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HomeMy WebLinkAboutContract 11613 EIGHTH STREET IMPROVEMENTS CITY SECRETARY CONTRACT No-LLLL STATE OF TEXAS S § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT S THAT, WHEREAS, THE CITY OF FORT WORTH, TEXAS, a Texas home-rule municipal corporation (the "City"), entered into an agreement (City Secretary Contract No. 10609) entitled "Developer's Contract and Agreement," dated September 7, 1979, with HUNT INVESTMENT CORPORATION, a Delaware corporation ("HIC"), as amended by instrument entitled "First Amendment to Developer's Contract and Agreement" dated December 27, 1979, between City and HIC, as further amended by instrument entitled "Second Amendment to Developer's Contract and Agreement," dated as of April 30, 1980, between the City and HUNT HOTEL/FORT WORTH, LTD., a Texas limited partnership ("Hunt Hotel"), the rights, titles, and interests of HIC under such agreement,as amended, having been assigned by HIC to, and the obligations of HIC thereunder having been aSSUrned by, Hunt Hotel, such agreement as amended being herein referred to as the "Developer's Contract"; WHEREAS, the City, HIC, and Woodbine Development Corporation, a Texas corporation ("Woodbine"), did enter into another agreement (City Secretary Contract No. 10611) entitled "Master Agreement" (herein so called), dated September 7, 1979, the rights and interests of HIC and Woodbine, concerning the property hereinafter described, under Section 3.02 of the Master Agreement, having been assigned to Hunt Hotel; WHEREAS, under the Developer's Contract, Hunt Hotel is obligated to construct and develop a hotel project on the real estate (the "Hotel Property") described on Exhibit A attached hereto and incorporated herein,and Hunt Hotel has constructed and developed such project on the Hotel Property; WHEREAS, under the Developer's Contract, the City is obligated to construct and develop a public plaza and a subsurface garage facility on and under the real estate (the "City Property") described on Exhibit B attached hereto and incorporated herein, and the City is now constructing and developing such plaza and garage facility; WHEREAS, the City, by Ordinance adopted by the City Council of Fort Worth, Texas, Ordinance No. 8285 , has abandoned the portion of Eighth Street between the City Property and the Hunt Property, such portion of Eighth Street ("Old Eighth Street") being more particularly described on Exhibit C attached hereto and incorporated; WHEREAS, by virtue of the abandonment of Old Eighth Street, the City is the owner of the one-half (1/2) part of Old Eighth Street adjacent to the City Property and Hwit Hotel is the owner of the one-half (1/2) part of Old Eighth Street adjacent to the Hotel Property (save and except the portion of the Tunnel Property underlying the surface of such portion of Old Eighth Street, as described in instrument dated as of October 2, 1980, among the City, Hunt Hotel, and First National Bank in Dallas, recorded in Volume 7044, page 558 of the Real Estate Records of Tarrant County,Texas); WHEREAS, as a part of the City's obligations under the Developer's Contract, the City is required to construct and complete, and has constructed and completed, a public thoroughfare and sidewalks between the City Property and the Hotel Property on the surface of the real estate ("New Eighth Street"), as more particularly described on Exhibit D attached hereto and incorporated herein, in order to provide public access by pedestrian and vehicular traffic from Main Street to Commerce Street and vice versa between the Hotel Property and the City Property; WHEREAS, Hunt Hotel desires to construct and use, and has constructed, certain improvements, consisting of an overhead canopy, footings, columns and other improve- ments, located on the real estate (the "Canopy and Column Property") described on Exhibit E attached hereto and incorporated herein; WHEREAS, in consideration for the City's construction and completion of the public thoroughfare and sidewalks on New Eighth Street mentioned above, and in consideration of Hunt Hotel's construction and completion of the improvements on the Hotel Property, the City and Hunt Hotel are obligated to convey the part of New Eighth Street owned by each of them, save and except the easement of Hunt Hotel in the Canopy and Column Property hereinafter described, to the City, as trustee for the benefit of the public, in order to provide public access by pedestrian and vehicular traffic on New Eighth Street, and the City and Hunt Hotel do desire to dedicate New Eighth Street, save and except the easement of Hunt Hotel in the Canopy and Column Property hereinafter described, for use by the public for vehicular and pedestrian access from Main Street to Commerce Street and vice versa between the Hotel Property and the City Property; WHEREAS, under the Developer's Contract and Section 3.02 of the Master Agreement, the City is obligated to convey an easement in the portion of the Canopy and Column Property owned by it to Hunt Hotel for its use, construction, installation, maintenance, repair, alteration, and enjoyment of the improvements hereinafter described; WHEREAS, FIRST NATIONAL BANK IN DALLAS, a national banking association ("First in Dallas"), holds liens in the Hotel Property, and in the portion of New Eighth Street owned by Hunt Hotel, to secure certain obligations of Hunt Hotel, as more particularly described in the following instruments (the "Real Property Loan Instru- ments"): W First Lien Deed of Trust Assignment of Rents and Security Agreement dated as of September 7, 1979, from Hunt Hotel to John Ellis,Trustee, recorded in Volume 6804, page 1283 of the Real Estate Records of Tarrant County, Texas; 60 Second Lien Deed of Trust Assignment of Rents and Security Agreement dated as of September 7, 1979, from Hunt Hotel to John Ellis, Trustee, recorded in Volume 6804, page 1327 of the Real Estate Records of Tarrant County, Texas; (iii) First Lien Assignment of Rents and Leases dated 2 as of September 7, 1979, from Hunt Hotel to First in Dallas, recorded in Volume 6804, page 131.3 of the Real Estate Records of Tarrant County, Texas; (iv) Second Lien Assignment of