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HomeMy WebLinkAboutContract 40934 (2)EXCHANGE AGREEMENT STATE OF TEXAS COUNTY OF TARRANT CffYSEcJy CONTRACT NO._ This Exchange Agreement ("Agreement") is made by and between the City of Fort Worth, Texas, a home rule municipal corporation organized under the laws of the State of Texas "City"), and Bear Creek Plaza, Ltd., a Texas limited partnership ("Bear Creek"). WHEREAS, in connection with the modifications of Golden Triangle Boulevard and Old Denton Road (the "Project"), City and Bear Creek are exchanging real property, pursuant to plans prepared by City and the mutual interests of the parties. WHEREAS, City is or will be the owner of, and has or will have the right to convey, that certain approximately 1.53 7 acre tract, as more particularly described on Exhibit "A" attached hereto and made a part hereof (the "Surplus ROW"); and WHEREAS, City requires from Bear Creek, as additional property for the Project, that certain approximately 1.312 acre tract, as more particularly described on Exhibit "B" attached hereto and made a part hereof (the "Additional ROW"); and WHEREAS, City and Bear Creek have proposed and the parties are considering the conveyance of the Additional ROW in exchange for City's conveyance of the Surplus ROW to Bear Creek; and WHEREAS, the Surplus ROW has a present fair market value that is less than the present fair market value of the Additional ROW that is being conveyed by Bear Creek pursuant to this Agreement; and WHEREAS, City will convey the Surplus ROW pursuant to Section 272.001(b)(3) of the Texas Local Government Code; and rr NOW, THEREFORE, in consideration of the above premises, the parties hereto !agree as follows: 1. Subject to the terms, provisions, and conditions set forth in this Agreement, Bear Creek agrees to convey to City the Additional ROW, together with all and singular the rights and appurtenances pertaining to the Additional ROW, including any right, title, and interest of Bear Creek in and to any improvements, fixtures and personal property situated on and attached to the Additional ROW. The consideration to Bear Creek for the purchase of the Additional ROW by City is (a) the conveyance by City of the Surplus ROW to Bear Creek as provided herein and (b) City's obligations under Paragraphs 15 and 16 below. Subject to the terms, provisions and conditions set forth in this Agreement, City agrees to convey to Bear Creek the Surplus ROW, together with all and singuTai� the rights and appurtenances pertaining to the Surplus ROW, OFFICIAL RECORD CITY SECRETARY 1 905992_6 5829702v, Ft WORTH, TX together with all and singular the rights and appurtenances pertaining to the Surplus ROW, including any improvements, fixtures and personal property situated on and attached to the Surplus ROW. The consideration to City for the purchase of the Surplus ROW by Bear Creek is the conveyance by Bear Creek of the Additional ROW to City as provided herein. 2. City may obtain at City's sole cost and expense (a) a Commitment for Title Insurance and Title Policy ("Additional ROW Title Commitment") from Republic Title of Texas, Inc., 420 Throckmorton, Suite 640, Fort Worth, Texas 76102 (the "Title Company"), setting forth the status of the title of the Additional ROW and showing all encumbrances and other matters, if any, relating to the Additional ROW, and (b) a survey of the Additional ROW ("Additional ROW Survey"). 3. If the Additional ROW Title Commitment or the Additional ROW Survey disclose any encumbrances or other matters that are not acceptable to City in City's sole discretion, then City shall give Bear Creek written notice thereof within fifteen (15) days after receipt of the Additional ROW Title Commitment, all documents referred to in the Additional ROW Title Commitment or the Additional ROW Survey, specifying City s objections ("City Obiections"), if any. If City gives such notice to Bear Creek, Bear Creek may, but shall be under no obligation to, cure such City Objections prior to the Additional ROW Closing Date (as defined herein). 4. If City gives notice of City Objections and Bear Creek does not (a) cure the City Objections, (b) cause the Additional ROW Title Commitment to be amended to give effect to matters that are cured, and (c) give City written notice thereof within the fifteen (15) day period following receipt of the notice from City ( "City Cure Period"), City shall have the right either (i) to terminate this Agreement by giving written notice thereof to Bear Creek at any time after the expiration of such City Cure Period and neither party hereto shall have any further rights or obligations hereunder; or (ii) to waive the City Objections and consummate the purchase of the Additional ROW subject to the City Objections which shall be deemed to be permitted encumbrances. Notwithstanding the foregoing sentence, if Bear Creek has commenced curing the City Objections and is diligently prosecuting the same, as determined by City in City's sole discretion, then City, in City's sole discretion, may extend the City Cure Period for an amount of time City deems necessary for Bear Creek to cure the same. 5. City shall be responsible for and shall pay the costs of title insurance and other normal closing costs upon the transfers which are related to the conveyance of the Additional ROW by Bear Creek to City and to the conveyance of the Surplus ROW by City to Bear Creek. Such title insurance shall be in a form and with title exceptions reasonably acceptable to City. City will pay all reasonable title curative expenses incurred in transferring title to the Surplus ROW from City to Bear Creek, after review and approval of same. 6. Bear Creek may obtain at Bear Creek's sole cost and expense (a) a Commitment for Title Insurance and Title Policy ( `Surplus ROW Title Commitment") from the Title Company, setting forth the status of the title of the Surplus ROW and showing all encumbrances and other matters, if any, relating to the Surplus ROW, and (b) a survey of the Surplus ROW ("Surplus ROW Survey"). 2 7. If the Surplus ROW Title Commitment or the Surplus ROW Survey disclose any encumbrances or other matters that are not acceptable to Bear Creek in Bear Creek's sole discretion, then Bear Creek shall give City written notice thereof within fifteen (15) days after receipt of the Surplus ROW Title Commitment, all documents referred to in the Surplus ROW Title Commitment or the Surplus ROW Survey, specifying Bear Creek's objections (` Bear Creek Obieetions"), if any. If Bear Creek gives such notice to City, City may, but shall be under no obligation to, cure such Bear Creek Objections prior to the Surplus ROW Closing Date (as defined herein). 8. If Bear Creek gives notice of Bear Creek Objections and City does not (a) cure the Bear Creek Objections, (b) cause the Surplus ROW Title Commitment to be amended to give effect to matters that are cured, and (c) give Bear Creek written notice thereof within the fifteen (15) day period following receipt of the notice from Bear Creek (` Bear Creek Cure Period"), Bear Creek shall have the right either (i) to terminate this Agreement by giving written notice thereof to City at any time after the expiration of such Bear Creek Cure Period and neither party hereto shall have any further rights or obligations hereunder; or (ii) to waive the Bear Creek Objections and consummate the purchase of the Surplus ROW subject to the Bear Creek Objections, which shall be deemed to be permitted encumbrances. Notwithstanding the foregoing sentence, if City has commenced curing the Bear Creek Objections and is diligently prosecuting the same, as determined by Bear Creek in Bear Creek's sole discretion, then Bear Creek, in Bear Creek's sole discretion, may extend the Bear Creek Cure Period for an amount of time Bear Creek deems necessary for City to cure the same. 9. Any title insurance relating to the Surplus ROW shall be in a form and with title exceptions reasonably acceptable to Bear Creek. 10. On the date that is sixty (60) days after the Effective Date (as defined herein) (such date, the "Additional ROW Closing Date"), Bear Creek shall execute a deed in the form attached hereto as Exhibit "C" (the "Bear Creek Deed"), conveying the Additional ROW to City} and shall deliver it to the Title Company for recording. 11. The Surplus ROW shall not become eligible to be declared surplus by City until after completion of the Project. It is estimated that the completion date will occur on or before June 12, 2012. City, at its earliest opportunity after the Surplus ROW becomes eligible to be so declared, will use its best efforts to obtain approval from City's City Council for the vacation of the Surplus ROW. Within ten (10) days following the date upon which such vacation of the Surplus ROW occurs (such date, the "Surplus ROW Closing Date"), City shall execute a deed in the form attached hereto as Exhibit ` D" (the `City Deed' ), conveying the Surplus ROW to Bear Creek, and shall deliver it to the Title Company for recording. 12. The Surplus ROW shall be conveyed to Bear Creek subject to (a) a twenty -foot (20') easement for an existing ten -inch (10") sanitary sewer line which extends along the Golden Triangle Boulevard right-of-way as depicted in Exhibit "E ' attached hereto and (b) an electric utility easement for the existing overhead electric utility within the Surplus ROW as depicted on Exhibit "F" attached hereto. 3 5829702v.1 13. The Surplus ROW presently is improved with roadway structures constructed thereon in connection with the existing Golden Triangle Boulevard Prior to conveyance of the Surplus ROW to Bear Creek, all roadway paving and other surface roadway facilities shall be removed at the sole cost and expense of City. This Paragraph shall survive the closings contemplated herein for all purposes. 14. Bear Creek shall not be obligated for any fees, assessments or costs for the Project. Phis Paragraph shall survive the closings contemplated herein for all purposes. 15. City shall construct, or cause to be constructed, a median opening in Golden Triangle Boulevard in the location depicted on the plan attached hereto as Exhibit "G". City shall allow complete and unrestricted access, ingress and egress to and from Bear Creek's property by way of this median opening. That is access to Bear Creek's property shall not be limited in any way such as ingress only, or right -turn only. This Paragraph shall survive the closings contemplated herein for all purposes. 16. City shall cooperate with Bear Creek in obtaining curb cuts from The Texas Department of Transportation for future development on Bear Creek's property. In the event City manages and approves curb cuts along Golden Triangle Boulevard then City shall cause Bear Creek to have at least two (2) curb cuts along Golden Triangle Boulevard. More than two (2) curb cuts will be allowed along Golden Triangle Boulevard along Bear Creek's frontage if such proposed additional curb cuts satisfy City s standards for separation between curb cuts. This Paragraph shall survive the closings contemplated herein for all purposes. 17. Upon receipt of the executed Bear Creek Deed, the Title Company will then close the transfer of the Additional ROW by (a) recordmg the Bear Creek Deed in the Official Public Records of Tarrant County, and thereafter (b) causing the original Bear Creek Deed to be delivered to City. Upon receipt of the executed City Deed, the Title Company will then close the transfer of the Surplus ROW by (i) recording the City Deed in the Official Public Records of Tarrant County, and thereafter (ii) causing the original City Deed to be delivered to Bear Creek. 18. Bear Creek agrees to accept the Surplus ROW from City on an "AS -IS", "WHERE -IS" basis, except as provide in Paragraph 13 above, and Bear Creek hereby releases City from and agrees that City shall have no liability to Bear Creek related to the environmental condition of the Surplus ROW, except to the extent caused by City. City agrees to accept the Additional ROW from Bear Creek on an "AS -IS", "WHERE -IS" basis, and City hereby releases Bear Creek from and agrees that Bear Creek shall have no liability to City related to the environmental condition of the Additional ROW, except to the extent caused by Bear Creek. 19. GT/Old Denton Ltd. and/or its assigns ("GT") joins this Agreement as an additional party hereunder to receive from City, in consideration of ten dollars and other valuable consideration, approximately 0.114 acres of property, as described in Exhibit "H" attached hereto and made apart hereof for all purposes (the "GT Surplus Property"). The GT Surplus Property shall not become eligible to be declared surplus by City until after completion of the Project. City, at its earliest opportunity after the GT Surplus Property becomes eligible to be so declared, will use its best efforts to obtain approval from City"s City Council for the vacation of 4 the GT Surplus Property. On the Surplus ROW Closing Date, City shall execute a deed in a similar form as the City Deed, conveying the GT Surplus Property to GT, as the landowner adjacent to the GT Surplus Property. GT shall take the GT Surplus Property subject to the easements set forth in Paragraph 12 above. City shall pay for all closing costs associated with the conveyance of the GT Surplus Property. This Paragraph shall survive the closings contemplated herein for all purposes. 20. This Agreement contains a complete expression of the agreement between the parties, and there are no promises, representations or inducements except such as are herein provided. 