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Res 2023-01-1360 Hurricane Creek Regional Wastewater Treatment Plant- Purchase of Real Property
CITY OF ANNA, TEXAS RESOLUTION NO. JQ a 3 - U 1— 13(00 A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT AND ASSOCIATED DOCUMENTS, IN A FORM APPROVED BY THE CITY ATTORNEY, FOR THE PURCHASE OF A 28.096 ACRE TRACT OF LAND OUT OF AN EXISTING 56 ACRE TRACT OF LAND LOCATED NORTH OF COUNTY ROAD 286 IN ANNA, TEXAS 75409; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City of Anna Capital Improvement Plan includes a proposed regional wastewater treatment facility in southwest Anna; and, WHEREAS, the City of Anna is seeking to purchase a 28.096 acre tract of land for use as a public wastewater treatment facility; and, WHEREAS, the property owner and the City have agreed in principle to the terms and conditions as shown in the attached draft contract; and, WHEREAS, the City has determined it to be in the public interest for the City to purchase the property for public infrastructure; and, WHEREAS, the City Attorney shall review and approve all agreements and contracts for the purchase of the property prior to execution by the City Manager; and, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Authorization of Agreement and Funding. That the City Council of the City of Anna hereby authorizes the City Manager to execute a contract and associated documents for the purchase of 28.096 acres of real property in the amount of $2,600,000. That the City Attorney shall review and approve all documents prior to execution. That the funding for the purchase shall come from Wastewater Impact Fees. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this �-4-k-k day of January 2023. ATTEST: 64.z"� 5�f D/�Z/1/ City Secretary, Carrie Land Exhibit A (following pages) NORTn TEXAS COMMERCIAL ASSOCIATION OF REALTORSO COMMERCIAL CONTRACT OF SALE 10eck all boxes applicable to this Contract - Boxes not checked do not apply to this Contract] In consideration of the agreements contained in this Commercial Contract of Sale (the "Contract"), Seller shall sell and convey to Purchaser, and Purchaser shall buy and pay for, the Property (defined below) pursuant to the provisions, and subject to the conditions, of this Contract. 1. PARTIES. The parties to this Contract are: Seller: John Hampton Rattan Address: Phone: Fax: Email: Purchaser. City of Anna Address: 120 W. seventh Stxeet Anna, Texas 75409 Phone: Fax: Email: 2. PROPERTY. The address of the Property is: 28.096 + or Acres of Land being a g2Lt of a 56 acre tract known as 2, Bastain oliver Survey, Abstract NuTber 677, Collin County, TX. , Texas . The Property is located in County, Texas, the land portion of which is further described as; The *44wt firri-her _qcri hurl and shnwn CmAj i nPd in red) on Exhibit "A" aft -rhea hP_rPt:n or as described in Exhibit "A". LEGAL DESCRIPTION and/or shown on Exhibit "B", SITE PLAN. The Property includes, all and singular, all improvements and fixtures situated thereon, and all rights and appurtenances pertaining thereto, including any right, title and interest of Seller in and to adjacent streets, alleys, or rights -of -way (such land, improvements, fixtures, rights and appurtenances being collectively herein referred to as the "Property"). 3. PURCHASE PRICE. A. Amount and Payable. The purchase price for the Property is $ 21600 r 000. 00 (the "Purchase Price"), payable at the Closing as follows (with the Earnest Money to be applied to the Purchase Price) ICkeek only one].- (1) All in cash (meaning Good Funds, as defined in Section 4F below). If this Contract is subject to approval for Purchaser to obtain financing from a third party, then Addendum B-1. THIRD PARTY FINANCING is attached. ❑ (2) Part in cash (Good Funds), in the following amount or percentage JCheck only one]: ❑ (a) $ ❑ (b) percent ( %) of the Purchase Price. If only part of the Purchase Price is to be paid in cash, then the balance of the Purchase Price will be paid according to the provisions in Addendum B-2. SELLER FINANCING. If part of the Purchase Price is to be paid by Purchaser assuming an existing promissory note secured by the Property, or taking the Property subject to an existing promissory note secured by the Property, then Addendum B-3, EXISTING LOAN, is attached. Seller's Initials Purchaser's Initials OCopyright 2005 NTCAR -Form No. 1(3/05) Page 1 Produced with ZipForm"m by RE FonnsNet, LLC 18025 Fifteen Mile Road, Clinton Township, Michigan 48035 ww _-rJrhomr&2m ❑ B. Adjustment. The Purchase Price will be adjusted up or down based upon the land area of the Property as determined by the Survey. The land area will be multiplied by the following amount per acre or square foot, as applicable, and the product will become the Purchase Price at the Closing JCheck only onel: ❑ $ per acre; or ❑ $ per square foot. The land area for purposes of determining the Purchase Price will be the gross land area of the Property unless this box ❑ is checked, in which case the land area for purposes of determining the Purchase Price will be the Net Land Area [as defined in Section 5A (Survey)] of the Property. Notwithstanding the foregoing, the Purchase Price will not be reduced under this Section 3B to less than 4. EARNEST MONEY AND TITLE COMPANY ESCROW. A. Tide Company. The Title Company to serve as escrow agent for this Contract is (the "Title Company"): on Ti tl a Cmmmanv A _ no tor_ eti,_n RemMy B. Effective Date. The "Effective Date" is the date the Title Company acknowledges receipt of this fully executed Contract as indicated by the signature block for the Title Company. C. Earnest Money. Within two (2) Business Days after the Effective Date, Purchaser shall deliver an earnest money deposit in the amount of $ 100, 000 - 00 (the "Earnest Money") payable to the Title Company, in its capacity as escrow agent, to be held in escrow pursuant to the terms of this Contract. Seller's acceptance of this Contract is expressly conditioned upon Purchaser's timely deposit of the Earnest Money with the Title Company. If Purchaser fails to timely deposit the Earnest Money with the Title Company, then Seller may, at Seller's option, terminate this Contract by delivering a written termination notice to Purchaser at any time until Purchaser deposits the Earnest Money with the Title Company. The Title Company shall deposit the Earnest Money in one or more fully insured accounts in one or more federally insured banking or savings institutions. Purchaser hereby instructs the Title Company to promptly deposit the check upon receipt (which instruction may not be retracted without Seller's written consent). After receipt of necessary tax forms from Purchaser, the Title Company will deposit the Earnest Money in an interest bearing account unless this box ❑ is checked, in which case the Title Company will not be required to deposit the Earnest Money in an interest bearing account. Any interest earned on the Earnest Money will become a part of the Earnest Money. At the Closing, the Earnest Money will be applied to the Purchase Price or, at Purchaser's option, will be returned to Purchaser upon full payment of the Purchase Price. D. Independent Consideration. Notwithstanding anything in this Contract to the contrary, a portion of the Earnest Money in the amount of $100.00 will be non-refundable and will be distributed to Seller upon any termination of this Contract as independent consideration for Seller's performance under this Contract. If this Contract is properly terminated by Purchaser pursuant to a right of termination granted to Purchaser by any provision of this Contract, the Earnest Money will be promptly returned to Purchaser. Any provision of this Contract that states that the Earnest Money is to be returned to Purchaser means that the Earnest Money, less the non-refundable portion, is to be returned to Purchaser. E. Escrow. The Earnest Money is deposited with the Title Company with the understanding that the Title Company is not: (1) responsible for the performance or non-performance of any party to this Contract; or (2) liable for interest on the funds except to the extent interest has been earned after the funds have been deposited in an interest bearing account. F. Definition of Good Funds. "Good Funds" means currently available funds, in United States dollars, paid in the. form of a certified check, cashier's check, official bank check or wire transfer acceptable to the Title Company, such that the payment may not be stopped by the paying party. Any reference in this Contract to "cash" means Good Funds. Seller's Initials Purchaser's Initials ®Copyright 2005 NTCAR— Form No. 1(3/05) page 2 Produced with ZlpFarmTM by RE FomEsNet, LLC 18025 Fifteen Mile Road, Clinton Township, Michigan 48035 www.zMrm.com 5. SURVEY AND TITLE. A. Survey. Within twenty (20) days after the Effective Date JCheck only one]. - Seller shall deliver to Purchaser a new survey (the "Survey") of the Property prepared at Seller's expense. PUYChdSP.t ® Stir shall deliver to Purchaser a new survey (the "Survey") of the Property prepared at Purchaser's expense. ❑ Seller shall deliver to Purchaser a new survey (the "Survey") of the Property prepared at Purchasefs expense, and Seller will give a credit to Purchaser against the Purchase Price at the Closing for the cost of the Survey in an amount not to exceed $ ❑ Seller shall deliver to Purchaser a copy of the most recent existing survey (the "Survey") of the Property in Seller's possession. If Purchaser, Purchaser's lender or the Title Company requires a new survey for any reason, then Purchaser shall pay for the cost of the new Survey, and [check only oriel: Seller will not be required to pay for any portion of the cost of the new Survey; or ❑ Seller will give a credit to Purchaser against the Purchase Price at the Closing for the cost of the new Survey in an amount not to exceed $ Any new Survey must: (1) be prepared by a Registered Professional Land Surveyor; (2) be in a form reasonably acceptable to Purchaser and the Title Company; (3) set forth a legal description of the Property by metes and bounds or by reference to a platted lot or lots; (4) show that the Survey was made on the ground with corners marked with monuments either found or placed; (5) show any discrepancies or conflicts in boundaries, and any visible encroachments; (6) contain the surveyor's certificate that the Survey is true and correct; and (7) show the location and size of all of the following on or immediately adjacent to the Property, if any, if recorded or visible and apparent: (a) buildings, (b) building set back lines (as shown on any recorded plat, but not as may be described in any restrictive covenants or zoning ordinances), (c) streets and roads, (d) 100-year flood plain (approximate location), (e) improvements, (t) encroachments, (g) easements, (h) recording information of recorded easements, (i) pavements, 0) protrusions, (k) fences, (1) rights -of -way, and (m) any markers or other visible evidence of utilities. Any area of the Property within the 100year flood plain will be shown on the Survey as the approximate location of the 100-year flood plain as defined by the Federal Emergency Management Agency or other applicable governmental authority. If the area within any 100-year flood plain is to be deducted for the purpose of determining Net Land Area (defined below), then the Survey must show the area of the Property covered by the 100-year flood plain, and that area, as reasonably, determined by the surveyor, will be conclusive for purposes of this Contract, even though the surveyor may qualify that determination as approximate. After the delivery of the Survey, the legal description of the Property set forth in the Survey will be incorporated in this Contract as the legal description of the Property, and will be used in the deed and any other documents requiring a legal description of the Property. The Survey must show the gross land area of the Property, and if the Purchase Price is based upon the Net Land Area then the Survey must also show the Net Land Area, expressed in both acres and square feet. The term "Net Land Ares" means the gross land area of the Property less the area within any of the following (if recorded or visible and apparent, but excluding those within set back areas) (Check all that apply]: ❑ utility easements; ❑ drainage easements; ❑ access easements; ❑ rights -of --way; ❑ 100-year flood plain; and ❑ any encroachments on the Property. B. Title Commitment. Within twenty (20) days after the Effective Date, Seller shall deliver or cause to be delivered to Purchaser: (1) A title commitment (the "Title Commitment") covering the Property binding the Title Company to issue'a Texas Owner Policy of Title Insurance (the "Title Policy") on the standard form prescribed by the Texas Department of Insurance at the Closing, in the full amount of the Purchase Price, insuring Purchaser's fee simple title to the Property to be good and indefeasible, subject only to the Permitted Exceptions (defined below); and (2) the following (collectively, the "Title Documents"): (a) true and legible copies of all recorded instruments affecting the Property and recited as exceptions in the Title Commitment; (b) a current tax certificate; (c) any written notices required by applicable statutes, including those referenced in Section 17• and (d) if the Property includes any personal property, UCC search reports pertaining to the Seller. Seller shall pay any expense for delivery of the Title Commitment and Title Documents. Seller's Initials Purchaser's Initials ®Copyright 2005 NTCAR — Form No. 1(3/05) Page 3 Produced with ZipFormTM by RE Form&Ne% LLC 18025 Fifteen Mle Road, Clinton Township, Michigan 48035 www.;eyform.00m 6. REVIEW OF SURVEY AND TITLE. A. Title Review Period. Purchaser will have fifteen (15) days (the "Title Review Period") after receipt of the last of the Survey, Title Commitment and Title Documents to review them and to deliver in writing to Seller any objections Purchaser may have to them or any item disclosed by them. Any item to which Purchaser does not object will be deemed a "Permitted Exception." The items set forth on Schedule C of the Title Commitment, and any other items the Title Company identifies to be released upon the Closing, will be deemed objections by Purchaser. Purchaser's failure to object within the time provided will be a waiver of the right to object. N Purchaser delivers any written objections to Seller within the Tide Review Period, then Seller shall make a good faith attempt to cure the objections within ten (10) days (the "Cure Period") after receipt of the objections. However, Seller is not required to incur any cost to do so. Zoning ordinances and "the lien for current taxes are deemed to be Permitted Exceptions. B. Cure Period. If Seller cannot cure the objections within the Cure Period, Seller may deliver a written notice to Purchaser, before expiration of the Cure Period, stating whether Seller is committed to cure the objections at or before the Closing. If Seller does not cure the objections within the Cure Period, or does not timely deliver the notice, or does not commit in the notice to fully cure all of the objections at or before the Closing, then Purchaser may terminate this Contract by delivering a written notice to Seller on or before the earlier to occur of (1) the date that is seven (7) days after the expiration of the Cure Period; or (2) the scheduled Closing Date. If Purchaser properly and .timely terminates this Contract, the Earnest Money will be returned to Purchaser. If Purchaser does not properly and timely terminate this Contract, then Purchaser will be deemed to have waived any uncured objections and must accept tide at the Closing subject to the uncured objections and other Permitted Exceptions. Seller's failure to cure Purchaser's objections under this Section 6 does not constitute a default by Seller. 7. SELLER'S REPRESENTATIONS. A. Statements. Seller represents to Purchaser, to the best of Seller's knowledge, as follows: (1) Title. At the Closing, Seller will convey to Purchaser good and indefeasible fee simple title to the Property free and clear of any and all liens, assessments, easements, security interests and other encumbrances except the Permitted Exceptions. Delivery of the Title Policy pursuant to Section 12 (the Closing) will be deemed to satisfy the obligation of Seller as to the sufficiency of title required under this Contract. However, delivery of the Title Policy will not release Seller from the warranties of title set forth in the warranty deed. (2) Leases. There are no parties in possession of any portion of the Property as lessees, tenants at sufferance or trespassers except tenants under written leases delivered to Purchaser pursuant to this Contract. (3) Dens and Debts. There are no mechanic's liens, Uniform Commercial Code liens or unrecorded liens against the Property, and Seller shall not allow any such liens to attach to the Property before the Closing that will notbe satisfied out of the Closing proceeds. All obligations of Seller arising from the ownership and operation of the Property and any business operated on the Property, including, but not limited to, taxes, leasing commissions, salaries, contracts, and similar agreements, have been paid or will be paid before the Closing. Except for obligations for which provisions are made in this Contract for prorating at the Closing and any indebtedness taken subject to or assumed, there will be no obligations of Seller with respect to the Property outstanding as of the Closing. (4) Litigation. There is no pending or threatened litigation, condemnation, or assessment affecting the Property. Seller shall promptly advise Purchaser of any litigation, condemnation or assessment affecting the Property that is instituted after the Effective Date. (5) Material Defects. Seller has disclosed to Purchaser any and all known conditions of a material nature with respect to the Property which may affect the health or safety of any occupant of the Property. Except as disclosed in writing by Seller to Purchaser, the Property has no known latent structural defects or construction defects of a material nature, and none of the improvements have been constructed with materials known to be a potential health hazard to occupants of the Property. (6) Hazardous Materials. Except as otherwise disclosed in writing by Seller to Purchaser, the Property (including any improvements) does not contain any Hazardous Materials (defined below) other than lawful quantities properly stored in containers in compliance with applicable laws. Seller's Initials Purchaser's Initials ®Copyright 20054 NTCAR — Form No. 1(3/05) Page 4 Produced v th ZlpForm"' by RE ForrnsNe% LLC IBUS Fifteen Mile Road, Clinton Township, Michigan 48WS www.ziatorm axn B. RemedIes. If Purchaser discovers, before the Closing, that any of Sellers representations have been misrepresented in a material respect, Purchaser may notify Seller of the misrepresentation in writing, and Seller shall attempt to correct the misrepresentation. If the misrepresentation is not corrected by Seller before the Closing, Purchaser may: (1) proceed to Closing, without waiving any claim for misrepresentation; or (2) terminate this Contract by delivering a written termination notice to Seller, in which case the Earnest Money will be returned to Purchaser. C. Negative Covenants. After the Effective Date, Seller shall not, without Purchasers prior written approval: (1) further encumber the Property or allow an encumbrance upon the title to the Property, or modify the terms of any existing encumbrance, if the encumbrance would still be in effect after Closing; or (2) enter into any lease or contract affecting the Property, if the lease or contract would still be in effect after Closing. However, Seller may enter into a lease or contract with an independent third party, in the ordinary course of business, without Purchaser's consent, if Purchaser will be entitled to terminate the lease or contract after Closing, without incurring any termination charge, by delivering a termination notice thirty (30) days in advance of the termination date. If Seller enters into any lease or contract affecting the Property after the Effective Date, then Seller shall immediately deliver a photocopy of the signed document to Purchaser. & NONCONFORMANCE. Purchaser has or will independently investigate and verify to Purchasers satisfaction the extent of any limitations of uses of the Property. Purchaser acknowledges that the current use of the Property or the improvements located on the Property (or both) may not conform to applicable Federal, State or municipal laws, ordinances, codes or regulations. Zoning, permitted uses, height limitations, setback requirements, minimum parking requirements, limitations on coverage of improvements to total area of land, Americans with Disabilities Act requirements, wetlands restrictions and other matters may have a significant economic impact upon the intended use of the Property by Purchaser. However, if Seller is aware of pending zoning changes and/or current nonconformance with any Federal, State or local laws, ordinances, codes or regulations, Seller shall disclose same to Purchaser. 9. INSPECTION. [Check only onel ® A. Inspection Desired. Purchaser desires to inspect the Property and Seller grants to Purchaser the right to inspect the Property as described in Exhibit "8" attached hereto and made a part hereof . Q B. Inspection Not Necessary. Purchaser acknowledges that Purchaser has inspected the Property, including all buildings and improvements, and is thoroughly familiar with their condition. Purchaser accepts the Property in its present "AS IS" condition, and any changes caused by normal wear and tear before the Closing, but without waiving Purchasers rights by virtue of Seller's representations expressed in this Contract. 10. CASUALTY LOSS AND CONDEMNATION. A. Damage or Destruction. All risk of loss to the Property will remain upon Seller before the Closing. If the Property is damaged or destroyed by fire or other casualty to a Material Extent (defined below), then Purchaser may terminate this Contract by delivering a written termination notice to Seller within ten (10) days after the date the casualty occurred (and in any event before the Closing] in which case the Earnest Money will be returned to Purchaser. If the Property is damaged by fire or other casualty to less than a Material Extent, the parties shall proceed to the Closing as provided in this Contract If the transaction is to proceed to the Closing, despite any damage or destruction, there will be no reduction in the Purchase Price and Seller shall do one of the following: (1) fully repair the damage before the Closing, at Seller's expense; (2) give a credit to Purchaser at the Closing for the entire cost of repairing the. Property; or (3) assign to Purchaser all of Seller's right and interest in any insurance proceeds resulting from the damage or destruction, plus give a credit to Purchaser at the Closing in an amount equal to any deductible or other shortfall. The term "Material Extent" means damage or destruction where the cost of repair exceeds ten percent (10%) of the Purchase Price. If the extent of damage or the amount of insurance proceeds to be made available cannot be determined before the Closing Date, or the repairs cannot be completed before the Closing Date, either party may postpone the Closing Date by delivering a written notice to the other party specifying an extended Closing Date that is not more than thirty (30) days after the previously scheduled Closing Date. B. Condemnation. If condemnation proceedings are commenced before the Closing against any portion of the Property, then Seller shall immediawly notify Purchaser in writing of the condemnation proceedings, and Purchaser may terminate this Contract by delivering a written notice to Seller within ten (10) days after Purchaser receives the notice (and in any event before the Closing), in which case the Earnest Money will be returned to Purchaser. If this Contract is not terminated, then any condemnation award will (a) if known on the Closing Date, belong to Seller and the Purchase Price will be reduced by the same amount, or (b) if not known on the Closing Date, belong to Purchaser and the Purchase Price will not be reduced. Seller's Initials Purchaser's Initials @Copyright 2005 NTCA1t— Form No. 1(3/05) Page S Produced Wth TrpFormT' by RE ForrnsNet. LLC 18025 Fdteen Mile Road. Curter Townsho, Michigan 48035 wwwzhifiorm-c m 11. ASSIGNMENT. lCheek only one] Cl A. Assignment Permitted. Purchaser may assign this Contract provided the assignee, assumes in writing all obligations and liabilities of Purchaser under this Contract, in which event Purchaser will be relieved of any further liability under this Contract. ❑ B. Limited Assignment Permitted. Purchaser may assign this Contract only to a related party, defined as: (1) an entity in which Purchaser is an owner, partner or corporate officer; (2) an entity which is owned or controlled by the same person or persons that own or control Purchaser, or (3) a member or members of the immediate family of Purchaser, or a trust in which the beneficiary or beneficiaries is or are a member or members of the immediate family of Purchaser. Purchaser will remain liable under this Contract after any assignment. [x) C. Assignment Prohibited. Purchaser may not assign this Contract without Seller's prior written consent. 12. CLOSING. A. Closing Date. The closing of the transaction described in this Contract (the "Closing") will be held at the offices of the Title Company at its address stated below, on the date (the "Closing Date") that is the later of thirty days after the expiration of the Inspection Period (if any); days after the Effective Date; or . However, if any objections that were timely made by Purchaser in writing pursuant to Section 6A (Title Review Period) have not been cured, then either party may postpone the Closing Date by delivering a written notice to the other party specifying an extended Closing Date that is not more than thirty (30) days after the previously scheduled Closing Date. B. Seller's Closing Obligations. At the Closing, Seller shall deliver to Purchaser, at Seller's expense: (1) A duly executed [check only one] ❑ General Warranty Deed ® Special Warranty Deed (with vendor's lien retained if financing is given by Seller or obtained from a third party) conveying the Property in fee simple according to the legal description prepared by the surveyor as shown on the Survey, subject only to the Permitted Exceptions; s An updated Title Commitment committing the underwriter for the Title Company to issue promptly after the Closing, t$ expense, the Title Policy pursuant to the Title Commitment, subject only to the Permitted Exceptions, in the full amount of the Purchase Price, dated as of the date of the Closing, and (at an additional premium cost) [check only one Vapplieable] ❑ with the survey exception modified at Seller's expense to read "any shortages in area," or ❑ with the survey exception modified at Purchaser's expense to read "any shortages in area;" (3) A Bill of Sale conveying the personal property, if any, including but not limited to, any described on Addendum A. IMPROVED PROPERTY, free and clear of liens, security interests and encumbrances, subject only to the Permitted Exceptions (to the extent applicable); (4) Possession of the Property, subject to valid existing leases disclosed by Seller to Purchaser and other applicable Permitted Exceptions; (5) An executed assignment of all leases, if there are any leases affecting the Property; (6) A current rent roll certified by Seller to be complete and accurate, if there are any leases affecting the Property; () Evidence of Seller's authority and capacity to close this transaction; and (8) All other documents reasonably required by the Title Company to close this transaction. Seller's Initials Purchaser's Initials ®Copyright 2005 NTCAR — Form No. 1(3/05) Page 6 Produced with ZipFormTM by RE FormsN% LLC 1865 Fifteen We Road, Clinton Township, Michigan 46035 www zkytorm=rn expense: C. Purchaser's Closing Obligations. At the Closing, Purchaser shall deliver to Seller, at Purchaser's (1) The cash portion of the Purchase Price (with the Earnest Money being applied to the Purchase Price); (2) The Note and the Deed of Trust, if Addendum B-2, SELLER FINANCING, is attached; (3) An Assumption Agreement in recordable form agreeing to pay all commissions payable under any lease affecting the Property; (4) Evidence of Purchaser's authority and capacity to close this transaction; and (5) All other documents reasonably required by the Title Company to close this transaction. D. Closing Costs. Mier or pmel er in a transaction of this ellwattet in ft comity wile.. ft plapoty is lacatet of as athowise afflwd Purchaser shall pray all closing costs. E. Proration. Rents, lease commissions, interest, insurance premiums, maintenance expenses, operating expenses, and ad valorem taxes for the year of the Closing will be prorated at the Closing effective as of the date of the Closing. Seller shall give a credit to Purchaser at the Closing in the aggregate amount of any security deposits deposited by tenants under leases affecting the Property. If the Closing occurs before the tax rate is fixed for the year of the Closing, the apportionment of the taxes will be upon the basis of the tax rate for the preceding year applied to the latest assessed valuation, but any difference between actual and estimated taxes for the year of the Closing actually paid by Purchaser will be adjusted equitably between the parties upon receipt of a written statement of the actual amount of the taxes. This provision will survive the Closing. F. Rollback Taxes. If this sale or a change in use of the Property or denial of any special use valuation of the Property would result in the assessment after the Closing of additional taxes and interest applicable to the period of time before the Closing ("Rollback Taxes"), then: (1) Purchaser shall pay the Rollback Taxes (including any interest and penalties) if and when they are assessed, without receiving any credit from Seller, unless (2) this box is checked, in which case Seller shall give a credit to Purchaser at the Closing for the amount of the Rollback Taxes (including interest) that may be assessed after the Closing as reasonably estimated by the Title Company, and Purchaser shall pay the Rollback Taxes (including any interest and penalties) if and when they are assessed after the Closing. If Seller gives a credit to Purchaser for the estimated amount of Rollback Taxes, and the actual Rollback Taxes assessed after the Closing are different from the estimate used at the Closing, then there will be no subsequent adjustment between Seller and Purchaser. If any Rollback Taxes are due before the Closing due to a change in use of the Property by Seller or a denial of any special use valuation of the Property before the Closing, then Seller shall pay those Rollback Taxes (including any interest and penalties) at or before the Closing. G. Loan Assumption. If Purchaser assumes an existing mortgage loan at the Closing, Purchaser shall pay: (1) to the lender, any assumption fee charged by the lender, and (2) to Seller, a sum equal to the amount of any reserve accounts held by the lender for the payment of taxes, insurance and any other expenses applicable to the Property for which reserve accounts are held by the lender. Purchaser shall execute, at the option and expense of Seller, a Deed of Trust to Secure Assumption with a trustee named by Seller. If consent to the assumption is required by the lender, Seller shall obtain the lender's consent in writing and deliver the consent to Purchaser at the Closing. If Seller does not obtain the lender's written consent (if required) and deliver it to Purchaser at or before the Closing, Purchaser may terminate this Contract by delivering a written termination notice to Seller, and the Earnest Money will be returned to Purchaser. H. Foreign Person Notification. If Seller is a Foreign Person, as defined by the Internal Revenue Code, or if Seller fails to deliver to Purchaser a non -foreign affidavit pursuant to §1445 of the Internal Revenue Code, then Purchaser may withhold from the sales proceeds an amount sufficient to comply with applicable tax law and deliver the withheld proceeds to the Internal Revenue Service, together with appropriate tax forms. A non -foreign affidavit from Seller must include: (1) a statement that Seller is not a foreign person; (2) the U. S. taxpayer identification number of Seller; and (3) any other information required by § 1445 of the Internal Revenue Code. Seller's Initials Purchaser's Initials C)Copyright 2005 NTCAR — Form No. 1(3/05) Page 7 Produced with ZlpFortnTm by RE FormsNet, LLC 18025 Fifteen We Road, Ciintm Township, Michigan 48035 wwwA rm.com 13. DEFAULT. A. Purchaser's Remedies. If Seller fails to close this Contract for any reason except Purchaser's default or the termination of this Contract pursuant to a right to terminate set forth in this Contract, Seller will be in default and Purchaser may elect to either: (1) enforce specific performance of this Contract (force Seller to sell the Property to Purchaser pursuant to this Contract); or (2) terminate this Contract by delivering a written notice to Seller. If Purchaser elects to terminate this Contract due to Seller's default, then Purchaser will be deemed to have waived any other remedies available to Purchaser and the Earnest Money will be returned to Purchaser. The foregoing will be Purchaser's sole and exclusive remedies for Seller's default unless this box ❑ is checked, in which case Purchaser may sue Seller for damages. If the box is checked to allow Purchaser to sue Seller for damages, then Purchaser must elect to pursue either specific performance or a claim for damages at the beginning of any legal action initiated by Purchaser. B. Seller's Remedies. If Purchaser fails to close this Contract for any reason except Seller's default or the termination of this Contract pursuant to a right to terminate set forth in this Contract, Purchaser will be in default and Seller may terminate this Contract and receive the Earnest Money as liquidated damages for Purchaser's breach of this Contract, thereby releasing Purchaser from this Contract. If Seller terminates this Contract due to Purchaser's default, then the Earnest Money will be paid to Seller. The right to receive the Earnest Money will be Seller's sole and exclusive remedy for Purchaser's default unless one of the following remedies is selected, in which case Seller may sue Purchaser: ❑ to enforce specific performance (force Purchaser to purchase the Property pursuant to this Contract); or ❑ for damages. If one or both of the boxes is checked to allow Seller to sue Purchaser to enforce specific performance or for damages, then Seller must elect to either receive the Earnest Money as liquidated damages or pursue one of the other selected remedies at the beginning of any legal action initiated by Seller. 14. AGENCY DISCLOSURE. A. Agency Relationships. The term "Brokers" refers to the Principal Broker and the Cooperating Broker, if applicable, as set forth on the signature page. Each Broker has duties only to the party 'the Broker represents as identified below. If either Broker is acting as an intermediary, then that Broker will have only the duties of an intermediary, and the intermediary disclosure and consent provisions apply as set forth below. [Each broker check only one] (1) The Principal Broker is: ® agent for Seller only; or ❑ agent for Purchaser only; or ❑ an intermediary. (2) The Cooperating Broker is: ❑ agent for Seller only; or ❑ agent for Purchaser only; or ❑ an intermediary. B. Other Brokers. Seller and Purchaser each represent to the other that they have had no dealings with any person, firm, agent or finder in connection with the negotiation of this Contract or the consummation of the purchase and sale contemplated by this Contract, other than the Brokers named in this Contract, and no real estate broker, agent, attorney, person, firm or entity, other than the Brokers, is entitled to any commission or finder's fee in connection with this transaction as the result of any dealings or acts of the representing party. Each party agrees to indemnify, defend, and hold the other party harmless from and against any costs, expenses or liability for any compensation, commission, fee, or charges that may be claimed by any agent, finder or other similar party, other than the Brokers, by reason of any dealings or acts of the indemnifying party. C. Fee Sharing. Seller and Purchaser agree that the Brokers may share the Fee (defined below) among themselves, their sales associates, and any other licensed brokers involved in the sale of the Property. The parties authorize the Title Company to pay the Fee directly to the Principal Broker and, if applicable, the Cooperating Broker, in accordance with Section 15 (Professional Service Fee) or any other agreement pertaining to the Fee. Payment of the Fee will not alter the fiduciary relationships between the parties and the Brokers. D. Intermediary Relationship. If either of the Brokers has indicated in Section 14A (Agency Relationships) that the Broker is acting as an intermediary in this transaction, then Purchaser and Seller hereby consent to the intermediary relationship, authorize such Broker or Brokers to act as an intermediary in this transaction, and acknowledge that the source of any expected compensation to the Brokers will be Seller, and the Brokers may also be paid a fee by Purchaser. A real estate broker who acts as an intermediary between parties in a transaction: Seller's Initials Purchaser's initials ®Copyright 2005 NTCAR — Form No. 1(3/05) Page 8 Pm duoed with ZVoWN by RE FomtsNe% LLC 1 SM Fifteen Mite Road, Clinton Township, Michigan 48035 www.&*=.aom (1) may not disclose to the buyer that the seller will accept a price less than the asking price unless otherwise instructed in a separate writing by the seller; (2) may not disclose to the seller that the buyer will pay a price greater than the price submitted In a written offer to the seller unless otherwise instructed in a separate writing by the buyer; (3) may not disclose any confidential information or any information a party specifically instructs the real estate broker in writing not to disclose unless otherwise instructed in a separate writing by the respective party or required to disclose such information by the Texas Real Estate License Act or a court order or if the information materially relates to the condition of the property; (4) shall treat all parties to the transaction honestly; and (5) shall comply with the Texas Real Estate License Act Broker is authorized to appoint, by providing written notice to the parties, one or more licensees associated with Broker to communicate with and carry out instructions of one party, and one or more other licensees associated with Broker to communicate with and carry out instructions of the other party or parties. During negotiations, an appointed licensee may provide opinions and advice to the party to whom the licensee is appointed. 15. PROFESSIONAL SERVICE FEE. A. Payment of Fee. Seller agrees to pay the Brokers a professional service fee (the "Fee") for procuring the Purchaser and for assisting in the negotiation of this Contract as follows: The Fee will be earned upon the execution of this Contract and will be paid at the Closing of a sale of the Property by Seller pursuant to this Contract (as may be amended or assigned). The Fee will be paid by Seller to the Brokers in the county in which the Property is located. Seller shall pay any applicable sales taxes on the Fee. The Title Company or other escrow agent is authorized and directed to pay the Fee to the Brokers out of the Closing proceeds. A legal description of the Property, as set forth in this Contract and any Survey delivered pursuant to this Contract, is incorporated by reference in the agreement pertaining to the Fee set forth or referenced in this Section. The Fee is earned notwithstanding: (1) any subsequent termination of this Contract (except a termination by Seller or Purchaser pursuant to a right of termination in this Contract); or (2) any default by Seller. If the Closing does not occur due to Purchaser's default, and Seller does not elect to enforce specific performance, the Fee will not exceed one-half of the Earnest Money. If either party defaults under this Contract, then the Fee will be paid within ten (10) days after the scheduled Closing Date, out of the Earnest Money or any other escrow deposit made pursuant to this Contract. B. Consent Required. Purchaser, Seller and Title Company agree that the Brokers are third party beneficiaries of this Contract with respect to the Fee, and that no change may be made by Purchaser, Seller or Title Company as to the time of payment, amount of payment or the conditions for payment of the Fee without the written consent of the Brokers. C. Right to Claim a Lien. Pursuant to Chapter 62 of the Texas Property Code, the Brokers hereby disclose their right to claim a lien based on the commission agreement set forth in this Section 15 and any other commission agreements referenced in this Contract or applicable to the transaction contemplated by Tis Contract. This disclosure is hereby incorporated in any such commission agreements. 16. MISCELLANEOUS PROVISIONS. A. Definition of Hazardous Materials. "hazardous Materials" means any pollutants, toxic substances, oils, hazardous wastes, hazardous materials or hazardous substances as defined in or pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, as amended, the Clean Water Act, as amended, or any other Federal, State or local environmental law, ordinance, rule, or regulation, whether existing as of the Effective Date or subsequently enacted. Seller's Initials Purchaser's Initials tgCopyright 2005 NTCAR — Form No. 1(3/05) Page 9 Produced with Z10FOWN by RE FWMSNet. LLC 18025 Fft m Mile Road. CQnton Township, Michigan 48035 www.zbtonn.com B. Notices. All notices and other communications required or permitted under this Contract must be in writing and will be deemed delivered on the earlier of (1) actual receipt, if delivered in person or by courier, with evidence of delivery; (2) receipt of an electronic facsimile ("Fax") transmission with confirmation of delivery to the Fax numbers specified in this Contract, if any; or (3) upon deposit with the United States Postal Service, certified mail, return receipt requested, postage prepaid, and properly addressed to the intended recipient at the address set forth in this Contract. Any party may change its address for notice purposes by delivering written notice of its new address to all other parties in the manner set forth above. Copies of all written notices should also be delivered to the Brokers and to the Title Comany, but failure to notify the Brokers or the Title Company will not cause an otherwise properly delivered notice to be ineffective. C. Termination. If this Contract is terminated for any reason, the parties will have no further rights or obligations under this Contract, except that: (1) Purchaser shall pay the costs to repair any damage to the Property caused by Purchaser or Purchaser's agents; (2) Purchaser shall return to Seller any reports or documents delivered to Purchaser by Seller, and (3) each party shall perform any other obligations that, by the explicit provisions of this Contract, expressly survive the termination of this Contract. The obligations of this Section 16C will survive the termination of this Contract. The terms of any mutual termination agreement will supersede and control over the provisions of this Section 16C to the extent of any conflict. D. Forms. In case of a dispute as to the form of any document required under this Contract, the most recent form prepared by the State Bar of Texas will be used, modified as necessary to conform to the terms of this Contract. E. Attorneys' Fees. The prevailing party in any proceeding brought to enforce this Contract, or brought relating to the transaction contemplated by this Contract, will be entitled to recover from the non -prevailing parties court costs, reasonable attorneys' fees and all other reasonable related expenses. F. Integration. This Contract contains the complete agreement between the parties with respect to the Property and cannot be varied except by written agreement. The parties agree that there are no oral agreements, understandings, representations or warranties made by the parties that are not expressly set forth in this Contract. Any prior written agreements, understandings, representations or warranties between the parties will be deemed merged into and superceded by this Contract, unless it is clear from the written document that the intent of the parties is for the previous written agreement, understanding, representation or warranty to survive the execution of this Contract. G. Survival. Any representation or covenant contained in this Contract not otherwise discharged at the Closing will survive the Closing. H. Binding Effect. This Contract will inure to the benefit of, and will be binding upon, the parties to this Contract and their respective heirs, legal representatives, successors and assigns. I. Time for Performance. Time is of the essence under each provision of this Contract. Strict compliance with the times for performance is required. J. Business Day. If any date of performance under this Contract falls on a Saturday, Sunday or Texas legal holiday, such date of performance will be deferred to the next day that is not a Saturday, Sunday or Texas legal holiday. K. Right of Entry. After reasonable advance notice and during normal business hours, Purchaser, Purchaser's representatives and the Brokers have the right to enter upon the Property before the Closing for purposes of viewing, inspecting and conducting studies of the Property, so long as they do not unreasonably interfere with the use of the Property by Seller or any tenants, or cause damages to the Property. L. Governing Law. This Contract will be construed under and governed by the laws of the State of Texas, and unless otherwise provided in this Contract, all obligations of the parties created under this Contract are to be performed in the county where the Property is looted. K Severability. If any provision of this Contract is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the invalid, illegal, or unenforceable provision will not affect any other provisions, and this Contract will be construed as if the invalid, illegal, or unenforceable provision is severed and deleted from this Contract. N. Broker Disclaimer. The Brokers will disclose to Purchaser any material factual knowledge the Brokers may possess about the condition of the Property. Purchaser understands that a real estate broker is not an expert in matters of law, tax, financing, surveying, hazardous materials, engineering, construction, safety, zoning, land Seller's Initials Purchaser's Initials CCopydgbt 2005 NWAR— Form No. 1(3/05) Page 10 Pr duped with ZtpFon tm by RE Fa msNet, LLC 16025 FiReen Mae Road, Cgftn Township, Michigan 48M www.zkftrm.com planning, architecture, or the Americans with Disabilities Act. Purchaser should seek expert assistance on such matters. The Brokers do not investigate a property's compliance with building codes, governmental ordinances, statutes and laws that relate to the use or condition of the Property or its construction, or that relate to its acquisition. Purchaser is not relying upon any representations of the Brokers concerning permitted uses of the Property or with respect to any nonconformance of the Property. If the Brokers provide names of consultants or sources for advice or assistance, the Brokers do not warrant the services of the advisors or their products. The Brokers cannot warrant the suitability of property to be acquired. Purchaser acknowledges that current and future federal, state and local laws and regulations may require any Hazardous Materials to be removed at the expense of those persons who may have had or continue to have any interest in the Property. The expense of such removal may be substantial. Purchaser agrees to look- solely to experts and professionals selected or approved by Purchaser to advise Purchaser with respect to the condition of the Property and will not hold the Brokers responsible for any condition relating to the Property. The Brokers do not warrant that Seller will disclose any or all property defects or other matters pertaining to the Property or its condition. Seller and Purchaser agree to hold the Brokers harmless from any damages, claims, costs and expenses including, but not limited to, reasonable attorneys' fees and court costs, resulting from or related to any person furnishing any false, incorrect or inaccurate information with respect to the Property, Seller's concealing any material information with respect to the condition of the Property, or matters that should be analyzed by experts. To the extent permitted by applicable law, the Brokers' liability for errors or omissions, negligence, or otherwise, is Iimited to the return of the Fee, if any, paid to the responsible Broker pursuant to this Contract. The parties agree that they are not relying uponany oral statements that the Brokers may have made. Purchaser is relying solely upon Purchaser's own investigations and the representations of Seller, if any, and Purchaser acknowledges that the Brokers have not made any warranty or representation with respect to the condition of the Property or otherwise. O. Counterparts. This Contract may be executed in a number of identical counterparts. Each counterpart is deemed an original and all counterparts will, collectively, constitute one agreement P. Patriot Act Representation. Seller and Purchaser each represent to the other that: (1) its property interests are not blocked by Executive Order No. 13224, 66 Fed. Reg. 49079; (2) it is not a person listed on the Specially Designated Nationals and Blocked Persons list of the Office of Foreign Assets Control of the United States Department of the Treasury; and (3) it is not acting for or on behalf of any person on that list. 17. STATUTORY NOTICES. A. Abstract or Title Policy. At the time of the execution of this Contract, Purchaser acknowledges that the Brokers have advised and hereby advise Purchaser, by this writing, that Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection or that Purchaser should be furnished with or obtain a policy of title insurance. B. Notice Regarding Unimproved Property Located in a Certificated Service Area. If the Property is unimproved and is located in a certificated service area of a utility service, then Seller shall give to Purchaser a written notice in compliance with § 13.257 of the Texas Water Code, and Purchaser agrees to acknowledge receipt of the notice in writing. The notice must set forth the correct name of utility service provider authorized by law to provide water or sewer service to the Property, and must comply with all other applicable requirements of the Texas Water Code. C. Special Assessment Districts. If the Property is situated within a utility district or flood control district subject to the provisions of §49.452 of the Texas Water Code, then Seller shall give to Purchaser the required written notice and Purchaser agrees to acknowledge receipt of the notice in writing. The notice must set forth the current tax rate, the current bonded indebtedness and the authorized indebtedness of .the district, and must comply with all other applicable requirements of the Texas Water Code. D. Property Owners' Association. If the Property is subject to mandatory membership in a property owners' association, Seller shall notify Purchaser of the current annual budget of the property owners' association, and the current authorized fees, dues and/or assessments relating to the Property. In addition. Seller shall give to Purchaser the written notice required under §5.012 of the Texas Property Code, if applicable, and Purchaser agrees to acknowledge receipt of the notice in writing. Also, Seller shall give to Purchaser the resale certificate required under Chapeter 207 of the Texas Property Code, if applicable, and Purchaser agrees to acknowledge receipt of the resale certificate in writing. E. Notice Regarding Possible Annexation. If the Property that is the subject of this Contract is located outside the limits of a municipality, the Property may now or later be included in the extraterritorial jurisdiction of Seller's Initials Purchase's Initials ®Copyright 2005 NTCAR — Form No. 1(3/05) Page 11 Produced with ZipForm*" by RE Formshiet, LLC 18025 Fifteen Mile Road, Clinton Township, M'ehigan 48035 wwwgh orm.com the municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and extraterritorial jurisdiction. To determine if the Property is located within a municipality's extraterritorial jurisdiction or is likely to be located within a municipality's extraterritorial jurisdiction, contact all municipalities located in the general proximity of the Property for further information. F. Notice Regarding Coastal Area Property. If the Property adjoins or shares a common boundary with the tidally influenced submerged lands of the state, then Seller shall give to Purchaser a written notice regarding coastal area property, in compliance with §33.135 of the Texas Natural Resources Code, and Purchaser agrees to acknowledge receipt of the notice in writing. G. Gulf Intracoastal Waterway Notice. If the Property is located seaward of the Gulf Intracoastal Waterway, then Seller shall give to Purchaser a written notice regarding the seaward location of the Property, in compliance with §61.025 of the Texas Natural Resources Code, and Purchaser agrees to acknowledge receipt of the notice in writing. H. Notice for Property Located in an Agricultural Development District If the Property is located in an agricultural development district, then in accordance with §60.063 of the Texas Agricultural Code: (1) Seller shall give to Purchaser a written notice that the Property is located in such a district; (2) Purchaser agrees to acknowledge receipt of the notice in writing; and (3) at the Closing, a separate copy of the notice with current information about the district will be executed by Seller and Purchaser and recorded in the deed records of the county in which the Property is located. 18. DISPUTE RESOLUTION. A. Mediation. If any dispute (the "Dispute") arises between any of the parties to this Contract including, but not limited to, payment of the Fee, then any party (including any Broker) may give written notice to the other parties requiring all involved parties to attempt to resolve the Dispute by mediation. Except in those circumstances where a party reasonably believes that an applicable statute of limitations period is about to expire, or a party requires injunctive or equitable relief, the parties are obligated to use this mediation procedure before initiating arbirratien-OF any other action. Within seven (7) days after receipt of the mediation notice, each party must deliver a written designation to all other parties stating the names of one or more individuals with authority to resolve the Dispute on such party's behalf. Within fourteen (14) days after receipt of the mediation notice, the parties shall make a good faith effort to select a qualified mediator to mediate the Dispute. If the parties are unable to timely agree upon a mutually acceptable mediator, any party may request any state or federal judge to appoint a mediator. In consultation with the mediator, the parties shall promptly designate a mutually convenient time and place for the mediation that is no later than thirty (30) days after the date the mediator is selected. In the mediation, each party must be represented by persons with authority and discretion to negotiate a resolution of the Dispute, and may be represented by counsel. The mediation will be governed by applicable provisions of Chapter 154 of the Texas Civil Practice and Remedies Code, and such other rules as the mediator may prescribe. 'Ilse fees and expenses of the mediator will be shared equally by all parties included in the Dispute. the Brokers) shall submit the Dispute to binding arbitration before a single arbitrator. The Dis ecided by arbitration in accordance with the applicable arbitration statute and any rut y the arbitrator. After an unsuccessful mediation, any party may initiate the arbitration y elivering a written notice of demand for arbitration to the other parties. Within fourt ays after the receipt of the written notice of demand for arbitration, the parties shall with effort to select a qualified arbitrator acceptable to all parties. If the parties are u ree upon the selection of an arbitrator, then any party may request any state or federal judge to 19. CONSULT AN ATTORNEY.1his Contract is a legally binding agreement. The Brokers cannot give legal advice. The parties to this Contract acknowledge that they have been advised to have this Contract reviewed by legal counsel before signing this Contract. dark M.C, Wd4 rdwea& McCoy, W Purchaser's 2"ID.0a,Fkwysui.e Seller's Friun,T. M;o attorney is: W2-712-35w attorney is: Seller's Initials Purchaser's Initials CCopyright 2005 NTCAR—Form No. 1 (3l05) Produced wIM ZlpFcan- by RE FannsNet, LLC 18025 Fifteen Mile Ra d. Clinton Township, Michigan 48035 wnw Ycfonn.oxn Page 12 20. EXHIBITS AND ADDENDA. All Exhibits and Addenda attached to this Contract are incorporated herein by reference and made a part of this Contract for all purposes %heck all that apply]: ® Exhibit "A" Leaal Description ❑ IM Exhibit "B" Inspection/Feasibilit P. and other provisions uo El Addendum A Improved Property Addendum B-1 Third Party Financing Addendum B-2 Seller Financing Addendum B-3 Existing Loan Addendum C Inspection Addendum D Disclosure Notice Addendum E Lead Based Paint Addendum F Additional Provisions 21. CONTRACT AS OFFER The execution of this Contract by the first party to do so constitutes an offer to purchase or sell the Property. If the other party does not accept that offer by signing this Contract and delivering a fully executed copy to the first party within days after the date this Contract is executed by the first party, then the first party may withdraw that offer by delivering a written notice to the other party at any time before the other party accepts that offer, in which case the Earnest Money, if any, will be returned to Purchaser. 22. ADDITIONAL PROVISIONS. jAddidonal provisions may be set fords below or on any attached Addendum]. See Exhibit "B" attached hereto and made a part hereof for all purposes. See Exhibit "C" attached hereto and made a part hereof for all purposes. See Exhibit "D" attached hereto and made a part hereof for all purposes. seller's initials Purchaser's Initials ®Copyright 2005 NTCAR — Form No. 1(3/05) Produoed with ZlpForm7w by RE FormsNet, LLC 1 SM Fifteen We Road, Clinton Township, MWdpn 46035 www.zWorm.com Page 13 EXECUTED to be effective as of the Effective Date. SELLER John Hampton Rattan By: (Signature) Name: John H. Rattan Title: By: (Signature) Name: Title: Tax LD. No: Date of Execution: PURCHASER: City of Anna By: (Signature) Name: Title: By: (Signature) Name: Title: Tax I.D. No: Date of Execution: PRINCIPAL BROKER: AM Scott Real Estate, COOPERATING BROKER: N/A Inc. By: (Signature) Name: Thad Helsley Title: President Address: 1650 W. Virginia, Suite 102 McKinney. Texas 75069 Telephone: Fax: 972-977-5389 By: (Signature) Name: Title: Address: Telephone: Fax: Email: thad@amsrealestate.net Email: TREC License No.: TREC License No.: ®Copyright zoos NTCAR — Form No. 1(3/05) Page 14 Produced with ZdpForm'm by RE FonnsNet, LLC 18025 Fifteen Mile Road, Clinton Township, Michigan 48035 wwwjk t n.00m TITLE COMPANY RECEIPT; The Title Company acknowledges receipt of this Contract on (the Effective Date) and, upon receipt of the Earnest Money, accepts the Earnest Money subject to the terms and conditions set forth in this Contract. TITLE COMPANY: Reunion Title Compariy By: (Signature) Name: Loretta Boddy Title: Address: 1700 Redbud, Suite 300 McKinney, Texas 75069 Telephone: 214-544-4000 Fax: Email: lboddy@reuniontitle.can PERMISSION TO USE. This form is provided for use by members of the North Texas Commercial Association of Realtors, Ina rNRrAR") and members of the North Texas Commercial Association of Real Estate Profesatonals. Inc Permission is given to make limited copies of the current version of this form far use hi a particular Texas real estate transaction. Please contact the NT SCAR qfflce to come you are using the current vermon of this form Mw peon, or reproduction for resale, is not allowed without express permission Any cha?Vs to this form must be made in a manner that is obvious. Ifany words are deleted they must be IV? in the form w11h a line drawn through them. SeHer's Initials Purchaser's Initials ®Copyright 2005 NTCAR — Form No. 1(3/05) Page 15 Produced with ZipFormrd by RE FormsFlet, LLC 18025 Fifteen Mile Road, Clinton Township, Michigan 48035 www.zlnfonn.osm 1 was EXHIBIT "B" In the event that any tern or condition contained within this Exhibit "B" shall be in conflict with any terms or conditions Within the main body of the Contract then the terms and conditions within Exhibit `B" shall apply and control over those in the Contract. 1. Feasibility/Inspection Period: Seller agrees that Purchaser, its agents, contractors and/or employees, shall have a period of thirty (30) days after the date of execution hereof, to enter upon the Property for purpose of conducting the inspections and tests deemed necessary by Purchaser including but not limited to inspections of the property and all improvements. Said inspections shall be for the purpose of determining the environmental condition and the economical feasibility of the property. Purchaser shall also during the inspection period make application to permit the subject property in a manner acceptable to the Purchaser for Purchaser's intended use. However, the receipt of needed permits by the Purchaser shall not be a contingency to this contract. In the event that the Purchaser shall determine in its sole judgment that the property is not environmentally or economically sound, Purchaser shall have the right to terminate this Contract by written notice to Seller, postmarked on or before the expiration of the said thirty (30) day period, and in the event of such termination, and upon the return of the earnest money deposit, neither party shall have any further obligation one to the other. Seller shall retain the one hundred and no/100 dollar ($100.00) option fee, as described herein, as consideration. 2. The Property shall be used by the Purchaser for development, construction, maintenance, operation, use, and repair of the Hurricane Creek Waste Water Treatment Plant (the "W WTP") and no other. Access to the W WTP shall be restricted to City personnel, City contractors, inspectors, and consultants, and other visitors necessary for the operations and maintenance of the W WTP only and shall not allow access to the general public for any reason" such as recycling or other public uses that would create traffic, parking or other related issues not incidental to the operations and maintenance of the W WTP. In the event that the use of the property as a wastewater treatment plant is at any time in the future permanently abandoned then the Purchaser and/or its assigns may only use the Property for open space or park purposes. Any future park on the Property shall be designed to coordinate with park and open space developed on the Sellers remaining property. 3. The Purchaser and/or its Assigns shall maintain the site and operation of the waste water treatment plant in a clean, safe and odor free condition at all times. Odor associated with the operation of the plant shall not be allowed to permeate beyond the boundaries of the subject property. Should odor at anytime begin to leave the site then the City of Anna shall take all steps available to curtail odor from leaving the site regardless of costs. 4. Purchaser shall maintain a 50 foot buffer, within the subject property, along the entire north boundary and east boundary of the subject property. The existing trees within the 50 foot buffer shall remain as they exist prior to closing and this required buffer shall survive the closing. 5. Purchaser shall enclose the entire waste water treatment facilities within a security fence. Purchaser shall immediately repair all existing cattle fencing that is damaged during the inspection, feasibility, construction and operation of the waste water treatment plant and the associated outfall and collection mains assuring that the Seller's cattle are always secure. This obligation shall survive the closing. 6. In addition to the conveyance of the subject 28.096 acres to the Purchaser the Seller shall also execute and dedicate the "Permanent Sanitary Sewer Easement" attached hereto (Exhibit "D") and the 100 foot Outfall Line Easement as shown on Exhibit "A". 7. Purchaser shall construct a 15" sanitary sewer main from the Hurricane Creek Sewer facility to the north tine of the subject property, in a fashion allowing the Seller to connect to said main, for the purpose of providing sanitary sewer collection and adequate capacity for the future full development of the Seller's remaining property. The location of the termination of the 15" sewer main shall be determined by the Seller. The Seller shall also be provided with access to and the ability to connect to the sewer main to be located and constructed within the Permanent Sanitary Sewer Easement attached hereto. 8. The Purchaser shall construct and install a re -use water main, connection and pump station from the waste water treatment plant to the north line of the subject 28.096 acre property in a location to be approved by the Seller. Said re -use water main shall provide to Seller the ability to connect to and reuse effluent discharge from the waste water treatment facility through a re -use water system to be used for irrigation, to maintain pond features and other appropriate uses within the development of Seller's remaining property which will be developed by the Seller and/or Seller's Assigns in the future. The re -use water main and pumping system will be sized and located in a location to be determined by Seller and Seller's master plan. The right to the effluent water by the Seller as described herein shall be assignable by the Seller to future owners of all or part of the Seller's remaining property. 9. The Seller is selling the subject property As -Is and Where -Is and with all faults. Seller makes no warranties or representations as to the condition, usability, environmental condition or any other condition of the subject property. Purchaser shall rely solely on its own studies, test and inspections to determine all aspects as to the condition of the subject property. Additionally, Exhibit "C", "As Is Sale" is attached hereto and made a part hereof for all purposes, the terms of Exhibit "C" shall survive the closing. 10. Purchaser will provide and execute the necessary easement(s) for water drainage/storm water runoff from Seller's remaining property onto and across the subject 28.096 acre tract. 11. If the final date of any period falls upon a Saturday, Sunday or legal holiday under the laws of the State of Texas (when the offices of the Title Company are closed), then in such event the time of such period shall be extended to the next day which is not a Saturday, Sunday or legal holiday under the laws of the State of Texas. The term "date of this Contract" as used herein shall mean the last day, month and year written on the signature page hereof which shall be the date of final execution and agreement by all parties hereto. 12. All parties involved herein, including the buyer, seller, title company and any agents, employees and/or contractors of the same that will have knowledge of the terms of this contract hereby agree not to disclose any of the said terms and conditions to any other party or entity at any time before, during or after the closing of the Contract of Sale, except as required by law. Purchaser: Seller. AS IS SALE THE SPECIAL WARRANTY OECD EXECUTED AT CLOSING SMALL CONTAIN THE FOLLOWING OAS IS" PROVISION: SELLER AND PURCHASER AGREE THAT PURCHASER IS TAKING THE PROPERTY OAS -IS" WITH ANY AND ALL LATENT AND PATENT DEFECTS AND THAT THERE IS NO WARRANTY BY SELLER THAT THE PROPERTY IS FOR A PARTICULAR PURPOSE. PURCHASER ACKNOWLEDGES THAT IT IS NOT RELYING UPON THE ACCURACY OR COMPLETENESS OF ANY REPRESENTATION, BROCIiURE, RENDERING, PROMISE, STATEMENT OR OTHER ASSERTtQN OR INFORMATION WITH RESPECT TO THE PROPERTY MADE OR FURNISHED BY OR ON BEHALF OF.OR OTHERWISE ATTRIBUTED T0l SELLER OR ANY OF SELLER'S AGENTS, EMPLOYEES OR REPRESENTATIVES, ANY AND ALL SUCH RELIANCE BEING HEREBY EXPRESSLY AND UNEQUIVOCALLY DISCLAIMED, BUT IS RELYING SOLELYAND-EXCLUSIVELYUPON ITS OWN EXPERIENCEAND'TTS INDEPENDENT JUDGMENT, EVALUATION AND EXAMINATION OF THE PROPERTY. PURCHASER FURTHER UNEQUIVOCALLY DISCLAIMS (1) THE EXISTENCE OF ANY DUTY TO DISCLOSE ON THE PART OF SELLER OR ANY OF SELLER'S AGENTS, EMPLOYEES OR REPRESENTATM AND (11) ANY RELIANCE BY PURCHASER ON THE REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS CQNTRAtM CAR THE SILENCE OR THE SILENCE OR ANY ALLEGED NONDISCLOSURE OF SELLER OR ANY OF SELLER'S AGENTS, EMPLOYEES OR REPRESENTATIVES. PURCHASER TAKES THE PROPERTY UNDER THE EXPRESS UNDERSTANDING THAT THERE ARE NO EXPRESS OR IMPLIED WARRANTIES JEXCEPT FOR LIMITED WARRANTIES OF TITLE SET FORTH IN THE CLOSING DOCUMENTS). PURCHASER EXPRESSLY WARRANTS AND REPRESENTS THAT NO PROMISE OR AGREEMENT WHICH IS NOT HEREIN EXPRESSD HAS SEEN MADE TO IT AND HEREBY DISCLAIMS ANY RELIANCE UPON ANY SUCH ALLEGED PROMISE OR AGREEMENT. THIS CONTRACT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PAILTIES. THIS PROVISION WAS FREELY NEGOTIATED AND PLAYED AN IMPORTANT PART IN THE BARGAINING PROCESS FOR THIS CONTRACT. PURCHASER HAS AGREED TO DISCLAIM RELIANCE ON SELLER ANDTQ ACCEPT THE PROPERTY "AS-1S" WITH fULL AWARENESS THAT THE PROPERTY`S PRIOR USES OR OTHER MATTERS COULD AFFECT ITS CONDMON, VALUE, SUITABILITY OR FITNESS; AND PURCHASER CONFIRMS THAT PURCHASER IS HEREBY ASSUMING ALL RISK ASSOCIATED THEREWITH. PURCHASER UNDERSTANDS THATTHE DISCLAIMERS OF RELIANCE AND OTHER PROVISIONS CONTAINED HEREIN COULD LIMIT ANY LEGAL RECOURSE OR REMEDY PURCHASER OTHERWISE MIGHT HAVE. PURCHASER ACKNOWLEDGES THAT IT HAS SOUGHT AND HAS RELIED UPON THE ADVICE OF ITS OWN LEGAL COUNSEL CONCERNING THIS PROVISION. PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE CLOSING AND SHALL. NOT MERGE. Exhibit "D" "Permanent Sanitary Sewer Easement" (to be executed by Seller at closing) PERMANENT SANITARY SEWER EASEMENT KNOW ALL MEN BY THESE PRESENTS, that John Hampton Rattan, (hereinafter called "Grantor"), in consideration of one dollar ($1.00) and other good and valuable consideration paid by the City of Anna, Texas, (hereinafter called "Grantee"), the receipt and sufficiency of which is hereby acknowledged, do hereby grant, bargain, sell, transfer, and convey to said Grantee, its successors, and assigns, a perpetual easement with the right to erect, install, construct, and lay and thereafter use, operate, inspect, repair, maintain, replace, and remove sanitary sewer lines and appurtenances in and through Grantors' land, a had of land for Permanent Sanitary Sewer Easement 40-foot width and being under, over and across Tract 4 in the H.T. Chenoweth Survey, Abstract 158, Collin County, Texas, a called 106.488 acre tract conveyed to John Hampton Rattan by deed recorded in Instrument Number 19960829000742040 of the Deed Records of Collin County, Texas (D.R.C.C.T.) together with the right of ingress and egress over Grantors' adjacent lands for the purpose for which the above mentioned rights are granted. The easement hereby granted shall be a 106,738 square foot sanitary sewer easement, being more particularly described in Easement Exhibit "A", attached hereto and made an integral part of this easement. There is also hereby granted a temporary construction easement 40 feet in width being more particularly described in Easement Exhibit "A' ; attached hereto and made an integral part of this easement, for the purpose of constructing a sanitary sewer line and appurtenances, the term of which temporary construction easement to end when construction of same is completed but not later than one year after the date of execution of this document, as acknowledged below. The consideration recited herein shall constitute payment in full for all damages sustained by Grantor by reason of the installation of the structures referred to herein and the Grantee will maintain such easement in a state of good repair and efficiency so that no unreasonable damages will result from its use to Grantor's premises. This Agreement together with other provisions of this grant shall constitute a covenant running with the land for the benefit of the Grantee, its successors, and assigns. The Grantors covenant that they are the owners of the above described lands and that said lands are free and clear of all encumbrances and liens except the following: IN WITNESS WHEREOF the said Grantor(s) has1have executed this instrument this day of 2022. John Hampton Rattan By Print Name: ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared known to me to be the person (s) whose name (s) is (are) subscribed to the foregoing instrument, and acknowledged to me that he (she) (they) executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE day of , 2022. (Seal) Notary Public, State of Texas John Hampton Rattan 0206/2019 EXHIBIT "A" FIELD NOTE DESCRIPTION PERMANENT SANITARY SEWER EASEMENT CITY OF ANNA, TEXAS Parcel No 13 City OfAnna Being a tract of land far Permanent Sanitary Sewer Easement 40-foot width and being under, over and across Tract 4 in the H.T. Chenoweth .Survey, Abstract I58, Collin County, Texas, a called 106ASS acre tract conveyed to John Hampton Rattan by deed recorded in instrument Number 19960829000742040 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 40400t wide Permanent Sanitary Sewer Easement being more particularly described as follows; BEGINNING at a point for corner, said point being on an established fence line, on the north property line of said 106.488 acre Rattan tract and being on the south property lime of Tract 3 in the H.T. Chenoweth Survey, Abstract 158, Collin County, Texas, a called 101 acre tract conveyed to MJLA Adams, LTD. by deed recorded in Instrument Number 2011050S000462S70 of the D.R.C.C.T., said point bearing 28033S V W, a distance of 3,184.16 feet from a 112--inch iron rod found on the centerline of County Road 286 (an established east -west gravel road}, on the northeast property comer of Tract 4 in the Bastain Oliver Survey, Abstract 677, Collin County, Texas, a called 40.00 acre tract conveyed to R&D Aycock, LTD by deed recorded in Instrument Number 200202130002315070 of the D.R.C.C.T., the northwest property corner of Tract 3 in the Bastain Oliver Survey, Abstract 677, Collin County, Texas, a called 62AO acre tract conveyed to Pansy Family Limited Partnership by deed recorded in instrument Number 19971001600829130 of the D.R.C.C.T., and the south property line of Tract 2 in the Bastain Oliver Survey, Abstract 677, Collin County, Texas, a called 56.00 acre tract conveyed to John Rattan & Estate of Dow & Sue Rattan c/o John Rattan by deed recorded in Instrument Number 2009091SO01153020 of the D.R.C.C.T., said point also bearing S 17018'34" W, a distance of 1,076.87 feet from a 1/2--Inch iron rod found on an easterly interior property corner of Tract 19 in the H.T. Chenoweth Survey, Abstract i 58, Collin County, Texas, a called 204.371 acre tract conveyed to Twin Rivers Estates, U.C. by deed recorded in Instrument Number 20090229000243760 of the D.R.C.C.T., and the southwest property comer of Tract 2 in the H.T. Chenoweth Survey, Abstract 1 S8, Collin County, Texas, a called 216.801 acre tract conveyed to Verla Sue Holland & Maurine Dickey by deed recorded in Instrument Number 19950216000110690 of the D.R.C.C.T.; THENCE, S 50,000412 W, departing the common property line of said 106ASS acre Rattan tract and said 101 acre MJLA tract, a distance of 19.12 feet to a point for comer, THENCE, S 7201 W53" W, a distance of 996.03 feet to a point for corner, THENCE, S 220471320 W, a distance of 301.73 feet to a point for comer, THENCE, S 51006102" E. a distance of 915.75 feet to a point for comer, THENCE, S 2500021" E, a distance of 40S.96 feet to a point for corner, THENCE, S 01051'13" E, a distance of 200.01 feet do a point for comer, THENCE, S 44005'40" 13 a distance of 169.18 feet to a point for corner, said point being on an established fence lute, on the south property line of said 106ASS acre Rattan tract and the north property line of said 56.00 acre Rattan tract; s.�u��1, aM&334j=AT=== Pqe l oj3 John Hampton Rallan Parcel No 13 0212612019 city ofAina EXHIBIT "A" THENCE, N 89°3T48" W, along said fence line and said common property line, a distance of 56.13 feet to a point for corner; THENCE, N 4400S'40" W. departing said fence line and common property line, a distance or 144.25 feet to a point for corner TIaGNCE, N 01051113" W, a distance of 207.27 !'bet to a point for corner THENCE, N 25"00'2I" W, a distance of 388.50 feet to a point for corncr THENCE, N 51 °06'02" W, a distance of 926.15 feet to a point 1'or corner THENCE, N 22-47-32" L', a distance of 348.50 feet to a point for corner THENCE, N 72° 10'53" E, a distance of 967.28 feet to a point for corner, said point being on said fence line on said common property line orsaid 106.488 acre Rattan tract and said 101 acre MJLA tract; THENCE, S 87"04'49" E'-, along said funcu line and said common property line, a distance of 64.43 foot to the POINT OF BEGINNING, said 40-foot Permanent Sanitary Sewer Easement containing 2.450 acres (106,738 square feet) of land, more or less. Also a 40-Foot wide temporary construction easement being immediately adjacent to and parallel with the easterly legs of the above described Permanent Sanitary Sewer Easement and containing 2.763 acres (120,375 square feet) of land, more or less. Notes: I. Bearings and distances cited in this field note description are based on the Texas State Plane Coordinate System, NAD-83, Texas North Central Zone 4202, 2. Field survey concluded on 1212712018. 