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HomeMy WebLinkAboutContract 54304 Date Received: 08/20/2020 City Secretary Time Received: 8.48AM Number: 54304 PUBLIC RIGHT-OF-WAY ENCROACHMENT LICENSE AGREEMENT C©;1•L6/ERCIAL THIS AGREEMENT is made and entered into by and between THE CITY OF FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"), acting by and through its duly authorized City Manager, Assistant City Manager, or Development Services Department Director, and CIELO PLACE,LLC, a Texas limited liability company("Licensee"), owner of the real property located at 3111 Race St., Fort Worth, Texas 76111 ("Property"), acting by and through the President of its duly authorized Managing Member. RECITALS WHEREAS, Licensee is the owner of certain real property situated in the City of Fort Worth, Tarrant County, Texas, more particularly described in the attached Legal Description of the Property, attached as "Exhibit C" and incorporated herein for all purposes;and WHEREAS,the City has a street,alley,sidewalk,and/or other public right-of-way (individually or collectively, the "Public Right-of-Way") adjacent to the Property as shown on the map attached to this Agreement as"Exhibit A,"which is incorporated herein for all purposes;and WHEREAS, Licensee desires to construct/place and maintain certain improvements which will encroach in,on,above,or below the Public Right-of-Way;and WHEREAS, to accommodate the needs of the Licensee, the City will allow the encroachment under the terms and conditions as set forth in this Agreement. NOW,THEREFORE, the City and Licensee agree as follows: AGREEMENT 1. The City, in consideration of the covenants and agreements hereinafter contained to be kept and performed by Licensee, hereby grants permission to Licensee to encroach in,on,above,or below and occupy a portion of the City's Public Right-of-Way as described in and at the location shown on Exhibit A, but only to the extent shown thereon, for the purpose of installing and maintaining approximately 1,596 square feet of public access ROW Encroachment Agreement-Commercial Page l of 13 OFFICIAL RECORD Revised 4/2020 CITY SECRETARY FT.WORTH,TX parking (the '`Improvements") to be accessed by residents, licensees and invitees of the residential multifamily development to be constructed upon the Property (the `Project") and the general public, a portion of such Improvements to encroach upon portions of the Public Right-of-Way (the"Encroachment"),as depicted in Exhibit"A"attached hereto. Licensee agrees to be responsible for maintaining the portion of the Improvements located within the Public Right-of-Way. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on the Public Right-of-Way beyond what is specifically described in the exhibit(s)attached hereto. 2. All construction,maintenance,or operation in connection with such Encroachment, use,or occupancy shall comply and be performed in strict compliance with this Agreement and with the Chatter, Ordinances, and Codes of the City, and in accordance with the directions of the Director of the Transportation and Public Works Department or the Director of the Water Department, or their duly authorized representative. Prior to the construction of the Encroachment, Licensee shall submit all relevant plans and specifications to the applicable Director or duly authorized representative. Licensee shall not commence construction of the Encroachment until such approval shall be indicated in writing by the applicable Director or authorized representative. However, such approval shall not relieve Licensee of responsibility and liability for concept, design, and computation in the preparation of such plans and specifications with respect to the Improvements. 