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HomeMy WebLinkAboutContract 44353 (2)CITY SECRETARY Ca��CrNO. _yy3s,� PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT Grantor(s): The Fort Worth Transportation Authority 1600 E. Lancaster Avenue Fort Worth, Texas 76102 Grantee: City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 FOR AND IN CONSIDERATION of the sum of Ten and No/100 Dollars ($10.00), in hand paid, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned Grantor, by these presents does hereby GRANT, BARGAIN, SELL and CONVEY unto the City of Fort Worth, its successor and assigns, as Grantee, all of the following: 1. Easement. A permanent, exclusive easement on and right-of-way to a section of land approximately ten -feet -by -ten -feet (10' X 10') in the northeast quadrant of the East Fort Worth Transfer Center, located at 4510 East Lancaster Avenue, Fort Worth, Texas, a description of which his attached hereto as Exhibit A and incorporated herein for all purposes (hereinafter called the "Easement"), together with all improvements located thereon, on, in, over, through and across Grantor's land for the purpose of locating, establishing, constructing, laying, installing, using, maintaining, inspecting, protecting, repairing, restoring, renewing, reconstructing, replacing, substituting, changing, altering, converting, relocating, and exhibiting within the Easement for the use and enjoyment of the public, and removing therefrom public art generally depicted as a Trout Lily Clock ("Public Art"), a description of which is set forth in Exhibit B, attached hereto and incorporated herein. This exclusive Easement shall automatically terminate and revert to Grantor, free and clear of any right, title or interest in Grantee, at such time as the Public Art is no longer intended to be permanently located at the East Fort Worth Transfer Center. 2. Temporary Construction Easement. A Temporary Exclusive Construction Easement (hereinafter called "Temporary Construction Easement"), together with all improvements located thereon, on, in, over, through and across Grantor's land for the use by Grantee, its agents, employees, contractors and subcontractors, only in connection with and during the original installation of the Public abaveretrtheeEcar ent. The Temporary Construction Easement shall automatically terminate - , t or, free and clear of any right, title or interest �i .`) ch k {� %, E, f ► Permanent Easement and Temporary Consti uc1it! FhdseRY inent , 1 of 13 Fri WORtiti? cot RECEIVED APR -S 2013 in Grantee, upon whichever first occurs: (i) the completion of installation and continued maintenance of the Public Art piece on the Easement; or (ii) such time as the Pubhc Art is no longer located at the East Fort Worth Transfer Center. The location of the Temporary Construction Easement shall be the same as the Easement 3. Grantee Need for Additional Workspace. Grantor hereby expressly agrees that in the placement of the Public Art to be installed should cross any sidewalk, walkway, or pedestrian waiting spaces located on the above described land or other places requiring extra work space, or if the rights granted to Grantee hereunder require extra work space, then Grantee and its contractors shall have the right and temporary access to additional working space which may be necessary therefor and Grantee agrees to restore or return any damage to the additional workspace caused by Grantee in the performance of the rights granted herein to substantially the same or better condition as existed prior to the Grantee's use. Grantee, Grantees employees, contractors and subcontractors shall, in no event, park a vehicle, place equipment on, or in any manner use or block the bus driveways and bus staging areas. 4. Grantee and its Contractors' Access. Grantee and its contractors shall have the right of ingress and egress to and from Grantor's land, which right of ingress and egress, except as otherwise provided in this paragraph, shall be limited to carrying out the purposes herein stated and to the boundaries of the Easement. Grantee and its contractors shall also have the right, for ingress and egress purposes only, to use any road or roads located now or in the future, on Grantor's Land; provided, however, Grantee shall restore such roads or other improvements to substantially the same or better condition as the roads and/or other improvements were in prior to the use thereof by Grantee. Grantee, Grantees employees, contractors and subcontractors shall, in no event, park a vehicle, place equipment on, or in any manner use or block the bus driveways and bus staging areas. 