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Home My WebLink AboutContract 40233-A4 (2)OCT 14 2015 oil �ly t S RR NO'RTH FOURTH AMENDMENT TO BNSF RELOCATION AGREEMENT This FOURTH AMENDMENT TO BNSF RELOCATION AGREEMENT (this "Amendment") is between the City of Fort Worth (the "City") and the BNSF Railway Company ("BNSF") to be effective as of September 1, 2015. The City and BNSF are herein referred to collectively as the "Parties." WHEREAS, the Parties entered into that certain "BNSF RELOCATION AGREEMENT" effective May 17, 2010; as amended effective June 1, 2011, to extend the period during which to agree upon the BNSF Final Relocation Plans and the City Final Relocation Plans; as further amended effective December 15, 2011, to extend the period during which the Conditions Precedent will be satisfied, and to extend the period during which the remaining Relocation Work Contracts will be awarded; and as further amended effective June 12, 2013, to further extend the periods during which the Conditions Precedent will be satisfied and the remaining Relocation Work Contracts will be awarded, and to allow for conveyance of BNSF's interest in the Existing Main Line Segment North to the City subject to the rights, if any, of Hillwood Enterprises, L.P. ("Hillwood") or its affiliates or assigns (to allow for the Existing Main Line Segment North to be conveyed to the City or to General Electric Company) (as amended, the "Agreement"); WHEREAS, all terms used in this Amendment with initial capital letters shall have the meanings given to such terms in the Agreement; WHEREAS, the Parties desire to further amend the Agreement to clarify the property to be conveyed by BNSF to the City and the manner of closing of the conveyances; and NOW THEREFORE, in consideration of the mutual obligations of and benefits to the Parties set forth in this Amendment, the Parties agree as follows: 1. Exhibit "B" —Existing Main Line Segment North and South is hereby deleted in its entirety and replaced with the attached Exhibit "B" — Existing Main Line Segment No and South. The Parties agree and acknowledge that the description of the Existing Main Line Segment South shall include approximately 200 feet more property on the northern boundary of the Existing Main Line Segment South than originally intended in the Agreement, due to the need by the City for the property related to construction of the Eagle Parkway connection to Highway 156. Along with any other changes reflected in the attached Exhibit `B", the parties further agree and acknowledge that the description of the Existing Mainline North portion for the Highway 114, Highway 156 interchange is also modified from the original description to improve its accuracy. `Z 2. Section 10(c)(2) is hereby amended and replaced in its entirety as follows: Fourth Amendment to BNSF Relocation Agreement Page 1 of 4 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX "At the Second Closing, which shall be performed in phases, BNSF shall convey to the City BNSF's interest in the Existing Main Line Segments, and City shall pay to BNSF the cash portion for the BNSF Consideration at the first phase of the Second Closing. The first phase of the Second Closing shall occur no later than September 25, 2015 and BNSF, at its sole cost and expense, shall convey its interest in the portion of the Existing Main Line Segment South as depicted in the attached Exhibit "A" by a deed without warranty in the form attached as Exhibit "G" to the Property Transfer Agreement, which is itself Exhibit "A" to the Third Amendment to BNSF Relocation Agreement, subject only