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HomeMy WebLinkAboutContract 41769 (2)STATE OF TEXAS § COUNTY OF TARRANT § CITY SECRETARY CONTRACTNOI._411(,5 AGREEMENT CONCERNING THE DONATION OF PROPERTY TO THE TEXAS DEPARTMENT OF TRANSPORTATION THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "Department", and the City of Fort Worth, hereinafter called the "Donor". WHEREAS, the Department, in accordance with the Texas Transportation Code, Subchapter D, Chapter 201, Section 201.206, may accept donations for the purpose of carrying out its functions and duties; and WHEREAS, the Donor desires to donate land more particularly described on Exhibit "A", attached hereto and incorporated herein for all purposes (the "Property"), to the Department; and WHEREAS, acceptance of the donation of the Property will further the Department's ability to meet its responsibilities; and CHECK ONE OF THE FOLLOWING: WHEREAS, the Donor is not subject to Department regulation or oversight, or interested in or likely to become interested in any contract, purchase, payment, or claim with or against the Department; and If the preceding was not checked because the donor is subject to Department regulation or oversight, or interested in or likely to become interested in any contract, purchase, payment or claim with or against the Department, but the following is correct, then check the following. X WHEREAS, although the Donor may be subject to Department regulation or oversight, or interested in or likely to become interested in any contract, purchase, payment, or claim with or against the Department, acceptance of the donation will provide a significant public benefit and will not influence or reasonably appear to influence the Department in the performance of its duties: The Donor having an interest in that specific exchange agreement executed by Donor on (the "Exchange Agreement"), wherein the Donor has agreed to provide property for the realignment of a portion of an easement, with this donation agreement being required because the value of the property being provided by the donor for the new easement will exceed the- value of the surplus easement proposed to be exchanged with the Donor and released by the State of Texas (the "State"). NOW, THEREFORE, in consideration of the agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: OFFICIAL citTY ftranc `ice CI; >. Pa trir A. ;it• 1 a 7 '4 et t' \ Article 1. Donation and Use Thereof A. The Donor has executed two Donation Deeds, copies of which are attached hereto as Exhibit B, conveying the Property to the Department. Although the Donor has given physical possession of the executed deed to the Department, Donor and the Department agree that delivery of the deed has not occuned, and the Department has not accepted actual delivery of the deed sufficient for title to pass. The Department hereby agrees to accept delivery of such deed after the Texas Transportation Commission has approved Donor's donation of the Property by official action in accordance with law, and title shall pass upon the Department's execution of this Agreement as authorized by the Texas Transportation Commission. B. As determined by appraisals approved by the Department, the value of the property to be conveyed to the State is $8,696,197, and the value of the surplus easement to be exchanged and released by the State is $3,958,857, resulting in a donation to the State of $4,737,340. C. Donor agrees and acknowledges that Donor has been fully informed of his/her/its right to receive just compensation for the Property; however, it is the desire and intent of Donor to donate the Property to the Department. D. Acceptance of the donation herein described does not bind the Department to a course of action or promise of performance. Article 2. Representations and Warranties A The Donor represents and warrants that it has the ownership interest being conveyed in the attached deed. B. The Department does not approve and is not responsible for any representations made by the Donor for tax purposes. C. Donor represents and warrants to the Department that Donor has no knowledge of any current or fouiier use generation, storage or disposal of any hazardous material on or under the Property currently or previously in violation of any federal, state or local government law or rule. Additionally, Donor represents and warrants to the Department that Donor has no knowledge of the Property being used for a gas station, auto shop, or dry cleaning service, and has no knowledge of the presence of asbestos material on the Property. Donor has not received any notice of any action or proceeding relating to any hazardous materials or any release thereof on, in, under or about the Property. Article 3. Relocations, Relationship between Donor and Department, Expenses A. Donor acknowledges receipt of the brochure entitled `Relocation Assistance" and understands that relocation assistance benefits, if any, are handled entirely separate from and in 2 addition to this transaction. Relocation benefits, if any, will be examined on a case by case basis, and will be specifically set forth in a separate agreement. B. There is no official relationship between the Donor and the Department. The Donor is a property owner desiring to donate Property to the Department for no benefit or gain to the Donor. C. This Agreement and the donation deed constitute the only promises, consideration and conditions of this conveyance, and no other promises, consideration or conditions have been signified or implied, except any benefits which Donor may or may not be entitled under the State's Relocation Assistance Program. D. The Donor will purchase an owner's title policy acceptable to the State at the Donor's expense and at no cost to the State. The Donor, without cost to the State, will pay the incidental expenses incurred in transferring title to the Property to the State. F4 Where terms of this donation Agreement executed by Donor on the payment of various costs and e and be applicable. agreement differ or conflict with terms of the Exchange ,O f i , including, but not limited to, penses, tli terms of the Exchange Agreement shall control Article 4. Availability of Information This agreement is public information and will be furnished to a requestor under the Public Information Act, Government Code, Chapter 552. 3 TEXAS DEPARTMENT OF TRANSPORTATION By: Date: DONOR 2,,scSeP ee&. a3/29 74Zv// UtU • The undersigned signatory warrants that he/she is an official representative of the organization making the donation described herein and that he/she is authorized to make the donation and to enter into this Agreement on behalf of the organization. The undersigned understands and agrees that the conveyance of the Property does not occur until the Department has executed this Agreement in accordance with specific approval of the Texas Transportation Commission and in accordance with law, and has thereby accepted deliverance of the deed. CITY OF,EQRT WORTH, a Municipality By: Title: _ S S T • 1.�. `�-.