HomeMy WebLinkAboutContract 37596CITY SECRETARY
NTRACT No. 3�
Agreement
This Agreement is entered into this September `� , 2008, between the City of Fort
Worth ("City") and Amon G. Carter Foundation ("Foundation").
Recitals:
1. By deed dated February 21, 1955 ("Deed"), Foundation transferred to City
property described in Exhibit A attached to this Agreement ("Property").
2. The Deed contains the following reservation and reverter:
... and with the restriction, covenant, limitation and condition that the property hereby
given and conveyed shall be used as a public park only for the City of Fort Worth, its
successors or assigns, and not otherwise, and in the event of cessation of usage as a
public park, and violation of this condition and covenant, then this conveyance shall
become null and void, and the property hereby given and conveyed shall absolutely and
without suit or re-entry revert to the Grantor herein, its successors or assigns, and no
omission upon the part of any of them shall be a waiver of the operation, or enforcement
of such covenant, or reverter.
3. City proposes to enter into a gas mineral lease ("Lease") with respect to the
Property.
NOW, THEREFORE, for $10.00 and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, City and Foundation agree as follows:
A. Without violation of the restriction, covenant, limitation and condition contained
in the Deed, the City may enter into a gas lease, provided the lease complies with the provisions
of paragraph B. below.
B. Except in connection with use of the surface of the Property as In public park, no
one, including, but not limited to, the lessee under the Lease ("Lessee") and any person
purporting to act for or on behalf of the Lessee, as agent, contractor, employee, or in any other
capacity, shall enter the Property, surface or subsurface. The only exception permitted by this
paragraph B. shall be drilling and casing beneath the surface at the depth of the Barnett Shale
Formation but, in no event less than 4,000 feet beneath the surface of the Property. No drilling,
seismic surveys or other activity shall be conducted on the surface of the Property and no
vehicles, electric lines, pipelines, tanks, equipment, or other structures related to drilling or
production shall enter or be placed on the surface of the Property. Further, the City shall
not authorize the Lessee or any person purporting to act for or on behalf of the Lessee, as
agent, contractor, employee, or in any other capacity, to conduct drilling or seismic surveys
or to locate a pipeline within 500 feet of the Property. A_
OFFICIAL
RECOR_;
Agreement CITY $EIR�E
FT. WORTH, TX J
C. Except as provided in this Agreement, the provisions of the Deed are ratified and
affirmed.
Executed this September. 120086
ASSiSTpNT CITY' ATTORNEY
C a 3oa�
Co.ntr=t Authorization
Ci log
STATE OF ifKAS
COUNTY OF TARRANT
City of Fort Worth
Name: F rffi.,a 10 Ce.
Title: Af.lt-t+ C:t, r�aft�n.e
Amon G. Carter Foundation
W. Patrick Harris
Vice -President —Investments
On this September, 2008, personally appeared before me, the undersigned
authority, Fernando Costa ,
�9._ _ ■ �
of the City of Fort Worth, and acknowledged to me that (s)he signed the aforesaid document for
the purposes and consideration therein expressed and in the capacity therein stated.
Seal and Date Commission Expires:
;=o:"P'�`ulaox�o: HETTIE LANE
*: "= MY COMMISSION EXPIRES
Notary Public in and for the
tate of Texas
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Agreement
STATE OF TEXAS
COUNTY OF TARRANT
On this September 10, 2008, personally appeared before me, the undersigned authority,
W. Patrick Harris, Vice -President — Investments of the Amon G. Carter Foundation, and
acknowledged to me that he signed the aforesaid document for the purposes and consideration
therein expressed and in the capacity therein stated.
Notary Public in and folr the State of Texas
Seal and Date Commission Expires:
TERRY L. WOODFIN
Notary Public, State of Texas
My Commission Expires
May 2802011
Agreement Page 3
SPr:CIAL FdhRRAI- 11 DEED 0
'TI-H; STATE OF T24MAS )
KNOW ALL Laad BY 'j=1 SE PRESENTS:
COUNTY OF T.4RRAITT )
That, AMONG, CARTER FOUNDATION a corporation duly
organized and existing under the Laws of the State of Texas,
in consideration of the sum of One and No/100 Dollar, and
as a gift to the City of Fort ';forth, Texas,.has granted, sold
and conveyed, and by these presents does Grant, Sell and Convey.
