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HomeMy WebLinkAbout025111 - Construction-Related - Contract - The Ruth Ray and H.L. Hunt Foundation, The Ruth Foundation, and Hunt-Woodbine Realty Corporation`.o. E.. 1.Jo. DRAINAGE EASEMENT COY CNTRACT NSECRETARYO. a 511 STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS THAT: COUNTY OF TARRANT § THIS GRANT OF EASEMENT is hereby made and entered into as of the a AA day of 1999, by and between THE RUTH RAY AND H.L. HUNT FOUNDATION, THE RUTH FOUNDATION (collectively, the "Foundations"), and HUNT -WOODBINE REALTY CORPORATION ("HWRC") (Foundation and HWRC are hereinafter referred to collectively as "Grantor", except where the context otherwise indicates that a reference to "a Grantor", "such Grantor", or other words to similar effect is intended to refer only to one such party), to and in favor of CITY OF FORT WORTH, a municipal corporation of Tarrant and Denton Counties, Texas, whose address is 1000 Throckmorton Street, Fort Worth, Texas 76102 (hereinafter referred to as "Grantee"). WITNESSETH WHEREAS, the Foundations and HWRC are the owners of that certain real property located in Tarrant County, Texas, more particularly described on Exhibit "A" attached hereto (the "Easement Tract"). WHEREAS, Grantee is in need of an easement for drainage across, upon, over and under the Easement Tract. NOW, THEREFORE, for TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby GRANTS, SELLS, AND CONVEYS unto Grantee a perpetual easement across, upon, over, and under the Easement Tract, subject to the terms and provisions of this instrument. TO HAVE AND TO HOLD the Easement Tract unto Grantee, for the Permitted Uses (as hereinafter defined) forever. The easement rights granted herein shall be subject to the following terms and provisions: 1. Drainage Easement. Grantee shall have the nonexclusive right to use the Easement Tract, without interference from Grantor or any person or entity claiming by, through, or under Grantor, for the construction, maintenance, repair, and operation of drainage facilities (the "Drainage Facilities") for the purpose of surface water drainage and transmission, and storm water runoff from the Property, upon, across, over, and under the Easement Tract and such additional uses as shall from time to time be incidental thereto (collectively, the "Permitted Uses"). DAL:240457.2 18464.93110 1ciiAic©D CMK,__,RM�Y 2. Grantor's Rights. Grantor or its successors -in -title to the Easement Tract shall be entitled to use the Easement Tract for such other uses and purposes as shall, from time to time, be consistent with and shall not interfere with the use of the Easement Tract by Grantee for the Permitted Uses. In no event, however, may any buildings or improvements of any kind, other than driveways, parking lots, and similar items, be located by Grantor or its successors -in - interest within the Easement Tract. 3. Indemnification by Grantee. To the extent permitted by law and .without setting aside sums in trust to pay the same, Grantee hereby agrees that it will indemnify and hold harmless Grantor - and/or its officers, directors, agents, servants, employees, parent company, and subsidiaries from any and all suits, actions, judgments, and reasonable attorneys' fees, costs, -and expenses arising from any suits, actions, or claims of any character, type, or description brought or made for or on account of any injuries or damages . received or sustained by any person or persons or property, proximately caused by, acts- or omissions, where, there is a legal or contractual duty to act, of Grantee or its agents, employees, licensees, or invitees in connection with the construction, maintenance and repair of the easement granted herein. 