HomeMy WebLinkAboutContract 11613 EIGHTH STREET IMPROVEMENTS CITY SECRETARY
CONTRACT No-LLLL
STATE OF TEXAS S
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT S
THAT, WHEREAS, THE CITY OF FORT WORTH, TEXAS, a Texas home-rule
municipal corporation (the "City"), entered into an agreement (City Secretary Contract
No. 10609) entitled "Developer's Contract and Agreement," dated September 7, 1979,
with HUNT INVESTMENT CORPORATION, a Delaware corporation ("HIC"), as amended
by instrument entitled "First Amendment to Developer's Contract and Agreement" dated
December 27, 1979, between City and HIC, as further amended by instrument entitled
"Second Amendment to Developer's Contract and Agreement," dated as of April 30, 1980,
between the City and HUNT HOTEL/FORT WORTH, LTD., a Texas limited partnership
("Hunt Hotel"), the rights, titles, and interests of HIC under such agreement,as amended,
having been assigned by HIC to, and the obligations of HIC thereunder having been
aSSUrned by, Hunt Hotel, such agreement as amended being herein referred to as the
"Developer's Contract";
WHEREAS, the City, HIC, and Woodbine Development Corporation, a Texas
corporation ("Woodbine"), did enter into another agreement (City Secretary Contract No.
10611) entitled "Master Agreement" (herein so called), dated September 7, 1979, the
rights and interests of HIC and Woodbine, concerning the property hereinafter described,
under Section 3.02 of the Master Agreement, having been assigned to Hunt Hotel;
WHEREAS, under the Developer's Contract, Hunt Hotel is obligated to construct
and develop a hotel project on the real estate (the "Hotel Property") described on Exhibit
A attached hereto and incorporated herein,and Hunt Hotel has constructed and developed
such project on the Hotel Property;
WHEREAS, under the Developer's Contract, the City is obligated to construct and
develop a public plaza and a subsurface garage facility on and under the real estate (the
"City Property") described on Exhibit B attached hereto and incorporated herein, and the
City is now constructing and developing such plaza and garage facility;
WHEREAS, the City, by Ordinance adopted by the City Council of Fort Worth,
Texas, Ordinance No. 8285 , has abandoned the portion of Eighth Street between the
City Property and the Hunt Property, such portion of Eighth Street ("Old Eighth Street")
being more particularly described on Exhibit C attached hereto and incorporated;
WHEREAS, by virtue of the abandonment of Old Eighth Street, the City is the
owner of the one-half (1/2) part of Old Eighth Street adjacent to the City Property and
Hwit Hotel is the owner of the one-half (1/2) part of Old Eighth Street adjacent to the
Hotel Property (save and except the portion of the Tunnel Property underlying the surface
of such portion of Old Eighth Street, as described in instrument dated as of October 2,
1980, among the City, Hunt Hotel, and First National Bank in Dallas, recorded in
Volume 7044, page 558 of the Real Estate Records of Tarrant County,Texas);
WHEREAS, as a part of the City's obligations under the Developer's Contract, the
City is required to construct and complete, and has constructed and completed, a public
thoroughfare and sidewalks between the City Property and the Hotel Property on the
surface of the real estate ("New Eighth Street"), as more particularly described on Exhibit
D attached hereto and incorporated herein, in order to provide public access by pedestrian
and vehicular traffic from Main Street to Commerce Street and vice versa between the
Hotel Property and the City Property;
WHEREAS, Hunt Hotel desires to construct and use, and has constructed, certain
improvements, consisting of an overhead canopy, footings, columns and other improve-
ments, located on the real estate (the "Canopy and Column Property") described on
Exhibit E attached hereto and incorporated herein;
WHEREAS, in consideration for the City's construction and completion of the
public thoroughfare and sidewalks on New Eighth Street mentioned above, and in
consideration of Hunt Hotel's construction and completion of the improvements on the
Hotel Property, the City and Hunt Hotel are obligated to convey the part of New Eighth
Street owned by each of them, save and except the easement of Hunt Hotel in the Canopy
and Column Property hereinafter described, to the City, as trustee for the benefit of the
public, in order to provide public access by pedestrian and vehicular traffic on New Eighth
Street, and the City and Hunt Hotel do desire to dedicate New Eighth Street, save and
except the easement of Hunt Hotel in the Canopy and Column Property hereinafter
described, for use by the public for vehicular and pedestrian access from Main Street to
Commerce Street and vice versa between the Hotel Property and the City Property;
WHEREAS, under the Developer's Contract and Section 3.02 of the Master
Agreement, the City is obligated to convey an easement in the portion of the Canopy and
Column Property owned by it to Hunt Hotel for its use, construction, installation,
maintenance, repair, alteration, and enjoyment of the improvements hereinafter
described;
WHEREAS, FIRST NATIONAL BANK IN DALLAS, a national banking association
("First in Dallas"), holds liens in the Hotel Property, and in the portion of New Eighth
Street owned by Hunt Hotel, to secure certain obligations of Hunt Hotel, as more
particularly described in the following instruments (the "Real Property Loan Instru-
ments"): W First Lien Deed of Trust Assignment of Rents and Security Agreement dated
as of September 7, 1979, from Hunt Hotel to John Ellis,Trustee, recorded in Volume 6804,
page 1283 of the Real Estate Records of Tarrant County, Texas; 60 Second Lien Deed of
Trust Assignment of Rents and Security Agreement dated as of September 7, 1979, from
Hunt Hotel to John Ellis, Trustee, recorded in Volume 6804, page 1327 of the Real Estate
Records of Tarrant County, Texas; (iii) First Lien Assignment of Rents and Leases dated
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as of September 7, 1979, from Hunt Hotel to First in Dallas, recorded in Volume 6804,
page 131.3 of the Real Estate Records of Tarrant County, Texas; (iv) Second Lien
Assignment of Rents and Leases dated as of September 7, 1979, from Hunt Hotel to First
in Dallas, recorded in Volume 6804, page 1356 of the Real Estate Records of Tarrant
County, Texas; (v) First Modification and Amendment Agreement dated as of
December 31, 1979, among Hunt Hotel, HIC,and First in Dallas, recorded in Volume 6874,
page 2076 of the Real Estate Records of Tarrant County, Texas, modifying and amending
the instruments described in (i) through (iv) preceding; NO Third Lien Deed of Trust
Assignment of Rents and Security Agreement dated as of December 31, 1979, from Hunt
Hotel and HIC to John Ellis, Trustee, recorded in Volume 6874, page 2109 of the Real
Estate Records of Tarrant County, Texas; and (vii) Second Modification and Amendment
Agreement dated as of October 2, 1980, recorded in Volume 7044, page 551 of the Real
Estate Records of Tarrant County, Texas, between First in Dallas and Hunt Hotel; and
WHEREAS, the City and Hunt Hotel desire to more fully describe their ownership,
rights, and interests in New Eighth Street and the Canopy and Column Property, and First
in Dallas desires to partially release its liens under the Real Property Loan Instruments in
the past of New Eighth Street owned by Hunt Hotel, retaining and reserving liens under
the Real Property Loan Instruments in the easement (hereinafter described) of Hunt Hotel
in the Canopy and Column Property.
