HomeMy WebLinkAboutOrdinance 3496 ORDINANCE NO. 3496
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS,
VACATING AND ABANDONING IN-PLACE A PORTION OF A
SANITARY SEWER EASEMENT PREVIOUSLY CONVEYED TO THE
CITY; DECLARING THAT SUCH PORTION OF THE EASEMENT IS NO
LONGER NEEDED FOR USE BY THE PUBLIC; AUTHORIZING THE
MAYOR TO EXECUTE A QUITCLAIM DEED RELEASING AND
ASSIGNING A PORTION OF THE EASEMENT TO THE OWNER OF THE
FEE ESTATE; PROVIDING A SEVERABILTY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of North Richland Hills, Texas ("the City") is a home rule city
acting under its power adopted by the electorate pursuant to Article XI,
Section 5 of the Texas Constitution and Chapter 9 of the Local
Government Code; and
WHEREAS, on or about June 8, 2000, a sanitary sewer easement was granted to the
City, which such easement is filed of record as Instrument No.
D200170018 and recorded at the Deed Records of Tarrant County,
Texas, Volume 14455, Page 498, and further filed of record as Instrument
No. D197017553 of the Tarrant County Plat Records; and
WHEREAS, a Developer is proposing to construct a new building on his property is
requesting that a portion of the existing sewer line (depicted and
described in Exhibit "A" herein) be abandoned, and after careful study
and consideration, the City Council has determined that the public would
be better served and benefited by vacating and abandoning a portion of
the existing easement; and
WHEREAS, in order to remove any question as to the continued interest in the
easement or the City's intention to relinquish its rights in a portion of the
easement, the City desires to execute a quitclaim deed releasing a n d
assigning all title and control in a portion of said easement to the
owners of the fee estate on which the easement is located.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS:
SECTION 1: The City Council hereby finds the recitals above to be true and correct,
and such recitals are hereby incorporated into this Ordinance as if written
herein.
SECTION 2: The City Council finds that the public would be better served and
benefited by the vacation and abandonment of a portion of the sanitary
sewer easement conveyed to the City on or about June 8, 2000 filed of
Ordinance No 3496
Page 1 of 3
record as Instrument No. D200170018 and recorded at the Deed
Records of Tarrant County, Texas, Volume 14455, Page 498, and further
filed of record as Instrument No. D197017553 of the Tarrant County Plat
Records, and as shown and described on Exhibit "A" attached hereto
and incorporated herein. The portion of the existing easement to be
abandoned is shown and depicted on Exhibit "B."
SECTION 3: The purpose of vacating and abandoning a portion of the existing
easement is to support future development of the site.
SECTION 4: The City Council finds that a portion of the existing easement that is to
be abandoned is no longer needed for public use.
SECTION 5: The Mayor of the City of North Richland Hills, Texas, is hereby
authorized and empowered to execute a quitclaim deed releasing all
claims to title, ownership, or control of a portion of the above-
described easement to the current owner of the fee estate on which
the easement is located.
SECTION 6: The current owner of the fee estate shall agree to release the City from
any and all liability and agree to hold the City harmless from any and all
claims for damages or loss of any kind, for any reason, for any and all
activities, whether real or asserted, resulting on the property, arising out
of or in connection with the abandoned portion of the easement, such
agreement shall be executed and attached hereto as Exhibit "C."
Release of a portion of this easement shall run with the land and be
binding on all successors and assigns of the fee estate.
SECTION 7: Upon execution of the quitclaim deed and the hold harmless agreement,
the City Secretary is authorized and instructed to file this ordinance
along with the quitclaim deed in the deed records of Tarrant County,
Texas.
SECTION 8: This Ordinance shall be cumulative of all provisions of the Code of
Ordinances of the City of North Richland Hills, except where the
provisions of this Ordinance are in direct conflict with the provisions of
such ordinances and such Code, in which event conflicting provisions of
such ordinances and such Code are hereby repealed.
