Document

Midland County Alison Haley unty Clerk s TAT cs «a io NA Instrument Number: 2018-14652 1 Recording after Aug 2005 ws go Billable Pages: ges: 81 Number of Pages: 82 Recorded On: Ma as oo” a wo” wo” Comment: DECLARATION ( Parties listed above are for Clerks reference only ) Recording after Aug 2005 346.00 Total Recording: 346.00 so cot gh? i” ext as Ow Ge ws ws o ow go? 9° ie os RECORDER'S MEMORANDUM aa ee eae inadequate lographi of legibility, carbon or photo copy, discolored paper, etc. All blockouts, additions and changes were present at the time the instrument was filed and recorded.

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: 2018-14652 ows ow Receipt Number: 572216 ¢ Qe DISMUKE & WATERS, P.C. , de A * Recorded Date/Time: May 22, 2018 1g ATTN: JENNA BRADRICK ir 2000 E LAMAR BLVD., STE 500 NY) User / Station: C ggutee ARLINGTON TX 76006 ext qnullieu, \ AN " Sie sti of Texas s & 5% County of Midland if SF I hereby certify that this instrument was FILED on the date and at the time stamped hereon by me and wssiayow § SH RECORDED in the named RECORDS of Midland County, Texas as stamped hereon. Ww % Te “Yinka ly baek Pius County Clerk f Midland County, Texas . cots : “ogee yr yee gee Xearron AND SHARED COMMON AREA & IMPR NTS os MAINTENANCE AND COST SHARING AG oe THIS DECLARATION AND SHARED comyephtkien & IMPROVEMENTS MAINTENANCE AND COST SHARING AGREEMENT ® executed as of the 11th day of May,

SHARED COMMON AREA & IMPR NTS os MAINTENANCE AND COST SHARING AG oe THIS DECLARATION AND SHARED comyephtkien & IMPROVEMENTS MAINTENANCE AND COST SHARING AGREEMENT ® executed as of the 11th day of May, 2018, by and among PARKS BELL RANCH ASSOCIATION, INC., a Texas corporation, and 2012 CROSS B, L.L.C., a Texas limited liability company.

RECITALS A. Declarant (as defined below) is in the process of creating a mixed-used development project known as the “Parks Bell Ranch North Master Plan” in Section 45 of Ector County, Texas and Section 46 of Ector County, Texas and Midland County, Texas, which is more specifically described on Exhibit “A” a hereto and incorporated herein by reference. 9s 9 9 B. Declarant intends go the Acreage (as defined herein below) be subject to the xO mutual covenants, restricti Giid easements set forth in this Declaration (as defined beloyk XN provided however, thai in Excluded Property (as defined below) has been previousl Yor is currently undey ge Mtract, and will not be subject this Declaration. ex G OW ws Declarant intends to create the Association (as defined gan to have and to e GX the rights and duties, and to perform on behalf of, and a t for, the Owners (as . inafter defined), the functions set forth in this Declaration ( ne. but not limited to, the we maintenance of Shared Common Area Property and impragen' (as defined below) and the assessing, collecting and disbursing Shared Common Area Expenses (as defined below) provided for herein.

D. Additionally, Declarant also now owns, or may own in the future, Property Subject to Annexation (as defined below), which Declarant may desire to incorporate into the Development, and Declarant has reserved the right, but will not be obligated, to incorporate the

, Property Subject to Annexation (as defined below), which Declarant may desire to incorporate into the Development, and Declarant has reserved the right, but will not be obligated, to incorporate the Property Subject to Annexation, in whole or in part, in the Development established under this Declaration, all as provided in Article VII below, so that the Property Subject to Annexation, if and when annexed, will be treated as an integral part of the Development, and which will increase the Shared Common Area Property aa womens to be maintained by the Association, and the number of Members of the Asse@§ E acne acxe E. Declare iefed pursuant hereto to grant to the Association easem Ws portions of its a ft the common benefit of the Owners and Association, purs the terms set forth elow. ce ows ws “SS go Specifically, Declarant has agreed to grant to the Asgogpits an easement on Bor of a separate tract more specifically described on Exhi ”, attached hereto and we corporated herein by reference (collectively referred to “Ww nt Easement Property”).

Declaration and Shered Common Area & Improvements Maintenance-and Cost Sharing Agreement - Page 1 G. Out of the Ment roads have been dedicated to the City of Odessa cre adjacent to the roads AY in sidewalks and thoroughfare or enhanced medians. Such area and common ene s will be maintained as a part of an encroachments pe iia more eferred to as “Improvements” (collectivets a p ). nn am The Association, Declarant and its successors and asgi&ys will also establish certain aSMixedus -use design guidelines (the “Design Guidelines”) w be implemented by a Design Ww Review Committee as the Design Guidelines are establish om time to time by the Declarant

so establish certain aSMixedus -use design guidelines (the “Design Guidelines”) w be implemented by a Design Ww Review Committee as the Design Guidelines are establish om time to time by the Declarant pursuant to its rights as contained therein and herein.

I. The Association, Declarant and its successors and assigns desire to establish for the benefit of each of the specific tracts located within the Development made subject to this Declaration, certain covenants providing for the maintenance of the Shared Common Area Property and Improvements and the sharing of the costs associated therewith.

AGREEMENT: NOW, THEREFORE, in cannon of the above background facts and other good and ow valuable consideration, the re d sufficiency of which are hereby acknowledged, the, ge Association and Declarant ggRHY agree as follows: K\O wy yo’ ses ARTICLE I ses G DEFINITIONS G ws “J ¢o) Definitions Unless otherwise defined in this Decl EM he following words \2) aohtn used in this Declaration (unless the context shall other aw y indicate or prohibit) shall we have the following meanings: (a) “Acreage” shall mean Acreage as shown on the Plat, as amended from time to time, and designated as “Acreage” thereon and as shown on the Plat; provided, however, that the term “Acreage” as used in this Declaration shall not include the areas comprising the public street right of way, or any of the Excluded Property. If and to the extent that any Property Subject to Annexation is annexed pursuant to Article VII below, the term Acreage” shall also include any Acreage described in the Plat recorded in the Real Property Records of Ector County, Texas or Real Property Records of Midland County, Texas relating to such annexation of the Property Subject to Annexation.

described in the Plat recorded in the Real Property Records of Ector County, Texas or Real Property Records of Midland County, Texas relating to such annexation of the Property Subject to Annexation.

(b) “Assessment” sug oR meaning ascribed to it in Section 5.1 below. so (c) sega shall have the meaning ascribed to it in Section 5.6 oe goon Statement” shall have the meaning ascribed to it in sega below.

“Association” shall mean the non-profit corporation ceo: the laws of the oot s Texas under the name, “Parks Bell Ranch aX. r such other name as is elected by Declarant or Declarant’s successors. wo” gs” Declaration and Shared Common Area & Improvements Maintenance and Cost Sharing Agreement - Page 2 cows 1464 Tw’ (f) “Assocation GMs” shall mean the Certificate of Formation, as amengager from time to time, a ylaws, as amended from time to time, and the Tene certifications ado Ka the Association from time to time. \A We ye G us “Board” shall mean the board of directors of the AssociatioggtWiected from time toi AN rsuant to the Association Documents. yg . XS ; . NO ced liabili wr (h) Declarant” shall mean 2012 Cross B, LLC, limited liability company, and its successors and any assignee of Declarant to whom Decl¥fant, by written instrument recorded in the Real Property Records of Ector County, Texas, and Real Property Records of Midland County, Texas, expressly assigns all of Declarant’s rights and obligations as Declarant under this Declaration. No Person (as hereinafter defined) purchasing one (1) or more Acreage shall be considered a “Declarant”, unless Declarant makes the express and specific written assignment referenced in the immediately preceding sentence.

(i) “Declarant Easement Property” shall have the meaning ascribed in the Recitals of this Declaration.

kes the express and specific written assignment referenced in the immediately preceding sentence.

(i) “Declarant Easement Property” shall have the meaning ascribed in the Recitals of this Declaration.

(j) “Declaration” sha gow! this Declaration and Shared Common Area & cot Improvements Maintenance an PN Sharing Agreement, and all amendments and modificatio ge thereto filed for record int | Property Records of Ector County, Texas, and the Real Pro Records of Midland CAMMY, Texas.

oye aa, ye* (k) AN esign Guidelines” shall mean the Mixed Use Design Guidekige s established i 0 time by the Declarant for the purposes of managing t ity, aesthetics and ae NS ency of the improvements to the Property. A we ¢)) “Development” shall mean the Property, NVSmmonly known as “Parks Bell Ranch North Master Plan.”

(m) “Easements” shall collectively mean: (i) the Declarant Easement Property; and (ii) | any additional property over which the Association may be granted an easement by any Person from time to time hereafter.

(n) “Effective Date” shall mgan\May 1, 2018.

wes cow ; . a (0) “Included Pr oe shall mean the real property described on Exhibit Pac?

attached hereto and neg herein by reference. ye NA (p) eye Minitees” shall have the meaning ascribed to it in Section 8.3 Epes: v dS N oe hr?

Declaration and Shared Common Area & Improvements Maintenance and Cost Sharing Agreement - Page 3 14652 (r) *Major Tenant” aot who leases from an Owner contiguous space 10, Gol NN square feet in area or greate aN aw yy Ne a o (t XN) ortgagee’ shall mean the holder of a mortgage, deed of nea security interest in nga as security for the performance of an obligation. gv

10, Gol NN square feet in area or greate aN aw yy Ne a o (t XN) ortgagee’ shall mean the holder of a mortgage, deed of nea security interest in nga as security for the performance of an obligation. gv «or (u) “Notice of Unpaid Assessments” shall have geo Mine ascribed to it in Section .7 below.

(s) “gg r “Members” shall mean each Owner of Acreage.

(v) “Owner” or “Owners” shall mean each and every Person who is a record owner of a fee or undivided fee interest in any Acreage; provided however, “Owner” shall not include Persons who hold a Mortgage in Acreage as security for the performance of an obligation.

(w) “Period of Declarant Control” shall have the meaning as set forth in Section 9.10 hereof.

(x) “Person” or “Persons” we any natural person, corporation, partnership, trust or other legal entity. yo (y) “Property” yok, (i) the real property situated in the City of Odessa, E ageo® County, Texas or Odes idland County, Texas (as the case may be), more paryyy described on age any and all improvements thereon, and (ii) those portion seth abo the Property SuyS Annexation, including, without limitation, and any an Si Srovements oan in, that, from time to time, are annexed to and made su is Declaration o the terms of any Supplemental Declaration made and rec n Ser ondance with the Ga of Article VII of this Declaration; provided, howe he term “Property” shall wo specifically include for all purposes the “Included Property qi (z) “Property Subject to Annexation” shall mean and refer, collectively, to such other tracts of land, if any, whether or not the same is adjacent to and/or contiguous with the thenexisting Property, that Declarant elects, in its sole discretion, to annex and make subject to any Supplemental Declaration in accordance with Article VII below.

nt to and/or contiguous with the thenexisting Property, that Declarant elects, in its sole discretion, to annex and make subject to any Supplemental Declaration in accordance with Article VII below.

(aa) “Pro Rata Share” shall mean the percentages determined for each Member by dividing the total square footage of all Acreage owned by that Member, by the total square footage of all Acreage owned by of all Members in the Association, and such Pro Rata Share shall be adjusted from time to time as and when wr” Member becomes a party to this Declaration.

(bb) “Shared Com which the Association sh wae during 2018 and any calendar year thereafter in connectio performing its obligati oF duties under this Declaration with respect to the Shared Mion Area Property gexgdbrovemens including, without limitation, any amounts Paiqne v \s co (i) utilities (including the cost of water and electricity gb costs to maintain, \ repair, and replace taps, valves, and Qa utility equipment and wo” infrastructure), ww” Declaration and Shared Common Area & Improvements Maintenance and Cost Sharing Agreement - Page 4 a rene? shall mean all amounts of every kind and nature ye cov so cov WW W wer" or (ii) permits eet to comply with legal requirements, aa (iii) ne labor, materials, tools, and equipment used to light, operate ntain, clean, landscape, and irrigate the Shared Common Ar rag} ge and Improvements, gre oo (iv) cost of insuring any of the Shared Compaq Sh Property and G Improvements against casualty loss; a \ (v) taxes; we (vi) management fees paid to any management company hired by Association, (vii) any costs related to the replacement of any Shared Common Area Improvements that, in the Association’s reasonable judgment, have

agement fees paid to any management company hired by Association, (vii) any costs related to the replacement of any Shared Common Area Improvements that, in the Association’s reasonable judgment, have exceeded their useful life, are obsolete, or have been damaged beyond reasonable repair; and (viii) such other costs and expenses as may be approved by the Association, which approval w a be unreasonably withheld, conditioned, or delayed. RY) (cc) “Shared Comm ays Improvements” shall mean any improvements that are in, ce on, or under the sean C Area Property, including, but not limited to, the Improvem any and all landse YM irrigation system, lights, lighting systems, water well fa iJiNY End drainage nes rks, monument signage, perimeter walls, planters, entry Ikways, =a and other berms, led ¢ wells, retaining walls, markers, poles, flags, water yy ne “aa that may be approved by the Association.

wr” (dd) “Shared Common Area Property” shall collect an ve he folowing (i) the Declarant Easement Property; (ii) the Irrigation Property; and (iii) | any property for which the Association may hereafter become obligated, to maintain, improve, or preserve (whether or not reflected by a maintenance agreement or shown on the Plat), including without limitation estates in fee, estates for term of years, or easements.

(ee) “Shared Common Area Preperty and Improvements” shall mean, collectively, the NI (i) Shared Common Area Property ees hared Common Area Improvements. or \O (ff) “Special pag Rights” shall have the meaning set forth in Section 9.10 bY (gg) gett Declaration” shall mean and refer to any ue ea exertion of Coven \ ditions, Restrictions and Easements for the Parks Bell Ranch Se taster Plan that eat e and entered into for the purposes of annexing AR i roperty to this

ean and refer to any ue ea exertion of Coven \ ditions, Restrictions and Easements for the Parks Bell Ranch Se taster Plan that eat e and entered into for the purposes of annexing AR i roperty to this aw ation and extending the plan of this Declaration to such 2g eal property.

ws Declaration and Shared Common Area & Improvements Maintenance and Cost Sharing Agreement - Page 5 we ge belong to the Association and its agents, employees, desig «oe W \ Onin a "Member of the Association so long as such i SAN vo" 14465205 TICLE Il Ee?

\ «vO eat POSE & MEMBERSHIP yo 2.1 raKe iy the Association. The Association shall have and exe oe aad) hts, and shall en e functions of, the Association for the benefit of, and as oO e Owners as set ae this Declaration.

a Membership. Every Owner (including err xab Sa be and must wner. The membership of a Person in the Association shall terminate automatically w We: such Person ceases to be an Owner, except that such termination shall not release or relieve such Person from any liability or obligation arising under this Declaration during such Person’s period of ownership. Any transfer of title to Acreage shall operate automatically to transfer membership in the Association appurtenant to such Acreage to the new Owner of such Acreage.

ARTICLE Ill EASEMENTS GRANTED TO ASSOCIATION 3.1 Grant of Easements by Declarant. For the consideration of TEN AND NO/100 Dollars ($10.00) and other good andi consideration, the receipt and sufficiency of which cow is hereby acknowledged, Declar ae es hereby GRANT, BARGAIN, SELL and CONVEY unto ge the Association an easeme er and across the Declarant Easement Property for the purpog&N of Association’s peri hstallation, maintenance, repair, and replacement of Ree

BARGAIN, SELL and CONVEY unto ge the Association an easeme er and across the Declarant Easement Property for the purpog&N of Association’s peri hstallation, maintenance, repair, and replacement of Ree Common Area got and Improvements in accordance with Article IV below. ce aes Agents and Representatives. The right to use each of a gti dnents described ontractors, Successors assigns, and all those acting by or on behalf of the Associgagas Right of Ingress and Egress. Association Ws have the right of ingress, egress, entry a access in, to, through, on, over, under, and across each of the Easements and where same intersect any public road or public right-of-way or other easement to which Association has the right to access, for any and all purposes necessary and/or incident to the exercise by the Association of the rights granted to it by this Declaration.

3.4 No Interference. No above-ground or below-ground obstruction that may interfere with the purposes for which the Easements are being acquired may be placed, erected, installed or permitted upon the Easements without the written permission of the Association. In the event the terms of this paragraph are violated, su GON Sociatio shall immediately be eliminated upon receipt YI of written notice by the Owner fro ssociation, or the Association shall have the immediate ov right to correct or eliminate ee Gaon at the sole expense of the violating Owner. Each ne ge granting an Basement Hera r, and their respective successors and assigns, further agree Oe they will not interfere iNdhy any improve es hether above or below ground, installed subsequent t Asoo \. 2 ires possession of the Easements, may be removed by oe liabifitydY damages. yo vk manner with the purposes for which the Easements are wate and ate that ion without W

installed subsequent t Asoo \. 2 ires possession of the Easements, may be removed by oe liabifitydY damages. yo vk manner with the purposes for which the Easements are wate and ate that ion without W Declarat'on and Shared Common Area & Improvements Maintenance and Cost Sharing Agreement -Page6 ; 14ece 3.5 Character of Egat The Easements granted to Association hereinabove are , \G each appurtenant to and runaX e land, and any portions thereof. The Easements are each geo the benefit of the Assacg , and its heirs, successors, and assigns. The Easements We exclusive, perpetughai irrevocable. WR ge ge ws ARTICLE IV ws co MAINTENANCE OF SHARED COMMO¥ go? AREA PROPERTY & IMPROVENE SDS Ww 4.1 General. The Association shall maintain, MW, clean, repair and keep in good condition all of the Shared Common Area Property and Improvements in accordance with applicable laws. Such maintenance of the Shared Common Area Property and Improvements shall consist of maintaining, inspecting, cleaning, and repairing any landscaping, irrigation system, lights, lighting systems, water well facilities and drainage lines, sidewalks, monument signage, perimeter walls, planters, entry ways, walkways, berms, ledges, tree wells, retaining walls, markers, poles, flags, water features, fountains, and all other Shared Common Area Property and Improvements. The Association may, from time to time, contract with Declarant or any independent community association management company or similar management company to perform the obligations of the Associate hereunder, and pay Declarant or such management company a reasonable fee related th cots 4.2 Payment fagttiared Common Area Expenses. The Association shall adv «

ligations of the Associate hereunder, and pay Declarant or such management company a reasonable fee related th cots 4.2 Payment fagttiared Common Area Expenses. The Association shall adv « the funds to pay the cont cleaning, maintaining, inspecting, repairing and replacing inewyor Common Area fete and Improvements, and any other costs incurred by Mation in fulfilling it “fh pursuant to Section 4.1 above. All Shared Common Are fs ses shall be reasonahyews bona fide. In no event shall Shared Common Area Expens Sint e (1) any utility e , Including, without limitation, charges for electricity or watarNgManating from a utility wv er that does not exclusively serve the Shared Common Are opty and Improvements, and we (ii) any material upgrade in the quality of the Shared Co ‘ea Property and Improvements from the levels existing on the Effective Date of this Declaration without the consent of the Association; provided, however, nothing herein shall limit the Association’s right to repair and replace Shared Common Area Property and Improvements that are obsolete, have been damaged by casualty loss of any type, or which are beyond their useful life due to reasonable wear and tear.

