HomeMy WebLinkAboutContract 42467 f ' ■
CITY SECRUARY
CONTRACT NO-A 2.9 ImQa-
NO. 11-004415-3
CITY OF FORT WORTH § CONDEMNATION PROCEEDINGS
V. §
VERLO J. STRAND; ARLENE §
M. STRAND; CHESAPEAKE §
EXPLORATION, LLC; SUNOCO §
PIPELINE, LP; XTO ENERGY, § COUNTY COURT AT LAW NO. 3
INC.; CITY OF FORT WORTH; §
FORT WORTH INDEPENDENT §
SCHOOL DISTRICT; TARRANT §
COUNTY, TEXAS; TARRANT §
COUNTY REGIONAL WATER §
DISTRICT; JPS HOSPITAL §
DISTRICT; AND TARRANT §
COUNTY COLLEGE DISTRICT § TARRANT COUNTY, TEXAS
NEGOTIATED SETTLEMENT AGREEMENT
This agreement ("Agreement" or "Settlement Agreement") is made between the
City of Fort Worth ("City"), by its authorized Assistant City Manager, and Verlo J.
Strand and Arlene M. Strand ("Strands").
WHEREAS, the City is a home rule municipality of the State of Texas; and
WHEREAS, the City and the Strands are sometimes individually referred to as a
"Party" and collectively as the "Parties"; and
WHEREAS, the City filed suit against the Strands in Cause Number 11-004415 31
to condemn and acquire the tracts or parcels of land described in the on;City's petition; and
y � ,
'���,gotiated Settlement Agreement CITY SECRETAMM �
l
WHEREAS, three special commissioners were subsequently appointed ointed to preside
over and to hear the parties in this proceeding to determine the fair market value of the
land to be taken and the damages, if any, to the remainder; and
WHEREAS, the special commissioners assessed the value of the roe the City
p p �Y y
seeks at $344,,292.00; and
WHEREAS, the City and the Strands agree that bona ide disputes and
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controversies exist between them; and
WHEREAS, the City and the Strands desire to compromise and settle an y and all
claims and/or causes of action between the Parties; and
WHEREAS, the City has agreed to settle all disputes between it and the Strands
for the permanent drainage facility easement described in Exhibit A and depicted in
Exhibit B and the temporary construction easement described in Exhibit C and depicted
in Exhibit D by: (1) payment to the Strands of $344,292.00; (2) a ment to the Strands
p y
of $5,708.00 and permitting the Strands to pave with concrete the approaches to the
bridge on their property notwithstanding any contrary terms set forth in the p ermanent
drainage facility easement, the Strands agree to not pave in the new channel grading east
of the bridge; and (3) the Strands may install a curb cut limited to the manner depicted in
Exhibits E and F on the east side of the property south of the easement to allow access to
the corner from Beach; and
WHEREAS, this Agreement supersedes any previous agreements and contracts,,
and any such previously executed agreements or contracts, whether or nQj ex uted are
null and v old. OFFICIAL t�eCORD;
CITY -E- R ETARY
i
eg�#i #ed het#semen#A regimen#
FT. NORTH, TX
,,
�___ _ _� Noe 2
i
NOW, THEREFORE, in consideration of the recitals set forth above, the mutual
promises and agreements made herein, and other valuable consideration, the receipt and
sufficiency of which is acknowledged, the City and the Strands agree:
1. Recitals. The recitals contained in this Agreement: (a) are true and correct
as of its effective date; (b) form the basis upon which the Parties negotiated and entered
into this Agreement; and (c) reflect the final intent of the Parties with regard to the
subject matter of this Agreement. In the event it becomes necessary o interpret an
� � Y
provision of this Agreement, the intent of the Parties, as evidenced by the recitals shall
,
be taken into consideration and, to the maximum extent possible, g iven full effect. The
Parties have relied upon the recitals as part of the consideration for enterin g into this
Agreement.
2. Mutual Release. For and in consideration of the recitals set forth above and
the actions to be taken under the terms of this Settlement Agreement as described below
the Strands on the one hand and the City on the other hand do hereby RELEASE,
ACQUIT, and FOREVER DISCHARGE each other and their agents, servants
employees, executors, heirs, and assigns, and all persons, natural or corporate, i privity
� , n p Y
with it or any of said persons from any and all claims, demands, or causes of action of
any kind whatsoever, at common law, statutory, or otherwise, which they have now,
known or unknown, existing, directly or indirectly, attributable to the circumstances
made the basis of the above entitled and numbered cause of action, it being ntended b
g Y
the Settlement Agreement to RELEASE, ACQUIT, and F CHARGE all
F �� C o D
c k,tlnis of' any kind x�-hich the artier ni � � . 9• - C�, � .
z t ,ht have a gill � �. t ier asscrtc..d in
vVexH. TX
e,!)otiated Settlement Agreement _ Page 3
. J
the above entitled and numbered cause of action, or not. Each Party understands that this
release includes any attorney's fees or expenses and that no such fees or expenses shall
be available.