NOW, THEREFORE, for and in consideration of the foregoing, and for other good
and valuable consideration, the receipt and adequacy of which are hereby acknowledged,
Hunt Hotel, the City, and First in Dallas hereby covenant and agree as follows:
I. The City and Hunt Hotel have transferred, conveyed, and sold New Eighth
Street, as more particularly described on Exhibit D attached hereto and incorporated
herein, and do hereby transfer, convey, and sell New Eighth Street to the City, as trustee
for the benefit of the public, in order to provide public access by pedestrian and vehicular
traffic on and through New Eighth Street, and do hereby also dedicate New Eighth Street
for use by the public by pedestrian and vehicular traffic, save and except and subject to
the easement herein reserved by and conveyed to Hunt Hotel in and to the Canopy and
Column Property and the other reservations, matters, and exceptions contained herein and
in Exhibit D.
2. The City has transferred, granted, bargained, sold, and conveyed, and does
hereby transfer, grant, bargain, sell, and convey to Hunt Hotel, its successors and assigns,
an exclusive right-of-way and easement on, in, to, above, and through the part of the
Canopy and Column Property owned by the City for the purposes of using, constructing,
installing, maintaining, repairing, altering, and enjoying the overhead canopy, footings,
columns, and other improvements now or hereafter placed thereon by Hunt Hotel., its
successors and assigns, as an easement appurtenant to the Hotel Property, the Canopy and
Column Property being more particularly described on Exhibit E, together and coextensive
with the right of Hunt Hotel, its successors and assigns, of ingress and egress over New
Eighth Street, the Canopy and Column Property and the City Property to effect the
purposes of said right-of-way and easement.
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3. Notwithstanding the conveyance and dedication herein by Hunt Hotel of the
part of New Eighth Street owned by it for public pedestrian and vehicular access, Hunt
Hotel, however, reserves unto itself, its successors and assigns, an exclusive right-of-way
and easement on, in, to, above, and through the part of Canopy and Column Property
owned by it for the purposes of using, constructing, installing, maintaining, repairing,
altering, and enjoying the overhead canopy, footings, columns, and other improvements
now or hereafter placed thereon by Hunt Hotel, its successors and assigns, as an easement
appurtenant to the Hotel Property, the Canopy and Column Property being more
partictaarly described on Exhibit E, together and coextensive with the reservation of the
right of Hunt Hotel, its successors and assigns, of ingress and egress over New Eighth
Street, the Canopy and Column Property to effect the purposes of said right-of-way and
easement. However, such ingress and egress over New Eighth Street and the Canopy and
Column Property shall not unreasonably interfere with the public's access to any portion
of New Eighth Street for pedestrian and vehicular traffic.
4. Hunt Hotel shall, at its sole cost and expense, keep or cause to be kept the
improvements on the Canopy and Column Property in a neat, clean, and good condition
and make or cause to be made all necessary repairs thereof. Further, Hunt Hotel agrees
to comply fully with all applicable federal, state, and municipal laws, statutes,
ordinances, codes, or regulations in connection with the construction, operation and
maintenance of said improvements.
5. First in Dallas has released and discharged, and does hereby release and
discharge, the portion of New Eighth Street Owned by Hunt Hotel described in Exhibit D
frorn the liens created, described, and evidenced by the Real Property Loan Instruments,
or otherwise.
6. Hunt Hotel shall cause to be maintained with respect to the construction,
use, and maintenance of the improvements on the Canopy and Column Property such
public liability insurance as the City deems reasonable and prudent, insuring the City and
Hunt Hotel as co-insureds. Such liability insurance may be a part of Hunt Hotel's blanket
policy for Hunt Hotel and its affiliates; provided, however, limits of such insurance shall
be in at least the amounts of $250,000 for personal injury or damage, $100,000 for
property damage,and $1,000,000 for each occurrence.
7. To the extent not covered by insurance to be maintained hereunder, Hunt
Hotel shall save the City harmless and indemnify the City from all liability arising out of
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Hunt Hotel's construction, use, and maintenance of the improvements on the Canopy and
Column Property.
EXECUTED as of the day of March, 1981.
HUNT HOTEL/FORT WORTH, LTD.
By: Hunt Investment Corporation,general partner
By:
Jo,hfi Field Scovell, Vice President
FIRST NATIONAL BANK IN DALLAS
Bv:
Fier E nlow, Vice President
THE CITY OF FORT WORTH, TEXAS
By:
Robert L. Herchert, City Manager
ATTEST--
City Secretary
APPR O 1) AS TO FORM AND LEGALITY:
City Attorney
'Lv'paolirm By cl'�y ("amica
Y
Lty
Da'e
THE STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME, the undersigned a Notary Public in and for said County and State on
this day personally appeared JOHN FIELD SCOVELL, Vice President of HUNT
INVESTMENT CORPORATION, a Delaware corporation and general partner of HUNT
HOTEL/FORT WORTH, LTD., a Texas limited partnership, known to me to be the person
and officer whose name is subscribed to the foregoing instrument, and acknowledged to
me that the same was the act of the said HUNT INVESTMENT CORPORATION, as
general partner of BUNT HOTEL/FORT WORTH, LTD., and that he executed the same as
the act of such partnership for the purposes and consideration therein expressed, and in
the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this—the day of
1981.
