HomeMy WebLinkAboutResolution 2005-054
RESOLUTION NO. 2005-054
WHEREAS, the City Council desires to authorize the purchase land from ARCADIA LAND
PARTNERS 25, LTD. and Arcadia Holdings, Inc. and to authorize the City
Manager to execute all documents required to complete such purchase; NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
Section 1: That the acquisition by the City of approximately 5.6195 acres ofland as described
on the Special Warranty Deed attached hereto for a total purchase price of $425,947.76 is
hereby authorized.
Section 2: That the City Manager of the City of North Richland Hills is authorized to execute
on behalf of the City all documents required to complete such acquisition.
AND IT IS SO RESOLVED.
PASSED on the 11th day of July, 2005.
By:
APPROVED AS TO CONTENT:
Richard Torres, Ass' a
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NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING
INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR
RECORD IN PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
Mailing Address of Grantee:
City of North Richland Hills
7301 N.E. Loop 820
P .O.Box 820609
Fort Worth, Texas 76107
North Richland Hills, Texas 76180
Attention: Larry J. Cunningham
SPECIAL WARRANTY DEED
THE STATE OF TEXAS
§
§
§
KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF TARRANT
THAT, ARCADIA LAND PARTNERS 25, LTD., a Texas limited partnership (hereinafter
referred to as "Grantor") for and in consideration of the sum ofTen and Noll 00 Dollars ($10.00) and
other valuable consideration, the receipt and sufficiency of which consideration are hereby
acknowledged, with no portion of the property conveyed herein constituting any portion of any ofthe
Grantor's community estate or homestead, has GRANTED, SOLD and CONVEYED and by these
presents does GRANT, SELL and CONVEY unto the CITY OF NORTH RICHLAND HILLS,
TEXAS (hereinafter referred to as "Grantee"), the following described property (the "Property"), to-
wit:
The real property described on Exhibit "A" attached hereto and made a part hereof
for all purposes, together with all of the easements, rights-of-way, privileges,
liberties, hereditaments, strips and gores, streets, alleys, passages, ways, waters, water
courses, rights and appurtenances thereto belonging or appertaining, and with all
improvements located thereon, and all of the estate, right, title, interest, claims or
demands whatsoever of Grantor therein and the streets and ways adjacent thereto
either in law or in equity; subject, however, to those matters set forth on Exhibit "B"
attached hereto and made a part hereof by reference for all purposes.
TO HAVE AND TO HOLD the above described Property, together with any and all the
rights and appurtenances thereto in anywise belonging to Grantor, unto the said Grantee, its
successors, legal representatives and assigns FOREVER, and the Grantor does hereby bind itself and
Special Warranty Dero - Page]
2156.104
its successors, legal representatives and assigns to WARRANT AND FOREVER DEFEND all and
singular the said Property unto the said Grantee, its successors, legal representatives and assigns,
against every person whomsoever lawfully claiming or to claim the same or any part thereof, by,
through or under the Grantor but not otherwise.
Ad valorem taxes levied and assessed against the Property for the current year have been
prorated as of the date of this Deed and payment thereof assumed and agreed to be paid by Grantee.
EXECUTED as ofthe~day of September, 2005.
GRANTOR:
ARCADIA LAND PARTNERS 25, LTD.,
a Texas limited partnership
By: Arcadia Realty Corp., its General Partner
By:
~_...,------.
John Hodge, President
STATE OF TEXAS §
COUNTYOF~Lt1/J ~
This instrument was executed before me on the 2!Jd.. day of September, 2005, by John
Hodge, the President of Arcadia Realty Corp., the General Partner of ARCADIA LAND
PARTNERS 25, LTD., a Texas limited partnership, on behalf of said limited partnership.
