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HomeMy WebLinkAboutContract 34399/ ' . AGREEMENT CIiY SECRETARY COhITFiACT Np . This AGREEMENT ("A�reement") is entered into as of � cew���� r b , 2006, ("Effective Date") by and between PNL FORT WORTH, L.P., a Delaware limited partnership, ("PNL"), TANDY GARAGE, L.P., a Delaware limited partnership ("TG"; PNL and TG are individually and collectively referred to in this Agreement as "Owner") and the CITY OF FORT WORTH, a municipal cozporation of Tarrant County, Texas ("Citv"). RECITALS: The following provisions are the basis for this Agreement: A. Owner is the owner of the real property described on Exhibit A attached hereto ("City Place PropertX"). B. Pursuant to a deed recorded on December 6, 1979, in Volume 6373, Page 686 of the Real Property Records of Tarrant County, Texas ("Real Property Records"), the City conveyed a portion of Taylor Street to Owner's predecessor, subject to a reservation of an easement to the surface for the use, operation, maintenance, repair and reconstruction of a public street and a reservation to repair, maintain and reconstruct public utilities which were included within the plans for the improvements constructed therein ("Exchan eg Deed"). On October 1, 1977, Owner's predecessor entered into a Lease Agreement with the City foi• approximately 1,530 square feet of subterranean space contained within the property conveyed to Owner's predecessor by the Exchange Deed ("Librar_�se"). The Library Lease expired by its terms on October 20, 2002, and Owner has constructed a CMU wall to separate this space from the library. C. Improvements exist below and above the surface of Taylor Street, Throckmorton Street, Weatherford Street and Third Street that have been and are contemplated to continue to be used and may be altered and improved as part of the developments on the City Place Property (such below-surface improvements are referred to sometimes in this Agreement as "Subterranean Space"). D. Radioshack Corporation conveyed the City Place Property, together with other property, to PNL by Special Warranty Deed recorded on December 31, 2001, in Volume 15363, Page 237 of the Real Property Records, which conveyance included all of Radioshack's right, title and interest to the adjacent streets and improvements located above and below the streets. E. By instrument recorded in the Real Property Records on September 17, 1979, in Volume 6807, Page 1677, Owner's predecessor granted to Bass Brothers Development Co. an easement to build, maintain and operate a skywalk over Throckmorton Street cormecting the project on the City Place Property to the hotel located across Throckmorton Street, to allow for access between the hotel and the development on the City Place Property ("Hotel Skywalk"). F. To confirm fee simple ownership by each respective Owner and to convey fee simple ownership to the applicable Owner to the extent any portions thereof are owned by the City, by Ordinance No. Y ee�ez��-r l� �� t (the "Ordinance"), the City has abandoned �/�� 17Z� 1-il-Z�ou� � _�..�-�-��---. ;72��-1I-2vLc� (,�'1��IV�� �� �����i��W� ��d���� AGREEMENT — Page 1 ; -� Lt� `t -I l - � � 0 � �p �s tiv Rsp �g , -� �,,�-�� - 20o c� C�iB �����SW�U „-, � l�Ho ���e�� .. . . � �1 L'i�P:Y i� and quitclaimed to the respective Owner ("Abandonment") all of its right, title and interest to certain portions of Weatherford Street, Taylor Street, Throckmorton Street and Third Street adjacent to certain portions of the City Place Property and any improvements located therein, the legal description of which is attached hereto as Exhibit B("Abandoned Property"), which Abandonment was effective upon recording of the Replat. G. The County of Tarrant, Texas (the "Countv") and the City own the parcels of property on the west side of Taylor Street adjacent to the Taylor Street portion of the Abandoned Property. By Quitclaim Deed recorded as Document No. D206284991 in the Real Property Records, the County has quitclaimed to PNL any interest it may have to the Abandoned Property. H. Owner's predecessor in ownership of the City Place Property also owned the property on the east side of Throckmorton Street adjacent to the Throckmorton Street portion of the Abandoned Property. Owner's predecessor conveyed such property to 200 Houston Street Associates Joint Venture by Special Warranty Deed recorded on September 14, 1979 in Volume 6807, Page 1651 of the Real Property Records (as such deed was subsequently conected), in which Special Wananty Deed Owner's predecessor reserved all existing and future right, title, and interest in all of Throckmorton Street adjacent to the property so conveyed. I. Owner has replatted the City Place Property into three lots pursuant to that certain Final Plat, Lots 1, 2, and 3, Block 18R, Fort Worth Original Town, a Replat of Lots 3 and 4, Block l7, Fort Worth Original Town A dition and �ilock 18R, Fort Worth Original Town Addition, recorded as 1 ' .(���,115'Q5"in the Real Property Records, which Lots 1, 2 and 3 include the Abandoned Property ("Replat"), the legal description of which property covered by the Replat is set forth on Exhibit C attached hereto. As part of the Replat, and in conjunction with the Abandonment, Owner granted an easement to the City for the use, operation, maintenance, repair and reconstruction of public streets over Weatherford Street, Taylor Street, Throckmorton Streei and Third Street, in the areas which are shown as "Street Easements" on the Replat, and which areas are further defined in this Agreement ("Street Easements"). Such Street Easements also include the right for the City and applicable utility companies to use the Street Easement areas for the installation, use, operation, repair, maintenance, and replacement of utilities, including drainage systems. J. Pursuant to an Economic Development Agreement between Owner and the City, under the circumstances and at the time set forth therein, Owner shall convey a street easement to the City for the reopening of Second Street through the City Place Property, which street easement shall be ai least 50 feet in width (including sidewalks) and with a depth consistent with the terms set forth for the Street Easements, a height reasonably necessary for the contemplated use of the Street Easement taking into consideration the contemplated height of the City Place Skywalk which the parties currently intend to be at least 16 feet above the street surface and generally consistent with the other terms and provisions of the Street Easements; �rovided, however, that the parties acknowledge that though the terms of the Street Easement set forth in Section 1.3 of this Agreement will set a general standard for the proposed street easement for Second Street, the particulars of the Second Street easement, including the height of the street clearance, may differ somewhat. Owner plans to construct a skywalk within the City Place AGREEMENT — Page 2 �I������c;4� aS���'i�� ���� �������� ?• N^ �YVY YL�YY g +1 G 1 .''�r'f �;% J: � � Property above such street easement for Second Street ("Citv Place Skvwalk"). The City Place Skywalk and the Hotel Skywalk are collectively refen•ed to herein as the "SkYwalks." K. Existing private and public utilities serving the City Place Property are located in the former subway tunnel below Taylor Street, extending generally in a northerly direction from the intersection of Taylor Street and Weatherford Street, portions of which are located outside of the Abandoned Property ("Subway Tunnel") and future utilities serving the City Place Property are contemplated to be located in the Subway Tunnel; and the City, to the extent it may be the owner of such property, desires to grant to Owner an easement for utility purposes over the Subway Tunnel. Use rights with respect to portions of this Subway Tunnel were granted to Owner's predecessor by instruments recorded in Volume 4509, Page 681, Volume 4657, Page 607, Volume 4694, Page 274, and Volume 4702, Page 865 of the Real Property Records. Such existing private utility facilities include two private sewer lines serving the City Place Property, a portion of which is described in that certain Sanitary Sewer Easement granted by Kan Am Riverfront Campus, LP, a Delaware liznited partnership to Owner, recorded as Document No. D206193016 of the Real Property Records, which private sanitary sewer line Owner acknowledges is its duty to maintain. L. PNL and the City entered into a Consent Agreement recorded on August 7, 2003, as Document No. D203288556 in the Real Property Records ("Consent Agreement"), which Consent Agreement is hereby superseded by the terms of this Agreement, the Replat and the Ordinance with respect to the portion of the Abandoned Property not contained within the Street Easements. AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements contained in this Agreement, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged by the parties hereto, the parties hereto hereby agree as follows: ARTICLE I. TERMS 1.1. Recitals. The above Recitals are hereby incorporated into the body of this Agreement by this reference. 1.2. Scope of Abandonment. The parties hereby agee that to the extent that any wall is lacated on or immediately adjacent to the boundary of the lega] description of the Abandoned Property, the abandonment is intended to include the entirety of such wall. 1.3. Scope of Street Easement. Pursuant to the Replat, Owner has granted a perpetual easement to the City for the use, operation, maintenance, repair and reconstruction of public streets, sidewalks and related street lights, street signs and traffic control devices over the portions of Weatherford Street, Taylor Street, Throckmorton Street and Third Street shown as "Street Easements" on the Replat, and the City hereby accepts such grant and agrees to be responsible for the maintenance thereof (except that the City is not responsible for the AGREEMENT — Page 3 maintenance of any non-standard sidewalks installed by or at the request of Owner), subject to Owner's right to operate, maintain, repair and replace the existing columns supporting the Hotel Skywalk, the existing columns supporting the iznprovements located above Weatherford Street and other private improvements within the Street Easements. The Street Easement areas may also be used by the City and applicable utility companies for the installation, use, operation, repair, maintenance, and replacement of utilities, including drainage facilities, which expressly includes all existing public water, sewer and drainage facilities located within the Street Easements. The Street Easements shall extend below the surface of the street to the extent necessary to include the existing street surface and street protection slab, to the top of, but shall not include, any waterproofing membrane. The Subterranean Space shall not be included within the Street Easements, except that such Street Easement shall include any existing components (and their replacements) of any street lights, street signs, traffic control devices, water facilities and sewer facilities ("Subterranean City Improvements") which extend below such ]evel, and shall extend upwards to an elevation of sixteen feet above the existing crown of the street surface. However, in the event that the City desires to relocate any such Subterranean City Improvements or add new Subterranean City Improvements within the Abandoned Property, Owner shall reasonably cooperate with the City to accommodate such Subterranean City Improvements in a manner that does not materially interfere with Owner's use of the Subterranean Space, and any such relocated or added Subterranean City Improvements shall become part of the Street Easements (the parties acknowledge that any such expansion of the area of the Street Easements to include additional Subterranean City Improvements shall not require any compensation to Owner for such easement rights, however, all costs associated with the construction of such Subterranean City Improvements shall be at the City's sole cost and expense). The City and applicable utility companies utilizing the Street Easement shall have the right to access the Sixeet Easement areas through the Abandoned Property to the extent necessary provided that such access does not materially interfere with Owner's use of the Abandoned Property; provided, however, that the City and applicable utility companies shall have immediate right of access through the Abandoned Property in the event of an emergency requiring immediate access to the Street Easement areas for the purposes hereof. 