HomeMy WebLinkAboutContract 49234 CITY SECRETARY'
s) CONTRACT NO. Z
RECEIVED i AGREEMENT CONCERNING EXTENSION
2017 OF EVERMAN PARKWAY
CITY or FoRT WORTH N
MY SECRETARV $.D
�9 STATE OF TEXAS §
S � sa � §
COUNTY OF TARRANT §
This Agreement Concerning Extension of Everman Parkway (this "Agreement") is
entered into by the City of Fort Worth, Texas, a home-rule municipal corporation situated in
Tarrant, Denton, Johnson, Wise and Parker Counties, Texas (the " ty"), acting by and through
its duly authorized Assistant City Manager, Fort Worth Everman/Risinger Development, LLC, a
Texas limited liability company ("Everman LLC") and the Hickman Family Limited Partnership
("Hickman LP").
RECITALS
A. Everman LLC and Hickman LP are the owners of approximately 116.8942 acres of
land in the City of Fort Worth, Tarrant County, Texas, included in Preliminary Plat
PP-16-061 approved by the City's Plan Commission on January 25, 2017, for
Southland Business Park Addition, attached hereto as Exhibit A, with Hickman LP
owning Lot 3, Block 1, and Everman, LLC owning Lots 1, 2, 4-6, 7X and 8, Block 1.
B. Everman LLC has submitted a final plat for Lot 1, Block 1, Southland Business Park
Addition to the City.
C. Everman LLC has agreed to construct approximately 1,600 feet of the southern two
lanes of Everman Parkway from the existing terminus east of Sheridan Road west to
Cameron Hill Point as shown the attached Exhibit B, which extension is not required
as a condition of approval of the final plat for Lot 1, Block 1, or development of Lot
1, Block 1 (the "Phase 1 Everman Parkway Extension"), subject to (1) receipt of
transportation impact fee credits for any impact fee eligible costs in excess of
$500,000, and (2) contribution by the City of funds received from Tarrant County
pursuant to Interlocal Agreement, which shall not exceed $500,000, after
construction of the roadway improvements by Everman LLC and acceptance of the
improvements by the City.
D. The City Council approved Mayor and Council Communication M & C C-28224
(the "M & C") on May 9, 2017, authorizing the City to execute (i) an Interlocal
Agreement with Tarrant County for Tarrant County to contribute $500,000 to the City
for the Phase 1 Everman Parkway Extension and (ii) a Community Facilities
Agreement with Everman LLC to construct the Phase 1 Everman Parkway Extension
providing for reimbursement of up to $500,000 by the City.
E. The M & C provides that construction by Everman LLC of the southe
Everman Parkway from the terminus of the Phase I Everman Parl way Exte
OFFICIAN 6D
Agreement Concerning Extension of Everman Parkway CITY SEC TTgre�
FT.WORTH,TX
Cameron Hill Point west to the M, K & T Railroad track on the western boundary of
Lot 1, Block 1, Southland Business Park Addition (the "Phase 2 Everman Parkway
Extension") shall not be required as a condition of approval of the final plat for Lot 1,
Block 1 because the Director of the Transportation and Public Works Department has
waived the requirement in accordance with Section (V)(1)(E) of the City's Policy for
Installation of Community Facilities.
F. The M & C further provides that the City will not approve a final plat for Southland
Business Park Addition, Lots 2, 3, 4, 5 or 6, Block 1, as shown on approved PP-16-
061 attached as Exhibit A and further described on Exhibit C (the "Property") until
Everman LLC, Hickman LP, a successor owner of any portion of the Property, or a
contractor acting on their behalf, executes a Community Facilities Agreement for the
Phase 2 Everman Parkway Extension and provides a financial guarantee for such
improvements in accordance with the City's Policy for Installation of Community
Facilities.
G. Hickman LP has agreed to grant a right-of-way easement to the City for the extension
of Everman Parkway west of the railroad track on the western boundary of Lot 1,
Block 1, Southland Business Park Addition.
H. The purpose of this Agreement is to provide notice to all future owners of the
Property of the prerequisites for approval of a final plat set out in Recital F.
NOW THEREFORE, for and in consideration of the mutual agreements, covenants, and
conditions hereinafter set forth, the Parties agree as follows:
1. Everman LLC and Hickman LP acknowledge that the City will not approve a final
plat for Southland Business Park Addition, Block 1, Lots 2, 3, 4, 5 or 6 shown on the
Preliminary Plat attached hereto as Exhibit A and further described on Exhibit C
until Everman LLC, Hickman LP, a successor owner of any portion of the Property,
or a contractor acting on their behalf(a) signs a Community Facilities Agreement for
construction of the Phase 2 Everman Parkway Extension; and (b) provides a
financial guarantee for such improvements in accordance with the City's Policy for
Installation of Community Facilities.