3. Dismissal of Case. The City and the Strands agree that a motion to dismiss
this case (in the form of the attached Exhibit G) will be presented to the Court, dismissing
all causes of action asserted by the City in the above cause and acknowledging that the
Strands are relinquishing any and all claims and/or causes of action that the Strands might
assert against the City because of this condemnation action. Further, the City and the
Strands agree that an order of dismissal (in the form of the attached Exhibit H) will be
presented to the Court to dismiss this case, taxing court costs against the City.
4. Consideration. For and in consideration of the recitals and releases set
forth above and other provisions set forth below, to fully and finally settle this lawsuit
and to obtain the property described in the "City of Fort Worth Permanent Drainage
g
Facility Easement and Temporary Construction Easement" that is attached as Exhibit I
and that is further described in Exhibits A. B, C, and D, all exhibits attached and
incorporated in this Agreement, the City agrees:
* To pay the Strands the total amount of $344,292.00 for the permanent
drainage facility easement and the temporary construction easement that
f
are further described in Exhibits A. B, C, and D;
* To pay the Strands $5,708.00 which the Strands have stated they will
use to pave with concrete the approa their property,
OFFICIAL RECORCI
h CITE` - ELRETARY
T. WORTH, TX
4
N (-3otiatcd Settlement AQreenient - -�- Page 4
the Strands agree to not pave inside the new channel grading east of the
bridge; and
* The City agrees to allow the Strands to install a curb cut on the east side
of the property south of the easement the City is acquirin g in this
Agreement to allow access to the corner from Beach, the Strands agree
that such curb cut installation shall only be constructed in accordance
with Exhibits E and F.
5. Easement Document. The Strands, at the signing of this Agreement, will
execute and deliver to the City an easement document conveyin g a permanent
ermanent
drainage facility easement and a temporary construction easement in the form attached as
Exhibit I. The document includes as an exhibit a survey and metes and bounds
description for the property that the Strands are conveying the City.
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6. Parties Bound. This Agreement shall be binding upon and inure to the
benefit of the Parties to this Agreement and their heirs, executors, administrators legal
representatives, successors, and assignees.
7. Prior Agreements Su erseded. This Agreement constitutes the only
agreement of the City and the Strands for settlement of any and all claims arisin g from
the condemnation action against the Strands; and it supersedes an prior understandings
s g
and written or oral agreements between the Parties respecting the settlement of this case.
8. Texas Law to Apply. This Agreement shall be construed under, and in
accordance with, the laws of the State of Texas, and a 'on o t e arties created
hv this Agreement are perfori-nahle in Tarrant ( oLlnt�. o Y
1
I�e�otiated Settlement ;1�reopent Vaue 5
h
9. Legal_ Construction. If any of the provisions contained in this Agreement
shall for any reason be held to be invalid, illegal, or unenforceable, the invalidity,
illegality, or unenforceability shall not affect any other provision of this Agreement, and
this Agreement shall be construed as if the invalid, illegal, or unenforceable p rovision
had not been included in the Agreement.
10. Remedies. If either Party commits a breach of this Agreement, the non-
breaching Party may, in its sole discretion, and without prejudice to any other right under
this Agreement, law, or equity, seek any relief available at lave or in equity, includin but
including,
not limited to, an action under the Uniform Declaratory Judgment Act, specific
performance, mandamus, and injunctive relief; provided, however, that the non-breaching
Party shall not be entitled to terminate this Agreement. The Parties specifically waive
any right that they have or in the future may have to terminate this Agreement. In
addition, the prevailing party in any such action shall be entitled to reasonable attorney's
fees and costs of litigation as determined in a final,, non-appealable order in a court of
competent jurisdiction.
11. Amendment. No amendment, modification, or alteration of the terms of
this Agreement shall be binding unless it is in writing, dated subsequent to the date of this
Agreement, and duly executed by the City and the Strands.
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12. Payment. Payment shall be made to Verlo J. Strand and Arlene M. Strand
within thirty (30) days of the execution of this Agreement by all Parties.
0 FF1%1 AL R �� �
5 i
yIT SE c E i ARY .
Negotiated Settle ment Acv reement r "a e
Executed and effective on the day of October, 2011, at Fort Worth, Tarrant
County, Texas.
Verlo J. Strand
Arlene M. Strand
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, Notary Public in and for the State of
Texas, on this day personally appeared Verlo J. Strand, known to me 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, and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this It 44%ft da y of October,
2011.
�, STEPHEN X WESTERMANN
NOTARY PUBUO
STATE OF TEXAS Notary Public in and for the State of Texas
MY COMM.EXP.7/1412414
OFFRCAIA . RECORD
CITY rTARY .I
'FT. WORTH, TX
F
Ne otiated Settlement Agreement _ _ _ Page 7
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, Notary Public in and for the State of
Texas, on this day personally appeared Arlene M. Strand, known to me 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, and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ti 44% day of October,
2011.
STEPHEN X WESTERMANN
NOTARY PtJBUC
STATE�F TEXAS Notary Public in and for the State of Texas
OF MY COMM,EXP.7/141014
APPROVED AS FORM AND LEGALITY:
Christopher B. Mosley
Senior Assistant City Attorney
City of Fort Worth
1 000 Throckmorton Street
Fort Worth, Texas 76102
(817) 392-7600
Attorney for Petitioner
I AL RECORD
CIS
x�ETAIRY ;
T"H "
Nei�o iated Setthoment Agreement Page 8
a r
APPROVED AS To FORM:
Jim L anter
Lanter Westermann P.C.