to the Permitted Exceptions as set forth on Exhibit "B" attached to said deed without warranty. Within ninety (90) days of the closing of the first phase of the Second Closing, BNSF shall place in escrow with the Title Company a fully executed Assignment and Assumption of Easement in the form attached as Exhibit "H" to the Property Transfer Agreement, which is itself Exhibit "A" to the Third Amendment to BNSF Relocation Agreement conveying to the City BNSF's interest in the remaining Existing Main Line Segments North ("Remaining BNSF Property"),subject to any rights of Hiliwood or its affiliates or assigns, and also subject to the Permitted Exceptions set forth on Exhibit "B" attached to said Assignment and Assumption of Easement and City shall execute the same evidencing its assumption per the terms of the assignment document. The escrowed transfer documents shall be released by the Title Company on July 1, 2016, upon notification in writing by the parties. The Second Closing is subject to the following conditions: The City acknowledges and affirms that BNSF may not hold fee simple title to such tracts, and that BNSF's interest in all or part of such tracts, if any, may rise only to the level of an easement for railroad purposes. The City expressly releases BNSF and its Related Entities from any claims that the City or its successors may have as a result of a relocation of the existing main line of rail running over or adjacent to such tracts or in any way relating to the conveyances described herein.. The conveyance of BNSF's interest in such tracts to the City by BNSF will be made in accordance with BNSF's standard procedures for conveyances of real property, including a release from the City of any claims against BNSF related to the presence of hazardous substances There will be no proration of ad valorem real property taxes. The City shall be responsible for all costs associated with Closing. In the event of any conflict between this Agreement and such standard procedures for conveyances of real property, this Agreement shall control, provided that if such standard procedures contain specific language pertaining to areas not addressed herein, such standard procedures shall control. The provisions of this paragraph shall survive the closing of the transactions described herein, and shall be binding on the successors and assigns of each party. Fourth Amendment to BNSF Relocation Agreement Page 2 of 4 3. Except as amended by this Amendment and any previous amendments (except as those may conflict with any term of this Amendment, in which case the terms of this Amendment control), the Agreement shall remain in full force and effect. This Amendment is executed by the parties to be effective as %J September 16, 20150 Fourth Amendment to BNSF Relocation Agreement Page 3 of 4 BNSF RAILWAN Y COMPANY aluelaware corporation By: Mgrk D. Ude AVP�Corpoirate Real Estate Development CITY OF FORT WORTH, a Texas municipal corporation By: Fernando Costa, Assistant City Manager APPROVED AS TO FORM AND LEGALITY: Leann Guzman, Assistant City Attorney ATTEST: Mary J. Kayser, City Secretary 4t" AMENDMENT TO RELOCATION AGREEMENT Page 4 of 4 IN or RAILWAY COMPANY, a Delaware corporation By: Name: Title: CITY OF FORT WORTH, a Texas municipal corporation By: ;I�ernand&CZe� Assistant Gfity Manager %-f56(s T. t04k� APPROVED AS TO FORM AND LEGALITY: ti IA Mary J. Kayser, CAYVII :,ter � � � •'�j¢ r. .1 4t�' AMENDMENT TO RELOCATION AGREEMENT Page 4 of 4 OFFICIAL RECORD CITY SECRETARY FTT, WORTH, TX =�% f I o i od Alswo"01% tvkp tA H I B TA a IimEt o . 