HomeMy WebLinkAboutContract 36495STATE OF TEXAS §
CITY SECRETARY CONTRACT NO. 1;EkqGJ.
COUNTY OF TEXAS §
WHEREAS, the City of Fort Worth ("Cityadopted its "Master Thoroughfare
Plan" (the "MTP") which describes the development of the City's roadway infrastructure;
and
WHEREAS the MTP includes the development of Old Denton Road from
Station 31+93.80 North for a distance of approximately nine -hundred seventeen. fifty-
eight (917.58) feet, to Station 41+11.38, (said roadways therewith being referred to
herein as the "Improvements"); and
WHEREAS, the City's Policy for Installation of Community Facilities requires
Owners of property abutting proposed city roadways to construct or, upon request of an
Owner, contribute a portion of the construction costs; and
WHEREAS, WGK Development, Inc., a Texas Corporation ("Owner"), is the
owner of the tract of land as described in Exhibit A (the "Property"), a tract of land
consisting of approximately 13.885 acres and bordering the Improvements; and
WHEREAS, Owner has requested that City rather than Owner construct the
Improvements and City has agreed, subject to the terms of this Agreement;
NOW THEREFORE, City and Owner, acting herein by and through their duly
authorized representatives, enter into the following agreement:
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 One hundred ninety-one thousand two
hundred nine Dollars and 00/100's ($191,209.00), such amount being hereinafter
referred to as the "Escrow", which Owner and City agree is the entire amount of
Owner's contribution for the cost to construct the Improvements. 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
Widening of Old Denton Road
CFA 2007097
11 1407
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(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
Owner and their respective successors and assigns.
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 Old Denton Road and being roughly proportionate to the impact of the
proposed development along said roadways, and fairly represents the Owner's
proportional share of the cost of the improvements to Old Denton Road. +
Should any claim be raised by Owner or Owner's successors -in -interest or
assigns that the Escrow provided for herein is not proportional to the impacts of the
development pursuant to Tex. Loc. Gov't Code sec. 212.904, successor -statute or any
constitutional provision, Owner expressly agrees that the City Council and any
reviewing court may rely upon the statements in this Agreement in considering relief
under such claim. Owner further waives any claim that Owner's contribution in Escrow
provided by this Agreement constitutes an unauthorized impact fee pursuant to Tex.
Loc. Gov't Code chapter 395.
Widening ofOld Denton Road
CFA 2007097
11 14 07
Executed on this day of 200$.
Marty Hendrix
CITY OF FORT WORTH
gy:Zz 4 WOO\
/
Marc .Ott
City Secretary Assistant City Manager
NO M&C REQUIRED
APPROVED AS TO FORM
By:
Name:
Title:
TRANSPORTATION AND PUBLIC WORKS
DEPARTMENT
Rc�ert Goode, P.E.
Director
Widening of Old Denton Road
CFA 2007097
I1 1407
OWNER:
WGK DEVELOPMENT, INC.,
a Texas corporation
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the u OP. Ctu,tho44i-ity, a Ny otary Public in and for the State of Texas,
this day personally appeared tasstsaon
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.