4. Entry by Grantee. Grantee shall have the right to enter upon the Easement Tract at any time and from time to time and remove any and all shrubs, and/or other vegetation, as well as any and all other natural or man-made features of any kind or nature which may interfere with the use of the Easement Tract by Grantee for the Permitted Uses. 5. Maintenance. Grantee shall be responsible for maintenance of the Drainage Facilities, -and all costs or expenses incurred by Grantee in connection with its use of the Easement Tract for the Permitted Uses. 6. Restoration. Grantee, by accepting delivery of this instrument, hereby agrees, at its sole . expense, to restore, within thirty (30) days after substantial completion of any construction or maintenance by or on behalf of Grantee with respect to the Easement Tract, the surface of the land, including any ground covers, plantings, sidewalks, driveways or paths, after the initial construction and any reconstruction, maintenance, repair, replacement, or removal of said Drainage Facilities, as near as practicable to the condition found prior to each such operation. Grantee further agrees that if such repairs are not complete within thirty (30) days after the work is finished, Grantor may give Grantee written notice of breach. If, at the end of five (5) days after such written notice is given, subject to Unavoidable Delay, as provided herein, Grantee has not commenced the repairs or does not diligently pursue the repairs to completion, Grantor will have the right to make the repairs without any further notice to Grantee, and Grantee will be liable to Grantor for the full, reasonable cost of such work performed. Grantee shall pay the amount billed by Grantor to Grantee therefor within thirty (30) days after invoice. 2 DAL:240457.2 18464.93110 7. Unavoidable Delays. The provisions of this Section shall be applicable if there .shall occur any (i) strike(s), lockout(s), or labor dispute(s), (ii) inability to obtain labor or materials, or reasonable substitutes therefor, or (iii) acts of God, governmental restrictions, regulations or controls, enemy or hostile governmental action, civil commotion, fire, or other casualty or events, beyond the reasonable control of the party obligated to act ("Unavoidable Delay"). As the result of any of the above -described events, if either party shall fail punctually to perform any obligation on its part to be performed under this instrument, then, upon written notice to the other, within ten (10) days of such event, such failure shall be excused and not be a breach of this instrument by the party claiming Unavoidable Delay, but only to the extent occasioned by such event. If any right or option of either party to take any action under or with respect to this' instrument is conditioned upon the same being exercised within any prescribed period of time or at or before a named date, then such prescribed period of time or such named date shall be deemed to be extended or delayed, as the case may be,. upon written notice, as provided above, for a time equal to the period of Unavoidable Delay. Notwithstanding anything contained herein to the contrary, the provisions of this Section shall not be applicable to Grantee's obligation to pay any sums, monies, costs, charges, or expenses required to be paid pursuant to the terms of this instrument. 