HomeMy WebLinkAboutContract 42072 CITY SECRETARY
STATE OF TEXAS CONTRACT NO. o�O -
COUNTIES OF TARRANT §
DENTON, PARKER AND WISE §
AGREEMENT
PHIS AGREEMENT is entered i
rule municipal cnto by and between the City of Fort Worth_ Texas,a home-
orporation situated in Tarrant, Denton, Parker and Wise Counties, Texas
hereinafter called "City,"acting herein by and through Fernando Costa, its duly authorized Assistant
City Manager, and Hunter Crossroads, LP, hereinafter called "Grantor", acting herein by and
through Hunter Crossroads GP, LLC, its General Partner. City and Grantor are collectively referred
to herein as the`Parties".
WITNESSETH :
WHEREAS, the City of Fort Worth is constructing a 24-inch and a 30-inch water
transmission main which crosses private property located at the southeast and southwest corners
of Avondale Haslet Road and State Highway 287;
WHEREAS, the 24-inch and 30-inch water transmission mains will serve Wal-Mart
Stores Texas, LLC ("Wal_Mar0 (With th whom the City intends to enter into a Communit
ilities Agreement) and the surrounding area; Y
WHEREAS, the City also proposes to construct an elevated water storage tank with
additional 24-inch and 30-inch water transmission mains from Wal-Mart's property to the
proposed elevated water storage tank to serve the far northwest area of Fort Worth, said area
being in Pressure Plane 4;
WHEREAS, Grantor will donate to the City approximately 1.7 acres of property for the
proposed storage tank, any and all necessary easements for the 24-inch and the 30-inch water
transmission mains. and an easement to access the Property from an existing TXDOT access
drive; and
WHEREAS, as consideration of the donated land, the City shall not require any water
main capacity participation from Grantor for 24-inch and 30-inch water transmission mains
unless the Property reverts to Grantor.
NOW THEREFORE, for and in consideration of the mutual covenants contained herein.
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged and confessed, the Parties hereto agree as follows:
! OFFICIAL RECORD
CITY SECRETARY : 38 i
FT WORTH, TX
1. Purpose
The purpose of this Agreement is to describe the terms and conditions for the donation of
approximately 1.7 acres of property ("the Property"), as described in Exh�t A, by Grantor
at no cost to the City for the purposes of the City constructing and operating an elevated
water storage tank and related facilities to serve the area.
2. Grantor's Donation of the Pro e
rtv
Grantor agrees to donate the Property to the City for the construction and operation of an
elevated water storage tank. Additionally, Grantor agrees to donate the necessary easements
for the 24-inch water main and 30-inch water main, and Grantor shall grant the necessary
easements sufficient to provide access to the Property from an existing TXDOT access
driveway. The elevated water storage tank and both water mains will serve land owned by
Hunter Crossroads, LP as shown on Exhibit B
("Hunter's Development ') which land is
generally located south of Avondale-Haslet Road at State Highway (SH) 287, as well as
other development at the sole discretion of the City.
3. Private Access Easement A reement
Grantor shall provide private access to the City from the existing TXDOT driveway to the
Property; and shall enter into a private mutual access easement agreement with the City for
such access. If the TXDOT driveway changes from the existing location. then the Grantor
will provide another point of access and easement to the City and Grantor shall build an
access road from the revised TXDOT driveway to the City's access gate.
4. Reversion of the Proner ty
Both parties agree that if the City does not commence construction within six (b) months
after the date that Wal-Mart, or any other "Big Box" with "Big Box" being described as a
user of 100,000 square feet of building space or greater, obtains a final and valid certificate
of occupancy from the City for the Wal-Mart development, then the Property will revert back
to the Grantor upon Grantor's written request. Commencement of construction shall include
the advertisement of the project and the processing of the construction contract award and/or
scheduling of the pre-construction meeting, and construction beginning on the Property. If
the Property reverts back to the Grantor then the City shall collect the capacity charge
prescribed by City Code to connect to the water mains. There shall be no limit of time for
Wal-Mart to obtain a final certificate of occupancy.