6UAIES @f LF.3 hl T M v m. s TIA1Ei i CATEi iFILE* N 1 Ito No jet RO"C $MC la r,Sl 11"X17" Scale 1" = 200' 22" W Scale 1 Y = 100' M1b°5G`l�` 4o�x�C. AH,k �*p+ CITY CF fORT WOR(H 50 YBt AC 7ftACT DOC R 03d70163 Ctrr OF FORT WOFTH 617SSAC7WT COCAOY"s D.R,O�C,`, ! ALEV,NCEAUEPURT SOT 1, BLOCK' CAH. H, £L1�E OU' O Rtl.C7, /g LOT I, ELOCKi A_LVJi T4 K PC301 Ct01 T CAB ' P.ft,O T I eo AfA=RICANARUNE£ 1AE AW ENANCE CAB A, 09 P,ROctC.7. To: tTc Cily 0= ion Wo1n and Ra1dUn Yllia DCmlOny 7Ni 4 b rasrtlN Ina+Wr pnpvpiMnad Vw, uavaYal yliidt aw.Oasaotlwo motlo»►sdpMaA00vy1idM -fAnlw: $iwrcm,d b3laT ftorlu[mmas:c br ALTMAGBAS LarM TIJC SuIVEya: h0'VY eslahflshatl end aac�lad by ALTA aM N6P91i 2003, entl Ilcl,des Moms 1-" of Tablaq lhemat PumwMrone Acaamcy$landor&eosadopledby A! TAand NSPS a ul M WOO do the date OtWs mr-YesUon, andxretglmtl Allewaa.'DOW IV, is my prolesslonel opinbm as a [mid smww mpislamd In Via S1t16 at Teaaa,»e PeiatlYe P39160rel Aa fftyo'Pis survey loaf ml anted Vial wleoh R spied iod IhOMA a.GYUlaa fVlYer •m K KIaM R09wiereO PlOWr feSfEl Leto a $4eyar , � Tease RogRlretion Na b057 0 �Da:e signed: OFF t TH ALLIANCE NRPORT, LID . 5158; PC; r O VOL. 245 4PC 412 .2 4 TRACT 2 ape D v iC39 MOM 0 P D.C.T. PARCEL 2 y A PARCEL OF LAND ;. SITUATED IN G. OVERTON SURVEY ABSTRACT NO, 972 DENTON COUNTY, TEXAS pL1tYh 8�1 EK .i.. A.N.A. CONSUL'"ANTS, I..1..C, aa9 P. NO. r P•9 DATEI W-14-1a SOOU 7740mpson Tsru�c Osd+i. AD. s203:.0-eP2.d 44, "aikyrilk, Tdxas MOM �� ,�� B^ ORirn: 81T 33i99D0 ACF'=iCYEO BYr EK �a'I�iYaYEa��1 C• PbX: �h 17)135-9955 F WISM 05.11.14 SdT, th*.1 2OF3 n w i TIMEF a UATT* tFllEe AU.IANCB AIRPORT RUNWAY RATEIM N1 TRACTS BEING A PARCEL OF LAND SITUATED IN GREEHOGRRY OVERTON SURVEY, AB$TRACP NUMBER 972, IH DENTON COUNTY, TEXAS, UCENC A PORTION OF A,T, 6 S.F. RAILROAD RIGHT-OF-WAY (100 F007 WIDEI AND BEING MORE PARTTCULARLY DESCRIBED BY Ml=ll AND EOUNDS AS FOLLOWST BECINNTh'G A7 A 5/8 INC11 IttCN FOUND FOR YHE SODTNI9EET CORNER OF A 244,518 ACRC TRACT OF LAND AS CONVEYED BY DEED TO AIL INVESTMENT, L,P„ A TEXAS LIMITED PARTNERSHi P, RCCORDEO IN DOCUMENT NUMBER 98-137491, DEED RECORDS, DENT014 COUNTY, '.TEXAS, AND THE NORTHWEST CORNER OF A 3,667 ACRE TRACT AS CONVEYED TO AIL INVESTMENT, L,P., A TEXAS UNITED PARTNERSHIP, BY DEED RECORDED IN DOCUMENT NUMBER 90-177438, DEED RECORDS, DENTON COUNTY, TEXhS,IN THE EASTRRLY RIGHT-OF••HAY LINE OF SAID A,T.6 S,F, RAILROAD I100 FOOT MUSH; THUxCg SODTN 23 DEGREES 44 NTNDTKS 12 SECONDS NEST, 13d3.33 FEET WITH 'lHC EASTERLY 1771E OF SAID A.T.F S.f, ItAILROAO RIGHT-OF-WAY TO A 5/0 INCH IRON WITH CAP STAMPED "ANANS97 FOR THE. SOUTH CORNER OF HEREIN DESCRIBED TRACT; 4HENCE NOFTII b6 DEGREES 17 MINUTES DI SIiCON06 WESTr 99-89 IEET TO A 5/8 37iClt IRON WITy CAP STNiPED "RNA"SET FOR THE HEST CORNER OF HEREIN DESCRIBED TRACT AND MING IN THE COMMON LINE OF SAID A.T.I: S•F. RAILROAD RIGHT-()l'-NAY AND T,M, 116 HIGHWAY IVARIABLE HIDTH RIGHT-OT-NAY} AS TRANSFERRED TO THE CITY OF FORT WORTH IN DOCUMENT NUMBER 2010-1255441 DERD RECORDS, DENTON COUNTY, TEXA£r 2}III]C9 NORTH 23 UEGRF.ED d? MINUTES 59 SECONDS EAST, 4283. 30 FEET WITH ?HE C.ilMMON LINE OF SP.70 A.T,6 S.F', RAILROAD R117HT-OF-WRY AHD SAID F.M. 15G HIGHWAY TO A 518 1HUH IRON WITH CAP STAMPED "ANA"SET; 7HENCe 60UT11 66 DEGREES 27 MINUTES 37 6EC01]DS FAST, 12,19 FEET 9`O A 5!8 TH[II IRON HITII CAP DTRMPED ^ANA"CET FUR 9'HE BEGINNING OF A CURVE TO THE LEFTI THEMES 354.39 FEET WITH THE A7C OF SAID CURVE TO THE LEFT THROUGH A CENTRAL, ANGLE Of 20 DEGItERS 50 NTHUTRS 42 SECONDS WITH A RADIUS OF 703,94 FEET, A TANGENT LENGTH CF 181,04 MET AND A CHORD WHICH HEARS SOUTH 08 DEGREES 59 MINUTES 36 SECONDS WESTr 