2. Everman LLC shall record this Agreement in the Real Property Records of Tarrant
County, Texas, and shall deliver a file-marked copy of the recorded Agreement to the
City's Planning and Development Director within ten (10) days after recording. The
Parties agree that this Agreement benefits and burdens the Property and touches and
concerns the Property. The rights and obligations under this Agreement are intended
to be covenants running with the Property.
3. Hickman LP shall execute a Right-of-Way Easement substantially in the form
attached as Exhibit E granting an approximately 1.3285 acre easement to the City for
the extension of Everman Parkway west of the Phase 2 Everman Parkway Extension.
Agreement Concerning Extension of Everman Parkway Page 2
4. Exhibit A is attached for information purposes only to describe the Property subject
to this Agreement and does not dedicate any easements shown thereon or grant any
other rights.
5. Everman LLC, Hickman LP, or a successor owner of any portion of the Property, is
authorized to record a termination of this Agreement in substantially the form
attached hereto as Exhibit D, appropriately completed, upon written agreement by
the City when Everman LLC, Hickman LP, a successor owner of any portion of the
Property, or a contractor acting on their behalf, executes a Community Facilities
Agreement for the Phase 2 Everman Parkway Extension and provides a financial
guarantee for such improvements in accordance with the City's Policy for Installation
of Community Facilities. Such written agreement shall be delivered by the City to
Everman LLC, Hickman LP or successor owner within ten (10) days after the
Community Facilities Agreement is executed, the financial guarantee is provided, and
the request for the written agreement is delivered to the City's Planning Manager in
the Community Facilities Agreements Office. The party recording such termination
shall deliver a filed-marked copy of the recorded document to the City's Planning and
Development Director within ten (10) days after recording. Once the termination of
this Agreement is recorded, this Agreement will be of no further force or effect and
will no longer encumber any land described on any exhibit hereto.
6. THIS AGREEMENT MUST BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE
LAWS OF THE STATE OF TEXAS, AS THEY APPLY TO CONTRACTS PERFORMED
WITHIN THE STATE OF TEXAS AND WITHOUT REGARD TO ANY CHOICE OF LAW
RULES OR PRINCIPLES TO THE CONTRARY. THE PARTIES ACKNOWLEDGE THAT THIS
AGREEMENT IS PERFORMABLE IN TARRANT COUNTY, TEXAS, AND HEREBY SUBMIT
TO THE JURISDICTION OF THE COURTS OF TARRANT COUNTY, TEXAS, AND HEREBY
AGREE THAT ANY SUCH COURT SHALL BE A PROPER FORUM FOR THE
DETERMINATION OF ANY DISPUTE ARISING HEREUNDER.
7. This Agreement may be amended only with the approval of the City and the owners
of the property within the boundaries of PP-16-061.
8. This Agreement is solely for the benefit of the City, Everman LLC, Hickman LP, and
successor owners of the Property, and neither the City, Everman LLC nor Hickman
LP intends by any provision of this Agreement to create any rights in any third-party
beneficiaries or to confer any benefit or enforceable rights under this Agreement or
otherwise upon anyone other than the City, Everman LLC, Hickman LP, or successor
owners of the Property.
9. The City warrants that the individual executing this Agreement on behalf of the City i
authorized to do so. Everman LLC warrants that the execution of this Agreement is
duly authorized in conformity with the certificate of formation, company agreement
or other applicable organizational documents of Everman LLC and that the individual
executing this Agreement on behalf of Everman LLC has been authorized to do so.
Hickman LP warrants that the execution of this Agreement is duly authorized by the
limited partnership agreement or other applicable organizational documents of
Agreement Concerning Extension of Everman Parkway Page 3
Hickman LP and that the individual executing this Agreement on behalf of Hickman
LP is duly authorized to do so.
10. This Agreement may be executed in counterparts, each of which shall be deemed to
be an original.
ATTEST: CITY OF FORT WORTH
o�FORT�'L y:
ary J. Ka Ci Se etar y O�J�1 Fernan o Costa, Assistant City
N/p F-- ;= Manager
�/14 v
APPROVED AS TO FORM AND MAPS Reco
LEGALITY:
G� By:
Assistant City Attorney to/2 h? an le Hag
Director, Planning and Development
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
viZ�R.•�
me of Employee
itle
OFFICIAL RECORD
CITY SECRETARY
FT.WORTHS TX
Agreement Concerning Extension of Everman Parkway Page 4
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me, on the, day of 52017,
by Fernando Costa, Assistant City Manager of the City of Fort Worth, Texas on behalf of said
City.
