HomeMy WebLinkAboutContract 42869CITY SEMARY
CONTRACT No.
COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.
WHEREAS, the undersigned "Developer" desires to make certain improvements (as
described below) to an addition to the City of Fort Worth, Texas ( "City "); and
WHEREAS, Developer owns approximately 17.70 acres of land located along Trinity
Blvd. in Fort Worth, Texas ( "Property") which Property abuts and shares a common boundary on
two (2) sides along the Texas Star Golf Course ( "Golf Course "), which is located in the City of
Euless, Texas ( "Euless ") and which is owned and operated by Euless; and
WHEREAS, Developer desires to construct 8" water and sewer lines within single family
residential town homes development on a portion of the Property ( "On -Site Improvements ")
pursuant to a separate Community Facilities Agreement ( "CFA "), City Secretary Contract No.
; and
WHEREAS, the On -Site Improvements require the construction of a gravity flow sanitary
sewer line from the Property across the Golf Course property in direct alignment to that certain
existing Trinity River Authority sanitary sewer manhole (the "Off -Site Work "), as described in the
Development Agreement between Developer and Euless, the subject of this CFA; and
WHEREAS, Developer will be allowed use of the permanent sanitary sewer easement
and temporary construction easement granted by Euless to City for the installation and
maintenance of an 8 -inch sanitary sewer line to serve the On -Site Improvements, at no cost to
Developer, in exchange for Developer agreeing that such sewer line shall be installed by means of
subsurface directional drilling from the Property to the TRA manhole, and agreeing to additional
requirements provided for in the Development Agreement; and
WHEREAS, City and Developer desire to set forth their agreement regarding the Off -Site
Work in this CFA and will set forth their agreement regarding the On -Site Improvements in a
separate CFA,
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
For and in consideration of the covenants and conditions contained herein, the City and the
Developer do hereby agree as follows: R OFFICIAL RECORD l
{ CITY SECRETARY
- _ - I N 1 FT. WORTH, T'A
Developer Information:
Developer Company Name: Texas Star Cove, L.P.
Address: 218 West Wall Street
Authorized Signatory: Robert Betancur
Title: Vice President
Project Name: Texstar Cove Addition - Offsite Sanitary Sewer
Project Location: South of Trinity Blvd, approx. 3100 LF west of Hwy 157
Additional Streets: N/A
Plat Case No.: FP- 011 -043 Plat Name: Texstar Cove Addition
Mapsco: 55 -W Council District: 5 City Project No: 01863
To be completed by taff.
Received by: v� Date: 1
CFA: 2012 -005 DOE: 6794
General Requirements
A. The Policy for the Installation of Community Facilities ( "Policy ") dated
March 2001, approved by the City Council of the City of Fort Worth and
subsequently amended from time to time via a Mayor and Council
Communication adopted by the City Council of the City of Fort Worth, is
hereby incorporated into this Community Facilities Agreement ( "CFA ") as if
copied herein verbatim. Developer agrees to comply with all provisions of
said Policy in the performance of its duties and obligations hereunder and to
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cause all contractors hired by Developer to comply with the Policy in
connection with the work performed by said contractors.
B. Developer shall provide financial security in conformance with paragraph 6,
Section II, of the Policy and recognizes that there shall be no reduction in the
collateral until the Project has been completed and the City has officially
accepted the infrastructure. Developer further acknowledges that the financial
guarantee for this CFA regarding Off -Site Work may not be a Completion
Agreement, and Developer must provide the funding necessary to complete
the sewer line if the Developer fails to complete it. Additionally, Developer
acknowledges that there is a separate Interlocal Agreement between the City
of Euless and the City of Fort Worth (which addresses this CFA regarding
the Off -Site Work) by which the City of Euless will be given the right to
access the financial guarantee for the Off -Site Work, under the same terms
that the City of Fort Worth can access the financial guarantee under this CFA
regarding the Off- Site Work. Developer further acknowledges that said
process requires it to submit an Affidavit of Bills paid signed by its
contractor and Consent of Surety signed by its surety to ensure the
contractor has paid the sub - contractors and suppliers in full. Additionally,
the contractor will provide in writing that the contractor has been paid in
full for all the services provided under this contract.
C. Developer agrees to cause the construction of the improvements
contemplated by this Agreement and that said construction shall be
completed in a good and workmanlike manner and in accordance with all
City standards and the City- approved construction plans, specifications and
cost estimates provided for the Project and the exhibits attached hereto.
D. The following checked exhibits are made a part hereof: Water (A) ,
Sewer (A- 1)_X_; Paving (B) Storm Drain (B -1) ; Street
Lights & Signs (C)
E. The Developer shall award all contracts for the construction of community
facilities in accordance with Section II, paragraph 7 of the Policy and the
contracts for the construction of the public infrastructure shall be
administered in conformance with paragraph 8, Section II, of the Policy.
F. For all infrastructure included in this Agreement for which the Developer
awards construction contract(s), Developer agrees to the following:
i. To employ a construction contractor who is approved by the director of the
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department having jurisdiction over the infrastructure to be constructed,
said contractor to meet City's requirements for being insured, licensed and
bonded to do work in public streets and /or prequalified to perform
water /waste water construction as the case may be.
ii. To require its contractor to furnish to the City a payment and performance
bond in the names of the City and the Developer for one hundred percent
(100 %) of the contract price of the infrastructure, and a maintenance bond
in the name of the City for one hundred percent (100 %) of the contract
price of the infrastructure for a period of two (2) years insuring the
maintenance and repair of the constructed infrastructure during the term of
the maintenance bond. All bonds to be furnished before work is
commenced and to meet the requirements of Chapter 2253, Texas
Government Code.
iii. To require the contractor(s) it hires to perform the construction work
contemplated herein to provide insurance equal to or in excess of the
amounts required by the City's standard specifications and contract
documents for developer- awarded infrastructure construction contracts.
The City shall be named as additional insured on all insurance required by
said documents and same will be evidenced on the ACORD Certificate of
Insurance supplied by the contractor's insurance provider and bound in the
construction contract book.
iv. To require its contractor to give 48 hours notice to the City's Construction
Services Division of intent to commence construction so that City
inspection personnel will be available; and to require the contractor to
allow the construction to be subject to inspection at any and all times by
City inspection forces, and not to install or relocate any sanitary sewer,
storm drain, or water pipe unless a responsible City inspector is present
and gives his consent to proceed, and to make such laboratory tests of
materials being used as may be required by the City.
v. To require its contractor to have fully executed contract documents
submitted to the City to schedule a Pre - Construction Meeting. The
submittal should occur no less than 10 working days prior to the desired
date of the meeting. No construction will commence without a City- issued
Notice to Proceed to the Developer's contractor.
vi. To delay connections of buildings to service lines of sewer and water
4
mains constructed under this Agreement until said sewer and water mains
and service lines have been completed to the satisfaction of the Water
Department.
G. Developer agrees to provide, at its expense, all engineering drawings and
documents necessary to construct the improvements required by this
Agreement. Developer further agrees to obtain all necessary permits to
construct the improvements and /or tie in to the existing TRA sewer main.
H. Developer shall cause the installation or adjustment of the required utilities to
serve the development or to construct the improvements required herein.
Developer shall adhere to the terms and conditions regarding the installation
of the Off -Site Work (e.g., subsurface installation of the sanitary sewer line)
pursuant to this CFA.
I. City shall not be responsible for any costs that may be incurred by Developer
in the relocation of any utilities that are or may be in conflict with any of the
community facilities to be installed hereunder.
J. Developer hereby releases and agrees to indemnify, defend and hold the City
harmless for any inadequacies in the preliminary plans, specifications and cost
estimates supplied by the Developer for this Agreement.
K. Developer agrees to provide, at its expense, all necessary rights of way and
easements across property owned by Developer and required for the
construction of the current and future improvements provided for by this
Agreement.
L. The Developer further covenants and agrees to, and by these presents does
hereby, fully indemnify, hold harmless and defend the City, its officers,
agents and employees from all suits, actions or claims of any character,
whether real or asserted, brought for or on account of any injuries or
damages sustained by any persons (including death) or to any property,
resulting from or in connection with the construction, design, performance or
completion of any work to be performed by said Developer, his contractors,
subcontractors, officers, agents or employees, or in consequence of any
failure to properly safeguard the work, or on account of any act, intentional
or otherwise, neglect or misconduct of said DEVELOPER, his contractors,
sub - contractors, officers, agents or employees, whether or not such
iniuries, death or damages are caused, in whole or in part, by the
alleged negligence of the City of Fort Worth, its officers, servants, or
5
employees.