3. An Easement Plat of even date herewith accompanies this Field Note Description. Gary C. Hendricks, P.E., R.P.L.S. Texas Registration No. 5073 Birkhoff, Hendricks & Carter, L.L.P. TBPLS Firm No. 100318-00 11910 Greenville Ave., Suite 600 Dallas, Texas 75243 E-13 5073 It ft0'M.M161481kdk ftC"d ssdme AVwa"mml AY,`J)curigem'�?ISIJHPuW 13 de, Page 2 of 3 I H.T. CHENOWETH I SURVEY R ABSTRACT 158 II R I EAST FORK TRINITY COWN COUNTY, TX RIVER N5f'0602w926. ABS7. sn 40' PERA4WENT szz•4732wJ I S4N!lARY SEWER EASEMEW 301.73' 2450 ACRES S51'06 02E (106,738 S.F.) 915.75' RWAIN OUVER S72.10331V SURVEY ABSTRACT 677 N25.0021 w N44'05'40N/ 996.03' Cowl Cower. Tx. 14425' 388.50' N0151 '13IV /VRARY d Zo72r CONSWRUC770N EASEilEN1 2.763 ACRES' (120,375 SF,) l N89'32 4B SV I 56.13' e W �KKe<o w�Sa Gam •�� z �„S zd u• o r„q,' Ka�rc$ I. o i$�C r2 1� 348.50' EXHIBIT "A" PAGE 3 OF 3 / `-HURRICANE CREEK s01'51.13E 405.96'JOHN HAMPtON RATTAN 200.01' TRACT 4, ABST. 158 $44'O5'402' CALLED 106.488 ACRES S50'O6J4k'_� 19.12 168.18' INST. NO. 19960829000742040 NOTES; 1. BEARMS AND DISTANCES CITED 01 THIS PUT DESCRIPTION ARE EASED W THE TEYAS STATE PLANE COORDINATE 'YSTEN, HAD-63, TEXAS NORM CENTRAL ZONE 4202. 2. FIELD SLRVEYS CONCLUDED ON 12/27/2010. 3. A FIELD WIT NOTE DESCRIPTION OF EVEN DATE HEREWITH ACCONPAVIES THIS E%HI9D. 967.2B' THAN RINERS ESTATES LLC / (TRACT 19, ABST. 158) CALLED 204.371 ACRES INST. NO. 20080229000243760 f I 58704 49 E• REFERENCE BEARING / �S17-18'3'r %V - 1.076.87' ass \Nl%G L,,,:A,�o 570TpAc 41 I i R.F� / I B£G/NN/NG 1/2" I.R.F-� PARCEL NO. 13 PEE OF TF+ CITY OF ANNA, TEXAS f �.... '7F'• 9 ;� JOHN HAMPTON RATTAN GhF1' CLINiO'1 HENDRICKS PERMANENT SANITARY SEWER EASEMENT o Sod .........soi3......... <'7 oF=ss1O?? pe BIRKHOFF� HENDRICKS & CARTER, L.L.P. A{( ti0..%....... ES E~ PROFSIONAL ENGINEERS FEB i INCH = 300 FEET �G•� "Y �G� SUflJ'TBPEFimNo. 526jul-SFimNo. IC031800 n l2019 1191UGrc.-Ie Av,.Suim6W IAIls, 1'ec�s 75243 (214)361.7908 c .iYiiliil� r+7 n� F MAl nrrO • '-y— P _ ' P�.(•.� u.T+�'� • ma's'' a C�v! j ��■ -olfin County Outer -Loop , i I ypS: k. ,` 1 + .y +_' t i i� �;1 -1_.._._-- I � `'`�- �� �_`,-`��; '..•� • i .ate. �_- r—\�:� _ vl �"°�� i ,.�n1.mo�asf: t Ih ..e'�,`1 •v.. � � ,� �' �� '� Ali 'f - "n'm_'•{�,+:� e.axs e® snym m 0 p�yy 'P C�8�0 _•'•••�"•••"•••.�••.•••�•�`•.�••.�• TOPOORAPWC9IlINHY BASTh OLNSRMtR ABST (7NOAV w ��` "�+aa .w"•`. :. n`.`."+"-�r: ::.1.m.�... COLLiN 000N1'Y.TB%AS �y� ® North Te: _ _ Swvryieg LLC. ..raw rr �_�a." urwrr.r..�. VlYefr^CcvI V1A.+m PERMANENT SANITARY SEWER EASEMENT KNOW ALL MEN BY THESE PRESENTS, that John Hampton Rattan, (hereinafter called "Grantor"), in consideration of one dollar ($1.00) and other good and valuable consideration paid by the City of Anna, Texas, (hereinafter called "Grantee"), the receipt and sufficiency of which is hereby acknowledged, do hereby grant, bargain, sell, transfer, and convey to said Grantee, its successors, and assigns, a perpetual easement with the right to erect, install, construct, and lay and thereafter use, operate, inspect, repair, maintain, replace, and remove sanitary sewer lines and appurtenances in and through Grantors' land, a tract of land for Permanent Sanitary Sewer Easement 40-foot width and being under, over and across Tract 4 in the H.T. Chenoweth Survey, Abstract 158, Collin County, Texas, a called 106.488 acre tract conveyed to John Hampton Rattan by deed recorded in Instrument Number 19960829000742040 of the Deed Records of Collin County, Texas (D.R.C.C.T.) together with the right of ingress and egress over Grantors' adjacent lands for the purpose for which the above mentioned rights are granted. The easement hereby granted shall be a 106,738 square foot sanitary sewer easement, being more particularly described in Easement Exhibit "A", attached hereto and made an integral part of this easement. There is also hereby granted a temporary construction easement 40 feet in width being more particularly described in Easement Exhibit "A", attached hereto and made an integral part of this easement, for the purpose of constructing a sanitary sewer line and appurtenances, the term of which temporary construction easement to end when construction of same is completed but not later than one year after the date of execution of this document, as acknowledged below. The consideration recited herein shall constitute payment in full for all damages sustained by Grantor by reason of the installation of the structures referred to herein and the Grantee will maintain such easement in a state of good repair and efficiency so that no unreasonable damages will result from its use to Grantor's premises. This Agreement together with other provisions of this grant shall constitute a covenant running with the land for the benefit of the Grantee, its successors, and assigns. The Grantors covenant that they are the owners of the above described lands and that said lands are free and clear of all encumbrances and liens except the following: IN WITNESS WHEREOF the said Grantor(s) hasthave executed this instrument this day of , 2022. John Hampton Rattan By: Print Name: ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared known to me to be the person (s) whose name (s) is (are) subscribed to the foregoing instrument, and acknowledged to me that he (she) (they) executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE day of , 2022. (Seal) Notary Public, State of Texas John Hampton Rattan 02026,2019 EXHIBIT "A" FIELD NOTE DESCRIPTION PERMANENT SANITARY SEWER EASEMENT CITY OF ANNA, TEXAS Parcel No 13 City ojAnna Being a tract of land for Permanent Sanitary Sewer Easement 40-foot width and being under, over and across Tract 4 in the H.T. Chenoweth Survey, Abstract 159, Collin County, Texas, a called 106ASS acre tract conveyed to John Hampton Rattan by deed recorded in Instrument Number 19960829000742040 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 40-foot wide Permanent Sanitary Sewer Easement being more particularly described as follows; BEGINNING at a point for comer, said point being on an established fence line, on the north property line of said 106ABB acre Rattan tract and being on the south property line of Tract 3 in the H.T. Chenoweth Survey, Abstract 158, Collin County, Texas, a called 101 acre tract conveyed to MJLA Adams, LTD. by deed recorded in Instrument Number 20110505000462570 of the D.R.C.C.T., said point bearing N 28°3351" W, a distance of 3,184.16 feet from a I/2--inch iron rod found on the centerline of County Road 286 (an established east -west gravel road), on the northeast properly corner of Tract 4 in the Bastain Oliver Survey, Abstract 677, Collin County, Texas, a called 40.00 acre tract conveyed to R&D Aycock, LTD by deed recorded in Instrument Number 200202130002315070 of the D.R.C.C.T., the northwest property corner of Tract 3 in the Bastain Oliver Survey, Abstract 677, Collin County, Texas, a called 62.40 acre tract conveyed to Pansy Family Limited Partnership by deed recorded in Instrument Number 19971001000829130 of the D.R.C.C.T., and the south property line of Tract 2 in the Bastain Oliver Survey, Abstract 677, Collin County, Texas, a called 56.00 acre tract conveyed to John Rattan & Estate of Dow & Sue Rattan c/o John Rattan by deed recorded in Instrument Number 20090915001153020 of the D.R.C.C.T., said point also bearing S 17° 18'34" W. a distance of 1,076.87 feet from a 1/2-inch iron rod found on an easterly interior property corner of Tract I9 in the H.T. Chenoweth Survey, Abstract 159, Collin County, Texas, a called 204.371 acre tract conveyed to Twin Rivers Estates, LLC. by deed recorded in Instrument Number 20080229000243760 of the D.R.C.C.T., and the southwest property corner of Tract 2 in the H.T. Chenoweth Survey, Abstract 158, Collin County, Texas, a called 216.801 acre tract conveyed to Verla Sue Holland & Maurine Dickey by deed recorded in Instrument Number 19950216000110690 of the D.R.C.C.T.; THENCE, S 501106134" W, departing the common property line of said 106.499 acre Rattan tract and said 101 acre MJLA tract, a distance of 19.12 feet to a point for corner, THENCE, S 720103" W, a distance of 996.03 feet to a point for corner; THENCE, S 22°4732" W, a distance of 301.73 feet to a point for corner, THENCE, S 51°06'02" E, a distance of 915.75 feet to a point for corner, THENCE, S 25°00'21" E, a distance of 405.96 feet to a point for corner, THENCE, S 01*51'l3' E, a distance of 200.01 feet to a point for corner, THENCE, S 44°05'40" E, a distance of I68.18 feet to a point for corner, said point being on an established fence line, on the south property line of said 106.488 acre Rattan tract and the north property line of said 56.00 acre Rattan tract; s�1IIe+II !{arrtaoo that S4•ttae AtSnc=w - — Ina o18HII Aoacd a.doe Par ! aJ3 Jahn Hampton Rallan Parcel No 13 0212612019 City of Anna EXHIBIT "A" THENCE, N 89°32'48" W, along said fence line and said common property line, a distance of 56.13 feet to a point for corner; THENCE, N 44°05'40" W, departing said fence line and common property line, a distance of 144.25 feet to a point for corner THENCE, N 01051' 13" W, a distance of 207.27 feet to a point for corner THENCE, N 25.00-21 " W, a distance of 388.50 feet to a point for corner THENCE, N 51-06-02" W, a distance of 926.15 feet to a point for come] - THENCE, N 22-47-32" E, a distance of 348.50 feet to a point for comer THENCE, N 72-10'53" E, a distance of 967.28 feet to a point for corner, said point being on said fence line on said common property line of said 106.488 acre Rattan tract and said 101 acre MJLA tract; THENCE, S 87-04-49" E, along said fence line and said common property line, a distance of 64.43 feet to the POINT OF BEGINNING, said 40-Foot Permanent Sanitary Sewer Easement containing 2.450 acres (106,738 square feet) of land, more or less. Also a 40-foot wide temporary construction easement being immediately adjacent to and parallel with the easterly legs of the above described Permanent Sanitary Sewer Easement and containing 2.763 acres (120,375 square feet) of land, more or less. Notes: I. Bearings and distances cited in this field note description are based on the Texas State Plane Coordinate System, NAD-83, Texas North Central Zone 4202. 2. Field survey concluded on 12/27/2018. 3. An Easement Plat of even date herewith accompanies this Field Note Description. Gary C. Hendricks, P.E., R.P.L.S. 4�••� •• .l,F Texas Registration No. 5073 (��A Birkhoff, Hendricks & Carter, L.L.P.......TBPLS Firm No. 100318-00 CLIN11910 Greenville Ave., Suite 600 o5073Dallas, Texas 75243 Irlprdecu\Amo\LU18WB Ilumw� CrtcA SSdirc r\Viumm\ INai,Vkserip�ion�@018W8 Artd 13 dev Page 2 of H.T. CRVEY IH �� N224732E EXHIBIT "A" SURVEY R \ 348.50' PAGE 3 OF 3 J � � ABSTRACT 158 1 COWN COUNTY, TX `—EAST FORK TRINITY RIVER N51-0602'W \ 926.15' / \—HURRICANE CREEK ABST. en I 40' PERMANENT S22'47J2W R SANITARY SEWER EASEMENT JO1.73' 2.450 ACRES S51'0602 E (106,738 S.F.) 915.75' N727053E R I 967.28' 86TA7N OWER E SUS. S72'10531Y N25'0021W ABSTRACT COUNTY, N44'05'40W 996.03' d COWN COUNtt, >x. 74425' 388.50' TWIN RIVERS ESTATES LLC N01'57'1319 40 TEMPORARY / (TRACT 19. ABST. 158) CONS7RUC770N EASEMENT CALLED c0 zoa.371 ACRES 20727' INST. LL 2004.371 ACRES 60 2.763 ACRES (120,375 S.F.) N 405.96' I S87*04 49 E u SOf 51'13E 64.43' 2o0.or' JOHN HAMPTON RATTAN N8932487W I (TRACT 4, ABST. 158) S50'0634W REFERENCE BEARING m 56.73' 54405'40E CALLED 106.488 ACRES 19.12' \ / S77'78.34"W - 7,076.87' 168.1&' INST. N0. 19960829000742040 o1 0 o G \ `o MJLA ADAMS, ETD. (TRACT 3, CALLED 101 01 ACRES ��,� qm R�FE��.t\ � INST. N0. 20110505000462570 i =-�,m a U o / J28 I 1/21 POINT OF I.R.F a C I BEGI)VIV m 7/2" I.R.F i v PARCEL NO. I >n \ �F OF Tc r CITY OF ANNA, TEXAS NOTES: 1. BEARMS AND DISTANCES COED IN THIS PLAT DESCRIPTION ARE BASED ON THE TT31AS STATE PLANE COORDINATE SYSTEM, NAD-83, TEYAS NORTH CENTRAL ZONE 4202. 2. FIELD SURVEYS CONCLUDED ON 12/27/2018. 3. A FIELD NOTE DESCRIPTON OF EVEN DATE HEREWITH ACCOMPANIES THIS EXHIBIT. 1 INCH = JOHN HAMPTON RATTAN GARY CLIflTOi: NEIJUPICK6 ................_.... PERMANENT SANITARY SEWER EASEMENT ( 0 5073 �FE551Q' --'z- O ..... . BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS 1'BPE Tim No. 526;'CDPLS Firm No. 10031800 11910Greenvillc Ave., Suite 600 D311:s,'I'm575243 (214)361-7900 FEB 201 C PERMANENT SANITARY SEWER EASEMENT KNOW ALL MEN BY THESE PRESENTS, that John Rattan & Estate of Dow & Sue Rattan c/o John Rattan, (hereinafter called "Grantors'J, in consideration of one dollar ($1.00) and other good and valuable consideration paid by the City of Anna, Texas, (hereinafter called "Grantee"), the receipt and sufficiency of which is hereby acknowledged, do hereby grant, bargain, sell, transfer, and convey to said Grantee, its successors, and assigns, a perpetual easement with the right to erect, install, construct, and lay and thereafter use, operate, inspect, repair, maintain, replace, and remove sanitary sewer lines and appurtenances in and through Grantors' land, a tract of land for Permanent Sanitary Sewer Easement 40-foot width and being under, over and across Tract 2 in the Bastain Oliver Survey, Abstract 667, Collin County, Texas, a called 56.00 acre tract conveyed to John Rattan & Estate of Dow & Sue Rattan c/o John Rattan by deed recorded in Instrument Number 20090915001153020 of the Deed Records of Collin County, Texas (D.R.C.C.T.) together with the right of ingress and egress over Grantors' adjacent lands for the purpose for which the above mentioned rights are granted. The easement hereby granted shall be a 39,845 square foot sanitary sewer easement, being more particularly described in Easement Exhibit "A", attached hereto and made an integral part of this easement. There is also hereby granted a temporary construction easement 40 feet in width being more particularly described in Easement Exhibit "A", attached hereto and made an integral part of this easement, for the purpose of constructing a sanitary sewer line and appurtenances, the term of which temporary construction easement to end when construction of same is completed but not later than one year after the date of execution of this document, as acknowledged below. The consideration recited herein shall constitute payment in full for all damages sustained by Grantors by reason of the installation of the structures referred to herein and the Grantee will maintain such easement in a state of good repair and efficiency so that no unreasonable damages will result from its use to Grantors' premises. This Agreement together with other provisions of this grant shall constitute a covenant running with the land for the benefit of the Grantee, its successors, and assigns. The Grantors covenant that they are the owners of the above described lands and that said lands are free and clear of all encumbrances and liens except the following: IN WITNESS WHEREOF the said Grantor(s) has/have executed this instrument this day of 2022. John Rattan & Estate of Dow & Sue Rattan do John Rattan By: Print Name: ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared known to me to be the person (s) whose name (s) is (are) subscribed to the foregoing instrument, and acknowledged to me that he (she) (they) executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE day of , 2022. Notary Public, State of Texas John Rattan & Estate of Dow & Sue Rattan do John Rattan Parcel No 12 0212612019 City of Anna EXHIBIT "All FIELD NOTE DESCRIPTION PERMANENT SANITARY SEWER EASEMENT CITY OF ANNA, TEXAS Being a tract of land for Permanent Sanitary Sewer Easement 40-foot width and being under, over and across Tract 2 in the Bastain Oliver Survey, Abstract 677, Collin County, Texas, a called 56.00 acre tract conveyed to John Rattan & Estate of Dow & Sue Rattan clo John Rattan by deed recorded in Instrument Number 20090915001153020 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 40-foot wide Permanent Sanitary Sewer Easement being more particularly described as follows; BEGINNING at a point far corner, said point being on the centerline of County Road 286 (an established east - west gravel road) on the south property line of said 56.00 acre Rattan tract and being on the north property line of Tract 4 in the Bastain Oliver Survey, Abstract 677, Collin County, Texas, a called 40.00 acre tract conveyed to R&D Aycock, LTD. by deed recorded in Instrument Number 200202130002315070 of the D.R.C.C.T., said point bearing N 99046110" W, along the centerline of said County Road 286, a distance of 1,453.73 feet from a U2-inch iron rod found on said centerline of County Road 286, on the northeast property comer of said 40.00 acre Aycock tract, the northwest property corner of Tract 3 in the Bastain Oliver Survey, Abstract 677, Collin County, Texas, a called 62.40 acre tract conveyed to Pansy Family Limited Partnership by deed recorded in Instrument Number 19971001000829130 of the D.R.C.C.T., and the south property line of said 56.00 acre Rattan tract, said point also bearing N 6S*W43" W, a distance of 4,727.87 feet from a 1/2- inch iron rod found on the southeast property corner of said 99.10 acre Pansy tract, the northeast property corner of Tract 8 in the Bastain Oliver Survey, Abstract 677, Collin County, Texas, a called 5.0 acre tract conveyed to John'P. Walden by deed recorded in document not found and the west property line of Tract 9 in the W.E. Throckmorton Survey, Abstract 898, Collin County, Texas, a called 60.0 acre tract conveyed to John P. Walden by deed recorded in document not found; THENCE, N 89°4&10" W. along said centerline of County Road 286 and the common property line of said 56.00 acre Rattan tract and said 40.00 acre Aycock tract, a distance of 41,47 feet to a point for corner; THENCE, N 15005106" W, departing said centerline of County Road 286 and said common property line, a distance of 6.43 feet to a point for corner; THENCE, N 00°52'51" IF, a distance of 755.34 feet to a point for corner; THENCE, N 44°OY40" W, a distance of 237.68 feet to a point for comer, said point being on an establish fence line and on the common property line of said 56.00 acre Rattan tract and Tract 4 in the H.T. Chenoweth Survey, Abstract 158, Collin County, Texas, a called 106A88 acre tract conveyed to John Hampton Rattan by deed recorded in Instrument Number 19960829000742040 of the D.R.C.C.T.; THENCE, S 8903248" E, along said fence line and said common property line, a distance of 56.13 feet to a point for comer, THENCE, S 44005140" E. departing said fence line and said common property line, a distance of 214.86 feet to a point for corner, n��xo�atseo�oa� ss,e�a am.�oaoet�o�xo�asa apt Itax Page 1 of 3 John Rattan & Estate ojDoiv & ,Sue Rattan c% John Rattan Parcel No 12 0212612019 City of Anna EXHIBIT "A" THENCE, S 00°52'51" W, a distance of 766.28 feet to a point for corner; THENCE, S 15-05-06" E, a distance of 11.78 feet to the POINT OF BEGINNING, said 40-foot Permanent Sanitary Sewer Easement containing 0.915 acres (39,845 square feet) of land, more or less. Also a 40-foot wide temporary construction easement being immediately adjacent to and parallel with the easterly legs of the above described Permanent Sanitary Sewer Easement and containing 0.909 acres (39,587 square feet) of land, more or less. Notes: I. Bearings and distances cited in this field note description are based on the Texas State Plane Coordinate System, NAD-83, Texas North Central Zone 4202. 2. Field survey concluded on 12/27/2018. 3. An Easement Plat of even date herewith accompanies this Field Note Description. Gary C. Hendricks, P.E., R.P.L.S. (�. Texas Registration No. 5073 Q-°%srr l y..Birkhoff, Hendricks &Carter, L.L.P. ............. TBPLS Firm No. 100318-00 GAHY CLINTON H ..................... 11910 Greenville Ave., Suite 600 A9 5073 Dallas, Texas 75243 9 °Fess�c LD SUR\ IV '' awm,moA=M181481maaac..aSS-Lm A�MUM) ttlpli 013141e ilea Pagel nj3 EXHIBIT "A" I PAGE 3 OF 3 JOHN HANPTON RATTAN (TRACT 4. ABST. 158) H.T. CHENOWETH I CALLED 106.488 ACRES SURVEY JOHN HAMPTON RATTAN INST. NO. 19960829000742040 ABSTRACT 158 (TRICE 7, ABSi. 158) S89'32'48 E COWN COUNTY, T)L CALLED 35.00 ACRES MST. NO. 19960829000742040 t56.Iasi. t58FWARREN S44.05'40EN44'O5'40'W214.86' a237.66' BASTAIN OLIVER SURVEY RINITY RIVER ,�' I0 ,1{q^/E'nlj ABSTRACT 677 Y, SW17ARY SEWER EASEMENT cowN couNn, Tx. / a915 ACRES > (39,845 S.F.) JOHN RATTAN & ESTATE OF E / S00'S25713 DOW & SUE RATTAN y I 76628' C/O JOHN RATTAN x.OBBINS AND �• 1EMPORfiRY �CT 2, ABST. 677) m WIFE, NARY E ROBBINS CN1ED 67.70 ACRES CONS7RUCAON EASEMENTCALLED 09091 ACRES INST. AcT199211040007836801. .1020)0.909 ACRES' INST. N0. 20090915001153020 N00'52 51 E R� 755.34' (i9,587 S.F.) E S15.0.506E 1/2" I.R.F 11.78' ---R R N89'46'10"W - 1.453.73 — REFERENCE BEARING R--- E I " N75'OS'0673' N6 0 FfRfNCe C.R. 286 LIMITED PARTNERSHIP § I 6.43' 43 �RiN CALLED 6240ACRES) 4 C INST. NO. 19971001000829130 e N8946'101V POINT e DEAN/OSWALDAND 41.47' BEG/NN/NG 6j WIFE CARROLL OSWALD \ g m ORACT ta, Aasr. 6771 1/2" I.R.F I CPLLED 46.5 ACRES R&D AYCOCK. LTD. � /r INST. N0. / NO. 2002021 3150)70 7 200DD8°8°°°�3370/ CALLED 40.00 A� I PARCEL NO, 12 Ir c�•0F,TE CITY OF ANNA, TEXAS IS TE -F,9 Nam; C r,; e JOHN RATTAN & ESTATE OF DOW & SUE RATTAN 1. BEARINGS AND DISTANCES CITED IN THIS PLAT :.... C/O JOHN RATTAN a DESCRIPTION ARE BASED ON THE TEXAS STATE 4 GABY CLINTON HENDR ...... i(5 PLANE COORDINATE SYSTElI, NAD-83. TEXAS o 30o PERMANENT SANITARY SEWER EASEMENT NORM CENTRAL ZONE 4202 /0 5073 MELDMELDz. D suRWErs CONCLUDED ON tz/v/2me. , (�'^hOr� 51oa?roe' BIItKHOPF, HENDRICKS &CARTER, L.L.P. FEB "I,II lV 1 y PROFESSIONAL.ENGINEERs 3. A FIELD NOTE DESCRIPTION OF EVEN DATE 1 INCH = 300 FEET SURv TBPE Firm No. 526; TBPLS Finn No. 10031800 2019 HEREWITH ACCOMPANIES THIS EXHIBIT. 119IOGmcn0IIc A"..Sukc6OD Dallm.Tacu75243 (214)361-79D0 Narrative Appraisal Report Sanitary Sewer Easement John H Rattan & Estate of Dow & Sue Rattan Anna, Collin County, Texas December 21, 2022 Prepared For Greg Peters, P.E. Director of Public Works City of Anna 120 W. 7th Street Anna, Texas 75409 Prepared By Michael W. Massey & Associates Real Estate Appraisers & Consultants 3104 St. Germain McKinney, Texas 75070 972-562-2829 972-562-4428 (fax) MICHAEL W. MASSEY & ASSOCIATES Real Estate Appraisers & Consultants December 21, 2022 Greg Peters, P.E. Director of Public Works City of Anna 120 W. 7th Street Anna, Texas 75409 Narrative Appraisal Report Sanitary Sewer Easement John H Rattan & Estate of Dow & Sue Rattan Anna, Collin County, Texas Dear Mr. Peters: We have inspected and appraised the property as described herein. Conditions pertinent to or indicative of the value of the property were investigated. Employment of the appraiser was not conditioned upon the appraisal producing a specific value or value within a given range. This report sets forth our findings and conclusions derived therefrom, together with various exhibits that are considered necessary to explain the processes followed in this appraisal. To the best of my knowledge, this appraisal is in conformance with the current appraisal requirements of the Appraisal Institute and the Appraisal Foundation's Uniform Standards of Professional Appraisal Practice. Also, this report conforms with Title XI of the Federal Financial Institution's Reform & Recovery Enforcement Act of 1989 (FIRREA) to the best of our knowledge. The purpose of the appraisal is to determine our market value opinion for the proposed fee simple land purchase as well as public utility easements. Easements represent a division of property ownership, commonly known as the "bundle of rights". An easement is usually the right to perform a specific action on or under a particular parcel of property, or portion thereof, by the grantees who do not hold the underlying fee simple interest. Surface easements are the most common, but subterranean and overhead easements are often used for public utilities, subways and bridges. Narrative Appraisal Report Sanitary Sewer Easement John H Rattan & Estate of Dow & Sue Rattan Anna, Collin County, Texas Page Two A property or entity that enjoys the benefit of an easement gains additional rights; a property that is subject to an easement is burdened. The easement attaches to the property benefitted and is referred to as an easement appurtenant. The property or entity whose owner acquires an easement is known as the dominant estate or tenement; the property that is subject to the easement is called the servient estate or tenement. Easement rights can be conveyed in perpetuity or for a limited time. The Appraisal Institute conducts a voluntary program of continuing education for its designated members. MAIs and SRAs who meet the minimum standards of this program are awarded periodic educational certification. I am currently certified under this program. Based on the value estimate along with conversations with local brokers and owners of similar agricultural land tracts in Collin County, Texas, the expected exposure time for the Subject is estimated to be approximately 12 months. The chart below details our analysis of the Subject Property. Value of the Whole Tract (Before the Take) $15,500,000 Water Reclamation Site $ 2,107,200 Outfall Pipeline Easement $ 123,900 Permanent Sewer Easement $ 126,188 Temporary Construction Easement $ 20,700 Tota 1 $ 2,377,988 Rounded $ 2,380,000 Total Part to be Acquired $ 2,380,000 Our opinion of the "Part to be Acquired" (permanent and temporary easements as well as fee simple land purchase) market value, as of December 2, 2022, is: $2,380,000 TWO MILLION THREE HUNDRED EIGHTY THOUSAND DOLLARS Narrative Appraisal Report Sanitary Sewer Easement John H Rattan & Estate of Dow & Sue Rattan Anna, Collin County, Texas Page Three Our opinion of value is based on the following assumptions: All information provided to the appraiser (survey, legal description, property conditions, etc.) is correct. If found to be false, these assumptions could alter the appraiser's opinions or conclusions. A title policy pertaining to the subject was not provided to the appraisers for review and analysis. It is a specific assumption of this report that the subject does not encroach on the adjacent sites, or in the event of an encroachment, the value of the subject is not thereby adversely affected. Any adverse easement or encroachment could inhibit the marketability and warrant modification of the appraisal value. Respectfully submitted, Michael W. Massey & Associates 4LI, / 4U.� Michael W. Massev. AW. NMCS President Certified General RE Appraiser Texas Cert. #Tx-1320163-G Gina L. Hammack Appraisal Associate Certified General RE Appraiser Texas Cert. #TX-13 81252-G TABLE OF CONTENTS SUMMARYOF FACTS.................................................................................. I-1 MARKETING/EXPOSURE PERIOD................................................................. I-3 SUBJECT PROPERTY OWNERSHIP HISTORY...................................................I-5 ASSUMPTIONS AND LIMITING CONDITIONS .................................................. I-6 USPAP REQUIREMENTS.............................................................................. I-9 Clients Subject Property Intended Use & Users Interest Valued Purpose of Assignment Opinion of Value Extraordinary Assumptions Hypothetical Conditions Effective Date Date of Report Scope of Work Report Option Competency Statement Appraisal Procedure GENERAL INFORMATION AREA AND NEIGHBORHOOD DESCRIPTION...................................................II-1 D/FW Economic Analysis Location Demographics Employment Real Estate Analysis LOCAL INFORMATION..............................................................................II-29 Transportation Education Recreation Neighborhood Description and Map General Development ESRI Demographics Neighborhood Traffic Counts/Profile SUBJECT PROPERTY..................................................................................III-1 Subject Property Analysis Tax Exhibit Location Map Parcel Map Flood Plain Map Aerial Photograph Topography Map Photographs APPRAISAL HIGHEST AND BEST USE............................................................................ IV-1 LAND VALUATION ESTIMATE.................................................................... V-1 Comparable Sales Data & Map CORRELATIONS AND CONCLUSIONS........................................................... V-16 CERTIFICATE........................................................................................... VI-1 Qualifications ADDENDAA............................................................................................VII-1 Engagement Letter Legal Description SUMMARY OF FACTS Date of Appraisal Report: Date of Inspection: Effective Date of Value Opinion Client/Users Purpose of Appraisal: Intended Use of the Report: Physical Description: Type Property: Subject Property: Valuation: Highest and Best Use "As Is" Opinion of Value of Whole Tract (Before the Take): Opinion of Value of "Part to be Acquired" (Fee Simple Purchase and Easements): December 21, 2022 December 2, 2022 December 2, 2022 Greg Peters, P.E. Director of Public Works City of Anna 120 W. 7th Street Anna, Texas 75409 To estimate the "As Is" Fee Simple Market Value of the Subject Property as of December 2, 2022 The intended use of the appraisal is to assist the Client in estimating the "As Is" Market Value of the Subject Property. Permanent and temporary easements and Fee Simple land purchase(See map below) County Road 286 Anna, Collin County, Texas Vacant Agricultural Land +/- 38.437 acres of Vacant Agricultural Land Continued agricultural use/Residential development as feasible $15,500,000 $ 233801000 May of Individual Tracts of Land Description Water Reclamation Site Outfall Pipeline Easement Permanent Sewer Easement Temporary Construction Easement Definition "As Is" Type Acreage Fee Simple/Full Taking 28.096 Permanent Easement 3.304 Permanent Easement 3.365 Temporary 3.672 38.437 An estimate of the "As Is" Fee Simple Market Value of a property in the condition observed upon inspection and as it physically and legally exists without hypothetical conditions, assumptions, or qualifications as of the date the appraisal is prepared. 42 MARKETING TIME/EXPOSURE PERIOD Marketing Period and Exposure Time are related terms that are useful in narrowing the definition of market value. The definition of market values assumes "A reasonable time is allowed for exposure in the open market. " The appraised value herein is as of a specified date and assumes the property has had adequate exposure to the market and pool of potential buyers to achieve its market value as of that date. The "adequate exposure" is termed Exposure Time and counts backwards from the date of value, and is assumed to have already taken place. It also assumes several other implicit items, including the willingness of the seller to sell at market value, competent marketing to achieve exposure to potential buyers, and the continued use of the property consistent with the premises and highest and best use conclusions in this appraisal. Exposure Time can be supportable based on the actual actions of the market, and reflected in the market sales data. Marketing Time is forward -looking from the date of the appraisal, and is the amount of time a prospective purchaser would assume to take place to sell the property for the appraised value. Marketing Time also assumes willingness to sell at current values and anticipates changes to market conditions (if any) occurring after the value date. Typically, the Marketing Time will be equal to Exposure Time, unless there are extenuating circumstances in the market. Unpredictable events may occur resulting in a marketing time that, in hindsight, was longer or shorter than that which could be reasonably estimated at this point in time. In the estimation of marketing time for the Subject Property, the following factors were researched and analyze: * Statistical Data — total days on market of competitive properties * Survey of brokers, investors, and sellers in the subject area * Marketing and reasonable exposure time of comparable sales * Anticipated changes in market supply/demand conditions From 2008 to 2011, the market area experienced a notable decline in real estate transactions as uncertainty regarding future financial and economic conditions increased. Buyers and sellers saw disparate expectations in sale transactions. Due to higher risk level, investors required higher returns for their investments across all asset classes. This difference in expectations led to a stalemate in market activity. The limited availability of credit and financing also slackened demand levels. However, in the past 6 years, the number of transactions has increased due to rising demand levels and greater credit/funding choices. The overall market conditions are showing signs of stability and are forecasted to remain stable throughout the next 12 months. I-3 The average marketing times have decreased over the last 12 months, as institutional investors are targeting top -tier investment assets. Mid -tier and lower quality assets are trading less frequently and typically have longer average marketing times. Overall, extended marketing times are possible in some real estate sectors due to this imbalance of market forces (demand, supply, availability of financing and the economy). Marketing of the subject property should be at a realistic, market -based price and not based upon prior inflated levels. The subject is located in a relatively balanced area with respect to current supply and demand levels, and should be priced to reflect this condition. The price/value relationship towards estimating an accurate marketing time is essential. Bid prices need to be sufficiently close to the asking price levels in order to engage the effective demand for the property. a probable effective marketing period for the subject property is estimated to be 12 months. This is thought to be reasonable for similar properties in the general area. This period is the estimated amount of time it will take to sell the property at the above stated value, immediately after the effective date of the appraisal. It is assumed that the subject property has had an adequate market exposure time prior to the effective date of the appraisal. The exposure time requirement for the subject property is also estimated to be 12 months. This exposure time assumes the subject would have been competitively priced and aggressively promoted within the market area. It should be noted that exposure and marketing times are two distinct periods; exposure time ends on the date of the "as is" value and marketing time begins on the effective date of the appraisal. I4 SUBJECT PROPERTY OWNERSHIP HISTORY The Appraisal Institute requires appraisals to consider, analyze, and disclose in reasonable detail any prior sales of the property being appraised that occurred within the three-year time period preceding the date of appraisal and to consider, analyze, and disclose in reasonable detail any current agreement of sale, option, or listing of the property being appraised. The Subject Property is comprised of multiple parcels with various purchase dates. The parcels detailed below represent the whole tract before the taking. Please see the chart below for details by parcel. Tract Parcel ID Address Grantee 1 1001935 East Fork Trinity Frontage Norman & Warren J Calder, Jr, East Fork Trinity 2 1018687 Frontage/CR 286 Dow Rattan 3 1018678 CR 286 Dow Rattan Owner Sales Date Instrument #i/Volume Pal Land Size John H Rattan 8/12/1996 96-0074204 106.480 John Rattan & Estate of r Dow & Sue Rattan 8/24/2009 20090915001153000 56.000 John Rattan & Estate of r Dow & Sue Rattan 8/24/2009 20090915001153020 44.000 Totals 206.480 To the best of our knowledge, no other sales transactions have occurred on the Subject Property since the above dates. I-5 ASSUMPTIONS AND LIMITING CONDITIONS 1. It is assumed that title to the property herein appraised is good and merchantable, and in fee simple. The value is reported without regard to questions of title, boundaries, encroachments, environmental regulations, licenses, or other matters of a legal nature unless noncompliance has been stated, defined, and considered in the appraisal report. 2. The value is estimated under the assumption that there will be no international or domestic political, economic, or military actions that will seriously affect real estate values throughout the country. 3. Certain information concerning market and operating data was obtained from others. This information is verified and checked, where possible, and is used in this appraisal only if it is believed to be accurate and correct. However, such information is not guaranteed. Dimensions and areas of the Subject Property and of the comparables were obtained by various means and are not guaranteed to be exact. 4. Real estate values are influenced by a number of external factors. The information contained herein is all of the data we consider necessary to support the value estimate. We have not knowingly withheld any pertinent facts, but we do not guarantee that we have knowledge of all factors, which might influence the value of the Subject Property. Due to rapid changes in external factors, the value estimate is considered to be reliable only as of the date of the appraisal. 5. Opinions of value contained herein are estimates. This is the definition of an appraisal. There is no guarantee, written or implied, that the Subject Property will sell for the estimated value. The estimated value assumes that the property is under responsible ownership and has competent and prudent management. 6. The appraiser will not be required to provide testimony or attendance in court or before other legal authority by reason of this appraisal without prior agreement and arrangement between the employer and the appraiser. 7. Disclosure of the contents of this appraisal report is governed by the By -Laws and Regulations of the Appraisal Institute. Neither all nor any part of the contents of this report (especially any opinions, analyses, or conclusions concerning value, the identity of the appraiser or the firm with which he is connected, or any reference to the Appraisal Institute or the M.A.I. or SRA Designation) shall be disseminated to the public through advertising media, public relations media, news media, sales media, prospectus for securities, or any other public means of communication without prior written consent and approval of the undersigned. I-6 Assumptions and Limiting Conditions, continued 8. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures, which would render it more or less valuable, except as stated in this report. No responsibility is assumed for such conditions or for engineering, which may be required to discover them. It is assumed that a prudent owner/buyer would allow inspection of the property by a qualified soils or structure engineer if conditions so required. 9. The distribution of the total valuation in this report between land and improvements applies only under the reported highest and best use of the land. The allocation of value for land and improvements, if presented, must not be used in conjunction with any other appraisal and are invalid if so used. 10. Estimates of costs to cure deferred maintenance are difficult at best. Contractors approach such problems in various ways. The estimates, if any, provided within this report are probable costs given current market conditions, available information, and the appraiser's expertise. 11. No environmental impact studies were requested or made in conjunction with this appraisal, and the appraiser hereby reserves the right to alter, amend, revise, and/or rescind the value opinions based upon any subsequent environmental impact studies, research, or investigation. 12. This appraisal was prepared by Michael W. Massey & Associates and consists of trade secrets and commercial or financial information, which is privileged and confidential and is, exempted from disclosure under 5 U.S.C. 552 (b) (4). Please notify Michael W. Massey & Associates of any request of reproduction of this appraisal. 13. Unless otherwise stated in this report, the existence of hazardous substances, including without limitation asbestos, polychlorinated biphenyl, petroleum leakage, or agricultural chemicals, which may or may not be present on the property or other environmental conditions, were not called to the attention of nor did the appraiser become aware of such during the appraiser's inspection. The appraiser has no knowledge of the existence of such materials on or in the property unless otherwise stated. The appraiser, however, is not qualified to test such substances or conditions. If the presence of such substances, such as asbestos, urea formaldehyde foam insulation, or other hazardous substances or environmental conditions, may affect the value of the property, the value estimated is predicated on the assumption that there is no such condition on or in the property or in such proximity thereto that it would cause a loss in value. No responsibility is assumed for any such conditions, or for any expertise or engineering knowledge required to discover them. I-7 Assumptions and Limiting Conditions, continued 14. Anyone acting in reliance upon the opinions, judgments, conclusions, or data contained herein, who has the potential for monetary loss due to the reliance thereon, is advised to secure an independent review and verification of all such conclusions and/or facts. The user agrees to notify the appraiser prior to any irrevocable loan or investment decision of any error, which would reasonably be determined from a thorough and knowledgeable review. 15. By acceptance and use of this report, the user agrees that any liability for errors, omissions or judgment of the appraiser is limited to the amount of the fee charged. 16. The limiting condition relating to the ADA is as follows: This appraisal has not considered the effects of the enactment of the Americans with Disabilities Act of 1990 (ADA), which initially became effective January 26, 1992. We have not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. Standards of this act are designed to provide access to all public facilities to all persons, regardless of mobility limitations. The act provides forceful encouragement for establishments to enhance their accessibility and requires that renovations after this date fully comply with the access standards established by the Architectural and Transportation Barriers Compliance Board. Enhancements to buildings must be readily achievable and able to be carried out without much difficulty or expense. The act recognizes that "readily achievable" is different for companies depending on their resources. The first priority is to provide access from sidewalks, parking and transportation areas, with the second priority being to provide access to areas where goods and services are available to the public. Finally, access to restroom facilities must accommodate all persons. The modifications and costs that may be necessary for the property to conform to ADA can be ascertained only by a qualified architect. Should such a study be undertaken, and should the retrofit costs, if any, become known, then the appraisers reserve the right to re-evaluate the Subject Property. 17. This appraisal specifically assumes the following: All information provided to the appraiser (survey, legal description, property conditions, etc.) is correct. If found to be false, these assumptions could alter the appraiser's opinions or conclusions. A title policy pertaining to the subject was not provided to the appraisers for review and analysis. It is a specific assumption of this report that the subject does not encroach on the adjacent sites, or in the event of an encroachment, the value of the subject is not thereby adversely affected. Any adverse easement or encroachment could inhibit the marketability and warrant modification of the appraisal value. I-8 USPAP REQUIREMENTS Client Mr. Greg Peters Director of Public Works City of Anna 120 W. 7th Street Anna, Texas 75409 Subject Property County Road 286 Anna, Collin County, Texas Intended Use & Users This appraisal is for use by the client in estimating the "As Is" Market Value of the Subject Property. The employment of the appraiser was not conditioned upon the appraisal producing a requested minimum valuation, a specific valuation, or the approval of a loan. This is a narrative appraisal that is intended for asset valuation purposes. Interest Valued - Fee Simple Interest According to the Appraisal Institute's The Appraisal of Real Estate book, 13t' Edition, 2008, Fee Simple is defined as follows: "A Fee Simple Estate implies absolute ownership unencumbered by any other interest or estate." Purpose of the Assignment The purpose of this appraisal is to estimate the "As Is" Market Value of the Subject Property as of December 2, 2022. The rights being appraised are the Fee Simple Interest in the property. To develop an opinion of market value of the above -stated interest in the Subject Property, Market Value, for the purpose of this appraisal, is defined by 12 CFR Part 34.42(g) as being: "Market Value means the most probable price which a property should bring in a competitive and open market under all conditions requisite to fair sale, the buyer and seller, each acting prudently, knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition are the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: I-9 USPAP Requirements, continued I . Buyer and seller are typically motivated; 2. Both parties are well informed or well advised, and each acting in what they consider their own best interests; 3. A reasonable time is allowed for exposure in the open market; 4. Payment is made in cash in U.S. dollars or in terms of financial arrangements comparable thereto; and 5. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. " Market Value "As Is" is defined by The Appraisal Institute's, The Appraisal of Real Estate, 14th Edition, 2013, as: "An estimate of the Market Value of a property in the condition observed upon inspection and as it physically and legally exists without hypothetical conditions, assumptions, or qualifications as of the date of appraisal." Opinion of Value $2,380,000 "Part to be Acquired" as of December 2, 2022 Extraordinary Assumptions Extraordinary assumptions presume uncertain information to be factual. If found to be false, these assumptions could alter the appraiser's opinions or conclusions. The following conditions were utilized in our analysis. * All information provided to the appraiser (survey, legal description, property conditions, etc.) is correct. If found to be false, these assumptions could alter the appraiser's opinion or conclusions. A title policy pertaining to the subject was not provided to the appraisers for review and analysis. It is a specific assumption of this report that the subject does not encroach on the adjacent sites, or in the event of an encroachment, the value of the subject is not thereby adversely affected. Any adverse easement or encroachment could inhibit the marketability and warrant modification of the appraisal value. 1-10 Hypothetical Conditions Hypothetical conditions are contrary to what exists, but the conditions are asserted by the appraiser for the purposes of analysis. No hypothetical assumptions are used in this report. Effective Date of Value Opinion "As Is" — December 2, 2022 Date of Report December 21, 2022 Scope of Work The appraiser: 1. Inspected the "exterior" of the Subject vacant land to note the characteristics of the property that are relevant to its valuation; 2. Investigated available market data for use in a sales comparison approach to value. The Income Approach nor the Cost Approach could not be developed as the property is vacant land, non -income producing. Thus: The Income & Cost Approaches were not employed. The appraiser's investigations included research of public records through the use of commercial sources of data such as printed comparable data services and computerized databases. Search parameters such as dates of sales, locations, sizes, types of properties, and distances from the subject started with relatively narrow constraints and, if necessary, expanded until the appraiser had either retrieved data sufficient (in the appraiser's opinion) to estimate market value, or until the appraiser believed that he or she had reasonably exhausted the available pool of data. Researched sales data was reviewed and, if found to be appropriate, efforts were made to verify the data with persons directly involved in the transactions such as buyers, seller, brokers, or agents. At the appraiser's discretion, some data was used without personal verification if, in the appraiser's opinion, the data appeared to be correct. In addition, the appraiser considered any appropriate listings or properties found through observation during appraiser's data collection process. The appraiser reported only the data deemed to be pertinent to the valuation problem; 3. Investigated and analyzed any pertinent easements or restrictions, on the fee simple ownership of the subject property. It is the client's responsibility to supply the appraiser with a title report. If a title report is not available, the appraiser will rely on a visual inspection and identify any readily apparent easements or restrictions; 4. Analyzed the data found and reached conclusions regarding the market value, as defined in the report, of the Subject Property as of the date of value using appropriate valuation approaches identified above; 5. Prepared the appraisal in compliance with the Uniform Standards of Professional Appraisal Practice as promulgated by The Appraisal Foundation and the Code of Professional Ethics and Certification Standard of the Appraisal Institute. 6. The appraiser is not responsible for ascertaining the existence of any toxic waste or other contamination present on or off the site. The appraiser will, however, report any indications of toxic waste or contaminants that may affect value if they are readily apparent during appraiser's investigations. Appraiser cautions the user of the report that appraiser is not expert in such matters and that appraiser may overlook contamination that might be readily apparent to parties who are experts in such matters. 7. Prepared a Restricted Appraisal Report, as defined in USPAP, which included photographs of the Subject Property, descriptions of the subject neighborhood, the site, any improvements on the site, a description of the zoning (if any), a highest and best use analysis, a summary of the most important sales used in the appraiser's valuation, a reconciliation and conclusion, a map illustrating the sales in relationship to the subject property, and other data deemed by the appraiser to be relevant to the assignment. Pertinent data and analyses not included in the report may be retained in appraiser's files. Report Option This report is a Restricted Appraisal Report in accordance with Standards Rule 2-2(b) of the Uniform Standards of Professional Appraisal Practice (USPAP). As such, it presents sufficient information to enable the client and other intended users, as identified, to understand it properly. Competency Statement Michael W. Massey, MAI has valued ± 1,500 vacant land properties nationwide over the last 40+ years. For the Dallas/Ft. Worth Area as well as counties to the south, north, east & west. Michael W. Massey is a designated a Member of The Appraisal Institute (MAI). Mr. Massey is State Certified in the State of Texas as well as Oklahoma. The Certificate numbers is as follows: Michael W. Massey TX- 1310631-G - OK- 11680CGA As a result of the experience and expertise, Mr. Massey possesses the professional competency required to conclude a reliable opinion of value. Gina L. Hammack has experience in the valuation of commercial and industrial properties both as a property tax consultant and an appraiser trainee. She has valued properties in Dallas, Tarrant, Collin, and Rockwall Counties. In valuation for property tax purposes, she has expertise in Texas, Louisiana, Florida, North Carolina, California, Colorado, Oklahoma, and Kansas. 1-12 Gina L. Hammack has taken numerous courses through The Appraisal Institute and is currently seeking her MAI designation. She is also a Texas State Licensed Appraiser Trainee. The license numbers are as follows: Gina Lea Hammack 1-13 TX-1341057 ID #881122367 APPRAISAL PROCEDURE The procedures followed in this appraisal revolve around an analysis of various factors, which affect the value of the Subject Property. Included in this analysis was an investigation into such matters as the physical attributes of the Subject Property, area and neighborhood market trends, and general social, economic, political, and environmental considerations. The valuation process, which serves as a basis for estimating the value of the Subject Property, employs as many separate appraisal techniques as are appropriate. The value of the Subject Property is estimated by applying specific appraisal procedures that reflect the following methods for mathematically analyzing data: COST APPROACH - An estimate of the present reproduction cost of the improvements, less accrued depreciation, plus the land value. Depreciation includes a deduction from reproduction cost of the improvements due to physical, functional, and economic causes. The Subject is vacant land —The Cost Approach could not be developed. INCOME CAPITALIZATION APPROACH - Capitalization of the net income that the property is capable of producing. This approach, of course, is applicable only in income producing properties. The Income Approach could not be developed. SALES COMPARISON APPROACH - Comparison with similar properties that have sold in the market. This approach can be applied to land alone or to improved properties. The Market approach is the only applicable approach in the valuation of the Subject Property. As addressed in the Correlations and Conclusions section of this report, the Sales Comparison Approach is felt to best reflect the Market Value of the Subject Property. IM AREA AND NEIGHBORHOOD DESCRIPTION Dallas/Fort Worth Metropolitan Economic Analvsis Introduction The Dallas/Fort Worth Consolidated Metropolitan Statistical Area (CMSA), commonly referred to as the "Metroplex" or "D/FW", is the fourth largest metropolitan area, in terms of population in the United States according to 2010 census data. In comparison to other metropolitan areas within the United States, the Metroplex ranks near the top for population growth, business relocations, job creation, an housing construction. Also, the Metroplex is the top financial and trade center in the Southwest. Location The Dallas/Fort Worth CMSA covers 7,197 square miles in the North Central Texas and is situated approximately 300 miles north of the Gulf of Mexico, 165 miles west of the Louisiana state border, and 80 miles south of the Oklahoma state border. The D/FW CMSA includes the Texas counties of Collin, Dallas, Denton, Ellis, Hunt, Kaufman, Rockwall, Johnson, Parker, Tarrant, and Wise. These two metropolitan divisions are briefly discussed as follows The Dallas -Plano -Irving MD encompasses eight counties within the eastern half of the metroplex, including the core counties of Dallas, Collin and Denton. It includes the city of Dallas, which consists of 341 square miles and is the Yd largest city in Texas and the 9' largest in the US. This MD comprises roughly 2/3's of the metroplex population. The greater Dallas economy was originally dependent on oil and cotton, yet is now very diverse, with a strong presence in the fields of banking, commerce, telecommunications, computer technology, energy, healthcare, transportation and logistics. The Fort Worth -Arlington MD consists of four counties located in the western sector of the metroplex. The primary city of Fort Worth, which totals 340 square miles and ranks as the 5`h largest city in Texas and the 16°i largest in the US. While it developed as the "Gateway to the American West", Fort Worth has matured into a balanced economy, with a strong presence in the manufacturing, defense contracting and the oil and gas industries. Sociological Forces is The following table illustrates recent population growth within the metroplex, including patterns related to selected major counties and cities. POPULATION BY NCTCOG COUNTIES COUNTY 2010 2015 2020 2030 Change 2010. Change 2010. 30 Collin 782,341 904,421 1,039,369 1,391,461 25% Dallas 2,368,139 2,551,029 2,734,111 3,106,298 13% Denton 662,614 771,698 897,953 1,234,110 26% Ellis 149,610 163,301 177,721 209,591 16% Erath 37,890 39,471 41,526 45,514 9% 17% Hood 51,182 54,8701 58,643 66,206 13% 23% Hunt 86,129 90,372 95,324 104,802 10% 18% Johnson 150,934 161,209 171,701 194,098 12% 22% Kaufman 103,350 113,657 125,134 152,682 17% 32% Navarro 47,735 47,908 47,985 47,306 1% -1% Palo Pinto 28,111 27,979 27,859 27,031 -1% -4% Parker 116,927 125,811 135,621 157,333 14% 26% Rockwall 78,337 89,731 102,243 134,114 23% 42% somervell 8,490 8,832 1 9,294 10,253 9%1 17% Tarrant 1,809,034 1,973,5261 2,143,755 2,507,170 16% 28% Wise 59,127 62,467 1 65,807 71,909 10% 18% SOURCE: Texas Demographic Center, U.S. Census Bureau 11�- esri, Census 2020 PL 94-171 Profile Dallas-Fon Worth-Mington, U Metropolitan Statistical Area Prepared by can Da1Ws-Fort Worth-Mingt0b, T2 Metrabalitan StaMfi"] Area (19100) Geography: CBSA 2010 2020 2022 Annual Rate Number Percenl Number Percent Number Pement 2010-2020 2010-2022 2020-2022 kcal 0.+pu'.E]pn 6,366.5i2 100.05 1.63,13.7 10DX1 719SI1535 I00gi' 1.9i1 1.0:9a L86ie NousehtlW Wa1W P0pn 6.289,033 98.0% 2,519,865 98.9% 2.874,013 98.9% 1."% 1.85% I."% G,eup Qu ",509 1.2% 87.522 L1% 97,522 1.1% 1.22% L00% PopuWllon O Vy 734.0 080.5 917.9 - - 7=1 lMu[mp Umb; 2,499,6V 100.0% 2.947,189 10D.0% 3,078,4l3 100.0% 1.66% L7M 1.95% TbUl hmrL Ms 2,296,410 91.9% 2,J60,931 93.7% 2,977.711 93.5% 1'B6% I.86% LB6% Tdal V M 43,207 B.M IM 19B 6.3% 200,7D2 6.5% -0.67% -aA0% 3.39% Avera9! NameMW S. 2.]4 2.73 2.74 2020 2021 2022 3lv . MWW H TOC Tbtbi 2,773,906 2,02;BA 2Rss.am 2,824,331 3,831.BD (barge 4I.M S2, 51.9% WA 1.7% 2A% 1A% 1.9% Ae.] ae Mnuel note I.]X 1.9% 19% 1.6% Some pertinent notes/trends related to the D/FW population are considered as follows: • The D/FW region is the largest metropolitan area in Texas. It surpassed Philadelphia in 2010 and currently ranks as the 4" largest MSA in the US, following New York, Los Angeles, and Chicago. • Three of the top ten metro areas with the largest gains in population between 2010 and 2019 were in Texas. Dallas/Fort Worth/Arlington MSA had the largest numeric growth, with its population increasing by 1,206,599 (19D/%), followed by Houston/The Woodlands/Sugar Land increasing by 1,145,654 (19.44/%), and Austin/Round Rock/Georgetown up by 510,760 (29.8%). • Since 1970, the MSA has experienced dramatic population gains, while growth in the city of Dallas has been more moderate. This is attributed to decentralization, a population shift from the central city n-2 to the suburbs. The trend was evident in Fort Worth until its recent northerly expansion. The migration from the city to the suburbs is a national trend, although many urban areas, including Dallas and Fort Worth, are attempting to grow core (centralized) locales. • In Forbes' list of the fastest growing metro areas in the US for 2015, the Dallas -Plano -Irving metro area came in P, while the Fort Worth -Arlington MD was 8d'. This ranking considers not only population growth but also economic growth factors such as employment, gross metro product and wage levels. Texas dominates this list for 2015, with Houston and Austin rated I` and 2nd and San Antonio also in the top ten. Forbes also recognizes the Dallas MD area as the 3rd best for job growth for 2015, ahead of Austin (41h), Houston (61h), and San Antonio (101h) Overall, the metroplex is considered a relatively strong, growth -oriented locale, especially given the size of the population base. This is evident within historical trends and is anticipated to continue in the future. Demographics Demographic statistics were compiled by Site To Do Business (STDB) based upon 2010 census data. The following is a summary of the demographic data. II-3 Gesr*i- Dallas-ForL Worth�Adington, TX Metropolitan Statistical Area Prepared by Esri Dallas -Fort Worth -Arlington, TX Metropolitan Statistical Area (19100) Geography: CBSA rn' e �nn[y oats Dallas Fort Worth Airs ngton O 1e� ' epherrville 0 0 18 \V' L===� ml Dallas O - January 04, 2021 esriI Demographic.. Income ComparisonProfile Dallas -Fort Worth -Arlington, TX Metropolitan Statistical Area prepared by Esri Dallas -Fart Worth -Arlington, TX Metropolitan Statistical Area (19100) Geography: CBSA Dallas -Fort W.. Census 2010 Summary Population 6,366,542 Households 2,296,410 Families 1,588,668 Average Household Size 2.74 Owner Occupied Housing Units 1,413,329 Renter Occupied Housing Units 883,081 Median Age 33.5 2021 Summary Population 7,830,258 Households 2,802,401 Families 1,927,630 Average Household Size 2.76 Owner Occupied Housing Units 1,694,637 Renter Occupied Housing Units 1,107,764 Median Age 35.2 Median Household Income $73,903 Average Household Income $100,795 2026 Summary Population 8,579,994 Households 3,063,595 Families 2,104,336 Average Household Size 2.77 Owner Omlpied Housing Units 1,873,682 Renter Occupied Housing Units 11189,913 Median Age 35.5 Median Household Income $80,258 Average Household Income $111,374 Trends: 2021-2026 Annual Hate population 1.85% Households 1.80% Families 1.77% Owner Households 2.03% Median Household Income 1.66% source: US. Cwws Bureau, C = 2010 Summary FM 1. Bel foraresu For M21 and 20M. January 26, 2022 11-5 esn' Demographic Profile Dallas -Fort Worth -Arlington, T% Metropolitan Statistical Area Dallas -Fort Worth -Arlington, TX Metropolitan Statistical Area (19100) Geography: CBSA prepared by Esn Dallas -Fork W... 2021 Households by Income Number Percent <$15,000 205,287 7.3% $15,000 - $24,999 177,081 6.3% $25,000 - $34,999 209,413 7.5% $35,000- $49,999 325,296 11.6% $50,000- $74,999 499,715 17.8% $75,000 - $99,999 383,944 13.7% $100,000 - $149,999 487,839 17.4% $150,000 -$199,999 234,42C 8.4% $200,000+ 279,392 10.0% Median Household Income $73,903 Average Household Income $100,795 Per Capita Income $36,118 2026 Households by Income Number Percent <$15,000 187,366 6.1% $15,ODO - $24,999 162.853 5.3% $25,000-$34,999 204205 6.6% $35.000 - $49,999 328.415 10.7% $50,000 - $74.999 537,742 17.6% $75,00D - $99,999 429,703 14.0% $100.000- $149,999 578.316 18.9% $150,000-$199,999 303,397 9S% $200,000+ 333,584 10.9% Median Household Income $80,258 Average Household Income $111.374 Per Capita Income $39,807 Make Nobw Inofine � eryroseu In cummt 4 M. Source; US. Census Bureau, Cene,a 2010 Summery He 1. Esrl ferera rcr 2021 er4 2026. 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Dallas -Fort Worth -Arlington, TX Metropolitan Statistical Area Prepared by Esii Dallas -Fan Worth -Arlington, TX Metropolitan Statistical Area (19100) Geography: CBSA Dallas -Fort W... 2010 Race and Ethnicity Number Percent White Alone 4,156,819 65.3% Black None 961,491 15.1% American Indian None 43,318 0.7% Asian None 341,473 5.4% Pacific Islander Alone 61196 0.1% Some Other Ram None 677,629 10.6% Two or More Rates 179,616 2.8% Hispanic Origin (Any Race) 1,751,878 27.5% 2021 Race and Ethnicity Number Percent Whhe None 4,693,954 59.9% Black None 11302,103 16.6% American Indian Alone 49,572 0.6% Asian Alone 606,991 7.8% Pacific lslanderAlone 9,386 0.1% Some Other Race None 898,280 11.5% Two or More Rates 269,972 3.4% Hispanic Origin (Any Race) 2,320,446 29.6% 2026 Race and Ethnicity Number Percent White Alone 4,9S7,906 57.8% Bieck Kane 1,495,525 17.4% American Indian Alone 53,918 0.6% Asian None 733.317 8.5% Pacific Islander Alone 10,808 0.2% Some Other Race Alone 1,014,097 11.8% Two or More Rates 314,413 3.7% Hispanic Origin (Any Race) 2,657,776 31.0% 6ourset US. Crows Burew, Cacus 2e10 Summary fee 1. E rl fo.ercts br Xf21 ene 202b. January 26, 2022 II-8 4esrrDemographic and Income Comparison.. Dallas -Fort Worth -Arlington, TX Metropolitan Statistical Area Prepared by Esri Dallas -Fort Wroth -Arlington. TX Metropolitan Statistical Area (19100) Geography: CBSA Dallas -Fort W... Trends 2021-2026 Population by Age 2021 Household Income $35K-$49K 11.6% $50K- $741 17.8% $75K- $991 13.7% $100K- $149K 17A% ,e 2021 Population by Race $25K-$34K 7.5% L5K- $24K 6.3% S15K 7.3% c m $200K+ 10.0% 3K-$199K 6A% eourcm U.S. Cwu Aura , Crt 2010 Summery f 1. r fuamsn for M21 eM 20M. II-9 Area State USA ■ 2021 2026 January 26, 2022 Economic Forces The Dallas -Fort Worth metroplex enjoys a strong, well -diversified economic base, and has typically noted superior economic growth compared to national norms, a trend which is anticipated to continue in the future. It has been a national leader since 2000 with regard to job formation, with unemployment levels outperforming state and national averages. The region also benefits from a low cost of living for a metropolitan in the US. Employ The Dallas/Fort Worth Metroplex continues to be one of the Nation's most resilient economic markets. Over the past year, the Dallas area ranked first in over -the -year percent change in job growth. The following pages contain employment statistics provided by the U. S. Department of Labor Bureau of Labor Statistics. II-10 Dallas -Fort Worth Area Economic Summary Updated March 01, 2022 This summary presents a sampling of economic information for the area; supplemental data are provided for regions and the nation. Subjects include unemployment, employment, wages, prices, spending, and benefits. All data are not seasonally adjusted and some may be subject to revision. Area definitions may differ by subject For more area summaries and geographic definitions, see www.bls.eov/regions/economic-summaries.htm. Unemployment rates for the nation and selected Average weekly wages for all Industries by county areas Dallas -Fan Worth area, second quarter 2021 Unemployment rates W.S.-$1]a1;Area c$1,309) United States 3.7 Wise Denton Coital I Dallas -Fart Worth 6.0 - - Hunt area 3.6 Colon Co. e'1 gac4wall 3.1 parker Tarrant wool Dallas Co. 6.3 4.0 Kaufman Denton Co. 3 5.3 Haotl Johnson. � E:L> 50merwil S999 or less Tarrant Co. 6.2 �Pw18 $1,000 - $3,099 '$1300-$1.299 0.0 2.0 4.0 6.0 8.0 $1,200ormore -: Dec-20 ■Dec-21 source: U.S. BLS, Local Area unemployment Staasilcs Source: U.S. aq Quarterly census of Employment am Wages. Over -the -year changes in employment On nonfarm payrolls and employment by major Industry sector 12•month percent changes in employment 15.010.0 arm 7T,.de, 3,951.9 1%9 525.0 long, and construction 226.7 7A 3A cturing 286.9 5921 0.0 ansportation, and utilities 880.8 43.7 52 tion 80.0 11 1 A •SA i Financial activities 334.9 6-S 2D -toot j Professional and business services 715.1 691 10.7 Education and health services 4641 IDD 22 -15.0 I lesureandhospitality 375.8 37A 111 Dec -la Dec.19 Dec-20 Dec-21 Otherservices 126.0 12A 9.9 Dallas-FortWortharw ---•United States Government 461.6 OA 1.0 Source:US. ats, Current Employment Statutirs. c_.-,_.,,c me n....._. c..._, _......... <.-....-. U.S. BUREAU OF LABOR STATISTICS • bIS.Q0V 10 s^BLS_gov M -)kB .0 Over -the -year change in the prices paid by urban consumers for selected categories 12-month percent change in CPI-U, January 2022 35.0 31.8 30.0 127�1125.0 20.0 15.0 10.0 7.8 7.5 isa 5.0 0.0 All items Food Energy ■Dallas -Fort Wortharea U US. city average source: US. BLS, consumer Pare me, Over -the -year changes in the selling Prices received by producers for selected industries nationwide 12-month percentchanges in PPI 30.0 20.0 10.0 0.0 -10.0 .20.0 30.0 Jan-19 Jarrv20 a General freight trucking -Air transportation source: US. BLS, Producer Price Index tan-21 tan-22 --HDSPnah Average annual spending and percent distribution Average hourly wages for selected occupations for selected categories Ii m. Dallas area average annual expenditures, 2019-20 Personal insurance g pensions $7,562 121% Tool; Source: US. BLS,rMwrr,er FvpeMnure Survey- $62j06 II occupations $27.01 I $27.07 Human resources managers 6523 64.70 Accountants and auditors 1 4031 1 3926 Registered nurses 1 37.50 1 38,117 Construction laborers 1 1739 1 2067 Retail salespersons 1 14.22 1 14.87 Cooks, fast food I 1038 I 21-69 Sourem US. AM 0¢upaiioml fmplovrt u and Waxe Statii0o. bLy 202a. Employer costs per hour worked for wages and Over -the -year changes in wages and salaries selected employee benefits by geographic division 12-month percent changes N ECI 6.0 Total compensation $32.72 $37.24 5.0 Wages and salaries 24.11 2636 Total benefits 8.60 10AS 4.0 Paid leave 2.16 2.74 3.0 Vacation 1A8 SAO Supplemental pay 126 126 2.0 Insurance 1.99 290 1.0 Retirement and savings 0.85 128 0.0 Legally required benefits 235 2.80 pl mecum nva ronapseMewnsmulh cmval maim a,nsa,m arcs Dec-18 Dec-19 a car, am t2, - Dallas -Fart Worth area Sauror. us. Pdl,[mpIN, Gnn eerSource: LLi IUM EmploymentCost lnaei southwest lrdormatian Office a BLSinfaDallasObls.gov a httpsl/www.bls.gov/regions/southwest • 972-84448DO 11-12 Dec-20 Dec-21 • United States BLS NEWS RELEASE �' yO BUREAU OF LABOR STATISTICS iiiFF U. S. D E P A R T M E N T O f L A 8 O R MILS P* For Release: Thursday, December 30, 2021 21-2199-DAL SOUTHWEST INFORMATION OFFICE Dallas, Texas Technical information: (972) 8504800 BLSInfoOollas@bls.gov wwmbls.goWregi misouthwest Media contact: (972) 8504800 Dallas -Fort Worth Area Employment —November 2021 Total nonfarm employment in the Dallas -Port Worth -Arlington, TX, metropolitan area increased by 210,200 over the year in November, the U.S. Bureau of Labor Statistics reported today_ (See chart I and table 1.) Regional Commissioner Michael Himiak noted that the local rate of job gain, 5.6 percent, compared to the 4.1-percent national increase (All data in this release are not seasonally adjusted; accordingly, aver -the -year analysis is used throughouL) Chart 1.Over-the-year percent change for total nonfarm employment in the United States and the Dallas metropolitan area, November 201"ovember 2021 —United States . ,..-.,Dalla 15% 10% 5% 0% -5% -10% -15% Nov 2018 Nov 2019 Nov 2020 Source: US. Bureau of Labx Statistic Nov 2021 Dallas -Part Worth -Arlington, TX, is made up of two metropolitan divisions —separately identifiable employment centers within the greater metropolitan area- Both divisions posted employment increases over the year. Dallas -Plano -living, TX, with 71 percent of the area's total nonfarm employment, gained 156,300 jobs over the year. Port Worth-Arlington,'1'X, which accounted for the remaining 29 percent of the area's workforce, gained 53,900 jobs during the period. It-13 Industry employment In Dallas -Port Worth -Arlington, TX, professional and business services had the largest gain (482,100) among local private -industry supersectors.'The Dallas -Plano -Irving, TX, division gained 63,400 jobs and the Fort Worth -Arlington, TX, division gained 18.700 jobs. (See chart 2.) Within this supersector, the professional, scientific, and technical services sector added 41,500 jobs and the administrative and support and waste management and remediation services sector added 36,000 jobs in the metropolitan area. The metropolitan area's 12.9-percent rate of job gain in this supersector compared to the national rate of 5.5 percent - Chart 2. Over -the -year net change for private -industry supersector employment in the Dallas metropolitan area, November 2021 (in thousands) Professional and businessservices° Trade, trmportatan, and utiltiee Leisure and hospitality' Education and health services' other servlcecx Manufactu,ing Financial activities Information Mining, logging, and construction 0 10 20 30 40 50 60 70 ail 90 Note. An aser'sk inUYatessatisltal stgrdficance ai the9a-perceraconriclence Ievet Source: U.S. Bureau of LaborStatisim 'Grade, transportation, and utilities, the metropolitan area's largest supersector, added 42,400 jobs from November a year ago. The Dallas -Plano -Irving, TX, division gained 32,000 jobs, and the Fort Worth - Arlington, TX, division gained 10,400 jobs. Within this supersector, the retail trade and wholesale trade sectors in the metropolitan area gained 15,700 jobs and 13,600 jobs, respectively. The trade, transportation, and utilities supersector's rate of job increase in the metropolitan area was 5.1 percent, which compared to the 3.0-percent gain nationally. The leisure and hospitality supersector gained 39,900 jobs from November 2020 to November 2021. The Dallas -Plano -Irving, TX, division gained 31.300 jobs, and the Pon Worth -Arlington, TX, division gained 8,600 jobs. In the metropolitan area, the accommodation and food services sector accounted for the majority of jobs gained (+34,000). The 11.9-percent rate of job gain in the metropolitan area's leisure and hospitality supersector compared to the 143-percent national increase. Employment in education and health services rose by 15,500 in the metropolitan area from November a year ago. The Dallas-Plano-lrving, TX, division gained 8,800 jobs, and the Fort Worth -Arlington, TX, division gained 6,700 jobs. Most of these job gains were in the health care and social assistance sector The metropolitan area's 3.5-percent increase in education and health services jobs compared to the national gain of 2.1 percent 11-14 '!he other services supersector (which includes repair and maintenance, personal and laundry services, membership associations, and private households) gained 10.800 Jobs over the year in the metropolitan area, with both divisions recording job gains. The metropolitan area's 9.4-percent rate of job gain in other services compared to the national increase of 5.6 percent. Twelve largest metropolitan areas Dallas -fort Worth -Arlington, TX, was 1 of the nation's 12 largest metropolitan statistical areas in November 2021- All 12 areas gained jobs over the year. New York -Newark -Jersey City, NY -NJ -PA had the largest increase (4348.200). followed by Los Angeles -Long Beach -Anaheim, CA (1344.800) Philadelphia -Camden - Wilmington, PA -NJ -DE -MD, had the smallest gain (+ 110,000) among the largest areas. (See table 2 and chart 3.) Los Angeles -Long Beach -Anaheim, CA, had a 6.1-percent rate of job gain, followed by Dallas -Port Worth - Arlington, TX and Phoenix -Mesa -Scottsdale, AZ (15.6 percent each).'Ihe rates of job gains in the remaining nine areas ranged from 5.5 percent in Boston -Cambridge -Nashua, MA-NI1, to 3.7 percent in Chicago - Naperville -Elgin, II. -IN -WI Chart 3. Over -the -year net change in total nonfarm employment for the 12 largest metropolitan areas, November 2021 (in thousands) New York' Los Angeles' Dabs' Chicago' Houston' Boston' Atlanta' hliarm' Wao,irgton' Phoerie San rrarciscn' Philadelphia' 7 50 100 150 200 250 300 350 400 Note: An asterisk indicates sratisicalsigri ficarce at the90-pervert confdencelevel. Source: U.S Bureauof Laba Stattstm The Metropolitan Area Employment and Unemployment release for December 2021 is scheduled to be released on Wednesday, February 2, 2022, at 10:00 a.m. (ET). 