Case 7:19-cv-00403 Document 5 Filed on 12/05/19 in TXSD Page 1 of 12 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS MCALLEN DIVISION UNITED STATES OF AMERICA, § § Plaintiff, § § v. § CASE NO. 7:19-CV-403 § WE BUILD THE WALL, INC., § FISHER INDUSTRIES, FISHER SAND § AND GRAVEL CO., AND NEUHAUS & § SONS, LLC., § § Defendants. § ______________________________________________________________________________ PLAINTIFF’S EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION ______________________________________________________________________________ TO THE HONORABLE JUDGE OF THIS COURT: The United States of America, pursuant to Article 24 of the 1944 Treaty between the United States and Mexico (Utilization of Water of the Colorado and Tijuana Rivers and of the Rio Grande, US -Mex, Feb. 3, 1944, T.S. 944.) and Rule 65 of the Federal Rules of Civil Procedure, moves the Court for entry of a Temporary Restraining Order or Preliminary Injunction enjoining Defendants We Build the Wall, Inc., Fisher Industries, Fisher Sand and Gravel Co., and Neuhaus & Sons, LLC., and all persons acting on their behalf, from constructing a bollard structure, wall or similar structure along the banks of the Rio Grande River and/or otherwise altering the banks of the Rio Grande in furtherance of said construction prior to obtaining USIBWC authorization, pending entry by the Court of a final judgment in this action. This motion is based on the following grounds: 1. Contemporaneously with the filing of this motion, the United States filed a Page 1 of 12 Motion for Temporary Restraining Order Case 7:19-cv-00403 Document 5 Filed on 12/05/19 in TXSD Page 2 of 12 Complaint alleging that Defendants are in the process of constructing a bollard structure, wall or similar structure on the banks of the Rio Grande River prior to obtaining USIBWC authorization. 2. Unless enjoined by this Court, Defendants may significantly and irreparably alter the character of the banks of the Rio Grande River before this Court can enter a final judgment. Defendants have publicly proclaimed their intent to build a bollard structure, wall or similar structure on the banks of the Rio Grande River. 3. There is a substantial likelihood that Plaintiff will establish that Defendants’ actions in the construction of a bollard structure, wall or similar structure along the bank and in the floodplain of the Rio Grande River without hydraulic studies completed by WBTW and Fisher Industries and subsequent analysis by the USIBWC for deflection and obstruction of water may cause a violation of the 1970 Treaty between the United States and Mexico. (Treaty to Resolve Pending Boundary Differences and Maintain the Rio Grande and Colorado River as the International Boundary, U.S. - Mex., Art. IV, Nov. 23, 1970, T.I.A.S. 7313). 4. There is a substantial likelihood that Plaintiff will establish that Defendants’ actions in the construction of a bollard structure, wall or similar structure along the bank and in the floodplain of the Rio Grande River that causes deflection or obstruction of water could trigger the obligation under the 1970 Treaty for the United States to remove or modify such structure (id.), including as authorized by 22 U.S.C. § 277d34. 5. There is a substantial likelihood that Plaintiff will establish that Defendants’ actions in the removal of vegetation and grading of the banks of the Rio Grande River which Page 2 of 12 Motion for Temporary Restraining Order Case 7:19-cv-00403 Document 5 Filed on 12/05/19 in TXSD Page 3 of 12 is the property of the USIBWC may cause a shift of the Rio Grande river channel and, therefore, a shift of the international boundary line which runs in the center of the riverbed, may cause a violation of the 1970 Treaty, (Id. at II, Art. IV) and is contrary to President’s authority under Article II of the Constitution, including the power to conduct the foreign relations of the United States. 6. There is a substantial likelihood that Plaintiff will establish that Defendants’ actions in the construction of a bollard structure, wall or similar structure along the bank and in the floodplain of the Rio Grande River without USIBWC permission impedes the President’s authority under Article II of the Constitution, the USIBWC’s authority under the 1970 Treaty, and the Commissioner’s and Secretary of State’s authority by statute, including 22 U.S.C.A. § 277d-37, to determine the appropriate location of the international border and to make decisions that are final with respect to it. 7. A Temporary Restraining Order is necessary to preserve the status quo, to prevent the irreparable injury to the public that would result from the Defendants constructing a bollard structure, wall or similar structure on the banks of the Rio Grande River prior to obtaining USIBWC authorization, and to allow the Court to render effective relief if the Plaintiff prevails at trial. Plaintiff would have no adequate remedy at law, and this Court’s ability to fashion effective relief would be significantly impaired, if Defendants proceed to construct a bollard structure, wall or similar structure on the banks of the Rio Grande River that is found, after trial, to be unlawful. 8. Any harm to Defendants from enjoining their efforts in constructing a bollard structure, wall or similar structure on the banks of the Rio Grande River would be outweighed by the importance of the preservation of the above-referenced treaty. Page 3 of 12 Motion for Temporary Restraining Order Case 7:19-cv-00403 Document 5 Filed on 12/05/19 in TXSD Page 4 of 12 9. Granting the requested preliminary relief will serve the public interest. 10. Pursuant to Federal Rule of Civil Procedure 65(c), neither the United States nor any officer or agency of the United States is required to post a bond as a prerequisite to the issuance of an injunction. BACKGROUND In the 1930’s, the International Boundary and Water Commission, United States and Mexico, United States Section (“USIBWC”) constructed the Lower Rio Grande Flood Control Project (”LRGFCP”) (initial authorization in Title II of the National Industrial Recovery Act of June 13, 1933, 48 Stat. 195, Public Works Administration funds; further work Act of August 19, 1935, 49 Stat. 660, codified at 22 U.S.C. § 277a, b, c, and d.) The purpose of the project is to provide flood protection for communities along the Rio Grande River from Peñitas, Texas, to the Gulf of Mexico. The Project includes, in part, river levees and floodways adjacent and parallel to the mainstem of the Rio Grande River in Hidalgo County, Texas. The LRGFCP was improved between 1958 and 1961, and again in 1970. In 1961, the State of Texas deeded to the USIBWC the bed and banks of the Rio Grande River in Hidalgo County. The United States and Mexico entered into a treaty in 1970 which requires, in part, that the United States prohibit any works in the United States that will, in the judgment of the Commission, cause deflection or obstruction of the normal flow of the Rio Grande River or its flood flows. (Treaty to Resolve Pending Boundary Differences and Maintain the Rio Grande and Colorado River as the International Boundary, U.S.- Mex., Art. IV, Nov. 23, 1970, T.I.A.S. 7313.) Further, the United States agreed that the international boundary between the United States and Mexico in the limitrophe sections of the Rio Grande shall run along the middle of the channel occupied by Page 4 of 12 Motion for Temporary Restraining Order Case 7:19-cv-00403 Document 5 Filed on 12/05/19 in TXSD Page 5 of 12 normal river flows and that this boundary determines sovereignty over the lands on either side of it. (Id. at Art. II. A.) To stabilize the river channel and preserve the location of the international boundary the United States and Mexico agreed to various obligations and other treaty provisions in order to reduce the shifting of the channels of the Rio Grande, in their limitrophe sections and to protect the Rio Grande against erosion. (Id. at Art. IV.) To implement the United States’ 1970 Treaty obligations, the USIBWC requires proponents of projects in the US floodplain to submit hydraulic modeling for their project to the USIBWC. The USIBWC analyzes the hydraulic model and confers with its Mexican counterpart about the analysis. If there is no deflection or obstruction, the USIBWC issues a letter of no objection to the project proponent. If there is a deflection or obstruction, the USIBWC typically requests that the proponent modify its project. Under Article 24 of the 1944 Treaty, the USIBWC “shall have, to the extent necessary to give effect to the provisions of this Treaty, jurisdiction over the works constructed exclusively in the territory of its country whenever such works shall be connected with or shall directly affect the execution of the provisions of this Treaty.” Article 24 also provides that the USIBWC Commissioner may invoke the jurisdiction of the courts or other appropriate agencies of the United States to aid in the execution and enforcement of the powers and duties the Commission is entrusted and empowered to implement under this and other treaties. (Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio Grande, US -Mex, Feb. 3, 1944, T.S. 944.) Specifically, the United States of America requests a temporary restraining order and a corresponding preliminary injunction after notice enjoining Defendants, and Defendant’s officers, agents, servants, employees, and attorneys, and all persons in active concern or participation with them, from: Page 5 of 12 Motion for Temporary Restraining Order Case 7:19-cv-00403 Document 5 Filed on 12/05/19 in TXSD Page 6 of 12 (1) constructing a bollard structure, wall or similar structure along the bank and within the floodplain of the Rio Grande River on land described as an 807.73 gross acre tract of land out of the WEST ADDITION TO SHARYLAND SUBDIVISION, Lots 9-1, 9-2, and Parts of Lots 9-3, 9-4 and Parts of Lots 10-1, 10-2, and 10-3 and Part of Porcion 53 and 54, Hidalgo County, Texas, as per map or plat thereof recorded in Volume 1, Page 56, Map Records, Hidalgo County, Texas as described in the Special Warranty Deed filed as Document No. 2752394, Official Records of Hidalgo County, Texas (hereinafter described in its entirety as the “Neuhaus Property”) 1 until such time as WBTW and Fisher Industries comply with the requirements of the USIBWC pursuant to the 1970 Treaty between the United States and Mexico. (Treaty to Resolve Pending Boundary Differences and Maintain the Rio Grande and Colorado River as the International Boundary, US – Mex, Nov. 23, 1970, TIAS 7313.); (2) constructing a bollard structure, wall or similar structure along the bank and within the floodplain of the Rio Grande River on the Neuhaus Property until such time as USIBWC fulfills its analysis and conference requirements pursuant to the 1970 Treaty between the United States and Mexico. (Treaty to Resolve Pending Boundary Differences and Maintain the Rio Grande and Colorado River as the International Boundary, US – Mex, Nov. 23, 1970, TIAS 7313.); and (3) further work impacting the bank of the Rio Grande on the Neuhaus Property until such time as USIBWC reviews the proposed changes to the embankment and issues a permit allowing such modification. 1 For the full metes and bounds description of the Neuhaus Property, see the Special Warranty Deed attached as Exhibit 1. Page 6 of 12 Motion for Temporary Restraining Order Case 7:19-cv-00403 Document 5 Filed on 12/05/19 in TXSD Page 7 of 12 FACTS An organization called We Build the Wall (“WBTW”) has contracted with Fisher Industries, a subsidiary of Fisher Sand and Gravel Co., to construct a bollard structure, wall or similar structure in the floodplain along the Rio Grande River in an area near RGV03 by Bentsen State and Anzalduas Park, south of Mission, TX. WBTW claims to have acquired a legal interest in the land along the bank and within the floodplain of the Rio Grande River from Neuhaus & Sons, LLC (“Neuhaus”) in order to construct a bollard structure. See Exhibit 1 for the metes and bounds description of the Neuhaus Property from which WBTW allegedly acquired an interest. On or about the evening of November 13, 2019, Fisher Industries submitted to USIBWC two documents with regard to the hydraulic impact of their proposed bollard structure, wall or similar structure. The documents submitted contained very little substance and failed to show the extent of any hydraulic testing that may have been conducted by WBTW or Fisher Industries. This documentation provided scant detail about the planned work on the bank of the Rio Grande on the Neuhaus Property. See Declaration of Padinare Unnikrishna attached as Exhibit 2. On or about November 15, 2019, the USIBWC emailed Fisher Industries and WBTW through its general counsel, Kris Kobach, and requested that they: 1) Submit a completed hydraulic analysis and packet of additional materials for analysis by the USIBWC pursuant to the 1970 treaty; 2) cease construction of the bollard structure until the USIBWC could analyze the model, confer with Mexico, and issue a letter regarding whether there is a deflection or obstruction as a result of the construction; and 3) stop utilizing the USIBWC levee for vehicular traffic. On or about November 15, 2019, WBTW and Fisher Industries began clear-cutting a swath on the Neuhaus Property beginning at the bank of the Rio Grande River and clearing inland Page 7 of 12 Motion for Temporary Restraining Order Case 7:19-cv-00403 Document 5 Filed on 12/05/19 in TXSD Page 8 of 12 approximately 120 feet wide. To date, WBTW has cleared over three miles of riverbank on the Neuhaus Property and continues to prepare the immediate area of the riverbank for trenching and installation of a bollard structure, wall or similar structure. On or about November 19, 2019, the USIBWC sent to Fisher Industries the model required for projects in the U.S. floodplain. See Declaration of Dr. Apurba Borah attached as Exhibit 3. An engineer with Fisher Industries replied stating that he had received the email and would use the model. Id. On or about November 19, 2019, USIBWC sent to Fisher Industries and WBTW two emails, one of which gave IBWC’s contact information and the other which asked for more detail about their project’s impact on the banks of the Rio Grande. See Declaration of John Claudio attached as Exhibit 4. On or about November 20, 2019, WBTW announced during an interview with a local news network that it would not do any construction activity until the USBIWC completed its hydraulic analysis. On or about November 20, 2019, WBTW posted a tweet on its twitter feed that reflected that Fisher Industries and WBTW were altering the character of the bank of the Rio Grande. [Remainder of Page Intentionally Left Blank] Page 8 of 12 Motion for Temporary Restraining Order Case 7:19-cv-00403 Document 5 Filed on 12/05/19 in TXSD Page 9 of 12 https://twitter.com/briankolfage/status/1197504335388794880?s=12; https://twitter.com/briankolfage/status/1197526566512812034?s=12 The vegetation removal and grading of the banks of the Rio Grande River on the Neuhaus Property by Fisher Industries and WBTW was not permitted by USIBWC, the owner of the banks of the Rio Grande River. On or about November 21, 2019, Fisher Industries confirmed that: it would not commence construction of a bollard fence, wall or similar structure on the Neuhaus Property until USIBWC conducted its hydraulic analysis; that it was removing vegetation from the riverbank and grading it; and that its work on the riverbank would be included in its hydraulic analysis