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HomeMy WebLinkAboutContract 50560 D # RECEIVED N CITY SECRETARY MAR 2 7 2018 w CONTRACT NO. A CITY Or FORT WORTH C4 CIN SECRETARY o, RETAINING WALL MAINTENANCE AGREEMENT � z� t t • THIS AGREEMENT, made and entered into this D�*day of , by and between American Airlines, Inc., hereinafter referred to as "Ground Lessee", and the City of Fort Worth, hereinafter referred to as "City". WITNESSETH WHEREAS, the Ground Lessee entered into a lease agreement (the "Lease") with Dallas/Fort Worth International Airport Board, the actual owner of the certain real property located in Fort Worth, Texas, comprising approximately 268.18 acres, which is more particularly described in Exhibit "A", hereinafter called the "Property," granting, among other things, authority to enter into this Agreement; WHEREAS, the Ground Lessee is proceeding to build on and develop the Property according to the Site Plan as shown on the attached Exhibit B, hereinafter called the ("Site Plan"), which is expressly made a part hereof, as approved or to be approved by the City and the Ground Lessee provides for the construction and maintenance of a Retaining Wall Facility on a portion of the Property; and; WHEREAS, the City and the Ground Lessee, and their successors and assigns, agree that the health, safety and welfare of the residents of the City of Fort Worth, Texas require that a Retaining Wall Facility be constructed and maintained on a portion of the Property; and; WHEREAS, the City requires that a Retaining Wall Facility ("Facility") as shown on the Site Plan be constructed and adequately maintained by the Ground Lessee, its successors and assigns, the location and dimensions of which is shown on the attached Exhibit`B"; and; OFFICIAL RECORD RETAINING WALL MAINTENANCE AGREEMENT CITY SECRETARY Rev.2/1/18 FT.WORTH,TX NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows: 1. The Ground Lessee, its successors and assigns, shall adequately construct and maintain the on-site "Facility" at no expense to the City in accordance with the design specifications for the Facility, attached as Exhibit "B", and the current standards then in force and effect in the City. Adequate maintenance is herein defined as good working condition so that the Facility is performing its design functions. 2. The Ground Lessee, its successors and assigns, shall inspect the Facility and submit an inspection report to the City annually. The purpose of the inspection is to assure safe and proper functioning of the Facility. The inspection shall cover the entire Facility. Components of the Facility which need maintenance or replacement to perform their design function, shall be noted in the inspection report along with the corrective actions to be taken. 3. The Ground Lessee, its successors and assigns, hereby grants permission to the City, its authorized agents and employees, upon reasonable notice and at reasonable times, to enter upon the Property and to inspect the Facility whenever the City deems necessary. The purpose of inspection is to follow-up on reported deficiencies and/or to respond to citizen complaints. The City shall provide the Ground Lessee, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary. 4. In the event the Ground Lessee, its successors and assigns, fails to commence the correction of deficiencies within thirty (30) days of delivery by the City of an inspection report to the Ground Lessee, and thereafter complete the same within a reasonable amount of time, the City, its authorized agents and employees, upon prior reasonable written notice to Ground Lessee, may enter upon the Facility and take those steps reasonably necessary to correct the deficiencies identified in such inspection report and charge the costs of such RETAINING WALL MAINTENANCE AGREEMENT 2 Rev.2/1/18 corrective actions to the Ground Lessee, its successors and assigns. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said Facility, and in no event shall this Agreement be construed to impose any such obligation on the City, such obligation is Ground Lessee's. 5. The Ground Lessee, its successors and assigns, will perform the work necessary to keep the Facility in good working order as required under this Agreement. In the event the City pursuant to this Agreement, due to Ground Lessee's failure to perform in accordance with this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Ground Lessee, its successors and assigns, shall reimburse the City upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the City hereunder. In the event that Ground Lessee or its successors or assigns fail to pay the City for the actual costs incurred under this section, the City shall impress a lien for the costs of such work upon Ground Lessee's interest in the Lease. Such lien shall be perfected by filing in the office of the County Clerk of Tarrant County, Texas an affidavit identifying the property to be charged with such lien, stating the amount thereof, and making reference to this Agreement. 6. This Agreement imposes no liability of any kind whatsoever on the City. THE GROUND LESSEE AGREES TO HOLD THE CITY HARMLESS FROM ANY LIABILITY ARISING OUT OF THE FAILURE OF THE FACILITY TO OPERATE PROPERLY. GROUND LESSEE COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY , ITS AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ALL COSTS, EXPENSES, LOSSES, DAMAGES, CLAIMS OR CAUSES OF ACTION WHATSOEVER ARISING, OR WHICH MIGHT ARISE, ABSENT ANY WILLFUL MISCONDUCT OR GROSS NEGLIGENCE BY THE CITY, FROM THE FAILURE OF GROUND LESSEE TO MAINTAIN THE FACILITY IN ACCORDANCE HEREWITH, OR AS A RESULT OF RETAINING WALL MAINTENANCE AGREEMENT 3 Rev.2/1/18 ANY DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO (1) EROSION OF THE SOIL BELOW THE FACILITY AND ITS FOOTING, AND (2) FAILURE OF THE FACILITY AND ITS FOOTING TO OPERATE IN A MANNER CONSISTENT WITH CITY CRITERIA TO PERFORM ANY OF ITS DUTIES OR OBLIGATIONS HEREUNDER. 