1.4. Reservation of Easement for Utilitv Purposes. The Abandonrnent includes a reservation of a perpetual, nonexclusive easement by the City on behalf of itself and applicable utility companies for the use, operation, repair, maintenance, and replacement of existing utilities, including drainage improvements, located in the Abandoned Property ("Utilitv Reservation"). The City and applicable utility companies utilizing the Utility Reservation shall have the right to access such utilities through the Abandoned Property to the extent necessary provided that such access does not materially interfere with Owner's use of the Abandoned Property; provided, however, that the City and applicable utility companies shall have immediate xight of access through the Abandoned Property in the event of an emergency requiring immediate access to the Utility Reservation areas for the purposes hereof. Such reservation does not restrict Owner's rights to develop and use the remainder of the Abandoned Property for any purposes not inconsistent with the foregoing and neither the City nor any utility company shall have the right to alter or remove any iznprovements within the Abandoned Property other than its utility facilities. 1.5. Tmprovements above and below Street Easements. Other than the Skywalk, the improvements above the Weatherford Street portion of the Street Easement and any other AGREEMENT — Page 4 existing improvements, Owner will not construct, alter, or maintain any improvements above the 5treet Easement without the prior written consent of the City. Provided that Owner complies with all applicable legal requirements, including any necessary permitting, and except as otherwise expressly provided herein, Owner shall have the right to alter existing improvements and construct new improvements within the Abandoned Property. In the event that Owner's use, construction or maintenance of improvements within the Abandoned Property damages the City's irnprovements within the Street Easement or the utilities covered by the Utility Reservation, Owner will restore such damage promptly at Owner's sole cost and expense. 1.6. Subwav Tunnel. The City, to the extent of its right, title and interest therein, if any, hereby grants to Owner a perpetual, nonexclusive easement for the construction, use, operation, repair, maintenance and replacement of existing and future utilities within the Subway Tunnel and for access thereto, such easement to include the right of Owner to gant utzlity easements therein to third parties, including any such utility easements previously granted by Owner. 1.7. Insurance. Owner agrees to carry Commercial General Liability Insurance, in the amount of not less than One Million Dollars ($1,000,000) general aggregate, with Bodily Injury Limits of not less than One Million Dollars ($1,000,000) per occurrence, protecting against all claims, demands or actions arising out of or in connection with Owner's use of the Abandoned Property or any of Owner's utility facilities within the Subway Tunnel. 1.8. INDEMNIFICATION. OWNER AGREES TO DEFEND, PROTECT, INDEMNIFY AND HOLD HARMLESS THE CITY AND ITS EMPLOYEES AND AGENTS FROM AND AGAINST ALL CLAIMS OR DEMANDS, INCLUDING ANY ACTION OR PROCEEDING BROUGHT THEREON, AND ALL COSTS, LOSSES, EXPENSES AND LIABILITIES OF ANY HIND RELATING THERETO, INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS OF SUIT, ARISING OUT OF OR RESULTING FROM THE NEGLIGENCE OF OWNER OR ITS EMPLOYEES, AGENTS OR CONTRACTORS IN THE CONSTRUCTION, USE, OPERATION, REPAIR, MAINTENANCE OR REPLACEMENT OF (A) THE ABANDONED PROPERTY OR (B) ANY OF OWNER'S UTILITY FACILITIES WITHIN THE SUBWAY TUNNEL. ARTICLE II. MISCELLANEOUS 2.1. Relationship. Nothing contained in this Agreement shall be deemed or construed, either by the parties hereto or by any third party, to create the relationship of principal and agent or to create any partnership, joint venture or other association between the parties. 2.2. Bindin Eg ffect. This Agreement shall run with the land and be binding upon, and shall inure to the benefit of the parties to this Agreement and their respective successors and assigns. In the event that a condominium association is the successor in interest to any portion of the City Place Property, the obligations of Owner and the authority for actions and approvals by AGREEMENT — Page 5 Owner contemplated by this Agreement, including amendments, with respect to such property shall be vested in the owners' association of such condominium regime. 2.3. Notices. All notices, demands, requests and other communications required or permitted hereunder shall be in writing, and shall be deemed to be delivered when actually received, or, if earlier and regardless of whether actually received, upon deposit in a regularly maintained receptacle for the United States mail, registered or certified, postage fully prepaid, addressed to the addressee at its address set forth below or at such other address as such party may have specified theretofore by notice delivered in accordance with this Section and actually received by the addressee: If to the City: City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 Attn: City Manager If to Owner: PNL Fort Worth, L.P. and Tandy Garage, L.P. 2100 Ross Avenue Suite 2900 Dallas, Texas 75201 Attn: David M. Porter With a copy to: Winstead Sechrest & Minick P.C. 5400 Renaissance Tower 12U1 Elm Street Dallas, Texas 75270 Attention: Allan S. Katz 2.4. Fair Interpretation. This Agreement has been scrutinized by the parties and it shall be given fair and reasonable interpretation in accordance with the words contained in it without any weight being given to whether a provision was drafted by one party or its counsel. Whenever a provision of this Agreement uses the words "include," "including" or words of similar meaning, the words shall not be construed so as to be limiting but shall be treated as illustrative. Section headings are for convenience only and shall not be a part of this Agreement or considered in its interpretation. 2.5. Governing Law; Venue. This Agreement shall be governed and construed in accordance with the laws of the State of Texas. The parties agree that Tarrant County is proper venue for any action or proceeding brought by any party relating to the subject matter of this Agreement, whether in contract, tort, or otherwise. 2.6. Severabilitv. In case of any one or more of the provisions of this Agreement or any application of this Agreement shall be invalid, illegal or unenforceable in any respect, the validity, legality or enforceability of the remaining provisions of this Agreement and any other application of such provisions shall in no way be affected or impaired. AGREEMENT — Page 6 2.7. Amendments. This Agreement may be amended, from time to time, only with the written consent of the parties and such amendment shall be effective upon recording in the Real Property Records. 2.8. Authoritv. Each party hereto represents and warrants to the other party that all approvals (including governmental approvals) necessary for such party to enter into this Agreement and for this Agreement to be enforceable against such party have been obtained, that each party has all necessary power and authority to enter into this Agreement and to carry out its obligations described herein, that the person executing this Agreement on behalf of such party has been authorized by all necessary action to execute and deliver this Agreement on behalf of such party, and that the execution and delivery of this Agreement and the performance of the obligations described herein will not violate or constitute an event of default under any other agreement to which such party is a party or to which its property is bound. 2.9. No Termination. It is expressly agreed that no breach of this Agreement shall entitle any party to cancel, rescind, or otherwise terminate this Agreement. 2.10. No Third-Party Beneficiaries. Except as herein specifically provided, no right, privileges or immunities of any party hereto shall inure to the benefit of any third party person, nor shall any third party person be deemed to be a beneficiary of any of the provisions contained herein. EXHIBIT LIST: Exhibit A— Legai Description of City Place Property Exhibit B— Legal Description of Abandoned Property Exhibit C- Legal Description of Property covered by Replat [The remainder of this page is intentionally left blank] AGREEMENT — Page 7 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. PNL: PNL FORT WORTH, L.P., a Delaware limited partnership By: PNL FW GP, L.L.C., a Delaware limited liability company, sole general partner � By: � � � � �--� Manager THE STATE OF TEXAS § � `- i_ § COUNTY OF �� C L i" Y ���t.T T; s instrurxiez�t. was acknowledged before me on the v�-}-� ` day of �,� C� ,,. �.,(.u�J , 2006, by ,; �,,' ,.`� `'C7 Y•��,�� , Manager of PNL FW GP, L.L.C., a Delaware limited liability company, sole general partner of PNL FORT WORTH, L.P., a Delaware limited partnership, on behalf of said limited liability company and limited partnership. �, :� : l. �t.�- � � �� -� �] Notary Public - State of Tex s My Commission Expires: - � �� � � (� �7� _I � b�1 v\ Et �-�; .j �' , �,� v�� � � _,r,�. (Printed Name of Notary Public) �������� .�;;,�� _� .