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Home My WebLink AboutContract 44427 (2)� - - �. -- - .. � - ' :t � � �: `; � . MAGNOLIA STREET CLOSURE PARCEL No. PE-1 500 E. ROSEDALE STREET LOT 1, PANTHER DISTRIBUTING CO. STATE OF TEXAS COUNTY OF TARRANT § § § CITY OF FORT WORTH EMERGENCY ACCESS EASEMENT DATE: GRANTOR: KNOW ALL MEN BY THESE PRESENTS XTO Energy Inc. GRANTOR'S MAILING ADDRESS: 810 Houston Street Fort Worth, Texas 76102 Tarrant County, Texas GRANTEE: The City of Fort Worth GRANTEE'S MAILING ADDRESS: 1000 Throckmorton Street Fort Worth, Texas 76102 Tarrant County, Texas CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: Being a 20.0' emergency access easement and being a portion of the remainder of Lot 1, Panther Distributing Co., an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Volume 388-71, Page 371 of the Plat Records of Tarrant County, Texas, said Lot 1 being deeded to XTO Energy Inc., as recorded in County Clerk's File No. D207368506 of the Deed Records of Tarrant County, Texas, said 20.0' emergency access easement being more particularly described on exhibits "A" and "B". � � �- ;i r. . � t :t, ��CEIV�D MAY � � 2�1� February 24, 2009 Page 1 of 4 ? � � �.; �4 Grantor, for the consideration paid to Grantor, hereby grant, bargain and convey unto Grantee, its successors and assigns, an exclusive easement and right-of-way for emergency access upon, over, across and through the following tract of land situated in Tarrant County, Texas, as depicted in accordance with Exhibit "A", and described in accordance with Exhibit "B", attached hereto and made a part hereof. Any such entry and use of such tract by Grantee or its agents and independent contractors shall be permissive and shall not constitute a trespass. It is intended by these presents to convey an Emergency Access Easement to the Grantee to maintain, construct and repair the above-described improvements, with the usual rights of ingress and egress in the necessary use of such Emergency Access Easement, in and along said premises. 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 until the completion of construction and acceptance by Grantee. Grantor does hereby bind themselves, their heirs, successor and assigns, to warrant and defend, all and singular, said easement unto Grantee, its successor 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. Page 2 of 4 GRANTOR: XTO Energy Inc. A Deleware Corporation C ��l�cc�,_ �✓ j ' � / � •� � �--� � BY: � Fdwin �y. b�yar�, Jr. �r. VP �- �..a�d l�cdrrtiinis4�r:�tic�n GRANTEE: City of Fort Worth �i�-� Fernando Costa Assistant City Manager APPROVED AS TO FORM AND LEGALITY • � �` � ACKNOWLEDG STATE OF TEXAS COUNTY OF TARRANT � 0 BEFORE ME, the undersigned authorit on this day personally appeared�dtuin�' I�yan � same person whose name is subscribed to the that the same was the act of �TU �ne� the same as the act of said X� �✓ and consideration therein expressed and in t e , a Notary Public in and for the State of Texas, --.Sr�Vp Lrtnd Qdmrnt.s�+��nown to me to be the foregoing instrument, and acknowledged to me nc and that he/she executed for the purposes capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this � a� day of � , 2009. /''�rP�/�CHARLA F. WILKES *: ��'• NOTARY PUBLIC STATE OF TEXAS ��,}. i*t COMMISSION EXPIRES: '��oFSX+'f 03—OS-20'12 Page 3 of 4 � � ' � ;�. ; _y; _ � � ��" 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 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 the same was the act of the 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 / � � , 20�18' n r L/ G.