SECTION 9: All rights and remedies of the City of North Richland Hills are expressly
saved as to any and all violations of the provisions of any ordinances in
the Code of Ordinances of the City of North Richland Hills that have
accrued at the time of the effective date of this Ordinance; and, as to
such accrued violations and all pending litigation, both civil and criminal,
whether pending in court or not, under such ordinances, same shall not
be affected by this Ordinance but may be prosecuted until final
disposition by the courts.
Ordinance No 3496
Page 2 of 3
SECTION 10: It is hereby declared to be the intention of the City Council that the
phrases, clauses, sentences, paragraphs and sections of this ordinance
are severable, and if any phrase, clause, sentence, paragraph or section
of this ordinance shall be declared unconstitutional by the valid judgment
or decree of any court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have
been enacted by the City Council without the incorporation in this
ordinance of any such unconstitutional phrase, clause, sentence,
paragraph or section.
SECTION 11: This Ordinance shall be in full force and effect from and its passage.
AND IT SO ORDAINED.
PASSED AND APPROVED on this 22nd day of January, 2018.
I
CITY O N•RTH RI LAND ILLS
By:
Oscar revin., Mayor
ATTEST:
•
Alicia Richardson, City Seccptary, i.,.e`s*>�
APPROVED AS TO FORM AND LEGALITY:
jai ) CMX/2-
Maleshia B. McGinnis, City Attorney
APPROVED AS TO CONTENT:
7/1/La-0
Mike Curtis, P.E., Managing Director
Ordinance No 3496
Page 3 of 3
Ordinance No. 3496 Exhibit A page 1 of 5
CITY OF NORTH RICHLAND HILLS, TEXAS
SANITARY SEWER EASEMENT
STATE OF TEXAS {
KNOW ALL MEN BY THESE PRESENTS
1 COUNTY OF TARRANT {}
Mike Handy
That Uwe, dba First Choice Car Wash , as
Seller(s), for and in consideration of the agreed purchase price of Ten
Dollar(s) 10.00 ), and upon all of the terms and conditions hereof
hereby grant, sell and convey to the City of North Richland Hills, a municipal corporation of
Tarrant County, Texas, as Buyer, a perpetual easement for the purpose of constructing, using and
maintaining public sanitary sewer facilities including underground conduits, said perpetual
easement being shown and described on the plat attached hereto, which plat is made a part hereof,
and/or further described as follows:
(SEE ATTACHED PLAT AND LEGAL DESCRIPTION)
The agreed purchase price includes full accord, satisfaction and compensation for all
demands of the Seller, subject also to the following special conditions, if any:
To have and hold the same perpetually to the City of North Richland Hills and its
successors and assigns forever.
ek-
Executed this the day of A.D., 208.0
Mike Handy
SELLER(S)
Page 1 op PW3OWATR.EAS
Ordinance 3496 Exhibit A page 2 of 5
ADDRESS OF GRANTEE:
Li
City of North Richland Hills
7301 NE. Loop 820
North Richland Hills, Texas 76180
STATE OF TEXAS {}
COUNTY OF ,..P1,44444--e
This instrument was acknowledged before me by YkAjeLL9 on
-rot,
this the r/4"-- day of CPIAJ A.D. 209-0.
„f; SUSAN ALCORN
w Notary Public,State of Texas akijeAk) CaMitZI.0
My Comm.Exp.10-13-2001
Notary Public, State of Texas
Commission Expires: Notary's Printed Name:
/0-13-01 zit'. fikt) 41.Z0124)
Page 2 of 2 PW3OWATR-EAS
Ordinance 3496 Exhibit A page 3 of 5
EXHIBIT A
FIELD NOTES FOR A 15' SANITARY SEWER EASEMENT:
&f3EGIN A PORTION OF LOT 4R, BLOCK 1, WALKERS BRANCH ADDITION, AN ADDITION TO THE CITY OF
.NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET
;LA, SLIDE 3325, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING DESCRIBED AS FOLLOWS:
-;. BEGINNING AT A POINT IN THE NORTH LINE OF SAID LOT 4R, BLOCK 1, WALKERS BRANCH ADDITION
WAND BEING LOCATED 62.48 FEET NORTH 44 DEGREES 19 MINUTES 35 SECONDS EAST FROM THE
()NORTHWEST CORNER OF SAID LOT 4R, BLOCK 1, WALKERS BRANCH ADDITION;
;.. THENCE NORTH 44 DEGREES 19 MINUTES 35 SECONDS EAST 15.03 FEET;
THENCE SOUTH 49 DEGREES 25 MINUTES 47 SECONDS EAST 158.23 FEET;
51. THENCE SOUTH 89 DEGREES 39 MINUTES 47 SECONDS WEST 22.91 FEET;
t."!' THENCE NORTH 49 DEGREES 25 MINUTES 47 SECONDS WEST 141.90 FEET TO THE POINT
-OF BEGINNING AND CONTAINING 2,250.95 SQUARE FEET OF LAND, MORE OR LESS
x°.