� ,; J teiGLetSj er Date: lfNl i ‘ Principal Place of Business/Address • yU Attested by: Marty Hendrix, Ites 5 • to�a 0 Fricht RizicoRD �'.\'tr - : `. 4 t {i r Donation Agreement Exhibit A Page 1 of 8 Parcel No. 134 ROW CSJ: 0504-02-018 Date: Nifty 29, 24109 Exhibit A, P age 1 nt' 5 Pages Being a 23.199 acre tract of land situated in the J. F. Heath Survey, Abstract No. 641, City of Fort Worth, Tarrant County, Texas., and being a portion of a 23.702 acre tract of land thy deed) described as Tract No. 1 deeded to the City of Fort Worth as recorded in Volume 12782, 2, Paine 157 of the Deed Records of Tarrant County, Texas, said 23.199 acre tract of land being more particularly described by metes and bounds as lollows: BEGINNING at a TxDoT brass cap in concrete found for the northeast corner of said Tract No. I, said TxDoT brass cap in concrete being in the existing south tight -of -way line of Interstate Highway 20 to variable width right-of-way), said TxDoT brass cap in concrete having grid coordinates of N=6,932,699.61 and E=2,305-207.56; (1) THENCE South 00 dc..gre-es 03 minutes 25 seconds West, ‘ith the east [inc of said Tract No. 1-, a distance of 906,61 feet to a 1/2 inch iron rod found foe the northeast comer of Lot 1, Block I of Hunters Ridge, an addition to the City of Fort Worth, Tarrant County, Texas 'ts recorded an Volume 388-I36, Page. 82 of the Plat Records of Tarrant County, Texas, said 1/2 inch iron rocs being in the proposed east right-of-way line of State Highwav 121 said 1/2 inch iron rod also being the beginning of a Control or A.ccess-Line, said R.O.W. Marker being 220.26 feet left of and at right angles to centerline station 6574-22.12 of the proposed centerline of State Highway 121; (2) THENCE South 00 degrees 11 minutes.=18 seconds East, with the proposed east righ€-c_?f- W tt line or said State Highway 121, with said Control of Access Line, with the east litre of said Tract No, 1 and with the west line of said Lot 1, a distance of 32.98 feet to a R.O.W. Maiker set for corner, from which a 5/8 inch iron rod with cap stamped 'SEMPCO" found the most northerly and easterly southeast corner of said Tract No. 1 and for the southwest corner of said Lot 1 bears South 00 degrees II minutes 48 seconds East, a distance of 579.69 feet; (3) THENCE South 07 degrees 18 minutes 31 seconds West, with the proposed east right-- of-way line of said State Highw a} 121 and with said Control of Access Line, as distance of 584 45 feet to a 518 inch iron rod found for the northeast comas of a 0.2867 acre tract of land (by deed) deeded to the City of Fitt Worth as recorded its Volume 9263, Page 2S1 of said Deed Records of Tarrant County-, Texas, said 5/8 inch iron rod being in a south line of said Tract No. 1, said 5/8 inch iron and being the end of said Control of Access Line-, said 5/8 inch iron rod being 224.76 feet [eft of and at right angles to ten€erline station 663-t z9_26 of the proposed centerline of State _Highway 121- °NIX Nt 4 ASSOClx aI-:5. INC. (1707 F3R1:N' \SOOD STAIR' ka>. SUITE 50 'e'StkT W01( 11, TEXAS 761 t: Sj';. t')! -1424 VA k i-41)6- t e.3 Donation Agreement Exhibit A Page 2 of 8 Parcel No, 134 ROW CS,1: 050 d-D?-t)18 Date: Ma) 29, 2009 Exhibit A, Page 2 of 5 Pages (4) "THENCE South 89 degrees 53 minutes 53 seconds West, with a south line of said Tract No. I and smith the north line of said 0.286? acre tract of land, a distance )169.81. feet to a point for the zeconstructed most northerly and westerly southeast corner of said Tract Ns_. 1 and for the teconstruc.ted northwest corner of said 0 2867 acre tract of lend; THENCE South 00 degrees 09 minutes 05 seconds East, with an east line of said Tract No. 1 and with the west line of said 0,2867 acre tract of land, a distance of 230.13 feet to a point for the reconstructed most southerly southeast corner of said Tract No. 1 arid for the reconstructed southwest connei of said 0.2867 acre tract of land, said point being in the existing north right-of-way line of Overton Ridge Boulevard (a 120.0' right-of-way), said point also being the beginning of a curve to the left having a radius of 903.97 feet, a central tingle of 15 degrees 11 minutes 47 seconds and whose radius bears i .radial bearing of South 05 degrees 54 minutes 38 seconds East; THENCE with said curve to the left, with the south line of said Tract No. 1 and with the existing north right-of-way line ot.s`iid Overton Ridge Boulevard, an arc length of'239.76 -feet to -a point for a reconstructed corner; (7) THENCE South 68 degrees 48 minutes 42 seconds West, with the south line of said Tract No I and with the existing north right -cif -way line of said Overton Ridge Boulevard,. a distance of 254,16 feet to a. point .for the . ieconstructed most .southerly southwest corner of said Tract No. 1 and for the reconstructed MOST southerly southeast corner of Lot 4R 1A, Block 2 of Cityview, an addition to the City of Fort Worth: Tarrant County, Texas as recorded in Cabinet A, Slide 6118 of stud Plat Records of Tarrant County, Texas; (8) THENCE North 32 degrees I3 minutes 54 seconds East, with the west line of said Tract No. 1 and with the east line or said Lot 4RJA, a distance of 39.62 feet to 1l2 inch iron rod found for the most northerly southwest corner of said Tract No. 1 and for the most northerly southeast corner of said Lot 4R1A, said 1/2 inch iron rod being the beginning of a curve to the left having a radius of 5546.34 feet, a central angle of 02 degrees 57 minutes 43 seconds and whose radius be trs a radial bearing of North 85 degrees 99 minutes 55 seconds West; r1RR} )N DuN:i ASSOCI.'ttrS. INC. fir: ISIiEtcl1voni? SP;;Ili RD. Donation Agreement Exhibit A Page 3 of 8 Parcel No, 133 ROW LSJe 05.04-E)2-0I8 Date: Mar 29, 2009 Exhibit iL Page 3 4)1 5 Pages 4.91 THENCE with said curve to the left_ with the west line of said Tract No. 1 and With the cast line of said Lot•4R Lk pasing at an are length of 36.93 feet a R.O.W. Marker set in the proposed west tight -of -way link_ of said State Highway 12i, said R.O.W. Marker being 246.53 feet right of and at right angles to centerline station 667+ 0.01 of the proposed centerline of Stale Highway 121. said R.O.W. Marker also being the beginning of a Control of Access Line_ in all, an arc length of 286.72 feel to a R.O.\k. Marker set for corner_ (19) TI-IENCE North 01 degrees 32 mintnes 22 seconds East, with the proposed west right-of- way line of said State High.