HomeMy WebLinkAboutContract 8279 JUL-
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VOL 58-49 pAGr
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EASEMENT CITY S
CONTRACT. P10
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THE STATE OF TEXAS
KNOW ALL NON BY THESE PRESENTS:
COUNTY of TARRANT l
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WHEREAS, #Tarrant County Water Control and Improvement District Num .er
k
1
One, a public agency created under the laws of Texas for the purpose and with. the �
powers of conserving water for municipal use, of controlling flood waters and per-
forming other public functions as prescribed by the Constitution and laws of the
State of Texas, and pursuant to its authority, has acquired various properties
and easements in the flood plain of the Clear Fork and west Fork of the Trinity
River in Tarrant County, Texas; and
WHEREAS, Tarrant County Water Control and Improvement District Number
One holds and owns the properties hereinafter described for the public purposes
aforesaid; and
WHEREAS, the City of Fort Worth, a municipal corporation of Tarrant
County, Texas, acting herein by and through its duly authorized Mayor,
Cliff Overcash of the County of Tarrant, State of Texas, has requested Tarrant
County water Control and Improvement District Number one to grant an easement
over the lands shown on the attached map marked "EXHIBIT A" for the purpose of
allowing said City to construct and maintain a park and recreational area across
said lands* and
WHEREAS, Tarrant County water Control and Improvement District Number
One by its General Manager has agreed to grant the said request upon the condition
the construction and maintenance of said park and recreational area shall not in
any way interfere with the maintenance and operation of the West Fork and Clear
Fork Floodways.
Now, THEREFORE, WITNESSETH:
That Tarrant County Water Control and Improvement District Number one
of the Count of Tarrant, State of Texas, hereinafter referred to as Grantor,, for
Y
and in consideration of the sum. of ONE AND N01100 ($1.00) DOLLAR., and other good
and valuable consideration to Grantor in hand paid, receipt of which is hereby
acknowledged, does by these presents grant, bargain and convey unto the City of
VOL5849 P G r 9
thereon, upon the property in the County of Tarrant, state of Texas owned by
Grantor and bein g the area shown on the attached map and marked "Exhibit All
has been signed by the parties for identification and is
included herein and/made a part hereof.
The Grantee agrees and covenants that it will not remove any dirt or
other material., nor make excavations, nor place any improvements on the land
described herein without the prior written approval of the plans therefor by
1
the Grantor.
e for an }
Grantee agrees to be responsible y loss or liability on account
1
of injury or death of persons, or damages to property, including cost and expense
s
incident thereto, arising in any manner from its negligence in the construction
and maintenance of said park and recreational area. '
In the event that any relocation of the herein described facilities are
required ed because of the duties of the Grantor, Grantee shall relocate said facili-
ties at its sole exp ens e.
Should Grantee abandon said park or cease to use said park for the
purposes for which this easement is granted, title thereto shall revert to Grantors.
Grantee accepts the grant herein made with full knowledge that the
easement lies along and across the flood plain of the Clear Fork and west Fork
of the Trinity River and the Grantor and those claiming under it shall not be
liable to Grantee or anyone claiming under Grantee for any character of claim
or demand growing out of the effect, to include instant, delayed, direct, indirect
or remote effects, of water flowage or levels, or coverage, or the proximity
of water,, or excessive saturation of land, produced by the construction, main.te-
nance and operation of the flood control works.
This easement is subject to all other easements, rights and interests
shown of record in Tarrant County, Texas*
Grantor reserves the right to enter upon the said land for the purpose
an duty which. Grantor may undertake by reason of its function. as
of discharging �' y
a water Control. and Improvement District.
Ng
otwithstandin the use of the terms 'grant" and "convey" hereinabove
set forth, Grantor does not warrant the title to the easement herein conveyed
unto the Grantee, except that it agrees to warrant and defend the title herein
fir•
V 0 L 5 8 4 9 T,
conveyed unto the Grantee against every person whomsoever lawfully claiming the
same or any part thereof by, through or under Grantee, and not otherwise.