8. Notice. Any notice to be given or to be served upon any party hereto, in connection with this instrument must be in writing. If any notice is given (i) by certified or registered mail, it shall be deemed to have been given and received one (1) day after a certified or registered letter containing such notice, properly addressed, with postage prepaid, is deposited., in the United States mail, (ii) by a private delivery service or recognized overnight courier, it shall be deemed to have been given and received when delivered or attempted to be delivered to the address of the party to whom it is addressed, (iii) by facsimile transmission, it -shall be deemed to have been given and. received at the time confirmation of such transmission is received by the sender provided that a copy of such notice is also delivered by a private delivery service or generally recognized overnight courier, or (iv) by any other method, it shall be deemed to have been given and received upon actual receipt thereof regardless of how such delivery was accomplished. Such notices shall be given to the parties hereto at the following addresses and/or facsimile numbers: If to Grantor: The Ruth Ray and H.L. Hunt Foundation 1445 Ross Avenue, Suite 2000 Dallas, TX 75202 Attn: Secretary FAX: 214/855-6965 and The Ruth Foundation 1445 Ross Avenue, Suite 2000 Dallas, TX 75202 3 DAL240457.2 18464.93110 Attn: Secretary FAX: 214/855-6965 and Hunt -Woodbine Realty Corporation 1445 Ross Avenue, Suite 2000 Dallas, Texas 75202 Attn: Eugene K. Sanger Tel.: 214/978-8686 FAX: 214/855-6999 with copies to: Woodbine Development Corporation 5000 Fountain Place 1445 Ross Avenue Dallas, Texas 75202 Attention: Timothy E. Stiles Tel: 214/855-6000 FAX: 214/855-6029 and Charles W. Morris, Esq. Brown McCarroll & Oaks Hartline 300 Crescent Court Suite 1400 Dallas, Texas 75201 Tel: 214/999-6100 FAX: 214/999-6170 If to Grantee: City of Fort Worth Real Property Management 1000 Throckmorton Fort Worth, Texas 76102 Phone: (817) 871-8382 Facsimile: (817) With a copy to: City of Fort Worth Project Manager Fort Worth, Texas 76102 Phone: (817) Facsimile: (817) 4 DAL:240457.2 18464.93110 Any party hereto may at any time, by giving five (5) days' written notice to the other party hereto, designate any other address in substitution of the foregoing address to which such notice shall be given. 9. Property Title. No warranty of title to any property is given hereunder, and the easement herein given to Grantee is subject to all encumbrances, conditions and reservations upon or under which Grantor holds its property. 10. Entire Agreement. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect except a subsequent modification in writing, signed by the party to be charged. 11. Successors and Assigns. Every obligation of this instrument shall run with the land and shall be binding upon the party making or assuming such obligation and such party's successors and assigns, and shall inure to the benefit of all other parties hereto and their successors and assigns. Upon any sale or transfer, including any transfer by operation of law, of any parcel, the seller or transferor shall be relieved from all subsequent obligations and liabilities arising under this instrument. Any transferee of any party shall automatically be deemed, by acceptance of the title - of such parcel, or portion thereof, to have assumed all obligations hereof relating thereto arising on or after the date of transfer, and to have agreed to do any and all things reasonably required to carry out the intention of the provisions hereof; but nothing herein contained shall be deemed to relieve the transferor of such parcel from its obligations hereunder which arose prior to such transfer. 12. State Law. The instrument has been executed and delivered in the State of Texas and shall be construed in accordance with the laws of the State of Texas. 13. Captions. Captions, titles to sections, and paragraph headings used herein are for convenience or reference and shall not be deemed to limit or alter any provision hereof. 