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Home My WebLink AboutContract 46855 e AS CITY SECRETARY ED CONTRACT NO. JUL 2 0 2015 CITY OF FORT 1 VORTy 19 CIT'SECRETARY IN NEGOTIATED SETTLEMENT AGREEMENT This Settlement Agreement is between the City of Fort Worth ("City"), by and through its authorized Assistant City Manager, and Brian Bentley. WHEREAS,Brian Bentley is the owner of 901 Cleckler Avenue; WHEREAS, the City is engaged in a public street improvement project that affects Cleckler Avenue and requires a 79-square foot tract of land for street improvements and a 54-square foot tract of land for storm drainage at 901 Cleckler Avenue, more particularly described in the metes and bounds and survey attached to this settlement agreement; WHEREAS, the property that the City seeks will be owned and used by the public; WHEREAS, the City needs to complete its work on a public sidewalk across the front of the property parallel to Cleckler Avenue; WHEREAS, the City and Brian Bentley agree that bona fide disputes and controversies exist between the two parties related to 901 Cleckler Avenue; WHEREAS, the City and Brian Bentley desire to compromise and settle any and all claims and/or causes of action between the parties related to 901 Cleckler Avenue; and WHEREAS, the City relied on Brian Bentley's representations to reach this agreement. OFFICIAL kECORD CITY SECRETARY FT.WORTH,TX Negotiated Settlement Agreement Page 1 of 5 NOW, THEREFORE, in consideration of the recitals set forth above, the mutual promises and agreements made herein, and other valuable consideration, the receipt and sufficiency of which is acknowledged, the City and Brian Bentley agree as follows: 1. Release by Brian Bentley: For and in consideration of the recitals set forth above and the actions to be taken under the terms of this Settlement Agreement as described below, Brian Bentley does hereby RELEASE, ACQUIT, and FOREVER DISCHARGE the City, the City's agents, servants, contractors, employees, executors, heirs, and assigns, and all persons, natural or corporate, in privity with it or any of said persons from any and all claims, demands, or causes of action of any kind whatsoever, at common law, statutory, or otherwise, which Brian Bentley has now, known or unknown, existing, directly or indirectly to the City, it being intended by the Settlement Agreement to RELEASE, ACQUIT, and FOREVER DISCHARGE all claims of any kind which Brian Bentley might have against the City. 2. Consideration. For and in consideration of the recitals and releases set forth above and other provisions set forth below: a. The City agrees to pay Brian Bentley the sum of TWO HUNDRED AND N0/100 DOLLARS ($200.00) for fee-simple ownership of a 79-square foot tract of land for street improvements and a 54-square foot tract of land for storm drainage, more particularly described in the metes and bounds and survey attached to this settlement agreement as Exhibit A; Negotiated Settlement Agreement Page 2 of 5 i b. the City will complete the public sidewalk across the front of 901 Cleckler Avenue parallel to Cleckler Avenue.; C. Brian Bentley shall allow the City access and entry onto 901 Cleckler Avenue for the purpose of completing the public sidewalk and replacing the retaining wall; d. the City will process, complete and pay all costs associated with re-platting 901 Cleckler Avenue; and e. the City will provide a survey to Brian Bentley of the entire lot of 901 Cleckler Avenue. 3. Parties Bound. This Settlement Agreement shall be binding upon and inure to the benefit of the parties to this Settlement Agreement and their heirs, executives, administrators, legal representatives, successors, and assignees. 