5. Public Access. The public shall have the right of ingress and egress to and from Grantor's Land and to and from the Easement for the purpose of viewing and appreciating the Public Art. 6. Initial and Future Damages Caused by Grantee. Except as set forth above and after the initial Public Art installation, Grantee agrees to return or restore all damages to improvements, landscaping or other property of Grantor permitted to be located on the Easement by the terms hereof, and caused by Grantee or its agents, servants, employees, contractors or subcontractors in performing such future maintenance of the Public Art and related activities on the Easement to substantially the same or better condition as existed prior the Grantee's use. Grantor and Grantee agree and understand that Grantee's consideration herein paid does not include payment caused by the initial installation of the Public Art, if any, including land surface damages and/or damages to other improvements. Grantee agrees, to the fullest extent permitted by law and the Texas Constitution, to indemnify and hold Grantor harmless from and against all claims and liability for damages to property and personal injury, including death, stemming from or related to the Public Art s presence on Grantor s property. Grantee shall hold Grantor harmless for damage or destruction of the Public Art caused by the public or a third party. NOTHING CONTAINED HEREIN SHALL EVER BE Pennanent Easement and Temporary Construction Easement 2 of 13 CONSTRUED SO AS TO REQUIRE LICENSEE TO CREATE A SINKING FUND OR TO ACCESS, LEVY, AND COLLECT ANY TAX TO FUND ITS OBLIGATIONS UNDER THIS PARAGRAPH. Grantor Reservation of Rights to Easement. Grantee does not acquire by this Easement and Right -of -Way Agreement, but expressly takes subject to, and Grantor reserves to Grantor: all oil, gas, sulphur, uranium, fissional materials, and other minerals ( `Grantor's Minerals') under the surface of the Easement, so long as Grantee's use of the Easement for the purposes set forth herein is not disturbed. 7. Grantee Withholding of Certain Taxes. The Internal Revenue Code provides that a Grantee of a real property interest in the United States must withhold tax if the Grantor is a foreign person. Grantor hereby certifies under oath and subject to penalties of perjury that such Grantor is not a foreign person, foreign corporation, foreign trust or foreign estate, for purposes of Internal Revenue Code compliance. 8. Termination of Easements. The Easement and Temporary Construction Easement shall automatically terminate and revert to the Grantor, free and clear of any right, title or interest in Grantee, at such time as the Public Art is no longer intended to be permanently located at the East Fort Worth Transit Center. 9. No Grantee Assignment Grantee, and Grantee's successors and assigns, will not have the right to assign or transfer this Easement and Right of Way Agreement in whole or in part. 10. Binding Effect. The teens and conditions hereof shall extend to and be binding upon and inure to the benefit of the parties hereto and their respective assigns and successors. 11. Entire Agreement. Subject to the terms hereof, Grantee shall have all other rights and benefits necessary or useful for the full and complete enjoyment and use of the Easement for the purposes stated herein. This document fully sets forth the terms and conditions mutually agreed to by the parties and there are no other oral or wntten agreements between the Grantor and Grantee which modify, alter or amend this Easement and Right -of -Way Agreement. 12. Assignment. This Permanent Easement and Temporary Construction Easement Agreement ("Agreement") does not constitute either party as the agent or legal representative of the other for any purpose whatsoever. The parties are not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of the other or to bind the other in any manner whatsoever. The Parties shall not assign this Agreement without the prior written consent of the other. 