Loading...
HomeMy WebLinkAboutContract 53383 y� V� CITY SECRETARY CONTRACT NO.. 5333 RECEIVE. a°Q� JAN 7 202� �Q o`��` S NT ENCROACHMENT LICENSE AGREEMENT CiTfOFFORM Commercial Cay SECRETARY ! Wd, THIS EASEMENT 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 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 sanitary sewer easement (the "City's Easement") in 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/or maintain certain improvements which will encroach in, on, above, or below the City's Easement; 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 the 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 City's Easement 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 City's Easement. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on City's Easement beyond what is specifically described in the exhibit(s) attached hereto. 0FRUAL REC r�E Easement Encroachment Agreement—Commercial(Sanitary Sewer—River Park) CITY SEC&WARY 4829-1862-1349,v. 7t2/ Qs8 ` 2. All construction,maintenance,or operation in connection with such Encroachment, use, and 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 the City may enter and utilize the referenced areas at any time for the purpose of installing,repairing,replacing,or maintaining improvements to its sewer facilities. 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 the 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 Easement 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 Easement, Licensee hereby gives the 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 of in the sum of Five Hundred Dollars ($500.00). Easement Encroachment Agreement—Commercial(Sanitary Sewer—River Park) Page 2 4829-1862-1349, v. 7 Revised 12/2018 5. The intial term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by the 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 HIND 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 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. 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 Easement Encroachment Agreement—Commercial(Sanitary Sewer—River Park) Page 3 4829-1862-1349,v. 7 Revised 12/2018 $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 City's Easement. 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. Easement Encroachment Agreement—Commercial(Sanitary Sewer—River Park) Page 4 4829-1862-1349,v. 7 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 City's Easement and is not a conveyance of any right, title, or interest in or to the City's Easement, 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, the 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 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 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. Easement Encroachment Agreement—Commercial(Sanitary Sewer—River Park) Page 5 4829-1862-1349,v. 7 Revised 12/2018 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, above, 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. 