IN WITNESS W EREOF, Grantor has caused this instrument to be executed
on this ,�;,:' ,� day of ,��,�,�' 1975
TARRANT COUNTY WATER CONTROL AND
INTR.OVEN ENT DISTRICT NUMBER ONE
By �Ben F. Hickey, deneral Manager
i.
S
THE STATE OF TEXAS
COUNTY OF TARR.ANT � f
s
BEFORE ME, the undersigned, a Notary Public in and for said County and
State g on this day personally appeared Ben F. Hickey, known to me to be the person
and officer whose name "is subscribed to the foregoing instrument and acknowledged
to me that the same was the act of the said Tarrant County Water Control and
Improvement District Number one, a public agency, and that he executed the same
as the act of such agency for the purposes and consideration therein expressed,
. and in the capacity therein stated,
GIVEN UNDER, MY HAND AND SEAL OF OFFICE this the � ,� day of .�
A, D. 1975.
•' y _r, r r•'
otary Public, Tarrant County, Texas
co
. V,A11 of the above and foregoing instrument and grant is accepted by the
City of Fort Worth a municipality in Tarrant County Texas, acting through its
duly authorized Mayor on this ,A day o f R , �.9 75 p
Mayor, Cit of Fort Worth,'`Tarrant
County, Texas
A'TTES'T: •:
S-6 .1
APPROVED AS TO FORK AND LEGALITY
Sr Gs Johndroe, Jr.
Iry
Y of . 0 rt W .
ME �r� s
,. �.
DAILIFF
May.or .and ounell munzea zon
HUMAN DINE REFERENCE SUBJECT: Grant Application.CC7.._,C1E'._., PAGE
NUMBER G�2460
:outd.vor, Recx'eati-on.�•for.:the
Bureau of �
A WERR !/.8/74
: Bl.uf f overlook Urb a n P I.a
CAMPBELL
i. .r Pro ectltor
•
..The. conf l uence of..the_Clear:,-.F'Ork::.: F °
along wi th' the high b luff:§ n, bf .:.th e-:. "
represent the. no:a .�.his.torl. a . .y:..s-i gnz fi cant W.s i to' i a...P,r t.�, � .th:� The
plateau,above- the river � u a
P provided an ideal:,.sate for the original
nu.liLary Fort worth in89 because of theview�"na:tnral. rotectianrn.d
P
the abundant ..wil.dl.z f e•-and wa.t er..s uppl.y
This area.has. been,proposed..for„ open+:..pace. racrea-tiona
P.
men . in the Central. Business DiSttd..ct::.Se..c:tojr.�Plana ...the-.N i:theast Sector
Plan., and the .19 70 Trinity- R�.ver� Deport by- Laurence- �i �z�.;;�_-:A�svciatcs
The, Streams a?nd"'va.l.Zeys Cor:tteew has-.,reooZZied"-. hat.::,fa: ' r'
. .Mve r.'
b l of f s ont mire��t o•:rep res ent;:�. e Cure l:s t'
=`urtlq u e:.na. d s t .the..
intensely urb.ab_Lze:d-:.Cent.ral.-�.Busimess.:- ,tti-t : _:Tbe�x e� ,�.
- � de went
of the Bluff overlook/Urba'La.e..-:Park- has",been:•-ad•opt.ed...b� .�h���treams �d
Valleys Committee as its--highest- priori ty.:pro j ett� : ..The..13,l� :�,Ov' -look/Urban
Lake Park was. endorsed-,by= -th!.�Bzeentennz;ad Coxmnit�t.ee,....of.:.Fort. Worth: and
and was
the pity; Council as a• part' of Fort- worthr's.,Bieente�.nzal �Prd rn
g` ta
subsequently endorsed by the State and 'Nat ions l Bicentennial. Commissions
Pro!ect. Propoaal
The City Planning Urban Design' staff in cooperation wd.th other.Cit
y
departments, the Streams and Valleys% Conmitt•ee and the Bl..uf-f.' Ri.c en' tenni al.
Comittee have prepared a preliminary design anal :
: progr�� .of:. ,mplen enta.t on
for this project. The- Blv.f f' overlook/Urban Lake de'i-gn.�wAm. des: l) a
P. on top of the b duff pr�ouiding shades seating, hi.s.t.oa�ical .inter rem
P .
