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HomeMy WebLinkAboutContract 13686 ( ■ . | � � / ? « a2\ ~ } � 2 6 § «ƒ�` Wim � ` \ 77, \ } l � • } . : f . # f ] ARY I L CITY SECRETAXY I FT. WORTH, TM 'GREEMENT THE STATE OF TEXAS S § KNOW ALL MEN BY T11ESE PRESENTS: COUNTY OF 'AR ANT § TPIS AGREEMENT, made and entered into h-,, and between the CITY OF FOR WORTH, a municipal corporation organized and exist- inq under the laws of the State of Texas, hereinafter referred to as the "City" , and WASTE MANAGEMENT OF FORT WORTH, INC. , a Texas corporation, hereinafter referred to as "Waste Management", is as follows: WHEREAS, Waste Management is currently providing land-fill services on property situated in the City of Fort Worth, Tarrant County, Texas, and more particularly described in Exhibit "A" attached hereto and incorporated herein for all intents and pur- poses as if set forth verbatim,; and WhEREAS, the above described landfill services help provide an essential public service to the residents of the City of Fort Worth; and WHEREAS, Waste Management intends to enter into a new Lease Aqreement with the Amon Carter Foundation covering the premises set forth in Exhibit "A" and additionally covering the premises set fourth in Exhibit "B" attached hereto and incorporated herein for all intents and purposes as if set forth verbatim; and WHEREAS, Waste Management has entered into an Agreement with Mustafa Mahmoud Assi in which Waste Management has an option to purchase certain additional land situated in the City of Fort- Worth, Tarrant County, Texas, and being more particularly des- cribed in Exhibit "C" attached hereto and incorporated here Z in for all intents and purposes as if set forth verbat-iUmn; and WHEREAS, the Amnon Carter Foundation has provided funding to the Streams & Valleys Co-m-nittee of Fort -Worth, Texas, herein "Streams & Valleys Comrq4ttee" , for a study of the possible use of the property described in Exhibits "A" d , It B il "C" (here ina fter an referred to collectiveiv as the "Property" for park purposes, and the Streams & Valleys Con=ittee conmiissioned the -firm of Zion & Breen Associates, Inc. , site planners and landscape architects from, Imlaystown, New jersey, to provide such study; and WHEREAS, Zion & Breen Associates, Inc. , in 1983 delivered to the Streams & Valleys Corrurnittee a olan entItled "Master Plan - Gateway Park Addition" , a copy of which is attached hereto as Exhibit "D" and incorporated herein for all intents and purposes as if set forth verba t4 m; and WHEREAS, the Streams & Valleys Comirfittee has adopted A]Lter- nate A of the Master Plan - Gateway Park Addition and has recon-n- mended that the City of Fort Worth also ado- C such olan (herein- 4 after, Alternate A of the Master Plan - Giatewa%, Park Addlition prepared b- Zion & Breen Associates, Inc. , as amended from tame to time by aqreement between the City, Waste Management and the 'urt n Carter Foundation, shall be -referred to as the "Plan') , and WHEREAS, the C *v of Fort Worth desirts 'to adopt such, Plan as a general guide for the development of Gat'eway Park under the direction of the Parks and Recreation Departiment of the City of Fort Worth, and such Plan will become an essentia-1 part of 41--he City's Comprehensive Planning Program and Process; and WHEREAS, the Arn(,-)n Carter Foundaticn has indicated an interest in donating to the City the land described in Exhibits ''A'' an,! "B" for park purposes, and Waste Management has agreed to donate to the City the land described in Exhibit "C" for park purposes; and WHEREAS, the Plan calls for additional landfilling opera- tions on the Property, a, d the parties desire that Waste Manage- ment conduct such landfilling operations and provide, to the extent feasible, the landforms and contours called for by the Plan as such Plan may be revised from time to time by agreement between the City and Waste Management; NOW, THEREFORE, in consideration of the mutual ag.4reeinents set forth herein, the City of Fort Worth and Waste Managememt of Fort Worth, inc, , agree as follows: i. Plan Develorment can d' Termination of Landfill 'Waste Management agrees to diligently effect the development of the landforms and contours provided in the Plan by the sani- tary landfilling of the Property, Waste Management agrees to complete and terminate all landfilling activities on the Property on or before June 30, 