�, , � �,���,� �NNETTE J . CONNOR ' Nc���ry P�taile * � '` �1'�T� 0� TEXA� �a�o��'ph f�iy Cors�n. Exp. 0�l9�12gt?8 _ "��::���n -�:� �=.��:��_ AGREEMENT — Signature Page TG: TANDY GARAGE, L.P., a Delaware limited partnership By: PNL Garage, LLC a Delaware limited liability company, its General Partner By: �� /��\� ���,1-f '� �` J , Ivlanager THE STATE OF TEXAS �_ _;_"". � COLTNTY OF i (, ��, � �' �',_. �-� i § is instrum€nt was acknowledged before me on the �'�day of �' ���,, �_ ,�� i�, 2006, by ',':v,(,1 �� �'•� �, Manager of PNL Garage, LLC., a Delaware ]imited liability company, the Generat Partner of TANDY GARAGE, L.P., a Delaware limited partnership, on behalf of said limited liability company and limite�l-partnership. . � ! , �•�,_T'� t � — � Z,L,t:�,�; i Notary Public - State of Te as My Commission Expires: _�r_,_ ���' �"'1 �' '� I'�� '_ `_1 �`� �� � � � b V �/: t.�✓ (Printed Name of Notary Public) - -�.��r�ce��=..�..+..""`� _ ' �l^ �.��xr,� ANPlETTE J . CONfVOR IV��ary Publlc � � � Sia4i� OF TEXAS �q�OF„'Py t�q Ca�n. Exp. 01090l2A08 AGREEMENT — Signature Page ATTEST: � Name Printed: � (' LI t' City Secretary APPROVED AS TO FORM AND LEGAL . Name rinted: �Ss�S��xf City Attorney STATE OF TEXAS CITY: CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas � �� By: � Name: �.-L }= ( � l= flss�STftNr CityManager APPROVED BY CITY COUNCIL: �c C-���OS �,p ��c�1 ( �% 3 � f 0 iv Date COUNTY OF TARRANT § The foregoing instrument was acknowledge�� be�Tf���me on this �l�vrt•day of �EC� ml�r fZ , 2006, by �/}�� �= lSsLl�k /Z , City 1�1"anager of the City of Fort Worth, a municipal corporation of Tarrant County, Texas, on behalf of said municipality. , �'"7�' �� � " � f ° �: i.� � Nota Public, State of Texas apt�R�N G -� � � M���� � My commission expires: �� N�'fAR PUg�M€� �1�11��f li S. 5%�-l�ClfL Z. � SrATE OF TE�S (Printed Name of Notary Public) 'jF OF. ZE*�`i MY CAmm. ExP• 12•14-2009 AGREEMENT — Signature Page ������w� ������i �I� ����?����' ��� �''�'b:��, ���. EXHIBIT "A" Legal Description of City Place Property Lots 3 and 4 of Block 17, Original Town of Fort Worth, Tarrant County, Texas and Block 18R, Fort Worth Original Town Addition to the City of Fort Worth, Tarrant County, Texas, according to replat recorded in Volume 388-110, Page 97 of the Real Property Records of Tarrant County, Texas. EXHIBIT "A" — Legal Description of City Place Property — Cover Page EXHIBIT "B" Legal Description of Abandoned Property EXHIBIT "B" - Legal Description of Abandoned Property — Cover Page ���I�lw� ������ �1�� �����?���� ��, s��'�����, ����. R.O_ W. ABANDONMENT Taylor Street ADJACENT TD BLOCK 18R 53,400 sq. ft. / 1.2259 ac. FORT WORTH TARRANT CO., TEXAS BEING a 1.2259 acre tract of land situated in the A. Robinson Survey, Abstract No. 1289 and the M. Baugh Survey, Abstract No. 106, Tarrant County, Texas and being part of Taylor Street (60' R.O.W.) adjacent to BLOCK 17, ORIGINAL TOWN OF FORT WORTH and BLOCK 18R, FORT WORTH ORIGINAL TOWN ADDITION, an addition to the City of Fort Worth according to the plat thereof recorded in Volume 388-110, Page 97, Plat Records, Tarrant County, Texas, between Belknap Street (80' R.O.W.) and W. 3rd Street (60' R.O.W.), and being more particularly described as follows: BEGINNIIVG at the intersection oi the easterly line oi said Taylor Street with the centerline of said W. 3rd Street; THENCE S60°00'00"W departing the easterly line of said Taylor Street and along the centerline of said W. 3`d Street, a distance of 30.00 feet to the centerline of said Taylor Street; THENCE N30`i�0'00"W along the centerline of said Taylor Street, a distance of 20.00 feet; THENCE S60°00'00"W departing the centerline of said Taylor Street, a distance of 30.00 feet to the westerly line of said Taylor Street; THENCE N30°00'00"W along the westerly line of said Taylor Street, a distance of 810.00 feet to the centerline of aforementioned W. Weatherford Street; THENCE N60°00'00"E departing the westerly line of said Taylor Street and along the centerline of said W. Weatherford Street, a distance of 30.00 feet to the centerline of said Taylor Street; THENCE N30 �00'00"W along the centerline o1 said Taylor Street, a distance of 140.00 feet; THENCE N60°00'00"E departing the centerline of said Taylor Street, a distance of 30.00 feet to the westerly corner of LOT 3, BLOCK 17; THENCE S30°00'00"E along the easterly line of said Taylor Street, at 180.00 feet passing the northwesterly corner of aforementioned BLOCK 18R irom which a tack in lead plug bears N74�6'06"W — 7.12 feet and continuing along the easterly line of said Taylor Street, at 770.00 feet passing the southwesterly corner of said BLOCK 18R from which a tack in lead plug bears 515 �4'14"V1/ — 7.02 feet, and continuing another 30.00 feet, in all, a total distance of 970.00 teet to the POINT OF BEGINNlNG and containing 53,40 square feet or 1.2259 acres o��a�, more or less. 1 1 • Bearings are based upon the Plat of Blocks 6R, iBR, an 20R, Fort Wo h O ' � ition, as r xded in Volume 388-110: Page 97, Plat Records, Tarrant Cou ty, Ty�Cas. 0 . / ,` �G] d •, � i� JO`iN, P.. PIBURPI� JR. � '• ,0 3689 � : � q�O�E S S 1 ��P' �O JUNE i , 2006 �d � � ' � � v� SUK SHT. 1 of 2 � N � SCALE t' = 100' Beorings o�e based upon the Plot o1 Blocks 6R, 18R, ond 20R, Fort Wo�th O�iginaf Town Addition, as recorded in Volume J88-710, Poge 97. Plot Records, Tarrant County, Texas. LINE TABLE LINE BEARING DISTANCE L1 S 60'00'00" W 30.00 L2 N 30'00'00' W 20.00 L3 S 60'00'00' W 30.00 L4 N 60'00'00" E 30.00 L5 N 60'00'00" E 30.00 PIBURN� PARTNERS, LLC 3445 Highlond Rd. — Suite 205 Dollos, Texos 75228 ph: (214) 328-3500 (ax: (214) 328-3512 email pmetrasurveyor.com R.O.W. ABANDONMENT Toylor Street ADJACENT TO BLOCK f8R 53, 400 sq. ft. / 1.2259 ac. FORT WORTH TARRANT CD_, TEXAS < p o � (,a O ~ IwZAm O n O � N � � O t O � A � Z Z b � V A= � i N�> i: �mq O oo.. j N {/�Z 2� �� y _ _ _ _C � � _ � —. _ — _ _ _ — n � � ? '� O W. 75t Street � q y�.Motea ey ad���e r+a »es z OOA� N � y � '_—�.rY2--------� v O - � n y �am C~O � m n : N F, � z oz o c: X � O � °� a� D V e N _ � pNAaA� niF� � � o -+ -a c., o � m c,� � � ,. N � yg �` Z u o � a� w ;� . A �w � a 6= �„o� Q 0 0 7�� �Z�� ~ y g o3g D-��t �" o�= � ?� ;o OAo (b r b Z O V O W. 2nd ST. an n rmi uovm � 0 < < o� � o m � O m y �0 ��m � p X] �r m� �o Projec! fJa os�zz_a.en,vo W. 3RD STREE7' JUNE 7, 2006 eo- x.o.w SNT. 2 of 2 o y � o a '^`- _ _F a� 4 ro � � o ,- � o; og�; _ "n7�' �i.' u o n; � �C -'°iZiw o' e � r y.. p a�y � -�:n < f � mz. �;o ° . ��o o��� y;��� / B4R.. �, i s °�SR/ a m va� ��� Q� W. WEATHE �OR1 BO' R N. •v w / c�e� 3=A � `o ~ A� � O rm- " _A yU 4� 1 yo v4� RA[T 5 EL B PM! I — GMAG£, LP Worranty Oaad I / D2051)B20B � ST. W. ist St.eet .9�o�ea eY aa;�� Na nae �Vd. 6d53. Pg. ?�51 (Casements Rela�ned) O� A� ��o ga: agw �H I— ._"_ '_ _ _ — _ — — D -� j O '� a O � 'z o -� C iy C� :8 WZO� � "_� op=� " _�� o o ^o -+ O a o " i pp '�'� 7o A � .-, �D � L7 ' vZZ v D ie� r 3n �oA➢� A� m y O o' O r' N��ADIn N O � N�.9 d�e b15-ai�rN�rTld � � ,�x .�n, ,�,._� o. ....,— — u A p 0 m� A�n �Q z3ti O ma�. 00 Z i� ey R.O. W, ABANDONMENT Throckmorton Street ADJACENT TO BLOCK 18R 41,280 sq. (t. / 0.9477 ac. FORT WORTH TARRANT CO,, TEXAS BEING a 41,280 square feet tract of land situated in the M. Baugh Survey, Abstract No. 106, Tarrant County, Texas and being part of Throckmorton Street (80' R.O.W.) adjacent to BLOCK 18R, FORT WORTH ORIGINAL TOWN ADDITION, an addition to the City of Fort Worth according to the plat thereof recorded in Volume 388-110, Page 97, Plat Records, Tarrant County, Texas, between W. Weatherford Street (80' R.O.W.) and W. 3rd Street (60' R.O.W.), and being more particularly described as follows: BEGINNING at the northeast corner of said BLOCK 18R and TRACT 5, PARCEL A, described to PNL FORT WORTH, L.P. by Special Warranty Deed recorded under instrument No. D201322277, Real Property Records, Tarrant County, Texas, at the intersection of the southerly line of said W. Weatherford Street with the westerly line of said Throckmorton Street, from which a tack in lead plug bears N14�6'06"E — 7.72 feet; THENCE N60�00'00"E along the southerly line of said W. Weatherford Street, a distance of 80.00 feet to the northwesterly corner of BLOCK 6R of the aforementioned addition; THENCE S30°00'00"E along the easterfy line of said Throckmorton Street, common with the westerly line of said BLOCK 6R, a distance of 480.00 feet to the southwesterly corner of said BLOCK 6R, in the northerly line of aforementioned W. 2nd Street; THENCE S60°00'00"W along the projected northerly line of said W. 2nd Street, a distance of 70.00 feet; THENCE S30°00'00"E a distance of 288.00 feet; THENCE S60°00'00"W a distance of 10.00 feet to the westerly line of aforementioned W. 3rd Street; THENCE N30°00'00"W along the westerly line of said Throckmorton Street, at 8.00 feet passing the southeasterly corner of aforementioned BLOCK 18R, from which a tack in lead plug bears S75°24'14"E — 7.02 feet and continuing along the easterfy line of said BLOCK 18R and TRACT 5, PARCEL A, common with the westerly line of Throckmorton Street, in all, a total distance of 768.00 feet to t e PDINT OF BEGIN N- fa containing 41,280 square feet or 0.9477 acres of land, more or less. ,�� � • Bearinc�s are based upon the Plat ot Dlocks 6R,18R, and 2oR, ort Wo rigi ' i , ecor in Volume 388-110, Page 97, Plat Records, Tarrant County, Tex s. ,'� .- / I ,� F,G1 � � ;� i JOH.I. �. F;BU�N� J�. ti '. ,0 3689 „: � JUNE 1, 2006 q;y°�'�'ss►����� SHT. 1 of 2 � d SU�v � N � SCALE: i' = 100' Beorings a�e based upon fhe P(at o/ 8locks 6R, 18R, and 20R, Forf Worlh Originol 7own Addilion, os recorded in Volume 3B8-110, Page 47, P(ot Records, 7o�ranl County, Texos. PfoFcf No. 0512 =P8nN0 JU1JE 1, 2006 SHT. 2 0l 2 R.O. W. ABANDONMENT Throckmorton Streef ADJACENT TO BLOCK 18R 41,280 sq. ft. / 0.9477 ac. FORT WORTH TARRANT CO., TEXAS W. WEATHERFORD ST. NI<'J6'CS'£ - 7.I7� lo tocR In Iood pl�q 80� R.QW. H��'J6��6'W - 7J7' N GO�OO'00� E �o �o�t �, ,�oa r��y P,0.8. 80.00' N 6o90'Op' E - 200.CA' o� o� �o> � �_^ A x O �g n . � SO a� iQ z � A � W. 7st Street wroled by �Jnonce kn, 118E �Vtl. 6B5], Pg. 1751 (Eoscnenle RelanM) < O � Ao � �� n� mZ�O Z tip�� p �2X O mA� � � o g Qa � Q7O jO O :�, � pn "zz � r 2^�� � 3a'� V o��P� 00 wa< — — -- — — — — — -T -- W. 2nd Sfreet u : ns,«...,�, :m�.d —�--------� �o a �� �o> i� gA� 4'0 z a W. 3RD STREEf S 60' F.O.M S>Si�'I�T - ).OY te i a 6� ��oe puq )� W 4 �"m m�go 000't� OQpp �; � � _ � � — _ _ _ ��A O _ — 3"cz '_;oo W. Ist Sireet ° ° � -wrn1eJ 6r /Y6ewnce Ho. 7�BB Ni 9�b ' �.. ------- — �A� -- W. 2nd ST. o�, � ,a� .�a n 100.0' oI PIBURN�PARTN s'- � 3445 Highlond Rd. — ��.j5 G�L � �j ^j �� P( ) Dallos, Texos 7 22����, `�����n4� h: 214 328-3500 fox: 21 8� � �"��, email(e�-ne[rosurve .co �p,;,r�;-� '-! g!� �� �:�:.