HomeMy WebLinkAboutContract 49705 CITY SECRETARY / 1 n
CONTRACT N0. �1_`____(�
RIGHT OF WAY DEVELOPMENT ESCROW AGREEMENT
This Right of Way Development Escrow Agreement ("Agreement") is by and among the City of
Fort Worth, a home-rule municipal corporation (the "City"), AIL Investment, L.P., a Texas
limited partnership ("AIL"), and A���crican Escrow Company, a Texas corporation ("Escrow
Agent"), to be effective September ;2017 (the "Effective Date").
RECITALS
WHEREAS, the City for the improvements to North Riverside Drive Phase 5 must take
from AIL the 4 parcels of land--Parcels No. 8, 13, 14 and 14A, described by metes and bounds
and survey plat in the Exhibit 1 attached hereto and incorporated herein by reference (the
"Dedicated Parcels"); and
WHEREAS, the City and AIL have agreed upon the compensation to be paid to AIL for
the Dedicated Parcels, which will be a $324,088.00 credit against future transportation impact
fees that will be due when AIL or its assignee seeks to develop property located within the
boundaries of I.F. Service Area D as described under City of Fort Worth Ordinance No. 18083
and delineated in the attached Exhibit 2; and
WHEREAS, certain electric utility lines (the "Utility Lines") need to be relocated from
their current location shown on Exhibit 3 attached hereto and incorporated herein by reference to
the location shown on said Exhibit 3 (the scope of said relocation being more particularly
described in Exhibit 4 attached hereto and incorporated herein by reference, and said relocation
being referred to herein as the "Utility Relocation";
WHEREAS, AIL is willing to cause the Utility Relocation and the City is willing to
reimburse AIL in cash for the cost of such Utility Relocation up to the amount of$275,000.00
(the"Reimbursement Cap");
WHEREAS, Escrow Agent, the City and AIL desire to detail the consideration to be
tendered to AIL for the Dedicated Parcels and the process for reimbursement of AIL, up to the
Reimbursement Cap, for the Utility Relocation; and
WHEREAS, in accordance with their agreement, the City and AIL also have agreed they
will execute the then standard Transportation Impact Fee Credit Agreement to access and
exchange the credits granted herein against future transportation impact fees when AIL or its
assignee seeks to develop property located within the boundaries of I.F. Service Area D, such
credits not to exceed $324,088.00; and
WHEREAS, in connection with the Utility Relocation, AIL will grant to [ONCOR]
easements across the property shown or described on Exhibit 5 attached hereto and incorporated
herein by reference, on such easement foLU
TOFFICIAL
e mutually agreed upon by AIL and Oncor.
ITECORD
ECRETARYw �v N 4yRTH, TX ^' _�
NOW, THEREFORE, for and in consideration of the mutual promises, covenants and
agreements herein contained, and other good and valuable consideration to each of the parties in
hand paid by each of the other parties hereto, the receipt and sufficiency of which are hereby
acknowledged, AIL, the City, and Escrow Agent do hereby mutually consent and agree that the
following provisions shall govern with respect to the rights, duties and obligations of the parties
hereto with respect to the subject matter hereof.
AGREEMENT
1. The parties hereby find that the recitals set forth above are true and correct and form the
basis upon which Escrow Agent, the City and AIL have entered into this Agreement.
2. On the Effective Date, AIL is delivering to Escrow Agent a deed, executed by AIL, for
the conveyance of the Dedicated Parcels to the City, said deed being in the form of Exhibit 6
attached hereto and incorporated herein by reference (the "Dedication Deed"). In the
Dedication Deed, AIL will reserve its right title and interest in and to the minerals and water
in, on and under the Dedicated Parcels, but provided that AIL shall have no right of access to
the surface of the Dedicated Parcels for purposes of exploring, developing, mining or drilling
for them.
3. Within one business day after the Effective Date, Escrow Agent agrees to cause the
Dedication Deed to be recorded in the Real Property Records of Tarrant County, Texas.
4. As consideration for AIL's delivery of the Dedication Deed, City hereby grants AIL a
$324,088.00 credit against future transportation impact fees that would become due when
AIL or its assignee seeks to develop property located within the boundaries of I.F. Service
Area D as described under Ordinance No. 18083 and delineated in the attached Exhibit 2.
City and AIL will, from time to time, execute the then standard Transportation Impact Fee
Credit Agreement to access and exchange the credits granted herein against future
transportation impact fees when AIL or its assignee seeks to develop property located within
the boundaries of I.F. Service Area D, such credits under such applicable Transportation
Impact Fee Credit Agreements not to exceed a cumulative total of $324,088.00 (for the
avoidance of doubt, AIL and/or its assignees will receive a total of $324,088.00 in credits
against future transportation impact fees in such Transportation Impact Fee Credit
Agreements, although there may be multiple Transportation Impact Fee Agreements since
AIL and/or its assignees may seek portions of such $324,088.00 in credits over time as AIL
and/or its assignees seek to develop such property).
5. On the Effective Date, the City has placed into an escrow account with Escrow Agent an
amount equal to the Escrow Cap, which is the estimated cost of designing, engineering and
constructing the Utility Relocation, for the purpose of reimbursing AIL for said costs (the
"Escrow Deposit'). The Escrow Agent agrees to receive, hold and disburse the Escrow Deposit
(which together with any interest accrued thereon shall be referred to collectively as the "Escrow
Funds") in accordance with this Agreement.
6. Subject to the terms, provisions and conditions of this Agreement, the City and AIL
hereby designate Escrow Agent as the escrow agent with respect to the escrow of the Escrow
Deposit. Escrow Agent hereby accepts the obligations and duties of escrow agent with regard to
the retention and disposition of the Escrow Funds in accordance with the terms, provisions and
conditions of this Agreement and agrees to serve as escrow agent hereunder.
7. During the term of the escrow created hereby, Escrow Agent shall invest the Escrow
Funds in a money market fund at Texas Capital Bank,provided that such investments will enable
the parties hereto to obtain delivery and payment of the Escrow Funds on notice of not more than
seven days. All income derived from the principal of the Escrow Funds during the term hereof
shall become part of the Escrow Funds. All investments shall be under the taxpayer identification
number of the City.
8. Escrow Agent agrees to hold the Escrow Funds in compliance with Chapter 2257 of the
Texas Local Government Code and will provide City a monthly report showing pledged
collateral.
9. AIL shall cause completion of the Utility Relocation on or before
March 1, 2018, subject to extension for Force Majeure as defined in section
10 below (said date, as extended by Force Majeure, being referred to
respectively herein as the "Completion Deadline'g.
10. In the event performance by AIL of any covenant or obligation contained in this
Agreement is delayed or prevented by any war, national emergency, accident, Act of God, strike,
lockout, civil riot, any act or omission of the City, any other governmental entity, Oncor or any
other utility company (including a refusal or delay in granting a reasonable temporary
construction or maintenance easement), weather or flood, fire or damage by other casualties, a
delay or inability in obtaining governmental or utility company permits and/or authorizations,
shortage of materials, or any other reason beyond the reasonable control of AIL (collectively,
"Force Majeure"), the period for performance of such covenant or obligation including, without
limitation, any Completion Deadline, shall be extended for a period equal to the period AIL is so
delayed or hindered.
11. (a)AIL shall be authorized to receive the Escrow Funds upon completion of the Utility
Relocation and receipt by the City and Escrow Agent of the following(collectively, the "Work
Evidence"):
(1) A written certification from AIL stating that the Utility Relocation has
been completed, which shall be verified by the City's inspection(s) thereof (such
verification not to be unreasonably withheld or delayed, and if such verification or a
notice of noncompliance (a "Notice of Noncompliance") is not delivered to AIL and
Escrow Agent in writing within ten (10) business days following AIL's delivery of the
certification, compliance shall be deemed to be verified by the City and Escrow Agent
shall deliver to AIL the amount for reimbursement specified in the certification); and
(2) Invoices from the design professionals, general contractor and/or
subcontractors evidencing the costs incurred with respect to the Utility Relocation.
(b) Notwithstanding the foregoing, if the costs incurred by AIL in causing completion of the
Utility Relocation are less than the amount of Escrow Funds held by Escrow Agent, Escrow
Agent shall deliver to AIL an amount equal to the total costs incurred by AIL as evidenced by
the invoices, and validated by City, referenced in section I I(a) (2) above, and any remaining
Escrow Funds shall be returned to the City.
(c) If a Notice of Noncompliance is delivered to Escrow Agent within 10 business days,
Escrow Agent shall withhold disbursement of the Escrow Funds until it receives either joint
written instructions from the parties, a judgement from a court of competent jurisdiction, or a
final arbitration award.
12. Notwithstanding anything to the contrary, if AIL fails to complete the Utility Relocation
by the Completion Deadline(subject to Force Majeure), then the City, as its sole and exclusive
remedies, has the right to:
(a) notify AIL and Escrow Agent of its demand to disburse all or part of the
remaining Escrow Funds (the amount remaining at the time of the Completion Deadline
less amounts for the cost of work completed, but not yet paid, which is not subject to a
Notice of Noncompliance). Such funds shall be disbursed to the City after ten (10)
business days from the date of such notice to Escrow Agent and AIL;
(b) at its election, construct the remaining Utility Relocation that AIL has failed to
timely construct;
(c) in connection with the City's construction of the Utility Relocation (if so elected)
that AIL has failed to timely cause to be constructed, AIL shall, within three (3) business days
following the City's written request therefor, assign to the City any construction contract that has
previously been entered into by AIL for the construction of the Utility Relocation; and
(d) if the reasonable cost to the City of constructing the Utility Relocation that AIL
has failed to timely construct exceeds the Escrow Funds, AIL shall pay the amount of such
commercially reasonable additional costs to the City within ten (10) days after its receipt from
the City of written evidence reasonably evidencing such additional costs.
13. Escrow Agent hereby,by its execution of this Agreement, acknowledges receipt of the
Escrow Deposit.
14. Escrow Agent, by its execution of this Agreement, covenants and agrees to faithfully
perform and fulfill the terms of the escrow created hereby, pursuant to the terms, provisions and
conditions hereof. The obligations of Escrow Agent hereunder are performable at the offices of
Escrow Agent specified below.