M. Developer will further require its contractors to indemnify, defend and hold
harmless the City, its officers, agents and employees from and against any
and all claims, suits or causes of action of any nature whatsoever, whether
real or asserted, brought for or on account of any injuries or damages to
persons or property, including death, resulting from, or in any way connected
with, the construction of the infrastructure contemplated herein, whether or
not such iniuries, death or damages are caused, in whole or in part,
by the alleged nezUkence of the City of Fort Worth, its officers,
servants, or employees. Further, Developer will require its contractors to
indemnify, and hold harmless the City for any losses, damages, costs or
expenses suffered by the City or caused as a result of said contractor's failure
to complete the work and construct the improvements in a good and
workmanlike manner, free from defects, in conformance with the Policy, and
in accordance with all plans and specifications and shall cause to be executed
and delivered to the City an indemnity agreement from such contractors on a
form to be promulgated by the City.
N. Upon completion of all work associated with the construction of the
infrastructure and improvements, Developer will assign to the City a non-
exclusive right to enforce the contracts entered into by the Developer with its
contractor along with an assignment of all warranties given by the contractor,
whether express or implied. Further, Developer agrees that all contracts with
any contractor shall include provisions granting to the City the right to enforce
such contracts as an express intended third party beneficiary of such contracts.
O. Inspection and material testing fees are required as follows:
i. Developer shall pay in cash water and wastewater inspection fees and
material testing fees equal to two percent (2 %) for a total of 4% of the
developer's share of the total construction cost as stated in the construction
contract.
ii. Developer shall pay in cash paving and storm drain inspection fees equal
to four percent (4 %) and material testing fees equal to two percent (2 %) for
a total of 6% of the developer's share of the total construction cost as stated
in the construction contract.
iii. Developer shall pay in cash the total cost of streetlights or if the city is
not installing the streetlights, inspection fees equal to four percent (4 %) of
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the developer's share of the streetlight construction cost as stated in the
construction contract.
iv. Developer shall pay in cash the total cost of street signs.
P. COMPLETION WITHIN 2 YEARS
i. Nothing contained herein is intended to limit the Developer's
obligations under the Policy, this Agreement, its financial guarantee,
its agreement with its contractor or other related agreements.
ii. The City or Euless may utilize the Developer's financial guarantee
submitted for this Agreement to cause the completion of the construction
of the community facilities if at the end of two (2) years from the date of
this Agreement the community facilities have not been completed and
accepted.
iii. The City or Euless may utilize the Developer's financial guarantee to
cause the completion of the construction of the community facilities or to
cause the payment of costs for construction of same before the expiration
of two (2) years if the Developer breaches this Agreement, becomes
insolvent or fails to pay costs of construction and the financial guarantee is
not a Completion Agreement. If the financial guarantee is a Completion
Agreement and the Developer's contractors and /or suppliers are not paid
for the costs of supplies and /or construction, the contractors and /or
suppliers may put a lien upon the property which is the subject of the
Completion Agreement.
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Cost Summary Sheet
Project Name: Texstar Cove Addition — Offsite Sanitary Sewer
CFA No.: 2012 -005
DOE No.: 6794
An Engineer's Estimate of Probable Cost is acceptable. However, the construction contract price
will ultimately determine the amount of CFA fees and financial guarantee. The bid price and any
additional CFA payments will be required prior to scheduling a pre- construction meeting.
An itemized estimate corresponding to each project - specific exhibit is required to support the
following information.
Items
A. Water and Sewer Construction
1. Water Construction
2. Sewer Construction
Water and Sewer Construction Total
B. TPW Construction
1. Street
2. Storm Drain
3. Street Lights Installed by Developer
TPW Construction Cost Sub -Total
Developer's Cost
$ 109,815.59
$ 109,815.59
Total Construction Cost (excluding the fees):
$
109,815.59
Construction Fees:
$ 109,815.59
C. Water /Sewer Inspection Fee (2 %)
$
2,196.31
D. Water /Sewer Material Testing Fee (2 %)
$
2,196.31
Sub -Total for Water Construction Fees
$
4,392.62
E. TPW Inspection Fee (4 %)
$
-
F. TPW Material Testing (2 %)
$
G. Street Light Inspsection Cost
$
H. Street Signs Installation Cost
$
Sub -Total for TPW Construction Fees
$
-
Total Construction Fees:
$
4,392.62
Choice
F;.... W tlmi nc rh_n -
Bond = 100%
$ 109,815.59
Completion Agreement = 100% / Holds Plat
$ 109,815.59
Cash Escrow Water/Sanitary Sewer- 125%
$ 137,269.49
Cash Escrow Paving/Storm Drain = 125%
$
Letter of Credit = 125% w/2 r expiration period
$ 137,269.49
t
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IN TESTIMONN' "'HEREOF. the City of Fort Worth has caused this instrument to be
executed in quadruplicate in its name and on its behalf by its Assistant City Manager, attested by
its City Secretary, with the corporate seal of the City affixed, and said Developer has executed
this instrument in quadruplicate, to be effective as of the date last written by a Party, below.
CITY OF FORT WORTH DEVELOPER
Texas Star Cove LP, a Texas Limited
Partnership
By e it General
Pa
By
Fernando Costa Ro ancur, Vice President
Assistant City Manager
Date: - /z Date: 71z,
Z 4 L _-
Recommended by:
Transportation & Public Works Department
'1A-
Douglas W. Wiersig, P.E.
Director
Waxer Department
c
Wendy Chi a ulal, EMBA, P.E.
Water De elopment Engineering Manager
p r to F rm & Legality:
EJ&Tgfa—s W. Black
Assistant City Attorney
M &C: ul A
Date: A.�ptl11� 7�
pp � Q V t aYI,
ATTEST:
G
O O
Ci k�1 �IC � 2 FQ :-- �1 O t q
T6 :r CO -// `v a C
OFRMA RR €CQR[� .F
C. " T y SECRETARY
fYL WORTH, TX
The Checked Must be Included as Attachments to this Agreement
Included
Attachment
®
CFA Exhibit
®
Location Map
®
Exhibit A -1: Sewer Improvements
®
Sewer Estimate
®
Other Attachments: Development Agreement
(Remainder of Page Intentionally Left Blank)
10
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13
TEXSTAR COVE ADDITION
OFFSITE SANITARY SEWER IMPROVEMENTS
January 17, 2012
SANITARY SEWER COLLECTION SYSTEM
n Ew
DESCRIPTION
BID QTY
UNIT
PRICE
AMOUNT
1
8' PVC Sewer Man by Bore w! C2p
424
LF_
$191.68
SB1
2
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$57.41
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44 .50
$W.50
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424
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1.33
$563.92
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14
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DEVELOPMENT AGREEMENT
This Development Agreement (hereinafter the "Agreement ") is made and entered
into by and between the City of Euless, Texas (hereinafter the "City") and Texas Star Cove
LP (hereinafter "Developer"). The City and Developer may sometimes hereinafter be
referred to collectively as the "Parties ", and individually as a "Party."
RECITALS
WHEREAS, the City owns and operates the Texas Star Golf Course (hereinafter the
"Golf Course "), a portion of which is located within the boundaries of the City of Fort
Worth; and
WHEREAS, Developer has purchased that certain 17.70 acres of land, more or less,
located along Trinity Blvd. in Fort Worth, Tarrant County, Texas (hereinafter the "Property"
and being more particularly described and depicted on the attached Exhibit A -1 and Exhibit
AA =2), which abuts and shares a common boundary on two (2) sides along the Golf Course;
and
WHEREAS, Developer seeks to develop the Property and construct single family
residential homes conforming to those particular construction and development standards set
forth herein and existing requirements of the City of Fort Worth (hereinafter the "Project ");
and
WHEREAS, the City and Developer now seek to memorialize all agreements
reached with respect to the development of the Project in order to clarify the Parties'
respective intentions, expectations and obligations concerning the Project.