�ay 121, with said Control of Access Line, with the west line of said Tract No. 1 and with the east line of said Lot 4R IA, a distance of € 207.28 feet to a R.O.W. Marker set for the northeast corner of Lot 4R2A, Block 2 of said Cityview and the southeast corner of Lot 4F7, Block 2 of said Cityview, said R.O.I��'. Marker being the beginning of a curve to the left having a radius of 507,61 feet, u central angle of 83 degrees 06 minutes 01 seconds and whose radius bears a radial bearing of North 88 degrees 27 minutes 38 seconds West; - (11) THENCE with said curve to the left, with the proposed west right-of-way line of said State Highway 121, with the west line of said Tract No. l and with the east line of said Lot 4R7, an are length of 736.22 feet to a R.O.W. Marker set for the northwest corner of said Tract No. 1. said R.O.W_ Marker being in the existing south right-of-way line of said interstate Highway 20. said R.O.W. Marker being the end of said Control ofAccess.Line, • said R.O.W. Marker being 883_01 feet right of and at right tingles to centerline station 648+03.55 of the proposed centerline of State Highway 121; (12) THENCE South 81 degrees 33 minutes 29 seconds East, with the north line of said Tract No. 1 and with the existing south right-of-way line of said Interstate Highway 20, a distance of 988.74 feet to the POINT OF BEGINMNC, and containing 1,010,555 square feet or 23,199 acres of land, more or less. tiORUCXNtx)N \ 4 ASSOCIATES. INC. s')40 IskEt' TwOoti yr:,IR RD. ¶ :nri 50 FORT Wojn—H. TEXAS 7f 112 1;7 J96-1 <+, FAX 31T.,•y, 1 :5.s Donation Agreement Exhibit A Page 4 of 8 Parcel No, 134 ROW (:S,i : OSOt O2-O i 8 Date: May 29. 2{I09 Exhibit A. Page 4 of 5 Pages Note (I) A plat of even survey date herewith accompanies Ibis legal description. (2) All hearings are referenced to the project control for Stale l-Iiuhwaty 121. All hearings and distances are surface. Ali ccxordinates are grid coordinates, based on the Texas Coordinate System. NAD-83 (1993), North Central Zone, with a Combined _Scale Factor for this Protect of 0.99981971. (4) Right -of -Way Markers are 5/8 inch iron rods with blue caps stamped "Gorrondona & Assoc Inc Fort \\Vorth Texas", unless otherwise noted. (5) Access is prohibited across the "Control of Access Lint' t0 he transportation facility from the adjacent property. I HEREBY CERTWY TO THE NORTH TEXAS TOLLWAY AUTHORITY THAT THIS SURVEY PREPARED BY ME WAS ACTUALLY MADE UPON TRH [GROUND AND THAT IT AND THE INFORMATION, COURSES, AND DISTANCES SHOWN THEREON ARE CORRECT AND THAT THE TITI F LINES AND LINES OF ACTUAL POSSESSION ARE THE SAME, SURVEYED ON THE GROUND JUNE 18, 2004 Richard Kenneth Registered Professional;Lati =$ N. No. 5527 OORRotgDON1\ ,i FORT H. TEXAS 112 S17•495-1-12-1 ?AX81��: P.O.B. N=6,932,699.81 E=2,305,207.56 645+00 4R5 EXISTING RIGHT—OF—WAY LEGEND PROPOSED R.O.W. LINE PROPERTY LINE SURVEY UNE EXIST. EASEMENT UNE CNTL OF ACCESS LINE "C OF A" PARCEL NUMBER RECONSTRUCTED CORNER RCC SURVEYED ON THE GROUND JUNE 6, 2 RICHARD KENNEDY, RPLS No. 5527 1207.28' CITYVIEW CABINET A, SLIDE 6118 P.R,T,C,T, DETAIL "A" C-3 FNO 1 /2"IR SET R. MARKER PROPOSED RIGHT—OF—WAY "C OF A" 4R7 EDWARDS GEREN LIMITED VOLUME 12915, PAGE.394 D,R.T.C.T, PROPOSED RIGHT—OF—WAY C OF A" z IIUNTERS RIDGE VOLUME 388-136, PAGE 82 S 00'11'48HE 32.98' S 00'11'43"E 579.69' IA f PROPOSED: 35,"1yi ENTERLINE'i;!i 0.2867 ACRES (BY DEED)',: E' 21 CITY OF FORT WORTH 660+pp `' VOLUME 9263, PAGE 253'• D,R.T.C.T, I23.702 ACRES (BY DEED):;;;;' TRACT NO. 1 CITY OF FORT WORTH VOLUME 12782, PAGE 157 N 01•32'22 E 4R2A LINE TABLE LINE BEARING DISTANCE L-1 S 89.53'53"W 69.81 L-2 S 00'09'05"E 230.13 L-3 S 68'48'42"W 254.16 L-4 N.32'13'54"E 39.62 CURVE TABLE CURVE RADIUS DELTA ARC C-1 903.97 15' 11'47" 239.78 0-2 5546.34 00'22'53" 36.93 C-3 5546.34 02'57'43" 286.72 C-4 507.61 83'06'01" 736.22 PAGE 5 OF 5 PAGES SET R,O.W MARKER 4R 1A 2 NOTES: G. SHIELDS ABSTRACT Nu. 1456 OVERTON SOUTH ADDITION VOLUME 388-154, PAGE 31 P.R,T,C,T, RADIAL BEARING S 05'54'38"E Donation Agreement Exhibit A Page 5 of 8 5-R 21 PROPOSED — RIGHT—OF—WAY "C OF A" (1) A LEGAL DESCRIPTION OF EVEN SURVEY DATE HEREWITH ACCOMPANIES THIS PLAT. (2) BEARINGS ARE REFERENCED TO THE PROJECT CONTROL FOR STATE HIGHWAY 121. BEARINGS AND DISTANCES SHOWN ARE SURFACE, •(3) THE COORDINATES SHOWN ARE CRlb COORDINATES, BASED ON THE TEXAS COORDINATE SYSTEM, NAD-83, NORTH CENTRAL ZONE, UTILIZING A TXDOT SURFACE FACTOR OF 1.00012 FOR THIS PROJECT, • (4) RIGHT—OF—WAY MARKERS ARE 5 8" IRON RODS WITH BLUE CAPS STAMPED "GORRONDONA & ASSOC INC FORT WORTH TEXAS", UNLESS NOTED OTHERWISE. (5) ACCESS IS PROHIBITED ACROSS THE "CONTROL OF ACCESS LINE" TO THE TRANSPORTATION FACILITY FROM THE ADJACENT PROPERTY, NORTH TEXAS TOLLWAY AUTHORITY STATE HIGHWAY 121 RICHT—OF—WAY PLAT PARCEL NO. 134 ROW TAKING: 23.199 AC. OWNER: CITY OF FORT WORTH. GORRONDONA & ASSOCIATES, INC. • 8707 BRENTWOOD STAIR ROAD, SUITE 50 FORT WORTH, TX. • PH. 817/496-1424 FAX 817/496-1768 MAY 29, 2009 SCALE: 1" — 300' i Donation Agreement Exhibit A Page 6 of 8 Parcel No. 135 ROW CSJ: 0504-02418 Date: July 13, 2009 Exhibit A, Page 1 of 3 Pages Being ; 0.288 acre tract of land out of the J.F. Heath Survey, Abstract No. 641, City of Fort Worth, Tarrant County.. Texas, said 0.288 acre tract of land being all of a tract of land deeded by Cosset) Land Co_, Inc. to the City of Fort Worth by Warranty Deed dated March 9, 1988 and recorded in Volume 9263, Page 253 of the Deers Records of Ta rant County. Texas, said 0.288 acre tract of )arid being more particularly described by metes and bounds as follows_ BEGINNING at a 5/S inch iron rod fund for the southeast corner of said tract of land deeded to the City of Fort Worth and for the southwest corner of Lot 3, Block 22 of Chterton South, a.n addition to the City of Fort Worth, Tarrant Count), Texas as recorded in Cabinet A, Slide 7734 of the Plat Records of Tarrant County, Texas, said 5'8 inch iron rod being in the existing north right-of-way line of Overton Ridge Boulevard (a 120.0' rig(tt=of-way}, said 5/8 inch iron rod having grid coordinates of N 6,930,953.91 and 1 =2; O5,103,3 , said 5/8 inch iron rod being the beginning of a curve to the left having, a radius of 2350.92 feet, a. central angle of 00 de--ees 58 minutes 56 seconds and whose radius bears a radial bearing of South 04 degrees 40 minutes 46 seconds East; - (1) THENCE with said curve to the left, with the south line of said tract of land deeded to the City of Fort Vs anh and with the north right-of-way line of said Overton Ridge Baulcw ard, an arc Length of 40,31 feet to a point for the reconstructed southwest corner of said tract of land deeded to the City of Fort Worth, said point being the reconstructed most southerly southeast corner -of a 23 702 acre tract of land (by deed) deeded to the City of Fort MI orth as recorded in; Volume 12782, Page 357 of said Deed Records of Tarrant County. Texas. (2) THENCE North 00 degrees 09 minutes 05 seconds West, with the west line of said tract of land deeded to the City of Fort Worth and with the cast line of said 23.702 acre tract of land, a distance of 230.13 to a point fir the reconstructed northwest corner of said trac-t of land deeded to the City of Fort Worth and a reconstructed interior ell corner in the east line of said 23.702 acre tract of land. (3) THENCE North 89 degrees 53 minutes 53 seconds East, with .the north line of said tract of land deeded to the: City of Fort Worth and with the east line of said 23.702 acre tract of land, a distance of 69.81 feet to a 518 inch iron rod found for the northeast corner of said tract of land deeded to the City of Fort Worth and for the northwest corner of said Lot 3. said 5/8 inch iron rod being in the proposed east rightaof way line of State Highway 121, said 5/8 inch