15. Escrow Agent shall earn a fee of$800.00. The fee charged by Escrow Agent shall be
shared equally by AIL and the City.
16. Escrow Agent shall provide to AIL and the City monthly accounting of the Escrow
Funds, and upon request of the City, shall provide detailed reports with information required by
City.
17. It is specifically understood and agreed by AIL and the City that Escrow Agent has no
interest in and is not a party to any agreement under which the escrow created hereby may arise,
other than Escrow Agent's strict obligation to fully perform its duties as set forth herein. Escrow
Agent is not responsible or liable in any manner whatsoever for the sufficiency of the Escrow
Deposit.
18. AIL and Escrow Agent agree that the City and/or its assigns, including external auditors,
shall, until the expiration of three (3) years after final payment under this Agreement, have
access to and the right to examine at reasonable times any directly pertinent books, documents,
papers and records of AIL and Escrow Agent involving transactions relating to this Agreement at
no additional cost to the City. AIL and Escrow Agent agree that the City shall have access
during normal working hours to all AIL and Escrow Agent facilities and shall be provided
adequate and appropriate work space in order to conduct audits. The City shall give AIL and
Escrow Agent no less than ten (10) days written notice of any intended audit.
19. In the event that Escrow Agent becomes involved in litigation in connection with the
escrow created hereby, AIL and the City, to the extent allowed by law, shall be jointly
responsible to indemnify and hold the Escrow Agent harmless from any and all liabilities,
losses, costs, damages and expenses, including,without limitation, attorneys' fees and costs
of investigation, suffered and/or incurred by Escrow Agent as a result thereof; unless such
litigation is between AIL and the City, in which event the losing party shall be required to
reimburse Escrow Agent for all of the aforementioned losses, costs, damages and expenses.
Notwithstanding the foregoing, in the event that Escrow Agent shall fail to fully perform its
obligations under this Agreement as a result of an occurrence described in Section 21, neither
AIL nor the City shall have any obligations to indemnify Escrow Agent under this Section 19.
20. Escrow Agent shall be protected and shall have the right to act upon any written notice,
request, waiver, consent, certificate, receipt, authorization, power of attorney or other paper or
document which Escrow Agent, in good faith believes to be genuine. Escrow Agent shall be
entitled to rely and act solely upon, any written notice for which provision is made herein; and in
the event Escrow Agent receives conflicting or contravening instructions from the parties hereto
with respect to the subject matter hereof, Escrow Agent shall not disburse Escrow Funds until
Escrow Agent receives joint written instructions from the parties.
21. Escrow Agent shall not be liable for any act which Escrow Agent may do or refrain from
doing in connection with the conduct and consummation of the escrow created hereby, except for
Escrow Agent's gross negligence, willful misconduct, violation of the terms and provisions
hereof, or violation of law.
22. AIL and the City,jointly, may remove Escrow Agent, with or without cause and appoint
a substitute Escrow Agent in which event Escrow Agent shall deliver the Escrow Funds as
directed in writing by AIL and the City.
23. The bankruptcy, insolvency or other legal disability of any of the parties hereto shall not
affect the terms of the escrow created hereby or prevent the performance by Escrow Agent of the
duties of Escrow Agent hereunder.
24. If any provision of this Agreement is held to be illegal, invalid or unenforceable, the
legality, validity and enforceability of the remaining provisions of this Agreement shall not be
affected thereby.
25. Any notice, demand or communication required, permitted, or desired to be given
hereunder shall be in writing and shall be deemed effectively given when received or refused if
delivered by personal delivery, overnight messenger, or mailed by prepaid certified mail, return
receipt requested, as follows:
AIL: AIL Investment, L.P.
c/o Hillwood Development Company, LLC
9800 Hillwood Parkway, Suite 300
Fort Worth, Texas 76177
Attn: Russell Laughlin
with copy to: Hillwood Development Company, LLC
9800 Hillwood Parkway, Suite 300
Fort Worth, Texas 76177
Attn: Don Reid
City: City of Fort Worth
Transportation/Public Works Department
200 Texas Street
Fort Worth,Texas 76102
Attn: Doug Wiersig, Director
E-mail: Douglas.Wiersig@fortworthtexas.gov
with copy to: City of Fort Worth
City Attorney's Office
200 Texas Street
Fort Worth, Texas 76102
Attn: Leann Guzman
Senior Assistant City Attorney
E-mail: Leann.Guzman@fortworthtexas.gov
with copy to: City of Fort Worth
Department of Finance
200 Texas Street
Fort Worth, Texas 76102
Attn: Aaron Bovos, CFO
E-mail: Aaron.Bovos@fortworthtexas.gov
Escrow Agent: American Escrow Company
2727 Howell Street, l Oth Floor
Dallas, Texas 75204
Attn: Carla Janousek
26. This Agreement may not be amended except by the written agreement of all of the parties
hereto.
27. This Agreement has been executed in multiple counterparts, each of which shall be
deemed to be one and the same original.
28. This Agreement contains the entire agreement of the parties hereto with respect to the
subject matter hereof and shall not be varied, amended, or superseded except by the written
agreement among the parties hereto.
29. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto
and their respective successors and assigns.
30. Neither party shall have any liability to any other party to this Agreement for the
selection of a depository institution to hold the Escrow Funds or for any act or omission of such
depository institution or for any loss or impairment of the Escrow Funds or other funds that are
subject to this Agreement.
31. No failure on the part of any party at any time to require the performance by any other
party of any provision of this Agreement shall in any way affect such party's rights to require
such performance, nor shall any waiver by any party of any provision hereof be taken or held to
be a waiver of any other provision hereof.
32. If, pursuant to this Agreement, any date indicated herein falls on a
holiday or a Saturday or Sunday, the date so indicated shall mean the next
business day following such date. The term "holes"shall mean any day
on which state or national banks are not open for business in the State of
Texas. In calculating the number of days in a time period required under
this Agreement, the date on which the notice is received or rejected shall
not be counted, and the notice period shall run through 5:00 p.m., Fort
Worth, Texas time, on the last day of the applicable notice period.
33. In the event either parry files a lawsuit in connection with this Agreement or any
provisions contained herein, then the party that prevails in such action shall be entitled to recover
from the non-prevailing party, in addition to all other remedies or damages as limited herein,
reasonable attorneys' fees and costs of court incurred in such lawsuit.
Executed this. �� day of 2017
AIL INVESTMENT, L.P.,
a Texas limited partnership
By: AIL GP, LLC,
a Texas limited liability company,
�L S its gene al partner
Name:
Title- ffla
'�-
CITY OF TH
YJesus J. Chapa, Assistant City Manager
Approved as to Form and Legality
nn Guzman, S . Assistant City Attorney
City of Fort Worth 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.
17 z 4- 4
v
Mitch Aiton, P.E.
Project Manager/TPW
E-mail: Mitch.Aiton@fortworthtexas.gov
Attest: �pF FSR..
ParA Kayser, City Secretar �*
� S
Escrow Agent:
AMERI AN ESCROW COMP ,
a Te s corporation
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Name: �-_;t,. ., C ,k
Title: ..... ,.,E it
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
EXHIBIT 1
(See Attached Parcels 8, 13, 14 and 14A)
N.RIVERSIDE DRIVE N.RIVERSIDE DRIVE
DOE# 7236;Parcel#P 8 RIGHT-OF-WAY ACQUISITION i I
8200 OLD DENTON P.D. P-8
FORT WORTH,TEXAS.
C.C.WHYTE SURVEY,A-1611 i
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EXHIBIT "A"
REAL PROPERTY DESCRIPTION
BEING A PARCEL OF LAND SITUATED IN C. C. WHYTE SURVEY, ABSTRACT NUMBER 1611,
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF
THAT CERTAIN TRACT OF LAND DESCRIBED AS TRACT 10, AS CONVEYED TO AIL INVESTMENT
L.P., A TEXAS LIMITED PARTNERSHIP, BY DEED RECORDED IN VOLUME 14315, PAGE 56,
DEED RECORDS, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 5/8 INCH IRON FOUND FOR THE SOUTHWEST CORNER OF TRACT OF LAND AS {
CONVEYED TO RICARDO A. IBANEZ, BY DEED RECORDED IN INSTRUMENT NUMBER
D209162181, DEED RECORDS, TARRANT COUNTY, TEXAS, AND THE NORTHWEST CORNER OF
THE SAID AIL INVESTMENT L.P., TRACT, AND BEING IN THE EAST RIGHT-OF-WAY LINE OF
OLD DENTON ROAD (VARIABLE WIDTH RIGHT-OF-WAX);
THENCE NORTH 89 DEGREES 53 MINUTES 27 SECONDS EAST, 30.27 FEET WITH THE COMMON
LINE OF SAID AIL INVESTMENT L.P., TRACT, AND SAID RICARDO A. IBANEZ TRACT TO A
5/8 INCH IRON WITH CAP STAMPED "ANA" SET FOR THE PROPOSED EAST RIGHT-OF-WAY
LINE OF SAID OLD DENTON ROAD;
THENCE SOUTH 00 DEGREES 26 MINUTES 24 SECONDS EAST, 193.11 FEET TO A 5/8 INCH
IRON WITH CAP STAMPED "ANA" SET FOR THE PROPOSED EAST RIGHT-OF-WAX LINE OF SAID
OLD DENTON ROAD;
THENCE SOUTH 32 DEGREES 04 MINUTES 19 SECONDS EAST, 9.93 FEET TO A 5/8 INCH j
IRON WITH CAP STAMPED "ANA" SET FOR THE PROPOSED EAST RIGHT-OF-WAY LINE OF SAID 1
OLD DENTON ROAD;
THENCE SOUTH 02 DEGREES 04 MINUTES 19 SECONDS EAST, 44.38 FEET TO A 5/8 INCH
IRON WITH CAP STAMPED "ANA" SET FOR THE PROPOSED EAST RIGHT-OF-WAY LINE OF SAID
OLD DENTON ROAD;
THENCE SOUTH 06 DEGREES 38 MINUTES 06 SECONDS EAST, 36.35 FEET TO A 5/8 INCH-
IRON WITH CAP STAMPED "ANA" SET FOR THE PROPOSED EAST RIGHT-OF-WAY LINE OF SAID
OLD DENTON ROAD AND THE BEGINNING OF A CURVE TO THE LEFT,
THENCE 84.99 FEET WITH THE ARC OF SAID CURVE TO THE LEFT THROUGH A CENTRAL
ANGLt OF 65 DEGREES 21 MINUTES 38 SECONDS WITH A RADIUS OF 74.50 FEET, A
TANGENT LENGTH OF 47.79 FEET AND A CHORD WHICH BEARS SOUTH 39 DEGREES 18
MINUTES 55 SLCONDS EAST, 80.45 FEET TO A 5/8 INCH IRON WITH CAP STAMPED "ANA"
SET FOR THE NORTH RIGHT-OF-WAY LINE OF THOMPSON ROAD (VARIABLE WIDTH RIGHT-OF-
WAY)AS RECORDED IN INSTRUMENT NUMBER D211223965, OF SAID DEED RECORDS;
THENCE SOUTH 89 DEGREES 26 MINUTES 49 SECONDS WEST, 90.91 FEET WITH THE
EXISTING NORTH RIGHT-OF-WAY LINE OF SAID THOMPSON ROAD TO THE EAST RIGHT-OF-WAX
LINE OF SAID OLD DENTON ROAD;
A.N.A.Consultants,L.L.C. Page I of 2
5000 Thompson Terrace REVISION: 10-27-14
Colleyville,TX 76034 REVISION:05-06.15
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N.RIVERSIDE DRIVE N.RIVERSIDE DRIVE
DOE#_7236;Parcel#P 8 RIGHT-OF-WAY ACQUISITION
8200 OLD DENTON RD, P-8
FORT WORTH,TEXAS.