350.66 FEET TO A 510 INCil IRON HLTH CAP STAMPED "ANA" SET III THE EAST LIUC OF SAID A,T'.6 S,F. RAILROAD RIGHT-OF-WAY AND THE NEST LINE OF SAID 2444518 ACAS TRACT: 77iENCE SOUTH 23 DEGREES 44 MINUTES 91 SECONDS WEST, 580.06 FEET 70 'PRE HOINT CF eGGY1D1[NG A1]D C017TA iNING 400, 587 SQUARE' FEET OR 9.3797 ACRE OP LAtip MORE OR LESS. 6Y Paehte FtaN Bls id6}aCi IXeytdiyapp¢en b W In Zma X, ml Fheded, (area Jelxtlnlned lu avl6Ne 5p0•Iasr Dwdpnlni eoeordrnp to Ins FTlM flood MRemco Bale Mey Ior DVntan Cowy. Texas. Rama Nv.d90 0l 760, Mey Nga8111C0a000, nHevd Apo 1p, 2017. NOTE: SURVEYED ON 7H8 GROUND HOVEMBER 201I NMe:Oeu]npe era ralatAv q 71up ryoRA �alydAod Lvnl GbtW Po6laonatp $atNRe 5yalun (GP8} OOCEnvdibns, Ibtlh Amariun Datum, 7003 (NAD'a3). Texas Norte CertrN Zara. ilo[e: In aaardsnee calh kW Tems BomJ of Pra(eabonel Loral 9ulvaliay 0¢n¢,.1 Rae, of Pmn:eures ad Pratl'eoe. 889.19(7},'TFq d4atl ncevmarrtt en nM rrctuwly u,e arrantacmma U11a eubled pmptrly, bul ere Inc daWnnenb tanldnUp Uw da4c4PYon� Klha aourAarka ec wrvoyed.' OATFj 06-14•'a OG+y MS, r 120350-P2. d� AfFROVEO BYe E1( o.orni~I! VIIV[Y PARCEL 2 A PARCEL OF LANp SITUATEp IN G, OVERTON %Dk Y ABSTRACT NO.972 DENTON COUNTY, TEXAS A.N,A, C(3A'SULTANTS, L.L G. RDW a,rac'•P•z SOOU T�mn eon Terrnce Cal.eyv{Ik,(Fnxaa TSHIa � �. � Il0000Oo Oilic;: (8171333 �900 Fa:: (817)335A955 5W, tap, r 3 OF 3 BNSF ALLIANCE AIRPORT RUNWAY 9.3797 ACRE TRACT SITUATED IN EXTENTION PROJECT GREENBERRY OVERTON SURVEY, A-972 PARCEL-2 IN DENTON COUNTY GF No:0000000000 TRACT-2 REAL PROPERTY DESCRIPTION BEING A PARCEL OF LAND SITUATED 1N GREENBERRY OVERTON SURVEY, ABSTRACT NUMBER 972, IN DENTON COUNTY, TEXAS, BEING A PORTION OF A.T. & S.F. RAILROAD RIGHT-OF- WAY (100 FOOT WIDE) AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8 INCH IRON FOUND FOR THE SOUTHWEST CORNER OF A 244.518 ACRE TRACT OF LAND AS CONVEYED BY DEED TO AIL INVESTMENT, L.P., A TEXAS LIMITED PARTNERSHIP, RECORDED IN DOCUMENT NUMBER 98-117441, DEED RECORDS, DENTON COUNTY, TEXAS, AND THE NORTHWEST CORNER OF A 3.667 ACRE TRACT AS CONVEYED TO AIL INVESTMENT, L.P., A TEXAS LIMITED PARTNERSHIP, BY DEED RECORDED IN DOCUMENT NUMBER 98-1174381 DEED RECORDS, DENTON COUNTY, TEXAS,IN THE EASTERLY RIGHT-OF- WAY LINE OF SAID A.T.& S.F. RAILROAD (100 FOOT WIDE); THENCE SOUTH 23 DEGREES 99 MINUTES 12 SECONDS WEST., 3343.33 FEET WITH THI EASTERLY LINE OF SAID A.T.& S.E. RAILROAD RIGHT-OF-WAY TO A 5/8 INCH IRON WITH CAP STAMPED "ANA" SET FOR THE SOUTH CORNER OF HEREIN DESCRIBED TRACT; THENCE NORTH 66 DEGREES 17 MINUTES 01 SECONDS WEST, 99.89 FEET TO A 5/8 INCH IRON WITH CAP STAMPED "ANA" SET FOR THE WEST CORNER OF HEREIN DESCRIBED TRACT AND BEING IN THE COMMON LINE OF SAID A.T.& S.F. RAILROAD RIGHT-OF-WAY AND F.M. 156 HIGHWAY (VARIABLE WIDTH RIGHT-OF-WAY) AS TRANSFERRED TO THE CITY OF FORT WORTH IN DOCUMENT NUMBER 2010-125544, DEED RECORDS, DENTON COUNTY, TEXAS; THENCE NORTH 23 DEGREES 92 MINUTES 59 SECONDS EAST, 4263.30 FEET WITH THE COMMON LINE OF SAID A.T.& S.F. RAILROAD RIGHT-OF-WAY AND SAID F.M. 156 HIGHWAY TO A 5/8 INCH IRON WITH CAP STAMPED "ANA" SET; THENCE SOUTH 66 DEGREES 27 MINUTES 37 SECONDS EAST, 12.19 FEET TO A 5/8 INCH IRON WITH CAP STAMPED "ANA" SET FOR THE BEGINNING OF A CURVE TO THE LEFT; THENCE 354.39 FEET WITH THE ARC OF SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 28 DEGREES 50 MINUTES 92 SECONDS WITH A RADIUS OF 703.99 FEET, A TANGENT LENGTH OF 1B1.04 FEET AND A CHORD WHICH BEARS SOUTH 08 DEGREES 59 MINUTES 36 SECONDS WEST, 350.66 FEET TO A 5/8 INCH IRON WITH CAP STAMPED "ANA" SET IN THE EAST LINE OF SAID A.T.