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HomeMy WebLinkAboutContract 49705 CITY SECRETARY / 1 n CONTRACT N0. �1_`____(� RIGHT OF WAY DEVELOPMENT ESCROW AGREEMENT This Right of Way Development Escrow Agreement ("Agreement") is by and among the City of Fort Worth, a home-rule municipal corporation (the "City"), AIL Investment, L.P., a Texas limited partnership ("AIL"), and A���crican Escrow Company, a Texas corporation ("Escrow Agent"), to be effective September ;2017 (the "Effective Date"). RECITALS WHEREAS, the City for the improvements to North Riverside Drive Phase 5 must take from AIL the 4 parcels of land--Parcels No. 8, 13, 14 and 14A, described by metes and bounds and survey plat in the Exhibit 1 attached hereto and incorporated herein by reference (the "Dedicated Parcels"); and WHEREAS, the City and AIL have agreed upon the compensation to be paid to AIL for the Dedicated Parcels, which will be a $324,088.00 credit against future transportation impact fees that will be due when AIL or its assignee seeks to develop property located within the boundaries of I.F. Service Area D as described under City of Fort Worth Ordinance No. 18083 and delineated in the attached Exhibit 2; and WHEREAS, certain electric utility lines (the "Utility Lines") need to be relocated from their current location shown on Exhibit 3 attached hereto and incorporated herein by reference to the location shown on said Exhibit 3 (the scope of said relocation being more particularly described in Exhibit 4 attached hereto and incorporated herein by reference, and said relocation being referred to herein as the "Utility Relocation"; WHEREAS, AIL is willing to cause the Utility Relocation and the City is willing to reimburse AIL in cash for the cost of such Utility Relocation up to the amount of$275,000.00 (the"Reimbursement Cap"); WHEREAS, Escrow Agent, the City and AIL desire to detail the consideration to be tendered to AIL for the Dedicated Parcels and the process for reimbursement of AIL, up to the Reimbursement Cap, for the Utility Relocation; and WHEREAS, in accordance with their agreement, the City and AIL also have agreed they will execute the then standard Transportation Impact Fee Credit Agreement to access and exchange the credits granted herein against future transportation impact fees when AIL or its assignee seeks to develop property located within the boundaries of I.F. Service Area D, such credits not to exceed $324,088.00; and WHEREAS, in connection with the Utility Relocation, AIL will grant to [ONCOR] easements across the property shown or described on Exhibit 5 attached hereto and incorporated herein by reference, on such easement foLU TOFFICIAL e mutually agreed upon by AIL and Oncor. ITECORD ECRETARYw �v N 4yRTH, TX ^' _� NOW, THEREFORE, for and in consideration of the mutual promises, covenants and agreements herein contained, and other good and valuable consideration to each of the parties in hand paid by each of the other parties hereto, the receipt and sufficiency of which are hereby acknowledged, AIL, the City, and Escrow Agent do hereby mutually consent and agree that the following provisions shall govern with respect to the rights, duties and obligations of the parties hereto with respect to the subject matter hereof. AGREEMENT 1. The parties hereby find that the recitals set forth above are true and correct and form the basis upon which Escrow Agent, the City and AIL have entered into this Agreement. 2. On the Effective Date, AIL is delivering to Escrow Agent a deed, executed by AIL, for the conveyance of the Dedicated Parcels to the City, said deed being in the form of Exhibit 6 attached hereto and incorporated herein by reference (the "Dedication Deed"). In the Dedication Deed, AIL will reserve its right title and interest in and to the minerals and water in, on and under the Dedicated Parcels, but provided that AIL shall have no right of access to the surface of the Dedicated Parcels for purposes of exploring, developing, mining or drilling for them. 3. Within one business day after the Effective Date, Escrow Agent agrees to cause the Dedication Deed to be recorded in the Real Property Records of Tarrant County, Texas. 4. As consideration for AIL's delivery of the Dedication Deed, City hereby grants AIL a $324,088.00 credit against future transportation impact fees that would become due when AIL or its assignee seeks to develop property located within the boundaries of I.F. Service Area D as described under Ordinance No. 18083 and delineated in the attached Exhibit 2. City and AIL will, from time to time, execute the then standard Transportation Impact Fee Credit Agreement to access and exchange the credits granted herein against future transportation impact fees when AIL or its assignee seeks to develop property located within the boundaries of I.F. Service Area D, such credits under such applicable Transportation Impact Fee Credit Agreements not to exceed a cumulative total of $324,088.00 (for the avoidance of doubt, AIL and/or its assignees will receive a total of $324,088.00 in credits against future transportation impact fees in such Transportation Impact Fee Credit Agreements, although there may be multiple Transportation Impact Fee Agreements since AIL and/or its assignees may seek portions of such $324,088.00 in credits over time as AIL and/or its assignees seek to develop such property). 5. On the Effective Date, the City has placed into an escrow account with Escrow Agent an amount equal to the Escrow Cap, which is the estimated cost of designing, engineering and constructing the Utility Relocation, for the purpose of reimbursing AIL for said costs (the "Escrow Deposit'). The Escrow Agent agrees to receive, hold and disburse the Escrow Deposit (which together with any interest accrued thereon shall be referred to collectively as the "Escrow Funds") in accordance with this Agreement. 6. Subject to the terms, provisions and conditions of this Agreement, the City and AIL hereby designate Escrow Agent as the escrow agent with respect to the escrow of the Escrow Deposit. Escrow Agent hereby accepts the obligations and duties of escrow agent with regard to the retention and disposition of the Escrow Funds in accordance with the terms, provisions and conditions of this Agreement and agrees to serve as escrow agent hereunder. 7. During the term of the escrow created hereby, Escrow Agent shall invest the Escrow Funds in a money market fund at Texas Capital Bank,provided that such investments will enable the parties hereto to obtain delivery and payment of the Escrow Funds on notice of not more than seven days. All income derived from the principal of the Escrow Funds during the term hereof shall become part of the Escrow Funds. All investments shall be under the taxpayer identification number of the City. 8. Escrow Agent agrees to hold the Escrow Funds in compliance with Chapter 2257 of the Texas Local Government Code and will provide City a monthly report showing pledged collateral. 9. AIL shall cause completion of the Utility Relocation on or before March 1, 2018, subject to extension for Force Majeure as defined in section 10 below (said date, as extended by Force Majeure, being referred to respectively herein as the "Completion Deadline'g. 10. In the event performance by AIL of any covenant or obligation contained in this Agreement is delayed or prevented by any war, national emergency, accident, Act of God, strike, lockout, civil riot, any act or omission of the City, any other governmental entity, Oncor or any other utility company (including a refusal or delay in granting a reasonable temporary construction or maintenance easement), weather or flood, fire or damage by other casualties, a delay or inability in obtaining governmental or utility company permits and/or authorizations, shortage of materials, or any other reason beyond the reasonable control of AIL (collectively, "Force Majeure"), the period for performance of such covenant or obligation including, without limitation, any Completion Deadline, shall be extended for a period equal to the period AIL is so delayed or hindered. 