5. _City's Waiver of Water Ma;n Cana D
�ci.� r ar[ieipatlon Chases
The City hereby waives any and all water main capacity participation for the 24-inch and 30-
inch water mains shown in F,xhibit B to serve Hunter's Development as prescribed b the
Y
-------------
AGREE_tEV7-Nunter'c(rovirrgFlti:lLv?
Pa:'e-of5 - --
City's Code of Ordinances and/or Policy of the Installation of Community Facilities for Water
and Wastewater Facilities as may be amended.
6. Instruments of Title and Easement for the Property
Upon execution of this Agreement, Grantorshall immediately deliver to its designated
Escrow Agent three (3) executed copies of this Agreement. The Escrow Agent shall then
deliver to the City the copies of to be executed upon approval by the Citv Council, as
evidenced to the Grantor by a copy of an approved Mayor and Council Communication.
After execution, the City shall provide the Grantor one executed copy of this Agreement.
The parties shall then work together to plat the property
procedures. After the property is platted, then the Grantor shallthen provide other sufficind
instruments of donation necessary to vest title of the Property to the City for the constructient
on
and maintenance of the elevated water storage tank.
The bly
determine the size and location of easements to be granted for the wiI lconstruction also wand
maintenance of the 24-inch and 30-inch. water mains.
The mains shall include tees and gate valves as identified in E h bi24-i
R nch and the 30-inch water
7. Other Char es for Connection and Service to Grantor
This Agreement does not in any way affect the City's right or obligation to collect all other
charges for water service as established by the Fort Worth City Council, or other governmental
agencies, including but not limited to the City's Impact Fee, established in the Citv Code
Section 35-73,and as it may be amended-, the City Tap Fee, established in the City Code Section
35.57.4, and as it may be amended; nor the fees established by City Council and amended
o
time to time, for water service. However, the City agrees that it will not assess a fee to Grantor
for the purpose of recovering any of the costs the City incurred in constructing the 24-inch water
main and the 30-inch water mains to serve Grantor's development shown in Exh_ ib�g unless
the Property reverts back to the Grantor.
8. No Third-Party Beneficiaries
"Chis Agreement shall inure only to the benefit of the Parties hereto and third persons not
privy hereto shall not be considered a third party beneficiary of this Agreement, save and
except as otherwise provided for in Section 9 below.
9. i
Assgn_ abilih,
The Grantor may assign this Agreement, in whole or in part so long as the Grantor provides
the City with advance written notice of such assignment.
�(:RF;F:\IF;\l-Ilunter's
23 of -
Page 3 of s —
10. Entire
This Agreement and all attachments incorporated herein by reference constitute the entire
Agreement by the Parties and any prior or contemporaneous oral or written agreements shall
be replaced or superseded by this Agreement.
11. Severability
In case any one or more of the provisions contained in the Agreement shall for any reason be
held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision of this Agreement, and this Agreement
shall be construed as if such invalid, illegal, or unenforceable provisions had never been
contained herein.
12. Venue
This Agreement shall be construed under and in accordance with the laws of the State of
Texas, and the venue for any litigation arising from this Agreement shall be in Tarrant
County, Texas.
13. Authorization
The undersigned officers and/or agents of the Parties hereto are properly authorized officials
and have the necessary authority to execute this Agreement on behalf of the Parties hereto,
and each party hereby certifies to the other that any necessary actions extending such
authority have been duly passed and are now in full force and effect.
