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HomeMy WebLinkAboutContract 38731-A1 CITY SECRETARY ` CONTRACT No. FIRST AMENDMENT TO STORM WATER FACILITY MAINTENANCE AGREEMENT THIS FIRST AMENDMENT TO STORM WATER MAINTENANCE AGREEMENT(this"First Amendment")is made and entered into as of this 22nd day of November,2011,by and between Industrial Developments International(Texas),L.P. acting by and through ID International(Texas), Inc., its sole general partner("IDI TV),Industrial Developments International,Inc.("IDI"), Speedway Distribution Center B,LLC("Speedway"),General Electric Company, a New York corporation,doing business through its GE Transportation business division("GE")(IDI TX, IDI, Speedway and GE are collectively referred to herein as"Landowners"and individually as a"Landowner"),the Speedway Distribution Center Owners' Association,Inc.,hereinafter referred to as"Association"and the City of Fort Worth,hereinafter referred to as"City". BACKGROUND A. IDI TX,Association and City entered into that certain Storm Water Facility Maintenance Agreement dated May 4,2009,recorded as Instrument Number 2009-77125 in the Denton County Clerk's office(the"Agreement")respecting obligations of IDI TX and the Association(and their successors and assigns)related to Stone Water Maintenance Facilities to be installed an maintained on portions of the Property(as defined in the Agreement). B. IDI, Speedway and GE have acquired portions of the Property, and thus are now parties to the Agreement,each as a Landowner. C. The parties desire to modify the Agreement to address additional portions of the Facility to be constructed by the Landowners, and to be subject to the Agreement,as set forth herein. STATEMENT OF AGREEMENT NOW,THEREFORE, in consideration of the foregoing premises,the mutual covenants contained herein,and the following terms and conditions,the parties hereto agree as follows: 1. Defined Terms. All defined terms used herein and not separately defined herein shall have the meaning set forth in the Agreement. 2. Amendment of Exhibit"A". Exhibit"A"of the Agreement is hereby modified and amended to add the property described on Exhibit"A"attached hereto. The Facility Property(and the area subjected to the drainage easement described in Section 7 of the original Agreement)shall be deemed to include the property described on Exhibit"A"attached hereto, in addition to the property described on Exhibit"A"of the original Agreement. 3. Amendment of Exhibit"B". Exhibit"B"of the original Agreement(the"Original Plans") is hereby modified and amended to add the plans set forth on Exhibit"B"attached hereto(the "Supplemental Plans"). To the extent the Original Plans are inconsistent with the Supplemental Plans,the Original Plans are hereby modified. To the extent of any inconsistency,the Supplemental Plans will govern. 4. Agreement Ratified. Except as amended by this First Amendment,all of the terns, conditions and provisions of the Agreement shall remain in full force and effect and are ratified and confirmed. OFFICIAL RECORD'. CITY SECRETARY , FT. WORTH, TX - IN WITNESS WHEREOF,each of the parties hereto has caused this First Amendment to be executed and sealed by its authorized signatory,effective as of the day and year first above written. IDI TX: INDUSTRIAL DEVELOPMENTS INTERNATIONAL(TEXAS),L.P.,a Georgia limited partnership By: ID International(Texas), Inc.,a Georgia corporation, its sole general partner Name: David R- Birdwell Title: eWary Attes ame: ren Title: Assistant Secre rY IDI: INDUSTRIAL DEVELOPMENTS INTERNATIONAL,INC.,a Delaware corporation Name: David R. Birdwell Title��y/' Qgu-r°..