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HomeMy WebLinkAboutContract 53382 CITY SECRETARY CONTRACT NO. �33R C, *UBLIC RIGHT-OF-WAY ENCROACHMENT LICENSE AGREEMENT � ` COMMERCIAL C THIS PUBLIC RIGHT-OF-WAY ENCROACHMENT LICENSE AGREEMENT(this"Agreement") is made and entered into by and between THE CITY OF FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"), acting by and through its duly authorized City Manager,Assistant City Manager, or Planning and Development Department Director, and FORT WORTH AT RIVER PARK, LLC, a Delaware limited liability company (together with its successors and assigns, ("Licensee"), owner of the real property located at 2500 River Park Drive, Fort Worth, Texas 76116 ("Property"), acting by and through its duly authorized Senior Vice President-Development. RECITALS WHEREAS, Licensee is the owner of certain real property situated in the City of Fort Worth, Tarrant County, Texas, more particularly described in the attached Legal Description of the Property, attached as "Exhibit C" and incorporated herein for all purposes; and WHEREAS,the City has a street,alley,sidewalk, and/or other public right-of-way (individually or collectively, the "Public Right-of-Way") adjacent to the Property as shown on the map attached to this Agreement as"Exhibit A,"which is incorporated herein for all purposes; and WHEREAS, Licensee desires to construct/place and maintain certain improvements which will encroach in, on, above, or below the Public Right-of-Way; and WHEREAS, to accommodate the needs of the Licensee, the City will allow the encroachment under the terms and conditions as set forth in this Agreement. NOW, THEREFORE, the City and Licensee agree as follows: AGREEMENT 1. The City, in consideration of the payment by Licensee of the fee set out below and covenants and agreements hereinafter contained, to be kept and performed by Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and occupy a portion of the Public Right-of-Way as described in and at the location shown on Exhibit A, but only to the extent shown thereon, for the purpose of constructing a driveway and retaining wall (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within the Public Right-of- Way. Licensee shall not expand or otherwise cause the Encroachment to 1' OFFICIAL REC0RD MY SECRETARY RE�+ WE croachment Agreement-Commercial(River Park) FT: . ` H, 7X ,QN 3 2020 4 7-1981,v.5 a` in or on the Public Right-of-Way beyond what is specifically described in the exhibit(s) attached hereto. 2. All construction,maintenance,or operation in connection with such Encroachment, use,or occupancy shall comply and be performed in strict compliance with this Agreement and with the Charter, Ordinances, and Codes of the City, and in accordance with the directions of the Director of the Transportation and Public Works Department or the Director of the Water Department, or their duly authorized representative. Prior to the construction of the Encroachment, Licensee shall submit all plans and specifications to the applicable Director or duly authorized representative. Licensee shall not commence construction of the Encroachment until such approval shall be indicated in writing by the applicable Director or authorized representative. However, such approval shall not relieve Licensee of responsibility and liability for concept, design, and computation in the preparation of such plans and specifications. 