7. This Agreement shall be recorded among the land records of Tarrant County, Texas, and shall constitute a covenant running with the Ground Lessee's interest in the Lease, and shall be binding on the Ground Lessee, its administrators, executors, assigns, heirs and any other successors in interests, including any property owners association. 8. Notwithstanding anything to the contrary contained herein, Ground Lessee shall be released from all obligations arising hereunder after the termination of expiration of Ground Lessee's leasehold interest in the Property. Executed this4�-day of` W 2(t. Ground Lessee City City of Fort Worth ame: J eSuS 1. C ho,po, Timothy Skipworth Assistant City Manager Title : Vice President-Airport Affairs&Facilities Approve }as to Form and Legality f Ass t ity Attorne � FOR7'� . ATTEST U City Secret XA� J I,M�L �1 iF RECOIW RETAINING WALL MAINTENANCE AGREEMENT Rev.2/1/18 CITY SECRETARY FT.WORTH,TX STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on J, 20j by Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. MARIA S.SANCHEZ +: #= My Notary ID#2256490 ;N;. • Notky Public, State of Texas �rF bf%0* Expires December 19,2021 STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority on this day personally appeared M S��i pw,;r IA-\ 11 known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to methat the same is the act of mer i �� I and that e executed the same as its ut its;,- and as the act of such d for the purposes and consideration expressed in the foregoing instrument. N ary Public, State of Texas `"""" JOANNA MOORE '• Notory Public.State of Toxas '�• Comm.Expires 09.29-2010 Notary ID 12997571.2 OFFICIAL RECORD CITY SECRETARY ff.WORTH,TX RETAINING WALL MAINTENANCE AGREEMENT 6 Rev.211118 Conti-act Compliance Manager - o, to_: - ar_d a'-r:_:_`v . _,t, . 14 1 , ��r u�., ,11�1L .;llil� u11.111�•.1a��:;_1 �_ rll_ .,:��r_�aa_, .�„1,1uL_o ti11J tAl lliv i.ai ' v11 V1111i.illvv ul t11�V`vl�lll�lVl.l Ull v111v111J. De _'o-u -nt NfaP_a?-r OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX EXHIBIT "A" RETAINING WALL MAINTENANCE AGREEMENT 7 Rev.2/1/18 EXHIBIT"A" LEGAL DESCRIPTION PARCEL TO THE NORTH OF FAA BOULEVARD 70.822 ACRE TRACT BEING A 70.822 ACRE TRACT OF LAND,SITUATED IN THE VINCENT J HUTTON SURVEY, ABSTRACT NO.681 AND THE ANDREW J HUITT SURVEY,ABSTRACT NO.684,TARRANT COUNTY,TEXAS,SAID 70.822 ACRE TRACT OF LAND BEING A PORTION OF THAT CERTAIN TRACT OF LAND KNOWN AS DFW AIRPORT,COMPRISED IN PART BY A PORTION OF A 35.925 ACRE TRACT OF LAND DESCRIBED AS PLOT A—FLIGHT TRAINING ACADEMY SITE IN A DEED FROM THE CITY OF FORT WORTH TO THE DALLAS-FORT WORTH REGIONAL AIRPORT BOARD AS RECORDED IN VOLUME 6653 PAGE 863 OF THE DEED RECORD OF TARRANT COUNTY,TEXAS(DRTCT)AND A 38.25 ACRE TRACT OF LAND DESCRIBED AS THE NORTH TRACT IN DEED FROM AMERICAN AIRLINES,INC.TO DALLAS-FORT WORTH REGIONAL AIRPORT BOARD AS RECORDED IN VOLUME 6653 PAGE 870 OF THE D.R.T.C.T. SAID 70.822 ACRE TRACT OF LAND BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8 INCH IRON ROD CAPPED"DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE—NORTHING 989,860.089,EASTING 410,362.715)FOR THE POINT OF INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF STATE HIGHWAY 360 AND THE NORTH LINE OF A 2.411ACRE TRACT OF LAND, HEREAFTER REFERRED TO AS"FAA BOULEVARD", DESCRIBED AS A PARCEL FOR PUBLIC STREET USE,60 FOOT WIDE RIGHT- OF-WAY IN DEED FROM THE UNITED STATES OF AMERICA TO THE CITY OF FORT WORTH AS RECORDED IN VOLUME 5531,PAGE 89,D.R.T.C.T.THE SAME BEING THE MOST SOUTHWESTERLY CORNER OF A 2.826 ACRE TRACT OF LAND DESCRIBED AS PARCEL 4C, PART 2,RW 8002-1-4,3-21-72 IN DEED FROM THE CITY OF FORT WORTH,A MUNICIPAL CORPORATION TO THE STATE OF TEXAS AS RECORDED IN VOLUME 5561,PAGE 389 D.R.T.C.T., THENCE,LEAVING THE WEST RIGHT-OF-WAY LINE OF STATE HIGHWAY 360,ALONG AND WITH THE NORTH RIGHT-OF-WAY LINE OF SAID FAA BOULEVARD,THE FOLLOWING SIX COURSES: SOUTH 88°34'39"WEST,A DISTANCE OF 90.35,TO A 5/8 INCH IRON ROD CAPPED "DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE—NORTHING 989,857.846, EASTING 410,272.393)FOR POINT OF CURVATURE FOR A CURVE TO THE LEFT; SOUTHWESTERLY,ALONG AND WITH SAID CURVE TO THE LEFT,HAVING A RADIUS OF 775.14 FEET,A CENTRAL ANGLE OF 15°19'00",A LONG CHORD THAT BEARS SOUTH 80'55'09"WEST,206.60 FEET,AN ARC DISTANCE OF 207.22 FEET TO A 5/8 INCH IRON ROD CAPPED"DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE—NORTHING 989,825.239,EASTING 410,068.384)FOR A POINT OF TANGENCY,FROM WHICH A 5/8 INCH IRON ROD CAPPED"KHA)FOUND BEARS SOUTH 20o43'47"WEST,0.56 FEET; SOUTH 73°15'39"WEST,A DISTANCE OF 114.64 FEET TO A 5/8 INCH IRON ROD CAPPED"DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE—NORTHING 989,792.221,EASTING 409,958.602)FOR POINT OF CURVATURE FOR A CURVE TO THE RIGHT; January d,2016 Page I of 17 R:isurvey\479\479e(5\documentsA79e 15svLG04r RETAINING WALL MAINTENANCE AGREEMENT Rev.2/1118 SOUTHWESTERLY,ALONG AND WITH SAID CURVE TO THE RIGHT,HAVING A RADIUS OF 719.33 FEET,A CENTRAL ANGLE OF 15°13'00",A LONG CHORD THAT BEARS SOUTH 80o52'09"WEST,190.48 FEET,AN ARC DISTANCE OF 191.04 FEET TO A 5/8 INCH IRON ROD CAPPED"DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE—NORTHING 989,761.994,EASTING 409,770.536)FOR A POINT OF TANGENCY; SOUTH 88'287 39"WEST,A DISTANCE OF 214.05 FEET TO A 5/8 INCH IRON ROD CAPPED"DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE—NORTHING 989,756.306,EASTING 409,556.563)FOR CORNER,FROM WHICH A BRASS MONUMNET FOUND FOR THE SOUTHEAST CORNER OF A 1.2856 ACRE TRACT OF LAND DESCRIBED IN DEED FROM TARRANT LAND COMPANY TO SOUTHWESTERN BELL TELEPHONE COMPANY AS RECORDED IN VOLUME 3487,PAGE 42,D.R.T.C.T.BEARS SOUTH 18°36'02",0.61 FEET; THENCE,NORTH 01°28'41"WEST,LEAVING THE NORTH RIGHT-OF-WAY LINE OF SAID FAA BOULEVARD,ALONG AND WITH THE EAST LINE