SUPPLEMENTAL AGREEMENT NO. 3 to CITY/DART MASTER

Transcription

SUPPLEMENTAL AGREEMENT NO. 3 to
CITY/DART MASTER INTERLOCAL AGREEMENT
UNION STATION DESIGN/CONSTRUCTION
STATE OF TEXAS
)
COUNTY OF DALLAS
)
_
......
)
This
Interlocal
Supplemental
Agreement
Agreement
No.
(Agreement),
3
to
dated
that
certain
February
28,
Master
1990,
and
subsequently amended by Supplement Agreements 1,2, and 2A, is made
by and between the City of Dallas
(the City) , a Texas home rule
municipal
Area
corporation,
and
Dallas
Rapid
Transit
(DART),
a
regional transportation authority created and existing pursuant to
Article 1118y, as amended, Texas Revised Civil Statutes.
W I T N E S S E T H :
WHEREAS, on August 13, 1983, DART was created
transportation
authority
for
the
purposes
of
as a regional
providing
public
transportation and general transportation services within the DART
service area;
and
WHEREAS, the
City's
City recognizes that the
population
and
reduction
of
traffic
transportation
are
in
fact
purposes of the City and for the benefit of its citizens;
WHEREAS, pursuant to DART's enabling
adopted
policies,
Council
adopted
the
City
policies,
Charter,
the
City
legislation,
City
of
as
public
and
DART Board
Ordinances,
Dallas,
of the
and
one
municipalities within the DART service area, has a defined
City
of
the
review
and approval role with respect to (1) the development of a public
USTA-SA3/051193 - Page 1 of 12
transportation
system
within
the
City,
(2) the use
of
property
within the City, and (3) the effect of transportation development.on
public and private land uses;
WHEREAS,
effective
DART
public
and
the
transit
and
City
system
share
to
be
a
common
developed
desire
as
for
an
quickly
as
possible, recognizing that early and continuous joint involvement in
the development process is a necessary step toward that goal;
WHEREAS, pursuant to City Council Resolution
89-3272
and
adopted
October 11, 1989, the City approved DART's system plan as adopted by
the DART Board on June 27, 1989 and revised in July 1989;
and
WHEREAS, the City Council approval of the DART system plan was
contingent on the completion and approval of a binding
interlocal
agreement between DART and the City which was thereafter executed on
February 28, 1990 pursuant to City Council Resolution 90-0810 and
DART Board Resolution 90-0036; and
WHEREAS, the Supplemental Agreement No, 2 to
Design and Construction, does not affect RAILTRAN
nothing
contained
in
Supplemental
Agreement
No.
the Agreement:
properties
2
and
applies
to
RAILTRAN property; and
WHEREAS,
Supplemental
DART
and
Agreement
Design/Construction
the
No.
3
project
City
for
desire
the
to
Union
(Station),
in
enter
into
this
Station
Light
Rail
accordance
with
Supplemental Agreement No. 2 to the Agreement, incorporating
conditions
of
approval
and
describing
the
cooperative
the
working
relationships and the respective duties and responsibilities of DART
and the City;
NOW, THEREFORE, for and in consideration of the mutual terms,
conditions and covenants contained herein, the City and DART agree
as follows.:
I.
Responsibilities
All parties to this Supplemental. Agreement No* 3 are to abide
by requirements indicated in the Agreement and all supplements when
not in conflict with requirements herein*
II.
DART Responsibilities
1.
The station and station area as more fully described
herein
shall be modified and/or constructed by DART in accordance with
the
plans
attached
hereto
and
incorporated
herein
as
(Attachment A and Attachment B) at no cost to the City, on a
transportation facility easement, in the form shown on Exhibit
I, and
on a non-exclusive
permanent
transportation
facility
easement in the form shown on Exhibit II, both to be furnished
by the City across the tracts of land described in Exhibits W
and X, such modifications and/or construction to include all of
the following:
A.
Two
(2) light rail transit
(LRT) side platforms, one of
which is to be shared with future commuter rail service,
in accordance with Attachments A and B.
B.
A canopy to cover one-third
of each
LRT platform,
(1/3) of the platform length
in accordance with
Attachment A.
The canopy configuration shall be similar to those used in
the CBD Transitway Mall, as defined in the Agreement.
C.
Amenities,
seating,
including but not limited
ticket
landscaping,
provided
vending
machines,
etc., associated with
to, wind screens,,
public
the
telephones,
station will
be
in accordance with DART's prototypical and
CBD
Transitway Mall station requirements, as set forth in the
Agreement, as supplemented.
material,
applicable
as
The quality of the finishing
shown
on Attachments
A
and
B,
shall be as indicated in pages 16 through 19 of the DART
Art & Design Handbook, in accordance with Attachment C.
D.
Railroad track and other modifications "needed to support
the
integration
of
DART
light
rail
and
commuter
rail
services with AMTRAK inter-city services and other uses of
the
Union
include
Station
two
facility.
(2) tracks
Such
modifications
for exclusive
shall
DART LRT use
and
three (3) tracks for use by AMTRAK and commuter rail, with
commuter rail having preferential access to Track No. 9,
in accordance with Attachment B.
E.
DART shall construct two stairways and one common elevator
located on the east platform to access the LRT platforms
from the
existing underground
passageway,
in
accordance
with Attachment A.
F.
DART shall modify and reconstruct the Union Station site,
including
the
existing
parking
area,
to
accommodate
rail/bus/automobile
interface requirements
with Attachment A-
in
accordance
This site layout provides
for bus
loading/unloading at curbside on Houston Street requiring
a
special
signal
phase
left
turn
movement
onto
Young
of
Union
Street and bus lane delineation treatment.
G.
DART
shall
relocate
and
rebuild
the
Station area used by AMTRAK station
Attachment A.
The new station shall
portion
in accordance
with
provide one platform
between Track No. 10 (relocated) and Track No. 11; access
to the existing underground passageway via
one
elevator
and one stairway; and canopies to match those of the LRT
station.
H.
DART shall provide for replacement in kind of water and
electrical hook-ups, comparable to that now existing, to
service tracks Nos. 10 and 11, at the south end of the
AMTRAK station
I.
DART
shall
area.
relocate
the
existing
AMTRAK
baggage
cart
crossings to conform with the redesigned parking layout,
as shown on Attachment A.
J.
DART
shall widen
and
reconfigure
the Reunion* Boulevard
bridges as required by the revised track alignment with
similar
bridges,
aesthetic
characteristics
including
communication
relocation
facilities
track alignment.
made
of
to
those
existing
necessary
by
of
existing
utility
the
and
revised
K.
In addition to the responsibilities contained in ARTICLE
I, DART shall be responsible for any damage to the City , s
existing
facilities
and/or
structures,
including
the
pedestrian tunnel, that are caused or attributed to DART's
construction to be completed under this agreement.
In addition to the preceding modifications and/of" construction
responsibilities, DART shall also be responsible for all of the
following:
A-
DART
shall
pay
the
City
of
Dallas
$18,000
per
year
adjusted annually to reflect upward changes from the base
year ending one year from the execution of this agreement
in the consumer price
index, "CPI-W11,* or any
successor
index mutually agreed to by City and DART, however, in no
event less than $18,000 per year as consideration for loss
of parking.
B.
DART shall maintain a minimum of 75 usable parking spaces
during the construction of the station facilities to serve
the existing Union Station building, except when specific
construction of the parking area may require
additional
reduction of spaces for limited amounts of time.
It is
anticipated
shall
that not
always be availble-
less than
fifty
(50) spaces
The parking area will not be used as
a construction storage yard by DART's contrator.
C.