3. Licensee agrees that City may enter and utilize the referenced areas at any time for the purpose of installing, repairing, replacing, or maintaining the street, alley, sidewalk, and/or other public right-of-way improvements. The City shall bear no responsibility or liability for any damage or disruption or other adverse consequences resulting from the Encroachment installed by Licensee, but City will make reasonable efforts to minimize such damage. Upon termination of this Agreement, Licensee shall, at the option of and at no expense to the City, remove the Encroachment and restore the Public Right-of-Way to a condition acceptable to the Director of Transportation and Public Works or the Director of the Water Department, or their duly authorized representative, in accordance with then- existing City specifications. It is understood and agreed to by Licensee that if this Agreement terminates and Licensee fails to remove the Encroachment as directed and restore the Public Right-of-Way, Licensee hereby gives City permission to remove the Encroachment and any supporting structures and assess a lien on the Property for the costs expended by the City in taking such actions. 4. In order to defray all costs of inspection and supervision which the City has incurred or will incur as a result of the construction,maintenance, inspection, or management of the encroachments and uses provided for by this Agreement, Licensee agrees to pay to City at the time this Agreement is requested an application fee in the sum of Five Hundred Dollars ($500.00). Additionally, Licensee agrees to pay a fee in the amount of$1.44 per ROW Encroachment Agreement-Commercial(River Park) Page 2 4847-6687-1981, v. 5 Revised 12/2018 square/linear foot of the encroachment area upon execution of this Agreement and annually thereafter, which fee equals: $129.60, 5. The intial term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by City. However,this Agreement may be terminated upon Licensee's noncompliance with any of the terms of this Agreement. City shall notify Licensee in writing of any noncompliance and if not cured within thirty (30) days, this Agreement shall be deemed terminated, unless such noncompliance is not susceptible to cure within thirty (30) days, in which case this Agreement shall be deemed terminated in the event that Licensee fails to commence and take such reasonable steps as are necessary to remedy the noncompliance within thirty (30) days after written notice specifying the same, or having so commenced, thereafter fails to proceed diligently and with continuity to remedy same. So long as Licensee is not in default at the expiration of the term of this Agreement (as may be subsequently renewed), this Agreement shall renew for thirty (30) years under the terms and conditions set forth herein. 6. LICENSEE COVENANTS AND AGREES TO INDEMNIFY,AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE alleged NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,CONTRACTORS,SUBCONTRACTORS,LICENSEES,ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES. ROW Encroachment Agreement-Commercial(River Park) Page 3 4847-6687-1981,v. 5 Revised 12/2018 7. While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance naming City as certificate holder as proof that it has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and described in Exhibit A. The amounts of such insurance shall be not less than $1,000,000 Commercial General Liability with the understanding and agreement by Licensee that such insurance amounts may be revised upward at City's option and that Licensee shall so revise such amounts immediately following notice to Licensee of such requirement. Such insurance policy shall