OF SAID 1.2856 ACRE TRACT OF LAND,A DISTANCE OF 279.64 FEET TO A BRASS MONUMENT FOUND(DFW SURFACE 88 COORDINATE—NORTHING 990,035.854,EASTING 409,549.351)FOR THE NORTHEAST CORNER OF A 1.2856 ACRE TRACT OF LAND; THENCE,SOUTH 88°31' 19"WEST,ALONG AND WITH THE NORTH LINE OF SAID 1.2856 ACRE TRACT OF LAND, A DISTANCE OF 200.00 FEET TO A BRASS MONUMENT FOUND (DFWW SURFACE 88 COORDINATE—NORTHING 990,030.695,EASTING 409,349.417)FOR THE NORTHWEST CORNER OF SAID 12856 ACRE TRACT OF LAND; THENCE,SOUTH 01°28'41"EAST,ALONG AND WITH THE WEST LINE OF SAID 1.2856 ACRE TRACT OF LAND, DISTANCE OF 279.80 FEET TO A POINT(DFW SURFACE 88 COORDINATE— NORTHING 989,750.992,FASTING 409,356.634)FOR CORNER,BEING ON THE NORTH RIGHT- OF-WAY LINE OF THE AFOREMENTIONED FAA BOULEVARD,FROM WHICH A BRASS MONUMENT FOUND FOR THE SOUTHWEST CORNER OF SAID 1.2856 ACRE TRACT OF LAND BEARS SOUTH 01°28'41"EAST,0.37 FEET; THENCE,SOUTH 88°28'39"WEST,ALONG AND WITH THE NORTH LINE OF SAID FAA BOULEVARD,AT A DISTANCE OF 497.97 FEET PASSING A 2 INCH IRON PIPE FOUND (RECORD MONUMENT)FOR THE MOST WESTERLY NORTHWEST CORNER OF THE AFOREMENTIONED 2.411 ACRE TRACT,THE SAME BEING THE MOST EASTERLY NORTH EAST CORNER OF A 3.09 ACRE TRACT OF LAND AS DESCRIBED IN DEED FROM AMERICAN AIRLINES,INC,A CORPORATION TO THE CITY OF FORT WORTH,AS RECORDED IN VOLUME 5416,PAGE 588 D.R.T.C.T.,AND CONTINUING ALONG AND WITH THE NORTH LINE OF SAID 3.09 ACRE TRACT OF LAND,ALSO KNOWN AS THE NORTH RIGHT-O&WAY LINE OF FAA BOULEVARD, FOR A TOTAL DISTANCE OF 1093.14 FEET TO A 5/8 INCH IRON ROD CAPPED"DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE—NORTHING 989,721.947, EASTING 408,263.878)FOR CORNER,SAID CORNER BEING THE POINT OF INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF SAID FAA BOULEVARD AND THE EAST RIGHT-OF- WAY LINE OF AMERICAN BOULEVARD,A VARIABLE WIDTH RIGHT-OF-WAY; January 4,2016 Page 2 of 17 R\survey1479\479e 15\documents\479e15xvLG04r RETAINING WALL MAINTENANCE AGREEMENT 9 Rev.2/1/18 THENCE,NORTH 01°04'49"WEST,ALONG AND WITH AN EAST LINE OF SAID 3.09 ACRE TRACT OF LAND AND THE EAST RIGHT-OF-WAY LINE OF SAID AMERICAN BOULEVARD,AT A DISTANCE OF 747.99 FEET, PASSING THE MOST NORTHERLY NORTHEAST CORNER OF SAID 3.09 ACRE TRACT OF LAND,THE SAME BEING THE MOST SOUTHERLY SOUTHEAST CORNER OF A 3.434 ACRE TRACT OF LAND DESCRIBED AS PARCEL 4B,PART 1,RW 8002-1-4, 12-29-71 AS RECORDED IN VOLUME 5474,PAGE 96,D.R.T.C.T.,AND CONTINUING ALONG AND WITH THE EASTLERLY LINE OF SAID 3.434 ACRE TRACT OF LAND AND THE EAST RIGHT-OF-WAY LINE OF SAID AMERICAN BOULEVARD FOR A TOTAL DISTANCE OF 779.49 FEET TO A 5/8 INCH IRON ROD CAPPED"DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE-NORTHING 990,501.298,EASTING 408,249.181)FOR CORNER; THENCE,ALONG AND WITH THE EAST LINE OF SAID 3.434 ACRE TRACT OF LAND AND THE EAST LINE OF SAID AMERICAN BOULEVARD,THE FOLLOWING THREE COURSES; NORTH 49°48'1 1"EAST, A DISTANCE OF 148.2I FEET TO A 5/8 INCH IRON ROD CAPPED"DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE-NORTHING 990,596.956,FASTING 408,362.389)FOR CORNER; NORTH 01'04'49"WEST, A DISTANCE OF 723.0I FEET TO A 518 INCH IRON ROD CAPPED"DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE-NORTHING 991,319.837,EASTING 408,348.757)FOR CORNER; NORTH 44°15'11"EAST, A DISTANCE OF 71.15 FEET TO A 5/8 INCH IRON ROD CAPPED"DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE-NORTHING 991,370.797,EASTING 408,398.405)FOR CORNER,BEING IN THE SOUTH LINE OF A 2.447 ACRE TRACT OF LAND DESCRIBED IN DEED FROM TARRANT LAND COMPANY TO THE STATE OF TEXAS IN DEED RECORDED IN VOLUME 4268,PAGE 657,D.R.T.C.T.,THE SAME BEING THE SOUTH RIGHT OF WAY LINE OF STATE HIGHWAY,I83,A VARIABLE WIDTH RIGHT OF WAY; THENCE,NORTH 89°27'09"EAST,ALONG AND WITH THE SOUTH LINE OF SAID 2.447 ACRE TRACT AND THE SOUTH RIGHT OF WAY LINE OF SAID STATE HIGHWAY 183,A DISTANCE OF 2I9.27 FEET TO A CONCRETE TXDOT HIGHWAY MONUNENT FOUND(DFW SURFACE 88 COORDINATE-NORTHING 991,372.893,EASTING 408,617.661)FOR THE MOST WESTERLY CORNER OF A 0.454 ACRE TRACT OF LAND,DESCRIBED AS PARCEL 4B,PART 2,RW 8002-1- 4,12-29-71 IN DEED FROM AMERICAN AIRLINES,INC,TO THE STATE OF TEXAS AS RECORDED IN VOLUME 5474,PAGE 96,D.R.T.C.T.,SAID CORNER BEING A POINT ON A NON- TANGENT CURVE TO THE RIGHT; THENCE,ALONG AND WITH THE SOUTHERLY LINE OF SAID 0.454 ACRE TRACT OF LAND AND THE SOUTH RIGHT-OF-WAY LINE OF SAID STATE HIGHWAY 183,THE FOLLOWING TWO COURSES; SOUTHEASTERLY,ALONG AND WITH SAID NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 2844.79 FEET,A CENTRAL ANGLE OF 10°05'00",A LONG CHORD THAT BEARS SOUTH 85'27'52"EAST,500.00 FEET,AN ARC DISTANCE OF 500.65 FEET TO AN ALUMINUM MONUMENT STAMPED DFW BOUNDARY FOUND (DFW SURFACE 88 COORDINATE-NORTHING 991,333.354,EASTING 409,116.096)FOR CORNER: January 4,2016 Page 3 of 17 Usurv"\479\479et 5\documcnts\479el5xvLG04r RETAINING WALL MAINTENANCE AGREEMENT 0 Rev.2/1118 SOUTH 80'25'22"EAST, AT A DISTANCE OF 205.73 FEET PASSING A 5/8 INCH IRON ROD CAPPED"DFW BOUNDARY"SET FOR THE SOUTHEAST CORNER OF SAID 0.454 ACRE TRACT,THE SAME BEING THE SOUTHWEST CORNER OF A 0.709 ACRE TRACT OF LAND,DESCRIBED AS PARCEL 4C,PART 1 RW 8002-14 1-11-72 IN DEED FROM AMERICAN AIRLINES,INC,TO THE STATE OF TEXAS,AS RECORDED IN VOLUME 5561,PAGE 389,D.R.T.C.T.,AND CONTINUNING ALONG AND WITH THE SOUTHERLY LINE OF SAID 0.709 ACRE TRACT OF LAND AND THE SOUTH RIGHT-OF-WAY LINE OF SAID STATE HIGHWAY 183 FOR ATOTAL DISTANCE OF 543.70 FEET TO A 5/8 INCH IRON ROD CAPPED"DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE- NORTHING 991,242.896,EASTING 409,652.219)FOR A POINT OF CURVATURE OF A CURVE TO THE RIGHT; THENCE SOUTHEASTERLY,ALONG AND WITH THE SOUTHERLY LINE OF SAID 0.709 ACRE TRACT OF LAND AND THE SOUTH RIGHT-OF-WAY LINE OF SAID STATE HIGHWAY 183, ALONG AND WITH SAID CURVE TO THE RIGHT,HAVING A RADIUS OF 1412.40 FEET,A CENTRAL ANGLE OF 11'03'34",A LONG CHORD THAT BEARS SOUTH 74'53'35"EAST, 272.21 FEET,AN ARC