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Home My WebLink AboutContract 45581 (2)Projects. Parcel #: Doe #: 1 �98 Address• Lot: Block: Addition: STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS CITY OF FORT WORTH PEDESTRIAN ACCESS EASEMENT DATE: ITV C \ \ WD 52014 GRANTOR: HILLWOOD MULTIFAMILY LAND, LP. GRANTOR'S MAILING ADDRESS (including County): GRANTEE: 13600 HERITAGE PARKWAY, SUITE 200 FORT WORTH, TX 76177 CITY OF FORT WORTH GRANTEE'S MAILING ADDRESS (including County): 1000 THROCKMORTON STREET FORT WORTH, TARRANT COUNTY, TX 76102 CONSIDERATION: Ten Dollar ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Property: Being a tract of land situated in the McCowen Survey, Abstract Number 999, City of Fort Worth, Tarrant County, Texas, being a portion of Lot 1X, Block 1, Alliance Town Center North, and m addition to the City of Fort Worth recorded in Instrument Number D213296120, County m Records, Tarrant County, Texas, and being more particularly described in attached "Exhibit A". rn o OFFICIAL- RECORD CITY SECRETARY °,�° FT, WOit TX PermanentPedes tria nA cces s Easement 6382-ppae-hmfl-cofiv Page 1 PEDESTRIAN ACCESS EASEMENT This PEDESTRIAN ACCESS EASEMENT AGREEMENT (this "Agreement") is entered into as of the 3 day Of 2014, between Hillwood Multifamily Land, LP., a Texas limited partnership ("Gran or"), and the City of Fort Worth, Texas, a municipal corporation of Tarrant County, Texas ("Grantee"). For and in consideration of 510.00 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in consideration of the mutual covenants contained herein, Grantor and Grantee agree as follows: 1. Grant of Easement. Subject to the terms and conditions of this Agreement, Grantor hereby grants and conveys to Grantee an easement (the ''Easement") over, under and across the property described in Exhibit "A" attached hereto (the "Easement Tract"). This grant and conveyance is made subject to all matters of record affecting the Easement Tract as of the date shown above. 2. Purpose of Easement. The Easement shall only be used for the purpose of providing public pedestrian and non -motorized vehicle ingress and egress to all property that is adjacent to the Easement Tract. 3. Permitted Assignment. Except as provided in this Paragraph 3, Grantee shall not convey, transfer, pledge, encumber or assign any of its rights under this Agreement without the prior written consent of Grantor. Notwithstanding the foregoing, however, Grantee may assign all or any of its rights under this Agreement without the consent of Grantor provided that all of the following conditions are satisfied: (a) the assignee must be an entity acceptable to Grantor; (b) Grantee must give written notice of the assignment and franchise to Grantor; and (c) Grantee must deliver to Grantor a written agreement signed by the assignee in which the assignee agrees to be bound by all the terms and conditions of this Agreement. Any purported assignment that does not satisfy all of the foregoing conditions shall be void. Any permitted assignee of the rights of Grantee pursuant to this Paragraph 3 shall hereinafter be referred to as a 'Permitted Assignee." Grantor shall have the right to assign the Easement and this Agreement without the consent of Grantee or any Permitted Assignee; provided, however, such assignment(s) shall be limited to assignees that own fee simple title to the property burdened by the Easement. 4. Other Easements. Grantor reserves the right to grant other rights and easements across, over or under the Easement Tract to such other persons as Grantor deems proper, provided such other grants do not interfere with the use of the Easement by Grantee for the purposes set forth herein. 5. Relocation. Grantor reserves the right, at Grantor's expense, . to relocate the Easement or any of the Permitted Facilities (to locations inside or outside of the Easement Tract) provided Grantor executes and delivers to Grantee an easement agreement in the same form as this Agreement for the new location. 