N6tary Public in and for
Dallas County,Texas
My(7orn mission Expires:
THE STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME, the undersigned, a Notary Public in and for said County and State on
this day personally appeared ROGER ENLOW, Vice President of FIRST NATIONAL BANK
IN DALLAS, a national banking association, known to me to be the person and officer
whose name is subscribed to the foregoing instrument, and acknowledged to me that the
same was the act of the said FIRST NATIONAL BANK IN DALLAS, and that he executed
the carne as the act of said banking association and for the purposes and consideration
therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of
1981.
'X'
Notary Public in and for
Dallas County, Texas
My Commission Expires:
6
THE STATE OF TEXAS S
COUNTY OF TARRANT S
BEFORE ME, the undersigned, a Notary Public in and for said County and State on
this day personally appeared ROBERT L. HERCHERT, City Manager of THE CITY OF
FORT WORTH, a Texas homerule municipal corporation, known to me to be the person
and officer whose name is subscribed to the foregoing instrument, and acknowledged to
me that the same was the act of the said CITY OF FORT WORTH, and that he executed
the same as the act of said municipal corporation and for the purposes and consideration
therein expressed,and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the,� day of
1981.
Notary Public in and or
Tavfa*t-Ob�,'Texas
My Commission Expires:
2
EXHIBIT A
HOTEL PROPERTY
The Hotel Property is comprised of the following:
L HOTEL TEXAS TRACT AND THE TESCO OFFICE TRACT
Fee simple title in.and to a part of Block 112 of "Original Town" of Forth Worth in
Tarrant County, Texas, and embracing Lots I through 4 and Lots 9 through 12 in
said Block 112 (the "Hotel Texas Tract") described as Tract One in a deed dated
march !, 1966, from Citizens Hotel Company to Fort Worth Chamber Development
Corporation, recorded in Volume 4584, page 853 of the Deed Records of Tarrant
County, Texas, and also embracing Lots 5 through 8 in Block 112 (the "TESCO
Office Tract") described as Tract Three in the above-described deed to Fort Worth
Chamber Development Corporation, all such realty being more particularly
described by metes and bounds as follows:
Beginning at the Northwesterly corner of Block 112 and Lot 8 being, the
intersection of the Easterly line of Main Street and the Southerly line of East
Seventh Street:
Thence North 60 degrees East, along the Northerly line of Lot 8 and the Southerly
line of East Seventh Street, 100 feet to the common North corner of Lots 8 and 16;
Thence South 30 degrees East, along the Easterly line of Lots 8, 7, 6, and 5 and the
WesterIv line of Lots 16, 15, 14, and 13, a distance of 100 feet to the common
corner of Lots 5, 13, 12 and 4:,
IT'hence North 60 degrees East, along the Northerly line of Lot 12 and the Southerly
Line of Lot 13, a distance of 100 feet to their common East corner in the Westerly
line of Commerce Street;
Thence South 30 degrees East, along the Easterly line of Lots 12, 11, 10, and 9 and
the Westerly line of Commerce Street, 100 feet to the Southeasterly corner of
Block 112 and Lot 9;
Thence South 60 degrees West, along the Southerly line of Lots 9 and I and the
Northerly line of East Eighth Street, 200 feet to the Southwesterly corner of Block
112 and Lot 1;
Thence North 30 degrees West, along the Westerly line of Lots 1, 2, 3,4, 5, 6, 7 and
8 and the Easterly line of Main Street, 200 feet to the place of beginning and
containing 30,000 square feet; SAVE AND EXCEPT, with respect to the TESCO
EXHIBIT A - Page One of Seven Pages
0
Office Tract, the Real Property Loan Instruments as modified by this instrument
do not cover, and there is hereby retained and excluded from the conveyances
*hereby made, any rights, titles, or interests (other than rights of subjacent and
lateral support) of Hunt Hotel Fort Worth,. Ltd. (whether now owned or hereafter
acquired) in and to the TESCO Office Tract below" the ground surface level thereof
and below the first floor of the Improvements (as defined in the First-Lien Deed of
Trust and herein so called) thereon.
E. E '1:C U TII VE WING TRACT
Fee Simple title in and to part of Block Ill of "Original Town" of Fort Worth in
Tarrant County, Texas., and embracing Lots I through 8 in Block 111 (the
"Executive Wing Tract") described as Tract Two in a deed dated March 1, 1968,
from Citizens Hotel Company to Fort Worth Chamber Development Corporation,
recorded in Volume 4584, page 853 of the Deed Records of Tarrant County, Texas.,
snore particularly described by metes and bounds as follows:
Beginning at the Northwesterly corner of Block, Ill and Lot 8, being the
intersection of the Easterly line of Commerce Street and the Southerly line of East
Seventh Street-,
Thence North 60 degrees East, along the Northerly line of Block 111 and Lot 8 and
k,he Southerly line of East Seventh Street, 100 feet to the common North corner of
Lot 8 and Lot 10:
Thence South, 30 degrees East, along the East Line of Lolls 8, 7, 6, 5, 4, 3, 2, and I
and the West line of Lots 10 and 9, a distance of 200 feet to the common South
corner of Lots 1 and 9 in the South line of Block, Ill and the North line of East
Eligr'nth Street-,
Thence South 60 degrees West, along the Southerly line of Lot I and the Northerly
hine of East Eighth Street, 100 feet to the Southwest corner of Lot 1 and Block 111,
being the intersection of the Northerly line of East Eighth Street and the Easterly
line of Commerce Street;
'hence North 30 degrees West, along the West line of Lots 1, 2, 3, 4, 5, 6, 7 and 6
and the West line of Block Ill and the East line of Commerce Street, 200 feet to
the place of beginning and containing 20,000 square feet.
