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HomeMy WebLinkAbout025114 - Construction-Related - Contract - AIL Investment, L.P.CITY SECRETARY 5/ CONTRACT NO. DEDICATION DEED THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT That AIL INVESTMENT, L.P., a Texas limited partnership ("Grantor"), for and in consideration of the acceptance of the terms, conditions and reservations contained herein by THE CITY OF FORT WORTH, TEXAS, a municipal corporation of Tarrant County, Texas ("Grantee"), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Has GRANTED and CONVEYED, and by these presents does GRANT and CONVEY, unto Grantee, as a dedication for the uses set forth herein, all of that certain tract of real property situated in Tarrant County, Texas described in Exhibit "A" attached hereto and made a part hereof by reference (the "Property"). This conveyance of the Property is made and accepted subject to the following (the "Permitted Exceptions"): (i) the restrictions hereinafter set forth, (ii) the easements reserved as set forth in Exhibit "B" attached hereto and made a part hereof by reference, and (iii) all other matters of recording the Property that may exist as of the recordation of this instrument. Grantor shall pay all 1998 ad valorem taxes against the Property. The Property is conveyed to Grantee to be used only for the following purposes (the "Permitted Purposes"): the construction, use, maintenance, repair and reconstruction of a public roadway and or any other legal purpose, including without limitation, drainage facilities, utilities, franchises, pipelines and conduits of whatever kind or description, both publicly owned and privately owned, where permitted by Grantee. All facilities constructed on the Property, other than the public roadway, must be buried beneath the surface of the Property (the "Underground Facilities"). Appurtenances to the Underground Facilities that cannot be installed underground but can only be installed on the surface of the Property may be installed on the surface of the Property. Temporary Facilities may be constructed on the surface of the Property or above the surface of the Property. For purposes of this agreement, "Temporary Facilities" shall mean only those surface -mounted or above -ground facilities required to service projects under construction. In no event shall Temporary Facilities be installed for more than two years. Temporary Facilities shall be removed at the expense of the party that installs the Temporary Facilities. Nothing herein shall be construed as requiring Grantee or a permittee of Grantee to bear the increased cost of the underground facilities required by this agreement (as compared to the cost of overhead facilities). There is excepted from this conveyance and reserved unto Grantor all of the oil, gas and other minerals in, on or under the Property; PROVIDED, HOWEVER, THAT GRANTOR SHALL NOT EXPLORE FOR, PRODUCE OR MINE SUCH MINERALS IN ANY MANNER THAT WOULD INTERFERE WITH GRANTEE'S USE OF THE PROPERTY. Grantor hereby retains and reserves a possibility of reverter in favor of Grantor pursuant to which the conveyance hereunder shall be automatically void and the estate granted shall be automatically terminated and forfeited, without the necessity of any notice (except as expressly provided in this Dedication Deed), election or re-entry whatsoever, with respect to any portion of the Property that, for a period of two years (after commencement of use of the roadway that has Page 1 Dedication Deed cbel/1251-deddeed-ail-fw-msf been constructed and opened on the Property) is not used as a public roadway, and Grantor gives Grantee written notice of such condition and such condition continues to exist 60 days following the giving of such notice, whereupon, effective as of the expiration of such 60 -day period, all right, title and interest in and to such portion of the Property and all improvements then existing thereon shall automatically revert to Grantor. It is the express intention of Grantor and Grantee that Grantor is conveying to Grantee an estate in fee simple determinable in and to the Property and that the provisions of this paragraph shall constitute conditional limitations upon the estate conveyed herein and not a covenant or a right of re-entry for breach of condition subsequent, such that fee simple title to the Property or the portion thereof that is not used as a public roadway for a period of two years (after commencement of use of the roadway that has been