11. (a)AIL shall be authorized to receive the Escrow Funds upon completion of the Utility Relocation and receipt by the City and Escrow Agent of the following(collectively, the "Work Evidence"): (1) A written certification from AIL stating that the Utility Relocation has been completed, which shall be verified by the City's inspection(s) thereof (such verification not to be unreasonably withheld or delayed, and if such verification or a notice of noncompliance (a "Notice of Noncompliance") is not delivered to AIL and Escrow Agent in writing within ten (10) business days following AIL's delivery of the certification, compliance shall be deemed to be verified by the City and Escrow Agent shall deliver to AIL the amount for reimbursement specified in the certification); and (2) Invoices from the design professionals, general contractor and/or subcontractors evidencing the costs incurred with respect to the Utility Relocation. (b) Notwithstanding the foregoing, if the costs incurred by AIL in causing completion of the Utility Relocation are less than the amount of Escrow Funds held by Escrow Agent, Escrow Agent shall deliver to AIL an amount equal to the total costs incurred by AIL as evidenced by the invoices, and validated by City, referenced in section I I(a) (2) above, and any remaining Escrow Funds shall be returned to the City. (c) If a Notice of Noncompliance is delivered to Escrow Agent within 10 business days, Escrow Agent shall withhold disbursement of the Escrow Funds until it receives either joint written instructions from the parties, a judgement from a court of competent jurisdiction, or a final arbitration award. 12. Notwithstanding anything to the contrary, if AIL fails to complete the Utility Relocation by the Completion Deadline(subject to Force Majeure), then the City, as its sole and exclusive remedies, has the right to: (a) notify AIL and Escrow Agent of its demand to disburse all or part of the remaining Escrow Funds (the amount remaining at the time of the Completion Deadline less amounts for the cost of work completed, but not yet paid, which is not subject to a Notice of Noncompliance). Such funds shall be disbursed to the City after ten (10) business days from the date of such notice to Escrow Agent and AIL; (b) at its election, construct the remaining Utility Relocation that AIL has failed to timely construct; (c) in connection with the City's construction of the Utility Relocation (if so elected) that AIL has failed to timely cause to be constructed, AIL shall, within three (3) business days following the City's written request therefor, assign to the City any construction contract that has previously been entered into by AIL for the construction of the Utility Relocation; and (d) if the reasonable cost to the City of constructing the Utility Relocation that AIL has failed to timely construct exceeds the Escrow Funds, AIL shall pay the amount of such commercially reasonable additional costs to the City within ten (10) days after its receipt from the City of written evidence reasonably evidencing such additional costs. 13. Escrow Agent hereby,by its execution of this Agreement, acknowledges receipt of the Escrow Deposit. 14. Escrow Agent, by its execution of this Agreement, covenants and agrees to faithfully perform and fulfill the terms of the escrow created hereby, pursuant to the terms, provisions and conditions hereof. The obligations of Escrow Agent hereunder are performable at the offices of Escrow Agent specified below. 15. Escrow Agent shall earn a fee of$800.00. The fee charged by Escrow Agent shall be shared equally by AIL and the City. 16. Escrow Agent shall provide to AIL and the City monthly accounting of the Escrow Funds, and upon request of the City, shall provide detailed reports with information required by City. 17. It is specifically understood and agreed by AIL and the City that Escrow Agent has no interest in and is not a party to any agreement under which the escrow created hereby may arise, other than Escrow Agent's strict obligation to fully perform its duties as set forth herein. Escrow Agent is not responsible or liable in any manner whatsoever for the sufficiency of the Escrow Deposit. 18. AIL and Escrow Agent agree that the City and/or its assigns, including external auditors, shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of AIL and Escrow Agent involving transactions relating to this Agreement at no additional cost to the City. AIL and Escrow Agent agree that the City shall have access during normal working hours to all AIL and Escrow Agent facilities and shall be provided adequate and appropriate work space in order to conduct audits. The City shall give AIL and Escrow Agent no less than ten (10) days written notice of any intended audit. 19. In the event that Escrow Agent becomes involved in litigation in connection with the escrow created hereby, AIL and the City, to the extent allowed by law, shall be jointly responsible to indemnify and hold the Escrow Agent harmless from any and all liabilities, losses, costs, damages and expenses, including,without limitation, attorneys' fees and costs of investigation, suffered and/or incurred by Escrow Agent as a result thereof; unless such litigation is between AIL and the City, in which event the losing party shall be required to reimburse Escrow Agent for all of the aforementioned losses, costs, damages and expenses. Notwithstanding the foregoing, in the event that Escrow Agent shall fail to fully perform its obligations under this Agreement as a result of an occurrence described in Section 21, neither AIL nor the City shall have any obligations to indemnify Escrow Agent under this Section 19. 20. Escrow Agent shall be protected and shall have the right to act upon any written notice, request, waiver, consent, certificate, receipt, authorization, power of attorney or other paper or document which Escrow Agent, in good faith believes to be genuine. Escrow Agent shall be entitled to rely and act solely upon, any written notice for which provision is made herein; and in the event Escrow Agent receives conflicting or contravening instructions from the parties hereto with respect to the subject matter hereof, Escrow Agent shall not disburse Escrow Funds until Escrow Agent receives joint written instructions from the parties. 21. Escrow Agent shall not be liable for any act which Escrow Agent may do or refrain from doing in connection with the conduct and consummation of the escrow created hereby, except for Escrow Agent's gross negligence, willful misconduct, violation of the terms and provisions hereof, or violation of law. 22. AIL and the City,jointly, may remove Escrow Agent, with or without cause and appoint a substitute Escrow Agent in which event Escrow Agent shall deliver the Escrow Funds as directed in writing by AIL and the City. 23. The bankruptcy, insolvency or other legal disability of any of the parties hereto shall not affect the terms of the escrow created hereby or prevent the performance by Escrow Agent of the duties of Escrow Agent hereunder. 24. If any provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. 25. Any notice, demand or communication required, permitted, or desired to be given hereunder shall be in writing and shall be deemed effectively given when received or refused if delivered by personal delivery, overnight messenger, or mailed by prepaid certified mail, return receipt requested, as follows: AIL: AIL Investment, L.P. c/o Hillwood Development Company, LLC 9800 Hillwood Parkway, Suite 300 Fort Worth, Texas 76177 Attn: Russell Laughlin with copy to: Hillwood Development Company, LLC 9800 Hillwood Parkway, Suite 300 Fort Worth, Texas 76177 Attn: Don Reid City: City of Fort Worth Transportation/Public Works Department 200 Texas Street Fort Worth,Texas 76102 Attn: Doug Wiersig, Director E-mail: Douglas.Wiersig@fortworthtexas.gov with copy to: City of Fort Worth City Attorney's Office 200 Texas Street Fort Worth, Texas 76102 Attn: Leann Guzman Senior Assistant City Attorney E-mail: Leann.Guzman@fortworthtexas.gov with copy to: City of Fort Worth Department of Finance 200 Texas Street Fort Worth, Texas 76102 Attn: Aaron Bovos, CFO E-mail: Aaron.Bovos@fortworthtexas.gov Escrow Agent: American Escrow Company 2727 Howell Street, l Oth Floor Dallas, Texas 75204 Attn: Carla Janousek 26. This Agreement may not be amended except by the written agreement of all of the parties hereto. 27. This Agreement has been executed in multiple counterparts, each of which shall be deemed to be one and the same original. 28. This Agreement contains the entire agreement of the parties hereto with respect to the subject matter hereof and shall not be varied, amended, or superseded except by the written agreement among the parties hereto. 29. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. 30. Neither party shall have any liability to any other party to this Agreement for the selection of a depository institution to hold the Escrow Funds or for any act or omission of such depository institution or for any loss or impairment of the Escrow Funds or other funds that are subject to this Agreement. 31. No failure on the part of any party at any time to require the performance by any other party of any provision of this Agreement shall in any way affect such party's rights to require such performance, nor shall any waiver by any party of any provision hereof be taken or held to be a waiver of any other provision hereof. 