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] Easement Encroachment Agreement—Commercial(Sanitary Sewer—River Park) Page 6 4829-1862-1349, v. 7 Revised 12/2018 City: CITY OF FORT WORTH By: Randle Harwood, Director Planning& Development Date: 117 A'�) ATTEST: Approved As To Form and Legality C ty Secretary -�" :,,. atthew A. Murray , .. Contract Compliance Manager: By signing I acknowledge that I am the person resaponsiblea for the monitoring and administration of this ntr , inclu 'Ensu ing all performance re rting requirements. ;1A AA Janie S. Morales Development Manager Licensee: OF 1CiAL RECORD Cl`Y SECRETARY FT WORTH,TX Easement Encroachment Agreement—Commercial(Sanitary Sewer—River Park) Signature Page 4829-1862-1349,v.7 Revised 12/2018 ***THIS PAGE FOR CITY OF FORT WORTH OFFICE USE ONLY*** STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary 'ubiic in and for the State of Pa A- relk pn Texas, on this day personally appeared Randle Harwood, known to me to be 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 'I of 20aU y JENNIFER LOUISE EZERNACK 044 ;i�� Notary Public, State of Texas %�. Q� Comm. Expires 03-01-2024 N(Fry Publ in and the State of Texas ''% of j� mina Notary M 130561630 After recording return to: Planning& Development Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 E L ETA,RYTy Hb79 Easement Encroachment Agreement—Commercial(Sanitary Sewer—River Park) Signature Page 4829-1862-1349,v.7 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 Memb By:Name: o A Title: cl een*`'R- VICt wer, f STATE OF TEXAS § COUNTY OF BEXAR § The foregoing instrument was acknowledged before me this day of December 2019 by -jGkx, V,11, ,�eo��lJ.�I��e.&N4 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. ......j KIMBERLY MAGNON ?r°,°,•'' izNotary Public, State of Texas `V;•�`r- Comm. Expires 10-17-2021 Notary PU 1C Notary Io 128149145 My Commission Expires: Lf� ' �7- 2021 N AL RECORDECRETARY Easement Encroachment Agreement—Commercial(Sanitary Sewer—River Park) Signature Page 4829-1862-1349,v. 7 Revised 12/2018 EXHIBIT A Map of City's Easement and Encroachment Easement Encroachment Agreement—Commercial(Sanitary Sewer—River Park) Exhibit A 4829-1862-1349,v.7 Revised 12/2018 Z H Z } m N � O NGNRo z R�JER pP PROJECT LOCATION �\JER OWNER: PELOTON VICINITY MAP EMBREY PARTNERS, LTD. LAND SOLUTIONS 9800 HILLWOOD PARKWAY Momm 1020 NE LOOP 410,SUITE 700 NOT TO SCALE RIVER PARK APARTMENTS SAN ANTONIO,Tx 78209 SUITE 250 DATE: 07/19/2019 PHONE#:210.824.6044 FORT 817 2 33507 I -r-' -o- - - - - - 7-, I I i 11 CUT IN 5!MANHOLE, CONNECT TO EX 21"RCP SSWR,& BEGIN 24"DIP SSWR EX 2 1"FL:582.35 124"FL:582.35 IN.6943311.41 E:2303395.13 55N§TRuETT3 LF 24"DUCTILE IRON SSWR SLOPE TO MATCH EXISTINGI III DESIGN/BUILD i 3 I I LPIPE @±0.13% RETAINING WALL L FE)Cs-d-sfAT11+'76.03 SS-2 STA 0+00.00 CUT IN 5'MANHOLE, UGI - END 24-DIP SSWR, CONNECT TO EX 2!1'RCP SSWR,&I BEGIN 8*PRIVATE SSWR SERVICE EX 21"FL:582.26 24"FL:582.26 IF FL:582.36 IN 6943249.29 E:23034 23-�49....- .. j ------ --- CONSTRUCT 5 LF @ t 8*SANITARY SEWER 0.55%1 END8"SEWER SERVICE AT EASEMENT I� 18FL:582.40 J'A I II INSTALL: I 11-8-DOUBLE CLEANOUT IN,6943247.46 '2LO3L9L9L 0 L RIVER PARK APARTMENTS U 20' 40' 6Y Hill PELOTON PUBLIC SANITARY MAIN PLAN VIEW fl I w LAND SOLUTIONS Fplr V10RR41 _=j. EX-SS 615 615 -- ---- -------- i ----- -------------- 610 = - --t-- _ 610 ----- --- ---- ---- ' ----- ------- ----- N H tnN HtA 605 605 ----- -------- - ----- - ----- ------PROPOSED RADF= 595 --t - 595 - -- - - - - - PROPO,ED GRADE 590 590 -- --- W-LF 4"DIP S , 585 EXIST NG LINE 585 13% EX 2 "SS 580 580 N n N N b II 11 K _ Z -- — II Z 575 LL LL LL 575 -0+50 0+00 1+00 1+50 a Hill PARK APARTMENTS II. I PE LOTO N PUBLIC SANITARY MAIN PROFILE 2 I�I LAND SOLUTIONS FomxomwtFxnv MKiU .1Y H Z a Ili J Q C4 H w w U) w Zx II=� IIII J � Q w z 0 =III 11- U J J z �o� 111IT11 IIII <z z zmz - o 0 W� zz �U)� 3 II—� zv �O� m I III+Mi ao W 4 J a m ao 1E LU 4 {y_ o a _III—III=1 I I— 11=1 I1=1 � -I I w z -1 11=1 1=1'J I I I—III CID 11= Q a a l l a R _I !!1=¢m:I!