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Ordinance 3496 Exhibit A Page 4 of 5
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8409 HARWOOD ROAD
VARIABLE R.0.W.
Ordinance 3496 Exhibit A page 5 of 5
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0 D200170018
`a' NORTH RICHLAND HILLS TEXAS
j; 7301 NE LOOP 820
3=r NRH TX 76180
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-W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D 0 N O T D E S T R O Y
I N D E X E D -- T A R R A N T C O U N T Y T E X A S
S U Z A N N E H E N D E R S O N -- COUNTY CLERK
O F F I C I A L R E C E I P T
T 0: NORTH RICHLAND HILLS TEXAS
RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME
200313011 DR92 D W 08/02/2000 14 : 44
INSTRUMENT FEECD INDEXED TIME
1 D200170018 WD 20000802 14 : 44 CA
T O T A L : DOCUMENTS: 01 F E E S: 15.00
B Y:
ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE
IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
ORDINANCE 3496 EXHIBIT S PAGE 1 OF 2
METES AND BOUNDS DESCRIPTION
2,101 SQUARE FEET—PORITION OF SANITARTY SEWER EASEMENT
OUT OF LOT 4R,BLOCK 1,WALKERS BRANCH ADDITION
IN THE LANDON C.WALKER SURVEY,A-1653
CITY OF NORTH RICHLAND HILLS,TARRANT COUNTY,TEXAS
All that certain 2,101 square feet of land which is a portion of the Sanitary Sewer Easement recorded in
Document Number D200170018,in the Public Records of Tarrant County,Texas(P.R.T.C.T.),out of Lot
4R,Block 1, Walkers Branch Addition, recorded in Document Number D197017553, P.R.T.C.T., in the
Landon C. Walker Survey, A-1653, City of North Richland Hills, Tarrant County, Texas and more
particularly described by metes and bounds as follows: (All bearings shown hereon are based on the Plat
of said Walkers Branch Addition,recorded in Document Number D197017553,P.R.T.C.T.)
Commencing at a 1/2"iron rod with a cap stamped"CCI"found for the common south corner of Lot 2R,
Block 1, Walker Branch Addition, recorded in Document Number D196233594, P.R.T.C.T. and Lot 1,
Block 1, Silverado Addition,recorded in Document Number D198041621,P.R.T.C.T.,in the north right-
of-way line of Harwood Road (80' right-of-way), from which a PK Nail found for the common south
corner of said Lot 1,block 1,Walker Branch Addition(D196233594)and Lot 5,Block 1,of said Walkers
Branch Addition (D197017553), along the north right-of-way line of said Harwood Road North 89° 39'
47"East—155.00',Then North 00°28' 42"—286.48' along the east line of said Lot 1,Block 1,Silverado
Addition to the western most north corner of said Lot 4R, Block 1, Walkers Branch Addition
(D197017553),Then North 44° 19' 35"East—62.48' along the northwest line of said Lot 4R, Block 1,
Walkers Branch Addition (D197017553) to the POINT OF BEGINNING and northwest corner of the
herein described easement abandonment;
THENCE North 44° 19' 35"East— 15.03' continuing along the northwest line of said Lot 4R, Block 1,
Walkers Branch Addition (D197017553) to the northeast corner of the herein described easement
abandonment;
THENCE South 49° 25' 47" East — 139.57' to the southeast corner of the herein described easement
abandonment;
THENCE South 40° 34' 13" West — 15.00' to the southwest corner of the herein described easement
abandonment;
THENCE North 49°25' 47"West—140.55' to the POINT OF BEGINNING and containing 2,101 square
feet of land.