14. Terms. The terms "Grantor" and "Grantee" as used herein shall be deemed to be plural, when required to be so, and shall include the successors and assigns of the parties hereto. 15. Effectiveness of Agreement. Notwithstanding anything herein to the contrary, the agreement shall not be effective for any purpose until all parties shown below have executed this document and it has been filed of record in the county in which the property subject to the Easement is located. 5 DAL:240457.2 18464.93110 IN WITNESS WHEREOF, this instrument is executed effective as of the date first written above. [SIGNATURES ON FOLLOWING PAGES] T DAL:240457.2 18464.93110 SIGNATURE PAGE FOR THE RUTH RAY AND H.L. HUNT FOUNDATION ATTACHED TO DRAINAGE EASEMENT BETWEEN THE RUTH RAY AND H.L. HUNT FOUNDATION, THE RUTH FOUNDATION, HUNT -WOODBINE REALTY CORPORATION AND CITY OF FORT WORTH THE RUTH RAY AND H.L. HUNT FOUNDATION, a Texas non-profit corporation By:� Gf�i-i2— Name: ,'c w,- A - / ccA(.4A ) Title: w STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged be re me on the S� ° day of /f ,4 '/ 1999, by etc,a, ,eD A, f4Asa.�.a.,), \/1 c s i-'€�of THE RUTH RAY and H.L. HUNT FOUNDATION, a Texas non-profit corporation, on behalf of the corporation. • , Notary Public in and for the State of Texas w No ry P C. (Nash 7 DAL:240457.2 18464.93110 SIGNATURE PAGE FOR THE RUTH FOUNDATION ATTACHED TO DRAINAGE EASEMENT BETWEEN THE RUTH RAY AND H.L. HUNT FOUNDATION, THE RUTH FOUNDATION, HUNT -WOODBINE REALTY CORPORATION AND CITY OF FORT WORTH THE RUTH FOUNDATION, a Texas non-profit corporation By: ame: ,fis a,e.D . M As s tic - n/ Title: STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on the -3 D day of Mme e A` , 1999, by l€ )a#Akb A -55, , of THE RUTH FOUNDATION, a Texas non-profit corporation, on behalf of the corporation. C. 3 ` Y otary patricla C. Nash +rF iVc ary Publk. Site of Ta= M, �� romm, Expires 1Z13U01 8 DAL:240457.2 18464.93110 Public in and for the State of Texas SIGNATURE PAGE FOR THE HUNT -WOODBINE REALTY CORPORATION ATTACHED TO DRAINAGE EASEMENT BETWEEN THE RUTH RAY AND H.L. HUNT FOUNDATION, THE RUTH FOUNDATION, HUNT -WOODBINE REALTY CORPORATION AND CITY OF FORT WORTH HUNT -WOODBINE REALTY CORPORATION, a Delaware corporation By: ,,/Name: -i2 cep L• b� ) Title: j1.c c Ta ", STATE OF TEXAS COUNTY OF DALLAS f - This instrument was acknowledged before me on the 1 Jtj day of , 1999, by 2 k Y'i r-ia �i - (i bt0o4 Iii '(.Q.2uo!Std1ct of HUNT -WOODBINE REALTY CORPORATION, a Delaware corporation, on behalf of the corporation. L/L JhJUa,&' Notary P4bJc in an for the State of Texas E DAL:240457.2 18464.93110 SIGNATURE PAGE FOR CITY OF FORT WORTH ATTACHED TO DRAINAGE EASEMENT BETWEEN THE RUTH RAY AND H.L. HUNT FOUNDATION, THE RUTH FOUNDATION, HUNT -WOODBINE REALTY CORPORATION AND CITY OF FORT WORTH CITY OF FORT WORTH By: .-Name."-4 i Title: A,sisr r CM Mq J.gyvz_ APPIOVED AS TO FORM AND LEGALITY d Assistant City Attorn ATT T: City Secretary STATE OF TEXAS COUNTY OF TARRANT L, /zsc- Contract Authorization Date This instrument was acknowledged before me on theday of 1999, iI by rn„-n�,a:; a�, �' of the City of Fo ort a municipal corporation of Tarr nt and Denton Counties�s, on behalf f said n ElLill] ODLE Notary Public i for thState of BLICxas29-2002 10 DAL:240457.2 18464.93110 AFTER RECORDING RETURN TO: Jeffrey D. Baustert, Esq. Brown McCarroll & Oaks Hartline 300 Crescent Court Suite 1400 Dallas, TX 75201 11 DAL:240457.2 18464.93110 EXHIBIT "A" DRAINAGE EASEMENT BEING a tract of land situated in the J. M. Robinson Survey, Abstract No.1345, City of Fort Worth, Tarrant County, Texas and being portion of