for its construction project. See Declaration of John Claudio attached as Exhibit 4. On or about December 3, 2019, WBTW posted the message and video below to their website requesting donations to continue building their private wall. Page 9 of 12 Motion for Temporary Restraining Order Case 7:19-cv-00403 Document 5 Filed on 12/05/19 in TXSD Page 10 of 12 As of December 5, 2019 at 9:00a.m. on information and belief, WBTW has continued to clear the immediate area of the riverbank and conduct other work on the Neuhaus Property and has failed to produce the requested documents and studies requested by the USIBWC for analysis regarding compliance or noncompliance with the terms of the 1970 treaty. In addition, trenching Page 10 of 12 Motion for Temporary Restraining Order Case 7:19-cv-00403 Document 5 Filed on 12/05/19 in TXSD Page 11 of 12 has occurred and steel rebar structures have been place in the ground. Due to this latest development, a temporary restraining order is necessary. ARGUMENT The decision to grant a temporary restraining order and preliminary injunction lies within the discretion of the district court, which should be exercised when the movant demonstrates: (a) a substantial likelihood of success on the merits; (b) a substantial threat of immediate and irreparable harm, for which it has no adequate remedy at law; (c) that greater injury will result from denying the injunctive relief than from its being granted; and (d) that the injunctive relief will not disserve the public interest. See, e.g., Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 11 (2008) (equitable factors for injunctive relief); Lakedreams v. Taylor, 932 F.2d 1103, 1107 (5th Cir. 1991); Daniels Health Scis., LLC v. Vascular Health Scis., LLC, 710 F.3d 579, 582 (5th Cir. 2013); Adams EMS, Inc. v. Azar, No. H-18-1443, 2018 WL 3377787, at *3 (S.D. Tex. July 11, 2018). The issuance of relief in the form of the requested temporary restraining order is both permissible and necessary in this matter. See FED. R. CIV. P. 65(b)(1). Defendants have not obtained the necessary authorization to construct a bollard structure on the banks of the Rio Grande River. There is a substantial threat of immediate and irreparable harm if Defendants are permitted to engage in their construction prior to the USIBWC analyzing whether their activities would create unacceptable deflection or obstruction of the floodplain. Furthermore, the severity of the injury the United States would likely face is much greater in comparison with the minor inconvenience of a short-term delay on Defendants’ border activities. Finally, the temporary cessation of Defendants’ construction activities along the border will ensure compliance with the treaties between the United States and Mexico pending the Court’s resolution of this matter. Page 11 of 12 Motion for Temporary Restraining Order Case 7:19-cv-00403 Document 5 Filed on 12/05/19 in TXSD Page 12 of 12 PRAYER In light of the foregoing, the United States respectfully requests that the Court grant the above-requested temporary restraining order and thereafter set a hearing on the United States’ request for a preliminary injunction. Respectfully submitted, RYAN K. PATRICK United States Attorney Southern District of Texas DANIEL DAVID HU Chief, Civil Division BY: s/ E. Paxton Warner E. PAXTON WARNER Assistant United States Attorney Southern District of Texas No. 555957 Texas Bar No. 24003139 1701 W. Bus. Highway 83, Suite 600 McAllen, TX 78501 Telephone: (956) 618-8010 Facsimile: (956) 618-8016 E-mail: Paxton.Warner@usdoj.gov Attorney in Charge for the United States of America And JOHN A. SMITH, III Assistant United States Attorney Southern District of Texas No. 8638 Texas Bar No. 18627450 One Shoreline Plaza 800 North Shoreline Blvd., Suite 500 Corpus Christi, Texas 78401 Telephone: (361) 888-3111 Facsimile: (361) 888-3234 E-mail: john.a.smith@usdoj.gov Attorney for the United States of America Page 12 of 12 Motion for Temporary Restraining Order nt935-2751l3??ed on 12/05/19 in TXSD Page 1 of 26 Hidalgo County Arturo Guajardo Jr. County Clerk Edinburg, Texas 78540 Document No: 2752394 Billabie Pages: 25 Recorded On: October 04, 2016 03:27 PM Number of Pages: 26 and Charged as Total Recording: 132.00 PAGE IS PART OF THE 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 No: 2752394 Receipt No: 20161004000427 Recorded On: October 04, 2016 03:27 PM Deputy Clerk: Imelda Leal Station: ?m""mu STATE or TEXAS Co $9 COUNTY OF HIDALGO U. 5. I hereby certify that this Instrument was FILED in the File Number sequence on the date/time Ir 5. t, printed hereon, and was duly RECORDED in the Official Records of Hidalgo County, Texas. 5 ?3-653: Arturo Guajardo Jr. EH County Clerk 1 Hidalgo County, Texas 000275239Case 7:19-cv-OO403 Document 5-1 Filed on 12/05/19 in TXSD Page 2 of 26 Edwards Abstract and Title Co., GF 907555 01, NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR LICENSE NUMBER. Date: Grantor And Grantor?s Mailing Addresses: SPECIAL WARRANTY DEED WITH LIEN September 28, 2016 CHARLES E. PRATT, as Trustee of the CHARLES PRATT FAMILY TRUST 301 Cape Hatteras Dr. Corpus Christi, TX 78412 STACY P. PATTERSON, spouse of Brian Patterson, dealing with non- homestead separate property 206 Lorraine Drive Corpus Christi, TX 78411 STEPHANIE P. KUHLES, spouse of Matthew Kuhles, dealing with non? homestead separate property 9510 Scenic Bluff Drive Austin, TX 78733 IRENE OLIVIERI fka MARY IRENE HARDWICKE, spouse of Lance Joseph Olivieri, dealing with non-homestead separate property 5722 N. Tula Lane Tucson, AZ 85743 HELEN CATHERINE HARDWICKE, a single person 27 Dudley Avenue Venice, CA 9029] ALEXANDRA ELIZABETH HARDWICKE, a single person 609 Franklin Blvd. A Austin, TX 78751 9002752394 Case 7:19-cv-OO403 Document 5-1 Filed on 12/05/19 in TXSD Page 3 of 26 Edwards Abstract and Title Co., GF 907555 JAMES B. HARDWICKE, spouse of Michelle Hardwicke, dealing with non- homestead separate property 3837 W. Lark Street Spring?eld, MO 65810 SALLY ANN HARDWICKE BRACE, spouse of Robert Brace, dealing with non-homestead separate property 2000 N. 8th McAllen, TX 78501 RICHARD BRUCE HARDWICKE, spouse of Janna Margaret Hardwicke, dealing with non-homestead separate property 1 12 E. Warbler Avenue McAllen, TX 78504 MARY HELEN KORBELIK, a single person 3316 W. 69th Street Shawnee Mission, KA 66208 ROBERT B. KORBELIK, spouse of Debra Anne Korbelik, dealing with non- hornestead, separate property 10755 E. Stoney Lane Scottsdale, AZ 85262 DAVID JOHN KORBELIK, a single person 3316 W. 69th Street Shawnee Mission, KA 66208 JILL KORBELIK, a single person P. O. Box 11395 Eugene OR 97440 JOHN B. HARDWICKE, VI, aka BEN HARDWICKE, a single person 2271 Duane St., #10 Los Angeles, CA 90039 and Doc-2752394 Case 7:19-cv-OO403 Document 5-1 Filed on 12/05/19 in TXSD Page 4 of 26 Edwards Abstract and Title Co., GF 907555 LAWRENCE G. HARDWICKE, M.D., TRUSTEE OF THE LAWRENCE G. HARDWICKE M.D. REVOCABLE TRUST, THE HARDWICKE MARITAL TRUST, AND THE HARDWICKE FAMILY TRUST, AS CREATED UNDER THE TERMS OF THE HARDWICKE FAMILY REVOCABLE FAMILY TRUST 1625 Westwood Abilene, TX 79603 Grantee: NEUHAUS SONS, A Texas General Partnership Grantee's Mailing Address: 2000 E. Expressway 83 Weslaco, Texas 78596 Consideration: Cash and a note dated September 28, 2016, executed by Grantee and payable to the order of TEXAS FARM CREDIT SERVICES, FLCA, in the principal amount of FOUR MILLION THREE HUNDRED FORTY-FIVE THOUSAND and 100 DOLLARS The note is secured by a ?rst and superior vendor's lien and superior title retained in this deed in favor of TEXAS FARM CREDIT SERVICES, FLCA, and by a ?rst-lien deed of trust dated September 28, 2016, from Grantee to MARK A. MILLER, trustee. Property (including any improvements): A 807.73 gross acre tract of land out of the WEST ADDITION TO SHARYLAND SUBDIVISION, Lots 9-1, 9-2, and Parts of Lots 9-3, 9-4 and Parts of Lots 10-2, and 10-3 and Part of Porcion 53 and 54, Hidalgo County, Texas, as per map or plat thereof recorded in Volume 1, Page 56, Map Records, Hidalgo County, Texas, and Tortuga Banco No. 65, and Accretion Area, Hidalgo County, Texas, said tract more particularly described by metes and bounds in Exhibit A attached hereto and incorporated herein by reference as if set out in full; together with all permanently installed and built- in items, if any pumping site and irrigation system); and 1990.235 acre feet of Class water rights and 575.00 acre-feet Class water rights, both for irrigation purposes, Certi?cate of Adjudication No. 23?399, Amendment said water rights being subject to the restrictions and conditions placed upon the holder thereof under the Certi?cate of Adjudication and all amendments thereto and the rules and regulations of the Texas Commission on Environmental Quality and any successor thereto. Doc-2752394 Case 7:19-cv-OO403 Document 5-1 Filed on 12/05/19 in TXSD Page 5 of 26 Edwards Abstract and Title Co., GF 907555 Reservations from Conveyance: For Grantor and each Grantor's heirs, successors, and assigns forever, a reservation of all oil, gas, and other minerals in and under and that may be produced from the Property (the ?Mineral Estate?) not heretofor conveyed by Grantor?s predecessors in interest, Grantor?s corresponding fractional interest in any royalty under any existing or ?iture lease covering any part of the Property, surface rights (including rights of ingress and egress), production and drilling rights, lease payments, and all related bene?ts. The Mineral Estate does NOT include water, sand, gravel, limestone, building stone, caliche, surface shale, near-surface lignite, and iron, but DOES include the reasonable use of these surface materials for mining, drilling, exploring, operating, developing, or removing the oil, gas, and other minerals from the Property. Exceptions to Conveyance and Warranty: To the extent they validly exist: Those items appearing in Exhibit attached hereto and incorporated herein by reference. The vendor's lien against and superior title to the Property are retained until each note described is fully paid according to its terms, at which time this deed will become absolute. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person Whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but not otherwise, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. GRANTEE ACCEPTS THE PROPERTY IN PHYSICAL CONDITION. GRANTOR MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY CROP GROWN OR GROWING ON THE LAND. GRANTEE ACKNOWLEDGES THAT GRANTEE HAS HAD THE OPPORTUNITY TO INSPECT THE PROPERTY OR HAS OR MAY HAVE AN INSPECTION THEREOF TO BE MADE ON BEHALF AND IT IS UNDERSTOOD AND AGREED THAT NEITHER GRANTOR NOR ANY PERSON ACTING OR PURPORTING TO ACT FOR GRANTOR HAS MADE OR NOW MAKES ANY REPRESENTATION AS TO THE PHYSICAL CONDITION (LATENT OR PATENT OR OTHERWISE), OR ANY OTHER MATTER OR THING AFFECTING OR RELATING TO THE PROPERTY EXCEPT AS HEREIN SPECIFICALLY SET FORTH. GRANTEE HEREBY EXPRESSLY ACKNOWLEDGES THAT NO SUCH REPRESENTATIONS HAVE BEEN MADE AND GRANTEE Doe-275 2394 Case 7:19-cv-OO403 Document 5-1 Filed on 12/05/19 in TXSD Page 6 of 26 Edwards Abstract and Title Co., GF 907555 THAT ALL UNDERSTANDINGS AND AGREEMENTS HERETOFORE HAD BETWEEN THE PARTIES ARE HEREBY MERGED IN THIS DEED WHICH, WITH THE CONTRACT TO SELL THE PROPERTY FULLY AND COMPLETELY EXPRESSES AND AGREEMENT AND THAT THE DEED IS ACCEPTED AFTER FULL INVESTIGATION, NEITHER PARTY RELYING UPON ANY STATEMENT OR REPRESENTATION MADE BY THE OTHER NOT EMBODIED IN THIS DEED AND THE CONTRACT FOR THE SALE OF THE PROPERTY. To the extent of $2,584,992.00, TEXAS FARM CREDIT SERVICES, LCA, at Grantee's request, has paid in cash to Grantor the purchase price of the Property that is evidenced by the note. The ?rst and superior vendor's lien against and superior title to the Property are retained for the bene?t of TEXAS FARM CREDIT SERVICES, FLCA, and are transferred to TEXAS FARM CREDIT SERVICES, FLCA, without recourse against Grantor. When the context requires, singular nouns and pronouns include the plural. CHARLES E. PRATT, AS TRUSTEE OF THE CHARLES E. PRATT FAMILY TRUST STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on day of September, 2016, by CHARLES E. PRATT, AS TRUSTEE OF THE CHARLES E. PRATT FAMILY TRUST. 60pm MW ota . ?55? Com: 313:3: gens Notary Pubhc, State of Texas Notary no 10622034 2? My comm1s31on expires. 8 5 9030 9002752394 Case 7:19-cv-OO403 Document 5-1 Filed on 12/05/19 in TXSD Page 7 of 26 Edwards Abstract and Title Go, GF 907555 \Sle/fp 4 Stacy Paw: STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ?g day of September, 2016, by STACY P. PATTERSON. . 4 J2me diam t? Notary Pub/Ea State of Texas My commi sion expires: 5 0 002 IRENE GARCIA - *3 Notary Public. State of Texas - Comm. Expires 08-30-2020 Pruw? Notary ID 10622034 Doe-275 2394 Case 7:19-cv-OO403 Document 5-1 Filed on 12/05/19 in TXSD Page 8 of 26 Edwards Abstract and Title Co., GF 907555 VI Stephan?: P. KuH?les STATE OF TEXAS COUNTY OF TRAVIS This instrument was acknowledged before me on ?39 day of September, 2016, by STEPHANIE P. KUHLESPAUL ANDREW CONNERE Notary Publlc, State of Texas I): My Commission Expires - - - . i we? November14,2o1a My explres. Mum 17/, 20/8 Paq Andrew (ZOMW DOC-2752394 Case 7:19-cv-OO403 Document 5-1 Filed on 12/05/19 in TXSD Page 9 of 26 Edwards Abstract and Title Go, GF 907555 Mk1 74w. LAWRENCE G. HARDWICKE, M.D., TRUSTEE OF THE LAWRENCE G. HARDWICKE M.D. REVOCABLE TRUST, THE HARDWICKE MARITAL TRUST, AND THE HARDWICKE FAMILY TRUST, AS CREATED UNDER THE TERMS OF THE HARDWICKE FAMILY REVOCABLE FAMILY TRUST STATE OF TEXAS COUNTY OF TAYLOR This instrument was acknowledged before me on the ?tdhay of September, 2016, by LAWRENCE G. HARDWICKE, M.D., AS TRUSTEE OF THE LAWRENCE G. HARDWICKE M.D. REVOCABLE TRUST, THE HARDWICKE MARITAL TRUST, AND THE HARDWICKE FAMILY TRUST, AS CREATED UNDER THE TERMS OF THE HARDWICKE FAMILY REVOCABLE FAMILY TRUST. . Notary Public, State of Texas??uf; Lia/0?4? My commission expires: a wild I 57 GERRI LINDER Notary ID 128145531 My Commission Expires January 12. 2018 \Markw\Hardwicke MattersWeuhaus Mission Sale and Lease?Sale of Pruperty?Closing Doe-275 2394 Case 7:19-cv-OO403 Document 5-1 Filed on 12/05/19 in TXSD Page 10 of 26 Edwards Abstract and Title Co., GF 907555 . . A: Iraneol? IRENE OLIVIERI FKA MARY IRENE HARDWICKE ?ow 19- Richard B. Hardwicke, attorney-in-fact STATE OF TEXAS COUNTY OF HIDALGO This instrument was acknowledged before me on ASE day of September, 2016, by Richard B. Hardwicke as attorney-in-fact on behalf of IRENE OLIVI. I FKA MARY IRENE HARDWICKE. Notary Public: State of Texas My commission expires: 8' 4i alol ?t HE/elvt Caf/7gl?l?ve HELEN CATHERINE HARDWICKE ROGUE GUERRERO Notary Public. State of Texas My Comm. Exp 08-04-2019 NOTARY 11884014) ?aw Richard B. Hardwicke, attorney-in-fact STATE OF TEXAS COUNTY OF HIDALGO This instrument was acknowledged before me on Mday of September, 2016, by Richard B. Hardwicke as attorney-in?fact on behalf of HELEN CAT RINE HARDWICKE. LA ?s arena Guenneao . - *7 Notary Public. State of Texas at 3 My Comm. Exp 08-04-2019 NOTARY IN: 1 1884014) Notary Pub/lie, State of Texas My commission expires: 14310 Doe-275 2394 Case 7:19-cv-OO403 Document 5-1 Filed on 12/05/19 in TXSD Page 11 of 26 Edwards Abstract and Title Co., GF 907555 J0 )5 JOHN B. HARDWICKE, VI, AKA BEN HARDWICKE 744/4 Richard B. Hardwicke, attorney-in-fact STATE OF TEXAS COUNTY OF HIDALGO This instrument was acknowledged before me on 29% day of September, 2016, by Richard B. Hardwicke as attorney-in-fact on behalf of JOHN B. HA WICKE, VI, AKA BEN HARDWICKE. AA. A ROGUE Guzaneno a Notary Public. Stats ofTexaa A My Comm EXP 00-04'2019 Notary Pub?l?i?, State of Texas My commission expires:8""1 ?.10 let . . NOTARY I011: 1133401 0 ., ?