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Home My WebLink AboutContract 44537-GNA1 (3). ,� � �-9'�:r��l �. ��"--7 �1 O�j � 4 ��t�1�`�� ; ,-�,nT \hf(1[? 1 �' C�,�,� , � h. � • �. � QUITCLAIM ASSIGNMENT AND ASSUMPTION AGREEMENT THIS QUITCLAIM ASSIGNMENT AND ASSUMPTION AGREEMENT ("Assignment Agreement") is entered into by and between BNSF Railway Company, a Delaware corporatio ("Assignor") and the City of Fort Worth ("Assignee") to be effective as of �i'' ;� , 2015 (the "Effective Date"). W I T N E S S E T H l'1 ��J � WHEREAS, Assignor and Assignee have entered into that certain BNSF Relocation Agreement dated as of May 17, 2010 (as amended, the "BNSF Relocation Agreement") and that certain Property Transfer Agreement dated as of June 12, 2013 (as amended, the "Property Transfer Agreement"), pursuant to which documents Assignor will convey to Assignee Assignor's interest in certain real property located in Tarrant and Denton Counties, Texas, all as more specifically described in the BNSF Relocation Agreement, the Property Transfer Agreement and the Deed Without Warranty given to Assignee by Assignor of even date herewith (the "Deed"); and WHEREAS, while Assignee is accepting the conveyance of Assignor's interest in such properties on an "as-is, where-is" basis, subject to all rights, interests and estates of third parties in or to or to access or use the property conveyed, all as further described in the Deed, and including, without limitation, rights of easement grantees, tenants or licensees, and their assigns, as tenants, easement grantees or permittees only, under currently effective agreements or grants (collectively,such third party rights, interests and estates are referred to herein as "Rights"); Assignee has nevertheless requested that Assignor assign any rights Assignor may have in and to the agreements or the like creating the Rights, Assignor has agreed to do so to the extent of its interests and to the extent any such Right is validly existing, on the terms set forth below; and WHEREAS, the parties have agreed upon a phased closing for the property conveyances, with the first such phase to convey Assignor's interest in property located in Tarrant County, Texas, and the second such phase to convey Assignor's interest in property located in Denton County. NOW THEREFORE, for and in consideration of the sum of $10.00 cash in hand, the mutual covenants and agreements contained herein, and for other good and valuable consideration the receipt and sufficiency of which is deemed acknowledged, Assignor and Assignee agree as follows: 1. Assignment and Assumption Assignor does hereby quitclaim to Assignee, and Assignee does hereby assume, any rights or obligations(if any) Assignor may have in or pursuant to any agreement, instrument or the like creating any Right when such Right is contained wholly within and affects only the real property as to which Assignor will convey its interest in the first �� i; ., �;�: �,�� , :d�._�,: CITY SECRETARY FT. WOR'PH, TX phased closing. As to any Right that may affect such conveyed property but also other property of Assignor, no interest in or pursuant to any agreement, instrument or the like creating or purporting to create such Right is assigned by this instrument. Assignor has not made, does not make and expressly disclaims, any and all warranties, representations, covenants or guarantees, express or implied, or arising by operation of law, (i) as to the accuracy or completeness of any set of agreements, instruments or the like creating, describing or relating to any Right which Assignor may have previously delivered to Assignee; (ii) as to the merchantability, habitability, quantity, quality, validity, condition, suitability for a particular purpose, status of title to, or enforceability of any particular agreement, instrument or the like creating or purporting to create a Right; and (iii) as to all interests of Assignor assigned or attempted to be assigned hereunder, if any. 2. Modification/Amendment Assignor and Assignee agree that neither this Assignment and Assumption Agreement nor any of the terms or provisions contained herein may be orally amended, extended, modified, supplemented, terminated or waived. Any and all amendments, extensions, modifications, supplements, terminations or waivers of this Assignment and Assumption Agreement must be presented to each of the parties hereto in writing, and be signed by the party against whom such amendment, extension, modification, supplement, termination or waiver is sought to be enforced. 