Parcel H-2 and Parcel H-3 as described by deed to The Ruth Ray and H. L. Hunt Foundation and recorded in Volume 13026, Page 346, County Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at the most easterly southeast corner of Parcel H-2 as described by deed to The Ruth Ray and H. L. Hunt Foundation and recorded in Volume 13026, Page 346, said County Records; THENCE S 66°30'50"E, 7.50 feet; THENCE S 23°29'10"W, 42.88 feet; THENCE S 54°57'32"W, 79.96 feet to the beginning of a non -tangent curve to the left; THENCE 15.06 feet along the arc of said non -tangent curve to the left through a central angle of 03°27'08", a radius of 250.00 feet and a long chord of N 40°12'34"W, 15.06 feet; THENCE N 54°57'32"E, 77.09 feet; THENCE N 23 °29' 10"E, 28.31 feet; THENCE N 59°26'40"E, 12.77 feet to the POINT OF BEGINNING and containing 1,749 square feet or 0.040 acres of land, more or less. • 2 N/; a 's X07 fi=r `Iw2 °t C �,� d N 9F�•c^ G'.?� N off''` •, g N ami D m rn I1 m - O C A, Raj ;gym n � 0 J. INAI• W©L.:)QUV c�J©UCl @JV� I U T L C4 1©. 1I a DATE• 22 -JAN -99 14.05 o FILE. J.\J00\ 9616601 a\ 5UR\660V 14E4.DGN �r� Carter Burgess Exwe17 srrowwc DATE 1-22-99 SHT. NO. DRAWN; ; SMB e..Iro�:� nmi,Ero. »nM,weMiw .n. DRAINAGE EASEMENT.. DESIGNED' . ' } CARTER & BURGESS, INC. 3000 H00/TIUIEN SET TOOT NORIH,1% 76107.7234 SITUATED IN THE J. 0. 003050/ SIRK0. T, ABSTRACT x 1545., RR CITY OF FORT WORTH, TAANW T COTY, TEXAS. JOB NO. 961660-024 CHEC>:KED >J:F.K. \ A I GARY GRIFFIN, LAND AGENT CITY OF FORT WORTH REAL PROPERTY MANAGEMENT 927 TAYLOR FORT WORTH, TEXAS 76102 City of Fort Worth, Texas "Ador And Council commu"icatio" DATE REFERENCE NUMBER LOG NAME PAGE 7/20/99 **L-12554 30SEVEN 2 of 2 SUBJECT AUTHORIZATION FOR THE ACCEPTANCE OF.SEVEN PERMANENT DRAINAGE AND TWO PERMANENT SANITARY SEWER EASEMENTS FOR DOE 2503 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Street Improvements Fund. MG:k G Submitted for City Manager's Office by: Mike Groomer 6140 A. Douglas Rademaker 6157 Contact: A. Douglas Rademaker 6157 FUND I ACCOUNT I CENTER I AMOUNT N7 CITY SECRETARY APPROVED CITY COUNCIL JUL 20 1999 L. r4M4-I City Secretaryof the City of Fort Worth, Texas City of Fort Worth, Texas qvagor and Council commu"icatio" DATE REFERENCE NUMBER LOG NAME PAGE 7/20/99 **L-1 2554 30SEVEN 1 of 2 SUBJECT AUTHORIZATION FOR THE ACCEPTANCE OF SEVEN PERMANENT DRAINAGE AND TWO PERMANENT SANITARY SEWER EASEMENTS FOR DOE 2503 RECOMMENDATION: It is recommended that the City Council approve the acceptance of seven permanent drainage easements and two permanent sanitary sewer easements for a total cost of $31.00. DISCUSSION: These permanent drainage and sanitary sewer easements are necessary for construction and maintenance of drainage and sewer improvements to the Hills at Fossil Creek development. The property is located in north Fort Worth near the intersection of Fossil Creek Boulevard and North Beach Street and are further described as follows: Owner Type Legal Description Area Square Feet Cost Pulte Homes of DE/SSE A portion of Tract OS -7 of the Texas, LP J. M. Robinson Survey, A-1345, Tarrant County, Texas The Ruth Ray and DE A portion of Parcel H-2 of the H. L. Hunt Foundation, J. M. Robinson Survey, A-1345, The Ruth Foundation Tarrant County, Texas & Hunt -Woodbine Realty Corporation Same DE (5) A portion of Parcels H-1, H-2 and QS -7 of the J. M. Robinson Survey, A-1345, Tarrant County, Texas Same SSE A portion of Parcels H-1 and QS -7 of the J. M. Robinson Survey, A-1345, Tarrant County, Texas DE 1,896 $ 1.00 SSE 1,920 1,749 $10.00 (1) 1,800 $10.00 (2) 2,038 (3) 2,448 (4) 3,496 (5) 328 826 $10.00 TOTAL $31.00 This property is located in COUNCIL DISTRICT 4, Mapsco 49D and 50A.