AGREEMENT
NOW, THEREFORE, for and in consideration of the promises and agreements
reached between the Parties, all of which are expressly set forth herein, and other good and
valuable consideration, the receipt and sufficiency of which is also hereby acknowledged, it
is hereby agreed by the Parties as follows:
1. Zoning. Consistent with and in addition to the requirements of the Planned
Development ( "PD ") document (City of Fort Worth Ordinance No. 19516 -01-
2011), the following construction and development standards for the residential
portion of the Project shall be applied:
a) Masonry. All single- family dwelling structures located adjacent to the Golf
Course will have effectively 100% masonry on the rear elevation and 90%
masonry on the ground floor of all structures, excluding windows, doors and
small areas not engineered for masonry.
b) Fencing. During initial stages of the single family detached dwelling unit
construction on the Property, Developer agrees to install fencing along the
common boundary lines of the Property and the Golf Course, unless
otherwise indicated by this section. All fencing must be a height of no less
than six (6) feet and no more than eight (8) feet, excluding the height of any
necessary retaining wall under the fencing. Maintenance of all fencing shall
be the responsibility of Developer initially, and then the subdivision's
Homeowner's Association ( "HOA ") through the Covenants, Conditions, and
Restrictions affecting the Property ( "Covenants "). The following fencing
requirements shall apply to the following lots adjacent to the Golf Course,
which are depicted on the attached Exhibit A -2:
i) Lots 20 -27, Block 4 (approximately 450' from the southeastern
corner of the Property): Fencing must be complete solid masonry,
constructed with Milsap chopped sandstone, on top of any required retaining
wall. Fencing shall include detailing on the top of the fencing to produce a
change in texture and plane; offsets shall be created to provide visual variety;
and masonry columns must be installed at a maximum of 100 feet on centers,
shall be taller than the fencing, and shall have decorative caps.
ii) Lots 28 -33, Block 4: Fencing must be completely steel tubular
(wrought iron type) fencing with masonry columns constructed with Milsap
chopped sandstone and installed at a maximum of 100 feet on centers.
iii) Lot 34, Block 4: Fencing must be a combination of solid masonry
and steel tubular (wrought iron type) along the rear lot line adjacent to the
Golf Course and the rear lot line adjacent to the Open Space. The solid
masonry portion of the fencing is to be a minimum of 3 feet in height around
the perimeter of Lot 34.
iv) Lot 35, Block 4: Fencing must be completely steel tubular (wrought
iron type) along the rear lot line.
v) All other Lots along the common boundary lines of the Property
and the Golf Course: Fencing must be completely steel tubular (wrought
iron type) fencing with masonry columns constructed with Milsap chopped
sandstone and installed at a maximum of 100 feet on centers..
vi) Developer may choose to submit an alternative fencing plan
modifying the type, height and footage of the masonry fencing requirements
prior to installation. City may approve or deny any plan at its sole discretion.
c) Open Space. Developer agrees that Lot 13x, Block 1, as shown on the
attached Exhibit A -2 (the "Open Space "), will be designated as a native area and
Developer agrees that there will be no direct access to the Open Space from
adjacent residential lots and Developer further agrees to prohibit recreational
amenities within the Open Space. The City will have the right, but not the
obligation, to maintain or restore any trees or vegetation, at its sole cost and
expense within the Open Space subject to notification to the Developer or HOA.
To the extent permitted by law, the City shall indemnify and hold the Developer
or HOA harmless from all claims, costs and liability relating to any maintenance
or restoration performed by the City in the Open Space. If any Property or
improvements (including perimeter fencing) are removed or damaged while
performing such maintenance work, the City shall restore such to its condition
prior to the performance of the work. Developer further agrees to insert the
foregoing restrictions into the Covenants. Subject to the City of Fort Worth's
approval, Developer will install a device to discourage pedestrian access to the
Golf Course through the drainage way.
d) Conveyance of Property. Developer agrees to convey to City by special
warranty deed, at no cost to City, the property described on the attached Exhibit
E.
e) Minimum Square Footage. The single family detached dwelling units
constructed on all lots adjacent to the Golf Course will have a minimum size of
2,000 square feet of living area, with an average square footage of 2,500,
excluding garage, porches and patios.
f) Accessory Buildings. No accessory buildings will be constructed on lots
adjacent to the Golf Course unless such building is built with the same design and
materials as the residence, does not exceed eight feet (S') in height from the
ground, and meets the zoning setback requirements.
2. Sanitary Sewer Easement. The City will execute and convey a Sanitary Sewer
Easement, the form of which is attached hereto as Exhibit B, to the City of Fort
Worth, which will provide and convey a utility easement and temporary
construction easement for installation and maintenance of a gravity flow sanitary
sewer line ( "Sewer Line ") from the Property across the Golf Course property in
direct alignment to that certain existing Trinity River Authority sanitary sewer
manhole (the "TRA manhole ", being generally depicted on the attached Exhibit
C), at no cost to Developer, in exchange for Developer agreeing that such Sewer
Line shall be installed by means of subsurface directional drilling from the
Property to the TRA manhole, and subject to the following additional
requirements set forth in this Section 2. Within five (5) business days after the
Developer executes a Community Facilities Agreement ( "CFA ") with the City of
Fort Worth for the construction of the Sewer Line the City will execute and
deliver the Sanitary Sewer Easement to the City of Fort Worth. Fort Worth will
record the executed Sanitary Sewer Easement after a pre - construction meeting
concerning the Sewer Line has taken place consistent with the CFA and prior to
the final plat being filed for the Property.
a) Developer agrees that once it has commenced construction and begun to
install the Sewer Line, it shall have sixty (60) days to complete all
construction related to the Sewer Line, except for testing and final acceptance
'punch -out' work that does not interfere with golf course play or operations,
and Developer shall be liable to City in the amount of $1,000.00 for each day
thereafter the Sewer Line remains unfinished.
b) If construction of the Sewer Line has not been completed within two (2) years
of the effective date of the CFA, the City may elect to notify the City of Fort
Worth and Developer that Developer is no longer permitted access to the
Sanitary Sewer Easement for any purpose, and upon receipt of said
notification, Developer will no longer be permitted access without the prior
written consent of City. Further, City will have the ability to finish the
construction of the Sewer Line by collecting on Developer's financial
guarantee under the CFA.
c) When installing the Sewer Line, Developer agrees to work only within the
Sanitary Sewer Easement as further described in subsection 2(d) below, and
to perform the work according to the terms and specifications provided for in
the CFA. Developer further agrees to utilize its best efforts to minimize
disruption and/or damage to the Golf Course surface and operations. The
Parties agree to communicate and work together to identify a one week period
within the month of February 2012 to complete the Sewer Line installation
and all surface operations on the Golf Course. Should all of the work not be
completed by February 2012, the Parties agree to communicate and work
together to identify several reasonable windows of time, i.e. days and times,
for commencement of Sewer Line construction work on the Golf Course
property so as to minimize disruption of golf course play, including
tournament play. Any days and times agreed to must be in writing, with
email being sufficient. In the event the installation of the Sewer Line is
commenced during the peak operations period for the Golf Course, defined
herein as between March 1 — June 30, and between September 16 —
November 30, Developer agrees that Sewer Line construction work and
activity performed on the surface of the Golf Course property shall be
performed only between 7:00 p.m. (CST) and 5:00 a.m. (CST). For any days
and times not previously agreed to in writing, Developer, its contractors and
subcontractors agree to always notify City Manager, Gary McKamie (phone
817- 685 -1818 or Deputy City Manager, Loretta Getchell (817- 685 -1452) to
seek permission prior to entry on the Golf Course or the Sanitary Sewer
Easement.
d) Developer agrees to cause the Sewer Line to be installed by means of
subsurface directional drilling and "pushing" said line from the Property for
subsurface connection to the TRA manhole located on the Golf Course
property. To the extent possible, Developer agrees to take all possible
measures to locate the bore pit for the Sewer Line in an area so as not to abut
the common boundary line of the Golf Course and the Property. The Parties
agree to cooperate and work together in order that disturbance of Golf Course
operations is minimized and the subsurface drilling and Sewer Line
installation and connection may be completed by the drilling contractor in a
reasonable and timely manner. In this regard, the Parties agree to meet in
advance of commencement of the Sewer Line installation work and to
mutually agree in writing in a timely manner on (1) the method and route of
transporting necessary ventilation and drilling material extraction equipment
to and from the TRA manhole area; (2) the type of equipment to be used in all
work on the Golf Course; (3) an equipment staging area located in reasonably
close proximity to the TRA manhole; and (4) the location on the Golf Course
property (in reasonably close proximity to the TRA manhole) for
simultaneously discharging drilling material displaced during the drilling
process.
e) Developer agrees to incorporate into the subsurface directional drilling
contractor subcontract such provisions as will require that such contractor or
subcontractor agree to (1) cooperate with Developer and the City in
minimizing disruption of Golf Course operations; (2) to promptly repair any
surface damages to the Golf Course property; and (3) strictly adhere to the
time limitations and agreements between City and Developer for installation
of the Sewer Line.
f) Prior to commencement of subsurface directional drilling, the City shall
locate and identify to Developer the actual depth and location of all Golf
Course facilities and irrigation lines located in the vicinity of the TRA
manhole.
