HomeMy WebLinkAboutContract 48597 CITY SECRETARY
CONTRACT NO.
STATE OF OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT §
CITY OF FORT WORTH
WATER FACILITY EXCLUSIVE LICENSE AGREEMENT
This License Agreement ("Agreement") is made by and between American Airlines, Inc.
("Licensor") and the City of Fort Worth ("Licensee"), each individually referred to as a
"Party" and together referred to as the "Parties."
WHEREAS, Licensor entered into a lease agreement (the "Lease") with Dallas/Fort
Worth International Airport Board (the "Airport Board"), the owner of the Licensed
Property (hereinafter defined), and Licensor must relocate Licensee's waterline in order
to construct improvements;
WHEREAS, the easement for Licensee's existing waterline was dedicated by plat, and
the new easement for the relocated waterline (the "New Easement") will be created by a
separate easement instrument executed by the Airport Board;
WHEREAS, the conveyance of the New Easement must be approved by the Airport
Board and both the Cities of Dallas and Fort Worth, which is very time consuming;
WHEREAS, the Parties have agreed to enter into this Agreement to allow Licensor to
begin construction of its improvements and anticipate the Airport Board's conveyance of
the New Easement at a later time; and
WHEREAS, Licensor asserts that it has authority under the Lease to grant this license
over the Licensed Property pursuant to this Agreement;
NOW THEREFORE, the Parties agree to the following terms and conditions to form the
basis of this Agreement:
1. CONSIDERATION: Ten Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged.
Licensee shall not be obligated to pay any additional consideration for the
duration of this Agreement or for the New Easement ("Consideration").
2. LICENSED PROPERTY: Being 1.137 acres (49,532 square feet) of land
situated in the William G. Matthews Survey, Abstract Number 1052 and the V. J.
Hutton Survey, Abstract Number 681, Tarrant County, Texas, in the City of Fort
Worth, being a portion of the tract of land described in the deed to Dallas-Fort
Worth Regional Airport Board recorded in Volume 6710, Page 520, Deed
Records of Tarrant County, Texas and being a portion of the tract of land
AM escribed as the North Tract in the deed to Dallas-Fort Worth Regional Airport
rd recorded in Volume 6653, Page 856, Deed Records of Tarrant County,
s, also being a portion of Lot 1 , Block 3 and a portion of Lot 1, Block 2
Fes"�2p�� -
to JaN OFFICIAL RECORD
G�(t � CITY SECRETARY
FT. WORTH,TX
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American Airlines Addition according to the plat recorded in Volume 388-133,
Page 60, Plat Records of Tarrant County, Texas, said 1.137 acres more fully
described by metes and bounds in Exhibit "A" attached hereto and incorporated
herein for all pertinent purposes ("Licensed Property").
3. GRANT OF LICENSE: Licensor, for the Consideration paid to Licensor and other
good and valuable consideration, hereby grants, sells, and conveys to Licensee,
its successors and assigns, an exclusive license (the "License") for the
construction, operation, maintenance, replacement, upgrade, and repair of a
permanent water main facility ("Facility") within the Licensed Property. The
Facility includes all incidental underground and above ground attachments,
equipment and appurtenances, including, but not limited to manholes, manhole
vents, lateral line connections, valves, pipelines, water meters, junction boxes in,
upon, under and across the Licensed Property, together with the right and
privilege at any and all times to enter the Licensed Property, or any part thereof,
for the purpose of constructing, operating, maintaining, replacing, upgrading, and
repairing said Facility.
4. RESTRICTIONS ON LICENSOR'S USE: In no event shall Licensor (1) use the
Licensed Property in any manner which interferes in any material way or is
inconsistent with the rights granted hereunder, (II) place additional soils, fill or
cover over or across the Licensed Property which interferes in any material way
with Licensee's access to the Facility or otherwise endangers the Facility as
designed, or (III) erect or permit to be erected within the Licensed Property a
permanent structure or building, including, but not limited to, monument sign,
pole sign, billboard, brick or masonry fences or walls or other structures that
require a building permit. However, Licensor shall be permitted to install and
maintain concrete, asphalt or gravel driveways, roads, parking lots and/or
sidewalks across the Licensed Property, as well as an open-air canopy covering
any sidewalks; provided, however, any piers and anchoring posts for any such
open-air canopy shall not be located within the Licensed Property, all design
specifications for that portion of the open-air canopy that will be located within the
Licensed Property (the "Encroaching Canopy Improvements") shall be approved
by Licensee and shall include a casing pipe over the Facility where the
Encroaching Canopy Improvements are located, and once approved by
Licensee, the Encroaching Canopy Improvements and the casing pipe shall be
built in accordance with the plans and specifications approved by Licensee.
Licensor agrees that any landscape within the Licensed Property will only have
simple grass and will avoid swales and trees. Licensee shall be obligated to
restore the surface of the Licensed Property at Licensee's sole cost and
expense, including the restoration of any sidewalks, driveways, or similar surface
improvements located upon or adjacent to the Licensed Property which may
have been removed, relocated, altered, damaged, or destroyed as a result of the
Licensee's use of the Licensed Property granted hereunder; provided, however,
that Licensee shall not be obligated to restore or replace irrigation systems or
other improvements installed in violation of the provisions and intended use of
the Licensed Property. Licensee shall also not be obligated to restore or replace
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Permanent Water Facility License Agreement (CFW&American Airlines, Inc.)
any part of the Encroaching Canopy Improvements. Any costs associated with
the Encroaching Canopy Improvements will be at the Licensor's sole cost and
expense.
