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HomeMy WebLinkAboutContract 45761 (2)Page 1 of 15 Mary Louise Garcia Forest ParkParkview Storm Drain Improvements Parcel # 01 DOE #5666 2000 N. Forest Park Blvd. & 2400 West Freeway Lots I & 2., Block 34R Edwards. heirs .Addition. Electronically Recorded Official Public Records Tarrant County 7/10/2014 3:26 PM D214146539 NT.DRAIIvAGE-'SENI { NW2.00 Submitter: XEROX COMMERCIAL SOLUTIONS CITY SECRETARY CONTRACT NO. CITY OF FORT WORTH PERMANENT DRAINAGE EASEMENT WITH RESERVATION AND GRANT OF DEV LOPM ■ ,N.T RIGHTS EFFECTIVE DATE: 20� 4 GRANTOR: JSD/JLD REAL ESTATE TI, LTD. GRANTOR'S MAILING ADDRESS {including County):: 2424 West. Freeway Fort Worth, Tarrant County, TX 76102. GRANTEE: City of Fort. Worth, Texas GRANTEE'S MAILJNG ADDRESS (ineiu ding :County): 1 0oo Throckrnorton Street Fort Worth, Tarrant County, TX 76102: CONSIDERATION: This "Permanent Drainage Easement with .Reservation and Grant of Development Rights" (the "Permanent Drainage Easement," or "this Agreement") is made and entered into by Grantor and Grantee in settlement of that certain Original Petition. Condemnation Proceeding, Cause No. 2011--004510J , in the County Court at Law No. 1, Tarrant County; Texas, styled City of Fort Worth, Texas v. JSDLELD Real Estate IL, Ltd. et al (the "Petition") filed by Grantee to condemn permanent and temporary easements over real property of Grantor more particularly described in the Petition in connection with the above -described storm drainage tmprovements (the "Drainage Project"), in lieu of condemnation_ The performance by Grantee of its obligations under this Permanent Drainage Easement constitutes part of Grantor's compensation for granting this Permanent Drainage Easement. But for the agreement by. Grantee to execute this Permanent Drainage Easement and be bound by its teems and conditions ineludLine, but not limited to, the rights of (Trantor and the obligations of Grantee with respect to the Permanent Drainage Easement Property (hereinafter defined) and the Existing Drainage Easement Property, (hereinafter defined), Grantor- would riot have settled the condemnation proceeding, would not have Permanent Drainage Easement — Page I FFICIAL RECORD ©irt S CRETA !.Y FTs rrF UN, ThE(EIVEP fix 1 7 innnt PERMANENT DRAINAGE EASEMENT Forest Park-Parkview Storm Drain Improvements Parcel # 01 DOE # 5666 2000 N. Forest Park Blvd. & 2400 West Freeway Lots 1 & 2, Block 34R, Edwards Heirs Addition CITY OF FORT WORTH PERMANENT DRAINAGE EASEMENT WITH RESERVATION AND GRANT OF DEVELOPMENT RIGHTS • EFFECTIVE DATE: Kam. , 2014 GRANTOR: JSD/JLD REAL ESTATE II, LTD. GRANTOR'S MAILING ADDRESS (including County): 2424 West Freeway Fort Worth, Tarrant County, TX 76102 GRANTEE: City of Fort Worth, Texas GRANTEE'S MAILING ADDRESS (including County): 1000 Throckrnorton Street Fort Worth, Tarrant County, TX 76102 CONSIDERATION: This "Permanent Drainage Easement with Reservation and Grant of Development Rights" (the "Permanent Drainage Easement," or "this Agreement") is made and entered into by Grantor and Grantee in settlement of that certain Original Petition Condemnation Proceeding, Cause No. 2011-004510-1, in the County Court at Law No. 1, Tarrant County, Texas, styled City of Fort Worth, Texas v. JSD/JLD Real Estate II, Ltd. et al (the "Petition") filed by Grantee to condemn permanent and temporary easements over real property of Grantor more particularly described in the Petition in connection with the above -described storm drainage improvements (the "Drainage Project"), in lieu of condemnation. The performance by Grantee of its obligations under this Permanent Drainage Easement constitutes part of Grantor's compensation for granting this Permanent Drainage Easement. But for the agreement by Grantee to execute this Permanent Drainage Easement and be bound by its terms and conditions including, but not limited to, the rights of Grantor and the obligations of Grantee with respect to the Permanent Drainage Easement Property (hereinafter defined) and the Existing Drainage Easement Property (hereinafter defined), Grantor would not have settled the condemnation proceeding, would not have Permanent Drainage Easement — Page 1 executed this Permanent Drainage Easement, and would not have executed that certain Right of Possession Agreement dated September 20, 2011, between Grantor and Grantee. PROPERTY: Being