226 Bailey Avenue, Suite 100
Fort Worth, Texas 76107
(817) 335-0400
Attorney for Defendants
ATTEST:
THE CITY of FORT WORTH
By: Fernando Costa
Assistant City Manager
r � 0000000
�0 By: Mary H drix Q a¢Cit Secretary 0 a
° �v0 �Q 000000o4� C'"4'i
,
d�
STATE of TEXAS
§
§
COUNTY of TARRANT §
BEFORE ME, the undersigned authority, Notary Public in and for the State of
r
Texas, on this day personally appeared Fernando Costa, Assistant City Manager to the
City of Fort Worth, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to inai ne execut the same for the
OFFI�IAL RECORD
pi-irposcs and consideration therein expressed. a4 6c grein stated.
E
-T. WORTil, TX
Negotiated Settlement A-,olieemellt ra(xe 9
r)
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of October,
2011.
Notary Public in and for the State of Texas
EVONIA DANIELS
MY COMMISSION EXPIRES
July 10,2013
OFF"w"IAL RECORD
CITY '*JAKY ;
rT. *0%4 F'TH4 'TX
T
�.N'ego inted SettlemenjA(.yt�t�mcqt _.___----__--- Page 10
EXHIBIT A
DRAINAGE EASEMENT
A strip of land, being a portion of Lot 2, Block 1 tilllill
. by Plat retarded in Volume 388-142, P � William McGowan Subdivision, shown
conveyed to Versa J. Strand age �7, Plat Records of Tarrant County, Texas,
and wife, Arlene M. Strand by deed recorded in Vole
12927. Page 449, Reed Records of Tarrant County, e
more particularly described b mete tY Texas, said strip of land being
y sand bounds as follows:
Commencing at the northeast comer of said Lot
Keller Hicks Middle School Addition �� on the west line of Lot �, Block 1,
County, Texas, shown b is an addition to the City of Fort Worth, Tarrant
from which a foe Y plat recorded in Cabinet A. Slide 10642 of said Plat Records,
rid 5/8 inch iron rod bears West, 0.43 feet and a 518 i
cap stamped "TNP" found at the northwest comer of said nth :ion rod with
Middle School Addition bears North 00°12607" Lot 2, Block f, Keller Hicks
V11est,695.54 feet;
Thence South 44°1 2'07" East, with the common Tine of said lets, a distance of 436.05
feet to the Point of Beginning for the strip of land herein described;
Thence South 00°12'07"East, continuing with said line,
north comer of a tract of land conveyed to a distance of 283.37'feet to the
Golden Triangle Boulevard and N y the City of Fort Worth (right-of-way for
North Beach Street} by deed recorded as Instrument
h!o• 02091531 70 in said Deed Records, at the beginning 9 nning of curve to the left, having a
radius of 1950,pg feet and a chord that bears South 09°27'45"UVest,4.27 feet and from
which a 518 inch iron rod with cap stamped"TNP"f
2, Block 1,Keller Hicks Middle School Addition °end at the south comer of said Lot
ton bears South 00°12'0?"East, 92.46 feet;
Thence southwesterly, along said night-of-way line and
angle of 0o°1 3'59", an arc length of 4.2T fee said curve, through a central
t to a point for comer;
Thence South 84 004'13" West, departing aid d
feet to the west ling of said Lot 2 Block g right-of- Tine, a distance of 237'.27
ck 1.William 1ti►IcCowan Subdivision;
Thence North 40°13'oD" West, with said line.ine a list once of 63.23 feet to a point for
Thence fVvr#h 85 056'55"East, departing said line, a
comer at the beginning of curve to the distance of 19.68 feat to a point for
that bears North 4g°43'SO" left, having a radius of 8�.9� feet and a chord
East, 54.54 feet;
Thence northeasterly, along said curve, through a
9 central angle of 72°2S'12", an arc
length of 141-14 feet to a
point for comer;
Thence North 13°30'44~ East, a distance of 37.27
beginning of curve to the right, Navin feet to a Point for corner at the
North 39°53'15•East, t 88.58 feet;
9 a radius of 2 t 9.09 feet and a chord that bears
et,
Thx:nCe northeasterly, along said cur;R through 3 Central angle of 52'45,D2", in arc
1--4n jth of 193 '14 fNpt ►o 3 �-,-oint for correr;
'r c8 ,lorth ob'15�-t6• East, � r�f5#. � ,e
et of IS eet to tt-e Point of Beginning -ind
(:crtajnirg 4 9.16 .-)crg of r.ird, rrrora or fuss.
-""r.').9 W-6 s9Q on�h9 T�r.�s St It8 P1,)r7 a Coc rd.17ate 3), aM. NOfth Can r
t a!ZQnB,NAD93).
Lawrence E. Attee• RPLS
Texas Registration No. 4570
t� ••d-F l
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r r te--lam r � ` ......�......._..._.�..