3. Miscellaneous (a) This Assignment Agreement may be executed by the parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute but one and the same instrument. (b) Any notice required or permitted to be given hereunder by one party to the other shall be in writing and the same shall be given and shall be deemed to have been served and given if (i) placed in the United States mail, certified, return receipt requested, or (ii) deposited into the custody of Federal Express or another nationally recognized overnight delivery service, addressed to the party to be notified at the address for such party specified below, or to such other address as the party to be notified may designate by giving the other party no less than thirty (30) days' advance written notice of such change in address. If to Assignor: BNSF Railway Company 2500 Lou Menk Drive Fort Worth, TX 76131-2830 If to Assignee: The City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 With a copy to: (c) This Assignment Agreement shall be governed by the laws of the State of Texas, U.S.A., including all matters of construction, validity and perFormance, as applicable to contracts between citizens of that state to be performed wholly within that state, and without reference to conflicts of law principles. The parties agree that this Assignment Agreement is performable in the county in which Assigned Railroad Right-of-Way Segment is located, and that exclusive venue shall lie in such county. [signatures on following page(s)] IN WITNESS WHEREOF, Assignor and Assignee have caused this Assignment and Assumption Agreement to be duly executed and delivered to be effective as of the Effective Date. Assignor: BNSF Railway Company, a Delaware corpQration . � -� . � � � ��- _ � � � � . • . --. �- `-'.- - . • - Assignee: City of Fort Worth, a Texas municipal corporation By: APPROVED AS TO FORM AND LEGALITY: By: By: pFFICIAL RECORD CIiY SECRETARY FT. WOR�'�4, TX 1N WITNESS WHEREOF, Assignor and Assignee have caused this Assignment and Assumption Agreement to be duly executed and delivered to be effective as of the Effective Date. Assignor: BNSF Railway Company, a Delaware corporation By:` Name: Title: Assignee: City of Fort Worth, a Texas municipal corporation By. APPR�VED AS TO FQRM AND L�GALITY: By;_ ,_ � E / �� I � ,�G'Iti' r�� i'� ��'/ F'�. WORTW, TX � � �FFICIAL RECORD ! �CITY S�CR�TARY I Contrac� �athori�atiox „, � 1•,:, c;� � i: �._�� ir� �, Ai�1 �� t�i .lit; �t�i�in�,a, �r��;�,�� ,.�-._ u��„ ,�;cp��r�y �X&�Ut�d. (� .,1 �.1►�: :�i �'r('� ”, r,~� , , f._ i� '� �'•d�:itiie ��+t�l � �. PARTIAL WAIVER OF OPTION (Airport Expansion Tract) THIS PARTIAL WAIVER OF OPTION ("Partial Waiver") is exe�uted by and between AIL Investment, L.P. a Texas limited partnership (hereinafter referred to as "AIL") and BNSF Railway Company, a Delaware corporation, to be effective as of �pi,2rnhP� ZS , 2015 (the "Effective Date"). W I T N E S S E T H: WHEREAS, Hillwood/1088, LTD., a Texas limited partnership ("Hillwood"), Hillwood's affiliate, Hiliwood/114 & 156, LTD., a Texas limited partnership, and The Atchison, Topeka and Santa Fe Railway Company, as the predecessor-in—interest, either through assignment or merger, to BNSF Railway Company, a Delaware corporation (hereinafter referred to as "BNSF"), entered into a Railroad Mainline Relocation Development Agreement dated November 6, 1992 (hereinafter referred to as the "Relocation Agreement"); and WHEREAS, pursuant to Section 11 of the Relocation Agreement BNSF granted to Hillwood (and its assignees) an option ("Option") to acquire up to all of BNSF's right, title and interest in and to certain BNSF railroad right-of-way further described in Exhibit N of the Relocation Agreement (hereinafter the "Old Railroad Right-of-Way"); and WHEREAS, Sections 11(a) and 13(e) of the Relocation Agreement provide that the option granted in Section 11 may be assigned in whole or in part by Assignor without the prior written consent of BNSF; and WHEREAS, Hillwood assigned its rights under Section 11 of the Relocation Agreement to AIL pursuant to that certain Limited Warranty Deed dated effective as of December 31, 1997, filed December 30, 1998 as Document Number 98-R0117442, recorded in Volume 4246, Page 485 of the Real Property Records of Denton County, Texas; and WHEREAS, AIL has directed BNSF to convey to the City of F "City") that certain portion of the Old Railroad Right-of-Way described attached hereto (the "Airport Expansion Tract"), in connection with the expand Alliance Airport. ort Worth (the on Exhibit A City's plans to NOW THEREFORE, for and in consideration of the sum of $10.00 cash in hand, the mutual covenants and agreements contained herein, and for other good and valuable consideration the receipt and sufficiency of which is acknowledged, pursuant to the terms and conditions contained herein, AIL, for the benefit of BNSF, hereby waives, relinquishes and releases all right, title and interest, if any, together with all contractual -1- rights that AIL may have in and to or respecting the Airport Expansion Tract pursuant to the Option or otherwise under the Relocation Agreement. AIL further acknowledges that BNSF plans to rely on this agreement to convey the Airport Expansion Tract to the City. Notwithstanding anything to the contrary, the waiver by AIL set forth herein applies only to the Airport Expansion Tract, and in no way releases, affects, modifies or impairs the Option or AIL's rights as same relate to any property other than the Airport Expansion Tract. AIL reserves and retains all rights in and to the Option to the extent same relates to any property other than the Airport Expansion Tract. IN WITNESS WHEREOF, AIL has caused this Partial Waiver to be duly executed and delivered to be effective as of the Effective Date. AIL: AIL Investment, L.P., a Texas limited partnership By: AIL GP, LLC, a Texas limited liability company, its general partner By G�K Na Titl � ��'Fi�IAL RECORD � �' ��:;IiY S�C�ETARY -2- '� ��;�,�'�,a_ Tx � �, , This Partial Waiver is hereby acknowledged and agreed to by BNSF BNSF Railway Company, a Delaware corporation By:_ Name: Title: : � ��=FICiAL R�CORD �ITX S�CRETARY �� Fr��q,, '�'X �� -3- Exhibit A to Partial Waiver Airport Expansion Tract [see following pages] sill�i'u, � uun+.