HomeMy WebLinkAboutContract 16626 �e f Y SECRETARY h� ^�
DEED N0,1222..
QUAW
REPLACEMENT AND CORRECTION OF d
FIRST AMENDMENT TO GRANT OF EASEMENT "gyp
TEXAS CENTERS ASSOCIATES, a California general
partnership ( "Grantor") , acting by and through its partner,
Gerson I. Fox, hereby amends as follows, in consideration of
the covenants herein contained, that certain easement dated
October 9, 1962, filed November 5, 1962, and recorded in
Volume 3745, Page 274, Deed Records of Tarrant County,
Texas. Said easement was granted by Grantor's predecessor
in interest, Homart Development Co., a Delaware corporation,
to the City of Fort Worth, a municipal corporation, of
Tarrant County, Texas ("Grantee") .
1. The description in said grant is amended by
deleting the word "along" at the end of the fourth line of
said description and by inserting the words "ten (10) feet
on each side of" before the words "the following described
center line".
2. The second full paragraph of said grant is amended
by adding the following provisions thereto:
Grantee shall use its best efforts to limit the
performance of routine maintenance and/or repair work on the
sewer line during the period beginning November 1 and ending
January 1 so as to reduce any inconvenience to patrons of
businesses being conducted on the subject property, if it is
possible to do so without endangering or interfering with
the public health, safety or welfare. Grantee's work shall
at all times be performed as expeditiously as possible and
in a manner, consistent with sound construction practices,
that will minimize interference with any business being
conducted on the subject property and the free flow of
traffic.
3. Said grant is further amended by adding the
following paragraphs thereto:
(a) Notwithstanding the foregoing provisions,
Grantor shall at all times have the right to relocate, at
Grantor's sole cost, all or part of the 21-inch sanitary
sewer line in accordance with plans and specifications that
have been approved by Grantee.
(b) Grantor shall have the right to:
(1) Normal surface use and enjoyment of the
above described property other than the construction of
buildings or structures for which a building permit
would be required. Such use and employment shall
include, but not be limited to, the free passage of
vehicles and pedestrians, provided that such use and
enjoyment does not impede or interfere with the rights
granted Grantee hereunder; and
(2) Grant additional easements within the
above described property to public bodies and public
utility companies; provided that (i) no such easement
shall impede or interfere with the easement and rights
granted to Grantee hereunder, (ii) Grantee shall not be
required to move any portion of the sanitary sewer line,
and (iii) no such easement to or use by such public body
or public utility company shall itself be in violation
of any applicable governmental requirement, or render
(5-17-88)
RJK00361(5-8-87) -1-
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the use or existence of the sanitary sewer line in
violation of any applicable governmental requirement.
«' Except as bereioabove amended, said grant shall
remain in full force and effect.
RECITALS: This Instrument replaces and corrects the
First Amendment to Grant of Easements executed by the
Grantor, Texas Centers Associates, on may zz, 1987' Except
for the correction noted below, this Instrument is identical
to (i) the instrument filed June 16, 1987, recorded in
Volume 8979, Page 895, Deed Records of Tarrant County,
Texas, in which the date of acceptance and approval by the
City of Fort Worth, Texas is not shown, and (ii) the
instrument filed July D, 1987, recorded in Volume 9009,
Page 2067' Deed Records of Tarrant County, Texas, in which
July 10, 1987 is shown as the date of acceptance and
approval by the City of Fort Worth, Texas. The sole
correction is the deletion of Exhibit C, which exhibit was
inadvertently attached to the instrument filed July 17,
1987- All three iostr nd the same.
u^rEo this �L_ day of 1988.
TEXAS ComroRs ASSOCIATES,
' a California general
partnership
By
i I. Fox, Partner
���� ay o
AC2Eezoo AND AeenovEo tui ac� d f 1988
,
ATTEST: u
CITY OF F0nr WORTH, TEXAS
By �
APPROVED As To FORM AND LEGALITY:
Cxty Attorney
Dated , 1988
zF 7Q
DATE
_2_
BJu00361(6-08-88)
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,
ACKNOWLEDGMENTS
STATE OF CALIFORNIA )
) aa'
cOomTr Or LOS ANGELES >
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared Gerson I. ruu,
known to me to be the person and the partner of TEXAS cEmroma
ASSOCIATES, whose name is subscribed to the foregoing instrument
and acknowledged tome that the same was the act of the said
partnership, and that he executed the same as the act of said
partnership for the purposes and consideration therein expressed
and in the capacity therein stated.
GIVEN UNDER mz 8Amo AND SEAL Or OFFICE this T�C� day of
1988. L/�
OFFICIAL SEAL
Notary Public in and for the I BOBME R. ABRAMSON
State of California NOTARY PUBLIC-CALIFORNIA
PRINCIPAL OFFICE IN
LOS ANGELES COUNTY
My Commission rugicea: my commission Fixpires OcL 14, 1988
STATE Or TEXAS )
) aa'
CVomTr OF rAaRAmT >
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared
of the city of Fort Worth, a Texas home rule
municipal ohrpozation, known to me to be the peznuo and officer
whose name is subscribed to the foregoing instrument, and
acknowledged to me that the same was the act of the said City of
Fort *occu and that he executed the same as the act of said
municipal corporation for the purposes and consideration therein
expressed and in the capacity therein stated.
�znmm omo�n MY HAND AND SEAL OF OFFICE this /+�h day of
- , 1988,
Notary PubLic in and for the
State of Texas SHIRLEY FERAELL
IeAft
My Commission Expires:
_,_
aJx00361(6-08-88)
ity of Fort Wtt rt"'lt,1 Cis Jug! `° 1V
p0 AiItlN(PU�6t Yi 6s UL d ✓ 1 � � �� � G� Lti��
jyo and Cott
AflR Ad
t,Alt_ REFERENCE SUBJECT: AMENDMENT TO EASEMENT/ PAGE
NUMBER t
RtAL""ARO ff7v.ts SEMINARY SOUTH MALL. 1 1
6-23-87 ' **L-9276
Uer ,
�RECQMMENDATION s
mrend d, tha t e. 1 `
� Cou il,�gt�ant.Fapproval for .theCity torenter into a First Amendment
nt. i,Easement with Texas Centers Associates, and
Thet° Cit ;Mane er�`be authorized to the First Amendment to rant f
Y 9 G o
„fit fig;: MI ` Easement.
Discussion
An amen t to that certain easement dated October 9, 1962, as granted to the
City of. Fort Worth and subsequently recorded in Volume 3745, Page 274, Deed
Records, Tarrant County, Texas . The granting and acceptance of this new
easement has been approved by the Water Department and Department of Law.
Financing
Sufficient funds are available in Water Capital Improvements Fund 08, Project
no. 012120-00, Engineering and Administration. Expenditure will be made from
Index Code 699785.
APPROVED BY
DAI :k
CITY COUNCIL
JUN 2.3 iciv
City Secrotary of the
City of Fort `Jior-t`h, Tc::aA
SUBMITTED FOR IH
CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED By
OFFICE OFFICE BY: ,-' APPROVED
CRIGI NATING I OTHER (DESCRIBE)
DEPARTMENT HEAD: Michael E. P es ah CITY SECRETARY
F ',R ADDITIONAL. INFORMATION' ry
CSINTAcr Michael E. Pyles 83ry 62 DATE