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Home My WebLink AboutCC 2020-02-10 Agendas NORTH RICHLAND HILLS CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 MONDAY, FEBRUARY 10, 2020 WORK SESSION: 6:00 PM Held in the Council Workroom CALL TO ORDER 1 Discuss items from regular City Council meeting.., 2. Discuss and review residential street rgDhjagsL for proposed bond election, final recommendations of the 2020 Capital Programs Advisory Committee and draft election order. EXECUTIVE SESSION The City Council may enter into closed Executive Session as authorized by Chapter 551, Texas Government Code. Executive Session may be held at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the city attorney (551.071) as to the posted subject matter of this City Council meeting. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. 1 Section 551.087: Deliberation regarding economic development negotiations ® 7924 Maplewood REGULAR MEETING: Immediately following executive session (but no earlier than 7:00 p.m.) Held in the City Hall Council Chambers Monday, February 10, 2020 City Council Agenda Page 1 of 4 A. CALL TO ORDER A.1 INVOCATION - COUNCIL MEMBER COMPTON A.2 PLEDGE - COUNCIL MEMBER COMPTON A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) A.4 CITIZENS PRESENTATION An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the City Council during citizens presentation, a Public Meeting Appearance Card must be completed and presented to the City Secretary prior to the start of the City Council meeting. A.5 PUBLIC COMMENTS An opportunity for citizens to address the City Council on matters which are scheduled on this agenda for consideration by the City Council, but not scheduled as a public hearing. In order to address the City Council during public comments, a Public Meeting Appearance Card must be completed and presented to the City Secretary prior to the start of the City Council meeting. A.6 REMOVAL OF ITEM(S) FROM CONSENT AGENDA B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS B.1 gprove minutes of the Januaa 7, 22 City Council meeting B.2 FP 019-15 Consideration of a request from Linda Burket for a final plat of Lots 3-5, Block 1, Coulson Addition, being 1. 9 acres located at 6309 Crane Road. B.3 Approve esolution No. 02-2a4, authorizing submission of the application for the North Central Texas Council of Governments Traffic Incident Management 2020 Call for Projects Cost Reimbursement Program for the purchase of crash data retrieval equipment and software. C. PUBLIC HEARINGS Monday, February 10, 2020 City Council Agenda Page 2 of 4 C-1 SUP 2019-12, Ordinance No. 3638, Public hearing and consideration of a request from Craton Communications for a special use permit for a communications tower at 4921 Davis Boulevard, being .852 acres described as Lot 2R, Block 1, Hudiburg Addition. C.2 SUP 2019-13, Ordinance No. 3639 Public -tearing and consideration of a reguest from Woodcrest Capital for a special use permit for outside storage and display at 7520 NE Loop 820., being 16.366 acres described as L2Lf,_ELock 6, North illy Village. D. PLANNING AND DEVELOPMENT D-1 AP 2019-04 Consideration of a reguest from Rob Wetli for an amended plat of Lots 1R and 2R, Block 1, Mollie Collins Addition, being 0.435 acres located at 7805 Odell Street. D-2 PP 2019-08 Consideration of a request from MM City Point 53 LLC for a preliminary plat of City Point Addition Phase 2, being_5.897 acres located at 4201 City Point Drive. D-3 PP 2019-07 Consideration of a reguest from MM City Point 53 LLC for a preliminary plat of City Point Addition Phase 2, being_21.55 acres located at 4401 City Point Drive. E. PUBLIC WORKS E-1 Approve the release and termination of access easements and easement agreements within the former Calloway Farm Addition for the City Point Development. F. GENERAL ITEMS F-1 Consider and approve Resolution No. 2020-005, calling the May 2, 2020 City Council Election and authorizinq the Mayor to execute a joint election agreement with Tarrant County and other political subdivisions for election services. F-2 Consider and approve Resolution No. 2020-006, calling a and Election to be held May 2, 2 20 for the reconstruction and rehabilitation of streets, roads., sidewalks trails and related utilityand drainage improvements in an amount not to exceed $49,875,000.00. Monday, February 10, 2020 City Council Agenda Page 3 of 4 G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA H. INFORMATION AND REPORTS - COUNCIL MEMBER ORR H.1 Announcements I. ADJOURNMENT Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551 , Texas Government Code on Friday, February 7, 2020 by 3:00 PM. City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. Monday, February 10, 2020 City Council Agenda Page 4 of 4 "I r*4W NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 10, 2020 SUBJECT: Discuss items from regular City Council meeting. PRESENTER: Mark Hindman, City Manager SUMMARY: The purpose of this item is to allow City Council the opportunity to discuss any item on the regular agenda. GENERAL DESCRIPTION: The purpose of this standing item is to allow City Council the opportunity to inquire about items that are posted for discussion and deliberation on the regular City Council agenda. City Council is encouraged to ask staff questions to clarify and/or provide additional information on items posted on the regular or consent agenda. City Council may also elect to move items from the regular agenda to the consent agenda upon receiving clarification from staff on posted regular agenda items. IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 10, 2020 SUBJECT: Discuss and review residential street rankings for proposed bond election, final recommendations of the 2020 Capital Programs Advisory Committee and draft election order. PRESENTER: Paulette Hartman, Deputy City Manager GENERAL DESCRIPTION: Staff will review the 2020 Capital Programs Advisory Committee (CPAC) final recommendations for residential street reconstruction and rehabilitation projects to be considered as part of a bond election proposed by the committee. In addition, staff will review the draft election order calling a special election for May 2, 2020 that will appear as an item on the regular City Council meeting agenda. The CPAC has completed its recommendation to the Council related to street projects. In general, the recommendation of the CPAC is to hold an election in May of this year to seek approval from voters to issue up to $49,875,000 in General Obligation bonds to fund street projects, and that this amount can be funded over the next 5 to 9 years without increasing the property tax rate. The purpose of this item is to review the CPAC's final recommendations for residential street projects. This is also an opportunity for the Council to discuss the committee's overall recommendations along with the draft election order. We look forward to reviewing this information with you. "I r*4W NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 10, 2020 SUBJECT: Approve minutes of the January 27, 2020 City Council meeting. PRESENTER: Alicia Richardson, City Secretary SUMMARY: The minutes are listed on the consent agenda and approved by majority vote of Council at the City Council meetings. GENERAL DESCRIPTION: The City Secretary's Office prepares action minutes for each City Council meeting. The minutes for the previous meeting are placed on the consent agenda for review and approval by the City Council, which contributes to a time efficient meeting. Upon approval of the minutes, an electronic copy will be uploaded to the City's website. RECOMMENDATION: Approve minutes of the January 27, 2020 City Council meeting. MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL 4301 CITY POINT DRIVE JANUARY 27, 2020 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 27th day of January at 6.00 p.m. in the City Council Workroom prior to the 7.00 p.m. regular Council meeting. Present: Rita Wright Oujesky Mayor Pro Tern Tito Rodriguez Council, Place 1 Suzy Compton Council, Place 3 Mason Orr Council, Place 4 (present at 6.02 p.m.) Mike Benton Council, Place 5 Scott Turnage Council, Place 6 Absent: Oscar Trevino Mayor Tim Welch Council, Place 7 Staff Members: Mark Hindman City Manager Paulette Hartman Deputy City Manager Karen Manila Assistant City Manager Jimmy Perdue Director of Public Safety Mike Curtis Managing Director Alicia Richardson City Secretary Maleshia B. McGinnis City Attorney CALL TO ORDER Mayor Pro Tern Wright Oujesky called the meeting to order at 6.00 p.m. 1. DISCUSS ITEMS FROM REGULAR CITY COUNCIL MEETING. Mayor Pro Tern Wright Oujesky announced that Mayor Trevino and Council member Welch would be absent from the meeting. City Council had no questions for staff. Mayor Pro Tern Wright Oujeksy announced that City Council would move to item 3 to receive an update on the City Hall project close out. January 27, 2020 City Council Meeting Minutes Page 1 of 14 3. DISCUSSION OF CITY HALL PROJECT CONSTRUCTION CLOSE-OUT. Director of Public Safety Jimmy Perdue informed City Council the purpose of this item is to contractually notify City Council of all change orders related to the City Hall construction project. Over the course of seven years, there have been 15 change orders to the scope of work for the City Hall project with Balfour Beatty Construction. On October 24, 2019, the final change order (No.16), was approved and signed by all parties to officially close out the project. The final contract amount with Balfour Beatty Construction for the City Hall construction project is $64,478,259. The total project, which includes the building and the road is just in excess of $75,000,000. Mr. Perdue informed City Council, while the final change order officially closes the construction project, there are two items that were included in the document and the city and Balfour Beatty Construction have agreed to monitor and ultimately resolve the (1) proper building pressurization with the operation of the HVAC system and (2) leaks in the roof structure of the chiller yard area, which is over the top of the logistics area. Council member Orr present at 6.02 p.m. 2. REVIEW AND DISCUSS RECOMMENDATION OF THE 2020 CAPITAL PROGRAM ADVISORY COMMITTEE. Council member Turnage informed City Council the 2020 Capital Program Advisory Committee consisted of 35 residents appointed by the City Council at their September 23, 2019 meeting. The committee met six times from October 1, 2019 through January 7, 2020. The committee members reviewed and discussed the 2017 and 2019 citizen surveys. The committee also established evaluation criteria for the community index and reviewed street ranking. The committee and staff reviewed and discussed construction timelines for residential and major streets. The committee discussed and recommended the following changes to residential street construction standards to include rehabilitation of asphalt streets where possible and that sidewalks would not automatically be included in the construction. The city will realize a savings from $1000 per linear foot to $600.00 per linear foot with the removal of constructed sidewalks and rehabilitating existing asphalt streets with asphalt versus concrete. Council member Compton reviewed the committee's recommendations. - Conduct a bond election in May 2020; - Issuance of up to $49.875 million in general obligation bonds with no tax increase; - Amount of issuance will be limited to growth in tax revenues capped at 3% per year; - Recommended allocation of funds would be for 75% to major streets and 25% to residential streets; - Major roads would include Bedford-Euless Road, Glenview Drive, and Lariat Trail; January 27, 2020 City Council Meeting Minutes Page 2 of 14 - Committee to finalize rankings for residential streets considering candidates for rehabilitation Deputy City Manager Paulette Hartman informed City Council that staff would provide them additional information to show how the committee and staff arrived at the final rankings for residential streets. Managing Director Mike Curtis and Public Works Director Caroline Waggoner provided an overview of the information shared with the committee and how the data was used to rate the major and residential streets. Assistant City Manager Karen Manila provided an overview of the financial information related to issuance of bonds. City Manager Mark Hindman asked City Council what dollar amount they want staff to use for the bond issuance. Deputy City Manager Paulette Hartman commented that the committee recommends City Council call an election for May 2, 2020. If City Council agrees, staff will bring forward an election order at the next City Council meeting. The consensus of City Council is to move forward with issuance of up to $49.875 million in general obligation bonds. 3. DISCUSSION OF CITY HALL PROJECT CONSTRUCTION CLOSE-OUT. City Council discussed this item earlier in the meeting. EXECUTIVE SESSION 1. SECTION 551.072: DELIBERATE THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY - 9001 AND 9005 BOULEVARD 26 2. SECTION 551.087: DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS - 8707, 8735, 8859 AND 8867 BOULEVARD 26 Mayor Pro Tern Wright Oujesky announced at 7.02 p.m. that the City Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code, specifically Section 551.072: Deliberate the purchase, exchange, lease or value of real property - 9001 and 9005 Boulevard 26 and Section 551.087: Deliberation regarding economic development negotiations - 8707, 8735, 8859 and 8867 Boulevard 26. Executive Session began at 7.06 p.m. and concluded at 7.17 p.m. January 27, 2020 City Council Meeting Minutes Page 3 of 14 Mayor Pro Tern Wright Oujesky announced at 7.17 p.m. that City Council would convene to the regular City Council meeting. REGULAR MEETING A. CALL TO ORDER Mayor Pro Tern Wright Oujesky called the meeting to order January 27, 2020 at 7.24 p.m. Present: Rita Wright Oujesky Mayor Pro Tern Tito Rodriguez Council, Place 1 Suzy Compton Council, Place 3 Mason Orr Council, Place 4 Mike Benton Council, Place 5 Scott Turnage Council, Place 6 Absent: Oscar Trevino Mayor Tim Welch Council, Place 7 Staff Members: Mark Hindman City Manager Alicia Richardson City Secretary Maleshia B. McGinnis City Attorney A.1 INVOCATION Mayor Pro Tern Wright Oujesky gave the invocation. A.2 PLEDGE Mayor Pro Tern Wright Oujesky led the Pledge of Allegiance to the United States and Texas flags. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) A.3.1 2019 UNITED WAY CAMPAIGN PRESENTATION 2019 United Way Chair Ellen Cooper recognized the following committee members Antonio Evangelista (Co-Chair), Meagan Fendley (Former Chair), Billy Owens, Rachel Smith, Pam Meek, Dustin Orazi, Donna Carman, Cheryl Booth, Kathy Corley, Jeff Arnold, Katherine Ratcliff, Kandra Gibbs, Candice Simmons, Garrett Peek, Krista Henry, Chris Duxbury, Amanda Sandhu, Andrea Odean, Christy Hardy, Felisiano Yanes, and Ricky Bryant. January 27, 2020 City Council Meeting Minutes Page 4 of 14 The United Way Campaign raised $52,356. Ms. Cooper and United Way Committee members presented a check to United Way Senior Corporate Relations Manager Kintisha Williams. A.4 CITIZENS PRESENTATION There were no requests to speak from the public. A.5 PUBLIC COMMENTS There were no requests to speak from the public. A.6 REMOVAL OF ITEM(S) FROM CONSENT AGENDA No items were removed from the consent agenda. B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS APPROVED A MOTION WAS MADE BY COUNCIL MEMBER TURNAGE, SECONDED BY COUNCIL MEMBER ORR TO APPROVE THE CONSENT AGENDA. MOTION TO APPROVE CARRIED 6-0. B.1 APPROVE MINUTES OF THE JANUARY 13, 2020 CITY COUNCIL MEETING. B.2 MODIFY 2020 CITY COUNCIL MEETING SCHEDULE. B.3 AUTHORIZE PAYMENT TO MOTOROLA SOLUTIONS, INC., FOR THE ANNUAL PUBLIC SAFETY RADIO MAINTENANCE AGREEMENT IN THE AMOUNT OF $284,566.54. B.4 AUTHORIZE PAYMENT TO THE CITY OF FORT WORTH FOR THE ANNUAL PUBLIC SAFETY RADIO SYSTEM SERVICES INFRASTRUCTURE IN THE AMOUNT OF $175,320.00. B.5 APPROVE RESOLUTION NO. 2020-002, ADOPTING THE TARRANT COUNTY HAZARD MITIGATION ACTION PLAN, JANUARY 2020. C. PUBLIC HEARINGS January 27, 2020 City Council Meeting Minutes Page 5 of 14 CA ZC 2019-13, ORDINANCE NO. 3629, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM KEITH HAMILTON FOR A ZONING CHANGE FROM LR LOCAL RETAIL TO RD-PD REDEVELOPMENT PLANNED DEVELOPMENT AT 4170 WILLMAN AVENUE, BEING 0.649 ACRES DESCRIBED AS LOT 10, EDGLEY ADDITION. APPROVED Mayor Pro Tern Wright Oujesky announced that the public hearing for this item was opened at the January 13, 2020 City Council meeting and continued to the meeting tonight. Mayor Pro Tern Wright Oujesky called on Director of Planning Clayton Comstock to introduce the item. Mr. Comstock informed City Council the applicant is requesting a zoning change for 0.649 acres located at 4170 Willman Avenue. The area is designated on the Comprehensive Land Use Plan as retail commercial and the current zoning is local retail. Mr. Comstock provided site photos of the property. Applicant and property owner Keith Hamilton, 8241 Mid Cities Boulevard, North Richland Hills informed City Council that he and his wife purchased the property about a year and a half ago. The building is currently leased by GI-Mow Lawn Services. The owners of GI-Mow Lawn Services are Curtis and Kari Kinsey. The purpose for the zoning change is to allow the storage of trucks and trailers on site, which will be located in the back of the building. The requested zoning change will also allow a higher percentage for outside storage. If approved, they will pave 3,300 square foot area for the storage of trucks and trailers. Mr. Hamilton informed City Council the dumpster has been removed from their request, because Republic Waste said the dumpster needed to be located in front of the business, which was a concern for the Planning and Zoning Commission. Mr. Hamilton informed City Council the tenants will take their refuse to the dump. Mr. Hamilton informed City Council the request proposes a masonry wall in the back and the pole sign located in the front will be removed. In response to Mayor Pro Tern Wright Oujesky's question, Mr. Kinsey informed City Council he would take any trash from the business to the dump on a weekly or bi-weekly basis. Council member Benton asked the applicant if there will be any landscaping in the front of the business. Mr. Hamilton informed City Council the front will remain the same. He plans to restripe the parking area. Mr. Comstock presented staff's report. The primary reason for the zoning change is to allow outside storage. A masonry screening wall will be located on the east side of the property. The applicant is requesting a waiver to the masonry screening wall January 27, 2020 City Council Meeting Minutes Page 6 of 14 requirement for the north and south sides of the property. Currently a wood fence is located on the north and south sides. The Planning and Zoning Commission at their December 5, 2019 meeting, recommended approval with a vote of 5-0, subject to the refuse container being located to the side or rear of the building. The applicant has since removed reference to a refuse container. Mr. Comstock commented that the outside storage area must be paved with concrete surface. Council member Benton commented that he understands there is not a lot of area for landscaping, but would like to see some type of landscaping, such as zero landscaping. Mr. Comstock informed City Council with the applicant's acknowledgement of the two parallel parking spots located in front being removed; there is an opportunity to remove the pavement and add some crushed granite and zero landscaping. Mayor Pro Tern Wright Oujesky asked Mr. Comstock if the damaged curb, located by the parallel parking spots could be repaired. Mr. Comstock informed City Council their approval could include the condition to repair any damaged curbs or paving. In response to Council member Compton's question, Mr. Comstock clarified that the pole sign would be removed by the applicant. Any additional signage would comply with existing sign requirements. In response to Council member Compton's question, Mr. Hamilton informed City Council there are no plans to place a monument sign at the location. Council member Rodriguez asked if the curb repair is the responsibility of the property owner or the city. Mr. Comstock informed City Council a condition of their approval can include improvements to the property by the property owner. Mayor Pro Tern Wright Oujesky asked the City Secretary to call on those who completed a public meeting appearance form to speak during the public hearing. There being no one wishing to speak, Mayor Pro Tern Wright Oujesky closed the public hearing. City Manager Mark Hindman informed City Council that the city will repair the curb. A MOTION WAS MADE BY COUNCIL MEMBER BENTON, SECONDED BY COUNCIL MEMBER COMPTON TO APPROVE ZC 2019-13, TO INCLUDE STAFF'S REQUIREMENTS AND ADDITION OF LANDSCAPING WITHIN 100 SQUARE FEET BETWEEN BOTH CORNERS AND SOMEWHERE IN THE MIDDLE. MOTION TO APPROVE CARRIED 6-0. January 27, 2020 City Council Meeting Minutes Page 7 of 14 C.2 ZC 2019-19, ORDINANCE NO. 3631, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM HAMILTON DUFFY PC FOR A ZONING CHANGE FROM R-3 SINGLE-FAMILY RESIDENTIAL TO RI-PD RESIDENTIAL INFILL PLANNED DEVELOPMENT AT 8309 SAYERS LANE, BEING 0.46 ACRES DESCRIBED AS LOT 17, BLOCK 2, WOODBERT ADDITION. APPROVED Mayor Pro Tern Wright Oujesky announced that the public hearing for this item was opened at the January 13, 2020 City Council meeting and continued to the meeting tonight. Mayor Pro Tern Wright Oujesky called on Director of Planning Clayton Comstock to introduce the item. Mr. Comstock informed City Council the applicant is requesting a zoning change for 0.46 acres located at 8309 Sayers Lane. The area is designated on the Comprehensive Land Use Plan as low density residential and the current zoning is R-3 single family residential. Mr. Comstock provided site photos of the property. Applicant representative Mark Wood, 6617 Precinct Line Road, North Richland Hills presented request. Mr. Wood commented that Sayers Lane and Woods Lane were installed and platted in the 1940s. The existing lot is 96.5 feet deep and 208 feet wide. If approved, they will construct three residential lots. Mr. Comstock presented staff's report. Typically, requests for residential infill planned development require a separate common area open space. Given the size of the lot, the applicant has agreed to enhance individual lot landscaping and private-side open space. Each lot will have three trees, front yard will have a minimum 200 square foot of landscape beds, and privacy fences will be pre-stained board on board cedar fence and includes an allowance for ornamental metal. The home construction standards include minimum 2,000 square feet of living area; 8.12 roof pitch (minimum); porch required (8 feet depth); decorative elements; front-facing garages permitted; masonry mailboxes; and enhanced driveway requirements. The Planning and Zoning Commission, at their January 16, 2020 meeting, recommended approval with a vote of 5-0. In response to Mayor Pro Tern Wright Oujesky's question, Mr. Wood informed City Council the builder will provide a fence, but they will not have a double fence. The builder will work with the adjacent property owner if the existing fence needs to be repaired/replaced. Mr. Comstock reviewed two additional waivers requested by the applicant (1) the side building line requires 6 foot and applicant is requesting 5 foot and (2) rear yard open space requires 20% of lot to create a backyard space and applicant is requesting 12%. January 27, 2020 City Council Meeting Minutes Page 8 of 14 Mayor Pro Tern Wright Oujesky asked the City Secretary to call on those who completed a public meeting appearance form to speak during the public hearing. There being no one wishing to speak, Mayor Pro Tern Wright Oujesky closed the public hearing. A MOTION WAS MADE BY COUNCIL MEMBER COMPTON, SECONDED BY COUNCIL MEMBER RODRIGUEZ TO APPROVE ORDINANCE NO. 3631, ZC 2019-19. MOTION TO APPROVE CARRIED 6-0. C.3 SDP 2019-03, ORDINANCE NO. 3637, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM HKS, INC., FOR A SPECIAL DEVELOPMENT PLAN FOR AN ELEMENTARY SCHOOL IN THE 6700-6800 BLOCKS OF DAVIS BOULEVARD, BEING 10.94 ACRES DESCRIBED AS PORTIONS OF LOT 1, BLOCK 2, SMITHFIELD ADDITION; AND TRACTS 1B, 1135, 1136, AND 3131, CROCKETT SURVEY, ABSTRACT 273. APPROVED Mayor Pro Tern Wright Oujesky announced that Council members Benton and Compton have a conflict of interest and would abstain from discussion and voting on items C.3, D.1, and D.2. Council member Benton is employed with Birdville Independent School District and Council member Compton's spouse is employed (part-time) with Birdville Independent School District. Council members Benton and Compton filed an affidavit of disqualification with the City Secretary stating their conflict. Council members Benton and Compton left the dais at 8.15 p.m. Mayor Pro Tern Wright Oujesky opened the public hearing for item SDP 2019-03, Ordinance No. 3637 and called on Director of Planning Clayton Comstock to introduce items C.3, D.1, and D.2. Mr. Comstock informed City Council the applicant is requesting a special development plan for 10.94 acres located at 6700-6800 blocks of Davis Boulevard for the purpose of constructing a new Smithfield Elementary School campus (item C.3). The companion items (D.1 and D.2) are the preliminary plat and final plat for a total of 23.239 acres located at 6724 Smithfield Road. The plat includes city-owned property located on eastern boundary to Davis Boulevard and on southern boundary to Main Street. The area is designated on the Comprehensive Land Use Plan as transit oriented development and the current zoning is transit oriented development. Mr. Comstock provided site photos of the property. Birdville Independent School District (BISD) representative Conan Mathson, 6119 East January 27, 2020 City Council Meeting Minutes Page 9 of 14 Belknap Street, Haltom City, Texas presented request. Mr. Mathson reviewed requested variances associated with the special development plan. They prefer to do minimal work along Smithfield Road. Mr. Mathson commented that they will create a sidewalk curb to provide proper clearance around property poles and work will also include accessible ramp access. The asphalt located to the west of the existing playground will be removed and replaced with new landscaping. BISD is seeking variances for the screening wall, Smithfield Road streetscape, Northeast Parkway streetscape and parking lot landscaping. City Council and applicant discussed the variances for landscaping and screening wall. Mr. Mathson and project manager Mr. Abdullah Emad with RLG Consulting Engineers discussed the school district's plan to preserve existing trees along Smithfield Road. Mr. Mathson informed City Council the school district will construct a cedar fence along the entire property adjacent to residential property. Mr. Comstock presented staff's report. Mr. Comstock informed City Council that a traffic signal is planned to be located at the Northeast Parkway and Davis Boulevard intersection. Birdville Independent School District (BISD) was able to meet most of the transit oriented development requirements. The three primary variance waivers requested by the applicant include (1) request to install a wood fence in lieu of a masonry screening wall; (2) request a waiver to all streetscaping requirements along Smithfield Road, to include a wider sidewalk, street lights, trash receptacles, and bike racks. BISD requests to keep the existing sidewalk on Smithfield Road. BISD also requests a waiver of street trees along Northeast Parkway and proposes to place additional landscaping and trees in the proposed plaza entry to the school; and (3) request to comply with parking lot landscaping requirements that are required in all other zoning districts in lieu of transit oriented district parking lot landscaping standards. The Planning and Zoning Commission, at their January 16, 2020 meeting, recommended approval of SDP 2019-03, with a vote of 3-1-1 , with Commissioner Werner voting against and Commissioner Luppy abstaining. Mr. Comstock informed City Council the preliminary plat has outstanding comments from the Development Review Committee (DRC) and staff recommends approval with the conditions outlined in the DRC comments. Council member Orr asked the applicant if they have considered moving all school traffic to enter from Davis or Boulevard or Smithfield Road and if the traffic flow will be one way. Mr. Mathson commented that the school district has not discussed entrance to school coming from a specific road. Mr. Mathson commented that the goal of providing additional stacking on the property will alleviate any backup of vehicles. The student services and safety security departments will monitor the vehicular traffic, and if needed, will consult with the public safety department. January 27, 2020 City Council Meeting Minutes Page 10 of 14 A MOTION WAS MADE BY COUNCIL MEMBER ORR, SECONDED BY COUNCIL MEMBER RODRIGUEZ TO APPROVE ORDINANCE NO. 3637, SDP 2019-03. MOTION TO APPROVE CARRIED 4-0-2, WITH COUNCIL MEMBERS COMPTON AND BENTON ABSTAINING. D. PLANNING AND DEVELOPMENT DA PP 2019-09 CONSIDERATION OF A REQUEST FROM TEAGUE NALL & PERKINS FOR A PRELIMINARY PLAT OF LOTS 1 R AND 2, BLOCK 2, AND LOT 1, BLOCK 3, SMITHFIELD ADDITION, BEING 23.239 ACRES LOCATED AT 6724 SMITHFIELD ROAD. APPROVED This item was presented in conjunction with items C.3 and D.2. A MOTION WAS MADE BY COUNCIL MEMBER TURNAGE, SECONDED BY COUNCIL MEMBER ORR TO APPROVE PP 2019-09 WITH THE CONDITIONS OUTLINED IN THE DEVELOPMENT REVIEW COMMITTEE COMMENTS. MOTION TO APPROVE CARRIED 4-0-2, WITH COUNCIL MEMBERS COMPTON AND BENTON ABSTAINING. D.2 FP 2019-16 CONSIDERATION OF A REQUEST FROM TEAGUE NALL & PERKINS FOR A FINAL PLAT OF LOTS 1 R AND 2, BLOCK 2, AND LOT 1, BLOCK 3, SMITHFIELD ADDITION, BEING 23.239 ACRES LOCATED AT 6724 SMITHFIELD ROAD. APPROVED This item was presented in conjunction with items C.3 and D.1. A MOTION WAS MADE BY COUNCIL MEMBER RODRIGUEZ, SECONDED BY COUNCIL MEMBER TURNAGE TO APROVE FP 2019-16 WITH THE CONDITIONS OUTLINED IN THE DEVELOPMENT REVIEW COMMITTEE COMMENTS. MOTION TO APPROVE CARRIED 4-0-2, WITH COUNCIL MEMBERS COMPTON AND BENTON ABSTAINING. E. PUBLIC WORKS January 27, 2020 City Council Meeting Minutes Page 11 of 14 EA CONSIDER THE 2019 - 2020 PREVENTIVE STREET MAINTENANCE PROGRAM. APPROVED Council members Benton and Compton returned to the dais at 8.43 p.m. Public Works Operations Manager Boe Blankenship presented items E.1, E.2, and E.3. Mr. Blankenship shared that the 2019-2020 preventive street maintenance program in the amount of $2,600,000 includes 22 streets to receive asphalt overlay, 33 streets to receive asphalt slurry seal, 52 streets to receive asphalt crack seal, 3 streets to receive asphalt microsurface, 49 streets to receive concrete crack seal, and 24 streets to receive partial concrete replacement. The program also includes the rehabilitation of Meadow Road from Chapman Drive to Hightower Drive. This project is a partnership with Tarrant County Precinct #3. Item E.2 is the companion item for the Meadow Road project, which authorizes the city manager to enter into an interlocal agreement with Tarrant County to rehabilitate and resurface Meadow Road from Chapman Drive to Hightower Drive. Lastly, item E.3 authorizes purchases from multiple vendors to conduct the work addressed in the 2019-2020 preventive street maintenance program. A MOTION WAS MADE BY COUNCIL MEMBER RODRIGUEZ, SECONDED BY COUNCIL MEMBER COMPTON TO APPROVE THE 2019-2020 PREVENTIVE STREET MAINTENANCE PROGRAM. MOTION TO APPROVE CARRIED 6-0. E.2 AUTHORIZE THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH TARRANT COUNTY TO REHABILITATE AND RESURFACE MEADOW ROAD FROM CHAPMAN ROAD TO HIGHTOWER DRIVE. APPROVED This item was presented in conjunction with items E.1 and E.3. A MOTION WAS MADE BY COUNCIL MEMBER BENTON, SECONDED BY COUNCIL MEMBER ORR TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH TARRANT COUNTY TO REHABILITATE AND RESURFACE MEADOW ROAD FROM CHAPMAN ROAD TO HIGHTOWER DRIVE. MOTION TO APPROVE CARRIED 6-0. January 27, 2020 City Council Meeting Minutes Page 12 of 14 E.3 CONSIDER AUTHORIZING PURCHASES FROM MULTIPLE VENDORS FOR STREET RELATED MAINTENANCE ITEMS IN COMPLIANCE WITH LOCAL AND STATE COOPERATIVE AND COMPETITIVE PURCHASING POLICIES AND REGULATIONS. APPROVED This item was presented in conjunction with items E.1 and E.2. A MOTION WAS MADE BY COUNCIL MEMBER TURNAGE, SECONDED BY COUNCIL MEMBER RODRIGUEZ TO AUTHORIZE PURCHASES FROM MULTIPLE VENDORS FOR REGULARLY BUDGETED MAINTENANCE RELATED ITEMS IN COMPLIANCE WITH LOCAL AND STATE COOPERATIVE AND COMPETITIVE PURCHASING POLICIES AND REGULATIONS. MOTION TO APPROVE CARRIED 6-0. EA APPROVE RESOLUTION NO. 2020-003, AWARDING ADDITIONAL GRANT FUNDS FOR THE DAVIS AND MID CITIES INTERSECTION IMPROVEMENT PROJECT, APPROVE ASSOCIATED BUDGET REVISION TO THE FY 2019-2020 CAPITAL PROJECTS BUDGET TO INCLUDE THE ADDITIONAL FUNDING, AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE ADVANCE FUNDING AGREEMENT AMENDMENT. APPROVED Civil Engineer Justin Naylor presented item. A MOTION WAS MADE BY COUNCIL MEMBER RODRIGUEZ, SECONDED BY COUNCIL MEMBER TURNAGE TO APPROVE RESOLUTION NO. 2020-003. MOTION TO APPROVE CARRIED 6-0. F. GENERAL ITEMS There were no items for this category. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA Mayor Pro Tern Wright Oujesky announced there was no action necessary as the result of Executive Session. January 27, 2020 City Council Meeting Minutes Page 13 of 14 H. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Council member Compton made the following announcements. New York Times bestselling author Lisa Gardner returns to the NRH Library on Wednesday, January 29, 2020 to celebrate the release of her latest book When You See Me. A free speaking event will take place at 1.00 p.m. with a book signing to follow. Please contact the Library for more information. Join us for a free Spring gardening seminar on Saturday, February 1, 2020. The seminar will start at 9.30 a.m. in the Community Room at the Library. Expert gardeners will provide information on a variety of spring gardening topics and will be available to answer your questions. Please visit our website for more information. Dads, grandpas and uncles are invited to bring their daughters, granddaughters and nieces to the annual Daddy Daughter Valentines Dance on Saturday, February 1, 2020 in the Grand Hall at the NRH Centre. Tickets are on sale now at the NRH Centre Guest Services Desk. The dance does sell out, so get your tickets early. Please contact the NRH Centre for more information. Kudos Korner - Craig Gardner in Public Works - A resident called to report an issue with a utility contractor drilling through a sewer line. Craig Gardner responded and worked with the contractor to make sure the problem was quickly fixed. Afterwards, the resident called again to express thanks and praise for the service provided. The resident stated: "I have nothing but great things to say about Craig. I would not have the resolution I have without his help. Everything has been taken care of. Craig has been amazing." I. ADJOURNMENT Mayor Pro Tern Wright Oujesky adjourned the meeting at 9.03 p.m. Rita Wright Oujesky, Mayor Pro Tern ATTEST: Alicia Richardson, City Secretary January 27, 2020 City Council Meeting Minutes Page 14 of 14 "K NOKTH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 10, 2020 SUBJECT: FP 2019-15 Consideration of a request from Linda Burket for a final plat of Lots 3-5, Block 1, Coulson Addition, being 1.29 acres located at 6809 Crane Road. PRESENTER: Clayton Husband, Principal Planner SUMMARY: Linda Burket is requesting approval of a final plat of Lots 3-5, Block 1, Coulson Addition. This 1.29-acre property is located at 6809 Crane Road. GENERAL DESCRIPTION: The property is located on the west side of Crane Road north of Myranda Court. The property is currently developed with a single-family residence. The proposed final plat is intended to create three residential lots. Water and sanitary sewer service is available to the property. The property is currently zoned R-1 Single-Family Residential. This district requires a minimum lot size of 13,000 square feet, and the proposed lots range in size from 17,035 square feet to 20,809 square feet. The lots comply with the standards of the R-1 zoning district. LAND USE PLAN: This area is designated on the Land Use Plan as Low Density Residential. This designation promotes quality neighborhoods of conventional suburban single-family detached homes. General characteristics of these neighborhoods include a density of two to six dwelling units per acre and houses of one- and two-stories. Although most Low Density Residential neighborhoods are characterized by driveways accessing the street, some more pedestrian-oriented and/or narrower-lot neighborhoods may have driveways accessed from alleys. CURRENT ZONING: The property is currently zoned R-1 Single-Family Residential. This district is intended to provide areas for very low density development of single-family detached dwelling units which are constructed at an approximate density of 2.9 units per acre. The R-1 zoning was approved by Ordinance 3596 on August 26, 2019. TRANSPORTATION PLAN: The development has frontage on the following streets. Right-of-way dedication for these streets is not required for this plat. "K NOKTH KICHLAND HILLS Crane Road C21J Minor Collector Suburban Neighborhood 2-lane undivided roadway 60-foot right-of-way width SURROUNDING ZONING ( LAND USE: NORTH R-1 Single-Family Residential Low Density Residential Vacant WEST AG Agricultural Low Density Residential Single-family residence SOUTH R-2 Single Family Residential Low Density Residential Single-family residence EAST R-1 Single-Family Residential Low Density Residential Single-family residences AG Agricultural PLAT STATUS: The property is currently unplatted. ROUGH PROPORTIONALITY DETERMINATION: The developer is responsible for 100% of all paving, water, sanitary sewer, and drainage infrastructure needed to support the development in accordance with the city's design criteria. DRC REVIEW & RECOMMENDATION: The Development Review Committee (DRC) recommends approval of the plat, which is in conformance with the subdivision regulations and the zoning ordinance. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission considered this item at the January 16, 2020, meeting and voted 5-0 to approve the plat with the conditions outlined in the Development Review Committee comments. The applicant has revised the plat to address all conditions. RECOMMENDATION: Approve FP 2019-15. Slll Q L,o 2 z m 2 Z (7 = o a N N N c-I c-I S vo s77iH 108 4N38 SOZtf2i w � U A � � O o N z_ 3 3NVH3 Q Z Ali ar 3 S lyl 1�� o N nn m a 2°sp a L LU 6 v~i o Q z- _ a L,o 0 nam'. CD cc i m � m ' u T t / xr � w � A / it �� ✓,�' bA C6 0 Q O O -E. O - __ ga a C= - sx o __ ^Yk - aD up d ir �=E P� (M OT/NLOIM 3TeYltll+�) e " OVOL 3NV8J ,FL'06Z 3„80,8Z.00 S ,AA .86 C8 wll`gad �w .bra illQ� VQN NIQN IN > w M O Q In ~O r apN� VM N1� �aW I;01 - Om N II 01 - ILl <01 OU o e N Km __ ____ 6„ _______ >a sm.deL __ .,.,.. a �-- 3n s� JI8 wpnm ____ ______89 -------�Ol v-'68 __ _ ___ z o ---- - ,ZO'bSZ M,6S,9LZ0 N m F� I I =¢ S LOT 2,BLOCK 1 COULSON ADDITION as VOL.388-174,PG.82 1 a P.F.TCT, hma ZONING: AG - P 1 Id-Pa —29-14 \1--0£\HeN-Pa—'D A— £Lo\A MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL, 4301 CITY POINT DRIVE JANUARY 16, 2020 CA FP 2019-15 CONSIDERATION OF A REQUEST FROM LINDA BURKET FOR A FINAL PLAT OF LOTS 3-5, BLOCK 1, COULSON ADDITION, BEING 1.29 ACRES LOCATED AT 6809 CRANE ROAD. APPROVED WITH CONDITIONS Chair Welborn introduced the item and called for Planning Director Clayton Comstock to introduce the request. Mr. Comstock introduced the request. Chair Welborn called for the applicant to present the request. Linda Burket, 6809 Crane Road, North Richland Hills, Texas presented the request. Chair Welborn called for Mr. Comstock to present the staff report. Mr. Comstock presented the staff report. A MOTION WAS MADE BY COMMISSIONER LUPPY, SECONDED BY COMMISSIONER WERNER TO APPROVE FP 2019-15 WITH THE CONDITIONS OUTLINED IN THE DEVELOPMENT REVIEW COMMITTEE COMMENTS. MOTION TO APPROVE CARRIED 5-0. January 16, 2020 Planning and Zoning Commission Meeting Minutes Page 1 of 1 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 10, 2020 SUBJECT: Approve Resolution No. 2020-004, authorizing submission of the application for the North Central Texas Council of Governments Traffic Incident Management 2020 Call for Projects Cost Reimbursement Program for the purchase of crash data retrieval equipment and software. PRESENTER: Jimmy Perdue, Director of Public Safety SUMMARY: The North Central Texas Council of Governments (NCTCOG) has announced the Traffic Incident Management 2020 Call for Projects. This funding is available to purchase equipment and technology to be used to mitigate traffic incidents in the North Texas nonattainment area. The police department will use the funds to purchase a crash data retrieval premium pro kit and software to aid in the investigation of vehicle crashes. Crash data retrieved from the vehicle's safety system can provide a much clearer understanding of what happened before, during and after the crash. GENERAL DESCRIPTION: The police department is seeking authorization to apply for the NCTCOG's Traffic Incident Management 2020 Call for Projects Cost Reimbursement Program. Funds may be used for state-of-the-art traffic surveillance, traveler notification, and crash investigation equipment that can aid in the quick detection and clearance of traffic incidents keeping motorists and first responders safe on the roadway. The police department will use the funds to purchase a crash data retrieval premium pro kit and software to be used in the investigation of vehicle crashes. During the investigation of vehicle crashes, crucial data parameters retrieved from the crash data stored in the vehicle's safety system can assist in accident reconstruction and help to better understand many of the elements that may have led up to the crash, including vehicle speed, seat belt status, and steering input recorded by the vehicle in question. The crash data is unbiased, proven, accurate and defensible. It is one of the most important pieces of evidence to be collected and evaluated as part of a vehicle crash investigation. Projects will be awarded through a competitive selection process. The total application request is for $27,338.00, and there is no match requirement. Approved project expenses will be reimbursed after submitting the appropriate documentation to NCTCOG. RECOMMENDATION: Approve Resolution No. 2020-004. RESOLUTION NO. 2020-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AUTHORIZING SUBMISSION OF THE FUNDING REIMBURSMENT APPLICATION FOR THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS TRAFFIC INCIDENT MANAGEMENT 2020 CALL FOR PROJECTS COST REIMBURSEMENT PROGRAM WHEREAS, The City of North Richland Hills, Texas possesses legal authority to apply for and to make appointments for the conduct of business relative to the North Central Texas Council of Governments (NCTCOG) Traffic Incident Management 2020 Call for Projects Cost Reimbursement Program, designed to provide funding for equipment and technology to be used to mitigate traffic incidents in the North Texas nonattainment area; and WHEREAS, The City Council of North Richland Hills finds it is in the best interest of the citizens of North Richland Hills to request the funds available under this program to acquire a crash data retrieval premium pro kit and software; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: SECTION 1. The City Council hereby finds that the recitals set forth above are true and correct and are incorporated into this Resolution as if written herein. SECTION 2. The City Council of North Richland Hills hereby authorizes and approves the submission of the application for the NCTCOG Traffic Incident Management 2020 Call for Projects Cost Reimbursement Program and make appointments for the conduct of business relative to the program. SECTION 3. The City Council of the City of North Richland Hills designates Public Safety Director Jimmy Perdue as the grantee's authorized official, with the power to apply for, accept, reject, alter or terminate the funding request on behalf of the applicant agency. SECTION 4. The City Council of North Richland Hills agrees that the loss of loss or misuse of NCTCOG funds or failure to comply with all Call For Projects award requirements may result in suspension or termination of award funds, the repayment of award funds, and/or other remedies available by law. SECTION 5. This Resolution shall take effect and be in full force and effect from and after the date of its adoption, and it is so resolved; and all Resolutions of the City Council of the City in conflict herewith are hereby amended or repealed to the extent of such conflict. Resolution No. 2020-004 Page 1 of 2 PASSED AND APPROVED on this loth day of February, 2020. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Jimmy Perdue, Public Safety Director Resolution No. 2020-004 Page 2 of 2 "K NOKTH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 10, 2020 SUBJECT: SUP 2019-12, Ordinance No. 3638 Public hearing and consideration of a request from Crafton Communications for a special use permit for a communications tower at 4921 Davis Boulevard, being 2.852 acres described as Lot 2R, Block 1, Hudiburg Addition. PRESENTER: Clayton Husband, Principal Planner SUMMARY: On behalf of Public Storage, Crafton Communications is requesting a special use permit (SUP) for a 75-foot tall communications tower. The tower site is located at the southwest corner of the Public Storage self-storage facility lot located at 4921 Davis Boulevard. The overall property is located on the west side of Davis Boulevard north of the Boulevard 26 and Bedford-Euless Road intersection. GENERAL DESCRIPTION: The zoning ordinance requires approval of an SUP for any communications tower over 45 feet in height. Communication towers are permitted by SUP in all nonresidential zoning districts. The zoning ordinance also provides for regulations and standards for communication towers. These standards are intended to minimize the adverse visual effect of the towers, provide careful siting of tower structures, and maximize the opportunities for co-location of multiple service providers. The wireless provider associated with this application is AT&T. A site plan for the proposed tower is attached. In addition, a letter from the applicant is attached, which provides more detail about the request and compares existing and future cellular coverage. The total property is 2.85 acres in size, but the lease area for the communication tower is a 1,112-square-foot area located at the southwest of the property. Planned improvements to the site include a 75-foot monopole tower and associated ground equipment. The antenna arrays are located on the exterior of the tower. The tower is designed to accommodate four wireless carriers. The lease area is accessed from the fire lane on the property. There are not any buildings proposed for the site. All equipment would be located in outdoor cabinets. "K NOKTH KICHLAND HILLS Section 118-768(b) of the zoning ordinance requires that �� e tower locations conform to the adopted Communication Tower Buffer Zone Map. These standards require a 300-foot buffer from residentially zoned property, a 150-foot buffer from arterial streets and commuter rail lines, and a 1,500-foot buffer from another communication tower. The location of the W@6M1%6 d4itMi fn6 proposed tower satisfies these setbacks, as shown in the map to the right. The green areas represent locations that conform to the setback standards. Applications for special use permits provide an opportunity to address modifications to specific development standards for the site and consider reasonable conditions on the operation, location, arrangement, and manner of construction. A requested modification to the standards and a recommended landscape enhancement is described in more detail below. All other development standards for communication towers have been satisfied. Tower setback The applicant is requesting a modification of the required tower setback for the property. The standards require that the tower be located in such a manner that if the structure should fall along its longest dimension it will remain within the property boundaries and avoid habitable structures and streets. Based on the proposed tower height, the required setback from all property lines is 75 feet. The tower location meets this standard on the north and east sides. The applicant is requesting a setback of 4 feet-11 inches on the south side and 20 feet-2 inches on the west side. There are not any habitable structures located within 75 feet of the tower. Masonry screening wall The lease areas for communications towers are required to be screened by a masonry screening wall at least six feet in height. The applicant is requesting a waiver from this standard due to the commercial nature of the site and surrounding development. The boundary of the self-storage facility lot is fenced with a chain link fence. Landscape enhancement Communication tower sites are required to be landscaped. While the proposed tower site is on a developed lot, previous SUP approvals have included landscaping designed to screen and soften the view of ground equipment and screening walls. However, the location of the equipment is not a suitable area for these improvements. In order to fairly apply this standard at this location, the DRC recommends that an equivalent area of landscaping improvements be made to the area adjacent to Davis Boulevard near the entrance to the property. A conceptual landscape plan is included in the special use permit exhibits. The landscaping materials complement the drought-resistant landscape theme used on Davis Boulevard north of the site. The landscape plan will be adjusted to ensure that the location of landscape materials complies with visibility sight triangles at the driveway. "K NOKTH KICHLAND HILLS LAND USE PLAN: This area is designated on the Land Use Plan as Retail Commercial. This designation provides sites for community and regional shopping centers, commercial establishments, and employment centers. These sites are typically located on highways and major thoroughfares at key intersections. CURRENT ZONING: The property is currently zoned C-2 Commercial. This district is intended to provide for the development of retail and general business uses primarily to serve the community and region. Uses include a wide variety of business activities and may involve limited outside storage, service, or display. The C-2 district should be located away from low and medium density residential development and should be used as a buffer between retail and industrial uses. The district is also appropriate along business corridors as indicated on the land use plan. SURROUNDING ZONING ( LAND USE: NORTH C-2 Commercial Retail Commercial Offices WEST C-2 Commercial Retail Commercial Automobile dealership SOUTH C-2 Commercial Retail Commercial Automobile dealership EAST PD Planned Development Retail Commercial Office and commercial uses PLAT STATUS: The property is platted as Lot 2R, Block 1, Hudiburg Addition. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission conducted a public hearing and considered this item at the January 16, 2020, meeting and voted 5-0 to recommend approval. RECOMMENDATION: Approve Ordinance No. 3638. "o N33HOF 7�g. 3ldVW 0 ba, �g NN Odb��1200 o oLL o O Ld N N O pp a SIAVG d�a38oa �, Z W XONVN 331 Nvsns 0 o m lb VNNVA8VW OQ Z � a 33AO1O m a3ONIM Z-< m a r ��'7 r✓ Pl(J ar I �+� � a�rt� + � i✓ o � mh � d N r ��'a ��F � J v✓�� ✓r a u� i r✓// i Iff Y�� I�i7f Fui✓�� / unr qq rif I r, �I �. ✓" ✓Cr �� aril � �� I� �d✓rn'%�� f � ✓/J71�� '.I, l I` ih�'I!l 0�1�,➢ � �� r� a�,�r�o a � iaw✓m mrt�ry i��s�r:! 1 � a O ( N ')IS, h",w,uv ,, �u✓rsIl N � r i�ur� >@rmvi r � owce�% w a�/��'�' ✓� � fp�',�o rw� �� /r/��o✓% iki' � l� a �:. � �� °f��/� � � 1 '" Il1V� � ��n r e Ir r f " au,,,,, N/�� rl��r>�� ✓a c6 i�r�4i9�(��, ii��i G�l �S� l✓ ,� �raru�r�`vr�rliii>X�IR1r�Ul6l1�` �� ri /��//i��n�� "wi r/ ��lJ �✓�rlr °�"� /�'�//%t/ i// DIIO/%i%f/%//%ll/O%%/O%�% ///%%///%�%a%//O/O�/7TIIIIOIut,(�f�llllllJJJI� �I �i ✓`/�/��i'%/�((f�i�� q � � � :� d✓ ��p'�� l�r r Oev� 1N 'l f K n a a w" � ��/� JG/ ✓�� wem�� C6 jq RH PUBLIC HEARING NOTICE NORTH RICHi.a.rhND HILLS CASE: SUP 2019- 12 You are receiving this notice because you are a property owner of record within 200 feet of the property requesting a special use permit as shown on the attached map. APPLICANT Crafton Communications LOCATION 4921 Davis Boulevard REQUEST Public hearing and consideration of a request from Crafton Communications for a special use permit for a communications tower at 4921 Davis Boulevard, being 2.852 acres described as Lot 2R, Block 1, Hudiburg Addition. DESCRIPTION Proposed 75-foot tall communications tower located in the southwest corner of the self-storage facility lot PUBLIC HEARING DATES Planning and Zoning Commission 7:00 PM Thursday, January 16, 2020 City Council 7:00 PM Monday, February 10, 2020 MEETING LOCATION City Council Chambers-Third Floor 4301 City Point Drive North Richland Hills, Texas People interested in submitting letters of support or opposition are encouraged to contact the Planning & Zoning Department for additional information. Letters must be received by the close of the City Council public hearing. Because changes are made to requests during the public hearing process, you are encouraged to follow the request through to final action by City Council. Planning and Zoning Department 1 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com FOR MORE INFORMATION, VISIT NRHTX.COM/MAP > w d � MAPLEWOOD cr w _ . Lu Cp _ d BIRCHWOOD z z r CLENI5 w w z w d 10, SHORT Zysa _ a QOpp _ iy$�o &"o / BEDFORD-EULESS � iV �uVii mul I yy II 4i M i I N E f E E _.. W aNIUE moue u f i HIM. E E D 1 e F 1I ji f al 2 N vF axE San .., ,rurr.r� GPI vE L N GSE m�t,£n FY rb .� 60rvc uTre Ili i� n r LIT s ' �9a0Gm m... i yam,, &T Ebd auErvT LEpS ITTI, v' •n^y"'^� 'vr�. J t 1"a rr TOVCx LEDSE rr<r �� ILITvrFINEu E sEmEM' e., � 2Y--��' t,02565 SP FT Planning and Zoning Department 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com NOTIFIED PROPERTY OWNERS SUP 2019-12 AUTONATION FORT WORTH MOTORS 200 SW 1ST FL 14 AVE FORT LAUDERDALE FL 33301 BOWERS HOMES LLC 4925 DAVIS BLVD MANSFIELD TX 76063 MAPLEWOOD BAPTIST CHURCH 7708 MAPLEWOOD AVE NORTH RICHLAND HILLS TX 76180 PUBLIC STORAGE INC PO BOX 25025 GLENDALE CA 91221 TAVESCO INC 729 GRAPEVINE HWY#311 HURST TX 76054 WEBY HOLDINGS LLC 805 AVENUE H EAST,SUITE 501 ARLINGTON TX 76011 t� ' CRAFTON C ^OM M U NIII CAT I ON 8 October 30, 2019 The Honorable Members of The North Richland Hills City Council and The Planning and Zoning Commission 4301 City Point Drive North Richland Hills,TX 76180 RE: Request-Special Use Permit for a Communications Tower at 4921 Davis Blvd. Dear Members of the City Council and Planning and Zoning Commission: AT&T, represented by Crafton Communications, is pleased to submit this Application for SUP to allow the installation of a 75 ft Monopole Communications Tower on C-2 Commercial property at 4921 Davis Blvd. The proposed site is part of a Public Storage facility currently operating at that location. The primary tenant on the communication tower will be AT&T. The subject study area for this facility is generally the commercial district centered on Davis Boulevard between Loop 820 and Harwood Road. Recently, there has been a significant increase in wireless service demand for the very limited capacity in this part of the City. One of the attached exhibits is made up of two maps,one showing current coverage,and the other showing proposed improvements to that coverage made possible by placing the new telecommunications site into operation. While looking for the best location for the tower,AT&T needed to find a location as close to the center of the study area as possible. This site does a very good job of improving coverage within the entire area. The AT&T search for a site was thorough, and it should be noted that there were no opportunities for collocating on existing structures, an option that is much preferred whenever possible. With approval of this site, the City also will be encouraging other telecom carriers to collocate on the AT&T structure, which will be made available for leasing at market rates established by master lease agreements within the industry. Finally,AT&T is happy to address the project's land use compatibility. In the immediate area surrounding the site there are a variety of commercial and light industrial uses. The AT&T site will be compatible with this district. AT&T is proud to be of service to the people who call North Richland Hills home. This un-manned site will work hard to serve the community without placing any service demand on drainage, water, sewer, schools, parks or roads. We look forward to visiting with you regarding this project. Doug Henderson, AICP Site Acquisition Contractor Ciraftoin Courwwurwwuuriliicatliioii'is, Iiric. 1,870 Crow in IlDirVive, Suite 111500 Dall1as.....�1i X 75234 817-729-7006 ................... ......................."..................................................................................... ........................ ............... ............... SIGNAL STRENGTH �Red: es"t Signal Stiireiingtl,�� .................................................................................................................................................................................................................................... p, EXISTING CONDITIONS .......................T'........................ lu'00"A" gr a, IN 11Z Alm M aalljz""%.'r,)ro>/uncio", or br I'll,fir/V16 f mm A IN iligola"i"W SIGNAL STRENGTH AS PROPOSEDIIII IIISignaluruIlPiin / i at Of / t /� �w l 10 o i // f I'd a i �� I�° 14/10 nip"/,J«r / r sIh (Before) r„y,eU r„r� /iriii r,I� �✓,,:laaerr/N Ash (After) BOG' ��///�,��rUf/�U�✓////lU%/rljll/f/ t'�� ry��r/�^r, j�iy �m k r j. AFTER ELEVATION KEYED INO7TES: e,d 1. NEW 75"MONOPOILE. MONOPOLE TO HAVE A m.. GALVANIZED FINISH � cc Cal a 3, r COXL01003 DAVIS/BI CHWOOD 49211 DAVIS BLVD., NORTH RI HLAND HILLS, TX 76180 +s e c www�w„ I M n oD 'gi "I. J e, 7� r ry I all i ...,�r„ ... .. jai... AFTER ELEVATION KEYED 1NO7T S:� ul T. MONOPOLE 75'f MO O POlLE, A HAVE A GALVANIZED RNISH cc Ln Cal r c 9n /�AG LA E Iffimm 49211 DAVIS BLVD., NORTH RI HLAND HILLS, TX 76180 +s e c wwww SiinoD U I i �,wk a � ; r% Po Clenis (Before) Clenis (After) AFTER ELEVATION KEYED IC Ol TES: a a II, tTo MONOPOLE TO HAVE A b GALVANIZED FINISH r, �l iiii y..y cc e s. I Ga. J r E= l raa a E Ln 100I 0 D L01003 DAVI /BIIBCHW D Iffi49211 DAVIS BLVD., NORTH RI HLAND HILLS, TX 76180 +s e c www�w„ I M n oD 'gi /// �/rjjlii r % / DViS Before / /�/ �� i pa 14 J / rrrr, Ater) of fk.F AFTER ELEVATION KEYED(NOTES:� } w MONOPOLE TO HAVE A NII a GALVANIZED FVS'H � l/�d�� 8 WEB W��W��Vo�i d'il Ili IlOfif�i I lil Ni i i ry 'llll�uiiiili r me Lnl Cal cc - a E DXL 100l3 IB IS/BIRCHWOOD 49211 DAVIS BLVD., NORTH RICHLAND HILLS, TX 76180 +s e c www�w„ I M n oD 'gi ORDINANCE NO. 3638 SPECIAL USE PERMIT CASE SUP 2019-12 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AMENDING THE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, AND THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS BY APPROVING A SPECIAL USE PERMIT FOR COMMUNICATIONS TOWER TO BE LOCATED AT 4921 DAVIS BOULEVARD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR SEVERABILITY; ESTABLISHING A PENALTY; PROVIDING FOR SAVINGS; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas is a home-rule municipality located in Tarrant County, Texas acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Zoning Ordinance of the City of North Richland Hills regulates and restricts the location and use of buildings, structures, and land for trade, industry, residence, and other purposes, and provides for the establishment of zoning districts of such number, shape, and area as may be best suited to carry out these regulations; and WHEREAS, the City Council has previously passed an ordinance adopting the Vision203O Land Use Plan as the primary document on which to base all zoning, platting, and other land use decisions; and WHEREAS, the Vision203O Land Use Plan map provides guidance for future development in conformance with the adopted Vision203O Land Use Plan; and WHEREAS, the owner of the property containing approximately 2.852 acres of land located at 4921 Davis Boulevard (the "Property") has filed an application for a special use permit to construct a communications tower; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on January 16, 2020, and the City Council of the City of North Richland Hills, Texas, held a public hearing on February 107 2020, with respect to the special use permit described herein; and Ordinance No. 3638 SUP 2019-12 Page 1 of 4 WHEREAS, the City has complied with all requirements of Chapter 211 of the Local Government Code, the Zoning Ordinance of the City of North Richland Hills, and all other laws dealing with notice, publication, and procedural requirements for rezoning the Property; and WHEREAS, upon review of the application, and after such public hearing, the City Council finds that granting the request herein furthers the purpose of zoning as set forth in the Zoning Ordinance of the City of North Richland Hills and that the zoning change should be granted, subject to the conditions imposed herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: That the Zoning Ordinance of the City of North Richland Hills is hereby amended by approving a special use permit to authorize a communications tower to be constructed on Lot 2R, Block 1, Hudiburg Addition, commonly referred to as 4921 Davis Boulevard, as described and shown on Exhibit "A," attached hereto and incorporated for all purposes. Section 2: The City Council finds that the information submitted by the applicant pursuant to the requirements of the Zoning Ordinance is sufficient to approve the special use permit in accordance with the Land Use and Development Regulations, set forth in Exhibit "B," and the Special Use Permit Exhibits, set forth in Exhibit "C," both of which are attached hereto and incorporated for all purposes. Section 3: That the official zoning map of the City of North Richland Hills is amended and the Planning Director is directed to revise the official zoning map to reflect the approved special use permit, as set forth above. Section 4: The use of the property described above shall be subject to all applicable regulations contained in the Building and Land Use Regulations and all other applicable and pertinent ordinances of the City of North Richland Hills. Section 5: The zoning district as herein established has been made in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the community. Section 6: This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of North Richland Hills, Texas, as amended, except when the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such code, in which event the conflicting provisions of such ordinances and such code are hereby repealed. Ordinance No. 3638 SUP 2019-12 Page 2 of 4 Section 7: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. Section 8: Any person, firm or corporation violating any provision of the Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 9: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances governing zoning that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 10: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Section 11: This ordinance shall be in full force and effect immediately following publication as required by Section 10 hereof. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 10th day of February, 2020. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor Ordinance No. 3638 SUP 2019-12 Page 3 of 4 ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Clayton Comstock, Planning Director Ordinance No. 3638 SUP 2019-12 Page 4 of 4 Exhibit A— Property Description —Ordinance No. 3638—Page 1 of 1 Special Use Permit Case SUP 2019-12 Lot 2R, Block 1, Hudiburg Addition 4921 Davis Boulevard, North Richland Hills,Texas Being Lot 2R, Block 1, Hudiburg Addition, an addition to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in Volume 388-144, Page 22, Plat Records, Tarrant County, Texas, being described in deed to Public Storage Inc., recorded in deed Volume 7172, Page 274, Deed Records,Tarrant County,Texas. Exhibit B— Land Use and Development Regulations—Ordinance No. 3638— Page 1 of 1 Special Use Permit Case SUP 2019-12 Lot 2R, Block 1, Hudiburg Addition 4921 Davis Boulevard, North Richland Hills,Texas This Special Use Permit (SUP) shall adhere to all the conditions of the North Richland Hills Code of Ordinances, as amended, and the base zoning district of C-2 Commercial. The following regulations shall be specific to this Special Use Permit. Where these regulations conflict with or overlap another ordinance, easement, covenant or deed restriction, the more stringent restriction shall prevail. A. Permitted use. A special use permit is authorized for one (1) communications tower on the property. B. Communications tower standards. The communications tower must comply with the standards described below. 1. The location of the tower and ancillary equipment shall be as shown on the site plan attached as Exhibit "C." 2. The overall height of the communications tower must not exceed seventy-five (75) feet. 3. The tower must be designed to accommodate at least four (4) wireless carriers. C. Site development standards.The site development must comply with the standards described below. 1. The tower setback from the south property line must be at least four (4) feet. 2. The tower setback from the west property line must be at least twenty(20)feet. 3. The lease area may be enclosed by a six-foot tall chain link fence internal to the property. If the property owner removes or replaces the fence on the south property line, the new fence adjacent to the lease area must comply with the masonry screening wall standards contained in Section 118-768(f) of the zoning ordinance. 4. Landscaping must be installed as shown on the site plan attached as Exhibit "C." The landscape plan is subject to final approval by the Development Review Committee. D. Amendments to Approved Special Use Permits. An amendment or revision to the special use permit (SUP) shall be processed in the same manner as the original approval.The application for an amendment or revision shall include all land described in the original ordinance that approved the SUP. The city manager or designee may approve minor amendments or revisions to the SUP standards provided the amendment or revisions does not significantly: 1. Alter the basic relationship of the proposed uses to adjacent uses; 2. Change the uses approved; 3. Increase approved densities, height, site coverage, or floor areas; Exhibit B— Land Use and Development Regulations—Ordinance No. 3638— Page 2 of 1 Special Use Permit Case SUP 2019-12 Lot 2R, Block 1, Hudiburg Addition 4921 Davis Boulevard, North Richland Hills,Texas 4. Decrease on-site parking requirements; 5. Reduce minimum yards or setbacks; or 6. Change traffic patterns. 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APPROVED Chair Welborn introduced the item, opened the public hearing, and called for Planning Director Clayton Comstock to introduce the request. Mr. Comstock introduced the request. Chair Welborn called for the applicant to present the request. Doug Henderson, 1870 Crown Drive, Suite 1500, Dallas, Texas presented the request. Chair Welborn and the applicant discussed the stealth tower option for this location. Chair Welborn called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Chair Welborn closed the public hearing. A MOTION WAS MADE BY COMMISSIONER OLVEY, SECONDED BY COMMISSIONER WERNER TO APPROVE SUP 2019-12. MOTION TO APPROVE CARRIED 5-0. January 16, 2020 Planning and Zoning Commission Meeting Minutes Page 1 of 1 "K NOKTH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 10, 2020 SUBJECT: SUP 2019-13, Ordinance No. 3639, Public hearing and consideration of a request from Woodcrest Capital for a special use permit for outside storage and display at 7520 NE Loop 820, being 16.366 acres described as Lot 5, Block 6, North Hills Village. PRESENTER: Clayton Husband, Principal Planner SUMMARY: On behalf of Candleridge Limited Partnership, Woodcrest Capital is requesting a special use permit for modified outside storage and display regulations on 16.366 acres located at 7520 NE Loop 820. GENERAL DESCRIPTION: The site is part of the North Hills Village shopping center, located on the south side of NE Loop 820 between City Point Drive and Boulevard 26. The lease area under consideration is the end cap of the retail building located at the southeast corner of NE Loop 820 and City Point Drive. The applicant proposes to renovate and remodel a 24,000-square foot space for a new tenant INoir,lr�,eiri lf; ,ll ,ll ,c„t,u ,ii„p,rrn,ca,l A written description of the proposal and a site plan for the proposed development are attached. Planned improvements to the site include the remodel and finish out of the interior space, construction outdoor storage areas on the property, the installation of screening fences and landscaping, and modifications to site lighting. The proposed conditions of approval for this special use permit are attached. The zoning ordinance provides that special use permits may establish reasonable conditions of approval on the operation and location of the use to reduce its effect on adjacent or surrounding properties. These conditions are based on the applicant's proposed development of the property, and include the items described in detail below. Outdoor storage and display The proposed use for the property is a retail store, which is a permitted use in the C-2 Commercial zoning district. The tenant intends to use a portion of the parking area for the outdoor storage and display of 12 flatbed and/or cargo trailers. "K NOKTH KICHLAND HILLS The applicant proposes to use a 1,836-square foot area for the outdoor storage and display of trailers for sale from the business. This area consists of 12 parking spaces between the building and NE Loop ; 820 frontage road. The trailers would be secured to parking j% bollards installed in the arkin area in a similar manner as shown in the photo to the right. Additional photos are included in the applicant letter. ��,,,� �� All "outdoor storage" areas must be screened in accordance with Section 118-871 of the zoning ordinance. This section requires the fence to be a masonry wall at least six feet in height. The applicant is requesting that the screening fence requirement be waived for this area. All "incidental outdoor display" of merchandise must be confined to a pedestrian walkway immediately adjacent to the front of the building housing the primary use and may not extend a distance of more than 12 feet. There must also be at least 5 feet of clear space for a pedestrian walkway. The applicant is requesting to place outdoor display of merchandise further than 12 feet from the building. Loading dock screening There is an existing loading dock at the rear of the building and adjacent to City Point Drive. The loading dock is direct) across City Point Drive from the rear Y Y of single-family residences. Section 118-871(I) of the zoning ordinance requires that the loading dock be screened from view of the street. The applicant proposes to construct a six-foot tall precast panel screening wall adjacent to the loading dock. The wall location is shown on the site plan exhibit. Landscaping As part of the special use permit consideration, the installation of landscaping is recommended in order to help bring the property closer to compliance with current development standards. The proposed improvements are shown on the site plan exhibit and include the following elements: 1. Red oak trees and screening shrubs would be installed in the landscape setback adjacent to the NE Loop 820 frontage road. 2. Screening shrubs would be installed in the landscape setback adjacent to City Point Drive. 3. Two new landscape islands and trees would be installed adjacent to the outside storage and display area. The DRC recommends the installation of hardscape element on the NE Loop 820 frontage, as required by the Freeway Corridor Overlay district. These elements may consist of a low wall or urban design monuments. Recently constructed examples can be "K NOKTH KICHLAND HILLS found at Taco Cabana (5036 Rufe Snow Drive), AutoNation Chevrolet (7769 Boulevard 26), Painted Tree Marketplace (7800 Boulevard 26), and AutoNation Hyundai and CDJR (7724-7740 NE Loop 820). This requirement is included in the attached development standards. LAND USE PLAN: This area is designated on the Land Use Plan as Retail Commercial. This designation provides sites for community and regional shopping centers, commercial establishments, and employment centers. These sites are typically located on highways and major thoroughfares at key intersections. CURRENT ZONING: The property is zoned C-2 Commercial. This district is intended to provide for the development of retail and general business uses primarily to serve the community and region. Uses include a wide variety of business activities and may involve limited outside storage, service, or display. The C-2 district should be located away from low and medium density residential development and should be used as a buffer between retail and industrial uses. The district is also appropriate along business corridors as indicated on the land use plan. SURROUNDING ZONING ( LAND USE: C-1 Commercial Retail store NORTH Retail Commercial PD Planned Development Automobile dealership C-1 Commercial Retail Commercial Motel WEST R-2 Single-Family Residential Low Density Residential Single-family residences C-2 Commercial Retail Commercial Retail and commercial uses SOUTH U School Church Institutional Community Services House of worship EAST C-2 Commercial Retail Commercial Retail and office uses PLAT STATUS: The property is platted as Lot 5, Block 6, North Hills Village. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission conducted a public hearing and considered this item at the January 16, 2020, meeting and voted 5-0 to recommend approval. RECOMMENDATION: Approve Ordinance No. 3639. O O 0 0 O o koNVN 2 Op N ti N N c-I H y O hO IIII MN � Illl��lliolllolllo NO � „„ �ppppll�l�l��ppplllll 3OA010 cYO Q 00 v 1NIOd AII3 u hull u 13`dH0IW N3N " 0 N SONlwwno m N N Z J ....... LU W z cc Y z ¢ tlNIlE11d0 a o__ w ° 0 cc zQ NIH01Va a r ,� ,• al 7"+I"I,ri� r r �¢u /�i r�� n1N r � r 1 t �irr rrf o 4 r� m� "%�E� J'w✓i�>�� A � r9YJk ��f�U �"rl,��^�aAafl%�'AU �''� o � / 0 � � / r ✓ � U U� �a � s Y�/t �n oo, w U Cc r�l�ilj .,��"�� P � "'�/� �✓� /wr��F{i�kkYGfl° a �A � o 1i'J1J�� P i r ro�� ✓ �e rrm�rrti�uw� rrrary��G wu,� w r rµ /� r�� ry � � ��;� �� 'U"�� J God,.� �✓�� U � ✓ �@ ✓ r� � rn �'l� ��f i��/�� // 'U "�GIW GS�✓P��i�i rti �v 'a �iU' ... � P` r U '/i�rf,�P' ✓' � r ! ,%�,("is w'fil(��' 1 � Q�il�� rl G / r t y r C6 r �r 6 r iG //a� co jq RH PUBLIC HEARING NOTICE NORTH RICHi.a.rhND HILLS CASE: SUP 2019- 13 You are receiving this notice because you are a property owner of record within 200 feet of the property requesting a special use permit as shown on the attached map. APPLICANT Woodcrest Capital LOCATION 7520 NE Loop 820 REQUEST Public hearing and consideration of a request from Woodcrest Capital for a special use permit for outside storage and display at 7520 NE Loop 820, being 16.366 acres described as Lot 5, Block 6, North Hills Village. DESCRIPTION Proposed outdoor storage and display of trailers associated with Northern Tool+Equipment tenant space PUBLIC HEARING DATES Planning and Zoning Commission 7:00 PM Thursday, January 16, 2020 City Council 7:00 PM Monday, February 10, 2020 MEETING LOCATION City Council Chambers-Third Floor 4301 City Point Drive North Richland Hills, Texas People interested in submitting letters of support or opposition are encouraged to contact the Planning & Zoning Department for additional information. Letters must be received by the close of the City Council public hearing. Because changes are made to requests during the public hearing process, you are encouraged to follow the request through to final action by City Council. Planning and Zoning Department 1 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com FOR MORE INFORMATION, VISIT NRHTX.COM/MAP W 0 OAKLAND z d z WINNELL " A /y$20 ly$ RIVIERA 2p'$rpS y'2j cn I%/Sy 1$3 E r 2 � � G3 a z � c i _ w p�~ r CORONET 1�04 0/11 _______________________________ CITY POINT' DRIVE T"T"L .,. " !7 ...: ICJ a J . . ......... ! fm co TRAILER DISPLAY AREA Planning and Zoning Department 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com NOTIFIED PROPERTY OWNERS SUP 2019-13 7659 BLVD 26 LLC 1263 S SOUTH AUSTIN AVE GEORGETOWN TX 78626 BVP INVESTMENTS INC 5309 ROBERTS RD COLLEYVILLE TX 76034 CANDLERIDGE LIMITED PARTNERSHIP 3113 S UNIVERSITY DR FORT WORTH TX 76109 FARAM, PATRICK 4400 KEN MICHAEL CT NORTH RICHLAND HILLS TX 76180 LUGO,JAIME 4344 KEN MICHAEL CT NORTH RICHLAND HILLS TX 76180 MORAN,JOHN 4352 KEN MICHAEL CT NORTH RICHLAND HILLS TX 76180 NORTHGATE CHURCH INC 4647 CITY POINT DR NORTH RICHLAND HILLS TX 76180 ODEH PROPERTIES INC PO BOX 530669 GRAND PRAIRIE TX 75053 ROHDE,JASON R 4348 KEN MICHAEL CT NORTH RICHLAND HILLS TX 76180 SAFE CAPITAL INVESTMENTS LLC 6508 BRANTFORD CT PLANO TX 75093 TX JALARAM HOTEL LLC 7540 NORTHEAST LOOP 820 NORTH RICH LAND HILLS TX 76180 WAFFLE HOUSE INC PO BOX 6450 NORCROSS GA 30091 ZS ASSOCIATES LLC 4838 JENKINS AVE NORTH CHARLESTON SC 29405 t a � ASVV IX 41, � z r Candleridge Limited Partnership ("Applicant" and owner of North Hills Village Shopping Center) is requesting the Special Use Permit (SUP) in an effort to allow the normal retail operations for Northern Tool and Equipment ("NTE") within the North Hills Village Shopping Center. NTE has been family owned and operated since its inception in 1981 and operates over 110 stores across the country. As a part of NTE's normal retail business at all of its locations they display trailers for sale on the exterior of the building. The purpose of the requested SUP is to accommodate NTE's needs for the outdoor display of their trailers for sale and the Permitted Use outlined below which will be incorporated into their lease with the Applicant. The images shown on Exhibit A are examples of existing outdoor trailer displays at NTE locations in surrounding areas. NTE intends to install small ballards with trailer connections that allow for the merchandise to be securely displayed and stored. This newer style of display is minimal impact visually, minimal impact on the property, and less instrucsive then the traditional fenced areas use by other reailers. Exhibit B shows where NTE intends to install the ballards and display the trailers within the center. The Permitted Use as defined in the lease is as follows: "Permitted Use: The Premises may be occupied and used for the purpose of operating a retail, wholesale store selling tools, hardware, hydraulics, gas engines, log splitter components, electrical supplies, trailers, trailer parts, tanks and industrial supplies and equipment and related accessories, together with (i) warehousing; (ii) a shop for service and assembly of products in the warehouse area, and(iii) the year-round display, storage and sale of welding gas, trailers, tractors, agriculture equipment and other large items displayed in the "Outside Display Area"(generally depicted on ExhibitA-2 attached hereto) and the sidewalk surrounding the Premises; and(iv) the sale of items related to the oilfields and wells industry, welding, and outdoor work, including, but not limited to, tools,footwear, supplies, equipment, clothing, workwear, highly reflective or high visibility attire and extreme condition wear, welding aprons, and other accessories. Landlord represents and warrants, that to the best of Landlord's knowledge (i) as of the date of the Lease and the Delivery Date, the Premises are zoned properly for the Permitted Use, including, without limitation, and with the Special Use Permit(as defined in Section 5.7), the year-round outdoor display, storage and sale of products (including, without limitation the outdoor display and sale of trailers and welding gas and welding gas tanks); (ii) during the Term, Tenant shall have the right to use the Premises for the Permitted Use (including, without limitation the outdoor display, storage and sale of trailers and welding gas and welding gas tanks); and(iii) the Permitted Use(including, without limitation and with the Special Use Permit, the outdoor display,storage and sale of trailers and welding gas and welding gas tanks), sidewalk sales, the Outside Display Area, the fenced-in product preparation area, dock area, including without limitation, an at-grade loading dock, and promotional sales within the Common Area are currently allowed under applicable zoning regulations and applicable law within the parking area and will not violate, conflict with or require any approval under any Permitted Encumbrance, including, without limitation, the REA, or any unrecorded leases. Notwithstanding anything to the contrary contained herein, Tenant shall have the right to modify its store concept at any time,from time to time, in the future to be an outlet or surplus store, so long as Tenant sells the same type of merchandise listed in this Lease." From talking with Staff, the Applicant believes the permitted used is allowable but is including as part of the SUP application for clarification purposes only. The Applicant asks that Staff recommending the approval the SUP for NTE without any additional conditions or requirements. Applicant and NTE are presenting the City of North Richland Hills an opportunity to relocate an excellent credit+/-24,000 square foot retail tenant from a neighboring city and bring those sales tax dollars to into the City of North Richland Hills. Regards, Date. Taylor J Marks, Agent for Owner Exbibit A �W. li 1 ' r J i. 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WHEREAS, the City of North Richland Hills, Texas is a home-rule municipality located in Tarrant County, Texas acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Zoning Ordinance of the City of North Richland Hills regulates and restricts the location and use of buildings, structures, and land for trade, industry, residence, and other purposes, and provides for the establishment of zoning districts of such number, shape, and area as may be best suited to carry out these regulations; and WHEREAS, the City Council has previously passed an ordinance adopting the Vision203O Land Use Plan as the primary document on which to base all zoning, platting, and other land use decisions; and WHEREAS, the Vision203O Land Use Plan map provides guidance for future development in conformance with the adopted Vision203O Land Use Plan; and WHEREAS, the owner of the property containing approximately 16.366 acres of land located at 7520 NE Loop 820 (the "Property") has filed an application for a special use permit to construct a communications tower; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on January 16, 2020, and the City Council of the City of North Richland Hills, Texas, held a public hearing on February 107 2020, with respect to the special use permit described herein; and Ordinance No. 3639 SUP 2019-13 Page 1 of 4 WHEREAS, the City has complied with all requirements of Chapter 211 of the Local Government Code, the Zoning Ordinance of the City of North Richland Hills, and all other laws dealing with notice, publication, and procedural requirements for rezoning the Property; and WHEREAS, upon review of the application, and after such public hearing, the City Council finds that granting the request herein furthers the purpose of zoning as set forth in the Zoning Ordinance of the City of North Richland Hills and that the zoning change should be granted, subject to the conditions imposed herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: That the Zoning Ordinance of the City of North Richland Hills is hereby amended by approving a special use permit to authorize outside storage and display on Lot 5, Block 6, North Hills Village, commonly referred to as 7520 NE Loop 820, as described and shown on Exhibit "A," attached hereto and incorporated for all purposes. Section 2: The City Council finds that the information submitted by the applicant pursuant to the requirements of the Zoning Ordinance is sufficient to approve the special use permit in accordance with the Land Use and Development Regulations, set forth in Exhibit "B," and the Special Use Permit Exhibits, set forth in Exhibit "C," both of which are attached hereto and incorporated for all purposes. Section 3: That the official zoning map of the City of North Richland Hills is amended and the Planning Director is directed to revise the official zoning map to reflect the approved special use permit, as set forth above. Section 4: The use of the property described above shall be subject to all applicable regulations contained in the Building and Land Use Regulations and all other applicable and pertinent ordinances of the City of North Richland Hills. Section 5: The zoning district as herein established has been made in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the community. Section 6: This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of North Richland Hills, Texas, as amended, except when the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such code, in which event the conflicting provisions of such ordinances and such code are hereby repealed. Ordinance No. 3639 SUP 2019-13 Page 2 of 4 Section 7: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. Section 8: Any person, firm or corporation violating any provision of the Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 9: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances governing zoning that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 10: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Section 11: This ordinance shall be in full force and effect immediately following publication as required by Section 10 hereof. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 10th day of February, 2020. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor Ordinance No. 3639 SUP 2019-13 Page 3 of 4 ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Clayton Comstock, Planning Director Ordinance No. 3639 SUP 2019-13 Page 4 of 4 Exhibit A— Property Description —Ordinance No. 3639—Page 1 of 1 Special Use Permit Case SUP 2019-13 Lot 5, Block 6, North Hills Village. 7520 NE Loop 820, North Richland Hills,Texas Being Lot 5, Block 6, North Hills Village, an addition to the City of North Richland Hills, Tarrant County,Texas, according to the plat recorded in Cabinet A, Slide 28, Plat Records, Tarrant County,Texas. Exhibit B— Land Use and Development Regulations —Ordinance No. 3639— Page 1 of 2 Special Use Permit Case SUP 2019-13 Lot 5, Block 6, North Hills Village. 7520 NE Loop 820, North Richland Hills,Texas This Special Use Permit (SUP) must adhere to all the conditions of the North Richland Hills Code of Ordinances, as amended, and the base zoning district of C-2 Commercial. The following regulations shall be specific to this Special Use Permit. Where these regulations conflict with or overlap another ordinance, easement, covenant or deed restriction, the more stringent restriction shall prevail. A. Site development standards. Development of the property shall comply with the development standards of the C-2 Commercial zoning district and the standards described below. 1. The site improvements must be constructed as shown on the site plan attached as Exhibit „C .11 2. Outdoor storage and display on the site must comply with Section 118-716 of the zoning ordinance and the standards described below. a. The area used for outdoor display and storage must be located as shown on the site plan attached as Exhibit "C." b. The area used for outdoor storage and display must not exceed one thousand nine hundred (1,900) square feet. c. A maximum of twelve (12) trailers may be stored and displayed on the property. The trailers must be secured to bollards.The bollards must be painted to blend in with the color scheme of primary building. d. A waiver of the masonry screening wall requirement is authorized as it applies to the outdoor storage and display area. e. The outdoor storage or display of any other vehicles, inventory, merchandise, or equipment is prohibited. 3. A six-foot masonry screening wall must be constructed adjacent to the loading dock, as shown on the site plan attached as Exhibit "C." The wall may be constructed as a traditional masonry wall or a pre-cast product. 4. Landscaping must be installed as shown on the site plan attached as Exhibit "C" and the standards described below. a. Hardscape elements must be installed in the landscape setback adjacent to the NE Loop 820 frontage road,as required by the Freeway Corridor Overlay and Section 114- 72(k)(2) of the Code of Ordinances.This requirement applies to the frontage between City Point Drive and the westernmost drive approach. b. All landscaped areas must be watered by an automatic underground irrigation system equipped with rain and freeze sensors. All large and ornamental trees must be on bubbler/drip irrigation on separate zones from turf grass c. The landscaping must be installed prior to the issuance of a certificate of occupancy. Exhibit B— Land Use and Development Regulations —Ordinance No. 3639— Page 2 of 2 Special Use Permit Case SUP 2019-13 Lot 5, Block 6, North Hills Village. 7520 NE Loop 820, North Richland Hills,Texas B. Building design standards. Building design and appearance must comply with the standards described below. 1. Any nonconforming wall packs on the rear of the building must be replaced with fixtures that comply with the requirements of Section 118-728 of the zoning ordinance. 2. The floodlight must be removed from the light pole to the east of the building entrance. C. Expiration. The special use permit will expire three (3) years from the effective date of this ordinance. If the outdoor storage and display is still in operation at the time of expiration,the activity shall be considered a legal non-conforming activity and may continue operation subject to the standards described in Section 118-153 of the zoning ordinance. D. Amendments to Approved Special Use Permits. An amendment or revision to the special use permit will be processed in the same manner as the original approval. The application for an amendment or revision must include all land described in the original ordinance that approved the special use permit. E. Administrative Approval of Site Plans. The development is subject to final approval of a site plan package. Site plans that comply with all development-related ordinances, and this Ordinance may be administratively approved by the Development Review Committee. The city manager or designee may approve minor amendments or revisions to the standards provided the amendment or revisions does not significantly: 1. Alter the basic relationship of the proposed uses to adjacent uses; 2. Change the uses approved; 3. Increase approved densities, height, site coverage, or floor areas; 4. Decrease on-site parking requirements; 5. Reduce minimum yards or setbacks; or 6. Change traffic patterns. 02M Xl'S71H 4NVIHORi Hi2JON 66L5-Oro9(ua) 'OZ8 dOO-1 1SV3Hl?JON OZSJ 9009LSVX31 NOlONMdV 60z 3iInS"aniS Savo N33 19 3N OOez 61OZ-0£-ZT 3JVIIIA ST31H HidON 1V 'DNI'S1J31IH:21V SHJ :31V4 1N3Wdino3(INV 001 N213Hi2JON w p - - co U Ir Q Y d O LU u Sw Z~3 _ U Z i5a LL zm LU =o w o w (n a g a o N a - Z o oar ss „/ s O s oF6 EE L C. O V�i z �a w as r a e e L o W u� m � o e z_ rx r 0 U U Fie - � y � ) O MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL, 4301 CITY POINT DRIVE JANUARY 16, 2020 DA SUP 2019-13 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM WOODCREST CAPITAL FOR A SPECIAL USE PERMIT FOR OUTSIDE STORAGE AND DISPLAY AT 7520 NE LOOP 820, BEING 16.366 ACRES DESCRIBED AS LOT 5, BLOCK 6, NORTH HILLS VILLAGE. APPROVED Chair Welborn introduced the item, opened the public hearing, and called for Planning Director Clayton Comstock to introduce the request. Mr. Comstock introduced the request. Chair Welborn called for the applicant to present the request. Taylor Marks, 3113 S. University Drive, Fort Worth, Texas presented the request. Commissioner Olvey and the applicant discussed the screening wall and screening of the refuse containers on site. Chair Welborn called for Mr. Comstock to present the staff report. Mr. Comstock presented the staff report. Chair Welborn called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Chair Welborn closed the public hearing. A MOTION WAS MADE BY COMMISSIONER OLVEY, SECONDED BY COMMISSIONER BOWEN TO APPROVE SUP 2019-13, SUBJECT TO COMPLIANCE WITH SECTION 114-71(K)(2), REQUIRED FREEWAY CORRIDOR OVERLAY HARDSCAPING, IN THE 300 FEET OF NE LOOP 820 FRONTAGE. MOTION TO APPROVE CARRIED 5-0. January 16, 2020 Planning and Zoning Commission Meeting Minutes Page 1 of 1 "K NOKTH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 10, 2020 SUBJECT: AP 2019-04 Consideration of a request from Rob Wetli for an amended plat of Lots 1 R and 2R, Block 1, Mollie B. Collins Addition, being 0.435 acres located at 7805 Odell Street. PRESENTER: Clayton Husband, Principal Planner SUMMARY: On behalf of Structures Design Build of Texas, Rob Wetli is requesting approval of an amended plat of Lots 1R and 2R, Block 1, Mollie B. Collins Addition. This 0.435-acre property is located at 7805 Odell Street. GENERAL DESCRIPTION: The property includes two existing lots located at the end of the street on the north side of Odell Street, west of Smithfield Road. The lots are part of the Mollie B. Collins Addition, which was platted in 1953. One single-family residence is currently located on the property, overlapping both lots. The amended plat would make the following revisions to the previous plat. 1. The common lot line between the two lots would be shifted to the west so that both lots have equal width. 2. A 7.5-foot utility easement would be added adjacent to the rear property line of both lots. The plat does not alter or remove any recorded covenants or restrictions, if any, on the property. The applicant is requesting a waiver of the lot width standards for the lots, based on the proposed R-2 Single-Family Residential zoning. The two existing lots have a combined 120 feet of frontage on Odell Street, and the proposed lots would be 60.14 feet wide. The R-2 zoning district requires a minimum lot with of 72.5 feet. The lot width is considered an existing condition that was in place prior to the lots' incorporation into the city. The lots comply with all other standards of the R-2 zoning district. Section 110-42 of the subdivision regulations allows for the Planning and Zoning Commission and City Council to consider and approve variances to the regulations where hardships or practical difficulties may result from strict compliance with the regulations. "K NOKTH KICHLAND HILLS LAND USE PLAN: This area is designated on the Comprehensive Land Use Plan as Low Density Residential. This designation promotes quality neighborhoods of conventional suburban single-family detached homes. General characteristics of these neighborhoods include a density of two to six dwelling units per acre and houses of one- and two-stories. CURRENT ZONING: City Council approved an R-2 Single Family Residential zoning change request at their January 13, 2020, meeting. TRANSPORTATION PLAN: The development has frontage on the following streets. Right-of-way dedication is not required for this plat. ME Odell Street R21J Local Road Local Road 2-lane undivided roadway 50-foot right-of-way width SURROUNDING ZONING ( LAND USE: NORTH R-2 Single-Family Residential Low Density Residential Single-family residence WEST AG Agricultural Low Density Residential Single-family residence SOUTH R-2 Single-Family Residential Low Density Residential Single-family residence EAST R-2 Single-Family Residential Low Density Residential Single-family residence ROUGH PROPORTIONALITY DETERMINATION: The developer is responsible for 100% of all paving, water, sanitary sewer, and drainage infrastructure needed to support the development in accordance with City design criteria. PLAT STATUS: The property is currently platted as Lots 1 and 2, Block 1, Mollie B. Collins Addition. DRC REVIEW & RECOMMENDATION: The Development Review Committee (DRC) recommends approval of the plat subject to a waiver of the lot width standards. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission considered this item at the January 16, 2020, meeting and voted 5-0 to approve the plat with the conditions outlined in the Development Review Committee comments. The applicant has revised the plat to address all conditions. RECOMMENDATION: Approve AP 2019-04 subject to a waiver of the lot width standards. LL 0 ......... ......... .... ......_ 0 w '.. '.. ...... ..... .... .. '.Yc U _O13HHAWS o ......... Z00 o j 3lV(IaVIHB 0 N m m w wZ LL )VO1SOd cc Q Z m a L,o low E�% y;� o r 1rr� t��/� /i'�if�� ✓ �f�l a�///I / r` ��f�� ,�;�y�lil. r 7g� � l�l �rll�lrf` �r�" � ✓i Y/i� / � � � f / � b li✓�dl// ri / ti r CD cc cc I Q o� ,kP�ra�U �r r �i z� ae LLI a 2= a O JN maw; - �Ev - 3 E E � oS a U ry OZe D i�E¢o F2 ' - �o co mN °alp $im - w - ae m °Naa as mo II pq w Js2 � � m0 - I � S 00"15'25"W 151.82' AR - k. Lu LLJ m w _ M � a a M u o o < " n n a a mW m NI a .40' Swmis _ N 03°22 151 '38"W — —— — _ �I a� o� w E� el Jgo � I � m - _ - m°'ie a a - € t m vk=m - 2 - Wt9 a_ vea=� ww - - - FOOL STRIOU UIRIES DESIMN-IBUILD Ladies and Gentleman of the planning voi ni niissi°io n,, Planning and Zoningof ni niittee and the Ciity Couwunvi°ill. 11 avian IF olb Wetlli, nuw near of Structures Design IBuild and the nuw near of hots 1 &2, IBllloclk 1 I ollllli°ie IFS Collins addition II a i n irequesting you.uir consideration of a vaauiri°ianve to allow 0' Ilot Piro nts for Iboth hots uun eir IFS zoning IBoth hots vita nuveir 9400 soft . e have ire 1pllatted to adjust Ilot width fir iaru the oiriginall, for y u.uir consideration IpIIea se view Ilot 1 A&2A I ollllli°ie IFS Collins Addition Thank You F olb Weth 8175848188 GIO IF x 1336 IV°°Nuuirst lsac s 76053 tiru.uc u.uiresiinfaa(q) .inai°ill coinn ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................... MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL, 4301 CITY POINT DRIVE JANUARY 16, 2020 C.2 AP 2019-04 CONSIDERATION OF A REQUEST FROM ROB WETLI FOR AN AMENDED PLAT OF LOTS 1 R AND 2R, BLOCK 1, MOLLIE B. COLLINS ADDITION, BEING 0.435 ACRES LOCATED AT 7805 ODELL STREET. APPROVED WITH CONDITIONS Chair Welborn introduced the item and called for Planning Director Clayton Comstock to introduce the request. Mr. Comstock introduced the request. Chair Welborn called for the applicant to present the request. Rob Wetli, 7805 Odell Street, North Richland Hills, Texas presented the request. Chair Welborn called for Mr. Comstock to present the staff report. Mr. Comstock presented the staff report. A MOTION WAS MADE BY COMMISSIONER OLVEY, SECONDED BY COMMISSIONER BOWEN TO APPROVE AP 2019-04 WITH THE CONDITIONS OUTLINED IN THE DEVELOPMENT REVIEW COMMITTEE COMMENTS. MOTION TO APPROVE CARRIED 5-0. January 16, 2020 Planning and Zoning Commission Meeting Minutes Page 1 of 1 "K NOKTH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 10, 2020 SUBJECT: PP 2019-08 Consideration of a request from MM City Point 53 LLC for a preliminary plat of City Point Addition Phase 3, being 5.897 acres located at 4201 City Point Drive. PRESENTER: Clayton Comstock, Planning Director SUMMARY: MM City Point 53 LLC is requesting approval of a preliminary plat of City Point Addition Phase 3. This 5.897-acre property is located at 4201 City Point Drive. GENERAL DESCRIPTION: The property is located on the west side of City Point Drive and north of Glenview Drive. The site is immediately east of city hall. The property is vacant. The proposed development includes 46 single-family residential lots. The concept plan approved as part of the 4 PD zoning is shown at right. The average lot size is 3,241 square feet. The typical lot is 40 feet wide and 78 feet deep. The home type that was approved for this tract is a G ' 35-foot wide home with head-in front garage entry directly p � from the street.A typical lot detail is shown at bottom right. rc The development also includes four open space lots l totaling approximately 0.84 acres (14.3% of the site). The open space lots are located adjacent to City Point Drive. r i1 Ali LAND USE PLAN: This area is designated on the Land Use Plan as Urban Village. This designation promotes W sustainable pedestrian-oriented mixed-use development that provides the opportunity for many uses to coexist within a more compact area. Urban Villages encourage an efficient, compact land use pattern; support vibrant public spaces; reduce the reliance on private automobiles- promote a more functional and attractive community f� through the use of recognized principles of urban design; allow flexibility in land use; and prescribe a high level of ; detail in building design and form. Urban Villages can I come in the form of vertical mixed use, where multiple "K NOKTH KICHLAND HILLS uses share a single, multi-story building; or horizontal mixed use, where a diverse set of uses are placed within close, walkable proximity. CURRENT ZONING: The property is currently zoned NR-PD Nonresidential Planned Development. The zoning was approved by City Council on August 12, 2019 (Ordinance 3595). The NR-PD provides for a base zoning district of C-1 Commercial and is intended to allow for a mixed-use development that includes commercial, multifamily residential, single-family residential (detached units, bungalows, townhouses) and open space. TRANSPORTATION PLAN: The development has frontage on the following streets. The plat includes a ten-foot right-of-way dedication for City Point Drive. ® < City Point Drive CP-42 Ring Road Urban Village 2-lane undivided roadway 42-foot right-of-way width SURROUNDING ZONING ( LAND USE: NORTH C-1 Commercial Urban Village Office use WEST City Point Planned Development Office Commercial City Hall SOUTH C-1 Commercial Office Commercial Office use EAST C-1 Commercial Office Commercial Vacant ROUGH PROPORTIONALITY DETERMINATION: The developer is responsible for 100% of all paving, water, sanitary sewer, and drainage infrastructure needed to support the development in accordance with city design criteria. PLAT STATUS: The property is currently platted as Lot 2, Block 1, City Point Addition. DRC REVIEW & RECOMMENDATION: The Development Review Committee (DRC) recommends approval of the plat, which is in conformance with the subdivision regulations and the zoning ordinance. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission considered this item at the January 16, 2020, meeting and voted 5-0 to approve the plat with the conditions outlined in the Development Review Committee comments. The applicant has revised the plat to address all conditions. RECOMMENDATION: Approve Preliminary Plat 2019-08. — f N O 180WHSY "o vn Z ....... fi ii I0 }Lu Z,,, _ O Z 0_ Q U — o _AVMOTIV3 H100$J I I I rl ' I I I uyim�IIII III � WY N ul J�w — l O �Ie pn ii,II III... IIII IIII �� iii iiiii IIII � c IIII iiiiii vn pl _ A31M` H zl I 1S3AA — 1NIOd A110 I I o N U U Hlna 19 a pb � 67�j�o cc p NO NAME zQ a N➢� a %',I E i, �Y o' �. 1 �r� r � r n �PmrFar a lli�✓ 7 i/!/.�� e r v ^w p i ' Warn II S all Mm rowusa k fj% �r eaw 4011, Y ✓`d k'ilirirvn iJN II . J 31 Illf � 'ft , r , '.. 1 V, O N �,y cc hg1k q / �i Q �w ��r^� a i �l� '✓r � n i.,. s. � I� rs �n�lr Z� III Z I8. LIJ % arm �d O. 0 n P .. .........V"- . ........ f A CITYPOINTDRIVE (D 0 'D 6 j ig Me� e- �H I'll STREET L (D--=(D�- Q 1 FRAWLEY DRIVE (A 50flItPlIblil R,,qht ol Woyj MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL, 4301 CITY POINT DRIVE JANUARY 16, 2020 C.3 PP 2019-08 CONSIDERATION OF A REQUEST FROM MM CITY POINT 53 LLC FOR A PRELIMINARY PLAT OF CITY POINT ADDITION PHASE 3, BEING 5.897 ACRES LOCATED AT 4201 CITY POINT DRIVE. APPROVED WITH CONDITIONS Chair Welborn introduced the item and called for Planning Director Clayton Comstock to introduce the request. Mr. Comstock introduced the request. Chair Welborn called for the applicant to present the request. Bryan Klein, 1800 Valley View Lane, Dallas, Texas Presented the request. Chair Welborn and the applicant discussed setbacks and utility easement locations. Chair Welborn called for Mr. Comstock to present the staff report. Mr. Comstock presented the staff report. A MOTION WAS MADE BY COMMISSIONER LUPPY, SECONDED BY COMMISSIONER OLVEY TO APPROVE PP 2019-08 WITH THE CONDITIONS OUTLINED IN THE DEVELOPMENT REVIEW COMMITTEE COMMENTS. MOTION TO APPROVE CARRIED 5-0. January 16, 2020 Planning and Zoning Commission Meeting Minutes Page 1 of 1 "K NOKTH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 10, 2020 SUBJECT: PP 2019-07 Consideration of a request from MM City Point 53 LLC for a preliminary plat of City Point Addition Phase 2, being 21.55 acres located at 4401 City Point Drive. PRESENTER: Clayton Comstock, Planning Director SUMMARY: MM City Point 53 LLC is requesting approval of a preliminary plat of City Point Addition Phase 2. This 21.55-acre property is located at 4401 City Point Drive. At the January 13, 2020, meeting, City Council approved a 30-day extension for consideration of this plat per the applicant's request. Section 212.009(b-2) of the Texas Local Government Code allows the City Council to approve a 30-day extension of the approval period for a plat in this manner. GENERAL DESCRIPTION: The property is located on the south side of City Point Drive, generally between Boulevard 26 and Ruth Road. The site is immediately west of city hall and is adjacent to the multifamily project currently under construction. The property is vacant. The proposed development includes 160 single-family residential lots, which includes both single-family detached and townhome lots. The average lot size of all lots is 1,772 square feet. Urban Home 33 lots 26 feet 58 feet Townhome 127 lots 22 feet 71 feet The development also includes one multifamily residential lot (4.61 acres) and one commercial lot (1.21 acres). There are four open space lots totaling approximately 1.28 acres (5.94% of the site). COMPREHENSIVE PLAN: This area is designated on the Comprehensive Land Use Plan as Urban Village. This designation promotes sustainable, pedestrian-oriented, mixed-use development that provides the opportunity for many uses to coexist within a more compact area. Urban Villages encourage an efficient, compact land use pattern; support vibrant public spaces; reduce the reliance on private automobiles; promote a more functional and attractive community through the use of recognized principles of urban design; allow flexibility in land use; and prescribe a high level of detail in building "K NOKTH KICHLAND HILLS design and form. Urban Villages can come in the form of vertical mixed use, where multiple uses share a single, multi-story building; or horizontal mixed use, where a diverse set of uses are placed within close, walkable proximity. CURRENT ZONING: The property is currently zoned NR-PD Nonresidential Planned Development. The zoning was approved by City Council on August 12, 2019 (Ordinance 3595). The NR-PD provides for a base zoning district of C-1 Commercial and is intended to allow for a mixed-use development that includes commercial, multifamily residential, single-family residential (detached units, bungalows, townhouses) and open space. TRANSPORTATION PLAN: The development has frontage on the following streets. ® < Boulevard 26 P6D Major Arterial Suburban Commercial 6-lane divided roadway variable right-of-way width Ruth Road CP-60 Collector Urban Village 2-lane undivided roadway 60-foot right-of-way width City Point Drive CP-110 Local Road Urban Village 4-lane divided w/on-street parking 110-foot right-of-way width City Point Drive CP-60 Local Road Urban Village 2-lane undivided roadway 60-foot right-of-way width SURROUNDING ZONING ( LAND USE: C-1 Commercial Restaurant use NORTH Urban Village City Point Planned Development Vacant C-2 Commercial Retail Commercial WEST Commercial and office uses LR Local Retail Office Commercial SOUTH U School Church Institutional Community Services City Point Methodist Church EAST City Point Planned Development Urban Village City Hall Multifamily(under construction) ROUGH PROPORTIONALITY DETERMINATION: The developer is responsible for 100% of all paving, water, sanitary sewer, and drainage infrastructure needed to support the development in accordance with City design criteria. PLAT STATUS: The property is currently platted as Lot 1 R1, Block 2, City Point Addition. DRC REVIEW& RECOMMENDATION: The preliminary plat that was originally submitted was generally in line with the conceptual layout of the planned development zoning district approved by the City Council in August 2019; however, the Development Review Committee had concerns with the proposed preliminary plat and comments that would "K NOKTH KICHLAND HILLS significantly change the layout of the subdivision. These concerns related to meeting the purpose and intent of the zoning district as approved including walkability and access to open space as well as meeting some requirements of the subdivision ordinance including adequate fire access. Staff met with the developer regarding all of the DRC comments, and the developer agreed to redesign this phase to address the concerns. The revisions resulted in a safer street network for public safety access, greater open space accessibility and improved walkability. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission considered this item at the December 19, 2019, meeting and voted 6-0 to approve the plat with the conditions outlined in the Development Review Committee comments, understanding the layout of the phase may significantly change to meet DRC's comments. RECOMMENDATION: Approve Preliminary Plat 2019-07 with the conditions outlined in the Development Review Committee comments. 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INS I'll 11`Tj —1 T- 620 PRELIMINARY REPEAT Location CITY POINT VILLAGE BLOCKS 2 AND 3,AND BLOCKS 11 IT IRU 17 GLENVIEWDRIVE BEING 215520 ACRES OUT OF Tt IE W.W.WALLACE SURVEY AND LIIT A RIV�SI()TIC Lo[ IlA,LL0C.K2[[YPCIN ADI-HICITIAN ADDHION 10 HTLCHY C[NOR HIU�ITILANDITILLS \I2I7A\, OLIT[Y. LXASACCORLA\',[()[HL I I LA I I HLRLOh RL(,0IlDLD AS IN,I RL MLITI NO.D'21141'2,2�8 C[I HL OHNI[AL PLNI-li 1P1011.th IlLT CIIm(>I ARRAS I I CUN I Y.I LXAS 11 NOVLANLR2 19 Oily 0111 N. Sheetl oft Ill,Ml 19—-Pill File 1 M-i Development Review Committee Comments 1 12/3/2019 Preliminary Plat Case PP 2019-07 NRHCity Point Phase 2 WRITTEN STATEMENT OF CONDITIONS The City of North Richland Hills received this plat on November 20, 2019. The Development Review Committee reviewed this plat on December 3, 2019. The following represents the written statement of the conditions for conditional approval of the plat,as described above.The applicant may submit a written response and revised plat that adequately addresses each condition. See the RESUBMITTAL REQUIREMENTS section below for further information. 1. Change the base name of the subdivision to City Point Addition. Update this reference on the drawing, title block, dedication statement, and other relevant instances. NRH Subdivision Regulations §110-331(Requirements for all plat drawings—subdivision name) 2. Label the point of beginning of the metes and bounds description on the drawing. NRHSubdivision Regulations§110-333(Requirements for all plat drawings—metes and bounds description) 3. Shown Lot 1X Block 24 appears to be a continuous lot adjacent to the Oncor right-of-way. There are areas where the lot width is not labeled or defined due to the narrowness of the lot. Add a detail or inset to the drawing showing the width of the lot in these areas. In addition, label the width of the lot where It is adjacent to Boulevard 26. NRH Subdivision Regulations §110-333 (Additional requirements for plat drawings—lot areas) 4. Is the right-of-way along Boulevard 26 proposed to be dedicated now by plat, or will this area be reserved for future right-of-way acquisition? It can be used for landscaping until such time as TxDOT moves forward with expansion in the future. NRHSubdivision Regulations§110-412(Generally—rights- of-way) 5. Add a 2.5-foot wide screening wall easement adjacent to the south property line of the Richland Hills Methodist Church property.The zoning of the property requires a masonry screening wall to be constructed at this location. NRHSubdivision Regulations§110-331(Requirements for all plat drawings—easements) 6. Open space lots that serve as "Proposed Trail Connectors" as defined by the approved PD zoning must also be identified as pedestrian access easements. NRHSubdivision Regulations§110-331(Requirements for all plat drawings—easements) 7. Add the City Council approval blocks to the plat. NRH Subdivision Regulations§110-333(Additional requirements for plat drawings—planning division approval certification) WHEREAS the City Council of the City of North Richland Hills,Texas, voted affirmatively on this day of ,20—to approve this plat for filing of record. Mayor,City of North Richland Hills Attest:City Secretary 8. Written acknowledgement from all franchise utility companies is required for all proposed general utility easement abandonments. A letter from each company or the attached form may be used to satisfy this requirement.A list of utility company contacts is also attached.NRHSubdivision Regulations §110-10(Conflicts with public and private provisions)and§110-361(General infrastructure policy) Page 1 of 2 1 PP 2019-07 9. Ensure that open space easements that are supposed to house drainage or water/sanitary sewer lines area I so dedicated as utility-specific easements.NRH Subdivision Regulations§110-331(Requirements for all plat drawings—easements) 10. Regarding franchise utilities in the alleys, will utility easements be required here? What is the status of franchise coordination? NRH Subdivision Regulations §110-331 (Requirements for all plat drawings — easements) DESIGN PRINCIPLES The following comments represent suggested modifications to the plat drawing based on general NRH design principles and standard practices in city planning. While conformance to these principles is not required by the subdivision regulations,the applicant is encouraged to include these modifications as part of the revised plat. 1. Add the City case number near the bottom right corner of the drawings (Case PP 2019-07). 2. Following approval of the preliminary plat, final engineering plans must be submitted for review and approval. The final plat cannot be submitted until the final engineering plans have been reviewed and approved by the city engineer. Preliminary plat approval does not guarantee that the final plat would be approved in the same lot and street configuration, as significant details such as street turning radii have not been provided. As part of the final engineering plan submittal, provide an exhibit showing turning radii to support the alley/alley roadway connection as shown where Blocks 17 and 20 meet the new road to Boulevard 26. This alignment could prove problematic if cars cannot maneuver effectively. NRH Subdivision Regulations§110-412(Design criteria—intersection angles) 3. Add the following notes to the plat. a. Open space lots must be maintained by HOA. b. No above-ground franchise utility appurtenances allowed in front yards (must be in rear). 4. A new street entrance from Boulevard 26 is proposed south of the Japanese restaurant at the corner of City Point Drive. This new street is approximately 300 feet long and provides a connection from Boulevard 26 to the ring road around the development. At about the midpoint on this street, two alleys merge and intersect the new street. The configuration of this intersection poses several challenges related to traffic safety, engineering design,and emergency services. During final engineering design, show and address how this confluence of multiple streets and alleys within such close proximity to Boulevard 26 can allow for safe and efficient maneuvers through the acute angles of this intersection. 5. The design of the street connection also results in 11 lots fronting an open space lot. Since these lots do not have frontage on public street,the delivery of emergency services to the lots becomes complicated. Utilities such as water and sewer would be located in the small area of the acute angled open space,whereby significantly limiting any tree planting opportunities within the open space and making it difficult for public works access to this infrastructure. Provide an exhibit that demonstrates the sharing of landscape space with water and sewer services. 6. The acute angle in the proposed street at the north end of the open space may be too tight for emergency service vehicles and may be require revision as the project is further engineered. Page 2 of 2 1 PP 2019-07 MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL, 4301 CITY POINT DRIVE DECEMBER 19, 2019 D.3 PP 2019-07 CONSIDERATION OF A REQUEST FROM MM CITY POINT 53 LLC FOR A PRELIMINARY PLAT OF CITY POINT ADDITION PHASE 2, BEING 21.55 ACRES LOCATED AT 4401 CITY POINT DRIVE. APPROVED Chair Welborn introduced the item and called for Planning Director Clayton Comstock to introduce the request. Mr. Comstock introduced the request. Chair Welborn called for the applicant to present the request. Bryan Klein, 1800 Valley View Lane, Dallas, Texas, presented the request. Chair Welborn and Mr. Comstock discussed the CAD submittal and DRC recommendations. A MOTION WAS MADE BY COMMISSIONER OLVEY, SECONDED BY COMMISSIONER DEUPREE TO APPROVE PP 2019-07 WITH THE CONDITIONS OUTLINED IN THE DEVELOPMENT REVIEW COMMITTEE COMMENTS. MOTION TO APPROVE CARRIED 6-0. December 19, 2019 Planning and Zoning Commission Meeting Minutes Page 1 of 1 From: Clayton Comstock Sent:Wednesday, December 18, 20192:00PM To: 'Randall ShUlet`Justin Welborn Cc: Mark Hindman; Planning Subject: RE: PP2019'07 Consideration ofa request from MM City Point S3LLC for a preliminary plat of City Point Addition Phase 2, being 21.SS acres located at4401 City Point Drive. Good afternoon, Randy— Your input has been received and will become part of the public record for case PP 2019-07 as it moves forward through the Planning&Zoning Commission and City Council. Regarding your question about why such an application would move forward toP&Z for review,the new HB 3l67 passed by the State Legislature and effective September l, 2Ol9 requires usto place a plat application onaPlanning&Zoning Commission agenda within 3O days ofacomplete application otherwise the plat is considered tobe approved assubmitted. Staff is working diligently with the applicant to deliver alayout that is more in keeping with the design intent of the City Point zoning district and addresses cLafys comments. We hope that the applicant will be able to share that "alternative" with the Commission before orduring the meeting. Thank you, Clayton Comstock, A|CP, CNU-A Director ofPlanning City of North Richland Hills (817)427-6301 From: Randall ShdOet Sent:Wednesday, December 18, 201912:36PM To:Justin Welborn Cc: Clayton Comstock; Mark Hindman Subject: PP2019'07 Consideration ofa request from MM City Point S3 LLC for a preliminary plat ofCity Point Addition Phase 2, being 21.SS acres located at4401 City Point Drive. Chairman Welborn , in reviewing the material regarding the above referenced preliminary plat, it seems that this request is lacking in numerous areas . As such , I encourage the North Richland Hills Planning & zoning Commission , and you as Chair, to vote to deny this incomplete request. In my time of service to the Commission , I don 't recall a single case presented for voting consideration , with as many incomplete, unaddressed areas of concern . The DRC outlines 21 "Conditions" of concern and eight (seven with the last being two-part) "Design Principles" . The City staff Professionals recommendation states : "RECOMMENDATION: Approve PP 2019-07 with the conditions outlined in the Development Review Committee comments . " I can 't imagine it possible for the Commission to have sufficient answers from the applicant, City staff and the Commission members to make an informed and educated recommendation to the City Council . As such , please vote to deny this "not ready for prime time" preliminary plat ; let the applicant work out the majority of the issues/concerns with the City professionals before presenting it to the Planning & zoning Commission with over two dozen unknown factors . other than being a concerned resident of the City of North Richland Hills , I do not have any vested interest in this preliminary plat. Having participated in hearing hundreds (perhaps thousands) , of similar cases , I can ' t help but wonder how and why this request is on the agenda with so many "conditions" . My concerns are strictly as a concerned resident, desiring the best quality development for our City! while high quality developments throughout our community are critical , this ' front door ' property to our beautiful City Hall speaks volumes about quality, orderly development of our City. Thank you for your consideration and respectfully submitted , Randy t z IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 10, 2020 SUBJECT: Approve the release and termination of access easements and easement agreements within the former Calloway Farm Addition for the City Point Development. PRESENTER: Caroline Waggoner, Director of Public Works SUMMARY: The City Council is being asked to consider releasing one easement and terminating two others in the former Calloway Farm Addition which served to provide cross access accommodations for multiple properties on the former North Hills Mall site where the new North Richland Hills City Hall is now located. GENERAL DESCRIPTION: The original easement agreements made between the four owners of the mall site located within the Calloway Farm Addition consider the boundaries (approximate) as shown in the graphic below. The agreements further consider five outparcels (the Medical Office Building, Sonic/Arby's, the triangle east of City Hall, and the two areas flanking Ruth Road) as "peripheral parcels" with rights to access the easement known as the "Ring Road." The ring road lies within the boundary of the original four lots, which are now owned by successors in interest the City of NRH, Spanos (developer of the 26 @ City Point Multi-Family development), and MM City Point 53, LLC (developer of the remainder of the City Point site). The agreement was amended by additional easement agreements as an additional perimeter parcel was added (Takara restaurant site). With the construction of City Point Drive as part of the City Hall development in 2013- 2016, there is no longer a need for the ring road easement to serve the City's property. As such, the City can release its interest in the easement as a Grantee. The proposed development of the entirety of the City Point property includes dedication of right-of-way and construction of public streets to essentially restore / replace the access that the original easement provided. In addition, the City is terminating its position as a Grantor in the easements granted for the Cox site and the Shopping Center site. The release of the easements by the perimeter parcels will be signed off individually by each of the remaining parties, to include the two active developers and the owners of the outparcels. NOKTH KICHLAN HILLS Approval of this action will terminate the easements and easement agreements listed and depicted on the map below: Termination of Easement Agreement - Shopping Center Site - 25.2367 AC D194036890 Easement Agreement — Recorded as Vol 11449 Pg 504 Termination of Easement Agreement - Cox Site - 9.7304 AC D194036892 Easement Agreement — Recorded as Vol 11449 Pg 578 Release of Easement - Federated Parcel 3 - 2.2881 AC D185501361 Easement — Recorded as Vol 8051 Pg 335 D185514469 Easement — Recorded as Vol 8092 Pg 938 I Y'N HII�1 JV„1dRj�DMRVM i "' V 0 I ij'f ,"� �",m�" y / S irk/ f� J(✓�l �7�"' �V`�i I a i�v ��' R �� d�`� 17, �I d Legend r rlf%✓ ERR"' �j�� ;r Id �ulrlUllllllllllf((llfllOhsgD➢IUJr1 I Federated FaHal i F , c� 1 z //V!°'!R i 'wuu. / �� '✓ f �p^y f w i1111111111111 F d a.l Pe I3 loiiiiajun«'«(�n Federate,Ia I-0 fm reaera2mo Pa I e J— Shoppingce s stOF � ^ /�r: Sanger Harris Site h�Wi(W�' RECOMMENDATION: Approve the release of easement and termination of easements and easement agreements in the former Calloway Farm Addition for the City Point Development. THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § RELEASE OF EASEMENT RECITALS: WHEREAS, JMB Income Properties, Ltd.-X, an Illinois limited partnership ("JMB"), Federated Department Stores, Inc., a Delaware corporation ("FDS"), and Berry Street Realty Company, a Texas corporation ("BSR") entered into an Easement dated December 10, 1984, and recorded in Volume 8051, Page 335 of Real Property Records of Tarrant County, Texas and rerecorded on February 14, 1985, in Volume 8092, Page 938, in the real property records of Tarrant County, Texas (collectively, the "Easement Agreement"); and WHEREAS, unless otherwise indicated, all capitalized terms used herein shall have the meaning ascribed to them in the Easement Agreement; and WHEREAS, JMB, FDS, and BSR are collectively referred to as the "Parties"; and WHEREAS, per Section 1 of the Easement Agreement, the Parties granted, assigned, and conveyed unto FDS, its successors and assigns, for the benefit of the Federated Peripheral Parcels and the owners and lawful occupants from time to time of any part thereof and their tenants, licensees, customers, agents, and employees, a perpetual, irrevocable easement and right of way for pedestrian and vehicular traffic over and upon the Ring Road and Ruth Street for access, ingress and egress to and from and between the Federated Peripheral Parcels, Shopping Center Site, Sanger Harris Site, Cox Site, JMB Expansion Parcel, and all streets, highways and alleys adjacent to and abutting any of the same (collectively, the "Section 1 Granted Rights"); and WHEREAS,per Section 3 of the Easement Agreement,the Parties granted to FDS and the owners from time to time all or any portion of the Federated Peripheral Parcels, the right to make curb cuts to the Ring Road as may be reasonably necessary for development of the Federated Peripheral Parcels (collectively, the "Section 3 Granted Rights"); and WHEREAS, the Section 1 Granted Rights and the Section 3 Granted Rights are collectively referred to herein as the "Easement"; and WHEREAS,the City of North Richland Hills, a home-rule municipality in the state of Texas (the "City") is successor-in-interest as owner of real property described in Exhibit"A" attached hereto (the "Property"), which Property is a portion of the Federated Peripheral Parcels legally described in Exhibit G-3 attached to the Easement Agreement; and WHEREAS, the shopping center and mall contemplated by the Easement Agreement have since RELEASE OF EASEMENT—PAGE 1 OF 4 been demolished and therefore the Easement benefitting the Property for the purpose of accessing the shopping center and mall is no longer needed; however, access to any future development that is situated on the same Property will be restored by the Developer through the subsequent dedication of public right-of-way and construction of public roadways to serve the perimeter access needs of the Property; and WHEREAS, in accordance with Section 6, Modifications, of the Easement Agreement, the City wishes to remise, release and relinquish its Easement benefitting the Property; and NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00), and for other good and valuable consideration the receipt and adequacy of which are acknowledged, the City agrees as follows: 1. Remise, Release and Relinquish of Granted Rights. Upon the filing of this Release of Easement in the real property records of Tarrant County, Texas, the City hereby remises, releases and relinquishes the Easement benefitting the Property, which was created and established in the Easement Agreement insofar as it affects or appertains to the Property described in said Exhibit «A» 2. Successors and Assigns. This Release of Easement runs with the land and binds, applies to and inures to the benefit of(as the case may require) the successors and assigns of the City, and each and every person or entity holding legal or equitable title to all or any portion of the Property. 3. Recording. This Release of Easement shall be recorded in the real property records of Tarrant County, Texas, notwithstanding any other agreements, written or oral, to the contrary. 