HomeMy WebLinkAboutContract 37423FORM APPROVED
BY LAW
coev CT NO �344a3
BNSF RAILWAY COMPANY
REAL ESTATE DONATION CONTRACT
ZAThis Real Estate Donation Contract (the "Contract") is entered into this day of
I tzLz ) 20085 by and between BNSF Railway Company (hereafter,
11 ail roa " , a Delaware corporation, and City of Fort Worth (hereafter, "Donee"), a Texas
municipal corporation.
WITNESSETH:
WHEREAS, Railroad is willing to convey to Donee on the terms and conditions
contained herein the real property (hereafter, the "Property") described in the Exhibit A dated
( J-0tix Y� lc , 2007, which is attached hereto and by this reference made a part hereof,
WHEREAS, the Donee is willing to accept the conveyance of the Property on the terms
and conditions set forth herein;
NOW, THEREFORE, in consideration of the covenants and conditions set forth herein,
the parties hereby agree as follows:
1. Railroad will donate and convey the Property to Donee by Donation Deed Without
Warranty, in accordance with the terms, conditions and reservations contained herein. No
monetary consideration shall be paid by Donee to Railroad for the Property. Donee shall
accept title to the Property and shall assume responsibility for the Property and shall
comply with the terms and conditions of this Contract. Donee agrees to take all actions
and execute all documents, including but not limited to, Charitable Donation Receipt, the
Donee Acknowledgement section of Internal Revenue Service form 8283, which are
necessary to allow Railroad to take a tax deduction with regard to the donation described
herein. Donee shall sign IRS Form 8283 certifying that it is a tax exempt entity which is
qualified to receive tax deductible donations. Donee shall also provide Railroad with a
copy of MAI appriasal for subject property.
2. As part of the consideration for Railroad's donation and conveyance of the Property,
Donee will accept the Property on an "as -is, where -is" basis and with all faults, subject to
the terms and conditions contained herein. Railroad expressly disclaims any warranties
for the Property or appurtenances thereto, including, without limitation, warranties as to
title to the Property, its physical condition, availability of utilities, its zoning
classification, the design or condition of the Property, its merchantability or its fitness for
any particular purpose, or conformity of the Property to its intended use. Donee agrees
that Railroad shall not be liable for incidental or consequential damages (including strict
liability in tort) with respect to the Property.
i1FFICIAL RECORD£
CITY SECRETARY `
FT. WORTH, TX
1
3. Donee will not object to or participate in any objection to any present or future use by the
Railroad of Railroad's adjacent property or to any efforts which Railroad may undertake
to obtain permits, variances, zoning changes or to meet any other requirements to enable
Railroad to utilize Railroad's property adjacent to the Property it will donate to Donee
under this Contract in any manner it wishes.
4. This Property shall be used by Donee for roadway purposes.
5. To the extent allowed by law, Donee shall indemnify and hold harmless Railroad for any
personal injury occurring to any person as part of any Environmental Assessment or any
studies, tests, or inspections by the Donee or its agents or contractors. Donee shall require
any contractor doing an Environmental Assessment or any other inspection of the
Property to provide Railroad with a certificate of insurance showing a Commercial
General Liability insurance in the amount of $6,000,000 with Railroad named as an
additional insured and showing worker's compensation coverage with a waiver of
subrogation rights against Railroad. 11
6.