C.C.WHYTE SURVEY,A-1611
THENCE NORTH 00 DEGREES 28 MINUTES 51 SECONDS WEST, 345.06 FEET TO THE POINT OF
BEGINNING AND CONTAINING 12,576 SQUARE FEET OR 0.289 ACRES OF LAND MORE OR
LESS.
Note: Surveyed on the ground September 2014.
Note: Bearings are relative to True North obtained from Global Positioning
Satellite System (GPS) Observations, North American Datum 1983 (NAD 183), Texas
State Plane Coordinate System, North Central Zone.
Note: In accordance with the Texas Board of Professional Land Surveying General
Rules of Procedures and Practices, 663.19(9), this "Report" consists of the
Real Property Description included herein and the Map of Survey attached
herewith. OF
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EDWARD K.KHALIL
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A.N.A.Consultants,L.L.C. Page 2 of 2
5000 Thompson Terrace REVISION: 10.27-14
Colleyville,TX 76034 REVISION:05-06-15
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NO.I ARC LEMTH I DELTA ANGLE I RAD 1lis I TANGENT I CHORD DIRECTION I CH.L.
N ICI 84.99' 165-21'38' 74.50' 47.79' IS 39-18'55' E 180,45
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INET. .V9162181
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Scale 1"=100'
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VARIABLE WIDTHAIL , I �;:Y:k RIGHT OF-WAY pperCT 2 ACgUiSITION AINVESTME a'LP.
''' 12 678 SQ.FT.+/- AIL
INSI.:D211298926 I a. - REMAINDER TRACT 10
D.R.T.C.T. Ii i�' VOL.14316 PG 66
r.1:71i�?
D.R.T.&T,
I ya 832.04'19"E
Mill.
WN mccowaus SURVEY
a:it+�:c
802'04-19"E
�e 44.38'
BLUE MAPLE f3ROliP.LLC
TRACT 2 I s:�s°rl;; S06'38'0WE
INSL•D213412616 3%a<7%r•' 38.35' 10tl►OUVTE SURVEYD.R.T.C.T. C. C.I '' �'
z,ySv;:,t; w A-Um99
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(VI ATT Ci;WTbTH RIGHT-OF-WAY) TN81�NO D f2
1 Ea INST.#D211210876&D211153454 D.R.T.C.T.
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Agerent Owner We We To �PSON SURVEY
9 BASEM AND RIAD NIMRI
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w�NN T a D.R.T.C.T. RESIDENCES AT OLD
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CAB,A,SLIDE 12696
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EDWARD K. KHALI EXHIBIT B
SHOWING
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A PARCEL OF LAND
s'U z SITUATED IN C. C. WHYTE SURVEY
z ABSTRACT NO. 1611
s i ffm CITY OF FORT WORTH,
Dater TARRANT COUNTY, TEXAS a IRS %IRON NTH CAP STAMPED
. / � AMA'SET
DRAM BYI A& A.N.A.CONSULTANTS,L.L.G.
DATE. 10-27-14 A%k
DGN. NO.9 040180-P7 5000 Thompson Tertace
ao►uul r�wr�,L�o. Colleyvil,, Texu 76034
APPROVED BYI EK Office: ((819))333-9900
fiEV I SEW 05-05-15 F F.R.N 8I 1 39080955 SHT.N0.I 1 OF 1
4AIA l Rn"A ril A-40MI411+16l9Au
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N.RIVERSIDE DRIVE N.RIVERSIDE DRIVE i
DOE#_7236;Parcel#P 13 RIGHT-OF-WAY ACQUISITION
8497 OLD DENTON RD. P-13
FORT WORTH,TEXAS.
W.McCOWEN SURVEY,A-999
EXHIBIT "A" 1
REAL PROPERTY DESCRIPTION
BEING A PARCEL OF LAND SITUATED IN W. McCOWENS SURVEY, ABSTRACT NUMBER 999, CITY OF FORT
WORTH, TARRANT COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED AS
TRACT 2, AS CONVEYED TO AIL INVESTMENT L.P., A TEXAS LIMITED PARTNERSHIP, BY DEED
RECORDED IN INSTRUMENT NUMBER D211298925, DEED RECORDS, TARRANT COUNTY, TEXAS, AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID AIL INVESTMENT L.P. TRACT, IN THE CENTERLINE OF
OLD DENTON ROAD (VARIABLE WIDTH RIGHT-OF-WAY) IN THE NORTH LINE OF A TRACT OF LAND
DESCRIBED AS TRACT 2, IN DEED TO BLUE MAPLE GROUP, LLC, AS RECORDED IN INSTRUMENT NUMBER
D213012615, OF SAID DEED RECORDS;
THENCE SOUTH 89 DEGREES 06 MINUTES 40 SECONDS WEST, WITH THE COMMON LINE OF SAID BLUE
MAPLE GROUP TRACT AND SAID AIL INVESTMENT L.P. TRACT, AT 20.15 FEET PASSING A ONE INCH
IRON FOUND, IN ALL 61.03 FEET TO A 5/8 INCH IRON WITH CAP STAMPED "ANA" SET FOR THE
PROPOSED WEST RIGHT-OF-WAY LINE OF SAID OLD DENTON ROAD;
THENCE NORTH 00 DEGREES 26 MINUTES 24 SECONDS WEST, 494.72 FEET TO A 5/8 INCH IRON WITH
CAP STAMPED "ANA" SET FOR THE PROPOSED WEST RIGHT-OF-WAY LINE OF SAID OLD DENTON ROAD IN
THE NORTH LINE OF SAID AIL INVESTMENT L.P. TRACT AND THE SOUTH LINE OF MONTERRA BLVD.
(VARIABLE WIDTH RIGHT-OF-WAY)AS RECORDED IN INSTRUMENT NUMBER D207079304 OF SAID DEED
RECORDS; i
' I
THENCE SOUTH 45 DEGREES 22 MINUTES 42 SECONDS EAST, 8.59 FEET WITH THE COMMON LINE OF {
SAID AIL INVESTMENT L.P. TRACT AND SAID MONTERRA BLVD;
THENCE NORTH 89 DEGREES 37 MINUTES 18 SECONDS EAST, 55.49 FEET TO THE NORTHEAST CORNER OF i
SAID AIL INVESTMENT L.P. TRACT IN THE CENTERLINE OF SAID OLD DENTON ROAD; I
THENCE SOUTH 00 DEGREES 22 MINUTES 42 SECONDS EAST, 488.10 FEET TO THE POINT OF BEGINNING ;III
AND CONTAINING 29,953 SQUARE FEET OR 0.688 ACRES OF LAND MORE OR LESS.
Note: Surveyed on the ground September 2014.
Note: Bearings are relative to True North obtained from Global Positioning Satellite
System (GPS) Observations, North American Datum 1983 (NAD 183), Texas State Plane {
Coordinate System, North Central Zone.
Note: In accordance with the Texas Board of Professional Land Surveying General Rules of i
Procedures and Practices, 663.19(9), this "Report" consists of the Real Property i
Description included herein and the Map of Survey attached herewith. j
OFST
i
SOWARe K.11.KH�AALIL
SURA
A.N.A.Consultants,L.L.C. Page I of 1
5000 Thompson Terrace
Colleyville,TX 76034 REVISION: 10.27-14
PROPOSED ROW O'DONNELL ADDITION
N CAB.o,,S,L,IDE 12710
AIL 1=888 CME�NT LP, "'" 9
INSt.:0211298928
D.R:T.C.T. pp�n
SDA PRO ERTalE8 LTD.
MONTERRA BLVD p
VARIABLE WIDTH RIGHT-OF
-WAY) j Q INET.A�207013397
INSTRUMENTX10.0207079304 D.R.T.C.T. i
D.Rq•C'T• S46.22142`E I
8.69'
N89137'1&'E
/ ata 66.49' ' I
Scale 1'=100' Appenmt Owner
BILL MARKHAM
:.8<ieB,YaAS;a
INST.#208386147
D.R.T.C.T.
W 0�1�/� �y/ y Icy e� :t!8'•iR%d!'��'�'•i. W
W. 9A1sIC®W sms oun O a tl
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A-Bff ;7;r;�;:a�:a;:al•: O ,
r y y4 i 0.
r�x'r: i
.4.7 c I
111800`
VARIABLE WIDTH
aJ RIGHT-OF-WAY R *roO
ne8
Z
ACQUISITION 8 209811
Q 20,953 8Q.FT.+/- D.R.T.C.T.