Perimeter Easement. The City hereby provides and conveys to Developer
and/or Developer's assigns, at no cost to Developer or Developer's assigns, a
temporary construction and maintenance easement (collectively the Perimeter
Easement') on the Golf Course property, five foot (5') in width and located
parallel to and along the common boundary lines of the Property and the Golf
Course. The Perimeter Easement shall be utilized only (1) as a temporary
construction easement for access in order to construct retaining walls and
fencing on the Property to expire upon completion of construction; and (2) for
continued maintenance of fencing. Such Perimeter Easement shall not be
utilized for purposes of grading, clearing or construction staging on the Golf
Course property.
4. Tree Planting. The Parties may agree to allow the Golf Course property to
be utilized by Developer to plant trees in accordance with tree mitigation
requirements imposed by the City of Fort Worth with written mutual consent.
5. Landscaping. A Landscape Area (designated as the property located between
the existing Golf Course cart path and the masonry fencing identified in
Section Lb), shall be established to further the aesthetic balance between the
Golf Course and the Property. In exchange for the City installing and
maintaining landscaping materials in the Landscape Area pursuant to an
agreed Landscape Area material list, a copy of which is attached hereto as
Exhibit D and incorporated herein, Developer shall have the option to either
(1) acquire or provide the agreed landscape materials through Developer's
sources; or (2) purchase the agreed landscape materials through pricing
available to the City, which pricing shall be presented by the City to
Developer for consideration.
6. Drainage. Developer will take such steps as are reasonable and necessary to
maintain current drainage and flows so as not to adversely impact the Golf
Course property as a result of the Project. Additionally, Developer:
a) Agrees to provide copies of engineering design and flow calculations to
the City prior to any construction on the Property;
b) Agrees to incorporate in the Covenants and the documents establishing an
HOA such language that will (1) acknowledge the engineering efforts that
would reduce storm runoff from the Property to the Golf Course property;
(2) prohibit activities or construction that would create an increased storm
water runoff that would adversely affect the Golf Course property; and
(3) on lots adjacent to the Golf Course reasonably restrict (i) the
installation of above -ground pools, storage facilities, and impermeable,
hard surface athletic facilities, and (ii) the accumulation or storage of
trash, debris, or unsightly items; and
c) Agrees that in the event that lots located within 300 feet of the south right
of way line of Trinity Blvd. and adjacent to the Golf Course property are
developed as a part of the Project, Developer will construct
improvements, or cause improvements to be constructed, on said lots
during the initial phase of unit construction on the Property so as to
permit the City to confirm that development of said lots does not result in
increased storm water runoff that adversely affects the adjacent Golf
Course property, i.e. Hole No. 8. If there are adverse affects, Developer
agrees to promptly remedy the increased drainage by all reasonable
means, including but not limited to connecting drainage into existing
underground Golf Course drainage located along the east side of Hole No.
8.
7. Damage to Golf Course. Developer shall repair and be responsible for all
damage to the surface or subsurface of the Golf Course (including trees,
vegetation, and underground facilities) caused by Developer, or its
contractors or subcontractors, in connection with any work or activities
performed on the Golf Course or the Property. Developer agrees to place the
sum of Five Thousand Dollars ($5,000) into escrow prior to commencement
of work on the Golf Course property, said amount to remain in escrow until
(1) the City determines that the surface and subsurface of the Golf Course
property has not been damaged or that the affected areas, if any, are restored
to the satisfaction of the City; and (2) twelve months have passed after the
City of Fort Worth accepts the new Sewer Line. Such escrowed funds will be
forfeited by Developer in the event Developer fails to promptly cure or cause
to be cured (after notice and reasonable opportunity to cure) any material
breach of this Agreement that negatively impacts the operation of the Golf
Course; provided, however that nothing herein limits Developer's liability for
any damages in excess of the escrowed funds.
Electric Service. The Parties intend that electrical service transmission lines
(whereby electrical service is provided to the Property) will be installed
underground.
9. Insurance. Developer covenants and agrees that it will furnish to City, at
Developer's sole cost and expense, a certificate of insurance as proof that it
has secured and paid for a policy providing general liability insurance
covering all risks related to Developer's construction on and use of the Golf
Course Property. The amounts of such insurance shall not be less than
$1,000,000.00 for personal injury or death, each occurrence. City shall be
named as an additional insured under the above - described policies, and each
such policy shall contain endorsements waiving subrogation rights against
City and providing that such policies may not be cancelled unless City is
provided with written notice of such intent to cancel at least thirty (30) days
prior to any such cancellation. Each such insurance policy shall be procured
from a company authorized to do business in the State of Texas and shall be
satisfactory to City. Developer shall provide evidence satisfactory to City
that such coverage has been procured and is being maintained at all times
until the Sewer Line has been accepted by the City of Fort Worth.
10. INDEMNIFICATION. DEVELOPER SHALL, AT ITS SOLE COST
AND EXPENSE, INDEMNIFY AND HOLD HARMLESS CITY AND
ALL ITS OFFICERS, OFFICIALS, DIRECTORS, EMPLOYEES, AND
AGENTS, (HEREINAFTER REFERRED TO AS "INDEMNITEES "),
FROM AND AGAINST ANY AND ALL LIABILITY, OBLIGATIONS,
DAMAGES, PENALTIES, CLAIMS, LIENS, COSTS, CHARGES,
LOSSES AND EXPENSES (INCLUDING, WITHOUT LIMITATION,
REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT
WITNESSES AND CONSULTANTS), WHICH MAY BE IMPOSED
UPON, INCURRED BY OR BE ASSERTED AGAINST THE
INDEMNITEES BY REASON OF ANY ACT OR OMISSION OF
DEVELOPER, ITS PERSONNEL, EMPLOYEES, AGENTS,
CONTRACTORS OR SUBCONTRACTORS, RESULTING IN
PERSONAL INJURY, BODILY INJURY, SICKNESS, DISEASE OR
DEATH TO ANY PERSON OR DAMAGE TO, LOSS OF OR
DESTRUCTION OF TANGIBLE OR INTANGIBLE PROPERTY,
LIBEL, SLANDER, INVASION OF PRIVACY AND UNAUTHORIZED
USE OF ANY TRADEMARK, TRADE NAME, COPYRIGHT,
PATENT, SERVICE MARK OR ANY OTHER RIGHT OF ANY
PERSON, FIRM OR CORPORATION, WHICH MAY ARISE OUT OF
OR BE IN ANY WAY CONNECTED WITH DEVELOPER'S ACTS
OR OBLIGATIONS UNDER THIS AGREEMENT OR THE
DEVELOPER'S FAILURE TO COMPLY WITH ANY FEDERAL,
STATE OR LOCAL STATUTE, ORDINANCE OR REGULATION.
11. Binding Effect. This Agreement shall be binding on and inure to the benefit
of the Parties, their respective successors and assigns.
12. Notice. Any notice and or statement required or permitted to be delivered in
connection with this Agreement must be in writing, and delivered (i) in
person, (ii) by facsimile (with the original and a copy of the facsimile
confirmation following in the United States mail), (iii) by email with read
receipt (with the original and a copy of the email following in the United
States mail), (iv) by courier or overnight delivery service, or (v) by certified
mail, return receipt requested. If such notice is given in person, by facsimile
transmission, or by email such notice will be deemed to have been given
when received or transmitted. If such notice is given by courier or overnight
delivery service, such notice will be deemed received upon receipt or refusal
to accept such notice. If such notice is given by certified mail, return receipt
requested, such notice will be deemed received 3 days after a certified letter
containing such notice, properly addressed with postage prepaid, is deposited
in the United States mail. Notice will go to the parties at the following
addresses:
Developer: Texas Star Cove LP
218 West Wall Street
Grapevine, Texas 76051
Attn: Robert Betancur
Cell (214) 385 -8021 Fax(817)421-6910
Email: rbetancur @zenaland.com
with copies to: Zena Land Development LP
218 West Wall Street
Grapevine, Texas 76051
Attn: Michelle Weber
Phone (817) 873 -0516 Fax (817) 421 -6910
Email: mweber(- zenaland.com
City: City of Euless
Attention: City Manager Gary McKamie
201 N. Ector Dr.
Euless, Texas 76039
Phone (817) 685 -1826 - Fax (817) 685 -1416
Email: gmckamie @eulesstx.gov
with copies to: City Attorney
Taylor, Olson, Adkins, Sralla & Elam, L.L.P.