�...nv.mev�. ►O�TE� sn�Es z � � � 0 � r � _ � e N N r MO�EqIY � xTs � �� @� �$� v 4��,�• &,L��•L- C`b+p@� �' CITY OF WRT YeORTH 6L �9 AC TRAGT pOC.► 65-73348 0 0.0.C,T. TX00T CONG. TrUDT CONG GrtYOFiORTKOPTH 56 idi AG TRNGi 90C f 03iT016J D,N.0.C,T• �. �. hiLUNE57MENT.LP. � 7Mb18ACFE7RACT ppr� qg-0177M1 D.R�GT ♦ � ,�,' ��'q+� a�� 0. � �' a.�r ----- ----N_--___� .-- a iee 2ae �oi cr.u+��C 6NtC IN fC[t 71"X1T Scale 1'=200' szxaa� s�� 1•= aoo� POB . _ ..... ....� . �' IRF, ... . . .. .. . . . 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CONSULTANTS, L.L.C, SOOJ71om�,sanTerracc OIII�Yvii�9i �5-99D9 fnx: (tl17)335-4955 �.o..w.s� .�+mr AYT! � P-4 � y-{t. t�, � 2 OF 3 .. nr �oFu u. w � � w.� �.� nw,m .w� tT111f9 E pATFi FFI�Es hLL1ANCENBP(1RT y,ue�ewnr rucr»xi�ffu 7RAR3 O 9EING A PAftCEL OF LAND e7TUATGD 1N GR6ENHERKY QVERTON p gUflVEX. ABSTRACT NUMeER 972. IH D6�SOM CQUHTY, ?SX7�3� � 8E[NG R P��A'CIDN UF A.T. C S.F. RASLROAD FlI�.HT-OF-NAY (1D0 �,� FtTpY WIDE� ANO 68SflG HOFB PAFIl'TCVLARLY DF:,'f.RiBSO BY hltiltSi � AHU g0UND5 AS FOLi.C1'1Et BL921a72riV AT 71 5/B INCH IAON FOVHD fVF SIIE 60UTNtr7EET COANBn OP 7� 294,518 8C[cF� FN�1cr vF 4RNu Aa coNVSYfib DY 02&D t0 7�IL INVESrtlt:Yr� L.P., h YE�XAS LTNIT6o PARTNER9HLp, RECQFIOED Iti DOCQC4Ed7 MIMBLR 58-1]71�1� b6Eb PCCORDS� DEHTOH COU111'Yi 1P.XA5� Rk(1 THR T20NTH47&h7' C�NNER OP A 3.6ti7 aCRE TRACl A5 CONVSYED TO AI/, 3NVBSTNENT� L.P.� h SSXAS LIHI2ED PhRS9�ERSNIP, 8Y UBED RECORDEO IN ODCUMEN2 NVI�BL 98-11'I938� DE6D F£CORUS, OEH1vN GCUNYY, T:JC115rIN TH& EASTERS�Y RSGHS-OF-FtAY LING OF BI�ID A.3.i e.P', R717LROAD I700 F607 9I➢E11 r F 0 z c =� a z � YelWCE SUUTH 23 Di:GIJIES 49 M[Nt7CFS l2 SSCONOS �+�4T, 3313.33 Fe�r %TFH rNF sAaT6RLY LINE OP snio n_x.i 5.e. RqILRCTO RIGFPI'-OP-NAY TG A S%N INCH IROIi N1SH CAP LTANPSD `ANA"6ET FOR SHE SGU1'H COAPEA OF HEREIN OEuCRIBED fRACT; T1�RHC¢ NORY11 6fi IIEQR6E5 17 dIN1IrES OI 56CONU5 N65T� 99.8� FEGS 70 A 5i8 IKCII IRON HZYH CPP SThMPED "ANA"Se7 FVR iHE A6sT WWislt OE' 116REIN DSSGRIBED 1'Ri�CP A�D BEING 7N THE OpFpqt7 LI{iC OF $AlU A,T.b S.E. RPIl�ii07ff) RTGHT-�P-NAY 11ND P.17. 756 HIGHNnY (VARITBLC NIDTN PYGNT-0�-WAY) RS PfwisFErwkO YO Y��E CITY OF FORT NbR1'H iN nOCAMeMi Not198R 2010-Y255A9. DesD (te�COp�9, DEH2t�N LOJNTY, 7EX�E; tRi1tCL NORTN 23 D6G(tEES 92 MINUTES 59 9ECONDS ERST, �263.30 fEE? ifITH ?NE COMtSON LIN6 OP SAID A.'7'.6 S.F, (ul4FiUA0 HSGUT-�DF-➢:AY PKO SAI� F.M. 15G [i2GH41AY TO A 5/S I12C13 TRON WITIi CpP BIAHP6D "Adn^SBT; TNeuCc 60UTN 66 aEGRE&S 2i MINU7ES 37 SiXOKDS PAST, 1i,19 PEfY TO A 5/8 1NC11 INON H3T17 CAP ,4T71HPeD �AN.�"SS7 FVA THE Bcr.1NNIn6 Of A CURVB TD SNE L¢e7'! 711LliC8 35q.39 FEET fVlTlf THCs RNG OF' SAID CURYB N Tflg i.SFT Tei1tWGH ,1 CENTRAL �INGt,E 9F 2B PEGREF.S SO H7NV7'c.3 42 SECONDS ifJTN A RhPTV6 Ok' 703.99 fEl1', A SANGLX7 LEN6TH CP 181-U� i86T �NO A CHORD H9ICH EBRPs 5o0TH OB O6CRE66 59 MIHvtEe 36 SDCONDS wEfii, 350.66 E�ET 7U A 5!B ]1tCN IRD+J WISH CAP BTAHPED "�INA" SET IH 7NE EnST LLHE OF '�hIO A.T.6 b.f, RAILPOAD RIGHT-OF-PIAT 1�Np T11� HESY LINE OF 6AIJ IA9,518 Af:RE ifiAC'[; TNENCS 60IYfFI 23 D6GR6E5 �4 >3INUTES 41 SECONDy HEST� SBD.Bd ➢EET TO TNE POIN1 CF EEI:I[iA1NG AAU CON7'hINING l08.581 SQVARE fCET OR 9.3797 NCRS OF LAHO Y,OR6 OR LG$5. 5yoip�ttacye Ne �y6jeq Dmpgfy�p4�s q(re In T»ne X, rol sin0�d. [ena JW Imi�vJ N w14Ge 6011ysv IbWphin) ecoorQnp b Ne FEi+71 Fbod Heunnoe Ha�o «.v �� n101+coW+tp. T�x�c Pwwl HOACO W 1W. M�Y �t8f?iC0497G.tavisadApii 18.201f .NqTE; �(JHyEY660N 7HE tiF[OtAi� NOVENEE(17014 NMr.BaarMpe �ry tN�tlw k TNe Nortt� obal3ratl f.vm G4f6e1 Poptlanmp S@iltit! Sys1Eh� (GP6) OMeM�ne, Noqt AmMaen Daluat.'IBtl7 (ftPD'd3� Tetei Kwh Gartr�izpna. Noie: In acCafdanOC MM� fl+D T�, Boairl d Pfdestlonal lanl Surveyt�➢ �n¢nlR�b al Promtluee+d W+cM1m. 86Q.191T}.'fie cNed Nf WmerAa �n nal mmaeiy Rx annt&v.fmn oT1M �v6kcl popaq. 6ui ert Ne dooumenb owddnY;g Pn desaip6wc d Ihe �tdwiec s uxveyrd• �wvo��»�� nw PARCEL 2 A PARCEL OF LAI\O SITUATEp IN G. OVERTON S�VEY RBSTRACT N0.972 DEf�fiO[V COl.t�tTY, 7EXA5 LN�Ava� BY� FN DATEt 06-[4-14 IX34. tJ�..120350'P fFpflpYtp $Yr EK f$VISEOi G6'il-IA +�t '�y'- � AN.A, COiJSULTANTS, L.L.C, ,S[i()U nfomP9a11 TCrtf1C¢ . . . . Colleyvilh.Tcxai76p14 071icc: (RIi�3?S-9�! fu.: ZSii�3?