13. Authority. Each party covenants with the other that it has full power and authority to enter into and perform its obligations under this Agreement and the persons executing it on their behalf are duly authorized to do so by all requisite action. 14. Notice. All notices, requests, demands, and other communications that are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been Permanent Easement and Temporary Construction Easement 3 of 13 duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, as follows: Grantee: Fernando Costa, Assistant City Manager 1000 Throckmorton Street Fort Worth, Texas 76102 (817) 392-8518 Copies to: and to: Martha Peters, Vice President, Public Art Arts Council of Fort Worth & Tarrant County 1300 Gendy Street Fort Worth, Texas 76107 (817) 298-3025 City of Fort Worth Law Department 1000 Throckmorton Street Fort Worth, Texas 76102 (817) 392-7600 Grantor: Richard L. Ruddell, President/Executive Director Fort Worth Transportation Authority 1600 East Lancaster Avenue Fort Worth, TX 76102 (817) 215-8704 Copy to: Sylvia M Hartless, General Counsel Fort Worth Transportation Authority 1600 East Lancaster Avenue Fort Worth, TX 76013 (817) 215-8702 15. Amendments. The parties expressly reserve the right to modify this Agreement, from time - to -time, by mutual agreement No modification or amendment of the provisions of this Agreement shall be effective unless in writing and signed by authorized representatives of the Parties. 16. Invalidity of Particular Provisions Should any term, provision, condition, or other portion of this Agreement or the application thereof be held to be inoperative, invalid, or unenforceable, the remainder of this Agreement or the application of the term or provision to persons or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby and shall continue in full force and effect. Permanent Easement and Temporary Construction Easement 4 of 13 17. No Waiver. No waiver of full performance by any party shall be construed, or operate, as a waiver of any subsequent default or breach of any of the terms, covenants, or conditions of this Agreement 18. Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired. 19. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 20. Waiver of Immunity. Nothing herein shall be deemed to constitute a waiver of any immunity or affirmative defense, which may be asserted by Grantee as to any claim of any third party. 21. Applicable Laws. The laws of the State of Texas shall govern this agreement and the relationship created hereby. Venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. 22. Governmental Powers. It is understood that by execution of this Agreement, City does not waive or surrender any of it governmental powers TO HAVE AND TO HOLD the Easement and Temporary Construction Easement together with all and singular the privileges and appurtenances thereto in anywise belonging unto Grantor, its successors and assigns. Grantor does hereby bind Grantor, Grantor's successors and assigns to warrant and forever defend, all and singular, unless earlier terminated in accordance with the provisions herein, the Easement and Temporary Construction Easement unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] EXECUTED to be effective on this day of , 2013. Permanent Easement and Temporary Construction Easement 5 of 13 GRANTOR: FORT WORTH TRANSPORTATION AUTHORITY By: Ridhard L. Ruddell President/Executive Director APPROVED AS TO FORM AND LEGALITY: By: 4iv1kt 1)wylvia M.