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HomeMy WebLinkAboutContract 43967CITY SECRETARY CONTRACT NO. L139(� FUNDING AGREEMENT IH-30 INTERCHANGE AT WALSH RANCH PARKWAY CSJ: 1068-05-009 & 0008-03-105, TARRANT AND PARKER COUNTIES, TEXAS This Funding Agreement for the III-30 Interchange at Walsh Ranch Parkway (this "Agreement") is executed by the City of Fort Worth (the "City") and Walsh Ranches Limited Partnership, a Texas limited partnership ("Walsh"), effective September 25, 2012. The City and Walsh are referred to individually as a "Party" and collectively as the "Parties". WHEREAS, the City and the Texas Department of Transportation (the "State") have entered into that certain Local Transportation Project Advance Funding Agreement (the LPAFA") for the construction of an interchange at Walsh Ranch Parkway and Interstate 30, consisting of three bridge structures, four ramps and associated frontage road reconstruction, signals, signing, grading and drainage structures (the "Walsh Ranch Interchange") (Mayor and Council Communication C-25879, City Secretary Contract Number 43q 3 ', ); and WHEREAS, the LPAFA is subject to the Master Agreement Governing Local Transportation Project Advance Funding Agreements entered into by the State and the City as of August 28, 2000, in accordance with Resolution No. 2652 approved by the City Council of the City on August 1, 2000 (Mayor and Council Communication C-18171, City Secretary Contract No. 34155); and WHEREAS, Walsh is the owner of approximately 7,207 acres of land in Tarrant and Parker Counties, Texas (the "Property"), a portion of which is located within the City's corporate limits and the remainder of which has been annexed by the City for limited purposes; and WHEREAS, Walsh proposes to develop the Property as a mixed -use, master -planned community in accordance with that certain Economic Development Agreement with the City dated May 6, 2003, City Secretary Contract No. 28585; and WHEREAS, construction of an interchange at Walsh Ranch Parkway and Interstate 30 will benefit the City, Tarrant and Parker Counties and the traveling public, in addition to providing better access to the Property; and WHEREAS, the City has no funds available for design and construction of the Walsh Ranch Interchange; and WHEXEAS, Walsh is willing to supplement available state and federal funds in order to facilitate construction of the Walsh Ranch Interchange on the terms set out in this Agreement; and WHEREAS, studies and documents required by the State for the Walsh Ranch Interchange, which include the Interstate Access Justification Report ("IAJR"), Schematic, Environmental Assessment ("EA") and the Plans, Specifications, and Estimates ("PS&E") (collectively, the "Construction Plans"), have been prepared by Dunaway Associates at Walsh's expense and without the use of public funds; and Funding Agreement II-I-30 Interchange at Walsh Ranch Parkway — Page 1 OF nWWAL ©1 CITY SECR TA ` ikORTH 2175_010129302.2 WHEREAS, state and federal funds in the amount of $12,654,000 are available to fund construction costs for the Walsh Ranch Interchange; and WHEREAS, the parties anticipate a funding gap between the available state and federal funds and the estimated construction costs for the Walsh Ranch Interchange (the 'Construction Funding Shortfall"); WHEREAS, the 95% complete Construction Plans reflect estimated construction costs for the Walsh Ranch Interchange in the amount of $13,913,187, leaving an estimated Construction Funding Shortfall of $1,259,187; and WHEREAS, the actual Construction Funding Shortfall will be determined when construction bids are accepted and the State awards construction contracts for the Walsh Ranch Interchange; and WHEREAS, Attachment C to the LPAFA reflects that the City is responsible for engineering and environmental services of $1,850,000, right-of-way costs of $430,900, and utility relocation costs of $535,000 (the "Miscellaneous Local Costs"); and WHEREAS, state and federal funds are available for direct state costs for engineering and environmental (5%), right-of-way (5%), utility (5%) and construction costs (12.17%) and for indirect state costs (6.7%), in the estimated amount of $2,712,629 as reflected in Attachment C to the LPAFA, subject to adjustment based on actual costs (collectively, the ' State Costs"); and WHEREAS, the City and Walsh have no obligation for the State Costs; and WHEREAS, Walsh is willing to fund the Construction Funding Shortfall, any change orders to the Construction Plans approved in accordance with this Agreement, and the Miscellaneous Local Costs, subject to the conditions set out herein; and WHEREAS, the City and Walsh wish to define their respective financial obligations for construction of the Walsh Ranch Interchange. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: For and in consideration of the covenants and conditions contained herein, the City and Walsh agree as follows: General Requirements 1. Construction Plans and Environmental Assessments. At Walsh's expense and at no cost to the City, Dunaway Associates shall (a) prepare the Construction Plans* and (b) coordinate with the State and the City with respect to review and approval of the Construction Plans and all required environmental clearances for the Walsh Ranch Interchange. 2. Dedication of Right-of-Way. Walsh shall dedicate approximately 1.9 acres of land described in Exhibit A hereto (the "Right-of-Wav Tract") to the City, at no cost to the City or the State, for construction of the Walsh Ranch Interchange. Documents for conveyance of the Right -of -Way Tract to the City shall be in form acceptable to Walsh, the City and the State. The Funding Agreement IH-30 Interchange at Walsh Ranch Parkway — Page 2 2175.010\29302.2 City acknowledges that no other right-of-way is needed for construction of the Walsh Ranch Interchange. 3. Relocation of Utilities. Walsh shall relocate, or cause to be relocated, the City of Fort Worth 30" water line, four private gas pipelines, one Charter fiber optics cable and one AT & T Duct Bank, as shown on Exhibit B attached hereto, at no cost to the City or the State. Walsh shall commence such relocation on thirty (30) days written notice from the City. Walsh acknowledges such written notice has been received. 4. Review of Bid Documents. The City shall provide bid packages for construction of the Walsh Ranch Interchange to Walsh at least thirty (30) days prior to the date bid packages are scheduled for release to prospective bidders. The City shall use its best efforts to cause the State to address Walsh's comments prior to release of such bid packages to prospective bidders. 5. Payment by Walsh of Construction Funding Shortfall. Walsh shall deliver the Construction Funding Shortfall to the City's Director of Transportation and Public Works within ten (10) days after (i) the State accepts bids for construction of the Walsh Ranch Interchange; and (ii) the City makes written demand on Walsh for such funds. The City shall deposit the Construction Funding Shortfall in a separate account maintained by the City under the City's sole control until the final accounting for the Walsh Ranch Interchange. The City shall refund the balance of the Construction Funding Shortfall, if any, to Walsh within thirty (30) days after the final accounting for the Walsh Ranch Interchange. The City shall maintain separate accounting records for the Construction Funding Shortfall which shall be available for inspection by Walsh during the City's regular business hours. Failure by the City to make written demand shall not relieve Walsh of its obligation to make payment of the Construction Funding Shortfall. 6. Executed Contracts. The City shall provide Walsh with copies of all executed contracts for construction of the Walsh Ranch Interchange within thirty (30) days after receipt of such contracts by the City. 7. Change Orders. All change orders to the Construction Plans for which the City requests reimbursement by Walsh shall be subject to Walsh's written approval. Walsh shall deliver funds to the City for the cost of approved change orders, if any within fifteen (15) days from receipt of the City's written request. Walsh's sole financial obligations pursuant to this Agreement shall be the Construction Funding Shortfall, pursuant to Section 5, and approved change orders pursuant to this Section 7. 