THIS METES AND BOUNDS DESCRIPTION IS ISSUED IN CONJUNCTION WITH THE
SURVEY PREPARED BY SPRY SURVEYORS, HEREBY REFERENCED AS EXHIBIT B.
THIS METES AND BOUNDS DESCRIPTION IS EXHIBIT A.
SPRY SURVEYORS . o® •
Issue Date:November 10,2017 -Certificate Date: August 2016 4+.t/i'
8241 Mid Cities Blvd.,Suite 102 North Richland Hills,TX 79,8uA' '.Ay.LToH LEWIS ' ////b,7
Firm Reg No. 10112000 Project Number:034-187-50 """' r
:'� David Lewis
5647
Phone 817-776-4049 ' email:spry @sprysurvevors.com
,c.-'Pte$�YO '�E R.P.L.S.NO.5647
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ORDINANCE 3496 EXHIBIT B PAGE 2 OF 2
L E G E N D NOT 10 scv.c
Q BOUNDARY CORNER
• EASEMENT CORNER
/ �10'U.E. Q 4
A B B R E V I A T I O N S I > A,SLIDE 3915 O,1
.
P.R.T.C.T. PUBLIC RECORDS OF TARRANT COUNTY, TEXAS I P n,B P.R.T.C.T. � 4 O
cf'11 .?"
VOL. VOLUME r N ,p
I / 0 0 B
7
0 PG. PAGE
/ 6t.• / 2:9e 9->-/...,g4'C Cb
CAB. CABINET �, 4, i_
DOC.NO. DOCUMENT NUMBER V cj / ti s+ 6" .9O 7
IRF IRON ROD FOUND 6,,� / ' 31.--‘.., �0 1,
IRS IRON ROD SET t. � 'Q jO/y
P.O.C. POINT OF COMMENCING to / 10'U.E.
L.5‘,St'�` j cT
P.O.B. POINT OF BEGINNING `t DOC. NO.0197017553 t�
;O; P.R.T.C.T. / tA�
C.M. CONTROLLING MONUMENT `^'
U.E. UTILITY EASEMENT I I '+
N.T.S. NOT TO SCALE ,77
I
R.O.W. RIGHT-OF-WAY 2,101 SQ.FT. - 15• S.S.E.
U.N.O. UNLESS NOTED OTHERWISE QOC. NO. D200170018, P.R.T.C.T. sS+ —
B.L BUILDING NOTED (ABANDONED BY THIS INSTRUMENT) .
I N
15'D.E. REMAINDER 15'S.S.E.
DSC NO 0197017555- DOC.NO.D200170018—
P.R.T.C.T. P.R.T.C.T.
Graphic Scale in Feet /- I 26'PUBUC ACCESS
U AND DRAINAGE EASEMENT
1 1 FOC NO. D197017553
1
1 I Z D P.R.T.C.T.
0 50' 100' a
Y-- 30 PUBLIC ACCESS
SCALE: 1" = 50' U a N AND DRAINAGE EASEMENT
0 Q I MK NO 1146233514
m d I P.R.T.C.T.
.0 00
,.a
O
NOTES J J Q N LOT 2R, BLOCK 1 I
V)z WALKER BRANCH ADDITION t
1. This Survey Is Issued without the benefit of a current title report ; DOC. NO. D196233594 P.R.T.C.T. I z U
and is subject to revision upon receipt thereof. Surveyor has done cj
no additional research for possible easements, restrictions or 0 OI-
covenants which may affect this property. 0 * Et CI-
2 All bearings shown hereon ore based on the Plot of Walkers N I 0
Branch Addition recorded in Document Number 0197017553, in the Cl I I Y Q N
Public Records of Tarrant County, Texas. _0 l0
Z
3 The Surveyor has not Dhystcolly located any underground utilities I 10' U.E. I m z O n
and/or improvements which may be located under or near the subject -'jl''yl}-COG. N0. 0797017553
P.R.T.C.T. U7 EC
property.