1989 , and to complete grading and contour- ing of the Property on or before January 1 , 1990. igaste Manage- ment agrees to terminate the landfilling operations and contour- ing activities sooner than the above dates if the landforms and contours provided in the Plan are effected before such dates as a result of increased volumes being directed into the Property. Nothing contained herein shall permit the active landfilling of that portion of the Property described in Exhibit "A" which is currently zoned "AG" agricultural, which property consists of approxinately twenty-five (25) acres of land adjacent to the Trinity River on the western edge of the property described in Exhibit "A" , unless Waste Management shall first obtain from the City' s Zoning Board of Adjustment a special. exception covering such property. indemnification Waste Management agrees to indemnify and save harm-less the City, its present and future officers, employees and agents, from and against any and all liabilities, penalties, fines, forfei- tures, demands, claims, causes of action, suits and costs and E' xpenses incidental thereto (including cost of defense, settle- ment and reasonable attorney' s fees) , which any or all of them may hereafter suffer, incur, be responsible for or pay out as a result of bodily ill"Uries (including death) to any person, physi- cal in3ury to any property, contamination of or adverse ef fects on the environment, or any violation by Waste Management or any prior owners or landfill operators of the Property of statutes, ordinances, orders, rules or requiati or;s of any governmental entity or agency caused by, or arising out of, any acts, omis- sions or operations cf Waste Management or its ernployees or other persons engaged by or under the control, supervision or direction of Waste Management or such prior owners or landfill operators of the property, in the conduct of landfilling opera t ii-ons on the .Property occurring prior to c.r during Ore torm of this Agreement, and such inde�mn.ificatiori shall continue for a period of twenty (20) yonars fal _,,,-�wirg the closure of the 1;indf ill; pr--­,vid� , , ever, that Wastr- Manta-,gement shall have no liability for any claims or costs arising out of acts, om.,,irsions or operations of anv nprRnnq in anv wav rplavinn on rhp Prnnprry fol"i -Inwin(i f-hr� date that Waste Manage ment completes active landfilling opera- tions on the preraises or (luring tAe time that such operations, are conducted by Waste Iasi ayement if such acts, Olyr-,.issions or opera- tions were engaged in or conducted without express author izatio-n by �,,Iaste Management by persons under the control, supervision or direction of the City, Nothing contained herein shall require Waste Management to indemnify the City or any other pEarson finnil any liability, claim, suit, cause of action, cost or enpense whatsoever arising out of the execution of this Agreement by the City or out of any orders or rulings of any nature whatsoever by the City or any of the City' s boards, agencies or coraiissions prior to this Agreement. iiV Limitation on Use of ProDertv Followinq Closure After Waste Management has terminated the landfilling opera- tions on the Property, the City shall not disturb the into-qrity of the cover materials placed over the premises in any manner, whether through excavation, cultivation, borinq, regrading or othersvisse, nor construct any structures on the premises, nor alter any venting wells, vegetation or drainage then existing at the premises unless Waste Management consents to such activity. Waste Management shall have no liability to the City under the indemnification provisions of this Agreement if the damaqe in question is caused in whole or in part by a violation of this paragraph by the City. Notwithstanding the above, it is specif- ically understood and agreed that the City will construct and is hereby authorized to construct any and all recreational facil- ities and other related facilities on the Property as are contem- plated in the Plan, provided that such facilities shall be con- structed in accordance with ctonstruction practices, methods, techniques and operations expressly approved by Waste Management to preserve the environmental integrity of the Property. iv. Maintenar Waste Management agrees to conduct such post-operation care, maintenance and nanitoring of the Property as is required by apply