4. Representations. The City has relied on the representations of Brian Bentley to reach this settlement. The parties agree that these representations survive this settlement agreement. S. Texas Law to Apply. This Settlement Agreement shall be construed under, and in accordance with, the laws of the State of Texas, and all obligations of the parties created by this Settlement Agreement are performable in Tarrant County, Texas. Negotiated Settlement Agreement Page 3 of 5 6. Legal Construction. If any of the provisions contained in this Settlement Agreement shall for any reason be held to be invalid, illegal, or unenforceable, the invalidity, illegality, or unenforceability shall not affect any other provision of the Settlement Agreement, and this Settlement Agreement shall be construed as if the invalid, illegal, or unenforceable provision had not been included in the Settlement Agreement. 7. Amendment. No amendment, modification, or alteration of the terms of this Settlement Agreement shall be binding unless it is in writing, dated subsequent to the date of this Settlement Agreement, and duly executed by the City and Brian Bentley. Executed and effective on day of �� 2C 2015, at Fort Worth, Tarrant County, Texas. ^ n � l I �I 2 Brian)B ntley Date: j _ J�O _ ZO/s a+ s Negotiated Settlement Agreement Page 4 of 5 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, Notary Public in and for the State of Texas, on this day personally appeared Brian Bentley, known to me to be the person I whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of alf C30 2015. ==N. SEELEYEYf TexasNOxpires19 otary Public in and for „ The State of Texas THE CITY OF FORT WORTH Fernando Costa,A7it City Man F® �� ° 6aryI4�W, ity Vcretary % gr 0000000 -V-7- AP OVED AS FO LEGALITY: L Christopher B.Mosley Senior Assistant City Attorney OFFICIAL RECORD E�EM&CREQUIRED CITY SECRETARY FT.WORTH,TX Negotiated Settlement Agreement Page of 5 FORTWORTH a REAL PROPERTY DESCRIPTION,PARCEL 1 79 square feet/0.002 of an acre Situated in Lot 1,Block 9 Garden Addition to Riverside 2°d Filing All that certain parcel of land situated in Lot 1,Block 9,Garden Addition to Riverside 2°d Filing, according to the plat recorded under Volume 204-A,Page 145 Plat records,Tarrant County,Texas,being a part of that certain tract described in the Sheriffs Deed to Brian H.Bentley,executed December 1, 1998,recorded under Volume 13547,Page 5 of the Official Public Records of Tan-ant County,Texas and being more particularly described as follows: BEGINNING at an"X"cut in concrete,set at the intersection of the westerly right-of-way line of Cleckler Avenue(a 30'public right-of-way per plat)with the northerly line of a 15'wide Strip of Reserved Land(per plat)currently being used for Murphy Street by the public. Said BEGINNING also being the southeast corner of said Lot 1 and said Bentley tract; THENCE North 89 degrees 08 minutes 03 seconds West along said 15' Wide Strip, 12.14 feet to a 5/8" iron rod set with a red plastic cap stamped"City of FT Worth Survey Div."for corner(hereinafter all iron rods set are described as such);from whence a 1/2"iron rod found with yellow plastic cap bears Notch 89 degrees 08 minutes 03 seconds West, 136.75 feet near the southeast corner of Lot 14,said Block 9 of said Addition; THENCE North 43 degrees 09 minutes 59 seconds East leaving said lot line and said north Strip Line, 17.00 feet to a 5/8 iron rod set for corner; THENCE South 89 degrees 48 minutes 04 seconds East,0.50 feet to an"X"cut in concrete,set for corner in the aforementioned westerly right-of-way line of said Cleckler Avenue,same being the east line of the aforementioned Lot 1; THENCE South 00 degrees 03 minutes 12 seconds East along said westerly right-of-way line and said Lot, 12.59 feet to the Place of beginning and containing 79 square feet of land/0.002 of an acre,more or less. SEAL