21. No waiver by the parties hereto of any default or breach of any term, condition or covenant of this Agreement shall be deemed to be a waiver of any subsequent default or breach of the same or any other term, condition or covenant contained herein. Bear Creek may wholly or partially assign its rights hereunder to any affiliate of Bear Creek. Bear Creek shall be relieved of all duties and obligations hereunder once all of its obligations hereunder have been assumed by an affiliate. 22. The terms, conditions and covenants contained in this Agreement shall apply to and inure to the benefit of the parties hereto and their respective successors in interest and legal representatives except as otherwise herein expressly provided. 23. Notices: (a) Any notice required or permitted to be given under this Agreement by one party to the other shall be in writing and the same shall be given and shall be deemed to have been served and given if (i) delivered in person to the address set forth below for the party to whom the notice is given, (ii) placed in the United States mail, return receipt requested, addressed to such party at the address hereinafter specified, or (iii) deposited into the custody of a reputable overnight carrier to be sent by overnight delivery, addressed to such party at the address hereinafter specified. (b) The address of City for all purposes under this Agreement is: The City of Fort Worth, Texas 1000 Throckmorton Fort Worth, TX 76102 Attention: David Yett, City Attorney (c) The address of Bear Creek for all purposes under this Agreement is: Bear Creek Plaza, Ltd. 82 Armstrong Drive Mustang, Oklahoma 73064 Attn: Mark McDowell 5 With copy to: Jackson Walker L L P 901 Main Street, Suite 6000 Dallas, Texas 75202 Attention* Bill Dahlstrom (d) The address of GT for all purposes under this Agreement is: GT/OLD DENTON, Ltd. 82 Armstrong Drive Mustang, Oklahoma 73064 Attn: Mark McDowell (e) Any party may change its address for notice purposes upon prior written notice to the other party 24. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and so long as the contemplated exchanges transpire this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein 25. 1 he Effective Date of this Agreement shall be the date that City executes this Agreement. 26. This Agreement may be executed in a number of identical counterparts, each of which for all purposes, is deemed an original, and all of which constitute, collectively, one agreement, but in making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 27. Default/Remedies. (a) Bear Creek shall be in default under this Agreement if Bear Creek shall do or fail to do any act, the performance or nonperformance of which is an act required under this Agreement, for any reason other than a default by City, which default is not cured within five (5) days of written notice of default from City If Bear Creek is in default under this Agreement, City may, at City's sole option, do either of the following, as City's sole and exclusive remedy at law or in equity: (i) terminate this Agreement by written notice delivered to Bear Creek on or before the Additional ROW Closing Date, and neither party hereto shall have any further rights or obligations hereunder; or (ii) enforce specific performance of Bear Creek's obligations hereunder. (b) City shall be in default under this Agreement if City shall do or fail to do any act, the performance or nonperformance of which is an act required under this Agreement, for any reason other than a default by Bear Creek, which default is not cured within five (5) days of written notice of default from Bear Creek. If City is in default under this Agreement, Bear Creek may, at Bear Creek's sole option, do either of the following, as Bear Creek's sole and exclusive remedy at law or in equity: (i) terminate this Agreement by written notice delivered to City on or 6 before the Additional ROW Closing Date, and neither party hereto shall have any further nghts or obligations hereunder; or (ii) if City has already acquired title to the Additional ROW pursuant to this Agreement, either (A) enforce specific performance of City's obligations hereunder or (B) seek such other remedies as may be available at law or in equity. 28. Proration of Taxes. (a) Ad valorem taxes relating to the Additional ROW for that portion of the calendar year from January 1 to the Additional ROW Closing Date shall be tendered by Bear Creek to the appropriate tax collector(s) pursuant to Section 26.11 of the Texas Tax Code on or before the Additional ROW Closing Date. Except to the extent City is exempt from taxation, City shall be responsible for all ad valorem taxes for the Additional ROW attributable to the period of time from and after the Additional ROW Closing Date. (b) Except to the extent City is exempt from taxation, ad valorem taxes relating to the Surplus ROW for that portion of the calendar year from January 1 to the Surplus ROW Closing Date shall be tendered by City to the appropriate tax collector(s) pursuant to Section 26.11 of the Texas Tax Code on or before the Surplus ROW Closing Date. Bear Creek shall be responsible for all ad valorem taxes for the Surplus ROW attributable to the period of time from and after the Surplus ROW Closing Date. (c) This Paragraph shall survive the closings contemplated herein for all purposes. • [signatures on following pages] 7 In witness whereof, Bear Creek has executed this Agreement to be effective as of the Effective Date. BEAR CREEK PLAZA, LTD., a Texas limited partnership By: Bear Creek Plaza G"i - r.. Partner, Inc., a Texas limited liabi ity company, its General Parpier By: Vircnowell Vice -President IP witness whereof, City has executed this A eement to be effective as of the I3k'Uayof � , 2010 ("Effective Date"). THE CITY OF FORT WORTH, TEXAS, a home rule municipal corporation organized under the laws of the State of Texas By: Name: Title: _a."( Mpg sr APPROVED AS TO FORM AND LEGALITY: By: A / (144,4(7,1ft A/ Name: Title: Assistant City Attorney 49e.o5779 /6/7/t6 Attest y: A / „tp (%4ar& Hendrix, City S V` pPikes'h.° 01,10 44 Fop�,un er tarY **tin ./.;tacsac, °00000es toty LNO M&C . _ REQUIR➢sI? OFFICIAL RECORD CITY SECRETARY In witness whereof, GT has executed this Agreement to be effective as of the Effective Date. GT/OLD DENTON ALL STORAGE, LT A Texas limited partnership By: GT/OLD DENTON GP, A Texas corporation, General 4' . rtner By: Mark Mc Vice Preskll. rit 5916892v.1 Golden Triangle Boulevard from Im35W to U.S. Highway No. 377 Parcel No. 29 ROW CONVEYANCE Golden Triangle oulevard William McCowan Survey, Abstract No. 999 Exhibit "A" Exhibit "A'9 Being a 1.537 acre tract of land out of the William McCowan Survey, Abstract No. 999, City of Fort Worth, Tarrant County, Texas and being a portion of a 3.241 acre tract of land (by deed) deeded to Tarrant County Highway Department for Right -of -Way Easement as recorded in Volume 5529, Page 17 of the Deed Records of Tarrant County, Texas, and being a portion a of a 0.074 acre tract of land (by deed) deeded to Tarrant County Highway Department for Right-of-way Easement as recorded in Volume 5529, Page 12 of said Deed Records of Tarrant County, Texas, said 1.537 acre tract of land being a portion of Golden Triangle Boulevard (a 120' right-of-way) and being more particularly described by metes and bounds as follows: COMMENCING at a point for the southeast corner of a 12.718 acre tract of land acre tract of land (by deed) deeded to Bear Creek Plaza, Ltd. as recorded in Document No. D206315496 of said Deed Records of Tarrant County, Texas, said point being the intersection of the existing north right-of- way line of Golden Triangle Boulevard with the existing west right-of-way line of Old Denton Road (a variable width right-of-way), said point being in the north line of said 3.241 acre tract of land, said point being the beginning of a non -tangent curve to the right having a radius of 512.96 feet, a central angle of 06 degrees 34 minutes 50 seconds and whose chord bears North 82 degrees 13 minutes 40 seconds West, a distance of 58.88 feet, from which a 5/8 inch iron rod found for a corner in the east line of said 12.718 acre tract of land and in the existing west right-of-way line of said Old Denton Road bears North 13 degrees 33 minutes 13 seconds East, a distance of 83.75 feet; THENCE with a northerly line of said 3.241 acre tract of land, with a southerly line of said 12.718 acre tract of land, with the existing northerly right-of-way line of said Golden Triangle Boulevard and with said non -tangent curve to the right an arc length of 58.92 feet to a 5/8" iron rod with cap stamped "Gorrondona" set for the POINT OF BEGINNING of the herein described 1.537 acre tract of land, said 5/8 inch iron with cap being the intersection of the existing northerly right. -of -way of said Golden Triangle Boulevard with the proposed westerly right-of-way line of said Old Denton Road; THENCE South 36 degrees 29 minutes 14 seconds West, with the proposed westerly right-of- way line of said Old Denton Road, a distance of 6.01 feet to a 5/8 inch iron rod with cap stamped "Gorrondona" set for the intersection of the proposed west right-of-way line of said Old Denton Road with the proposed north right-of-way line of said Golden Triangle Boulevard; THENCE South 89 degrees 47 minutes 57 seconds West, with the proposed north right-of-way line of said Golden Triangle Boulevard, a distance of 16.01 feet to a 5/8 inch iron rod with cap stamped "Gorrondona" set for the beginning of a curve to the right having a radius of 986.00 feet, a central angle of 22 degrees 25 minutes 38 seconds and whose chord bears North 78 degrees 59 minutes 13 seconds West, a distance of 3 83.49 feet; Page 1 of 4 OFFICIAL RECORD CITY SECRETARY Ft, VItORTH, TX Exhibit "A" (continued) Golden Triangle Boulevard from I-35W to U.S. Highway No. 377 Parcel No. 29 ROW CONVEYANCE Golden Triangle Boulevard William McCowan Survey, Abstract No. 999 THENCE with the proposed northerly right-of-way line of said Golden Triangle Boulevard and with said curve to the right, an arc length of 385.95 feet to a 5/8 inch iron rod with cap stamped "Gorrondona' set for corner in the existing southwesterly right-of-way line of said Golden Triangle Boulevard, said 5/8 inch iron rod set being in the northeasterly line of a tract of land labeled Tract 12 and being .a 54.866 acre track of land (by deed) deeded to AIL Investment, L.P. as recorded in Volume 14315, Page 56 of said Deed Records of Tarrant County, Texas, said 5/8 inch iron rod set being the intersection of the proposed northeasterly right-of-way line of said Golden Triangle Boulevard with the existing southwesterly right-of-way line of said Golden Triangle Boulevard; THENCE North 57 degrees 15 minutes 32 seconds West, with the existing southwesterly right- of-way line of said Golden Triangle Boulevard, same being the proposed northeasterly right-of-way line of said Golden Triangle Boulevard and with a northeasterly line of said 54.866 acre tract of land, a distance of 50.88 feet to a 5/8 inch iron rod with cap stamped "Gorrondona" set for the beginning of a curve to the left having a radius of 656.20 feet, a central angle of 19 degrees 43 minutes 30 seconds and whose chord bears North 67 degrees 07 minutes 18 seconds West, a distance of 224.80 feet; THENCE with the existing southwesterly right-of-way line of said Golden Triangle Boulevard, with the proposed northeasterly right-of-way line of said Golden Triangle Boulevard, with the northeasterly line of said 54.866 acre tract of land and with said curve to the left, an arc length of 225.91 feet to a 5/8 inch iron rod with cap stamped `Gorrondona" set for the intersection of the proposed northeasterly nght-of-way line of said Golden Triangle Boulevard with the existing southwesterly right-of-way line of said Golden Triangle Boulevard THENCE North 64 degrees 02 minutes 09 seconds West with the proposed northeasterly nght- of-way line of said Golden Triangle Boulevard, a distance of 49.56 feet to a 5/8 inch iron rod with cap stamped "Gorrondona" set for corner; Page 2 of 4 11 Exhibit "A" (continued) Golden Triangle Boulevard from I-35W to U.S. Highway No. 377 Parcel No. 29 ROW CONVEYANCE Golden Triangle Boulevard William McCowan Survey, Abstract No. 999 THENCE North 00 degrees 28 minutes 48 seconds West, a distance of 108.87 feet to a 5/8 inch iron rod with cap stamped ` Gorrondona" set for corner in the existing northeasterly right-of-way line of said Golden Triangle Boulevard said 5/8 inch iron rod with cap being the southwest corner of said 12.718 acre tract of land said 5/8 inch iron rod with cap being the most southerly southeast corner of Lot 2, Block 1, All Storage Old Denton, an addition to the City of Fort Worth, Tarrant County,, Texas as recorded in Cabinet A, Slide 11820 of the Plat Records of Tarrant County, Texas, said 5/8 inch iron rod with cap also being the beginning of a non -tangent curve to the right having a radius of 776.20 feet, a central angle of 24 degrees 48 minutes 04 seconds and whose chord bears South 69 degrees 57 minutes 57 seconds East, a distance of 333.37 feet, from which a 5/8 inch iron rod found for the northwest corner of said 12.718 acre tract of land bears North 00 degrees 28 minutes 48 seconds West, a distance of 616.66 feet, said 5/8 inch iron rod found also being an interior ell corner of said Lot 2; THENCE with a south line of said 12.718 acre tract of land, with the existing north right-of- way line of said Golden Triangle Boulevard and with said non -tangent curve to the right, an arc length of 335.99 feet to a 5/8 inch iron rod with cap stamped "Gorrondona" set for corner; THENCE South 57 degrees 20 minutes 23 seconds East, with the southwesterly line of said 12.718 acre tract of land and with the existing northeasterly right-of-way line of said Golden Triangle Boulevard, a distance of 236.65 feet to a 5/8 inch iron rod