Cation, landscaping and access to the rugged- bluffs.„ Z) a ewitth-back
walkway leading from the plaza down. to the- river-. and-.pLrop•o•s.ed...lake
3) bicycle and pedes trian- t a Us-..leading. -into and. tir.augh.....tb...bl.uff;
.4) a flagstone river walk-;' 5) walk-�ia.ys favd- conc.es s'ion.a,.,-.:and..patio
dining spaces along- the Franklin .Street- right--of�way;-. 6)•, Lands_.' P A� in.
g f
along the river; l) the exten.si,on� of-,the- mini atur'e- train._f rom Trinity
Park; 8) an urban lake; 9) the rea lipznment• o f- Nnrth Main Street, and
.10) irrigation ligh-tzng- and- other` park .amenities
The Streams and valleys Co I ttee, a�.ong. with- the•,Bicentennial Corn--,
mittee, believe- that the development of this park will accomplish
several key ob j ectives:
1 ZC wig. rovzde �- peaa.nt' recce t v the _..::
P a. iona�• spa:ce:.f r_. entr4l f3
Business District- visitors and the- 60-,000 people that NOr"k,,,in'. :
the CBD. F;
2, It will .preserve th:�,s, unique natural.- land- form- and in.terpr'et.:.,....
Its long history.
- j
3 ..
��.s r r ..&,�,..5_L.:,f:,s.,;;J.'fir:44e::r}.,t�'"Y�._µ.i�ci`_z.:: s' �..; •etakt.._..
DATE REFERENCE SUBJECT: Grant Appli Ga.tion. to. the,,Bureau PAGE
7
8/7
L� NUMBER G-2 . ,
4 0 of.❑utdoor� Recreation for.the Bluff 2 of 5
0� k
30. The park would be tne-• hub.- of- a- proposed trail-.and o en-.s-ace
P p _
networkV that ►�ill: penetra.te, all. sections. .of...the..City. Zn
this. sense, it will. serve: a 1 the c t�.zens... of Fort forth.
4 p
The. p ark Will pro. de. �res.t.or�ti-on and.access hack. t o the
very port or.:of riv' ertha. ptompted.�the foundz.ng ,of fur
C ity.
5, The park and.River: I p. ove ent.s� �,ri.1�.: nh anic pr z�rate
property
values and romo'te' i rive d land 'uses' ad'oinin the riverf r ont
p P
area.
The proposed 114 acre park includes 31. acres.. of Texas. Elect .c .Service
Company land, 75 .acres of Tarrant County dater Control District land
6 acres of City-owned land� and 2 acres of priva.t�ely-owned property,,
Pao Ose d F ina.nGlr�
The funding of this proposed. park development consists::of., an inter-
governmental..and 'priva.te sector cooperative effort involving the City
of Fort vrth Tarrant County, the Tarrant County- Water Control
District Texas Electric Service. Company,, the Texas. Parks ..and..wx1dlife
Department, and the Bureau- of. outdoor Recreation a The proposed funding ,
of this p.r6j ect is out,dined- .in th.e- following table
1 i
Or
T.
1
DATE REFERENCE SUBJECT:ECT: 4... ;
NUMBER Grant Application- to-the. .Burphu PAGE
7/8/74 G-2460 at= Outd' or Recraat'* far the Bluff
3 5
r-ban L-allum ..Park Dim
Bluf��rban Lake Ievelv meat Cost Aral
ysis
-
Local Matchi
na Share BDR Assistance
In kind Land TF S CO Matching Matching: :
ing
Construction Acquisz ian Lease Funds for +Funds .
for City .vf-
S ervi ce by by Tarrant Donation bevel ' ,- Ac ui � r
P. q o t Forth
Pro Le
ect Element . TCWC&lD Ccunt Value •
went si tivn .,.... Funds
Urban Lake
Construction
.&:'Landscaping 4
ng l4 .5D
, .
`trinity River
mp ��rovements - - -- 5 6 200 . 32 DDD
Bike Trail :-.
