HomeMy WebLinkAboutOrdinance 3485 MARY LOUISE GARCIA ,.�...�,
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COUNTY CLERK ,
100 West Weatherford Fort Worth, TX 76196-0401
PHONE (817) 884-1195
CITY OF NORTH RICHLAND HILLS
MARIA LINDSEY
4301 CITY POINTE DRIVE
NORTH RICHLAND HILLS, TX 76180
Submitter: CITY OF NORTH RICHLAND
HILLS PUBLIC WORKS ADMIN
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 1/29/2018 2:12 PM
Instrument#: D218019680
OPR 18 PGS $80.00
By:
D218019680
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.
0
ORDINANCE NO. 3485
AN ORDINANCE 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 August 18, 2000, a sanitary sewer easement was granted to
the City, which such easement is filed of record as Instrument No.
D200199524 and recorded at the Deed Records of Tarrant County,
Texas, Volume 14506, Page 344, and further filed of record as Instrument
No. D2122016057 of the Tarrant County Plat Records; and
WHEREAS, a Developer is proposing to install a new sanitary sewer line and 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 August 18, 2000 filed
of record as Instrument No. D200199524 and recorded at the Deed
NRH Ordinance No. 3485
Page 1 of 3
Records of Tarrant County, Texas, Volume 14506, Page 344, and further
filed of record as Instrument No. D2122016057 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 to construct, install, operate,
and maintain a new sanitary sewer line to replace the existing line, such
new line being shown and depicted on Exhibit "C."
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 "D."
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
NRH Ordinance No. 3485
Page 2 of 3
be affected by this Ordinance but may be prosecuted until final
disposition by the courts.
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 13th day of November, 2017.
CITY OF , • -TH RI I LAND HILLS
By: A, t
Oscar Tr' o, ayor
ATTEST: l`polo lbzw.
.O
i .
f—a i erro��, GC55 i 5-f -+- 2.. Sec ehry
APPROVED AS TO FORM AND L i rn.'���
4 ' . -
Maleshia B. McGinnis, City Attorney
APPROVED AS TO CONTENT:
Mike urtis, anaging Director of Development Services
NRH Ordinance No. 3485
Page 3 of 3
EXHIBIT A
PARTIAL SANITARY SEWER EASEMENT ABANDONMENT
PAGE 1 OF 2
LEGAL DESCRIPTION N
BEING a tract of land located in the City of North Richland Hills, Tan-ant County, Texas, and being a
part of the Landon C. Walker Survey, Abstract Number 1652, and being a part of a called 12.169
acre tract of land described as Tract 2 in a general warranty deed to Hometown 5 Development
Corp., as recorded in County Clerk's Document No. 0217081698, Tan-ant County Deed Records, and
being a portion of a sanitary sewer easement granted to the City of North Richland Hills as
recorded in Volume 14506, Page 344, Tarrant County Deed Records, and being further described as
follows:
COMMENCING at a one—half inch iron rod found at the northwest corner of said Tract 2, said point
being the southwest corner of Ice House Drive (a variable right—of—way) as recorded in Document
No. D21221O657, Tan-ant County Plat Records, said point also being in the east line of Lot 1, Block
B, Home Town NRH Lakes Addition, an addition to the City of North Richland Hills as recorded in
Cabinet A, Page 8333, Tarrant County Plat Records;
THENCE along the west line of said Tract 2 and along the east line of said Lot 1 as follows:
South 05 degrees 27 minutes 02 seconds West, 179.83 feet to a one—half inch iron rod found
for corner;
Southwesterly, 54.68 feet along a curve to the left which has a central angle of 10 degrees 26
minutes 32 seconds, a radius of 300.00 feet, a tangent of 27.41 feet, and whose chord bears South
00 degrees 13 minutes 45 seconds West, 54.60 feet to a one—half inch iron rod found for corner;
South 04 degrees 59 minutes 31 seconds East, 75.65 feet to a one—half inch iron rod found for
corner;
Southeasterly, 99.52 feet along a curve to the left which has a central angle of 19 degrees 00
minutes 27 seconds, a radius of 300.00 feet, a tangent of 50.22 feet, and whose chord bears
South 14 degrees 29 minutes 44 seconds East, 99.07 feet to a one—half inch iron rod found for
corner;
South 23 degrees 59 minutes 55 seconds East, 126.25 feet to a one—half inch iron rod found
for comer;
Southeasterly, 42.76 feet along a curve to the right which has a central angle of 02 degrees 29