DART shall coordinate and schedule construction so as to
minimize, conflicts with tenants, conferences, meetings and
other activities normally occurring by temporary lease of
building space, access from Hyatt Regency * Hotel via the
underground
passageway
and
other
current
building
activities; AMTRAK train operations and accessibility by
patrons and luggage distribution vehicles, as well as any
other
activities-
requiring..
.. coordination
.during
construction•
D.
DART shall recognize that the City, as an owner within the
Right-of-Way
District
is
retaining,
at
no
cost
to
the
City, access across the area described in Exhibit Y for
the public, for public transportation purposes, and
for
the operation and maintenance of AMTRAK.and commuter rail
facilities.
E.
DART
acknowledges
that
its bus
and
light
rail
system
patrons will be entering and traversing the Union Station
building
and
pedestrianway
platforms,
and
surrounding
tunnel
property,
connecting
because
of
such
including
the
transit
activity,
the
station
DART
shall
reimburse the City of Dallas the amount of $24,330 per
year adjusted annually to reflect upward changes from the
base
year
agreement
ending
one year
from
in the
consumer
price
the
execution -of
index,
CPI-W,
or
this
any
succesor index mutually agreed to by the City and DART,
however in no event less than $24,330 per year for normal
utilities
and
maintenance
expenses
related
to
the
accessibility and general use of these areas by DART, its
j>
contractors and patrons.
Nothing in this provision shall
limit the City from demanding other cost reimbursements or
payments
from
DART
for
maintenance
expenses
identifiable
occurrence
extraordinary
resulting
from
or use by
a
DART's
utility
and
specific
and
patrons, that
results in an increase in the City's normal utility and
maintenance
costs
in
these
areas,
which,
if
properly
identified, DART shall promptly pay.
F.
DART shall provide security personnel to supplement City
security forces during rail transit operations at Union
Station,
including
the
areas
of
the
DART
station
platforms, the pedestrian tunnel connecting Union Station
building
to
the
platform
areas,
and
the
surrounding
parking areas of Union Station in accordance with DART's
system-wide
normal
standards.
security
as
DART further agrees to increase
needed
in these
areas
when
special
events at Reunion Arena are anticipated to increase normal
transit patronage at Union Station.
G.
DART shall maintain the LRT station platforms, canopies,
station
amenities,
immediately
adjacent
elevator,
to
the
stairs,
LRT
and
landscaping
platforms
and
features associated with the LRT prototypical
other
stations.
This maintenance is to be performed in accordance with the
Agreement between the City and DART and the provisions of
all
applicable
proposed
supplemental
operations
and
agreements,
maintenance
including
amendment
to
the
the
Agreement.
H.
DART shall promptly pay any assessments or charges made
against
the
City
by
the
Right-of-Way
District
or
its
successors as a result of DART operations, installations,
improvements
or
betterments
within
the
Right-of-Way
District.
III.
City Responsibilities
The
City
shall
grant
to
DART,
at
no
cost
to
DART,
the
following:
A.
A permanent non-exclusive transportation facility easement
in the form of Exhibit I providing
of the LRT station east platform,
for the construction
the reconfiguration of
the track layout, the operation of the light rail system
and the maintenance of the light rail system, in the area
described
B.
by metes and bounds in Exhibit W.
A non-exclusive permanent easement in the form of Exhibit
II providing for the construction of the LRT station west
platform,
the reconfiguration
of the track
layout, the
operation of the Light Rail System, and the operation of
commuter rail system, and the maintenance of the LRT west
platform,
in the area described by metes and bounds in
Exhibit X.
C.
A right-of -entry permit
form of Exhibit
III to
permit reconstruction of the existing facilities
in the
in the
area described by metes and bounds in Exhibit Z.
D.
A
public
access
easement
in
the
form
of
Exhibit
IV
^permitting public access to the rail station across and
through the area described by metes and bounds in Exhibit
Z.
IV.
Duration of Agreement
The term of this agreement shall commence on the date of its
execution, and will terminate upon mutual consent of both parties;
provided,
however,
that
the
indemnification
provisions
in
the
Agreement shall survive termination of this agreement,
V.
Conflict of Interest
No officer
or
employee
of
DART or the
City
shall have any
financial interest, direct or indirect, in this agreement or in the
purchase, sale or lease of any land, materials, services, supplies,
or equipment used in the performance of this agreement.
VI.
Default
In the event that either party shall deem the other party to
have failed to comply with any of the provisions in this agreement
and that such party
is in default, notice shall be given to the
defaulting party specifically setting out the reasons for the belief
that such party is in default.
In the event that the defaulting
party fails to correct such default within thirty (3 0) days of such
notice, the non-defaulting party may, at its option, in addition to
USTA-SA3/051193 - Page 10 of 12
any other remedies available to the non-defaulting party at law or
in equity, terminate the agreement by giving written notice to the
defaulting party of such termination•
VII.
Single Agreement
All other terms, provisions, conditions and obligations. of .the
Agreement, as previously supplemented, shall remain in full force
and effect, and the Agreement, as previously supplemented, and this
Supplemental Agreement No- 3 shall be construed together as a single
contractual agreement.
This Supplemental Agreement No. 3 is subject
to all existing agreements, contracts, deeds, and leases, including
the Master Agreement among the City and Hunt Investment Corporation,
Woodbine Development Corporation and Ray L. Hunt, dated April 29,
1975; the Lease between National Railroad Passenger Corporation and
the City, dated December 3, 1986; the Lease Agreement between the
City and Hunt Investment Corporation, dated January 24, 1978; and
the
Lease
Investment
Agreement
Agreement
(Air
Corporation,
between
City
Rights)
dated
and
between
April
the
24,
the
City
1975,
the
Missouri-Kansas-Texas
and
Hunt
Operating
Railroad
Company, including the Right-of-Way District Agreement, and the deed
to the City from the Union Terminal Company et al, dated May 22,
* 1973.
It is the intention of the City to amend the lease between
National Railroad Passenger Corporation and the City to accommodate
DART
undertakings
pursuant
to
this
Agreement,
It
is
the
understanding of the parties that this Supplemental Agreement No. 3
does not intend to, nor does it convey to DART any rights owned
jointly by the cities of Dallas and Fort Worth.
USTA-SA3/051193 - Page 11 of 12
VIII.
Exhibits
Exhibits I, II, III, IV, W, X and Z and Attachments A, B, and C
are all attached hereto and made a part of this agreement for all
pertinent purposes,
IX.
Successors and Assigns
The Agreement shall be binding upon and inure to the benefits of
the parties hereto and their respective successors and assigns.
EXECUTED
this
the
14th
day
of
April
1993,
pursuant to the authority of DART Resolution No. 930043, adopted
February 23, 1993, and City Council Resolution No. 931349, adopted
April 14, 1993.
APPROVED AS TO FORM:
Sam A. Lindsay, City Attorney
CITY OF DALLAS
Jan H a r t , C i t y Manager
By:l, $ 7,(7. >
By:
/Assistant City
Attorney!^
By
;JoftfiC UT.T Hoeft
J-UA^-
(f
General Counsel
USTA-SA3/051193 - Page 12 of 12
DALLAS AREA RAPID TRANSIT
By:.
CU&»d&J<
Victor H. Burke
General Manager
.
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Design
Opportunities
OA<
Af*r
i CeS/tfAs/
By the nalure of a prototypical station concept, some
features, materials, and colors will be consistent throughout
the DART light rail system. Reasons for standardization
include economy, procurement, safety, or provision of an
inherent light rail identity. Within the framework of the
prototypical station, many opportunities for selections of
materials and colors remain for the Seclion Design Team.
System-wide, standardized materials and colors have been
minimized to provide the Section Design Team flexibility
and variability in their station design.