unto the City of Fort Worth, Texas, of the County of Tarrant,
State of Texas, all that certain tract of,land described as
follows:
Being a tract out of Lake Como Park. tract located in
Chamberlin-4r1ington Heights, First and Second Filing to
Fort north, Tarrant County, Texas, being more fully described
by metes and bounds as follows:
BEGINi ING at' a point in . the West line of Merrick Street
and being South 8 degrees 35 minutes Vilest 150 feet from the
intersection of.the South line of Curzon Street and:West line
of Merrick Street;
THLI�TCE West 533.0 feet;
THY TCE Iforth 30 degrees West 363.5 feet $
i
THEIICE IVest 335.0 feet;
T??GCE South 80.0 feet;
j THENCE South 36 degrees ¢0 minutes Vilest 273.9 feet the
i beginning of a curve to the left;
T±M\TCE With curve to the left whose radius is 35C.60 feet
for. a distance of 87.8 feet through.a total angle of 14 degrees
14 minutes;
TF�r"T%,CE South 55 degrees 33 minutes East 12¢.9 feet o to
? a point;
TI �•TCE South,l0 degrees 10 minutes East.at.lLo./
m the .Southeast corner of Lot'5, Block 36,
Chamberlin -Arlington He Addition, Second Fili
passing 100 feet frojig , in all
a distance of. 265.9 feet. to a curve to the left.;
{ THEENCE around a. curve to the left whose radius is c9.57
feet.for a distance of 124.9
feet through a total angle of
79 degrees 53 minutes to the end of this curve and the beginning
of a curve to the right, which point is. 100..0 feet North and
0 feet East of the Northwest corner of Lot:ll, Block 37,
Chamberlin -Arlington Heights _4ddition; Second Filing;
r J eCE around a curve to the right uhose radius is 700.0
-- - —
Ie t for distance off'- 471.E :lceu thraugu-.�oti` rgs� -'
G �' a
9G degrees Ol minutes;
i �'TSCE.South 0 degrees 02 minutes East at 66.3,feet
passing 100 feet East of the Southeast corner of :Block 37,
Chamberlin -Arlington Heights Addition, Second Filing, in
all a distance of 127.5 Lfeet to a point;
pTI4s1 .pGtipRD:. .
a
EXHIBIT A
Ttt1�NCE South 19 degree's .28 minutes East 280 2 feet to
a point; �.
�.
�t 1Ci IF IF
South 46 degrees 24 minutes East 249.60feet to
a point;
=qCE Sou•�h 56 degrees 03 minutes East at,202.1 feet IF I
passing 99.5 feet from the Southeast corner_ of Block ¢¢, k.
Chamberlin -Arlington Heights Addition, Second Filing; in all
a distance of 26.7..8 feet to a point; �
IF
. f
THENCE Sough 31 degr.ees 00 minutes Mast 433:8'feet.to a
sooint, said point being 100.0 feet North and 64.4 feet East of h`
the PT6rths,,�est turner• of. Block 56, Chamberlin -Arlington Heights
Addition.. Second.'.Filing; '
THENCE South 89 degrees 51 minutes Last 169.8 feet to a I IF
point; �l
THENCE South 44 degrees 37 minutes East at 4 414.8 feet
passing 100.0 feet from the Southeast corner of Block 56,
Chamberlin -Arlington Heights Addition, Second Filing, in all
a distance of 420.3 feet to the beginning of a curve to the left; r
k�
THENCE around the curve to the left whose radius is 141.65
feet for a distance of 112.4 feet through.a total angle of rI
45 degrees 27 minutes;
UM= North 89 degrees 56 minutes .East `222.1`feet to a..i
point in Clest line of Tract '.'B" ;
T1 cNTCE�North .125.0 feet;
T vCE North 63 d'egrees 39 minutes East 288*0.feet;
IF I
T,MICE North 26 degrees 21 minutes V°lest 575.0 feet;
TH;I�TCE North 0 degrees 07 minutes East 336.5 feet;
'�'TyPNCE South 89 degrees 57 minutes West 59o.80 feet to
point in Easterly line of Road on dam across.Lake"Como; I F.,t
lI?CE North 2¢ degrees 55 minutes .East 201,20 feet with
Easterly line of Road on Lake Como Dam and to beginning .of a
curve to the right;. i
=F 41%TCE w-Ith curve to the right whose radius is 214.09
feet a distance -of 203.8•feet through a total angle of 54:
degrees 32 minutes;'
Th�TC1 North.10 degrees 36 minutes lest at 175.7 feet passing.
100 feet from the Northwest corner of Block 8,. Chamberlin -
Arlington Heights addition, Second Filing, in all a distance of IF
i
196.1 feet to a point; ;
Ty_TCE North 39 degrees_ 51 minutes Flest. ?67.5 feet to a
I
_ c� t_; tY e beginning of a curve to .the right which point is
-�f
100.0 feet It_from the 0SouthtiaesL-corner -o Loti—.iti;—�sv�- i --
Chamberlin-Arlington Heights Addition, Second Filing;.
EJENCE ;around a curve to the fight whose radius is 346.62_
feet for a distance of 293.0 feet through a total angle of 48
degrees 26'minutes;
=qo North 0 degrees 07 minutes East 74.2..feet along
;lest line of yerrick Street to PoIlsTP OF BEGINNING: and containing
54.18 acres of land. IF
FF Ft.