�xi�i1) t •x�-
ROBERT PAUL BELTRAM ETUx 'AT N-W. COR. LOT 2
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VOL. 6825, PG. 689, D.R.T.C.T. EXHIBIT "B" LINE TABLF
iL2 BEARING DISTANCE
a. sr P.0•G i -N1 • '440 7,
L3 - 17,290
C URV�E TABLE
CURVE LENGTH RADIUS DELTA CHORD BEARING CHQRO
C1 1 1 14' 72026•1
C2 1 1 4 . N4 4 94.54"
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NOTES.- � A C4 w
I. Bearings are bawd on the Texas 3/8-CIRF o7wp• r
State plane Coardinote System, CITY OF FORT 1+ORTH
North Central Ion■ (W83). INST, NO. 0210077903
CITY OF FORT WORTH � � 0.R.T.C.T.
2. Integral ports of this surrey: INST. N0. D209133170 f
a. L egol Description D.R.T C.T. #
I
b. sketch �
._...........................
..^....1...........
►�............
-...._._..-
casE�I T,�i' ' Lot IFIt1.
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F••.r ; 0.94
ACRE
DRAINAGE EASEMENT
:l. r-3 rlrg E. A!lee, R o.L.S. LAGNC X c Ail ; a portion of
3 Lot 2, Block 1
MA C U WKINS
r.�' •1 r1. 'GOO 'f
.r a cL
./ Y.c�.r1.y
TEMPORARY CONSTRUCTION EASEMENT
A strip of land, being a portion of Lot 2, Black 1, William McCowan Subdivision,
by Plat recorded in Volume 388-142, Page 17 Plat Re Shawn
conveyed to Veda J. Strand and 9 cards of Tarrant County, Texas,
wife, Adene M. Strand by deed recorded in Volume
12927, Page 449, Geed Records of Tarrant County, Texas said '
more particularly described b me tY strip of land being
y metes and bounds as follows:
Commencing at the northeast comer of said Lot 2, on the west lin
Koller Hicks Middle School Addition, an addition a of Lot 2, Block 1,
tat record to the City of Fort Worth, Tarrant
County,Texas, shown by P recorded in Cabinet A, Slide 10642 of said Plat Records,
from which a found 518 inch iron rod bears West, 0.43 feet and a 5!$ inch .
cap stamped " rn
TNP"found at the northwest comer iron rod with
of said Lot 2, Block 1, Keller Hicks
Middle School Addition bears North 00'12'07"West, 895.54 feet
Thence South 00`12'07" East, with the common line of said lots
feet to the north comer of a tract of land conveyed#a# • a distance of 719.42
for Golden Triangle Boulevard and Y he City of Fort Worth(right-of-way
North Beach Street)by deed recorded as Instrument
No. D209153170 in said Deed Records, at the b innln of cure
radius of 1t]50.0t]feet and a chord that bears � g e to the left, having a
which a 518 inch Iran rod with ouk 09`27'45"West, 4.27 feet and from
#h cap stamped "TNP"found at the south comer of said Lot
2, Block 1, Keller Hicks Middle School Addition bears South 00.12' °
07 East, 92.45 feet;
Thence along said right-of--way line the fallowing courses and distances.-
Southwesterly, along said curve, through a central angle of 0o°
length of 4.27 feet to the Paint of Be Inn1 g 13 59", an arc
described; '9 n9 for the strip of land herein
Southwesterly, along said curve, (radius = 1050.00 feet and
07 47 58 West,58.88 feet through a central an chord South
58.89 feet to a point at the beginning'g• angle of 3°05'38", an arc length of
radius of 188.00 feet an of a reverse curve #o the right, having a
d a chord that bears South 18 18'55"West,53.12 feet;
Southwesterly, along said curve, through a central angle of
length of 83.43 feet to a point for comer, 9 19'032'210, an arc
i
South 45°23'17"West,a distance of 32.87 feet to a oint for comer,
er,
Thence North 00°1 2'07"West, departing said ri ht-of way lin
to a point for comer; g Y e, a distance of 94.52 feet
Thence South 84°04'13" West, a distance of 187.73 feet to '
said Lot 2,Black 1,William McCowan Subdivision,-
a point on the west line of
Thence North 00°1100"West. a distance of 40.20 feet to a oint for p o comer,
Thence +'lorth 834"CT 1.3' E.i it. I tt+stance of 237 27 f'dat to tl�13 Pal
onf:ifnirgO 2.32 _-icr,)rl.ird. r'ore cr loss nt of Beglnntnq .�n+�
4.jr g3 fir@ tjs,�*j on 11,g Tex is P-lne Cocr:+rr?�f� SyStHrn, '1-rth C tr-v Z+
Lawrence E. Allee, RPLS
Texas Registration No. 4570
of l
4Fr4�� �,
Date A u t u it 11 x .—..,_.....�.......,.,a...
y •• 10 t Aj i�[
' � cat. gar x
ROBERT PAUL BELTRAM ETU�f rrrP-AT a.
VOL. 6825, PG. 689, D.R.T.C.T. UNE TABLE
UNE BEARING DISTANCE
.... P•o.c L1 a .