H&M&&00/C.
For system-wide recognition, the porcelain enamel signband
connected to the column capitals will be a uniform ddign
and color. The graphics, white in color to contrast with the
background of the signband, will be consistent throughout
the light rail system.
*
Column Cladding - J o reflect community context, a wide..
1
range of materials is available to the Seclion Design Team
material for the canopies will be a standing seam metal roof
for column cladding. These materials include:
• Brick with a limited amount of cast stone
• Glazed ceramic tile . • Cement plaster (stucco)
• Painted metal
similar to that at the existing DART Transit Center in
• Structural glazed masonry unit
Richardson. For neighborhood context and station-to-
• Glass fiber reinforced concrete
Canopy - For the prototypical station design, the roof
Ttation var i abl 1 i tyVtHeand Section Design Team with the
^•Precast concrete]''
community committee will be able to select a roof color from
.•Brick
a DARt approved palette based on standard manufacturers'
colors. The underside of the roof will be an exposed metal
deck available in off white/light gray colors.
;
K
E
I
ft
ft
1
^
., _
_
Materials which are not permitted for column cladding are
listed in the DART Design Criteria Manual and Include wood,
wood siding and shingles, and plastic laminates.
K
K
K
M
Curved steel trusses spanning the tracks, a steel edge band,
and column capitals support the roof assembly above the
columns. Although the designs of these elements are
K
standardized for all prototypical stations and thus not
K
available for modification, the color selections are open to
the Seclion Design Team. The Section Design Team must
K
exercise care in selecting colors compatible with the roof.
M
The recommendation that the trusses, edge band, column
capitals, and canopy light fixtures be a uniform color which
'M
contrasts with the metal deck color should be considered by
m
the design team.
16
i
1
I
firrACMMewrlc (Ft)
Column
C In d d In g
I HP k with C:ist Slone
1 Brick with Gist Stone
i Brick
•i (Hazed Ceramic Tile
5 Cement Plxtster
() Painted
' Simcuual Glazed MasonryUnit
3 (IIass Fiber Reinforced Concrete
l
) Preciisi Concrete
Design opportunities continued
;•;••
Platform - Used in conjunction with the column cladding,
the platform paving materials provide additional opportunities for design input Paving materials available to the .
Section Design Team include:
• Brick pavers
• Exposed aggregate concrete
• Interlocking pavers
• Modular concrete pavers
• Combinations of brick and concrete
• Combinations of pavers and concrete
* Broom finish concrete is not an acceptable finish paving
material.
The Section Design Team must select the finish paving to
- —-
- . •--contrast- in texture and color with the system.wide precast
Special Use Platform - The special use platforms at the
forward end of each platform are available to the Section
Design Team for cladding and paving according to the
criteria established above for "Column Cladding" and
"Platform".
The shape and dimensions of the special use platform and its
handrails and windscreens are not available to the Section
Design Team for modification.
Trackway Fence - To discourage passengers from
attempting to cross the tracks except at the designated
crosswalks, a continuous fence will be located down the
center of the trackway. As the design of the fence is standard
for all stations, the color of the fence is open to the Section
"Design Team:-'
-— — — •
concrete warning strip. Additionally, the Section Design
—
'
-
Team should be aware that the prototypical station platform .
The Section Design Team is encouraged to use the same
is based on a five foot by five foot planning module.
color for the fence as is selected for the canopies' steel
trusses.
18
Arr^c//M£/vr c -cpa)
I
I
]
PlMlfor m
P a v i n g
I
a
a
a
1 Brick
2 Brick wilh Concrete
3 Exposed Aggregate Concrete
a
•i Interlocking Pavers
5 Interlocking Pavers
a
9 Modular Concrele Pavers
ATTAc://MeA/r c (P+-)
THE STATE OF TEXAS }
}
COUNTY OF DALLAS
}
KNOW ALL MEN BY THESE PRESENTS:
TRANSPORTATION FACILITY EASEMENT
THAT, WHEREAS, DALLAS AREA RAPID TRANSIT, a regional
public
transportation
authority created pursuant
to VATCS Article
1118y
("DART") , is responsible for the preparation and implementation of a
regional public transportation system within the City of Dallas and
multiple surrounding political jurisdictions; and
WHEREAS, as one of the elements of its public transportation plan,
DART has designed and is preparing to commence construction of a light
rail system
that will eventually connect the Dallas central business
district with other parts of the City of Dallas, as well as many other
cities within the DART area of responsibility; and
WHEREAS, one section of the light rail system will include an
interface with Amtrak and commuter rail service at the Union Station Site
in the central business district, (the "Station"); and
WHEREAS, DART and the City have agreed that DART shall construct
certain facility improvements at the Station on land to be furnished by
the City; and
WHEREAS, the land to be furnished by the City shall be by easement
rather than by conveyance of the fee; NOW, THEREFORE,
W I T N E S S E T H :
THAT the CITY OF DALLAS, a Texas municipal corporation situated in
Dallas County, Texas, ("Grantor"), acting herein in accordance with
Resolution No- 93-1349, approved on the 14th day of April, 1993 for and
in consideration of the sum of Ten and No/100 Dollars
($10.00) in hand
paid by the Grantee hereafter named, receipt and sufficiency of which is
hereby acknowledged and confessed, and for which no lien is retained or
shall exist, and other good and valuable consideration described in the
Supplemental Agreement No. 3 to CITY/DART Master Interlocal Agreement,
Union Station Design/Construction, of even date herewith,
has GRANTED,
SOLD and CONVEYED, and by these presents does hereby GRANT, SELL and
CONVEY,
subject
to
the
conditions,
reservations
and
exceptions
hereinafter made and with the restrictions below stated, unto DALLAS AREA
RAPID TRANSIT, a regional transportation authority created and existing
pursuant to VATCS Article 1118y, as amended ("Grantee"), whose address is
P.O. Box 660163 Dallas, Texas 75266, a non-exclusive permanent EASEMENT
FOR TRANSPORTATION FACILITIES (the "Easement") over, upon and across the
Station Rev. 3-19-93
Page
EXHIBIT I
following described real property situated in the City of Dallas, Dallas
:ounty, Texas, to-wit:
73,043 square feet of land out of the John N.
Bryan Survey, Abstract No. 149, being more
particularly described by metes and bounds in
Exhibit "W" attached hereto and
incorporated
herein for all pertinent purposes
The Easement shall be used only for the construction, operation and
maintenance by Grantee of a station site, including reconfiguration of
the track layout, construction of the LRT station East platform,
landscaping adjacent to adjoining properties, together with access
for
the public as a part of a mass transit system for public transportation
uses (together "Transit Facilities11) .
This non-exclusive conveyance is made and accepted subject to: (1)
all existing easements, restrictions, reservations and lease agreements
of record in the Real Property Records of Dallas County Texas affecting
the property from which the Easement is conveyed; (2) the terms and
conditions of the Master Interlocal Agreement between Grantor and
Grantee, dated February 28, 199 0, and all supplements thereto which may
be executed by the parties from time to time; (3)
the lease between
Grantor and the National Railroad Passenger Corporation; (4)
the
Operating Agreement
between
Grantor
and
the
Railroad Company; (5) the Agreement between the Grantor and the City of
Fort Worth concerning ownership and operation of Railtran; (6) the
Development Agreement and subsequent agreements and easements between
Grantor and Woodbine Development Company; (7) Southern Pacific Railroad
restrictions, including Right-of-Way District Agreement; and (8) the deed
to Grantor from the Union Terminal Company et al, dated May 22, 1973.