DONEE HAS BEEN ALLOWED TO MAKE AN INSPECTION OF THE
PROPERTY AND HAS KNOWLEDGE AS TO THE PAST USE OF THE
PROPERTY. BASED UPON THIS INSPECTION AND KNOWLEDGE, DONEE
IS/ARE AWARE OF THE CONDITION OF THE PROPERTY AND DONEE IS
AWARE THAT DONEE IS PURCHASING THE PROPERTY ON AN "AS -IS
WITH ALL FAULTS" BASIS WITH ANY AND ALL PATENT AND LATENT
DEFECTS, INCLUDING THOSE RELATING TO THE ENVIRONMENTAL
CONDITION OF THE PROPERTY, AND THAT DONEE IS/ARE NOT
RELYING ON ANY REPRESENTATION OR WARRANTIES, EXPRESS OR
IMPLIED, OF ANY KIND WHATSOEVER FROM RAILROAD AS TO ANY
MATTERS CONCERNING THE PROPERTY, INCLUDING THE PHYSICAL
CONDITION OF THE PROPERTY AND ANY DEFECTS THEREOF, THE
PRESENCE OF ANY HAZARDOUS SUBSTANCES, WASTES OR
CONTAMINANTS IN, ON OR UNDER THE PROPERTY, THE CONDITION OR
EXISTENCE OF ANY OF THE ABOVE GROUND OR UNDERGROUND
STRUCTURES OR IMPROVEMENTS IN, OF OR UNDER THE PROPERTY,
THE CONDITION OF TITLE TO THE PROPERTY, AND THE LEASES,
EASEMENTS OR OTHER AGREEMENTS AFFECTING THE PROPERTY,
DONEE IS AWARE OF THE RISK THAT HAZARDOUS SUBSTANCES AND
CONTAMINANTS MAY BE PRESENT ON THE PROPERTY, AND TO THE
EXTENT ALLOWED BY LAW INDEMNIFIES, HOLDS HARMLESS AND
HEREBY WAIVES, RELEASES AND DISCHARGES FOREVER, RAILROAD
FROM ANY AND ALL PRESENT OR FUTURE CLAIMS OR DEMANDS, AND
ANY AND ALL DAMAGES, LOSS, INJURY, LIABILITY, CLAIMS OR COSTS,
INCLUDING FINES, PENALTIES AND JUDGMENTS, AND ATTORNEY'S
FEES, ARISING FROM OR IN ANY WAY RELATED TO THE CONDITION OF
THE PROPERTY OR ALLEGED PRESENCE, USE, STORAGE, GENERATION,
OFFICIAL RECORi
CITY SECRETARY
FT. WORTH, TX 2
MANUFACTURE, TRANSPORT, RELEASE, LEAK, SPILL, DISPOSAL OR
OTHER HANDLING OF ANY HAZARDOUS SUBSTANCES OR
CONTAMINANTS IN, ON OR UNDER THE PROPERTY, (THE
"ENVIRONMENTAL CONDITION") WHETHER SUCH ENVIRONMENTAL
CONDITION OR SUCH EVENTS GIVING RISE TO BE ENVIRONMENTAL
CONDITION WAS DUE TO THE SOLE OR CONCURRENT NEGLIGENCE OR
STRICT LIABILITY OF RAILROAD OR DONEE, LOSSES SHALL INCLUDE
WITHOUT LIMITATION (A) THE COST OF ANY INVESTIGATION,
REMOVAL, REMEDIAL OR OTHER RESPONSE ACTION THAT IS
REQUIRED BY ANY ENVIRONMENTAL LAW, THAT IS REQUIRED BY
JUDICIAL ORDER OR BY ORDER OF OR AGREEMENT WITH ANY
GOVERNMENTAL DONEE, OR THAT IS NECESSARY OR OTHERWISE IS
REASONABLE UNDER THE CIRCUMSTANCES, (B) LOSSES FOR INJURY
OR DEATH OF ANY PERSON, AND (C) LOSSES ARISING UNDER ANY
ENVIRONMENTAL LAW ENACTED AFTER TRANSFER, THE RIGHTS OF
RAILROAD UNDER THIS SECTION SHALL BE IN ADDITION TO AND NOT
IN LIEU OF ANY OTHER RIGHTS OR REMEDIES TO WHICH IT MAY BE
ENTITLED UNDER THIS DOCUMENT OR OTHERWISE. THIS INDEMNITY
SPECIFICALLY INCLUDES THE OBLIGATION OF BUYER TO REMOVE,
CLOSE, REMEDIATE, REIMBURSE OR TAKE OTHER ACTIONS
REQUESTED OR REQUIRED BY ANY GOVERNMENTAL AGENCY
CONCERNING ANY HAZARDOUS SUBSTANCES OR CONTAMINANTS ON
THE PROPERTY, PROVIDED, HOWEVER, THAT DONEE'S OBLIGATION
TO INDEMNIFY RAILROAD SHALL EXCLUDE: (1) PERSONAL INJURY
CLAIMS BY THIRD PARTIES WHICH ARISE SOLELY FROM EXPOSURE
OR ALLEGED EXPOSURE ON THE PROPERTY PRIOR TO CLOSING DATE,
AND (2) CLAIMS BY THIRD PARTY FOR PROPERTY DAMAGE ARISING
SOLELY FROM MIGRATION OF HAZARDOUS SUBSTANCES FROM THE
PROPERTY PRIOR TO CLOSING DATE. DONEE SHALL FURTHER
INDEMNIFY RAILROAD TO THE EXTENT THAT SUCH THIRD PARTY
CLAIMS ARE MADE AGAINST RAILROAD AND RAILROAD'S LIABILITY
FOR CLEANUP IS INCREASED BECAUSE OF THE DONEE'S
DEVELOPMENT AND USE OF THE PROPERTY. DONEE COVENANTS NOT
TO SUE OR PROSECUTE ANY CLAIMS DONEE MAY HAVE OR WHICH
MAY ARISE IN THE FUTURE FOR THE CONDITION OF ENVIRONMENTAL
CONDITION OF THE PROPERTY OR ANY SUCH EVENT GIVING RISE TO
THE CONDITION OR ENVIRONMENTAL CONDITION OF THE PROPERTY.