In addition, Shared Common Area Expenses shall not increase by more than ten percent (10%) each calendar year on a non-cumulative basis. Notwithstanding the foregoing, the parties agree and acknowledge that the following are non-controllable expenses and shall not be subject to the foregoing cap: taxes, insurance, utilities, repair & replacement costs and capital improvements required by laws not in place as of the Effective Date of this Declaration.

tilities, repair & replacement costs and capital improvements required by laws not in place as of the Effective Date of this Declaration.

Notwithstanding the other p aes in this Declaration, an Owner is liable to the Association. cre for the costs to repair ae any and all damage to Shared Common Area Property ay .

Improvements causeg WY e Owner or the Owner’s invitees, employees, agents, or in ent G se Oo ws . \) ao Incurring of Shared Common Area Expenses. By J f each year, the Qotistin will provide each of the Owners a written budget esti Shared Common Area ws xpenses for the ensuing calendar year. In formulating the. t, the Association shall act \ Declaration and Shared Common Area & Improvements Maintenance and Cost Sharing Agreement - Page 7; we we or?

commensurate for the Deve Area Property and I ments that may result due to inclusion of Property Sun Annexation pursuagny. ny Supplemental Declaration. The Association shall (a) use RS able efforts to kee ted Common Area Expenses within the budget, and (b) prongyy hotify the reasonably and in good faith aon regard to the appropriate level of maintenance 4 Owners j Association determines that it is likely that the Budget will be@bbeeded by more th ercent (10%). yg 4.5 Self-Help Rights. In the event the Associ ils to perform its obligations required by this Declaration, Declarant may give written noWte to the Association specifying the nature of the breach and the reasonable requirements to cure the breach. If the Association fails to comply with the requirements set forth in such notice within twenty (20) days of a receipt or deemed receipt thereof, then Declarant may, upon notice to the Association, perform such

ociation fails to comply with the requirements set forth in such notice within twenty (20) days of a receipt or deemed receipt thereof, then Declarant may, upon notice to the Association, perform such obligations and recover from each of the other Owners its Pro Rata Share of the reasonable costs therefor, with the Declarant exercising all of the rights as the Association with regard to such collection, including those rights and remedies set forth Article V below.

ARTICLE V REPORTING AND REIMBURSEMENT FOR SHA MON AREA EXPENSES * e amount of actual Shared Common Area Expenses for th alendar ‘NO “Cy 5.1 Reportin Reimbursement. Within thirty (30) days after the end of fie calendar quarter, A iation shall provide each Owner a written statement (“ syMent Statement”) se ; quarter, vay, ting of amounts for major categories, and a calculation shoygneach Owner’s Pro ta e of the Shared Common Area Expenses for the Pes calendar quarter “a Ss sment”). The Assessment Statement shall also include the Asap wtion’s certification as to accuracy and completeness. Each Owner shall pay to the, Sition its Assessment for the preceding calendar quarter by no later than thirty (30) after receipt of an Assessment Statement.

5.2 Default and Remedies. If any Owner fails to pay its Assessment when due, then the overdue amount shall accrue interest from the date when the same was payable until the date paid at a rate equal to the highest lawful rate of interest that the Association may charge to the Owner without violating any applicable law. In addition, the Association may charge such defaulting Owner with any and all costs of collection of every kind, including, but not limited to, all reasonable attorneys’ fees, court costs, and expenses of every kind, incurred by the Association

defaulting Owner with any and all costs of collection of every kind, including, but not limited to, all reasonable attorneys’ fees, court costs, and expenses of every kind, incurred by the Association in connection with the collection (including, but not limited to collection through a bankruptcy or other court) of the Owner’s ASSESSES oreover, if any Owner fails to pay any Assessment, then the Association may pursue eG ghts and remedies available under applicable laws to xO , and including any increase in the size of the Shared Comm ACN cows cows enforce this Declaration an any unpaid sums, including, but not limited to, enforcing @aeNe Assessment Lien 282 creage owned by the delinquent Owner in accordance AN Article V. If the Assgchation fails or refuses to pursue any defaulting Owner, then any may pursue the def Owner for any sums due and owing hereunder, provided thag gy such sums so collect Sha be used to pay Shared Common Area Expenses. ys 9 go Sg oo . so Declaration and Shared Common Area & Improvements Maintenance and Cost Sharing Agreement - Page; 8 gs 14454 \) 5.3. Books and Resa e Association shall maintain, and shall require any a t more Owners shall have NR , upon at least fifteen (15) days’ notice to the Association often than twig alendar year), to review and copy at the Association’s office e office of any man nt company in Midland County, Texas, the books and record: aintained by the tual payments were titled to a refund, the other ASs von. If, as a result of any such review, it is revealed tha apersiaed by more than five percent (5%), then, in addition to bei

rd: aintained by the tual payments were titled to a refund, the other ASs von. If, as a result of any such review, it is revealed tha apersiaed by more than five percent (5%), then, in addition to bei ws parties hereto shall be entitled to recover the reasonable cogt 5.4 Covenants for Assessments. Each Owner, by acceptance of a deed or other conveyance or transfer of legal title to Acreage, whether or not it shall be so expressed in any such deed or other conveyance or transfer, shall be deemed to have covenanted and agreed to pay to the Association, or to an independent entity (or agency which may be designated by the Association to receive such monies), the Assessments. All Assessments shall remain the property of the Owner making payment of such Assessments, but shall be controlled and expended by the Association on behalf of the Owners only for the specified purposes provided or approved pursuant to this Declaration. No profit, gain or other benefit is to be derived by the Association from the Assessments, but, instead, such funds shallybe expended only as agent for the Owners. All services \ contemplated to be paid from Asses shall be obtained by the Association on behalf of the ov Owners. Upon termination ae sociation (and not before), all Assessments held at that time ge by the Association shall b ated and returned to the Owners that paid such Assessments Assessments shall * against the Shared Common Area Property, or the Acreag: y Declarant; pro Res ‘owever that Declarant shall pay the amounts, if any, eXPTESSENG d herein to be paid wy arant x) ay oo Personal Obligation for Payment of Assessments. J, GXessments provided for

n to be paid wy arant x) ay oo Personal Obligation for Payment of Assessments. J, GXessments provided for NN which such Assessment is made. The covenants for the p it of Assessments as provided in this Declaration touches and concerns each Acreage, are covenants running with the land and specifically bind the Owners and their heirs, successors, devisees, personal representatives and assigns. Except for Declarant as expressly provided herein, no Owner, for any reason, may exempt itself from liability for Assessments. The Board shall have the right to reject any partial payment of any Assessment and demand full payment thereof, or the Board may, in the Board’s sole and exclusive discretion, elect to accept any such partial payment on account only, without in so doing waiving any rights established hereunder with respect to any remaining balance due. The obligation of any Owner to pay an Assessment with respect to Acreage made for any period of time that an Owner owns the Acreage shall remain such Owner’s personal obligation (notwithstanding any future sale or con nce of such Owner’s Acreage) and shall also pass to oS the purchaser(s) of such Acreage. Nc t, any lien against Acreage for any unpaid Assessments , CP shall be unaffected by any sag ich Acreage and shall continue in full force and effect. In Bac?

event of a sale of Acreaga,@§shall be the obligation of the then Owner of such Acreage to Wi to any buyer, assigngeMitle company designated to handle such transaction, financinye ity or any other part ch sale any unpaid Assessments, such notice to be given 1 ting to all parties to Shtended transaction at least fifteen (15) days before the date at was such transaction

inancinye ity or any other part ch sale any unpaid Assessments, such notice to be given 1 ting to all parties to Shtended transaction at least fifteen (15) days before the date at was such transaction is gS summated. A copy of any such notice shall be sent to the As on at the same time.

AS rmer Owner shall not be liable for Assessments due with res creage for periods after Ra Person no longer is the Owner of such Acreage. io Declaration and Shared Common Area & Improvements Maintenance and Cost Sharing Agreement - Page 9 ote HEREOF AND THEIR HEIRS, SUCCESS e we ww y Ye re of Midland County, Texas (as the case may be). T yak cot 14452 “ON 5.6 Assessment xe and_ Foreclosure THE OBLIGATION TO P go ASSESSMENTS IN ANNER PROVIDED FOR IN THIS ARTICLE, TOG WITH INTERES HE HIGHEST LAWFUL RATE FROM SUCH DUE D ~ AND THE COST OLLECTION, INCLUDING, BUT NOT LIMITED TO, NABLE ATTO ’ FEES, ARE SECURED BY A CONTINUING rea CTUAL LIEN Cas SSESSMENT LIEN”) AND CHARGE ON THE A COVERED BY tf ASSESSMENT: WHICH SHALL BIND SUCH nee ia AND THE OWNERS EVISEES, PERSONAL REPRESENTATIVES AND ASSIGNEES.

5.7 Lien Attachment. The aforesaid continuing contractual Assessment Lien shall attach to the Acreage as of the date of the recording of this Declaration in the Real Property Records of Ector County, Texas, or the Real Property Records of Midland County, Texas, and such Assessment Lien shall be superior to all other liens except as provided in Section 5.9 below.

Such Assessment Lien shall not encumber or attach to the Shared Common Area Property and Improvements. The Association shall have the right to subordinate the aforesaid Assessment Lien to any other lien. The exercise of such right shall be entirely discretionary with the Board. Except

and Improvements. The Association shall have the right to subordinate the aforesaid Assessment Lien to any other lien. The exercise of such right shall be entirely discretionary with the Board. Except for a conveyance to a purchaser at a for sya sale pursuant to a lien to which the Assessment Lien is subordinate as provided heregy ow Section 5.9 below, all Acreage are conveyed to, and accepted and held by, the Owng Ou: subject to the Assessment Lien provided for in this Article V. To evidence any un ee escmen the Association may prepare a notice of un Assessments (the “ of ness Assessments”) setting forth the amount of aid indebtedness, t wet of the Owner of and describing the affected Acreage. on ae shall be signed by XS w of the officers of the Association and may, at the eS xy Ee exclusive discr e recorded in the Real Property Records of Ector Coun or the Records i shall record an ropriate release of any recorded Notice of Unpaid “ee en the amounts referenced therein have been paid.

5.8 Assessment Lien Foreclosure. THE ASSESSMENT LIEN MAY BE ENFORCED BY FORECLOSURE OF THE ASSESSMENT LIEN UPON THE DEFAULTING OWNER’S ACREAGE BY THE ASSOCIATION SUBSEQUENT TO THE RECORDING OF THE NOTICE OF UNPAID ASSESSMENTS EITHER BY JUDICIAL FORECLOSURE OR BY NONJUDICIAL FORECLOSURE THROUGH A PUBLIC SALE IN LIKE MANNER AS A MORTGAGE ON REAL PROPERTY IN ACCORDANCE WITH THE TEXAS PROPERTY CODE, AS SUCH MAY BE REVISED, AMENDED, SUPPLEMENTED OR REPLACED FROM TIME TO TIME. In connection with the Assessment Lien created herein, eac one of Acreage hereby grants to the Association, whether or not it is so expressed in the di ontract for sale or other conveyance to such Owner, a 6 power of sale to be exer <a ordance with the Texas Property Code. At any cago

ts to the Association, whether or not it is so expressed in the di ontract for sale or other conveyance to such Owner, a 6 power of sale to be exer <a ordance with the Texas Property Code. At any cago proceeding, any perso id for the Acreage at foreclosure sale and acquire, roldas® mortgage and con Ye Acreage. While the Association owns the Acreage fo g the foreclosure: DENA it to vote shall be exercised on its behalf; (ii) no Assessment (3 be levied on it; an Neach other Acreage shall be charged, in addition to its usual QObments, its equal Pr hare of the Assessments that would have been charged ae had it not be ares by the Association. The Association may sue to reco oney judgment for unpaid ssessments and other charges without foreclosing or waived ae secured by the same. The Declaration and Shared Common Area & Improvements Maintenance and Cost Sharing Agreement - Page 10 cov cov!

cot » ay) Association will have the power Wion Acreage at foreclosure sale and to acquire, hold, lease, . a mortgage and convey the Agé rN pull we 5.9 Su mation of the Assessment Lien. The Assessment Lien provid qo erein on Acreage s subordinate and inferior to the lien or liens granted by th Cheer of such Acreage {asicure the repayment of a loan made for the purpose of provicy urchase money fu dg,2 such Acreage, funds used at any time to install or constgu@jWfiprovements on such age or funds used to pay ad valorem taxes on such AcreaggaWvided, however, that such wo subordination shall apply only to Assessment Liens which igh: due and payable prior to the foreclosure sale, whether public or private, of such Yicreage pursuant to the terms and conditions of any such mortgage or deed of trust lien. Such foreclosure sale shall not relieve such

prior to the foreclosure sale, whether public or private, of such Yicreage pursuant to the terms and conditions of any such mortgage or deed of trust lien. Such foreclosure sale shall not relieve such Acreage from any Assessment Lien for Assessments thereafter becoming due.

5.10 Reallocation of Assessments Secured by Extinguished Liens. The sale or transfer of any Acreage to enforce any of the liens to which the Assessment Lien is subordinate will extinguish the Assessment Lien as to installments which became due prior to such sale or transfer. The amount of such extinguished lien may be reallocated and assessed to all Acreage as a Shared Common Area Expense at the direction of the Board. However, no such sale or transfer will relieve the purchaser or transferee of Acreage from liability for, or the Acreage from the lien \) of, any Assessments made after eT ransfer. oF . ‘ ge «ct ; : cre 5.11 falar cas The omission or failure of the Board to fix Assessment am as or rates, or to deliv il to each Owner an Assessment notice will not be deeme We modification, base of any Owner from the obligation to pay Assesment gh event, each Owne oy Pcontinue to pay Assessments on the same basis as for the la for which an Asseesggat Was made until a new Assessment is made, at which time ay alls in collections a & ssessed retroactively by the Association.

; a aye™ vy ARTICLE VI WW TERM Unless supplemented, amended, modified, revoked, terminated, restated, and otherwise changed as permitted herein, the provisions of this Declaration run with and bind the Property, and will remain in effect perpetually to the extent permitted by law.

ARTICLE VII PROPERTY SUBJECT TO ANNEXATION 7.1 Property Subject to D tion. Any right, title or interest in the Acreage, shall ow

, and will remain in effect perpetually to the extent permitted by law.

ARTICLE VII PROPERTY SUBJECT TO ANNEXATION 7.1 Property Subject to D tion. Any right, title or interest in the Acreage, shall ow be owned, held, transferred, lea: d, conveyed, and/or occupied by Declarant and any , av subsequent Owner, Membe and/or occupant of all or any part thereof, subject to (i) thi O™ Declaration and the c @its, conditions, restrictions, easements, liens, and charges herey forth, (ii) the Desi elines, and (iii) the functions, powers and jurisdiction of the Rag ation.

oe \e 7.2 ws Annexation of Property Subject to Declaration by Declaragg Declarant hereby ei 1Qvhe right to annex to, and to make subject to, this Declarati cn r any portion of the erty Subject to Annexation, which real property need not reas ject of a final, recorded aK lat in the Real Property Records of Ector County, Texas oF Property Records of Midland : Declaration and Shared Common Area & Improvements Maintenance and Cost Sharing Agreement < Page 11 ws we we \ 14652 County, Texas at the time such, cot is effective. Such annexation shall be accomplished without the approval, asse e of the Association or its Members; provided, however, Declarant shall execu’ record a Supplemental Declaration covering such portion e Property Subject exation that it intends to annex and make subject hereto, jyitht Real Property Reco Gr Ector County, Texas or the Real Property Records of Midlan nty, Texas (as the cag nay be); provided further, however, that no Supplemental D tion shall be so e egetind recorded by Declarant pursuant to this Section 7.2 more gor irty (30) years after

emental D tion shall be so e egetind recorded by Declarant pursuant to this Section 7.2 more gor irty (30) years after eclaration shall constitute and effectuate the annexation real property that is covered thereby, thus making such real property subject to this DedMration and to the functions, powers and jurisdiction of the Association. Thereafter, said annexed real property shall be a part of the Development and subject to this Declaration, and all the Owners of said annexed real property shall automatically become Members of the Association. Although Declarant shall have the right to annex all or any portion of the Property Subject to Annexation to this Declaration as provided hereinabove, Declarant shall not be obligated to annex all or any portion of such Property Subject to Annexation to this Declaration. No portion of the Property Subject to Annexation shall be annexed and made subject to this Declaration, or to the functions, powers and jurisdiction of the Association, unless and until a Supplemental Declaration covering the applicable portion of the Property Subject to Annexation shall have peen executed and recorded by Declarant in accordance with the terms hereinabove. oot 7.3 Suppleme Setlaration. The annexations authorized by this Declaration Cs be accomplished by e g and filing of record in the Real Property Records of Ector ty, Texas, or the roperty Records of Midland County, Texas (as the ca be) a Supplement ReYaration with respect to the portions of the Property Subject RNY xation which are to a to the plan and scheme of this Declaration. Any such S ntal Declaration c en ated herein above may contain such additions, deletions OW nctiteaion of the

the Property Subject RNY xation which are to a to the plan and scheme of this Declaration. Any such S ntal Declaration c en ated herein above may contain such additions, deletions OW nctiteaion of the enants, conditions, restrictions, easements, liens and charg ony ined in this Declaration as may be necessary to reflect the different character, if any, 06g annexed real property and as are not substantially inconsistent with the plan of this Declaration. In no event, however, shall any such Supplemental Declaration, revoke, modify, or add to the covenants, conditions, restrictions, easements, liens or charges established by this Declaration, as same relate to and affect that portion of the Property previously subject to this Declaration. Further, the rate of Assessments for and method of determining the assessed valuation of the annexed property shall not result in Assessments substantially less than that affecting the portion of the Property previously made subject hereto. Any annexation made pursuant to this Declaration, when made, shall automatically extend the functions, powers and jurisdiction of the Association to the real property so added. Any Supplemental Declaration may establish, but shall not be required to establish, a Sub-Association (herein so-called), which shall be compriged of Owners within the annexed real property that is subject to such Supplemental Dec . Each such Sub-Association shall be in addition to the Association that affects the annéx@e real property. gor 9 0 7.4 De- tion, Removal and Withdrawal of Prope Declar Neby reserves the ri mend this Declaration without prior notice and ving nt of any Member, or other party, for the purposes of de-annexing, removing hdrawing any

Removal and Withdrawal of Prope Declar Neby reserves the ri mend this Declaration without prior notice and ving nt of any Member, or other party, for the purposes of de-annexing, removing hdrawing any portyexywF the Property then owned by Declarant, its affiliates, and ‘srgi@ sociation from the w and control of this Declaration, the Association, On covenants, conditions, \ restrictions, terms and liens herein, either because such portion of the Property was Declaration and Shared Common Area & Improvements Maintenance and Cost Sharing Agreement - Page 12 ge con cow originally annexed hereto in ayy of any change whatsoever in Declarant’s intended use of such subject portion roperty. The foregoing right, if exercised, shall be exerciggg OP by Declarant in its soled Non and may be exercised at any time, and from time to tim to the thirtieth GotagAWersary of the Effective Date. NA ge ge yo ARTICLE VIII ys Go INDEMNIFICATION gy?

o* 8.1 Consideration. Each Owner acknowledge aoe grees that the releases from t we liability contained in this Article VIII are a material inducerSW o Declarant to sell, convey, lease, or allow the use of the Acreage in the Development.

