HomeMy WebLinkAboutContract 50810 CITY SECRETARY
CONTRACT NO.=6 uS1_L(�_
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAYO
VE OR STRIKE ANY OR ALL OF THE FOLLOWING
1\l'J111 V
IANIATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
R �R PERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
V
YOUR SIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
C14
JUN- ?018
Cry PUBLIC ACCESS EASEMENT
CI NSrCn40, y �f�
0' G
` S §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT §
That HAYCO REALTY, LTD. (herein called "Grantor," whether one or more), whose
mailing address is 3825 Camp Bowie Blvd., Fart Worth, for and in consideration of the sum of
TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration to Grantor in
hand paid by the CITY OF FORT WORTH, a Texas home-rule municipal corporation, whose
mailing address is 200 Texas Street, Fort Worth, "Texas 76102 (herein called "Grantee"), the
receipt and sufficiency of which are hereby acknowledged, has BARGAINED, GRANTED
AND CONVEYED, and by these presents does BARGAIN, GRANT AND CONVEY, unto the
said Grantee a public access easement (the "Easement") to survey, construct, .reconstruct,
operate, maintain, inspect, alter, relocate, replace, repair and remove a public recreational path
and associated appurtenances in, on, over, under and across the real property described on
Exhibit "A"attached hereto and incorporated herein for all purposes (the "Land").
The terms and conditions of this Public Access Easement are as follows:
1. Easement Only. This is a conveyance of an easement only. Except for the
conveyance of easement rights as set out herein, no other interest in the fee estate is being
conveyed, 'This means that all other surface and mineral rights owned by Grantor are not
included in this grant of the Easement. Notwithstanding the foregoing, Grantor waives all rights
OFFICIAL RECORD
CITY SECRETARY
I+'1r.WORT141 TX
to use the surface of the Land for the purposes of exploring, developing, mining or drilling for
oil, gas and other minerals in, on or under the Land. The foregoing waiver of surface rights shall
not be construed to prohibit Grantor from using the surface of any lands other than the Land for
activities related to the development or production of the oil, gas and other minerals in and under
the Land by pooling or directional or horizontal drilling under the Land from well or mine sites
located on lands other than the Land but that enter or bottom under the Land. Notwithstanding
any provision contained herein to the contrary, Grantee shall have the right and privilege to own,
use and remove from the Land all sand, gravel, dirt, rock and other similar materials as may be
necessary in exercising the rights granted herein.
2. Installation and Maintenance of Facilities. Grantee is authorized to construct and
install, and thereafter maintain and operate the following facilities on the Land:
(a) a public recreational path (the "Path") approximately eleven feet (I V) in width.. The
Path is to be a part of the Marine Creek Loop Trail and is for the use of the general
public as a walking,jogging and biking trail; and
(b) a potable water line (the "Water Line") for the purpose of providing drinking water to
the general public in connection with the use of the Marine Creek Loop Trail.
The Path and Water Line are sometimes collectively referred to herein as the "Facilities." The
construction and installation, and subsequent maintenance and operation, of the Facilities shall
be at Grantee's sole cost and expense. All matters concerning the location, construction,
reconstruction, operation, maintenance, inspection, alteration, repair, replacement and relocation
of the Facilities shall be at Grantee's sole discretion.
3. Maintenance of Land and Path. Grantee shall maintain the Land and the Path in a
clean and sightly condition. Grantee agrees that it will mow the Land every three weeks during
I
the period beginning on April 1 and ending on October 1 in each year. During the remainder of
each year, Grantee agrees to mow the Land on an as-needed basis in order to maintain it in a
sightly condition.
4. Removal of Obstructions. Grantee shall not be liable to Grantor for any damages
resulting from keeping the Land clear of trees, brush, undergrowth and other unauthorized
obstructions in the course of surveying, constructing, reconstructing, operating, maintaining,
inspecting, altering, relocating, replacing, repairing, or removing the Facilities.