32. If, pursuant to this Agreement, any date indicated herein falls on a holiday or a Saturday or Sunday, the date so indicated shall mean the next business day following such date. The term "holes"shall mean any day on which state or national banks are not open for business in the State of Texas. In calculating the number of days in a time period required under this Agreement, the date on which the notice is received or rejected shall not be counted, and the notice period shall run through 5:00 p.m., Fort Worth, Texas time, on the last day of the applicable notice period. 33. In the event either parry files a lawsuit in connection with this Agreement or any provisions contained herein, then the party that prevails in such action shall be entitled to recover from the non-prevailing party, in addition to all other remedies or damages as limited herein, reasonable attorneys' fees and costs of court incurred in such lawsuit. Executed this. �� day of 2017 AIL INVESTMENT, L.P., a Texas limited partnership By: AIL GP, LLC, a Texas limited liability company, �L S its gene al partner Name: Title- ffla '�- CITY OF TH YJesus J. Chapa, Assistant City Manager Approved as to Form and Legality nn Guzman, S . Assistant City Attorney City of Fort Worth 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. 17 z 4- 4 v Mitch Aiton, P.E. Project Manager/TPW E-mail: Mitch.Aiton@fortworthtexas.gov Attest: �pF FSR.. ParA Kayser, City Secretar �* � S Escrow Agent: AMERI AN ESCROW COMP , a Te s corporation B : Name: �-_;t,. ., C ,k Title: ..... ,.,E it OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX EXHIBIT 1 (See Attached Parcels 8, 13, 14 and 14A) N.RIVERSIDE DRIVE N.RIVERSIDE DRIVE DOE# 7236;Parcel#P 8 RIGHT-OF-WAY ACQUISITION i I 8200 OLD DENTON P.D. P-8 FORT WORTH,TEXAS. C.C.WHYTE SURVEY,A-1611 i i EXHIBIT "A" REAL PROPERTY DESCRIPTION BEING A PARCEL OF LAND SITUATED IN C. C. WHYTE SURVEY, ABSTRACT NUMBER 1611, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF THAT CERTAIN TRACT OF LAND DESCRIBED AS TRACT 10, AS CONVEYED TO AIL INVESTMENT L.P., A TEXAS LIMITED PARTNERSHIP, BY DEED RECORDED IN VOLUME 14315, PAGE 56, DEED RECORDS, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8 INCH IRON FOUND FOR THE SOUTHWEST CORNER OF TRACT OF LAND AS { CONVEYED TO RICARDO A. IBANEZ, BY DEED RECORDED IN INSTRUMENT NUMBER D209162181, DEED RECORDS, TARRANT COUNTY, TEXAS, AND THE NORTHWEST CORNER OF THE SAID AIL INVESTMENT L.P., TRACT, AND BEING IN THE EAST RIGHT-OF-WAY LINE OF OLD DENTON ROAD (VARIABLE WIDTH RIGHT-OF-WAX); THENCE NORTH 89 DEGREES 53 MINUTES 27 SECONDS EAST, 30.27 FEET WITH THE COMMON LINE OF SAID AIL INVESTMENT L.P., TRACT, AND SAID RICARDO A. IBANEZ TRACT TO A 5/8 INCH IRON WITH CAP STAMPED "ANA" SET FOR THE PROPOSED EAST RIGHT-OF-WAY LINE OF SAID OLD DENTON ROAD; THENCE SOUTH 00 DEGREES 26 MINUTES 24 SECONDS EAST, 193.11 FEET TO A 5/8 INCH IRON WITH CAP STAMPED "ANA" SET FOR THE PROPOSED EAST RIGHT-OF-WAX LINE OF SAID OLD DENTON ROAD; THENCE SOUTH 32 DEGREES 04 MINUTES 19 SECONDS EAST, 9.93 FEET TO A 5/8 INCH j IRON WITH CAP STAMPED "ANA" SET FOR THE PROPOSED EAST RIGHT-OF-WAY LINE OF SAID 1 OLD DENTON ROAD; THENCE SOUTH 02 DEGREES 04 MINUTES 19 SECONDS EAST, 44.38 FEET TO A 5/8 INCH IRON WITH CAP STAMPED "ANA" SET FOR THE PROPOSED EAST RIGHT-OF-WAY LINE OF SAID OLD DENTON ROAD; THENCE SOUTH 06 DEGREES 38 MINUTES 06 SECONDS EAST, 36.35 FEET TO A 5/8 INCH- IRON WITH CAP STAMPED "ANA" SET FOR THE PROPOSED EAST RIGHT-OF-WAY LINE OF SAID OLD DENTON ROAD AND THE BEGINNING OF A CURVE TO THE LEFT, THENCE 84.99 FEET WITH THE ARC OF SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLt OF 65 DEGREES 21 MINUTES 38 SECONDS WITH A RADIUS OF 74.50 FEET, A TANGENT LENGTH OF 47.79 FEET AND A CHORD WHICH BEARS SOUTH 39 DEGREES 18 MINUTES 55 SLCONDS EAST, 80.45 FEET TO A 5/8 INCH IRON WITH CAP STAMPED "ANA" SET FOR THE NORTH RIGHT-OF-WAY LINE OF THOMPSON ROAD (VARIABLE WIDTH RIGHT-OF- WAY)AS RECORDED IN INSTRUMENT NUMBER D211223965, OF SAID DEED RECORDS; THENCE SOUTH 89 DEGREES 26 MINUTES 49 SECONDS WEST, 90.91 FEET WITH THE EXISTING NORTH RIGHT-OF-WAY LINE OF SAID THOMPSON ROAD TO THE EAST RIGHT-OF-WAX LINE OF SAID OLD DENTON ROAD; A.N.A.Consultants,L.L.C. Page I of 2 5000 Thompson Terrace REVISION: 10-27-14 Colleyville,TX 76034 REVISION:05-06.15 i i I N.RIVERSIDE DRIVE N.RIVERSIDE DRIVE DOE#_7236;Parcel#P 8 RIGHT-OF-WAY ACQUISITION 8200 OLD DENTON RD, P-8 FORT WORTH,TEXAS. C.C.WHYTE SURVEY,A-1611 THENCE NORTH 00 DEGREES 28 MINUTES 51 SECONDS WEST, 345.06 FEET TO THE POINT OF BEGINNING AND CONTAINING 12,576 SQUARE FEET OR 0.289 ACRES OF LAND MORE OR LESS. Note: Surveyed on the ground September 2014. Note: Bearings are relative to True North obtained from Global Positioning Satellite System (GPS) Observations, North American Datum 1983 (NAD 183), Texas State Plane Coordinate System, North Central Zone. Note: In accordance with the Texas Board of Professional Land Surveying General Rules of Procedures and Practices, 663.19(9), this "Report" consists of the Real Property Description included herein and the Map of Survey attached herewith. OF I� I (°`s>'EgTF EDWARD K.KHALIL ..,�.a....595j ..y� ... .. P I I i A.N.A.Consultants,L.L.C. Page 2 of 2 5000 Thompson Terrace REVISION: 10.27-14 Colleyville,TX 76034 REVISION:05-06-15 i NO.I ARC LEMTH I DELTA ANGLE I RAD 1lis I TANGENT I CHORD DIRECTION I CH.L. N ICI 84.99' 165-21'38' 74.50' 47.79' IS 39-18'55' E 180,45 I 1 mo I ps RICAApRDO A BANEZ INET. .V9162181 I 4 D. .rr.CT. gt Ii] a dry I N89.63'27"E F 30.27' 2d o Scale 1"=100' 1 Plu i:i'.I; I OR Vlr,8llfT4S*GrLP. VARIABLE WIDTHAIL , I �;:Y:k RIGHT OF-WAY pperCT 2 ACgUiSITION AINVESTME a'LP. ''' 12 678 SQ.FT.+/- AIL INSI.:D211298926 I a. - REMAINDER TRACT 10 D.R.T.C.T. Ii i�' VOL.14316 PG 66 r.1:71i�? D.R.T.&T, I ya 832.04'19"E Mill. WN mccowaus SURVEY a:it+�:c 802'04-19"E �e 44.38' BLUE MAPLE f3ROliP.LLC TRACT 2 I s:�s°rl;; S06'38'0WE INSL•D213412616 3%a<7%r•' 38.35' 10tl►OUVTE SURVEYD.R.T.C.T. C. C.I '' �' z,ySv;:,t; w A-Um99 I:rtrt!�a,ct::r. 1 i 1 28 -- ............ -----1-------- it _ THOMP,S;O _13Oq�___ CI�y_0F FQ yy (VI ATT Ci;WTbTH RIGHT-OF-WAY) TN81�NO D f2 1 Ea INST.#D211210876&D211153454 D.R.T.C.T. IQ Agerent Owner We We To �PSON SURVEY 9 BASEM AND RIAD NIMRI o I INST.*D208232376 Ab arent Owner w�NN T a D.R.T.C.T. RESIDENCES AT OLD �p 4a l s Teq f�•�"+r I� DENTON ROAD c CAB,A,SLIDE 12696 w lO RR.T.C.T. EDWARD K. KHALI EXHIBIT B SHOWING I P A PARCEL OF LAND s'U z SITUATED IN C. C. WHYTE SURVEY z ABSTRACT NO. 1611 s i ffm CITY OF FORT WORTH, Dater TARRANT COUNTY, TEXAS a IRS %IRON NTH CAP STAMPED . / � AMA'SET DRAM BYI A& A.N.A.CONSULTANTS,L.L.G. DATE. 10-27-14 A%k DGN. NO.9 040180-P7 5000 Thompson Tertace ao►uul r�wr�,L�o. Colleyvil,, Texu 76034 APPROVED BYI EK Office: ((819))333-9900 fiEV I SEW 05-05-15 F F.R.N 8I 1 39080955 SHT.N0.I 1 OF 1 4AIA l Rn"A ril A-40MI411+16l9Au i 1 i I i N.RIVERSIDE DRIVE N.RIVERSIDE DRIVE i DOE#_7236;Parcel#P 13 RIGHT-OF-WAY ACQUISITION 8497 OLD DENTON RD. P-13 FORT WORTH,TEXAS. W.McCOWEN SURVEY,A-999 EXHIBIT "A" 1 REAL PROPERTY DESCRIPTION BEING A PARCEL OF LAND SITUATED IN W. McCOWENS SURVEY, ABSTRACT NUMBER 999, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED AS TRACT 2, AS CONVEYED TO AIL INVESTMENT L.P., A TEXAS LIMITED PARTNERSHIP, BY DEED RECORDED IN INSTRUMENT NUMBER D211298925, DEED RECORDS, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID AIL INVESTMENT L.P. TRACT, IN THE CENTERLINE OF OLD DENTON ROAD (VARIABLE WIDTH RIGHT-OF-WAY) IN THE NORTH LINE OF A TRACT OF LAND DESCRIBED AS TRACT 2, IN DEED TO BLUE MAPLE GROUP, LLC, AS RECORDED IN INSTRUMENT NUMBER D213012615, OF SAID DEED RECORDS; THENCE SOUTH 89 DEGREES 06 MINUTES 40 SECONDS WEST, WITH THE COMMON LINE OF SAID BLUE MAPLE GROUP TRACT AND SAID AIL INVESTMENT L.P. TRACT, AT 20.15 FEET PASSING A ONE INCH IRON FOUND, IN ALL 61.03 FEET TO A 5/8 INCH IRON WITH CAP STAMPED "ANA" SET FOR THE PROPOSED WEST RIGHT-OF-WAY LINE OF SAID OLD DENTON ROAD; THENCE NORTH 00 DEGREES 26 MINUTES 24 SECONDS WEST, 494.72 FEET TO A 5/8 INCH IRON WITH CAP STAMPED "ANA" SET FOR THE PROPOSED WEST RIGHT-OF-WAY LINE OF SAID OLD DENTON ROAD IN THE NORTH LINE OF SAID AIL INVESTMENT L.P. TRACT AND THE SOUTH LINE OF MONTERRA BLVD. (VARIABLE WIDTH RIGHT-OF-WAY)AS RECORDED IN INSTRUMENT NUMBER D207079304 OF SAID DEED RECORDS; i ' I THENCE SOUTH 45 DEGREES 22 MINUTES 42 SECONDS EAST, 8.59 FEET WITH THE COMMON LINE OF { SAID AIL INVESTMENT L.P. TRACT AND SAID MONTERRA BLVD; THENCE NORTH 89 DEGREES 37 MINUTES 18 SECONDS EAST, 55.49 FEET TO THE NORTHEAST CORNER OF i SAID AIL INVESTMENT L.P. TRACT IN THE CENTERLINE OF SAID OLD DENTON ROAD; I THENCE SOUTH 00 DEGREES 22 MINUTES 42 SECONDS EAST, 488.10 FEET TO THE POINT OF BEGINNING ;III AND CONTAINING 29,953 SQUARE FEET OR 0.688 ACRES OF LAND MORE OR LESS. Note: Surveyed on the ground September 2014. Note: Bearings are relative to True North obtained from Global Positioning Satellite System (GPS) Observations, North American Datum 1983 (NAD 183), Texas State Plane { Coordinate System, North Central Zone. Note: In accordance with the Texas Board of Professional Land Surveying General Rules of i Procedures and Practices, 663.19(9), this "Report" consists of the Real Property i Description included herein and the Map of Survey attached herewith. j OFST i SOWARe K.11.KH�AALIL SURA A.N.A.Consultants,L.L.C. Page I of 1 5000 Thompson Terrace Colleyville,TX 76034 REVISION: 10.27-14 PROPOSED ROW O'DONNELL ADDITION N CAB.o,,S,L,IDE 12710 AIL 1=888 CME�NT LP, "'" 9 INSt.:0211298928 D.R:T.C.T. pp�n SDA PRO ERTalE8 LTD. MONTERRA BLVD p VARIABLE WIDTH RIGHT-OF -WAY) j Q INET.A�207013397 INSTRUMENTX10.0207079304 D.R.T.C.T. i D.Rq•C'T• S46.22142`E I 8.69' N89137'1&'E / ata 66.49' ' I Scale 1'=100' Appenmt Owner BILL MARKHAM :.8<ieB,YaAS;a INST.