4. Recitals. All recitals, set forth above, are incorporated herein by this reference as if they are specifically and fully stated herein. [Signature Page to Follow] RELEASE OF EASEMENT—PAGE 2 OF 4 Executed on this the day of , 20 ATTEST: CITY OF NORTH RICHLAND HILLS, TEXAS By: Name: Alicia Richardson Name: Oscar Trevino Title: City Secretary Title: Mayor Date: APPROVED AS TO FORM City Attorney STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the day of 2020 by Oscar Trevino, Mayor of the City of North Richland Hills, Texas, a home-rule municipality, on behalf of said home rule municipality. Notary Public, State of Texas RELEASE OF EASEMENT—PAGE 3 OF 4 Exhibit "A" BEING ALL of Lot 1R1, Block J, CALLOWAY FARM ADDITION, an addition to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in County Clerk's File Number D213073431 of the Deed Records of Tarrant County, Texas. RELEASE OF EASEMENT—PAGE 4 OF 4 THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § TERMINATION OF EASEMENT AGREEMENT THIS TERMINATION OF EASEMENT AGREEMENT(the"Agreement")is made of this day of , 20 (the "Effective Date") by and among MM CITY POINT 53, LLC, a Texas limited liability company ("MM"), 26 AT CITY POINT, LLC, a Texas limited liability company ("City Point"), the CITY OF NORTH RICHLAND HILLS, a home-rule municipality of the state of Texas ("City"), and SHING LONG INVESTMENT, LTD., a Texas limited partnership ("SLI"). RECITALS: WHEREAS, MM, City Point, City, and SLI are individually referred to as a "Party" and collectively, the"Parties;" and WHEREAS, JMB Income Properties, Ltd X, an Illinois limited partnership ("Grantor") granted and conveyed to General Mills Restaurants, Inc., a Florida corporation ("Grantee"), certain easements and rights-of-way (defined as "Easements" in the Easement Agreement) (the "Easement") pursuant to that certain Easement Agreement dated February 9, 1994, and recorded in Volume 11449, Page 504 of real property records of Tarrant County, Texas (the "Easement Agreement"); and WHEREAS, unless otherwise indicated, all capitalized terms used herein shall have the meaning ascribed to them in the Easement Agreement; and WHEREAS, MM is successor-in-interest to a portion of the Grantor Site; and WHEREAS, City Point is successor-in-interest to a portion of the Grantor Site; and WHEREAS, City is successor-in-interest to a portion of the Grantor Site; and WHEREAS, SLI is successor-in-interest to the Grantee Site; and WHEREAS, the purposes for which the Easement was granted are no longer in place as the shopping center and mall contemplated by the Easement Agreement have since been demolished and therefore the Easement across the Grantor Site is no longer needed; and WHEREAS, the Parties wish to terminate the Easement and Easement Agreement in accordance with Section XI of the Easement Agreement; and TERMINATION OF EASEMENT AGREEMENT—PAGE 1 OF 6 NOW, THEREFORE, for and in consideration of the mutual covenants of the Parties set forth in this Agreement, and for other good and valuable consideration the receipt and adequacy of which are acknowledged and agreed by the Parties, the Parties agree as follows: I. Recitals. All recitals, set forth above, are incorporated herein by this reference as if they are specifically and fully stated herein. 2. Termination. The Easement and Easement Agreement shall be terminated and all rights and obligations created thereby are fully, finally and completely discharged and terminated upon the filing of this Agreement in the real property records of Tarrant County, Texas. 3. Successors and Assigns. This Agreement runs with the land and binds,applies to and inures to the benefit of (as the case may require) the heirs, executors, administrators, successors and assigns of the Parties, and each and every person or entity holding legal or equitable title to all or any portion of the Grantor Site and/or Grantee Site. 4. Recording. This Agreement shall be recorded in the real property records of Tarrant County, Texas, notwithstanding any other agreement, written or oral, to the contrary. 5. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. All such counterparts together shall constitute one instrument. [Signature Pages to Follow] TERMINATION OF EASEMENT AGREEMENT—PAGE 2 OF 6 MM City Point 53, LLC: MM City Point 53, LLC, a Texas limited liability company By: MMM Ventures, LLC, a Texas limited liability company Its Manager By: 2M Ventures, LLC, a Delaware limited liability company Its Manager By: Name: Mehrdad Moayedi Its: Manager STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the day of 2019 by Mehrdad Moayedi, Manager of 2M Ventures, LLC, as Manager of MMM Ventures, LLC, as Manager of MM City Point 53, LLC, a Texas limited liability company on behalf of said company. Notary Public, State of Texas TERMINATION OF EASEMENT AGREEMENT—PAGE 3 OF 6 SHING LONG INVESTMENT, LTD: SHING LONG INVESTMENT, LTD., a Texas limited partnership By: SUPER LIN, INC., a Texas corporation, General Partner By: Name: Title: President STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the day of 2019 by , President of SUPER LIN, INC., a Texas corporation, as General Partner o Shing Long Investment,Ltd., a Texas limited partnership for and on behalf of said limited partnership. Notary Public, State of Texas TERMINATION OF EASEMENT AGREEMENT—PAGE 4 OF 6 26 at City Point, LLC, a Texas limited liability company By: The Spanos Corporation, a California corporation, its Manager A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or By: validity of that document. Justin Garner, Chief Financial Officer ACKNOWLEDGEMENT State of California ) County of ) On before me, Notary Public, personally appeared Justin Garner, the Chief Financial Officer of The Spanos Corporation, a California corporation, the sole Manager of 26 at City Point, LLC, a Texas limited liability company, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SIGNATURE (SEAL) TERMINATION OF EASEMENT AGREEMENT—PAGE 5 OF 6 CITY OF NORTH RICHLAND HILLS: ATTEST: CITY OF NORTH RICHLAND HILLS, TEXAS By: Name: Alicia Richardson Name: Oscar Trevino Title: City Secretary Title: Mayor Date: APPROVED AS TO FORM City Attorney STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the day of 2020 by Oscar Trevino, Mayor of the City of North Richland Hills, Texas, a home-rule municipality, on behalf of said home rule municipality. Notary Public, State of Texas TERMINATION OF EASEMENT AGREEMENT—PAGE 6 OF 6 THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § TERMINATION OF EASEMENT AGREEMENT THIS TERMINATION OF EASEMENT AGREEMENT(the"Agreement")is made of this day of , 20 (the "Effective Date") by and among MM CITY POINT 53, LLC, a Texas limited liability company ("MM"), 26 AT CITY POINT, LLC, a Texas limited liability company ("City Point"), the CITY OF NORTH RICHLAND HILLS, a home-rule municipality of the state of Texas ("City"), and SHING LONG INVESTMENT, LTD., a Texas limited partnership ("SLI"). RECITALS: WHEREAS, MM, City Point, City, and SLI are individually referred to as a "Party" and collectively, the"Parties;" and WHEREAS, the Dunlap Company— Texas, a Nevada corporation and R.E. Cox and Company, a Texas corporation (collectively "Grantor"), granted and conveyed to General Mills Restaurants, Inc., a Florida corporation ("Grantee"), certain easements and rights-of-way (defined as "Easements" in the Easement Agreement) (the "Easement") pursuant to that certain Easement Agreement dated February 9, 1994, and recorded in Volume 11449, Page 578 of real property records of Tarrant County, Texas (the "Easement Agreement"); and WHEREAS, unless otherwise indicated, all capitalized terms used herein shall have the meaning ascribed to them in the Easement Agreement; and WHEREAS, MM is successor-in-interest to a portion of the Grantor Site; and WHEREAS, City Point is successor-in-interest to a portion of the Grantor Site; and WHEREAS, City is successor-in-interest to a portion of the Grantor Site; and WHEREAS, SLI is successor-in-interest to the Grantee Site; and WHEREAS, the purposes for which the Easement was granted are no longer in place as the shopping center and mall contemplated by the Easement Agreement have since been demolished and therefore the Easement across the Grantor Site is no longer needed; and WHEREAS, the Parties wish to terminate the Easement and Easement Agreement in accordance with Section X of the Easement Agreement; and TERMINATION OF EASEMENT AGREEMENT—PAGE 1 OF 6 NOW, THEREFORE, for and in consideration of the mutual covenants of the Parties set forth in this Agreement, and for other good and valuable consideration the receipt and adequacy of which are acknowledged and agreed by the Parties, the Parties agree as follows: I. Recitals. All recitals, set forth above, are incorporated herein by this reference as if they are specifically and fully stated herein. 2. Termination. The Easement and Easement Agreement shall be terminated and all rights and obligations created thereby are fully, finally and completely discharged and terminated upon the filing of this Agreement in the real property records of Tarrant County, Texas. 3. Successors and Assigns. This Agreement runs with the land and binds, applies to and inures to the benefit of (as the case may require) the heirs, executors, administrators, successors and assigns of the Parties, and each and every person or entity holding legal or equitable title to all or any portion of the Grantor Site and/or Grantee Site. 4. Recording. This Agreement shall be recorded in the real property records of Tarrant County, Texas, notwithstanding any other agreement, written or oral, to the contrary. 5. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. All such counterparts together shall constitute one instrument. [Signature Pages to Follow] TERMINATION OF EASEMENT AGREEMENT—PAGE 2 OF 6 MM City Point 53, LLC: MM City Point 53, LLC, a Texas limited liability company By: MMM Ventures, LLC, a Texas limited liability company Its Manager By: 2M Ventures, LLC, a Delaware limited liability company Its Manager By: Name: Mehrdad Moayedi Its: Manager STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the day of 2019 by Mehrdad Moayedi, Manager of 2M Ventures, LLC, as Manager of MMM Ventures, LLC, as Manager of MM City Point 53, LLC, a Texas limited liability company on behalf of said company. Notary Public, State of Texas TERMINATION OF EASEMENT AGREEMENT—PAGE 3 OF 6 SHING LONG INVESTMENT, LTD: SHING LONG INVESTMENT, LTD., a Texas limited partnership By: SUPER LIN, INC., a Texas corporation, General Partner By: Name: Title: President STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the day of 2019 by , President of SUPER LIN, INC., a Texas corporation, as General Partner o Shing Long Investment,Ltd., a Texas limited partnership for and on behalf of said limited partnership. Notary Public, State of Texas TERMINATION OF EASEMENT AGREEMENT—PAGE 4 OF 6 26 at City Point, LLC, a Texas limited liability company By: The Spanos Corporation, a California corporation, its Manager A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or By: validity of that document. Justin Garner, Chief Financial Officer ACKNOWLEDGEMENT State of California ) County of ) On before me, Notary Public, personally appeared Justin Garner, the Chief Financial Officer of The Spanos Corporation, a California corporation, the sole Manager of 26 at City Point, LLC, a Texas limited liability company, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SIGNATURE (SEAL) TERMINATION OF EASEMENT AGREEMENT—PAGE 5 OF 6 CITY OF NORTH RICHLAND HILLS: ATTEST: CITY OF NORTH RICHLAND HILLS, TEXAS By: Name: Alicia Richardson Name: Oscar Trevino Title: City Secretary Title: Mayor Date: APPROVED AS TO FORM City Attorney or its Designee STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the day of 2019 by Oscar Trevino, Mayor of the City of North Richland Hills, Texas, a home-rule municipality, on behalf of said home rule municipality. Notary Public, State of Texas TERMINATION OF EASEMENT AGREEMENT—PAGE 6 OF 6 84-D-24366R BAR l6� STATE OF TEXAS ) 3000 501361 b 01/07/85 KNOW ALL MEN BY THESE PRESENTS. COUNTY !F HARRIS ). EASEMENT THIS AGREEMENT is made as of this /0 day of (�eL ey , ° 4984 by and between. JMB INCOME PROPERTIES, 'LTD.-X ("JMB" inois limited._'. 41, partnership having its. principal office at 875 North Av ue, Chicago, Illinois 60611, and FEDERATED DEPARTMENT STORES, ( DS") `a Delaware ' corporation.having its principal office at 7 West eet, Cincinnati, "..Ohio,.45202. and BERRY STREET REALTY COMPANY ("BSR" a T s corporation'having its principal ::o#fice at.6 5/-C CFort :Worth, Texas F. �..': W T T::N.E S S H WHEREAS, JMB is the owner of a p cel of 'land located in North Richland Hills, Tarrant County, Texas as more icularly .described on Exhibit A _ attached hereto and made A part hereof arcel-`.is hereinafter•called the. . "Shopping Center Site"), and T WHEREAS, FOSz is the.,owner. of of land located in North-Richland Hills, Tarrant County, "Texas a r rticularly'.described on ;Exhibit B attached.hereto and made i a pit of hich parcel is,hereinafter.called the .,sanger Harris Site"); andb. : y -WHEREAS..;BSR..is-:the -a parkel- of. land located in 'North Richland Hills, Tarrant County, 7 as _ore particularly described on Exhibit C attached-hereto and made reof (which parcel is hereinafter called the "Cox Site").;-and "NHEREAS,. JMB is of a parcel of-land located in North=Richland - H�lls Tarr-ant•>Cou , s• as 'more 'particularly :.described"on Exhibit D attached hereto part hereo# (which parcel is hereina#ter Called the 'JMB`Ex ansi Parce and WHEREAS, date of-:this agreement, the.:Shopping-Center Site, Sanger, {, Harris Site"and:Cox ite. comprise a parcel of property that IsIA shopping center and which is commonly referred to as_North Hills Mall; and WHEREAS, attached,heretw and made a `part.'hereof is an Exhibit'E-1 which depicts'a..boundary survey of'the:ring road and'access roads which surround and . serve. the:Shopping Center Site, Sanger-Harris Site, Cox: Site and JMB. Expansion " Parcel Portions of',the ring road and access roads :( the -"Ring Road") are located on 'the: Shopping 'Center Site, Sanger Harris Site, Cox'St and JMB Expansion Parcel. The Ring Road is also<described by'-- -legal..:adescription ;• attached hereto as Exhibit &.2 1 s t • VOL Bon 1777j, e, 11/16/84 _ fh x� WHEREAS, JMB is also the owner of a tract of land which intersects with the ring road .and which is commonly referred to as Ruth Street ("Ruth Street") and which is more particularly described on Exhibit F attached hereto and made a part hereof; and - WHEREAS, Federated is the owner of five (5) parcels of land that are contiguous to the Sanger Harris Site, Cox Site, Shopping Center Site and/or the" 44 JMB Expansion Parcel. These five (5) parcels of land are hereinafter referred g to as the "Federated.Peripheral Parcels" and are more part larly described in !!! Exhibit G-1 through G-5 attached hereto and made-a part h=eofw NOW, THEREFORE, in consideration of the mutual c an reinafter set 4_ 'forth, and for other good and valuable consideration rece. t h eof is hereby - acknowledged by each party, the parties do hereby cow nd agree with each other as follows: Section 1. Grant of Easement. JMB, FOS B inafterreferred'to as the Parties") hereby grant, assign and vey " o FDS, its successors and . assigns, for'the benefit of'the Federated P iphera arcels and the owners and lawful occupants from time to time of'any thereof and their tenants, : { licensees, .customers, agents and empl s, `a perpetual, `irrevocable easement #- x and right of way for;pedestrian and we i traffic over and-upon the Ring j Road and Ruth Street'for access, Ingre ress to-and from and between the Federated Peripheral Parcels, St i e er• Site, Sanger Harris Site, Cox Site, JMB',Expansion Parcel,:and all t1 s, highways and:;alleys adjacent:to and �., abutting any,of the.same. } These grants of perpet Bement shall be non-exclusive and shall ; not be for parking purpose i. The Parties may ;at a im from ,time to time relocate any,portion of the Ring Road on 'their'res a S.�.tes: provided"the.foilowing:conditions, are fully_complied with: ' ' (i) The R� d :shall after relocation provide continuous - uni circulation around'the-perimeter of the Shopping € C Site, Sanger ,Harris Site,,Cox Site and JMB. Expansion ( Ingr s to and egress.:=from the'Federated Peripheral Parcels _. he ability- to. make curb -cuts as provided herein at Section 3 shall not be impaired., j ( ii) All 'costs and.-expenses of "such relocation (including 1 ,rebuilding and:repairing any additional twelve foot (12') lane t; that may'have been added per Section 2) shall be Lorne by the ' -.party An relocation; and G. 'An amendment to this Agreement which sets forth the new legal { " description :"of the easement shall be recorded. in the ,Deed :; Records of Tarrant County, Texas. f Section 2. Expanded Ring Road. ,JMB herein 'grants FDS "the right to ' construct, at FDS's option and expense, an additional lane of up to twelve feet } k --(121)-in-width along•.the-western poriion-of t..he--Ring Road-over�he-JMB-Expansion Parcel as indicated on Exhibit E-1. This additional lane, if constructed, shall be part of the.Ring Road.and FDS shall.not hay.e:_any exclusive rights to,its use. E:. 2 VOL. BDSI LACE 336 i In consideration for FDS adding such additional lane and having an easement thereto, FDS agrees to contribute to JMB on an annual basis, commencing upon completion of such additional lane by FDS, an amount of money representing FDS's i pro rat& share of cost to maintain,such expanded lane. Maintenance costs shall include, but not be limited to, repair and insurance. FDS's pro rata share V shall be determined by multiplying the total cost of maintaining the entire Ring Road on.the Shopping Center Site, Sanger Harris Site, Cox Si nd JMB Expansion = - Parcel, as expanded, by a fraction, the 'numerator of s=the acreage _ covered by"'the expanded lane built by FDS and the den r o which total acreage covered by the entire Ring Road, as expa d. _ ' Section 3. Curb Cuts. The Parties hereby gran d the owners from time to time of`all or any ,portion of the Feder d ipheral Parcels, the +` ` ri ht to make curb cuts to the Rin Road a g g y sonably,necessary for '. .development of the:Federated Peripheral Parc s, the cation of which curb cuts shall be subject to the reasonable approva J (and if JMB and FDS are unable to agree upon the,location of curb cuts, same shall be determined by -an independent traffic engineer). JM ees not to install any barricade [ unreasonably obstructing the view or `pr construction of the curb cuts between its property and the Federated e p al Parcels, but`nothingishall be j construed as prohibiting JMB from h i berm and the landscaping thereof. In the event FDS elects to add d nal 'lane as set forth in the.prior f `. section hereunder, or to make ur uts set forth in this Section. FDS shall, : to the. extent practicable-a the,area where_the. berm is removed for j the `curb cut, 'rebuild may_'be built by JM8 and- restore. the .i landscaping thereof. --- - -- --— - -; — --� j Section 4. Headings. n headings herein are for convenience and z reference-only, :and .in wa define or limit-the scope. and .c_ontent of #Js.. { Agreement or in any-w its-provisions. i_ n Section 5. Go nin aw. This Agreement'shall'be`governed, by;.and construed and i orAW with,.the laws of the;State of Texas. Section 6. Modi tions, This .Agreement cannot be changed. 'modif- d, [f 1 i Waived or`di s ed lly, but only by an agreement in writing,'signed by the party against wham. orcemen# of the change modification, waiver*nr.discharge as sought. + jSection 7. Injunctive Relief.-:In the event of any violation or threatened violation by any %party of any of the terms, restrictions, `covenants and ; _ conditions of this Agreement, the party :hereto which is benefited by such ! ' violated or threatened term,restriction, covenant or conditions shall have the ! . right to enjoin such violation or threatened'violation in a court of competent Jurisdiction. i. Section 8. Severability. If any term, provision or condition contained in "this Agreement shall 'to any extent be invalid or unenforceable, the.remainder of , this Agreement (or the application of such term, provision or condition to parties or circumstances :other than .those jin respect of which it is invalid or t I - 3 -��L -M1--ICf -3:37 11/16/84 t�u.ri unenforceable) shall not be affected thereby, and each term, provision and condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. of Section 9. Successors. Except as otherwise expressly provided in this ar Agreement, this. Agreement shall run with the land, both as respects benefits and burdens created herein, and shall'be binding upon an inure to.&e benefit of the parties hereto and their respective successors and assigns. � { - Section 10. Notices. -Any notice which a party is, require re"to give the other under ;this Agreement shall be in wri= g personally ! _+ delivered or given by the United States ,registered or mail, returned f =� receipt requested; addressed as follows: To FOS: Federated Department Stores, -Inc .7 Vest Seventh Street 4 Cincinnati, Ohio 45202 { Attention.. Beal Estate Depa Copy to: s Sanger Harris Corporate bffi c® '303 North Akard S Dallas, Texas`7 01 J Attention• f the chairman _ To`JMB JMB In ies Ltd. X _ 875 Mort an Avenue. Suite 1 'i Chita I1 ois 60611 At Mr Robert J..;Chapman. _Pi r r, Nichols A Meeks a � tSeveath-Street ' i Cincinnati, Ohio 45202 Attentinnr David 1_ Huprtch, Esg.. fIf Subject to the right of 2a-party"to designate a different address, for itself i. by notice similarly given v t f f BDU WE - - - — -- - - - - r 11/16/84 IN WITNESS WHEREOF, the parties hereby have fully-executed this agreement. as of the day_,and year first above mentioned. JMB INCOME PROPERTIES, LTO-X a limited partnership ; By::'JMB PROPERTIES-X, INC., i an Illinois corporation, 'General Partner -comas B. Br wn gnatory :. FEDERATEIf EPARTMENT TO INC. By: Title: ide-1 n Attest- Title cav t`a. BERRY STREET REALTIW4&PANY a;Texas corpora . h i By. r .h 73t1e• r ; t � - VOL 8051 AD[ 339 11/16/84; ` - i t STATE OF OHIO` 3 SS COUNTY OF.HAMILTON ) . s r BEFORE ME, Darlene M. O'Neal, on this day per onally appeared s Thomas H. Brown, known to me to be the person whose`name is bscribed to the + foregoing instrument and known to me to be an Author' atory .of JMB - Properties-X, Inc., an Illinois corporation, and 'ack d me that he executed said instrument'.for the-.purposes and consid on erein expressed, An the'capacity therein stated, and as the act of o tion, and as of } the act of JM8 Income ,Properties, Ltd.-X, an I71in lim d partnership, said s •. i corporation being 'the general partner in JMB' e i' ties,„Ltd.-X. ' Given under' my hand' and seal of c has y — day; of 19 � i � 1/1ill7tftllh 400Ag1 JAL. F � * ��F -,Notary Public t: a? Notary C. ohid O; i .o `,�+��•� OF �i��,` _ �®• - � ry : j ST'ATE'`DFa�O!l1t1, ) E i ) SS " COUNTY OF HAMILTON Before me, the un authority on this:day.personally, appeared_:James 11. Selonick and 5 uzr known to'me to be the persons'whos ubscribed to the foregoing'instrument,• and'known to me- to•be;Senior vi resident and `�c-Cc v+ 4 of Federated"Dep t`S es, Inc., a Delaware corporation, and'acknowledged to me that they-'execu aid-instrument for the purposes,and.consideration-therein expressed, in. the capacity-;therein s_tatPd, and as the act.of'such, corporation s Given, under 'my _hand and seal of -office- this "�- day, of'. € r is Notary,Public _ NARDA2A f77 a try Of ob, on N� VOL Si PaCE 3W 4 a 12/12/84 F 3; STATE OF TEXAS. ) - i SS a.. , COUNTY OF-!.f•ILRr✓�) } Hefore me, the .undersigned authority on this day onally appeared Y _and J - known to me to be the persons. whose name is subsc to a foregoing } instrument, and known:to.'me to A ALL./, an � of Berry Street Realty Compan corporation, and acknowledged to me that they executed said inst nt or he purposes and 'consideration therein expressed, in the capaci Q fated,-and as the act'ofsuch corporation.Given 'under 'my '`hand'and `seal ,of han day of, f ' ,,1984. iL . TEYw ,Notary,Public TAMMYE WEAVER 7dYsommtssion: -€ - i F "j y j C 11/16/84 mlau e Being a tract of land out of the M.M. WALLACE SURVEY, ABSTRACT NO. 1606, and being out of-the Calloway Farm Addition, 3rd Filing, an Addition to the City of North Richlaad 0111s, Texas filed in Volume 388-126, Page 89-89A, Tarrant County Plat Records and being more particularly described as follows: } SMPPIM CENM SITE swae as Uyr 1 l CM41ENCOG at a point in the southeasterly rigb 1 of State Sighway 121-n, said point being north 47 !3 Zest, feet along said ling fray the intersection d line with the easterly lino of the Tezas Electric y i ' rigbt-of-vay as recorded in Volume 1947, Pa a ! the Deed Records of Tarrant Countyr thence South 42 jW t, 12.0. feet; south 4T4i'30' West, 79.0 feet fora O! tNSINO; , M=CE South 42.13130' Last, a distance o feet to a cocner; TMM= Nocth 47.46'30' Zest, a distanc of 209.40 feet-to the beginning of a curve. to the lefts I TAMM in a Northeasterly direction a d curve to the left having a radius of 301.0 feet, a c a le of 140451420• and an'arc length of 129.08 feet to t2 said curve to the left; e 'M1CZ South 70'S3'30•'East, a di c f 258.8 feet-to a cognac; 4 2== South 3v00'09' East, a o! IS2.29 feet to a corner; TEE South NPAW300 East t a of 494.93 feet to a corner; E -2mmCE-North 19"16'30' Zest, taace of 29.74 fast to the beginning: of a curve to the TMM In NocthsasterIY = on along said curve to the left having a radius of 100.0 , central.angle of 43*341234, and an g _ arc length at 80.12 fen and of-said-curve to the laft and tba . ba9laaisq of a =W*S!r r gbt=. ina nor irection-along said curve to the right i having a radius o 4.0 f t, a central angle of_34026.42•,.and an arc length of 44.49 Lee and of said curve to the rigbt; ; MM= South 70•43'30` Zast, a distance of 281.32 feet %o the beginning -of a curve to the right; a in a southwesterly direction along said curve to the right laving a radius of 434.39 feet, a central angle of 14041''si•, a chocd Of length 11i.81 feet and beaing south 11 5511320 nest, and an are - IP length of 117.13 feet to the end of curve to the right! TMOK31 south U6 1i'30• west, a distance of 229.90 feet to the beginnia�, j of a curve to the left; . TREWM in a southwesterly direction along said curve to the left laving a radian of 20.0 feet, a central an of 9000.0001p and as t are length of 31.42 feet to the and of said cane to tbe.left and >i ftban A -Tap 1 of 2. VOL 8051 PACE 34,? VM IT B MM= in a southeasterly direction along said curve to the right having a radius of 526.S0 feet, a central angle of 30026 55', and f an ago length of 279.80 feet to the and of said curve to the right j and the beginning of a curve to the rights TmCE in a Southeasterly direction along said ve to the right having a radius of 942.77 feet, a central an 40'00'00', and an arc length of 658.18 test to the end of to the right; TBOCE South 00°16'35' East, a distance o: 0 t to a corner; { TBENCE South_8?43'200 West, a distance t to a corner,. j . MMM= North 00"16'35' Nast, a dis 0 0 feet to the.beginning y' j of. a curve to the left? TUNCE in a Northwesterly direction on said curve to the left 'r ! having a radius of 912.77 feat, a ce angle of 40000'004, 'and an are length of 637.23 feet t e and of said curve to the left. and the beginning of a curve to left; S TMCE in a Northwesterly dir ong said curve to the left { having a radius of 496.50 fret ntral angle of 306266554, and an arc length-of 263.86 feet to a at said;curve to.the left and p the beginning of a curve to ft; : f TMCE in a Northwester ec on along said curve to the left t having a radius of 20. central angle of 90000100', and an_ �: F F are Length of 31.42.1E a end.of said curve-to the left= _ . TSENCE liosth V 43'3 a distance of 32.0 feet to a:corner; !Mw= North if:L6' , 'a distance of 143.75 feet to a corner, MM= North 70'43' t,.a;distance of 295.14 fast to a corner s TBENCE South 19' •3 west, a distance of 241.40 feet toL a corner, TEE North hest,-a distance-of 4.11 fret to a corner; TBENCE:Nor 0'4 fl' West, a distance of 218.42 feet to a corner; 4'South 64 6030' West, a distance of 85.78 feet to a corner; MW= South 19'16130':Nest, a distance of 283.69 feet to a corner; f '1'SENCE South 640160300 West, a distance of 237.39`9aet to a corners t i. TBE= North 25°43030' West, a distance of 639.71 Teat to the r: beginning of a curve to the rights { Tsm= in a Northwesterly direction along said curve to the right r having a radius of 182.54 feet, a central angle of 73e30100', and an arc length of 234.16 feet to -the end of said curve to the right F; 'aad the beginning of a curve to the lefts TSF�tCE in a Northeasterly direction along said curve to the left: ----having a radius of 20.0 feet• a central angle of 9000'00', and an arc length of 31.42 foot to the and of said curve to the left; ' Vz= North 420.13130' Nest, a distance of 167.10 feet to a corner; TMMCE North'47*46'30" East, a distance of 43.0 fast to'the PI ►CE Or SEOZZ;etING and containing ls `res. vo! 8051 tAC# 39't tshU:Lt A - lap 2 of 2 �asa� • I • Exhibit B Being a tract of land out of the W.Y. WALLACE SURVEY, ABSTRACT NO. 1606, and being out of-the Calloway Farm Addition, 3rd Filing, an Addition to the City of North Richland Htlls, Texas filed in Volume 386 126, Page 89-89A, Tarrant - , County Plat Recbrdsr and being more particularly described as follows: SA1ft:E8 >I7IRRIS SITZ ' 1swcz A. LOT 1 CGMSSErmw at a point far a corner in the Southeas 1Y right-of-way line of State Highway 121-A, said point being 4613011 East, 1649.62 feet along said line from the intersec id line with the Easterly line of the Texas Electric any right of-map as recorded in.volnae.l947,'page 169 the •7tacosds of Tarrant County; { '1'S M= North 47*46130• East, a distance of 72. feat to a corners i 1230M north 470310430 Nast, s distan of .80 feet to the beginning of a curve to the•lefts TSENCI in a Southeasterly direction al id curve to the left having a radius of 30.0 feet, a c al angle of Sr 071480, a chord of length 44.72 feet and bearing S 1S'341210 Zast, and an are length of 46.34 fast to the and o rve to the lefts TMCE South 42.08t13' Zast, f*di of 90.0 feet-to the beginning of s curve to the rights TBEMCE in a Southeasterly air `along said curve to the right ! having a radius of 210.0 t a ntral angle of 64 29'291, and an } ' are length of 236.37 fee d of said curve to the right.and. i the beginning, of a enry efts 3'SFtICE in-a Southeaster it ion along said curve to the left- having a radius of 20.0 a central angle of 79035940•, and an arc length of 27.78 f e end of said curve, to the loft-and the-beginning of a the rights -THEW= in na Southe direction along said curve to the right having a radius of 1: set, a central angle of 31'30'33•. and an sae length of 3 t to the and of :said curve to the rights. -T101cz South 43' Zast, a distance. of. 282..04 feet to the . begiming.of the rights , TSEnCE In It Southeasterly direction along said curve to the right having a radius of 436.3.E feet, a central angle of 30818t046, and . ;s -an are length of 241.43 feet'to the and of said curve to the rights 8 TIM,!1E north 709 431300 Rest, a distance of 281.82• feat to the beg i using of a.save to the-lefts r TMae Lt a Southeasterly direction along said curve to the left . having a radius of 74.0 fast, a central angle of 30*241420, a chord of length 43.82 feet and bearing South 902493210 Zast, and an arc` t length of 44.49 feet to the and of said curve to the left and the I beginainq of a curve to the rights . MICE in a Southeasterl= direction along. said curve to the right having a radius of 200.0 feet, a central angle of 43034/230 and an. 1 --=are�Iength=of 10.12 feet;to the-and-of-said=cnnva=to=tha-righti - 23mit B -Tap 1 of 2 VQL 8051 DACE 344 a. E�I3rT s TMM= South W 16'304 Maste a distance of 29.74 f t to a,cocner; '7. mes North 7V 43'30• West,,& distance .of. 494.93 to a.earner; — T�liCL' North 3004.1090 West, a..distance of_151. t a:corner; i North Tr 431300 West, a distance of 238. t to the beginaiaq of a carve to'tho right; TMOM in a southwesterly direction al a to the right having a radius of 301.0 feet, a cantr 14a45 42•, a chord, of length "128.72 feet jaW hearing Sou 409 9• Nest, and an-arc llangth.of 129AS feet-to"the'and of sa cure to thesigbtt TBENCE South 470460.30• xast,-a din a of 09.40 feet to a corners t - a =M= North 4r131304 West,, distan 219.10 feat'to a.corner, TEN= Korth 474462300 East, a di L 43.0 Legit to a corner; r TEMM south 4201313010 East, a d of 167.10 feet to the ' .' beginning:of a curve-to.:the 1e FTSEIiCE in" a Southeasterly along said carve to the left having a radius of 20.0 f ntral angle'of 9e 001001, and an a=c -- langtb._of 31.42=meet;.-,to_- -said-curYn_to the_Ie�t� TSF, CI North 47.461300 istance of 146.40 feet to 'the beginning of a cucva to t; _ _ '. • -in" a Northeasta d action, along said curve, to the deft having a radius of 4 t, a central angle of 2r 401000, and.an ` arc.length of. 177.35 the and of=said curva'to the left; TSSliCE forth 260 t,, a distance of 313,41 feet to the t be9iaginq:of :a en;v he right; ; . 3'mm= in. a i a sly direction along said curve to.tho right `. baviag a radius o .0 feet, a central angle of 170280270, and an .,are length--of°76.55 ,fast'to the end of said curve to'the sight; 388NCa North 4r1.31300 hest, a distance of 32.39 feet to the PLAICE T Oar ,XWUNING and containing 14.1092 acres. 1 i L'chibit s -Pap 2 oi.2 t YOL '8051 PACE 3C - - - - -= ZMAIT C Being a tract of land out of the M.M. WALLACE SURVEY, ABSTRACT N0. 1506, and ? being out of-the Calloway Farm Addition, 3rd Filing, an Addition to the City of North Richland Ntlls, Texas filed in Volume 388-126, Page 89-89A, Tarrant - s County Plat RecbrdS and being more particularly described as f liows: i COX SITE, BLOCS C, LOT 0010SEtiC23iG at a point in the Southeasterl -way of State 4 Highway 12L--11, said point Borth 47'46'30• 970.0 feet from I the intsrsection.of said line with th line of the Texas sleetric Service Company right-of- r "dad in Volus�i 1947, l page 169 of the Deed Records of rant ty; south 42.13'30• j `,East, 12.0 feet; South 47.46'30• We 122 faett South 42013'3ON East, 167.10 feet; in a Southeaster ion along a curve having a radius of 20.0 feet, a central angle o 90•00`00•, and an arc length of 31.42 feet to the end s cures; in a Southwesterly . i direction along a curve having a ra of 182.54 feat, a central eagle of 73.30'00', and an arc 1 234.16 feet; South-25'43'30• East, 639.71 feet to the PC►CZ ING; { i North 64016130• East,a ce of 231.39"feat to a corner; ' � North 19"16'30• East, d tance of 283.69 feet to a Cotner; -; { " +. * I TSENCZ North W16'30' stance of 85.78 feat to a.corner; _TBENCZ_South-_7a*-43'-30' istance'of-218.02 -feet to a corner; f TMCZ South 25.4330• distance of 4.11'f*at to a Corners s Notth UPIss30 Ens , a distance of 241.40 feet to a corners _ -- 6 South 7V 43' to a distance of .295.74 feet.to a corner;� t Tau= South • West, a distance of 143.75 fast to a corner; 4 78E9CE South 70.43 • East, a distance-of 32.0.feet-to a corner; ,I TBEMM South ' • West, a distance of 468.05 feat.to the f ; i beginning.of a-cu a to the right: I { TMM= in a Southwesterly direction along said curve to the right j i having a radius of 90.95 feet, a'central angle of 70'26'S0•, and an arc length of1=83 feet to the and of said curve to the.rightt• j a ' E TIED= South BV43120• tests a distance of 392.74 feet to the beginning, of a curve to the sights rt TBm= in a southwesterly direction along said curve to the right , having a radius of 332.66 feet, a central angle of 9033'100, and an are length of 374.79 feet to the and of said curve to the right i and to,the PTd►Ct Ot �GiNNilIG and containing 9.7304 acres. 6. ?`i >bd+3Dir -sage 1 of 1 ° f VOL 8051-UPT W y Exhibit D `:.. I BOUNDARY DESCRIPTION 19.3323 .Acres A9 ---being a tract of land out of the W.W. WALLACE SURVEY, ACT 1606,. and = being out of the Calloway Farm Addition, 3rd Filing, n A tf to the City of North Richland Hills, Texas filed in Volume 388-1 a 89-89A,:1arrant County Plat.Records and,being more.particularly des, ol.lows: BEGINNING at a point, said point b tersection of i the South Ilne of State Highway 26- and e'Esst line of the Texas Electric Service Company R O.M. filed in Volume I 917,. Page 1,690 Tarrant County Dead R rds• ?HENCE North 47. 460 30" East, long said S.H. 26-A R.O.M.,, i a distance of 413.12 feet to `a _p of curvature; THENCE along a curve to the r said cure having a central angle of 12P 341 410, a i of 250.00 feet, and an arc -Iength of 54.88 feet. ® ears North 54. 031 50" , East, a distance, of 54.77 fee a point of reverse .curve turn. 4} :THENCE along a cury ft, said curve having a. central angle of 12. 3 a radius of 250.00 feet, and an arc length of 54.88 'IF ord'bears North 541 03• 5.0 ' a distance of_S _ l to_a point_of. t.anysncy;_ THENCE North 47' t, a distance of 3.35.00 feet to p F a point for.corner; . s I . THENCE South 42• East, a distance of 167 10 f.ut to. .= a point of carvat _- — 77 THENCE alon veto the right, said curve having a t.; centralangle :o • 0'i OOe, a"radius of 20.00 feet, and an 1. . _arc`Iangth f 31.4 feet (Chord bears South 20 :46f 30" Hest,- a `distance: 8. feet) to a_pioin# at'raverse, curvature; " THENCE along a curve to the left, said curve having a f ; �i central angle of 73. 302,000. a radius of 182.54 feet, and an arc langtA . of 234.16 foot (Chord bears South 114 Oil 30,E �" ifest.. a distance of 218.44 feet)' to a.point of tangency; i THENCE South 25. 431 30"."East, a distance of 6.39.7t feet lv k a.point of "curvature; t l .THENCE along a curve to the left, said• curve having a '.. central angle of .64• 331 100, a radius of 332.66 feet, and f an arc length of 374.79 feel (Chord bears South 58. 001. Od", { `a, dlstance,at 355.19'f.ee!)• ta�a point>of tangency; THENCE North 89. 431 20 East, a distance of382.24 fee_t,to a point for, corner;. y• Page 1 of 2 Pagea c p i i 8041 PA�f. 347 i TNENCE" South 00.191 451. t, a, di itahci oaf'75.00 feet fo a point for corner3 . - '... THENCE South e9. 43. 20" Meet, a distance of 1138.71 feet to . '4 point for corner HENCE South 00. 19r 4SN- East, a I stance-of 4 at to _ _ - _a :polnt aor cornarf. . THENCE South 89. 130 20"°Mast., ,a distance o fee# to ' - a point for corner, 1 "THENCE North 00. 191 43" Weft., s„d s st • 6.74 feet to point for 'cornar; y THENCE South 59. 43. 20' .Mast, a di ones 175.94 feet to a point for corner; . I f , -THENCE- along a curve to the r t, said curve having .a cantrsl `angle of 38• 27. 38•, a ra of 300.00, and an are length of 201.41 feet (chord bear r 11. 02. 4(' slast, a distance ot,.197.63 fast) to a po t angency;< THENCE South 89. 13 2D• va®, tanrya, of..117.86 feat to a pof nt for:"corner; 'THENCE North 00. 241 25S11e 4istance of 530 OS fset to # the POINT" 01;HEGINNINGI ! _iONTA.lNiMC 044�291.4 eat or 19 3823 arras of land. r { M..� Exhibit 0 ((( Yage 2 of 2 Yages, 1 _ - l-- J . - f ?r i ! 9 7 N 44-1°4U' P. 4-1 ate' o^'f 4,38 .•�+3 ou psc. : r � 04 E r � � 019, N'q '4 39, 1 pi ��,��`"f' 'F..f^+l..i��:'6�b.:�r�'C��,�.�fcxt 'K...•r�a�aa?t��-�a-f��,�v_`•[�,F�r t?�r� f 3s,�fr<✓s..�.:FeX,u•,a :n.%Eik40 r 1 J� ,r N q I 0 ''4- 077 4o'o, y � g J n D, o ; 41 n7 � J u �7, 4U 3O P - N ° t �'3C, � 3(0_bo •� Yv _ r v 4t, 0 d30�Rorn t>42 'V-raEw— c ti 43ov Pk. roSC. (r JJ .. o�9...X TO 6.r_. 7 - fi� ft 'E - N 4-7p4L 74 39 ax- � , Q r , �rl1 7r.t �:-$,,. :L��.f w i�"�✓?r�v�,a?�'�.'+.� r.• �Q "X To S� i Llr•� .i P 2� Nc-) o �4y 0-9 - zj"l 1 OD v� S2 °A3`3o t <5`43'3u E q� Z5S2,1a4 1 3v,9 2' t ' ►NGE HAII3IS - r C Z8 C 14 a t a t- tiY,y F�,t.Z„7 e .y`: ti 7 CURVE DATA Ij 1 r J NO ANGLE RADIUS LENGT deg min sec ft f 1 38 27 58 300:00 - I. _ l Q 12 34 41 .250.00 $ - 3 90 00 DO ;,20.0 4 21 40 fl0 '469.0 37 71 5 93 33 59 ... .00 .07 6 05 38 41 51.00 :60.M 7 96 51 .'45 33.81 8 60 '!5 " 160.00 168.28 9 53 05 2 00 46.33 '10 3 Oi DO 46.36 11 64 p6 10.00 236.37 12 79 3 20.00 27.78 i 13 31 0 5 i 651.00 `'358.08 14 4 0 456.56 . 358.53 a r i5 00 20.00 31.42 - _ - 16 - - 35_ ._526 50- 279,20 - 17 00 ' 942.77 658.18 13 40 DD 00 912.77 _ 637,23 19 26 55 '. .496.50 ;.263,$a '3* i - _ 26 50 i 90.95 F :111.83 49 18 26 i 287.100 '. 246.99 48 i0 55 ''287.DO ' 241.35 23 28 31' S9 212 00 105.95 .2 37 59 188 00 93.95 f �5 21 40 00 '501.00 :;_ 189.46 y 26 83 33 591 219.00 319.40 27 .44 • 36 01 i'619 00 481.84 28 45 '00' 00 424.56 ' 333.45 29 70 26 50 S$.95 72.4£ ! is 1 30 89 52 15 243.00 381.16 3d 48 10 55 243.00 204.35 � U 37. 59 :'16$ 00 83.96 33. 28 3.7 59 j 232.D0 i n.94 { i � } VOL t • �a/+bt:C.z d��Ci� �.;•�r'{xTL:...e�:,. ,- � .-�✓µ R -t:1. -- f '. �.;.. `` f ,-� � _ „ . 1 90 �00 IN N V o S i IN 30 t ju 4- 7. -_ -- - - - - LK VOL r i i rf� 500 49'4 S h 4 ; .r 97 4to' 4 IZO P ✓ . 1 r , ima E� ' ( YOL 80r DACE I N D "1 �•R;:,?, .d�r�v < r-+ �. 1 y F� i .� k�xi�t �{x,,. '.;Yr r t�tl�dseg7�"%�C�Jf r_ r '�.. ✓ � r i�_ .. t ,?.f7_ ° ?-.tom 4y� z� ;fir. �.L.:f- �' ✓ 1 t 29 95 x"-ro � 7O 3.G:OX i:4ti.,X 29.70 x'7rQ5, 24 X TC B C r _ V 3z.55 0 5z 9K.<Tb �. 7'7 '7 Z' _ tr � � l u�• - � K HOS-PETAL � V4L LACE �! 1 z ' o•25 + 29.95' X T06,C, - Ap- a r r f- LC•-tr I HEREBY CERTIFY THAT THIS E DESCRIPTION IS ACCURATE AND A EXISTING RING ROAD AND ENTR CE IVEWAYS LJ ARE WITHIN THE EASEMEN U S 1MITH'. THE EXCEPTIONS AS SH HE Y` JOHN N. MAGGIORE i j� ISTERED PUBLIC SURVEYOR N 9 tt1 - { h c I >� 8 f W a W RING ROAD-EASEMENT DESCRIPTION _ NORTH HILLS MALL v 1 NORTH RICHLAND HILLS MALL FEDERATED STORES REALTY 7 W 7th Strsst 23,St' CJancJaaftJ,;OiIJo 45202 ::COL1;tpCE•, 351�i I x"TOO C : - : Dcft Graham Associates,fC. �` �� oo Fk CONSULTING ENGINEERSA PLANNERS o TO BtG 30.0o Diarm 8y Fi`IG sh.et I OT I k` ye - _- - 7. 1 t r j,. f A EXHIMT E-2 BOUNDARY DESCRIPTION ! - RING-ROAD NORTH HILLS MALL Being a tract of land out of the M.M. WALLACE SURVEY, T NO. 1606. and -being out of the Calloway Farm Addition, 3rd Filin on to the City } of North Richland Nills, Texas filed in Volume 388 26, ge 9-89A, Tarrant -County Plat RecorQs"and being more particularly c follows. COMMENCING at a point, said point being the tersec n of the south line of toe g ay 26 A and the east line of the as E1 ric Service Company right-of-way as filed in Volume 947, Page 169, County Deed Records; THENCE North 47946'30" East, along said. 26-A right-of-way a.distance of a feet to a point of curvature; { THENCE along a curve to the right, sai u ving a central angle of t T41% a radius of 250.00 feetWnd o be&.iag North 540031500 East 54.77 feet, along the said,.curve an. 1 of 54.88 feet to a point of . y reverse curvature; . THENCE along a curve to the let, Uidce having a central angle of '127r41", a radius of 250. ord bearing North 54°03'50" East 54.77 feet, along said curve ngth of 54.88,feet to a point of:;tangency, -� =-.