�;��1��GG� 16��� R.O.W, ABANDONMENT W. Weatherford Street ADJACENT TO BLOCK 18R i 6, 000 sq. ft. / 0.3673 ac. FORT WORTH TARRANT CD., TEXAS BEING a 16,000 square feet tract of land situated in the A. Robinson Survey, Abstract No. 1289 and the M. Baugh Survey, Abstract No. 106, Tarrant County, Texas and being part of W. Weatherford Street (80' R.O.W.) adjacent to BLOCK 18R, FORT WORTH ORIGINAL TOWN ADDITION, an addition to the City of Fort Worth according to the plat thereof recorded in Volume 388-110, Page 97, Plat Records, Tarrant County, Texas, between Throckmorton Street (80' R.O.W.) and Taylor Street (60' R.O.W.), and being more particularly described as follows: BEGlNNING at the intersection of the northerly line of said W. Weatherford Street with the westerly line of said Throckmorton Street, at the southeasterly corner of LOT 4, BLOCK 17, ORIGINAL TOWN OF FORT WORTH from which a tack in lead plug bears S89 °00'S7"E — 5.83 feet; THENCE S30°00'00"E along the westerly line of said Throckmorton Street, a distance of 80.00 feet to the northeasterly corner of aforementioned BLOCK 18R and the TRACT 5, PARCEL A, described to PNL FORT WORTH, L.P. by Special Warranty Deed recorded under instrument No. D201322277, Real Property Records, Tarrant County, Texas, from which a tack in lead plug bears N14°36'06"E — 7.12 feet; THENCE S60°Od'00"W along the northerly line of said BLOCK 18R, common with the southerly line of W. Weatherford Street, a distance of 200.00 feet to the northwesterly corner of said BLOCK 18R and TRACT 5, PARCEL A, in the easterly line of aforementioned Taylor Street, from which a tack in lead plug bears N74°36'06"W — 7.12 feet; THENCE N30°00'00"W along the easterly line of said Taylor Street, a distance of 80.00 feet to the southwesterly corner of aforementioned BLOCK 17; THENCE N60°00'00"E along the southerly line of said BLOCK 17, common with the north line of said W. Weatherford Street, a distance of 200.00 feet to the PO/NT OF BEGINN1111G and containing 16,000 square feet or 0.3673 acres of land, more or less. • Bearings 2re based upon the Plat of Blocks 6R, 18R, an 2oR, Fort Worth Original Town Addition� orded in Volume 388-110, Page 97: Plat Records, Tarrant Cou ty, Texas. � r r o ' �� � ��i ° � ��.n i ' JO!iN_ R. PIBI�RN� JR l '. ,0 3689 1,: � JUNE 1, 2006 '��;�'PESSIp��'�� SHT. 1 of 2 � �3U1�v R.O. W. ABANDONMENT W. Weafherford Street �� ADJACENT TO BLOCK 18R 16,000 sy. ft. / 0.3673 ac. SCALE: 7" = 50' FORT WORTH TARRANT CO., TEXAS THROCKMORTON STREET 80' R.O. W. '9 R� 8,9� S89'00'57"E - 5.83'� S 3�'��'��" E O F G' fo tock in Jead lu � N14'36'O6"E - 7.72' Bj�\/y .r . P 9 Q o0. oo Q� to tack in lead plug U LOT 1 TRACT 1 �Y GARAGE. L.P. d V/arronfy Deed :n f �f' 0205178208 A�� 321 W. 8 PROPERTY BLOC ._ _ _.. ---__ _ _. ORIGINAL TC FORT WC �or z F q�� P. 0. B: os ��'�89 LOT 4 � 7RACT 4 TANDY GARAGE, L.P. �� Limited Warronfy Deed lnstrument j/ 0205178208 ;S: 'NAP ST. �NED: "H" 17 TRACT J WN OF TANDY CARAGE, l.P. !. W. D. 'TH ��_�. � 0.o5�»oe LOT 3 7RACT 2 TANDY GAR�IGE, LP. Limited Wo�ronty Oeed Insirument �y D205178208 Beurings ore Gosed upan the Plat o/ Blocks 6R, iBR, and 20R, Forf Worfh Original iown Addiiion, as recorded in Valume 388-770, Page 97, Plot Records, Torrant County, 7exos. Projecf No. OS122_ABAND JUNE 1, 2006 SHT. 2 0( 2 0 0 0 0 N 0 0 O � O �D z i � D � _0.v� �-- -.i O h � ai.i�o L , `�4 U cN Um� 00 �� awc¢i3� � ^ U } � v Q �o� r az=� � �� � J u� N 30'00'00" W 8�. ��� O 0 0 O N Address: 100 7HROCKMORTON S7. PROPERTY ZONED: '"H" BLOCK 18R FORT WORTH ORIGINAI TOWN ADDITION Vol. 388-110, Pg. 97 0 0 O rRncr s O �s�RCF.L A O PNL FORT'`iYORTH, L.P. � Specio! Wana rRy Deed � Insfrumenf � D2013RZ�i �N7a'36'06"sY — 7.72' to tock in lead plug TAYLOR STREET 60' R. O. W. fl��l��w� ������ �i� �������� �Y, ���U���, ���. .a,_.� PIBURI�I � PARTNERS, LLG 3445 Highlond Rd. — Suife 205 Dollas, Texos 75228 ph: (214) 328-3500 fax: (21 �) 328-3512 emoil6�-n etrosurveyo�.com R.O. W. ABANDONMEl1lT W. 3rd Street A�JACENT TO BLOCK 18R 1,600 sq. ft. /0.0367ac. FORT WORTH TARRANT CO., TEXAS BEING a 1,600 square feet tract of land situated in the M. Baugh Survey, Abstract No. 106, Tarrant County, Texas and being part of W. 3rd Street (60' R.O.W.) adjacent to BLOCK 18R, FORT WORTH ORIGINAL TOWN ADDITION, an addition to the City of Fort Worth according to the plat thereof recorded in Volume 388-110, Page 97, Plat Records, Tarrant County, Texas, between Throckmorton Street (80' R.O.W.) and Taylor Street (60' R.O.W.), and being more particularly described as follows: BEGINNING at the southeast corner of said BLOCK 18R and TRACT 5, PARCEL A, described to PNL FORT WORTH, L.P. by Special Warranty Deed recorded under instrument No. D201322277, Real Property Records, Tarrant County, Texas, at the intersection of the northerly line of said W. 3rd Street with the westerly line of said Throckmorton Street, from which a tack in lead plug bears 575°24'14"E —7.d2 feet; THENCE S30°00'00"E along the westerly line of said Throckmorton Street, a distance of 8.00 feet; THENCE S60°00'00"W a distance of 200.00 feet to the easterly line of aiorementioned Taylor Street; THENCE N30°00'00"W along the said easterly line of Taylor Street, a distance of 8.00 feet to the southwesterly corner of aforementioned BLOCK 18R and TRACT 5, PARCEL A, from which a tack in lead plug bears S15�4'14"W — 7.02 feet; THENCE N60°00'00"E along the southerly line of said BLOCK 18R and TRACT 5, PARCEL A, common with the northerly line of W. 3rd Street, a distance of 200.00 ieet to the POINT OF BEGINNING and containing 1,600 square feet or 0.0367 acres of land, more or less. • Bearinc�s are based upon the PIa1 of Blocks 6R, 18R, and 20R, Fort Worth Original Town Addition, as recorded in Volume 388-110, Page 97, Plai Records, Tarrant County, Texas. JUNE 1, 2006 SHT. 1 of 2 R. D. W. ABANDONMENT W. 3rd Street �� ADJACENT 70 BLOCK 18R 1, 600 sq. ft. / 0. 036 7 oc. scnie: i- = so• FORT WORTH TARRANT CO., TEXAS THR�CKMORTON STREET 80' R. 0. W. S75'24'14"E - 7.02' to tack in lead plug � � i TRACT 5 PARCEL A PNL FORT WORTH, L.P. Speciol Worronty Deed Instrument p�/ 0207322277 BLOCK 18R FORT WORTH ORICINAL TOWN ADDITION Vol. 388-110, Pg. 97 Address: 300 iHROCKMORTON 5T. PROPERiY ZONED: 'H" TAYLOR STREE7 60" R.O. W. Bearings are based �pon fhe F)ot o/ Blocks 6R, 18R, ond 20R, For( Worth Origfnal 7own Addi6on, as recorded in Volumz J88-770, Poge 97, Plal Reco�tls, Tarronf Coun�y, Texos. Pr o� c I /Ja. OS }«_ A BA NO JUNE 1, 2006 SHT. 20/2 O O 0 0 N i w 0 0 0 0 0 � Z O O 0 0 N i � 0 0 0 0 0 �o (n S 30'00'DO" E 8.�0� S15"24'14"w - �.oz'� v� 30'00'00" W , lo tack in lead plug 8, 00 PIBURN � PARTNERS, LLC 3445 Highlond Rd. — Suife 205 �orros, rexas �5zz8 ph: (214) 328-3500 fax: (214) 328-3512 emoii6�Ynetrosurve yor.com EXHIBIT "C" Legal Description of Property Covered b�plat Lots 1, 2, and 3, Block 18R, Fort Worth Original Town, a Replat of Lots 3 and 4, Block 17, Fort Worth Original Town Addition and Block 18R, F rt Worth Original Town Addition, according to replat thereof recorded as .I�es�en�Fe in the Real Property Records of Tarrant County, Texas. S�i _�. It5�� EXHIBIT "C" - Legal Description of Property covered by Replat — Cover Page Dallas 1\4394864\12 44062-1 10/5/2006 i�����i�W� ��SM�bs� �j� ���'����� �, ���u���, ���3. City of Fort Worih, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/31/2006 DATE: Tuesday, October 31, 2006 LOG NAME: 12PNLTANDY REFERENCE NO.: *'�C-21805 SUBJECT: Authorization to Enter into Agreement with PNL Fort Worth, L.P. to Outline Ownership and Responsibilities for Streets Adjacent to City Place (Formerly Known as the Tandy Center) Located at 100 Throckmorton Street RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an agreement with PNL Fort Worth, L.P. to outline ownership and responsibilities for the improvements and streets adjacent to the City Place (formerly known as the Tandy Center) located at 100 Throckmorton. DISCUSSION: On December 6, 1979, the City conveyed a portion of Taylor Street to the owners of the Former Tandy Towers, subject to a reservation of an easement to the surface for the use, operation, maintenance, repair and reconstruction of a public street and a reservation to repair, maintain and reconstruct public utilities which were included within the plans for the improvements constructed therein. In addition, in the 80's the City entered into a Consent Agreement with the prior owners for improvements below and above the surface of Taylor Street, Throckmorton Street, Weatherford Street and Third Street. In 2003, the city renewed the Consent Agreement with PNL Fort Worth, L.P. as part of PNL's planned Development (C-19521). In November 2005, the City Council authorized an Economic Development Program Agreement with PNL for the redevelopment of the South Tower and Outlet Mall of the former Tandy Center (G21133). The proposed agreement will supersede the Consent Agreement executed in 2003. The terms of the agreement are as follows: * PNL shall grant City a perpetual easement for the use, operation, maintenance, repair and construction of public streets, sidewalks and related street lights, as well as water, sewer and drainage improvements; * City will have maintenance responsibilities for City improvements and PNL will have maintenance responsibilities for its improvements. A copy of the plat is attached. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. Logname: 12PNLTANDY Page 1 of 2 TO Fund/Account/Centers Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: Logname: 12PNLTANDY FROM Fund/Account/Centers Karen Montgomery (6222) David Yett (7623) David Yett (7623) Page 2 of 2 Message Vaky, Peter From: Katz, Allan [akatz@winstead.com] Sent: Wednesday, October 04, 2006 2:02 PM To: Allivand, Pirouz Cc: �Iliams, Kirk; dporter@pnlcompanies.com; Garcia, Cynthia B.; Vaky, Peter Subject: RE: City Place Plat Comments Page 1 of 4 Pirouz, thanks for your prompt response on this. I think I can shed a little light on the two remaining comments. As to the CFAs, as relayed to us by Pat Flusche and Peter Vaky, the plat needs to contain the standard plat note regarding CFAs (which it now does), but CFAs do not need to be entered into for the plat to be finalized. CFAs are a condition of building permits. I'm copying Peter Vaky on this email to confirm that I have the corrrect understanding. As Cynthia Garcia and I have discussed, we have added the detail regarding the Street Easements in the Plat Notes at the bottom of sheet 2. Those notes, together with the dimensions on sheet 1, contain all of the information regarding length, width, height and depth of the street easements. I'm copying Cynthia Garcia on this email to confirm this. � -----Original Message----- From: Allivand, Pirouz [mailto:Pirouz.Allivand@fortworthgov.org] Sent: Wednesday, October 04, 2006 1:56 PM To: Katz, Allan Subject: RE: City Place Plat Comments Alan, I cleared all TPW comments except for CFA and a new comment: 0505 - Special Needs Note -{Description of street easements (Height, width, depth) must be on plat} For CFA I still have to wait to hear from Peter Thanks Pirouz From: Katz, Allan [mailto:akatz@winstead.com] Sent: Tuesday, October 03, 2006 5:22 PM To: Allivand, Pirouz Cc: Williams, Kirk; dporter@pnlcompanies.com Subject: City Place Plat Comments Importance: High Pirouz, attached is the plat comment status sent to us by David Stallworth in the Development Department. For your information, I'll describe below my understanding of how each of the TPW comments was addressed. 