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Home My WebLink AboutContract 41895 (2)Project Name: Race Street Lofts — Future Improvements CFA#: 2011-021 Date: 05/23/11 STATE OF TEXAS COUNTY OF TEXAS § CITY SI .CPETARY CONTRACT NO. ig WHEREAS, the City of Fort Worth ("City") 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 McLemore Avenue from a point approximately 295 feet east of the Southeast corner of the Blandin Street McLemore Avenue intersection, measured along the South ROW of McLemore $treet for a distance of approximately (three hundred sixty two feet and thirty four hundredths) (362.34 ft.) 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, Race Street Lofts, Ltd. a Texas limited partnership ("Owner"), is the owner of Lot 2R — L.L. Benton Subdivision (the "Property"), a parcel of property consisting of approximately i.666 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: 1. 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 Ten Thousand Nine Hundred -Fifty Dollars and Zero Cents ($10,950.00), 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 OFFICIAL RECORD CITY SECRETARY Ft WORTH, TX (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 McLemore Avenue 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 McLemore Avenue. 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. Race Street Lofts — Future Improvements CFA#: 2011-021 Date: 05/23/11 Executed on this A ray\ (A/HCi A Marty Hendrix City Secretary day of ,2011. O -qk FORT WORTH 4�a°00 >CITY OF PSo `�-o P e ric T a ,,000oOoo Fernando Costaicy A!PR•VED AS TO FORM Gaelit) Marcia & W ise Sr. Assistant City Attorney Assistant City Manager OWNER: Race Street Lofts, Ltd. By its General Partner Race Street Lofts GP, LLC By its Sole Member Fort Worth Housing Finance Corporation By: Jesus J. Chapa Assistant General Manager TRANSPORTATION AND PUBLIC WORKS DEPARTMENT By: , AI &Li Douglas Va/. Wiersig, P.E. Director NO I& a Project Name: Race Street Lofts — Future Improvements CFA#: 2011-021 Date: 05/23/11 ICY -x-rfifz-e.-+i O 8 (UA►.L 17;tLCORD .t;n V c C[RlL' iDAR vsJ 'fr coo or, n < < -e�— i�G•�L:L-7�--� - re) l3titilENi4rig ...' 0/ STATE OF TEXAS § COUNTY OF TARRANT § 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 HAND AND SEAL OF OFFICE this /bY day 20 1(. 1 �`•occp" rpstrr: �*.fff Min EVONIA DANIELS MY COMMISSION EXPIRES July 10, 2013 STATE OF TEXAS § COUNTY OF TARRANT § otary Public, State of Texas My Commission expires: ---/a FFICOAL RECORD CITVI' r (c_1; R E T ARY '�.o�,p w 1 ) {+ r �� () rl G Y �1 �f.� �1 BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Jesus J. Chapa, 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. IVEN UNDER MY HAND AND SEAL OF OFFICE this n a, day 201. SARAH J. ODLE MY COMMISSION EXPIRES November 5, 2011 Project Name: Race Street Lofts — Future Improvements CFA#: 2011-021 Date: 05/23/11 Notary Public, State of as My Commission expires: 10 CA . 5, QUI/ Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement Included ►1 AL • C Attachment Location Map Exhibit A• Legal Property Description Exhibit B: Paving Improvements Paving Estimate Exhibit B-1: Storm Drain Improvements Storm Drain Estimate Exhibit C: Street Lights and Signs Improvements Street Lights and Signs Estimate (Remainder of Page Intentionally Left Blank) Project Name: Race Street Lofts — Future Improvements CFA#: 2011-021 Date: 05/23/11 4 SYLVANIA F- U) Z Z 4 J m MCLEMORE ST CHANDLER ST 1 RACE ST 377 .