DISTANCE OF 272.63 FEET TO A CONCRETE TXDOT HIGHWAY MONUMENT FOUND(DFW SURFACE 88 COORDINATE-NORTHING 991,171.953,EASTING 409,915.018)FOR A NON-TANGENT POINT FOR THE MOST SOUTHEASTERLY CORNER OF SAID 0.709 ACRE TRACT; THENCE,SOUTH 65°50'10"EAST, CONTINUING ALONG AND WITH THE SOUTHLERLY RIGHT-OF-WAY LINE OF SAID STATE HIGHWAY 183,A DISTANCE OF 173.55 FEET TO A BRASS TXDOT HIGHWAY MONUMENT IN CONCRETE FOUND(HELD FOR ROTATION)(DFW SURFACE 88 COORDINATE-NORTHING 991,100.912,EASTING 410,073.360)FOR THE MOST NORTHERLY CORNER OF A 2.826 ACRE TRACT OF LAND,DESCRIBED AS PARCEL 4C,PART 2,RW 8002-14,3-21-72 IN DEED FROM AMERICAN AIRLINES,INC,TO THE STATE OF TEXAS, AS RECORDED IN DEED VOLUME 5561,PAGE 389,D.R.T.C.T.,SAID CORNER BEING A NON- TANGENT POINT ON A CURVE TO THE RIGHT; THENCE ALONG AND WITH THE WESTERLY LINE OF SAID 2.826 ACRE TRACT AND THE SOUTHWESTERLY RIGHT-OF WAY OF STATE HIGHWAY 183,THE SAME BEING THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 360,THE FOLLOWING SIX COURSES; SOUTHEASTERLY,ALONG AND WITH SAID CURVE TO THE RIGHT,HAVING A RADIUS OF 1412.40 FEET,A CENTRAL ANGLE OF 00'40'53",A LONG CHORD THAT BEARS SOUTH 61'58'27"EAST,16.80 FEET,AN ARC DISTANCE OF 16.80 FEET TO A 5/8 INCH IRON ROD CAPPED"DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE-NORTHING 991,093.018,EASTING 410,088.190)FOR A POINT OF COMPOUND CURVATURE OF A CURVE TO THE RIGHT; SOUTHEASTERLY,ALONG AND WITH SAID CURVE TO THE LEFT,HAVING A RADIUS OF 696.20 FEET,A CENTRAL ANGLE OF 60'50'37",A LONG CHORD THAT BEARS SOUTH 31'12'42"EAST,705.06 FEET,AN ARC DISTANCE OF 739.31 FEET TO A BRASS TXDOT HIGHWAY MONUMENT IN CONCRETE FOUND(DFW SURFACE 88 COORDINATE-NORTHING 990,490.010 EASTING 410,453.552)FOR THE POINT OF TANGENCY; SOUTH 00'47'23"EAST,A DISTANCE OF 346.90 FEET TO BRASS TXDOT HIGHWAY MONUMENT IN CONCRETE FOUND(DFW SURFACE 88 COORDINATE-NORTHING 990,143.143,EASTING 410,458.334)FOR CORNER; January 4,2016 Page 4 of 17 Usurvey\479\479e 15\documents\479e1 SxvLG04r RETAINING WALL MAINTENANCE AGREEMENT 11 Rev.2/1/18 SOUTH 04°54'37"WEST,A DISTANCE OF 100.50 FEET TO A POINT(DFW SURFACE 88 COORDINATE—NORTHING 990,043.012,EASTING 410,449.731)FOR CORNER,FROM WHICH A BRASS TXDOT HIGHWAY MONUMENT IN CONCRETE FOUND,BEARS SOUTH 59'58'15"EAST,0.70 FEET; SOUTH 00°47'23"EAST,A DISTANCE OF 135.00 FEET TO A BRASS TXDOT HIGHWAY MONUMENT IN CONCRETE FOUND(BASE HELD FOR ROTATION) (DFW SURFACE 88 COORDINATE—NORTHING 989,908.025,EASTING 410,451.592)FOR CORNER; SOUTH 61°39'37"WEST,A DISTANCE OF 100.98 FEET TO THE POINT OF BEGINNING, CONTAINING 70.822 ACRES OF LAND,MORE OR LESS. BASIS OF BEARING: DFW SURFACE 88 COORDINATES WERE ESTABLISHED USING GLOBAL POSITIONING SYSTEMS(GPS)TECHNOLOGY. THE BASIS FOR THE GPS NETWORK ARE THE MONUMENTS LISTED BELOW. DFW GEODETIC CONTROL MONUMENTS BASED ON TEXAS NORTH CENTRAL STATE PLANE NAD 83(1986). COORDINATES VALUES HAVE BEEN CONVERTED TO THE DFW SURFACE 88 SYSTEM. GPS-39 GPS-35 NORTHING 1,011,611.380 NORTHING 1,019,005.354 EASTING 411,009347 EASTING 424,704.988 COMBINED SCALE FACTOR =0.999850148 TO CONVERT DFW SURFACE 88 COORDINATES TO NAD 83 COORDINATES: (NORTHING+6,000,000)X COMBINED SCALE FACTOR=STATE PLANE COORDINATES (EASTING+2,000,000)X COMBINED SCALE FACTOR=STATE PLANE COORDINATES `` --t January 4,2016 Page 5 of 17 RAsurveyk1791479e l 5ldocumenb4479el 5xv LG04r RETAINING WALL MAINTENANCE AGREEMENT 12 Rev.2/1/18 m g 4 Iw1W�wly, � I x 1 0 o Pi mi a a - im a _ _ s S n ' u.u3u'^ � { uW olu;u uu�u mc>hru oan .3 o _ 16 w 3 2. s _ xx a !�---, yea 4 � Its"a •, g,, s - CL p r 6 Q W IL 1 ;-4 6 Vi „ I Y i wl is d � lid I - ; ww ;w ss iii-1r a I RETAINING WALL MAINTENANCE AGREEMENT 13 Rev.211!18 PARCEL IN BETWEEN FAA BOULEVARD AND TRINITY BOULEVARD 167.565 ACRE TRACT BEING A 167.565 ACRE TRACT OF LAND,SITUATED IN THE VINCENT J HUTTON SURVEY, ABSTRACT NO.681,TARRANT COUNTY,TEXAS,AND THE WILLIAM G MATTHEWS SURVEY,ABSTRACT NO. 1052,TARRANT COUNTY,TEXAS,SAID 167.565 ACRE TRACT OF LAND BEING A PORTION OF THAT CERTAIN TRACT OF LAND KNOWN AS THE DALLAS FORT WORTH INTERNATIONAL AIRPORT,COMPRISED IN PART BY THE FOLLOWING TRACTS:A PORTION OF A 45.374 ACRE TRACT OF LAND DESCRIBED AS PLOT B- STEWARDESS COLLEGE SITE IN A DEED FROM THE CITY OF FORT WORTH TO THE DALLAS-FORT WORTH REGIONAL AIRPORT BOARD AS RECORDED IN VOLUME 6653 PAGE 863 OF THE DEED RECORD OF TARRANT COUNTY,TEXAS(DRTCT)AND ALL OF LOT 1 BLOCK 2 AND LOT 1,BLOCK 3 OF THE FINAL PLAT OF BLOCKS 2 AND 3,AMERICAN AIRLINES ADDITION,AN ADDITION TO TARRANT COUNTY,TEXAS,AS RECORDED IN VOLUME 388-133 PAGE 60 OF THE PLAT RECORDS OF TARRANT COUNTY,TEXAS. SAID 167.565 ACRE TRACT OF LAND BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8 INCH IRON ROD CAPPED"DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE—NORTHING 989,800.094,EASTING 410,363.661)FOR THE POINT OF INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF STATE HIGHWAY 360,A VARIABLE WIDTH RIGHT-OF-WAY,AND THE SOUTH LINE OF A 2.411 ACRE TRACT OF LAND, HEREAFTER REFERRED TO AS"FAA BOULEVARD", DESCRIBED AS A PARCEL FOR PUBLIC STREET USE,60 FOOT WIDE RIGHT-OF-WAY 1N DEED FROM THE UNITED STATES OF AMERICA TO THE CITY OF FORT WORTH AS RECORDED IN VOLUME 5531,PAGE 89, D.R.T.C.T.THE SAME BEING THE MOST NORTHWESTERLY CORNER OF A I.861 ACRE TRACT OF LAND DESCRIBED AS PARCEL 136,RW 8002-1-24, 12-29-71 IN DEED FROM THE CITY OF FORT WORTH,A MUNICIPAL CORPORATION TO THE STATE OF TEXAS AS RECORDED IN VOLUME 5530,PAGE 221 D.R.T.C.T.,FROM WHICH A TXDOT BRASS DISK IN CONCRETE (DISTURBED)FOUND BEARS SOUTH 28-55'11"WEST,A DISTANCE OF 2.89 FEET; THENCE,LEAVING THE SOUTH RIGHT-OF-WAY LINE OF SAID FAA BOULEVARD,ALONG AND WITH THE WESTERLY RIGHT-OF-WAY LINE OF SAID STATE HIGHWAY 360 AND THE WESTERLY LINE OF SAID 1.861 ACRE TRACT,THE FOLLOWING SEVEN COURSES: SOUTH 59°57'21"EAST,A DISTANCE OF 104.84 FEET TO A TXDOT BRASS DISK IN CONCRETE FOUND(DFW SURFACE 88 COORDINATE—NORTHING 989,747.607, EASTING 4I0,454.411)FOR