1. Per my discussion with Peter Vaky (Assistant City Attorney) who met with David Porter (PNL representative) and Pat Flusche, the CFAs do not need to be executed as a condition of the plat. However, the standard plat note regarding CFAs is required. This note is on the revised plat which is attached. 12/7/2006 Message Page 2 of 4 2. Second Street is not being dedicated as part of this plat. The dedication of Second sSreet is part of a separate agreement with the Fort Worth Economic Development Department, which agreement governs when and if Second Street will be dedicated. 3. Per discussion with the Water Department and Bill Baird, no utility extensions are needed for the project at this time (it is a fully developed site; this is a redevelopment). 4. Aerial rights. There is a separate Abandonment proceeding (VA-06-25 through 28) which has been approved by the Plan Commission. The Plat (and a related Agreement that has been submitted to Cynthia Garcia in the City Attorney's Office for final review) are necessary for the Abandonment to go to City Council. The Abandonment abandons the streets surrounding the former Tandy Center, and the Plat (and related agreement) convey back to the City Street Easements for the surface use for street and utility purposes. This is to confirm PNL's ownership of the subsurface and above-street improvements that are part of the project. 5. Per discussion between David Porter and Pat Flusche, no drainage study will be required. This is an existing developed property for which drainage improvements are not anticipated. 6. Note has been added regarding flood plain. 7. Sidewalks - standard plat note has been added. 8. Street dimensions. Let me know if you still see any missing dimensions. Please feel free to contact me with any questions. Thanks for your assistance. Allan Katz WINSTEAD 5400 Renaissance Tower 1201 Elm Street Dallas, TX 75270 D'u•ect: 214.745.5154 Fax: 214.745.5390 www.winstead.com akatz@winstead.com -----Original Message----- From: Williams, Kirk Sent: Tuesday, October 03, 2006 3:34 PM To: Katz, Allan Subject: FW: Corporate eFax from "CITY OF FORT WORTH" - 4 page(s) Importance: High 12/7/2006 Message FYI Kirk R. Williams WINST'E �D 5400 Renaissance To�ver 1201 Elm Street Dallas, Tesas 75270-2199 (214) 745-5746 - Phone (214) 745-5390 - Fas k�villiams n�,�vinstead.com -----Original Message----- From: Dallas Fax Sent: Tuesday, October 03, 2006 3:25 PM To: Williams, Kirk; Grimes, Paget Subject: FW: Corporate eFax from "CITY OF FORT WORTH" - 4 page(s) Importance: High ��'efaacC�rporate Fax Message You have received a 4 page fax at 2006-10-03 20:22:01 GMT. * The reference number for this fax is dall did3-1159906825- 2148535882-19. Please visit https•//www efaxcorporate com/corp/twa/oaae/customerSupport if you have any questions regarding this message or your service. You may also e-mail our corporate support department at corooratesupport@mail.efax.com. Thank you for using the eFax Corporate service! 12/7/2006 Page 3 of 4 NSTDMERSERVICE � LDGIN Message Page 4 of 4 ; ���F�x�orporat� Your questi�n� + ou� answers batk in busin�ss ' C[Eck MEREforh�lp 2J 2005 j2 Global C:omrnunications, Inc, All F,ighr.s Re$erved, IRS Circular 230 Required Notice--IRS regulations require that we inform you as follows: Any U.S. federal tax advice contained in this communication (including any attachments) is not intended to be used and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or tax-related matter[s]. Information contained in this transmission is attorney privileged and confidential. It is intended for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone. IZi�i2oo6 ���l�lw� ������ �l�' ��������' �, �''�����', ���, TARRANT COUNT`�' COURTHOUSE 100 W. WEATHERFORD FORT WORTH, TX 76196 (817) 884-1195 Customer: JAMES F MILLER Page 1 of 1 Receipt #: 548618 Department: OPR Instrument # D206392347 D206392348 Payments: � Description PLAT,ADDITIONAL MYLA PLAT A A , .. THANK YOU SUZANNE HENDERSON COUNTY CLERK Date: 12/13/2006 01:28 PM Work Station: CCTCO29034 Pages Quantity 1 1 27 1 21 1 Total CC AUTH 4724 Total Payments: Amount �1.50 $113.00 $96.00 $2� $210.50 $210.50 AGREEMENT This AGREEMENT ("A�reement") is entered into as of �� , 2006, ("Effective Date") by and between PNL FORT WORTH, L.P., a Delaware limited partnership, ("PNL"), TANDY GARAGE, L.P., a Delaware ]imited partnership ("TG"; PNL and TG are ir�d�vidually and collectively referred to in this Agreement as "Owner") and the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas ("Citv"). �.�, . � RECITALS: i�_� - --' � �' The following provisions are the basis for this Agreement: i �_. �: . . = ; A. Owner is the owner of the real property described on Exhibit A attached hereto (:'Citv Place Propertv"). B. Pursuant to a deed recorded on December 6, 1979, in Volurne 6373, Page 686 of the Real Property Records of Tarrant County, Texas ("Real Property Records"), the City conveyed a portion af Taylor Street to Owner's predecessor, subject to a reservation of an easement to the surface for the use, operation, maintenance, repair and reconstruction of a public street and a reservation to repair, maintain and reconstruct public utilities which were included within the plans for the improvements constructed therein ("Exchan�e Deed"). On October 1, 1977, Owner's predecessor entered into a L,ease Agreement with the City for approximately 1,530 square feet of subterranean space contained within the property conveyed to Owner's predecessor by the Exchange Deed ("Library Lease"). 'The Library Lease expired by its terms on October 20, 2002, and Owner has constructed a CMU wall to separate this space from the Iibrary. C. Improvements exist below and above the surface of Taylor Street, Throckmortan Street, Weatherford Street and Third Street that have been and are contemplated to continue to be used and may be altered and improved as part of the developments on the City Place Property (such below-surface improvements are referred to sometimes in this Agreement as "Subtenanean Space"). D. Radioshack Corporation conveyed the City Place Property, together with other property, to PNL by Special Warranty Deed recorded on December 31, 2001, in Volume 15363, Page 237 of the Real Property Records, which conveyance included all of Radioshack's right, title and interest to the adjacent streets and improvements located above and below the streets. E. By instrument recorded in the Real Property Records on September 17, 1979, in Volume 6807, Page 1677, Owner's predecessor granted to Bass Brothers Development Co. an easement to build, maintain and operate a skywalk over Throckmorton Street connecting the project on the City Place Property to the hotel located across Throckmorton Street, to allow for access between the hotel and the development on the City Place Property ("Hotel Sk�"). F. To confirm fee simple ownership by each respective Owner and to convey fee simple ownership to the applicable Owner to the extent any portions thereof are owned by the City, by Ordinance No. • (the "Ordinance"), the City has abandoned ✓ ����Q� y�� f'721e�-I�- 2�0� AGREEMENT - Page 1 � � Z��- f I' 2-`� �� I 1 Z-�`r-ll - Zc"o �v , I���U�l1 �2co�? � and quitclaimed to the respective Owner ("Abandonment") all of its right, title and interest to certain portions of Weatherford Street, Taylor Street, Throckmorton Street and Third Street adjacent to certain portions of the City Place Property and any improvements located therein, the legal description of which is attached hereto as Exhibit B("Abandoned Property"), which Abandonment was effective upon recording of the Replat. G. The County of Tarrant, Texas (the "Countv") and the City own the parcels of property on the west side of Taylor Street adjacent to the Taylor Street portion of the Abandoned Property. By Quitclaim Deed recorded as Document No. D206284991 in the Real Property Records, the County has quitclaimed to PNL any interest it may have to the Abandoned Property. H. , Owner's predecessor in ownership of the City Place Property also owned the property on #he east side of Throckmorton Street adjacent to the Throckmorton Street portion of �he Abandoned Property. Owner's predecessor conveyed such property to 200 Houston Street Associates Joint Venture by Special Warranty Deed recorded on September 14, 1979 in Volume 6807; Page 1651 of the Real Property Records (as such deed was subsequently corrected), in which Special Warranty Deed Owner's predecessor reserved all existing and future right, title, and interest in all of Throckmorton Street adjacent to the property so conveyed. L Owner has replatted the City Place Property into three lots pursuant to that certain Final Plat, Lots 1, 2, and 3, Block 1 SR, Fort Worth Original Town, a Replat of Lots 3 and 4, Block 17, Fort Worth Original Town Addition and Block 18R Fort Worth Original Town Addition, recorded as n o. �`��h,���+� /� �,�%��)�� /Jj�"� the Real Property Records, which Lots 1, 2 and 3 include the Abandoned Property ("Replat"), the legal description of which property covered by the Replat is set forth on Exhibit C attached hereto. As part of the Replat, and in conjunction with the Abandonment, Owner granted an easement to the City for the use, operation, maintenance, repair and reconstruction of public streets over Weatherford Street, Taylor Street, Throckmorton Street and Third Street, in the areas which are shown as "Street Easements" on the Replat, and which areas are further defined in this Agreement ("Street Easements"). Such Street Easements also include the right for the City and applicable utility companies to use the Street Easement areas for the installation, use, operation, repair, maintenance, and replacement of utilities, including drainage systerns. J. Pursuant to an Econonnic Development Agreement between Owner and the City, under the circumstances and at the time set forth therein, Owner shall convey a street easement to the City for the reopening of Second Street through the City Place Property, which street easement shall be at least 50 feet in width (including sidewalks) and with a depth consistent with the terms set forth for the Street Easements, a height reasonably necessary for the contemplated use of the Street Easement taking into consideration the contemplated height of the City Place Skywalk which the parties currently intend to be at least 16 feet above the street surface and generally consistent with the other terms and provisions of the Street Easements; provided, however, that the parties acknowledge that though the terms of the Street Easement set forth in Section 1.3 of this Agreement will set a general standard for the proposed street easement for Second