� ' ✓ `�� ry Public in and for the State of Texas �VONIA �ANIELS MY CUMA4ISSION EXPIRES Juiy ia, �o�s Page 4 of 4 MAGNOLIA STREET CLOSURE PARCEL No. PE-1 500 E. ROSEDALE STREET LOT 1, PANTHER DISTRIBUTING CO. EXHIBIT "A" Being a 20.0' emergency access easement and being a portion of the remainder of Lot 1, Panther Distributing Co., an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Volume 388-71, Page 371 of the Plat Records of Tarrant County, Texas, said Lot 1 being deeded to XTO Energy Inc., as recorded in County Clerk's File No. D207368506 of the Deed Records of Tarrant County, Texas, said 20.0' emergency access easement being more particularly described by metes and bounds as follows: COMMENCING at a"PK" nail found for an exterior ell corner on the west line of said Lot 1, said "PK" nail being in the east right-of-way line of the Southern Pacific Railroad (a variable width right-of-way); THENCE South 08 degrees 34 minutes 00 seconds West (reference bearing), with the west line of said Lot 1 and the east right-of-way line of said Southern Pacific Railroad, a distance of 369.79 feet to a point for the southwest corner of said Lot 1, said point being and interior ell corner in the east right-of-way line of said Southern Pacific Railroad; THENCE South 81 degrees 34 minutes 16 seconds East, with the south line of said Lot 1 and the east right-of-way line of said Southern Pacific Railroad, a distance of 9.94 feet to a"Y" cut in concrete found for the northwest corner of a 0.816 acre tract of land (by deed) deeded to Fort Worth Pipeline Company, as recorded in County Clerk's File No. D207342645 of the Deed Records of Tarrant County, Texas, said "Y" cut being an exterior ell corner in the east right-of- way line of said Southern Pacific Railroad, from which a 1/2 inch iron rod with cap stamped "Fuiton" found for reference in the west line of said 0.816 acre tract of land bears South 08 degrees 25 minutes 44 seconds West, a distance of 174.35 feet; THENCE South 81 degrees 34 minutes 16 seconds East, with the north line of said 0.816 acre tract of land and the south line of said Lot 1, a distance of 125.37 feet to the POINT OF BEGINNING of the herein described 20.0' emergency access easement; THENCE North 03 degrees 26 minutes 28 seconds West, a distance of 92.13 feet to a point for the beginning of a curve to the right having a radius of 50.00 feet, a central angle of 12 degrees 04 minutes 24 seconds, and whose chord bears North 02 degrees 35 minutes 44 seconds East, a distance of 10.52 feet; THENCE with said curve to the right an arc length of 10.54 feet to a point for corner; THENCE North 08 degrees 37 minutes 56 seconds East, a distance of 275.80 feet to a point for the beginning of a curve to the left having a radius of 30.00 feet, a central angle of 25 degrees 44 minutes 47 seconds, and whose chord bears North 04 degrees 14 minutes 27 seconds West, a distance of 13.37 feet; Page 1 of 3 MAGNOLIA STREET CLOSURE PARCEL No. PE-1 500 E. ROSEDALE STREET LOT 1, PANTHER DISTRIBUTING CO. THENCE with said curve to the left an arc length of 13.48 feet to a point for corner; THENCE North 17 degrees 06 minutes 51 seconds West, a distance of 66.36 feet to a point for the beginning of a curve to the right having a radius of 50.00 feet, a central angle of 18 degrees 40 minutes 53 seconds, and whose chord bears North 07 degrees 46 minutes 24 seconds West, a distance of 16.23 feet; THENCE with said curve to the right an arc length of 16.30 feet to a point for corner; THENCE North Ol degrees 34 minutes 03 seconds East, a distance of 165.04 feet to a point for the beginning of a curve to the left having a radius of 45.00 feet, a central angle of 24 degrees 33 minutes 34 seconds, and whose chord bears North 10 degrees 42 minutes 44 second West, a distance of 19.14 feet; THENCE with said curve to the left an arc length of 19.29 feet to a point for corner; THENCE North 22 degrees 59 minutes 31 seconds