constructed and opened on the Property), together with improvements then existing thereon, shall automatically revert to Grantor, and no notice (except as expressly provided in this Dedication Deed), election or re-entry upon the Property shall be required to vest title to the Property (or portion thereof) and all improvements then existing thereon, in Grantor. Neither the occurrence of a condition due to an act or failure to act by a third party, nor impossibility or inability of Grantee to prevent the occurrence of a condition, shall excuse such occurrence or condition or prevent the automatic termination of the determinable fee estate conveyed hereby. Notwithstanding the above provisions, in the event that the fee simple title to the Property reverts to Grantor as provided above, Grantee shall retain a perpetual, underground easement that shall survive such reversion on the following terms: (a) Any underground utility or other facilities installed in compliance with the Permitted Purposes and existing as of the date of such reversion, owned by Grantee or any other entity, may remain in place, and the owners thereof shall have the right to use, operate, maintain and repair such utilities; (b) Grantee shall have the right to install, use, operate, maintain and repair under the Property underground water, sanitary sewer and storm drainage facilities, as well as an other underground utility facilities that Grantee may own and operate in the future, and any necessary appurtenances thereto; and (c) Grantee shall have the right to allow or permit any public utility to install, use, operate, maintain and repair under the Property any underground public utility facilities. Notwithstanding the above stated easement rights that will be retained by Grantee in the event of such reversion, Grantor, and its successors, assigns and permittees, shall have the right to use the surface of the Property and any area beneath the surface of the Property for any use that does not interfere with the easement rights of Grantee and others described above. Further, Grantor, at its expense, shall have the right to relocate any utilities and facilities that are the subject of such rights provided that the level of service provided by such utilities at the new location will not be impaired in any material respect, either in the process of such relocation or after the completion thereof. The right of reversion reserved herein shall terminate and shall be of no further force or effect 21 years less one day after the death of the last survivor of any of the descendants of Queen Elizabeth II of England living on the date of execution of this Dedication Deed. The possibility of reverter and all other rights, options and easements retained or reserved by Grantor in this Dedication Deed shall be the property of and shall inure to the benefit of Grantor, its successors and assigns, and are not appurtenant to any tract of property (other than the Property). All provisions of this Dedication Deed applicable to Grantor and Grantee shall be applicable to their respective successors and assigns. Page 2 Dedication Deed cb el/ 1251-deddeed-ail-fw-msf Grantor hereby disclaims any warranty, guaranty or representation, oral or written, past, present or future, of, as, to or concerning (i) the nature and condition of the Property, including, but not limited to, the suitability thereof for any activity or use; (ii) the condition of any improvements located thereon; (iii) the compliance of the Property with any laws, rules, ordinances or regulations of any government or other body. The conveyance of the Property as provided for herein is made on an "AS IS" basis, and by its acceptance of this Deed and in consideration of the conveyances by Grantor herein, Grantee acknowledges that, except as otherwise specifically stated in this Dedication Deed, GRANTOR MAKES NO REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT IN NO WAY LIMITED TO, ANY WARRANTY OF CONDITION, HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH WARRANTIES, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE EXPRESSLY DISCLAIMED. TO HAVE AND TO HOLD the Property, subject to the Permitted Exceptions, together with all and singular the rights and appurtenances thereto in anywise belonging, unto Grantee, its successors and assigns forever; and Grantor does hereby bind itself, its successors and assigns, to WARRANT AND FOREVER DEFEND all and singular the Property, subject to the Permitted