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HomeMy WebLinkAboutContract 55934CSC No. 55934 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is executed to be effective as of the day of , 2021 ("Effective Date"), by and between The Historic Handley Development Corporation ("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"). 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 official real property records of Tarrant County, Texas as document no. D207043187; and WHEREAS, in order to promote public health and safety in the area, a memorandum of understanding was executed between the Grantor and Grantee in May of 2019 (City Secretary Contract No. 52271) (the "Mav 2019 MOU") for the installation of a closed drainage system along 80 linear feet of pipe. In conjunction with the May 2019 MOU, Grantor conveyed to Grantee an additional permanent drainage easement as recorded in the official real property records of Tarrant County, Texas as document no. D220245000 (the "Existine Drainage Easement"). WHEREAS Grantor desires that the remaining open drainage system (approximately 197 linear feet) on the Property be converted into a closed (piped) drainage system (the "Project") and that the permanent drainage easements on the Property be revised to accurately depict and include the area necessary for the closed drainage system; and WHEREAS Grantee desires to further promote public health and safety by partnering with Grantor to complete the Project, Grantor agrees to purchase the pipe necessary.for Project, and Grantee agrees to install the pipe; and WHEREAS the Parties agree that the Existing Drainage Easement needs to be abandoned and Grantor agrees to grant to Grantee a. new permanent drainage casement (the "Permanent Drainaee Easement") to accurately depict and include the area necessary for the closed drainage system based on the proposed construction and installation of an additional 197 linear feet of pipe; and WHEREAS for the consideration of the Grantee providing the installation necessary for the Project and the maintenance of the Permanent Drainage Easement thereafter, Grantor agrees that it will convey a permanent drainage easement to the Grantee as necessary to allow the City to complete and maintain the Project and said easement shall be in substantially the same form as Exhibit"I" which is attached hereto and incorporated herein for all purposes. 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: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 1. Grantor agrees to purchase the pipe necessary to complete the Project within the Permanent Drainage Easement and deliver it to Grantee for installation as provided below. Grantor, at its sole cost and expense, including any shipping and handling charges, shall purchase the pipe as identified by Grantee in Grantee's sole discretion. Grantee shall not be responsible for any costs associated with the purchase and delivery of the pipe. Grantee will provide Grantor specifications for the pipe to be purchased within thirty (30) days of execution of this MOU. 2. Grantee will coordinate with Grantor through Grantee's Field Operations Superintendent on the delivery date and location once the supplier of the pipe has been identified. Grantor and Grantee agree to coordinate in conjunction with the construction schedule for installation of the pipe. However, Grantee shall have sole discretion to determine the construction