5. Access. Grantee shall have full and unlimited access at all times along and upon the
Land for the purpose of surveying, constructing, reconstructing, maintaining, operating,
inspecting, altering, replacing, repairing, relocating or removing the Facilities.
6. Performance of Work. Grantee agrees that all work performed in connection with
the rights granted herein to survey, construct, reconstruct, operate, maintain, inspect, alter,
relocate, replace, repair and remove the Facilities shall be performed in a good and workmanlike
manner, and in compliance with all applicable laws, statutes, regulations, ordinances and orders
of any governmental authority having jurisdiction over the Land. Grantee further agrees to
maintain the Facilities located on the Land in good order and repair at Grantee's sole cost and
expense.
7. No Surface Imtirovements. Grantor agrees not to erect or permit any buildings,
structures or other improvements or obstructions on the Land. Grantor may place or allow the
placement of below-ground utility lines for the purpose of providing utility service to the
adjacent lands of Grantor so long as such line(s) are buried and constructed in such a manner as
to fully comply with all applicable rules, regulations, ordinances and laws, and do not interfere
with the rights of Grantee hereunder. Grantor also may construct surface drainage swales and
3
drainage culverts on and/or under the Land and the Path so long as such drainage facilities fully
comply with all applicable rules, regulations, ordinances and laws, and do not interfere with the
rights of Grantee hereunder or the use of the Facilities. Grantor further agrees that Grantor will
not excavate, remove or place materials within the Land without the prior written permission of
Grantee, except as provided hereinabove with regard to utility and drainage crossings.
8. Binding Effect. The terms and provisions hereof shall inure to the benefit of and be
binding upon Grantor and Grantee and their respective heirs, executors, administrators, legal
representatives, agents, servants, employees, contractors, successors and assigns, and shall be
covenants running with the land.
9. Entire Agreement. This instrument covers all of the agreements between the parties
respecting the subject matter hereof, and no prior representations or statements, verbal or written,
have been made modifying, adding to or changing the terms of this instrument.
10. Amendments. No amendments, modifications or revisions hereof shall be effective
unless made in writing, dated subsequent to the date hereof, and signed by the parties hereto, or
their respective heirs, executors, administrators, successors or assigns.
TO HAVE AND TO HOLD the above-described Easement, together with all and singular
the rights and appurtenances thereto in anywise belonging, unto the Grantee, the said CITY OF
FORT WORTH, a home-rule municipal corporation, its successors and assigns, forever. Grantor
does hereby bind itself, its successors and assigns, to WARRANT AND FOREVER DEFEND all
and singular the said Easement unto the Grantee, its successors and assigns, against every person
whomsoever lawfully claiming or to claim the same or any part thereof.
EXECUTED this day of __' 2018.
4
GRANTOR:
HAYCO REALTY, LTD.
Haydn Cpder S Q S kj_;�^h
STATE OF TEXAS
*
COUNTY OF TARRANT
The foregoing instrument was acknowledged before me on this I(D day of
2018,by (�f
COURTNEY R. PETTIS No"Public, te of Texas
^J14I U6 4
'..6S Notary Public,State of Texas
y:. °c Comm. Expires 03-02-2021
'Ill/! 0;,, Notary ID 129203459
GRANTEE:
CITY OF FORT WORTH,
a'Texas home-rule municipal corporation
Atte �
SRT
Mary �. K ys ; :�� Assistant City Manager
U; a
APPRO AS PO L ALITY:
XAS
M&C: Jessica Tgs vang, ssistant City Attorney
1295:.___
STATE OF TEXAS
*
COUNTY OF TARRANT
The foregoing instrument was acknowledged before me on this YA day of
2018, by&r za o Co}ola_ , Assistant City Manager of the City of Fort
Worth, a me-rule municipal corporation,on behalf of said City.
PGef TRIKINYA L. JOHNSON
� ..