5. WARRANTY: TO HAVE AND TO HOLD the License, subject however, to the
Lease, together with all and singular the rights and appurtenances thereto in
anyway belonging unto Licensee, and Licensee's successors and assigns for the
duration of this Agreement; and Licensor does hereby bind itself and its
successors and assigns to warrant and forever defend all and singular the
License unto Licensee, its successors and assigns, against every person
whomsoever lawfully claiming or to claim the same, or any part thereof.
6. TERM: This Agreement shall be effective January 9, 2017, and shall remain in
full force and effect until the sooner of 1) when the New Easement is approved
and is executed and delivered by the Airport Board; or 2) one (1) day prior to the
expiration of the Lease.
7. FUTURE DEDICATION: Licensor agrees that it will coordinate with the Airport
Board as may be reasonably necessary to facilitate the approval, execution and
delivery of the New Easement. Licensor will also coordinate with Licensee to
execute an encroachment agreement for the Encroaching Canopy Improvements
to remain over the New Easement with the same maintenance obligations
contained within this Agreement.
8. INDEMNIFICATION:
a. LICENSOR SHALL AND DOES AGREE TO INDEMNIFY, PROTECT,
DEFEND AND HOLD HARMLESS LICENSEE, ITS OFFICERS,
AGENTS, SERVANTS, AND EMPLOYEES (COLLECTIVELY,
"INDEMNITEES") FOR, FROM AND AGAINST ANY AND ALL CLAIMS,
LIABILITIES, DAMAGES, LOSSES. LIENS, CAUSES OF ACTION,
SUITS, JUDGMENTS AND EXPENSES, (INCLUDING COURT COSTS,
ATTORNEYS' FEES AND COSTS OF INVESTIGATION), OF ANY
NATURE, KIND OR DESCRIPTION ARISING OR ALLEGED TO ARISE
BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR
DAMAGE TO OR LOSS OF PROPERTY (1) RELATING TO THE USE
OR OCCUPANCY OF THE LICENSED PROPERTY BY LICENSOR, ITS
EMPLOYEES, PATRONS, AGENTS, INVITEES, LESSEES AND ANY
OTHER PARTY OR (2) BY REASON OF ANY OTHER CLAIM
WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED OR
ALLEGED TO BE OCCASIONED IN WHOLE OR IN PART BY ANY ACT
OR OMISSION ON THE PART OF LICENSOR OR ANY INVITEE,
PATRON, LESSEE, EMPLOYEE, DIRECTOR, OFFICER, SERVANT, OR
CONTRACTOR OF LICENSOR, OR ANYONE LICENSOR CONTROLS
OR EXERCISES CONTROL OVER OR (3) BY ANY BREACH,
VIOLATION OR NONPERFORMANCE OF ANY COVENANT OF
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Permanent Water Facility License Agreement (CFW&American Airlines, Inc.)
LICENSOR UNDER THIS AGREEMENT (COLLECTIVELY,
"LIABILITIES"), EVEN IF SUCH LIABILITIES ARISE FROM OR ARE
ATTRIBUTED TO THE CONCURRENT OR PARTIAL NEGLIGENCE OF
ANY INDEMNITEE. THE ONLY LIABILITIES WITH RESPECT TO
WHICH LICENSOR'S OBLIGATION TO INDEMNIFY THE
INDEMNITEES DOES NOT APPLY IS WITH RESPECT TO LIABILITIES
ARISING OUT OF OR RESULTING FROM THE NEGLIGENCE OR
WILLFUL MISCONDUCT OF ANY INDEMNITEE. IF ANY ACTION OR
PROCEEDING SHALL BE BROUGHT BY OR AGAINST ANY
INDEMNITEE IN CONNECTION WITH ANY SUCH LIABILITY OR
CLAIM, LICENSOR, ON NOTICE FROM LICENSEE, SHALL DEFEND
SUCH ACTION OR PROCEEDING, AT LICENSOR'S EXPENSE, BY OR
THROUGH ATTORNEYS REASONABLY SATISFACTORY TO
LICENSEE. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY
TO ALL ACTIVITIES OF LICENSOR WITH RESPECT TO THE USE
AND OCCUPANCY OF THE LICENSED PROPERTY, WHETHER
OCCURRING BEFORE OR AFTER THE COMMENCEMENT DATE OF
THIS AGREEMENT AND BEFORE OR AFTER THE TERMINATION OF
THIS AGREEMENT. THIS INDEMNIFICATION SHALL NOT BE
LIMITED TO DAMAGES, COMPENSATION OR BENEFITS PAYABLE
UNDER INSURANCE POLICIES, WORKERS' COMPENSATION ACTS,
DISABILITY BENEFIT ACTS OR OTHER EMPLOYEES' BENEFIT
ACTS.