& S.F. RAILROAD RIGHT»OF-WAY AND THE WEST LINE OF SAID 244.518 ACRE TRACT; 'THENCE SOUTH 23 DEGREES 44 MINUTES 41 SECONDS WEST, 580.86 FEET TO THE POINT OF BEGINNING AND CONTAINING 908,581 SQUARE FEET dR 9.3797 ACRE OF LAND MORE OR LESS. A.N.A. Consultants, L.L.G. 5000 Thompson Terrace Colleyville, TX 76034 Page I of 2 REVISION: 08-I l -14 BNSF 9.3797 ACRE TRACT SITUATED IN GREENBERRY OVERTON SURVEY, A-972 IN DENTON COUNTY ALLIANCE AIRPORT RUN�TJAY EXTENTION PROJECT PARCEL-2 GF No:0000000000 Note: Surveyed on the ground October 20L3. Note: Bearings are relative to True 'qor=h obtained from Global Positioning Satellite System (GPS) Observations, North American Datum 1983 (NAD '83), Texas State Plane Coordinate System, North Central Zone. Note: In accordance with the ^exas Board of Professional Land Surveying General Rules of Procedures and Practices, 663.19',9), this "Report" consists of the Real Property Description included herein and the Map of Survey attached herewith. Note: In accordance with the Texas Board of Professional Land Surveying General Rules of Procedures and Practices, 663.19(7), "The cited instruments are not necessarily the current owners of the subject property, but are the documents containing the descriptions of the boundaries as surveyed. A.N.A. Consultants, L.L.C. 5000 Thompson Terrace Calleyville, TX 7603� GkSTht,`. s. FDWAK K, KHALIL a� \cy�Q;aCs 4ip�l% Page 2 of 2 REVISION; 0$-I1-1�J Exhibit "B" County: Denton Page 1 of 4 Parcel: 19RR February 2013 Highway: S.H.114 Project Limits: S.H. 114 at FM 156 Interchange CSJ: 0353-02-068 LEGAL DESCRIPTION FOR PARCEL 19RR BEING a 374,335 square foot tract of land situated in the Jeremiah Ivy Survey, Abstract No. 649, and the R. Matany Survey, Abstract No. 878, Denton County, Texas, being all of that tract of land described in deed to The Gulf Colorado & Santa Fe Railway Company (currently known as Burlington Northern & Santa Fe Railroad), as recorded in Volume 31, Page 342 of the Deed Records of Denton County, Texas (D.R.D.C.T.), and being all of that tract of land described in deed to The Gulf Colorado and Santa Fe Rail Road Company, as recorded in Volume 30, Page 519, D.R.D.C.T., and being more particularly described as follows: COMMENCING at a point, having NAD 83 {1993) Texas State Plane North. Central Zone 4202 surface coordinates North=7,061,423.7028 feet, East=2,334,133.9649 feet for the southwest corner of Lot 2R, Block 1 & Lots 5 & 6, Block A, Speedway Distribution Center; an addition to the City of Fort Worth, Denton County, Texas, as recorded in County Clerk's Document Number 2011-218 of the Plat records of Denton County, Texas (P.R.D.C.T.), said point being in the existing southeasterly right -of --way line of Burlington Northern & Santa Fe Railroad (variable width right - of --way), said point also being on the west line of said Industrial tract, from which a found V2-inch iron rod with cap stamped "GOODWIN&MARSHALL", bears North 77 degrees 00 minutes 19 seconds West, a distance of 0.25 feet; THENCE Sou#h 12 degrees 59 minutes 45 seconds West, along said existing southeasterly righ#-of- way line of Burlington Northern &Santa Fe Railroad and along said west line of Industrial tract, a distance of 422.70 feet to a 5/8 inch set iron rod with Aluminum, having NAD 83 -(1993) Texas State Plane North Central Zone 4202 surface coordinates North=7,061,011.8314 feet, East=2,334,038,9082 feet for the POINT OF BEGINNING, said point being at the intersection of said existing southeasterly right -of --way line of Burlington Northern & Santa Fe Railroad with the new northeasterly right -of --way line of State highway 114 (S.H.