minutes 12 seconds, a radius of 985.32 feet, a tangent of 21.39 feet, and whose chord bears South
25 degrees 07 minutes 27 seconds East, 42.76 feet to a point for corner in the north line of said
sanitary sewer easement and at the POINT OF BEGINNING of this tract of land;
THENCE North 63 degrees 58 minutes 59 seconds East, 609.13 feet along the north line of said
sanitary sewer easement to a point for corner;
THENCE South 31 degrees 45 minutes 43 seconds East, 15.08 feet to a point for corner in the
south line of said sanitary sewer easement;
THENCE South 63 degrees 58 minutes 59 seconds West, 611.32 feet along the south line of said
sanitary sewer easement to a point for corner in the west line of said Tract 2 and in the east line
of said Lot 1;
THENCE Northwesterly, 15.01 feet along a curve to the left in the west line of said Tract I and in
the east line of said Lot 1, said curve having a central angle of 00 degrees 52 minutes 23 seconds,
a radius of 985.32 feet, a tangent of 7.51 feet, and whose chord bears North 23 degrees 26
minutes 39 seconds West, 15.01 feet to POINT OF BEGINNING and containing 9,153 square feet or
0.210 acres of land. F
DAN B. R ` DAN B. RAMSEY
LEY
R.P.L.S. N+. 4172 * 4p 4172
APRIL 19, 2017 SUR
SCALE: DATE DRAWN PROJECT 16301 QUORUM DRIVE, SUITE 200B Bl `
04-19-17 PJS ESMT ASSWR NOI.DWG ADDISON, TEXAS 75001
tf
•
EXHIBIT A
PARTIAL SANITARY SEWER EASEMENT ABANDONMENT
PAGE 2 OF 2
LEGEND 1"=200' N
IRF IRON ROD FOUND
IRS IRON ROD SET
ILOT 1, E31 OCK t
HOME tOWN CANAL DISTRICT
DOG_ NO 1)212238536 I
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ICE MOUSE DRIVE a tr rri
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1 4 10'26' 2"
R 300.030' ( + HOMETOWN 5 DEVELOPMENT CORP. ...-. ---------.-....-...---. -
L=54.68' 1 CALLED TRACT 2 .. 12.169 ACRES \ i ICE HOWE DRIVE
T-27.41'�� DOCUMENT !/ ()2i/081698 �... (Q1)ROME)
C8=S00'13'45"W +rl- �L4 _'-. .. 1
C=54.60' I f�
419'0O'27" ter 402.29'12" f
R�300.00' 1 I R=985.23' 44
0'1
I T 50.22' 1 L=42.76' ,�p�s;'• •CitY 5 O�TYARYtiSEt4 SEWER RICHLAND SF.Ir4Ftdi ig
E°5 .22' T=21.39' Og °A' VOL. 14506. PG. 344
CB=S14'29'44"E t ',(rY CB=S25-07'27"W • 9 "�..,
•E 4 (TO Rf h1A@I IN EFFECT)
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COY 0!' WORTH RICFIf A I) HILLS I _. L3 N6'�,;r ry5gn`oa
''� 0
HO1.IE TOWN NRH LAKE ADDITION ( �,t;,tf r• ( y
LOT t, 131OCK BE ING--.__ 1,010 PORTION TO BE ABANDONED OF
CAB, A, PG S S ' I CITY OF NORTH RICHLAND HILLS 1--- ......._j
�_ C \ SANITARY.S�E^WER PG. " 7 f
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is SANIrYABY sLtvLR I.ASCII t C=75.01' �, ► T it 0216
VGL MAIN I PE 344 tt /
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LINE TABLE
LINE BEARING DISTANCE
L1 SO5'27'02"W 179.83
U SO4'59'31'E 75.65
L3 S23•59'55"E 126.25
L4 S31'45'43"E 15.08
SCALE: DATE DRAWN PROJECT 18301 QUORUM DRIVE, SUITE 2009
ARC034 BI'-'
FX ail N RS
1. = 200' 04-19-17 PJS F511T-SSWR-NO1.DWG ADDISON, TEXAS 75001
EXHIBIT B
PARTIAL SANITARY SEWER EASEMENT ABANDONMENT
PAGE 1 OF 2
LEGAL DESCRIPTION ^,
BEING a tract of land located in the City of North Richland Hills, Tarrant County, Texas, and being a
part of the Landon C. Walker Survey, Abstract Number 1652. and being a part of a called 12.169
acre tract of land described as Tract 2 in a general warranty deed to Hometown 5 Development
Corp., as recorded in County Clerk's Document No. D217081698, Tarrant County Deed Records, and
being a portion of a sanitary sewer easement granted to the City of North Richland Hills as
recorded in Volume 14506, Page 344, Tarrant County Deed Records, and being further described as
follows:
COMMENCING at a one—half inch iron rod found at the northwest corner of said Tract 2, said point
being the southwest corner of Ice House Drive (a variable right—of—way) as recorded in Document
No. D212210657, Tarrant County Plat Records, said point also being in the east line of Lot 1, Block
B, Home Town NRH Lakes Addition, an addition to the City of North Richland Hills as recorded in
Cabinet A, Page 8333, Tarrant County Plot Records;
THENCE along the west line of said Tract 2 and along the east line of said Lot 1 as follows:
South 05 degrees 27 minutes 02 seconds West, 179.83 feet to a one—half inch iron rod found
for corner;