b. IT IS AGREED WITH RESPECT TO ANY LEGAL LIMITATIONS NOW
OR HEREAFTER IN EFFECT AND AFFECTING THE VALIDITY OR
ENFORCEABILITY OF THE INDEMNIFICATION OBLIGATION UNDER
THIS PARAGRAPH 8, SUCH LEGAL LIMITATIONS ARE MADE A
PART OF THE INDEMNIFICATION OBLIGATION AND SHALL
OPERATE TO AMEND THE INDEMNIFICATION OBLIGATION TO THE
MINIMUM EXTENT NECESSARY TO BRING THE PROVISION INTO
CONFORMITY WITH THE REQUIREMENTS OF SUCH LIMITATIONS,
AND AS SO MODIFIED, THE INDEMNIFICATION OBLIGATION SHALL
CONTINUE IN FULL FORCE AND EFFECT.
9. WAIVER OF LIABILITY: NO INDEMNITEE SHALL BE LIABLE IN ANY
MANNER TO LICENSOR, ITS AGENTS, EMPLOYEES, PATRONS,
CONTRACTORS, OR ANY OTHER PARTY IN CONNECTION WITH THE USE
OF THE LICENSED PROPERTY BY ANY OF THEM, FOR ANY INJURY TO
OR DEATH OF PERSONS EXCEPT TO THE EXTENT THE SAME ARE
ATTRIBUTABLE TO THE WILLFUL MISCONDUCT OR NEGLIGENCE OF AN
INDEMNITEE. IN NO EVENT SHALL ANY INDEMNITEE BE LIABLE IN ANY
MANNER TO LICENSOR OR ANY OTHER PARTY TO THE EXTENT THE
SAME IS ATTRIBUTABLE TO THE ACTS OR OMISSIONS OF LICENSOR,
ITS AGENTS, EMPLOYEES, CONTRACTORS, OR ANY OTHER PARTY, IN
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Permanent Water Facility License Agreement (CFW&American Airlines, Inc.)
CONNECTION WITH THE USE OF THE LICENSED PROPERTY BY ANY OF
THEM.
10. MISCELLANEOUS PROVISIONS:
a. Number and Gender: Words of any gender used in this Agreement shall
be held and construed to include any other gender; and words in the
singular shall include the plural and vice versa, unless the text clearly
requires otherwise.
b. Mechanic's Liens Not Permitted: Licensor will promptly remove or bond-off
any mechanic's or materialmen's liens of any nature affixed against the
Licensed Property.
c. Termination: This Agreement may be terminated by written agreement of
both Parties or by Licensee providing Licensor thirty (30) days' written
notice. This Agreement shall terminate automatically upon the approval,
execution and delivery of the New Easement, and although not necessary,
if requested by Licensor, Licensee will execute a termination and release
of this Agreement in recordable form.
d. Successors and Assigns: This Agreement shall run with the Leased
Premises and shall be binding on the respective Parties successors and
assigns.
e. Notice: Notices required pursuant to the provisions of this Agreement shall
be conclusively determined to have been delivered when (1) hand-
delivered to the other Party, its agents, employees, servants or
representatives, or (2) received by the other Party by United States Mail,
registered, return receipt requested, addressed as follows:
i. To Licensor:
American Airlines, Inc.
4333 Amon Carter Boulevard
MD 5317
Fort Worth, Texas 76155
Attention: Vice President Airport Affairs and Facilities
With a copy to:
American Airlines, Inc.
4333 Amon Carter Boulevard
MD 5675
Fort Worth, Texas 76155
Attention: General Counsel
ii. To Licensee:
City of Fort Worth
5of9
Permanent Water Facility License Agreement (CFW&American Airlines, Inc.)
200 Texas Street
Fort Worth, Texas 76102
Attention: Assistant City Manager (Property Management)
With a copy to the City Attorney at the same address.
f. No Partnership Formed: Neither Licensor nor Licensee has become a
partner of the other in the conduct of their business or otherwise, or a joint
venture or a member of a joint enterprise with the other, by virtue of this
Agreement.
g. Severability: If any clause or provision of this Agreement is or becomes
illegal, invalid or unenforceable because of present or future laws or any
rule or regulation of any governmental body or entity, effective during the
term of the Agreement, the intention of the Parties hereto is that the
remaining parts of this Agreement shall not be affected thereby unless
such invalidity is, in the sole determination of the Licensee, essential to
the rights of both Parties, in which event Licensee has the right, but not
the obligation, to terminate the Agreement upon written notice to Licensor.
h. Audit: Pursuant to Chapter 2, Article IV, Division 3, Section 2-134,
Administration, Powers and Duties of the Department of Internal Audit, of
the Code of Ordinances of the City of Fort Worth, Licensor agrees that
Licensee shall, until the expiration of three (3) years after termination or
expiration of this Agreement, have access to and the right to examine at
reasonable times any directly pertinent books, documents, papers and
records of Licensor involving transactions relating to this Agreement at no
additional cost to the Licensee. Licensor agrees that the Licensee shall
have access during normal working hours to all necessary Licensor
facilities and shall be provided adequate and appropriate work space in
order to conduct audits in compliance with the provisions of this section.