By its acceptance of this conveyance, evidenced by its recording in
the .Real Property Records of Dallas County, Texas, Grantee further
covenants and agrees as follows:
1. To use the Easement and its Transit Facilities
in accordance with all federal, state and local
safety laws, rules and regulations applicable to
the construction, maintenance and operation of
public transit facilities.
2.
To comply with all applicable laws, rules,
regulations
and
orders,
including
without
limitation, those relating to health, safety,
noise, environmental protection, waste disposal
and water
and
air
quality
and
to
furnish
Page 2
reasonably
satisfactory
evidence
of
such
compliance
upon
Grantor's
request;
PROVIDED,
HOWEVER, that in the event of any
discharge,
leakage, spillage, emission or pollution of any
type from the Easement by Grantee, Grantee shall
promptly, at its expense, clean up the spillage to
the reasonable satisfaction of Grantor and any
other governmental authority having jurisdiction
thereof.
3. To keep the Easement and Grantor's remaining
property free from waste by reason of Grantee's
operations and Transit Facilities.
4.
To bear the entire cost of installing,
operating and maintaining its Transit Facilities
within the Easement.
5. That all work on Transit Facilities within the
Easement shall be carried out in a good and
workmanlike manner.
6.
To comply with all federal, state and local
laws, rules and regulations in Grantee's use and
operations within this Easement.
7. To fully pay for all labor and material used
in, on or about the herein described property so
that no mechanic's or materialmen's lien of any
nature shall be affixed against said property.
8.
That all rail, ties and station
shall be considered fixtures.
platforms
Each of the aforesaid covenants 1 through 8 may be enforced by
Grantor by any equitable means, and Grantor may enter upon the herein
described property at any time following reasonable notice to inspect and
ascertain that Grantee is observing and is in compliance with each and
all of the terms hereof.
In the event Grantee should fail to observe or perform any of the
terms and provisions of this Easement, or in the event Grantee should
abandon the Easement as an easement for Transit Facilities, and such
failure or abandonment shall continue for more than sixty (60) days after
written notice thereof has been delivered to Grantee by Grantor, then
Grantor shall have the right to reenter and take possession of the
'Easement; PROVIDED, HOWEVER, that if Grantee diligently commences to cure
such noncompliance and diligently proceeds to cure same after receipt of
such notice, even if the cure period should extend beyond the sixty (60)
day period, such reentry right shall be extinguished, without prejudice
ation Rev. 3-19-93
Page 3
to the giving by Grantor of future notices
subsequent action or inaction by Grantee.
of default
by reason
of
THIS EASEMENT IS GRANTED "AS IS", WITH ALL FAULTS AND WITHOUT
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
The rights granted hereunder shall not be conveyed or assigned to
a non-governmental or quasi-governmental entity,
nor for any use other
than mass transit purposes, without the prior written consent of the
Grantor.
TO HAVE AND TO HOLD the Easement and all appurtenances herein set
forth, subject to the matters herein set forth, together with all and
singular the rights, privileges and benefits unto the said Grantee, its
successors and assigns forever, but without any warranty of title, and
all warranties that might arise by common law and the warranties in
Section 5.023 of the Texas Property Code (or its successor) are excluded.
EXECUTED at Dallas, Texas this
day of
1993.
SAM A. LINDSAY, City Attorney
CITY OF DALLAS
JAN HART, City Manager
By:
Assistant City Attorney
By:^
By:_
John T. Hoeft
General Counsel
By:_
VICTOR H. BURKE
General Manager
THE STATE OF TEXAS
COUNTY OF DALLAS
The foregoing instrument was acknowledged before me on the
day of
, 1993 by
Assistant City Manager of
the City of Dallas, a municipal corporation, on behalf of said
municipal corporation.
Notary Public, The State of Texas
Printed Name:
My Commission Expires:
Page <
THE STATE OF TEXAS
COUNTY OF DALLAS
day of
, 1993, by VICTOR H. BURKE, General Manager of
DALLAS AREA RAPID TRANSIT, a regional transportation authority, on
behalf of said authority.
Printed Name:
r^ T3ov . 1-1 9 - 9 3
Page 5
EXHIBIT W
DART PARCEL NO, OC1-11
CITY OF DALLAS, COUNTY OF DALLAS, TEXAS
JOHN N. BRYAN SURVEY, ABSTRACT NO. 149
BEING a 73,043 square foot tract of land situated in the John N.
Bryan Survey, Abstract Number 149, in Dallas County, Texas and
being a portion of Block A/15 of the TRANSPORTATION CENTER ADDITION NO* 1 to the City of Dallas as recorded in Volume 75093,
Page 1689 and a portion of the remainder of that certain Tract
No. 1, Exhibit "A" conveyed to the City of Dallas as evidenced by
deed recorded in Volume 73110, Page 1737 both of the Deed Records
of Dallas County, Texas; all courses and distances herein recited
are surface values based on DART control monuments 913 and 912
using a combined scale factor of 0.9998606, said monument 913
having DART control grid coordinates of N = 403,185.00 and E =
2,214,497.62; said 73,043 square foot tract being more particularly described as follows;
BEGINNING at a one-half inch iron rod with plastic cap marked
"AB&A" set in the intersection of the westerly right-of-way line
of Houston Street, a variable width right-of-way, and the southwesterly line of the City of Dallas Tract No.l (Vol. 73110, Page
1737); said beginning point having coordinates of N = 403,262.61
and E = 2,213,241.37;
^
-^
A THENCE, along the common line between said Tract No.l and that
Vi tract of land conveyed to Chicago, Rock Island and Pacific Rail* road Company as evidenced by deed recorded in Volume 74 051, Page
1723 of the Deed Records of Dallas County, Texas, North 63 degrees 39 minutes 22 seconds West a distance of 20.90 feet to onehalf inch iron rod with plastic cap marked "AB&A" set for the
\\ beginning of a curve to the right, having a radius of 799.97
5Weet;
;3 \\V THENCE, continuing along said common line and said curve, through
a central angle of 09 degrees 58 minutes 25 seconds, an arc
distance of 139.25 (chord bears North 58 degrees 40 minutes 09
seconds West and is 139.08 feet in length) to a one-half inch
iron rod with plastic cap marked "AB&A" set;
THENCE, departing said common line, along a non-tangent curve to
the right having a radius of 1,007.00 feet through a central
angle of 19 degrees 19 minutes 58 seconds, an arc distance of
339.78 feet (chord bears North 4 0 degrees 23 minutes 52 seconds
West and is 338.17 feet in length) to a one-half inch iron rod
with plastic cap marked "AB&A" set for the beginning of a nontangent curve to the right, having a radius of 67 0.00 feet;
THENCE, along said curve through a central angle of 19 degrees 23
minutes 05 seconds, an arc distance of 226.68 feet, (chord bears
North 20 degrees 46 minutes 49 seconds West and is 225.60 feet xn
length) to a one-half inch iron rod with plastic cap marked
f,
AB&A,f set;
THENCE North 11 degrees 05 minutes 19 seconds West a distance of
40.05 feet to a P.K. nail set;<
0C1-11
PAGE 2
132.13 feet to a one-half inch iron rod with plastic cap marked
"AB&A" set;
THENCE North 75 degrees 26 minutes 33 seconds East a distance of
5,55 feet a one-half inch iron rod with plastic cap marked "AB&A"
set;
THENCE North 14 degrees 3 3 minutes 32 seconds West a distance of
"AB&A" set;
THENCE South 75 degrees 2 6 minutes 45 seconds West a distance of
"AB&A11 set;
THENCE North 14 degrees 32 minutes 3 0 seconds West a distance of
24.2 6 feet to a one-half inch iron rod with plastic cap marked
"AB&A" set for the beginning of a non-tangent curve to the left
having a radius of 1000.00 feet;
