HomeMy WebLinkAboutContract 43684-PR1 «� CITY SECRETARY
�, c E iV E D CONTRACT NO. LLQI
0R, -7 2018 PARTIAL RELEASE OF
CITY OF FORT WORTH STORM WATER FACILITY MAINTENANCE AGREEMENT
CITY SECRETARY
STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF TARRANT §
This Partial Release of Storm Water Facility Maintenance Agreement ("Release") is
made and executed by the City of Fort Worth, a Texas municipal corporation (the
effective as of March�, 2018.
RECITALS:
WHEREAS, FW Mason Heights, L.P. ("Mason Heights") and the City entered into
that certain Storm Water Facility Maintenance Agreement dated effective October 3, 2012
("Storm Water Agreement"), filed as Instrument No. D212247478 in the Real Property Records
of Tarrant County, Texas, and amended by that certain Amendment to City Secretary Contract
No. 43684 Storm Water Facility Maintenance Agreement dated August 3, 2016 ("Amendment to
Storm Water Agreement"), filed as Instrument No. D216197168 in the Real Property Records of
Tarrant County, Texas (the Storm Water Agreement and Amendment to Storm Water Agreement
being collectively referred to herein as "SWFMA"), in which the City required that on-site Storm
Water Management Facilities ("Facilities") be constructed and adequately maintained by Mason
Heights, its successors and assigns, on that certain approximately 56.78 acre tract of real
property located in Tarrant County, Texas, as more particularly described in the SWFMA (the
"Facili , Pro egy").
WHEREAS, Mason Heights and ACH Child and Family Services ("ACH") entered
into that certain Contract of Sale dated effective as of October 26, 2017, whereby Mason Heights
agreed to sell and convey to ACH an approximately 3.993 acre tract out of the Facility Property,
described in Exhibit "A" attached hereto and incorporated herein by reference (the "Released
PropertX").
WHEREAS, the City has determined that no Facilities arising under the SWFMA
are located on the Released Property.
WHEREAS, the City has agreed to execute and deliver this Release to (i) evidence
the Released Property's release from the SWFMA, including any and all restrictions and
obligations contained therein; and (ii) release ACH from any and all existing or future
obligations under the SWFMA.
NOW THEREFORE, for the purposes set forth herein and for good and valuable
consideration,the receipt and sufficiency of which are acknowledged, the City agrees as follows:
1. To the extent that the Released Property is subject tot MA,
the City does forever release the Released Property andHH
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all existing and future maintenance requirements and obligations
resulting from and concerning the SWFMA;
2. The City, by this Release, does not intend in any way or manner to
release, affect, or impair any rights of Mason Heights or the City
under the SWFMA to the extent such rights relate to the balance of
the Facility Property other than the Released Property; and
3. Except as affected by this Release, all other provisions of the
SWFMA shall remain in full force and effect.
EFFECTIVE as of the date first set forth above.
CITY OF FORT WORTH
By:
Name:
Title: Assistant City Manager
Ap roved as toIform & legality:
1
OR r� ssistant City Attorney
O: ,Cad
U; S
?CA ✓ ecret
STATE OF TEXAS
COUNTY OF TARRANT § NO M&( '_`'{`'tii 1 1I=B
This 'nstrument was acknowledged before me on the /LUay o t , 2018,
by ,e' SA . n o-, Assistant City Manager of the City of Fort Worth, a Texas municipal
corporation. on beh if of said municipal corporation.
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.5 My Npt,ry ID#2256490
Expires December 19,202 Not Public, State of Texas
Cff-fix i C j:TAp,y
2568042 1"' TX
M,
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 reporti requirements.
122J-Z--�
fan ie S. Morales
Development Manager
After Recording, Please Return to:
Kelly Hart& Hallman LLP
201 Main Street, Suite 2500
Fort Worth, Texas 76102
Attention: Kenneth W. Stogdill
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Exhibit"A"
RELEASED PROPERTY
STATE OF TEXAS §
COUNTY OF TARRANT §
BEING a tract of land situated in the J. JUSTICE SURVEY, ABSTRACT NO. 859, in the City
of Fort Worth, Tarrant County, Texas, and being all of Lot 4R1, Block 1, Mason Heights, an
addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded
in County Clerk's Instrument No. D215125841, Official Public Records, Tarrant County, Texas,
and being more particularly described as follows:
BEGINNING at a 5/8-inch iron rod with plastic cap stamped"hz"found for the southwest corner
of said Lot 4R1, Block 1 and the southeast corner of Lot 2, Block 1, Mason Heights Addition, an
addition to the City of Fort Worth, Tarrant County, Texas according to the plat thereof recorded
in County Clerk's Instrument No. D212201535, Official Public Records, Tarrant County, Texas,
said iron rod also being situated in the north right-of-way line of Grayson Street, a 60-foot right-
of-way;
THENCE North 09 deg 10 min 31 sec West, departing the north right-of-way line of said
Grayson Street and along the westerly line of said Lot 4R1, Block 1 and the easterly line of said
Lot 2, Block 1, a distance of 374.21 feet to a 1/2 inch iron rod with red plastic cap stamped
"W.A.I." set for corner, said iron rod being the southwest corner of Lot 3, Block 1 of said Mason
Heights Addition(D212201535);
THENCE North 80 deg 49 min 40 sec East, departing the easterly line of said Lot 2, Block 1 and
along the south line of said Lot 3, Block 1 and the north line of said Lot 4R1, Block 1, a distance
of 278.02 feet to a 1/2-inch iron rod with red plastic cap stamped"W.A.I." set for corner;
THENCE South 09 deg 10 min 31 sec East, continuing along said common line, a distance of
30.00 feet to a 1/2-inch iron rod with red plastic cap stamped "W.A.I." set for corner;
THENCE North 80 deg 49 min 30 sec East, continuing along said common line, a distance of
229.84 feet to an "X" cut in concrete found (CM CC #D215125841) for corner, said "X" cut
being situated in the west line of Lot 4R2, Block 1 of said Mason Heights Addition
(D215125841);
THENCE continuing along the west line of said Lot 4R2, Block 1 and the east line of said Lot
4R1, Block 1,the following courses and distances:
South 09 deg 10 min 31 sec East, a distance of 48.47 feet to an "X" cut in concrete found (CM
CC #D215125841) for corner and the beginning of a curve to the right having a radius of 115.65
feet, a central angle of 28 deg 59 min 41 sec, a chord bearing of South 05 deg 10 min 50 sec
West, and a chord length of 57.90 feet;
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Along said curve to the right, an arc distance of 58.53 feet to an "X" cut in concrete found (CM
CC #D215125841) for corner;
South 22 deg 45 min 09 sec West, a distance of 178.80 feet to an "X" cut in concrete found (CM
CC #D215125841) for corner and the beginning of a curve to the left having a radius of 113.50
feet, a central angle of 22 deg 37 min 45 sec, a chord bearing of South 11 deg 26 min 16 sec
West and a chord length of 44.54 feet;
Along said curve to the left, an arc distance of 44.83 feet to an "X" cut in concrete found (CM
CC #D215125841) for corner;
South 00 deg 07 min 24 sec West, a distance of 107.52 feet to a MAG nail with shiner found for
corner, said MAG nail being situated in the north right-of-way line of said Grayson Street;
THENCE North 89 deg 52 min 32 sec West, departing said common line and along the north
right-of-way line of said Grayson Street, a distance of 370.77 feet to the POINT OF
BEGINNING.
CONTAINING within these metes and bounds 3.993 acres or 173,925 square feet of land, more
or less.
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