schedule. Grantee will install pipe using in-house crews and will make a good faith effort to have the Project completed within one -hundred and twenty (120) days from the date Grantor purchases the pipe. Once Grantor has purchased the necessary pipe as identified under this MOU, Grantor will execute a permanent drainage easement in substantially the same form as Exhibit "Y' and provide it to Grantee for signature and recording. Grantor and Grantee intend for the Permanent Drainage Easement to be 461 feet in length and 20 feet in width (See Exhibit 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. Grantee will be responsible for maintenance of drainage infrastructure within the Permanent Drainage Easement upon completion of the Project. This MOU shall terminate upon completion of the Project, and the Permanent Drainage Easement will remain in place as executed and filed in the official 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 �j Dana Burandoff By: By: Dana Burghdoff (:rut 6, 202117:11 CDT) J McClung Dana Burghdoff McClung Assistant City Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX RECOMMENDED: By: Greg Simmons, P.E. Transportation and Assistant Director APPROVED AS TO LEGALITY: By: Public Works Matthew A. Murray Assistant City Attorney Form 1295: N/A ATTEST: �` C C� By: Mary Kayser City Secretary M&C: N/A Date: u 000000000 >A'o pOa 0 �o o �0 O /V\ p 0 0 0 0 * 00 0 �C F 0 00° A d� °000000_ a 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 re ortig� requirements. ,,�� Name: Cannon R. HenrfyTP.E. Title: Senior Professional Ens OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ���d-T o l(,)o 1. I Historic Handley Pipe Improvement Project 1001 S Handley Drive Block C1, Original Town of Handley 6-1 IF -A I =1101 a VKf-AR § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT CITY OF FORT WORTH PERMANENT DRAINAGE 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 -2 rC If Je McClung P sident GRANTEE: City of Fort Worth Dana Hat-ah6%ff By (Signature):Dana Burghdoff (ful 6, 2021 17:11 CDT) Dana Burghdoff Assistant City Manager (Print Name) ,Title APPROVED AS TO FORM AND LEGALITY (Signature) (Print Name) Matt Murray Title Assistant City Attorney : Ordinance No. 24161-04-2020 / No M&C 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. nn GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 21_. �aFv�UFf WENDY5NELSON Notary ID "124181 s44 7 Notary Public i for the State of Texas My Commission Expires YeapF'' April11,2C22 ACKNOWLEDGEMENT 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 Dana Burghdoff , Assistant City Manager 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 21_ Notary Public in and for the State of Texas EXHIBIT 'A if 2o'DRAIMAGE EASEMENT BLOCA-C, IIAIITDLEYADDITION 9,2rgSQfi1'OR a212ACRESOFL4ND SA RA I-IORAYJENMIMGSSURVEY, ABSTRACT843 CITYOFFOR T WORTH, TARR.ANTCOIIN7-YTEXAS LUMBER STREET (UNIMPROVED RIGHT-OF-WAY) S 14° 19'35" W 24.97 POB S 14019'35" W 20.0024141935 W 5 L-190.37 Ri 2251,79' v� CB S 73'12'47 E / �5/8-INCH IRON D=19o.31'� ROu) FOUND BENT POC 4 h� 1/2RODC FOUND z tiP4, o } / / o PARCEL 1 f YOUGNAL CORPORATION / f � CC# D202005310 / 0.P.R.T.C.T THE HISTORIC HANDLEY / W DEVELOPMENT CORP. CC# D207013044 �tK N O.P.R.T.GT 0 60 120 —ART EXHIBIT FASEMENT ��'� f — 20' WIDE DRAINAGE CC# D215061565 G� EASEMENT O.P.R.TC.T f r, GRAPHIC SCALE IN FEET w o0 9,219 SQUARE FEET OR _ 0.212 ACRES LEGEND: 5 / 4 �) POB POINT OF BEGINNING J �kY POC P01Nr OF COMMENCING IRF IRON ROD FOUND o / Q NOTES: 1. LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS EASEMENT DRAWING. w V to f 2, BEARINGS REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, BLOCK C NORTH CENTRAL ZONE, NAO '83. VERTICAL DATUM NAVD 98, Q N 14°19'35" E HANDLEY ADDITION VOL. 40, PG. 51 o 20.04' 50' X 71,5' DRAINAGE EASEMENT CC# D207043187 / 0.P.R.T.C.T. E; o f TF+ o O.P.R.T.C.T. �P� S T R 9 �•.