6000 Western Place, Suite 200
Fort Worth, Texas 76107
Phone (817)332 -2580 Fax (817) 332 -4740
Email: wolson a toase.com
Either Party may designate a different address at any time upon written notice to the
other Party.
13. Interpretation. Each of the Parties has been represented by counsel of their
choosing in the negotiation and preparation of this Agreement. Regardless of
which Party prepared the initial draft of this Agreement, this Agreement shall,
in the event of any dispute, however its meaning or application, be interpreted
fairly and reasonably and neither more strongly for or against any Party.
14. Applicable Law. This Agreement is made, and shall be construed and
interpreted, under the laws of the State of Texas and venue shall lie in Tarrant
County, Texas.
15. Severability. In the event any provisions of this Agreement are illegal,
invalid or unenforceable under present or future laws, and in that event, it is
the intention of the Parties that the remainder of this Agreement shall not be
affected.
16. Paragraph Headings. The paragraph headings contained in this Agreement
are for convenience only and will in no way enlarge or limit the scope or
meaning of the various and several paragraphs.
17. No Joint Venture. It is acknowledged and agreed by the Parties that the
terms of this Agreement are not intended to and shall not be deemed to create
any partnership or joint venture among the Parties. The City, its past and
future officers, elected officials, employees and agents do not assume any
responsibilities or liabilities to any third party in connection with the
development of the Property.
18. Exhibits. The Exhibits attached hereto are incorporated by reference for all
purposes.
19. Assignment. The Parties hereby agree that Developer may assign this
Agreement and all liabilities and obligations set forth herein with prior
written notice to the City Manager of the City of Euless. Upon assignment,
the assignee shall assume all obligations and liabilities set forth herein and
Developer, including his agents and representatives, shall be relieved of all
liability and all obligations under this Agreement.
20. Entire Agreement. This Agreement embodies the entire agreement between
the Parties and shall not be amended or varied without the express written
authorization and agreement of both Parties. In executing this Agreement, the
Parties hereby agree and acknowledge that this Agreement is executed solely
in reliance upon the express terms and conditions set forth in this Agreement.
21. Multiple Counterparts. This Agreement may be executed in two (2) or
more counterparts, each of which shall be deemed an original.
22. Covenant Running with Land. This Agreement or a memorandum of
agreement approved by the Parties shall be recorded in the deed records of
Tarrant County, Texas. This Agreement binds and constitutes a covenant
running with the Property. This Agreement, when recorded, shall be binding
upon the Property and upon the Parties and their successors and assigns as
permitted by this Agreement.
23. Duty to Notify Subsequent Purchasers. Prior to Developer's conveyance of
any portion of the Property, Developer agrees to provide written notification
to all its grantees that the Property is subject to this Agreement which is a real
covenant running with the land, and Developer further agrees that it will be
liable to its grantees for all damages resulting from its failure to notify.
24. Defaults and Remedies. If a Party is in default in the performance of any
obligation of this Agreement, the other Party shall provide written notice of
the default, and a minimum period of thirty (30) days to cure such default,
prior to instituting an action for breach or pursuing any other remedy for
default; provided, however, that any default by Developer pertaining to
construction related activities on the Golf Course must be cured immediately
or within the time period provided by the City. If the defaulting Party fails to
cure the default within the cure period stated in the written notice, the
aggrieved Party may, at its option and without prejudice to any other right or
remedy under this Agreement, seek any relief available at law or in equity,
including but not limited to, actions for specific performance.
25. Developer agrees to notify the City if the lot numbers or dimensions of any of
the lots adjacent to the Golf Course as shown on Exhibit A -2 are modified
prior to the recording of the final plat for the Property, and the Parties further
agree to amend this Agreement as necessary to comply with the intent of the
fencing requirements in Section 1.
AGREED d S
City of Euless, e
By:
G cKamie
Its: City Manager
STATE OF TEXAS
COUNTY OF TARRANT
as of this tz�y of 2011.
This instrument was acknowledged before me on theme day of o 1/ 2011 by
Gary L. McKamie of the City of Euless, Texas on behalf of said Citx.
KIM BUTTER
E Notary Public, Statio of Texas
e-49 My Commiaelon Expiros
AUgwt 26, 2013
State of Texas
Name printed or typed
Commission Expires: -,:�3 S- -�-03
10
(Intentionally Left Blank)
Texas Star Cove LP,
By: Star Cove L , ' General Partner
By:
ert etancur
Its: V ce President
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the 14 day of &0- . , 2011 by
Robert Betancur, as Vice President for Star Cove LLC, General Partner for Texas Star Cove
LP on behalf of said partnership.
- J-�-4�4 z X
otary c, State of Texas
Name printed or typed
Commission Expires:
11
EXHIBIT A -1
LEGAL DESCRIPTION
17.676 ACRES
BEING A 17.676 ACRE TRACT OF LAND SITUATED IN THE G.W. COUCH SURVEY, ABSTRACT NO. 278,
IN THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF A CALLED
17.70 ACRE TRACT OF LAND DESCRIBED IN A SPECIAL WARRANTY DEED TO TEXAS STAR COVE,
L.P., AS RECORDED IN COUNTY CLERK'S FILE NO. D211156921, OFFICIAL PUBLIC RECORDS,
TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 1, BLOCK A OF THE DALLAS AUTO AUCTION
PARKING ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, AS RECORDED IN CABINET A,
SLIDE 8181, PLAT RECORDS, TARRANT COUNTY, TEXAS AND THE NORTHEAST CORNER OF A
TRACT OF LAND CONVEYED TO MIDWAY INDUSTRIAL TRUST, BY DEED RECORDED IN
DOCUMENT NO. D199008713, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS, SAID POINT
BEING ON THE SOUTH RIGHT -OF -WAY LINE OF TRINITY BOULEVARD (A VARIABLE WIDTH RIGHT -
OF -WAY);
THENCE, SOUTH 00 DEGREES 07 MINUTES 01 SECONDS EAST, ALONG THE WEST LINE OF SAID LOT
1, BLOCK A, AND THE COMMON EAST LINES OF SAID MIDWAY INDUSTRIAL TRUST TRACT, AND A
TRACT OF LAND CONVEYED TO ROSS H. SMITH, AS RECORDED IN VOLUME 9759, PAGE 528, DEED
RECORDS, TARRANT COUNTY, TEXAS, A DISTANCE OF 758.31 FEET TO A 5/8 INCH IRON ROD WITH
A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR THE POINT OF BEGINNING AND THE
NORTHEAST CORNER OF SAID 17.70 ACRE TRACT, AND THE COMMON SOUTHEAST CORNER OF
SAID ROSS H. SMITH TRACT;
THENCE, SOUTH 00 DEGREES 07 MTNLTTES 01 SECONDS EAST, ALONG THE EAST LINE OF SAID 17.70
ACRE TRACT AND THE COMMON WEST LINE OF SAID LOT 1, BLOCK A, PASSING AT A DISTANCE
OF 394.13 FEET, THE SOUTHWEST CORNER OF SAID LOT 1, BLOCK A AND THE NORTHWEST