Street, the particulars of the Second Street easement, including the height of the street clearance, may differ somewhat. Owner plans to construct a skywalk within the City Place AGREEMENT — Page 2 Property above such street easement for Second Street ("City Place Skvwalk"). The City Place Skywalk and the Hotel Skywalk are collectively refened to herein as the "SkYwalks." K. Existing private and public utilities serving the City Place Property are located in the former subway tunnel below Taylor Street, extending generally in a northerly direction from the intersection of Taylor Street and Weatherford Street, portions of which are located outside of the Abandoned Property ("Subwav Tunnel") and future utilities serving the City Place Property are contemplated to be located in the Subway Tunnel; and the City, to the extent it may be the owner of such property, desires to grant to Owner an easement for utility purposes over the Subway Tunnel. Use rights with respect to portions of this Subway Tunnel were granted to Owner's predecessor by instruments recorded in Volume 4509, Page 681, Volume 4657, Page 607, Volume 4694, Page 274, and Volume 4702, Page 865 of the Real Property Records. Such existing private utility facilities include two private sewer lines serving the City Place Property, a portion of which is described in that certain Sanitary Sewer Easement granted by Kan Am Riverfront Campus, LP, a Delaware limited partnership to Owner, recorded as Document No. D206193016 of the Real Property Records, which private sanitary sewer line Owner acknowledges is its duty to maintain. L. PNL and the City entered into a Consent Agreement recorded on August 7, 2003, as Dacument No. D203288556 in the Real Property Records ("Consent Agreement"), which Consent Agreement is hereby superseded by the terms of this Agreement, the Replat and the Ordinance with respect to the portion of the Abandoned Property not contained within the Street Easements. AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements contained in this Agreement, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged by the parties hereto, the parties hereto hereby agree as follows: ARTICLE I. TERMS 1.1. Recitals. The above Recitals are hereby incorporated into the body of this Agreement by this reference. 1.2. Scope of Abandonment. The parties hereby agree that to the extent that any wall is located on or immediately adjacent to the boundary of the lega] description of the Abandoned Property, the abandonment is intended to include the entirety of such wall. 1.3. Scope of Street Easement. Pursuant to the Replat, Owner has granted a perpetual easement to the City for the use, operation, maintenance, repair and reconstruction of public streets, sidewalks and related street lights, street signs and traffic control devices over the portions of Weatherford Street, Taylor Street, Throckmorton Street and Third Street shown as "Street Easements" on the Replat, and the City hereby accepts such grant and agrees to be responsible for the maintenance thereof (except that the City is not responsible for the AGREEMENT — Page 3 maintenance of any non-standard sidewalks installed by or at the request of Owner), subject to Owner's right to operate, maintain, repair and replace the existing columns supporting the Hotel Skywalk, the existing columns supporting the improvements located above Weatherford Street and other private improvernents within the Street Easements. The Street Easement areas may also be used by the City and applicable utility companies for the installation, use, operation, repair, maintenance, and replacement of utilities, including drainage facilities, which expressly includes all existing public water, sewer and drainage facilities located within the Street Easements. The Street Easements shall extend below the surface of the street to the extent necessary to include the existing street surface and street protection slab, to the top of, but shall not include, any waterproofing membrane. The Subterranean Space shall not be included within the Street Easements, except that such Street Easement shall include any existing components (and their replacements) of any street lights, street signs, traffic control devices, water facilities and sewer facilities ("Subterranean City Improvements") which extend below such level, and shall extend upwards to an elevation of sixteen feet above the existing crown of the street surface. However, in the event that the City desires to relocate any such Subterranean City Improvements or add new Subterranean City Improvements within the Abandoned Property, Owner shall reasonably cooperate with the City to accommodate such Subterranean City Improvements in a manner that does not materially interfere with Owner's use of the Subterranean Space, and any such relocated or added Subterranean City Improvements shall become part of the Street Easements (the parties acknowledge that any such expansion of the area of the Street Easements to include additional Subterranean City Improvements shall not require any compensation to Owner for such easement rights, however, all costs associated with the construction of such Subterranean City Improvements shall be at the City's sole cost and expense). The City and applicable utility coznpanies utilizing the Street Easement shall have the right to access the Street Easement areas through the Abandoned Property to the extent necessary provided that such access does not materially interfere with Owner's use of the Abandoned Property; provided, however, that the City and applicable utility companies shall have immediate right of access through the Abandoned Property in the event of an emergency requiring immediate access to the Street Easement areas for the purposes hereof. 1.4. Reservation of Easement for Utilitv Purposes. The Abandonment includes a reservation of a perpetual, nonexclusive easement by the City on behalf of itself and applicable utility companies for the use, operation, repair, maintenance, and replacement of existing utilities, including drainage improvements, located in the Abandoned Property ("Utilitv Reservation"). The City and applicable utility companies utilizing the Utility Reservation shall have the right to access such utilities through the Abandoned Property to the extent necessary provided that such access does not materially interfere with Owner's use of the Abandoned Property; provided, however, that the City and applicable utility companies shall have immediate right . of access through the Abandoned Property in the event of an emergency requiring immediate access to the Utility Reservation areas for the purposes hereof. Such reservation does not restrict Owner's rights to develop and use the remainder of the Abandoned Property for any purposes not inconsistent with the foregoing and neither the City nor any utility company shall have the right to alter or remove any improvements within the Abandoned Property other than its utility facilities. 1.5. Improvements above and below Street Easements. Other than the Skywalk, the improvements above the Weatherford Street portion of the Street Easement and any other AGREEMENT — Page 4 existing improvements, Owner will not construct, alter, or maintain any improvements above the Street Easement without the prior wrilten consent of the City. Provided that Owner complies with all applicable legal requirements, including any necessary permitting, and except as otherwise expressly provided herein, Owner shall have the right to alter existing improvements and construct new improvements within the Abandoned Property. In the event that Owner's use, construction or maintenance of improvements within the Abandoned Property damages the City's improvements within the Street Easement or the utilities covered by the Utility Reservation, Owner will restore such damage promptly at Owner's sole cost and expense. 1.6. Subway Tunnel. The City, to the extent of its right, title and interest therein, if any, hereby grants to Owner a perpetual, nonexclusive easement for the construction, use, operation, repair, maintenance and replacement of existing and future utilities within the Subway Tunnel and for access thereto, such easement to include the right of Owner to grant utility easements therein to third parties, including any such utility easements previously granted by Owner. 1.7. Insurance. Owner agrees to carry Commercial General Liability Insurance, in the amount of not less than One Million Dollars ($1,000,000) general aggregate, with Bodily Injury Limits of not less than One Million Dollars ($1,000,000) per occurrence, protecting against all claims, demands or actions arising out of or in connection with Owner's use of the Abandoned Property or any of Owner's utility facilities within the Subway Tunnel. 1.8. INDEMNIFICATION. OWNER AGREES TO DEFEND, PROTECT, INDEMNIFY AND I30LD HARMLESS THE CITY AND ITS EMPLOYEES AND AGENTS FROM AND AGAINST ALL CLAIMS OR DEMANDS, INCLUDING ANY ACTION OR PROCEEBING BROUGI3T TI�EREON, AND ALL COSTS, LOSSES, EXPENSES AND LIABILITIES OF ANY KIND RELATING THERETO, INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS OF SUIT, ARISING OUT OF OR RESULTING FROM THE NEGLIGENCE OF OWNER OR ITS EMPLOYEES, AGENTS OR CONTRACTORS IN THE CONSTRUCTION, USE, OPERATION, REPAIR, MAINTENANCE OR REPLACEMENT OF (A) THE ABANDONED PROPERTY OR (B) ANY OF OWNER'S UTILITY FACILITIES WITHIN THE SUBWAY TUNNEL. ARTICLE II. MISCELLANEOUS 2.1. Relationship. Nothing contained in this Agreement shal] be deemed or construed, either by the parties hereto or by any third party, to create the relationship of principal a.nd agent or to create any partnership, joint venture or other association between the parties. 2.2. Bindin� Effect. This Agreement shall run with the Iand and be binding upon, and shall inure to the benefit of the parties to this Agreement and their respective successors and assigns. In the event that a condominium association is the successor in interest to any portion of the City Place Property, the obligations of Owner and the authority for actions a.nd approvals by AGREEMENT — Page 5 u�. >: �.:_� t- � r�;:_: l'-, � � .. `1-• �. . Owner contemplated by this Agreement, including amendments, with respect to such property shall be vested in the owners' association of such condominium regime. 