cablEV IOCal, state and federal laws and regulations, and the City agrees to provide to Waste Management reasonable access to the Property to conduct such post-operation care, maintenance and Yr,,.onitoring. The maintenance conducted by Waste Management shall include, but not be limited to, erosion repair and revegetation related to prior landfilling activities as required by applicable local, state and federal laws and regulations. V. Ca�h Payment Waste Management agrEleS to pay to the City t.'ne sum rf Five Hundred Thousand and No/100 Dollars ($500,000.00) for the purpose of the development of recreational facilities on the Property. Such payments shall be in cash and shall be paid in twenty (20) equal, quartEorly instal lrents of Twenty-Five Thousand and No/100 Dollars (S25, 0 ,00) each, with the first such installment to be due and payable on or before january 1 , 1985 , with a like in- stallment to be due and payable on or before the first day of each succeeding quarter therE;after until the full Five Hundred Thousand anr,? N,o6 100 Dollars ($530�.,-, ,000, 00) has been paid. V L . Ball Diamond Waste Management will construct on the Property one ball diarnond at a maximum cost of Forty-Five Thousand and No/100 Dol- lars ($45 ,000 .00) . The ball diamond shall be constructed A accordance with plaris agreed upon by the City and Waste Manage- ment, and Waste Management shall have no obligation to provide lighting to the all diamond. The ball diamond shall be con- structed as quickly as is feasible, and construction shall be concluded by either October 1 , 1984, or within six (6) months of the securLng by WaStEl Management of a satisfactory Lease Agree- ment with the Amon Carter Foundation as herein contemplated , whichever is later. Vii. Discount From and after the date on which Waste Management secures a satisfactory Lease Agreement from the Amon Carter Foundation as herein contemplated, Waste Management shall extend the following disposal rates to the City for waste materials collected and deposited at the Property in City vehicles. The rates herein- after set forth shall be applicable to a maximum volume of waste material not to exceed 80,000 cubic yards determined in the manner hereinafter provided, per 12 consecutive month period. 1 . For compacted waste material deposited at the Property, (i.e. waste material delivered to the Property in vehicles capable of compacting waste Material) the rate shall be one dollar and twenty five cents ($1 . 25) per cubic yard, which repre- sents a 24. 24% discount frorn, Waste Management's current disposal rate at the Property. Said $1 .25 per cubic yard rate shall be applicable for a period of twenty-four (24) months from and after the date on whi each City vehicle depositinq waste material at the Property, times the applicable per cubic yard rate in effect for the City during the relevant perLod's as aforesaid. 2. For waste materials deposited at the Property in City vehicles not equipped to compact waste mate- rial , Waste Management shall extend to the City a discount equal to 24. 24% below Waste Management' s then prevailing standard disposal rate for an ec�uivaient quantity and qt2aiity of waste material deposited at the Pnoerty in similar vehicles. Viii. Lan forms and Contours Waste Management agrees that, upon closure of the landfill it will, to the extent feasible, leave the land with the land- forms and contours called for by the Plan. The parties recognize, that the ability of Waste Management to perform this Agreement assumes that a sufficient art-iount of fill nmaterial will be deli.,— ered to the Property to facilitate the development of the land- forms and contours provided by the Plan within the time period herein contemplated. Accordingly, Waste Management agrees to place all ref SE! collected under City Secretary contracts 12041 and 12329 in the landfill, but the agreem.ent of Waste Management to provide such landforms and contours is contingent upon the delivery to the Property of a sufficient amount of fill material to the landfill to effect the development of the landforms and contours of the Plan. ix. Donation of Land Wastes Management covenants and agrees that it will exercise its option to purchase the land described in Exhibit "C" within thirty (30) days of the execution of this Agreement, Upon Waste Management' s completion of the landforms and contours of the Plan by sa;nitary