HomeMy WebLinkAboutContract 37866-T1 (2)REVOCATION OF
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into by and between Tom S. Mackie,
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 27 acre tract located in the A. F. Albright Survey. Abstract 1849, Tarrant
County, Texas according to the deed recorded in Instrument No. D208207492 in the Deed
Records, Tarrant County, Texas, hereinafter called the "Property".
WHEREAS, the Landowner's predecessor -in -interest, Tom Mackie, applied for
certain development permits for the Property with the City of Fort Worth in approximately
2008, however the anticipated development did not subsequently occur; and
WHEREAS, the Tom Mackie 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. 37866 and which is recorded in Instrument No. D208412064 in the Deed
Records, Tarrant County, Texas; and
WHEREAS, the Landowner, as successor -in -interest to Tom Mackie, and City
wish to revoke said Stormwater Facility Maintenance Agreement because the Agreement
because it is moot by virtue of the anticipated drainage facilities having never been
constructed, and it is in the interest of the parties to revoke the Agreement; and
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:
REVOCATION OF STORMWATER FACILITY MAINTENANCE AGREEMENT
OFFIC►gt
RECORD
CITY SECRETARY
FT; Page 1 of 4
WORTH, TX
1. The Stormwater Facility Maintenance Agreement (City Secretary Contract No.
37866) recorded in recorded in Instrument No. D208207492 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 ate 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 s 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 �ay %J .
Landowner
Ma k Torok, General Counsel
Hartman RN., LLC
A Texas limited liability company
By: HARTMAN DEVELOPMENT II, LLC
a Texas Corporation,
Its: Manager
By: HARTMANT INCOME REIT
MANAGEMENT, INC.,
a Texas Corporation,
Its: Manager
OFFtC1AL RECORD
CITY SECRETARY
FT. WORTH, OrX
City of Fort Worth
Jesus Chapa
Assistant City Manager
Legality
istant City Attorney
REVOCATION OF STORM WATER FACILITY MAINTENANCE AGREEMENT
Page 2 of 4
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on 17 0 >�' , �j , I V by
Jesus Chapa, Assistant City Manager of the City of Fort Worth, on behalf of the City of
Fort Worth.
,•�Qnv��er,,,, l-1NhA M, NIRRLINGER
Notary Public, State of Texas
" • "�'P Comm. Expires 02-02-2018
„°;; Notary ID 12414474-6
STATE OF TEXAS §
COUNTY OF HARRIS §
•IVANIIIII•
Before me, the undersigned authority on this l � day of November, 2016,
personally appeared Mark T. Torok, General Counsel and Secretary, known to me to be
the person whose name is subscribed to the foregoing instrument and acknowledged to me
that the same is the act of Hartman RPC, LLC, a Texas limited liability company, and that
he executed the same as its General Counsel and Secretary and as the act of such company
and for the purposes and consideration expresseAn the foregoing instrument.
""""�� CRYSTAL MARIE SANCHE2
A r :Notary Public, State of Texas
Comm, Expires 01.06-2020
Notary ID 130486865
Notary Public, State of Texas
REVOCATION OF STORMWATER FACILITY MAINTENANCE AGREEMENT. Page 3 of 4