Notary blic `ate of Texas
, • TRIKINYA l JOHNSON printed Name: s ��3 r/�Sv�
/��/w o
:=o: ,=:Notary Public,State of Texas
Comm.Expires 04-17-2018
Notary ID 1238832-0 My Commission Expires: DyZ 2v/,'
Agreement Concerning Extension of Everman Parkway Page 5
FORT WORTH EVERMAN/RISINGER
DEVELOPMENT LLC,
a Texas limited liability company
By: 1G�
Name:
Title: EDOW P. ROSKI, JR.
r
By: Majestic—Everman Investor, LLC,
a Delaware limited liability company,
its Managing Member
By: Majestic Realty Co.,
a California corporation,
Manager's Agent
By:
Name:
Its: _ EDV"RD P. ROSKI, JR
r'ow�and Che'rm.n Of the Board
By:
Name:
Its:
STATE OF §
COUNTY §
SEE AffA-40
This instrument was ackno dged before me on this day of , 2017,by
— of Majestic Realty Co., Manager's Agent of
Majestic—Everman Investor, LLC, aging member of Majestic Fort Worth Everman/Risinger
Development LLC, a Texas limited ility company, on behalf of said limited liability
company.
tar ublic
Printed Name:
My Commission Expires:
Agreement Concerning Extension of Everman Parkway Page 6
STATE OF §
COUNTY OF § 66-C 14-IFACNC'D
This instrument was acknowledg before me on this day of , 2017, by
of Majestic Realty Co., Manager's Agent of
Majestic—Everman Investor, LLC, managi member of Majestic Fort Worth Everman/Risinger
Development LLC, a Texas limited liability ompany, on behalf of said limited liability
company.
otary Public
Printed Name: _
My Commission Expires:
Agreement Concerning Extension of Everman Parkway Page 7
ACKNOWLEDGMENT
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
validity of that document.
State of California
County of Los Angeles
On June 9th, 2017 before me, Daniella Noel Garcia, Notary Public
(insert name and title of the officer)
personally appeared Edward P. Roski Jr.
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS m hand and official seal. DANIELLA NOEL GARCIA
y Notary Public -California
Z -: Los Angeles County D
Z f Commission #t 2160176
My Comm.Expires Jul 17,2020
Signature (Sea!)
ACKNOWLEDGMENT
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
validity of that document.
State of California
County of Los Angeles )
On June 9th, 2017 before me, Daniella Noel Garcia, Notary Public
(insert name and title of the officer)
personally appeared Edward P. Roski Jr.
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS m hand and official seal. OANIELLA NOEL GARCIA
y Notary Public -California
Z -i Los Angeles County
Commission#2160178
Mi Comm.Expires Jul 17,2020
Signature (Seal)
HICKMAN FAMILY LIMITED PARTNERSHIP,
a Texas limited partnership
By: HICKMAN FAM GENPAR, LLC,
a Texas limited liability company
its General Partner
By:
Brad Hickman, Manager
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on this day of j V n- ,
2017, by _Brad Hickman, Manager of Hickman Fam.Genpar, LLC, General Partner of Hickman
Family Limited Partnership, on behalf of said limited partnership.
Cya:
Notary Public
Printed Name:
My Commission Expires:,—VW. q,
L.l
LORI L LOFTIS
Notary ID#11327539
My Commission Expires
June 7,2021
Agreement Concerning Extension of Everman Parkway Page 7
Exhibit A
Preliminary Plat PP-16-061
Exhibit A to Agreement Concerning Extension of Everman Parkway
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Exhibit B
Phase 1 Everman Parkway Extension
Exhibit B to Agreement Concerning Extension of Everman Parkway Page 1
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CITY OF FORT WORTH,TDIAS
No. HEVISIp6 MR BY
Exhibit C
Legal Description of Block 1, Lots 2-6, Southland Business Park Addition,
as shown on PP-16-061
BEING a tract of land situated in the James J. Scott Survey,Abstract No. 1449 and the George
Hamilton Survey, Abstract No. 751, City of Fort Worth, Tarrant County, Texas; embracing a
portion of the 204.712 acre tract of land described in Special Warranty Deed with Vendor's Lien
to Holt Hickman and Jo Hickman, Co-Trustees of The Holt Hickman Irrevocable Asset Trust
recorded in Instrument No. D212008041, of said Deed Records, and all of a tract of land
described in Special Warranty Deed to the Hickman Family Limited Partnership recorded in
Instrument No. D204401637, of said Deed Records, and a portion of the called 5.854 acre tract
described in the deed to Hickman Properties, Inc., et al as recorded in Volume 6797,Page 2099
of said Deed Records and being more particularly described as follows:
BEGINNING at a 5/8" iron rod with"KHA" cap set for corner in the east line of said 204.712
acre tract,the west right-of-way line of Interstate Highway 35 West(U.S. Highway 81 a variable
width right-of-way) at the southeast corner of Lot 1R-1, Block 1, Lone Star Subdivision, an
addition to the City of Fort Worth, Tarrant County, Texas according to the plat recorded in
Volume 388-123, Page 58 of the of said Deed Records and the run South 89°38'49" West, along
the south line of said Lot 1R-1, a distance of 801.86 feet to the southerly northeast and
BEGINNING corner of tract being described;
THENCE South 00°36'59" East, departing said south line of Lot 1R-1, over and across said
204.712 acre tract, a disantece of 560.17 feet to a capped 5/8" iron rod set marked "KHA" in a
south line of said 204.712 acre tract and the north line of a tract of land described in the deed to