-fary Attest: Name: Title: Assistant Socrftry OFFICIAL RECORD' CITY SECRETARY 2 FT. WORTH, TX SPEEDWAY: SPEEDWAY DISTRIBUTION CENTER B, LLC Name: David R. Birdwell Title: Secwslry GE: GENERAL ELECTRIC COMPANY,a New York corporation,doing business through its GE Transportation business division By: Name: Title: ASSOCIATION: SPEEDWAY DISTRIBUTION CENTER OWNERS' ASSOCIATION, INC. By: Name: Title: OFFICIAL PEP' RD CITY SECRETARY 3 FT. WORTH, TX SPEEDWAY: SPEEDWAY DISTRIBUTION CENTER B,LLC By: Name: Title: GE: GENERAL ELECTRIC COMPANY, a New York corporation,doing business through its GE Transportation business division By: Named Title: ' t ASSOCIATION: SPEEDWAY DISTRIBUTION CENTER OWNERS' ASSOCIATION,INC. By: Name: Title: j OFFICIAL RECORD! l CITY SECRETARY I 3 !' FT. WORTH: TX (-----___-- City City of Fort Worth Fernando Costa Assistant City Manager A r&as or m and Legality tan Assist City Attorney ATTEST 00,000000 f ° a City Secretary I � Id%0a 0-f p Contract huthorizatioi PEA o o.Z'� 0 4y 000000 AC), Date ��l�yq CITY KCREETQRY STORM WATER FACILITY MAINTENANCE AGREEMENT 1 Rev.01/09//2007 F T WORTHf TX STATE OF TEXAS § COUNTY OF TARRANT§ This instrument was acknowledged before me o ,Aq,by Fernando Costa,Assistant o ,on behalf of the City F rt Worth. i VONIAOANIELS ' M CO�MM,SSIUN EXPIRES Jaly 1o,2013 L-1f 1 Notary Public, State of Texas STATE OF GEORGIA § COUNTY OF FULTON § Before me,the undersigned authority on this day,personally appeared David R.Birdwell and Greg J.Ryan,known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that the same is the act of ID International(Texas), Inc.,as sole general partner of Industrial Developments International(Texas),L.P.,and that they executed the same is its Secretary and Assistant Secretary and as the act of such corporation and limited partnership and for the purposes and consideration expressed in the foregoing instrument. N0 •��t G j Notary Public, State of Georgia `� �r IC STATE OF GEORGIA § COUNTY OF FULTON § Before me,the undersigned authority on this day,personally appeared David R.Birdwell and Greg J.Ryan,known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that the same is the act of Industrial Developments International,Inc.,and that they executed the same is its Secretary and Assistant Secretary and as the act of such corporation and for the ���`�N O NA, purposes and consideration expressed in the foregoing instrument. Notary Public, State of Georgia j;'•. 8 273 STATE OF GEORGIA § !ji\ �;'�r;�\�,• COUNTY OF FULTON § Before me,the undersigned authority on this day, personally appeared David R. Birdwell, known to me to be the person who's name is subscribed to the foregoing instrument and acknowledged to me that the same is the act of Speedway Distribution Center B, LLC,and that he executed the same is its Secretary and as the act of such company and for the purposes and consideration expressed in the foregoing instrument. . , y , NotaTUT�Tic•Mate 0 jeorgr n 5 CITY SECRETARY � <�T ......