/eXdHI/?fd E/queTll ?uff/Wick ALEXANDRA ELIZABETH HARDWICKE [Richard B. Hardwicke, attorney-in-fact STATE OF TEXAS COUNTY 01: HIDALGO This instrument was acknowledged before me on Ed day of September, 2016, by Richard B. Hardwicke as attorney-in- -fact on behalf of ALEX DRA ELIZABETH HARDWICKE. ROGUE eusnaeno Notary Public. State of Texas My Comm Exp 08-04-2019 NOTARY 1041 1 168401-0 Notary Pub?cfState'of Texas . My expires: 8 ?14 ~41) I Cl 10 Doe-275 2394 Case 7:19-cv-OO403 Document 5-1 Filed on 12/05/19 in TXSD Page 12 of 26 Edwards Abstract and Title Go, GF 907555 aging; 7%2 de?/W?S?Cke JAMES B. HARDWICKE Wax ?gs/41 Richard B. Hardwicke, attorney-in-fact STATE OF TEXAS COUNTY OF HIDALGO This instrument was acknowledged before me on Qg?day of September, 2016, by Richard B. Hardwieke as attorney-in-fact on behalf of JAMES B. HA WICKE. My Comm. Exp 08- 04-2019 NOTARY um: 1139401- -0 - vv Notary Puli?/gState of Texas My commission expires: (i ?qu?L SALLY ANN HARDWICKE BRACE MM ?at/M ROGUE GUERREHO Notary Public. State ofTexaa ALLAA-A [Richard B. Hardwicke, attorney-in-fact STATE OF TEXAS COUNTY OF HIDALGO This instrument was acknowledged before me on <18 day of September, 2016, by Richard B. Hardwicke as attorney-in?fact on behalf of SALLY ANN HARDWICKE BRACE. ALLAA ROGUE GUERRERO Notary Public. State otTexaa - My Comm. Exp 03-04-2019 OT 1 0" "384?? Notary Pubhg, Statk?of Texas My commission expires: 9110i 11 Doe-275 2394 Case 7:19-cv-OO403 Document 5-1 Filed on 12/05/19 in TXSD Page 13 of 26 Edwards Abstract and Title Go, GF 907555 Qt" was ,ww/z Richard Bruce Hardwicke STATE OF TEXAS COUNTY OF HIDALGO This instrument was acknowledged before me ongg? day of September, 2016, by RICHARD BRUCE HARDWICKE. ROGUE GUEHRERO ?(my Puwc' State ?Tax? Notary Pubch: State of Texas My Comm. Exp 08-04-2019 NOTARY My commission expires: 3' "t 9cm ct STATE OF TEXAS COUNTY OF HIDALGO This instrument was acknowledged before me on 2563-5 day of September, 2016, by ANNA MARGARET HARDWICKE. - '1 Notary Pub?c. State of Texas My Comm. Exp tie-04.2019 Notary I?l??ic, Texas NOT - 534?. 1, 51:?th 10 My commission expires. <3 L1 (101% 12 9002752394 Case 7:19-cv-OO403 Document 5-1 Filed on 12/05/19 in TXSD Page 14 of 26 Edwards Abstract and Title Go, GF 907555 Mar Hf/en bfl'k MA HELEN KORBELIK ?aw ?at/w Richard B. Hardwicke, attorney-in?fact STATE OF TEXAS COUNTY OF HIDALGO This instrument was acknowledged before me on day of September, 2016, by Richard B. Hardwicke as attorney-in-fact on behalf of MARY HELEN KORBELIK. ROGUE GUERREHO 5' Notary Public. State of Texan My Comm. Exp 08-04-2019 Notary ?ublic, State of Texas My commission expires: 8 'o'kO Ct ?ckerf?. kerlp?? l?k ROBERT B. KORBELIK WM 74,412, Richard B. Hardwicke, attorney?in-fact Au?l A STATE or TEXAS COUNTY or HIDALGO . . This instrument was acknowledged before me onlgb day of September, 2016, by Richard B. Hardwicke as attorney-in-fact on behalf of ROBERT KORBELIK. My Comm. Exp 08-04-2019 .. NOTARY Notary Public, State .of Texas WW My commissmn exp1res: 6? nooue Guenaeno Notary Public. State of Texas l3 Doe-275 2394 Case 7:19-cv-OO403 Document 5-1 Filed on 12/05/19 in TXSD Page 15 of 26 Edwards Abstract and Title Co., GF 907555 JILL KORBELIK MM 745/4 Richard B. Hardwicke, attorney-in-fact STATE OF TEXAS COUNTY OF HIDALGO This instrument was acknowledged before me on 29% day of September, 2016, by Richard B. Hardwicke as attorney-in-fact on behalf of JILL KORBELIK. ROGUE GUERREHO . NOTARY 1011: 11634014) 4/ YVT Notary Pu?llc? State OfTean Notary Public. State of Texan .- My commission expires: ?016 {q Do 1/904 1,75%? My Comm. Exp 08-04-2019 DAVID JOHN KORBELIK Mix/Z ?aw Richard B. Hardwicke, attorney-in-fact A STATE OF TEXAS COUNTY OF HIDALGO This instrument was acknowledged before me ong?i?b day of September, 2016, by Richard B. Hardwicke as attorney-in-fact on behalf of DAVID JOHN KORBELIK. ROGUE GUERHERO Notary Public. State of Texas .3. My Comm. Exp 08-04-2019 . . ,1 NOTARY 1011:1188401-0 Notary Public, State of Texas My commission expires: 13.01 14 Doe-275 2394 Case 7:19-cv-00403 Document 5-1 Filed on 12/05/19 in TXSD Page 16 of 26 Edwards Abstract and Title Co., GF 907555 EXHIBIT A (Property Description) A 807.73 gross acre tract of land out of the WEST ADDITION TO SHARYLAND SUBDIVISION, Lots 9?1, 9-2, and Parts of Lots 9-3, 9-4 and Parts of Lots 10-1, 10-2, and 10-3 and Part of Porcion 53 and 54, Hidalgo County, Texas, as per map or plat thereof recorded in Volume 1, Page 56, Map Records, Hidalgo County, Texas, and Tortuga Banco No. 65, and Accretion Area Hidalgo County, Texas, said tract more particularly described by mates and bounds as follows: POINT OF COMMENCEMENT at the Northeast corner of Lot 10-2 also being located on the centerline of Los Ebanos Road, Thence, along and with the centerline of Los Ebanos Road South 08 degrees 39 minutes 00 seconds West, a distance of 934.87 feet to a set 1/2 inch iron rebar being located on the intersection of the South right-of?way line of US. 281 (Military Highway) and centerline of Los Ebanos Road and the POINT OF BEGINNING for this description; THENCE, South 75 degrees 58 minutes 13 seconds East, a distance of 689.40 feet along the South right-of-way line of US. 281 (Military Highway) to a set 1/2 inch iron rebar for a corner of this tract of land; THENCE, South 45 degrees 26 minutes 00 seconds East, a distance of 269.90 feet along a South river levee easement from United Irrigation Company (UIC) to a set 1/2 inch iron rebar for a corner of this tract of land; THENCE, South 46 degrees 56 minutes 00 seconds East, a distance of 286.91 feet, continuing along said South river levee easement from United Irrigation Company (UIC) to a set 1/2 inch iron rebar on the South lot line of said Lot 10-3 for a corner of this tract of land; THENCE, North 81 degrees 21 minutes 03 seconds West, a distance of 83.52 feet along said South line of Lot 10-3 to a set 1/2 inch iron rebar for a corner of this tract of land; THENCE, South 04 degrees 27 minutes 00 seconds East, a distance of 215.37 feet to a set 1/2 inch iron rebar for a corner of this tract of land; THENCE, South 39 degrees 32 minutes 00 seconds East, a distance of 100.00 feet to a set 1/2 inch iron rebar for a corner of this tract of land; THENCE, South 28 degrees 27 minutes 00 seconds East, a distance of 230.00 feet to a set 1/2 inch iron rebar for a corner of this tract of land; THENCE, South 41 degrees 04 minutes 00 seconds East, a distance of 321.00 feet to a set 1/2 inch iron rebarfor a corner of this tract of land; Exhibit A, Page 1 Doe-275 2394 Case 7:19-cv-00403 Document 5-1 Filed on 12/05/19 in TXSD Page 17 of 26 Edwards Abstract and Title Go, GF 907555 THENCE, South 46 degrees 38 minutes 00 seconds East, a distance of 790.36 feet to a set 1/2 inch iron rebar estimated to a located at the Southwest corner of a 0.55 acre tract from United Irrigation Company (UIC) to the JW HOIT ESTATE, Deed No. 230 and a corner of this tract of land; THENCE, North 44 degrees 16 minutes 00 seconds East, a distance of 51.80 feet to a set 1/2 inch iron rebar estimated to be located at the Northwest corner of said 0.55 acre tract and a corner of this tract of land; THENCE, South 46 degrees 08 minutes 00 seconds East, a distance of 1016.79 feet to a point on an old fence line (Deed call 874.20 feet) to a corner that is to be located from a set 1/2 inch iron rebar having an offset of North 89 degrees 37 minutes 41 seconds East, a distance of 26.17 feet said corner being also 112.0 feet West of said Porcion 54 East line and said corner being also the Northeast corner of this tract of land; THENCE, South 09 degrees 35 minutes 02 seconds West, along said old fence line, a distance of 233.94 feet (Deed call: 326.50 feet) 112.0 feet West of and parallel to the East line of said Porcion 54 to a set 1/2 inch iron rebar for a corner of this tract of land; THENCE, South 58 degrees 41 minutes 00 seconds West, a distance of 136.36 feet (Deed call: 160.0 feet) to a set 1/2 inch iron rebar for a corner of this tract of land; THENCE, North 81 degrees 19 minutes 00 seconds West, a distance of 172.00 feet to a set 1/2 inch iron rebar for a corner of this tract of land; THENCE, South 38 degrees 41 minutes 00 seconds West, a distance of 540.00 feet to a set 1/2 inch iron rebar for a corner of this tract of land; THENCE, South 08 degrees 41 minutes 00 seconds West, a distance of 365.00 feet to a location where the North bank of the Rio Grande River formerly intersected (Deed call), THENCE, continuing for a total distance of 934.46 feet to the Southeast corner of this tract of land that is to be located from a set 1/2 inch iron rebar having an offset of North 74 degrees 26 minutes 00 seconds East, a distance of 4.18 feet of this tract of land; THENCE, North 46 degrees 53 minutes 52 seconds West, a distance of 13.42 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, North 77 degrees 37 minutes 42 seconds West, a distance of 58.54 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, South 70 degrees 07 minutes 34 seconds West, a distance of 106.16 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; Exhibit A, Page 2 Doe-275 2394 Case 7:19-cv-00403 Document 5-1 Filed on 12/05/19 in TXSD Page 18 of 26 Edwards Abstract and Title Go, GF 907555 THENCE, North 76 degrees 05 minutes 25 seconds West, a distance of 163.01 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, South 85 degrees 21 minutes 38 seconds West, a distance of 284.83 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, South 21 degrees 19 minutes 14 seconds West, a distance of 71.94 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, South 72 degrees 29 minutes 45 seconds West, a distance of 486.90 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, South 46 degrees 51 minutes 21 seconds West, a distance of 603.59 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, South 32 degrees 23 minutes 15 seconds West, a distance of 527.80 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, South 21 degrees 41 minutes 33 seconds West, a distance of 712.51 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, South 15 degrees 14 minutes 40 seconds West, a distance of 592.75 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, South 04 degrees 24 minutes 13 seconds West, a distance of 979.97 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, South 03 degrees 31 minutes 36 seconds East, a distance of 1033.02 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, South 07 degrees 30 minutes 50 seconds East, a distance of 400.30 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, South 00 degrees 57 minutes 08 seconds West, a distance of 215.37 feet Exhibit A, Page 3 Doe-275 2394 Case 7:19-cv-00403 Document 5-1 Filed on 12/05/19 in TXSD Page 19 of 26 Edwards Abstract and Title Go, GF 907555 following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, South 13 degrees 39 minutes 36 seconds West, a distance of 213.72 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, South 31 degrees 20 minutes 43 seconds West, a distance of 461.45 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, South 48 degrees 54 minutes 17 seconds West, a distance of 202.22 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, South 62 degrees 22 minutes 03 seconds West, a distance of 251.70 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, South 71 degrees 05 minutes 52 seconds West, a distance of 165.81 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, North 89 degrees 13 minutes 02 seconds West, a distance of 212.60 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, North 56 degrees 10 minutes 58 seconds West, a distance of 361.45 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, North 48 degrees 24 minutes 16 seconds West, a distance of 139.77 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, North 20 degrees 50 minutes 03 seconds West, a distance of 63.21 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, North 44 degrees 58 minutes 40 seconds West, a distance of 138.13 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, North 32 degrees 02 minutes 30 seconds West, a distance of 1724.56 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; Exhibit A, Page 4 Doe-275 2394 Case 7:19-cv-00403 Document 5-1 Filed on 12/05/19 in TXSD Page 20 of 26 Edwards Abstract and Title GF 907555 THENCE, North 39 degrees 30 minutes 11 seconds West, a distance of 181.09 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, North 30 degrees 27 minutes 07 seconds West, a distance of 216.25 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, North 22 degrees 01 minutes 53 seconds West, a distance of 364.86 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, North 06 degrees 53 minutes 44 seconds West, a distance of 577.12 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, North 03 degrees 38 minutes 02 seconds West, a distance of 290.64 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, North 02 degrees 39 minutes 35 seconds East, a distance of 271.29 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, North 07 degrees 44 minutes 07 seconds East, a distance of 516.61 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, North 12 degrees 35 minutes 36 seconds East, a distance of 1145.68 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, North 06 degrees 53 minutes 26 seconds East, a distance of 270.18 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, North 00 degrees 34 minutes 11 seconds East, a distance of 554.65 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, North 13 degrees 51 minutes 42 seconds West, a distance of 439.41 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, North 19 degrees 17 minutes 48 seconds West, a distance of 647.39 feet to Exhibit A, Page 5 Doe-275 2394 Case 7:19-cv-00403 Document 5-1 Filed on 12/05/19 in TXSD Page 21 of 26 Edwards Abstract and Title Go, GF 907555 the Southwest corner of this tract of land that is to be located from a set 1/2 inch iron rebar having an offset of North 00 degrees 00 minutes 23 seconds East, a distance of 50.00 feet also being the approximate location where the North bank of the Rio Grande River and East line of said Porcion 52 intersect for this tract of land; THENCE, North 08 degrees 42 minutes 45 seconds East, along the centerline of Brush a distance of 1469.82 feet to a set 1/2 inch iron rebar for the Southwest corner total distance of 3300.00 feet along the East line of said Porcion 52 and being the East line of the Old Fernandez strip now recorded under Volume 934, Page 554- 556, Hidalgo County Map Records to a set 1/2 inch iron rebar being the intersection of the South right-of?way line of said US. 281 (Military Highway) with said Porcion 52 East line and being also the Northwest corner for this tract of land; THENCE, South 80 degrees 36 minutes 41 seconds East, a distance of 1103.15 feet along the South right-of?way line of said US. 281 (Military Highway) to a set 1/2 inch iron rebar for a corner of this tract of land; THENCE, continuing along the South right-of?way line of US. 281 (Military Highway), South 79 degrees 42 minutes 06 seconds East, a distance of 276.81 feet to a set 1/2 inch iron rebar for a corner of this tract of land; THENCE, continuing along the South right-of-way line of said US. 281 (Military Highway), South 08 degrees 39 minutes 54 seconds West, a distance of 5.00 feet to a set 1/2 inch