11-15 The region's employment base reported relatively strong expansion in the 1990's, although this slowed during the early to mid-2000s. After turning negative in 2009, concurrent with the recessionary climate, positive employment growth has been evident and unemployment levels have declined to sub4% levels. According to BLS.gov Economic Summary, the DFW area had an increase in the overall unemployment rate in 2020 just like most of the United States due to the Coronavirus pandemic. Collin and Denton Counties showed an unemployment rate similar to the national rate of 6.4% while Dallas and Tarrant Counties rate was slightly above at 7.4-7.7%. Consumer prices held steady overall with a slight increase in food costs but a significant decrease in energy costs (-11.2%). Employer costs for the West South Central region of the United States were reported to be lower than the average for the US. And, the average hourly wages for the DFW and the US were comparable at $25 per hour. Finally, the 12 month change in Employment Cost Index (ECI) decreased in 2020 to around 2.5% for the DFW area and 2.75% for the US. According to BLS.gov November 2021 News Release, the DFW MSA gained almost 210,000 jobs when comparing November 2020 to November 2021. This number is a gain of 5.6% in contrast to the national percentage of 4.1 %. The Dallas -Plano -Irving, TX, with 71 % of the area's total nonfarm employment, gained 156,300 jobs over the year. The Fort Worth -Arlington MD which accounts for 29% of the area's workforce, gained 53,900 jobs during the period. For industry employment, Professional and Business Services gained the most jobs with an increase of 82,000 in the DFW area. This represents a job increase of 12.9% as compared to the national percentage of 5.5%. All sectors showed increases in jobs. When looking at the 12 largest metropolitan areas, all 12 areas gained jobs during 2021 with New York/Newark/Jersey City showing the largest increase at +348,200. Both of these studies from BLS.gov show an economy that is improving Post -Pandemic. They also reveal that DFW is faring pretty well in comparison to the rest of the US. Employment rates have dropped but not as much in other areas. And, wages are comparable to the national average. The largest employers in the Dallas/Fort Worth region represent a diverse group of multinational corporations spanning a multitude of industries including transportation, energy, retail, telecommunications and technology. The following information relates to the top employers in the D/FW region. • The largest employer in the region is Wal-Mart with 52,700 local employees. The next largest employers are American Airlines (23,700 employees) and Baylor Healthcare (22,000). • Other top private sector employers, each with at least 10,000 employees, include Texas Health Resources, Bank of America, JPMorgan Chase, Texas Instruments, Lockheed Martin Aeronautics, UT Southwestern Medical Center and HCA North Texas. • The top public sector employers include the Dallas and Fort Worth ISDs, the cities of Dallas and Fort Worth, Dallas County and Tarrant County, and the Garland, Plano, Frisco, Mesquite and Richardson ISDs. • The metro area has the 41" highest concentration of Fortune 500 headquarters in the US (21 companies), including Exxon -Mobil in Irving (2"d) and AT&T in Dallas (11 t") • The city of Dallas ranks 3rd nationally in the number of firms headquartered with a net worth of $1 million. II-16 • The metroplex contains the largest Information Technology industry base in Texas, due to the large number of corporate IT projects and the presence of numerous electronic, computing, and telecommunication firms. It is often referred to as the Silicon Prairie. At present, the North Texas region is considered to have moved past recovery, with the economy growing, unemployment declining and the real estate markets noting a measurable rebound. New development has returned to the area, which was initially evident only within the prime submarkets, yet is currently prevalent throughout the region. While some concerns exist at present due to the significant amount of new construction evident in the region, much of the new supply addresses existing demand. This is especially true within the residential/housing markets, which continue to reflect under -supply conditions. Regardless, although most market participants anticipate continued balanced conditions in the real estate markets, the amount of new product added and proposed could pose an issue if there is not some level of restraint on the part of developers. The D/FW area is anticipated to continue to expand through 2017, if not beyond, although it is likely to reflect slower growth relative to recent norms. Long-term, the region's concentration of technology businesses, corporate headquarters, distribution infrastructure and above -average population gains will contribute to positive/strong economic performance levels. Governmental Factors Municipalities within the North Texas region are governed by city and county entities. City governments vary greatly, although most provide police and fire protection, street building/maintenance and water, sanitation and sewer services. They also typically feature some form of zoning/building code controls, although these can vary greatly in the level of detail and complexity. The larger cities have a master plan dictating future growth patterns. The cities of Dallas and Fort Worth utilize the council/manager form of government, with council members elected by geographic districts and the mayor elected at -large. The city manager is the chief administrator (appointed by and accountable to the council). Texas county governments all follow the same structure, as established by the Texas Constitution, with each county divided into four precincts, each served by a commissioner and with a county judge elected at large. Dallas and Fort Worth serve as their respective county seats. Taxes are levied on real property by the related city, county, independent school and special districts associate with a given property. A sales tax is levied on most consumer goods, which typically ranges from 7.25% to 8.25%. There are no city or state income taxes. Educational needs are met by a number of independent school districts, with over 40 ISDs servicing the region, plus numerous private schools. These school districts are responsible to the State Board of Education rather than to their respective municipalities. School district boundaries do not follow city boundaries, so that a given city may have students in two or more districts. Dallas ISD serves most of Dallas and represents the 2nd largest school district in Texas (141h largest in the US). It is made up of 228 public schools, with an enrollment of 158,693 students (2015-2016). Fort Worth provides public education through 146 school/campuses serving almost 86,000 students in 2014-2015 (51h largest in Texas; 37 h in the US). II-17 There are 27 four-year universities and 18 two-year colleges located within 100 miles of Dallas/Fort Worth, plus numerous technical and vocational schools. Major universities include the University of North Texas, the University of Texas at Arlington, the University of Texas at Dallas, Texas Woman's University, Texas A&M University at Commerce, Southern Methodist University, and Texas Christian University. Schools of medicine include Baylor University Medical Center and Southwestern Medical Center. Over 85 hospitals are located in the metroplex, providing an economic impact of $14.4 billion in 2013. The Southwestern Medical District of Dallas includes three primary hospitals: Parkland Hospital, UT Southwestern Medical Center and Children's Hospital. Parkland is a county -run, teaching hospital. The equivalent with Fort Worth is the Near Southside Medical District, which features five major hospitals including the county -run JPS Health Network (John Peter Smith Hospital). the VA North Texas Hospital is situated within south Dallas. Environmental Factors The Dallas/Fort Worth area enjoys a temperate climate. It has hot summers, with an average daily temperature in July of 87.8 degrees, although winters tend to be cool. The area receives little snowfall in the winter; precipitation reaches a peak during the spring months. The regional topography is primarily level to slightly rolling. As part of the Blackland Prairie, the predominant soil type is dark, thick clay soils, which may require special foundation engineering due to its expansiveness and low strength. The metroplex uses a well -developed reservoir system, which provide both water and recreational facilities to area residents. Water limitations have not been a restricting factor on growth, although use restrictions and conservation efforts are commonplace. D/FW offers numerous year-round cultural and recreational activities. There are two major art districts — the 60-acre Dallas Arts District, anchored by the Dallas Museum of Art and the Morton H. Meyerson Symphony Center, is the largest urban arts district in the country, while the Fort Worth Cultural District claims several of the top museums in Texas, including the Kimball, Amon Carter and the Museum of Modern Art. Major sports in the region include the Dallas Cowboy football team(Arlington/Frisco), the Texas Rangers baseball club (Arlington), the Dallas Mavericks (basketball) and the Dallas Stars (hockey). Other major sporting events include the Byron Nelson (golf), Mesquite Championship Rodeo, Texas Motor Speedway (automotive racing), and Lone Star Park (horse racing). The Trinity River Project, which includes redevelopment of the Trinity River just west of downtown Dallas, is anticipated to transform this long - neglected sector into a major recreational area. The Dallas area is home to two major airports, Dallas/Fort Worth International Airport (DFW) and Dallas Love Field. DFW is the largest and busiest airport in the state of Texas and the second largest airport in the country. American Airlines, which has its headquarters adjacent to DFW, was recently named the largest airline in the world in terms of passengers transported and fleet size. DFW has service to a total of 207 destinations worldwide. Love Field is located in the northwest side of the city of Dallas. Southwest Airlines, the largest carrier in the world in terms of passengers carried, is based in Dallas, next to Love Field. Love Field was Dallas' main airport until 1974 when DFW opened. A remodemization project began in early 2009 and was completed in the fall of 2014. II-I8 The Dallas -Fort Worth area has thousands of lane -miles of freeways and interstates. It has the second largest number of freeway -miles per capita in the nation, behind only the Kansas City Metropolitan Area. North - south interstates include 1-35 and I-45. East -west routes include I-30 and I-20. I-35 splits into I-35E and I- 35W from Denton to Hillsboro; I-35W goes through Fort Worth while 1-35E goes through Dallas. 1-30 connects Dallas and Fort Worth and I-45 connects Dallas to Houston. HOV lanes currently exist along I-35E, 1-30, I-635, US 67 and US75. I-20 bypasses Dallas and Fort Worth to the south while its loop, I-820, loops around Fort Worth. I-635 splits to the north of I-20 and loops around east and north Dallas, ending at SH 121 north ofDFW Airport. [aft W, !J- Rahn l ) Unitt4 Street P6no Murpny W+ Ne.n.. -•,rn a=u �1 Y� n colRrel Carrollton S.:ne . ��� �rhiMsan ...TTT�nnn K,r GiaW±rr2 LJ fdnncrt RmWd �9�I•g�p��y. \6 Garland f 1_ C it Mrne �lel� W In:y F ty •/pC //f//feeeeee N rM Rrtpp:NXX Fdess N snY Cvrk J 4 I.r� a:K nJ i•r� u cry 'Vingl xl�ois, Dallas Niesqulle Fort rt#r• N. _ x?t iJ 4 a..mr I oesmcl rtrr'ae 6 , c�en. Dallas Area Rapid Transit (DART) is a regional transit agency created in 1983. It currently services 13 cities and covers 700 square miles. Its service includes bus, light rail, commuter rail, HOV lanes, paratransit and vanpools. For fiscal year 2015, more than 92 million passengers rode one of the DART services. It has the longest light rail system in the U.S., growing to 93 miles in 2016. Conclusion The major asset of Dallas/Fort Worth is its diversified economic base. This provides a stable foundation which is less affected by recessionary periods in specific industries. While recently impacted by the Great Recession, the regional economy has moved past recovery and is considered to be expanding. It continues to outperform the US in regards to population gains, job creation, unemployment rates and most other barometers, with positive/expanding economic conditions projected to continue through 2017, if not longer. As a result of the improved economy, the real estate market is noting a strong rebound from the recession. Realty fundamentals initially noted gradual improvement, yet pent-up demand combined with positive population and employment growth has resulted in a "frothy" environment and a return of new residential and commercial development. Although the amount of new construction is measurable, it is generally perceived to be demand oriented. Continued growth for most real estate segments is projected for the foreseeable future. Long-term, most economic indicators for the D/FW metroplex are anticipated to be growth oriented, consistent with historical patterns. n-19 Dallas/Fort Worth Metropolitan Real Estate Analvsis In summary, the interaction of the environmental, governmental, social and economic forces has contributed to the diversified economic base of the Metroplex. The overall real estate market throughout the Metroplex is currently experiencing a moderate upward cycle following market conditions currently transpiring across the United States. Economic recovery is in process. Furthermore, the recovery of the national economy should translate into the continued growth of the local real estate markets. Quality of life should continue to remain good due to the abundance of cultural and recreational facilities. Furthermore, the Metroplex is in an excellent position for continued future growth. It has a strong and diverse employment base that enables it to weather economic cycles. Employment and population growth are projected to continue to spur further growth in the real estate market over the next three to five years. Dallas/Fort Worth and the region have excellent accessibility to North America's major markets. According to the Real Estate Center at Texas A & M University, for the DFW MSA, the total number of homes sold decreased 0.2% from 2020 to 2021, ending an 11-year steady increase trend in number of sales. This is indicative of a 44% decrease in the number of listings rather than a weakening market. In fact, the dollar volume for home sales increased by 19% from $39,636,299,601 to $47,282,093,109. There was also a 20% increase in both the average and median prices for homes. Months of inventory decreased to less than 1 month. All of these indicators portray a housing market that remains robust with demand outpacing supply. II-20 Dollar Average Median Total Months Date Sales Volume Price Price Listings Inventory 2017 101,869 31,389,504,462 308,136 254,500 19,127 1.9 2018 100,339 32,170,679,644 320,620 265,000 21,971 2.4 2019 103,542 33,978,207,028 328,159 273,500 24,961 2.3 2020 112,618 39,636,299,601 351,954 291,000 18,691 1.1 2021 112,384 47,282,093,109 420,719 345,000 10,521 0.8 Home Sales and Average Price 120k 90k 0 y 9�' 90h 90> 9a,N �06 �0 Oq1 6' 0 O�0 O Oh 0�6 016 O,1 01� 'L 'L '4 'L h h h h h h h • Sales � Average Prke 800k 6WI, 400k m 200k 0 m�nmaru,om According to the North Texas Real Estate Information Systems (NTREIS), in Collin County, the total number of homes sold decreased 24% from 3rd quarter 2021 to 3`d quarter 2022. Homes in all price ranges continued to sell quickly, averaging around 24 days on the market. During this same timeframe, the average price for homes increased 18% to over $599,000, with a median sales price of $525,000. For the Anna zip code of 75409 in which the Subject Property is located, the median sales price was up 20% for the 23rd quarter 2022 to $401,000. The percentage of original price received decreased by 3.7% to 98.9% of asking price. Days on market increased by 77% to 23 days and the number of closed sales increased by 21% to 218 during the 3rd quarter of 2022. In comparison to Collin County as a whole, the median sales price in Anna is below the median for all zip codes in Collin County with a range of $324,000 to $857,000 for all zip codes. The following market analysis was obtained from NTREIS. tt-21 Marketwatch Report 03-2022 Collin County Key Metrics Q3-2022 1-YrChg Median Sales Price $525,000 + 19.3% Avg. Sales Price $598,688 + 18.3% Pct. of Orig. Price Received 98.5% - 5.2% Homes for Sale 3,159 + 86.6% Closed Sales 3,986 - 23.8% Months Supply 2.5 + 127.3% Days on Market 24 + 60.0% Market Activity Historical Median Sales Price for Collin County S600.000 $$00.000 $400.000 $300.000 $200.000 S100,000 01 01-2 701-=801-200901-201001-201 11-22 JIM \ ntrpis 03-2B2B NM-2021 .00-2032 SIM 5.234 h 3,169 2.443 1.693 -20.B'% .86LX -11.1% -236% Homes for Sale Closed Sales ,W41"A Marketwatch Report Q3-2022 Collin County ZIP Codes 75D09 75D13 75023 75024 75025 75026 75033 75334 75D35 75D48 75069 75D70 75D71 75074 75075 75D78 75D80 75Da2 75D8G 75D93 75094 75D97 75D98 75121 75164 75166 75173 75189 75252 75287 75407 76409 75424 75442 75452 75454 75485 75495 Q\ ntrPis 03-2D22 1-Yr Ch9 03-2022 1-Yr Chg 03-2022 1-Yr Chg 03-2022 1-Yr Chg $499,000 + +19.1% 98.9% %& -6.0% 21 T +90.9% 221 y -31.8% $649,950 + + 28.0% 98.7% + -4.9% 32 T + 113.3% 216 - 11.1 % $678+700 T + 17.0% 98.6% 41 - 5.8% 24 T + 412% 1 208 40 - 11.5% S438.500 T +177% 1 D9.9% y -3.1% 19 T +35.7% 1 146 y -18.4% $670,000 T +21.0% 97.9% i -4.8% 26 T +85.7% 85 y -42.6% S580.000 + +242% 98.9% y -5.6% 19 T +58.3% ! 134 y -32.3% 0 _ 5712,900 + +27.0% 982% -7.196 30 ++114.3% 126 -462% S806.000 T +20.3% 98.3% -4296 22 40 -15.4% 145 -31.6% 5619,500 T +18.0% 97.8% y -7a% 27 T+125.0% 272 + -26.7% S457,500 + 14.4% 992% y -4.6% ! 25 4 0.0% 114 y - 14.3% S488,000 + +13.5% 982% + -23% 31 Ot +40.9% 130 y -12.8% S490,000 T +195% 98.5% -SS% 23 T+109.1% 177 y -412% $587,000 T +27.6% 98.5% -63% 23 + +53.3% 306 -25.9% S417250 T +192% 100.6% -25% 17 T +41.7% 118 y -22-4% S475,500 T + 17.9% 98.9% - 3.0% 22 T + 57.1% 116 + - 32.6% $795,000 T +20.5% 96.3% y -7.7% - 30 T +100.096 251 Jr -22.8% S425.000 T +7.3% j 98.4% Qr -3A96 21 T +61.5% ''. 137 y .16.5% S564.000 T +17.5% 99.0% J+ -4.6% 21 T +615% 6B y -13.9% S661,800 + +12-6% 98.1% + -3S% 20 T +25.0% ' 157 y -21.9% SSBSAOD It +16.5% 99.1% -4A% 24 T+200.0% 53 ,% -26A% 0 _ S455,000 T +213% 9874fi y -55% 22 T +46.7% 243 Jr -25.7% 0 _ 5429.531 T +219% 9g.0% + -3.9% 35 T+191.7%; 77 T +87.8% $376.000 T +32% 97.6% 4 -3S% 25 T +13.6% 46 4, -8.0% $378.900 T +147% 98.6% + -42% 31 T +55.0% 353 T +7.0% $587.000 I. +24.9% 100.1% T +0.4% 20 +11.1% 1 93 + +1.1% S460,000 It +15.0% 100.0% Jr -0.8% 13 y -18.8% '., 71 4, -40.3% 5354,900 T +14.5% 98.1% y -42% 22 y -24.1% 177 .y -24.7% S401A7D +19.8% 98.9% y -3.7% 23 T +76.9% 218 + +21.1% S319.00D -22.6% 962% y -1.8% 42 T+162.5%', 12 y -20.0% S320,000 .4 -5.9% 93.9% y -5-8% 32 T +333% 47 y -242% $325=0 4 -2.1% ! 97.8% y -32% 25 y -627% 25 T +38.9% $539,990 T +30.1% 972% y -7A% 34 T+277.8%'. 103 Jr -18.9% -- - -- '- -- - 0 - S461245 T +30.1% 98.4% y -23% 39 + +50.0% BO T +2.6% 11-23 While the above data and statistics relate primarily to pre -owned homes, the new home market is rapidly growing in Anna, Texas, representing approximately 41.3% of all home sales, according to NTREIS. This number could be higher, though, as NTREIS may not have captured all direct builder home sales. Cletetl gel" - By cwbnom Type BM NW e x.,,w m uce.wuw.r,a. ]x xw 'M51•ae% _. Prices per square foot has increased steadily over the last three years, averaging $200 for all types of construction and $199 for new construction. IwM Mu Iv M... im -By Cwuwbn ryp Finally, the total months' of supply has increased dramatically to 2.2 months for all construction types and 3.0 months for new construction. These inventory numbers are still below 6 months which is generally considered to be at equilibrium between supply and demand. Mnnle. suGON M InvenWy• Sy Cane ficnlYW—r«cwm.—ucuu.7aa�]]sn II-24 xw% >en ,le�ano% �ioinnix "� Median days on market has increased over the last year by 40%. M.m.n D., on Wdal-8, U..tru .n)9P. Rule CwP w — All Cpn7v Tym .1p 1. 1., 130E xovE�ew)m 'gR= BI'644'A 'N_ma Kirin S1—�SOOt. 'u Ce..lwmm),n.+ rnwo+. Percent of original listing price received has decreased to 100% in November 2022 from a high of 104% in May 2022. However, this percentage is still considered to be above average. MM.n P.mm mggilul N.-a, CamGu .TY �Xnr ilia Cneeuttn �NCvwy'an ln� The following report was commissioned by the City of Anna to aid in planning for future growth. RSI (Residential Strategies, Inc.) completed the study and determined the following area to be the market area for subdivisions in Anna and surrounding communities. It includes Melissa, Van Alstyne and portions of far north McKinney, such as Van Alstyne. The following map depicts the area covered by their report. II-25 According to RSI, the population within the market area has increased 121 % between 2010 and 2021. It is also projected to increase an additional 77% over the next five years, representing +1-15% annual growth. Similarly, the number of households has grown 120% over the last eleven years and is expected to increase an additional 77% over the next five years. This growth represents an increase of 17,850 households over the next five years, or 3,570 annually. RSI also reported annual new home starts at 3,453 currently with annual new home closings of 2,429. This number will need to increase to meet the demand for new homes and it will be met as existing subdivisions continue to build out and new subdivisions come online. Based on the current proposed and existing subdivisions, total build -out is expected at 58,768 homes with total potential future homesites projected at 42,033. This data suggests that there is approximately 12 years' worth of supply in the pipeline, based on current and planned subdivisions in the market area. However, the RSI report also reports that there are 3,363 vacant lots which have already been platted and are ready to be built on. Additionally, there are 38,670 future lots which have been platted but not developed. These lots will satisfy the anticipated demand over the next five years. Md Population and Hdouseold Growth e%RS1 Current Quarter Estimates. Future Projecuons PanMrMWS[ratryts 5-Mile Radius Goan Tmde Area Population 2Q26 Pmjection- 92,n4 122,435 2QZ4 Pmjeo ion' n.912 IO2,1 17 2QR Pm3euaon' 60,214 80,401 2021 Estimate' So,a81 69.042 2010 Cemru 16,571 3120D Grom62010 ZQZ1 204.65% 121.39% Households ZQ26 Pm3ectfon- 29,937 Q.948 Z024 Pmjection' 25.133 34.153 ZQ22 Pmjection' 19.424 26.890 ZQ21 Estimate' 16,285 23.091 ZD10 Ce. 5,423 10,505 @owth2010.2Q21 200.3n 119.91% New Home Activity SF Houaeheid Graveh Pro)Mjon(I Yeaa) 3,139 3,799 $F Gro h ProjecHon (3 Yea) 8,848 11.062 $F Hous dcl Growth Pmjettim (S.Year) 13.M2 17,857 nomad New Home Starts 2.929 3.453 Annual New Home CloMosp 2,= 2,439 Median New Home Price $334,054 $3111475 vacant Lou 2,885 3.361 Future & Pretommary tau 26.D5 38,67(1 Total Poomfial Fuure lbmesites n0zo Q.033 Total Single Randy Lou 43,101 %,7M 5-Mile Radius Carton Trade Area Restdennal Stra"es, Inc. mn s a quanerty cemia a now lame actedty umghee the DFW metraplea and mnrides lousehdd estimates and pmjections based on this quartetlY review of a tivitY' all estimate and future paJeCtims are for sirgle ramily development and households only. Multl-family gr has not been IntWded. ademW Sva,q,n, I- nNIDaalln... i .IM 1 aaKTeut ee. ,nuemwuassyta.ru 9 on.'.eo. While this report illustrates that single-family development within the Anna market area is active and growing, it also tends to suggest that there is sufficient supply to meet the expected future demand. Conclusion: In conclusion the housing market in Anna and Collin County is strong with steady sales volume and increasing prices per square foot. The inventory in Anna is low with 2 months supply as of November 2022. The average days on the market in Anna has decreased as has the percentage of list price. The existing and proposed subdivisions appear to be capable of meeting current and projected demand for new homes for at least the next 10 years. However, development of subdivisions that are well -located with II-27 good visibility and access will always be marketable and desirable. A development located on the Subject Property location would have good access and would be competitive with the existing and proposed subdivisions in the market area. Depending on price point and builders, it is expected that it would gain its market share of buyers. All of these factors point towards a market that is increasing with supply keeping up and possibly outpacing demand. II-28 LOCAL INFORMATION Introduction The value of the Subject Property is affected by various influences of the surrounding region. Infrastructure, base employment, and overall social, economic, and political conditions in the area form the background against which the property is considered. Environmental Forces Location The Subject Property is located in Anna, Texas, a community of approximately 15,000, north of Dallas, Texas. It is physically located in Collin County in the North Central part of Texas. It is in the Blackland Prairie geographic region of Texas. Collin County is roughly square in shape and covers 886 square miles. The area is primarily drained by the East Fork of the Trinity River which intersects the county from northwest to the southeast. Also, Lake Lavon is formed from the damming of the East Fork. McKinney is the county seat of Collin County and is about 15 miles south of Anna and has been ranked by Money Magazine as the #1 Best Place To Live In America in 2014. Factors considered included employment, schools, crime and safety, as well as overall quality of life aspects such as a feeling of community pride. It is also consistently ranked as one of America's fastest -growing cities. As previously discussed, Collin County is part of the Dallas/Fort Worth/Arlington Metropolitan Statistical Area (MSA). It is also part of the North-Central Texas Council of Governments Planning area. Climate/Time Zone Summer daytime temperatures average 93.5 degrees for July while winter daytime temperatures average 40 degrees. The average annual rainfall is 40.7" and average annual snowfall is 1.4". There are also an average of 232 sunny days and 72 precipitation days. Collin County is in the Central Time Zone of the United States. Population As of the 2020 US Census, Collin County's population was reported to be 1,064,465, making it the 6 h most populous county in Texas. The population in Anna, Texas in 2010 was 8,249. Per the 2020 Census, the population was 15,010 as of 2020 and the reported population for 2022 is 16,721. This is a 82% increase between 2010 and 2020. II-29 , POPULATION: ` ■ 95+ am. zo010cnsus Npma0mc8.249 x�, �, 18-64 2020 Population FsC. 10.010 `o' ■ c16 Employment Collin County has an unadjusted unemployment rate of 3.0% as of October 2022 which is 0.8 points lower than the Texas average of 3.8%. As of October 2022, Collin County has a civilian labor force of 632,991, which is an increase of 4.4% from twelve months ago. Over half of the workforce in Collin County have earner a Bachelor's or advanced degree. For Anna, 32.4% have a Bachelor's degree and 29.3% have some college or an Associate's Degree. EDUCATIONAL ATTAINMENT: 32.4% 1 29.3% 26.9% Ila Diploma 11.5% The chart below lists some of the top employers in Collin County. II-30 Business Employees Texas Instruments 9,100 Bank Of America Home Loans E,000 Plano Independent School District 6,500 Frisco Independent School District 5,000 Capital One finance •• 4,500 LlreCare 4,500 HP Enterprise Services" 4,500 AT&T 4,300 None] 4,300 Toyota Motor Corp. "' 4,000 Raytheon 3,600 Univ. of Texas @ Dallas 3,500 Stonebriar Centre 3,456 Shops at WIIIOW Send 3,240 I.C. Penney • 3,000 Blue Cross & Blue Shield of Texas '• 3,100 Ericsson " 2.650 McKinney Independent School District 2,550 Frito-Lay'+ 2,500 Alcatel -Lucent 2,500 Dell Services'• 2,250 Housing The median home value per ESRI is $221,701 with an average home value of $245,275. There have been 2,738 housing starts since 2014 according to the City of Anna. Median Home Value: S221,701, Median New Home Price: 3134.599 Average Household Sire: 3I?, Housing Starts Since 2014: ZIP CODE: 75409 2.73e Transportation Anna is easily accessed via US Highway 75(a major regional north/south artery), State Highway 121 (a regional highway providing access from Fort Worth and DFW Airport to Bonham and northeast Texas), and State Highway 5 (a north/south regional thoroughfare that intersects Anna). The D/FW area is home to two major airports, Dallas/Fort Worth International Airport (DFW) and Dallas Love Field. DFW is the largest and busiest airport in the state of Texas and the second largest airport in the II-31 country. American Airlines, which has its headquarters adjacent to DFW, was recently named the largest airline in the world in terms of passengers transported and fleet size. DFW has service to a total of 207 destinations worldwide. Love Field is located on the northwest side of the city of Dallas. Southwest Airlines, the largest carrier in the world in terms of passengers carved, is based in Dallas, next to Love Field. Love Field was Dallas' main airport until 1974 when DFW opened. A remodernization project began in early 2009 and was completed in the fall of 2014. McKinney National Airport is located in McKinney, Texas and is one of the largest and most active corporate flight departments in the Dallas area. It is a general aviation reliever airport and supports all civilian flying, except for scheduled commercial passenger airlines. With a new air traffic control tower added in 2011 and a 7000 by 150 foot runway completed in November 2012, it will accommodate virtually all business aviation and many commercial aviation fleet aircraft. The Dallas -Fort Worth area has thousands of lane -miles of freeways and interstates. It has the second largest number of freeway -miles per capita in the nation, behind only the Kansas City Metropolitan Area. North - south interstates include 1-35 and I-45. East -west routes include I-30 and I-20. I-35 splits into I-35E and I- 35W from Denton to Hillsboro; I-35W goes through Fort Worth while I-35E goes through Dallas. I-30 connects Dallas and Fort Worth and I-45 connects Dallas to Houston. HOV lanes currently exist along I- 35E, I-30, I-635, US 67 and US75. 1-20 bypasses Dallas and Fort Worth to the south while its loop, I-820, loops around Fort Worth. 1-635 splits to the north of I-20 and loops around east and north Dallas, ending at SH 121 north of DFW Airport. Education Collin County and the D/FW area is home to multiple higher education institutions from community colleges to universities. Collin County Community College has a campus in McKinney with an enrollment of almost 7,000 students in Fall 2016: University of North Texas, Texas Women's University and North Central Texas College are located within 40 miles in Denton, Texas. The University of Texas at Dallas has a campus in far north Dallas. Several private universities call Dallas their home including Southern Methodist University, II-32 Dallas Baptist University, and Paul Quinn College. Two medical schools are located in Dallas as well: University of Texas Southwestern Medical Center and Baylor University Medical Center. Anna ISD currently enrolls almost 5,000 students in seven schools in the district — Early Childhood Center, four elementary schools, Anna Middle School and Anna High School. Recreation Numerous recreational and cultural activities are available throughout the county. Besides the local parks and trails offered within the city of Anna, other recreational opportunities abound including boating and fishing at Lake Lavon, hike and bike trails at Lake Lavon and Erwin Park (just south in McKinney), hunting during TPWD regulated seasons, and local sports leagues for all ages, ranging from baseball, softball, soccer to lacrosse just to name a few. Historic Downtown McKinney is a part of the Main Street America program and is a major draw for tourism and commerce. McKinney Main Street is dedicated to creating a vibrant and dynamic downtown area through redevelopment, organization and promotion. MPAC (McKinney Performing Arts Center) is the centerpiece of historic downtown McKinney and is located in the historic Collin County Courthouse. It attracts a multitude of cultural and community events throughout the year. II-33 Neighborhood Description: A neighborhood is a grouping of complementary land uses affected by similar operation of the four forces that affect property value. These four forces include social, economic, governmental, and environmental forces. The objective of doing an analysis of the neighborhood is to observe and/or quantify data indicating discernible patterns of growth, structure, and change that may detract or enhance property values. The Subject Property is in a rural location to the west of Anna, Texas. It is west of US Highway 75 and on the south side of FM 455. The Subject's nei hborhood is bordered by the following streets/highways. North: FM 455 South County Road 282 East US Highway75 West East Fork Trinity River Neighborhood Map 0 0 r � , 6 � 0 Tree FaeravlilP Tree Farms ndlers Gardens n Neighborhood Information Frying J Travel Cen©Q i')" QLOv ®•v' rim © © . General Development The neighborhood encompasses a primarily agricultural area that is bordered on the east by US Highway 75. Most tracts of land within the neighborhood are being used for agricultural purposes, either grazing/pasture land or for crop production. Some single-family homes are located within the neighborhood area and are generally located on larger tracts of land, typically a 5-10 acre minimum. ❑-34 According to the City of Anna, the property is located outside the city limits of Anna. It is, however, located within Anna ETJ (Extra Territorial Jurisdiction District). Our research did not indicate any future land use plans except for agricultural. Future thoroughfare plans indicate that County Road 286 is slated to be a major connector road and County Road 284 is scheduled to be a minor collector road. The southern edge of the Subject will also be adjacent to the Collin County Outer Loop. See the following section for the potential impact of this thoroughfare. ArcGl$ • City of Anna Mapping on line trial Mn ip fox',* I BAR ... —p cq Renan 1 Rv r.. •psuMmlAG yrgN_[anJ,. WR. lw t� SInRNhmINRnWrnlv45G1 smRNwmrysGao n The city of Anna has experienced expected to continue to increase by at least 1,000 residents annually over the next several years. —alma 6R/1n1-, Fd Meau•. Ca�nry RonJlfll.Rme, R.]5[0"UN on is The Subject Property is located in a rural area west of US Highway 75 and south of FM 455. Access is provided to the Subject from County Road 286 and County Road 284. County Road 286 is a asphalt -paved county road that runs north/south from FM 455 and takes a right angle turn towards the west at the location of the Subject. The roadway is in average condition and maintained by Collin County. County Road 284 is a gravel paved road that runs east/west from the southbound US Highway 75 service road to County Road 286. FM 455 is just over 1 mile from the Subject. It is a state maintained farm to market road that carries traffic from Celina and Weston to the west, through Anna to State Highway 121. It is a regional thoroughfare that is in average condition and receives a moderate amount of daily traffic. US Highway 75 is to the east of the Subject. US 75 is a major regional interstate carrying traffic north and south from the Dallas area to southern Oklahoma. State Highway 121 is just over 6 miles to the south of the Subject and is a regional state highway. Highway 121 carries traffic from the Fort Worth and DFW Airport area to northeast Texas, including Melissa and Bonham. State Highway 5 is located just over 3 miles from the Subject and is a regional state highway that carries traffic from Dallas to Howe, Texas. It is along the original route of Highway 75 before the interstate was built. II-35 The majority of the land tracts in close proximity to the subject are currently vacant with agricultural exemptions per CCAD records or they are improved with single-family homes and situated on 5-20 acre tracts of land. These improved tracts are also used for agricultural purposes. Collin County Outer Loon Collin County ranks as one of the top growth areas in the state and the nation. Since the 2000 census, the county's population grew more than 52 percent by 2009, including massive private and commercial development. In this light, Collin County officials continue to evaluate and prepare for the next major outer - loop thoroughfare. In December 2002, Collin County initiated the Outer Loop Alignment Study to develop various alignments within and along a 3,000-foot-wide corridor. The study identified a locally preferred alignment in order to determine right-of-way needs for the road to be built when the time comes. Most recently, Commissioners approved contracts with local engineering firms to refine the technically preferred alignment and finalize the engineering design of several segments of more than 50 miles of Collin County's portion of the regional outer loop. Depicted in the drawing below is the current master plan for the Collin County Outer Loop. 4Collin County Outer Loop Legend 5 Numbered Saomenb 1 U575-SH 121 2 FM6-Rockwell Go. 3 UNT - US 75 4 US 380 - FM 6 11 5 SH 121-US 360 0 ] < 6 a Per our review of related documents and Collin County's proposed plans, the subject property is located along the northern side of the Collin County Outer Loop, Segment 3. If current plans proceed, the Subject Property may be to the immediate north of the Outer Loop, just outside of the Right -of -Way. Currently only Segment 1 has been completed. Segment 2 is in the planning stages but no work or right-of-way purchases have been completed as of date. Per our conversation with Jeff Durham at Collin County, Segment 3 construction may begin before Segment 2 is completed but there is no projection when any construction 1I-36 might begin as funding is not in place at this time. Also, construction of Segment 3 is likely to begin closer to the Dallas North Tollwav than US 75. An undated schematic or timeline may be available in 12 months. The map above shows in detail the location of the Subject Property to the Outer Loop (indicated by bright green line). The Subject Property is expected to be to the immediate northwest of the Loop. Also, other properties owned by the same owner are in even closer proximity to the Loop and an even greater impact may be felt by the Subject if the parcels are combined or sold as a whole. Neighborhood Summary: The salient facts for the Subject's neighborhood are summarized below: Neighborhood Life Stage Growth Population Trend Growth Range in Improvement Ages New to 50 years Public Transportation Bus; rail; highway Development Build-up +/- 10% Maintenance/Condition Average to Good Property Compatibility Good Appeal/Appearance Average Protection/Adverse Appearance Average Development Potential Average n-37 Neighborhood Access Average Police/Fire Average as compared to other neighborhoods in this market area. Supply/Demand Supply exceeds Demand Development Trend Vacant land to residential use Value Trend Stable to Increasing Employment Stability Average to Good Vacancy Trend Decreasing Demographics A study by Site To Do Business (STDB) in December 2022, based upon the 2010 census data and forecasted figures for 2022 and 2027, analyzes the population within a five -mile radius of the subject property and includes the subject neighborhood. The following is a summary of the demographic data. II-38 (pesri- 7701-6199 CR-286, Anna, Texas, 754D9 Prepared by Esrl Rings: 1, 3, 5 mile radii 5�55 5 65S ?AG? Anna Weston 455 v Chambersvdle 5,. Melissa 4y 0 0.6 -1.6 Parks ife. M HERE. Gannin. SafeGraph. GeoTerhnologies, Inc, ME 111HASA USGS. EPA, NIPS, USDA v 11-;9 229; December 12, 2022 esri community Profile 7701.8199 CR-286, Anna, Texas, 75409 Prepared by Esri Rings: 1, 3, 5 mile radii - .. 1 mile 3 miles 5 miles Population Summary 2010 Total Population 83 5,926 16,058 2D20 Total Population 117 14,379 36,531 2020 Group Quarters 0 0 24 2D22 Total Population 123 16,894 45,271 2022 Group Quarters 0 0 17 2027 Total Population 191 24,014 60,151 2022-2027 Annual Rate 9.20% 729% 5.85% 2022 Total Daytime Population 95 12,260 32,491 Workers 30 3,353 9,116 Residents 65 8,907 23,375 Household Summary 2010 Households 20 1,948 5,325 2010 Average Household Sire 4.15 3.04 3.01 2020 Total Households 28 4.536 11.642 2020 Average Household Size 4.18 3.27 3.14 2022 Households 29 5,289 14,373 2022 Average Household Size 4.24 3.19 3.15 2027 Households 46 7,S45 19,266 2027 Average Household Size 4.15 3.18 3.12 2022-2027 Annual Rate 9.67% 7.36% 6.03% 2010 Families 16 1,606 4,363 2010 Average Family Size 4.75 3.36 3.33 2022 Families 23 4,222 11,486 2022 Average Family Size 4.65 3.62 3.55 2027 Famiies 36 5,982 1S,370 2027 Average Family Size 4.64 3.63 3.52 2022-2027 Annual Rate 9.37% 7.22% 6.0096 Housing Unit Summary 200D Housing Units 19 822 2,453 [inner Occupied Housing Units 73.7% 74.9% 75.6% Renter Occupied Hgusng Units 15.8% 17.4% 17.4% Vacant Housing Units 10.5% 7.7% 7-0% 201D Housing Units 23 2,105 5.720 Owner Occupied Housing Units 73.9% 80.4% 77.9% Renter Occupied Housing Units 13.0% 12.2% 15.2% Vacant Housing Units 13.0% 7.5% 6-9% 2020 Housing Units 32 4,753 12,226 Vacant Homing Units 12.5% 4.6% 4.8% 2022 Housing Units 33 5,496 15,011 Owner Occupied Housing Units 75.8% 81.8% 80.5% Renter Occupied Housing Units 12.1% 14.4% 15.3% Vacant Housing Units 12.1% 3.8% 4.3% 2027 Housing Units 51 7,969 20,304 Owner Occupied Housing Units 76.5% 84.2% 82.9% Renter Occupied Housing Units 13.7% 10.5% 12.0% Vacant Housing Units 9.8% 5.3% 5.1% Median Household Income 2022 S115,546 $105,096 $104,757 2027 $117,327 $117,997 $115,975 Median Home Value 2022 $455,556 $355,006 $353,733 2027 S446,429 $383,003 $374,883 Per Capita Income 2022 $52,764 $42,008 $40,864 2027 $59,055 $49,112 $47,947 Neftn Age 2010 45.8 32.7 33.0 2022 49.1 3S.2 35.5 2027 47.8 35.9 35.5 Data Nola Household Powlaton includes pecans rwt ms:dmg in group 4uerten. Average hix f bdd six A the houxhold Pep iud.n i iM<d by told ho is '. lkr m In fsfth s imluae pie hauulsolder aM Ramon moved to tm, wm,s Older by both, marriage, or adoption. Per Capita lnca a mpresmb the uxane relived by a Ramon, aged 15 years end orrr cWhIM by the trial mpulatlon. Scarce: ryri fomcom fa 2022 BM 2f127. U.S. Census Bureau 2000 aM 2010 Gxennlal Census Beta canoe by lb r Imo 2020 geigmphy. December 12, 2022 1140 !i�w� � Community Prc 7701-8199 CR-286, Anna, Texas, 75409 Rings: 1, 3, 5 mile radii Prepared by Csn 1 mile 3 miles 5 miles 2022 Households by Income Household Income Base 29 5,289 14,373 4$15,000 6.9% 1.7% 1.6% $15,000 - $24,999 0.D% 1.1% 2.7% $25,000 - $34,999 3.4% 3.7% 3.7% $35,000 - $49,999 3.4% 8.0% 8.1% $50,000 - $74,999 13.8% 12.9% 13.2% $75,000 - $99,999 13.8% 18.8% 16.7% $100,000 - $149,999 17.2% 24.2% 26.5% $150,000 - $199,999 20.7% 172% 16.0% $200,000+ 17.2% 12.4% 11.5% Average Household Income $146,386 $133,189 $129,441 2027 Households by Income Household Income Base 46 7,545 19,266 <$15,000 2.2% 1.1% 1.0% $15,0410 - $24,999 0.0% 0.9% 1.6% $25,000 - $34,999 2.2% 2.3% 2.3% $35,000 - $49,999 4.3% 4.9% 4.8% $50,000 - $74.999 13.0% 10.4% 30.9% $75,000 - $919,999 17.4% 17.3% 16.6% $100,000-$149,999 21.7% 27.4% 29.1% $150,000 - $199,999 17.4% 202% 19.0% $2DO,000+ 19.6% 1S4% 14.7% Average Household Income $160,392 $154,179 $150,732 2022 Owner Occupied Housing Units by Value Total 25 4,495 12,080 <$50,000 0.0% D.3% O.S% $50,000 - $99,gg9 0.0% 0.3% 0.3% $100,000-$149,999 0.0% IA% 0.7% $150,000-$199,999 0.0% 5.2% 3.7% $200,000 - $249,999 4.0% 12.3% 13.5% $250,000 - $299,999 4.0% 11.5% 10.3% $300,000 - $399,999 20.0% 34.9% 39.1% $400,000 - $499,999 36.0% 2L2% 18.9% $S00,000 - $749,999 20.0% 8.3% 9.4% $750,000 - $999,999 8.0% 1.2% 1.4% $1,000,000 • $1,499,999 4.0% 1.4% 1.3% $1,500,000 - $1,999,999 0.0% 0.6% 0.4% $2,000,000+ 0.0% 0.6% 0.5% Average Home Value S517,708 $396,146 $394,254 2027 Owner Occupied Housing Units by Value Total 39 6,707 16,824 <$50,000 0.0% 0.1% 0.1% $50,000 - $99,g99 0.D% 0.0% 0.0% $100,000 - $149,999 0.0% 0.1% 0.1% $150,000 - $199,999 0.0% 1.2% 0.9% $200,000 - $249,999 2.6% 7.8% 8.6% $250,000 - $299,999 5.1% 10.8% 9.8% $3D0,000 - $399,999 23.1% 36.1% 40.7% $400,000 - $499,999 35.9% 283% 24.6% $500,000 - $749,999 23.1% 11.6% 111% $750,000 - $999,999 5.1% 0.9% 1.0% $1,0D0,000 - $1,499,999 0.0% 1.7% 1.2% $1,500,000 - $1,999,999 0.0% 0.8% 0.5% $2,000,000 ♦ 0.0% 0.5% 0.4% Average Home Value $475,676 $430,517 $418,940 Deb Hate: hcane reprasmts Ura prece Rn, year, to adsad in current dallam. Hmwhold income modudes wage and salary a,mings, irnered dividends, net rerts, pensions, SSI and wa fare payments, Chad support, and alenany. Sourrn: �i fanutdts far 2012 and 2027. U.S. Census Bumau 2000 and 2010 decennial Carden data wnverted by rsri into 2020 geography. December 12, 2022 1141 O VL m IMu 1:1 - p N b M '1 N H b p O Ifl M ry P p p 1� P P m N Y1 N N ti W N ^1 p W N p N O P N P W N M N Q b N N N M N L d a G IP,I���c'dti"c 99 9.R zp; a2`c'�`e's���'r �*N.a�a�`a"da, .p w��� Ibiln nWi n.l P N P P b Vt W O N P p O dp O VI YI W P' N ul N- N N p O O p b P p, 11 V1 N P N P P M P E N a P W C Li NZ P Ill w 6ri M W N b N M 1G w H t; M C 6p n W ad Mi Q O W p OO i`I N N 0 W N M e e � � �` g O' 0` J' e p p b b P * '- b e c P N N b b N N O c 10 N f 1O Q Q Q 4 IO W N N W p I!1 b 1l1 W N P 10 N n � N F bW 7 E u '^ P I'I P �I ti W N • O P C �a •L s a a a a .Q.QI*I�I�i� v� '$ aa,ylSSl$nS Q@ppRR pp Qp N N $ Q P o N .4 . N 11 p P w N W p P .{ p P # O o� N N Y1 Ill YI 1l1 Y1 t 6 N N VI N N N N N� 6 �N �o N N N 1I1 N Ill VI O O VI N M p b b N W O V1 �1 �1 IV M Q Vl \0 N W ^ y O Ill N M p Ill 10 N W Q E E n jp E 2� NS 2 esn' e • - 7701-8199 CR-286, Anna, Texas, 75409 Rings: 1, 3, 5 mile radii 2010 Population by Rare/Ethnicity Total White Alone Black Alone American Indian Alone Asian Alone Pacific Islander Alone Some Other Race Alone Tvm or More Races Hispanic Origin Diversity Index 2020 Population by Race/Ethnicity Total White Alone Black Alone American Indian Alone Asian Alone Pacific Islander Alone Soma Other Race Alone Two or More Races Hispanic Origin Diversity Index 2022 Population by Race/Edmicity Taal White Alone Black Alone American Indian Alone Asian Alone Pacific Islander Alone Some Other Race Alone Two or More Races Hispanic Origin Diversity Index 2027 Population by Race/Ethnicity Taal Whim Alone Slack Alone American Indian Alone Asian Alone Pacific Islander Alone Some Other Race Alone Two or Mare Races Hispanic Ongin Diversity Index 2010 Population by Relationship and Household Type Total In Households In Family Households Householder Spouse Child Other relative Nonrelative In Nonfamily Households In Group Quarters Institutionalized Population Nonvisdbrtionalized Population Prepared by Esri 1 mile 3 miles S miles 84 5,926 16,658 94.0% 84.2% 83.1% 1.2% 5.9% 5.5% 0.0% 1.0% 1.0% 0.0% 0.7% 0.7% 0.0% 0.1% 0.1% 2.4% 5.1% 6.8% 2.4% 3.1% 2.9% 8.4% 14.2% 16.1% 23.3 45.9 49.0 117 14,379 36,531 80.3% 65.6% 66.8% 3.4% 11.5% 11.0% 0.9% 0.9% 1.0% 1.7% 3.8% 3.3% 0.0% 0.1% 0.1% 3.4% S.6% 5.6% 11.1% 12.5% 12.1% 12.8% 17.3% 17.5% 48.7 66.9 66.0 123 16,895 45,272 78.9% 64.8% 65.9% 3.3% 11.5% 11.0% 0.8% 1.0% 1.1% 1.6% 3.8% 3.4% 0.0% 0.1% 0.1% 4.1% 6.0% 6.0% 11.4% 12.9% 12.5% 13.0% 17.8% 18.0% SO.6 67.8 67.1 191 24,014 60,150 77.5% 63.0% 64.2% 3.1% 11.7% 11.0% 0.5% 0.9% 1.2% 1.6% 4.5% 3.8% 0.0% 0.1% 0.1% 4.7% 6.1% 6.49b 12.6% 13.6% 13.4% 14.1% 17.3% 18.1% 53.1 68.9 68.5 83 5,926 16,058 1D0.0% 100.0% 99.9% 92.8% 92.8% 92.4% 30.1% 27.0% 27.0% 26.5% 22.7% 22.5% 31.3% 37.5% 36.8% 3.6% 3.9% 4.1% 1.2% 1.7% 2.0% 8.4% 7.2% 7.5% D.0% 0.0% 0.1% 0.0% 0.0% 0.1% 0.0% 0.0% 0.1% Data NOR: Pawns or He rik: Uryu may be of any ram. The Dn n,.q IrMex mexurea tR prolabAt, that Ina laapk rmm the same arse will he from di femnl rxj ethnic 9mups. Source: Esi farckests for 2022 end 1022 US, Cenwx 0ureau 2000 end 2010 de nisi Ccreu� uU cmnened by E-i into 2020 yeoaraphy. December 12, 2022 IIA3 Community Prc IIUI-519V LX-Zlab, Anna, Texas, 75409 Rings: 1, 3, 5 mile radii Prepared by Esri 1 mile 3 miles 5 miles 2022 Population 25+ by Educational Attainment Total 92 10,682 28,839 Less than 91h Grade 4.3% 2.0% 3.0% 9th - 12th Grade, No Diploma 3.3% 3.1% 3.9% Nigh School Graduate 25.0% 22.6% 23.0% GED/Altemative Credential 4.3% 2.7% 2.9% Some College, No Degree 15.2% 20.0% 18.0% Associate Degree 6.5% 12.2% 11.8% Bachelor's Degree 27.2% 22.7% 23.0% Graduate/Professional Degree 14.1% 14.6% 14.5% 202.2 Population 15+ by Marital Status Total 105 12,674 34,126 Never Married 17.1% 25.1% 25.9% Married 73.3% 65.0% 64.0% Widowed 4.8% 2.9% 3.3% Divorced 4.8% 7.0% 6.8% 2022 Civilian Population 16+ in Labor Force Civilian Population 16+ 58 8,244 22,646 Population 16+ Employed 98.3% 98.0% 97-7% Population 16+ Unempoyment rate 1.7% 2.0% 2.3% Population 16-24 Employed 8.8% 10.6% 11.0% Population 16-24 Unemployment rate 0.0% 8.5% 8.8% Population 25-54 Employed 56.1% 68.9% 68.6% Population 25-54 Unemployment rate 0.0% 1.2% IA% Population 55-64 Employed 28.1% 17.1% 17.1% Population 55-64 Unemployment rate 0.0% 1.4% 1.5% Population 654 Employed 7.0% 3.3% 3.3% Population 65+ Unemployment rate 0.0% 0.0% 0.1% 2022 Employed Population 16+ by Industry Total 57 8,080 22,135 Agriculture/Mining 1.8% 1.2% 1.2% Construction 10.5% 5.7% 7.8% Manufacturing 10.5% 7.7% 7.6% Wholesale Trade 0.11% 2.5% 2.7% Retail Trade 8.8% 13.6% 12.8% TmrsportationfUtihties 8.8% 5.8% 6-9% Information 3.5% 2.79A 2.2% Financg/Insurance/Reai Estate 10.5% 9.7% 9.6% Services 42.1% 46.1% 45.3% Public Administration 5.3% 5.0% 3.9% 2022 Employed Population 16+ by Occupation Total 59 8,080 22,135 White Cellar 66.7% 71.3% 68.4% Management/Business/Financial 26.3% 22.1% 21.1% Professional 21.2% 28.3% 26.3% Sales 7.0% 9.6% 9.0% Administrative Support 12.3% 11.2% 12.0% Services 14.0% 11.7% 11.4% Blue Collar 22.8% 17.0% 20.3% Farming/Forestry/Fishing 0.0% 0.0% 0.1% Unstructien/Extraction 7.0% 3.S% 5-1% Installation/Maintenancefimpair 3.5% 2.5% 2.3% Production 5.3% 2.1% 3.3% TrmtsportatinNMatenal Moving 7.0% 8.9% 9.6% Source: Evi lb euu;ts f> 2013 rud 2027. U5. Census Bu,aeu 2000 eM 2010 decennial Census 4ere WWx d by Esri Into 2020 gea9rephy. December 12, 2022 IIA4 ����,� � Community Prc 7701-8199 CR-286, Anna, Texas, 75409 Rings: 1, 3, 5 mlle radii Prepared by Esri 1 mile 3 miles S miles 2010 Households by Type Total 19 1,949 5,325 Households with 1 Person 15.8% 14.1% 14.4% Households with 2+ People 84.2% 85.9% 85.6% Family Households 84.2% 82.4% 81.9% Husband -wife Families 78.9% 69.2% 68.4% With Related Children 31.6% 39.8% 38.4% Other Family (No Spouse Present) 10.5% 13.2% 13.6% Other Family with Male Householder 5.3% 4.3% 4.3% With Related Children 0.0% 2.9% 2.7% Other Family with Female Householder 53% 8.9% 9.3% With Related Children 0.0% 6.2% 6.4% Nonfamily Households 0.0% 3.5% 3.7% All Households with Children 30.0% 49.3% 46.0% Muldgenerational Households S.O% 5.1% 5.4% Unmarried Partner Households 0.0% 5.2% 5.2% Male -female 0.0% 4.5% 4.6% Same -sex 0.0% 0.7% 0.6% 2010 Households by Size Tatal 20 1,949 5,326 1 Person Household 15.0% 14.2% 14.4% 2 Person Household 45.0% 31.3% 31.4% 3 Person Household 15.0% 18.1% fill 4 Person Household 15.0% 18.6% 18.8% 5 Pelson Household 10.0% 10.7% 9.6% 6 Person Household 0.0% 5.1% 4.4% 7 + Person Household ill 2.0% 2.4% 2010 Households by Tenure and Mortgage Status Total 20 1,948 5,325 Owner Occupied 85.0% 86.9% 83.7% Owned with a Mortgage/Loan 55.0% 72.1% 67.6% Owned Free and Clear 35.0% 14.7% 15.9% Renter Occupied 25.0% 13.1% 16.3% 2022 Affordability, Mortgage and Wealth Housing Affordability Index 0 117 117 Percent of Income for Mortgage 0.0% 17.8% 17.8% Wealth Index 191 136 127 2010 Housing Units By Urban/ Rural status Total Housing Units 23 2,105 5,720 Housing Units Inside Urbanized Area 0.0% 30.7% 28.9% Housing Units Inside Urbanized Cluster 0.0% 40.6% 39.9% Rural Housing Units 100.0% 28.7% 31.2% 2010 Population By Urban/ Rural Status Total Population 83 5,926 16,058 Population Inside Urbanized Area 0.0% 32.1% 29.9% Population Inside Urbanized Cluster 0.0% 44.0% 43.1% Rural Population 100.0% 23.9% 27.0% Data Mate: Households with cltaunm wds any households with people older age 18, restated m not. Multigerlra0orlal houuholds are lamifes nth 3 or man: p oenl- child lititionshyn. Unmankd partner households ue Usually dessiTld as naufemihy housNWldf unless thN! Is aactllr member N the houselaoH related to the Ixluholdw. MNUgenerelional and umnarded panne households a mponctl only to the tract IeM. Es! estimated blank getup data, whUl is used to estinute ptlygons ar non,uandatd geography. Source: Earl /arecests for M22 and 2027. U.S. Census Bureau 2" and 2010 deoennial Census date corwer uad by F Into 2020 geography. December 12, 2022 11-45 1pesri- 7701.8199 CR-286, Anna, Texas, 75409 Rings: 1, 3, 5 mile radii Top 3 Tapestry Segments 1. 2. 3. 2022 Consumer Spending Apparel & Services: Total S Average Spent Spending Potential Index Education: Total $ Average Spent Spending Potential Index EntertalnmenUReneation: Total$ Average Spent Spending Potential Index Food at Home: Total; Average Spent Spending Potential Index Food Avray from Home: Total; Average Spent Spending Potential Index Health Care: Total S Average Spent Spending Potential Index HH Furnishings & Equipment: Total S Average Spent Spending Potential Index Personal Care Products & Services: Total S Average Spent Spending Potential Index Shelter: Total $ Average Spent Spending Potential Ind. Support PaymenWCash Contributions/Gifts in Kind: Total g Average Spent Spending Potential Index Travel: Total; Average Spent Spending Potential Index Vehicle Maintenance & Repairs: Total $ Average Spent Spending Potential Index Prepared by Esn 1 mile 3 miles 5 miles Green Acres (6A) Up and Caning Famllles (7A) Up arc! Coming Families (7A) womicuros(IC) Boomburbs(IC) Green Alms (6A) Green Acres (6A) $98,128 $16,014,657 *42,202,339 $3,383.72 $3,027.92 $2,936.22 140 126 122 $80,470 $11,879,520 $31,641,864 $2,774.83 $2,246.06 $2,203AR 141 115 112 $155,638 $24,279,142 ;64r191,598 $5,366.83 $4,590.50 $4,466.12 146 125 122 $249,105 $39,705,013 $104,696,266 $8,589.83 $7,507.09 $7,294.21 139 121 118 $172,953 $28,883,584 $76,017,994 $5,963.90 $5,461.07 $5,288.94 138 127 123 $306,836 $46,489,898 $122,949,798 $10,580.55 $8,799.92 $81 149 124 121 $109,502 $17,771,646 $46,814,080 $3,775.93 $3.360.11 $3,257.08 147 131 127 $42,381 $6,817,870 $17,980,359 $1,461.41 $1,289.07 $050.98 143 126 123 $914,659 $149,191,433 $393,436,677 $31,539.97 $28,207.87 $27,373.32 138 123 120 $116,946 $20,008,269 $52,Sll 33 $4,032.62 $3,783.00 $3,662.84 148 139 134 $124,755 $19,813,S41 $54399,039 $4,301.90 $3,746.18 $3,645.66 150 130 127 $52,296 $8,525,451 $22,417,674 $1,803.31 $1,611.92 $1,559.71 143 128 124 paU Note: C... spending sh the amount sport on a venety ot g da and u,-irn by hwxhobs that reside in me arm. &,endxurn are ooxn by b oad budget ca egorin that an not nut lty "dusive. Canaumer (pending does not "wl busmen revenue. Tana and Average Anvi nt Spent Per Houmoold mpmS ra annual figures. The SpeMhag Potential Ind" mpnaems the amount Sped in the area mutivt to a national axrege gl 100. Source: Comuner Spend" data an delved from tie 2016 and 2819 Consumer ExpendiWn Surveys, Bureau or Labor SIa451ir5. Bill- S..: Eni forenoon ra 2022 am 2027- US. Census Bureau 2000 am 2010 decnnial Cann. data rnmnted by firs into 2020 geography. December 12, 2022 11-46 Summga of Demographics The population within a one -mile radius is projected to grow 9.2% annually over the next five years, in comparison to an annual growth of 5.8% in the five -mile radius. The average household size within a one - mile radius is 4.24 with 33 housing units. The median age is 49 and the average household income is $1165000. 92% of the occupants have a high school diploma and 41% have a bachelor's degree. 73% of the population is married with 84% in a family household. Neighborhood Traffic Count/Profile US Highway 75 is a major arterial highway which carries traffic north and south from Dallas. Daily traffic counts are around 40,000. State Highway 121 is a major arterial highway that carries traffic east and west. Daily traffic counts are approximately 25,000. FM 455 carries traffic east and west through the neighborhood. Traffic counts are just over 2,000 daily. The following reports detail the daily traffic counts for the roadways surrounding the subject property. II47 Oesr'i- 7701-8199 CR-286, Anna, Texas, 75509 Rings: 1, 3, 5 mile radii ]]56 Weston 16,0v0 0 0.8 1.6 �i��l Prepared by Esn Anna Esn. HERE, Gannin, SafeGraph. GeoTechnologies, Inc METI/NASA USGS. EPA NP5. USDA Average Daily Traffic Volume 1 �1- Up to 6,000 vehicles per day 6,001 - 15,000 Q e 15,001 • 30,000 I_zas I ♦ 30,001 - 50,000 ♦50,001 • 100,000 AMore than 100,000 per day source: 2E., ti: L et fC] 2SSi. December 12, 2022 II-08 Weston 16,0v0 0 0.8 1.6 �i��l Prepared by Esn Anna Esn. HERE, Gannin, SafeGraph. GeoTechnologies, Inc METI/NASA USGS. EPA NP5. USDA Average Daily Traffic Volume 1 �1- Up to 6,000 vehicles per day 6,001 - 15,000 Q e 15,001 • 30,000 I_zas I ♦ 30,001 - 50,000 ♦50,001 • 100,000 AMore than 100,000 per day source: 2E., ti: L et fC] 2SSi. December 12, 2022 II-08 ������ Traffic Count Prc 7701-8199 CR-286, Anna, Texas, 75409 Rings: 1, 3, 5 mile radii Prepared by Esn Dfstenm: Street: Closest Cross -street year of Count: Count: 0.96 Co Rd 363 Telephone Rd (0.04 miles SW) 2009 190 1.16 Co Rd 366 Pecan Grove Dr (0.49 miles E) 2009 70 1.3S Co Rd 284 Co Rd 286 (0.24 miles W) 2009 10 1.39 County Road 827 (0.0 miles ) 2004 20 1.39 Co Rd 364 Hwy 75 Access Rd (024 miles W) 2009 80 1.56 Telephone Rd Co Rd 282 (0.62 miles N) 2009 30 1.75 Co Rd 285 Diamond 1 Rd (0.32 miles N) 2009 10 1.78 Taylor Blvd Co Rd 367 (0.09 miles E) 2DO9 670 1.97 Trailridge Dr Pox Hollow Ln (0.14 miles E) 2004 100 2.OS Co Rd 206 Co Rd 205 (0.26 miles N) 20G4 620 2.08 FM 455 Co Rd 287 (0.11 miles SE) 2009 1,590 2.10 Co Rd 367 Twin Creeks Cir (0.08 miles W) 2009 680 2.13 Co Rd 206 Co Rd 281 (0.17 miles NW) 2004 NO 2.18 West White Street FM 455 (0.11 miles S) 2020 6,257 2.18 West White Street Hwy 75 (0.11 miles E) 2019 4,43S 2.20 Co Rd 209 Co Rd 206 (0.18 miles S) 2004 160 2.22 Co Rd 279 Co Rd 206 (0.24 miles W) 2009 50 2.25 Co Rd 364 Co Rd 365 (0.2 miles E) 2099 70 2.26 Co Rd 279 Co Rd 280 (0.17 miles E) 2009 60 2.34 Co Rd 280 Co Rd 279 (0.12 miles W) 2009 120 2.41 E FM 455 W FM 455 (0-35 miles E) 20M 9,810 2.50 Melissa Rd Hwy 75 A, Rd (0.11 miles W) 2DO9 1,840 2.50 TX 121 FM 455 (0.28 miles S) 2020 42,865 2.57 Telephone Rd Pvt Rd 5167 (0-77 miles S) 2D09 40 2.61 Co Rd 288 FM 455 (0.17 miles W) 2009 5o 2.62 Co Rd 368 FM 455 (0.34 miles S) 2004 20 2.64 McKinley St Keever Main (0-04 miles SW) 2012 5,2DO 2.6S McKinney Street McKinley St (0.14 miles W) 2020 7,683 2.75 N Central St Santa Fe St (0-07 miles 5) 2009 240 2.77 Co Rd 210 Co Rd 209 (0.48 miles W) 20D9 370 Data Note:The Traffic Profile displays up to 30 of the closest available traffic counts within the largest radius around your site. The years of the counts in the database range from 2021 to 20D6. Esri removes counts that are older than 2000 from the Kalibrate pravlded database- Traffic counts are identified by the street on which they were recorded, along with the distance and direction to the closest cross -street Distances displayed as 0.00 miles (due to rounding), are closest to the site. A traffic count is defiruid as the two-way Average Daily Traffic (ADT) that passes that location. Source: 02022 Kallbrate Technologies (Q3 2022). December 12, 2022 11-49 SUBJECT PROPERTY ANALYSIS Tract North side of County Road 286 and east of East Fork Trinity River, Anna, Collin County, Texas (See following map) Legal See Individual Tract Descriptions below Description Dimensions Lregular — See Individual Tract Descriptions below Land Area 38.437 Acres out of 206.48 acres (total acreage for tracts) Shape Irregular Topography Flat to rolling terrain with river frontage Streets Frontage along the north side of County Road 286 and the east side of the East Fork Trinity River Utilities Rural electric and water assumed to be available at road. Flood Zone According to FEMA map 48085CO155J dated 6/2/09, the Subject Property is mostly located in the 100-year Flood Plain. Zoning/Deed Subject property is located outside of the City of Anna and there is no zoning. Current use is Restrictions agricultural. Easements/ Existing easement along CR 286 Encroachments Environmental No Environmental assessment or soil study of the subject site was provided to the appraiser, however, an inspection of the neighboring properties does not indicate any hazardous material or problems associated with the soil. The value contained in this report is based on the assumption that there are no Environmental concerns with respect to the subject property. Improvements None Comments The subject property is located on the west side of US Highway 75, southwest of Anna and to the immediate north of the proposed Collin County Outer Loop. The Subject Property tracts do not have direct frontage on the Outer Loop but is close enough to benefit from the increased access and visibility once the Loop is completed. Overall, the Subject Property is located in a rural area that has not started to see any major development yet. Its access and visibility overall will make it attractive for single-family development, given sufficient demand. Tract 1 Water Reclamation Site — Fee Simple Purchase Legal 28.096 acres out of Abstract A0677 Bastain Oliver Survey, Tract 144.0 acres and Tract 2 56.0 Description acres, Collin County, Texas Dimensions Regular — See Map to follow Land Area 28.096 acres Shape Regular rectangular Topography Flat to rolling terrain Streets CR 286 Utilities Rural electric and water assumed to be available through adjacent tracts Flood Zone According to FEMA map 48085C0155J dated 6/2/09, a portion of the western side of tract is located in the 100-year flood plain. Improvements None Comments This is the site to be acquired in Fee Simple Estate for a water reclamation site. Total area is 28.096 acres according to survey provided by Client. Survey also shows location of flood plain. Tract has frontage on north side of CR 286 Tract 2 Permanent Easement — Effluent discharge pipeline easement Legal Description 3.304 acres out of Abstract A0677 Bastain Oliver Survey, Tract 2, 56.0 acres, Collin County, Texas Dimensions Regular — See Map to follow Land Area 3.304 acres Shape Regular rectangular Topography Flat to rolling terrain Streets None Utilities Rural electric and water assumed to be available through adjacent tracts Flood Zone According to FEMA map 48085C0155J dated 6/2/09, 100% of the tract is located in the 100- year flood plain. Improvements None Comments This is the permanent easement that is to the immediate west of the water reclamation site and connects to the permanent easement that runs basically north and south. Tract 3 Permanent and Temporary Construction Easements for Sanitary Sewer Pipeline Legal Description 1.824 acres out of Abstract A0677 Bastain Oliver Survey, Tract 2, 56.0 acres; and 5.213 acres out of Abstract A158, H T Chenoweth Survey, Sheet 2, Tract 4, 106.48 acres Dimensions Irregular — See Individual Map to follow Land Area 7.037 acres total 3.365 acres — permanent easement 3.672 acres — temporary easement III-2 Shape Irregular Topography Flat to rolling terrain; Slopes towards the west where property fronts along East Fork Trinity River; Tract is mostly treed along river frontage Streets No direct street frontage; frontage on East Fork Trinity River and Hurricane Creek Utilities Rural electric and water assumed to be available through adjacent tracts Flood Zone According to FEMA map 48085C0155J dated 6/2/09, the Subject Property is mostly located in the 100-year Flood Plain. Zoning/Deed Subject property is located outside of the City of Anna and there is no zoning. Current use is Restrictions agricultural. Comments Property has frontage on the East Fork Trinity River and is mostly in the floodplain. No direct road frontage. This is to be a sanitary sewer easement that runs alongside both Hurricane Creek and the East Fork Trinity River. Both the permanent and temporary easements are each 40' wide and run adjacent to each other. III-3 Tax Exhibit Summary of Tax Parcel Tract 1 2 3 Tax Parcel ID 1001935 1018687 1018678 Total Acreage 106.480 56.000 44.000 206.480 Improvements - - - 2022 Appraised Value Land $ 1,171,280 $ 728,000 $ 1,100,000 $ 2,999,280 Improvements $ - $ - $ - $ - Total $ 1,171,280 $ 728,000 $ 1,100,000 $ 2,999,280 Value/Acre (Land Only) $ 11,000 $ 13,000 $ 25,000 $ 14,526 Value/SF (Improvements) N/A N/A N/A Exemption Amount $ 1,160,419 $ 723,912 $ 1,092,520 $ 2,976,851 2022 Assessed (Taxable) Value $ 10,861 $ 4,088 $ 7,480 $ 22,429 The Subject Property is currently owned John H Rattan or various entities owned by John Rattan and is appraised for Ad Valorem tax purposes by Collin Central Appraisal District. The information above is for the full tracts, not just the reclamation site and easements. A new parcel will be created after recording for the reclamation site and will be tax exempt as new owner will be City of Anna. The easements will remain with the original tracts as owned by John Rattan et al. The tax rates are set in October of each year. Therefore, the tax rates for 2022 for the taxing authorities are as follows: Taxing Jurisdiction 2022 Tax Rate per $100 Collin County 0.152443 Anna ISD 1.442900 Collin College 0.081220 Total 1 1.676563 In Texas, real property is required by law to be assessed at 100% of its estimated market value. However, the property has a 1-D-1 agricultural exemption. Based on the combined assessed value of $22,429, the 2022 property tax liability is estimated to be $376.04. Without the agricultural exemption, the tax liability would be $50,285. This is tax amount for the full tracts — not just the easements and the site to be purchased. After recording, the easements will continue to be owned by John Rattan or the Estate of Dow Rattan and will be taxed by the above entities. However, the site to be purchased will be owned by City of Anna and will be exempt from property taxes. y; pym'.n Idaiktt a55 tors,.emQ '. - Lone Star Dog Ranch 0 �s Walmart SuoercenterQ Weston Anna ' :es �Q Brookshire s 9 54hne St LWNW St I-W ©. h .. Q E 0 £ 0 Cedar Mead s,�� � ao • Rl Ouler 4+R0 CMLn Counl%Omer Loop o O M Chandlers Gardens_- 0 O O ^o CommunityMed Farnlly Urgent Care -Melissa QPerry Homes - liberty?0 - 'ineyard Ta �s The Texas Melissa Q 0 � ports Sports Village.V x ® Roland Q Lennar at Preserve at Honey Creek Wevon Rd Buc-ee's,� zm R3c2Trar. ps z - iee City Church MelissaQ ver Resort " 0 9 � v E _ a e u m a Y - LL W ry 10 E9sI N� Tract Map (Please note that boundary lines depicted in map below are approxmate and should not be relied instead of survey. The map is provided for reference and informational purposes only.) I 1II-7 81II SMOUdDMDSHG 'TVDRTAaAUns N.T. CIENOAEM N2747TPF EXHIBIT "A" I 51RYEY Rom. PAGE]OF] �u 158 CWlt1 OY.PlIF, m EAST FORK iRMW RHER /'106021F 92615' L ,_, �,�,,,,,�, //y / �HURRJVE CREEK BASTA9a OLNER sum �s�r anm I 1 I `bl 2.450 ACRES (104738 SF.) auro5'4o'w rrzsalz/w /—u4.zs- 6asd I 20;;27'13'A (-7072T (120,375 sF 967.28' rAFI mvzns m us R^IKI tt. FBA. IY1 cum zwm wrcs wA. w. aecemxomnxn 4M 96' I 1 . l w sr [ 501,51,01 JONN LION RATTAN \ 64,4Y 2W..01' MIACT 4, AM. 15B) S,SP68:HiY RETERENCE OFMING -+O 05'c CALLED 106.488 ACRES 79.72' 1 \ / %StrtB'34^N - Iplfi.BT 16' INST. NO. 19960829000742040 9,9' ; unA Fouls, �m 1 a• F laBci l 1es. la) cum lat uvrcs l%IwsF. na mllcas¢wazsio / N^6 I 12•Fmr OF LRf � BESINN/NG tie• I.F.F-1 l PARCEL N0. 13 t. aFA4fE9 Nlp t\AMCo Qlp III M RAT OFSCRIPMI IPL BKFL W t1E tE)n1 AAIE 1WI[ COOIgeuR 4S'1l tIN-t1. Evs IIStIX tpllpµ zbU 4L L IAD'1110flS MR VO M IV27/2IO. 1 A l IIOIC OISCR l OF M MC ImIziF81 Itttt Um I s mllert. / zE of e CITY OF ANNA, TEXAS tiP „c+5 _He*5 °j' ` JOHN HAMPTON RATTAN a cuI:C VOtl HFF4PIM PERMANENT SANITARY SEWER EASEMENT (' h073 AIRKHOFF, HENDRICKS & CARTER, L-L.P. FEB ..... y C I INCH=39G FEETF•,mNUu sa roxs:G,��u�im�lroo 2019 I lomca.m.otn... snao nalw.:sn..-rp I.wl xl.slm John Rattan & :hare of Dow & Sac Rattan do John Ratan Parcel No 12 02(2&2019 Ctyof row EXHIBIT "A" FIELD NOTE DESCRIPTION PERMANENT SANITARY SEWER EASEMENT CITY OR ANNA, TEXAS Being a tract of land for Permanent Sanitary Sewer Easement 40-foot width and being sander, over and across Tract 2 In the Bastain Oliver Survey, Abstract 677, Collin County, Texas, a called 56.00 acre tract conveyed to John Rattan 8t Estate of Dow & Sue Rattan c/o John Rattan by deed recorded in Instrument Number 20M91 SW 1153020 of the Deed Records of Coil In County, Texas (D.R.C.C.T), said 40-foot wide Permanent Sanitary Sewer Euenment being more particutady described as follows; BEGINNING at a point for comer, said point being on the centerline of County Road 286 (an established east west gravel road). on the scuts property line of said 56.00 acre Rattan tract and being on the north property lint of 1i:ct 4 in the Bastain Oliver Survey, Abstract 677, Collin County, Texas, a called 40.00 acre tract conveyed to R&D Aycock, LTD. by deed recorded in Instrument Number 200202130002315070 of the D.R.C.C.T., said point bearing N 89046101 W, along the centerline of said County Road 286, a distance of 1,453.73 fact from a 112-inch iron rod found on said centerline of County Road 286. on the northmst property corner of said 40.00 acre Aycock tract, the northwest pnWV corner of Tract 3 in the Bastain Oliver Survey, Abstract 677, Collin County, Texas, a called 62.40 acre tract conveyed to Parry Family Limited Partnership by deed recorded In Instrument Number 1997100100=9130 of the DJLC.0 T., sad the south property line of sold S6.00 ac m Rattan tract, said point also bearing N 6SW431 W, a distance of 4,727.87 feet fioom a 1/2- inch iron rod found on the southeast property canner of said 99.10 acre Pansy tract, tho northeast property corner of Tract 8 in the Bastain Oliver Survey, Abstract 677, Collin County, Texas, a called S.0 we tract conveyed to John P. Walden by dead recorded in document not found and the vices property line of'llract 9 In the W.E. Throckmnorton Survey, Abstract 898, Collin County, Texas, a called 60.0 acre tract conveyW to John P. Walden by deed recorded in door wd not found; THENCE, N 8904610" W, along said centerline ofCounly Road 286 and the common property litre of said S6.00 acre Rattan tract and said 40.00 aero Aycock tract, a distance of 41A7 feet to a point for touter; THENCE, N I5°05W W, departing said centerline of County Road 286 and said common property line, a distance of 6.43 Feet to a point for comer THENCE, N 0005Z51" E, a distance of 7SS.34 feat to a point for corner; THENCE, N 440OS40" W, a distance of 237.68 fed to a point for corer, said point being on an establish fence line and on the common n propcxty line of said S6.00 acre Rattan tract and Tract 4 in the H.T. Chenowdb Survey, Abstract 1 S8, Collin County, Texas, a called 106.488 acre but conveyed to John Hampton Rattan by dead recoeded in Instrument Number 19960829000742040 of the D.R.C.0 T.; THENCE, S 8903r48" E, along said fence line and saW common property lino, a distance of S6.13 feet to a point for coma, THENCE, S 44W40" I., departing said fence litre and said common property line, a distance of 214.86 Net to a point for caner; R seats I aid SSUmAghwom ftiftw4doMM14 hmd a+w Pogue 1 C0 III-10 Min Rallan,F Ermtc a/Umv A file Rattnn r/n Jalar Raman Parcel No 12 021262019 OV ojAmm EXHIBIT "A" THENCE, S 00"52'51" W, a distance of 766.29 feet to a point for comer; THENCE, S 15"05'06" E, a distance of 11.78 feel to the POINTOF BEGINNING, said 40-foot Pemmnent Sanitary Sower Easement containing 0.915 acres (39,845 square feet) of land, more or less. Also a 40-fool wide temporary consmmtion casement being immediately adjacent to slid point lei with the easterly legs of the above described Permanent Sanitary Sewer Easement and containing D909 acres (39,587 square feet) of land, mom or less. Notes. I. Hearings and distances cited in this field note description arc based on the Texas State Plane Conrdinate Slstcm, NAD-el, Texas North Central Zane 4202. 2. Field survey concluded on 12272011. 3. An Easement Plat of evar dale herewith accompamcs this Field Note Description. Gary C. Hendricks, P.E., Tom Registration No. 5 DirkhoR Hendricks & C TBP1.S Firm No. 100318 11910 Greenville Ave" S Dallas, Texas 75243 n vynrrcarw ns.aa.+w:.nu.... M.+ua:e�.rsn,ar� rze. Page 2 ofJ tc. `,ML I EXHIBIT "A" I PAGE 3 OF JTf.� R.nrr ENOWETH SU CY�1 J Im.04 / d em. Pt ,09WlA4mT]010 NIYRGC, IN G�"wtT� �tf"IN) _S8977'481F crtfal catM+, is "sr. ,v wefmw N44105WIV EA5S TORN 7Ru1fl' RIVER, r r urt, fun E w®M UILT O].A .CIl9 n wsr. sx ronifofamm,eeo i AM525:£ R/ 755J1' �m , os ,. ffMIGS 4O . PMD II P` M Te; 9., �a we cram rn ,� ,tvs sort "wc mown.¢ s wo-as. rows rnxm 411 mnrr� mrs .ax a. III➢ mrr; .YK1l m OX .t/'7mm J. .I w2 OMOIPI M M Nrz "MDIII IGl'pPu MS DINW. n7sa eswJ a+l' N89'4670w 41.47' 9 7AM' BAS OLM SURVEY 40' PD5iWA YT .estPu* m N MM. x (39,845 SF.) JOHN PATGW 3 ESTATE OF w DON & SUE PAM C/O JONN RATTAN 90, h 'cigv r CtACT z ABST 577) 7RW770R 94SEYEA7 CAt i m 56.00 ACRES 0.909 ACRES INST. NO. 2DD909150011SM20 (39,587 SF) 1/2' IA.F 7[ REFERENCE DEARING i---' rAxn er¢+ Nqq s�Q H�F � GR. 2P.6 u,nm runausw O/Mr OF a7?7a) mr. w. ,w>imiaoeaiw fC/RN/AG \ `\ vo ncaac tm. \ w �I/." I.R.F I rmm m �(1i/ PARCEL N0. 12 son I CITY OF ANNA, TEXAS C!O JOHN RATTAN FEB 2019 Exhibit A TRACT •ONE . SITUATED in Collin County, Texas, in the H.T. Chenoweth Survey, Abst. No. 158 and being off the west and of 210 acres described in a deed from the Heirs of R.L.. Rollins, deceased, to J.C. Welborn dated Sept. 12, 1945, and recorded in Vol. 354, Page 4►64, Collin County Deed Records; BEGnINiNO at .an iron stake in the south line of said 210 acres, at the southwest corner of a tract. of 35 acres, called South Track; said 35 acres being out of the.sou�heast portion of'said 210 acres; from which beginning stake a corner post at the southeast corner of said 210 acres is located as follows:. South 89 degrees East 606.9 f9e:t -South 88 degrees 07. minute s cast 780.0 feet South 88 degrees 15 minutes East 1041.0•feet to said corner post] THENCE Westerly, with evidence of -old fence on the south line of said 210 acres as follows$ North 89 degrees 30 minutes West 1723.6 feet North 88 degrees 43 minutes West 397.9 feet to an old post therein from which a 24, Walnut imrked 3 hacks bears West 35 degrees and South 3 feet and an IOU Hackberry marked 3 hacks hears East 31 feet North 88-3/4 degrees West 246 feet to a point in the center of East Fork Creek; • e THRNCE 4Pstream, with the center of said Creek and its meandering to its intersection with the center of Hurricane.Creek and then up the: center of -Hurricane Creek, as Eollowst North 32 degrees East 148 feet • North19-1/2 degrees West 507.5 feet . North 33 degrees west 450.0'feat North 57-2/4 degrees East 436.0 feet. North 22-3/4 degrees West at•150 feet said intersection with center of Hurricane Creek is 22 feet West, in all 187 faet North 33 degrees East 333 feet III-13 Exhibit A (CcAtinued) North 12 degrees East 319 fact South 32-3/4 degrees Bast 107 feet Worth 53.1/4 degrees East ill feet. South 84-3/4 degrees Sant 143 Feet North 55-1/4 degrees East 194 feet South 66 degrees Bast 152 feet to a point in the center of Hurricane Creek from whiCh.an B" Ash Vwxrked-3 hack0 bears East 21 feet and South 3 feet: THSNCB Easterly with an establiahment fence an the north line of said 210 acres as Follows South 85 degrees IS minutes East 5So.5 feet : South 86 degree@ 21 minutes East 1005.3 fact town iron stake therein, at the Northwest corner of a tract of 35 acres, called North Tract; ' THENCE South 1 degree 45 minutea West, with the :teat lines of three tracts of 35 acres surveyed off the east side of said 210 acres, at 630.6 feet an iron stake, at 1244.8 feet as iron stake, ip all 1962.7 feet to the place of •©802tiD IXOp aotstaining 106.408 acres of land, more or less. TRACT TWO c SXTUATLD in Collin County, Texas, in the H.T. Chenoweth Survey, Abst. No. Is$ and being a part of 210 acres described in a dead front the Heirs of R.L. Rollins, deceased, to J.C. Welborn dated Sept. lZ, 3.94 5, and recorded in Vol. 354, Page 464, Collin County Deed Records] BEGINNING at an iron stake at the Northeast corner of said 210 acres; THENCE South 1 degree 15 minutes Neat 649.6 feet to an iron stake thereinj THM4CE North'89 degrees 18 minutes West 2442.0 feet to an iron Stake; THENCE North-1 degrees 4S minutes East 630.6 feet to an Iron stake In the North line of said 210 Acres# THENCE Easterly, with an established fence on the North line of said 210 acres an follows: South 88 degrees 30 minutes East 1237.5 feet; North 89 degpreea 30 minutes Rant 700.0 feet] North 88 degrieea is minutes East S00.0 fact to the place of BEMNNINO, 1 containing 3B.00 Mores of land, more or lase. 2 of 6 III-14 RNIA►Ut A, conttnudd TRACT THREE. SITUATED in Collin County, Texas, in the H.T. Chenoweth Survey, Abet. No. 158 and being a part of 210 acres described•in a deed from the Selrs of R.L. Rollins, 'decea sod, to J.C. Welborn dated Sept. 12, 1945, and recorded in Vol. 354, Page 464, Collin County Deed P-ocords; BEGINNING at ad iron stake in.the East line of said 2l0 acres; from which i�?s Northeast corner beaxs North 1 degree 15 minutes East 549.E feet; THENCE Southerly, with a existing fence line as follows: South 1 degree 12 minutes West 478.1 feet; South I degree x6 minutes Bast 154.5 feet to an iron stake therein; THEE North 88 degrees 52 minutes. Kest 2454.5 feet to an iron stake; THENCE North 1 degree 45 minutes East 614.2 feet to an iron stake; THENCE South 89 degrees 18 minutes Bast 2442.0 feet to the place of BR NNMO, containing 3S.00 acres of land, more or less. TRACT FOUR: SITUATED in Collin County, Tex", in the: H.T. Chenoweth Survey, Moat. No. 136 and being a part of 210 acres described in a deed from the Heirs of R.L. Rollins, deceased, to J.C. Welborn dated Sept. t2, 1945, and recorded in Vol. 354, page 464, Collin County Deed Records; 0901" at a Bois Marc corner post at the present Southeast corner of aafci 210• acres; THENCE We„terly, with an eatabli.ahed fence line as follows: North 88 degrees 15 minutea West 1043.0 feet; North 88 degrees 07 minutes West 780.0 feat; North 89 degxees 00 minutes Went 608.9 feet to an iron stake therein: THE14CR North l degree 45 minutes 617.9 ieett THENCE South 88 degrees 52 Minutes'East 2454.5 feet to an iron stake in the Sant line of said 210 acresp THENCE South i degree 16 minutes Bast 195.E feet to a corner poets THENCE West 34.0 feet to a cornea post; THENCE South 1 degree 37 minutes Went 441.5 &sat to the place of BEGINNING, containing 35:00 acres of land,.toore or less. 3of6 III-15 Exhibit A, continued TRACT FIVA A tract of land in the John 811iott'Survey, Abstract No. 295, Collin County, Texab,, and being more particularly described by metos and bounds as follows: BEGniNING in the VAddle Of a small branch in the west line of said Elliott Survey, A stake from which as Ash marked X bears North 45 degrees West 10 linksp THENCE North•81.5• degrees East 38.So chains in the Nest line of 'the William fitchdn Survey: TMWCO South 24.85 chains, a stake in the road; THENCE South 77 degrees Weat 12.30 chains, a stake 9 feet North of fence; THENCE South 65 degrees West rium .ng 9 feet North of fence 1S Chants, A stake; THENCE West 6.60 chains, a stake; THENCE South 75 degrees Went running 9 feet !forth of picket fence 6.5 chains, a stake in the West line of the Ulliott survey and Bast line of the Chenowith Survey; TBffidCS North therewith 29.70 cihaina to the beginning, containing 107.71 acres of land, more or lone. TRACT 6 SITUATED IN COLLIN COUNTY, TEXAS, IN TH8 W. M. KITCHENS SURVEY, ABSTRACT NO. SO4, BEING A RESURVEY OF THE 98.OS4 ACRES -OF LAND DESCRIBED IN A TRUSTERS DEED FROM MARK A. BIS WBAQM, M=T E TO W R. ' BEAVERS AND RICHARD LOMBARDI, TRUSTEE, RECORDED IN VOLgM9 3251, 1P}10B 832 OF T98 COLLIN COUNTY LAND RECORDS, BEING DRSCRIBND'SY METES AND BOUNDS AS FOLLONS3 BSGnwixG AT AH YRoN PZN FQUND AT THE WEST ELL CORM OP SASD 98.os4 ACRE TRACT, AT THE SOUTHEAST CORNER OF THU WAYNE SMMLEr 10 ACRES AND AT THE INT-ORSEMON OF THR CENTER OF . COUNTY ROAD NO. 206 FROM THE WEST TO THE NORTH; THENCE NORTH 4 3.91230 BUT, 998.14 FEET WITH A WEST LINE OF SAXV 96.OS4 ACRZ TRACT, THE EAST LINE OF SAID 10 ACRE TRACT AND WITH THE CENTER OF'SAID ROAD TO AN IRON PIN FOUND AT THS NORTH, NORTHWEST CORNER OF SAID 96.054 ACRE TRACT, AT THE NORTHEAST CORNER OF SAID 10 ACRE TRACT, AT THR SOUTHEAST CORNER OF THE WAYNE SHERLEY 90 ACRES, REP. VOL. 294, PG. 329, AT THE SOUTHWEST CORNER OF THE OUR RATTAN 20.75 ACRES, REF. VOL. 439, PO. 103 AND AT THE -JUNCTION OF SAID ROAD TO THE NORTH WITH COUNTY ROAD NO, 284 FROM TUB EAST; THENCE SOUTH 85 34'26° BAST, 2011.84 FEET WIT.i TH61 NORTH 3,XNE OF SAID 98.054 ACRE TRACT; THS SOUTH LINE OF SAID 10.75 ACRE TRACT, THE SOUTH LIN9 OF THE JON SHERLEY MILLER 102.65 ACRES, REF. VOL. 2667,' Pia. 673L MM THE CENTER OF SAIO COUNTY ROAD NO. 284 TO AN IRON PIN FOUND AT THE NORTH, NORTHEAST CORNER OP SAID 98.054 ACRE TRACT, AT A SOUTHEAST CORNER OF SAID 101.65 ACRE TRACT, IN THS WEST LINE OF THB COFFMAN CEMETERY 1.19 ACRES BAST Or ifHERE SMD COMM ROAD NO, 284 CORNERS TO THE SOUTH; THENCE SWNI 2 21'46" BAST, 127.66 PEET- WITH TH8 BAST LINE OF SAID 98.054 ACRE TRACT AND. THE SIEBT LINE OF SAID I AS ACRE TRACT TO AN IRON PXX FOUND AT AM ELL, CORNER OF SAID 98.054 ACRE TRACT AND AT A SOUTHWEST CORNER OF SAID 1.18•ACRE TRACT; 4of6 111-16 EXHIBIT W WASTEWATER PIPELINE AND WASTEWATERTREATMENT PLANT OUTFALL EASEMENT BASTIAN OLIVER SURVEY ABSTRACT NO.677 COWN COUNTY, TEXAS Being a tract of land. situated in the Bostaln 011ver Survey, Abstract No. 677. In Colin County, Texas and being a part of that called 56 eve tract and that called 147.48 acre tract, described by deed to John Rattan. as recorded under Document No. 20090915001153070. of the Official Public Records, Colin County, Texas (O.P.R.C.C.T), sold tract being more particularly dmcrbed, as fdlows: COMMNCING at a 1/2" Iron rod found In the southerly line of sold 56 acre tract, some being the meet northerly northwest comer of a called 275.697 acre treat of land, described by deed to S F Collin County. LLC, as recorded under Document No. 20190212000148160. O.P.R.CC.T, same being the northeasterly comer of a called 40 acre tract of land, described by deed to R&D Aycock, Ltd., as retarded In Volume 5105, Page 2810. of the Deed Records. Collin County. Texas (D.R.C.C.T.), said corner also being in County Road No. 286. from which a 1' bon pipe found bean, South 01'5V27" Ylest, a distance of 943.18'; TIIWCE North B9'48'127 West, along the common line between mid 40 acre and 56 acre tracts. same being along sold County Road No. 286, a distance of 82.67' to a 1/2" Iran red with a yellow plastic cap stamped "RP1S 5686" set (herein after referred to os o copped Iran rod set) far the southwesterly comer of the herein described tract: MENC8 North 0010'04' East, over and across sold 56 acre tract, a distance o1 729.M' to the POM OF BEGINNING of the herein described tract,. TEENCB continuing aver and acroaa mid 56 acre tract, the fdlowing four (4) courses and distances: North 89'48'22" West, a distance of 1439.3C to a point for corner. North 0090'04' East, a distance of 100.00' to a point far comer, South 89'48'22" East, a distance of 1439.34' to a point for corner. South 00T0'G4' West, a distance of 100.00' to the POINT OF BEGINNING and containing 143,934 square feet or 3.304 acrss of land, more or lase. ABBREVIATIONS I.R.F. m Iron Rod Found (R.M.) a Reference Monument C.I.R.F. a Copped Iron Rod Found C.I.R.S. - 1/2- Iran rod with yellow plastic cap stamped 'RPLS 5W set M.R.CCT. Map Records, Collin County, Texas D.R.CC.T. Deed Records. Collin County. Texas OPA.C.C.T. a Official Pubic Records. Colin County, Texas Bearings am based on the Texas State Plane Coordinate System. North Ccnirol Zonc (4202). NAD83. Surface values shown can be converted to grid by dividing by the combined scale factor of 0.999652u22. boss point D.O. This mates and bounds description Is accompanied by a survey plat of even date. at DATE: 08/11/202L WASTEWATER PIPELINEAND WASTEWATER TBPATMENTPLANT OUTPALL EASENIE4T 33U ACRES BAS7AINOLIVERSURVBY North Texas Survirling, LZ.C. O 8eldased tiol�Lead D1¢watm � tole amt Uawrdty Drive McFamcy. Ill. Tagm PD. Nsm Post 469)� 199E REVISED: 12/19/2088 Salla 1' e. low EY: lim.6 um . ABSTRACT NO.677 COLLIN ODUN7'Y. TEXAS aRhhumomrw�e Pa. Re9lstradem No. tob742a9 JOB NO.: 8021-0081 HI-17 E*uBR- i MATCH LINE SURVEY PLAT I I I I I I I I--------- I r I iiaWNDER OF I 1 r ' PARTOF ' �®� I CALLED 6B ACRW DOCUMENTNO. JOMRATFAN COCUId 200909f60D1f1S90ZD OPACJMT. 