2.3. Notices. All notices, demands, requests and other communications required or permitted hereunder shall be in writing, and shall be deemed to be delivered when actually received, or, if earlier and regardless of whether actually received, upon deposit in a regularly maintained receptacle for the United States mail, registered or certified, postage fully prepaid, addressed to the addressee at its address set forth below or at such other address as such party may have specified theretofore by notice delivered in accordance with this Section and actually received by the addressee: N c� � � ca— M v ,�� �-. If to the City: If to Owner: With a copy to: City of Fort Worth 1000 T'hrockmorton Fort Worth, Texas 76102 Attn: City Manager PNL Fort Worth, L.P. and Tandy Garage, L.P. 2100 Ross Avenue Suite 2900 Dallas, Texas 75201 Attn: David M. Porter Winstead Sechrest & Minick P.C. 5400 Renaissance Tower 1201 Elm Street Dallas, Texas 75274 Attention: Allan S. Katz 2.4. Fair Interpretation. This Agreement has been scrutinized by the parties and it shall be given fair and reasonable interpretation in accordance with the words contained in it without any weight being given to whether a provision was drafted by one party or its counsel. Whenever a provision of this Agreement uses the words "include," "including" or words of similar meaning, the words shall not be construed so as to be limifing but shall be treated as illustrative. Section headings are for convenience only and shall not be a part of this Agreement or considered in its interpretation. 2.5. Governin� Law; Venue. This Agreement shall be governed and construed in accordance with the laws of the State of Texas. The parties agee that Tarrant County is proper venue for any action or proceeding brought by any party relating to the subject matter of this Agreement, whether in contract, tort, or otherwise. 2.6. Severabilitv. In case of any one or more of the provisions of this Agreement or any application of this Agreement shall be invalid, illegal or unenforceable in any respect, the validity, legality or enforceability of the remaining provisions of this Agreement and any other application of such provisions shall in no way be affected or impaired. AGREEMENT — Page 6 2.7. Amendments. This Agreement may be amended, from time to time, only with the written consent of the parties and such amendment shall be effective upon recording in the Real Property Records. 2.8. Authoritv. Each party hereto represents and warrants to the other party that all approvals (including governmental approvals) necessary for such party to enter into this Agreement and for this Agreement to be enforceable against such party have been obtained, that each party has all necessary power and authority to enter into this Agreement and to carry out its obligations described herein, that the person executing this Agreement on behalf of such party has been authorized by all necessary action to execute and deliver this Agreement on behalf of such party, and that the execution and delivery of this Agreement and the performance of the obligations described herein will not violate or constitute an event of default under any other agreement to which such party is a party or to which its property is bound. 2.9. No Termination. It is expressly agreed that no breach of this Agreement shall entitle any party to cancel, rescind, or otherwise terminate this Agreement. 2.10. No Third-Party Beneficiaries. Except as herein specifically provided, no right, privileges or immunities of any party hereto shall inure to the benefit of any third party person, nor shall any third party person be deemed to be a beneficiary of any of the provisions contained herein. EXHIBIT LIST: E�chibit A— Legal Description of City Place Property Exhibit B— Legal Description of Abandoned Property Exhibit C- Legal Description of Property covered by Replat [The remainder of this page is intentionally left blank] AGREEMENT — Page 7 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. PNL: PNL FORT WORTH, L.P., a Delaware limited partnership By: PNL FW GP, L.L.C., a Delaware limited liability company, sole general partner B / �����\ Y• �, i,'��ti� ,�/`i =---�-Manager THE STATE OF TEXAS § � § COUNTY OF � � � - U.%s�� § Thi,�instru�n t l,avas acknowledged before me on the �k��-` day of ;' ?, '� �.-, ��' , 2006, by j�j�-� i��CY-{--�,�'; Manager of PNL FW GP, L.L.C., a Delaware limited liability company, sole general partner of PNL FORT WORTH, L.P., a Delaware limited partnership, on behalf of said limited liability company and limited �.rtnership. __ �j r � �t� ,v��R- `' , -,-�-.vw—t Notary Public - State of Te as My Commission Expires: _ p � 9 ^1 L . ..� - J _ � -, �., �`�Y (Printed Name of Notary Public) �M`��CpNNOR �� � ANNETTE �i • yatar}P �� ��� � � '� STATE 0� �4�E OF�p� f�iy G�t�+r • EuP • 0� / 90/� AGREEMENT — Signature Page TG: TANDY GARAGE, L.P., a Delaware limited partnership By: PNL Garage, LLC a Delaware limited liability company, its General Partner By: �� �� , ; ��-�,' j� ;-!' � �,� , Manager THE STATE OF TEXAS § § COUNTY OF ' ^ ' �� § ih Thi�� instrument.--vvas acknowledged before me on the � day of �� j? ,���,��,z , 2006, by ._l� �:�;�' 7(,� �(�-yy-�f�,; Manager of PNL Garage, LLC., a Delaware limited liability company, the General Partner of TANDY GARAGE, L.P., a Delaware limited partnership, on behalf of said lirnited liability company and limited partnership. J1, ti V�-�. � �. � ��u�-'��-�1 Notary Public - State of Texa My Comm' sion Expire : - Ib�v� ��r--� �. �ti`�� (Printed Name of Notary Public) ---��...-...-,�_. ,,,,, ���xrau� �NNETTE J. CONf�OR * � * P��a4ar$v ��sbl(c �TATE �F i`��AS �4���P� RAy COti�li. Exp. 0'6/�0/2�10$ AGREEMENT — Signature Page ATTEST: CITY: CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas Name Printed: J City Secretary By: �� Name: � � � � � P. j�S5jST1�N! City Manager APPROVED AS TO FORM AND LEGALITY,�.% � �;,}R�{-�ity Attorney STATE OF TEXAS COUNTY OF TARRANT APPROVED BY CITY COUNCIL: �� L C'-21 �US �,�r��c� /Dl �vL Date _� The foregoing instrument was acknowledged befo e me on this ��ti�—day of 2006, by �(� 1�= ►= ( SS L�` �,��t�ysMr���er of the City of Fort Worth, a municipal corporation of Tarrant County, Texas, on behalf of sai municipality. i � / ` � t� i �-�-�'�'�' "r Nota Public, State of Texas �s�a�P�e�¢ MARIA S. SAN�HE� *�NOTARY PUBLIC My ommission expires: � l`�1 i� R ���r �r9n�c' H� Z- STATE OF TEXAS printed Name of Nota Public N�9rF oF ��+cy My COm�ll. EXp.12-14-2D09 � ry � AGREEMENT — Signature Page EXHIBIT "A" Le�al Description of City Place Propertv Lots 3 and 4 of Block 17, Original Town of Fort Worth, Tarrant County, Texas and Block 18R, Fort Worth Original Town Addition to the City of Fort Worth, Tarrant County, Texas, according to replat recorded in Volume 388-110, Page 97 of the Real Property Records of Tarrant County, Texas. EXHIBIT "A" — L,egal Description of City Place Property — Cover Page EXHIBTT "B" Le�al Description of Abandoned Property EXHIBIT "B" - Legal Description of Abandoned Property — Cover Page R.O. W. ABANDONMENT Taylor Street ADJACENT TO BLOCK 18R 53,400 sq_ ft. / 1.2259 ac. FORT W(JRTH TARRANT CO., TEXAS BEING a 1.2259 acre tract of land situated in the A. Robinson Survey, Abstract No. 1289 and the M. Baugh Survey, Abstract No. 106, Tarrant County, Texas and being part of Taylor 5treet (60' R.O.W.) adjacent to BLOCK 17, ORIGINAL TOWN OF FORT WORTH and BLOCK 18R, FORT WORTH ORIGINAL TOWN ADDITION, an addition to the City of Fort Worth according to the plat thereof recorded in Volume 388-110, Page 97, Plat Records, Tarrant County, Texas, between Belknap Street (80' R.O.W.) and W. 3rd Street (60' R.O.W.), and being more particularly described as follows: BEGINNING at the intersection of the easterly line of said Taylor Street with the centerline of said W. 3rd Street; THENCE S60N0'00"W departing the easterly line of said Taylor Street and along the centerline of said W. 3`d Street, a distance of 30.00 feet to the centerline ot said Taylor Street; THENCE N30°00'00"W along the centerline of said Taylor Street, a distance of 20.00 feet; THENCE S60°00'00"W departing the �enterline of said Taylor Street, a distance of 30.00 feet to the westerly line of said Taylor Street; THENCE N30°00'00"W along the westerly line of said Taylor Street, a distance of 810.00 feet to the centerline of aforementioned W. Weatherford Street; THENCE N60°00'00"E departing the westerly line of said Taylor Street and along the centerline of said W. Weatherford Street, a distance of 30.00 feet to the centerline of said Taylor Street; THENCE N30°00'00"W along the centerline of said Taylor Street, a distance of 140.00 feet; THENCE N60°00'00"E departing the centerline of said Taylor Street, a distance of 30.00 feet to the westerly corner of LOT 3, BLOCK 17; THENCE S30°00'00"E along the easterly line of said Taylor Street, at 180.00 feet passing the northwesterly corner of aforementioned BLOCK 18R from which a tack in lead plug bears N74°36'06"W — 7.12 feet and continuing along the easterly line of said Taylor Street, at 770.00 feet passing the southwesterly corner of said BLOCK 18R from which a tack in lead plug bears 515�4'14"W — 7.02 feet, and continuing another 30.00 feet, in all, a total distance of 970.00 feet to the PO1NT OF BEGINNlNG and containing 53,40 square feet or 1.2259 acres o� more or less. • Bearings are baseci upon the Plat of Blocks 6R, iBR, an 20R, Fort Wo li O' ition, as �rded in Volume 388-110: Pac�e 97, Plat Records, Tarrant Cou ty, T��Cas. 0 . � � �yGl o •, � 1 JOyhl. P.. PIB�:RN� .JR. � � .0 3689 �: � � '��i;�FESSIo���� JUNE 1, 2006 � S�Kv SHT. 1 oi 2 � N � SCALE: t' = 100' Beo�ings ore based upon ihe Pla( of Blocks 6R, iBR, and 20R, Fort Wortb Originol Town AddRion, os recorded in Volume 388-1)0, Poge 97. Plal Records, Torrant Counly, 7exas. L1NE TABLE LINE BEARING DISTANCE Li S 60'00'00" W 30.00 L2 N 30'00'OD' W 20.00 L3 S 60'00'00' W 30.00 L4 N 60'00'00� E 30,DD LS N 60'00'00" E 30.00 PIBURN � PARTI`IERS, LLC 3445 Nighland Rd. — Suite 205 Dallas, Texos 75228 ph: (214) 328-3500 fax: (214) 328-3512 em oilpm etrosurveyo�. com R.O. W. ABANDONMENT Taylor Sfreef ADJACEfVT TO BLOCK 18R 53,400 sq. ft. / 1.2259 oc. FORT WORTH TARRAN T CO., TEXAS � O o � �Oy m 2 A � 0 n Ob=r.� � g o O . � � A � Z Z b � v A= �i i�P , O o pa: y � Z ? A �� �i ---'--� n'<--------- � 'o' p ? �'� O W. 1st Street a� A Z rvcofeE by Ordinmc� un TBB � A ro?jA ----�i`S 2--------� r � ~ � rn ¢ X �~$C� n , � � � `�g �{S' 0 ; � A �z° a if GO~ m � o� ;�v �zoo �' �s: i A n n -� �c ��M �_ 20 �OoO ?H e O� ' Zn e v � W. 2nd ST. on rc ra+r �md n 0 C� o� `o 0 m p m mo 2 ro�m � ? ..b u N y �x N z f 'o L4 �-.� �Sa.'�, u � A A �oF AZ': Pa�.� -��,m �= ga ^aE� �y�O i F � �_� s z o� ; F3F � � j�o S. T 3. `�.�^ 3`a� 4'0 �� i. ,'�vi 34R. + =ao ��` e�i f mnGi 5 P� CEL 9 PMT I— T NDY GARACf, LP. L' ilva Wor�nty Daad i� .�m�ni ,� ososi�ezae W. WEATHEl� 1RD ST. O � aa o z '� o i� �no � ' Xq Opi O �y` s� �g o � a, i � a � _ n �� D V a 2 � � 3 0 � =�: >a `o� �y � o r _ � o� � y �w 4r N p. Z•fnA D� ¢T O A� � oF0 -���i WO�I trlmU N �N � V � . z a d S � I 0 o N � o'a � a a`F 4 � V � O W. isf Street .9�oi.a nr aa��. rva �rae -Vd. 6d53. Pq. ?751 (Eoiemrnls Reloined) 1 — _'_ � ._ _ — _ — _ D TO � � zD ° O'� � �m $ mZOp � �_p� og=� nAY. Q ..A o '� � �°� _� „on _ v Z➢ _ a O � r 3 q ;oan� m� o ''o � r N�.�y�U No� �cp r' h ow5.�. x:�nea �,� ,.;,.'.�,>, R_..,� o..`.,,— — P�o�tr r�a 051�?