iron rebar for a corner of this tract of land; THENCE, continuing along the South right-of?way line of US 281 (Military Highway), South 79 degrees 42 minutes 06 seconds East, a distance of 73.89 feet to a set 1/2 inch iron rebar for a corner of this tract of land; THENCE, continuing along the South right?of?way line of US. 281 (Military Highway), South 78 degrees 28 minutes 44 seconds East, a distance of 343.36 feet to a set 1/2 inch iron rebar for a corner of this tract of land; THENCE, continuing along the South right-of?way line of US. 281 (Military Highway), South 76 degrees 24 minutes 56 seconds East, a distance of 836.16 feet to a set 1/2 inch iron rebar for a corner of this tract of land; THENCE, continuing along the South right?of?way line of US. 281 (Military Highway), South 75 degrees 58 minutes 09 seconds East, a distance of 70.36 feet to the POINT OF BEGINNING of this description, and containing within these metes and bounds 807.73 gross acres of land, more or less. Exhibit A, Page 6 Doe-275 2394 Case 7:19-cv-OO403 Document 5-1 Filed on 12/05/19 in TXSD Page 22 of 26 Edwards Abstract and Title Co., GF 907555 bd. be. bf. bg. bh. EXHIBIT (Exceptions to Conveyance and Warranty) Mineral and/or royalty grant and/or reservation in instrument(s) dated August 1, 1961, recorded in Volume 1014, Page 446, Deed Records; dated June 27, 1963, recorded in Volume 1065, Page 537, Deed Records; and, dated December 30, 1963, recorded in Volume 1078, Page 590, Deed Records, Hidalgo County, Texas. Mineral and/or royalty grant and/or reservation in instrument(s) dated April 30, 1946, recorded in Volume 632, Page 329, Deed Records; dated November 15, 1949, recorded in Volume 104, Page 538, Oil and Gas Records; dated May 15, 1958, recorded in Volume 928, Page 394, Deed Records; dated November 24, 1962, recorded in Volume 1049, Page 145, Deed Records; dated December 30, 1963, recorded in Volume 1078, Page 590, Deed Records; dated May 11, 1964, recorded in Volume 1088, Page 352, Deed Records; dated November 20, 1972, recorded in Volume 342, Page 970, Oil and Gas Records; and, dated December 19, 1972, recorded in Volume 343, Page 62, Oil and Gas Records, Hidalgo County, Texas Oil, Gas and Mineral Lease(s) dated October 1, 1970, recorded in Volume 328, Page 767, Oil and Gas Records; dated October 1, 1970, recorded in Volume 328, Page 793, Oil and Gas Records; dated November 1, 1970, recorded in Volume 328, Page 805, Oil and Gas Records; and, dated April 20, 1983, recorded in Volume 428, Page 357, Oil and Gas Records, Hidalgo County, Texas. Oil, Gas and Mineral Lease(s) dated March 30, 1983, recorded in Volume 1851, Page 336, Official Records; dated June 24, 1983, recorded in Volume 1858, Page 235, Official Records; dated September 28, 1983, recorded in Volume 1897, Page 20, Official Records; dated September 5, 1983, recorded in Volume 1910, Page 813, Official Records; dated October 27, 1983, recorded in Volume 1910, Page 827, Official Records; dated September 5, 1983, recorded in Volume 1913, Page 393, Official Records; dated September 5, 1983, recorded in Volume 1919, Page 397, Official Records; dated September 5, 1983, recorded in Volume 1925, Page 571, Official Records; dated September 5, 1983, recorded in Volume 1929, Page 601, Official Records; dated February 22, 1984, recorded in Volume 1967, Page 190, Official Records; dated February 22, 1984, recorded in Volume 1984, Page 678, Official Records; and, dated September 5, 1983, recorded in Volume 2010, Page 760, Official Records, HidalgoCounty, Texas. Oil, Gas and Mineral Lease(s) dated October 1, 1976, recorded in Volume 328, Page 759, Oil and Gas Records; dated October 1, 1970, recorded in Volume 328, Page 783, Oil and Gas Records; dated October 1, 1970, recorded in Volume 328, Page 799, Oil and Gas Records; and, dated December 1, 1983, Exhibit B, Page 1 Doe-275 2394 Case 7:19-cv-00403 Document 5-1 Filed on 12/05/19 in TXSD Page 23 of 26 Edwards Abstract and Title Co., GF 907555 bi. bk. bl. bm. bn. b0. bp. bq. recorded in Volume 1994, Page 465, Official Records, Hidalgo County, Texas. Oil, Gas and Mineral Lease(s) dated December 1, 1983, recorded in Volume 1930, Page 888, Official Records, and amended in instrument dated October 11, 1984, recorded in Volume 2150, Page 155, Official Records, Hidalgo County, Texas. Memorandum of Oil and Gas Lease(s) dated September 1, 2005, recorded under Clerk?s File No. 1542899, Official Records; dated November 1, 2005, recorded under Clerk?s File No. 1587724, Official Records; and, dated August 2, 2006, recorded under Clerk?s File No. 1689606, Official Records, Hidalgo County, Texas. Memorandum and Amendment of Letter Agreement dated June 25, 2002, recorded under Clerk?s File No. 1305006, Official Records, and dated June 25, 2002, recorded under Clerk?s File No. 1482349, Official Records, Hidalgo County, Texas. Memorandum of Geophysical Permit and Lease Option Agreement(s) dated June 25, 2002, recorded under Clerk?s File No. 1305006, Official Records; dated March 1, 2004, recorded under Clerk?s File No. 1339990, Official Records; dated July 12, 2004, recorded under Clerk?s File No. 1382393 and extended under Clerk's File No. 1581248, Official Records; dated July 9, 2004, recorded under Clerk?s File No. 1399600 and extended under Clerk's File No. 1650880, Official Records; dated May 1, 2004, recorded under Clerk?s File No. 1434658, Official Records; dated February 3, 2005, recorded under Clerk?s File No. 1458866, Official Records; and, dated December 25, 2005, recorded under Clerk?s File No. 1601274, Official Records, Hidalgo County, Texas. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges and immunities relating thereto, appearing in the Public Records whether listed herein or not. There may be leases, grants, exceptions or reservations of mineral interest that are not listed herein. Conveyance of Water Rights dated July 21, 1973, recorded in Volume 1373, Page 723, Deed Records, Hidalgo County, Texas. Water Right Agreement and Conveyance dated February 5, 1973, recorded in Volume 1352, Page 323, Deed Records, Hidalgo County, Texas. Reservation of water rights and/or other rights if any, as set forth in Amendment of Certificate of Adjudication dated August 31, 1973, recorded in Volume 1, Page 779, Water Rights Records, Hidalgo County, Texas. Easement and/or other rights, if any, as set forth in untitled instrument dated February 21, 1908, recorded in Volume Page 116, Deed Records, Hidalgo County, Texas. Exhibit B, Page 2 Doe-275 2394 Case 7:19-cv-OO403 Document 5-1 Filed on 12/05/19 in TXSD Page 24 of 26 Edwards Abstract and Title Co., GF 907555 br. bs. bt. bu. bv. bw. bx. by. bz. ca. cb. Easement and/or other rights, if any, as set forth in untitled instrument dated January 20, 1909, recorded in Volume Page 126, Deed Records, Hidalgo County, Texas. Easement and/or other rights, if any, as set forth in Warranty Deed dated May 11, 1921, recorded in Volume 177, Page 89, Deed Records, Hidalgo County, Texas. Easement and/or other rights, if any, as set forth in Warranty Deed dated December 24, 1926, recorded in Volume 243, Page 29, Deed Records, Hidalgo County, Texas. Right of Way Agreement dated August 22, 1950, recorded in Volume 698, Page 567, Deed Records, Hidalgo County, Texas. Easement and/or other rights, if any, as set forth in untitled instrument dated May 13, 1955, recorded in Volume 830, Page 473, Deed Records, and in instrument dated July 9, 1955, recorded in Volume 835, Page 22, Deed Records, Hidalgo County, Texas. Easement and/or other rights, if any, as set forth in untitled instrument(s) dated June 6, 1955, recorded in Volume 834, Page 192, Deed Records and dated July 30, 1956, recorded in Volume 867, Page 94, Deed Records, and Quit Claim dated June 23, 1975, recorded in Volume 1449, Page 962, Deed Records, Hidalgo County, Texas. Easement and/or other rights, if any, as set forth in untitled instrument(s) dated December 15, 1955, recorded in Volume 850, Page 49, Deed Records; and Quit Claim dated June 23, 1975, recorded in Volume 1449, Page 962, Deed Records, Hidalgo County, Texas. Easement and/or other rights, if any, as set forth in untitled instrument(s) dated January 23, 1956, recorded in Volume 852, Page 293, Deed Records, dated April 16, 1956, recorded in Volume 860, Page 158, Deed Records, and dated March 12, 1956, recorded in Volume 867, Page 92, Deed Records, Hidalgo County, Texas. Easement and/or other rights, if any, as set forth in untitled instrument(s) dated April 16, 1956, recorded in Volume 860, Page 155, Deed Records; and Quit Claim dated June 23, 1975, recorded in Volume 1449, Page 962, Deed Records, Hidalgo County, Texas. Easement and/or other rights, if any, as set forth in untitled instrument dated December 26, 1956, recorded in Volume 879, Page 382, Deed Records, Hidalgo County, Texas. Easement and/or other rights, if any, as set forth in untitled instrument dated January 8, 1957, recorded in Volume 882, Page 411, Deed Records, Hidalgo Exhibit B, Page 3 Doe-275 2394 Case 7:19-cv-00403 Document 5-1 Filed on 12/05/19 in TXSD Page 25 of 26 Edwards Abstract and Title Go, GF 907555 CC. cd. C8. cf. cg. ch. ci. cj. ck. cl. cm. County, Texas. Easement and/or other rights, if any, as set forth in untitled instrument dated February 25, 1957, recorded in Volume 882, Page 407, Deed Records, Hidalgo County, Texas. Easement and/or other rights, if any, as set forth in untitled instrument dated May 9, 1957, recorded in Volume 889, Page 386, Deed Records, Hidalgo County, Texas. Easement and/or other rights, if any, as set forth in untitled instrument dated June 24, 1957, recorded in Volume 892, Page 27, Deed Records, Hidalgo County, Texas. Easement and/or other rights, if any, as set forth in untitled instrument dated December 17, 1957, recorded in Volume 906, Page 358, Deed Records, Hidalgo County, Texas. Easement and/or other rights, if any, as set forth in untitled instrument(s) dated July 5, 1958, recorded in Volume 920, Page 113, Deed Records, and dated July 23, 1958, recorded in Volume 921, Page 1, Deed Records, Hidalgo County, Texas. Easement and/or other rights, if any, as set forth in untitled instrument(s) dated December 22, 1958, recorded in Volume 974, Page 268, Deed Records, and dated March 31, 1960, recorded in Volume 975, Page 320, Deed Records, Hidalgo County, Texas. Easement and/or other rights, if any, as set forth in untitled instrument(s) dated February 27, 1960, recorded in Volume 981, Page 505, Deed Records; dated May 24, 1960, recorded in Volume 981, Page 507, Deed Records; and, dated June 27, 1960, recorded in Volume 982, Page 84, Deed Records, Hidalgo County, Texas. Easement and/or other rights, if any, as set forth in untitled instrument dated May 3, 1961, recorded in Volume 1006, Page 56, Deed Records, Hidalgo County, Texas. Easement and/or other rights, if any, as set forth in untitled instrument dated May 3, 1961, recorded in Volume 1006, Page 57, Deed Records, Hidalgo County, Texas. Easement and/or other rights, if any, as set forth in untitled instrument dated May 31, 1961, recorded in Volume 1008, Page 299, Deed Records, Hidalgo County, Texas. Right of Way Easement dated October -, 1968, recorded in Volume 1243, Page 751, Deed Records, Hidalgo County, Texas. Exhibit B, Page 4 Doc-2752394 Case 7:19-cv-OO403 Document 5-1 Filed on 12/05/19 in TXSD Page 26 of 26 Edwards Abstract and Title Go, GF 907555 On. CO. cp. cq. Cf. CS. ct. CU. CV. CW. CX. Right of Way Easement dated October -, 1968, recorded in Volume 1243, Page 754, Deed Records, Hidalgo County, Texas. Easement Deeds (Levee) dated June 20, 1974, recorded in Volume 1412, Page 90, Deed Records; dated October 17, 1974, recorded in Volume 1423, Page 191, Deed Records; dated October 17, 1974, recorded in Volume 1423, Page 196, Deed Records; dated October 17, 1974, recorded in Volume 1423, Page 200, Deed Records; and, dated October 29, 1974, recorded in Volume 1424, Page 787, Deed Records, Hidalgo County, Texas. Not applicable. Not applicable. Easements for roadways, old canal right of way, floodway area, levee and channel area, levee and spoils area, river levee, irrigation and vent valves, irrigation gate, drain ditch, power poles, and power poles with guy wires all as shown on survey plat dated September 8, 2016, prepared by Joe B. Winston, R.P.L.S. No. 3780, Job. No. 8-5283. Not applicable. Rights of the United States of America (if any) to construct and maintain a fence or wall on the subject property. Not applicable. Not applicable. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges and immunities relating thereto, appearing in the Public Records whether listed herein or not. There may be leases, grants, exceptions or reservations of mineral interest that are not listed herein. Easements and reservations as may appear upon the recorded map and dedication of said the maps of West Addition to Sharyland, recorded in Volume 1, Page 56, Map Records and Capisallo District Subdivision, recorded in Volume Pages 226-227 Deed Records, Hidalgo County, Texas. Exhibit B, Page 5 Case 7:19-cv-00403 Document 5-2 Filed on 12/05/19 in TXSD Page 1 of 10 IN THE U}IITED STATES DISTRICT COURT FOR THE SOUTIIERN DISTRICT OF TEXAS MCALLEN DIVISION UNITED STATES OF AMERICA, $ $ Plaintiff, $ $ $ CASENO $ WE BUILD THE WALL, INC., FISHER INDUSTRIES, FISHER SAND AND GRAVEL CO., AND NEIJHAUS & SONS, LLC, $ $ $ A $ Defendants $ DECLARATION OF DR. PADINARE I]NNIKRISHNA l, Padinare Unnikrishna, declare as follows: I I am currently employed as the Supervisory Civil Engineer at the Intemational Boundary and Water Commission, United States and Mexico, United States Section ("USIBWC,') in El Paso, Texas. My duties as the Supervisory Civil Engineer include reviewing hydraulic reports and analyses provided to USIBWC by project proponents. I make this declaration voluntarily and based on my personal knowledge. 2 On November 13,2019, I received an email from Greg Gentsch, a Civil Engineer with Fisher Industries / TRG Construction, Inc., in which Mr, Gentsch conveyed to me two Adobe PDF documents. The email is anached hereto as Exhibit A. 3 One PDF document was six pages long and contained conceptual drawings ofa proposed bollard fence project along the bank ofthe Rio Grande main channel and contained limited information about water flow direction and flow velocity. 4 The other document was a one-page document dated October 28,2019, which provided limited information about a proposed bollard fence project in the floodplain of the Rio Grande located from 6.3 miles to 3.3. miles upsheam of Arzalduas Dam. Neither document sent to me by Mr. Gentsch on November 13, 2019, sets-forth substantive data, information, calculations and reports about the proposed bollard fence project or the hydraulic impacts ofthe project. 