iron rod being the beginning of a Control of Access Line, said 518 inch iron rod being 224.16 feet left of and at right angles to centerline station 663-39.26 of the proposed centerline of State 1-3ighway 123, from which a 5/8 inch iron rod with cap stamped "Sernpco" found for corner in the north line of said Lot 3 bears North 89 degrees 53 minutes 53 seconds East, a distance of 75.63 feet; OORRON DONA & ASSOCIATES. INC. 670 BEtL_"n'wl)O().S'1AIR RD. 4IFI t: SU FORT WO RID. rFX./S :6112 til7-4 %-142u FAX 6- I 7 E,1. Donation Agreement Exhibit A Page 7 of 8 Parcel No.135 ROW CSJ: 0504-02-01.8 Date July 13, 2009 Exhibit A, Page 2 of 3 Pages (4) THENCE South 07 degrees 18 minutes 31 seconds West, with the east line of said tract of land deeded to the City of Fort Worth, with the west line of said Lai 3, with the proposed east right-of-way line of said State Highway 121 and with said Control of Access Line, passing at a distance of 1.52,97 feet, a 1 .D.W. Marker set in the proposed easterly right-of-wav lane of said State Highway l21 for the end of said Control of .Access Line, said R.O.W. Marker being 224.81 feet left of and at right angles to centerline station 664+92.23 of the proposed centerline of State Highway 121, in all, a distance of 228.48 fee* to the POJN I' OF BEGINNING, and containing 12,527 square feet. or 0.288 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 project control for State Highway 121. All bearings and distances are surface. (3) All coordinates are grid coordinates, based on the Texas Coordinate System, NAD-83, North Central Zone; utilizing a TxDoT Surface Factor of 1.00012 for this project. (4) Right-ofWay Markers are-5/8 inch iron rods with blue Baps stamped "Gorrondona Assoc Inc Fort Worth -Texas", unless otherwise noted. (5) Access is prohibited across the "Control of Access Line" to the transportation facility from the adjacent property. - I HEREBY CERTIFY TO THE NORTH TEXAS TOLLWAY AUTHORITY 1 HAT THIS SURVEY PREPARED BY ME WAS AC WALLY MADE UPON THE GROUND AND THAT IT AND THE INFORMATION, COURSES, AND DISTANCE'S SHOWN THEREON ARE CORRECT AND THAT THE TITLE LINES AND LINES OF ACTUAL POSSESSION ARE THE SAME. SURVEYED ON THE GROUND APRIL 25: 2005 Richard Kennedy Registered Professional Land Surt;,i No. 5527 GORRO DLONA & ASSOCIATES. INC. 57O7 BREt rNUOD STAIR RU, S1JITk 5G FORT WORTH. TEXAS 76112 21 4% 1424 FAX 51?-49e.-4i6g. Donation Agreement Exhibit A Page 8of8 • • CURVE TABLE CURVE 1 RADIUS 1 DELTA ARC C-1 1 2350.92 01158156" 40,31 1 SCALE IN FEET LEGEND RECONSTRUCTED CORNER R G SURVEYED ON THE GROUND APRIL 25, N 894'531513T Rcc,iTc— �9.51' {-7 '.,ttb c3 '-:Ci 224.81 I .LT: -.- �-iJaDUL'a'.ct-•.. . SET R.O.W. MARKER P.0B. FNO S/8'1R N3;4,9 0,963.91 E 2,305,153.37 • '--r=ND 5/8"IR W/C.AP "SEt.iPCO" PROPOSED RICHT-Cr -WAY corA" NOTES: (1) A LEGAL DESCRIPTION OF EVEN SURVEY DATE HEREWITH ACCOMPANJ S THIS PLAT. (2) BEARINGS ARE REFERENCED TO THE PROJECT CONTROL FOR STATE BIM WAY 121 BEARINGS AND DISTANT SHOWN ARE SURFACE. (3) THE COORDINATES SHOWN ARE GRID COORDINATES,. BASED ON THE TEXAS COORDINATE SYSTEM,. NAIL-83, NORTH CENTRAL ZONE UTILIZING A DC DOT SURFACE FACTOR OF 1.00012 FOR THIS PROJECT, () lLss/�oRODS IRON WITH SUE C PS STAMPED GOR& ASSOC INC FORT WORTH TEXAS", UNI FSS NOTED OTHERWISE. (5) ACCESS Is PROR WED ACROSS THE "CONTROL or ACCESS LINE" TO THE TRANSPORTATION FACILITY FROM THE ADJACENT PRGPERTY. NORTH TEXAS TOLLWAY AUTHORITY STATE HIGHWAY f2 JUGHT OFmWAY P1.A.2' PARCEL NO. 135 ROW TAI{INIG: 0.28$ AC. CORRONDONA & ASSOCIATES, -INC. . 6707 BF ENTWOOO STAI OAP, SUITE 50 WORTH, TX. PH. 8171496--1424 FAX 8171496•••• 7615 • T.at®ef l Tn.pe.uvon Form ROW-N-14 Rev. 8/2003 Replaces Forms D-15-11, D-15-14, D-15-141, D-I5-142, ROW-N-I2PT,ROW-N-I4, ROW-N-141, and ROW-N-142 GSD-EPC Page 1 of 2 THE STATE OF TEXAS COUNTY OF TARRANT DEED Controlled Access Highway Facility Donation Agreement Exhibit B Page 1 of 12 SH 121 OSO4-02-018 Parcel 134 WHEREAS, the Texas Transportation Commission has been authorized under the Texas Transportation Code Chapters 203, 224 and 361 to purchase land and such other property rights (including requesting that counties and municipalities acquire highway right of way) deemed necessary and convenient to a state highway or turnpike project to be constructed, reconstructed, maintained, widened straightened, or extended, or to accomplish any other purpose related to the location, construction, improvement, maintenance, beautification, preservation, or operation of a state highway or turnpike project, and including the acquisition of such other property rights deemed necessary for the purposes of operating a designated state highway or turnpike project, with control of access as necessary to facilitate the flow of traffic and promote the public safety and welfare on both non -controlled access facilities, as well as facilitating the construction, . maintenance and operation of designated controlled access highways and turnpike projects; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, the City of Fort Worth, a Municipality, of the County of Tarrant, State of Texas, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of Ten and No/100 Dollars ($10 00) and other good and valuable consideration to Grantors in hand paid by the State of Texas, acting by and through the Texas Transportation Commission, receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto the State of Texas all that certain tract or parcel of land lying and being situated in the County of Tarrant, State of Texas, more particularly described in Exhibit "A," which is attached hereto and incorporated herein for any and all purposes. SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining title to the following improvements located on the property described in said Exhibit `A" to wit: NONE Grantors covenant and agree to remove the above -described improvements from said land by the N/A day of N/A, subject, however, to such extensions of time as may be granted by Grantee, its successor and assigns, in writing; and if for any reason Grantors fail or refuse to remove same within said period of time prescribed, then, without any further consideration, the title to all or any part of such improvements not so removed shall pass to and vest in the Grantee, its successors and assigns, forever. Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring developing, mining or drilling for same, however, nothing in this reservation shall affect the title and rights of the Grantee, its successors and assigns, to take and use all other minerals and materials thereon, therein and thereunder. Grantors hereby acknowledge that their use of and access to the state highway facilities and/or turnpike project (hereafter called highway facility) to be constructed in conjunction with the highway facility of which the land Donation Agreement Exhibit B Page 2of12 hereby conveyed shall becoii'te a part, shall be and forever remain subject to the same regulation by legally constituted authority as applies to the public s use thereof; and Grantors further acknowledge that the design and operation of such highway facility requires that rights of ingress and egress and the right of direct access to and from Grantors' remaining property (if any) to said Highway facility, shall hereafter be governed by the provisions set out in said Exhibit "A' , SAVE AND EXCEPT in the event access, or access points may be specifically allowed or permitted in said Exhibit "A ', such access shall be subject to such regulation as is detei,nined by the Texas Department of Transportation and/oi the Texas Turnpike Authority Division to be necessary in the interest of public safety and in compliance with approved engineering principles and practices and subject to compliance with any applicable local municipal or county zoning, platting and/or permit requirements. TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the State of Texas and its assigns forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto the State of Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. IN WITNESS WHEREOF, this instrument is executed on this the I (ekA. day of 3 wick- VU} City of Fort Worth 1113Y: �f Title: Ass- C4 Mak • • 'Acknowledgment State of Texas County of Tarrant This instrument was acknowledged before me on (,16'! c C 1, ? 0L1 (LAIC , £ .. il9i(1 r:. of the City of Fort Worth, a municipality, on behalf of said municipality LINDA M. HIRRLINGER MY COMM}SSION EXPIRES :: Febn ary 2, 2014 A Pi • * • ND IP ii. After recordingpleaseireturn this instrumerkt`to: Texas Depai Lnnent of Transportation Attn: North Region, Right of Way P. O Box 6868 Fort Worth, Texas 76115 Notary Public's Signatue • • Donation Agreement Exhibit B Page 3 of 12 • t. Parcel No. 134 ROB ' CS:1 0I504-02-t018 Date: May 29, 2009 Exhibit A, Page 1 of 5 Pages Being a 23.199 .tore tract of land situated in the J. F. Heath 5urvev, Abstract No. 611, City ol- I ort Worth, Tarrant County, Texas, and being a portion of a 23_702 acre tract of bind (by deed) described as Tract -No. 1 deeded to the City of Fort Worth as recorded in Volume 12782, Pase 157 of the Deed Records of Tarrant County`. Teas, said 23.199 tac.le t.ttret of land being more particularly described by metes and bounds as follows: BEGINNI`G at a TxDoT brass cap in concrete found for the northeast corner of said Tract No.. 1, said TxDoT brass cap in concrete being in the existing south right-of-way line of Intet.state Highway 20 (a variable width right-of-way), said TxDoT brass cap in concrete having grid coordinates of N=6,932,699.6I and B=2,305,207_56; (l) THENCE South 00 degrees 03_minutes 25 seconds West, with the east line of said Tract No_ 1. a distance of 906_61 feet .to a 112 inch iron rod found for the northwest corner of Lot 1, Block I of Hunters Ridge, an addition to the City of Fort Worth, 'Tarrant County, Texas as recorded m Volume 388-136,, Page 82 of the Plat Records of Tarrant County, Texas, said 1/2 inch iron rocl being in the proposed east right-of-way line of State Highway 121 said 1/2 incli iron rod also being the beginning of a Control of Access- Lane, said Rf,W. Marker hems. 220_26 feet left of and at right angles to tenterline station 65 /+22_ 12. oaf the proposed centerline of State Highway 121; (2) THENCE South 00 degrees 1 I minutes 48 seconds Fast. with the proposed east right -of - line of said State Highway 121, with said Control of` Access- Line, with the east line of said. Tract Nt-. 1 and with the west line of said Lot 1, •t distance of 32.98 feet to a R.O.Vv. 2vlaiket::set: corner, from which a 5/8 inch iron rod with: cap. stamped `SEMPCO" found the most northerly and easterly southeast earner of said Traci No. 1 and forthe southwest corner of said Lot I bears South 00 degrees 1 1- minutes 4S seconds East, a distance. of 519.69..feet: (3) THENCE South.:07 des==reeti• 18 minutes 31 seconds West, with the proposed d cost right-. of -way line of staid .State Higl way 121 and Vitt said Control of access [inc. a distance of 584.45 feet to a- 5/8 ineh. irort. rod found for the northeast comer of a 0.286.1 :acme tract of land thy deed) deeded to the City of Fort Worth as recorded in Volume 9263, Page 253 or .said Deed Records eol Tarrant County, Texas, said 5/8 inch iron rod being in a south line of :said,Tract No. 1, said 5/8 inch iron toad being the end of said Control of Access Line, said 5/8 inch Iron rod being 224_ i6 feet left of and ut right angles to centerline station 663+39_26 of the proposed centerline of State Hi hway 121; c;(•r.'OZONl •NA IN; ASS( IATt:S. INC, (07?t;ttt.Pa7l9tl )1). ST lift ItU. sotra 50 t:(ila wnkn I. TGtis ;r..f i 2 51' t'+i I424 FAN hi -t!b- t e.? Donation Agreement l-,xhibit B Page 4 of 12 Parcel Nu_ 134 ROB ' CSJ: 0501-024118 Date: Allay- 29, 2009 Exhibit A, Page ? of 5 Page's (4) THENCE South 89 degrees 53 minutes 53 seconds West, with a south line of said Tract No. I and with the north line of said 0.2867 acre tract of land. a distance )i 69_81. feet to a point for the reconstructed most northerly and westerly southeast corner of said Tract No_ 1 and for the teconstruc.ted northwest corner of said 0.2867 acre tract of land_ THENCE South 00 degrees 09 minutes 05 seconds East, with an east line of said Tract No. 1 and with the west line of said 0.2867 acre tract of land, a distance of 230.13 feet to .a point for the reconstructed most southerly southeast corner of said Tract No. 1 arid for the reconstructed southwest corner of said 02867 acre tract of hind, said point heing in the existing north right -of -wad' line of Overton Ridge Boulevard to 120.0' right-of-w;ay. said point also being the heginrung of a curve to the left In tang a radius of 903.97 feet, a central angle of 15 degrees 1 minutes 47 seconds and whose r-tdius bears a radial bearing of South 05 degrees 54 minutes 38 seconds East; (6) THENCE' ith said curve to the left_ with the south line of said Tract No. I and with the existing north right-of=way line ot.said• Overton Ridge Boulevard, an arc length of 239.76 -feet to 'a point for a reconstructed corner; (7) THENCE South 68 degrees 48 minutes 42 seconds rest, with the south line of said Tract No. 1 and with the existing north right-6 -way line of said Overton Ridge Boulevard,. a distance 01 254,16 feet to a. point .for the reconstructed most .southerly southwest corner of said Tract No. I and for the reconstructed most southerly southeast corner of Lot 4R IA, Block 2 at Cityvie«, an addition to the City of Fort t 'Orth. TJITitnt County, Texas as recorded in Cabinet A. Slide 6118 of said Plat Records if Tarrant County, 'Texas; (5) (8) THENCE North 32 degrees 13 minutes 5- seconds East, with tht west line of said Traci No. 1 and with the cast line of said Lot 4R1A, a distance of 39.62 feet to 112 inch iron rod found for the most northerly southwest corner of said Tract No_ 1 and for the most northerly southeast corner -of said Lot 4R 1A, said 112 inch iron rod being the beginning of a curve_ to the left having a radios of 5546.34 feet, a central angle of 02 degrees 57 - tninutes 43 seconds and whose radius bears a radial bearing of North 85 degrees 29 minutes 55 seconds West; (1)1•ZRO<4C:Ih'V:.X AS+ ISIiEr\ \vux)l) Sr ili Kll. S111 k °d) k:0 'VOk1i-1. Ttk\-! ?F112 c.1?