3. Licensee,at no expense to the City,shall make proper provisions for the relocation and installation of any existing or future utilities affected by such Encroachment, use,and occupancy, including the securing the approval and consent of the appropriate utility companies and agencies of the State of Texas and its political subdivisions. In the event that any installation, reinstallation, relocation, or repair of any existing or future utility or improvements owned by or constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance, or existence of the Encroachment and use, Licensee shall pay to City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works or the Director of the Water Department,or their duly authorized representative. 4. Licensee agrees that City may enter and utilize the referenced Encroachment areas at any time for the purpose of installing,repairing,replacing,or maintaining improvements to its public facilities or utilities necessary for the health,safety,and welfare of the public, or for any other public purpose. The City shall bear no responsibility or liability for any damage or disruption or other adverse consequences resulting from the Improvements installed by Licensee, but City will make reasonable efforts to minimize such damage. ROW Encroachment Agreement-Commercial Page 2 of 13 Revised 4/2020 Notwithstanding anything to the contrary contained herein,however,Licensee shall not be liable or responsible for any claims for personal injury or otherwise any claims, costs or demands arising out of gross negligence or willful misconduct attributable to the City or its employees, agents or representatives. 5. Upon termination of this Agreement, Licensee shall, at the option of and at no expense to the City, remove the Encroachment and restore the Public Right-of-Way to a condition acceptable to the Director of Transportation and Public Works or the Director of the Water Department, or their duly authorized representative, in accordance with then- existing City specifications(provided, that the condition of the Public Right-of Way prior to the installation of the Improvements shall be deemed to be acceptable for purposes of this paragraph). It is understood and agreed to by Licensee that if this Agreement terminates and Licensee fails to remove the portion of the Improvements located within the Easement areas as directed and restore the portion of the Public Right-of-Way affected by the Improvements, Licensee hereby gives City permission to remove such portion of the Improvements and any supporting structures and assess a lien on the Property for the verifiable costs expended by the City in taking such actions. G. In order to promote housing, economic development and quality services in Fort Worth and in accordance with the Neighborhood Empowerment Zone Program (NEZ) Basic Incentives and Tax Abatement Policy, the City has agreed to waive fees for this Agreement. However, both City and Licensee expressly agree and stipulate that this Agreement is based on valuable consideration and an exchange of promises that will be independently beneficial to both parties. Both parties agree as a condition precedent to executing this Agreement that the consideration is valuable and sufficient and that neither party shall be able to assert otherwise in the event of litigation. 7. This Agreement shall commence on the date this Agreement is executed by City and shall remain in effect until the date that is thirty live (35)years after the date of the final certificate of occupancy issued in connection with the Project. However, this Agreement may be terminated upon Licensee's noncompliance with any of the terms of this Agreement, subject to the notice and cure periods set forth in this paragraph 7. City shall notify Licensee, in writing of any noncompliance at Licensees address listed below: Cieto Place,LLC 5501-A Balcones Dr. #302 Austin,Texas 78731 ROW Encroachment Agreement-Commercial l Page 3 of 13 l Revised 4/2020 i City agrees to provide copies of any notices of non-compliance to Licensee's investor member(s)and trustees of any deeds of trust encumbering the Property,provided that Licensee provides the City with the identity and notice information of any such parties. If a noncompliance is not cured within thirty (30) days after written notice is received by Licensee, this Agreement shall be deemed terminated, unless such noncompliance is not susceptible to cure within thirty (30) days, in which case this Agreement shall be deemed terminated in the event that Licensee fails to commence and take such reasonable steps as are necessary to remedy the noncompliance within thirty (30) days after written notice specifying the same, or having so commenced, thereafter fails to proceed diligently and with continuity to remedy same. City shall accept any cure by Licensee's investor members) and/or trustees of any deeds of trust encumbering the Property as if such cure were made on behalf of Licensee. 