The term "Environmental Law" means any federal, state or local statute, regulation, code,
rule, ordinance, order, judgment, decree, injunction or common law pertaining in any way
to the protection of human health or the environment, including without limitation, the
Resource Conservation and Recovery Act, the Comprehensive Environmental Response,
Compensation and -:Liability Act, the Toxic Substances Control Act, and any similar or
coninarable, sta e.&Jocaj law.
CITY
SECRETARY
The term "Hazardous Substance" means any hazardous, toxic, radioactive or infectious
substance, material or waste as defined, listed or regulated under any Environmental Law,
and includes without limitation, petroleum oil and any of its fractions.
7. Donee acknowledges and affirms that Railroad may not hold fee simple title to the
Property, that Railroad's interest in all or part of the Property, if any, may rise only to the
level of an easement for railroad purposes. Donee is willing to accept Railroad's interest
in the Property, if any, on this basis and expressly releases Railroad, its successors and
assigns from any claims that Donee or its successors may have as a result of an
abandonment of the line of rail running over or adjacent to any portion of the Property. In
light of Railroad's disclosure that it may not hold a fee interest in all or part of the
Property, Donee agrees to the extend allowed by law to indemnify, defend and hold
Railroad harmless from any suit or claim for damages, punitive or otherwise, expenses,
attorneys' fees, or civil penalties that may be imposed on Railroad as the result of any
person or entity claiming an interest in any portion of the Property or claiming that
Railroad did not have the right to transfer all or part of the Property to Donee.
8. Donee acknowledges and affirms that it has not relied on any representation of Railroad
as to the quality of the title that Railroad may hold or otherwise, and that Donee has had
sufficient time to consult with its legal counsel and other experts before entering into this
Contract.
9. Liens -- Any judgment against Railroad which may appear of record as a lien against the
Property shall be settled and satisfied by Railroad if and when it is judicially determined
to be valid, and Railroad hereby indemnifies the Donee for all loss arising out of
Railroad's failure to have a judgment lien so settled and satisfied. All outstanding
assessments levied or due in the year the deed is delivered shall be paid by Donee.
10. Any and all remaining personal property owned by Railroad, not used in the Railroad's
daily operations and located on the property may be removed by Railroad prior to Closing
Date as defined below. Any and all personal property of Railroad not used in the
Railroad's daily operations remaining on property as of Closing Date shall pass to Donee.
11. Donee warrants and affirms that it has the necessary authority to enter` into this Contract
and that all of the obligations hereunder are enforceable and legally binding on the Donee
and its successors. The person executing this Contract on behalf of the Donee warrants
and affirms that he or she is fully authorized to do so for and on behalf of the Donee.
12. Closing shall be conducted by mail. Railroad shall forward the Donation Deed Without
Warranty to Donee.
13. Property taxes assessed against the Property shall be prorated to Closing Date with
Railroad paying that portion of the taxes accruing to Closing Date and Donee paying that
portion accruing after Closing Date. Any tax parcel proration affecting the Property that
may be mired by the Tarrant County Assessor or Denton County Assessor shall be
OFFICIAL RECORD
CITY SECRETARY 4
FT. WORTH, TX
completed by the Donee at the Donee's expense within ninety (90) days of conveyance.
14. This Contract and the rights and obligations thereunder shall survive closing or
acceptance and be continuing in nature.
15. Any future transfers of the Property shall only be allowed to another not for profit entity
or organization. All covenants of Donee in this Donation Contract shall be covenants
running with the land and shall be binding upon any successors of Donee.
16. Donee acknowledges and affirms that Donee's assumption of ownership of the Property
in no way entitles Donee to use any Railroad trademark or service mark in any
commercial application without Railroad's express written permission.