Exceptions, unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under Grantor, but not otherwise. EXECUTED this 24"day of May, 1999. AIL Investment, L.P. a Texas limited partnership By: Hillwood Operating, L .P., a Texas limited partnership, its general partner By: Hillwood Development Corporation, a Texas corporation, its general partner By: L. usse g , Senior Vice President ACCEPTED ON THE TERMS AND CONDITIONS CONTAINED HEREIN: The City of Fort Worth, Texas y. l C ty Manager Xi 00 �� _ AT EST: Ci y Secretary L- /x.1557 Contract Authorization Date Page 3 Dedication Deed cbel/125 Approvejas to Form and Legality: Assistant City Attorney THE STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on this 24t1i day of May, 1999, by L. Russell Laughlin, Senior Vice President of Hillwood Development Corporation, general partner of Hillwood Operating, L.P., general partner of AIL Investment, L.P., a Texas limited partnership, on behalf of said limited partnership. MARGARET S. FOX • • Notary Public, State of Texas MyWolOW nEclmOd.25,2001 Notary Pu tate of exas ATE ofd} THE STATE OF TEXAS § COUNTY OF TARRANT § Thi strument ws acknowledged before nw o this day of' 1999, by� j Yy-K) (�yi Uo ( /)City Manager of tleCity J Fort Worth, Texas, and by , Assistant City Attr4ey oft e City of Fort Worth, Texas, a municipal corporation, on behalf of the CiW of Fort Wo , Texas. SARAH JANE OE NOTARY PUBLIC State of Texas Comm. Exp. 01.2a-2002 GRANTEE'S ADDRESS: The City of Fort Worth 1000 Throckmorton Fort Worth, TX 76102 Attention: City Manager 1251-deddeed-ail-fw AFTER RECORDING, RETURN TO: The City of Fort Worth 1000 Throckmorton Fort Worth, TX 76102 Attention: City Manager WITH COPY TO: Hillwood Development Corporation 13600 Heritage Parkway Suite 200 Fort Worth, TX 76177 Attention: L. Rusell Laughlin Page 4 Dedication Deed cbel/ 1251-deddeed-ail-fw-msf EXHIBIT "A" LEGAL DESCRIPTION Being a strip of land situated in the F. Cuella Survey, Abstract Number 1171, and being a portion of Tract 12 as described by deed to AIL Investment, L.P. formerly known as Hillwood/Freeway, Ltd., and recorded in Volume 2452, Page 739, deed records, Denton County, Texas, an being more particularly described by metes and bounds as follows: Beginning at the most northeasterly terminus of existing Independence Parkway (a 120" right -of way) as shown on the plat recorded in Cabinet N, Page 185, Plat records, Denton County, Texas a 5/8 inch iron rod with yellow cap stamped "Carter & Burgess" found; THENCE S 59°27'04"W, 120.00 feet to a 5/8 inch iron rod with yellow cap stamped "Carter & Burgess" found at the beginning of a curve to the right; THENCE with said curve to the right, through a central angle of 300 13'59", having a radius of 2060.00 feet, the long chord of which bears N 15°25'57"W, 1074.42 feet, an arc distance of 1086.99 feet to a 5/8 inch iron rod with yellow cap stamped "Carter & Burgess" set; THENCE N 00O1 8'58 "W, 158.21 feet to a 5/8 inch iron rod with yellow cap stamped "Carter & Burgess" set at the beginning of a curve to the left; THENCE with said curve to the left, through a central angle of 089 °27'09", having a radius of 30.00 feet, the long chord of which bears N 45°02'33"W, 42.22 feet, an arc distance of 46.84 feet to a 5/8 inch iron rod with yellow cap stamped "Carter & Burgess" set; THENCE N 00°13'53"E, 28.87 feet to a 5/8 inch iron rod with yellow cap stamped "Carter & Burgess" set in the north property line of said Hillwood/Freeway, Ltd., Tract 12; THENCE S 89°46'07"E, 252.58 feet along the north property line of said Hillwood/Freeway, Ltd., Tract 12, to a 5/8 inch iron rod with yellow cap stamped "Carter & Burgess" set; THENCE S 00°13'53"W, 28.87 feet to a 5/8 inch iron rod with yellow cap stamped "Carter & Burgess" set at the beginning of a curve to the left; THENCE with said curve to the left, through a central angle of 90°32'50", having a radius of 90.00 feet, the long chord of which bears S 44°57'28"W, 127.89 feet, an arc distance of 142.23 feet to a 5/8 inch iron rod with yellow cap stamped "Carter & Burgess" set; C&B Job No. 981412014 S#GWN May 25, 1999 ACF No. 1251 J:\JOB\98141214\SUR\WP\LEG\412V1ROW.LGL Page 1 of 2 THENCE S 000 18'58"E, 95.80 feet to a 5/8 inch iron rod with yellow cap stamped "Carter & Burgess" set at the beginning of a curve to the left; THENCE with said curve to the left, through a central angle of 01 °36'39", having a radius of 1928.00 feet, the long chord of which bears S 01°07'16"E, 54.20 feet, an arc distance of 54.20 feet to a 5/8 inch iron rod with yellow cap