not be canceled or amended without at least thirty (30) days prior written notice to the Building Official of the City. A copy of such Certificate of Insurance is attached as "Exhibit B" and incorporated herein for all purposes. Licensee agrees to submit a similar Certificate of Insurance annually to the City on the anniversary date of the execution of this Agreement. Licensee agrees, binds, and obligates itself and its successors and assigns to maintain and keep in force such public liability insurance at all times during the term of this Agreement and until the removal of the Encroachment and the cleaning and restoration of the Public Right-of-Way. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. 8. Licensee agrees to deposit with the City when this Agreement is executed a sufficient sum of money to be used to pay necessary fees to record this Agreement in the real property records of Tarrant County, Texas. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. 9. Licensee agrees to comply fully with all applicable federal, state, and local laws, statutes, ordinances, codes, and regulations in connection with the construction, operation, and maintenance of the Encroachment and uses. 10. Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for by this Agreement or by any federal, state, or local statute, law, or regulation. ROW Encroachment Agreement-Commercial(River Park) Page 4 4847-6687-1981,v. 5 Revised 12/2018 11. Licensee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant,or employee of City,and Licensee shall have exclusive control of and the exclusive right to control the details of its operations, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. The doctrine of respondeat superior shall not apply as between City and Licensee, its officers, agents, servants, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Licensee. 12. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain, and locate the Encroachment over or within the Public Right-of-Way and is not a conveyance of any right, title, or interest in or to the Public Right-of-Way, nor is it meant to convey any right to use or occupy property in which a third-party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. 13. In any action brought by the City for the enforcement of the obligations of the Licensee, City shall be entitled to recover interest and reasonable attorneys' fees. 14. The parties agree that the duties and obligations contained in Section 3 shall survive the termination of this Agreement. 15. Licensee covenants and agrees that it will not assign all or any of its rights, privileges, or duties under this Agreement to any other assignee without the written approval of the City, and any attempted assignment without such written approval shall be void, except as set forth herein. In the event Licensee conveys the Property to any new owner, Licensee may assign all of its rights and obligations under this Agreement to the new owner of the Property, and Licensee shall be deemed released from its duties and ROW Encroachment Agreement-Commercial(River Park) Page 5 4847-6687-1981,v. 5 Revised 12/2018 obligations hereunder upon City's approval in writing of such assignment, which approval shall not be unreasonably conditioned or withheld. Foreclosure by a secured lender of Licensee or assignment to a secured lender by Licensee in the event of default or otherwise shall not require City approval provided that said lender notifies City in writing within sixty(60) days of such foreclosure or assignment and assumes all of Licensee's rights and obligations hereunder. However,no change of ownership due to foreclosure or assignment to any secured lender of Licensee shall be effective as to City unless and until written notice of such foreclosure or assignment is provided to City. 16. Any cause of action for breach of this Agreement shall be brought in Tarrant County, Texas. This Agreement shall be governed by the laws of the State of Texas. 