F.W. 140, Ltd., as recorded in Volume 5445,Page 458 of said Deed Records;
THENCE South 89°23'01" West, along the south line of said 204.712 acre tract, and said north
line of said F.W. 140 Ltd., tract,pass at 1322.19 feet a 5/8" iron rod with "BHB Inc." cap found
for the northeast corner of a called 12.664 acre tract of land described in Special Warranty Deed
to Barnett Gathering, LP recorded in Instrument No. D208162439, Deed Records of Tarrant
County, Texas, and continuing with the north line of said 12.664 acre tract and a called 12.81
acre tract of land described in Special Warranty Deed to Barnett Gathering, LP recorded in
Instrument No. D206080398, of said Deed Records of Tarrant County Texas, continuing for a
total distance of 1766.39 feet to a 5/8" iron rod with "KHA" cap set for corner;
THENCE North 0°39'16" West, along a west line of said 204.712 acre tract and the east line of
said 12.81 acre tract, a distance of 564.09 feet to a capped 5/8" iron rod set marked "KHA";
THENCE over and across said 204.712 acre tract the following:
East, a distance of 444.62 feet to a capped 5/8" iron rod set marked "KHA";
North 0°26'51" West, a distance of 494.01 feet to a capped 5/8" iron rod set marked "KHA";
West, a distance of 619.27 feet to a capped 5/8" iron rod set marked "YHA";
Exhibit C to Agreement Concerning Extension of Everman Parkway Page 1
South, a distance of 387.73 feet to a capped 5/8" iron rod set marked "KHA in a south line of
said 124.712 acre tract and the north line of said 12.81 acre tract;
THENCE South 89°28'24" West, along a south line of said 204.712 acre tract and said north line
of 12.81 acre tract, a distance of 444.04 feet to a 5/8" iron rod with"KHA" cap set for corner in
the east right-of-way line of a 100' M.K. &T. Railroad right-of-way and the northwest corner of
said 12.81 acre tract;
THENCE North 8°46'58" West, along the east line of said M.K. & T. Railroad right-of-way, a
distance of 888.03 feet to a 5/8" iron rod with"KHA" cap set for corner;
THENCE over and across said 204.712 acre tract the following:
North 89°33'09" East, a distance of 1255.05 feet to a capped 5/8" iron rod set marked "KHA";
North 00°26'51" West, a distance of 470.00 feet to a capped 5/8" iron rod set marked "KHA" at
the beginning of a curve to the left;
In a northwesterly direction with said curve, having a central angle of 12°16'30", a radius of
230.00 feet, an are length of 49.27 feet and a chord bearing and distance of North 6°35'05" West,
49.18 feet to a 5/8" iron rod with cap stamped "KHA" set;
North 12°43'20" West, a distance of 109.89 feet to a 5/8" iron rod with cap stamped"KHA" set
at the beginning of a non-tangent curve to the left;
In a northeasterly direction with said curve, having a central angle of 297'21", a radius of
1255.00 feet, an are length of 50.14 and a chord bearing and distance of North 73°40'19"East,
50.14 feet to a 5/8" iron rod with cap stamped "KHA" set in the north line of said Instrument No.
D204401637 and the south line of a Tract 2 as described in the deed to BEW Development, LLC
as recorded in Instrument No. D204082527 of said Official Public Records;
THENCE North 89°33'09" East, along said north line of Instrument No. D204082527 and said
south line of Tract 2, a distance of 1037.52 feet to a 5/8" iron rod with"KHA" cap set for the
northwest corner of Block 1, National Can Corporation Addition, an addition to the City of Fort
Worth, Tarrant County, Texas according to the plat recorded in Volume 388-68, Page 8, of said
Deed Records„ from which a 1/2" iron rod found for reference bears North 75°48'East, a
distance of 5.7 feet;
THENCE South 0°12'32" East, along the west line of said Block 1, a distance of 647.74 feet to a
5/8" iron rod along "Carter Burgess" cap found for the southwest corner of said Block 1;
THENCE North 89°40'24" East, along the south line of said Block 1, a distance of 8.48 feet to a
5/8" iron rod with"KHA" cap set for corner at the northwest corner of a called 6.358 acre tract
described in Warranty Deed with Vendor's Lien to Payless Cashways, Inc. recorded in Volume
5213, Page 828, of said Deed Records;
THENCE departing the said south line of Block 1, with the west line of said 6.358 acre tract,
South 0°20'38" East, at a distance of 275.41 feet passing a 1/2" iron rod found for the southwest
corner of said 6.358 acre tract and the northwest corner of Lot 1R-1, Block 1, Lone Star
Subdivision, an addition to the City of Fort Worth, Texas according to the plat recorded in
Volume 388-123, Page 58, Plat Records of Tarrant County, Texas, and continuing with the west
Exhibit C to Agreement Concerning Extension of Everman Parkway Page 2
line of said Lot 1R-1 for a total distance of 477.31 feet to a 5/8" iron rod with "KHA" cap set for
corner;
THENCE continuing with the said west line of Lot 1R-1, South 0°25'11" East, a distance of
499.00 feet to a 5/8" iron rod with "KHA" cap set for corner at the southwest corner of said Lot
IR;
THENCE with the south line of said Lot 1R-1,North 89°38'49" East, a distance of 200.35 feet
to the POINT OF BEGINNING and containing 81.0131 acres or 3,528,932 square feet of land.