• �>� J F`r. V"ORTH, TX f STATE OF M § COUNTY OF § Before me,the undersigned authority on this day,personally appeared , known to me to be the person who's name is subscribed to the foregoing instrument and acknowledged to me that the same is the act of General Electric Company, a New York corporation,doing business through its GE Transportation business division and that he executed the sameAs its IqJ and as the act of such company and for the purposes and consideration expressed in the foregoing instrument. otary Publi �Ix � NOTARIAL SEAL LAURIE S SHERIDAN Notary Public NORTH EAST TWP„ERIE COUNTY STATE OF GEORGIA § My Commission Expires Apr 28,2014 COUNTY OF TON § This instrument was acknowledged before by authorized representa ' cting on behalf of the Speedway Distribution Center Owner's Association. Notary Public, State of Texas I CITY >T"rT RY 6 STATE OF § COUNTY OF Before me,the undersigned authority on this day, ally appeared ,known to me to be the person who's name is subscribed to the foregoing instrument a wledged to me that the same is the act of General Electric Company,a New York corporation,doing business ugh its GE Transportation business division and that he executed the same is its and as the t of such company and for the purposes and consideration expressed in the foregoing instrument. Notary Public STATE OF GEORGIA § COUNTY OF FULTON § This instrument was acknowledged before me on o�fLe� � 14, �Dl�by authorized representative,acting on behalf of the Speedway Distribution Center Owner's Association. u►r1y,/j H /4 Atio'%,, Notary Public, State of Georgia oiARy' �:• RE s EXPI s FEB.8,2p13 • �` OFr!,:IAL RECORD! CITY S CRET�:ItY 6 FT. WCR TH, TX EXHIBIT A ' PROPERTY DESCRIPTION STATE OF TEXAS: COUNTY OF DENTON: BEING a 0.065 acre tract of land situated in the Jeremiah Ivy Survey, Abstract No. 649, Denton County, Texas, being a portion of a 45.893 acre tract of land as described in deed to Industrial Developments International, Inc. (hereafter referred to as MI 45.893 acre tract), recorded in Deed Records, Denton County, Texas (DROCT), and being more particularly described as follows: COMMENCING at a cut "x" in concrete set at the northwest corner of the existing platted terminus of Three Wide Drive (Lot t Block A. a 68' wide private road, emergency access, fire lane, utility and drainage easement) and the northeast corner of Lot 2, Block 1 per the final plat of Lots i & 2. Block A 6 Lot 2, Block 1. Speedway Distribution Center, an addition to Denton County, Texas as recorded in 2009-31, Plat Records. Denton County, Texas, said point lying in the south line of a 1.088 acre tract of land as described in deed to Industrial Developments International, Inc.(hereafter referred to as IDI 1.088 acre tract), recorded in 2011-99526. DROCT, from which a 1/2" rebar capped set at the northeast corner of Lot 2, Block A of said addition bears S 77'00'00" E. 8726 feet: THENCE N 00'24'49" W, traversing said IDI 1.088 acre tract. at a distance of 23.11 feet passing the north line of said IDI 1.089 acre tract and the south line of said IDI 45.893 acre tract. continuing a total distance of 349.53 feet; THENCE N 38'43 53" W. traversing said IDI 45.893 acre tract, a distance of 31.38 feet; THENCE N 77'00'00" W. traversing said IDI 45.893 acre tract, a distance of 136.39 feet to the being the POINT OF BEGINNING of the herein described tract of land; THENCE traversing said IDI 45.893 acre tract. as follows: N 77'00'00" W. a distance of 30.00 feet; N 13'00'00" E, a distance of 94.43 feet; S 77'00'00" E, a distance of 30.00 feet; S 13'00'00" W, a distance of 94.43 feet to the POINT OF BEGINNING and containing 2,833 square feet or 0.065 acre of land. NOTE: Bearings are referenced to the final plat of Lots i & 2, Block A & Lot 2. Block 1, Speedway Distribution Center as recorded in 2009-3i, Plat Records. Denton County, Texas - NAD 83 (1993) datum. 