Rents and Leases dated as of September 7, 1979, from Hunt Hotel to First in Dallas, recorded in Volume 6804, page 1356 of the Real Estate Records of Tarrant County, Texas; (v) First Modification and Amendment Agreement dated as of December 31, 1979, among Hunt Hotel, HIC,and First in Dallas, recorded in Volume 6874, page 2076 of the Real Estate Records of Tarrant County, Texas, modifying and amending the instruments described in (i) through (iv) preceding; NO Third Lien Deed of Trust Assignment of Rents and Security Agreement dated as of December 31, 1979, from Hunt Hotel and HIC to John Ellis, Trustee, recorded in Volume 6874, page 2109 of the Real Estate Records of Tarrant County, Texas; and (vii) Second Modification and Amendment Agreement dated as of October 2, 1980, recorded in Volume 7044, page 551 of the Real Estate Records of Tarrant County, Texas, between First in Dallas and Hunt Hotel; and WHEREAS, the City and Hunt Hotel desire to more fully describe their ownership, rights, and interests in New Eighth Street and the Canopy and Column Property, and First in Dallas desires to partially release its liens under the Real Property Loan Instruments in the past of New Eighth Street owned by Hunt Hotel, retaining and reserving liens under the Real Property Loan Instruments in the easement (hereinafter described) of Hunt Hotel in the Canopy and Column Property. NOW, THEREFORE, for and in consideration of the foregoing, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Hunt Hotel, the City, and First in Dallas hereby covenant and agree as follows: I. The City and Hunt Hotel have transferred, conveyed, and sold New Eighth Street, as more particularly described on Exhibit D attached hereto and incorporated herein, and do hereby transfer, convey, and sell New Eighth Street to the City, as trustee for the benefit of the public, in order to provide public access by pedestrian and vehicular traffic on and through New Eighth Street, and do hereby also dedicate New Eighth Street for use by the public by pedestrian and vehicular traffic, save and except and subject to the easement herein reserved by and conveyed to Hunt Hotel in and to the Canopy and Column Property and the other reservations, matters, and exceptions contained herein and in Exhibit D. 2. The City has transferred, granted, bargained, sold, and conveyed, and does hereby transfer, grant, bargain, sell, and convey to Hunt Hotel, its successors and assigns, an exclusive right-of-way and easement on, in, to, above, and through the part of the Canopy and Column Property owned by the City for the purposes of using, constructing, installing, maintaining, repairing, altering, and enjoying the overhead canopy, footings, columns, and other improvements now or hereafter placed thereon by Hunt Hotel., its successors and assigns, as an easement appurtenant to the Hotel Property, the Canopy and Column Property being more particularly described on Exhibit E, together and coextensive with the right of Hunt Hotel, its successors and assigns, of ingress and egress over New Eighth Street, the Canopy and Column Property and the City Property to effect the purposes of said right-of-way and easement. 3 3. Notwithstanding the conveyance and dedication herein by Hunt Hotel of the part of New Eighth Street owned by it for public pedestrian and vehicular access, Hunt Hotel, however, reserves unto itself, its successors and assigns, an exclusive right-of-way and easement on, in, to, above, and through the part of Canopy and Column Property owned by it for the purposes of using, constructing, installing, maintaining, repairing, altering, and enjoying the overhead canopy, footings, columns, and other improvements now or hereafter placed thereon by Hunt Hotel, its successors and assigns, as an easement appurtenant to the Hotel Property, the Canopy and Column Property being more partictaarly described on Exhibit E, together and coextensive with the reservation of the right of Hunt Hotel, its successors and assigns, of ingress and egress over New Eighth Street, the Canopy and Column Property to effect the purposes of said right-of-way and easement. However, such ingress and egress over New Eighth Street and the Canopy and Column Property shall not unreasonably interfere with the public's access to any portion of New Eighth Street for pedestrian and vehicular traffic. 4. Hunt Hotel shall, at its sole cost and expense, keep or cause to be kept the improvements on the Canopy and Column Property in a neat, clean, and good condition and make or cause to be made all necessary repairs thereof. Further, Hunt Hotel agrees to comply fully with all applicable federal, state, and municipal laws, statutes, ordinances, codes, or regulations in connection with the construction, operation and maintenance of said improvements. 5. First in Dallas has released and discharged, and does hereby release and discharge, the portion of New Eighth Street Owned by Hunt Hotel described in Exhibit D frorn the liens created, described, and evidenced by the Real Property Loan Instruments, or otherwise. 6. Hunt Hotel shall cause to be maintained with respect to the construction, use, and maintenance of the improvements on the Canopy and Column Property such public liability insurance as the City deems reasonable and prudent, insuring the City and Hunt Hotel as co-insureds. Such liability insurance may be a part of Hunt Hotel's blanket policy for Hunt Hotel and its affiliates; provided, however, limits of such insurance shall be in at least the amounts of $250,000 for personal injury or damage, $100,000 for property damage,and $1,000,000 for each occurrence. 