THENCE along said curve through a central angle of 16 degrees 33
minutes 40 seconds, an arc distance of 289.05 feet (chord bears
North 22 degrees 50 minutes 22 seconds West and is 288.04 feet in
"AB&A" set;
"AB&A" set for the beginning of a non-tangent curve to the right,
having a radius of 1,271.00 feet;
THENCE along said curve through a central angle of 01 degree 21
minutes 22 seconds, an arc length of 30.08 feet (chord bears
North 3 0 degrees 53 minutes 3 5 seconds West and is 3 0.08 feet in
length) to a P.K. nail set;
THENCE North 2 9 degrees 27 minutes 17 seconds West a distance of
,f
AB&Alf set;
THENCE North 2 8 degrees 28 minutes 10 seconds West a distance of
48.31 feet to a P.K. nail set in the common line between Block
A/15 Transportation Center Addition No. 1 according to plat recorded in Volume 75093, Page 1689 and Lot 2, Block A/5 Reunion
Addition according to plat recorded in Volume 75090, Page 0284
both of the Deed Records of Dallas County, Texas;
THENCE, along said common line, the following courses and distances ; <
c3
0C1-11
PAGE 3
South 38 degrees 32 minutes 42 seconds East a distance of
113.93 feet to a P.K. nail set;
South 31 degrees 02 minutes 42 seconds East a distance of
128.63 feet to a P.K- nail set for the beginning of a curve
to the right, having a radius of 500.00 feet;
Southeasterly, along said curve through a central angle of
08 degrees 01 minutes 48 seconds, an arc distance of 70.07
feet (chord bears South 27 degrees 01 minutes 4 8 seconds
East and is 70.02 feet in length) to a one-half inch iron
rod with plastic cap marked "AB&A" set in the northerlyright-of-way line of Reunion Boulevard, a 64.00 foot wide
right-of-way for the beeinning of a non-tangent curve to the
right, having a radius of 374.00 feet;
Southeasterly, along said right-of-way and curve through a
central angle of 04 degrees 02 minutes 29 seconds, an arc
distance of 26.38 feet (chord bears South 72 degrees 52
minutes 23 seconds East and is 26.38 feet in length) to a
one-half inch iron rod with plastic cap marked ,fAB&An set
for the beginning of a non-tangent curve to the right,
=4
THENCE, departing said common line, along said curve through a
central angle of 09 degrees 4 6 minutes 25 seconds, an arc distance of 161.88 feet (chord bears South 20 degrees 13 minutes 07
seconds East and is 161.68 feet in length) to a one-half inch
iron rod with plastic cap marked "AB&A" set;
THENCE South 15 degrees 19 minutes 54 seconds East a distance of
8.50 feet to a chiseled ,fX" in concrete set;
THENCE South 14 degrees 3 2 minutes 3 2 seconds East a distance of
4T.76 feet to a chiseled ,fXH in concrete set;
0
20.50 feet to a chiseled HX,f in concrete set;
584.16 feet to a chiseled "X" in concrete set;
THENCE South 3 3 degrees 23 minutes 12 seconds West a distance of
23.3 6 feet to a chiseled "X M in concrete set;
"AB&A" set;
THENCE South 12 degrees 02 minutes 3 9 seconds East a distance of
64.51 feet to a chiseled lfX!! in concrete set for the beginning^of
a non-tangent curve to the left, having a radius of 621.00 feet;^
0C1-11
PAGE 4
THENCE, along said curve through a central angle of 01 degrees 2 6
South 14 degrees 43 minutes 49 seconds East and is 15.63 feet in
fl
AB&A,f set in the curving, southerly right-of-way line of Reunion
Boulevard, a 64.00 foot wide right-of-way;
THENCE, along said curving right-of-way line to the right, having
a radius of 374.00 feet through a central angle of 04 degrees 01
minutes 14 seconds, an arc distance of 2 6.25 feet (chord bears
South 42 degrees 3 6 minutes 3 0 seconds West
and is 26.24 feet in length) to a chiseled "X" in concrete set
for the beginning of a non-tangent curve to the left, having a
radius oc 4 60.00 feet;
THENCE, along said curve through a central angle of 34 degrees 44
length) to a P.K. nail set for the point of tangency;
162.35 feet to a P.K. nail set;
161.65 feet to a P.K. nail set in the curving, westerly right-ofway line of Houston Street;
THENCE, along said curving right-of-way line to the right, having
a radius of 500.00 feet, through a central angle of 03 degrees 17
South 09 degrees 09 minutes 3 6 seconds West and is 28.72 feet in
length) to the POINT OF BEGINNING;
CONTAINING 73,043 square feet of land, more or less..*-
SURVEYOR'S DECLARATION
I, Jack L. Lyle, a Texas Registered Professional Land Surveyor,
do hereby declare that this description was prepared from a
survey made on the ground under my supervision in December, 1992
This description was prepared without benefit of title opinion
and may not reflect all^matters of record or standing which may
affect this prapert
/-zt> -fj
Lyle
ered P r o f e s s i o n a l Land Surveyor 2511
THE STATE OF TEXAS }
}
COUNTY OF DALLAS
}
NON-EXCLUSIVE PERMANENT
TRANSPORTATION FACILITY EASEMENT
THAT, WHEREAS, DALLAS AREA RAPID TRANSIT, a regional public
transportation
authority created pursuant to VATCS Article
lll8y
("DART"), is responsible for the preparation and implementation of a
regional public transportation system within the City of Dallas (the
"City") and multiple surrounding political jurisdictions; and
WHEREAS, as one of the elements of its public transportation plan,
DART has designed and is preparing to commence construction of a light
rail system
that will eventually connect the Dallas central business
district with other parts of the City of Dallas, as well as many other
cities within the DART area of responsibility; and
WHEREAS, one section of the light rail system will include an
interface with and commuter rail service at the Union Station Site in the
central business district, (the "Station"); and
WHEREAS, DART and the City have agreed that DART shall construct
certain facility improvements at the Station on land to be furnished by
the City; and
WHEREAS, the land to be furnished by the City shall be by easement
rather than by conveyance of the fee; NOW, THEREFORE,
W I T N E S S E T H
:
THAT the CITY OF DALLAS, a Texas municipal corporation situated in
Dallas County, Texas, ("Grantor"), acting herein in accordance with
Resolution No. 93-1349, approved on the 14th day of April, 1993 for and
in consideration of the sum of Ten and No/100 Dollars
($10.00) in hand
paid by the Grantee hereafter named, receipt and sufficiency of which are
hereby acknowledged and confessed, and for which no lien is retained or
shall exist, and other good and valuable consideration ad described in
the Supplemental Agreement No. 3 to CITY/DART Master
Interlocal
Agreement, (Union Station Design/Construction) of even date herewith, has
GRANTED, SOLD and CONVEYED, and by these presents does hereby GRANT, SELL
and CONVEY, subject to the conditions, reservations and exceptions
hereinafter made and with the restrictions below stated, unto DALLAS AREA
RAPID TRANSIT, a regional transportation authority created and existing
pursuant to VATCS Article 1118y, as amended ("Grantee"), whose address is
Pa
ONEXEAS.DOC/Rev: 11 May 9 3
DJ
EXHIBIT II
9e
1
P.O. Box 660163 Dallas, Texas 75266, a NON-EXCLUSIVE PERMANENT EASEMENT
FOR TRANSPORTATION FACILITIES (the "Easement") over, upon and across the
.following described real property situated in the City of Dallas, Dallas
County, Texas, to-wit:
67891 square feet of
Survey, Abstract No.
described by metes
attached hereto and
pertinent purposes
land out of the John N. Bryan
149, being more particularly
and bounds in Exhibit ,fXM
incorporated herein for all
The Easement shall be used only for the construction, operation and
maintenance by Grantee of a station site, including reconfiguration of
the track layout, construction, operation and maintenance of the LRT
station West platform, operation of the Light Rail System, and, if
operated by DART, operation of the commuter rail system, together with
access
for the public as a part of
a mass transit system for public
transportation uses (together "Transit Facilities").
