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Home My WebLink AboutContract 43684-CA1 .."k' RMCITY SECRETARY V,q,�_ CA t JUL-6 2015 CONT RACT No. CMCFFORTWORT�_ CUSS RETARY PARTIAL RELEASE OF STORM WATER FACILITY MAINTENANCE AGREEMENT STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF TARRANT § This Partial Release of Storm Water Facility Maintenance Agreement ("Release") is made and executed by the City of Fort Worth, a Texas municipal corporation (the "City"), effective as of the 8th day of July, 2015. RECITALS: WHEREAS, FW Mason Heights, L.P. ("Mason Heights") and the City entered into that certain Storm Water Facility Maintenance Agreement ("SWFMA"), dated effective October 3, 2012, filed as Instrument No. D212247478 in the Real Property Records of Tarrant County, Texas, in which the City required that on-site Storm Water Management Facilities ("Facilities") be constructed and adequately maintained by Mason Heights, its successors and assigns, on that certain approximately 56.78 acre tract of real property located in Tarrant County, Texas, as more particularly described in the SWFMA (the"Facili , Property"). WHEREAS, Mason Heights and ACH Child and Family Services ("ACH") entered into that certain Contract of Sale, dated effective as of April 8, 2015, whereby Mason Heights agreed to sell and convey to ACH an approximately 3.338 acre tract out of the Facility Property, described in Exhibit "A" attached hereto and incorporated herein by reference (the "Released Property"). WHEREAS, the City has determined that no Facilities arising under the SWFMA are located on the Released Property. WHEREAS, the City has agreed to execute and deliver this Release to (i) evidence the Released Property's release from the SWFMA, including any and all restrictions and obligations contained therein; and (ii) release ACH from any and all existing or future obligations under the SWFMA. NOW THEREFORE, for the purposes set forth herein and for good and valuable consideration, the receipt and sufficiency of which are acknowledged, the City agrees as follows: 1. To the extent that the Released Property is subject to the SWFMA, the City does forever release the Released Property and ACH from all existing and future maintenance requirements and obligations resulting from and concerning the SWFMA; OFFICIAL RECORD 1899170 CITY SECRETARY FT. WORTH,TX 2. The City, by this Release, does not intend in any way or manner to release, affect, or impair any rights of Mason Heights or the City under the SWFMA to the extent such rights relate to the balance of the Facility Property other than the Released Property; and 3. Except as affected by this Release, all other provisions of the SWFMA shall remain in full force and effect. EFFECTIVE as of the date first set forth above. CITY OF FORT WORTH By: Name: einan 2 Title: Assistant City Manager Approved as to form & legality: d� Grant Jord Assistant City Attorney ATTEST Q� ORr0 / 1.00 �0 ° City SecretaryOV � --R V$ s� STATE OF TEXAS § XA § NO M&C REQUIRED COUNTY OF TARRANT § This instrument was acknowledged before me on the Ap- day of 1KW 2015, by F 4'hMap � t, Assistant City Manager of the City of Fort Worth, a Texas municipal corporation, on behalf of said municipal corporation. "N LINDA M.HIRRLINQER *: My COMMISSION EXPIRES February 2,2018 Notary Public, State of Texas FOFFICIAL RECORD 1899170 ECRETARY . ORTHo TX After Recording,_Please Return to: 1899170 Exhibit "A" BEING a tract of land situated in the J. JUSTICE SURVEY, ABSTRACT NO. 859, City of Fort Worth, Tarrant County, Texas and being all of Lot 4R2, Block 1, Mason Heights Addition, an addition to the City of Fort Worth, Tarrant County, Texas according to the plat thereof recorded in County Clerk's File No. D215125841, Plat Records, Tarrant County, Texas and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod with red plastic cap stamped "W.A.I." found for the northwest corner of said Lot 4R2, Block 1, said iron rod also being situated in the westerly right- of-way line of Wichita Street (variable width right-of-way); THENCE South 07 deg 24 min 01 sec West, along the westerly