POINT ON A NON-TANGENT CURVE TO THE LEFT; SOUTHEASTERLY,ALONG AND WITH SAID NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 1462.40 FEET,A CENTRAL ANGLE OF 11°37'06",A LONG CHORD THAT BEARS SOUTH 0726'48"EAST,296.03 FEET,AN ARC DISTANCE OF 296.54 FEET TO A TXDOT BRASS DISK IN CONCRETE FOUND(DFW SURFACE 88 COORDINATE—NORTHING 989,454.071,EASTING 410,492.778)FOR A PONT OF TANGENCY; SOUTH 13'15'21"EAST,A DISTANCE OF 289.54 FEET A 5/8 INCH IRON ROD CAPPED "DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE—NORTHING 989,172.246, EASTING 410,559.170)FOR CORNER,FROM WHICH,AN ALUMINUM MONUMENT STAMPED DFW BOUNDARY FOUND BEARS NORTH 07°26'03"WEST,A DISTANCE OF 10.46 FEET; January 4,2016 Page 7 of 17 R asurvey\479\479e 15\documents\479e 15xv LG04r RETAINING WALL MAINTENANCE AGREEMENT 14 Rev.2/1/18 SOUTH 0526'39"WEST,A DISTANCE OF 101.64 FEET TO A 5/8 INCH IRON ROD CAPPED"DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE-NORTHING 989,071.064,EASTING 410,549.527)FOR CORNER; SOUTH 16°47'21"EAST,A DISTANCE OF 68.04 FEET TO A 5/8 INCH IRON ROD CAPPED "DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE-NORTHING 989,005.925, EASTING 410,569.180)FOR CORNER; SOUTH 37°32'21"EAST,A DISTANCE OF 57.26 FEET TO A 5/8 INCH IRON ROD CAPPED "DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE-NORTHING 988,960.521, EASTING 410,604.069)FOR CORNER FROM WHICH,AN ALUMINUM MONUMENT STAMPED DFW BOUNDARY FOUND BEARS NORTH 05°48'11"WEST,A DISTANCE OF 10.59 FEET; SOUTH 02°47'21"EAST,A DISTANCE OF 106.05 FEET TO A 5/8 INCH IRON ROD CAPPED"DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE-NORTHING 988,854.597,EASTING 410,609.229)FOR THE MOST SOUTHERLY CORNER OF SAID 1.861 ACRE TRACT,FROM WHICH,AN ALUMINUM MONUMENT STAMPED DFW BOUNDARY FOUND BEARS NORTH 03°24'05"WEST,A DISTANCE OF 10.65 FEET; THENCE,SOUTH 00°51'54"EAST,CONTINUING ALONG AND WITH WESTERLY RIGHT-OF- WAY LINE OF SAID STATE HIGHWAY 360,A DISTANCE OF 1000.00 FEET TO A 5/8 INCH IRON ROD CAPPED"DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE-NORTHING 987,854.712,EASTING 410,624.328)FOR THE MOST NORTHERLY CORNER OF A 5.403 ACRE TRACT OF LAND DESCRIBED AS PARCEL 137,RW 8002-1-24,4-7-72 AS RECORDED IN VOLUME 5268,PAGE 929,D.R.T.C.T,FROM WHICH A 1/2 INCH IRON ROD FOUND BEARS SOUTH 82°07'58"EAST,A DISTANCE OF 0.54 FEET.; THENCE,CONTINUING ALONG AND WITH THE WESTERLY RIGHT-OF-WAY LINE OF SAID STATE HIGHWAY 360 AND THE WESTERLY LINE OF SAID 5.403 ACRE TRACT,THE FOLLOWING TWELVE COURSES: SOUTH 34°10'41"WEST,A DISTANCE OF 61.03 FEET TO A 5/8 INCH IRON ROD CAPPED"DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE-NORTHING 987,804.222,EASTING 410.590.043)FOR CORNER,FROM WHICH A 5/8 INCH IRON ROD FOUND BEARS SOUTH 82°40'23"EAST,A DISTANCE OF 0.63 FEET; SOUTH 00'48'19"EAST,A DISTANCE OF 150.00 FEET TO A 5/8 INCH IRON ROD CAPPED"DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE-NORTHING 987,654.237,EASTING 410,592.151)FOR CORNER; SOUTH 14°50'19"EAST,A DISTANCE OF 103.08 FEET TO A 5/8 INCH IRON ROD CAPPED"DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE-NORTHING 987,554.595,EASTING 410,618.550)FOR CORNER; SOUTH 00'48'19"EAST,A DISTANCE OF 100.00 FEET TO A 5/8 INCH IRON ROD CAPPED"DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE-NORTHING 987,454.605,EASTING 410,619.955)FOR CORNER,FROM WHICH A 5/8 INCH IRON ROD FOUND BEARS NORTH 86°54'05"EAST,A DISTANCE OF 0.30 FEET; January 4,2016 Page 8 of 17 UsurveyW 79\479e l 5\documencs\479e 15avLG04r RETAINING WALL MAINTENANCE AGREEMENT 15 Rev.2/1/18 SOUTH 15'53'41"WEST,A DISTANCE OF 104.40 FEET TO A 5/8 INCH IRON ROD CAPPED"DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE-NORTHING 987,354.196,FASTING 410,591.363)FOR CORNER,FROM WHICH A 5/8 INCH IRON ROD FOUND BEARS NORTH 51°10'59"EAST,A DISTANCE OF 0.32 FEET SOUTH 02'31'41"WEST,A DISTANCE OF 601.02 FEET TO A 5/8 INCH IRON ROD CAPPED"DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE-NORTHING 986,753.761,EASTING 410,564.852)FOR CORNER,FROM WHICH A ONE INCH IRON ROD FOUND BEARS NORTH 71°49'05"EAST,A DISTANCE OF 3.05 FEET; SOUTH 01°05'41"WEST,A DISTANCE OF 300.17 FEET TO AN ALUMINUM MONUMENT STAMPED DFW BOUNDARY FOUND (DFW SURFACE 88 COORDINATE-NORTHING 986,453.646,FASTING 410,559.116)FOR CORNER; SOUTH 02°57'41"WEST,A DISTANCE OF 182.83 FEET TO AN ALUMINUM MONUMENT STAMPED DFW BOUNDARY FOUND(DFW SURFACE 88 COORDINATE-NORTHING 986,271.060,FASTING 410,549.670)FOR CORNER; SOUTH 43°25'41"WEST,A DISTANCE OF 73.34 FEET TO A 5/8 INCH IRON ROD CAPPED"DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE-NORTHING 986,217.798,EASTING 410,499.253)FOR CORNER; SOUTH 8615'41"WEST,A DISTANCE OF 119.85 FEET TO A 5/8 INCH IRON ROD CAPPED"DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE-NORTHING 986,209.983,EASTING 410,379.658)FOR CORNER; NORTH 82'01'19"WEST,A DISTANCE OF 372.53 FEET TO AN ALUMINUM MONUMENT STAMPED DFW BOUNDARY FOUND(DFW SURFACE 88 COORDINATE- NORTHING 986,261.689,EASTING 410,010.734)FOR CORNER; SOUTH 87°48'41"WEST,A DISTANCE OF 100.67 FEET TO A 5/8 INCH IRON ROD CAPPED"DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE-NORTHING 986,257.844,EASTING 409,910.139)FOR THE MOST WESTERLY NORTHWEST CORNER OF THE SAID 5.403 ACRE TRACT,SAID CORNER BEING IN THE NORTH RIGHT-OF- WAY OF TRINITY BOULEVARD,A VARIABLE WIDTH ROW,FROM WHICH,A 12 INCH IRON ROD FOUND BEARS SOUTH 78'52'11"WEST,A DISTANCE OF I.58 FEET; THENCE,ALONG AND WITH THE NORTH RIGHT-OF-WAY LINE OF SAID TRINITY BOULEVARD,THE FOLLOWING SIX COURSES: NORTH 84'09'12"WEST,A DISTANCE OF 245.37 FEET TO AN ALUMINUM MONUMENT STAMPED DFW BOUNDARY FOUND(DFW SURFACE 88 COORDINATE- NORTHING 986,282.839,EASTING 409,666.047)NON-TANGENT POINT ON A CURVE TO THE RIGHT; NORTHWESTERLY,ALONG AND WITH SAID NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 1372.00 FEET,A CENTRAL ANGLE OF 04°21'20",A LONG CHORD THAT BEARS NORTH 70'4 I'15"WEST,104.27 FEET,AN ARC DISTANCE OF 104.30 FEET