a 0.433 acre (approximately 18,844 square foot) tract of land in Lots 1 and 2, Block 34-R of Edward Heirs Addition, an addition to the City of Fort Worth, as recorded in Volume 388-74, Page 9 of the Plat records of Tarrant County, Texas and being part of those certain tracts of land conveyed to JSD/JLD Real Estate II, Ltd. as evidenced by deeds recorded in Document No. 206205963 and Document No. 206205964 of the Deed Records of Tarrant County, Texas and being more particularly described on Exhibit A and depicted on Exhibit B (the "Permanent Drainage Easement Property"). PREVIOUS AGREEMENTS* Nothing in this Agreement nor in that certain Right of Possession Agreement entered in this matter by and between the City of Fort Woith and JSD/JLD Real Estate II, Ltd. (herein ` the ROPA") shall reduce, change, infringe, augment, detract or eliminate the rights and obligations of the parties hereto as stated in that certain Compromise and Settlement Agreement, dated September 5, 2002 among the City of Fort Worth; James S. DuBose, individually and as the Trustee of the James S. DuBose Family Trust; Colonial Savings, F.A.; JSD/JLD Real Estate Limited, a Texas Limited Partnership; and GDK/JED Real Estate, Ltd., a Texas Limited Partnership (herein "2002 Compromise Settlement Agreement"), and said 2002 Compromise and Settlement Agreement shall remain in full force and effect in accordance with its terms. GRANT OF EASEMENT: Grantor, for the consideration described above and subject to the terms and conditions hereinafter set forth, hereby grants, sells, and conveys to Grantee, its successors and assigns, an exclusive and perpetual Permanent Drainage Easement to locate, place, replace, install, construct, reconstruct, improve, repair, rebuild, inspect, patrol, maintain, operate, and use the Drainage Project. The Drainage Project includes all incidental underground attachments, equipment, and appurtenances (including manholes located at or below surface grade), together with the right and privilege at all tines to enter the Permanent Drainage Easement Property, or any part thereof, for the purposes of locating, placing, replacing, installing, constructing, reconstructing, improving, repairing, rebuilding, inspecting, patrolling maintaining, operating, and using the Drainage Project, TO HAVE AND TO HOLD the Permanent Drainage Easement, together with all and singular the rights and appurtenances thereto in anyway belonging to Grantee forever; and Grantor hereby binds itself and its successors, and assigns to warrant and forever defend all and singular the Permanent Drainage Easement to Grantee against every person whomsoever lawfully claiming or to claim the same, or any part thereof by, through, or under Grantor, but not otherwise. TO HAVE AND HOLD the Permanent Drainage Easement subject to (i) visible and apparent easements not appearing of record; (u) discrepancies, conflicts, or Permanent Drainage Easement — Page 2 shortages in area or boundary lines or any encroachments or any overlapping of improvements which a current survey would show; and (iii) easements, restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, and encumbrances for taxes and assessments (other than liens) presently of record in the real property records of Tarrant County, Texas, but only to the extent that such items affect the Permanent Drainage Easement Property, and to the extent that said items exist as of the effective date of this Permanent Drainage Easement. RESERVATION OF MINERAL INTERESTS: Grantor reserves to itself, its successors and assigns, all the oil, gas, and sulphur that can be removed from beneath the Permanent Drainage Easement Property without any right whatsoever remaining to the Grantor and its successors, assigns, and lessees of ingress or egress to or from the surface of the Permanent Drainage Easement Property for the purpose of exploring, drilling, or mining the oil, gas, and sulphur TERMS AND CONDITIONS OF GRANT: The Permanent Drainage hasement is appurtenant to, runs with, and inures to the benefit of all or any portion of the Peimanent Drainage Easement Property, whether referenced or described in any conveyance of all or any portion of the Permanent Drainage Easement Property. Except as provided by the Reserved Rights (hereinafter defined), the Permanent Drainage Easement is exclusive, irrevocable, and only for the benefit of Grantee Except as provided