HomeMy WebLinkAboutContract 40530STATE OF TEXAS § �-(�S3
CITY SECRETARY CONTRACT NO,
COUNTY OF TEXAS §
WHEREAS, the City of Fort Worth (y") has incorporated a "Street
Proportionality Study" (the "SPS") which describes the impact of development to the
City's roadway infrastructure; and
WHEREAS, the SPS includes the development of McCall Street from a point
approximately 989' east of Interstate 35W for a distance of approximately fifty4ne(59)
feet, (said roadway 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, HBT Land, LLC a Texas limited liability company ("Owner"), is the
owner of a certain tract of land located in the Sarah Gray Survey Abstract 558 as
described in deed to HBT Land LLC recorded in Document No. D208468712. Official
Public Records Tarrant County, Texas (the "Property"), a parcel of property consisting
of approximately 10.92 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 Twenty thousand three hundred and fifth
six dollars and forty-eight cents ($20 356.48); 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 �
Project Name: Honda of Burleson
CFA #2010-018
Date: 06/17/2010
OFFICIAL RECORD
CITY SECRETARY �
T. WORTH, TX
06-29-10 A09:59 IN
(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).
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 McCall Street 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 McCall Street.
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.
Project Name: Honda of Burleson
CFA #2010-018
Date: 06/17/2010
Executed on this .,,09 " day of C L ✓Kk , 2010.
ATTEST:
lardy Hendrix
ity Secretary
APPROVED AS TO FORM
Amy J. Rarri�ey
Assistant City Attorney
CITY OF FORT WORTH
O*f-
°°aaooG..�.--.
��
0�OBy.
04 d Fernando Costa
Assistant City Manager
004(
OWNER: HBT Land, LLC
By: Kenneth L. Schnitzer
Title: manager
TRANSPORTATION AND PUBLIC WORKS
DEPARTMENT
By:
William A
Director
rkest,
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Proj ect Name
CFA #
Date
STATE OF TEXAS §
COUNTY OF TAT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Fernando Costa, 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
STATE OF TEXAS §
COUNTY OF DALLAS §
HAND AND SEAL OF OFFICE this
Notary Public, State of Texas
My Commission expires:
day
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Kenneth L. Schnitzer, known to me to be the persons whose name is
subscribed to the foregoing 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 day
ofprl , 2010.
Notary Pub 'c, State of Texas
My Commission expires:
��lo-tt
Project Name
CFA 1t
Date
Vicinity Map
N.T.S.
LOCATION MAP
HONDA OF BURLESON
CITIES OF BURLESON AND FT. WORTH
TARRANT COUNTY, TEXAS
o.e.:g c:\�e .nas\oe-oso cw �«. e„ne.w\�=�7 s��t c.�o,s.on cdmii:\ce-mo-� o.suau<� ww wee,ny u,� r.nmice.y w.<a ar mewx b.® pm. i.7izu,v a41.� .., .w..w, U,. -..W -.. ,-. --•a ,- .
BEING ALL THAT CERTAIN TRACT OF LAND LOCATED IN SARAH GRAY SURVEY, ABSTRACT N0.
558, AND BEING ALL OF A CALLED 10.920 ACRE TRACT OF LAND DESCRIBED IN DEED TO HBT
LAND LLC, RECORDED IN DOCUMENT NO, D208468712, OFFICIAL PUBLIC RECORDS, TARRANT
COUNTY, TEXAS, WITH A PORTION LYING WITHIN THE CITY OF FORT WORTH AND ALSO BEING
ALL OF A CALLED 0.535 ACRE TRACT OF LAND DESCRIBED IN DEED TO HBT LAND LLC,
RECORDED IN DOCUMENT NO, D208468128, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY,
TEXAS
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 1/2" IRON SET FOR CORNER IN THE EAST LINE OF NORTH BURLESON BLVD.
(A CALLED 340 FOOT PUBLIC RIGHT—OF—WAY) AND AT THE SOUTHWEST CORNER OF SAID
0.535 ACRE HBT LAND LLC TRACT, SAID POINT ALSO BEING THE NORTHWEST CORNER OF A
TRACT OF LAND DESCRIBED IN DEED TO BURLESON FIVE STAR PROPERTIES, L.L.C., RECORDED
IN VOLUME 13540, PAGE 130, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS, SAID
CORNER BEING THE BEGINNING OF A CURVE TO THE RIGHT WHOSE CHORD BEARS NORTH
00132'39" WEST, 174.23 FEET;
THENCE CONTINUING ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF
O1'44'S5% A RADIUS OF 5,709,58 FEET AND AN ARC LENGTH OF 174.24 FEET TO A 1/2" IRON
ROD WITH A PLASTIC CAP STAMPED 'SPIARSENG" SET FOR CORNER;
THENCE NORTH 00'32'38" WEST, CONTINUING ALONG THE COMMON LINE OF SAID 10.920 ACRE
HBT LAND LLC TRACT AND SAID N. BURLESON BOULEVARD, A DISTANCE OF 260.03 FEET TO A
1/2" IRON ROD WITH A PLASTIC CAP STAMPED 'SPIARSENG" SET AT THE NORTHWEST CORNER
OF SAID 10.920 ACRE HBT LAND LLC TRACT AND BEING AT THE INTERSECTION OF THE EAST
LINE OF SAID N. BURLESON BOULEVARD WITH THE SOUTH LINE OF McCALL STREET, A 60 F00T
WIDE PUBLIC RIGHT—OF—WAY;
THENCE NORTH 89630222" EAST, ALONG THE COMMON LINE OF SAID 10.920 ACRE HBT LAND
LLC TRACT AND SAID MCCALL STREET, A DISTANCE OF 776.85 FEET TO A 1/2" IRON ROD WITH
A PLASTIC CAP STAMPED 'SPIARSENG" SET FOR CORNER AT THE COMMON CORNER OF SAID
10,920 ACRE HBT LAND LLC TRACT AND SAID McCALL STREET;