�F,G � F�. cS, 1 n r; o ..................... ROBERT P. ALLEN o ................. ; q 6495 •, � 'P • ILI W SHIELD r�ii I [ 7 9.. FsIsp,���o ^'O • SLlftN� ENGINEERING GROUP ROBERT P. ALLEN z Im� R.P.L.S. No. 6495 TOPE FIRM OF•11030 • TbFLS FIRM #10193090 DATED: 06-18-2021 0 1600 Wa17th Shari, Suft 200, Port Worth, TX 76102 • 017.810.0696 EXHIBIT T " 20 IOOTDRAINAGEEASEMENT 9,21CJ SQFT OR 0.212ACRES OFL"D BLOCKC, HA, DIEYADDITION SAGAH i9J?,4YJEAWINOS SURVEY,ABSTRACT843 CITYOFFORT WORTH, TA RRf1NT COUNTYTEXAS BEING A TRACT OF LAND SITUATED IN THE SARAH GRAY SURVEY, ABSTRACT NUMBER 843, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF A CERTAIN CALLED PARCEL 1 AS DESCRIBED BY DEED TO YOUGHAL CORPORATION AND RECORDED IN COUNTY CLERK'S FILE NO. D202005310, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS, (OPRTCT) AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 1/2 INCH IRON ROD FOUND FOR THE REENTRANT CORNER OF THE SAID PARCEL 1 AND BEING COMMON WITH THE SOUTH RIGHT OF WAY LINE OF EAST LANCASTER AVENUE (A VARIABLE WIDTH RIGHT OF WAY) AND THE PC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 2251.79 FEET; THENCE WITH SAID CURVE TO THE RIGHT, THE NORTH LINE OF THE SAID PARCEL 1 AND BEING COMMON WITH THE SOUTH RIGHT OF WAY LINE OF THE SAID EAST LANCASTER AVENUE, A CHORD BEARING AND DISTANCE OF SOUTH 73`12'47" EAST, A DISTANCE OF 190.31 FEET, AN ARC DISTANCE OF 190.37 FEET TO THE NORTHEAST CORNER OF THE SAID PARCEL 1 AND BEING AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF THE SAID EAST LANCASTER AVENUE AND THE WEST RIGHT OF WAY LINE OF LUMBER STREET (AN UNIMPROVED RIGHT OF WAY); THENCE SOUTH 14°19'35" WEST, WITH THE EAST LINE OF THE AFORESAID PARCEL 1 AND THE WEST RIGHT OF WAY LINE OF THE SAID LUMBER STREET, A DISTANCE OF 24.97 FEETTO THE POINT OF BEGINNING; THENCE SOUTH 14°19135" WEST, WITH EAST LINE OF THE AFOREMENTIONED PARCEL 1 AND THE WEST RIGHT OF WAY LINE OF THE SAID LUMBER STREET, A DISTANCE OF 20.00 FEET TO A POINT FOR CORNER, FROM WHICH A 5/8-INCH BENT IRON ROD FOUND FOR THE SOUTHEAST CORNER OF TH E SAID PARCEL 1 BEARS SOUTH 14°19'35" WEST, A DISTANCE OF 24.15 FEET; THENCE OVER AND ACROSS THE SAID PARCEL 1, THE FOLLOWING COURSE AND DISTANCES: NORTH 75°38'06" WEST, A DISTANCE OF 196.24 FEET TO A POINT FOR CORNER; NORTH 79°04'54" WEST, A DISTANCE OF 264.72 FEET TO A POINT FOR CORNER; NORTH 14°19`35" EAST, A DISTANCE OF 20.04 FEET TO A POINT FOR CORNER; SOUTH 79°04'54" EAST, A DISTANCE OF 264.13 FEET TO A POINT FOR CORNER; SOUTH 75°38'06" EAST, A DISTANCE OF 196.83 FEET TO THE POINT OF BEGINNING, AND CONTAINING 9,219 SQUARE FEET OR 0,212 ACRES OF LAND MORE OR LESS. NOTES: 1, EASEMENT DRAWING OF EVEN DATE ACCOMPANIES THIS LEGAL DESCRIPTION. 2. BEARINGS REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE, NAD '83. SHIELD ENGINEERING GROUP TBPE FIRM MP-11039 • 76PL5 FIRM #10198890 1600 Weal 7l6 Straw, SuNe 200, Fort World, TX 76102 - 817.810.0898 J ROBERT P. ALLEN R.P.L.S. No. 6495 DATED: 06-18-2021 �f r G;QT 9� ROBERT P. ALLEN °� 6495 P� Page 1 of 10 D219100778 511312019 12:40 PM PGS 10 Fee: $52.00 5ubmitter: XEROX COMMERCIAL SOLUTIONS Electronically Recorded by Tarrant County Clerk in Official Public Records h Ma CITY WHAolson RECEI\.,l i CONTIZACTNo. 