�Hartless General Counsel Permanent Easement and Temporary Construction Easement GRANTEE: CITY OF FORT WORTH Byt[� Fernando Costa Assistant City Manager APPROVED AS TO FORM AND LEGALITY: By: Tyter F: Wallach Assistant City Attorney ATTESTED BY: By: Mary City cretary After recording return to: Tyler F. Wallach City Attorney's Office City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 • rctC::::1;4;9;3(al T,20,01t-i)t\i>\((c �) Ca) vc 4‘,0-ap '1 4411 s4 1°0 1/41-;S00001 061 g o OFFICIAL RECORD C01117 SECRETARY , ,u�: NORTH, TX 6of13 ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the 4 ttke day of , 2013 by Richard L. Ruddell, President/Executive Director of Gr ntor Fort Worth Transportation Authority, a political subdivision of the State of Texas, created pursuant to Chapter 452 of the Transportation Code. 1 DETRA DIANNE WHITMORE MY COMMISSION EXPIRES April 22, 2017 STATE OF TEXAS COUNTY OF TARRANT § Notary Public, State of Texas BEFORE ME, the undersigned authority, on this day personally appeared Fernando Costa, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Fort Worth, a municipal corporation of Tarrant County, Texas, for the purpose and consideration therein expressed and in the capacity therein stated. IVEN UNDER MY HAND AND SEAL OF OFFICE this , 2013. • J. Y IN. . JO i i day of i�ZI� iV �LIv �� Notary Public in and for the State of Texas /1 I JJ . III LIPS S3EiIdX3 NOISSIWW00 AN S13INV0 VIN0A13 11 itm a ,: 1 , r • . • r , 4 jl- 4• a• J,•• i l� Permanent Easement and Temporary Construction Easement 7 of 13 Exhibit A Public Art Permanent Easement and Temporary Construction Easement 8 of 13 2-face clock 24" diameter internal light Tube steel/Diameter / Wall thickness TBD 13.0' Trout Lily Erythronium albidum Expanded Steel 3/4 #9 standard 68% area open all steel galvanized & powdercoated 10.0' Sargent Street Clock / PRELIMINARY 3.15.12 Footing TBD Fort Worth Public Art / Jack Mackie artist Permanent Easement and Temporary Construction Easement 9 of 13 hadijo„1"Id11,J,111.11111111 ILd,.dIWL„d!;IW11,III Exhibit B Easement and Temporary Construction Easement hi.; 1 1 uilo ililn!pux, 'idtlhliiu 11111 a ida, l.w q111,1 EXHIBIT "A" eluJlill i.11Y4 1. JIIn4X,on6 1641111!, lili,b,,,01'eli.4elulilllil W" Being a permanent art exhibit easement situated in the Perry Anderson Survey, Abstract No. 32, City of Fort Worth, Tarrant County, Texas, said permanent art exhibit easement being a portion of Lot 1-A, Block B-I of Turner's Subdivision of Beacon Hill Addition, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 388-204, Page 90 of the Plat Records of Tarrant County, Texas, said Lot 1-A being deeded to Fort Worth Transit Authority as recorded in Volume 13275 Page 149 of the Deed Records of Tarrant County, Texas, said permanent art exhibit easement being more particularly described by metes and bounds as follows: COMMENCING at the northeast comer of said Lot 1-A, said point being the northwest corner of Lot 1-R Block 1 of Matthews Subdivision an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Cabinet A, Slide 5845 of said Plat Records of Tarrant County, Texas, said point also being in the south right-of-way line of East Lancaster Avenue (a 140' right-of-way), from which a 3/8 inch iron rod found for reference bears South 89 degrees 15 minutes 33 seconds West, a distance of 0.22 feet; THENCE South 89 degrees 15 minutes 33 seconds West, with the north line of said Lot 1-A and with the south right-of-way line of said East Lancaster Avenue, a distance of 31.99 feet to the POINT OF BEGINNING of the herein desenbed permanent art exhibit easement; THENCE South 00 degrees 49 minutes 26 seconds East, a distance of 18.71 feet to a point for corner; THENCE South 89 degrees 10 minutes 34 seconds West, a distance of 10.00 feet to a point for corner; THENCE North 00 degrees 49 minutes 26 seconds West, a distance of 18.73 feet to a point for corner in the north line of said Lot 1-A, said point being in the south right-of-way line of said East Lancaster Avenue, from which a 3/8 inch iron rod found for the northwest corner of said Lot I -A bears South 89 degrees 15 minutes 33 seconds West, a distance of 122.71 feet, said 3/8 inch iron rod being the intersection of the south right-of-way line of said East Lancaster Avenue with the east right-of-way line of South Sargent Street (a variable width right-of-way); THENCE North 89 degrees 15 minutes 33 seconds East, with the north line of said Lot 1-A and with the south right-of-way line of said East Lancaster Avenue, a distance of 10.00 feet to a point to the POINT OF BEGINNING, and containing 187 square feet or 0.004 acres of land more or less. (Exhibit "A") Page 1 of 2 GORRONDONA Sr ASSOCIATES, 1NC. 7524 JACK NEWELL BLVD. SO. FORT