8. Amendment of LPAFA. The City agrees that amendments to the LPAFA will not increase Walsh's financial responsibility to the City specified in this Agreement unless otherwise specifically agreed to by the Parties. The City shall provide copies of proposed amendments to the LPAFA to Walsh at least thirty (30) days prior to execution by the City. 9. Notice of Defaults. The City shall advise Walsh in writing of any alleged events of default (or alleged non-performance which with the giving of notice or passage of time would constitute an event of default) under contracts for construction of the Walsh Ranch Interchange, including a copy of any notices of default or non-perfointancc to any contractors given by the City or given by the State, for which a copy was received by the City. Funding Agreement IH-30 interchange at Walsh Ranch Parkway — Page 3 2175.010\29302.2 10. Notices. All notices required or contemplated by this Agreement ("Notice") shall be in writing, shall be signed by or on behalf of the Party giving the Notice, and shall be effective as follows: (a) on or after the tenth (10`h) business day after being deposited with the United States mail service, Certified Mail, Return Receipt Requested with a confirming copy sent by FAX; (b) on the day delivered by a private delivery or private messenger service (such as FedEx or UPS) as evidenced by a receipt signed by any person at the delivery address (whether or not such person is the person to whom the Notice is addressed). Notices given pursuant to this section shall be addressed as follows: To the City: To Walsh: Bryan Beck Regional Transportation Coordinator City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 FAX: 817-392-7854 G Malcolm Louden 500 West 7`h Street, Suite 1007 Unit 27 Fort Worth, TX 76102-4773 FAX: 817-338-4844 11. Authority and Enforceability. The City represents and warrants that this Agreement has been approved and duly adopted by the City Council of the City in accordance with all applicable public notice requirements (including, but not limited to, notices required by the Texas Open Meetings Act) and that the individual executing this Agreement on behalf of the City has been duly authorized to do so. Owner represents and warrants that this Agreement has been approved by appropriate action of Owner, that the individual executing this Agreement on behalf of Owner has been duly authorized to do so. 12. Entire Agreement: Severabilitv This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements, whether oral or written covering the subject matter of this Agreement. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable for any reason, such unenforceable provision shall be deleted from this Agreement and the remainder of this Agreement shall remain in full force and effect and shall be interpreted to give effect to the intent of the Parties. 13. Amendment. This Agreement shall not be modified or amended except in writing signed by the Parties. 14. Applicable Law: Venue. Venue for this Agreement shall be in Tarrant County, Texas. This Agreement shall be governed by the laws of the State of Texas. Funding Agreement II-I-30 Interchange at Walsh Ranch Parkway — Page 4 2175.010\29302.2 Approved as to Form and Legality: Doug Black Assistant City Attorney Recommended: Aryan/Beek, P.E. Regional Try. nsportation Coordinator Mary J. Kayser City Secretary • By:. G. Malcolm Louden, CITY OF FORT WORTH By: / abtmash ‘isam• Fernando Costa Assistant City Manager M&C • C-25879 Date: September 25, 2012 WALSH RANCHES LIMITED PARTNERSHIP, a Texas limited partnership By: Walsh North Star Company, a Texarporation, its General P.4+ Tr &La Funding Agreement IH-30 Interchange at Walsh Ranch Parkway — Page 5 s ent } OFFICIAL RECORD CfRX SECRETARY WO(2'PS 2175.010\29302.2 Exhibit A Legal Description of Right-of-%Vay Tract Parcel 1 Highway: Interstate 30 ROW CSJ: - - July22, 2011 Revised August 21, 2012 Exhibit A, Page 1 of 3 TIEING 0.9543 acres (42,876 square feet) tract of land