8. It is further understood and agreed between the parties hereto that the portions of the Public Right-of-Way to be used and encroached upon by the Improvements is held by City as trustee for the public; that City exercises such powers over such affected portions of the Public Right-of-Way as have been delegated to it by the Constitution of the State of Texas or by the Texas Legislature; and that City cannot contract away its duty and its legislative power to control the Public Right-of-Way for the use and benefit of the public. It is accordingly agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the Public Right-of-Way to be used for any other public purpose, including but not being limited to underground, surface,or overhead communication, drainage, sanitary sewerage,transmission of natural gas or electricity,or any other public purpose,whether presently contemplated or not,that the parties agree to negotiate in good faith in order to accommodate the Encroachment and the public purpose. 9. LICENSEE COVENANTS AND AGREES TO INDEMNIFY,AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS,SERVANTS,EMPLOYEES, AND ELECTED OFFICIALS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH,TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE ENCROACHMENT AND USES GRANTED HEREUNDER(COLLECTIVELY, "LIABILITIES"), WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED SIMPLE NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND LICENSEE HEREBY ASSUMES ALL ROW Encroachment Agreement-Commercial Page 4 of 13 Revised 4/2020 LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS, PROVIDED, THAT LICENSEE SHALL NOT BE REQUIRED TO INDEMNIFY OR HOLD HARMLESS THE CITY AGAINST ANY SUCH LIABILITIES WHERE SUCH LIABILITIES ARISE OUT OF OR ARE ATTRIBUTABLE TO THE GROSS NEGLIGENCE AND/OR WILLFUL MISCODUCT OF THE CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND/OR ELECTED OFFICIALS. LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES. 10. While this Agreement is in effect,Licensee agrees to furnish City with a Certificate of Insurance naming City as certificate holder as proof that is has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and described in Exhibit A. The amounts of such insurance shall be not less than $1,000,000 with the understanding and agreement by Licensee that such insurance amounts may be revised upward at City's option and that Licensee shall so revise such amounts immediately following notice to Licensee of such requirement. Such insurance policy shall not be canceled or amended without at least thirty(30)days prior written notice to the Building Official of the City. A copy of such Certificate of Insurance is attached as "Exhibit B" and incorporated herein for all purposes. Licensee agrees to submit a similar Certificate of Insurance annually to the City on the anniversary date of the execution of this Agreement. Licensee agrees, binds, and obligates itself and its successors and assigns to maintain and keep in force such public liability insurance at all times during the term of this Agreement and until the removal of the Encroachment and the cleaning and restoration of the affected portions of the Public Right-of-Way. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. 11. Licensee agrees to deposit with the City when this Agreement is executed a sufficient sum of money to be used to pay necessary fees to record this Agreement in the ROW Encroachment Agreement-Commercial Page 5 of 13 Revised 4/2020 real property records of Tarrant County,Texas. After being recorded,the original shall be returned to the City Secretary of the City of Fort Worth. 