7. To the extent not covered by insurance to be maintained hereunder, Hunt Hotel shall save the City harmless and indemnify the City from all liability arising out of 4 Hunt Hotel's construction, use, and maintenance of the improvements on the Canopy and Column Property. EXECUTED as of the day of March, 1981. HUNT HOTEL/FORT WORTH, LTD. By: Hunt Investment Corporation,general partner By: Jo,hfi Field Scovell, Vice President FIRST NATIONAL BANK IN DALLAS Bv: Fier E nlow, Vice President THE CITY OF FORT WORTH, TEXAS By: Robert L. Herchert, City Manager ATTEST-- City Secretary APPR O 1) AS TO FORM AND LEGALITY: City Attorney 'Lv'paolirm By cl'�y ("amica Y Lty Da'e THE STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned a Notary Public in and for said County and State on this day personally appeared JOHN FIELD SCOVELL, Vice President of HUNT INVESTMENT CORPORATION, a Delaware corporation and general partner of HUNT HOTEL/FORT WORTH, LTD., a Texas limited partnership, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said HUNT INVESTMENT CORPORATION, as general partner of BUNT HOTEL/FORT WORTH, LTD., and that he executed the same as the act of such partnership for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this—the day of 1981. N6tary Public in and for Dallas County,Texas My(7orn mission Expires: THE STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned, a Notary Public in and for said County and State on this day personally appeared ROGER ENLOW, Vice President of FIRST NATIONAL BANK IN DALLAS, a national banking association, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said FIRST NATIONAL BANK IN DALLAS, and that he executed the carne as the act of said banking association and for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of 1981. 'X' Notary Public in and for Dallas County, Texas My Commission Expires: 6 THE STATE OF TEXAS S COUNTY OF TARRANT S BEFORE ME, the undersigned, a Notary Public in and for said County and State on this day personally appeared ROBERT L. HERCHERT, City Manager of THE CITY OF FORT WORTH, a Texas homerule municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said CITY OF FORT WORTH, and that he executed the same as the act of said municipal corporation and for the purposes and consideration therein expressed,and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the,� day of 1981. Notary Public in and or Tavfa*t-Ob�,'Texas My Commission Expires: 2 EXHIBIT A HOTEL PROPERTY The Hotel Property is comprised of the following: L HOTEL TEXAS TRACT AND THE TESCO OFFICE TRACT Fee simple title in.and to a part of Block 112 of "Original Town" of Forth Worth in Tarrant County, Texas, and embracing Lots I through 4 and Lots 9 through 12 in said Block 112 (the "Hotel Texas Tract") described as Tract One in a deed dated march !, 1966, from Citizens Hotel Company to Fort Worth Chamber Development Corporation, recorded in Volume 4584, page 853 of the Deed Records of Tarrant County, Texas, and also embracing Lots 5 through 8 in Block 112 (the "TESCO Office Tract") described as Tract Three in the above-described deed to Fort Worth Chamber Development Corporation, all such realty being more particularly described by metes and bounds as follows: Beginning at the Northwesterly corner of Block 112 and Lot 8 being, the intersection of the Easterly line of Main Street and the Southerly line of East Seventh Street: Thence North 60 degrees East, along the Northerly line of Lot 8 and the Southerly line of East Seventh Street, 100 feet to the common North corner of Lots 8 and 16; Thence South 30 degrees East, along the Easterly line of Lots 8, 7, 6, and 5 and the WesterIv line of Lots 16, 15, 14, and 13, a distance of 100 feet to the common corner of Lots 5, 13, 12 and 4:, IT'hence North 60 degrees East, along the Northerly line of Lot 12 and the Southerly Line of Lot 13, a distance of 100 feet to their common East corner in the Westerly line of Commerce Street; Thence South 30 degrees East, along the Easterly line of Lots 12, 11, 10, and 9 and the Westerly line of Commerce Street, 100 feet to the Southeasterly corner of Block 112 and Lot 9; Thence South 60 degrees West, along the Southerly line of Lots 9 and I and the Northerly line of East Eighth Street, 200 feet to the Southwesterly corner of Block 112 and Lot 1; Thence North 30 degrees West, along the Westerly line of Lots 1, 2, 3,4, 5, 6, 7 and 8 and the Easterly line of Main Street, 200 feet to the place of beginning and containing 30,000 square feet; SAVE AND EXCEPT, with respect to the TESCO EXHIBIT A - Page One of Seven Pages 0 Office Tract, the Real Property Loan Instruments as modified by this instrument do not cover, and there is hereby retained and excluded from the conveyances *hereby made, any rights, titles, or interests (other than rights of subjacent and lateral support) of Hunt Hotel Fort Worth,. Ltd. (whether now owned or hereafter acquired) in and to the TESCO Office Tract below" the ground surface level thereof and below the first floor of the Improvements (as defined in the First-Lien Deed of Trust and herein so called) thereon. E. E '1:C U TII VE WING TRACT Fee Simple title in and to part of Block Ill of "Original Town" of Fort Worth in Tarrant County, Texas., and embracing Lots I through 8 in Block 111 (the "Executive Wing Tract") described as Tract Two in a deed dated March 1, 1968, from Citizens Hotel Company to Fort Worth Chamber Development Corporation, recorded in Volume 4584, page 853 of the Deed Records of Tarrant County, Texas., snore particularly described by metes and bounds as follows: Beginning at the Northwesterly corner of Block, Ill and Lot 8, being the intersection of the Easterly line of Commerce Street and the Southerly line of East Seventh Street-, Thence North 60 degrees East, along the Northerly line of Block 111 and Lot 8 and k,he Southerly line of East Seventh Street, 100 feet to the common North corner of Lot 8 and Lot 10: Thence South, 30 degrees East, along the East Line of Lolls 8, 7, 6, 5, 4, 3, 2, and I and the West line of Lots 10 and 9, a distance of 200 feet to the common South corner of Lots 1 and 9 in the South line of Block, Ill and the North line of East Eligr'nth Street-, Thence South 60 degrees West, along the Southerly line of Lot I and the Northerly hine of East Eighth Street, 100 feet to the Southwest corner of Lot 1 and Block 111, being the intersection of the Northerly line of East Eighth Street and the Easterly line of Commerce Street; 'hence North 30 degrees West, along the West line of Lots 1, 2, 3, 4, 5, 6, 7 and 6 and the West line of Block Ill and the East line of Commerce Street, 200 feet to the place of beginning and containing 20,000 square feet. 111, S17113OLD LEASEHOLD ESTATE. The leasehold estate (the ?'Seibold Leasehold Estate"') created by lease agreement dated March 26, 1960, recorded in Volume 3451, page 26 of the Deed Records of Tarrant County, Texas, by and between Charles W. Seibold, George W. Seibold, Jr., and Ted Seibold, as lessors, and The Fort Worth National Bank, as lessee, as amended and extended by instrument dated June 9, 1979, effective as of July 1, 1979, recorded in Volume 6763. page 1391 of the Deed Records of Tarrant County, Texas, by and between George W. Seibold, Jr., Elizabeth Seibold, and Jean Voss, as lessors, and Fort Worth Chamber EXHIBIT A - Page Two of Seven Pages ,)eveicpment Corporation, as lessee, as further amended by instrument dated September 4. 