17. TO THE EXTENT ALLOWED BY LAW, DONEE, IN ITS ACCEPTANCE
HEREOF, HEREBY AGREES TO INDEMNIFY AND SAVE HARMLESS SAID
RAILROAD, FROM AND AGAINST ALL LAWFUL CLAIMS, DEMANDS,
JUDGMENTS, LOSSES, COSTS AND EXPENSES, FOR INJURY TO OR
DEATH OF THE PERSON OR LOSS OR DAMAGE TO THE PROPERTY OF
ANY PERSON OR PERSONS WHOMEVER, INCLUDING THE PARTIES
HERETO, IN ANY MANNER ARISING FROM OR GROWING OUT OF THE
ACTS OR OMISSIONS, NEGLIGENT OR OTHERWISE, OF DONEE, ITS
SUCCESSORS, ASSIGNS, LICENSEES AND INVITEES OR ANY PERSON
WHOMSOEVER, IN CONNECTION WITH THE ENTRY UPON, OCCUPATION
OR USE OF THE SAID PROPERTY HEREIN DESCRIBED,
18. NOTHING IN THIS AGREEMENT SHALL EVER BE CONSTRUED SO AS TO
REQUIRE DONEE TO CREATE A SINKING FUND OR TO ASSESS, LEVY
AND COLLECT ANY TAX TO FUND ITS OBLIGATIONS UNDER
PARAGRAPHS 5,6,7 and 17 OF THIS AGREEMENT.
19. Transfer Taxes --Donee agrees to purchase, affix and cancel any and all documentary
stamps in the amount prescribed by statute, and to pay any and all required transfer
taxes, excise taxes and any and all fees incidental to recordation of the conveyance
instrument. In the event of Donee's failure to do so, if the Railroad shall be obligated so
to do, the Donee shall be liable for all costs, expenses and judgments to or against the
Railroad, including all of Railroad's legal fees and expenses and same shall constitute a
lien against the Property to be conveyed until paid by the Donee.
20. Donee shall not be entitled to object to the lien of any of Railroad's mortgages. Railroad
shall deliver to Donee, who shall place of record, good and sufficient releases of the
liens of any mortgages on the Property securing indebtedness to which Railroad is
obligated to pay within one hundred eighty (180) days after the first meeting of
Railroad's Board of Directors held after the Closing. In the event Railroad shall be
unable to obtain said releases for any reason, Donee shall reconvey the Property to
Railroad free a d clear of defects or objections arising after the Effective Date upon
OFFICIAL RECORD
CITY SECRETARY
F'�'.1�C.•RTH, TX 5
which this Agreement shall terminate and neither party shall have any further rights or
obligations hereunder except those that expressly survive termination.
21. Railroad may incorporate the provisions of this Contract into the deed to ensure that
such provisions run with the land and are enforceable against any parties taking any
interest in the Property by, through or under Donee.
22. Notwithstanding anything herein, this donation shall close on or before March 31, 2008
(the "Closing Date"). Railroad shall have the right to extend the Closing Date, at
Railroad's sole judgment.
23. This letter is being forwarded in duplicate and if the terms and conditions are acceptable,
please arrange for signature in the space provided below and return both copies to this
office for further handling. It is specifically agreed and understood by the parties hereto
that the Donee shall, before 'jar=�5; 2008, accept and sign this letter agreement and.U'
return both copies to Railroad's representative, The Staubach Company at 3017 Lou
Menk Drive, Suite 100, Ft. Worth, TX 76131-2800. Failure of the -Donee to perform
within the time restrictions will render this Letter Agreement null and void in its entirety.
Upon execution of this letter agreement, a copy will be returned for your file. The formal
donation deed without warranty will be prepared in accordance with the terms and conditions
herein set forth.