situated in the Houston Tap & Brazoria Railroad Company Survey, Abstract Number 654, Parker County, Texas, being a portion of a tract of land described in Special Warranty Deed to Walsh Ranches Limited Partnership, al *e v a Limited Partnership, dated January 1, 2012,as recorded in Document Number 795471, Deed Records, Parker County Texas, and also recorded in Document Number D212008551, Deed Records, Tarrant County, Texas, said 0.9843 acres of land being more particularly described as f,1lows: COMMENCING at a Texas Dcpartrnem of Transportation (TxDOT) monument found for an angle point on the common line of said Walsh Ranches tract, and t1: north right-of-way line of interstate 30 (1-30) (variable width); THENCE North 84 degrees 10 minutes 52 seconds West, with said common line a distance of 71.36 feet to an angle point; THENCE North 83 degrees 24 minutes 32 seconds West, continuing with said common line a distance of 199.94 Feet to a TxDOT monument found for the beginning of a tangent curve to the left, having a radius of 1,947.79 feet whose chord bears South 83 degrees 36 minutes 28 seconds West, a di Lance of 8.83 feet; TIIENCE Northwesterly, continuing with said common line and said curve to the Left through a central angle of 00 degrees 15 minutes 35 seconds, an are distance of 8.83 feet to a 5/8-inch smooth iron rod with aluminum cap stamped "TxDOT" set for a continuous curve to the left, having a radius of 1,947.79 feet whose chord bears North 89 degrees 57 minutes 54 seconds West, a distance of 427.29 feet, and the POINT OF BEGINNING; 1) THENCE Westerly, continuing with said common line and said continuous curve to the lctt through a central angle of 12 degrees 35 minutes 40 seconds, an arc distance of 428.15 feet to a 5/8-inch smooth iron rod with aluminum cap stamped "TxDOT" set for the intersection of said common line with the proposed north right-of-way line of I-30; 2) THENCE North 29 degrees 57 minutes 13 seconds East, departing said common line along the proposed north right-of-way line of said 1-30, a distance of 151.95 feet to a 5/8- inch smooth iron rod with aluminum cap stamped "TxDOT" set for an angle point; Exhibit A -- Page 1 2175.O10\29302.2del& Parcel 1 Highway: Interstate 30 ROW CSJ: mb — ni duly 22, 2011 Revised August 21, 2012 Exhibit A, Page 2 of 3 3) THENCE due East, continuing with the proposed north right-of-way line of said 1-30, a distance of 275.62 feet to a 5/8-inch smooth iron rod with aluminum cap stamped "TxDOT" set for an angle point; 4) THENCE South 29 degrees 58 minutes 54 seconds Fastcontinuing with the proposed north right-of-way line of said 1-30, a distance of 151.70 feet to the intersection of the proposed north right -of -'way line of said I-30 with the existing north right-of-way line of 1-30 at the POINT OF BEGINNING and containing 0.9843 acres (42,876 square feet) of land, more or less. Revised August 21, 2012 to update and correct vesting deed recording information. May be replaced with a TxDOT type 11 monument at the end of construction under the supervision of a R.P.L.S. either employed by or retained by TxDOT. NOTE: This description accompanies a survey sketch of even date herewith. NOTE: Bearings are based on the Texas Coordinate System of 1983. North Central Zone 4202, with all distances and coordinates adjusted to the surface by a combined scale factor of 1.00012. fre d • J •• • - • so • , • John L. Libby, Jr.,1.P.L.S. Texas Registration No. 6120 Dunaway Associates, LP 550 Bailey Avenue, Suite 400 Fort Worth, Texas 76107 Phone 817-335--1 1 ' 1 Fax 817-335-7437 Exhibit A Page 2 1 le •it.a7N.•• 144 A. J d ;j : / \ � - l8 r t_ % 1 • • sb 2175.010129302,2 0 100 2go I I Scale IN Feet • 490 lit 0:'I►IEI* WALSH aA!'t.'.'1FS UWT£n r:,.Rr;IERSIIIP,A TEXAS JAW EyD%-!:' y. PARTNERS (I J+., O. %r'S4TII (D.J?PE.TJ (LYJ^ 110. D21 2555511 OAT -Cr.) gSt��,IFOO ji� CJ tiOU ST °I 0 OPP cT 1 PROMISED Virii•'APL£ Wlo.'II D� 5.-G HT •Of 1'/s �;' Ur WAS) 1 A 40.CH PAR ,1 6/ fl TO DE DEC4CATEO 51 1'Ui'Ur.E PLAT /70' N'ATURIC GAS PIPEL►IJE EA: E.►/EVT wD C.IIO.D2?7430-5`5l rc1P.Tr rJ 1 1 1 11 1 yey ws:rrt i CA E'I%l;T --1 I It" ..1iu tt''052GrsoJ1 wait J ' 1 1 1 1 --• 50' !r4rn.UAL GAS f ►!'