WORTH, TEXAS 76118 817-496-1424 FAX 817-496-1768 Permanent Easement and Temporary Construction Easement 10 of 13 yh IIIII,uel,Illl1luIIhllll 11 Iwl1.1,oullullh, IV llu!'111 hl III 1.1 Jill. hell 111Y11.1hh1..hl hlh.11hhh Ili bill l 11111u1111.,II, I1 11 '11!111 II„ 111 I IIIIi[II,Iit 11„h,ll111111111!1,111i 1111 n.111Y,111.11 IIII,Ii11J,1. ,lieii,l,1 1111 1 1 I, 1i .1111 111 �11, Notes: (1) A plat of even survey date herewith accompanies this legal description. (2) All bearings and coordinates are referenced to tilt, Texas Coordinate System, NAD-83, The North Central Texas Zone 4202, rill distances and areas shown are surface * SURVEYOR'S CERTIFICATE * TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, 1 DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FORM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. March 06, 2013 Gorrondona & Associates, Inc. s'ItEt I\ t \k: u<;I, By: I'i t(1't1t;L Richard Kennedy Registered Professional Land Surveyor, Texas No. 5527 Texas Firm No. 10106900 (Exhibit "A") Page 2 of 2 OORRONDONA & ASSOCIATES INC 7524 JACK NEWELI BLVD. SO. FORT WORM. TEXAS 76118 817-496-1424 FAX 817-496-1768 IIIeWII JnfelPl gPll. 6l 1,11 III „II1II IIII h1 YI h -1� I11 1111 nu IIllh h h dhn lh tun How 1.m11 u1 hl ollo ul 11 hw■ Pennanent Easement and Temporary Construction Easement 11 of 13 UNE L-1 L-2 L-3 L-4 L-5 LINE TABLE BEARING S 89' 15'33'W 5 00'49'26'E S 89'10'34"W N 00'49'261W N 89 15 33'E W Iz z W 0 Q cn (A VARIABLE WIDTH RIGHT-OF-WAY) EXHIBIT ''B'' EAST LANCASTER AVENUE (A 140' RIGHT—OF—WAY) 1 DISTANCE I 31.99 I 18.71' I 10.00' 18.73' 10.00' I FND 3/81R S 89'15'33'W 122.71' PERMANENT ART EXHIBIT EASEMENT AREA 187 SQ. FT. OR 0.004 ACRES FND 3/8"IR P. O B I FOR REFERENCE BEARS J S 89'15'33"W 0.22' L-1 LOT 1—R, BLOCK 1 MATTHEWS SUBDIVSION CABINET A, SLIDE 5845 FORT WORTH TRANSIT AUTHORITY VOLUME 13275, PAGE 149 D.R.T.C.T. LOT 1 -A, BLOCK TURNCSSUBDIVISION UBD S ON 0-1 OF BEACON BILL ADDITION VOLUME 8oa, PAGE g 90 P R T C.T. NOTES: 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 2. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE Sias tM, NAD-83, THE NORTH CENTRAL ZONE 4202, ALL DISTANCES AND AREAS SHOWN ARE SURFACE. EXHIBIT SHOWING A PERMANENT ART EXHIBIT EASEMENT OUT OF LOT 1—A, BLOCK B-1 OF TURNER'S SUBDIVISION OF BEACON HILL ADDITION AN ADD(RON TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS AS RECORDED IN VOLUME 388-204, PAGE 90 PLAT RECORDS OF TARRANT COUNTY, TEXAS PROJECT: SARGENT STREET TRANSFER STATION PERMANENT ART EXHIBIT EASEMENT: 187 SQUARE FEET OR 0.004 ACRES JOB No. JMAC_1301.00 I DRAWN BY: SMP I CAD FILE: JMAC1301 DATE: MARCH 06, 2013 EXHIBIT B PAGE 1 OF 1 SCALE: 1' = 30' GORRONDONA 8 ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, Permanent Easement and Temporary Construction Easement 30 .00-ESMT.DWG 1, 15 0 I I SCALE IN FEET 30 TX, 76118 • 817-496-1424 FAX 817-496-1768 12 of 13 Lot Report Wed Mar 06 15:02:25 2013 Lot File: G:\JMAC1301.00 - Sargent St ::Fer Sta\SURVEY\CAD\LOT\JMAC1301.00-ESMT.lot Lot: 1PE Bearing Distance S 00°49'26" E 18.71 S 89°10'34" W 10.00 N 00°49'26" W 18.73 N 89°15'33" E 10.00 Closure Error Distance> 0.0055 Error Rearing> S 00°56100" E Closure Precision> 1 in 10435.5 Total Distance> 57.44 LOT AREA• 187 SQ FT OR 0.004 ACRES Page 1 of 1 Permanent Easement and Temporary Construction Easement 13 of 13 11 1111 iiVi1 1111111111111111,1.111,111111111 11 11 i11 1111 IIIUVo id 61 111,111111 111111111 di 111,1111111111111111 1 ItldIIVIli Iud llil tlllo1d116VJ11111.11111111111I1lullllllil 11 illullli Iltlai 1 III 11111111, II 11111 Ib 1 11 III dill 11 EXHIBIT "A" Being a permanent art exhibit easement situated in the Perry Anderson Survey, Abstract No. 32, City of Fort Worth, Tarrant County, Texas, said permanent art exhibit easement being a portion of Lot 1-A, Block B-1 of Turner's Subdivision of Beacon Hill Addition, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 388-204, Page 90 of the Plat Records of Tarrant County, Texas, said Lot 1-A being deeded to Fort Worth Transit Authority as recorded in Volume 13275, Page 149 of the Deed Records of Tarrant County, Texas, said permanent art exhibit easement being more particularly described by metes and bounds as follows: COMMENCING at