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Home My WebLink AboutContract 52271 _IiVED CITY SECRETARY MAY -8 2019 CONTRACT NO. C11Y OF FORT WORTH CITY SECRETARY MEMORANDUM OF UNDERSTANDING Thi Memorandum of Understanding ("MOU") is executed to be effective as of the�� day of ;' ! 2019 ("Effective Date"), by and between The Historic Handley Develo ment Co oration ("Grantor"), acting by and through Jean McClung, its duly authorized President,and the City of Fort Worth,Texas,a home-rule municipality of the State of Texas,acting by and through its duly authorized Assistant City Manager ("Grantee"), individually referred to a "Party" and jointly referred to as "Parties." RECITALS Whereas, Grantor is the owner of certain real property located at 1001 S Handley Drive in the City of Fort Worth. The property is undeveloped; although, a portion of the property is used for drainage. The property contains an existing drainage easement as recorded in the real property records of Tarrant County, Texas as document No. D207043187("Existing Drainage Easement"). The Parties agreed that the Existing Drainage Easement needs to be extended and updated to accurately reflect the entire extent of the area used for drainage across the property. The attached Exhibit"1" is incorporated within as if copied in full and reflects the location of the new drainage easement("New Drainage Easement"); Whereas, Grantor desires a portion of the New Drainage Easement (460.83 linear feet; south easement length) have a closed(piped) drainage system installed; Whereas,the City desires to promote public health and safety by partnering with Grantor to install a closed drainage system along 80 linear feet of the proposed 460.83 linear feet New Drainage Easement whereby Grantor purchase the pipe necessary for the construction of the system and Grantee will install it(the"Project"); and Whereas, for the consideration of the City providing the installation for the Project and the maintenance of the New Drainage Easement thereafter, Grantor agrees that it will convey an easement to the City for the New Drainage Easement necessary to allow the City to complete the Project, which shall be in the form attached hereto as Exhibit "1" and incorporated within as if copied in full; NOW, THEREFORE, in consideration of the recitals set forth above, the mutual covenants contained in this MOU, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, Grantor and Grantee agree as follows: 1. Grantor agrees to purchase the pipe necessary to complete the Project within the New Drainage Easement and deliver it to Grantee for installation as provided below. Grantor shall purchase the pipe identified by Grantee in its sole discretion at Grantor's sole cost and expense, including any shipping and handling charges. Grantee shall not be responsible for any costs associated with the pipe being purchased. Grantee will provide Grantor specifications for the pipe to purchase within thirty (30) days of execution of this MOU, and the pipe shall allow for no less than 80 linear feet of use within the New Drainage Easement. OFFICIAL RECORD CITY SECRETARY FT WORTH,TX 2. Grantee will coordinate with Grantor through Grantee's Field Operations Superintendent on the delivery date and location once the supplier for the purchase of the pipe has been identified. Grantor and Grantee agree to coordinate in conjunction with the construction schedule for installation of the pipe. Grantee shall have sole discretion to determine the construction schedule and will comply with any and all competitive procurement laws related to the Project. Grantee will make a good faith effort to have the Project complete within 120 days from the date Grantor purchases the pipe. 3. Once Grantor has purchased the necessary pipe as identified under Section 2 of this MOU, Grantor will execute the documents attached as Exhibit 1 conveying the New Drainage Easement and provide it to Grantee for signature and recording. Grantor and Grantee intend for a portion of the New Drainage Easement to be a 40 foot drainage area for the open drainage system that will remain on the New Drainage Easement and a 20 foot drainage area for the closed drainage system that will be installed within the New Drainage Easement. Grantee may reduce the necessary New Drainage Easement needed for the closed drainage system once the proper pipe has been identified, and, if necessary, the updated metes and bound description will be replaced as Exhibits A and B in the attached Exhibit 1. Grantor will convey the necessary New Drainage Easement to accommodate the Project as determined in Grantee's sole discretion. 4. Grantee will complete the Project and will be responsible for all costs associated with the Project except for the pipe as outlined in this MOU. 5. Grantee will be responsible for maintenance of the New Drainage Easement upon completion of the Project. 