1979, by and between George W. Seibold, Jr., Elizabeth Seibold, and jean )I7oss, as lessors, and Hunt HotelTort Worth, Ltd., as lessee, recorded in Volume 6805, page 425 of the Deed Records of Tarrant County, Texas, (as such lease has been and may be amended or modified from time to time herein called the "SeiDold Leese"), insofar as same covers and affects the following described real estate: A part of Block- 112 of "Original Town" of Fort Worth in Tarrant County, Texas, and embracing Lots 13 through 16 in Block 112 (the "Seibold Tract") described in deed dated May 1, 1969, from Continental Realty Corporation to State Reserve Life Insurance Company recorded in N'olume 4717, page 873 of the Deed Records of 1 arrant County, Texas, more particularly described by metes and bounds as I allows: Beginninc, all the Northeasterly corner of Block 112 and Lot 16, being, the interesection of the West line of Commerce Street with the South line of East Seventh Street; T I'I, I hence South 30 degrees East, along the East line of Lots 16, 15, 14, and 13, and the West line of Commerce Street, 100 feet to the Southeast corner of Lot 13: Thence South 60 degrees West, along the South line of Lot 13 and the North line of Lot, 12, a distance of 100 feet to the common corner of Lots 12, 13, 4 and 5-. Thence North 30 degrees West, along the West line of Lots 13, 14, 15, and 16 and the East line of Lots 5, 6, 7 and 8, a distance of 100 feet to the common North corner of Lot 16 and Lot 6 in the North line of Block 112 and the South line of East Seventh Street; Thence North 60 degrees East, along the North line of Lot 16 and the South line of -East Seventh Street, 100 feet to the place of beginning and containing 10,000 square feet; SAVE AND EXCEPT, the Real Property Loan Instruments as modified, by this instrument do not cover, and there is hereby retained and excluded from the conveyances thereby made, any rights, titles, and interests (other than rights of subjacent and lateral support) of Hunt Hotel Fort Worth, Ltd. (whether now owned or hereafter acquired) in and to the Seibold Tract (including rights and interests in the Seibold Lease) below the ground surface level of the Seibold Tract and below the first floor of the Improvements thereon. 14". 0),'ERHEAD PASSAGEWAY. Subject to the rights of the City of Fort Worth and subject to the rights of the public to the use and enjoyment of the rights-of-wFy above and below the following, that certain above ground passageway (the "Overhead Passageway") connecting the Hotel Texas Tract and the Executive Wing Tract, being more particularly described as follows; EXHIBIT A - Page Three of Seven Pages Part of Commerce Street between Blocks III and 112 of "Original Town" of Fort Worth in Tarrant County, Texas and embracing that portion of Commerce Street whi& the Overhead Passageway connecting the improvements on and being between Blocks 111 and 112 is located, being located above the surface of the following described really: Commence at the Southeasterly corner of Block 112 being the interestion of the North line of East Eighth Street and the West line of Commerce Street and then run North 30 degrees West, along the East line of Block 112 and the West line of Commerce Street, 10-75/100 feet to a point for the Southwesterly and beginning corner of the parc�; being hereby described, Thence North 60 degrees East, crossing Commerce Street generally along the Southerly face of the most Southerly wall of the Overhead Passageway, 79-92,'100 feet to the West line of Block Ill for the East line of Commerce Street-, Thence North 30 degrees West, along the 1�est line of Block Ill and the East line of Commerce Street, 11-9/10 feet to the Northerly face of the most Northerly wall of the Overhead Passageway; n Thence South 60 degrees West, crossing Commerce Street, generally along the Northerly face of the wall of the Overhead Passageway, 79-92/100 feet to the East 1'ne of Block 112 for the West line of Commerce Street; Thence South 30 degrees East, along the East line of Block 112 and the West line of Commerce Street, 11-9/10 feet to the place of beginning and containing 951 square feet. V. STREETS ADJACENT TO HOTEL TEXAS TRACT AND THE TESCO OFFICE TRACT. Subject to the rights of the City of Fort Worth and subject to the rights of the public to use and enjoy the rights-of-way existing on the following described realty, being that one-haLf (1/2) portion of Eighth Street, Main Street, Seventh Street and Commerce Street which adjoins the Hotel Texas Tract and the TESCO Office Tract, more particularly described by metes and bound,, as follows: Beginning at the Southeasterly corner of Block 112 at the intersection of the Northerly line of Eighth Street and the Westerly line of Commerce Street; Thence North 30 degrees West, along the East line of Block 112 and the Westerly line of Commerce Street, 100 feet to the common East corner of Lots 12 and 13 in Block, 112; Thence North 60 degrees East 39-97/100 feet to the middle of Commerce Street-, Thence along the middle of Commerce Street: South 29 degrees-59 minutes-30 seconds East 100-01/100 feet; and South 29 degrees-59 minutes-39 seconds East 30-10/100 feet to the middle of Eighth Street; EXHIBIT A - Page Four of Seven Pages Thence along the middle of Eighth Street: South 60 degrees-07, minutes-49 seconds West 39-95/'100 feet; South 60 degrees-no minutes-10 seconds West 200 feet*, and So,;th, 59 degrees-59 minutes-55 seconds Wes, 39-98.,'100 feel, to the middle of Miain, Street; Thence along the middle of Main Street: North 29 degrees-57 