stamped "Carter & Burgess" set at the beginning of a curve to the right; THENCE with said curve to the right, through a central angle of 0401 6'49", having a radius of 610.00 feet, the long chord of which bears S 00°12'50"W, 45.56 feet, an arc -distance of 45.57 feet to a 5/8 inch iron rod with yellow cap stamped "Carter & Burgess" set at the beginning of a curve to the left; THENCE with said curve to the left through a central angle of 11 °30'10", having a radius of 990.00 feet, the long chord of which bears S 03°23'50"E, 198.42 feet, an arc distance of 198.75 feet to a 5/8 inch iron rod with yellow cap stamped "Carter & Burgess" set at the beginning of a curve to the left; THENCE with said curve to the left, through a central angle of 21 °2401 ", having a radius of 1940.00 feet, the long chord of which bears S 19°50'56"E, 720.40 feet, an arc distance of 724.60 feet to the Point of Beginning and containing 162,432 square feet or 3.729 acres of land more or less. C&B Job No. 981412014 S#GWN ACF No. 1251 J:\JOB\98141214\SUR\WP\LEG\412V 1 ROW.LGL May 25, 1999 Page 2 of 2 J. NI© SUR7FY Qo97RAc' X10. ¶i e I I I�� HILLW00D/FREEWAY, LTDI_AoI HILLWOOD/WILLOW BEND, L.P. rRACr II �=; CC' 97•R0019430 VOL. 2452. PG. 739 I -I N00° 13' 53" E l-ig I S00° 13' 53"W 28.87' I I 252.58' 28.87' - - - EXISTING- - - -HF.NRLET rA CREEK R • EXISTING RIGHT -0F -NAY - - - - - iiEii_._____.- A=90° =89°27' 09" R I -0 R=90. 00' =30. 00' 23' L=46. 84' T=90. 86 1=29. 71' I cow L. C. =5127. 89?8"W APRFO 9i1\ L. C. =N45° 02' 33" W ^' 42. 22' �"I =01°36' LJAMES F._ KASS0N R=1928. 000'' _ l b m =54.20' R T=27.10' L. C. =S01° 07' 16"E .y SS)Q 54. 20' o s u RAF' i A=04°16'49" I b R=610.00' t7 L=45. 57' IF.NJ . �GL�L�Q �NJGidC �l \ L. C. =So0° 12' 50"W A° STRACY (. H 17 9� \ °45. 56' 1 A=11 30 10" R=990. 00' L=198.75' AIL INVESTMENT, L.P. T=99.71' VOL. 4246. PG. 633, D.R.D.C. T. \ !$ L. C. =S03° 23' 50" E FORMERLY KNOWN AS \ r 198. 42' HILL WOOD/FREEWAY,LTD. VOL. 2452, PG. 739, D.R.D.C.T. 1 AIL INVESTMENT, L.P. VOL. 4246, PG. 633,D.R.O.C.T. 30°13'59" \ \ g A=21°24'0i" FORMERLY KNOWN AS R=2060.00' R=1940.00 HILLWOOD/FREEWAY,LTD. L=1086.99' \ L=724.60' VOL. 2452, PG. 739, D.R.D.C.T. T=556.47' \ T=366.57' L. C.=N15°25' 57"W L. C.=S19°5O' 56"E 1074. 42' \ b 720. 40' \\ POINT OF \\ BEGINNING SCALE 1 i1 =200' \\ \\ ,1. 0 LOT 1. BLOCK 2 \ 9 eL0,0 �2o ALLIANCE GATEWAY NORTH ADDITION \ \ EXHIBIT SHOWING \\ 3.729 ACRES FOR INDEPENDENCE PARKWAY \ RIGHT-OF-WAY DEDICATION \ SITUATED IN THE THE F. CUELLA SURVEY. ABSTRACT NUMBER 1711. \ •'.��� DENTON COUNTY, TEXAS \ ' CARTER & BURGESS, INC. I ACF#1251 ISHT. NO. 3880 HUIEN STREET FO R) WORi� 76)07-7254 JOB # 981412-014 DATE: 52599 DRAWN: SMB DESIGNED: CHECKED: JFK EXHIBIT "B" EASEMENTS RESERVED 1. Grantor hereby reserves a non-exclusive, assignable, free easement: (a) across and through all portions of the Property lying beneath the surface of the Property, to use such subterranean areas for any use that does not interfere with Grantee's use of the Property; (b) across and through all air space 17.5 feet above the surface of the paved roadway installed on the Property, to use such air space for any use that does not interfere with Grantee's use of the Property; and (c) over and across the surface of any portion of the Property not covered by pavement for the installation and maintenance of landscaping and an underground landscape irrigation system. Grantor or Grantor's assignee, whichever entity installs any such landscaping or underground irrigation system, shall have the right and responsibility to keep such landscaping and irrigation system in good condition and repair. Grantee shall have no responsibility for any such maintenance. Grantee, at Grantor's expense, shall have the right to take such action as necessary to stop water from running on the Property from any leaks in the irrigation system that are not promptly repaired by Grantor or its assignee. 2. The easements reserved in this Exhibit "B" are easements in gross for the benefit of Grantor and its successors and assigns. 3. Grantor or its assignee shall make no use of the Property without Grantee's consent, which shall not be unreasonably withheld or delayed. Grantor or its assignee shall restore or repair any damage to the Property resulting from such use by Grantor or its assignee. 