8.2. Indemnity for Association Operations. The Association indemnifies, defends, and holds harmless the Declarant against any and all loss, claim, demand, damages, cost, and expenses relating to or arising out of the management and operation of the Association, including, without limitation, the collection of Assessments, the enforcement of the Association Documents, and the operation and maintenance of the Shared Common Area Property and Improvements.

Indemnified expenses include, without limitation, reasonable attorneys fees, whether or not a

ociation Documents, and the operation and maintenance of the Shared Common Area Property and Improvements.

Indemnified expenses include, without limitation, reasonable attorneys fees, whether or not a lawsuit is filed, and all costs at all court levels, including expenses incurred by Declarant in establishing the right to be indent nded, and held harmless pursuant to this Declaration. so 8.3 Release fro oO or Loss. Each Owner, by accepting an interest in or titl oo Acreage, whether or Epressed in the instrument of conveyance, and each eA y their portion of the fetes covenants and agrees that the Association and pera respective is ts, officers, committees, members, agents, and employee eR cally and collectj ndemnitees”) may not be held liable to any person wer loss or damage, i g, ASS cho limitation, indirect, special, consequential loss or SOrrising from personal , death, destruction of property, trespass, loss of enj , or any other wrong or entitlement to remedy based upon, due to, arising froma erwise relating to the design, construction, maintenance, or use of the Shared Common Area Property and Improvements, expressing including, every item of equipment used in connection therewith, including without limitation, any claim arising in whole or in part from the negligence of an Indemnitee.

8.4 Intent to Release from Negligence. Each Owner, by accepting an interest in or title to Acreage, whether or not so expressed in the instrument of conveyance, and each tenant of any portion of Acreage, by the act of occupancy, acknowledges that the releases and Indemnitees contained in this Article VIII are specifically intended to release and indemnify the Indemnitees from liability for their own negligence or carelessness.

cotkricie IX cov oo MISCELLANEOUS. i go’ git

contained in this Article VIII are specifically intended to release and indemnify the Indemnitees from liability for their own negligence or carelessness.

cotkricie IX cov oo MISCELLANEOUS. i go’ git 9.1 Noti wt notice which shall or may be given in accoranes wee: Declaration s es & writing and shall be either personally delivered or sent beyet d States Register ey rtified Mail, adequate postage prepaid, return receipt reauees d addressed 8 t s as follows: go a ww" Declaration and Shared Common Area & Improvements Maintenance and Cost Sharing Agreement - Page 13 ss 1465208 If to Declarant: co? 2012 CROSS B, LLC . poe gor Attn: Brian R. Bell gor oo 307 W 7" St, Ste. 1912 yor yw Fort Worth, TX 76102 Ne ge v go If to Association: PARKS BELL RANCH. sgoSlation, INC.

Attn: Brian R. Bell go® c/o Emmerso HO rciat Management, Inc.

go% W | vo" 17776 PrestonWbad, Ste. 100 Dallas, TX 75252 The Association, Declarant and their respective heirs, successors, or assigns shall have the right to change their address for purposes of notice and also the right to designate one additional party to receive copies of all notices hereunder, by giving notice as herein provided. Each notice given hereunder shall be effective when received or on the third (3rd) business day after being sent, whichever occurs first. The Association will promptly inform the other parties of any change of address or change of any other contact information. Except for notices alleging a default by an Owner, notices of a change of address, or yytice of the designation of additional parties to receive ss notices, it is not necessary that the a for an Owner be given notice hereunder. ovr * NO x x) 9.2 Estoppel Cate Certificate. The Association agrees that wit sin

ion of additional parties to receive ss notices, it is not necessary that the a for an Owner be given notice hereunder. ovr * NO x x) 9.2 Estoppel Cate Certificate. The Association agrees that wit sin Mortgagee, pur + title company, or Major Tenant of all or any portion of theverthe overed by this De Gin , an estoppel certificate/resale certificate stating to the € issuer’s oe of such date whether (a) it has notice of any default und aa by the ee Ore party and if there are known defaults specifying the None: CO) this Declaration been assigned, modified or amended in any way by it andy@e Sling the nature of such assignment, modification or amendment and furnishing co ereot: (c) this Declaration is in full force and effect; and (d) there are any sums which are due or will become due as of a prior act or actions of the requesting party. In no event shall any estoppel certificate/resale certificate delivered pursuant to this Declaration create a contractual relationship of any kind between the issuer of such estoppel certificate and the recipients of such estoppel certificate. The Association may condition its delivery of any estoppel certificate/resale certificate on Owner’s payment of a fee, not to exceed $300.00 for each such request.

9.3 Further Assurances. The parties hereto agree to execute and deliver such additional documents as may be a necessary to further the intent of this Declaration.

9.4 Attorneys’ Fees. T, gpd hereto agree that in the event one of the parties finds cow it reasonably necessary to e orneys to enforce any of the covenants or agreements herejy, cx?

contained, the ay RE s reasonable and customary litigation expenses, including

ne of the parties finds cow it reasonably necessary to e orneys to enforce any of the covenants or agreements herejy, cx?

contained, the ay RE s reasonable and customary litigation expenses, including limited to all filin attorneys’ fees and fees paid to other consultants in the of litigation, will watts either entirely by the non-prevailing party or, if the prev arty was only parti as ccessful, by the non-prevailing party in proportion to the Sees had by the Pee yo go* Declaration and Shared Corimon Area & Improvements Mair tenance and Cost Sharing Agreement - Page 14 144252 9.5 No Partnershi yO parties hereto nor any future Owner are partners or , ao joint venturers. In no eNO any of the parties hereto be liable or responsible for agxyes contractual, tortious, or, QO iability, obligation, or debt of any other party, whether a this Declaration or 1Se.

ser ye 9 x) OEPLICARLE LAW. THIS AGREEMENT SHALL BE cout ED BY AND C ED IN ACCORDANCE WITH THE LAWS OF THE ST ow EXAS AND THE OF THE UNITED STATES OF AMERICA APPLICAB TRANSACTIONS IN wo EXAS. wo we 9.7 No Waiver. No delay or omission by any party in exercising any power or right hereunder shall impair any such right or power or be construed as a waiver thereof, or any acquiescence therein, nor shall any single or partial exercise of any such power preclude other or further exercise thereof, or the exercise of any other right or power hereunder.

9.8 Number and Gender; Captions. Whenever used herein, the singular number shall include the plural and the plural the singular, and the use of any gender shall be applicable to all genders. The captions, headings, and arrangements used in this Declaration are for convenience only and do not in any way atect, limit, amplify, or modify the terms and provisions s hereof. oF oF

all genders. The captions, headings, and arrangements used in this Declaration are for convenience only and do not in any way atect, limit, amplify, or modify the terms and provisions s hereof. oF oF steecehNONO ccs . ache 9.9 Severabili Many provision of this Declaration shall for any reason be hel ai be invalid, illegal, or u ceable, such invalidity, illegality, or unenforceability shall n t any other provi igsaltereof, and this Declaration shall be construed as if such invak@xMezal, or unenforceaRl ision had never been contained herein. G we gi GM Amendments. For so long as Declarant owns at gine (1) Acre in the elopment (“Period of Declarant Control”), Declarant, (wit hy joinder or consent of any other Member or Owner), shall have the sole and absolute o supplement, amend, modify, revoke, terminate, restate, and otherwise change this Declaration and the Design Guidelines, as determined by Declarant in Declarant’s sole and absolute discretion, at any time and from time to time.

9.11 Property Code Chapter 209. It is not presently intended that the majority of the Property will be restricted to residential use. However, in the event it is determined that Chapter 209 of the Texas Property Code applies to the Property and/or the Association, then on or before the 10 anniversary of the date this instrument is recorded, or sooner as determined by Declarant, the Board will call a meeting of Members of the Association for the purpose of electing one-third of the Board (the “initial Member Electiqx\ Meeting”), which Board member(s) must be elected J by Owners other than the Declarangts larant shall continue to have the sole right to appoint ok and remove two-thirds of th ga from and after the Initial Member Election Meeting und cre

t be elected J by Owners other than the Declarangts larant shall continue to have the sole right to appoint ok and remove two-thirds of th ga from and after the Initial Member Election Meeting und cre expiration or terminati ao eriod of Declarant Control. ov .

S yw Declaration and Shared Common Area & Improvements Maintenance and Cost Sharing Agreement - Page 15 1 IN WITNESS WHERE gow’ cow QEN parties have executed this Declaration as of the date set , a forth above. gor A) 2012 crosgn C, “A a Texas d liability company Cre ; RX ee oe oe Print Title: President W STATE OF TEXAS § § gn? xo oi LN entity.

Notary Seal, Printed Name And Commission Expiration Declaration and Shared Common Area & Improvements Maintenance and Cost Sharing Agreement - Page 16 ow cow acne os® PARKS BEL yl ASSOCIATION, INC.

ge ng HE. oo & ame: Brian R. Bell oo” ww NO Print Title: President wo” STATE OF TEXAS § § iN , 20%, by Brian R. N President of Parks Bell Ranch Association, Inc, on behalf ofsaid entity. co? con a el Printed Name arn otary Seal, wo And Commission Expiration a?

we? Declaration and Shared Common Area & Improvements Maintenance and ine Agreement - Page 17 Midland County Clerk Unofficial Copy 1465 EXHIBIT Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy A" Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy W curve to the left havin istance of 614.95 feet, a delta angle of 25°31°55”, a radius of age

and County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy W curve to the left havin istance of 614.95 feet, a delta angle of 25°31°55”, a radius of age 1,380.00 feet, a chor ig of S 62°59’02” W and a chord distance of 609.88 feet to a 4” Iron its rod with roe ed “LCA ODESSA TX” set at the Point of Tangency of said curve and ‘e yr point of int Je so A x so go oe wh or A viRONMEN HI ENGINEERING * LAND SURVEYING FIRM # 001363 yy s NORTH TEXAS * ODESSA, TEXAS 79761 2 at 32) 332-5058 or 580-8812 * FAX (432) 332-8812 ot ow a ys?

Metes and Bounds Description For 841.67 Acres of Land located in Sections 40, 45, and 46, Block 41, T-1-S T&P RR Co. Survey Ector and Midland Counties, Texas Boundary being More Fully Described as Follows: ODESSA TX” set in the east line of Section 46, Block 41, T-1-S, T&P RR Co. Survey, Midland County Texas, whence a '4” Iron rod i ck mound found at the northeast corner of said Section 46 bears N 14°05" 55” W, a ae 6.91 feet; THENCE S rat aha Dine of 680.37 feet to a 4” Iron rod with cap marked “LCA ODESSA TX” at east corner of Drill Site D46-9 and the west line of a proposed 60-foot Easement ane \ a said corner also being in a curve to the right; T. Sing the west line of said proposed 60-foot Easement and Right-of-Way a ee having an arc distance of 388.44 feet, a delta angle of 44°30°43”, ar f 300.01 00 t, a chord bearing of S 10°23°09” W and a chord distance of 378.75 feet go ron rod with plastic cap marked “LCA ODESSA TX” set at the Point of Tangency of * em THENCE § 32°38’28” W, along the west line of said propo ye. Easement and Right-of-

chord distance of 378.75 feet go ron rod with plastic cap marked “LCA ODESSA TX” set at the Point of Tangency of * em THENCE § 32°38’28” W, along the west line of said propo ye. Easement and Right-ofWay, a distance of 340.11 feet to a 4%” Iron rod with plastic cab’marked “LCA ODESSA TX” set at a point of intersection in a curve to the left; THENCE along the north line of said proposed 60-foot Easement and Right-of-Way and said curve to the left having an arc distance of 4,145.69 feet, a delta angle of 46°18°08”, a radius of 5,130.00 feet, a chord bearing of N 81°05°56” W and a chord distance of 4,033.80 feet to a 4” Iron rod with plastic cap marked “LCA ODESSA TX” set at the Point of Tangency of said curve; THENCE S 75°45°00” W, along the north line of said proposed 60-foot Easement and Right-ofWay, pass the common west line of said Section 46 and the east line of Section 45 of said Block 41 at 546.55 feet, in all a total distance of 1,586.38 feet to a 4” Iron rod with plastic cap marked “LCA ODESSA TX” set at the Point of S rvature of a curve to the left; THENCE along the north line cov proposed 60-foot Easement and Right-of-Way and said gw «a cot Ww Ww 9 go a” so THENCE N 15°13°3, GO er the east line of said proposed 60-foot Easement and Right-ofWay, a distance -74 feet to a 4” Iron rod with plastic cap marked “LCA ODESSA TX” set ye the Point Nee re of a curve to the left; ses one the east line of said proposed 60-foot Easement and Right-of-Way Se.

left having an arc distance of 473.47 feet, a delta angle of 51°11°05”. f 530.00 feet, a chord bearing of N 40°49°05” W and a chord distance of 457.88 fe: - "Tron rod with plastic cap marked “LCA ODESSA TX” set at the Point of mee curve; THENCE N 66°24'38” W, along a northwestern line of aos 60-foot Easement and

°05” W and a chord distance of 457.88 fe: - "Tron rod with plastic cap marked “LCA ODESSA TX” set at the Point of mee curve; THENCE N 66°24'38” W, along a northwestern line of aos 60-foot Easement and Right-of-Way, a distance of 195.75 feet to a 4” Iron rod with plastic cap marked “LCA ODESSA TX” set at the Point of Curvature of a curve to the right; THENCE along a northwestem line of said proposed 60-foot Easement and Right-of-Way and said curve to the left having an arc distance of 439,82 feet, a delta angle of 60°00’00”, a radius of 420.00 feet, a chord bearing of N 36°24’38” W and a chord distance of 420.00 feet to a '4” Iron rod with plastic cap marked “LCA ODESSA TX” set at the Point of Tangency of said curve; THENCE N 06° 24°13” W, along an east line of said proposed 60-foot Easement and Right-ofWay, pass a 4” Iron rod with plastic cap marked “LCA ODESSA TX” at the southwest corner of Drill Site D45-2 at 72.13 feet, pass a 4” Iron rod with plastic cap marked “LCA ODESSA TX” at the northwest corner of Drill Site D45- v 372.13 feet, in all a total distance of 867.19 feet to a 4” Iron rod with plastic cap marke: AS ESSA TX” set at a point of intersection; THENCE § sc 35°22; iCNone a north line of said proposed 60-foot Easement and Right-of“am Way, pass the oa ee herth line of said Section 45 and the south line of Section 40 of said Block yy’ 41 at 2,069. et a total distance of 2,511.81 feet to a 4” Iron rod with plastic cap cee “HEARN at set at a Point of Curvature of a curve to the left; os along a northern line of said proposed 60-foot Easement and Right we. said rve to the left having an arc distance of 320.02 feet, a delta angle of 0 , a radius of 2,080.00 feet, a chord bearing of S 79°10’54” W and a chord distance io feet to a 4” Iron

ent and Right we. said rve to the left having an arc distance of 320.02 feet, a delta angle of 0 , a radius of 2,080.00 feet, a chord bearing of S 79°10’54” W and a chord distance io feet to a 4” Iron rod with plastic cap marked “LCA ODESSA TX” set at the Point p: y of said curve; \ THENCE S 74°46°27” W, along a northern line of said proposéd 60-foot Easement and Right-ofWay, a distance of 416.32 feet toa '4” Iron rod with plastic cap marked “LCA ODESSA TX” set at a point of intersection in the west line of said Section 40 and being the centerline of a proposed 130-foot road; THENCE S 14°17°04” E, along the centerline line of said proposed 130-foot Road and the east line of said Section 40, a distance of 80.01 feet to a 1” Iron pipe in concrete block found at the common corner of said Sections 40 and 45 and Sections 41 and 44 of said Block 41; THENCE S 14°17°04" E, along the centerline line of said proposed 130-foot Road and the common line of said Sections 44 and 45, a distance of 5,358.41 feet to a 5/8” Iron rod with a 2” Aluminum Cap marked “LCA ODESSA 1X” set at the common corner of said Sections 44 and 45 and a point of intersection of the ERP of a proposed 80-foot road; THENCE N 74°57”15” Re he centerline of said proposed 80-foot road and the south line of said Section 45, a distedi 255.05 feet to a brass cap and a rock mound found at the common corner of said S ok and 46; Ne THEN! 4°59°57” E, along the centerline of said proposed 80-foot road and the sout of seiispetion 46, pass the intersection of said Section line and the curved south line cay 0 foot cots ge?

144253 cows so ON gi” «cXO road at 2,355.20 feet SP? total distance of 4,886.14 feet to a 4” Iron rod with plastic cap marked “LCA O TX” set in the northeastern right-of-way of Texas State Highway 191;

44253 cows so ON gi” «cXO road at 2,355.20 feet SP? total distance of 4,886.14 feet to a 4” Iron rod with plastic cap marked “LCA O TX” set in the northeastern right-of-way of Texas State Highway 191; . THENCE 38 E, along the northeastern right-of-way of said Highway 191, a aingpeh: 6 3g: t to a 4” Iron rod with plastic cap marked “LCA ODESSA TX” set in t t Tine of 9 ion 46; ow a THENCE N 14°05’55” W, along the east line of said Section 46, a dj f 1,629.10 feet to the oy Point of the Beginning containing 841.67 surface acres of lepicted on the attached Exhibit.

Bearings, distances and coordinates are relative to the Texas Coordinate System, 1983 NAD, Central Zone, based the City of Odessa GPS Control Monuments “OD8P” (Y=10,662,407.79" and X= 1,685,243.80’) with a theta angle of -01°00’53” and a combined grid factor of 0.999870096.

ON October, 2012 SJ ge go or" cows cots Ko? go ye ye NS ge so ‘nae N oo oo NO \2" EXHIBIT FOR AN 841.67 ACRE TRACT OF LAND LOCATED IN SROPIONS 40, 45 & 46, BLOCK 41 TT&P RR CO. SURVEY AND MIDLAND COUNTIES, TEXAS N 14°05'55" W 3306.3 SECTION 39 BLOCK 41 1/2" LROD IN ROCK MOUND Today 1500' 1629.10' Р.О.Д.

Yz10,675,746.29 X=1,693,052,90' 605.42' 14652 Midland County Clerk Onofficial Copy S 75°47'29" W 680.37' 340.I CVI رو WY 191 Midland County Clerk 1500' W0 SCALE: 1" = 1500' LEGEND FOUND CORNER AS DESCRIBED SET 1/2" I.R. W/CAP MARKED "LCA ODESSA TX" SET 5/8" I.R. W/CAP MARKED "LCA ODESSA TX" BRASS CAP ROCK SECTION 46 BLOCK 41 1/2" LROD IN ROCK MOUND S 75°45'00" W.