#208386147 D.R.T.C.T. W 0�1�/� �y/ y Icy e� :t!8'•iR%d!'��'�'•i. W W. 9A1sIC®W sms oun O a tl :91:R%r.5 4%t�;iit I A-Bff ;7;r;�;:a�:a;:al•: O , r y y4 i 0. r�x'r: i .4.7 c I 111800` VARIABLE WIDTH aJ RIGHT-OF-WAY R *roO ne8 Z ACQUISITION 8 209811 Q 20,953 8Q.FT.+/- D.R.T.C.T. �y...1(S d• a;a>�;:����': AD�arontOwner AIL MVEBTMENT LP. f'Y,r! I R�p�pINDERTRACT IO z Vit? i t�' VOL.14318 PO.88 r I D.R.T.G�.T. AILMOWner ENT,LP. iasal:a'sa%'aJa� TRACT 2 INS .D211298926 Y; C. C. WHYTE s�1101Vo7 .R.T.C.T. ' '•�' '' �!'"'= A-1A99 !i!!iR':9':'?•:ate Ina t: !: qpp r1 OF BLUE MATLDE G OUeP,LLC, 18 81.03 11 „ o;s t„�� INSD.RT.3C01�15 EXHIBIT "B . SHOWING ... ......... .. A PARCEL OF LAND EDWARD...K.a.KHAL; S I TUATED I N W. MCCOWENS SURVEY • 5951 .. ABSTRACT NO. 999 su A�`''€'9•�"" CITY OF FORT WORTH, TARRANT COUNTY, TEXAS IRS :�'waxTM CAP srAuo a-_ t M+A's[r DRAWN BY. Akk. A.N.A. CONSULTANTS,L,L,C. OATS�-10-27-14 //� DOM ND.i 040190.P13 5000 T Ifto plan t o 6034 oor o. Collayvlltq,Tars 7b034 APPROVED BYs EK Oma 1((817 335-9900 REV I SEDC Fa (F.R.NO.tOO9090033 •N0. 1 OF 1 �40110 Anwv>IAM+a OMIA+9•.l.0 PM K RIVERSIDE blk.IV)B N.RIVERSIDE DRIVE MJ3 ff 7236:PAM41#P 14 RIGHT-OF-WAY ACQUISITION 8601 (ZI)DENTON RD. P-14 FORT WORTH,TEXAS, W.MdCO*W SMWY,A-999 ZXH%BI!' -'AA ff REAL PROVIRROY DESCRIPTION PART I-. 99ING A PAKC94 OF LAND STT'0ATVQ IN W. McC6WERS 90MY, ABSTRACT NUMBER 99-9# CITY OF FORT ftATH, tA11RANT QQrJNTYf TZXASj BEING A P6kteI1pN OF THAT PERTAXX TRACT OF LAND D9SCAt131kb NO- TRACT 1( AS, CONME0 TO AIL INVE§Ti4m )k TEXAS LIMITED PARtNWHIP, PY PPED RECORDED IN INSTRUMENT NORM. D211196925, DEED RECORDS, TARRKN'ff COUKT'k., 'TEXAS, AND BEING MORE: PARTICULARLY DESCA169D BY METRS .ANP SOUNDS AS FOLLOW: 83*INNO THE NEW PROPOSED.0 AT .4 5/0 INCH IRON WITH CAP STAMPED ')ANA" .64T FOR D WEST' AIGHT-OF-WAY LINE OF OLD DENTON ROAD (VARUB .L9 WIDTH RIGHT'-Qr-WAX) 114 THE SOUTH M68 N RTHXnY LINE. Or SAID TRACT 1, 010.1.4 Willm A 5/8 INCH IRON FOUNO t0lt At4 INTERTOR. CORNER OF SAID TRACT. 1, 69ARS SOUTH 00 r)EGRE.Es oo MINUTES 03 SECONDS WAST, 32.06 FEET) THENCE NORTH 89 DEGREES 00 MINUTES 03 SECONDS MST, 27.70 FEET TO THE NORTAZAST MOST EASTERLY C6ffi49R 01r .9AIQ TRACT 1, IN THE CENTERLINE 69 EXI'ST'ING OLD DENTON ROAD (VARIABLE WtVill 97QHT-OF-WAY)i WHENCE SOUTH OQ DXGREES 22 MINUTES 44 SECONDS EAST, 845.85 FEET TO THE .460THIRAPT qQRNER Or SAID TRACT 4 IN THE .Abjktff "NE OF MONTERM BLVD, (VARIABLE WIDTH RIGJIT-OF=18AY).AS RECORDED IN INStAOMENT IqUIM15ER D207079304 OF SAID DIED RgCORDS! TRENC1 SOUTH 89 DEGREES 37 btlNUTES X6 SECONDS, WEST, 55.49 FEET WITH THE COMMON LINE OF SAID TRACT 1, AND 4AID MQNTERPLA BLVDI THENCE SOUTH 4.4 DEGREES 37 MINUTES 16 9-EgONDS WEST, 8,76 FEET WITH THE. COMMON LINN OF PAID TRACT 1, AND SAID MONTERAA 9LVD TO A 510 INCH IRON WITH CAP 8RAMPZP "ANA- SET FOR THE PROPOSED W98T R1041-OF-M.Y. LINE OF SAID OLD DENTON ROAD: 114 THE" SOUTH LINE OF SAID TRACT 1; THZ14C9 NORTH 00 6991k9tP .26 MINUTES. 24 SECONDS WEST, 519.29 FLET TQ 4 0/8 INQR IRON WIT(i CAP STAW&D ?`ANA" -5ET IN THE PROPOSED WEST LINE OF SAID OLD DENTON ROAD AND THE Bmrwim OF A CURVE 70 AXOATI THENC All) CURVE THROUGH A CENTRAL .Z. 132t3l FEET WITH, THE AM OF 8''" TO THS RIGHT ANGLE OF 09 DEGREES 36- MIMTJVV8 51 SECONDS WITH A RADIUS OF 788.50 FEET, A TANGENT LENGTH. OF 96.31 FEET AND A dROIRD I(AI.CH BEARS. NORTH 04 DEGREES. 22 "ItJUTZO 01 SECONDS EAST, 132.15 VEM tO A, 0/8 INCH. IRON WITH CAP STAMPED %'ANA- PET IN THE NEW PROPOSED WE-9T RIOAT-06'-*At LINE OF $AID OLD DENTON ROAD; THENCE NORTH 09 DEGREES 10 MINUTES 27 SECONDS EAST, 88.42 FEET TO A 518 INCH IRON WITH CAP $f)kPSD %ANA- SET IN THE PROPOSED WEST RZGHT-OF-WAY LINE OF SAID OLD DENTON AbAb AND THE OgGINNING OF A CORVE TO THt t9ftj THJWQX 67.30 FEET WITH TAR' ARC Or OAXP CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 05 DECREES 15. MINUTES $ECQNDS WITH A RADXVS OF 734.50 FEET, A AX.A.CobbVltdifitio L.L.C. Page I of 3 50QO Malmo Tfwacc CORWYAlk.TX 76034 REVISION:10-27-14 N.RIVERSIDE DRIV.9 N.RIVERSIDE DRIVE DOE#.J236;.Parcel#P 1.4 I IONT-QF-WAY ACQUISITION 8601 OLD DENTON lam. P-14 FORT WORTH,'ITS:KA$. W.McCOWEN SUAVliX,.An999 TAti'CENT L•E9C,TIi aF ..33.71 FEET AND A CHORD WHICH 13EARS NORTH 06 DEGREES 32 MINUTES 46 99COVDS EAST., 67:36 FEET TO A 5/8 INCH -IRON F]IT11 CAP STAMPED %%ANA" SET IN THE NEW PA6POS9D WEST RI.GHT-OF-WAY LINE- OP SAID OLD .QENTON I(OAD; 'IHXNCX NORTH 23 DEGREES 07 14INOTES $8 SECONDS WEST; 10.17 FELT TO A 6/0 INCH IRQN WITH CAP STAMPED "ANAL' SET ;�-N THE, PROPOSED WEST RIaH.1"-OF=WAX LINE OF SATO OLD DENTON ROAD; THENOR 8bft 44 DXQRE&S 62 MINUTES 02 •SECbND$ EAST, ,37.62 FEET TO. THE POINT ` OF BEGINNINC AND CONTAINING 46,922 SQUARE EF,gT QR 1.4077 ACRES OF LAND MORE OR LESS. i i 1 PART ;2: j BEING A !'ARCEL Or LANG SITUATED 1N W. 1401 tMNS SURVEY, ABSTRACT NUMBER 999, C171 10# FQRT WORTH, TARRANT COUNTY, TLlCAB, .$SING A PORTION OF THAT CERTAIN TRACT 6F LAVP DE$CRX)3EW AS TRACT It AS CbNVE](EP TO AIL INVESTMENT L.P., A TEXAS LxMITEb PARTNER¢HIP, BY DEED RECORbRD .LN INSTRUMENT NUMBER D211298925, DEED R1;COR0S, TARRANT 94UNTX, TEXAS? AND DEING MORE RARTICU..LART,Y DESCRIBED 13Y � METES AND BOUNDS AS F°OLt.OWS: bZQXt131NG AT A 5/8 INCH IR6N FOUND FQR THE NORTHEAST CORNER OF SAID T.PACT 1, 11� IN THE SOUTH RIGHT-OF4WAY LINE OF' NORTH- TARRANT PARKWAY (VARIABLE WIDTH 1 RIGHT-OT-WAX) AS RECORDED IN VOLUME 15819, MAGE 247, OF SAID DEED RECORDS; THENCE SOUTH 42 DF PRFED 23 MINUTES 56 SECONDS EAST, 2 .60 FEET WITH THE EASTERLY LfiNE OF $ADD TRACT 1 TO A 5/8 INCA 1ItON FQtIND/ THENCE SOUTH 09 DEGREES .94 (4I1PUTE0 58 SECONDS WEST, 2.26 FEET WITH THE EASTERLY LINE OF SAIb TAAC7 I TO A 5/8 INCH IRON WITH. CAP STAMPED "ANA" SET IN TOE NEW PROPOSED WEST AlORT-OF-Why LINE OF OLD 0E14TO14 ROAD (VARIABLE WIDTH RIGMT-OF�-WAY) FOR THE BF.GX9&14G bF A COAVkt 10 TH1} LEFT; T81tibtdt 21,33 FEET WITH THE ARC OF SAID CURVE, TO THE LEFT' THROUGH ,A CENTRAL ANGLE OF 1'f DEGREES 29 MINUTES 35 SEC6Nh3 WITH -A RADIUS OF 09.50 FEET, A TANGENT LENGTH OF 13.77 FEET AND A. CA610 011=13 'BEARS NORTH 49 DEGREES 12 MINUTES 00 $ECQNp$ WEST, 27.22 FEET TO A 5/9 YNC1L IRON WITH CAP. STAMPED "ANA" SER' IN THE NEW PROPOSED WEST RIGXTOF-WAY LINE OF SAID OLD DENTON ROAD; T.HSNCE. NORTH 57 DEGREES 59 MINtIT10 48 :SECONDS WEST, 3.35 FEET TQ ,A 5/8 IN911 IRON WITH CAP STAM09b MANAd SET IN TBN NEW PROPOSED WEST RICHT-OF-WAY LINE O!' $AI.D OLD DENTON ROAD (VAATABLF, WIDTH RIGHT-OF-WAY)AND THE SOOTH I4INE3 OF SAID NORTH TARRANT PARKWAY; A.N.A.Consultarta,I*L.G, Page 2 of 3 5000 Thompson Tattpae ColleyWIle,TX 70034 REVISION:10-27-14 N.RIVEPWIM bM13 N.RIVO$]DE V" DOE# 70� 6;.P6zta1#,P.14 FIGHT-OFMAY AQQ1V1$1U0)4 8601 Q_7,036 D ptt4TON RV. P44 FORT WQXTH TIMAS- W.N40 BY, ,W�Wsuxv * A-999 `THENCE NORTH 09 QXGR8M`9 20 WOUTES 28 SECONDS EAST, 7-0 FEET TO THE POINT OF gEOINNZNQ ;AND CONTAINING 73 OQUARE FEET OR 0.002 Or AN ACRE OF LAND NONE 09 LESS. Note: Survaydd On the ground. SePterboat 2014. N.nter Bearings aro relative to True North Obtained from. 610bA.1 Positioning Oatellite System (M) 0bqarvAtiQn9, North AmerIcan Datum 1003 (N" 183)f Tokaa State Plan* 000v iftte 6 stem# North 900tral Zone. I lRoto; in accordance wit.b. th6 Texas Board of ProfAsajonal Land gurvoyiOj oon.okal Roles of Procedqeos 4nd Practices, 66$,19(9), thin "Aopart4 04liaidta of thO RoAl Property Oasoript.ioa included herein and the Map of Survey attaohod KiiArswitb. Note: In 490ordance with the TqXad Board of Pxdfts8i0v%41 Land Surveying General AU4 %-Tho cited instruments Ois df Procedures and P�tpi;tiqvo, 663�19(7ip are not n6oasso-tkily the current ov.nqrb of the subject prdID6,tty, but are the documents ContalhiAg the descriptioAs 61 the boundariam! at Opi-Veyed. 11 4bi 90 D K.KHALIL -Wd SU A.N.A.Cqhtu1tqiv4,L.L.C. page 3.of 3 5000 TJhqolpspn Terrace REVISION?10-27-14 N�`ye ,Wrf 1011�.yy �y" NW1 _...__. � . 1'� 1Qr l�y7ry,• li Ito, _ 1N, 1'� .... ..., �� G DR7'TW RA"'IT�'ARI<WAY NORTH TARRANT PARKWAY ARI Q 1NIOTH R1OHT ORWAY) ` 210!WIDE RIO T'' P=W CITY OF FORT WORTH VqRUP4B R WIS�H 1 ` rr17Y r�F F1 WORTH V%.161119,PO,247 RIGHT-OF-WAY D206 1$88 D.R.T,Q,T. AGQ"SITION I D.R.Lhfi. M(0 ---- 32,09' X188 y'o$ 1 7 I LO Scale 1"_200' Li 60'23188."E ti0$'36'61' N2;OO jB'W. L 898.'24'S8"W �-132`360 0� L9 N67I '49"W Ta89. 