Loading...
HomeMy WebLinkAboutContract 52662 RECEIVED CITY SECRETARY AUG 14 2019 CONTRACT N0. c5olO�a CITY OF I`0 "�rojeCt#101806 -American Airlines Hospitality Complex 5i�'1 Highway 360 STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT § CITY OF FORT WORTH SEWER LINE FACILITY EXCLUSIVE LICENSE AGREEMENT This License Agreement ("Agreement") is made by and between American Airlines, Inc. ("Licensor") and the City of Fort Worth ("Licensee"), each individually referred to as a "Party" and together referred to as the "Parties." WHEREAS, Licensor entered into a lease agreement (the "Lease") with Dallas/Fort Worth International Airport Board (the "Airport Board"), the owner of the Licensed Property (hereinafter defined), and Licensor must relocate Licensee's sewer line in order to construct improvements; WHEREAS, the easement for the existing sewer line was dedicated by separate easement instrument (Volume 3564, Pages 413, 435, 438) and the new easement for the relocated sewer line (the "New Easement") will be created by a separate easement instrument to be executed by the Airport Board; WHEREAS, the conveyance of the New Easement must be approved by the Airport Board and both the Cities of Dallas and Fort Worth, which is very time consuming; WHEREAS, the Parties have agreed to enter into this Agreement to allow Licensor to begin construction of its improvements and anticipate the Airport Board's conveyance of the New Easement at a later time; WHEREAS, Licensor needs to cross the Licensee's Licensed Property (later to be called the New Easement) in order to construct private storm drains, a private fire service line, a private water service line, a private irrigation line, security gates and equipment, removable bollards, and a fire hydrant (collectively the "Encroachments"); and WHEREAS, Licensor asserts that it has authority under the Lease to grant this license over the Licensed Property pursuant to this Agreement; NOW THEREFORE, the Parties agree to the following terms and conditions to form the basis of this Agreement: 1. CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Licensee shall not be obligated to pay any additional consideration for the duration of this Agreement or for the New Easement ("Consideration"). OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX 2. LICENSED PROPERTY: Being 0.988 acres (43,042 square feet) of land situated in the Vincent J. Hutton Survey, Abstract Number 681, City of Fort Worth, Tarrant County, Texas; said tract being part of Lot 1, Block 2, American Airlines Addition, an addition to the City of Fort Worth, Texas according to the plat recorded in Volume 388-133, Page 60 of the Deed Records of Tarrant County, Texas; also being part of that certain tract of land described in Deed and Assignment to Dallas-Fort Worth Regional Board recorded in Volume 6653, Page 863 of said Deed Records; said 0.988 acre (43,042 square feet) tract being more fully described by metes and bounds in Exhibit "A" attached hereto and incorporated herein for all pertinent purposes ("Licensed Property"). 3. GRANT OF LICENSE: Licensor, for the Consideration paid to Licensor and other good and valuable consideration, hereby grants, sells, and conveys to Licensee, its successors and assigns, an exclusive license (the "License") for the construction, operation, maintenance, replacement, upgrade, and repair of a permanent sewer line facility ("Facility") within the Licensed Property. The Facility includes all incidental underground and above ground attachments, equipment and appurtenances, including, but not limited to manholes, manhole vents, lateral line connections, valves, pipelines, junction boxes in, upon, under and across the Licensed Property, together with the right and privilege at any and all times to enter the Licensed Property, or any part thereof, for the purpose of constructing, operating, maintaining, replacing, upgrading, and repairing said Facility. 