1586.38 N 15°13'33" W 267.74' N 66°24'38" WCV3 CV4195.75' CV5Midland Lounty Clerk Unofficial Copy N 06°2413" W SECTION 40 BLOCK 41 867.19' S 83°35'22" W 251.81" 10451 26 2,069.97 CV2 #546.55' MIDLAND BOTOR BRASS CAP IN ROCK MOUND

24'38" WCV3 CV4195.75' CV5Midland Lounty Clerk Unofficial Copy N 06°2413" W SECTION 40 BLOCK 41 867.19' S 83°35'22" W 251.81" 10451 26 2,069.97 CV2 #546.55' MIDLAND BOTOR BRASS CAP IN ROCK MOUND 841.67 SURFACE ACRES Midland County Cerk Unofficial Copy SECTION 45 BLOCK BLOCK 41 10-007 Exhibit of 841.67 Acres dwn 10/15/2012 10:42:21 AM Jose. Kvосага КМ.СА CV6 S 74°46'27" W 416.32' S 14°08'41" E80.01' 40 45 41 ILPIPE IN CONCRETE BLOCK CURVE DATA CV# Δ R L 4 CD. BRN.

CD. DIST 5 6 十 County Clerk Unofficial Copy BEARINGS, DISTANCES AND COORDINATES ARE RELATIVE TO THE TEXAS COORDINATE SYSTEM, 1983 NAD, CENTRAL ZONE, BASED ON THE CITY OF ODESSA GPS CONTROL MONUMENTS "ODOP" (Y-10,662,407.79' AND Xul,685,243.80) WITH A THETA ANGLE OF -0°00′53" AND A COMBINED GRID FACTOR OF 0.999870096. ACREAGE STATED IS AVERAGE SURFACE.

Midland County Clerk Unoffion F1201012010 ENG, E.T.

SVY.

DFT.

LCA JOB No. 2010-007 2. EASEMENTS AND RIGHT-OF-WAYS THAT MAY AFFECT THIS PROPERTY ARE NOT SHOWN.

LCA Pannad Suvise Taches and Tussen ENVIRONMENTAL CZU Phone (432) 33360 Vidfand GINEERING LAND SURVEYING 521 North Taza Tx. 79761 -Mail: loungedoen.com FOO1363 Copyright 2012 LCA Midland County Clerk Unofficial Copy 1465 EXHIB Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy وو Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy A 14652) cor

Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy وو Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy A 14652) cor ENVIRONMENTAR IL ENGINEERING * LAND SURVEYING . ge oo [email protected] 9 N sen a32) 332-5058 or 580-8812 ° Fax (432) 332-8812 ses g gr oo EXHIBIT A oe LEGAL DESCRIPTION OF COMMON AREAS IN PARKS BELL RANCH, NORTH 2nd & 3" FILINGS AND IN SECTION 45, BLOCK 41, T-1-S T&P RR CO. SURVEY ECTOR COUNTY, TEXAS COMMON AREA ONE BEING 3.50-ACRES LOCATED BETWEEN THE NORTH RIGHT-OF-WAY LINE OF YUKON ROAD, A 130FOOT PUBLIC RIGHT-OF-WAY, AND THE 50-FOOT SET-BACK LINES LOCATED IN PARKS BELL COUNTY, TEXAS, AND BEING MO ULARLY DESCRIBED BY METES AND BOUNDS AS cot \ wo FOLLOWS: * oo \ go?

(Control Monument) fo; e east right-of-way of Faudree Road, as described in Cabinet B, Page 113 Ector County Plat nd also being a Point of Tangency of Lot 2, Block 4, Parks Bell Ranch PS Vo iling, as described in ghet B, Page 113-B of said Ector County Plat Records; G v THEN GANA 65°37°42” East, a distance of 64.03 feet to the 50-foot set-back line of sai .

THENCE South 59°15’00” East, a distance of 255.57 feet to a point of de Yon: . Qe NCE South 14°17°04” East, a distance of 543.18 feet to a point of stasis ® THENCE North 74°51°49” East, a distance of 85.20 feet to a point of point of deflection; THENCE South 14°15’00” East, a distance of 53.32 feet toa point of point of deflection;

to a point of stasis ® THENCE North 74°51°49” East, a distance of 85.20 feet to a point of point of deflection; THENCE South 14°15’00” East, a distance of 53.32 feet toa point of point of deflection; THENCE North 75°45’00” East, a distance of 1,424.95 feet toa point of deflection; THENCE South 39°05’29” East, a distance of 55.10 feet to the north right-of-wat of Yukon Road; THENCE South 75°45°00” West with the north right-of-way of said Yukon Road, a distance of 1,581.69 feet to the Point of Curvature of a curve to the right; THENCE along said right-of-way line in Gor the right in a northwesterly direction, having a radius length of cow 199.95 feet, a delta angle of 90°0923 arc length of 314.64 feet, a chord length of 283.17 feet bearing North , xO 59°15°11” West to a Point of Rea angency; Ae THENCE North rseagag Ss with said right-of-way, a distance of 17.97 feet to a point of deflection; an THENCE yg Piras West with said Yukon right-of-way, a distance of 665.67 feet wey oint of the “ge i Begin ning 3.5 surface acres of land as depicted on the attached Exhibit B. S ow” 1 yon we we COMMON ange oa BEING ee RES LOCATED BETWEEN THE SOUTH RIGHT-OF-WAY LINE OF eh ROAD, A 130FO! LIC RIGHT-OF-WAY, AND THE 50-FOOT SET-BACK LINES agers IN SECTION 45, K 41, T-1-S, T&P RR CO. SURVEY, ECTOR COUNTY, TEXAS, AND ee MORE PARTICULARLY hr? ESCRIBED BY METES AND BOUNDS AS FOLLOWS: Sr?

(Control Monument) in the south right-of-way of said Yukon road and a cutback corner of a dedicated 60-foot road, as described in Document No. 2014-00002572 of said Official Public Records of Ector County, Texas;

ument) in the south right-of-way of said Yukon road and a cutback corner of a dedicated 60-foot road, as described in Document No. 2014-00002572 of said Official Public Records of Ector County, Texas; THENCE South 81°28’57” East with said cut-back, a distance of 22.80 feet to a cut-back corner in the west right-ofway of a 60-foot road and being a Point of Curvature of a curve to the right, as described in said Document No.

THENCE along said curve to the right in a southeasterly direction, having a radius length of 580.00 feet, a delta angle of 00°39°05”, an arc length of 6.59 feet, a chord length of 6.59 feet bearing South 27°32°41” East to a Point of Tangency; THENCE along said curve to the left in a ierly direction, having a radius length of 1,225.00 feet, a delta ows angle of 01°39°52”, an arc length of AN et, a chord length of 35.59 feet bearing South 42°28°30" West to a . \G Point of Tangency; rN cre SS THENCE along said c! pyar right in a southwesterly direction, having a radius length of 1,275.00 feet, » angle of 34°06'22.. 8 ength of 758.96 feet, a chord length of 747.81 feet bearing South 58°41” anes toa Point of Tangen, s CN THOS 75°45°00” West, a distance of 290.05 feet to the east right-of-way img gans Ranch Road; ge ENCE North 14°14’25” West, with the east right of way of said Deer cg 0 Road, a distance of 5.00 feet aw to a cut-back corner; Ww THENCE North 30°44’55” East with said cut-back, a distance of 28.28 feet to a cut-back corner in the south rightof-way of said Yukon Road; THENCE North 75°45’00” East with the south right-of-way of said Yukon Road, a distance of 270.05 feet to a Point of Curvature of a curve to the left;

ner in the south rightof-way of said Yukon Road; THENCE North 75°45’00” East with the south right-of-way of said Yukon Road, a distance of 270.05 feet to a Point of Curvature of a curve to the left; THENCE along said curve to the left in a northeasterly direction, having a radius length of 1,250.00 feet, a delta angle of 34°06’22”, an arc length of 744.08 feet, a chord length of 733.14 feet bearing North 58°41'49” East toa Point of Reverse Curvature of a curve to the right; THENCE along said curve to the right in a northeasterly direction, having a radius length of 1,250.00 feet, a delta angle of 01°10°02”, an arc length of 25.47 fee hord length of 25.47 feet bearing North 42°13°33” East to the s Point of the Beginning containing 0.61 sw eS as depicted on the attached Exhibit B. ork “CN COMMON AREA THREE gil FOOT PUBLI -OF-WAY, AND THE 50-FOOT SET-BACK LINES LOCATED I IN 45, BLOCK 41 wy P 'T&P RR CO. SURVEY, ECTOR COUNTY, TEXAS, AND BEING MO. ICULARLY DESCRAROD Y METES AND BOUNDS AS FOLLOWS: ay oF oF go RX we WW hr?

oot 1+ 5899 NN ar gry go" (Control Monument) fe the north right-of-way line of said Yukon Road and a cut-back corner of; dedicated road, reyes in Document No. 2014-00002572 of said Official Public Records oegeeoun Texas, and aus int of Curvature of a curve to the left; w T oo ong said curve to the left in a southwesterly direction, having a radius leng 7380 feet, a delta angle af 1°56”, an arc length of 97.12 feet, a chord length of 97.10 feet bearing sud! 39°36” West to a Point of se \ THENCE along said curve to the right in a southwesterly direction, bat radius length of 1,120.00 feet, a delta

h of 97.12 feet, a chord length of 97.10 feet bearing sud! 39°36” West to a Point of se \ THENCE along said curve to the right in a southwesterly direction, bat radius length of 1,120.00 feet, a delta angle of 34°06’22”, an arc length of 666.70 feet, a chord length.of 656.90 feet bearing South 58°41°49” West to a Point Of Tangency; .

everse Curvature of a curve to the right; THENCE South 75°45’00” West with the north right-of-way of said Yukon Road, a distance of 51.53 feet to a point of deflection; THENCE North 47°47'02” West, a distance of 29.99 feet to a point of deflection; THENCE North 75°45’00” East, a distance of 68.10 feet to a Point of Curvature of a curve to the left: THENCE along said curve to the left in a northeggterly direction, having a radius length of 1,095.00 feet, a delta angle of 34°06’22”, an arc length of 651.8 St hord length of 642.23 feet bearing North 58°41°49” East toa ows Point of Reverse Curvature of a curve toaNe t; 3 \G “CN «ce THENCE along said curve to t t in a northeasterly direction, having a radius length of 1,405.00 feet, a del Ae angle of 05°24’35”, ana of 132.66 feet, a chord length of 132.61 feet bearing North 44°20°55” sage Point Of Tangency; .

ie ge ws THENCE seuss 15°13’03” East, a distance of 8.32 feet to a cut-back corner; ga | ‘ee Tt South 15°26’27” West along said cut-back, a distance of 34.41 feet GOPPoin of the Beginning .

se aining 0.48 surface acres as depicted on the attached EXHIBITB. a COMMON AREA FOUR Ww BEING 4.44-ACRES LOCATED BETWEEN THE RIGHTS-OF-WAY LINE OF YUKON ROAD, CIRCLE CROSS ROAD, CROSS B ROAD AND FAUDREE ROAD AND THE 50-FOOT SET-BACK LINES LOCATED ON LOT 1 BLOCK 5 OF PARKS BELL RANCH NORTH, 3rd FILING , AS DESCRIBED IN CABINET B,

S-OF-WAY LINE OF YUKON ROAD, CIRCLE CROSS ROAD, CROSS B ROAD AND FAUDREE ROAD AND THE 50-FOOT SET-BACK LINES LOCATED ON LOT 1 BLOCK 5 OF PARKS BELL RANCH NORTH, 3rd FILING , AS DESCRIBED IN CABINET B, PAGE 196-C OF THE ECTOR COUNTY PLAT RECORDS LOCATED IN SECTION 45, BLOCK 41, T-1-S, T&P RR CO. SURVEY, ECTOR COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: in the south right-of-way line of Yukon Road, a 130-foot public right-of-way, as described in PARKS BELL RANCH, NORTH 2™ FILING in Cabinet B, Page 113-B of the Ector County Plat Records; THENCE South 59°15°00” East with sai GOR a distance of 28.28 feet to a 4” Iron rod with cap marked “LCA ows oe ODESSA TX” found in the west right y of Circle Cross Road, a 50-foot public right-of-way, as described ina | Ni plat of record, PARKS BELL ORTH, 1 FILING in Cabinet B, Page 112-C of said Ector County Plat Ae Records; yy yy’ THENCE South ” East with the west right-of-way of said Circle Cross Rad, a distance of sores a 4” Tron rod ya marked “LCA ODESSA TX” found at a point of deflection; A) go Go 3 oo A sh?

cots 45g aS THENCE South 15°02°45” East aes right-of-way of said Circle Cross Road, a distance of 280.00 feet to a yr ¥,” Iron rod with cap mar! NS ODESSA TX” found at the cut-back corner of said Circle Cross Road; ye THENCE South con ” West with said cut-back, a distance of 28.28 feet to a 4” Iron rod with c +9 “LCA ODE. ” found in the north right-of-way line of Cross B Road, an 80-foot public AN y, as ron rod with cap marked “LCA ODESSA TX” found at the cut-back corner ross B Road; 9 9

orth right-of-way line of Cross B Road, an 80-foot public AN y, as ron rod with cap marked “LCA ODESSA TX” found at the cut-back corner ross B Road; 9 9 ae’ South 74°57715” West with the north right-of-way of said Cross B Road, Ses of 1,042.05 feet to a 4” oy wer" \ THENCE North 59°41°09” West with said cut-back, a distance of 28.11 feet to a 4” Iron rod with cap marked “LCA ODESSA TX” found in the east right-of-way of Faudree Road, a 120-foot public right-of-way, as described in Volume 968, Pages 593 and 611 of the Ector County Deed Records; THENCE North 14°17'04” West with the east right-of-way of said Faudree Road, a distance of 1,045.28 feet to a %” Iron rod with cap marked “LCA ODESSA TX” found at a Point of Curvature of a curve to the right; THENCE along said curve to the right in a northeasterly direction, having a radius length of 200.00 feet, a delta angle of 90°02’04”, an arc length of 314.28 feet, a chord length of 282.93 feet bearing North 30°43’59” East to a Point Of Tangency; THENCE North 75°45’00” East with the south right-of-way of said Yukon Road, a distance of 858.43 feet to the Point of the Beginning containing 30.95 arco of land, SAVE AND EXCEPT the following area within the cov setbacks of said Lot 1, as described as filly ) Z \ oN KO G .

Beginning at Y=10,673,819.1 Ge 1,683,739.51°) the intersection of the setback lines at the northeast corner, opt Yukon Road and Circ} ny oad; ‘ Wb THENCE Sout Qeio- East, a distance of 925.68 feet to a point of deflection; gre THRO 15°02°45” East, a distance of 260.28 feet to a point of deflection; go NCE South 74°57°15” West, a distance of 819.00 feet to a point of deniegieae THENCE North 15°02°45” West, a distance of 40.00 feet to a point of Mn:

istance of 260.28 feet to a point of deflection; go NCE South 74°57°15” West, a distance of 819.00 feet to a point of deniegieae THENCE North 15°02°45” West, a distance of 40.00 feet to a point of Mn: THENCE North 60°02’45” West, a distance of 124.73 feet to a point of deflection; THENCE North 14°17°04” West, a distance of 36.43 feet to a point of deflection; THENCE South 75°42’56” West, a distance of 25.01 feet to a point of deflection; THENCE North 14°17°04” West, a distance of 752.28 feet to a point of deflection; THENCE North 75°37°44” East, a distance of 45.00 feet to a point of deflection; THENCE North 14°22716” West, a distance ofoh feet to a point of deflection; ow THENCE North 30°45’00” East, a sila® of 205.53 feet to a point of deflection; Acre G THENCE North 76°38'114 Y Nistance of 121.30 feet to a point of deflection; ys THENCE North 10” West, a distance of 63.12 feet to a point of deflection; ge™ ys ys 19 stance of 701.91 feet to the Point of the Beginning containing 26.51 surface THENCE North 75°45'00" Eastc acres deducted from the attached Exhibit B.

lentioned 30.95 acre tract nets and area of 4.44 surface acres as depicted Midland County Clerk Unofficial Copy Bearings, Dis on the 146 Midland fly Clerk Urrofficial Copy and Coordinates are relative to the Texas Coordinate System, 1983 NAD.C Zone, based P-01°00'53" and a combined grid factor of 0.999870096.

LCA PROJECT NO. 2010-007.30 Exhibit B accompanies this description.

LCA John F. Landgraf, RPLS 1410 7 December, 2017 STATE OF TEXAS REGISTERED JOHN F. LANDGRAF ......D 2410 ...

LAND SURVEYOR • PROFESSIONAL.

Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy

STATE OF TEXAS REGISTERED JOHN F. LANDGRAF ......D 2410 ...

LAND SURVEYOR • PROFESSIONAL.

Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy 5 SCALE: 1" = LINE TABLE LINE BEARING DISTANCE LINE L1 500 S W 1465 Midland County Clerk Unofficial Copy E V 500' TABLE NG DISTANCE 123 12 S 141704 E 543.18 L3 S 507500 E 255.57 125 L4 N 7451'49" E 85.20 L25 L5 127 LS L28 L7 L29 1.30 N 7540'37" E 17.97 L31 S 745715" W 819.00 L10 L32 N 1502'45" W 40.00 L11 545'00" E 68.10 L33 S 745715" W 82.62' L12 $5503 E 8.32 1.34 N 6002'45" W 124.73 34.41" L35 N 141704" W 36.43 1475 51.55 L36 S 7542'56" W 25.01' L15 N 474702 29.99 L37 L16 N 754500 270.05 L38 L17 S 812857 E22.80 140 500 L41 N 7638'11" E 121.30 L20 L42 L21 L43 LCA JOB No. 2010-007.30 Midland County N 1415'00" W 63.12 Ρ.Ο.Β. Y-10.674.556.99' X-1,682,497.37 COMMON AREA 1 L9 YUKON ROAD (130 R.O.W.)

NOTES: L2 _L10 EXHIBIT "B" COMMON AREAS OF PARKS BELL RANCH Midlang County Clerk Unofficial Copy 2 Midland County Clerk Unofficial Copy IN PARKS BELL RANCH NORTH, 2ND & 3RD FILING AND IN SECTION 45,BLOCK PARKS BELL ANCHOR FLINS (DAR & PE 113-8 ECPR) 13 14 3.50 AC C1 C9 L40 T-1-S T&P RR. CO. SURVEY, ECTOR COUNTY, TEXAS PO.B. Y-10.673.848.34' L5 L6 L8 L28

NORTH, 2ND & 3RD FILING AND IN SECTION 45,BLOCK PARKS BELL ANCHOR FLINS (DAR & PE 113-8 ECPR) 13 14 3.50 AC C1 C9 L40 T-1-S T&P RR. CO. SURVEY, ECTOR COUNTY, TEXAS PO.B. Y-10.673.848.34' L5 L6 L8 L28 L21 L43 L42 L41 -L39 -L38 COMMON AREA 4 30.95 AC -26.51 AC 4.44 AC BELL, RANCH MORIN HD PLUNG (ОВ. Д. РС. 188-C, ECPR) L37 -L27.

26 _FAUDREE ROAD (120.8.0W) Copy -L3S L31 CROSS BROAD (CAB. B, PG. 112 E.C.P.R.)

1. BEARINGS, DISTANCES AND COORDINATES ARE RELATIVE TO TH L22 L29 L30 L23 X-1,683,752.75 CITY OF OBESS (рос, но 2015-00819382, OP.RECT.)