West, a distance of 27.78 feet to a point for corner; THENCE North 34 degrees 18 minutes 30 seconds West, a distance of 9.80 feet to a point for corner in the south line of a 2,118 square foot tract of land (by deed) deeded to the State of Texas, as recorded in Volume 14047, Page 151 of the Deed Records of Tarrant County, Texas; THENCE North 89 degrees 43 minutes 08 seconds East, with the south line of said 2,118 square foot tract of land, a distance of 63.89 feet to a point for corner; TAENCE South 33 degrees 05 minutes 54 seconds West, a distance of 26.07 feet to a point for the beginning of a curve to the left having a radius of 60.00 feet, a central angle of 31 degrees 31 minutes 52 seconds, and a whose chord bears South 17 degrees 19 minutes 59 seconds West, a distance of 32.60 feet; THENCE with said curve to the left an arc length of 33.02 feet to a point for corner; THENCE South O1 degrees 34 minutes 03 seconds West, a distance of 165.41 feet to a point for the beginning of a curve to the left having a radius of 30.00 feet, a central angle of 18 degrees 40 minutes 53 seconds, and whose chord bears South 07 degrees 46 minutes 24 seconds East, a distance of 9.74 feet; Page 2 of 3 MAGNOLIA STREET CLOSURE PARCEL No. PE-1 500 E. ROSEDALE STREET LOT 1, PANTHER DISTRIBUTING CO. THENCE with said cuive to the left an arc length of 9.78 feet to a point for corner; THENCE South 17 degrees 06 minutes 51 seconds East, a distance of 66.36 feet to a point for the beginning of a cw•ve to the right having a radius of 50.00 feet, a central angle of 25 degrees 44 minutes 47 seconds, and whose chord bears South 04 degrees 14 minutes 27 seconds East, a distance of 22.28 feet; THENCE with said curve to the right an arc length of 22.47 feet to a point for corner; THENCE South 08 degrees 37 minutes 56 seconds West, a distance of 275.80 feet to a point for the beginning of a curve to the left with a radius of 30.00 feet, a central angle of 12 degrees 04 minutes 24 seconds, and whose chord bears South 02 degrees 35 minutes 44 seconds West, a distance of 6.31 feet; THENCE with said curve to the left an arc distance of 6.32 feet to a point for corner; THENCE South 03 degrees 26 minutes 28 seconds East, a distance of 96.33 feet to a point for corner in the south line of said Lot 1 and the north line of said 0.816 acre tract of land; THENCE North 81 degrees 34 minutes 16 seconds West, with the south line of said Lot 1 and with the north line of said 0.816 acre tract, a distance of 20.44 feet to the POINT OF BEGINNING, and containing 14,734 square feet or 0.338 acres of land, more or less. Date: February 24, 2009 � CUf'�IS SC711ti1 Registered Professional Land Surveyor No. 5494 Page 3 of 3 _-�-��2 / �P .• ... � �E o�R ��<_, ; �.PE � Fo.cr� � o ..................... � Ct1RTIS SMITH , �..j... . ._... �� •'�J'4'..�.•�,�� `; s �4`� ' O �. _ �L.. s• .:� .Ci � EX H I B IT "B" PARCEL N0. PE-1 ROSEDALE �A VARIABLE WIDTH RIGHT-OF-WAY) STREET OSfiD�fiS DD 7308 R�AH' p.R•T'�'T S 81'34'16'E � 9.94' FND Y IN� coNcP FND 1/2"IRF �S OB'25'44'W W/CAP FULTON 174.35� MAGN��A AVENUE �A VARIAB�E WIDTH R.O.W. ) S sURv EY R�C� AR� 2g� A I 200 SCALE IN FEET Ci t y o f Fo rt W o rth 1000 THROCKMORTON STREET • FORT WORTH, TEXAS 76102 EXHIBIT SHOWING A 20.0' EMERGENCY ACCESS EASEMENT OUT OF LOT 1, PANTHER DISTRIBUTING C0. AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS AS RECORDED IN VOLUME 388-71, PAGE 371 PLAT RECORDS, TARRANT COUNN, TEXAS PROJECT: MAGNOLIA STREET CLOSURE PARCEL No. PE-1 -ASEMENT ACQUISITION AREA: 14,734 SQUARE FEET OR 0.338 ACRES JOB N0. 0808-3223 DRAWN BY: JH CADD FILE: 3223.DWG DATE: FEBRUARY 24, 2009 PAGE 1 OF 1 SCALE: 1° = 200' GORRONDONA & ASSOCIATES, INC. • 6707 BRENTWOOD STAIR ROAD, SUITE 50 FORT WORTH, TX. 76112 I INN SCHoSLDA sD g80N I Gu CAH• p.R•T'�•T .; '��r�'• �G1S7EqF •�t.. , � a ,� n' ( ,;i�.c,,�,��; �'� �, ., �r�, ., f,. '_ �CURTIS SMITH REGISTERED PROFESSIONAL LAND SURVE N0. 