Accepted and agreed to the day of , 2008
CITY OF
FORT WORTH,
a Texas municipal corporation
Title: Assistant City Manager
Executed the (D day of , 2008
BNSF RAILWAY COMPANY,
a Delaware Cornorwii�n
By:
Title: AVP-CQr�Orat@ ReAr r � '"'oament
OFFICIAL RECORD
CITY SEC€�ETARY I
FT. WORT a, TX
Parcel IA
F.M. Highway 156
CSJ: 0718- M56
October 15, 2007
Exhibit A, Page 1 of 3
BEING that certain tract of land situated in the Caleb O' Briant Survey, Abstract
Number 1195, and the W.G. Finley Survey, Abstract Number 1902, Tarrant County,
Texas and being a portion of that tract of land conveyed to AT & SF RR Co., and
recorded in Volume 11381, Page 419, Deed Records, Tarrant County, Texas, and being
more particularly described by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod with yellow cap stamped "Carter &Burgess" found
at the southernmost point of said AT & SF RR Co. tract, and in the east line of that tract
of land conveyed to AIL Investment, L.P., and recorded in Volume 13697, Page 498,
Deed Records, Tarrant County, Texas, said point also being in the existing west right-of-
way of F.M. 156 (120' ROW);
THENCE with the southernmost westerly line of said AT & SF RR Co. tract and the east
line of said AIL Investment, L.P. tract, the following bearings and distances:
(1) N 24°04' 18" E, 513.15 feet to a 5/8 inch iron rod with yellow cap stamped
"Carter & Burgess" found;
(2) N 59°07'35" E, 171.37 feet;
(3) N 26°17' 10" E, 526.13 feet to the northeast corner of said AIL Investment, L.P.
tract;
(4) THENCE S 72°321S8" E, 188.17 feet to a 5/8 inch iron rod with yellow cap stamped
"Carter &Burgess" set at the beginning of a curve to the left;
(5) THENCE 172.(I7 feet along the arc of said curve to the left, through a central angle of
12°04' 14", having a radius of 816.0414 feet, the long chord of which bears
S 78031'35"E5 171.75 feet to a 5/8 inch iron rod with yellow cap stamped "Carter &
Burgess" set in the existing west right -of --way of F.M. 156 (120' ROW);
(6) THENCE S 4505155711W, 687.95 feet with the existing west right -of --way of F.M. 156
(120' ROW) to a 5/8 inch iron rod with yellow cap stamped "Carter &Burgess" set at the
beginning of a non -tangent curve to the left;
(7) THENCE 223.42 feet along the arc of said non -tangent curve to the left, with the
existing west right -of --way of F.M. 156, through a central angle of 02° 12'40", having a
radius of 5789.55 feet, the long chord of which bears S 44°45'37"W, 223.41 feet to a 5/8
inch iron rod with yellow cap stamped "Carter & Burgess" set;
OFFI���� F��Ct�RD
CITY S>�'CRC�'�#RY
FT.WDRTH, TX
Parcel 1 A
F.M. Highway 156
CSJ: 0718-02-056
October 15, 2007
Exhibit A, Page 2 of 3
(8) THENCE S 43°39' 1 / vv VA continuing with the existing west right -of --way of
F.M. 156 to the POINT OF BEGINNING and containing 4.621 acres of land more or
less.
NOTES:
Survey sketch to accompany this legal description.
FT., WORTH, TX
AIL INVESTMENT,L.P,
C.C.'S D205016655
D.R.T.C.T.
AREA
RETAINED
BY
BNSF
AT&SF RR CO.
VOL. 1138/, PG. 419
D.R. T.C.T.
30' GE C. Co # D205357288
Do Re To CST
OAIL 1NVESTMENT,L,P\\ v Jk"o�z3'
VOL. 13697, PG. 498 \\ oRC< NP
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SHEET 3 OF 3
Notes+
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A.l.L. INVESTMENT, L.P. A,,
C.C. : D205016655 y�`'�>'
D.R.T.C.T, �G,r
to
tlx
0/
,
III
r,
0=1 20 04' 1 4"
R=816. 78'
L=172. 07'
Lo C. =S780 31' 35" E
' 171 a 75'
4
0113 + � • �\� I
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R=5789, I P
L=223. 42' Q I
L. C. =5440 45' 37" W k I
/ 223. 41'00
I Poo �
0
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Legend
L
0 /50 300 450
� LIGHT POLE
b S/GN Scale � Feet
Legal descr 1pt Ion to vccompany this survey sketch.
Bear ings are based on NAD 83 Datum, texas Stote Plone
Coordinate System, North Central Zone.
DE Drainage Easement
GE -Gas lPipellne) Easerie���Y;�s��i�,. RECORD
IRF - Iran rod tour.:; =.{,`g" p �ECRETARX
Q IRS • 518 Inch Iron rod with -ookI 41%er Burgess'
set. f /�
P.O.C. Point of Commencing
P.O.B. Po lnt of Beg fnn ing
SE Sanitary Sewer Easement
TODD R_ I DGES
to
FFSS��
� -
c suRV9`��
TEXAS
DEPARTMENT
OF TRANSPORTATION
Ar&sF RR co.