4. RESTRICTIONS ON LICENSOR'S USE: Except as permitted in the Encroachment Agreement, in no event shall Licensor (1) use the Licensed Property in any manner which interferes in any material way or is inconsistent with the rights granted hereunder, (II) place additional soils, fill or cover over or across the Licensed Property which interferes in any material way with Licensee's access to the Facility or otherwise endangers the Facility as designed, or (III) erect or permit to be erected within the Licensed Property a permanent structure or building, including, but not limited to, monument sign, pole sign, billboard, brick or masonry fences or walls or other structures that require a building permit. However, Licensor shall be permitted to install and maintain concrete, asphalt or gravel driveways, roads, parking lots sidewalks and/or landscaping across the Licensed Property. Licensor agrees that any landscape within the Licensed Property will only have simple grass and will avoid swales and trees. Licensee shall be obligated to restore the surface of the Licensed Property at Licensee's sole cost and expense, including the restoration of any sidewalks, driveways, permitted landscaping or similar surface improvements located upon or adjacent to the Licensed Property which may have been removed, relocated, altered, damaged, or destroyed as a result of the Licensee's use of the Licensed Property granted hereunder; provided, however, that Licensee shall not be obligated to restore or replace irrigation systems or other improvements installed in violation of the provisions and intended use of the Licensed Property. The Parties agree that Licensor may encroach upon 2of9 Permanent Sewer Line Facility License Agreement(CFW&American Airlines, Inc.) Licensed Property (later to be called the New Easement) upon the construction of the Encroachments as depicted in the attached Exhibit "B" attached hereto and incorporated herein for all pertinent purposes. Licensor shall construct the Encroachments in accordance with the building specifications approved by Licensee. The Parties will execute an Easement Encroachment License Agreement outlining legal obligations for the Encroachments. A copy of the Encroachment Agreement is attached as Exhibit "C" and is incorporated herein for all pertinent purposes. 5. WARRANTY: TO HAVE AND TO HOLD the License, subject however, to the Lease, together with all and singular the rights and appurtenances thereto in anyway belonging unto Licensee, and Licensee's successors and assigns for the duration of this Agreement; and Licensor does hereby bind itself and its successors and assigns to warrant and forever defend all and singular the License unto Licensee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. 6. TERM: This Agreement shall be effective April _ ° 2019, and shall remain in full force and effect until the sooner of 1) when the New Easement is approved and is executed and delivered by the Airport Board; or 2) one (1) day prior to the expiration of the Lease. The Easement Encroachment License Agreement referenced under Section 4 shall survive the conveyance of the New Easement by the Airport Board. 7. FUTURE DEDICATION: Licensor agrees that it will coordinate with the Airport Board as may be reasonably necessary to facilitate the approval, execution and delivery of the New Easement. 8. INDEMNIFICATION: a. LICENSOR SHALL AND DOES AGREE TO INDEMNIFY, PROTECT, DEFEND AND HOLD HARMLESS LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES (COLLECTIVELY, "INDEMNITEES") FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, JUDGMENTS AND EXPENSES (INCLUDING COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION), OF ANY NATURE, KIND OR DESCRIPTION ARISING OR ALLEGED TO ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY (1) RELATING TO THE USE OR OCCUPANCY OF THE LICENSED PROPERTY BY LICENSOR, ITS EMPLOYEES, PATRONS, AGENTS, INVITEES, LESSEES AND ANY OTHER PARTY OR (2) BY REASON OF ANY OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED OR ALLEGED TO BE OCCASIONED IN WHOLE OR IN PART BY ANY ACT OR OMISSION ON THE PART OF LICENSOR OR ANY INVITEE, 3of9 Permanent Sewer Line Facility License Agreement(CFW&American Airlines, Inc.) PATRON, LESSEE, EMPLOYEE, DIRECTOR, OFFICER, SERVANT, OR CONTRACTOR OF LICENSOR, OR ANYONE LICENSOR CONTROLS OR EXERCISES CONTROL OVER OR (3) BY ANY BREACH, VIOLATION OR NONPERFORMANCE OF ANY COVENANT OF LICENSOR UNDER THIS AGREEMENT (COLLECTIVELY, "LIABILITIES"), EVEN IF SUCH LIABILITIES ARISE FROM OR ARE ATTRIBUTED TO THE CONCURRENT OR PARTIAL NEGLIGENCE OF ANY INDEMNITEE. THE ONLY LIABILITIES WITH RESPECT TO WHICH LICENSOR'S OBLIGATION TO INDEMNIFY THE INDEMNITEES DOES NOT APPLY IS WITH RESPECT TO LIABILITIES ARISING OUT OF OR RESULTING FROM THE NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY INDEMNITEE. IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST ANY INDEMNITEE IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, LICENSOR, ON NOTICE FROM LICENSEE, SHALL DEFEND SUCH ACTION OR PROCEEDING, AT LICENSOR'S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO LICENSEE. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY TO ALL ACTIVITIES OF LICENSOR WITH RESPECT TO THE USE AND OCCUPANCY OF THE LICENSED PROPERTY, WHETHER OCCURRING BEFORE OR AFTER THE COMMENCEMENT DATE OF THIS AGREEMENT AND BEFORE OR AFTER THE TERMINATION OF THIS AGREEMENT. THIS INDEMNIFICATION SHALL NOT BE LIMITED TO DAMAGES, COMPENSATION OR BENEFITS PAYABLE UNDER INSURANCE POLICIES, WORKERS' COMPENSATION ACTS, DISABILITY BENEFIT ACTS OR OTHER EMPLOYEES' BENEFIT ACTS. b. IT IS AGREED WITH RESPECT TO ANY LEGAL LIMITATIONS NOW OR HEREAFTER IN EFFECT AND AFFECTING THE VALIDITY OR ENFORCEABILITY OF THE INDEMNIFICATION OBLIGATION UNDER THIS PARAGRAPH 8, SUCH LEGAL LIMITATIONS ARE MADE A PART OF THE INDEMNIFICATION OBLIGATION AND SHALL OPERATE TO AMEND THE INDEMNIFICATION OBLIGATION TO THE MINIMUM EXTENT NECESSARY TO BRING THE PROVISION INTO CONFORMITY WITH THE REQUIREMENTS OF SUCH LIMITATIONS, AND AS SO MODIFIED, THE INDEMNIFICATION OBLIGATION SHALL CONTINUE IN FULL FORCE AND EFFECT. 9. WAIVER OF LIABILITY: NO INDEMNITEE SHALL BE LIABLE IN ANY MANNER TO LICENSOR, ITS AGENTS, EMPLOYEES, PATRONS, CONTRACTORS, OR ANY OTHER PARTY IN CONNECTION WITH THE USE OF THE LICENSED PROPERTY BY ANY OF THEM, FOR ANY INJURY TO OR DEATH OF PERSONS EXCEPT TO THE EXTENT THE SAME ARE ATTRIBUTABLE TO THE WILLFUL MISCONDUCT OR NEGLIGENCE OF AN INDEMNITEE. IN NO EVENT SHALL ANY INDEMNITEE BE LIABLE IN ANY 4of9 Permanent Sewer Line Facility License Agreement(CFW&American Airlines, Inc.) MANNER TO LICENSOR OR ANY OTHER PARTY TO THE EXTENT THE SAME IS ATTRIBUTABLE TO THE ACTS OR OMISSIONS OF LICENSOR, ITS AGENTS, EMPLOYEES, CONTRACTORS, OR ANY OTHER PARTY, IN CONNECTION WITH THE USE OF THE LICENSED PROPERTY BY ANY OF THEM. 10. MISCELLANEOUS PROVISIONS: a. Number and Gender: Words of any gender used in this Agreement shall be held and construed to include any other gender; and words in the singular shall include the plural and vice versa, unless the text clearly requires otherwise. b. Mechanic's Liens Not Permitted: Licensor will promptly remove or bond-off any mechanic's or materialmen's liens of any nature affixed against the Licensed Property. c. Termination: This Agreement may be terminated by written agreement of both Parties. This Agreement shall terminate automatically upon the approval, execution and delivery of the New Easement, and although not necessary, if requested by Licensor, Licensee will execute a termination and release of this Agreement in recordable form. Termination of this Agreement does not terminate the Easement Encroachment License Agreement. d. Successors and Assigns: This Agreement shall run with the Leased Premises and shall be binding on the respective Parties successors and assigns. e. Notice: Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand- delivered to the other Party, its agents, employees, servants or representatives, or (2) received by the other Party by United States Mail, registered, return receipt requested, addressed as follows: i. To Licensor: American Airlines, Inc. 4333 Amon Carter Boulevard MD 5317 Fort Worth, Texas 76155 Attention: Vice President Airport Affairs and Facilities With a copy to: American Airlines, Inc. 4333 Amon Carter Boulevard MD 5675 Fort Worth, Texas 76155 5of9 Permanent Sewer Line Facility License Agreement(CFW&American Airlines, Inc.) Attention: General Counsel ii. To Licensee: City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Attention: Assistant City Manager (Property Management) With a copy to the City Attorney at the same address. f. No Partnership Formed: Neither Licensor nor Licensee has become a partner of the other in the conduct of their business or otherwise, or a joint venture or a member of a joint enterprise with the other, by virtue of this Agreement. g. Severability: If any clause or provision of this Agreement is or becomes illegal, invalid or unenforceable because of present or future laws or any rule or regulation of any governmental body or entity, effective during the term of the Agreement, the intention of the Parties hereto is that the remaining parts of this Agreement shall not be affected thereby unless such invalidity is, in the sole determination of the Licensee, essential to the rights of both Parties, in which event Licensee has the right, but not the obligation, to terminate the Agreement upon written notice to Licensor. h. Audit: Pursuant to Chapter 2, Article IV, Division 3, Section 2-134, Administration, Powers and Duties of the Department of Internal Audit, of the Code of Ordinances of the City of Fort Worth, Licensor agrees that