landfill ing as herein contemplated, Waste Management agrees to donate the land described in Exhibit "C" to the City for park purposes. In the event that Waste Management' s obliga- tion hereunder to donate the land described in Exhibit "C" is suspended, terminated or cancelled, Waste Manaqement agrees that it will sell said land to the Amon Carter Foundation for the purpose of donation of same to the City for park purposes. Waste Management further covenants and agrees that it will enter into no lease agreement with the Amon Carter Foundation or its successors covering the Property unless such lease agreement contains a provision requiring the termination of all landfilling operations on the Property no later than June 30 , 11.989, and pro- viding for the donation of the PrOporty to the City for park pur- poses � ithin a reasonable time period after such date; pr,-:)vided, hoiwever, that the Amon Carter Foundation may place any restric- tions or conditions on its Property that such Founo� ation deems appropriate in making the donation to the City, X. The City ,tea green to assist Waste Management in effectinq development of the landforms and contour-s of the Plan 11-y Sanitary landfilling activities upon the Property as herein c-nteinnplated. Accordingly, the City agrees that Vlaste Management -may undertake and continue to provide landfilling operations on the Property until June 30, 1989 , -and to divert as much waste mater- ial as is feasible into the landfill until such time to enable Waste Management to provide the landforms and contours provided in the Plan. The City agrees to cooperate in good faith with Waste Management in the securing of all perm is and authoriza- tions required by law, if any, to effect the development and contouring as herein contemplated. in the event that haste Management is unable to secure such permits or in the event such permits are not forthcoming or are rejected or denied by the boards or agencies having Jurisdiction or control thereof, then Waste Management shall have the right, but not the obligation, to take such Hu then and continuinq action or commence such further proceedings to secure said permits as it may elect; provided, however, that in the event that Waste Management elects not to proceed further to attempt to obtain said permits and so notifies the City in writing, Waste Management shall have the right to cancel and terminate this Agreement and shall have no further obligations hereunder. The City agrees that the performance of this Agreement by Waste Management does not contemplate or require the zoning or rezoning of the Property or any part thereof, and the City does not anticipate that it will initiate or require any zoning or rezoning of the Property or any part thereof during the terrm of this Agreement. 14aste Management agrees that it will apply for zoning on the Property prior to June 30, 1989, and seek an "AG" agricultural zoning classification on the Property, or other zoning classification on the Property agreeable to the City and consistent with the use of the Property as a public park, and Waste Management will use its best efforts to secure such approp- riate zoning classification an the Property prior to January 1 , 1990. The City agrees that, notwithstanding any current or future zoning classification or lack thereof, applicable to any part or all of the Property, Waste Management shall be entitled to continue active landfilling operations on all of the Property until june 30, 1989, subject to all other applicable laws and regulations. in no event, however, shall Waste Management con- tinue aCtiVE! landfilling operations on the Property beyond june 30 , 1989. X1. Partial invaliditv if any provision of this Agreement, or any portion of any provision, shall be found by a Court to be invalid, unlawful or unenforceable, this Agreement shall continue in full force and effect as if such provision or portion of such provision were not contained herein, unless such finding shall prevent Waste Manage- ment from carrying on the activities permitted by this Agreement, or if such finding shall seriously impair such activities or make such activities uneconomical for Waste Management, in which event, at Waste Management' s option, this Agreement together with all obligations hereunder may be imn-mediately cancelled. XiV Force Maieur From and after the execution of this Agreement, the further