1' N00"W27"IS IA.146912028"E, 7:9p' I L,C,=N04^22'01"E 88.42' tv, 132:16' r6lftr R m 001 e0ll'PRISM LP, VRIOEW10 f INSEp;•IR A,'816'9 AC¢�1.31TION R T T Rm77334.60' G1 f Oyy T033,71' C=N0�^32'48'E RAGKY• int QOI:LINS � I /8rent� 'or VOL.11 7i P0.182� 97,38 AIL TRAOT 1 T,LP, V �, •, D, 'T.R:T. 100 INSU D.R.T. 7 021 29 825 ,Men � ; AIt-17"2Q'36'' LO L=13777'' aTeM OvAner T=13:77' L.4`=N49.12'p0"W ' PR NTS D6C AP & 27:22' N q 13T'D.D2103 0670 Q'DppNNELV8 ADDITION 6A8.A,.SI�PE 12710 as P.R.TT.E T. W. 14000 A�O® $Holl ey pyre wn r 4l 9DA I 'R RE TIR LTD. INST.,}#�2�070i13'.397 9oNrclwAa�'A. 65.49" C. er. T W [8 oust Ilr19 w"naawen St)9'37'18' A.-4x94 F A Paren OwWner .4•...",�tF_ BPLL MARKHA A�hie INS ,#206366,17 EXHIBIT '"B INS'[, ED AF D Kr KW 1 I 1 .. .:Y:....,V........�.� .: $HOW 1 Na A 5951��� TWO PARCELS OF LAND s1iR� SITUATED I.N W" MCOOWN SURVEY ANSTRACT NO. 999 S1 griedr �+- CITY OF FORT "TH, [ ate TARRAW TY. TEXAS ' !'Xo +"TM CM SIMM sLr oRAyN aY1 ARA.. CONSULTANTS,L,L;C. DAT5 19- -14 Dc;N, Na. b4bteo.Paa 5000 Thompson Terrace oenutl�TMar".�,i a. ColigVillo Tues 76034 APPOMa Ve E Fox,. : (�1 33Sr9900 R�[i5E01 FNk: ($] 335-JJ54 Shff,ND,, 1 9F 1 p0908 t101�0.jId1NP11,dpt11aH1�1{Q114�O�:Qb '. i i �I 4 N.RIVERSIDE DRIVE N.RIVERSIDE DRIVE DOE#?236;Parcel#P 14-A RIGHT-OF-WAY ACQUISITION 8601 OLD DENTON RD. P-14-A FORT WORTH,TEXAS. W.McCOWEN SURVEY,A-999 I EXHIBIT "A" REAL PROPERTY DESCRIPTION BEING A PARCEL OF LAND SITUATED IN W. McCOWENS SURVEY, ABSTRACT NUMBER 999, I CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED AS TRACT 1, AS CONVEYED TO AIL INVESTMENT L.P., A TEXAS LIMITED PARTNERSHIP, BY DEED RECORDED IN INSTRUMENT NUMBER D211298925, DEED RECORDS, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY j METES AND BOUNDS AS FOLLOWS: I BXGINNING AT A 5/8 INCH IRON WITH CAP STAMPED "JACOBS" FOR AN INTERIOR CORNER OF SAID TRACT 1, IN THE WEST RIGHT-OF-WAY LINE OF OLD DENTON ROAD (VARIABLE WIDTH RIGHT-OF-WAY)) THENCE NORTH 89 DEGREES 00 MINUTES 03 SECONDS EAST, 32.06 FEET WITH THE COMMON LINE OF SAID TRACT 1, AND OLD DENTON ROAD TO THE NEW PROPOSED PART 1, OF WEST RIGHT-OF-WAY LINE OF SAID OLD DENTON ROAD; I THENCE SOUTH 06 DEGREES 52 MINUTES 02- SECONDS WEST, 37.62 FEET WITH THE NEW PROPOSED PART 1, OF WEST RIGHT-OF-WAY LINE OF SAID OLD DENTON ROAD; THENCE SOUTH 23 DEGREES 07 MINUTES 58 SECONDS WEST, 10.17 FEET OITH THE PROPOSED PART 1, OF WEST RIGHT-OF-WAX LINE OF SAID OLD DENTON ROAD FOR THE BEGINNING OFA CURVE TO THE RIGHT1 ! THENCE 67.38 FEET WITH THE ARC OF SAID CURVE TO THE RIGHT THROUGH -A CENTRAL 4 ANGLE OF 05 DEGREES 15 MINUTES 21 SECONDS WITH A RADIUS OF 734.50 FEET, A j TANGENT LENGTH OF 33.71 FEET AND A CHORD WHICH BEARS SOUTH 06 DEGREES 32 i MINUTES 46 SECONDS WEST, 67.36 FEET; -THENCE SOUTH 09 DEGREES 10 MINUTES 27 SECONDS WEST, 88.42 FEET WITH TH-E PROPOSED PART 1, OF WEST RIGHT-OF-PLAY LINE OF SAID OLD DENTON ROAD AND THE BEGINNING OF A CURVE TO THE LEFT; THENCE 132.31 FEET WITH THE ARC OF SAID CURVS'TO THE LEFT THROUGH A CENTRAL ANGLE OF 09 DEGMES 36 MINUTES 51 SECONDS WITH A RADIUS OF 788.50 FEET, A TANGENT LENGTH OF 66.31 FEET AND A CHORD WHICH BEARS SOUTH 04 DEGREES 22 MINUTES 01 SECONDS WEST, 132.15 FEET; THENCE SOUTH 00 DEGREES 26 MINUTES 24 SECONDS EAST, 3.62 FEET TO A 5/8 INCH I IRON ROD WITH CAP STAMPED '"ANA" SET IN THE PROPOSED WEST RIGHT-OF-•WAX LINE OF � SAID OLD DENTON ROAD; i THENCE SOUTH 89 DEGREES 33 MINUTES 36 SECONDS WEST, 1.52 FEET WITH THE PROPOSED WEST RIGHT-OF-WAY LINE OF SAID OLD DENTON ROAD TO A 5/8 INCH IRON ROD WITH CAP STAMPED "ANA" SET; THENCE NORTH 00 DEGREES 26 MINUTES 24 SECONDS WEST, 104.06 FEET WITH THE PROPOSED WEST RIGHT-OF-WAY LINE OF SAID OLD DENTON ROAD TO A 5/8 INCH IRON ROD WITH CAP STAMPED "ANA" SET FOR FOR THE BEGINNING OF A CURVE TO THE RIGHT; A.N.A.Consultants,L.L.C. Page I of 5000 Thompson•Terrace Colleyville,TX 76034 REVISION:03-08-16 i N.RIVERSIDE DRIVE N.RIVERSIDE DRIVE DOE* 7236;Parcel#P 14-A RIGHT-OF-WAY ACQUISITION 8601 OLD DMMN RD. P-14-A PORT WORTH,TEXAS. W.McCOWEN SURVEY,A-999 THENCE 103.96 FEET WITH THE ARC OF SAID QURVE TO THE•RIGHT THROUGH A CENTRAL ANGLE OF 07 DEGREES 31 MINUTES 49 SECONDS WITH A RADIUS OF 791.01 FEET, A TANGENT LENGTH OF 52.05 FEET AND A CHORD WHICH BEARS NORTH 03 DEGREES 19 MINUTES 30 SECONDS EAST, 103.88 FEET TO A 5/8 INCH IRON WITH CAP STAMPED "AW SET IN THE NEW PROPOSED WEST RIGHT—OF—WAY LINE OF SAID OLD DENTON ROAD FOR THE BEGINNING OF A CURVE TO THE LEFT; THENCE 44.69 FEET WITH THE ARC OF SAID CURVE TO THE LEFT THROUGH A CENTRAL ` ANGLE OF 30 DEGREES 51 MINUTES 04 SECONDS WITH A RADIUS OF 82.99 FEET, A TANGENT LENGTH OF 22.90 FEET AND A CHORD WHICH BEARS NORTH 08 DEGREES 20 MINUTES 07 SECONDS WEST, 44.15 FEET TO A 5/8 INCH IRON.WITH CAP STAMPED "ANA" SET IN THE NEW PROPOSED WEST RIGHT—OF—WAY LINE OF SAID OLD DENTON ROAD FOR THE BEGINNING OF A CURVE TO THE RIGHT; THENCE 55.81 FEET WITH THE ARC OF SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 23 DEGREES 20 MINUTES 27 SECONDS WITH A RADIUS OF 137.01 FEET, A TANGENT LENGTH OF 28.30 FEET AND A CHORD WHICH BEARS NORTH 12 DEGREES 05 MINUTES 26 SECONDS WEST, 55.43 FEET TO A 5/8 INCH IRON WITH CAP STAMPED "ANA" SET IN THE NEW PROPOSED WEST RIGHT-OF-WAY LINE OF SAID OLD DENTON ROAD; THENCE NORTH 00 DEGREES 25 MINUTES 12 SECONDS WEST, 11.82 FEET TO A 5/8 INCH IRON WITH CAP STAMPED "ANA" SET IN THE NEW PROPOSED WEST RIGHT-OF-WAY LINE OF SAID OLD DENTON ROAD/ THENCE NORTH 00 DEGREES 17 MINUTES 56 SECONDS WEST, 4.88 FEET TO A 5/6 INCH IRON WITH CAP STAMPED "ANA" SET IN THE NEW PROPOSED WEST RIGHT-OF-WAY LINE OF SAID OLD DENTON ROAD FOR THE BEGINNING OF A CURVE TO THE LEFT; THENCE 63.25 FEET WITH THE ARC OF SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 57 DEGREES 31 MINUTES 36 SECONDS WITH A RADIUS OF 63.00 FEET, A TANGENT LENGTH OF 34.58 FEET AND A CHORD WHICH BEARS NORTH 29 DEGREES 11 MINUTES 00 SECONDS WEST, 60.63 FEET TO A 5/8 INCH IRON WITH CAP STAMPED "ANA" SET IN THE NEW PROPOSED WEST RIGHT-OF-WAY LINE OF SAID OLD DENTON ROAD; THENCE NORTH 57 DEGREES 56 MINUTES 48 SECONDS WEST, 64.87 FEET TO A 5/8 INCH IRON WITH CAP STAMPED "ANA" SET IN THE NEW PROPOSED WEST RIGHT-OF-WAY LINE OF SAID OLD DENTON ROAD; THENCE NORTH 35 DEGREES 19 MINUTES 36 SECONDS WEST, 6.50 FEET TO A 5/8 INCH IRON WITH CAP STAMPED "ANA" SET IN THE NEW PROPOSED WEST RIGHT-OF-WAY LINE OF SAID OLD DENTON ROAD; THENCE NORTH 57 DEGREES 56 MINUTES 48 SECONDS WEST, 19.52 FEET TO A 5/8' INCH j IRON WITH CAP STAMPED "ANA" SET FOR THE NEW PROPOSED WEST RIGHT-OF-WAY LINE OF SAID OLD DENTON ROAD IN THE SOUTH RIGHT-OF-WAY LINE OF NORTH TARRANT PARKWAY (VARIABLE WIDTH RIGHT-OF-WAY) AS RECORDED IN VOLUME 15819, PAGE 247, OF SAID DEED RECORDS; A.N.A.ConsuUants,L.L.C. Page 2 of 3 5000 Thompson Terrace Colleyville,TX 76034 REVISION:03-08-16 i I N.RIVERSIDE DRIVE N.RIVERSIDE DRIVE DOE# 7236;Parcel#P 14 A RIGHT-OF-WAY ACQUISITION 8601 OLD DENTON RD. P-14-A FORT WORTH,TEXAS. W.McCOWEN SURVEY,A-999 THENCE NORTH 89 DEGREES 20 MINUTES 28 SECONDS EAST, 107.91 FEET WITH THE SOUTH TIGHT-OF-WAY LINE OF SAID NORTH TARRANT PARKWAY TO A 5/8 INCH IRON WITH CAP STAMPED -ANA- SET FROM WHICH A 5/8 INCH IRON ROD FOUND FOR THE NORTHEAST CORNER OF SAID TRACT 1, BEARS NORTH 89 bEGREES 20 MINUTES 28 SECONDS EAST, 7.90 FEET; 1 THENCE SOUTH 57 DEGREES 56 MINUTES 48 SECONDS EAST, 3.35 FEET WITH THE NEW EASTERLY LINE OF SAID TRACT 1, TO A 5/8 INCH IRON WITH CAP STAMPED "ANA" SET IN THE NEW PROPOSED WEST RIGHT-OF-WAY LINE OF OLD DENTON ROAD (VARIABLE WIDTH RIGHT-OF-WAY) FOR THE BEGINNING OF A CURVE. TO THE RIGHT; THENCE 27.33 FEET WITH THE ARC OF SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 17 DEGREES 29 MINUTES 35 SECONDS WITH A RADIUS OF 89.50 FEET, A TANGENT LENGTH OF 13.77 FEET AND A CHORD WHICH BEARS SOUTH 49 DEGREES 12 j MINUTES 00 SECONDS EAST, 27.22 FEET TO A 5/8 INCH IRON WITH CAP STAMPED "ANA- SET IN THE WEST RIGHT-OF-WAY LINE OF SAID OLD DENTON ROAD; THENCE SOUTH 09 DEGREES 24 MINUTES 58 SECONDS WEST, 72.28 FEET WITH WEST RIGHT-OF-WAY LINE OF SAID OLD DENTON ROAD TO THE POINT OF BEGINNING AND CONTAINING 12,071. SQUARE FEET OR 0.277 OF AN ACRE OF LAND MORE OR LESS. Note: Surveyed on the ground September 2014. Note: Bearings are relative to True North obtained from Global Positioning Satellite System (GPS) Observations, North American Datum 1983 (NAD 183), Texas State Plane Coordinate System, North Central Zone. Note: In accordance with the Texas Board of Professional Land Surveying General Rules of Procedures and Practices, 663.19(9), this "Report- consists of the Real Property Description included herein and the Map of Survey attached herewith. Note: In accordance with the Texas Board of Professional Land Surveying General Rules of Procedures and Practices, 663.19(7), "The cited instruments are not necessarily, the current owners of the subject property, but are the documents containing the descriptions of the boundaries as surveyed. 