ED 01
4. This survey Is issued in conjunction with the Metes and Bounds w I I-(I7 O
Description by Spry Surveyors, of the same certification date shown ` II
hereon, hereby referenced as Exhibit A. This Survey is Exhibit B. I`5 VOL 6C.O. A MET J hi 6
z
P.R.T.C.T. I <
O
ui II I 0
ti II
i � I
pp.pp I I
L I
G P.K. NAIL
$ LINE TABLE P.Q.C. N 89 39'4r E 155.00'
(GM,)
.-' LINE BEARING DISTANCE 1/2"IRF w/CAP
E L1 N 44'19'35' E 15.03' 'cc!"(c.M.) HARWOOD ROAD
, L2 S 40'34'13" W 15.00' (80'R.O.W.)
0
c
- I certify that this survey was mode on the 2,101 SQUARE FOOT
f.. F ground, that this plat correctly represents the PORTION OF SANITARY SEWER EASEMENT
0
fi �QeeG`S°�°�o�,��-, facts found at the time of survey.
�o F, A F � OUT OF LOT 4R, BLOCK 1
° WALKERS BRANCH ADDITION
1 O°o
( DAVID CARLTON LEWIS > IN THE LANDON C. WALKER SURVEY, A-1653
— °0000eeeoe eeeee000e000ao o°o
E°o \ t CITY OF NORTH RI BLAND HILLS, TARRANT COUNTY TEXAS
0 5647 .,o
c o f°/P(�� i Q-O�// ISSUE DATE: 11/10/2017 SCALE: 1" = 50' PROJECT NO.: 034-187-50
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a� AUGUST 2016 ! PH:817.776.4049 •spry®sprysurveyors.com• www.sprysurveyors.com
z iii CERTIFICATE DATE DAVID CARLT• LEWIS, R.P.LS. NO. 56.7 Firm Reg. No. 10112000
Ordinance 3496 Exhibit C page 1 of 4
HOLD HARMLESS AGREEMENT
This Hold Harmless Agreement("Agreement") is entered into by and between the City of
North Richland Hills, Texas ("City"), a Texas home-rule City, and Carlos Dorris and Jeffrey K.
Wood ("Developers"), individually referred to as a "party" and collectively referred to as the
"parties."
RECITALS
On or about June 8, 2000, a sanitary sewer easement (the "Easement") was granted to the City,
which such easement is filed of record as Instrument No. D200170018 and recorded at the Deed
Records of Tarrant County, Texas, Volume 14455, Page 498, and further filed of record as
Instrument No. D197017553 of the Tarrant County Plat Records.
By Ordinance No. , approved on , the City Council
vacated and abandoned in-place a portion of the Easement and determined that the public would
be better served and benefited by relinquishing its right to a portion of the Easement and
releasing and assigning, by quitclaim deed, all title and control in a portion of the Easement to
Developer,who is the owner of the fee estate on which the Easement is located.
The Developer has agreed to release the City from all liability related to the vacating and
abandonment of a portion of the Easement.
AGREEMENT
1. The parties acknowledge and agree that the City has agreed to abandon a portion of the
Easement for the purpose of allowing Developer to build a structure across the easement,
which is no longer needed to provide sanitary sewer service.
2. The portion of the Easement to be abandoned shall be vacated of all sanitary sewer pipe,
and in accordance with industry standards and best practices,Developer shall purge and
properly and permanently seal the end of the portion of the underground sanitary sewer
line to remain downstream of the abandoned easement to prevent any further use. Upon
completion, and inspection by the City, such portion of the Easement shall be considered
abandoned.
3. Developer shall pay all costs and expenses associated with or related to removing the
sanitary sewer pipe and appurtenances.