_ABAND W. 3RD STREET "'�_d� 60' R.O.W. �,� JUNE 7, 2006 P.O.B. SHT. 2 of 2 u O O �i D ��n nQ N � � 0 1D mAH O Q � _ �, •y R.O. W, ABANDONMENT Throckmorton Street ADJACENT TO BLOCK 18R 41,280 sq. ft. / 0.9477 ac. FORT WORTH TARRANT CO., TEXAS BEING a 41,280 square feet tract of land situated in the M, Baugh Survey, Abstract No. 106, Tarrant County, Texas and being part of Throckmorton Street (80' R.O.W.) adjacent to BLOCK 18R, FORT WORTH ORIGINAL TOWN ADDITION, an addition to the City of Fort Worth according to the plat thereof recorded in Volume 388-110, Page 97, Plat Records, Tarrant County, Texas, between W. Weatherford Street (80' R.O.W.) and W. 3rd Street (60' R.O.W.), and being more particulariy described as foliows: BEGlNN1NG at the northeast corner of said BLOCK 18R and TRACT 5, PARCEL A, described to PNL FORT WORTH, L.P. by Special Warranty Deed recorded under instrur�ent No. D201322277, Real Property Records, Tarrant County, Texas, at the intersection of the southerly line of said W. Weatherford Street with the westerly line of said Throckmorton Street, frorn which a tack in lead plug bears N14°36'06"E — 7.12 feet; THENCE N60°00'00"E along the southerly line of said W. Weatherford Street, a distance of 80,00 feet to the northwesterly corner of BLOCK 6R of the aforementioned addition; � THENCE S30°00'00"E along the easterly line of said Throckmorton Street, common with the westerly line of said BLOCK 6R, a distance of 480.00 feet to the southwesterly corner of said BLOCK 6R, in the northerly line of aforementioned W. 2nd Street; THENCE S60°00'00"W along the projected northerly line of said W. 2nd Street, a distance of 70.00 feet; THENCE S30°00'00"E a distance of 288.00 feet; THENCE S60°00'00"W a distance of 10.00 feet to the westerly line of aforementioned W. 3rd Street; THENCE N30°�0'00"W along the westerly line of said Throckmorton Street, at 8.00 feet passing the southeasterly corner of aforementioned BLOCK 18R, from which a tack in lead plug bears S75°24'14"E — 7.02 feet and continuing along the easterly line of said BLOCK 18R and TRACT 5, PARCEL A, common with the westerly line oi Throckmorton Street, in all, a total distance of 768.00 feet to t e POINT OF BEGIN N.�ar�, containing 41,280 square feet or 0.9477 acres of land, more or less. �� 1 • Bearinc�s are based upon the Plat of Blocks 6R, 18R, and 20R, ort Wo ngi ' i , ecor in Volume 388•110, Page 97: Plat Records, Tarrant County, Tex s. ; .• / � � �,c,] o ,y ( .� i JOH:1. � � F:BU�FcN� JR. � '.,0 36e9 �,: �' JUNE 1, 2006 �"9�;�F�'SS10���0 SHT. 1 of 2 � � SUKv � H � SCALE: 1' = f00' Beorinqs are based upon fhe Plat o/ Blocks 6R, 18R, and 20R, For( Wor(h Onginol Town Addi(ion, as recorded in Volume 388-i10, Poge 97, Plat Reco�ds, Torionl County, 7eKos. Projecf Na. 051:2_P.6AN0 JUNE 1, 2006 SNT. 20/2 R. D, W. ABANDONMENT Throckmorton Streef ADJACENT TD BLOCK 18R 41,280 sq. ft. / 0.9477 oc. FORT WORTH 7ARRAlVT CO., TEXAS W. WEATHERFORD ST. NI�'}6YS'f - 7.77� Hl�'J6'O6'W - 7.t7' lo toCl ' laoC pluy 80� R.O.W. �� �aa �, �roa v��y P 0 B N 6o'DD'00' E 8D.00' N 60U0'00' E - 200.00' vo �� 7�0 � go" �° ag" O ' � Q o oO m�FO s�'3 —I - �n SQ� tO o���c ���� z v=�A � �>� � _ y�{ nm� y W. 7st Street .o�a��a ey o-c a« ko. nae `Vd. 6857, Pg. Y151 (Easemcnt� R�lo:��a)� / � ac � �~ m 7�� mZ7�0 Z x e' � a.-i n w iA� o �_� d �g � -ippA o _� � On o V ZZ � r 2b � 3 �' � V so:'z� m '4�> o tin< - --- — — — — — -T — W. 2nd Sfrenm�� / wss i. as° ic�,_."`,. .,� �/ -�------- Ap 2b �x$ gA; oo•, z 8. W. 3RD STREET S 60' R.O.w t w � � d--------- '.'�ao -- p 3e'Ci _; _ O '_F��O � W. )sf Slreet ° oa� 2=� � �wieeerac,�w�c�Nanae N4;�"� S�� m nA 28 aixl I 'oa-�." ���i�y _--___ —_' _ F�=-- v3�wm 0 '^ ➢ »a; o W. 2nd ST. Olf K fORf �pFq bo gu°e Y�� g 'I �s, ,e.•„Y - �_ar L z� a� I la u Y� �aa p�q ���� W o' PIBURI`I� PARTNERS, LLC 3445 Highlond Rd. - Suite 205 Dallas, Texos 75228 ph: (214) 328-3500 (ox: (214) 328-3512 em oil6rn e t�osu r ve yor. com R.D.W. ABANDONMENT W. Weatherford Street ADJACENT TO BLOCK �8R 16, 000 sq. ft. / 0.3673 ac. FORT WORTN TARRANT CO., TEXAS BEING a 16,000 square feet tract of land situated in the A. Robinson Survey, Abstract No. 1289 and the M. Baugh Survey, Abstract No. 106, Tarrant County, Texas and being part of W. Weatherford Street (80' R.O.W.) adjacent to BLOCK 18R, FORT WORTH ORIGiNAL TOWN ADDlTION, an addition to the City of Fort Worth according to the plat thereof recorded in Volume 388-110, Page 97, Plat Records, Tarrant County, Texas, between Throckmorton Street (80' R.O.W.} and Taylor Street (60' R.O.W.), and being more particutarly described as tollows: BEGINNING at the intersection of the northerly line of said W. Weatherford Street with the westerly line of said Throckmorton Street, at the southeasterly corner of LOT 4, BLOCK 17, ORIGINAL TOWN OF FORT WORTH from which a tack in lead plug bears S89 °00'S7"E — 5.83 feet; THENCE S30°00'00"E along the westerly line of said Throckmorton Street, a distance of 80.00 feet to the northeasterly corner of aforementioned BLOCK 18R and the TRACT 5, PARCEL A, described to PNL FORT WORTH, L.P. by Special Warranty Deed recorded � under instrument No. D201322277, Real Property Records, Tarrant County, Texas, from which a tack in lead plug bears N14°36'06"E — 7.12 teet; THENCE S60°00'00"W along the northerly line of said BLOCK 18R, common with the southerly line of W. Weatherford Street, a distance of 200.00 feet to the northwesterly corner of said BLOCK 18R and TRACT 5, PARCEL A, in the easterly line of aforementioned Taylor Street, irom which a tack in lead plug bears N74°36'06"W — 7,12 feet; THENCE N30°00'00"W along the easterly line of said Taylor Street, a distance of 80.00 feet to the southwesterly corner of aforementioned BLOCK 17; THENCE N60°00'00"E along the southerly line of said BLOCK 17, common with the north line of said W. Weatherford Street, a distance of 200.00 feet to the POlNT OF BEGIIVNlNG and containing 16,000 square feet or 0.3673 acres of land, more or less. • Bearings are based upon the Plat of 8locks 6R, 18R: an 2oR, Fort Worth Original Town Addit�a�- orded in Volume 388-110, Page 97, Plat Records, Tarrant Cou ty, Texas. i . , f 0 . � ,S v.�t o •, � i ' JO!iN. R. FIBI�RN� .1R � � �• ,o ?689 : � JUNE 1, 2006 `'9�;�'�ESSIp����� SHT. 1 of 2 � SUKV � R.O. W. ABAIVDONMENT W. Weafherford Streef �� ADJACENT TO BLOCK 18R 16,000 sy, ft. / 0.3673 ac. SCALE 1" = 50' FORT WORTH TARRANT CO., TEXAS LOT 1 TRACT 1 �Y GARAG£, L.P. d Worronty Deed enf �' 0205178208 Ad� 321 W. 8 PROPERTY BLOC ORIGINAL T( FORT WC THROCKMORTON STREET 80� R.O.W. S89'00'S7"E - 5.83' fo tock in leod plug q o ��2e9 LOT 4 17 � � i 7RqCT 4 � TANDY GARAGE, L.P. F� Limited Warranty Deed lnslrument X D205178208 ST. H" rancr a O F iANDY CARAGE. !-P. L. W. D. Insf. / D205i78Z08 � � 0 0 � A � Q o " ' LOT 3 0 � �or 2 � c�i 7RACT 2 � co rc TANDY GARAGE, C.P. Z � Limiled Warronfy Deed Instrument �' D205178208 � m � - OZ mQ 6� N � N � N W Z � 7 y rL W � Z O 0 � � W � w U � O Z H N N �Bearings ore bosed upon the Plat ol Blocks fiR, 78R, ond 20P,, Forf Worth Originol Town AddiGon, as g �ecorded in Volume 388-710, Page 97, Plof Records, cy Torrant Counly, Texos. � m c � Projec( No. 05122_kBA1J0 � JUNE 1, 2006 � SHT. 2 of 2 S ,3������0�� E N1436'06"E - 7.72' SO, oo' Q,� fo fock in leod plug I o D N � �aQ� ai.;wo � �4 U CtY U � � 0 O t ^ � W U 3� v J U � a c Q c 4 O � j � J y � N 30'00'00" W 8�.0�• � O � � N � 0 0 0 0 � � TAYL OR STR EET 6 D' R. 0. W. Address: 100 THROCKMORTON ST. PROPERTY ZONED: "H" BLOCK 18R FORT WORTH ORIGINAI TOWN ADDITION Vol. 388-110, Pg. 97 rRAcr s ��ARCEL A PNL FOR1-"XORiH, L.P. Specio! Worr�4� Deed Instr�menf g' D2073��77 �\ \�F \ N7a36'06"W — 7.7Z to tock in lead plug PIBURI`I� PARTNERS, LLC 3445 Highland Rd. — Suite 205 Dollos, Texos 75228 ph: (214) 328-3500 fox: (214) 328-3512 em oil6l�n e trosurve yor_ com R.O. W. ABANDONMENT W. 3rd Street ADJACENT TO BLOCK 18R i, 600 sq. ft. / 0. 0367ac. FORT WORTH TARRANT CO., TEXAS BEING a 1,600 square feet tract of land situated in the M. Baugh Survey, Abstract No. 106, Tarrant County, Texas and being pa�t of W. 3rd Street (60' R.O.W.) adjacent to BLOCK 18R, FORT WORTH ORIGINAL TOWN ADDITION, an addition to the City of Fort Worth according to the plat thereof recorded in Volume 388-110, Page 97, Plat Records, Tarrant County, Texas, between Throckmorton Street (80' R.O.W.) and Taylor Street (60' R.O.W.), and being more particularly described as follows: BEGINh!!NG at the southeast corner of said BLOCK 18R and TRACT 5, PARCEL A, described to PNL FORT WORTH, L.P. by Special Warranty Deed recorded under instrument No. D201322277, Real Property Records, Tarrant County, Texas, at the intersection of the northerly line of said W. 3rd Street with the westerly line of said Throckmorton Street, from which a tack in lead plug bears S75 °24' 14"E — 7.02 feet; THENCE S30°00'00"E along the westerly fine of said Throckmorton Street, a distance of 8.00 feet; THENCE S60°00'00"W a distance of 200.00 feet to the easterly line of aiorementioned Taylor Street; THENCE N30°00'00"W along the said easterly line of Taylor Street, a distance of 8.00 feet to the southwesterly corner of aforementioned BLOCK 18R and TRACT 5, PARCEL A, from which a tack in lead plug bears S15°24'14"W —7.02 feet; THENCE N60°00'00"E along the southerly line of said BLOCK 18R and TRACT 5, PARCEL A, common with the northerly line of W. 3rd Street, a distance of 200.00 teet to the POlNT OF BFG/NNING and containing 1,600 square feet or 0.0367 acres of land, more or less. • Bearinc�s are based upon the Plat o( Blocks 6R, 18R, and 2oR: Fort Worth Original Town Addition, as recorded in Volume 388-110, Page 97, Plat Records, Tarrant County, Texas, JUNE 1, 2006 SHT. 1 of 2 R.O. W. ;4BANDONMENT W. 3rd Sfreef �� ADJACENT TO BLOCK 18R 1,6�0 sq. ft. / 0.0367 oc. scn�e � • = so' FOR T WOR 7H TARRANT CD., TEXAS C'J � .� �.. THROCKMORTON STREET 80' R. 0. W. 575'24'14"E - 7.02' Eo tock in leod plug � � i 7RACT 5 PARCEL A PNL FORT VlORTH, L.P. Speciol Warronty Deed Instrvment f/ D207322277 BLOCK 18R FORT WORTH ORIGINAL TOWN ADDITION Vol. 388-110, Pg. 97 Address: 300 iHROCKMORTON Si. PROPER7Y ZONED: "H" TAYLOR STREET 60' R.O. W. Beorings ore based upon the Flot of Blocks 6R, 18R, ond 20R, For( 14orfh O�ig�nol Town Addition, os recorded in Volume 388-i10, Page 97, Plof Recoros, Torrant Counfy. Texos. Piojccl (Jo. OS}22_ABAND JUNE 1. 2006 SN7. 2 0l 2 � O 0 0 N i w 0 0 O O O �D Z � O 0 0 N i � 0 O � O O C� � S 30'00'DO" E 8.��r sis•2a'ia•w — �.02'� vN 30'DO'00'� W io tack irt /eod plug f3.00 , PIBURI`I � PARTI\IERS, LL.0 3445 Highland Rd. — Suite 205 Dorros, Texas 75228 ph: (274) 328-3500 fox: (214) 328-3512 em oi1C9�-netrosurveyor.carn EXHIBIT "C" Legal Description of Propertv Covered bv Replat Lots 1, 2, and 3, Block 18R, Fort Worth Original Town, a Replat of Lots 3 and 4, Block 17, Fort Worth Original Town Addition and Block 18R, ort Worth Original Town Addition, according to replat thereof recorded as ..�s�s����l ;� i f� , in the Real Property Records of Tarrant County, Texas. � ���f� % l� ,��' EXHIBIT "C" - Legal Description of Property covered by Replat – Cover Page. Dallas 1\4394864\12 44062-1 10/5/2006