$-9455 ROH P. NO. � P-2 � �iT, no. � 3 C� 3 BNSF 9.3797 ACRE TRAC'� SITUAT�A IN GREENBERR'Y O'VERTON SURVEY, A-972 iN DENTON COUNTY ALLIANCE AIRPORT RUNWAY EXTENTION P1tOJECT PARCEir2 GF No;0000000000 !CRAGT-2 RL�A�. PROPERTY DEB�RIPTI(1N BEZNG A PARCEL OF LAND SITOATED IN GREENBERRY OVERTON SURVEY, ABSTft1�CT NUMBER 972, IN DEt3TON COUNTY, TEXT�B, BEING A P022TTOI�i OF A.T. 6 S.F. RAILROAD RIGHT-OF- �7AX (100 FOOT WIDEj AND SEING MORE PARTI�ULARLY D�SCRIBED BY METES ANI} SOUNDS AS FOLLOWS; BEGINNING AT A 5/8 INCH IRflN FOUND FOR TAE SOUTHWEST C4RNER OF A 244.518 ACRE TRACT OF LAND AS CONVEYED BY DEED TO AIL INV�STMENT, L.P., A TEXAS LIMIT�D PARTNEIiSHIP� RECQRDED IN DOCUMENT NUMJ3ER 98-117941, DEED REC0I�DS, DENTON COUNTY, TEXAS, AND THE NURTHWEST CORNER OF A 3.567 ACRE TRACT AS CONVEYED TO ATL ZNVESTMENT, 3,.P., A TEXAS LIMZTED PARTNERSHIF, BX DEED RECdRDED IN DOCUM�NT NUMBER 98-117438, D�ED R�CORDS, DENTON COUNTY, TEXAS,TN THE EASTERLY RI�HT�Ok'- iq7AY I,INE OF SAID A. T. & 5. F, RAIL1tOP,D (100 FOOT WIDE) ; THENCE 50UTH 23 pEGREES 99 MINUTES 12 SECONDS WEST� 3343.33 FEET WITH TH� EASTERLY L�NE OF SAID A.T.& S.F� RAILROAd RXGfiT-OF-WAY TO A 5/8 INCH IRON WITN CAP STAMPED "ANA" SET FOR TH� SOUTH CORNER O�" T�EREIN DESCRIBE� TRACT; THENCE NORTH 66 DEGREES 17 MiNUTES 01 SECONDS WEST, 99.89 FEET TO A 5/8 INCH It20N WITH CAP STAMPED "ANA" SET FOR '1'HE WEST CORIQER OF HEREIN 1]ESCRIBED TRACT AND BEING IN TliE CO[yMON LINE OF SAID A.T.� S.k'. RAII,RQAO RTGiiT�OF-WAY AN� F.M. 156 HZGHWAY (VARIABLE WIDTH RIGHT-OF-WAY) 11S TRfiNSFERRED TO TiiE CITY OF FORT WORTH IN DOCi3MENT NUMBER 2010-125544, b��D RECORAS, DENTON COUNTY, TEXAS; 7.`F�NCE NORTH 23 DEGREES 92 MINU`t�S 59 SEC�NDS EAST, 9263.30 FEET WITH x'HE COMMON LINE OI' SAZP A.T.&'S.F. RAILROAD RIG�iT-OF-WAY RS1D SAIA F.M. 156 HIGHWAY TO A 5I8 INCH IRON WTTH CAP STtIMPED "ANA" SET� THENCE SOUTH 66 L�EGREES 27 MINUTES 37 SECONDS EAST, 12.19 FEET TO A 5/8 INCH IRON WTTH CAP STAMPFD "ANA" SET FOR THE BEGINIdING OF A CURVE TO T8E L�FT; THENC� 354.39 FF�T WZTH THE ARC OF SA,D CURV� TO THE LEFT THROUGH R CENTRAL AtdGLE OF 28 DEG2ZEES 50 M7NUTES 92 SECONDS WITfi A RADIUS OF 703.99 FEET,. A TANGENT I�EIdGTH OF 181.04 FEET AND A CHORD WxICH BEARS SOUTH OS DE�REES 59 MINUTES 36 SECONDS WEST, 35Q.fi6 FEET.TQ_A__5/8.iNCH IRON__WITH CAP STAMPED "AN1i" SET IN THE EAST LTNE Ok' SAID A-T.& S.F. RAII,ROAD RTGHT-OF-WAY AND TH� WEST LINE �E SAID 244.51$ 110Et� TRACT; THENC� SOUTH 23 D�GREES 44 MINUTES 41 S�CONDS WEST, 580.66 F`EE�' TO THE POitdT OI' BEGI�INING AND CON�'ATP]ING �0$� 581. SQUARE F�ET OFt 9.3797 AC1tE OF LAND MORE OR IfESS . A.N.A. Consultants, L.L.C. SOOD Thompson Tcrrsce Colleyville, TX 76034 Fage 1 of 2 REVTSI�N: 0$-I 1-l� BNSF 9.3797 ACRE TRACT SITUATED IN GREENBERRY aVERTON SURVEY, A-972 IN D�NTON CAUN'I'Y ALLTANC� AIRPORT RUNWAY E�TENTION PROJECT PARCEL-2 GF No:0000000000 Note: SurvEyed on the ground October 2013. Note; Bearings are relative to True North obtained from Global Positioning Satellit� System {GPS} Observations, North American Datum 1983 (NAD '83), Texas State Plane Coordina�e System, Nor�h Central Zone. N4te: In accordance with the �'exas Boatd of Professional I,and Surveying General Rules of Procedures and Practices, 663.19(9), this "Repor�E" consists af the Real Property Description included herein and rhe Map of Survey attached herewith. Note: In aacordanca with the Texas Baard pf Professional Land SUrveying Genera3 Rules of Procedures and Praatices, 663.19(7), "The cited instr�nents are not necessarily the current owners of the subject pxoperty, but are the documents containing �he descxiptians af the boundaries as surveyed. _.!:.._ A.N.A, Consuitants, L.L.C. 5000 Thompson Terrace ColleyvitlE, TX 76Q34 � p F • "'�.,� ,.......,., t:r. ,`;i�' \ s T �� °•: • �-� p��;G � /�+,.-, � o �.�1...H..�y�r.��aas��a� EDWkft� i<- KHALIL �...e,...-...�...:.�.. :.� 5951 ..y � � i� t��.o,�.. ,y�%: ;l� s S; 4'tOe� '� � S U R�t�-�- Page 2 of 2 T2EVISIOI+I: 08-11-14 WHEN RECORDED MAIL TO: The City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 RECORDED AT THE REQUEST OF: The City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 1�'�t; CL•?i�f;< <�i(` i,a�-';i:;i€�ii Ii'i;i?i �f ;ic(1i � i ri js'i1' n: ij C':;f:'f.^i f';'nf U� t�� c��i;;i��i, a�y��,�.:; s,,.,_ _._.. ;�;z��perly U;4�CL'#£��. � x: w�v L. �S.�J�11 � �6�Jifl� C;': NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. DEED WITHOUT WARRANTY STATE OF TEXAS COUNTY OF DENTON § § ss § KNOW ALL MEN BY THESE PRESENTS: That the BNSF RAILWAY COMPANY, a Delaware corporation, (formerly known as The Burlington Northern and Santa Fe Railway Company and successor by merger to The Atchison, Topeka and Santa Fe Railway Company, which acquired title as Gulf, Colorado and Santa Fe Railway Company) of 2500 Lou Menk Drive, Fort Worth, Texas 76131-2830 ("Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents does GRANT, BARGAIN, SELL, and CONVEY, unto. THE CITY OF FORT WORTH, TEXAS, a state municipality, whose address for purposes of this instrument is 1000 Throckmorton Street, Fort Worth, Texas 76102 ("Grantee"), the following described tract of land situated in Denton County, Texas, together with all improvements thereon and all rights and appurtenances appertaining thereto, and