1 . 11 200 �Ra I I MOPOM U.0% ACRES �I GRAPHIC SCALE 0 or t00 1 I 1 inch LOO fL Z I I 1 I OI/iFALLPIP8M EAt'23[UtT I I I � DOC. NO.2WW20600012MW OPR=T. I ' -------- -------------- I CJR.6. --- I ---- ' COUNTYD�NO. 286 N89e 4812V 1 I 82.6T I as 9 PO[NT OF CALLED275MTACRES aAYCOCKVID COMMENCING fi 8F NO. vOL. 6104 m ma 201902i20001d6160. DJMC.T. I OP.R�C.T. I IQ �D Seartn v am based on the Texas State Plane Coordinate System. North Central Zone (4202). NAD83. Surface values shorn can be converted to grid by bass 0.0. This dividing by the combined scale factor of 0.999852022. at POW swvey plat b accompanled by a mates and bounds desofptlon of even date. mpw pa) DATM 08/11/2021 WASTEWATERPNEWMAND ST WAEWATER ZSBAi19W PLANT OUIVALLEASE OW 333MACpRpEpS��p�/p� Bf'.D I�lf4\ 0LJWRSUR E ABSTRACT NO.677 0OLLII4 COUNTY. TEXAS Nor&Tem Sury r L.L.C. Be odPm> 1I=d3>awyan 1010 Test Unt arat�r Drive lkw=cr. �. Meg Ph. (469) 424-2044 Ft= (469) 43 —1997 ...nos thtemmurnyinc.00m Firm Bcgl rattan No._ 1COT4800 12/19/80 _ SCALE: i - 100' CHK'D. BY. M.H.A. JOB XO.: 2021-Owl 111-18 EXHIBIT `B° TRACT 1 SURVEY CALLED tOBAWACR® JOM HAMPI= RATTAN C.O.FJ DSW4204 OQRAMT, TRACT4 CALLED UACRES JOHN HAMPWN RATTAN C.C.P./ oBW4204. O.R.C.C.T. w S89°48'22" E 1439M acp� WAS TEVIrMER PtPBM AND ge WASTEWAIERTREATMElff PLANT o 1 OWPU P[PELME FAGUAENT ._ g �— 148J?34 SQL FT.13204 ACRES °g W � N89°4822"1N 1438.34 POINT OF BEGINNING MATCH WM I I CALLED N ACRDS NAM" LM JOM RATTAN DOCIA�►eN- r to I O.PJL=T. l GRAPHIC SCATHE i ea sao I 1 fach LOG & I DATE: 08/U/2021 WASTBWATRPRELDMAND WASTBWATEELTRBAITjWTPLANP OUIPALLBASEM M 33N ACRBB BASTAWOIlMSMVBY Ekarhns are based an the Texas State Plana Coordinate System. North Central Zone (4202). NA083. Surface values shown can be converted to grid by dfvM4tq� �b�yy�t�he combined scale factor of Q90SB52022. at bass point 0.M This North Tom Smvqin& L.L.C. Ra&Wmd Rvftdmd Lad Suvoyan 101 O lied Liaivieretty ume +1✓' 75M Pi: (�) t2�—F074� F�a:a (40) APA-1097 RZVf>): 12/19/2022 SCAL& L" = LOW C14LC'D. 8Y: 3t.8A AHSTBACTM6" COI.1 M COiYMY. TELAS f even nwtes ace boup accompanied by a yhWW m� JOB NO.: 2021—Gael ♦ Appmnmatebotun W{eaon uu a rty tR{IIMIIINIYttGlil PIN VrtpoMKybeako" SPECIAL Ft00D HAZARD AREAS 9NettM FbeCwk6YYntlay U§W WaM'ai{Me W D'¢W DahAtN{Me MAP PANELS unmappw Wflnma Base Mod Etnatkn JEM ma arayq { Cms$Nibns WIM 1%Ann" Manse WItABFEot DeetD _]Z.f. Water Surface DYralron ReSufetory Fbo{vey z.,.e a[ao,a so--- Coastal Remect a.» Flood El.h. One WE) �unut of atm 0.2%Annual Ctanre Rl Xamt 1ur1 don Bounnary 01%annualN ncefleoewlma depth ss MenonelootetvdMd ---Coasal Ra.L RA.11nY ertaf of teseiMnom seven mll O R pmtlK BasetmY FYWte Io t m1%Annual FFANRES X. .VWW Feature CaanmF X Ale.oFx ©Arcs of Milnmal ltoea Xe_sM-a+e .,yea wlM Reduced Flood RKk du. CENERALI---' Cnanncl, Cuhertm$S01m Sewer WectivWm OMERAREASOF - Leree.5ee Notef.==•<z STRUCNR6 IIr111I Lme.Olke.or Floodw0 neea Y/untleter1r 11M FUOJ near ROODHAZARD Area MM F" Rial euB W LM —Z OIIKnYae TeteLeh Area DTHER AREAS Coastalftvvr Boone$} mnrea SUBJECT PROPERTY PHOTOGRAPHS Subject is located on right side of road, beyond the treeline. Road was inaccessible due to weather and road conditions. Subject Property is located on right side of picture, after beginning of treeline III-21 Subject Property is located on the other side of treeline ttt-22 HIGHEST AND BEST USE Physically Possible: The Subject Property is of a sufficient size to allow for agricultural production, such as pasture land, grazing land, or crop production. Most of Subject is currently being used for crop production or grazing as of inspection date. As demand warrants, the Subject Property is of a sufficient size to allow development, with extra sitework required for area within flood zone (+/- 50% of total area). Legally Permissible: The Subject Property is not currently within Anna or Weston city limits. No zoning or deed restrictions limit use or development of property. Current use is legally permissible. Future development as residential or commercial development is also legally permissible. Financially Feasible: The current use of the Subject Property appears to be financially feasible at this time. Once population growth migrates into the Subject Property's area, construction of a single- family residential or commercial development may become financially feasible. Single-family residential development is the most likely given the scarcity of similar product in the area. Generally, a medium -density development will yield the higher value if demand is present. However, land within the floodplain will need a significant amount of fill and grading. These costs will increase development costs and make the project financially feasible only when sufficient demand exists that will offset this increase in development costs. Maximally Productive: The maximally productive use of the Subject Property is thought to be continued use as agricultural production until demand for single-family development increases in the Subject's area. Highest and Best Use "As Is": Continued use as agricultural land. Hold for development with a single-family development until demand is sufficient to offset development costs. IV-1 LAND VALUATION Sales Comparison is usually the preferred methodology for developing an opinion of site value. when this method is used, most of the techniques for selecting comparable sales and making adjustments that are described in The Appraisal of Real Estate, Fourteenth Edition, can be applied to site valuation. When there are not enough sales of similar parcels for the application of sales comparison, alternative methods such as market extraction, allocation and various income capitalization techniques may be used. The income capitalization techniques applied can be divided into direct capitalization techniques (i.e., land residual and ground rent capitalization) and yield capitalization techniques (i.e., the subdivision development method using discounted cash flow analysis). All of these land valuation procedures, which are summarized below, are derived from the three traditional approaches to value. * Sales Comparison — Sales of similar, vacant parcels are analyzed, compared, and adjusted to provide a value indication for the land being appraised. * Market Extraction — An estimated of the depreciate cost of the improvements is deducted from the total sale price of the property to arrive at the land value. * Allocation — A ratio of site value to property value is extracted from comparable sales in competitive locations and applied to the value of the improved subject property or comparable properties to develop the site value. * Direct Capitalization: Land Residual Method — The net operating income attributable to the land is capitalized at a market -derived land capitalization rate to provide an estimate of value. * Direct Capitalization: Ground Rent Capitalization — A market -derived capitalization rate is applied to the ground rent of the Subject. * Yield Capitalization: Subdivision Development Method — Direct and indirect costs and entrepreneurial incentive are deducted from an estimate of the anticipated gross sales price of the finished lots, and the net sales proceeds are discounted to present value at a market - derived rate over the development and absorption period. If entrepreneurial incentive is not deducted as a line -item expense, then the discount rate must reflect the full effect of any profit. The Appraisal Institute, The Appraisal of Real Estate (Fourteenth Edition), Chicago, Illinois, 2013, pages 364-365. When sufficient market data is available, the best method of land valuation is the Sales Comparison approach. This method calls for comparison weighing and relating sales data to the site being appraised. The data can be analyzed and the indications of adjustments for time, location, physical utility and conditions of sale, can then be applied to result in a meaningful value opinion for the Subject property. For a sale to be truly comparable, the highest and best use of the comparable land should be the same or similar to the Subject. This is the method of land valuation which will be utilized in this report. v-1 SALES COMPARISON APPROACH This approach to value, also termed the Market Approach, can be defined as "a set of procedures in which a value indication is derived by comparing the property being appraised to similar properties that have sold recently, applying appropriate units of comparison, and making adjustments to the sale prices of the comparables based on the elements of comparison." It requires the appraiser to compare similar competitive properties that have recently sold to the subject property. In this market area, the most typically used unit of comparison is the Sale Price per Acre (SP/Acre). The Sale Price per Acre (SP/Acre) is obtained by dividing the property's sale price by size of the land tract, expressed in acres. This unit of comparison is applicable for larger tracts of land — when a per square foot comparison would not be applicable or meaningful. Since the SP/Acre involves a comparison of physical attributes, adjustments must be made for location, access and visibility, frontage, zoning, and shape or topography. This is a reliable unit of comparison assuming a high degree of comparability. As discussed in our Highest and Best Use Analysis, we have determined that the current Highest and Best Use is as a future residential development. Therefore, we have researched and analyzed similar land sales in the area. The Subject Property represents three tracts of land — one of which will be purchased in Fee Simple and two of which will be permanent and temporary easements. Both the Fee Simple purchase and the easements are to be acquired by City of Anna for purposes of sanitary sewer and wastewater treatment. As the Subject Property alone has limited marketability because of its location and shape, a valuation method termed "Across the Fence" (ATF) method will be utilized. The Appraisal Institute defines this method as: "A land valuation method typically used to estimate the value of a real estate corridor, including railroad or pipeline rights of way, highway, or other corridor real estate. The price or value of land adjacent to the corridor (i.e., "across the fence") is considered for the valuation. The Dictionary ojReal Estate Appraisal, Fourth Edition, Appraisal Institute, Chicago, IL, 2002 According to an article written by Arthur G Rahn and published in the 4ppraisal Journal in July 2001, the ATF method "is based on the premise that the corridor land should be worth at least as much as the land through which it passes." In the case of the Subject, this is especially true given that the Highest and Best Use is to assemble with the adjacent properties. This is based on the fact that the lack of utility for properties similar in size to the Subject. Therefore, the proposed use as a right-of-way property is not consistent with the Highest and Best use. Rather, the greatest value for the Subject Property is to assemble it with the adjacent tract which will enhance the value of the tract as a whole. For purposes of choosing market sales and making appropriate adjustments, we will utilize the characteristics of the adjacent tract which the Subject Property adjoins. v-2 For selection of comparable sales as well as making appropriate adjustments, the Parent Tract will be utilized. The indicated unit value will then be extrapolated to determine the market value fo the Subject Property. The map below depicts the Subject Property. The Parent Tract is the land immediately adjoining the Subject Property and owned by John Rattan. The Parent Tract land totals 206.48 acres. The Fee Simple Purchase represents 28.096 acres. The permanent easements total 6.6 acres and the temporary construction easement totals 3.672 acres. Per our Client, the temporary easement will be necessary for approximately 18 months once construction begins. The valuation estimate for the Subject Property (fee simple) is based upon the analysis of similar transactions found in the McKinney/Weston/Celina area and the surrounding market area in which the Subject Tract must compete. Only the Sales Comparison or Market Approach were utilized in our analysis as the Subject Property is vacant land. The Cost Approach and Income Analysis are not appropriate. The Sales Comparison Approach is based on the principle of substitution which states that a prudent person will not pay more for a particular property than it would cost to acquire a property that is equally desirable. Typically, it offers good evidence of value as it represents the actions and motivations of users and investors. It also recognizes that the typical buyer will compare listing prices and negotiate the most favorable deal available. These sales are found by a search of the Deed Records or by conversations with Brokers or other real estate professionals. Several published sources of comparable data were accessed - Loop Net, Collin Central Appraisal District, Roddy Reports and MLS. The application of this approach produces an opinion of value for a property by comparing it to similar properties which have been sold or are currently offered for sale. Several sales and current listings of V-3 similar design/appeal were investigated and analyzed as a basis for valuation of the subject property. The comparable sales presented herein are considered to be reliable value indicators for this analysis. The reader is referred to the following chart for a list of all of the Comparable Sales considered in our analysis. V-4 LAND SALES DATA Summary of Land Sales/Listings Subject County Roads 286, Anna, Texas Agricultural Land 206.4800 Date Parcel ID Location Land Use Land Size Price/Acre Listing/Sales Price 1 3/31/2022 R690000001001 CR 277, Melissa Agricultural Land 56.780 $ 76,611 $ 4,350,000 2 7/14/2021,R690000000801 6511 CR 277, Melissa Agricultural Land 104.665 $ 58,682 $ 6,142,000 3 4/30/2021, 2834769 FM 455, Anna Agricultural Land 4.200 $ 56,157 $ 235,860 4 3/30/2022 R696300001701 8434 CR 206, Weston Agricultural Land 25.172 $ 40,002 $ 1,006,920 5 11/19/2021 1007083 CR 284, Anna Agricultural Land 103.910 $ 87,120 $ 9,052,639 6 9/27/2022 R292700000101 Hwy 75, Anna Agricultural Land 5.588 $ 268,432 $ 1,500,000 7 3/17/2022 R689900001201 Hwy 75, Anna Agricultural Land 9.846 $ 203,128 $ 2,000,000 8 7/12/2022 R667700000401 CR 286, Anna Agricultural Land 40.000 $ 10,375 $ 415,000 9 Listing R689900001001 3008 W Foster Crossing Road, Anna Agricultural Land 12.000 $ 250,000 $ 3,000,000 10 Listing 2531830 W Foster Crossing Road, Anna Agricultural Land 40.460 $ 239,743 $ 9,700,000 11 Listing R638900000701 CR 206, Celina Agricultural Land 205.000 $ 59,000 $ 12,095,000 12 Pending R669400200501 CR 288, Anna Agricultural Land 15.224 $ 79,499 $ 1,210,300 13 6/30/2020 R603900000801 599 Bourland Bend, Celina Agricultural Land 75.000 $ 11,333 $ 850,000 14 3/31/2022 R690000001101 6269 CR 277, Melissa Agricultural Land 10.000 $ 99,500 $ 995,000 15 Listing R1179600000201 1444 Bourland Bend, Celina Agricultural Land 7.153 $ 101,342 $ 724,900 16 3/31/2021 R641300003401 3646 Ballinlough Lane, Celina Agricultural Land 9.900 $ 47,980 $ 475,000 We targeted properties that have sold within the last two to three years, are of similar potential usage and in a similar market area. Our policy is to include all similar sales, but to adjust only the most comparable sales. The rationale being that the most comparable sales require less adjustments and result in more reliable value estimates, but we feel the reader should have the benefit of knowing the general market. We excluded Sales Numbers 6 through 16 as they are less comparable. All other sales are considered appropriate for further adjustments. Each comparable sale was researched in regards to overall size, usage, and surrounding development conformity. The zoning, location, road frontage, location of flood plain, and topography of each property was also given consideration herein. The sales utilized in this analysis each represent land tracts located within the immediate to general subject area. The sales utilized in this analysis were thought to be the best available data at this time, and are considered the most reliable indicators of current value for the subject property. The primary point of adjustment consideration in this analysis involves the location and utility attributed to each comparable. The individual sales data is as follows. The reader is referred to the Comparable Land Sales Map following the sales for a visual depiction of the location of the comparable sales in relation to the Subject Parcel. We have also summarized the information regarding each sale. The comparable land sales detail is retained in the files of MICHAEL W. MASSEY & ASSOCIATES. v-s Comparable Sale No. 1 Location: CR 277, Melissa Grantor: Terry Lynn Howard Grantee: Telephone Road Owner, LLC Date: 3/31/2022 Sales Price: $4,350,000 or $76,61 I/acre Gross Land Area: 56.78 acres Road Frontage: Telephone Road/CR 277 Configuration: Irregular Flood Plain: +/- 50% Topography: Gently rolling Zoning: None Improvements: None Utilities: All public available, including City of Melissa sewer Terms of Sale: Cash Ownership Conveyed: Fee Simple Estate Verified: MLS/CCAD Deed/Document # 20220401000532190 Comments: Three contiguous tracts located on west side of Telephone Road, north of Melissa Road. Just east of Trinity Falls development and adjacent to other new single-family developments. City sewer and water available. V-6 Comparable Sale No. 2 Location: 6511 CR 277, Melissa Grantor: Golden View of Texas, LLC Grantee: Melissa75 Holdings, LLC Date: 7/14/2021 Sales Price: $6,142,000 or $58,682/acre Gross Land Area: 104.665 acres Road Frontage: CR 277 Configuration: Irregular Flood Plain: +/- 50% Topography: Gently rolling Zoning: None Improvements: Older home and barns — no contributory value Utilities: Electric and water available to site Terms of Sale: Cash Ownership Conveyed: Fee Simple Estate Verification: MLS/CCAD Deed/Document 120210719001447860 Comments: Located on both east and west sides of Telephone Road/CR 277 in Melissa. North of Melissa Road and close to both Trinity Falls and other new single-family developments. va Comparable Sale No. 3 Location: FM 455, Anna Grantor: Lyle E Wise Grantee: Israel Verver Jr. et al. Date: 4/30/2021 Sales Price: $235,860 or $56,157/acre Gross Land Area: 4.2 acres Road Frontage: FM 455 Configuration: Irregular rectangle Flood Plain: None Topography: Level to gently rolling Zoning: None Improvements: None Utilities: Electric and water (Rural carriers); no sewer Terms of Sale: Cash Ownership Conveyed: Fee Simple Estate Comments: West of Anna on west side of FM 455. Limited development in area currently. v-s Comparable Sale No. 4 Location: 8434 CR 206, Weston Grantor: Laurence Paul Whitaker Grantee: Honeyereek Venetian, LLC Date: 3/30/2022 Sales Price: $1,006,920 or $40,002/acre Gross Land Area: 25.172 acres Road Frontage: CR 206/Chambersville Road Configuration: Irregular Flood Plain: None Topography: Level to gently rolling Zoning: None Improvements: Older home and barns — little contributory value Utilities: Electric and water (rural); septic required Terms of Sale: Cash Ownership Conveyed: Fee Simple Estate Verification: Broker/MLS/CCAD Deed/Document# 20220405000548740 Comments: North of Trinity Falls and on east side of FM 543/Weston Road. Close to newly platted single-family development. Improved with older home and several barns — little to no contributory value. V-9 Comparable Sale No. 5 Location: CR 284, Anna Grantor: Rattan Properties, Ltd. Grantee: Collin County Community College District Date: 11/19/2021 Sales Price: $9,052,639 or $87,120/acre Gross Land Area: 103.91 acres Road Frontage: CR 284 and CR 286 Configuration: Irregular Flood Plain: None Topography: Rolling Zoning: Agricultural Improvements: None Utilities: Electric and water to site; septic required Terms of Sale: Cash Ownership Conveyed: Fee Simple Estate Verification Seller/CCAD Deed/Document # 120211122002387010 Comments: Frontage on west side of Highway 75. Sold for new location of Collin College campus. v-10 COMPARABLE LAND SALES MAP ' 1 © u.n PrTl Fora High 5rhO"19 :Only t Lone Sn Dan Rancho Lai Weston 3 Walman FLperccntff xwn„ Blookshues®-FYI I t ® 3L1 .,Orr" 5 O Chandlers Gairriens,00 ' Q L'omn'mnityl,latl family U:gent Care Melissa Ql i 9 Pat] r McLs/[sa�� ® Roland ' Mnar at Preserve gat ♦♦i '-.4w Money Creek wnuq G� BaC225Q �'C CTIJ 4 RaceLe:. Q Cny Church Mebsia© !sort ® -� r `I Erwin Park19 i O j^r7 Squeeze Penny 5h;!aoe r V-II ANALYSIS OF COMPARABLE SALES The sales utilized in this analysis each represent vacant land tracts located within the immediate subject area. Each comparable sale was inspected with regard to overall accessibility, exposure, and surrounding development conformity. The sales utilized in this analysis were thought to be the best available data at this time, and are considered the most reliable indicators of current value for the subject property. For further analysis, we chose five sales that share the most characteristics when comparing utility and location. Although the sales varied slightly, they were believed to comprise a reliable set from which to derive a value indication for the subject property. The primary point of adjustment consideration in this analysis involves the location and development potential attributed to each comparable. One unit of comparison was developed from the comparable building sales data to arrive at a value estimate for the Sales Comparison Approach. The Sales Price Per Acre (SP/Acre) indicator analyzes each property sale on a per acre basis. When analyzing the Comparable Sales, consideration was given to the following categories in an effort to distinguish a basis of comparison relative to the subject property. Elements of Comparison for the comparable Improved Sales are as follows: 1. Property Rights Conveyed 2. Financing Terms 3. Conditions of Sale 4. Market Conditions 5. Land size 6. Location 7. Physical Characteristics a. Frontage b. Utilities c. Flood Plain d. Shape/Topography The pertinent variables which influence value are identified and addressed in the following paragraphs. Property Rights Conveyed This adjustment involves the type of real property interest that is conveyed in a sales transaction. Each of the comparable sales involved the sale of the Fee Simple Estate of the property; therefore, no adjustments were made for this factor. Financing Terms v-12 Since the value estimate for the subject property is based on a cash to seller transaction, consideration is necessary when the financing terns of the comparable sales appear to have significantly influenced the sales price. All of the sales were reportedly cash to seller transactions or deemed cash equivalent so no adjustments were made. Conditions of Sale The sales used are required to be arms -length transactions since the personal motivations of buyers and sellers are difficult to estimate. Market -based adjustments are inaccurate if applied to sale prices manipulated by "interested parties". Downward adjustments are necessary if the buyer paid a premium for assemblage purposes. Upward adjustments would be required if a buyer liquidated a property with a shortened marketing time (in order to raise cash or dispose of a non -performing asset). Each of the sales utilized in this analysis were reported to be arms -length transactions. The sales were reported to have typical transaction periods and did not received discounts for accelerated closings. Therefore, adjustment consideration was not warranted for these sales. However, Sale Number 5, while it was arms -length, was sold to a public entity (Collin County Community College) for educational purposes. According to the seller, the price was discounted to encourage the expansion of the college. Market Conditions (Time) Market conditions often change between the sale dates of the comparables and the effective date of the appraisal. These conditions tend to vary with respect to the local and regional business climate, submarket demand levels, population and employment growth, and the inflation rate. It should be noted that the adjustments to the comparable sales, if required, are based upon market conditions, and not time itself. Therefore, if market conditions have remained unchanged and although the elapsed time itself is sometimes considerable, no adjustment would be warranted. The Sales comparables occurred from 2021 to 2022 and it is our observation that the current market has increased at least 5% annually and appropriate adjustments were made for market conditions. Location Location adjustments take into consideration the relation of the site to nearby roadways, surrounding land uses and the overall analysis of the immediate area. The exposure and access characteristics of any parcel typically have a direct effect on property value. The proximity to major area transportation routes and the conformity and quality of surrounding development are other variables which may affect property value. Each of these locational variables is given consideration in the adjustment process. The sales were adjusted upward for an inferior location and downward for a superior location. Sales numbers 1 and 2 are located along CR 277/Telephone Road. They are north of Melissa Road and south of the Outer Loop. This area has not been developed yet and are considered to be in an inferior location. Positive adjustments were made. V-13 Sale number 3 is located along FM 455 in Anna. This are has not seen any development and is more rural. A positive adjustment was made for inferior location. Sale number 4 is located at FM 543 and CR 206, south of Weston. It is also considered to be in a more rural area and in an inferior location. A positive adjustment was made for this factor. Sale number 5 is located in close proximity to the Subject with frontage on Highway 75. Its location is considered to be superior because of the access from the highway frontage road. A negative adjustment was made for superior location. Physical Characteristics: Size Adjustments on size differences were based on the premise that a purchaser would pay more per unit for a smaller site than for a comparable but larger site. This is generally supported in the local market when the purchaser determines that all other property characteristics are basically equal. This market premise is based upon the diminishing marginal return for each specific purchaser past a certain optimal building size. In reviewing market trends and the data set, the market does not appear to recognize a distinguishable difference based on land size alone. No adjustments were made for this factor. Zoniniz The zoning a property possesses the legally permissible uses to which it can be developed. Consequently, the value of a property can be significantly influenced by its zoning classification. The Subject is currently unzoned, but has a highest and best use for future residential development. None of the comparables are zoned and have similar highest and best uses; no adjustments were required. Visibility/Frontage A tract of land with corner influence can, in many cases, command a higher price per unit than a tract without corner influence. However, corner influence is considered to have only a small effect on price when dealing with large acreage. Corner influence typically becomes a more significant factor on price of retail and commercial properties situated along two or primary thoroughfares in significantly developed urban area. The Subject has average frontage on a county road and has below average visibility and access. Sale number 4 has inferior and narrow frontage on the county road and additional frontage on a private road; a positive adjustment was made. Sale number 5 has highway access road frontage and a negative adjustment was made. The other sales are considered to be similar and no adjustment was made. Flood Plain The next consideration is for the adverse influence of a tract being situated with the 100-year flood plain. As previously mentioned, a portion of the Subject is located within the 100-year floodplain. V-14 Sales numbers 1 and 2 are partially located in the flood plain. These two sales were not adjusted. The other sales are not located in the flood plain, or only a small portion, and negative adjustments were made. Utilities The subject has water and electricity available to the site; both are supplied by rural carriers. Sales numbers 2, 3, 4 and 5 have similar utilities/access to utilities. No adjustment was made for this factor. Sale number 1 has access to city utilities and a negative adjustment was made. Shape/Topography This adjustment takes into consideration the topography (terrain) of the Subject property and how developable it is. The Subject has gently rolling topography and is more than 50% cleared. All of the sales have similar topography and no adjustment was made. CORRELATIONS AND CONCLUSION Sales Adjustment Grid Subject Sale Comp No. 1 Sale Comp No. 2 Sale Comp No. 3 Sale Comp No. 4 Sale Comp No. 5 County Roads 286, Address Anna, Texas CR 277, Melissa 6511 CR 277, Melissa FM 455, Anna 8434 CR 206, Weston CR 284, Anna Property Rights Conveyed Fee Simple Similar 0% Similar 0% Similar 0% Similar 0% Similar 0% Financing Terms Typical Similar 0% Similar 0% Similar 0% Similar 0% Similar 0% Conditions of Sale Cash Cash 0% Cash 0% Cash 0% Cash 0% Cash 25% Market Conditions 3/31/2022 4% 7/14/2021 7% 4/30/2021 8.33% 3/30/2022 4% 11/19/2021 5% Adjusted Total (Multiplied Adjustments) $ 79,484 $ 62,839 $ 60,837 $ 41,502 $ 113,891 Land size (acre) 206.48 56.78 0% 104.67 0% 4.20 0% 25.17 0% 103.91 0%` Zoning None None 0% None 0% None 0% None 0% None 0% Location Average Inferior 10% Inferior 10% Inferior 10% Inferior 25% Superior -10% Frontage Average Similar 0% Similar 0% Similar 0% Inferior 10% Superior -100A Flood Plain Average Similar 0% Similar 0% Superior -5% Superior -5% Superior -10% Utilities Rural Superior -5% Similar 0% Similar 0% Similar 0% Similar 0% Shape/Topography Average Similar 0% Similar 0% Similar 0% Similar 0% Similar 0% Gross $/Acre $ 76,611 $ 58,682 $ 56,157 $ 40,002 $ 87,120 Net Adjustments 5% 10% 5% 30% -30% Adjusted $/Acre $ 3,974 $ 6,284 $ 3,042 $ 12,450 $ (34,267) Adjusted Total/Acre $ 83,459 $ 69,123 $ 63,879 $ 53,952 $ 79,724 Conclusion The adjusted comparables range from $54,000 per acre to $83,000 per acre. The mean (average) value for the adjusted comparables is $70,000/acre. Without the high and low extremes, the mean is $71,000/acre. The median value is $69,000. It is our opinion that the market value of the Subject would be at the upper end of the range of the adjusted values. A current market value of say, $75,000 per acre is considered reasonable. Thus, for the Subject Property, our opinion of the "As Is" market value of the Whole Tract (before the take) for the Fee Simple Estate, as of December 2, 2022 , is: 206.48 acres X $75,000 $15,4863,000 Say $155500,000 FIFTEEN MILLION FIVE HUNDRED THOUSAND DOLLARS Adjustments for Individual Tracts The Subject Property "as is" is comprised of 206.48 acres. As determined by the previous analysis, our opinion the market value or the "as is" value is $15,500,000 or $75,000 an acre. However, there are multiple easements proposed by the City of Anna as well as a full fee simple purchase out of the "Whole" tract. The size and type of each are detailed in the chart below. V-16 Description Water Reclamation Site Outfall Pipeline Easement Permanent Sewer Easement Temporary Construction Easement Type Acreage Fee Simple/Full Taking 28.096 Permanent Easement 3.304, Permanent Easement 3.365 Temporary 3.672 38.437 The Water Reclamation Site is to be a full taking or Fee Simple Estate purchase by the City of Anna from the current owner, John Rattan and the Estate of Dow & Sue Rattan. This represents 100% of the market value as determined previously. The Pipeline Easement connects the Water Reclamation Site to the Sewer Easement and the Trinity River. This is a permanent easement and will restrict the current owner from building a permanent structure directly on the site. The Sewer Easement runs adjacent to the East Fork Trinity River and Hurricane Creek and is a permanent easement. It will also restrict the current owner from building a permanent structure directly on the site. The Temporary Construction Easement runs contiguous with the Sewer Easement is intended for the purposes of constructing the permanent easement. Estimated timeframe is 18 months for construction. The two permanent and one temporary easement represent a partial taking of the bundle of ownership rights, which represents a diminution of the market value. The sewer and outfall pipelines are to be underground but no permanent structures can be built within the boundaries of the easements. This type of easement is considered to have a moderate impact on the utility of the land. It is standard appraisal practice to discount this type of easement by 50%. Description Type Acreage Percentage Value per Acre Total Value Water Reclamation Site Fee Simple/Full Taking 28.096 100% $ 75,000 $ 2,107,200 Outfall Pipeline Easement Permanent Easement 3.304 50% $ 37,500 $ 123,900 Permanent Sewer Easement Permanent Easement 3.365 50% $ 37,500 $ 126,188 Temporary Construction Easement Temporary 3.672 50% $ 37,500 $ 137,700 The temporary construction easement is expected to be 18 months in duration. Therefore, this type of easement is most similar to a ground lease. Given that the land is rural and agricultural in use, a typical percentage for a ground lease is 10% of the market value. That is, the capitalization rate for this tract is 10% of the annual rent. The rent for the temporary easement is then calculated for the estimated duration of 18 months. Total Area of Temporary Easement (Acres) 3.67 Total Area of Temporary Easement (Square Feet) 159,952 Total Market Value of Public Utility Easement $ 137,700 Market Value per SF $ 0.86 Annual Rent/SF@ 10% of Easement Value $ 0.09 Length of Temporary Easement 18 months Value of Temporary Easement $ 20,655 Rounded $ 20,700 v-17 Value of the Whole Tract (Before the Take) $15,500,000 Water Reclamation Site $ 2,107,200 Outfall Pipeline Easement $ 123,900 Permanent Sewer Easement $ 126,188 Temporary Construction Easement $ 20,700 Total $ 2,377,988 Rounded $ 2,380,000 Total Part to be Acquired $ 2,380,000 Our opinion of the "Part to be Acquired" market value, as of December 2, 2022, is: $2,380,000 TWO MILLION THREE HUNDRED EIGHTY THOUSAND DOLLARS The above opinion of value is subject to the following extraordinary assumptions: All information provided to the appraiser (survey, legal description, property conditions, etc.) is correct. If found to be false, these assumptions could alter the appraiser's opinions or conclusions. A title policy pertaining to the subject was not provide to the appraisers for review and analysis. It is a specific assumption of this report that the subject does not encroach on the adjacent sites, or in the event of an encroachment, the value of the subject is not thereby adversely affected. Any adverse easement or encroachment could inhibit the marketability and warrant modification of the appraisal value. v-18 CERTIFICATE We certify that, to the best of our knowledge and belief ....... The statements of fact contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and is the appraisers' personal, impartial, and unbiased professional analyses, opinions, and conclusions. As of this date of the appraisal only, we have no present or prospective interest in the property that is the subject of this report, and we have no personal interest or bias with respect to the parties involved. The appraisal assignment was not based on a requested minimum valuation, a specific valuation, or the approval of a loan as required in 12 CFR Part 34.44, amended June 7, 1995. Our compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. We have performed appraisal services on the subject property of this report within the three-year period immediately preceding acceptance of this. A full narrative appraisal was completed on the Subject in June 2018. Our analysis. opinions, and conclusions were developed. and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Uniform Standards of Professional Practice of the Appraisal Institute and with USPAP as set by the Appraisal Foundation. No one provided significant real property appraisal assistance to the persons signing this certification. As of the date of this report, we have completed the continuing education programs of the Appraisal Institute. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. As of the date of the appraisal, we have completed the requirements of the continuing education program of the Appraisal Institute. The property was physically inspected by Michael W. Massey, MAI and Gina Hammack. vI-I Michael W. Massev. . AMCS December 21, 2022 TX-1320163-G Date Gina L. Hammack Appraisal Associate Cer i.fied General RE Appraiser Texas Cert. #TX-13812k-G December 21, 2022 Date VI-2 MICHAEL W. MASSEY, MAI, MRICS CURRENTLY: PRESIDENT, MICHAEL W. MASSEY & ASSOCIATES REAL ESTATE APPRAISERS & CONSULTANTS Over forty years experience in the appraisal of real properties, including commercial, industrial, special purpose and mineral interest, for mortgage bankers, savings and loan associations, insurance companies, attorneys, private individuals, public utilities, and governmental agencies. Areas of expertise include West, Southwest and Southeast United States, Republic of Mexico, Puerto Rico and the U.S. Virgin Islands. Graduated from Texas Technological University- 1966: BBA-Marketing Completed University & Appraisal Institute Courses in Real Estate Appraisal & Consulting. Awarded MAI Designation (5769) November 1977 Member Royal Institution ofChartered Surveyors (RICS) No. 6545715 Recognized as "Expert" in Real Estate Valuation in Federal, State and County Courts in several states & U. S. Court of Federal Claims - Washington, D.C. Collin County Regional Airport Board 2000-2007 Four years Chairman Collin County Facilities Bond Committee-2007 Collin County Special Commissioners Court - Panel Member McKinney ISD - Bond Committee - 2010 PROFESSIONAL DESIGNATIONS AND AFFILIATIONS: MAI --- Member, Appraisal Institute #5769 MRICS—Royal Institution of Chartered Surveyors #6545715 GAA National Association Of Realtors #440 General Accredited Appraiser National Board of Realtors Licensed Broker #I88093—Texas Real Estate Commission Licensed Appraiser State of Texas Expires March 31, 2023 State of Texas #1320163-G State of Louisiana #0369 TP State of New Mexico #TP-015 State of Arizona #AZ-201 State of California #AG014189 State of Colorado #CGO 1319505 State of Oklahoma # 11680CGA State of Arkansas #CG 1444N State of Kansas # 15.TP.253 State of Missouri #2015010226 As of this date, Michael W. Massey, MAI, MRICS, has completed the requirements under the continuing education program of the Appraisal Institute through March 31, 2023. VI-3 GINA L. HAMMACK APPRAISAL ASSOCIATE MICHAEL W. MASSEY & ASSOCIATES REAL ESTATE APPRAISERS & CONSULTANTS Graduated from Baylor University- 1989: -Bachelor of Arts in -Psychology Completed Real Estate Salesman, Property Tax Consultant, and Real Estate Appraisal Courses in Real Estate Appraisal & Consulting. Obtained Real Estate Salesman License in 1993(Currently Inactive) Obtained Property Tax Consultant License in 1995 (Currently Inactive) Property Tax Consultant—DuCharme, McMillen & Associates (1993-2001) -Represented clients in Ad Valorem Tax matters in multiples states, including Texas, California, North Carolina, Louisiana, Colorado, Oklahoma, Arkansas, as well as multiple other states. Worked with commercial and industrial clients to establish taxable value of both real estate and personal property, Represented clients before Appraisal Review Boards, State Board of Equalization and Superior Court. Account manager for multiple commercial and industrial clients, including a major insurance company and major textile company. Commercial Real Estate Appraiser — Michael W. Massey & Associates (2016-present) — Experience appraising all types of commercial, multifamily, and industrial properties, including vacant land, agricultural land, shopping centers, office buildings/condos, light industrial buildings, manufacturing plants, self -storage facilities, and mixed -use developments. PROFESSIONAL DESIGNATIONS AND AFFILIATIONS: Certified General Real Estate Appraiser #1381252-G - State of Texas Expires November 30, 2024 Licensed Real Estate Agent #424685—Texas Real Estate Commission (Expired) PROFESSIONAL APPRAISER EDUCATION COURSES Basic Appraisal Principles and Procedures National USPAP Equivalent Course Appraiser Trainee/ Supervisor Course General Market Analysis and Highest and Best Use Course General Site Valuation and Cost Approach Course General Sales Comparison and Income Approach Courses Finance Statistics & Valuation Modeling Business Practices and Ethics General Appraiser Report Writing and Case Studies As of this date, Gina L. Hammack, has completed the requirements under the continuing education program of the Appraisal Institute through November 30, 2024 vi4 MICNAEL WARREN MASSEY 3104STGERMAIN MCKINNEY, Tx 75070 �Ijif TALCB CKRYMCAT10N 90AR0 Certified General Real Estate Appraiser Appraiser: Michael Warren Massey License #: TX 1320163 G License Expires: 03/31/2023 Having provided satisfactory evidence of the qualifications required by the Texas Appraiser Licensing and Certification Act, Occupations Code, Chapter 1103, authorization Is granted to use this title: Certified General Real Estate Appraiser- Chelsee Buchholu For additional information or to file a complaint please contact TALCS Commissioner at www.talcb.texas.gov. VI-5 GINA LEA HAMMACK 2512 CAYENNE OR MCKINNEY,TX75070 ,0 �* Certified General TALCB Real Estate Appraiser TERaS APPRAISER LICENSING a CE"IFICATION WARD Appraiser: Gina Lea Hammack License t TX 1381252 G License Expires:11/30/2024 Having provided satisfactory evidence of the qualifications required 11 the Texas Appraiser Licensing and Certification Act, Occupations Code, Chapter 1103, authorization is granted to use this title: Certified General Real Estate Appraiser -- For additional information or to file a complaint please contact TALCB Chelsea Buftda Commissioner at vnvw.talcb.texas.gov. V1-b MIQUEL W. MASSEY & ASWCUTES Real Estate Consultants & Brokers November 28, 2022 Greg Peters, P.E. Director of Public Works CITY OF ANNA Re: Real Mate Valuation Proposal Sanitary Sewer Easement Thru Abstracts 158 & 677 Anna, Collin County, Texas Greg, By copy of this letter, our firm proposes to evaluate the above proposed sewer & construction easements for the extension of the Hurricane Creek Regional Water Reclamation Facility. It is our understanding that the purpose of this evaluation is to determine tho most probable current market value of; 0 106,738 S!F - 40' wide - Permanent Sanitary Sewer casement & adjacent 120,375 S/F - MY wide Temporary Construction Easement. The ownership of this project is John Hampton Rattaa in Abstract 158, Tract 4, Collin County, Texas. 0 39,845 &T, -4W wide -Permanent Sanitary Sewer easement& adjacent39,587 W -40' wide Temporary Construction Easement. The ownership of this project is John Rattan & Estate of Dow & Sue Rattan in Abstract 677, Tract 2, Collin County, Texas. It is also our understanding that the terra of the Construction Easement is to be one year after the execution of the agreements with Rattan is executed. Our written report will be in a narrative format and include: The Market Comparison Approach based on known sales of similar tracts with appropriate adjustments for variances. Our report will include the following statement: My enrtawmerna la Im ( %nsnanI Was not CO—UM901 twon dMlaA.&E or re eeft a lelwmined results'. 8104 Saint Germain Drive., McKinney, TX 75070 phone 972-562-2829 - cell 214.808-3688 • kx 972.562-4428 V11-2 S thsenuent event dir r d t t d to N e intended a ojl/=a! p nlsnl Ma analMs pinions mil and-usJous nym develultoLl and d ' rmrt ka+ been mepomd in conforminr rvitk the Uniform Standards off of Intml Pmefice WSPAP 2022 2n n Our feefor (his assignment will be 54,M.00, and a completion and delivery time ofapproximatcly twoworkingwceksaftatheawAptwiwofthispwposal. Should testimmryberequired anadditional charge of S400/hr. is applicable. We appreciate the opportunity to be of service. Respectfully submitted, MICHAEL W. MASSEY & ASSOCIATES e Michael W. Masse AI, MRICS president _Accepted �I-� 3b Z' pate VII-3 KNOW ALL MEN BY THESE PRESENTS, that John Hampton Rattan, (hereinafter called "Grantor"), in consideration of one dollar (S 1.00) and other good and valuable consideration paid by the City of Anna, Texas, (hereinafter called "Grantee'% the receipt and sufficiency of which is hereby acknowledged, do hereby grant, bargain, sell, transfer, and convey to said Grantee, its successors, and assigns, a perpetual easement with the right to erect, install, construct, and lay and thereafter use, operate, inspect, repair, maintain, replace, and remove sanitary sewer lines and appurtenances in and through Grantors' land, a tract of land for Permanent Sanitary Sewer Easement 40-foot width and being under, over and across Tract 4 in the H.T. Chenoweth Survey, Abstract 158, Collin County, Texas, a called 106ABS acre tract conveyed to John Hampton Rattan by deed recorded in Instrument Number 19960829000742040 of the Deed Records of Collin County, Texas (D.R.C.C.T.) together with the right of ingress and egress over Grantors' adjacent lends for the purpose for which the above mentioned rights are granted. The easement hereby granted shall be a 106,738 square foot sanitary sewer easement, being more particularly described in Easement Exhibit "A", anac hed hereto and made an integral part of this easement. Thcre is also hereby granted a temporary construction casement 40 feet in width being more particularly described in Easement Exhibit "A". attached hereto and made an integral part of this easement. for the purpose of constructing a sanitary sewer line and appurtenances, the term of which temporary construction easement to and when construction of same is completed but not later than one year after the date of execution of this document, as acknowledged below. The consideration recited herein shall constitute payment in full for all damages sustained by Grantor by reason of the Installation of the structures referred to herein and the Grantee will maintain such easement in a state of good repair and efficiency so that no unreasonable damages will result from its use to Grantor's premises. This Agreement together with other provisions of this grant shall constitute a covenant cunning with the land for the benefit of the Grantee, its successors, and assigns. The Grantors covenant that they are the owners of the above described lands and that said lands are free and clear of ail encumbrances and liens except the following: IN WITNESS WHEREOF the said Grantor(s) has/have executed this instrument this day of .2022. John Hampton Rattan By: Print Name: ACKNOWL EDGM M STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned. a Notary Public in and for said County and Stan, on this day personally appeared known to me to be the person (s) whose name (s) is (are) subscribed to the foregoing instrument, and acknowledged to me that he (she) (they) executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE _ day of .2022. (Seal) VII-4 Notary Public, State of Texas John yamWon Rattan Pared No 13 02U N019 CV ofAmm E=Bff "A" FIELD NOTE DESCRIPTION PERMANENT SANITARY SEWER EASEMENT CITY OF ANNA, TEXAS Being a had of land for Permanent Sanitary Sewer Eastman 40-foot width and being under, over and across Tract 4 in the H.T. Chenoweth Survey, Abstract 158, Collin County, Texas, a called 106.489 acre tract conveyed to John Hampton Rattan by dead recorded in Instrument Number 19960829000742040 of the Deed Records of Collin County, Texas (D.R.C.C.T.). said 40-foot wide Permanent Sanitary Sewer F.ascutent being more particularly descdbod as follows; BEGINNING at a point for corner, said point being on an established fence line, on the north properly line of said 106A88 sera Rattan tract and being on the south property The of Tract 3 In the H.T. Chenoweth Survey, Absbw 1 S8, Collin County, Texas, a called 101 acre tract conveyed to MJLA Adams, LTD. by deed recorded in instrument Number 2011 OSOS000462S70 of the D.R.C.C.T.. sold point bearing 2MTSI" W, a distance of 3.184.16 feat from a 1/2-inch Iron rod found on the centerline of County Road 286 (an established cast -vast gravel road), on tho northeast property corner of Tract 4 in the Bastain Oliver Survey, Abstract 677, Collin County, Texas, a called 40.00 acre tract conveyed to R&D Aycock, LTD by deed recorded In Instrument Number 2MO2130002315070 of the D.R.C.C.T, the northwest properly comer of Tract 3 In the Bastain Oliver Survey, Abstract 677, Collin County, Texas, a called 6140 acre tract conveyed to Pansy Family Limited Partnership by deed recorded in Instrument Number 1997 100 1 0CM9130 of the D.R.C.C.T., and the south property line of Tract 2 In the Bastain Oliver Survey, Abstract 677, Collin County, Texas, a called 56.00 acre bad conveyed to John Rattan & Estate of Dow & Sue Rattan c/o John Rattan by dead recorded In Instrument Number 2009091 SO01153020 of the D.R.C.C.T, said point also bearing S 1701834" W. a distance of 1.076.87 feet from a 112--1neh iron rod found on an easterly interior property corner of Tract 19 in the H.T. Chenowath Survey, Abstract l S& Collin Comity. Traces, a called 204371 acre tract conveyed to Twin Rivers Estate, LLC. by deed reoordtd in Instrument Number 20080229000243760 of the DILQC.T., and the southwest property comer of Tract 2 in the H.T. Chenoweth Survey, Abstract 158, Collin County, Texas, a called 216.801 acre tract conveyed to Vwla Sue Holland & Maurine Dickey by deed recorded in Instrument Number 199SM 16=110690 of tits DJLC.C.T.; THENCE, S SOV011 W, depuft the common property line of said 106.489 acre Rattan tract and said 101 acre MJLA Mad. a distance of 19.12 fat to a point for comer, THENCE, S 7201031 W, a distance of 996.03 feet to a point for comer, THENCE, S 2204732/ W. a distance of 301.73 feet to a point for comer, THENCE, S S 100&W E, a distance of 915.75 fed to a point for comer; THENCE. S 250(M 1 ` E, a distance of 405.96 feet to a point for comer. THENCE, S Ol°S l'13° E, a diatmm of 200.01 fat to a point for comer, THENCE, S 44W40" E. a distance of 168.18 feet to a point for comer, said point being on an established fence Iio% on tho south properly Tune of said 106ASS acre Rattan but and the north property line of said S6.00 acre Ratter tract; evWbVj%4xft=PQ1P 1,e.09eraw Uam PW1013 VH-5 Jahn Nmn7nna Ration Parer No 13 02R6,7019 City (Anna EXHIBIT "A" TI IFNC(; N 89°3218" W, along said fence line and said common property line, a distance of 56.13 feel to a point far comer, THFNCE, N 44-05-40" W. dupsrting mid fence line and common property line, a distance of 144.25 feet to a point for comer THL•NCF, N O1a5 VI3" W, a distoncc of 207.27 feel Ina point for enmer THENCE, N 25000'21" W, a distance of 388.50 feet to a point for corner TI IFNCI., N 51006'02" w. a distance of 926.15 feet to a point for comer THENCE N 22047"32" E. a distance of 348.50 fed to a point for corner THENCE, N 7290'53" E, a distance of 967.28 Nola a point for corner, mid point heing on said fence line on mid common properly line of mid 106A88 acre Raltan and and mid 101 acre M31J\ bract; THENCE, S 87"04'49" B, alongsaid fence line and said unnmon property line, a distance of 64.43 fed to Ore POINT GF BEGINNING, mid 4Mbot Permanent Sanitary Sesser lasmncnt cmrlaining 2.450 acres (106.738 square fed) of land, mom or loss. Also a 40-foot wide temporary construction easement being immediately adjacent to and parallel with the easterly logs of the above described Permanent Sanilary Sewer Basement and containing 2.763 acres (120.375 square feel) of land, mom or less. Notes: 1. Bearings and distances cited in this field note description are based on the Texas State Plane Coordinate System, NAD-83, Texas North Central 7onc 4202, 2. Field survey cmcl,dLd no 1211712018. 3. An Easement ['lot of even date herewith accompanies this Field Note Description - Gary C. I lendricks, P.E., R.E Texas Registration No. 5073 Airkhorr. Hendricks & Cam: TBPLS Firm No. 100318-W 11910 Greenville Avc.. Suia Vallusr Tex05 74243 WHM Pw2 qfJ _ x N.T. CHDMWETH `R ABnRAGi IN 000M CWNIY. 2 LEASE FORM TMKTY RM N-,lv6 21Y� r¢I. m � w ruc]nv2.re SW AO?Y WV,9? E4509 2.450 ACRES (108.718 SF) a -MAN OIA97 sum N7300I/w �srtJc! sn AWV5'40'W ttxly bUHiT, lx. .T�50' (-1iA15' ?- S7-2-*IOWV EXHIBIT "A" PAGE 3OFI --MIPRC/M [REV( MN AN Wim" lxsaT u.. . isW C'f1LD MR, l(NS nm. xc. me°uewaern° 64Ai' F'W REFERENCE GEARING S1*16'S4W- 1.075.67' IN9T. NO, 19960829000742040 �/ b �u�c,;�ggY��?B GF' 3�O�o• I V iL N 4A6- wNaSW1 1/2 I ^11 � LRI ��e��9�, Imo• LFf IgNa1 PARCEL NQ 13 of CITY OF ANNA, TEXAS �.Pp¢ 'sieyaEfiS JOHN HAMPTON RATTAN wwe e°°rmeurt ss'•x xw-e1 ]Eus a iNTF. iaa`n Niixelm _ 0 PERMANENT SANITARY SEWER EASEMENT xNN c[rmw ia+e .Tm. BFRKHOFF, y55uRVEy HENDRICKS & CARTER, L.L.P. FEB A Aral mz[pL¢RPt JI °v 64 N[ 14lQI=300FFLT fi•�i��r9r\ HwFFSSIGnnt tNGlvFtac TeRFine Na. s3.TOA.s]1,m.�'a IroJIMo 2019 WSMx ILNNWiS MS F)X@R. U� 1191°eMxiO: Me.eaielW lhlln, Tew rC.]I.IJ,]41�10.n PERMANENT SANITARY SEWER EASEMENT KNOW ALL MEN BY THESE PRESENTS, that John Rattan & Estate of Dow & Sue Rattan do John Rattan, (hereinafter called "Grantors"), in consideration of one dollar ($1.00) and other good and valuable consideration paid by the City of Anna, Texas, (hereinafter called "Granted), the receipt and sufficiency of which is hereby acknowledged, do hereby grant, bargain, sell, transfer, and convey to mid Grantee, its successors, and assigns, a perpetual easement with the right to erect, install, oonstruc4 and lay and thereafter use, operate, inspect, repair, maintain, replace, and remove sanitary sewer lines and appurtenances in and through Grantors land, a tract of land for Permanent Sanitary Sewer Fasement 40-lbot width and being under, over and across Tract 2 in the Bastain Oliver Survey, Abstract 667, Collin County, Texas, a called 56.00 acre tract conveyed to John Rattan & Estate of Dow & Sue Rattan do John Retain by deed recorded in Instrument Number 20090915001153020 of the Deed Records of Collin County, Texas (D.R.C.C.T.) together with the right of ingress and egress over Grantors' adjacent lands for the purpose for which the above mentioned rights are granted. The casement hereby granted shall be a 39,945 square foot sanitary sewer easement, being more particularly described in Easement Exhibit "A", attached hereto and made an integral part of this easement. There is also hereby granted a temporary construction casement 40 fact in width being more particularly described in Easement Exhibit "A", munched hereto and made an integral part of this easement, for the purpose of constructing a sanitary sewer line and appurtenances, the term of which temporary construction easement to end when construction of same is completed but not later than one year after the date of execution of this document, as acknowledged below. The consideration recited herein shall constitute payment in full for all damages sustained by Grantors by reason of the installation of the structures mlemd to herein and the Grantee will maintain such easement in a state of good repair and efficiency so that no unreasonable damages will result from its use to Grantors' premises. This Agreement together with other provisions of this grant shall constitute a covenant running with the land for the benefit of the Grantee, its successors, and assigns. The Grantors covenant that they are the owners of the above described lands and that amid lands arc free and clear of all encumbrances and liens except the fallowing: IN WITNESS WHEREOF the said Grantor(s) hasliave executed this instrument this _day of . 2022. John Rattan & Estate of Dow & Sue Rattan do John Rattan By: Print Name: ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF COLLIN BEFORE MI- the undersigned, a Notary Public in and for mid County and State, on this day personally appeared known an me to be the person (a) whose more (a) is (are) subscribed to the foregoing iruroument, and acknowledged in me that he (she) (they) executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE _day of , 2022. (Sal) VII-S Notary Public, State of Texas Jahn Rattan & Fatale of Dow & Sue Rattan do Jam Rattan Pawl No 12 COMM ClryofArmo EXHIBIT "A" FIELD NOTE DESCRIPTION PERMANENT SANITARY SEWER EASEMENT CM OF ANNA, TEXAS Being a tract of land for Permanent Sanitary Sewer Easement 40-foot width and being under. over and across Tract 2 in the Bastain Oliver Survey, Abstract 677, Collin County, Ttrxw a called 56.00 we tract conveyed to John Rattan & Estate of Dow & Sue Rattan do John Rattan by deed recorded in instrument Number 200M I SM 1153020 of the Deed Records of Collin County, Texas (D.R.C.C.T 1 said 40-foot wide Permanent Sanitary Sewer Easement being mono particularly described as follows; BEGINNING at a point for center, said point bring on the ccntedirte of County Road 286 (an established cast went gravel road), on the south property line of said 56.00 acre Rattan tract and being on rho north property line of Tract 4 in the Bastain Oliver Survey, Abstract 677, Collin County, Texas, a called 40.00 acre tract conveyed to R&D Aycock, LTD. by deed recorded In Instrument Number 20MM 130002315070 of the DJ LQC.T., said point bearing N 890-WI0" W, along the cenmdiao of said County Road 286, a distance of 1.4$3.73 feat from a 1/2-inch iron rod found on said centerlino of County Road 286, on the northeast Property caner of acid 40.00 acre Aycock tract, the northwest property comer of Tract 3 is the Bastain Oliver Survey, Abstract 677, Collin County. Texas, a called 62AO acre tract conveyed to Pansy Family Li *W Partnership by deed recorded In Inst tnnent Number 19971001000829130 of the DJLC C T., and do south property line of said S6.00 acre Rattan tract, said point also bearing N 6SW43" W, a distanco of 4,727.87 feet from a 112- inch iron rod found on the southeast pro" corner of sald 99.10 acre Panay but the noitheast property corner of Tract 8 In the Bastain Oliver Survey. Abstract 677. Collin County, Texa4 a called 5.0 we eras conveyed to John P. Walden by deed recorded in document not found and the west property line of Tract 9 in the W.E. Throckmorton Survey. Abstract 898, Collin County, Texsa, a called 60.0 acne tract conveyed to John P. Walden by deed recorded In document not found; THENCE. N 8904010" W, along said ocatedine ofCounty Road 286 and the common property line of aid 56.00 acre Rattan tract and said 40.00 acre Aycock tract, a distance of 4I A7 feet to a point for corner, THENCE, N IS°05W W, departing said centerline of County Road 286 and said common property line, a distance of 6.43 feat to a point for corner; THENCE, N 00°52'S V E, a distance of 75S.34 feet to a point for comer, THENCE, N 440040" W, a distance of 237.68 feet to a point for corner, said point being on an establish fence line and on the common property line of said S6.00 acre Rattan tract and Tract 4 in the H.T. Chenoweth Surrey, Abstract I S8, Collin County. Texas, a called 106ASS acre tract conveyed to John Hampton Rattan by deed recorded in Instrunrtent Number 19%0829000742040 of the D.R.C.C.T.; THENCE. S 8913r48" E, along said fence line and said common property line, a distance of 56.13 feet to a point for corner THENCE. S 440OY40" E, departing said fence line and said common property line, a distance of 214.86 feat to a point for comer; nWartwwowasuL...eowitdnmyamrauestRborneoc Prue I C13 VII-9 Jdm Ranan d Even, a/Dmv d Sar Rattan do Ad Rattan parcel No 11 0112a7019 Crty a%Amm E%HIBrr "A„ TI IENCE, S 00°52'5 1" W, a distance of 766.28 feet to a point for cancer, 731ENCE, S 15-05-06" E, a distance of 11.79 feel to the POINT OP BEGINNING, said 40-foot Pemmrncnt Sanitary Sewer Easement cominining 0.915 apes (39,845 square feet) of land, mare or less. Also 40-Fact wide temporary construction casement being immediately adjacent to and parallel with the easterly legs or the above described Pcmmncnt Sanitary Sewer Easement and containing 0.909 acres (39.587 square feet) of land, morn or less. Naves: I. Bearings and distonces cited in this Feld note description am based an the Taxes State Plane Coordinmc System, NAD-83, Texas Nome Central Zmte 4202. 2, Field survey concluded an 12272018. 3. An Easement Plat ofeven date herewith tacmnpantes this Field Note Description. Gary C. Hendricks, P.E., Texas Registration No. 51 Birklcoff, Hendricks & G TBPLS Firm No. 10031& 11910 Greenville Ave., S Dallas, Texas 75243 nvymr.wwavina n.,...ortarwx�e..s,. n,.m,oMs«aa�er�,xa: VII-10 I-W I EXHIBIT "A" I PAGE OF i Itr (H l .. , tx) W!J t01.b N H£f. MD. ipNOAGODT3IW NL CNENONEIH SORJEY 'BSIR1Cf IS! I d Y1P1 YNIP,6Y MRIN RRKf ). IffiT. RSA S8977'49F ss. rF' C"UI CQRf1Y� 2 nST. w bssi ms'evowNxmw —>•--- � -- -- rrsr. to EASt FORK 1Ru 1 y 1 (39,B4.i .SFJ Sa.28, W ��s8' r m95x ♦. �amr, s 40' 7EMPONARY xI[, WRr E p®" / cum n.ro � C0N6IRUCTA7M Ei7SE1 uin.("'xro.'ti�w 'namiaeoIW5M 0.909 "Es 755.J4' (39,587 SF.) /R sa I r.7B" fl.78' I I % ~ N15'SSb6W b.d' / MR9's6707P rc.N,,.ao .".tr n _CVwRl I4Rp Pm. xo. xomoewwauuw� N'Jf3 ,. e"Rws w IYAiw4E5 cRa x nes Pur rcarnencx ur msm m � tou¢ nPrz rwc wam.ux as,a. Nbal, true 0 JCO rrnm mnrvz mNt .mz r. rx,n amnvs acwom mt :vermin 3. rm w'l[ OiGPKKt a nEN art r M - SSG FEET KPLWfII ICMPlN45 11¢i wlbt. � 9(STM7 OWOt SURVEf PasmrC( Er. � OWN,r. M JOHN RATTAN RESTATE OF DORM & SUE RATTAN C/O JOHN RATTAN ORrC 2, AEST. 677) CALLED 56.00 ACRES INST. NO. 20D909150011SM20 REFERENCE LrA M \ Mr., OF Emam I.R.£ va rrcoui. w. V t`{! `�^� + I PARCEL Mn 12 CITY OF ANNA, TEXAS AN & ESTATE OF DOW & SUE RATTAN CIO JOHN RATTAN i R.F PM FMl C.R. 2E6 tnrRx P+Rnxus w (IIwl611H1. Wl oaten eza car. ,m. ,ca>twtltoexol!o FEB 2019 Exhibit A _ TRACT -ONE: SITUATED in Collin County, Texas, in the H.T. Chenoweth Survey, Abst. No, 158 and being off the west end of 210 acres described in a dead from the Heirs of R.L. Rollins, deceased, to J.C. Welborn dated Sept. 12, 1945, and recorded in Vol. �354, Page 464, Collin County Deed Records; BFAMING at .an iron Stake in the south line of said 210 acres, at the southwest corner of a tract. of 35 acres, called South Tract; said 38 acres being out of the aoutheast portion of said 210 acres; from which beginning stake a corner post at the southeast corner of said 210 acres is located as follows:. •South 89 degrees East 608.9 feet -south 88 degrees 07.minutes Bast 780.0 feet South 88 degrees 1S minutes East 1041.0• feet to said corner poets THENCE Westerly, with evidence of -old fence on the south line of said 210 acres as follows: North 89 degre0s 30 minutes West 1723.S feet North 68 degrees 43 minutes West 397.9 feet to an old post therein from which a 240 Walnut marked 3 hacks bears Hest 35 degrees and South 3 feet and an 18" Haekberry marked 3 hacks bears East 31 feet North 88-3/4 degrees west 246 feet to a point in the center of East Fork Creek; THENCE upstream, with the'center of said Creek and its meandering to ite • intersection with the center of Hurricane.Creek and then up the center of •Hur:ricane Creek, as tollows: North 32 degrees East 140 feet -North 19-1/2 degrees West 507.5 Feet North 33 degrees West 450.0' feet North 57-1/4 degrees East 436.0 feet. North 22-3/4 degrees West at•150 feet said intersection with center of • Hurricane Creek is 22 feet West, in all 3.67 feet North 33 degrees Eptst 333 feet VII-12 Exhibit A (Contiuued) ' North 12 degrees East 319 feet r South 32-3/4 degrees East 187 feat North S3-1/4 degrees Bast ill feet. South 84-3/4 degrees Sant 143 feet North 3S-1/4 degrees Zaot 194 feet South 68 degrees Bast 252 feat to a point in the Centex of Hurricane Creek from which an 8" Mh marked-3 hack8 bears East 21 feet and South 3 feat; THENCE Bafaterly with an establishment fence on the north line of said 210 acres as follows: South 85 degrees 15 mi.nutts East 550.E feet : South 86 degreee 21 minutes Bast 1005.3 feet to an iron stake therein, at the Northwest ,corner of a t•,ract of 35 acres, called North Tract;' THENCE South 1 degree 45 minutes Neat, with the treat lines of three tracts of 35 acres surveyed off the *&at side of said 210 acree, at 630.6 feet an iron stake, at 1244.8 feet an iron stake, ij► all 1062.7 feet to the place of 'RSOINNINQj eotsttaining 106.408 aczvs of land, more or leas. TRACT TKO: 6xTE7lATLD in Collin County, Texas, in the H.T. Chenoweth Survey, Ahst. No. 159 and being a part of 210 acres described in a dead From the Haire of R.L. Rollins, deceased, to J.C. Welborn dated Sept, lZ, 1945, and recorded in Vol'. 354, Page 464, Collin County Med Records; 9EGINNIttCt at an iron stake at the Northeast comer of said 210 acres: THSt4CR (South 1 degree 15 minutea Walt 649.6 Sect to an Aron stake thereinj THENCE Northt'89 degrees 18 minutes West 2442.0 Sect to an iron stake; THENCE North-1 degree 45 minutee Bast 630.6 feet to an iron stake in the North line of said 210 acre*# THENCB Easterly. with an established fence on the North line of said 210 acres as follows: South 88 degrees 30 minutes East 1227.5 feetp North 89 degrees 30 minutes Ease 700.0 feet, North Be degrees 15 minutes East 500.0 feet to the place of BEG;X ZNo, f containing 35,00 sores of land, more or less. 2 of 6 VI1-13 Exhibit A,. continued TRACT THRER SITUATBD in Collin County, Texas, in the H.T. Chenoveth Survey, Abet. No. 158 and being a part of 210 acres described•in a deed £roar the Heirs of R.L. Rollins,•deceased, to J.C. Welborn dated Sept. 12, 1945, and recorded in Vol. 354, Page 464, Collin Co=ty Deed Records; BEGINNING at ad iron stake in.the East Line of said- 210 acresl from which i�?n Northeast comer bears KvrMV 1 degree IS minutes Sant 549.6 tact; TIiaiaCE Southerly, with a existing fence line as follows: South I degree 12 minutes West 478.1 feet; South 1 degree 16 minutes Bast 154.5 feet to an iron stake therein! THENCE North 08 degrees Sa minutes Nast 2454.5 feet to an iron stake; 'rNENCB North 1 degree 45 minutes Eaet 614.2 feet to an iron stake; THENCE South 89 degrees 18 minutes Bast 2442.0 feat to the place of BEGINNING, containing 3s.0o acres of land, more or less. TRACT FOURS SITUATED in Collin County, Te4ww, in the H.T. Chenoweth Survey, Abet. No. 150 and being a part of 210 acres described in a deed from the Heirs of R.L. Rollins, deceased, to J.C. Welborn dated Sept. 1.2, 1945, and recorded in Vol. 354, page 464, Collin County Deed Records; SE032WIM at a Bois Marc corner post at the present southeast corner of said 210- acres i THENCE W6aterly, with an establi.srhed fence line as follows: North 86 degrcce 15 minute* West 1043.0 feetr North 88 degrees 07 minuten Went 780.0 feet, North 89 degrees 00 minutes West 608.9 feet to an iron stake thereinj THENCO North. 1 degree 45 minutes 617.910etf THENCE South 88 degrees 52 minutes East 245d.5 feet to an iron stake in the Bast line of said 210 acrea;• THENCL South 1 degree 16 minutes East 195.4 feet to a corner poet; THENCE *lest 34.0 feet to a comer post, , THENCE South 1 degree 37 minutes Met 441.5 fact to the place of BEGINNnw, containing 3S:00 acres of hand,. more or less. 3 of 6 VII-14 Exhibit A,. continued TRACT FIVA:- A tract of land in the John Elliott•S"wey, Abstract No. 295, Collin County, Texaa,, and being more particularly described by me:too and bounds as follows: 88GMNING in the twiddle of a small branch in the West line of said Elliott Survey, A atake froo which as Ash m rkesd X baAzs North 45 degrees West 10 links; - THENCE North- 81.5- degrees Bast 38.50 chai.ne in the Went line of •the William Kitcho-n Survey; THENCE South 24.95 chains, a stake in the road; CE South 77 degrees Want 12.30 chains, a stake 9 feet North of fence; THENCE South 6S degrees West running 9 feet North of fence IS Chains, A Stake) THENCE West 6.60 chains, a stake; THENCE South 75 degrees Went running 9 feet North of picket fence 6.5 chains, a atake in the West lino of the Elliott survey and Fast line of the Chenowith Survey; THENCE North therewith 29.70 chakno to the beginning, containing 107.71 acres of land, more or less. TRACT 6 SITUATED IN COLLIN COUNTY, TEXAS, IN TUB W. M. XITCHENS SURVEY, ABSTRACT NO. 504, BRING A R84MVET OF THE 98.OS4 ACRES'OF LAND DESCRIBED IN A TRUSTEE'S DEED FROM MARK A. aYR MAIIM, TRUSTEE TO W R. BEAVERS AND RICHARD LOKBARD2, TRUSTEE, RECORDED ru VOLUME 3252, P*13 832 OF THS Comm Cowry LAND RECORDS, BEXW DBSCRISED'BY HETES AND SOUNDS AS FOLLOWS: B80I%wim AT AN IRON PIN FORBID AT THS WEST RLL COFAM OF SAID 98.054 ACRE TRACT, AT THE SOUTHEAST CORNER OF THU WAYNE SMMLEY 10 ACRES AND.AT TH8 INTERRSEMON OF THE CENTER OF+. COtMTY ROAD NO. 206 FROM THE WF7ST TO TH$ NORTH; THENCE NORTH 4 391230 BAST, 998.14 FRET WITH A WEST LINE OF SA=D 90.054 ACRE] TRACT, THE EAST LINE OF SAID 3.0 ACRE TRACT AND WITH THE CENTER OF'SAID ROAD TO AN IRON PIN FOMW AT THS NORTH, NORTHWWT CORNER OF SAID 98.054 ACRE TRACT, AT THE NORTHEAST CORNER OF SAID-1O ACRE TRACT, AT THE SOUTHEAST CORNER OF THE WAYNE SHERLBY 90 ACRES, REF. VOL. 294, PG. 329, AT THE SOUTHWEST CORNER OF THE SUN RATTAN 10.75 ACRES, REP. VOL. 439, PG. 103 AND AT THE -JUNCTION Or SAID ROAD TO THE NORTH WITH COUNTY ROAD NO, 284 FROM TUB EAST; THENCE SOUTH: 85 34'26- EAST, 2011.64 FEET HITA THS NORTH IoXNE OF SAID 98.054 ACRE TRACT; THE SOM LINE OF SAID 10.75 ACRE TRACT# WE SOUTH LINE OF THE JON SHERLBY MILLER 101.65 ACRES, REF. VOL. 2667,'PG. 673L AND THE CENTER OF SAID COUNTY ROAD NO. 284 TO AN IRON PIN FOMD AT THE NORTH, NORTHEAST CORNER Or SAID 98.054 ACRE TRACT, AT A SOUTHEAST CORNER OF SAID 101.65 ACRE TRACT, IN•THE WEST LINE OF THE COFFMAN CEKETERY 1.10 ACRES FAST OF ifHEtS S= COUNTY ROAD NO. 284 CORNERS TO THE SOUTH) ' THENCE SOUTH 2l21'06" EAST, 127.66 PEST -WITH THE EAST LINE OFF S=33 98.054 ACRE TRACT AND. THE WEST LINE OF SAID 3.-le ACRE TRACT TO AN IRON PIN FOUND AT AN ELL. CORNER OF SAID 98.054 ACRE TRACT AND•AT A SOUTHWEST CORNER OF SAID 1.18'ACRE . TRAM ' 4of6 VII-15 Exhibit A, continued THSNCB affirm 00rO0'S60 EAST, 21.68F6ST WITH. A NORTH LINE OF SAID 98.054 ACRE TRACT AND A SOUTH 14INE OF SAID 1.10 ACRE TRACT TO AN IRON PIN Fot1ND AT TAB BAST, NORTURAST CORNER OF WaD 98.DS4 ACRE TRACT AND AT AN ELL CORNER OF RAID 1.18 ACRE TRACTI TASRCS SOUTH 4 2S' 30" WSST, 30.95 PRE WITii }1N BAST LING OF SAID 98. 054 ACag TRACT AND A WEST LINE OF BATD 1.29 ACRE TRACT TO THE NORTUNBST CORNER OF THE W. R. BEAMS 7.99 ACRES, RBF. DOCENT NO, 98-0009600 AND AT THE SOUTH, SOMMEST CORHBR OF BARD 1.18 ACM TRACT ON. THB SO= SIDE OF. SAID COUlFrr ROAD NO. 204, BAST OR "HERB SAID PMV COBNM TO THE EAST THBNCB • AOM A4 23' 37" WBBT, 1656.0 PERT PUTH•. THE BAST LXWE OF SAID 98.054 ACRE TRACT AND THE NEST UM OF SAID 799 ACRE TRACT TO. AN IRON PIN SET AT THR SOUTHWEST CORM OP SAID 7.99 ACRE TRACT AND THE BOUrHBAST CORNER O8 MID 98.054 ACRE TRACT AND rN THE NORTH LINE OF RANCHO DEL NOME. OBC TON 1, REF. V .' S. P. Boo; . THENCB NORTH 86 191280 "M) IMS THE SOUTH LIM OF SAID 98.054 ACRE TRACT AND THS NORTH LING OF RANCHO DEL. NORTH. SECTION 1 MW 65MO:I 2, PASSING AN IRON PIN FOUND AT 3623.34 VERT AND CORTUMING IN ALL 2652.3S FX9T TO AN MUM PIN FOUND AT THR 'BOUTLiWHST CORNER OF SAID 98.064 ACRE TRACT, AT THE 140RTIMST COMR OF SAID RANCIEO DEL. SORTS, SECTION 2, IN THR RUT LINE OF THR WN ROWAN 107.7 ACRES, REF. DOC. NO. ' 95-0074305. AND IN THE CHMR OF SAID COUNTY ROAD NO. 206 j TH=m noRTH 4 35'Z5p EAST, 666.66 PEST NITS THE WEST t,1110 OF SAID 98.054 ACRE ?RAM* TH6 BAST IMM OF SAID 107.1 ACRE TRACT AND TUB BAST LIM OF THE HAMM OMMIB7C 77 ACRES, 98F. VOL. 294, PG. 524 TO AN TRON PIN FOUND AT THE -MM, XORTii MT CORNER OF SAID 90. 054 ACRE TRACT AND 3X THE BAST LINK OF RAID 77 ACRR TRACT AND AT THR SOUTHWEST CORNER OF SAID 10 ACRE TRALrf TH$NCH SOIiTQ 83—rovesR'EAST, S96.36 VWT WITH A NORTH Lrm OF RAID 9e.OS4 ACRfd TRACT AWD THII SOUTH LIM OF SAID 10 ACRR TRACT AND THR CENTER OF SAID COMM ROAD NO. 206 TO THE PLACE OF 9WINNING AND CONTAINIM 97.682 ACRES ,0P LAND. 5of6 VII-17 TRACT 7 SITUATED nr 001,LIN COUNTY, TSXAS, iN'THR ROBBRT A.. JOHNSON SURVEY, ABSTRACT NO. 479, BRING A RESURVEY OF THE 7.99 ACRES Off' LAM AIBSCRIHJRD XN A DEED FROM R. B. AYCOCR AND WIFE BARSHXA AYCOCK TO H. R. BEAVERS DA=D VS13KUAAY e, 1995, RBCORDBD IN DOCUMENT NO. 9S-0009600, D$LNQ DRS(Mx13ED BY NETSS AND SOMM AS [+OZ+t+iQt�S: B13GZNNM AT AN IRON PIN FOUND AT THB SOW)WAST CORNER OF SAID 7.99 ACR13 TRACT, WD THE NORTHEAST CORM Or RANCHO DEL MORTS, SECTION X AM IN THE WBOT R.O.W. U118 OP U.S. 113:01MAY NO. 781 T11UN+CB WORTH 06 13 - 57" W29Ti , 131.36 PEST 4?YTH THE SOUTH LIMB OF SAID - 7.99 ACitE TRACT AND THE NORTH L=S OF SAYM RANCHO DEL NOMM, SECTION 1 TO AN XRON Pra GET IN ' SATD LZON 1 T"BUCS NORTR-86-19'28• MM, 2.49 FEET WITH IM13 SOVM LINE OF SAID*7.99 AMR TRACT AND THE NORIM 16Z= OF SAID RANCHO DW, UMT13, SECTION 1 TO AN IRON PrN SET XN AID LX NR AT THE SOUTHIMST CORNER OF. SAID 7.99 ACR TRACT AND THB BOUTIMAST CORNER OIL' THE N. R. M&AVER.S AND RXCHARD LOMMWX, - TRUSTER, 9©. 054 ACRES, Use V. 32S2, P. 8321 TRENCE NORTH 423' 37 - BAST, 1686.62 FEET WITH THE WWT X-XM OF SAID 7.99 ACRE TRACT AND TNR RAST LINE OP SAID 96.034 ACRE TRACT TO AN IRON PIN FOOND AT "in NOATMMST CORNER OF SAID 7.99•ACRZ TRACT AND IN THE EAST LINE OF SAID 98.054 ACRE TRACT AND THO SOUTHWEST CORNmt OF THE COPFMM CHMETSRY 1.18 ACRES, ON THE SOiM SIM OF. COUN'1?Y ROAD NO. 284; Tii WCR SOU` H .89 04' 32" •BAST, . 322. S2 888T WM THE NORT11 U88 OF SAID 7.99 ACRX TRACT, THE SOUTE LINE OF SAID 1.10 ACRB TRACT AND- THS SOO'1'N LXR2 OP THE CAROL S. STOVALL LAND, RZF. DOCC. no. 92-0062232 AND ON THE SOUTH SIDE OF SAID COUNTY ROAD NO. 284 TO AN IRON P1'H FOUND AT THE NORTHEAST CORNER OP SAYD 1.99 ACRE TRACT MW ITJ TIM W 'WT R.O.W. LIM OF U . S . 9I0MM NO. 7S, SOUTH OP TR$ JUNCT100 OF SAID R.O.W. LINE OP SAID COMITY ROAD NO. 284; THENCE IH A SOUTHERLY D.TRSCTION ifY1'ti THE EAST t+INB OF SAXD 7.99 ACRE TRACT AllD SAID NRST R.O.N. 