by the Reserved Rights (hereinafter defined), the Permanent Drainage Easement is perpetual. RESERVATION BY GRANTOR OF DEVELOPMENT RIGHTS TO USE THE PERMANENT DRAINAGE EASEMENT PROPERTY: Grantor hereby reserves for itself, its successors and assigns, the following rights with respect to the use and/or development of the Permanent Drainage Easement Property, which rights Grantee acknowledges and agrees will not interfere with, or otherwise be inconsistent with, the rights of Grantee under this Permanent Drainage Easement All rights reserved with respect to the Permanent Drainage Easement Property shall be subject to construction plans (a copy of which plans must be submitted to Grantee at least 60 days before the date any construction is scheduled to begin) that are consistent with Grantee's then - applicable zoning and subdivision regulations, building codes, and other duly adopted and uniformly applied ordinances, regulations, and codes (the "Annhcable Regulations"). Grantor's agreement with respect to the Applicable Regulations does not, however, constitute a waiver of any vested rights that Grantor may have, from time to time, arising under applicable law. Grantor agrees, however, that this Permanent Drainage Easement is not a "permit" under Chapter 245, Texas Local Government Code. Subject to the foregoing limitations, the following rights of Grantor and obligations of Grantee shall apply to the development of the Permanent Drainage Easement Property (hereinafter the "Reserved Rights"). The Reserved Rights are in addition to any other rights (however arising) that Grantor has or may have with respect to the Permanent Drainage Easement Permanent Drainage Easement — Page 3 Property including, but not limited to, rights under common law and under the Applicable Regulations 1. Grantor reserves the right to locate, place, install, erect, and construct streets, sidewalks, pedestrian access ways (covered and uncovered), surface parking (asphalt and concrete), landscaping (other than trees), planter containers, retaining walls, public and private utilities, and similar improvements over, under, and across the Permanent Drainage Easement Property provided such improvements shall not extend more than six feet below the surface grade. 2. Grantor reserves the right to locate, place, install, erect, and construct elevated improvements over, across, and above the Permanent Drainage Easement Property so long as the minimum clearance between the surface grade of the Permanent Drainage Easement Property and the lowest point of the elevated improvements is at least 20 feet. 3. Grantor reserves the right to locate, place, mstall, erect, and construct other improvements over, under, and across the Permanent Drainage Easement Property that do not materially and unreasonably interfere with Grantee's use of the Permanent Drainage Easement Property. 4. Grantor reserves the right, at Grantor's cost and expense, to relocate (in accordance with the Applicable Regulations) all public improvements (including, but not limited to, the Drainage Project and other public and private utilities) located within the Permanent Drainage Easement Property. 5. Grantor reserves the right to terminate the Permanent Drainage Easement if Grantor at Grantor's cost and expense, relocates all public improvements (including, but not limited to, the Drainage Project and other public and private utilities) located within the Permanent Drainage Easement Property or if Grantee permanently abandons the Permanent Drainage Easement. 6. If Grantee's use of the Permanent Drainage Easement Property requires the removal of or results in damage to any improvements described in subsection 1 of the Reserved Rights, Grantee shall restore and repair such improvements to the condition in which the improvements existed (ordinary wear and tear excepted) before the removal or damage occurred. 7 Under no circumstances shall Grantor be required to remove, relocate, reconstruct, or otherwise alter any improvements that meet or exceed the minimum height requirements set forth in subsection 2 of the Reserved Rights. 