0 a w 3 Q 0 a: a O M N H V) N W aWH d (300DVnN3 �li,oinary, this Scale i NONE Sheet � dxunmt Date 110/26/20 11 &S 1 I shall wt be recorded for Job No . t 10276 CIVIL ENGINEERS—PLANNERS—SURVEYORS o f am r 2405 Mustang Drive,Grapevine,TX 76051 s for review Drafted , T . J . M . Wed Oct 26 1549-32 2011 2 0 Metro(817)329-4373 Checked 1 J . S . B . w LINE DATA EXHIBIT A LINE BEARING DISTANCE GRAPHIC SCALE 1"=300' L 1 N00 '24'49"W 349.53' Q�-1 L2 N3B *43'53"W 31.38' 0 300 L3 N77 *00'00"W 136.39' L4 N77 *00'00"W 30.00' L5 N13 *00'00"E 94.43' I C.M. HENRY L6 S77 *00'00"E 30.00' 50 M- 7-4444 EASEMENT O(�A HENRY L7 S 13 -00'00"W 94.43' ORD.C.T. I t VOL. 976. PG. 476 DA.D.C.T. APPROXIMATE LOCATION OF 15' SOUTHWESTERN CLA ENCE MELVIN HENRY GAS PIPELINE. INC. RIGHT OF WAY AND EASEMENT VOL. 5545. PG. 1668 "THE RIGHT OF WAY HEREIN GRANTED SHALL BE VOL. il38. PG. 515 FIFTY (50) FEET IN WIDTH ANY TIME THERE IS CONSTRUCTION I APPROXIMATE .C.DA.D.C.T.. T OF 15' 45.893 ACRES OR MAINTENANCE WOW ON PIPELINE BUT OTHERWISE INDUSTRIAL DEVELOPMENTS SHALL REVERT TO FIFTEEN (15) FEET IN WIDTH' ( SOUTHWESTERN GAS PIPELINE. INTERNATIONAL. INC. 2005-156012 DAD C.T. INC. RIGHT OF WAY AND EASEMENT D �` I 'THE RIGHT OF WAY HEREIN GRANTED 4-:r SHALL BE FIFTY TIME THERE IS CONSTRUCTION OR ANY PROPOSED LOT 7, BLOCK A— MAINTENANCE WORK ON THE PIPELINE PRIVATE OPEN SPACE BUT OTHERWISE SHALL REVERT TO A PRIVATE DRAINAGE EASEMENT / I I PERMANENT EASEMENT FIFTEEN (15) FEET IN WIDTH" 20061960 X-"D.C.T. 3O ROADWAY UTILITY PER ADJOINING DEEDS �MENT 30' PRIVATE DRAINAGE EASEMENT _��- PODNr OF 2.83 o 065 AC T. �— ( BEGINNING PRIVATE L OPEN SPACE A Q� e CHARLES CLYDE BELLING 9AUSEN PRIVATE DRAINAGE EASEMENT I 3 � VOL.. IOM PG. 449 D.R.O.C.T. KYLE D. WALKER INDUSTRIAL DEVELOPMENTS '\��`�� � W INTERNATIONAL. INC. 2011-99525 TEMPORARY 2005-1172 2 7 O.R.D.C.T. rURNA M EASEMENT D 2009-12640. OR D.C.T. I UCC PROPERTIES. LTD. POINT OF 2008-19083. DA.D.C.T. LOT 2, BLOCK 1 COMbl�1C1NG LOT 2. BLOCK A CUT A SET LLI PRIVATE OPEN SPACE C LOTS ! 6 2. BLOCK A 6 LOT 2. BLOCK i I Q - 2009-31 PAD.C.T. �� a SPEEDWAY DISTRIBUTION CENTER �? 9.723 ACRES ~ 2009-31 1w INDUSTRIAL DEVELOPMENTS � ' N9 P.RD.C.T. I INTERNATIONAL S 1� SPEEDWAY DISTRIBUTION I 2008-57463 1`� X10 CENTER B, LLC 68' PRIVATE ROAD a I D.R.D.C.TC. sQ� �'S > 2011-100347 AD C T UTILITY A� EA,SEMEN[T 15-1 ' �V�C��`-P o INDUSTRIAL DEVELOPMENTS IR INTERNATIONAL (TEXAS), L.P. . 2007-44535 0 I ' I DAD.C.T. a J QI a] u Scale 1 1 "=300 ' Sheet o ��DWRT �I� r, this Date 1 10/26/2011 0 MARSHALL shall dt� Job No . 1 10276 2 w CML ENGINEERS-PLANNERS-SURVEYORS � 9SULHf r�1e" Draf ted I T . J . M. �f 2403 Munang Drtvs,(3rspwkw,TX 76051 Wed Oct 26 1`x49.33 2011 - N Motro(8171 329373 Checked H J . S . B . 