40 4 TeRF�'�y I C EDWARD K.KHALIL 4 A 5951 �� r ApQ` i SURV A N.A.Consultants,LLC. Page 3 of 3 5000 Thompson Terrace Colleyville.TX 76034 REVISION:03-08-16 1 NTP POINADDITION LOT 2 BLOCK I N UN'n C A I NORTH RIVkRSIDE SENIOR VIN_ SLIDE4814 ,or' I t 1ju QQ 02J322DD18T010 ELL NORTH TARRANT PARKWAY � (VARIABLE WIDTH RIGHT-OF-WAY) NORTH TARRAIVT PARKWAY CITY OF FORT WORTH PROPOSED (210'WIDE RIGHT OFWAY) PART 2 CITY OF FORT WORTH VOL.16819,fiG.247 Mpg t 0206191388 DRT.C.T. RIGHT OF WAYi 7 ' D�RT.0 T. ACQUIgaION N89-20-28"E 3 80.1- +!- 107.91' L8 �,t" - --- -- ----- #------ Ft r, 7 L7 Oji r L8 8 ty ; '.i. .: .. Scale 1"=200' . . . 7r ta,; 37fe22 x: ;�L10 C6 1x823'07'68"E �p < • PTRF C4� 01 i' 1017' DGI ENTE_RP�148E8 LP, ': .�;..,.. ��. �o9.1o'27'W INs16 P.T.C. 8111'9 A; ADDITIONAL s , 88.4 ' q �q 1D7i VRIOHT-OF WAY 'C3 c NO. BEARING DISTANCE ACQUISITION j L1 N80°00'0$"E 32.08' 12,071 SQ.FI.+/- C2 L2 SOD°28'24"E &BT NOO'2&24"W L3 889.331&W 1.52' 104.08' LA N00.2&12"W 11.82' Ipp t Owner , 2 RKttiY�V.COLLMIS , L5 N00.17'68'W 4.88' AppppA�rent Owner L3 VOL.11877,PG.1829 : L8 N57°56'4WW 54.87' AIL INVEST TFT,LP, D.R T.C.T. 1m�er. L7 N36.19'36"W I 8.50' INS!.'D211298926 �*I ' L8 N57.68148"W 19.52' �.R.T,C.T. i L9 857'58'48"E 3.36' PROPOSED qpp L10 809124'68"W 72.28' VARIATTBLE W,IpTH PRENTaront 83 CLmorrK& RIG QUISI�TIOI NY 18. IN8 N#Dj03�518 46.922 SQ.FT.+1 D.R T.0 T. NO. ARC LENGTH DELTA ANGLE I RADIUS TANGENT:CHORD DIRECTION CH.L. C1 57.38' 86°16121" 734.611` 33.71' 1 8 08132'46"W 87,35' C2 132.31' 09'38151' 788.60' 88.31' 8 04'22'01"W 132,16' L •�,BLOCK 1 C3 103.98' 07031'4W' T91.01 52.05' N 03°19'30"E 103,88' aDOL&I'L'S ADDITION C4 44.89' 30.51104" 82.99' 22.90' N 08.20'07'W 44,16' CAB.P,R�IDF�,12710 C6 66.81' 23120127" 137.01' 28.30' N 12'06'28"W 35AW C' C8 63.26' 67'31'38" 83.00' 34.68' N 29'11'00"W 80.83' C71 27.33' 1 17.2913W 89,60' 1 13,77' 1 8 49112'00"E I 27.22' ppare tt lwner SDA'ROP�RTIEB LTD. INET.#207013397 W. MCCOWENS SURVEY ONTERRA BLVD D.R.T.CT. A-099 ARIABL WIDTH RIGHT.OF-WAY) INSTRt�MEp N C D207079304 C. C. 1M A 9,�119P0Q1t'EY O F pp��a�llent Owner .-••""••• TF AIL INVE97MENT,L.P sr ! a• E� • d 4i �O Jc INSt 021 298925 D.R.T.C.T. !EDWARD K. KHAL i �A EXHIBIT .1610 t`� 5951 F�.. i 9,°. � a� SHOWING ti SUR v A PARCEL OF LAND SITUATED IN W.MCCOWENS SURVEY S I gned CIABSTRACT Y OF FORT WORTH Deter TARRANT COUNTY,TEAS o 'utat Wnl CM STOPM fAC sEr DRAY"BY' A.N.A.CONSULTANTS,L.L.C. DATE) 03-03-16 DOM NO.s 040180-P14-ADD 5000 Thompson Teince eor+GULTIANre,I-Lo. Colleyvlllo Texee 76034 APPROVED BYo EK OPAcet �1 335-9900 F�1/ISED� Fax: (817333-9958 SHr.ND.° 1 OF 1 F,R.No.1 800 i I i EXHIBIT 2 (See Attached I.F.Service Area D) cane+ TUNMW xw 1TIll�\lAllllL fl �\� I T- ��--•�'•�------ ��' I� §M 16 d[H[1111i 11iii III I � r X Y H�WITAC.£ TRCE PK1My ,�\ ` \`• � - ` \1 �y'1 I j I _ p7•��fl_p lt��ItI7��..- .-..__..� i///.Y,j„ �.�f�-_\�,(�.�R1 �_ ,� ��'- � �_ Jk 4A- IT 7li��IiTTT71�'mm�� ��Tfi T � � � � � \& a va f .---NORTI, TARMNT MCWY I I .• e -M TAMANT d Allianceirrexas Exhibit 2 'kffiw"exas' m �� August 2017 CO .................................. ------ r N T Z 3 CD f- m r z o NORTH TARRANT PARKWAY I ^-'nsa= I -4 I' / Vu. 7873 Pg. 1776 o I o I D.R.T,C. . i I' 1 Dos Grinros I 13036, =g. 150 D.P.T.C. r. I I I UTILITY RELOCATION — II I icky W. Co I ins Vol. 11677, Pg. 1829 UTILITY LINES D.R.T.C.T. I � , lo W Prentiss D Clary\ l a Q Vol. 6386, I a. 1692 w 0203238576 AT, INVCSTMF + I . C.R.T.C.T. D EXHIBIT 4 (See Attached Proposals and Estimates) Utility Relocation $27,750 Civil Design Proposal $100,000 Civil Installation $45,600 Oncor Overhead to Underground $101,650 Contingency 2lQO Reimbursement Cap _... 6/8/2017 P E LQT4 N LAND SOLurioNS NRD-Monterra Utility Relocation Peloton understands the project to be the preparation of dry utility relocation plans to include horizontal alignment and general vertical clearance profiles. These utilities include Oncor overhead electric service and power poles along the westerly ROW of a 1,600-1-F segment the N.Riverside Drive(fronting the Monterra development),immediately south of N.Tarrant Parkway. The primary objective of this service is to relocate existing overhead utilities into underground alignments within new easements along the eastern edge of the HWA/Monterra Drooertv. LUMP SUM-BASIC SERVICES Design Development Phase Project Coordination and Meetings $2,500.00 Supplemental Field Survey and Boundary Verification $2,000.00 Data Collection,Research,and Site Investigation $2,000.00 Preliminary Utility Relocation Plans $6,000.00 Preliminary Easement Exhibits(assume 3) $1,S00.00 Total Design Development Phase $11,500.00 Construction Documents Phase Coordination with Utility Purveyors $2,000.00 Final Utility Relocation Plans $12,500.00 Final Easement Legal Descriptions/Exhibits(assume 3) $3,000.00 Total Construction Design Phase $15,500.00 Total Estimated Fee $27,000.00 Estimated Reimbursable Expenses $750.00 REIMBURSABLE EXPENSES: The following Items shall be considered reimbursable expenses to this contract: 1. Printing/Reproduction Services 2.Travel/Mileage 3.Application and/or Review Fees 4.Sales Tax on Survey Work ASSUMPTIONS: The following assumptions apply to this proposed scope of work: 1. Client to provide associated legal documents for all Hwa property encumbrances(old and new) 2. Right of entry will be provided(as needed)to complete the proposed field services. 3. Frontier telephone overhead services currently located on the existing Oncor power poles will be relocated by the City of Fort Worth with future roadway improvements of N. Riverside Drive. 4. The extents of the project are illustrated on the attached exhibit. Page 1 of 2 NRD-Monterra Utility Relocation r: E L O T O N 6/8/2017 LAND SOLurioNS EXCLUSIONS: 1. Landscape Architectural Service(Plantings/Lighting/Irrigation) 2. Traffic Signal Design 3. Designs for other utility relocations other than specified herein,including:water,sewer,gas,etc. 4. Design of retaining walls,screening walls paved areas. 5. Geotechnical investigations or soil gradation analysis or recommendations 6. Services of other special consultants 7. Irrigation design or design of special structures not identified as standard 8. Legal descriptions or closing documents not identified in original scope 9. Structural Paving sections to be provided by others. 10. Survey Construction Staking 11. Non-standard photometric streetlight designs. 12 Zoning and/or other entitlement services/representation not listed above. Page 2 of 2 NRD-Monterra Utility Relocation 1,G00-LF Utility Relocation . # Project Extents � �� ,�rs J:M�anterra � µ w s a tho site NO 1 ; ,�r. CONATSER CONS RUC IO X, Lr" 5327 Wichita Street - P.O.Box 15448 • Fort Worth,Texas 76119 Proposal 6/8/2017 Craig S.90kade HBMrood Properties Senior Development Manager 817-224.6067 orad Line 817-903-1986 Mobile 817-224.8080 Fax cxala.schkedeORdihvood.00m Reference: RIVERSIDE ELECTRIC BUDGET Item No. I Quantity Unit Descri on I Unit Cott Cost 1 1600 LF Install(2)6"Conduits by open cut $ 38.00 $ 60,800.00 2 120 LF Install(2)6"Conduits by BORE $ 80.00 $ 9,600.00 3 2 EA Install Switch Gear Pad $ 3,460.00 $ 6,900.00 4 1600 LF Pulling Rope $ 0.75 $ 1,200.00 Proposal Total: $ 78,500.00 "•"*"*"`DOES NOT INCLUDE SURVEYING"••"""'•'""'•'•• "•""'DOES NOT INCLUDE VEGETATION""*""••""• Respectfully submitted by; Conatser Construction Brock Huggins Approved by: Name Date rm053 (817)534-1743 9 Fax(817)534-4556 www.conatserconstruction.com "wa — — m — •— r— --1 -- --- --31VC7 EN I i I-- r+r..-. n w�raKiui ��E U JN 3NIl-3NO 31nOM AH"IWIl3Md NOIIVOO-13L1 Mua WISUMU Yu.^JA.W VM .4. 2NII H31VW CCC CC 1 I ------------ 7r--;,=iT— I Iill �- I 1 , ' I I I , 1 � 1 1 toY 1 1 � 1 � lu 1 rn b allo.-_ --- ------ I r1 A CC LU OZ .3. 3N[� H31tlW I u*u>t�ae+IuaaMod e.uvlWn.loaru•mazWll�ualasw.11rlurRoN�u1 �+�`� �/ .y, ua •�wa euwwrns�r ur w rr •rr w.Ir w roa w sq wr.e:a --_71 V� _ 3PN"i-3N0 31f102!A2fdNIWil32ld A ,Y NOIIVO013H 3AINa MISi13AIN rc; o§ i IpI Jul � I x r P 1 W I .r -Ile i I raar� ` — I ----------------- I ---------------- AMAd 1NVdUVI N ■:� I ® 'f kMNd INti28VI N z IF 14 .7_ 3w � W M II N TW I I 1 y l J O I' �I W14 C9 3 ooh � ' • • o 0N .J. Wl H31VW llrlo ixNF7+Nl k13Mck!Fx•p•�:ul l�'�rf Ol 4l'9GA2�dn11>w01CuinluVAcw.(11:�bT�A EXHIBIT 5 (See Attached Oncor Easements Location Map) CO N -n Z 3 x m is o ''..�.. .._.._.._.._� .._..�_.._._�.. NORTH TARRANT PARKWAY VDDs 7,735 Pg.T1176 CD I Il, D.R.T. CD I T I � Dos Gringos Inc. vol. 13036, Pg. 15 D.R.T C.T. I II I I I I I i Ricky W. Collins Vo 11577, Pg. 1829 D.R.T,C.T, EASEMENT ---►i —+ I I Q I Q LJJ Prentiss D Clark Q Q Vo.. 6388, 'g. 1692 I0 OR.T.857E AI INVE`TMF To L� . .T,C.T D21 129892`, I Z > O Z = O'DONNEL'S 1DDITION ' UJ CAB A, SLIDE 11!10 ' I Q D081940G I D'[08 74213 Q Z P R.T.C.T, O w Q 0 DGA RD2C7R13397 LTG. JPO/ 00N >� .�/ 3D205386LL ILL 4.47M m : o �''/• FUTURE116'RIGHT-OF-WAY --- RICAPDu A. ISANE- I ' C2091 _191 r 0 EASEMENT NI �0 AIL INCE T'AES, L:' D2 1 r 2U"' 5 I : _ o I I I ALI.