found for the beginning of a curve to the left having a radius of 512.96 feet, a central angle of 21 degrees 40 minutes 21 seconds and whose chord bears South 68 degrees 06 minutes 04 seconds East, a distance of 192.88 feet; THENCE with a south line of said 12.718 acre tract of land with the existing north right-of-way line of said Golden Triangle Boulevard and with said curve to the left, an arc length of 194.03 feet to the POINT OF BEGINNING, and containing 66,951 square feet or 1.537 acres of land, more or less. Page 3 of 4 Exhibit "A" (continued) Golden Triangle Boulevard from I-35W to U.S. Highway No. 377 Parcel No. 29 ROW CONVEYANCE Golden Triangle Boulevard William McCowan Survey, Abstract No. 999 Notes: (1) A plat of survey accompanies this legal description. (2) All Bearings are referenced to the Texas Coordinate System, NAD-83, The North Central Zone, with a surface factor for this project of 1.00012. All bearings referenced here are grid, distances and areas shown are surface. Surveyed on the Ground: February 3, 2010 o L . Cooper R. • i. tered Professional L Texas No. 5254 Page 4 of 4 ((i JON L. COOPER �� 7%az p5254 V:0 2'• .,,ESS\:-� O :c "111ilililulJlulumlWll ili iWililililhnoill 1111 101111lJUII1thi uuu„ypp,p,p,pp„pultlmlmellF d,uuleliiWldlliludlldilllllJidIIIIW La/1111V14 a l (continued) NOTE: ROW MARKERS ARE 5/8' IRON ROO SET WITH BLUE CAP STAMPED "GORRONDCNA' CURVE C-1 C-2 C-3 C-4 C-5 RADIUS 512.98' 988 00' 658 20' 778 20' 512 98' CURVE TABLE DELTA BEARING 06'34'S0' N 82'13 40'W 22'25'38" N 78'59 13"W 1943'30' N 670718"W 24'48'04' S 69'57 57'E 21'40'21' S 88'08 04rE 65.65 ACRES TRIANGLE 1-35 REALTY LTD DOC. NO. D206088268 D.R.T.C.T. 254 aT EXISTING RIGHT OF —WAY i PROPOSED RIGHT—OF—WAY rm Ca m a 9 CHORD 58.88' 383.49' 224.80' 333.37' 192.88' PARCEL No. 29 ARC 58.92' 385.95' 225.91' 335.99' 194.03' '44 for 200 C'40/A ce etoor .c% 7 5/81RON ROD FND 100 NOTE: ALL BEARINGS ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NAD-83, THE NORTH CENTRAL ZONE, WITH A SURFACE FACTOR FOR THIS PROJECT OF 1.00012. ALL BEARINGS AND DISTANCES AND AREAS SHOWN ARE SURFACE. SCALE IN FEET 3 WILLIAM McCOWAN SURVEY • ABSTRACT No. 999 1O $, 'AO, 2 00 NH 12.718 ACRES (BY DEED) BEAR CREEK PLAZA, LTD. DOC. NO. D206315496 D.R.T.C.T. RIGHT—OF—WAY CONVEYANCE 66,951 SQ.FT. OR 1.537 AC. 1- �- EXISTING RIGHT—OF—WAY •ijgl .. ::: !,,G. t• N 64 02'09"W 49.58' TRACT 12 54.866 ACRES (BY DEED) AIL INVESTMENT, L.P. VOLUME 14315, PAGE 56 D.R.T.C.T. o Wo�rr P. S 0010144. So ?y ................... EXISTING IGHT-OF-WAY 200 EXISTING RIGHT OF -WAY PROPOSED RIGHT OF -WAY 3.241 ACRES RIGHT—OF—WAY EASEMENT TO TARRANT COUNTY HIGHWAY DEPT. VOLUME 5529 PAGE 17 D.R.T.C.T. DETAIL S 38'29'14"W 6.01' S 89'47'57'W 16.01' 0p 0CC Z 0 W� 0 —J O' SEE DETAIL 5/8IRON ROD FND R/pjDi0p0 sto W,4 •B od ar o. G 2 EXISTING RIGHT-OF-WAY EXISTING RIGHT-OF-WAY 5/81RON PROPOSED ROD FNQ RIGHT-OF-WAY/ P.O.C. EXISTING RIGHT-OF-WAY N 13'33' 13"E 83.75' City of Fort Worth 1000 THROCKMORTON STREET • FORT WORTH, TEXAS 76102 EXHIBIT SHOWING A VARIABLE WIDTH RIGHT—OF—WAY CONVEYANCE OUT OF A PORTION OF THE EXISTING GOLDEN TRIANGLE BOULEVARD RIGHT—OF—WAY SITUATED IN THE WILLIAM McCOWAN SURVEY ABSTRACT NO. 999 CITY OF FORT WORTH TARRANT COUNTY, TEXAS AS RECORDED IN VOLUME 5529, PAGE 12 de VOLUME 5529, PAGE 17 DEED RECORDS OF TARRANT COUNTY, TEXAS PROJECT: GOLDEN TRIANGLE BLVD FROM IH-35W TO US HWY 377 RIGHT—OF—WAY CONVEYANCE AREA: 66.951 SOUARE FEET OR 1.537 ACRES JOB N0. 0510-1693 DRAWN BY: JLC I CA00 FlLE: 1893—ROW.DWG DATE: APRIL 29, 2010 I PAGE 1 OF 1 I SCALE: 1" . 200' GORRONOONA Se ASSOCIATES, INC. • 8707 BRENTWOOD STAIR ROAD, SUITE 50 FORT WORTH, TX. 781 L. COOPER E1STERED PROFESSIONAL LAN SURVEYOR 0 5254 12 817-498-1424 FAX 817-498-1788 am C Golden Tichn glk Boulevard from Ia35W to U.S. Highway No. 377 Parcel No. 29 Golden Triangle oulevard 'Track 9A9 William McCowan Survey, Abstract No. 999 Exhibit b6 Being a 1.312 acre tract of land out of the William McCowan Survey, Abstract No. 999, City of Fort Worth, Tarrant County, Texas and being portion of a 12.718 acre tract of land (by deed) deeded to Bear Creek Plaza, Ltd. as recorded in Document No. D206315496 of the Deed Records of Tarrant County, Texas, said 1.312 acre tract of land being more particularly described by metes and bounds as follows: BEGLNNl.NG at a point for the southeast comer of said 12.718 acre tract of land, said point being the intersection of the existing north rightoof-way line of Golden Triangle Boulevard (a 120' right- of-way) with the existing west right-of-way line of Old Denton Road (a variable width right-of- way), said point being the beginning of a non -tangent curve to the right having a radius of 512.96 feet, a central angle of 08 degrees 43 minutes 27 seconds and whose chord bears North 81 degrees 09 minutes 21 seconds West, a distance of 78.03 feet; THENCE with a southerly line of said 12.718 acre tract of land, with the existing northerly right-of-way line of said Golden Triangle Boulevard and with said non -tangent curve to the right and arc length of 78.11 feet to a 5/8" iron rod with cap stamped "Gorrondona" set for the intersection of the existing northerly right-of-way of said Golden Triangle Boulevard with the proposed northerly right-of-way line of said Golden Triangle Boulevard, from which a 5/8" iron rod found for a corner in the Y southwesterl line of said 12.718 acre tract of land bears a chord bearing of North 67 degrees 01 minutes 46 seconds West, a distance of 173,99 feet; THENCE South 86 degrees 00 minutes 34 seconds East, with the proposed northerly right-of- way line of said Golden Triangle Boulevard, a distance of 20.73 feet to a 5/8 inch iron rod with cap stamped "Gorrondona" set for the intersection of the proposed north right-of-way line of said Golden Triangle Boulevard with the proposed west right-of-way line of said Old Denton Road; THENCE North 36 degrees 29 minutes 14 seconds East, with the proposed westerly right-of- way line of said Old Denton Road, a distance of 39.31 feet to a 5/8 inch iron rod with cap stamped "Gorrondona" set for corner, said 5/8 inch iron rod with cap being the beginning of a non -tangent curve to the right having a radius of 1110.00 feet, a central angle of 15 degrees 20 minutes 33 seconds and whose chord bears North 07 degrees 37 minutes 17 seconds East, a distance of 296.34 feet; THENCE with the proposed westerly right-of-way line of said Old Denton Road and with said non -tangent curve to the right, an arc Length of 297.23 feet to a 5/8 inch iron rod with cap stamped "Gorrondona" set for corner; Page 1 of3 OFFICIAL RECORD CITY SECRETARY Ft WORTH, TX .4 Golden Triangle Boulevard from I-35W to U.S. Highway No. 377 Parcel No. 29 Golden Triangle Boulevard Track 9A, William McCowan Survey, Abstract No. 999 Exhibit "B" (continued) THENCE North 15 degrees 17 minutes 34 seconds East, with the proposed westerly right-of- way line of said Old Denton Road a distance of 260.63 feet to a 5/8 inch iron rod with cap stamped "Gorrondona' set for corner, said 5/8 inch iron rod with cap being the beginning of a curve to the left having a radius of 990.00 feet, a central angle of 02 degrees 43 minutes 23 seconds and whose chord bears North 13 degrees 55 minutes 52 seconds East, a distance of 47.05 feet; THENCE with the proposed westerly right-of-way line of said Old Denton Road and with said curve to the left, an arc length of 47.05 feet to a 5/8 inch iron rod with cap stamped "Gorrondona' set for corner in a northeasterly line of said 12.718 acre tract of land, said 5/8 inch iron rod with cap set being in a southwesterly line of Lot 2, Block 1, All Storage Old Denton, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Plat Cabinet A, Slide 11820 of the Plat Records of Tarrant County, Texas, from which a 1/2 inch iron rod found for a corner in a south line of said Lot 2 bears North 68 degrees 29 minutes 42 seconds West, a distance of 822.41 feet; THENCE South 68 degrees 29 minutes 42 seconds East, with the northeasterly line of said 12.718 acre tract of land, passing at a distance of 25.93 feet, a 1/2 inch iron rod found for the southeast corner of said Lot 2, said 1/2 inch iron rod also being in the existing westerly right-of-way line of said Old Denton Road, in all, a distance of 73.66 feet to a point for the northeast corner of said 12.718 acre tract of land, said point being in the existing west right-of-way line of said Old Denton Road; THENCE South 00 degrees 21 minutes 12 seconds East, with an east line of said 12.718 acre tract of land and with the existing west right-of-way line of said Old Denton Road, a distance of 184.06 feet to a point for corner; THENCE South 19 degrees 55 minutes 32 seconds West, with an east line of said 12.718 acre tract of land and with the existing west right-of-way line of said Old Denton Road, a distance of 127.26 feet to a point for comer, TIIENCE South 15 degrees 10 minutes 47 seconds West, with an east line of said 12.718 acre tract of land and with the existing west right-of-way line of said Old Denton Road, a distance of 31.50 feet to a point for corner, THENCE South 26 degrees 01 minutes 37 seconds West, with an east line of said 12.718 acre tract of land and with the existing west right-of-way line of said Old Denton Road, a distance of 142.28 feet to a 5/8 inch iron rod with cap stamped "C&B' found for corner; Page 2 of 3 Exhibit `B" (continued) Golden Triangle Boulevard from I-35W to U.S. Highway No. 377 Parcel No. 29 Golden Triangle Boulevard Track 9A, William McCowan Survey, Abstract No. 999 THENCE South 19 degrees 37 minutes 12 seconds West, with an east line of said 12.718 acre. tract of land and with the existing west right-of-way line of said Old Denton Road, a distance of 66.43 feet to a 5/8 inch iron rod found for corner, THENCE South 13 degrees 33 minutes 13 seconds West, with an east line of said 12 718 acre tract of land and with the existing west right-of-way line of said Old Denton Road, a distance of 83.75 feet to the POINT OF BEGINNING, and containing 57,158 square feet or 1.312 acres of land, more or less. Notes: (1) A plat of even survey date herewith accompanies this legal description. (2) All Bearings are referenced to the Texas Coordinate System, NAD-83, The North Central Zone, with a surface factor for this project of 1.00012. Ali bearings referenced here are grid, distances and areas shown are surface. Surveyed on the Ground: January 9, 2006 c ti JoCoop Re stered Professional Land Surveyor Texas No. 5254 l� Page 3 of 3 of IhIIIIII!I JIII!IIJIIJ!IIIIIIIIIIILIJIlhIIIIIIIIIIiIiIIIiIII,ll iliiii111.1111111111 Ii111111111 II tXntart= _Li (continued) 111.11 II I II III IIIIm illiiII•11.111nIi II 1.111II•1I1.11111111.111.111111 I1iiIII'I m CURVg C-1 C-2 C-3 C-4 RADIUS 512.98' 512 98' W«0.09' 990.00' DEBT& URn BRING O8'43 27" N 81'09'21'1N 19'31'44" 87.01'46"YH 15'20 33' N 07.37.17'`t 02'43r23 NNN 13'5 '52t 65.65 ACRES TRIANGLE 1-35 REALTY LTD DOC. N0. D206088268 D.R.T.C.T. UNE Loa S S L-4 S L-5 S L-§ s L-Z s L-8 S UNE TABLE BEARING 88'00 34"g 36'39.147E 6Q'29'43 t 19'55'32"W 15' 10'47'W 26'01'37"W 196379 24W 13133' 13'W r1 200 100 0 200 RIGHT OF -WAY EXNG SCALE IN FEET PROPOSED RIGHT-OF-WAY • DISTANCE 20.73' 39.31" 73.66' 127.28' S1.50' 142.28' 68.43' 83.75 • 1 /21RON ROD FND EXHIBIT "B PARCEL No. 29 CHORD 78.03' 173.99' 298.3f 47.05 7811' 174.84' 297.23' 47.05' 99 LOT 2. BLOCK 1 ALL STORAGE OLD DENTON CABINET A. SLIDE 11820 P.R.T.C.T. 4JY WILLIAM McCOWAN SURVEY ABSTRACT No. 999 12.718 ACRES (BY DEED) BEAR CREEK PLAZA LTD. DOC. NO D206315496 D.R.T.C.T. ?:404.0 .410 ft fY4)y4F RIGHT-OF-WAY PASSING A 1/2'1RON ROD FND AT 25.93' RIGHT—OF—WAY ACQUISITION 57,158 SQ.FT OR 1.312 AC. 04 fro PROPOSED RIGHT-OF-WAY EXISTING RIGHT-OF-WAY 5/BARON ROO FND L-2 L-1 NOTE: ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NAD-83, THE NORTH CENTRAL ZONE, WI1H A SURFACE FACTOR FOR THIS PROJECT OF 1.00012 AU. BEARINGS SHOWN ARE GRID, DISTANCES AND AREAS SHOWN ARE SURFACE. Q � O ' EXISTING-0- y Z LU3 0 • W N. N �JN `: ''� EXISTING RIGHT-OF-WAY h J EXISTING RIGHT-OF-WAY 5/B IRON ROD W/CAP FND STAMPED 'C&8" 5/8"IRON ROD FNtk P.O.B. PROPOSED RIGHT-OF-WAY/ EXISTING RIGHT-OF-WAY NOTE: ROW MARKERS ARE 5/8" IRON ROO SET WITH BLUE CAP STAMPED "GORRONDONA" City of Fort Worth 1000 THROCKMORTON STREET • FORT WORTH, TEXAS 76102 EXHIBIT SHOWING A VARIABLE WIDTH RIGHT—OF—WAY ACQUISITION OUT OF A 12.718 ACRE TRACT OF LAND SITUATED IN THE WILLIAM McCOWAN SURVEY, ABSTRACT NO. 999 CITY OF FORT WORTH TARRANT COUNTY, TEXAS AS RECORDED IN DOC. NO. D206315496 DEED RECORDS OF TARRANT COUNTY, TEXAS PROJECT: GOLDEN TRIANGLE BLVD. FROM IH-35W TO US HWY 377 RIGHT—OF—WAY ACOUISI110N AREA: 57 158 SQUARE FEET OR 1.312 ACRES JOB NO. 0510-1693 I DRAWN BY: JLC 1 CADO FILE: 1893-ROW.DWG DATE: FEBRUARY 4, 2010 PAGE t OF' t SCALE: 138 200' GORRONDONA k ASSOCIATES, INC. • 8707 BRENT'NOOD STAIR ROAD, SUITE 50 FORT WORTH, TX. 78112 D _ OF JON L. COOPER v , --15 5 4 4- L COOPER ED PROFESSIONAL LANSURVEYOR 254 • 817-498-1424 FAX 817-498-1788 1111111 I. 111111111 1 IIIIILII•II 1111 1 1 1 III 1 1111 Exhibit "C" Form of Bear Creek Deed SPECIAL WARRANTY DEED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE t, ;•' STRIKE ANY OR ALL OF TILE FOLLOWING INFORMATION FROM ANY ENSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER O { YOUR J RIVER'S LICENSE NUMBE STATE OF TEXAS KNOW ALL PEOPLE BY THESE PRESENTS: COUNTY OF TARRANT That Bear Creek Plaza, Ltd., a Texas limited partnership ("Grantor"), for and in consideration of the sum of Ten Dollars ($10.00) cash and other good and valuable consideration paid by City of Fort Worth, Texas, a home rule municipal corporation ("Grantee"), whose mailing address is 1000 Throckmorton, Fort Worth, Texas 76102, the receipt of which is hereby acknowledged, HAS