HomeMy WebLinkAboutContract 46612-T1 4 5 6
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ED jO�'. CITY SECRETAR1� i - ....
CONTRACT N0.
N VApY 16 � REVOCATION OF
STORMWATER FACILITY
MAINTENANCE AGREEMENT
R ,8t 9 5 b q'Za
THIS AGREEMENT, made and entered into by and among ROANOKE 35/114
PARTNERS, L.P., a Texas limited partnership, hereinafter referred to as "Landowner",
BEECHWOOD BUSINESS PARK ASSOCIATION, a Texas non-profit corporation,
hereinafter referred to as "Association" and the CITY OF FORT WORTH, hereinafter
referred to as"Lily"or"City of Fort Worth".
WITNESSETH
WHEREAS, the Landowner is the owner of certain real property described as an
approximately 10.761-acre tract located in the Rufus Daniel Survey, Abstract No. 362 and
Jesse Daniel Survey, Abstract No. 349, City of Fort Worth, Denton County, Texas according
to the deed recorded in Instrument No. D215089809 in the Deed Records, Tarrant County,
Texas,hereinafter called the"Property".
WHEREAS, the Landowner applied for certain development permits for the Property
with the City of Fort Worth in approximately 2015, however the anticipated development did
not subsequently occur; and
WHEREAS, the Landowner, Association, and City executed a Stormwater Facility
Maintenance Agreement ("Agreement") for the drainage facilities anticipated to be
constructed during development, and which was filed with the City as City Secretary Contract
No.46612 and which is recorded in Instrument No. D215089809 in the Deed Records,Tarrant
County, Texas; and
WHEREAS, the drainage facilities anticipated to be constructed during development
on the Property were constructed in that certain publicly dedicated right-of-way known as
"Outlet Boulevard" pursuant to that certain Community Facilities Agreement for Champions
Circle — Outlet Boulevard / Golf View Drive (CFA#2015-015, DOE#7406, City Project No.
02521) in the City of Fort Worth,Denton County, Texas.
OFFICIAL.RECORD
REVOCATION OF STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECRUA
Revised 3/2/2017 Tp ,
WHEREAS, the Landowner, Association, and City wish to revoke said Stormwater
Facility Maintenance Agreement because the Agreement because it is moot by virtue of the
anticipated drainage facilities having not been constructed on the Property, and it is in the
interest of the parties to revoke the Agreement; and
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. The Stormwater Facility Maintenance Agreement (City Secretary Contract No.
46612) recorded in recorded in Instrument No. D215089809 in the Deed Records,
Tarrant County, Texas is hereby revoked, and the obligations of the parties as
stated therein are mutually terminated.
2. The parties to this Revocation represent that the foregoing recitals are true, that
they possess sufficient interests in the Property to make this Agreement, and that
they are legally authorized to execute this agreement.
3. This Agreement shall be recorded among the deed records of Tarrant County,
Texas, shall constitute a covenant running with the land, and shall be binding on
the Landowner, its administrators, executors, assigns, heirs and any other
successors in interests, including any property owners association.
REVOCATION OF STORMWATER FACILITY MAINTENANCE AGREEMENT Page 2 of 5
Revised 3/2/2017
Executed this nrk day of Aq,j 2017.
Landowner City of Fort Worth
JRoanoke 35/115 Partners,L.P.,
a Texas limited partnership
Jesus J. Chapa
By: Roanoke 35/114 Genpar,LLC Assistant City Manager
its gene 1 partner
By:
William V. Boec er, Vice President
Association Approved as to Form and Legality
Beechwood Business Park Association,
A Texas non-profit corporation
^ Assistant City Attorney
By: U
Name: William V.Boecker _ A ST
Title: President
A-v-tit-y-secretary
F�RT•wp
Contract Compliance Manager:
By signing I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including TEXP5
ensuring all performance and reporting
requirements.
D.J. Harrell
Development Services Administrator
Date: Z
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
REVOCATION OF STORMWATER FACILITY MAINTENANCE AGREEMENT Page 3 of 5
Revised 3/2/2017
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on A` CLg Cs by Jesus J.
Chapa,Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth.
........../''iG LINDA M. HIRRLINGER
tiP 9 i
Notary Public,State of Texas
Comm. Expires 02-02-2018
Notary ID 12414474.6 Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me;. the undersigned authority o this day of
, 20_1 personally appeared
known to me to
be the person whose name is subscribed to the f egoing instrument and acknowledged to me
that the same is the act of , and that he
executed the same as its and as the act of such and for
the purposes and consideration expresse in the foregoing instrument.
Yv � �
Notary Public, State of Texas
REVOCATION OF STORMWATER FACILITY MAINTENANCE AGREEMENT Page 4 of 5
Revised 3/2/2017
THE STATE OF TEXAS §
COUNTY OF TARRANT §
The foregoing instrument was acknowledged before me this 28th day of April, 2017, by
William V. Boecker, Vice President of Roanoke 35/114 Genpar, LLC, a Texas limited liability
company, on behalf of said limited liability company as general partner of Roanoke 35/114
Genpar,L.P.,a Texas limited partnership, on behalf of said limited partnership.
NOTARY UBLIC, STATE OF TEXAS
V, LA LA NETTA R.ADDY
NOTARY PUBLIC ,
STATE OF TEXAS Notary's Typed or Printed Name
MyComrn Exp'02-27-2018 My Commission Expires: 4.I.X1-M$
THE STATE OF TEXAS §
COUNTY OF TARRANT §
The foregoing instrument was acknowledged before me this 28`h day of April, 2017, by
William V. Boecker, President of Beechwood Business Park Association, a Texas non-profit
corporation,on behalf of said non-profit corporation.
LA NETTA R.ADDY NOTARY UBLIC, STATE OF XAS
NOTARY PUBLIC
STATE OF TEXAS
My Comm.Exp.02-27-2018 Lp,Qle
Notary's Typed or Printed Name
My Commission Expires: 0 Q•d-'? i8
REVOCATION OF STORMWATER FACILITY MAINTENANCE AGREEMENT Page 5 of 5
Revised 3/2/2017