The Licensee shall give Licensor not less than ten (10) days' written notice
of any intended audits.
i. Entire Agreement: This Agreement constitutes the entire agreement
between Licensor and Licensee relating to the use of the Licensed
Property and no prior written or oral covenants or representations relating
thereto not set forth herein shall be binding on either Party hereto.
j. Amendment: This Agreement may not be amended, modified, extended,
or supplemented except by written instrument executed by both Licensor
and Licensee.
k. Counterparts: This Agreement may be executed in several counterparts,
each of which shall be deemed an original, but all of which shall constitute
but one and the same document.
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Permanent Water Facility License Agreement(CFW&American Airlines, Inc.)
I. Filing in Deed Records: Licensor shall file this Agreement in the deed
records of Tarrant County within fifteen (15) days of its execution.
m. Governing Law and Venue: This Agreement shall be construed in
accordance with the laws of the State of Texas. If any action, whether real
or asserted, at law or in equity, is brought on the basis of this Agreement,
venue for such action shall lie in state courts located in Tarrant County,
Texas or the United States District Court for the Northern District of Texas,
Fort Worth Division.
n. Review of Counsel: The Parties acknowledge that each Party and its
counsel have reviewed this Agreement and that the normal rules of
construction to the effect that any ambiguities are to be resolved against
the drafting party shall not be employed in the interpretation of this
Agreement or exhibits hereto.
o. No Waiver: The failure of the Licensor or Licensee to insist upon the
performance of any term or provision of this Agreement or to exercise any
right granted herein shall not constitute a waiver of the Licensor's or
Licensee's respective right to insist upon appropriate performance or to
assert any such right on any future occasion.
p. Governmental Powers: It is understood and agreed that by execution of
this Agreement, Licensee does not waive or surrender any of its
governmental powers.
q. Headings Not Controlling: Headings and titles used in this Agreement are
for reference purposes only and shall not be deemed a part of this
Agreement.
r. Signature Authority: The person signing this Agreement hereby warrants
that he/she has the legal authority to execute this Agreement on behalf of
the respective party, and that such binding authority has been granted by
proper order, resolution, ordinance or other authorization of the entity.
Each party is fully entitled to rely on these warranties and representations
in entering into this Agreement or any amendment hereto.
AGREED:
LICENSOR: AMERICAN AIRLINES, INC. LICENSEE: CITY OF FORT WORTH
fiY✓ti'
Timo y S ipwo Jesus J. Chapa
Vice President Airport Affairs and Facilities Assistant City Manager
7 of 9
Permanent Water Facility License Agreement (CFW&American Airlines, Inc.) OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
APPROVED AS TO FORM AND LEGALITY
Jessica Sarvvang, sistant City Attorney
ATTEST:
`� By:
U
:3: Mar Kayser
* City Secretary
No M&C Required
Form 1295 Certification No. N/A
CONTRACT COMPLIANCE MANAGER:
By signing, I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
Name: We dy Chi-Babulal
Title: Engineering Manager, Water
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
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Permanent Water Facility License Agreement(CFW&American Airlines, Inc.)
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Timothy Skipworth, Vice President Airport Affairs and Facilities,
known to me to be the same person whose name is subscribed to the foregoing instrument, and
acknowledged to me that the same was the act of American Airlines, Inc. and that he/she
executed the same as the act of said American Airlines, Inc. for the purposes and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
20n.
f•� Brittany Carter
lo` Notary Public in and r the State of Texas
ra n, \mnn
Public,
,,�� f`Q71 117h•of I i•v
9rEor' f xpnrs 10-17-2018
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Jesus J. Chapa, Assistant City Manager of the City of
Fort Worth, known to me to be the same person whose name is subscribed to the foregoing
instrument, and acknowledged to me that the same was the act of the City of Fort Worth and
that he/she executed the same as the act of the City of Fort Worth for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 19 day of
"1 Cu20L-)_.
...o� to Public in and for the State o Texas�aYPu;o LINDA M. HIRRIINGER
4+� Notary Public,Siafe of Texas
Comm.Expires 02.02-2018
�. NotQID 12414414-6
9 of 9
Permanent Water Facility License Agreement (CFW&American Airlines, Inc.)
METES AND BOUNDS DESCRIPTION
BEING a water easement situated in the William G. Matthews Survey, Abstract Number 1052 and the V. J.