���gar a■� L3
.w a
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CURVE TA eLE
CURVE LENGTH RADIUS DELTA CHORD BEARING CHORD
C1 � 1
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SCALE: 0 100' V)ui Z C4 ��00 CL � �0
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NOTES: A .73'
1. Baarings are based on the Texvs � 584 4 t 3 W 187 t� C2 (x�re'u�'�`
State Plone Coordinate System, r.l CITY OF FORT WORTH
North Central Ion* (NA083), INST. NO, 0210072903
CITY OF FORT WORTH D.R.T.C.T,
T. Integral parts of this survey: INST. NO. 0209153170 Nv
a. Legal Description 0.R.T.C.T.
b. Sketch4
acev
�� �'r�.►e�.4E;E lH 1 T�-cA r)
8.282 ACRE
4Tr01ITri • TEMPORARY CONSTRUCTION
novrence I EASEMENT
zs �
r-'x�3 E. Al, e: R.P.�,S.
A portion of Lot 2, Block I
,q-�.�,;trot on 'i n .157� ••,�........,........._..... .-
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NO. 11-004415-3
CITY OF FORT WORTH § CONDEMNATION PROCEEDINGS
V. §
VERLO J. STRAND; ARLENE §
M. STRAND; CHESAPEAKE §
EXPLORATION, LLC; SUNOCO §
PIPELINE, LP; PTO ENERGY, § COUNTY COURT AT LAW NO. 3
INC'.; CITY OF FORT WORTH; §
FORT WORTH INDEPENDENT §
SCHOOL DISTRICT; TARRANT §
COUNTY,TEXAS; TARRANT §
COUNTY REGIONAL WATER, §
DISTRICT; JPS HOSPITAL §
DISTRICT; AND TARRANT §
COUNTY COLLEGE DISTRICT § TARRANT COUNTY, TEXAS
MOTION TO DISMISS
TO THE HONORABLE JUDGE OF SAID COURT:
The City of Fart Worth, Petitioner, moves the Court for an order dismissing the
case against all defendants in this lawsuit. The City asserts that all matters at controversy
have been fully and finally agreed upon and settled. The City and the Strands have
entered into a negotiated settlement agreement. A true and correct copy of the fully
executed settlement agreement will be filed with the court.
Therefore, petitioner and defendants request the Court to render an order
dismissing Petitioner's suit at Petitioner's casts.
Strand - Motion to Dismiss Page 1 of 3
Respectfully submitted,
CHRISTOPHER B. MD SLEY
Senior Assistant City Attorney
State Bar No. 00789505
Email: chris.mosley ,fortworthgov.org
THEODORE P. GORSKI, JR.
Senior Assistant City Attorney
State Bar No. 08221 000
Email: ted. orsk ortworth ov.or
Attorneys for Petitioner
CITY OF FORT WORTH
1000 Throckmorton Street
Fort Worth, Texas 76102
(817) 392-7600
(817) 392-83591Fax
CERTIFICATE of SERVICE
I certify that on the day of October, 2011, I sent a copy of this instrument
by messenger, by United States mail, return receipt requested, by private delivery service,
or by telecopier to the individual(s) listed below.
Verlo J. Strand and Arlene M. Strand
4335 Golden Triangle Boulevard
Fort Worth, Texas 76244-6319
w
Chesapeake Exploration, LLC
c/o CT Corporation System
350 North St. Paul Street, Suite 2900
Dallas, Texas 75201
Strand-- Motion to Dismiss Page 2 of 3
r
Sunoco Pipeline, LP
c/o Sunoco Logistics Partners Operations GP, LLC
CT Corporation System
1021 Main Street, Suite 1150
Houston, Texas 77002
XTO Energy, Inc.
c/o CSC-Lawyers Incorporating Service Company
211 East 7t` Street, Suite 620
Austin, Texas 78701-3218
Stephen T. Meeks
Linebarger, Goggan, Blair & Sampson, L.L.P.
100 Throckmorton Street, Suite 300
Fort Worth, Texas 76102-5113
Christopher B. Mosley
}
5traud - M-.)tion to Dismiss }=ale 3 of 3
No. 11-004415-3
CITY OF FORT NORTH § CONDEMNATION PROCEEDINGS
V. §
VERLO J. STRAND; ARLENE §
M. STRAND; CHESAPEAKE §
EXPLORATION, LLC; SUNOCO §
PIPELINE, LP; XTO ENERGY, § COUNTY COURT AT LAW NO. 3
INC.; CITY OF FORT WORTH; §
FORT WORTH INDEPENDENT §
SCHOOL DISTRICT; TARRANT §
COUNTY, TEXAS; TARRANT §
COUNTY REGIONAL WATER §
DISTRICT; JPS HOSPITAL §
DISTRICT; AND TARRANT §
COUNTY COLLEGE DISTRICT § TARRANT COUNTY, TEXAS
ORDER OF DISMISSAL
On this date, the court considered the Motion to Dismiss and is of the opinion and
finds that it should be granted.
Therefore, it is ordered that the motion be granted and that the case be and it is
hereby dismissed; that it is removed from the docket of the court; and that all costs
incurred be taxed against the petitioner for which let execution issue.