all of Grantor's rights and interest, if any, in and to all easements and alleys, highways, or streets in, on or across or adjoining the land, and fixtures thereon, (collectively, the "Property"): That certain tract of land consisting of a total of approximately 9.3797 acres situated in Denton County, Texas, as more particularly described on Exhibit "A", Pages 1-2 of 2 attached hereto and incorporated herein for all purposes. This Deed is executed by Grantor and accepted by Grantee subject to validly existing and enforceable rights, interests, and estates, if any do in fact exist, but only to the extent that the same do in fact exist, of third parties in connection with those items set out and listed on Exhibit "B" hereto (herein called the "Permitted Exceptions"). TO HAVE AND TO HOLD the Property, subject to the Permitted Exceptions herein, together with all and singular the rights, improvements and appurtenances thereto in anywise belonging unto Grantee, its successors and assigns forever, without express or implied warranty. ALL WARRANTIES THAT MIGHT ARISE BY COMMON LAW AS WELL AS THE WARRANTIES IN SECTION 5 023 OF THE TEXAS PROPERTY CODE (OR ITS SUCCESSOR) ARE EXCLUDED. This conveyance is made, however, with full substitution and subrogation of Grantee, and its successors and assigns, in, to and under all covenants and warranties by others heretofore given or made in respect of (including, without limitation, the title to) the Property, any part thereof, or any interest therein. GRANTEE IS ACCEPTING THE PROPERTY ON AN "AS-IS WITH ALL FAULTS" BASIS WITH ANY AND ALL PATENT AND LATENT DEFECTS, INCLUDING THOSE RELATING TO THE ENVIRONMENTAL CONDITION OF THE PROPERTY, AND IS NOT RELYING_ON ANY REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER FROM GRANTOR AS TO ANY MATTERS CONCERNING THE PROPERTY, including, but not limited to, the physical condition of the Property; zoning status; tax consequences of this conveyance; utilities; operating history or projections or valuation; compliance by the Property with Environmental Laws (meaning any federal, state or local statute, regulation, code, rule, ordinance, order, judgment, decree, injunction or common law pertaining in any way to the protection of human health or the environment, including without limitation, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, the Toxic Substances Control Act, and any similar or comparable state or local law) or other laws, statutes, ordinances, decrees, regulations and other requirements applicable to the Property; the presence of any Hazardous Substances (meaning any hazardous, toxic, radioactive or infectious substance, material or waste as defined, listed or regulated under any Environmental Law, and includes without limitation petroleum oil and any of its fractions), wetlands, asbestos, lead, lead-based paint or other lead containing structures, urea formaldehyde, or other environmentally sensitive building materials in, on, under, or in proximity to the Property; the condition or existence of any above ground or underground structures or improvements, including tanks and transformers in, on or under the Property; the condition of title to the Property, and the existence of any leases, easements, permits, orders, licenses, or other agreements affecting the Property. IN W TNESS HEREOF, the undersigned has executed this Deed to be effective as of the ��±�day o , 2015 ("Effective Date"). GRANTOR: .��`'�� ` �'QY y��``�f� ;` �- QR�'��q�.�?�� : ;�,.0 . . �: j �� ,;P"� Cp:. �� •�taw��'�` : �,, -,, ,� BNSF 1050Q Fort Worth, TX ;. BNSF RAILWAY COMPANY, a Delaware corporation�l By:.T - � Mark D. Ude Its: Assistant Vice President — Corporate Real Estate Development ATTEST: By: Its: 2 Tammy K.�I lerndon Assistant Secretary ;��=�'V��l� �� >!TY �ECRETA�Y �'� ��3 �.�a GRANTEE: TFlE ClTY �F FOR�' 11',(OR�'6�i, TE�A�, a state rnunicipality By: a f � _'� sy: Its: STATE OF TEXAS COUN�'Y OF TARRANT § § ss § C?VED AS TO FO fill AND SUBSTANCE: �/ � � � r �/ ' � , '�T� . ', � �� >-C-��tzv►�,� Assistant City Attorney The foregoing instrument was acknowledged before me this�� day of �� 2015, by H-i�g+r�s as City Manager, of THE ClTY OF FORT WORTH, TEXAS, a state municipali y. J�S��s �j-, �,t,�,.,�,�,�;,��Y � ��r�� C�U� ,.�..�I�.�. � G� . �j Notary Public in and for the State of Texas My commission expires: o�-� � � � LiN�A M. HiRt�LIN��F� MY COMMIS510N �XPIRFS Fe�rusry 1, 201� �NSF � o�oa Fo�t wortn, Tx 3 -�=�iC�AL RECORD �� -�'PY SECRETARY � d`L WART�1, TX � � ;j-cs�~s �� ltia�� Its: 'I �� -City Manager STATE OF TEXAS COUNTY OF TARRANT § § ss § � - -�ct. The foregoing instrument was acknowledged before me this �� day of `�t'��,�7j�-;! , 2015, by Mark D. Ude as Assistant Vice President — Corporate Real Estate Development and Tammy K. Herndon as Assistant Secretary, respectively, of BNSF RAILWAY COMPANY, a Delaware corporation, on behalf of said corporation. o �aY PGa! DEANA R{CE = n Notary Pu61ic * � pq STATE OF TEXAS ,: ° . 9rF pF S�} ARy Gomm. Exp..July25,��ii I L�=- Notary Public ih- and for the State of Texas ,�:. M,�; cflm;rnission expires. �_,�;<-�. �� ; ��vi 7 . ._.