YURICH ADAD SPRECT L19CITY OF ODESSA (рос, но зна-овNEN, OPRECT) P.O.B. Y-10.673.819.18 X-1,683,739.51' HOMESTEAR AT PARKS BELL ANNOL, IST FILING (OR & PE 147-8 & CECPR) REGISTE STATE OF JOHN F. LANDGRAF 2410 AND SURVEYOR PROFESSIONAL SYSTEM, 1983 NAD, CENTRAL ZONE, BASED ON THE CITY OF ODESXXAS COORDINATE GRS CONTROL Midland County Clerk Ung MONUMENT "ODSP (Y=10,662,407.787 AND X 1,685,243.801) WITH A META ANGLE OF-01°00'53" AND A COMBINED GRID FACTOR OF 0.999870096. ACREAGES STATED HEREON ARE AVERAGE SURFACE.

2. NOT ALL EASEMENTS AND RIGHTS-OF-WAY THAT AFFECT THIS TRACT THIS SURVEY.

BE SHOWN ON LCA P.O.B. Y-10.674.803.72 X-1,685,994.29 COMMON AREA 322 CROSS & UC REMAMBER OF A CALED BALE ADRE TRACT DOC NO. 32-400, BPRECT L15 L11 20 L16 L14 L18 -0.48 AC C2 C5 C6 C8 -0.61 AC 2012 CROES & ILC REMANDER OF A CHILE SHET MORE TRACT Ρ.Ο.Β.Υ-10.674.665.95'X=1,686,041.52' COMMON AREA 2 Cury DELTA 90 C7 80 C9 C11 HOMESTEAD AT PARIKS BELL PANEL, SHO PLANG (CAB, P. 177-B & C ECPR) CURVE TABLE C3 C7 L1 C11 C10 KATE REED OP.RECT RADOS LENGTH CD. BEARING CO. DIST.

OP.RECT RADOS LENGTH CD. BEARING CO. DIST.

ENVIRONMENTAL CIVIL ENGINEERING LAND SURVEYING 521 North Texas, Odessa Tx. 79761 F-0013635-1003-4300 Phone # (132) 332-5058 E-Mail:[email protected] Pasonal Sourice, Today and Tomosson Midland Midland County Clerk Unofficial Copy 1465 EXHIB Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy ووا ووح Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy wo Ww os® ie 80011458 E : brownb Coa Hoang 7/ e186 iil: i ne ond ee ao Bn APL eA ATLA oot Ie PROACHMENT AGREEMENT y yw® yw” STATE eugats ce oss 14659 Ro OF ECTOR ow This Encroachment Agreement (“Agreement”) is agg OBrien into by and between RIO GRANDE PIPELINE COMPANY (hereinafter referred W'as “COMPANY” ) whose address is c/o Land Department, P.O. Box 4324, Houston. Texas 77210-4324, and CITY OF ODESSA, Texas. whose address is 41] W. 8th Street, Odessa. Texas. 79761. and WALKAMIN TRADING COMPANY, INC., whose mailing address is P. O. Box 10649. Midland. Texas 79702 (hereinafter collectively referred to as “LANDOWNER”), whose address is P.O. Box 10649, Midland, Texas, 79702. upon the following terms and conditions: Lr Ur SR WITNESSETH: WHEREAS, COMPANY is oy owner of a certain pipeline and appurtenances,

LANDOWNER”), whose address is P.O. Box 10649, Midland, Texas, 79702. upon the following terms and conditions: Lr Ur SR WITNESSETH: WHEREAS, COMPANY is oy owner of a certain pipeline and appurtenances, commonly known as the 1059 pipel wags reinafter referred to as “Facilities” or Pipeline”) and ow the right to future Facilities by a Right of Way and Easement document(s) covering a 3 Qe tract land as described in se instrument(s): aor oo Right- of- WTeemen dated July 18, 1961 from Harriet P, Faudree et al to ae nN fe Line Company, recorded at Volume 392, Page 352, Deed Recenes ao" rounty, Texas (hercinafter referred to as “Easement’’); and yo cot WHEREAS, LANDOWNER owns certain tracts of land wag pr County, Texas.

oo more particularly described as follows: sr?

5.63 acre parce] of land, more or less, out of Section 45, Block 41, T-1-S. T&P RR Co.

Survey, Ector County. Texas, dedicated as a street right-of-way and more particularly described in that certain Street Right-of-Way Conveyance from 2012 Cross B, LLC to City of Odessa on February 18, 2014 and recorded February 28, 2014 under document number 2014-00002572 in the Official Public Records of Ector County. Texas; and WHEREAS, LANDOWNER desires to construct a paved road and associated road improvements and to lay certain underground utilities over and across COMPANY'S Pipeline(s) as specified in the plan drawings approved by the City of Odessa and provided to COMPANY and attached hereto as Exhibit A (the “‘Ple SY ‘), which will encroach on the Easement (hereinafter J referred to as the “Encroachment”): . Et ork WHEREAS, Langg® desires to obtain COMPANY'S consent to encroach on the 08 Easement and Pir yo” WH a COMPANY, subject to the terms and conditions hereinan@ Need, is “or the Encroachment. ws go

. Et ork WHEREAS, Langg® desires to obtain COMPANY'S consent to encroach on the 08 Easement and Pir yo” WH a COMPANY, subject to the terms and conditions hereinan@ Need, is “or the Encroachment. ws go oe East Gathering - Patriot Lateral va Parks Bell-Yukon Rd Extension-Yukon Rd & Katy Reed Rd WW Page | of 9 cow! 14453 OS NOW, at? in consideration of the promises and mutual covenants age contained, men hereby agrees to accommodate the Encroachment and hereby seve the “NN subject to the following terms and conditions: yo” cot ecitals: The foregoing Recitals are hereby incorporated uogote part of this ° Agreement. ow Ws Assumption of Risk: LANDOWNER assumes all AW or damages, injuries, or loss to either property or persons, which may be incurred by LANDOWNER or its agents, invitees. guests, or licensees present on, or in the vicinity of. the Easement and in any way associated with said Encroachment. Any maintenance or improvements to or repairs of the Encroachment that may become necessary shal] be the sole responsibility. and performed at the sole cost and expense, of LANDOWNER. LANDOWNER shall keep all portions of the Encroachment in good repair. Specifically. Walkamin Trading Company, Inc.. assumes all the risks described herein during the construction of the roadway that is the subject of this Agreement, until such roadway is officially accepted by the City of Odessa pursuant to the improvements agreement between Walkamin Trading Company and the City of Odessa. after way time all the risks described herein shall be borne by the City of Odessa. co?

3. Construction Para gQP-ostruction activity of any kind. including, but not limited to, cre equipment "yy Ont, materials storage, boring, and digging that take place Wie

City of Odessa. co?

3. Construction Para gQP-ostruction activity of any kind. including, but not limited to, cre equipment "yy Ont, materials storage, boring, and digging that take place Wie Easemen, require 48 hours (two working days) prior notice to Texas On 8! AS MPANY representative will be allowed to be present durin of the as entioned construction — activities. . LANDOWNER ack arc ges that ow OMPANY’S representative shall have full authority to stop aA NDOWNER’S LG excavation or construction related activities within the nt if COMPANY’S result in damage to COMPANY’S Pipeline or i NS Facilities. The presence of COMPANY'S representative will not relieve LANDOWNER of any liability under this Agreement. COMPANY will provide LANDOWNER with the name, office phone number, cell phone number and cmail address of a primary and a secondary Company's representative, which representatives may be replaced by COMPANY from time-to-time upon COMPANY 's providing to LANDOWNER written notice of and contact infor mation for any such replacement representative. he follow nguage must be WARNING!

HIGH GB conse PIPELINE(S) Excavatio Construction Prohibited without ow Van /ritten Permission From . Qe 08 GRANDE PIPELINE COMPANY gor ys s 4. Conganehts Parameters (continued): No equipment will be allowed t yes Pover ss ANY'S Pipeline(s). unless approved by COMPANY’ Capp Henatve ae East Gathering -- Patriot Lateral AS Parks Bell- Yukon Rd Extension- Yukon Rd & Katy Reed Rd WW W Page 2 of 9 14452 cow cow COMPANY will i ini of 72 hours written notice prior to crossing cre COMPANY ’S Pa we with heavy equipment during construction of the Encroachmen WW

kon Rd & Katy Reed Rd WW W Page 2 of 9 14452 cow cow COMPANY will i ini of 72 hours written notice prior to crossing cre COMPANY ’S Pa we with heavy equipment during construction of the Encroachmen WW Excavato work/dig parallel to COMPANY'S Pipeline(s), and the bucket nevehen teeth. Any excavation within eighteen inches (18") plus half age of NY’S pipeline(s) will be done by hand: however, at no point s echanical gotten be performed less than two feet (2') from “ihe CON Peline. No large Go vibratory compaction equipment is to be used within the C Y’S right-of-way, a only walk-behind vibratory roller/compactor is Qe when working over ay COMPANY ’S pipeline. LANDOWNER’S crossi 1 be as close to ninety (90) degrees as possible to COMPANY’S pipeline, but NOt less than forty-five (45) degrees, COMPANY will require physical verification of pipeline depth of cover and alignment prior to work being performed near COMPANY’S pipeline. The method of physical verification, whether hydro-excavation or other means, shall be coordinated and approved by COMPANY’S field representative. A minimum of four feet (4') of cover and a maximum of eight feet (8') of cover must be maintained over COMPANY’S Pipeline(s).

5. Street Crossings, Driveways, and other Paved Areas: See the Plans.

6. Underground Pipelines and oy See the Plans.

7. Overhead Traffic NERO N., time that traffic along the roadway merits traffic Go ow signals, a eeReN install the overhead traffic signals at the intersection of the oo?

roadway the subj REN his DM sa in such a way that a minimum of sixteen feet (oN is coMel reen the lowest point of the overhead crossing(s) and the oak of Cc yk *S Easement. No utility poles. traffic signal poles, guy anch ther gO tructures Or improvements are permitted within the ae. gor: reviewed

lowest point of the overhead crossing(s) and the oak of Cc yk *S Easement. No utility poles. traffic signal poles, guy anch ther gO tructures Or improvements are permitted within the ae. gor: reviewed SW epproved by Company.

ov or Heavy Equipment: During construction of the roadway v OT ANDOWNER will oo cross COMPANY’S Pipeline(s) and/or Easement wit ae equipment, LANDOWNER Ww will place matting or other suitable material over th Prices erence as determined by COMPANY’S representative in the field.

9. Excavated Material: Excavated material will not be placed over COMPANY’S Pipeline(s). LANDOWNER agrees to clean up and repair all damages to COMPANY’S Easement resulting from the work on or across COMPANY’S Easement. Any and all damage repairs and cleanup of COMPANY’S Easement will be subject to COMPANY’S acceptance.

10. Landscaping: Large landscaping is not permitted on COMPANY’S Easement, including, but not limited to, trees, shrubs, and large landscaping with a mature untrimmed height N) greater than eighteen inch ge) Fences, utility poles, light poles, buildings. houses, ao barns, garages, patios 99NI ming pools, reinforced concrete slabs, or other permanent NO structures are regs on COMPANY’S Easement. git Ll. As-Built eres: Within 120 days of the completion of constructj ye?

ent, LANDOWNER will provide to COMPANY at the we dress a os of bs Ors Gathering — Patriot Lateral ww LID #1059 - Tract FEC-1042/44 - (DBs8687) \2 os .

Page 3 of 9 ao Parks Bell- Yukon Rd Extension- Yukon Rd & Katy Reed Rd cow * 2g ing of the Encroachment, which will include a distance of «or n each side of said crossing along with the depiction of elevations 0 . * reproducible a a twenty-five ARN 12. No eet nce: LANDOWNER shall at all times conduct all of its activiti ext: the

ance of «or n each side of said crossing along with the depiction of elevations 0 . * reproducible a a twenty-five ARN 12. No eet nce: LANDOWNER shall at all times conduct all of its activiti ext: the eMént in such a manner as not to interfere with or impede 4S ration of MePany's Facilities and related activities in any manner ea “EP In the event yg that COMPANY, in its sole discretion, determines that C; ety, operation, or \"" maintenance of COMPANY’S Facilities is adversely by the Encroachment, Ae LANDOWNER shall reimburse COMPANY for C *S reasonable costs incurred in protecting or modifying COMPANY’S Facilities.

13. Reimbursement: [n the event that the existence, construction, operation, maintenance, relocation, or removal of the Encroachment causes COMPANY to incur any cost that in any manner relates to COMPANY’S operation, maintenance, removal, repair, replacement, protection, construction, alteration, relocation, changing the size of, addition to and/or inspection of the Pipeline(s), or the cleanup or handling of any spills of petroleum products, LANDOWNER, its successors or assigns, agrees to reimburse COMPANY for any and all such costs that would not have been incurred but for the existence of the Encroachment. LANDOWNER hereby agrees that COMPANY will not be held liable for any dam to the Encroachment arising from COMPANY’S oh operation, maintenance, r 1X Y repair, replacement, protection, construction, alteration, Go relocation. mane " of, addition to and/or inspection of the Pipeline(s). . ch 14. Removal: ANY has the right to remove all or portions of the Encroach aye® nece Vb COMPANY'S discretion in its exercise of the rights granted ta xen the we nt. Should COMPANY need to remove any portion of the Encr agh nt within

to remove all or portions of the Encroach aye® nece Vb COMPANY'S discretion in its exercise of the rights granted ta xen the we nt. Should COMPANY need to remove any portion of the Encr agh nt within NY Easement in order to construct, maintain, operate, repair e, or resize Go COMPANY’S Facilities, LANDOWNER or its successors an sige pay the of a removing and replacing or reinstalling such removes of the Encroachment.

oy COMPANY shall not be responsible for any loge age, or replacement to the W Encroachment or any associated equipment and faciNWes that exist within the Easement.

To the extent possible and economically feasible, Company will bore under the Encroachment, instead of excavating, to construct, maintain, operate, repair, remove or resize Company’s Facilities under the Encroachment.

15. No Waiver: COMPANY and LANDOWNER agree that the existence of the Encroachment does not constitute a waiver of COMPANY'S express rights under the aforesaid Easement or any other rights which may be implied by law or equity and LANDOWNER releases COMPANY from all costs, losses, or damages directly or indirectly arising from COMPANY’S removal of any portion of the Encroachment.

COMPANY and LANDQI GR bch agree that no additional rights other than those cot existing rights under treat ment described above are being created by means of this | xo Agreement. This x ent is for the benefit the COMPANY and LANDOWNER and Ae nothing in thy ement creates any rights or causes of action for any third partie 9 provisio is Agreement should be construed as a legislative resolution or agen y the GN of Odessa granting consent to be sued by any person or pa ey er than PANY and its permitted successors and assigns. EXCEPT ye XPRESSLY GO cae C9 s East Gathering - Patriot Lateral s

n or agen y the GN of Odessa granting consent to be sued by any person or pa ey er than PANY and its permitted successors and assigns. EXCEPT ye XPRESSLY GO cae C9 s East Gathering - Patriot Lateral s adores Tract #EC-1042/44 - (DB#8687) aw ie Parks Bell- Yukon Rd Extension-Yukon Rd & Katy Reed Rd aK Page 4 of 9 a go nN rw) ass East Gathering — Patriot Lateral Parks Bell-Yukon Rd Extension- Yukon Rd & Katy Reed Rd ae ww coe cot PROVIDED IN T WOREEMENT OR UNDER APPLICABLE LAW, THERE IS NO WAIVER OFS IGN IMMUNITY. yo” No eget Improvements: Except as herein provided, LANDOWNER “eX any ‘ ect, construct, or create any additional buildings, improvemey. ctures, or Seuctions of any kind, including, but not limited to, fences, w We s, and septic systems either on, above, or below the surface of the Easeyghs r change the grade thereof, or cause or permit these things to be done by ithout the express prior discretion. This Agreement is limited to the Encroathment as described herein, and all future encroachments require COMPANY’S review and consent. Notwithstanding the foregoing, LANDOWNER has the right to maintain, repair and replace its road and associated road improvements within the Encroachment and, from time to time, to install, maintain, repair, replace and change the size of underground utilities within the Encroachment, subject to COMPANY ’S right to review plans for any non-emergency underground utilities work within the Encroachment at least 60 days prior to commencement of the work to allow COMPANY and LANDOWNER to collaborate on the plans for such work to ensure safety to all parties’ facilities, personnel and the public.

hment at least 60 days prior to commencement of the work to allow COMPANY and LANDOWNER to collaborate on the plans for such work to ensure safety to all parties’ facilities, personnel and the public.

Court Costs: In the event tha DOWNER breaches any of the terms, covenants, or provisions of this Agre gy nd COMPANY commences litigation to enforce any provisions of this acetls and prevails, the cost of attorneys’ fees and the attendant expenses will nae e to COMPANY by LANDOWNER upon demand. ye?

Run yethine Land: The terms and conditions of this Agreement wj Qi ttitute a ts running with the land and will be binding upon and inure to they ts of the ies hereto, their successors and assigns. ay Go Time is of the Essence: The parties agree that time is age tone with regard to this Agreement. NS Governance: This Agreement shall be governed by and enforced in accordance with the laws of the State of Texas, excluding the provisions thereof relating to conflicts of laws.

LANDOWNER hereby acknowledges and submits to the sole and exclusive jurisdiction of the State of Texas including state or federal courts as appropriate for all purposes under this Agreement.

Construction: If any term or other provision of this Agreement is deemed invalid. illegal, or incapable of being enforced by any rule of law or public policy, all other conditions and provisions of this Agreement shall remain in full force and effect. Upon such determination, the parties shall n@gotiate in good faith to modify this Agreement so as to give effect the original integt@Me parties, as closely as possible and in an acceptable manner to the end DANS ransactions contemplated hereby are fulfilled to the extent possible. oo yy Aman yor is Agreement shall not be amended or modified in a ner,

ely as possible and in an acceptable manner to the end DANS ransactions contemplated hereby are fulfilled to the extent possible. oo yy Aman yor is Agreement shall not be amended or modified in a ner, ng the conduct of the parties. except in writing and duly signed by DY current go yor Pave 5 of 9 ge ge 144 > * ss ao ) 1465909 cor suet owners of the cas LANDOWNER'’S successor. gn?

9 os congnen and LANDOWNER with respect to the Encroachment and su, and ay § any prior agreement between the Parties with respect thereto, wy o any and co gh . 2 24. Counterparts: This Agreement may be executed in cOunARBEN , all of which will, when 25. Notices: Any notice required by or permitted under this Agreement must be in writing.

Any notice required by this Agreement will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this Agreement. Notice may also be given by regular mail, personal delivery, courier delivery, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein.

oS AO oi WV A ve REMAINDER OF PA oy + SIGNATURES CONTAINED ON NEXT PAGE Re yo ext AN wy N o™ oe? ww” co oo & s East Gathering - Patriot Lateral ® “ ss Parks Bell-Yukon Rd Extension-Yukon Rd & Katy Reed Rd “ es Page 6 of 9 IN WITNESS WHE OF, we have hereunto set our hands on the day and year below.

“ ss Parks Bell-Yukon Rd Extension-Yukon Rd & Katy Reed Rd “ es Page 6 of 9 IN WITNESS WHE OF, we have hereunto set our hands on the day and year below.

Midland County Clerk Unofficial Copy (COMPANY) RIO GRANDE PIPELINE COMP By: Date: 14652 Michael Midland County Clerk Unofficial Copy Agent and Attorney-in-Fact 7.26.16 (LANDOWNER) CITY OF ODESSA Name: Midland County Clerk Unofficial Copy By: Title: Date: Midland County Clerk Unofficial Copy WALKAMIN TRAD COMPANY. INC.