°I VES TRACT1eNT, fC VOL 14715 G 5b P E LOTO N EXHIBIT5 EASEMENTS LAND SOLUTIONS 9500 HILLWOOD PKWY,STE 2501 FORT WORTH,TX 7617715175.-33W JOB:HWA17098_15 DRAWN BY:JAK CHECKED BY:DP DATE:08/03/17 PAGE:1 OF 1 G-\JOB\HWA17098_Land_Dev\15_NRD Ph 5 Ut11\EX_5.dgn 8/3/2017 8128:11 AM EXHIBIT 6 (See Attached Dedication Deed) Exhibit 6 Project: N.Riverside Drive Parcel#• Doe#: 7236 Address: 8497 Old Denton Road Lot: Block: Addition: DEDICATION DEED THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § That AIL Investment, L.P., a Texas limited partnership ("Grantor"), for and in consideration of the acceptance of the terms, conditions and reservations contained herein by The City of Fort Worth, Texas, a municipal corporation of Tarrant County, Texas ("Grantee"), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Has GRANTED and CONVEYED, and by these presents does GRANT and CONVEY, unto Grantee, as a dedication for the uses set forth herein, all of that certain tract of real property situated in Tarrant County, Texas described in Exhibit "A" attached hereto and made a part hereof by reference(the "Property"). This conveyance of the Property is made and accepted subject to the following (the "Permitted Exceptions"): (i) the restrictions hereinafter set forth, (ii) the easements reserved as set forth in Exhibit "C" attached hereto and made a part hereof by reference, and (iii) all other matters of record affecting the Property that may exist as of the recordation of this instrument. Grantor shall pay all 2016 ad valorem taxes against the Property. The Property is conveyed to Grantee to be used only for the following purposes (the "Permitted Purposes"): the construction, use, maintenance, repair and reconstruction of a public roadway and for any other legal purpose, including without limitation, drainage facilities, utilities, franchises, pipelines and conduits of whatever kind or description, both publicly owned and privately owned, where permitted by Grantee. All facilities constructed on the Property, other than the public roadway, must be buried beneath the surface of the Property (the "Underground Facilities"). Appurtenances to the roadway or the Underground Facilities that cannot be installed underground but can only be installed on the surface of the Property may be installed on the surface of the Property. Temporary Facilities may be constructed on the surface of the Property or above the surface of the Property. For purposes of this deed, "Temporary Facilities" shall mean only those surface-mounted or above-ground facilities required to service projects under construction. In no event shall Temporary Facilities be installed for more than two years. Temporary Facilities shall be removed at the expense of the party that installs the Temporary Facilities. There is excepted from this conveyance and reserved unto Grantor all of the water, oil, gas and other minerals in, on or under the Property; PROVIDED, HOWEVER, THAT GRANTOR SHALL NOT EXPLORE FOR, PRODUCE OR MINE SUCH MINERALS IN ANY MANNER THAT WOULD INTERFERE WITH GRANTEE'S USE OF THE PROPERTY. Page 1 Dedication Deed The rights, options and easements retained or reserved by Grantor in this Dedication Deed shall be the property of and shall inure to the benefit of Grantor, its successors and assigns, and are not appurtenant to any tract of property (other than the Property). All provisions of this Dedication Deed applicable to Grantor and Grantee shall be applicable to their respective successors and assigns. Grantor hereby disclaims any warranty, guaranty or representation, oral or written, past, present or future, of, as, to or concerning (i) the nature and condition of the Property, including, but not limited to, the suitability thereof for any activity or use; (ii) the condition of any improvements located thereon; (iii) the compliance of the Property with any laws, rules, ordinances or regulations of any government or other body. The conveyance of the Property as provided for herein is made on an "AS IS" basis, and by its acceptance of this Deed and in consideration of the conveyances by Grantor herein, Grantee acknowledges that, except as otherwise specifically stated in this Dedication Deed, GRANTOR MAKES NO REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT IN NO WAY LIMITED TO, ANY WARRANTY OF CONDITION, HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH WARRANTIES, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE EXPRESSLY DISCLAIMED. TO HAVE AND TO HOLD the Property, subject to the Permitted Exceptions, together with all and singular the rights and appurtenances thereto in anywise belonging, unto Grantee, its successors and assigns forever; and Grantor does hereby bind itself, its successors and assigns, to WARRANT AND FOREVER DEFEND all and singular the Property, subject to the Permitted Exceptions, unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under Grantor, but not otherwise. EXECUTED this day , 2017. AIL Investment, L.P., a Texas limited partnership By: AIL GP, LLC, a Texas limited liability company, its general partner By: L.Russell Laughlin,Senior Vice President Page 2 Dedication Deed ACCEPTED ON THE TERMS AND CONDITIONS CONTAINED HEREIN: The City of Fort Worth, Texas By: Steve Cooke,Property Management Director Approved as to Form and Legality: Assistant City Attorney THE STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on this day of 2017 by L. Russell Laughlin, Senior Vice President of AIL GP, LLC, general partner of AIL Investment, L.P., a Texas limited partnership, on behalf of said limited partnership. Notary Public, State of Texas THE STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me this day of 2017, by Steve Cooke, Property Management Director of the City of Fort Worth,Texas, and by , Assistant City Attorney of the City of Fort Worth, Texas, a municipal corporation, on behalf of the City of Fort Worth, Texas. Notary Public, State of Texas Page 3 Dedication Deed GRANTEE'S ADDRESS: AFTER RECORDING, RETURN TO: The City of Fort Worth The City of Fort Worth 200 Texas Street 200 Texas Street Fort Worth, TX 76102 Fort Worth, TX 76102 Attention: Steve Cooke Attention: Steve Cooke WITH COPY TO: AIL Investment, L.P. 9800 Hillwood Parkway, Suite 300 Fort Worth, TX 76177 Attention: L. Russell Laughlin Page 4 Dedication Deed EXHIBIT "C" EASEMENTS RESERVED 1. Grantor hereby reserves a non-exclusive, assignable, free easement: (a) across and through all portions of the Property lying beneath the surface of the Property, to use such subterranean areas for any use that does not interfere with Grantee's use of the Property; (b) across and through all air space 17.5 feet above the surface of the Property, to use such air space for any use that does not interfere with Grantee's use of the Property; and (c) over and across the surface of any portion of the Property not covered by pavement for the installation and maintenance of landscaping and an underground landscape irrigation system. Grantor or Grantor's assignee, whichever entity installs any such landscaping or underground irrigation system, shall have the right and responsibility to keep such landscaping and irrigation system in good condition and repair. Grantee shall have no responsibility for any such maintenance. Grantee, at Grantor's expense, shall have the right to take such action as necessary to stop water from running on the Property from any leaks in the irrigation system that are not promptly repaired by Grantor or its assignee. 2. The easements reserved in this Exhibit "C" are easements in gross for the benefit of Grantor and its successors and assigns. 3. In connection with Grantor's reserved easements described in section 1 above, in the event Grantor desires to install improvements on, under, over, above, or through the Property, Grantor shall submit plans to Grantee for such improvements, and such plans, and the installation of improvements related thereto, shall be subject to Grantee's consent, which shall not be unreasonably withheld or delayed. Grantor or its assignee shall restore or repair any damage to the Property resulting from such use by Grantor or its assignee. 