8. If Grantee's use of the Permanent Drainage Easement Property requires the removal of or results in damage to any improvements described in subsection 3 of the Reserved Rights, Grantee shall use all reasonable efforts to minimize the removal or damage however, Grantee shall have no obligation to restore or repair the removed or damaged improvements. Permanent Drainage Easement — Page 4 9. The Reserved Rights shall be perpetual and shall not be affected by: (i) the termination of the Right of Possession Agreement; or (ii) the acquisition by Grantee through condemnation of the Project Easements as defined in the Right of Possession Agreement. 10. Grantee consents to and approves the Reserved Rights so long as such rights are exercised under the then -applicable City development standards. 11. Grantor has the right to assign all or any part of the Reserved Rights or all or any part of Grantor's rights, duties, or obligations under the Reserved Rights to any person or entity without the consent of Grantee; whereupon such rights shall inure to the benefit of Grantor's successors and assigns. 12. Grantee will not oppose a replat of lots 1 and 2, Block 34-R, Edwards Heirs Addition, City of Fort Worth, Texas that reflects the Reserved Rights and will cooperate with Grantor to achieve such replat. 13. The parties agree that the reserved rights enumerated in the preceding Reservation of Development Rights by Grantor (numbered 1-12) pertaining to the Permanent Drainage Easement Property are the same rights granted by the Grantee in the following Grant of Development Rights (numbered 1-12) pertaining to the Existing Drainage Easement Property. GRANT BY CITY OF DEVELOPMENT RIGHTS TO USE THE EXISTING DRAINAGE EASEMENT PROPERTY: Grantor its successors and assigns, are granted the following rights with respect to the use of the real property described by that certain easement created by the dedication of lots 1 and 2, Block 34-R, Edwards Heirs Addition, City of Fort Worth, Texas, recorded in Volume 388-74, Page 9, Plat Records of Tarrant County, Texas, and further recorded in Volume 4227, Page 497, Deed Records of Tarrant County, Texas (the "Existing Drainage Easement" and the "Existing Drainage Easement Property"), which rights Grantee acknowledges and agrees will not interfere with, or otherwise be inconsistent with, the rights granted to Grantee by the Existing Drainage Easement. All rights granted with respect to the Existing Drainage Easement Property shall be subject to construction plans (a copy of which plans must be submitted to Grantee at least 60 days before the date any construction is scheduled to begin) that are consistent with Grantee's Applicable Regulations. Grantor's agreement with respect to the Applicable Regulations does not, however, constitute a waiver of any vested rights that Grantor may have, from time to time, arising under applicable law. Grantor agrees, however, that this Existing Drainage Easement is not a 'permit' under Chapter 245, Texas Local Government Code. Subject to the foregoing limitations, the following rights of Grantor and obligations of Grantee shall apply to the development of the Existing Drainage Fasement Property (hereinafter referred to as the 'Granted Rights"). The Granted Rights are in addition to any other rights (however arising) that Grantor has or may have with respect to the 1-4;xisting Drainage Easement Property Permanent Drainage Easement — Page 5 including, but not limited to, rights under common law and under the Applicable Regulations. 1. Grantor shall have the right to locate, place, install, erect, and construct streets, sidewalks, pedestrian access ways (covered and uncovered), surface parking (asphalt and concrete), landscaping (other than trees), planter containers, retaining walls, pubhc and private utilities, and similar improvements over, under, and across the Existing Drainage Easement Property provided such improvements shall not extend more than six feet below the surface grade. 2. Grantor shall have the right to locate, place, install, erect, and construct elevated improvements over, across, and above the Existing Dramage Easement Property so long as the minimum clearance between the surface grade of the Existing Drainage Easement Property and the lowest point of the elevated improvements is at least 20 feet. 3. Grantor shall have the right to locate, place, install, erect, and construct other improvements over, under and across the Existing Drainage Easement Property that do not materially and unreasonably interfere with Grantee's use of the Existing Drainage Easement Property. 