2 ° w EXHIBIT "A" PROPERTY DESCRIPTION STATE OF TIXAS: COUNTY OF DENTON: BEING a 3.071 acre tract of land situated in the Jeremiah Ivy Survey, Abstract No. 649, Denton County, Texas, being a portion of a 45.893 acre tract of land as described in deed to Industrial Developments International, Inc. (hereafter referred to as IDI 45.893 acre tract), recorded in , Deed Records, Denton County, Texas (OROCT), and being more particularly described as follows: COMMENCING at a cut "x" in concrete set at the northwest corner of the existing platted terminus of Three Wide Drive (Lot 1, Block A, a 68' wide private road, emergency ccess, fire lane, utility and drainage easement) and the northeast corner of Lot 2, Block i yper the final plat of Lots i & 2, Block A & Lot 2, Block 1. Speedway Distribution Center, an addition to Denton County, Texas as recorded in 2009-31, Plat Records. Denton County. Texas, said point lying in the south line of a 1.088 acre tract of land as described in deed to Industrial Developments International, Inc.(hereafter referred to as IDI 1.088 acre tract), recorded in 2011-99526, ORDCT. from which a 1/2" rebar capped set at the northeast corner of Lot 2 Block A of said addition bears S 77'00'00" E. 87.26 feet: THENCE N 00'24'49" W, traversing said IDI 1.088 acre tract, at a distance of 23.ii feet passing the north line of said IDI 1.088 acre tract and the south line of said IDI 45.893 acre tract. continuing a total distance of 466.59 feet to the being the POINT OF BEGINNING of the herein described tract of land; THENCE traversing said IDI 45.893 acre tract. as follows: N 77'00'00" W, a distance of 524.29 feet; N 13'00'00" E. a distance of 58.70 feet; S 77'00'00" E, a distance of 44.65 feet; N 80'08'23" E. a distance of 83.62 feet; N 40'37'20" E. a distance of 86.64 feet; N 13'00'00" E. a distance of 212.32 feet; S 77'00'00" E. a distance of 262.25 feet to the point of curvature of a non tangent curve to the right, having a radius point that bears S 81'27'18" W. 916.00 feet; Southeasterly. along said curve, having a central angle of 08'0753", an arc distance of 130.00 feet, and a chord that bears S 04'28'16" E, 129.89 feet to the point of tangency; S 00'24'49" E. a distance of 263.58 feet to the POINT OF BEGINNING and containing a 133,789 square feet or 3.071 acres of land. W NOTE: W Bearings are referenced to the final plat of Lots i & 2, Block A & Lot 2, Block 1, Speedway a Distribution Center as recorded in 2009-31, Plat Records, Denton Canty, Texas - NAD 83 0 (1993) datum. > N F— V) N W H g W W cc W Scale I NONE Sheet ( cagy jWI itary, this Date , 10/26/2011 1 0 UMS]H[AL L I shall not be " Job N 1 10276 CIVIL ENGINEERS—PLANNERS—SURVEYORS arri i o .a- o f 2403 Mustang Drive,Grapevine,TX 78061 Issued of review Drafted 1 T . J . M . N M©tm tai 7)329-4373 HIM Oct 26 155M 2011 Checked 1 J . S . B . 3 W y EXHIBIT "A" GRAPHIC SCALE 1"=300' 5EE 5HEET 3 FOR LINE AND 0 300 CURVE DATA 50' ACCESS EASEMENT C.M. HENRY 2007-44540 AND WIFE, DAD.C.T. ONETA HENRY APPROXIMATE LOCATION OF 15' SOUTHWESTERN VOL. 976, PG. 476 GAS PIPELINE. INC. RIGHT OF WAY AND EASEMENT D A.D.C.T. 