This conveyance is non-exclusive and is made and accepted subject to:
(1) all existing
easements, restrictions, reservations and
lease
agreements of record in the Real Property Records of Dallas County Texas
affecting the property from which the Easement is conveyed; (2) the terms
and conditions of the Master Interlocal Agreement between Grantor and
Grantee, dated February 28, 1990, and all supplements thereto which may
:>e executed by the parties from time to time; (3) the lease between
Grantor and the National Railroad Passenger Corporation;
(4) the
Operating
Agreement
between
Grantor
and
the
Railroad Company; (5) the Agreement between Grantor and the City of Fort
Worth concerning
ownership and
operation
of Railtran;
(6)
the
Development Agreement and subsequent agreements and easements between
Grantor and Woodbine Development Company; (7) Southern Pacific Railroad
restrictions, including the Right-of-Way District Agreement; (8) the deed
to Grantor from the Union Terminal Company et al, dated May 22, 1973; and
(9) Grantor's right at any time to grant to other parties or to exercise
itself the superior right to use, operate, maintain, repair, rebuild,
make additions and betterments, and control the Transit Facilities (other
than those exclusively devoted to the Light Rail System) in connection
with commuter rail service and/or intercity rail service; PROVIDED,
HOWEVER, that such activities do not interfere with Grantee's use of the
Transit Facilities for light rail transit purposes; and, PROVIDED
FURTHER, HOWEVER, that any rebuilding or additions by Grantor or Grantee
will be coordinated by the parties.
By its acceptance of this conveyance, evidenced by its recording in
the Real Property Records of Dallas County, Texas, Grantee further
covenants and agrees as follows:
NEXEAS.DOC/Rev: 11 May 9 3
J
Page 2
1. To use the Easement and Transit Facilities in
accordance with all federal, state and local
safety laws, rules and regulations applicable to
the construction, maintenance and operation of
public transit facilities.
2.
To comply with all applicable laws, rules,
regulations
and
orders,
including
without
limitation, those relating to health, safety,
noise, environmental protection, waste disposal
and water and
air quality
and
to
furnish
reasonably
satisfactory
evidence
of
such
,
compliance
upon
Grantor s
request;
PROVIDED,
HOWEVER, that in the event of any
discharge,
leakage, spillage, emission or pollution of any
type from the Easement by Grantee, Grantee shall
promptly, at its expense, clean up the spillage to
the reasonable satisfaction of Grantor and any
other governmental authority having jurisdiction
thereof.
3- To keep the Easement and Grantor's remaining
property free from waste by reason of Grantee's
operations and the Transit Facilities.
4.
To bear the entire cost of installing,
operating
and
maintaining
Transit
Facilities
within the Easement.
5. That all work on Transit Facilities within the
Easement shall be carried out in a good and
workmanlike manner.
6.
To comply with all federal, state and local
laws, rules and regulations in Grantee's use and
operations within this Easement.
7.
To fully pay for all labor and material used
in, on or about the herein described property so
that no mechanic's or materialmen's lien of any
nature shall be affixed against said property.
8.
That rails, ties and station platforms shall
be considered fixtures.
Each of the aforesaid covenants 1 through 8 may be enforced by
Grantor by any equitable means, and Grantor may enter upon the Easement
at any time following reasonable notice to inspect and ascertain that
DNEXEAS.DOC/Rev: 14 May 9 3
Page 3
Grantee is observing and is in compliance with each and all of the terms
hereof.
In the event Grantee should fail to observe or perform any of the
terms and provisions of this Easement, or in the event Grantee should
abandon the Easement as an easement for Transit Facilities, and such
failure or abandonment shall continue for more than sixty (60) days after
written notice thereof has been delivered to Grantee by Grantor, then
Grantor shall have the right to reenter and take possession of the
Easement; PROVIDED, HOWEVER, that if Grantee diligently commences to cure
such noncompliance and diligently proceeds to cure same after receipt of
such notice, even if the cure period should extend beyond the sixty (60)
day period, such reentry right shall be extinguished, without prejudice
to the giving by Grantor of future notices of default by reason of
subsequent action or inaction by Grantee.
THIS EASEMENT IS GRANTED "AS IS", WITH ALL FAULTS AND WITHOUT
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
The rights granted hereunder shall not be conveyed or assigned to
a non-governmental or quasi-governmental entity,
nor for any use other
than as set forth herein, without the prior written consent of the
Grantor,
TO HAVE AND TO HOLD the Easement and all appurtenances herein set
forth, subject to the matters herein set forth, together with all and
singular the rights, privileges and benefits unto the said Grantee, its
uccessors and assigns forever but without any warranty of title, and all
arranties that might arise by common law and the warranties in Section
5.023 of the Texas Property Code (or its successors) are excluded.
EXECUTED at Dallas, Texas this
day of
1993.
SAM A. LINDSAY, City Attorney
CITY OF DALLAS
.By:
By:_
Assistant City Manager
By:_
JOHN T. HOEFT
General Counsel
By:
TEXEAS.DOC/Rev: 11 May 9 3
VICTOR H. BURKE
General Manager
Page 4
THE STATE OF TEXAS
COUNTY OF DALLAS
day of
, 1993, by JAN HART, City Manager of the CITY OF
DALLAS,
a municipal corporation, on behalf of said municipal
corporation.
