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Home My WebLink AboutContract 35506 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Texas Risk Reduction Program Restrictive Covenant STATE OF TEXAS COUNTY OF TARRANT This Restrictive Covenant is filed to provide information concerning certain environmental conditions and use limitations pursuant to the Texas Commission on Environmental Quality ("TCEQ') Texas Risk Reduction Program Rule ('TRRP") found at 30 Texas Administrative Code ("LAC"), Chapter 350, and affects the real property ("Pro pert ') described as follows: A legal description of the Property is attached hereto as Exhibit A and incorporated herein by reference. Portions of the groundwater of the Property contain certain identified chemicals of concern causing those portions of the Property to be considered an Affected Property as that term is defined in the TRRP. The portion considered to be Affected Property is described as follows: A legal description of the Affected Property is attached hereto as Exhibit A and incorporated herein by reference. The following constituents are present in the shallow groundwater within the Affected Property at concentrations that exceed the Critical Protective Concentration Level: 1,1-Dichloroethene Cis-1,2-Dichloroethene Tetrachloroethene Trichloroethene This Restrictive Covenant is required for the following reasons: The City of Fort Worth ("Owner") is the owner of the tract of land described in Exhibit "A"to this certificate that pertains to Area IV Property ("Site"). VCP No. 1859 located at 3600 Roy Orr Boulevard and 5101 Rock Island Road in Fort Worth and Grand Prairie, Tarrant and Dallas Counties, Texas. In consideration of the issuance of this final certificate of completion, the Owner has agreed to place a restriction on the Area IV Property described in Exhibit "A" in favor the TCEQ and the State of Texas which prohibits exposure to and use of groundwater from the site for residential, agricultural, R, DAL:671343.2 J�n .tii'+iv�� IIG10 recreational, industrial or commercial purposes, except for when the TCEQ or the State of Texas has provided express written pre-approval for a specific purpose. As of the date of this Restrictive Covenant, the record owner of fee title to the Property is The City of Fort Worth with an address of 1000 Throckmorton, Fort Worth, Texas 76102. In consideration of the Response Actions by CentrePort Venture, Inc. ("Responder"), approval of the Response Action Completion Report, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Owner has agreed to place the following restrictions on the Property in favor of the TCEQ and the State of Texas, to-wit: 1. No Groundwater from the Area IV Property described in Exhibit "A"shall be used for residential, agricultural, recreational, industrial or commercial purposes, except for when the TCEQ or the State of Texas has provided express written pre-approval for a specific purpose. 2. These restrictions shall be a covenant running with the land. For additional information, contact: TCEQ Mail: TCEQ - MC 199 Central Records P O Box 13087 12100 Park 35 Circle, Building E Austin, Texas 78711-3087 Austin, Texas 78753 TCEQ Program and Identifier No.: VCP -1859 This Restrictive Covenant may be rendered of no further force or effect only by a release executed by the TCEQ or its successor agencies and filed in the same Real Property Records as those in which this Restrictive Covenant is filed. DAL:671343.2 Cpll� Executed this day o t OWNER By: City of Fort orth, a Texas municipal co ation Name: Title: S7i�r Z� APPROVED AS TO FORM Attested By- AND LEGALITY: • 1,.� �U Y� . ;�G; �(, _.I 1�[arty He rig. City Secretary ASSISTA-f4T CITY ATTOR EY Fort Worth, Texas FNO M&C REQUIRED Executed this day of Ji•J-i RESPONDER By: CentrePort Ve , nc., a Ma Uusecorp ation Name: Daniel J. Br ley Vice President Accepted as Third Party Beneficiary this day of , Texas Commission on Environmental Quality By: Name: Title: J 4a d:�V��`UYY3 UI��1e DAL:671343.2 THE STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on this f ► day of 2007 by_ tl,194. m, the t 64 1-i• of the City of Fort Wo h, Texas, a Texas municipal corporation, on behalf of said municipal corporation. NOTARY PUBLIC in and for the STATE OF TEXAS A &-A, j10SE1LA&*NES MISSIONEXPIRr, .; MY C 31 z� Notary Name Printed: Rc 5 C!I A M A Ale s My Commission Expires: --3/31 Z0 9 COMMONWEALTH OF MASSACHUSETTS COUNTY OF SUFFOLK BEFORE ME, on this c the day of Y personally appeared Daniel J. Bradley, Vice President of CbrtfelportWenture, Inc., known to me to be the person whose name is subscribed to the foregoing instrument, and they acknowledged to me that they executed