5 6. To date, I have not received any additional engineering documents or data from Fisher Industries or We Build the Wall that constitute the substantive and detailed hydraulic analysis that is required by USIBWC for projects that are proposed in the floodplain ofthe Lower Rio Grande Flood Control Project GOVERiliIEIIT EXHIAlT 2 Case 7:19-cv-00403 Document 5-2 Filed on 12/05/19 in TXSD Page 2 of 10 Pursuant to 28 U.S.C. S 1746, I declare under penalty ofp€rjury that the foregoing is true and corect ofmy knowledge, to the bcst Sigred this _IL 5 day of December,2019. \N' Padinare Unnikrishna, Ph.D., P.E., CFM Supervisory Civil Engincer, USIBWC 2 Case 7:19-cv-00403 Document 5-2 Filed on 12/05/19 in TXSD Page 3 of 10 From: To: Greo Gentsch Cc: Tommy Fisher Copy of info left with your El Paso office this past week Wednesday, November 13, 2019 6:27:16 PM Padinare Unnikrishna Subject: Date: Attachments: Floodplain Lateral flow LRGV.odf Rio Grande fence within floodplain above Anzalduas dam.pdf Greetings Dr. Unnikrishna, l'm sorry I missed you last week. Please see attached and feelfree to call me if you have any questions. Thank you, iE, Greg Gentsch, P.E. Civil Engineer TGRGonstruction, lnc. Cell (a80) 2s4-847s Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. A Case 7:19-cv-00403 Document 5-2 Filed on 12/05/19 in TXSD Page 4 of 10 Fishar s.nd A lndustrie.s l3r4 796 13o? w (4ao) 9236 onreEway Lhpe Az 0523a.10la 730.1033 Fd: (460) 73c1264 ww.rElu.rn om GEv.l co. ArLrcn. Driln9l BlGin! Fisher GEding & E@veiDn S{u,lw6r Asphsn Pavins FBh.r S.ri e cEvel - Nry M.ioo, tnc. G.n.al Sr..l.nd Suppry c.mpany SollnlGt Concrct P.vinq co. October 28, 2019 Analysis of the lateral flow rates and volumes from floodway to floodplain This is for the segment of the Rio Grande below Bentsen Rio Grande Valley.state Park. This is from 6.3 miles to 3.3 miles upstream from Anzalduas Dam which spans the Rio Grande between McAllen, TX and Reynosa, Mexico. . '1 8 foot tall bollards will be installed along 15,600 feet of riverfront approximately 10 feet outside of the floodway. . The area offloodplain behind the bollards will be 863 acres. o Depth of inundation for delineated floodplain ranges from 3'to '15'. Average depth is estimated at 7'. . The average depth of water at the bollards during this event will also be 7'. . Therefore the volume of water to flll the floodplain will be 263 million CF . Additional tributary inflow from adjorning land is expected to generate up to 20% of the flow onto the floodplain for a local storm. o Time to fill from start of event is 1 0-12 hours. Total width of 13,867 openings equals 5,778 feet. r Average velocity of floodwater passing through is about 0.3 feet/sec. due to some flow at the peak of the event passing 'over" the peninsula thereby running through the row of opening twice. . Calculations with a supporting schematic for the flow rates and sequence are included herewith. The alignment of the bollards will present no obstruction to the Floodway and the velocities parallel to the alignment will help keep debris from ,hanging up'on it. General Statements and Conclusions Extensive areas of floodplain border both sides of the Rio Grande throughout the lower segment from Falcon Dam to the Gulf of Mexico. Many of the widest areas are situated where tributaries bring additional runoff into the Flood zone while the Rio Grande is flowing full. Much of the floodplain area is flooded initially by large tributary flows which are relatively unmitigated due to the shorter time of concentration. The addition of dams on the Rio Grande has reduced the overall footprint of the floodplain over the years and consequently the amount of lateral flow needed to fill the floodplains. The installation of bollard fence close to the bank of the Rio Grande and situated outside of the Floodway will have no significant detrimental effect on the performance of the Floodway channel. The cleanup and' maintenance ofthe banks will reduce the overall boundary restrictions to the flow. Lateral_flow_outward through the bollards during the rising portion ofthe hydrograph and the subsequent lateral flow from the floodplain back into the main channel is essentially unrestiicted since there are S" openings on either side of every bollard. These lateral flows are slow due to the gentle proftle of the river channel which will prevent any rapid rise and fall in the peak flow. Flow rates on the floodplain are less than 1 fooUsec and generally parallel to the river. Transverse (lateral) flow rates at the bollard fence are also low and are only the result of rebalancing the flood elevation during the event. Flow rates through the 5" gaps should be assumed to be less than about 0.5 feet per second. The concrete surfaced road will prevent erosion at the bollards during all stages of these events. Please contact me if there are any questions or additional information that could be considered Regards, , Civil Engtneer Construction, lnc. Fisherlndustries Case 7:19-cv-00403 Document 5-2 Filed on 12/05/19 in TXSD Page 5 of 10 Sheet 1 of 6 United States Mexico TYPICAL CROSS SECTION - BEFORE FLOODPLAIN LATERAL FLOW ANALYSIS Lower Rio Grande Valley By Greg Gentsch, PE. September 30, 2019 Case 7:19-cv-00403 Document 5-2 Filed on 12/05/19 in TXSD Page 6 of 10 Sheet 2 of 6 RISING STAGE FLOODPLAIN United States FLOODPLAIN FLOODWAY ? t tu 1 I T ) Tributary inflow to floodplain ) Mexico Tributary inflow to floodplain \ I \ i a I \ I \ FLOODPLAIN LATERAL FLOW ANALYSIS WPICAL PLAN VIEW 0 o o Lower Rio Grande Valley By Greg Gentsch, PE. September 30, 2019 Case 7:19-cv-00403 Document 5-2 Filed on 12/05/19 in TXSD Page 7 of 10 Sheet 3 of 6 RECEDING STAGE FLOODPLAIN United States FLOODPLAIN FLOODWAY / Mexico I tu 1 t T \ Tributary inflow to floodplain Tributary inflow to floodplain \ ) \) ryPICAL PLAN VIEW l a 1 FLOODPLAIN LATERAL FLOW ANALYSIS Lower Rio Grande Valley By Greg Gentsch, PE. September 30, 2019 Case 7:19-cv-00403 Document 5-2 Filed on 12/05/19 in TXSD Page 8 of 10 Sheet 4 of 5 FIoodp in Floodway United States A less obstructed and well maintained riverbank will lower the flood elevation since there will be less obstructing vegetation on the banks in the floodwav. RIVERBANK CROSS SECTION - AFTER FLOODPLAIN LATERAL FLOW ANALYSIS Lower Rio Grande Valley By Greg Gentsch, PE. September30, 2019 Case 7:19-cv-00403 Document 5-2 Filed on 12/05/19 in TXSD Page 9 of 10 Sheet 5 of 6 10 foot Utility strip 25 foot wide Roadway & Multi-use pathway FLOODPLAI N LATERAL FLOW ANALYSIS Lower Rio Grande Valley By Greg Gentsch, PE. September 30, 2019 Case 7:19-cv-00403 Document 5-2 Filed on 12/05/19 in TXSD Page 10 of 10 Sheet 6 of 6 Velocities at the 5" openings will average below 1ft./sec United States I f Velocities on the Floodplain are all below 1ft./sec lr a RIO GRANDE MAIN CHANNEL t il ry RIO G ry DE IMPROVED FLOW G, ry FLOODPLAIN LATERAL FLOW ANALYSIS BOLLARD FENCE PLAN VIEW Lower Rio Grande Valley By Greg Gentsch, PE. September 30, 2019 Case 7:19-cv-00403 Document 5-3 Filed on 12/05/19 in TXSD Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS MCALLEN DIVISION UNITED STATES OF AMERICA, Plaintzff v. WE BUILD THE WALL, iNC., FISHER INDUSTRIES, FISHER SAND AND GRAVEL CO., AND NEUHAUS & SONS, LLC, Defendants. § § § § § § § § § § § § CASE NO. DECLARATION OF DR. APURBA K. BORAH I, Apurba K. Borah, declare as follows: L I am currently employed as the Lead Hydraulic Engineer at the International Boundary and Water Commission, United States and Mexico, United States Section (“US1BWC) in El Paso, Texas. My duties as the Lead Hydraulic Engineer include reviewing hydraulic analyses and reports provided to the USIBWC by project proponents. I make this declaration voluntarily and based on my personal knowledge. 2. 3. 4. 5. On November 19, 2019, I sent an email to Greg Gentsch, a Civil Engineer with Fisher Industries / TGR Construction, Inc., which conveyed to him a link to download a HEC RAS model as information for reference for the proposed bollard fence project in the Rio Grande floodplain upstream of Anzalduas Dam. The email is attached hereto as Exhibit A. It is a standard practice for the USIBWC to request that entities proposing projects in the Rio Grande floodplain to perform hydraulic analyses, analyze hydraulic impacts and submit those analyses and reports to the USIBWC for review. Mr. Gentsch replied to me on November 19, 2019, confirming his receipt of the link and that he would use the HEC-RAS model. That email is attached hereto as Exhibit B. I have not received any documents or data from Fisher Industries or We Build the Wall that constitute the hydraulic analysis that is required by USIBWC for projects that are proposed in the floodplain of the Lower Rio Grande Flood Control Project. 3 Case 7:19-cv-00403 Document 5-3 Filed on 12/05/19 in TXSD Page 2 of 5 Pursuant to 2$ U.S.C. § 1746, 1 declare under penalty of perjury that the foregoing is true and correct to the best ofmy knowledge. Signed this 3tt” day of December, 2019. Apurba K. Borah, Ph.D., P.E. Lead Hydraulic Engineer, USIBWC 2 Case 7:19-cv-00403 Document 5-3 Filed on 12/05/19 in TXSD Page 3 of 5 From: To: Cc: Subject: Date: Apurba Borah ggentsch@fisherind.com Padinare Unnikrishna; John Claudio Rio Grande Hydraulic Model and Report Tuesday, November 19, 2019 12:27:42 PM This message classified as Official Mr. Gentsch, Please use the following link to download the HEC-RAS Model and associated report from the following link; as per our IT protocol, this link will be active for 48 hours. Let me know if you have problem accessing the link. This model and report were prepared by S&B Infrastructure for USIBWC in 2009. https://ibwcmy.sharepoint.com/:f:/g/personal/apurba_borah_ibwc_gov/Er3i2SVtSgBAgK31Hhg6tiIBT939iFGVGjl51jKe2DM1yA? e=7aBGcF Thanks, Apurba Borah Lead Hydraulic Engineer USIBWC, 915-832-4710 This message is classified as Official by IBWC\Apurba.Borah on Tuesday, November 19, 2019 11:27:18 AM A Case 7:19-cv-00403 Document 5-3 Filed on 12/05/19 in TXSD Page 4 of 5 From: To: Cc: Subject: Date: Padinare Unnikrishna Rebecca Rizzuti Apurba Borah FW: Rio Grande Hydraulic Model and Report Wednesday, December 4, 2019 4:08:47 PM Deliberative Process Communication – Do Not Share   Rebecca   The following is the email through which Dr. Borah shared the S&B (2008) model with the proponent on Nov 19th.   Thanks Unni   From: Greg Gentsch Sent: Tuesday, November 19, 2019 12:03 PM To: Apurba Borah Cc: Padinare Unnikrishna ; John Claudio Subject: Re: Rio Grande Hydraulic Model and Report   Good afternoon,    I have a version but I will use this one as requested. I cannot download it today but I will return to my office late tomorrow. Thank you for the heads up on the 48-hour time limit.    Regards,   Greg Gentsch Project Engineer 1302 Drivers Way Tempe, AZ 85284   (480) 254-8475 cell  On Nov 19, 2019, at 11:27 AM, Apurba Borah wrote: WARNING: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.   This message classified as Official Mr. Gentsch,   Please use the following link to download the HEC-RAS Model and associated report from the following link; as per our IT protocol, this link will be active for 48 hours. Let me know if you have problem accessing the link. This model and report were prepared by S&B Infrastructure for USIBWC in 2009.   https://ibwcmy.sharepoint.com/:f:/g/personal/apurba_borah_ibwc_gov/Er3i2SVtSgBAgK31Hhg6tiIBT939iFGVGjl51jKe2DM1yA? e=7aBGcF     Thanks, B Case 7:19-cv-00403 Document 5-3 Filed on 12/05/19 in TXSD Page 5 of 5 Apurba Borah Lead Hydraulic Engineer USIBWC, 915-832-4710   This message is classified as Official by IBWC\Apurba.Borah on Tuesday, November 19, 2019 11:27:18 AM   Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. Case 7:19-cv-OO403 Document 5-4 Filed on 12/05/19 in TXSD Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS MCALLEN DIVISION UNITED STATES OF AMERICA, Plainti?f V. CASE NO. WE BUILD THE WALL, INC, FISHER INDUSTRIES, FISHER SAND AND GRAVEL CO., AND NEUHAUS SONS, LLC, Defendants. DECLARATION OF JOHN CLAUDIO I, John Claudio, declare as follows: 1. I am currently employed as a Realty Specialist at the International Boundary and Water Commission, United States and Mexico, United States Section in Mercedes, Texas. My duties as the Realty Specialist include interfacing with, collecting information hem, and conveying information to entities that seek to build projects in the ?oodplain of the Rio Grande in the Lower Rio Grande Flood Control Project. I make this declaration voluntarily and based on my personal knowledge. 2. On November 19, 2019, I sent an email to Greg a Civil Engineer with Fisher Industries; T. Priebe, another Fisher Industries contact; and Kris Kobach, a contact with the organization We Build the Wall, which requested that all written communication, including emails, between either Fisher Industries or We Build the Wall and the USIBWC be made through me, with a carbon copy to Rebecca Rizzuti, the Assistant Attorney, and Frankie Pinon, my countelpart in the El Paso headquarters The email is attached hereto as Exhibit A. 3. On November 19, 2019, I sent an email to the same Fisher Industries and We Build the Wall contacts requesting detail on the proposed bollard fence project in the Lower Rio Grande Flood Control Project and its impact on the banks of the Rio Grande river. That email is attached hereto as Exhibit B. 4. In that email, I asked if Fisher Industries agreed to pause construction activity for their wall or fence project to give USIBWC time to review hydraulic models associated with their project. 5. When I sent the email, I was aware that Dr. Borah sent to Fisher Industries the 1 GDVEHNMEHT EXHIBIT 4 Case 7:19-cv-OO403 Document 5-4 Filed on 12/05/19 in TXSD Page 2 of 6 hydraulic model that USIBWC typically requires project proponents to use to generate hydraulic models and reports and I referenced Dr. Borah?s email in my email. 6. On November 21, 2019, Mr. emailed me con?rming that Fisher Industries would pause construction activity for its bollard fence, such as excavation, foundations, and fence construction, to give USIBWC time to review hydraulic models for the proposed bollard fence project. That email is attached as Exhibit C. 7. I have not received any documents or data ??om Fisher Industries or We Built the Wall that constitute the hydraulic analysis that is required by USIBWC for projects that are proposed in the ?oodplain of the Lower Rio Grande Flood Control Project. Pursuant to 28 U.S.C. 1746, I declare under penalty ofperjury that the foregoing is true and correct to the best of my knowledge. Signed this 3 day of December, 2019. 1% Claudio, Realty Specialist, USIBWC is.) Case 7:19-cv-00403 Document 5-4 Filed on 12/05/19 in TXSD Page 3 of 6 From: To: Cc: Subject: Date: John Claudio ggentsch@fisherind.com; tpriebe@fisherind.com; kkobach@gmail.com Rebecca Rizzuti; Frankie Pinon; rich.kaye@gmail.com Points of contact Tuesday, November 19, 2019 4:28:31 PM This message classified as Official Good afternoon all,   In order to facilitate more efficient communication with the USIBWC, please send any written communication, including emails, to the following 3 people at USIBWC: to myself (john.claudio@ibwc.gov), with a CC to Rebecca Rizzuti (Rebecca.Rizzuti@ibwc.gov) and Frankie Pinon (Frankie.pinon@ibwc.gov) Thank you.     John Claudio Realty Specialist  United States Section (Mercedes, TX.) International Boundary and Water Commission (USIBWC)         This message classified as Official by IBWC\John.Claudio on Tuesday, November 19, 2019 4:28:27 PM A From: John Claudio <19 hn.c audioeibwc.goy> sent: Tuesday, November 19, 2019 3:44 Bib . - - To: Greg emanatgmsaid'omFIIBd on 12/05/19 In TXSD Page 4 Of 6 Cc: Diana Forti Frankie Pinon {?ankiepinon?ibwcgov}; Jose Hunez Sally Spener Sent: Thursday, November 21, 2019 1:20 AM To: John Claudio ; Tim Priebe ; kkobach@gmail.com Cc: Diana Forti ; Frankie Pinon ; Jose Nunez ; Sally Spener ; Sainz, Francisco D ; Jayne Harkins Subject: RE: Requesting information Importance: High   Hello John,   Fisher will work together with IBWC to cooperate everywhere possible.   C Case 7:19-cv-00403 Document 5-4 Filed on 12/05/19 in TXSD Page 6 of 6 Please accept this email in response to your request(s).   1.  