- _- I-Rt , t:- lib-I+B; Donation Agreement Exhibit B Page 5 of 12 Parcel Nu.-134 ROW t S.1• 0 04-02-0l 8- Date: May 29, 21)09 Exhibit A. Page 3 of 5 Pages (9) THENCE with saki curve to the left, with the west line of said Tract No. 1 and With the cast line of said Lot 4R I:A_ passing at an tic length of 36_93 feet a R O.W'_ Marker set in the proposed west right-of-way line of said Slate Highway 121, said R.O.W. N•larkcr being 246_53 feet right of and at right angles to centerline station 667+10.01 of the proposed centerline of State Highway 121, stud R.O.W. Marker also being the beginning of a Control of Access Line, to all, an are length of 286.72 feet to a R.O.Ak • Marker set for corner_ - y (10) THENCE North 01 degrees 32 minutes 22 seconds East. with the proposed west right-of- way hoe of said State Highway 121, with said Control of Access Line, with the west fine of satd Tract No. 1 and with the east line of said tot 4R I A, a distance of € 207.28 feet co t1 R.O.W. Marker set for the northeast comer of Lot 4R2A, Block 2 of stud Cityview and the southeast corner of Lot 4R7, 'Block 2 of said Cityview, said R.O.W. Marker being the beginning of a curve to the left having a radius of 507_61 feet, a central angle of 83 degrees 06 minutes 01 seconds and whose radius bears a radial bearing of North 88 degrees 27 minutes 38 seconds West; (11) THENCE with said curve to the left, with the proposed west right-of-way tine of said .. State Highway 121, with the west line of said Tract No. 1 and with the east line of said Lot 4R7. an arc length of 736.22 feet to a R.O.W. Marker set for the northwest corner D said Tract No_ 1. said R.O.W_ Marker being in the existing south right-ot-wuy line of said Interstate Highway 20, said R.O.W. Market being the end of said Control of.Access -Line. said R.O.W. Marker being 883.01 feet right of and at right angles to centerline station 648+03.55 of the proposed centerline of StateHH-tighway 121; (12) THENCE South 81 degrees 33 minutes 29 seconds East, with the north line of said Tract No. 1 and with the existing south right-of-way line of said interstate Highway 20, a distance of 988.74 feet to the POINT OF BEGINNING, and containing 1,010,555 square feet or 23,199 acres of land, more or less. tiORk()NI?t)NA .i Asso :whs. INV. Sid% ISkrNTwoi)r= STAIR kO S)_ 'r= 54) FORT WORTH. TEXAS Donation Agreement Exhibit B Page 6 of 12 • Notes: (1) Parcel No, 13=1 RO%V CS,):OSO4-02-t1 Date: M c5. 29, 2009 Exhibit A. Page 4 of 5 Pages A plat of even survey date herewith accompanies this legal description, (2) All bearings are referenced to the project control for state 1-Iighway 121. ;ill bearings and distance arc surface. (3) All coordinates are grid coordinates, lxased on the Texas Coordinate System, NAD-83 (1993), Nonh Central Zonewith a Combined Scale Factor for this Project of 0.9998797]. (4) Right -of -Way Markers are 5/8 inch iron rods with blue caps stamped " Oorrondona 8_4 Assoc Inc Fort Worth Texas", unless otherwise noted. (5) Access is prohibited across the "Control of Access Line" to the transportation fEtciJity from the adjacent property_ I HEREBY CERTIFY TO THE NORTH TEXAS TOLLWAY AUTHORITY THAT THIS SURVEY PREPARED BY ME WAS ACTUALLY MADE UPON I HL GROUND AND THAT IT AND TI-IE INFORMATION, COURSES, ANI) DISTANCES SHOWN THEREON ARE CORRECT AND THAT THE TITI F LINES AND LINES OF ACTUAL POSSESSION ARE THE SAME. SURVEYED ON THE GROUND) -TUNE 18, 2004 `'t �. ; = -a- •r J VI Richard Kennedy - •'j •Registered Professional ;Laois%4k '� �3�t r . i. `fit No. 5527 GORRONDONA & A 1 • VS, lYi' l:;t,-t?ORLI\IA: our) ST:+,gt RI) SUITEu) FORT EXAS - FAX S1',-49.'.)-t_'-7 FAX 7-2; P.O.B. N=8,932,699.61 E-2,305,207,56 645+00 0 CO C'3 co 5 R O.W. MARKER EDWARDS GEREN LIMITED VOLUME 12915, PAGE.394 D,R.T.C.T, PROPOSED RIGHT-OF-WAY tx "C OF A" F. HEATH SURV BSTRACT NO. 64 Gi 883.Q1' RT. 548+03.55 Sf R.O.W MARKER 4R5 EXISTING RIGHT-OF-WAY LEGEND PROPOSED R.O.W. PROPERTY LINE SURVEY UNE EXIST. EASEMENT UNE CNTL. OF ACCESS "C OF A" PARCEL NUMBER XO RECONSTRUCTED CORNER RCC SURVEYED ON THE GROUND JUNE 6, 2 RICHARD KENNEDY, RPLS No, 5527 4R7 RADIAL BEARING N 88'27'38"W 2 0.28' L :657+22,1 07' 19,'35 HUNTERS RIDGE VOLUME 388-136. PAGE 82 ed P,R,T,C,T, S 0711'48"E 32.98' s 0011'48"E 579,69' 1A1 09 0.2867 ACRES (BY DEED)= CITY OF FORT WORTH VOLUME 9263, PAGE 253 23,702 ACRES (BY DEED);:;;;.;; ; .:6s3+o TRACT NO. 1 CITY OF FORT WORTH VOLUME 12782, PAGE 157 :_._.. D.R,T.C,T......,_..., N 01'32'22E 4R24 LINE TABLE UNE BEARING DISTANCE L-1 S 89'53'53"W 69.81 L-2 S 00'09'05"E 230.13 L-3 S 68'48'42'Nv 254.16 L-4 ' N. 32'13'54"E 39.62 CURVE TABLE CURVE RADIUS DELTA ARC 0-1 903.97 15' 11'47" 239.76 0-2 5546.34 00'22'53" 36.93 0-3 5546.34 02"57'43" 286.72 C-4 507.61 83'06'01" 736.22 • E IN FEET 1207.28' CITYVIEW CABINET A, SLIDE 6118 P.R,T,C.T. DETAIL "A" PROPOSED RIGHT-OF-WAY "C OF A" 300 PAGE 5 OF 5 PAGES IGHT-OF-WA E,,DETAIL ," IfIS R,O.W. MARKER 4R !A 2 246.5 ' RT 667+10.0 G. SHIELDS SURVEY ABSTRACT NO. 1436 OVERTON SOUTH ADDITION VOLUME 388-154, PAGE 31 P.R,T,C,T. 5-n PROPOSED RIGHT-OF-WAY "C OF A" 6�0+00 "1 - EXISTING RIGHT-OF-WAY NOTES: (1) A LEGAL DESCRIPTION OF EVEN SURVEY DATE HEREWITH ACCOMPANIES THIS PLAT. (2) BEARINGS ARE REFERENCED TO THE PROJECT CONTROL FOR STATE HIGHWAY 121, BEARINGS AND DISTANCES SHOWN ARE SURFACE, (3) THE COORDINATES SHOWN ARE GRID COORDINATES, BASED ON THE TEXAS COORDINATE SYSTEM, NAD-83, NORTH CENTRAL ZONE, UTILIZING A TXDOT SURFACE FACTOR OF 1.00012 FOR THIS PROJECT., (4) RIGHT-OF-WAY MARKERS ARE 5/8" IRON RODS WITH BLUE CAPS STAMPED "GO RONDONA & ASSOC INC FORT WORTH TEXAS", UNLESS NOTED OTHERWISE. (5) ACCESS IS PROHIBITED ACROSS THE "CONTROL OF ACCESS LINE" TO THE TRANSPORTATION FACILITY FROM THE ADJACENT PROPERTY, NORTH TEXAS TOLLWAY AUTHORITY STATE HIGHWAY 121 RIGHT—OF—WAY PLAT PARCEL NO. 134 ROW TAKING: 23,199 AC. OWNER: CITY OF FORT WORTH• GORRONOONA & ASSOCIATES, INC. • 6707 BRENTWOOD STAIR ROAD, SUITE SO FORT' WORTH, TX. ' PH, 817/496-1424 FAX 817/496-1768 MAY 29, 2009 SCALE: 1" = 300' coIv cm ielTexas D.pertment Tnnspenatloe Form ROW-N-14 Rev. 8/2003 Replaces Forms D-15-1 I, D-15-14, D-15-141, D-I5-142, ROW-N-I2PT,ROW-N-14, ROW-N-141, and ROW-N-142 GSD-EPC Page 1 of2 DEED Controlled Access Highway Facility THE STATh OF TEXAS COUNTY OF TARRANT Donation Agreement Exhibit B Page 8of12 SH 121 0504-02-018 Parcel 135 WHEREAS, the Texas Transportation Commission has been authorized under the Texas Transportation Code Chapters 203, 224, and 361 to purchase land and such other property rights (including requesting that counties and municipalities acquire highway right of way) deemed necessary and convenient to a state highway or turnpike project to be constructed, reconstructed, maintained, widened straightened, or extended, or to accomplish any other purpose related to the location, construction, improvement, maintenance, beautification, preservation, or operation of a state highway or turnpike project, and including the acquisition of such other property