performance of this Agreement may be suspended and the obliqa- tions hereunder excused, including Waste Management 's obligations under Sections V, V! , VIII and 1X hereof, in the event and during the period that Waste Management is prevented by a cause or causes beyond its control from performing the sanitary landfill- ing operations contemplated by Sections i and X hnreof. SUNI causes shall include, but not be limited to, acts of God, acts of war, riot, fire , explosion, accident, flood or sabotage; lack of adequate fuel, power or raw materials, Judlicial, administrative or governmental laws, requIations, rules, requirements, orders or actions, including cancellation, suspension or revocation or modification of any permit, license or other authorization neces- sary, for the construction and/or operation at the Property as evidenced by this Agreement; K4'UnCtJ_0n;; (or restraining orders; failure of any governmental body to issue or grant licenses, perraitS or other authorizations necessary, for the construction andior operation of the Property; national defense requirements; labor strike, lockout or injunction. The City and Waste Management agree and acknowledge that this Agreement and all obligations hereunder are contingent upon Waste Managerrient securing a Lease Agreement satisfactory to Waste Management covering the premises set forth in Exhibits "A" and "B" and permitting Waste Management to conduct sanitary landfil- ling operations on such preraises in accordance with the provi- sions set forth herein. If such satisfactory Lease Agreement with the Amon Carter Foundation is not forthcoming, then Waste Management shall be entitled to terminate and cancel this Agree- ment, and, in such event, neither party shall have any further obligation hereunder. CITY OF FORT Off'TH By: Title. ATTEST: OVED AS TO F0112 LMALITA By: V 1 MY Attorney Title: 11.0a The foregoing Agreement is accepted this day of 1 1984 , and such shall be the date of this instr(yment. WASTE MANAGEMENT OF FORT WORTH, !NC. r By: Jcrome D. Girsch ,_jLice 1�res_',,dent ATTFST- By 1h 4 1 T "'_1 1 rr Gula.r and`y of Parent Ccrr'o r Cif i on Waste Management, inc. , hereby guarantees the performance of the obligations of Waste Management of Fort Worth, !no. 'Ender the foregoing Agreement. WASTE MANAGEMIENT, INC. y B­- - Jerome D. Girsch 01v1n-L_Vj,ce President ATTEST: A LT l l l I Title: Assistant Secretary THE STATE OF TEXAS 5 COUNTY OF TARRANT BEFORE ME, the undersigned Notary Public, on this day per- sonally appeared ?"W*%sw of THE CTTY OF FOOT WOR Tai, k own o be the persons and officer whose name is subscrib !d to the foregoing instrument, a.nd acknow- ledged to me that he executed same for the purposes and consider- ation therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day -of A 1984. A N6tary Public Skate of Texas THE STATEE OF Illinois § COUNTY OF Dupage 5 BEFORE ME, the undersigned Notary Public, on this da-,, per- sonally appeared femme D. Girsch I Vice President of WASTE MANAGEMENT OF FORT WORTH, 1NTC. , known. to me to be the persons and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UND�ER MY HAND AND SEAL OF OFFICE this 3th day of v 1984. t'Fite of rlllir-­-'is 1"HE S71 ATE OF rIltnois ty COUNTY OF Dupage BEFORE ME, the undersigned Notary Public, on this d-ay ST per- sonany appeared ' Jerome D. Girsch Vice President of IvIAE MANAC 3EM ANT, Ik4C. , known to me to be the persons and officer wllos, name is subscribed to the fore goinq instrument, and acknowledged to me that he exectited same for the purposes and cons idera tl-ion therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SSEAL OF OFrTCE th- s 8tb day o f Say 1984. Notary Public,_t�tate of '11liaois Part of the J. Blackwell Survey, Abstract No. 148 situated about 4 miles north 88 degrees east from the courthouse in Tarrant County, Texas; and embracing a portion of the tract described in the deed to A. G. Carter recorded in volume 1911, page 211 of the Tarrant County Deed Records. 