=THENCE North'47°46'30" Eas nt ng along said S.H -;26-A right-o#wayy=a -_--- -. :-"� 3istance of-33S.00 feet to HT OF BEGINNING; ` t THENCE N 47-46'30" E. 43. -f to a point for corner; t THENCE S 42°13130" E, t to the point..of a curvature of a curve to the i ee'i. having a delta '00", a_radius'of 20.00 feet, and achord bearing South 87°i3'3D": st 8 f et; THENCE along,sa id,cu, to the left,-an arc distance of 31.42 feet to a point of i y. tangency; THENCE N 47646130 40 feet to the point of curvature of a curve to the Test,having a delta of 21°40100", a.radius of 469.00.feet, and a chord.bearing ° North 36°56'30" East 176.30 feet; - t THENCE along said curve to.the left, an arc distance of 177.36 feet to a point ! o tangency; i L ".THENCE N 26006130" E. 315.01 feet to a point of,curvature of a curve to the r�g�iE; having a delta of 83033'59", a radius of,251.00.feet, and a chord bearing North 67653'29" East 334.48 feet; f • THENCE along said curve to the right, an arc distance of 366.07 feet to a point "o�ampound curvature of a curve to the right, having a delta of 05°18141", a radius of 651.00 feet, end a chord bearing South 67040'10" East 60,33.feet; ° 4 TVACE along said curve to the right, an arc distance of 60.35 feet to a point — =-- rev=rse curvature of a curve to the left. having a delta of 96651445", a radius of`20.00 feet,.anda chord bearing,North 66°33'18" East 29.93 feet; Page 1 of.5 Pages i 11-19-�y { 'THENCE along said curve to the left, an arc distance of 33.81 feet to a point of co-epaund curvature of a curve to the left, having a delta of 6 5'39", a radius E of 160.00, and a chord bearing North 12°00'25" west 160.63 feet, , 1. --THENCE along said curve-to-the left, an arc distance.of l ee a.point ogency; THENCE N 42°08'14" N, 50.00 feet to a point of curvatur rve to the left, ah vi9ng a delta of 53*051260, a radius of 50.00 feet, earing-Morth 68040157" blest 44.69 feet THENCE along said curve to the left, an arc di ce o .33 feet to a point, ' o�'r corner, said point being in the south line f said H. 26-A; THENCE North 47*461301 East a distance of:17.,17' an.angle point, �. THENCE N 47°51'45" E, 72.80 feet to a poi cur-=_ture of a non-tangent curve to"Tie left, having a radial bearing of S 79 " E, a. delta of 53*07'48", a radius of 50.00 feet and.a chord bearing 4'24" East 44.72 feet; THENCE along,said curve'to the left,�n a i nce of 46.36 feet to-a point of tangency; IN THENCE S 42008114N E, 50.00 feet to poi of curvature of a curve to the E.: rrTggFit, having a delta of 64°29'�", d of,210.00.feet.and a chord beaMn9 ( ' South,09*53'30" East 224.09 f , tTHENCE along said curve to t n arc distance of 236.37 feet to a point j - - o evene curvature of a cu left, having a delta of 79"35'40", a--- - f_ _i j radius of 20.00 feet, and.a ch ring South 17026135",East 25.60 feet;, 7 , THENCE along said curve to e 1 , an arc distance of 27.78 feet, to a point i orreverse curvature of a c the right, having a delta of'31°30'55•, a k l radius-of 651.00-_feet-a -.!rearing-South-41°28'58"-_East 353.58_feet,_ ;- t ' 'THENCE along said the right, an arc.distance'of.358.08 feet to a point, tang THENCE S 25°43' E. 2 feet to a point of curvature of a curve to the r g t, having a 5°00'00",.a radius of 456,56 feet, and a chord bearing ; r South 0311131300 East .44 feet; ' THENCE along said curve to the right, an arc distance of 358.58 feet to a point a oT tangency; THENCE S 190161300 W, 219.90 feet to a point of curvature of a curve to the { ' eltaving a delta of 90°00'001, a radius.of'20.00 feet and.a chord bearing South 25"43'30" East 28.28 feet; : r i THENCE along said curve to the left, an arc distance of 31.42 feet to a point of reverse curvature of a curve to the right, having a delta of 300261551, a radius 526JO feet,.and a.chord bearing South 55°30'02" East.276.52:feet; j m Page 2.'of 5 Pages - - ::.. ........ .S.HAi.ur..'.Z N+e:4- :+3 YbIX•al.:r- lk..,.v`K li4x:+:N'"� �:%� - 1 i THENCE along said curve to the right, an arc distance of 27 8 et to a point ,OT canpound curvature of a curve to the right, having a de °00'00", a 1 --radius of,942.77 feet, andd-a chord bearing-South 2091613 t-6 89 feet; i - „THENCE along said°curve=to the right, an-arc°distance feet-:to-a point y THENCE S 00*16136" E, 80.00 feet to a point for cor THENCE S 89-43-20" W, 30.00 feet to a point fUndd� THENCE N 00°16'35" W, 80.00 feet to a point o to the left, having a Hof 40*001001. a.radius of 912.77 feet a bearing Worth 20°16135" West 624.37 feet; 4 > •'THENCE along said curve to the left, an a ce of 637.23 to a point of compound curvature of a curve to the le delta of 30°26'55"„a radius. l of 496.50, and:a chord.bearing North5 ' est 260:76 feet; THENCE along said curve to the left, a stance of 263.86 feet to a point I `: 'co�npound curvature of a curve to , having a delta of 90"00'00", a. (. radius of 20.00.feet.and.a chord be ing. uth 64*16'30" West 28.28 feet; ` THENCE along said curve to th ® rc distance of 31.42 feet to a point of �: 1 4 tangency. j • THENCE S`19*161301 W, 468.05 to `point of curvature of a curve-to-the 7. rig t, having a delta of 70° ' a radius of 90.95 feet:and a chord bearing € South,54°29135" Test 104.9 THENCE alongsaid curve j ght, an arc.distance of 111.83 feet.to a point ' -_ j THENCE S 89°43'20 2 feet to a point for corner, 1 THENCE S 00°19.'45" E, 0 feet to'a;point.for corner; ' 7 - - THENCE S 89°437 46 feet to a_ point of curvature of a curve to the r�giF—t, having a delta f 38°27158",,a radius.af 300.00 feet, and a chord bearing $! < North 71°02'41"-West 197AS feet.. THENCE along said curve to the right,'an arc distance..of 201.41..feet.to a point j Ter. THENCE N 00619145" W, a distance of 16.86 feet to a point in a curve to the V79W said curve having a central angle of 49°18128", a.radius.of 287.00 feet r and a.chord_bearing N 25"03'39" W,..239.44 feet; - � ! THENCE along said curve to the right an arc distance of 246.99 feet to a point j agency; j, V�L 8051 itCE 3,56 j Page 3 of 5 Pages i i i THENCE N 000241250 W, 166.18 feet to a point of curvature curve to the r'�gT, having a delta of 48010155", a radius 9 of 287.00 d a chord bearing -_ -North-23°41'03"--fast-234.30 feet.' - -. .. ., t to-a-point = { THENCE along said curve to the right, an arc dis6an2 .35 fee _ "of-tangency; ' i THENCE N 47046130" E, 221.23 feet to a point ofo a curve to the right, having a delta 28037159", a radius of and a chord bearing North 62°05'29"_East 104.85 feet;. [ `a THENCE along said curve to the right, an aQdist),of 105.95 feet to.a_point agency; ' THENCE N 76024'29" E, 261.23 feet to int of curvature of a curve to the e?ft;having a delta of 28137*59", a ra f 188.00 feet,.And.a chord.bearing ¢ Korth 62005129",East 92.98 feet; THENCE along said curve to the 1 ,. istance,of 93.95 feet to a point oT r corner; f THENCE N 41'36'05" E. 74.39 feet a t for corner, THENCE N:42'13'30." W. 16 7.1 t oint for corner; s THENCE N-.47°,46.'30" E, 43. Rt�to,., :point for corner; - --THENCE S-42'13'30"-E, 219. a point for corner; THENCE N 470461300 E. 2 et to a point of curvature of a curve to the Teft,having a delta of 040, ", a radius-,.of-501.00. and a chord bear-ing North 36'56'30" East 188.33 r THENCE along said c e to left, an arc distance of:189.46 feet to a point 3 .,oTtangency; THENCE N 26° '30" E. 5.01 feet to-a paint of curvature of a curve to the { FT19—W havin elta 83133159",.a radius of 219.00 feet, and:a chord bearing F ,� north 67053'29 1.83 feet; { 'THENCE along said curve to the right, an arc distance of 319.40 feet to a point' = of compound curvature of a curve to the right, having a delta of 446361010, ae. radius of 619.00-feet,.;and a chord bearing South 48°01'31" fast 469.77 feet, THENCE along said curve to the right, an arc distance of �481.84 feet to a:point - ati:angency; 1 THENCE S 25043130" E, 282.04 feet to a point of curvature of a curve to the r- fflt having a delta of 45°00'00",:a radius of.424.56 feet, and a chord bearing South 03113130" East 324.94 feet; ¢ THENCE.along.said.curve to.the right, an arc distance of.333 454'eet, 4 VOL 8051 R4Cf _ ��t,4�olr s Paaes it l9 84 ..��teu....sn;Hfl�r-k,.cr�„u.-a"..+..`.�..a..w.a s!..4.<.u'..:t•i-..f..#.Hd..ru{:sly,4afr.d✓.f - r.��.5::.-, ae.:z �;:....� .s�..ii_s� w.;•f,.i��,� f THENCE S 19°16'30" W. 757.95 feet to a point of curvature o c a the ram;having a:delta of 70026'50", a radius-of 58 95 fee c. bearing South 54.29 55 West 68.00 feet; THENCE along said curve-to the right, an arc distance- t.to a point y �e`gency; THENCE S 890431200 W. 1375.16 feet to a point o urva of a curve to the ;I g-it;having a delta of 89°52115", a radius:o 43.00 t and a chord bearing North 45°20'32-West 343.27 feet; THENCE along said curve to the right,.an a 62 distance of 381.16 feet to a point o tangency;: THENCE N 000241260 W, 166,18 feet to a po c ature of a curve to the r�T having a delta 48°10'55", a ra 3,00 feet„and a chord bearing o . North 23°41'03" East 198.36 feats M - 9 '- THENCE along said curve to the right istance-of 204.35 feet to a point artangency; _. THENCE N 47046'30" E, 221.23 nt of curvature of a curve to the right. having a delta of 28° ius.of 168.00 feet, and a chord bearing (` _ -�lorth 52°030'_,East_83.09 - THENCE along said curve an ce of 83.96 feet-to a.point oftangency; t= _ THENCE North 76°24'29" Eas a di nce of 261.23 feet to a point of curvature to tTie"�eft,_said curve ha traI angle of 286371590, a radius of 232.00 feet and a chord bear..i 52°0sua--,mast-:114,74 feet; THENCE along said a the left an arc distance of 115,94 feet to a point of '. ! tangency, - .; a f. �s THENCE North '30' st a distance of 116.96 feet to a;point for corner;- THENCE North 42°13'30 West a distance of 219.10 feet to the POINT OF 8E6INNIN6 1 ...aann `1r8NT_ AI NIN6.299,318.84 square feet or 5.87i4 acres Of land i von :.8051 LACE :�60 �xti;b;f -a _ .....�.vnyi..,.,...�-:.��...._+:<vu�m.�....L- _-_¢,-�v2.OR"ai•.ia: jN2'1�-ThuS:�i4H/,NfMN!.4ef+�'!C?r�ee.�crr.:..L_.,-_�� - .. »�.m—.: b. 1 a MUMIT F r BOtMDARY DESCRIPTION i . RUTN STREET (A Private Drive)' i _ - IL 0.9375 Acre :__... s -= _ Being a tract of land out of the M.M. WALLACE SURVEY, 1606, and being 'out of the Calloway Farm Addition, 3rd Filing, a AM on to the City "of North Richland Hills, Texas filed in Volume , 9-89A, Tarrant County Plat:Recards and being more particularly ribed follows: BEGINNING at a point, said point being the inters he north line of Glenview ve foot R.O.M.) with the east fine of Ruth S a 50 foot private R.O.M.) {said point also being the southwest corner o aint.Jobn the Apostle Catholic Church tract, THENCE along said north line of Glenview Oriv °43'20' M, a distance of 50.00 f i tfeeo a point for corner, said point being action of the west line`of { Ruth Street (a-private drive) with the "art Glenview Drive: THENCE along the west line of said RuA 0191,450 M, a distance of.816 74 rto a point for corner, 4 THENCE.N 89.4312V-E,.a distance a f to a.point for corner; k THENCE along the east line of sa reet, S 00°19'45•,E,816 74-feet to the MWOF BEGINNING; and CONTAINING 40,836.98 square fee .9 5 acres of`land. - - 'Ruth 5;rset is'-Tot a dedica right-of-way, butt Is:-,a private drive. soft • Y - a r — - - - EXHIBIT G-1 I ± _ RESIDUAL PARCEL NO.- 9.5223. ACRES ' Bung a tract_ of land outof the W.M. WALLACE SUR T NO. 1606, and being out of the Calloway Farm Addition, 3rd Fili a d tion to the City of North Richland Htlls, Texas filed in Vol age 89-89A, Tarrant County Plat Records and being more particular sc as follows: BEGINNING at a point, said point being the ersect n point of the southeast corner of the Calloway Farm Additi n e east right-of-way line of Cagle St. (50' R.O.W.); I. THENCE S 89"43'20" W, a distance of 10. t to a point for.corner; THENCE N 00°16'35"-W, a distance of 80 o a point of curvature; THENCE along a curve to the left.,6 aving a central angle of j 40°00'00", a radius of 942.77 feet, rc_lenysh of 658.18 feet to-,a:point of co�npaund.curvature; THENCE along a curve to the Af rve having a central angle of 30*26'55% a radius of 526. a an.arc length of 279.80;feet to a, :Yf „point of reverse'curvatur. 777-THENCE 'along.. curve to-th t, aid curve-having a central-angle of — - 90°00'00", aradius of 20 and an.arc length,of,31.42 feet-to a point of j tangency;. . THENCE>N 19016130" E, a of 219.90:;feet to a.point of curvature i THENCE along a cure th eft, said curve having a central angle of ! 45°00100", a ra o :56 4eet, and an,arc length of:358 58.feet to a E I Poi nt'of tangency, .. ` THENCE N,25° " W. distance of 282.04 feet to.a.point of curvature; THENCE along a 'curve.to the left, said curve having a central angle of f 31°30'55", '3 radius of 651.00 feet, and an arc'.length of'358.OB.feet to a point of- reverse,:curvature; THENCE along a curve'to the right, said curve having a central angle of 790351404,'a radius of 20.00 feet,.and_an arc length of 27.78 feet to a,point of._reverse.curvature;.' R ::THENCE along a curve to the left, said curve having a central angle of 64°29'29", a radius-of 210.00,feet,.and an,arc length;of 236.37.feet to a. point of tangency; THENCE N 42908.115" W, a.distance of 50.00 feet to a point-of curvature; - .THENCE along a curve to the right, said curve having a central angle of 53°07'48", a radius of:,50.00 feet and an arc distance of 46,96 feet to a ' . } Poi ntfor-cornor; -- - - VOL 8051 iaCf 36w ' i - i THENCE 4T51145" E,-aAistance of 235.00 feet-to--a=poin ner, -� - THENCE S 42°08115" E, a distance af.'16D.D0 feet to:a p nt o cur ature; THENCE along a curve. to the right, said curve havin angle of f. 45°00'00", a radius of 429.00 feet, and an.arc len a : 36. feet to a point of tangency; ` THENCE S 02*51'45" N, a distance of;218.31 f t to oint of curvature;- . r � j l 'THENCE along a curve to the left, said curve n central angle of 40°52'00", a radius.of 571.00 feet, and an.arc of 407 27 feet to a >-point-of tangency; THENCE S 38°00'15" E. a distance of 590, o a point for corner, { THENCE S 00°16135" E, a distance o,49341 f to-the POINT OF.SEGIRNING; and containing.9,5223 acres of land. vp 1 +-tom z-� ,U-t'—� -• 5 racf 36 t c�h b,+ G f 5 I ! r i f EXHIEdT G-2 (( RESIDUAL PARCEL NO. 2 9.3422 Acres Being a tract of land out of the W.W. WALLACE SURVEY, A TR NO. 1606, and being out of -the Calloway Farm`Addition, 3rd Filing, a di n to the City - ` of North Richland Wills, Texas filed in Voluma -89A, .Tarrant County Plat Records-and being more particularlfo ws: COMdENCING at the intersection point of the soof the Calloway. Farm Addition and the east right-of-way,line o (50'-R.O.W.); THENCE South 89°43'20" West, a distance..of 40. .POINT OF BEGINNING; THENCE South 89°43'20" West, a distance o 10. oint for:corner, said I: j point being in the west line of Cagle St - 3 THENCE North 00°16'35" West,a.distance t to.a point for corner; Iff low THENCE South 89043'20" West, a dista4Fe 5 6 feet to a point for corner, said 1 point being in the east line of Fra T i 50' R.D.W.) dedicated by:deed as ' recorded in Volume 4423,Page,602 of Records of,Tarrant County, Texas, t THENCE North 00°1914F West, a�st o 301.62 feet to a'point for corner; ' THENCE North 89043120"East, of 10.53 feet to a point of curvature to the. 'left, said curve having a c 1 of 70°26'501., a radius of 90.95 feet.and a chord-bearing=North 54°29-5 t,= Jl=feet,- THENCE along said curve to an arc,.distance;of 111.83 feet to a point of k' tangency; 1: TFfENCE';North 19'16`30 stance of 468.05 feet to a point of curvature to the �'. right, said curve havi a ral angle of 90000'00", a radius of 20.00 feet.and a 6 € chord-,bearing.Nort 6., 130° ast, 28.28 feet; ' i� THENCE along said cur the right an arc distance of 31.42 feet to a point of { curvature to fight. id curve having a central angle of 30°26'55", a radius of .496.5O,feet and rd aring South 55°30'02" East,.26a.76:feet; THENCE along said curve to the right an arc distance of 263.86 feet to a point of a ':compound curve to the right. said curve having a central `angle of 40°00'00% a radius of 912.77 feet and_-a chord bearing South 20°16'35" East„624.37.feet; � y r THENCE along the curve;to the.right an arc distance of 637 23.feet to a point: i of;tan enc - r ,THENCE South 000161354 East, a distance of 80.00 feet to the POINT.OF BEGINNING, and containing•406,944.32.square feet,or'9.3422 acres of land. 1 � - Vol-, 8051 taCf 36� N _- MIBIT G-3 ` RESIDUAL PARCEL NO. 3 . - 2.2881 Acres Being a tract of land out of the W.M. WALLACE SURVEY 0. 1606, and 3 being out of the Calloway Farm Addition, 3rd Filing an ition to the City of North Richland Rills, Texas filed in Volume -1 a 89-89A,_Tarranty County Plat Record!Cand being more particularly rib s follows: COMMENCING at a point; said point being the a ewe no ast corner of the Calloway Farm Addition and also being in the south righ -wa ine of State Highway 26-A; THENCE S 47951145" W. along the south rig -of�ay'of'State_Highway 26-A, a:distance of'307.80 feet to an,.angle point; THENCE S 47946'30"'li, a distance of.372. the POINT OF BEGINNING- THENCE S 42013130" E,'a distance of�.' o point .for corner; .THENCE along a curve to the left, s u having a central angle of 170281270' a ': radiLs of,251.00 feet,,and an a® 1 th 76.55'feet to a.poiet of.tangency; . THENCE.S-26906'.300:Y1, a dista feet-to a point of curvature; THENCE along a curve to the t, d curve having a central angle of 21°40'00","a: r` 'radius o#i 469.00 feet, and an �e th of 17Z:35`feet to a_point afangency, -3 - --- y THENCE.$ 41"46'30" M, a di n f;146.40 feet to a point:of curvature, < THENCE along a curve to , said curve having a central angle of 90°00'00", a: ' radius`'of-20.00 feet.an length,of`31.42 feet.to a point of tangency; .. THENCE N 42013130" a nce of 167.10 feet to a point for corner, said.point ' being n...the-south,r. -o ,.. y line of.State_High►vay 26-A; a THENCE.N 47*46 , a, stance of.36.00-feet to.a"point for:corner; THENCE N 42913'30" M, a.distance of 12.00 feet to a.point for corner; NL THENCE N 47046130"`E, a distance of 670,62 feet to the POINT OF BEGINNING; and =ontaining 99,674.36 square feet or 2.2881 acres of Ian ADOV 9 EXHIBIT G-4 ERESIDUAL PARCEL NO. 4 9 6.436- Acres j Being a tract of Tand out of the W.W. WALLACE SURVEY AB CT 1606, and -being out of the Calloway Farm Addition, 3rd Filing, Ad tion to the City -;, j of North Richland Hills, Texas filed in Volume 388- 89-89A,,Tarrant 1 County Plat Records-and being more particularly,de a flows: COMMENCING at a point; said point being the i of the north right-of-way. line of Glenview Drive (50 foot R.O.W.) wit a ea right-of-way line of Ruth Street (a 50 foot private drive), said poin being southwest corner of Saint.John r the Apostle,-Catholic Church tract. f THENCE North 00019145" West, a distance of 399.22 feet to.the POINT OF BEGINNING "# THENCE North 00019'45" West, a distance. o , 52;feet to:a: for.corner; i ;i THENCE North 89"43'20" East, a distanc o .5.2 feet to a point for:corner, i THENCE South W19',45" East,,a di® 0 7.52 feet to a point for.corner; ; ,g THENCE South 89043'20" blest, a di anc 671,52 feet to the POINT OF BEGINNING; and f ±' containing 280,373_03 square , 6 65 acres of land,. _1 j y,. I j ! Page I of 1 Page Il 1 -84 99 9 '.7 r' — , - —Op To , j EXHIBIT G-5 RESIDUAL PARCEL NO. 5__. 4.8652 Acres Being a tract of land out of the W.W. WALLACE SUR Y. A RAC NO. 1606, and being cut of the Calloway Farm Addition. 3rd in ddition to the City > of North Richland H111s, Texas filed in Vol 8- Page 89-89A, Tarrant i County Plat RecardS and being more particuia descr as follows. 1 COlMENCING at a point,said point bein the in on of the north right-of-way .line of Glenview Drive (50 foot R.O.W. ith the west right-of-way line of Ruth— Street (a 50 foot private drive), said p being the..southeast:comer.of the' ' Richland: Hills Methodist Church tract; THENCE.N 00019/450 ii, a distance of 39 to the POINT OF BEGINNING;. THENCE S 89°43•'20" W, a distance o t to:a point for corner; THENCE N 00*24125" W, along thee Ii of the'TESCO R.O.W., as recorded in Volune 1947, Pa Records q�Ta nt- unty, a distance of:482.63 feet;' l . # THENCE;N 89°43'20":f,.a di o .86-feet to a point-for.corner.; i > -�- g` d•curve-having a-central angle-of'38°27'58",A — j --THENCE-THENCE a=curve to-th t, radius of:300.00 feet, and ength of,201.41 feet to a point of tangency, -THENCEA 89043,'20" E, a.- tan of'175.94 feet to a.'point far corner, E �= --THENCE S 00019145" E, ce of 417,52 feet to the POINT OF BEGINNING;:and i ti < canta3niog 211,926.7 qu feet or 4 8652 acres of la r ;i 1 - , A ® y r �. acoit ,r rnoo _ ti Aw C < 1 _ A - { �f74C47UoyW JPON s — — — - — _ -- i �W!E aµj.fq uouay Petl as - dr kallBwnt�gq 5jgl :y'� grpgK� �`hltdff03' � { L r= v kLi L y,wry n: rry �! j4-13-L43bBK TAR j STATE OF.TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF HARRIS ) 69.00 N D �, �Uu4 $14465 b 02/14/85 f ; at; EASEMENT y THIS AGREEMENT is made as of this 10dday of eY , 1984 by and between JMB INCOME PROPERTIES, LTD.-X ("J Illinois limited partnership having its principal office at 875 Nor an enue, Chicago, Illinois 60611, and FEDERATED DEPARTMENT STORES NC. ("FDS") a Delaware corporation having its principal office at 7 We#1F#%e1NWtreet, Cincinnati, + Ohio 45202, and BERRY STREET REALTY COMPANY ("8 ") allexas corporation having its principal office at , 5/-G Fort Worth, Texas` l� (: W I T N E S T WHEREAS,, JMB is the owner of a arcel o and located in North Richland Hills, Tarrant County, Texas as mo rticularly described on Exhibit A attached hereto and made a part here parcel is hereinafter called the $ "Shopping Center Site"); and WHEREAS, FOS is the owner df of land located in North Richland r Hills, Tarrant County, Texas m particularly described on Exhibit B y attached hereto and made a ort reo (which parcel is hereinafter called the "Sanger Harris Site"); an WHEREAS, BSR is th o o parcel of land located in North Richland Hills, Tarrant County, more particularly described on Exhibit C attached hereto and mad hereof (which parcel is hereinafter called the "Cox Site"); and WHEREAS. JMB i r of a parcel of land located in North Richland Hills, Tarrant C ty, xas as more particularly described on Exhibit D attached here d a part hereof (which parcel is hereinafter called the "JMB Expansion Parc ); and WHERE A of date of this agreement, the Shopping Center Site, Sanger Harris Site and ite comprise a parcel of property that is a shopping center and which is commonly referred to as North Hills Mall; and WHEREAS, attached hereto and made a part hereof is an Exhibit E-1 which depicts a boundary survey of the ring road and access roads which surround and serve the Shopping Center Site, Sanger Harris Site, Cox Site and JMB Expansion Parcel. Portions of the ring road and access roads ( the "Ring Road") are located on the Shopping Center Site, Sanger Harris Site, Cox Site and JMB Expansion Parcel. The Ring Road is also described by a legal , description attached hereto as Exhibit E-2. This instrument is being re-recorded for the express purpose of correcting: Volume 947 to Volume 1947 on page 1, paragraph 2; adding "East" in paragraph _ page-1; and correcting "ooxner"to "curvature" in paragraph 6, page 2, all on - ' - -. EXHIBIT D. And further to correct Volume 947 to Volume 1947 paragraph 2, page 1; and correcting"335.00 feet" to "378.00 feet" in paragraph 6, page 1, all on EXHIBIT E-2. 1 , 11/16/84 VOL 8002 PAPE 928 WHEREAS, JMB,is also the owner of a tract of land which intersects with the ring road and which is commonly referred to as Ruth Street ("Ruth Street") and which is more� a particularly described on Exhibit F attached hereto and made a part hereof; and - >r: WHEREAS, Federated is the owner of five (5) parcels of land that are - - - - -contiguous to the Sanger Harris Site, Cox Site, Shopping Center Site and/or the JMB Expansion Parcel, These five (5) parcels of land are hereinafter referred p to as the "Federated Peripheral Parcels" and are more par4kcularly described in Exhibit G-1 through G-5 attached hereto and made a part re ) "r � - NOW, THEREFORE, in consideration of the mutual ena hereinafter set - forth, and for other good and valuable consideratio re 'pt ereof is hereby acknowledged by each party, the parties do hereby c and agree with each E other as follows: ' Section 1. Grant of Easement. JMB, FDS d reinafter referred to as "the Parties") hereby grant, assign and onvey to FDS, its successors and assigns, for the benefit of the Federated cipher Parcels and the owners and lawful occupants from time to time of an thereof and their tenants, licensees, customers, agents and empftwees, a perpetual, irrevocable easement and right of way for pedestrian and r traffic over and upon the Ring Road and Ruth Street for access, ing s egress to and from and between the Federated Peripheral Parcels, 41h nter Site, Sanger Harris Site, Cox Site, JMB Expansion Parcel, and ets, highways and alleys adjacent to and abutting any of the same. These grants of perp a easement shall be non-exclusive and shall z . not be for parking porp rj The Parties may at t nd from time to time relocate any portion of - - the Ring Road on their s ve Sites provided the following conditions are fully complied with: K - - - -_ (i) The oad shall after relocation provide continuous i ed circulation around the perimeter_ of the Shopping r Site, Sanger Harris Site, Cox Site and JMB Expansion Ce ' I ess to and egress from the Federated Peripheral Parcels d the ability to make curb cuts as provided herein at Section 3 shall not be impaired. : (iii) All costs and expenses of such relocation (including r rebuilding and repairing any additional twelve foot (12') lane } that may have been added per Section 2) shall be borne by the party desiring the relocation; and f (iv) An amendment to this Agreement which sets forth the new legal description of the easement shall be recorded in the Deed # Records of Tarrant County, Texas, Section 2. Expanded Ring Road, JMB herein grants FDS the right to AI construct, at FDS's option and expense, an additional lane of up to twelve feet (12') in width along the western portion of the Ring Road over the JMB Expansion Parcel as indicated on Exhibit E-1. This additional lane, if constructed, shall i be part of the Ring Road and FDS shall not have any exclusive rights to its use, + 12/19/84 VOL 2 FAGS a. In consideration for FDS adding such additional lane and having an easement thereto, FDS agrees to contribute to JMB on an annual basis, commencing upon completion of such additional lane by FDS, an amount of money representing FOS's pro rats share of cost to maintain such expanded lane. Maintenance costs shall include, but not be limited to, repair and insurance. FOS's pro rata share j shall be determined by multiplying the total cost of maintaining the entire Ring Road on the Shopping Center Site, Sanger Harris Site, Cox Si and JMB Expansion Parcel, as expanded, by a fraction, the numerator of s the acreage covered by the expanded lane built by FDS and the deno or o hich is the total acreage covered by the entire Ring Road, as expo d. Section 3. Curb Cuts. The Parties hereby grant d the owners from i ` time to time of all or any portion of the Feder d ip rat Parcels, the f' i right to make curb cuts to the Ring Road as onably necessary for 1 development of the Federated Peripheral Parc , the cation of which curb cuts shall be subject to the reasonable approva f JM and if JMB and FDS are unable to. agree upon the location of curb cuts, same shall be determined by an independent traffic engineer). JM ees not to install any barricade unreasonably obstructing the view or pi i construction of the curb cuts between its property and the Federated r 1 Parcels, but nothing shall be a construed as prohibiting JMB from M in berm and the landscaping thereof. In the event FDS elects to add th d nal lane as set forth in the prior. it r section hereunder, or to make curb is set forth in this Section, FDS shall, J • i.. � to the extent practicable an the area where the berm is removed far the curb cut, rebuild t a may be built by JMB and restore the landscaping thereof. Section 4. Headings. headings herein are for convenience and i k reference only, and in way efine or limit the scope and content of this . Agreement or in any way s provisions. Y Section S. Gov e in w. This Agreement shall be governed by, and e construed and in r with, the laws of the State of Texas. I Section 6. Modi ions. This Agreement cannot be changed, modified, - waived or disc d or ly, but only by an agreement in writing, signed by the party against whom rcement of the change, modification, waiver or discharge $ [ is sought. -{ Section 7. Injunctive Relief. In the event of any violation or threatened ;. j violation by any party of any of the terms, restrictions, covenants and s conditions of this Agreement, the party hereto which is benefited by such violated or threatened term, restriction, covenant or conditions shall have the Y right to enjoin such violation or threatened violation in a court of competent j jurisdiction. Section 8. Severability. If any term, provision or condition contained in this Agreement shall to any extent be invalid or unenforceable, the.remainder of C , this Agreement (or the application of such term, provision or condition to parties or circumstances other than those in respect of which it is invalid or 1 3 11/16/84 VOL Ar192 PACE 940 1 • i unenforceable) shall not be affected thereby, and each term, provision and condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Section 9. Successors. Except as otherwise expressly provided in this Agreement, this. Agreement shall run with the land, both as respects benefits and ti burdens created herein, and shall be binding upon an inure to the benefit of the parties hereto and their respective successors and assigns. Section 10. Notices. Any notice which a party is require r may desire to give the other under this Agreement shall be in writ! a personally delivered or given by the United States registered or d 1, returned receipt requested; addressed as follows: To FOS: Federated Department Stores, Inc , 7 West Seventh Street j Cincinnati, Ohio 45202 1 - Attention: Real Estate De rtment F Copy to: E ' Sanger Harris Corporate Office f 303 North Akard 4Jtr ) <1 Dallas, Texas 752 Ar Attention: Off e o Chairman . To JMB: JMB Inco ies Ltd.-X 875 Nor in Avenue Suite 39 Chico , nois 60611 .-. Atten Robert J..Chapman C o: h Nichols & Meeks J. 7 W t Seventh Street nnati, Ohio 45202 Attention: David L. Huprich, Esq. Subject to the right of a party to designate a different address for itself (by notice similarly given. �y i.; r. 1 ' Ii1 i 4 VOL 8a92 PAC( M 11/16/84 ,.,.• ...'.:.,..,.,�i - � i. _cew{w,w-:�kiLt�•��i�ie`n+�P«v`!�iit•:wxa:aa�oS� ?, b�i,w �-,�•: ;f • - j 'IN WITNESS WHEREOF, the parties hereby have fully executed this agreement as of the day and year first above mentioned. JMB INCOME PROPERTIES, LTD-X k + a limited partnership i By: JMB PROPERTIES-X, INC., an Illinois corporation, General Partner omas H. Br wn th Signatory . FEDERATp EPARTMENT TO By• Title: n eKy t Attest-, Title: Scat/ tag E BERRY STREET RFII COMPANY a Texas torpor o P By: Title: At .. Aj t `} 7 f r A 5 VOL W92 PACE 9n 1 . 11/16/64 a STATE;.OF OH.IO ) SS COUNTY OF HAMILTON ) BEFORE ME, Darlene M. O'Neal, on this day personally appeared Thomas H. Brown, known to me to be the person whose name is bscribed to the foregoing -instrument, and known to me to be an Author' story of JMB Properties-X, Inc., an Illinois corporation, and ackn d t me that he executed said instrument for the purposes and conside oniberein expressed, in the capacity therein stated, and as the act of tion, and as of the act of JMB Income Properties, Ltd.-X, an Illin li d partnership, said o corporation being the general partner in JMB e P ies, Ltd.-X. r . Given under my hand and seal of is his day of Ri A L 44 * Notary Public g� Notary ic, of OWO s� °o,., My o, 30.1W . j STATE`"OF+IIkit� ) SS I COUNTY OF HAMILTON ) i Before me, the u authority on this day personally appeared James B. Selonick and J Ule.r c �i known to me to be 1 the persons whos %a ubscribed to the foregoing instrument, and known to i me to be Se for Vi d President and Se Gvz�-C, of Federated Depa t res, Inc., a Delaware corporation, and acknowledged to me that they execute said instrument for the purposes and consideration therein expressed, in the capacity therein stated, and as the act of such corporation. Given under my hand and seal of office this day of + tip✓ , 1984. F -,Nutary Public Rt b"so �or oaro i C Y 12/12/84 VEIL SW2 MBE 9g3 STATE OF TEX A-5 ) SS COUNTY OF'Afa PjW-f) R Before me, the undersigned authority on this day personally appeared ' �nY fTT and C F known to me to be the persons whose name is subscribe a foregoing instrument, and known to me to : f of Berry'Street Realty Company, exas orp ration, and _ acknowledged to me that they executed said instrume a purposes and consideration therein expressed, in the capacity they n s to and as the act' of such corporation. Given under my hand and seal of o ice s � day of 1984. a� 72;:zj-S ,Notary Public f TAMMVE WEAVER - r - ITj � AV -qft xi IJ d iJ 7 .- - - VOL PAM PACE 94gt j` 11/16/84 uirE:�33,. 1.:. i:•ts >0M1317 A Being a tract of land out of the W.M. WALLACE SURVEY, ABSTRACT NO. 1606, and being out of-the Calloway Farm Addition, 3rd Filing, an Addition to the City Of North Richland Hills, Texas filed in Volume 388-126, Page 89-89A, Tarrant County Plat RecbrdS and being more particularly described as follows: SMPPrNQ cnnrz t SITE BUX2 21 LOT 1 CCWUXCMG at a point in the southeasterly righ ! 1 ne of state Eigbway 121-A, said point being north 4 ' Let, - 979.0 test along said line from the intersects line with the easterly line of the Texas Electric y right-ol-vay an reeoeded in Volume 1947, P e the Dead -Seconds of Tarrant County$ thence South 4 � t• 12.0 lNt; south 4T46'30• tint, 79.0 feet for a o! It$t1I>I T MCE South W 13'30' East, a distance o test to a corners f Worth 47*461300 East, a distan of 209.40 feet to the beginning of a curve to the leftt TSENCE in a Southwesterly direction o id curve to the left having a radius of SOLO feet, a n gla of 14'4S'42". and an'arc length of 129.08 feet to thi4 said curve to the left; TM= South 7e 43130• East, a di an of 256.8 feet to a corner; � • i TBIN P South r00409" East, of 151.29 lest to a-corner; =a= South V 43,300 East ance of 494.93 feet to a corner; TMCE North IrIG1304 last, ce of 29.74 feet to the. � beginning of a curve to th = Tsv IN in a Southeasterly ion along said curve to the left baviing a radius of 100 . a eentral.angla of 4S`S4'23•, and an } k. are length of 60.12 fe• to and of said curve to the left and the beginning of a CWTO&W rights T WWI "M in a Borth aster irection-along said curve to the right having a radius o .0 t, a central angle of 340261420,.and an art length-at 44.49 fee • and of said curve to the right= { ' South W43'30• East, a distance of.2dl.d2 feet to the beginning of a curve to the rights TZM= in a Southwesterly direction along said curve to the right having a radius of 434.56 fast, a central angle of 1041''36•, a chord �of length 215.22 feet and bowing South 11 534320 Waste and an arc �. length of U7.13 feet to the and of carve to the right) Tt11r10E South If 164309 best, a distance of 223.90 feet to the beginniai -of a curve to the left$ TSEWM is a Southwesterly direction along said curve to the left baying a radius of 20.0 feet, a central angle of %F448008, and an r _arc,length of 31.42 feet to the and of said cnzve .m the`1•ft and. the beginning of a easy to the rights i t:dhibit A up 1 of 2 �Q[7Y1 INYI V•.7/y • VOL '� PAGE :�3.5 WM IT A. TKZ= in a southeasterly direction along said curve to the right having a radius of 526.50 feet, a central angle of 30@26195•, and an are length of 279.80 feet to the and of said curve to the right and the beginning of a curve to the right$ TRUCE in a Southeasterly direction along said a to the right having a radius of 942.77 feet, a central angl 0°00'004, and an arc length of 658.18 feet to the and of sal to the right; SCE South00°16'350 East, a distance of 8 f t a corner, T80:NCE South.89'431208 Nest, a distance t to a corner$. SaIIiCL NorthOelfi'35' Nest, a distant f feet to the,beginning of.a curve to the left! TSEpCB in a Northwesterly direction onq id curve to the left r having a radius of 912.77 feet, a can gle of 40`00'00•,'and an are length of 637.23 feet to Oe and of said curve to the left f and the beginning of a curve to left: TRUCE in a Northwesterly direr g said curve to the left having a radius of 496.50 feet, a ral angle of 3e 261350, and an . arc length,of 263.86 feet e f said curve to the left and the beginning of a curve to th $ • i TRUCE in a Northwester) d cot n along said curve'to the left having a radius of 20,0 t ntral angle of 900000000, and, an. r are length of 31.42.-f a and of said curve.to the left; ." TRUCE North 70P 43'30 distance of 32.0 feet to a corner; - TRUCE North 19°16'3 a distance of 143.75 feet to a corner; i • f North 70-43-3 N t, a distance of 295.74 feet to a Cotner; TRUCE South 19• 3 est, a distance of 241.40 feet to a Corner; T TRUCE North Nests a distance-af 4.11 feet to a corner$ � s TSEACE Not 0043 04 Nest, a distance of 218.02 feet to a Cotner; TRUCE south 64 304 West, a distance of 85.78 feet to a Cotner; y f TRUCE south 19.16,301*'West, a distance of 283.69 feet to a corner; TRUCE South 60161304 West, a distance of 237.39 feet to a corner; TRUCE North 25°431300 West, a distance of 639.71•feet to the beginning of a curve to the right$ TRUCE in a Northwesterly direction along said curve to the right r having a radius of 182.54 feet, a central angle of 73'301000, and j an ace length of 234.16, feet to .the end of said curve to the right and the beginning of a curve to the left$ _TRUCE in a Northeasterly direction along said curve-to the left j y having a radius of 20.0 feet, a central angle of 90•00'00•, and an -- are length of 31.42 feet to the end of said curve to the left; 7 TEENCE North 4r)J'300 West, a distance of 167.10 feet to a corner; TmcE NoBth 47e46'30' East, a distance of 43.0 feet to'the PLACE of swnmxn and containing 13.8330 acres. am WE 946 i sshibit A - Pap 2 of 2 Exhibit B Being a tract of land out of the M.M. WALLACE SURVEY, ABSTRACT NO. 1606, and being out of'the Calloway Farm Addition. 3rd Filing, an Addition to the City of North Richlaad Htils, Texas filed in Volume 388-126, Page 89-89A. Tarrant County Plat RecbrdS and being more particularly described as follows: k 811 1dt EAAitIS SITE In= 71, tm 1 CMUMCING at a point for a corner in the South right-of-way line of State Highway 121-A, said point beingk4f'300 Last, 1649.62 feet along said line from the intersid line with the Easterly lint of the Texas Electric ry Company right- of-way as recorded in Volume 1947,'Page 169 Deed•lecords of Tarrant County; ZMD= North 47'46'30• Last, a distant 0 feet to a corner; mar THENCE Korth 470311430 But, a distan of 80 feet to the beginning of a curve to the-left; THENCZ in a Southeasterly direetio along said curve to the left having a radius of 30.0 feet, a c 1 angle of Sr 072484, a chord of length 44.72 feet and beating so 34'2116 last, and an are length of 46.36 feet to the end o rve to the left; - THENCE South 4r 08819' last, of $0.0 feet_ to the beginning of a curve to the right; THBMCE is a Southeasterly dis tic along'said curve to the right having a radius of 210.0 fral angle of W 29'29•, and an arc length of 234.37 fee and of said curve to the right and the beginning of a eusv a eft; THENCE in a southeaster) ion along said curve to the left having a radius of 20.0 , central angle of 79'3S'40•, and an 1 '. . arc length of 27.79 ! e and of said curve to the left and the beginning of a to a right; THENCE in a Southeas irection along said curve to the right having a radios t A set, a central angle of W 30'3S•, and an are length of 35 to the and of said curve to the right; -TBn IN South 43130 East, a distance. of 282.04 feet to the - beginning of a the right; _ F TmM= in It Southeasterly direction along said curve to the right having a radius of 456.56 feet, a central angle of 30*18104•, and -an are length of 241.45 feet to the and of said curve to the right; TRENCM North 700431300 Nest, a distance of 281.82- feet to the bat i nming of a.curve to the •left; E Unite Is a southeasterly direction along said curve to the left _ having a radius of 74.0 feet, a central angle of W260420, a chord ' of length 43.82 feet and hearing South 9*24*320 Mast, and an ace' left th of 44.49 feet to the end of said curve to the left and the beginning of a cure to the right; ! _ _ ... .1iCM M in a Southeaster)T direction alon g said curve W the right having a radios of 100.0 feet, a central angle of 43'34123', and an. are length of 80.12 feet to the end of said curve to the right; ld dbIt B - T p 1 of 2 VOL 8092 PACE 947 FF�II3rr B "ME= South W 16'30' west, a distance of 29.74 feet to a corned Ism= North 700431300 Kest, a distance of 494.93 t to a corner; T=Cz North 3.00109" west, a.distance of 151. as a corner; =Cmcz !forth 7W 431301 west, a distance of 0 set to the beginning of a carve to the right; wm= in a Southwesterly direction along id to the right _. having a radius of 301.0 feet, a can ! 14•45.420, a chord . of length 128.72 tact and bearing 40' •39` west, and an-arc length of 129.08 feet to the sad of d s to the right; 4 T�iCz South 4T46:30' Nast,'a distance 09.40 feet to a corner; TSENCz North W 13.300 hest, a dis of 219.10 feet to a corners y TMEKM North 470469300 East, a d of 43.0 feet to a corner; p TffiGiCE South 42013.300 East, a of 167.10 feet to the beginning of a asrw to the 1 T�NCE is a Southeasterly •ti along said curve to the left i . having a radius of 20.0 ntral angle of 90.000000, and an arc length of 31.42 feet to f said curve to the leftr TSENCE North 47.461300 , istance of .146.40 feet to the beginning of a curve to ft; -- TZM= in a Northeast ly action, along said curve to the left Staving a radius of 46 t, a central angle of 2144010018, and an . uc length of 177.3 to the cad of said curee to the lefts T8� North 2 Last, a distance o! 315.01 lest to the beginning of a the rights "s TOM= in a the erly direction along said curve to the right Staving a cad i 1.0 fact, a central angle of 1T28'2T, and as arc length'o! 76. feet to the end of said curve to the right; _A North W 13.30• Nast, a distance of 32.59 feet to the PUCE OF MGZrID= and containing 14.1092 acres. s:t Wdbit B - Pap 2 of 2 V�L 8092 WE 348 CUEIT C - Being a tract of land out of the M.M. WALLACE SURVEY, ABSTRACT NO. 1606, and being out of-the Calloway Farm Addition, 3rd Filing, an Addition to the City of North Richland Ntlls. Texas filed in Volume 388-126. Page 89-89A. Tarrant County Plat Recbrds and being more particularly described as follows: COX SITE, BU= C, LOT 1 CMKENCIM at a point in the Southeasterly r ay of state Eighway 121-11, said point North 47•44130• t,. feet from the iatersection.of said line with the East y e of the. Tax" Electric service Company fight-Of-way is volns�e 1947, Page 169 Of the Deed . BecOCds Of Tar t ty; South 4201313011 East, 12.0 feet= South 4T 46'30• Kest, 22.0 t; South 42.13'30• East, 167.10 feets in a southeasterly n alonq a curve having a radius of 20.0 feet, a central angle O 00'00•, and an arc 4 length of 31.42 feet to the and Of • curve; in a Southwesterly . direction along a curve having a ra of 182.54 feet, a central angle of 730301000, and an are long 34.16 feet; South 25043'30• E East, 639.71 feet to the PLAM 0P G; r MMHCE North 540161306 East, a® t of 237.39 feet to a corner; THENCE North 1SP 16'30• East, a s e of 283.69 feet to a corners TBENCE North 64'161300 Ems ce of 85.78 feet .to a corners THENCE South 70°431300 tance of 218.02 feet to a corner; { TRENCE South 25°4313010 istance of 4.11 feet to a corners 719M E !forth 3.9'16'300 t distance of 241.40 feet to a corners TBENCI South 70O431300 a distance of .295.74 feet to a corners t THENCE south 19e ILS' N , a distance of 143.75 feet to a corner; THENCE South 70'43 t, a distance of 32.0 feet-to a corner; THENCE South 1 130 Hest, a distance of 468.03 feet to the beginning of a cu the rights t TS>D= in a Southwesterly direction along said curve to the right having a radius of 90.95 feet, a central angle of 700262SO•, and an are length Of 111.83 feet to the and of said.curve to the rights- THENCE South 89*430200 Nest, a distance of 392.74 feet to the .beginning Ey of a curve to the rights THE11C! is a Southwesterlydirection al having a radius of 332. ral said curve to the'8o and ii lest, a central angle of 64`39 10 , mad -- an arc length of 374.79 feet to the end of said curve to the sight t and to the MACE OF DMIIIN NO mad containing 9.7304 acres. 