All bearings shown are based on grid north of the Texas Coordinate System of 1983,North
Central Zone (4202),North American Datum of 1983. All dimensions shown are ground
distances.
Exhibit C to Agreement Concerning Extension of Everman Parkway Page 3
Exhibit D
TERMINATION OF AGREEMENT CONCERNING EXTENSION
OF EVERMAN PARKWAY
THE STATE OF TEXAS §
COUNTY OF TARRANT §
WHEREAS, the City of Fort Worth, Texas, a home-rule municipal corporation situated
in Tarrant, Denton, Johnson, Wise and Parker Counties, Texas (the "Cily"), acting by and
through its duly authorized Assistant City Manager, and Fort Worth Everman/Risinger
Development LLC, a Texas limited liability company ("Everman LLC" and Hickman Family
Limited Partnership ("Hickman LP") entered into that certain Agreement Concerning Extension
of Everman Parkway(CSC No. ) on ' 2017, which
agreement is recorded as Document in the Tarrant County Real Property Records (the
"Agreement");
WHEREAS, the Agreement provides that the City will not approve a final plat for
Southland Business Park Addition, Block 1, Lots 2, 3, 4, 5 or 6 depicted on Exhibit A attached
and further described in Exhibit B attached hereto (the "Prope ") until Everman LLC,
Hickman LP, a successor owner of any portion of the Property, or a contractor acting on their
behalf (a) signs a Community Facilities Agreement for construction of the southern two lanes of
Everman Parkway from Cameron Hill Point to the M, K & T Railroad tracks on the western
boundary of Lot 1, Block 1, Southland Business Park Addition (the "Phase 2 Everman Parkway
Extension") and (b) provides a financial guarantee for such construction in accordance with the
City's Policy for Installation of Community Facilities;
WHEREAS, the Agreement provides that Everman LLC, Hickman LP, or a successor
owner of any portion of the Property may record this Termination of Agreement Concerning
Extension of Everman Parkway in the Tarrant County real property record upon satisfaction of
the conditions (a)and (b) set out above;
WHEREAS, signed a Community Facilities Agreement for the Phase 2
Everman Parkway Extension on and provided a financial guarantee for such
construction in accordance with the City's Policy for Installation of Community Facilities on
NOW, THEREFORE, the Agreement is hereby terminated and is of no further force or
effect and will no longer encumber any land described on Exhibit A or Exhibit B.
Exhibit D to Agreement Concerning Extension of Everman Parkway Page 1
ATTEST: CITY OF FORT WORTH
By:
Mary J. Kayser, City Secretary Fernando Costa, Assistant City
Manager
APPROVED AS TO FORM AND Recommended:
LEGALITY:
By:
Assistant City Attorney Randle Harwood
Director, Planning and Development
INSERT SIGNATURE BLOCK OF EVERMAN LLC,
HICKMAN LLC, OR A SUCCESSOR OWNER
STATE OF §
COUNTY OF §
This instrument was acknowledged before me on this day of , 20_, by
of on behalf
of said
Notary Public
Printed Name:
My Commission Expires:
Exhibit D to Agreement Concerning Extension of Everman Parkway Page 2
Exhibit E
Right-of-Way Easement
Exhibit E to Agreement Concerning Extension of Everman Parkway Page 1
NOTICE OF CONFIDENTIALITY RIGHTS: IF"YOU ARE A NATURAL PERSON,YOU MAY
REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
THE STATE OF TEXAS §
COUNTY OF TARRANT §
RIGHT-OF-WAY EASEMENT
THAT Hickman Family Limited Partnership, a Texas limited partnership, hereinafter referred to
as "Grantor", for and in consideration of Ten Dollars ($10.00) and other valuable consideration paid
by the City of Fort Worth, a municipal corporation of Tarrant County, Texas, receipt of which is
hereby acknowledged, does Grant,Bargain, and Convey to said City, its successors and assigns, an
easement over,on and across the Property("Property") situated in Tarrant County, Texas,hereinafter
described in the attached Exhibits "A" and "B", to use the Property as a pedestrian and vehicular
right-of-way. Grantor does hereby acknowledge and agree that this conveyance to City includes the
right of the City to permit the public to use the Property as a public right-of way. Grantor also hereby
acknowledges and agrees that this conveyance to City includes the right of the City to construct and
install sidewalks and to permit utilities to be situated within the Property as required by the City or
by law. "Utilities" includes but are not limited to: water facilities, sewer facilities, gas facilities
electric facilities, telecommunication facilities, drainage facilities and other utilities as defined by
law.