£UNf. EASE"!+EMT 1r7 RECOj^(L//C ;,,FOR'I4; 1.06i f °(INoo - 11 2 Y57 '13• E I `J95' Vas-- r r -- r .- r- �— _— .rNS6 •r r 41. ors '- EAISTN-a _1 1 r.Gt/1-OF -Whi I Mr (J O - ;L • • . Exhibit A Page 3 30 'riATEsi L/.SEIIL!I! (MI 1;o. 00520?z 1 ) (ONI.L•T.► 1 1 1 EAST �- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i 1 1 1 1 1 1 � 1 1 1 1 1 1 1 1 I 1 1 1 i t 1 1 1 1 i 275.r2' • z d TNit -� •a- • L• I735'•P7ILTJ c-;9477y' L • 42e.15' CO - 5 8937.5- !C -4272J INTERSTATE 30 VARItaLE WIDTH RIC (T -! •'w4 Y rr(x.1'5'. PC. ro. 5) mu.1lI3, f1..92•!I elOt.4173.PC.411 !W?PE'J ( (5w) • sm:et h iron rod elvi c lur inum cf?r ism; ; 'l x001 ' set Marker found 'as retcd' Pr o. erly Line Pro,'r>rd Centerline Survey Line Fea tritt.ccmroIl ii P?T tip f8ral:e In Sc,o!c De€cl f?&;orris. I errant Ccvnh/. Texas D rd i?cords. Porker Ccunly Texas Pr K r R COUNTY l PARFI'IT MAC I D'* NOT TO SCA! 1 /) 42,57E S0. FT . 0.9843 ACRES SMS POINT OF BEGINNING _ 1 11 8-3.2•/'3e 1/ -es s rtw — , 4`—f.XIST1%i3 SEE I (VG1 T -(Or ,'l.Y DE TAIL UN f X .O T&MT lkfitUtrai (Cu, POINT OF COAIAIENCING i CvS0 T . •" I�IIJ 7136' l EXHIBIT "A" PAGE 3 OF 3 -eso P6CPOOSED AIGHT -0/- MAY 1 i EliST ING 4 RiGHT•OF-IVAT -, IINI t1 d• 015'37(1.TJ R • 1.91779- `� L -8a3' CB • li 83136 26 1T LC • 2323' ,IL — s srlo- ir• r- 5 8J573i E 14l.Y A• /(7: S-?J' E 53.9r • • • POINT OF `t BEGINNING TetvD ; wMT I3 %UUF4T 'C.vJ OF TAIL NOT ti JO SCALE -/ r ss i � r zP;r cr — roewir o- CCJNEa .I,u -- rc .t i TJPJT it NJ 65. r 4- 50* NATPU,V. GAS flr'Pul. E EASEL/EMI NO RECCRW; INF CJS I CAI La 1 FOAM() ra'aa Ti(OT 1idQV:UEAT CAW 4 •TEVISED A11l/ST 21.20/2 TO (IPOATE S() CO1??€CT vEsrI,v ten REcoani .rC► IhrdnL'AT.'C.7. ) nor. r Ar,rr>u ?n Nn' STATE TEXAS CONT. PARCEL 1 WALS/-1 RANCH LIMITED PARTNERSHIP, A TEXAS LIMITED PAI ?TNLRSHIP 0.98 13 OCrnc DIST. FTW SECT. J06 COUNTY PARKER HIGHWAY NO. -50 2175.010\29302.2 Parcel 2 Parts 1 & 2 Highway: Interstate 30 ROW CST: - - July 22, 201 1 Exhibit A, Page 1 of 6 Parcel 2 Part 1 BEING 0.0246 acres (1,071 square feet) of land situated in the Houston Tap & Brazoria Railroad Company Survey, Abstract Number 654, Parker County, Texas, and being a portion of a tract of land described in Special Warranty Deed to Walsh Ranches Limited Partnership, a Texas Limited Partnership having a fcneral Partner named Walsh North Star Company, a Texas Corporation, dated December 24, 1996, as recorded in volume 1699, Page 1765, Deed Records, Parker County Texas, said 0.0246 acres of land being more particularly described by metes and bounds as follows: COMMECING at a Texas Department of Transportation (TxDOT) monument found for an angle point on the common line of said Walsh Ranches tract and the south right-of-way line of Interstate 30 (I.30)(variable width); TIHENCE South 89 degrees 35 minutes 15 seconds West, with said common line, a distance of 580.39 feet to an angle- point; THENCE South 85 dcgrcem: 40 ni inhites 47 scconcrs west, continuing with said common line, a distance of 181,24 feet to i TxDOT monument found for an angle point; •I -IENCF South 84 degrees 46 minutes 03 seconds west, continuing with said common line, a distance of 154.77 feet to a 5/8-inch smooth iron rod with aluminum cap stamped "`IH:DQT" set for the intersection of said common line with the proposed south right-of-way line of I•-3f, and the POINT OF BEGINNING, 1) THENCE South 05 degrees 14 minutes 01 second East, departing said common line with the proposed south right-of-way line of said 1-30, a distance of 10.20 feet to a 5/8-inch smooth iron rod with aluminum cap starnj ccl "TxDOT" set for an angle point; 2) 'I'FFI1 NCE South 84 degrees 45 minutes 59 seconds W'cst, continuing Avith the proposed south right-of-way line of said 1-30, a distance of 105.00 feet to a 5/R-inch smooth iron rod with aluminum cap stamped "TxDOT" set for yin angle point; Exhibit A — Page 4 2175.O 10\29302.2 Parcel 2 Parts 1 & 2 Highway: Interstate 30 RO\V CSJ: - - July 22, 2011 Exhibit A, Page 2 of 6 3) TI-IENCF. North 05 degrees 13 minutes 51 seconds West, continuing with the proposed south