Signed the day of October, 2011.
0
JUDGE PRESIDING
Exhibit H
f
North Beach St, Keller-Hicks to Golden Triangle
Parcel # 11&12
Doe#6508
4335 Golden Triangle Blvd
Lot-2 Blk-'I William McCowan Subdivision
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT §
CITY OF FORT WORTH
PERMANENT DRAINAGE FACILITY EASEMENT
AND TEMPORARY CONSTRUCTION EASEMENT
DATE:
GRANTOR: Verlo J. and Arlene M. Strand
GRANTOR'S MAILING ADDRESS (including County):
GRANTEE: CITY OF FORT WORTH
GRANTEE'S MAILING ADDRESS (including County):
1000 THROCKMORTON ST.
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: A strip of land, being a portion of Lot 2, Block 1, William McCowan Subdivision,
shown by plat recorded in volume 388-142, Page 17, Plat Records of Tarrant County, Texas,
conveyed to Verio J. Strand and wife, Arlene M. Strand by deed recorded in Volume 12927, Page
449, Deed Records of Tarrant County, Texas, said strip of land being more particularly described in,
Exhibits A and B Permanent Drainage Facility Easement (.946 acre) and Exhibits C and D
Temporary Construction Easement (.282 acre).
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
PERMANENT DRAINAGE FACILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT
Rev 05/12/2010
tixhibit I
1 `
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 Property and more fully described in Exhibits
"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 Property, or any part thereof, for the purpose of
constructing, operating, maintaining, replacing, upgrading, and repairing said Facility; and a
temporary construction easement, as described in Exhibits "A-1 n and "13-11", attached hereto and
made a part hereof, to use in connection with the construction of said Facility, said temporary
construction easement to expire upon completion of construction and acceptance by Grantee of
said Facility.
In no event shall Grantor (I) use the 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 storm drain and its appurtenances other than the currently existing bridge
over the area in which the Facility is to be constructed, pavement of the approaches to the bridge,
however Grantor shall not pave inside the new channel grading east of the bridge, and any
replacement bridge. Grantee shall be obligated to (i) restore the surface of the Property at
Grantee's sole cost and expense, including the restoration of any sidewalks, driveways, bridge or
similar surface improvements located upon or adjacent to the Easement which may have been
removed, relocated, altered, damaged, or destroyed as a result of the Grantee's use of the
easement granted hereunder, and (ii) preserve Grantors' vehicular and pedestrian access to the
property on both sides of the Facility during construction and thereafter; 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 other than the currently
existing or any replacement bridge over the Facility.
TO HAVE AND TO HOLD the above-described permanent easement, 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 themselves and their successors and assigns to
warrant and forever defend all and singular the easement unto Grantee, its successor and assigns,
against every person claiming through Grantors whomsoever lawfully claiming or to claim the same,
or any part thereof.
TO HAVE AND TO HOLD the above described temporary construction easement, together with, all
and singular, the rights and appurtenances thereto in anyway belonging unto Grantee, and
Grantee's successors and assigns until the completion of construction and acceptance by Grantee.
Grantor hereby bind themselves, their heirs, successors, and assigns, to warrant and defend, all
and singular, said easement unto Grantee, its successors and assigns, against every person
claiming through Grantors whomsoever lawfully claiming or to claim the same, or any part thereof.
When the context requires, singular nouns and pronouns include the plural.
Under Subchapter E of the Texas Property Code, as amended, the Grantor or the Grantor's heirs,
successors, or assigns may be entitled before the 10" anniversary of the date of this acquisition to
repurchase the property or request certain information about the use and any actual progress made
toward the use for which the property was acquired under this deed/easement/named instrument,
and the repurchase price will be the price the City paid Grantor in this acquisition.