�y...1(S d• a;a>�;:����':
AD�arontOwner
AIL MVEBTMENT LP.
f'Y,r! I R�p�pINDERTRACT IO
z Vit? i t�' VOL.14318 PO.88
r I D.R.T.G�.T.
AILMOWner
ENT,LP. iasal:a'sa%'aJa�
TRACT 2
INS .D211298926 Y; C. C. WHYTE s�1101Vo7
.R.T.C.T. ' '•�' '' �!'"'= A-1A99
!i!!iR':9':'?•:ate
Ina t: !:
qpp r1
OF
BLUE MATLDE G OUeP,LLC, 18 81.03 11 „
o;s t„�� INSD.RT.3C01�15 EXHIBIT "B
. SHOWING
... ......... .. A PARCEL OF LAND
EDWARD...K.a.KHAL; S I TUATED I N W. MCCOWENS SURVEY
• 5951 .. ABSTRACT NO. 999
su
A�`''€'9•�"" CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS IRS :�'waxTM CAP srAuo
a-_ t M+A's[r
DRAWN BY. Akk. A.N.A. CONSULTANTS,L,L,C.
OATS�-10-27-14 //�
DOM ND.i 040190.P13 5000 T Ifto plan t o 6034
oor o. Collayvlltq,Tars 7b034
APPROVED BYs EK Oma 1((817 335-9900
REV I SEDC Fa (F.R.NO.tOO9090033 •N0. 1 OF 1
�40110 Anwv>IAM+a OMIA+9•.l.0 PM
K RIVERSIDE blk.IV)B N.RIVERSIDE DRIVE
MJ3 ff 7236:PAM41#P 14 RIGHT-OF-WAY ACQUISITION
8601 (ZI)DENTON RD. P-14
FORT WORTH,TEXAS,
W.MdCO*W SMWY,A-999
ZXH%BI!' -'AA ff
REAL PROVIRROY DESCRIPTION
PART I-.
99ING A PAKC94 OF LAND STT'0ATVQ IN W. McC6WERS 90MY, ABSTRACT NUMBER 99-9#
CITY OF FORT ftATH, tA11RANT QQrJNTYf TZXASj BEING A P6kteI1pN OF THAT PERTAXX
TRACT OF LAND D9SCAt131kb NO- TRACT 1( AS, CONME0 TO AIL INVE§Ti4m )k
TEXAS LIMITED PARtNWHIP, PY PPED RECORDED IN INSTRUMENT NORM. D211196925,
DEED RECORDS, TARRKN'ff COUKT'k., 'TEXAS, AND BEING MORE: PARTICULARLY DESCA169D BY
METRS .ANP SOUNDS AS FOLLOW:
83*INNO THE NEW PROPOSED.0 AT .4 5/0 INCH IRON WITH CAP STAMPED ')ANA" .64T FOR D
WEST' AIGHT-OF-WAY LINE OF OLD DENTON ROAD (VARUB
.L9 WIDTH RIGHT'-Qr-WAX) 114
THE SOUTH M68 N RTHXnY LINE. Or SAID TRACT 1, 010.1.4 Willm A 5/8 INCH IRON
FOUNO t0lt At4 INTERTOR. CORNER OF SAID TRACT. 1, 69ARS SOUTH 00 r)EGRE.Es oo
MINUTES 03 SECONDS WAST, 32.06 FEET)
THENCE NORTH 89 DEGREES 00 MINUTES 03 SECONDS MST, 27.70 FEET TO THE
NORTAZAST MOST EASTERLY C6ffi49R 01r .9AIQ TRACT 1, IN THE CENTERLINE 69 EXI'ST'ING
OLD DENTON ROAD (VARIABLE WtVill 97QHT-OF-WAY)i
WHENCE SOUTH OQ DXGREES 22 MINUTES 44 SECONDS EAST, 845.85 FEET TO THE
.460THIRAPT qQRNER Or SAID TRACT 4 IN THE .Abjktff "NE OF MONTERM BLVD,
(VARIABLE WIDTH RIGJIT-OF=18AY).AS RECORDED IN INStAOMENT IqUIM15ER D207079304 OF
SAID DIED RgCORDS!
TRENC1 SOUTH 89 DEGREES 37 btlNUTES X6 SECONDS, WEST, 55.49 FEET WITH THE
COMMON LINE OF SAID TRACT 1, AND 4AID MQNTERPLA BLVDI
THENCE SOUTH 4.4 DEGREES 37 MINUTES 16 9-EgONDS WEST, 8,76 FEET WITH THE. COMMON
LINN OF PAID TRACT 1, AND SAID MONTERAA 9LVD TO A 510 INCH IRON WITH CAP
8RAMPZP "ANA- SET FOR THE PROPOSED W98T R1041-OF-M.Y. LINE OF SAID OLD DENTON
ROAD: 114 THE" SOUTH LINE OF SAID TRACT 1;
THZ14C9 NORTH 00 6991k9tP .26 MINUTES. 24 SECONDS WEST, 519.29 FLET TQ 4 0/8 INQR
IRON WIT(i CAP STAW&D ?`ANA" -5ET IN THE PROPOSED WEST LINE OF
SAID OLD DENTON ROAD AND THE Bmrwim OF A CURVE 70 AXOATI
THENC All) CURVE THROUGH A CENTRAL
.Z. 132t3l FEET WITH, THE AM OF 8''" TO THS RIGHT
ANGLE OF 09 DEGREES 36- MIMTJVV8 51 SECONDS WITH A RADIUS OF 788.50 FEET, A
TANGENT LENGTH. OF 96.31 FEET AND A dROIRD I(AI.CH BEARS. NORTH 04 DEGREES. 22
"ItJUTZO 01 SECONDS EAST, 132.15 VEM tO A, 0/8 INCH. IRON WITH CAP STAMPED
%'ANA- PET IN THE NEW PROPOSED WE-9T RIOAT-06'-*At LINE OF $AID OLD DENTON ROAD;
THENCE NORTH 09 DEGREES 10 MINUTES 27 SECONDS EAST, 88.42 FEET TO A 518 INCH
IRON WITH CAP $f)kPSD %ANA- SET IN THE PROPOSED WEST RZGHT-OF-WAY LINE OF
SAID OLD DENTON AbAb AND THE OgGINNING OF A CORVE TO THt t9ftj
THJWQX 67.30 FEET WITH TAR' ARC Or OAXP CURVE TO THE LEFT THROUGH A CENTRAL
ANGLE OF 05 DECREES 15. MINUTES $ECQNDS WITH A RADXVS OF 734.50 FEET, A
AX.A.CobbVltdifitio L.L.C. Page I of 3
50QO Malmo Tfwacc
CORWYAlk.TX 76034 REVISION:10-27-14
N.RIVERSIDE DRIV.9 N.RIVERSIDE DRIVE
DOE#.J236;.Parcel#P 1.4 I IONT-QF-WAY ACQUISITION
8601 OLD DENTON lam. P-14
FORT WORTH,'ITS:KA$.
W.McCOWEN SUAVliX,.An999
TAti'CENT L•E9C,TIi aF ..33.71 FEET AND A CHORD WHICH 13EARS NORTH 06 DEGREES 32
MINUTES 46 99COVDS EAST., 67:36 FEET TO A 5/8 INCH -IRON F]IT11 CAP STAMPED %%ANA"
SET IN THE NEW PA6POS9D WEST RI.GHT-OF-WAY LINE- OP SAID OLD .QENTON I(OAD;
'IHXNCX NORTH 23 DEGREES 07 14INOTES $8 SECONDS WEST; 10.17 FELT TO A 6/0 INCH
IRQN WITH CAP STAMPED "ANAL' SET ;�-N THE, PROPOSED WEST RIaH.1"-OF=WAX LINE OF
SATO OLD DENTON ROAD;
THENOR 8bft 44 DXQRE&S 62 MINUTES 02 •SECbND$ EAST, ,37.62 FEET TO. THE POINT `
OF BEGINNINC AND CONTAINING 46,922 SQUARE EF,gT QR 1.4077 ACRES OF LAND MORE OR
LESS.
i
i
1
PART ;2: j
BEING A !'ARCEL Or LANG SITUATED 1N W. 1401
tMNS SURVEY, ABSTRACT NUMBER 999,
C171 10# FQRT WORTH, TARRANT COUNTY, TLlCAB, .$SING A PORTION OF THAT CERTAIN
TRACT 6F LAVP DE$CRX)3EW AS TRACT It AS CbNVE](EP TO AIL INVESTMENT L.P., A
TEXAS LxMITEb PARTNER¢HIP, BY DEED RECORbRD .LN INSTRUMENT NUMBER D211298925,
DEED R1;COR0S, TARRANT 94UNTX, TEXAS? AND DEING MORE RARTICU..LART,Y DESCRIBED 13Y �
METES AND BOUNDS AS F°OLt.OWS:
bZQXt131NG AT A 5/8 INCH IR6N FOUND FQR THE NORTHEAST CORNER OF SAID T.PACT 1, 11�
IN THE SOUTH RIGHT-OF4WAY LINE OF' NORTH- TARRANT PARKWAY (VARIABLE WIDTH 1
RIGHT-OT-WAX) AS RECORDED IN VOLUME 15819, MAGE 247, OF SAID DEED RECORDS;
THENCE SOUTH 42 DF
PRFED 23 MINUTES 56 SECONDS EAST, 2 .60 FEET WITH THE
EASTERLY LfiNE OF $ADD TRACT 1 TO A 5/8 INCA 1ItON FQtIND/
THENCE SOUTH 09 DEGREES .94 (4I1PUTE0 58 SECONDS WEST, 2.26 FEET WITH THE
EASTERLY LINE OF SAIb TAAC7 I TO A 5/8 INCH IRON WITH. CAP STAMPED "ANA" SET
IN TOE NEW PROPOSED WEST AlORT-OF-Why LINE OF OLD 0E14TO14 ROAD (VARIABLE WIDTH
RIGMT-OF�-WAY) FOR THE BF.GX9&14G bF A COAVkt 10 TH1} LEFT;
T81tibtdt 21,33 FEET WITH THE ARC OF SAID CURVE, TO THE LEFT' THROUGH ,A CENTRAL
ANGLE OF 1'f DEGREES 29 MINUTES 35 SEC6Nh3 WITH -A RADIUS OF 09.50 FEET, A
TANGENT LENGTH OF 13.77 FEET AND A. CA610 011=13 'BEARS NORTH 49 DEGREES 12
MINUTES 00 $ECQNp$ WEST, 27.22 FEET TO A 5/9 YNC1L IRON WITH CAP. STAMPED "ANA"
SER' IN THE NEW PROPOSED WEST RIGXTOF-WAY LINE OF SAID OLD DENTON ROAD;
T.HSNCE. NORTH 57 DEGREES 59 MINtIT10 48 :SECONDS WEST, 3.35 FEET TQ ,A 5/8 IN911
IRON WITH CAP STAM09b MANAd SET IN TBN NEW PROPOSED WEST RICHT-OF-WAY LINE O!'