4. DEVELOPER HEREBY AGREES TO FOREVER RELEASE THE CITY FROM
ANY AND ALL LIABILITY RELATED TO THE ABANDONING IN PLACE OF
A PORTION OF THE EASEMENT. DEVELOPER FURTHER AGREES TO
HOLD THE CITY, ITS OFFICERS, EMPLOYEES, AGENTS, OR
Hold Harmless Agreement
Page 1 of 4
Ordinance 3496 Exhibit C page 2 of 4
REPRESENTATIVES, HARMLESS FROM ANY AND ALL CLAIMS FOR
DAMAGES OR LOSS OF ANY KIND, FOR ANY REASON, FOR ANY AND ALL
ACTIVITIES, WHETHER REAL OR ASSERTED, RESULTING ON THE
PROPERTY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION
WITH THE ABANDONED PORTION OF THE EASEMENT.
5. This covenant and condition shall run with the land and be binding on all successors and
assigns of the fee estate.
ACCEPTED AND AGREED:
CITY OF NORTH RICHLAND HILLS: DEVELOPER:
By: By:
Mark Hindman, City Manager Name: Carlos Dorris
Date: Title:
Date:
ATTEST:
By:
Alicia Richardson, City Secretary
Name: Jeffrey K. Wood
Title:
Date:
APPROVED TO FORM AND LEGALITY:
Maleshia McGinnis, City Attorney
[Remainder of page intentionally left blank]
ACKNOWLEDGMENT
Hold Harmless Agreement
Page 2 of 4
Ordinance 3496 Exhibit C page 3 of 4
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Mark
Hindman, known to me to be the person and officer whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same as the act and deed and on behalf
of the City of North Richland Hills, a municipal corporation of Tarrant County, Texas, for the
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
, 20 .
NOTARY PUBLIC, STATE OF TEXAS
Printed Name:
My Commission Expires:
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Carlos Dorris,
known to me (or satisfactorily proven) to be the person whose name is subscribed to the
foregoing instrument and that he executed the same for the same purposes and considerations
therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
, 20 .
NOTARY PUBLIC, STATE OF TEXAS
Printed Name:
My Commission Expires:
Hold Harmless Agreement
Page 3 of 4
Ordinance 3496 Exhibit C page 4 of 4
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Jeffrey K.
Wood, known to me (or satisfactorily proven) to be the person whose name is subscribed to the
foregoing instrument and that he executed the same for the same purposes and considerations
therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
, 20 .
NOTARY PUBLIC, STATE OF TEXAS
Printed Name:
My Commission Expires:
AFTER RECORDING RETURN TO:
Alicia Richardson, City Secretary
City of North Richland Hills
4301 City Point Drive
North Richland Hills, Texas 76180
Hold Harmless Agreement
Page 4 of 4
City Secretary Office
of 1c m Record Copy
HOLD HARMLESS AGREEMENT
This Hold Harmless Agreement ("Agreement") is entered into by and between the City of
North Richland Hills, Texas ("City"), a Texas home-rule City, and Carlos Dorris and Jeffrey K.
Wood ("Developers"), individually referred to as a "party" and collectively referred to as the
"parties."
RECITALS
On or about June 8, 2000, a sanitary sewer easement (the "Easement") was granted to the City,
which such easement is filed of record as Instrument No. D200170018 and recorded at the Deed
Records of Tarrant County, Texas, Volume 14455, Page 498, and further filed of record as
Instrument No. D197017553 of the Tarrant County Plat Records.
By Ordinance No. ?L"1'(o , approved on Januar da,x`1{3 , the City Council
vacated and abandoned in-place a portion of the Easement anddetermined that the public would
be better served and benefited by relinquishing its right to a portion of the Easement and
releasing and assigning, by quitclaim deed, all title and control in a portion of the Easement to
Developer, who is the owner of the fee estate on which the Easement is located.
The Developer has agreed to release the City from all liability related to the vacating and
abandonment of a portion of the Easement.
AGREEMENT
1. The parties acknowledge and agree that the City has agreed to abandon a portion of the
Easement for the purpose of allowing Developer to build a structure across the easement,
which is no longer needed to provide sanitary sewer service.
2. The portion of the Easement to be abandoned shall be vacated of all sanitary sewer pipe,
and in accordance with industry standards and best practices, Developer shall purge and
properly and permanently seal the end of the portion of the underground sanitary sewer
line to remain downstream of the abandoned easement to prevent any further use. Upon
completion, and inspection by the City, such portion of the Easement shall be considered
abandoned.