By: Name: Title: Date: Midland County Clerk Unofficial Copy Hobbs East Gathering - Patriot Lateral LID #1059-Tract #EC-1042/44(DB#8687) Parks Bell-Yukon Rd Extension-Yukon Rd & Katy Reed Rd Midland County Clerk Unofficial Copy Page 7 of 9 IN WITNESS WHER we have hereunto set our hands on the day and year below.

Midland County Clerk Unofficial Copy (COMPANY) 146 Midland County Clerk Unofficial Copy ENTERPRISE PRODUCTS OPERA By: Date: GELC Bron Carl D. Rishadsen Michael D. Brown Agent an Attorney-In Fact 7.25-16 (LANDOWNER) CITY OF ODESSA Name: Richard Mortor Midland County Clerk Unofficial Copy By: Title: City Manager Date: 7-97-16 ✔ Midland County Clerk Unofficial Copy WALKAMIN TRADI By: Name: COMPANY, INC.

CARRY J. BELL, PRES.

Title: PRESIDENT Date: 6-15-2016 Midland County Clerk Unofficial Copy Obos East Gathering - Patriot Lateral LID #1059-Tract #EC-1042/44(DB#8687) Parks Bell-Yukon Rd Extension-Yukon Rd & Katy Reed Rd Midland County Clerk Unofficial Copy Page 7 of 9 STATE O ACKNOWLEDGEMENTS Midland County Clerk Unofficial Copy AAS TY OF HARRIS § § § 146 Ridland County Clerk Unofficial Copy This instrument was acknowledged before me on this by Michael D. Brown, Agent and Attorney-in-Fact for RIOR on heball aid genera artnership.

MICHELE A RODRIGUEZ

46 Ridland County Clerk Unofficial Copy This instrument was acknowledged before me on this by Michael D. Brown, Agent and Attorney-in-Fact for RIOR on heball aid genera artnership.

MICHELE A RODRIGUEZ OTARY PUS, NOTARY PUBLIC-STATE OF TEXAS 4TE OF TEXAS COMM. EXP. 09-06-2018 NOTARY ID 124100810 My Commission Expires: STATE OF TEXAS COUNTY OF ECTOR This i Midland County Clerk Unofficial Copy 2016, by Said City.

JULY 2016 RANDE PIPELINE COMPANY, Michela. Rodrigly Notary Public ment was acknowledged before me on this My Commission Expires: Midland County Clerk Unofficial Copy Hobbs East Gathering - Patriot Lateral LID #1059 Tract #EC-1042/44(DB#8687) Parks Bell-Yukon Rd Extension-Yukon Rd & Katy Reed Rd day of for The Ci Notary Public Midland County Clerk Unofficial Copy Odessa, on Midland County Clerk Unofficial Copy Page 8 of 9 STATE OF ACKNOWLEDGEMENTS Midland County Clerk Unofficial Copy COL OF HARRIS § 146 by Carl D. Richardson, Agent and Attorney-in-Fact Midland County Clerk Unofficial Copy This instrument was acknowledged before me on this OPERATING LLC, a Texas limited liability company, dr company, as authorized by its Manager.

Notary Public 2016 ENTERPRISE PRODUCTS on behalf of said limited liability My Commission Expires: STATE OF TEXAS Unofficial Copy COUNTY OF ECTO 2016.

$ his instrument was acknowledged before me on this & th Midland County Richard Mortm of said City.

My Commission Expires: 7/15/18 Midland County Clerk Unofficial Copy day of city Manager for of July Midland County Clerk Unofficial Copy Midland Count Notary Public NOTA RANDI B. PINEDA TARY PUBLIENOTARY PUBLIC-STATE OF TEXAS ...............

CATE OF TEXA COMM EXP. 07-15-2018 NOTARY ID 12427234-9 Odessa, on East Gathering -- Patriot Lateral ID #1059- Tract #EC-1042/44-- (DB#8687)

NEDA TARY PUBLIENOTARY PUBLIC-STATE OF TEXAS ...............

CATE OF TEXA COMM EXP. 07-15-2018 NOTARY ID 12427234-9 Odessa, on East Gathering -- Patriot Lateral ID #1059- Tract #EC-1042/44-- (DB#8687) Parks Bell-Yukon Rd Extension-Yukon Rd & Katy Reed Rd Midland County Clerk Unofficial Copy Page 8 of 9 STATE OF TEXAS Etnofficial Copy COUNTY OF 2016 § strument was acknowledged before me on this 15 day of Midland County Larry Bell mpany, 146 Chaidland County Clerk Unofficial Copy President Inc., a a Texas corporation, on behalf of said corporation.

My Commission Expires: 010-79-19 Notary Public for Kamin Trading nakespe Midland St Clerk Unofficial Copy Prepared Return To: Enter ise Products Operating LLC Thurmond - Land Department P.O. Box 4324 Houston, Texas 77210-4324 Midland County Clerk Unofficial Copy C BUHNERKEMPE ARY Notary Public, State of Texas FATE OF T My Commission Expires June 24, 2019 Midland County Clerk Unofficial Copy East Gathering Patriot Lateral ID #1059-Tract #EC-1042/44-(DB#8687) Parks Bell-Yukon Rd Extension-Yukon Rd & Katy Reed Rd Midland County Clerk Unofficial Copy Page 9 of 9 Midland County Clerk Unofficial Copy Exhibit A to Encroachment Agreement Description of the Encroachment [ see attached | Enterprise ID: DB-8687 1465 Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Exhibi A Midland County Clerk Unofficial Copy ЕХНІЫТТА Midland County Clerk Unofficial Copy Midland County Clerk PAVING & DRAINAGE IMPROVEMENTS FOR YUKON ROAD EXTENSION CITY OF ODESSA ECTOR COUNTY, GEXAS Midland County Clerk Unofficial Copy PARKS BELL RANCH SABET DEX OTY OF ESSA JCB 150583-30 LEABS. 2014050 EMIRONMEN Naw Tec CZ ENGAGERUNG LAND SURIZING SMa Lat 01561 14652

OF ODESSA ECTOR COUNTY, GEXAS Midland County Clerk Unofficial Copy PARKS BELL RANCH SABET DEX OTY OF ESSA JCB 150583-30 LEABS. 2014050 EMIRONMEN Naw Tec CZ ENGAGERUNG LAND SURIZING SMa Lat 01561 14652 Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy For Midland County Clerk Unofficial Copy !

Midland County Clerk Unofficial Copy 1465 Midland County Clerk Unofficial Copy ۱۸ Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy LLOY Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy 146 Midland County Clerk Unofficial Copy 13 Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy EXHIBIT A MASTNES Midland County Clerk Unofficial Copy SEE SHEET & FOR LEGEND S Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy LA 3 145 Midland County Clerk Unofficial Copy NONALELIT Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy XHIBITA Midland County Clerk Unofficial Copy και πλα Midland County Clerk Unofficial Copy 1465 Midland County Clerk Unofficial Copy LATOR SHALL BE THE GENERAL CONTRACTOR 4 F4EDY תרופה Midland County Clerk Unofficial Copy 12 Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy !

Midland County Clerk Unofficial Copy li 146 Midland County Clerk Unofficial Copy Υμέων κιμάς * www.WTR Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy EXHIB Midland County Clerk Unofficial Copy ここ ATERS BRA Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Hi !

TRAFFE ALSO 1465

ficial Copy Midland County Clerk Unofficial Copy EXHIB Midland County Clerk Unofficial Copy ここ ATERS BRA Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Hi !

TRAFFE ALSO 1465 Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy ACACVESE SEED O ABDARI SAN-TO SPLWAY SODNINETE VIDEAMLA SEC Midland County Clerk Unofficial Copy aos 146560 yw ww YS ATE OF TEXAS x sage county OF ECTOR Oe ™ i Ql:11 PM by me and was duly recorded under the do number oo “Peet” 2016-00011458 in the Official Public Records aig Couns. Texas.

Linda Haney. County Clerk Ector County, Texas ANY PROVISION CONTAINED IN ANY DOCUMENT WHICH RESTRICTS THE SALE, RENTAL. OR USE OF THE REAL PROPERTY DESCRIBED THEREIN BECAUSE OF RACE OR COLOR IS INVALID UNDER FEDERAL LAW AND [IS UNENFORCEABLE.

eee gO ow HOUSTO ) 72104323 yr ge® or av or? wi cots 14 ceo Se acne ‘ ge wo anegOMtenr TO ENCROACHMENT AGREEMENT oi STATE ogyetis § ce § ean? OFECTOR § od ‘ or? This Amendment to Encroachment Agreement Canon is made and entered into wW by and between RIO GRANDE PIPELINE COM (hereinafter referred to as “COMPANY”) whose address is c/o Land Department, P.O. Box 4324, Houston. Texas 772104324, and CITY OF ODESSA, Texas, whose address is 411 W. 8th Street. Odessa, Texas, 79761, and WALKAMIN TRADING COMPANY, INC., whose mailing address is P. O. Box 10649, Midland, Texas 79702 (hereinafter collectively referred to as “LANDOWNER”), whose address is P.O. Box 10649, Midland, Texas, 79702 to amend the provisions of the Encroachment Agreement (“Agreement”) dated July 26, 2016 between LANDOWNER and COMPANY as set forth below.

WITNESSETH: WHEREAS, COMPAN gow owner of a certain pipeline and appurtenances, cos

ons of the Encroachment Agreement (“Agreement”) dated July 26, 2016 between LANDOWNER and COMPANY as set forth below.

WITNESSETH: WHEREAS, COMPAN gow owner of a certain pipeline and appurtenances, cos commonly known as the x eline (hereinafter referred to as “Facilities” or “Pipeline”) and ,. cre the right to future Fach fess virtue of a Right of Way and Easement document(s) covering OW tract land as dese nN the following instrument(s): VW ew x eh Way Agreement dated July 18, 1961 from Harriet P. Faudrg to ays tex Pipe Line Company, recorded at Volume 392, Page 352, cords, yg ctor County, Texas (hereinafter referred to as “Easement”); a0 WW WHEREAS, LANDOWNER owns certain tracts of cated in Ector County, Texas, more particularly described as follows: 5.63 acre parcel of land. more or less, out of Section 45, Block 41, T-1-S, T&P RR Co.

Survey, Ector County, Texas, dedicated as a street right-of-way and more particularly described in that certain Street Right-of-Way Conveyance from 2012 Cross B, LLC to City of Odessa on February 18. 2014 and recorded February 28, 2014 under document number 2014-00002572 in the Official Public Records of Ector County, Texas (the “Property”): and WHEREAS, LANDOWNER and COMPANY entered into the an Encroachment Agreement effective July 26, 2016 Neorded under instrument number 2016-00011458 in the ow County Clerk’s Office of Ectgr SS y. Texas (the “Agreement”) permitting the construction of . \G paved road(s) and associgge@,ad improvements and to lay certain underground utilities over or and across COMPA ipeline(s) as specified in the plan drawings approved by the City \ Odessa and proxidd? lo COMPANY and, which will encroach on the Easement (hee er referred to © “Encroachment”): and ge NS) co

s COMPA ipeline(s) as specified in the plan drawings approved by the City \ Odessa and proxidd? lo COMPANY and, which will encroach on the Easement (hee er referred to © “Encroachment”): and ge NS) co a Hobbs East Gathering — Patriot Lateral oo we Parks Bell-Yukon Rd Extension-Yukon Rd & Katy Reed Rd v0 Page | of 5 or von WHEREAS. the aot N ned plans showed LANDOWNER’S proposal to construct sor eight (8) inch wate, syne SN crossing under the Pipeline in such a manner that maintain, aao™ of four (4) feet from the bottom of the Pipeline to the top of t approximate aye line(s), altaehhe reto as Exhibit A (the “Plans™); and yo” yi: -REAS, LANDOWNER now proposes to construct an Cie a inch water line A Pincive (12) inch storm line crossing under the Pipeline as in the revised plan oe O Fawines dated August 24, 2016 and attached hereto as Exhibit ges sa Yn Plans”); NOW, THEREFORE. in consideration of the ow and mutual covenants herein contained, the undersigned do hereby ALTER. CHANGE and AMEND the Agreement as follows: I. Notwithstanding anything contained in the Agreement to the contrary, the parties hereto do hereby agree to amend the Agreement by adding the Revised Plans. Where the Plans and Revised Plans conflict, the Revised Plans shall control with regard to the utility crossings only and the Plans shall control with regard to the roadway crossings only.

to Underground Pipelines and Utilities; LANDOWNER will install the proposed eighteen (18) inch water line under t cline in such a manner that a minimum separation of oS thirty-six (36) inches isp ited between the bottom of the Pipeline and the top of the 9 water line. L AND QNO ager will install the proposed twelve (12) inch sewer line in such a VO

m separation of oS thirty-six (36) inches isp ited between the bottom of the Pipeline and the top of the 9 water line. L AND QNO ager will install the proposed twelve (12) inch sewer line in such a VO manner any m ys a minimum separation of seventy-five (75) inches lrom the bott AN a ey PIR al nd the top of the sewer line. The proposed six (6) inch onset NP on the Pipeline with a minimum separation of sixty-nine SUree foe On of the Pipeline to the top of the concrete cap. LANDOWN wt coordinate A COMPANY'S representative when exposing the Pipeline sy discretion of OPA S representative, LANDOWNER shall expose ayer han fifteen (15) fect aso? of unsupported pipe. oo we 3. The Amendment shall alter. change, and amend th Vercement only with regard to the utility crossings depicted in the Revised Plans. All other terms and conditions of the Agreement shall remain in full force and effect.

REMAINDER OF PAGE LEFT BLANK; SIGNATURES CONTAINED ON NEXT PAGE Avs. Kast Gi mbering Patriot Lateral 2 LID 41059 - Tract SEC-104244 (DB #8687) a" Ww Wy Page 2 of 5 IN WITNESS WIE F. we have hereunto set our hands on the day and year below.

Midland County Clerk Unofficial Copy (COMPANY) 1465 Midland County Clerk Unofficial Copy RIO GRANDE PIPELINE COMP By: Name: Date: Agent and Attorney-in-Fact 9/7/16 (LANDOWNER) Midland County Clerk Unofficial Copy CITY OF ODESSA By: Name: Richard Morton Title: City Manager Date: 09/06/2016 WALKAMIN DING COMPANY. INC.

Midland County Clerk Unofficial Copy By: Midland County Clerk Unofficial Copy Hobbs East Gathering Patriot Lateral LID #1059 Tract #EC-1042/44 (DB#8687) Parks Bell-Yukon Rd Extension-Yukon Rd & Katy Reed Rd Name: CARRY J. BELL Title: Date: PRESIDENT 9/6/2016 .

k Unofficial Copy Hobbs East Gathering Patriot Lateral LID #1059 Tract #EC-1042/44 (DB#8687) Parks Bell-Yukon Rd Extension-Yukon Rd & Katy Reed Rd Name: CARRY J. BELL Title: Date: PRESIDENT 9/6/2016 .

Midland County Clerk Unofficial Copy Page 3 of 5 ACKNOWLEDGEMENTS Midland Unofficial Copy STATE EXAS NTY OF HARRIS § 88888 § 1465 Midland County Clerk Unofficial Copy This instrument was acknowledged before me on this h by CARLD.

LD. RICHARDSON Agent and At PIPELINE COMPANY, on behalf of said general partnership.

SOTARY PUB MICHELE A RODRIGUEZ ATE OF TEXAS COMM. EXP. 09-06-2018 NOTARY ID 1241007-2 My Commission Expires: Midland County Clerk Unofficial Copy SI SEPTEMBER 2016 At for RIO GRANDE Michele a Pedrigy Notary Public Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Hobbs East Gathering Patriot Lateral LID #1059-Tract #EC-1042/44- (DB#8687) Parks Bell-Yukon Rd Extension-Yukon Rd & Katy Reed Rd Midland County Clerk Unofficial Copy Page 4 of 5 STATE OF TEXAS COUNTY OF § County Clerk Unofficial Copy Midland Count § is instrument was acknowledged before me on this 6th day of Se Richard Morton behalf of said City.

Midland County Clerk Unofficial Copy City Manager Notary Public My Commission Expires: 06-24-2019 fo mber City of Odessa, on neckerpe My Commission Expires: 06-24-19 C3nty Clerk Unofficial Copy Presiclent Notary Public da eptember for Walkamin Trading shnerkepe C BUHNERKEMPE Notary Public. State of Texas My Commission Expires June 24, 2019 Prepared By/Return To Rio Grande Pipeline c/o L. Thurmo P.O. Box.

Land Department Midland County Clerk Unoffic Texas 77210-4324 Hobbs East Gathering Patriot Lateral LID #1059-Tract #1EC-1042/44 - (DB#8687) Parks Bell-Yukon Rd Extension-Yukon Rd & Katy Reed Rd

. Box.

Land Department Midland County Clerk Unoffic Texas 77210-4324 Hobbs East Gathering Patriot Lateral LID #1059-Tract #1EC-1042/44 - (DB#8687) Parks Bell-Yukon Rd Extension-Yukon Rd & Katy Reed Rd Midland County Clerk Unofficial Copy Page 5 of 5 Midland County Clerk Unofficial Copy T 1465 Midland County Clerk Unofficial Copy EXHIBIT A Midland County Clerk Unofficial Copy G COTSAL STTORI Midland County Clerk Unofficial Copy indve 1...

PM Midland County Clerk Unofficial Copy i Midland County Clerk Unofficial Copy i Midland County Clerk Unofficial Copy ラえ XHIBIT B 14652 Midland County Clerk Unofficial Copy 1 YUKON ROAD Midland County Clerk Unofficial Copy ENVIRONMENTAL CIVIL ENGINE CLAND SURVEYING FOR <7) Sons Texas, Odessa Ex. 7476 CONSTRUCTION 0.30% 0.3 .30% SEWER PLANA PROFILL LINT HOME MESTEAD AT PARKS BELL RANCH, 2ND FHING, PHASE 3 ODESSA, ECTOR COUNTY, TEXAS 58 PROP. 12 SDR-35 SEWER LINE J (PHASE 3) 2134 01 #13 Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy кличт KATE REED DRIVE 811 Call below.

SEE SHEET 05 FOR LEGEND & ESTIMATED QUANTITIES Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy SEGMENT 1 EXHIBIT SHOWING THE SIDEWALK SEGMENTS YUKON ROAD ODESSA, ERTOR COUNTY, TEXAS Midland County Clerk Unofficial Cop SEGMENT 2 SEGMENT 8 SEGMENT 4 SEGMENT 10 SEGMENT 9 Midland County Clerk Unofficial Copy ENG.

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LCA JOB No. 2014-040 CIRCLE CROSS ROAD RANCH ROAD SEGMENT 7 SEGMENT 5 Midland County Clerk Unofficial Copy SEGME ADE MO Midland County Clerk Unofficial Copy ㅓ ・エコト 1 300' 0 300' SCALE: 1" = 300' Midland County Clerk Unofficial Copy LCA Porsonal Souvion, Today and Tomorrow

dland County Clerk Unofficial Copy SEGME ADE MO Midland County Clerk Unofficial Copy ㅓ ・エコト 1 300' 0 300' SCALE: 1" = 300' Midland County Clerk Unofficial Copy LCA Porsonal Souvion, Today and Tomorrow ENVIRONMENTAL CIVIL ENGINEERING LANDS LAND SURVEYING 521 North Texas, Odessa Tx. 79761 001363 F-10034300 Phone# (432) 332-5058 E-Mail: [email protected] 14652 pit (Segment 2).dwg, Layout, 10/12/2016 1:04:29 PM Sidewalk Exhibit (Segmer ent 2)\201414-040 Sidewalk Exhibit F Midland County Clerk Unofficial copy 0 40' SCALE: 1" BACK CAMB PSA STA 6+13,54 Midland County Clerk Unofficial Copy ENG.

