HomeMy WebLinkAboutContract 45761 Page I of 16
A^
Electronically Recorded Tarrant County
OfficW Public Records 7/10/2014 3.-26 PM D2141"639
�' �IMAJ�NAI
Mary Louise Garcia SUbmitter XEROXCOMMERCAL
SOLUTIONS
Forest Park-Palk-vim$ton-n Drii-in Improveaweta
Parcel 4 01
D013# 5666 CRY SECRETARY/
20001 . F ar Park. Blvd. &2-4,00, West Freeway. COWRACt tio.
L&s I & 2,,Block MR, lFidwards rJefi-s Addition.
f'JTV OF FORTWORTH
OF TUB,TS
riFFECU'VE DA,TE: 06k 20114
GRANJUR: JSI)ALD REAL ESTATE 11,11-D,
GRANTOR'S MAILING AT)DRE'SS (inOuding County):
2424 West Freeway
F(vt Wculb,jarrant,County,TX 76102,
(,MANJEE: City of Fort WortI4 'rexaas
GRANTEE'S MAILING AIX)M-SS (including<A)Lultyr):
1 UQQ'Throckmortoj,i Street
Fort Wcoh, 'Fa rant Cbuqy, IX 76102
CONSIDERATION.: 71.1is "Termment Drainage Easement with aim a, and Gram,
of I)evelopment RighUs" (the TgriiTgn t —jqqg _tas or 51hig A ventent"). is
' "- "Mm2mtl 91
made and entered into by Girantnr and Grantee in sefflernIent of that certaiu Ofiginal
Petition Condemnation Proceed' g
in , Cauw No; 20 1.1-00415 10-1, in the (,'ounty Court at Law
No. 1, Tarma cotmty 'Texas, styled City of Foa Worth, Texas v. JSL)/J LD Real tate TI,
Ltd. et al (the ".Petifigg"') f ded by Grantee to condemn permwie v and mulloramy eamnents
over real property of Grantor more aria read described m' thefletition by. conne(Aion with
the abovc-describcd Amin d,rainage, improvernonts 't r; ' tt 1) in lieu: of
condemiation, The performakice ky Un ate (-)f its obligations under this Pennancat
Drainagc E,ascment constitutes part of(3rantor's compensation Bor ! anting this Pen nanent
T)rain, W E;asement. Butficr tho agreement dry.Gnanw to execute this Perinanent Dramige
Easement andbe bound its tenns and conditions includi not limited to, die rightsof
Girantor and the obligaflons of Ginintee with respect to the :harry cat JDrainage Eamnent
P'ropetty (der eteinafter defted) and the Existing Drainage ,a rent, Projvmy (ti erein aid x
(jefinmi), Grantor would riot have settled the condernnatibn proveoding, it not have
EOFFICAL RECORD
Ilemanent Dmimigg L-asernent- P'age I CITY ::]
CITY SECRE"I"ARY
F rT
T.WORT111 "I'NE I E I V E 0 ?nu
ti
.PERMANENT DRAINAGE EASEMENT
Forest Park-Parkview Storm Drain Improvements
Parcel # 01
DOE # 5666
2000 N. Forest Park Blvd. & 2400 West Freeway
Lots I & 2, Block 34R, Edwards Heirs Addition.
CITY OF FORT WORTH
PERMANENT DRAINAGE EASEMENT WITH RESERVATION AND GRANT
OF DEVELOPMENT RIGHTS
EFFECTIVE DATE.- ' 2014
IRANTOR: JSD/JLD R.E,AL ESTATE 11, LTD.
(IRANTOR'S MAILING ADDRESS (including County)-.