5RZI-7i MAY-8 2019 CITY of FORT WOO rII MEMORANDUM OF UNDERSTANDING CITYSECRIM111' This Memorandum of Understanding ("MOU") is executed to be effective as of the day of , 2019 ("Effective Date"), by and between The Historic Handley Development Car 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 :». rantor is -the owner of certain real property located at 1001 S Handley Drive in the City oii�tW orth. The property is undeveloped; although, a portion of the property is used for drainag( . ;� �1 � e„p�,,operty contains an existing drainage easement as recorded in the real property records of"Tg(ft't aunty, Texas as document No. D207043187 ("Existing Drainage Easement"). The Parties"ag���th�t the Existing'Drainage Easement needs to be extended and updated to accurately refl& b"erit o extent of the area used for drainage across the property. The attached Exhibit "l" is incd or, t&d.within as if copied in full and reflects the location of the new drainage (((01 ilk easement ("New Dr�rlaeri�ament"); Whereas, Grantor desires o'h,,pf the New Drainage Easement (460.83 linear feet; south easement length) have a closed (pipgd), drainage system installed; Whereas, the City desires to promot" publ`fb health and safety by partnering with Grantor to install a closed drainage system along 80 lid `r"fe'R of„the proposed 460,83 linear feet New Drainage ' essary for the construction of the system and Easement whereby Grantor purchase thd,p Grantee will install it (the "Project"); and????» Whereas, for the consideration of the City prow Ding thS,::Jristallation for the Project and the maintenance of the New Drainage Easement thereafter �rr1ra"�1)11to or agrees that it will convey an 1� easement to the City for the New Drainage Easement mess ,?Ilow the City to complete the Project, which shall be in the form attached hereto as Ei«ft"pd incorporated within as if copied in full; .��• ZZZiii uiiiiiu. CCCCS E}iii NOW, THEREFORE, in consideration of the recitals i forth Bove, the mutual covenants contained in this MOU, and for other good and valuable c`� ""ion fine receipt and sufficiency of which is acknowledged, Grantor and Grantee agree as fo110 ,�"s ��E;,,, ,r� =zx FFu ,liilii'MY 1. Grantor agrees to purchase the pipe necessary to complete the Project,yJ�`,t`fhKt e, New Drainage Easement and deliver it to Grantee for installation as provided bftor shall purchase the pipe identified by Grantee in its sole discretion at Graritd?,$,1sdb cot and expense, including any shipping and handling charges. Grantee shad ra'Mze responsible for any costs associated with the pipe being purchased. Grantee will pi'ov Grantor specifications for the pipe to purchase within thirty (30) days .of execution of'' "is MOU, and the pipe shall allow for no less than 80 linear feet of use within the NeW Drainage Easement. Page 2 of 10 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 end for a portion of the New Drainage Easement to be a 40 foot drainage area for the r„ pe 110rainage system that will remain on the New Drainage Easement and a 20 foot Eiii �'M��,ffiq�,hrea for the closed drainage system that will be installed within the New Drainage Ea�`ti'Giantee may reduce the necessary New Drainage Easement needed for the closed ystem once the proper pipe has been identified, and, if necessary, the updated mites aQ bound description will be replaced as Exhibits A and B in the attached Exhibit 1.'