5494 • 817-496-1424 FAX 817-496-1768 M&C Review Page 1 of 2 Dffidaf site of the Gk}� of F�tt Worth, Texas ' � �'*t� R'1` `4'�`Cl�'I 1 f COUNCIL ACTION: Approved on 4/28/2009 DATE: CODE: 4/28/2009 G REFERENCE NO.: **G-16551 TYPE: CONSENT LOG NAME: PUBLIC HEARING: 20MAGNOLIA CLOSURE NO SUBJECT: Authorize the Closure of the 500 Block of Magnolia Avenue to Remove Railroad Crossing and Execution of an Emergency Access Agreement with XTO Energy RECOMMENDATION: it is recommended that the City Council: 1. Authorize the closure of the 500 biock of Magnolia Avenue; and 2. Authorize the City Manager or his designee to execute an Emergency Access Agreement with XTO Energy. DISCUSSION: In 2003 the Regional Transportation Council set aside federal funds to improve the safety of railroad crossings in the Fort Worth-Dallas area. The Transportation and Public Works Department (TPW) submitted 13 railroad safety and quiet zone project proposals (M&C G-14128) in a call-for-projects under the North Central Texas Council of Government's Railroad Crossing Reliability Partnership Program. The City was awarded four of the submitted projects, one of which is the Magnolia Avenue Railroad Crossing Project (M&C C-21909). The goal of the Magnolia Avenue Railroad Crossing Project (Project) is to solve the chronic problem of stopped trains that block Magnolia Avenue and restrict access to the nearby properties that are located between the two sets of tracks. Because of the rail congestion at Tower 55, stopped trains block Magnolia Avenue approximately 35 percent of the time. Originally, this Project called for the construction of a new street from Rosedale Street southward to Magnolia Avenue to create reliable access for the businesses. Magnolia Avenue was then to be closed at the grade crossings. Since the Project was conceived in 2003, XTO Energy has purchased all three land locked properties. XTO Energy is satisfied that the existing private driveway from Rosedale Street to Magnolia Avenue is adequate access to its property and a new street is not required. However, the Fire Department requires the conversion of the existing driveway to a fire lane in conjunction with this closure. The Emergency Access Agreement with XTO Energy will allow the City to obtain and construct this fire lane easement. TPW recommends proceeding with the closure of Magnolia Avenue at the railroad crossings since the street continues to be chronically blocked by trains. This section of Magnolia Avenue is not needed by vehicular traffic and its closure is supported by many in the community. Magnolia Avenue will continue to remain a public street between the railroad tracks. Once the closure is complete, this area will effectively have a quiet zone since the rail crossings will no longer exist. TPW presented this street closure to the Plan Commission on September 24, 2008. The Plan Commission recommended allowing it with the stipulation that an emergency access easement be constructed. TPW intends to construct the easement and erect closure barricades under the Magnolia Avenue Railroad Crossing Grant Project. This project is located in COUNCIL DISTRICT 8. http://apps.cfwnet.org/council�acicet/mc review.asp?ID=11565&councildate=4/28/2009 4/3/2013 M&C Review FIS�AL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manaqer's Office by_ Fernando Costa (6122) Originating Department Head: Additional Information Contact: ATTACHMENTS Magnolia Closure M&C Exhibit.pdf William Verkest (7801) Russ Wiles (7978) http://apps.cfwnet.org/council�acket/mc review.asp?ID=11565&councildate=4/28/2009 Page 2 of 2 4/3/2013