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HomeMy WebLinkAboutContract 47952-T1 CITY SECRETARY coNmcT No. 4795;t-TI REVOCATION OF STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into by and between Hayco Realty, Ltd. Acting by and through John Cockerham, hereinafter referred to as "Landowner", and the City of Fort Worth, hereinafter referred to as "City". WITNESSETH WHEREAS, the Landowner is the owner of certain real property described as an approximately 1.357 acre tract located in the Joseph Boman Survey. Abstract No. 79,City of Fort Worth, Tarrant County, Texas according to the deed recorded in Volume 14192, Page 664, 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 July 2016 in connection with the development of landowners adjacent property; and WHEREAS, the Landowner 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. 47952 and which is recorded in Instrument No. D216148991 in the Deed Records, Tarrant County, Texas; and WHEREAS, the Landowner and City wish to revoke said Stormwater Facility Maintenance Agreement because the landowner is proceeding to build on and develop the Property according to Site Plan/ Subdivision Plan known as Marine Creek Ranch Section 13, and it is in the interest of the parties to revoke the Agreement; and ?�!`q OFFICIAL RECORD 9p ply CITY SECRETARY FT. WORTH,TX REVOCATION OF STORMWATER FACILITY MAINTENANCE AGREEMENT 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. 47952) recorded in Instrument No. D216148991 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. Executed this, gO.-Irtl day of M gKCG % 2011. Landowner City Fort Worth h Hayco Realty, Ltd. A Texas Limited Partnership Jesus J. Chapa Assistant City Manager By: Harrison Realty Investments, LLC, A Texas Limited Liability Company General Partner Ap oved as to Form and Legality h By:� P&E.Sxv em Assistant City Attorney F®l�T ST A. O; •�O ity Secretary OFFICIAL RECCSRD ,r'• XpS , CITY SECRETARY FT. WORTH,TX REVOCATION OF STORMWATER FACILITY MAINTENANCE AGREEMENT STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on )0Iq by Jesus J. Chapa, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. =o"""•°`','.' MARIA S.SANCHEZ '/? A�{y My Notary ID#2256490 Expires December 19,2021 Notiry Public, State of Texas STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersi ned authority on this day of bo , 20 personally appeared John Cockerman, known to me to be th person whose name is subscribed to the foregoing instrument and acknowledged to me that the same is the act of Harrison Realty Investment, LLC, General Partner of Hayco Realty Ltd, and that he executed the same as its President and as the act of such Limited Partnership and for the purposes and consideration expressed in the foregoing instrument. LPQ�PUd MARY ECHEVARRIA Notary 10#128406991 Notary Public, tate of Texas s, r My Commission Expires 'rcors�+ October 6,2022 EFT. WORTH, EC®R® ETARY TX REVOCATION OF STORMWATER FACILITY MAINTENANCE AGREEMENT of 3 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. - ---- Ashraf Ibrahim Management Analyst II OFFICIAL RECORD CITY SECRETARY FT WORTH,TX