4. Grantor shall have the right, at Grantor's cost and expense, to relocate (in accordance with the Apphcable Regulations) all public improvements (including, but not limited to, the Drainage Project and other public and private utilities) located within the Existing Drainage Easement Property. 5. Grantor shall have the right to terminate the Existing Drainage Easement if Grantor, at Grantor's cost and expense, relocates all pubhc improvements (including, but not limited to, the Drainage Project and other public and private utihties) located within the Existing Drainage Easement Property or if Grantee permanently abandons the Existing Drainage Easement. 6. If Grantee's use of the Existing Drainage Easement Property requires the removal of or results in damage to any improvements described in subsection 1 of the Granted Rights, Grantee shall restore and repair such improvements to the condition in which the improvements existed (ordinary wear and tear excepted) before the removal or damage occurred. 7. Under no circumstances shall Grantor be required to remove, relocate, reconstruct, or otherwise alter any improvements that meet or exceed the minimum height requirements set forth in subsection 2 of the Granted Rights. 8. If Grantee's use of the Existing Drainage Easement Property requires the removal of or results in damage to any unprovements described in subsection 3 of the Granted Rights, Grantee shall use all reasonable efforts to minimize the removal or damages however, Grantee shall have no obligation to restore or repair the removed or damaged improvements. Permanent Drainage Easement — Page 6 9. The Granted Rights shall be perpetual and shall not be affected by: (i) the termination of the Right of Possession Agreement or (ii) the acquisition by Grantee through condemnation of the Project Easements as defined m the Right of Possession Agreement. 10. Grantee consents to and approves the Granted Rights so long such rights are exercised under the then-apphcable City development standards. 11. Grantor has the right to assign all or any part of the Granted Rights or all or any part of Grantor's rights, duties, or obligations under the Granted Rights to any person or entity without the consent of Grantee; whereupon the Granted Rights shall inure to the benefit of Grantor's successors and assigns. 12. Grantee will not oppose a replat of lots 1 and 2, Block 34-R, Edwards Heirs Addition, City of Fort Worth, Texas, that reflects the Granted Rights and will cooperate with Grantor to achieve such replat. 13. The parties agree that the rights enumerated in the preceding Grant of Development Rights by Grantor (numbered 1-12) pertaining to the Existing Drainage Easement Property are the same rights reserved by the Grantee in the preceding Reservation of Development Rights (numbered 1-12) pertaining to the Permanent Drainage Easement Property. OTHER PROVISIONS: 1. After any disturbance of the surface of Grantor's property as part of any reconstruction or replacement, alteration, or repair; any operation or maintenance; any survey or inspection; any relocation within the Permanent Drainage Easement Property; removal; or otherwise, Grantee shall require its Contractors to restore the surface of Grantor's Property to the same or similar condition as existed before any such activities 2. Grantee shall require its Contractors to perform all work as part of any reconstruction or replacement, alteration, or repair; any operation or maintenance; any survey or inspection; any relocation within the Permanent Drainage Easement Property; removal; or otherwise to be done as expeditiously as possible. In performing the work or causing the work to be performed, Grantee shall make adequate provisions for the safety and convenience of Grantor, its agents, contractors and subcontractors, employees, invitees, licensees, and representatives In addition, Grantee shall cause all work to be Permanent Drainage Easement — Page 7 cleaned up as is reasonably in order to minimize disruption or Grantor's inconvenience in the use of its property. 3. If any provision of this Permanent Drainage Easement is held by a court to be illegal, invalid, or unenforceable, such illegal, invalid, or unenforceable provision shall not affect the legality, validity, or enforceability of the remainder of this Permanent Drainage Easement, and the court has the authority to interpret the remainder of this Permanent Drainage Easement to achieve the intent of the parties hereto. 