HomeMy WebLinkAboutContract 62809Cfty Secre�tary -..1 ..
CoMract No � < C
COMPROMISE SETTLEIVIENT AGR�EMENT AND RELEA SE OF ALL
CLAIMS AND ALL�GATIONS
I. RECIT.A.LS
WHEREAS, Alexander• McMillan and Claire McMillan, (hereinafter
"Landowners") alleged damages against the City of Foi-t Worth ("City") for allegedly
trespassing at 4521 Donnelly Avenue, Fort Worth; Texas 76107, J. I�inder Survey, Abstract
Nuinber 89, Lot I2, Blocl� l, Chamberlain Arlington Heights Addition ("Properiy")
WHEREAS, the City is in need of a Perinanent Sewer Facilii-y Easeinent on a
poz-tion of the Landowners' Property ("Easement Property") for the construction,
operation, rnaintenance, replacement, upgracie; inspection and repair oiaPermanent Sewer
Facility ("Facility").
WHEREAS, the Facility izicludes all incidenial undergiouild and aboveground
attachments, equipinenf and appurtenances, solely relating to the operation and
inainienance of the Facility, including, but not limited to manholes, inanhole vents, lateral
line connections, pipeliries, and junction boxes in, upon, unde�• and across a portion o� the
Easement Property, more fully described in E�ibit A and E�ibit B attached hereto and `
incorporated herein for all pertinent purposes, together with the right and privilege at any
and all tiilles to enter Easeinent Property, or any pai-t thereof, including ingress and egress
through the Landowner's adjoining property; for the purpose of constructing, operating;
tn.aintaining, replacing, upgrading, inspecting and repairing said Faczlity.
WHEREAS, The Landowners have agreed to compromise and settle all claims, and
future causes of action of an�y kuici, which Landowners believe they have against the City,
its agents, employees, worlcers and representatives, and all others connected with or in
privity with the City, arising out of or conr�ected in any way with the City's existing sewer
line ihat is under Landowners' properry and the Facility described hexein, in consideration
of payment by the City to tlle Landowners and their attorney Munsch Hardt Kopf & Harr,
P,C., the sum of Seventy Thousand pollars and 00l100 ($70,000.00); and
WH�REAS, the City has agreed to the payment terms described above in
compromise and settleznent of the disputed claim(s) and to acquire the Facility described,
and in order to avoid iurther time eonsuming and cost oflitigation.
II. TERIVIS
NOW, THEREF4RE, in consideration of the recitals set forth above, the ir�utual
promises and agreeinents made herein, and otller valuable consideration, the receipt and
sufficiency of which is acknowledged by all parties, the City and Lar�downers agree that:
Coiripromise Settle�nent,4greerizent ar�d Reledse ofAll Glainas a�ad Allegatzof7s — F;_���;r�� ��f
�1521 Donnelly Avenue, Fort i�o�•th, Texas Page 1
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1. Landowiiers, for aiid in consideration of pay�nent by the City of Foz�
Woi`th to Landowners a�icl tl�eir attorney; Munsch Hardti I�opf & Flarr, P.C., the
suln of Sixty Nine Thousand, Niire Hundred and Ninety Dollars and 00/100
("$69,990.00") for the depreciated value oi the Property and fo� tl�e purchase of
t11e Perinanent Sewer Easement, and Ten Dollars and 00/100 ("$10.00"), totaling
Seventy Tllousand Dollars and 00/100 ($'10,000.00) in iull and final settlement of
all claims and allegatiolls agai�st the City, its agents, employees, worlcers or
representatives, arising oui: of Landowners' allegations of trespass by the City at
the Easeuient Propei-ty, and for the easeznent attacl�ed as Exhibit C to this
agreeznent. As a pat�t of this Agreement and at the execution theieof, Landowners
agree to grant, sell and convey to the Czty, its successors and assigns forevei:, an
exclusive, perpetual easement by executing E�ibit C attached, for the City's
constiuction, operation, znaintenance, replacement, upgrade; inspection, and repair
of a Per�nanent Sewer Line Facility at the properi.y idezatified herein and detailed
in the attached E�ibits A and B. The receipt and sufficiency of. such consideration
being hereby acic.i7owledged and confessed by Landowners, does for the
Landowneis, their heirs, represen�atives, successors and assigns, unconditionally
release, acquit and foi:ever discharge the City of I',ort Worth, and its agents,
einployees, worleers and representaiives, and all others co�a�lected with or in privity
with the City of Fort WoY-th, oF and froin any and all claims and allegations of
every lcin.d, character or nature whicli said Landowner5 might assert by reason of
the above described acquisition and trespass allegations.