'LIMB AS FOLLOWS: GOMM 16' 45" WEST, 74.39 nar, BOUTH 13 31'160 M", 400.23 FZ=j SOUTR*27 24'414 WEST, 200.66 VXBT; SOUTH 19 24'19" WEST, 202.27 PRET; SOUTH 13 35' 35" 1'AS'1', 210.S FEET: 60UTH 7-43163" WEST, 202.24 PB8T; SOM 11 11' 06 • , NRST, 424.49 PEET TO THE PLACE OF BMIMnlo AM CONTA1111110 7.960 ACMES 'OF LAND. 6 of 6 VII-18 EXHIBIT'A' WASTEWATER PIPELINE AND WASTEWATER TREATMENT PLANT OUTFALL EASEMENT BASTIAN OLIVER SURVEY ABSTRACT NO.877 COLON COUNTY, TEXAS Bring a tract of land. citueted 1y the Gestalt 011ver Surety, Abstract No. 677. In Collin County. Texas and being a part of that cried 56 acre tract ant that called 147.48 acre tract, descrlaM by deed to . a Patton, as recorded under Document No. 20090915001155020, of the Official Public Records, Colin County. Texan (OPR.C.C.T.), said tract being more particularly described, as follows: COIMNCING at a 1/2' from rod found in the southerly line of sold 56 acre tract, some being the most northerly northwest comer of a called 275.697 acre tract of land. described by deed to 5 F Collin County. LLC. as recorded under Document No. 201902I2000t4a160, O.P.R.C.C.T., same being the northeasterly comer of a called 40 acre tract of land, described by dead to R&D Aycock, Ltd„ as recorded In Volume 5105, Page 2819. of the Deed Records, Callln County. Texas (D.R.C.C.T.), sold earner oleo being in County Road No. 286. from which a 1' bon pipe found bears. South 01'5S27' Vest. a distance of 943.18'I THENCE North 89'48'127 West, along the common line between said 40 acre and 56 acre tracts, same being along sold County Rood No. 286. a distance of 62.674 to a 1/2' iron rod with a yellow plastic cap stamped 'RPLS 5686' set (herein after referred to as o topped Fan rod set) for the southwestwdy comer of the herein described tract: TEMCB North 0010'04' East, over and across told 56 acre tract, a distance of 729.96' to the POW OF BEGINNING of the herein described tract THENCE continuing over and across sold 56 acre tract. the following four (4) courses and distances: North 89'4822' West, a distance of 1439.34' to a point for comer, North 0010'04' East, a distance of 100.00' to a point for comer, South 8948'22' East, a distaroe of 1439.34' to a point for comer, South DD10'04' West, a distance of 100.00' to the POINT OF BEGINNING and containing 143,934 square feet or 3.304 acres of lard, more or less. ABBREVIATIONS I.R.F. = iron Rod Found (R.M.) = Reference Monument C.I.R.F. = Capped Iran Rod Found C.I.R.S. 1/2' tan rod with yellow plastic cap stamped 'RPLS 5686' set M.R.GC.T. = Lisp Records, Collin County. Texas D.R.C.C.T. a Deed Records. Colin County. Texas OPR.C.C.T. a Official Pubic Records. Collin County, Texas �1 it Bearings are based an the Texas Stoic Plane Coordinate System, Herb Central Zone (4202). NAD83. Surface values shown can be convarlad to grid by dlAdbq by the combined scale factor of 0.999832v". base point O.D. This melee and bounds description Is accompanied by a e.y plat of even data. as DATE: 08/11/2021 WASTEWATER PIPE[.LNE AND WASTEWATERTREA'111ENT PLANT OUTFALLEASEMENT 3304 ACRES BASTA1N OLIVER SURVEY O Fb. North Texas Surveying, L.L.C. ltegislered l'rofexiaasllmdSarTayals 1010 rest Ooiwerdt ]kiss Neyr.,,. u T as (4m) 494-9074 rhoc (469) 494-1997 REVISED: 0/19/2099 SC1I14 1' a !00' Cat: BY: E31.A . ABSTRACTNO.677 COLLIN COUNTY. TEXAS men Acs .eom Flea 9egistrvtba xo. 100'04 O JOB NO.: 9021-0081 VII-19 EXHIBIT'Ir MATCH LINE SURVEY PLAT I ---- MATCHLlNE +---- ---- ----------------- '---- i i i i i I I I I i I i ' ROLAOMMOF CAM 10 ACRES I � PARTOF � .IOFIN RATTAN I CALLED N ACR1t:8 i DOCUMINT NO. J" RATTAN 200609'1WM1a= ( DOCt1111MM i OPR=T. I 2009D8Sti0011tA020. OPRC:GT. i MOPOM i 28 M ACRES :L I GRAPHIC SCAM I o $ 1 i 1 inch LOO it. Z I I � OIiTFALLPIPI>31PE E#ST3lENT ' � i DOM NO.20C80206000127a106 I OPJL=T. I -------------------- 1 -- --- ' i ' — ' COUNTY RO NO. N88e4812W� ��aA I 826T I15 9 �°�"'� CALLED 40ACREB POINT OF 8 FOOWN COUNTY, LLC RSDAYCOCKVM COMMENCING ooai111111xrHO. v�ssaa,Ptl�28+a 2oteo�2000s�atao� QR�RC.T. OPMAeftT. i IT Bearh9s are based on the Texas State Plane Coordinate System, North Central Zone (4202). NAD83. StWace values shown can be converted to grid by factor 0.9998b2022, base 0,0. This dfvlding by he combined scale of at point survey plat In accompanied by a metes and bounds description of even date. DATE: 08/u/aoa WASMATM PNELD E AVID WASTMAMTREAThUMPIANT OcmMLBASESUM 3.3MACRB8 BASTAM OUM WRVEY North Tem Sm L.L.C. � L010 Test uz&crxty Drive . TL 75cog Ph. (409) 421r-2074 Fb= (409) 484-1997 Rom: 18/19/2 SCALE: 1' Q !O0' CHK*D, BY: H3A. ABSTRACT NO.6W OWDI COUNTY. TEXAS vnnv nvo ream Firm Bq¢stratfam rto. 1G�4800 JOB NO.: 202L OW1 VII-20 DWIBR `ir TRACT I SURVEY PLAT CALLED MASSACRES JOHN HAMPTON RATTAN QCFJ OSW42K O.R.0 MT. TRACr4 CMl®35 ACRE JOHN HAMPrOM RATTAN C.C.PJ 064W420d. O.R.C.QT. FORCOMMI I W s88'48'2r1438.W E INA9fEWATER P[PELM AND O pSI WASTEWATFRTRFMTMENr ALW N89.4822"W 1438r34 — � — POINT OF I BEGINNING 141ATCH UKE I ' CALLED 65 ACRES MATCH LINE JOHN RATTAN DOCUM E I '� O.PJid'.QT. I GRAMC SCALE 0 o mo I 1 hwh a 100 ft. DAB 08/11/2021 WASTEWAMMMIL NBAND WARMATEELTRBA7WEENTPLANT OITIFAIZBA$� 3304ACE1Bs BASTAM CLEM SURVEY Bearings are based on the Texas State Plane Zone ( CoordinateSy3tenBM Surfaceth values shown can be converted to d by dividing by the combined scale factor of 0,999852022. at base point 0.0. This North Teals L.L.C. �� 1010 9�Uy M ay 1270 Ito 508 ph, (489) 424—M4 Fes: (40) 424—IM RSVMM. L2/19/20= SCAM: L' = 100' MWD. BY: M.B.A. ABSTRACT NO.677 CALL Di C XMff, 7EUS survey plat is accompanied by a metes arid bounds descripUon of even date. Tim Region No. l 4M JOB NO: 2021-0081 NORTH TEXAS COMMERCIAL ASSOCIATION OF REALTORS* COMMERCIAL CONTRACT OF SALE /Check all boxes applicable to this Contract -Boxes not checker/ do not apply to this Conlraell In consideration of the agreements contained in this Commercial Contract of Sale (the "Contract"), Seller shall sell and convey to Purchaser, and Purchaser shall buy and pay fur, the Property (defined below) pursuant to the provisions, and subject to the conditions, of this Contract. 1. PARTIES. The parties to this Contract are: Seller: John Hampton Rattan Address: Email: Purchaser: City of i Address: 120 W- S, Anna, 41e: Phone: Email: 2. PROPERTY. The address , Texas . The Pioperly is located in County, Texas, the land portion of which is further described as: tv as described in Exhibit " _", LEGAL DESCRIPTION and/or shown on Exhibit E. SITE PLAN. "Ilia Property includes, a�singular, all improvements and fixtures situated thereon, end all rights and appurtenances pertaining thereto, including any right, title and interest of Seller in and to adjacent streets, alloys, or rights -of -way (such land, improvements, fixtures, rights and appurtenances being collectively herein referred to as the "Property"). J. PURCHASE PRICE. A. Amount and Payable. The purchase price for the Property is$ 2, 600, 000.00 (the "Purchase Price"), payable at the Closing as follows (wilh the Gamest Money to be applied to the Purchase Price) lCheck only one]: ® (1) All in rash (meaning Good Funds, as dciincd in Section • below). If this Contract is subject to approval for Purchaser to obtain financing from a third party, then Addendum R•I, THIRD PARTY FINANCING is attached. C3 (2) Partin cash (Good Funds), in the following amount or percentage/Check only onel: O (a) S 0 (b) percent -A) ofthe Purchase Price. If only part of the Purchase Price is to be paid in cash, then the balance of the Purchase Price will be paid according to the provisions in Addendum 11-2. SELLER FINANCING. If part of the Purchase Price is to be paid by Purchaser assuming an existing promissory note secured by die Property, or taking the Property subject to an existing promissory note secured by the Property, then Addendum R-3, EXISTING LOAN, is attached. Seller's Initials Purchaser's Initials 1`M� CCopyr•ight 2005 NTCAR— Form No.1(3105) Page I PMueM Win LpFa n- by RE Farm tlel, LLC 16025 F. teen Mae nnea, C;Unbn Tannshlp, Whigun 45035 m Afo. a mm O B. Adjustment. The Purchase Price will be adjusted up or down based upon the land area or the Property as dcicnninctl by the Survey. The land area will be multiplied by the following amount per acre or square foot, as applicable, and the product will become the Purchase Price at die Closing /Check only oaej: ❑ S per nere; or ❑ S per square foot. The land area for purposes of determining the Purchase Price will he the gross land area of the Property unless this box [3 is checked, in which case the land area for purposes of determining the Purchase Price will be the Net land Area dos defined in Section SA (Survey)] of the Property. Notwithstanding the foregoing, the Purchase Price will not be reduced under this Section 3B to less than S 4. EARNEST MONEY AND TITLE COMPANY ESCROW. A. Tide Company. to serve as escrow agent farthisConttact is (the "Title Company"): B. Effective Data The "Effective Date" is the date the Title Company acknowledges receipt of this fully executed Contract as indicdted by the signature block for the Title Company. C. Earnest Money. Within two (2) Business Days after the Effective Date, Purchaser shall deliver nut earnest money deposit in the amount of $ 1 00 1 oh' 00 (tile "Earnest Money") payable to tine Talc Company, in its capacity as escrow agent, to be (told in escrow pursuant to the terns of l its Contract. Seller's acceptance of this Contract is expressly conditioned upon Purchasers timely deposit of the Earnest Money with the Title Company. If Purchaser fails to timely deposit the Earned Money with the Tide Company, then Seller may, at Sellers option, terminate this Contract by delivering a written termination notice to Purchaser at any time until Purchaser deposits the Eamest Money with the Tillc Company. The T hle Company shall deposit the Eurnest Money in one or more dully insured accounts in one or more federally insured banking or savings institutions. Purchaser hereby instructs the Title Company to promptly deposit the check upon receipt (which instruction may not be retracted without Sellers written consent). After receipt of necessary tax forms from Purchaser, the'fitle Company will deposit the Earnest Money In an Interest bearing account unless this box ❑ is checked, in which case the Title Company will not he required to deposit the Earnest Money in an interest bearing account. Any interest canted on the Earnest Money will become a part of the Earnest Money. At the Closing, the Earnest Motley will he applied to the Purchase Price or, at Purchaser's option, will be returned to Purchaser upon full payment of Ilrc Purchase Price. D. Independent Consideration. Notwithstanding anything in this Contract to the contrary, a portion of the Earnest Matey in the amount of $100.00 will be non-rcfUndabic and will be distributed to Seller upon any termination of this Contract as independent consideration for Sellers perl'ormano: under this Contract. If this Contract is properly terminated by Purchaser pursuant to a right of tenninntion granted to Purchnser by city provision of this Contract, the Eamest Money will he promptly returned to Purchaser. Any provision of this (hrntract that states that the Earnest Money is to be returned to Purchaser means that the Earnest Money, less the non-refutdahlu portion, is to be returned to Purchaser. E. Escrow. The Earnest Money is deposited with the Title Company with the understanding that the Title Company Is not: (1) responsible for Ilia performance or non-performance of tray parry to this Contract; or (2) liable for interest on the fonds except to the extent Interest has been earned offer the funds have been deposited (n on interest bearing necoum. F. Donuitlon of Good Funds. "Good Funds" mutts currently available funds, in United States dollars, paid in the town of a certified chuck, cashiers check, official bank check or wire transfer acceptable to the 'Title Company. such that tine payment may nut be stopped by the paying party. Any reference in this Contract to "cash" means Good Funds. Seller's loithds Purrhnser'x Initials ? ii, ' 1 QA'opyrigh1 2005 N'FCAR—Form No. 1 (3/05) Page 2 Produced"dln ZtpFMn'" by nE For„tshleL t LC olIM Flao"n Mile toad, Conlon TawteMlp. Mehiann aaa35 yd)WIP109 ro"' S. SURVEY AND Mix A. Survey. Within twenty (20) days after the Effective Date /Check only mie/: Q Seller shall deliver to Purchaser it new survey (the "Survey") of the Property prepared at Sellers expense. Purchaser i@ 3MU shall deliver to Purchaser a new survey (the "Survey") of the Property prepared at Purchasers expense. ❑ Seller shall deliver to Purchaser is new survey (the "Survey") of the Property prepared at Purchasers cxpensa, and Seller will give a credit to Purchaser against the Purchase Price at the Closing for the cost of the Survey in air amount not to exceed S ❑ Seller shall deliver to Purchaser a copy of lire most recent existing survey (the "Survey") of the Property in Sellers possession. if Purchaser, Purchasers leader or the Title Company requires a new survey for any reason. then Pumhascr shall pay for the cost of the new Survey, and (check only one/: ❑ Seller will not be roquired io pay for any portion of the cost of the new Survey; or ❑ Seller will give a credit to Purchaser against the Purchase Price at the Closing for the cost of the new Survey in an amount not to exceed S Any new Survey must: (1) be prepared by a Registered Professional land Surveyor; (2) be In a form reasonably acceptable to Purchaser and the Title Company; (3) set forth a legal description of the Properly by metes and bounds or by reference to a planed lot or lots; (4) show that the Survey was made on the ground with corners marked with monuments either found or placed; (5) show any discrepancies or conflicts in boundaries, and any visible encroachments; (6) contain the survoyoes certificate that the Survey is true and correct; and (7) show the location and size of all of the following on or immediately adjacent to the Property, if any, if recorded or visible and apparent: (a) buildings, (b) building set back lines (as shown on any recorded plat, but not as may be described in any restrictive covenants or zoning ordinances), (u) streets and roads, (d) 100-year flood plain (approximate location), (e) improvements, (Q encroachments, ((g) casements, (h) recording information of recorded easements, (1) pavements, O) PProtons, (it) fences, (1) rights -of way, and (in) any markers or other visible evidence of utilities. Any area of the Propertrusiy within the 100-year flood plain will be shown on the Survey as the approximate location of the 100-year flood plain as defined by the Federal Emergency Management Agency or other applicable governmental amhorityy. If the area within any 100-year flood plain is to be deducted for the purpose of determining Net Land Area (defined below), then the Survey must show the area of the Property covered by the I00-year flood plain, and that area, as reasonably determined by the surveyor, will be conclusive for purposes of this Contract, even though the surveyor may qualify that determination as approximate. After the delivery of the Survey, the legal description of the Property set forth in the Survey will be incorporated in this Contract as (lie legal description of the Property, and will be used in the deed and any other documents requiring a legal description of the Property. The Survey must show the gross land area of the Property, and if the Purchase Price is based upon the Net Land Area then the Survey must also show the Net Land Area, expressed in both acres and square fed. The term "Net Land Area" means the gross land area of the Properly less the area within any of the following (if recorded or visible and apparent, but excluding those within set back areas) /Check all that apply/: ❑ utility casements; []drainage easements; ❑access easements; [3 rights -of -way; ❑100-year flood plain; and ❑any encruachmcnls on ilia Properly. B. Title Commitment. Within twenty (20) days after the Effective Date. Seller shall deliver or cause to he delivered to Pumhnsar; (1) A title commitment (the "Title Commitment') covering the Property binding the Tiltc Company to issue it Texas Owner Policy of Title Insurance (the "Title Policy") on the standard form prescribed by the Texas Department of Insurance al the Closing, in the full amount of the Purchase Price, insuring Purchasc es fee simple title to the Properly to be good and indefeasible, subject only to the Permitted Exceptions (defined below); and (2) the following (collectively, the "Title Documents"): (a) true and legible copies of all recorded instruments alTecting the Property and recited as exceptions in the Title Commitment; (b) a current tax certificate; (c) any written notices required by applicable statutes, including those referenced in Section ; and (d) if the Property includes any personal property, UCC search reports pertaining to die Seller. Seller shall pay any expense for delivery of the Title Commitment and Title Documents. Seller's Initials Purchaser's Initials � QDCopyright 2005 NTCAR — Form No. 1 (3f05) Page 3 produced Kith ZIPFam'v by RE FormrNal LLC 18025 Fifteen Mile Road. CI"udern Twmstap. Micnlaan 48035 ynwr,�tohm cam 6. REVIEW Or SURVEYANDTITLE. A. Title Review Period. Purchaser will have fifteen (15) days (the "Title Review Period") after receipt of the last of the Survey, Title Commitment and Title Documents to review them and to deliver in writing to Seller any objections Purchaser may have to them or any item disclosed by them. Any item to which Purchaser does not object will be deemed a "Permitted Exception." The items set forth on Schedule C of the Title Commitment. and any other items the Title Company Identifies to be released upon the Closing, will be deemed objections by Pulcucvcr. Puichawl's failure to object within the time provided will be a waiver of the right to object. If Purchaser delivers any written objections to Seiler within the Title Review Period, then Seller shall make a good faith attempt to cure the objections within ten (10) days (the "Cure Period") after receipt of the objections. However, Seller is not required to incur any cost to do so. 7oning ordinances and the lien for current taxes are deemed to be Permitted Exceptions. B. Cure Period, If Seller cannot cure the objections within the Cure Period, Seller may deliver a written notice to Purchaser, before expiration of the Clue Period, staling whether Seller is committed to cure the objections at or before file Closing. If Seller does not cure die objections within the Cure Period, or does not timely deliver the notice, or does not commit in the notice to fully cure all or the objections at or before the Closing, then Purchaser may terminate this Contract by delivering a written notice to Seller on or before the earlier to occur or. (1) the dale that is seven (7) days after the expiration of the Cure Period; or (2) the scheduled Closing hate. If Purchaser properly and timely terminates this Contract, the Pa riest Money will be returned to Purchaser. If Purchaser does not properly and timely terminate this Contract, then Purchaser will be deemed to have waived any uncured objections and must accept title at the Closing subject to the uncured objections and other Permitted Exceptions. Setter's failure to cure Purchasers objections under this Section 6 does not constitute a defaull by Seller. 7. SELLER'S REPRESENTATIONS. A. Statements. Seller represents to Purchaser, to the best of Seller's knowledge, as follows: (1) Title. At the Closing, Seller will convey to Purchaser good and indefeasible fee simple title to the Property fro: and clear of any and all liens, assessments, easements, security interests and other encumbrances except the Permitted Exceptions. Delivery of dhc Title Policy pursuant to Section 12 (the Closing) will be deemed to satisfy the obligation of Seller as to the sulfcicney of title required under this Contract. However, delivery of the Title Policy will not release Seller from the warranties of title set forth in the warranty deed. (2) Lenses. There are no parties in possession of any portion of the Property as lessees, tenants at sufferance or trespassers except tenants under written leases delivered to Purchaser pursuant to this Contract. (3) Liens and Debts. There are no mccfianic's liens, Uniform Conunercial Code liens or unrecorded lions against die Property, and Seller shall not allow any such liens to attach to the Property befare the Closing that will not be satisfied out of Ilse Closing proceeds. All obligations of Seller arising from the ownership and operation of the Property and any business operated on the Property, including, but not limited to, lazes, leasing commissions, salaries, contracts, and similar agreements, have been paid or will be paid before the Closing. Except for obligations for which provisions are made in this Contract for prorating at the Closing and any indebtedness taken subject to or assumed, there will be no obligations of Seller with respect to the Property outstanding as of the Closing. (4) Liligation. There is no pending or dircatcned litigation, condemnation, or assessment affecling the Property. Seller shall promptly advise Purchaser of any litigation, condemnation or assessment atTecting the Property [lint is instituted after the Effective Dale. (5) Material Defects. Seller has disclosed to Purchaser any and Lill known conditions of a material nature with respect to the Property which may affect the health or safely of any occupant of the Property. Except as disclosed in writing by Seller to Purchaser, the Property has no known latent structural defects or construction detects of a material nature, and none of the improvements have been constructed with materials known to be a potential health hazard to occupants of the Property. (6) Hazardous Materials. Except as otherwise disclosed in writing by Seller to Purchaser, the Property (including any improvements) does not contain any Hazardous Materials (defined below) oilier than lawful quantities properly stored in containers in compliance with applicable laws. Seller's Initials Purchaser's Initials_ OCopyright 200544 NTC��AR"—Form No.1 (3/05) Page 4 Produoed vAV%ZlPForm- by RE FermW et, LLC 180S Flnxn We Road, Clinton Tavrt"hip, hliGeaon 40035 yaws ziulam m,n B. Remedies. If Purchaser discovers, before the Closing, that any of Seller's representations have been misrepresented in a material respect. Purchaser may notify Seller of the misrepresentation in writing, and Seller shall attempt to correct the misrepresentation. If the misrepresentation is not corrected by Seller before the Closing, Purchaser may: (I) proceed to Closing, without waiving any claim for misrepresentation; or (2) terminate this Contract by delivering a written termination notice to Seller, in which case the tamest Money will be resumed to Purchaser. C. Negative Covenants. Alter (lie Effective Date, Seller shall not, without Purchaser's prior written approval: (1) further encumber the Property or allow an encumbrance upon the title to the Property, or modify the terms of any existing encumbrance, if the encumbrance would still be in effect after Closing; m (2) enter into any lease or contract affecting the Property, if the lease or contract would still be in effect afterClosing. However, Seller may enter into a lease or contract with on independent third party, in the ordinary course of husiness, without Purchasers conseut, if Purchaser will be entitled to terminate the lease or contract after Closing, without incurring any termination charge, by delivering a termination notice thirty (30) days in advance of the termination date. If Seller cnlcrx into any lease or contract affecting the Property after the Effeclivc Date, than Seller shall immediately deliver a photocopy of the signed document to Purchaser. 8. NONCONFORMANCE. Purchaser has or will independently investigate mid verify to Purchaser's satisfaction the extent orally limitations of uses of (lie Property. Purchaser acknowledges that the current use of the Property or the improvements located on the Property (or boll) may not conform to applicable Federal, State or municipal laws, ordinances, codes or regulations. Zoning, permitted uses, height limitations, setback requirements, minimum parking requirements, limitations on coverage of improvements to total area of land. Americans with Disabilities Act requirements, wetlands restrictions and other matters may have a significant economic impact upon the intended use of the Property by Purchaser. However, if Seller is aware of pending zoning changes and/or current nonconformance with any Federal, State or local laws, ordinances, codes or regulations, Seller shall disclose saute to Purchaser. 9. INSPECTION. /Check only onel ® A. Inspection Desired. Purchaser desires to inspect the Property and Seller grants to Purchaser the right to inspect the Property as described in Exhibit "B" attached hereto and made a part hereof. Q B. Inspection Not Necessary. Purchaser acknowledges that Purchaser has inspected the Property, including all buildings and improvements, and is thoroughly familiar with their condition. Purchaser accepts the Property in its present "AS IS" condition, and any changes caused by normal wear and tear before the Closing, but without waiving Purchasers rights by virtue of &:hers representations expressed in this Contract. 10. CASUALTY LOSS AND CONDEMNATION. A. Damage or Destruction. All risk of loss to the Property will remain upon Seller before the Closing. if the Property is damaged or destroyed by Ere or other casually to a Material Extent (defined below), then Purchaser may terminate this Contract by delivering a written termination notice to Seller within ten (10) days after the date the casualty occurred (and in any event before the Closing), in which case the Earnest Money will be returned to Purchaser. If the Property is damaged by fire or other casualty to less than a Material Extent, the parties shall proceed to the Closing as provided in this Contract. If the transaction is to proceed to the Closingg, despite an damage or destruction, there will be no reduction In the Purchase Price and Seller shall du one of die ft111owing: (I) Lilly rcpuhr the damage before the Closing, at Sellers expense; (2) give a credit to Purchaser at the Closing for the entire cost of repairing the Property; or (3) assign to Purchaser all of Sellers right and interest in any Insurance proceeds resulting from the damage or destruction, plus give it credit to Purchaser of the Closing in an amount equal to any deductible or other shortfall. The term "Material Extent" means damage or destruction where the cost of repair exceeds ten percent (to%) of the Purchase Price. If the extent of damage or the amount of insurance proceeds to be made available cannot be determined before the Closing Dale, or the repairs cannot be completed before the Closing Date, either party may postpone the Closing Date by delivering n written notice to the other party specifying an extended Closing Date that is not more than thirty (30) days after the previously scheduled Closing Date. B. Condemnation. Ifcondemnmion proceedings are commenced before the Closing against any portion or the Property, then Seller shall immediately notify Purchaser in writing of the condemnation proceedings, and Purchaser may terminate this Contract by delivering a written notice to Seller within ten (10) days after Purchaser receives the notice (and in any event before the Closing), in which case the Earnest Money will be returned to Purchaser. if this Contract is not terminated, then any condemnation award will (a) if known on the Closing Date, belong to Seller and the Purchase Price will be reduced by the same amount, or (b) if not known an the Closing Date, belong to Purchaser and the Purchase Price will not he reduced. Seller's Initials Purchaser's Initials _ OCopyright 2005 NT R— Form No. 1(3/OS) Page 5 Produced elah MpFo mla by RE FomuaNet LLC 18025 Fifteen Mite Road, Canton Townaltp, Michigan 48035 yplpr AhaD,>mm H. ASSIGNMENT.IClreckenlyonel Q A. Assignment Permitted. Purchaser may assign [his Contract provided the assignee assumes in writing all obligations and liabilities of Purchaser under this Contract, in which event Purchaser will be relieved of any Further liability under this Contract. Q D. Limited Assignment Permitted. Purchaser may assign this Contract only to a related party, defined as: (1) an entity in which Purchaser is an owner, partner or corporate officer; (2) an entity which is owned or controlled by the same person or persons that own or control Purchaser; or (3) it member or members of the immediate family of Purchaser, or a inrst in which the beneficiary or beneficiaries is or are a member or members of the immediate family of purchaser. Purchaser will remain liable under this Contract after any assignment. ® C. Assignment Prohibited. Purchaser may not assign tills Contract without Settees prior written consent. 12. CLOSING. A. Closing Data The closing of the transaction described in this Contract (the "Closing") will be field at the offices of the Title Company at its address stated below, on the date (the "Closing Dole") that is the later of thirty days after the expiration of the Inspection Period (if any); days after the P.ffective Date; or . However, if any objections that were timely made by Purchaser in writing pursuant to Section 6A (Title Review Period) have not boon cured, then either party may postpone the Closing Date by delivering a written notice to the other party specifying an extended Closing Date that is not more than thirty (30) days after the previously scheduled Closing Date. f3, Seller's Closing Obligations. At die Closing, Seller shall deliver to Purchaser, at Sellers expense: (1) A duly executed /check only one/ Q General Warranty Dced ® Special Warranty Deed (with vendors lien retained if financing is given by Seller or obtained from a third party) conveying the Property In fee simple according to the legal description prepared by the surveyor as shown on the Survey, subject only to the Permitted Exceptions; P chasers An updated Title Conunitmenl committing The underwriter for the Title Company to issue promptly after the Closing, t 2011k expense, the Title Policy pursuant to the Title Commitment, subject only to the Permitted Exceptions, in the full amount of the Purchase Price, dated as of the date of the Closing, mid (at an additional premium cost) lelieck ordy one ijopplicablel ❑ with the survey exception modified at Sellers expense to read "any shortages in area," or 0 with the survey exception modified at Purchasers expense to rand "any shortages in area;" (3) A Rill of Sale conveying the personal property, if any, including bid not limited to, any described on Addendum A, IMPROVED PROPERTY, free and clear of liens, security interests and encumbrances, subject only to the Permitted Exceptions (to the extent applicable$ (4) Possession of the Property, subject to valid existing leases disclosed by Seller to Purchaser and other applicable Permitted Exceptions; (5) An executed assignment of all leases, if there are any leases affecting the Property; (6) A current rent roll certified by Seller to be complete and accurate, if there arc any leases affecting the Property; (7) Evidence of sellers authority and capacity to close this transaction; and (8) All other documents reasonably required by the Title Company to close this transaction. Seller's Initials Purchaser's Initials �iXopyright 20a5 N'I'C R— Pm•m No. 1 (3105) Page 6 ProdUCed min Z1pForn - by RE Fo rmNet. LLC 18025 fifteen Mlle Road, Clinton Township. Middpan ga035 wrm.zbtwmcom expense: C. Purchaser's Closing Obligalions. At the Closing, Purchaser shall deliver to Seller, at Purchaser's (1) The cash portion of the Purchase Price (with the Earnest Money being applied to the Purchase Price); (2) The Note and the Deed ofTrust, if Addendum R-2, SELLER FINANCING, is attached; (3) An Assumption Agreement in recordable fort agreeing to pay all commissions payable tinder any lease affecting the Property; (4) Evidence of Purchasees authority and capacity to close this transaction; and (5) All other docturri reasonably required by the Title Company to close this transaction. D. Closing Costs. Healy -purely -a' nil pay-ilrshara-of-Nte-closing-eosin-which-erne-euslonrerity-paid-hy-n sellerorptneltaseritta trenseMion efthlsehmacterin-Ow-countytmrcthc-Prvperty-is-lomted,,-ornsolhrnvise agreed, Purchaser shall pay all closing costs. E. Protractors. Rents, lease commissions, interest, insurance prerniums, maintenance expenses, operating expenses, and ad valorem taxes for the year of the Closing will he prorated at the Closing effective as of the date of 0te Closing. Seller shall give a credit to Purchaser at the Closing in the aggregate amount of any security deposits deposited by tenants under leases affecting the Property. If the Closing occurs before the tax rate is fixed for the year of the Closing, the apportionment of the taxes will be upon the basis of the lax rate for (lie preceding year applied to the latest assessed valuation, but any difference between actual and estimated taxes for the year of the Closing actually paid by Purchaser will be adjusted equitably between the parties upon receipt of a written statement of the actual amount orlhe taxes. This provision will survive the Closing. F. Rollback Taxes. if this sale or a change in use of the Property or denial of any special use valuation of the Property would result in the assessment after the Closing of additional taxes and interest applicable to the period of time before the Closing ("Rollback Taxes"), then: (1) Purchaser shall pay the Rollback Taxes (including any interest and penalties) if and when they we assessed, without receiving any credit from Seller; unless (2) this box ❑ is checked, in which case Seller shall give a credit to Purchaser at the Closing for the amount of the Rollback Taxes (including interest) that may be assessed after the Closing as reasonably estimated by the Title Company, and Purchaser shall pay the Rollback Taxes (including any interest and penalties) if and when they are assessed after the Closing. If Seller gives a credit to Purchaser for Cite estimated amount of Rollback Tuxes, and the actual Rollback Taxes assessed after the Closing arc different from the estimate used at the Closing, then there will be no subsequent adjustment between Seller arid Purchaser. If any Rollback Taxes are duo before the Closing due to a change in use of the Property by Seller or a denial of any special use valuation of the Property before the Closing, then Seller shall pay those Rollback Taxes (including any interest mid penalties) at or before the Closing. G. Loan Assumption. If Purchaser assumes an existing mortgage loan at the Closing, Purchaser shall pay: (1) to the lender, any assumption fee charged by the lender, and (2) to Seller, a sum equal to the amount or any reserve accounts held by the lender for die payment of taxes, insurance and any other expenses applicable to the Property for which reserve accounts are hold by llte lender. Purchaser shall execute, at the option and expense of Seller, a Deed of Trust to Secure Assumption with a trustee named by Seller. If consent to the assumption is required by the lender, Seller shall obtain the lender's consent in writing and deliver the consent to Purchaser at the Closing. If Seller does not obtain (lie lender's written consent (if required) and deliver it to Purchaser at or before the Closing, Purchaser may terminate this Contract by delivering a written termination notice to Seller, and the Earnest Money will be returned to Purchaser. IL Foreign Person Notification. If Seller is a Foreign Pcrson, es defined by the Internal Revenue Code, or if Seller fulls to deliver to Purchaser a non -foreign affidavit pursuant to §1445 of the Internal Revenue Code, then Purchaser may withhold llrom the sales proceeds an amount sufficient to comply with applicable tax law and deliver the withheld proceeds to the Internal Revenue Service, together with appropriate tax forms. A non -foreign affidavit from Seller must include: (1) a statement that Seller is not a foreign person; (2) the U. S. taxpayer identification number of Seller: and (3) any other information required by § 1445 of the Internal Revenue Code. Seller's Initials Purchaser's Initials_ ®Copyright 20U5 N'i'C R — Form No. 1(3/05) Page 7 Produced mO ZlpForm W by RE Fa Ael, LLC 111025 Fideen Mile Road, Craton ToA%Wdp, Michigan 45035 vmw.ra,ronawm 13. DEFAULT. A. Purchaser's Remedies. If Seller fails to close this Contract for any reason except Purchasers default or the termination of this Contract pursuant to a right to terminate set forth in this Commct, Sella will be in default and Purchaser may elect to either: (1) enforce specific performance of this Contract (force Seller to sell the Property to Purchaser pursuant to this Contract); or (2) terminate this Contract by delivering a written notice to Seller. If Purchaser elects to terminate this Contract due to Seller's default, then Purchaser will he deemed to have waived any other remedies available to Purchaser and the Earnest Money will be returned to Purchaser. The foregoing will be Purchasers sole and exclusive remedies for Senues defoull unless this box ❑ is checked, in which case Purchaser may site Seller for damages. if the box is checked to allow Purchaser to sue Seller for damages, then Purchaser must elect to pursue either specific performance or a claim for damages at the beginning of any legal action Initiated by Purchaser. B. Seller's Remedies. If Purchaser fails to close this Contract for any reason except Sellers default or the termination of this Contract pursuant to a right to terminate set forth in this Contract, Purchaser will be in default and Seller may temtina/e this Contract and receive the Tamest Money as liquidated damages for Purchasers breach of this Contract, thereby releasing Purchaser from this Contract. If Seller terminates this Contract due to Purchaser's default, then the Eamest Money will be paid to Seller. The right to receive the Gamest Morley will be Sellers sole and exclusive remedy for Purchaser's default unless one of the following runedics is selected, in which ease Seller may sue Purchaser: ❑ to enforce specific performance (force Purchaser to purchase the Property pursuant to this Contract): or ❑ for damages. If one or both of the boxes is checked to allow Seller to sue Purchaser to enforce specific performance or for damages, then Seller must elect to either receive the Earnest Money as liquidated damages or pursue one of the other selected remedies at the beginning of any legal action initialed by Seller. 14. AGENCY DISCLOSURE. A. Agency Relationships. The term "Brokers" refers to the Principal Broker and the Cooperating Broker, if applicable, as set forth on the signature page. Each Broker has duties only to the party the Broker represents os identified below. If either Broker is acting as an intermediary, then that Broker will have only the duties of an intermediary, and the intermediary disclosure and consent provisions apply as set forth below. /Each broker check only one/ (1) The Principal Broker is: ® agent for Seller only: or [3 ngant for Purchaser only; or Q an intermediary. (2) The Cooperating Broker is: I] agent for Seller only; or ❑ agent for Purchaser only: or O an intermediary. B. Other Brokers. Seller and Purchaser each represent to die other tat they have had no dealings with any person, firm, agent or folder in connection with the negotiation of this Contract or the consummation orthe purchnse and sole contemplated by this Contract, other than the Brokers named in this Contract, and no real estate broker, agent, attorney, person, firm or entity, other than the Brokers, is entitled to any commission or finders fee in crauhecliuu with this transaction as the result of any dealings or acts of the representing party. Each party agrees to indemnify, defend, and hold the other parry harmless from rand against tiny costs, expenses or liability for any compensation, commission, fee, or charges that nay be claimed by any agent, tinder or other similar parry, other than the Brokers, by reason of any dealings or acts of We indmnnifying party. C. Fee Sharing. Seller and Purchaser agree that the Brokers may share the Pee (defined below) among themselves, their sales associates, and any other licensed brokers involved in the sale of the Property. The parties authorize the Tide Company to pay the Fee directly to the Principal Broker and, if applicable. the Cooperating Broker, in accordance with Section (Professional Service Fee) or any other agreement pertaining to the Fee. Payment ofthe ree will not alter the fiduciary relationships between the parties and the Brokers. D. Intermediary Relationship. If either of the Brokers has indicated in Section 14A (Agency Relationships) that the Broker is acting us an intermediary in this transaction, then Pat and Seller hereby consent to the internediary relationship, authorize such Broker or Brokers to act as an intermediary in this transaction, and acknowledge that the source of any expected compensation to the Brokers will he Seller, and the Brokers may also be paid a I'm by Purchaser. A real estate broker who acts as an intermediary, between parties in a transaction: Seller's Initials I Purchaser's Initials 1�►i� IDCopyright 2005 NT AR — Form No. 1 (3105) Paige a Piedumd aah IyhFam- by RE Formntlet LLC mae25 Fifteen Mlle Road. Clinton TrmrgMp, Mldllaen 48035 wrnvzh glom win (I) may not disclose to the buyer that the seller will accept a price less then the asking price unless otherwise Instructed in a separate writing by (lie seller; (2) may not disclose to the seller that the buyer will pay a price greater than the price submitted in a written offer to the seller unless otherwise instructed in a separate writing by the buyer; (3) may not disclose any confidential Information or any information a pnry specifically instructs the real estate broker in writing not to disclose unless otherwise instructed in a separate writing by the respective party or requited to disclose such information by the Texas Real Estate License Act a• a court order or if the Information materially relates to the condition of the property; (4) shell treat all parties to the transaction honestly; and (5) shall comply with lhe'rexas Real Estate License Act. Broker is authorized to appoint, by providing written notice to the parties, one or more licensees associated with Broker to communicate with and carry out instructions of one party, and one or more other licensees associated with Broker to communicate with and carry out instructions of the other party or parties. During negotiations, an appointed licensee may provide opinions and advice to the party to whom the licensee is appointed. 15. PROFESSIONAL SERVICE FEE, A. Payment or Fee. Seller agrees to pay die Brokers a professional service fee (the "Fee") for procuring the Purchaser and for assisting in the negotiation of this Contract as follows: The Fee will be tamed upon the execution of this Contract and will be paid at the Closing ore sale of lho Property by Seller pursuant to this Contract (as may be amended or assigned). The Fee will be paid by Seller to the Brokers in the county in which the Property is located. Seller shall pay any applicable sales taxes on the Fee. The Title Company or other escrow agent is authorized and directed to pay the Fee to the Brokers out of the Closing proceeds. A legal description of the Property, as set forth in Ibis Contract and any Survey delivered pursuant to this Contract, is incorporated by reference in the agreement pertaining to the Fee set forth or referenced in this Section. The Fee is earned notwithstanding: (1) any subsequent termination of this Contract (except a termination by Seller or Purchaser pursuant to a right of lenninalion in this Contract); or (2) any default by Seller. If the Closing does not occur due to Purchasers default, and Seller does not elect to enforce specific performance, the Fee will not exceed one-half of the Earnest Money. If cit er party defaults under this Contract, then the Fee will be paid within ten (10) days after the scheduled Closing Date, out of the Earnest Money or any other escrow deposit made pursuant to this Contract. B. Consent Required. Purchaser, Seller and Title Company agree that the Brokers are third party beneficiaries of this Contract with respect to the Fee, and that no change may be made by Purchaser. Seller or Title Company as to tie time of payment, arnount of payment or the conditions for payment of the Fee without the written consent of the Brokers. C. Rtpht to Clnim a Lien. Pursuant to Chapter fit of the Texas Property Code, the Brokers hereby disclose their right to claim a lion based on the commission agreement set forth in this Section 15 and any other commission agreements referenced in this Contract or applicable to the transaction contemplated by this Contract. This disclosure is hereby incorporated in any such commission agreements. 16. MISCELLANEOUS PROVISIONS. A. Definition of Hazardous Materials. "Hazardous Materials" means any pollutants, toxic substances, oils, hazardous wastes, hazardous materials or hazardous substances as deftncd In or pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, as amended, the Clean Water Act, as amended, or any other Federal, State or local environmental law, ordinance, rule, or regulation, whether existing as of the Effective Dote or subsequently enacted. Seller's Initials Purchaser's Initials Ocapyright 2005 N'f AR— Form No. 1(3105) Page 9 Pmdumd oth Z1pFam'- by RE Fo sNeC LLC 16025 Fleeen MileRood, Cann 7Mnship, Mkhlann 4a035 gm,gm B. Notices. All notices and other communications required or permitted under this Contract must be in writing and will be deemed delivered on the earlier oC (1) actual receipt, if delivered in person or by courier, with evidence of delivery; (2) receipt of an electronic facsimile ("Pas") transmission with confirmation of delivery to the Fax numbers specified In this Contract, if any; or (3) upon deposit with the United Slates Postal Service, certified mail, return receipt requested, postage prepaid, and properly addressed to the intended recipient at the address set forth in this Contract. Any party may change its address for notice purposes by delivering written notice of its new address to all other patties in the manner set forth above. Copies of all written notices should also be delivered to the Brokers and to the Title Comany, but failure to notify the Brokers or the Title Company will not cause Rn otherwise properly delivered notice to be ineffective. C. Termination. If this Contract is terminated for any reason, the parties will have no further rights or obligations under this Contract, except that: (1) Purchaser shall pay flit costs to repair any damage to the Property caused by Purchaser or Purohaser's agents; (2) Purchaser shall return to Seller any reports or documents delivered to Purchaser by Seller, and (3) each party shall perform any other obligations that, by the explicit provisions of this Contract, expressly survive the termination of this Contract. The obligations of this Section IOC will survive the termination of this Conlmut. The terms of any mutual termination agreement will supersede and control over the provisions of this Section 16 to the extent of any conflict. A, Porms. in can of a dispute as to the form of any document required under this Contract, the most recent lirmh prepared by the Stale Bar of Texas will be used, modified as necessary to conform to the terns of this Contract. E. Attorneys' Fees. The prevailing party in any proceeding brought to entoree this Contract, or brought relating to the transaction contemplated by This Contract. will be entitled to recover from the non -prevailing parties Court costs, reasonable attorneys' fees and all other reasonable related expenses. IT, Integration. This Contract contains the complete agreement hetween the parties with respect to the Property and cannot be varied except by written agreement. 'Me parties agree that there are no oral agreements, understandings, representations or warranties made by the panics that are not expressly set forth in this Contract. Any prior wrilion agreements, understandings, representations or warranties between the panics will be deemed merged into and supereeded by this Contract, unless it is clear from the written document that the intent of the parties is for the previous written agreement, understanding, representation or warranty to survive the execution ofthis Contract. C. Survival. Any representation or covenant contained in this Contract not otherwise discharged at line Closing will survive (lie Closing. H. Binding Effect. This Contract will inure to the benefit of, and will be binding upon, the panics to this Contract and their respective heirs, legal representatives, successors and assigns. I. Time for Performance. Time is of the essence under each provision of this Contract. Strict compliance with the times fo• performance is required. J. Business Day. If any date of performance under this Contract falls on a Saturday, Sunday or Texas legal holiday, such date of performance will be deferred to the next day that is not a Saturday, Sunday or Taxes legal holiday. K. Right of Entry. Alter reasonable advance notice and during normal business hours, Purchaser, Purchaser's representatives and the Brokers have the right to enter upon the Property before the Closing for purposes of viewing, inspecting and conducting studies of the Property, so long as they do not unreasonably interfere with the use of the Property by Seller or any tenants, or cause damages to the Property. L. Governing Law. This Contact will be construed under and governed by the laws of the State of Texas, and unless otherwise provided in this Contract, all obligations of the panics created under this Contract are to be performed in the county where The Property is located. M. Severability. If any provision ofthis Contract is held to be invalid, Illegal, or unenforceable by a court of competent jurisdiction, the invalid, illegal, or unenforocable provision will not affect any other provisions, and this Contract will be construed as if the invalid, illegal, or unenforceable provision is severed and deleted from this Contract. N. Bn)ker Disclaimer. The Brokers will disclose to Purchaser any material factual knowledge The Brokers may possess about the condition of The Property. Purchaser understands that it real estate broker is not an expert in matters of law, tax, financing, surveying, hazardous materials, engineering, construction, safety, zoning, land Seller's Initials Purchaser's Inilials�A_ VC.opyright 2005 N'f AR— Form No. 1(3105) Page 10 Produced vdnh Z Fann- by RE Formene4 LLC 18026 Fifteen Mile Road, Clinton Tm hlp, MEIYann 49035 ap Ifpfy � planning, architecture, or the Americans with Disabilities Act. Purchaser should seek expert assistance on such matters. The Brokers do not investigate a propertys compliance with building codes, governmental ordinances, statutes and laws that relate to the use or condition of life Property or its construction, or that relate to its acquisition. Purchaser is not relying upon any representations of Ilia Brokers concerning permitted uses of the Property or with respect to any nonconformance of the Proporty. If the Brokers provide names of consultants or sources for ndvice or assistance, the Brokers do not warrant the services of the advisors or their products. The Brokers cannot warrant the suitability of property to be acquired. Purchaser acknowledges that current and future federal, slate and local laws and regulations may require any Hazardous Materials to be removed at the expense of those persons who may have had or continue to have any interest in the Property. Me expense of such removal may be substantial. Purchaser agrees to look solely to experts and professionals selected or approved by Purchaser to advise Purchaser with respect to the condition of the Property and will not hold the Brokers responsible for any condition relating to the Property. The Brokers do not warrant that Seller will disclose any or all property defects or other matters pertaining to the Property or its condition. Seller and Purchaser agree to hold the Brokers harmless from any damages, claims, costs and expenses including, but not limited to, reasonable attorneys' fees and court costs, resulting from or related to any person furnishing any false, incorrect or inaccurate Information with respect to the Property, Seller's concealing any material information with respect to slue condition of the Property, or matters that shmdd he analyzed by experts. To the extant permitted by applicable law, the Brokers' liability for errors or omissions, negligence, or otherwise, is limited to the return of die Pee, if any, paid to the responsible Broker pursuant to this Contract. The parties aghve that they are not relying upon any oral statements that the Brokers may have made. Purchaser Is relying solely upon Purchaser's own investigations and the representations of Seller, if any, and Purchaser acknowledges that the Brokers have not made any warranty or representation with respect to the condition of the Property or otherwise. O. Coglierparts, This Contact may be executed in a number of identical counterparts. Bach counterpart is deemed an original and all counterparts will, collectively, constitute one agreement. P. Patriot Act Representation. Seller and Purchaser each represent to the other that: (1) its property interests are not blocked by Executive Order No. 13224, 66 Fed. Reg. 49079; (2) it is not a person listed on the Specially Designated Nationals and Blocked Persons list of the Office of Foreign Assets Control orthe United States Department of the Treasury; and (3) it is nut acting for or on behalf of any person on that list. 17. STATUTORY NOTICES. A. Abstractor Title Policy. At the time of the execution of this Contract, Purchaser acknowlalgcs that the Brokers have advised and hereby advise Purchaser, by this writing, that Purchaser should have the abstract covering the Property examined by at attorney of Purchaser's own selection or that Purchaser should be furnished with or obtain a policy of title insurance. B. Notice Regarding Unimproved Property Located in a Certificated Service Area. If the Property is unimproved and is located in a certificated service area of a utility service, then Seller shall give to Purchaser a written notice in compliance with §13.257 of life Texas Water Code, and Purchaser agrees to acknowledge receipt of the notice in writing. The notice must set forth the correct name of utility service provider authorized by law to provide water or sewer service to the Property, and must comply with all other applicable requirements of the Texas Water Code. C. Special Assessment Districts. If the Property is shouted within a utility district or Flood control district subject to the provisions of §49.452 orlho Texas Water Code, then Seller shall give to Putchaser the required written notice and Purchaser agrees to acknowledge receipt of the notice in writing. The notice must set forth the current tax rate, the current bonded indebtedness uhd the authorized indebtedness of the district, and must comply with all other applicable requirements of the Texas Water Code. D. Property Owners' Association. If the Property is subject to mandatory membership in a property owners' association, Seller shall notify Purchaser of Cite current annual budget of the property owners' association, and the current authnrized fees, dues and/or assessments relating to the Property. In addition. Seller shall give to Purchaser the written notice required under §5.012 of the Texas Property Code, if applicable, and Purchaser agrees to acknowledge receipt of the notice in writing. Also, Seller shall give to Purchaser the resale certificate required under Chupoicr 207 of the Texas Property Code, il' appliwblo, and Pureliaser agrees to acknowledge receipt of Ilia resslc certificate In writing. E. Notice Regarding Possible Annexation. If the Property that is the subject ol'this Contnut is located outside the limits o%f(aa municipality, the Property may now or later be ►1 Included in the extraterritorial jurisdiction of Seller's Initials �LI J Purchaser's Inilhils m ®Copyright 2005NTCAR— Form No. 1(3t1115) Page I Produced vath Zhpfoon- b/ RE FennrNef, I.IC 1902a flfroen Mae Road, Canon lownhhlf, MkNpan 4aa35 ywm zioform mm The municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and extraterritorial jurisdiction. To determine if the Property is located within a municipality a extralcrritorial jurisdiction or is likely to be located within a municipality's extraterritorial jurisdiction, contact all municipalities located in the general proximity of the Property for further information. r. Notice Regarding Coasted Area Property. if the Property adjoins or shams u common boundary with the lidally influenced submerged lands of the state, then Seller shall give to Purchaser a written notice regarding coastal area property, in compliance with §33.135 of the Texas Natural Resources Code, and Purchu3er agrees to acknowledge receipt of the notice in writing. G. Cuff Intracoastal Waterwa) Notice. If the Properly is located seaward of the Gulf Intracoastal Waterway, then Seller shall give to Purchaser a written notice regarding the seaward location of the Property, in compliance with §61.025 of the Texas Natural Resources Code, and Purchaser agrees to acknowledge receipt of the notice in writing. 11. Notice for Properly located in an Agricultural Development District. If the Property is located in an agricultural development district, then in accordance with §60.063 of the Texas Agricultural Code: (1) Seller shall give to Purchaser a written notice that the Property is located in such a district; (2) Purchaser agrees to acknowledge receipt of ilia notice in writing; and (3) at the Closing, a separate copy of the notice with current information about the district will be aceuted by Seller and Purchaser and recorded in die deed records of the county in which the Property is located. IS. DISPUTE RESOLUTION. A. Mediation. If any dispute (the "Dispute") arises between any of the panics to this Contract including, but not limited to, payment of the Fee, then any party (including any Broker) may give written notice to the other parties requiring all involved parties to attempt to resolve the Dispute by mediation. Except in those circumstances where a party reasonably believes that an applicable statute of limitations period is about to expire, Ora party requires injunctive or equitable relief, the parties arc obligated to use this mediation procedure before initiating adlitratiao-ac any other action. Within seven (7) days slier receipt of the mediation notice, each parry must deliver a written designation to all other panics stating the names of one or more individuals with authority to resolve the Dispute an such parry's behalf. Within Fourteen (14) days alter receipt of the mediation notice, the parties shall make a good Faith effort to select a qualified mediator to mediate the Dispute. if the parties are unable to timely agree upon a mutually acceptable mediator, any party may request any sate or federal judge to appoint a mediator. In consultation with the mediator, the parties shall promptly designate a mutually convenient time and place for the mediation that is no hater than thirty (30) days after the date the mediator is selected. In the mediation, each party must be represented by persons with authority and discretion to negotiate a resolution of the Dispute, and may be represented by counsel. The mediation will be governed by applicable provisions of Chapter 154 of die Texas Civil Practice and Remedies Code, and such uther rules as the mediator may prescribe. The fees and expenses of the mediator will be shared equally by all parties included in the Dispute. the Brokers) shall submit the Dispute to binding arbitration before a single arbitrator. The Dis ee tied by arbitration In accordance with the applicable arbitration statute aril any talc y We arbitrator. Alter an unsuccessfid mediation, any party may initiate the arbitration y elivering it written notice of demand for arbitration to the other parties. Within feu ays after the receipt of the written notice of demand for arbitration, the parties shall aith effort to select a qualified arbitrator acceptable to all parties. If the parties are ua a upon the selection of an arbitrator, that any party may request any state or federal judge to 19. CONSULT AN ATTORNEY. This Contract is a legally binding agreement. The Brokers cannot give legal advice. The parties to this Contract acknowledge that they have been udvised to have this Contract reviewed by legal cenalsel 1wfore sinning this Contract. 1'14AAkCq \Valk, T"Nk>.I.a'q, I.Ir Purchaser's rs°" SeIIcYs F,F.q Teu. T5a31 attorney is: Wlollalo attorney is: Seller's Initials Purchasers Initials_ OC'opyright 2005 N Aft— Form No. 1 (3105) Page 12 Produced Nah Zap *Mr by RE F=nM*L LLC 10025Fi tesn Mee Road, Cllnlon TareleMp, M Wigan,4a035 apt21algm,txan 211. EXHIBITS AND ADDENDA. All Exhibits and Addenda attached to this Contract nro incorporated herein by relbrence and trade a part of this Contract for all purposes (check all /fiat apply]: ® Exhibit "A" Lcaal Description ❑ ® Exlllhil "B" Inspection/Feasibilitp and other provisions 0 13 Addendum A Improved Property Addendum 13 I Third Party Financing Addendum 8-2 Seller Financing Addendum B-3 Existing Loan Addendum C Inspection Addendum D Disclosure Notice Addendum E Lead Based Point Addendum p Additional Provisions 21. CONTRACT AS OF FM The execution of this Contact by the first pally to do so constitutes an offer to purchase or sell the Property. If the other party does not accept that offer by signing this Contract and delivering a filly Executed copy to the first party within days after the date this Contract is executed by the first party, then the first party may withdraw that offer by de ivcring a written notice to the other party at any time before the other party accepts that offer, in which ease Ilia Earnest Money, irony, will be returned to Purchaser. 22. ADDITIONAL PROVISIONS, lAdditionot prarislonx may be set forth below or on any attached .Addendanrl. See Exhibit "B" attached hereto See Exhibit "C" attached hereto See Exhibit "D" attached hereto and trade a part hereof for all purposes. and trade a part hereof for all purposes, and made a part hereof for all purposes. Seller's Initials Purchaser's Initials �M OL'opyright 2005 N'I AR— Form No. 1 (3105) Nodad wilh 2Wom1� by RE Fomenm, LLC t ee45 Flamn Mae flood, ClY Taventllp, Mh1pn 4ea35 V7myjj�__!joim rnmram Pole 13 EXECUTED to he effective as of the Effective Data SELLER: John Hampton Rattan By: (Signatures-- t V / `Si✓" YQ Name: Jotsst H_ Rattan By: (Signature) Name: Title: Tax I.D. No: Date of Execution: 3 PURCHASER: City of Anna By: (Signature) Name: Ryan nderson Tzr: Interim City Manager By: (Signature) Name: Title: Tax I.D. No: Date of Execution: AM Scott Real Estate, COOPERATING BROKER: N/A Inc. By: (Signature) Name:-- Thad He151ey title: President Address: 1650 W. Virginia, Suite 102 McKinney, Texas 75069 Telephone: 972-977 Fax: By: (Signature) Name: Title: Address: Telephone: _ Fax: Email:_thad@amsrealestate.net Email: TREC License No.: TREC License No.: OCopyr fight 2005 NTCAIt— Form No, 1 ("5) Page 14 Produced KithbpFmn" by RE FornuNKLLC 1aa7SFdlwnMde Road. Canon Tormhp,"an 480751pa0aziplon oxrn TITLE COMPANY RECEIPT: The Title Company acknowledges receipt of thus Contract on (the Fffeclive Date) and, upon receipt of the Earnest Money, accepts the Earnest Money subject to the temis and conditions set forth in this Contract. TITLE COMPANY: Reunion Title Company By; (Signature:) _ _._ . Name: Loretta Bodd 'riot: Escrow Officer Address: 1700 Redbud, Suite 300 trlcKinrtey, Texas 75069 i elephonc: 214-544-4000 Fax: Email: lbodd @reuniontitle. oom PIiRAW ION 70 M. nis farm is prm-1&d for me by members of dre North of rreaflar.0, hte. ["MC'AR'% neat vwmbers rf the North Texits r mmrrrlat A,ssockrllnrr of Real Estare Pnr ksianals, Inc; Permission is given to rrrake limited comes of the cravnir mrsion of Nrls farm Jnr Arse in a particular 7eras real estare rrmesactlarr, Mute cont"I lire NirAk oficr in cvJr1r0t 3vM am tall;; the csarant mrsfari of thix form, bktss p4-a1srcf1o1r, or reproduction for resale, is not allaived without tuprres Irernikslaa. Anj- chnsWet ro dis farm miul be anrde M a marryier drat Is abvlurrr. lfany ivarrlr are delered, they must be left In the forru mutt u llne draurri thruugh dean, Seller's Initials VU Purchasces Initials _ VCopyrigbt 2005 N AR - Form No. 1(3/05) plige 15 Noduced►Ah ZIPFocm^r by RE Forms". LLC 18025 Fifteen We Road, Chnion TownsWp, r chigan 40035 www zb!wm cam II � ' '� —��- �• � � �� � dill ......... . .. .III 9 11P /* EXHIBIT "B" In the event that any term or condition contained within this Exhibit "B" shall be in conflict with any terms or conditions within the main body of the Contract then the terms and conditions within Exhibit "B" shall apply and control over those in the Contract. 1. Feasibility/Inspection Period: Seller agrees that Purchaser, its agents, contractors and/or employees, shall have a period of thirty (30) days after the date of execution hereof, to enter upon the Property for purpose of conducting the inspections and tests deemed necessary by Purchaser including but not limited to inspections of the property and all improvements. Said inspections shall be for the purpose of determining the environmental condition and the economical feasibility of the property. Purchaser shall also during the inspection period make application to permit the subject property in a manner acceptable to the Purchaser for Purchaser's intended use. However, the receipt of needed permits by the Purchaser shall not be a contingency to this contract. In the event that the Purchaser shall determine in its sole judgment that the property is not environmentally or economically sound, Purchaser shall have the right to terminate this Contract by written notice to Seller, postmarked on or before the expiration of the said thirty (30) day period, and in the event of such termination, and upon the return of the earnest money deposit, neither party shall have any further obligation one to the other. Seller shall retain the one hundred and no/100 dollar ($100.00) option fee, as described herein, as consideration. 2. The subject property shall be used by the Purchaser for the development and construction of the Hurricane Creek Waste Water Treatment Plant and no other. The access to the treatment plant shall be restricted to Waste Water and City Personnel only and shall not allow for public access for any reason such as recycling or other public uses that would create traffic, parking or other related issues. In the event that the use of the property as a waste water treatment plant is at anytime in the future terminated then the Purchaser and/or its assigns may only use the site for open space or park purposes. Any future park on the subject property shall be designed to coordinate with park and open space developed on the Seller's remaining property and shall be applied to any parkland dedication requirement duties created by the City of Anna's zoning or subdivision ordinances 3. The Purchaser and/or its Assigns shall maintain the site and operation of the waste water treatment plant in a clean, safe and odor free condition at all times. Odor associated with the operation of the plant shall not be allowed to permeate beyond the boundaries of the subject property. Should odor at anytime begin to leave the site then the City of Anna shall, within 60 days, take all steps available to curtail odor from leaving the site regardless of costs. 4. Purchaser shall maintain a 50 foot buffer, within the subject property, along the entire north boundary and east boundary of the subject property. The existing trees within the 50 foot buffer shall remain as they exist prior to closing and this required buffer shall survive the closing. 5. Purchaser shall enclose the entire waste water treatment facilities within a security fence. Purchaser shall immediately repair all existing cattle fencing that is damaged during the inspection, feasibility, construction and operation of the waste water treatment plant and the associated outfall and collection mains assuring that the Seller's cattle are always secure. Purchaser shall not be responsible for damage or failure of the existing cattle fencing due to old age, weather, or private activities occurring on the seller's remaining property. This obligation shall survive the closing. 6. In addition to the conveyance of the subject 28.096 acres to the Purchaser the Seller shall also execute and dedicate the "Permanent Sanitary Sewer Easement" attached hereto (Exhibit "D") and the 100 foot Outfall Line Easement as shown on Exhibit "A". 7. Purchaser shall construct a 15" sanitary sewer main from the Hurricane Creek Sewer facility to the north line of the subject property, in a fashion allowing the Seller to connect to said main, for the purpose of providing sanitary sewer collection and adequate capacity for the future full development of the Seller's remaining property. The location of the termination of the 15" sewer main shall be determined by the Seller. The Seller shall also be provided with access to and the ability to connect to the sewer main to be located and constructed within the Permanent Sanitary Sewer Easement attached hereto. 8. Concurrent with the construction of the wastewater treatment facility, the Purchaser shall construct and install a re -use water main, connection and pump station from the waste water treatment plant to the north line of the subject 28.096 acre property in a location to be approved by the Seller. Said re -use water main shall provide, at no charge, to Seller the ability to connect to and reuse effluent discharge from the waste water treatment facility through a re -use water system to be used on Homeowner's Association Lots, City and Homeowner Association designated park land and open space areas, along City and Homeowner's Association trails, and within Public Rights -of -Way for irrigation, to maintain pond features and other appropriate uses within the development of the Seller's remaining property which will be developed by the Seller and/or Seller's Assigns in the future. The re -use water main and pumping system will be sized and located in a location to be determined by Seller and Seller's master plan, subject to review and approval by the City of Anna during the development process. If the Seller desires to provide effluent to private properties outside of the stated uses above, a separate agreement between the Seller and the City of Anna will be required. The right to the effluent water by the Seller as described herein shall be assignable by the Seller to future owners of all or part of the Seller's remaining property. Seller shall have the right, but not the duty, to accept or use the effluent and failure by Seller to utilize the effluent shall not be deemed a waiver of its right to the effluent in the future. 9. The Seller is selling the subject property As -Is and Where -Is and with all faults. Seller makes no warranties or representations as to the condition, usability, environmental condition or any other condition of the subject property. Purchaser shall rely solely on its own studies, test and inspections to determine all aspects as to the condition of the subject property. Additionally, Exhibit "C", "As Is Sale" is attached hereto and made a part hereof for all purposes, the terms of Exhibit "C" shall survive the closing. 10. Purchaser will provide, at no cost to Seller, and execute the necessary easement(s) for water drainage/storm water runoff from Seller's remaining property onto and across the subject 28.096 acre tract. Said easements shall be of a size and location necessary to properly convey stormwater from existing drainage areas on the Seller's remaining property to their natural termination points south of the subject 28.096-acre tract in accordance with State Law and the most recently adopted City of Anna and Collin County drainage design standards. 11. If the final date of any period falls upon a Saturday, Sunday or legal holiday under the laws of the State of Texas (when the offices of the Title Company are closed), then in such event the time of such period shall be extended to the next day which is not a Saturday, Sunday or legal holiday under the laws of the State of Texas. The term "date of this Contract" as used herein shall mean the last day, month and year written on the signature page hereof which shall be the date of final execution and agreement by all parties hereto. 12. All parties involved herein, including the buyer, seller, title company and any agents, employees and/or contractors of the same that will have knowledge of the terms of this contract hereby agree not to disclose any of the said terms and conditions to any other party or entity at any time before, during or after the closing of the Contract of Sale, except as required by law. 13. By its execution of this Agreement, the City does not waive or surrender any of its respective governmental powers, immunities, or rights except as provided in this section. The Parties acknowledge that the City waives its sovereign immunity as to suit solely for the purpose of adjudicating a claim under this Agreement. Purchaser:��.. ' �, ►IlC`1" "iS Sw THE SPECIAL WARRANTY DEED EXECUTED AT CLOSING SHALLCONTAIN THE FOLLOWING'AS IS" PROVISION: SELLER AND. PURCHASER AGREE THAT PURCHASER IS TAKING THE PROPEW "AS-15" WITH ANY AND ALL IATENT AND PATENT DEFECTS AND THAT THERE IS NO WARRANTY BY SELLER THAT THE PROPERTY IS FOR A PARTICULAR PURPOSES PURCHASEA ACKNOWkEDGES THAT IT IS NOT REI.YI f t UPON T t� ACCURACY OR CiQMPLERNpS 9F.ANY RtP .eS9NTATt0N, BROCHURE, REMPEPJNG. PROMISE, STATEMENTOR-OTHERASSERTION OR INFORMATION WITH PAPECT- TO TIME PROPERTY MADE OR FURNISHEID, BY OR ON, REHALF OF, OkOT1 E#RWISE ATTRIBUTED TO, ,SELL ER OR ANY OF SELLER'S AGENTS. EMPLOYEES OR REPRESENTATIVES; A. NV AND ALL SUCH RELIANCE BEtflIG.HEREBY EXPR l.Y AND UNEQUIVOCALLY piSCLAIMRD, BUT IS RELYING SOLELYANQ•EXCLUSIVELY UPON ITSOWN ExPERIENCE-AND'ITS INDEPEI401, 4TJUDG.MENT, EVALUATION AND EXAMINATION OF THE: PROPERTY. PURCHASER FOPHER UNEQUIVOCALLY DISCLAIMS EIj THE EXISTENCE OF ANY QUTY TO DISCiOSE.ON THE PART QF 49LLER OR ANY OF SELLPR'S AGENTS, EIVIPLOYE14 OR -REP RESENTATIVEO► AI D (II) ANY REL�INCE. BY PURCHASER ON THE RERRtSENTATIONS AND WARRANTIES Skr FORTH IN THIS CONTRA P OR THE SILENCE OR THE SILENCE OR,ANYALLEGED NO- *RDISCLOSURE OF,SELMR OR ANY OFSELtER'S AGENTS, EMPLOMS OR REPRESENTATNES..PURCMASER TAKES THE PROPERTY UNDER THE EXPRESS UNDERSTANDING THAT THERE ARE NO EXPRESS OR IIMPUED WARRA01% jEXCEPT FOR LIMITED WARRANTII$9 OF TITLE SET FORTH IN TI* CLOSING DOCUMENTS). PURCHASER EXPRESSLY WARRANTS ANa REPRESENTS THAT NO PROMISEOR AGREEMENT WHICH iS NOT HEREIN ptPRESSp HAS =N MADE TO R AND HEREBY DISCIAIIIS ANY REUAIIICE:UPtN ANY SUCH ALLEGED PROMISE OR AGREEIWENT• THE CONTRACY CONSi'ITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES. THIS PWS FREELY N960TIATED AND PLAYED AN IMPORTANT PART IN THE -BARGAINING PROCESS FO.RTHIS CONTRACT, PURCHASER NAS AGREED TA DISCLAIM RtUANC9 ON SELLER AND TO ACCEPT THE. PROP.ERTY'*AS-Ir WITH FULL AWARENESS THAT THE PROPERTY'S PRIOR USES.OR OTHER MATTERS'COULD AFFECT ITS CaNpITiON, VALUE, SUIT$IlITY 0101TNESS1 AND PURCHASER CONFIitMS THAT PURCHASER i5 HEREBY ASSUMING ALL giEKASSOOATED7HEREINITH. PURCI'IASER:,UNDER 4"DSTHATTHE DISCLAIMERS Qlr RELIANCE A�1p OTHER PRQVISIQNS CONTAINED HEREIN CQULD LIMIT ANY LEGAL RECa1 RSE OR REMEDY PURCHASER OTHEkWiSE.MIGHT HAVE, PURCHASER ACKNOWDC�ES THAT IT HAS SOIUGHT.ANP HAS REELED UPON THE ADVICE OF ITS OWN LEGAL COUNSEL CONCERNING THIS PROVISION. PROViSIONS'OP THIS PARAGRAPH $"ALL SURVIVE CLOSING AND SHALT. NOT MERGE. Exhibif"D" "Permanent Sanitary:Sewerlasement" (to be executed by feller at closing) PERMANENT SANITARY SRWEKA►SEM T KNOW ALL MEN BY THESE PRESENTS, that Jab.,:AwApt0n' Rattan, (hereinafter called `-`Grantor"), in consiiteretion of one dollar 100 and other; and and valuable consideratipn . 'd _ llta Ci of Anna, Tess, ( ) g.. by . tY _ (hereinafter called Grantee ), the fwalpt and su aency of which is heroby :aaknowtodged, do, hereby gran4 bargain, se11, transfer, aiid convey o said Grantee, its successoral �aod .asa.IP, $ a. pet s$ment with the right to erect, install, construct, and ,lay and thereafter use opera e� as repair, i intain, replace, and remove sanitary se�irerI lines,artd.eppurtenances iA. aildugh Grantors' :tl, a ,tract of land for`:Pemjianertt Sanitary Sewer'F,asement A0,foot width and being under, ;over and acrgss:'xact -4 in:the ;i.'T, Chenowetli, Survey, Abstradt'158, Collin County, Texas, _a+sa1lcd 1pb:4$8 care tnetct:conveyed to John I ampton Batten by deed recorded -in Instrument Number ] 9960829ail0742040 of the Deed . Rarords of of in County, Texas (D•R.QC T together with the right of ingtiress and egrets .over Grantors' adjacent lands for the purpose for which the move ntentiosed n is .ar+e ` ed, Theeasement l�ereb granted shalt be. 106738. ' uaiie -foot ... y,# sanitary sewer easement; being iut4re particularly,desFribe in EasemedMxhibit "A", attached Hereto and made an, integral part of this "son ht. p ,rare+ :eonstnisdi9n easement. d0. feet in width being .more p$riicnlarly There, is elsa beret gi�nted a @m o described in Easement Exhibit 4`A ; attached. heitto and made an ntegiral part of this ease> e4�t for the purpose of coristru.6d , a sanI sewer �liob and eppurtensncok the Urm :of which tetnporeiy construction. easemaiit to end when constnc#ian of sastie : is completed bui 'not eater .than s�rte .Y' der 'ilea elate of ecution of this document, as acknowledged betow The t~onsidcration incited herein ahall qonst tote payment in full for ati ,dernagesaustained by Gr#*r by .reason of the mstallat�on :of ;the stntctures: referred to. here and the Gran►#ea will. mainta atic: easementn a state of good, re air and e�ciency so that no unsoable damages will resr:ltm its use to Grantor's premises. This g P Agreemeni:togelher with other provisions of'this,grdnt shed ns�tut a cov4teant irtptning with the':land.for *0 benellabove described lands and that said lands are' free andclear of all encunibranoes aridli�s except the. following: 1N WrI NESS WHEREOF the .,said Gmntor(s) haslhave executed. this instrument this •day of 2022. Joba Hampton Rattan By: Print Name: ACKNOWLFJ)G LENT STATE .OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned: a Notary Public .in and foar said County and State, Qn this day personally appeared known tome to tie the arsons) whose name (s� is. (are) subs clibed to the P... fpnegoing instrutrient :and acknowledged to me that he fife) (tb�ay) executed the same for the purposes and cpnsiderat ore. therein expressed. GIVEN UNDER MY HAND AND. SEAL OF OFFICE TI41S TIDE _„ day. Of , 2022, (Seal) Notary hitblic, State of Texas John Maqptpn Ration QV�6069 FiXIMIT W rMLONME'. nzsc 0. N. IRYOWEREASEM IL ENT PEWANOTAMI CITY 'OVANNAiTEXAS Pqrco AVQ I $ Q& ifA n0d Being 4 tract of, lafid)14r. Porniopat $aplit . ar0ower.13mem 04pot vidg) �aqd,kingqnde ovorand across -*4 a � called - -1 06ASS.'aare, tMd Tract a 4% Toxas .640 of.'the John ik Iiii by dead J Used conmed.to,4pi n 'idea W�`Miblltiq mO 409�0029009142-, OAT.), �WO 40461 wide PIIIW�66tstmbr it... a4�-6111n.t6Azy'. y. awarEssemmit Wpg . : I �jy 400til loula as fbilows" More 0aft, BEGNNINQ at apointfor said .061"i-be established fence 11nq.6nAehqAh.P 0"&-pn.'an eftb Ce -0 p" lime.of said 106,488-ApteRott the ioArop lint, or Tract - 49,911, Abstiidt 1 $9 Collin M oWlL-A Adams, 0D.