rights deemed necessary for the purposes of operating a designated state highway or turnpike project, with control of access as necessary to facilitate the flow of traffic and promote the public safety and welfare on both non -controlled access facilities, as well as facilitating the construction, maintenance and operation of designated controlled access highways and turnpike projects; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, the City of Fort Worth, a Municipality, of the County of Tarrant, State of Texas, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration to Grantors in hand paid by the State of Texas, acting by and through the Texas Transportation Commission receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto the State of Texas all that certain tract or parcel of land lying and being situated in the County of Tarrant, State of Texas, more particularly described in Exhibit "A," which is attached hereto and incorporated herein for any and all purposes. SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining title to the following improvements located on the property described in said Exhibit ` A" to wit: NONE Grantors covenant and agree to remove the above -described improvements from said land by the N/A day of N/A, subject, however, to such extensions of time as may be granted by Grantee, its successor and assigns, in writing; and if, for any reason, Grantors fail or refuse to remove same within said period of time prescribed, then, without any further consideration, the title to all or any part of such improvements not so removed shall pass to and vest in the Grantee, its successors and assigns, forever. Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same, however, nothing in this reservation shall affect the title and rights of the Grantee, its successors and assigns, to take and use all other minerals and materials thereon, therein and thereunder. Form ROW-N-14 Rev. 8/2003 Page 2 of 2 Donation Agreement Exhibit B Page 9of12 Grantors hereby acknowledge that their use of and access to the state highway facilities and/or turnpike project (hereafter called highway facility) to be constructed in conjunction with the highway facility of which the land hereby conveyed shall become a part, shall be and forever remain subject to the same regulation by legally constituted authority as applies to the public s use thereof; and Grantors further acknowledge that the design and operation of such highway facility requires that rights of ingress and egress and the right of direct access to and from Grantors remaining property (if any) to said Highway facility, shall hereafter be governed by the provisions set out in said Exhibit "A' , SAVE AND EXCEPT in the event access, or access points may be specifically allowed or permitted in said Exhibit "A", such access shall be subject to such regulation as is determined by the Texas Department of Transportation and/or the Texas Turnpike Authority Division to be necessary in the interest of public safety and in compliance with approved engineering principles and practices and subject to compliance with any applicable local municipal or county zoning, platting and/or permit requirements. The property described in said Exhibit relates to a "whole" property acquisition, so that there is no remainder or remaining property owned by the Grantors that was originally out of or a part of the property described in said Exhibit "A". Therefore, there are no access rights retained or remaining in Grantors, their successors and assigns, out of or relating to the property described in said Exhibit "A". All access rights associated with all of the property in said Exhibit "A" are owned and retained by the State, with the access denial line being co -existent with the Right of Way boundary line. TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the State of Texas and its assigns forever, and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto the State of Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. IN WITNESS WHEREOF, this instrument is executed on this the I ' day of CLri vcc , 2-01 p. City of •ri Worth By: Title: Acknowledgment State of Texas County of Tarrant This instrument was acknowledged before me on ti ( fl %C% a -Mt by 50S kf\ Ai &ru` LINDA M. HIRRLINGER MY COMMISSION EXPIRES February 2, 2014 of Fort Worth, a municipality, on behalf of said municipality. thaW\ Notary Public's Signature After recording please return this instrument to: Texas Department of Transportation Attn: Right of Way P. O. Box 6868 Fort Worth, Texas 76115 Donation Agreement Exhibit B Page 10 of 12 Parcel No. 135 ROW CSJ: (1504-02-018 Date: July 13, 2009 Exhibit A, Page 1 of 3 Pages Being a 0.288 acre tract of land out of the 1.F. Heath Survey, Abstract No. 641, City of Fort • Worth, Tarrant County, Texas, said 0.288 acre tract of land being all of a tract of land deeded by Cassto Land Co., Inc. to the City of Fort Worth by Warranty Deed dated March 9, 1988 and recorded in -Volume 9263,, Page 253 (_->f the Deed Records of Tarrant Count•v. Texas. said 0.288 acre tract of land being more particularly described by metes and bounds as follcws: • BEGINNING at.a 5/8 inch iron rod found for the southeast corner of said tract of land deeded to the City of Fort Worth and for the southwest corner of Lot 3, Block 22 of Overton South, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Cabinet A, Slide 7734 of the Plat Records of Tarrant County, Texas, said 5'8 inch iron rod being in the existing north right -of -way line of Overton Ridge Boulevard (a 120.0' rightoftway), said 518 inch iron rod having arid coordinates of N=65930,953.91 and 1 =2,305, l 03. 3 7, said 5/8 inch iron rod being the beginning of a curve to the left having a radius of 2350.92 feet, a central angle of 00 degrees 58 minutes 56 seconds and whose radius bears a radial bearing of South 04 degrees 40 minutes 46 seconds East; (I) THENCE with said curve to the left, with the south line of said tract of land deeded to the City of Fort ;, orth and with the north rig ht-of:way line of said Overton Ridge Boulevard, an arc length of 40.31 feet to a point for the reconstructed southwest corner of said tract of land deeded to the eh). of Fort Worth, said point being the rmonstracted most southerly southeast cornefof a 23.702 acre tract of land thy deed) deeded to the City of Fort Worth as recorded in Volume 127$2, Page 157 of said Deed Records of Tat rant County. Texas: (2) THENCE North 00 degrees 09 minutes 05 seconds West, with the west line of said tract of land deeded to the City of Fort Worth and with the east line of said 23,702 acre tract Of land, a distance of 230.13 tc a point for the reconstructed northwest corner of said tract of land deeded to the City of Fort Worth and a reconstructed interior ell corner in the east line of said 23.702 acre tract of land; (3) THENCE North 89 degrees 53 minutes 53 seconds East, with The north line of said tract of land deeded to the City of Fort Worth and with the east line of said 23.702 acre tract of land, a distance of 69.81 feet to