2. In consideration oi'the payznent described above, the landowners agree to
indemnify and forever hold harinless and defend the City of Foi�t VJoI•th, and all
agents, employees, workers and represeni:ati�es of the City o� Bort Worth, and all
others connected wiih or in priviiy with the City of Fort Worth, its heirs,
represenfatives; successors and assigns; froin any and all claixns or causes of
action, iricluding any costs or expenses in connection therewith, which inay
hereafter be brought by the Landowziers; or by anyone on their behalf, a.rising out of
the above described tres�ass allegations and aequisition of the I'aoiliiy,
3: Future Per�nits. The City acicnowledges Landowners acquzred the
Property with improvements; within fhe boundaries of the Permanent Sewer
Easement. The City of Fort Worih agrees these ilnpz'ovements were lawfully
constructed, and agrees they inay coni:inue to lawfully eYist as conforming
struct-ures, subject to City Ordinances, County Ordinanees, aud State law. ruture
permits to maintain, deinolish, or reconstruct ihose iinprovements shall be subject
to applicable City of Fort Worth Ordinances; but will not be denied by the City of
Fart Worth solely on the basis of the �'ennanent Sewer Easeinent. However, no
pier-and-beam foundations shall be �et�rnitted witllin the Permanent Sewer
�asement.
Compf•on�ise Settlement Agi�een�ent and Reledse of �III Claints artd Allegatiotls —
�1521 Dof�ne[ly Averzue, Fort Wo�71�, Texas Page 2
4. Taxes. The Pai�ties will report, as znay be required by law, their respective
paylnents and receipts of the ainounts c�escribed herein. The Landowz�ers ai�d their
attorney acknowledge and agree that; (1) ihe City and its counsel have made no
represeniations 1;a the Landowners or their counsel regarding ihe tax consequences
of the payments made to thein and their attorney under this Comp�oinise
Settlement Agre�ment and Release of all Clailns and Ailegations ("Agreement");
and (2) Landowners and "their attorney are ultiinately responsible for deterinining
the taxability of atzy of 1:11e payinents znade in this Agreement, and for paying taxes
(federal, state; or otherwise), if a�xy, which any taxing authority determines or
claims are owed wiih respect to such payments.
5. The release of claims contained lierein is given with full lcnowledge of all
parties to this Agreement tliat there is a dispute on the part of the City regarding
whether or not it would be liable �or any dalnages as a result of the Landowners
frespass allegations. The City intends through and by this settlement; merely to
buy its peace. Landowners and their attorney, Munsch Hardt I�opf & Harr, P,C.,
acknowledge they are the only parties entitled to the proceeds of this settlement.
and agree to defend and indei�nn,ify the City of Fort Worth and a11 persons or
entities connected ��ith the City of Fort Worth against any person or entity who
claims to be entitled to the proceeds of this settleinent:
6. This Agreement may be executed in a number of identical eounterparts;
each of which shall be daeined ail original for all purposes. The Parties agree that
this Agreement contains the entire agreement between the Parties and supersedes
any and all prior agreements, arrangements, or undertal�ings between the Parties
relating to the subjeet matter. No oral understandings, statements; promises, or
inducelnents contrary io the ierins of this Agree�nent exist. This A.graement cannot
be changed orally, and an� changes or arnendments must be signed by all Parties
af%cted by a change or asnendment.
7. Landowners represent and acknowledge that this Agreement has been
read in ifis entirety before signing �nd that ii has been fully explained; in detail, to
tliem by their atCorney and that it is iully understood.
8. Landowners assuine the risl{ of mistatce of fact or law with xegard to any
aspect of this Agreement, trespass allegations, easement acquisitian, or any
asserted rights released by this Agreeinent.