*Y,dW* �UPV iibilillwb. o.tjho-CxT,Jdjm4d b J 2904.SO W. a dist&nce of3,1843 6feet from d pn thi W4640ty . east -west wv4j rooA on tbe, pi**0"k,Or 10. -*PBOliVsr 1 -Su", .4iftict'6711 Collin couryoroa-9alled0. p*n edto R&D LTDbY.deed lecor. int*t y InghtmentNumber 201 002315070.44 e. Q' northwest IR C- the no West properly agroerp TrAct 3 hi the T. Abstradt.' Texas, J --to BasWn Oliver Stuve &I !o -CO T *lW611,40AftftctddhvqYcd ,Pansy y, Family Limited Partnership by d#$. r�Jn Instrument Number 199,71001000829130 dthe a L R.C.C.T.. erSL 79 Co unty, T and the south, property line dTra 4111P .1h Wal"011V U Collin 0;4%, a rvdYs, ANftct 67 called. S6.00 acre tract coviveyed.4o john'Rdtin & .,1166,of Do*A:SU'0 Rattan c/o John Rattan*b --itood 153.02 of -*dngS.179l8!3-411 recorded in Instrument Number e-OXC4,M, "Id.point also. Wo a dislandle of 11076-87 feet ft10 d. easterly 100, Pro" corner Of Trad 19 In theH.T. Ch lht it 1-so in. County,�Tgkm a cOI@O 40 .371 acre treaconvoyed enow, a Survey, 4 to Twin Rivers Estatmttd--`bid�4 in instrument Mithbot 200B02,290,M3A6 dfifie th DOR.C.C.T., and � t4 southwest proo" comer c0fiv6 I I -Soli -Collin to 0 T A0, tr*t C. ounjy,.,TsxM- a called 2,16.801 eacre lme . t.0 . ppV#y;41qVqrj4U Ho lland 4 -Mautino D101toy by deed recorded .jft'jnjtjjjm6ntWUmbp , r � j P5021660110690 otthb-D 1W.C- &To; THIINCIE4 S SQ?003411 W, departing 'the Mmoo p line ofsal.d. 106ASS acre Rattan tract and said 101 acre MJLAtreat, adistan*co.6t'1'9,,I,'2.,*fret 'to-'.4, 1P10i PO . T c6therx THENCES 72010'S3l, W, adistance .- 0096 gotb a oulni ,f6r comer-' THENCE, S 2204713 T1 W. a d1awco 43 0 1 J3 -to -a P Mint for comer; THMCK S 5 VO&OW1 E. a 41M."co -of 9 15.75 f=t,tD a pqint for comet, n4mc6, S V1002 1" Es a4stonce of 405.06 feet to a point for comer THENCE, S 0 165 1,113"K a distanc&J#200.01 f8d W 2 paint for corner; THENCKS 44005'40" K. a t to a Point forwimer, said point;being an ap,ostablighed dWaqqeqfj68JB , fee . 11 . .1. � I "' j _ . r, . 1. � ibnce line, on the south I r Property property ine-cifiWid WAS AW*RAantrabtbftdthdnd tine df-saild 56.00 acre Rattan tract; Papl of A John NoapLa Rattan Portal Nu 1.1 0212612019 city of unit( CXHIBI'1"'A" THLNCI-N 89032'48" W, along said fence line and said common properly line, it distltce of 56.13 feet to a point for corner, THENCE, N 44005'40" W, departing said fence line and connnom propcny line, a distance or 144.25 feet to n (mint rorcorner 1-1IRNCG, N 01051'13" W, at distanm: nr207.27 real to a point for carrier '1'I IIiNCL, N 25"00'21" W, it distant ol'388.50 real to n point rot corner 11 IL'NCIi. N 51 "06'07." W, a distance of 926.15 feet to a point lirr corer TI II?NCI-, N 2204732" I:, it distance of 348.50 feet to a point for corner THUNCK N 72" 10'53" L. it distance of 967.28 feet to a Imint for comor, said point twing (in said fence line an said cvmmoon property line of said 106.488 acre Italian Intel and said 10 1 nem M.t I.A tract; 1'I IhNCI:, 5 8700019" 1 along said lonee line and said conunon property Zinc, it distance or64.43 fact to the VOINT OF BLGINNING, said 40-foul Permanent Sanitary Sewer Ruscmcnl containing 2.450 acres (106,738 sguroc feet) of land, more or less. Also n 40-font wide temporary construction easement being immediately adjacent to and parallel with the easterly legs of the above described Permanent Sanitary Sewer Enscmew and containing7.763 acres (120.375 square feet) of land, more or Icss. NeM: I. Ilcnrings and distances cited in this field note description are based on the Texas Stntc Plane CanrdinnW System. NAD-83 Texas North Central Zone 4202. 2. Fluid survey concluded on 12/27/201 H. 3. An L•usenrent Plat of even (late herowith accompanies this Field Nate Description. Gary C. Hendricks, P.li., R.P.I..S. (. Texas Registration No. 3073 Rirld off, l-leudricks & Caner, I.I.P. ................ TFIPLS Finn No. 10031 R-00 fdaY CLINTON 11 11910 Greenville Ave.. Suite 6181 :.� 5073 Dallas, Texas 75243 It\61 w,a"w4"wQ01a49n"d 1) dM Page 2 (?f3 Q ��O Q ^K 0 W LL W N 0 Z m0 On I J w = a` �{ Z W a LL LU Z wY a �a - r' W :n WVdA Q:�iiVl Lt' fLt : U 14 61 11L�� w z e a5I — _ _ ON! -Jay LSBy j 1 LOVS M ISM\1 OLOCSIIOOS sway IO U4 twig Uca •Isar z umU Lr� dtcvuvv 9 HYLLya 8 ins MW •— — $j A�2 Ja 71YIs3 V INllya HHar a aw'f1 Inmd BYIaIOL\�Fld\,loid lmmn y eun-ss a•++� .wY�nx eYlalvs w�,Aww or,d�al Irosardm - al sI/e wswa CLOSING DOCUMENTS SALE FROM JOHN HAMPTON RATTAN TO CITY OF ANNA Being a 28.096 acre tract of land, situated in the Bastian Olivo Survey, Abst. No. 677, in Collin County, Texas and being a part of that called 56 acre tract and that called 147.48 acre tract, described by deed to John Rattan, as recorded under Document No. 20090915001153020, of the Official Public Records, Collin County, Texas. May 12, 2023 REUNION TITLE COMPANY UNDER FILE NO. 4716.3121 / 2018-377525 1700 Redbud Blvd., Suite 300 Telephone 214-544-4025 McKinney, Texas 75069 Fax 214-544-4044 Table of Contents Settlement Statement - Buyer ........................................................ Contract - receipted....................................................................... Commitment................................................................................... Deletion of Arbitration.................................................................... TaxCertificate................................................................................ Recorded Warranty Deed.............................................................. Recorded Memorandum of Post -Closing Agreement .................... Recorded Outfall Facility & Treated Effluent Drainage Easement. Recorded Permanent Sanitary Sewer Easement Tr 2................... Recorded Permanent Sanitary Sewer Easement Tr 4................... Grantor's Affidavit.......................................................................... FIRPTA(2)..................................................................................... SurveyAffidavit.............................................................................. Survey - REV - 05-04-2023............................................................ 3 6 31 44 45 47 54 60 68 74 80 82 84 87 Reunion Title TITLE 1700 Redbud Boulevard, Suite 300 • McKinney, TX 75069 Office Phone:(214)5444090 Office Fax:(214)5444040 Buyer's Settlement Statement File No: 2018-377525-RU Escrow Officer: Loretta Boddy/LB Settlement Date: 05/12/2023 Property: 28.096 acres, Bastian Olivo Survey, Abstract No. 677, Anna, TX Buyer: City of Anna, Texas 120 W. Seventh St., Anna, TX 75409 Seller: John Hampton Rattan 700 N..McDonald St., McKinney, TX 75069 John Hampton Rattan, Trustee of The Rattan Family Trust 700 N. McDonald St., McKinney, TX 75069 Description Buyer Charge Buyer Credit Consideration Total Consideration 2,600,000.00 Deposits In Escrow Receipt No. 20189223 on 03/09/2023 by City of Anna 100,000.00 Title/Escrow Charges _ Escrow Fee to Reunion Title 1,500.00 Filing fees to County Clerk to Reunion Title 222.00 Electronic recording fee 5 does @ $5.45 ea to Reunion Title 27.25 Texas Guaranty Fee - Owner Title Policy to TX Title Insurance Guaranty Association 2.00 Tax Certificate Commercial to Data Trace Information Services 85.58 1000 T-1/T-1 R Single OTP R-1 to Reunion Title 12,503.00 05[ 00 TXLT-3 Survey Amendment OTP Non-Resi (R-16) to Reunion Title _1,875.45 0895 TX T-19.1 REM Non-Resi OTP w/Surve Amnd R-29D to Reunion Title 1,250.30 Cash (X From) ( To) Buyer 2,517,465.58 Totals 2,617,465.58 I 2,617,465.58 See Attached Signatures Settlement Statement Page 1 of 1 Print Date: 05112/2023, 5:21 PM Bu}-et's Settlement Statement Settlement Date: 05/12/2023 File No: 2018-377525-RU Officer: Loretta Boddy/LB 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 Reunion Title 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. BUYER(S); City of Anna, Texas By: K KyalK Henderson Int rim City Manager Reunion Title By ktt�Z& J &K— Loretta Boddy, Escrow ffi er ADDENDUM TO SETTLEMENT STATEMENT FILE NO:2018-377525-RU SELLER: John Hampton Rattan, individually and as Trustee of The Rattan Family Trust PURCHASER: City of Anna, Texas SETTLEMENT OR ESCROW AGENT:Reunion Title ADDRESS OF SETTLEMENT AGENT:1700 Redbud Boulevard, Suite 300, McKinney, TX 75069 Sellers (Listing) Broker Name Sellers (Listing) Agent Name: Buyer's (Selling) Broker Name: Buyer's (Selling) Agent Name: COMMISSION PAID AT SETTLEMENT AM Scott Real Estate Inc Thad Helsley DATE:05/12/2023 TIN:20-3348643 Commission Amount: $104,000.00 Commission Amount: $0.00 DISCLOSURE REQUIRED BY SECTION 2702.053 INSURANCE CODE Underwriter: First American Title Guaranty Company Premium Amount: 1511/a Agent: Reunion Title Premium Amount: 20% Other: Abernathy, Roeder, Boyd & Hullett PC Premium Amount: 65% 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. 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. The undersigned hereby authorizes Reunion Title 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. City of Anna, Texas By: 17.4 pi!�:: R n Henderson, Interim City Mar}ager Reunion Tide By Lor tta Boddy, Escrow NORTH TEXAS COMMERCIAL ASSOCIATION OF REALTORSO COMMERCIAL CONTRACT OF SALE JCberk all haves applicable to this Contracl - Boxav nol checked do nol apply to flak Conlraell In consideration of the agreements contained in this Commercial Contract of Salo (the "Contract"), Seiler shall sell and convey to Purchaser, and Purchaser shall buy and pay for. the Property (defined below) pursuant to tilts provisions, and subject to the conditions, of this Contract. 1. PARTIES, The partiss to this Contract are: Seller: John NaMpton Rattan Address: Phone; Email; Purchaser: Address: Phone: Email: 2. PROPERTY, The addrt-ss of the 28.096 + or — Acres of ver Fax: of a 56 acre tract known as Texas . The Property is located in County. Texas, the land portion ofAdch is Further dmribod as: or as described in Exhibiitt'W'. LEGAL DESCRIPTION and/or shown on Exhibit "it". SITE PLAN. The Property includes, all and singular, all improvements and fixtures situated thctrao, and all rights and appurtenances pertaining thereto, including any right, tide and interest of Seller in and to adjacent simem, alleys, or rights -of -way (such land, improvemcnta, fixtures. rights and appurtenances being collectively herein reforred to as the "Property"). 3. PURCHASE PRIGS. A. Amount nail PAyable.The purchase price forthe Property is S 2,600,000.00 (the "Purchase Price"), payahle at the Closing as follows (with the Earnest Money to be applied to the Purchase Price) JClreck call- oncJ: ® (1) All in cash (meaning Good Punds, as deCncd in Se ct on AF below). Ifthis Contract is subject to npprovnl for Purchaser to obtain financing from a third party, then Addendum 11-1, THIRD PARTY FI NANCINC iR attached. ❑ (2) Partin cash (Good Funds), in the tal lowing amount or percentage /Chock wily one/: D (a) 5 0 (b) 9A) ofthe Vurchaise Pe. rantric If only part of the Purchase Price is to be paid in cash, then the balance of the Purchase Price will be paid according to the provisions in Addendum li-2, SELLER FINANCING. lt' part or the Purchase Price is to be paid by Purchaser assuming an existing promissory note secured by the Property, or taking the Property subjed to an existing promissory note secured by the Property, then Addendum 073, EXISTINC LOAN, is attached. Se1lCeS Initials I'urchnser's Initials,_ CCopyright 2005 NTCAR — Form No, 1(3105) Page I Vroduced Wth bpFam'" try RE F umsNal. LLG 10025 Fineon Mae i+ona, Clit M U'Artship, WJ%1gUn 4805 Yjir rt19..9rna mTe mtm. Rrn [3 D. Adjustment. The Purchase Price will be adjusted up or down based upon the land urea ot'the Properly as dcu mnined by the Survey. The land arcs will he multiplied by the following umount per acre or square fool, as applicable, and the product will become llte purchase Price at die Closing JCheek only oneJ, [] S per acre; or ❑ S per square foot. The land area for purposes of determining the purchase Price will he the grass hued area of the Property unless this box ❑ is chocked, in which case the land area for purposes of determining llte Purchase Price will be the Net Land Area [as defined in Section 5A (Survey)] of llte Property. Notwithstanding thv foregoing, the Purchase Price will not be reduced under this Section 3B to less tlwm S 4. EARNEKI' MON1k Y AND TITLE COMPANY KSCROW. A. Title Company. The Title Company to serve as escrow agent for this Contract is (the "Title CuaiPsi uy" ): it. Effective Dine. The "Effective lilac" is the date the'ritic Company nct:nowlWges receipt of this fully eoxecule:d Contract as indicated by the signature block for the 'fille Company. C. Earnest Money. Within two (2) Business Days alter the hiTeclive Date. Purchaser shall deliver an earnest money deposit in the amount of -100, 000. 00 _ (the "Earnest Money") payable to the Title Company, in its calmcity AS escrow agent, to be hold in escrow pursuant to thu ►erm s of this Contract. Salters acceptance of tills Contract is expressly conditioned upon Purchaser's timely deposit of the Lamest Money with the Title Company. If Purchaser fails to timely deposit the Earnest Money with the Title Company, then Seller may, at Sofia's option, terminate this Contract by delivering a written termination notice to Purchaser at any time until Purchaser deposits the l.ttrttest Money with tltc'1'illc Conipwiy. the 1"ttle Company shall deposit Cite Earnest Money in one of more fitily insured accounts in cello or more federally insure -el banking or savings institutions. Purchaser hereby instructs the 'fille Company to promptly deposit the check upon roceipl (which instruction may not he retracted without Seller's wriltun conseril). Attcr receipt of necessary tax forms from Purchaser. the 'Title Company will deposit the Earnest Money in an interest beRdng account unless Ibis hox ❑ is checked, in which case the Title Company will not tie required to deposit the Earnest Money in an interact bearing account. Any interest earned on the F.anicsf Money will become a part of the lamest Money. Al the Closing, the Earnest Money will he applied to the Purchase Prick or, at Purchaser's option, will be returned to Purchaser upon full payment of fitc Puruhase Deice D. Indelxndent Consideration. Notwithstanding anything in this Contract to the contrary, a portion of the Earnest Money in the amount eel" $100.00 will be nun-rcfundahlo and will be distributtd its Scllcr upon any terminnliot+ of this Contract as independent enmitideratuin for Sellers pertbrmance: under this Canute. if this Contract is properly terminated by Purc:hwcr pursuant to a right of termination gtantud to Purchaser by any provision of this Contract. the F.amest Money will he promptly returned to Purchaser. Any provision of this Contract that states that the Fornest Money is to be returned to Purchaser means that [hr. Gamiest Money, Ie ss the non-refwulnhlu portion, i$to be returned to purchaser. E. Escrow. The Eamest Money is deposited with the Title Company with the understanding that the ,nie Company is not: (1) responsible far the porfrirmance or non-perforniance of on) party to Ihis Contract; or (2) liable for intcrest on the funds except to the extent interest has been crirncd attor the funds have been deposited in an imtcrc%t bearing account. I-. Donaitlon of Good Funds "Good Funds" means currently available funds, in United States dollars, paid in the farm of n certilled check, aasltlees check. official bank check or wire inut0cr acceptable to the Title Company. such that the payment may not lie stopped by the paying party. Any reference in this Contract to "gash" means Good Funds, Bellew Purebisser's Winds VCopyrigh 121105 N-IVAR—Form No. 1 (3/05) Page 2 Produced M4 2VF"lw by RE Form"k LLC 1ED25 F4ttinn Mdo road, Cl,nM Tamnshlp. Mrhn@n 48035 MWUSdWnl(101T S. Sl1RVPV AND'r!'fl.l£, A. Survey. Within twenty (20) days after the Effective bate /Check ou(V Niel. ❑ Seller shrill deliver to Purchaser a new survey ((he "Survey") of the Properly prepared at Seller's expense, Purchaser 2 SeW shall deliver to Purchaser n new survey (tile "Survey") of Ille Ptupsriy Prepared at Purchaser's expense. ❑ Seller shall deliver to Purchaser a new survey (the "Survey") of the Property prepared at Purchaser's cxpensa, and Scller will give a credit to Purchaser against the PoKhase Price ui the Closing far the cost oflite Survey In art amount not to exceed S ❑ Seller shall deliver to Purchaser a copy of the most recent existing survey (tic "Survey") of the Property in Seller's possession. If Purchaser. Pttmhasces lender or the Tittc Company requires a now survey for any reason. then Purchn.-aw shidl pay ror the cost of the now Survey. and (cheek only onel; ❑ Seller will not be required to pay for any portion of the cost of the new Survey; or ❑ Scller will give n credit to Purchaser against llte Purchase Price at the Closing for the cwst of the now Survey in an amount not to exceed S Any now Survey must! (1) be prepared by a Registered Professional Land Surveyor; (2) be in a form reasonably acceptable to Purchaser and the Title Company; (3) set forth a legal description of the Property by metes and bounds or by reference to a platted lot or lots; (4) show that the Survey was madu an the ground with corners mnrked with monuments either found or placed; (5) show any discrepancies or conflicts in boundaries, and any visible encroachments; (6) contain the surveyor's cartilicata that the Survey is true and correct; and (7) show the location and size of ill of the following ore or immediately adjtt=it to the Property, if any. if recorde d or visible and upparcnt: (a) huildinp, (b) building set back lines (its shown on any recorded plat, but not as may lac described in tiny rcatrictive covenants or zoning ordinances), (u)strews and roads, (d) 100 year hood plain (approximate location). (c) improvements, (0 encroachments, (g) casements, (h) recording information of recorded casements, (1) pavements, 0) rtrusions, (k) fences, (1) righWo -way, and (tit) any markets or olhor visible evidence of utilities. Any area of the perty tvithin the Iq0-year ltoml plain will be shown on ilia Survey as the upproxintate location of the I00-year flood phtht as defined by the: FWcral Emergency Management Agency or other applicable governnicnial utuhorityy. It' the area within any 100-year flood plain Is to be deducted liar the purpose of dutcanining Ncl Lanza Arca (defined below), then the Survey trust show the area orthe Property covered by the 100-year flood plain, and that area, as reusonnbiy determined by late surveyor, will be conclusive for purposes of this Contract, even though the surveyor may qualilj that determination its upproxintate. After the dolivcry of rile Survey, the legal dewription of the Properly set forth in the Survey will be incorporated in this r:nnlrmci as the legal description of the Properly, and will be used in the deed and any other documents requiring a legal description of the Property. 'Ilia Survey must show the gross land area of the Property, and if the Purchase Price is based lipon the Net Land Aral then the Survey must also show the Net Land Area, expressed in both acres rind square feel. The terns " Nel Land Area" means the; gross land area of the Properly less the urea within any of the following (if recorded or visible and apparent, hit excluding those within set back areas) /Check all that applyl: ❑utilily easements; []drainage easements; ❑aceesseasements; ❑ right s-of=way; C1100-year flood plain; and ❑any cncruaohinenls on thu Pmpo"!y. 0. Title Commitment. Within twenty (20) days after the effective Date. Seller shall deliver or cause lobe detivcrad to Purch"or. ( l) A eitle commitment (the "Title cornmirnent") cnve:ring the Property binding the'tItle Company to issue it 'Texas Owner Policy ofTitle itle Insurance (the "'Title Policy") on the standard form prescribed by the Texas Departtnent of Insurance rit the Closing. in the full amount of the Purchase Price, insuring Purchaser's fee simple title to the Properly to he good and indefeasible, subject only to the Permitted Exceptions (defined below); and (2) the following (collectively. the "Title Documents"): (a) true and legible copies of all recorded instruments alFccling the Properly and recited as exceptions in the Title Commitment, (b) a current tax cettiftcate; (c) any written notices required by applicable statutes, including those referenced in Section ; and (d) if die Property includes any personal properly, UCC search reports pertaining to the Seller. Scher shall pay any expense for delivery of the Title Commitment and Title Documents. Seller's Initials Purchaser's initials_ tDCopyright 2005 l+1TCAR- Form No. 1 (3105) Page 3 Produced KSIh ltpForm"A by RE FomnNetk LLC 1 tl 5 Fllteen Mlla Rand, clinlon Toomhfp. Mrdlrpan 4ZO35 RIKVIFW OFSIIRV[:Y AND T1T'LF- A. Title Review Period. Purchaser will have fifteen (3 5) days (the "Title Review Period") after receipt of the last of the Survey, Title Commitment and Title Documents to review them and in deliver in writing to Seller any objections Purchaser may have to them or any item disclosed by them. Any item to which Purchaser does not object will be decmed u "Permitted Exception." The items set forth on Schedule C of ilia Title Commitment, and any other items the Title Company Identifies to be released upon the Closing, will be deemed objections by I'urchuscr. I'uisltasei's fuiluic to object within ilia time provided will be a waiver of the right to object. If Purchaser delivers any written objections to Seiler within the Title Review Period, then Sell" shall make it good faith nitempt to cure the objections within tent (10) days (tile "Cure liei ind") after receipt of the objections. However, Seller is not required to incur any cost to do so. Zoning ordinance% and the licit for current taxes are deemed to be Permitted Exceptions. B. Corr Period. If Seller cannot cure ilia objections within the Care Period, Seller may deliver a written notice to Purchaser, before expiration of the Cure Period. stating whether Seller is committed to cure ilia objections at or before the Closing. If Seller does nut aura the objections within the Cute Period, or does not timely deliver ilia notice, or dots not commit in the notice to fully curc all or Ilia objections at or baron. the Closing, then Purchaser may terminate this Contract by delivering a written notim. to Seller on or berore lase earlier to ocmir of. (1) the date that is seven (7) days after the expiration of the Cute Period; or (2) the scheduled Closing Date. If Purchaser properly and timely terminates this Contract, the Eames[ Moncy will be returned to Purchaser. I Purchasur does not properly and timely terminate this Contract, then Purchaser will be deemed to have waived any uncured objections and must accept title at the Closing subject to the uncured objections and other Permitter) Exceptions. Seller's. failure to cure Purchaser's objections under this Section 6 does not constitute a default by Seller. 7. SELLER'S REPRESENTATIONS. A. Statements. Seller represents to Purchaser, to the best orSellees. knowledge, as follows: (1) Title. At ilia Closing, Seller will convey to Purchaser good and indercasibic far simple title to the Property free: and clear of any and all liens. assessments, easements. soourily interests and other encumbrances except the Permitted Exceptiuns. Dcliwcry of ilea Title Policy pursuant to Section 12 (the Closing) will be deemed to satisfy the obligation of Seller as to the sufficiency or title required under this Contract. Howcvcr, delivery nr the Title Policy will not release Seller from the warranties of title set forth in flit warranty deed. (2) Leases. There are no parties in possession of any portion of the Property as lessem tenwtts sufferance or trespassers except tenants under written leases delivered to Purchaser Iursuani to this Contract. (3) Liens and Debts. There are m1 nxxuianies liens, Uniform Commercial Code liens or unrecorded liars against the Property, and Seller shall not allow any such liens to attach to the Property before the Clotting Iliat will not be satisfied out ortlre closing proceeds. All obligations of Sellcr arising front the ownership and operation of the Properly and any business operated on the Property, including, but not limited tu, taxer, leasing commissions. salaries, contracts, and similar agreements, have been paid or will be paid before the Closing. Except for obligations for which provisions arc made in this Contract for prorating at the Closing and any indebtedness taken subject to or assumed. there will be no obligations orSeller with respect to the Property outstanding as of the Closing. (4) Litigation. There is no pending or threatened litigation, ccmdemnmion, or assessment affecting the Property. Seller shall promptly advise Purchaser of any litigation, condemnation or assessment affecting the Property Ilint i,; instititictl alter die [affective Date. (5) Material Defects. Seller tilts disclosed to Purchaser any and all known conditions of a material nature wish respect to the Property which may afract the health or safety of any occupant ortho Property, Except as disclosed in writing by Seller to Purchaser, the Properi has no known latent structural defects or construction defects of a triateri at nature., and none of the improvements have been constructed with materials known to be a potential health lumard to occupants antra ftperty. (6) Hazardous Materials. Except as otherwise disclosed in writing by Sellerto Purchaser, the Property (including any improvements) does not contain any liazHrdous Materials (defined below) other than lawful quantities properly stored in containers in compliance with applicable laws. Seller's Initials Purchaser's Initials ' M 1� CCopyright 20054 NTCAR— Form No. 1 (3105) Page 4 Produoed VAth VpForm"' by RE FomuNat, t3.0 1 a[-25 Fi}leen We RoaJ. Clinlon Tgwnsho, IA"an 4 e 035 tMMUJgJXMMM 6. Remedies. If Purchaser discovers, before the Closing, that any of Scllces representations have been misrepresented in a material respect, Purchaser may notify Seller of the misrepresentation in writing, and Seiler shall altempt to oorrect The misrepresentation. if the misrepresentation is nal corrected by Seller before the Closing, Purchaser may: (1) proceed to Closing, without waiving any claim for misrepresentation; or (2) terminate this Contract by delivering a written termination notice to Seller, in which cnsc (lie Famcst Money will be returned to Purchaser. C. Negative Covenants, Alter the [affective Date, Seller shall not, without PuMiRscr'b prior written approval: (1) further encumber the Properly or allow an encumbrance upon the title to the Property, or modify the terms of any existing encumbrance, if the encumbrance would still be in ef'Fect after Closing„ m (2) miler into any lease or contract alfeciing the Property, if the lease or contract would still he in effect after Closing. However, Seller any cater into a lease or contract with nn independent third party, in the ordinary course of business, without Purchascr's conseul, if Purchaser will bu entitled to terminate the lease or contract alter Closing, wiihuut incurring any termination charge, by delivering a termination notice thirty (30) days in advance of the termination date, If Seiler enters into any lease or contract affecting the Property after the Effective Datc, then Seller shall immedialcly deliver photocopy ofthe signed document to Purchaser, N, NONCONFORMANCE. Purchaser has or will independently investigate and verify to Purchaser's satisfaction the extent of any limitations of ust% of the Property. Purchaser acknowiedges that the current use; of the Property or [he improvements Ideated on the Property (or both) may not conform to applicable federal, State or municipal laws, ordinances, codes or regulations. Zoning, permitted uses, height limitations, setback requirements, minimum parking requirements, limitations on coverage of improvements to total area of land. Americans with Disabilities Act requirements, wetlands restrictions and other matters may have a significant economic impact upon the intended use of the Property by Purchaser. However, if Seller is aware of pending zoning changes and/or current nonconforniance with any Federal, State or local laws, ordinances, codes or regulations, Seller shall disclose same to Purchaser. 9. INSPECTION. lCheek only art/ ® A. Inspection Desired. Purchaser desires to inspect the Property and Seller grams to Purchaser the right to inspccl the Property its described in Exhibit "H" attached hereto and trade a part hereof. Q B. Inspection Not Necessary. Purchaseracknowledg;cs that Purchaser has inspected the Property, including all buildings and improvements, and is thoroughly familiar with (heir condition. Purchaser accepts the Property in its present "AS IS" condition. and any changes caused by normal wear and tear before the Closing, but without waiving Purchaser's rights by virtue of saices mpre;cniations expressed in this Contract. 10. CASUALTY LOSS AND CONDEMNATION. A. Damage or destruction. All risk of loss to die Property will remain upon Scticr before the Closing;. If [he Prupent is damaged or destroyed by tier or other casualty to a Material Extern (defined below), then Purchaser may terminate this Contract by delivering a written termination notice to Seller within ten (10) days after the date the casually occurred (and in any event before the Closing), in which case the Earnest Money will be returned to Purchaser. If the Property is damaged by lire or other casually to less Ilion a Material Extant, (he parties shall proceed to the Closing as provided in this Contract. 1f the transaction is to proceed to the Closing, despite an damage or destruction, there will be no reduction In the Purchase Price and Seller shall do one of the fulluwingl: (I� hilly repair the (htmage before (lie Closing, at Sellers expense; (2) give a credit to Purciriiser at (Ire Cloying for the entire cost of repairing ilia Property; or (3) assign to Purchaser all of Sellers right and interest in any insurance proceeds resulting from the damage or destruction, plus give it credit to Purchaser at the Closing in an amouni equal to any deductible or other shortfatl. The term "Material Extent" means damage or destruction where the cost of n4mir exceeds ten percent (to%) of the Purchase Price. i€ the extent of damage or the amount of insurance proceeds to be made available cannot be determined before the Closing Dale, or the repairs cunnot be completed before the Closing Dale, either party may postpone the Closing Dale by delivering n written notice: to (hc other party spceifying an extended Closing Date that is not more than thirty (30) days after [he previously scheduled Closing Date. B. Condemnation. Ifcondemnation proceedings are commenced bet'ore the Closing against any portion of the Property, then Seller shall immediately notify Purchaser in writing of the condemnation proceedings, and Purchaser may terminate this Contract by delivering a written notice to Seller within ten (10) days after Purchaser reccivus the notice (and in any event before the Clos'tng� in which case the Earnest Money will be returned to Purchaser. if this Contract is not terminated, then any cmndenuhalion award will (a) if known on the Closing Date, belong to Sellerand the Purchase Price will be reduced by the same amount, or (b) if not known an the Closing Date, belong to Purchaser and the Purchase Price will not he reduced. Sellor's Initials Purchaser's Initials ncopyr fight 20115 N7' AIt— Dorm No. 1 (3105) Page 5 PrndwAd wrlh 2rpForm1° by RE FormsNel, LLC 10025 Hleeen Mile Road, Clinton Township, #Aichigw 48015 w" rhuturm com 11. ASSIGNMENT. lCheck nnly onel ❑ A. Assignment Permitted. Purchaser may assign this Contract providod the assignee assumes in writing all obligations and liabilities of Purchaser under this Contract, in which event Purchaser will be relieved of any further liability under this Contract. ❑ B, Umiled Assignment Permitted. Purchaser may assign this Contract only to n related party, defined us: (1) an entity in which Purchaser is an owner, partner or corporate officer; (2) an enlily which is mvned or controlled by the saine person or persons that own or control Purchaser; or (3) a member or members of the huniediale fancily of Purchaser, or a In►st in which the beneficiary or beneficiaries is or are a member or members of the immediate ramify of Purchaser. Purchaser will remain liable under this Contract after any nicignmcnt. io C. Assignment Prohibited. Purchaser may not assign this Contract without Seller's prior written consent. 12, CLOSING. A. Closing Dale. The closing of the transaction describcd in this Contract (tftc "Closing") will be held nt the offices of the Title Company at its address stated below, on the date (the "Closing Date") that is the later of thirty days oiler the expiration of the Inspection Period (if any); days alter the Effective Date; or . However, if any objections that were timely made by Purchaser in writing purstutnt to Scotian 6A (Tille Review Period) have not boom cured, then either party may postpone the Closing Date by delivering is written notice to the other party specifying an extended Closing Bate that is not more than thirty (30) days after the previously scheduled Closing Date, S. Seller's Closing OblignIions. At tic Closing, Seller shall deliver to Purchaser, at Sobers expense: (1) A duly executed /check only one] ❑ Gencral Warranty Iced ® Special Warranty Deed (with vendoes lien retained if financing is given by Seller or obtained from a third party) conveying the Property In fee simple according to the legal description prepared by the surveyor as shown on the Survey, subject only to the 1 ciinitted Exceptions; P chaster s An updated Title Commitment committing the underwriter for the Titic Company to issue promptly after the Closing, t S!!ltm expense, the Title Policy pursuant to the Title Commitment, subject only to the Pcrmitted Exceptions, in the full amount of the Purchase Price, dated as of the date of the Closing, raid (at an additional premium cost) lelreck orrlt, one ifapplicahlef ❑ with the survey citoeption modified at Seller's expense to read "any shortages in area," or 0 with the survey exception modified at Purchnser's expense to mad "any shortages in area;" (3) A Bill of Sale conveying the personal property, if any, including but not limited to, any des"ibed on Addcaduni_A, IMPROVED PROPERTY, free and clear of liens, security interests and encumbrances, subject only to the Permitted Exceptions (to the extent applicable); (4) Possession of the Property, subject to valid existing leases disclosed by Seller to Purchaser and other applicable Pennitted Exceptions; (5) An executed assignment of all leases, if there are any leases of acting the Property; (6) A current rent roll certified by Seller to be complete and accurate, if there am any leases affecting the Property; (7) Evidence of Seller's authority and capacity to close this transaction: and (8) Ali other documents reasonably required by the Title Company to close this transaction. 5clicr's Initials Purchaser's Initials 0CopyrlghI 2UU5 NT(, R-- Form No. 1 (3105) Page 6 Produced Wnh ZlpForm" by RE FornrsNe!, LI.0 18025 Fifteen Mlle Road, Clinton Tamstilp. Mschlgsn 48035 w+m,zialuim-Utsti expense: C. !Purchaser's Closing Obligations. At the Closing, Purchaser shall deliver to Seller, at Purchasces (1) The cash portion aflhe Purchase Price (with the Earnest Money being applied to the Purchase Price), (2) The Natc and the peed oFTrust, if Addeudum 04, SELLER FINANCING, is attached; (3) An Assumption Agreement in recordable form agreeing to pay all commissions payable under any lease affecting the Property; (4) Evidence of purchaser's authority and capacity to close this transaction; and (5) All other documents reasonably required by the Title Company to close albs transactinn. 0. Closing Costs. FttU}r Isar+dill;rrr�y-it�3tltiFC�►f-{{1C-Ckf!lin�3-Cas�i-1Vttil�It-Nr4-Cn�ltflmllHly petal-I�y-a seller-vr-ptnchaser-itr-a-trrmsnttion-oHhis-tharaeter in-thi -county-where^the-Property-iHocatcd,or as vtlrc, %vbm -09wed, Purchaser shall pay all closing costs. E. Prot'atlons. Rents, lease commissions, interest, insurance premiums, maintenance expenses, operating expenses, and ad valorem taxes for the year of the Closing will he prorated at the Closing effective as of the date of Ilse Closing. Seller shall give a credit to Pur0inser at the Closing in file aggregate amount of any secririly deposits deposited by tenants under leases affecting the Property. if the Closing occurs Ware the tax rile is fixed for the year of the Closing, the apportionment of She taxes will be upon the basis of the tax rate for the preceding year applied to the latest assessed valuation, but any difference between actual and estimated taxes far the year of the Closing actually paid by Purchaser will be adjusted equitably between the parties upon receipt of a written statement of the actual amount of die taxes. This provision will survive the Closing. F. Rollback Taxe& Willis sale or a change in use of the Property or denial of any special use valuation of the Property would result in the assessment after the Closing of additional taxes and interest applicable to the period of time hefare the Closing ("Rollback Taxes"), then: (1) Purchaser shall pay the Rollback Takes (including any inlorest and penalties) if and when they arc assessed, without receiving any credit from Seiler; unless (2) this box ❑ is checked, in which case Seller shall give a credit to Purchaser at the Closing for the amount of the Rollback Taxes (including interest) that may be assessed after the Closing as reasonably estimated by the Title Company, and Purchaser shall Pay the Rollback Taxes (including any interest and penalties) if and when they are assessed after the rioting_ if Seller gives a credit to Purchaser for the estimated amount of Rolihack Taxes, and the actual Rollback Taxes assessed after the Closing are different from the estimate used at the Closing, then there will be no subsequent Adjustment between Seiler and Purchaser. If any Rollback Taxes are duo before the Closing due to a change in use of the Property by Seller or a denial of any special use valuation of the Property before the Closing, then Seller shall pay those Rollback Taxis (including any interest mid pcnnities) at or before the Closing. G. Loan Assumption, if Purchascr assumes an existing mortgage loan at the C'lusing, Vurchaser shrill pay,- (1) to the tender, any assumption fee charged by the tender; and (2) to Seller, a sum equal to the amount of any reserve Accounts held by the lender for die payment of taxes, insurance and any other expenses applicable to the Proply for which reserve accounts arc hold by (Ito lender. Purchaser shall execute, at the option and expense of Seller, a Deed of Trust to Secure Assumption with a trustee nahne.d by Seller. if consent to the assumption is required by the lender, Seller shall obtain the tender's consent in writing and deliver the consent to Purchuser at Cite Closing. If Seller does not obtain the lender's written consent (if required) and deliver it to Purchaser at or before the Closing, Purchaser may terminate this Contract by delivering a written termination notice to Seller, and the Farnest Money %vial be returned to Purchaser, 11, Foreign Person Notification. If Seller is a Foreign Person, as defined by the Internal Revenue Code, or if Seller fitils to deliver to Purchaser a non -foreign affidavit pursuant to § 1445 of the internal Revenue Code, then Purchaser may withhold from the sales pr(weeds art amount sufficient to comply with applicable tax law and deliver the withheld proceeds to ilia Internal Revenue Service, together with appropriate tax forms. A non-roreign affidavit front Seller must include: (1) a statement that Seller is not a foreign person; (2) the U. S. taxpayer identification number of Seller: and (3) any other information required by § 1445 of the Internal Revenue Code. Seller's initials Pttrellaser's Inilials� aJC.opyright 211t15 N'd'( R— Corm No. I (3N5) Page T r ioduced YAIA ZipFo"n- by RE FivmsNal, LLC 18026 Ween Mile Road, Clinlon Township, Michigan 4 DO35 www zuarprm.com 13. DEFAULT. A. Purchaser's Remedies. IFSeller fails to close this Contract for any reason except Ilur+chasees default or liter termination of this Contract pursuant to a right to terminate stt forth in this Contract, Seller will bo in default and Purchaser may elect to either: (1) enfnrce specific performance of this Contract (force Seller to sell the Property to Purchaser pursuant to this Contract); or (2) terminate Oils Contract by delivering a written notice to Seller. IF Purchaser elects to terminate this Contract due to Seller's default, then Purchaser will he decried to have waived any other remedies available to Pumhaser and the Earnest Money will he returned to Purchaser. The foregoing will be Purchusces .role and exclusive remedies for Selles default unless this box ❑ is checked, in which case Purchaser may sue Seller for damages. tithe lox is checked to allow Purchaser to sue Seller for damages, then Purchaser must elect to pursue either specific performance or a claim for damages at the beginning of any legal action Initiated by Purchaser. 8. Seller's Remedies. if Purchaser fails to close this Contract for any reason excepi SLIlues default or die termination of this Contract pursuanl to a right to terminate set forth in this Contract, Purchaser will be in default and Seller may lenninnie this C'onlract and receive the iiarnest Money as liquidated damages for Purchasees breach of this Contract, thereby releasing Purchaser from this Contract. If Seller terminates this Contract due Io Purchaser's default, then the Earnest Morley will be paid to Seller. The right to receive the Earnest Money will be SCllces sole and exclusive remedy for Purchaset's dcFault unless one of the Following remedies is selected, in which case Seller may sue Purchaser: ❑ to enforce specific performance (forte Purchaser to purchase the Property pursuant to this Contract); or ❑ for damages. If ona ur both ol'the boxes is checked to allow Seller to sue Purdrascr to enforce specific performance or rmr damages, then Seller must elect to either receive the Earnest Money as liquidated damages or pursue ono oFthc othor selected remedies at the beginning of any legal action initiated by Seller, 14. AGENCY DI;SCIASURE. A. Agency Relationships, The term "Brokers" refers to the Principal Broker and tho Cooperating Broker, if applicable, as set forth on the signature page. Each Broker has duties only to the party the Broker represents as identified below. If either Broker is acting as an intermediary, then that Broker will have only the duties of an intermiediary. and the intermediary disclosure and consent provisions apply as set forth bolow. jEuch broker rheek only anel (1) The Principal Broker is: M agent for Seller Only; or ❑ agent for Pun hascr only; or ❑ an intermediary. (2) The Cooperating Broker is: ❑ agent for Seller only; or ❑ agent for Purchaser only; or ❑ an intermediary. B. Other Brokers. Seller and Purchascr ench represent to lire outer Ittat they have had no dealings with any person, firth, agent or finder in connection with the negotiation of this Coultact or the consummation of the purchase and sale contemplated by this Contract, other than the Brokers named in this Contract. and no teal estate broker, agent, attorney, person, firm or entity, other than the Brokers, is entitled to any commission or finders Fee in twillice:tiurl with dhea trnnurctwo us rite result of any dealings or acts of the representing party. Pzch party agrecs to indemnify, defemd, and hold the other party harmless from and against any casts, expenses or liability fur any compensrttiun, commission, rue, ur chtsrgcs that ntay be claimed by any agent, finder or other similnr party, other than llte Brokers, by reason of any dealings or acts of the indemnifying party. C. rice Sharing. Seller and Purchaser agree that the Brokers may share the fee (defined below) among themselves, their sales associates, and any other licensed brokers involved in the sale of the Property. The parties authorize the Title Company to pay the Fee directly to the Principal Broker and, if applicable. the Cooperating Broker, in accordance with Scc 'on I (Professional Service Vce) or any other agreement pertaining to the Fee. Paymcat of the Fec will not alter Site fiduciary relationships between the parties and the Brokcrs. D. Intermediary Relationship. If either of the Brokers has indicated in Section 14A (Agency Relationships) that the Broker is acting as an intermediary in this transaction, then Purchaser and Seller hereby consent to the intennediary relationship, authorize such Broker or Brokers to act as on intermediary in this transaction, and acknowledge that the source or any expected compensation to the Brokers will be: Seller, and the Brokers may also be paid a fee by Purchaser. A real estate broker who sets as an intcnncatiary between parties in a transaction: Scllt'r's Initials Purchaser's Initials VCopyright 201Y5 NT Ali - Fornt No. I (3t05) bake R Produced wish Z431'um'" by RE FormstiNet, LLC 10025 Flacon Mlle Road, Clinton TaMnhlp, Michgan 4BO35 ►vtwr20form caret ( I) may not disclose to the buyer that the seller will accept a price less than the asking price uulesc otherwise instructed in a separate writing by the seller; (2) may not disclose to the seller that the buyer will pay a price greater than the price subraitted in a written offer to the seller unless olbcrwise instructed in a separate writing by the buyer; (3) may not disclose any rontidenlist informal !on or any information a party specifically instructs the real estate broker in writing not to disclose unless otherwise instructed in it separate writing by the respective party or required to disclose such information by the Tetras Real Fstate license Ael or a court order or if the information rrtnteriatly relates to the condition of the property: (4) shall treat all parties to the transaction honestly; and (5) shall comply with the `faxas Real Estate License Act. Broker is authorizcxi to appoint, by providing written notice to die parties, one or more licensees associated with Broker to communicate with and carry out instructions of one party, and one or more other licensees associated with Broker to communicate with and cant' out instructions of the other party or patties. During negotiations, an appointed licensee may provide opinions and advice to the: party to whom the licensee is appointed. 15. PROFESSIONAL SERVICE FEE, A. Payment of Fee. Seller agrees to pay the Brokers a professional service tee (the "Fee") for prouticing the Purchaser and for assuring in the negotiation of this Contract as follows: llic Fee will be eamcd upon tits execution of this Contract and will be paid at the Closing of n sale of the Property by Seller pursuant to this Contract (as may be amended or assigned). The Fee will be paid by Seller to the Brokers in this county in which the Property is located. Seller shall pay any applicable sates taxes on the Fee. The Title Company or other escrow agent is authorized and directed to pay the Fee to the Brokers out of the Closing proceeds. A legal description of the Property, nc set forth in this Contract and any Survey delivered pursuant to this Contract, is incorporated by reference in the agreement pertaining to the Fee set forth or refire aced in this Section. The Fee is earned notwithstanding: (1) any subsequent termination of this Contract (except a terriiinulion by Seller or Purchaser pursuant to a right or tenninalion in this Contract); or (2) any default by Seller. 1r the Closing does riot occur due to Purchaser's default, and Sclier does not elect to enforce specific performance, the Fee will not exceed orte-hnlf of the Earnest Money. If either party defaults under this Contract, thon llte roe will be paid within ten (10) days alter the scheduled Closing Date, out of the Lamest Money or any other escrow deposit made pursuant to this Contract. U. Consent Required. Purchaser, Seller and Title Company agree that the Brokers are third party beneficiaries of This Contract with respect to the Fee, and that no change may be made by Purchaser, Seller or Title Company as to me time orpa}meat, amount of payment or the conditions for payment of the Fee without thu written consent of the Brokers. C. Right to Clnitn a Lien. Pursuant to Chapter fit of the Texas Properly Code, the Brokers hereby disclose their right to claim n lion based on the commission agreemont set forth in this Scction 1 S and any other commission agreements referenced in this Contract or applicable to [lie transaction contemplated by this Contract. This disclosure is hereby incorporated in any such commission agreements. 16. MISCELLANEOUS PROVISIONS. A. Definition of Hazardous Materials. "Halutrrlous Materials" means any pollutants, toxic substances, oils, hazardous wastes, hazardous materials or hazardous substances as dinned In or pursuant to the Comprehensive Environmental Response. Compensation and Liability Act, us amended, the Clean Water Act, as amended, or any other Federal, State or local enviroroncntal law, ordinance, rule, or regulation, whether existing as of the Effeclivo Date or subsequently enacted. Seller's Initials Purchaser's lnttials�� OCopyrlghl 20015 N'i AR— Form No.] (3105) 1,11ge 9 Produced vn:h I*Form'" Ly RE FormsW LLC 180n Fifteen Mile Road, CHnIon TvAvn0ip, Mich'Znrn 40035 myw cjpjz cord! 11. Notices. All notices and other comnnsnicalions required or peimitled under this Contract must be in writing and will be deemed delivered an the earlier of (1) actual receipt, if delivered in person or by courier, with evidence or delivery; (2) receipt of an electronic Facsimile ("frax") transmission with conffnmalion of delivery to the Pax numbers specified in this Contract, if any; or (3) upon deposit with the United States Postal Service, certified mnil, return ruccipi requested, postage prepaid, and properly addressed to the intended recipient tit the address set Ibtth in this Contract. Any party may change: its address for notice purposes by delivering written notice of its new address 10 all other patties in the manner set forth above. Copies of ttil written naices should also be delivered to the Brokers and to the Title Comany, but failure to notify the Brokers or the Tide Company will not cause an otherwise properly delivered notice to be ineffective. C. Termination. if the Contract is terminated for any reason. t11e parties will have no filrther rights or obligations under this Contract, exoept that: (1) Purchaser shall pay the costs to repair any damage to the Propeny caused by Purchaser or Purchaser's agems; (2) Purchascr shall return to Seller any reports or documents delivered to Purchaser by Seller; and (3) each party shall perform any other obligations that, by the explicit provisions of this Contract, expressly survive lice termination of this Contract. The obligations of this Section i0C will survive the termination or this Contract. Tlie terms of any mutual tcnnination agreement will supersede and control over the provisions ofthis Seaton I6C. to the extent of any conflict. A. Forms. in case of a dispute as to the lbmr of any document required under this Contract, the most ment Inner pn:pared by (lie State Rnr of Texas will be used, modified as necessary to conform to the terms of this Contract. E. Attorneys' Pecs. The prevailing party in any proceeding brought to enforce this Contract, or brought relating to the transaction contemplated by this Contract, will be entitled to recover from the non -prevailing parties court costs, reaxonahIc attorneys' fees and all other reasonable related expenses. 1P, Integration. This Contnic:t contains the complete agreement between the parties with respect to the Property and cannot be vaned except by written agreement. The parties agree that there arc no oral agreements, understandings, representations or warranties trade by the panics that are not expressly set forth in this Contract. Any prior writton agreements, undtxstandings, representations or warranties between the parties will bo deemed merged into and supereec;dcd by this Contract, unless it is clear !From the written document that the intent of the parties is I'or the previous written agreement, understanding, representation or warranty to Survive the execution of this Contract. G, Survival. Any representation or covenant contained in this Contract. not otherwise discharged at file Closing will survive the Closing. H. Binding Efrecl. This Contract will inure to the beuefit of, and will be binding upon, Site parties to this Contract and their respective heirs, legal representatives, successors and assigns. I. Time for Perrormance. Time is of the c-swocc under each provision of this Contract. Strict compliance with the finie s for performance is required. J. Business Day. if any date of pertorrnancc under ibis Contract fails on a Saturday, Sunday or Texas legal holiday, such date of peribrmanoe will be deferred to the next day that is not a Saturday, Sunday or Texas Icgnl holiday. K. night of Entry. After reasonable advance notice and during normal business hours, Purchaser. Purchaser's representatives and the Brokers have the right to enter upon the Property bafore the Closing for purposes of viewing, inapccling and conducting studies orthe Property, so long as thoy do not unreasonably interfere with the use of the Property by Seller or any tenants, or cause: damages to the Property. L. Goveruing Law. This Contruct will be construed under and governed by lire laws of the Statc orTexns, and unless otherwise: provided in this Contact, all obligations of the parties created under this Contract are to be perfonned in tho county where the Property is located. M. Severability. if any provision of this Contract is held to be Invalid, illegal, or unenforceable by a court of competent jurisdiction, the invalid, illegal, or unenforceable provision will not affect any other provisions, and this Contract will be construed as if the invalid, illegal, or unenforceable provision is severed and deleted ftin this Contract. N. Broker Diselaimer. The Brokers will disclose to Purchaser any material factual knowledge the Brokers may possess about the condition of the Property. Purchaser understands that a real estate broker is not an expert in matters of_ law, tax, financing, surveying, hazardous materials, engineering, construction, safety, zoning, land Seller's Ini#ials Purchaser's Initials; M'clpyrighI MIS Yr -I/llt- karat No. 1 (3105) Pogo 10 produced with ZFpFonn"' by RE FormsNet. LLC 1 OWS Fifteen Mile Road, Clinton Tcwnshlp, Michiann 4809S wwwziptatm planning, archilecture, or the Americans with Disabilities Act. Purchaser should seek expert assislance on such matters. The Brokers do not investigme a property's compliance with building codes, governmerrial ordinances, statutes and lawn; that relate to the use or condition of the Property or its construction, or that relate to its acquisition. Purchaser is not relying upon any repraicntalions of the Brokers concerning permitted uses of the Property or with respect to any nonconformance of the Protunly. ifthc Brokers provide names of oonsullants or sources lar ndvice or assistance, lire Brokers do not warrant the services of the advisors or their products.' tic Brokers cannot warrant the: suitability ofproperty to be acquired. Purchaser acknowledges that current slid future tedcrai, stale and local laws and regulations may require any Hazardous Motorists to be rrmovcd at the expcnsc of those persons who may have lind or continue to have any interest in the Property. llle expense of such removal may bo Substantial. Purchaser agrees to look solely io exports and professionals selected or approved by Purchaser to advise Purchaser with respect to the condition of the Property and will not hold the Bmkcm responsible for any condition relating to the Property. The Brokers do not warrant that Seller will disclose any or ail property defects or other matters pertaining to the Property or its condition. Seller and Purchaser agree in hold the Brokers harmless f rn any damages, claims, costs and expenses including, but not limited to, reasonable attorneys' fees and court costs, resuiling from or related to any person famishing any raise, incorrect or inaccurate information with respect to the Property. Seller's concealing any material inrnrnintion wills respect to die condition of [lie Property, or mallem lital xhmild he amilyzed by experts. To the extent prermitted by applicable law, the Brokers' liability for errors or omissions, negligence. or otherwise, is limited to the return of the Pvc, if any, paid to the responsibic Broker pursuant to this Contract, The parties agree that they are not relying upon any oral statements that the Brokers may have made. Purchaser Is relying solely upon Purchaser's own investigations and the representations of Sellcr, if any, and Purchaser acknowledges that the Brokers have not made any warranty or representation with respect to the condition of the Property or otherwise. O. Counterparts, ibis Contract may be executed in a nurnbcr of identical counterparts. Each counterpart is decined an original and all counterparts will, collectively, constitute one agreement. P. Patriot Act Representation. Seller and Purchaser each represent to the other that: (1) its property interests are not blocked by Executive: Order No. 13224, 66 Fed. Reg. 49079; (2) it is not a person listed on The Specially Designated Nationals and Blocked Persons list of the Office of Foreign Awls Control orthe United States Department orihc Treasury; and (3) it is tint acting for or on behalf of any person on that list. 17. STATUTORY NOTICES. A. Abstract or Tille Policy. At the time of the execution of this Contract, Purchaser acknowledges that the Brokers have advised and hereby advise Purchaser, by this writing, that Purchaser should have the abstract covering the Property examined by an attorney or Purchaser's own selection or that Purchaser should be Ibmishcd with or obtain a policy oftitic insuranec. B, Notice Regarding Unimproved Property Located in a Certificated Service Area. if the Property is unimproved and is located in a certificated service area of a utility savicc, then Seller shall give to Purchaser a written notice in compliance with §13.257 of the Texas Water Code, and Purchaser agrees to acknowledge receipt of the notice in writing. The notice must set forth the correct name of utility service provider authorized by law to provide water or sewer service to the Property, and roust comply with all other applicable requirements of the Texas Water Code. C. Special Assessinout Districts, if the Property is situated within a utility district or flood control district subject to fife provisions ul"§49.452 orate Texas Water Code, tht:n Seller shall give to Pueulinser the inquired written notice and Purchaser agrees to acknowledge receipt of the notice in writing. The notice must sat forth the current tax rate, the cuTncnl bonded indebtedness tuid (lie authodyted indebtedness of the district, and roust comply wlth all other applicable requirements of the Texas Water Code. D. Properly Owners' Assorkalkon. if the Property is subject to mandatory membership in a property owners' lissuciation. Seller shall notify Purchaser of the current annual budget of the property owners' association, and the current authorized fees, dues and/or assessments relating to the Pmperty. In addition, Seller shall Rive to Purchaser the written notice required tinder §5.012 of the Texas Property Code, if applicable, anti Pumhsscr agrees to acknowledge receipt or the notice in writing. Also, Seller shalt give to Purchaser the resale certificate required under C'hupeter 207 of the Texas Property Code, if applicable, and Purctimier agrees to acknowledge rei;eipt of the resale certificate in writing. E. Notice Regarding Possible Annexation, lr the Property that is the subject or this Conintat is located outside the limits of a municipality, the Property may now or later be Included in the extraterritorinl jurisdiction or Seller's Initials QF� Purchaser's Initials m A ► apyright 20M.-NIICAR— Form No. t (3/05) Page I I Produced Vwal bpFam'" by RE ForMIN01, LLG 19M Firrsfn lolls Roved, Conlon Ttn uthip, Mk.hlann 46035 1WM ziarorrtt rc,m The municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and extraterritorial jurisdiction. To determine if lite Property is located within it municipality'u extraterritorial jurisdiction or is likely to be located wilhin a municipality's axtraterritorial jurisdiction, W111110 all municipalities located in the general proximity of the property for further information. r. Notice Regarding Coastal Area Property. If thu Property adjoins or shays u conrnurn butlndary with the lidally influenced submcrped lands of the state, then Setter shall give to Purc:hascr it written notice regarding coastal area property, in compliance with §33.135 of the Texas Natural Resources Code, and Purchaser agrees to acknowledge receipt of the notice in writing, G. Gulf Intracoastal WAtetwAy Notice. It' the property is located seaward of the Gulf Inhslcoastill Waterway, then Seller shall give to Purchaser a written notice regarding the seaward location of the Property, in compliance with §61.025 of the Texas [Natural Resources Code, and Purchaser agrees (o naknowledge receipt of the notice is writing. It. Notice for Property Located loan Agricultural Development District. If tho Pruporty is located in an agricultural development district, then In accordance with §60.063 or the Texas Agricultural Code: (1) Seller shall give to Purchaser a written notice that the Property is located in such a district; (2) Purchaser agrees to acknowledge rucelpt of ilia notice in writing; mid (3) at the Closing, a separate copy or tltc notice with current information about the district will be executed by Seller and Purchaser ward recorded in the deed records of the county in which the Pntperty is located. 18. DISPUTE'. RKSOLUTION. A. Mediation. If any dispute (the "Dispute") arises between any of the parties to dais Contract including, but not limiled to, payment of site Fee, then any party (including any Broker) may givc written notice to the other parties requiring ail involved parties to attempt to resolve the Dispute by mediation. Except in those circumstances i►hcrc a party reasonably believes that an applicable statute of timitatims period is about to expire, ore party requires injunctivc or equitable relief, the parties arc obligated to use this mediation procedure before initiating-glaivativf► 4W any other action, Within seven (7) days after receipt of the mediation notice, each party must deliver a written designation to all other parties stating the names of one or more individuals with authority to resolve the Dispute on such party's behalf. Within fourteen (H) days alter receipt of the mediation notice, the parties shall make a good Faith effort to select a qualified mediator to mcdiatc tlic Dispute. irthe parties are unabic to timely agree Maori n rnulually acceptable mediator, any party may request any state or federal judge to appoint a mediator. In consultation with the mediator, the parties shall promptly designate a mutually convenient time and place for the mediation lluit is no later than thirty (30) days after the data (lie mediator is selected. In the mediation, each party must tie represented by persons with authority and discretion to negotiate a resolution of the Dispute, and may be represented by counsel. The niediation will be governed by applicable provisions of Chapter 154 of Use Texas Civil Practice and Remedies Code, and such other rules as the mediator may prescribe. The fees and expenses of the mediator will ho shared equally by all parties included in the Dispute. the Brokers) shall submit the Dispute to binding arbitration before a single arbitrator. The Dis cc dcd by arbiwaiion Ill accordance with the applicable arbitration statute and any ruic i � A y the arbitrutot. After till unsuccesstid mediation, any party may initiate the arbitration y clivering a written notice ofdemand for arbitration to the other parties. Within feu ays after the receipt of the avrittcn naticc of dcniand far arbitration, the parties shall with effort to select a qualified arbitrator atceptable to all parties. If the parties are ur a upon the selection of an arbitrator, uteri any patty may request any stoic or federal judge to Ira. CONSULT AN ATTORNEY. This Contract is a legally binding agreement. The Brokers cannot give legal advice. The parties to this Contract acknowledge that they have been advised to have this Contract reviewed by legal cminsel 1wfore -tinning thin Contract, t ulk aac..r %V-*-, F1A% l & Purchaser's [".. i,.r.,.T,SO. )oo Sauces attorney is: r,:ar:-%sw attorney is: Seller's Initials Purchaser's Initials,MW_ rDC'opyright 2001i Ev CAH — Form No. t (3/111115) Page 12 Piodwad velar DpFormr" by RE ForrnsNet, LLC 10025 Filteen Man Road, Clinton Township, Micl>tann 40D35 20. EXHIBITS AND ADDENDA. All pxhibils and Addenda attached to this Contract are incorporated herein by reference and made a part of this Contract for all purposes ]check all !lull apply]: ® EX19blL "A" i.Cual F)MOption ❑ ® Exhibit "B" Inspection/Peasibilitp❑ and other provisions 0 Addendum A Improved Property Addendum 11-1 Third Purty Financing Addendum 11-2 Sellcr Pinatncing Addendum 11-3 Existing Lunn Addr.-ndutn C Gtypcdion Addendum D Disclosure: Notice Addendum is Lead Based Paint Addendum F Additional Provisions 21. CONTRACT AS OFFEP.'I he eiecution of thin; Contract by [tic first party tco do so constitutes an ofli r to purchase or sell the Property. If the other party does not accept that offer by signing this Contract and delivering a fully executed copy to the first party within days aHer the date this Contract is executed by the first party, Ihctt the first party may withdraw that offer by delivering a written notice to the other party at any time before the otf►er party accepts that offer, in which case: ilia Earnest Manny, if tiny, will be ;Vturnc4 to Purchaser. 22. ADDITIONAL PROVISIONS. /Additional protplsions natty be set forth helow or on any alloched deldcndrrnr/. See Exhibit "B" attached hereto and trade a part hereof for all purposes. See Exhibit "C" attached hereto and made a part hereof for all purposes. See Exhibit "D" attached hereto and made a part hereof for all purposes. Seller's initials i'areflaser's loitiuts 'Mopyright 20t15 iL'li AR -form No. 1(3105%) Pioduatd% to Z1*~1 by RE FnrmsHM, LLC tBD25 Fldaan We Reerl, Oftan Tamulsip, Affe an 4W35 tipppW2MOjm,w Page 13 EXECtrVED to be effective as ot'the E ffeetive Date. SELLER:jo Hampton Rattan By: (Signature ,06) WPofw-, Name: J Title: By: (Signatttrc) Name: Tide: 'fax I.D. No: Date of Execution. �1..J PURCHASER: City of Anna By: (Signature) Name: Ryan ndersotl Interim City Mar±&er -- By. (Signaturc) Name: Title: Tax I.D. No: Date of Execution: PRINCIPAL BROKER: AM Scott Real Estate, COOPERATING BROKER; N/A Inc. By:(Signature) Name:--- _Thad Helsley `iitte: President Address: 1650 W. Virginia, Suite 102 McKinney, 75069 'Telephone: 972-977-5389 By: (Signaturc) .__.....` Name: Title: Address: Teleplune: Fax: Fax: Einail: _ thad@arnsrealestate net Email: TREC License No.: TREC License No.: OCopyrigh! 2005 NTCAR — Form No. t (3105) Pate 14 PsaducedwtthZipFartn' by RE FormsNet LLC 18025 Fifteen We Road. CWWn Tuwnahip, MOVan 48035 tffa is121wM M TITLE COMPANY RECEIPT: The Title Company acknowledgos rcccipt of this Contract mi (the affective date) and, upon receipt of the Lamest Money, accepts the Earnest Motley subject to the temis and conditions set forth in this Contmul. TITLE COMPANY: Reunion Title Company By; (S'Ignaturc) Name: Loretta Bodd •1'111c: Escrow Officer Address; 1700 RedbA Suite 300 McKinney, Texas 75069 1 elephone: 214-544-4000 Fax: Email: ibodd @reuniontitle.00m PE+RMIZION 70 Ing. 77rts fam) t% prrviderl for we by members of Ilya North 7',ralr C'omunrrclal Assorintinn of RcvilioryB, Itre. (" Arlr'AR'/ nett awniben nfdie Narrh 7ercu ramarerrial Assark on of Real Estate Prossiomb, Inc, Permicslon Is given to make lrmltstl rwpies of the reenter venlon uj tlrls fumy Jor use In a prrtrculur 7isas txnl evare maractlair. Please ranuxt 11w N77:'AR mire to m1flror vom are ruing the nvrottt servant of 110 form. Aftu prodsolon, or repnxhoetrwr fim resale. Is mW allmve<l rvfrhoul erpre-u permissiotr. Any rhnryger ro !late fonn now be nuldu Ina Warmer !heel Lr tihvluar, (fatty u-mvivare deleted, they nual be kR in dfe from mill+a line draum duuux)i dtun, Seller's Initials Purclhnser's initials � sMC:opyrlght 2005 N 'AR — Form No. 1 (3105) Pnge 15 Produced wad ZIPPorm^" by RE FormsNel. LLC 18025 C7aeen We Road, Clinton Town ft. WkJhIgen 48035 www rtotorm gom � | n UAW_--�___ EXHIBIT "B" In the event that any term or condition contained within this Exhibit "B" shall be in conflict with any terms or conditions within the main body of the Contract then the terms and conditions within Exhibit "B" shall apply and control over those in the Contract. 1. Feasibility/Inspection Period: Seller agrees that Purchaser, its agents, contractors and/or employees, shall have a period of thirty (30) days after the date of execution hereof, to enter upon the Property for purpose of conducting the inspections and tests deemed necessary by Purchaser including but not limited to inspections of the property and all improvements. Said inspections shall be for the purpose of determining the environmental condition and the economical feasibility of the property. Purchaser shall also during the inspection period make application to permit the subject property in a manner acceptable to the Purchaser for Purchaser's intended use. However, the receipt of needed permits by the Purchaser shall not be a contingency to this contract. In the event that the Purchaser shall determine in its sole judgment that the property is not environmentally or economically sound, Purchaser shall have the right to terminate this Contract by written notice to Seller, postmarked on or before the expiration of the said thirty (30) day period, and in the event of such termination, and upon the return of the earnest money deposit, neither party shall have any further obligation one to the other. Seller shall retain the one hundred and no/100 dollar ($100.00) option fee, as described herein, as consideration. 2. The subject property shall be used by the Purchaser for the development and construction of the Hurricane Creek Waste Water Treatment Plant and no other. The access to the treatment plant shall be restricted to Waste Water and City Personnel only and shall not allow for public access for any reason such as recycling or other public uses that would create traffic, parking or other related issues. In the event that the use of the property as a waste water treatment plant is at anytime in the future terminated then the Purchaser and/or its assigns may only use the site for open space or park purposes. Any future park on the subject property shall be designed to coordinate with park and open space developed on the Seller's remaining property and shall be applied to any parkland dedication requirement duties created by the City of Anna's zoning or subdivision ordinances 3. The Purchaser and/or its Assigns shall maintain the site and operation of the waste water treatment plant in a clean, safe and odor free condition at all times. Odor associated with the operation of the plant shall not be allowed to permeate beyond the boundaries of the subject property. Should odor at anytime begin to leave the site then the City of Anna shall, within 60 days, take all steps available to curtail odor from leaving the site regardless of costs. 4. Purchaser shall maintain a 50 foot buffer, within the subject property, along the entire north boundary and east boundary of the subject property. The existing trees within the 50 foot buffer shall remain as they exist prior to closing and this required buffer shall survive the closing. 5. Purchaser shall enclose the entire waste water treatment facilities within a security fence. Purchaser shall immediately repair all existing cattle fencing that is damaged during the inspection, feasibility, construction and operation of the waste water treatment plant and the associated outfall and collection mains assuring that the Seller's cattle are always secure. Purchaser shall not be responsible for damage or failure of the existing cattle fencing due to old age, weather, or private activities occurring on the seller's remaining property. This obligation shall survive the closing. 6. In addition to the conveyance of the subject 28.096 acres to the Purchaser the Seller shall also execute and dedicate the "Permanent Sanitary Sewer Easement" attached hereto (Exhibit "D") and the 100 foot Outfall Line Easement as shown on Exhibit "A". 7. Purchaser shall construct a 15" sanitary sewer main from the Hurricane Creek Sewer facility to the north line of the subject property, in a fashion allowing the Seller to connect to said main, for the purpose of providing sanitary sewer collection and adequate capacity for the future full development of the Seller's remaining property. The location of the termination of the 15" sewer main shall be determined by the Seller. The Seller shall also be provided with access to and the ability to connect to the sewer main to be located and constructed within the Permanent Sanitary Sewer Easement attached hereto. 8. Concurrent with the construction of the wastewater treatment facility, the Purchaser shall construct and install a re -use water main, connection and pump station from the waste water treatment plant to the north line of the subject 28.096 acre property in a location to be approved by the Seller. Said re -use water main shall provide, at no charge, to Seller the ability to connect to and reuse effluent discharge from the waste water treatment facility through a re -use water system to be used on Homeowner's Association Lots, City and Homeowner Association designated park land and open space areas, along City and Homeowner's Association trails, and within Public Rights -of -Way for irrigation, to maintain pond features and other appropriate uses within the development of the Seller's remaining property which will be developed by the Seller and/or Seller's Assigns in the future. The re -use water main and pumping system will be sized and located in a location to be determined by Seller and Seller's master plan, subject to review and approval by the City of Anna during the development process. If the Seller desires to provide effluent to private properties outside of the stated uses above, a separate agreement between the Seller and the City of Anna will be required. The right to the effluent water by the Seller as described herein shall be assignable by the Seller to future owners of all or part of the Seller's remaining property. Seller shall have the right, but not the duty, to accept or use the effluent and failure by Seller to utilize the effluent shall not be deemed a waiver of its right to the effluent in the future. 9. The Seller is selling the subject property As -Is and Where -Is and with all faults. Seller makes no warranties or representations as to the condition, usability, environmental condition or any other condition of the subject property. Purchaser shall rely solely on its own studies, test and inspections to determine all aspects as to the condition of the subject property. Additionally, Exhibit "C", "As Is Sale" is attached hereto and made a part hereof for all purposes, the terms of Exhibit "C" shall survive the closing. 10. Purchaser will provide, at no cost to Seller, and execute the necessary easement(s) for water drainage/storm water runoff from Seller's remaining property onto and across the subject 28.096 acre tract. Said easements shall be of a size and location necessary to properly convey stormwater from existing drainage areas on the Seller's remaining property to their natural termination points south of the subject 28.096-acre tract in accordance with State Law and the most recently adopted City of Anna and Collin County drainage design standards. 11. If the final date of any period falls upon a Saturday, Sunday or legal holiday under the laws of the State of Texas (when the offices of the Title Company are closed), then in such event the time of such period shall be extended to the next day which is not a Saturday, Sunday or legal holiday under the laws of the State of Texas. The term "date of this Contract" as used herein shall mean the last day, month and year written on the signature page hereof which shall be the date of final execution and agreement by all parties hereto. 