Notary Public, State of Texas Notary blic,%IIFFICIAL
to of Texas
.N;
Comm. Expires 04-17-2022 RECORD
Notary ID 1238832-0
CITY SECRETARY
5 FT.WORTH,TX
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
Name of Employee/C aNaG GoRai4i✓
Title
AFTER RECORDING RETURN TO CITY OF FORT WORTH
City of Fort Worth
Park & Recreation Department
Fort Worth Texas 76115
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
6
EXHIBIT"A"
LEGAL DESCRIPTION
PERMANENT TRAIL EASEMENT"A"
BEING 0.022 acre of land located in the A. ALBRIGHT SURVEY, Abstract No. 1849, Fort
Worth, Tarrant County, Texas, and being a portion of the tract of land conveyed to HAYCO
Realty, Ltd., by the deed recorded in Volume 14192, Page 644, of the Deed Records of Tarrant
County,Texas.Said 0.022 acre of land being more particularly described by metes and bounds
as follows:
BEGINNING at a point lying in the East boundary line of aforesaid HAYCO Realty, Ltd. Tract,
being located N 00° 25' 15"W 107.27 feet,from a 518" iron rod found at the Southeast corner
of said HAYCO Realty, Ltd.Tract;
THENCE N 02°43'51"W 218.33 feet, to a point in the most Southerly North
boundary tine of said HAYCO Realty,Ltd.Tract;
THENCE N 89°34'45"E B.80 feet, along the most Southerly North boundary line of
said HAYCO Realty, Ltd.Tract,to a point;
THENCE S 009 25' 15" E 218.16 feet, along the East boundary line of said HAYCO
Realty, Ltd. Tract, to the POINT OF BEGINNING containing 0.022 acre(960 square feet)of
land.
LEGAL DESCRIPTION
PERMANENT TRAIL EASEMENT"A-1"
BEING 0.133 acre of land located in the A. ALBRIGHT SURVEY, Abstract No. 1849, Fort
Worth, Tarrant County, Texas, and being a portion of the tract of land conveyed to HAYCO
Realty,Ltd„ by the deed recorded in Volume 14192, Page 644,of the Deed Records of Tarrant
County, Texas. Said 0.133 acre of land being more particularly described by metes and bounds
as follows:
BEGINNING at a point lying In the Northerly South boundary line of aforesaid HAYCO Realty,
Ltd.Tract,being located S 79°10'33"E 7.04 feet,from a 112"iron rod found at the Northwest
corner of a tract of land conveyed to Eagle Mountain--Saginaw Independent School District, by
the deed recorded in County Clerk's File No. D214249566, of the Real Property Records of
Tarrant County,Texas;
THENCE NORTHEASTERLY 40.34 feet, along a curve to the right, having a
radius of 125.50 feet, a central angle of 18° 25' 03", and a chord bearing N 27° 19' 13" E
40.17 feet,to a point at the end of said curve;
THENCE N 36°32' 45"E 16.93 feet,to a point at the beginning of a curve to the left;
THENCE NORTHEASTERLY 56.19 feet, along said curve to the left, having a
radius of 74.50 feet, a central angle of 43° 12' 43", and a chord bearing N 14° 56' 59" E
54.86 feet, to a point lying in the North boundary line of aforesaid HAYCO Realty, Ltd,Tract,
and the South boundary line of a tract of land conveyed to the City of Fort Worth,Texas, by
the deed recorded In County Clerk's File No. D209019170, of the Deed Records of Tarrant
County,Texas;
THENCE S 79° 09'32"E 52.43 feet, along the North boundary line of said HAYCO
Realty, Ltd. Tract and the South boundary line of said City of Fort Worth Tract,to a point;
THENCE SOUTHWESTERLY 78.85 feet, along a curve to the right, having a
radius of 125.50 feet, a central angle of 35" 59' 45", and a chord bearing S 18°33'28"W
77.55 feet,to a point at the end of said curve;
THENCE S 36°32'45"W 16.90 feet,to a point at the beginning of a curve to the left;
THENCE SOUTHWESTERLY 17.38 feet, along said curve to the left, having a
radius of 74.50 feet, a central angle of 13° 22' 01", and a chord bearing S 29° 50' 44" W
17 34 feet, to a point lying in the Northerly South boundary line of said HAYCO Realty, Ltd.