-114) and the northeast corner of the herein described tract;** 1) THENCE South 12 degrees S9 minutes 45 seconds West, continuing along said existing southeasterly right -of way line of Burlington Northern &Santa Fe Railroad, a distance of 142.74 feet to a point for corner, from which a found fence post bears South 69 degrees 18 minutes 46 seconds East, a distance of 1.77 feet and a 1/2-inch found iron rod with cap stamped "GOODWIN & MARSHALL" bears South 44 degrees 06 minutes 19 seconds West, a distance of 0.52 feet; Z) THENCE South 69 degrees 18 minutes 42 seconds East, continuing along said existing southeasterly right -of --way line of Burlington Northern &Santa Fe Railroad, a distance of LD�8 5936 (6819RR).doc Exhibit �iBn County: Denton ?Mel* 19RR Highway: S.H.114 Project Limits: S.H. 114 at FM 1561nterchange CSJ: 0353-02-068 Fage 2 of 4 February 2013 25.23 feet to a point for coiner, from which a found wooden fence post bears South 69 degrees 18 minutes 46 seconds East, a distance of 0.32 feet; 3) THENCE South 12 degrees 59 minutes 45 seconds West, continuing along said existing southeasterly right -of --way line of Burlington Northern & Santa Fe Railroad, a distance of 522.68 feet to a 1/2Anch set iron rod with cap stamped "HALFF" (hereinafter referred to as "with cap") for corner; 4) THENCE South 89 degrees 51 minutes 03 seconds East, continuing along said existing southeasterly right-of-way line of Burlington Northern & Santa Fe Railroad, a distance of 25.70 feet to a 1/2-inch set iron rod with cap for corner; 5) THENCE South 12 degrees 5$ minutes 44 seconds West, continuing along said existing southeasterly right-of-way line of Burlington Northern & Santa Fe Railroad, a distance of 1,251.68 feet to a 1/24nch found iron rod for comer; b) THENCE South $9 degrees 3b minutes 09 seconds West, continuing along said existing southeasterly right -of --way line of Burlington Northern & Santa Fe Railroad, a distance of 25.65 feet to a 1/2-inch found iron rod for corner; 7) THENCE South 12 degrees 58 minutes 37 seconds West, a distance of 298.02 feet to a point for the southeast corner of the herein described tract, from which 1/2-inch found iron rod bears South 48 degrees 35 minutes 50 seconds West, a distance of 0.97 feet; 8} THENCE North 77 degrees O1 minute 24 seconds West, a distance of 150.00 feet to a inch set iron rod with cap for the southwest comer %J the herein described tract; 9) THENCE North 12 degrees 58 minutes 37 seconds East, along the west line of herein described tract, a distance of 262.36 feet to a 1/2-inch set iron rod with cap for corner; 10) THENCE South 89 degrees 36 minutes 09 seconds West, continuing along the west line of herein described tract, a distance of 25.74 feet to a 1 /2-inch set iron rod with cap for comer; 11) THENCE North 12 degrees 58 minutes 44 seconds East, continuing along the west line of herein described tract, a distance of 1,253.70 feet to a 1/2�inch set iron rod with cap for corner; 12) THENCE South 89 degrees 51 minutes 03 seconds East, continuing along the west line of herein described tract, a distance of 51.21 feet to a 1/2-inch set iron rod with cap for corner; LD_8_5936 (6819RR).doc Exhibit County: Denton Parcel: 19RR Highway: S.H. 114 Project Limits: S.H. 114 at FM 156 Interchange CSJ: 0353-02-068 Page 3 of 4 February 2013 13) THENCE North 12 degrees 59 minutes 45 seconds East, continuing along the west line of herein described parcel, a distance of 697.31 feet to a 1/2-inch set iron rod with cap for the northwest corner of the herein described tract; 14) THENCE South 77 degrees 00 minutes 15 seconds East, a