14. Notices
Any notices (unless otherwise specified herein), bills, invoices or reports required by this
Agreement shall be sufficient if sent by the Parties in the United States mail, postage paid, to
the address noted below:
If to City: City Manager's Office
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
Copy to: City Attorney's Office
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
If to Grantor: Hunter Crossroads, LP
3890 W. Northwest Highway. Suite 100
--- ------ -
AGREf.Nf:]7-Hnn�er's(rossing VINA1.s2 ---_._ _ ---- - -
Page 4 of 5 __-_-__--
Dallas, Texas 75220
Attn: Scott Rohrman
15. Governmental Powers
By execution of this Agreement the City does not waive or surrender any of its respective
governmental powers, immunities, or rights, except as specifically waived pursuant to this
section. City expressly recognizes that Grantor may seek to enforce this agreement by
injunction or declaratory judgment and all other remedies that may exist at law or in equity.
EXECUTED in triplicate in, on or about p¢
C� 41a.�PA_in Tarrant County, Texas.
CITY GRANTOR
CITY OF FORT WORTH HUNTER CROSSROADS,L
By: Hunter sroads G as the General
Partner of ter Cro s s P
Fernando Costa �1Pt'By:
_ —
Scot't'
As Manager of Hu reCrossro d GP,P, LLCASSISTANT CITY MANAGER
DATE: _ $ DATE:
RECOMMENDED BY:
Joinder by Lender:
TEXAS CAPTIAL BANK, N.A.
Frank Crumb By �'—
r4 AZER DEPARTMENT D/ TOR Its:
"PPROVEDAS TO FORM AND LEGALITY
Alu .-porizatiox
nolds 11
�] l
SR. ASSISTANT CITY ATTORNEY
L,aLi_
ATTEST
WITNESS as to Grantor
-
X
:Marty Hendrix ,oaV. � — _
CITY SECRETARY -15 ,V��° �i��� By: N• "" P. NAsI�
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CITY SECRETARY
FT. WORTH, TX
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LEGAL DESCRIPTION
TRACT Ts
BEING a 9.619 acre tract of land si
Abstract No. 1232, Arid the B_R. I�3Ct t:f-Cd in th M.B.p. & P.R.R. Co.
Port ion of tho . .cexta_ n tract 4f 1,.Y �urveY, }tkis't�ct .No. 990 4eY:,
, and being a
descr aqd called Ca-7,M. acre txaet of l and,
f bod in deed to tFi6tA 1=i`osak*A is 'Z, Lt&, 'record'ed in lnstium'
b20 ,33429, Deed Records, Tarr" t Np_
ale .based on r:he barthea:sterlY line�S, Hi
h,,,�. The bearllfgs for Y
lx'8t this: sine.
xu'ftnt No- p2Q43a5429, Aged Records. Tarrari Na. 287r As xecpxdecl in
Acle tract being described b COunty., tex#s. Sa�et, 9..619
y metes and bounds as follows
BEGINNING at a 1/2o/ iron, rod fotmd on the northeasterly tight of wa
said N.S. Highway NO. 2g7 At the most westerly?�orthwest
61.798 acre tract of 1n ; Y line of
carrier of the sS3d
.4.H'gtorth 96. 4'7, fiast:, along the satd n6rtheas,*Ee-ly right of ;aAyr line of
tZ.$t. Higher l+ No. 2&7, a distance rbZ 78.75 Peet to a 1 2" iron ron rod fourA-
CR North.•0'13'31" West, COI1tiFi I
y lune, a iiistanCe 'of '24..93 tt auingga?ong: the Mitt nartheast.orly tight �of
481,8 set, by deed cal] �a QR rod with Piastic calx stamped gpLS
3=1 the center of Avondale Haslet
i'HENCE Souti9°fix•44" Earn, .bYeecl'call along 'the center of
Haslet Road, a ci8tiarce �Sf 7�#1.g4 Fes3t to a 1�2't ifsin foci with plashOndal
ape
SCe
ampd.J l?Ls 4818 set;
Tarte leaving dire centerline gf said 12
and across C}le said 61.7gg �`mdals Has Road and cdntir%u.jA
acre tract. the foilowln 9 over
g eoui`Ses And distances:
Exhibit A-Legal Description
Paye 1 of 7
/�6xr-irar i Q`
PC. S o k (O
LEGAL DESCRIPTION
South 1000'46^ West, a distance oP- 8.62
stamped Feet to a i/2" iron rod with plastic Cap
"RPLS 4818" set at the point of curvature of ",on-tangent the north, having a radius of 958.00 Feet a central angle -t 15°51.'x9"
264.21 Feet bearing South 7J°5958-" West; ngent cuzve, concave to
and a ckord of
West along said curve, a distance of .2.65.06 Feet Co a 1j2" iron rod with plastic cap
stamped "RPLS 4818" set;
South 3000'14^ East, e d t th ee of 19986 Feet to a 1/2'" iron rod with plastic exp
stamped "RPLS 4828^ set at fire point of curvature of a tangent curve
we"st, having a radius of 100.00. Feet, a central angle of 7°4 cave to :the
Feet bearing South 0°53!03" West; 6 34 a chord of 13.56
South along said curve, a ,distance of 13.57 Feet,
"RPLS
with plastic cap stamped "RS 4822" set; curving to the right to a 1j2" iron
North 81036116" East, a -distance of 276.13 Feet to a 1/2"
stamped "RPLS 4818" set; iron rod with plastic exp
South 14023'44" East, a distance of 78.5$' Feet to a 1 2."
stamped ■RPLS 481g» set at the / Iron rod with plastic. cap
northeast, havingPoint of .curvature of a tangent curve, concave to the
a radius of 528.OQ Feet, a central angle of 28022~06`", a chord of
258.76 Feet bearing South 28034'46" East;
Southerly along said cuxve, 3 ciisYance of 265.42 Feet Co a 1. 2"
cap. stamped RPLs 4818 set at the 'be a iron rod with plastic
southwest, havinga ginning of a reverse curve, concave to :the
radius of 190.00 .Feet a central angle of 28'22'0ve and a chord of
93.12 Feet bearing South 28°34146" East
Southeasterly along the arc of said. curve, a distance of 94.07 Feet iron rod
With plastic cap stamped i2PLS 4to a 1 /2"
818 set;
South 14°23'44^ East, a distance of 11
stamped RPLS 48.18 set; a 1/2" iron rod with.41 Feet to plastic cap
South 22013'33" West., a distance. af 24.92 Feet to a 1/2" iron rod with plastic cap
radius RPLS 4818 set at the beginning of a Curve, concave to the southiast, Navin a
radius of 191.00 Feet a central angle of 42°18'51", and a chord of 137.
South 58908125" West; 9
87 Feet bearing
Westerly along said curve, a distance of 141.06 Feet to a 1/2" iron rod with plastic
cap stamped RPLS 4818 set;
South 37027.00^ West,set;a distance of 158.98
stamped RPLS 4818 seFeet to a 1/21, iron rod with plastic cap
South 82°27.00n West, a distance of 34.89 Feet to a 1/2" iron rod with plastic cap
stamped RPLS 4818 set on the said northeasterly right of way line of U.5. Highway No.
287;
Exhibit A-L �"6
Legal description
Page 2 of 7
Ex r t r►3 r T t3
�"sG 6 of lV
LEGAL DESCRIPTION
THENCE continuing along the said northeasterly right of way line the following courses
and distances:
North 52033100" West, a distance of 126.84 Feet to a 1./2" iron rod -With plastic cap
stamped RPLS 4818 set at the beginning of a curve, concave to the northeast, having a
North 47030,17" West;
radius of 2.837.82 Feet, a central angle of 9043.38", and a chord of 4$1.21 Feet bearing
Northwesterly along saii3 curve, a distance of 481.79 Feet to .a 1/2"
Plastic cap stamped RPL$ 4818 set; iron rod with
tiorth 38°05123" West, a distance of 44.8:38 Feet to the POINT OF BEG-IN IIING; and
containing a computed area of 9.619. Acres, more: or less'.