12. All parties involved herein, including the buyer, seller, title company and any agents, employees and/or contractors of the same that will have knowledge of the terms of this contract hereby agree not to disclose any of the said terms and conditions to any other party or entity at any time before, during or after the closing of the Contract of Sale, except as required by law. 13. By its execution of this Agreement, the City does not waive or surrender any of its respective governmental powers, immunities, or rights except as provided in this section. The Parties acknowledge that the City waives its sovereign immunity as to suit solely for the purpose of adjudicating a claim under this Agreement. Purchaser: -- _. :w 4:I I: W AS IS SALE THE SPECIAL WARRANTY DEED EXECUTED AT CLOSING SMALL CONTAIN THE FOLLOWING -AS IS" PROVIS10N. SELLER AND PURCHASER AGREE THAT PURCHASER IS TAKING THE PROPERYY IAS-IS" WITH ANY AND ALL LATENT AID PATENT DEFECTS AND THAT THERE IS:IVO WARRANTY BY SELLER THAT THE PROPERTY IS WA PARTICULAR PIIRP= PURCHASER A-KNOW110GES THAT IT !S NOT RElYIN(3 UPON TI IEACCURACY OR COMPLETENESS OFANY REPRESENTATION, BIi000-, REI+LpER1N PROM SE,STAERASSERTIQN OR INFORMATION WITH RESPECT- TOTHE PROPERTY MADE OA FURNISHED BY OR QN BEHALF pP, OR V NERWISP ATTRIBUTED TQ,,$ELLER OR.ANY.OF SELLER'S AGENTS, EMPLOM19OR REPRES�t'CATiVW-ANV AND AIL SUCH RRllANCt: BE1fR6.HEREBY EXPRESSLY AND U{VEQUIVOGALLY 'DISCLAIMED, BUT.IS IiLLY1NG SOLELYAND•EXCLLISIVELY UPON ITS01N�i EXPERIENCE AND RS IAIDEPENDTcI�ITIUpGMSNT, EVALUATION AND WAMINA(IONOFTHE,P.ROPERTY. PURCHASIrRf4pHERUNEQiI1VOCALLY DISCLAIMS(l) THE DWENCE OF ANY DUTY TO DISCLOSE ON THE PART QF;SELLER OR ANY OF SELLER'S AGENTS, EMPLOYV4 OR REPROENTATIVE$`ANQ (11).AW ttELIFIWCR.BY PURCHASER ON THE REPRESENTATIONS AND WARRANTIES SET FOKM IN THIS CONiIMrtn OR THE SILENCE OR THE SILENCE ORANY-ALLEGED NONDISCLOSURE.OFSELL`Eit.OR ANY OFSELLEWSAGEN.7%. EMPLOYEES OR, REPRESENTATIVES. PURCHASER TAKES THE PROPERTY UNDER THE EXPRESS UNOERS7'ANDINaTHATTHEREAREN0EXPRE$SOttIMPLIEDWARRANTIE$(EfXC , FOR LIMITED WARRANTIt� OP TITLE SET FORTH HAVE. INtT DOCIdMEN% PURCHASER EXPRESSLY WARRANTS AND REPRESENTS THAT NO PROMISE OR A61%EEMENT WHICH IS NOT HEREIN EXPRESSO HAS.BEEN MADl; TD ITAND HEREBY DUtAIVISANY..RELIANCE'UPX3NANY SUCH ALLEGED: PROMISR OR AGRREMENT.7 COA11 RACY CON51'IiUYES THE >Rdi IRE AGREEMENT BETWEEN THE PARTIES:. THIS PROVISION WAS FREOLY.NEQOTIATEDAND,PLAYED AN IMPORTANT PART IN THE -BARGAINING PROCESS FOR TH15 CONTRACT, PURCHASER HAS AGREED TO DISCLAIM RELIANCEON SRL,LRit. ANDTO ACCEPT TMEPRAP.IRCTY "AS -I. WITH HILL AWARENESS THATT119 PROPERTY'S PRIOR USES.OR ORNER MATTERS COULD.AFFECTITS CONOIT'ION, VALUE, SUITABILnY OIEFrrNESS1 AND PI IUA.S.ER {'ANFIRMSTHAT PURCHASER IS KOO ASSUMING ALL.RISKA5SCOATEDTHEREWITH, PURCHA ARIlIOVERSCANDSTHATTHE QISCI,AIMERS OF RELIANCE AE1I14THER P40VISlt3NSCOlffAINFD HEREIN CpULD UMITANY LEGAL RECOURSE OR REMEDY PURCHASER 04'HERWI0 MIGNT HAVES PURCHAMR ACKNOWI :EDGES THAT IT HAS SOUGHT ACID HAS .RELIED UPON THE ADVICE OF ITS OWN LEGAL COUNSEL COHCERIVINIaTHIS PROVISION. PROVI510NS:©P THLS PARAGRAPH SNAIL. SUKV VE CLOSING AND SHAD. NOT MERGE. Exhibit "" W" "Permanent Sanitary:SewerEasement" (to be executed by Seller at closing) PERMANENT SANITARY SEWER EASEh+IENT KNOW ALL MEN BY THESE PRESENTS, that _John, Hompipn itisttab, (ftereinafter e$Iled "Garlto►"), in consideration of one'dolW ($160) and other good and valuable conB*deratian paid ,by the City of Anna, Texas, (herainaRer called "Grantw''), the roceipt apd sttiiiaiency of which is fioreby acknowledged, do hereby grant bargeln, sell, transfer; sit . convey to said Qianbee, its ouaceasorg, and assigns, a per ual otlseinant with :the right to ei+ect, install, construct, and lay and the eafter : u,%. opeiatPy ps . repair, m�littta tr, replace, and remove santtitry eyvgr lines, appurtenances 10.-and tiu�ough (iranto s' lead;. a tract of laral for p�ranent Sanitary Sewer Easement R046ot :width; and Im' ; — t- -d over: and ..aervss '4 : ip the H T, Chenowed, Survey, Abstfaiu'158 Co111n.County, Texas, a+balled 106,439 sate tmct;conye�r. to j. Hampton. Rattan by deed 'recorded •in Instrument Number 19Sb0829a.007420A0 of she Died xeurds 9f Collinogiity, Taxes (D.R C C:T,)together with the right of ingress and eg�roPs over rantots' ad,{acent lends for the purpose .far rhtceywhich the a ove M0000A. re 1aHi foot sanitity sewer easementbeing Atone. particularly descrrbed'tn Easement Exhilltt "A�' attached hereto and made aW intog al part of this casement; There is also hereby granted a temporary+ construction _ easement �i0 feet in width helgg more ;particularly deseribW In Casement Ekh bit '"A gitach0 . horeto find trade an. igtegral part of this easement, for the purpose of cotuoting a sanitary sever lirie;and +r►ppurCet>sttrz$s, the term :of which 'Oempoiary. construction easement to end when ovnshuction of same is completed but not later .then cne.ynaf t tha of .gxecuttop. of this document, as ack eoWledged:betow. The +consideration recited herein shall st Cute payment,in full for .all ,tlaRna ssustainBd by Gratdor'by mason of the'insta 4 on of the "otures .�+e 1, to . Im add the Grent� wits Maintain such eas Pent in a state. of goad repair and eiiictency thatno ugtspaible damages will t�esult fmmAgreement together with -otr pro '1 100 of this $nWt;a It c ttstltt4ta a covailarit kutyI with the Sand i'or the benefit of the "qiw ee, its successor$, and ass�giis, : `1ita.(3rantors;ooVenant that they are the oyuners of the shove described lands and that'sr<!d lands ar+e fr+eo_and blear oiall eitcupbr$rtccs andliens except the following: IN WITNESS WHEREOF the said Grantor(s) haslhave executed this ifistrument this day of , 2022. John Hampton Rattan By: Print Name: ACKNOWI.MMLNT STATE.OF TEXAS COUNTY OF COLLIN BEFORE MB, the undwrsigncc t a Notary Public.in and for said County and SAO% Qn this day porsonslly appeared knows to Cris to be the person (s) whose Marie is (are) subscribed to the forgoing instrument; and acknowledged to we that he.(sl*) (t by) exeeutgd theaarne for the purposes and considerattori tlter+eh.expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE. d. y of , 2022. (Seal) Notary Public, State of Texas John Hampton Ration tDlM0019 EXI;iIBIT "A" FIRLp. NOTE :DASCRiP' ON. PERK_ lA1�NT:SAMTA,RY UWER BASEMENT dTY # ANNA TRXAS Parcel No 13 CI& of;tnno Being a tract of land for. Permanent Sanitary:5awer Easement 404o9t width and being.9nder, over and across Tract 4 in the H.T. Chonowdiksurvey, Alsstrao 0 SO, Collin'Cquatyt Texas; a called MASS SS acre tract conveyed to dobn Hampton Rattan bydced rBgord6 In itistrumerttTipnrber;194608Z90Q0742t140 ofthe Dead Raaor& of Collin County, Texns i(D RC C.T.), said 40-foot wide Parmanent Sanitary Sewar B$sament being more.partioularly described as follows, BEOINNINO tit it point for corer, said 106.488-4M Rfi tan tract and l Abstract.1 S8, Collin'Cnrinty Texp recorded in 4ustrurnent Number 20: distance of 3.184.16 %et ftin a It, east -west gravel road), on the,nord Collin County, Taxes, a ratted .40.i instrument Number 2 0102130002 Bastain Oliver Survey,: Abatreat'61 it -being on an established fence line, on the north property litre of rh6 south property lino of Twat 3 in tho H.T: Chenoweth Survey, 101:aft tract conveyed to MJLA Adams, M. by deed I0462S70 Ott' D RC C T., said point bearing N Z8"33'S f �' W,'s n rod found pn the center liiv of County Road Z66 {ai! nstsblish xi arty corneibf TM014 in il;e Britain Oliver: Survey, Abstrnot 677, 1ctconveyed to R&DAycock, LM byAped worded in if the A.M. CT., the northwest properly cornerof Tract 3 in the C4anty, Texas, s c0lled 62AD acre'tract conveyed -to Pansy Family Limited Partnership by dead recotd04n Instrument Number 199, 10 08291 0 of the D.Et,C,C;T., and the south property line of Tract 2 in the Basteln `Oliver Survey, Abstrnct 677. Collin County, Texas, a called. S6.00 acre tract conveyed to John Rattan,9t Estate; of Dow Bt Sue Rattan c/o John Rattan by deed recorded in lnsti ument Number 2009091500i.15303b of tlte�D R.MT, said point also Wng$17°1834" W, a distance of 1,076.97 feet f mtn a I/2 itch iron rod found on an easterly Interiorpraperty corner pf Tract 19 In the H.T. Chenoweth Survey. AbsUact 1;58, Gallia Cwnq►, Texas, a called 104.311 acre traet conveyed to Twin Rivers Fstates, L1.C:by.d d recorded in Instrument . 006er200136229000243tithe D.R.C.C.T., and the southwest property corner of Treat 2 fn tits H.T ' dtenpwcth.Survey, Ab¢tr$gt 158,.001tin County,. Texas, a called 2! 6.9E acretract conveyed oo VerlO Sue Holland &,Maurine Dickey try deed recorded in Instrument Number 19PS0216*110690 of the D1LQQT4 THBNCg, S 50°06'34" W, depathttg the common pra . y line of so id. acre Rattan tract and said 101 acre MJLA tract, a distance of 19,12;feet wi a point Oir comer, THENCE, S 7201 V53" W, a distance of 496.03 feet to a paint for corner; THENCE, S 2204712" W. a distanco*001.73 %et to a point for corner; THENCE, S 510OW02" F. a dtM.ace ef915.75;feet.to a paint for comer. THENCE, S V1001A1" E, a distance of 405!96 feet to a point far comer, THENCE, S 0 t°S l'13 ° E. a distance of 200.01 feet to a point for cornea, THENCE, S 44005'40" E, a distance of 168.19 hat to a point for oorner, said point being on ap established ibnce line, on the south propeit V� a ofeald 106A86 aci+e Rattan tract and the north Property..ilne of said 56.00 acre Rattan tract: e oaaaa to�s�+rlafatomoa�trsrt�i►re r me oa so creuamaen.aoe Page 1 Of s John Hu4n/11nu Knllulr f'ur(vl Nei VI 0I12612010 t:fty 1,/ rtrurre EXHma "A" 'ITIENCE, N 8943249" W, along said fence line and Said counnon pmpurty Hite, it distmnce at'56.13 feet to n Print for corner; CHI:NCC, N Aq°QS'40" W, depaili tg said l'eltce lime anti common propcttiy line, n ditrtnnee of 144.25 feel to a lloittt roe corner I'l IENCE, N AI°S 1't3" W,11 Jis;1%muu c%r207.27 flact Ion point I'orcorner Tl IUNCI:, N 25"00'21 " W, it distuneu of 388.5U veal io it point ttlr corner I I II NC E. N 51"06'02" W, a dista:tee ul'92G,15 feet to a point for corner Tl IMCK, N 22"47'32" F, it distnnae ol'348.50 Net to a point for corner Ti-I1:NM: N 7r 10'53" I-., a dislance of 9G7.28 feet to it (mint for corner, said point being on staid I'cnc1: line on raid conlrlton property lime orsaid 106AX8 act•e Rultnn Imet and v11id Itll acre MJLA tract; H IMCB, S 87*04'49" 1:, along said tamev line anti said common property line, it distlrttco ol'64A3 fvot to the 110INT O lWGINNING, said 0-root Permanent Sanitary Surer Easctnenl containing 2.450 act'cs (I1)(1.73H bgi►are reeo of land, murc or less. Also a 40-lbot vide lemporary conslrttction easement being hnniedialely adjacent to ttnd parallel with the easterly ie s of tltc nhove described Pernttanent Sanitary Sewer I:nscmcnl rntd cownining 2.763 acre~ (120.3 7} square feet} ol'land, nulre or 41.'%s, LN—uh;*-. I. Ilenrings and distances cited in rltix licid flote dcscriptiolt are based on VIC T xas Stnlc Planc C'oordinnte Sy-olcou, NAD-93 Texns Norih Central Zone 4202. 2, field lanvuy conelndud ott 12/27/201 H. 3, An 11ascnlent Plat o1 cvou date herowilll aceorllittttics this Field Note Uescripllaii. Gary C. HeWricks, I°Y— I4.11.I3. Y."•' t Texas Registration No. 5073 ���tF I7 liirkhovf, i•lcndricics & Ctotcr, ....:,,,,,,,,,,,,,,,•,,..,,;,.,, Tl3Pi.S t�irm No. 100319,00 GAltlf CLINTON Itf!lnntt' . ............................... I I910 Grecitviile Avu.. Suite 600 ti �';�,y 5073 Dallas, Texas 752,13 Page 1 ?10 II �C, frt,�A...aL'�I>ft�t llrnic end 5'Li im A4"amMs! PbUT 1W0001D1914 ICd 11 JM r� W o �w „ I J W Q Z u INV. Er n M ' 'rj - a V) x �=LL ¢ z�P° M: u -: 1 oLU Z ¢ CL 1 o s as f 4Z�O tfl�:. -� P. a a Ui W CS� 1` �ri`r �y dy �Q4Sus=st d.07� lo pto to l y - 4i sk � a in ca tu lL w V i^ MMl M OZpI 'l�fftt _ , 84l 'L56Y ���4� ��rjj i _ GZ(3CSt1GGPitGOEDpL •Off 'ISill -- •b low (vo ir GY 9S Otd (41, '15BY Z WYK)twava h f1WUW 311S $ 110Q GPI ^r b� ID 31VIS3 V WJI%tl ffHOP p D"P'C! lnlod 0101OWMtA0461d i-Im" y vvn-9W!3 G—owsYY1911)i �+'++n�ivorv�71 IlLlSfpdiflM 01 Ct L }03SWtl y Fi'r tArnerkan ,* Title Guaranty Cornpany itment For Title Insurance T-7 ISSUED BY m m itment rst American Title Guaranty Com THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR NAME AND THE POLICY AMOUNT ARE SHOWN IN SCHEDULE A, AND OUR AUTHORIZED REPRESENTATIVE HAS COUNTERSIGNED BELOW. We FIRST AMERICAN TITLE GUARANTY COMPANY will issue our title insurance policy or policies (the Policy) to You (the proposed insured) upon payment of the premium and other charges due, and compliance with the requirements in Schedule C. Our Policy will be in the form approved by the Texas Department of Insurance at the date of issuance, and will insure your interest in the land described in Schedule A. The estimated premium for our Policy and applicable endorsements is shown on Schedule D. There may be additional charges such as recording fees, and expedited delivery expenses. This Commitment ends ninety (90) days from the effective date, unless the Policy is issued sooner, or failure to issue the Policy is our fault. Our liability and obligations to you are under the express terms of this Commitment and end when this Commitment expires. First American Title Guaranty Company I Sally French Tyler. President By its issuing agent, Reunion Title Fi0rFrAl ' of 0 of Authorized Signatory Loretta Boddy, Escrow Officer ��7 Lisa VJ. Cornehl. Secretary ININNI 1700 Redbud Boulevard, Suite 300 McKinney, TX 75069 (214)544-4090 (214)544-4040 Form 5025348 (1-3-14) Page 1 of 13 T-7: Commitment for Title Insurance (Rev. 1-3-14) TEXAS TITLE INSURANCE INFORMATION Title insurance insures you against loss resulting from certain El seguro de titulo le asegura en relacii n a perdidas resultantes risks to your title. de ciertos riesgos que pueden afectar el titulo de su propiedad. The commitment for Title Insurance is the title insurance El Compromiso para Seguro de Titulo es la promesa de la company's promise to issue the title insurance policy. The compania aseguradora de titulos de emitir la poliza de seguro commitment is a legal document. You should review it carefully de titulo. El Compromiso es un documento legal. Usted debe to completely understand it before your closing date. leerlo cuidadosamente y enterderlo completamente antes de la fecha para finalizar su transaccii n. Your Commitment for Title Insurance is a legal contract between you and us. The Commitment is not an opinion or report of your title. It is a contract to issue you a policy subject to the Commitment's terms and requirements. Before issuing a Commitment for Title Insurance (the Commitment) or a Title Insurance Policy (the Policy), the Title Insurance Company (the Company) determines whether the title is insurable. This determination has already been made. Part of that determination involves the Company's decision to insure the title except for certain risks that will not be covered by the Policy. Some of these risks are listed in Schedule B of the attached Commitment as Exceptions. Other risks are stated in the Policy as Exclusions. These risks will not be covered by the Policy. The Policy is not an abstract of title nor does a Company have an obligation to determine the ownership of any mineral interest. - MINERALS AND MINERAL RIGHTS may not be covered by the Policy. The Company may be unwilling to insure title unless there is an exclusion or an exception as to Minerals and Mineral Rights in the Policy. Optional endorsements insuring certain risks involving minerals, and the use of improvements (excluding lawns, shrubbery and trees) and permanent buildings may be available for purchase. If the title insurer issues the title policy with an exclusion or exception to the minerals and mineral rights, neither this Policy, nor the optional endorsements, ensure that the purchaser has title to the mineral rights related to the surface estate. Another part of the determination involves whether the promise to insure is conditioned upon certain requirements being met. Schedule C of the Commitment lists these requirements that must be satisfied or the Company will refuse to cover them. You may want to discuss any matters shown in Schedules B and C of the Commitment with an attorney. These matters will affect your title and your use of the land. When your Policy is issued, the coverage will be limited by the Policy's Exceptions, Exclusions and Conditions, defined below. EXCEPTIONS are title risks that a Policy generally covers but does not cover in a particular instance. Exceptions are shown on Schedule B or discussed in Schedule C of the Commitment. They can also be added if you do not comply with the Conditions section of the Commitment. When the Policy is issued, all Exceptions will be on Schedule B of the Policy. EXCLUSIONS are title risks that a Policy generally does not cover. Exclusions are contained in the Policy but not shown or discussed in the Commitment. CONDITIONS are additional provisions that qualify or limit your coverage. Conditions include your responsibilities and those of the Company. They are contained in the Policy but not shown or discussed in the Commitment. The Policy Conditions are not the same as the Commitment Conditions. You can get a copy of the policy form approved by the Texas Department of Insurance by calling the Title Insurance Company at 1-888-632-1642 or by calling the title insurance agent that issued the Commitment. The Texas Department of Insurance may revise the policy form from time to time. You can also get a brochure that explains the policy from the Texas Department of Insurance by calling 1-800-252-3439. Before the Policy is issued, you may request changes in the policy. Some of the changes to consider are: Request amendment of the "area and boundary" exception (Schedule B, paragraph 2). To get this amendment, you must furnish a survey and comply with other requirements of the Company. On the Owner's Policy, you must pay an additional premium for the amendment. If the survey is acceptable to the Company and if the Company's other requirements are met, your Policy will insure you against loss because of discrepancies or conflicts in boundary lines, encroachments or protrusions, or overlapping of improvements. The Company may then decide not to insure against specific boundary or survey problems by making special exceptions in the Policy. Whether or not you request amendment of the "area and boundary" exception, you should determine whether you want to purchase and review a survey if a survey is not being provided to you. Allow the Company to add an exception to "rights of parties in possession." If you refuse this exception, the Company or the title insurance agent may inspect the property. The Company may except to and not insure you against the rights of specific persons, such as renters, adverse owners or easement holders who occupy the land. The Company may charge you for the inspection. If you want to make your own inspection, you must sign a Waiver of Inspection form and allow the Company to add this exception to your Policy. The entire premium for a Policy must be paid when the Policy is issued. You will not owe any additional premiums unless you want to increase your coverage at a later date and the Company agrees to add an Increased Value Endorsement. Cde] ►1010Is] ► PEAL [03zl 01111 A_1% 0Is] ► P 1. If you have actual knowledge of any matter which may affect the title or mortgage covered by this Commitment, that is not shown in Schedule B, you must notify us in writing. If you do not notify us in writing, our liability to you is ended or reduced to the extent that your failure to notify us affects our liability. If you do notify us, or we learn of such matter, we may amend Schedule B, but we will not be relieved of liability already incurred. 2. Our liability is only to you, and others who are included in the definition of Insured in the Policy to be issued. Our liability is only for actual loss incurred in your reliance on this Commitment to comply with its requirements or to acquire the interest in the land. Our liability is limited to the amount shown in Schedule A of this Commitment and will be subject to the following terms of the Policy: Insuring Provisions, Conditions and Stipulations, and Exclusions. Form 5025348 (1-3-14) Page 2 of 13 T-7: Commitment for Title Insurance (Rev. 1-3-14) Commitment For Title Insurance (T-7) •,} ,Y Title Guaranty Company ISSUED BY Schedule A First American Title Guaranty Company Effective Date: April 21, 2023 at 8:00 a.m. Commitment No. 2018-377525-RU, issued May 03, 2023, at 8:00 a.m. 1. The policy or policies to be issued are: (a) OWNER'S POLICY OF TITLE INSURANCE (Form T-1) (Not applicable for improved one -to -four family residential real estate) Policy Amount: $2,600,000.00 PROPOSED INSURED: City of Anna (b) TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSURANCE ONE -TO -FOUR FAMILY RESIDENCES (Form T-1R) Policy Amount: $ PROPOSEDINSURED: (c) LOAN POLICY OF TITLE INSURANCE (Form T-2) Policy Amount: $ PROPOSEDINSURED: Proposed Borrower: GF No. 2018-377525-RU (d) TEXAS SHORT FORM RESIDENTIAL LOAN POLICY OF TITLE INSURANCE (Form T-2R) Policy Amount $ PROPOSEDINSURED: Proposed Borrower: (e) LOAN TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-13) Binder Amount: $ PROPOSEDINSURED: Proposed Borrower: (f) OTHER Policy Amount: $ PROPOSEDINSURED: 2. The interest in the land covered by this Commitment is: FEE SIMPLE 3. Record title to the land on the Effective Date appears to be vested in: JOHN HAMPTON RATTAN, as to an undivided Ninety Percent (90%) interest JOHN HAMPTON RATTAN as TRUSTEE of THE RATTAN FAMILY TRUST dated December 11, 2000 as to and undivided Ten Percent (10%) interest Form 5025348 (1-3-14) Page 3 of 13 T-7: Commitment for Title Insurance (Rev. 1-3-14) By virtue of Deed filed 09/2/1933, recorded in Volume 291, Page 276, Real Property Records, Collin County, Texas. By virtue of Gift Deed filed 11/09/2007, recorded in cc# 20071109001525370, Real Property Records, Collin County, Texas. (10%) Affidavit of Heirship filed 09/15/2009, recorded in cc# 20090915001153010, cc# 20090915001153020, cc# 20090915001153000, filed 12/22/2009, cc# 20091222001525240, cc# 20091222001525250, cc# 20091222001525260, Real Property Records, Collin County, Texas. Probate Estate Cause No. 2010-0396 of SUE EVELYN RATTAN, deceased dated 12/14/2007, Declaration of Heirship JOHN HAMPTON RATTAN sole heir 4. Legal description of land: See Exhibit "A" attached hereto and made a part hereof. Form 5025348 (1-3-14) Page 4 of 13 T-7: Commitment for Title Insurance (Rev. 1-3-14) EXHIBIT "A" Being a tract of land, situated in the Bastian Olivo Survey, Abstract No. 677, in Collin County, Texas and being a part of that called 56 acre tract and that called 147.48 acre tract, described by deed to John Rattan, as recorded under Document No. 20090915001153020, of the Official Public Records, Collin County, Texas (O.P.R.C.C.T.), said tract being more particularly described, as follows: BEGINNING at a 1/2" iron rod found in the southerly line of said 56 acre tract, same being the most northerly northwest corner of a called 275.697 acre tract of land, described by deed to S F Collin County, LLC, as recorded under Document No. 20190212000148160, O.P.R.C.C.T., same being the northeasterly corner of a called 40 acre tract of land, described by deed to R&D Aycock, Ltd., as recorded in Volume 5105, Page 2819, of the Deed Records, Collin County, Texas (D.R.C.C.T.), said corner also being in County Road No. 286, from which a 1" iron pipe found bears, South 01053'27" West, a distance of 943.18'; THENCE North 89148'12" West, along the common line between said 40 acre and 56 acre tracts, same being along said County Road No. 286, a distance of 82.67' to a 1/2" iron rod with a yellow plastic cap stamped "RPLS 5686" set (herein after referred to as a capped iron rod set) for the southwesterly corner of the herein described tract; THENCE North 00010'04" East, over and across said 56 acre tract, a distance of 925.76' to a capped iron rod set for the northwesterly corner of the herein described tract, same being in the northerly line of said 56 acre tract, said corner also being in the southerly line of Tract 4 (called 35 acres), as described by deed to John Hampton Rattan, as recorded under County Clerk's File No. 96-0074204, D.R.C.C.T., said capped iron rod set being in an existing barbed wire fence line, from which a fence post found bears, North 89010'30" West, a distance of 861.01'; THENCE South 89010'30" East, along said existing fence line, same being the southerly line of said Tract 4, same being along the northerly line of said 56 acre tract, a distance of 808.92' to a fence post found for an angle point; THENCE South 88121'15" East, continuing along said existing fence line, same being the southerly line of said Tract 4, same being along the northerly line of said 56 acre and 147.48 acre tracts, a distance of 517.28' to a capped iron rod set for the northeasterly corner of the herein described tract, from which a fence post found bears, South 88021'15" East, a distance of 828.26'; THENCE South 00010'45" West, along the easterly line of the herein described tract, same being over and across said 147.48 acre tract, a distance of 916.60' to a capped iron rod set in County Road No. 286, same being the southerly line of said 147.48 acre tract, said corner also being in the northerly line of the aforementioned 275.697 acre tract, from which a 1/2" iron rod found bears, South 89112'49" East, a distance of 1267.03'; THENCE North 89012'49" West, along the northerly line of said 275.697 acre tract, same being the southerly line of said 147.48 acre and 56 acre tracts, and also along said County Road No. 286, a distance of 1243.19' to the POINT OF BEGINNING and containing 1,223,849 square feet or 28.096 acres of land, more or less. Note: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes and does not override Item 2 of Schedule B hereof. Form 5025348 (1-3-14) Page 5 of 13 T-7: Commitment for Title Insurance (Rev. 1-3-14) y Firsf Arneriean Title Guaranty Company Commitment For Title Insurance T-7 ISSUED BY CH EDU LE 6 G.F. No. or File No. 2018-377S2S-RU First American Title Guaranty Company EXCEPTIONS FROM COVERAGE In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorney's fees, and expenses resulting from: 1. The following restrictive covenants of record itemized below (We must either insert specific recording data or delete this exception): Item 1 of Schedule B is hereby deleted in its entirety. 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. 3. Homestead or community property or survivorship rights, if any, of any spouse of any insured. (Applies to the Owner's Policy only.) 4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or other entities, to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or c. to filled -in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or easement along and across that area. (Applies to the Owner's Policy only.) Standby fees, taxes and assessments by any taxing authority for the year 2023, and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year. (If Texas Short Form Residential Loan Policy of Title Insurance (T-2R) is issued, that policy will substitute "which become due and payable subsequent to Date of Policy" in lieu of "for the year 2023 and subsequent years.") The terms and conditions of the documents creating your interest in the land. Materials furnished or labor performed in connection with planned construction before signing and delivering the lien document described in Schedule A, if the land is part of the homestead of the owner. (Applies to the Loan Title Policy Binder on Interim Construction Loan only, and may be deleted if satisfactory evidence is furnished to us before a binder is issued.) Form 5025348 (1-3-14) Page 6 of 13 T-7: Commitment for Title Insurance (Rev. 1-3-14) Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured mortgage. (Applies to Loan Policy (T-2) only.) 9. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form Residential Loan Policy of Title Insurance (T-2R). (Applies to Texas Short Form Residential Loan Policy of Title Insurance (T-2R) only). Separate exceptions 1 through 8 of this Schedule B do not apply to the Texas Short Form Residential Loan Policy of Title Insurance (T-2R). 10. The following matters and all terms of the documents creating or offering evidence of the matters (We must insert matters or delete this exception): a. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges, and immunities relating thereto, appearing in the Public Records whether listed in Schedule B or not. There may be leases, grants, exceptions or reservations of mineral interest that are not listed. b. This item has been intentionally deleted. C. This item has been intentionally deleted. d. Rights of parties in possession and rights of tenants under any unrecorded leases or rental agreements. (May be amended or deleted upon execution of satisfactory affidavit with respect to parties in possession and tenants at closing.) e. Mineral lease together with all rights, privileges and immunities incident thereto, to The Pure Oil Company from Sue Evelyn Rattan described in instrument filed 08/25/1944, recorded in Volume 351, Page 288, Real Property Records, Collin County, Texas. Company makes no representation as to the present ownership of any such interests. Mineral lease together with all rights, privileges and immunities incident thereto, to Sun Oil Company from Sue Evelyn Rattan described in instrument filed 02/21/1966, recorded in Volume 669, Page 1, Real Property Records, Collin County, Texas. Company makes no representation as to the present ownership of any such interests. g. Terms, provisions, conditions, and easement contained in Easement Agreement by and between Sue Evelyn Rattan and Joe H. Warren, Jr. Trustee, filed 07/26/1979, recorded in Volume 1185, Page 754, Real Property Records, Collin County, Texas. h. Easement granted by John A. Rattan to Grayson Collin Electric Cooperative, filed 07/18/2003, recorded in Volume 5462, Page 6266, Real Property Records, Collin County, Texas. Easement granted by John Hampton Rattan, Rattan Properties, LTD, Estate of Dow Rattan,Estate of Sue Rattan to City of Anna, filed 02/11/2009, recorded in cc# 2009021100127630, Real Property Records, Collin County, Texas. Form 5025348 (1-3-14) Page 7 of 13 T-7: Commitment for Title Insurance (Rev. 1-3-14) ��, I Commitment For Title Insurance T-7 Ank r, Title Guaranty Company ISSUED BY CHEDU LE C First American Title Guaranty Company G.F. No. or File No. 2018-377525-RU Your Policy will not cover loss, costs, attorney's fees, and expenses resulting from the following requirements that will appear as Exceptions in Schedule B of the Policy, unless you dispose of these matters to our satisfaction, before the date the Policy is issued: Documents creating your title or interest must be approved by us and must be signed, notarized and filed for record. Satisfactory evidence must be provided that: - no person occupying the land claims any interest in that land against the persons named in paragraph 3 of Schedule A, - all standby fees, taxes, assessments and charges against the property have been paid, - all improvements or repairs to the property are completed and accepted by the owner, and that all contractors, sub -contractors, laborers, and suppliers have been fully paid, and that no mechanic's, laborer's or materialmen's liens have attached to the property, - there is legal right of access to and from the land, - (on a Loan Policy only) restrictions have not been and will not be violated that affect the validity and priority of the insured mortgage. You must pay the seller or borrower the agreed amount for your property or interest. 4. Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is filed after the effective date of this Commitment. 5. With respect to item 2 of Schedule C above, the Company will not except in any policies to be issued pursuant to this commitment to 'Lack of a right of access to and from the land'. 6. Require Affidavit as to Debts and Liens and Parties in Possession executed by owner at or prior to closing. In accordance with Section 11.008 of the Texas Property Code, all deeds and deeds of trust transferring an interest in real property to or from an individual and disclosing that individual's social security number or driver's license number must include the following notice on the top of the first page of the instrument in 12 point bold or uppercase font: 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. 8. Additional exceptions and/or requirements may be added when Company is advised of the exact nature and details of the subject transaction. Require satisfactory evidence of authority to act on behalf of record owner. Form 5025348 (1-3-14) Page 8 of 13 T-7: Commitment for Title Insurance (Rev. 1-3-14) 10. Company requires a copy of The Rattan Family Trust dated 12/11/2000 Trust and all amendments thereto, or the statutory certification of trust in order to determine the authority to act on its behalf and to determine that said trust is still in existence. 11. Ascertain marital and homestead status of record owner(s) from date of acquisition. If homestead, or community property require joinder of spouse. 12. This item has been intentionally deleted. Form 5025348 (1-3-14) Page 9 of 13 T-7: Commitment for Title Insurance (Rev. 1-3-14) Commitment For Title Insurance T-7 , - First Arnerican .,* ! Title Guaranty COMPany ISSUED BY >CH EDU LE D First American Title Guaranty Company NO: GF-Number: 2018-377525-RU Pursuant to the requirements of Procedural Rule P-21 promulgated by the Commissioner of Insurance: Shareholders owning, controlling or holding, either directly or indirectly, 10% or more of the shares of First American Title Guaranty Company and all individuals partnerships, corporations, trusts or other entities owning ten percent (10%) or more of First American Title Guaranty Company as of the last day of the year preceding the date hereinabove set forth are as follows: First American Title Insurance Company, a Nebraska Corporation - 100%, a wholly owned subsidiary of First American Corporation, a public company. DIRECTORS of First American Title Insurance Company: Kenneth D. DeGiorgio, Christopher M. Leavell, Greg L. Smith, Mark E. Seaton, Ellen C. Albrecht OFFICERS of First American Title Insurance Company: President, Chief Executive Officer: Kenneth D. DeGiorgio; Chief Financial Officer: Mark E. Seaton; Executive Vice President, Vice Chairman: Kurt P. Pfotenhauer; Executive Vice President: Curt A. Caspersen; Executive Vice President: Sally French Tyler; Executive Vice President: George S. Livermore; Executive Vice President: Evan M. Zanic; Senior Vice President, Secretary: Greg L. Smith TITLE INSURANCE AGENCY: New Reunion Title LLC d/b/a Reunion Title (Dallas, TX) Shareholder, owner, partner or other person having, owning or controlling ten percent (1%) or more of the Title Insurance Title Agent: First American Financial Corporation 100% Shareholder, owner, partner or other person having, owning or controlling ten percent (10%) or more of an entity that has, owns or controls one percent (1%) or more Title Insurance Agent: NONE If the Title Insurance Agent is a corporation the following is a list of the members of the Board of Directors: If the Title Insurance Agent is a corporation, the following is a list of its officers: Chris Leavell, Manager; David Kramer, President and On -Site Manager; Bo Feagin, Senior Vice President; Peter Graf, Vice President and General Counsel; Kim Sargent, Vice President; Chase Evans, Vice President; Lisa Murray, Vice President and Chief Financial Officer; Mark Roden, Vice President You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this Commitment relates. Upon your request, such disclosure will be made to you. Additionally, the name of any person, firm, or corporation receiving a portion of the premium form the settlement of this transaction will be disclosed on the closing or settlement statement. You are further advised that the estimated title premium * is: Owner's Policy $ 12,503.00 Loan Policy $ Endorsement Charges $ 1,875.45 Other $ Total $ 14,378.45 Of this total amount:$ or 15.000 % will be paid to the policy issuing Title Insurance Company; $ or 20.000 % will be retained by the issuing Title Insurance Agent; and the remainder of the estimated premium will be paid to other parties as follows: Amount To Whom For Services $ (or%) 65.000 Abernathy, Roeder, Boyd & of Agents total Hullett, PC $ (or%) $0.00 (or% *The estimated premium is based upon information furnished to us as of the date of this Commitment for Title Insurance. Final determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by the Commissioner of Insurance. Form 5025348 (1-3-14) Page 10 of 13 T-7: Commitment for Title Insurance (Rev. 1-3-14) IN1101 FIRST AMERICAN TITLE GUARANTY COMPANY Commitment for Title Insurance Form (T-7) DELETION OF ARBITRATION PROVISION (Not applicable to the Texas Residential Owner's Policy) ARBITRATION is a common form of alternative dispute resolution. It can be a quicker and cheaper means to settle a dispute with your Title Insurance Company. However, if you agree to arbitrate, you give up your right to take the Title Company to court and your rights to discovery of evidence may be limited in the arbitration process. In addition, you cannot usually appeal an arbitrator's award. Your policy contains an arbitration provision (shown below). It allows you or the Company to require arbitration if the amount of insurance is $2,000,000 or less. If you want to retain your right to sue the Company in case of a dispute over a claim, you must request deletion of the arbitration provision before the policy is issued. You can do this by signing this form and returning it to the Company at or before the closing of your real estate transaction or by writing to the Company. The arbitration provision in the Policy is as follows: "Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured, unless the Insured is an individual person (as distinguished from an Entity). All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction." SIGNATURE DATE Form 5025348 (1-3-14) Page 11 of 13 T-7: Commitment for Title Insurance (Rev. 1-3-14) TITLE Reunion Title A M E R r C, PRIVACY STATEMENT imtAmehcan Title Effective: October 1, 2019 Notice Last Updated: January 19, 2023 This Privacy Notice describes how First American Financial Corporation, Reunion Title and their subsidiaries and affiliates (together referred to as "Reunion," "we," "us," or `bur' collect, use, store, and share your information. This Privacy Notice applies to information we receive from you offline only, as well as from third parties, when you interact with us and/or use and access our services and products ("Products'). For more information about our privacy practices, including our online practices, please visit https://reuniontitle.com/r)rivacv.htmi. This Policy applies to information we collect from or about you: (1) when you access or use our mobile applications ("Applications"), websites ("Websites") or products and/or services ("Products"); (2) when you communicate with us in any manner. including by email. telephone, and/or in person: and (3) from third party sources. Acknowledgement Please read this Policy carefully. The practices described herein are subject to the laws in the places in which we operate. BY ACCESSING AND/OR USING OUR APPLICATIONS, WEBSITES, AND/OR PRODUCTS, OR BY COMMUNICATING WITH US IN ANY MANNER, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THIS POLICY. What Type Of Information Do We Collect About You? We collect a variety of categories of information about you. To learn more about the categories of information we collect, please visit https://reuniontitle.com/privacy.html. How Do We Collect Your Information? We collect your information: (1) directly from you; (2) automatically when you interact with us; and (3) from third parties, including business parties and affiliates, to learn more, please visit https://reuniontitle.com/privacy.html. How Do We Use Your Information? We may use your information in a variety of ways, including but not limited to providing the services you have requested, fulfilling your transactions, comply with relevant laws and our policies, and handling a claim. To learn more about how we may use your information, please visit https://www.reuniontitle.com/privacy.htmi. How Do We Share Your Information? We do not sell your personal information. We only share your information, including to subsidiaries, affiliates, and to unaffiliated third parties: (1) with your consent; (2) in a business transfer; (3) to service providers; and (4) for legal process and protection. To learn more about how we share your information, please visit https://www.reuniontitle.com/privag;y.html. How Do We Store and Protect Your Information? The security of your information is important to us. Although no system can guarantee the complete security of your information, we take all commercially reasonable steps to insure your information is protected in alignment with all applicable laws and regulations, as appropriate to the sensitivity of your information, to learn more, please visit https://www.reuniontitle.com/privacy.htmi. How Long Do We Keep Your Information? We keep your information for as long as necessary in accordance with the purpose for which it was collected, our business needs, and our legal and regulatory obligations. If we dispose of your information, we will do so in a way that is secure and appropriate to the nature of the information subject to disposal, to learn more, please visit https://www.reuniontitle.com/privacy.htmi Your Choices We provide you the ability to exercise certain controls and choices regarding our collection, use, storage, and sharing of your information. You can learn more about your choices by visiting httos://www.reuniontitle.com/privacy.htmi. International Jurisdictions: Our Products are offered in the United States of America (US), and are subject to US federal, state, and local law. If you are accessing the Products from another country, please be advised that you may be transferring your information to us in the US, and you consent to that transfer and use of your information in accordance with this Privacy Notice. You also agree to abide by the applicable laws of applicable US federal, state, and local laws concerning your use of the Products, and your agreements with us. We may change this Privacy Notice from time to time. Any and all changes to this Privacy Notice will be reflected on this page, and where appropriate provided in person or by another electronic method. YOUR CONTINUED USE, ACCESS, OR INTERACTION WITH OUR PRODUCTS OR YOUR CONTINUED COMMUNICATIONS WITH US AFTER THIS NOTICE HAS BEEN PROVIDED TO YOU WILL REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THIS PRIVACY NOTICE. For California Residents If you are a California resident, you may have certain rights under California law, including but not limited to the California Consumer Privacy Act of 2018 ("CCPA'. All phrases used in this section shall have the same meaning as those phrases are used under California law, including the CCPA, to learn more, please visit httos://www.reuniontitle.com/privacv.htmi. Right to Know. You have a right to request that we disclose the following information to you: (1) the categories of personal information we have collected about or from you; (2) the categories of sources from which the personal information was collected; (3) the business or commercial purpose for such collection and/or disclosure; (4) the categories of third parties with whom we have shared your personal information; and (5) the specific pieces of your personal information we have collected. To submit a verified request for this information, you may email us at datiptool@Reuniontrde.com ool@a Reuniontitle.com or call Peter Graf at 1-214-855-8888. You may also designate an authorized agent to submit a request on your behalf by emailing ditt@gtgReuniontitle.corn or by calling Peter Graf at 1-214-855-8888. Right of Deletion. You also have a right to request that we delete the personal information we have collected from and about you. This right is subject to certain exceptions available under the CCPA and other applicable law. To submit a verified request for deletion, you may email us at dataprivacyOReuniantitle.com or call Peter Graf at 1-214-855-8888. You may also designate an authorized agent to submit a request on your behalf by emailing dataprivacyCa Reuniontitle.oxn or by calling Peter Graf at 1-214-855-8888. Verification Process. For either a request to know or delete, we will verify your identity before responding to your request. To verify your identity, we will generally match the identifying information provided in your request with the information we have on file about you. Depending on the sensitivity of the information requested, we may also utilize more stringent verification methods to verify your identity, including but not limited to requesting additional information from you and/or requiring you to sign a declaration under penalty of perjury. Notice of Sale. We do not sell California resident information, nor have we sold California resident information in the past 12 months. We have no actual knowledge of selling the information of minors under the age of 16. Right of Non -Discrimination. You have a right to exercise your rights under California law, including under the CCPA, without suffering discrimination. Accordingly, Reunion will not discriminate against you in any way if you choose to exercise your rights under the CCPA, to learn more, please visit httos://www.reuniontitle.com/privacy.htmi. Notice of Collection. To learn more about the categories of personal information we have collected about California residents over the last 12 months, please see "What Information Do We Collect About You" in https://www.reuniontitle.com/i)rivacy.htmi. To learn about the sources from which we have collected that information, the business and commercial purpose for its collection, and the categories of third parties with whom we have shared that information, please see "How Do We Collect Your Information", "How Do We Use Your Information", and "How Do We Share Your Information" in httos://www.reuniontitle.com/Drivacv.htmi. Notice of Sale. We have not sold the personal information of California residents in the past 12 months. Notice of Disclosure. To learn more about the categories of personal information we may have disclosed about California residents in the past 12 months, please see "How Do We Use Your Information" and "How Do We Share Your Information" in httos://www.reuniontitle.com/privacy.htmi. Form 5025348 (1-3-14) Page 12 of 13 T-7: Commitment for Title Insurance (Rev. 1-3-14) Important Notice Firsf Amery"rare r{ Title Guaranty Company ISSUED BY First American Title Guaranty Company IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja: You may call First American Title Guaranty Company's Usted puede Ilamar al numero de telefono gratis First toll -free telephone number for information or to make a American Title Guaranty Company's para informacion o complaint at: para someter una queja al: 1-888-632-1642 1-888-632-1642 You may also write to First American Title Guaranty Usted tambien puede escribir a First American Title Company at: Guaranty Company: 1 First American Way 1 First American Way Santa Ana, California 92707 Santa Ana, California 92707 You may contact the Texas Department of Insurance to Puede comunicarse con el Departamento de Seguros de obtain information on companies, coverages, rights or Texas para obtener informacion acerca de companias, complaints at: coberturas, derechos o quejas al: 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Insurance: Puede escribir al Departamento de Seguros de Texas: P.O. Box 149104 P.O. Box 149104 Austin, TX 78714-9104 Austin, TX 78714-9104 Fax: (512) 475-1771 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: DISPUTES SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your premium or Si tiene una disputa concerniente a su prima o a un about a claim you should contact First American Title reclamo, debe comunicarse con el First American Title Guaranty Company first. If the dispute is not resolved, you Guaranty Company primero. Si no se resuelve la disputa, may contact the Texas Department of Insurance. puede entonces comunicarse con el departamento (TDI). ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: This notice is for information only and does not become a Este aviso es solo para proposito de informacion y no se part or condition of the attached document. convierte en parte o condicion del documento adjunto. Form 58-TXNOTICE (9-1-14) Page 1 of 1 Mandatory Complaint Notice (11-1-09) Texas Form 5025348 (1-3-14) Page 13 of 13 T-7: Commitment for Title Insurance (Rev. 1-3-14) TITLE FIRST AMERICAN TITLE GUARANTY COMPANY Commitment for Title Insurance Form (T-7) DELETION OF ARBITRATION PROVISION (Not applicable to the Texas Residential Owner's Policy) ARBITRATION is a common form of alternative dispute resolution. It can be a quicker and cheaper means to settle a dispute with your Title Insurance Company, However, if you agree to arbitrate, you give up your right to take the Tide Company to court and your rights to discovery of evidence may be limited in the arbitration process. In addition, you cannot usually appeal an arbitrator's award. Your policy contains an arbitration provision (shown below). It allows you or the Company to require arbitration if the amount of insurance its $2,000,000 or less. If you want to retain your right to sue the Company in case of a dispute over a claim, you must request deletion of the arbitration provision before the policy is issued. You can do this by signing this form and returning it to the Company at or before the closing of your real estate transaction or by writing to the Company. The arbitration provision in the Policy is as follows: "Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules'. Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured, unless the Insured is an individual person (as distinguished from an Entity). All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction." City of Anna, Texas By: an Henderson, Interim City Manager PAGE 1 OF 2 FEE $85.58 UPDATE TAX CERTIFICATE REMIT CERT FEE TO: PNC BANK C/O DATA TRACE (TEXAS DATA TRACE I PASADENA TECH CENTER P.O BOX 31001-2283 I LOCKBOX #912283 465 N HALSTEAD ST # 160 PASADENA, CA 91110-2283 PASADENA- CA 91107 CUST: REUNION TITLE BRANCH: ORDER: 2018-377525 CLOSER: ORDER TYPE: T-1 SUBTYPE: 1 DATE: 02/09/2023 CAD ACCOUNT NUMBER SUMMARY R667700000201 SUMMARY OF ALL ACCOUNT(S) SUMMARY OF CURRENT YEAR SUMMARY OF ALL TAXES DUE TAX YEAR BASE TAX DUE 02/2023 DUE 03/2023 COLLIN COUNTY 2022 6.23 0.00 0.00 COLLIN COUNTY COMMUNITY C 2022 3.32 0.00 0.00 ISD - ANNA 2022 58.99 0.00 0.00 TOTAL TAX 68.54 0.00 0.00 ********** COMMENTS ********** CAUTION ********** READ BEFORE CLOSING ********** CAD# R667700000201 - ACCOUNT MAYBE SUBJECT TO AG ROLLBACK FOR 2022 AND PRIOR YEARS COMMENT REPORT BASED ON CAD NUMBER PROVIDED BY THE CUSTOMER. CAD# R667700000201 DESC ABS A0677 BASTAIN OLIVER SURVEY, TRACT 2, 56.0 ACRES ABST/SUB ID A067 (ACREAGE 56.000 SITUS COUNTY 286 RD MAIL C/O JOHN RATTAN 700 N MCDONALD ST MCKINNEY TX 75069-2138 ASSESSED OWNER(S) RATTAN JOHN & ESTATE OF DOW & SUE RATTAN CLASS CODE D1 - QUALIFIED OPEN -SPACE AG LAND AG VALUATION APPLIES - THIS PROPERTY MAY BE SUBJECT TO AG ROLLBACK TAXES FOR 2022 AND PRIOR ASSESSED AS LAND ONLY GCN JCN SAN TR3/PRSA DEED 2009 1153020 2022 ASSESSED VALUES LAND 728,000 IMPROVEMENT 0 MARKET VALUE 728,000 DEFERRED VALUE 723,912 SPECIAL VALUE 4,088 TOTAL TAX RATE 1.6765630 TOTAL EST TAXES W/O EXEMPT 12205.38 TAX ENTITY INFORMATION COLLIN COUNTY PAYMENTS AS OF 02/07/2023 P O BOX 8046 MCKINNEY TX 75070 22 TAX RATE 0.1524430 PHONE 972-547-5020 W/O EXEMPT 1,109.79 EXEMPTIONS NONE TS 2-9-23 YR 22 SUBTOTAL BASE TAX BASE DUE DUE 02/2023 DUE 03/2023 6.23 0.00 *** PAID 01/18/23 *** 6.23 0.00 0.00 0.00 PAGE 2 OF 2 TAX CERTIFICATE REMIT CERT FEE TO: PNC BANK C/O DATA TRACE (TEXAS DATA TRACE PASADENA TECH CENTER P.O BOX 31001-2283 LOCKBOX #912283 465 N HALSTEAD ST # 160 PASADENA, CA 91110-2283 PASADENA— CA 91107 CUST: REUNION TITLE BRANCH: ORDER: 2018-377525 CLOSER: ORDER TYPE: T-1 SUBTYPE: 1 DATE: 02/09/2023 COLLIN COUNTY COMMUNITY COLLEGE PAYMENTS AS OF 02/07/2023 COLLECTED BY COLLIN CO 22 TAX RATE 0.0812200 PHONE 972-547-5020 W/O EXEMPT 591.28 EXEMPTIONS NONE YR BASE TAX BASE DUE DUE 02/2023 DUE 03/2023 22 3.32 0.00 *** PAID 01/18/23 *** TS 2-9-23 SUBTOTAL 3.32 0.00 0.00 0.00 ISD - ANNA PAYMENTS AS OF 02/07/2023 COLLECTED BY COLLIN CO 22 TAX RATE 1.4429000 PHONE 972-547-5020 EXEMPTIONS NONE YR 22 TS 2-9-23 SUBTOTAL W/O EXEMPT 10,504.31 BASE TAX BASE DUE DUE 02/2023 DUE 03/2023 58.99 0.00 *** PAID 01/18/23 *** 58.99 0.00 0.00 0.00 CONDITIONS, DISCLAIMERS AND EXCLUSIONS This Tax Certificate/Tax Order Report does not constitute a report on or certification of: (1) mineral (productive and/or non -productive) taxes or leases; (2) personal property taxes; or (3) other non ad valorem taxes (such as paving liens, stand-by charges or maintenance assessments). Data Trace Information Services LLC ("Data Trace") may have warranted the accuracy of this Tax Certificate/Tax Order Report to its customer (the "Data Trace Customer") pursuant to the terms and conditions of a written tax service agreement between Data Trace and said Data Trace Customer (the "Tax Service Agreement"). Any such warranty (hereinafter, "Data Trace Customer Warranty") does not: (a) extend to a third party bearer of this Tax Certificate/Tax Order Report; (b) cover any changes made to the records of the taxing authority after the "payments as of," "paid," or "payment" dates delineated above; and (c) cover any invalid tax information shown on the records of the taxing authority or resulting from an error by the Data Trace Customer (including, without limitation, submission of incorrect property information by said Data Trace Customer). DATA TRACE MAKES NO WARRANTIES (EXPRESS OR IMPLIED) WITH RESPECT TO THIS TAX CERTIFICATETAX ORDER REPORT OTHER THAN (WHERE APPLICABLE) THE DATA TRACE CUSTOMER WARRANTY. Any and all claims under a Data Trace Customer Warranty must be submitted to Data Trace by the corresponding Data Trace Customer and are subject to the terms and conditions set forth in the pertinent Tax Service Agreement (including, without limitation, the filing deadlines applicable to such claims). In some jurisdictions Data Trace's validation of a Tax Certificate/Tax Order Report is required to activate a Data Trace Customer PRINTED BY RR5/TMCGI 2023 - 2023000054639 05/18/2023 09:49 AM Page 1 of 7 271-101% 577s;ZS "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 KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF COLLIN THAT JOHN HAMPTON RATTAN, individually and as Trustee of The Rattan Family Trust dated December 11, 2000 (collectively, the "Grantor-'), expressly representing that the subject property constitutes no part of his homestead, for and in consideration of the sum of Ten and Noll 00 Dollars ($10.00) cash in hand paid by CITY OF ANNA, TEXAS (the "Grantee"), having an address of 120 W. Seventh Street Anna, Texas 75409, and other valuable consideration, have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto Grantee, that certain real property situated in Collin County. Texas, and as further described herein on Exhibit A attached hereto and incorporated herein by this reference for all purposes (the "Land"), together with all improvements, benefits, privileges, tenements, hereditaments, rights and appurtenances thereon or pertaining to such real property (all of such real property, improvements, rights and appurtenances herein are collectively referenced as the "Pro e "). This conveyance is made by Grantor and accepted by Grantee subject to (i) those certain encumbrances, conditions and restrictions relating to Property (collectively, the "Permitted Exceptions"), as described herein on Exhibit B. attached hereto and incorporated herein by reference, and (ii) the restrictive covenants and conditions (collectively, the "Restrictive Covenants"), as described herein on Exhibit C, attached hereto and incorporated herein by reference. The terms and conditions set forth in Exhibit C shall be deemed covenants running with the Property and shall bind Grantee and Grantee's successors and assigns. BY ACCEPTANCE OF THIS CONVEYANCE, GRANTEE IS TAKING THE PROPERTY "AS -IS" WITH ANY AND ALL LATENT AND PATENT DEFECTS AND THAT THERE IS NO WARRANTY BY GRANTOR THAT THE PROPERTY IS FOR A PARTICULAR PURPOSE. GRANTEE ACKNOWLEDGES THAT IT IS NOT RELYING UPON THE ACCURACY OR COMPLETENESS OF ANY REPRESENTATION, BROCHURE, RENDERING, PROMISE. STATEMENT OR OTHER ASSERTION OR INFORMATION WITH RESPECT TO THE PROPERTY MADE OR FURNISHED BY OR ON BEHALF OF, OR OTHERWISE ATTRIBUTED TO, GRANTOR OR ANY OF GRANTOR'S AGENTS. EMPLOYEES OR REPRESENTATIVES OTHER THAN THE REPRESENTATIONS OF GRANTOR CONTAINED IN THE COMMERCIAL CONTRACT OF SALE DATED MARCH 9, 2023, ANY AND ALL SUCH RELIANCE BEING HEREBY EXPRESSLY AND UNEQUIVOCALLY DISCLAIMED, BUT IS RELYING SOLELY AND EXCLUSIVELY UPON ITS OWN EXPERIENCE AND ITS INDEPENDENT JUDGMENT, EVALUATION Special Warranty Deed - Page 1 4043541vl 2023 - 2023000054639 05/18/2023 09:49 AM Page 2 of 7 AND EXAMINATION OF THE PROPERTY. GRANTEE FURTHER UNEQUIVOCALLY DISCLAIMS (I) THE EXISTENCE OF ANY DUTY TO DISCLOSE ON THE PART OF GRANTOR OR ANY OF GRANTOR'S AGENTS, EMPLOYEES OR REPRESENTATIVES AND (II) ANY RELIANCE BY GRANTEE ON THE SILENCE OR ANY ALLEGED NONDISCLOSURE OF GRANTOR OR ANY OF GRANTOR'S AGENTS, EMPLOYEES OR REPRESENTATIVES, GRANTEE TAKES THE PROPERTY UNDER THE EXPRESS UNDERSTANDING THAT THERE ARE NO EXPRESS OR IMPLIED WARRANTIES (EXCEPT THE REPRESENTATIONS OF GRANTOR CONTAINED IN THE COMMERCIAL CONTRACT OF SALE DATED MARCH 9, 2023, AND THE LIMITED WARRANTIES OF TITLE SET FORTH IN THIS DEED). OTHER THAN THE REPRESENTATIONS OF GRANTOR CONTAINED IN THE COMMERCIAL CONTRACT OF SALE DATED MARCH 9, 2023, GRANTEE EXPRESSLY WARRANTS AND REPRESENTS THAT NO PROMISE OR AGREEMENT WHICH IS NOT HEREIN EXPRESSED HAS BEEN MADE TO IT AND HEREBY DISCLAIMS ANY RELIANCE UPON ANY SUCH ALLEGED PROMISE OR AGREEMENT. OTHER THAN THE REPRESENTATIONS OF GRANTOR CONTAINED IN THE COMMERCIAL CONTRACT OF SALE DATED MARCH 9, 2023, AND THE LIMITED WARRANTIES OF TITLE SET FORTH IN THIS DEED, GRANTEE DISCLAIMS RELIANCE ON GRANTOR AND ACCEPTS THE PROPERTY "AS -IS" WITH FULL AWARENESS THAT THE PROPERTY'S PRIOR USE OR OTHER MATTERS COULD AFFECT ITS CONDITION, VALUE, SUITABILITY OR FITNESS; AND GRANTEE CONFIRMS THAT GRANTEE IS HEREBY ASSUMING ALL RISK ASSOCIATED THEREWITH. GRANTEE UNDERSTANDS THAT THE DISCLAIMERS OF RELIANCE AND OTHER PROVISIONS CONTAINED HEREIN COULD LIMIT ANY LEGAL RECOURSE OR REMEDY GRANTEE OTHERWISE MIGHT HAVE. GRANTEE ACKNOWLEDGES THAT IT HAS SOUGHT AND HAS RELIED UPON THE ADVICE OF ITS OWN LEGAL COUNSEL CONCERNING THIS PROVISION. TO HAVE AND TO HOLD the Property, together with all and singular, the rights and appurtenances thereto in anywise belonging to Grantee and their heirs, executors, administrators, successors and assigns; Grantor does hereby bind Grantor and their heirs, executors, administrators, successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto the Grantee and their heirs, executors, administrators, 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, subject, however, to the Permitted Exceptions. When the context requires, singular nouns and pronouns include the plural. (Signature Appears on the Following Page) Special Warranty Deed - Page 2 4043541v1 2023 - 2023000054639 05/18/Zt123 09:49 AM Page 3 of 7 EXECUTED on the date of acknowledgement, but to be EFFECTIVE the 12th day of May, 2023. vwv ohn Hampton Rattan, Trustee of The Rattan Family Trust dated December 11, 2000 STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the ��, day of 2023, by John Hampton Rattan, individually and as Trustee of The Rattan Faiyily Trust dated December 11, 2000, in the capacity therein stated. 60YP,P`�., LORETTA BODDY VNotary Public � State of Texas ID # 6470366 � Comm. Expires 07/27/2024 Prepared in the Office of: Abernathy, Roeder, Boyd & Hullett, P.C. 1700 Redbud Boulevard, Suite 300 McKinney, Texas 75069 4716.3121 % 2018-377525-RU Special Warranty Deed - Page 3 4043541vl NotaryPublic, State of T a 2023 - 2023OW054639 05/1812023 09:49 AM Page 4 of 7 Exhibit A Property Description Being a tract of land, situated in the Bastian Olivo Survey, Abstract No. 677, in Collin County, Texas and being a part of that called 56 acre tract and that called 147.48 acre tract, described by deed to John Rattan, as recorded under Document No. 20090915001153020, of the Official Public Records, Collin County, Texas (O.P.R.C.C.T.), said tract being more particularly described, as follows: BEGINNING at a 1/2" iron rod found in the southerly line of said 56 acre tract, same being the most northerly northwest corner of a called 275.697 acre tract of land, described by deed to S F Collin County, LLC, as recorded under Document No. 20190212000148160, O.P.R.C.C.T., same being the northeasterly corner of a called 40 acre tract of land, described by deed to R&D Aycock, Ltd., as recorded in Volume 5105, Page 2819, of the Deed Records, Collin County, Texas (D.R.C.C.T.), said corner also being in County Road No. 286, from which a 1" iron pipe found bears, South 01°53'27" West, a distance of 943.18% THENCE North 89048' 12" West, along the common line between said 40 acre and 56 acre tracts, same being along said County Road No. 286, a distance of 82.67' to a 1/2" iron rod with a yellow plastic cap stamped "RPLS 5686" set (herein after referred to as a capped iron rod set) for the southwesterly corner of the herein described tract; THENCE North 00°10'04" East, over and across said 56 acre tract, a distance of 925.76' to a capped iron rod set for the northwesterly corner of the herein described tract, same being in the northerly line of said 56 acre tract, said corner also being in the southerly line of Tract 4 (called 35 acres), as described by deed to John Hampton Rattan, as recorded under County Clerk's File No. 96-0074204, D.R.C.C.T., said capped iron rod set being in an existing barbed wire fence line, from which a fence post found bears, North 89°10'30" West, a distance of 861.01'; THENCE South 89°10'30" East, along said existing fence line, same being the southerly line of said Tract 4, same being along the northerly line of said 56 acre tract, a distance of 808.92' to a fence post found for an angle point; THENCE South 88°21' 15" East, continuing along said existing fence line, same being the southerly line of said Tract 4, same being along the northerly line of said 56 acre and 147.48 acre tracts, a distance of 517.28' to a capped iron rod set for the northeasterly corner of the herein described tract, from which a fence post found bears, South 88121' 15" East, a distance of 828.26% THENCE South 00110'45" West, along the easterly line of the herein described tract, same being over and across said 147.48 acre tract, a distance of 916.60' to a capped iron rod set in County Road No. 286, same being the southerly line of said 147.48 acre tract, said corner also being in the northerly line of the aforementioned 275.697 acre tract, from which a 1/2" iron rod found bears, South 89°12'49" East, a distance of 1267.03% THENCE North 89°12'49" West, along the northerly line of said 275.697 acre tract, same being the southerly line of said 147.48 acre and 56 acre tracts, and also along said County Road No. 286, a distance of 1243.19' to the POINT OF BEGINNING and containing 1,223,849 square feet or 28.096 acres of land, more or less. Special Warranty Deed - Page 4 4043541vl 2023 - 20230OW54639 05/1812023 09:49 AM Page 5 of 7 Exhibit B Permitted Exceptions 1. Mineral lease together with all rights, privileges and immunities incident thereto, to The Pure Oil Company from Sue Evelyn Rattan described in instrument filed 08/25/1944, recorded in Volume 351, Page 288, Real Property Records, Collin County, Texas. Company 2. Mineral lease together with all rights, privileges and immunities incident thereto, to Sun Oil Company from Sue Evelyn Rattan described in instrument filed 02/21/1966, recorded in Volume 669, Page 1, Real Property Records, Collin County, Texas. 3. Terms, provisions, conditions, and easement contained in Easement Agreement by and between Sue Evelyn Rattan and Joe H. Warren, Jr. Trustee, filed 07/26/1979, recorded in Volume 1185, Page 754, Real Property Records, Collin County, Texas. 4. Easement granted by John A. Rattan to Grayson Collin Electric Cooperative, filed 07/18/2003, recorded in Volume 5462, Page 6266, Real Property Records, Collin County, Texas. 5. Easement granted by John Hampton Rattan, Rattan Properties, LTD, Estate of Dow Rattan, Estate of Sue Rattan to City of Anna, filed 02/11/2009, recorded in cc# 2009021100127630, Real Property Records, Collin County, Texas. Special Warranty Deed - Page 5 4043541vl 2023 - 2023000054639 05/18=3 09:49 AM Page 6 of 7 Exhibit C Restrictive Covenants 1. The Property shall be used by the Grantee exclusively for the development and construction of the Hurricane Creek Waste Water Treatment Plant and no other. The access to the treatment plant shall be restricted to Waste Water and City Personnel only and shall not allow for public access for any reason such as recycling or other public uses that would create traffic, parking or other related issues. In the event that the use of the Property as a waste water treatment plant is at any time in the future terminated then the Grantee and Grantee's successors and assigns may only use the site for open space or park purposes. Any future park on the Property shall be designed to coordinate with park and open space developed, if any, on the Grantor's remaining property and shall be applied to any parkland dedication requirement duties created by the City of Anna's zoning or subdivision ordinances. 2. The Grantee and Grantee's successors and assigns shall maintain the site and operation of the waste water treatment plant in a clean, safe and odor free condition at all times. Odor associated with the operation of the plant shall not be allowed to permeate beyond the boundaries of the Property. Should odor at any time begin to leave the site then the City of Anna shall, within 60 days, take all steps available to curtail odor from leaving the site regardless of costs. 3. Grantee shall maintain a 50 foot buffer within ,the Property along the entire north and east boundaries of the Property. The existing trees within the 50 foot buffer shall remain and not be removed. 4. Grantee shall enclose the entire waste water treatment facilities within a security fence. Grantee shall immediately repair all existing fencing that is damaged during the inspection, feasibility, construction and operation of the waste water treatment plant and the associated outfall and collection mains assuring that the Grantor's cattle are always secure. Grantee shall not be responsible for damage or failure of the existing fencing due to old age, weather, or private activities occurring on the Grantor's remaining property. Special Warranty Deed - Page 6 4043541vl 2023-2023000054639 0511812023 9:54 AM Page 7 of 7 Collin County Honorable Stacey Kemp Collin County Clerk Instrument Number: 2023000054639 eRecording - Real Property DEED Recorded On: May 18, 2023 09:49 AM Number of Pages: 7 " Examined and Charged as Follows: " Total Recording: $46.00 *********** THIS PAGE IS PART OF THE INSTRUMENT *********** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 2023000054639 CSC Receipt Number: 20230518000142 Recorded Date/Time: May 18, 2023 09:49 AM User: Jennifer W Station: Station 3 STATE OF TEXAS COUNTY OF COIN 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 Public Records of Collin County, Texas. Honorable Stacey Kemp Collin County Clerk Collin County, TX `"`'� 2023 - 2023000054640 05/1812023 09:49 AM Page 1 of 6 .3" 5as MEMORANDUM OF POST -CLOSING AGREEMENT STATE OF TEXAS KNOW ALL PERSONS BY THESE PRESENTS COUNTY OF COLLIN This MEMORANDUM OF POST -CLOSING AGREEMENT (this "Memorandum") is dated May 12, 2023, and made by and between JOHN HAMPTON RATTAN, individually and as Trustee of The Rattan Family Trust dated December 11, 2000 (collectively, the "Seller") and the CITY OFANNA, TEXAS (the "Purchaser"), and is as follows: Seller and Purchaser entered into that certain Commercial Contract of Sale dated March 9, 2023 (the "Contract") for the sale and purchase of 28.096 acres of land, more or less, situated in the Bastian Olivo Survey, Abstract No. 677, in Collin County, Texas and being a part of that called 56 acre tract and that called 147.48 acre tract, described by deed to John Rattan, as recorded under Document No. 20090915001153020, of the Official Public Records, Collin County, Texas (O.P.R.C.C.T.), more particularly described on Exhibit A attached hereto and made a part hereof (the "Property"). 2. The Contract provides for, among other things, certain agreements regarding the development of a waste water treatment plant by Purchaser on the Property. The rights, obligations and benefits established pursuant to the Contract as referenced herein shall be covenants running with the land and shall be binding upon and inure to the benefit of Seller and Purchaser and their respective heirs, executors, administrators, successors and assigns and owners of the land comprising the Property, as defined below. 3. By Special Warranty Deed of even date herewith, Seller has sold and conveyed the Property to Purchaser. As part of the consideration of the above referenced sale and purchase, Seller and Purchaser hereby agree as follows: (i) Purchaser shall construct a 15" sanitary sewer main from the Hurricane Creek Sewer facility to the north line of the Property, in a fashion allowing the Seller to connect to said main, for the purpose of providing sanitary sewer collection and adequate capacity for the future full development of the Seller's remaining property. The location of the termination of the 15" sewer main shall be determined by the Seller. The Seller shall also be provided with access to and the ability to connect to the sewer main to be located and constructed within the Permanent Sanitary Sewer Easement. (ii) Concurrent with the construction of the wastewater treatment facility, the Purchaser shall construct and install a re -use water main, connection and pump station from the waste water treatment plant to the north line of the Property in a location to be approved by the Seller. Said re -use water main shall provide to Seller, at no charge, the right and ability to connect to and reuse effluent discharge from the waste water treatment facility through a re -use water system to be used on future Homeowner's Association Lots, City and Homeowner Association designated park land and open Memorandum of Post -Closing Agreement — Page 1 4043914v1 2023 - 2023000054640 05/1812023 09:49 AM Page 2 of 6 space areas, along City and Homeowner's Association trails, and within Public Rights -of -Way for irrigation, to maintain pond features and other appropriate uses within the development of the Seller's remaining property which will be developed by the Seller and/or Seller's heirs, executors and administrators in the future. The re -use water main and pumping system will be sized and located in a location to be determined by Seller and Seller's master plan, subject to review and approval by the Purchaser during the development process. If the Seller desires to provide effluent to private properties outside of the stated uses above, a separate agreement between the Seller and the Purchaser will be required. The right to the effluent water by the Seller as described herein shall be assignable by the Seller to future owners of all or part of the Seller's remaining property. Seller shall have the right, but not the duty, to accept or use the effluent and failure by Seller to utilize -the effluent shall not be deemed a waiver of its right to the effluent in the future. (iii) Purchaser will provide, at no cost to Seller, and execute the necessary easement(s) for water drainage/storm water runoff from Seller's remaining property onto and across the Property. Said easements shall be of a size and location necessary to properly convey stormwater from existing drainage areas on the Seller's remaining property to their natural termination points south of the subject 28.096-acre tract in accordance with State Law and the most recently adopted City of Anna and Collin County drainage design standards. 4. This Memorandum does not alter, amend or modify the terms of the Contract, but is executed solely for the purpose of giving notice to the existence of the obligations of Purchaser described therein, to which reference is here made for a full description of the terms and conditions thereof. Purchaser and Seller each acknowledge and agree that it is not their intention that this Agreement bind or encumber any property other than the Property described herein. (Signatures Appear on the Following Pages) Memorandum of Post -Closing Agreement — Page 2 4043914v1 2023 - 20230OW54640 05/1812023 09:49 AM Page 3 of 6 SELLER: hn Hampton Rattan Owe. ohn HamptonJRattan. Trustee of the Rattan Family Trust dated December 11.2000 STATE OF TEXAS § COUNTY OF COLLIN This instrument was acknowledged before me on the /&(I- day of , 2023, by John Hampton Rattan. individually and as Trustee of The RattA Family Trust dated December 11, 2000, in the capacities therein stated. Nw, Ui.,, LORMA BODDY Nota Public, State o Te as Notary Public State of Texas ID # 6470366Comm. Expires 07/27/2024 Memorandum of Post -Closing Agreement — Page 3 40439141 2023 - 2023000054640 05/1812023 09:49 AM Page 4 of 6 STATE OF TEXAS COUNTY OF COLLIN PURCHASER: City of Anna, Texas By: k A� an Henderson, Interim City Manager -4rn, This instrument was acknowledged before me on the _ day of May. 2023 I-IENDERSON, Interim City Manager of the City of Anna, Texas, on its behalf. r',;, LORETTA BODDY r°`�,,F Notary Public State of Texas �OF ID k 6470366 Comm. Expires 07/27/2024 (J 4WPublic,'State of Te x s by RYAN Memorandum of Post -Closing Agreement — Page 4 4043914v1 2023 - 20230OW54640 05/1812023 09:49 AM Page 5 of 6 Exhibit A Property Description Being a tract of land, situated in the Bastian Olivo Survey, Abstract No. 677, in Collin County, Texas and being a part of that called 56 acre tract and that called 147.48 acre tract, described by deed to John Rattan, as recorded under Document No. 20090915001153020, of the Official Public Records, Collin County, Texas (O.P.R.C.C.T.), said tract being more particularly described, as follows: BEGINNING at a 1/2" iron rod found in the southerly line of said 56 acre tract, same being the most northerly northwest corner of a called 275.697 acre tract of land, described by deed to S F Collin County, LLC, as recorded under Document No. 20190212000148160, O.P.R.C.C.T., same being the northeasterly corner of a called 40 acre tract of land, described by deed to R&D Aycock, Ltd., as recorded in Volume 5105, Page 2819, of the Deed Records, Collin County, Texas (D.R.C.C.T.), said corner also being in County Road No. 286, from which a 1" iron pipe found bears, South 01053'27" West, a distance of 943.18% THENCE North 89*48' 12" West, along the common line between said 40 acre and 56 acre tracts, same being along said County Road No. 286, a distance of 82.67' to a 1/2" iron rod with a yellow plastic cap stamped "RPLS 5686" set (herein after referred to as a capped iron rod set) for the southwesterly corner of the herein described tract; THENCE North 00° 10'04" East, over and across said 56 acre tract, a distance of 925.76' to a capped iron rod set for the northwesterly corner of the herein described tract, same being in the northerly line of said 56 acre tract, said corner also being in the southerly line of Tract 4 (called 35 acres), as described by deed to John Hampton Rattan, as recorded under County Clerk's File No. 96-0074204, D.R.C.C.T., said capped iron rod set being in an existing barbed wire fence line, from which a fence post found bears, North 89°10'30" West, a distance of 861.01 % THENCE South 89°10'30" East, along said existing fence line, same being the southerly line of said Tract 4, same being along the northerly line of said 56 acre tract, a distance of 808.92' to a fence post found for an angle point; THENCE South 88°21' 15" East, continuing along said existing fence line, same being the southerly line of said Tract 4, same being along the northerly line of said 56 acre and 147.48 acre tracts, a distance of 517.28' to a capped iron rod set for the northeasterly corner of the herein described tract, from which a fence post found bears, South 88°21' 15" East, a distance of 828.26'; THENCE South 0090'45" West, along the easterly line of the herein described tract, same being over and across said 147.48 acre tract, a distance of 916.60' to a capped iron rod set in County Road No. 286, same being the southerly line of said 147.48 acre tract, said corner also being in the northerly line of the aforementioned 275.697 acre tract, from which a 1/2" iron rod found bears, South 89"12'49" East, a distance of 1267.03'; THENCE North 89012'49" West, along the northerly line of said 275.697 acre tract, same being the southerly line of said 147.48 acre and 56 acre tracts, and also along said County Road No. 286, a distance of 1243.19' to the POINT OF BEGINNING and containing 1,223,849 square feet or 28.096 acres of land, more or less. Memorandum of Post -Closing Agreement — Page 5 4043914vl 2023-2023000054640 0511812023 9:54 AM Page 6 of 6 Collin County Honorable Stacey Kemp Collin County Clerk Instrument Number: 2023000054640 eRecording - Real Property AGREEMENT Recorded On: May 18, 2023 09:49 AM Number of Pages: 6 " Examined and Charged as Follows: " Total Recording: $42.00 *********** THIS PAGE IS PART OF THE INSTRUMENT *********** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 2023000054640 CSC Receipt Number: 20230518000142 Recorded Date/Time: May 18, 2023 09:49 AM User: Jennifer W Station: Station 3 STATE OF TEXAS COUNTY OF COIN 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 Public Records of Collin County, Texas. Honorable Stacey Kemp Collin County Clerk Collin County, TX `"`'� 2023 - 2023OW054641 05/1812023 09:49 AM Page 1 of 8 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. OUTFALL FACILITY AND TREATED EFFLUENT DRAINAGE EASEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF COLLIN GRANT OF EASEMENT: 1. John Hampton Rattan, individually and as Trustee of The Rattan Family Trust dated December 11, 2000 ("Grantor"), as their interests may appear, for the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confessed, does hereby grant, sell and convey unto the CITY OF ANNA, TEXAS ("Grantee"), a permanent outfall facility and drainage discharge easement together with temporary construction easements ("Easements") upon and across the property of Grantor, which is more particularly described on Exhibit "A", attached hereto and incorporated herein by reference ("Easement Tract"), 2. TO HAVE AND TO HOLD the same perpetually to Grantee and its successors and assigns, together with the rights, and privileges and on the terms and conditions set forth below, and Grantor, subject to the Exceptions, to Warranty, does hereby covenant and agree to WARRANT AND FOREVER DEFEND title to the Easements herein granted, unto Grantee, its 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, except as to the reservations from conveyance and the exceptions to conveyance and warranty. Terms and Conditions: The following teens and conditions apply to the Easements granted by this agreement: 1. Definitions. For the purposes of this grant of Easements certain terms shall have the meanings that follow: (a) "Holder' shall mean Grantee and Grantee's heirs, successors and assigns who at any time own any interest in the conveyance, subject to the terms of this agreement. 