°'% r t t� JI convey the necessary New Drainage Easement to accommodate €irrrrr' €€€€� the Project as dq r n6" d,in Grantee's sole discretion. 4. Grantee will compleW't*,Prq'ect and will be responsible for all costs associated with the Project except for the pipq,,,A1I6tlJned in this MOU. <; ttttiti ; 5. Grantee will be responsibstt��r maintenance of the New Drainage Easement upon completion of the Project. ,;;;;,> ::ffffff;>, SO 11] 6. This MOU shall terminate upon comple'4the Project, and the New Drainage Easement will remain in place as executed an in the real property records of Tarrant County, Texas. �'��J' a materials are not provided 7. Grantee may terminate this MOU at its sole dis�',� p' by Grantor to complete the Project within sixty (66)"j ' , fro; Effective Date. .. 'EttjttttjEEEE ii i>>>f3j ) Executed by Grantor and Grantee in multiple counterparts, i elo4hich shall be deemed an original as of the Effective Date, Grantor; Grantee: The Historic Handley Development Corporation City of Fort Worth, Texaskss 5` ""' ,>ih, AMP" RRV By: By: usa Alanis' iiperident ung 't�W ant City Manager «««�" Page 3 of 10 RECOMMENDED: By: lAs gstaDi�rector o , P.E. Oltn and Public Works APPROVED AS TO FORM AND LEGALITY /') �0 Iessic sva �� Senio ssistant City Attorney Form1295: NIA rfr„ t(itti' Rr lr »` ATTEST: ' ..,,,.,., City.ecretary ti'• ttttit„ tttt' ,iii M&C: NIA < «ttf Date: ,""Contract Compliance Manager: By signing, I acknowledge that I am the. persq,sponsible for the monitoring and adWi ist SSSS Lion of this contract, including 'AV ens""°"a�ce and reporting P.E. w!!�",Ztt j fffff <«<i` Page 4 of 10 €rtttrrr �.`EEEEi� Exhibit 1 PERMANE . ,,, r41NAGE FACILITY EASEMENT AIIPA liiiil555� ccffl ,lull] iuur t 111b CCCCS E}lit iiii �`litttil` ss`�ss= c�ccc� z444444, O,, �lllli, "'�(fcc� milt, Page 5 of 10 Historic Handley Pipe Improvement Project 10018 Handley Drive Block Cl; Original Town of Handley STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT § CITY OF FORT WORTH 01 PERMANENT DRAINAGE FACILITY EASEMENT `EEE�Ei. DATE: :s GRANTOR: `i i"MtRISTORIC HANDLEY DEVELOPMENT CORPORATION EIIE €rtttrrr '"EEE€€ GRANTOR'S MAILING�AD k �'(including County): 3024 FO=,JT11EXAS �A NUE FORT W 76112 GRANTEE: CITY OF FORT IIORT «ttf SSSSSSSi""': GRANTEE'S MAILING ADDRESS (including 060nt' 200 TEXAS STREET FORT WORTH, TARRANT COUNTY „T 176102 lour CONSIDERATION: Ten Dollars ($10.00) and other good andalua consideration, the receipt and sufficiency of which is hereby acknowledged. ""''"""" PROPERTY: Being a portion of Block C1, Original Town of If`nei A4 ition, Tarrant County, Texas, as recorded In Instrument Number D207013044 RedPly Records, Tarrant County, Texas, and being more particularly described in the a,15xktibits "A" and "B." s- Grantor, for the consideration paid to Grantor and other good and valuable consider ' e by 0 grants, sells, and conveys to, Grantee, its successors and' assigns, an exclusive;``�'ier,�I easement for the construction, operation, maintenance, replacement, upgrade, and re����a;i� Permanent Drainage Facility, hereafter referred to as "Facility". The Facility includes all inside%`" underground and aboveground attachments, equipment and appurtenances, including, but'r of 