9, By their signatures hereto, Landowners represent and declare that they are
more i;han eighteen (18) years of age and are fully competent io enter into this
Settlement 11:greement, that the representations, declarations and agreements
herein are accurate, liiridiiag, and are contractual in nature and that no
Conrpronzise Settlement Agt�eement a�7d Release ofAll Clainas and Allegations —
�521 Donnelly tivenue; Fo�•t Worth, 'Texas Page 3
representation or agreernent not herein expressed has been lnade to thein as
iiiducement to enter into this Agreeinent.
10. It is understood and agreed thiat this Agz�eement shall be governed by and
construed and enforced in aceordance with, and subject to, the laws of the State of
Texas, to the extent not preempted by �'ederal law.
11. This Agreeinent is the product of negotiations between the Parties, aild no
Party shall be ciaemed to be the draFter of any provision or the entire Agreement.
The wording in this Agreement was reviewed and: aceepted by all Paz-ties after
reasonable time to review with legal counsel; aud no Party shall be entitled to have
any wording of this Agreemerit consti-ued against the other Pat�ty as the clrafter of
the Agreement'in the event of any dispute in connection with this Agreeinent:.
This agreement should be effective as oithe date the �ast party signature is affixed hereto
as indicated by the dates set forth below.
[sXgnature pages follow]
Compron:ise Settleirrer�t,4gr-eement andRelease of�ll Clain7s andAllegations—
�521 Doni7elly Avenue, Fort YYorth, Texas Page 4-
ALEXANDER MGMILLAN,
LANDOWNER
Date: �2��� �Zazc�
STATE OF TEXAS �
COUNTY OF TARRANT �
BEFORE ME; ihe undersigned autliority, on this day personally appeared
ALEXANDER MCMILLAN, lcnown to me to be the pet:son whose name is subscribed
to' the foregoing instruxnent, and acknowleclged to lne that he executed the saine as his
free act and deed %r purposes and consideratioz� iherein expressed:
GIV�N UNDER MY HAND AND SEAI, OF QFFICE this 16 day of ��-- ,
2024.
eeaeeeee ,�,,
�,� MtCHA�t, DONOHUE
r NotaryPi,b��c, state ofT«as Notary ublrc in an for ihe State of Texas
My Camm. Exp, 03-01-2028
ID No,1�47�0868
Co�ftpromise Settle�irer'zt Agree»�entpncl Relezrse ofAll Claims cr��d fillegations —
4521 Donnelly Avenate, Fort Worth, Texas Page 5
' { /�/i✓
CLAIRE MC ILLAN,
LANDOWNER
Date: � 2� � � � j� 2-�
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared
CLAIRE MCMILLAN, known to ine to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that she executed the same as his free act
and deed for purposes and consideration therein expressed.
GIVEN LJNDER MY HAND AND SEAL OF OFFICE this i 6 day of ���'�i ,
2024.
Ci'���-'�iTE'' '^ T'r� " COUi�kT
�F W1TNit� EQ FAYEE
A�i���1�E ENDORSEMENT
UARANTEED
' Y FF��ST BAMK
��
� --
` Notary Public in an& �or the State of Texas
�
. � `ru�("
.rf� MICHAEL C;uNOHU�
., ��� Notary}�blic, State of Texas
� '� My Comm. Es:p. 03-01-2028
� �a� ID No. . `�S
� •��E3A999999696. �
Contpromise Settlement Agi•eenrent curd Release o��All Clnim.r and Allegatioits —
4521 Donnelly Ave�u�e, For! FVorlh, Texas Page 6
APPROVED AS TO �'URM AND SUBSTANCE:
' � � ��es�i`�Sca►.��
Munsch Hardt Kopf &�rr, P.C.
Attorney for Landowners
CITX OF FORT WORTH:
.A.PPR.OVED:
/s/ MelOdy "Mel" Louis Date: � 2�� 3/2024
Assistani City Mana�er
CITY OF rORT WORTH
APPROVED:
Attorney for Defendant, City of Fori Worth
Melody "Me�" Louis
Sr, Assistant City Attorney
ATTEST:
J'annette S. Goodall, City Secretary
Date:
Date:
Comprornise Settlement �Igreement and Release of All Claims and �llegat�on5 —
4521 Donnelly Avenue, Fot�t Worth, Texas Page 7
APPROVED AS TO FORM AND SUBSTANCE:
Maddison Craig
Munsch Hardt Kopf & Harr, P.C.