minutes-59 seconds 11,1'est 30-01,1100 feet: North 30 degrees West 199-994/1000 feet; and North 30 degrees-no minutes-51 seconds West 30-035,11000 feet to the middle of Seventh n Street; Thence along the middle of Seventh Street: North 60 degrees-no minutes-21 seconds East 39-9$x'100 feet; and North 60 degrees-no minutes-38 seconds East 99-991 100 feet; Thence South 30 degrees East 30-01/100 feet to the North line of Block 112 and the Southeriv Lne of Seventh Street at the common North corner of Lots 8 and 16; Thence South 60 degrees West, along the North Line of Block 112 and the Southerly line of Seventh Street, 100 feet to the Northwesterly corner of Block 112; Thence South 30 degrees East, along the Westerly line of Bnock 112 and the Easterliv line of Main Street, 200 feet to the Southwesterly corner of Block 112; Thence north 60 degrees east, along the southerly line of Block 112 and the northeriv line of said Eighth Street, 200 feet to the place of beginnin--7, and containing 24,594 square feet; SAVE AND EXCEPT, with respect to the portions of the above-described realty that adjoins the TESCO Office Tract, t he Real Property Loan Instruments as modified by this instrument do not cover, and there is hereby retained and excluded from the conveyances thereby made, any of the rights, titles, and interests (other than rights of subjacent or lateral support) of Hunt Hotel/Fort Worth, Ltd. (whether now owned or hereafter acquired) in and to such port;ons of the realty that adjoins the TESCO Office Tract below the ground surface level of such realty. STREETS-ADJACENT TO THE SEIBOLD TRACT. Subject to the rights of the City of Fort Worth and subject to the rights of the public to use and enjoy the ghts-of-way existing on the realty covered by the following described leasehold estate, the leasehold estate under the Seibold Lease in and to the one-half (1/2) portion of Seventh Street and Commerce Street which adjoins the Seibold Tract, more particularly described by metes and bounds as follows: Beginning at the Northeasterly corner of Block 112 at the intersection of the South line of Seventh Street and the West line of Commerce Street; Thence South 30 degrees East, along the Easterly line of Block 112 and the Westerly line of Commerce Street, 100 feet to the common East corner of Lots 12 and 13 in Block 112; EXHIBIT A - Page Five of Seven Pages 1-hence North 60 degrees East 39-971100 feet to the middle of Commerce Street; Thence along the middle of Commerce Street: North 29 degrees-59 minutes-30 seconds West 99-99/100 feet-, and North 29 degrees-59 minutes-04 seconds West 29-961100 fee, to the middle of Seventh Street; Thence along the middle of Seventh Street: South 60 degrees-02 minutes-59 seconds West 39-96/100 feet; and South 60 degrees-no minutes-38 seconds West. 100-01,100 feet; Thence South 30 degrees es East 30-01/100 feet to the North line of Block, 122 and the Southerly Line of Seventh Street at the common North corner of Lots 8 and 16 in� Block 112: Thence North 60 degrees East, along the North line of Block 112 and the Southerly hne of Seventh Street, 100 feet to the place of beginning and containing 8195 square feet; SAVE,AND EXCEPT, the Real Property Loan Instruments as modified by this instrument do not cover, and there is hereby retained and excluded from the conveyances thereby made, any rights, titles and interests (other than rights gh 5 oi su'D��acent or lateral support) of Hunt Hotel;Fort Worth, Ltd. (whether now owned .p or hereafter acquired) in and to the above-described realty (including rights and interests in the Seibold Lease) below the ground surface level thereof. vl: STIREFTS ADJACENT TO THE EXECUTIVE WING TRACT. Subject to the rights of the Citv of Fort Worth and subject to the rights; of the public to use and enjoy the ghts-of-wav existing on the following described realty, the one-half (1/2) portion of Seventh Street, Eighth Street and Commerce Street which adjoins the Executive Wing T,-act, more particularly described by metes and bounds as follows: I'ie­-JLning at the Southwesterly corner of Block 111 at the intersection of the aserlv line of Commerce Street and the Northerlv line of Eighth Street; /"hence North 60 degrees East, along the Southerly line of Block 111, a distance of 100 feet-, Thence South 30 degrees East 30-175/1000 feet to the middle of Eighth Street; Thence along the middle of Eighth Street: South 59 degrees-59 minutes-49 seconds West 100 feet; and South 60 degrees-06 minutes-53 seconds West 39-951100 feet to the middle of Commerce Street; Thence along the middle of Commerce Street: North 30 degrees-no minutes-35 seconds West 30-10/100 feet; North 30 degrees-no minutes-26 seconds West, 200 feet; and North 30 degrees Wes' 29-96/100 feet to the middle of Seventh Street; Thence along the middle of Seventh Street: North 60 degrees-01 minute-43 seconds East 39-98/100 feet; and North 60 degrees East 100 feet; -XHIBIT A Page Six of Seven Pages Thence South 30 degrees East 29-941"100 feet to the Northerly line of Block 111; Thence South 60 degrees West, along the Northerly line of Block III a distance of !00 feet; Thence South 30 degrees East, along the Westerly line or Block 111, a distance of 200 feet to the place of beginning and containing 16,406 square feet. EXHIBIT A Page Seven of Seven Pages EXHIBIT B THE CITY PROPERTY The City Property is comprised of the following: (1) The Easterly 1/2 of Block 114 of Original Town of Fort Worth in Tarrant County, Texas; and embracing Lots 9 through 16 in said Block and the Easterly 1/2 of the alley adjoining said Lots on the West, and being the three tracts described in the deeds to the City of Fort Worth recorded in Volume 6892, Page 1350, Volume 6868, Page 1718, and Volume 6834, Page 2190 of the Tarrant County Deed Records, described by metes and bounds as follows: Beginning at the Southeasterly corner of said Block 114 at the intersection of the Westerly line of Main Street and the Northerly line of Ninth Street; Thence South 60 degrees West, along the Southerly line of said Block 114 and the said Northerly line of Ninth Street, 100 feet to a point for corner; Thence North 30 degrees West, along the middle of said alley, adjoining Lots 9 through 16 on the West, 200 feet to the Northerly line of said Block 114 and the Southerly line of Eighth Street; Thence North 60 degrees East, along the said Northerly line of Block 114 and the said Southerly line of Eighth Street, 100 feet to the Northeasterly corner of said Block 114 and the said Westerly line of Main Street; and Thence South 30 degrees East, along the Easterly line of said Block 114 and the said Westerly line of Main Street, 200 feet to the place of beginning and containing 20,000 square feet, more or less. (2) A part of Block 115 of the Original Town of Fort Worth in Tarrant County, Texas and embracing all of Lots 5, 6, 7, 8, 13, 14, 15 and 16 and a portion of Lots 1, 2, 3 and 4 in said Block, described by metes and bounds as follows: Beginning at the Northeasterly corner of said Block 115 for the intersection of the Southerly line of Eighth Street and the Westerly line of Commerce Street and from which a tack set in a lead plug bears North 30 degrees West 5 feet and North 60 degrees East 5-4/10 feet; Thence South 30 degrees East, along the Easterly line of said Block 115, along the Easterly line of Lots 16, 15, 14 and 13 for the said Westerly line of Commerce Street, 100 feet to a galvanized spike for the common East corner of Lots 13 and 12; Thence South 60 degrees West, along the common line of said Lots 13 and 12, a distance of 100 feet to a galvanized spike for the common corner of Lots 4, 5, 12 and 13; Thence South 30 degrees East, along the common line of said Lots 12 and 4, a distance of 9-33/100 feet to a galvanized spike; Thence South 60 degrees West 4-50/100 feet to a galvanized spike; EXHIBIT B — Page 1 of 2 Pages Thence South 30 degrees-01 minute-44 seconds East, through Lots 4, 3, 2 and 1, a distance of 90-671100 feet to the Southerly line of Lot I and said Block 115 in a Northerly line of Ninth Street from which a "Y" marked on concrete walk bears South 30 degrees-01 minute-44 seconds East 3 feet; Thence South 60 degrees West, along the said Southerly line of Lot I and Block 115 and the said Northerly line of Ninth Street, 95-55/100 feet to the Southwesterly corner of said Block, 115 for the intersection of said Northerly line of Ninth Street and the Easterly line of Main Street from which a tack set in a lead plug bears South 30 degrees East 3 feet and south 60 degrees West 5 feet; Thence North 30 degrees West, along the Westerly line of Lots 1 through 8 and the Westerly line of said Block 115 for the said Easterly line of Main Street, 200 feet to the Northwesterly corner of said Block 115 for the intersection of the said Easterly line of Main Street and the said Southerly line of Eighth Street from which a tack set in a lead plug bears South 60 degrees West 5 feet and North 30 degrees West 5 feet; and Thence North 60 degrees East, along the Northerly line of Lots 8 and 16 and the Northerly line of said Block 115 for the said Southerly line of Eighth Street, 200 feet to the place of beginning and containing 29,594 square feet, more or less. (3) The subsurface portion of Main Street between Block 114 and Block 115 of the Original Town of Fort Worth, Tarrant County, Texas, being South of the South right-of-way line of 8th Street and North of the North right-of-way line of 9th Street. EXHIBIT B - Page 2 of 2 Pages 0005-0032-00582 EXHIBIT C OLD EIGHTH STREET That certain real property, formerly known as Eighth Street, which is between Main Street and Commerce Street and Block 112 and Block 115 of Original Town of Fort Worth in the City of Fort Worth, Tarrant County, Texas, being more particularly described by metes and bounds as follows: Beginning at the Southwesterly corner of said Block 112 of the Original Town of Fort Worth at the intersection of the Northerly line of said former Eighth Street and the Easterly line of Main Street; Thence South 30 degrees East, across said former Eighth Street, 60-02/100 feet to the Northwesterly corner of said Block 115 of the Original Town of Fort Worth and the intersection of the said Easterly line of Main Street and the Southerly line of said former Eighth Street; Thence North 60 degrees-no minutes-10 seconds East,along the said Southerly line of said former Eighth Street and the Northerly line of said Block 115 of the Original Town of Fort Worth, a distance of 200 feet to a Northeasterly corner of said Block 115 of the Original Town of Fort Worth,and the Westerly line of Commerce Street; Thence North 30 degrees West, across said former Eighth Street 60-03/100 feet to the Southeasterly corner of said Block 112 of the Original Town of Fort Worth and the intersection of the said Westerly line of Commerce Street and the Northerly line of said former Eighth Street; and Thence South 60 degrees West, along the Northerly line of former Eighth Street and the Southerly line of said Block 112 of the Original Town of Fort Worth, a distance of 200 feet to the place of beginning and containing 12,005 square feet. B L 0 C K 11 2 Ui W W S 6 0 W Ui 200 to X 0 L 0 Li 01 0 0 E I G H T H S T R E E T 0 0 W 12,005 S q u a r e F ee t z LLJ 200 N60-00-10E 0 B L O C K 115 EXHIBIT C - Page Solo EXHIBIT D NEW EIGHTH STREET dieing the surface of and that portion above the surface necessary for vehicular and pedestrian traffic of that certain real property, now known as Eighth Street as presently constructed and existing, which is between Main Street and Commerce Street and Block 112 and Block 115 of Original Town of Fort Worth, City of Fort Worth, Tarrant County,Texas, being more particularly described by metes and bounds as follows: Commence at the Southwesterly corner of said Block 112 of the Original Town of Fort Worth at the intersection of the Northerly line of Old Eighth Street as described on Exhibit-C hereto and the Easterly line of Main Street and then run South 30 degrees East ,along the said Easterly line of Main Street 18-02/100 feet to the Northerly side or back of a curb for beginning point; Thence along the said back of curb: North 62 degrees-44 minutes East 8-31/100 feet to the beginning of a curve to the left with a radius of 6 feet; then along said curve to the left 6-05/100 feet to its end and the beginning of a curve to the right with a radius of 5-25/100 feet; then along said curve to the right 5-03/100 feet to its end; then North 59 degrees-53 minutes-14 seconds East 45-25/100 feet to the beginning of a curve to the right with a radius of 6-08/100 feet; then along said curve to the right 6-37/100 feet to its end and the beginning of a curve to the left with a radius of 6-10/100 feet; then along said curve to the left 6-38/100 feet to its end; then North 59 degrees-59 minutes-19 seconds East 54-32/100 feet to the beginning of a curve to the left with a radius of 6 feet; then along said curve to the left 6-28/100 feet to its end and the beginning of a curve to the right with a radius of 6 feet; then along said curve to the right 6-29/100 feet to its end; then North 59 degrees-59 minutes-18 seconds East, passing the end of said curb and continuing in all 44 feet to the beginning of a curve to the right with a radius of 5-25/100 feet; Thence along said curve to the right 5-05/100 feet to its end and the beginning of a curve to the left with a radius of 6 feet; Thence along said curve to the left 6-05/100 feet to its end; Thence North 57 degrees-19 mintutes-50 seconds East 8-19/100 feet to the Westerly line of Commerce Street; Thence South 30 degrees East, along the said Westerly line of Commerce Street, 42-02/100 feet to the Northeasterly corner of said Block 115 of the Original Town of Fort Worth; Thence South 60 degrees-no minutes-10 seconds West, along the Northerly line of said Block 115 of the Original Town of Fort Worth and the Southerly line of present Eighth Street, 200 feet to the Northwesterly corner of said Block 115 of Original Town of Fort Worth and the said Easterly line of Main Street; and Thence North 30 degrees West, along the said Easterly line of Main Street, 42 feet to the place of beginning and containing 8,774 square feet. EXHIBrl' D- Page One of Two Pages This conveyance and dedication of New Eighth Street, as described above, is not intended to convey or dedicate, and the City and Hunt Hotel hereby reserve, unto themselves, and their respective successors and assigns, all rights, titles, interests, and estates that they may presently and respectively own or hereafter acquire in the su4surface of New Eighth Street and in the air rights and estates above a height that is presently required for vehicular and pedestrian traffic and access on the surface of New Eighth Street; and, further, this conveyance and dedication of New Eighth Street is not intended to convey or dedicate for use by the public and there is hereby excepted from the above-described property, the Canopy and Column Property described on Exhibit E hereto. However, such exception and reservation shall not include any unreasonable interference with the public's access to any portion of New Eighth Street for pedestrian and vehicular traffic. A pictorial representation of New Eighth Street and the Canopy and Column Property is attached hereto as Annex I for reference purposes. t� B L 0 C K 112 W W N 5 9-53-14 E N 59-5949E CC W N 2•44E 45KY 44 N57� .50f 5432 ct: 41 C%I S 1' R E E T 6 W z N E W E I G H T H ST R E ET °, 0 Cr rn 200 1(n W S 60.00-10 -W BLOC K 115 U EXHIBIT D - Page Two of Two Pages EXHIBIT E CANOPY AND COLUMN PROPERTY The easement retained and granted herein to Hunt Hotel with respect to the improvements herein described covers and affects the following described property: 1. With respect to the overhead canopy and related improvements: That certain tract of real property being a part of the real property described as Old Eighth Street on Exhibit C hereto and as New Eighth Street on Exhibit D hereto between Main Street and Commerce Street and Block 112 and 115 of the Original Town of Fort Worth in the City of Fort Worth, Tarrant County, Texas, being more particularly described by metes and bounds as follows: Commence at the Southwesterly corner of said Block 112 of the Original Town of Fort Worth and then run South 30 degrees East along the Easterly line of said Main Street 18-02/100 feet to the Northerly side or back of a curb and then along the said back of curb North 62 degrees-44 minutes East 8-31/100 feet to the beginning of a curve to the left with a radius of 6 feet; then along said curve to the left 6-05/100 feet to its end and the beginning of a curve to the right with a radius of 5-25/100 feet; then along said curve to the right 5-03/100 feet to its end; north 59 degrees-53 minutes-14 seconds east 45-25/100 feet to the beginning of a curve to the right with a radius of 6-08/100 feet; then along said curve to the right 6-37/100 feet to its end and the beginning of a curve to the left with a radius of 6-10/100 feet; then along said curve to the left 6-38/100 feet to its end for the Northwest and beginning corner of the tract being herein described; Thence South 30 degrees-no minutes-41 seconds East 40-42/100 feet to the North line of said Block 115 of the Original Town of Fort Worth and the Southerly line of Old Eighth Street, from which the Northwesterly corner of said Block 115 bears South 60 degrees-no minutes-10 seconds West, 73-61/100 feet; Thence North 60 degrees-no minutes-10 seconds East, along the said Northerly line of said Block 115 of the Original Town of Fort Worth and the Southerly line of Old Eighth Street, 53-91/100 feet; Thence North 30 degrees-no minutes-41 seconds West 40-43/100 feet to the said back of a curb; and Thence South 59 degrees-19 minutes-19 seconds West, along said back of curb 53-91/100 feet to the place of beginning and containing 2,179 square feet; and #0 NO 8 L 0 C K 11 2 W W W R 4' S 59 - 19 19 W 53 T H t�: t7 0 C a n a p y 00 0 W V) Encroo c h ment 0 O 2 1 7 9 S q u a r e Cs rJ Feet z z • 3 53 91 W N 60-00.10 E 0 8 L 0 C K 115 EXHIBIT E Page One of Four Pages NORTH W 1 Canopy vs 4 0 CID fu , �) v c co E Walk 15 l0 2_T 135.5 24 0 dalSCALE: I inch-to feet NORTH niI Z G a n a p y CD t 4) rC.D c ic E E -4 KY 0 W Ir .0 7 Z Sol 21 6 25 0.1 (6 X166 0 SCALE: I inch=10 feel 7, T E Page Two of Four Pages �7 11. With respect to canopy support column and related improvements: That certain tract of real property being a part of the real property described as Old Eighth Street on Exhibit C hereto and as New Eighth Street on Exhibit D hereto between Main Street and Commerce Street and Block 112 and 115 of Original—Town of Fort Worth in Tarrant County, Texas, being more particularly described as follows: Commence at the Northwesterly corner of said Block 115 of the Original Town of Fort Worth at the intersection of the Easterly line of Main Street and the Southerly line of Old Eighth Street and then run North 60 degrees-no minutes-10 seconds East along the northerly line of said Block 115 of the Original Town of Fort Worth and the Southerly line of Old Eighth Street, 73-61/100 feet and then North 30 degrees-no minutes-41 seconds West 2-2/10 feet to the Southwest and beginning corner of the tract being herein described; Thence North 30 degrees-no minutes-41 seconds West 4-5/10 feet; Thence North 60 degrees-no minutes-10 seconds East 53-91/100 feet; Thence South 30 degrees-no minutes-41 seconds East 4-5/10 feet; and Thence South 60 degrees-no minutes-10 seconds West 53-91/100 feet to the place of beginning and containing 242-6/10 square feet in which six 2-5/10 feet by 2-5/10 feet concrete columns are located; and B L 0 C K 112 W W Uj W X W 2426 S q u a r e Feet cc z M XJV W 73 N 60-00-10E B L 0 'C K 115 0 Canopy S uport Cot urnn -' E n c r a a c h m e n t EXHIBIT E - Page Three of Four Pages III. With respect to the entrance column - West end and related improvements. That certain tract of real property, together within an area of a two-foot radius around such tract, being a part of the real property described as Old Eighth Street on Exhibit C 7— hereto and as New Eighth Street on Exhibit D between Main Street and Commerce Street and Blocks 112 and 1.15 of the Original Town of Fort Worth in the City of Fort Worth, Tarrant County, Texas, such tract being more particularly described by metes and bounds as follows: Commence at the Southwesterly corner of said Block 112 of the Original Town of Fort Worth and then run South 30 degrees East 45-09/100 feet and then North 60 degrees East 29/100 of a foot to the Northwest and beginning corner of the tract being herein described; Thence North 60 degrees East 2 feet; Thence South 30 degrees East 5-46/100 feet; Thence South 60 degrees West 2 feet; and Thence North 30 degrees West 5-46/100 feet to the place of beginning and containing 10-9/10 square feet; and IV. With respect to the entrance column - East end and related improvements; That certain tract of real property, together with a two-foot radius around such tract, being a part of the real property described as Old Eighth Street on Exhibit C hereto and as New Eighth Street on Exhibit D hereto between Main Street and Commerce Street and Blocks 112 and 115 of Original Town of Fort Worth in the City of Fort Worth, Tarrant County, Texas, such tract being more particularly described by metes and bounds as follows: Commence at the Southeast corner of said Block 112 of the Original Town of Fort Worth and then run South 30 degrees East 44-98/100 feet and then North 60 degrees East 40/100 of a foot to the Northeast and beginning corner of the tract being herein described; Thence South 30 degrees East 5-46/100 feet; Thence South 60 degrees West 2 feet; Thence North 30 degrees West 5-46/100 feet; Thence North 60 degrees East 2 feet to the place of beginning and containing 10-9/10 square feet. A pictorial representation of New Eighth Street and the Canopy and Column Property is attached hereto as Annex I for reference purposes. B L 0 C K 112 W 200 W cr W N 60 E W X F- V E n t r on ce C olu rnn W West E n d Entrance Z' lot Square Feet C a f u rn a cc E a s t E n d N60-00-10E 10! Square Feet W 200 z B L 0 C K 115 EHIBIT E Page Four of Four Pages ANNEX I M A I N S T R E E T S { k k P g 1 f _ ! o M 11 rt i M m m i C N 1 t7 I rF I ro z 1 t m m r� r _„ o m r 1 m > � m i i � o € m ! M � H [} i 47) co CD k 1 N i 1 6-1 ( 1 I F a 'it { 8iT m O C ! H z 4 cr ca 1 ! ( O -t C? O 1 3 1 110 cn � � I U' m n { c :3 C h ! a t N -s m CD m n ! m CDa o ID m 1 rr C f 1 � I t ' Z 1 L C O M M E PC E S T R E E T Fort Worth, 'T-evas ,r E FPropertY, NUM"), SUVA CT; Etttht Street improvements — ,.�••• IPAGL zIiF R_, _ PZ-1041 1Iyr1:t Regency PE(Iject e City of Fart Werth and Hunt Hotel/Fort Worth, Ltd., owners of all, abutting TMm have requested vacation and closing of that portion of Eighth Street between Main Street and Commerce Street, in Conjunction with the construction of a Public plaza and subsurface parking garage facility by the City, and the o£ the Fort Worth Hyatt Regency Hotel by Hunt Hotel/Fort Worth, Ltd, The closing of this portion of Eighth Street will be accompanied by a rededica- tion of the some block, in its new Configuration, through a separate agreement between the City and Hunt Hotel/Fort Worth, Ltd. The agreement will dedicate this portion of E1 hth Street as a +easem ta, The a regiment will, alsopuhlic street, and will retain all utility permit been constructed by Hunt Hotel as a part ofc Its adevelopment moftthe Hyatthave Regency, including a canopy, support columns and entrance Columns at both ends Of the block. Reviewing City departments and private utility companies have are re no ed. The to this request, provided all existing utility easements are retained, The City Plan Commission has reviewed this request and recom- mends that the subject street be vacated and rededicated as requested. Recommendation It is recommended that: l) An ordinance be adopted vacating Eighth Street in the 100 black from Main Street to Commerce Street as recommended by the Ci„y Plan Commission; and The City Manager be authorized to execute an agreement with Hunt Hotel/Fort Worth, Ltd., rededicating Eighth Street in the 100 block from Main Street to Commerce Street, in its new con- figuration as a public right-of-way for street and sidewalk purposes, and permitting the encroachments constructed by Hunt Hotel./Fort Worth, Ltd. described above, as also recommended by the City Plan Commission. CC At t�ec hment 6 { {{ yy Stlahtf T'f,C)EI:kR iH� -----.•.•.•.,'.�.�.-"_ CITY MANAGER'S "^'----'----+•.••�-_..... 4 a_'Sw,, fY!E`zE"E aY DISPO SITION By COUNCIL: PROCESSED ay ._ - _ ` C) APPROVED (Tr PART MEN e NEA[ Joe Hilardi �+ et 1S IT DESCRIBE} FOR At)cr�r3t?Ndit.PNrerRMAfION CITY SECRETARY c sNZnea Joe Hi.lardi, east 7820 DATE