4. The person or entity (whether Grantor or an assignee of Grantor) exercising any right to install any landscaping or facilities pursuant to the easement reserved herein shall indemnify and hold Grantee harmless from and against any claims or damages (including court costs and reasonable attorneys' fees) resulting from the construction, installation, maintenance, use or existence of such landscaping or facilities except such claims or damages that result from the negligence of Grantee or its employees, agents or contractors. Notwithstanding the foregoing, Grantor shall not have any liability under this indemnity with respect to any landscaping or facilities installed by an assignee of Grantor or with respect to any landscaping or facilities assigned or conveyed by Grantor to an assignee after installation, provided that Grantor has given Grantee written notice of such assignment, by certified mail return receipt requested, at Grantee's address set forth below. Any such assignee (of whom Grantee has been notified as provided above) shall be automatically deemed to have assumed this indemnity upon such assignment and Grantor shall be deemed released therefrom. As a condition to the obligations under this indemnity, Grantee must give the indemnifying party prompt notice of any claim that may be covered by this indemnity, shall cooperate in the defense thereof, and shall not take any action, including, but not limited to, a settlement of the claim, that would adversely affect the defense of such claim without the prior written consent of the indemnifying party. The above provisions do not restrict in any way the right of Grantee to bring suit under or otherwise enforce this indemnity in accordance with its terms. Page 1 Exhibit B to Dedication Deed 5. By its acceptance of this Dedication Deed, Grantee agrees to execute such further instruments confirming or evidencing the easements reserved in this Exhibit "B" as Grantor from time to time may reasonably request, including, but not limited to, any utility easement documents used by any utility company, although such execution is not necessary for the exercise of any rights under this easement. Page 2 Exhibit B to Dedication Deed City of Fort Worth, Texas "Avolr-z .Anal.. -Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 7/20/99 **L-12557 30CUELLA 1 of 2 SUBJECT ACQUISITION OF ONE UNDERGROUND SANITARY SEWER LINE EASEMENT, ONE DEDICATION DEED AND ONE UNDERGROUND SANITARY SEWER LINE AND STORM DRAINAGE EASEMENT FROM AIL INVESTMENT, L. P. (DOE 2501) RECOMMENDATION: It is recommended that the City Council -approve the acquisition of one underground sanitary sewer line easement, one dedication deed, and one underground sanitary sewer line and storm drainage easement from AIL Investment, L. P., for a total cost of $2.00. AIL Investment, L. P., a Texas limited partnership, has voluntarily provided one underground sanitary sewer line easement, one dedication deed, and one underground sanitary sewer line and storm drainage easement which will be dedicated for use by the City or any other utility as needed. There is no cost to the City, as the grantor has agreed to pay all fees associated with this dedication. As the local governing body, the City must administratively accept this easement on behalf of the public. The easements and dedication are further described as follows: Owner Type AIL Investment L.P. SSE Legal Description Area Square Feet Cost Being an easement located in the 13,136 $1.00 F. Cuella Survey, Abstract 1711, as recorded in Volume 4246, Page 633 of the deed records, Denton County, Texas AIL Investment L.P. Dedication/ Being an easement located in the 162,432 -0- Fee Simple F. Cuella Survey, Abstract 1711, as recorded in Volume 2452, Page 739 of the deed records, Denton County, Texas AIL Investment, L.P. SSE/DE Being an easement located in the 6,147 $1.00 F. Cuella Survey, Abstract 1711, as recorded in Volume 4246, Page $2.00 633 of the deed records, Denton County, Texas This property is located in COUNCIL DISTRICT 2, Mapsco 9J. City of Fort Worth, Texas "ANor And CwoutyleitConinjunleation DATE REFERENCE NUMBER LOG NAME PAGE 7/20/99 **L-12557 30CUELLA 2 of 2 SUBJECT ACQUISITION OF ONE UNDERGROUND SANITARY SEWER LINE EASEMENT, ONE DEDICATION DEED AND ONE UNDERGROUND SANITARY. SEWER LINE AND STORM DRAINAGE EASEMENT FROM AIL INVESTMENT; L. P. (DOE 2501) FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Engineering Services Fund. MG:k Submitted for City Manager's Office by: Mike Groomer 6140 A. Douglas Rademaker 6157 A. Douglas Rademaker 6157 FUND I ACCOUNT I CENTER 7 0301 AMOUNT I CITY SECRETARY APPROVED CITY COUNCIL . fl . 20 1999 �;L (tz4J4J City Secretary of the City of Fort Worth, Texas