Loading...
HomeMy WebLinkAboutContract 41088Recording Requested By And When Recorded Return To: Leann Guzman Assistant City Attorney City of Fort Worth 1000 Throckmorton Fort Worth, TX 76102 CITY SECRETARY,1 CONTRACT NO. MW t. ACCESS EASEMENT AGREEMENT (Fort Worth, Tarrant County, Texas) This ACCESS EASEMENT AGREEMENT is entered into as of October 26, 2010 (the "Effective Date"), between the City of Fort Worth (the "City") and Cypress Equities I, LP. ("Cypress") Preliminary Statement A. WHEREAS, the City is the owner of two parcels situated in Tarrant County, Texas, being Lot 13R, Block 3, W.J. Boaz's Subdivision, Fort Worth, Tarrant County, Texas (the "North Lot"), and Lot 17R, Block 3, W.J. Boaz's Subdivision, Fort Worth, Tarrant County, Texas (the "South Lot"), each more specifically described on Exhibit A attached hereto and made a part hereof for all purposes (the North Lot and the South Lot collectively referred to herein as the "Property"). B. WHEREAS, Cypress plans to purchase the North Lot from City; C. WHEREAS, the only access to the North Lot from the South Freeway is over a portion of the South Lot (the "Access Easement Area") as further depicted on Exhibit A hereto; D. WHEREAS, Cypress desires a nonexclusive access easement over and across the Access Easement Area. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX t NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, the parties hereby grant, covenant, and agree as follows: RECITALS ARTICLE I - GRANT OF EASEMENT 1.1 Access Easement. The City hereby giants and conveys to Cypress a general perpetual, non-exclusive access easement (the "Access Easement") over and across the Access Easement Area. The Access Easement shall be used solely for the purposes of ingress, egress, passage, and delivery by vehicles and pedestrians to and from the North Lot. 1.2 Maintenance. So long as the City owns the South Lot, Cypress shall maintain the Access Easement Area in good condition and repair at Cypress's sole cost and expense. Cypress shall be liable for any repairs, damages, losses or other liabilities arising out of or connected with the use of the Access Easement Area by Cypress and any employees, agents, occupants, tenants, licensees and invitees of Cypress. If the City sells the South Lot, the maintenance and repair costs shall be divided equally between Cypress and the new owner of the South Lot. In no event shall the City have any responsibility for maintenance, repair or upkeep of the Access Easement Area. ARTICLE II - TERM 2.1 Term. The benefits and burdens described in this Agreement are intended to run with the land and be binding upon and inure to the benefit of the heirs, successors, assigns, licensees, invites, and tenants of the parties herein. 2.2 Covenants Running with the Land. Every agreement, covenant, premise, undertaking, condition, easement, right, privilege, option and restriction made, granted or assumed, as the case may be, by a party hereto shall constitute a covenant running with the land. ARTICLE III — MISCELLANEOUS 3.1 Severability. If any provision of this Agreement, or portion thereof, or the application thereof to any person or circumstances, shall, to any extent be held invalid, inoperative or unenforceable, the remainder of this Agreement, or the application of such provision or portion thereof to any other persons or circumstances, shall not be affected thereby; it shall not be deemed that any such invalid provision affects the consideration for this Agreement; and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 3.2 Governing Law. This Agreement shall be construed in accordance with the laws of the State of Texas. 3.3 Headings. The Article and Section headings in this Agreement are for convenience only, shall in no way define or limit the scope or content of this Agreement, and shall not he considered in any construction or interpretation of this Agreement or any part hereof. 