4 ems- 9 hhlsit C • ftp 1 ON'1 { i - { IM MI t 4 VOL 8%2 tacE 949 j Exhibit 0 ' BOUNDARY DESCRIPTION #' 19.3823 Acres ' Being a tract of land out of the N.W. WALLACE SURVEY, ABSTR NO. 1606, and r. being out of the Calloway farm Addition, 3rd Filing, a to the City of North Richland Hills, Texas filed in Volume 388-12 e 8 9A, Tarrant County Plat Records and being more particularly descri d a oll s: f . BEGINNING at a point, said point being n action of the South line of State Highway 16-A an the as line of the Texas Electric Service Company R. [led In Volume ZZ 1947 M,. Page 169, Tarrant County Oeed ords THENCE North 47. 469 300 East, alo said M. 26-A R.O.M.. a distance of 413.12 feet to a point vature; i THENCE along a curve to the r , said curie having a ! f. central angle of 12! 340 41N, a ra of 250.00 feet. and an arc length of 54.80 feet, l are North 51. 039 SON i East, a distance of 54.77 fee point of reverse curve- ture; THENCE along a curve to a t, said curve having a - _ central angle of 12. 349 4 , a adius of 250.00 feet, and an arc length of 54.88 f rd bears North 540 030 501 East, a distance of 5 7 to a point of tangency; THENCE North 47 46 t, .a distance of 335.00 feet to a point for corner; THENCE South 42• I East, a distance of 167.10 feet to a point of curvatu THENCE along veto the right, sold curve having a central ang1 • 0000 a radius of 20.00 feet, and an j arc length 1. set (Chord bears South 2. 461 30" West, a distance of 8 feet) to a point of reverse curvature; s THE curve to the left, said curve ' having a central angi 73. 30t 000, a radius of 182.54 feet, and an arc length . of 234.16 feet (Chord bears South 110 Oil 30" Nest, a distance of 218.44 feet) to a point of tangency; s r THENCE South 25. 43. 300 East, a distance of 639.71 feet to a point of curvature; THENCE along a curve to rho left. said curve having a central angle of 64. 331 10", a radius of 332.66 fast, and i an arc length of 374.79 fea7 (Chord bears South 58. 004 04" East, i a distance of 355.19 feet) to a point of tangency; r THENCE North 89. 430 20 East. a_distance of 382.24 feet to a point for corner; _-Page-1 of 2-Pages VOL 80V r � illild .�� .x=x.,. '-•.:�.;tu .t�1...k��atmerarKsr;�:..�r-.�w;cu,A`,8,:i%.�`c'tt.vr-,f:..k.t-�a-+at�Jiy�,.s2 et+.arbtf d�a�fr;�rf�1€i€3. _ . 1 THENCE South 00•rf9� �S" �a;t;a'disfanci of'z?.00 feet foi a $; point for corners THENCE South $9. 43# 20• Mast, a distance of 11 71 feet to a point for corner; THENCE South 00. 19r.45'.£ast, a distance .7 feet to a point for corner; i' f THENCE South 890 #31 209 West, a dielan 0 foot to 4 a point for Corner, THENCE North 00. 191 450 w«l, a d nc $16.74 foot to a point for corner; i i I THENCE South 59. 439 200 West, a d of 175.94 feet to a point for *r cuxvature; . 'i THENCE- along a curve to the r said curve having a i central angle of 38 271 58•, ja of 300.00, and an arc if length of 201.41 feet (chord bes h 71. 022 410 West, a distance of 197.65 feet) to i p f tangency; ` THENCE South 89. 43* 200 We distance of 117.86 foot to a point for corner; 33 THENCE North a distance of 530.05 feet to f the POINT OF•BEGIMNIN g a: s CONTAINING 844,291.4 un feet or 19.3823 acres of land. - Exhibit 17 i Page 2 of.2 Pages VOL Sft'wl PACE 951 { f f'� ..s;s. .., a i•'ki�at.�al.e'�wd@.' - ,aat'.�rwk.w.�suprF� :, - a .y ,Gk�.1:.�`r.FJr *%ae�. .rh��6a N,•1 •1+.=Fiat + `�.t=4�./t� ;;t �" s<`�`-�yr j .. AIM 0 2Ar 41 i I N4-7 "ft-ISQ4"&4Mkl AV' 952 7 .r d�kr � � �r'�i"a2'Qi's � s _•ty .t ,.ls/^ .+ i -T-0 t3,c, �y. t _ I k J r " i FK i o 34, 0�:�- �(ate' ?C•Tp �� - . ��.'. -r.�'6's3'-�`� c � 'Tca- �, j - 7.✓/`.�.��.TO°'X /fi � - v: I S A f'I.L�'PYG.'Tt�MG• l -G-' V�•r•„ v U %-F#14.,1 .F a5lj-"X'TGCG, ��' q ° C., "E e ,. /din 9Cc• _ �. 3° 32.67'RK,-70 S,c Vi7t R _PACE s h YSi+R�a� "'.ipW+r/ .LU•°%-:%K�<+•h!.d+�*.�1'#.ru3'.t qw J +t ,d . r 'U N 4"1 t G>.21` "x"TU B.G, III 1 ------------- SO,_ice i vrt C � 30..31 �R• ?.K.To$L , � C i3 fl a) V E 30.�2 1- YK,ToH.G. =e•r4 1 � u 2$2.04 • - 24!2,04 3o'92. P.K.ZoB.C. �.R\ a .0c SAN45ER-HARRIS ,. A l`' j i 4 4 !: �A��; ?"r l �F .4 S- d3sP�t � �iy' 1:�8 15+ ., � ul• - .. j CURVE DATA NO ANGLE RADIUS LENGTH deg in ft ft 1 38 27 30 00 201.41 , 2 12 3 41 250.00 ' 54.88 i 3 90 20.00 31.42 r 4 21 40 0 ` 469.00 177. 5 59 251.00 366.07 6 41 651.00 60.35 -- 7 45 20.00- 33.81 i 60 = 15 39 160.00 168.28 9 3 05 26 50.00 46_33 r 07 48 50.00 46.38 4 29 29 i 210.00 -236.37 j 79 35 40 ? 20.D0 27.78 1 31 30 55 651.00 358.08 45 00 00 456.56 358.58 15 90 00 00 20.00 31.42 16 30 26 55 526.50 279.80 - ` ? 17 40 00 00 i 942.77 658.18 13 40 00 00 912.77 637.23 _. 19 -30_ 26 55 ` 496.50 263.86 - -- 20 70 26 50 90.95 111.83 :. 21 49 18 28 i 287.00 246.99 j 22 48 10 55 287.00 241.35 23 22 37 59 212.00 105.95 j 24 28 37 59 188.00 93.95 25 21 40 00 501.00 189.46 26- 83 33 591 219.00 319.40 27 44 36 01 619.00 481,84 28 45 00 00 424.56 333.45 F a 70 26 50 58.95 72.48 J0 89 52 15 ` 243.00 381.16 s j; 31 48 10 55 243.00 204.35 ( 32 26 37 59 168.00 83.96 F 33 28 37 59 232.00 115.94 1: c' j VOL S2 PACE 955 3 .. SSG M1na Z:6W ian ? ------- — , --- ---- ---- —— ---- _ �� 9 a - oo W � y► 3i i z n f O t _ E O Z ` N f V S'L t77 ..may �r 44 Ca 4 • - - A*4 e O COX' 2R l 4'S :tb " yj I?,-? .J(o 4) •r!/Y llJ �, N -� a �v a• SI'IICK HO-1 VOL A092 PACE 937 1 ,S / �.}$'��T.'^-�',�-^•�iji.� �v'Nld�An•�r'tn�t wri��'�Y.G'�ta�3 f lL.. ..�' '`J� S'-�.E. �.�/ �1��_ w 1 ✓Y `��A'�: ��, `'.!'�. tr ,z ,-t � r'±�,.5�3,��-rl_��`x'� .�:,�AA�a'rP�.y'^�Jf�"L-rts �:;f -'...`;--•�' ..y:�.-- �3!H�'�. _�?�;i=•�-. o � -TO e.c. -� o.o-7� ",j„YnS.c. r COX9S . U 1.2fs t t o - � . 13 LMS 3z. Lo p,52 PK.ro• r .-• -r7.-r Z W 4(o'l'.19: t F iI 4 HICK HOSPITAL o _ j �� Noo•tt e - Sc VOL PAGF WO €' t r _ i J � I jr I HEREBY CERTIFY •PH EASEMENT DESCRIPTION IS UR A THAT THE i EXISTING RING R ENTRANCE DRIVEWAYS ARE WITHIN T T BOUNDARIES WITH THE EXCEPTI A HEREON. . it 1 JOHN N. MAGGIORE REGISTERED PUBLIC SURVEYOR ? 1tI NO.2419 f I NI ro S.C. v I 0 W .. . ......... ::................. t _ . . ��:` � n�FtJrscq //-I¢-B4 7(/7•�J i t" G'/ RING ROAD-EASEMENT DESCRIPTION NORTH HILLS MALL 1 NORTH RICHLAND HILLS MALL . FEDERATED STORES REALTY VOL f b 7 W 7th Strut j 29,8I' Cincinattl, Ohio 45202 "X"To mc, �� oi ham Associates ktc. o•w' 3r,' �Oo°gym' 35"E ll^ f 9h _C0W1LTjW ENGINEER-&ftANNERS Of I 3o.04' Drawn Fly T:H .. Shut I EM131T E-2 ! 80UNDARY DESCRIPTION - RING ROAD - NORTH HILLS MALL Being a tract of land out of the W.W. NALLACE SURVEBS CT NO. 1606, and being out of the Calloway Farm Addition, 3rd Fi0,�J_ ition to the City of North Richland Hills, Texas filed in Volume 389-89A, Tarrant County Plat Recdrds'and being more particularly das ollows-COMMENCING at a point, said point being t nteof the south line of a e fffgTiway 26-A and the east line of th exas tric Service Company right-of-way as filed in Volume M& Page Tar t County Deed Records; i 1947 THENCE North 470461300 East, along sai S. H. 26-A right-of-way a distance of 12 feet to a point of curvature; f THENCE along a curve to the right, sa aving a central angle of 1 T41W41", a radius of 250.00 feet a bea,ing North 54403150" East 54.77 feet, along the said curve 4n a e th of 54.88 feet to a point of reverse curvature; f THENCE along a curve to the left sai urve having a central angle of Trr41", a radius of 250. n chord bearing North 54°03'50" East 54.77 feet, along said cu gth of 54.88 feet to a point of tangency; - a THENCE North'47'46'30" E nuing along said S.H. 26-A right-of-way, a 5 !' Mtance of feet t T OF BEGINNING; 378.00 THENCE N 47-46'30" E. 4 to a point for corner; - _. THENCE S 42°13130" E. 1 eet to the point of a curvature of a curve to the . g TUE—, having a del 1001, a radius of 20.00 feet, and a chord bearing- South 87"13'30" E 28. eet; THENCE along sa v o the left, an arc distance of 31.42 feet to a point of tangency; THENCE N 47" 146.40 feet to the point of curvature of a curve to the f Test,having a de of 21*401001, a radius of 469.00 feet, and a chord bearing North 36°56'30" East 176.30 feet; i THENCE along said curve to the left, an arc distance of 177.36 feet to a point I . U tangency; ` THENCE N 26°06'30" E, 315.01 feet to a point of curvature of a curve to the P r�gh having a delta of 83"33'59", a radius of 251.00 feet, and a chord bearing North 67053'29" East 334.48 feet; i THENCE along said curve to the right, an arc distance of 366.07 feet to a point a�aapound curvature of a curve to the right, having a delta of 05018'41", a radius of 651.00 feet, end a chord bearing South 67040'10" East 60.33 feet; TWAU along said curve to the right, an arc distance of 60.35 feet to a point — terse curvature of a curve to the left, having a delta of 96051145", a. . radius of 20.00 feet, and a chord bearing North 66"33'18" East 29.93 feet; ' Page 1.of 5 Pages. VOL HW. H fAuE 860 11-19—gy �� FW91,7dFa:•: -...nidic M+ad`��,l.,wN..:.ta..,.,E.iip'h1E�y1�.#x z•�;: u a^...� :"�iaF=£tifsa .+' . THENCE along said curve to the left, an arc distanc 3 1 feet to a point of compound curvature of a curve to the left, having f 60'15'39", a radius of 160.0% and a chord bearing North 12*00'25" et; ! THENCE along said curve to the left, an a to 168.28 feet to a point j of ff`ngency; f THENCE N 42'08'14" W, 50.00 feet to a poi Ufcu tore of a curve to the left, %vTng a delta of 53'05'26% a radius of and a chard bearing North 68'40'S7' West 44.69 feet, THENCE along said curve to the left, istance of 46.33 feet to a point or corner, said point being in the of said S.N. 26-A; THENCE North 47'46'30" East a d n f 7.17 feet to an angle point; j THENCE N 47051'45' E, 72.80 fee nt of cur'_Lure of a non-tangent curve to--We-Teft, having a radial ing f S 79000135" E. a.delta of 53007'48", a radius of 50.00 feet and a*hor a g South 15034'24" East 44.72 feet; : t THENCE along said curve a an arc distance of 46.36 feet to a point of tangency; Ft THENCE S 42008'14" E. 50 to a point of curvature of a curve to the . P r"'i'7K. having a delta• ", a radius of 210.00 feet and a chord bearing , South 09053'30" East 4.09 t; . . _ ._ THENCE along said he right an arc distance of 236.37 feet to a point UT erse curva 0 urve to the left, having a delta of 790351400, a . radius of 20. and a chord bearing South 17'26'35" East 25.60 feet; 4 � R THENCE along sai we to the left, an arc distance of 27.78 feet, to a point --of atu f a curve to the right, having a delta of 31*30155'. a [ radius of 6 and a chord bearing South 41028'58" East 353.58 feet; t THENCE along said curve to the right, an arc distance of 358.08 feet to a point angency; THENCE S 25'43'30" E, 282.04 feet to a point of curvature of a curve to the ; - r' tF rTT;having a delta of 45000100", a radius of 456.56 feet, and a chord bearing South 030131300 East 349.44 feet; - THENCE alono said curve to the right, an arc distance of 358.58 feet to a point 1 oT'tangency; r THENCE S 19"16'30" W, 219.90 feet to a point of curvature of a curve to the ! Tift-7having a delta of 90*001001. a radius of 20.00 feet and a chord bearing ` South 250431301! East 28.28 feet; ,r • THENCE along said curve to the left, an arc distance of 31.42 feet to a point of reverse curvature of a curve to the right, having a delta of 300261551, a radius -- of 526.50 feet, and a chord bearing South 55030'02" East 276.52 feet; E a "' Cxlr,la. yq P49 .PAfc 9GY Page 2 of 5 Pages a. y... THENCE along said curve to the right, an arc distan of .8 feet to a point 4. of compound curvature of a curve to the right, havin to of 40'00'00", a <,yi}; radius of 942.77 feet, and a chord bearing South st 644.89 feet; j - THENCE along said curve to the right, an a s 658.18 feet to a point Tangency; THENCE S 0001613SN E. 80.00 feet to a poi for)corner; er; ' I ° " THENCE S 89 43 20 W. 30.00 feet to a point fo • df` THENCE N 00016'35" W, 80.00 feet to a p of curvature to the left, having a ' aee a�-of 40°00'00", a radius of 912. d a chord bearing North 20016'35" West 624.37 feet; s THENCE along said curve to the 1ei%h,,a distance of 637.23 to a point of J � compound curvature of a curvet , having delta of 30°26`55", a radius of 496.50, and a chord bearing Crjh463002' West 260-76 feet; ! THENCE along said curvet n arc distance of 263.85 feet to a point of compound curvature of the left, having a delta of 90000'000, a radius of 20.00 feet a aring South 64°16'30" West 28.28 feet; i THENCE along said curve left, an arc distance of 31.42 feet to a point of #angency; THENCE S 19°16'30" W. feet to a point of curvature of a curve to the rTgTit,having a de 26'50% a radius of 90.95 feet and a chord bearing South 54°29'55" W 1 feet; THENCE aloZgu to the right, an arc distance of 111_83 feet to a point a aftangenc f ...i E. .. THENCE S 8477.72 feet to a point for corner; , THENCE S 00°19145" E. 25,00 feet to a point for corner; THENCE S 89-43-ZL0" W, 897.46 feet to a point of curvature of a curve to the r g t, having a delta of 380271580, a radius of 300,00 feet, and a chord bearing ;j North 71°02'41" West 197.65 feet; THENCE along said curve to the right, an arc distance of 201.41 feet to a point Tor corner; t THENCE N 00019145N W, a distance of 16.86 feet to a point in a curve to the ( remit; said curve having a central angle of 49°18'28", a radius of 287.00 feet and a chord bearing N 25°03'39" W, 239.44 feet; THENCE along said curve to the right an arc distance of 246.99 feet to a point _o.Ftangency;. .. __.. .:; ,i (yy, F- VOL, C1�7h 7 p AUF i Page 3 of S Pages 1�-19-Sy NO THENCE N 00024'25" Y, 166.18 feet to a point of curvature oXndhord to the rTg►f, having a delta of 48°10'550, a radius of 287.00 bearing North 23041'03" East 234.30 feet; THENCE along said curve to the right, an arc distan feet to a point tangency; THENCE N 47°46'30- E, 221.23 feet to a point ry of a curve to the rrTgghn;having a delta 28*371590, a radius of 12,00 t, and a chord bearing North 62005'29" East 104.85 feet; THENCE along said curve to the right, an arc dis a of 105.95 feet to a point a, of-tangency; ` .E.THENCE N 76°24'29" E 26123 feet to a urvature of a curve to the r i ` lei*f;having a delta of 280371590, a r 188.00 feet, and a chord bearing g r'� North 620051290 East 92.98 feet; A. THENCE along said curve to the lef distance of 93.95 feet to a point a�"r corner; THENCE N 41°36105" E, 74.39 nt for corner; . -THENCE N 42013'300 W,167 to _point for corner; � THENCE N 47-46-300 E, 43. o a point for corner; THENCE S 42013'30" E, 21 10 t to a point for corner; THENCE N 470461300 E. eet to a point of curvature of a curve to the Tedhaving a delt f 'W", a radius of 501.00, and a chord bearing North A 360561300 East t; � THENCE along said c to the left, an arc distance of 189.46 feet to a point of7a`ngency; i � THENCE N 26006'3 315.01 feet to a paint of curvature of a curve to the rTq t, having a delta of 83033'59". a radius of 219.00 feet, and a chord bearing North 67°53'29" East 291.83 feet; THENCE along said curve to the right, an arc distance of 319.40 feet to a point or—compound curvature of a curve to the right, having a delta of 44036'010, a radius of 619.00 feet, and a chord bearing South 480011310 East 469.77 feet; THENCE along said curve to the right, an arc distance of 481.84 feet to a point s of tangency; [ 1 � THENCE S 25043130" E, 282.04 feet to a point of curvature of a curve to the ;- y"': rig . having a delta of 45000'000, a radius of 424.56 feet, and a chord bearing a South 030131300 East 324,94 feet; r , -----THENCE along-said--curve...to.the right, an.or; distance of-333 45 fleet; VOL W2 fAct 'SG Kqt�+0 6 Paaes 11 19 8y -�, „�'jyr�,.;';.�.tew;:tdti �xw�..:.::we-,�,is .a.:r2.;ik.�.-rh 4er:,�f-z�'ia�!Ir%.�rd.z-1 Fe d'i+rek,.de:b F:•• .,!tr w,n��-:ear .':Fc1;:ik+spi/yK.i r� THENCE S 19°16'30" W. 757.95 feet to a pint of curvy e a e to the i rTyh having a delta of 70°26'50", a radius of 58.9 t nd a chord bearing South 540291550 Vest 68.00 feet; i -THENCE along said curve to the right, an arc dist e o 2.48 feet to a point irwr ncy; -� THENCE S 89°43'20" W. 1375.16 feet to a; poi of cu ture of a curve to the t, having a delta of 89052'15", a radiu 2 feet and a chord bearing 4iorth 45020132" Vest 343.27 feet; P ) THENCE along said curve to the right, a distance of 381.16 feet to a point K0 tangency; r I THENCE N 000241250 W, 166.18 feet to n f curvature of a curve to the l Figlir having a delta of 48°101554 a of 243.00 feet, and a chord bearing North 23°41'03" East 198.38 feet; THENCE along said curve to the ri t, arc distance of 204.35 feet to a point ' agency; L J THENCE N 47046130" E. 221 t point of curvature of a curve to the r�git, having a delta of a radius of 168.00 feet, and a chord bearing North 620051300 East 83.09 . THENCE along said curve a istance of 83.96 feet to a point of tangency; j THENCE North 76°24'29" istance of 261.23 feet to a point of curvature to - tT+e 1—eft, said curve a central angle of 28°37159', a radius of 232.00 feet and a chor be g N h 62*05129" East 114.74 feet; 1 THENCE along said the left an arc distance of 115.% feet to a poirt of tangency; � r . THENCE North 47 East a distance of 115.96 feet to a point for corner; 1 t THENCE North 42°13130" Vest a distance of 219.10 feet to the POINT OF BEGINNING anTXWAINING 299,318.84 square feet or 6.8714 acres of land. / 3 z jj r x pp ' I I 5i �7� WDe�pptt pp� _ s 1 ! V0L tMti IAti 564 ! Paee 5 of 5 PaRe V, EXURIT F OWNDARY DESCRIPTION i RUTH STREET (A Private Driv i 0.9375 Acres Being a tract of land out of the M.Y. YALLAC RYId BSTRACT NO. 1606, and being out of the Calloway Faro Addition, 3rd clinAddition to the City pf North Richland Hills, Texas filed in Voluee - Page 89-89A, Tarrant County Plat Records and being more particularly de as follows: y�' BEGINNING at a point, said point being the action of the north line of Glenview re foot R.O.M.) with the east line treat (a SO foot private R.O.N.) } (said point also being the southwest corn t.Jobn the Apostle Catholic Church tract THENCE along said north line of Glen& a 89.43'20" V. a distance of 50.00 �o a point for corner, said poin Intersection of the west line of 1 1 Ruth Street (a private drive) with line of Glenview Drive; r � THENCE along the west line of sid S t, N 00•19145" N, a distance of 816.74 - TWT-To a point for corner; ; THENCE N.89'43'20' E, a dis 0. feet to a point for comer-,- THENCE alono the east line of Street, S OD-W45- E. 816.74 feet to the POIIii-OF BEGINNING; and 1 CONTAINING 40.836.98 square t _0.9375 acres of land. *Ruth Street is not a d c City rightrof-way, but.1t is a private drive. F. Al r A-A``{{'';1 EF VOL £)92 t EXHIBIT G-1 RESIDUAL PARCEL N0. _ _ 9.5223 ACRES A Being a tract of land out of the W.W. WAL E SUR ABSTRACT NO. 1606, and j being out of the Calloway Farm Addition, 3 Fili an Addition to the City of North Richland Hills, Texas filed in Vol 26; Page 89-89A, Tarrant County Plat Records-and being more partAkularly described as follows: BEGINNING at a point, said point being t tersection point of the southeast corner of the Calloway Farm and the east right-of-way line of Cagle St. (50' R.O.W.); THENCE S 89043/200 W. a distance of et to a point for corner; THENCE N 00°16'35"-W, a distance 8 feet to a point of curvature; THENCE along a curve to th curve having a central angle of 40°00'00", a radius of 94 and an arc lenytn of 658.18 feet to'a point of compound curvature; J THENCE along a curve to t said curve having a central angle of 30°26'55", a radius of t, and an arc Length of 279.80 feet to a R point of reverse curva re; THENCE along.a cure right, said curve having a central angle of s _ 90000100", a radiu of 0 feet, and an arc length of 31.42 feet to a point of E-- tangency; THENCE N 19016'30 a distance of 219.90 feet to a point of curvature. THENCE along to the left, said curve having a central angle of 45°00100", a ra of 456.56 feet, and an arc length of 358.58 feet to a point of tangency; THENCE N 25°43'30" W. a distance of 282.04 feet to a point of curvature; THENCE along a curve to the left, said curve having a central angle of 31°30'55", a radius of 651.00 feet, and an arc length of 358.08 feet to a point of reverse curvature; THENCE along a curve to the right, said curve having a central angle of 790351400, a radius of 20.00 feet, and an arc length of 27.78 feet to a point of reverse curvature; # . .° THENCE along a curve to the left, said curve having a central angle of f� ; — 640291290, a radius of 210.00 feet, and an arc length of 236.37 feet to a point of-tangency; . . THENCE N 42608115" W. a distance of 50.00 feet to a paint of curvature; Y, THENCE along a curve to the right, said curve having a central angle of J i ' 53°07148", a radius of 50,00 feet and an arc distance of.46,36 feel to a point for corner; }� VOLFiQ9 PdEE 966 �.. .j - THENCE N 47051145" E. a distance of 235.00 feet to aat r corner; THENCE S 42*081151 E, a distance of 160.00 feet tcurvature; THENCE along a curve to the right, said cury v entral angle of � 45°00100", a radius of 429.OD feet, and an c en h of 336.94 feet to a point of tangency; - THENCE S 02051145" bl, a distance of 218.31 point of curvature; THENCE along a curve to the left, sai a having a central angle of 40°52100", a radius of 571.00 feet, and a length of 407.27 feet to a J. point of tangency; i.. THENCE S 380001150 E. a distance,&f 5 et to a point for corner; f < THENCE S 00016-350 E, a distance feet to the POINT OF BEGINNING; and containing 9.5223 acres of land. I i FJ ^ y p`r d,w � I t i seat !111 + C-,-� VOL EQ9� CAGE 9f,'y -��ediA�,..t..., t: EMIEHT G-2 RESIDUAL PARCEL ND. 2 { 9.3422 Acres + Being a tract of -land out of the W.W. WALLACE SME 8 CT NO. 1606, and being out of the Calloway Farm Addition, 3rd 411na. ddition to the City of North Richland Hills, Texas filed in Vol 388-1 Page 89-89A, Tarrant' County Plat Records-and being more particular] escri as follows: CONNENCING at the intersection point of the sout corner of the Calloway Farm Addition and the east right-of-way of Cagle Street (50' R.O.W.); THENCE South 89°43'20" West, a distance eet to the POINT OF BEGINNING; THENCE South 89°43'20" West, a disc ce f 0 feet to a point for corner, said point being in the west line of Cag� THENCE North 00016'35" West, a dis a .I1 feat to a point for corner; THENCE South 89°43'20" West, 695.86 feet to a point for corner, said point being in the east line Drive (50' R.O.W.) dedicated by deed as E recorded in Volume 4423 Pat Deed Records of Tarrant County, Texas; THENCE North 0001945" West, to ce of 301.62 feet to a point for corner; THENCE North 89043120" £ a stance of 10.53 feet to a point of curvature to the a i left, said curve having a ntr angle of 70026'500, a radius of 90.95 feet and a u f chord bearing North 54° ' st, 104.91 feet; THENCE along sal cu to a right an arc distance of 111.83 feet to a point of tangency; THENCE North °16'30" st, a distance of 468.05 feet to a point of curvature to the x right, said cu av a central angle of 900001000. a radius of 20.00 feet and a chord bearing Nor 16'30" East, 28.28 feet; THENCE along said curve to the right an arc distance of 31.42 feet to a point of curvature to the right, said curve having a central angle of 30026'55", a radius of j 496.50 feet and.a chord bearing South 550301020 East, 260..76 feet; (j THENCE along said curve to the right an arc distance of 263.86 feet to a point of a i compound curve to the right, said curve having a central angle of 40°00'00", a radius of 912.77 feet and a chord bearing South 20*16135"East, 624.37 feet, THENCE along the curve to the right an arc distance of 637.23 feet to a point of tangency; -� THENCE South 00°16'35" East, a distance of 80,00 feet to the POINT OF BEGINNING; and containing 4.06.944.32 square feet or 9.3422 acres of land. 1' 5-e, , VOL FQ9ti 1AlulE 96a -A^ - .aw•=-M-�..t..u. uN'�.r 7. F 1 D �o /1 ►9 gel � E t I RESIDUAL PARCEL NO. 3 j 2.2881 Acres ' Being a tract of land out of the W.W. WALL UR STRACT NO. 1606, and being out of"the Calloway Farm Addition, Fili an Addition to the City of North Richland RRiis, Texas filed in vo 388 6, Page 89-89A, Tarranty County Plat Recor8�and being more particula de bed as follows: COWENCING at a point; said point bein the extreme northeast corner of the Calloway Farm Addition and also being in the so ight-of-way line of State Highway 26-A; THENCE S 47*511451 W, along the south -o way of State Highway 26-A, a distance of 307.80 feet to an angle point; THENCE S 47646130" W, a distance a feet to the POINT OF BEGINNING; j THENCE S 42°13130" E, a distant f 3 5 feet to point for corner; THENCE along a curve tot ® curve having a central angle of 17°28127", aii radius of 251.00 Feet.:a gth of 76.55 feet to a point of tangency; € THENCE S 260061306 W, a ce 315.01 feet to a point of curvature; r THENCE along a curvet g t, said curve having a central angle of 21°40-00-, a , radius of 469.00 feet, nd a arc length of 177.35 feet to a point of tangency; THENCE S 47°46-30- istance of 146.40 feet to a point of curvature; -- THENCE along the right, said curve having a central angle of 90cDO'GD-, a radius of 20.00 a an arc length of 31.42 feet to a point of tangency; THENCE N 4 $30" a distance of 167.10 feet to a point for corner, said point l being in the ght-of-way line of State Highway 26-A; THENCE N 47*46130" E, a distance of 36,00 feet to a point for corner; THENCE N 42-131304 W. a distance of 12.00 feet to a point for corner; f THENCE N 47°46130" E, a distance of 670.62 feet to the POINT OF BEGINNING; and + r'•`':; containing 99,674.36 square feet or 2.2881 acres of lan , t VdL- ti fact 9(a z YrK-t Qt.+,,L<..Y34 ,eiiy�',yfk 14® {' MIBIT G-4 RESIDUAL PARCEL NO. 4 6.4365 Acres Being a tract of farad- out of the W.W. WALLACE SUR Y. TRA T NO. 1606, and being out of the Calloway Farm Addition, 3rd i Addition to the City < of North Richland Hills, Texas filed in Vol 88- , Page 89-89A, Tarrant ! ,;✓ County Plat Records and being more particuia y desc ed as follows: r ; CONRENCING at a point; said point being the i on of the north right-of-way f f line of Glenview Drive (50 foot R.O.W.) with the east right-of-way line of Ruth Street (a 50 foot private drive), said being the southwest corner of Saint John the Apostle Catholic Church tract; THENCE North 000191450 West, a distant o 22 feet to the POINT OF BEGINNING;- THENCE North 000191450 West, a distta o 7.52 feet to a point for corner; THENCE North 89043120" East, a di drftcez671.52 feet to a point for corner; THENCE South 00*191450 East of 417.52 feet to a point for corner; THENCE South 89"43120"_ We to a of 671.52 feet to the POINT OF BEGINNING; and € containing 280,373.03.squa 6.4365 acres of land. { I - ;j f i ' J "S- eaft to sort �'. &- Page 1 of 1 Page II-19 f1 .�'� v�F .s.�sxm,-.,.r��"Llvrs�aza�;x..l�wnmacr�..,c:.,v...,-.,—_..__,___._.__._.... ---.._.�-.....,..�..,ca:da+�Wu..�..�..,«,.,•_...,_ MM131T G-5 RESIDUAL PARCEL 400. IS A:8652 Acres Being a tract of land out of the W.N. UALLAC URVEV ABSTRACT NO' 1606, and being out of-the Calloway Farm•Addition, 3rd cling, Addition to the City of North Richland Hills, Texas filed in Vol 8-1ZX Page 89-89A, Tarrant County Plat Records and being more particu, ly._., ed as follows: I COMMENCING at a point, said point bein t ersection of the north right-of-way - line of Glenview Drive (50 foot R.O.N. w st right-of-way line of Ruth Street (a 50 foot privite'drive), said p i the southeast corner of the Richland Hills Methodist°W#urch trac�, THENCE N 00*191451 W, a distance of'3Ask— t to the POINT OF BEGINNING; ;. THENCE S 89*43•120" W. a.distance o�Oaf feet to a point for.corner; THENCE N 000241250 W, along the TESCO R.O.W„ as recorded in Volume _ 1947, Page 169,•Deed Record r County, a distance of 482.63 feet; a THENCE N 89043,20" E, a diet of 7.86 feet to a point for corner; j ' THENCE along a curve to t said curve having a central angle of 38°27'S8", a j radius of 300.00 feet, an n a length of 201.41 feet to a point of tangency; ! F THENCE N 89043120" E. Ztance ce of 175.94 feet to a point for corner; THENCE S 0001914 of 417 52 feet to the POINT OF BEGINNING; and containing 211,926. eet or 43652 acres of lan f WE ROW �J • • j PAGE:j -t".�;".:_._ .. - .''�s"'aa4.s«if.✓W6tr:4_':wk....[.awil�—'vt' _ x J. - x- __- .. Q P i Rr �s �T tL LL.. ':2f m .. .! TE 0; .. qD �h'Ulham: X - f n the, d Page f by f LC Nr F • m z13 m EASEMENT AGREEMENT u His..EASEMENT AGREEMENT (the "Agreement") is made of this 5th;day -f Tq,Aby and between Mli fncome Properties;Lttf�X,an Illinois limited partnership("Grantor")and GENERAL M1LLS.RESTAURANT5,"INC,.a Floj`tda corporation (,;Grantee"), RECITALSi A=. Grantor is tfie owner of certain.real pr y ' in.North Richlani#.Hills, Texas.and further,described in Exhibit:A attach o;a" .incorporated herein (the ",Oanfbr Site) 13: Grantee:owns orwilLacquiref e real property.located in North _ Richland HWl Texas and further-described;j Exhi B attached hereto a incorporated herein(the"Grantee Site').. tal, C: TheI2rantor Site is part a shop g center commonly known as North 14 i Mall;which is further described in Ex C. ched hereto and incorporated herein(the "Ceriter").. The Grantee Site is adjacent;to. Center. D. The Center is encum by that certain Operafirig Agreement dated July 11, 1978 and recorded in Volume ge 745 of.the Deed Records of.Tarrant:C)unty, Texas(which;.together withal nts thereto is;calledahe"Operating Atreemenf"); by.and among Grantor,4Wr n r "s ccessor in.interest to federated Stores Realty,Inc;); PrimaryProperfies:Corporat ware corporation'(assuccessor in interestto Federated Department stores,Inc); D pCpmpany-Texas,successor in interestto The:Dunlap r .. . Company,:R_E:Cost.& ompa and Mervyn's; a-California corporation CMeryvn`s"j: Pursuant to the O n ent,Grantor has certain rights in and over the common areas of the he T n portions of the:Genter which are:owned by the other parties to the Operati en. t. In o ation of the mutual.covenants;herein set forth, f ai d or other good and.valuable " ra n;.the receipt and sufficiency of which is hereby acknoudlPdged, Grantor-and ante ereby enter into this:Agreernenr to:provide for certain easements for the benefit o tee ire. AGREEMENT ST© ATER EASEMENT. want tii Grantor'srtghts uaderthe Ctperatmg Agreement,Grantor hereby cortsents to The'grant of a non-exclusive irrevocable easement for storm water runoff and roof drdina e ur uses for the-benefit of the Grantee Srte over ortions.of•the Center:owned 6 g .p p p y Mervyn's,•:as:depicted on Exhibit 0 attached.hereto. In addition;Grantor here.b grants to Grantee;.its successors and assigns;.for the benefit of the.Grantee Site;a non-exclusive irrevocable easement;across the,common areas of the:Grantor5ite as theyrriay exist front: time to time,to;provide storm water runoff across the Ring Road'and the Grantor's Site and roof drainage.under the Ring Road and across the Grantor's 51teto the"storm sewer system located partially:on the Grantor Site, as depicted on Exhibit Df without interfering with Grantor's use of.the.Grantor Site aG:provided in the:Operat ng::Agteement. " I1...ACCESS.INGRE5S.7lNU EGRESS AND'CURB CUT - . As'used:'herem,."Rini Road" means:the primary road which encircles the major buildings on the Centecand provides access to public.streets and rights of way yadjacent to the Center. Grantor hereby grants;to Grantee a noh-exclusiiveP irrevocable.easement and DWa xo s0a Ver.2 W +ru11194 it lIs Y C"A T l t�e� c str� r ghi of way for pedestrian and vehicular traffic and parking over and upon the common parking areas,sidewalks,walkways and::roadways located on the Grantor Site,as They may exist from time to time(including,without limitation,that portion of the,Ring;Road located son the Grantor Site). Also, pursuant to Grantor's rights gnder:the.Operat rig..Agreement, Grantor hereby consents to the-grant of non-exclusive irrevocable easement for the benefit. .of the Grantee Site for pedestrianand vehicularingress,:egress,accessand parking overand Across the portions of the common parking areas,sidewalks 'Aways and.roads located from time to time on land at the Center.:owned by.the of arties to the Operating. Agreemeni, and to use the Ring Road.for,pedestrian lar ingress; egress and access, together with the right.to install two curb,cut the ntee Site to the Ring 'Road as depicted on Exhibit.D.. Grantee shall be required;at its sole cos#a e o install curbs;landscaping,+ striping, stop signs an other traffic controls as d. rant ha reasonably require, and in .accordance with standards equal to those in c he nter. Although Grantor does not requiretraffic controls as of the date of th' eerrt rantor reserves the rightto require Grantee to install.traffic controls if re red by a! jurisdictional authorities or if they become necessary"in the exercise of so busin judgment. Gfdntbr kin Road as re aired b local ur. Tonal autho stn e and mar eby grants.to Gr ntee the ng Yt "p_ k,a crosswalk across:t}te g q y � orrfes:. The.curbs,, landscaping, [ signs, nther traffic controls and:crosswalk -` contemplated in this Sectional a k e Improvements." The exact locations ofahe crosswalk:and curb:cuts ar l i xhiblt D: .111. RESTRICTIONS: Tile easeme of way described in his Agreement are tailed the "Easements". The e 11 include the right,on ten.(10)days'prior written notice given by Grante o ct, nd.repair Improvements on the Easements as contemplated by this Agreeme he ements are not intended and shall not be.construed as a -'dedicatiori.of the. an to for public use and,the parties hereto shall take whatever steps 'May:,''be necess i such dedication. Gren keep and maintain the-Improvemegts in good order,condi ion and repair,at i t-and expense.Toh-e extent that such improvements can,as a practical matt r, o m tamed, repaired:or reconstructed only from the Grantor Site, the Ease s elude the right of Grantee and its errSployees,agent and contractors to / enter up d se:parts of the Grantor Site as anaadjacentto the perimeter of the Easement PI to suc extent; in such manner and for so long.as it is reasonably necessary to. ac lis" id purposes;.:provided that Granteesh'II restore.theppgion:of:the Grantor5ite so use he same condition as existed immediately before such work was begun, and provided further,that no such use by Grantee'sf7all interrupt the business being conducted on the Grantor Site or unreasonably interfere.therewith Any work done:by Grantee in connection with Easements shall not interfere with any kvork nnthe Grantor Site:. W. LIGHTING:- _. During such time As an operating movie theaf iris located at the Centel,the lighting "AM ,nt`Li. ne')for the portion of`the Ring Road which:is adjacent td the Grantee Site, and for:the common parking areas or)the Center located within:approximately 500'feet of the Grantee Site shall be operated by Grantor until 2:00 A.M.each day.(subject to force majeure); fGTantee'shoursofoperationregoirelightingdurmgadd'it'ional hours orathours when an operating:movie theater is rip longeraocated'at the Center,Grantee shall notify Grantor at least 15 days iin advance of,the new:lighting:hburs. Grantor shall operate:the :Adjacent-Lighting for such additional:requested hours:and.Grantee shall;pay the costs thereof within 20:days after:receipt:of an invoice therefor. The foregoing shall not require Grantor:to;construct;supply,mairiEaiir or operate lighting at any"time other than when an : •Uoc Na i+193- Y'ec 2 Y1F �371T t54_ 2 1 ! 44�9 operating shopping center is:located on the Grantor Site; If Grantor ceases to operate a: shopping center on the Center., Grantor shall not be required to supply the Adjacent Lighting. Z. V. RIGHTS RESERVED BY GitANTORt Notwithstanding anything in this Agreement to the contrary,Grantor reserves the. right,without obtaining the consent of Grantee,to do any all o€.the foilowing;.provded, that'the.right of way is not unreasonably restnded `ti) t badge the location of the Improvements, provided .that Grantor shall constr s :expense replacement lmprovements at the new location,and further provid at r r shalI not relocate the Curb cuts to;be installed by Grantee-pursuant to th' g. en ..It)to relocate, expand, reduce, :close, repair, repave, re stripe, elirriin r 'o erwise change. any of the improvements-or facilities:at:or on the Center going shall:.not terminate or eliminate the Easements nor interfere with.the c ins ed'by Grantee);(iii)to grant easements and other interests and rights in and t orti of the Center to third parties;and (iv)to construct or remove signs,landsc ui nd other improvements onany part of the:Center,except that:Grantor steal of rem the curb cuts installed by Grantee.. if, in the:exercise of anwof the foregoing is-Gran ceases to maintain or operate a_paved :road providing access between the Pro the public road known.as Grapevine Highway(also known as Highway 26),Grantee.shalI have the right to maintain and operate- a road providing soch access at- tee's sole cost and expense.at a location and In a manner..reasonably satisfactory to Gr rovided that Grantee shall notify Grantor in writing atleast thirty f3Q)days in "e xcept in the case.of emergencies)of any work Grantee intends to'performn f a Site:in connection with the:foregoing:. Graatei=agrees to co""" t reasonable rules and regulations promulgated from time to time.regardmg:the o common areas of the Center;.and that it will riot do or permit.its tenants; mpl- es,it nsees,agents,customers,invitees or other parties using u- - the Easements to: t ch obstructs:or interferes with access to or use of the .Center by any:ot i r VI. TRANSFEiLSi Grantee t assign or otherwise transfer any of its rights or obligations under this Agreement cept a transferee which Is simultaneously acquiring#ee-ownership or a leasehold.i II orsubstatitMil'y all:of`the Grantee Site. Vil. INS NC 17 G, e s a11; at its expense,.maintain.generaE public liability insurance against s for p oral injury,death.and property damage,arising put of the,acts or.omissians of e officers,partners,tenants,agents and employees with respect o the use of the Ease ts. such insurance shalt:be in the amount of not less than $3;0t)o00fl with respect-,to:personal injury or death and not,less than$5Dn,OPD with respect to property damage,and shall.prWdethat it willi not be canceled:withaut:ataeast ten.(10)days'prior written notice to Grantor. The:insurance toyerage.required hereunder shall extend-to.any liabili of Grantee arisin out of the'indeninit ty. g, y provided herein. Grantee shall deliver a certificate:of Insurance to Grantor on:or before the date of ibis kgreement: Grantee shall furnish:renewal certificates withimfen(to)days after receipt of Grantor's written request:. Vilf. INDEMNIFICATION: 'Grantee.shall indemnify and save Grantor,its partners,officers,lenders,eniptoyees, and agents from and against'any and all claims actions;damages;Ila6illty-and expense in connection-with the loss of life,.personal injury 6r damage to property or any of them- arising out:of the acts'or ornlWons:of Grantee;;its pairtners;officers,,tenants; agents and employees with respect-to the use of the Easements. Grantee hereby waives as against Grantor,!its partners,officers,lenders,employees,and agents any and all right of recovery in connection with the loss or damage to properly of Grantee occurring in on.or about(be Grantor Site, including but not limited to the Easements, resulting from fire and perils included in broad form extended coverage insurance;or other,casualty, unless caused by " the grossly negligent or willful acts or omissions of Grantor, its partners,officers, ienders, employees, and/or agents. 1X. NOTICESf Any notice which a party is requited or de sir es'to gr under this Agreement shall j be in writing and either personally delivered or-sent by ates.certified mail,=return: receipt requested,.or delivered by nationally.recogni vern :courier:'service which: provides a receipt addressed as follows If to Grantor: .. JMB Income Propetties LT cOo JMB'Propertie5 an 900.North Whig Avenu quite i 100 Chicago,Illinois. 11 and_ 1W income Pro s Ltd,X 9D(7 North enue,Suite 1300 Chica o,11 o 1 Attenf g artment If to Grantee: r Restaurants;'lnc. ctors Row --- _ o, londa 32809 tten General Counsel Either party m ate aidifferent address Yor itself by notice similarly given. X> HEAQi P aph. adings are for convenience only,andin no way definepr`limit the scope and t s Agreement or in:any nay affect its provisions: a MODt T1 N e AgieeRient cannot be changed,modified,waived or discharged orally except by an agreement in writing signed by the;parties hereto. 7cIt..RENiEDfE5:fNiUNCTIVERELIEF: In addition to all remedies'which may be available at law,. in equity,: lit this Agreement or otherwise, if Grantee fails to::comply with ;any obligation under this -Agreement'after fifteen (15)days notice specifying the nature'of such failure(or if such. failure:cannot be cured within t5 days, if Grantee does not commence to cure within 15 days and diligently pursue such cure to.complefion),Grantor may(but"shall not be.obiigatod to)-pt=rform all-or any par(of such obligation and charge the:Teasonable cosN in,connection therewith to Grantee,which Grantee shall pay forthwith.in the event of any violation or threatened violation by any:party of any of the terms, covenants:or conditions:of this :Agreement, the party hereto.which;is benefitted by such'violated or threatened tent; restriction,covenantor condition shall have theright tip eniain Sikh violation:or threatened violation in a court of competent jurisdiction,. :'lac.Nc 3094 -VeY.Z 3[AF }t,ii�94 'A' .. .. L 1449 t�S J X111 SEVERABILiTY:.., If any,term,.provision or condition contained herein.-shall to any extent;be invalid:or. unenforceable,the remainder of.th+s:agreement(or the.application of such term,provision or condition to parties:or circumstances other than those in respect of which it is invalid or unenforceable)shall not be affected thereby�and each term,provision:or condition of this Agreement shall be valid and entarceable to the fullest extent:permitted by taw: XIV. SUe[ESSORSR Except:as otherwise expressly provided in this Agreeme_ greement;shall run with the land,;both as respects to benefits and burdens,:c ' ein, d shall be binding upon and inure to the benefit of the parties Hereto a eir spective successors and assigns. Noiather party shall be deemed;to be. Nrd: ficiary heretinider. %V; ;GOVERNING IAVY This Agreeriient shall be.tonstrued ccor,d e wi(h,and governed by;the laws of che:State of.Texas. - XVI:..ENTIRE.AGREEMENT: ..' , This Agreement canstituYes the en derstainding between the parties concerning the subject :matter .herein coritai re are no oral promises,. conditions,. representations; undertakings or ter a ature_as conditions or inducerrierits to the signing of this Agreemen#.whi4a e N WITNESS WFiEREO have-aused this Agreemiaht to be executed as V of ihe'day.and year first a olv ritte COME PROPERTIES,LTD AI r 111 is limited partnership, _ 1MB Rea fty Corporatiorf, a. Delaware corporation; - Managing Gerieral Partner Vice President. GENERAL MILLS RESTA RANTS,lNG.,,, A Florid" atio t w• Trt+e: - .