distance of 100.00 feet to the POINT OF BEGINNING AND CONTAINING 374,335 square feet or 8.5936 acres of land, more or less. * * The monument described and set in this call, if destroyed during construction, may be replaced with a TxDOT Type II Right of Way Marker upon the completion of the highway construction project under the supervision of a Registered Professional Land Surveyor, either employed or retained by TxDOT, Basis of Bearing is NAD 83 (1993) Texas State Plane North Central Zone 4202 as observed by GPS from TxDOT station R0610208. Convergence angle at 'R0610208 ' is + 00 degrees 36 minutes 08.1 seconds as computed by Corpscon for Windows Version 6.0. All coordinates shown are surface and may be converted to grid by dividing by the conversion factor of 1.000150630. Access to the transportation facility from the adJacent property is controlled in accordance with the TXDOT Access Management Manual dated July 2011, or as updated by TXDOT. I, Vasileios Kalogirou, a Registered Professional Land Surveyor, hereby certify that the legal description hereon and the accompanying plat of even date represent an actual survey made on the ground under my supervision. VASILEIOS KALOGIROU REGISTERED PROFESSIC TEXAS NO.6205 AL LAND SURVEYOR �3 LD_8_5936 (6819RR).doc 0' 200' 400' B00' 1 GRAPHIC SCALE N S W, • PROPOSED OfRUNAGE . EASEMENT. Y0T 1.Bi.00K LNOR7HlEST IS.] cae. u PG.1ea PJ?J),C,T. NORTHWEST YO�DE EVENT Slo 995a DJWAC.T. 374,335 S0. FT. 8.5936 ACRES S89'36'09"W 25.74' .31 M ktpJ� M N12'S8'37'E 262.36' v:• W/CAPMMI LEGEND N77*01'24"W—i 150*0000 EXISTING RIGHT OF WAY LINE ��•� PROPERTY LINE — (•� rC.Yd COUNTY LNE -- DENIAL OF ACCESS LINE 111 ACCESS IS PROHBITED ACROSS THE DENIAL OF ACCESS LINE SURVEY LINE FENCE LINE -•--X X •-- CITY LUIS--------- EASEMENTS --- — -- - RA LI%OAD 1 / STRUCT E N SET AA • SET TXDOT ALULWIN I DISK ON TOP OF A %AAA IRON RW FRO AA,. FOI}O Tu00T ALIINtAm DISX ON TOP OF A % NCH IRON ROB v Ve FIR W/CAP . j FOLIO OD IRON RWITH YEILOR PLASTIC CAP 'N F ASSOC, NCJ FIR • FOLIO IRON ROD EXHIBIT" s" PARCEL 19RR u -- Lor 2R. BLOCK 1 6 0.25' LOTS b A. 6 BLOCK A SPEEDWAY , TRRIBUTION CENTECC 2011oACI CA9TERi GAS Rr TRACT( aTH RNa NC AV, pQINT OF �ouRr 1 .4�raP01?,4 ' BBCsINNING 1 tfi° WII {: 1 %" N■9,061,011.831� E■2,334,038.4082 CAI (�:CAP SE S12'59'45'W TDEVELOPMENTSAS. 142o74' `C OA TS15 S69`18'42`E NSA M .q�M FENCE POSTBEAR1 C; f 1A� XipED h3T.0.lMAI STATE TEXAS S12"59'45" �T NATION P'G'EI.NES DRUG 2011 EASEMENT 522-68" O �9 � �I 0807 IS.0 Sy DTRAN�Po SITE7[aP 04H S E4S Osp ( TRACT ACAI 2007CAI PC V oL: rx E c - ..�•., A � �I ` a�W °� PARTNERS, LP.4 , ;' �� ROANOISE 35/114 • yti 60 PARTNERS Li't cq+ ilia / y� Z04CLOTM21�21 ; VARUBLE MDTH 7EAAPOWRATRYRCOIfSLINE TR�UCtiON ` eat EASEMENT to STATE OF TEXAS CC 8T-ROOb657.9;:- CC 2006-152bS0 Or@A O•�i� _ _ O'ARCEL 9 d-•�-'•� •q� NEW R0.T1. ^golopI -•• LINE OJo AtPei / SUBORDINATION OFf � LIEN AGREEMENT (PERMANENT EASEMENT$ • ` CC 2010-29OT4 /=Y��`\ BEECHWOOD PORTFOLIO NVE51IMENTS, III ` 2010-72091 \\�\ �— S89036009"W\\ Ca1.1 25.65 12"581"1 298.02" ��0•a�� A. G� S+e'15•bO=%0,9r Bosls of Bearinq is NAO 83 t1993) Texas State Plane North CentrolZone 4202 os observed by GPS from TxDOT atotlon 'R0610208'. Convergence angle of � •� 'R0610208' Is + p0 dep-ees 36 m)nuteo 08.1 seconds Q. �gTF•• as Computed by Corpscon for Windows Version �.•4,0 R%•.. 