Fisher is currently clearing the overgrowth of vegetation from the riverbank along the perimeter of the Neuhaus property. There is no material being imported or exported and every effort will be made to keep material from falling into the river as well. All areas will be seeded with Bermuda grass for erosion control/stabilization. 2. Yes, the cleanup of the vegetation along this segment of riverbank will be reflected in the modeling. 3. The vegetation removal and grading to a uniform slope will be performed on the entire bank. 4. We have agreed to pause per your earlier request. As we understand it this is primarily for the excavation, foundations, and fence construction. a. Yes, see above b. Not at this time, please see above. We would respectfully request that this operation be completed so that we can accurately map the land surface. The presence of the thick vegetation had already been recommended for removal and it significantly affects the accuracy of the mapping. c. Not at this time, please see all above. We respectfully request that the vegetation cleanup be allowed to continue as long as we are not changing the top of bank elevation or importing any material whatsoever into the floodplain.   We look forward to working with you to safely complete this work without significant impacts and satisfying these concerns.   Regards,       Greg Gentsch, P.E. Civil Engineer T G R Construction, Inc. Cell (480) 254-8475 Case 7:19-cv-00403 Document 5-5 Filed on 12/05/19 in TXSD Page 1 of 29 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS MCALLEN DIVISION UNITED STATES OF AMERICA, § § Plaintiff, § § v. § CASE NO. 7:19-CV-403 § WE BUILD THE WALL, INC., § FISHER INDUSTRIES, FISHER SAND § AND GRAVEL CO., AND NEUHAUS & § SONS, LLC, § § Defendants. § _____________________________________________________________________________ TEMPORARY RESTRAINING ORDER _____________________________________________________________________________ Plaintiff United States of America, having filed its Complaint, seeking, inter alia, a temporary restraining order, preliminary injunction and other equitable relief in this matter, and having moved for an Emergency Temporary Restraining Order and other relief under Rule 65 of the Federal Rules of Civil Procedure, Fed. R. Civ. P. 65, and the Court, having considered the Complaint, supporting affidavit, and motion filed in support and having heard arguments of counsel for the parties for and against the requested relief, finds that: FINDINGS OF FACT 1. This Court has jurisdiction over the subject matter of this case and there is good cause to believe it will have jurisdiction over Defendants. 2. Venue lies properly with this Court. 3. There is good cause to believe that Defendants We Build the Wall, Inc., Fisher Industries, Fisher Sand and Gravel Co., and Neuhaus & Sons, LLC., have engaged in, and are Page 1 of 3 Temporary Restraining Order Case 7:19-cv-00403 Document 5-5 Filed on 12/05/19 in TXSD Page 2 of 29 likely to engage in, acts that violate or have violated the requirements of the USIBWC pursuant to the 1970 Treaty between the United States and Mexico. (Treaty to Resolve Pending Boundary Differences and Maintain the Rio Grande and Colorado River as the International Boundary, US – Mex, Nov. 23, 1970, TIAS 7313.). 4. There is good cause to believe that the United States has a substantial likelihood of prevailing on the merits of this action. 5. There is good cause to believe that the United States has suffered and will continue to suffer immediate and irreparable damage if the temporary restraining order is not granted. 6. There is good cause to believe that the threatened injury to the United States substantially outweighs any threatened harm to the Defendants. 7. There is good cause to believe that granting the temporary restraining order will not disserve the public interest. 8. THEREFORE, IT IS ORDERED that Plaintiff United States’ Motion for a Temporary Restraining Order and Preliminary Injunction is hereby GRANTED as follows. Pending a preliminary injunction hearing, Defendants (and anyone acting on their behalves who receive actual notice of this Order) are hereby immediately restrained and enjoined as follows: (a) constructing a bollard structure, wall or similar structure along the bank and within the floodplain of the Rio Grande River on land described as an 807.73 gross acre tract of land out of the WEST ADDITION TO SHARYLAND SUBDIVISION, Lots 9-1, 9-2, and Parts of Lots 9-3, 9-4 and Parts of Lots 10-1, 10-2, and 10-3 and Part of Porcion 53 and 54, Hidalgo County, Texas, as per map or plat thereof recorded in Volume 1, Page 56, Map Records, Hidalgo County, Texas as described in the Special Warranty Deed filed as Document No. 2752394, Official Records of Hidalgo County, Texas (hereinafter described in its entirety as the “Neuhaus Property”) 1 until such time 1 For the full metes and bounds description of the Neuhaus Property, see the Special Warranty Deed attached as Exhibit 1. Page 2 of 3 Temporary Restraining Order Case 7:19-cv-00403 Document 5-5 Filed on 12/05/19 in TXSD Page 3 of 29 as WBTW and Fisher Industries comply with the requirements of the USIBWC pursuant to the 1970 Treaty between the United States and Mexico. (Treaty to Resolve Pending Boundary Differences and Maintain the Rio Grande and Colorado River as the International Boundary, US – Mex, Nov. 23, 1970, TIAS 7313.); (b) constructing a bollard structure, wall or similar structure along the bank and within the floodplain of the Rio Grande River on the Neuhaus Property until such time as USIBWC fulfills its analysis and other requirements pursuant to the 1970 Treaty between the United States and Mexico. (Treaty to Resolve Pending Boundary Differences and Maintain the Rio Grande and Colorado River as the International Boundary, US – Mex, Nov. 23, 1970, TIAS 7313.); and (c) further work impacting the bank of the Rio Grande on the Neuhaus Property until such time as USIBWC reviews the proposed changes to the embankment and issues a permit allowing such modification. IT IS FURTHER ORDERED: 9. Defendants’ response(s) to United States’ Motion for Preliminary Injunction, is due on or before _____________________. 10. The United States’ reply in support of its Motion for Preliminary Injunction is due on __________________________. 11. The Court will hold a hearing on the United States’ Motion for Preliminary Injunction on ________________________ beginning at __:00 _.m. IT IS SO ORDERED. SIGNED and issued at ______ __.m., this ____ day of ______________, 2019. RANDY CRANE UNITED STATES DISTRICT JUDGE Page 3 of 3 Temporary Restraining Order nt9353753l3??i9d on 12/05/19 in TXSD Page 4 of 29 Hidalgo County Arturo Guajardo Jr. County Clerk Edinburg, Texas 78540 Document No: 2752394 Billabie Pages: 25 Recorded On: October 04, 2016 03:27 PM Number of Pages: 26 and Charged as Total Recording: 132.00 PAGE IS PART OF THE 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 No: 2752394 Receipt No: 20161004000427 Recorded On: October 04, 2016 03:27 PM Deputy Clerk: Imelda Leal Station: ?m""mu STATE or TEXAS Co $9 0 0,9,9 COUNTY OF HIDALGO U. 5. I hereby certify that this Instrument was FILED in the File Number sequence on the date/time Ir 5. t, printed hereon, and was duly RECORDED in the Official Records of Hidalgo County, Texas. 5 ?3-653: Arturo Guajardo Jr. EH County Clerk 1 Hidalgo County, Texas 000275239Case 7:19-cv-OO403 Document 5-5 Filed on 12/05/19 in TXSD Page 5 of 29 Edwards Abstract and Title Co., GF 907555 01, NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR LICENSE NUMBER. Date: Grantor And Grantor?s Mailing Addresses: SPECIAL WARRANTY DEED WITH LIEN September 28, 2016 CHARLES E. PRATT, as Trustee of the CHARLES PRATT FAMILY TRUST 301 Cape Hatteras Dr. Corpus Christi, TX 78412 STACY P. PATTERSON, spouse of Brian Patterson, dealing with non- homestead separate property 206 Lorraine Drive Corpus Christi, TX 78411 STEPHANIE P. KUHLES, spouse of Matthew Kuhles, dealing with non? homestead separate property 9510 Scenic Bluff Drive Austin, TX 78733 IRENE OLIVIERI fka MARY IRENE HARDWICKE, spouse of Lance Joseph Olivieri, dealing with non-homestead separate property 5722 N. Tula Lane Tucson, AZ 85743 HELEN CATHERINE HARDWICKE, a single person 27 Dudley Avenue Venice, CA 9029] ALEXANDRA ELIZABETH HARDWICKE, a single person 609 Franklin Blvd. A Austin, TX 78751 9002752394 Case 7:19-cv-OO403 Document 5-5 Filed on 12/05/19 in TXSD Page 6 of 29 Edwards Abstract and Title Co., GF 907555 JAMES B. HARDWICKE, spouse of Michelle Hardwicke, dealing with non- homestead separate property 3837 W. Lark Street Spring?eld, MO 65810 SALLY ANN HARDWICKE BRACE, spouse of Robert Brace, dealing with non-homestead separate property 2000 N. 8th McAllen, TX 78501 RICHARD BRUCE HARDWICKE, spouse of Janna Margaret Hardwicke, dealing with non-homestead separate property 1 12 E. Warbler Avenue McAllen, TX 78504 MARY HELEN KORBELIK, a single person 3316 W. 69th Street Shawnee Mission, KA 66208 ROBERT B. KORBELIK, spouse of Debra Anne Korbelik, dealing with non- hornestead, separate property 10755 E. Stoney Lane Scottsdale, AZ 85262 DAVID JOHN KORBELIK, a single person 3316 W. 69th Street Shawnee Mission, KA 66208 JILL KORBELIK, a single person P. O. Box 11395 Eugene OR 97440 JOHN B. HARDWICKE, VI, aka BEN HARDWICKE, a single person 2271 Duane St., #10 Los Angeles, CA 90039 and Doc-2752394 Case 7:19-cv-OO403 Document 5-5 Filed on 12/05/19 in TXSD Page 7 of 29 Edwards Abstract and Title Co., GF 907555 LAWRENCE G. HARDWICKE, M.D., TRUSTEE OF THE LAWRENCE G. HARDWICKE M.D. REVOCABLE TRUST, THE HARDWICKE MARITAL TRUST, AND THE HARDWICKE FAMILY TRUST, AS CREATED UNDER THE TERMS OF THE HARDWICKE FAMILY REVOCABLE FAMILY TRUST 1625 Westwood Abilene, TX 79603 Grantee: NEUHAUS SONS, A Texas General Partnership Grantee's Mailing Address: 2000 E. Expressway 83 Weslaco, Texas 78596 Consideration: Cash and a note dated September 28, 2016, executed by Grantee and payable to the order of TEXAS FARM CREDIT SERVICES, FLCA, in the principal amount of FOUR MILLION THREE HUNDRED FORTY-FIVE THOUSAND and 100 DOLLARS The note is secured by a ?rst and superior vendor's lien and superior title retained in this deed in favor of TEXAS FARM CREDIT SERVICES, FLCA, and by a ?rst-lien deed of trust dated September 28, 2016, from Grantee to MARK A. MILLER, trustee. Property (including any improvements): A 807.73 gross acre tract of land out of the WEST ADDITION TO SHARYLAND SUBDIVISION, Lots 9-1, 9-2, and Parts of Lots 9-3, 9-4 and Parts of Lots 10-2, and 10-3 and Part of Porcion 53 and 54, Hidalgo County, Texas, as per map or plat thereof recorded in Volume 1, Page 56, Map Records, Hidalgo County, Texas, and Tortuga Banco No. 65, and Accretion Area, Hidalgo County, Texas, said tract more particularly described by metes and bounds in Exhibit A attached hereto and incorporated herein by reference as if set out in full; together with all permanently installed and built- in items, if any pumping site and irrigation system); and 1990.235 acre feet of Class water rights and 575.00 acre-feet Class water rights, both for irrigation purposes, Certi?cate of Adjudication No. 23?399, Amendment said water rights being subject to the restrictions and conditions placed upon the holder thereof under the Certi?cate of Adjudication and all amendments thereto and the rules and regulations of the Texas Commission on Environmental Quality and any successor thereto. Doc-2752394 Case 7:19-cv-OO403 Document 5-5 Filed on 12/05/19 in TXSD Page 8 of 29 Edwards Abstract and Title Co., GF 907555 Reservations from Conveyance: For Grantor and each Grantor's heirs, successors, and assigns forever, a reservation of all oil, gas, and other minerals in and under and that may be produced from the Property (the ?Mineral Estate?) not heretofor conveyed by Grantor?s predecessors in interest, Grantor?s corresponding fractional interest in any royalty under any existing or ?iture lease covering any part of the Property, surface rights (including rights of ingress and egress), production and drilling rights, lease payments, and all related bene?ts. The Mineral Estate does NOT include water, sand, gravel, limestone, building stone, caliche, surface shale, near-surface lignite, and iron, but DOES include the reasonable use of these surface materials for mining, drilling, exploring, operating, developing, or removing the oil, gas, and other minerals from the Property. Exceptions to Conveyance and Warranty: To the extent they validly exist: Those items appearing in Exhibit attached hereto and incorporated herein by reference. The vendor's lien against and superior title to the Property are retained until each note described is fully paid according to its terms, at which time this deed will become absolute. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person Whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but not otherwise, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. GRANTEE ACCEPTS THE PROPERTY IN PHYSICAL CONDITION. GRANTOR MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY CROP GROWN OR GROWING ON THE LAND. GRANTEE ACKNOWLEDGES THAT GRANTEE HAS HAD THE OPPORTUNITY TO INSPECT THE PROPERTY OR HAS OR MAY HAVE AN INSPECTION THEREOF TO BE MADE ON BEHALF AND IT IS UNDERSTOOD AND AGREED THAT NEITHER GRANTOR NOR ANY PERSON ACTING OR PURPORTING TO ACT FOR GRANTOR HAS MADE OR NOW MAKES ANY REPRESENTATION AS TO THE PHYSICAL CONDITION (LATENT OR PATENT OR OTHERWISE), OR ANY OTHER MATTER OR THING AFFECTING OR RELATING TO THE PROPERTY EXCEPT AS HEREIN SPECIFICALLY SET FORTH. GRANTEE HEREBY EXPRESSLY ACKNOWLEDGES THAT NO SUCH REPRESENTATIONS HAVE BEEN MADE AND GRANTEE Doe-275 2394 Case 7:19-cv-00403 Document 5-5 Filed on 12/05/19 in TXSD Page 9 of 29 Edwards Abstract and Title Co., GF 907555 THAT ALL UNDERSTANDINGS AND AGREEMENTS HERETOFORE HAD BETWEEN THE PARTIES ARE HEREBY MERGED IN THIS DEED WHICH, WITH THE CONTRACT TO SELL THE PROPERTY FULLY AND COMPLETELY EXPRESSES AND AGREEMENT AND THAT THE DEED IS ACCEPTED AFTER FULL INVESTIGATION, NEITHER PARTY RELYING UPON ANY STATEMENT OR REPRESENTATION MADE BY THE OTHER NOT EMBODIED IN THIS DEED AND THE CONTRACT FOR THE SALE OF THE PROPERTY. To the extent of $2,584,992.00, TEXAS FARM CREDIT SERVICES, LCA, at Grantee's request, has paid in cash to Grantor the purchase price of the Property that is evidenced by the note. The ?rst and superior vendor's lien against and superior title to the Property are retained for the bene?t of TEXAS FARM CREDIT SERVICES, FLCA, and are transferred to TEXAS FARM CREDIT SERVICES, FLCA, without recourse against Grantor. When the context requires, singular nouns and pronouns include the plural. CHARLES E. PRATT, AS TRUSTEE OF THE CHARLES E. PRATT FAMILY TRUST STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on day of September, 2016, by CHARLES E. PRATT, AS TRUSTEE OF THE CHARLES E. PRATT FAMILY TRUST. 60pm MW ota . ?55? Com: 313:3: gens Notary Pubhc, State of Texas Notary no 10622034 2? My comm1s31on expires. 8 5 9030 9002752394 Case 7:19-cv-OO403 Document 5-5 Filed on 12/05/19 in TXSD Page 10 of 29 Edwards Abstract and Title Go, GF 907555 \Sle/fp 4 Stacy Paw: STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ?g day of September, 2016, by STACY P. PATTERSON. . 