�.r _ ._. . -- --.: .. . .__ _ -----` - - . J / ____ This lnstrument Prepared by: BNSF Railway Company LAW Department 250Q Lou Menk Drive, AOB 3 Fort Worth, Texas 76131-2830 FORM APPROVED BY LAW APPROVED L�,1L DESCRIPTION I��T APPROVED ►) 1 . . . FORM l��Jl APPROVED �J BNSF 10500 Fort Worth, TX 4 �+��9'��Y�r� RECORp �- ''ITY S�CR�TARY �`� W�RTW, 7'X Exhibit "A" to QEED Pra�er�v Rescription [A.N,A. �onsultants, L.L.C. FIEL.Q NQTES, REV[S�QN: Q$-1 �-14, 9.3797 Acre Tract Situated in Greenberry Qv�rtan Sur�rey, A-972 in Denton Count}�; Texas, Pages 1-2 of 2 follatirs behind this pa�� BNSF 93797 ACRE TRACT SITUATED IN GREENBERRY OVERTON SURVEY, A-972 IN DENTON COUNTY TRACT-2 REAL PROPERTY DESCRIPTION ALLIANCE AIRPORT RUNWAY EXTENTION PROJECT PARCELr2 GF No:0000000000 -�EIIQG-A �F;�CE��-OF- L�-t3D -.�I-�[��1��D II��REi?idB�E;it�-2�E��I�I2�'4N-S-8i�V��'� -��I2�,��N�N38�t — - -- _ 972, IN DENTON COUNTY, TEXAS, BEING A PORTION OF A.T. & S.F. RAILROAD RIGHT-OF- WAY (100 FOOT WIDE) AND BEING MORE PARTICULARLY DESCRIBED BY METES ANL1 BOUNDS AS FOLLOWS: BEGINNING AT A 5/8 INCH IRON FOUND FOR THE SOUTHWEST CORNER OF A 244.518 ACRE TRACT OF LAND AS CONVEYED BY DEED TO AIL INVESTMENT, L.P., A TEXAS LIMITED PARTNERSHIP, RECORDED IN DOCUMENT NUMBER 98-117491, DEED RECORDS, DENTON COUNTY, TEXAS, AND THE NORTHWEST CORNER OF A 3.667 ACRE TRACT AS CONVEYED TO AIL INVESTMENT, L.P., A TEXAS LIMITED PARTNERSHIP, BY DEED RECORDED IN DOCUMENT NUMBER 98-117438, DEED RECORDS, DENTON COUNTY, TEXAS,IN THE EASTERLY RI6HT-OF- WAY LINE OF SAID A.T.& S.F. RAILROAD (100 FOOT WIDE); THENCE SOUTH 23 DEGREES 44 MINUTES 12 SECONDS WEST, 3343.33 FEET WITH THE EASTERLY LINE OF SAID A.T.& S.F. RAILROAD RIGHT-OF-WAY TO A 5/8 INCH IRON WITH CAP STAMPED "ANA" SET FOR THE SOUTH CORNER OF HEREIN DESCRIBED TRACT; THENCE NORTH 66 DEGREES 17 MINUTES O1 SECONDS WEST, 99.84 FEET TO A 5/8 INCH IRON WIT:3 CAP STAMPED "ANA" 5ET FOR THE WEST CORNER OF HEREIN DESCRIBED TRACT AND BEING IN TfiE COMMON LINE OF SAID A.T.& S.F. RAILROAD RIGHT-OF-WAY AND F.M. 156 HIGHWAY (VARIABLE WIDTH RI6AT-OF-WAY) AS TRANSFERRED TO THE CITY OF FORT WORTH IN DOCUMENT NUMBER 2010-125549, DEED RECORDS, DENTON COUNTY, TEXAS; THENCE NORTH 23 DEGREES 42 MINUTES 59 SECONDS EAST, 9263.30 FEET WITH THE COMMON LINE OF SAID A.T.& S.F. RAILROAD RIGHT-OF-WAY AND SAID F.M. 156 HIGHWAY TO A 5/8 INCH IRON WITH CAP STAMPED "ANA" SET; THENCE SOUTH 66 DEGREES 27 MINUTES 37 SECONDS EAST, 12.19 FEET TO A 5/8 INCH IRON WITH CAP STAMPED "ANA" SET FOR THE BEGINNING OF A CURVE TO THE LEFT; THENCE 354.39 FEET WITH THE ARC OF SAID CURVE TO THE LEFT THROUGA A CENTRAL ANGLE OF 28 DEGREES 50 MINUTES 42 SECONDS WITH A RADIUS OF 703.94 FEET, A TANGENT LENGTH OF 181.04 FEET AND A CHORD WHICH BEARS SOUTH 08 DEGREES 59 MINUTES 36 SECONDS WEST, 350.66�FEET TO A 5/8 INCH IRON WITH CAP STAMPED "ANA" SET IN THE EAST LINE OF SAID A.T.& S.F. RAILROAD RIGHT-OF-WAY AND THE WEST LINE OF SAID 294.518 ACRE TRACT; THENCE SOUTH 23 DEGREES BEGINNING AND CONTAINING LESS. A.N.A. Consultants, L.L.C. 5000 Thompson Terrace Colleyville, TX 76034 44 MINUTES 91 SECONDS WEST, 580.86 FEET TO THE POINT OF 408,581 SQUARE FEET OR 9.3797 ACRE OF LAND MORE OR Page 1 of 2 REVISION: 08-I 1-14 BNSF 9.3797 ACRE TRACT SITUAT'ED IN GREENBERRY OVERTON SURVEY, A-972 IN DENTON COUNTY ALLIANCE AIRPORT RUNWAY EXTENTION PROJECT PARCEL-2 GF No:0000000000 Note: Surveyed on the ground October 2013. Note: Bearings are relative to True North obtained from Global Positioning - _ -- -- -�a�ei-i-3�-e�-yst-ern-{�PS-�--Obse-r��i-ons,---Nort-t�-I#meri-e�-r�--B�t-uin-i-9-83- -(-i�3:�D--�-83�-,-�exas- State Plane Coordinate System, North Central Zone. Note: In accordance with the Texas Board of Professional Land Surveying General Rules of Procedures and Practices, 663.19(9), this "Report" consists of the Real Property Description included herein and the Map of Survey attached herewith. Note: In accordance with the Texas Rules of Procedures and Practices, necessarily the current owners of containing the descriptions of the A.N.A. Consultants, L.L.C. 5000 Thompson Terrace Colleyville, TX 76034 Board of Professional Land Surveying General 663.19{7), "The cited instruments are not the subject property, but are the documents boundaries as surveyed; Page 2 of 2 REVISION; 08-I 1-14 Exhibit "B" TO DEED Permitted Exceptions a) Standby fees, taxes and assessments by any taxing authority for the year 2015, and subsequent years; and subsequent taxes and assessments by and taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessment for prior years because of an exemption granted to a previous owner of the Property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year. b) Easement, Right of Way and/or Agreement by and between BNSF Railway Company and Catellus Fiber Optics, LLC, by instrument dated 12/30/98, filed 9/26/2005, recorded in/under Clerk's File No. 2005-119418, Real Property Records, Denton County, Texas. c) Rights of the public, the State of Texas and the municipality in and to that portion of subject Property, if any, lying