NOTE: COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE AND/OR SQUARE FOOTAGE
CALCULATIONS ARE CORRECT.
TRACT 11:
BEING a 32.3x4 acre tract of land situated in the td,E.P. & P.R.R. Co- guzvey, Abstract
No. 1331, and being a portion of that certain called 61..79.8 acre tract of land,
described in Beed to Vista Crossroad$ I, Ltd., recorded in instrument No, D2Q4335429,
Real Public Records; Tarrant County, Tex;kz., and a portion of that certain called
88.475 acre tract of land, des.eribed in deed to Vista Crossroads I, Ltl3:, recorded in
Instrument No. D204335429, Real :P,ublic Records,: Tarrant County, Texas. The bearings
for this survey are.based on the southwesterly line of said 61.798:.acre tract of land,
recorded in rns.trument No. 0204335429, Real Public Records., Tarrant County, Texas,
Said 32.334 acre tract being described by. metes and 'bounds .as follows:
BEGINNING at a 1/2" iron rod found atthe southwest corner of the said ViBta
Crossroads I, Ltd. tract, being in the
No. 287;. northeasterly right of way 3-ine of U.S. Highway
THENCE North 52 33'00" West, continuing along the northeasterly right of way line of
said U.S: Highway No. ;87 a distance of 1,643.32 Feet to a i/2" iron-rod with plastic
cap stamped "RPLS 4818" set;
THENCE departing the northeasterly line of said U.S. Highway NO. 2.87 and continuing
over and across said Vista Crossroads I, Ltd. tract the
distances; following courses and
North 7033100" West, a distance of 34.89 Feet to a 1/2" iron rod with plastic cap
stamped "R-PLS 4818" set;
North 3727100" East, a distance of 158.98 Feet to a 1/2" iron rod with plastic cap
stamped "RPLS 4818" set at the point of curvature: of a non-tangent concave to
,
the southeast, having a radius of 145..00 Feet a central
Of 110.56 Feet bearing North 59001'11" Eastangle of 44curvecurve ", and a chord
;
Northeast along said curve, a distance of 113.44 Feet to a 1/2" iron rod with plastic
coMdi
Exhibit A-Legal Description
Page 3 of 7
LXI1�Ij(t
age 7 0� jd
LEGAL DESCRFPTIOX
Cap stamped "RPLS 4818'" set;
North 75436'16" East, a distance of 451.03 Feet to a 1/2"
stamped "RPLS 4818" set; iron rod with plastic cap
North 83049'53" East, a distance of 83.86 Feet to a 1/2" iron rod with plastic cap.
stamped "RPLS 4818" set;
North 75636'16" East, a distance of 241.87 Feet to a 1/2"4.818" set; iron rod with plastic cap
stamped "RPLS
South 14023'44" East, a distance of 41.46 Feet to a 1/2" iron rod with plastic cap
stamped "RPLS 4818" set;
North 75036122" East, at a diet
aace of 18.81 Feet ;passing the weat. line of said called
Tract 3, in all a total distance of 305.62 Feet to a 1/2" iron rod with plastic cap
stamped "RPLS 4818" set;
THENCE continuing over and across said Tract 3 the following courses and distances;
South 0044139" West, A distance of 348:26 Feet to a 1/2" iron rod cap
stamped "RPLS 4818" set; with plastic
South 52033100" East; a distance of 60'9.
stamped "RPLS 4818° set.; 13 Feet: to a 1/2" iron rod Withpla-stie cap
South 0"0.5i2ll, East, a distance of 714.77 Feet to a 1/2" iron rod with plastic .cap
stamped "RPLS 48].8" set in the south line of said called Tract 3;
THENCE South 8905413-9" West, at a distance of 50.,32 Fee -passing
caSaid
lled. Tract 2, in all a total distance of 423.30 Beet tothePOINT OF BEGINNING; atd
containing a computed area of 32.334 Acres, more or less.