4. The person or entity (whether Grantor or an assignee of Grantor) exercising any right to install any landscaping or facilities pursuant to the easement reserved herein shall indemnify and hold Grantee harmless from and against any claims or damages (including court costs and reasonable attorneys' fees) resulting from the construction, installation, maintenance, use or existence of such landscaping or facilities except such claims or damages that result from the negligence of Grantee or its employees, agents or contractors. Notwithstanding the foregoing, Grantor shall not have any liability under this indemnity with respect to any landscaping or facilities installed by an assignee of Grantor or with respect to any landscaping or facilities assigned or conveyed by Grantor to an assignee after installation, provided that Grantor has given Grantee written notice of such assignment, by certified mail return receipt requested, at Grantee's address set forth below. Any such assignee (of whom Grantee has been notified as provided above) shall be automatically deemed to have assumed this indemnity upon such assignment and Grantor shall be deemed released therefrom. As a condition to the obligations under this indemnity, Grantee must give the indemnifying party prompt notice of any claim that may be covered by this indemnity, shall cooperate in the defense thereof, and shall not take any action, including, but not limited to, a settlement of the claim, that would adversely affect the defense of such claim without the prior written consent of the indemnifying party. The above Page 1 Exhibit C to Dedication Deed provisions do not restrict in any way the right of Grantee to bring suit under or otherwise enforce this indemnity in accordance with its terms. 5. By its acceptance of this Dedication Deed, Grantee agrees to execute such further instruments confirming or evidencing the easements reserved in this Exhibit "C" as Grantor from time to time may reasonably request, including, but not limited to, any utility easement documents used by any utility company, although such execution is not necessary for the exercise of any rights under this easement. Page 2 Exhibit C to Dedication Deed CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft Complete Nos,1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-223628 AIL Investment,LP Fort Worth,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party tot the contract for which the form is 06/14/2017 being filed. City of Fort Worth Date Ac o d ed: 3 Provide the identification number used by the governmental entity or state agency to track or identify the Contract,and provide a description of the services,goods,or other property to be provided under the contract. 8497 ROW DEV,ESCOW AGMT. Right of Way and Utility Work 4 Nature of Interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Hillwood Alliance Group,L.P. Fort Worth,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm n r p Ity of perj that th above disclosure is true and correct. LORI LYNN BOWLING _Notary Public.State of Texas Comm.Expires 10-17-2019 -. 9� Notal ID 124717681 lure of authorized agent of contracting business entity ��i BOF '�rnnN�O Y AFFIX NOTARY STAMP/SEAL ABOVE tom, C^',, Swom to and subscribed before me,by the said ��t,1Lt�}. l� this the `"� day of _, 201_,to certify which,witness my hand and seal of offill. Signature of oflMer administering oath IN Printed name of officer administering o0j Tile of officer admiMstering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 CERTIFICATE OF INTERESTED PARTIES FORM 1295 lotl Complete Nos.1.4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-224021 American Escrow Company Dallas,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which t e form is06/14/2017 being filed. City of Fort Worth Date Acknowl dged: 3 Provide the identification number used by the governmental entity or state agency to track or identity the contract,and provide a description of the services,goods,or other property to be provided under the contract. 8497 Row dev,Escrow agmt. Escrow Officer 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling intermediary American Escrow Company Dallas,TX United States X 5 Check only if there is NO Interested Party. 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. HELENWC OOTEN6u 0 d Notary Public State of Texas ID#10052907 Signature of authorized agent of contracting business entity ��„•/ °M Comm.Expires 9/30/2020 AFF Sworn lo and subscribed before me,by the said �r1 nnC� ,ro*Nk this the i ` day of �tf� 20 to certify which,witness my hand and seal of office. Ak!�� \� � �6�-,VN �, Signature of officer administering oath Printed name of officer administering oath fide of officer administering oath Forms provided by Texas Ethics Commission www,ethics,state,tx.us Version V1,0,883 City of Fort Worth, Texas Mayor and Council Communication I I DATE: Tuesday, June 20, 2017 REFERENCE NO.: LOG NAME: 21N RIVERSIDE DRIVE RIGHT-OF-WAY DEVELOPMENT ESCROWAGREEMENT SUBJECT: Authorize Execution of a Right-of-Way Development Escrow Agreement with AIL Investments, L.P., and American Escrow Company Relative to the Dedication of Fee Simple Interest in 2.044 Acres of Land Located at 8497 and 8601 Old Denton Road, and Fee Simple Interest in 0.289 Acres of Land Located at 8200 Old Denton Road and Reimbursement of Expenses in Connection with the Relocation of Oncor Electric Utility Infrastructure in an Amount Up to$275,000.00 for the North Riverside Drive Project(2014 BOND PROGRAM) (COUNCIL DISTRICT 4) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of a Right-of-Way Development Escrow Agreement with AIL Investments, L.P., and American Escrow Company relative to the dedication of fee simple interest in 2.044 acres of land out of the W. McCowen Suvey, Abstract No. 999, located at 8497 and 8601 Old Denton Road, and fee simple interest in 0.289 acres of land out of the C.C. Whyte Survey, Abstract No. 1611, located at 8200 Old Denton Road; 2. Authorize the reimbursement of expenses in connection with the relocation of Oncor Electric utility infrastructure in an Amount Up to $275,000.00 for the North Riverside Drive Project(Project No. 02272); and 3. Authorize the City Manager or his designee to execute and record the appropriate documents accepting the conveyance of fee simple interest. DISCUSSION: The 2014 Bond Program provides funding for improvements to North Riverside Drive from a two-lane roadway to a four-lane divided arterial street from North Tarrant Parkway to Old Denton Road (Project No. 02272).An Agreement has been reached with AIL Investments, L.P. (AIL), relative to the acquisition of 101,595 square feet(2.333 acres) of fee simple interest in land needed for the North Riverside Drive project. AIL has agreed to dedicate the necessary right-of-way to facilitate the construction of North i Riverside Drive between North Tarrant Parkway and Thompson Drive. In exchange for the dedication,AIL will receive credit against future transportation impact fees in the amount of$324,088.00. Additionally, under the terms of the agreement AIL will be reimbursed for the cost to relocate Oncor electrical facilities outside the future right-of-way in an amount not-to-exceed$275,000.00. The relocation of electrical facilities is required prior to construction of the roadway. Based on an independent fee appraisal, the estimated fair market value of the property interest being dedicated is$796,500.00. Below is a summary of the property interests and the corresponding estimate of fair market value. The Agreement with AIL will result in an estimated net savings for the acquisition of $197,412.00. Logname: 21N RIVERSIDE DRIVE RIGHT-OF-WAY DEVELOPMENT ESCROW AGREEME...Page 1 of 3 Address/Legal Description °f Acquisition Est.FMV I8 '8200 Old Denton Road,C.C.Whyte Survey,Abstract Right-of-Way No.1611 Easement Acres) $75.500.00 13 18497 Old Denton Road,W.McCowens Survey, Right-of-Way Abstract No.A-999 I Easement f � i 1(0.688 Acres) X180,000;00 14 (8601 Old Denton Road,W.McCowens Survey, I Right-of-Way Abstract No.A-999 Easement I r (1.079 Acres) $360,000.00 14 A 8601 Old Denton Road,W.McCowens Survey, Right-of-Way bstract No.A-999 Easement 0.277 Acres 181,000.00 TOTAL $796,500.00 1 This project is included in the 2014 Bond Program.Available resources within the General Fund will be used to provide interim financing for these expenses until debt is issued. Once debt associated with this project is sold, bond proceeds will reimburse the General Fund, in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance No. 21241-05-2014) and the subsequent actions taken by the Mayor and City Council. This project is located in COUNCIL DISTRICT 4. FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as appropriated, of I the 2014 Bond Program. FUND IDENTIFIERS (FIDs): TO Fun Department ccoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 FROM r un Department ccoun Project Program ctivity Budget Reference # moun IID ID I Year Chartfield 2 ` CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originatina Department Head: Steve Cooke (5118) Additional Information Contact: Roger Venables (6334) ATTACHMENTS 1. 1295 Form -American Escrow Company N Riverside Dr.pdf (Public) Logname: 21N RIVERSIDE DRIVE RIGHT-OF-WAY DEVELOPMENT ESCROW AGREEME...Page 2 of 3 t 2. Form 1295 AIL Investments N Riverside Dr-AIL.pdf (Public) 3. N RIVERSIDE DRIVE FID ACCT INFO-.pd f (CFW Intemal) 4. ROW 13.pdf (Public) 5. ROW 14-A.pdf (Public) 6. ROW-14.pdf (Public) 7. ROW-8.pdf (Public) 8. Site Map.pdf (Public) I Logname:21N RIVERSIDE DRIVE RIGHT-OF-WAY DEVELOPMENT ESCROW AGREEME...Page 3 of 3