IMPRESSED ZI; Date: 03-10-2015 aniel PCNmAack R.P.L. Texas Aegistration No.4481 Job No.614113001 Sheet 2 of 3.Exhibit map is sheet 1. TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SU RVZMG S>MCSS TM CITY of F'oxf WoRm * 8851 Camp Bowie Blvd Wert * Foxr Women,'hexes 76116 817 392-7925 * FAx 817-392-7895 FORTWORTH a REAL PROPERTY DESCRIPTION,PARCEL 2 54 square feet/0.001 of an acre Situated in Lot 1,Block 9 Garden Addition to Riverside 2"d Filing All that certain parcel of land situated in Lot 1,Block 9,Garden Addition to Riverside 2°d Filing, according to the plat recorded under Volume 204-A,Page 145 Plat records,Tarrant County,Texas,being a part of that certain tract described in the Sheriff's Deed to Brian H.Bentley, executed December 1, 1998,recorded under Volume 13547,Page 5 of the Official Public Records of Tarrant County,Texas and being more particularly described as follows: BEGINNING at an"X"cut in concrete,set in the east line of said Lot,from whence the southeast corner of said lot bears South 00 degrees 03 minutes 12 seconds East, 12.59 feet; THENCE North 89 degrees 48 minutes 04 seconds West leaving said Lot line,4.07 feet to a 5/8"iron rod set with a red plastic cap stamped"City of FT Worth Survey Div."for corner(hereinafter all iron rods set are described as such)for corner; THENCE North 00 degrees 03 minutes 12 seconds West, 13.30 feet to a 5/8"iron rod set for corner; THENCE South 89 degrees 48 minutes 04 seconds East,4.07 feet to an"X"cut in concrete,set for comer in the aforementioned east line of Lot 1; THENCE South 00 degrees 03 minutes 12 seconds East along said Lot line, 13.30 feet to the Place of beginning and containing 54 square feet of land/0.0012 of an acre,more or less. SEAL IMPRESSED Zte. -10-2015 Dgel mm R.P.L.S Texas Regis tion No.4481 Job No.614113001 Sheet 3 of 3.Exhibit map is sheet 1. n TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SURVZYMc SERVICBs Tim Crry of FoRr WoRTu * 8851 Camp Bowie Blvd West * Four Woxxa,Msx"76116 817 392-7925 * Fax 817-392-7895 �f 1/2-CAPPED IRON �p a ROD FOUND 4*46 I 4 o I LOT 13 o V AQ � LOT 2 V 1L .(Y,1_ o 1/2-CAPPED IRON I OV ROD FOUND v I _ S89' 08' 031E — — zz 139.35 m 1/2-CAPPED IRON w� a n ROD FOUND,0.38' u SOD' 03' 12'E a a ' 0%0. N7T 19' 49"IN. 13.30' a7 FROM CORNER LOT 1 S89' 48'�04'E PLACE OF LOT 14 � o I BRIAN H BENAEY • ' 4,07 W z I " VOLUME f35�7. PAGE 5 N00 03 12 , BEGINNING z R I 13.30 PARCEL 2, 54SF. 901 CLECKLER /0.001 AC. 1/2- IRON ROD FOUND N89' 48 04`W 1/2-CAPPED IRON aN25 10' 39"W,0.8' 4.07' S89' 48' 04'E, ROD FOUND I FROM CORNER 127.15' N43' 09' 59'E,17.00' • cuRe _ S89. OS' 031E \ — 139.30' Cow- cu, S00. 03' 121E MURPHY STREET 148.90',Ns9' 09' o3'W N89. 08' o3'W 12.59' 15' STRIP WFERVED PPR FLAT BUT NOT — — 12.14' DEDICATED AS PUBLIC R-O-1I, — — — NOREM IT IS USED FOR vEHICULAR SEE INSET TRAFFIC SCALE. 1 " = 30' PLACE OF BEGINNING -� PARCEL 1 M 79 SF. / 0.002 AC. w M. J Z 1 NOTE, SEE INSET FOR MONUMENTS SET. 0 1. • = 5/8' IRON ROD SET WITH A RED 4.07' ix PLASTIC CAP STAMPED 'CITY OF FT WORTH 11 0.50' INSET SURVEY DIV.' CONC. CURB 2 x = `X' CUT IN CONCRETE, SET. N EXHIBIT SHO WING 12.14' TWO PARCELS SITUATED IN LOT 1, BLOCK \CONC. CURB 9, GARDEN ADDITION TO RIVERSIDE 2ND FILING ACCORDING TO PLAT RECORDED IN VOLUME 204—A, PAGE 145 PLAT RECORDS SEAL IMPRESSED OF TARRANT COUNTY, TEXAS FORT WORTH 45�03-10-2015 DANIEL MAK R.P.L.S. TEXAS RE TRATION NO, 4481 SHEET 1 OF 3. SHEETS 2 & 3 ARE PROPERTY DESCRIPTIONS. Transportation & Public Forks Dept. _ Surveying Services BASIS OF BEARINGS, WESTERN DATA SYSTEMS RTK NETWORK, DATE 03-10-2015 SCALE 1' = 30' N.A.D. 83, NORTH CENTRAL TEXAS ZONE. DRAWN BY DEH FILE NO. 614114001 DISTANCES ARE SURFACE MEASUREMENTS. CITY PR❑J. #01232 City of Fort Worth, Tx. 1000 Throcknorton St. 76102 Phi 817-392-8271