4. The parties hereto agree that Texas law governs this Agreement, and all obligations of the parties are performable in Tarrant County, Texas. 5. In performing work as part of any reconstruction or replacement, alteration, or repair; any operation or maintenance; any survey or inspection; any relocation within the Permanent Drainage Easement Property; removal; or otherwise, Grantee shall cause all Contractors that will use or have access to Grantor's property or conduct activities on the Permanent Drainage Easement Property or Existing Drainage Easement Property to: (i) include Grantor as an additional insured on all liability insurance policies that Grantee requires of such contractors, and (n) indemnify, defend, and hold harmless Grantor, its partners, members, officers, directors, employees, licensees, invitees, agents, insurers, and representatives from and against all claims, disputes, actions, causes of action, lawsuits, liabilities, and damages of any kind or type to property and injury to persons (including damages or injury resulting from claims related to the environmental condition of or environmental contamination of the Permanent Drainage Easement Property or Existing Drainage Easement Propertycaused by or arising from, directly or indirectly, any act or omission of such Contractor, its employees, agents, licensees, invitees, representatives, and subcontractors, in performing work in connection with any reconstruction or replacement, alteration, or repair; any operation or maintenance; any survey or inspection; any relocation within the Permanent Drainage Easement Property; removal; or otherwise Evidence of such insurance coverage and indemnification in form Permanent Drainage Easement — Page 8 and amount reasonably satisfactory to Grantor shall be provided to Grantor prior to commencing any activities within the Permanent Drainage Easement Property or the Existing Drainage Easement Property. 6. Grantor has the right to assign this Agreement, or any of Grantor's rights, duties, or obligations under this Agreement, in whole or in part, to any person or entity without the consent of, but with notice to, Grantee. This Agreement shall be binding upon and inure to the benefit of Grantor and its successors and assigns. 7. Any notice required or contemplated by this Agreement must be in writing and shall be deemed given (i) five days after deposited with the U.S. Postal Service, Certified Mail, Return receipt requested or (ii) when delivered by a nationally recognized delivery service (e.g., Fed Ex or UPS) addressed as follows: If to Grantor: JSD/JDL Real Estate II, Ltd. Attn: James E. DuBose 2626 A West Freeway P.O. Box 2990 Fort Worth, TX 76102 If to Grantee: City of Fort Worth TX Attn: Christopher B Mosley, Assistant City Attorney 1000 Throckmorton Foil Worth, TX 76102 Permanent Drainage Easement — Page 9 /4. �� EXECUTED as of the Effective Date, this the 0 day of 3tAre----, 2014. GRANTOR: JSD/JLD REAL ESTATE II, LTD, a Texas limited partnership By: JSD/JLD, LLC, a Texas limited liability company, its General Per By: GRANTEE: The Fort Worth, Texas Fernando Costa, Assistant City Manager ROVED FO' FO' ND LBGALITY Christop er B. Mosley Assistant Cityy Attorney bY: n a44._ / Ronald P. Gonzales, Abs. City Secrotaty James Y. DuBose, Manger FFICIAL RECORD. CITY SECRETARY Permanent Drainage Easement — Page 10 ACKNOWLEDGEMENTS 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 James E. DuBose, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed it for the purposes and consideration therein expressed in the capacity as Manager of JSD/JDL, LLC, the General Partner of JSD/JDL Real Estate II, Ltd, on behalf of the partnership. N UNDER MY HAND AND SEAL OF OFFICE the (C day y of , 2014. S MICHELLE MILES Notary Public STATE OF TEXAS My Comm. Fes. Aug. 14, 2016 i rtr' COUNTY OF TARRANT § Notary Public in and for the State of Texas • BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Fernando Costa, Assistant City Manager 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 he executed it for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE the a day of , 2014. EVONIA DANIELS Texas Notary public, State Expires My Commission July 10,017 After recording, return to: Ms. Deanna Cody Transportation & Public Works City of Fort Worth, Texas 900 Monroe Street — 4th Floor Fort Worth, Texas 76102 otary Public in and for the St e of Texas