17. This Agreement shall be binding upon the parties hereto and their successors and assigns. Following written request therefor, the City agrees to provide a statement to Licensee or Licensee's lender relating to the status of this Agreement and Licensee's performance and compliance with this Agreement (together with statements as to whether fees due under this Agreement have been paid and whether Licensee is in default under this Agreement). The lien of the assessments provided for in Section 3 hereof shall be subordinate to the lien of any first mortgage and any sale or transfer of the Property shall not affect the assessment lien; provided, however, that the sale or transfer of the Property in connection with a mortgage foreclosure proceeding or any proceeding in lieu thereof, shall extinguish the lien of the assessment, interest, and charges dur prior to such sale or transfer (but in now event shall the prior owner of the Property be relieved of any liability whatsoever for such obligation and debt. Any notice required to be given to Licensee shall be furnished to Licensee at such address (or addresses) as may be specified in writing by Licensee to the City. The initial address for notice to Licensee is 1020 N.E. Loop 410, Suite 700, San Antonio, Texas 78209. ROW Encroachment Agreement-Commercial(River Park) Page 6 4847-6687-1981,v. 5 Revised 12/2018 18. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. [SIGNATURES APPEAR ON FOLLOWING PAGES] ROW Encroachment Agreement-Commercial(River Park) Page 7 4847-6687-1981,v. 5 Revised 12/2018 City: CITY OF FORT WORTH By: ,. ,,/,,4A/Randle Harwood, Director Planning& Development Date: // 7 A-C.) ATTEST: :�7a 'Approved As To Form and Legality ity Secre Matthew A. Murray Assistant City Attorney 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. Janie S. Morales Development Manager 0FRICIAL RECO.R CITY SECRlriTAT ,!r FT. WORTH, 7X ROW Encroachment Agreement-Commercial(River Park) Signature Page 4847-6687-1981,v. 5 Revised 12/2018 THIS PAGE FOR CITY OF FORT WORTH OFFICE USE ONI,N *** STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned autno ty, a Notary Public in and for the State of Texas, on this day personally appeared dl RaFw , known to nid to a the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed,as the act and deed of the City of Fort Worth, and in the capacity therein stated. OI v'EN UNDER ��V iiA1`.D AND SEAL OF OFFICE this-1— of A(, 20 (,! `.�Pa�e,� No ry Public and for t State of Texas av JENNIFER LOUISE EZERNACK :Notary Public, State of Texas %"ter +P Comm. Expires 03-01-2024 Notary ID 130561630 After recording return to: Planning& Development Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX ROW Encroachment Agreement-Commercial(River Park) Signature Page 4847-6687-1981,v.5 Revised 12/2018 Licensee: FORT WORTH AT RIVER PARK, LLC, a Delaware limited liability company By: RPBI-GP, LLC, a Texas limited liability company, its Managing Member By. Name: Title: WC `r r .Le d STATE OF TEXAS § COUNTY OF BEXAR § The foregoing instrument was acknowledged before me this day of December 2019 by —J�qk, "jA RPBI-GP, LLC, a Texas limited liability