GRANTED, BARGAINED, SOLD and CONN/EYED, and by these presents DOES GRANT, BARGAIN, SELL and CONVEY unto Grantee all that certain tract of land situated in Tarrant County, Texas, and described on Exhibit "A" which is attached hereto and incorporated herein by reference for all purposes, together with all improvements and fixtures thereon and all rights, privileges, easements, benefits and agreements appurtenant thereto (collectively, the "Property"). Grantor hereby reserves, for Grantor and Grantor's successors and assigns, all of Grantor's interest in the oil, gas and other minerals that are in and under and that may be produced from the Property (all of which interests are excluded from the definition of "Pronertv"); provided, however, Grantor shall not have the right to use the surface of the Property for any purpose, including, without limitation, for the purpose of mining, drilling, exploring, operating, and developing such oil, gas and other minerals. Notwithstanding the foregoing, nothing herein shall be construed as preventing Grantor and Grantor's successors and assigns from developing or producing the oil, gas and other minerals in and under the Property by pooling or by directional or horizontal drilling under the Property from well sites located on tracts other than the Property. This conveyance of the Property is made and accepted subject to all exceptions, encumbrances, restrictions, liens, easements, leases, rights, options, reservations, covenants and other matters of record affecting the Property that may exist as of the recordation of this instrument, together with any liens for taxes not yet due and payable, including, but not limited to, subsequent assessments for prior years, with respect to which taxes Grantee hereby expressly assumes the obligation to pay ("Permitted Encumbrances"). TO HAVE AND HOLD the Property, together with all and singular the rights and appurtenances thereunto belonging, unto Grantee, and Grantee's successors and assigns forever, and Grantor binds Grantor, and Grantor's successors and assigns to WARRANT and FOREVER DEFEND, all and singular the Property unto Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, and further subject to the Permitted Encumbrances. DOCSOPEN-#5792652-v2-Exchange; ___Agreeinent.DOC OFFICIAL timi ` ` I CITY SECRETAIt Ft WORTH, T; 12 Exhibit "C" (continued) GRANTEE ACKNOWLEDGES AND AGREES THAT GRANTOR HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS, TO CONCERNING OR WITH RESPECT TO (A) THE VALUE, NATURE, QUALITY OR CONDITION OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL, AND GEOLOGY, (13) '1HE INCOME TO BE DERIVED FROM 1HE PROPERTY, (C) THE SUITABILITY OF '1'HE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH GRANTEE MAY CONDUCT THEREON, (D) THE COMPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES, OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, (E) THE HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY, (F) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO THE PROPERTY, (G) IRE MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF TILE: PROPERTY, OR (H) EXCEPT FOR THE WARRANTY OF TITLE IN THIS DEED, ANY OTHER MATTER WITH RESPECT TO THE PROPERTY, AND SPECIFICALLY, THAT GRANTOR HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS REGARDING COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATIONS, ORDERS OR REQUIREMENTS, INCLUDING SOLID WASTE, AS DEFINED BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY REGULATIONS AT 40 C.F.R., PART 261, OR THE DISPOSAL OR EXISTENCE IN OR ON THE PROPERTY OF ANY HAZARDOUS SUBSTANCE, AS DEFINED BY THE COMPREHENSIVE ENVIRONMENT RESPONSE COMPENSATION AND LIABILITY ACT OF 1980, AS AMENDED, AND REGULATIONS PROMULGATED THEREUNDER. GRANTEE FURTHER ACKNOWLEDGES AND AGREES THAT HAVING BEEN GIVEN THE OPPORTUNITY TO INSPECT THE PROPERTY, GRANTEE IS RELYING SOLELY ON ITS OWN INVESTIGATION OF THE PROPERTY AND NOT ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY GRANTOR. AS A MATERIAL PART OF THE CONSIDERATION FOR THIS CONVEYANCE, GRANTOR AND GRANTEE AGREE THAT GRANTEE IS TAKING THE PROPERTY "AS IS WITH ALL FAULTS" BASIS WITH ANY AND ALL LATENT AND PATENT DEFECTS AND THAT THERE IS NO WARRANTY BY GRANTOR THAT THE PROPERTY IS FIT FOR A PARTICULAR PURPOSE. GRANTEE ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY REPRESENTATIONS, STATEMENTS, ASSERTIONS OR NON -ASSERTIONS BY THE GRANTOR WITH RESPECT TO THE PROPERTY CONDITION, BUT IS RELYING SOLELY UPON ITS EXAMINATION OF THE PROPERTY. GRANTEE TAKES THE PROPERTY UNDER THE EXPRESS UNDERSTANDING THERE ARE NO EXPRESS OR IMPLIED WARRANTIES (EXCEPT FOR THE LIMITED WARRANTIES OF TITLE SET FORTH HEREIN). GRANTEE SHALL NOT ASSERT ANY CL %IM. AND GRANTOR SHALL HAVE NO LIABILITY OR OBLIGATION WHATSOEVER TO GRANTEE, ITS SUCCESSORS OR ASSIGNS, FOR ANY DAMAGE, LOSS, COST, LIABILITY OR EXPENSE, ARISING FROM ANY CONDITION OF THE PROPERTY,, AS IT NOW EXISTS OR MAY HEREAFTER BE FOUND TO EXIST. IN, ON OR UNDER OR ABOUT THE PROPERTY, RELATED TO ENVIRONMENTAL PROBLEMS UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION AND LIABILITY, ACT (CERCLA), THE RESOURCE CONSERVATION AND RECOVERY ACT (RCRA). THE TEXAS SOLID WASTE DISPOSAL ACT OR THE TEXAS WATER CODE, EXCEPT THAT, WITHOUT LIMITING ANY DEFENSES THAT MIGHT BE AVAILABLE TO GRANTOR; GRANTOR SHALL CONITUNE 'TO BE LIABLE TO THIRD PARTIES TO THE EXTENT, DOCSOPEN-#5792652-v2-Exchange Agreernent.DOC 13 Exhibit "C" (continued) PROVIDED BY LAW FOR ANY DAMAGE, LOSS, COST, LIABILITY OR EXPENSE ARISING OUT OF ANY ACTS OR EVENTS RELATING TO THE PROPERTY AND OCCURING ON OR PRIOR TO THE CLOSING DATE. IT IS UNDERSTOOD AND AGREED THAT'1'HE PURCHASE PRICE FOR 1'HE PROPERTY HAS BEEN ADJUSTED BY PRIOR NEGOTIATION TO REFLECT THAT ALL OF THE PROPERTY IS SOLD BY GRANTOR AND PURCHASED BY GRANTEE SUBJECT TO THE FOREGOING. GRANTEE ACKNOWLEDGES AND ACCEPTS THIS PROVISION BY ITS ACCEPTANCE HEREOF. EXECUTED THIS day of , 2010. GRANTOR: Bear Creek Plaza, Ltd., A Texas limited partnership STATE OF TEXAS COUNTY OF TARRANT § § § By: Bear Creek Plaza General Partner, Inc., a Texas limited liability company, its General Partner By: Mark McDowell Vice -President This instrument was acknowledged before me on the day of , 2010, by Mark McDowell, as the Vice President of Bear Creek Plaza, Ltd. a Texas limited partnership, on behalf of said limited partnership. Notary Public, State of Texas Printed Name. My commission expires: DOCSOPEN-115792652-v2-Exchange _Agreement.DOC 14 Exhibit "C" (continued) ACCEPTED ON THE TERMS, CONDITIONAL LIMITATIONS AND RESERVATIONS CONTAINED HEREIN: The City of Fort Worth, Texas By: Annroved as to Form and Legality: Assistant City Attorney THE STATE OF TEXAS COUNTY OF TARRANT Assistant City Manager This instrument was acknowledged before me on this day of 2010, by , Assistant City Manager of the City of Fort Worth, Texas and by Assistant City Attorney of the City of Fort Worth, Texas, a municipal corporation, on behalf of the City of Fort Worth, Texas. GRANTEE'S ADDRESS: The City of Fort Worth 1000 Throckmorton Fort Worth, TX 76102 Attention: City Manager Notary Public, State of Texas AFTER RECORDING, RETURN TO: The City of Fort Worth 1000 Throckmorton Fort Worth, TX 76102 Attention: City Manager Exhibit "lir Forni of Citv9s Deed Deed Without warranty STATE OF TEXAS § COUNTY OF TARRANT § Date: Grantor: City of Fort Worth Grantor's Mailing Address: 1000 Throckmorton, Fort Worth, Tarrant County, Texas Grantee: Bear Creek Plaza, Ltd., a Texas limited partnership Grantee's Mailing Address: Consideration: Ten Dollars ($10.00) and other good and valuable consideration. Property (including any improvements): See Exhibit "A", attached hereto and made apart hereof for all purposes Reservations from Conveyance: For Grantor and Grantor's heirs, successors, and assigns forever, a reservation of all oil, gas, and other minerals in and under and that may be produced from the Property. If the mineral estate is subject to existing production or an existing lease, this reservation includes the production, the lease, and all benefits from it. Grantor waives and conveys to Grantee the right of ingress and egress to and from the surface of the Property relating to the portion of the mineral estate owned by Grantor. Nothing herein, however, restricts or prohibits the pooling or unitization of the portion of the mineral estate owned by Grantor with land other than the Property; or the exploration or production of the oil, gas, and other minerals by means of wells that are drilled or mines that open on land other than the Property but enter or bottom under the Property, provided that these operations in no manner interfere with the surface or subsurface support of any improvements constructed or to be constructed on the Property. Exceptions to Conveyance: Ali presently recorded and validly existing restrictions, reservations, covenants, conditions, oil and gas leases, mineral interests outstanding in persons other than Grantor, and other instruments, other than conveyances of the surface fee estate, that affect the Property; any discrepancies, conflicts, or shortages in area or boundary lines; any encroachments or overlapping of improvements; and taxes for current year, which Grantee assumes and agrees to pay. 1 RECORD GRANTEE ACKNOWLEDGES AND AGREES THAT GRANTOR HAS NO %TA O NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REP ESENTATr WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUAI MNTIES. % ANyrx Exhibit "D" (continued) KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS, TO CONCERNING OR WITH RESPECT TO (A) THE VALUE, NATURE, QUALITY OR CONDITION OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL, AND GEOLOGY, (B) THE INCOME TO BE DERIVED FROM IRE PROPERTY, (C) THE SUITABILITY OF 1 HE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH GRANTEE MAY CONDUCT THEREON, (D) THE COMPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES, OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, (E) THE HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY, (F) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO THE PROPERTY, (G) THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF I'HE PROPERTY, OR (H) EXCEPT FOR THE WARRANTY OF TITLE IN THIS DEED, ANY OTHER MA'1'1'ER WITH RESPECT TO THE PROPERTY, AND SPECIFICALLY, THAT GRANTOR HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS REGARDING COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATIONS, ORDERS OR REQUIREMENTS, INCLUDING SOLID WASTE, AS DEFINED BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY REGULATIONS AT 40 C.F.R., PART 261, OR THE DISPOSAL OR EXISTENCE IN OR ON THE PROPERTY OF ANY HAZARDOUS SUBSTANCE, AS DEFINED BY THE COMPREHENSIVE ENVIRONMENT RESPONSE COMPENSATION AND LIABILITY ACT OF 1980, AS AMENDED, AND REGULATIONS PROMULGATED THEREUNDER. GRANTEE FURTHER ACKNOWLEDGES AND AGREES THAT HAVING BEEN GIVEN THE OPPORTUNITY TO INSPECT THE PROPERTY, GRANTEE IS RELYING SOLELY ON ITS OWN INVESTIGATION OF THE PROPERTY AND NOT ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY GRANTOR. AS A MATERIAL PART OF THE CONSIDERATION FOR THIS CONVEYANCE, GRANTOR AND GRANTEE AGREE THAT GRANTEE IS TAKING THE PROPERTY "AS IS WITH ALL FAULTS" BASIS WITH ANY AND ALL LATENT AND PATENT DEFECTS AND THAT [HERE IS NO WARRANTY BY GRANTOR THAT THE PROPERTY IS FIT FOR A PARTICULAR PURPOSE. GRANTEE ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY REPRESENTATIONS, STATEMENTS, ASSERTIONS OR NON -ASSERTIONS BY THE GRANTOR WITH RESPECT TO THE PROPERTY CONDITION, BUT IS RELYING SOLELY UPON ITS EXAMINATION OF THE PROPERTY. GRANTEE TAKES THE PROPERTY UNDER THE EXPRESS UNDERSTANDING THERE ARE NO EXPRESS OR IMPLIED WARRANTIES (EXCEPT FOR THE LIMITED WARRANTIES OF TITLE SET FORTH HEREIN). GRANTEE SHALL NOT ASSERT ANY CLAIM, AND GRANTOR SHALL HAVE NO LIABILITY OR OBLIGATION WHATSOEVER TO GRANTEE, ITS SUCCESSORS OR ASSIGNS. FOR ANY DAMAGE. LOSS, COST, LIABILITY OR EXPENSE, ARISING FROM ANY CONDITION OF THE PROPERTY, AS IT NOW EXISTS OR MAY HEREAFTER BE FOUND TO EXIST, IN. ON OR UNDER OR ABOUT THE PROPERTY. RELATED TO ENVIRONMENTAL PROBLEMS UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION AND LIABILITY ACT (CERCLA). THE RESOURCE CONSERVATION AND RECOVERY ACT (RCRA), THE TEXAS SOLID WASTE DISPOSAL ACT OR TITE TEXAS WATER CODE. EXCEPT THAT WITHOUT LIMITING ANY DEFENSES THAT MIGHT BE AVAILABLE TO GRANTOR, GRANTOR SHALL CONITUNE TO BE LIABLE TO THIRD PARTIES TO THE EXTENT PROVIDED BY LAW FOR ANY DAMAGE, LOSS, COST, LIABILITY OR EXPENSE ARISING OUT OF ANY ACTS OR EVENTS RELATING TO THE PROPERTY AND OCCURING ON OR PRIOR TO THE CLOSING DATE. IT IS UNDERSTOOD AND AGREED THAT THE PURCHASE PRICE FOR THE PROPERTY HAS BEEN ADJUSTED BY PRIOR NEGOTIATION TO REFLECT THAT ALL OF THE Exhibit "D ' (continued) PROPERTY IS SOLD BY GRANTOR AND PURCHASED BY GRANTEE SUBJECT TO THE FOREGOING. GRANTEE ACKNOWLEDGES AND ACCEPTS THIS PROVISION BY ITS ACCEPTANCE HEREOF. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever, without express or implied warranty. All warranties that might arise by common law as well as the warranties in section 5.023 of the Texas Property Code (or its successor) are excluded. When the context requires, singular nouns and pronouns include the plural. [Signatures on Following Page.] Exhibit "D" (continued) GRANTOR CITY OF FORT WORTH Approved as to Forst & Legality Assistant City Manager Assistant City Attorney City of Fort Worth ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on this day of 2010, by Assistant City Manager of the City of Fort Worth, Texas and by , Assistant City Attorney of the City of Fort Worth, Texas, a municipal corporation, on behalf of the City of Fort Worth, Texas. Notary Public, State of Texas Exhibit "D" (continued) GRANTEE BEAR CREEK PLAZA LTD., a Texas limited partnership By: Bear Creek Plaza General Partner, Inc., a Texas limited liability company, its General Partner By: Mark McDowell Vice -President ACKNOWLEDGEMENT STATE OF' TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the day of , 2010, by Mark McDowell as the Vice President of Bear Creek Plaza, Ltd. a Texas limited partnership, on behalf of said limited partnership. Notary Public, State of Texas Printed Name. My commission expires: Exhibit "D" (continued) EXHIBIT "A" TO DEED Golden Tthm ;' a o8.illeva,rd from Ie35W to U.S. Highway No. 377 Parcel No. 29 20.0' Sanitary Sewer Easement Golden Trian ' ' e Boulevard lillia McCowan Survey, Abstract No. 999 Exhibit "E- 1 " Being a 0.314 acre tract of land out of the William McCowan Survey, Abstract No. 999, City of Fort Worth, Tarrant County, Texas and being a portion of a 3.241 acre tract of land (by deed) deeded to Tarrant County Highway Department for Right -of -Way Easement as recorded in Volume 5529, Page 17 of the Deed Records of Tarrant County, Texas, and being a portion a of a 0.074 acre tract of land (net area by deed) deeded to Tarrant County Highway Department for Right-of-way Easement as recorded in Volume 5529, Page 12 of said Deed Records of Tarrant County, Texas, said 0.314 acre tract of land being a portion of Golden Triangle Boulevard (a 120' right-of-way) and being more particularly described by metes and bounds as follows: COMMENCING at a point for the southeast corner of a 12.718 acre tract of land acre tract of land (by deed) deeded to Bear Creek Plaza, Ltd. as recorded in Document No. D206315496 of said Deed Records of Tarrant County, Texas, said point being the intersection of the existing north right-of- way line of Golden Triangle Boulevard with the existing west right-of-way line of Old Denton Road (a variable width right-of-way), said point being in the north line of said 3.241 acre tract of land, said point being the beginning of a non -tangent curve to the right having a radius of 512.96 feet, a central angle of 06 degrees 34 minutes 50 seconds and whose chord bears North 82 degrees 13 minutes 40 seconds West, a distance of 58.88 feet, from which a 5/8 inch iron rod found for a corner in the east line of said 12.718 acre tract of land and in the existing west right-of-way line of said Old Denton Road bears North 13 degrees 33 minutes 13 seconds East, a distance of 83.75 feet; THENCE with a northerly line of said 3.241 acre tract of land, with a southerly line of said 12.718 acre tract of land, with the existing northerly right-of-way line of said Golden Triangle Boulevard and with said non -tangent curve to the right an are length -of 58.92 feet to a 5/8" iron rod with cap stamped "Gorrondona" set for the intersection of the existing northerly right-of-way of said Golden Triangle Boulevard with the proposed westerly right-of-way line of said Old Denton Road; THENCE South 36 degrees 29 minutes 14 seconds West, with the proposed westerly right-of-way line of said Old Denton Road, a distance of 6.01 feet to a 5/8 inch iron rod . with cap stamped "Gorrondona" set for the intersection of the proposed west right-of-way line of said Old Denton Road with the proposed north right-of-way line of said Golden Triangle Boulevard; THENCE South 89 degrees 47 minutes 57 seconds West, with the proposed north right-of-way line of said Golden Triangle Boulevard, a distance of 16.01 feet to a 5/8 inch iron rod with cap stamped "Gorrondona" set for the beginning of a curve to the right having a radius of 986.00 feet, a central angle of 01 degrees 20 minutes 15 seconds and whose chord bears North 89 degrees 31 minutes 55 seconds West, a distance of 23.01 feet; THENCE with the proposed northerly right-of-way line of said Golden Triangle Boulevard and with said curve to the right, an arc length of 23.01 feet to the POINT OF BEGINNING of the herein described 0.314 acre tract of land, said point being the beginning of a curve to the right having a radius of 986.00 feet, a central angle of 03 degrees 39 minutes 16 seconds and whose chord bears North 87 degrees 02 minutes 10 seconds West, a distance of 62.88 feet; Pagel of3 • OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Exhibit "E-1" (continued) Golden Triangle Boulevard from I-35W to U.S. Highway No. 377 Parcel No. 29 20.0' Sanitary Sewer Easement Golden Triangle Boulevard William NlcCowan Survey, Abstract No. 999 THENCE with the proposed northerly right-of-way line of said Golden Triangle Boulevard and with said curve to the right an arc length of 62.89 feet to a point for the beginning of a non -tangent curve to right having a radius of 1109.76 feet, a central angle of 08 degrees 30 minutes 42 seconds and whose chord bears North 62 degrees 41 minutes 14 seconds West, a distance of 164.71 feet; THENCE THENCE THENCE THENCE THENCE THENCE with said non -tangent curve to the right, an arc length of 164.86 feet to a point for comer; North 58 degrees 29 minutes 40 seconds West, a distance of 165.65 feet to a point for the beginning of non -tangent a curve to the left having a radius of 798.53 feet, a central angle of 22 degrees 58 minutes 55 seconds and whose chord bears North 69 degrees 32 minutes 02 seconds West, a distance of 318.15 feet; with said non -tangent curve to the left, an arc length of 320.30 feet to a point for COMM', North 00 degrees 28 minutes 48 seconds West, a distance of 20.27 feet to a point for comer, said point being the beginning of a non -tangent curve to the right having a radius of 818.53 feet, a central angle of 23 degrees 12 minutes 34 seconds and whose chord beards South 69 degrees 39 minutes 11 seconds East, a distance of 329.31 feet, from which a 5/8 inch iron rod with cap stamped "Gorrondona" set for corner in the existing northeasterly right-of-way line of said Golden Triangle Boulevard bears North 00 degrees 28 minutes 48 seconds West, a distance of 21.64 feet, said 5/8 inch iron rod with cap being the southwest corner of said 12.718 acre tract of land, said 5/8 inch iron rod with cap being the most southerly southeast corner of Lot 2, Block 1, All Storage Old Denton, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Cabinet A, Slide 11820 of the Plat Records of Tarrant County, Texas from which a 5/8 inch iron rod found for the northwest corner of said 12.718 acre tract of land bears North 00 degrees 28 minutes 48 seconds West, a distance of 616.66 feet, said 5/8 inch iron rod found also being an interior ell corner of said Lot 2, with said non -tangent curve to the right, an arc length of 331.57 feet to a point for corner, South 58 degrees 29 minutes 40 seconds East, a distance of 165.58 feet to a point for the beginning of non -tangent curve to the left having a radius of 1089.76 feet, a central angle of 11 degrees 37 minutes 07 seconds and whose chord bears South 64 degrees 14 minutes 24 seconds East, a distance of 220.60 feet; Page 2 of 3 Exhibit "E- 1" (continued) Golden Triangle Boulevard from I-35W to U.S. Highway No. 377 Parcel No. 29 20.0' Sanitary Sewer Easement Golden Triangle Boulevard William McCowan Survey, Abstract No. 999 THENCE with said non -tangent curve to the left, an arc length of 220.98 feet to the POINT OF BEGINNING, and containing 13,694 square feet or 0.314 acres of land, more or less. Notes: (1) A plat of survey accompanies this legal description. (2) All Bearings are referenced to the Texas Coordinate System, NAD-83, The North Central Zone, with a surface factor for this project of 1.00012. All bearings referenced here are grid, distances and areas shown are surface. Surveyed on the Ground: February 3, 2010 Jo . Cooper R stered Professional Land Surveyor Texas No. 5254 Page3 of3 OF eP srF,..F-f- (4 JON L. COOPER ) kr cc ',7,p 5254 � �', vti68.1 ess.°��-i°9 bxnl bli -1 (continued) H.il'uilllh I Ow I1411111 Ili IIIudipJ1III 1JIIIUIUIu hp I1I1111111L11 III IIOOII uul111 li lL IJtl JAOU I1III1WIiiIW00wi JUIpJUYIIYIIYIIJIiIIitllliWoloiU NOTE ROW MARKERS ARE 5/8' IRON ROO SET VMTH BLUE CAP STAMPED 'GORRONDONA' CURVE C-1 C-2 C-3 C-4 C-5 C-8 C-7 RADIUS 512.98' 988 00' 988 00' 1109.78' 798.53' 818.53' 1089.76' CURVE TABLE DELTA BEARING O6'34'50" N 82'13 40"W 01'20'15" N 89'31 551W 03'39'18" N 8T0210"VH 013'30'42" N 6741 14'0i 22'58'55" N 69'32 02'W 2312'34' S 69'3911"E 11'37'07" S 64' 14 24"E 65.65 ACRES TRIANGLE 1-35 REALTY LTD DOC. NO. D206086268 D.R.T,C.T. N '6 m z •.II 00'28'48"W-- 20,27 aer>::•::::•:::•. 5/89RON ROD FND em+�emenII in11111 IIIIIJdh 1011111 midi) e111111lliWlwpwltlY1,WIIiI IIIiIIIIIIIIpJlilIlIII l�WfaIli Ili , II I„exnil ill rsnU.O.L. lY O. Z CHORD ARC 58.88' 58.92' 23.01' 23.01' 82.88' 62.89' 164.71' 164.86' 318.15' 320.30' 329.31' 331.57' 220.80' 220.98' 200- 100 WILLIAM McCOWAN SURVE AB O Ci�xaF, U ct i8 ° octir cia 3 0 EXISTING RIGHT-OF-WAY PROPOSED RIGHT-OF-WAY TRACT 12 54.866 ACRES (8Y DEED) AIL INVESTMENT, L.P. VOLUME 14315, PAGE 56 D.R.T.C.T. STRACT No. 999 12.718 ACRES (BY DEED) BEAR CREEK PLAZA, LTD DOC. NO D206315496 D.R.T.0 T. 20.0' SANITARY SEWER EASEMENT 13,694 SQ.FT. OR 0.314 AC. 7 EXISTING/ RIGHT-OF-WAY NOTE ALL BEARINGS ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM. NAD-83, THE NORTH CENTRAL ZONE. NTH A SURFACE FACTOR FOR THIS PROJECT OF 1.00012. ALL BEARINGS AND DISTANCES AND AREAS SHOWN ARE SURFACE. DETAIL 200 •. C-3 i `� 1 1 C-1 36'29' 14"W/ 6.01' / S 89'47'57"W 18.01' ,.1 IOF- RIGEXISTHT-NG WAY PROPOSED RIGHT-OF-WAY EXCESS RIGHT-OF-WAY GOLDEN TRIANGLE BLVD. (A 120' RIGHT-OF-WAY) S 7?9. BSS8�0 Nit Nt `mot;;;... EXISTING IGHT-OF-WAY a 3.241 ACRES RIGHT-OF-WAY EASEMENT TO TARRANT COUNTY HIGHWAY DEPT. VOLUME 5529 PAGE 17 D.R.T.C.T. SEE DETAIL 5/8IRON ROD FND O.B O w 0atacs �ZZoZZ aF c�aoc' ooce oo3id i 3 ul 3 0 EXISTING RIGHT-OF-WAY EXISTING RIGHT-OF-WAY 5/8'IRON PROPOSED ROD FNI RIGHT-OF-WAY/ P.O.C. EXISTING RIGHT-OF-WAY N 13'33'13"E 83.75' City of Fort Worth 1000 THROCKMORTON STREET • FORT WORTH, TEXAS 76102 EXHIBIT SHOWING A 20.0' WIDE SANITARY SEWER EASEMENT OUT OF A PORTION OF THE EXISTING GOLDEN TRIANGLE BOULEVARD RIGHT-OF-WAY SITUATED IN THE WILLIAM McCOWAN SURVEY ABSTRACT N0. 999 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS AS RECORDED IN VOLUME 5529, PAGE 12 do VOLUME 5529, PAGE 17 DEED RECORDS OF TARRANT COUNTY, TEXAS PROJECT: GOLDEN TRIANGLE BLVD. FROM IH-35W TO US HWY 377 SANITARY SEWER EASEMENT AREA 13,694 SQUARE FEET OR 0.314 ACRES JOB NO. 0510-1893 I DRAWN BY: JLC I CADD FILE: 1893-ROW.OWG OATS: AUGUST 4, 2010 PAGE 1 OF 1 SCALE: 1• a 200' GORRONDONA At ASSOCIATES, INC. • 6707 BRENTWOOD STAIR ROAD, SUITE 50 FORT WORTH, TX. 78112 L. COOPER ED PROFESSIONAL L,WD SURVEYOR 5254 817-496-1424 FAX 817-496-1788 ■ 1111111111 1 1 II Lot Report PARCEL 29 SS EASEMENT Bearing taDI Dit "t,- I " (continued) Wed Aug 04 11:51:12 2010 Distance Radius Delta Chord Ang Chord Length 986.00 03039'16" N 87°02'10" W 62 88 62 89 1109.76 08°30'42" N 62°41'14" W 164.71 164.86 N 58°29'40" W 165.65 N 00°28'48" W 20.27 S 58°29'40" E 165.58 798.53 22°58'55" N 69°32'02" W 318.15 320.30 818.53 23°12'34" S 69°39'11" E 329.31 331.57 1089.76 11°37'07" S 64°14'24" E 220.60 220.98 N 90°00'00" E 0.00 Closure Error Distance> 0.0000 Total Distance> 1452 10 LOT AREA: 13694 SQ FT OR 0.314 ACRES Page 1 o f 1 Golden Triangle Boulevard from I-35W to U.S. Highway No. 377 Parcel No. 29-A 20.0' Sanitary Sewer Easement Golden Triangle Boulevard William McCowan Survey, Abstract No. 999 Exhibit "E-2" Being a 0.023 acre tract of land out of the William McCowan Survey, Abstract No. 999, City of Fort Worth Tarrant County, Texas and being a portion of a 0.074 acre tract of land (net area by deed) deeded to Tarrant County Highway Department for Right -of -Way Easement as recorded in Volume 5529, Page 12 of said Deed Records of Tarrant County, Texas, said 0.023 acre tract of land being a portion of Golden Triangle Boulevard (a 120' right-of-way) and being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod found for the northwest corner of said 0.074 acre tract of land, said 5/8 inch iron rod being in the existing north right-of-way line of said Golden Triangle Boulevard, said 5/8 inch iron rod being the most southerly southwest corner of Lot 2, Block 1, All Storage Old Denton, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Cabinet A, Slide 11820 of the Plat Records of Tarrant County, Texas, said 5/8 inch iron rod being the southeast corner of a 65.65 acre tract of land (by deed) deeded to Triangle I-35 Realty, Ltd. as recorded in Document No. D206086268 of said Deed Records of Tarrant County, Texas, said 5/8 inch iron rod being the northeast corner of a 0.949 acre tract of land deeded to Tarrant County Highway Department for Right -of -Way Easement as recorded in Volume 5532, Page 121 of said Deed Records of Tarrant County, Texas; THENCE South 00 degrees 28 minutes 53 seconds East, a distance of 20.59 feet to the POINT OF BEGINNING of the herein described 0.023 acre tract of land, said point being the beginning of a non -tangent curve to the nght having a radius of 818.53 feet, a central angle of 03 degrees 30 minutes 11 seconds and whose chord bears South 83 degrees 00 minutes 33 seconds East, a distance of 50.04 feet; THENCE with said non -tangent curve to the right, an arc length of 50.04 feet to a point for corner, from which a 5/8 inch iron rod with cap stamped "Gorrondona" set for corner in the existing northeasterly right-of-way line of said Golden Triangle Boulevard bears North 00 degrees 28 minutes 48 seconds West, a distance of 21.64 feet, said 5/8 inch iron rod with cap being the southwest corner of a 12.718 acre tract of land (by deed) deeded to deeded to Bear Creek Plaza, Ltd as recorded in Document No. 206315496 of said Deed Records of Tarrant County, Texas, said 5/8 inch iron rod with cap being the most southerly southeast corner of said Lot 2, from which a 5/8 inch iron rod found for the northwest corner of said 12.718 acre tract of land bears North 00 degrees 28 minutes 48 seconds West, a distance of 616.66 feet, said 5/8 inch iron rod found also being an interior ell corner of said Lot 2, THENCE South 00 degrees 28 minutes 48 seconds East, a distance of 20.27 feet to a point for the beginning of a non -tangent curve to the left having a radius of 798.53 feet, a central angle of 03 degrees 35 minutes 32 seconds and whose chord bears North 82 degrees 49 minutes 15 seconds West, a distance of 50.06 feet; Page 1 of 2 re Exhibit "E-2" (continued) Golden Triangle Boulevard from I-35W to U.S. Highway No. 377 Parcel No. 29-A 20.0' Sanitary Sewer Easement Golden Triangle Boulevard William McCowan Survey, Abstract No. 999 THENCE THENCE Notes: with said non -tangent curve to the left, an arc length of 50.06 feet to a point for comer; North 00 degrees 28 minutes 53 seconds West, a distance of 20.10 feet to the POINT OF BEGINNING, and containing 1,001 square feet or 0.023 acres of land, more or less. A plat of survey accompanies this legal descnption. All Bearings are referenced to the Texas Coordinate System, NAD-83, The North Central Zone, with a surface factor for this project of 1.00012. All bearings referenced here are grid, distances and areas shown are surface. Surveyed on the Ground: February 3, 2010 Jo ' Coop R i :: tered Professional Lan Surveyor Texas No. 5254 Page 2 of 2 I✓XIIIUIL L'-G (continued) _IIIII IIIII„11111I1111IIIIY IIIIII11111II Il,,all„ IYIIII I1 I I I II II IIIIIIIYIIIIII.II III mIIIIIIIiIaIIIIIIIIIIIIIIIIi III I III IIIII11Yllll 1,11 IIIIII11111I 111 IIIIIIII11I11 II 1 NC?TE: ROW MARKERS ARE 5/8" IRON ROO SET 1MTH BLUE CAP STAMPED 'GORRONOCNA" PARCEL No. 29—A gUfWE TABLE I CURVE I RADIUS I DELTI\AnC-1 818.53' 03'3011" S 83'00'33'E 50.04' 50.04' 1 C-2 798.53' 03'35 32' N 82'49' 151/1 50.08' 50.08' 65.65 ACRES (BY DEED) TRIANGLE 1-35 REALTY LTD DOC. NO. 0206086268 D.R.T.C.T. GT/OLD DENTON, LID. 200 100 DOC. NO D208315495. D.R.T.C.T. � sj °1' otti,2 SCALE IN FEET 5/8IRON CLfI4.'