TO AN ALUMINUM MONUMENT STAMPED DFW BOUNDARY FOUND (DFW SURFACE 88 COORDINATE-NORTHING 986,317.323,FASTING 409,567.645)FOR A POINT OF TANGENCY; January 4,2016 Page 9 of 17 RAsurvcy\479\479e 15\doeumcnts\479e 15xvLG04r RETAINING WALL MAINTENANCE AGREEMENT 16 Rev.2/1/18 NORTH 68°30'35"WEST,A DISTANCE OF 14634 FEET TO AN ALUMINUM MONUMENT STAMPED DFW BOUNDARY FOUND(DFW SURFACE 88 COORDINATE- NORTHING 986,370.933,FASTING 409,431.482)TO A POINT OF CURVATURE OF A CURVE TO THE LEFT; SOUTHWESTERLY,ALONG AND WITH SAID CURVE TO THE LEFT,HAVING A RADIUS OF 1428.00 FEET,A CENTRAL ANGLE OF 54°27'23",A LONG CHORD THAT BEARS SOUTH 84°15'44"WEST, 1306.72 FEET,AN ARC DISTANCE OF 1357.23 FEET TO A 5/8 INCH IRON ROD CAPPED"DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE-NORTHING 986,240.289,EASTING 408,131.308)FOR A POINT OF TANGENCY,FROM WHICH A 5/8 INCH IRON ROD CAPPED"K.H.A"FOUND BEARS NORTH 05°06'34"EAST,A DISTANCE OF 0.57 FEET; SOUTH 57°02'02"WEST,A DISTANCE OF 60.95 FEET TO A 5/8 INCH IRON ROD CAPPED"DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE-NORTHING 986,207.121,EASTING 408,080.169)FOR CORNER,FROM WHICH A 5/8 INCH IRON ROD CAPPED"K.H.A"FOUND BEARS NORTH 10°43'44"WEST,A DISTANCE OF 0.87 FEET; SOUTH 88°43'45"WEST,A DISTANCE OF 153.09 FEET TO A 5/8 INCH IRON ROD CAPPED"DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE-NORTHING 986,203.726,EASTING 407,927.116)FOR CORNER,BEING THE POINT OF INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF SAID TRINITY BOULEVARD AND THE EAST RIGHT-OF-WAY LINE OF AMERICAN BOULEVARD,A VARIABLE WIDTH ROW,SAID CORNER BEING A NON-TANGENT POINT ON A CURVE TO THE RIGHT,FROM WHICH A 5/8 INCH IRON ROD CAPPED"K.H.A."FOUND BEARS NORTH 40°10'59"WEST,A DISTANCE OF 1.22 FEET; THENCE,ALONG AND WITH THE EASTERLY RIGHT-OF-WAY LINE OF SAID AMERICAN BOULEVARD,THE FOLLOWING SIX COURSES: NORTHWESTERLY,ALONG AND WITH SAID NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 700.00 FEET,A CENTRAL ANGLE OF 22-23'16",A LONG CHORD THAT BEARS NORTH 11°27'24"WEST,271.78 FEET,AN ARC DISTANCE OF 273.52 FEET TO A 5/8 INCH IRON ROD CAPPED"DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE-NORTHING 986,470.092,EASTING 407,873.133)FOR A POINT OF TANGENCY,FROM WHICH,AN ALUMINUM MONUMENT STAMPED DFW BOUNDARY FOUND BEARS NORTH 32°12'30"WEST,A DISTANCE OF 1.51 FEET; NORTH 00°15'58"WEST,A DISTANCE OF 559.75 FEET TO A 5/8 INCH IRON ROD CAPPED`DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE-NORTHING 987,029.831,EASTING 407,870.533)FOR POINT OF CURVATURE OF A CURVE TO THE RIGHT; NORTHWESTERLY,ALONG AND WITH SAID CURVE TO THE RIGHT,HAVING A RADIUS OF 1270.00 FEET,A CENTRAL ANGLE OF 24059'49",A LONG CHORD THAT BEARS NORTH 12014'09"EAST,549.69 FEET,AN ARC DISTANCE OF 554.07 FEET TO A 5/8 INCH IRON ROD CAPPED"DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE-NORTHING 987,567.032,EASTING 407,987.033)FOR A POINT OF TANGENCY,FROM WHICH,AN ALUMINUM MONUMENT STAMPED DFW BOUNDARY FOUND BEARS NORTH 06°02'41"WEST,A DISTANCE OF 0.76 FEET; January 4,2016 Page 10 of 17 RAsurvey\479\479e t 5\documcnts\479e15xvLG04r RETAINING WALL MAINTENANCE AGREEMENT 7 Rev.2/1/18 NORTH 23°56'04"EAST,A DISTANCE OF 45254 FEET(429.79 FEET RECORD)TO A 5/8 INCH IRON ROD CAPPED"DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE— NORTHING 987,980.657,EASTING 408,170.624)FOR POINT OF CURVATURE OF A CURVE TO THE RIGHT,FROM WHICH,AN ALUMINUM MONUMENT STAMPED DFW BOUNDARY FOUND BEARS SOUTH 23o47'12"EAST,A DISTANCE OF 22.05 FEET; NORTHEASTERLY,ALONG AND WITH SAID CURVE TO THE RIGHT,HAVING A RADIUS OF 1344.00 FEET,A CENTRAL ANGLE OF 25°00'53"(29°49'19"RECORD),A LONG CHORD THAT BEARS NORTH 11'25'37"EAST,582.13 FEET,AN ARC DISTANCE OF 586.78 FEET(605.71 FEET RECORD)TO A 5/8 INCH IRON ROD CAPPED"DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE—NORTHING 988,551.246, EASTING 408,285.955)FOR A POINT OF TANGENCY,FROM WHICH,AN ALUMINUM MONUMENT STAMPED DFW BOUNDARY FOUND BEARS SOUTH 09°14'35"WEST,A DISTANCE OF 3.10 FEET; NORTH 01°04'49"WEST,A DISTANCE OF 271.06 FEET(275.48 FEET RECORD)TO A 5/8 INCH IRON ROD CAPPED"DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE— NORTHING 988,822.254,EASTING 408,280.844)FOR THE SOUTHWEST CORNER OF A 9.07 ACRE TRACT OF LAND DESCRIBED AS SOUTH TRACT IN DEED FROM AMERICAN AIRLINES,INC.TO THE DALLAS FORT WORTH REGIONAL AIRPORT BOARD AS RECORDED IN VOLUME 6653,PAGE 870,D.R.T.C.T.; THENCE,NORTH 88°22'57"EAST,LEAVING THE EAST RIGHT-OF-WAY LINE OF SAID AMERICAN BOULEVARD,ALONG AND WITH THE SOUTH LINE OF SAID 9.07 ACRE TRACT OF LAND,A DISTANCE OF 471.06 FEET TO A 5/8 INCH IRON ROD CAPPED"DFW BOUNDARY" SET(DFW SURFACE 88 COORDINATE—NORTHING 988,835.549,EASTING 408,751,717)FOR THE SOUTHEAST CORNER OF A SAID 9.07 ACRE TRACT OF LAND,THE SAME BEING THE SOUTHWEST CORNER OF A 2.411 ACRE TRACT OF LAND DESCRIBED IN DEED FROM THE CITY OF FORT WORTH TO THE UNITED STATES OF AMERICA AS RECORDED IN VOLUME 5531,PAGE 86,D.R.T.C.T.; THENCE,NORTH 88°51737"EAST,ALONG AND WITH THE SOUTH LINE OF SAID 2.411 ACRE TRACT OF LAND,A DISTANCE OF 125.00 FEET TO A 5/8 INCH IRON ROD CAPPED"DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE—NORTHING 988,838.036,EASTING 408,876.692)FOR THE SOUTHEAST CORNER OF A SAID 2.411 ACRE TRACT OF LAND,THE SAME BEING THE SOUTHWEST CORNER OF A 13.43 ACRE TRACT OF LAND DESCRIBED IN A JUDGEMENT STYLED UNITED STATES OF AMERICA VS THE TARRANT LAND COMPANY, ET.AL.,CAUSE NUMBER 10719-2725,UNITED STATES DISTRICT COURT FOR NORTHERN DISTRICT OF TEXAS,DATED FEBRUARY 16, 1960 AS RECORDED IN VOLUME 3416,PAGE 598, D.R.T.C.T.; THENCE,NORTH 88°51'37"EAST,ALONG AND WITH THE SOUTH LINE OF SAID 13.43 ACRE TRACT OF LAND,A DISTANCE OF 650.00 FEET TO A 5/8 INCH IRON ROD CAPPED"DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE—NORTHING 988,850.965,EASTING 409,526.563)FOR THE SOUTHEAST CORNER OF SAID 13.43 ACRE TRACT OF LAND; THENCE,NORTH 01°08'23"WEST,ALONG AND WITH THE EAST