2023 - 2023OW054641 05/18/2023 09:49 AM Page 2 of 8 (b) "Permitted Improvements" shall mean landscaping or planting of vegetation, drainage improvements, fences, driveways and sidewalks and similar improvements; but shall not mean the construction of a building or structure that will, in Grantee's reasonable opinion, interfere with Grantee's rights hereunder. 2. Character of Easement. The Easements granted herein are non-exclusive, appurtenant to the dominant estate and shall pass to Grantee's successors and assigns, subject to all of the Terms hereof. The Easement rights of use granted herein are irrevocable, except to the extent herein contemplated. The Easement is for the benefit of Holder. 3. Purpose of Easement. The Easement shall be used for wastewater discharge infrastructure and treated effluent drainage discharge purposes, including placement, construction, installation, replacement, repair, maintenance, relocation, removal, and operation of wastewater discharge infrastructure and treated effluent discharge facilities and related appurtenances ("Facilities"). The facilities consist of subsurface pipes located below ground with associated appurtenances such as access manholes and an outfall structure. The Easement shall also be used for the purpose of providing access for the operation, repair, maintenance, replacement of the Facilities and related appurtenances. 4. Term/Reservation of Rights. Easement rights granted herein shall be in perpetuity, except as herein indicated and subject to the following reservations. Temporary Construction Easements. The temporary construction easements granted herein shall expire upon completion of the Facilities contemplated herein. Reservation of Rights (Surface use only). Grantor and Grantor's heirs, successors, and assigns shall retain the right to use the surface and subsurface of all or part of the Easement Tract for Permitted Improvements purposes in conjunction with Holder as long as such use by Grantor and Grantor's heirs, successors, and assigns does not unreasonably interfere with the use of the Easement Tract by Holder for the Easements' purpose. Improvement and Maintenance of Easement Property. Subject to the provisions of Section 6, immediately below, improvement and maintenance of the Easement Tract adversely affected by the existence and operation of the Facilities and the Facilities will be at the sole expense of Holder. After providing notice to Grantor, Holder has the right to remove or relocate any fences or other encroachments within the Easement Tract or along or near its boundary lines if reasonably necessary to construct, install, maintain, replace, or remove the Facilities, provided that Holder shall replace any Permitted Improvements to their original condition that are damaged in connection with the work. 6. Maintenance of Surface Easement Property/Permitted Improvements. Notwithstanding any contrary provision, Grantor shall retain the obligation to maintain the surface of the Easement Tract and Permitted Improvements to the extent 2023 - 2023OW054641 05/18/2023 09:49 AM Page 3 of 8 the property has been historically maintained. Grantee shall promptly repair and restore to its pre -damage condition any damage caused by Grantee or its successors or assigns to the Easement Tract and/or its Permitted Improvements. 7. Binding Effect. This agreement binds and inures to the benefit of the parties and their respective heirs, successors, and permitted assigns. 8. Exceptions to This grant is subject to any and all encumbrances and easements of record, to the extent the same are valid and enforceable. 9. Entire Agn•eement. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representation or modification concerning this instrument shall be of no force and effect except for any subsequent modification in writing, signed by the party to be charged. IN WITNESS WHEREOF, this instrument is executed this ��� day of MAA 2023. [signature page follows] 2023 - 2023OW054641 05/1812023 09:49 AM Page 4 of 8 GRANTOR: =J19-...7WW •• Rattan ohn Hampton Rattan, Trustee of The Rattan Family Trust dated December 11, 2000 THE STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on Q,u 12 , 2023, by John Hampton Rattan, individually and as Trustee of The Rattan Family Trust dated December 11, 2000, in the capacities therein stated. I(JAI� LORMA BODDY NotaryPublic - State of TeNotary Public State of Texas ID # 6470366 Comm. Expires 07/27/2024 2023 - 2023OW054641 05/1812023 09:49 AM Page 5 of 8 EXHIBIT W WASTEWATER PIPELINE AND WASTEWATER TREATMENT PLANT OUTFALL EASEMENT BASTIAN OLIVER SURVEY ABSTRACT NO.677 COLLIN COUNTY, TEXAS Being a tract of land, situated in the Bastain Oliver Survey, Abstract No. 677, in Collin County, Texas and being a part of that called 56 acre tract and that called 147.48 acre tract, described by deed to John Rattan, as recorded under Document No. 20090915001153020, of the Official Public Records, Collin County, Texas (O.P.R.C.C.T.), said tract being more particularly described, as follows: COMMENCING at a 1/2" iron rod found in the southerly line of said 56 acre tract, same being the most northerly northwest comer of a called 275.697 acre tract of land, described by deed to S F Collin County, LLC, as recorded under Document No. 20190212000148160, O.P.R.C.C.T., some being the northeasterly comer of a called 40 acre tract of land, described by deed to R&D Aycock, Ltd., as recorded in Volume 5105, Page 2819, of the Deed Records, Collin County, Texas (D.R.C.C.T.), said corner also being in County Road No. 286, from which a 1" iron pipe found bears. South 01'53'27" West, a distance of 943.18% THENCE North 89'48'12" West, along the common line between said 40 acre and 56 acre tracts, some being along said County Road No. 286, a distance of 82.67' to a 1/2" iron rod with a yellow plastic cap stamped "RPLS 5686" set (herein after referred to as a capped iron rod set) for the southwesterly comer of the herein described tract; THENCE North 00'10'04" East, over and across said 56 acre tract, a distance of 729.96' to the POINT OF BEGINNING of the herein described tract; THENCE continuing over and across said 56 acre tract, the following four (4) courses and distances: North 89'48'22" West, a distance of 1439.34' to a point for comer, North 00'10'04" East, a distance of 100.00' to a point for corner, South 89'48'22" East, a distance of 1439.34' to a point for corner, South 00'10'04" West, a distance of 100.00' to the POINT OF BEGINNING and containing 143,934 square feet or 3.304 acres of land, more or less. ABBREVIATIONS I.R.F. = Iron Rod Found (R.M.) = Reference Monument C.I.R.F. = Capped Iron Rod Found C.I.R.S. = 1/2" iron rod with yellow plastic cap stamped "RPLS 5686" set M.R.C.C.T. = Map Records, Collin County, Texas D.R.C.C.T. = Deed Records, Collin County, Texas O.P.R.C.C.T. = Official Public Records, Collin County, Texas MICHAEL B. ARTHUR 5686 9�d �'FSS10�c;c� Svc Bearings are based on the Texas State Plane Coordinate System, North Central Zone (4202), NAD83. Surface values shown can be converted to grid by dividing by the combined scale factor of 0.999852022. at base point 0.0. This metes and bounds description is accompanied by a survey plat of even date. DATE: 08/11/2021 WASTEWATER PIPELINE AND WASTEWATER TREATMENT PLANT North Texas Surve L.L.C. Pmfessiaaal Land SSurveyors REVISED: 12/19/2022 OUTFALL EASEMENT 3.304 ACRES 1010 West University Drive (S)p SCALE: i" = 100' BASTAIN OLIVER SURVEY McKinney, n 75089 CHK'D. BY: M.B.A. ABSTRACT NO.677 COLLIN COUNTY, TEXAS h. (489) 424-2074 Faz: (469) 424-1997 www.northte=smuveying.com Firm Registration No. 10074200 JOB NO.: 2021-0081 2023 - 2023OW054641 05/1812023 09:49 AM Page 6 of 8 EXHIBIT'B° I SURVEY PLAT I MATCH LINE -------------------------------------- MATCH LINE t i i i I I 3 i REMAINDER OF � PART OF ' CALLED 56 ACRES CALLED 56 ACRES ' JOHN RATTAN DOCUMENT NO. JOHN RATTAN ; 20090915001153020, � I DOCUMENT NO. O.P.R.C.C.T. Cil 20090916001153020, N O.P.R.C.C.T. ti PROPOSED 28.096 ACRES WI GRAPHIC SCALE I 0 60 100 O 0 p � p � Z 1 inch = 100 ft. I I � OUTFALL PIPELINE EASEMENT DOC. NO.20M206000127630, O.P.R.C.C.T. I CIRA i _ COUNTY ROAD NO.286 / \-11rUF. (dirNgravel road) J N89°48'12"W (PL"IL) I 82.67' Co POINT OF CALLED 275.697 ACRES CALLED 40 ACRES S F COLLIN COUNTY, LLC R&D AYCOCK, LTD COMMENCING DOCUMENT NO. VOL 5105, PG. 2819, 20190212000148160, D.R.C.C.T. O.P.R.C.C.T. N Icr) 0 I� 0 Bearings are based on the Texas State Plane Coordinate System, North Central Zone (4202). NAD83. Surface values shown can be converted to grid by dividing by the combined scale factor of 0.99985202-2. at base point 0.0. This V W.F. (R.M.) survey plat is accompanied by a metes and bounds description of even date. DATE: 08/11/2021 WASTEWATER PIPELINE AND WASTEWATER TREATMENT PLANT OUTFALL EASEMENT 3.304 ACRES North Texas Surveying,L.L.C. Repstered , Professional Land S wveyors 1010 West University Drive REVISED: 12/19/2022 SCALE: 1" = 100' BASTAIN OLIVER SURVEY McKinney, ZY. 75089 Ph. (469) 424-2074 Fax: (469) 424-1997 CHK'D. BY: M.B.A. ABSTRACT NO.677 COLLIN COUNTY, TEXAS www northtexnsw zveying.com Firm Registration No. 10074200 JOB NO.: 2021-0081 2023 - 2023OW054641 05/1812023 09:49 AM Page 7 of 8 .00*00 6 I U M.W.M.00s I 1-4 W o Z cm CA n..mo Q m m �o ��vm; uI m vVzt; I I LL I > wma aU I I O Z zo I p W �m I I I I z� A I I I I I I ZIZ o fn I� m m Tod E co ? U� m d mZ000�iev� O MI Io, ( r `II da�II II v noE -a GO «ma onMV 09,17oEo .,ncoE�om Qma z «00�oc W W����mjJJjJJJJ Q � II yrnr CL 02. o? Ccrn>.O0 Lu 0NV.0C4.2 N���Qo3wON a WarTd QWWay y litC) CO ,,)OjZ W Mn N Cl) w a -N a030 C3 lao wZ D CD CO) I& Go c~i fl Ora I I� �L �� z 0ci I I Oo �OU LU a U N a I I CQ Cu N CV COOCV a OC� U p o .-� LLW $ 00 00 6 a w A z U. 3-00A6o00N �" '" A a 0 2023-2023000054641 0511812023 9:54 AM Page 8 of 8 Collin County Honorable Stacey Kemp Collin County Clerk Instrument Number: 2023000054641 eRecording - Real Property EASEMENT Recorded On: May 18, 2023 09:49 AM Number of Pages: 8 " Examined and Charged as Follows: " Total Recording: $50.00 *********** THIS PAGE IS PART OF THE INSTRUMENT *********** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 2023000054641 CSC Receipt Number: 20230518000142 Recorded Date/Time: May 18, 2023 09:49 AM User: Jennifer W Station: Station 3 STATE OF TEXAS COUNTY OF COIN 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 Public Records of Collin County, Texas. Honorable Stacey Kemp Collin County Clerk Collin County, TX `"`'� 2023 - 2023OW054642 05/1812023 09:49 AM Page 1 of 6 ap(e-3V5-�.5 PERMANENT SANITARY SEWER EASEMENT KNOW ALL MEN BY THESE PRESENTS, that John Hampton Rattan, individually and as Trustee of The Rattan Family Trust dated December 11, 2000 (hereinafter called "Grantor"), as their interests may appear, in consideration of one dollar ($1.00) and other good and valuable consideration paid by the City of Anna, Texas, (hereinafter called "Grantee"), the receipt and sufficiency of which is hereby acknowledged, do hereby grant, bargain, sell, transfer, and convey to said Grantee, its successors, and assigns, a perpetual easement with the right to erect, install, construct, and lay and thereafter use, operate, inspect, repair, maintain, replace, and remove sanitary sewer lines and appurtenances in and through Grantors' land, a tract of land for Pennanent Sanitary Sewer Easement 40- foot width and being under, over and across Tract 2 in the Bastain Oliver Survey, Abstract 667. Collin County, Texas, a called 56.00 acre tract conveyed to John Rattan & Estate of Dow & Sue Rattan c/o John Rattan by deed recorded in Instrument Number 20090915001153020 of the Deed Records of Collin County, Texas (D.R.C.C.T.) together with the right of ingress and egress over Grantors' adjacent lands for the purpose for which the above mentioned rights are granted. The easement hereby granted shall be a 39,845 square foot sanitary sewer easement, being more particularly described in Easement Exhibit "A'', attached hereto and made an integral part of this easement. There is also hereby granted a temporary construction easement 40 feet in width being more particularly described in Easement Exhibit "A", attached hereto and made an integral part of this easement, for the purpose of constructing a sanitary sewer line and appurtenances, the term of which temporary construction easement to end when construction of same is completed but not later than one year after the date of execution of this document, as acknowledged below. The consideration recited herein shall constitute payment in full for all damages sustained by Grantor by reason of the installation of the structures referred to herein and the Grantee will maintain such easement in a state of good repair and efficiency so that no unreasonable damages will result from its use to Grantor's premises. This Agreement together with other provisions of this grant shall constitute a covenant running with the land for the benefit of the Grantee, its successors, and assigns. The Grantors covenants that he is the owner of the above described lands and that said lands are free and clear of all encumbrances and liens. (signatures on the following page) 2023 - 2023OW054642 05/1812023 09:49 AM Page 2 of 6 IN WITNESS WHEREOF the said Grantor has executed this instrument this day of .2023. /E 11.pton ohn Hampton Rattan, Trustee of The Rattan Family Trust dated December 11, 2000 STATE OF TEXAS COUNTY OF COLLIN T 1's instrument was acknowledged before me on the ! day of 2023, by John Hampton Rattan, individually and as Trustee of The Rattan Family -,Trust dated December 11. 2000, in the capacities therein stated. 2" 6 � Not ry Publ'ic - State of T x �.0"%; -" LORETTA BODDY /��� Notary Texas t j��/) State of Texas IZN _ �E. ID /16470366 Comm. Expires 07/27/2024 2023 - 2023000054642 05/1812023 09:49 AM Page 3 of 6 John Rattan & Estate of Dow & Sae Rattan do John Rattan 0212612019 EXHIBIT "A" FIELD NOTE DESCRIPTION PERMANENT SANITARY SEWER EASEMENT CITY OF ANNA, TEXAS Parcel No 12 City of Anna Being a tract of land for Permanent Sanitary Sewer Easement 40-foot width and being under, over and across Tract 2 in the Bastain Oliver Survey, Abstract 677, Collin County, Texas, a called 56.00 acre tract conveyed to John Rattan & Estate of Dow & Sue Rattan c/o John Rattan by deed recorded in Instrument Number 20090915001153020 of the Dad Records of Collin County, Texas (D.R.C.C.T.), said 40-foot wide Permanent Sanitary Sewer Easement being more particularly described as follows; BEGINNING at a point for corner, said point being on the centerline of County Road 286 (an established east — west gravel roads on the south property line of said 56.00 acre Rattan tract and being on the north property line of Tract 4 in the Bastain Oliver Survey, Abstract 677, Collin County, Texas, a called 40.00 acre tract conveyed to R&D Aycock, LTD. by deed recorded in Instrument Number 200202130002315070 of the D.R.C.C.T., said point bearing N 89*46'10" W, along the centerline of said County Road 286, a distance of 1,453.73 fat from a 1/2-inch iron rod found on said centerline of County Road 286, on the northeast property corner of said 40.00 acre Aycock tract, the northwest property corner of Tract 3 in the Bastain Oliver Survey, Abstract 677, Collin County, Texas, a called 62.40 acre tract conveyed to Pansy Family Limited Partnership by deed recorded in Instrument Number 19971001000829130 of the D.RC.C.T., and the south property line Of said 56.00 acre Rattan tract, said point also bearing N 65°04'43" W, a distance of 4,727.97 feet from a 1/2- inch iron rod found on the southeast property corner of said 99.10 acre Pansy tract, the northeast property corner of Tract 8 in the Bastain Oliver Survey, Abstract 677, Collin County, Texas, a called 5.0 acre tract conveyed to John'P. Walden by deed recorded in document not found and the west property line of Tract 9 in the W.E. Throckmorton Survey, Abstract 898, Collin County, Texas, a called 60.0 acre tract conveyed to John P. Walden by deed recorded in document not found; THENCE, N 89046110" W, along said centerline of County Road 286 and the common property line of said 56.00 acre Rattan tract and said 40.00 acre Aycock tract, a distance of 41A7 fat to a point for comer, THENCE, N 15005T6" W, departing said centerline of County Road 286 and said common property line, a distance of 6.43 feat to a point for corner, THENCE, N 0005751" I:, a distance of 75534 fat to a point for corner, THENCE, N 44°OS'40" W, a distance of 237.68 feet to a point for corner, said point being on an establish fence line and on the common property tine of said S6.00 acre Rattan tract and Tract 4 in the H.T. Chenoweth Survey, Abstract 1 S8, Collin County, Texas, a called 106.489 acre tract conveyed to John Hampton Rattan by deed recorded in Instrument Number 19960829000742040 of the D.R.C.C.T.; THENCE, S 89°3248" 1, along said fence line and said common property line, a distance of 56.13 feet to a point for corner, THENCE, S 44905'40" E. departing said fence line and said common property line, a distance of214.86 feet to a point for corner, ilffiut�NOM IhmlaooC[C* S-U=M*"=W ft0De=W=vA=3145FWW 124x Page 100 2023 - 2023OW054642 05/1812023 09:49 AM Page 4 of 6 John Ratnan & Estate ojDow & Sue Rattan clo John Rattan Parcel No 12 02)2612019 City of Anna EXHIBIT "A" THENCE, S 00-52-51" W, a distance of 766.28 feet to a point for corner, THENCE, S 15005'06" E, a distance of 11.78 feet to the POINT OF BEGINNING, said 40-foot Permanent Sanitary Sewer Easement containing 0.915 acres (39,845 square feet) of land, more or less. Also a 40-foot wide temporary construction easement being immediately adjacent to and parallel with the easterly legs of the above described Permanent Sanitary Sewer Easement and containing 0.909 acres (39,587 square feet) of land, more or less. Notes: 1. Bearings and distances cited in this field note description are based on the Texas State Plane Coordinate System, NAD-83, Texas North Central Zone 4202. 2. Field survey concluded on 12/27/2018. 3. An Easement Plat of even date herewith accompanies this Field Note Description. Gary C. Hendricks, P.E., R.P.L.S. �(E.`•'• STE Texas Registration No. 5073 Po�RF Birkhoff, Hendricks & Carter, L.L.P. ,,, ,,,,,,,,,,,,,,,,,,,,,,;,,,, TBPLS Firm No. I00318-00 GARY CLINTON HENDRICKS ........................... 11910 Greenville Ave., Suite 600 �'• A.. 5073 •� Dallas, Texas 75243 '9,.10 FFssto * 0 ° sua�E d tt:lProjax.N®.�xo�s��s�uur�mccrcetss-I.incASFnwmstvu:lDeu�p�s+xo�ewersmd 12ax _. _._ Page 2 of 2023 - 2023000054642 05/1812023 09:49 AM Page 5 of 6 Q N z _ � FQ.. rn �- o ` ra'° Z Z W c W Lt_ tV w ? w a x �a IL N I H LLI O QC m a Q riFlo N �W=� N �Z W LL H N -5 z U4 C4 w Nay p — g z z�.; n \ Z a� z 0: 0 I� Z W o I U = a a I W O co 0�. CC '4: m v• b�ls'Ea:'�,P tz WIS. P.: a a 'gal Rig � r Y Rm I N MI s n= •,► OZDl 1 z� ri M UW*rt I—d Dlgt Z\gtcld\VPW W--3\Y W?i-55 Y—J Su03WnH 8bl8t0Z\-UV\g34l0Jd\--H Hosmmm - st/ct/a a 2023-2023000054642 0511812023 9:54 AM Page 6 of 6 Collin County Honorable Stacey Kemp Collin County Clerk Instrument Number: 2023000054642 eRecording - Real Property EASEMENT Recorded On: May 18, 2023 09:49 AM Number of Pages: 6 " Examined and Charged as Follows: " Total Recording: $42.00 *********** THIS PAGE IS PART OF THE INSTRUMENT *********** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 2023000054642 CSC Receipt Number: 20230518000142 Recorded Date/Time: May 18, 2023 09:49 AM User: Jennifer W Station: Station 3 STATE OF TEXAS COUNTY OF COIN 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 Public Records of Collin County, Texas. Honorable Stacey Kemp Collin County Clerk Collin County, TX `"`'� 2023 - 20230OW54643 05/1812023 09:49 AM Page 1 of 6 39gSD-S PERMANENT SANITARY SEWER EASEMENT KNOW ALL MEN BY THESE PRESENTS, that John Hampton Rattan, individually and as Trustee of The Rattan Family Trust dated December 11, 2000 (hereinafter called "Grantor"), as their interests may appear, in consideration of one dollar ($1.00) and other good and valuable consideration paid by the City of Anna, Texas, (hereinafter called "Grantee"), the receipt and sufficiency of which is hereby acknowledged, do hereby grant, bargain, sell, transfer, and convey to said Grantee, its successors, and assigns, a perpetual easement with the right to erect, install, construct, and lay and thereafter use, operate, inspect, repair, maintain, replace, and remove sanitary sewer lines and appurtenances in and through Grantors' land, a tract of land for Permanent Sanitary Sewer Easement 40-foot width and being under, over and across Tract 4 in the H.T. ChenoWeth Survey, Abstract 158. Collin County. Texas, a called 106.488 acre tract conveyed to John Hampton Rattan by deed recorded in Instrument Number 19960829000742040 of the Deed Records of Collin County, Texas (D.R.C.C.T.) together with the right of ingress and egress over Grantors' adjacent lands for the purpose for which the above mentioned rights are granted. The easement hereby granted shall be a 106.738 square foot sanitary sewer easement, being more particularly described in Easement Exhibit '`A", attached hereto and made an integral part of this easement. There is also hereby granted a temporary construction easement 40 feet in width being more particularly described in Easement Exhibit "A", attached hereto and made an integral part of this easement, for the purpose of constructing a sanitary sewer line and appurtenances, the term of which temporary construction easement to end when construction of same is completed but not later than one year after the date of execution of this document, as acknowledged below. The consideration recited herein shall constitute payment in full for all damages sustained by Grantor by reason of the installation of the structures referred to herein and the Grantee will maintain such easement in a state of good repair and efficiency so that no unreasonable damages will result from its use to Grantor's premises. This Agreement together with other provisions of this grant shall constitute a covenant running with the land for the benefit of the Grantee, its successors, and assigns. The Grantor covenants that he is the owner of the above described lands and that said lands are free and clear of all encumbrances and liens. (signatures on the following page) 2023 - 20230000.54643 05/1812023 09:49 AM Page 2 of 6 IN WITNESS WHEREOF the said Grantor has executed this instrument this le- day of I ► I OL� .2023. Q)hknH�ampto'nanan Owe ohn�Hamptonattan, Truste�®r heRattan Family Trust dated December 11, 2000 STATE OF TEXAS COUNTY OF COLLIN his instrument was acknowledged before me on the 2023, by John Hampton Rattan. individually Rattan Fam' Trust dated December 11, 2000, in the capacities therein stated Not ry Public - State o Te s LORETTA BODDY Notary Public _ state of Texas ID # 6470366 Comm. Expires 07/27/2024 day of and as Trustee of The 2023 - 202300W54643 05/1812023 09:49 AM Page 3 of 6 John Hampton Rattan 0212612019 EMBIT "A„ FIELD NOTE DESCRIPTION PERMANENT SANITARY SEWER EASEMENT CITY OF ANNA, TEXAS Parse! No 13 City ojAnna Being a tract of land for Permanent Sanitary Sewer Easement 40-foot width and being under, over and across Tract 4 in the H.C. Chenoweth Survey, Abstract 158, Collin County, Texas, a called I06A88 acne tract conveyed to John Hampton Rattan by deed recorded in Instrument Number 19960829000742040 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 40-foot wide Permanent Sanitary Sewer Easement being more particularly described as follows; BEGINNING at a point for comer, said point being on an established fence line, on the north property line of said 106.498 acre Rattan tract and being on the south property line of Tract 3 in the H.T. Chenoweth Survey, Abstract 158, Collin County, Texas, a called 101 acre tract conveyed to MJLA Adams, LTD. by deed recorded in Instrument Number 20I 10505000462570 of the D.R.C.C.T., said point bearing N 29*33151" W, a distance of 3,184.16 feet from a 1/2-inch iron rod found on the centerline of County Road 286 (an established east -west gravel road), on the northeast property corner of Tract 4 in the Bastain Oliver Survey, Abstract 677, Collin County, Texas, a called 40.00 acre tract conveyed to R&D Aycock, LTD by deed recorded in Instrument Number 200202130002315070 of the D.R.C.C.T., the northwest property corner of Tract 3 in the Bastain Oliver Survey, Abstract 677, Collin County, Texas, a called 62.40 acre tract conveyed to Pansy Family Limited Partnership by deed recorded in Instrument Number 19971001000829130 of the D.R.C.C.T., and the south property line of Tract 2 in the Bastain Oliver Survey, Abstract 677, Collin County, Texas, a called 56.00 acre tract conveyed to John Rattan & Estate of Dow & Sue Rattan c/o John Rattan by deed recorded in Instrument Number 20090915001153020 of the D.R.C.C.T., said point also bearing S 17° 1834" W, a distance of 1,076.87 feet from a t/2-inch iron rod found on an easterly interior property comer of Tract 19 in the H.T. Chenoweth Survey, Abstract 158, Collin County, Texas, a called 204371 acre tract conveyed to Twin Rivers Estates, LLC. by deed recorded in Instrument Number 20090229000243760 of the D.R.C.C.T., and the southwest property comer of Tract 2 in the H.T. Chenoweth Survey, Abstract 158, Collin County, Texas, a called 216.801 acre tract conveyed to Verla Sue Holland & Maurine Dickey by deed recorded in Instrument Number 19950216000110690 of the D.R.C.C.T.; THENCE, S 50°0634" W, departing the common property line of said 106.498 acre Rattan tract and said 101 acre MJLA tract, a distance of 19.12 feet to a point for corner, THENCE, S 7201 WS3" W, a distance of 996.03 feet to a point for comer; THENCE, S 2204732" W, a distance of 301.73 feet to a point for corner, THENCE, S 51*0602' 1, a distance of 915.75 feet to a point for comer, THENCE, S 25°00'21" IF, a distance of 405.96 feet to a point for comer, THENCE. S 01 °5 l' 13" E, a distance of 200.01 feet to a point for comer, THENCE, S 44*0T40" E, a distance of 168.18 feet to a point for comer, said point being on an established fence line, on the south property line of said 106A98 acre Rattan tract and the north property line of said 56.00 acre Rattan tract; q"*i"PAi==12M 11 I e aadt ss cPage t of 3 2023 - 20230000.54643 05/1812023 09:49 AM Page 4 of 6 John Hampton Rattan farce/ No 13 0212612019 City of An►ia EXHIBIT "A" THENCE, N 8903248" W, along said fence line and said common property line, a distance of 56.13 feet to a point for corner, THENCE, N 44°05'40" W, departing said fence line and common property line, a distance of 144.25 feet to a point for corner THENCE, N 0105 VI 3" W, a distance of 207.27 feet to a point for corner 'THENCE, N 25000'21" W, a distance of 388.50 feet to a point for corner THENCE, N 51 °06'O2" W, a distance of 926.15 feet to a point for corner THENCE, N 22-47-32" E, a distance of 348.50 feet to a point for corner THENCE, N 72010'53" E, a distance of 967.28 feet to a point for corner, said point being on said fence line on said common property line of said 106.488 acre Rattan tract and said 101 acre MJLA tract; THENCE, S 87004'49" E, along said fence line and said common property line, a distance of 64.43 feet to the POINT OF BEGINNING, said 40-foot Permanent Sanitary Sewer Easement containing 2.450 acres (106,738 square feet) of land, more or less. Also a 40-foot wide temporary construction easement being immediately adjacent to and parallel with the easterly legs of the above described Permanent Sanitary Sewer Easement and containing 2.763 acres (120.375 square feet) of land, more or less. Notes: 1. Bearings and distances cited in this field note description are based on the Texas State Plane Coordinate System, NAD-83, Texas North Central Zone 4202. 2. Field survey concluded on 12/27/2018. 3. An Easement Plat of even date herewith accompanies this Field Note Description. Gary C. Hendricks, P.E., R.P.L.S. .�FTF r'1STigF';9N Texas Registration No. 5073 coPQ o Birkhoff, Hendricks & Carter, L.L.P. ...:.......................... TBPLS Firm No. 100318-00 GARY CLINTONHENDRICKS .. .... 11910 Greenville Ave., Suite 600%� 4�5023 °FEss Dallas, Texas 75243 '9o`'•'0 �X �dti`u11a I VPre cc&%k=V01 &148 Uank&r c Ctmt SS.►az AtFnnr w PW%Vkic 0on%%2018148 rued 13 doe Page 2 of 3 2023 - 2023000054643 05/1812023 09:49 AM Page 5 of 6 QC9 co M r, n u1 W W = a ^=moo `, = U (n Q ,. �' < oo c� �'' � Z r X � N c co �� d Q Q W -� N ^oo W cm)'.... W Li ci LLJ o `boo Z pp _ '• ( < C LL < zti n Zm �. Z cn o Z Z c- W u Z ••. J a W rIIn 9 qtr 04 ` v CS, �y\ azi i �O Q'Q� Quo Y CD CD 'gin i morn o � Ca H ozz o Z o 5 7- LJ4 C x o W�i� o° u h� Y %1-4 o �cn�4 c a � lr^j0 N m v0�o N o - 9Sl lss8 i. �_ _ (](� y O:AI IM —_ _ pJl -s9i Z yZ U Q- W 4 - -LL9 s87 Q w a N V y JJJ o l / , +. azec, t lcDsl sosoaZ or+ sat 8 c� - c z r 53tlDV 00,99 017:3 UL9 '159V •Z 1OV81) a $ u D a N h NNUV8 aaor 0/3 ; iE 9 W ttt--- wan ins v N.o3 qy — — _ 9 Z3 /\\ JD 31V1S3 v t4vuyzl HHor W m o < U \ ~O l N ri bMPTI 1'»Jod 9ri9l OZV101d\Woid luQ=r03\V oun-ss �OwD ouo=ttjnq 9H9WZ\ouvV\el22foJd\:H NDSLOON:'N - Gl/fl/Z :D3SA38 2023-2023000054643 0511812023 9:54 AM Page 6 of 6 Collin County Honorable Stacey Kemp Collin County Clerk Instrument Number: 2023000054643 eRecording - Real Property EASEMENT Recorded On: May 18, 2023 09:49 AM Number of Pages: 6 " Examined and Charged as Follows: " Total Recording: $42.00 *********** THIS PAGE IS PART OF THE INSTRUMENT *********** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 2023000054643 CSC Receipt Number: 20230518000142 Recorded Date/Time: May 18, 2023 09:49 AM User: Jennifer W Station: Station 3 STATE OF TEXAS COUNTY OF COIN 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 Public Records of Collin County, Texas. Honorable Stacey Kemp Collin County Clerk Collin County, TX `"`'� GRANTORS AFFIDAVIT AFFIDAVIT TO BE SIGNED BY SELLER OR MORTGAGOR IN CONNECTION WITH TITLE INSURANCE POLICY TO BE ISSUED STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN GF#: 2018-377525-RU TITLE COMPANY: REUNION TITLE OWNER: IOHN HAMPTON RATTAN BEFORE ME, the undersigned authority, on this day personally appeared the undersigned affiant, (hereinafter called "Affiant" whether one or more), personally known to me to be the person whose name is subscribed hereto, and being first duly sworn, deposes and says that: Affiant is a citizen of the United States, of legal age and has never been known by any other name than that set out below; The property referred to herein is briefly described as follows or in Exhibit "A" attached hereto (the "Property'): 28.096 acres situated in the Bastain Oliver Survey, Abstract No. 677 Collin County, Texas Affiant is making this affidavit as the owner of the Property or on behalf of the entity shown above, if any, as the owner of the Property, in which case Affiant is duly authorized by such entity to make this affidavit. As used herein, "Owner" means both Affiant, as the owner of the Property, and such entity, as owner of the Property, as appropriate and as the context requires. To AffianYs knowledge, Owner's possession of the Property has been peaceable and undisturbed and title to said Property has never been disputed or questioned; nor does Affiant have any actual knowledge of any facts by reason of which the title to, or possession of, said Property might be disputed or questioned, or by reason of which any claim to any of said Property might be asserted adversely against Owner. No proceedings in bankruptcy or receivership have ever been instituted by or against Owner, and Owner has never made an assignment for the benefit of creditors. Affiant knows of no action or proceeding which is now pending in any state or federal court in the United States, to which Owner is a party, nor does Affiant know of any state or federal court judgment, state or federal tax lien, or any other state or federal lien or assessment of any kind or nature whatsoever which is pending or threatened against Owner, or which now constitutes a lien or charge upon the Property. Affiant hereby certifies that all ad valorem property taxes pertaining to the Property up to and including the year 2022 have been paid in full. Owner shall reimburse or pay title company and/or its underwriter for any and all ad valorem taxes, assessments, penalties, interest or any other delinquent charge on the Property should such, tax, charge, delinquency or assessment be determined to be due and/or unpaid on or prior to the date hereof. Owner has received no notice from any public authority requiring any improvement, alteration or change to be made on, about or affecting the Property; and Affiant knows of no assessments levied or outstanding in favor of any sewer, water or other utility district, or in favor of any municipality or other governmental authority for any such improvements. Affiant has no knowledge of any paving liens of any kind or character or claims for paving outstanding against the Property, and Owner has signed no petitions and knows of no petitions being circulated, for the pavement of the streets, alleys or sidewalks adjacent to the Property. There are no unpaid debts, bills or daims for labor or services performed or materials furnished or delivered for alterations, repair work or new construction on the Property. In addition, there are no unpaid debts for plumbing fixtures, water heaters, floor furnaces, air conditioners, radio or television antennae, carpeting, rugs, sprinkler systems, venetian blinds, window shades, draperies, electric appliances, fences, street paving, or any personal property or fixtures that are located on the Property, and Owner has not signed or executed any contracts of sale, warranty deeds, deeds of trust, mechanic's lien contracts, time payment contracts or any other instrument affecting the Property (except those instruments pertaining to the transaction being closed by the title company under the GF No. shown above), and there are no chattel mortgages, conditional bills of sale, retention of title agreements, implied vendor's liens, security agreements, financing statements, or personal property leases affecting any fixtures, appliances or equipment now installed or located in or upon the Property or the improvements thereon, and all plumbing, heating, ventilation, lighting, refrigeration and other equipment is fully paid for, including bills for the repair thereof, except the following: 11 $ NONE IFt,W ORIGINAL AMOUNT CREDITOR NONE Except as set forth above, all debts or claims for labor and material used in construction of improvements on the Property have been paid, and there now are no unpaid labor or material claims against the improvements or the Property, and all sums of money for such improvements have been fully paid and satisfied. RTT 321 (REV. 4/04) CONTINUED ON THE FOLLOWING PAGE There are no loans or liens of any kind on the Property, recorded or unrecorded, except the following: APPROXIMATE AMOUNT DUE NONE �t. NONE CREDITOR IT IS UNDERSTOOD THAT THE PAYOFF AMOUNT(S) ON LOANS LISTED ABOVE IS/ARE IN ACCORDANCE WITH EITHER ORAL OR WRITTEN STATEMENTS GIVEN BY THE LENDING INSTITUTIONS OR INDIVIDUALS AND SHOULD ANY NOTEHOLDER REQUIRE ANY ADDITIONAL AMOUNT IN ORDER TO RELEASE SAID INDEBTEDNESS OR LIENS, OWNER SHALL PAY THAT ADDITIONAL AMOUNT AND HOLD THE TITLE COMPANY HARMLESS THEREFORE. There are no tenancies affecting the Property or persons occupying the same, and Owner and/or Owner's predecessors in title have not: (i) entered into any oral or written lease agreements, (ii) given permission to use, occupy or enter, (iii) otherwise granted any possessory rights of any nature whatsoever which are presently existing as of this date except: NONE The property is currently being used for the following purposes, and to the best knowledge and belief of Affiant, the improvements, if any, and such use do not violate any covenants affecting the property; Vacant Land The marital status of the undersigned Owner, if applicable, has not changed since acquisition of the Property. (If changed since acquisition, give details.) Owner has no delinquent child support payments, and has no knowledge of nor has received any notice of a claim for or lien to secure any such payments, except: The Property is not subject to any unrecorded rights -of -way, easements or party wall agreements. This affidavit is made to the purchaser and/or lender, and to the title company, as an inducement to them to complete the transaction referenced herein, and Affiant realizes that said purchaser and/or lender and title company are relying upon the representations contained herein and that said representations shall expressly survive closing and shall not merge into the deed from seller to purchaser, if any; and the undersigned Affiant does hereby swear under the penalties of perjury that the foregoing information is true and correct in all aspects. 4 f' EXECUTED effective as of the /,. day of MAY, 2023. 1 � .1..il �� •...� .4 .� s Kel STATE OF TEXAS § COUNTY OF COLLIN § This instrument was SWORN TO, SUBSCRIBED AND ACKNOWLEDGED before me this M- day of MAY, 2023, by John Hampton Rattan. Ato- 1130 yax---� o,Fp.Y P, LORMA BODDY No ary Public. State ejexas _ Notary Pubtfc State of Texas +, ID # 6470366 Comm. Expires 07/27/2024 CERTIFICATION OF NONFOREIGN STATUS (INDIVIDUAL) GF#:2018-377525-RU Section 1445 of the Internal Revenue Code provides that a transferee (buyer) of a U.S. real property interest must withhold tax if the transferor (seller) is a foreign person. For U.S. tax purposes (including Section 1445), the owner of a disregarded entity (which has legal title to a U.S. real property interest under local law) will be the transferor of the property and not the disregarded entity. To inform the transferee that withholding of tax is not required upon my disposition of a U.S. real property interest, I, Sohn Hampton Rattan hereby certify the following: 1. I am not a non-resident alien for purposes of U.S. income taxation; 2. My U.S. taxpayer identifying number (Social Security Number) is 3. My address is: 700 N. McDonald, McKinney, TX 75069 I understand that this certification may be disclosed to the Internal Revenue Service by transferee and that any false statement I have made here could be punished by fine, imprisonment, or both. Under penalties of pedury I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct, and complete. Date: May 12, 2023 A disregarded entity is defined in Sec. 1.1445-2 (b) (2) (iii) as "an entity that is disregarded as an entity separate from its owner under Sec. 301.7701-3 of this chapter, a qualified REIT subsidiary as defined in Section 856(i) , or a qualified subchapter S subsidiary under Section 1361(b) (3) (B)." CERTIFICATION OF NONFOREIGN STATUS CERTIFICATION OF NONFOREIGN STATUS (Corporation, Partnership, Trust, or Estate) GF#: 2018-377525-RU Section 1445 of the Internal Revenue Code provides that a transferee (buyer) of a U.S. real property interest must withhold tax if the transferor (seller) is a foreign person. For U.S. tax purposes (including Section 1445), the owner of a disregarded entity (which has legal title to a U.S. real property interest under local law) will be the transferor of the property and not the disregarded entity. To inform the transferee that withholding of tax is not required upon the disposition of a U.S. real property interest by The Rattan Family Trust dated December 11, 2000 (`Transferor"), the undersigned hereby certifies the following on behalf of Transferor: 1. Transferor is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); 2. Transferor is not a disregarded entity as defined in Sec. 1.1445-2 (b) (2) (iii); 3. Transferor's U.S. employer identification number 4. Transferor's office address is 700 N. McDonald St., McKinney, TX 75069. Transferor understands that this certification may be disclosed to the Internal Revenue Service by transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalties of perjury I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct, and complete, and I further declare that I have authority to sign this document on behalf of Transferor. Date: 05/12/2023 hn Ha mptA Rattan, Trustee of The Rattan Family Trust dated December 11, 2000 A disregarded entity is defined in Sec. 1.1445-2 (b) (2) (iii) as "an entity that is disregarded as an entity separate from its owner under Sec. 301.7701-3 of this chapter, a qualified REIT subsidiary as defined in Section 856(i) , or a qualified subchapter S subsidiary under Section 1361(b) (3) ($)." CERTIFICATION OF NONFOREIGN STATUS SURVEY AFFIDAVIT Reunion Title GF#: (2018)-377525 DATE OF SURVEY: August 11, 2021 PROPERTY: See attached Exhibit A. SURVEY: Survey prepared by Michael B. Arthur, RPLS # 5686, dated August 11, 2021. BEFORE the undersigned, a Notary Public duly commissioned and qualified in the jurisdiction shown, on this day personally appeared Affiant, known or sufficiently identified to the Notary, and Affiant, after having been duly sworn by the Notary, depose and state the following: AFFIANT is over the age of eighteen years, is fully competent to make this Affidavit and has personal knowledge of the matters stated herein. THE undersigned, having knowledge of the matter hereinafter set forth, after being duly sworn, deposes and states, that: THAT the undersigned is the owner or is employed by, or a representative of the owner of the Property (referenced above). The Owner understands that (i) the title company has been requested to provide certain survey coverage in its Owner and/or Loan Policy; (ii) typically a new survey is required in order to provide the requested title insurance coverage; and (iii) to reduce the costs, the title company is requested to provide the coverage to the Owner and/or Lender without the necessity or expense involved in a new survey. THAT the owner acquired the property by Warranty Deeds dated December 22, 2009, September 15, 2009, November 9, 2007 and August 7, 1933 and the undersigned knows the property well and is personally familiar with the property conditions on and after the date of the Survey. Accordingly, I am in the position to make the following factual representations. THAT since the effective date of the current Survey (referenced above), there have been: (i) no improvements or construction projects such as new structures, fences or development, or the like on the Property; (ii) no changes in the location of boundary fences or boundary walls; or (iii) no new improvements have been constructed on the Property which affects any building lines, easements or rights of way located on the Property or which encroach upon easements, rights of way or adjoining property. Since the effective date of the Survey, there have been: (iv) no changes in the location of boundary fences or boundary walls on the adjoining property which affect the Property; (v) no new improvements have been constructed on the adjoining property which affects any building lines, easements or rights of way located on the Property or which encroach upon easements or rights of way on the Property; or (vi) no new easements or any other changes which would alter the Survey or affect the accuracy of the certification on the Survey. I understand that Reunion Title as agent for First American Title Guaranty Company will cause to be issued a/an Owners Title Policy and/or Loan Policy, in reliance upon and in consideration of the factual representations set forth in this letter. I further understand that there are substantial civil and criminal penalties for knowingly making false statements in connection with a real estate loan transaction. THAT this Affidavit is made to Reunion Title Company and First American Title Guaranty (collectively called the "title company") as an inducement to them to complete the above referred transaction, and I realize that said title company, is relying upon the representations contained herein in insuring this transaction, and the #4036123 Page 1 of 3 Undersigned does/do hereby swear under the penalties of perjury that the foregoing information is true and correct in all respects. AFFIANT affirms the above statements. as true and correct. FURTHER Affiant sayeth not. 9bahn Hampton Rattan STATE OF TEXAS COUNTY OF COLLIN SUBSCRIBED AND SWORN TO BEFORE ME, this Ar day of May, 2023, by John Hampton Rattan. LOREfTA SODDY Notary public : State of Texas ID # 6470366 aF comm. Expires 07/2712024 #4036123 Page 2 of 3 EXHIBIT A Being a tract of land, situated in the Bastian Olivo Survey, Abstract No. 677, in Collin County, Texas and being a part of that called 56 acre tract and that called 147.48 acre tract, described by deed to John Rattan, as recorded under Document No. 20090915001153020, of the Official Public Records, Collin County, Texas (O.P.R.C.C.T.), said tract being more particularly described, as follows: BEGINNING at a 1/2" iron rod found in the southerly line of said 56 acre tract, same being the most northerly northwest corner of a called 275.697 acre tract of land, described by deed to S F Collin County, LLC, as recorded under Document No. 20190212000148160, O.P.R.C.C.T., same being the northeasterly corner of a called 40 acre tract of land, described by deed to R&D Aycock, Ltd., as recorded in Volume 5105, Page 2819, of the Deed Records, Collin County, Texas (D.R.C.C.T.), said corner also being in County Road No. 286, from which a 1" iron pipe found bears, South 01 °53'27" West, a distance of 943.18% THENCE North 89°48' 12" West, along the common line between said 40 acre and 56 acre tracts, same being along said County Road No. 286, a distance of 82.67' to a 1/2" iron rod with a yellow plastic cap stamped "RPLS 5686" set (herein after referred to as a capped iron rod set) for the southwesterly corner of the herein described tract; THENCE North 00010'04" East, over and across said 56 acre tract, a distance of 925.76' to a capped iron rod set for the northwesterly corner of the herein described tract, same being in the northerly line of said 56 acre tract, said corner also being in the southerly line of Tract 4 (called 35 acres), as described by deed to John Hampton Rattan, as recorded under County Clerk's File No. 96-0074204, D.R.C.C.T., said capped iron rod set being in an existing barbed wire fence line, from which a fence post found bears, North 89°10'30" West, a distance of 861.01% THENCE South 89°10'30" East, along said existing fence line, same being the southerly line of said Tract 4, same being along the northerly line of said 56 acre tract, a distance of 808.92' to a fence post found for an angle point; THENCE South 88'21'15" East, continuing along said existing fence line, same being the southerly line of said Tract 4, same being along the northerly line of said 56 acre and 147.48 acre tracts, a distance of 517.28' to a capped iron rod set for the northeasterly corner of the herein described tract, from which a fence post found bears, South 88°21' 15" East, a distance of 828.26 ; THENCE South 00°10'45" West, along the easterly line of the herein described tract, same being over and across said 147.48 acre tract, a distance of 916.60' to a capped iron rod set in County Road No. 286, same being the southerly line of said 147.48 acre tract, said corner also being in the northerly line of the aforementioned 275.697 acre tract, from which a 1/2" iron rod' found bears, South 89°12'49" East, a distance of 1267.03% THENCE North 89112'49" West, along the northerly line of said 275.697 acre tract, same being the southerly line of said 147.48 acre and 56 acre tracts, and also along said County Road No. 286, a distance of 1243.19' to the POINT OF BEGINNING and containing 1,223,849 square feet or 28.096 acres of land, more or less. #4036123 Page 3 of 3 F- FLU C, U LLQQZ,M� pap co��-�U o O��w��! �(DDN Cl) d0=U°,a 000 w000) LU U' O N z U N Q 2 O � W w r �� 7 � NO Z �U Q� U Q N z co LU � N hQZoU ULoornU �w2*� J 2 LL 0 QZU U=U O w LO N 0 00 00 07 LO 6 LLW W 0O U WX UO Z.. 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COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, FIRST AMERICAN TITLE GUARANTY COMPANY, a Texas corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from: (a) A defect in the Title caused by: (i) forgery, fraud, undue influence, duress, incompetency, incapacity or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired or otherwise invalid power of attorney; (vi) a document not properly filed, recorded or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. (d) Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or materials having its inception on or before Date of Policy. 3. Lack of good and indefeasible Title. 4. No right of access to and from the Land. (Covered Risks Continued on Page 2) In Witness Whereof, First American Title Guaranty Company has caused its corporate name to be hereunto affixed by its authorized officers as of Date of Policy shown in Schedule A. First American Title Guaranty Company W � X Sally French Tyler_ President (This Policy is valid only when Schedule A and B are attached) Lisa W. Cornehl. Secretary If this jacket was created electronically, it constitutes an original document. Form 5825548 (3-1-17) Page 1 of 14 TX T-1 Owner's Policy of Title Insurance (Rev. 1-3-14) Texas 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to: (a) the occupancy, use or enjoyment of the Land; (b) the character, dimensions or location of any improvement erected on the Land; (c) subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective: (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws by reason of the failure of its recording in the Public Records: (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to: (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement erected on the Land; (iii) subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is: (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. 6. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule A because of Unmarketable Title. Form 5825548 (3-1-17) Page 2 of 14 TX T-1 Owner's Policy of Title Insurance (Rev. 1-3-14) Texas Important Notice `'� FirtAr»�ra�ar� * r!� Title Guaranty Company ISSUED BY First American Title Guaranty Company IMPORTANT NOTICE To obtain information or make a complaint: You may call First American Title Guaranty Company's toll -free telephone number for information or to make a complaint at: 1-888-632-1642 You may also write to First American Title Guaranty Company at: 1 First American Way Santa Ana, California 92707 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www. tdi. state. tx. us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact First American Title Guaranty Company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY. This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puede llamar al numero de telefono gratis de First American Title Guaranty Company's para informacion o para someter una queja al: 1-888-632-1642 Usted tambien puede escribir a First American Title Guaranty Company: 1 First American Way Santa Ana, California 92707 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www. tdi. state. tx. us E-mail: ConsumerProtection@tdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el First American Title Guaranty Company primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. Form 5825548 (3-1-17) Page 3 of 14 TX T-1 Owner's Policy of Title Insurance (Rev. 1-3-14) Texas CONDITIONS DEFINITION OF TERMS. The following terms when used in this policy mean: (a) "Amount of Insurance": the amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company or other similar legal entity. (d) "Insured": the Insured named in Schedule A. (i) The term "Insured" also includes: (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title; (1) If the stock, shares, memberships, or other equity interests of the grantee are wholly -owned by the named Insured, (2) If the grantee wholly owns the named Insured, (3) If the grantee is wholly -owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly -owned by the same person or Entity, or (4) If the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C) and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": an Insured claiming loss or damage. (f) "Knowledge" or "Known": actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": the land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. Q) "Title": the estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE. The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) below, or (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. When, after the Date of the Policy, the Insured notifies the Company as required herein of a lien, encumbrance, adverse claim or other defect in Title insured by this policy that is not excluded or excepted from the coverage of this policy, the Company shall promptly investigate the charge to determine whether the lien, encumbrance, adverse claim or defect or other matter is valid and not barred by law or statute. The Company shall notify the Insured in writing, within a reasonable time, of its determination as to the validity or invalidity of the Insured's claim or charge under the policy. If the Company concludes that the lien, encumbrance, adverse claim or defect is not covered by this policy, or was otherwise addressed in the closing of the transaction in connection with which this policy was issued, the Company shall specifically advise the Insured of the reasons for its determination. If the Company concludes that the lien, encumbrance, adverse claim or defect is valid, the Company shall take one of the following actions: (i) institute the necessary proceedings to clear the lien, encumbrance, adverse claim or defect from the Title as insured; (ii) indemnify the Insured as provided in this policy; (iii) upon payment of appropriate premium and charges therefor, issue to the Insured Form 5825548 (3-1-17) Page 4 of 14 TX T-1 Owner's Policy of Title Insurance (Rev. 1-3-14) Texas CONDITIONS (Continued) Claimant or to a subsequent owner, mortgagee or holder of the estate or interest in the Land insured by this policy, a policy of title insurance without exception for the lien, encumbrance, adverse claim or defect, said policy to be in an amount equal to the current value of the Land or, if a loan policy, the amount of the loan; (iv) indemnify another title insurance company in connection with its issuance of a policy(ies) of title insurance without exception for the lien, encumbrance, adverse claim or defect; (v) secure a release or other document discharging the lien, encumbrance, adverse claim or defect; or (vi) undertake a combination of (i) through (v) herein. PROOF OF LOSS. In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. DEFENSE AND PROSECUTION OF ACTIONS. (a) Upon written request by the Insured, and subject to the options contained in Sections 3 and 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Sections 3 and 7, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction and it expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. DUTY OF INSURED CLAIMANT TO COOPERATE. (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is Form 5825548 (3-1-17) Page 5 of 14 TX T-1 Owner's Policy of Title Insurance (Rev. 1-3-14) Texas CONDITIONS (Continued) obligated to pay; or (ii) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of: (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 3 or 5 and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY. (a) If the Company establishes the Title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the Land, all as insured, or takes action in accordance with Section 3 or 7, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE. The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS. When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT. (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION. Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured, unless the Insured is an individual person (as distinguished from an Entity). All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. Form 5825548 (3-1-17) Page 6 of 14 TX T-1 Owner's Policy of Title Insurance (Rev. 1-3-14) Texas CONDITIONS (Continued) 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim, shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy or (iv) increase the Amount of Insurance. Each Commitment, endorsement or other form, or provision in the Schedules to this policy that refers to a term defined in Section 1 of the Conditions shall be deemed to refer to the term regardless of whether the term is capitalized in the Commitment, endorsement or other form, or Schedule. Each Commitment, endorsement or other form, or provision in the Schedules that refers to the Conditions and Stipulations shall be deemed to refer to the Conditions of this policy. 16. SEVERABILITY. In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid and all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM. (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured, and in interpreting and enforcing the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of laws principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT. Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at First American Title Guaranty Company, Attn: Claims National Intake Center, 1 First American Way, Santa Ana, California 92707. Phone: 888- 632-1642. Form 5825548 (3-1-17) Page 7 of 14 TX T-1 Owner's Policy of Title Insurance (Rev. 1-3-14) Texas Owner Policy of Title Insurance (T-1) ' Fir tAmeriew Title Guaranty Company Schedule A ISSUED BY First American Title Guaranty Company POLICY NUMBER 2018-377525-RU Name and Address of Title Insurance Company: First American Title Guaranty Company, 1 First American Way, Santa Ana, CA 92701. File No.: 2018-377525-RU Date of Policy: 05/18/2023 at 9:49 am Address for Reference only: 28.096 acres, Bastian Olivo Survey, Abstract No. 677, Anna, TX Amount of Insurance: $2,600,000.00 Premium: $12,503.00 Name of Insured: City of Anna, Texas The estate or interest in the Land that is insured by this policy is: FEE SIMPLE 3. Title is insured as vested in: City of Anna, Texas 4. The land referred to in this policy is described as follows: Being a tract of land, situated in the Bastian Olivo Survey, Abstract No. 677, in Collin County, Texas and being a part of that called 56 acre tract and that called 147.48 acre tract, described by deed to John Rattan, as recorded under Document No. 20090915001153020, of the Official Public Records, Collin County, Texas (O.P.R.C.C.T.), said tract being more particularly described, as follows: BEGINNING at a 1/2" iron rod found in the southerly line of said 56 acre tract, same being the most northerly northwest corner of a called 275.697 acre tract of land, described by deed to S F Collin County, LLC, as recorded under Document No. 20190212000148160, O.P.R.C.C.T., same being the northeasterly corner of a called 40 acre tract of land, described by deed to R&D Aycock, Ltd., as recorded in Volume 5105, Page 2819, of the Deed Records, Collin County, Texas (D.R.C.C.T.), said corner also being in County Road No. 286, from which a 1" iron pipe found bears, South 01153'27" West, a distance of 943.18'; THENCE North 89148'12" West, along the common line between said 40 acre and 56 acre tracts, same being along said County Road No. 286, a distance of 82.67' to a 1/2" iron rod with a yellow plastic cap stamped "RPLS 5686" set (herein after referred to as a capped iron rod set) for the southwesterly corner of the herein described tract; THENCE North 00010'04" East, over and across said 56 acre tract, a distance of 925.76' to a capped iron rod set for the northwesterly corner of the herein described tract, same being in the northerly line of said 56 acre tract, said corner also being in the southerly line of Tract 4 (called 35 acres), as described by deed to John Hampton Rattan, as recorded under County Clerk's File No. 96-0074204, D.R.C.C.T., said capped iron rod set being in an existing barbed wire fence line, from which a fence post found bears, North 89110'30" West, a distance of 861.01'; Form 5825548 (3-1-17) Page 8 of 14 TX T-1 Owner's Policy of Title Insurance (Rev. 1-3-14) Texas THENCE South 8901030" East, along said existing fence line, same being the southerly line of said Tract 4, same being along the northerly line of said 56 acre tract, a distance of 808.92' to a fence post found for an angle point; THENCE South 88021'15" East, continuing along said existing fence line, same being the southerly line of said Tract 4, same being along the northerly line of said 56 acre and 147.48 acre tracts, a distance of 517.28' to a capped iron rod set for the northeasterly corner of the herein described tract, from which a fence post found bears, South 88021'15" East, a distance of 828.26'; THENCE South 00010'45" West, along the easterly line of the herein described tract, same being over and across said 147.48 acre tract, a distance of 916.60' to a capped iron rod set in County Road No. 286, same being the southerly line of said 147.48 acre tract, said corner also being in the northerly line of the aforementioned 275.697 acre tract, from which a 1/2" iron rod found bears, South 89012'49" East, a distance of 1267.03'; THENCE North 89012'49" West, along the northerly line of said 275.697 acre tract, same being the southerly line of said 147.48 acre and 56 acre tracts, and also along said County Road No. 286, a distance of 1243.19' to the POINT OF BEGINNING and containing 1,223,849 square feet or 28.096 acres of land, more or less. Note: The company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of the land is not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes and does not override Item 2 of Schedule B hereof. By its issuing agent, New Reunion Title, LLC TITLE 1700 Redbud Boulevard, Suite 300 McKinney, TX 75069 (214)544-4090 Fax(214)544-4040 (This Schedule A is valid only when jacket and Schedule B are attached) Form 5825548 (3-1-17) Page 9 of 14 TX T-1 Owner's Policy of Title Insurance (Rev. 1-3-14) Texas FirstArnerican Title Guaranty Company Schedule B File No. 2018-377525-RU Owner Policy of Title Insurance (T-1) ISSUED BY First American Title Guaranty Company POLICY NUMBER 2018-377525-RU EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) that arise by reason of the terms and conditions of the leases and easements, if any, shown in Schedule A and the following matters: The following restrictive covenants of record itemized below: (the Company must either insert specific recording data or delete this exception) Item 1 of Schedule B is hereby deleted in its entirety. 2. Shortages in area 3. Homestead or community property or survivorship rights, if any, of any spouse of any Insured. 4. Any titles or rights asserted by anyone, including but not limited to, persons, the public, corporations, governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or to filled -in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the right of access to that area or easement along and across that area. Standby fees, taxes and assessments by any taxing authority for the year 2023, and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year. The following matters and all terms of the documents creating or offering evidence of the matters: (the Company must insert matters or delete this exception) a. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges, and immunities relating thereto, appearing in the Public Records whether Form 5825548 (3-1-17) Page 10 of 14 TX T-1 Owner's Policy of Title Insurance (Rev. 1-3-14) Texas listed in Schedule B or not. There may be leases, grants, exceptions or reservations of mineral interest that are not listed. Mineral lease together with all rights, privileges and immunities incident thereto, to The Pure Oil Company from Sue Evelyn Rattan described in instrument filed 08/25/1944, recorded in Volume 351, Page 288, Real Property Records, Collin County, Texas. Company makes no representation as to the present ownership of any such interests. C. Mineral lease together with all rights, privileges and immunities incident thereto, to Sun Oil Company from Sue Evelyn Rattan described in instrument filed 02/21/1966, recorded in Volume 669, Page 1, Real Property Records, Collin County, Texas. Company makes no representation as to the present ownership of any such interests. d. Terms, provisions, conditions, and easement contained in Easement Agreement by and between Sue Evelyn Rattan and Joe H. Warren, Jr. Trustee, filed 07/26/1979, recorded in Volume 1185, Page 754, Real Property Records, Collin County, Texas. e. Easement granted by John A. Rattan to Grayson Collin Electric Cooperative, filed 07/18/2003, recorded in Volume 5462, Page 6266, Real Property Records, Collin County, Texas. Easement granted by John Hampton Rattan, Rattan Properties, LTD, Estate of Dow Rattan,Estate of Sue Rattan to City of Anna, filed 02/11/2009, recorded in cc# 2009021100127630, Real Property Records, Collin County, Texas. g. Terms, provisions, and conditions of Memorandum of Post -Closing Agreement filed 05/18/2023, recorded in cc# 202300054640, Real Property Records, Collin County, Texas. h. Section 14 of the Conditions of this Policy is hereby deleted. Form 5825548 (3-1-17) Page 11 of 14 TX T-1 Owner's Policy of Title Insurance (Rev. 1-3-14) Texas '� Frrsf �#r»errlari -. Title Guaranty ory' npan RESTRICTIONS, ENCROACHMENTS, MINERALS - OWNER POLICY ENDORSEMENT (T-19.1) Issued by First American Title Guaranty Company Attached to Policy No.: 2018-377525-RU File No.: 2018-377525-RU 1. The insurance provided by this endorsement is subject to the exclusions in Section 5 of this endorsement; and the Exclusions from Coverage, the Exceptions from Coverage contained in Schedule B, and the Conditions in the policy. For the purposes of this endorsement only: a. "Covenant" means a covenant, condition, limitation or restriction in a document or instrument in effect at Date of Policy. b. "Improvement" means a building, structure, road, walkway, driveway, or curb, affixed to either the Land or adjoining land and that by law constitutes real property, but excluding any crops, landscaping, lawn, shrubbery, or trees. c. "Private Right" means (i) an option to purchase; (ii) a right of first refusal; or (iii) a right of prior approval of a future purchaser or occupant. 3. The Company insures against loss or damage sustained by the Insured by reason of: a. A violation on the Land at Date of Policy of an enforceable Covenant, unless an exception in Schedule B of the policy identifies the violation; b. Enforced removal of an Improvement located on the Land at Date of Policy as a result of a violation, at Date of Policy, of a building setback line shown on a plat of subdivision recorded or filed in the Public Records, unless an exception in Schedule B of the policy identifies the violation; c. A notice of a violation, recorded in the Public Records at Date of Policy, of an enforceable Covenant relating to environmental protection describing any part of the Land and referring to that Covenant, but only to the extent of the violation of the Covenant referred to in that notice, unless an exception in Schedule B of the policy identifies the notice of the violation; or d. Enforcement of a Private Right in a Covenant affecting the Title at Date of Policy based on a transfer of Title on or before Date of Policy that causes a loss of the Insured's Title. 4. The Company insures against loss or damage sustained by reason of: a. An encroachment of: i. an Improvement located on the Land, at Date of Policy, onto adjoining land or onto that portion of the Land subject to an easement; or ii. an Improvement located on adjoining land onto the Land at Date of Policy unless an exception in Schedule B of the policy identifies the encroachment otherwise insured against in Sections 4.a.i. or 4.a.ii.; or b. A final court order or judgment requiring the removal from any land adjoining the Land of an encroachment identified in Schedule B; or c. Damage to an Improvement located on the Land, at Date of Policy that is located on or encroaches onto that portion of the Land subject to an easement excepted in Schedule B, which damage results from the exercise of the right to maintain the easement for the purpose for which it was granted or reserved; or d. Damage to a Permanent Building located on the Land on or after Date of Policy, resulting from the future exercise of a right to use the surface of the Land for the extraction or development of minerals Form 5825548 (3-1-17) Page 12 of 14 TX T-1 Owner's Policy of Title Insurance (Rev. 1-3-14) Texas or any other subsurface substances excepted from the description of the Land or excepted in Schedule B. 5. This endorsement does not insure against loss or damage (and the Company will not pay costs, attorneys' fees, or expenses) resulting from: a. any Covenant contained in an instrument creating a lease; b. any Covenant relating to obligations of any type to perform maintenance, repair, or remediation on the Land; c. except as provided in Paragraph 3.c, any Covenant relating to environmental protection of any kind or nature, including hazardous or toxic matters, conditions, or substances; d. contamination, explosion, fire, fracturing, vibration, earthquake, or subsidence; or e. negligence by a person or an Entity exercising a right to extract or develop minerals or other subsurface substances. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. First American Title GU2r2nty Company N-i r is Ices #1 W � Sally French Tyler. President Lisa W_ Cornehl. Secretary Form 5825548 (3-1-17) Page 13 of 14 TX T-1 Owner's Policy of Title Insurance (Rev. 1-3-14) Texas TITLE Reunion Title A M E R r C PRIVACY STATEMENT imtAmehcan Title Effective: October 1, 2019 Notice Last Updated: January 19, 2023 This Privacy Notice describes how First American Financial Corporation, Reunion Title and their subsidiaries and affiliates (together referred to as "Reunion," "we," "us," or "our' collect, use, store, and share your information. This Privacy Notice applies to information we receive from you offline only, as well as from third parties, when you interact with us and/or use and access our services and products ("Products'. For more information about our privacy practices, including our online practices, please visit httos://reuniontitle.com/r)rivacv.htmi. This Policy applies to information we collect from or about you: (1) when you access or use our mobile applications ("Applications"), websites ("Websites") or products and/or services ("Products"); (2) when you communicate with us in any manner, including by email, telephone. and/or in persons and (3) from third party sources. Acknowledgement Please read this Policy carefully. The practices described herein are subject to the laws in the places in which we operate. BY ACCESSING AND/OR USING OUR APPLICATIONS, WEBSITES, AND/OR PRODUCTS, OR BY COMMUNICATING WITH US IN ANY MANNER, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THIS POLICY. What Type Of Information Do We Collect About You? We collect a variety of categories of information about you. To learn more about the categories of information we collect, please visit https://reunfontitle.com/privacy.html. How Do We Collect Your Information? We collect your information: (1) directly from you; (2) automatically when you interact with us; and (3) from third parties, including business parties and affiliates, to learn more, please visit https://reuniontitle.com/privacy.html. How Do We Use Your Information? We may use your information in a variety of ways, including but not limited to providing the services you have requested, fulfilling your transactions, comply with relevant laws and our policies, and handling a claim. To learn more about how we may use your information, please visit https://www.reuniontitle.com/privacy. html. How Do We Share Your Information? We do not sell your personal information. We only share your information, including to subsidiaries, affiliates, and to unaffiliated third parties: (1) with your consent; (2) in a business transfer; (3) to service providers; and (4) for legal process and protection. To learn more about how we share your information, please visit https://www.reuniontitle.com/privag;y.htmi. How Do We Store and Protect Your Information? The security of your information is important to us. Although no system can guarantee the complete security of your information, we take all commercially reasonable steps to insure your information is protected in alignment with all applicable laws and regulations, as appropriate to the sensitivity of your information, to learn more, please visit https://www.reuniontitle.com/privacy.htmi. How Long Do We Keep Your Information? We keep your information for as long as necessary in accordance with the purpose for which it was collected, our business needs, and our legal and regulatory obligations. If we dispose of your information, we will do so in a way that is secure and appropriate to the nature of the information subject to disposal, to learn more, please visit httos://www.reuniontitle.com/privacy.htmi Your Choices We provide you the ability to exercise certain controls and choices regarding our collection, use, storage, and sharing of your information. You can learn more about your choices by visiting httos://www.reuniontitle.com/privacy.htmi. International Jurisdictions: Our Products are offered in the United States of America (US), and are subject to US federal, state, and local law. If you are accessing the Products from another country, please be advised that you may be transferring your information to us in the US, and you consent to that transfer and use of your information in accordance with this Privacy Notice. You also agree to abide by the applicable laws of applicable US federal, state, and local laws concerning your use of the Products, and your agreements with us. We may change this Privacy Notice from time to time. Any and all changes to this Privacy Notice will be reflected on this page, and where appropriate provided in person or by another electronic method. YOUR CONTINUED USE, ACCESS, OR INTERACTION WITH OUR PRODUCTS OR YOUR CONTINUED COMMUNICATIONS WITH US AFTER THIS NOTICE HAS BEEN PROVIDED TO YOU WILL REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THIS PRIVACY NOTICE. For California Residents If you are a California resident, you may have certain rights under California law, including but not limited to the California Consumer Privacy Act of 2018 ("CCPA'. All phrases used in this section shall have the same meaning as those phrases are used under California law, including the CCPA, to learn more, please visit https://www.reuniontitle.com/privacy.htmi Right to Know. You have a right to request that we disclose the following information to you: (1) the categories of personal information we have collected about or from you; (2) the categories of sources from which the personal information was collected; (3) the business or commercial purpose for such collection and/or disclosure; (4) the categories of third parties with whom we have shared your personal information; and (5) the specific pieces of your personal information we have collected. To submit a verified request for this information, you may email us at dataprivacy@Reuniontitle.com or call Peter Graf at 1-214-855-8888. You may also designate an authorized agent to submit a request on your behalf by emailing ditt@gtgReuniontrde.com or by calling Peter Graf at 1-214-855-8888. Right of Deletion. You also have a right to request that we delete the personal information we have collected from and about you. This right is subject to certain exceptions available under the CCPA and other applicable law. To submit a verified request for deletion, you may email us at dataprivaWReunioniide.com or call Peter Graf at 1-214-855-8888. You may also designate an authorized agent to submit a request on your behalf by emailing datap06xy2Reuniontille.com or by calling Peter Graf at 1-214-855-8888. Verification Process. For either a request to know or delete, we will verify your identity before responding to your request. To verify your identity, we will generally match the identifying information provided in your request with the information we have on file about you. Depending on the sensitivity of the information requested, we may also utilize more stringent verification methods to verify your identity, including but not limited to requesting additional information from you and/or requiring you to sign a declaration under penalty of perjury. Notice of Sale. We do not sell California resident information, nor have we sold California resident information in the past 12 months. We have no actual knowledge of selling the information of minors under the age of 16. Right of Non -Discrimination. You have a right to exercise your rights under California law, including under the CCPA, without suffering discrimination. Accordingly, Reunion will not discriminate against you in any way if you choose to exercise your rights under the CCPA, to learn more, please visit httos://www.reuniontitle.com/privacy.htmi. Notice of Collection. To learn more about the categories of personal information we have collected about California residents over the last 12 months, please see "What Information Do We Collect About You" in https://www.reuniontitle.com/privacy.htmi. To learn about the sources from which we have collected that information, the business and commercial purpose for its collection, and the categories of third parties with whom we have shared that information, please see "How Do We Collect Your Information", "How Do We Use Your Information", and "How Do We Share Your Information" in httos://www.reuniontitle.com/r)rivacv.htmi. Notice of Sale. We have not sold the personal information of California residents in the past 12 months. Notice of Disclosure. To learn more about the categories of personal information we may have disclosed about California residents in the past 12 months, please see "How Do we Use Your Information" and "How Do We Share Your Information" in httos://www.reuniontitle.com/privacy.htmi. Form 5825548 (3-1-17) Page 14 of 14 TX T-1 Owner's Policy of Title Insurance (Rev. 1-3-14) Texas