3.4 Relationship of Parties. Nothing in this Agreement shall he construed to make the parties partners or, joint venturers or render either of said parties liable for the debts or obligations of the other. 3.5 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. 3.6 Authority. Each party represents to the other that by its signature below the individual signing on behalf of the party has the authority to bind the party to this Agreement. 3.7 Counterparts and Separate Signature Page. This Agreement may he executed in one or more counterparts and on separate signature pages, and as so executed shall constitute a single instrument. [Space intentionally left blank] IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the Effective Date. CITY OF FORT WORTH By: Su an Al. nis Assistant City Manager APPROVED AS TO FORM AND LEGALITY: Mrte ssistant City Attorney A6 sT: 115sk City Secretary STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on CYPRESS EQUITIES I, L.P y: CnJ,r By: Brian C. Parro Chief Financial Officer\ Vice President Z' L'ISioc 'aa. issair Contract Authorization clisrO°0 1 ( 0 i .Y_ _ ILL: o;5 Date A o rsb 0°.4a .,. D\RPA WA 1 Lo , 20tb by Susan Alanis, the Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. Notary Public, State of Texas s•laMagaidaaMOWAMPAOSAflailia LINDA M. HIRALINGER MY COMMISSION EXPIRES February 2, 2014 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on1\104)el‘ae--=-4 1 , 20 1 0 Brian C. gby Parro, the Chief Financial Officer\ Vice President of Cypress I L P., a Texas limited partnership, on behalf of said corporation. • Notary Public, State of Texas Irrlir -_ 4 WNW saIlm i OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX EXHIBIT A Access Easement Area (Attached) 0: EXHIBIT 1,537 SOU -RE -FOOT ACCESS EASEMENT LOTS 17 R , BLOCK 3, W.J. BOAZ'S SUBDIVISION F. RICHARDS SURVEY, ABST. No. 1297 CITY OF FORT ORTH, T RR NT COUNTY, TEXAS CONVERGENCE ANGLE 00' 38' 37" 10 20' 40' GRAPHIC SCALE NV fEET X,' SCALE 1" .= 20' y, CC#' = County Clerk Number CM = Controlling Monument D R.D.C.T. = Deed Records Tarrant County, Texas. a.ae. 331,348.98T 951,804 of REc ,r; w MN tialft z tL wt co P.R..C.T. = Plat Records Tarrant t County, Texas: SF = Square Feet CSRF = capped steel rod found ' T. Degrees = Minutes/Feet = Seconds/Inches A description of even date accompanies this .exhibit; ,1 r 1 , 2GC B D2100 480E 11 DR :CT. ) 4 1 1. 7.5' UTILITY EASEMENT 1 ‘ (CC# D210074802) D.R.T.0 T „_ ,...... -- LOT 121- -- 1W J BOAZ'S SUBDIVISION ��j2 1 EVANS SOUTH ADDITION 1 (C P 2100 �4802) N 89121 '55" E 11,537-SF S .S92455.» 'W _ILc) Feetas used ..here means US Survey Feet: Coordinates andbearings shown hereon are tied to the Texas Coordinate System of 1983, North Central Zone (4202), (NAD 1983, CORS 96 EPOCH 2002) established by a 4—hour static GPS. observation processed through the National Geodetic Survey (NGS) On—line Position ng User System (OPUS) The convergence angle near the northeast corner of Lot 13R, Block 3 Is +00 degree 38 minutes 37 seconds. All distances are reported as horizontal surface measurements using a combined factor of 0.999861875. 60.11' 6011' LOT TYR ©Fr . F 011"*. 1STF'i^,y • •4P Mx. 47.¢ y * WAYNE C. TERRY • ciE A 4184 SU�JE J791 Poge 1 of 1,537' F ::ASSESS EASEMENT dUNE 2010 1 AtOat No z 18$6-©9 R—QELTA Bean F1C. Bi RB • LAIC: PLANERS • LAM SURVEYORS esMAIN MEET GEM, TO tvr8 On Vie Web M wt+ xdSoS EXHIBIT A 1,537 SQUARE -FOOT ACCESS EASEMENT LOTS 17R, BLOCK 3, W.J. BOAZ'S SUBDIVISION F. RICHARDS SURVEY, ABST. No. 1297 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS BEING a 1,537—square—foot tract of land situated in the F. Richards Survey, Abstract No. 1297, City of Fort Worth, Tarrant County, Texas, and being part of Lot 17R, Block 3, of W J: Boaz's Subdiv sion, an addition to the City of Fort Worth Tarrant County, Texas according to the plat thereof recorded under cc# D210074802, of the Plat Records of Tarrant County, Texas, said tract of land being more particularly described as follows: BEGINNING at a 5/8-inch steel rod with