- SITE -c VICINITY MAP MS (MAP 63 p) COUNCIOL DISTRICT�2 NTS (MAP 'CO GRID 63 Q) COU JCIL 2 Exhibit A - Legal Property Description Being 1.565 acre tract of land situated in the Atkin McLemore Survey, Abstract No. 1056, City of Fort Worth, Tarrant County Texas and being all of Lot 2, of L.L. Benton Subdivision, an Addition to the City of Fort Worth according to the plat thereof recorded in Volume 388-H, Page 165, Plat Records, Tarrant County, Texas, (PRTCT), being all of that called 37,584 square foot tract of land described m Deed to Race Street Properties, L.P. recorded in County Clerk's File Number D207408745, Deed Records Tarrant County, Texas, (DRTCT), being all of those certain tracts of land described in Deeds to Race Street Properties, L,P recorded in County Clerk's File Numbers D208031496, D207376924 and D210236418, DRTCT, said 1.565 acre tract of land being more particularly described as follows: Commencing at a 60 penny nail found for the Point of Intersection of the North right-of-way line of Race Street, (A called 69.66 foot wide public right-of-way) with the East right-of-way [Inc of Blandin Street, (A variable width public right-of-way) and being the Southwest corner of Lot 2, Caruthers Subdivision, an addition in the City of Fort Worth according to the Plat thereof recorded in Volume 388-170, Page 27, PRTCT; Thence East along said North right-of-way line of Race Street, at a distance of 50.00 feet passing a 60 penny nail found for the Southeast corner of said Lot 2 of Caruthers Subdivision, continuing in all for a distance of 244.86 feet to a 5/8-inch iron rod with yellow plastic cap stamped Bury+Partners" found for the Point of Beginning, being the Southeast corner of Lot 1, of said L.L. Benton Subdivision and being the Southwest corner of said 37,584 square foot tract of land; Thence North 00 degrees 10 minutes 11 seconds East along the East line of said Lot 1, a distance of 136.00 feet to a 5/8-inch iron rod with yellow plastic cap stamped `Bury+Partners" found for the Northeast corner of said Lot 1 and the Southeast corner of said Lot 2; Thence West along the Common hne of said Lot 1 and Lot 2, a distance of 72.50 feet to a 1-inch iron pipe found for the Northwest corner of said Lot 1 and the Southwest corner of said Lot 2 and being in the East line of that certain tract of land described in Deed to Anita Acosta & Eduardo Acosta recorded in Volume 14414 Page 497, DRTCT; Thence North 00 degrees 10 minutes 11 seconds East along the common line of said Lot 2 and said Acosta tract of land, a distance of 125.00 feet to a 5/8-inch iron rod with yellow plastic cap stamped "Bury+Partners" found for the Northwest corner of said Lot 2 and being in the South right-of-way line of McLemore Street (A variable width public right-of- way); Thence Eastalong said South right-of-way line, a distance of 217.34 feet to a 5/8-inch iron rod with yellow plastic cap stamped "Bury+Partners" found for the Northeast corner of said 37,584 square foot tract of land and being in the West line of the said tract of land described to Race Street Properties recorded in County Clerk's File Number D210236418 DRTCT; Thence North 00 degrees 10 minutes 11 seconds East along the West line of the aforementioned tract of land