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Home My WebLink AboutContract 34509 STATE OF TEXAS § n CITY SECRETARY CONTRACT NO. r] COUNTY OF TEXAS § WHEREAS, the City of Fort Worth ("City") has adopted its "Master Thoroughfare Plan" (the "MTP") which describes the development of the City's roadway infrastructure; and WHEREAS, the MTP includes the development of Old Cleburne Crowley Junction Road from North (direction) for a distance of approximately Eighty One point Fifty One8( 1.51) feet, (said roadways therewith being referred to herein as the "Improvements"); and WHEREAS, the City's Policy for Installation of Community Facilities requires Owners of property abutting proposed city roadways to construct or, upon request of an Owner, contribute a portion of the construction costs; and WHEREAS, SJ Rosemary, LLC (name of developer), a Texas Limited Liability Corporation (entity)Steve Hawkins ("Owner"), is the owner of Being a tract of land situated in the Moses Walters Survey, Abstract No. 1598, in the City of Fort Worth, Texas and being part of that certain tract of land as described by deed to SJ Rosemary Development, L.P. and recorded in Volume 16894, Page 128, Deed Records, Tarrant County, Texas (property description) Lot 43, Block 121 Rosemary Ridge Addition (the "Property"), a parcel of property consisting of approximately 2.903 acres and bordering the Improvements; and WHEREAS, Owner has requested that City rather than Owner construct the Improvements and City has agreed, subject to the terms of this Agreement; NOW THEREFORE, City and Owner, acting herein by and through their duly authorized representatives, enter into the following agreement: 1. The City may construct (or cause to be constructed) the Improvements provided public funds are available, abutting properties develop, or construction is found to be necessary by the Director of Transportation and Public Works. 2. Owner has paid to the City the sum of Five Thousand Six Hundred Forty Two Dollars and 95 /100's ($5,642.95), such amount being hereinafter referred to as the "Escrow", which Owner and City agree is the entire amount of Owner's contribution for the cost to construct the Improvements. By providing the Escrow, Owner agrees: Rosemary Ridge Addition Future Improvements CFA November 2,2006 C9 u u Page I of S1Sw�: nB� Gtl (a) this payment to the City is an assessment contemplated under Chapter 313 of the Texas Transportation Code; and (b) the amount of special benefit and enhanced value to Owner's property resulting from construction of the Improvements is equal to or greater than the amount of the Escrow, and (c) to waive the rights granted to Owner in Chapter 313 of the Texas Transportation Code to contest or appeal the assessment. By accepting the Escrow and by execution of this contract, City agrees that the Owner and any successor owner of all or part of the Property will have no obligation whatsoever to pay any amounts in addition to the Escrow or take any further action with regard to the construction of the Improvements, even if (a) the actual costs to construct the Improvements exceed the costs expected by the City as of the date of this contract, (b) the specifications, composition, or other characteristics of the Improvements hereafter change for any reason, (c) a mistake has been made (mutual or unilateral) in computing the costs of the Improvements or otherwise, or (d) the costs or scope of the Improvements change for any reason. 3. Owner and City agree that the terms of this agreement eliminate the need for a public hearing and issuance of notices as required by Tex. Transp. Code Ann. §§313.047-313.048 (Vernon Supp 1998). 4. This agreement shall be binding upon and inure to the benefit of the City and Owner and their respective successors and assigns. 