3. Developer shall pay all costs and expenses associated with or related to removing the
sanitary sewer pipe and appurtenances.
4. DEVELOPER HEREBY AGREES TO FOREVER RELEASE THE CITY FROM
ANY AND ALL LIABILITY RELATED TO THN; ABANDONING IN PLACE OF
A PORTION OF THE EASEMENT. DEVELOPER FURTHER AGREES TO
HOLD THE CITY, ITS OFFICERS, EMPLOYEES, AGENTS, OR
Hold Harmless Agreement
Page 1 of 4
REPRESENTATIVES, HARMLESS FROM ANY AND ALL CLAIMS FOR
DAMAGES OR LOSS OF ANY KIND, FOR ANY REASON, FOR ANY AND ALL
ACTIVITIES, WHETHER REAL OR ASSERTED, RESULTING ON THE
PROPERTY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION
WITH THE ABANDONED PORTION OF THE EASEMENT.
5. This covenant and condition shall run with the land and be binding on all successors and
assigns of the fee estate.
ACCEPTED AND AGREED:
CITY�OF NORTH RICHLAND HILLS: DEVELOPER: 4.S.11.4}
By: By: C .��'L
Mark Hindman, City Manager Name: Carlos Dorris
Date: Title: iyteA
Date:/-/'7-',Acy
ATTEST:
1,P
t 1.44Cd 14 C , / .1
By:
Alicia Richardson, Cify;S'ecretaryf .
Name: J! V. Wood
fi Title: CL-41,6(
Date: (-
APPROVED TO FORM AND LEGALITY:
frQ$OL C\AJ )
Maleshia McGinnis, City Attorney
N R H Council Action 0/N
Date Approved I-a.c -,X)1 [Remainder of page intentionally left blank]
Agenda No. C•
Opt No. 34 6 I(p
ACKNOWLEDGMENT
Hold Harmless Agreement
Page 2 of 4
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Mark
Hindman, known to me to be the person and officer whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same as the act and deed and on behalf
of the City of North Richland Hills, a municipal corporation of Tarrant County, Texas, for the
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this (21-14' day of
Jai ri , 201W.
7*,TR NOTARY PUBLIC, STATE OF TEXAS
APa_P�6, TRACT NENDERSON ► �/
_.'��.�* Notary Public Printed Name: ((( c.; 1"r6. L-CXSa rm
i� , STATE OF TEXAS ) My Commission Expires: a'I - 12 -2-0 i
Nx�rF ' NI C�`gniM:21t 38173¢2 ►
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Carlos Dorris,
known to me (or satisfactorily proven) to be the person whose name is subscribed to the
foregoing instrument and that he executed the same for the same purposes and considerations
therein expressed.
GIVEN UNDER MY HAtNyl AND SEAL OF..._. ICE, this C') '� day of
v\ , 20
,••�•M�P;;--. STA O .TEXAS
* =: PHOEBE DAWN AASAPHANGTH ARY P
; ',` My cow cx4s Panted Name
=,+,.,,.,. MISSION EXPIRES
f p"�` June 8,2018 My Commission Expires: 6/R/i
Hold Harmless Agreement
Page 3 of 4
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Jeffrey K.
Wood, known to me (or satisfactorily proven) to be the person whose name is subscribed to the
foregoing instrument and that he executed the same for the same purposes and considerations
therein expressed.
GIVEN UNDER MY HAT AND SEAL OF OFFICE, this f 7 day of
vl , 20
OTARY PUBLIC, STATE OF TEXA
MyEBEDAWNRASAPy`~°�• v44 Printed Name*V �= 1-1-{AJ:; # 1>IS- Pie(4'l l '1
:;F••• coMMtssro xpi 1`'7' . My Commission Expires: v P
-$III,E±° N XAq
Jane 8, E F_8
2018
ri'
AFTER RECORDING RETURN TO:
Alicia Richardson, City Secretary
City of North Richland Hills
4301 City Point Drive
North Richland Hills, Texas 76180
Hold Harmless Agreement
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