111, S17113OLD LEASEHOLD ESTATE. The leasehold estate (the ?'Seibold Leasehold
Estate"') created by lease agreement dated March 26, 1960, recorded in Volume
3451, page 26 of the Deed Records of Tarrant County, Texas, by and between
Charles W. Seibold, George W. Seibold, Jr., and Ted Seibold, as lessors, and The
Fort Worth National Bank, as lessee, as amended and extended by instrument dated
June 9, 1979, effective as of July 1, 1979, recorded in Volume 6763. page 1391 of
the Deed Records of Tarrant County, Texas, by and between George W. Seibold,
Jr., Elizabeth Seibold, and Jean Voss, as lessors, and Fort Worth Chamber
EXHIBIT A - Page Two of Seven Pages
,)eveicpment Corporation, as lessee, as further amended by instrument dated
September 4. 1979, by and between George W. Seibold, Jr., Elizabeth Seibold, and
jean )I7oss, as lessors, and Hunt HotelTort Worth, Ltd., as lessee, recorded in
Volume 6805, page 425 of the Deed Records of Tarrant County, Texas, (as such
lease has been and may be amended or modified from time to time herein called
the "SeiDold Leese"), insofar as same covers and affects the following described
real estate:
A part of Block- 112 of "Original Town" of Fort Worth in Tarrant County, Texas,
and embracing Lots 13 through 16 in Block 112 (the "Seibold Tract") described in
deed dated May 1, 1969, from Continental Realty Corporation to State Reserve
Life Insurance Company recorded in N'olume 4717, page 873 of the Deed Records of
1 arrant County, Texas, more particularly described by metes and bounds as
I allows:
Beginninc, all the Northeasterly corner of Block 112 and Lot 16, being, the
interesection of the West line of Commerce Street with the South line of East
Seventh Street;
T
I'I,
I hence South 30 degrees East, along the East line of Lots 16, 15, 14, and 13, and
the West line of Commerce Street, 100 feet to the Southeast corner of Lot 13:
Thence South 60 degrees West, along the South line of Lot 13 and the North line of
Lot, 12, a distance of 100 feet to the common corner of Lots 12, 13, 4 and 5-.
Thence North 30 degrees West, along the West line of Lots 13, 14, 15, and 16 and
the East line of Lots 5, 6, 7 and 8, a distance of 100 feet to the common North
corner of Lot 16 and Lot 6 in the North line of Block 112 and the South line of East
Seventh Street;
Thence North 60 degrees East, along the North line of Lot 16 and the South line of
-East Seventh Street, 100 feet to the place of beginning and containing 10,000
square feet; SAVE AND EXCEPT, the Real Property Loan Instruments as modified,
by this instrument do not cover, and there is hereby retained and excluded from the
conveyances thereby made, any rights, titles, and interests (other than rights of
subjacent and lateral support) of Hunt Hotel Fort Worth, Ltd. (whether now owned
or hereafter acquired) in and to the Seibold Tract (including rights and interests in
the Seibold Lease) below the ground surface level of the Seibold Tract and below
the first floor of the Improvements thereon.
14". 0),'ERHEAD PASSAGEWAY. Subject to the rights of the City of Fort Worth and
subject to the rights of the public to the use and enjoyment of the rights-of-wFy
above and below the following, that certain above ground passageway (the
"Overhead Passageway") connecting the Hotel Texas Tract and the Executive Wing
Tract, being more particularly described as follows;
EXHIBIT A - Page Three of Seven Pages
Part of Commerce Street between Blocks III and 112 of "Original Town" of Fort
Worth in Tarrant County, Texas and embracing that portion of Commerce Street
whi& the Overhead Passageway connecting the improvements on and being
between Blocks 111 and 112 is located, being located above the surface of the
following described really:
Commence at the Southeasterly corner of Block 112 being the interestion of the
North line of East Eighth Street and the West line of Commerce Street and then
run North 30 degrees West, along the East line of Block 112 and the West line of
Commerce Street, 10-75/100 feet to a point for the Southwesterly and beginning
corner of the parc�; being hereby described,
Thence North 60 degrees East, crossing Commerce Street generally along the
Southerly face of the most Southerly wall of the Overhead Passageway, 79-92,'100
feet to the West line of Block Ill for the East line of Commerce Street-,
Thence North 30 degrees West, along the 1�est line of Block Ill and the East line
of Commerce Street, 11-9/10 feet to the Northerly face of the most Northerly
wall of the Overhead Passageway;
n
Thence South 60 degrees West, crossing Commerce Street, generally along the
Northerly face of the wall of the Overhead Passageway, 79-92/100 feet to the East
1'ne of Block 112 for the West line of Commerce Street;
Thence South 30 degrees East, along the East line of Block 112 and the West line of
Commerce Street, 11-9/10 feet to the place of beginning and containing 951 square
feet.