Licensee shall, until the expiration of three (3) years after termination or expiration of this Agreement, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of Licensor involving transactions relating directly to this Agreement at no additional cost to the Licensee. Licensor agrees that the Licensee shall have such access during normal working hours to all necessary Licensor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The Licensee shall give Licensor not less than ten (10) days' written notice of any intended audits. i. Entire Agreement: This Agreement constitutes the entire agreement between Licensor and Licensee relating to the use of the Licensed Property and no prior written or oral covenants or representations relating thereto not set forth herein shall be binding on either Party hereto. j. Amendment: This Agreement may not be amended, modified, extended, or supplemented except by written instrument executed by both Licensor and Licensee. 6 of 9 Permanent Sewer Line Facility License Agreement(CFW&American Airlines, Inc.) k. Counterparts: This Agreement may be executed in several counterparts, each of which shall be deemed an original, but all of which shall constitute but one and the same document. I. Filing in Deed Records: Licensor shall file this Agreement in the deed records of Tarrant County within fifteen (15) days of its execution. m. Governing Law and Venue: This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought on the basis of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. n. Review of Counsel: The Parties acknowledge that each Party and its counsel have reviewed this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. o. No Waiver: The failure of the Licensor or Licensee to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of the Licensor's or Licensee's respective right to insist upon appropriate performance or to assert any such right on any future occasion. p. Governmental Powers: It is understood and agreed that by execution of this Agreement, Licensee does not waive or surrender any of its governmental powers. q. Headings Not Controlling: Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. r. Signature Authority: The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 7 of 9 Permanent Sewer Line Facility License Agreement(CFW&American Airlines, Inc.) AGREED: LICENSOR: AMERICAN AIRLINES, INC. LICENSEE: CITY OF FORT WORTH Timothy Ski o N Vice President Airport Affairs and Facilities Assistant City Manager APPROVED AS TO FORM AND LEGALITY Jes a gsva Assi tan it Attorney ATTEST: t".O&�.� ` + f J '�� �. •fie •.P ,;} Mary Kayser ' City Secretary << No M&C Required Form 1295 Certification No. N/A CONTRACT COMPLIANCE MANAGER: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. J) Name: Dtbbi� S (� 11t7�Qn Title: OFFICIAL RECORD CITY SECRETARY 1=Ty UVaR�'f(,�'X Permanent Sewer Line Facility License Agreement(CFW&American Airlines, Inc.) ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Timothy Skipworth, Vice President Airport Affairs and Facilities, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of American Airlines, Inc. and that he/she executed the same as the act of said American Airlines, Inc. for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ram' �....�.�.... 20_ %11y1111" KATIA ORTIZ : ;Notary Public, State of Texas � •+P; Comm. Expires 05-21-2022glary IQ 1115 Q4R1 L K� lll State of Texas ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared yGvin (j.Ann, Assistant City Manager of the City of Fort Worth, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that he/she executed the same as the act of the City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this. day of 20 EVONIA DANIELS otary Public in and for the State of Texas `�IPNY -*-.I6:Notary Public, State of Texas j�� Comm. Expires 07-13-2021 Notary ID 126950030 OFFICIAL RECORD CITY sECR1916 f Permanent Sewer Line Facility License Agreement(CFW&American Airlines, Inc.) FT, WORTH,TX SANITARY SEWER EASEMENT Part of Lot 1, Block 2, American Airlines Addition and part of Dallas-Fort Worth Regional Airport Board Tract Vincent J. Hutton Survey, Abstract No. 681 City of Fort Worth, Tarrant County, Texas DESCRIPTION, of a 43,042 square foot(0.988 acre)tract of land situated in the Vincent J. Hutton Survey, Abstract No. 681, City of Fort Worth, Tarrant County, Texas; said tract being part of Lot 1, Block 2, American Airlines Addition, an addition to the City of Fort Worth, Texas according to the plat recorded in Volume 388-133, Page 60 of the Deed Records of Tarrant