HomeMy WebLinkAboutContract 38650AGREEMENT
This AGREEMENT ("Agreement") is entered into as of cc 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 corporation of Tarrant County, Texas ("City").
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 ("Exchange Deed"). On October 1,
1977, Owner's predecessor entered into a Lease 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
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, 20015 in Volume 153631
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 belO 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 Skywalk").
F. To
simple ownership
City, by Ordinanc
confirm fee simple ownership by each respective Owner and to convey fee
to the applicable Owner to the extent any portions thereof are owned by the
Now P
abandoned
"Ordinance"),
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CITY
SECRETARY
AGREEMENT -Page 1
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WORTH,
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 "County") 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
5807, 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.
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 17, Fort Worth Original Town Addition and Block 18R, Fort Worth Original Town
Addition, recorded as Duc -men �.Chbihkf is ,IISKn 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 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 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 Skywalk"). The City Place
Skywalk and the Hotel Skywalk are collectively referred to herein as the "SkMalks."
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 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 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
suff ciency 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 her 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 legal 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 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 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 companies 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 Utility 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 ("Utility
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 5kywalk, 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 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
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 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. Binding E_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
1201 Elm Street
Dallas, Texas 75270
Attention: Allan S. Katz
2.4. Fair Inte rrp etation. 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. Severability. 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. Authority. 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 — 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,
�ll�r lPA V
.�' n
THE STATE OF TEXAS §
§
COUNTY OF i §
Thi instrument Mas acknowledged before me on the `� 4 ` day of
2006, by C' 4-ev; 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,,p4rtnership.
Notary Public - State of
(Printed Name of Notary Public)
AGREEMENT —Signature Page
TG:
TANDY GARAGE, L.P.,
a Delaware limited partnership
By: PNL Garage, LLC
a Delaware limited liability company,
its General Partner
THE STATE OF TEXAS §
COUNTY OF ti §
Th instrument �� as acknowledged before me on the day of 2 tiz ,
06, by �
20-{-,fn ; 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 limited liability company and limited partnership.
AGREEMENT —Signature Page
Notary Public -State of T
My Comm sion Expire
.- 16-v
(Printed Name of Notary Public)
����ICIAL REGARD
CITYSECREiARY
ATTEST:
APPROVED AS TO FORM AND
N�rne Printed
A isf,,,t-City Attorney
STATE OF TEXAS §
COUNTY OF TARRANT §
CITY:
CITY OF FORT WORTH,
a municipal corporation of Tarrant County,
IPYn
B
N
�{SSISTRNI City Manager
APPROVED BY CITY COUNCIL:
Date
The foregoing instrument was acknowledged . befo e me on this �,��day of
2006, by DA I f: 1= l SS L= � tsAIM er of the City of Fort Worth,
a municipal corporation of Tarrant County, Texas, on behalf of said municipality.
MARIA S. SANCHEZ
NOTARY PUBLIC
STATE OF TEXAS
My Comm, Exp.12-14w2009
AGREEMENT' -Signature Page
Nota�Public, State of Texas
My ommission expires:
(Printed Name of Notary Public)
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 38&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
R.O. W. ABANDONMENT
Taylor Street
ADJACENT TO BLOCK 18R
53,400 sq. ft. / 1.2259 ac.
FORT WORTH
TARRANT CO., TEXAS
BE►NG a 1.2259 acre tract of land situated in the A. Robinson Survey, Abstract No. 1289 and the
f A. 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:
BEGINNING at the intersection of the easterly line of 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
oI said W. 3`d 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 20.00 feet;
THENCE S60000'00"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 N60000'00"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 N30N0'00"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 S30000'00"E along the easterly line of said Taylor Street, at 180.00 feet passing the
northwesterly corner of aforementioned BLOCK 18R lrom which a tack in lead plug bears
N74036'06"W — T12 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
S15 T4'14"1N — 7.02 feet, and continuing another 30.00 feet, in all, a total distance of 970.00 feet
to the POINT OF BEGINNING and containing 53,40� square feet or 1.2259 acres o 1 more
or less.
• Bearings are based
upon
the
Plai
of Blocks
6R, 18R
in Volume 388-110,
Page
97,
Plat
Records,
Tarrant
DUNE 1, 2006
SHT. 1 of 2
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SCALE: 1' = 1000
Beorings are based upon the Plat of Blocks 6R, 18R,
and 20R, Fort Worth Originof Town Addition, os
recorded in Volume 388—ti0, Poge 97, P1ot Records,
7orront County, Texas.
LINE
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L4
N
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E
30.00
L5
N
60'00'00"
E
30.00
PIBURN'� PARTNERS, LLC
3445 Highland Rd. — Sui#e 205
0oflos, Texas 75Z28
ph: (214) 328-3500 fox: (214) 328-3512
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R.O. W. ABANDONMENT
Throckmorton Street
ADJACENT TO BLOCK 18R
411280 sq. ft. /a9477 ac.