2424 West Freeway
Fort Worth, Tarrant County, TX 76102
GRANTEE: City of Fort Worth, Texas
G ANTEUS MAILING ADDREISS (including County):
1 Throckmorton Street
Fort Worth, Tarrant County, TX 76102
CONSIDERATION: This "Permanen.t .Drain.age Easement with Reservation and Grant
of Development Rights" (the "Permanent r-asernent.," or "this Agreement") is
"Permanent
made and entered into by Grantor and Grantee in settlement of that certain Original
Petition Condemnation Proceeding, Cause No. 2011®00451 m 1, in the County Cotirt at Law
No. 1, Tarrant County, Texas, styled City of Fort Worth, Texas v. JSD/,JLD Real Estate 11,
Ltd. et al (the "Petition") filed by Grantee to conderrin pennanent and temporary easements
over real property of Grantor more particularly described in the Petition in connection with
the above-described storm drainage improvements (the "Qra'Me PMjgq"), 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 to and conditions including, but not limited to, the rights of
Grantor and the obligations of Grantee with respect to the Permanent Drainage 17,asement
Property (hereinafter defined) and the 1�Xisting Drainage Easement Property (hereinafter
defined), Grantor would not have settled the condemnation proceeding, would not have
Pernianent Drahmge Easement Page I
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 I and 2, Block 34-R of Edward Heirs Addition, an addition tote City of Fort
Worth., as recorded in Volume 388-74, Page 9 of the Plat records of Tan-ant County,
Texas and being part of those certain tracts of land conveyed to JSD/JLD Real Estate 11,
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 "Pennanent Drai MLEasement
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 Worth and
JSD/JLD Real Estate 11, Ltd. (herein "the ROPA") shall reduce, change, infringe,
augment, detract, or eliminate the rights and obligations oft e 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, I. 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, forte consideration described above and subject tote 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 times 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 thePermanent 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 ject to (i) visible
and apparent easements not appearing of record; (ii) discrepancies, conflicts, or
Permanent Drainage Easement—Page 2
.....................
r.
AMIA
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 Easement is
appurtenant to, runs with, and inures to the benefit of all or any portion of the Permanent
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 "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 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 Pennanent Drainage Easement Property (hereinafter the
"Reserved Rifts"). 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
AML
•M..
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, install, erect, and construct other
improvements over, under, and across the Pennanent 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
Pennanent Drainage Easement Property.
5. Grantor reserves the right to terminate the Pennanent 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
A8%
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 Easement 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 Existing Drainage Easement Property
Permanent Drainage Easement—Page 5
r
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, public 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 Drainage 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 Applicable 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 public improvements (including, but
not limited to, the Drainage Project and other public and private utilities) 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 improvements described in subsection 3 of the
Granted 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 6
AM, Aft
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 in the Right of Possession Agreement.
10. Grantee consents to and approves the Granted Rights so long such rights are
exercised under the then-applicable 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
AM
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 (ii) 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
r, AMW
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 (1) 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
Fort Worth, TX 76102
Permanent Drainage Easement— Page 9
EXECUTED as of the Effective Date, this the
y of 2014.
GRANTOR:
JSD/JLD REAL ESTATE 11, LTD,
a Texas limited partnership
By: JSD/JLD, LLC,
a Texas limited liability company,
its General
By:
James DuBose, Manger
GRANTEE:
Texas
The I j �=North,
Fernando Costa, Assistant City Manager
V VED FO /F0 ND I,:GALITY
A'
ChristopLr B. Mosley),
L City Attorney
Assistant Ci .7
w.bra
ty tft'"Y
S
t
5
Zd P. Gonmes,A$, X,A
OFFICIA1. RECORD
ci r Y S E C R EII'Aft,R Y'
Permanent Drainage Easement—Page 10 FT. WORTI,,,I� '16"X
ACKNOWLEDGEMENTS
STATE OF TEXAS §
COUNTY OF AR NT §
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 tote 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 11, Ltd, on
behalf oft e partnership.
GIVEN UNDER MY HAND AND SEAt. OF OFFICE the .(0 day of
Notary Public in and for the State of Texas
M
tjowy Pubk
STAn OF TWS
OMMEVAug.14.2016
S
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 t o t he
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 day of
2014.
ONJA DM�
y 11 tic,510le of TexCis
amp Wes otary Public in and for the St e of Texas
o' 2
U
After recording, return to:
Ms. Deanna Cody
Transportation & Public Works
City of Fort Worth, Texas
900 Monroe Street—4 1h Floor
Fort Worth, Texas 76102
Permanent Drainage Easement -.-Page 11
. ... ..........................
... Ae*
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 I1, 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
A+. ..t
EXHIBIT A
Permanent Drainalle 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 line 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
CL6kR FORK
TRNIT*RIVE�R
PARKVIEW DR.
A-13v ow VARIABLE R104-ff-OF•WAY MTH
R-304W A IN:M
A-41hr 6-16 17-eT31W
"Mr3r4r r, C-24,77 P.O.C.
A-DWSWAT A-314z '41
R-363'w &•s 7715W W
A-CM C-31,51' 1�1 -- S
3rI, -
C-6117 P.0 B
Irl'TRON EMIRT 1w,
I=FO TRACT I
CITY OF Fr WORTH UND "Po'B\
VOL SM.POI Q2
0A.7XIT V
ExHlarr Ir
TROcr a
R�03. 072
FA4)CKS 4-R
V'
�CL X644,Pr.V
'71PIRJ�C�T,
cr
a.