CORNER OF A CALLED 13,191 SQUARE FOOT TRACT OF LAND CONVEYED AS "TRACT 2" TO THE
CITY OF EULESS, AS RECORDED IN VOLUME 14051, PAGE 567, OFFICIAL PUBLIC RECORDS,
TARRANT COUNTY, TEXAS, CONTINUING ALONG THE EAST LINE OF SAID 17.70 ACRE TRACT AND
THE COMMON WEST LINE OF SAID TRACT 2, IN ALL A TOTAL DISTANCE OF 419.13 FEET TO A 5/8
INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR THE SOUTHEAST
CORNER OF SAID 17.70 ACRE TRACT AND THE SOUTHWEST CORNER OF SAID TRACT 2, SAID POINT
ALSO BEING ON THE NORTH LINE OF A TRACT OF LAND CONVEYED TO THE CITY OF EULESS, AS
RECORDED IN VOLUME 11966, PAGE 1137, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS,
FROM WHICH A 1/2 INCH IRON ROD FOUND BEARS SOUTH 27 DEGREES 21 MINUTES 05 SECONDS
EAST, A DISTANCE OF 1.44 FEET;
THENCE, SOUTH 89 DEGREES 36 MINUTES 58 SECONDS WEST, ALONG THE SOUTH LINE OF SAID
17.70 ACRE TRACT AND THE COMMON NORTH LINE OF SAID CITY OF EULESS TRACT, A DISTANCE
OF 933.62 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET
FOR THE SOUTHWEST CORNER OF SAID 17.70 ACRE TRACT;
THENCE, NORTH 40 DEGREES 41 MINUTES 46 SECONDS WEST, ALONG THE WEST LINE OF SAID
17.70 ACRE TRACT, A DISTANCE OF 477.68 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC
CAP STAMPED "JACOBS" SET;
THENCE, DEPARTING THE WEST LINE OF SAID 17.70 ACRE TRACT NORTH 29 DEGREES 55 MINUTES
55 SECONDS WEST, A DISTANCE OF 105.00 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW
PLASTIC CAP STAMPED "JACOBS" SET, SAID POINT ALSO BEING ON THE SOUTH RIGHT -OF -WAY
LINE OF SAID TRINITY BOULEVARD AND THE NORTHERLY LINE OF SAID 17.70 ACRE TRACT;
THENCE, ALONG THE NORTH LINE OF SAID 17.70 ACRE TRACT AND THE COMMON SOUTH RIGHT -
OF -WAY LINE OF SAID TRINITY BOULEVARD, THE FOLLOWING COURSES AND DISTANCES:
NORTH 60 DEGREES 36 MINUTES 58 SECONDS EAST, A DISTANCE OF 104.82 FEET TO A 5/8 INCH
IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER;
NORTH 71 DEGREES 07 MINUTES 50 SECONDS EAST, A DISTANCE OF 66.73 FEET TO A 1/2 INCH IRON
ROD WITH A YELLOW PLASTIC CAP STAMPED "PATE" FOUND FOR CORNER;
NORTH 60 DEGREES 36 MINUTES 58 SECONDS EAST, A DISTANCE OF 411.04 FEET TO A 5/8 INCH
IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER;
NORTH 60 DEGREES 38 MINUTES 58 SECONDS EAST, A DISTANCE OF 48.28 FEET TO A 5/8 INCH IRON
ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER;
NORTH 63 DEGREES 28 MINUTES 42 SECONDS EAST, A DISTANCE OF 65.70 FEET TO A 5/8 INCH IRON
ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER;
NORTH 60 DEGREES 36 MINUTES 58 SECONDS EAST, A DISTANCE OF 190.18 FEET TO A 5/8 INCH
IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR THE NORTHEAST CORNER
OF SAID 17.70 ACRE TRACT;
THENCE, SOUTH 49 DEGREES 03 MINUTES 41 SECONDS EAST, ALONG THE NORTHEAST LINE OF
SAID 17.7068 ACRE TRACT AND A COMMON SOUTHWEST LINE OF AFOREMENTIONED ROSS H.
SMITH TRACT, A DISTANCE OF 684.91 FEET TO THE POINT OF BEGINNING, AND CONTAINING 17.676
ACRES OF LAND, MORE OR LESS.
EXHIBIT A-2
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EXHIBIT B
Sanitary Sewer Easement
(Remainder of this page intentionally left blank)
14
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT §
CITY OF FORT WORTH
PERMANENT SEWER LINE EASEMENT
AND TEMPORARY CONSTRUCTION EASEMENT
DATE:
GRANTOR: CITY OF EULESS, TEXAS
GRANTOR'S MAILING ADDRESS (including County):
201 NORTH ECTOR DRIVE
EULESS, TARRANT COUNTY, TX 76179
GRANTEE: CITY OF FORT WORTH
GRANTEE'S MAILING ADDRESS (including County):
1000 THROCKMORTON ST.
FORT WORTH, TARRANT COUNTY, TX 76102
CONSIDERATION: One Dollar ($1.00) and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged.
PROPERTY: LEGAL DESCRIPTION (See attached Exhibits "A" and "B ")
Grantor, for the consideration paid to Grantor and other good and valuable consideration,
hereby grants, sells, and conveys to Grantee, its successors and assigns, an exclusive,
perpetual easement for the construction, operation, maintenance, replacement, upgrade, and
repair of a Permanent Sewer Line Facility, hereafter referred to as "Facility ". The Facility
includes all incidental underground and aboveground attachments, equipment and
appurtenances, including, but not limited to manholes, manhole vents, lateral line connections,
pipelines, junction boxes in, upon, under and across a portion of the property and more fully
described in Exhibit "A° attached hereto and incorporated herein for all pertinent purposes,
together with the right and privilege at any and all times to enter property, or any part thereof, for
the purpose of constructing, operating, maintaining, replacing, upgrading, and repairing said
Permanent Sewer Line Easement
& Temporary Construction Easement
RP /CG 07/04
Facility, and a temporary construction easement, As described in Exhibit "B ", attached hereto
and made a part hereof, to use in connection with the construction of said Facility, said
temporary construction easement to expire upon completion of construction and acceptance by
Grantee of said Facility.
In no event shall Grantor (1) use the Property in any manner which interferes in any material way
or is inconsistent with the rights granted hereunder, or (II) erect or permit to be erected a
permanent structure or building, including, but not limited to, monument sign, pole sign,
billboard, brick or masonry fences or walls or other structures that require a building permit.
However, Grantor shall be permitted to maintain any existing concrete driveway or road on the
Property. Grantee shall be obligated to restore the surface of the property at Grantee's sole
cost and expense, including the restoration of any sidewalks, driveways, or similar surface
improvements located upon or adjacent to the Easement which may have been removed,
relocated, altered, damaged, or destroyed as a result of the Grantee's use of the easement
granted hereunder. Provided, however, that Grantee shall not be obligated to restore or replace
irrigation systems or other improvements installed in violation of the provisions and intended use
of this Easement.
TO HAVE AND TO HOLD the above - described permanent easement, together with all and
singular the rights and appurtenances thereto in anyway belonging unto Grantee, and Grantee's
successors and assigns forever; and Grantor does hereby bind itself and its successor and
assigns to warrant and forever defend all and singular the easement unto Grantee, its
successor and assigns, against every person whomsoever lawfully claiming or to claim the
same, or any part thereof.
TO HAVE AND TO HOLD the above described temporary construction easement, together with,
all and singular, the rights and appurtenances thereto in anyway belonging unto Grantee, and
Grantee's successors and assigns until the completion of construction and acceptance by
Grantee. Grantor hereby bind themselves, their heirs, successors, and assigns, to warrant and
defend, all and singular, said easement unto Grantee, its successors and assigns, against every
person whomsoever lawfully claiming or to claim the same, or any part thereof.
When the context requires, singular nouns and pronouns include the plural.