the northeast corner of said Lot 1-A, said point being the northwest corner of Lot 1-R, Block 1 of Matthews Subdivision, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Cabinet A, Slide 5845 of said Plat Records of Tarrant County, Texas, said point also being in the south right-of-way line of East Lancaster Avenue (a 140' right-of-way), from which a 3/8 inch iron rod found for reference bears South 89 degrees 15 minutes 33 seconds West, a distance of 0.22 feet; THENCE South 89 degrees 15 minutes 33 seconds West, with the north line of said Lot 1-A and with the south right-of-way line of said East Lancaster Avenue, a distance of 31.99 feet to the POINT OF BEGINNING of the herein described permanent art exhibit easement; THENCE South 00 degrees 49 minutes 26 seconds East, a distance of 18.71 feet to a point for corner; THENCE South 89 degrees 10 minutes 34 seconds West, a distance of 10.00 feet to a point for corner, THENCE North 00 degrees 49 minutes 26 seconds West, a distance of 18.73 feet to a point for corner in the north line of said Lot 1-A, said point being in the south right-of-way line of said East Lancaster Avenue, from which a 3/8 inch iron rod found for the northwest corner of said Lot 1-A bears South 89 degrees 15 minutes 33 seconds West, a distance of 122.71 feet, said 3/8 inch iron rod being the intersection of the south right-of-way line of said East Lancaster Avenue with the east right-of-way line of South Sargent Street (a variable width right-of-way); THENCE North 89 degrees 15 minutes 33 seconds East, with the north line of said Lot 1-A and with the south right-of-way line of said East Lancaster Avenue, a distance of 10.00 feet to a point to the POINT OF BEGINNING, and containing 187 square feet or 0.004 acres of land, more or less. (Exhibit "A") Page 1 of 2 GORRONDONA & ASSOCIATES, INC. 7524 JACK NEWELL BLVD. SO. FORT WORTH, TEXAS 76118 817-496-1424 FAX 817-496-1768 Notes: (1) A plat of even survey date herewith accompanies this legal description. (2) All bearings and coordinates are referenced to the Texas Coordinate System, NAD-83, The North Central Texas Zone 4202, all distances and areas shown are surface. * SURVEYOR'S CERTIFICATE TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FORM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. March 06, 2013 Gorrondona & Associates, Inc. By: Richard Kennedy Registered Professional La Texas No. 5527 Texas Firm No. 10106900 OF f6 .. .......... A too C' FO-y to .. N M.•.MM �. �,., < RICHARD KENNE • • R\i Air yor, 1 1/4 t> (Exhibit "A") Page 2 of 2 GORRONDONA & ASSOCIATES, INC. 7524 JACK NEWELL BLVD. SO. FORT WORTH, TEXAS 76118 817-496-1424 FAX 817-496-1768 LINE L-1 L-2 L-3 L-4 L-5 w w 1-ag CC w c7 Q 2 0 S S S N N LINE TABLE BEARING 89'15 33)V 00'49'26 E 89' 10'34 00'49'26 89' 15'33"E DISTANCE 31.99' 18.71' 10.00' 18.73' 10.00' 1 1 i • IMO MID EXHIBIT "B" EAST LANCASTER AVENUE (A 140' RIGHT-OF-WAY) FND 3/8"IR ,\<c• s4D J ,L S 89' 15'33"W 122.71' o OMB PERMANENT ART EXHIBIT EASEMENT AREA 187 SQ. FT. OR 0.004 ACRES IP. o.Ba a„. TFND 3/8"IR T �, FOR REFERENCE BEARS S 89' 15'33"W 0.22' L-1 LOT 1-R, BLOCK 1 MATTHEWS SUBDIVSION CABINET A, SLIDE 5845 P.R.T.C.T. FORT WORTH TRANSIT AUTHORITY VOLUME 13275, PAGE 149 D.R.T.C.T. VOCBe 1 LOB, VASUHDIVI DIOIpN TURNERON AIILL0A4DPAGE VBLUME3PR.T.C.T. NOTES: 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 2. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NAD-83, THE NORTH CENTRAL ZONE 4202, ALL DISTANCES AND AREAS SHOWN ARE SURFACE. EXHIBIT SHOWING A PERMANENT ART EXHIBIT EASEMENT OUT OF LOT 1-A, BLOCK B -1 OF TURNER'S SUBDIVISION OF BEACON HILL ADDITION AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS AS RECORDED IN VOLUME 388-204, PAGE 90 PLAT RECORDS OF TARRANT COUNTY, TEXAS PROJECT: SARGENT STREET TRANSFER STATION PERMANENT ART EXHIBIT EASEMENT 187 SQUARE FEET OR 0.004 ACRES 1 30 15 0 30 SCALE IN FEET JOB No. JMAC_1301 00 DRAWN BY: SMP CAD FILE: JMAC1301.00—ESMT.DWG RICHARD KENNEDY REGISTERED PROFESSIONAL LAND SURVEYOR DATE: MARCH 06, 2013 EXHIBIT B PAGE 1 OF 1 SCALE: 1'° = 30' NO. 5527 TEXAS FIRM NO. 10106900 GORRONDONA & ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD OUTH FORT WORTH, TX. 76118 • 817-496-1424 FAX 817-496-1768