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 Page 6 of 10 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 (1I) 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 hereun*provided, however, that Grantee shall not be obligated to restore or replace irrigation syster"or�##her improvements installed in violation of the provisions and intended use of this Easer� rty' .dw TO HAVE AN 0,` Q#M the above -described Easement Property, together with all and singular the rights and pur(aces thereto in anyway belonging unto Grantee, and Grantee's successors and a��r; and Grantor does hereby bind itself and its successors and assigns to warrant and''rer°cfend all and singular the Easement unto Grantee, its successors and assigns, against every pm+homsoever lawfully claiming or to claim the same, or any part thereof. .333333' liiiil555� . k' When the context requires, sing ularift'dnpohd pronouns include the plural. 11111] [SIGNATURES APPEARIfHE FOLLOWING PAGE] nSSii` lour t 1111. CCCCS E}iii ,iiiii 4444' "ilitttili ss`�ss= `€11i61 €c6c,. c�ccc . „z FFzr :,<,tttrr't3�1' .mt �lllli, "'�(fcc�iln jii : -? Page 7 of 10 GRANTOR: The'Historic Handley Development Corporation 02�&L�A 0- , an McClung President GRANTEE: City of Fort Worth 10 By (Signature): (Print Nam , Titl "IlIv ,,�'/%�AM", 4Vj APPR ccffl siiiiii«r'{� s (SignatUY FORM AND LEGALITY v (Print Name),`"' ;u�E Title iuur CCCCS E}iii ���� Er}}ttt}}r ss`�ss= `€11�61 €16iE. c�cccr 1111s�r,,,�Ettttt�'` ,Ettttjtttf�- `==zzFiiziir' .f15�'E111, \\,r}}}}}}} 400M y 111!l `{t Page 8 of 10 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 9f said The Historic Handley Development Corporation the purposes and consideration therel4f expl#sed and in the capacity therein stated. " t �UNPER MY HAND AND SEAL OF OFFICE this day of E E, Notary Public nd for the State of Texas i�oiary 11�1rd# € Mycommssion iipl Apr1111, 202 i«<. CKKi O, ILEDGEMENT eFF F cffl luau STATE OF TEXAS COUNTY OF TARRANT ,uur BEFORE ME, the undersigned authority, a Not ry P ic irk=I his day personally appeared Ttt5u Isj1514aF of the City of Fort Worth, known whose name i ubscrib to the foregoing instrument, and acknoW was the act of the City of Fort Worth and that he/she executed the s Fort Worth for the purposes and consideration therein expressed stated. tvt-- GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2014. �,;¢• �F: MARIAS, SANCHEZ ;;' ' .A1 My Notary ID # 2268490 Explros i3ecembor 19, 2021 for the State of Texas, on me `fb e the same person gl to me that the same am etas thb act of the City of and"`'_=rapacity therein fffff <«<i` Notary public In and for the We of Texas %%% Page 9 of 10 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 Develop t Corporation tract and being at the southwest corner of the intersection of the south right- of-way.3i, act st Lancaster Avenue (a variable width public right-of-way) and the west right-of-way line of;mb'Sget (an unimproved right-of-way) as shown on the plat of Handley Addition as recorde`i' V �e 40, Page 51 of the Deed Records, Tarrant County, Texas; THENCE S 14"1 '5't ; a't t@nce of 18.39 feet to the POINT OF BEGINNING; EIIE o ! rig �. � jlC1��s, THENCE 514 19 35+";"a°asnclltE€of 40.00 feet to a point, from which a 5/8 inch Iran rod found for the southeast property corned oil4id hits.toric Handley Development Corporation tract bears S 14`19'35"W, 10.73 feet; A,� THENCE N 75°38'06"W, a distance qI m etto a point; ttttti , tM' kv, THENCE N 13"45'43"E, a distance of 13: 46et,0"a point; r SSSSSSS<i""" THENCE N 79'04 54 W, a distance of 264.33 fe1"t4#?0oiQt in the east line of a 50 x 71,5 Drainage Easement recorded in Instrument Number D20704 587-' 'eal Property Records, Tarrant County, Texas; �yyyyyr THENCE N 14°19'35"E, along the said east easement Ilnr: a dist :of 20.04 feet to a paint; THENCE S 79604'54"E, departing said east easement line a disc if 413 feet to a point; THENCE N 13"45'43"E, a distance of 6.58 feet to a point; •'=iiiiiiiiEE.v'i' iii€3333. CCCCS'}iii ffrfi �4444' THENCE S 75°38'06"E, a distance of 196.98 feet to the POINT OF BEGINNIA"'40 c� wining 13,153 square fee r 0.302 acres of land, Gregory talo Regist a ofessional Land Surveyor Texas eglstratian Number 6389 Dated:04-03-2019 S:\PROJECTS`2015047.01 COFW Survey Services\2015047.05 Timberland_ Handley_Encanto Easements\Drawings\Easements\15047.05 DRAINAGE ESMT-1 legal.docx �ll11 Z 0 iiiii««<' Page 1 Page 10 of 10 1 PB rPOINT OF COMM LACING a s9 �3s w .EXHIBIT U YARMLE WIDI'H DRAINAGE EASEMENT' 5/8-INCH IRON POINT OF ROD FOUND (CM) /BEGINNING S14019'35"W 40.00' _ + �� 314'19'35•W ON ROD NCH 1RBFCNi (CM) �� �a A �,a .✓ '}' �-r� ~ ROD MUND N �� •S • 9TAIVID TRMSE' R00 fOUROflON !� �a ffffff � i 3I333jjj ,1II13 � , ,000CC' - EEEEi. :::IIIIf N13 4543 ,�itt�I 6,5$' • N13 4543E THE HISTORIC HANDLEY 13.40 DEVELOPMENT CORP. ts!!!!!f rjttth�rr�==, INST No. D207013044 ,¢tt?: •,IUl11ti VARIABLE WIDTH PROPOSED O.P.R.T.C.T. ry DRAINAGE EASEMENT AREA I — ARTEXHIBITEASEMENT h'. 13,153 SQUARE FEET I INST, No. 0216061665 T.C.T. ` rod`Iilpll'' OR 0.302 ACRES Cb ttttt� � «, V I� is ;riiip - G j� BLOCK SSSSt O HANDLEY ADDIJVN VOL. 40, PG'" 11;;55 o , R O.P. R.T.C.T.` N 14 1 S 35 E 20.04' 60'X71.5'DRAINAGEEASEMENT INST. No. D207043187 O.P.R.T.C.T. tttt I ««<catttriiiii�' ORT WaRTH """`r " - FFu II',�III � 1000 THROCKMORTON STREET FORT WORTH,,�1�: NOTES: '_' Rczzz;;,.;;:•..m;lr SS} I. LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PUT. �•! l- EXHIBITSi1014JNCrA ,]'? 2. BEARINGS REFERENCED TO THE TEXAS VARIABLE WIDTH DRAINAGE EASEMENT r � STATE PLANE COORDINATE SYSTEu,R' OUTOFATRACTDESCRIBEDTD jjj��j• 451�� NORTH CENTRAL ZONE. NM 'BJ. ALL Ii• �� DISTANCES ARE SURFACE DISTANCES. THE HISTORIC HANDLEY ••��4�•�- ••�?`•• J. (CM) CONTROLUNO MONUMENT DEVELOPMENT CORD .... ����` : • I RECORDED IN INSTRUMENT No.D207013044, REAL PROPEPTYRECORDS,TARRANTCOUNTY,TEXAS t.�'. OFE,�+L1V�Q• !((„ 1 SITUATED IN THE ��'i�' •-.::. C CITY OF FORT WORTH TARRANT COUNTY, TEXAS I � r EASEMENT AREA:13,153 SQUARE FEET OR 0.302 OF AN ACRES OF LAND DATE: 04/03/2019GREG J. CAVATAIO € REGISTERED PROFESSIONAL LAND t DRAWING: 15047.05 DRAINAGE ESMT-1 — REVE,DWG DRAWN BY: CSW (CHECKED BY: RWB SURVEYOR No. 6389 � —i1O39 TBPLS 10193890 p c 2018 SHIELD ENGINEERING GROUP, PLLC 1600 W 7TH ST #200 FORT WORTH, TEXAS 76147 (817) 810-0696 TBPE F SOSDirect Session Extended BUSINESS ORGANIZATIONS INQUIRY - VIEW ENTITY Filing Number: 156608501 Entity Type: Domestic Nonprofit Corporation Original Date of Filing: January 10, 2000 Entity Status: In existence Formation Date: N/A Non -Profit N/A Type: Tax ID: 17528577517 FEIN: Duration: Perpetual Name: THE HISTORIC HANDLEY DEVELOPMENT CORPORATION Address: 7617 CRAIG ST FORT WORTH, TX 76112-7303 USA ASSOCIATED REGISTERED AGENT FILING HISTORY NAMES MANAGEMENT ASSUMED NAMES ENTITIES Last Update Name Title Address January 28, 2016 Joann Ehlers Director 2937 