$AI.D OLD DENTON ROAD (VAATABLF, WIDTH RIGHT-OF-WAY)AND THE SOOTH I4INE3 OF SAID
NORTH TARRANT PARKWAY;
A.N.A.Consultarta,I*L.G, Page 2 of 3
5000 Thompson Tattpae
ColleyWIle,TX 70034 REVISION:10-27-14
N.RIVEPWIM bM13 N.RIVO$]DE V"
DOE# 70� 6;.P6zta1#,P.14 FIGHT-OFMAY AQQ1V1$1U0)4
8601 Q_7,036
D ptt4TON RV. P44
FORT WQXTH TIMAS-
W.N40 BY,
,W�Wsuxv * A-999
`THENCE NORTH 09 QXGR8M`9 20 WOUTES 28 SECONDS EAST, 7-0 FEET TO THE POINT OF
gEOINNZNQ ;AND CONTAINING 73 OQUARE FEET OR 0.002 Or AN ACRE OF LAND NONE 09
LESS.
Note: Survaydd On the ground. SePterboat 2014.
N.nter Bearings aro relative to True North Obtained from. 610bA.1 Positioning
Oatellite System (M) 0bqarvAtiQn9, North AmerIcan Datum 1003 (N" 183)f
Tokaa State Plan* 000v iftte 6 stem# North 900tral Zone.
I
lRoto; in accordance wit.b. th6 Texas Board of ProfAsajonal Land gurvoyiOj
oon.okal Roles of Procedqeos 4nd Practices, 66$,19(9), thin "Aopart4 04liaidta
of thO RoAl Property Oasoript.ioa included herein and the Map of Survey
attaohod KiiArswitb.
Note: In 490ordance with the TqXad Board of Pxdfts8i0v%41 Land Surveying
General AU4 %-Tho cited instruments Ois df Procedures and P�tpi;tiqvo, 663�19(7ip
are not n6oasso-tkily the current ov.nqrb of the subject prdID6,tty, but are the
documents ContalhiAg the descriptioAs 61 the boundariam! at Opi-Veyed.
11 4bi
90 D K.KHALIL
-Wd
SU
A.N.A.Cqhtu1tqiv4,L.L.C. page 3.of 3
5000 TJhqolpspn Terrace
REVISION?10-27-14
N�`ye ,Wrf 1011�.yy �y" NW1 _...__. � .
1'� 1Qr l�y7ry,• li Ito,
_ 1N,
1'� .... ..., �� G
DR7'TW RA"'IT�'ARI<WAY NORTH TARRANT PARKWAY
ARI Q 1NIOTH R1OHT ORWAY) ` 210!WIDE RIO T'' P=W
CITY OF FORT WORTH VqRUP4B R WIS�H 1 ` rr17Y r�F F1 WORTH
V%.161119,PO,247 RIGHT-OF-WAY D206 1$88
D.R.T,Q,T. AGQ"SITION I D.R.Lhfi.
M(0
----
32,09' X188 y'o$
1 7 I
LO
Scale 1"_200' Li 60'23188."E
ti0$'36'61' N2;OO jB'W. L 898.'24'S8"W
�-132`360 0� L9 N67I '49"W
Ta89. 1' N00"W27"IS IA.146912028"E, 7:9p' I
L,C,=N04^22'01"E 88.42' tv,
132:16' r6lftr
R m 001 e0ll'PRISM LP,
VRIOEW10 f INSEp;•IR A,'816'9
AC¢�1.31TION R T T
Rm77334.60' G1 f Oyy
T033,71'
C=N0�^32'48'E RAGKY• int QOI:LINS �
I /8rent�
'or
VOL.11 7i P0.182�
97,38 AIL TRAOT 1 T,LP, V �, •,
D, 'T.R:T.
100 INSU D.R.T. 7 021 29 825 ,Men �
;
AIt-17"2Q'36'' LO
L=13777'' aTeM OvAner
T=13:77'
L.4`=N49.12'p0"W ' PR NTS D6C AP &
27:22' N q
13T'D.D2103 0670
Q'DppNNELV8 ADDITION
6A8.A,.SI�PE 12710
as P.R.TT.E T.
W. 14000 A�O® $Holl ey pyre wn r
4l 9DA I 'R RE TIR LTD.
INST.,}#�2�070i13'.397
9oNrclwAa�'A. 65.49" C. er. T W [8 oust Ilr19
w"naawen St)9'37'18' A.-4x94
F A Paren OwWner
.4•...",�tF_ BPLL MARKHA
A�hie INS ,#206366,17
EXHIBIT '"B INS'[,
ED AF D Kr KW 1 I 1
.. .:Y:....,V........�.� .: $HOW 1 Na
A 5951��� TWO PARCELS OF LAND
s1iR� SITUATED I.N W" MCOOWN SURVEY
ANSTRACT NO. 999
S1 griedr �+- CITY OF FORT "TH,
[ ate TARRAW TY. TEXAS ' !'Xo +"TM CM SIMM
sLr
oRAyN aY1 ARA.. CONSULTANTS,L,L;C.
DAT5 19- -14
Dc;N, Na. b4bteo.Paa 5000 Thompson Terrace
oenutl�TMar".�,i a. ColigVillo Tues 76034
APPOMa Ve E Fox,. : (�1 33Sr9900
R�[i5E01 FNk: ($] 335-JJ54 Shff,ND,, 1 9F 1
p0908
t101�0.jId1NP11,dpt11aH1�1{Q114�O�:Qb '.
i
i
�I
4
N.RIVERSIDE DRIVE N.RIVERSIDE DRIVE
DOE#?236;Parcel#P 14-A RIGHT-OF-WAY ACQUISITION
8601 OLD DENTON RD. P-14-A
FORT WORTH,TEXAS.
W.McCOWEN SURVEY,A-999
I
EXHIBIT "A"
REAL PROPERTY DESCRIPTION
BEING A PARCEL OF LAND SITUATED IN W. McCOWENS SURVEY, ABSTRACT NUMBER 999, I
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN
TRACT OF LAND DESCRIBED AS TRACT 1, AS CONVEYED TO AIL INVESTMENT L.P., A
TEXAS LIMITED PARTNERSHIP, BY DEED RECORDED IN INSTRUMENT NUMBER D211298925,
DEED RECORDS, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY j
METES AND BOUNDS AS FOLLOWS: I
BXGINNING AT A 5/8 INCH IRON WITH CAP STAMPED "JACOBS" FOR AN INTERIOR CORNER
OF SAID TRACT 1, IN THE WEST RIGHT-OF-WAY LINE OF OLD DENTON ROAD (VARIABLE
WIDTH RIGHT-OF-WAY))
THENCE NORTH 89 DEGREES 00 MINUTES 03 SECONDS EAST, 32.06 FEET WITH THE
COMMON LINE OF SAID TRACT 1, AND OLD DENTON ROAD TO THE NEW PROPOSED PART 1,
OF WEST RIGHT-OF-WAY LINE OF SAID OLD DENTON ROAD;
I
THENCE SOUTH 06 DEGREES 52 MINUTES 02- SECONDS WEST, 37.62 FEET WITH THE NEW
PROPOSED PART 1, OF WEST RIGHT-OF-WAY LINE OF SAID OLD DENTON ROAD;
THENCE SOUTH 23 DEGREES 07 MINUTES 58 SECONDS WEST, 10.17 FEET OITH THE
PROPOSED PART 1, OF WEST RIGHT-OF-WAX LINE OF SAID OLD DENTON ROAD FOR THE
BEGINNING OFA CURVE TO THE RIGHT1 !
THENCE 67.38 FEET WITH THE ARC OF SAID CURVE TO THE RIGHT THROUGH -A CENTRAL 4
ANGLE OF 05 DEGREES 15 MINUTES 21 SECONDS WITH A RADIUS OF 734.50 FEET, A j
TANGENT LENGTH OF 33.71 FEET AND A CHORD WHICH BEARS SOUTH 06 DEGREES 32 i
MINUTES 46 SECONDS WEST, 67.36 FEET;
-THENCE SOUTH 09 DEGREES 10 MINUTES 27 SECONDS WEST, 88.42 FEET WITH TH-E
PROPOSED PART 1, OF WEST RIGHT-OF-PLAY LINE OF SAID OLD DENTON ROAD AND THE
BEGINNING OF A CURVE TO THE LEFT;
THENCE 132.31 FEET WITH THE ARC OF SAID CURVS'TO THE LEFT THROUGH A CENTRAL
ANGLE OF 09 DEGMES 36 MINUTES 51 SECONDS WITH A RADIUS OF 788.50 FEET, A
TANGENT LENGTH OF 66.31 FEET AND A CHORD WHICH BEARS SOUTH 04 DEGREES 22
MINUTES 01 SECONDS WEST, 132.15 FEET;
THENCE SOUTH 00 DEGREES 26 MINUTES 24 SECONDS EAST, 3.62 FEET TO A 5/8 INCH
I
IRON ROD WITH CAP STAMPED '"ANA" SET IN THE PROPOSED WEST RIGHT-OF-•WAX LINE OF �
SAID OLD DENTON ROAD;
i
THENCE SOUTH 89 DEGREES 33 MINUTES 36 SECONDS WEST, 1.52 FEET WITH THE
PROPOSED WEST RIGHT-OF-WAY LINE OF SAID OLD DENTON ROAD TO A 5/8 INCH IRON
ROD WITH CAP STAMPED "ANA" SET;
THENCE NORTH 00 DEGREES 26 MINUTES 24 SECONDS WEST, 104.06 FEET WITH THE
PROPOSED WEST RIGHT-OF-WAY LINE OF SAID OLD DENTON ROAD TO A 5/8 INCH IRON
ROD WITH CAP STAMPED "ANA" SET FOR FOR THE BEGINNING OF A CURVE TO THE RIGHT;
A.N.A.Consultants,L.L.C. Page I of
5000 Thompson•Terrace
Colleyville,TX 76034 REVISION:03-08-16
i
N.RIVERSIDE DRIVE N.RIVERSIDE DRIVE
DOE* 7236;Parcel#P 14-A RIGHT-OF-WAY ACQUISITION
8601 OLD DMMN RD. P-14-A
PORT WORTH,TEXAS.