Attorney for Landowners
CITY OF FORT WORTH:
APPROVED:
/s/ Melodv "Mel " Loicis
Attorney for Defendant, City of Fort Worth
Melody "Mel" Louis
Sr. Assistant City Attorney
Date: 12/13/2024
APPROVED:
, � �,� �
�-� , � ;�; � ., �,
Assistant City Manager , �
CITY OF FORT WORTH
Date: �� �G�oZ
,
ATTEST:
, L -��_ ;� , �
nette S. Goodall, City Secretary
l �
F
Date: �1 �2(� 17C��`'
Con7pron7ise Settle»7ent Agreenaent and Release ofAll Claints and Allegations —
4521 Do��nelly Avemre, Fort YVort7�, Texas
��C�RD�
,�. �E�RETAR�� �'
'�'"��'�TH, i� Page �
NOTICE OF CONFIDENT/ALITY R/GHTS: IF YOU ARE A NATURAL PERSON,
OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM
BEFORE lT lS FILED FOR RECORD lN THE PUBLIC RECORDS: YOUR
NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Permanent Sewer Facility Easement
4521 Donnelly Avenue
Fort Worth, Texas 76107
J. Kinder Survey, Abstract Number 89, Lot 12, Block 1,
Chamberlain Arlington Heights Addition
STATE OF TEXAS
COUNTY OF TARRANT
DATE:
• •
EXHlBIT
YOU MAY REMOVE C
THIS INSTRUMENT
SOCIAL SECURiTY
§
§ KNOW ALL MEN BY THESE PRESENTS
§
CITY OF FORT WORTH
SEWER FACILITY EASEMENT
GRANTOR: ALEXANDER MCMILLAN and CLAIRE MCMILLAN
GRANTOR'S MAILING ADDRESS (inciuding County):
4521 DONNELLY AVENUE
FORT WORTH, TARRANT COUNTY TEXAS 76107
GRANTEE: CITY OF FORT WORTH
GRANTEE'S MAILING ADDRESS (including County):
200 TEXAS STREET
FORT WORTH, TARRANT COUNTY, TX 76102
CONSIDERATION: Ten Dollars ($10.00) and other good and valuabie consideration, the
receipt and sufficiency of which is hereby acknowiedged.
EASEMENT PROPERTY: BEING a tract of land more particularly described in the
attached Exhibit A and Exhibit B.
Grantor, for the Consideration paid to Grantor, hereby grants, sells, and conveys to Grantee,
its successors and assigns, an exclusive, perpetual easement for the construction, operation,
maintenance, replacement, upgrade, inspection 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, relating solely to the operation and
maintenance of the Facility, including, but not limited to manholes, manhole vents, lateral line
SEWER FACILITY EASEMENT �aerWoRr ,
Rev. 20231013
connections, pipelines, and junction boxes in, upon, under and across a portion of the
Easement Property, more fully described in Exhibit A and Exhibit B attached hereto and
incorporated herein for all pertinent purposes, together with the right and privilege at any and
all times to enter Easement Property, or any part thereof, including ingress and egress through
Grantor's adjoining property, for the purpose of constructing, operating, maintaining, replacing,
upgrading, inspecting and repairing said Facility.
In no event shall Grantor use the Easement Property in any manner which interferes in any
material way or is inconsistent with the rights granted hereunder. However, Grantor shall be
allowed to maintain the existing structure within the Easement Property. Additionally, Grantor
shall be permitted to install and maintain other improvements within the Easement Property
provided that: (I) such improvements do not materially interfere with the rights granted
hereunder; (II) such improvements do not require piers; (III) the plans for such improvements
are reviewed and approved in writing by Grantee's Development Services Department; and
(IV) such improvements are in compliance with all applicable ordinances, rules, and
regulations, including zoning standards.
Grantee shall be obligated to restore the surFace of the Easement Property at Grantee's sole
cost and expense, including the restoration of any surface improvements located upon or
adjacent to the. Easement Property 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 improvements
installed in violation of the provisions and intended use of this Easement.