Hutton Survey, Abstract Number 681, Tarrant County, Texas, in the City of Fort Worth, being a portion of the
tract of land described in the deed to Dallas—Fort Worth Regional Airport Board recorded in Volume 6710,
Page 520, Deed Records of Tarrant County, Texas and being a portion of the tract of land described as the
North Tract in the deed to Dallas—Fort Worth Regional Airport Board recorded in Volume 6653, Page 856,
Deed Records of Tarrant County, Texas, also being a portion of Lot 1, Block 3 and a portion of Lot 1, Block
2, American Airlines Addition according to the plat recorded in Volume 388-133, Page 60, Plat Records of
Tarrant County, Texas, said water easement being more particularly described as follows:
COMMENCING at a 3.5 inch aluminum monument found for the intersection of the westerly right—of—way line
of State Highway 360 (a variable width right—of—way) and the northerly right—of—way line of Trinity Boulevard
(a variable width right—of—way) for the most easterly southeast corner of said North Tract and of said Lot 1,
Block 2, American Airlines Addition;
THENCE with the northerly right—of—way line of Trinity Boulevard the following:
South 43' 26' 04" West a distance of 73.34 feet to a point;
3
South 86' 16' 17" West a distance of 119.82 feet to a point;
E
N
North 82' 00' 32" West a distance of 372.43 feet to a point;
J
v South 87' 44' 01" West a distance of 102.31 feet to a 5/8 inch iron rod found for corner;
0
3
g North 84' 05' 43" West a distance of 78.32 feet to a 5/8 inch iron rod with a cap stamped `Dunaway
Assoc LP" set for the POINT OF BEGINNING;
0
North 84' 05' 43" West a distance of 15.03 feet to a point;
THENCE departing the northerly right—of—way line of Trinity Boulevard North 09' 35' 33" East a distance of
0 81.85 feet to the beginning of a non—tangent curve to the right having a radius of 115.00 feet;
a
THENCE Northeasterly along said curve through a central angle of 44' 15' 24" an arc distance of 88.83 feet
z with a chord bearing of North 41' 20' 26" East a distance of 86.64 feet to the end of said curve;
N
THENCE North 62' 11' 13" East a distance of 161.02 feet to the beginning of a non—tangent curve to the left
S having a radius of 210.00 feet;
0
g' THENCE Northeasterly along said curve through a central angle of 84' 42' 38" an arc distance of 310.48 feet
o with a chord bearing of North 05' 09' 38" East and a chord distance of 282.96 feet to a 5/8 inch iron rod
with a cap stamped `Dunoway Assoc LP" set for corner;
o
THENCE South 48' 33' 18" West a distance of 55.88 feet to a point;
d THENCE North 41' 26' 42" West a distance of 15.00 feet to a 5/8 inch iron rod with a cap stamped
"Dunaway Assoc LP" set for corner;
a
continued next page...
EXHIBIT 'A'
0 8001666.003 PAGE 1 OF 8
m �
o A drawing of even date accompanies OF
o this metes and bounds description. f , `�To4 E°(1:�7F; r WATER EASEMENT
F
2 OCTOBER 3,20161 V.J. HUTTON SURVEY ABSTRACT
oeeoeoeeesoeeses0000eo ,
_- NUMBER 681&WILLIAM G.
z �l GREGORY S. lFFLAi�1D ?
o ••••••••••••••g••• ` MATTHEWS SURVEY,ABSTRACT
"-QDLVENAWAy
�a,a1 4351 t��' NUMBER 1052
r3ro?;ait?�n
N 550 Bailey Avenue . Suite 400•Fort worth,Texas 76107 1 i , .• CITY OF FORT WORTH
Tel:817.335.1121•Fax:817.335.7437 t TARRANT COUNTY,TEXAS
o FIRM REGISTRATION 10098100
0
METES AND BOUNDS DESCRIPTION
continued...
THENCE North 48' 33' 18" East a distance of 56.45 feet to the beginning of a non—tangent curve to the left
having a radius of 210.00 feet;
THENCE Northwesterly along said curve through a central angle of 21' 45' 00" an arc distance of 79.72 feet
with a chord bearing of North 52' 09' 58" West and a chord distance of 79.24 feet to the end of said
curve;
THENCE North 72' 27' 57" West a distance of 193.45 feet to a point;
THENCE North 89' 59' 49" West a distance of 158.99 feet to the beginning of a non—tangent curve to the
right having a radius of 1,493.06 feet;
THENCE Northwesterly along said curve through a central angle of 21' 34' 17" an arc distance of 562.12 feet
with a chord bearing of North 78' 43' 19" West and a chord distance of 558.81 feet to the end of said
rn curve;
v
THENCE South 22' 32' 37" West a distance of 9.10 feet to a point;
E
8 THENCE North 67' 15' 37" West a distance of 19.96 feet to a 5/8 inch iron rod with a cap stamped
"Dunaway Assoc LP" set for corner;
0
3 THENCE North 22' 44' 23" East a distance of 8.99 feet to the beginning of a non—tangent curve to the right
$ having a radius of 1,493.06 feet;
THENCE Northwesterly along said curve through a central angle of 18' 14' 37" an arc distance of 475.41 feet
with a chord bearing of North 58' 02' 59" West and a chord distance of 473.40 feet to the point of
o compound curvature of a curve to the right having a radius of 1,438.71 feet;
O
m
THENCE Northwesterly along said curve through a central angle of 10' 59' 27" an arc distance of 275.98 feet
o` with a chord bearing of North 43' 38' 06" West and a chord distance of 275.56 feet to a 5/8 inch iron rod
z with a cap stamped `Dunaway Assoc LP" set for corner;
N
THENCE North 38' 08' 23" West a distance of 6.85 feet to a point;
s
THENCE North 83' 42' 57" West a distance of 32.86 feet to a point;
2 THENCE South 51' 17' 03" West a distance of 39.64 feet to a 5/8 inch iron rod with a cap stamped
.g `Dunaway Assoc LP" set for corner;
a
THENCE South 62' 32' 03" West a distance of 152.94 feet to a point;
a THENCE North 72' 27' 57" West a distance of 345.37 feet to a point in the easterly right—of—way line of
w American Boulevard (a variable width right—of—way) in a non—tangent curve to the right have a radius of
a 1,270.00 feet;
a0continued next page...
