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HomeMy WebLinkAboutContract 46653-T1 CITY SECRETARY y�� CONTRACT NO. .,... - REVOCATION OF STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into by and between Hayco Realty, Ltd. acting by and through John Cockerham, hereinafter referred to as "Landowner", and the City of Fort Worth, hereinafter referred to as "City". WITNESSETH WHEREAS, the Landowner is the owner of certain real property described as an approximately 1.694 acre tract located in the Marine Creek Ranch Addition, Tarrant County, Texas according to the deed recorded in Volume 14192, Page 644 in the Deed Records, Tarrant County, Texas, hereinafter called the "Property". WHEREAS, the Landowner applied for certain development permits for the Property with the City of Fort Worth in approximately March, 2015 in connection with the development of landowners adjacent property; and WHEREAS, the Landowner and City executed a Stormwater Facility Maintenance Agreement ("Agreement") for the drainage facilities that were constructed during development, and which was filed with the City as City Secretary Contract No. 46653 and which is recorded in Instrument No. D215096311 in the Deed Records, Tarrant County, Texas; and WHEREAS, the Landowner and City wish to revoke said Stormwater Facility Maintenance Agreement because of ongoing development and the replacement of the Agreement with a new Storm Water Facility Maintenance Agreement dated July 6, 2016, which is identified as City Secretary Contract No. 47952 and which is recorded as Instrument No. D216148991, Deed Records, Tarrant County, Texas, and it is in the Jrter inest f;he parties to revoke the Agreement; and Q LIVED �► ' OFFICIAL RECORD RTWCRTH � CITY SECRETARY CRETARYEVOCATION F STORMWATER FACILITY MAINTENANCE AGREEMENT •WORTH'TX age 1 of I NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows: 1. The Stormwater Facility Maintenance Agreement (City Secretary Contract No. 46653) recorded in recorded in Instrument No. D215096311 in the Deed Records, Tarrant County, Texas is hereby revoked, and the obligations of the parties as stated therein are mutually terminated. 2. The parties to this Revocation represent that the foregoing recitals are true, that they possess sufficient interests in the Property to make this Agreement, and that they are legally authorized to execute this agreement. 3. This Agreement shall be recorded among the deed records of Tarrant County, Texas, shall constitute a covenant running with the land, and shall be binding on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any property owners association. Executed this day of JQ V1L1GI w 201 Landowner City rt Worth Hayco Realty, Ltd., a Texas Limited / Partnership Jesus Chapa Assistant City Manager By: Harrison Realty Investment, LLC, a Texas limited liability company, General Partner Approved as to Form and Legality Assistant City Attorney ,til ®F Fp�� ATTEST RECORDOFFICIAL CITY SECRETARY i y Se r to FT. WORTHT# AS REVOCATION OF STORMWATER FACILITY MAINTENANCE AGREEMENT Page 2 of 2 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on �,) OjA �) , 2 0)-7 by Jesus Chapa, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. �Q�; ...P�I%; LINDA M. HIRRLINGER Notary Public,State of Texas Comm. Expires 02-02-20 18 Notary ID 12414474-6 Notary Public, State of Texas STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority on this } day of V e-C e Im be r 2010 personally appeared John Cockerham, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same is the act of Harrison Realty Investment, LLC, General Partner of Hayco Realty Ltd, and that he executed the same as its President and as the act of such Limited Partnership and for the purposes and consideration expressed in the foregoing instrument. Q • Not Public, State of Tex RITA A.SINGLETON Nary h11blk,saw o1 Thea Comm,WON 12-WMD 1140"ID I"04.6 REVOCATION OF STORMWATER FACILITY MAINTENANCE AGREEMENT Page 3 of 3