County, Texas; also being part of that certain tract of land described in Deed and Assignment to Dallas-Fort Worth Regional Board recorded in Volume 6653, Page 863 of said Deed Records; said 43,042 square foot(0.988 acre)tract being more particularly described as follows (bearing system for this survey is based on the State Plane Coordinate System, North American Datum of 1983 (2011), Texas North Central Zone 4202): COMMENCING, at 5/8-inch iron rod found in the west right-of-way line of State Highway 360 (a variable width right-of-way) and the west line of said Dallas-Fort Worth Regional Airport Board tract; THENCE, South 00 degrees, 51 minutes, 57 seconds East, along the said west line of State Highway 360 and the said east line of Dallas-Fort Worth Regional Airport Board tract, a distance of 79.03 feet to a point; THENCE, South 89 degrees, 08 minutes, 03 seconds West, departing the said west line of State Highway 360 and the said east line of the Dallas-Fort Worth Regional Airport Board tract, a distance of 173.02 feet to the POINT OF BEGINNING; said point also being southernmost southeast corner of a 15' Sanitary Sewer Easement recorded in Volume 3564, Page 413 of said Deed Records; THENCE, departing the said 15' Sanitary Sewer Easement, into and across said Dallas-Fort Worth Regional Airport Board tract and said Lot 1, Block 2, the following thirty-seven (37) calls; South 30 degrees, 18 minutes, 34 seconds East, a distance of 137.14 feet to a point for corner; South 56 degrees, 56 minutes, 44 seconds West, a distance of 103.44 feet to a point for corner; South 09 degrees, 59 minutes, 59 seconds East, a distance of 230.85 feet to an angle point; South 20 degrees, 06 minutes, 15 seconds West, a distance of 135.94 feet to a point for corner; South 69 degrees, 53 minutes, 45 seconds East, a distance of 10.00 feet to a point for corner; South 20 degrees, 06 minutes, 15 seconds West, a distance of 42.24 feet to an angle point; Sheet 1 of 8 SANITARY SEWER EASEMENT (Continued) South 08 degrees, 39 minutes, 33 seconds West, a distance of 128.50 feet to a point for corner; South 39 degrees, 38 minutes, 55 seconds West, a distance of 58.22 feet to a point for corner; South 01 degrees, 53 minutes, 11 seconds East, a distance of 91.69 feet into said Lot 1, Block 2, a total distance of 113.96 feet to a point for corner; South 88 degrees, 06 minutes, 49 seconds West, a distance of 10.00 feet to a point for corner; South 01 degrees, 53 minutes, 11 seconds East, a distance of 72.77 feet to an angle point; South 08 degrees, 29 minutes, 30 seconds West, a distance of 199.35 feet to an angle point; South 16 degrees, 50 minutes, 14 seconds West, a distance of 312.84 feet to a point for corner; South 11 degrees, 21 minutes, 50 seconds East, a distance of 166.79 feet to a point for corner; South 30 degrees, 57 minutes, 18 seconds West, a distance of 189.15 feet to a point for corner; South 28 degrees, 04 minutes, 22 seconds East, a distance of 360.21 feet to a point for corner; South 68 degrees, 01 minutes, 50 seconds East, a distance of 139.43 feet to a point for corner; South 21 degrees, 58 minutes, 10 seconds West, a distance of 15.00 feet to a point for corner; North 68 degrees, 01 minutes, 50 seconds West, a distance of 144.89 feet to a point for corner; North 28 degrees, 04 minutes, 22 seconds West, a distance of 374.15 feet to a point for corner; North 30 degrees, 57 minutes, 18 seconds East, a distance of 191.84 feet to a point for corner; North 11 degrees, 21 minutes, 50 seconds West, a distance of 164.75 feet to a point for corner; North 16 degrees, 50 minutes, 14 seconds East, a distance of 315.52 feet to an angle point; Sheet 2 of 8 SANITARY SEWER EASEMENT (Continued) North 08 degrees, 29 minutes, 30 seconds East, a distance of 196.89 feet to an angle point; North 01 degrees, 53 minutes, 11 seconds West, a distance of 71.40 feet to a point for corner; South 88 degrees, 06 minutes, 49 seconds West, a distance of 10.00 feet to a point for corner; North 01 degrees, 53 minutes, 11 seconds West, a distance of 22.86 feet into said Dallas- Fort Worth Regional Airport Board tract, a total distance of 127.23 feet to a point for corner; North 39 degrees, 38 minutes, 55 seconds East, a distance of 61.79 feet to a point for corner; North 08 degrees, 39 minutes, 33 seconds East, a distance of 122.31 feet to an angle point; North 20 degrees, 06 minutes, 15 seconds East, a distance of 45.74 feet to a point for corner; South 69 degrees, 53 minutes, 45 seconds East, a distance of 10.00 feet to a point for