right-of-way line of said 1-30, a distance of 10.20 feet to a 5/8-inch smooth iron rod with aluminum cap stamped 'TxDOT" set for the intersection of the proposed south right-of-way line of said 1-30 with the common line of said Walsh Ranches tract and the existing south right of way line of said I-30; 4) THENCE North 84 degrees 46 minutes 03 seconds East, with said common line, a distance of 104.99 feet to the POINT OF BEGINNING and containing 0.0246 acres (1,071 square fact) of land, more or less. Parcel 2 Part 2 BEING 0.9699 acres (42,248 square feet) of land situated in the Houston Tap & Brazoria Railroad Company Survey, Abstract Number 654, Parker County, Texas, and being a portion of a tract of land described in SpecialWarranty Deed to Walsh Ranches Limited Partnership, a Texas Limited Partnership having a General Partner named Walsh North Star Company.. a Texas Corporation, dated December 24, 1996, as recorded in Volume 1699, Page 1765, of the Deed Records of Parker County Texas. said 0.9699 acres of land being more particularly described by metes and bounds as follows: COivFMECING► at a Texas Department of "Transportation (TxDOT) monument found for an angle point in the common line of said Walsh Ranches tract and the south right-of-way line of Interstate 30 (I-30)(variable width); THENCE South 89 dcgrces 35 minutes 15 seconds West, with said common line, a cl tr.E e of 580.39 feet to an angle point; TI IPNCF South 85 degrees 40 minutes 47 seconds West, continuing with said common line, a distance of 131.24 feet to a TxDOT monument found for an angle point: THENCE South 84 degrees 46 minutes 03 seconds West, continuing with said common line, a distance of 1,074.55 feet to a 5/8-inch smooth iron rod with aluminum cap stamped "TxDOT" set for the intersection of said common line with the proposed south right-of-way line off-30, and the POINT OF BEGINNING; Exhibit A — Page 5 2175.010129302.2 Parcel 2 Parts 1 & 2 I -I i ghway: Interstate 30 ROW CSJ: - July 22, 20 I I Exhibit A, Page 3 of, 6 1) THENCE South 52 degrees 41 minutes 25 seconds West, departing said common line with the proposed south right-of-way line of said 1-30, a distance of 106.50 feet to a 5/8- inch smooth iron rod with aluminum cap stamper[ "TxDOT' set for an angle point; 2) THENCE South 20 degrees 36 minutes 42 seconds West, continuing with the proposed south right-of-way line of said I-30, a distance of 77.99 feet to a 5/8-inch smooth iron rod with aluminum cap stamped "TxDOT" set for an angle point; 3) THENCE due west, continuing with the proposed south right-of-way line of said 1-30, a distance of 230.50 feet to a 5/8-inch smooth iron rod with aluminum cap stamped "TxDOT" set for an angle point; 4) THF,NCE North 22 degrees 01 minute 54 seconds wc�st, \ vith the proposed south right- of-way line of said 1-30, a distance of 73.53 feet to a 5/8-inch smooth iron rod with aluminum cap stamped "TxDOT" set for an angle point; 5) THENCE North 54 degrees 00 minutes 30 seconds west, continuing with the proposed south right-of-way line of said I-30, a distance of 82.24 feat to a 518-inch smooth iron rod with aluminum cap staunpcd "TxDOT" set for an angle point; 6) THENCE North 85 degrees 58 ninnies 09 seconds West, continuing with the proposed south right-of-way line of said 1-30, a distance of 328.26 feet to a 5/8-inch smooth iron rod with aluminum cap stamped "TxDOT" set for an angle point; 7) 1'1 TENCH North 04 degrees 00 minutes 59 seconds Bast, continuing with the proposed south right-of-way line of said T-30, a distance of 12.61 feet to a 5/8-inch smooth iron rod with aluminum cap stamped "TxDOT" set for the intersection of the proposed south right-of-way Tine of said 1-30 with the common line of said Walsh Ranches tract and the existing south right or way line of said 1-30; Exhibit fA Page 6 • 2175.010\29302.2 Parcel 2 Parts 1 & 2 Highway: Interstate 30 ROW CSJ: - July 79 7011 Exhibit A, Page 4 of 6 ORO 8) THENCE South 85 degrees 58 minutes 57 seconds East, with said common line, a distance of 365.88 feet to the beginning of a tangent curve to the la, left having a radius of 1,9117.79 feet whose