LINE OF SAID 13.43 ACRE TRACT OF LAND,A DISTANCE OF 844.24 FEET TO A 5/8 INCH IRON ROD CAPPED"DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE—NORTHING 989,695.041,EASTING 409,509.770)FOR CORNER,BEING IN THE SOUTH RIGHT-OF-WAY LINE OF THE AFOREMENTIONED FAA BOULEVARD,A 60 FOOT RIGHT-OF-WAY; January 4,2016 Page I I of 17 R:lsurvey\4791479e 15ldocuments\479e 15xvLG04r RETAINING WALL MAINTENANCE AGREEMENT 8 Rev.2/1/18 THENCE,ALONG AND WITH THE SOUTH RIGHT-OF-WAY LINE OF SAID FAA BOULEVARD, THE FOLLOWING FIVE COURSES: NORTH 88°28'39"EAST,A DISTANCE OF 262.45 FEET TO A 5/8 INCH IRON ROD CAPPED"DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE—NORTHING 989,702.015,EASTING 409,772.130)FOR THE POINT OF CURVATURE OF A CURVE TO THE LEFT,FROM WHICH A 5/8 INCH IRON ROD CAPPED"K.H.A."FOUND BEARS SOUTH 27°33'00"WEST,A DISTANCE OF 0.47 FEET,AND 5/8 INCH IRON ROD FOUND BEARS SOUTH 63°47'37"WEST,A DISTANCE OF 1.02 FEET; NORTHEASTERLY,ALONG AND WITH SAID CURVE TO THE LEFT,HAVING A RADIUS OF 779.33 FEET,A CENTRAL ANGLE OF 15°13'00",A LONG CHORD THAT BEARS NORTH 80°52'09"EAST,206.37 FEET,AN ARC DISTANCE OF 206.98 FEET TO A 5/8 INCH IRON ROD CAPPED"DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE—NORTHING 989,734.763,EASTING 409,975.883)FOR A POINT OF TANGENCY; NORTH 73°15'39"EAST,A DISTANCE OF 114.64 FEET TO A 5/8 INCH IRON ROD CAPPED"DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE—NORTHING 989,767.782,EASTING 410,085.665)FOR THE POINT OF CURVATURE OF A CURVE TO THE RIGHT,FROM WHICH A 5/8 INCH IRON ROD CAPPED"K.H.A."FOUND BEARS SOUTH 20°45'51"WEST,A DISTANCE OF 0.57 FEET: NORTHEASTERLY,ALONG AND WITH SAID CURVE TO THE RIGHT,HAVING A RADIUS OF 715.14 FEET,A CENTRAL ANGLE OF 15-19'00".A LONG CHORD THAT BEARS NORTH 80°55'09"EAST,190.61 FEET,AN ARC DISTANCE OF 191.18 FEET TO A 5/8 INCH IRON ROD CAPPED"DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE—NORTHING 989,797.865,EASTING 410,273.883)FOR A POINT OF TANGENCY,FROM WHICH A 5/8 INCH IRON ROD FOUND BEARS SOUTH 47°35'47" WEST,A DISTANCE OF 1.30 FEET; NORTH 88°34'39"EAST,A DISTANCE OF 89.81 FEET TO THE POINT OF BEGINNING, AND CONTAINING 167.565 ACRES OF LAND,MORE OR LESS. BASIS OF BEARING: DFW SURFACE 88 COORDINATES WERE ESTABLISHED USING GLOBAL POSITIONING SYSTEMS(GPS)TECHNOLOGY. THE BASIS FOR THE GPS NETWORK ARE THE MONUMENTS LISTED BELOW. DFW GEODETIC CONTROL MONUMENTS BASED ON TEXAS NORTH CENTRAL STATE PLANE NAD 83(1986). COORDINATES VALUES HAVE BEEN CONVERTED TO THE DFW , QF ? SURFACE 88 SYSTEM. � < •°'••<�� .c`�_ ST- GPS-39 GPS-35 NORTHING 1,011,611.380 NORTHING 1,019,005.354 ••(� �e .;i Vi.IO:'s?I EASTING 411,009.347 EASTING 424,704.988 •.•••< , COMBINED SCALE FACTOR =0.999850148 , q� oJ1•<• c° TO CONVERT DFW SURFACE 88 COORDINATES TO NAD 83 COORDINATES: (NORTHING+6,000,000)X COMBINED SCALE FACTOR=STATE PLANE COORDINATES �� (EASTING+2,000,000)X COMBINED SCALE FACTOR=STATE PLANE COORDINATES January 4,2016 Page 12 of 17 R:\curvey\47%479el51documents\479e(SxvLG04r RETAINING WALL MAINTENANCE AGREEMENT 9 Rev.2/1/18 �5,: sxxx'al wPIxFMx`I"s�s rC 5Si5I ar S 8" 5x gin Y is �. t ti 1f;A xyi t A ; oar 3 o0 i5 m F asp `c 3 3� x t� t I ✓v Si� ., �., 1 N" o tidy. i L 4�!>tF I: ti�a i t •J i l�S�ltL:i iii- ` �a: i _ I a� �'-5Igal� HI el5'� rFli 4�L.I I I�. i r� IF�IFI I E"I I• a c F M a x a:F8 xx z c f(easa _._sy a q s! I g i I I N in I RETAINING WALL MAINTENANCE AGREEMENT 20 Rev.2/1/18 PARCEL TO THE SOUTH OF TRINITY BOULEVARD 29.790ACRE TRACT BEING A 29.790ACRE TRACT OF LAND SITUATED IN THE J.BURNETT SURVEY,ABSTRACT NUMBER 178,TARRANT COUNTY,TEXAS,AND SAID 29.790ACRE TRACT BEING A PORTION OF THAT CERTAIN TRACT OF LAND KNOWN AS DALLAS/FORT WORTH INTERNATIONAL AIRPORT,COMPRISED IN PART BY A 34.803 ACRE TRACT OF LAND DESCRIBED AS SOUTH TRACT IN A DEED FROM AMERICAN AIRLINES,INC TO THE DALLAS-FORT WORTH REGIONAL AIRPORT BOARD AS RECORDED IN VOLUME 6653,PAGE 856 OF THE DEED RECORDS OF TARRANT COUNTY,TEXAS(DRTCT);SAID 29.790ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT A 1/2 INCH IRON ROD CAPPED`BRITTAIN CRAWFORD"FOUND(DFW SURFACE 88 COORDINATE-NORTHING 986,041.317,EASTING 410,212.732)FOR THE NORTHEAST CORNER OF LOT 2,BLOCK I OF THE TRINITY/360 ADDITION,AN ADDITION TO THE CITY OF FORT WORTH,TARRANT COUNTY,TEXAS,AS RECORDED IN CABINET A, SLIDE 2590 OF THE PLAT RECORDS OF TARRANT COUNTY,TEXAS,SAID CORNER BEING IN THE SOUTH RIGHT-OF-WAY LINE OF TRINITY BOULEVARD(A VARIABLE WIDTH ROW); THENCE,SOUTH 78o57'I0"EAST,ALONG AND WITH THE SOUTH RIGHT-OF-WAY LINE OF SAID TRINITY BOULEVARD,A DISTANCE OF 172.94 FEET TO A 5/8 INCH IRON ROD WITH A BRASS CAP STAMPED"DFW INTERNATIONAL.AIRPORT BOUNDARY"SET(DFW SURFACE 88 COORDINATE-NORTHING 986,008.179,EASTING 410,382.468)FOR CORNER,SAID CORNER BEING AN ANGLE POINT IN THE WESTERLY LINE OF A 5.403 ACRE TRACT OF LAND DESCRIBED A PARCEL 137,RW 8002-1-24,4-7-72 IN DEED FROM THE CITY OF FORT WORTH TO THE STATE OF TEXAS AS RECORDED IN VOLUME 5268,PAGE 929,D.R.T.C.T., SAID CORNER ALSO BEING IN THE WESTERLY RIGHT-OF-WAY OF STATE HIGHWAY 360; THENCE,ALONG AND WITH THE WESTERLY RIGHT OF LINE OF SAID STATE HIGHWAY 360 THE FOLLOWING TEN COURSES: SOUTH 89'53' 19"EAST,ALONG AND WITH THE WESTERLY LINE OF SAID 5.403 ACRE TRACT,A DISTANCE OF 125.34 FEET TO A POINT(DEW SURFACE 88 COORDINATE-NORTHING 986,007.935,EASTING 410,507.807)FOR CORNER; SOUTH 48°40'19"EAST,CONTINUING ALONG AND WITH THE WESTERLY LINE OF SAID 5.403 ACRE TRACT,A DISTANCE OF 75.22 FEET TO A POINT(DEW SURFACE 88 COORDINATE-NORTHING 985,958.262,EASTING 410,564.293)FOR CORNER; SOUTH 07'26'19"EAST,CONTINUING ALONG AND WITH THE WESTERLY LINE OF SAID 5.403 ACRE TRACT,A DISTANCE OF 11.89 FEET TO A 5/8 INCH CAPPED IRON ROD STAMPED"DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE-NORTHING 985,946.472,EASTING 410,565.832)FOR CORNER; SOUTH 17°41'33"EAST,LEAVING THE WESTERLY LINE OF SAID 5.403 ACRE TRACT, A DISTANCE OF 62.26 FEET TO A POINT(DFW SURFACE 88 