Permanent Drainage Easement — Page 11 EXHIBIT A Permanent Drainage Easement Property BEING a 0.433 acre (18,844 square foot) tract of land in Lots 1 and 2, Block 34-R of Edward Heirs Addition, an addition to the City of Fort Worth, recorded in Volume 388- 74, Page 9 of the Plat records of Tarrant County Texas and being part of those certain tracts of land conveyed to JSD/JLD Real Estate II, Ltd. as evidenced by deeds recorded in Document No. 206205963 and Document No 206205964 of the Deed Records of Tarrant County, Texas and being more particularly described as follows: COMMENCING at the intersection of the south line of Parkview Drive, a variable width right-of-way, and the west line of Forest Park Boulevard, a 110-foot right-of-way, and the northeast corner of Lot 2 and the northeast corner of said JSD/JLD Real Estate tracts; THENCE along the south line of Parkview Drive and the north line of said JSD/JLD Real Estate tracts as follows: South 89°24'20" West departing the west line of Forest Park Boulevard a distance of 238.65 feet to the point of curvature of a curve to the left; Along said curve to the left in a westerly direction to the left having a delta angle of 18°39'49", a radius of 363.04 feet, an arc length of 118.26 feet and a chord bearing South 80°04'26" West a distance of 117.74 feet to the POINT OF BEGINNING; THENCE departing the south line of Parkview Drive over and across the JSD/JLD Real Estate tracts as follows: South 36°07'40" East a distance of 311.98 feet; South 11 °47'40" East a distance of 110.75 feet; South 78°03'45" West a distance of 22.43 feet; South 11 °56' 15" East a distance of 156.54 feet in a non -tangent curve to the right in the northwest line of Forest Park Boulevard; THENCE along the northwest line of Forest Park Boulevard as follows: Permanent Drainage Easement — Page 12 EXHIBIT A Permanent Drainage Easement Property Along a non -tangent curve in a southwesterly direction to the right having a delta angle of 2°42'34", a radius of 405.05 feet, an arc length of 19.15 feet and a chord bearing South 44°25'42" West a distance of 19.15 feet; South 45°46'59" West a distance of 2.42 feet; THENCE departing the northwest line of Forest Park Boulevard over and across the JSD/JLD Real Estate tracts as follows: North 11°47'40" West a distance of 270.66 feet; North 36°07'40" West a distance of 265.19 feet to the west line of said JSD/JLD Real Estate tracts, the east lore of Lot 1, Block 35-R, Edward Heirs Addition, an addition to the City of Fort Worth recorded in Volume 388-139, Page 76 of the Plat Records of Tarrant County, Texas and the east line of that certain tract of land conveyed to Woodcrest Plaza 2001 Limited Partnership as evidenced by deed recorded in Volume 14688, Page 349 of the Deed Records of Tarrant County, Texas; North 04°13'20" East a distance of 52.42 feet to 1/2-inch iron rod found in the south line of Parkview Drive for the northwest corner of said JSD/JLD Real Estate tract and the beginning of a non -tangent curve to the right; THENCE along said non -tangent curve in an easterly direction to the right having a delta angle of 0°59'49", a radius of 363.04 feet, an arc length of 6.32 feet and a chord bearing North 70°14'37" East a distance of 6.32 feet to the POINT OF BEGINNING; CONTAINING within the metes recited 0.433 acre or 18,844 square feet of land, more or less. Permanent Drainage Easement — Page 13 • EXHIBIT B Depiction of Permanent Drainage Easement a=09.475 6a05101171. R=363.04's R=363.04' A=61,67 7' A=31.8Z E E3=S 73'15'09' W C =N -61,506 � C41.81' $ 89'241201 W P.O,B/\ EXHIBR'B' P.O.B.\ \ TRACTI \ EXHIBIT A' \ \ \ r F \ \ F7i \ \ $, Act \e\ IttreIckb-ert'e.. C` a?T93. ey \ 'a \ es; FD s \ \\ v \ \` `tP • • CLEAR FORK TRINRl'RIVER a=orsa49' R=363.04' A=6.37 B=N 70114371 E C=6.37 1/T IRON ROD FOUND CITY OF FT WORTH VOL 5282 PG 422 D.R.T.C.T. 'w S EXHIBIT B TRACT 2 8 LOT1 BLOCK 35-R EOWARO HEIRS ADDITION VOL. 388.189, PG. 76 8 77 P.R.T.C.T. WOOOCREST PLAZA 2001 LIMITED PARTNERSHIP VOL 14688, PG, 349 D.R.T.C.T. DRAINAGE EASEMENT TEMPORARY CONSTRUCTION EASEMENT TRACTS 1, 2, & 3 BLOCK 34-R EDWARDS HEIRS ADDITION CITY OF FORT WORTH TARRANT COUNTY, TEXAS DATE 5/5/10 5G1aE 1" = 50' \ 6=03154'34w R=464.04' A=24.7T B=6 87/2703/ W C=24.7T \ MATCHLINE SHEET 9 & 10 MATCHLINkHEET 9 & 10 LEGEND P.O.C. • Point o Commencing P.O.B.. Point of Beginning D.R.tC.T. • Deed Records Tarrant County Texas RR.LC.T. - Plat Records Tarrant County Texas CADDRE EASEMENTS.DWG LOT2 BLOCK 34-R EDWARDS HEIRS ADDITION VOL. 388-74, PG. 9 P.R.T.C.T. PARKVIEW DR, VARIABLE RIGHT-OF-WAY WIDTH 238.6S JSb/JLD REAL ESTATE 11, LTD. OOC NO.204205968 O.R.TC.T. 50' 100' t Basis of Bearings: The bearings shown hereon are based on NAD 83 Texas State Plane Coordinate System North Central Zone. Enginee.rss, n;c . 