chord bears North 89 degrees 23 minutes 08 seconds Fast, a distance of 314.60 feet; 9) THENCE Easterly, continuing along said common line and said curve to the through a central angle of 09 degrees 15 minutes 51 seconds, an arc distance of 314.9' f es to a Txl)OT monument found for the Point of tangency; 10) TIIENCE North 84 degrees 46 minutes 03 seconds East, continuing with said common line, a distance of 84.14 feet to the POINT OF BEGINNING and containing 0.9699 acres (42,248 square feet) of land, more or less. * May be replaced with a TxI)OT type II monument at the end of construction under the supervision ofa R.P.L.S. either employed by or retained by Tx1)(YF. NOTE: This description accompanies a survey sketch of even elate herewith. • NOTE: Bearings arc based on the Texas Coordinate System of 1983, North Central Zone 4202, \vith all distances and coordinates adjusted to the surface by a combined scale factor of 1.00012. • • -- - - '' - — -r Y - 0074 ees7 John L. Libby, Jr., R.1P.L.S., ;#8 Li'exas Registration No. 612t--' . • Dunaway Associates, LP 550 Bailey Avenue, Suite 400 Fort Worth, Texas 76107 Phone 817-335-1121 Fax 3 17-335-74 37 Exhibit A Page 7 1 7, n i r S• )( • fear.. D6tc JOHN L. LIBBY,,1«. afeantaigaee?bey <' o) G 120 a`.`° PIES SION4 67. 5 SUM;671 2175.010\29302.2 ..4 Ewsrms --• RlttT-oY-.yne UNE 0. • • • i 5 84440'O3'tiV 1D1455' PARKER COUNTY 1 SEE DE T.AJL "A" ;-.1`-totNT Car rr Y Bc G'vvag J�f (2 PART IJ?T timesilN08019 400 Scale .0 Feet 0 DIRT r,; .T . • Exhibit A — Page 8 8' smooth Iron rod iv/ aluminum cap stomped 'T C7T l.{Crrker found '05 noted' Property Line Propeised Centerline Survey Line Fee tcot. come n avnershrp Broke In Score D,: d Re ords. Tarront Ccur>ty, Toxvs Med Records, Porker County, Texas 74COT J:3.aLtitkT KW.) t'. INTERSTATE 30 - Wtt'A9LE WIDTH RIGHT-OF-WAY WOL.1152. PG.1CC6) (VOL 173. FG.41) (DRP1_'.T.► S 874064T'W- • 18i24' ONIIERt WALSH RANCHES UUITEO PARTNERSHIP, A TE YArS U(IITED PARTNERSHIP HAWING n GENERAL PARTNER .YSPWED WALSH A ?TH - sr&? CO4PAWA TEXAS CORPORATION Not .1699. PG.1765) MAW.) mos GI� G EXIsr1M BEPARTNNI ,, noin -wZ j n 8€46`OS E i �1()20' s 8 4569' tip• el (waft w �2 PART 1 1,071 SO.FT � ��, 0.0246 OR stoto118;12"01 5664 -cctr • • • EXHIBIT "A" PAGE 5 OF 6 ,, ►, • POINT OF COAIIIEACING fCrc . O ricer M SVN(AT ICAO 5 6735'15'W 5M739' 1 f'DINT • �{ � ACRES ���' � DETAIL "A' PARENT TRACT DETM NOT TO SCALE (WflER; WALSN nAscHES IILaTEO F/.�TTNERSHIP. A rfxis LIMITED PARTNERSHIP' IV u;NG A GENERAL P/RTh£R NAMED •�ALSH NORTH STAR COMPAW4A TEXAS CORPORATION (VOi.1699,PC. R65) WPC.) 1 • STATE TEXAS +I CONT. 1 I TO SC L tote S 0314 Ot E R)IT-OF-WAY Ui1E , NOT • .' • • • • • PARCEL 2 PART 1 WALSH RANCH LIMITED PARI'NERSH/P, A TEXAS LIMITED PARTNERSHIP HAVING A GENERAL PARTNER NAMED WALSH NORTH STAR COMPANY, A TEXAS CORPORATION 0.0246 acres DIST, COUNTY FTI/ SECT. PARKER JOB HIGIIWAY N0, I-30 - 2175.010\29302.2 ►1 EXISTMG AZHT 'OF;YAY LINE S 85'58-sr £ 36588' • � Tt 85'58-09• W SEE DETAIL "0" PARKER COUNTY 52826' 'NT E RSTATE 30 V.'RI.:DL£ WIDTH I'.CH; -a• •WAY (VIX.1152.PC.«61 wOt.n.i.Pc. 411 (ORPG.TJ N5f011OW 0224 11 22Or5T1Y 75.5.5 MINE fit WAL SH RAVCH£5 UVITED PARTNERSHIP. A TEXAS umreO PARTNERSHIP HAVING A GEb£RAL PArfTNt H 1141110 WAL SH 1.VTITll sr Are COUPANY.A TEXAS c'ORAMAr,on Net. 1643.1 v'.1r65) IO,Ri'2T J 0417£Rr WALSH RA%'CN WEST TRACT B (VOL 22072.PG.9851 IDRPL.TJ &P V.P,RrUc gal Uri �tpida rT PP Its 190 290 400 Scale I" Feet EON© 0 • smooth Iron rad w/ aluminum cop _Stamped 'T xDOT' set 0 • e• w -7. —J��--- . DB. l C.T, . D.RP.C.T . • Exhibit A — Page 9 !Yorker found 'vs noted' Property Line Proposed Centerline Survey tine Fee hook, corn/non awrersNp Brake in Salle Died Records, Tarrant County, Texos Deed Rc cords, Porker Covniy, Texas PWiD r,m; SO,V$+EST Min es• raiss5r RTJ R •1.91719• L. • JI4.9T CB • N 892503 E- - LC • 514117' PART 42248 SO.FT. 0.9699 CRES WEST 230.f4' PPOPOSED r tNT-o WAY UNE roc UNE •'Exlsra,V IWHT-of-WFI i UNE i 1 -- 11 3 C-f5'0S' E 64146- P71NT OF f BEGINNING 1 PART 2' S 806197Ye I07455. dr s 5z4r25' ►Y loofa 5 n3z•,+' to N • S 55'5857•E• J6=28• rI PART 2) I2Sr PROPOSED \ R:;NT-Ol-WAY % LINE OfGJS? E -Jo D E T r�l. TO "8" NOT I STATE DIST, I TEXAS FTW CONT. SECT. / 52826,,' .' [i X1STING f&'GHT -OF-WAY utit EXHIBIT "A" PAGE 6 OF 6 tot Ppm rti . l2t PARCEL 2 PART 2 WALS/I RANCH LIMITED PART IVERSH/P, A TEXAS \ L/M/T ED PARTNERSHIP HAVING A GENERAL PARTNER NAMED WALSH NORTH STAR COMPANY, A TEXAS CORPORATION 0.9699 acres COUNTY PARKER JOB HIGHWAY NO. I-30 . 