corner; North 20 degrees, 06 minutes, 15 seconds East, a distance of 131.91 feet to a point for corner; North 09 degrees, 59 minutes, 59 seconds West, a distance of 236.74 feet to a point for corner; North 56 degrees, 56 minutes, 44 seconds East, a distance of 99.06 feet to a point for corner; North 30 degrees, 18 minutes, 34 seconds West, a distance of 126.53 feet to a point for corner; North 02 degrees, 42 minutes, 10 seconds West, a distance of 3.69 feet to a point for corner; said point being the southernmost southwest of said 15' Sanitary Sewer Easement; Sheet 3 of 8 SANITARY SEWER EASEMENT (Continued) North 02 degrees, 42 minutes, 10 seconds West, continuing along said the south line of 15' Sanitary Sewer Easement, a distance of 15.00 feet the POINT OF BEGINNING; CONTAINING: 43,042 square feet or 0.988 acres of land, more or less. (A survey plat of even survey date herewith accompanies this description.) The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the easement tract described. OF KYLE COL" HARMS Kyle Co eman Harris Date ...................... 4"6286" " Registered Professional Land Surveyor No. 6266 �y POL, of Pacheco Koch Consulting Engineers, Inc. SUO 7557 Rambler Road, Suite 1400, Dallas TX 75231 (972) 235-3031 TX Reg. Surveying Firm LS-10008000 3051-17.368EX1.doc 3051-17.368EX1.dwg kaj Sheet 4 of 8 s� .�f 5/8-INCH IRON ROD W/"DFW BOUNDARY- LEGEND 1 CAP FOUND - - —PROPERTY LIVE (C.M.) PROPOSED EASEMENT LINE 0 30 60 120 —EXISTING EASEMENT LINE O R POINT FOR CORNER WATER EASEMENT (C.M.) CONTROLLING EMONUMENTRWISE NOTED) of (VOL. 4644, PG. 810) GRAPHIC SCALE IN FEET P.O.B. POINT OF BEGINNING P.0.C. POINT OF COMMENCING 15' SANITARY SEWER EASEMENT (VOL. 3564, PG. 413) s 5/8—INCH �l 0. C. II if O ROD FOUND to DALLAS—FORT WORTH I , P p B o n O REGIONAL AIRPORT BOARD (VOL. 6653, PG. 863) L2 _S 899'08'03" W 173.02'_ _ N L1 -- - CV)� kP �3 DALLAS—FORT WORTH LIME TABLE REGIONAL AIRPORT BOARD Q 0j (VOL. 6653, PG. 863) I LIME BEARING LENGTH L1 N 02'42'10" W 3.69' a�' SANITARY SEWER o L2 N 87'17'50" E 15.00' EASEMENT 43,042 SF n Z�1 co W (0.988 ACRES) o 0 y� yO N 09'59'59" W S 09'59'59" E I 236.74' 230.85' I MATCH LINE (SEE SHEET 6) NOTES: The undersigned, Registered Professional Land 1. A metes and bounds description of even Surveyor, hereby certifies that this plat of survey date herewith accompanies this plat survey accurately sets out the metes and Pt..........OF C of survey. bounds of the easement tract described. 2. Bearing system for this survey is based on g KYLE COLEMAN.. ... the State Plane Coordinate System, North ...................... American Datum of 1983 (2011), Texas North 11 c-1 <:9 6266 r.,;Q Central zone 4202. a m K}Ae Oalean Harris Date SANITARY SEWER ����$U lt`1�� � Registered Professional N Land surveyor No. 6266 EASEMENT 0 7557 RAMBLER ROAD, SUITE 1400 PART OF Pacheco Koch DALLAS. TX 75231 972.235.3031 LOT 1, BLOCK 2. AMERICAN AIRLINES ADDITION TX REG. ENGINEERING FIRM F-469 AND PART OF OALIAS—FORT WORTH TX REG. SURVEYING FIRM LS-100080DO REGIONAL AIRPORT BOARD TRACT w DRAWN BY G;T*FniED BY SCALE DATEL JOB NUMBER Viiw10ENT J. HUTTON SURVEY, ABSTRACT N0. 681, CITY OF FORT WORTH. TARRANT COUNTY, TEXAS KAJ KCH/MWW 1"=60' JAN. 2019051-17.368 1 SHEET 5 OF 8 Y MATCH LINE (SEE SHEET 5) 0 30 60 120 GRAPHIC SCALE IN FEET LEGEND -- —PROPERTY LINE—` DALLAS—FORT WORTH I PROPOSED EASEMENT L'NE 3 L0 REGIONAL AIRPORT BOARD -EXISTING EASEMENT _INE t (VOL. 6653, PG. 863) O POINT FOR CORNER (UNLESS OTHERWISE NOTED) ►j7 U'! 00 (C.M.) CONTROLLING MONUMENT 0 O O P.0.B. POINT 0; BECJNNING to M 1!7 to P.0.C. POINT OF COMMENCING Q1 N 0) N O O SANITARY SEWER 13 EASEMENT V_ 43,042 SF I Q (0.988 ACRES) 3 DALLAS—FORT WORTH REGIONAL AIRPORT BOARD o (VOL. 6653, PG. 863) 3 uj O ^� VL > 0) 11111111ift ry M 0 "h Q 2 nt S 69'53'45" E a 10.00' S 69'53'45" E 10.00' N 20*06'15" E 45.74' S 20'06'15" W I 3S' 42.24' co L`' 3 NOTES: Ln r r i !'� �'- ►M O 1. A metes and bounds description of even M CV survey date herewith accompanies this plat .n N of survey. 