6.0 A1lcoordinotes shown are surface and may n9:Q * O•;ti� booconverted 1,00to grl0. by dtvldlnq by the conversion ...t.......... ..t.... vASIL[IOSKALocIRou A PLAT OF A SURVEY OF A 374,335 S0. FT. TRACT OF LAND �oAt 1'°�+�ss��`•'•�`O� IN THE tip3pHl MATANY SURVEY, ABSTRACT No. 878, JEREMIAH IVY SURVEY, ABSTRACT No. 649 AND BEING IN THE CITY OF FORT WORTH g Lv , CONTROL IJOMIMFJ1i $rs" B e�CEN AN ON TTW HS GROUND SURVEY DENTON COUNTY, TEXAS CC •COMITY CLERKS DOCUMENT N0. YAOE IY10EA YY St>PERVIS10N AND, o •• THE MDNtA1ENi DESCRIBED AID SET N THIS CALL. IF 70 THE aCSST OF NY KNOWLEDGE, Qt% q /4 DESTROYED DURING CDNSTRUCTION.MAY BE REPLACED IS TRUE APO CORRECT,� w WITH A TXDOT TYPE FRIGHT OF WAY MARKER UPON THE �/� rhunu RY. CII In COMPLETION OF THE NORWAY CONSTRUCTION PROJECT A' '�Af �� "� UNDER THE SUION PERVISOF A REOMUREO PBOF'ESSM*L VAST KALOGROU. R.P,I..S. TEXAS No. 6205 PATE �d LAND SURVEYOR EITHER EMPLOYED OR RETAINED BY TXDOT, PARCEL 19RR CSJ:0353-02-068 11 • •RA= COUNCIL ACTION: Approved on 5/4/2010 DATE: Tuesday, May 04, 2010 REFERENCE NO.: C-24205 LOG NAME: SSAFW RELOCATION AGREEMENT SUB.IECT: Authorize the Execution of an Agreement with Burlington Northern Santa Fe Railway in an Amount Up to $95,000,000.00 for the Design and Construction of the Relocated Railroad Mainline and Connector Track and Conveyance of Right —of —Way to the City for the Alliance Fort Worth Airport Runway Extension Project (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an Agreement with Burlington Northern Santa Fe Railway in an amount up to $95,000,000.00 for the design and construction of the relocated railroad mainline and connector track and conveyance of right of way to the City for the Alliance Airport Runway Extension Project. DISCUSSION: On September 18, 1992, (M&C C-13529) the City Council approved an Agreement with Burlington Northern Santa Fe Railroad (BNSF) for right of way acquisition, design and construction of a relocated mainline and connector track and conveyance of right of way to the City to allow for the Fort Worth Alliance Airport Runway Extension. Due to the unavailability of funds at that time the project was not completed. Commencing in 2001, the Federal Aviation Administration (FAA) has issued a series of annual grants for the Runway Extension Project. In addition, funding from other sources including Tarrant County Bond Funds, a United States Department of Transportation (USDOT) earmark and State Highway 121 Toll Road Funds as approved by the Regional Transportation Commission have allowed this project to move forward. Sufficient funds are now available to move forward with the railroad relocation portion of the project. The Agreement between BNSF and the City requires the City to acquire the necessary right—of—way for the relocated mainline and connector track and for BNSF to design and construct the relocated mainline and connector track. BNSF will be reimbursed for the cost of design and construction. Upon completion of the relocated mainline and connector track BNSF will convey certain portions of the abandoned mainline to the City. The funding sources will be a combination of the Texas Department of Transportation Advanced Funding Agreement ($80,000,000.00) and FAA Discretionary Grants (up to $5153003000.00). This project is located in COUNCIL DISTRICT 2, Mapsco 7P. FISCAL INFORMATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Airports Grant Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers GR14 539120 055302388800 GR14 539120 055218265300 GR14 539120 055218265800 GR14 541200 055218339800 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Kent Penney (5403) Additional Information Contact: Ruseena Johnson (5407) ATTACHMENTS 1. SSAFW RELOCATION AGREEMENT Main Track Relocation rev2.pdf 2. Available Funds SSAFW Relocation Agreement.pdf �80.000.000.00 �2.000,000000 $3.000.000.00 10.000.000.00