'THE RIGHT OF WAY HEREIN GRANTED SHALL BE MELVIN HENRY FIFTY (50) FEET IN WIDTH ANY TIME THERE IS CONSTRUCTION CLARENCE 5.893 ACRES OR MAINTENANCE WORK ON PIPELINE BUT OTHERWISE I VOL. 5545, PG. 1668 4 INDUSTRIAL DEVELOPMENTS SHALL REVERT TO FIFTEEN 05) FEET IN WIDTH' VOL. 1138. PG. 515 2005 15612 D RD.C.T. I D .INTERNATIONAL. INC. APPROXIMATE LOCATION OF 15' SOUTHWESTERN GAS PIPELINE. D A.D C. . C8 I INC. RIGHT OF WAY AND EASEMENT PROPOSED LOT 7, BLOCK A 'THE RIGHT OF WAY HEREIN GRANTED SHALL BE FIFTY (50) FEET IN WIDTH ANY PRIVATE OPEN SPACE ^ TIME THERE IS CONSTRUCTION OR PRIVATE DRAINAGE EASEMENT 0 MAINTENANCE WORK ON THE PIPELINE 133.789 SO. FT. BUT OTHERWISE SHALL REVERT TO A 3.071 AC. I PERMANENT EASEMENT FIFTEEN �Q (15) FEET IN WIDTH' v - - —2006-106043. DRO.C.T. ROADWAY AND UTILITY EASEMENT PER ADJOINING DEEDS PROPOSED NNAGE EASEMENT PRIVATE L POINT DRAINAGE PROPOSED LOT 6. BLOCK A I I CHARLES CLYDE BELLINGHAUSEN PRIVATE DRAINAGE EASEMENT VOL. 5314, PG. 2779 ` I VOL. .D.R.D.C.T. .T. 449 KYLE D. WALKER INDUSTRIAL DEVELOPMENTS AND WIFE' INTERNATIONAL. INC. _��'~- LETA G. WALKER 2011-99526 TEMPORARY 2005-117227 DAD.C.T. TURNAROUND EASEMENT DA.D.C.T. 2009-12640•DRD.C.T. I UCC PROPERTIES. LTD. POINT OF 2008-19083. D A.D.C.T. cohaff WING LOT P- BLOCK A Hn LOT 2, BLOCK 1 PRIVATE OPEN SPACE N CLIT '7f' SET OW - 2009-31. P.R D.c.r. �, W LOTS 1 6 2. BLOCK A 6 LOT Z BLOCK i I, 9 a SPEEDWAY DISTRIBUTION CENTER 13 9.723 ACRES �� Q 3 2009-31 �I�LISTRIAL DEVELOPMENTS 11 ° P.R.D.C.r. I INTERNATIONAL (TEXAS). LP. l`� �0 a SPEEDWAY DISTRIBUTION I 2008-57463 CENTER B. LLC 68' PRIVATE ROAD a AD I D .C.T. c 2011-100347 EMERGENCY ACCESS FIFE LA E. YJ V� �gP DA.D.C.T. UTILITY AM DRAINAGE EASEENT INDUSTRIAL DEVELOPMENTS IQ Q INTERNATIONAL (TEXAS). LP. w Igo, 2007-44535 F J �i QI DA.D.C.T. g W Scale I i "=300 ' Sheet � � donJJJ�1t�ttT1s Date , 10/26/2011 2 0 shall r,,a-*d for Job No. 1 10276 Li CML ENGINEERS—PLANNERS—SURVEYORS aRy pUrAase. of 2405 Mustang Drtvs,GraprAns,nL 76051 IsmW for review Drafted , T . J . M . Motro(8 17)329-4373 3 Wed Oct 26 155L9 2011 Ce . . 0 N W EXHIBIT "A" LINE DATA LINE BEARING DISTANCE L 1 N00 '24'49"W 466.59' L2 N77 *00'00"W 524.29' L3 N13 '00'00"E 58.70' L4 S77 '00'00"E 44.65' L5 N80*08'23"E 83.62' L6 N40 '37'20"E 86.64' L7 N 13 '00'00"E 212.32' L81 S77 '00'00'.E 262.25' L91 S00 '24'49"E 263.58 CURVE DATA LINEI DELTA RADIUS I ARC I CHORD BEARING CHORD c1l B '07'53"1 916.00' 130.00' SO4 '28'46TE 1 129.89' 0 v ui W a CL CL U N N W 5 Scale I NONE Sheet G®®DVAN3 Date , 10/26/2011 3 0 � S�' Job No . 1 10276 CIVIL ENGINEERS—PLANNERS—SURVEYORS 0 f � 2405 Mustang Drive,Grapevine, rx 76051 Drafted I T . J . M . 3 N Metro(817)3294373 Checked 1 J . S . 8 . w EXHIBIT "A" PROPERTY DESCRIPTION STATE OF TEXAS: COUNTY OF DENTON: BEING a 2.026 acre tract of land situated in the Jeremiah Ivy Survey, Abstract No. 649, Denton County, Texas, being a portion of a 45.893 acre tract of land as described in deed to Industrial Developments International, Inc. (hereafter referred to as IDI 45.893 acre tract), recorded in , Deed Records, Denton County, Texas (OROCT), and being more particularly described as follows: COMMENCING at a cut "x" in concrete set at the northwest corner of the existing platted terminus of Three Wide Drive (Lot 1, Block A. a 68' wide private road emergency access, fire lane, utility and drainage easement) and the northeast corner of Lot 2, Block 1 per the final plat of Lots i & 2, Block A & Lot 2, Block 1. Speedway Distribution Center, an addition to Denton County, Texas as recorded in 2009-3i, Plat Records. Denton County, Texas, said point lying in the south line of a 1.088 acre tract of land as described in deed to Industrial Developments International, Inc.