5 a N O N 2. Bearing system for this survey is based on z 0 the State Plane Coordinate System, North American Datum of 1983 (2011), Texas North MATCH LINE (SEE SHEET 7) Central Zone 4202. SANITARY SEWER (V EASEMENT 0 7557 RAMBLER ROAD, SUITE 1400 PART OF Pacheco Koch DALLAS, TX 75231 972235.3031 LOT 1, BLOCK 2, AMERICAN AIRLINES ADDITION ,Po TX REG. ENGINEERING FIRM F-469 AND PART OF DALLAS—FORT WORTH TX REG. SURVEYING FIRM LS-10008000 REGIONAL AIRPORT BOARD TRACT w aRAN7V er cNECKEo or SCALE DATE JOB NIAMBER VINCENT J. HUTTON SURVEY, ABSTRACT NO. 681, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS I KCH/MWW 1"=60' JAN. 2019 3051-17.368 SHEET 6 OF 8 Y MATCH LINE (SEE SHEET 6) N 08'39'33" E 0 30 60 120 122.31' S 08'39'33" W r 128.50' GRAPHIC SCALE IN FEET AD S 39'38'55" W SANITARY SEWER 58.22' DALLAS—FORT WORTH EASEMENT REGIONAL AIRPORT BOARD 43,042 SF (VOL. 6653, PG. 863) (0.988 ACRES) DALLAS—FORT WORTH N � 01'53'11" E REGIONAL AIRPORT BOARD N 113.96 (VOL. 6653, PG. 863) O r Z 35' 794.91 268.39' 22.56' S 88'06'49" W S 88'06'49" W 10.00' 10.00' N 01'53'11" W S 01'53'11" E 71.40' 15, 72.77' h LOT 1, BLOCK 2 W LOT 1, BLOCK 2 toAMERICAN AIRLINES ADDITION AMERICAN AIRLINES ADDITION r_ (VOL. 388-133, PG. 60) ,0� �3 (VOL. 388-133, PG. 60) 00 DALLAS—FORT WORTH p) 00 O N REGIONAL AIRPORT BOARD N (0 M DALLAS—FORT WORTH NORTH TRACT 00 O REGIONAL AIRPORT BOARD (VOL. 6653, PG. 856) O 0) NORTH TRACT Z O (VOL. 6653, PG. 856) S 16*50'14" W N 16'50'14" E 31284' LO 315.52' NOTES: 0 1. A metes and bounds description of even survey date herewith accompanies this plot LEGEND MATCH LINE (SEE SHEET 8) of survey. — — — —PROPERTY LINE 2. Bearing system for this survey is based on PROPOSED EASEMENT LINE the State Plane Coordinate System, North —EXISTING EASEMENT LINE American Datum of 1983 (2011), Texas North 0 POINT FOR CORNER (UNLESS OTHERWISE NOTED) Central Zone 4202. a- Pae CONTROLLING MONUMENT a SANITARY SEWER POINT OF BEGINNING 0 0 P.0.C. POINT OF COMMENCING EASEMENT 0 7557 RAMBLER ROAD, SUITE 1400 PART OF Pacheco Koch DALLAS' TX 75231 972.235.3031 LOT 1, BLOCK 2, AMERICAN AIRLINES ADDITION CD C11m Tx REG. ENGINEERING FIRM F-469 AND PART OF DALLAS—FORT WORTH ' TX REG. SURVEYING FIRM LS-10008000 REGIONAL AIRPORT BOARD TRACT W DRAWN BY CHECKED BY SCALE DATE JOB NUMBER VINCENT J. HUTTON SURVEY, ABSTRACT N0. 681, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS z KAJ KCH/MWW 1"=60' JAN. 2019 3051-17.368 SHEET 7 OF 8 Y MATCH UNE (SEE SHEET 7) 0 30 60 120 GRAPHIC SCALE IN FEET N 16'50'14" E S 16'S0'14" W LEGEND 315.52' - —PROPERTY LINE 31 2.84' PROPOSED EASEMENT LINE —EXISTING EASEMENT LINE �S O POINT FOR CORNER (UNLESS OTHERWISE NOTED) (C.M.) CONTROLLING MONUMENT P.0.B. POINT OF BEGINNING P.0.C. POINT OF COMMENCING FO to FO O r r Z v7 LOT 1, BLOCK 2 LOT 1, BLOCK 2 AMERICAN AIRLINES ADDITION AMERICAN AIRLINES ADDITION r (VOL. 388-133, PG. 60) (VOL. 388-133, PG. 60) •��. DALLAS—FORT WORTH DALLAS—FORT WORTH 4) Cd 00• REGIONAL AIRPORT BOARD REGIONAL AIRPORT BOARD p '�' •'� �j NORTH TRACT NORTH TRACT '�� .43 (VOL. 6653, PG. 856) (VOL. 6653, PG. 856) Ah SANITARY SEWER C9 EASEMENT J, X 43,042 SF W (0.988 ACRES) tJ 0 i � tJ tJ 0�0� N > V.I., .S 0 T 39 � .3' N6 744 B�Spn �f S 21'58'10" W 9 ( 15.00 0 0 NOTES: 1. A metes and bounds description of even survey date herewith accompanies this plat of survey. 2. Bearing system for this survey is based on SANITARY SEWER a the State Plane Coordinate System, North o American Datum of 1983 (2011), Texas North N Central Zone 4202. EASEMENT 04 Pacheco Koch RAMBLER ROAD, SUITE PART OF DALL DALLAS. TX 75231 972.235.309.3031 LOT 1, BLOCK 2, AMERICAN AIRLINES ADDITION 0 AN TX REG. ENGINEERING FIRM F-469 AND PART OF DAL.IAS—FORT WORTH '> Tx REG. SURVEYING FIRM LS-10008000 REGIONAL AIRPORT BOARD TRACT W DRAN7V BY CHECKED Br SCALE DATE JO N(�MBER VINCENT J. HUTTON SURVEY, ABSTRACT NO. 681, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS KAJ KCH/MWW 1"=60� JAN. 2019J-30581-11.3611 SHEET 8 OF 8 — POINT OF COMMENCEMENT. {' 5/8—INCH IRON ROD W I 0 I "DFW BOUNDARY" CAP FOUND I 0 50 100 200 GRAPHIC SCALE IN FEET 101 Encroachment From Point of CommencementpPointint ofBeginnin1538°21'45"W255.13' 56"W 16.80' 2 S 2727'05"W 382.42' 24"E 15.00' 3 S 25°36'18"W 286.96' 'W 17.27' S 19"5847"W 308.94' 44"W 15.02' 5 S 21°35'11"W 351.2T 00"W 15.02' 6 S 14°35'29"W 701.82' O6"W 15.00' 7 S 14"23'12"W 776.30' S9"W 36.89' S S 16°59'00"W 788.67' S 82°0704"E 3.41' P.O.B. 1 P.O.B. 3 9 S 14'04'41"W 838.45' N 82°15'31"W 35.00' 10 S 16°32'38"W 931.56' S 81°15'00"E 0.92' I N 53"39'33"E 15.8Y I \ NOS°39'33"E 8.97' 11 S 14°46'01"W 790.86' S 12°5937'W 3.67' I 1 12 S 14"23'14"W 776.39' S 30°15'46"W 18.94' S 11°2042"W 12.80' +� ! 13(1)S 14-36-44"W 826.53' P.O.6 4 13(2)S 14-57-24"W 827.09' 13(3)S 15°18'05"W 927,58' P.O.B. 5 13(a)s 1s°38'ar W 828.20' r � P.O.B. 2 I I _1 I , 0 1 ,, Z w ,* �I1 { 1 Ld o �.. a Ln 00 - .;/ ENCROACHMENT ITEMS - t` ITEM DESCRIPTION P.O.B. 6 \ _ I 1 WATER CROSSING PUBUC 12" SEWER Ln j �51 2 SECURITY GATE O iP.0.6. 8 3 STORM CROSSING PUBUC 12"SEWER P.0.8. 