5910 N. tental Exy.'essway SUte 1009 Data. Texas 75m8 (214)7393152 Fax (214)799-3169 Joe No: 301-08-024 PAEENO: 9 OF 11 Permanent Drainage Easement -- Page 14 • EXHIBIT B Depiction of Permanent Drainage Easement MATCHL N1E SHEET 8 & 10 MATCH! I11E'HEET 9 & 10 LOT 1 BLOCK 34-R EDWARDS HEIRS AODt11oN VOL. 389•74, PG.9 P.R.T.C.T. JEOJJLD REAL ESTATE II. LTD. DOC NO.206205964 O.RT.C.T. DRAINAGE EASEMENT TEMPORARY CONSTRUCTION EASEMENT TRACTS 1, 2, & 3 BLOCK 34-R EDWARDS HEIRS ADDITION CITY OF FORT WORTH TARRANT COUNTY, TEXAS DATE 515/10 SCALE 1" = 50' LOT2 BLOCK 34-R EDWARDS HEIRS ADORION VOL. 388-74, PG. 9 P.R.T.C.T. o \ Z �t �+ \ x �-n d M'. rO\ .�,j yip dcri ou Io CADDEAE EASEMENTS -DWG \‘ } g • s7e•o3.4sg w og z}m 22 43' } \ >�•G�m1 N tt t\tm2 } '' N27'12151WA\ l 1,1 5.30' m o'�� 6=02'4234' R=405.05' A=19.13 BrS 44.2542' w C=19.15 S 45.46'59• W 2.4Z LEGEND P.O.C.. Point o Commencing P.O.B. • Point of Beginning D.R.T.CT. - Deed Records Tarrant County Texas P.R.T.C.T. • Plat Records Tarrant County Texas EXHIBR•B' TRACT 3 P.O.B. I 6=05'1025" R=405 C5 A=36.5T B=S 29.4749• W C=36.55' N.16 P.O.C. 1 tV N Aa21'24.566' R 405.05 A=151.40' /< B=S 1625/087 W C=150.5Z 0 O it Q. '<; '.1 O Ct O 4O 50' 11111 Ems • 100' Basis of Bearings; The bearings shown hereon are based on NAD 83 Texas State Plane Coordinate System North Central Zone 5910 N_ Cenfl Ezprt ,rrwy Stile 1033 Omtas. Texas 75206 (214) 73_94152 Fax (214) 7343159 JOB NO.: 301.08-024 PAGENO• 10OF11 • Permanent Drainage Easement — Page 15 Erxchange: Authorized Users Only Page 1 of 1 Document Receipt Information Reference Number: 5666-7SD/]LD - Easement Instrument Number: No of Pages: Recorded Date: County: Volume: Page: Recording Foe: D214146539 15 7/10/2014 3:26:22 PM Tarrant 1$72.00 https://www.erxchange.com/UI/ViewReceipt.aspx?DocumentId=8749063 7/11/2014 M&C Review Page 1 of 1 • CITY COUNCIL AGENDA DATE: CODE: SUBJECT: COUNCIL ACTION: Approved on 10/712013 10/7/2013 REFERENCE NO.: L TYPE: Official site of the City of Fort Worth Texas FORT WoRLll L-15628 LOG NAME: 1220ROWE5666-FOREST PARK DRAINAGE NON- PUBLIC NO CONSENT HEARING Approve Settlement of Lawsuit Entitled City of Fort Worth v, JSD/JLD Real Estate II, Ltd., et al, Cause No. 2011 004510-1 in the Amount of $900,000.00 to Acquire Property Interests for the Forest Park-Parkview Storm Drain improvement Project (COUNCIL DISTRICT 9) • RECOMMENDATION: It is recommended that the City Council approve the settlement of all claims arising from the eminent domain lawsuit the City filed to acquire property interests for the Forest Park-Parkview Storm Drain Improvement Project in the amount of $900,000.00 plus closing costs not to exceed the amount of $45,000.00. DISCUSSION: The City authorized condemnation proceedings against JSD/JLD Real Estate II, Ltd., in Mayor and Council Communication L-15119 to acquire a 0.433 acre tract to be used as a permanent drainage facility easement, 0.941 acres for three temporary construction easements and 0.175 acres for a temporary access easement for the Forest Park-Parkview Storm Drain Improvement project. The property is located at 2000 North Forest Park Boulevard and 2400 West Freeway, Lots 1 and 2 Block 34-R, Edward Heirs Addition, City of Fort Worth, Tarrant County, Texas The parties have agreed that $900,000.00 is fair compensation for the property interests that the City sought in its condemnation action. Closing costs will not exceed the amount of $45,000.00. This project is located in COUNCIL DISTRICT 9, Mapsco 76F. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendation funds will be available in the current capital budget, as appropriated, in the Stormwater Capital Projects Bond Fund. TO Fund/Account/Centers FROM Fund/Account/Centers P227 541100 209280067441 $945.000.00 Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS 20ROWE5666-FOREST PARK DRAINAGE.pdf Fernando Costa (6122) Sarah Fullenwider (7606) Chris Mosley (7603) http://apps.cfwnet.org/council_packet/mc review.asp?ID=19068&counczldate=10/7/2013 6/13/2014