company, Managing Member of FORT WORTH AT RIVER PARK, LLC, a Delaware limited liability company, on behalf of said limited liability company. KIMBERLY MAGNON ��PNY PUe�i Notary Public,state of Texas Comm. Expires 10-17-2021 Notary ID 126149145 Notary is rnn� Y My Commission Expires: OFFICIAL.RECORD CITY SECRETARY FT. WORTH,TIC ROW Encroachment Agreement-Commercial(River Park) Signature Page 4847-6687-1981,v. 5 Revised 12/2018 EXHIBIT A Map of Public Right-of-Way and Encroachment ROW Encroachment Agreement-Commercial(River Park) Exhibit A 4847-6687-1981,v. 5 Revised 12/2018 Z I- Z co m � � NGNRO �PRos� Z ��JER PP PROJECT LOCATION OWNER: 491 PELOTON VICINITY MAP EMBREY PARTNERS, LTD. III L.N. {OLYTIONt 9800 HILLWOOD PARKWAY NORTH 1020 NE LOOP 410,SUITE 700 250 NOT TO SCALE RIVER PARK APARTMENTS SAN ANTONIO,Tx 78209 SUITE ,T PHONE#:210.824.60" FORT WORTH, 2 76177 562 DATE: 07/19/2019 PHONE:817- -3350 I t!y!yy luvwyuvw..vyl!v!Y\-T.vp.wupNvwawup ll.vwy..vw..u1Iv/Y1•'w•`viWUM-N!w4--J .wup WVDPO"Mi0V!1•V N I i 609\ I 1 - CDO �coJ 1 1 1 rnvo Co oo� I I 6 909" i i Z ro m ri Z 2 i 11 0a ? \ ` W 1 �n t— LE I o � ��m ``0 f co 1 zQ f- 1 II w ,L Z I I I 11 01 909 \ — Q a W 'n 11 1 1 � � Uoa I I 1 \ Q a Q LL ,so9 O w ry > 000 Mc>o \ t �., m _ 3 1 1 o o m oom `, U cocoa COCOA Fom I I oo Q J t0 1 t A0 i 1 \ 9.. 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RECORDED IN INSTRUMENT NUMBER D219293477, COUNTY RECORDS, TARRANT COUNTY,TEXAS; THENCE N 06042'48" W, 202.53 FEET WITH SAID BRYANT IRVIN ROAD,TO THE POINT OF BEGINNING; THENCE N 06042'48" W, 35.56 FEET; THENCE DEPARTING SAID WEST LINE OF BRYANT IRVIN ROAD, OVER AND ACROSS SAID BRYANT IRVIN ROAD THE FOLLOWING BEARINGS AND DISTANCES: S 88049'06" E, 58.50 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; THENCE WITH SAID CURVE TO THE RIGHT HAVING AN ARC DISTANCE OF 69.24 FEET, THROUGH A CENTRAL ANGLE OF 0"16'28", HAVING A RADIUS OF 14,459.35 FEET,THE LONG CHORD WHICH BEARS S 03"59'49"W,69.24 FEET; N 86°14'56"W, 10.08 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; THENCE WITH SAID CURVE TO THE RIGHT HAVING AN ARC DISTANCE OF 30.61 FEET, THROUGH A CENTRAL ANGLE OF 70008'40 HAVING A RADIUS OF 25.00 FEET,THE LONG CHORD WHICH BEARS N 26°36'35" W, 28.73 FEET; N 54"24'54"W, 14.59 FEET; THENCE N 89031'05" W, 14.71 FEET TO THE POINT OF BEGINNING AND CONTAINING 2,546 SQUARE FEET OR 0.058 ACRES OF LAND MORE OR LESS. "Integral parts of this document" 1.Description 1 Page 2.Exhibit-1 Page Peloton Job No.EMB 19001 Tracking No.n/a Frisco December 23,2019 G:\JOBXEMB19DOI—RIVER—OAKS—APTSkMASTER DEV1_SURVEYIEASEML-Nl'SU.EGALSIEMB19001_EA9.DOCX Page 1 of UBasis of Bearing is the Texas Coordinate n System, North Central Zone 4202, NAD 83 -n 3 "Integral parts of this document" 1 1. Description — 1 Page Z 2. Exhibit — 1 Page 0 25 50 LEGEND: IRF=IRON ROD FOUND GRAPHIC SCALE IN FEET � NE HEIRSNOSURV 35, Co T HUR 16 0.058 ACRES EDWpRD CTLNUMHER 2,546 SQUARE FEET H STO S4"E A N06'42'48"W 35.56' POINT OF BEGINNING t L3 L1 ,� 3 C� o FORT WORTH AT o RIVER PARK, LLC. Inst.# D219293477 1 C.R.T.C.T. 'S N06'42'48"W 3 202.53' n M ,v 0 s/e• IRF Cep LINE TABLE Stamped "Dunaway" NO. BEARING LENGTH POINT OF L1 N86'14'56"W 10.08' COMMENCING L2 N54.24'54"W 14.59' „ X x -(�G,�•""'E •9 L3 N89'31'05"W 14.71' A�Q.;•G�gZ E CFO.,lS Co k ': NP MsEY CURVE TABLE S S1Ep ..�...