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Special Warranty Dee{] - Page 2
2156.104
EXHIBIT "A"
LEGAL DESCRIPTION
ALL ofthat certain tract or parcel ofland situated in the L.C. WALKER SURVEY, ABSTRACT
NO. 1652, Tarrant County, Texas and being a portion of Tract 1 as described in Deed to Arcadia
Land Partners 25, Ltd., as recorded in Instrument No. D203472402 of the Deed Records, Tarrant
County, Texas and a portion of Tract II as described in Deed to Arcadia Land Partners 25, Ltd.,
as recorded in Instrument No. D203472402 of said Deed Records and all ofthat tract as
described in Deed to Arcadia Holdings Inc., as recorded in Volume 16046, Page 407 of said
Deed Records, and also a portion of Cardinal Lane (a variable width right-of-way) and being
more particularly described by metes and bounds as follows:
BEGINNING at a 1/2 inch steel rod with cap stamped "GRAHAM & ASSO" found for the
northwest comer of Lot 3, Block 1, Northeast Crossing Addition, an Addition to the City of
North Richland Hills, Tarrant County, Texas according to the plat recorded in Cabinet A, Slide
6064 of the Plat Records, Tarrant County, Texas;
THENCE South 01 degrees 05 minutes 39 seconds West with the westerly boundary line of said
Lot 3, a distance of 89.31 feet to a 1/2 inch steel rod with cap stamped "MOAK SURV INC" set;
THENCE South 45 degrees 07 minutes 3 7 seconds West departing said westerly boundary line, a
distance of232.46 feet to a 1/2 inch steel rod with cap stamped "MOAK SURV INC" set;
THENCE South 89 degrees 52 minutes 23 seconds West, a distance of56.91 feet to a 1/2 inch
steel rod with cap stamped "MOAK SURV INC" set;
THENCE North 00 degrees 07 minutes 37 seconds West, a distance of23.85 feet to a 1/2 inch
steel rod with cap stamped "MOAK SURV INC" set;
THENCE South 45 degrees 07 minutes 37 seconds West, a distance of9.14 feet to a 1/2 inch
steel rod found;
THENCE North 01 degrees 22 minutes 14 seconds West with said right-of-way line and said
City tract, a distance of 53.14 feet to a 1/2 inch steel rod found for the beginning of a curve to the
left from which the center bears South 82 degrees 10 minutes 16 seconds West, at a distance of
180.00 feet;
THENCE Northwesterly with said curve to the left and continuing with said right-of-way line,
having an arc length of 138.09 feet, a central angle of 43 degrees 57 minutes 22 seconds and a
chord bearing of North 29 degrees 48 minutes 25 seconds West, at a distance of 134.73 feet to a
1/2 inch steel rod found for the northwest corner of said City tract;
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2156.104
THENCE South 00 degrees 07 minutes 56 seconds East departing said right-of-way line and with
the westerly boundary line of said City tract, 164.45 feet to a 1/2 inch steel rod found;
THENCE South 44 degrees 52 minutes 23 seconds East continuing with said boundary line, a
distance of 51.84 feet to a 1/2 inch steel rod founçi in the proposed northwesterly right-of-way
line of Grand Avenue (a 90 foot right-of-way);
THENCE South 45 degrees 07 minutes 37 seconds West with said proposed right-of-way line, a
distance of 287.44 feet to a 1/2 inch steel rod with cap stamped "MOAK SURV INC" set in the
proposed southwesterly right-of-way line of Simmons Drive (a 60 foot right-of-way);
THENCE North 46 degrees 32 minutes 03 seconds West with said proposed southwesterly right-
of-way line, a distance of 638.32 feet to a 1/2 inch steel rod with cap stamped "MOAK SURV
INC" set in the southerly right-of-way line of said Cardinal Lane;
THENCE North 17 degrees 07 minutes 31 seconds East departing said right-of-way line, a
distance of66.95 feet to a 1/2 inch steel rod with cap stamped "MOAK SURV INC" set in the
northerly right-of-way line of said Cardinal Lane, being the southerly boundary line of a tract
described in Deed to Green Scaping Properties, L.P., as recorded in Instrument No. D204248707
of said Deed Records, also being the beginning of a curve to the left from which the center bears
North 24 degrees 46 minutes 38 seconds East, at a distance of 189.70 feet;
THENCE Southeasterly with said curve to the left and with said northerly right-of-way line,
having an arc length of 86.17 feet, a central angle of 26 degrees 01 minutes 35 seconds and a
chord bearing of South 78 degrees 14 minutes 10 seconds East, at a distance of85.43 feet to a 1/2
inch steel rod with cap stamped "MOAK SURV INC" set;
THENCE South 89 degrees 58 minutes 44 seconds East continuing with said right-of-way line, a
distance of 94.86 feet to a 1/2 inch steel rod found for the southeast comer of said Green tract,
being the southwest comer of Block 1, Hansard-Lewis Subdivision, an Addition to the City of
North Richland Hills, Tarrant County, Texas as recorded in Volume 388-15, Page 409 of said
Plat Records;
THENCE South 89 degrees 59 minutes 04 seconds East continuing with said right-of-way line, a
distance of 489.21 feet to a 1/2 inch steel rod found for the southeast comer of said Block 1,
Hansard- Lewis Subdivision, also being the southwest comer of a tract described in Deed to Mega
Life and Health Insurance Company as recorded in Volume 16400, Page 57 of said Deed
Records;
THENCE South 85 degrees 25 minutes 49 seconds East continuing with said right-of-way line, a
distance of 150.87 feet to a 3/8 inch steel rod found for the northwest comer of said Tract 11,
Arcadia Land Partners 25, Ltd. tract;
THENCE South 88 degrees 54 minutes 21 seconds East departing said right-of-way line and
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2156.104
continuing with the southerly boundary line of said Mega Life tract, a distance of 185.23 feet to
the PLACE OF BEGINNING and containing 5.6195 acres ofland, more or less.