PERMANENT DRAINAGE FACILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT
Rev 05+l212010
GRANTOR: GRANTEE: City of Fort Worth
Verlo J. Strand Fernando Costa
Assistant City Manager
APPROVED AS TO FORM AND LEGALITY
GRANTOR:
Arlene M. Strand Assistant City Attorney
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 : 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 and that he/she executed the same as
the act of said for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
.. ,
20
Notary Public in and for the State of Texas
PERMANENT DRAINAGE FACILITY EASEMENT AND TEMPORARY CON STRUCT[ON EASEMENT
Rev 051 12120 1 0
4
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 , 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 and that he/she executed the same as
the act of said for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
20
Notary Public in and for the State of Texas
f
PERMANENT DRAINAGE FACILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT
F:ev 054,12120110
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 Fernando Costa, 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 Fork 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
20...,_.._.•
Notary Public in and for the State of Texas
k
PERMANENT DRAINAGE FACILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT
Rev 05i1212010
EXHIBIT A
DRAINAGE EASEMENT
A strip of land, being a portion of Lot 2, Block 1 William
by Plat recorded in Volume 388-142 p McGowan Subdivision, shown
conveyed to Vedo J. Strand age �7, plat Retards of Tarrant County, Texas,
�2g27, Page 44 and wife, Arlene M. Strand by deed recorded in Volume
9 9, deed Records of Tarrant County, Texas said
more particularly described by metes and bounds as follows: strip of land being
Commencing at the northeast corner of said Lot
2, on the west line of Lot 2, Block 1,
Keller Hicks Middle School Addition, an addition to the City of Fart Worth, Tarrant
County, Texas, shown by plat recorded in Gabine
from which a found 518 inch iron rod t A. Slide 14542 of said Plat Records,
bears West 4.43 feet and a 518 Inch iron rod with
cap stamped ~TNp"found at the northwest corner of said
Middle School Addition bears North 44012'07" Lot 2, Block �, Keller Hicks
West, fi95.54 feet;
Thence South 00'012"07" East, with the common Ii
for the stri ne of said lets, a distance of 436•05
feet to the Paint of Beginning p of land herein described;
Thence South 44°1 2'D7"East, continuing ith '
9 said line, a distance of 283.37 feet to the
north comer of a tract of land conveyed to the City of Fort Worth (right-of-way for
Golden Triangle Boulevard and North Beach Street) by deed recorded as instrument
No. D209153174 in said Deed Records, at the beginning of curve to the left, having a
radius of 1050.00 feet and a chord that bears South
9
which a 518 inch iron rod with cap 49°2 ,45"West, 4.27 feet and from
2,Block 1,Keller Hicks Middle P "TIUP�found at the south comer of said Lot
School Addition bears South DQ°12'07"East 9248 f
, . feet-
Thence southwesterly, along said right-of-way line and fin •
angle of 00'0 1 3'59", an arc length of 4.27 feet to a said curve, through a central
point for comer;
Thence South 84'004'130 Wei, departing
feet to the west line of said Lot P 9 said right-of-way line, a distance of 237,27
2,Block ?,William McGowan Subdivision;
Thence North D0°13�Dp" West, with said line a di
comer, , stance of 83,23 feet to a point for
Thence North 85 055'55"East, departing said line a '
comer at the beginning of curse to the distance of 19.58 feet to a Point for
left, having a radius of 84.44 feet and a chord
that bears North 49°43'50"
East, 94.54 feet;
Thence northeasterly, along said curve, through
length of 101.14 feet to a 9 a central angle of 72°2fi'12", an arc
paint for comer;
Thence North 13°30'44k East, a distance of 37.
beginning of curve to the right, Navin 2? feet to a point far corner at the
North 39°53'1 5"East 186.58 9 g a radius of 214.44 feet and a chard that bears
feet,
Thence northeasterly, ,along said cur.,e• through
`t'r('th of 193 3#4 f,z , 3 centrgi angle of 52'15 02', ,in arc
� et •o �point for�:r;rrpr;
Fh,ence North :6'15'40 i=.�st• 3 f�istance of 17-21
ccntafnirg D 946 acre ref Vir�d• more or!e $ ''�►t to the Point of �eglnning �noj
�SS.
Se-wrgx Ira Cased are fire Tiar.js Sjjte Fljre Cr0rdf(7a1&Sysj&rn. plofih
Central ZLre(I'IA083),
Lawrence E.Allee• RPLS
Texas Registration No. 4510
t���•� r
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ROBERT PAUL BELTRAM ETUX 7KL3NI4 N.W. GC' LOT 2 '#
VOL. 6825, PC. 689. D.R.T.C.T. EXHIBIT "B" LINE TABLE
BEARING DISTANCE
3 e e.w ++�sr P•QG f '44' 7.
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CURV E TABLE 17?FV
1K.27"�rCTH RADIUS DELTA CHORD BEARING CHORD
1 14' 7 ■1
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NOTES: 0% W
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Bearings are biased on the Texas
sIe'aer�n�IP' �. CITY OF State Plane Coordinate System, FORT WORTH
North Central Zone (NA083), INST. NO. 0210072943
C1 TY OF FOR T WOR TH f 0.R.T.C.T.
Z. Integral parts of this survey: INST. NO, 0209153170 ! _
o. LeQCf1 G'escription
O.R.T.C.T. :
b. Sketch
r
6afEN MAN 8L X.