6. Repairs. Grantee shall repair any damage to the Easement Tract and surrounding property (including any improvements located thereon) resulting from Grantee's use thereof. T Prohibited Substances. Grantee shall not use the Easement Tract in a manner which violates any federal, state, or local law, regulation, rule or ordinance or which constitutes a public or private nuisance. Except for the normal use of fuels and lubricants (but excluding the PermanentPedes trianAccess Ea cement 6382-ppae-hmfl-cofw Page 2 storage of any such fuels or lubricants), Grantee shall not locate, place, generate, store, manufacture, use or dispose of on or about the Easement Tract any chemical, pollutant, toxic substance, hazardous material, waste or other substance that is the subject of any federal, state or local law, regulation, rule or ordinance pertaining to public health, safety or to the protection or conservation of the environment. 8. Intentionally Deleted, 9. Notices. All notices given pursuant to or in connection with this Agreement shall be in writing and shall be effective when deposited in the U.S. mail, postage prepaid, certified or registered delivery with return receipt requested or, if delivered by some other manner, when actually received. Notices to the parties shall be addressed as follows: To Grantor: To Grantee: Hillwood Multifamily Land, LP. 13600 Heritage Parkway, Suite 200 Fort Worth, TX 76177 Attention: L. Russell Laughlin The City of Fort Worth, Texas 1000 Throckmorton Street Fort Worth, TX 76102 Attention: Assistant City Manager From time to time a party may designate a new address for the purpose of receiving notices hereunder by giving notice of its new address to the other party in the manner provided above. 10. Limitation on Liability. Grantee shall only be liable under this Agreement for the acts, omissions, and breaches of Grantee and its officers, employees, duly authorized agents, duly authorized representatives, contractors, and subcontractors. Each Permitted Assignee shall only be liable under this Agreement for the acts, omissions, and breaches of its directors, officers, employees, agents, representatives, contractors, and subcontractors. For purposes of this paragraph, a Permitted Assignee shall not be deemed to be a contractor of Grantee solely because (i) such Permitted Assignee holds a public utility franchise from Grantee; (ii) Grantee participates in the cost of Permitted Facilities to be installed or constructed by such Permitted Assignee under contracts to be awarded by such Permitted Assignee; or (iii) Grantee approves plans and specifications for Permitted Facilities to be installed or constructed by such Permitted Assignee under contracts to be awarded by such Permitted Assignee. 11. Parties Bound. The rights, duties and obligations created by this Agreement shall constitute covenants running with the land, shall be binding on all subsequent owners of fee simple title in and to the Easement Tract, and shall be binding upon and inure to the benefit of Grantor, Grantee and their respective assignees as permitted by Paragraph 3 hereof. 12. Termination of Easement. The Easement shall automatically terminate upon incorporation of the Easement into dedicated road or street right -of --way (as evidenced by recordation of road or street right -of --way by the City of Fort Worth), or if the Easement Tract is not used for the purposes contained herein for a period of two years. TO HAVE AND TO HOLD the above -described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging, unto Grantee, its successors and permitted assigns, forever. Grantor does hereby bind itself, its successors and assigns, to warrant and forever defend, all and singular, the said premises, subject to all matters now of PermanentPedestrianAccessEasement 6382-ppae-hmfl-cofiv Page 3 By: Hillwood Multifamily Land GP, LLC, a Texas limited liability company, Senior Vice President record affecting said premises, unto Grantee, its successors and permitted assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise. EXECUTED to be effective as of the date first written above. GRANTOR: Hillwood Multifamily Land, LP., a Texas limited partnership ACCEPTED ON THE TERMS AND CONDITIONS CONTAINED HEREIN: By: W stani City Manager C THE STATE OF TEXAS § OUNTY OF TARRANT § 3 2014, by L. Russell Laughlin, Senior Vice President, of Hillwood Multifamily Lan GP, LLC, a Texas limited liability company, on behalf of said limited liability company, in its capacity as general partner of Hillwood Multifamily Land, L.P., a Texas limited partnership, on behalf of said limip; ted partnership,. This instrument was acknowledged before me on LORI L. BOWLING :- � _'" Notary Public, State of Texas ` ,��I.