HomeMy WebLinkAboutContract 33791 STATE OF TEXAS §
CITY SECRETARY CONTRACT NO. _
COUNTY OF TARRANT §
WHEREAS, the City of Fort Worth ("City") has adopted its "Master Thoroughfare
Plan" (the "MTP") which describes the development of the City's roadway infrastructure;
and
WHEREAS, the MTP includes the future development of Dirks Road from
Granbury Road westward along the Property (defined below) and beyond. (As used
herein, the term "Improvements" includes all items included in the definition of the term
"Improvement" in Section 313.001 of the Texas Transportation Code, all excavation,
lighting, signage and traffic signals, and all sewer, water, and other utilities in
connection with the development of Dirk's Road pursuant to the MTP); and
WHEREAS, the City's Policy for Installation of Community Facilities requires
Owners of property abutting proposed city roadways to contribute a portion of the
construction costs; and
WHEREAS, All Storage Granbury, L.P., a Texas limited partnership ("All Storage
Granbury"), is the owner of Lot 2R2, Block 3, Granbury Station Addition, an addition of
the City of Fort Worth, Texas, as evidenced by plat FS-004-029, recorded in Cabinet A,
Slide 9399 of the Plat Records of Tarrant County, Texas, and All Storage GB, L.P. ("All
Storage GB") is the owner of Lot 2R1, Block 3, Granbury Station Addition, an addition to
the City of Fort Worth, Texas, as evidenced by plat FS-004-029, recorded in Cabinet A,
Slide 9399 of the Plat Records of Tarrant County, Texas, which parcels of property
together consist of approximately 21.518 acres and border Dirks Road and along which
the Improvements will be constructed. (All Storage Granbury and All Storage GB are
affiliated entities and are hereinafter individually and collectively referred to as the
"Owner." Lots 2R1 and 2R2, Block 3, Granbury Station Addition, Tarrant County, Texas
are hereinafter referred to as the "Property");
NOW THEREFORE, City and Owner, acting herein by and through their duly
authorized representatives, enter into the following agreement:
1.
The City may construct (or cause to be constructed) the Improvements, provided
public funds are available, abutting properties develop, or construction is found to be
necessary by the Director of Transportation and Public Works.
2.
Owner has paid to the City the sum of Two Hundred Fourteen Thousand, Two
Hundred dollars ($214,200), such amount being hereinafter referred to as the "Escrow",
CONTRACT FOR FUTURE IMPROVEMENTS PAGE 1
which Owner and City agree is the entire amount of Owner's contribution for the cost to
construct the Improvements abutting the Property. By providing the Escrow, Owner
agrees:
(a) this payment to the City is an assessment contemplated under Chapter
313 of the Texas Transportation Code; and
(b) the amount of special benefit and enhanced value to Owner's property
resulting from construction of the Improvements is equal to or greater than
the amount of the Escrow, and
(c) to waive the rights granted to Owner in Chapter 313 of the Texas
Transportation Code to contest or appeal the assessment.
By accepting the Escrow and by execution of this contract, City agrees that the
Owner and any successor owner of all or part of the Property will have no obligation
whatsoever to pay any amounts in addition to the Escrow or take any further action with
regard to the construction of the Improvements, even if (a) the actual costs to construct
the Improvements exceed the costs expected by the City as of the date of this contract,
(b) the specifications, composition, or other characteristics of the Improvements
hereafter change for any reason, (c) a mistake has been made (mutual or unilateral) in
computing the costs of the Improvements or otherwise, or (d) the costs or scope of the
Improvements change for any reason.
3.
Owner and City agree that the terms of this agreement eliminate the need for a
public hearing and issuance of notices as required by Tex. Transp. Code Ann.
§§313.047-313.048 (Vernon Supp 1998).
4.
This agreement shall be binding upon and inure to the benefit of the City and its
successors and assigns and Owner and the Owner's successors and assigns hereafter
owning all or part of the Property.
5.
Owner is in the process of developing the Property. Owner has deposited the
Escrow with the City for the future Improvements, such Improvements being
necessitated in part by the additional demands that the development of the Property will
be placing upon Dirks Road and being roughly proportionate to the impact of the
proposed development along said road, and fairly represents the Owner's proportional
share of the cost of the improvements to Dirks Road. Owner waives any right to claim
or assert that the Escrow is not roughly proportionate to the impact of the proposed
development along said road, or does not fairly represent the Owner's proportional
��
CONTRACT FOR FUTURE IMPROVEMENTS f�F161-11A GE 2
Ur.a:•nn U ��
a
share of the cost of the Improvements to Dirks Road as a result of the additional
demand placed on Dirks Road from the development of the Property.
[THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK.
SIGNATURE PAGES TO FOLLOW.]
n � nr,
CONTRACT FOR FUTURE IMPROVEMENTS �'l�v�ilk 'hPAGE 3
RECEIVEn
-z 2006
Executed to be effective as of the 18th day of May, 2006.