< EXHIBITA'
a B001666.003 PAGE 2 OF 8
A drawing of even date accompanies
othis metes and bounds description. WATER EASEMENT
o OCTOBER 3,2016 V.J. HUTTON SURVEY,ABSTRACT
P NUMBER 681 &WILLIAM G.
o MATTHEWS SURVEY,ABSTRACT
DUNAWAY
NUMBER 1052
3
N 550 Batley Avenue •Suite 400•Fort Worth,Texas 76107 CITY OF FORT WORTH
m Tel:817,335.1121•Fax:817.335.7437 TARRANT COUNTY,TEXAS
o FIRM REGISTRATION 10098100
w
G
O
a
METES AND BOUNDS DESCRIPTION
continued...
[THENCE with the easterly right—of—way line of American Boulevard Northeasterly along said curve through a
central angle of 00' 40' 39" an arc distance of 15.02 feet with a chord bearing of North 20' 29' 04" East
and a chord distance of 15.02 feet to a 5/8 inch iron rod with a cap stamped `Dunaway Assoc LP" set for
corner;
THENCE departing the easterly right—of—way line of American Boulevard South 72' 27' 57" East a distance of
338.38 feet to a 5/8 inch iron rod with a cap stamped `Dunaway Assoc LP" set for corner;
THENCE North 62' 32' 03" East a distance of 145.25 feet to a point;
THENCE North 51' 17' 03" East a distance of 44.38 feet to a 5/8 inch iron rod with a cap stamped
"Dunaway Assoc LP" set for corner;
THENCE South 83' 42' 57" East a distance of 45.38 feet to a point;
THENCE South 38' 08' 23" East a distance of 13.15 feet to the beginning of a non—tangent curve to the left
F having a radius of 1,423.71 feet;
d
THENCE Southeasterly along said curve through a central angle of 06' 54' 41" West an arc distance of 171.74
feet with a chord bearing of South 41' 35' 43" East and a chord distance of 171.64 feet to the end of said
3 curve;
S THENCE North 44' 17' 41" East a distance of 52.16 feet to a point;
THENCE South 45' 37' 35" East a distance of 15.00 feet to a point;
m
o THENCE South 44' 17' 41" West a distance of 52.24 feet to the beginning of a non—tangent curve to the left
having a radius of 1,423.71 feet;
0
`o THENCE Southeasterly along said curve through a central angle of 03' 28' 37" an arc distance of 86.39 feet
z with a chord bearing of South 47' 23' 36" East and a chord distance of 86.38 feet to the paint of
compound curvature of a curve to the left having a radius of 1,478.06 feet;
8 THENCE Southeasterly along said curve through a central angle of 15' 40' 38" an arc distance of 404.43 feet
S with a chord bearing of South 56' 45' 56" East and a chord distance of 403.17 feet to the end of said
curve;
z THENCE North 24' 56' 26" East a distance of 51.96 feet to a 5/8 inch iron rod with a cap stamped
a `Dunaway Assoc LP" set for corner;
d
THENCE South 65' 03' 34" East a distance of 15.00 feet to a point;
a
w continued next page...
f
a
66
m
EXHIBIT 'A'
B001666.003 PAGE 3 OF 8
0
$ A drawing of even date accompanies
o this metes and bounds description. WATER EASEMENT
T
a OCTOBER 3,2016 V.J. HUTTON SURVEY,ABSTRACT
NUMBER 681 &WILLIAM G.
o MATTHEWS SURVEY,ABSTRACT
NUMBER 1052
< s� DUNAWAY3
N 550 Bailey Avenue •Suite 400•Fort worth,Texas 76107 CITY OF FORT WORTH
m Ta[:817.335.1121•Fax:817.335.7437 TARRANT COUNTY,TEXAS
P FIRM REGISTRATION 10098100
G
nown
METES AND BOUNDS DESCRIPTION
continued...