4n62/
STATE D[ST.
TEXAS 02
CONTRACT (SECTION
0718 I 02
acres
COUNTY
TARRANT
JOB HIGHWAY No,
056 � FM 156
REVISED RIGHT-OF-WAY+ 06-01-2007
Parcel 113
F.M. Highway 156
CSJ: 071 M2-056
October 15, 2007
Exhibit A, Page 1 of 5
BEING that certain tract of land situated in the Caleb O' Briant Survey, Abstract
Number 1195, and the W.G. Finley Survey, Abstract Number 1902, Tarrant County,
Texas and being a portion of that tract of land conveyed to AT & SF RR Co., and
recorded in Volume 11381, Page 419, Deed Records, Tarrant County, Texas, and being
more particularly described by metes and bounds as follows:
COMMENCING at a 5/8 inch iron rod with yellow cap stamped "Carter &Burgess"
found at the southernmost point of said AT & SF RR Co. tract, and in the east line of that
tract of land conveyed to AIL Investment, L.P., and recorded in Volume 13697, Page
498, Deed Records, Tarrant County, Texas, said point also being in the existing west
right-of-way of F.M. 156 (120' ROW);
THENCE with the southernmost westerly line of said AT & SF RR Co. tract and the east
line of said AIL Investment, L.P. tract, the following bearings and distances:
(1) N 24°04' 18" E, 513.15 feet to a 5/8 inch iron rod with yellow cap stamped
"Carter & Burgess" found;
(2) N 59°07'35" E, 171.37 feet;
(3) N 26° 17' 10" E, 526.13 feet to the northeast corner of said AIL Investment, L.P.
tract;
(4) THENCE N 27° 14'26" E, 228:32 feet to the southeast corner of Tract 2 as conveyed to
AIL Investment, L.P., recorded in Instrument Number D2050166559 Deed Records,
Tarrant County, Texas, the beginning of a non -tangent curve to the left, and the POINT
OF BEGINNING;
THENCE with the east line of said Tract 2, the following bearings and distances:
(5) 320.99 feet along the arc of said non -tangent curve to the left, through a central
angle of 04°31'O1 ", having a radius of 4071.66 feet, the long chord of which
bears N 1705'47"E, 320.90 feet;
(6) N 15033'39"W, 155.56 feet to a 5/8 inch iron rod with yellow cap stamped
"Carter &Burgess" set;
(7) N 18049'03"E, 475.49 feet to a 5/8 inch iron rod with yellow cap stamped "Carter
& Burgess" set, the beginning of anon -tangent curve to the left;
(8) THENCE continuing with said east line of said Tract 2, and with said non -tangent curve
to the left, at 726.31 feet, passing the northeast corner of said Tract 2, 732.17 feet in all,
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Parcel 113
F.M. Highway 156
CSJ: 0718- M56
October 15, 2007
Exhibit A, Page 2 of 5
through a central angle of 10° 18 11 ", having a radius of 4071.66 feet, the long chord of
which bears N 01 °05'25"E, 731.19 feet to a 5/8 inch iron rod with yellow cap stamped
"Carter & Burgess" set in the east line of that "Parcel B" conveyed to AIL Investment,
L.P., recorded in Volume 13588, Page 186, Deed Records, Tarrant County, Texas;
(9) THENCE N 04°03'38"W, 75.53 feet with said east line of said Parcel B to a 5/8 inch
iron rod with yellow cap stamped "Carter & Burgess" set at the northeast corner of said
Parcel B, said point also being in the north line of said AT & SF RR Co. tract and in the
south line of that tract of land conveyed to AIL Investment, L.P., recorded in Volume
13588, Page 187, Deed Records, Tarrant County Texas;
(10) THENCE N 89°03' 12" E, 200.30 feet with said north line of said AT & SF RR Co. tract,
and said south line of said AIL Investment, L.P. tract to a 5/8 inch iron rod with yellow