ATTEST: CITY OF FORT WORTH
e
By:
Marty Hendrix Marc A. Ott
City Secretary Assistant City Manager
NO M&C R��CJII� D
APPROVED AS TO FORM OWNER:
ALL STORAGE GRANBURY, L.P.
Drage Grapbrry GP, Inc.
Assista ity ttorne
By:_
Name:
?n0w=ta1.
bh
LI Title: VICE PRESIDENT
T'roAS po r�- 0 r\ OJJ 1'1 a'c- workC
�ePar�rnem� ALL STORAGE GB, L.P.
By: All Storage GB GP L.L.C.,
a Texas limite Ii ility company,
its general
Eb er-+ G-cao e., P.
rEC�or By:—
Name:
Title: ICE PRESIDENT
Approved asto Form: f/
Contract uthorization
1 .
Date Attorn r Owner
CONTRACT FOR FUTURE IMPROVEMENTS PAGE 4
Ya ✓ .uJL� a ..
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Marc A. Ott, assistant city manager for the City of
Fort Worth, known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that the same was the act of the City of Fort Worth
and that he executed the same as the act of said City of Fort Worth for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day
of 12006.
Notary Public, State of Texas
My Commission expires:
STATE OF OKlPtHyv 6 §
COUNTY OF §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Hark-Mr-4u�eIA-,eside,%--f' of All
Storage Granbury GP, Inc., a Texas corporation that is the general partner of All Storage
Granbury, L.P., a Texas limited partnership, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the
act of said corporation acting on behalf of said limited partnership and that he executed the
same as the act of said corporation acting on behalf of said limited partnership for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 24' day
of t—t , 2006.
Notary Public, State 6f Texan 0I.�.�►�
_
11111,4275 '
e"EXP.313.07 a
(NAND fg
;oysy FOR PZ�• My Commission expires:
t3 0
q•N
�C,IJ l ��EC0�9
CONTRACT FOR FUTURE IMPROVEMENTS N r'io r; a•17 PAGE 5
STATE OF Oxt,A Hflm A §
COUNTY OF LAN AD 1.4 t4 §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared vices. Pres ld r-� of All
Storage GB GP, L.L.C., a Texas limited liability company that is the general partner of All
Storage GB, L.P., a Texas limited partnership, known to me to be the person whose name
is subscribed to the foregoing instrument, and acknowledged to me that the same was the
act of said limited liability company acting on behalf of said limited partnership and that he
executed the same as the act of said limited liability company acting on behalf of said
limited partnership for the purposes and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this Z�-F�" day
of , 2006.
"'%\P-
Y
K-EP"' l
SPU 7�C
< e;.�' Notary Public, State of texas- c7lc laho r++.�.•
�#03004275 0
N EXP.3113107 Q _
;9 (NAND g:
�C'•,�. FOR M Commission expires:
",;,',,IA
,' OF OK�P•'�a�, y p
,,qu1uN�N
CONTRACT FOR FUTURE IMPROVEMENTS '�'� I ��LvE �} P! PAGE 6
tC t,i n
00-
133 � er Rood Haltom ON
tdrcxseway Ave � 10
i.oM Ave m
. ; 183 Ri tk.s� H II S
r:e=m Valk Midway1�oa;
w 18]
j od
Nts
v`S y�
121
i��t�t&5att €�"7 ozst3 E3r',d+{B
VII 3
71f St
11 k 1
tGW` �r F* t'tJ01h
rg lar. b d
W.
Secn ' Or
tfr �r
Foreat Htl
alva
51TE :=IC-man Pkwy E;wrm3r�
S" Road
-trcnt4rr
0
a
Y�
m
ce
O
z
DIRKS ROAD
MlE wtn vVllK Ow
APPROXIMATE LOCATION OF
FUTURE IMPROVEMENTS
INDICATED BY HASHED AREA(S).
GENERAL LOCATION OF
FUTURE IMPROVEMENTS
OFF]-
TO DIRKS ROAD ��
SCO
WEST FROM GRANBURY ROAD
TO FORT WORTH & RIO GRANDE RAILROAD R.O.W.
Ag"VII �TNq lWO
099103M Ply,
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
J 0 0 0 0 0 (D 0 O
Q O '[t U) O � 0 0 O
O N U') 'T O O O N
O Lo00 (Dg000
� N
69 69 69 69 69 69 ff� 6F}
O O O (D U) 0 0
O N O O N O O
= w LO M N M O O
N O O
X 'y O O
c a N O
C x d4 69 69 69 69 69 ff�
_ 3 w
U
f0 O
CO
D -o -2 -2
C L L (u (u a
-t 0 Cf 3 Z3 Z3 c 07
:
m w U 07 07J
co
a o j (A (A
U ++
d
d
L
N O O OO O 000
A F- O f— LO N (D L
d M V V N M
d
Q
O
L
a
m W
i a c
0 =
U O C (A
C N
a) V
o_ d > 0
E F- d
> x -0 cam _
O w cu a c J
a -0
Q. a v M •X O
cn U -Cw
,�'
V w m O O 3 O w +
— c E _ o -a_ m0
LL J O (/5 J f/)
i