_._ _.._. -
_ _. -
TO HAVE J`UgD TO BOLD .the above described. premises,
her with all and singular.the.rights and appurtenances
inereto .in anywise belonging unto the said City of Fort Worth,
its successor and assigns forever and the said Corporation
does hereby bind itself, its successors and assigns, to
Warrant and Forever Defend all and singular the said premises
unto the said.City of Fort Forth, its successors and assigns,
against every person whomsoever lawfully claiming or to.claim
the same, or any part thereof, by through or under Grantor
but not otherwise and with the restriction, covenant, limitation
and condition that the property hereby given and conveyed shall
be used as a public park only,for the City of Fort Worth, its
successors or assigns, and not otherwise, and in the event of
cessation of.usage as a public park, and violation of this
condition and covenant, then this conveyance shall become null
and void, and the property hereby given and conveyed shall
absolutely and without suit or re-entry revert to the Grantor
herein, its successors or .assigns, and no omission upon the
part of any of them shall be a waiver of the operation, or
enforement of such covenant, or reverter.
IN ;57ITISTESS 1AHE EOF, the said Corporation .has caused these
presents to be signed by its duly authorized:officers and:to
e Corporation at Fort ';��orth, Texas,;
be sealed with the Seal of th` .
this 21
day of F____� ^ A. Do 1955
eeretar Bda
1' rI y��. j • lb Q . `
J'a
1
j
? STATE OF TEXAS
County of Tarrant )
BEFORE 1++;12, the undersigned, a' Notary Public in and for
said oun y aState, on this day personally appeared
known'.to' me to be the .
person and officer ���hase name is subscribed to.ahe foregoing
instrument and acknowledged to me that the same was theaacZ
of the said �70I�L G. C,�1=,,1::_; I OUN, DATION
corporation, and that he executed the same as the act of such
",corporation for the purposes and consideration therein expressed,
dad
;:nmd;i� the capacity therein stated.
. day
.� .' �G GIVEN �Ml bry HAN ATID SEAL OF OFFICE this the
. ov ofdqa f-, A. D. 1955' /�Ijl --11=
— r _ �• a. _a
zF
Notary ublic in and to
T•�; County, Texas
-� •' '.
o ��� ��_, a , gym_ �� .A,�� d��a�.�:a�� �� �_ . :_. �,� ��w���� �.��.�� � ..��e�a�.�f �:..
COUNCIL ACTION: Approved on 9/9/2008
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DATE: Tuesday, September 09, 2008
LOG NAME: 06COMOPARKREV
REFERENCE NO.: C-23028
SUBJECT:
Authorize City Manager to Execute a Lease Agreement with Amon G. Carter Foundation, Inc.,
Regarding the Subsurface Drilling and Extraction of Natural Gas for Lake Como Park from an Off
Site Location
��,��,ti� �,�.. ,,� � ,,. �� ��,.����� .� . �., r..... � ,...., , �x.���� �... ,���,�,��, �,,��-��,.��.���. �,�..,�...
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a lease agreement with
Amon G. Carter Foundation, Inc., regarding the subsurface drilling and extraction of natural gas for Lake
Como Park from an off site location.
DISCUSSION:
Lake Como Park is located at 3201 Lake Como Drive, east of Lake Como Drive and west of Merrick Street,
Mapsco 75J, N and P, and consists of approximately 59.1377 acres. The City acquired Lake Como Park
from the Amon iu. Carter Foundation on February 2 i , i 955. The Deed contains the following reservation
and reverter:
... and with the restriction, covenant, limitation and condition that the property hereby given and
conveyed shall be used as a public park only for the City of Fort Worth, its successors or assigns, and not
otherwise, and in the event of cessation of usage as a public park, and violation of this condition and
covenant, then this conveyance shall become null and void, and the property hereby given and conveyed
shall absolutely and without suit or re-entry revert to the Grantor herein, its successors or assigns, and no
omission upon the part of any of them shall be a waiver of the operation, or enforcement of such covenant,
or reverter.
In order to allow the City to put the property out for bid and enter into a gas mineral lease with respect to the
Park, the Foundation has agreed to enter into an agreement with the City with the following stipulations:
1. Drilling and casing beneath the surface of the park property shall be at the depth of the Barnett Shale
formation, but in no event less than 4,000 feet beneath the surface of the property.
2. No drilling, seismic surveys or other activity shall be conducted on the surface of the Property and no
vehicles, electric lines, pipelines, tanks, equipment, or other structures related to drilling or production shall
enter or be placed on the surface of the Property.
3. No drilling or seismic surveys or pipeline shall be located within 500 feet of the Property.
On August 11, 2008, the City Council approved Mayor and Council Communication L-14622 authorizing the
conversion of Lake Como Park for the purpose of subsurface drilling and extraction of natural gas.
The property is located in COUNCIL DISTRICT 7.
�,ogname: 06COMOPARKREV Page 1 of 2
FISCAL INFORMATION/CERTIFICATlORl:
The Finance Director certifies that this ac�ion will have no material effect on City funds.
TO Fund/Account/Centers
FROM Fund/Account/Centers
Submitted for City Manager's Office b�: Fernando Costa (6140)
Originating Department Head: Susan Alanis (8042)
Additional Information Contact: Sarah Fullenwider (7619)
I,ogname: 06COMOPARKREV Page 2 of 2