W.McCOWEN SURVEY,A-999
THENCE 103.96 FEET WITH THE ARC OF SAID QURVE TO THE•RIGHT THROUGH A CENTRAL
ANGLE OF 07 DEGREES 31 MINUTES 49 SECONDS WITH A RADIUS OF 791.01 FEET, A
TANGENT LENGTH OF 52.05 FEET AND A CHORD WHICH BEARS NORTH 03 DEGREES 19
MINUTES 30 SECONDS EAST, 103.88 FEET TO A 5/8 INCH IRON WITH CAP STAMPED
"AW SET IN THE NEW PROPOSED WEST RIGHT—OF—WAY LINE OF SAID OLD DENTON ROAD
FOR THE BEGINNING OF A CURVE TO THE LEFT;
THENCE 44.69 FEET WITH THE ARC OF SAID CURVE TO THE LEFT THROUGH A CENTRAL `
ANGLE OF 30 DEGREES 51 MINUTES 04 SECONDS WITH A RADIUS OF 82.99 FEET, A
TANGENT LENGTH OF 22.90 FEET AND A CHORD WHICH BEARS NORTH 08 DEGREES 20
MINUTES 07 SECONDS WEST, 44.15 FEET TO A 5/8 INCH IRON.WITH CAP STAMPED "ANA"
SET IN THE NEW PROPOSED WEST RIGHT—OF—WAY LINE OF SAID OLD DENTON ROAD FOR
THE BEGINNING OF A CURVE TO THE RIGHT;
THENCE 55.81 FEET WITH THE ARC OF SAID CURVE TO THE RIGHT THROUGH A CENTRAL
ANGLE OF 23 DEGREES 20 MINUTES 27 SECONDS WITH A RADIUS OF 137.01 FEET, A
TANGENT LENGTH OF 28.30 FEET AND A CHORD WHICH BEARS NORTH 12 DEGREES 05
MINUTES 26 SECONDS WEST, 55.43 FEET TO A 5/8 INCH IRON WITH CAP STAMPED "ANA"
SET IN THE NEW PROPOSED WEST RIGHT-OF-WAY LINE OF SAID OLD DENTON ROAD;
THENCE NORTH 00 DEGREES 25 MINUTES 12 SECONDS WEST, 11.82 FEET TO A 5/8 INCH
IRON WITH CAP STAMPED "ANA" SET IN THE NEW PROPOSED WEST RIGHT-OF-WAY LINE OF
SAID OLD DENTON ROAD/
THENCE NORTH 00 DEGREES 17 MINUTES 56 SECONDS WEST, 4.88 FEET TO A 5/6 INCH
IRON WITH CAP STAMPED "ANA" SET IN THE NEW PROPOSED WEST RIGHT-OF-WAY LINE OF
SAID OLD DENTON ROAD FOR THE BEGINNING OF A CURVE TO THE LEFT;
THENCE 63.25 FEET WITH THE ARC OF SAID CURVE TO THE LEFT THROUGH A CENTRAL
ANGLE OF 57 DEGREES 31 MINUTES 36 SECONDS WITH A RADIUS OF 63.00 FEET, A
TANGENT LENGTH OF 34.58 FEET AND A CHORD WHICH BEARS NORTH 29 DEGREES 11
MINUTES 00 SECONDS WEST, 60.63 FEET TO A 5/8 INCH IRON WITH CAP STAMPED "ANA"
SET IN THE NEW PROPOSED WEST RIGHT-OF-WAY LINE OF SAID OLD DENTON ROAD;
THENCE NORTH 57 DEGREES 56 MINUTES 48 SECONDS WEST, 64.87 FEET TO A 5/8 INCH
IRON WITH CAP STAMPED "ANA" SET IN THE NEW PROPOSED WEST RIGHT-OF-WAY LINE OF
SAID OLD DENTON ROAD;
THENCE NORTH 35 DEGREES 19 MINUTES 36 SECONDS WEST, 6.50 FEET TO A 5/8 INCH
IRON WITH CAP STAMPED "ANA" SET IN THE NEW PROPOSED WEST RIGHT-OF-WAY LINE OF
SAID OLD DENTON ROAD;
THENCE NORTH 57 DEGREES 56 MINUTES 48 SECONDS WEST, 19.52 FEET TO A 5/8' INCH j
IRON WITH CAP STAMPED "ANA" SET FOR THE NEW PROPOSED WEST RIGHT-OF-WAY LINE
OF SAID OLD DENTON ROAD IN THE SOUTH RIGHT-OF-WAY LINE OF NORTH TARRANT
PARKWAY (VARIABLE WIDTH RIGHT-OF-WAY) AS RECORDED IN VOLUME 15819, PAGE 247,
OF SAID DEED RECORDS;
A.N.A.ConsuUants,L.L.C. Page 2 of 3
5000 Thompson Terrace
Colleyville,TX 76034 REVISION:03-08-16
i
I
N.RIVERSIDE DRIVE N.RIVERSIDE DRIVE
DOE# 7236;Parcel#P 14 A RIGHT-OF-WAY ACQUISITION
8601 OLD DENTON RD. P-14-A
FORT WORTH,TEXAS.
W.McCOWEN SURVEY,A-999
THENCE NORTH 89 DEGREES 20 MINUTES 28 SECONDS EAST, 107.91 FEET WITH THE
SOUTH TIGHT-OF-WAY LINE OF SAID NORTH TARRANT PARKWAY TO A 5/8 INCH IRON WITH
CAP STAMPED -ANA- SET FROM WHICH A 5/8 INCH IRON ROD FOUND FOR THE NORTHEAST
CORNER OF SAID TRACT 1, BEARS NORTH 89 bEGREES 20 MINUTES 28 SECONDS EAST,
7.90 FEET;
1
THENCE SOUTH 57 DEGREES 56 MINUTES 48 SECONDS EAST, 3.35 FEET WITH THE NEW
EASTERLY LINE OF SAID TRACT 1, TO A 5/8 INCH IRON WITH CAP STAMPED "ANA" SET
IN THE NEW PROPOSED WEST RIGHT-OF-WAY LINE OF OLD DENTON ROAD (VARIABLE WIDTH
RIGHT-OF-WAY) FOR THE BEGINNING OF A CURVE. TO THE RIGHT;
THENCE 27.33 FEET WITH THE ARC OF SAID CURVE TO THE RIGHT THROUGH A CENTRAL
ANGLE OF 17 DEGREES 29 MINUTES 35 SECONDS WITH A RADIUS OF 89.50 FEET, A
TANGENT LENGTH OF 13.77 FEET AND A CHORD WHICH BEARS SOUTH 49 DEGREES 12 j
MINUTES 00 SECONDS EAST, 27.22 FEET TO A 5/8 INCH IRON WITH CAP STAMPED "ANA-
SET IN THE WEST RIGHT-OF-WAY LINE OF SAID OLD DENTON ROAD;
THENCE SOUTH 09 DEGREES 24 MINUTES 58 SECONDS WEST, 72.28 FEET WITH WEST
RIGHT-OF-WAY LINE OF SAID OLD DENTON ROAD TO THE POINT OF BEGINNING AND
CONTAINING 12,071. SQUARE FEET OR 0.277 OF AN ACRE OF LAND MORE OR LESS.
Note: Surveyed on the ground September 2014.
Note: Bearings are relative to True North obtained from Global Positioning
Satellite System (GPS) Observations, North American Datum 1983 (NAD 183),
Texas State Plane Coordinate System, North Central Zone.
Note: In accordance with the Texas Board of Professional Land Surveying
General Rules of Procedures and Practices, 663.19(9), this "Report- consists
of the Real Property Description included herein and the Map of Survey
attached herewith.
Note: In accordance with the Texas Board of Professional Land Surveying
General Rules of Procedures and Practices, 663.19(7), "The cited instruments
are not necessarily, the current owners of the subject property, but are the
documents containing the descriptions of the boundaries as surveyed.
40
4 TeRF�'�y I
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EDWARD K.KHALIL
4 A 5951 �� r
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Colleyville.TX 76034 REVISION:03-08-16
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DRAY"BY' A.N.A.CONSULTANTS,L.L.C.
DATE) 03-03-16
DOM NO.s 040180-P14-ADD 5000 Thompson Teince
eor+GULTIANre,I-Lo. Colleyvlllo Texee 76034
APPROVED BYo EK OPAcet �1 335-9900
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EXHIBIT 4
(See Attached Proposals and Estimates)
Utility Relocation
$27,750 Civil Design Proposal
$100,000 Civil Installation
$45,600 Oncor Overhead to Underground
$101,650 Contingency
2lQO Reimbursement Cap
_... 6/8/2017
P E LQT4 N
LAND SOLurioNS
NRD-Monterra Utility Relocation
Peloton understands the project to be the preparation of dry utility relocation plans to include horizontal
alignment and general vertical clearance profiles. These utilities include Oncor overhead electric service and
power poles along the westerly ROW of a 1,600-1-F segment the N.Riverside Drive(fronting the Monterra
development),immediately south of N.Tarrant Parkway. The primary objective of this service is to relocate
existing overhead utilities into underground alignments within new easements along the eastern edge of the
HWA/Monterra Drooertv.