It is intended by these presents to convey a right-of-way to the said City of Fort Worth to maintain
and construct the right-of-way improvements, with the usual rights of ingress and egress in the
necessary use of such right-of-way, in and along said Property.
Grantor reserves unto itself,its successors and assigns and tenants,and each of their subtenants,heirs,
successors and assigns, and excepts from the limited warranty of title contained herein the right to
full use and enjoyment of the Property, expressly including without limitation use of the Property for
agricultural purposes, for so long as the construction of the right-of-way improvements on the
Property has not commenced,provided,however,that Grantor, its successors and assigns and tenants,
may not use the Property in a manner that interferes with the construction and maintenance of right-
of-way improvements once the construction is commenced.
This grant and conveyance is made subject to all recorded restrictions, encumbrances,easements,
covenants and conditions,rights-of-way,reservations, surface agricultural and grazing leases, oil, gas
or other exploration agreements and leases and other instruments or contractual rights or obligations
that affect the Property to the extent the same are recorded, valid, existing, and affect the Property.
This grant and conveyance affects only the surface estate of the Property as specifically set forth
herein and does not convey any rights in, over or under any oil, gas or other minerals interests or any
other interests in the Property.
Right-of-Way Easement Page I
TO HAVE AND TO HOLD the above described Property,together with, all and singular,the rights
and appurtenances thereto in anywise belonging, unto the said City of Fort Worth, its successors and
assigns, forever. Grantor does hereby bind itself, its heirs, successors and assigns, to warrant and
forever defend, all and singular,the said premises unto the said City of Fort Worth, its successors and
assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof
when the claim is by, through or under Grantor, but not otherwise, except as to the reservations from
conveyance and exceptions to conveyance set forth herein.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Right-of-Way Easement Page 2
HERETO WITNESS MY HAND this the day of , 2017.
GRANTOR:
HICKMAN FAMILY LIMITED PARTNERSHIP,
a Texas limited partnership
By: HICKMAN FAM GENPAR, LLC,
a Texas limited liability company
its General Partner
By:
Brad Hickman,Manager
GRANTEE:
City of Fort Worth
By(Signature):
(Print Name):
Title:
APPROVED AS TO FORM AND LEGALITY
(Signature)
(Print Name):
Title:
Right-of-Way Easement Page 3
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Brad Hickman,Manager of Hickman Fam Genpar,LLC, a Texas limited
liability company, general partner of Hickman Family Limited Partnership, known to me to be the
same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the
same was the act of Hickman Family Limited Partnership that he executed the same as the act of said
limited liability company for the purposes and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ,
2017.
Notary Public in and for the State of Texas
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared ,
of the City of Fort Worth, known to me to be the same person whose name is subscribed to the
foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth
and that he/she executed the same as the act of the City of Fort Worth for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ,
2017.
Notary Public in and for the State of Texas
Right-of-Way Easement Page 4
Exhibit A '
Exhibit A Page 1
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Exhibit B
Right-of-Way Easement Page 6
Exhibit B
BEING a tract of land situated in the James J. Scott Survey, Abstract No. 1449 and the George
Hamilton Survey, Abstract No. 751, City of Fort Worth, Tarrant County, Texas; embracing a
portion of the 204.712 acre tract of land described in Special Warranty Deed with Vendor's Lien
to Holt Hickman and Jo Hickman, Co-Trustees of The Holt Hickman Irrevocable Asset Trust
recorded in Instrument No. D212008041, of said Deed Records, and all of a tract of land
described in Special Warranty Deed to the Hickman Family Limited Partnership recorded in
Instrument No. D204401637, of said Deed Records, and a portion of the called 5.854 acre tract
described in the deed to Hickman Properties, Inc., et al as recorded in Volume 6797, Page 2099
of said Deed Records and being more particularly described as follows:
BEGINNING at a 5/8" iron rod with"KHA" cap set for corner in the east line of said 204.712
acre tract, the west right-of-way line of Interstate Highway 35 West (U.S. Highway 81 a variable
width right-of-way) at the southeast corner of Lot 1R-1, Block 1, Lone Star Subdivision, an
addition to the City of Fort Worth, Tarrant County, Texas according to the plat recorded in
Volume 388-123, Page 58 of the of said Deed Records and the run South 89°38'49" West, along
the south line of said Lot 1R-1, a distance of 801.86 feet to the southerly northeast and
BEGINNING corner of tract being described;
THENCE South 00°36'59" East, departing said south line of Lot 1R-1, over and across said