Tract and the North boundary line of aforesaid Eagle Mountain — Saginaw Independent
School District Tract;
Page 1 of 4
0:1201711 ASEMENTSITRWA Marine Uret*\HAYCO 2017.PennaUeaf Trail Esmt.A&Kdac
THENCE N 79° 10'33"W 51.71 feet, along the most Northerly South boundary line
of said HAYCO Realty, Ltd. Tract and the North boundary line of said Eagle Mountain —
Saginaw Independent School District Tract, to the POINT OF BEGINNING containing 0.133
acre(5,777 square feet)of land.
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Page 2 of 4
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EXHIBIT
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WESTOVER DEVELOPMENT, LTD.
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POINT OF
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HAYCO REALTY, LTD. 1 __-_-____— a1
VOLUME 14192, PAGE 844
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TEXAS ELECTRIC SERVICE COMPANY - VOLUME 2200. PAGE 310, D.R.T.C.T.
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SUR VOLUME 14192, PACE 644 ;
D.R.T.C.T. '
APRIL 11. 2017.
PAGE 1 3' OF 4
DRITTAIN & CRAWFORD PERMANENT
LAND SURVEYING & TRAIL o
TOPOGRAPHIC MAPPING EASEMENT "As"
(al 7) 926-0211 — NIGRO (ell) 429-et 12 0.022 ACRE OF LAND
FAX Na* (817) 926-9347 O
P.O. BOX 11374 - 3908 SOUTH FREEWAY LOCATED IN THE
PORT WORTH, TEXAS 76110 A. ALBRIGHT SURVEY, ABSTRACT No.
EMAIL: odmindlydtoin--crowlord.com 1049 FORT WORTH,
TARRANT COUNTY, TEXAS 80'
cencl arww/oao�rerxmw/wnac c.ccr/,rveotr,,,,o,,,c
EXHIBIT "A-111
course eenrin6 Dlstsace
L1' Aad: 12S.50' Aro: 40.34'
Tan: 20.35' CA: 18'25'03'
Chd: N 27.18113• E x10.17'
2 N 36.32.46' t 1G.08
L3 sad: 74.90' A": 17.9e•
Tan: CA: 13'22'01'
1 1 Chtl: s 2s"60'414'_L 17.34'
r THE CITY OF FORT WORTH, TEXAS f
1 CC# D209010170
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HAYCO REALTY, LTD. n=43'!243"�.. 86Q08'32"$
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VOLUME 14192, PAGE 644 R=74.50'
D.R.T.C.T. Lo50.18' J
CH=N 14'50'59"E ' ' -
54.86' _.wr A=38.69'45"
1/2" IRON RDD R=I,E5.5D'
FOUND L=78.85'
CH=S 16'33'28'W
1/2" IRON ROD 77.56
3)8.01. POUND
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APR'L 11 2017 '
PAG 4 ON 4
BRITTAIN & CRAWFORD PERMANENT
LAND SURVEYING TRAIL 11 z
TOPOGRAPHIC MAPPING EASEMENT 99A-1"
(817) 928-0211 - METRO (817) 429-5112 0.133 ACRE OF LAND
PAX No. (817) 926-9347 O
P.O. 8D% 11374 ' 3908 SOUTH FAFEWAY LOCATED IN THE
FORT WORTH, TEXAS 76110 A. ALBRIGHT SURVEY, ABSTRACT No.
E11AIt:'odmirk8brittoin-Crowtordtom
1849 FORT FORTH,
TARRANT COUNTY, TEXAS eQ
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