NOTE: COMPANY. DOES NOT REPRESENT THAT THE.ABOVE ACREAGE AND/OR SQUARE FOOTAGE
CALCULATIONS ARE CORRECT,
TRACT iji:
BEING a 76.773 acre tract of land situated in the M.E,p. & P.R.R. Co Survey„Abstract
Na. 1131, and the B.R. Lacy Survey, Abstract No. 990, and being a portion of that
certain called 88,475 acre tract of land, described in deed to Vista Crossroads I,
Ltd., recorded in Instrument No. 02043,.35'4' ads'
Public Recoids, Tarrant County,
Texas. The bearings for this survey are based on the. easterly line U.S. Highway No..
287, as recorded in Instrument No. D204335429, Real Public Records Tarrant County,
Texas. Said 76.773 acre tract being described by metes and bounds as follows:
BEGINNING at a 1/21, iron rod with plastic cap stamped "RPLS 4818" set in Avondale
Haslet road, being on the north line of said 88.475 acre tract;
Exhibit A-Legal Desciption
Page 4 of 7
�kHistT b
Pig- b J to
L3t3AL DESCRIPTION
TFIENCE South 89045'20." East, in and gerierall along
Road, a distance of 1377,63 Feet to a 1 3" ' Y the center of said
,Avondale 7ias7et
4818" set; / iron rod with plastic cap stamped "RpL,g
THENCE South 1'09'29" East, departing said Avondale
Faslet Road and continuing over and
across said 88.475 acre tract; a distance of 473.24 Fe
Plastid cap stamped *RpI,S 481$" set; et to a 1/2« iron rod- with:
THWCE South 89045120" East, continu'
distance of 368.37 Peet to a F 2" � over and across said W47.9 acre tract,_a
the west right of wa line of ,the Fort Worthon rod and ,ic cap stamped ^RPLS 4818"
3 y set on
er Railroad.;
THENCE South 1°09'29, East, along the west right of 'way Z
Denver Railroad, a distance of 1300.32 Feet to a 1J2" iron rod found at the rt
of a curve, concave to the ngrtbwest, Y line o€ said Fort Worth and
having a radius of 2339.28 Feet a centra2in
faq 4
Of 18417,54", and d chord of 762.96 Feet bearing South 23$51'52" West;
THENCE southerlyy continuing along the said west railroad richt of way line and along
the arc of the said curve, a distance of 766:22 .Fee to a. l'2"
north Eine of that cert'a'in tract of land described in deed to Prosperity/ iron rod found on the
Ltd., Instrument No. D206332982, Deed Records, Tarrant Count sas; pr
operties
Y. Texas;
THENCE South 69054.389" West, along tbe.
distance of 999.93 Feet to a 1j2" .1 rth line of Che. said Tom waltz tract, a
ron rod with plastic cap stamped "RPLS 4828" set;
THSNCE leaving the said north line and continuing over and across the said 88,475 acre
tract the following courses and distarices:
North 0105'21" West, at distance- of 714.77 Feet to a 1/2° iron rod with plastic Cap
stamped "RPLS 4818" set
North 52033100« West, a distance of 909.13 Feet to a 1/2" iron rod with.plastic cap
stamped -R-PLS 4818" set;
North '0°44'39 East, a distance. of 1194:82 Feet to the pOINT OF SEGI23NING
containing a computed area of 76.773 Acres, more or less.
and
NOTE: COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE AND/OR SQUARE :FOOTAGE
CALCULATIONS ARE CORRECT,
TRACT TYt
BEING a 37.589 acre tract of land situated in the M.E.P. & p,R,R.