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2156.104
EXHIBIT "B"
PERMITTED EXCEPTIONS
1. The restrictive covenants recorded in Volume 6124, Page 635; Volume 6124, Page 642; Volume
13560, Page 386; and Volume 14643, Page 398, of the Deed Records of Tarrant County, Texas.
2. Reservation of 1/16 interest in oil, gas or other minerals in, under or above the property in Deed
executed by J.H. Lawson and wife, Anna M. Lawson to Harry V. Rooke, dated January 28,1944,
filed February 10, 1945, recorded in Volume 1621, Page 368, Deed Records, Tarrant County,
Texas.
3. Conditional Easement Agreement executed by and between Troy M. Fuller, Trustee and William
E. Pasteur, Trustee, and Leonard W. Moore, dated March 5, 1975, filed May 30, 1975, recorded
in Volume 5830, Page 10, of the Deed Records of Tarrant County, Texas.
4. Easement executed by National Old Line Insurance Company to City of North Richland Hills,
dated March 19, 1990, filed April 30, 1990, recorded in Volume 9910, Page 714, of the Deed
Records of Tarrant County, Texas.
5. Easement executed by National Old Line Insurance Company to City of North Richland Hills,
dated March 19, 1990, filed April 30, 1990, recorded in Volume 9910, Page 733, of the Deed
Records of Tarrant County, Texas.
6. Amended and Restated Easement Agreement by and between Mega Life and Health Insurance
Company and PFL Life Insurance Company, dated June 6, 1996, filed June 14, 1996, recorded in
Volume 12400, Page 2356, Deed Records, Tarrant County, Texas.
First Amendment to Amended and Restated Easement Agreement by and between Mega Life and
Health Insurance Company, and Northeast Crossing Limited Partnership, dated December 10,
1998, filed December 14, 1998, recorded in Volume 13560, Page 389, Deed Records, Tarrant
County, Texas.
7. Amended and Restated Easement Agreement by and between PFL Life Insurance Company, and
Mega Life and Health Insurance Company, dated May 31, 1996, filed June 14, 1996, recorded in
Volume 12400, Page 2369, Deed Records, Tarrant County, Texas.
First Amendment to Agreement Regarding Cardinal Lane by and between Trustees, E-Systems,
Inc., Pool Trust, and Northeast Crossing Limited Partnership, dated August 23, 1999, filed
September 3, 1999, recorded in Volume 13994, Page 402, Deed Records, Tarrant County, Texas.
Second Amendment to Agreement Regarding Cardinal Lane by and between Trustees, E-
Systems, Inc., Pool Trust, and Northeast Crossing Limited Partnership, dated June 14,2000, filed
October 23,2001, recorded in Volume 15212, Page 255, Deed Records, Tarrant County, Texas.
8. Access Agreement by and between Trustees, E-Systems, Inc., Pool Trust and Northeast Crossing
Limited Partnership, dated August 23, 1999, filed October 8, 1999, recorded in Volume 14045,
Page 64, Deed Records, Tarrant County, Texas.
9. Agreement Regarding Cardinal Lane by and between Trustees, E-Systems, Inc., Pool Trust and
Northeast Crossing Limited Partnership, dated December 10,1998, filed December 14, 1998,
recorded in Volume 13560, Page 386, ofthe Deed Records of Tarrant County, Texas.
10. The outstanding interest in oil, gas, and/or other minerals as set forth in instrument by and
between Arcadia Land Partners 25, Ltd., a Texas limited partnership and The Hodge Children's
Trust (as to a 50% undivided interest), William Gietema Jr. Legacy Trust (as to a 25% undivided
interest) and Christine Racke Gietema Legacy Trust (as to a 25% undivided interest), dated June
2,2005, filed June 24,2005, recorded in Document No. D205180856, of the Deed Records of .
Tarrant County, Texas.
11. Lack of access to a publicly dedicated road as evidenced by survey dated 8/23/2005, prepared by
John W. Morgan, RPLS # 5488, Moak Surveyors, Inc.
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