(hereafter referred to as IDI 1.088 acre tract). recorded in 2011-99526, DROCT, from which a 1/2" rebar capped set at the northeast corner of Lot 2. Block A of said addition bears S 77'00'00" E. 87.26 feet; THENCE N 00'24'49' W. traversing said IDI 1.088 acre tract, at a distance of 23.11 feet passing the north line of said IDI 1.088 acre tract and the south line of said IDI 45.893 acre tract, continuing a total distance of 43.01 feet to the POINT.OF BEGINNING of the herein described tract of land; THENCE traversing said IDI 45.893 acre tract, as follows: N 77'00'00" W. a distance of 283.06 feet; N 18'46'16" W. a distance of 69.67 feet; N 13'00'00" E, a distance of 258.36 feet; S 77'00'00" E, a distance of 224.00 feet; S 38'43'53" E, a distance of 3138 feet; S 00'24'49" E, a distance of 306.52 feet to the POINT OF BEGINNING and containing 88,241 square feet or 2.026 acres of land. NOTE: Bearings are referenced to the final plat of Lots 1 & 2, Block A & Lot 2, Block 1, Speedway Distribution Center as recorded in 2009-31. Plat Records, Denton County, Texas - NAD 83 (1993) datum. C s W W ga 0 22 a 0 w 0 z w I W Ln S N W f- 3 a w Scale 1 NONE Sheet `/' doazwt this Date 110/26/2011 M,&—RSHALL shall not be 1 rem for Job No . 1 10276 a f CIVIL ENGINEERS—PLANNERS—SURVEYORS / 2406 Mustang Drtvs.GrapWno,TX 760:51 I,med for review Drafted t T . J . M . Metro(817)32&4373 Wed Oct 26 155256 20 i l Checked ► J . S . 8 . 2 / w I LINE DATA EXHIBIT "A" LINE BEARING DISTANCE GRAPHIC SCALE 1"=300' L 1 N00 '24 '49"W 43.01' L2 N77 *00'00"W 2B3.06' 0 300 L31 NIB '46'16"W 69.67' L4 N 13 *00'00"E 258.36' L5 S77 '00'00"E 224.00' ( C.M. HENRY L6 938 '43'53"E 31.38' So 2200 ACCESS �"T or�a HENRY L7 S00 '24'49'E 306.52' DAD.C.T. I -VOL. 976. PG. 476 DA.D.C.T. APPROXIMATE LOCATION OF 15' SOUTHWESTERN JFCLARENCE MEL.VIN HENRY GAS PIPELINE• INC. RIGHT OF WAY AND EASEMENT VOL. 5545, PG. 1668 'THE RIGHT OF WAY HEREIN GRANTED SHALL BE ( VOL.. 1138. PG. 515 FIFTY 150) FEET IN WIDTH ANY TIME THERE IS CONSTRUCTION DAD.C.T. 45.893 ACRES OR MAINTENANCE W'OR( ON PIPELINE BUT OTHERWISE I INDUSTRIAL DEVELOPMENTS SHALL REVERT TO FIFTEEN (15)FEET IN WIDTH' I APPROXIMATE LOCATION OF 15' 2006-156012• DAD.C.T. I SOUTHWESTERN GAS PIPELINE. INTERNATIONAL, INC. ^_ INC. RIGHT OF WAY AND EASEMENT D I "THE RIGHT OF WAY HEREIN GRANTED PROPOSED LOT 7, BLOCK A SHALL FIFTY (50) FEET IN WIDTH ANY PRIVATE OPEN SPACE TIME THERE is CONSTRUC PIP I PRIVATE DRAINAGE EASEMENT/ I MAINTENANCE E S L THE PIPELINE 1 6UT OTHERWISE SHALL REVERT TO A PERMANENT EASEMENT FIFTEEN —ilQ GEE4 4"IDTH' r� 2006-106043. OAD.C.T. T 30* PER AMINITNG DE PROPOSED 5 6 PROPOSED 30' PRIVATE _� I ( CHARLES CLYDE BELLINGHAUSEN 0 DRAINAGE EASEMENT VOL. 5314. PG. 2779 1 1` PROPOSED LOT 6, BLOCK A VOL. 1066, PG. 449 D' PRIVATE OPEN SPACE PRIVATE 88�I AGE EASEMENT b 2.025 AC. BEGINNING KYLE D. WALKER DMSTRIAL DEVELOPMENTS �� _ LETA G WIFE. IN NA TERTIONAL. INC. 2005-117227 2011-99526 TEMPORARY O A D.C.T. OAD.C.T. TLFNAR0lJO EASEMENT 2009-1254 DAD.C.i. i _j i UCC PROPERTIES. LTD. •°� pQjN'j'QF 2008-19083. D A.O.0.T. B COMII�TQNG LOT 2. BLOCK A LOT 2, LOCK 1 cur x-sEr PRIVATE OPEN SPA W LOTS 1 6 2. BLOCK A 6 LOT 2, BLOCK 1 p - 2009-3 -PAD.C.T. SPEEDWAY DISTRIBUTION CENTER 9.723 ACRES A9 2009-31 ) I ilfMTSLAL DEVELOPMENTS`, 5� �1 a PAD.C.T. INTERNATIONAL a T, (TEXASX L.P. g SPEEDWAY DISTRIBUTION I 2008-57463 2200111--1000347C ETERGE� AACCESS, F�LANE a I DA.O.C.T. 5 so"PC� DAD.C.T. lnlLm AM OiAtN1AGE fASEMFM ( -- i (� tc o� INDUSTRIAL DEVELOPMENTS 'Z: INTERNATIONAL 2007 44(535�S). L.P. wl J Q'Q OA.O.C.T. J Scale 1 I "=300 ' sheer � ���� � ' this Date 110/26/2011 0 �SHAU shall not be 2 W recorded fDr Job No . 