COORDINATE- NORTHING 985,887.153,EASTING 410,584.755)FOR THE MOST NORTHWESTERLY CORNER OF A 0.640 ACRE TRACT OF LAND,DESCRIBED AS PART 2,PARCEL 138,RW 8002-I-24,3-7-72,IN DEED FROM THE CITY OF FORT WORTH TO THE STATE OF TEXAS AS RECORDED IN VOLUME 5268,PAGE 914,D.R.T.C.T.; January 4,2016 Page 14 of 17 R:lsurvevt479W 79e l 5\documcnts\479e 15xvLG04r RETAINING WALL MAINTENANCE AGREEMENT 2 Rev.2/1/18 SOUTH 27°10'42"EAST,ALONG AND WITH THE WESTERLY LINE OF SAID 0.640 ACRE TRACT OF LAND,A DISTANCE OF 81.25 FEET TO AN ALUMINUM MONUMENT STAMPED DFW BOUNDARY FOUND(DFW SURFACE 88 COORDINATE-NORTHING 985,814.873,EASTING 410,621.867)FOR CORNER; SOUTH 11'25'38"EAST,CONTINUING ALONG AND WITH THE WESTERLY LINE OF SAID 0.640 ACRE TRACT OF LAND,A DISTANCE OF 108.72 FEET TO AN ALUMINUM MONUMENT STAMPED DFW BOUNDARY FOUND(DFW SURFACE 88 COORDINATE- NORTHING 985,708.309,FASTING 410,643.407)FOR CORNER; SOUTH 1325'38"EAST,CONTINUING ALONG AND WITH THE WESTERLY LINE OF SAID 0.640 ACRE TRACT OF LAND,A DISTANCE OF 108.72 FEET TO AN ALUMINUM MONUMENT STAMPED DFW BOUNDARY FOUND(DFW SURFACE 88 COORDINATE- NORTHING 985,602.560,EASTING 410,668.653)FOR CORNER; SOUTH 35°40'38"EAST,CONTNUING ALONG AND WITH THE WESTERLY LINE OF SAID 0.640 ACRE TRACT OF LAND,A DISTANCE OF 227.49 FEET TO AN ALUMINUM MONUMENT STAMPED DFW BOUNDARY FOUND(DFW SURFACE 88 COORDINATE- NORTHING 985,417.767,EASTING 410,801.329)FOR A POINT ON A NON-TANGENT CURVE TO THE LEFT,- SOUTHEASTERLY, EFT;SOUTHEASTERLY,LEAVING THE WESTERLY LINE OF SAID 0.640 ACRE TRACT OF LAND,ALONG AND WITH SAID NON-TANGENT CURVE TO THE LEFT,HAVING A RADIUS OF 3039.79 FEET,A CENTRAL ANGLE OF 1 lo58'00",AND A LONG CHORD BEARING SOUTH 2413'55"EAST,633.73 FEET,AN ARC DISTANCE OF 634.88 FEET TO A 5/8 INCH CAPPED IRON ROD STAMPED"DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE-NORTHING 984,839.874,EASTING 411,061.432)FOR POINT OF NON- TANGENCY,FROM WHICH A 1"IRON ROD FOUND BEARS NORTH 85°11.22"WEST,A DISTANCE OF 1.1 I FEET SOUTH 30°10'59"EAST,A DISTANCE OF 460.67 FEET TO A ONE INCH IRON ROD FOUND(DFW SURFACE 88 COORDINATE-NORTHING 984,441.660,FASTING 411,293.041)THE SOUTHEAST CORNER OF THE AFOREMENTIONED 34.803 ACRE TRACT OF LAND,SAID CORNER BEING IN THE NORTH RIGHT OF WAY LINE OF A RAILROAD RIGHT-OF-WAY DESCRIBED AS TRACT 1 IN DEED FROM WILLIAM M. GIBBONS,TRUSTEE OF THE PROPERTY OF THE CHICAGO,ROCK ISLAND AND PACIFIC RAILROAD TO THE CITY OF FORT WORTH AND THE CITY OF DALLAS AS RECORDED IN VOLUME 7726,PAGE 1848,D.R.T.C.T.,SAID CORNER ALSO BEING A POINT ON A NON-TANGENT CURVE TO THE LEFT; THENCE SOUTHWESTERLY,LEAVING THE WESTERLY RIGHT OF WAY OF SAID STATE HIGHWAY 360,ALONG AND WITH THE NORTHERLY RIGHT-OF-WAY LINE OF SAID RAILROAD RIGHT-OF-WAY AND SAID NON-TANGENT CURVE TO THE LEFT,HAVING A RADIUS OF 11,609.16 FEET,A CENTRAL ANGLE OF 05°18'07",AND A LONG CHORD BEARING SOUTH 84°53'45"WEST, 1073.89 FEET,AN ARC DISTANCE OF 1074.27 FEET TO A 5/8 INCH CAPPED IRON ROD STAMPED"DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE- NORTHING 984,346.121,EASTING 410,223.409)FOR THE SOUTHWEST CORNER OF SAID 34.803 ACRE TRACT OF LAND,THE SAME BEING THE SOUTHEAST CORNER OF LOT I,BLOCK I OF THE INTERNATIONAL AIRPORT SUBSTATION ADDITION,AN ADDITION TO THE CITY OF ARLINGTON,TARRANT COUNTY,TEXAS AS RECORDED IN VOLUME 388-213,PAGE 59 OF THE PLAT RECORDS OF TARRANT COUNTY,TEXAS,FROM WHICH AN ALUMINUM MONUMENT STAMPED DFW BOUNDARY FOUND BEARS NORTH 58'50'02"WEST,A DISTANCE OF 0.58 FEET; January 4,2016 Page 15 off 7 R:lsurvey\479\479e 15\documents\479e 15xv LG04r RETAINING WALL MAINTENANCE AGREEMENT ZZ Rev.211118 THENCE,NORTH 00-4517-7"WEST,ALONG AND WITH THE EAST LINE OF SAID LOT 1, BLOCK 1,A DISTANCE OF 610.46 FEET TO A 5/8 INCH CAPPED IRON ROD STAMPED'.DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE-NORTHING 984,956.528,EASTING 410,215.369)FOR THE NORTHEAST CORNER OF SAID LOT 1,BLOCK 1; THENCE,NORTH 89-42'17-WEST,ALONG AND WITH THE NORTH LINE OF SAID LOT 1, BLOCK 1,A DISTANCE OF 383.15 FEET TO A 5/8 INCH CAPPED IRON ROD STAMPED"DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE-NORTHING 984,958.502,EASTING 409,832.224)FOR THE NORTHWEST CORNER OF SAID LOT 1,BLOCK 1,SAID CORNER BEING ON THE EASTERLY LINE OF A 4.254 ACRE TRACT OF LAND DESCRIBED AS TRACT 5 IN A DEED FROM LOBF,L.P. TO HC LOBF ARLINGTON,LLC AS RECORDED IN D206323409 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY,TEXAS; THENCE,NORTH 00-20'3 1-EAST,ALONG AND WITH THE EASTERLY LINE OF SAID 4.254 ACRE TRACT,A DISTANCE OF 539.04 FEET TO A 5/8 INCH CAPPED IRON ROD STAMPED "DFW BOUNDARY"SET(DFW SURFACE 88 COORDINATE-NORTHING 985,497.536,EASTING 409,835.442)FOR THE SOUTHWEST CORNER OF LOT 1,BLOCK 1 OF THE AFOREMENTIONED TRINITY/360 ADDITION; THENCE,SOUTH 8935'53"EAST,LEAVING THE WESTERLY LINE OF SAID 34.803 ACRE TRACT OF LAND AND THE EASTERLY LINE OF SAID 4.254 ACRE TRACT OF LAND,ALONG AND WITH THE SOUTH LINE OF SAID LOT 1,BLOCK 1,TRINITY/360 ADDITION,AT AN APPROXIMATE DISTANCE OF 188.58 FEET,PASSING THE SOUTHEAST CORNER OF SAID LOT 1,BLOCK 1,TRINITY/360 ADDITION,THE SAME BEING THE SOUTHWEST CORNER OF LOT 2, BLOCK 1 OF SAID TRINITY/360 ADDITION,AND CONTINUING ON FOR A TOTAL DISTANCE OF 373.47 FEET TO A 1/2 INCH CAPPED IRON ROD STAMPED"BRITTIAN CRAWFORD"FOUND (DFW SURFACE 88 COORDINATE-NORTHING 985,494.916,EASTING 410,208.899)FOR THE SOUTHEAST CORNER OF SAID LOT 2,BLOCK 1; THENCE,NORTH 00°24'07"EAST,ALONG AND WITH THE EAST LINE OF SAID LOT 2,BLOCK 1,A DISTANCE OF 546.41 FEET TO THE POINT OF BEGINNING AND CONTAINING 29.790 ACRES OF LAND,MORE OR LESS. BASIS OF HEARING: DFW SURFACE 88 COORDINATES WERE ESTABLISHED USING GLOBAL POSITIONING SYSTEMS(GPS)TECHNOLOGY. THE BASIS FOR THE GPS NETWORK IS THE MONUMENTS LISTED BELOW. DFW GEODETIC CONTROL MONUMENTS BASED ON TEXAS NORTH CENTRAL STATE PLANE NAD 83(1986). COORDINATES VALUES HAVE BEEN CONVERTED TO THE DFW SURFACE 88 SYSTEM. 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