0 Beginning at a spike in asphalt In Oakland Boulevard for the northeast corner of the tract described in the deed to Mustafa Assi recorded in volume 6964, page 412 of the said Deed Records from which a 3/4" iron rod bears north 71 degrees-23 minutes west 30 feet; Thence north 71 degrees-23 minutes west, along the north line of said Assi tract, 991- 901100 feet to a 7/811 iron rod for the northwest corner of said Assi tract; Thence north 53 degrees-56 minutes-30 seconds east 391-40/100 feet; Thence north 55 degrees-56 minutes east 849-95/100 feet to a 7/8" iron rod from which a 5/8" iron rod bears south no degrees-30 minutes west 15 feet and north 89 degrees- 30 minutes west 7-7/10 feet; Thence north no degrees-30 minutes east, at 620-05/100 feet pass a 7/811 iron rod, In all 680-05/100 feet to a 7/811 iron rod In a line for the middle of East First Street, from which a 5/811 iron bears south no degrees-30 minutes west 75-1/10 feet and north 89 degrees-30 minutes west 8-3/10 feet and a railroad spike bears south no degrees-30 minutes west 11-6110 feet and south 89 degrees-30 minutes east 0-7/10 of a foot; Thence north 89 degrees-46 minutes east, along said line for the middle of East First Street, 599-23/100 feet to a 7/8" iron in asphalt for the intersection of the said line for the middle of East First Street and a line for the middle of Oakland Boulevard, from which a 3/4" iron rod bears south 89 degrees-46 minutes west 8-3/10 feet and north no degrees-14 minutes west 0-6/10 of a foot; Thence along said line for the middle of Oakland Boulevard: south 20 degrees-10 minutes-47 seconds west 127-57/100 feet; south 18 degrees-35 minutes-19 seconds west 50 feet; south 18 degrees-19 minutes-19 seconds west 50 feet; south 18 degrees-32 minutes-34 seconds west 50 feet; south 17 degrees-10 minutes-25 seconds west 50 feet; south 17 degrees-33 minutes-19 seconds west 50 feet; south 17 degrees-10 minutes-59 seconds west 50 feet; south 14 dep_2ees-58 minutes-09 seconds west 416-16/100 feet: south 17 degrees-48 minutes-07 seconds west 50 feet; south 18 degrees-14 minutes-57 seconds west 50 feet; south 20 degrees-08 minutes-30 seconds west 50 feet; south 21 degrees-29 minutes-33 seconds west 50 feet; south 22 degrees-04 minutes-18 seconds west 50 feet; south 22 degrees-34 minutes-41 seconds west 50 feet; south 24 degrees-27 minutes-39 seconds west 50 feet; south 25 degrees-56 minutes-19 seconds west 50 feet; south 26 degrees-42 minutes west 50 feet; south 28 degrees-49 minutes-30 seconds west 349-16/100 feet; south 29 degrees-56 minutes-22 seconds west 50 feet; south 30 degrees-38 minutes-26 seconds west 50 feet; south 30 degrees-42 minutes west 50 feet; south 30 degrees-59 minutes-25 secondr. west 54-72/100 feet to the place of beginning and containing 24-508/1000 acres of which 1-6/10 acres are within said Oakland Boulevard and said East First Street, leaving 22-908/1000 acres exclizive of said Streets. Being 116.7 acres of land out of the P. T. Welch Survey., Abstract No. 1642, and 'the J. Blackwell Survey, Abstract NO. 148, Tarrant County, Texas, and being a portion of that certain First Tract as conveyed to Carter Development Com- Pany, Inc., by deed recorded in Volume 1919, -Page 211, Tarrant County Deed Records and being more particularly described by inetes and bounds as follows: ' BEGINNING at a Point, said point being South 60.0 feet and West 600.0 feet from the centerline intersection of Randal -Mill Road and Oakland Boulevard; THENCE S 000411 W, 620.05 feet to a point; THENCE S 56-10- w, 849.95 feet to a point; THENCE S 54010*3011 W, 2225.1I feet to a point; THENCE West 670.0 feet to a point; .THENCE N 00*331 E, 1040.0 feet to a point; THENCE N 30-381 E- 200.0 feet to a point; THENCE N 07-22- E: 746.0 feet to a point; THENCE -N looSS, W, 300.0 feet to a point; THENCE N 78-25# E, 450.0 feet to a point; THENCE N 84-17- E, 650.-0 feet to a point; THENCE East 1950-0 feet to the Point Of Beginning and con- ' - taining 116.7 acres Of land.' EXHIBIT "A" Part of the J. Blackwell Survey, Abstract No. 148 situated about 4 miles north 88 degrees east from the courthouse in Tarrant County, Texas; and embracing a portion of the tract described In the deed to A. G. Carter recorded in volume 1911. page 211 Of the Tarrant County Deed Records. Beginning at a spike in asphalt in Oakland Boulevard for the northeast corner of the tract described in the deed to Mustafa Assi recorded in volume 6964, page 412 of the said Deed Records from which a 3/44 iron rod bears north 71 degrees-23 minutes west 30 feet; Thence north 71 degrees-23 minutes west, along the north line of said Assi tract, 991- 90/100 feet to a 7/8" iron rod for the northwest corner of said Assi tract; Thence north 53 degrees-56 minutes-30 seconds east 391-40/100 feet; Thence north 55 degrees-56 minutes east 