GRANTOR: City of Euless
Mary Lib Saleh, Mayor
GRANTEE: City of Fort Worth
Fernando Costa,
Assistant City Manager
Permanent Sewer Line Easement
& Temporary Construction Easement
RP /CG 07/04
ACKNOWLEDGEMENT
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 , known to me to be the
same person whose name is subscribed to the foregoing instrument, and acknowledged to me
that the same was the act of and that he /she executed
the same as the act of said for the purposes
and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
20
Notary Public in and for the State of Texas
ACKNOWLEDGEMENT
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 , known to me to be the
same person whose name is subscribed to the foregoing instrument, and acknowledged to me
that the same was the act of and that he /she executed
the same as the act of said for the purposes
and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
,20
Permanent Sewer Line Easement
& Temporary Construction Easement
RP /CG 07/04
Notary Public in and for the State of Texas
EXHIBIT A
LEGAL DESCRIPTION
35' SANITARY SEWER EASEMENT
0.321 ACRES
BEING A 0.321 ACRE TRACT OF LAND SITUATED IN THE G.W. COUCH SURVEY, ABSTRACT
NO. 278, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, AND BEING PART OF A TWO
TRACTS OF LAND CONVEYED TO THE CITY OF EULESS, AS RECORDED IN VOLUME 11966,
PAGE 1137 AND VOLUME 12123, PAGE 1182, OFFICIAL PUBLIC RECORDS, TARRANT
COUNTY, TEXAS. SAID 0.321 ACRE TRACT, WITH REFERENCE BEARING BEING THE WEST
LINE OF A TRACT OF LAND CONVEYED TO TEXAS STAR COVE, L.P., AS RECORDED IN
COUNTY CLERK'S FILE NO. D211156921, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY,
TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT A 518 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS"
SET FOR THE NORTHWEST CORNER OF SAID TEXAS STAR COVE, L.P., SAID POINT BEING
ON THE SOUTH RIGHT -OF -WAY LINE OF TRINITY BOULEVARD (A VARIABLE WIDTH
RIGHT -OF -WAY);
THENCE, SOUTH 40 DEGREES 41 MINUTES 46 SECONDS EAST, ALONG THE WEST LINE OF
SAID TEXAS STAR COVE, L.P. TRACT, A DISTANCE OF 451.29 FEET TO THE POINT OF
BEGINNING;
THENCE, SOUTH 40 DEGREES 41 MINUTES 46 SECONDS EAST, CONTINUING ALONG THE
WEST LINE OF SAID TEXAS STAR COVE, L.P. TRACT, A DISTANCE OF 35.73 FEET TO A POINT
FOR CORNER, FROM WHICH A 518 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"JACOBS" SET FOR THE SOUTHWEST CORNER OF SAID TEXAS STAR COVE, L.P., BEARS
SOUTH 40 DEGREES 41 MINUTES 46 SECONDS EAST, A DISTANCE OF 97.74 FEET;
THENCE, OVER AND ACROSS SAID CITY OF EULESS TRACTS, THE FOLLOWING COURSES
AND DISTANCES:
SOUTH 60 DEGREES 54 MINUTES 51 SECONDS WEST, A DISTANCE OF 403.60 FEET TO
A POINT FOR CORNER;
NORTH 29 DEGREES 05 MINUTES 09 SECONDS WEST, A DISTANCE OF 35.00 FEET TO
A POINT FOR CORNER;
NORTH 60 DEGREES 54 MINUTES 51 SECONDS EAST, A DISTANCE OF 396.41 FEET TO
THE POINT OF BEGINNING AND CONTAINING 0.321 ACRES OF LAND, MORE OR
LESS.
A PARCEL PLAT OF EQUAL DATE HEREWITH ACCOMPANIES THIS PROPERTY
Michael J. Baitup, R.Pt.S. I
`
Registered Professional Land Surveyor
Texas Registration No. 4574
Jacobs Engineering Group, Inc.
.� E ••� F •• TF.
7950 Elmbrook Dr
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Dallas, Texas 75429
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214 -638 -0145
.............................
MICHAEL J. BAIIUP
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Page 1 of 2
lop
0
POINT OF-W
COMMENCING
SvgvE8 ,
G W �gACT 140. 27
ASST
LINE
BEARING
DISTANCE
L1
S 40'41'46 E
35.73'
L2
N 29'05 09" W
35.00
L3
S 40-41'46* E
97.74
a
TRACT A4 u J vi
5.025 ACRES
CITY OF EULESS
VOL. 12123, PG. 1182
O.P.R.T.C.T.
TEXAS STAR
GOLF COURSE
35'
0
SCALE IN FEET
1" -100'
TEXAS STAR COVE, L.P.
C.C.# D211156921
O.P.R.T.C.T.
CITY OF EULESS
VOL. 11966, PG. 1137
O.P.R.T.C.T.
POINT OF
BEGINNING
L1
H23
��'. OF•• TF
....................::..
•MICHAEL J. BAITUP
..% .....................s ..
A 4574
e :.*0FE s s ►o� -off
N6 SURgS.
CIRS 5/8 INCH IRON
ROD WITH A YELLOW
PLASTIC CAP STAMPED "JACOBS' SET
O.P.R.T.C.T. OFFICIAL PUBLIC
RECORDS, TARRANT
COUNTY, TEXAS
REFERENCE BEARING IS THE WEST UNE OF THE TRACT OF LAND CONVEYED TO TEXAS STAR COVE, LP., AS RECORDED IN
COUNTY CLERIC'S FILE NO. D21115W21, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS, PLAT RECORDS. TARRANT COUNTY.
DAM- 11f1'"
EXHIBIT A
SHEET
35' SANITARY
JA BS~
�: 1' -100'
2 OF 2
SEWER EASEMENT
OUT OF THE
G.W. COUCH SURVEY. ABSTRACT NO. 278
THE (TTY OF FT. WORTH. TARRANT COUNTY. Toug
7950 ELMBROOK DRIVE DALLAS, TX 75247 -4961
PHONE 214 -038 -0145 FAX 214 -636 -0447
ORAww Br: sco
CHEC T) BY: M.J.B.
J:\JOB \WFXL3700- Texstar \700 CADD\713 Survey\713.5 Easement \WFXL3700IX01.dwg
EXHIBIT B
LEGAL DESCRIPTION
35' TEMPORARY CONSTRUCTION EASEMENT
0.321 ACRES
BEING A 0.321 ACRE TRACT OF LAND SITUATED IN THE G.W. COUCH SURVEY, ABSTRACT
NO. 278, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, AND BEING PART OF A TWO
TRACTS OF LAND CONVEYED TO THE CITY OF EULESS, AS RECORDED IN VOLUME 11966,
PAGE 1137 AND VOLUME 12123, PAGE 1182, OFFICIAL PUBLIC RECORDS, TARRANT
COUNTY, TEXAS. SAID 0.321 ACRE TRACT, WITH REFERENCE BEARING BEING THE WEST
LINE OF A TRACT OF LAND CONVEYED TO TEXAS STAR COVE, L.P., AS RECORDED IN
COUNTY CLERK'S FILE NO. D211156921, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY,
TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT A 518 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS"
SET FOR THE NORTHWEST CORNER OF SAID TEXAS STAR COVE, L.P., SAID POINT BEING
ON THE SOUTH RIGHT -OF -WAY LINE OF TRINITY BOULEVARD (A VARIABLE WIDTH
RIGHT -OF -WAY);
THENCE, SOUTH 40 DEGREES 41 MINUTES 46 SECONDS EAST, ALONG THE WEST LINE OF
SAID TEXAS STAR COVE, L.P. TRACT, A DISTANCE OF 451.29 FEET TO THE POINT OF
BEGINNING;
THENCE, SOUTH 40 DEGREES 41 MINUTES 46 SECONDS EAST, CONTINUING ALONG THE
WEST LINE OF SAID TEXAS STAR COVE, L.P. TRACT, A DISTANCE OF 35.73 FEET TO A POINT
FOR CORNER, FROM WHICH A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"JACOBS" SET FOR THE SOUTHWEST CORNER OF SAID TEXAS STAR COVE, L.P., BEARS
SOUTH 40 DEGREES 41 MINUTES 46 SECONDS EAST, A DISTANCE OF 97.74 FEET;
THENCE, OVER AND ACROSS SAID CITY OF EULESS TRACTS, THE FOLLOWING COURSES
AND DISTANCES:
SOUTH 60 DEGREES 54 MINUTES 51 SECONDS WEST, A DISTANCE OF 403.60 FEET TO
A POINT FOR CORNER;
NORTH 29 DEGREES 05 MINUTES 09 SECONDS WEST, A DISTANCE OF 35.00 FEET TO
A POINT FOR CORNER;
NORTH 60 DEGREES 54 MINUTES 51 SECONDS EAST, A DISTANCE OF 396.41 FEET TO
THE POINT OF BEGINNING AND CONTAINING 0.321. ACRES OF LAND, MORE OR
LESS.
A PARCEL PLAT OF EQUAL DATE HEREWITH ACCOMPANIES THIS PROPERTY
11/17/11
Michael J. Baitul', R.P.L.S.
Registered Professional Land Surveyor
Texas Registration No. 4574
Jacobs Engineering Group, Inc.
�E ••0 F•,•TE.
7950 Elmbrook Dr
%S?fq' •.-{-
Dallas, Texas 75429
214 -638 -0145
... ..... „.......... „..;...
MICHAEL J. BAITUP
.., ...................... :...
A 4574 ;s
%0 5 5 O;:•�Q-
,q •. 1
•S
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Page I of 2
eo J x'01
�G
0 /
rte:
POINT OF
COMMENCING
SURV�g ,
G COUCT No 27
,psTO
LINE
BEARING
DISTANCE
L1
S 40'41 46 E
35.73
L2
N 29'05109 W
35.00
L3
S 40'41 46" E
97.74
r�L
r�
G
TRACT A4 l.J 410
5.025 ACRES
CITY OF EULESS
VOL. 12123, PG. 1182
O.P.R.T.C.T.
TEXAS STAR
GOLF COURSE
SCALE IN FEET
l" = 100'
TEXAS STAR COVE, L.P.