4 J2me diam t? Notary Pub/Ea State of Texas My commi sion expires: 5 0 002 IRENE GARCIA - *3 Notary Public. State of Texas - Comm. Expires 08-30-2020 Pruw? Notary ID 10622034 Doe-275 2394 Case 7:19-cv-OO403 Document 5-5 Filed on 12/05/19 in TXSD Page 11 of 29 Edwards Abstract and Title Co., GF 907555 VI Stephan?: P. KuH?les STATE OF TEXAS COUNTY OF TRAVIS This instrument was acknowledged before me on ?39 day of September, 2016, by STEPHANIE P. KUHLESPAUL ANDREW CONNERE Notary Publlc, State of Texas I): My Commission Expires - - - . i we? November14,2o1a My explres. Mum 17/, 20/8 Paq Andrew (ZOMW DOC-2752394 Case 7:19-cv-OO403 Document 5-5 Filed on 12/05/19 in TXSD Page 12 of 29 Edwards Abstract and Title Go, GF 907555 M11 LAWRENCE G. HARDWICKE, M.D., TRUSTEE OF THE LAWRENCE G. HARDWICKE M.D. REVOCABLE TRUST, THE HARDWICKE MARITAL TRUST, AND THE HARDWICKE FAMILY TRUST, AS CREATED UNDER THE TERMS OF THE HARDWICKE FAMILY REVOCABLE FAMILY TRUST STATE OF TEXAS COUNTY OF TAYLOR This instrument was acknowledged before me on the ?tdhay of September, 2016, by LAWRENCE G. HARDWICKE, M.D., AS TRUSTEE OF THE LAWRENCE G. HARDWICKE M.D. REVOCABLE TRUST, THE HARDWICKE MARITAL TRUST, AND THE HARDWICKE FAMILY TRUST, AS CREATED UNDER THE TERMS OF THE HARDWICKE FAMILY REVOCABLE FAMILY TRUST. . Notary Public, State of Texas??uf; Lia/0?4? My commission expires: a wild I 57 GERRI LINDER Notary ID 128145531 My Commission Expires January 12. 2018 \Markw\Hardwicke MattersWeuhaus Mission Sale and Lease?Sale of Pruperty?Closing Doe-275 2394 Case 7:19-cv-OO403 Document 5-5 Filed on 12/05/19 in TXSD Page 13 of 29 Edwards Abstract and Title Co., GF 907555 . . A: Iraneol? IRENE OLIVIERI FKA MARY IRENE HARDWICKE ?ow 19- Richard B. Hardwicke, attorney-in-fact STATE OF TEXAS COUNTY OF HIDALGO This instrument was acknowledged before me on ASE day of September, 2016, by Richard B. Hardwicke as attorney-in-fact on behalf of IRENE OLIVI. I FKA MARY IRENE HARDWICKE. Notary Public: State of Texas My commission expires: 8' 4i alol ?t HE/elvt Caf/7gl?l?ve HELEN CATHERINE HARDWICKE ROGUE GUERRERO Notary Public. State of Texas My Comm. Exp 08-04-2019 NOTARY 11884014) ?aw Richard B. Hardwicke, attorney-in-fact STATE OF TEXAS COUNTY OF HIDALGO This instrument was acknowledged before me on Mday of September, 2016, by Richard B. Hardwicke as attorney-in?fact on behalf of HELEN CAT RINE HARDWICKE. LA ?s arena Guenneao . - *7 Notary Public. State of Texas at 3 My Comm. Exp 08-04-2019 NOTARY IN: 1 1884014) Notary Pub/lie, State of Texas My commission expires: 14310 Doe-275 2394 Case 7:19-cv-OO403 Document 5-5 Filed on 12/05/19 in TXSD Page 14 of 29 Edwards Abstract and Title Co., GF 907555 J0 )5 JOHN B. HARDWICKE, VI, AKA BEN HARDWICKE WM Richard B. Hardwicke, attorney-in-fact STATE OF TEXAS COUNTY OF HIDALGO This instrument was acknowledged before me on 29% day of September, 2016, by Richard B. Hardwicke as attorney-in-fact on behalf of JOHN B. HA WICKE, VI, AKA BEN HARDWICKE. AA. A ROGUE Guzaneno a Notary Public. Stats ofTexaa '1 My Comm EXP 00-04-2019 Notary Pub?l?f, State of Texas My commission expires:8""1 ?.10 let . . NOTARY I011: 1133401 0 ., ?/eXdHI/?fd E/queTll ?uff/Wick ALEXANDRA ELIZABETH HARDWICKE [Richard B. Hardwicke, attorney-in-fact STATE OF TEXAS COUNTY 01: HIDALGO This instrument was acknowledged before me on Ed day of September, 2016, by Richard B. Hardwicke as attorney-in- -fact on behalf of ALEX DRA ELIZABETH HARDWICKE. ROGUE eusnaeno Notary Public. State of Texas My Comm Exp 08-04-2019 NOTARY 1041 1 168401-0 Notary Pub?cfState'of Texas . My expires: 8 ?14 ~41) I Cl 10 Doe-275 2394 Case 7:19-cv-00403 Document 5-5 Filed on 12/05/19 in TXSD Page 15 of 29 Edwards Abstract and Title Go, GF 907555 aging; 7%2 de?/W?S?Cke JAMES B. HARDWICKE Wax 245/41 Richard B. Hardwicke, attorney-in-fact STATE OF TEXAS COUNTY OF HIDALGO This instrument was acknowledged before me on Qg?day of September, 2016, by Richard B. Hardwieke as attorney-in-fact on behalf of JAMES B. HA WICKE. My Comm. Exp 08- 04-2019 NOTARY um: 1139401- -0 - vv Notary Puli?/gState of Texas My commission expires: (i ?qu?L SALLY ANN HARDWICKE BRACE MM ?at/M ROGUE GUERREHO Notary Public. State ofTexaa ALLALA [Richard B. Hardwicke, attorney-in-fact STATE OF TEXAS COUNTY OF HIDALGO This instrument was acknowledged before me on <18 day of September, 2016, by Richard B. Hardwicke as attorney-in?fact on behalf of SALLY ANN HARDWICKE BRACE. ALLAA ROGUE GUERRERO Notary Public. State otTexaa - My Comm. Exp 03-04-2019 OT 1 0" "384?? Notary Pubhg, Statk?of Texas My commission expires: 9110i 11 Doe-275 2394 Case 7:19-cv-OO403 Document 5-5 Filed on 12/05/19 in TXSD Page 16 of 29 Edwards Abstract and Title Go, GF 907555 Qt" was ,ww/z Richard Bruce Hardwicke STATE OF TEXAS COUNTY OF HIDALGO This instrument was acknowledged before me ongg? day of September, 2016, by RICHARD BRUCE HARDWICKE. ROGUE GUEHRERO ?(my Puwc' State ?Tax? Notary Pubch: State of Texas My Comm. Exp 08-04-2019 NOTARY My commission expires: 3' "t 9cm ct STATE OF TEXAS COUNTY OF HIDALGO This instrument was acknowledged before me on 2563-5 day of September, 2016, by ANNA MARGARET HARDWICKE. - '1 Notary Pub?c. State of Texas My Comm. Exp tie-04.2019 Notary I?l??ic, Texas NOT - 534?. 1, 51:?th 10 My commission expires. <3 L1 (101% 12 9002752394 Case 7:19-cv-OO403 Document 5-5 Filed on 12/05/19 in TXSD Page 17 of 29 Edwards Abstract and Title Go, GF 907555 Mar Hf/en bfl'k MA HELEN KORBELIK ?aw ?at/w Richard B. Hardwicke, attorney-in?fact STATE OF TEXAS COUNTY OF HIDALGO This instrument was acknowledged before me on day of September, 2016, by Richard B. Hardwicke as attorney-in-fact on behalf of MARY HELEN KORBELIK. ROGUE GUERREHO 5' Notary Public. State of Texan My Comm. Exp 08-04-2019 Notary ?ublic, State of Texas My commission expires: 8 'o'kO Ct ?ckerf?. kerlp?? l?k ROBERT B. KORBELIK WM 74,412, Richard B. Hardwicke, attorney?in-fact Au?l A STATE or TEXAS COUNTY or HIDALGO . . This instrument was acknowledged before me onlgb day of September, 2016, by Richard B. Hardwicke as attorney-in-fact on behalf of ROBERT KORBELIK. My Comm. Exp 08-04-2019 .. NOTARY Notary Public, State .of Texas WW My commissmn exp1res: 6? nooue Guenaeno Notary Public. State of Texas l3 Doe-275 2394 Case 7:19-cv-OO403 Document 5-5 Filed on 12/05/19 in TXSD Page 18 of 29 Edwards Abstract and Title Co., GF 907555 JILL KORBELIK MM 745/42 Richard B. Hardwicke, attorney-in-fact STATE OF TEXAS COUNTY OF HIDALGO This instrument was acknowledged before me on 29% day of September, 2016, by Richard B. Hardwicke as attorney-in-fact on behalf of JILL KORBELIK. ROGUE GUERREHO . NOTARY 1011: 11634014) 4/ YVT Notary Pu?llc? State OfTean Notary Public. State of Texan .- My commission expires: ?016 {q Do 1/904 1,75%? My Comm. Exp 08-04-2019 DAVID JOHN KORBELIK Mix/Z #212 Richard B. Hardwicke, attorney-in-fact A STATE OF TEXAS COUNTY OF HIDALGO This instrument was acknowledged before me ong?i?b day of September, 2016, by Richard B. Hardwicke as attorney-in-fact on behalf of DAVID JOHN KORBELIK. ROGUE GUERHERO Notary Public. State of Texas .3. My Comm. Exp 08-04-2019 . . ,1 NOTARY 1011:1188401-0 Notary Public, State of Texas My commission expires: 13.01 14 Doe-275 2394 Case 7:19-cv-00403 Document 5-5 Filed on 12/05/19 in TXSD Page 19 of 29 Edwards Abstract and Title Co., GF 907555 EXHIBIT A (Property Description) A 807.73 gross acre tract of land out of the WEST ADDITION TO SHARYLAND SUBDIVISION, Lots 9?1, 9-2, and Parts of Lots 9-3, 9-4 and Parts of Lots 10-1, 10-2, and 10-3 and Part of Porcion 53 and 54, Hidalgo County, Texas, as per map or plat thereof recorded in Volume 1, Page 56, Map Records, Hidalgo County, Texas, and Tortuga Banco No. 65, and Accretion Area Hidalgo County, Texas, said tract more particularly described by mates and bounds as follows: POINT OF COMMENCEMENT at the Northeast corner of Lot 10-2 also being located on the centerline of Los Ebanos Road, Thence, along and with the centerline of Los Ebanos Road South 08 degrees 39 minutes 00 seconds West, a distance of 934.87 feet to a set 1/2 inch iron rebar being located on the intersection of the South right-of?way line of US. 281 (Military Highway) and centerline of Los Ebanos Road and the POINT OF BEGINNING for this description; THENCE, South 75 degrees 58 minutes 13 seconds East, a distance of 689.40 feet along the South right-of-way line of US. 281 (Military Highway) to a set 1/2 inch iron rebar for a corner of this tract of land; THENCE, South 45 degrees 26 minutes 00 seconds East, a distance of 269.90 feet along a South river levee easement from United Irrigation Company (UIC) to a set 1/2 inch iron rebar for a corner of this tract of land; THENCE, South 46 degrees 56 minutes 00 seconds East, a distance of 286.91 feet, continuing along said South river levee easement from United Irrigation Company (UIC) to a set 1/2 inch iron rebar on the South lot line of said Lot 10-3 for a corner of this tract of land; THENCE, North 81 degrees 21 minutes 03 seconds West, a distance of 83.52 feet along said South line of Lot 10-3 to a set 1/2 inch iron rebar for a corner of this tract of land; THENCE, South 04 degrees 27 minutes 00 seconds East, a distance of 215.37 feet to a set 1/2 inch iron rebar for a corner of this tract of land; THENCE, South 39 degrees 32 minutes 00 seconds East, a distance of 100.00 feet to a set 1/2 inch iron rebar for a corner of this tract of land; THENCE, South 28 degrees 27 minutes 00 seconds East, a distance of 230.00 feet to a set 1/2 inch iron rebar for a corner of this tract of land; THENCE, South 41 degrees 04 minutes 00 seconds East, a distance of 321.00 feet to a set 1/2 inch iron rebarfor a corner of this tract of land; Exhibit A, Page 1 Doe-275 2394 Case 7:19-cv-OO403 Document 5-5 Filed on 12/05/19 in TXSD Page 20 of 29 Edwards Abstract and Title Go, GF 907555 THENCE, South 46 degrees 38 minutes 00 seconds East, a distance of 790.36 feet to a set 1/2 inch iron rebar estimated to a located at the Southwest corner of a 0.55 acre tract from United Irrigation Company (UIC) to the JW HOIT ESTATE, Deed No. 230 and a corner of this tract of land; THENCE, North 44 degrees 16 minutes 00 seconds East, a distance of 51.80 feet to a set 1/2 inch iron rebar estimated to be located at the Northwest corner of said 0.55 acre tract and a corner of this tract of land; THENCE, South 46 degrees 08 minutes 00 seconds East, a distance of 1016.79 feet to a point on an old fence line (Deed call 874.20 feet) to a corner that is to be located from a set 1/2 inch iron rebar having an offset of North 89 degrees 37 minutes 41 seconds East, a distance of 26.17 feet said corner being also 112.0 feet West of said Porcion 54 East line and said corner being also the Northeast corner of this tract of land; THENCE, South 09 degrees 35 minutes 02 seconds West, along said old fence line, a distance of 233.94 feet (Deed call: 326.50 feet) 112.0 feet West of and parallel to the East line of said Porcion 54 to a set 1/2 inch iron rebar for a corner of this tract of land; THENCE, South 58 degrees 41 minutes 00 seconds West, a distance of 136.36 feet (Deed call: 160.0 feet) to a set 1/2 inch iron rebar for a corner of this tract of land; THENCE, North 81 degrees 19 minutes 00 seconds West, a distance of 172.00 feet to a set 1/2 inch iron rebar for a corner of this tract of land; THENCE, South 38 degrees 41 minutes 00 seconds West, a distance of 540.00 feet to a set 1/2 inch iron rebar for a corner of this tract of land; THENCE, South 08 degrees 41 minutes 00 seconds West, a distance of 365.00 feet to a location where the North bank of the Rio Grande River formerly intersected (Deed call), THENCE, continuing for a total distance of 934.46 feet to the Southeast corner of this tract of land that is to be located from a set 1/2 inch iron rebar having an offset of North 74 degrees 26 minutes 00 seconds East, a distance of 4.18 feet of this tract of land; THENCE, North 46 degrees 53 minutes 52 seconds West, a distance of 13.42 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, North 77 degrees 37 minutes 42 seconds West, a distance of 58.54 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, South 70 degrees 07 minutes 34 seconds West, a distance of 106.16 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; Exhibit A, Page 2 Doe-275 2394 Case 7:19-cv-00403 Document 5-5 Filed on 12/05/19 in TXSD Page 21 of 29 Edwards Abstract and Title Go, GF 907555 THENCE, North 76 degrees 05 minutes 25 seconds West, a distance of 163.01 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, South 85 degrees 21 minutes 38 seconds West, a distance of 284.83 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, South 21 degrees 19 minutes 14 seconds West, a distance of 71.94 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, South 72 degrees 29 minutes 45 seconds West, a distance of 486.90 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, South 46 degrees 51 minutes 21 seconds West, a distance of 603.59 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, South 32 degrees 23 minutes 15 seconds West, a distance of 527.80 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, South 21 degrees 41 minutes 33 seconds West, a distance of 712.51 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, South 15 degrees 14 minutes 40 seconds West, a distance of 592.75 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, South 04 degrees 24 minutes 13 seconds West, a distance of 979.97 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, South 03 degrees 31 minutes 36 seconds East, a distance of 1033.02 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, South 07 degrees 30 minutes 50 seconds East, a distance of 400.30 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, South 00 degrees 57 minutes 08 seconds West, a distance of 215.37 feet Exhibit A, Page 3 Doe-275 2394 Case 7:19-cv-00403 Document 5-5 Filed on 12/05/19 in TXSD Page 22 of 29 Edwards Abstract and Title Go, GF 907555 following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, South 13 degrees 39 minutes 36 seconds West, a distance of 213.72 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, South 31 degrees 20 minutes 43 seconds West, a distance of 461.45 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, South 48 degrees 54 minutes 17 seconds West, a distance of 202.22 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, South 62 degrees 22 minutes 03 seconds West, a distance of 251.70 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, South 71 degrees 05 minutes 52 seconds West, a distance of 165.81 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, North 89 degrees 13 minutes 02 seconds West, a distance of 212.60 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, North 56 degrees 10 minutes 58 seconds West, a distance of 361.45 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, North 48 degrees 24 minutes 16 seconds West, a distance of 139.77 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, North 20 degrees 50 minutes 03 seconds West, a distance of 63.21 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, North 44 degrees 58 minutes 40 seconds West, a distance of 138.13 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, North 32 degrees 02 minutes 30 seconds West, a distance of 1724.56 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; Exhibit A, Page 4 Doe-275 2394 Case 7:19-cv-00403 Document 5-5 Filed on 12/05/19 in TXSD Page 23 of 29 Edwards Abstract and Title GF 907555 THENCE, North 39 degrees 30 minutes 11 seconds West, a distance of 181.09 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, North 30 degrees 27 minutes 07 seconds West, a distance of 216.25 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, North 22 degrees 01 minutes 53 seconds West, a distance of 364.86 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, North 06 degrees 53 minutes 44 seconds West, a distance of 577.12 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, North 03 degrees 38 minutes 02 seconds West, a distance of 290.64 