THENCE South 24' 56' 26" West a distance of 52.00 feet to a 5/8 inch iron rod with a cap stamped
"Dunaway Assoc LP" set for the beginning of a non—tangent curve to the left having a radius of 1,478.06
feet;
THENCE Southeasterly along said curve through a central angle of 17' 24' 59" an arc distance of 449.30 feet
with a chord bearing of South 73' 53' 38" East a distance of 447.57 feet to the end of said curve;
THENCE North 07' 06' 26" East a distance of 59.98 feet to a point;
THENCE South 82' 53' 34" East a distance of 15.00 feet to a point;
THENCE South 07' 06' 26" West a distance of 59.98 to the beginning of a non—tangent curve to the left
having a radius of 1,478.06 feet;
THENCE Southeasterly along said curve through a central angle of 06' 19' 18" an arc distance of 163.08 feet
with a chord bearing of South 86' 20' 40" East and a chord distance of 163.00 feet to the end of said
curve;
E
THENCE South 89' 59' 49" East a distance of 161.24 feet to a point;
v THENCE South 72' 27' 57" East a distance of 49.92 feet to a 5/8 inch iron rod with a cap stamped
3 `Dunaway Assoc LP" set for corner;
s
0
THENCE North 17' 32' 03" East a distance of 49.55 feet to a point;
0
THENCE South 72' 27' 57" East a distance of 15.00 feet to a 5/8 inch iron rod with a cap stamped
"Dunaway Assoc LP" set for corner;
0
THENCE South 17' 32' 03" West a distance of 49.55 feet to a point;
THENCE South 72' 27' 57" East a distance of 132.88 feet to the beginning of a non—tangent curve to the
N right having a radius of 225.00 feet;
6
THENCE Southeasterly along said curve through a central angle of 111' 00' 25" an arc distance of 435.92
feet with a chord bearing of South 07' 45' 27" East and a chord distance of 370.87 feet to the end of said
g curve;
THENCE South 62' 11' 13" West a distance of 163.26 feet to the beginning of a non—tangent curve to the
left having a radius of 95.00 feet;
0
THENCE Southwesterly along said curve through a central angle of 47' 44' 26" an arc distance of 79.16 feet
with a chord bearing of South 41' 23' 24" West and a chord distance of 76.89 feet to the end of said curve;
w
THENCE South 09' 35' 33" West a distance of 77.92 feet to the POINT OF BEGINNING;
CONTAINING a computed area of 1.137 acres (49,532 square feet) of land.
19
B001666.003 EXHIBIT 'A' PAGE 4 OF 8
0
oA drawing of even date accompanies
o this metes and bounds description. WATER EASEMENT
OCTOBER 3,2016 V.J. HUTTON SURVEY,ABSTRACT
NUMBER 681 &WILLIAM G.
o MATTHEWS SURVEY, ABSTRACT
NAWAY
NUMBER 1052
<
3
N 550 Bailey Avenue-Suite 400•Fort Worth,Texas 76107 CITY OF FORT WORTH
n Tel:817.335.1121 •Fax:817.335.7437 TARRANT COUNTY,TEXAS
o FIRM REGISTRATION 10098100
K
O
a
5/8" IRON ROD WITH CAP
isy ?"e STAMPED "DUNAWAY ASSOC LP"
Nla 5.W
6
,-21.45'00" g'F
R-210.00' l_79.72' icy
�P CH-N52'09'68•W 79.24' t���. �
1 41
N41'26'42"W � 0 100'
16.00'
SCALE FEET
100'
DALLAS-FORT WORTH �.
a REGIONAL AIRPORT BOARDf
NORTH TRACT 5
VOLUME 6653, PAGE 856 ^
E
ov i
WATER EASEMENT � a
1.137 ACRES 6S m 3
3 (49,532 SQUARE FEET)
>- o
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�y♦� LOT 1, BLOCK 2 0
ON
0
AMERICAN
VOLUME 388-11335 PAGE60
i ♦ 'J W W
v
z O
z ``� R-45.44'26• POINT OF
z R_95.00' L-79.16'
0
20 W CH_54123'241Y 76.89' COMMENCING
B r FOUND 3.5" ALUMINUM
zoho MONUMENT
o a gi ° (CONTROL MONUMENT)
u o N z Q+ FOUND 5/8" IRON ROD
o t7F 78.32' (CONTROL MONUMENT)
SBr44'01•W �s43 2s'o4'W
= N64'05'43 W� 102.31' Na2%,32`W 73.34'
w 15.03' POINT OF 372 SM-16'17•W
TRINITY BOULEVARD 1962'
BEGINNING
SET 5/8" IRON ROD WITH (VARIABLE WIDTH RIGHT-OF-WAY)
CAP STAMPED "DUNAWAY EXHIBIT 'A'
R 8001666 003 ASSOC LP' PAGE 5 OF 8
d
0 A metes and bounds description of even
o date accompanies this drawing. WATER EASEMENT
OCTOBER 3,2016 V.J. HUTTON SURVEY,ABSTRACT
NUMBER 681 &WILLIAM G.
0 MATTHEWS SURVEY,ABSTRACT
D ,- NUMBER 1052
< D U N AWAY
3
550 Bailey Avenue •suite 400•Fort Worth,Texas 76107 CITY OF FORT WORTH
m Tel:817.335.1121 •Fax:817.335.7437 TARRANT COUNTY,TEXAS
o FIRM REGISTRATION 10098100
w
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a
i
FOUND 2"
IRON PIPE
LOT i, BLOCK 2
LOT 1, BLOCK 3 AMERICAN AIRLINES ADDITION
AMERICAN AIRLINES ADDITION VOLUME 388-133, PAGE 60
VOLUME 388-133, PAGE 60 yf
WATERACRES EASEMENT
Sa2W'34"E (49,532 SQUARE FEET)
15.00'
w Ra)q� 2{vr9 a
C} y�06' N17'32'03"E 3
'f{93o' �� a� 49,55' �27�gy.