JS0QL0 REAL MAn k LTV co
LIJ
aric Wi,2=95M
Ix
Ir a 0'R'T.C'T 0
LOT� IS-
DLOCK,W�A
IIDWA"HERS AWI'MN
VOL 3WIN,Pra M&77
P,R,T,C,T,
\511 I ZIO
0
V
VWOODCREST PLAZA 2001
UMVIM PARTNIMSHIP 'est. A
VOL.1408,FG1 so
1>
IN
0' 50' 100'
MATCHLINE SHEET 9&10
VA
ET 9&1
_ —1777`177 0 Basls of Bearings:"rhe bearings
DRAINAGE EASEMENT shown hereon are based on NAD 83
Texas State Plane Coordinate
System North Central Zone.
TEMPORARY LEGEND
CONSTRUCTION EASEMENT c,,)
AY613 R. SANDHU
TRACTS 1, ........�'�I r" Rwwls
BLOCK 34'-R 910 TamoM Monty rep=
6�--,6 P,R,,T,C.T,�Flat Rowl*
EDWARDS HEIRS ADDITION
CITY OF FORT WORTH
TAR RANT COUNTY,TEXAS
DATE,--E11-10 =—5v =FM_'§8SEMENTSMIA ND_-_201-0"24 pASEh10_,_ 9 OF I I
Permanent Drainage Easement Page 14
......................... ........................................................................
EXHIBIT B
Depiction of Permanent Drainage Easement
b
P.O.C.
0 KOOK
EOWARDS 00CMION
MATCHi.NE SHEET Q&SO VOL, 741M9
MA- 'w..
R-40S or
1 �
x a 51'4 r
LOT I
Mw, „T4.Pa,fl N m7•.si"7g"'N�' n E:K8'W99oT""'
F.r�.Y".C.T. xl w � �
1 1VACT 3
P.O.B. '
pp Aa `9 MS",BN"
J&n;JLD RM R374 It t LTD..: aR � c"^R B-S 29A"AZAr'W
tom.2042
0.6V..Y.C.9'.
A
1
1 �M OM$'
V
C.,0.W
i 452AZ w
0" btt`
Basis of Bearings:The bearings
DRAINAGE E 0.S MET shaven hereon are based on NA,D 83
Texas State Flame Coordinate
r� • System North Central ate.
r D
C .ONS"T UCTI N EASEMENT
'. : � .EGEN
BLOCK 34-R ., 10 t�y P.�$.C'
•F18p 67r M
w
TEMPORARY $
tyrant C u mp un
EDWARD HEIRS AG7'®iT ON tidy`.. � raffoxa"owtg r"aa
C OF FORT WORTH t S � �,„K c l�T
&dW F. 75206
'TARRANT COU ,TEXAS p s,�rnui rgtxrrarsaiag
P N d M 1a4D 61 A5 1t 9WT3.0 J?C MSNOL%Rl1� 1 4 PAGEND.�10 OF 11
Perinartent Drainage Easement- Page 15
E 4 Authorized Veers Page 1 of 1
Aft,
Document Receipt Information
Reference u r: 5 -3SD/ l -Easement
Instrument Nun r: ?214146539
Na Of-Pages. 15
Recorded ate: 7/10/2014 3:26:22 PM
County: Tarrant
volume:
Page:
Re�grding J$72.00 EEEEEE
httl)s://www.erxe,h,ant,ye.com/Ul/Viewi i tm � �/ w, tit1 --= 74' 0(i 7/11/2014
M&C Review Page 1 of I
Official site of the City of Fart Worth,Texas
CITY COUNCIL AGENDA
COUNCIL ACTION: Approved on 10/7/2013
DATE: 10/7/2013 REFERENCE L-15628 LOG NAME: 122DROWE5666-FOREST
NO.: PARK DRAINAGE
CODE: L TYPE: NON- PUBLIC NO
CONSENT HEARING:
SUBJECT: 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 INFO RMATIONICERTIFICATION:
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 by: Fernando Costa (6122)
Orlginating Department Head: Sarah Fullenwider(7606)
Additional Information Contact: Chris Mosley(7603)
ATTACHMENTS
20ROWE5666-FOREST PARK DRAINAGE
http://apps.cfwnet.org/council_packcVmc_review.asp?ID=19068&councildatc=10/7/2013 6/13/201.4