.._
STATE OF TEXAS
1
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HAND AND SEAL OF OFFICE this 4.4� day
HEtTIE LANE
MY COMMISSION EXPIRES
Juty 285 2011
Notary Public, State of Texas
My Commission expires:
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared (,� Gc�i //,' hcai� '--, ,known to me to be the
persons whose name is subscribed to the fob going instrument, and acknowledged to that he
executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY
HAND AND SEAL OF OFFICE this
NotaryjFuU11c, State of Texas
My Commission expires:
a�i3 /0 9
day
Widening of Old Denton Road
CFA 2007097
I 1 14 07
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EXHIBIT A
Being a 13.885 acre tract of land in the A. Smith Survey, Abstract No. 1419 and the J. A. Walker
Survey, Abstract No. 1738, Tarrant County, Texas. Said tract is a portion of that 29.251 acre tract
described in deeds recorded in Volume 10721, Page 608, Volume 12558, Page 544, Volume 13419,
Page 539, Volume 16586, Page 625, County Clerk's Instrument No. D204091354 and County
Clerk's Instrument No. D204330210 all being found in the Tarrant County Deed Records. Said
13.885 acre tract is more particularly described as follows:
Beginning at an "5/8" iron with cap found at the southeast corner of Lot 6, Blocic 1, Western Center
Addition, an addition to the City of Fort Worth as shown on the plat recorded in Cabinet A, Slide
11170, Plat Records, Tarrant County, Texas, and also being in the westerly line of Interstate
Highway I-3 5 W;
Thence S 10 degrees 25 minutes 02 seconds E with the westerly line of Interstate Highway I-3 5 W,
435.40 feet to a highway monument found at the beginning of a curve to the right;
Thence 589.07 feet with the arc of said curve to the right and the westerly line of Interstate
Highway I-35W to a highway monument found in the southerly line of said 29.251 acre tract and in
the northerly line of an 18.58 acre tract described in a deed to Broolchollow 1170 Limited
Partnership and recorded in Volume 153515 Page 368 said deed records. Said curve to the right has
a radius of 11,234.47 feet, a central angle of 3 degrees 00 minutes and 15 seconds and a long chord
which bears S08 degrees 54 minutes 55 seconds E, 589.00 feet;
Thence S 89 degrees 48 minutes O1 seconds W with the southerly line of said 29.251 acre tract and
the northerly line of said 18.58 acre tract, 647.87 feet to a 5/8" capped iron found at the southerly
southwest corner of said 29.251 acre tract, the northwest corner of said 18.58 acre tract and in the
easterly line of Old Denton Road;
Thence N 00 degrees 07 minutes 12 W with a westerly line of said 29.251 acre tract and the
easterly line of Old Denton Road, 51.32 feet to a 5/8" capped iron found at a corner of said 29.251
acre tract;
Thence S 89 degrees 57 minutes 48 seconds W with a line of said 29.251 acre tract, 31.90 feet to an
"X" in concrete found in Old Denton Road at the westerly southwest corner of said 29.251 acre
tract;
Thence N 00 degrees 01 minutes 48 seconds E with the westerly line of said 29.251 acre tract and
in Old Denton Road, 961.63 feet to an "X" in concrete found;
Thence S 89 degrees 56 minutes 16 seconds E, at 46.49 feet pass a 5/8" iron with cap found in the
easterly line of Old Denton Road and at the southwest corner of said Lot 6, Blocic 1, Western
Center Addition and continue on with the southerly line of said Lot 6 for a total distance of 509.37
Feet to the point of beginning and containing 13.885 acres or 604,830 square feet.
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EXHIBIT A
Being a 13.885 acre tract of land in the A. Smith Survey, Abstract No. 1419 and the J. A. Walker
Survey, Abstract No. 1738, Tarrant County, Texas. Said tract is a portion of that 29.251 acre tract
described in deeds recorded in Volume 10721, Page 608, Volume 12558, Page 544, Volume 13419,
Page 539, Volume 16586, Page 625, County Clerk's Instrument No. D204091354 and County
Clerk's Instrument No. D204330210 all being found in the Tarrant County Deed Records. Said