849-95/100 feet to a 7/811 iron rod from which a 5/8n Iron rod bears south no degrees-30 minutes west 15 feet and north 89 degrees- 30 minutes west 7-7/10 feet; Thence north no degrees-30 minutes east. at 620-05/100 feet pass a 7/8" iron rod, in all 680-05/100 feet to a 7/8"iron rod in a line for the middle of East First Street, from which a 5/8" iron bears south no degrees-30 minutes west 75-1/10 feet and north 89 degrees-30 minutes west 8-3/10 feet and a railroad spike bears south no degrees-30 minutes west 11-6/10 feet and south 89 degrees-30 minutes east 0-7/10 of a foot; Thence north 89 degrees-46 minutes east, along said line for the middle of East First Street, 599-23/100 feet to a 7/8" iron in asphalt for the intersection of the said line for the middle of Fast First Street and a line for the middle of Oakland Boulevard, from which a 3/4" iron rod bears south 89 degrees-46 minutes west 8-3/10 feet and north no degrees-14 minutes west 0-6/10 of a foot; Thence along said line for the middle of Oakland Boulevard: south 20 degrees-10 minutes-47 seconds west 127-57/100 feet; south 18 degrees-35 minutes-19 seconds west 50 feet; south 18 degrees-19 minutes-19 seconds west 50 feet; south 18 degrees-32 minutes-34 seconds west So feet; south 17 degrees-10 minutes-25 seconds west 50 feet; south 17 degrees-33 minutes-19 seconds west 50 feet; south 17 degrees-10 minutes-59 seconds west 50 feet; south 14 degrees-58 minutes-09 seconds west 416-16/100 feet. south 17 degrees-48 minutes-07 seconds west 50 feet; south 18 degrees-14 minutes-57 seconds west 50 feet; south 20 degrees-08 minutes-30 seconds west 50 feet; south 21 degrees-29 minutes-33 seconds west So feet; south 22 degrees-04 minutes-18 seconds west 50 feet; south 22 degrees-34 minutes-41 seconds west 50 feet; south 24 degrees-27 minutes-39 seconds west 50 feet; south 25 degrees-56 minutes-19 seconds west 50 feet; south 26 degrees-42 minutes west 50 feet; south 28 degrees-49 minutes-30 seconds west 349-16/100 feet; south 29 degrees-56 minutes-22 seconds west 50 feet; south 30 degrees-38 minutes-26 seconds west 50 feet; south 30 degrees-42 minutes west 50 feet; south 30 degrees-59 minutes-25 seconds west 54-72/100 feet to the place of beginning and containing 24-508/1000 acres of which 1-6/10 acres are within said Oakland Boulevard and said FAA First Street, leaving 22-908/1000 acres exclusive of said Streets. EXHIBIT "B" Commencing at the northeast corner of said Assi tract in the middle of Oakland Boulevard from 3/4" iron bears north 71 degrees-23 minutes west, 30 feet; and then run, north 71 degrees-23 minutes west, along the north line of said Assi tract, at 30 feet pass a 3/4" iron, in all 430-53/100 feet to a 3/4" iron for the northeast and beginning corner of the tract being described. Thence southwesterly along the center line of an existing sanitary sewer line: south 58 degrees-25 minutes-13 seconds west 292-10/100 feet to a 3/4"' iron at a stake set by the City of Fort Worth for sanitary sewer manhole location; south 27 degrees-06 minutes-17 seconds west, 324-51/100 feet to a sanitary sewer manhole; south 27 degrees-02 minutes-57 seconds west, 424-63/100 feet to .a sanitary sewer manhole, south 15 degrees-16 minutea-04 seconds east,' 9-7/10 feet to a 3/4"iron in the south line of said Assi tract. Thence, southwesterly along the said south line of Aasi tract: south 74 degrees-43 minutes-56 seccifide west, 452-96/100 feet to a 3/4" iron; south 74 degrees-05 minutes-35 seconds went, 200-8/10 feet to a 3/4" iron; south 52 degrees-25 minutes-32 seconds we-at 235-54/100 feet to a 3/4" iron; south 30 degrees-51 minutes-33 seconds west, 370-54/100 feet to a 3/4" iron for the southerly southeast corner of said Assi tract; Thence south 89 degrees-59 minutai-07 seconds west, along the south line of said Assi tract, 183-67/100 feet to a 3/4" iron for the southwest corner of said Assi tract. Thence north no degrees-01 minutes west, along the west line of said Assi tract, 737-49/100 feet to a concrete monument for the westerly northwest, corner of said Assi tract. Thence north 53 degrees-56 minutes-30 seconds east, along the northwesterly line of said Assi tract, 1541-23/100 feet to a 7/80 iron for the north corner of said Assi tract. Thence south 71 degrees-23 minutes east, along the north line of said Assi tract, 561-37/100 feet to the place of beginning and containing 27-180/1000 acres. Exhibit "C"