1 10276 CIVIL ENGINEERS—PLANNERS—SURVEYORS arty plrpm. of Issued for rev iew Drafted 1 T . J . M . 2406 Muatanp Dr1vs,Grapevine,TX 78031 � Oct 26 115257 2011 2 0 Meao(8 17)3is43'3 Checked 1 J . S . B . w IV tilt; .`. _ ' � - i__I• .-ALL >�� �,�� {�yyj I Fgpili AIM 11 m I , a' n' _ I � �J ' r L �� l isI►' ����jl � 1,, �Si ,• pC III EXHIBIT B City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/16/2009 DATE: Tuesday, June 16, 2009 REFERENCE NO.: "L-14788 LOG NAME: 20ROWEIDISPEEDWAY SUBJECT: Authorize a Storm Water Facility Maintenance Agreement with Industrial Developments International (Texas), L.P., for Property Located in the Jeremiah Ivy Survey, Abstract No. 649, and the James Smith Survey, Abstract No. 1149, and the Richard Matany Survey, Abstract No. 878, Located in Denton County, Texas, at No Cost to the City RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Storm Water Facility Maintenance Agreement with Industrial Developments International (Texas), L.P., for property located in the Jeremiah Ivy Survey, Abstract No. 649, and the James Smith Survey, Abstract No. 1149, and the Richard Matany Survey, Abstract No. 878, located in Denton County, Texas, at no cost to the City. DISCUSSION: Industrial Developments International (Texas), L.P., is the owner of 130 acres of land containing seven separate parcels on which multiple private drainage easements along with two variable width private detention ponds will be placed. This agreement will provide for the management of the storm water within the confines of the Industrial Developments International property. The terms of the maintenance agreement assure for the proper maintenance of these facilities by Industrial Developments International at no cost to the City. Parcel No. Survey/Abstract Acreage Type of Facility 1 Jeremiah Ivy Survey, 0.848 Private Drainage Easement Abstract No. 649 2 Richard Matany Survey, 0.029 15 Foot Private Drainage Easement Abstract No. 878 3 Richard Matany Survey, 2.364 Variable Width Detention Pond Abstract No. 878 4 Richard Matany Survey, 0.087 15 Foot Private Drainage Easement Abstract No. 878 5 James Smith Survey, 1.750 Variable Width Detention Pond Abstract No. 1149 6 James Smith Survey, 0.258 Private Drainage Easement Abstract No. 1149 7 James Smith Survey, 0.444 Private Drainage Easement Abstract No. 1149 The facility is located in COUNCIL DISTRICT 2, Mapsco 642. �101�A 1 161�f%n&1 A'rl^kl //'CnT1Clt�A TI/Nk1. http://apps.cfwnet.org/ecouncii/printmc.asp?id=1 1862&pr1nt=true&DocType=Print 11/28/2011 L The Financial Management Services Director certifies that this action will have no material effect on City funds. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (8476) Originating Department Head: William A. Verkest RE (7801) Additional information Contact: Theresa Khammash (6349) ATTACHMENTS 1. 20ROWEIDI SPEEDWAY.pdf (Public) littp:/'/apps.cfwtiet.org/ecouiicil/printmc.asp'.)Id=1 I g6?&print=true&DocType-Print 1 1/28/201 1