within the boundaries of any roadway, public or private, including but not limited to that portion lying within the boundaries of Eagle Parkway. d) Visible and apparent roadways and/or easements as shown on survey dated 5/14/2014, last revised 8/11/2014, prepared by Edward K. Khalil, Registered Professional Land Surveyor No. 5951, of A.N.A. Consultants, L.L.C., Project No. 120350. e) All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges, and immunities relating thereto, appearing in the Public Records whether listed or not. fi� All validly existing rights, interests and estates of third parties in or to or to access or use the Property, including, without limitation, rights of easement grantees, tenants or licensees, and their assigns, as tenants, easement grantees or permittees only, under currently effective agreements or grants. CERTIFICATE OF AUTHORITY I, Mark D. Ude, hereby certify that I am the duly appointed Assistant Vice President Corporate Real Estate Development of BNSF RAILWAY COMPANY, a corporation duly organized and existing under the laws of the State of Delaware (the "Company"), and that the corporate seal affixed to said instruments is the seal of said corporation. I further certify that Rhonda Burton, Senior National Escrow Manager of JLL (the "Acting Agent"), is authorized to sign and execute on behalf of the Company closing statements, escrow account agreements, miscellaneous title company documents and other documents relating to the closing of sales, other than deeds, leases, easements, indemnification letters and purchase and sale agreements concerning that certain strip or parcel of land located in Haslet, Denton County, Texas, more particularly described in EXHIBIT "A" attached hereto and made a part hereof, to The City of Fort Worth, Texas (herein "Buyer") for the agreed upon sale price based on the terms and conditions of those certain BNSF Relocation Agreement between the Company and Buyer, with an effective date of May 17, 2010, together with any amendments, supplements or assignments attached thereto, if any. I hereby attest to the validity of the signature of Acting Agent, that said signature affixed to such instrument is genuine. IN WITNESS WHEREOF, I have hereunto set my signature as Senior Nation�l Escrow �anager and have caused the corporate seal of this Corporation to be affixed, this ��'�-- day of ��, 2015. t BNSF RAILWAY COMPANY Vq }� 4'� ' ��'`� �"'� ' : � �`�� 4 � 1 :� i �f � � , � • i : r� . ,�` JLL By:_: l�h nda Burton Its: Se�iior National Escrow Manager By: Its: ATTEST: C ; `Fammy K. Its: Assistant � �OF�'l�1�.1. R�CORD ; GIiY ��,�RI�TARV � ��'. !lY�t��'�#, TX Mark D. Ude Assistant Vice President Corporate Real Estate Development �XI3��I'T `�A}� PrapertyDescription [AN.A. Gansultants, I�.L.G. �IELI� NQTES�, RE�ITS�QN: QS-11-14, 9.3797 Acre Tract Situated in �reenY�erry Qv�rtan �urve�, A-�7� in Dentan Gounty, Te�as, Fa�es I-2 of 2�ailows behiz�d this page� BNSF 9.3797 ACRE TRACT SiTUATED IN GREENBERRY OVERTON SURVEY, A-972 IN DENTON COUNTY ALLIANCB A1RP�RT RUNWAY EXTENTION PROJECT PARCEL-2 GF No:0000000000 TRACT�2 REAL PROPERTY DESCRIPTION BEING A PARCEL 0�' LAND SZTUATED IN GREENBERRX OVER'PON SURVEY, ABSTRACT I3UMB�R 972, TN DENTON COUNTY, TEXAS, BEING A PORTION OF A.T. & S.F. RAZLROAD RIGHT-Ok'- WAX (100 FOOT WIDE} AND BEING M012E PARTICULARLY DESCRIBED BY METES ANIl BOUNDS AS FOLLOWS: BEGINNTNG AT A 5/8 ZNCH IRON FOfJND F�R TkIE SOUTHWEST CORI�7ER OF F.� 244.518 ACRE TRACT dF LAND A5 CONVEYED BY DEED TO AIL INVESTMENT, L.P., A TEXAS LIMITED PARTNEftSAIP, RECORDED TN QOCUME�7T NUMBER 9$-117941, DLED RECQFiDS, DENTON COUNTY, TEXAS, AND THE t�10R�HC^TEST CORNER OF A 3.667 ACR� TRACT AS CONVEYED TO AIL INVESTM�NT, L.P., A'�EXAS LIMITED PAft`FHERSHIP, BY D��D RECORDED rN DOCUNSENT NU�'fBER 96-117438, DEED RECORDS, DENTON COUNTY, TEXAS,IN THE EASTERLY RIGHT-OE- WAY LINE 0�' SATD A.T.& S.F. RAILROAD (100 FOOT WIDE); THENCE SOUTH 23 DEGF2EES 94 MINUTES 12 SECONDS WEST� 3393.33 FEET NTITH THE EASTERLY LINE OF SAID A.T.& S.F. RAILROAD RIGHT-O�-WAY TO A 5/8 Z1VCH IRON FtITH CAP STAMPED "AN�1" 5ET FOR THE SOUTH COI2NER �F HEREIN DESCRIBED TRACT; THENCE NORTH 66 DEGREES 17 MINUTES O1 S�CONDS WEST, 99.89 FEET TO A 5/8 INCH ITtqN WI�'R CAP STAMPED "ANA" SET FOR THE WEST CORNER OF HEREIN D�SCRTBED TRACT ANp B�ING IN TBE COMNION LINE OF SAID A.T.& S.F. RAILROAD RrGHT-OF-WAY �:ND F.M, 156 HXGHWAY (VARIABLE WTDTH RIGHT-OF-WAY) AS TRANSFERRED �'0 THE CITY OF FORT WORTH IN DOCUMENT NUMBER 2010-125549� pE�D RECORDS, DENTON COUNTY, TEXAS; TI�IE27CE NORTH 23 DEGREES 42 MI�IUTES 59 SECONDS EAST, 9263.30 FEET WZTH THE COMMON I,IE�E �F SAID A.T.& S.F. RAILROAD RIGHT-OF-WAY AND SAID F.M. 156 HIGHWAY TO A 5I6 INCH IRON WITH CAP STAMPED "AiVA" SET; THEDICE SOUTH 66 DEGREES 27 �IINUTES 37 SEGONDS EAST, 12.19 FEET TO A 5/8 INCH IRON WITH CI�P STAMPEQ "ANA" SET FOR THE BEGINNING OF A CURVE TO TAE LEFT; THENCE 354_39 FEET WITH THE ARG OF SAYD CURVE TO THE LEFT THROUGH A CENTRAL ANGLE O� 28 DEGREES 50 MINUTES 42 SECONDS WITH A RADIUS Oi 703.94 FEET, A TANGENT LEi�1GTH OE' 181.04 FEET AND A CHORD WHICH $EARS SOUTH Q8 DEGR.