12. Licensee agrees to comply frilly with all applicable federal, state, and local laws, statutes,ordinances,codes,and regulations in connection with the construction,operation, and maintenance of the Encroachment and uses. 13. Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for by this Agreement or by any federal,state,or local statute, law,or regulation. 14. Licensee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant,or employee of City,and Licensee shall have exclusive control of and the exclusive right to control the details of its operations,and all persons performing same,and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. The doctrine of respondeat superior shall not apply as between City and Licensee, its officers, agents, servants, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Licensee. 15. Licensee agrees and acluiowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain, and locate the Improvements to be located within the Encroachment over or within the Public Right-of-Way and is not a conveyance of any right, title, or interest in or to the Public .Right-of-Way, nor is it meant to convey any right to use or occupy property in which a third-party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. 16. In any action brought by the City for the enforcement of the obligations of the Licensee, City shall be entitled to recover interest and reasonable attorneys' fees. ROW Encroachment Agreement-Commercial Page 6 of 13 Revised 4/2020 17. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. 18. Licensee covenants and agrees that it will not assign all or any of its rights, privileges, or duties under this Agreement without the written approval of the City, and any attempted assignment without such written approval shall be void. In the event Licensee conveys the Property, Licensee may assign all of its rights and obligations under this Agreement to the new owner of the Property, and Licensee shall be deemed released from its duties and obligations hereunder upon City's approval in writing of such assignment, which approval shall not be unreasonably conditioned or withheld. Foreclosure by a secured lender of Licensee or assignment to a secured lender by Licensee in the event of default or otherwise shall not require City approval provided that said lender notifies City in writing within sixty (60) days of such foreclosure or assignment and assumes all of Licensee's rights and obligations hereunder. However, no change of ownership due to foreclosure or assignment to any secured lender of Licensee shall be effective as to City unless and until written notice of such foreclosure or assignment is provided to City. 19. Any cause of action for breach of this Agreement shall be brought in Tarrant County,Texas. This Agreement shall be governed by the laws of the State of Texas. 20. This Agreement shall be binding upon the parties hereto and their successors and assigns. 21. This Agreement may be executed in multiple counterparts,each of which shall be considered an original, but all of which shall constitute one instrument [SIGNATURES APPEAR ON FOLLOWING PAGE] ROW Encroachment Agreement-Commercial Page 7 of 13 Revised 4/2020 City: Licensee: CITY OF FORT WORTH CIELO PLACE, LLC, a Texas limited liability company B v:D:f Harrett jJo"—,2d2a-t2:48E#3 ' —— DJ Harrell, Director By: Saigebrook Cielo, LLC, a Texas limited liability company, its Development Services Department Managing Nlemb Date: Jul 8,2020 ame: L• a ep ieus Title: President Da tc: 4p44UIlR� ATTEST: p�°a s=; Approved As To Form and Legality V l/ V aa��DER 454a0' Matt Murray(Jul 8,202012:39 C Mary Kayser, City Secretary FbWBC Sec. 3210 City Secretary's Office Matthew A. Murray Assistant City Attorney Contract Compliance Specialist: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements, 904� Laurie Lewis Interim Development Manager ROW Encroachment