cap stamped "Carter & Burgess" set in the northwest corner of that "Parcel C" conveyed
to AIL Investment, L.P., and recorded in Volume 13588, Page 186, Deed Records,
Tarrant County, Texas;
(1 1) THENCE S 04°03'38" E, 64.65 feet, departing said south line of said AIL Investment,
L.P. tract with the west line of said Parcel C to a 5/8 inch iron with cap stamped "Carter
& Burgess" set, the beginning of a curve to the right;
(12) THENCE continuing with said west line of said Parcel C and said curve to the right, at
5.87 feet, passing the northwest corner of that "Tract 1" conveyed to AIL Investment,
L.P., recorded in Instrument Number D205016655, Deed Records, Tarrant County,
Texas, 767.18 feet in all, through a central angle of 10°17'25", having a radius of
4271.66 feet, the long chord of which bears S 01°05'05"W, 766.15 feet to a 5/8 inch iron
rod with yellow cap stamped "Carter & Burgess" set in the west line of said Tract 1;
THENCE continuing with the west line of said Tract 1, the following bearings and
distances:
(13) S 00055'25" W, 500.75 feet to a 5/8 inch iron rod with yellow cap stamped
"Carter &Burgess" set;
(14) S 38007'54" W, 182.89 feet to the beginning of anon -tangent curve to the right;
(15) 313.31 feet along the arc of said non -tangent curve to the right, through a central
angle of 04° 12'09", having a radius of 4271.66 feet, the long chord which bears
S 17°08' 10" W, 313.24 feet to the southwest corner of said Tract 1;
OFFICIAL E2�ECf�RD
CITY SECRETAI��'
FT. WORTH, TX
Parcel 1 B
F.M. Highway 156
CSJ: 071MM56
October 15, 2007
Exhibit A, Page 3 of 5
(16) THENCE N 73°09' 17"W, 200.18 feet to the POINT OF BEGINNING and containing
9.225 acres of land more or less.
NOTES:
Survey sketch to accompany this legal description.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
G a OVERTON SURVE
A BS / o NO a 1185
A.I.L. INVESTMENT, L.P.
VOL. 13588, PG. 187
D.R.T.C.T.
A.I.L• INVESTMENT, L.P.
VOL. 135889 PGa 186
D.R.T.C.T. 173•+/-
\ N04' 03' 38' W
75.53'
0 /50 300 450
Scale ti Feet
I
71.66' � �
L=732.17`
L.C.-NO1'05'25'L o 444tkNomI
731 . 19'
I a
I
I 1
?I
�I
W?I
AIL INVESTMENT,L.P. WI a �g
C,C.# 020III
50/6655
D.R. r,C. T, kl
P O
P
Legend
# LIGHT POLE
p s I cN
SHEET 5 OF 5
Notesr
0
/55.56'
Legdl descr 1pt lon to accompany this survey sketch.
Bear Mgs are based on NAO 83 Ootum, Texas State Plane
Coord7nate System, North Central Zone.
� IRF • lion rod found.
p IRS 5/8 loch Iron Tod wlth cap stooped 'Carter & Burgess'
set. I' ---...->-'--..at•,--_.......�._.
P.O.C. Po niJi'Y-tlfrSA� m?ELQRD
P.o.B. • P Int�i f l�x`6GTAnR
FT* WORTH, TX
A. I.L. 11vVE01Ivi 0 L.P
VOL. 13588, PG. 187
D.R.T.C.T.
N89003' 12"E A. l.L. INVESTMENT, L.P.
VOL. 13588, PG. 186
200"30' D.R.T.C.T.
APPROXIMATE SURVEY LINE 1933'+/-
SO4' 03' 38" ET `
A.I.L. INVESTMENT, L.P.
C.C. ° D205016655 `�\J
D.R.T.C.T.
L .C.w ^
L.C. SO1'05' 05'W
v
P
TODD A. BRIDGES
.......:................................. ...
0 4940
TEXAS
DEPARTMENT
OF TflANSPORTATI ON
S38407' 540W ��
l 82.89'
A T& SF RR CO .
90225 acres
STATE DIST. I COUNTY
TEXAS 02 TARRANT
CONTRACT SECTION J08
0718 � 02 � 056
HIGHWAY
Na.
FM 156
FILE" Jj\JOB\01081914\.
GATE= 0I-Jun-07 I5:50
IGHT-OF-WAY� O6-01-2007
AIL INVESTMENT,L.P.
C.C." D205016655
D.R.T.C.T.
AREA
RETAINED
BY
BNSF
AT&SF RR CO.
N 15' 33' 39' W
155.56'
� •04' 31' OPR•407/.66'
L•320.99'
L.C. •N17' 05' 47' E •
320.90'
VOL. 11381, PG. 4/9 67•+!