THENCE NORTH 00'33'29" WEST, ALONG THE COMMON LINE OF SAID 10.920 HBT LAND LLC
TRACT AND SAID McCAIL STREET, A DISTANCE OF 30.00 FEET TO A 1/2" IRON ROD WITH A
PLASTIC CAP STAMPED 'SPIARSENG" SET FOR CORNER AT THE COMMON WEST CORNER OF SAID
10.920 ACRE HBT LAND LLC TRACT AND A TRACT OF LAND DESCRIBED IN DEED TO SAM G.
MCCALL, TRUSTEE, RECORDED IN VOLUME 5486, PAGE 273, OFFICIAL PUBLIC RECORDS,
TARRANT COUNTY, TEXAS;
THENCE NORTH 89030'22"EAST, ALONG THE COMMON LINE OF SAID 10.920 ACRE HBT LAND LLC
TRACT AND SAID SAM G. McCALL TRACT AND PASSING THE CITY LIMIT LINE OF BURLESON AND
FORT WORTH, A DISTANCE OF 271.17 FEET TO A 1/2" IRON ROD WITH A PLASTIC CAP
STAMPED 'SPIARSENG" SET FOR CORNER IN THE COMMON LINE OF SAID 10,920 ACRE HBT
LAND LLC TRACT AND SAID SAM G. McCALL TRACT, SAID POINT ALSO BEING THE COMMON
CORNER OF A TRACT OF LAND DESCRIBED AS (THE NORTH PARCEL AND THE SOUTH PARCEL)
TO THE CITY OF FORT WORTH, RECORDED IN VOLUME 9501, PAGE 449, OFFICIAL PUBLIC
RECORDS, TARRANT COUNTY, TEXAS;
THENCE SOUTH 21'33125" EAST, ALONG THE COMMON LINE OF SAID 10.920 ACRE HBT LAND
LLC TRACT AND SAID CITY OF FORT WORTH (SOUTH PARCEL) TRACT, A DISTANCE OF 398.73
FEET TO A POINT AT THE EAST CORNER OF SAID WILLIAMS TRACT AND ALSO BEING THE
COMMON CORNER OF SAID CITY OF FORT WORTH (SOUTH PARCEL) TRACT, A TRACT OF LAND
DESCRIBED IN DEED TO CITY OF FORT WORTH, RECORDED IN VOLUME 7995, PAGE 1523,
OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS, AND A TRACT OF LAND DESCRIBED IN
DEED TO FORT WORTH SPINKS AIRPORT, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT
COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 354, PLAT
RECORDS, TARRANT COUNTY, TEXAS;
THENCE SOUTH 00937711" EAST, ALONG THE COMMON LINE OF SAID 10.920 ACRE HBT LAND
LLC TRACT AND A TRACT OF LAND TO CITY OF FORT WORTH AS RECORDED IN VOLUME 7995,
PAGE 1523, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS, A DISTANCE OF 86.00 FEET
TO A 1/2" IRON ROD FOUND AT THE COMMON EAST CORNER OF SAID 10.920 ACRE HBT LAND
LLC TRACT AND THE NORTHEAST CORNER OF SAID BURLESON FIVE STAR PROPERTIES, L.L.C.
TRACT;
THENCE SOUTH 89'12'33" WEST, ALONG THE COMMON LINE OF SAID 10.920 ACRE HBT LAND
LLC TRACT AND SAID 0.535 ACRE HBT LAND LLC TRACT AND SAID BURLESON FIVE STAR
PROPERTIES, L.L.C. TRACT, A DISTANCE OF 1191.11 FEET TO THE POINT OF BEGINNING AND
CONTAINING 499,416 SQUARE FEET OR 11.465 ACRES OF LAND.
EXHIBIT A
LEGAL DESCRIPTION
CITIES OF BURLESON AND FT. WORTH
TARRANT COUNTY, TEXAS
Noinq G:\2008 JDDS\D9-G9D Pah Ploce Burleson\xcCaY Street E.tana'm EilrMta\0B-03G-te9�1 DezcrgUcn r�N \'.cin�lY xm E+^micar9 Yiveo eY emuws xve Ivor sica, euw ate.. � .w .w.. s ..-�...... .....e .-.o
18" RCP (Class III) LF 43 $ 40.00 $ 1,720.00
21" RCP (Class 111) LF 57 $ 45.00 $ 2,565400
24" RCP (Class III) LF 76 $ 55.00 $ 4,180.00
24" Type'C'Headwall EA 1 $ 1,510,00 $ 1,510.00
10' Curb Inlet EA 2 $ 2,500.00 $ 5,000.00
Conc, Rock Rip -Rap (12" Nominal Size) SY 10 $ 60,00 $ 600.00
Trench Safety LF 176 $ 1,00 $ 176.00
Storm Sewer Line Testing LF 176 $ 0.50 $ 88.00
Total Storm Sewer $ 15,839900
Preliminary Cost Estimate (4.15.10).xls Page 1
III
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