V. STREETS ADJACENT TO HOTEL TEXAS TRACT AND THE TESCO OFFICE
TRACT. Subject to the rights of the City of Fort Worth and subject to the rights
of the public to use and enjoy the rights-of-way existing on the following described
realty, being that one-haLf (1/2) portion of Eighth Street, Main Street, Seventh
Street and Commerce Street which adjoins the Hotel Texas Tract and the TESCO
Office Tract, more particularly described by metes and bound,, as follows:
Beginning at the Southeasterly corner of Block 112 at the intersection of the
Northerly line of Eighth Street and the Westerly line of Commerce Street;
Thence North 30 degrees West, along the East line of Block 112 and the Westerly
line of Commerce Street, 100 feet to the common East corner of Lots 12 and 13 in
Block, 112;
Thence North 60 degrees East 39-97/100 feet to the middle of Commerce Street-,
Thence along the middle of Commerce Street: South 29 degrees-59 minutes-30
seconds East 100-01/100 feet; and South 29 degrees-59 minutes-39 seconds East
30-10/100 feet to the middle of Eighth Street;
EXHIBIT A - Page Four of Seven Pages
Thence along the middle of Eighth Street: South 60 degrees-07, minutes-49 seconds
West 39-95/'100 feet; South 60 degrees-no minutes-10 seconds West 200 feet*, and
So,;th, 59 degrees-59 minutes-55 seconds Wes, 39-98.,'100 feel, to the middle of
Miain, Street;
Thence along the middle of Main Street: North 29 degrees-57 minutes-59 seconds
11,1'est 30-01,1100 feet: North 30 degrees West 199-994/1000 feet; and North 30
degrees-no minutes-51 seconds West 30-035,11000 feet to the middle of Seventh
n
Street;
Thence along the middle of Seventh Street: North 60 degrees-no minutes-21
seconds East 39-9$x'100 feet; and North 60 degrees-no minutes-38 seconds East
99-991 100 feet;
Thence South 30 degrees East 30-01/100 feet to the North line of Block 112 and
the Southeriv Lne of Seventh Street at the common North corner of Lots 8 and 16;
Thence South 60 degrees West, along the North Line of Block 112 and the Southerly
line of Seventh Street, 100 feet to the Northwesterly corner of Block 112;
Thence South 30 degrees East, along the Westerly line of Bnock 112 and the
Easterliv line of Main Street, 200 feet to the Southwesterly corner of Block 112;
Thence north 60 degrees east, along the southerly line of Block 112 and the
northeriv line of said Eighth Street, 200 feet to the place of beginnin--7, and
containing 24,594 square feet; SAVE AND EXCEPT, with respect to the portions of
the above-described realty that adjoins the TESCO Office Tract, t he Real Property
Loan Instruments as modified by this instrument do not cover, and there is hereby
retained and excluded from the conveyances thereby made, any of the rights,
titles, and interests (other than rights of subjacent or lateral support) of Hunt
Hotel/Fort Worth, Ltd. (whether now owned or hereafter acquired) in and to such
port;ons of the realty that adjoins the TESCO Office Tract below the ground
surface level of such realty.
STREETS-ADJACENT TO THE SEIBOLD TRACT. Subject to the rights of the City
of Fort Worth and subject to the rights of the public to use and enjoy the
ghts-of-way existing on the realty covered by the following described leasehold
estate, the leasehold estate under the Seibold Lease in and to the one-half (1/2)
portion of Seventh Street and Commerce Street which adjoins the Seibold Tract,
more particularly described by metes and bounds as follows:
Beginning at the Northeasterly corner of Block 112 at the intersection of the South
line of Seventh Street and the West line of Commerce Street;
Thence South 30 degrees East, along the Easterly line of Block 112 and the
Westerly line of Commerce Street, 100 feet to the common East corner of Lots 12
and 13 in Block 112;
EXHIBIT A - Page Five of Seven Pages
1-hence North 60 degrees East 39-971100 feet to the middle of Commerce Street;
Thence along the middle of Commerce Street: North 29 degrees-59 minutes-30
seconds West 99-99/100 feet-, and North 29 degrees-59 minutes-04 seconds West
29-961100 fee, to the middle of Seventh Street;
Thence along the middle of Seventh Street: South 60 degrees-02 minutes-59
seconds West 39-96/100 feet; and South 60 degrees-no minutes-38 seconds West.
100-01,100 feet;
Thence South 30 degrees es East 30-01/100 feet to the North line of Block, 122 and
the Southerly Line of Seventh Street at the common North corner of Lots 8 and 16
in� Block 112:
Thence North 60 degrees East, along the North line of Block 112 and the Southerly
hne of Seventh Street, 100 feet to the place of beginning and containing 8195
square feet; SAVE,AND EXCEPT, the Real Property Loan Instruments as modified
by this instrument do not cover, and there is hereby retained and excluded from the
conveyances thereby made, any rights, titles and interests (other than rights gh 5 oi
su'D��acent or lateral support) of Hunt Hotel;Fort Worth, Ltd. (whether now owned
.p
or hereafter acquired) in and to the above-described realty (including rights and
interests in the Seibold Lease) below the ground surface level thereof.
vl: STIREFTS ADJACENT TO THE EXECUTIVE WING TRACT. Subject to the rights
of the Citv of Fort Worth and subject to the rights; of the public to use and enjoy
the
ghts-of-wav existing on the following described realty, the one-half (1/2)
portion of Seventh Street, Eighth Street and Commerce Street which adjoins the
Executive Wing T,-act, more particularly described by metes and bounds as follows:
I'ie-JLning at the Southwesterly corner of Block 111 at the intersection of the
aserlv line of Commerce Street and the Northerlv line of Eighth Street;
/"hence North 60 degrees East, along the Southerly line of Block 111, a distance of
100 feet-,
Thence South 30 degrees East 30-175/1000 feet to the middle of Eighth Street;
Thence along the middle of Eighth Street: South 59 degrees-59 minutes-49 seconds
West 100 feet; and South 60 degrees-06 minutes-53 seconds West 39-951100 feet to
the middle of Commerce Street;
Thence along the middle of Commerce Street: North 30 degrees-no minutes-35
seconds West 30-10/100 feet; North 30 degrees-no minutes-26 seconds West, 200
feet; and North 30 degrees Wes' 29-96/100 feet to the middle of Seventh Street;
Thence along the middle of Seventh Street: North 60 degrees-01 minute-43
seconds East 39-98/100 feet; and North 60 degrees East 100 feet;
-XHIBIT A Page Six of Seven Pages
Thence South 30 degrees East 29-941"100 feet to the Northerly line of Block 111;
Thence South 60 degrees West, along the Northerly line of Block III a distance of
!00 feet;
Thence South 30 degrees East, along the Westerly line or Block 111, a distance of
200 feet to the place of beginning and containing 16,406 square feet.
EXHIBIT A Page Seven of Seven Pages
EXHIBIT B
THE CITY PROPERTY
The City Property is comprised of the following:
(1) The Easterly 1/2 of Block 114 of Original Town of Fort Worth in Tarrant County,
Texas; and embracing Lots 9 through 16 in said Block and the Easterly 1/2 of the
alley adjoining said Lots on the West, and being the three tracts described in the
deeds to the City of Fort Worth recorded in Volume 6892, Page 1350, Volume 6868,
Page 1718, and Volume 6834, Page 2190 of the Tarrant County Deed Records,
described by metes and bounds as follows:
Beginning at the Southeasterly corner of said Block 114 at the
intersection of the Westerly line of Main Street and the
Northerly line of Ninth Street;
Thence South 60 degrees West, along the Southerly line of said
Block 114 and the said Northerly line of Ninth Street, 100 feet
to a point for corner;
Thence North 30 degrees West, along the middle of said alley,
adjoining Lots 9 through 16 on the West, 200 feet to the
Northerly line of said Block 114 and the Southerly line of
Eighth Street;
Thence North 60 degrees East, along the said Northerly line of
Block 114 and the said Southerly line of Eighth Street, 100
feet to the Northeasterly corner of said Block 114 and the said
Westerly line of Main Street; and
Thence South 30 degrees East, along the Easterly line of said
Block 114 and the said Westerly line of Main Street, 200 feet
to the place of beginning and containing 20,000 square feet,
more or less.