D.R.T.C.T, /�4\ N27'14026'E
�(v, 228 a 32'
30'GE C.C.# 0205357288
D. R. T. C. T.
A.I.L. INVESTMENT, L.P. Are
C.C. * D205016655 `'�>'
D.R.T.C.T. p>�0i'.'
G • pi ,
?
182.89'
0. 04' I Z- 09'
o R•427/.66'
h� L•313.31'
4 �e L.C.•S17'08' 10'W
3 / 3.24/
P.O.B. (ST/A 61 •35.42,
AIL INVESTMENT , L . P : � yo oD; zs• +7- :'lam-::,: '�'�" �`'' �'••
VOL. 13697, PG. 498 oR��?aF
D.R.T.C.T. O
A n
C lot
2p40
0 r C 9 3Sg
�( I
0 \ / v
e ,\
�o
SHEET 4 OF 5
Notes+
L e ger�d
� LIGHT POLE
p S/GN
Legol description to accompany th /s survey sketch.
Bearings are bused on NAD B3 Datum, Texas State P/ane
Coordlnote System, North Central Zone.
DE • Drolnoge Easement
GE • Gas (Plpellne) Easementpp
• IRF Iron rod
p IRS - SrB inch Iron rode'Witii cQp's�,pflpaq,r;�aarfr0& Burgess"
SBt.
P.O.C. • POW of Comr�CIng,"'
WOFCfHv TX
P.O.B. Po lnt of Beglhn ing
SE Sdnftary Sewer Easement
0 I50 300 450
Scale Feet
Fu
TODD R I DGES AT&SF RR COD
AID. 4QV Q.
••FESS l9' y0
S111W.0
u Rv� 9 a 225 acres
STATE GIST. COUNTY
TEXAS 02 TARRANT
CONTRACT SECTION JOB HIGHWAY No,
TEXAS
DEPARTMENT 0718 02 056 FM 156
OF TRANSPORTATION
REVISED RIGHT-OF-WAY+ 06-18-2007
as
I'• 1 I; I.1
FROM: Marty Hendrix, City Secretary
. WAI jX$j W a t 0 a EMIZVWAI go•
• . Illl►`I17
The Real Estate Donation Contract with BNSF Railway Company. for a certain tract of land in
Caleb O'Briant Survey, Abstract No. 1195, and W.G. Finley Survey, Abstract No. 1902, and a
portion of a tract of land conveyed to AT & SF RR Co., Tarrant County, Texas, was sent to our
office on August 7, 2008, without a proper signature from the Assistant City Attorney. The
contract was signed by Assistant City Manager Fernando Costa. The contract was returned to
Assistant City Attorney Leann Guzman's secretary, Kathy Smith. The same afternoon, the
contract was returned to the City Secretary's Office with a post4t included from ACA Leann
Guzman stated that she had initialed the ACM's signature and it was ready for processing. The
contract was reviewed by Assistant to the City Secretary and the Assistant City Secretary and
they instructed that the contract be held until City's Secretary's return to office on Monday,
August 11, 2008. 4
AUTHORIZATION FOR CONTRACT NUMBER
Per the direction of Assistant City Attorney Leann Guzman, and the City Secretary a contract
number was issued and a copy of the ACA's instructions were placed in the file.
This request has been approved and a contract number issued.
LASALLEH
August 63 2008
Leann D. Guzman
Assistant City Attorney
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
Direct: + 1 817 392 8973/Fax: 8359
E-mail: learn guzmangfortworthgov.org
RE: BNSF File No.: 07656
AFE No.: 08-8566
Donation Land Transfer: Fort Worth, Tarrant County, Texas
To Whom It May Concern:
Title & Escrow Services/USA
3017 Lou Menk Drive, Suite 100 — EOB
Fort Worth, Texas 76131-2800
tel +1 817 230 2600 fax +1 817 306 8129
direct+ 1 817 230 2612
As promised, please fmd enclosed triplicate originals of the executed Real Estate Donation Contract
between BNSF Railway Company (herein "Railroad") and City of or or (herein
accepted on behalf of Railroad effective August 6, 2008 (herein "Contract") for your further handling.
Please do not hesitate to call me if you have any questions or concerns.
Very truly yours,
da Burton
date Transaction Manager
& Escrow — National Accounts 4
cc: � patrick.bucklev n.fortworthgov.org
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