LUMP SUM-BASIC SERVICES
Design Development Phase
Project Coordination and Meetings $2,500.00
Supplemental Field Survey and Boundary Verification $2,000.00
Data Collection,Research,and Site Investigation $2,000.00
Preliminary Utility Relocation Plans $6,000.00
Preliminary Easement Exhibits(assume 3) $1,S00.00
Total Design Development Phase $11,500.00
Construction Documents Phase
Coordination with Utility Purveyors $2,000.00
Final Utility Relocation Plans $12,500.00
Final Easement Legal Descriptions/Exhibits(assume 3) $3,000.00
Total Construction Design Phase $15,500.00
Total Estimated Fee $27,000.00
Estimated Reimbursable Expenses $750.00
REIMBURSABLE EXPENSES:
The following Items shall be considered reimbursable expenses to this contract:
1. Printing/Reproduction Services
2.Travel/Mileage
3.Application and/or Review Fees
4.Sales Tax on Survey Work
ASSUMPTIONS:
The following assumptions apply to this proposed scope of work:
1. Client to provide associated legal documents for all Hwa property encumbrances(old and new)
2. Right of entry will be provided(as needed)to complete the proposed field services.
3. Frontier telephone overhead services currently located on the existing Oncor power poles will be
relocated by the City of Fort Worth with future roadway improvements of N. Riverside Drive.
4. The extents of the project are illustrated on the attached exhibit.
Page 1 of 2 NRD-Monterra Utility Relocation
r:
E L O T O N 6/8/2017
LAND SOLurioNS
EXCLUSIONS:
1. Landscape Architectural Service(Plantings/Lighting/Irrigation)
2. Traffic Signal Design
3. Designs for other utility relocations other than specified herein,including:water,sewer,gas,etc.
4. Design of retaining walls,screening walls paved areas.
5. Geotechnical investigations or soil gradation analysis or recommendations
6. Services of other special consultants
7. Irrigation design or design of special structures not identified as standard
8. Legal descriptions or closing documents not identified in original scope
9. Structural Paving sections to be provided by others.
10. Survey Construction Staking
11. Non-standard photometric streetlight designs.
12 Zoning and/or other entitlement services/representation not listed above.
Page 2 of 2 NRD-Monterra Utility Relocation
1,G00-LF Utility
Relocation . #
Project Extents � �� ,�rs
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CONATSER
CONS RUC IO X, Lr"
5327 Wichita Street - P.O.Box 15448 • Fort Worth,Texas 76119
Proposal
6/8/2017
Craig S.90kade
HBMrood Properties
Senior Development Manager
817-224.6067 orad Line
817-903-1986 Mobile
817-224.8080 Fax
cxala.schkedeORdihvood.00m
Reference: RIVERSIDE ELECTRIC BUDGET
Item No. I Quantity Unit Descri on I Unit Cott Cost
1 1600 LF Install(2)6"Conduits by open cut $ 38.00 $ 60,800.00
2 120 LF Install(2)6"Conduits by BORE $ 80.00 $ 9,600.00
3 2 EA Install Switch Gear Pad $ 3,460.00 $ 6,900.00
4 1600 LF Pulling Rope $ 0.75 $ 1,200.00
Proposal Total: $ 78,500.00
"•"*"*"`DOES NOT INCLUDE SURVEYING"••"""'•'""'•'••
"•""'DOES NOT INCLUDE VEGETATION""*""••""•
Respectfully submitted by;
Conatser Construction
Brock Huggins
Approved by:
Name Date
rm053
(817)534-1743 9 Fax(817)534-4556
www.conatserconstruction.com
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(See Attached Oncor Easements Location Map)
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9500 HILLWOOD PKWY,STE 2501 FORT WORTH,TX 7617715175.-33W JOB:HWA17098_15 DRAWN BY:JAK CHECKED BY:DP DATE:08/03/17 PAGE:1 OF 1
G-\JOB\HWA17098_Land_Dev\15_NRD Ph 5 Ut11\EX_5.dgn 8/3/2017 8128:11 AM
EXHIBIT 6
(See Attached Dedication Deed)
Exhibit 6
Project: N.Riverside Drive
Parcel#•
Doe#: 7236
Address: 8497 Old Denton Road
Lot: Block: Addition:
DEDICATION DEED
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT §
That AIL Investment, L.P., a Texas limited partnership ("Grantor"), for and in
consideration of the acceptance of the terms, conditions and reservations contained herein by
The City of Fort Worth, Texas, a municipal corporation of Tarrant County, Texas ("Grantee"),
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged,
Has GRANTED and CONVEYED, and by these presents does GRANT and CONVEY,
unto Grantee, as a dedication for the uses set forth herein, all of that certain tract of real property
situated in Tarrant County, Texas described in Exhibit "A" attached hereto and made a part
hereof by reference(the "Property").
This conveyance of the Property is made and accepted subject to the following (the
"Permitted Exceptions"): (i) the restrictions hereinafter set forth, (ii) the easements reserved as
set forth in Exhibit "C" attached hereto and made a part hereof by reference, and (iii) all other
matters of record affecting the Property that may exist as of the recordation of this instrument.
Grantor shall pay all 2016 ad valorem taxes against the Property.
The Property is conveyed to Grantee to be used only for the following purposes (the
"Permitted Purposes"): the construction, use, maintenance, repair and reconstruction of a public
roadway and for any other legal purpose, including without limitation, drainage facilities,
utilities, franchises, pipelines and conduits of whatever kind or description, both publicly owned
and privately owned, where permitted by Grantee. All facilities constructed on the Property,
other than the public roadway, must be buried beneath the surface of the Property (the
"Underground Facilities"). Appurtenances to the roadway or the Underground Facilities that
cannot be installed underground but can only be installed on the surface of the Property may be
installed on the surface of the Property. Temporary Facilities may be constructed on the surface
of the Property or above the surface of the Property. For purposes of this deed, "Temporary
Facilities" shall mean only those surface-mounted or above-ground facilities required to service
projects under construction. In no event shall Temporary Facilities be installed for more than
two years. Temporary Facilities shall be removed at the expense of the party that installs the
Temporary Facilities.
There is excepted from this conveyance and reserved unto Grantor all of the water, oil,
gas and other minerals in, on or under the Property; PROVIDED, HOWEVER, THAT
GRANTOR SHALL NOT EXPLORE FOR, PRODUCE OR MINE SUCH MINERALS IN
ANY MANNER THAT WOULD INTERFERE WITH GRANTEE'S USE OF THE
PROPERTY.
Page 1
Dedication Deed
The rights, options and easements retained or reserved by Grantor in this Dedication Deed shall
be the property of and shall inure to the benefit of Grantor, its successors and assigns, and are not
appurtenant to any tract of property (other than the Property). All provisions of this Dedication
Deed applicable to Grantor and Grantee shall be applicable to their respective successors and
assigns.
Grantor hereby disclaims any warranty, guaranty or representation, oral or written, past,
present or future, of, as, to or concerning (i) the nature and condition of the Property, including,
but not limited to, the suitability thereof for any activity or use; (ii) the condition of any
improvements located thereon; (iii) the compliance of the Property with any laws, rules,
ordinances or regulations of any government or other body. The conveyance of the Property as
provided for herein is made on an "AS IS" basis, and by its acceptance of this Deed and in
consideration of the conveyances by Grantor herein, Grantee acknowledges that, except as
otherwise specifically stated in this Dedication Deed, GRANTOR MAKES NO
REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF
LAW, INCLUDING, BUT IN NO WAY LIMITED TO, ANY WARRANTY OF
CONDITION, HABITABILITY, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, ALL OF WHICH WARRANTIES, TO THE FULLEST
EXTENT PERMITTED BY LAW, ARE EXPRESSLY DISCLAIMED.
TO HAVE AND TO HOLD the Property, subject to the Permitted Exceptions, together
with all and singular the rights and appurtenances thereto in anywise belonging, unto Grantee, its
successors and assigns forever; and Grantor does hereby bind itself, its successors and assigns, to
WARRANT AND FOREVER DEFEND all and singular the Property, subject to the Permitted
Exceptions, unto Grantee, its successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof by, through or under Grantor, but not
otherwise.
EXECUTED this day , 2017.
AIL Investment, L.P.,
a Texas limited partnership
By: AIL GP, LLC,
a Texas limited liability company,
its general partner
By:
L.Russell Laughlin,Senior Vice President
Page 2
Dedication Deed
ACCEPTED ON THE TERMS AND
CONDITIONS CONTAINED HEREIN:
The City of Fort Worth, Texas
By:
Steve Cooke,Property Management Director
Approved as to Form and Legality:
Assistant City Attorney
THE STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on this day of 2017
by L. Russell Laughlin, Senior Vice President of AIL GP, LLC, general partner of AIL
Investment, L.P., a Texas limited partnership, on behalf of said limited partnership.
Notary Public, State of Texas
THE STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me this day of 2017,
by Steve Cooke, Property Management Director of the City of Fort Worth,Texas, and by
, Assistant City Attorney of the City of Fort Worth,
Texas, a municipal corporation, on behalf of the City of Fort Worth, Texas.
Notary Public, State of Texas
Page 3
Dedication Deed
GRANTEE'S ADDRESS: AFTER RECORDING, RETURN TO:
The City of Fort Worth The City of Fort Worth
200 Texas Street 200 Texas Street
Fort Worth, TX 76102 Fort Worth, TX 76102
Attention: Steve Cooke Attention: Steve Cooke
WITH COPY TO:
AIL Investment, L.P.
9800 Hillwood Parkway, Suite 300
Fort Worth, TX 76177
Attention: L. Russell Laughlin
Page 4
Dedication Deed
EXHIBIT "C"
EASEMENTS RESERVED
1. Grantor hereby reserves a non-exclusive, assignable, free easement:
(a) across and through all portions of the Property lying beneath the surface of
the Property, to use such subterranean areas for any use that does not interfere with
Grantee's use of the Property;
(b) across and through all air space 17.5 feet above the surface of the
Property, to use such air space for any use that does not interfere with Grantee's use of
the Property; and
(c) over and across the surface of any portion of the Property not covered by
pavement for the installation and maintenance of landscaping and an underground
landscape irrigation system. Grantor or Grantor's assignee, whichever entity installs any
such landscaping or underground irrigation system, shall have the right and responsibility
to keep such landscaping and irrigation system in good condition and repair. Grantee
shall have no responsibility for any such maintenance. Grantee, at Grantor's expense,
shall have the right to take such action as necessary to stop water from running on the
Property from any leaks in the irrigation system that are not promptly repaired by Grantor
or its assignee.