204.712 acre tract, a disantece of 560.17 feet to a capped 5/8" iron rod set marked "KHA" in a
south line of said 204.712 acre tract and the north line of a tract of land described in the deed to
F.W. 140, Ltd., as recorded in Volume 5445, Page 458 of said Deed Records;
THENCE South 89°23'01" West, along the south line of said 204.712 acre tract, and said north
line of said F.W. 140 Ltd., tract,pass at 1322.19 feet a 5/8" iron rod with "BHB Inc." cap found
for the northeast corner of a called 12.664 acre tract of land described in Special Warranty Deed
to Barnett Gathering, LP recorded in Instrument No. D208162439, Deed Records of Tarrant
County, Texas, and continuing with the north line of said 12.664 acre tract and a called 12.81
acre tract of land described in Special Warranty Deed to Barnett Gathering, LP recorded in
Instrument No. D206080398, of said Deed Records of Tarrant County Texas, continuing for a
total distance of 1766.39 feet to a 5/8" iron rod with "KHA" cap set for corner;
THENCE North 0°39'16" West, along a west line of said 204.712 acre tract and the east line of
said 12.81 acre tract, a distance of 564.09 feet to a capped 5/8" iron rod set marked "KHA";
THENCE over and across said 204.712 acre tract the following:
East, a distance of 444.62 feet to a capped 5/8" iron rod set marked "KHA";
North 0°26'51" West, a distance of 494.01 feet to a capped 5/8" iron rod set marked "KHA";
West, a distance of 619.27 feet to a capped 5/8" iron rod set marked "KHA";
South, a distance of 387.73 feet to a capped 5/8" iron rod set marked "KHA in a south line of
said 124.712 acre tract and the north line of said 12.81 acre tract;
THENCE South 89°28'24" West, along a south line of said 204.712 acre tract and said north line
of 12.81 acre tract, a distance of 444.04 feet to a 5/8" iron rod with"KHA" cap set for corner in
Exhibit B Page 1
the east right-of-way line of a 100'M.K. & T. Railroad right-of-way and the northwest corner of
said 12.81 acre tract;
THENCE North 8°4658" West, along the east line of said M.K. & T. Railroad right-of-way, a
distance of 888.03 feet to a 5/8" iron rod with"KHA" cap set for corner;
THENCE over and across said 204.712 acre tract the following:
North 89°33'09" East, a distance of 1255.05 feet to a capped 5/8" iron rod set marked "KHA";
North 00°26'51" West,a distance of 470.00 feet to a capped 5/8" iron rod set marked "KHA" at
the beginning of a curve to the left;
In a northwesterly direction with said curve, having a central angle of 12°16'30", a radius of
230.00 feet, an are length of 49.27 feet and a chord bearing and distance of North 6°35'05"West,
49.18 feet to a 5/8"iron rod with cap stamped"KHA"set;
North 12°43'20" West, a distance of 109.89 feet to a 5/8"iron rod with cap stamped"KHA" set
at the beginning of a non-tangent curve to the left;
In a northeasterly direction with said curve, having a central angle of 2°17'21", a radius of
1255.00 feet, an are length of 50:14 and a chord bearing and distance of North 73°40'19"East,
50.14 feet to a 5/8"iron rod with cap stamped"KHA" set in the north line of said Instrument No.
D204401637 and the south line of a Tract 2 as described in the deed to BEW Development, LLC
as recorded in Instrument No. D204082527 of said Official Public Records;
THENCE North 89°33'09" East, along said north line of Instrument No. D204082527 and said
south line of Tract 2, a distance of 1037.52 feet to a 5/8" iron rod with"KHA" cap set for the
northwest corner of Block 1,National Can Corporation Addition, an addition to the City of Fort
Worth, Tarrant County, Texas according to the plat recorded in Volume 388-68,Page 8, of said
Deed Records„ from which a 1/2" iron rod found for reference bears North 75°48'East, a
distance of 5.7 feet;
THENCE South 0°12'32" East, along the west line of said Block 1, a distance of 647.74 feet to a
5/8" iron rod along "Carter Burgess" cap found for the southwest corner of said Block 1;
THENCE North 89°40'24" East, along the south line of said Block 1, a distance of 8.48 feet to a
5/8" iron rod with"KHA"cap set for corner at the northwest corner of a called 6.358 acre tract
described in Warranty Deed with Vendor's Lien to Payless Cashways, Inc. recorded in Volume
5213,Page 828, of said Deed Records;
THENCE departing the said south line of Block 1, with the west line of said 6.358 acre tract,
South 0°20'38" East, at a distance of 275.41 feet passing a 1/2" iron rod found for the southwest
corner of said 6.358 acre tract and the northwest corner of Lot 1R-1, Block 1, Lone Star
Subdivision, an addition to the City of Fort Worth, Texas according to the plat recorded in
Volume 388-123, Page 58, Plat Records of Tarrant County, Texas, and continuing with the west
line of said Lot 1R-1 for a total distance of 477.31 feet to a 5/8" iron rod with "KHA" cap set for
corner;
Exhibit B Page 2
THENCE continuing with the said west line of Lot 1R-1, South 0°25'11" East, a distance of
499.00 feet to a 5{8" iron rod with "KHA" cap set for corner at the southwest corner of said Lot
1R;
THENCE with the south line of said Lot 1R-1,North 89°38'49" East, a distance of 200.35 feet
to the POINT OF BEGINNING and containing 81.0131 acres or 3,528,932 square feet of land.