—I QzII1=III wI1- a g III-1 I=1 1=1 o I 1=1 I I o I I= II=III=11 II III—III I1—� o 41, III=III I- N J A W. U- Zo= III-11=�1�=�! 1�3N Q z I_I I I—III I—W o m z Q z Q CL it FD it z Z I—III_=1 11 :a_I Jw s a. a !II III -11 C� cr O o w F w H O J Q A O W A J mom■IRiv1�PJI fflKtl EXHIBIT OF A PUBLIC SANITARY SEWER EASEMENT BEING A TRACT OF LAND SITUATED IN THE HEIRS OF EDWARD WILBURN SURVEY,ABSTRACT NUMBER 1635 TARRANT COUNTY,TEXAS, BEING A PORTION 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: COMMENCING AT A 5/8 INCH IRON ROD FOUND CAP STAMPED "DUNAWAY" FOR THE SOUTHEAST CORNER OF SAID TRACT AND THE WEST RIGHT-OF-WAY LINE OF BRYANT IRVIN ROAD(A VARIABLE WIDTH PUBLIC RIGHT-OF-WAY); THENCE N 06042'48" W, 187.77 FEET WITH SAID BRYANT IRVIN ROAD,TO THE POINT OF BEGINNING: THENCE DEPARTING SAID BRYANT IRVIN ROAD LINE, OVER AND ACROSS SAID FORT WORTH AT RIVER PARK, LLC.TRACT THE FOLLOWING BEARINGS AND DISTANCES: S 82019'44"W, 12.14 FEET; N 07040'16" W,67.68 FEET; N 82-19-44" E, 13.28 FEET; THENCE S 06"42'48" E, 67.69 FEET TO THE POINT OF BEGINNING AND CONTAINING 860 SQUARE FEET OR 0.020 ACRES OF LAND MORE OR LESS. "Integral parts of this document" 1.Description 1 Page 2.Exhibit-1 Page Peloton Job No.EMB19001 Tracking No.n/a Frisco Dccember 23,2019 G:UOB%EM019001_RIVER OAKS_APTS%MASTER DEVt_SURVEYIEASEMENTSILEGALSIEMB19001_EAg.DOCX Page I of UBasis of Bearing is the Texas Coordinate n System, North Central Zone 4202, NAD 83 3 "Integral parts of this document" N 1. Description — 1 Page 2. Exhibit — 1 Page Z 0 25 50 ° LEGEND: IRF=IRON ROD FOUND GRAPHIC SCALE IN FEET S OF VE Y, IR Tg1�ILHURN ER 1635 ED�ATgpCT NUMH �1195 N82'19'44"E 0.020 ACRES 13.28' 860 SQUARE FEET S06'42'48"E 67.69' N07'40'16"W 67.68' 0 3 of o I S82'19'44"W t 12.14' POINT OF BEGINNING a -" X FORT WORTH AT RIVER PARK, LLC. N06'42'48"W 1 o Inst.# D219293477 187.77' ` o C.R.T.C.T. I o 518' IRF Cap 0 Stamped 'Dunaway- 0 ID POINT OF s �s R qs COMMENCING N • � IO ...:...•.•••.•...•..•...•..••..• CHARLES STEPHEN RWSEY \ �. .,.. .................. o�..671 a aP.,,: N o �FESS��•'�¢ AND SURv ` In 0 0 y EXHIBIT OF A PUBLIC SANITARY SEWER EASEMENT HEIRS OF EDWARD WILBURN SURVEY, ABSTRACT NO. 1635 CITY OF FORT WORTH !�P E LOTO N TARRANT COUNTY, TEXAS I'III LARD SOLUTIONS 1 10WSCO TX 750 ST.SUITE-18 JOBS: EMB19001 DRAWN BY: MYOST CHECKED BY: BRAMBLY DATE: 10/07/20 9 [PAGES:2 OF 2 FRISCO,TX 750JJ �6a21S1000 DWG NA'1E G:\J09\EVBI90OI RIVER OAKS_APTS\UASIER DEV\_SURVEY\EASEIdEt4TS\E1.1B190D1_EA8.D%VG PLOT DATE: 12/23/2019 EXHIBIT B Certificate of Insurance Easement Encroachment Agreement—Commercial(Sanitary Sewer—River Park) Exhibit B 4829-1862-1349,v.7 Revised 12/2018 EXHIBIT C Metes and Bounds Legal Description of the Property Easement Encroachment Agreement—Commercial(Sanitary Sewer—River Park) Exhibit C 4829-1862-1349,v.7 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.