the same for the purposes and consideration therein expressed. GIVEN U"•iDER MY HAND AND SEAL OF OFFICE, this the '� day of Notary Public in and for the State of Texas, County of -CNN- My Commission Expires: \1 1 �3 LINDA M. P R—IS--CZ Notary'. COMMONWEALTH Of My CommissOctober 1 DAL:671343.2 STATE OF TEXAS ( COUNTY BEFORE ME, on this the day of_, personally appeared Enamel , [title] ,of the Texas Commission on Environmental Quality, known to me to be the person whose name is subscribed to the foregoing instrument, and they acknowledged to me that they executed the same for the purposes and in the capacity herein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of Notary Public in,and for the State of Texas, County of My Commission Expires: DAL:671343.2 EXHIBIT A THE PROPERTY METES AND BOUNDS DESCRIPTION 45.55 ACRES IN THE PAYTON R. SPLANE SURVEY, A-1454, IN TARRANT COUNTY, TEXAS, A-1731 IN DALLAS COUNTY, TEXAS AND ALSO IN THE LORENZA D. BURNETT SURVEY, A-177, IN TARRANT COUNTY, TEXAS AND A-1697, IN DALLAS COUNTY, TEXAS CITY OF GRAND PRAIRIE, TARRANT & DALLAS COUNTIES, TEXAS All that certain 45.55 acres, out of the tracts of land described in the deed to the City of Fort Worth, recorded in Volume 3439, Pg. 292, Volume 4680, Page 133, and Volume 3520, Page 511, in the Deed Records of Tarrant County, Texas, in the Payton R. Splane Survey, A-1454 in Tarrant County, Texas and A-1731 in Dallas County, Texas, and also being in the Lorenza D. Burnett Survey, A-177 in Tarrant County, Texas and A-1697 in Dallas County, Texas, City of Grand Prairie, Tarrant County, Texas, and being more particularly described by metes and bounds as follows (all bearings shown hereon based on The bearings shown hereon are based on the Texas State Plane Coordinate System, North Central Zone (NAD83), as determined by GPS): BEGINNING at a 1/2" iron rod with a cap stamped "PATE" found for the northeast corner of the herein described tract, at the intersection of the west right-of-way line of Roy Orr Boulevard (a 100' right-of-way) and the South right-of-way line of the Railtrans right-of-way (a 200' right-of- way); THENCE South 010 36' 54" East - 1,104.87' along the east line of the herein described tract, common to the west right-of-way line of said Roy Orr Boulevard to a 1/2" iron rod with a cap stamped "PATE" found for the southeast corner of the herein described tract, common to the northeast corner of the tract described in the deed to R. B. Crouch, recorded in Volume 9169, Page 943, in the Deed Records of Tarrant County, Texas, from which a 5/8" iron rod found bears North 890 08' 01"West-0.86; THENCE South 89' 08' 01" West - 1,774.80' along the south line of the herein described tract, common to the north line of the said R. B. Crouch tract, to a 5/8" iron rod with a cap stamped "PATE" set for the southwest corner of the herein described tract, in the east right-of-way line of Trinity Boulevard (right-of-way varies), being a point on a curve to the right, having a central angle of 09°32'39", a radius of 976.00', and a chord bearing and distance of North 050 17' 43" West - 162.39; THENCE along said curve to the right, in a northwesterly direction along said east right-of-way line of said Trinity Boulevard, an arc distance of 162.58' to a 5/8" iron rod with a cap stamped "PATE" set for the end of curve; THENCE North 000 31' 23" West - 329.46' along the west line of the herein described tract, common to the east right-of-way line of said Trinity Boulevard to a 5/8" iron rod with a cap stamped "PATE" set for an angle corner of the herein described tract; THENCE North 010 48' 03" West - 79.58' continuing along the west line of the herein described tract, common to the east right-of-way line of said Trinity Boulevard to a 5/8" iron rod with a cap stamped "PATE" set for an angle corner of the herein described tract; \-1JjniS ��? OTt[%d I��o i�p by�u��UY� USG�e DAL:671343.2 -- THENCE North 89' 28' 41" East - 36.94' to a 5/8" iron rod with a cap stamped "PATE" found for an angle corner of the herein described tract; THENCE North 000 57' 34" West - 578.60' along the west line of the herein described tract, common to east line of Tract 1, 45.159 acres, described in the deed to Frapag/Seefried VI, L.L.P., recorded in Volume 14641, Page 230, in the Deed Records of Tarrant County, Texas, to,a "X" cut found for the northwest corner of the herein described tract, in the south right-of-way line of aforesaid Railtrans right-of-way; THENCE South 890 23' 49" East - 1,736.79' along the north line of the herein described tract, common to the south line of the Railtrans right-of-way to the POINT OF BEGINNING and containing 45.55 acres of land. DAL:671343.2