described to Race Street Properties recorded in County Clerk's File Number D210236418 DRTCT, a distance of 22.00 feet to a PK nail with washer stamped "Bury+Partners" found for corner in said McLemore Street; Thence East a distance of 145.00 feet to a PK nail found for the Northeast corner of the said Race Street Properties recorded in County Clerk s File Number D207376924, DRTCT; Thence South 00 degrees 10 minutes 11 seconds West along the East line of said Race Street Properties tract of land recorded in County Clerk's File Number D207376924, DRTCT, at a distance of 10 54 feet passing the Northwest cornea of the called 0.907 acre tract of land described to Race Street Properties, L.P. recorded in County Clerk's File Number D200213133 DRTCT, continuing along the common line of said Race Street Properties Tracts recorded in County Clerk's File Numbers D207376924 and D200213133, DRTCT, in all for a distance of 147.00 feet to a 5/8-inch iron rod with yellow plastic cap stamped Bury+Partners" found for the Southeast corner of said tract of land described to Race Street Properties, L.P. in County Clerk's File Number D207376924, DRTCT and being the Northeast Corner of that called 0.200 acre tract of land described to Race Street Properties, L.P. recorded in County Clerk's File Number D200213133, DRTCT; Page 1 of 2 Exhibit A - Legal Property Description Thence West along the common line of said Race Street Properties tracts of land recorded in County Clerk's File Numbers D207376924 and D200213133, DRTCT, at a distance of 48.33 feet passing a 1-inch iron iod with cap stamped ' AW 4186" found which bears South 15 West, a distance of 0.63 feet continuing along the common tine of said Race Street Properties tracts of land recorded in County Clerk's File Number D200213133 and D208031496, DRTCT, at a distance of 63.99 feet passing the Northwest corner of said 0.200 acre tract of land and the Northeast corner of said Race Street Properties, L.P. tract of land recorded in County Clerk's File Number D207261115, DRTCT continuing along the common line of said Race Street Properties tracts recorded in County Clerk s File Numbers D208031496, D210236418 and D207261115, DRTCT, at a distance of 96.67 feet passing the Southwest corner of said Race Street Properties tract of land recorded in County Clerk's File Number D208031496, DRTCT and the Southeast corner of said Race Street Pioperties tract recorded in County Clerk's File Number D210236418, DRTCT, continuing along the common line of said Race Street Properties tract recorded in County Clerk's File Number D210236418, DRTCT and said Race Street Properties tract recorded in County Clerk's File Number D207261115, DRTCT, in all for a distance of 145.00 feet to a 5/8-inch iron rod with yellow plastic cap stamped Bury+Partners" found for the Southwest corner of said Race Street Properties tract of land recorded in County Clerk's File Number D210236418, DRTCT and the Northwest cornea of said Race Street Properties tract of land described in County Clerk's File Number D207261115, DRTCT, and being in the East line of said 37 584 square foot tract of land; Thence South 00 degrees 10 minutes 11 seconds West along the common hne of said 37,584 square foot tract of land and said Race Street Properties tract recorded in County Clerk's File Number D207261115 DRTCT, a distance of 136.00 feet