(2) A part of Block 115 of the Original Town of Fort Worth in Tarrant County, Texas
and embracing all of Lots 5, 6, 7, 8, 13, 14, 15 and 16 and a portion of Lots 1, 2, 3
and 4 in said Block, described by metes and bounds as follows:
Beginning at the Northeasterly corner of said Block 115 for
the intersection of the Southerly line of Eighth Street and the
Westerly line of Commerce Street and from which a tack set
in a lead plug bears North 30 degrees West 5 feet and North 60
degrees East 5-4/10 feet;
Thence South 30 degrees East, along the Easterly line of said
Block 115, along the Easterly line of Lots 16, 15, 14 and 13 for
the said Westerly line of Commerce Street, 100 feet to a
galvanized spike for the common East corner of Lots 13 and
12;
Thence South 60 degrees West, along the common line of said
Lots 13 and 12, a distance of 100 feet to a galvanized spike for
the common corner of Lots 4, 5, 12 and 13;
Thence South 30 degrees East, along the common line of said
Lots 12 and 4, a distance of 9-33/100 feet to a galvanized
spike;
Thence South 60 degrees West 4-50/100 feet to a galvanized
spike;
EXHIBIT B — Page 1 of 2 Pages
Thence South 30 degrees-01 minute-44 seconds East, through
Lots 4, 3, 2 and 1, a distance of 90-671100 feet to the
Southerly line of Lot I and said Block 115 in a Northerly line
of Ninth Street from which a "Y" marked on concrete walk
bears South 30 degrees-01 minute-44 seconds East 3 feet;
Thence South 60 degrees West, along the said Southerly line of
Lot I and Block 115 and the said Northerly line of Ninth
Street, 95-55/100 feet to the Southwesterly corner of said
Block, 115 for the intersection of said Northerly line of Ninth
Street and the Easterly line of Main Street from which a tack
set in a lead plug bears South 30 degrees East 3 feet and south
60 degrees West 5 feet;
Thence North 30 degrees West, along the Westerly line of Lots
1 through 8 and the Westerly line of said Block 115 for the said
Easterly line of Main Street, 200 feet to the Northwesterly
corner of said Block 115 for the intersection of the said
Easterly line of Main Street and the said Southerly line of
Eighth Street from which a tack set in a lead plug bears South
60 degrees West 5 feet and North 30 degrees West 5 feet; and
Thence North 60 degrees East, along the Northerly line of Lots
8 and 16 and the Northerly line of said Block 115 for the said
Southerly line of Eighth Street, 200 feet to the place of
beginning and containing 29,594 square feet, more or less.
(3) The subsurface portion of Main Street between Block 114 and Block 115 of the
Original Town of Fort Worth, Tarrant County, Texas, being South of the South
right-of-way line of 8th Street and North of the North right-of-way line of 9th
Street.
EXHIBIT B - Page 2 of 2 Pages
0005-0032-00582
EXHIBIT C
OLD EIGHTH STREET
That certain real property, formerly known as Eighth Street, which is between Main
Street and Commerce Street and Block 112 and Block 115 of Original Town of Fort Worth
in the City of Fort Worth, Tarrant County, Texas, being more particularly described by
metes and bounds as follows:
Beginning at the Southwesterly corner of said Block 112 of the Original Town of Fort
Worth at the intersection of the Northerly line of said former Eighth Street and the
Easterly line of Main Street;
Thence South 30 degrees East, across said former Eighth Street, 60-02/100 feet to the
Northwesterly corner of said Block 115 of the Original Town of Fort Worth and the
intersection of the said Easterly line of Main Street and the Southerly line of said former
Eighth Street;
Thence North 60 degrees-no minutes-10 seconds East,along the said Southerly line of said
former Eighth Street and the Northerly line of said Block 115 of the Original Town of Fort
Worth, a distance of 200 feet to a Northeasterly corner of said Block 115 of the Original
Town of Fort Worth,and the Westerly line of Commerce Street;
Thence North 30 degrees West, across said former Eighth Street 60-03/100 feet to the
Southeasterly corner of said Block 112 of the Original Town of Fort Worth and the
intersection of the said Westerly line of Commerce Street and the Northerly line of said
former Eighth Street; and
Thence South 60 degrees West, along the Northerly line of former Eighth Street and the
Southerly line of said Block 112 of the Original Town of Fort Worth, a distance of 200 feet
to the place of beginning and containing 12,005 square feet.