?' C8 Ol�L'� ROD END • EXISTING P4 s.41. 11S RIGHT-OF-WAY T,"�' rl� ©N IIIIII)IIIIII illIHill I III II III II II II I IIIil IIII IIIII IIIIIIIidiYl 11IIII II I I IIIIIIIII 11 JII IIdI''IIIII ill IIJJi IIIll,Ji,IJ111IIIIIIIIIJ, 111IWI 1111 II I IIIIII 11 III hill' 1 LI NOTE ALL BEARINGS ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM. NAD-83. THE NORTH CENTRAI. ZONE, WITH A SURFACE FACTOR FOR THIS PROJECT OF 1.00012. ALL BEARINGS AND DISTANCES AND AREAS SHOWN ARE SURFACE. to WILLIAM McCOWAN SURVEY ABSTRACT No. 999 LOT z, BLOCS 1 S 1 EXISTING RIGHT-OF-WAY ROD FND S 00'28'53 20.59' P.O.B. N 00'28'53"W -�� 20.101 RIGHT257-9AY TRACT 12 54.866 ACRES (BY DEED) AIL INVESTMENT, L.P. VOLUME 14315, PAGE 56 D.R.T.C.T. o WoKr EWER EAStMENT .001 SQ.FT. OR 0.023 AC. p 12.718 ACRES (BY DEED) BEAR CREEK PLAZA, LTD. DOC. NO. 0208315496 D.R.T.C.T. 0.074 ACRE (NET AREA)_ RIGHT-OF-WAY EASEMENT TO TARRANT COUNTY HIGHWAY DEPT. VOLUME 5529 PAGE 12 D.R.T.d.T. PROPOSED RIGHT-OF-WAY EXCESS RIGHT-OF-WAY GOLDEN TRIANGLE BLVD. (A 120' RIGHT-OF-WAY) 3.241 ACRES RIGHT-OF-WAY EASEMENT TO TARRANT COUNTY HIGHWAY DEPT. VOLUME 5529 PAGE 17 D.R.T.C.T. 200 02 O il. O / LU 0 EXISTING IGHT-OF-WAY P 004100 aH wee ov36" ill 3 rw •- > EXISTING RIGHT-OF-WAY EXISTING RIGHT-OF-WAY PROPOSED RIGHT-OF-WAY EXISTING RIGHT-OF-WAY City of Fort Worth 1000 THROCKMORTON STREET • FORT WORTH, TEXAS EXHIBIT SNOWING A 20.0' SANITARY SEWER EASEMENT OUT OFA PORTION OF THE EXISTING GOLDEN TRIANGLE BOULEVARD RIGHT-OF-WAY SITUATED IN THE WILLIAM McCOWAN SURVEY ABSTRACT NO. 999 CITY OF FORT WORTH TARRANT COUNTY TEXAS AS RECORDED IN VOLUME 5529, PAGE 12 DEED RECORDS OF TARRANT COUNTY, TEXAS PROJECT: GOLDEN TRIANGLE BLVD. FROM IH-35W TO US HWY 377 UTILITY EASEMENT AREA• 001 SQUARE FEET OR 0.023 ACRES JOB NO. 0510-1693 DRAWN BY: JLC CAOD FILE: 1893-RCW,DWG DATE: AUGUST 4, 2010 ( PAGE 1 OF 1 SCALE: r a 200' GORRONDONA . ASSOCIATES, INC. • 8707 BRENTNOOD STAIR ROAD, SUITE 50 FORT WORTH, TX. 78112 76102 E OF T� u1 4 JON L. COOPER %ye J4 L CS.PER ECI' ED PROFESSIONAL u • SURVEYOR 0., 254 • 817-496-1424 FAX 817-496-1768 • Lot Report PARCEL 29-A SAN SEWER EASEMENT Bearing Distance Radius Delta 818.53 03°30'11" S 00°28'48" E 20.27 798.53 03°35'32" N 00°28'53" W 20.10 Closure Error Distance> 0.0000 Total Distance> 140 48 LOT AREA: 1001 SQ FT OR 0.023 ACRES (continued) Wed Aug 04 16:43:14 2010 Chord Ang Chord Length S 83000133" E 50.04 50.04 N 82°49'15" W 50.06 50.06 Page 1 of 1 Golden Triangle tangle Boulevard from 135W to U.S. Parcel No. 29 15.0' Utility Easement Golden Triangle }t ouievard William McCowan Survey, Abstract No. 999 way No. 377 Exhibit "F-1" Being a 0.258 acre tract of land out of the William McCowan Survey, Abstract No. 999, City of Fort Worth, Tarrant County, Texas and being a portion of a 3.241 acre tract of land (by deed) deeded to Tarrant County Highway Department for Right -of -Way Easement as recorded in Volume 5529, Page 17 of the Deed Records of Tarrant County, Texas, and being a portion a of a 0.074 acre tract of land (net area by deed) deeded to Tarrant County Highway Department for Right -of -Way Easement as recorded in Volume 5529, Page 12 of said Deed Records of Tarrant County, Texas, said 0.258 acre tract of land being a portion of Golden Triangle Boulevard (a 120' right -of -Way) and being more particularly described by metes and bounds as follows: COMMENCING at a point for the southeast corner of a 12.718 acre tract of land (by deed) deeded to Bear Creek Plaza, Ltd. as recorded in Document No. D206315496 of said Deed Records of Tarrant County, Texas, said point being the intersection of the existing north right-ofaway line of said Golden Triangle Boulevard with the existing west right-of-way line of Old Denton Road (a variable width right-of-way), said point being in the north line of said 3.241 acre tract of land, said point also being the beginning of a non -tangent curve to the right having a radius of 512.96 feet, a central angle of 06 degrees 34 minutes 50 seconds and whose chord bears North 82 degrees 13 minutes 40 seconds West, a distance of 58.88 feet, from which a 5/8 inch iron rod found for a corner in the east line of said 12.718 acre tract of land and in the existing west right-of-way line of said Old Denton Road bears North 13 degrees 33 minutes 13 seconds East, a distance of 83.75 feet; THENCE with a northerly line of said 3.241 acre tract of land, with a southerly line of said 12.718 acre tract of land, with the existing northerly right-of-way line of said Golden Triangle Boulevard and with said non -tangent curve to the right an arc length of 58.92 feet to a 5/8" iron rod with cap stamped "Gorrondona" set for the POINT OF BEGINNING of the herein described 0.258 acre tract of land, said 5/8 inch iron rod with cap being the intersection of the existing northerly right-of- way of said Golden Triangle Boulevard with the proposed westerly right-of-way line of said Old Denton Road; THENCE South 36 degrees 29 minutes 14 seconds West, with the proposed westerly right-of- way line of said Old Denton Road, a distance of 6.01 feet to a 5/8 inch iron rod with cap stamped ed "Gorrondona" set for the intersection of the proposed west right-of-way line of said Old Denton Road with the proposed north right-of-way line of said Golden Triangle Boulevard; • THENCE South 89 degrees 47 minutes 57 seconds West, with the proposed north right-of-way line of said Golden Triangle Boulevard, a distance of 16.01 feet to a 5/8 inch iron rod with cap stamped "Gorrondona" set for the beginning of a curve to the right having a radius of 986.00 feet, a central angle of 01 degrees 29 minutes 01 seconds and whose chord bears North 89 degrees 27 minutes 32 seconds West, a distance of 25.53 feet; Page 1of3 OFFICIAL RECORD CITY SECRETARY Ft WORTH, TX Exhibit "F-1 " (continued) Golden Triangle Boulevard from I-35W to U.S. Highway No. 377 Parcel No. 29 15.0' Utility Easement Golden Triangle Boulevard William IN/IcCowan Survey, Abstract No. 999 THENCE with the proposed northerly nght-of-way line of said Golden Triangle Boulevard and with said curve to the right, an arc length of 25.53 feet to a point for the beginning of a non -tangent curve to the right having a radius of 527.96 feet, a central angle of 16 degrees 57 minutes 35 seconds and whose chord bears North 65 degrees 44 minutes 41 seconds West, a distance of 155.71 feet; THENCE with said non -tangent curve to the right, an arc length of 156.28 feet to a point for comer; THENCE THENCE THENCE THENCE North 57 degrees 20 minutes 23 seconds West, a distance of 236.65 feet to a point for the beginning of a curve to the left having a radius of 761.20 feet, a central angle of 24 degrees 38 minutes 08 seconds and whose chord bears North 69 degrees 53 minutes 15 seconds West, a distance of 324.78 feet; with said non -tangent curve to the left, an arc length of 327.30 feet to a point for comer, North 00 degrees 28 minutes 48 seconds West, a distance of 15.15 feet to a 5/8 inch iron rod with cap stamped ` Gorrondona" set for comer in the existing northeasterly right-of-way line of said Golden Triangle Boulevard, said 5/8 inch iron rod with cap being the southwest comer of said 12 718 acre tract of land said 5/8 inch iron rod with cap being the most southerly southeast corner of Lot 2, Block 1, All Storage Old Denton an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Cabinet A, Slide 11820 of the Plat Records of Tarrant County, Texas, said 5/8 inch iron rod with cap also being the beginning of a non -tangent curve to the right having a radius of 776 20 feet, a central angle of 24 degrees 48 minutes 04 seconds and whose chord bears South 69 degrees 57 minutes 57 seconds East, a distance of 333.37 feet, from which a 5/8 inch iron rod found for the northwest corner of said 12.718 acre tract of land bears North 00 degrees 28 minutes 48 seconds West, a distance of 616.66 feet, said 5/8 inch iron rod found also being an interior ell corner of said Lot 2; with a south line of said 12.718 acre tract of land, with the existing north right-of- way line of said Golden Triangle Boulevard and with said non -tangent curve to the right, an arc length of 335.99 feet to a 5/8 inch iron rod with cap stamped "Gorrondona" set for corner; Page 3 of 3 Exhibit "F-1" (continued) Golden Triangle Boulevard from I-35W to U.S. Highway No. 377 Parcel No. 29 15.0' Utility Easement Golden Triangle Boulevard William McCowan Survey, Abstract No. 999 THENCE South 57 degrees 20 minutes 23 seconds East, with the southwesterly line of said 12.718 acre tract of land and with the existing northeasterly right-of-way line of said Golden Triangle Boulevard, a distance of 236.65 feet to a 5/8 inch iron rod found for the beginning of a curve to the left having a radius of 512.96 feet, a central angle of 21 degrees 40 minutes 21 seconds and whose chord bears South 68 degrees 06 minutes 04 seconds East, a distance of 192.88 feet; THENCE with a south line of said 12.718 acre tract of' land with the existing north right-of-way line of said Golden Triangle Boulevard and with said curve to the left, an arc length of 194.03 feet to the POINT OF BEGINNING, and containing 11,244 square feet or 0.258 acres of land, more or less. Notes: (1) A plat of survey accompanies this legal description. (2) All Bearings are referenced to the Texas Coordinate System, NAD-83, The North Central Zone, with a surface factor for this project of 1.00012. All bearings referenced here are grid, distances and areas shown are surface. Surveyed on the Ground: February 3, 2010 Cooper stered Professional Land Surveyor Texas No. 5254 Page 3 of3 • Exhibit "F-1" (continued) --. NOTE: ROW MARKERS ARE 5/8" IRON ROD SET MTh BLUE CAP STAMPED "GORRONDONA" CURVE C-1 C-2 C-3 C-4 C-5 C-6 RADIUS 512.96' 988.00' 527.98' 761.20` 776.20' 512.96' CURVE TABLE DELTA O6'34 50" 01'29 01 " 16'57 35" 24 38 08" 24'48 04" 21.4021" 65.65 ACRES TRIANGLE 1-35 REALTY LTD DOC. NO. 0206086268 D.R.T.C.T. A3 o 25,1 a EXISTING RIGHT-OF-WAY PROPOSED RIGHT-OF-WAY WILLIAM McCOWAN SURVE ABSTRACT No. 999 0 txO Arc-- W<-- BEARING N 82'13 40' N 89'27 32'WW N 65'44 41'W N 69'5315'W S 69'57 57"E S 68'08 04*E .u.uu,.n,u hi I .ili6i1iemeu,ni11euu1 II i„theieeumweuei"i1wei,,,wu um ulllil ill iik I111111 YlilL lLioY1111411111144111IIYIni 11 II II i I IIIludid iIIII llnn hill ILIA Jludwn I ull lalun1ulaii PARCEL No. 29 CHORD 58.88' 25.53' 155.71' 324.78' 333.37' 192.88' ARC 58.92' 25.53' 158.28' 327.30' 335.99' 194.03' 200 100 91 NOTE: ALL BEARINGS ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NAD-83, THE NORTH CENTRAL ZONE. WATH A SURFACE FACTOR FOR THIS PROJECT OF 1.00012 AU. BEARINGS AND DISTANCES AND AREAS SHOWN ARE SURFACE 1 C-2 ' o�'FROND SCALE IN FEET � 44 COT c'4BN�'�4.et°or PRTGSUTf �B 12.718 ACRES (BY DEED) BEAR CREEK PLAZA, LTD DOC. NO D206315496 D R.T.C.T. 15.0' UTILITY EASEMENT 11,244 SQ.FT. OR 0.258 ACRE EXISTING RIGHT-OF-WAY TRACT 12 54.866 ACRES (BY DEED) AIL INVESTMENT, L.P. VOLUME 14315, PAGE 58 D.R.T.C.T. &rrWotrr PROPOSED RIGHT-OF-WAY EXCESS RIGHT—OF—WAY I?04N /• `Sj► 4.104,74t v ��". ?3 �o ly 419 e< VO?o? 'k .T� R, EXISTING IGHT-OF-WAY 3.241 ACRES RIGHT-OF-WAY EASEMENT TO TARRANT COUNTY HIGHWAY DEPT. VOLUME 5529 PAGE 17 D.R.T.C.T. 4010 DETAIL C-1 ' S 36'29'1eVi 6.01'• / L-S 89'47'57"W •• 18.01' 03 EXISTING Q RIGHT-OF-WAY 0 li O / Lus 09 0 O > SEE DETAIL 5/8IIRON ROD FND . 