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LCA JOB No. 2014-040 29 PROPOSE SCEФАК STA, 615154 40' بان 1200060 S SPAKING SKETCH FOR SIDEWALK@ NORTHSIDE YUKON ROAD FROM THE BEGINNING COMMERCIAL TRACT DRIVEWAY 132 STA 7+5000 ند EASING BACK of ce YUKON ROAD STAN 8+00.00 233 Midland County Clerk Unofficial Copy STA 940 955 STA 845039, 243 Midland County Clerk Unofficial Copy 530 518 STA 450001 5' S.DEWALK ste 20 STA 10+00.00 FXSING WATER LIVE 20 MGCIS CSOd Midland County Clerk Unofficial Copy 18590 VIS BACK OF CURY STA C+7553 PT STA INDICATES STAKE BACK OF CURB W/OFF-SET DISTANCE 2 Midland County Clerk Unofficial Copy LCA ENVIRONMENTAL CIVIL ENGINEERING LAND SURVEYING 521 North Texas, Odessa Tx. 79761 Phone # (432) 332-5058 Personal Sowice, Today and Tomonor 901363 F-10034300 Mail: [email protected] 14652 Midland County Clerk Unofficial Copy 146 EXHIBIT Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy وو Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Ww vo" A CA 14 <get yy” [email protected] yee Oy 521 N. Texas Ave. * Odessa, Texas 79761 xb

Clerk Unofficial Copy Midland County Clerk Unofficial Copy Ww vo" A CA 14 <get yy” [email protected] yee Oy 521 N. Texas Ave. * Odessa, Texas 79761 xb CN (432) 332-5058 or 580-8812 + Fax (432) 332-8812 CMP ws Engineering Firm# 001363 ¢ Surveying Firm# 1003430aN S or LEGAL DESCRIPTION OF LOT 1, BLOCK 5 wo" PARKS BELL RANCH NORTH, 3rd FILING AN ADDITION TO THE CITY OF ODESSA ECTOR COUNTY, TEXAS BEING 30.95-ACRES DESCRIBED AS LOT 1 BLOCK § OF PARKS BELL RANCH NORTH, 3rd FILING , AS RECORDED IN CABINET B, PAGE 196-C OF THE ECTOR COUNTY PLAT RECORDS LOCATED IN SECTION 45, BLOCK 41, T-1-S, T&P RR CO. SURVEY, ECTOR COUNTY, TEXAS, AND BEING e PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: ow Beginning at (Y= 10,673,848 S ms. 752.75’) a 42” Iron rod with cap marked “LCA ODESSA ,- ge TX” found in the NCH RN ao line of Yukon Road, a 130-foot public right-of-way, as described i we Ae PARKS BEL ak SO erH 2" FILING in Cabinet B, Page 113-B of the Ector County PES Records; oe ce THE Sth 59°15’00” East with said cut-back, a distance of 28.28 feet to a ! aaod with cap of ‘LCA ODESSA TX” found in the west right-of-way of Circle Cros Re: 50-foot public right- THe IN way, as described in a plat of record, PARKS BELL RANCH NORT, G in Cabinet B, Page 112-C of said Ector County Plat Records; wo THENCE South 14°15’00” East with the west right-of-way of said Circle Cross Rad, a distance of 930.40 feet to a '4” Iron rod with cap marked “LCA ODESSA TX” found at a point of deflection; THENCE South 15°02’45” East with the west right-of-way of said Circle Cross Road, a distance of 280.00 feet to a 4%” Iron rod with cap marked “LCA ODESSA TX” found at the cut-back corner of said Circle Cross Road;

15°02’45” East with the west right-of-way of said Circle Cross Road, a distance of 280.00 feet to a 4%” Iron rod with cap marked “LCA ODESSA TX” found at the cut-back corner of said Circle Cross Road; THENCE South 29°57715” West with said cut-back, a distance of 28.28 feet to a 4” Iron rod with cap marked “LCA ODESSA TX” found in the north right-of-way line of Cross B Road, an 80-foot public Thence South 74°57 15” West with th NS sntotway of said Cross B Road, a distance of 1,042.05 cow feet to a 4” Iron rod with cap “ee CA ODESSA TX” found at the cut-back corner of said Cross B xo Road; A\' Ww yy .

THENCE Nort *09” West with said cut-back, a distance of 28.11 feet to a %” Iron r Mrciip marked “LC SSA TX” found in the east right-of-way of Faudree Road, a 120-foo it right-ofway, aA ibed in Volume 968, Pages 593 and 611 of the Ector County Deed reget yg yg ye aye™ ww cows 1465 wwe Ke THENCE North 14°17 est with the east right-of-way of said Faudree Road, a distance of Logg feet to a 4” Iro rage cap marked “LCA ODESSA TX” found at a Point of Curvature of asthe ‘0 the right; ws’ os TRE sions said curve to the right in a northeasterly direction, having ar ign gth of 200.00 feet, a oi angle of 90°02’04”, an arc length of 314.28 feet, a chord length gy 2.93 feet bearing North . 0°43°59” East to a Point Of Tangency; .

wr? gency wre THENCE North 75°45’00” East with the south right-of-way of said Yukon Road, a distance of 858.43 feet to the Point of the Beginning containing 30.95 surface acres of land, as depicted on the attached EXHIBIT as TRACT 1.

Bearings, Distances and Coordinates are relative to the Texas Coordinate System, 1983 NAD, Central

the Beginning containing 30.95 surface acres of land, as depicted on the attached EXHIBIT as TRACT 1.

Bearings, Distances and Coordinates are relative to the Texas Coordinate System, 1983 NAD, Central 1,685,243.801’) with a theta angle of -01°00’53” and a combined grid factor of 0.999870096.

This document was prepared under 22 TAC 663.21, and is not to be used to convey or establish interest in real property except those rights and interest implied or established by the creation or reconfiguration of the boundary of the political subdivision fogyicn it was prepared.

; i, 410 7 % N E Midland County Clerk Unofficial Copy P Today 3938 48 47 W Midland Count PARKS BELL RANCH NORTH MASTER PLAN PARKS BELL RANCH ASSOCIATION, INC.

EXHIBIT FOR DECLARATION OF COVENANTS ROAD NCH ROAD ROSS B KATE REED DRIVE 39 45 46 unty Clerk Unofficial Copy YUKON ROAD (FUTURE) LEGACY ROAD ECTOR COUNTY MIDLAND COUNTY CROSS B ROAD Midland County Clerk Unofficial Copy AUDREE ROAD P BAR RANCH H 1,000' S 0 SCALE: 1" = 1,000' LEGEND AREA EXCLUDED FROM THE ASSOCIATION AREA INCLUDED IN THE ASSOCIATION ACRES 30.95 ACRES 27.0 ACRES 84.6 ACRES 8.2 ACRES 18.0 ACRES 12.8 ACRES 4.1 ACRES 45.6 ACRES 0.4 ACRES 37.6 ACRES 24.8 ACRES F-10034300 [email protected] Midland County Clerk Unofficial Copy NO.

23 9 BAR RANCH ROAD 891011 HWY 191 ENVIRONMENTAL CIVIL ENGINEERING LAND SURVEYING 14652 REVISION OCT. 30, 2017 LCA 521 North Texas, Odessa Tx. 79761 Phone # (432) 332-50.58 Prasad Suurina, Today and Tomassen Midland County Clerk Unofficial Copy AARON PARKER ROAD REFERENCES: 2012 CROSS B, LLC 841.67 ACRE TRACT DOCUMENT NO.

2012-00018892 OFFICIAL PUBLIC RECORDS ECTOR COUNTY TEXAS.

uurina, Today and Tomassen Midland County Clerk Unofficial Copy AARON PARKER ROAD REFERENCES: 2012 CROSS B, LLC 841.67 ACRE TRACT DOCUMENT NO.

2012-00018892 OFFICIAL PUBLIC RECORDS ECTOR COUNTY TEXAS.

ASTER PLAN FOR PARKS BELL RANCH PREPARED BY MESA DATED 18, 2015.

Midland County Clerk Unofficial Copy ENG 517 E.T.

DFT.

LCA JOB No. 2010-007 aA 1<set yy” [email protected] ye ent 521 N. Texas Ave. * Odessa, Texas 79761 ext CHO (432) 332-5058 or 580-8812 + Fax (432) 332-8812 CN ss Engineering Firm# 001363 * Surveying Firm# 1003430 ® LEGAL DESCRIPTION OF s we PARKS BELL RANCH NORTH RS ING AND LOTS 5 & 6 BLOCK'5 REPLAT OF LOT 3, BLOCK 4 PARKS BELL RANCH NORTH, 2ND FILING AN ADDITION TO THE CITY OF ODESSA ECTOR COUNTY, TEXAS BEING 27.0-ACRES DESCRIBED AS LOTS 2 AND 4, BLOCK 4 OF PARKS BELL RANCH NORTH, 3RD FILING , AS RECORDED IN CABINET B, PAGE 113-B AND LOTS 5 & 6 BLOCK 5, REPLAT OF LOT 3, BLOCK 4 PARKS BELL RANCH NORTH, 2ND FILING RECORDED IN CABINET B, PAGE 196-D OF THE ECTOR COUNTY PLAT RECORDS LOCATED IN SECTION 45, BLOCK 41, T-1-S, T&P RR CO. SURVEY, ECTOR COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS J FOLLOWS: oF CF Beginning at (Y=10,674,556% 68249737) a4” iron rod with plastic cap marked “LCA ao?

ODESSA TX” set in tigen of way line of proposed Faudree Road for the northwest corner of Lot 2 Block 4, ell Ranch North, 2" Filing as described in Cabinet b, Page 113-B fab or County Plat S N wv ws WY gor South 65°37'42" East, a distance of 206.21 feet to a %” iron rod with SME cap marked “LCA . se™ DESSA TX” set for a point of deflection in the east line of this tray Ww \

County Plat S N wv ws WY gor South 65°37'42" East, a distance of 206.21 feet to a %” iron rod with SME cap marked “LCA . se™ DESSA TX” set for a point of deflection in the east line of this tray Ww \ Thence North 74°46’27” East, a distance of 1,181.86 feet to a 2” iron rod with plastic cap marked “LCA ODESSA TX” set for a point of deflection in the east line of this tract; Thence South 51°33'45" East, a distance of 66.82 feet to a 4” iron rod with plastic cap marked “LCA ODESSA TX” set for a point of deflection in the east line of this tract; Thence South 44°12'25" East, a distance of 560.66 feet to a 4” iron rod with plastic cap marked “LCA ODESSA TX” set for a point of deflection in the east line of this tract; Thence South 39°05'24" East, a distance aeh.’s feet to a '%” iron rod with plastic cap marked “LCA oN ODESSA TX” set in the north right i ine of proposed Yukon Road for a point of deflection in the . GP east line of this tract; acne acne Ke sire © Thence South 75°4K West the south right of way line of said proposed Yukon Road, at a digg 8 1,581.44 feet One int of curvature in the west line of this tract; ge wo” wo” Page lof2 cots 14 ge Thence along a curve to the Ry the east right of way line of said Faudree Road, said curve having radius length of 199.9 No an arc length of 314.12 feet, a delta angle of 90°00'40" and a chord 282.80 feet be h 59°19'41" West to a 4” iron rod with plastic cap marked “LCA TX” set for ow ae corner of said dedication, being a point of tangency in the west we Is tract; ot Q rn 75°40'28" East with the east right of way line of said propo ay Road, a distance of ww” 7.97 feet; oh?

Thence North 14°17'04" West with the east right of way line of said proposed Faudree Road, a distance of

8" East with the east right of way line of said propo ay Road, a distance of ww” 7.97 feet; oh?

Thence North 14°17'04" West with the east right of way line of said proposed Faudree Road, a distance of 665.62 feet to the Point of Beginning containing 27.0 surface acres of land, as depicted on the attached EXHIBIT as TRACT 2.

Bearings, Distances and Coordinates are relative to the Texas Coordinate System, 1983 NAD, Central 1,685,243.801°) with a theta angle of -01°00°53” and a combined grid factor of 0.999870096.

This document was prepared under 22 TAC 663.21, and is not to be used to convey or establish interest in ys ge* Landgraf, R yw é Deceyhber, pb ioier NO. 2010-007.36 \ we cows cows we Ns yd ys oF go ww” ww” Page 2 of 2 CA 146g © 9S yr [email protected] yr x 521 N. Texas Ave. * Odessa, Texas 79761 e ge (432) 332-5058 or 580-8812 * Fax (432) 332-8812 gre x) Engineering Firm# 001363 * Surveying Firm# 1003430 AN) am gm ‘ sye® . XS Ww LEGAL DESCRIPTION 84.6 ACRES LOCATED SECTIONS 40 AND 45, BLOCK 41, T-1-S T&P RR CO. SURVEY ECTOR COUNTY, TEXAS BEING 84.6-ACRES IN SECTIONS 40 & 45, BLOCK 41, T-1-S, T&P RR CO. SURVEY, ECTOR COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: corner of said Section 40 and the north of said Section 45, of said Block 41; ‘I CG cor THENCE North 74°46’27” Easy of 416.32 feet to a Point of Curvature of a curve to the right; so?

THENCE along =a the right in a northeasterly direction, having a radius length of 24409

ck 41; ‘I CG cor THENCE North 74°46’27” Easy of 416.32 feet to a Point of Curvature of a curve to the right; so?

THENCE along =a the right in a northeasterly direction, having a radius length of 24409 feet, a delta angle 8°55”, an arc length of 320.02 feet, a chord length of 319.70 feet beans orth 79°10'54” E ie Point of Tangency; ge w) . ws TERAOENonth 83°35°22” East, a distance of 2,431.71 feet to an ell corner of ego . go rence South 06°24’38” East, a distance of 867.19 feet to a Point gett of a curve to the left; THENCE along said curve to the left in a southeasterly directioN ving a radius length of 500.00 feet, a delta angle of 60°00°00”, an arc length of 523.60 feet, a chord length of 500.00 feet bearing South 36°24’38” East to the Point of Tangency; THENCE South 66°24’38” East, a distance of 195.75 feet to a Point of Curvature of a curve to the right; THENCE along said curve to the right in a southeasterly direction, having a radius length of 450.00 feet, a delta angle of 51°11705” an arc length of 402.00 feet, a chord length of 388.77 feet bearing South 40°49°06” East to the Point of Tangency; THENCE South 15°13’33” East, a distance @f 307.74 feet to the north right-of-way of Yukon Road and also being the Point of Curvature of ‘ Evite left; cow THENCE along said curve an x) in a southwesterly direction, having a radius length of 1,380.00 foegey OX?

a delta angle of 04°51 GXQAn arc length of 117.17 feet, a chord length of 117.14 feet bearing Sae 44°04’33” East \ ore nt of Reverse Curvature to the right; see THENC v said curve to the right in a southwesterly direction, having a radi abt of 1,120.00 regi tl of 34°06’22” an arc length of 666.70 feet, a chord length Eegon t bearing South & 49” East to the Point of Tangency; S aye™ Xo Ww we cows 146 € a

terly direction, having a radi abt of 1,120.00 regi tl of 34°06’22” an arc length of 666.70 feet, a chord length Eegon t bearing South & 49” East to the Point of Tangency; S aye™ Xo Ww we cows 146 € a «cd ‘ xO aw si THENCE South 7 seasyynWest, a distance of 34.21 feet to a point of deflection; yw® i THENCE Re D's3:07 West, a distance of 1,590.41 feet to a point of deflection; ce iO ye North 53°35’20” West, a distance of 852.58 feet to a point of defleag@ QO THENCE North 61°18°45” West, a distance of 652.52 feet toa pojaygrMection W THENCE North 64°48’58” West, a distance of 353.74 feet to a point of curvature of a curve to the left; THENCE along said curve to the left in a southwesterly direction, having a radius length of 2000.00 feet, a delta angle of 05°7°40”, an arc length of 196.45 feet, a chord length of 196.37 feet bearing South 77°35°17” West to the Point of Tangency; THENCE South 74°46’ 19” West, a distance of 417.23 feet to the Point of the Beginning containing 84.6 surface acres of land, as depicted on the attached EXHIBIT as TRACT 3.

Bearings, Distances and Coordinates are relative to the Texas Coordinate System, 1983 NAD, Central 1,685,243.801°) with a theta angle CU * and a combined grid factor of 0.999870096. oF This document was prepare gers TAC 663.21, and is not to be used to convey or establish interest i gn?

real property except t and interest implied or established by the creation or reconfiguny the boundary of theyoNdcal subdivision for which it was prepared.

Qe pecember/2017 LCA PROJECT NO. 2010-007.30 ¢ A 14 aan) [email protected] yo” 521 .N. Texas Ave. * Odessa, Texas 79761 NA

or which it was prepared.

Qe pecember/2017 LCA PROJECT NO. 2010-007.30 ¢ A 14 aan) [email protected] yo” 521 .N. Texas Ave. * Odessa, Texas 79761 NA ce (432) 332-5058 or 580-8812 © Fax (432) 332-8812 cet ws Engineering Firm# 001363 * Surveying Firm# 10034309 vo LEGAL DESCRIPTION OF A yo® we 8.2-ACRE TRACT LOCAT SECTION 45, BLOCK 41, T&P RR CO. SURVEY ECTOR COUNTY, TEXAS BEING 8.2-ACRES IN SECTION 45 BLOCK 41, T-1-S, T&P RR CO. SURVEY, ECTOR COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: (Control Monument) in the south right-of-way of said Yukon road and a cutback corner of a dedicated 60-foot road, -as described in Document No, 2014-00002572 of said Official Public Records of Ector County, Texas; THENCE South 81°28’57” East with said a a distance of 22.80 feet to a cut-back corner in the west right-of- ow way of a 60-foot road and being a Point Qf ature of a curve to the right, as described in said Document No. Qe 2014-00002572; . en THENCE along said eugene right in a southeasterly direction, having a radius length of 580.00 feta angle of 01°57°22”, We ength of 19.80 feet, a chord length of 19.80 feet bearing South 28°1 1°56” E: oint of Tangency; ge ge Thence wh 9°10°37” East, a distance of 150.36 feet to a Point of Curvature of a curv Si: ena ae Aa NCE along said curve to the right in a southeasterly direction, having a hoes of 500.00 feet, a delta . re angle of 14°07°52”, an arc length of 123.32 feet, a chord length of 123 aah aring South 22°06’41” East to a WwW Point of Tangency; THENCE South 15°02’45” East, a distance of 185.19 feet to a cut-back corner;

f 14°07°52”, an arc length of 123.32 feet, a chord length of 123 aah aring South 22°06’41” East to a WwW Point of Tangency; THENCE South 15°02’45” East, a distance of 185.19 feet to a cut-back corner; THENCE South 30°21°08” West with said cut-back, a distance of 28.09 feet to a cut-back corner in the north rightof-way line of Deer Creek Ranch Road; THENCE South 75°45’00” West with the north right-of-way line of said Deer Creek Ranch Road, a distance of 1,024.82 feet to a cut-back corner; THENCE North 65°51°39” West, with said cut-back, a distance of 31.35 feet to a cut-back corner in the east rightof-way said Deer Creek Ranch Road; THENCE North 14°15°00” West, a disangg SOY92 feet to a cut-back corner; cows THENCE North 30°45’00” Eagegent cut-back, a distance of 28.28 feet to a cut-back corner in the south rane?

of-way of said Yukon Roa yy’ we THENCE North ie 0” East with the south right-of-way of said Yukon Road, a distance of et to a a Point of Curvat curve to the left; ws ws go gm cows 14 egos ot oe go THENCE along said curv eft in a northeasterly direction, having a radius length of 1,250.00 feet, Ke angle of 34°06°22”, qe gth of 744.08 feet, a chord length of 733.14 feet bearing North oN ok re) Point of Reversi e of a curve to the right; THENC Ge curve to the right in a northeasterly direction, having a radius length of, gave feet, a delta a 10°02”, an arc length of 25.47 feet, a chord length of 25.47 feet bearing N 33” East to the of the Beginning containing 8.2 surface acres of land, as depicted a wae EXHIBIT as TRACT go ws Bearings, Distances and Coordinates are relative to the Texas Coordinate System, 1983 NAD, Central

s TRACT go ws Bearings, Distances and Coordinates are relative to the Texas Coordinate System, 1983 NAD, Central 1,685,243.801°) with a theta angle of -01°00’53” and a combined grid factor of 0.999870096.