*~dr .°-F..,r 0.946 ACRE
+ d DRAINAGE EASEMENT
renr_A E. A."'o-.2 R P.L 3. u�c � portion of
-• Lot 20 BIoCk
k 4 4511 +} f Oki rn �.���' ry,n c;+, n
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'•'�iE,r r? �
TEMPORARY CONSTRUCTION EASEMENT r
A strip of land, being a portion of Lot 2, Block 1, William McCowan Subdivision,.a Pla shown
by plat recorded in Volume 358-142, Pa 1T
9 t Records of Tarrant County, Texas
conveyed to Verlo J. Strand and wife, Arlene M. Strand by deed recorded i
12927, Page 449, Deed Records of Tarrant County, n Volume
more particularly described b rn �� as, said strip of land being
y metes and bounds as follows;
Commencing at the northeast comer of said Lot 2, on the west line of
Koller Hicks Middle School Addition, an addition t t Lot�, Block 1,
County,Texas, shown lot re ° he ��� of Fort Worth, Tarrant
from y P corded in Cabinet A. Slide 10642 of said Plat Records
°m which a found 518 Inch iron rod bears West, 0.43 feet and a 518 inch it '
cap stamped "TNP• found at the northwest corner of said Lot n rod with
Middle School Addition bears North 00.12'Q7" t�� Block 1� Keller l-iickg
West, 695.54 feet;
Thence South 00°12'07• East, with the common line of said lots a i
feet to the north comer of a tract of land conveyed distance of 719.42
for Golden Triangle Boulevard y�to the City of Fort Worth (right-of-way
9 and North Beach Street)by deed recorded as Instrument
No. D209153170 In said Deed Records, at the beginning f curve to t
radius of 1050.00 feet and a chard that bears South he Left, having a
which a 5!8 inch iron rod with th 09�27�45�West,4.27 feet and from
cap stamped"TNP"found at the south comer of said Lot
2, Block 1, Keller Hicks Middle School Addition bears South 00°12'07"
East,92.48 feet;
Thence along said right-of-way line the fallowing courses and distances
Southwesterly, along said curve, through a central angle of 00.13' •
length of 4.27 feet to the Paint of Be innin g 59 , an arc
described; Beginning for the strip of land herein
Southwesterly, along said curve, (radius = 1050.00 feet and chord
x7.47'58•West, 58.68 feet) through a central angle = South
9 e of 3°05'30", an arc length of
56.69 feet to a paint at the beginning of a reverse curve to the right, having a
radius of 186.00 feet
and a chord that bears South 16°16'55"Vilest,63.12 feet;
Southwesterly, along said curve, through a central angle of 19.3 '
length of 63.43 feet to a point for comer, 9 2 21•, an arc
I
South 45°2317"West, a distance of 32.87 feet to a point for comer,
Thence North 00°12'07"West, departing said right-of-way ine
to a point for corner; Y a distance of 94.52 feet
Thence South 84°04'13" West, a distance of 187.73 feet to a oin
said Lot 2,Block 1,William McGowan Subdivision;
p ton the west line of
Thence North 00'13'00*West, a distance of 40.20 feet to a int for or comer.
Thence North 84"C413' E33t, 3 distance of 237 27 Niet to the Point
containing 0 282 acre of lard. more or less of Beglnnin9 and
39Jnnp Jra t,43Od On ft,ol Tex)s St-We Pans Cccrdin its Sy item.�icrfh cdntr-4l Zcns(NA od3
Lawrence E.Allee, RPLS
Texas Registration No.4570
OF
40
Date- Au u -Y01
...r......... 1..
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ExtiI b It r,-Jeol
FS4,l sTCC- 3' 'rf
A.
ROBERT PAUL BELTRAM ETUX
VOL. 6825, PG. 689, B.R.T.C.T. fi LINE TABLE
LINE BEARING DISTANCE
_.._ _._. PAC L1 � . 7-
s/e" a 43' WEST
L3 N -W
L3 52-
CURVE TABLE
CURVE LENGTH RADIUS DELTA CHORD AF.ARING CHGR�
Cl- , 1 • Y050 15M SOr47 M58.680
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1. Bearings or■ bas*d on the Texas C2 5/30CIRF OTC"
5to#s Pions Coordinate System, � CITY OF FORT WORTH
� INST. NO. 0210072903
North C entrol Ion■ (HA083). CITY OF FORT WORTH 0.R.T.C.T.
2. Integral parts of this survey: INST. NO. 02091 53170 %P
a. Legal Description D.R.T.C.T.
e. Sketch 4
��I lRl�'VG7.aE" BL VD.
r 0.282 ,ACRE
f ..•-°-- ••r� TEMPORARY CONSTRUCTION'
EASEMENT
❑wre�CA E. A.,,Ae, R.p �' f
r �3 ;�a,� itfr)t �r1 �j�, z�,r� ..,� _..........._. A portion of Lot 2, Block 2
4570
yr r.4f-(1 )H']n
]n
TFAC Exhibit PERKINS
�'�... tx Tx rRrn9
FORTWORTH
CHRISTOPHER B.MOSLEY DIRECT DIAL: (817)392-7603
ASSISTANT CITY ATTORNEY CHRIS.MO5LEY @FORTWORTHGOV.ORG
October 17, 2011
Ms. Marty Hendrix, City Secretary
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 75102
Re: Cause No. 11-004415-3;
City of Fort Worth v. Verlo J. Strand, et al.
4335 Golden Triangle Boulevard, Fort Worth, Texas
Dear Marty:
I enclose the originally signed Negotiated Settlement Agreement regarding the
settlement between the City of Fort Worth and the Strands for filing in the City
Secretary's Office. Please sign the agreement where indicated and return to me a fully
executed copy. While the Office of the City Attorney will keep a copy of this document,
I think it is best that the City Secretary's Office keep the original document in its files.
Please place the agreement in your files for safekeeping and easy access.
Thank you for your time and attention to this matter.
If you have concerns or questions, please call me directly at extension 7503.
Sin ely, ;f
Christopher B. Mosley
CBM:ac
Enclosure
I iort VNorth
b3ftd OFFICE OF THE CITY ATTORNEY
The City of Fort Worth * 1000 Throckmorton Street* Fort Worth, Texas 76102
817-392-7600*Fax 817-392-8359
1 4h4 1440%