FORT WORTH
TARRANT CO., TEXAS
BEING a 411280 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 N14036'06"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 611 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 S30000'00"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 N30000'00"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 S75024'14"E — 7.02 feet and continuing along the easterly line of said
BLOCK 18R and TRACT 5, PARCEL A, common with the westerly line of Throckmorton
Street, in all, a total distance of 768.00 feet to the POINT OF BEGIN . la7rd
containing 41,280 square feet or 0.9477 acres of land,l more or less. y'
• Bearings are based
upon
the
Plat of Blocks
6R,18R, and 2(
in Volume 388.110,
Page
97,
Plat Records,
Tarrant County,
JUNE 1, 2006
SHT. 1 of 2
Cr � -c0 • ��
JOiiv. �, F.Bt1RiJt J�.
0 3689 v : Q:i
��9��FESSIDv�A
UK,�
R.O.W. ABANDONMENT
Throckmorton Street
ADJACENT TO BLOCK 18R
41,280 sq. ft. / 0.9477 oc.
FOR T WORTH
SCALE., 1" = 100• TARRANT CO., TEXAS
W. WEATHERFORD ST.
to tack In lead plug
to lack in l - zug N 60'00�00� E
to lad, v, Icod p(V9
P.0.8. 80.00'
N 6oW'00' E - ioo.00'
ppL'
OLy
-
�no � �5
O
oa
�3 SO aqo u
e
�•i to
W. 1st Street — 0 — — gerz
vacated by &c*nance No. )rag p n wm. 6853, Pg. 1751 (£e:eme„i, a,mred) s W. 1st Street ��
Zn,�} m caled by ati+wnce No. 7188 Hi jnA
3 2.,
-sa a
Co z 0 z
r gg
7Q o'a n0
D QW do
€ o o
ag ��0 o m p Wig:
x� On oe So2x gi
v Z— aov
Z
ze t
goe�q V
> o
W. snd/7
W. 3RD STREET s
Bearings are based upon the Plat of Blocks 6R, 18R,
and 20R, Fort Wor[h Original Town Addition, os
recorded in Volume 388-110, Poge 47, Plot Records,
iorront County, Tezos.
Project No. 05122_P.8AN0
JUKE 1, 2006
SHT. 2 0/ 2
W. 2nd ST.
orr v rmr ,ww
y
5)52�'NT - 707'
le IxA h Na0 pNq
W
o
2MO'
PIBURN'� PARTNERS, LLC
3445 Highland Rd. — Suite 205
Dalios, Texas 75228
ph: (214) 328-3500 lox: (214) 328-3512
em oifCm a trosurve yor. corn
R.O.W. ABANDONMENT
W. Weatherford Street
ADJACENT TO BLOCK 18R
161000 sq. ft. / 0.3673 ac.
FORT WORTH
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 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 intersection of the northerly line of said W. Weatherford Street with
the westerly line of said Throckmorton Street, at the southeasterly corner of LOT 41
BLOCK 17, ORIGINAL TOWN OF FORT WORTH from which a tack in lead plug bears
S89 000'57"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 — T12 feet,
THENCE S60000'00"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 — T12
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 i 7;
THENCE N60000'00"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 POINT OF
BEGINNING and containing 16,000 square feet or 0.3673 acres of land, more or less.
• Bearings are based
upon
the
Plat
of Blocks
6R, 18R,
in Volume 388-i t o,
Page
97,
Plat
Records,
Tarrant
JUNE 1, 2006
SHT. 1 of 2
20R, Fort worth Original Town Additi,
ty, Texas.
i
f O
� Pl
JOR P16URNi JR HN
o 3689
9�;�FESS►�y��
SU
SCALE: 7" = 50'
LOT 1
TRACT 1
�Y GARAGE, L.P.
d Warranty Deed
_n t jf 0205178208 Ad(
321 W, B
PROPERTY
BLOC
ORIGINAL TC
FORT WC
LOT 2
R.O. W. ABANDONMENT
W. Weotherford Street
ADJACENT TO BLOCK 18R
16,000 sq. ft. / 0.3673 oc.
FORT WORTH
TARRANT CO., TEXAS
TNROCKMORTON STREET
80' R.O. W.
S89'00'57"E - 5.83' S 30'00'00" E Nt4'36'06"E - Z12'
to tack in lead plug O An nn, a �/ to tock in lead plug
a�7289 LOT 4
TRACT 4
TANDY GARAGE, L.P. F`
Limited Warranty Deed
nstrument J/ 0205178208
ST.
"H"
17
TRACT 3
N OF TANDY CARA6E. L.P.
L.W.D.
-1 Inst. t D205178208
LOT 3
TRACT 2
TANDY GARAGE, L.P.
Limited Warranty Oeed
instrument 1 0205178208
Bearings are based upon the Ptat of Blocks BR, 18R,
and 20R, Fort Worth Original Town Addition, as
recorded in Volume 388-170, Page 97, Plot Records,
Tarrant County, Texas.
Proiec! No. 05122_.48AN0
JUKE 1, 2006
SNT. 2 of 2
f
v N Address:
- a o ^ 100 THROCKMORTON ST.