6. This MOU shall terminate upon completion of the Project,and the New Drainage Easement will remain in place as executed and filed in the real property records of Tarrant County, Texas. 7. Grantee may terminate this MOU at its sole discretion if pipe materials are not provided by Grantor to complete the Project within sixty(60)days from Effective Date. Executed by Grantor and Grantee in multiple counterparts, each of which shall be deemed an original, as of the Effective Date. Grantor: Grantee: The Historic Handley Development Corporation City of Fort Worth, Texas By: By: J McClung sa Alanis esident Assistant City Manager CITY SECRUARY FT. WORTH, Y RECOM NDED: By: ns,P.E. T ortation and Public Works sistant Director APPROVED AS TO FORM AND LEGALITY: By: __ �f n Z--�/�/ ca gsva g Se 'or Assistant City Attorney Form 1295: N/A ATTEST: FORT By: t Mary K&# �r City Secretary M&C:N/ACp` z .P Date: Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ennz and reporting re ame: Ca on . en*, P.E. rtle: Se for ProtL6sfional Engineer OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Exhibit 1 PERMANENT DRAINAGE FACILITY EASEMENT Historic Handley Pipe Improvement Project 1001 S Handley Drive Block C1, Original Town of Handley STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT § CITY OF FORT WORTH PERMANENT DRAINAGE FACILITY EASEMENT DATE: GRANTOR: THE HISTORIC HANDLEY DEVELOPMENT CORPORATION GRANTOR'S MAILING ADDRESS (including County): 3024 FOREST AVENUE FORT WORTH, TEXAS 76112 GRANTEE: CITY OF FORT WORTH GRANTEE'S MAILING ADDRESS (including County): 200 TEXAS STREET FORT WORTH, TARRANT COUNTY, TX 76102 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: Being a portion of Block C1, Original Town of Handley Addition, Tarrant County, Texas, as recorded in Instrument Number D207013044 Real Property Records, Tarrant County, Texas, and being more particularly described in the attached Exhibits "A" and "B." Grantor, for the consideration paid to Grantor and other good and valuable consideration, hereby grants, sells, and conveys to Grantee, its successors and assigns, an exclusive, perpetual easement for the construction, operation, maintenance, replacement, upgrade, and repair of a Permanent Drainage Facility, hereafter referred to as"Facility". The Facility includes all incidental underground and aboveground attachments, equipment and appurtenances, including, but not limited to manholes, pipelines, junction boxes, inlets, flumes, headwalls, wingwalls, slope pavement, gabions, rock rip-rap, drop structures and access ramps, and other erosion control measures in, upon, under and across a portion of the Easement Property and more fully described in Exhibit "A" and "B" attached hereto and incorporated herein for all pertinent purposes, together with the right and privilege at any and all times to enter Easement Property, or any part thereof, for the purpose of constructing, operating, maintaining, replacing, upgrading, and repairing said Facility. In no event shall Grantor (1) use the Easement Property in any manner which interferes in any material way or is inconsistent with the rights granted hereunder, or (11) erect or permit to be erected within the Easement Property a permanent structure or building, including, but not limited to, monument sign, pole sign, billboard, brick or masonry fences or walls or other structures that require a building permit, or any structure not requiring a building permit but which may threaten the structural integrity or capacity of the Facility and its appurtenances. Grantee shall be obligated to restore the surface of the Easement Property at Grantee's sole cost and expense, including the restoration of any sidewalks, driveways, or similar surface improvements located upon or adjacent to the Easement Property which may have been removed, relocated, altered, damaged, or destroyed as a result of the Grantee's use of the Easement Property granted hereunder provided, however, that Grantee shall not be obligated to restore or replace irrigation systems or other improvements installed in violation of the provisions and intended use of this Easement Property. TO HAVE AND TO HOLD the above-described Easement Property, together with all and singular the rights and appurtenances thereto in anyway belonging unto Grantee, and Grantee's successors and assigns forever; and Grantor does hereby bind itself and its successors and assigns to warrant and forever defend all and singular the Easement unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. When the context requires, singular nouns and pronouns include the plural. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] GRANTOR: The Historic Handley Development Corporation e J �n McClung kesident GRANTEE: City of Fort Worth By (Signature): Susan glartis,►4Cw1 (Print Name) , Title APPROVED AS FORM AND LEGALITY (Signature)_ (Print Name) 3essi&, 94ftWk,,,, Title THE STATE OF TEXAS § COUNTY OF TARRANT § ACKNOWLEDGMENT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Jean McClung, President, 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 Historic Handley Development Corporation and that he/she executed the same as the act of said The Historic Handley Development Corporation the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 201 t,R�p�&, WEND:D2 SON Notaryl1 81 544 Notary Public in and for the State of Texas s My Com Expires '+lFp�SFTP Apr22 ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a notary Public in i� and for the State of Texas, on t is day personally appeared Susan Alam;5 HP�Ute- of the City of Fort Worth, known to me to be the same person whose name is ubscribed 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 20tt. MARIAS.SANCHE2 Notary Public in and for the Stat of Texas ' My Notary ID#2256490 T''F o.t'*� Expires December 19 2021 EXHIBIT"A" VARIABLE WIDTH DRAINAGE EASEMENT BEING a tract of land situated in the S.G.Jennings Survey,Abstract Number 843,Tarrant County,Texas, and being a portion of that certain tract of land described by deed to The Historic Handley Development Corporation, as recorded in Instrument Number D207013044 Real Property Records,Tarrant County, Texas, said tract being described by metes and bounds in Instrument Number D202005310, Real Property Records,Tarrant County,Texas,and this Variable Width Drainage Easement being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod found at the northeast corner of said Historic Handley Development Corporation tract and being at the southwest corner of the intersection of the south right- of-way line of East Lancaster Avenue (a variable width public right-of-way) and the west right-of-way line of Lumber Street(an unimproved right-of-way)as shown on the plat of Handley Addition as recorded in Volume 40, Page 51 of the Deed Records,Tarrant County,Texas; THENCE S 14°19'35"W, a distance of 18.39 feet to the POINT OF BEGINNING; THENCE S 14'19'35"W, a distance of 40.00 feet to a point,from which a 5/8 inch iron rod found for the southeast property corner of said Historic Handley Development Corporation tract bears S 14°19'35"W, 10.73 feet; THENCE N 75°38'06"W,a distance of 196.50 feet to a point; THENCE N 13°45'43"E,a distance of 13.40 feet to a point; THENCE N 79'04'54"W, a distance of 264.33 feet to a point in the east line of a 50'x 71.5' Drainage Easement recorded in Instrument Number D207043187, Real Property Records,Tarrant County,Texas; THENCE N 14°19'35"E,along the said east easement line a distance of 20.04 feet to a point; THENCE S 79°04'54"E,departing said east easement line a distance of 264.13 feet to a point; THENCE N 13°45'43"E,a distance of 6.58 feet to a point; THENCE S 75°38'06"E,a distance of 196.98 feet to the POINT OF BEGINNING and containing 13,153 square fee r 0.302 acres of land. NO--...F *•-•GAS Eq•'.�' GREGORY J GAVATMO Grego/egistration taio ....:......................... So* 6389 a��rQ Regist ofessional Land Surveyor •�~••�'ESs�.•' O Texas Number 6389 �4S AV�•y Dated:04-03-2019 S:\PROJECTS\2015047.01 CoFW Survey Services\2015047.05 Timberland_Handley_Encanto Ease ments\Drawings\Ease men ts\15047.05 DRAINAGE ESMT-1 legal.docx Page 1 EXHIBIT "B" POINT OF S14.19135'W �1 COMMENCING 18.39' VARIABLE WIDTH DRAINAGE EASEMENT 5/8—INCH IRON POINT OF ROD FOUND (CM) BEGINNING S14019'35'W G. 40.00' ~� S14'19'35'W �P 10.77 90 CS55 01 �ti4r, Q �pUrO ROD FOUNDRON BENT (CM) STAMPM L eoo FF"`o o'ao"' 6 � N 13°45'43"E 6.58' N 13°45'43"E THE HISTORIC HANDLEY 13.40' DEVELOPMENT CORP. INST No.D207013044 N`� VARIABLE WIDTH PROPOSED O.P.R.T.C.T. ��` DRAINAGE EASEMENT AREA ART EXHIBIT EASEMENT P� lb 13,153 SQUARE FEET INST.No.0215MI%5 O.P.R T.C.T. OR0.302ACRES 7L � G�tiG 4� BLOCK C / A0 HANDLEY ADDITION -' ` VOL.40,PG.51 N 14°19'35"E O.P.R.T.C.T. 20.04' 0 60 120 50'X 71.S DRAINAGE EASEMENT INST.No.D207043187 O.P.R.T.C.T. ORTV� IRTH City Of Fort Worth 1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102 NOTE: 1. LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. EXHIBIT SHOWING A 2. BEARINGS REFERENCED TO THE TEXAS VARIABLE WIDTH DRAINAGE EASEMENT %%.,`,.• STATE PLANE COORDINATE SYSTEM. OUT OF A TRACT DESCRIBED TO STANNTRAL ZONE,ARE SURFACE DI DISTANCES STANCES. THE HISTORIC HANDLEY 3. (CM) CONTROLLING MONUMENT DEVELOPMENT CORP. RECORDED IN INSTRUMENT No.D207013044, REAL PROPERTY��RDS,,OTARRANT COUNTY,TEXAS IN THE CITY OF FORT WORTH b SURv� TARRANT COUNTY,TEXAS EASEMENT AREA:13,153 SQUARE FEET OR 0.302 OF AN ACRES OF LAND DATE: 04/03/2019 GREG J. CAVATAI0 REGISTERED PROFESSIONAL LAND DRAWING: 15047.05 DRAINAGE ESMT-1 — REVI.DWG DRAWN BY: CSW CHECKED BY: RWB SURVEYOR No. 6389 SHIELD ENGINEERING GROUP, PLLC 1600 W 7TH ST #200 FORT WORTH, TEXAS 76147 (817) 810-0696 TBPE F-11039 TBPLS 10193890 O c 2016