Printed Name:
THE STATE OF TEXAS
COUNTY OF DALLAS
day of
, 1993, by VICTOR H. BURKE, General Manager of
Printed Name:
ONEXEAS.DOC/Rev: 11 May 93
DJ
Page 5
EXHIBIT
X
DART PARCEL NO. OC1-12
being a portion of Block A/15 of the TRANSPORTATION CENTER ADDITION NO. 1 to the City of Dallas as recorded in Volume 75093,
Page 1689 and a portion of the remainder of that certain Tract
No. 1, Exhibit "A" conveyed to the City of Dallas as evidenced by
deed recorded in Volume 73110, Page 1737 both of the Deed Records
of Dallas County, Texas; all courses and distances herein recited
are surface values based on DART control monuments 913 and 912
using a combined scale factor of 0.9998606, said monument 913
having DART control grid coordinates of N = 4 03,185.00 and E =
2,214,497.62: said 67,891 square foot tract being more particularly described as follows;
BEGINNING at a P-K. nail set for the most northerly corner of
Block A/15 Transportation Center Addition No. 1, the same being
in the easterly line of that tract of land conveyed to Chicago,
Rock Island and Pacific Railroad Company as evidenced by Exhibit
fi ff
B of a deed recorded in Volume 74051, Page 1723, and being in
the westerly line of Lot 2, Block A/5 of Reunion Addition recorded in Volume 75090, Page 0284 both of the Deed Records of Dallas
County, Texas; said beginning point having coordinates of N =
405,025.09 and E = 2,212,379.17;
THENCE, along the common line between Lot 2, Block A/5 Reunion
Addition and Block A/15 Transportation Center Addition No. 1,
South 38 degrees 32 minutes 42 seconds East a distance of 53.37
feet to a P.K. nail set;
THENCE, departing said common line, South 28 degrees 28 minutes
10 seconds East a distance of 48.31 feet to a one-half inch iron
rod with plastic cap marked "AB&A" set;
43.71 feet to a P.K. nail set for the beginning of a non-tangent
curve to the left, having a radius of 1,271.00 feet;
THENCE, along said curve, through a central angle of 1 degrees 21
minutes 22 seconds, an arc distance of 30.08 feet (chord bears^
South 3 0 degrees 53 minutes 35 seconds East and is 3 0.08 feet in
11
AB&A" set;
"AB&A" set for the beginning of a curve to the right, having a
radius of 1,000.00 feet;^
C1
0C1-12
PAGE 2
THENCE, along said curve, through a central angle of 16 degrees
33 minutes 4 0 seconds, an arc distance of 289.05 (chord bears
M
AB&A" set;
"AB&A" set;
THENCE North 75 degrees 2 6 minutes 45 seconds East a distance of
"AB&A" set;
550-03 feet to a chiseled "X11 in concrete set;
THENCE South 75 degrees 26 minutes 33 seconds West a distance of
"AB&A" set;
£>* \^ THENCE South 10 degrees 28 minutes 33 seconds East a distance of
CQ v \ 132.13 feet to a P.K. nail set;
4 0.05 feet to a one-half inch iron rod with plastic cap marked
"AB&A" set for the beginning of a curve to the left, having a
radius of 670.00 feet;
23 minutes 05 seconds, an arc distance of 226.68 (chord bears
South 20 degrees 4 6 minutes 49 seconds East and is 225.60 feet in
"AB&A" set for the beginning of a non-tangent curve to the left,
19 minutes 58 seconds, an arc distance of 3 3 9.78 feet (chord
bears South 40 degrees 23 minutes 52 seconds East and is 338.17
feet in length) to a one-half inch iron rod with plastic cap
marked "AB&A" set in the common line between the City of Dallas
tract (Vol, 73110, Page 1737) and the Chicago, Rock Island and
Pacific Railroad Company tract (Vol. 74 051, Page 1723) for the
beginning of a non-tangent curve to the right, having a radius of
799.97 feet;
THENCE, along said common line, the following courses and distances; \
OC1-12
PAGE 3
Northwesterly, along said curve, through a central angle of
04 degrees 16 minutes 38 seconds, an arc distance of 59.72
feet (chord bears North 51 degrees 32 minutes 38 seconds
West and is 59-71 feet in length) to a one-half inch iron
rod with plastic cap marked "AB&A" set;
THENCE North 49 degrees 24 minutes 19 seconds West a distance of 134,20 feet to a one-half inch iron rod with plastic cap marked "AB&A11 set for the beginning of a curve to
the right, having a radius of 49 6,82 feet;
THENCE, along said curve, through a central angle of 2 4
degrees 32 minutes 01 seconds, an arc distance of 212.73
(chord bears North 37 degrees 08 minutes 18 seconds West and
is 211,11 feet in length) to a one-half inch iron rod with
plastic cap marked MAB&AM set for the beginning of a curve
to the right, having a radius of 1,182.04 feet;
THENCE, along said curve, through a central angle of 10
is 213.51 feet in length) to a P.K. nail set;
THENCE North 14 degrees 30 minutes 22 seconds West a distance of 876.79 feet to a chiseled lfXfl in concrete set for
the beginning of a curve to the left, having a radius of
960.69 feet;
THENCE, along said curve, through a central angle of 16
is 274.28 feet in length) to a P.K. nail set;
THENCE North 3 0 degrees 55 minutes 14 seconds West a distance of 99.67 feet to the POINT OF BEGINNING;
CONTAINING 67,891 square feet of land, more or less. A
C
SURVEYOR1S DECLARATION
survey made on the ground under my supervision in December, ^1992.
and may not reflect all letters of record or standing which may
affect this progerl
A£.fl <43
Jack Lr L>yle
Registered Professional
Land S u r v e y o r
2511
i
THE STATE OF TEXAS
COUNTY OF DALLAS
}
}
}
RIGHT OF ENTRY PERMIT
That the CITY OF DALLAS, a Texas municipal corporation
("City"), in consideration of One Dollar ($1.00) in hand paid, the
receipt of which is hereby acknowledged, does hereby grant to DALLAS
AREA RAPID TRANSIT, ("DART"), its employees, agents, contractors,
successors and assigns a non-exclusive Right of Entry Permit on, over,
under, across and upon that certain tract or parcel of land situated
in Dallas County, Texas, (the "Property"), more particularly described
in Exhibit "Z" attached hereto and incorporated herein for all
pertinent purposes, subject, however, to all conditions, reservations
and exceptions hereinafter set out and with the restrictions below
stated.
1. Purpose• The purpose of this Permit is to allow DART,
its agents, employees, contractors and consultants, at DART'S expense,
to enter upon the Property in order to carry out transit facility
construction and parking lot re-configuration in connection with the
further development of Union Station as described in Supplemental
Agreement No. 3 to the City/DART Master Interlocal Agreement.
2. Term. The term of this Permit shall be for a period of
five (5) years commencing on the date of execution of the last of DART
or City to sign this Permit;
PROVIDED, HOWEVER, if DART has not
completed the Permitted Construction within the original term, this
Permit shall be automatically continued in full force and effect for
an additional period of eleven (11) months provided DART has submitted
written notification of such extension to City before the expiration
of the original term.
3.
Miscellaneous•
a. DART shall fully pay for all labor and materials
used in, on, or about the Property for the Permitted Construction and
will not permit or suffer any mechanic's or materialmen's liens of any
nature to be affixed against the Property by reason of any work done
or materials furnished to the Property at DART'S instance or request.
b.
Each person signing this Permit warrants that he
has the capacity and authority to execute this document either
individually or in his official capacity.
/NIONROE.DOC/Rev: 11 May 93
PDJ
Page 1
EXHIBIT III
c. This Permit is not assignable by DART without the
prior written consent of City.
d.
This Permit is made and accepted subject to: (1)
all
existing
easements,
restrictions,
reservations
and
lease
agreements of record in the Real Property Records of Dallas County,
Texas affecting the Property; (2) the terms and conditions of the
Master Interlocal Agreement between the City and DART, dated.February
28, 1990, and all supplements thereto which may be executed by the
parties from time to time; (3)
the lease between the City and
National Railroad Passenger Corporation; (4) the Operating Agreement
between the City and the Missouri-Kansas-Texas Railroad Company; (5)
the Agreement between the City and the City of Fort Worth concerning
ownership and operation of Railtran; (6) the Development Agreement and
subsequent agreements and easements between the City and Woodbine
Development Company; and (7) the deed to City from the Union Terminal
Company et al, dated May 22, 1973.
EXECUTED in multiple originals this
day of
1993.