a red plastic cap stamped "CITY OF FT. WORTH SURVEY DIVISION' found for the northwest corner of said Lot 17R the some being the southwest corner of Lot 13R, Block 3 of said W.J. Boaz's Subd'v'sion and lying on the easterly right-of-way line of the service road of the South Freeway (a variable width right-of—way); THENCE N 89' 21' 55"E with the common line between Lot 17R. and Lot 13R a distance of 60.11 feet* THENCE. S. 00' 38' 05" E a distance of 25.57 feet; THENCE S 89' 21' 55 IN parallel with thecommon line between Lot 17R and Lot 13R a distance of 60.11 feet to a point in the aforementionedeasterly right-of—way line of the South Freeway THENCE N 00" 37' 40" W with the easterly right—of—way line of the South Freeway and the westerly line of .the, aforementioned Lot 17R a distance of 25,57 feet to the PLACE OF BEGINNING and containing 1,537 square feet of land. A graphical exhibit of even date accompanies this description. Coardinates and. bearings shown hereon are tied to the Texas Coordinate System of 1983, ..NOrthil Central Zone (4202) (NAD 1983, CORS 9.6 EPOCH 2002) established by a 4—hour static GPS observation processed through the: National Geodetic Survey (NGS} On—line Positioning User System (OPUS) The convergence angle near the• northeast corner of Lot 13R, Block 3 is +00: degree 38 .minutes 37 seconds. All distances are reported as horizontal surface measurements using a combined factor of 0.999861875. WAYNE C. TERRY 4184 :4.. ya.SS,a4p i4 Pogo oft: 1s17•SP ACCESS EASEMENT JUNE 2010 I Project No.: 1860-09 R- D E LTA Erl s, roc. SNEERS • LAM) PLASM • WC SURVEYORS n YAN HEFT mum, TEN 75040 Tel WTI 404-5031 Di the Web it wetidlbsot. M&C Review Page 1 of 2 _ wl. gh,. COUNCIL ACTION: Approved on 11/16/2010 DATE: 11/16/2010 REFERENCE NO.: CODE: SUBJECT: **L-15100 LOG NAME - PUBLIC HEARING: Authorize Conveyance of a Nonexclusive Access Easement on City -Owned Property Located in the Villages at Evans and Rosedale on the Northbound Frontage Road of South Freeway (1-35) to Cypress Equities I LP, a Texas Limited Partnership (COUNCIL DISTRICT 8) Official site of the City of Fort Worth, Texas FORT WORTH 17EVRO INGRESS - EGRESS EASEMENT L TYPE: RECOMMENDATION: It is recommended that the City Council: CONSENT NO 1. Authorize the conveyance of a nonexclusive access easement on a portion of City -owned property located on the Northbound Frontage Road of South Freeway (1-35) in the Villages at Evans and Rosedale, to Cypress Equities I, LP, a Texas limited partnership; and 2. Authorize the City Manager, or his designee, to execute and record the appropriate instruments conveying the easement to Cypress Equities I, LP. DISCUSSION: Cypress Equities I, LP (Cypress) requested the proposed nonexclusive access easement in order to provide the proposed quick service restaurant, Jack in the Box, ingress and egress from the Northbound Frontage Road of Interstate 35. As valuable consideration Cypress will be responsible for maintaining the easement at its sole cost. In addition, Cypress will be held liable for any damages as long as the City owns the subject property. Staff has reviewed and has no objections regarding the location or the granting of this easement Grantor City of Fort Worth Grantee Cypress Equities I, LP Legal Description 1,537 square feet of Lot 17 R, Block 3, W.J. Boaz's Subdivision, F Richards Survey, Abstract Number 1297, City of Fort Worth, Tarrant County Texas The property is located in COUNCIL DISTRICT 8, Mapsco 77K. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers Submitted for City Manager's Office by: Originating Department Head: FROM Fund/Account/Centers Susan Alanis (8180) Jay Chapa (5804) http://apps.cfwnet org/council_packet/mc review.asp?ID=14451&councildate=11/16/2010 11/16/2010 M&C Review Page 2 of 2 Additional Information Contact: ATTACHMENTS EasementExhibit.pdf Cynthia Garcia (8187) Avis F. Chaisson (6342) http://apps.cfwnet org/councilpacket/mc review.asp?ID=14451&councildate=11/16/2010 11/16/2010