Agreentettl-Comniercial Pige 3 of 13 Revised 4/2020 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX MR 517741' !I a WIN11 N 1111110101 ! STATE OF TEXAS § COUNTY OF TARRANT § BEFORE-ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared DJ Harrell, Director, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of the City of Fort Worth, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 12 day of July 20 20 LAURIE Digitally signed by LAURIE RYp 6 LAURIE PEQUENO LEWIS PEQUENO LEWIS ZO Notary Public PEQUENO LEWIS Dale:2020.07.1219:02:23-0600' STATE OF TEXAS Notary Public in and for the State of Texas * � Notary I.D. 132278952 9 of My Comm. Exp. Dec. 10, 2023 After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth,Texas 76102 ROW Encroachment Agreement-Commercial Page 9 of 13 OFFICIAL RECORD Revised 4/2020 CITY SECRETARY FT.WORTH,TX STATE OF TEXAS § COUNTY O _ § � 6L&" BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Lisa Stephens, as President of Saigebrook Cielo, LLC,a Texas limited liability company,the Managing Member of CIELO PLACE,LLC, a Texas limited liability company,known to me to be the person whose name is subscribed to the foregoing instrument,and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed, as the act and deed of CIELO PLACE, LLC,a Texas limited liability company,and in the capacity therein stated. IV GIVEN UNDER MY HAND AND SEAL OF OFFICE this�/i,^_day of June, 2020. X�Z' a/- I f t__ KATHERINE E TURNERNotary ID Ali30604693Notary Public in and for the I (S My Commission Expires March 29,2024 State of ROW Encroachment Agreement-Commercial Page 10 of 13 OFFICIAL RECORD CITY SECRETARY Revised 4/2020 FT.WORTH,TX EXHIBIT A Map of Easement and Encroachment ROW Encroachment Agreement-Commercial Page 1 l of 13 Revised 4/2020 rrLEGEND OF ABBREVIATIONS D.R.C.C.T. DEED RECORDS,COLLIN COUNTY,TEXAS P.R.C.C.T. PLAT RECORDS,COLLIN COUNTY,TEXAS INST.NO. INSTRUMENT NUMBER • C.M. CONTROLLING MONUMENT • ROW RIGHT OF WAY NOTE: 20' 0 10, 20' 40' Bearings are based on the State Plane Coordinate System,Texas North Central Zone(4202)North American Datum of 1983(NAD '83),with a combined scale factor of 1.00012 SCALE: 1"=20' 1/2-RESAR 'GRANT" 1' REBAR N13 43'44'W N89°49'58"E NBA 46.91,�1 I 8.70' POINT OF BEGINNIN I MUTUAL ACCESS EASEMENT 015 ACRES z I /63* 5 SQUARE FEET 0 z LU o z w a oo I o a n 0 Cr N I W LOT 1,BLOCK 2 L1J m o o RIVERSIDE BAPTIST CHURCH SITE J o I o VOL,388-79,PG.24 a o o P.R.T.C.T. zam z 0 v~i = > Um a zo 5' UTILITY EASEMENT j� (VOL. 388-79, PG. 24, P.R.T.C.T.) En En S89049'58"W a 8.70' pUf-a x F~ at m EXHIBIT MUTUAL ACCESS EASEMENT 3 8U It"kf'1 an 635 SQUARE FEET >-Q ENGINEERING PORTION OF LOT 1, BLOCK 2 5200 State Highway 121 RIVERSIDE BAPTIST CHURCH SITE �n x Colleyville,TX 76034 Phone:817-488-4960 CTY OF FORT WORTH Page 1of2 DRAWNBY:BCS DATE:202M6-10 JOBNO.:2019.001.080 TARRANT COUNTY, TEXAS Z.\Project Data\Survey\001 — Kirkman Engineering\2019\080 — Riverside Baptist Church\Drawings FCLEGENDREVIATIONS DEED RECORDS,COLLIN COUNTY,TEXAS PLAT RECORDS,COLLIN COUNTY,TEXAS INSTRUMENT NUMBER • C.M. CONTROLLING MONUMENT • ROW RIGHT OF WAY —NOTE —29 0 to, 20' 0' Bearings are based on the State Plante Coordinate System,Texas : j North Central Zone(4202)North American Datum of 19831NAD '83),with a combined scale factor of 1.00012 SCA[,F.: I"=?0' LOSE FLORES&SPOUSE,HORTENCiA FL ORES INST.NO.D202142773 O.P.R.T.C.T. N89"49'30"E 1/2'REBAR "GRANT _ 1:3. 7' fRAD SPIKE N87'S3'—45' UTILITY EASEMENT OF BEGINNING (VOL 388-79, PG, 24, P.R.T.C.T.) 1 O Z 3: CA N St L Q f^ v W n= s� a: LOT 1,BLOCK 2 V) h RIVERSIDE.BAPTIST CHURCH SITE z a- VOL.388-79,PG.24 {LI o P.R.T.C.T. cc o _ x Z s 0 m J O R j an I MUTUAL ACCESS EASEMENT g 0.022 ACRES- in 961 SQUARE FEET �;z Iz� S39"49'3t)"1V ( I � 13.f7'� I 4J ( a� EXHIBIT MUTUAL ACCESS EASEMENT irkmCan 961 SQUARE FEET ENGINEERING PORTION OF LOT 1, BLOCK 2 5200 State Highway 121 RIVERSIDE BAPTIST CHURCH SITE N 4 Coffeyville,TX 76034 Phone:817-488-4960 CTY OF FORT WORTH Page 1 of f DeAvrNBY:BCS DArE:2020�06-10 JOBNO.:2019.0ol.oe0 TARRANT COUNTY, TEXAS Z.