B L 0 C K 11 2 Ui
W
W S 6 0 W
Ui 200 to
X
0 L 0
Li 01
0 0 E I G H T H S T R E E T 0 0 W
12,005 S q u a r e F ee t z
LLJ
200
N60-00-10E 0
B L O C K 115
EXHIBIT C - Page Solo
EXHIBIT D
NEW EIGHTH STREET
dieing the surface of and that portion above the surface necessary for vehicular and
pedestrian traffic of that certain real property, now known as Eighth Street as presently
constructed and existing, which is between Main Street and Commerce Street and
Block 112 and Block 115 of Original Town of Fort Worth, City of Fort Worth, Tarrant
County,Texas, being more particularly described by metes and bounds as follows:
Commence at the Southwesterly corner of said Block 112 of the Original Town of Fort
Worth at the intersection of the Northerly line of Old Eighth Street as described on
Exhibit-C hereto and the Easterly line of Main Street and then run South 30 degrees East
,along the said Easterly line of Main Street 18-02/100 feet to the Northerly side or back of
a curb for beginning point;
Thence along the said back of curb:
North 62 degrees-44 minutes East 8-31/100 feet to the beginning of a curve to the
left with a radius of 6 feet;
then along said curve to the left 6-05/100 feet to its end and the beginning of a
curve to the right with a radius of 5-25/100 feet;
then along said curve to the right 5-03/100 feet to its end;
then North 59 degrees-53 minutes-14 seconds East 45-25/100 feet to the beginning
of a curve to the right with a radius of 6-08/100 feet;
then along said curve to the right 6-37/100 feet to its end and the beginning of a
curve to the left with a radius of 6-10/100 feet;
then along said curve to the left 6-38/100 feet to its end;
then North 59 degrees-59 minutes-19 seconds East 54-32/100 feet to the beginning
of a curve to the left with a radius of 6 feet;
then along said curve to the left 6-28/100 feet to its end and the beginning of a
curve to the right with a radius of 6 feet;
then along said curve to the right 6-29/100 feet to its end;
then North 59 degrees-59 minutes-18 seconds East, passing the end of said curb
and continuing in all 44 feet to the beginning of a curve to the right with a radius
of 5-25/100 feet;
Thence along said curve to the right 5-05/100 feet to its end and the beginning of a curve
to the left with a radius of 6 feet;
Thence along said curve to the left 6-05/100 feet to its end;
Thence North 57 degrees-19 mintutes-50 seconds East 8-19/100 feet to the Westerly line
of Commerce Street;
Thence South 30 degrees East, along the said Westerly line of Commerce Street,
42-02/100 feet to the Northeasterly corner of said Block 115 of the Original Town of Fort
Worth;
Thence South 60 degrees-no minutes-10 seconds West, along the Northerly line of said
Block 115 of the Original Town of Fort Worth and the Southerly line of present Eighth
Street, 200 feet to the Northwesterly corner of said Block 115 of Original Town of Fort
Worth and the said Easterly line of Main Street; and
Thence North 30 degrees West, along the said Easterly line of Main Street, 42 feet to the
place of beginning and containing 8,774 square feet.
EXHIBrl' D- Page One of Two Pages
This conveyance and dedication of New Eighth Street, as described above, is not
intended to convey or dedicate, and the City and Hunt Hotel hereby reserve, unto
themselves, and their respective successors and assigns, all rights, titles, interests, and
estates that they may presently and respectively own or hereafter acquire in the
su4surface of New Eighth Street and in the air rights and estates above a height that is
presently required for vehicular and pedestrian traffic and access on the surface of New
Eighth Street; and, further, this conveyance and dedication of New Eighth Street is not
intended to convey or dedicate for use by the public and there is hereby excepted from
the above-described property, the Canopy and Column Property described on Exhibit E
hereto. However, such exception and reservation shall not include any unreasonable
interference with the public's access to any portion of New Eighth Street for pedestrian
and vehicular traffic. A pictorial representation of New Eighth Street and the Canopy
and Column Property is attached hereto as Annex I for reference purposes.
t� B L 0 C K 112
W
W
N 5 9-53-14 E N 59-5949E CC
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C%I S 1' R E E T
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BLOC K 115 U
EXHIBIT D - Page Two of Two Pages
EXHIBIT E
CANOPY AND COLUMN PROPERTY
The easement retained and granted herein to Hunt Hotel with respect to the
improvements herein described covers and affects the following described property:
1. With respect to the overhead canopy and related improvements:
That certain tract of real property being a part of the real property described as Old
Eighth Street on Exhibit C hereto and as New Eighth Street on Exhibit D hereto between
Main Street and Commerce Street and Block 112 and 115 of the Original Town of Fort
Worth in the City of Fort Worth, Tarrant County, Texas, being more particularly
described by metes and bounds as follows:
Commence at the Southwesterly corner of said Block 112 of the Original Town of Fort
Worth and then run South 30 degrees East along the Easterly line of said Main Street
18-02/100 feet to the Northerly side or back of a curb and then along the said back of
curb North 62 degrees-44 minutes East 8-31/100 feet to the beginning of a curve to the
left with a radius of 6 feet; then along said curve to the left 6-05/100 feet to its end and
the beginning of a curve to the right with a radius of 5-25/100 feet; then along said curve
to the right 5-03/100 feet to its end; north 59 degrees-53 minutes-14 seconds east
45-25/100 feet to the beginning of a curve to the right with a radius of 6-08/100 feet;
then along said curve to the right 6-37/100 feet to its end and the beginning of a curve to
the left with a radius of 6-10/100 feet; then along said curve to the left 6-38/100 feet to
its end for the Northwest and beginning corner of the tract being herein described;
Thence South 30 degrees-no minutes-41 seconds East 40-42/100 feet to the North line of
said Block 115 of the Original Town of Fort Worth and the Southerly line of Old Eighth
Street, from which the Northwesterly corner of said Block 115 bears South 60 degrees-no
minutes-10 seconds West, 73-61/100 feet;
Thence North 60 degrees-no minutes-10 seconds East, along the said Northerly line of
said Block 115 of the Original Town of Fort Worth and the Southerly line of Old Eighth
Street, 53-91/100 feet;
Thence North 30 degrees-no minutes-41 seconds West 40-43/100 feet to the said back of
a curb; and
Thence South 59 degrees-19 minutes-19 seconds West, along said back of curb 53-91/100
feet to the place of beginning and containing 2,179 square feet; and
#0 NO 8 L 0 C K 11 2
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W
W R 4' S 59 - 19 19 W
53
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8 L 0 C K 115
EXHIBIT E Page One of Four Pages
NORTH
W
1 Canopy vs
4
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Walk 15 l0 2_T 135.5 24 0
dalSCALE: I inch-to feet
NORTH
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7, T E Page Two of Four Pages
�7
11. With respect to canopy support column and related improvements:
That certain tract of real property being a part of the real property described as Old
Eighth Street on Exhibit C hereto and as New Eighth Street on Exhibit D hereto between
Main Street and Commerce Street and Block 112 and 115 of Original—Town of Fort Worth
in Tarrant County, Texas, being more particularly described as follows:
Commence at the Northwesterly corner of said Block 115 of the Original Town of Fort
Worth at the intersection of the Easterly line of Main Street and the Southerly line of Old
Eighth Street and then run North 60 degrees-no minutes-10 seconds East along the
northerly line of said Block 115 of the Original Town of Fort Worth and the Southerly line
of Old Eighth Street, 73-61/100 feet and then North 30 degrees-no minutes-41 seconds
West 2-2/10 feet to the Southwest and beginning corner of the tract being herein
described;
Thence North 30 degrees-no minutes-41 seconds West 4-5/10 feet;
Thence North 60 degrees-no minutes-10 seconds East 53-91/100 feet;
Thence South 30 degrees-no minutes-41 seconds East 4-5/10 feet; and
Thence South 60 degrees-no minutes-10 seconds West 53-91/100 feet to the place of
beginning and containing 242-6/10 square feet in which six 2-5/10 feet by 2-5/10 feet
concrete columns are located; and
B L 0 C K 112
W
W
Uj
W
X
W
2426 S q u a r e Feet
cc
z M XJV
W
73
N 60-00-10E
B L 0 'C K 115 0
Canopy S uport Cot urnn -'