CITY OF DALLAS
By:
By:
VICTOR H. BURKE
General Manager
SAM LINDSAY, City Attorney
By:
JOHN T. HOEFT, DART General Counsel
IONROE.DOC/Rev: 11 May 93
Page 2
THE STATE OF TEXAS
COUNTY OF DALLAS
day of
, 1993, by
, Assistant City
Manager of CITY OF DALLAS, a Municipal corporation, on behalf of said
Printed Name:
THE STATE OF TEXAS
COUNTY OF DALLAS
day of
, 1993, by VICTOR H. BURKE,
General Manager of
Printed Name:
NIONROE.DOC/Rev: 11 May 93
?DJ
Page 3
EXHIBIT
Z
' Page 1689, the same being a portion of the remainder of that
certain Tract No. 1, Exhibit MA,f conveyed to the City of Dallas
as evidenced by deed recorded in Volume 73110, Page 1737 both of
the Deed Records of Dallas County, Texas; all courses and distances herein recited are surface values based on DART control
monuments 913 and 912 using a combined scale factor of 0.9998606,
said monument 913 having DART control grid coordinates of N =
403,185,00 and E = 2,214,497.62; said 140,527 square foot tract
being more particularly described as follows;
BEGINNING at a chiseled flX!f in concrete set in the intersection
of the westerly right-of-way line of Houston Street, an 8 0.00
foot wide right-of-way, and the southwesterly right-of-way line
of Reunion Boulevard, a variable width right-of-way, the same
being in the easterly line of said Block A/15; said beginning
point having coordinates of N = 404,421.42 and E = 2,212,990.47;
THENCE, along the westerly right-of-way line of Houston Street
and the easterly line of Block A/15, South 14 degrees 32 minutes
42 seconds East a distance of 246.81 feet to a chiseled flX" in
concrete set in the northwesterly right-of-way line of Reunion
Boulevard, a variable width right-of-way;
THENCE along the northwesterly right-of-way line of Reunion
Boulevard, South 30 degrees 35 minutes 18 seconds West a distance
of 405.88 feet to a one-half inch iron rod with plastic cap
marked lfAB&A!! set for the beginning of a curve to the right,
THENCE along said curve through a central angle of 00 degrees 2 8
South 30 degrees 50 minutes 45 seconds West and is 2.60 feet in
length to a one-half inch iron rod set with plastic cap marked
"AB&A" set;
THENCE, departing Reunion Boulevard right-of-way, North 11 degrees 04 minutes 39 seconds West a distance of 89.79 feet to a
chiseled "X" in concrete set;
THENCE North 3 3 degrees 23 minutes 12 seconds East a distance of
23.3 6 feet to a chiseled tfXff in concrete set;
THENCE North 14 degrees 33 minutes 3 2 seconds West a distance of
584.16 feet to a chiseled "X" in concrete set;.^
0C1-15
PAGE 2
20.50 feet to a chiseled "X" in concrete set;
41*76 feet to a chiseled "X" in concrete set;
having a radius of 94 9.00 feet;
length) to a chiseled "X" in concrete set in the southwesterly
right-of-way line of Reunion Boulevard, a 64-00 foot wide rightof-way;
THENCE, along said right-of-way line, South 59 degrees 2 4 minutes
42 seconds East a distance of 404.56 feet to the POINT OF BEGINNING
CONTAINING 14 0,527 square feet of land, more or less. .<
survey made on the ground under my supervision in December, 1992,
and may not reflect all matters of record or standing which may
affect this property.
Jack L./ Lyle
Registered P r o f e s s i o n a l Land Surveyor 2511
THE STATE OF TEXAS
COUNTY OF DALLAS
}
}
}
PUBLIC ACCESS EASEMENT
THAT the CITY OF DALLAS, A Texas municipal corporation
("City"), in consideration of the sum of One Dollar ($1*00) in hand
paid by DALLAS AREA RAPID TRANSIT, ("DART"), a regional transportation
authority whose address is P.O. Box 660163, Dallas, Texas 75266, the
receipt and sufficiency of which is hereby acknowledged and confessed,
and
other
good
and
valuable
consideration
described
in
the
Supplemental Agreement No. 3 to CITY/DART Master Interlocal Agreement,
(Union Station Design/Construction) of even date herewith, has GRANTED
and CONVEYED, and does hereby GRANT and CONVEY unto the public, an
easement for access, ingress and egress to the adjacent light rail
transit station by pedestrian traffic over, upon and across that
certain real property described in Exhibit "Z", attached hereto and
incorporated herein for all pertinent purposes (the "Property"),
including the Union Station Building when it is open for public use by
the City, SUBJECT, HOWEVER, to the following: (1) all existing
easements, reservations, restrictions and lease agreements of record
in the Real Property Records of Dallas County, Texas affecting the
Property; (2) the lease between the City and the Missouri-Kansas-Texas
Railroad Company; and (3) the Development Agreement and subsequent
agreements and easements between the City and Woodbine Development
Company.
TO HAVE AND TO HOLD the above described easement, together
with all and singular the rights and appurtenances thereto in anywise
belonging unto the public forever, and City is hereby bound, together
with its successors and assigns, to Warrant and Forever Defend all and
singular the said easement unto the public, its successors and
assigns, against every person whomsoever lawfully claiming or to claim
the same or any part thereof, by, through or under Grantor, but not
otherwise.
EXECUTED this the
day of
, 1993.
CITY OF DALLAS
BY:
SAM LINDSAY, City Attorney
By:
Assistant
City
,NIONACC.DOC/ R e v :
PDJ
Attorney
1 1 May 9 3
Page
EXHIBIT IV
1
J
THE STATE OF TEXAS
COUNTY OF DALLAS
day of
, 1993, by
, Assistant City Manager of
the CITY OF DALLAS, a municipal corporation, on behalf of said
Printed Name:
.NIONACC.DOC/ Rev: 11 May 9 3
PDJ
Page 2
EXHIBIT
Z
JOHN N- BRYAN SURVEY, ABSTRACT NO. 149
Page 1689, the same being a portion of the remainder of that
certain Tract No. 1, Exhibit "A" conveyed to the City of Dallas
as evidenced by deed recorded in Volume 73110, Page 1737 both of
the Deed Records of Dallas County, Texas; all courses and distances herein recited are surface values based on DART control
monuments 913 and 912 using a combined scale factor of 0.9998 606,
said monument 913 having DART control grid coordinates of N =
403,185.00 and E = 2,214,497.62; said 140,527 square foot tract
being more particularly described as follows;
BEGINNING at a chiseled "X" in concrete set in the intersection
of the westerly right-of-way line of Houston Street, an 80.00
foot wide right-of-way, and the southwesterly right-of-way line
of Reunion Boulevard, a variable width right-of-way, the same
being in the easterly line of said Block A/15; said beginning
point having coordinates of N = 404,421.42 and E = 2,212,990.47;
THENCE, along the westerly right-of-way line of Houston Street
and the easterly line of Block A/15, South 14 degrees 32 minutes
42 seconds East a distance of 246.81 feet to a chiseled f,X,f in
concrete set in the northwesterly right-of-way line of Reunion
Boulevard, a variable width right-of-way;
N\\)\ THENCE along the northwesterly right-of-way line of Reunion
Boulevard, South 3 0 degrees 35 minutes 18 seconds West a distance
of 405.88 feet to a one-half inch iron rod with plastic cap
marked f,AB&AM set for the beginning of a curve to the right,
South 30 degrees 50 minutes 45 seconds West and is 2.60 feet in
length to a one-half inch iron rod set with plastic cap marked
"AB&A" set;
THENCE, departing Reunion Boulevard right-of-way, North 11 degrees 04 minutes 39 seconds West a distance of 89.79 feet to a
chiseled "X" in concrete set;
THENCE North 33 degrees 23 minutes 12 seconds East a distance of
23.36 feet to a chiseled n X " in concrete set;
584.16 feet to a chiseled "X" in concrete set;-r
0C1-15
PAGE 2
20,50 feet to a chiseled f,X" in concrete set;
41.76 feet to a chiseled ffX" in concrete set;
length) to a chiseled "X11 in concrete set in the southwesterlyright-of-way line of Reunion Boulevard, a 64.00 foot wide rightof-way;
THENCE, along said right-of-way line, South 59 degrees 24 minutes
42 seconds East a distance of 404.56 feet to the POINT OF BEGINNING
CONTAINING 14 0,527 square feet of land, more or less. A
survey made on the ground under my supervision in December, 1992.
and may not reflect all matters of record or standing which mayaffect this property./^

SUPPLEMENTAL AGREEMENT NO. 3 to CITY/DART MASTER

Transcription

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