This document was prepared under 22 TAC 663.21, and is not to be used to convey or establish interest in real property except those rights and interest implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared.

go 10 LCA PROJECT sagen 30 go™ " yo ww X\ cows oot er ei yee yee wt wt ge ge ys ys go go ACA 1 «6690S \% NN ENVIRON: CIVIL ENGINEERING * LAND SURVEYING gor ye [email protected] oo NA 521 N. Texas Ave. * Odessa, Texas 79761 yn \es (432) 332-5058 or 580-8812 ° Fax (432) 332-8812 es G Engineering Firm# 001363 * Surveying Firm# 10034300 G yg LEGAL DESCRIPTION OF A yg . so 18.0-ACRE TRACT LOCATED QQ vw SECTION 45, BLOCK 41,q T&P RR CO. SURVE ECTOR COUNTY, TEXAS BEING 18.0-ACRES IN SECTION 45 BLOCK 41, T-1-S, T&P RR CO. SURVEY, ECTOR COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: “LCA ODESSA TX” at the northeast.corner of Kate Reed Road and Deer Creek Ranch S Road as described on the plat off tead at Parks Bell Ranch, 2nd Filing, recorded in cov Cabinet B, Pages 117 B&C of ie tor County Plat Records; . xo Ae se THENCE North soxgeg West, a distance of 28.48 feet to a cut-back corner; yw THENC ayer 15°02’45” West, a distance of 186.31 feet to a Point of C MN of a CUrVeS left; eS) 9 6 go" &: ENCE along said curve to the left in a northwesterly droge tiving a radius length of “05

er; yw THENC ayer 15°02’45” West, a distance of 186.31 feet to a Point of C MN of a CUrVeS left; eS) 9 6 go" &: ENCE along said curve to the left in a northwesterly droge tiving a radius length of “05 580.00 feet, a delta angle of 14°07°52”, an arc length \i 142.69 feet bearing North 26°45’23” West to a Point of Tattgency; feet, a chord length of THENCE North 29°10°37” West, a distance of 150.36 feet to a Point of Curvature of a curve to the right; THENCE along said curve to the right in a northwesterly direction, having a radius length of 500.00 feet, a delta angle of 04°50’28”, an arc length of 42.25 feet, a chord length of 42.24 feet bearing North 26°45’23” East to a Point of Tangency; THENCE North 12°27°27” East, a distance of 35.50 feet to a cut-back corner in a curve to the right; © nigh cows cows THENCE along said cunyegei right in a northeasterly direction, having a radius length of ao 1,250.00 feet, a del of 27°11°13”, an arc length of 593.13 feet, a chord length KAO 587.58 feet bear} rth 62°09°23” East to a Point of Tangency; S oe cows THENCE North 75°45 @RCEst, a distance of 672.63 feet to the northeast corner of this ye tract; “N VV 8 ey , ye THENCE SY 14°09’46” East, a distance of 681.29 feet to a cut-back comeny G gman South 30°35°24” West, a distance of 28.20 feet to a cut-bags er; KN XN wo” THENCE South 75°45°00” West, a distance of 147.18 ga She Point of the Beginning containing 18.0 acres to the Point of the Beginning contaiNfng 18.0 surface acres of land, as depicted on the attached EXHIBIT as TRACT 5.

Bearings, Distances and Coordinates are relative to the Texas Coordinate System, 1983 NAD, Central Zone, based on the City of Odessa GPS control monument “OD8P”

elative to the Texas Coordinate System, 1983 NAD, Central Zone, based on the City of Odessa GPS control monument “OD8P” combined grid factor of 0.999870096.

This document was prepared under 22 TAC 663.21, and is not to be used to convey or establish interest in real property except those rights and interest implied or established by the creation or reconfiguration of the Syndary of the political subdivision for which it was prepared. \ 08 cov "JOHN F. LANDGRAF v0, 2410 xe LF 206 oO OEE ENVIRONM: CIVIL ENGINEERING * LAND SURVEYING rN [email protected] 9 we 521 N. Texas Ave. ¢ Odessa, Texas 79761 wr ge (432) 332-5058 or 580-8812 ° Fax (432) 332-8812 | yet AN) Engineering Firm# 001363 * Surveying Firm# 10034300 x gy av oo {oo WW LEGAL DESCRIPTIO 12.8 ACRES LOCATED IN SECTIONS 45 AND 46, BLOCK 41, T-1-S T&P RR CO. SURVEY ECTOR COUNTY, TEXAS BEING 12.8-ACRES IN SECTIONS 45 & 46, BLOCK 41, T-1-S, T&P RR CO. SURVEY, ECTOR COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: the right, whence a brass cap found at the Oped, di corner of said Section 45 and the southwest corner of \ said Section 46 bears North 7 , a distance of 246.87 feet and South 14°09°46” East, a yo distance of 2,270.20 feet; oo sf gor THENCE along said s we right in a northwesterly direction, having a radius length of Iegod feet, a delta angl 45°55”, an are length of 20.04 feet, a chord length of 20.04 “ON 14932748” yee? he Point of Tangency; so reggnt Ne 14°09°46” West, a distance of 679.96 feet to an ell corner 8 ioe;

feet, a delta angl 45°55”, an are length of 20.04 feet, a chord length of 20.04 “ON 14932748” yee? he Point of Tangency; so reggnt Ne 14°09°46” West, a distance of 679.96 feet to an ell corner 8 ioe; . ye HENCE North 75°45’00” East, a distance of 793.75 feet to a the n Oorner of this tract; \ THENCE South 14°15’°00” East, a distance of 700.00 feet to the W veast corner of this tract; THENCE South 75°45’00” West, a distance of 794.68 feet to the Point of the Beginning containing 12.8 surface acres of land, as depicted on the attached EXHIBIT as TRACT 6.

Bearings, Distances and Coordinates are relative to the Texas Coordinate System, 1983 NAD, Central 1,685,243.801°) with a theta angle of -01°00’53” and a combined grid factor of 0.999870096.

This document was prepared under 22 TAC 663.21, and is not to be used to convey or establish interest in real property except those rights and i or established by the creation or reconfiguration of the boundary of the political subdivisigg & cow’ aavesaeee 14652 | ACA cow ENVIRON: em CIVIL ENGINEERING * LAND SURVEYING cre ae sf yy” [email protected] y we x 521 N. Texas Ave. * Odessa, Texas 79761 x’ ws Engineering Firm# 001363 ° Surveying Firm# 1003430 oo aye™ 4.1 ACRES LOCATED IN SECTION 46, BLOCK 41, T-1-S T&P RR CO. SURVEY ECTOR & MIDLAND COUNTIES, TEXAS BEING 4.1-ACRES IN SECTION 46, BLOCK 41, T-1-S, T&P RR CO. SURVEY, ECTOR & MIDLAND COUNTIES, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:

R & MIDLAND COUNTIES, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: the right, whence a brass cap found at th east corner of Section 45 and the southwest corner of said oS Section 46 bears South 15°00’03” eS stance of 50.24 feet and South 74°59°57” West, a distance of CP 2,151.35 feet; a a go gor THENCE North 62°4& est, a distance of 26.90 feet to a Point of Deflection; yr ge® x yr T North 13°21°29” East, a distance of 230.00 feet to a Point of Pek ee gos® THENCE South 76°38’31” East, a distance of 135.42 feet to a Poi ABMecton THENCE South 55°30’31” East, a distance of 37.34 feet to a Point of Curvature of a curve to the left: ' THENCE along said curve to the left in a southeasterly direction, having a radius length of 380.51 feet, a delta angle of 25°52’46”, an arc length of 171.87 feet, a chord length of 170.41 feet bearing South 48°50°31” East to a Point of Tangency; THENCE South 61°46’54” East, a distance of 172.22 feet to a Point of Curvature of a curve to the right; THENCE along said curve to the right in a southeasterly direction, having a radius length of 119.93 feet, a delta angle of 23°54’37”, an arc length of 50.05 feet, a chord length of 49.69 feet bearing South 49°49°36” East to a Point of Tangency; cow cow THENCE South 37°52’17” AN ggyae of 56.16 feet to a Point of Tangency: a go” THENCE along said case . right in a southwesterly direction, having a radius length of 2, 200900 feet, a delta an leg! 0°47”, an arc length of 518.24 feet, a chord length of 516.79 feet ate uth

a go” THENCE along said case . right in a southwesterly direction, having a radius length of 2, 200900 feet, a delta an leg! 0°47”, an arc length of 518.24 feet, a chord length of 516.79 feet ate uth 61946734” Wi x Mint of Tangency to the Point of the Beginning containing 4. mse s of land, as tobied on the attached EXHIBIT as TRACT 7 ws om oo wo” wo” Ww . e® 14457 cot cov co xy N' eo Bearings, Distances and ates are relative to the Texas Coordinate System, 1983 NAD, Ce 1,685,243.801° with theta angle of -01°00°53” and a combined grid factor of 0.9998700! ex rty except those rights and interest implied or established by the c or reconfiguration of This deat was prepared under 22 TAC 663.21, and is not to be used to conve blish interest in asoeoundary of the political subdivision for which it was prepared. a \e John F. Laridgraf, RPLS 241 5 Detember, 201 LCA PROJECT NO. 2010-007.30 e ae © cece naeenee?

e seee JOHN F. eine Boris : e a MOF ES Gish Be SUT kat ay 4 ei cs wer" eS ENVIRON: oWvin ENGINEERING * LAND SURVEYING acy?

ot si x 521 N. Texas Ave. * Odessa, Texas 79761 Engineering Firm# 001363 ° Surveying Firm# 10034300 x) AN) oT So a ay® LEGAL pescrrprionw® 45.6 ACRES LOCATED IN SECTION 46, BLOCK 41, T-1-S T&P RR CO. SURVEY MIDLAND COUNTY, TEXAS BEING 45.6-ACRES IN SECTION 46, BLOCK 41, T-1-S, T&P RR CO. SURVEY, MIDLAND COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: brass cap found at the southeast com Section 45 and the southwest corner of said Section 46 ws

AS FOLLOWS: brass cap found at the southeast com Section 45 and the southwest corner of said Section 46 ws bears South 15°00’03” East, a of 198.14 feet and South 74°59°57” West, a distance of . \ 0 2,728.74feet; gor go THENCE wen 3 of ” West, a distance of 57.67 feet to a Point of Curvature of a cargo left; ce ge said curve to the left in a northwesterly direction, having a radj Sheth of 199.93 ‘a delta angle of 23°54°37”, an arc length of 83.44 feet, a chord le RL 2.83 feet bearing a 49°49’36” West to a Point of Tangency; RS THENCE North 61°46°54” West, a distance of 172.22 feet srr. of Curvature of a curve to the right; THENCE along said curve to the right in a southeasterly direction, having a radius length of 300.51 feet, a delta angle of 62°49’30”, an arc length of 329.51 feet, a chord length of 313.25 feet bearing North 30°22’10” West to a Point of Tangency; THENCE North 01°02°35” East a distance of 1,680.92 feet to the north corner of this tract and a point on a curve to the right; THENCE along said curve to the right in a southeasterly direction, having a radius length of 5,000.00 feet, a delta angle of 18°28°377 eh arc length of 1,612.43 feet, a chord length of 1,605.45 \ feet bearing South 67°12706” aD int of Tangency: oF VO THENCE South 32°38’ Kort a distance of 1,200.17 feet to the east corner of this tract and a ye point on a curve to t; yw” THENCE gerd curve to the right in a southeasterly direction, having a radius le as* 2, 09 gOect, a delta angle of 19°25’09” an arc length of 677.86 feet, a chord lenge f 674.62 feet 9 9 oo? a?

wer™ ao +8868 gor gor bearing South 42°21, QaQWest to the Point of the Beginning containing 45.6-surface acres of land

of 19°25’09” an arc length of 677.86 feet, a chord lenge f 674.62 feet 9 9 oo? a?

wer™ ao +8868 gor gor bearing South 42°21, QaQWest to the Point of the Beginning containing 45.6-surface acres of land as depicted on thea ed EXHIBIT as TRACT 8. iS Beary SAE ces and Coordinates are relative to the Texas Coordinate Sy: cg 8 NAD, Conyt eo one, based on the City of Odessa GPS control monument ks ,662,407.787’ Qined grid factor of d X= 1,685,243.801’) with a theta angle of -01°00’53” and ax \ This document was prepared under 22 TAC 663.21, and isto be used to convey or establish interest in real property except those rights and interest implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared.

° W ws ws" WW ggdiecr NO. 2010-007.30 go ACA 14g 09 ENVIRONM: “ag? CIVIL ENGINEERING * LAND SURVEYING ao x 521 N. Texas Ave. * Odessa, Texas 79761 x ge (432) 332-5058 or 580-8812 * Fax (432) 332-8812 ge ws Engineering Firm# 001363 ° Surveying Firm# 100343004 ya we LEGAL DESCRIPTION 0.4 ACRES LOCATED IN SECTION 46, BLOCK 41, T-1-S T&P RR CO. SURVEY MIDLAND COUNTY, TEXAS BEING 0.4-ACRES IN SECTION 46, BLOCK 41, T-1-S, T&P RR CO. SURVEY, MIDLAND COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: to the left and also being on the aay of said Section 46, whence a brass cap found at the ows southeast corner of Section 45, a sOuthwest corner of said Section 46 bears South 74°59°S7” 5 \G West, a distance of 2,355. ee: “G O KS of THENCE slong gQChive to the left in a northeasterly direction, having a radius lag

ection 45, a sOuthwest corner of said Section 46 bears South 74°59°S7” 5 \G West, a distance of 2,355. ee: “G O KS of THENCE slong gQChive to the left in a northeasterly direction, having a radius lag 2,080.00 fe Ags ‘a angle of 09°28°39”, an arc length of 344.06 feet, a chord length eK eet bering yO 9°00’21” East to north corner of this tract; x} “ . ne vcs CE South 37°52°41” East, a distance of 102.77 feet to the south li ea Section 46 THENCE South 74°59°571” West with the south line of said gor a distance of 370.32 feet to the Point of the Beginning containing 0.4-surface acres nd, as depicted on the attached EXHIBIT as TRACT 9.

Bearings, Distances and Coordinates are relative to the Texas Coordinate System, 1983 NAD, Central Zone, based on the City of Odessa GPS control monument “OD8P” (Y=10,662,407.787’ and X= 1,685,243.801’) with a theta angle of -01°00’53” and a combined grid factor of 0.999870096.

This document was prepared under 22 TAC 663.21, and is not to be used to convey or establish interest in real property except those rights and interest implied or established by the creation or ACA | 4 4 ei) no [email protected] oo yn 521 N. Texas Ave. * Odessa, Texas 79761 yr es (432) 332-5058 or 580-8812 ° Fax (432) 332-8812 es x) G Engineering Firm# 001363 ° Surveying Firm# 1003430") G gr gr wo" . ye LEGAL DESCRIPTIO 37.6 ACRES LOCATED SECTION 46, BLOCK 41, T-1-S T&P RR CO. SURVEY MIDLAND COUNTY, TEXAS BEING 37.6-ACRES IN SECTION 46, BLOCK 41, T-1-S, T&P RR CO. SURVEY, MIDLAND COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:

CO. SURVEY, MIDLAND COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: northern right-of-way of State Highwaygl91 on the south line of said Section 46, whence the \) southeast corner of said Section sgn 74°59°57” East, a distance of 457.02 feet; ok THENCE South 74°59’ RM vin the south line of said Section 46, a distance of 2,072.53 feet ao to the southwest CONN is tract; ye THENCE get iso ” West, a distance of 135.08 feet to a point of deflection of, gentin a curve eft; ey ws \y GRENCE along said curve to the left in a northeasterly direction, got a radius length of a 2,080.00 feet, a delta angle of 19°25’18”, an arc length of 705.06 §eor ord length of 701.69 feet Ae bearing North 42°21°07” East to a Point of Tangency; WW THENCE North 32°38’28” East, a distance of 1,200.37 feet to a Point of Curvature of a curve to the right; THENCE along said curve to the left in a northeasterly direction, having a radius length of 5,000.00 feet, a delta angle of 02°29°56”, an arc length of 218.06 feet, a chord length of 218.05 feet bearing South 55°47’49” East to a Point of Tangency; THENCE South 54°32’51” East, a distance of 1,126.16 feet to a cut-back corner of this tract; THENCE South 09°55’11” East, a distagce of 106.75 feet to a cut-back corner in the northern Ny right-of-way of said State Highway, Ger ook THENCE South 34°42’ =a with the northern right-of-way of said State Highway 191, a ere distance of 265.92 4 Point of the Beginning containing 37.6-surface acres of land, ao depicted ae EXHIBIT as TRACT 10. ge* coe on § S aye” so Bearings, Distances and Copy base Unofficial Central Zone, based and and X= 1,685 0.9998700

Beginning containing 37.6-surface acres of land, ao depicted ae EXHIBIT as TRACT 10. ge* coe on § S aye” so Bearings, Distances and Copy base Unofficial Central Zone, based and and X= 1,685 0.9998700 ordinates are relative to the Texas Coordinate System, 1983 NAD.

1465 the City of Odessa GPS control monument "OD8P" (Y=10, 40mofficial cons 3.801') with a theta angle of -01°00'53" and a combined grid of ocument was prepared under 22 TAC 663.21, and is not to be used Iterest in real property except those rights and interest implied or established by the creation or was prepared.

reconfiguration of the boundary of the political subdivision for whi Stak LCA PROJECT NO. 2010-007.30 LCA Midrand Conve, or establish John F/Landgraf, RPLS 2410 15 December, 2017 Midland County Clerk Unofficial Copy E OF TEXAS REGISTERED JOHN F. LANDGRAF 2410 LAND SURVEYOR •PROFESSIONAL Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy