HomeMy WebLinkAboutContract 3083 t ,I
THIS AGREEMENT, made this the �� day of , 19�W, by
, and between The Texas and Pacific Railway company, a corporation created and existing
under Acts of Congress of the United States, hereinafter called TLicensor," and the
City of Fort Worth, Tarrant County, S ate of Texas, hereunto authorized by resolution
of the City Council dated the day of , 194Et, acting through
"Licensee,"
its duly appointed. and authorized City 1�Iatarrge hereinaft .. called Licensee,
W i T H E S S. }E 1 H%
' Licensee desires to use a portion of the property of the Licensor in the Gity
of Fort Worth, Tarrant Colmty, Texas, upon which to construct and maintain a section
of the East-West Freeway, which is agreeable to Licensor upon the terms and conditions
hereinafter. stated,
A G R E E M E N T
=,,icle II
Licensor, for and in consideration of the sum. of One ($1.00) Dollar cash -to
it paid by Licensee, receipt whereof is hereby acknowledged, and of the full and
faithful performance by Licensee of its covenants hereinafter set forth, hereby li-
censes Liev7see to use a portion of its property situated in 'the City of Fort Worth,
Tarrant Couazty, Texas, for the purpose of constructing and maintaining thereon a sec r
Lion of the East-West Freeway. The property, license to use which is hereby granted,
is described as follows:
Portions of the E. S.. Harris, A. Voght and Thomas White surveys situated
in the City of Fort Worth, Tan.-ant County, Texas, and embracing a portion
of the tract conveyed to The Texas and Pacific Railway Company by deed of �
record in Volume N, Page 365 of the D"d Records of said Tarrant County,
hereinafter referred to an Traci;, "Ell; and portion of tract cou eyed to
The Texas and Pacific Railway Company by deed of record in Volume L, page
590 of the said :Deed Records, hereinafter referred to as Tract ''FHB; and
portions of 'tract conveyed to The Texas and Pacific Railway Company by
deed of record in Volume K, Page 551. of said Teed Records, hereinafter re-
ferred to as Tract "G"; and portion of tract conveyed to W. H. Abrams, �
v Trustee, by deed of record in Volume 325, Page 233 of said Teed Records,
hereinafter referred to as Tract saki"y and a portion of tract awarded to
The Texans and Pacific Railway Company by said Tarrant County Court Cause
No. 26971 of record in thz nd nutes of said court in .Book 34, Wage 969
4 hereinafter referred to as Tract Hill; EXCEPT that portion of said tracts
heretofore conveyed to Tarrant County b,r deed of record in Volume 1129,
Page 555 of said Treed Recorda, and except -that por t.. ,)n of said Harris Sur-
vey contained within the following described tract heretofore conveyed to
!'arrant County by a deed of record in Volume 56, Page 66 of said deed re�
cox ds.
R.
BEGINNING at a point in the Test line of said Voght Survey, said
point being the Northeast corner of said Tract "E4l, and being located
3463X3 feet South of the North corner of said Voght Survey;
THENCE North with -the West line of said Voght Sin'crey 30.1.1 feet to
the Northwest comer of said Tract 'IF";
MUM,MOM
}' f
6 '
^° Page c m
TM Nortli 560 074 Fast along t1le ���0�°�1 Ityle of said. Tract °°T'�¢
333.1 fact to its Northeast corner :Ln the East line of said Vog it Surwey
auc, West line of se-id Harms s4ne
TONGE North 4F 39t 14est, along said co,�mo_. linep 453 feet. * a point
in the proposed Norbh right of way line of the a,ast,-Vast Freeways said
point 'baring North €$30 054 East, 79/+ feet from m concrete higlway monnnent
in said North line p r
THEACE along said Ma•rth right of way lille Noxtth 83° 051 East' 62.1
r f'eet to a conorete highvey n nument9 F
TE3I~N01', North 70P 208 Ebadtq crossing Glear Fork of the `rrinity River,
389.54 feet to a concrete Ughway MOM ntp �
THENCE, North 69" 221 East, 390.1 fat-it to a. concrete highway- Monument,;
TMN(E North 72° 0.1 East, 137.3 feet to a concrete highway monumelxt; 3'
, z Last passing the Southeast corner of a concrete
THI�.CE Worth 5�a." ' 4 p
settling reservoir, in all 172.4 feet to concrete highway r�z �sent' �
,. 4,N0 North 431, 074 East 20 feat to a, po'l.nt in the most Easterlyr
East line of said Tract
THENCE, South 27° 396 East aging said line 23 feet to the ,no,3t Northerly
Southeast wrner of said tract;
TIENCE South 62° 224 West along the most Nor-Uiorly South line of said ,
•tr°aot, 50 feet to are inner corner of said tract; al
THEN(xi South 271 394 East along idle East jLne of said.Tract OH",
165.2 feet to a. point; in the Nortl,,erly line of the old right of way of �
The Texas and Pacific Railway Oornpa.ny as convoyed. 'by said ' ract "G", M
� .
THENCE Northeasterly along said rigtrt of ,ray line, said line 'be'_mg a
auz°ve to the right 4,69 05 x"ee•t to the end of said ctwa'e 9
`I.'Ht'I NCIP, North '11P 564 ga°tv 22 feet;
THEN'GE, South 3,8* 044 East, 22 feet .tee a concrete highway monument in
the px^o;pose�d South right of we, of said ��rx.�tmWert �'r la:l9
THENCE' along said proposed South right of way line, South 610 471
West, 573,,4 feet to a concrete hlgawalr monument; ,.
TnNCE, South 58' 268 West, 302 feet to a cr ncra to highway monamen t;
THENCE, South 53* 238 blest, 191..1. feet to a concrete highway moniment9
r
THENCE South 55" 038 I-Jest, 3-3547 feet-
THE NM North 3e 194 Wes;, 40 fee-t-,
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TiM1210E South 550 421 lees% 300 feet, r;TOssang the Clear Fork Of the �
n Trimity R :ver°s °
E
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Page 3 •�
t THUC,E South 340 1-91 leant, 20 f eet to a a nniorete higIvay monx=a n!t§
7 NCH South 55° 41' We:st, 230.15 feet to a concrete highway mionument,5
MOM South 560 220 West, 77,6 feet to a canesrete highvay mo=Rent$
i
TMCE South 55" 400 West 322.2 feet to a coucerete hig1way m5nument3 �
r
THENCE North 31* 3B a West 38.22 feel, to a point in the forth Idne of
said Tract 1%11; t
.a
TI-MM North 560 078 East along paid Moi:-, line, 209686 x'o®t � the
place of beginning;
And containing 10.2,3:1 acres, of which 0.8 acre Is contained within the
tracts conveyed to `arrant County by said deed of retard in Volume 1:1:29,,
Fags 555 of a4ld. need Reeordu, and 1.442 aorea are contained-wttlal--4, the'.
tract conveyed, to Tarrant County, by deed of record in Volume: 560 Page 66
of the said Deed Records, not in conflict: with said Tract 06ea, leaving .a
net acreage of 9.431 acres .to be conveyed by this description, as s'hMIM,
on plat attached hereto and made a part hereof.
Article 1�
In consideration of the aforesaid license, it is agreed by and between they pares' �
tied hereto as follows:
1. Licensee shall use the property heretofore described exclusively for the
purpose for which License is P_anted �
2. Licensee shall not let or sublet the whole or any part of the licensed preen
ml.ses for any pwrpease wha,tsavver, or assign this license, without the written consent
of Licensor in each instance.
9 llr
3. If they licensed premises, or any part -thereof, ce-ases to be ua,ed aat any
time for the purpose :Licensed, Licensee shall deliver up to Licensor possession of the
whole, or sueh: part, so ceased to be eased„
su . Licensor shall have the right to maintaa.n, use and relocate it;s pipe lines � j6
now located upon the lj^.en9ed preml.ses, or to construct and t1--reafter arse,
or relocate any addit'! _0 pipelines, as it may desire, upon and across said licew;sead.
premises*
5. Licensee shall, at its sole cost and ex>gnse9 constrtact and maintain said
East-West Fa-evjjz , inclucling, but not limited to, all paving, lighting, sidewalks., and
drainage in connection therewith.
6. Licensor shall. not be liable for any damage to said East-West F rere€aaya how-
soever such damage may be amsed, whether by the negligence of Licensor. Its agents,
se-=vants or employees, amless caused by the wilral acts of Liceasor. its asgents, ser°
vazVos or .employees:o Licensee agrees to indemnify brad. hold Licensor harmless fi%)m and
a �
r,
f � .....
a ,
Page . m
agaiwt an alai=, demands, and liabilities for injury .to or death of any person whom-
800701", nx' fOl' diamage to or destraction of properiq tataetsoever, tabitlkz would not have oc«
cp 7m.d but for the conastruc'-Ion, maintenance,, use, oper€at3.o% Or. existence of.4aid East-
West Freewkv on Licensor's premises, or the er-Oval -tth,3;oa f from said premises,.
1 'The Parties mutually agree that this Bce;lse shall be effective from its
date and thereafter so long as said East �rm_,•s� s�a�xol�,nrF sh�i3? be ?o�a0ed and
intalned an t ha licensed px^r vLtseas a
2. The parties •+-hvr zaltually agree that all the terms and covenants hereof
;shall i.nare to the benefit of or bind each N'rtyls lessees, successors, or a°signs, as
wel I as the parties, respectively, as the interest thereof may appear.
WHETMO"p the parties haret/x have caused these presents to be executed
in duplicate can the day first above written.
i
4. Sewretax Hoca3eotive Vice esid:enzt
ATTEST: Tim, any Op' �M_-,7'WoRTH" T1 �c
TLS STATE, OF `d`J3Xraq
COUP 011, DADA-8a if
otrzy Public- in and for ealia +Tau'
aaa 'c.za4a� v tiv. �� t A�
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D. 0--.42 Tr YP.S
T
eld-eat Of 'The
exas and. Pacific Par, u,ay Co,apa4y!, I own to w to be the person whose nab i's subscribed
to the foregoing, .nasxa,,t laexn't and a elmowledged to me that he executed the same for the pur-
poses and es)n-sider°ation therein expressed, and as the act and deed of 'said cca tdrat3cron>
Gl VLH UNE„R �f' HAND AND ,SEAL OF GT`Fi a, this the !� day of �' �:�
A.D.n 19 Ste-, y
Notary Paii�li,ajIm and for Dallas Ccn-arntya, Texas
G' AQ'y`4 ARNOLD
T`IIh.: STATE QED' T.i�7?A5
COUNTY OF .T'ARRAt+PT - r
Vi"u�i 9 .d/(. e�..m9 ':.`,y P134 ..'c in and :t4'Or said County'
and States on this aa� personally appeared �
Gfi.ty Manager of the City of Fort Wox°th� Tarrant Coaxratyp se a6.v 1 �awzi Ica r tea Tie s per-
Tarrant whose name is subscribed to the foregoing instruuta}an't aaxzc- aeI.oisl,rsa�.aed to That has
executed the saute for the parposes and corzside-:a~ti.on therein e..rpressse., and as the act
and deed of said City of Fort Worth, Tarr-ant County,, TieXaas.
CdT.ITi~,I IrII?LR I ' HAND _4ND SEAL OF Cn'FaTCI?, is t11c ` d oy'
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