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, North 02 degrees 39 minutes 35 seconds East, a distance of 271.29 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, North 07 degrees 44 minutes 07 seconds East, a distance of 516.61 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, North 12 degrees 35 minutes 36 seconds East, a distance of 1145.68 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, North 06 degrees 53 minutes 26 seconds East, a distance of 270.18 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, North 00 degrees 34 minutes 11 seconds East, a distance of 554.65 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, North 13 degrees 51 minutes 42 seconds West, a distance of 439.41 feet following the Meanders of the Rio Grande along its North bank to a point for this tract of land; THENCE, North 19 degrees 17 minutes 48 seconds West, a distance of 647.39 feet to Exhibit A, Page 5 Doe-275 2394 Case 7:19-cv-00403 Document 5-5 Filed on 12/05/19 in TXSD Page 24 of 29 Edwards Abstract and Title Go, GF 907555 the Southwest corner of this tract of land that is to be located from a set 1/2 inch iron rebar having an offset of North 00 degrees 00 minutes 23 seconds East, a distance of 50.00 feet also being the approximate location where the North bank of the Rio Grande River and East line of said Porcion 52 intersect for this tract of land; THENCE, North 08 degrees 42 minutes 45 seconds East, along the centerline of Brush a distance of 1469.82 feet to a set 1/2 inch iron rebar for the Southwest corner total distance of 3300.00 feet along the East line of said Porcion 52 and being the East line of the Old Fernandez strip now recorded under Volume 934, Page 554- 556, Hidalgo County Map Records to a set 1/2 inch iron rebar being the intersection of the South right-of?way line of said US. 281 (Military Highway) with said Porcion 52 East line and being also the Northwest corner for this tract of land; THENCE, South 80 degrees 36 minutes 41 seconds East, a distance of 1103.15 feet along the South right-of?way line of said US. 281 (Military Highway) to a set 1/2 inch iron rebar for a corner of this tract of land; THENCE, continuing along the South right-of?way line of US. 281 (Military Highway), South 79 degrees 42 minutes 06 seconds East, a distance of 276.81 feet to a set 1/2 inch iron rebar for a corner of this tract of land; THENCE, continuing along the South right-of-way line of said US. 281 (Military Highway), South 08 degrees 39 minutes 54 seconds West, a distance of 5.00 feet to a set 1/2 inch iron rebar for a corner of this tract of land; THENCE, continuing along the South right-of?way line of US 281 (Military Highway), South 79 degrees 42 minutes 06 seconds East, a distance of 73.89 feet to a set 1/2 inch iron rebar for a corner of this tract of land; THENCE, continuing along the South right?of?way line of US. 281 (Military Highway), South 78 degrees 28 minutes 44 seconds East, a distance of 343.36 feet to a set 1/2 inch iron rebar for a corner of this tract of land; THENCE, continuing along the South right-of?way line of US. 281 (Military Highway), South 76 degrees 24 minutes 56 seconds East, a distance of 836.16 feet to a set 1/2 inch iron rebar for a corner of this tract of land; THENCE, continuing along the South right?of?way line of US. 281 (Military Highway), South 75 degrees 58 minutes 09 seconds East, a distance of 70.36 feet to the POINT OF BEGINNING of this description, and containing within these metes and bounds 807.73 gross acres of land, more or less. Exhibit A, Page 6 Doe-275 2394 Case 7:19-cv-OO403 Document 5-5 Filed on 12/05/19 in TXSD Page 25 of 29 Edwards Abstract and Title Co., GF 907555 bd. be. bf. bg. bh. EXHIBIT (Exceptions to Conveyance and Warranty) Mineral and/or royalty grant and/or reservation in instrument(s) dated August 1, 1961, recorded in Volume 1014, Page 446, Deed Records; dated June 27, 1963, recorded in Volume 1065, Page 537, Deed Records; and, dated December 30, 1963, recorded in Volume 1078, Page 590, Deed Records, Hidalgo County, Texas. Mineral and/or royalty grant and/or reservation in instrument(s) dated April 30, 1946, recorded in Volume 632, Page 329, Deed Records; dated November 15, 1949, recorded in Volume 104, Page 538, Oil and Gas Records; dated May 15, 1958, recorded in Volume 928, Page 394, Deed Records; dated November 24, 1962, recorded in Volume 1049, Page 145, Deed Records; dated December 30, 1963, recorded in Volume 1078, Page 590, Deed Records; dated May 11, 1964, recorded in Volume 1088, Page 352, Deed Records; dated November 20, 1972, recorded in Volume 342, Page 970, Oil and Gas Records; and, dated December 19, 1972, recorded in Volume 343, Page 62, Oil and Gas Records, Hidalgo County, Texas Oil, Gas and Mineral Lease(s) dated October 1, 1970, recorded in Volume 328, Page 767, Oil and Gas Records; dated October 1, 1970, recorded in Volume 328, Page 793, Oil and Gas Records; dated November 1, 1970, recorded in Volume 328, Page 805, Oil and Gas Records; and, dated April 20, 1983, recorded in Volume 428, Page 357, Oil and Gas Records, Hidalgo County, Texas. Oil, Gas and Mineral Lease(s) dated March 30, 1983, recorded in Volume 1851, Page 336, Official Records; dated June 24, 1983, recorded in Volume 1858, Page 235, Official Records; dated September 28, 1983, recorded in Volume 1897, Page 20, Official Records; dated September 5, 1983, recorded in Volume 1910, Page 813, Official Records; dated October 27, 1983, recorded in Volume 1910, Page 827, Official Records; dated September 5, 1983, recorded in Volume 1913, Page 393, Official Records; dated September 5, 1983, recorded in Volume 1919, Page 397, Official Records; dated September 5, 1983, recorded in Volume 1925, Page 571, Official Records; dated September 5, 1983, recorded in Volume 1929, Page 601, Official Records; dated February 22, 1984, recorded in Volume 1967, Page 190, Official Records; dated February 22, 1984, recorded in Volume 1984, Page 678, Official Records; and, dated September 5, 1983, recorded in Volume 2010, Page 760, Official Records, HidalgoCounty, Texas. Oil, Gas and Mineral Lease(s) dated October 1, 1976, recorded in Volume 328, Page 759, Oil and Gas Records; dated October 1, 1970, recorded in Volume 328, Page 783, Oil and Gas Records; dated October 1, 1970, recorded in Volume 328, Page 799, Oil and Gas Records; and, dated December 1, 1983, Exhibit B, Page 1 Doe-275 2394 Case 7:19-cv-00403 Document 5-5 Filed on 12/05/19 in TXSD Page 26 of 29 Edwards Abstract and Title Co., GF 907555 bi. bk. bl. bm. bn. b0. bp. bq. recorded in Volume 1994, Page 465, Official Records, Hidalgo County, Texas. Oil, Gas and Mineral Lease(s) dated December 1, 1983, recorded in Volume 1930, Page 888, Official Records, and amended in instrument dated October 11, 1984, recorded in Volume 2150, Page 155, Official Records, Hidalgo County, Texas. Memorandum of Oil and Gas Lease(s) dated September 1, 2005, recorded under Clerk?s File No. 1542899, Official Records; dated November 1, 2005, recorded under Clerk?s File No. 1587724, Official Records; and, dated August 2, 2006, recorded under Clerk?s File No. 1689606, Official Records, Hidalgo County, Texas. Memorandum and Amendment of Letter Agreement dated June 25, 2002, recorded under Clerk?s File No. 1305006, Official Records, and dated June 25, 2002, recorded under Clerk?s File No. 1482349, Official Records, Hidalgo County, Texas. Memorandum of Geophysical Permit and Lease Option Agreement(s) dated June 25, 2002, recorded under Clerk?s File No. 1305006, Official Records; dated March 1, 2004, recorded under Clerk?s File No. 1339990, Official Records; dated July 12, 2004, recorded under Clerk?s File No. 1382393 and extended under Clerk's File No. 1581248, Official Records; dated July 9, 2004, recorded under Clerk?s File No. 1399600 and extended under Clerk's File No. 1650880, Official Records; dated May 1, 2004, recorded under Clerk?s File No. 1434658, Official Records; dated February 3, 2005, recorded under Clerk?s File No. 1458866, Official Records; and, dated December 25, 2005, recorded under Clerk?s File No. 1601274, Official Records, Hidalgo County, Texas. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges and immunities relating thereto, appearing in the Public Records whether listed herein or not. There may be leases, grants, exceptions or reservations of mineral interest that are not listed herein. Conveyance of Water Rights dated July 21, 1973, recorded in Volume 1373, Page 723, Deed Records, Hidalgo County, Texas. Water Right Agreement and Conveyance dated February 5, 1973, recorded in Volume 1352, Page 323, Deed Records, Hidalgo County, Texas. Reservation of water rights and/or other rights if any, as set forth in Amendment of Certificate of Adjudication dated August 31, 1973, recorded in Volume 1, Page 779, Water Rights Records, Hidalgo County, Texas. Easement and/or other rights, if any, as set forth in untitled instrument dated February 21, 1908, recorded in Volume Page 116, Deed Records, Hidalgo County, Texas. Exhibit B, Page 2 Doe-275 2394 Case 7:19-cv-OO403 Document 5-5 Filed on 12/05/19 in TXSD Page 27 of 29 Edwards Abstract and Title Co., GF 907555 br. bs. bt. bu. bv. bw. bx. by. bz. ca. cb. Easement and/or other rights, if any, as set forth in untitled instrument dated January 20, 1909, recorded in Volume Page 126, Deed Records, Hidalgo County, Texas. Easement and/or other rights, if any, as set forth in Warranty Deed dated May 11, 1921, recorded in Volume 177, Page 89, Deed Records, Hidalgo County, Texas. Easement and/or other rights, if any, as set forth in Warranty Deed dated December 24, 1926, recorded in Volume 243, Page 29, Deed Records, Hidalgo County, Texas. Right of Way Agreement dated August 22, 1950, recorded in Volume 698, Page 567, Deed Records, Hidalgo County, Texas. Easement and/or other rights, if any, as set forth in untitled instrument dated May 13, 1955, recorded in Volume 830, Page 473, Deed Records, and in instrument dated July 9, 1955, recorded in Volume 835, Page 22, Deed Records, Hidalgo County, Texas. Easement and/or other rights, if any, as set forth in untitled instrument(s) dated June 6, 1955, recorded in Volume 834, Page 192, Deed Records and dated July 30, 1956, recorded in Volume 867, Page 94, Deed Records, and Quit Claim dated June 23, 1975, recorded in Volume 1449, Page 962, Deed Records, Hidalgo County, Texas. Easement and/or other rights, if any, as set forth in untitled instrument(s) dated December 15, 1955, recorded in Volume 850, Page 49, Deed Records; and Quit Claim dated June 23, 1975, recorded in Volume 1449, Page 962, Deed Records, Hidalgo County, Texas. Easement and/or other rights, if any, as set forth in untitled instrument(s) dated January 23, 1956, recorded in Volume 852, Page 293, Deed Records, dated April 16, 1956, recorded in Volume 860, Page 158, Deed Records, and dated March 12, 1956, recorded in Volume 867, Page 92, Deed Records, Hidalgo County, Texas. Easement and/or other rights, if any, as set forth in untitled instrument(s) dated April 16, 1956, recorded in Volume 860, Page 155, Deed Records; and Quit Claim dated June 23, 1975, recorded in Volume 1449, Page 962, Deed Records, Hidalgo County, Texas. Easement and/or other rights, if any, as set forth in untitled instrument dated December 26, 1956, recorded in Volume 879, Page 382, Deed Records, Hidalgo County, Texas. Easement and/or other rights, if any, as set forth in untitled instrument dated January 8, 1957, recorded in Volume 882, Page 411, Deed Records, Hidalgo Exhibit B, Page 3 Doe-275 2394 Case 7:19-cv-00403 Document 5-5 Filed on 12/05/19 in TXSD Page 28 of 29 Edwards Abstract and Title Go, GF 907555 CC. cd. C8. cf. cg. ch. ci. cj. ck. cl. cm. County, Texas. Easement and/or other rights, if any, as set forth in untitled instrument dated February 25, 1957, recorded in Volume 882, Page 407, Deed Records, Hidalgo County, Texas. Easement and/or other rights, if any, as set forth in untitled instrument dated May 9, 1957, recorded in Volume 889, Page 386, Deed Records, Hidalgo County, Texas. Easement and/or other rights, if any, as set forth in untitled instrument dated June 24, 1957, recorded in Volume 892, Page 27, Deed Records, Hidalgo County, Texas. Easement and/or other rights, if any, as set forth in untitled instrument dated December 17, 1957, recorded in Volume 906, Page 358, Deed Records, Hidalgo County, Texas. Easement and/or other rights, if any, as set forth in untitled instrument(s) dated July 5, 1958, recorded in Volume 920, Page 113, Deed Records, and dated July 23, 1958, recorded in Volume 921, Page 1, Deed Records, Hidalgo County, Texas. Easement and/or other rights, if any, as set forth in untitled instrument(s) dated December 22, 1958, recorded in Volume 974, Page 268, Deed Records, and dated March 31, 1960, recorded in Volume 975, Page 320, Deed Records, Hidalgo County, Texas. Easement and/or other rights, if any, as set forth in untitled instrument(s) dated February 27, 1960, recorded in Volume 981, Page 505, Deed Records; dated May 24, 1960, recorded in Volume 981, Page 507, Deed Records; and, dated June 27, 1960, recorded in Volume 982, Page 84, Deed Records, Hidalgo County, Texas. Easement and/or other rights, if any, as set forth in untitled instrument dated May 3, 1961, recorded in Volume 1006, Page 56, Deed Records, Hidalgo County, Texas. Easement and/or other rights, if any, as set forth in untitled instrument dated May 3, 1961, recorded in Volume 1006, Page 57, Deed Records, Hidalgo County, Texas. Easement and/or other rights, if any, as set forth in untitled instrument dated May 31, 1961, recorded in Volume 1008, Page 299, Deed Records, Hidalgo County, Texas. Right of Way Easement dated October -, 1968, recorded in Volume 1243, Page 751, Deed Records, Hidalgo County, Texas. Exhibit B, Page 4 Doc-2752394 Case 7:19-cv-00403 Document 5-5 Filed on 12/05/19 in TXSD Page 29 of 29 Edwards Abstract and Title Go, GF 907555 On. CO. cp. cq. Cf. CS. ct. CU. CV. CW. CX. Right of Way Easement dated October -, 1968, recorded in Volume 1243, Page 754, Deed Records, Hidalgo County, Texas. Easement Deeds (Levee) dated June 20, 1974, recorded in Volume 1412, Page 90, Deed Records; dated October 17, 1974, recorded in Volume 1423, Page 191, Deed Records; dated October 17, 1974, recorded in Volume 1423, Page 196, Deed Records; dated October 17, 1974, recorded in Volume 1423, Page 200, Deed Records; and, dated October 29, 1974, recorded in Volume 1424, Page 787, Deed Records, Hidalgo County, Texas. Not applicable. Not applicable. Easements for roadways, old canal right of way, floodway area, levee and channel area, levee and spoils area, river levee, irrigation and vent valves, irrigation gate, drain ditch, power poles, and power poles with guy wires all as shown on survey plat dated September 8, 2016, prepared by Joe B. Winston, R.P.L.S. No. 3780, Job. No. 8-5283. Not applicable. Rights of the United States of America (if any) to construct and maintain a fence or wall on the subject property. Not applicable. Not applicable. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges and immunities relating thereto, appearing in the Public Records whether listed herein or not. There may be leases, grants, exceptions or reservations of mineral interest that are not listed herein. Easements and reservations as may appear upon the recorded map and dedication of said the maps of West Addition to Sharyland, recorded in Volume 1, Page 56, Map Records and Capisallo District Subdivision, recorded in Volume Pages 226-227 Deed Records, Hidalgo County, Texas. Exhibit B, Page 5