� My Commission Expires October 17, 2015 P erma nentPed estria nAcce ssFa semen[ 6382-ppae-hmfl-cofiv Page 4 ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § 44i-wood AV BEFORE ME, e undersigned authority, a Notary Public in and for the State of Texas, on this Jay personally appeare ernando Costa, Assistant City Manager of the City of Fort Worth, 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 City of Fort Worth and that he/she executed the same as the act of the City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of LINDA M, HIHRLINGER MY COMMISSION EXPIRES February2, 2018 GRANTEE'S ADDRESS: City of Fort Worth 1000 1 nrockmorton Fort Worth, TX 76102 Attention: Fernando Costa ICI State of Texas AFTER RECORDING, RETURN TO: City of Fort Worth 1000 Throckmorton Fort Worth, TX 76102 Attention: Fernando Costa WITH COPY TO: AAA ultifamily Land, LP. 13600 Heritage Parkway, Suite 200 Fort Worth, Texas 76177 Attention: L. Russell Laughlin Permanen tPede stri an AccessEasem en t 6382-ppae-hmfl-cofiv Page 5 EXHIBIT A" LEGAL DESCRIPTION OF A 5' PEDESTRIAN ACCESS EASEMENT BEING a tract of land situated in the WM. McCowen Survey, Abstract Number 999, City of Fort Worth, Tarrant County, Texas, being a portion of Lot 1 X, Block 1, Alliance Town Center North, an addition to the City of Fort Worth recorded in Instrument Number D213296120, County Records, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a 5/8 inch iron rod with plastic cap stamped "PELOTON" found at the northeast corner of said Lot 1 X, Block 1, being in the west right-of-way line of Hillwood Parkway (a variable width right -of --way) recorded in Instrument Number D213296120, said County Records, the beginning of a curve to the left, THENCE with said right-of-way line and said curve to the left, an arc distance of 358.44 feet, through a central angle of 40°16'08", having a radius of 510.00 feet, the long chord which bears S 19035'21"W, 351.11 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" found at the south corner of said Lot 1X, Block 1; THENCE N 00°32'43"W, 71.59 feet departing said right -of --way line with the west line of said Lot 1X, Block 1 to the beginning of a non -tangent curve to the right; THENCE departing said west Line with said non -tangent curve to the right, an arc distance of 285.99 feet, through a central angle of 31°49'04", having a radius of 515.00 feet, the long chord which bears N 23°21' 15"E, 282.33 feet to the north line of said Lot 1X, Block 1; THENCE EAST, 6.48 feet with said north line to the Point of Beginning and containing 1,552 square feet or 0.036 acres of land more or less. "Integral parts of this document" 1. Description 2, Exhibit Peloton Job No. HWATCNA01 Tracking No. ACF# 6382 ATCN March 27, 2014 G:UOB\HWATCN1001 ENT PLANNING\SUR\EASEMENTS\LEGALS\HWATCN_EA52.DOCX Page 1 of2 M BASIS OF BEARING IS THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD83 NORTH CENTRAL ZONE 4202. IRF • Iron Rod Found Hillwood Multifamily LOnd, L.P. INST.• D211298928 C.R.T.C.T. IRF EAST point of 6.48' ----------------------------C�3-------------------- IRF\ Beginning I � A 31° 4910411 I R 515.00' j L • 285.99' LC•N23° 21'15"E 282*33' I � Lot 1X, Block 1 i Alliance Town Center North Inst.r D213296124 I o 40° 16'08" �h R 510.00' C.R.T.C.T. ` Q L 358.44' `o LC•S19° 35'21"W j o 351.11' I � Lot 1 I @ Block 1 I ® Q I 1 N00° 32'43"W W TGOa f4. �31�id%GE�. 4g4v �: A a y� En "Integral 0O� o f �.F i 5 " "Integral parts of this document" 1. Description 2. Exhibit (� E L®TO N ''''' LAND SOLUTIONS 00 � A Cv 1 O °o0� 2�U ' x ° Hillwood Multifamily Land, L.P. I INST.* D211298928 j C.R.T.C.T. i 1 EXHIBIT "A" 5' PEDESTRIA�I� ACCESS EIASEMENT SITUATED IN THE WM. McCOWEN SURVEY, ABSTRACT NUMBER 999, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS qCF• 6382 J081t HWATGN.001 BY: D.FREEMON 1CHECKED BY: T.BRIDGES 1 DATE: 3-23-14 PAGE # 2 of 2