The Facility installed within the Easement Property will be and remain the property of the
Grantee, and the Grantee will be responsible for all maintenance and repairs to the Facility in
accordance with industry standards.
Under Chapter 21, Subchapter E of the Texas Property Code, as amended, the Grantor or the
Grantor's heirs, successors, or assigns may be entitled before the 10th anniversary of the date
of this acquisition to repurchase or request certain information about the use and any actual
progress made toward the use for which this property interest was acquired through eminent
domain, and the repurchase price will be the price the Grantee pays Grantor in this acquisition.
The person signing this document on behalf of the Grantor warrants that he or she has the
legal authority to execute this permanent easement for the purposes and consideration therein
expressed, and in the capacity therein stated, and that such binding authority has been granted
by proper order, resolution, ordinance or other authorization of the Grantor. Grantee is fully
entitled to rely on this warranty and representation in accepting this permanent 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, its
successors and assigns, forever; and Grantor does hereby bind itself, its heirs, successors
and assigns, to warrant and forever defend, all and singular, the said easement unto Grantee,
its successors and assigns, against every person whomsoever lawfully claiming or to claim the
same or any part thereof.
This document may be executed in multiple counterparts, each of which will be deemed an
original, but which together will constitute one instrument. When the context requires, singular
nouns and pronouns include the plural.
SEWER FACIUTY EASEMENT FORT W4RTH�
Rev. 20231013
Grantee may execute this document by electronic signature, which will be considered as an
original signature for all purposes and have the same force and effect as an original signature.
For these purposes, "electronic signature" means electronically scanned and transmifted
versions (e.g. via pdf file or facsimile transmission) of an original signature, or signatures
electronically inserted via software such as Adobe Sign.
[signature pages follow]
SEWER FACILITY EASEMENT CORTWQRTII,
Rev, 20231013
GRANTOR: ALEXANDER McMILLAN
By:
(Print' Name) s��a�'�,�o�.�- G�.e-=+�s�-�. �^G�,.�z«.;�,�
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF TARR/�NT
.
�
BEFORE ME, #he undersigned authority, a Notary Public in and for the State afTexas,
on this day personally appeared Alexander McMillan, known fo me to be fhe same person
whose name' is subscribed to the foregoing instrument, and acknowledged to me that the same
was the act of Alexander McMillan and that they executed the same as the act of said
Alexander McMillan forthe purposes and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND' SEAL OF OFFICE this date of ����'-i��
[SEAL]
�eeeee9
,�, F�ICHA�L DONQHUE
Natary Rzblic, State ofTe�as
p�ly Camm. Fxp, 03-01-2028
� Ip No.134790868
Notary Public, Sta e of Texas
SEWER FACILITY EASEMENT
Rev. 20231013
I'oxr��'o�•rf a
GRANTOR: CLAIF�� McMIL,LAN
% �.'�I(L��IO�►L�/'LI�/%
' - l� `' I/ / .
ACKNOWLEDGMENT
STA7E OF TEXAS
COUNiY OF TARRANT
,
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Claire McMillan, known to me to be the same person whose
name is subscribed to the foregoing instrument, and acknowledged to me #hat the same was
the act of Claire McMillan and that they executed the same as the acfi of said Claire McMillan
for the purposes and consideration therein expeessed and in the eapacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this date of �G r������ .