0 B 1 EXISTING RIGHT-OF-WAY EXISTING RIGHT-OF-WAY 5/81RON PROPOSED ROD Fmk RIGHT -OF- '+Y (P.O.C. EXISTING RIGHT-OF-WAY - N 13'33' 13"E 83.75' City of Fort Worth 1000 THROCKMORTON STREET • FORT WORTH, TEXAS EXHIBIT SHOWING A 15.0' UTILITY EASEMENT OUT OF A PORTION OF THE EXISTING GOLDEN TRIANGLE BOULEVARD RIGHT—OF—WAY SITUATED IN THE WILLIAM McCOWAN SURVEY ABSTRACT NO. 999 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS AS RECORDED IN VOLUME 5529, PAGE 12 de VOLUME 5529, PAGE 17 DEED RECORDS OF TARRANT COUNTY, TEXAS PROJECT: GOLDEN TRIANGLE BLVD. FROM IH-35W TO US HWY 377 15.0' UTILITY EASEMENT AREA 11 244 SQUARE FEET OR 0.258 ACRES JOB NO 0510-1693 ( DRAWN BY: JLC J CADO FILE: 1693-ROW.OWG DATE: AUGUST 4, 2010 PAGE 1 OF 1 +SCALE: 1* - 200' GORRONDONA & ASSOCIATES. INC. • 8707 BRENTW000 STAIR ROAD, SUITE 50 FORT 'NORTH, TX. 78112 76102 OPER ED PROFESSIONAL L►, 0 SURVEYOR 5254 • 817-498-1424 FAX 817-498-1768 Golden Triangle goulevarrell at1o1li 35WJ to U.S. Hi i way No. 377 Parcel No. 290A 15.09 Utility Easement Golden Triangle toulevard William McCowan Survey, Abstract No. 999 Exhibit "F-2" Being a 0.017 acre tract of land out of the William McCowan Survey, Abstract No. 999, City of Fort Worth, Tarrant County, Texas and being a portion of a 0.074 acre tract of land (net area by deed) deeded to Tarrant County Highway Department for Right -of -Way Easement as recorded in Volume 5529, Page 12 of said Deed Records of Tarrant County, Texas, said 0.017 acre tract of land being a portion of Golden Triangle Boulevard (a 120' right-of-way) and being more particularly described by metes and bounds as follows: EGINNING at a 5/8 inch iron rod found for the northwest corner of said 0.074 acre tract of land, said 5/8 inch iron rod being in the existing north right-of-way line of said Golden Triangle Boulevard, said 5/8 inch iron rod being the most southerly southwest corner of Lot 2, Block 1, All Storage Old Denton, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Cabinet A, Slide 11820 of the Plat Records of Tarrant County, Texas, said 5/8 inch iron rod being the southeast corner of a 65.65 acre tract of land (by deed) deeded to Triangle I-35 Realty, Ltd. as intY recorded Document No. D206086268 of said Deed Records of Tarrant County, Texas, said 5/8 inch iron rod being the northeast corner of a 0.949 acre tract of land deeded to Tarrant County Highway Department for Right -of -Way Easement as recorded in Volume 5532, Page 121 of said Deed Records of Tarrant County, Texas, said 5/8 inch iron rod also being the beginningof a non - tangent curve to the right having a radius of 776.20 feet, a central angle of 03 degrees 41 minutes 05 seconds and whose chord bears South 84 degrees 12 minutes 34 seconds East, a distance of 49.91 feet; THENCE with the existing northerly right-of-way line of said Golden Triangle Boulevard, with the rnost southerly south line of said Lot 2 and with said non -tangent curve to the right, an arc length of 49.92 feet to a 5/8 inch iron rod with cap stamped "Gorrondona" set for the most southerly southeast corner of said Lot 2, said 5/8 inch iron rod with cap being the southwest corner of a 12.718 acre tract of land (by deed) deeded to Bear Creek Plaza, Ltd as recorded in Document No. 206315496 of said Deed Records of Tarrant County, Texas, from which a 5/8 inch iron rod found for an interior ell corner of said Lot 2 bears North 00 degrees 28 minutes 48 seconds West, a distance of 616.66 feet, said 5/8 inch iron rod found being the northwest corner of said 12.718 acre tract of land; THENCE South 00 degrees 28 minutes 48 seconds East, a distance of 15.15 feet to a point for . the beginning of a non -tangent curve to the left having a radius of 761.20 feet, a central angle of 03 degrees 45 minutes 30 seconds and whose chord bears North 84 degrees 05 minutes 07 seconds West, a distance of 49.92 feet; THENCE with said non -tangent curve to the left, an arc length of 49.93 feet to a point for corner; Page 1of2 OFFIUAL RECOkD CITY SECRETARY FT. WORTH, TX Exhibit "F-2" (continued) Golden Triangle Boulevard from I-35W to U.S. Highway No. 377 Parcel No. 29-A 15.0' Utility Easement Golden Triangle Boulevard William McCowan Survey, Abstract No. 999 THENCE North 00 degrees 28 minutes 53 seconds West, a distance of 15.05 feet to the POINT OF BEGINNING, and containing 749 square feet or 0.017 acres of land, more or less. Notes: (1) A plat of survey accompanies this legal description. (2) All Bearings are referenced to the Texas Coordinate System, NAD-83, The North Central Zone, with a surface factor for this project of 1.00012. All bearings referenced here are grid, distances and areas shown are surface. Surveyed on the Ground: February 3, 2010 0 7..-C-Ooper Jn Reered Professional and Surveyor Texas No. 5254 Page 2 of 2 rani UIL r-L (continued) IulIItlllllllml luJIIJIIIIIIIILiIJllll'"""""'" ��a^"�nai�ei�ueli wl IIIIIIIionwhli memduJmuunJJuII�JJ 66h ILIlOIII IIII�IIIIIiIIlIIIIIIII�II�i�IIIIIIII�IiI IJJIIIduJ!WI1111duundl lllllllllltlIJlllllulll 11JEIe1I 111111111 II IOIII'IIIOIIIIinul IIIIeillldiJIIJIIIJIIuddIIlllhhalllllllllllllllillilllillilihhlillllulhllllillllllllL'I". IllulullllJllllhlllluulililp6I,IJJIIIIIIIiIIIIu Ili �IIIIIILi IM1111I 11.J II " IIII:Ihlililulllll l lli l l l' III_ NOTE: ROW MARKERS ARE 5/8" IRON ROD SET WITH BLUE CAP STAMPED "GORRONDONA' 1 I CURVE I RADIUS 1 C-1 776 20 1 C-2 761.20. PARCEL No. 29—A CURVE TABU OELMA BEARING CHORD ARC 03'41 05" S 84 inkiwg 49.91' ( 49.92' 03'45 30" N 84'05.07"W 49.92' 49.93' 65.65 ACRES BY DEED) TRIANGLE 1-35 REALTY LTD DOC. NO. D206086268 D.R.T.C.T. N_ 35w a NI ,wig 0 ocfrA lacq 0 ` • RIGHTT ESTIN WAY 1 5/8 IROD N N 00'28153"W----r' �_2 LOT 2, BLOCK 1 15.05'� RIGHT02OF-WAY TRACT 12 54.866 ACRES (BY DEED) AIL INVESTMENT L P. VOLUME 14315, PAGE 56 D.R.T.C.T. S 00'28'48"E 15.15' GT/OLD DENTON, LTD. DOC. NO. D208315495 D.R.T.C.T. 5/8'IRON ROD FND 200 100 NOTE: ALL BEARINGS ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NAO-83, THE NORTH CENTRAL ZONE, WITH A SURFACE FACTOR FOR THIS PROJECT OF 1.00012 ALL BEARINGS AND DISTANCES AND AREAS SHOWN ARE SURFACE stop a.:ALE IN FEET ZO WILLIAM McCOWAN SURVEY ABSTRACT No. 999 15.0' UTILITY EASEMENT' 749 SQ.FT. OR 0.017 AC. 200 EXISTING RIGHT—OF—WAY 12.718 ACRES (BY DEED) BEAR CREEK PLAZA, LTD. DOC. N0. D206315496 D.R.T.C.T. PROPOSED RIGHT-OF-WAY 0.074 ACRE (NET AREA) RIGHT-OF-WAY EASEMENT ,-TO TARRANT COUNTY HIGHWAY DEPT. VOLUME 5529, PAGE 12 D.R.T.C.T. EXCESS RIGHT—OF—WAY EXISTING IGHT—OF—WAY 3.241 ACRES RIGHT-OF-WAY EASEMENT TO TARRANT COUNTY HIGHWAY DEPT VOLUME 5529,PAGE 17 D.R.T.G.T. 02 0I CC 0 Li] 0 EXISTING RIGHT-OF-WAY EXISTING RIGHT-OF-WAY PROPOSED RIGHT-OF-WAY EXISTING RIGHT-OF-WAY otrrWor City of Fort Worth t 000 iHflOCKMOflfON STREET • iORT WORTH, TEXAS J8�02 1000 THROCKMORTON • FORT 76102 EXHIBIT SHOWING A 15.0' UTILITY EASEMENT OUT OF A PORTION OF THE EXISTING GOLDEN TRIANGLE BOULEVARD RIGHT—OF—WAY SITUATED IN THE WILLIAM McCOWAN SURVEY ABSTRACT N0. 999 CITY OF FORT WORTH TARRANT COUNTY, TEXAS AS RECORDED IN VOLUME 5529, PAGE 12 DEED RECORDS OF TARRANT COUNTY, TEXAS PROJECT: GOLDEN TRIANGLE BLVD. FROM IH-35W TO US HWY 377 UTILITY EASEMENT AREA' 749 SQUARE FEET OR 0 017 ACRES JOB NO. 0510-1693 DRAWN BY: JLC I CARD FILE: 1693—ROW.DWO DATE: AUGUST 4, 2010 I PAGE 1 OF 1 SCALE: 1" a 200' GORRONDONA dt ASSOCIATES, INC. • 8707 BRENT'WOOD STAIR ROAD, SUITE 50 FORT WORTH, TX. 78112 SY OF•Ast.34 T &,/'� m 0 JON L. COOPER (eke% r254 �r! .°ess.. S. 4 0'04- L. COOPER (STEREO PROFESSIONAL LAN 5254 • 817-498-1424 FAX 817-498-1768 SURVEYOR I III 11 I 1111111 "C".. rr� i 795 790 715 780 112.00 -T 0 O ti 113.00 ' TY II CURB t)U0N0 ) 7' TY II CURB (I40NO) ' CONC. SIDEWALK ' TY II• CURB (MONO) TY II CURB (MONO) O N ti 114.00 CURV NO. • GOLDEN TRIANGLE BLVD. C/L PC STAA1117.24.98 1 • 1 e 33' 15' 28.66' (RT) 32' 58' 14.89' (LT) t15.00 l ▪ v C1 O - Ql W r- •• r1 r• V r- h r" N- A f� A f• 116.00 CURVE 04A.40" A 5• 35' 5' 27' 24.27' T*TSTINC 117.00 1 \02 .0000 1'b o. 0000 ' CONC. SIDEWALK SEE ROADWAY DETAILS (SHT.20 ) FOR TYPICAL TURN LANE LAYOUT 1 II L 306. 304 1 594.9724 310.7332 604.2215 EXISTING GROUND • C/I. CT 00NU _d_ RT. ' PGL FRS RIG 49,Rt to I REV. NO. O v v v v v v v POINT DATA PT, NAINLANES OFFSET STA FROM C/L 45 1 15.60.. 49. 00' LT 1 1 1,-60. 33 10. 00' LT < 48 115-60.33 22.00'RT < 49 1 15.60. 33 49. 00' RT 50 1 1 8-50. 00 22. 00' RT 51 1 1 8.67. 91 18}. 65' RT 53 1 19-�. 00 10. 00' RT < 54 55 1T 20• . 5 10,00'2 , 'b. { T 57i49. 00�_T < 58 I!E1 4. 00 RT 59 1 1•4/7 16 49.00'LT < 60 122.34 03 23. 84' RT 61 122.33.80 11.83'LT 1 �? 123.07. 34 52. 30' RT < 16 123.07.34 25. 30' RT 64 23.07. 4 13.30).T < 70 123.07. 4 S2.30 LT t 71 1 23.42. 1 53. b7' RT 72 123-96.23 26. 00' RT 661 123-42.16 26.00-R7 < 851 1 13.1 7. TS .?. 00>_T _85 1 3.1 T. 33 . 00 RT < 85_ 113.55.00 6.001_T 854 114.45.00 00 RT < 1 855 1 14.82. 6 7 1 bb' L T < 1 856 1 1 4.82. 6/ 22. 00' RT 85 t 1 16.50. 0{S 10. 00' L T 858 1 1fj•�� 65 12. 70' LT < 854 1 ((6• . f7 18. TS' LT 860 117.00.00 72.00_LT < 861 123.42.16 14.00'LT 862 23.42. 16 53.00' L T C REALIGNMENT AT OLD DENTON RD. DESCRIPTION OF CHANCE 'eplacege/Sj�U�lOJ& -0 Ilt GI'tAQE: LINT: 49' t.EFT 1!< RIGHT C/L GOLDEN TRIANGLE BLVD. • • j-X1STIMt CROON() • LT. if-- (_) 0. 500% 7.1n O O • • t lD 10 A ti A f` 118.00 119.00 120.00 121.00 PGL 795 6 ° 1 (0P.'C J / f �90.. (v� 785 780 775 Tomas Drams -fowl, p/ TrOrgper7•a.ton FORT WORTH PAVING PLAN AND PROFILE t2 CC 161 GOLDEN TRIANGLE 770 iOtT 1110PtTic TEXAS 765 it ▪ 0 OS O •� v1 �D C- O lD 10al • - • • • -- -• A !� p.n../ •� A ti A • ti -- 122.00 123.00 760 124.00 755 •.•r rii ■. .... .. J 1TACUE lrlcc piD STOW PIPS o rn W von imma^-'Z SCALEI 1. • 100'1Z. •CMMIL "0-4 ..o. I 6 5TP ( ) W 1162 I• otIT. doter. TEXAS TTv C71111, SCC'l. 090? 48 TArniAWT Job 1 omit- 7 08 CS REV. NO. ti N REALIGNMENT AT OLD DENTON RD. DESCRIPTION OF CHANGE ECS 5/14/10 BY DATE �R O TYPE J CUT THROUGH AT '4-a• MEDIAN ISLANDS T'rPE F COMB I NAT I ON �•_` CURB RAMP TYPE F COMBINATION CURB RAU A 127•(6.84z 6' TY I1 CURE (MONO) 7' TY II CURB (MONO) TYPE J CUT THROUGH AT R•200' MEDIAN ISLANDS 6' TY II CURB (MONO) TYP. TYPE K COMBINATION ISLAND CUT THROUGH TYPE F COMBINATION CURB RAMP TYPE J CUT THROUGH AT MEDIAN ISLANDS NOTE: FOR PLAN OF MBCF SEE SHT 206 s 207 735 780 775 ri :I; •••=" C mai 1.4 ZIP fr 745 O ti -• • - • -.••••- . R•80' A TA 29- i5.77 00 DENTON RD.--1 ND CONC. PAVEMENT AIDE FLANGE PAVEMENT TERMINAL • • EXISTING 6'X8' BOX CULVERT VPI STA 26.97.00 OLD DENTON RD. BEGIN CONC. PAVEMENT& WIDE FLANGE PAVEMENT TERMINAL PT STA 27.00.00 OLD DENTON RD. LIN STA 128.96.02 GOLDEN TRIANGLE BLVD. STA 28.00.00 OLD DENTON RD. SEE SHT. 178 FOR SIDESTREET P/P© SEE SHT. 193 FOR INT. LAYOUT R-80' TYPE F COMBINATION CURB RAMP TYPE K COMBINATION ISLAND CUT THROUGH R■200' 5' CONC- SIDEWALK • N n • 1- • PGL(49'LT) R.O.W. N 8• 9' 47' 57- . R. O. W. TYPE J CUT THROUGH AT MEDIAN ISLANDS TYPE F COMBINATION CURB RAMP R■50' TYPE F COMBINATION CURB RAMP 33 •0 1_ OLD DENTON RD. C/L STA 120.50.000 CRT) ELEV 768.893 • ex •-0.030' K •: 1164 L • f68.421 • CURV NO. ir 14 SEE ROADtAY DETAILS (SHT. 208) FOR TYPICAL TURN LANE LAYOUT 1 - 200 LF TRANSITION LEFT CURB FROM 53' TO 49' E� PGI. 149' RT) GOLDEN TRIANGLE J BLVD. C/L VARIES 32'-36'� -• - 135.00 O 0 • u 0 -gm...-. SEE PAVING LAYOUT FOR DRIVEWAY DIMtENSI0Nc (TYP. ) 200 LF TRANSITION R1GHW CURS FROA 53' TO 49' A CUHVF LTA I26' 09' 53.46' (11) 1 5 27' 2(4.27' i1050b00l 244.0032 4T9.959 10, PROFILE GRADE:LINE • 49' LEFT $ RIGHT C/L :GOLDEN TRIANGLE BLVD. EXISTING GROUND s'Cit �-- EXISTING GR• OUND W RT. PGL / EXISG GROUND (-)0.64sxfTJCU0 1 • • • •i► 4G.J • . POINT DATA PT MAINLANES OFFSET ' STA FROM C/L tZ i:a�:g 11:b1�:I 6 24 61.76 .551_T 68 124.80.00 .00 LT 173 124-30.02 20. 43' AT I7 4 1 4.71_ 4 7... H'RT TS 124.96. 23 4. 00' RT 76 124-53.79 5�3.0f RT 7 7 1 24 • 7. 41 5f. 1 y' R T • 7B 124-8 .'1 62. 29" RT 79 125•91. l9 65, 00' RT 80 127• 799 5. 'RT 81 128.03. 81 ' L T 84 1 _8-0 . 79 .0 T ` 87 i 28.02. 79 �0' T �6 12Q•n.8 66.OQ'RTf in 129.79. 84 53. 00' RT t 1 1 � %Z9•FiO�.�� 14 00 RT e 11J 1 6���RT 1 6 1 Z8•97. !��400' T 4 126 :3:107..7 �b1L_.. 13t 37. 65.007_T 13 5.61.76 4T ` 138 5• 6_ 4' _ T :1(9) 39 13•z T. !I 5. \/ 140 13.•76.17 4.Ob 1 1 4 1 i-a?.(7 8 7. 2 T414, • i. ! T1 3 26/_T 1145 134.27.1144 7 cl 00 _I �j ``0�0'RT . 147 134.2 r. 8 RT 148 134.95.0. 4. 64' RT 149 15•.4, 11 11550 1 5• 7. 15.12'RT 810 1%1 5.6�.5 1f_6'R 81 1 120•25. 28 10R_ 73' 97.44'1T • - v 4..7•.ne1 ..i ?SS._ 780 1 775 770 765 TGO 755 g 01 K h1 iq id ♦ th` d1 ♦ d1 ?+ ♦ N tf t• eh 7A 1S id d+ N 1 `r vd` N A a, R 00�1 •'1 O Q - �d Q+ ♦ N N:O� O - O - r► -, w on on �D O+ - :O N 01 co cD m N In O r- tO a ••1 to -, N f - -. .p Q h M -• -- O 1111 0 N v O+ • v 1D O+ tV ON 01 1D n N V 1 1D O+ O t!'1 V1.111 O N 1 rn n aD 0 O • • • ♦ • • • • • . . . . . .• O O O O n; Q 0' 0 0. 01 0' O 0+ O ra0 0ti ♦ O+ C m �'e- • cD O cD O 1D tD tti 1r1 • tf1 r1 Q 1f1 Q eC1 e .. ,► ., ►- n 1D n 10 1D .a 1D td 1- t0 1- ti1 1D 1D t0 1D act :1D to 1D to to to 1D 40 1D to 1D 10 tD to tD tD :1D tO : t0 *0 tD t0 1D �O 1� I- /� f► 0� I� . P. P. A P. I. P. Po- P. f- P. 1 . A ,- A 1- A . f- A 1- p- f- I. 1- /•. 1- ti A ti . P. A A .1- f- . f- ►- 1- A 1� lti 124.00 125.00 126.00 127.00 128•00 129.00 130.00 131.00 132.00 133.00 134.00 135.00 136.00 750 Foxy WORTH PAVING PLAN AND PROFILE 4 4 1 4 (3 OF 16) GOLDEN TR I ANGLE FORT 1a0►Tit. TEXAS zoo /N. .14.J •• •• N4 , :) MTFAQ.r A1ALL Ib r1711705 • » 10 SCAT. E 1 1- - 100' 1C1R2. 