Including .Maier
Bridge .Structure :
1639200
•
Bluff Plaza. &
,
Park Development
:Plaza Con-
stru ction &
Landscaping -_ 150 g000 - 90 690
North. Main 5t
Real i g'nnen t ..
83 000
Value cif 25 Year
...Lease Do 'tivn�
by TESCt7 . . -�- 161,590
x.47,45D 150�DDD . 1619590 359,34o. 99 700 83�DDD
459 040 459 040 %830000
Total Local Matching Total :BCR Total. Cit
Y.,
e
1 .
DATE REFERENCE SUBJECT: Grant App li cation. t o..the._:Bore A-u PAGE _
NUMBER
.7/8/74 G--2460 of Outdoor Recareation for the Bluff 4 5
Of
Overlook/Urban rb an Lake Park Develo went
... .........Pro ect Acceptance and Commitments :to date
Aside fr vin the 5 Creams and lays Cocnittee and the nn
Cozmittee several* agencies-have•-endorsed the prdj eet.and support the
project as, fo110'WS .
The Park and,: Recreation. Board-.has- endorsed..
s the..:p of ect and.
recommended' that the development,- shculd:.be come.:a .Fort Worth
park with sufficient maintenances funds...(e.s timated:. $50 aCfl
de ti
annually) ad d t' the Park and•Recrea vn- 19 76- 77 budget
20
The Texas Electric Service Co an strongl�r supports th.e
project and has agreed to donate a long-term lease on
approximately 31 acres of their river property.. .
30. 'The .Tarrant County Commissioners. Court has endorsed the
prod ect- and has agreed to purchase .3 acre between berth
Main .Street and Belknap Street north of the Court: Douse at
•
xi
an. appro mate .cost of $1509000 e
4 0 The Tarrant Count water Control and Im rovement •I]istg`�.ct No �.
has endorsed the project, agreed to perform approximately.
$145,000-worth o f construction and- lake excavation work,; and
their have agreed to give long-term leases vn 75 acres of river
an.d..bluff property,
50 The City of Fort Worth .T raf f i c Fn in.eer'in � �E'. artm�nt::and
Fire,Dt artment have stated. that the, rea�.ign enV:of_.N.orth Ma
..Street and the- closing of Franklin. Street between North fain
S tIteet, and Taylor Street will improve traffic fl ow .and.wil.l. ::. .
fire ti
mat .create .a re protec on problem,
. Pro osed City of Fort worth Commitment
The approval. of the grant application
and- the res�ultzng� perk development
would commit the City- to- the following:
. 10 An expenditure- of- approximately- $81,000 ft-ofw. Pub•l:ic_works
street bond- funds- f or- tht re alignment-.'of North- Main,.Street
(A recommendation- f or- reall o cati-on'..of bond fi.ds. to f inance
this project will.- be submitted upon approval of the Bureau
of Outdoor Recrep.tion. grant.)
2 m Anneal maintenance by the Park- and Recreation. Department at an
estimated $50,000 annually- to be- added to- the maintenance
budget beginning in 1.976-�77
341 Staff time' and management costs for project coordination and
grant Administration w
r
HATE REFERENCE SUBJECT: Grant Application, to to
7/ 17 NUMBER. G~~ F�]fl PP e Bureau PAGE
of* Outdoor- Recreation- for the Bluff 5 5
Overlook/Urban Lake- 'ark Develv anent of
a
Recommendation
N
•
It is recotmended th the Gzt r-- C -c'* nor the.:S
am 'and.
Bluff overi.00k/urban- Lake..i'ra° . . eys
e c t- an a ut .nx i�.e:: the.:-City..Manager.-:to
make a lica 'an f-
PP or a. Bureaus of" flutdv.ur� Recreativnw and- �n the
amount
of a roximat e�
PP y $4�Os0QD, -
RNL.-bn
SUBMITTED BY: DISPOSITION...BY COUNCIL:
PROjESSEl3 BY
APPROVED, ❑ OTHER (DESCRIBE)
CITY SECRETARY
r�
DATE
CITY MANAGER
MIN