7 � 4 WATER CROSSING PUBUC 12"SEWER In 13 (2) P.O.B. 12 /1� 5 STORM CROSSING PUBUC 12" SEWER 6 STORM CROSSING PUBUC 12"SEWER rn 0 13 (3) f 7 STORM CROSSING PUBLIC 12" SEWER J P.O.B. 11 8 FIRE HYDRANT 13 (4) 9 STORM CROSSING PUBUC 12"SEWER 1 3 (1) 0 10 WATER ENCROACHMENT �C7 I 11 STORM SEWER INLET ENCROACHMENT 00 P.O.B. 9 12 STORM SEWER ENCROACHMENTS rn P.O.B. 10 1 13 REMOVABLE BOLLARDS(4) r I O 7557 RAMBLER ROAD, SUITE 1400 A Pacheco Koch DALLAS, TX 75231 972.235.3031 EXHIBIT B 0.0 OVERALL EXHIBIT O TX REG. ENGINEERING FIRM F-469 TX REG. SURVEYING FIRM LS-10008000 AMERICAN AIRLINES CAMPUS 3: DRAWN BY I CHECKED BY SCALE DATE JOB NUMBER SEWER EASEMENT ENCROACHMENTS 0 OR JJL 1"=100' OCT. 2018 3051-17.368 FORT WORTH, TX I \ I O N 4'C Lo w � rl z w m — W coo a�Cy —F- W Z to W � v OU Wr-O i 00 N z 0) ; _ _ • CO N -H� W L O n O lIt z Q m Z W N Z w Z�N�j W j _ Woo UM ZCr4- C) 0C, E5CDN Q -O �— x z cO U W 0 2 z C(� N:2 CON \ !� Z •� (af LLJ z U) W z F-�O LLJ 's nw mzw / i \ mZ� OCON II / / / \\ \ wZW 0LLI �0 WLdO 0 N r j Z--L,J 0 O r7 L L- U�00 i . / WUW U(Dh Q Zh0 L v1�l+W Z O W Who 0_ L,JhO 00 Z / / / \ \ �mQ Z(DN Of L7 CON � CDW W / / W m Z W W �00 Lr) k d \ 0)01 � �r7 �0 00 �i F- 0000 ZCpC,A - 0)qq- N W \ H CL �000_ ZC00 �00� WHO FN— ~ D Who =a) m ww + I W O =a0 � U cD(V = O 0 UC�ON USN = l�0 Q U W F- Q J 0 Z W Z W Z W O i I _ N cD q- �p w 0' Oo Z �W Z Z Ul � Lo CO Z Z W `.Q W W M CO m 00 I L'i W WQ W Q Z Q Z1)0 N W O O O1 0 CO 11 I Who O� Z LLI Z Who z�`F o n o M =00 0 U W W li.l =00- z 0 � M � T J h C)(N Q J U(D WLn H N J Z Q O i..I Q—0 Lj7 r 0_ f p LIB Z CC) Q O o CO c` M Z W Z O U Q Z O W W of LLI V M W Z 3 Q Q Z Z > I w w n • W W m x z =1 — � f wcn O < vidd N a n J d d m w a) Q x x W n 0 r rLLJ W O W z r. Q W r O W o W m W W O E ~ � E "r7 Q � L j Z", o D Z (/)I X ~ ~ W O W W tD - U > W W W S W m O Q zO - Ocv0 = a (� W J J J J J c� -H -H -H -H -H r- 00 In U-) In n Q m QD o O • • • • • Q o O a OMO.IN3WHOVONON3 N3M3S 89�'Ll-1S0�AS60Z OXO �I�IO\OMa�89� Ll-1S0��0�-OMO� =W °>H H ) 'Z F- W cr J r m W zk Z m � H_ - & U r 2 L'i w Z ¢�� ^ �Qmm (m� W F- •_ U Z 00 cD r0 =W � W of,, H e W - U U Ul z 2 Z W ¢a- 0 ZLLJ Ln �U WL� W r'O m NW U Oa Z-O as �W / 0 .0 LLI Ci rn� � oa ¢ w w00 UO = wa Of �� aQ �LON ¢ wa x Ch z0N ..,.,,I LLJ(n Q �a Z00 w LLJ LLI m:i W�a Ja Z 000E- W ` '''r�`1 C J� / W oo- aU) \ Z -H 00 W r7 U1 O]ZLLI U -H Ov Z�N �iW w �Ul wr�iN U WU W U1 J \ m Z W \ \ o \ O 1k : � F � o zo -- w 00 O o Zr)u) — Wr0 \ UOa O Ja Q N � -H~ �ZW o W Nei U Z r�O 03 W z4z 00 rn r7 rn O ZaO� L�.I W r 00 rnt 00E- N• W \ U0(V �Z a ¢ Z of F- L� OZLij �0 w0� U == M L, W UJ ¢w r`) �r O Or7l) of N EO O � rri a0 r7 Z U a' N F- Ul ZOO 0 �r)rn ONE w !w Z w �r`O z0CY) 7 W � ¢ 2pmj � W00rn ai co _ _j C) cq �m0 ~ ter rnt Z0rn 0 U O ¢ =0C14 Wrrn 0 0¢ m 00 wZW Q ��0 00 Q, o 0; 0 a W U O Z W =0 N M p m U J Z of U n I r` m w ; W U ¢OZI�i tN � _j 2 O W cy- O Z U { vv) m O w W 0 Z ac 0 Of Iz w 1 o Z r) K Q� N w r w w j w n > m F- T � wvv) 0 U� < vi0c7 ~ N e n p m W cr Of ly- Of ly- O O O O U F-- F-- F-- F-- c�D �- cn cn cn cn � QO O o W z W W W � � v it I� U W W U U U W U Q W � n z W z Q Q mW� O cn 00 Ln Ln O O ~F-O O W Q N — LLJ� " z m mz� ca ca J W W L, L, 3: L, LL- OQ W =w O Q ZOOOWOOIL � J X�� U cn O o m WI WI CnLLJL � � � L �- Q U00 U_ F- � O J W «� -H -H -H O -H -H W :E ii _ � L 0 F-- U-) I � w m Q Q r) N (n r) N N LL- � � 3 m0 U � W 0 O • • • • • • • • U� p OMa'1N]hHOVO2JON3 2i3M3S 99C'Ll-190C\9LOZ CCO �IAIO\OMa\892"Ll-1S0C\0C-OMa\:w Ln O Ln O Ln O O O CY) 0') O Ln Ln -zt L N Z W 1 � U o Q X � O NO2 -� �Lz[if N F- O z9• m Z Z =5W F— I 11`I �ZN WWO _ VC�//� > I L ;UW Q L aw O0 W U x0 Z � a � w a ( W o a o a W W w N UI N J z o w Q 1 a v w Q U_ z= Oo w0 ~ woo lCt Jay + Q O j rU w U 3Z = / N � � L 0 II oo w coz Go Op ' o O M ( D _I M O H w V1 41 d' L- 0� � r w w O O M Q Z 2 < Lt O Q� Z Q I N W } LLJ U Z �^ Z > z F r w I X H W V) Q w Vi Cj 6 N Q O J d' d' Q m OFx- Fx- N s � N o w � U O N W J Ln O Ln O Ln O s Ln Ln O O 0-) 0-) Ln Ln d 0. m 3 0 a 9Ma'3�IdObd 1N3WHOVMJ3N3 83M3S 892*/ [—L902\9IOZ a20 �IAIO\9Ma\992'LL-1902\02—OMa\ :W Ln o LC) o LC) o AC) " O LC) L 0 rn I I w U Q `7z� NOS 0' I I O W W LL N �S � i 0o mZ� z 3 m V + W W N 00 0 ¢ a Q O w LLJ N W A LLJ LJ_I [n a J Q o Za U r _ wwm — —i Q O LLJ U = ^ww N O II CD II o 4Z + = O o 00 o co o n e m M o � LO g r M Z., o p N M. = I ® Lo (A a) a: O i j o UE M N 4. < Z_ X / ce M Z w N W W W x 0 Z Q W M H z W � < N ui Cj (j Q 2 U.) n A < X X W z n o r r L� C O Ll II CO O J V � 2 C� mv LC) O LC) O LC) O Da Cl) LC) LC) O O "t m 3 0 In In I- a OMa'3I130�Jd 1N3WHOVO0 JON3 213M3S 89�'LL-LSO \SLOZ 4£'3 �I�IO\OMa\89�'LL-LSO \0�-OM4\ W