2175.010\29302.2 tf Exhibit B — Page Solo fl40.4• t b l A Exhibit B Relocation of Utilities pE '" 9nt:: 0_ a F. EB SH RANCH PICV.Y AT IH 3 uT.LITY EXHIBIT 2175.010\29302.2 MI&C Review Page 1 of 2 'CITY COUNCIL AGENDA Official site of the City of Fort Worth, Texas FORT WoRTrI COUNCIL ACTION: Approved on 9/25/2012 = Resolution No. 4136=09=2012 DATA: 9/25/2012 REFERENCE C-25879®O NAME: 06WALSH RANCH 1-30 NO.: INTERCHANGE CODE: C TYPE: NON- PUBLIC NO CONSENT HEARING: SUBJECT: Adopt Resolution Authorizing Execution of a Local Project Advanced Funding Agreement with the Texas Department of Transportation and a Funding Agreement with Walsh Ranches, L.P., in the Amount of $12,654,000.00 for Construction of the Walsh Ranch Parkway Interchange at Interstate Highway 30 at a Total Estimated Cost of $13,913,187.00 (COUNCIL DISTRICT 3) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached Resolution authorizing the execution of a Local Project Advanced Funding Agreement with the Texas Department of Transportation in the amount of $12,654,000.00 for Construction of the Walsh Ranch Parkway Interchange at Interstate Highway 30 at a total estimated cost of $13,913,187.00; and 2. Authorize the City Manager to execute a Funding Agreement with Walsh Ranches, L P. for the purpose of reimbursement for costs in excess of the funding Agreement with Texas Department of Transportation. DISCUSSION: The purpose of this Mayor and Council Communication is to seek authorization to enter into two Agreements for construction and cost reimbursement for the Walsh Ranch Parkway Interchange at IH-30 in west Fort Worth (WRP Interchange). On May 6, 2003, the City entered into an economic development Agreement (M&C C-20876, City Secretary No. 28585) with Walsh Ranches, L P. Since that time and in accordance with the terms of that Agreement, both the City and Walsh Ranches L.P., have made significant infrastructure improvements related to the development of the Walsh Ranch as a master planned community. An exhibit of the proposed Walsh Ranch development is attached for reference. On November 11, 2008, (M&C G-16351) the City Council approved Resolution 3679-11-2008, seeking funding support for the construction of the WRP Interchange from our regional transportation partners. While serving as the gateway to the development, the interchange and the associated ramps will also provide significant operational and safety enhancements to the traveling public with the elimination of the two-way frontage road system. Staff has worked closely with the Texas Department of Transportation and the North Central Texas Council of Governments to collectively identify the amount of $12,654,000.00 in state and federal funds to design and construct this TxDOT-let project. However, there is an anticipated construction cost in the amount of $13,913,187.00, leaving a funding shortfall in the amount of $1,259,187.00 which is the responsibility of the City under the terms of the LPAFA. The City has negotiated a Funding Agreement with Walsh Ranches, L.P., for it to reimburse the City for all costs the City incurs related to the construction of the Project, including the funding shortfall. The project is scheduled to commence in January of 2013 and is located in COUNCIL DISTRICT 3. http://apps.cfwnet.org/council_packet/mc review. asp?ID=17471 &councildate=9/25/2012 10/9/2012 M&C Review Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office bv: Fernando Costa (6122) Originating Department Head: Randle Harwood (6101) Additional Information Contact: Bryan Beck (7909) ATTACHNIENTS WR LPAFA Resolution(Revised9 18 12).doc WRP 1-30 @ Walsh Ranch Parkway.pdf http://apps.cfwnet.org/council packet/mc_review.asp?ID=17471 &councildate 9/25/2012 10/9/2012