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