right-of-way line of said Wichita Street, a distance of 238.60 feet to a 1/2 inch iron rod with red plastic cap stamped "W.A.I." set for corner and the beginning of a curve to the left having a radius of 676.22 feet, a central angle of 03 deg 40 min 11 sec, a chord bearing of South 05 deg 29 min 29 sec West and a chord length of 43.30 feet; THENCE continuing along said westerly right-of-way line, an arc distance of 43.31 feet to a 1/2 inch iron rod with red plastic cap stamped "W.A.I." set for corner at the northeast end of a corner clip at the intersection of the westerly right-of-way line of said Wichita Street and the northerly right-of-way line of Grayson Street(variable width right-of-way, at this point); THENCE South 46 deg 40 min 47 sec West, along said corner clip, a distance of 14.52 feet to a 1/2 inch iron rod with red plastic cap stamped "W.A.I." set for corner, said iron rod being situated in the northerly right-of-way line of said Grayson Street; THENCE along the northerly right-of-way line of said Grayson Street the following: North 89 deg 52 min 25 sec West, a distance of 40.44 feet to a 1/2 inch iron rod with red plastic cap stamped "W.A.I." set for corner and the beginning of a curve to the right having a radius of 430.00 feet, a central angle of 12 deg 03 min 27 sec, a chord bearing of North 84 deg 05 min 28 sec West and a chord length of 90.32 feet; Along said curve to the right, an are distance of 90.49 feet to a 1/2 inch iron rod with red plastic cap stamped "W.A.I." set for corner; North 78 deg 03 min 44 sec West, a distance of 123.40 feet to a 1/2 inch iron rod with red plastic cap stamped "W.A.1." set for corner and the beginning of a curve to the left having a radius of 490.00 feet, a central angle of 11 deg 48 min 48 sec, a chord bearing of North 83 deg 58 min 08 sec West and chord length of 100.85 feet; Along said curve to the left, an arc distance of 101.03 feet to a 1/2 inch iron rod with red plastic cap stamped "W.A.I." set for corner; 1899170 North 89 deg 52 min 32 sec West, a distance of 67.39 feet to a MAG nail with shiner set for corner at the centerline of a 27' public access easement as shown on the plat of said Mason Heights Addition, said Public Access Easement is named Mighty Mite Drive; THENCE departing the north right-of-way line of said Grayson Street and along the centerline of said Public Access Easement the following: North 00 deg 07 min 24 sec East, a distance of 107.52 feet to a MAG nail with shiner set for corner and the beginning of a curve to the right having a radius of 113.50 feet, a central angle of 22 deg 37 min 45 sec, a chord bearing of North 11 deg 26 min 16 sec East and a chord length of 44.54 feet; Along said curve to the right, an arc distance of 44.83 feet to a MAG nail with shiner set for corner; North 22 deg 45 min 09 sec East, a distance of 178.80 feet to a MAG nail with shiner set for corner and the beginning of a curve to the left having a radius of 115.65 feet, a central angle of 28 deg 59 min 41 sec, a chord bearing of North 05 deg 10 min 50 sec East and a chord length of 57.90 feet; Along said curve to the left, an arc distance of 58.53 feet to a MAG nail with shiner set for corner; North 09 deg 10 min 31 sec West, a distance of 48.47 feet to a MAG nail with shiner set for corner, said MAG nail being the most northerly northwest corner of said Lot 4R2, Block l; THENCE North 80 deg 49 min 30 sec East, departing the centerline of said 27' Public Access Easement and along a north line of said Lot 4R2, Block 1, a distance of 21.32 feet to a 1/2 inch iron rod with red plastic cap stamped "W.A.I." found for corner at the most northerly northeast corner of said Lot 4R2, Block 1; THENCE South 09 deg 10 min 31 sec East, continuing along the north line of said Lot 4R2, Block 1, a distance of 47.02 feet to a 5/8 inch iron rod with plastic cap stamped "RPLS 5647" found for corner; THENCE South 69 deg 30 min 09 sec East, continuing along said north line, a distance of 384.20 feet to the POINT OF BEGINNING. CONTAINING within these metes and bounds 3.338 acres or 145,401 square feet of land, more or less. 1.899170