[SEAL]
���
,,� iUIICFI/�EL DONOHUE
Notary }Edblic, Stete aFTexas
My Comm. �acp. 03-81-Zb2B
Iq'No.13479DS68
SEWER FACILITY EASEMENT
Rev. 20231013
�
Notary Public, State of Texas
f€�t�rVirbxx� ,
ACCEPTED BY:
STATE OF TEXAS §
§
COUNTY OF TARRANT §
GRANTEE: City of Fort Worth
By: _
(Name)
(Title) _
APPROVED AS TO FORM AND LEGALITY
By: _
(Name)
(Title) _
ACKNOWLEDGMENT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of TeXas,
on this day personally appeared ,
of the City of Fort Worth, a Texas home rule
municipal corporation, 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 they 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 date of
(SEALj
Notary Public, State of Texas
SEWER FACILITY EASEMENT I'ORTWQRTE ,
Rev. 20231013
.�'XHIBIT 'A "
r2'S�1NIT14RYSEWER EASEMENT
r,,SooSQFTOIZ o.o,3¢ACRESOFI.f1ND
J. KINDER SIlR UEY, A.BSTRACT 893
CIlYOFFORTWOIZTH, TARI�INTCOIlN7Y, TEXf1S
��t .l� �;l��Z��c� ;
5.1w�t�1 ,��•-� rlc�•�
�,��,,�; `ti, . L4
� D218135119 10'X10'
O. P. R. T. C. T. FUTURE
DEDlCATION
_ 1 2 /RF �
3/8 /RF L2 ALLEY
/8 IRF*_ 1 2/RF � ��Z lRF N 89°54'49" W 288.00'
�
I �-225.00' 74.80
2
� SANITARY SEWER FORTCWORTH
� EASEMENT LAND. COMPANY LOT 1R
� 1,500 SQUARE FEET ARLINGTON HEIGHTS ADD BLOCK 37
� VOL. 204-A, PG. 137 ( � _� FORT WORTH LAND. Co I
o O R 0.034 AC R ES P. R, T. C. T. �� ARL(NGTON HEIGHTS ADD.
� � � � � � I INST. N0. D216223539 I
a
P M � O. P. R. T. C. T.
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� 15 14 13 12 �1 10 g 3
m BLOCK 1
� CHAMBERLAIN ALEXANDER MCMlLLAN
� ARLINGTON NEIGHT ( (& CLAIRE MCMILLAN, � �
VOL. 63, PG. 40 HUSBAND AND WIFE
� P. R. T. C. T. INST. N0. � �
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(]6' RIGHT-OF-WAY) � —�
— —,— —T— —.— —,— —�— �-- —, � —�— �
UNE TABLE
LEGEND:
LINE# BEARING LENGTH O �I.O SO
POB POINT OF BEGINNING
Poc POIM OF COAIMENCING L1 S00°05'11"W 125.00'
IRF IRON ROD FOUND L2 rvss°sa�as��w �2.00� GRAPHIC SCALE IN FEET
L3 N00°05'11"E 125.00'
NOTES:
i. LEGAL DESCRIPTION OF EVEN DATE
ACCOMPANIES THIS EASEMENT DRAWING.
2. BEARINGS REFERENCED TO 7HE TEXAS
STATE PLANE COORDINATE SYSfEM,
NORTH CEMItAL ZONE, NAD '83. ALL
DISTANCES ARE GROUND DISTANCES.
city of
Fort Worth .
:
�
_ � DONNELLY AVENUE
�— (FORMERLY 16TH ST)
(80' RIGHT-OF-WAY)
10 X 10'
PO B FUTURE
DEDICATIO� � PO
SHIELD
ENGINEERING GROUP
TBPELS • En_yiner.ring #F-17039 • Surveyin� #10193090
iG00 West 7th Strent, Suite d00, Fort Worth, TX 76102 • 617.&10.0696
,�P�� � � r ' TF-f
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...�.......�.........
CODY WATSON
' �:� o�,o eoS o�P�o� .