�ES 59 NIINt7TES 36 SECpNDS WEST, 350, 56 FEET TO A 5/8 II�CH IROI3 WI`PH CAP STAMPED "ANA" SET ZN THE �AST LINE OF SAZD A.T,& S.F. RAILROAD RI6HT-OE'-WAY AND THE WEST LINE OF SAID 299.518 ACR� TRACT; THENCE SOUTH 23 DEGREES �i4 MINUTES 41 SECONDS WEST, 580.86 E"�ET TO THE PnINT OF B�GINNING AND CON2'p,TNING A08,581 SQUARF FEE�' OR 9.3797 ACI2E OF LAND MOR� OR LESS. A.N.A. Consultan�s, L.I..C. 5000 Thompson Terrace ColleyviUe, 'I'X 76034 Page ] of 2 REVISION: 08-1 I -14 '" �� "n'-m � ��w-�.garva��o 4 `,..-;,• \ S 'f F.�t' .4 .t �p�;,.� � -i.�A��,� iJ t" jN9� �T�/1'Yl��ii�H�.fOi1!�: �.OV�ARO K., KHALIL �1�j>AWt�+aei�a+aar�ti��. � ..� 59.5'i _.•,,:. u BNSF 9.3797 ACRE TRACT SITUATED IN GRE�I�IBERRY OVERTON SURVEY, A-972 IN DENTON COUNTY ALLIANCE AIRPOR�' RUNWAY EX'I'ENTION PROJECT PARCEL-2 GF No:00D0a00000 Note: Surveyed an the ground October 2013. Note: Bearinqs are relative to True North obtained from Global Posi�ioning Sate�.iite Sys�em (GPS} Obsexvations, North American Datum 1983 (NAD '83), Teras State Plane Coordinate System, Nortih Central Zone. Note: In accordance with the Texas Board of Professional Land Surveying General Rules of Procedux'es and Practices, 563.19(9), this "Report" consists of the Real property Description included herein and the Map of Survey attached herewith. Note: In accordance with the Texas Board of Professional I,and Surveying General Rules of Procedures and Practices, 663.19(7j, "The cited ins�ruments are not necessarily the carrent awners of the subject property, but are the documents containing the descriptions of the boundaries as surveyed. A.N.A. Consultan#s, L,L.C. 5000 Thompson Terrace Colleyville, TX 76034 Page 2 of 2 REVISION: 08-11-14 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/4/2010 DATE: Tuesday, May 04, 2010 REFERENCE NO.: C-24205 LOG NAME: SSAFW RELOCATION AGREEMENT SUB.TECT: Authorize the Execution of an Agreement with Burlington Northern Santa Fe Railway in an Amount Up to $95,000,000.00 for the Design and Construction of the Relocated Railroad Mainline and Connector Track and Conveyance of Right—of—Way to the City for the Alliance Fort Worth Airport Runway Extension Project (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an Agreement with Burlington Northern Santa Fe Railway in an amount up to $95,000,000.00 for the design and construction of the relocated railroad mainline and connector track and conveyance of right of way to the City for the Alliance Airport Runway Extension Project. DISCUSSION: On September 18, 1992, (M&C C-13529) the City Council approved an Agreement with Burlington Northern Santa Fe Railroad (BNSF) for right of way acquisition, design and constt-uction of a relocated mainline and connector track and conveyance of right of way to the City to allow for the Fort Worth Alliance Airport Runway Extension. Due to the unavailability of funds at that time the project was not completed. Commencing in 2001, the Federal Aviation Administration (FAA) has issued a ser•ies of annual grants for the Runway Extension Project. In addition, funding from other sources including Tarrant County Bond Funds, a United States Department of Transportation (USDOT) earmark and State Highway 121 Toll Road Funds as approved by the Regional Transportation Commission have allowed this project to move forward. Sufficient funds are now available to move forward with the railroad relocation portion of the project. The Agreement between BNSF and the City requires the City to acquire the necessary right—of—way for the relocated mainline and connector h•ack and for BNSF to design and construct the relocated mainline and connector track. BNSF will be reimbuised for the cost of design and consri•uction. Upon completion of the relocated mainline and connector track BNSF will convey certain portions of the abandoned mainline to the City. The funding sources will be a combination of the Texas Department of Transportation Advanced Funding Agreement ($80,000,000.00) and FAA Discretionary Gi•ants (up to $51,300,000.00). This project is located in COUNCIL DISTRICT 2, Mapsco 7P. FISCAL INFORMATION: The Financial Management Seivices Director certifies that funds are available in the current capital budget, as appropriated, of the Airports Grant Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers GR14 539120 055302388800 GR14 539120 055218265300 GR14 539120 055218265800 GR14 541200 055218339800 $80.000.000.00 $2.000.000.00 �3,000,000.00 $10.000.000.00 CERTIFICATIONS: Submitted for Citv Manager's Office by_ Originating Department Head: Additional Information Contact: Fernando Costa (6122) KentPenney (5403) Ruseena Johnson (5407) ATTACHMENTS SSAFW RELOCATION AGREEMENT Main Track Relocation rev2.pdf 2. Available Funds SSAFW Relocation Agreement.pdf ��> ./ � � ! ROUTING SHEET NameiDept, Date Rec'd Sign Out Leann Guzman Ext. 8973 Sr. Assistant City Attorney Mary Kayser Ext. 6161 City Secretary o As Requested o For Your Information �Signature o Comment o File Please call Priscilla Ramirez at ext. 7644 for pick up. Deed Contract No.