13.885 acre tract is more particularly described as follows:
Beginning at an "5/8" iron with cap found at the southeast corner of Lot 6, Block 1, Western Center
Addition, an addition to the City of Fort Worth as shown on the plat recorded in Cabinet A, Slide
11170, Plat Records, Tarrant County, Texas, and also being in the westerly line of Interstate
Highway I-35W;
Thence S 10 degrees 25 minutes 02 seconds E with the westerly line of Interstate Highway I-35W,
435.40 feet to a highway monument found at the beginning of a curve to the right;
Thence 589.07 feet with the arc of said curve to the right and the westerly line of Interstate
Highway 1-35W to a highway monument found in the southerly line of said 29.251 acre tract and in
the northerly line of an 18.58 acre tract described in a deed to Brookhollow 1170 Limited
Partnership and recorded in Volume 15351, Page 368 said deed records. Said curve to the right has
a radius of 11,234.47 feet, a central angle of 3 degrees 00 minutes and 15 seconds and a long chord
which bears S08 degrees 54 minutes 55 seconds E, 589.00 feet;
Thence S 89 degrees 48 minutes O1 seconds W with the southerly line of said 29.251 acre tract and
the northerly line of said 18.58 acre tract, 647.87 feet to a 5/8" capped iron found at the southerly
southwest corner of said 29.251 acre tract, the northwest corner of said 18.58 acre tract and in the
easterly line of Old Denton Road;
Thence N 00 degrees 07 minutes 12 W with a westerly line of said 29.251 acre tract and the
easterly line of Old Denton Road, 51.32 feet to a 5/8" capped iron found at a corner of said 29.251
acre tract;
Thence S 89 degrees 57 minutes 48 seconds W with a line of said 29.251 acre tract, 31.90 feet to an
X' in concrete found in Old Denton Road at the westerly southwest corner of said 29.251 acre
tract;
Thence N 00 degrees 01 minutes 48 seconds E with the westerly line of said 29.251 acre tract and
in Old Denton Road, 961.63 feet to an "X" in concrete found;
Thence S 89 degrees 56 minutes 16 seconds E, at 46.49 feet pass a 5/8" iron with cap found in the
easterly line of Old Denton Road and at the southwest corner of said Lot 6, Block 1, Western
Center Addition and continue on with the southerly line of said Lot 6 for a total distance of 509.37
5eet to the point of beginning and containing 13.885 acres or 604,830 square feet.
PA DING (EXHIBIT B)
UDR Properties, LP
Vacant Land — Future Apartments
Zoned "C" Multifamily
TRBP Limited
Vacant Land — Future Apartments
Zoned "C" Multifamily
Existing Single Family
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GRAPHIC SCALE
WGK Development, Inc.
Proposed Hotel
Zoned "PD"
WGK Development, Inc.
Vacant Land
Zoned "G" Commercial
Proposed 8"
Paving
3000,# PCC
Approx. 3, 060 SY
and 918 LF
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North Fort Worth
j Baptist Church
1"=200'
BOypSTON DESIGNS, INC.
222 W. �jcciangc Ave., suite 105
Fort Worth, TX 76 i 64
oice: 817 626-7878 AMPFax: 817 62.6f879
T.• \2006\06031—Western Center Phase 2\_Design \Poving_�rs+ cxn�un_w�.+••r•
UDR Properties, LP
Vacant Land — Future Apartments
Zoned "C" Multifamily
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Vacant Land — Future Apartments
Zoned "C" Multifamily
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WGiC Development, Inc.
Proposed Hotel
Zoned "PD"
GRAPHIC SCALE 1"=200'
0 200 400 600
Proposed 10' Curb Inlet
Approx. 30 LF 24" RCP
Connect to Existing
Storm Drain
WGK Development, Inc.
Vacant Land
Zoned "G" Commercial
g Storm Drain
C
Proposed 20 Cu
rb
Connect to Existing
Storm Drain
Approx. 18 LF 24'°
North Fort Worth
Baptist Church
T.\2006\06031—Vlestern Center Phase 2\_Design\Paving_CFA Exhibit_06031.pro
PAVING
Item No. Item Description
1 8" PCC Paving
2 7" Curb and Gutter
Prepare subgrade, haul off excess, place non-
3 expansive fill
4 Bulk Lime Material (32 Ibs/SY)
5 6" Lime Stabilized Subgrade
6 4' Sidewalk
STORM DRAIN (B-1)
Item No. Item Description
1 20' Curb Inlet
2 10' Curb Inlet