\Project Data\Survey\OOt — Kirkman Enginaering\2019\080 —Riverside Baptist Church\Drawings EXHIBIT B Certificate of Insurance ROW Encroachment Agreement-Commercial Page 12 of 13 Revised 4/2020 EXHIBIT C Metes and Bounds or Location Description of the Property ROW Encroachment Agreement-Commercial Page 13 of 13 Revised 4/2020 EXHIBIT it " MUTUAL ACCESS EASEMENT 635 SQUARE FEET PORTION OF LOT 1, BLOCK 2 RIVERSIDE BAPTIST CHURCH SITE CTY OF FORT WORTH TARRANT COUNTY, TEXAS PROPERTY DESCRIPTION BEING a portion of Lot 1 in Block 2 of Riverside Baptist Church Site, an addition in the City of Fort Worth, Tarrant County, Texas,according to the plat recorded under Volume 388-79, Page 24, Plat Records of Tarrant County, Texas, the subject tract being more particularly described by metes and bounds as follows (bearings are based on State Plane Coordinate System,Texas North Central Zone(4202)North American Datum of 1983(NAD'83)): BEGINNING at a point in the southernmost west line of said Lot 1 for the northwest corner of the herein described tract, from which a 1 inch rebar found for the westernmost southwest corner of said Lot 1 bears North 13 degrees 43 minutes 44 seconds West,a distance of 46.91 feet; THENCE through the interior of said Lot 1, the following calls: 1.North 89 degrees 49 minutes 58 seconds East, a distance of 8.70 feet to a point from which a 1/2 inch rebar with cap stamped, "GRANT" found for a re-entrant corner of said Lot 1 bears North 67 degrees 05 minutes 04 seconds East,a distance of 98.78 feet; 2.South 00 degrees 10 minutes 02 seconds East,a distance of 73.00 feet; 3.South 89 degrees 49 minutes 58 seconds West,a distance of 8.70 feet to a point in the west line of said Lot 1; THENCE North 00 degrees 10 minutes 02 seconds West,with the southernmost west line of said Lot 1, a distance of 73.00 feet to the POINT OF BEGINNING and enclosing 0.015 acres (635 square feet)of land, more or less. SURVEYOR'S CERTIFICATE This is to certify that I,John H. Barton 111,a Registered Professional Land Surveyor of the State of Texas, have prepared this map from an actual survey on the ground,and that this map correctly represents that survey made by me or under my direction and supervision. Date of Plat/Map:June 10,2020 OF ,�P..•o�........................... Jo :Barton III, RPLS#6737 OHN HOMER BARTON II .............. �.. . 6737 <9�2)SUR`I��O4 Pape 2 of 2 Z Wn/..e oam�avey�ooi—x�tmo,[ngn.,.nq\2ofu�aso—an,..v.a�ta rnxrnWv.no EXHIBIT "`" MUTUAL ACCESS EASEMENT 961 SQUARE FEET PORTION OF LOT 1, BLOCK 2 RIVERSIDE BAPTIST CHURCH SITE CTY OF FORT WORTH TARRANT COUNTY, TEXAS PROPERTY DESCRIPTION BEING a portion of Lot 1 in Block 2 of Riverside Baptist Church Site, an addition in the City of Fort Worth, Tarrant County,Texas,according to the plat recorded under Volume 338-79, Page 24, Plat Records of Tarrant County,Texas, the subject tract being more particularly described by metes and bounds as follows (bearings are based on State Plane Coordinate System,Texas North Central Zone(4202)North American Datum of 1983(NAD'83)): BEGINNING at a point in the southernmost easta nmost northeast corner o{said Lot bears North 00 degrees line said Lot rthea the northeast corner the ' e tract, from which a railroad spike found for the easternmost 11 minutes 10 seconds West,a distance of 5.50 feet; THENCE South 00 degrees 11 minutes 10 seconds East, with the southernmost east line of said Lot 1, a distance of 73.00 feet; THENCE through the interior of said Lot 1,the following calls; 1.South 89 degrees 49 minutes 30 seconds West,a distance of 13.17 feet; 2.North 00 degrees 11 minutes 10 seconds West, a distance of 73.00 feet, to a point from which a 1/2 inch rebar corner of said Lot 1 bears North 87 degrees 53 minutes 14 with cap stamped, "GRANT" found for a re-entrant seconds West,a distance of 137.04 feet; 3.North 89 degrees 49 minutes 30 seconds East, a distance of 13.17 feet to the POINT OF BE OilNPIING and enclosing 0.022 acres, (961 square feet)of land, more or less. 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