N ���. SURv�y
CODY WATSON
R.P.L.S. No. 7056
DATE D: 05-10-2024
.�'XHIBIT 'B"
r2'SANITARYSEWEREASEMENT
r,5oo SQFI'OR o,o34ACRESOFI.AND
J. KINDER SURT�'Y, ABSTRACT893
CITYOFFORT WOI2TH, TARIZAN'!'COIINTY, TEXAS
COMMENCING AT A 1/2 INCH IRON ROD FOUND BEING THE NORTHEAST CORNER OF LOT 1R , BLOCK 37, FORT WORTH LAND COMPANY
ARIINGTON HEIGHTS ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, AS SHOWN ON THE PLAT THEREOF
RECORDED IN INSTRUMENT NUMBER D216223539, OFFICIAI PUBLIC RECORDS, TARRANT COUNTY, TEXAS (O.P.R.T.C.T,) AND BEING THE
INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF DONNELLY AVE (FORMERLY 16TH STREET, A 80 FOOT RI6HT-OF-WAY) AND THE WEST
RIGHT-OF-WAY LINE OF WESTERN AVENUE (FORMERLY HOPKINS STREET, A 60 FOOT RIGHT-OF-WAY);
THENCE NORTH 89°54'49" WEST, WITH TNE COMMON NORTH LINE OF SAID lOT 1R AND THE SOUTH RIGNT-OF-WAY LINE OF SAID DONNELLY
AVE, PASSING AT A DISTANCE OF 74.81 FEETTHE COMMON NORTHWE5T CORNER OF SAID LOT 1R AND THE NORTHEAST CORNER OF LOT 3,
N BLOCK 37, FORT WORTH LAND COMPANY ARLINGTON HEIGHTS ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY,
N TEXAS, A5 SHOWN ON THE PLATTHEREOF AND RECORDED IN INSTRUMENT VOLUME 204-A, PAGE 137,P.R.T.C.T., PASSING AT A DISTANCE OF
0 225.00 FEET, THE COMMON NORTHWEST CORNER OF LOT 9 OF SAID SAID BIOCK 37, VOL 204-A AND THE NORTHEAST CORNER Of LOT 10,
o BLOCK 1 OF AFOREMENTIONED CHAMBERLAIN ARLINGTON HEIGHTS, CONTINUING ATOTAL DISTANCE OF 288.00 FEET TO THE POINT OF
,;; BEGINNING;
THENCE SOUTH 0�°05'11" WEST, OVER AND ACROSS THE AFOREMENTIONED LOT 12, A DISTANCE OF 125.00 FEETTO A POINT IN THE
COMMON SOUTH LINE OF SAID LOT 12 AND THE NORTH RIGNT-OF-WAY LINE OF AN ALLEY (A 16 FOOT RIGHT-OF-WAY);
THENCE NORTH 89°54'49" WEST, WITH SAID COMMON SOUTH IINE AND NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 12.00 FEET TO THE
COMMON SOUTNWEST CORNER OF SAID LOT 12 AND THE SOUTHEAST CORNER OF LOT 13, OF SAID BIOCK 1;
THENCE NORTH 00°05'11" EAST, WITH THE COMMON WEST LINE OF SAID LOT 12 AND THE EAST LINE OF SAID LOT 13, A DISTANCE OF 125.00
FEET TO THE COMMON NORTHWEST CORNER OF SAID LOT 12 AND THE NORTHEAST CORNER OF SAID LOT 13 AND BEING IN THE SOUTH
RIGHT-OF-WAY LINE OF AFOREMENTIONED DONNELLY AVENUE;
BEING A TRACT OF LAND SITUATED IN THE 1. KINDER SURVEY, ABSTRACT NUMBER 893, CITY OF fORT WORTH, TARRANT COUNTY, TEXAS, AND
BEING A PORTION OF LOT 12, BLOCK 1, CHAMBERIAIN ARLINGTON HEIGHTS, AN ADDITION TO THE CITY OF FORT WORTN, TARRANT COUNTY,
TEXAS, AS SHOWN ON THE PLAT THEREOf AND RECORDED IN VOLUME 63, PAGE 40, PLAT RECORDS, TARRANT COUNTY, TEXAS (P.R.T.C.T.)
AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
City of
Fort Worth
:
:
THENCE SOUTH 89°54'49" EAST, A DISTANCE OF 12.00 FEETTO THE POINT OF BEGINNING AND CONTAINING 1,500 SQUARE FEET OR
0.034 ACRES OF LAND, MORE OR LESS.
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iii
NOTES:
1. EASEMENT DRAWING OF EVEN DATE ACCOMPANIES THIS LEGAL
�ESCRIPTION.
2. BEARINGS REFERENCED TO THE TEXAS STA7E PLANE COORDINA7E
SYSiEM, NORTH CEMRAL ZONE, NAD 'B3. ALL DISiANCES ARE
GROUND DISTANCES.
SHIELD
ENGINEERING GROUP
TETPELS • Engineeriny �iF•11039 • Surveying #10193II90 ;
16�0 West 7th Strer.t, Suite 400, porf Wortfi, TX 76102 • 817.810.0696
/ �,�P� � �rFR�-�-�
Q' � ��• �
.....................
.. CODY WATSON
...............
�•: °,po 7056 P�. .
��°FsuR���o�
CODY WATSON
R.P.L.S. No. 7056
DATED: 05-10-2024