•• CHAR�E•• .. ......... ,P J `� NO. DELTA RADIUS LENGTH CHORD BEARING CHORD ••'••:° O��',� 1 �\ Cl 0-16'28" 14459.35' 69.24 S03'59'49"W 69.24' ROFESs� :' O r `AND SURD \N C2 70'08'40" 25.00' 30.61' N26'36'35"W 28.73' ° Na to c° lV _ 0 EXHIBIT OF A WALL ENCHROACHMENT AGREEMENT HEIRS OF EDWARD WILBURN SURVEY, ABSTRACT NO. 1635 CITY OF FORT WORTH +. `. P E LOTO N TARRANT COUNTY, TEXAS I''II LAND SOLUTIONS 11DeO FRISCO ST.SUITE 4Q7 �Og#: EM819001 DRAWN BY: MYOST CHECKED BY: SRAMSEY DATE: 10/07/2019 PAGE#:2 OF 2 FRISCO.Tx 76033 469-213-18W MP NAVE C:\JCD\EI.fg19001_RIVFR_OAKS_APTS\I.IASIFR DEV\_SURVEY\EASEA4ENTS\E6f819001_EA9,DM PLOT DATE: 12/23/2019 EXHIBIT B Certificate of Insurance ROW Encroachment Agreement-Commercial(River Park) Exhibit B 4847-6687-1981,v. 5 Revised 12/2018 EXHIBIT C Metes and Bounds Legal Description of the Property ROW Encroachment Agreement-Commercial(River Park) Exhibit C 4847-6687-1981,v. 5 Revised 12/2018 LEGAL DESCRIPTION BEING A TRACT OF LAND SITUATED IN THE HEIRS OF EDWARD WILBURN SURVEY,ABSTRACT NUMBER 1635 AND BEING ALL OF THAT TRACT OF LAND DESCRIBED BY DEED TO FORT WORTH AT RIVER PARK, LLC. RECORDED IN INSTRUMENT NUMBER D219293477,COUNTY RECORDS,TARRANT COUNTY,TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID FORT WORTH AT RIVER PARK TRACT, BEING IN THE NORTH RIGHT-OF-WAY LINE (A VARIABLE WIDTH RIGHT-OF-WAY)OF RIVER PARK DRIVE, BEING THE SOUTHEAST CORNER OF LOT 1, BLOCK 2, RIVER PARK ADDITION,AN ADDITION TO THE CITY OF FORT WORTH AS RECORDED IN CABINET B,SLIDE 3083,SAID COUNTY RECORDS, FROM WHICH A 1/2 INCH IRON ROD FOUND BEARS S 75°01'35'W,0.19 FEET; THENCE N 40°09'16"W, DEPARTING SAID NORTH RIGHT-OF-WAY,WITH THE EAST LINE OF SAID RIVER PARK ADDITION,AT 353.13 FEET A 5/8 INCH IRON ROD FOUND BEING THE SOUTHEAST CORNER OF LOT 6, BLOCK 2 RIVER PARK ADDITION,AN ADDITION TO THE CITY OF FORT WORTH AS RECORDED IN CABINET A,SLIDE 11263,SAID COUNTY RECORDS, IN ALL 634.92 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED "DUNAWAY" FOUND AT THE NORTHEAST CORNER OF SAID LOT 6, BLOCK 2; THENCE N 66°13'59"E,86.08 FEET, DEPARTING SAID WEST LINE,TO A 5/8 INCH IRON ROD WITH CAP STAMPED"DUNAWAY" FOUND IN THE SOUTH LINE OF THAT TRACT OF LAND DESCRIBED BY DEED TO UNION PACIFIC RAILROAD COMPANY AS RECORDED IN VOLUME 13215, PAGE 130, SAID COUNTY RECORDS; THENCE N 89°17'44"E, 646.50 FEET,WITH SAID SOUTH LINE,TO A 5/8 IN IRON ROD WITH CAP STAMPED "DUNAWAY" FOUND IN THE WEST RIGHT-OF-WAY OF BRYANT IRVIN ROAD(A VARIABLE WIDTH RIGHT-OF-WAY); THENCE S 06°42'48"E,434.79 FEET, DEPARTING SAID SOUTH LINE,WITH SAID WEST RIGHT-OF-WAY,TO A 5/8 INCH IRON ROD WITH CAP STAMPED "DUNAWAY" FOUND IN THE NORTH RIGHT-OF-WAY LINE OF SAID RIVER PARK DRIVE,THE BEGINNING OF A CURVE TO THE RIGHT; THENCE WITH SAID NORTH RIGHT-OF-WAY LINE AND SAID CURVE TO THE RIGHT,AN ARC DISTANCE OF 52.14 FEET,THROUGH A CENTRAL ANGLE OF 37°20'25", HAVING A RADIUS OF 80.00 FEET,THE LONG CHORD WHICH BEARS S 44°11'07"W, 51.22 FEET TO A 5/8 INCH IRON ROD STAMPED"PELOTON" FOUND; THENCE S 62'41'06"W, 19.11 FEET TO WITH SAID NORTH RIGHT-OF-WAY LINE TO THE BEGINNING OF A CURVE TO THE RIGHT FROM WHICH A 1/2 INCH IRON ROD FOUND BEARS S 22°35'50"W,0.66 FEET; THENCE CONTINUING WITH SAID NORTH RIGHT-OF-WAY LINE AND SAID CURVE TO THE RIGHT,AN ARC DISTANCE OF 135.12 FEET,THROUGH A CENTRAL ANGLE OF 26°41'47", HAVING A RADIUS OF 290.00 FEET,THE LONG CHORD WHICH BEARS S 76°01'46"W, 133.90 FEET TO A 5/8 INCH IRON ROD STAMPED "DUNAWAY" FOUND,THE BEGINNING OF A REVERSE CURVE TO THE LEFT; THENCE WITH SAID NORTH RIGHT-OF-WAY LINE AND SAID CURVE TO THE LEFT,AN ARC DISTANCE OF 185.14 FEET, THROUGH A CENTRAL ANGLE OF 05-17-08", HAVING A RADIUS OF 1084.00 FEET,THE LONG CHORD WHICH BEARS S 84°19'40"W, 184.92 FEET TO THE POINT OF BEGINNING AND CONTAINING 285,307 SQUARE FEET OR 6.549 ACRES OF LAND MORE OR LESS.