E 44757' h S7227'57"E T5 p0, f
o �D '�1B'
z R: 49.92'
R_14S17- '03 t7` 0'40'E WW S893649'E 161.24' 49,552 "W
u "OQ7� '`562Y2'0 aft
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Z Z DALLAS-FORT WORTH `oF�
U U VOLUMEL6710, PACE0520 ARD o tj�'t�S� (I t\A S-3
S ¢I Q pl; �GiA i�F
z
z
Eli
a DALLAS-FORT WORTH
a REGIONAL AIRPORT BOARD
8 NORTH TRACT
VOLUME 6653, PAGE 856
o
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S
o
0
u
7
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l9
0 too'
w
a SCALE FEET = 5/8" IRON ROD WITH CAP
1"= 100' STAMPED "DUNAWAY ASSOC LP"
EXHIBIT 'A'
0 8001666,003 PAGE 6 OF 8
M
0
9 A metes and bounds description of even WATER EASEMENT
o date accompanies this drawing.
ocroBER 3,Zo16 _ V.J. HUTTON SURVEY,ABSTRACT
NUMBER 681 &WILLIAM G.
o MATTHEWS SURVEY, ABSTRACT
NUMBER 1052
< 'DUNAWAY3
o 550 Bailey Avenue•Suite 400•Fort worth,Texas 76107 CITY OF FORT WORTH
m Tel:817.335.1121• Fax:817.335.7437 TARRANT COUNTY,TEXAS
a FIRM REGISTRATION 10098100
G
d
a
= 5/8" IRON ROD WITH CAP
STAMPED "DUNAWAY ASSOC LP"
LOT 1, BLOCK 3
AMERICAN AIRLINES ADDITION
VOLUME 388-133, PACE 60
S45'37 35'E
15.00'
hN'Y
00,1` A-,Y28'37"
R=1423.71' L-88.39'
w w CH-S4T23'36'E 86.38'
_ = WATER EASEMENT
U1 (f) 1.137 ACRES
a
z z (49,532 SQUARE FEET)
z z
E
� U U
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3 4g. k
o y�,
g 4,�, Tjr • S6*03'34•E
b2 C N24'58'26"E
sly ��yir 61.96'
—S24"S6'26"W
0 52.00'
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DALLAS—FORT WORTH N22'44'23'E AVREGIONALAIRPORT '��f5g+
VOLUME 6710, PAGE BOARD 8. 98'20 � -� 99-30'
i
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19.99' 92a'32'37'w
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w 0 100' _;2
MSCALE FEET
W 1'= 100'
EXHIBIT 'A'
0 8001666.003 PAGE 7 OF 8
$ A metes and bounds description of even
u date accompanies this drawing. WATER EASEMENT
T
OCTOBER 3,2016 V.J. HUTTON SURVEY,ABSTRACT
NUMBER 681 &WILLIAM G.
o MATTHEWS SURVEY,ABSTRACT
13 DUNAWAY
NUMBER 1052
a
r° 550 Bailey Avenue •Suite 400•Fort worth,Texas 76107 CITY OF FORT WORTH
m
Tel:817.335.1121•Fax:817.335.7437 TARRANT COUNTY,TEXAS
o FIRM REGISTRATION 10098100
G
O
d
NOTE:
t(' Q The basis of the bearings shown hereon is the Texas State Plane
.� Coordinate System, North Central Zone, based upon GPS
CL/ _4 measurements, according to the North Texas Cooperative VRS Network.
0 CIF
�V I
qT
�O
U LOT 1, BLOCK 3
`_ � AMERICAN AIRLINES ADDITION
O FOUND ALUMINUM DISK VOLUME 388-133, PAGE 60
STAMPED "DFW INT AIRPORT"
583'42'57'E
45,38' S38108'23"E
N51'17'O3'E 1315'
44.38'
rn
W Ny 7�sJ.WN8 '4 S5117'03'W �
X31 03�� 36,8+' ro Ir.
Vygs2`''2�9k N83'42'57"W } 8
3 No 3285'
8 N38'08'23'W V `�
6.85' ?
s WATER EASEMENT
1.137 ACRES
(49,532 SQUARE FEET)
0
0,r,
o
I? DALLAS-FORT WORTH W W
a REGIONAL AIRPORT BOARD IS N
VOLUME 6710, PAGE 520
y
d �0 Z Z
y SS��1 S.S
$ *� '�`,Y�lot t Q Q
i 1•
a D too,
SCALE FEET
1"= 100'
5/8" IRON ROD w
TH CAP
< FOUND ALUMINUM DISK STAMPED"DUNAWA �ASSOC LP"
N STAMPED 'DFW INT AIRPORT"
00
EXHIBIT 'A'
8001666.003 PAGE 8 OF 8
M
0
g A metes and bounds description of even WATER EASEMENT
o date accompanies this drawing.
a
OCTOBER 3,2016 V.J. HUTTON SURVEY, ABSTRACT
NUMBER 681 &WILLIAM G.
a MATTHEWS SURVEY,ABSTRACT
NUMBER 1052
o< DUNAWAY3
1 550 Bailey Avenue •Suite 400•Fort worth,Texas 75107 CITY OF FORT WORTH
m Tel:817.335.1121 -Fax:817.335.7437 TARRANT COUNTY,TEXAS
o FIRM REGISTRATION 10098100
K
0
aam