,O a (3 c N PROPERTY ZONED: ' H"
�wva O
o a Z:t: E C) o BLOCK 18R
F o_ o ;! ~J^ c N FORT WORTH ORIGINAI
N TOWN ADDITION
W Vol. 388.110, Pg. 97
O O
O TRACT 5
O W O ieARCEL A
Q O PNL FOR ORTH, L.P.
O Special Worrol ty Deed
iD Instrument I D2073277
N 30'00'00" VV d! N74'36'06"W - 7.12'
80.00' to lock in lead plug
TAYLOR STREET
60' R.O. W.
PIBURI�[ � PARTNERS, LLC
3445 Highland Rd. — Suite 205
Doltos, Texas 75228
(214) 328-3500 fox: (274) 328-3512
emonOrn e trosurveyor.com
R.O.W. ABANDONMENT
W 3rd Street
ADJACENT TO BLOCK 18R
11 600 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 S75024'14"E —7.02 feet;
THENCE S30°0010011E along the westerly (ine 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 aforementioned
Taylor Street;
THENCE Mon °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 feet to
the POINT OF BEGINNING and containing 1,600 square feet or 0.0367 acres of land,
more or less.
• Bearings are based upon the Plat of Blocks 6R, 18R, and 20R, Fort Worth Original Town Addition, as recorded
in Volume 388-11�, Page 97, Plat Records, Tarrant County, Texas.
J�HN.R. P1BUftV� .JR
o Z68G ,
St 0 ��V,�O
1}R
JUKE 1, 2006
SHT. 1 of 2
SCALE: 1" = so'
R.O. W. ABANDONMENT
W. 3rd Street
ADJACENT TO BLOCK 18R
1,600 sq. ft. / 0.0367 cc,
FORT WORTH
TARRANT CO.. TEXAS
THROCNMORTON STREET
80' R. 0. W.
S75'24.14"E - 7.02'
to tack in lead plug
7RACT 5
PARCEL A
PNL FORT WORTH, L.P.
Special Warranty Deed
Instrument I D201322277
BLOCK 18R
FORT WORTH ORIGINAL
TOWN ADDITION
Vol. 388-110, Pg. 97
Address:
300 7HROCKMORTON ST.
PROPERTY ZONED: 'H0
S 30'00'00" E
8.00'
s15.24.14uw - 7.o2't� vN 30'00'DD" W
TAYL OR STREET to tack in tend plug a. oo'
60' R.O.W.
Bearings are based upon the Flot of Blocks SR, 18R, pjgUR1V � PARTNERS, L,L.0
and 20R, Fort Worfh Original Town Addition, os
recorded in Volume 388-710, Poge 97, Plot Recortls,
Tarrant County, Texas. 3445 Highland Rd. — Suite 205
Dollos, Texos 75228
Proiect No. os1:2_AeAND ph: (214) 328-3500 fox: (214) 328-3512
JUNE 1, 2006 emoil0metrosurveyor.com
SHT.2of2
EXHIBIT "C"
egal Description of Property Covered bYeplat
Lots 1, 2, and 3, Block 18R, Fort Worth Original Town, a Replat %J Lots 3 and 4, Block
17, Fort Worth Original Town Addition and Block 18R, Fort Worth Original Town Addition,
according to replat thereof recorded as Bee ent=Ne/labind A_, in the Real Property
Records of Tarrant County, Texas. f Q 11
EXHIBIT "C" -Legal Description of Property covered by Replat —Cover Page.
Dallas_] \4394864\I2
44062-1 10/5/2006
CITY OF FORT WORTH
1000 THROCKMORTON
FT WORTH TX 76102
Submitter: JAMES F MILLER
SUZANNE HENDERSON
TARRANT COUNTY CLERK
TARRANT COUNTY COURTHOUSE
100 WEST WEATHERFORD
FORT WORTH, TX 76196-0401
DO NOT DESTROY
��lRN/NO - THIS IS RT OF THE OFFIG9L REOORD.
For Registration
D206392348
12/13/2006 01:28 PM
D206392348
22 PGS
$96.00
ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR
RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
M&C Review
Page I of 2
COUNCIL ACTION: Approved on 10/31/2006
DATE: 10/31/2006 REFERENCE NO.:
CODE: C TYPE:
**C-21805
CONSENT
LOG NAME:
PUBLIC
HEARING:
C)ffic:iaE sate of E��e City of Ft�rt. Nh�� t(Z, �ex<�s
i r
��
�:•
�.
12PNLTANDY
NO
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 (C-21133).
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.
http://apps.cfwnet.org/council�acket/mc_review.asp?ID=6804&councildate=l0/31 /2006 6/1/2009
M&C Review
Page 2 of 2
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.
TO Fund/Account/Centers
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
PLAT SHT_ 1,pdf
PLAT SHT 2.pdf
FROM Fund/Account/Centers
Karen Montgomery (6222)
David Yett (7623)
David Yett (7623)
http://apps.cfwnet.org/council�acket/mc_review.asp?ID=6804&councildate=l0/31 /2006
6/1/2009