Halbert St Fort Worth, TX 76112 USA January 28, 2016 Jean McClung Director 1744 Yolanda Dr Fort Worth, TX 76112 USA January 28, 2016 Larry Hoffman Director 3024 Forest Ave. Fort Worth, TX 76112 USA January 28, 2016 Rosewood Miller Director 3024 Forest Ave. Fort Worth, TX 76112 USA January 28, 2016 Judy Taylor Director 3024 Forest Ave. Fort Worth, TX 76112 USA January 28, 2016 Jean McClung President 3024 Forest Ave. Fort Worth, TX 76112 USA January 28, 2016 Rosewood Miller Vice -President 3024 Forest Ave. Fort Worth, TX 76112 USA January 28, 2016 Joann Ehlers Secretary 3024 Forest Ave. Fort Worth, TX 76112 USA January 28, 2016 Larry Hoffman Treasurer 3024 Forest Ave. Fort Worth, TX 76112 USA Order I Return to Search Instructions: 4 To place an order for additional information about a filing press the 'Order' button. NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVERS LICENSE NUMBER. GENERAL WARRANTY DEED Date: December 28, 2006 Grantor: Youghal Corporation Granfoj$'Mailing Address: P. D. Box I71491, Arlington, TX 76003 �- Granfeg>»>'`'`'" Historic Handley Development Corporati Grantees' Consideration: isess: 6515 E. Lancaster, Fort Worth, TX 76 Property (including any Reservations from and Lil Block C1, Original Town of Handle, Fort Wore, Tarrant County, Texas (1) Grantor, for the q"r"isj,4 exceptions to conveyance and together with all and singular the rigffts administrators, successors, or assigns executors, administrators, successors, lawfully claiming or to claim the same or from and exceptions to conveyance and w and subject to the reservations from and its, sells and conveys to Grantee the property, appurtenances thereto in any wise executors, r. Grantor binds Grantor and Grantor's heirs, (2) for Grantor and Grantor's heirs, successi of all oil, gas, and other minerals in and under an, Property, if the mineral estate is subject to existing I reservation includes the production, the lease, and all every person whomsoever except as to the reservations When the context requires, singular nouns and pronouns include the s forever, a reservation be produced from the f•' an existing lease, this C. Harrison, President �ia;jiffs "jllh. General Warranty Deed Page 1 c� ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned notary on this day personally appeared EDWARD C. HARRISON, on behalf of Youghal Corporation, proved to me through Social Security Number XXX-XX-5327 to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. A �!!PIVEN under my hand and seal of office this day of , 2006. Notary Public, State of Texas , My Commission Expires: H , \p- f( rfFFF%4'' ,s{ff��ffffff y4€yy¢yyyy 1tSSS,' [fffff, i 'ii�3ii''EErffffi'��� ,f33333fr sssssssss .ak General Warranty Deed Page 2 By: THE HISTORIC HANDLEY DEVELOPMENT COR 6515 E LANCASTER FT WORTH TX 76112 Submitter: CITY OF FORT WORTHIREAL PROPERTY - 001 ZCFN1 zEll��� SUZANNE HENDERSON TARRANT COUNTY CLERK 'kRRANT COUNTY COURTHOUSE fff"", J0 WEST WEATHERFORD `� NORTH, TX 76196-0401 "OT DESTROY WARNING - THIS IS PA!, , THE OFFICIAL RECORD. �lll >fffff n�EEE,tEEEEEs Fi d Far Registrations 01/101200T 03:53 PMrrr; \Ll««11 >?r!E Instrument #: D20701304411 WD 3' PG8i20.00 (C�ra CC<c� W ffffE' iSjjSSir D207013044 »» << ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR U OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR ,, RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. Signature: C a1:T-- Email: cannon.henry@fortworthtexas.gov