All bearings shown are based on grid north of the Texas Coordinate System of 1983,North
Central Zone (4202),North American Datum of 1983. All dimensions shown are ground
distances.
Exhibit B Page 3
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M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
FoRTWORT
CITY COUNCIL AGENDA H
COUNCIL ACTION: Approved on 5/9/2017 -Ordinance No. 22709-05-2017
REFERENCE ,, 06EVERMAN PKWY- ILA AND
DATE: 5/9/2017 NO.: C-28224 LOG NAME: CFA WITH CITY
PARTICIPATION
CODE: C TYPE: CONSENT PUBLIC NO
NO
SUBJECT: Authorize Execution of an Interlocal Agreement with Tarrant County in the Amount of
$500,000.00, Authorize Execution of a Community Facilities Agreement with Fort Worth
Everman/Risinger Development, LLC, in the Amount of$812,620.00 for the Construction
of West Everman Parkway from Cameron Hill Point to Sheridan Road, with City
Participation in an Amount Not to Exceed $500,000.00 and Adopt Appropriation
Ordinance(COUNCIL DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of an Interlocal Agreement with Tarrant County to accept$500,000.00 for the
construction of Everman Parkway between Cameron Hill Point and Sheridan Road;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Southland Business Park CFA Project of the Intergovernmental Contribution Fund in the amount of
$500,000.00; and
3. Authorize the execution of a Community Facilities Agreement with Fort Worth Everman/Risinger
Development, LLC, in the amount of$812,620.00 for the construction of West Everman Parkway from
Cameron Hill Point to Sheridan Road,with City participation in an amount not to exceed $500,000.00.
DISCUSSION:
This Mayor and Council Communication authorizes the execution of a Community Facilities Agreement
(CFA)with Fort Worth Everman/Risinger Development, LLC,the developer of Southland Business Park
Block 1, Lot 1 (Developer)which is generally located at the southeast corner of Everman Parkway and
Cameron Hill Point. The project includes the construction of the southern lanes of Everman Parkway from
their existing terminus just east of Sheridan Road for approximately 1,600 feet to the west to Cameron Hill
Point. Of that section of Everman Parkway, only 300 feet is along the frontage of the lot currently being
platted and developed. The remaining 1,300 feet fronts an undeveloped parcel owned by BEW
Development, LLC (BEW). The Developer is not required to construct the 1,300 feet fronting BEW's parcel
as a condition of development for Southland Business Park but has coordinated with the BEW to dedicate
the right-of-way necessary for that portion of Everman Parkway. The Developer has also coordinated with
Tarrant County for the County to provide $500,000.00 of construction funding for that portion of Everman
Parkway. The Developer will publicly bid and provide initial funding for the roadway construction while the
City will use the County funds to reimburse the Developer up to $500,000.00 for the construction.
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=24597&councildate=5/9/2017 6/26/2017
M&C Review Page 2 of 2
Project Expenditures:
Item Developer Cost City Cost Total Cost
Estimated Construction Costs I $171,587.00 $500,000.00 $671,587.00
Material Testing and Inspection
Fees $40,295.00 0 $40,295.00
15 Percent Contingency $100,738.00 0 1 $100,738.00
Notal Project Cost $312,620.00 $500,000.00 11 $812,620.00
In accordancewithSection (V)(1)(C)(4)(E) of the CFA Policy, the Director of Transportation and Public Works
has determined that the Developer will not be required to construct the remaining portions of West Everman
Parkway from Cameron Hill Point west to the MK&T Railroad tracks (Phase 2). The City will administratively
execute a development agreement with the Developer and Hickman Family Limited Partnership for the future
construction of Phase 2 of Everman Parkway. The development agreement will require dedication of the
right-of-way for Phase 2 of Everman Parkway as well as right-of-way located to the west of the MK&T
Railroad tracks. The development agreement will further provide that a final plat for Southland Business Park
Addition, Block 1, Lots 2, 3, 4, 5 or 6 shall not be approved by the City until a CFA is executed with the City
for the construction of Phase 2 of Everman Parkway.
This development is located COUNCIL DISTRICT 8.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and receipt of funds
from the County, appropriations will be available in the current capital budget, as appropriated, of the
Intergovernmental Contribution Fund.
TO
Fund Department Account Project Program Activity Budget I Reference# Amount
ID ID Year (_Charkrield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Randle Harwood (6101)
DJ Harrell (8032)
Additional Information Contact: Julie Westerman (2677)
ATTACHMENTS
06EVERMAN PKWY-ILA AND CFA WITH CITY PARTICIPATION 39008 A017.docx
Form 1295 for MC.Pdf
MC Mao for Southland Business Park ILA and CFA(5).odf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=24597&councildate=5/9/2017 6/26/2017