>f $wRicq vicr,T Pre t tii 14490 STATE OF ss: ' COUNTY OF This day personally appeared before me; President of.JMB_ Realty Corporation,'who acknowled i he signed, sealed:and delivered the foregaingAgreement on theday andyear.ther ned onbehalf of such corporation,;which is the Managing General Partner i coin :roperties, Ltd:X,an :Illinois Jimited partnership, . Given under my hand and seat of office,t y. I gy3 My Gammissian Expires: Notary Public STATE OFF COUNTY:OF F� t Thts da"y ersonallyaa b me,1/i;e li lrt IVltill%f�( the 1 1 r 1ru? c, r-t of General " 'Is UNION, Inc.i who acknowledged that for and on its behalf,he44e signed,seal and.41.1vered the foregoingAgreemen.t on theday and year therein mentioned as%tsrct.a being first duly authorized so to do. Given under a eat afoffice,thedaY o f5 My Commission ExpiE , fTlrf_ ry Public *' ,. . e..... 6CL3727A _ 1I44 C?5Q Xi l i__:SEVERABILITYr If any'term,provision or condition contained herein shaft to any eitent be3nvalid fir unenforceabfe,;the remainder of this Agreement(or the,application.of such;term;provision, or condition to parties or circumstances other than those in respect of which it is invalid or unenforceable)shall not be,affected thereby,and each term.provision or condition of#his' Agreement shall be,yal d And:enforceal le.to the fullest extent permitted by law. XIV. SUCCESSORS, Except as otherWise expressly provided in this.Agree. greement shalt run with the land,both as-respects to benefits and burdens cr rein, dshall;be bind,ing upon and inure to the benefit of the,parties.hereto a thei spe ive successors and assigns. No other pan hall be deemed to be a third p k1my.hereunder:. XV_..:GOVERNING LAWe ... , This Agreement shall be construed i cc ord ce with,and governed aiy;the laws 'of the State of'Texas: XYI-:WflRE CGREEMENT. This Agreement constitutes he e understanding between the:parties concerning the;aubject. matter herein contai re' are no oral promises, conditions; representationsF undertakings or ter ature as conditions or inducements to the sign mg of"this Agreement whiiar e 1N'WITNESS WHEREOF shave caused this Agreement to be executed as of the day and year first abov rftt ME PROPERTIES, LTD.X, n is-limited partnership; ft JMB:Reatty Corporation, a Delaware_corporation, Managing General Partner( vice r side t.. GENERAL MILLS RESTAURANTS INC., a Florida corporatron, By,.. 40a Title_ t �h 14,E t5 >p STATF QF� .. ... _ cs. COUNTYOF ' This day personally appeared before me;. 1/tce President of )MB Realty Corporation, who acknowle fie signed,.sealed and delivered the foregoing Agreement on the day and year erei..:. 'oned an behalf of such corporation;which is the Managing,General Partner nco Properties,LtdA,an -Illinois Iirnited partnership: Given undermy hand"and'se of office, a 9 993. My Commission Expires: Notary Public OFFICIAL. .SjEAL IJEBRA A. JACKSON STX F OF - NOTARY 7UBUC,-STATE OF ILLMOIS sst ... MY 6o:m"81Ph tXri.-*'5 `m1§5 COUNTY OF AP This day personally ap ore rrre; the of Gen i staurantsi Inc:,who acknowledged that for and on its.behalf, helshe:signedi se an elivered:Yhe foregoing Agre4ement on the day and year therein mentioned a!s "zt being first duly authorized soYo do. :Given un d seal of office;the_day of ,.i993. aviy evoinrnission E i Notary Public G6c_'N.1098''JCL'2 KAr1.(16j93: 6: '' corvsENr ' The foregoin9.Easement A reement is a rov t is,,<daVV of vndersigiied as plaster 3ervcer:undergthat poolingpasdgdrh+ t�na6 p c 1993 by the covering.;tflat mortgage-dated b•e sreh gar 1993 April, 18.,t973. Bankers Trutt:Coinpan- (Mortgagee.oi Grantor 1: Title Aw STATE OFF F`'aa r BOUNTY OF This,day personally a®e ore me, _L '- of BANK OMFANY,who acknowledged thatfarand omits 6elialt,he/she signed,seal nd ivered the foregaing:AgCeement-on the day arid'Year[herein mentioned:as` being first duly authorized so.to do: Givep and " an "seal of office the,`G�day of My Comrriissibn Eicp Notary Public irurio - _.`4 NC;F k. . a6e yb 1ir94. :Vci 2 A�F -a212'6`93 ] . 1 i4'y jet 8 �lennssolo;. �. s,aal4249 10 uo!lea01 pano3d pu oM SutN of slna gina s,aaluesq ;o suo!lejol panoldde :llo-uni jow. !ejp wAols Olu!ls!xa 2ur73AP UPId �u!p2�'J --a 1!gi.yx3 ... �alua�)o;uo!ld�nsa eta pps"oalue-l!)jo-uollduasa eta Q I l.`9.ltglyx3 al!S loluel!)jo:uogdja?saci le$a:7:-y l!g!yxg ,SUSWM iO.TSII - I�I:BIT A. .... _...... JMB.SITE Bring a tract"of land;out at the M.M. :WALLACE SURVEY", :ASMACT Md 1da6, :and Cling out of the Callcrey Firm Addition; 3ed Filing, an Addition .to to City of worth Richland Hills, Texaa filed in V61LM 188-126, :Page 8249A,. Taarant County Pi at Records and being tort particularly 44%crila4d as follows, cO*mcroi;,at a point, said polar b+inq:tJ14 ints"wion_point of the southeast cornet a?eha slid tract recorded in fth 30-12 Page 89. rer�fnt county plat Rkt Hs.. Tarrant County Texas, and the east t=of,ray1 he of C.Agi• Street (,O foot right-of-irayf; THENCE 5 84 E 13 ah. 20 set. M, a:distanc 0;00 _ t to the POIkT:pp BE61IMMS THENCE 5 89"deg: 43 min '20 sec.'Y. a dil�tr .00'fert to corder; THENCE k OQ deg'. 16 sin: 35 aec. W. s di act oq rest to.;the'point of curvature of,I.curve to the left.haV 1 of 46 degg: 00 min. 00 sac., a w radius of 912.77 fest.and i ohord 2Q lb sin. 3S see. Wi*624.37 fast; THENCE along said curve, an arc d tance o $37.23 feet.to the point of compound curvature of :curve ta.the Iaft ita of 30 det. 26 din: S.b-sec.. a. radius of 496.50 fait.and a chord deg,.30 "sin. ©2 see; Y. 260,Jb f4et THENCE 4Fonq said curve, 4n staneE of 2b3:8i fast to the paint of coatpound curvature of a:Curve to the ]ef erg a delta of 90 deg. 00 airt. 00 set., a radius of 20.00 feat, and a a bA deq. 16 sin. 30 set.Y. 28.28 feet; THENCE along said curves an d tante of 31.42 feet-to tilt point of tangency or said curve, THEIiGE:4 70 deg. 43 mi 0 Y. a distance of 32.00 feet to a tamer, THENCE 19 deg. E. a dlseanee of 167.35 fret to s corner;: YNENCE N 70 d in. sec. ai. a distance Of 295.-4 feet t0 a corner; THENCE 3 19 d ail: . 3Q secs M. a distance:of 265,D0 feet to a corner: THENCE:9 E5 s : 3Q seC_ w, a dtst4nce:of 4.11 fret to a corner; THENtE'k 70 30 'sett: W, a distanci of 218.02 tert to a earner, THENCE 3 4 16 sin: IQ sac. M, a distance of 85.78 feet to corner; :TM 16 min; 30 sec 'M, a distance:of 366.56:feet.to; "corner. Page 1'aE 4 Pages a ( €449514 THENCE S 64,deg. 11 ain. 31 sac: k, i.distanct!of 74.93 feet to .Garnlnc FENCES 19 deg. 11 sin. 11:sac: Vi,,!i distance of 84.00 feet,to corner; 'HENCE 5 64 dig. 11 s n."31 sec: M, a distance of 3G:d0 feet too corner; THENCE 5 24 deg. 35 mirt."44 sec. W, a distinct.of 92.90 fNt'to'4:corner; THENCE S 00 deg. 16 Jaini 46 sec. E, a distance of 00 feet to:a corner; THENCE N 89-deg. 43 air►. 20:sac:. E, jc0stinca feet to a corner; z"VT THENCE S OO:deg. 19'min. 45 sec. E, 'a dicta` t o tat a a corner, e ,. THENCE S 89 deg. 43 rein 20 loc. w. a dis" 138:71 felt to a corner; TN€8EE'S 06 deg. 19 wins 45 sec. E.-a: rant ! 6.T4 fart Cosa torna►�; 1xENCE 5 89 d 43 oiR. 20 see: of 50:Oq feet Ca a corner; egr THENCE N OO deg. 14 min, 45 sic , a d1N nce of 816.74 fast td a corner; THENCE 5 89;deg. 43..min. 20 oe.;: . lento of 173.94 foot to;the point of curvature of a curve tv t ight.hiving a.delta of 38 dog: 2T ain. :5a sec., a : radius of 306.00 Teets, and rd of N 71 dig. 02 sin. 41 sec.:Y, 197 65'feet. THENCE aldng"said tur64; a d nce of 201 41 feet#a a point on said curve; THENCE N 00.:deg. 19 m� W. a.distance of 32.25 felt to ffie point of curvature of i nos-ta s to the right having a del ta.of 47 deg. 13 sin.. 26 sec.. a eadius.of .5 !t and:a.chord of N 24 deg. 01--iaift. 08 src..W. ` 220.70 tttt;: THENCE along • n arc distance of 227.07 feet to the.00int of tangency w o ,ea d cury THENCE N 89 35 35"loc. E. a distance of 260.07 feet to the point of curve re of to the right hiving a delta of 19 deg. Akin. 56 sec., i radius of tnd a"chord of S 80 deg. 36 gain. 21 sac. E. I7.02 felt. THENCE alp sai curve, an arc distance of 1710 fe/E to the point of tangency o said THENC 70 48 sin: 2g sec: E; a-distance of 8.53 fief to a corner: eg: 24 min..-95 sec.E, a distitkiiof 69.3t feet to corner ENCE 0 dog: 24 min, 25 sec. E, a distanct:of 31.75 fiat to a:corner; x T 00449. 24 min. 25 ttt: 'E. a distance of 17.59 fart to a corner: Fags 2"of G:Pagan 1 { 1 {'449 U515 THENCE N 59 deg, 35 sin, 35 0K. E, a distances of 31..75 feet to a corner; THENCE 5 00 deg. 2t OI . 25 sec. "E: ;a distance of 9:59 feet to a corner; 'HEMCE'N 54 oeg, 35 iio; 35 set. E« 4 distance of 31.75 feet to i corner; THENCE-5 00 deg 24 akin. 2d set: E, a distance of 14.99 feet to a corner; THENCE s 60 A . 24 min. 25 set. E, a distance of 59:81 feet:to a comer; THENCE N.59 deg, :35 min. 35 tit. £, a dfatance of .05 feat to a cornef, THENCE 5 70 4", 48 AIM. 29 seta"E« 'a distant feet to a corner; THENCE N I9 deg, 1l min; 31 sk. E, a di"stA e.a 16:; . foot to 4 corner; j t THENCE N 23 dogs 02 min; 21 sec. E, a des .10 feet to a eorner THENCE N 19 deg: II min, 31 .see. E, a ,ant of 8 34 feet to a car+�er, THENCE:S 79 deg. li aiins 31 sec: di r of 31<75 feat to corner, THENCE:N 40:deg: 49 min: 29 3et . a di nee of 63,51 feet.to a torfler THENCE,N 19.deg: 11 min: 31 sac.... tinCeL Of 22.92 feet to a corner: THENCE S 19 deg: 11"min. 3E W, a distance of 63,51 feet to r corner: THENCE 5 19 deg; 11 min: 3 , t distance of 33.31 feet to a cornef THENCE N 40 deg: 48 mr. , a d1 tance of 63.5i feet to a corner; THENCE S 74.deg. II mi W, s.distance of 31,75 feet to a corner; TH€NGE N 19 deg11 31 at. E, a distance of IO.34 feet to a corner; THENCE 5 79 d 1 S[C. 8« a distance of 21.01 feat to a eorner; THENCE N 40 24 3ee. W, a distance cf 7425 feet to a corner; THENCE 5 !9 nr 3AA 1 sec. Wt'a distance of 38.e9 feet,to a cornet; THENCE. 11 N Z deg. min:LL 46 seC: W, a distance of 27:4a feet to the paint of curvature a e:to:the right having a delft of 96 deg. 21 min. I1 see.. a radius.' eet and a chord of N 28 deg. IO Rin: $3 ssc. E, 37,24 feet, TH fi ng s id curvr� an art distant# of 42:09 feet to tMe point of tangency a 7HEHCE. deg. 24 atiin= Zg set: E. jr dtstancr of Z03 06 feet to tt•e.Point of atu f a:curve ta_thR left heying a del_te of 28 deg 37 eiin, 5g.,see:, a 232.60 feet and a chord of N 62 deg", 0'S a"0 30 iec ,:114L. feet: Page 3.of 4 Pigas I ,449 i?5 THEKE along said curve,in aft distance of 115.94 feet to the'point of tangency said-Curve; THENCE N 47 deg. 46 tin. 30 sec.;E. a distance of.326.A feet to iht ooint of curve re of a:curve to the left:having a 4a1"ta of 14 deg. 45 Oih, 42 radius of 501:60 !e*t and a chard of N t0 deg, 23 mt:n. 39 Sect, 128.T2;feat; THENCE along said curvf, in are distance of 1291.A feet to the point of tangtnty 7 saidd curve; 8:80 THENCE 00 deg. 43 min. 30 ase:'E. a A stance:o! feet to teener; THENCE S 93 deg. 00 min. 091et. 1.4 dfstance o fett to a corder; THENCE 5 70 deg. 43 min. 10 sec: E, a dt: t� _ -a o%f 4, feet toe corner; THENCE N 19 deg: s6 ain. 30 see. E. a .dis .74 feet to the point of curratare of a Curve to the Ttft.haring` o dey. 54"m/n. 23 radius of 100.0d feet and a chard of N deg, Ain, 4 sec$ 78.00 Fitt; to the a Tl►ENCE along $aid Curve.an arc ca .12 feet to a point of:reverse curvature of it curve haying.a de i of 3 26 min. 42 3aC.s a r#thus of 74.60 reef and:a.chord of N 09 d 24 m1 32 Sec. Mf 43.82 feet, THENCE:&long said curve an art dista 44,49 feet t4 the point,of Lange p ;ol�sa�d curve; rtiENCE 5 70 deg. 43 min. 30 distance of 281.$2 feet to-the point of :curvature of anon-tangent ht right having a delta of 14 deg: 42 min, 03 sex.. a radius:of 4565 f a chord of M'lI deg.: 55 min. ;29 sec. 11ti 82 feet; ® 5 v THENCE Slang said cury n distance of 117.14 feet to the point of u6gency o�siTo.curve; THENCE S: 19 deg ac. Y, a distanci.of 219.90 feet to the point of u Curvature of a . e haying a delta of'90 deg. 00 min. 00 sec,. a radius of 20 a chord of S^25 deg. 43 min. 30 sec. E. Mid feet; TMENCE;along sa eve an'arc,distance of 3i:42 feet to the Point of revifrst curvature of a Ying delta of 30 deg: 6 min. 55 set., a radius of 526.50 feet o of.S SS.deg. 30 min. 02 sec. E, -276.52 feet,, THENCE ald6j rve :an arc d#stance of 279:80 feet to,the point of compound Curvature baring a delta of 40 deg. 00 mitt. 00 sec., a radius.of 942,17.f Chord:af S 20 deg: 6 miff:,35 sec. E 644.81 feet* TH 1.0 id curve,..an arc Ostancee-of 658.18 feet:to the point of tangency E S.0 nd =16 Ain.'35 set. E. a distant of 80.00 feat to" he FDINT:Qf :CONTAINING I.094;309.00 :Quan 1`ett or 25,2367 aces of Tand. ,0�8�32vec[Z�57 �'XCr.:aJ.f Paaa 4 0£;4 4 1 EXHIBIT. R Grantee Slte�/General Mills Rectautamb r Inc- to r4 a-,tract or parcel of land situated -in the City cif Ntirti Richland Bills, Tarrant County, Texas and being in th* w. .k; 1taTlaGa Su=v y„J+hatract No. 1604, and,,being part of a 19.3823 acre: tvact'racordeid.J.A volume ;6051, Page 316, ,T3eed Records 'of'Tarrant County, °Texas ind being Aore particularly described-:as follows. BE4INS-isd*-at. a 1/3. inch iron rod with yeilov plastic 'cap, stamped x:I&.:G: set -Lor:corner in the southeasterly lane o2 :Bute highway No'- 2b (104 :foot right-c �way): being South 47"4.6130" West-,. 50.:ob teet .from the northvest corner of said 19,3823 crid tracti tSSMN.South 42'l3''1Q" E4st, a distance of 1"86. feet to a 1/2 Och iran rod lk4th yellow plastic cap stamped set for corne in':'the: northwesterly line of grit IR, a D, alloway rarm hdtmition .3;d Filing, an addition to the it ! rth Richland r,: all,.recorded in Volume 388-1a6,: P 7$ t7eed Records of aii` COTXtX, Texas, C!!. South 48'18121" Rest, With the ort esterly line:of said Lot lltr a distance of 23"96 feet to / iron rod with yellow: glaatie cgg.atePr�i R.L.G. set far rner thenorthweateTy line of;'aid LRt 1R, being the ;beginn 91 of aft-tangent curve to the. sigbt, in a:tautly resterly dir coon an .wath the north vast:Iine of an it Lot 1R'and with.said.cu o the right having. a central angle qf 28 377,59"y a radius of 199..5, et, an ar.e length.o't::99.7.o feet aitd a chord bearsrig of South *`t1 �]" West; :a chord.distance o" q8: 56 xG.&t ao a. l 2 inch %r itti yellow plastic cap stamped R �.' ._sat`far comer ih he t esterly line"of said Let IR and hersg.ths end o'f said c.:aFvAbjto right; 'kEEhC3:South 76'34'29" s th the .northvesterly line of said_ Lot+;:3:R.- dictince of 61 3 f t to-a 1%2 inch:iron:rod`with.:yellow vl4sti.c cap 4tampa far corner in the northwesterly Line of rani Tot'a Ft and a beginning of a curve to the left,- TFRMCI-in a.-s'.cdth a irection_vith the northwesterly:lino of �aiII;I,ot 19- and v i Curve to the left having a central angle m Cf'b3'12'25", a•+ & 20o;50. feet, an arc lengtki=a! 11.22 feet, anl.a chord"bde ng South 14`48�17:" `West,. :a chord distance :of 11.22 ;eat tc 'a 3 Gi iron rod with yellow plastid cap stamped x R L:G:„set fG in the::northwes.terly lame of said Lot.ARI* GE,iI �� 0• t�Est, a distance of 43:45 feet to a 1/1 ineh it o 3ov plastic cap stamped R.L_G sat for corner in the-acuthe line of said State Highway. No. 26 and in the earth tart. ae of Said 19.3'823 acre tract of land and_being iri e--crti o th right. y - Mowc$<in-a nQztheasterly direr"ion with the southeaster) line of •b �saidSL'ata-Highway No. 26 and with sad"curva.to the right having ca _c"t L•ang18 of-04'31'10", sa radius of 250.00 .test, an azc laeugt5'af_15ti12 feat, a chord,:hearing `of North .5V dV3&" East, a `eh6rd -diutancn of 29.71 :feet to a 112 inch iron rod ,with' 'yellow plastic cap stamped R.L.G. set for corner in the southaasterly.line oErcaid.State HighVay,,Rb. 26, being the, end of aaid'.cuYve to the right and ;lSting tte be g vg o to the .left, 11PW(M'in 11 a.northeasterly 26 cladirection with :he :southedsterly l si' Ind :of d State iiighvay 2to. d with said"curve to the left having: a ' asiitril angia of•22`34,4 "� a radius of z5o,o0 feet; _an arc length Oxr641 as,taatr a chord' bearing or Nor`*:;i 54, Ovsio. East,: a chord. i�1rtA2:51,77 twat to a 1%2 inch:, iron rod with yellow'plastic: cet:for corner in the southeasterly line oL said. Statq-Highway Ha. 26,•-and the northwesterly line o£-said 19.i82.3 bcra tract of land:and.being the :and of said curve,to,thb%-aft tft'sr':NQrthi7'�6r3 11 t1" East, with the :Southeasterlyy line if acid rtrCtr Highway No, t6 aru! the northwesterly .line ,ot. said 19,3.923 aR� t of of land A distance .of 295;0o feet to. .The POIXT by IB3 lti and containfng.4'5,,b00 square teet o2 1 033i :acre°ot 3:and, aoLa'ar'.lesa. • Shopping Center' .......... 6ein� a t'rat of land >aut.of the W.W. WALLACE SURVEY, ABSTRACT No 1606, and being quit of the Calloway Farm Addition; .3rd Filing, to :Addition to the City of :North echiand milli, Texas filed to Yolm s.;L 4, Pfga 04-09A, Tarrant County Plat Records and Wing sort particuisrty described:as fol1orf: C"ENCIN& at a point, said point being the intersection point of the sou Oast earner of the-said tract retorded in volute 3WI25. Page at. Tarrant County Plat Racords, Tarrant C.ountr Texas, and the east ri9ht�ofway Alm:of Cagle Streit(50 foot right-ofiarQ THENCE 5:89 deg. 43 Mink 20 sac.:M; a 41 . i0.00 feet to the POINT OF x BE�19fft N6: TNEMCE S $9 deg: t3 min; :20 sec.: W. to Of 301Op left to earner; HENCE >!00 deg. 16 A4n::3S sec.. CUOMO feet to the point of curvature of a tune to the left ving del of 40 deg. iO grin: 00 sec.4. a radius of 912:77 fret-and c 20 eat, 36 tiho 3S sec. W, 6Z4.37 feet; TilENCE elcnq said curve,' are dis net:of 637.23 feet to:the point of coeoaend curvature of a;cu o left hiving delft of 30 deg. 26 tin: 55 sae.;.a radius of 496:50 . f chord of M.SS deg. 30 eie. OZ see; W. 260.1b feet; fNEACE a7on9 seid cu .....` re distance of 263.86 feet to the paint of :compound,_curvature to the left having a dolts of 90 de9. 60 Min. OO sec., a radius 2 t.and t chord of 5 64 deg. is +sin. 30 saC..:r 28.28 feat. THEMGE along s an are distance of 31.42 feat to:the point'af tangency of s u" THElItE n. 30 ire. , a distance of 468405 feet to the,00 nt of curvatu rve to the right having a deita.ofi ]O deg. 26:.in..SO a rid eet fnd.r shoed of S 54 dog.-29-win. SS sec. M..lOi.91 at. TREK i id curvai,an arc eistancf_of I11.83 fact to the polat of to i6cueve: Tli clog";. 43*in, 2Odistinct of I0.53 felt to a comer p Part 1 of 4.Faarili r� 1. 3 i1445 o5 [9 i THENCE 5 06 dRg. I9 rin. 45 sec. E; a d 11 istance of 25.00 feet to a corner; e THENCE.-S 89 tlsg. 41111h. 20 tic. `M, a distance of 1138,71 feet to 4:corner;. THEMCE.S QO.deq.I9 min. 45 sec.:E, :a dist&Hite of 816;7/ Net to 4.corner; THENCE 5 89 deg. 43 min.,20 sec. H .a distance of 50.00 feet to 4 corner; THENCE N. .OQ deg. 19 mi6, 46 sec. W,.A distance.of'816:74 feet to a corner, THENCE S:89 deg• a3 min. 20 sec, w,a distancs of 175<94 feet to the c4int of curvature:of &'curve to the iigh't having 4.de of 31 deg: 27'min. 58 sec.,.& radius of 100.00 feet.and s citord:of N 71.ddg. min: 41 sec;Af, 197.65 THENCE along said curve, an arc distance .:41 ' -t to a;0otnt on said curve; THENCE a 00 deg. 9 min. 45 sec.W,. f 32.25 feet to the poi tn of curvature of a non-tangent curve to e t ing a delta of 47 deg. 13 min 2H.sec.,_a radius of 275.50 frees an chit o1 .N 24 deg: 41 min, 08 sec.W, - 220,TO teen THENCE along said Curve, an c delta a of 227.01 fait to tht paint'of tangency oo ssATd curve; tI+ENCE N OQ deg. :24 min, 25 sec. , 'distance of 16b.18 feet to the point of curvature:of a:curve toftLe right:having_&.delta of 48 deg. 10 mtn. 55sec:, A radius of 2T5.50 feet chord of N 23 dog. 41-min. 03 tec. E; item feet: THENCE along said'cu distance of 231.58 feet to that paint of inngency T said curve; THENCE N 41 deg, 410i sec. £,:a distance of 221.23 feet to the paint of curvature of a c e t right"having a delta of 28 deg: 31 min. 59 sec., a radius of 2OD:50 et a a chard of N 62 deg. 05 min, 29 sec. E,49:16 feet; THENCE a1 rraf, ais arc distance of 100.20 feet to the point of tangency 0 Said lA THENCE:N n�in. 29 sec. E,a distance of zei,23 felt to the pant 0f curveLo. f tangent curve to the left_haviog.a delta of 28 deg. 37 min." 59 sea 1u of 194.50 feet and 4 cn0, of N 52 deg. 05 min. 29 sec. E, TH Said curve". an are distance of 99.70`ftot to the point of tangency o i 48 deg. 18 min. 21.sit. E, a distance of 53..96 feet to the"point of to of a curve to the left having-A delta of 90 deg. 00 win. 00 aec.,.a i, r4 of 20.00 feet.and.a chord of N 02 deg, 46.ein< 30 site. E, 28.28 feet; l�f Pap 2 of 4.Pagea I : ': E 144 �J {) THENCE i1am said curve, An`trc distance of 31.4Z feet to the point of ing�ency of said curve. THENCE N 42 dog.�13 ein. 3p sac. Y,.a distance of 16T.10 feet to a corner, said pan eing in the:sQuth right-of-ray line of State Highway 264; THENCE 4:47"deg.45 Rin. 30 sac..E; a distance Of-86:00 feat to a corner; ?HENCE S 42 deg, '0-min. 3d"sac. t,a distance of 16T.10 feet to the point of curvature of a curve to the left having a dolt of 90_dog, 00 min. 00 sec., a r:dids of 20.00 feet'and chord df S 87.d1g. 4in: 3O ste,.Ez 21;29 feet: THENCE along said curvo,.an arc distance 42 tQ the point of angoncy_Of said Curva; THENCE N 47 dig. 46.min 30 sac. E. a dis f 146:40 feet to the point of Curvature of a curia to the:lift hav; e f 21 dog. 40 ein. 00 sec.. a radius of:469.00 feet and a Chard of 36 min;.30 sec E.:116.30 feet; 137.33 THENCE clang said ciarva, aft, dis of}h. feet to the pdfnt of tangency of said curve; 27 THENCE M.26 deg, 06"min, 30 3t istance of 315.01 feet:to tho�aint of curvature of a curve to the.right awing a delta Of 17 deg- 26 ein. seC.; a radius of 251:00 fee a Chord:of M 34 deg. 50 Milt. 42 sac: E. 16 2s feet; THENCE along said.:tury distance of 76.65 feet to a point on said curve;. Ab 37:54 THENCE N 42 deg: fi3 ec. w, a distance of MAO feet to a corner, said point being h theast R O.it, line of State Highway 264. tNENCE"M 41�eg; nii 30 see. E,.a distance of 37l.M feet tQ a;corner; THENCE N min. 45 set. E. a distance of 72.80 feet'to a corner. sai3 po o curve,to the lift haaving a delta of 53 dig. 07*in. 48 sac„ a, S. .00 feet and a chord of S 15 deg. 34 mfn.;21 sec. E. 44.72 fe. 46c36 0 THENCE a .curve. an arc distance of 46.9? feet to the'paint f, range Qf id Curve; .; TH eg.:08 min. 15 sec. E. a distance-af 50:00 feat to-the of c a t a cure!to the right having a delta of 64 deg..10 ein, dius 210 00 feet end a chord of S 04 deg. 53 min. 3O sic. E. 224.09 e E slang said curve, in arc distance of.236.37 feet to a point of reverse cu re:of 4 curve to tha loft having.a dolts of 74 deg. 35 min. 4l1'sec., a s of.20,60 #tat and i-chord of 5.11 deg, 26 Kic.35 seC.,E. 25;60 tier, r `G 1 i 11449 �� I THENCE aterq said curve, an irt diJURCa of.27.7e foot to a point of.reverse curve re 4f a Curb# to the right havingg a delta of 31 deq. 30.aii1. .5S"sec... # r#di4t of 651.00 felt ana:a chord of 5 4I dp, 28■in. $6 sec. E, 353.58 feet; THENCE alo Laid curve. an an dfistake of 358.08 feet to the paint 00 tangency of said came, THENCE 5 25 deg. 43 skin. 30 sec.. Ei'a distance of 262.04 feet to the point oo cur!tut.of Cur.• to rht right'baying s d.ltl of Al d4a. 00 ein 00 lac.. a radius of 456.56 feet and i xfidrd of. S deg. 13 ie/n.:30 tic. E, N>-44 feet, THENCE #Tong said curve, an arc 41stam a of t to tto point:of tangency of said curve; left THENCE 5 10 deg. 16 min 30 sec. M,a d... 219:90 feet :to the yofnt.of -_ curvature:of a curve to the hav of'Fo deg. 00 00 sec., a radius of,20.00 feet and i chord o aln, 30 sec. E,,2b.2e fN* to ehe THENCE along said curve +f# delta of 31.42'fatt to the,point of reverse curvature of a curve aving ' elti a 0 dog.,26 plo. 55 see., a radius of 526.50'feet ind,a chord of S: degr 3 in. 02 sec. E, 275.52 feet; to t THENCE atonq safa Xurve on# t Act of 279.80:fitt to th:'point cf caeparrid" curvature of a curve a a delta of 40 deg", 00-Ain. 00 sa1C., i radius of 942,77 teen and # clid'd 0 deg: 16 din. 3t sec. E: 644.8g feet; THENCE airing Wd cure" fstante of 6SBAS feet to thf point of tangency ;d euwve; THENCE S 00 deq, 16ee, E. a distance of 80.00 feet to the pOINf OF BE6MINB Dhd CONTAINING 2803400 are fee!nr 56:9552 aeret`of tend.: F '0 C. Pagr. 4 od l Peaaa: a : } ' `EFffiIBIT:D ' Grading Plan f , . E r i� .Nat, 5.NI C N '� r 11 Q . A _[HillsiAli rI y t x! � 1 a 7 + h Sfi C• fi3: 4<4SUS D19403t0o COMMONWEALTH LAND TITLE ' 777 TAYLOR STR #962 .FT WORTHr :TX 761:02 _W k R N I N d-THIS IS PART OF THE OFFICI ORD:-D O N O T D S S T R O Y. I D 9 X E D T A R R _O'U N T Y T E X A S S U 2 A N.-N_E H:E S O.N -- COUNTY CLERK OFF R E C E I-P T T Qi CQ H LAND TITLE: t ,RECEIPT NO ® IS R RECD-HY PRINTED DATE TIME X94136675 T000224 02/11/94 12:-04 IN N ECD INDEXED 1TfXE 4 1 D194 WD 440211 11.44 CG p. T O T C' NTS: :01 F E E Sn 47.00 t ANX,PROVISION WHICH RESTRICTS THE SALE RENTAL:OR USE OF THE,DESCRIBED REAR, PROPERTY BECAUSE OF COLOR OR RACE IS INVRLII} AND UNENFORCEABLE UNDER,FEDBRAI,:I:AW.. (7#t1997'62 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT tthe "AgreemenO Es,r de of ihio h day of � February 19*by and between The Dunlap ComParty,- Texas, a :Nevada t corporation("Dunlait")and omp Texas corporati(W("Cox"}(Dunlapand. Cox are together called °Grantor").and GENERAL MILLS RESTAUM*NTS ACC a Florida corporation( Grantee) w RECITALS. rn A. Grantor is the;owner of certain:real p e, cat in Norlli Richland Hills; Tex8 and further described in Exhibit A attach ere( and incorporated herein.(the: "'Grantor Site B. Grantee awnsor will acquire fro ith ain real property located in;Norih fichland Hills,Texas and further descr" in. . B:attached hereto and incorporated herein-(the"GranfeeSite'), The Grantor-Site is part o center commonly known as North'HIIIs Mail,which is further described in Exhibit :a ched'hereto and°incorporated herein(the The Grantee Site is a nt to The:Center. D. -The Center is encu hat certain Operating Agreementdated juiy 1], :1918 and recorded in Valurne a ge::74S of ttte.Deed;Records of Tarrant County, Texas(which,together wi*a a nts:thereto;:i-s called the,"Op grating:Agreement"), by and among Grantor;jM91n operties,.Lid_X,an Illinois limited partnership`("lf�i8") :. (as successor in.anterest.to er totes Realty,-Inc.},:Primary Properties Ca.rporation,a f:_.. Delaware carporation CIF 's") ccessor.in:interewto rederated DeparfinentStores;fnc_); And Mervyn s,a Cap, ion("Merwn`s'). Pursuant:to the Operating Agreement, Grantor has cerkai d over the common areas-of the Center Located on portions. . of the Center w li by ilte other parties to the Operating Agreement, E: to co s on of the mutual covenants herein'.set forth,and'for other good and valuable-c: io the receipt and sufficiency of which'is hereby acknowledged, ., :<GCantorand-G tee- eby"enter_into:this-:Agreement t6.0rovide for certain:easements for the benefit of: ee Site. • AGREEMENT 1 T( RM TER EASEMENT. antto.Grantor`s rights under the Operating Agreement Grantorherebycansents drainaggrant of a non-exclusive irrevocable easement for storm water runoff and roof purposes in favor:of Grantee over portions of the-Center whichare:owned by JMB and Mervyn's., r It. ACCESS t1s1GRE5S AtVD EGRESS AND CURB CUT A; As used herein("Ring:Road"means the tirimary road whicH encircles The major buildings on the Center and:provides access fo:public_streets and rights of way. adjacent.to the:Center, Subject to:the provisions of this Agreement,Grantorhereby-grants to Grantee a n,ori-exclusiye,.irrevocable easernerit and right of way for pedestrian and vehicular traffic over and upon(but not parking on)the common parking areas,sidewalks, Walkways and roadways located an:the Grantor Site,as they;may exist from time to time (including,without'l imitation,aha[portion of the Ring-.Road located on the Grantor Site):_ Also,:pursuant to Grantor's rights under the Operating Agreement,Grantor hereby consents to the,grant of a non exc{usive irrevocable easement for'the benefit q+the Grantee Site for . .- T a Ttr :.D'nr vo 1083 V€r$kAF t3iYl�3) - ri'f11 °' f (ti<.-a a-i ti-+• ��F (,lJ $ pedestrian dnd vehicular ingress,egress,access=and parking over and across th, portion,of the,common parking areas;sidewalks, walkways and roads located from time to time::on land:at the Center owiied;bv the parties to the Operating Agreement(other than Grantor), .and to:use the Ring Road for pedestrian and vehicular ingress;ogress and-access; together with the right fo install two curb cuts'fram the Grantee.Site to the Ring Road.as depicted on:Exhibit 0;'and the right,to stripe and mark a crosswalk across the Ring Road as required by local jurisdictional authorities at the exact locations of the crosswalk and:curb cuts depicted.on Exhibit D.. B, The`curb cuts and crosswalk-contempt Section ll"are called the "imorovements" None of the Improvements shall led the Grantor'Site. I11.:RESTRICTION5 A: The easements and rights of wa descr tt in fhis.Agreemetit are called the "Easements'_The Easements shall inclu e ten(TO)days'prior written notice given by Grantee.ar its assignee to the ner(s) e.affected sites,to construct and repair 3: fmprovements on.the I asemenIs.as co mplate y'(h'is Agreement. The d§EYinents are not intended and shall not be construed a dedic n.of'the Grantor Site for,public:use and. . . the parties hereto shall take.whatever st be necessary to avoid such dedication_ B: Grantee agrees 'to and maintain :the Improvements' in good order, condition and repair,at its sole a, xpense. To the.extent that such`.Improvements cannot,as a practical matter,b o "fined,repaired or reconstructedj from the:Grantee , Site, the Easements shaltnc h right,of Grantee and its employees,.agents.`and contractors to enter upon a e ions of the common areas at the Center which are owned by the parties to th Agreement(other than Grantor)as are adjacent to the perini:eter of the Easeme are such extent, in such manner and for:so long:as it is . reasonably necess o m h said purposes;provided that'Geantee shall restore the land so used to t s o. ion:as existed immediately before such work was begun; . and provided f tfia such use by'Grantee shall inferrupf fhe business [�eing- conducted at, t nreasonably interfere.therewith.. Any work:done by Grantee y an connection vvi Eas menu shall not interfere with anywotk on.the`Grantor Site. i G. rante agrees, at.its sole cost:and:expense; at all times:to provide and mamtain grow ev utomobile parkmgspaces lot five and on&hal€(5=1I2)cars for each one thous square feet of:floor area contained in allbu'ijdings on the Grantee Site; ..as requir, ;by- on.b,7 of the Operating;Agreement: a . IV. 5 _ERVEij BY:GRANTOR: A: . TIhe:portion.of the Grantor Site which consists of an access road for ingress an etween"the public road known as State Highway 26,also knoFvrr as Grapevine Highway; is called the "Access Road". The Access Road is shown on Exhibit D., t Notwlthstandingahything in this Agreement to the contrary,Grantor reserves the right(if ;.. Grantor has or acquires such rights pursuant to the Opera ng Agreement ar any:other, agreement with any or all of the parties to°the Operating Agreement other than Grantor), >` without obtainin.g.the;consent:of Grantee;to do any or-all of the'foilowing:with respect to the Access Road;provided thatthe right of ways not unreasonably mstricte&til to relocate, expand, reduce,close, repair,repave; re-stripe,eliminate or otherwise change any of:the `improvements or facilities at or on the Access Road(but the'foregoing:shall not terminate or eliminate the Easements nor Interfere With the curb cuts installed by Grantee);,(ii)to grant : easements and,other:interests:and rights in and to portions of the Access Road to third parties;.and 6iil to constructor remove signs; landscaping and other improvements.on any , part.of the Access;Roa.d. B. Notwithstanding anything in this Agreement to the contrary,Grantor reserves the right;vAthout:obtaining:ther consent of Grantees to make=any changes or altemfions.or use whatsoever"to the portions of the Grantor Site other-than the Access Road,:including, ') 449: without limitation, the to]Iowing.:O to. relocate;expand reduce,close;repair,repave, re stripe,eliminate or otherwise change.any:of the.improvements or facilities; (ii) to grant .easements and other fnterestsand rights in and to port ion"s of theCenterto third parties;and tni)_to construct or remove signm landscaping,buildings and. other improvements.. C_ Grantor consents toahe grant:of the following eight by_►MB, Mervyn's and Foley's to Grantee: if a paved road providing:acce5s4ktween the Grantee Site and the: public road}mown as.Grapevine Highway is at any time longer maintained oroperated, Grantee shall have the.eight to maintain and op, d providing Such access a# Grantee's sole cost and expense At a location a.,, man r reasonably satistactory-to such parties: Grantee a reel to D. g comply wit lesand regulations promulgated - "~ from time to time regarding:the use of the: mmo Teas-af the Center,:and that it willnot " - Ao or permit:its tenants;employees,Ii S a 5,customers,invitees or other parties- - %. using the Easementsao do anything .ob s'or interferes'with access to or use of the. Center by any other;"parties: V. TRANSFERS: Grantee shall hot:assi otkienvise transfer_ary of ifs:rights or-okrligation5 under -` this Agreement exceptIo.a tr e frith is simultaneously acquiring fee ownership or a leasehold interest in all or a y all of the:Grantee Site. VI. INSURANCE: - n Grantee.shall, t s nse, maintain general public liability insurance..against. claims for perso I in de and property damage;arlsing.out of the.acts or omissions- of Grantee, its s,tenants,agents and employees with respect to the use of. the Easement: h. ante shall be in.the amount of not less than-$3,000,006 with. respect to:p ry'or death and not less:than $500,006 with respect to property —1a damage,an ro a that:it will not be canceled without at least:ten(101:d"ays'prior wr)tten notic or: The insurance coverage required hereunder sha)l extend to any : )lability of a an sing out of the indemnity provided herein. Grantee shall deliver a certificate insur ce to Grantor;on or before thedate of this Agreement. Grantee shalt. ;furn.ish r ificates within:ten(10)days after receipt of Grantor'swritten request. . : li: EMI ICATION- an ee shall indemnify And save Grantor,its partners,:officers,lenders,employees, ul and age from and against any andAl claims,actions,.damages,liability and expense in ° e n with the'loss of life; personal injury-or damage:to property or any of them ari out of the acts or omissions of Grantee, its:partners,officers;:tenants,agents and employees with:respect to the use of the Easements: Grantee hereby waives as against Grantor,its partners,officers,lenders,employees,and agents any and all:right of:recovery ry . . in connection'with the`loss or damage to property of Grantee:occurring in,on orabout the' Grantor Site, including:but not limited to:the Easements, resulting from:fire and perils included in.broad tow-extended coverage.'Insurance,or other casualty,unless'caused by the grossly negligent or willful acts or omissions of Grantor;:its partners,officers, lenders; emplayees,,and/or agents. VII;I. NOTICES: Any notice whic(f a party is.required or desires ko give.under ahis;Agreetnent shall be in:writing and either:personally delivered or sent by United States'certified mail;return receipt requested, or delivered by nationally recognized overnight courier service which provides a receipt addressed as follows: . Doc Nu 1007 Vni.8-K4F 13i?353 ... :3' If-to Granor: _ The Dunlap Company 200 Greenleaf Fort Worth;Texas 76107 Attention: Chairman and ttl - OO R.'Earl Cox,.III President Cahn Rrn ' 7y GS Fort Worth,T6kas 1f to Grantee:: Jtvi6 Income Pr Mes;'t X c/o INtli Retail erties 900'North:Mictri e,Suite 1300 Chicago;11 inois 606- Attention:, iio N anager and: JM m erties,Ltd.-X ..- 400 c igan-Avenue. eh. .g , t .is 60611 ,Att ion: "gal Department Either party.nia n :different address for itself by notice similarly given. 'IX: HEADING Rarag ingsareforconvenience only,andinnowaydefineor limit the scope aril content this reement or in any way affect its provisions. 7t..iNQ Ns is eement cannot be changed,rhoditied,waived or discharged oral]ekept:by w an agr nt:in writing:signed by.the.partir>s:flereto: T I ES,,.IN I UNCTM:RECIEF. in addition ito all remedies:which may be :available at law,`In equity;, in this Agreement or otherwise;. if Grantee fails to,comply with arty obligation under this -Agreement after:fifteen.(1;5) days:notice specifying.the:nature of such,failure for if such failure cannot be,cured within 15 days,if.Grantee does not commenceao cure within_15 _ days and diligently pursue such cure to completion),Grantormay(butshalinot be obligated to).peiiorm all-or any part of such obligation and dharge the reasonable costs in connection therewith to Grantee,which;Grantee shall pay forthwiff::In;the euent.of any violation-or threatened violation by any party of any of the;terms, covenants or conditions;of this Agreement, the party hereto which is benek, d by such violated or threatened term; restriction,covenant or condition sh.all:havetheright to enjoin such:violation or threatened: violation in a court of competent"jurisdiiction. nnc tie oe.vora a r'�:n 1 144,9 0'58:1 XIL SEVERABIL&-. If any term,provision or condition contained herein shall to any extent be invalid or unenforceable;jhie remainder of this Agreement(ortfte application of such.terriil:proyision of condition to::parties or circumstances other 'than those in respect of which it s:invalid or unenforceable)shall.nbf be affectedthereby,and each term,provision or condition of this - Agreement shall be:valid.and enfaraeableto the fallest'extent permitted bylaw:. XIII. SUCGESSORSi Except:as otherw se,expressly:prov ded to N seem this Agreement'shall run' with the land,bath as respects to benefits a»d`:bur s ted rein;;and shall:be binding upon and inure:fo the benefit of(fie parties h an heir respective successors and assigns',. No.other party shall be deemed to:b beneficiary hereunder. XIV..60NUNING LAW: : This Agreement:shall be corn ed in: rdartce with,and governed by,.-'the laws of the State of Texas: XV. ENTIRE AGREEMENT: This Agreement:c"6'nstittit # re understanding between the parties concerning the subject matter herein There are ,no oral promises; conditions, 5 representations,underta'ngs f any nature as c6nditions or:inducernenfs to the: :signing of this Agreemen ch effect. IN WITNESS W O t e parties have caused this Agreement to'b_e executed as of the:day and-ye�fi ove ritten. ? Tlie Du}tlap Company Tn)tas a i�leyfl corporation Title_ `! SATE: ERAS ) �'D I5TG1,� „< This day personally.appeared before nie,Gerald E.Stallard,Vice President'of the Dunlap Company -Texas; a::Nevada corporation, on.behalf of such corporation,,who acKnowfedeed that;for and nn:its behalf, he signed,sealed and delivered the foregoing Agreement an the day and year therein mentioned as its act and deedi being:first duty. authorized so to do, :Given under my hand and seal afoffirtr,the�LYday of '� 159 My Commission Expires: yr Notary public: r . Oak NO 14V V c9 KAF 14fli 4l j44 tt58 ;h�o�ix C-�pany; aTexas corporation STATE OF TEXAS �. n : COUNTY OF t�t� r" c ?" . " Tisch personally appeared.b0f0re m the of y, a Texas cor io ehalf of uch corporation, who acknowletged th,at for and.on its beh'a e/sh' ned,sealed Aiid.deiivered the foregoing Agreement on the day and year the mentio d as its act.and deed,,being first duly authorized so to do. Given under my hand a of of office,the/ :.day t JQ�sL My Commission Expires __l,t iV of 'Public r , GENERAL MILLS RESTAURANTSjNC., a Florida corporation, Y , Title: STR- COUNTY O } This day personally appeared before of General Mils Restaurants, Inc.,who acknowledged that for and on its behalt; he/she Signed;.sealed and delivered the :foregoing Agreement on the day :and year therein :mentioned as its act and"deed,being first duly authorized so to.do: Given under my hand and seal of;office;:the day.of 199 My Commission:Expires: Notary Public. .'bur Nu 1087.V48"T F34WO US8 AU-Cox&:Compatiy; a Texas corporation Title:.... v STATE OF TEXAS COUNTY OF"_.:..' This.day personally appeared:.before m the of R.E. Cox & Company; a Texas c ' do behalf of: such, corporation,. who. ' acknowledged that for and on its beh ,he/sh 'ned,sealed and delivered the foregoing, VIA Agreement on the day and- the menfi ed as:its act and deed,:being:first duty authorized so to do: Given under my hand a 1 of office,the_day of . 1993. My-Gonirhissidn Expires. ® Notary Public r -- AF GENERAL.-MILL5 REST RANTS, INC., a Ti Title: #CF`r`chi Senior vice si eni STAT SS_ COUNTY OF Lc 3 This"day personally appeared before metvfnt 1J �r11��tfie :of Milts Restaurants, #nc.,,who acknowledged.that for and on its behatf,:he%Hee signed, seaked and.delivered the. foregoing Agreement on the day and "year therein mentioned as its.ad and deed,being firstAu.1y authorized so to do.- G'iven under.my hand and:seal of office thy`! day of � I94 My Commissi Expires: Notary Public � LF9ADLMIE .. .* * MY Candu.bn 0=2739 ..._.... 'Y�7f� F�+,o�.w.Fu97 I44.9 u:Sb4 LIST OF EXHIBITS ExhibitA-Legal Description of Grantor Site Exhibit B-Legal Description of Grantee Site: c Exhi6if C.-Legal,Description of Center Exhibit D Grading Plan depicting existingsfa yr drains, roof run off, approved ovations d1 Curb cuts from Grantee Site to R approved location of crosswalk AM ,77 A O /AA7 WIB kAF IiTl91' ,7 11.449 0585 Being a tract of 1tn4 aut. of ttw 1 M. MALLAGE SUgYEY, ABSTRACT` NO. 160 6, and be:ing. oui of the Cillowy._Pare Adaltion, ird,fiting,. n Add!tion-ta owcity of Nor and Hilts, fexas filed in Volume 388-126, Page. 8g-BqA, Tarrant County Plat Records and being serer particularly described as foll*w C"ENCING st a paint, said point bunngg the Intersection point of the:earth r .g t-a -rip line of 6lenrtes Drive {54 foat right-of-xaf) and:the sett high#-af-rap tine bf Franey Drive tS0 fact righ rof=it#y!i IVENCE N 06 deg. 19 etn. :5_sec. W. t distance o 03 feet to the POW OF _. BECiAlfING; deg. 49 min. 20 Sec..Y. A alit 6e4 fyilt to i c0ner; THENCE N:00 deg. w an. a4 xec. a a ais. 3t 04 feet t6 i cCrrl�f R►ENCE N 24.4". FS Min. 49 3ie. E, a sta o 2.to feet to 4 corner;. THENCE N 34 deg. 11 sin. IF sic 4 r of 30.0a feet Ca a corner; THEOMCE N 19 dig. 11 min. 11 14 E. s d tance;0 9440 feet to a corner; THENCE N 64 dog. 11 min. 31 ice. stinEe of 14.4I fit to'a cal"N THENCE.N 19 deg. 16 min. IIIJJLem E, a'distance If 15CSO feet to i earner, THENCE M 64 deg. 15 min. a'distinct of 85,718 feet tq:a corner; THENCE 5 70 deg, 43 j}n, £: a distance of 219.02 feet:`.to 4 corner; THENCE S 25 deg. 47: eC. E a dlatako of 4.lY-fht'to a ccrnei• THEnGE N 19 deL 16 in, sec. E, a distance.of HMO feet to a earner. ?HENCE 5 70 n. IO sec. E, a distance of Z9574 feet to a corner, THENCE S 1 n. 30 see: Y..a distance of 10rI5 feet to a mriier 1 THENCE S 70_ vtlmo 10 see..E, a dittane[of 32 00 feet to a CornerAN THENCE S dy 16 On. 30 sK. Y. * distence'ot 468A feet to the Point of cur+rature a co the right harliiq A delta of 70469, 26.min. 50 sec., a radio" aed a chard of 5 S4 dfg. 29 sin. 58 sec. 1i. 104.9E feet, no /d-eurve..ae'are dscince of 311.83 fief to th* paint of,tangency e� Tie 89 deg. 43 e1n. 20:OC. N� p distend df 10.53 feet to ttw:POINT 0f CO NINC 423,858:90square feet of 9.1,304'acres of land. Ps4r i Of.1::Ptalj r . . :. - II449 u5�6 . . P.XILL$IT 8 Grantee'SLee%GeneraL Mills Restaurant.,x Inc. 841n4 a ,tract or parcel of land situated in the' City of North. Richland_ Hills, Tarrant County, Texas and being in. the w. w. MaIlaca 6<zrvay,:Abstract.Ho. 10,06, and being part of a 19.3823 acre tract--recorded.in Volume 8051; :Pa.ge,316, ,:D,eOd Records of Tarrant. Gountyj :Texass And being more Particularly desscribed-as follows. 