3 24" RCP
4 Connect to Existing Stubout
5 Connect to Existing 66" RCP
TRAFFIC CONTROL
Item No. Item Description
1 Traffic Control per Plans
EROSION CONTROL
Item No. Item Description
1 Silt Fence
2 Construction Entrance
QTY Unit PU Cost Extension
3,060 Sy $ 38.00 $ 116,280.00
918 LF $ 7.50 $ 6,885500
1 LS $ 8,000.00 $ 8,000.00
52.2 TN $ 105.00 $ 5,481.00
3,264 SY $ 2.25 $ 71344000
918 LF $ 14.00 $ 12,852.00
Subtotal $ 156,842.00
QTY Unit PU Cost Extension
1 EA $ 3,600.00 $ 3,600.00
1 EA $ 2,200.00 $ 21200400
48 LF $ 44.00 $ 2,112.00
1 EA $ 400.00 $ 400.00
1 EA $ 900.00 $ 900.00
Subtotal $ 9,212.00
QTY Unit PU Cost Extension
1 LS $ 6,000.00 $ 6,000.00
Subtotal $ 6,000.00
QTY Unit PU Cost Extension
1,150 LF $ 1.70 $ 1,955.00
1 EA $ 1,200.00 $ 1,200.00
Subtotal $ 3,155.00
Total $ 175,209.00
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INTERSECTIONS
III STREETLIGHTS
S COST ESTIMATE:
MID -BLOCK RESIDENTIAL
CHANGE OF DIRECTION RESIDENTIAL
MID -BLOCK COLLECTOR
MID -BLOCK ARTERIAL
MID -BLOCK ARTERIAL MEDIAN
RELOCATE EXISTING LIGHT
DEVELOPERS COST: $16,000.00
CFA CODE # 2007097
Widening of Old Denton Rd
Fort Worth, Texas
PAGE 4 OF EXHIBIT "C"
QUANTITY UNIT COST
0 EA
0 EA
0 EA
0 EA
5 EA
0 EA
0 EA
$ 2,600
$ 2,600
$ 2,600
$ 2,600
$ 3,200
$ 31200
Subtotal
City's Cost
Developer's Subtotal
4% Inspection fee
Project Total
Adjacent Developer's Cost
Developer's Cost
TOTAL COST
November 1, 2007
$00,000.00
$001000400
$00,000.00
$001000000
$16,000.00
$001000600
$00,000.00
$00, 000.00
$001000600
$161000000
$0,000.00
$001000000
$00.000.00
$161000000
II. STREETLIGHTS WORK DESCRIPTION:
1. The Developer shall provide for the installation of streetlights at the approximate locations
shown in exhibit tics), immediately after final acceptance of the street construction, in
accordance with engineering plans and specifications approved by the Transportation and
Public Works Department.
2. Streetlights on residential and/or collector streets can be installed using overhead or
underground conductors with the approval of the director of transportation and Public
Works.
3. The City of Fort Worth will install all the streetlights that use overhead or underground
conductors on residential, and collector streets. The developer agrees to pay the City of
Fort Worth the amount shown below prior to the City starting its design efforts, at the option
of the developer and at their expense they may purchase the poles, fixtures, and mast arms
from the City in order to assure compliance with city material standards
4. Street lights on arterial streets shall be installed with underground conductors
5. The developer agrees to dedicate all easements required for the installation and
maintenance of the street lights and to provide for the installation of any electrical
transformers required for the proper operations of the street light system
6. The estimated cost of this streetlight installation is detailed on page (1) of exhibit tics) and is
summarized below. The streetlights will remain the property of, and will be maintained by
the City of Fort Worth.
DEVELOPERS COST: $16,000.00
November 1, 2007
CFA CODE # 2007097
Widening of Old Denton Rd
PAGE 2 OF EXHIBIT "Cs)
III. STREETLIGHTS LOCATIONS:
MID -BLOCK ARTERIAL:
Old Denton Rd 5
CFA CODE # 2007097
Widening of Old Denton Rd
PAGE 3 OF EXHIBIT "C"
1
K3
IV
STREET NAME SIGNS
The City of Fort Worth will install the street name signs upon final
approval of the street construction. The street name signs will remain
the property of, and will be maintained by, the City of Fort Worth.
The Developer will pay for the street name sign installations required
for this development to the extent of $245.00 per intersection. This
unit cost will be revised annually by the Department of Transportation
and Public Works to reflect prevailing costs of materials and labor.
This development creates the following zero (0) intersections at a cost
to the Developer of $0.00.
(No new intersections)
Widening of Old Denton Rd
CFA code: 2007091 November 1, 2007