a 5/8 inch iron rod found for the northeast corner of said tract of land deeded to the City of Fort Worth and for the northwest corner c f said Lot 3_ said 5/8 inch iron rod being in the proposed east rightaof-way line of State Highway 12I, said 518 inch iron rod being the hekinning of a Control of Access Line, said 5/8 inch iron rod being 224.76 feet left of and at right angles to centerline station 663-39.26 of the proposed centerline of State Highway I2]. From which a 5/8 inch iron rod with cap stamped "Sempco" found for corner in the north line of said Lot 3 bears North 89 degrees 53 minutes 53 seconds East, a distance of .75.63 feet: • 4.1 • C OKRO` DOAA & ASSOCIATES. INC. 6707 Tt UNT14OOD STAIR Ra -..11E Stt FORT WORM. TFtiAs 7ort2 FAX 6 • Donation Agreement Exhibit B Page 11 of 12 Parcel No- 135 _ROW CSJ: 0504-02-018 Date: July 13, 2009 Exhibit A, Page 2 of 3 Pages (4) THENCE South 07 degrees 18 minutes 31 seconds West, with the cast line of said tract of land deeded to the City of Fort Worth, with the west line of said Lot 3, with the proposed east right-of-way line of said State Highway 12l and with said Control of Access Line, passing at a distance of 152.97 feet, a ROSY. Marker set in the proposed easterly right -of -wav line of said State Highway 121 for the end of said Control of Access Line, said .FZ_0.W. Marker being 224.81 feet left or and at right angles to centerline station 664+92 23 of the. proposed centerline of State Highway 121, in all, a distance of 228.E-8 feet to the POINT OF BEGINNING, and containing 12,52: square feet or 0.288 acres of land, more or less. Notes: • (I) A plat of even survey date herewith accompanies this legal description. (2) All bearings are referenced to the project control for State Highway 12 1 _ All bearings and distances are surface. (3) Allcoordinates are grid coordinates, based on the Texas Coordinate System_ NAD-83, North Central Zone; utilizing a TxDoT Surface Factor of 1.00012 for this project, (4) Right -of -Way Markers are 5 8 inch iron rods with blue caps stamped "Conundone! & Assoc Inc Fort Worth -Texas", unless otherwise noted_ (5) Access is prohibited across the "Control of Access Line" to the transportation facility from the adjacent property. I HEREBY CERTIFY TO THE NORTH TEXAS TOLLWAY AUTHORITY THAT TFUS SURVEY PREPARED BY ME WAS ACTUALLY MADE UPON THE GROUND AND THAT IT AND THE INFORMATION, COURSES, AND DISTANCES SHOWN THEREON ARE CORRECT AND THAT THE TITLE LINES AND LINES OF ACTUAL POSSESSION ARE THE SAME. SURVEYED ON THE GROUND APRIL2_ 2005 Richard Kennedy •f ` toy � c Registered Professional Land Sure yit No. 5527 _ - - Cit}kkONDah': t & ASSOflA rES, INC' 1.14) BR NTWOOD SI AIR ED. Sl)ITE 5Q 1:13if - : ORTJL TEXAS 76112 31749f -1424 F VX 517-4)6-176a '_. lJt Fit- • • 74. CURVE TABLE CURVE 1 RADIUS 235C.92 DELTA Oo 58'56" ARC 1I 1 4-0 3 1 Q to 60 30 Nct- c Et - I` v 2 CITY C.T. FORT WORT -I VO-UME ' 2?82, PAGE t 57 D. in.4'-T N S9`53'53" E RCo 69.51' b 0 RCC C-1 VEBTO RIDGE BOO_ VOID (124.4 R SCALE IN FEET LEGEND PROPOSED LJN LINE SURVEY UNE EXIST. EASEMENT UNE CUR- OF ACCEti LINE_^�I( �I OF A' PARCEL NurJ R RECONSTRUCItlt CORNER RCC SURVEYED ON THE GROUND APRIL 25. 60 ; r- • _.':. .1k -' ▪ - ; 4_;- . ._.• .. •-._ .:. : C .tfr . RICHARD KENNEDY, RPLS No_ 5527 PAGE 3 GE 3 PAGFC GQRRONDONA & ASSOCIATES. INC. • 6707 13RTNTwoob STAIR Donation Agreement Exhibit B Page 12 of 12 •-tz- n;iw�y J/ 663+39.26 224.7F' LT. N 89'53'53'E C"NC. 5 •r6"IR 75;0' r _ PROPOSED Ri GIT-OF-WAY "C OF A" SET R.O.W. MARKER 9 5 I P. Q 1. ND 5/SiR S40 0,083_DI Ers2.305,103.37 1 LOT f, BLOCK 1 HUNTERS RI.DCF: VCLJSI= 3&E-35. PACT R2 FND 5/s"1R W/C.,P '"S=UPCo" _.. 41. U1 N) 0<4 .A 1k q) (I) G)' PROPOSED RIGHT-OF-WAY t OF A" i� 0 I3.) accE I. ir CO H-- c i < elp • NOTES_ - (1) A LEGAL DESCRIPTION OF EWU SURVEY DATE HEREWITH ACCOMPANIES THIS PLAT. (2) B AR NGS ARE RaTERENCED TO THE PROJECT CONTROL FOR STATE HIGHWAY 121. BEARINGS A7'40 I NSTANCY'S SHOWN ARE SURFACE. (3) THE COORDINATE SHOWN ARE GRID COORDINATES. BASED ON THE TEXAS COORDINATE SYSTEM, - HAD- B3, NORTH CENTRAL ZONE, UTILIZING A TX DOT SURFACE FACTOR OF 1.00012 FOR THIS PROJECT. (4) RICHT OF -WAY MARKERS ARE 5/E' IRON ROOS WITH BLUE CAPS STAMPED tORRONDONA & Assoc INC FORT WORTH MAS", UNLESS NOTED OTHERWISE. (5) ASS IS PROHIBTIED ACROSS THE 'CONTROL OF ACCESS UNE' TO THE TRNISPORTATION FACILITY FROM THE ADJACENT PRGPERTY. itt NORTH TEXAS TOLLWAY AUTHORITY STATE HIGHWAY 121 RIC,IYTOF'-WAY PLAT PARCEL NO. 135 ROW TAKING: 0.28$ AC. OWNER: CITY OF FORT WORTH JULY 13, 2009 OAD, SUITE 50 FORT WORTH, TX. - PH. B17 8-1424 FAX 817/49& - t 76H City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/14/2010 DATE: Tuesday, September 14, 2010 REFERENCE NO.: L-15053 LOG NAME: 17PROPERTY EXCHANGE AND DONATION SUBJECT Authorize the Exchange and Donation of Two City —Owned Parcels for Thirteen Parcels Owned by the State of Texas and Authorize the Acceptance of Thirteen Parcels Owned by the State of Texas (COUNCIL DISTRICTS 3 and 9) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the exchange and donation of two City —owned parcels for thirteen parcels owned by the State of Texas in accordance with Local Government Code 272.001(b)(3) 2. Authorize the acceptance of the conveyance of the thirteen parcels owned by the State of Texas, and 3. Authorize the City Manager or his designee to execute and record the appropriate instruments conveying the City's parcels to complete the exchange. DISCUSSION: The City of Fort Worth owns two pieces of land that are required by the State of Texas for the highway realignment and reconstruction of SH 121. In exchange for the two lots, the State of Texas will convey to the City thirteen of its surplus properties. The exchange of these lots shall occur at no expense to the City or the State of Texas. The lots to be exchanged are more particularly described as follows and in attachments hereto: Grantor City of Fort Worth State of Texas Legal Description Parcels 134 and 135 of J.F. Heath Survey, Abstract No. 641 Portion of Block 2, Saunders Addition Portion of Block 2, Saunders Addition Portion of Block 3, Saunders Addition Portion of Block 4, Jennings East Addition Portion of Block W, Daggetts Addition Portion of Block Al, Daggetts Addition Portion of Block B 1, Daggetts Addition Portion of Block B1, Daggetts Addition Portion of Block Cl, Daggetts Addition Portion of J. Childress Survey, Abstract No. 250 Portion of Lot A Block 4, Nance s Addition Portion of Block 3, Nance's Addition Portion of Block 3 Nance's Addition , The two City of Fort Worth owned properties are in COUNCIL DISTRICT 3 and all of the State of Texas owned properties are in COUNCIL DISTRICT 9. Acreage 23 19 0.098 0.049 0.574 0.138 0.434 0.529 0.023 0.55 0.422 0.021 0.19263 0 401675 0 133448 FISCAL INFORMATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. FUND CENTERS: TO Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS 1. City of Fort Worth Parcels.pdf 2. State of Texas Parcels.pdf FROM Fund/Account/Centers Thomas Higgins (6192) Jay Chapa (5804) Jay Chapa (5804) Cynthia Garcia (8187)