5. Owner is in the process of developing the Property. Owner has deposited the Escrow with the City for the future Improvements, such Improvements being necessitated in part by the additional demands that the development of the Property will be placing upon Old Cleburne Crowley Junction Road and being roughly proportionate to the impact of the proposed development along said roadways, and fairly represents the Owner's proportional share of the cost of the improvements to Old Cleburne Crowley Junction Road. Should any claim be raised by Owner or Owner's successors-in-interest or assigns that the Escrow provided for herein is not proportional to the impacts of the development pursuant to Tex. Loc. Gov't Code sec. 212.904, successor-statute or any constitutional provision, Owner expressly agrees that the City Council and any reviewing court may rely upon the statements in this Agreement in considering relief Rosemary Ridge Addition Future Improvements CFA November 2,2006 Page 2 of 4 under such claim. Owner further waives any claim that Owner's contribution in Escrow provided by this Agreement constitutes an unauthorized impact fee pursuant to Tex. Loc. Gov't Code chapter 395. Executed on this 6day of Nov-tmh.a. , 2006. ATTEST: CITY OF FORT WORTH oc� _ By: Marty Hendrix Marc A. Ott City Secretary 1A Ass:S",stant City Manager APPROVED AS TO FORM ` ISJema r', LLC Assistant ityorney By: Steve Hawkins Title: President RECEIVED TRANSPORTATION AND PUBLIC WORKS NOV 2 12006 DEPARTMENT By. Robert G_ode, P.E. Director MIMI END Rosemary Ridge Addition Future Improvements CFA a r, November 2,2006 4 �21)5 � Page 3 of 4 RECEIVED STATE OF TEXAS § NOV 2 COUNTY OF TARRANT BEFORE ME, the undersigne authority, a Notary Public in and for the State of Texas, on this day personally appeared , assistant city manager for the City of Fort Worth, known to me to be the 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 executed the same as the act of said City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. EN UNDER UNDER MY HAND AND SEAL OF OFFIC_E this day of ` � � 2006. ^� Notary Public, State of Texas ._.r�,.,y My Commission expires: STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersi ed author�ty�a,N��ublic�in and for the State of Texas, on this day personally appeared �,c t, ��;, ,�� ,1 A known to me to be the persons whose name is subscribed to the foregoing instrument, and acknowledged to that he executed the same for the purposes and consideration therein expressed. of )1GIVEN UNDER MY HAND AND SEAL OF OFFICE this /I 0-Lqn&jZ , 2006.- ------ "oov _ ..._..� CANDACE DILLOW1(9 Notary Public,State of Texas Notary Pub ic, State of xas My Commission Expires May 29,2009 My Commission expires: Rosemary Ridge Addition Future Improvements CFA V November 2,2006 Page 4of4U, rJ�uly ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST ITEM DESCRIPTION QTY/UNIT I PRICE I AMOUNT I. FUTURE PAVING IMPROVEMENTS -DEVELOPERS ESCROW COSTS 1 6-inch Lime stabilized sub rade 175 SY $ 2.25 $ 393.75 2 Lime 27lbs/s 2.4 TN $ 105.00 $ 248.06 3 6-inch reinforced concrete pavement 168 SY $ 22.00 $ 3,696.00 4 6-inch concrete curb 82 LF $ 2.00 $ 164.00 5 4400t wide concrete sidewalk 82 LF $ 14.00 $ 1,141.14 SUBTOTAL $ 5,642.95 2DO6159_CFAOPDC-escrow_06-1D20_JWM.xls Page 2 of 2 Jill-YOO-SJ LA 5c4 �..A z0 I Q 11101 sl�e � _ iii ��r I "re pa m ! M F a est � ' i 3 C/2 ------------ I --------------------- 7 ■ 11 1 d r ' 1 ' 1Wr M�fS,SLOOS , ��-� ' _ ' -+------�ea.�t•.e=s�..�- ---'-gyp P 9 ' { J} 1 f 7 , c' E ,OSV6Z 3.fS,SLOON fu I ` 1 1 =- ..' �--r-- L ==J====- - -'- ---- -------- ------------------I-- I ,.a, • r 6 01 'ON Poo?I i`j uno0IM •zsrlf 6f 9l.00N MID pooy uaaounP AGIAIOJD awnga10 pl0 r 2�5M M N O ti Lu o Q - .3 � , FF 8 t ! flit a t t ' • �j•'! t', ' .t ILA it 14 15 INA 5 ; P WA Y i,7 4111'N Ti- TT X/1 ?6 110;, 0 A11YL SO,(j il 755 UL WO.f XA 51 A i 4446 ----------- -A-IN11111 USE TA�Fkr' 2.5903 AC 0 0 2.847 AC 0 0056 AC ----------------- ---------------------- 0 W. 100* SCALE FEET 50' Scale: 1" = 50' A Final Plat Of LOT 43, BLOCK 121 ROSEMARY RIDGE ADDITION an addition to the City of Fort Worth, Tarrant County, Texas, situated in the Moses Walters Survey, Abstract No. 1598. 1 LOT 2.903 ACRES to THIS PLAT WAS PREPARED IN JULY, 2006 THIS PLAT FILED IN CABINET —, SLIDE NO. --- DATE: 6 z N 2^ oizz 2 ao Q 4i oma,, cd 6zy_ QZ W� f Q: ck: CJ O m i i O N CC) J ' y cn C4 ROE a � 81.51' h .. ad---------------------_ ------------------- W �, peo ff uor;aunt alm o ij au rngaL7 plo z � 5 i h Q O W aD W m LO = O o� II o _ = J Q U N