8aQ3lWSlyd at a i?z inch iron rod with'yellow plast3e cap' stamped R.If::G. set for corner in the :south" terly `line of State. 11ighway : no'._-2A (SOp foot x ght-of-way;). being South 47'46.E 30i` nest. 501.60 1'i`i¢t"prom the ncrt.hwe. st corner of said 19,362 acre tract; .. 11YE1fC1t_South 41'1r30" East, a dfstarita of feet to a lj2 $swli iron tots xi£h_yellow plastic sag stamped- .set for Corner 3h'''the••nor-hvesterly line of Lot 1R; aj Calloway Farm Addition, 3rd 'Piling, an addition to Cit of North Richland ',S,Tlsy. as<;recoided in Volume `3sa-166, ... Used Records of : ai•rai1� Comity. Texasa SCE &olttn .48'36'2' West, with th or westerly line.ot said : Lot 17R, a .distance of 23:-96 feat 1 h iron zod with yellow plaetic cap stampead R.L•G• set `.. Zorn in the northwesterly line Of.�eaid.L_t 1R,, being the begin ng of non-tangent curve to the irra southwesterly di coon anii with''the northwest line of as Tl:I,at 11.anti with said cu o .the:right having a central angle of,•18',3.7'59*, r radius of 199 5 t _an arc Is th of 99,70 feet �3yd'a clicrd .bearing of Sou `4 30" Wiest, a chord d3atance of 96"56 feei to a ij2 inch i- n with:ye-1]otr plastic cap stamped aef':fcr:earner i westerly liar of said Zit 1R .and bei:rcJ the end of said cu' a right, 1'AaHC$ So4tti 76 24'29" as with the northwesterly line of said Lot'1RA distance o 26 3 et to a 1/2 inch iron rod'with yellow p1ostic cap'stamp t for.corner in'the northwester) line . y —s of Baid'Lot'�R a.. a iDeginning of a curve to the left. T) 21C3'in 6 soffit to direction with the hbrthvesterl )ins'-of y i. aid 3,at .11t-;-and id curve to the left haviriq a central angle 'if`�325R, a: s..,f 206.56 feet, an arc length of 1T.22 fleet;. L. chnrfl'be iing f South :74.`4 s,17" West,- a chord distance of 11` 22,feet to `a 2 ch..iron;rod with yellow plaStiC cap stamped R,L.G; set f r.in the northwesterly line of said Lot litF CE + A :30w West, a distance of d7:45 feat to a .1/Z inch it low plastic cap stamped R.L.G sat for corner in j r ths`scuthe z y line of said State Highway,No, 26 anti an the 4./ 71i5 start ne of said 1s.3923 Aare tract of lard and:'being in a�:cu right; TZ3p1C$ in a ngxtheasterly direction wttz-the southeasterly'line of said'5'fate-fii,ghvay No. 26 and with said"curve.to -the right having a=cgii�rdL•�gIB of-04-31r1o", a radius of z5a.n0._feet; an arc 1" tTi al:=yti1.72 -feet, a. chard bearing .of ,14orth 58.053.36" East, :a chdr3: distance-of _19..71. :feet to a S/2 inch. iron rod with yellow plastic-cap stamped R:L:G, set:for corner in the southeasterly: Tine of said. State`Highitay,�Ho.. 26, being the, en-d of said'-curve to `the 'rWt and being t$i bitcginninq of a euzve to the Weft; `�EYC1�'in a':norkheasterly direction, with the southeasterly line Of said S.tstn Highway No. 26 and 'With said curve to the left having a contrh7:.:angle of';12-134'4 ' a radius of 250.00 feet, an arc length pf'As-A&.faat, a•chard`:)Wearing of North 54 :03'51-0 East; _a chord dlata or 54.77 fast to a 1/2 inch iron rod with yellow plastic Cttjs istanpett R.2„G. iflt to.corner in the southeasterly line of said Snit+{-Hirgtivay No._;2d, aid the northwesterly line :oY-said 19,3823 acxa tract of land. and being the end. of. said :curve to.the`left_; ltXKW,,Horth, 47.46.30* East- with the southeasterly line of 'said Ct tr iiighvay No. 25 arid. the .northwesterly lint. of i id 19.3821 acts :tract of land :a. distance of 285.00 Peet to the PEfM Or and cantainfnq-45,000 square feet or 1.0311 acre'of Wand, as;r:vt;;1'e�ss; :�.4 4 E%flIw1v C. - ShoPPnB.CenEer . eetng a eratt at land:out of tha .r 4. ULUCE °WEY, STRACT M0: 160E..iii+a 041" oui Of the Ca1TowY Farm Addition, 3rd Ff11ng, 4n Addition to the :CttY :of wrth Richland Hills; Teas filed in Votuaa 38ti•126, Page 84.89d, Trrrfnt County Plat Records and being more Particularly described as fallout. COFltEMGiNfi At a point, said Point 6ninq the intenectian Point of:the xou oast caterer of the $aid tract recordeA Yo1um 3d8-F2d, Page 89, Tarrant GountY P7aC Records, TA" Count , at, and tm'east right-ef•Kajr tYna of cagla street::{80.faot right of Tt1ENCE 5 A9 deg. 43 +sin. Ztl. sec. N,a ' fr of 0.00 feet to this POINT OF AEEMIN6t 7NM S 89 de9..43 min,-:20 sna.M,.` of 16.06 feet to a.corner; 1MENCE 00 deg,.it aiin. 36 tec. a II Oct of'80.00 feet to the paint of curvature of a corwe to the delta of 40 dng. 00 min. 00 sec„ a .radius of 912.77 fart a chd a K 20 deg. it Mn. 33 sac. V,624.37 feet* THENCE 47ong said curia, a ance of 637.23 feet to CM taint of caaPound curvature of a_CtirYr left_haring 1,del U of 30 deg. 26>.in 55 sec., a radtus.of .50 feet and a chord of N tS deg. 30 eiea 02 W. Y; 260.,76 feet; T11ElICE.-etOng said c distance=of 261.8E.feet to the point of F7=- and curve Tire c e to the left flaring a:delta of 20 df�y. 00 min; 00 sec,.a raE fret and a chorea of S b4 day. lb■in. 30 sec. W. 28,28 fast:. THENCE along fd c d;an are distant*of 31.42 feet to the potnt of TAM MY 4 f s Cu THEM* b grin. 30-snr; .JI distance of 46l03 feet to the P01nt of t a to 04 right.Mving+ delta of 70 deq. 26 ain..So sec:; -a a ra of feat art*a chord of S Sit deg. '29 WIN 55 sac. W4. 104.91 TH a said cvrvo, an 4M distance of 111.83`feek to ate Point of LJ y C seed Gurre; deg. 43 win: ;Zd sec;H. a distance,of 10,53 feet to, Corner; ;o :Pap I of,4 Pages 4 t tt t - ;11449 �8 iItEMCE.S 00 d" it sin. 4S sec. E; a distance of 35:o0 feet to a corner; THEKE S 89 dey :43 ai6. Z0 sec.it a distance of 138.71- feat to 4 corner; THENCE S 00 40. i9 mjn.:45 tic. E."a,distance of 816.74 feet to a corner; THENCE:S 89 4e9, 43 mini Z0 set, W.:a distance of 50.00 feet Ma corner; THENCE N 00 deg, 14 min. 45 sec. N,.:a.distanca of 816.74 feet to a corner;. THENCE S 89 de;g. 43 iain: 20 Stt. W. a distend "f 17S.94 feet to the point of curvature of a-curve to the:right having a Eel f 38 deg, 27 min. 58 sec„ a r radius=of 300.06 feet and a Ehord of. N 71 in. 41 sec. K. 197:65 feet; THENCE along said curve; an art distan of 41 t to a point on said curve; "HENCE N 00 deg. 19 min. 45 sec, W. nc 32.25 feet to the potnt of curvature of a non-tangent-curve`t he r k having..a delta.af 47 a" 13 min 26 sec.,;a;radius of 275.5o f n of N 24 deg. OI ain. 08:sec. 11, 220170 feet;; THENCE along said curve, an c dist a of 227.07 feet to the point of tangency 'orsM curve; THENCE N 00 deg: 24 mi '7 sec. N,:a dfstanc! of 166.18 feet to the point of curvature of a curve to fight having a.EetU of. 48 deg. 10�ein.::55 secs- a radius of 275.50 feet and of N 23 dlg. 41 AM 03;soc= E. 224,91 feet; HENCE along sai n c d sUnce of:Z31..b8 feeL't6 the point of tangency ET Mad curve; THENCE N 47 dlo. sec. E,a distant of 221.23 fee; to the point of curvature:o a c e t he.right Raving a delta of.28 deg. 37.mih. 59 sec., a: radius of d a chord of N 62 deg. 05 min. 29 sec. E. 99.T6 feet; -THENCE i. e. in arc distance of 0o.10 feet to the point of tangency, 0'a a e. THENCE N 24 Nn. 24.set. E. a.distnc! of 261.23 feet to two:'point at curva on-tangent curve to the left having a delta of 28 deg: 31 min. 59"s .a r ius of 199.50 feet and a chord of N 52 deg. 05,mir: 25 3et_. E, 98.66: t; g sai4 turve, an.arc-distanca of 99.70 feet to Leis point"of tangency ate t rvl; E 48 deg. 18 min. 21 see. E. a distance of S3:96.foat to the point of cu tare of a curve to the left having a delta of 90 deg. 00 min. 00 tec.. a red s of 20:00 feet and a chord of,N 02 dt9. 46 ein. 30 set. E, 26.21 feet; Page 2 of 4 Pipe r r. j <r j ( 1449 0� THOU Ala nq said curve, &It arc distance of IlAtfert to the point of ngenncy of said curyl: 119Wt N 42 deg. 13 rain. 30 sec. M, 4 distance of W.id feet to a corner; "said Aobping to the South_rlgnt-af-way line of Sfiats Highrair 26-x; fiNENCE X 47 deq. 46 tin; N sec. f,a distance of 96.00 feet to a corner; YNENCE S 42 deg: 3 min: 30.See. E, Ad Istante of 167.10 feet-to the point of curvature of a curve to the left hating a.do] of 90 deg, 00 mn. 0a sec.,. a "radius of 20.00 feat and a chord.of S It d 3.Milt.-30 ssc. E, zm$ jj 'feet, THENCE along said curve, an arc distance t to tho paint:of angency of said curve;, TNENG€It 47 deg: 46 mart. 30 sec. E_:a d f 14b.40 .feet to tht point.0 Carvaturvs of a curve to the Ieft h4v of Z1 d . 40 man. 00 Ste'. a chord o 3 nin radius of 469.00 test and i , 3 sec. E 176.30 feet; 177:35 J`H!"tr 410n9 said ,curve. art C d s a of i -36 feet to the point of Eangency:of said:curve; 27I� THENCE N 26 deo. 66 min. 30 s distance of 315.01 feet to the point of curvature:of a curvet thi right wing 4.:del U of 17 deg. 2D min. sec., g radius of 251.00 fee a:chord of.N:34 deg. So mfn. 42 sec.E, 76.25 feat; tNENCE:along said cur distance;of?6,55 feet to a point on$aid. curve; O 3Z.54 NERCt N 42 deg. j see. u. a distance of 3s:i;4 feet to a corner, !n saoint bsin tfieast R;0.4. line of State Highway 26-A; TM.ENtE N 44d 30 ssc. E, a distance of 372.20 feet to a corner; THENCE. e9. in. 45 sec. E,a distance of 72Ad feet to a corner; sa p o. a.cu'vs to the Left having a delta of 53 deg. 07 min. 48 sec..a us 0.00 feet And chord of 5 15 deg. 34 min. 21.sec.I. y� 44.7x ft ?HENt :416 at4 curve, all arc distance.61 4-3 feet to the point of tango of lit curYep 29 42 deg, 9e min. 15 see. tr t distance of W606 feet to the int of a u of a curve to 04 right-having a delta of;64 deg. 29 min. sec., uI of 210:o0 feat and a chard of S 09 deg: 53 min. 30 set. E. 224:09 et, TH E along said curvei an arc distance of i36.37 feet to a point of reverse ature of a curve to the loft having a delta of 79 deg. 15 s<in.1140,see.. a, fus of 2000 feet and a chord of 117 deg. 26 min. 35 set. E,-2S60 feet,. _. Pees 3 of b Paaita; al j } i. { { { 4�4:� U,)9 G THEl4GE ,ldrg:said currei ,n art di Stance'or 27:1ta feet to a'Point,of reverse* cUFVII fe of I cultie to the right b,vtnyy a delta of 31 Eeg. 30 sin. 59 sec:, a radius of 661s00 feet and a'chord,of S 41 de .IS mini so sec. E,'Miss feet; THENCE aionq said curvct ,n arc distinet of 358.00 feet to the point of ...,..,''tangency of said curve:. THENCE 5 25 deg. 43 min; 30 sec:; E, a df ce of 282.01.'foot to the paint OT curvature:of a curve.to the right:having deia of AS deg,44.e1n. 04p sae:i a radius:of 456M feet:and a:ch. 3 deg. 13 min.30 sec. E, 349.41 feet,. THiNCE along said curve, an art ais to 0 .5$ feet to,the point of tangency,of said curve; THENCE S 19 deg. 16 e1in. 30 sec: ; s of21g.90 feet to the point of curvature of a curve to Lha, hest a dei:ta-of 90 deg. 00:mfn. 00 sec., a radius of MOO feet and ho 25.deg, 43 min. 30 Sec. E, 2ia8 fee£;. THENL€along $ ld curve arc d wo of 31.42:feet to She"Int of reverse currawre-of i curve avi de of 30 deg. 16 min. 55 sec.; , radius of S26.50 feet and a chord of g. 30irtn. 02 sic. E. 216.52 feet; to-tfa THENCE along said an are stance of 270.80 feet to thr point of tosgound curvature of a.curve a delta of 40 day, 00 rein. 00%see., a radiiis of 942.17 feet wd a 20 deg. I6*16. 35 sec. E, 644.84 fact. THENCE along�id n arc distance of 55918 feet to the poti►L of tangency c�si�d curve, - THENCE"S 00 1 35 sec..E, a distance of 80.00'feet to the POINT'bF r�. BECtAR1N&; a CQNTA .00 square feet or 56.9552 ecru of.1464. a, �xh.bra C. Page.4 of 4 Fat4a i 'tt i 1 I44 0591 Gzading.Plan j . .... ' 33 � � I "* F LI• � Or �.Y � :l. -- j j .i a•�.a.: �` • 1 t 2q I e.,#� im ! :I X�I 1 !? i '9-2 COMMONWEALTH LAND TITLE COMPANY 902 Pat G. tartt� iub `cc� r 777 T8y1or 5C"eg poetHOrth, Texas 7 W _. ef Adff i 11449 u" 5 Ak t, D194035894 COMMONWEALTH LAND TITLE 777 TAYLOR STR: 09OZ FT WORTH; TX 7610Z 'W A R N Z,'N Gl�THIS IS:PART OF THE OFFS CORD= i- O N 0 T ,a E S T R 0 Y INDEXED - - fiAR C :0-UN TY T .EXA3 S U Z A:N N E H A SON COUNTY CLERK O F R E-C E I P T T Q; C a 'PH.-LAND TITLE RECEIFT NO TEA RECD-AY PRINTED DATE .TIME 1§4136581 2 T060224 02/11/94 12:06 --G I FEECD INDEXED T1TdE 1. 'D1 9 WD 940211 12a05 CG To ... DOCUMENTS: 61 F E E S 37.60 f H Y. „ . ANY PROVISION WHICH;RESTRICTS THE SALE RENTAL.OR USE IB OF THE DESCRED :REAL PROPERTY BECAUSE OF DOLOR OR RACE IS INVALID:AND UNENFORCEABLE UDDER FEDERAL:LAW.. � l44 Ul "I r*4W NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 10, 2020 SUBJECT: Consider and approve Resolution No. 2020-005, calling the May 2, 2020 City Council Election, and authorizing the Mayor to execute a joint election agreement with Tarrant County and other political subdivisions for election services. PRESENTER: Alicia Richardson, City Secretary SUMMARY: The City Council is required by the Texas Election Code to order the city's general election of officials. Resolution No. 2020-005 orders the city's election for May 2, 2020. The resolution also authorizes the city to hold its election jointly with other Tarrant County entities, contract with Tarrant County to administer the joint election, and establishes voting locations. GENERAL DESCRIPTION: The City Secretary's Office is responsible for conducting municipal elections as prescribed by the Election Code of the State of Texas and the City of North Richland Hills' City Charter. The City Charter states that the governing body of the city shall consist of a Mayor and seven (7) Council persons who shall be elected for terms of two years. All places, including the Mayor, will be elected at large. The Mayor and Council persons in Places 2, 4, and 6 shall be elected in even-numbered years and Council persons in Place 1, 3, 5 and 7 elected in odd-numbered years. Pursuant to Section 3.004 of the Texas Election Code, the governing body of a political subdivision shall order the general election. An election may only be held on a uniform election date—first Saturday in May or the first Tuesday after the first Monday in November. In accordance with state law, Resolution No. 2020-005 orders the city's general election of officials to be held on May 2, 2020. Persons elected to offices of the Mayor and City Council Places 2, 4, and 6 shall be for a term of two years. The resolution establishes Election Day voting locations, provides for the appointment of election officials, early voting and Election Day procedures, and authorizes the Mayor to execute a joint election agreement and contract for election services with Tarrant County. "I r*4w NOLa`C`H KIC"HLAND HILLS The filing period for the 2020 general election began January 15, 2020 and concludes on February 14, 2020. Candidates will file their completed application with the City Secretary's Office during the business week between the hours of 8.00 a.m. and 5.00 p.m. Early voting will begin April 20, 2020 and continue through April 28, 2020. In the event a run-off election should be needed, the resolution sets June 13, 2020 as the run-off date, provides for early voting days and times and allows the contract with Tarrant County to be extended to the run-off election. Tarrant County has been approved to utilize vote centers on Election Day. The Tarrant County Commissioner's Court approved participation in the countywide polling place program. This allows qualified voters the ability to cast their ballot on Election Day at any polling location within Tarrant County. Previously, qualified voters were required to cast their ballot on Election Day at their preassigned polling location based on their precinct. As in previous years, the city's election will be held jointly with other Tarrant County political entities holding an election to be administered by Tarrant County. Following the filing period (February 14, 2020), Tarrant County will provide a finalized contract that includes all entities participating and holding an election. It is anticipated that the election contract will be similar to previous contracts with the county and will include the following provisions: • Tarrant County Elections Administrator, or his designee, will serve as the administrator of the joint election with each participating entity and be responsible for decisions and actions as required by law. • Early voting will be conducted jointly with all participating entities beginning on April 20, 2020 and ending on April 28, 2020 at the locations and times established by the county. North Richland Hills voters may vote early at: + Tarrant County Elections Center, 2700 Premier, Fort Worth; (Main Early Voting Location) + Dan Echols Center, 6801 Glenview Drive; + North Richland Hills Library, 9015 Grand Avenue; or + any of the other joint early voting locations within Tarrant County. • Voting will be conducted exclusively on the county's Hart InterCivic Verity Voting System. This hybrid system provides a paper trail for every voter, combined with the latest advancement in digital security. • Ballots that contain content for more than one joint participant because of overlapping territory will be arranged in the following order: Independent School District, City, Water District(s), College District and other political subdivisions. • Vote Centers on Election Day — qualified North Richland Hills voters are able to cast their ballot at any polling location within Tarrant County. • The Tarrant County Elections Administrator will release unofficial cumulative totals and precinct returns of the election as precincts report to the central and remote "I r*4w NOLa`C`H KIC"HLAND HILLS tabulating stations and the returns are tabulated. The unofficial cumulative totals and precinct returns will be released to the joint participants, candidates, press and general public by distribution of hard copies at the central counting station (2700 Premier Street, Fort Worth) and by posting to the county web site. Each participating entity will receive their election results from the county's website. • Election expenses will be allocated among the participating entities. • The Elections Administrator will be the general custodian of the voted ballots and all records of the joint election. RECOMMENDATION: Approve Resolution No. 2020-005. RESOLUTION NO. 2020-005 CALLING THE CITY GENERAL ELECTION TO BE HELD ON MAY 2, 2020 TO ELECT PERSONS TO THE OFFICE OF MAYOR AND CITY COUNCIL PLACES 2, 4, AND 6 FOR A TERM OF TWO YEARS; ESTABLISHING ELECTION DAY VOTING LOCATIONS, CANDIDATE FILING PERIOD, EARLY VOTING, RUNOFF ELECTION, METHOD OF VOTING, AND PUBLICATION AND POSTING REQUIREMENTS; AND AUTHORIZING JOINT ELECTION AGREEMENTS AND SERVICES. WHEREAS, the City of North Richland Hills, Texas ("City") is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government code; and WHEREAS, the City of North Richland Hills Charter provides that city elections shall be held in accordance with laws of the State of Texas; and WHEREAS, Section 41.001(a)(1-2) of the Texas Election Code establishes the first Saturday in May as a uniform election date for the purposes of conducting a General Election; and WHEREAS, Section 3.004(b) of the Texas Election Code provides that the governing body of a municipality shall be the authority to order a General Election for the purposes of electing members to the governing body; and WHEREAS, the City will enter into joint election agreements and contracts for general election services with Tarrant County pursuant to Texas Election Code ("Code) Sections 31.092 and 271.002. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1. That the recitals set forth above are true and correct and are hereby incorporated into and made a part of this Resolution. Section 2. General Election Called. An election is hereby called to elect persons to the office for Mayor and City Council Places 2, 4, and 6 to serve from May 2020 until May of 2022, or until their successors are duly elected and qualified. The election shall be held on May 2, 2020 between the hours of 7.00 a.m. until 7.00 p.m. Resolution No. 2020-005 Page 1 of 4 Polling locations in North Richland Hills includes: Library (Community Room) Dan Echols Center 9015 Grand Avenue 6801 Glenview Drive North Richland Hills, TX 76180 North Richland Hills, Texas 76180 Former Bursey Road Senior Center 7301 Bursey Road North Richland Hills, Texas 76180 Qualified North Richland Hills voters will also be able to cast their ballots at any countywide polling location on Election Day. Section 3. Application for Place on Ballot. Qualified persons may file as candidates by filing with the City Secretary, or her designee, between the hours of 8.00 a.m. and 5.00 p.m., Monday through Friday, beginning January 15, 2020, and ending February 14, 2020. Each application for a place on the ballot shall be accompanied by either a filing fee of One Hundred Fifty ($150.00) Dollars payable to the City, or in lieu of the filing fee, a petition seeking the candidate's name to be placed on the ballot. Such petition must be signed by at least one hundred fifty (150) qualified voters of the City. Section 4. Joint Election Agreements Approved. The Mayor is authorized to enter into joint election agreements and other contracts as necessary for election services with Tarrant County conducted under the authority of Chapter 271 of the Election Code (the "Agreements"). The election shall be conducted pursuant to the election laws of the State of Texas. Section 5. Early Voting. a. Early voting by personal appearance. Early voting by personal appearance will be held jointly with other political subdivisions in Tarrant County beginning on April 20, 2020 and will continue through April 28, 2020 at the locations established by Tarrant County on the dates and times as follows or as may be amended by Tarrant County: April 20 —April 24 8.00 a.m. to 5.00 p.m. April 25 7.00 a.m. to 7.00 p.m. April 26 11.00 a.m. to 4.00 p.m. April 27 —April 28 7.00 a.m. to 7.00 p.m. The main early voting location shall be located at: Tarrant County Elections Center 2700 Premier Street Fort Worth, Texas 76111 Resolution No. 2020-005 Page 2 of 4 Early voting locations in North Richland Hills include: Dan Echols Center North Richland Hills Library 6801 Glenview Drive Community Room North Richland Hills, TX 76180 9015 Grand Avenue North Richland Hills, TX 76180 b. Early voting by mail. Tarrant County Chief Elections Administrator, or his designee, is hereby designated as Early Voting Clerk for the city's election. The Tarrant County Chief Elections Administrator may appoint other deputy early voting clerks as necessary. Applications for early voting by mail may be delivered to the Chief Elections Administrator at the following address: Early Voting Clerk, 2700 Premier Street, Fort Worth, Texas 76111, beginning January 1, but not later than April 20, 2020 if delivered by mail. Early voting by mail ballots shall be mailed to the Chief Elections Administrator at the same address. c. Early voting by Ballot Board. Early voting, both by personal appearance and by mail, shall be canvassed by the Early Voting Ballot Board, which is hereby created. The Presiding Election Judge and Alternate Presiding Election Judge, as set forth in the Agreements, shall serve as the presiding officer and alternate presiding officers, respectively, of the Early Voting Ballot Board. The other election officers serving at the election shall serve as the other members of the Early Voting Ballot Board. Section 6. Runoff Election. In accordance with Section 2.025 of the Texas Election Code, in the event no candidate receives a majority of votes for an office, there shall be a runoff election held on June 13, 2020. The polling place on Election Day for the runoff election shall be at the same polling places as those of the original election, or as amended, and the hours of voting shall be between 7.00 a.m. and 7.00 p.m. Early voting by personal appearance shall be held at the same locations set out in Section 4 on the dates and times as follows or as may be amended by Tarrant County: June 1 — June 5 8.00 a.m. 5.00 p.m. June 6 7.00 a.m. — 7.00 p.m. June 7 11.00 a.m. —4.00 p.m. June 8 — June 9 7.00 a.m. to 7.00 p.m. Section 7. Method of Voting. Early voting by personal appearance and voting on Election Day shall be conducted exclusively on Tarrant County's Hart InterCivic Verity Voting System. All expenditures necessary for the conduct of the election, the purchase of materials therefore, and the employment of all election officials are hereby authorized, and shall be conducted in accordance with the Agreements and the Code. Resolution No. 2020-005 Page 3 of 4 Section 8. Governing Law and Qualified Voters. The election shall be held in accordance with the Constitution of the State of Texas and the Code, and all resident qualified voters of the City shall be eligible to vote at the election. Section 9. Publication and Posting of Notice of Election. Notice of the election shall be given as required by Chapter 4 of the Code. Section 10. Necessary Actions. The Mayor is authorized to execute a joint election agreement and contract for election services with Tarrant County whereby Tarrant County will provide all material, supplies and personnel to hold the election contemplated hereby, including any runoff election which may be required, and will be responsible for coordinating, supervising and administering the joint election. This resolution shall be construed with any action of the governing bodies of other Tarrant County political subdivisions providing for the conduct of a joint election as herein contemplated. The Mayor and the City Secretary of the City, in consultation with the City Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Code in carrying out and conducting the election, whether or not expressly authorized herein. PASSED AND APPROVED on this the loth day of February, 2020. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney Resolution No. 2020-005 Page 4 of 4 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 10, 2020 SUBJECT: Consider and approve Resolution No. 2020-006, calling a Bond Election to be held May 2, 2020 for the design, construction, reconstruction and rehabilitation of streets, roads, sidewalks, trails and related utility and drainage improvements in an amount not to exceed $49,875,000.00. PRESENTER: Paulette Hartman, Deputy City Manager SUMMARY: The purpose of this item is to consider a resolution calling for a special election to be held May 2, 2020 for the consideration of up to $49,875,000 in general obligation bonds to reconstruct and rehabilitate streets as recommended by the 2020 Capital Programs Advisory Committee (CPAC). The CPAC met during the months of October through February and has completed its recommendation to the Council related to street projects. The committee's recommendation is to hold an election in May of this year to seek approval from voters to issue up to $49,875,000 in bonds to fund street projects. This recommendation was reviewed and discussed with the City Council during the January 27, 2020 City Council work session and the February 10, 2020 City Council work session. GENERAL DESCRIPTION: On September 23, 2019, the City Council appointed the 2020 Capital Program Advisory Committee (CPAC) with the charge of advising the City Council on future infrastructure needs, recommendations on necessary improvements, the timing of the improvements, and whether a bond election is necessary to fund any recommended improvements. The CPAC members are all citizens of North Richland Hills who come from various backgrounds, and represent a good cross section of our community. There were 35 members from all over the city including 2 members of the Planning and Zoning Commission, and 2 members of the Parks and Recreation Board. Council Member Scott Turnage chaired the committee, and Council Member Suzy Compton served as the co- chair. The committee held its first meeting in October and met up to twice a month through February to review street project improvements. IrLp NOKTH KICHLAN HILLS The CPAC has completed its recommendation to the Council related to street projects. In general, the recommendation of the CPAC is to hold an election in May of this year to seek approval from voters to issue up to $49,875,000 in bonds to fund street projects, and that this amount can be funded over the next 5 to 10 years without increasing the tax rate. The CPAC recommendations were reviewed and discussed with the City Council during the January 27, 2020 City Council work session and also during the February 10, 2020 City Council work session. The purpose of this item is to consider a resolution calling for a special election to be held May 2, 2020 for the consideration of up to $49,875,000 in general obligation bonds for the reconstruction and rehabilitation of streets as recommended by the CPAC. RECOMMENDATION: Approve Resolution No. 2020-006. RESOLUTION NO. 2020-06 A RESOLUTION CALLING A SPECIAL ELECTION FOR THE PURPOSE OF AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS, TO BE HELD IN THE CITY OF NORTH RICHLAND HILLS, TEXAS ON MAY 2,2020; MAKING PROVISION FOR THE CONDUCT OF A BOND ELECTION; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH ELECTION. WHEREAS, the City Council (the "City Council') of the CITY OF NORTH RICHLAND HILLS, TEXAS (the "City"), located in Tarrant County, Texas (the "County"), hereby finds and determines that an election (the "Election") should be held to determine whether the City Council shall be authorized to issue general obligation bonds of the City in the amount and for the purposes hereinafter identified; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS THAT: SECTION 1. The Election shall be held in the CITY OF NORTH RICHLAND HILLS, TEXAS on May 2, 2020 ("Election Day"), which is a uniform election date under the Texas Election Code, and is not less than 78 days nor more than 90 days from the date of the adoption of this resolution (the "Resolution"), for the purpose of submitting the following proposition to the qualified voters of the City: PROPOSITION A "Shall the City Council of the City of North Richland Hills, Texas be authorized to issue and sell one or more series of general obligation bonds of the City in the aggregate principal amount of not more than $49,875,000 for the purpose of designing, acquiring, constructing, renovating, improving, upgrading, updating, and equipping City streets, roads, and intersections, and related curb, gutter, sidewalk,trail,drainage and utility infrastructure improvements,demolition,repair, and rebuilding of existing streets, completing necessary or incidental utility relocation and drainage in connection with the foregoing and the acquisition of land, easements, rights-of-way, and other real property interests necessary therefor or incidental thereto, such bonds to mature serially or otherwise (not more than 40 years from their date) in accordance with law; and any issue or series of such bonds to bear interest at such rate or rates (fixed, floating, variable or otherwise) as may be determined within the discretion of the City Council, provided that such rate of interest shall not exceed the maximum rate per annum authorized by law at the time of the issuance of any issue or series of such bonds; and shall the City Council of the City be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes, within the limitations prescribed by law, on all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity and the cost of any credit agreements executed in connection with the bonds?" 69702409.5 SECTION 2. The City Council authorizes the Mayor, the City Manager, the City Secretary, or their respective designees, to negotiate and enter into one or more joint election agreements and/or similar contracts or agreements (collectively, the "Contract")with the County, acting by and through the County Elections Administrator (the "Administrator"). The Mayor, or his designee, is hereby authorized to execute the Contract and any other necessary contract(s) and agreements,joint or otherwise, with the Administrator, or any other public entity, for the purpose of having the County furnish all or any portion of the election services and equipment needed by the City to conduct the Election. The contract document and election services provided therein shall conform to Chapter 31, Subchapter D, of the Texas Election Code and all other applicable statutes and laws. A. The City shall be divided into election precincts for this Election and the polling places designated for each election precinct are shown in Exhibit A, which is attached hereto and incorporated herein by reference as a part of this Resolution for all purposes. The election officers and maximum number of clerks for such polling places shall be determined and appointed in accordance with the provisions of the Contract. B. On Election Day, the polls shall be open from 7:00 a.m. to 7:00 p.m. C. The main location, dates and times for early voting for this Election shall be as shown in Exhibit B,which is attached hereto and incorporated herein by reference as a part hereof for all purposes. In addition,temporary branch polling places may be authorized and used for early voting as established by the Administrator. Exhibit B may be modified to include any changes to early voting designated by the Administrator and to conform to the Contract and the City Secretary is authorized to make any conforming corrections or revisions to Exhibit B. Additional early voting locations may be designated by the Administrator. Heider Garcia, Administrator, is hereby appointed early voting clerk and shall appoint and designate deputy clerks for early voting in accordance with the Contract. For purposes of processing ballots cast in early voting, the election officers for the early voting ballot board for this Election shall be appointed and designated in accordance with the provisions of the Contract. The Central Counting Station for the tabulation and counting of ballots for this election shall be located at the Tarrant County Elections Center, 2700 Premier Street, Fort Worth, Texas 76111, and the Manager, Tabulation Supervisor, [Programmer,] Presiding Judge and Alternate Presiding Judge at the Central Counting Station shall be appointed and designated in accordance with the provisions of the Contract. The Manager and Presiding Judge of the Central Counting Station may appoint clerks to serve at such Station, as provided by Section 127.006 of the Election Code SECTION 3. A voting system or systems meeting the standards and requirements of the Texas Election Code, as amended, is hereby adopted and approved for early voting by personal appearance and by mail and for Election Day voting. SECTION 4: The official ballot shall be prepared in accordance with the Texas Election Code, as amended, so as to permit voters to vote "FOR" or "AGAINST" the aforesaid measure which shall appear on the ballot substantially as follows: 69702409.5 -2- PROPOSITION A "THE ISSUANCE OF $49,875,000 OF CITY OF NORTH RICHLAND HILLS, TEXAS GENERAL OBLIGATION BONDS FOR STREETS, ROADS, SIDEWALKS, TRAILS AND RELATED UTILITY AND DRAINAGE IMPROVEMENTS, THE ACQUISITION OF REAL PROPERTY NECESSARY OR INCIDENTAL FOR SUCH PURPOSES AND THE LEVYING OF TAXES SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS WILL BE IMPOSED" SECTION 6. All resident qualified voters of the City shall be permitted to vote at the Election, and on Election Day, such voters shall vote at the designated polling places. The Election shall be held and conducted in accordance with the provisions of the Texas Election Code, Chapters 1251 and 1331 of the Texas Government Code, and as may be required by other applicable law. To the extent required by law,all materials and proceedings relating to the Election shall be printed in English, Spanish, and Vietnamese. SECTION 7. Notice of election, including a Spanish and Vietnamese translation thereof, shall be published on the same day in each of two successive weeks in a newspaper of general circulation in the City, the first of these publications to appear in such newspaper not more than 30 days, and not less than 14 days, prior to Election Day. A substantial copy of this Resolution, including a Spanish translation thereof, shall be posted (i) at City Hall not less than 21 days prior to Election Day; (ii) at three additional public places within the City not less than 21 days prior to Election Day, (iii) in a prominent location at each polling place on Election Day and during early voting, and (iv) in a prominent location on the City's internet website not less than 21 days prior to Election Day. A sample ballot shall be posted on the City's internet website not less than 21 days prior to Election Day. SECTION 8. As required by and in accordance with Section 3.009(b)(5) and(7)through (9) of the Texas Election Code, the City, as of the date of this Resolution, had outstanding an aggregate principal amount of debt equal to $130,180,00; the aggregate amount of the interest owed on such City debt obligations, through respective maturity, totaled $31,112,114.81; and the City levied an ad valorem debt service tax rate for its outstanding debt obligations of$0.237062 per $100 of taxable assessed valuation. The City estimates an ad valorem debt service tax rate of $0.237062 per $100 of taxable assessed valuation if the bonds that are subject of the Election are approved and are issued(taking into account the outstanding City bonds, the assumed issuance of previously authorized but unissued voted bonds and the bonds that are the subject of this Election, but no other future bond authorizations of the City). The bonds that are the subject of this Election shall mature serially or otherwise over a specified number of years (not more than 40 years from their date), in accordance with applicable Texas law, though the City estimates that, based on current bond market conditions, such bonds will amortize over a 20-year period from their respective date of issue. The foregoing estimated tax rate and amortization period are only estimates, provided for Texas statutory compliance, and do not serve as a cap on any City ad valorem tax rate or the amortization period for bonds that are the subject of this Election. 69702409.5 -3- SECTION 9. The City Council authorizes the Mayor, the City Manager, the City Attorney,the City Secretary, or their respective designees to make such corrections, modifications or changes to this Resolution or the Exhibits hereto that are necessary for compliance with applicable Texas or federal law or to carry out the intent of the City Council, as evidenced herein. To the extent that any duty or obligation of the City, in general, or any City official, in particular, is properly delegated to the County pursuant to the Contract, then the County's carrying out those duties and obligations on the City's behalf pursuant to the terms of such Contract shall be binding upon the City and are hereby determined by the City Council to be evidence of the City's compliance with the provisions of applicable Texas law concerning the Election relative to the same, unless such delegation of duties or obligations is otherwise prohibited by law. By incorporating all essential terms necessary for a joint election agreement, this Resolution is intended to satisfy Section 271.002(d) of the Texas Election Code, as amended, without further action of the City Council. To the extent needed or desirable,the Administrator is hereby appointed joint custodian of voted ballots for the purposes of Section 31.096, as amended, Texas Election Code. SECTION 10. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time,place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 13. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid,the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and this City Council hereby declares that this Resolution would have been enacted without such invalid provision. [The remainder of this page intentionally left blank] 69702409.5 -4- PASSED AND APPROVED on the loth day of February, 2020. CITY OF NORTH RICHLAND HILLS, TEXAS Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary (CITY SEAL) APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney [Signature Page to City of North Richland Hills, Texas Resolution Calling a Bond Election] 69702409.5 -5- Exhibit A ELECTION DAY PRECINCTS AND POLLING PLACES* Precinct Location Address 3041, 3177, North Richland Hills Public 9015 Grand Avenue 3214, 3324, Library Community Room North Richland Hills, Texas 76180 3333, 3364, 3575, 3664, and 3665 3140, 3215, Dan Echols Center 6801 Glenview Drive 3289, 3326, North Richland Hills, Texas 76180 4620, and 4629 3049, 3063, Former Bursey Road Senior 7301 Bursey Road 3177. 3209, Center North Richland Hills, Texas 76180 3367, 3387, 3447, 3507, 3527, and 3584 [* Tarrant County participates in the Countywide Polling Place program under Section 43.007 of the Texas Election Code. Registered voters will be able to cast their Election Day ballots at any of the Vote Centers identified above or on the County's website: www.tarrantcounty.com/en/elections] [The remainder of this page intentionally left blank.] 69702409.5 A-1 Exhibit B EARLY VOTING FOR MAY 2, 2020 CITY OF NORTH RICHLAND HILLS BOND ELECTION Early voting begins Monday, April 20, 2020 and ends on Tuesday, April 28, 2020. Main Early Voting Polling Place, Dates, and Times Tarrant County Elections Center 2700 Premier Street Fort Worth, Texas 76111 North Richland Hills Early Voting Polling Places, Dates and Times NRH Public Library (Community Room) Dan Echols Center 9015 Grand Avenue 6801 Glenview Drive North Richland Hills, TX 76180 North Richland Hills, TX 76180 Dates" Times" April 20 —April 24 8:00 a.m. to 5:00 p.m. April 25 7:00 a.m. to 7:00 p.m. April 26 11:00 a.m. to 4:00 p.m. April 27 —April 28 7:00 a.m. to 7:00 p.m. Early Voting by Mail Applications for voting by mail should be received no later than the close of business (5:00 p.m.) on Monday, April 20, 2020. Applications shall be sent to: Heider Garcia 2700 Premier Street Fort Worth, Texas 76111 fax: 817-850-2344 email: votebymail@tarrantcounty.com If an application for ballot by mail is faxed or emailed(or if a federal postcard application is faxed), the applicant must also mail the original application so that the early voting clerk receives the original no later than four business days after receiving the emailed or faxed copy. ** The listed dates and times are subject to change at the discretion of the Administrator. 69702409.5 B-1 "I r*4W NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 10, 2020 SUBJECT: Announcements PRESENTER: GENERAL DESCRIPTION: At each City Council meeting a member of the governing body announces upcoming events and recognizes an employee who exemplifies our core values. Announcements: In celebration of Valentine's Day, the Animal Adoption & Rescue Center is offering a pet adoption special during the month of February. The adoption fee is reduced to only $20 and if you donate a 40-pound bag of premium dog or cat food the adoption fee will be waived. Visit the center at 7301 Iron Horse Boulevard and discover the unconditional love of a shelter pet. Volunteers from AARP are assisting residents with their federal income tax returns each Monday and Thursday through April 13 at the NRH Library. This free service is available to taxpayers of all ages. To make an appointment or get more information, please call the Library at 817-427-6814. Kudos Korner: Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize: Craig Hulse and Elizabeth Copeland in the Economic Development Department — A citizen posted praise online for the support Craig and Elizabeth provided to a recent entrepreneur education workshop. She said their partnership and contributions were invaluable and she greatly appreciates the support the Economic Development Department provides to small business owners.