No. 1133, and being all of that certain tract of land called Tract 1, described in
Co. Survey, Abstract
deed to Vista Crossroads I, .Ltd., recorded in Instrument No. D2 04335429, D
Tarrant County, Tax`as. The bearings for this curve are Deed Records,
line of said Tract 1, recorded in Inst. y ; based on the northeasterly
County, Texas. Said 37.589 acre tract being
No. D204335429, Deed Records, Tarrant
described by metes and bounds as follows:
BEGINNING at a 1/2" iron rod found at the southwest corner of the said Vista
Exhibit A-Legal Description co*«
Page 5 of 7
F_xriibii g -
P4g� 9 0� 1a
LEGAL DESCRIPTION
Crossroads 1, Ltd., being in the east right of way line
287; of U-S. Business Highway No.
THENCE continuing along the east right of way line of said U.S.
287 the folldwing courses and distances; Business Highway No.
North 0036'50" East, a distance of 214.67 Feet to a 1/2" iron rod found;
North 5.0331i8" East, a distance of 1,046.10 Feet to a 1/2" iron rod found,
North 121126133" East, a distance of 91.20
stamped "RPI4818� set.; Feet to a 1/2" iron rod with plastic cap
rS
forth 8016105" East, a distance of 106.43 Feea 1%2" iron rod Found at the
the south right of wa
intersC toection of the east right Of way zine Of said U.S. Business Highway No.y line of Avondale=Haslet Road; 2$7 and
THENCE .NQrth 85°53'51" Hast, departing the east right cf way line of said U.S'. Business
Highway 287 e of 100.10 Feet to and continuing along the south line of said Avondale=Haslet Road a
a 1/2r iron rod :found;
THENCE departing the south right of way line-0f said Avondale-Has Yet Road and
continuing along the southwesterly line o1 .U.S. Highway Na. 287, a variable width
public right of waY, the. fgllowing courses and distances;
South g3019'2.6° East, :a distance of 60-46: Feet to a highway monument found at the Point
of curvature of a non-tangent curve, concave to the nortlieas:t,
1,945,2:0 .Feet a central angle of 1;4.039'46". and having a radius of
50038'17" East; a chord of 496.45 Feet bearing South
Southeast along said curve; a distance of 497.80 Feet to a fence corner;
South 58902'32" Nast, a distance of 632.04 Feet to a highway Point of Of of a non-tangent cu g Y monument found at the
g curve, concave to the southwest, havIng .a Pius
53 5,753.58 Feet a central an of 2°03�27n, aril} a chord of 204.80 Feet bearing North
53x35'56" West;
Southeast along said curve; a distance of 20'4..81 Feet
CO stamped "RPLS 4828" set; to a 1/2" iron rod with plastic
South 52"33100" East, a distance of 1,.0&8.22 Feet to a 1/2"
stamped "RPLS 4818" set at the southeast corner of §aid irC rod ads with1plastic cap
tract;
Ltd.
THENCE North 89038'01" West, departing the southwesterly line of said U.S. Hi h a
287 dnd continuing along the south line of the said Vista Crossroads I, Ltd. tract, a
distance of 535.08 Feet to a 1/2n g Way No.
/ iron rod with plastic cap stamped "R-PLS 4818" set;
THENCE North 37027100" East, continuingalong the southeast line of a 1.20 acre tract
described in the save and except in Volume 16778, Page a5, Deed Records, Tarrant
County, Texas, a distance of 73.79 Feet to a 1/2" iron rod with plastic cap stamped
Exhibit A-Legal Description
Page 6 of 7
f—xett!3 1 1 B
Pale- /0
LEGAL DESCRIPTION
"RPLS 4918" set,
THENCE North 52°33'00" _West, departing the said southeast line and continuing along the
northeast line of said 1.20 acre tract, a distance of 324.90 Feet to a 1/2" iron rod_
with plastic cap stamped "RPLS 4818" set_,
THENCE South 37027'00" West, departing the said northeast line and 6ontinu
northwest line of said 1.20 acre tract, a distance of 100.00 Feet to the
a 1%2" iron Ing along g
with plastic cap stamped "RPL; 4818" set.;
THENCE South o°21'59" West, departing the said northwestand continuin
, line g along the
west line of said 1.20 acre tract, a distance of 175
plastid cap stamped "RPLS 4818." set; .00 Feet to a 1)2" Iran rod with
THENCE North 89138'01" West, departing the west line of said 1.20 acre tract and
continuing along the south line of the said Vista Crossroad§ T, Ltd,. tract, a distance
of 1,463.01 Feet to the POINT OF BEGINNING; and containing a computed area o€ 37.589
Acres, moxe or less.