1- • 10' VFRT. ;'... Yt.I -•OIR �/ 6 JJ •LTSTP ( ) um1 , Vet •1*T. C11an♦ 745 TEXAS FT11 COr1. uCT. TARRANT 0/02 708 CS 4e Golden Triangle Boulevard from I-35W to U.S. Highway No. 377 Parcel No. 29-A ROW CONVEYANCE Golden Triangle Boulevard William McCowan Survey, Abstract No. 999 Exhibit "Fir Being a 0.114 acre tract of land out of the William McCowan Survey, Abstract No. 999, City of Fort Worth, Tarrant County, Texas and being a portion of a 3.241 acre tract of land (by deed) deeded to Tarrant County Highway Department for Right -of -Way Easement as recorded in Volume 5529, Page 17 of the Deed Records of Tarrant County, Texas, and being a portion of a 0.074 acre tract of land (by deed) deeded to Tarrant County Highway Department for Right -of -Way Easement as recorded in Volume 5529, Page 12 of said Deed Records of Tarrant County, Texas, said 0.114 acre tract of land being a portion of Golden Triangle Boulevard (a 120' right-of-way) and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod found for the northwest corner of said O.074 acre tract of land, said 5/8. inch iron rod being in the existing north right-of-way line of said Golden Triangle Boulevard, said 5/8 inch iron rod being the most southerly southwest corner of Lot 2, Block 1, All Storage Old Denton, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Cabinet A, Slide 11820 of the Plat Records of Tarrant County, Texas, said 5/8 inch iron rod being the southeast corner of a 65,65 acre tract of land (by deed) deeded to Triangle 1-35 Realty, Ltd. as recorded in Document No. D206086268 of said Deed Records of Tarrant County, Texas, said 5/8 inch iron rod being the northeast corner of a 0.949 acre tract of land deeded to Tarrant County Highway Department for Right -of -Way Easement as recorded in Volume 5532, Page 121 of said Deed Records of Tarrant County, Texas, said 5/8 inch iron rod also being the beginning of a non - tangent curve to the right having a radius of 776.20 feet, a central angle of 03 degrees 41 minutes 05 seconds and whose chord bears South 84 degrees 12 minutes 34 seconds East, a distance of 49.91 feet; THENCE with the existing northerly right-of-way line of said Golden Triangle Boulevard, with the most southerly south line of said Lot 2 and with said non -tangent curve to the right, an arc length of 49.92 feet to a 5/8 inch iron rod with cap stamped "Gorrondona" set for the most southerly southeast corner of said Lot 2, said 5/8 inch iron rod with cap being the southwest corner of a 12.718 acre tract of land (by deed) deeded to Bear Creek Plaza, Ltd as recorded in Document No. 206315496 of said Deed Records of Tarrant County, Texas, from which a 5/8 inch iron rod found for an interior ell corner of said Lot 2 bears North 00 degrees 28 minutes 48 seconds West, a distance of 616.66 feet, said 5/8 inch iron rod found being the northwest corner of said 12.718 acre tract of land; THENCE South 00 degrees 28 minutes 48 seconds East, a distance of 108.87 feet to a 5/8 inch iron rod with cap stamped "Gorrondona" set for corner in the proposed north right- of-way line of said Golden Triangle Boulevard; Page 1 of 2 OFFICIAL RECORD CITY SECRETARY FTT, WORTH, TX Exhibit "H" (continued) Golden Triangle Boulevard from I-35W to U.S. Highway No. 377 Parcel No. 29-A ROW CONVEYANCE Golden Triangle Boulevard William McCowan Survey, Abstract No. 999 THENCE North 64 degrees 02 minutes 09 seconds West, with the proposed north right-of-way line of said Golden Triangle Boulevard, a distance of 13.51 feet to a 5/8 inch iron rod with cap stamped "Gorrondona" set for the beginning of a curve to the left having a radius of 1085.00 feet, a central angle of 02 degrees 11 minutes 31 seconds and whose chord bears North 65 degrees 07 minutes 55 seconds West, a distance of 41.51 feet; THENCE with the proposed northerly right-of-way line of said Golden Triangle Boulevard and with said curve to the left an arc length of 41.51 feet to a 5/8 inch iron rod with cap stamped "Gorrondona' set for corner; THENCE North 00 degrees 28 minutes 48 seconds West, a distance of 90.54 feet to the POINT OF BEGINNING, and containing 4,949 square feet or 0.114 acres of land, more or less. Notes: (1) A plat of survey accompanies this legal description. (2) All Bearings are referenced to the Texas Coordinate System, NAD-83, The North Central Zone, with a surface factor for this project of 1.00012. All bearings referenced here are grid, distances and areas shown are surface Surveyed on the Ground: February 3, 2010 L Coder stered Professional Texas No. 5254 and Surveyor Page 2 of 2 Exhibit "H" (continued) NOTE. ROW MARKERS ARE 5/6' IRON ROO SET WITH B JE CAP STAMPED 'GCRRONDONA' r"IRyE T 108..�0' 1 G Tt`JI- N s o75 65.65 ACRES BY GEED) TR NCLE 1-35 REALTY LTD WC. NO. 0206086260 D.RJLCT. 0' TINO T—Cf—WAY (3 TRACT 12 54 866 ACRES (HY GEED) AIL INVESTMENT, L.P. VOI.UUE 14)15, PAGE 56 D, R.T. C. T. Exhibit "H" PARCEL No. 20• 4 GT/OLD DENTON, LTD. DOC. N0. D20.315495 D.R.T.C.T. 20 44, tar '4534ir,s. kid WILLIAM McCOWAN SUR ABSTRACT No. 999 RIGHT--OF—WAY CONVEYANCE 4,949 SQ.FT. OR 14 AC. 1 if S O8.8'i T 100 SCALE IN F r>8 EY NOTE ALL BEARINGS ARC REFERD4CFD TO THE TEXAS COORDINATE SThlW, NAD-63, THE NORTH CENTRAL ZONE, 1MTH A SURFACE FACTOR FOR This PRO.ECT or 1.00012. AU. BEARINGS AND DISTANCES AND AREAS SHQWH ARE SURFACE, 200 RKTrn1 12,718 ACRES (BY DEED) BEM CREEK PLAZA LTD. DOC. NO, 0206315496 D. R. LC. T. PROPOSED RIGHT-OF-WAY 0.074 ACRE RIGHt•-OP-WAY EASEMENT TARRANT COUNTY HIGHWAY DEPT. VOLUME 5529 PAGE I2 D,R.T.4t T, AY 3.241 ACRES RtOHT-OF-WAY EAS T.AT3PANT COUNTY HIGH VOLUME] 152Q4,� .T. E73STTNG olr-OF-WAY City of Fort Icc0 THPOCKHORTCN STREET ' Patti NcRo4, EKHIBTT SHOVING A VARIABLE WIDTH RIGHT—OF—WAY CONVEYANCE OUT OFA PORTION OF THE EXISTING GOLDEN TRIANGLE BOULEVARD RIGHT--OF—WAY SITUATED IN THE WILL1AMd McCOWAN SURVEY, ABSTRACT N0. 999 CITY OF FORT WORT -4 TARRANT COUNTY, TEXAS REcCROED VOLUME 5529, PAGE 12 At VOLUME 5529, PAGE 17 DEED RECORDS OF TARRANT COUNTY, TEXAS PRO..ECT: +3t?LOE:,N TRIANGLE f30W. FROM 1H—,35W TO US HWY 377 RICH T—CF -`WAY CONVEYANCE AREA; I',949 SCUAPE FEET OR 0.114 ACRES - ace !+O. 0510- 1593 j ;PAWN i1Y: ai C rA00 11.1: 1.1193••1H: M CWJ i4, 20t0 13'u;£ t :F 1 'flit 1• + 2C0• gr'!,tXMA t AN-., t4 't, 9C. • 1707 .IR€Nrr,cO arVR to IF Q ct z Ote Z W IN storm RIGHT—OF—WAY 0 A PROPOSED RIGHT-of-wA-1 EpSRNG RIGHT-Cf-WAY Worth 1rYAS 76102 /2t' - V71 au 3 JOIN L. COOPER 54 4);� L:_CCCPFR 1E: 'ED puor!s5%r'NAL 1.;% 1t).15214. ;5t12 • IIi-•446.-1♦24 1 frAYf a Exhibit "H" (continued) Lot Report Fri Apr 30 13:27:45 2010 PARCEL 29A ROW CONVEYANCE Bearing Distance Radius Delta Chord Ang Chord Length 776.20 03°41'05" S 84°12'34" E 49.91 49.92 S 00°28'48" E 108.87 N 64°02'09" W 13.51 1085.00 02°11'31" N 65°07'55" W 41.51 41.51 N 00°28'53" W 90.54 Closure Error Distance> 0.0000 Total Distance> 304.35 LOT AREA: 4949 SQ FT OR 0.114 ACRES Page 1 of 1 gagSq • City (C)) F 11 xas Mayor and C©uncii ormL!nication COUNCtn , ACT110N: Approved on 4/13/2010 1 DATE: Tuesday, April 13, 2010 LOG NAME: 2OROWEBEARCREEK SUBJECT: Authorize an Exchange Agreement with Bear Creek Plaza, Ltd., for the Acceptance of 1.312 Acres of Property Located at Golden Triangle Boulevard and Old Denton Road in North Fort Worth for the Widening of Golden Triangle Boulevard in Exchange for Surplus Right -of -Way Along Golden Triangle Boulevard and Pay the Estimated Closing Costs of $2,000.00 (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council: REFERENCE NO.: **L-14962 1. Authorize an Exchange Agreement with Bear Creek Plaza, Ltd., for acceptance of 1.312 acres of property located at Golden Triangle Boulevard and Old Denton Road in north Fort Worth for the widening of Golden Triangle Boulevard in exchange for surplus right-of-way along Golden Triangle Boulevard; 2. Pay the estimated closing costs of $2,000.00; and 3. Authorize the City Manager, or his designee, to accept and record the appropriate instruments to complete the conveyance. DISCUSSION: Under the terms of the Exchange Agreement, Bear Creek Plaza, Ltd., will convey 1.312 acres of property to the City of Fort Worth (City) to be used as right-of-way for the widening of Golden Triangle Boulevard. In exchange, the City will vacate the surplus right-of-way along Golden Triangle Boulevard fronting property owned by Bear Creek Plaza, Ltd., after completion of the project and the surplus right-of-way will be conveyed to Bear Creek Plaza, Ltd., subject to: 1) a 15 foot easement for an existing 10 inch sanitary sewer which extends along the Golden Triangle Boulevard right-of-way; and 2) an electric utility easement for the existing overhead electric utility. Additionally, the City will construct, or cause to be constructed, a median opening in Golden Triangle Boulevard in the location agreed to by the parties and will cooperate with Bear Creek Plaza, Ltd., in obtaining curb cuts from the Texas Department of Transportation for future development on Bear Creek Plaza, Ltd., property. The values per square foot for the two properties are approximately the same. The City of Fort Worth will bear the cost of the right-of-way vacation and the closing costs for the conveyance of the 1.312 acres of property to the City. The property to be conveyed is described as follows: Grantor Bear Creek Plaza, Ltd. Address/Legal Description William McCowan Survey Abstract No. 999 Acreage Amount 1.312 $0.00 Lognarne: 2OROWEBEARCREEK Page 1 of 2 Fort Worth Tarrant County, Texas Estimated Closing Costs $2,000:00 This parcel is located in COUNCIL DISTRICT 2, Mapsco 21 L. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Street Improvements Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers C200 541100 202230014041 $2,000.00 CERTIFICATIONS: Submitted for Citv Manager's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS 1. 20ROWEBEARCREEK.pdf (Public) 2. 20ROWEBEARCREEKbft ndf (CFW Internal) 3. Accountinq Info.pdf (CFW Internal) Fernando Costa (6122) William A. Verkest P E (7801) Willie F. Ingram (6645) Logname: 20ROWEBEARCREEK Page 2 of 2 Tidwell, Allison III liffilUllibl1110111110.11 From: Sent: To: Subject: Attachments: Allison, Ramirez, Priscilla Tuesday, July 09, 2013 9:02 AM Tidwell, Allison; zz_CSO_Administration FW: Contract 40934 Golden Triangle D00001.pdf Can you please cross reference with M&C. Thanks. From: Ramirez, Priscilla Sent: Tuesday, July 09, 2013 8:32 AM To: Tidwell, Allison; zz_CSO_Administration Subject: RE: Contract Thanks I will let Leann know. From: Tidwell, Allison Sent: Tuesday, July 09, 2013 8:18 AM To: Ramirez Priscilla; zz_CSO_Administration Subject: RE: Contract Priscilla, According to our records, we never received a contract for that M&C. From: Ramirez, Priscilla Sent: Tuesday July 09, 2013 8:09 AM To: zz_CSO_Administration Subject: FW: Contract Good Morning, Is it possible if I can get a PDF of the contract listed below?. Thanks so much. From: Guzman, Leann Sent: Monday, July 08, 2013 7:45 PM To: Ramirez, Priscilla Subject: Contract Would you please see if you can get a pdf of the contract that goes with the M&C below from the City Secretary's Office, then email it to me? Authorize an Exchange Agreement with Bear Creek Plaza, Ltd. for the Acceptance of 1.312 L_ Acres of Property Located at Golden Triangle Boulevard and Old Denton Road in North Fort 1496Z Worth for the Widening of Golden Triangle Boulevard in Exchange for Surplus Right -of -Way 4/13/2010 20ROWEBEARCREEK Along Golden Triangle Boulevard and Pay the Estimated Closing Costs of $2,000.00 (COUNCIL DISTRICT 2) 1 Leann D. Guzm~tn Senior Assistant City Attorney City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 Ph: (817) 392-8973 Fax: (817) 392-8359 This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to which the) :ire addressed. This communication may contain material protected by the attorney -client privilege. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient. be advised that you have received this e-mail in error and that arty use, dissemination, Coiwarding, printing, or copying of this e-mail is strictly prc hibiited. If you have received this e- inail in error, please immediately notify Leann Ciuiman at the City of Fun Worth City Attornev's Office (817) 392-7600. F"UItT TORTE. 2 Tidwell, Allison From. Sent: To: Subject: Attachments: Allison, 1.11 kill ill! Ramirez, Priscilla Tuesday, July 09, 2013 9:02 AM Tidwell, Allison; zz_CSO_Administration FW: Contract 40934 Golden Triangle D00001.pdf Can you please cross reference with M&C. Thanks. From: Ramirez, Priscilla Sent: Tuesday, July 09, 2013 8:32 AM To: Tidwell, Allison; zz_CSO_Administration Subject: RE: Contract Thanks I will let Leann know. From: Tidwell, Allison Sent: Tuesday, July 09, 2013 8:18 AM To: Ramirez Priscilla; zz_CSO_Administration Subject: RE: Contract Priscilla, According to our records, we never received a contract for that M&C. From: Ramirez, Priscilla Sent: Tuesday, July 09, 2013 8:09 AM To: zz_CSO_Administration Subject: FW: Contract Good Morning, Is it possible if I can get a PDF of the contract listed below?. Thanks so much. From: Guzman, Leann Sent: Monday, July 08, 2013 7:45 PM To: Ramirez, Priscilla Subject: Contract Would you please see if you can get a pdf of the contract that goes with the M&C below from the City Secretary's Office, then email it to me? Authorize an Exchange Agreement with Bear Creek Plaza, Ltd. for the Acceptance of 1.312 L Acres of Property Located at Golden Triangle Boulevard and Old Denton Road in North Fort 14962 Worth for the Widening of Golden Triangle Boulevard in Exchange for Surplus Right -of -Way 4/13/201020ROWEBEARCREEK Along Golden Triangle Boulevard and Pay the Estimated Closing Costs of $2,000.00 (COUNCIL DISTRICT 2) 1 (..eann D. 9ttmar) Senior Assistant City Attorney City of Fort Worth 1000 i"hrockmorton art Worth, Texas 76102 l'h: (817) 392-8973 Fax: (817) 392-8359 'L his e-mail and any riles transmitted wadi it are confidential and are intended solely or the use of the individual or entity to which the) are addressed. This communication rnav contain material protected by the dittorney-intent privilege. If you are not the intended recipient or the person responsible for deliveriug the e-•mail to the intended recipient, be •advised that you have received this e-mail in error and that any use, dissemination, f-warding, printing, or copying of this e-mail is sirictly prohibited. if you have received this e- mail in error, please immediately notify Leann Guzman at the City of Fort Worth City Attornev's Orrice (X l7) 392-7600. FORT WORT ft 2