to a 5/8-inch iron rod with yellow plastic cap stamped "Buiy+Partners" found for corner in the aforementioned North right-of-way line of Race Street; Thence West along said North right-of-way line, a distance of 144.84 feet to the Point of Beginning; Containing a computed area of 68,180 square feet or 1.565 acres of land, more or less. Page 2 of 2 110191 10 PLANS BY CONAWAY w ASSOCIATES FOR YCadac smm Nanowunls OTT PROJECT NO. 001S2 DAL IR Sell PUBLIC PARKING M• PEMMICAN 03101T OJRU •AI WT1fl a0KW [ C CONSTRUCT NEW CURB A CURET • WALK PW CITY T0. DETAILS SIX 9IQT a.I FOR IRMC WORM PIMS. MCLEMORE STREET 04.47 R TO PI COISRBD= STD. HRH VOLUME DRIVE APPROACH POI arc SID. DCTMIS •E SHER CLI FOR 0114155100. 9a S CES ST KR GRADING non °DS11NG ASPHALT PUT. RACE STREET is CURB CUT (BY OTT POKES) __EAST -d-_ LEGEND cwslRun a Ha KWIC O ME AaRou PTT cry Sip. OTAts 4`F_ME1M' T. RCNOW MD DISPOSE OF C431m0 Ofll[N k PARLOR )IEAW DUTY PAWMENP r SSW PSI CONCRETE PUT. w/p BARS • le QCLW. ON r M U[ STARRED SLOW= • ES COMPACTED AT OSS OF TIE STANDARD PROCTOR kASITADALINvili QOPTMUM ANDPERCENTAGE CORIUM @ y3�S(W PS WQCE PRAY W/A BARS • le KITY PAWC•MT QCCW. •1 r Of IYE ETMWIID 91BLRADE • ex WNPACIFT AT OSS OP TIE STANDARD PROCTOR (A5111 0 TSB) BRION OPIWIW RIO 2 PDRC•ETACE PENIS ATM Cr OMITS MAST= NN1MT. 11nRY nm PA'S WTI 4.DD0 P9 CO1O61E PUT. W//% BMs • It QCLW. ON Cr Of WE STARRED SUBORME • SR OEPACTED AT 95R Of T[ STANDARD PROCTOR CAZR1 D Bw BERwa, CIRRUS D 2 ff1m4TAt PENIS Of OPTIMUM WCSTURE O]NIOIT. 4TWM W k T ATINETER r REINFORCED OHaLLTE SDEWM1( RA1wOO( (J.fMO PSI AT sL DAYS) w//3 BARS • Ir ORES. ON 0 COMPACTED SNBOMDE TO 90X AT OR MOW OPTIMUM MOSIISL CO41ThL (ASTM D 69e) CURB CUT (DY DIY ACROSS) CAUTION I! Q ITAC1GN a 10 CONTACT IRAS ONE -GALL SKIDS (1-0O0-240-4004) OR OIMR OWIY LOCATOR SOMIS AT LEAST 44 HMOS PRIOR ID CONSTRUCTOR ACIIRIS . BURY II PMIIW a NOT AEPOSS:NC /OR IWOWIIO ALL b6ICD UO11L3 • ME PROJECT MCA NOR FO CCRCWC THE EXACT IRGTOe DE MAIM ON TOS MARRS 0 10 20 SO 40 II14I in fj � III • 1 ll4 O w W� A wniiea lu Tw. Lev it Pao pm nap Loss Ir low Iacono xm,w.1.) 01 Ir. AP Pp -Caratelrbler eo Noon en the Poo. y1 or roarOT wooTP HiANWQ 9ocw*U CLOSURE DETOUR pM9 PLNI ••P.2•• MIM_ 4 c 11 1: I �RIP 0 1I-I X 4it TOP. Mall CIA root r pen crib. we rum." one Owl or eq., Anson oncooloror to rGrooraprotte co ono.. on Inc boa slamlaw pole. nrie.Osronurwry TR D[wuR LOSU DM APO D 4 PLM �.P. p. s EIL PAVING PLAN 1- Q OW J I— I — hi 1 CC CC Urt CC O a SHEET C6.1 by mam11 a1 Ape 28, 2011 — 10.44am p Bury Partners ENGINEERING SOLUTIONS Bury & Partners-DFW, Inc. 5310 Harvest Hill Road, Suite 100 Dallas, Texas 75230 Tel 972-991-0011 Fax 972-991.0278 78PE Firm No, F-1048 ENGINEER'S PRELIMINARY OPINION OF PROBABLE CONSTRUCTION COST FOR IMPROVEMENTS in the STREET RIGHT OF WAY PROJECT: RACE STREET LOFTS LOT 2R - L.L. BENTON ADDITION PLAT FILE NO. FS 011-014 CLIENT: The NRP Group, LLC PAVING CITY PROJECT NO. 01706 DOE NO. 6637 DATE: May 31, 2011 BURY PROJECT NO: 30528-07 QUANTITY UNIT COST/UNIT TOTAL COST DESCRIPTION Along McLeMore Street Concrete (6" thick, pavement 3,500 PSI) including subgrade for drive approach 75 SY $ 45.00 $ 3,375 6" integral curb along the drive approach 50 LF $ 10.00 $ 500 Sidewalk (4" thick, 3,000 PSI) 1,620 SF $ 4.00 $ 6,480 Concrete Flume W/ metal cover 17 LF $ 35.00 $ 595 Total: $ 10,950 Page 1 of 1