E n c r a a c h m e n t
EXHIBIT E - Page Three of Four Pages
III. With respect to the entrance column - West end and related improvements.
That certain tract of real property, together within an area of a two-foot radius around
such tract, being a part of the real property described as Old Eighth Street on Exhibit C
7—
hereto and as New Eighth Street on Exhibit D between Main Street and Commerce Street
and Blocks 112 and 1.15 of the Original Town of Fort Worth in the City of Fort Worth,
Tarrant County, Texas, such tract being more particularly described by metes and bounds
as follows:
Commence at the Southwesterly corner of said Block 112 of the Original Town of Fort
Worth and then run South 30 degrees East 45-09/100 feet and then North 60 degrees East
29/100 of a foot to the Northwest and beginning corner of the tract being herein
described;
Thence North 60 degrees East 2 feet;
Thence South 30 degrees East 5-46/100 feet;
Thence South 60 degrees West 2 feet; and
Thence North 30 degrees West 5-46/100 feet to the place of beginning and containing
10-9/10 square feet; and
IV. With respect to the entrance column - East end and related improvements;
That certain tract of real property, together with a two-foot radius around such tract,
being a part of the real property described as Old Eighth Street on Exhibit C hereto and as
New Eighth Street on Exhibit D hereto between Main Street and Commerce Street and
Blocks 112 and 115 of Original Town of Fort Worth in the City of Fort Worth, Tarrant
County, Texas, such tract being more particularly described by metes and bounds as
follows:
Commence at the Southeast corner of said Block 112 of the Original Town of Fort Worth
and then run South 30 degrees East 44-98/100 feet and then North 60 degrees East 40/100
of a foot to the Northeast and beginning corner of the tract being herein described;
Thence South 30 degrees East 5-46/100 feet;
Thence South 60 degrees West 2 feet;
Thence North 30 degrees West 5-46/100 feet;
Thence North 60 degrees East 2 feet to the place of beginning and containing 10-9/10
square feet.
A pictorial representation of New Eighth Street and the Canopy and Column Property
is attached hereto as Annex I for reference purposes.
B L 0 C K 112 W
200 W
cr
W N 60 E
W
X
F-
V E n t r on ce C olu rnn W
West E n d
Entrance
Z' lot Square Feet C a f u rn a cc
E a s t E n d
N60-00-10E 10! Square Feet W
200
z B L 0 C K 115
EHIBIT E Page Four of Four Pages
ANNEX I
M A I N S T R E E T
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C O M M E PC E S T R E E T
Fort Worth, 'T-evas
,r E
FPropertY, NUM"), SUVA CT; Etttht Street improvements — ,.�••• IPAGL
zIiF R_, _ PZ-1041 1Iyr1:t Regency PE(Iject
e City of Fart Werth and Hunt Hotel/Fort Worth, Ltd., owners of all, abutting TMm
have requested vacation and closing of that portion of Eighth Street
between Main Street and Commerce Street, in Conjunction with the construction of
a Public plaza and subsurface parking garage facility by the City, and the
o£ the Fort Worth Hyatt Regency Hotel by Hunt Hotel/Fort Worth, Ltd,
The closing of this portion of Eighth Street will be accompanied by a rededica-
tion of the some block, in its new Configuration, through a separate agreement
between the City and Hunt Hotel/Fort Worth, Ltd. The agreement will dedicate
this portion of E1 hth Street as a
+easem ta, The a regiment will, alsopuhlic street, and will retain all utility
permit
been constructed by Hunt Hotel as a part ofc Its adevelopment moftthe Hyatthave
Regency, including a canopy, support columns and entrance Columns at both ends
Of the block. Reviewing City departments and private utility companies have
are re no ed. The to this request, provided all existing utility easements
are retained, The City Plan Commission has reviewed this request and recom-
mends that the subject street be vacated and rededicated as requested.
Recommendation
It is recommended that:
l) An ordinance be adopted vacating Eighth Street in the 100 black
from Main Street to Commerce Street as recommended by the Ci„y
Plan Commission; and
The City Manager be authorized to execute an agreement with
Hunt Hotel/Fort Worth, Ltd., rededicating Eighth Street in the
100 block from Main Street to Commerce Street, in its new con-
figuration as a public right-of-way for street and sidewalk
purposes, and permitting the encroachments constructed by Hunt
Hotel./Fort Worth, Ltd. described above, as also recommended by
the City Plan Commission.
CC
At t�ec hment
6 {
{{ yy
Stlahtf T'f,C)EI:kR iH� -----.•.•.•.,'.�.�.-"_
CITY MANAGER'S "^'----'----+•.••�-_..... 4 a_'Sw,,
fY!E`zE"E aY DISPO SITION By COUNCIL:
PROCESSED ay
._ - _ ` C) APPROVED
(Tr PART MEN e NEA[ Joe Hilardi �+ et 1S IT DESCRIBE}
FOR At)cr�r3t?Ndit.PNrerRMAfION CITY SECRETARY
c sNZnea
Joe Hi.lardi, east 7820
DATE