mMa
Exhibit A-Legal Description
Page 7 of 7
M&C Review
Pagel of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORTWORm
COUNCIL ACTION: Approved on 7/19/2011
REFERENCE 60HUNTER
NO.. **
DATE: 7/19/2011 C-25029 LOG NAME: CROSSROADS
AGREEMENT ,
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize the City Manager to Execute an Agreement with Hunter Crossroads, LP, for the
Donation of Land, Easements and Access for the Placement of a Water Storage Tank
and a Twenty Four-Inch and a Thirty-Inch Water Main to Serve Hunter Crossroads
Addition and Far Northwest Part of Fort Worth in Exchange for the Waiver of Water Main
Capacity Cost Participation Valued at Approximately $253,692.00 (COUNCIL DISTRICT
7)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an Agreement with
Hunter Crossroads, LP, for the donation of land, easements and access for the placement of a water
storage tank and a 24-inch and a 30-inch water main to serve Hunter Crossroads Addition and far
northwest part of Fort Worth in exchange for the assessment of a Water Main Capacity Cost
Participation.
DISCUSSION:
Water Department has a capital improvement project that consists of a proposed elevated tank, a 30-
inch water main bored under Highway 287 and a 24-inch water main from the west right-of-way of
Highway 287 to the elevated tank. This project has been under design to provide service to the far
northwest part of Fort Worth and a proposed Wal-Mart located south of Avondale-Haslet Road. This
proposed capital improvement project has been on hold due to the land and easement negotiations.
Hunter Crossroads, LP, the developer of Hunter Crossroads Addition located south of Avondale-
Haslet Road at State Highway 287 and along east and west frontage road to State Highway 287, has
agreed to donate approximately 1.7 acres of usable land free of lien and easements at an acceptable
site by the Water Department. Hunter Crossroads, LP, has also agreed to donate any necessary
permanent and temporary water main easements and to grant right-of-entries and access easement
to the tank site. Hunter Crossroads, LP, will receive water capacity from the proposed 24-inch and
30-inch water mains to serve the Hunter Crossroads Addition, which consists of 156.2 acres of zoned
multi-family residential, commercial and light industrial lots.
The proposed water main will be in two construction contracts. The first construction contract is under
a proposed Community Facility Agreement (CFA) with Wal-Mart Stores Texas, LLC. Authorization for
the Water Department's cost participation is being considered under the M&C log name 60WAL-
MART AT AVONDALE HASLET RD. The companion M&C for Transportation and Public Work's cost
participation is being considered under the M&C log name 06WAL-MART AT AVONDALE HASLET
ROAD TPW PORTION. The second construction contract is the Water Department's capital
improvement project that will commence advertisement of the project within six months of Wal-Mart's
certificate of occupancy date and completion of the CFA project.
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15289&councildate=7/19/2011 7/25/2011
1viat, Keview
Page 2 of
In exchange for the donations, the City will waive any and all water main capacity participation by
Hunter Crossroads for the 24-inch and 30-inch water mains to serve Hunter's Development as
prescribed by the City's Code of Ordinances and/or Policy of the Installation of Community Facilities
for Water and Wastewater Facilities. The Water Department believes that the waiver of such cost
participation and the donation of the land serve a public purpose.
This development is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on
City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by Fernando Costa (6122)
Originating Department Head: S. Frank Crumb (8207)
Additional Information Contact: Wendy Chi-Babulal (8242)
ATTACHMENTS
Future Tank Site exhibit pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15289&councildate=7/19/2011 7/�Sign i