2. The easements reserved in this Exhibit "C" are easements in gross for the benefit
of Grantor and its successors and assigns.
3. In connection with Grantor's reserved easements described in section 1 above, in
the event Grantor desires to install improvements on, under, over, above, or through the
Property, Grantor shall submit plans to Grantee for such improvements, and such plans, and the
installation of improvements related thereto, shall be subject to Grantee's consent, which shall
not be unreasonably withheld or delayed. Grantor or its assignee shall restore or repair any
damage to the Property resulting from such use by Grantor or its assignee.
4. The person or entity (whether Grantor or an assignee of Grantor) exercising any
right to install any landscaping or facilities pursuant to the easement reserved herein shall
indemnify and hold Grantee harmless from and against any claims or damages (including court
costs and reasonable attorneys' fees) resulting from the construction, installation, maintenance,
use or existence of such landscaping or facilities except such claims or damages that result from
the negligence of Grantee or its employees, agents or contractors. Notwithstanding the foregoing,
Grantor shall not have any liability under this indemnity with respect to any landscaping or
facilities installed by an assignee of Grantor or with respect to any landscaping or facilities
assigned or conveyed by Grantor to an assignee after installation, provided that Grantor has
given Grantee written notice of such assignment, by certified mail return receipt requested, at
Grantee's address set forth below. Any such assignee (of whom Grantee has been notified as
provided above) shall be automatically deemed to have assumed this indemnity upon such
assignment and Grantor shall be deemed released therefrom. As a condition to the obligations
under this indemnity, Grantee must give the indemnifying party prompt notice of any claim that
may be covered by this indemnity, shall cooperate in the defense thereof, and shall not take any
action, including, but not limited to, a settlement of the claim, that would adversely affect the
defense of such claim without the prior written consent of the indemnifying party. The above
Page 1
Exhibit C to Dedication Deed
provisions do not restrict in any way the right of Grantee to bring suit under or otherwise enforce
this indemnity in accordance with its terms.
5. By its acceptance of this Dedication Deed, Grantee agrees to execute such further
instruments confirming or evidencing the easements reserved in this Exhibit "C" as Grantor from
time to time may reasonably request, including, but not limited to, any utility easement
documents used by any utility company, although such execution is not necessary for the
exercise of any rights under this easement.
Page 2
Exhibit C to Dedication Deed
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
loft
Complete Nos,1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2017-223628
AIL Investment,LP
Fort Worth,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party tot the contract for which the form is 06/14/2017
being filed.
City of Fort Worth Date Ac o d ed:
3 Provide the identification number used by the governmental entity or state agency to track or identify the Contract,and provide a
description of the services,goods,or other property to be provided under the contract.
8497 ROW DEV,ESCOW AGMT.
Right of Way and Utility Work
4 Nature of Interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Hillwood Alliance Group,L.P. Fort Worth,TX United States X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear,or affirm n r p Ity of perj that th above disclosure is true and correct.
LORI LYNN BOWLING
_Notary Public.State of Texas
Comm.Expires 10-17-2019 -.
9� Notal ID 124717681 lure of authorized agent of contracting business entity
��i BOF
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AFFIX NOTARY STAMP/SEAL ABOVE tom, C^',,
Swom to and subscribed before me,by the said ��t,1Lt�}. l� this the `"� day of _,
201_,to certify which,witness my hand and seal of offill.
Signature of oflMer administering oath IN Printed name of officer administering o0j Tile of officer admiMstering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883
CERTIFICATE OF INTERESTED PARTIES FORM 1295
lotl
Complete Nos.1.4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2017-224021
American Escrow Company
Dallas,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which t e form is06/14/2017
being filed.
City of Fort Worth Date Acknowl dged:
3 Provide the identification number used by the governmental entity or state agency to track or identity the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
8497 Row dev,Escrow agmt.
Escrow Officer
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling intermediary
American Escrow Company Dallas,TX United States X
5 Check only if there is NO Interested Party.
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
HELENWC OOTEN6u 0 d
Notary Public
State of Texas
ID#10052907 Signature of authorized agent of contracting business entity
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°M Comm.Expires 9/30/2020
AFF
Sworn lo and subscribed before me,by the said �r1 nnC� ,ro*Nk this the i ` day of �tf�
20 to certify which,witness my hand and seal of office.
Ak!�� \� � �6�-,VN �,
Signature of officer administering oath Printed name of officer administering oath fide of officer administering oath
Forms provided by Texas Ethics Commission www,ethics,state,tx.us Version V1,0,883
City of Fort Worth, Texas
Mayor and Council Communication
I
I
DATE: Tuesday, June 20, 2017 REFERENCE NO.:
LOG NAME: 21N RIVERSIDE DRIVE RIGHT-OF-WAY DEVELOPMENT ESCROWAGREEMENT
SUBJECT:
Authorize Execution of a Right-of-Way Development Escrow Agreement with AIL Investments, L.P., and
American Escrow Company Relative to the Dedication of Fee Simple Interest in 2.044 Acres of Land
Located at 8497 and 8601 Old Denton Road, and Fee Simple Interest in 0.289 Acres of Land Located at
8200 Old Denton Road and Reimbursement of Expenses in Connection with the Relocation of Oncor
Electric Utility Infrastructure in an Amount Up to$275,000.00 for the North Riverside Drive Project(2014
BOND PROGRAM) (COUNCIL DISTRICT 4)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of a Right-of-Way Development Escrow Agreement with AIL Investments, L.P.,
and American Escrow Company relative to the dedication of fee simple interest in 2.044 acres of land out
of the W. McCowen Suvey, Abstract No. 999, located at 8497 and 8601 Old Denton Road, and fee simple
interest in 0.289 acres of land out of the C.C. Whyte Survey, Abstract No. 1611, located at 8200 Old
Denton Road;
2. Authorize the reimbursement of expenses in connection with the relocation of Oncor Electric utility
infrastructure in an Amount Up to $275,000.00 for the North Riverside Drive Project(Project No. 02272);
and
3. Authorize the City Manager or his designee to execute and record the appropriate documents
accepting the conveyance of fee simple interest.
DISCUSSION:
The 2014 Bond Program provides funding for improvements to North Riverside Drive from a two-lane
roadway to a four-lane divided arterial street from North Tarrant Parkway to Old Denton Road (Project No.
02272).An Agreement has been reached with AIL Investments, L.P. (AIL), relative to the acquisition of
101,595 square feet(2.333 acres) of fee simple interest in land needed for the North Riverside Drive
project. AIL has agreed to dedicate the necessary right-of-way to facilitate the construction of North i
Riverside Drive between North Tarrant Parkway and Thompson Drive. In exchange for the dedication,AIL
will receive credit against future transportation impact fees in the amount of$324,088.00. Additionally,
under the terms of the agreement AIL will be reimbursed for the cost to relocate Oncor electrical facilities
outside the future right-of-way in an amount not-to-exceed$275,000.00. The relocation of electrical
facilities is required prior to construction of the roadway.
Based on an independent fee appraisal, the estimated fair market value of the property interest being
dedicated is$796,500.00. Below is a summary of the property interests and the corresponding estimate
of fair market value. The Agreement with AIL will result in an estimated net savings for the acquisition of
$197,412.00.
Logname: 21N RIVERSIDE DRIVE RIGHT-OF-WAY DEVELOPMENT ESCROW AGREEME...Page 1 of 3
Address/Legal Description °f
Acquisition Est.FMV
I8 '8200 Old Denton Road,C.C.Whyte Survey,Abstract Right-of-Way
No.1611 Easement
Acres) $75.500.00
13 18497 Old Denton Road,W.McCowens Survey, Right-of-Way
Abstract No.A-999 I Easement
f �
i 1(0.688 Acres) X180,000;00
14 (8601 Old Denton Road,W.McCowens Survey, I Right-of-Way
Abstract No.A-999 Easement
I
r (1.079 Acres) $360,000.00
14 A 8601 Old Denton Road,W.McCowens Survey, Right-of-Way
bstract No.A-999 Easement
0.277 Acres 181,000.00
TOTAL $796,500.00
1
This project is included in the 2014 Bond Program.Available resources within the General Fund will be
used to provide interim financing for these expenses until debt is issued. Once debt associated with this
project is sold, bond proceeds will reimburse the General Fund, in accordance with the statement
expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond
election (Ordinance No. 21241-05-2014) and the subsequent actions taken by the Mayor and City Council.
This project is located in COUNCIL DISTRICT 4.
FISCAL INFORMATION /CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as appropriated, of I
the 2014 Bond Program.
FUND IDENTIFIERS (FIDs):
TO
Fun Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
FROM
r
un Department ccoun Project Program ctivity Budget Reference #
moun
IID ID I Year Chartfield 2 `
CERTIFICATIONS:
Submitted for City Manager's Office by: Jay Chapa (5804)
Originatina Department Head: Steve Cooke (5118)
Additional Information Contact: Roger Venables (6334)
ATTACHMENTS
1. 1295 Form -American Escrow Company N Riverside Dr.pdf (Public)
Logname: 21N RIVERSIDE DRIVE RIGHT-OF-WAY DEVELOPMENT ESCROW AGREEME...Page 2 of 3
t
2. Form 1295 AIL Investments N Riverside Dr-AIL.pdf (Public)
3. N RIVERSIDE DRIVE FID ACCT INFO-.pd f (CFW Intemal)
4. ROW 13.pdf (Public)
5. ROW 14-A.pdf (Public)
6. ROW-14.pdf (Public)
7. ROW-8.pdf (Public)
8. Site Map.pdf (Public)
I
Logname:21N RIVERSIDE DRIVE RIGHT-OF-WAY DEVELOPMENT ESCROW AGREEME...Page 3 of 3