C.C.# D21 1 1 56921
O.P.R.T.C.T.
POINT OF
BEGINNING
L1
REFERENCE BEARING IS THE WEST LINE OF THE TRACT OF LAND CONVEYED TO TEXAS STAR COVE, L.P., AS RECORDED IN v
COUNTY CLEWS FILE NO. D211156921, OFFICIAL PUBLIC RECORDS. TARRANT COUNTY. TEXAS, PLAT RECORDS, TARRANT COUNTY, TEXAS.
DAM 11'17'11 EXHIBIT B
SHEET SOME- 1• - tar 35' TEMPORARY JAiC�BS�
Dmm �Y: ��0. CONSTRUCTION EASEMENT 7950 EIAMOOK DRIVE DALLAS, rX 75247 -4961
2 OF 2 OUT OF THE PHONE 214 -838 -0145 FAX 214 -638 -0447
WEDGED 8f. M.l.& G.W. COUCH SURVEY. ABSTRACT NO. TM
THE CITY OF FT. WORTH. TARRANT COUNTY. TEXAS
1_\106 \WFXL3700- Texstar\700 CADD \713 Survey \713.5 Easement \WFXL3700EXO1T.dwg
CIRS
ti
35'
CITY
OF EULESS
gE..OF.,,rF
VOL.
11966, PG. 1137
�Qo;�o` s T>; i +
°
L2
O.P.R.T.C.T.
`�;.� *6
.........................:..
MICHAEL J. BAITUP
..y .......... . ........ ...,...
4574
LEGEND
�0
NOFS
CIRS 5/8 INCH IRON ROD WITH A YELLOW
U R�
PLASTIC CAP STAMPED "JACOBS* SET
O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS, TARRANT
COUNTY, TEXAS
REFERENCE BEARING IS THE WEST LINE OF THE TRACT OF LAND CONVEYED TO TEXAS STAR COVE, L.P., AS RECORDED IN v
COUNTY CLEWS FILE NO. D211156921, OFFICIAL PUBLIC RECORDS. TARRANT COUNTY. TEXAS, PLAT RECORDS, TARRANT COUNTY, TEXAS.
DAM 11'17'11 EXHIBIT B
SHEET SOME- 1• - tar 35' TEMPORARY JAiC�BS�
Dmm �Y: ��0. CONSTRUCTION EASEMENT 7950 EIAMOOK DRIVE DALLAS, rX 75247 -4961
2 OF 2 OUT OF THE PHONE 214 -838 -0145 FAX 214 -638 -0447
WEDGED 8f. M.l.& G.W. COUCH SURVEY. ABSTRACT NO. TM
THE CITY OF FT. WORTH. TARRANT COUNTY. TEXAS
1_\106 \WFXL3700- Texstar\700 CADD \713 Survey \713.5 Easement \WFXL3700EXO1T.dwg
EXHIBIT C
TRA Manhole
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EXHIBIT D
Landscape Area
Agreed Material List
uanti Description
16 3" — 4" caliper Canopy Trees (Red Oak, Live Oak, Bur Oak, etc... )
10 1.5" — 2" caliper Under Story Trees (Red Bud, Dogwood, etc...)
2,820 sq. ft. Native Shrubs and Grasses (1 — 3 Gallon) *
The Parties agree that Developer shall not be required to expend more than $2,700
for native shrubs and grasses
16
EXHIBIT "E"
LEGAL DESCRIPTION OF
0.024 ACRES OF LAND
BEING A TRACT OF LAND SITUATED IN THE G.W. COUCH SURVEY, ABSTRACT NUMBER
278, CITY OF FORT WORTH, TEXAS, AND BEING A PORTION OF THAT TRACT OF LAND
DESCRIBED BY DEED TO TEXAS STAR COVE, L.P. AS RECORDED IN INSTRUMENT
NUMBER D211156921, COUNTY RECORDS, TARRANT COUNTY, TEXAS AND BEING
DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND 1/2 INCH IRON ROD WITH PLASTIC CAP STAMPED "PATE" ON
THE COMMON SOUTHERLY RIGHT -OF -WAY LINE OF TRINITY BOULEVARD (A VARIABLE
WIDTH RIGHT -OF -WAY), AND THE NORTHERLY LINE OF SAID TEXAS STAR COVE, L.P.
TRACT;
THENCE SOUTH 71007'50" WEST, ALONG SAID COMMON LINE A DISTANCE OF 66.73 FEET;
THENCE SOUTH 60 036'58" WEST, CONTINUING ALONG SAID COMMON LINE A DISTANCE
OF 104.82 FEET TO A SET 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "JACOBS" PER
CITY OF FORT WORTH PLAT CASE FPO 1 1 -043, SAME BEING THE POINT OF BEGINNING;
THENCE DEPARTING SAID COMMON LINE, SOUTH 29 °55'55" EAST, A DISTANCE OF 105.00
FEET TO A SET 518 INCH IRON ROD WITH PLASTIC CAP STAMPED "JACOBS" PER CITY OF
FORT WORTH PLAT CASE FPO 11-043, SAME BEING ON THE SOUTHWESTERLY LINE OF
SAID TEXAS STAR COVE, L.P. TRACT;
THENCE NORTH 40 °41'46" WEST, ALONG SAID SOUTHWESTERLY LINE A DISTANCE OF
107.08 FEET TO THE WESTERLY CORNER OF SAID TEXAS STAR COVE, L.P. TRACT, SAME
BEING ON THE AFOREMENTIONED SOUTHERLY RIGHT -OF -WAY LINE OF TRINITY
BOULEVARD;
THENCE NORTH 60 036'58" EAST, ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE AND THE
NORTHERLY LINE OF SAID TEXAS STAR COVE, L.P. TRACT A DISTANCE OF 20.00 FEET TO
THE POINT OF BEGINNING, AS SHOWN ON AN EXHIBIT ATTACHED HERETO AND MADE
A PART HEREOF.
CONTAINING 0.024 ACRES OR 1,045 SQUARE FEET OF LAND, MORE OR LESS.
BASIS OF BEARING: SOUTH 60 °36'58" WEST, BEING THE NORTHERLY LINE OF THAT
TRACT OF LAND DESCRIBED BY DEED TO TEXAS STAR COVE, L.P. AS RECORDED IN
INSTRUMENT NUMBER D211156921, COUNTY RECORDS, TARRANT COUNTY, TEXAS.
JACOBS
777 MAIN STREET
FORT WORTH, TEXAS 76102
Jacobs Job No. WFXL3700
FW55W December 06, 2011
J:UOBIWFXL3700- Texstar1600 DISCIPLINE1613 Survey1613.7 Legal DescriptionsU,3700_EX3.doc Page I of 2
BASIS OF BEARING SOUTH 60036' 58" WEST, BEING THE
NORTHERLY LINE OF THAT TRACT OF LAND DESCRIBED BY
DEED TO TEXAS STAR COVE, L. P. AS RECORDED IN
INSTRUMENT NUMBER D21 1156921, COUNTY RECORDS,
TARRANT COUNT, TEXAS.
,O
F4,41
0 50 100
GRAPHIC SCALE IN FEET
POINT OF
COMMENCING
FOUND
WITH PLASTIC ROD CAP
POINT OF �" 66• STAMPED
BEGINNING 4 i' "PATE'
N600 36' 58" E
20. 00'
o'�rO /2
i SET 5/8" IRON ROD
WITH PLASTIC CAP
STAMPED "JACOBS"
PER PROPOSED PLAT
O� �o CASE FP011 -043
O
�o 9 °s
°°
s F
\ TEXAS STAR COVE,
L. P.
� 1- CCF #D21 1156921
°s
C. R. T. C. T.
CITY OF EULESS \ TEXSTAR COVE ADDITION
VOL. 12123, PG. 1 182 \ CASE: FP01 1 -043
C. R.T °C.T
\ (PROPOSED)
EXHIBIT Ei
0.024 ACRES OF LAND
SITUATED IN THE G.W. COUCH SURVEY, ABSTAC
NUMBER 278, CITY OF FORT WORTH,
'BSS TARRANT COUNTY, TEXAS SHT. NO.
76102 JOB #WFXL3700 DATE:11- 23- 1DRAWN:DLF CHECKED:CDW 1 OF 2
J� \JOB\M'FXL3700- Texet� M
\700 CA Sur.ty \713.6 oDDinq\L3f0U_LX3.0gn
12/6/2011 557.43 PM