Southwesterly, 54.68 feet along a curve to the left which has a central angle of 10 degrees 26
minutes 32 seconds, a radius of 300.00 feet, a tangent of 27.41 feet, and whose chord bears South
00 degrees 13 minutes 45 seconds West, 54.60 feet to a one—half inch iron rod found for corner;
South 04 degrees 59 minutes 31 seconds East, 75.65 feet to a one—half inch iron rod found for
corner;
Southeasterly, 99.52 feet along a curve to the left which has a central angle of 19 degrees 00
minutes 27 seconds, a radius of 300.00 feet, a tangent of 50.22 feet, and whose chord bears
South 14 degrees 29 minutes 44 seconds East, 99.07 feet to a one—half inch iron rod found for
corner;
South 23 degrees 59 minutes 55 seconds East, 126.25 feet to a one—half inch iron rod found
for corner;
Southeasterly, 42.76 feet along a curve to the right which has a central angle of 02 degrees 29
minutes 12 seconds, a radius of 985.32 feet, a tangent of 21.39 feet, and whose chord bears South
25 degrees 07 minutes 27 seconds East, 42.76 feet to a point for corner in the north line of said
sanitary sewer easement and at the POINT OF BEGINNING of this tract of land;
THENCE North 63 degrees 58 minutes 59 seconds East, 609.13 feet along the north line of said
sanitary sewer easement to a point for corner;
THENCE South 31 degrees 45 minutes 43 seconds East, 15.08 feet to a point for corner in the
south line of said sanitary sewer easement;
THENCE South 63 degrees 58 minutes 59 seconds West, 611.32 feet along the south line of said
sanitary sewer easement to a point for corner in the west line of said Tract 2 and in the east line
of said Lot 1;
THENCE Northwesterly, 15.01 feet along a curve to the left in the west line of said Tract I and in
the east line of said Lot 1, said curve having a central angle of 00 degrees 52 minutes 23 seconds,
a radius of 985.32 feet, a tangent of 7.51 feet, and whose chord bears North 23 degrees 26
minutes 39 seconds West, 15.01 feet to POINT OF BEGINNING and containing 9,153 square feet or
0.210 acres of land. OF
DAN B. R EY DAN B. RAMSEY
R.P.L.S. N . 4172 %�,, 4172 P`•`
APRIL 19, 2017 �9N sS� yob
suit"'
•
SCALE: DATE DRAWN PROJECT 16301 QUORUM DRIVE, SUITE 20013
04-19-17 PJS ARC034 ADDISON, TEXAS 75001 Kligi F,fiTPlERS
ESMT-SSWR-NOLDWG
EXHIBIT B
PARTIAL SANITARY SEWER EASEMENT ABANDONMENT
PAGE 2 OF 2
LEQEND
1"=200' Ni
IRE IRON ROD FOUND
IRS IRON ROD SET
I .
I
LOT 1, BIOCK 1 . _ .._......______........ ....
I FIOldf TOWN CANAL DISTRICT
DOC. N z
O 0212238536
o
0 co
0<
) - — ICE HOUSE DRIVE -----.N\ 0
co La Ci
I POINT Of / 04'Rov0 ,
I 1 COMMENCING7 ,„ ow.Na D212210657
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HOME TOWN 5 Dr VC L OPMI:N T CORP. %I.*
1.=54.68' I op- CALLED TRACT 7 - 12.169 ACRES \ \,,,_. IT ICE HOUSE DRIVE
T=27.41' ■„'"''
CB=S0013'45"W I ivr
C=54.60' I
b=1900.27" I ---.
1, DOCUMEW1 # D211081698
.9=02"29'12''
(tX1 Row)
R=300.00' 1 1 R'=985.23'
I L1=9590..52:—74_ L=42.76' le, "-Cy OF NORTH RICHLAND HILLS e
ANS -•0°P-. 15' SANITYARY SEWER LASEL46NI
IH I T21.39' fro-,.....00- VOL. 14506, PG. 344
)) 0=99.07' , I
.......L3,C=42.76" 40 „tax bs .
Ci1Y Of NORTH RICI•lt Ail CB:1729.44"El: I! 14z* Cill''S25"0127:
ill
1 401:-....49
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[IOW TOWN NRH LAKL ADDITION POI OF ir ex--- • ".
1.01 1. [KOCK WIN NINO-- ,...4 " PORTION TO BE ABANDONED OF "
CAB. A, PG 8 .5 I r CITY OF NORTH RICHLAND HILLS *,
II I ,,---"
1 - '
.- ---,4=00.52' \ SANITARY SEWER EASEM
VOL 14506, PG. 3 ..—
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......,_ II R=985.2 .
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\\ I II L=T=175.':11' ,MmErli.i.,..DE Col:,P41_,I.,0 1 s 7 v1:. .
CITY or t•IORTI1 RICHI AND HILLS...." 934=N2326'39 \ ;
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is' SANI!VARY SLAVER EASEMI\t\L , 1 C=15.01'
VOL 14506, PG 344 1 , it* ha Li,
(TO REMAIN IN Eitrui) \ I if
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CITY OF NORTH RICHLAND HILLS, e :
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VOL. 14750, PG.V.51)0 /
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UNE TABLE
UNE BEARING DISTANCE
L1 SO5'27'02"W 179.83
L2 SO4'59311T 75.65
L3 S23'59'55"E 126.25
L4 531'45'43"E 15.08
SCALE: DATE DRAWN PROJECT 16301 QUORUM DRIVE, SUITE 200B
1" = 200' 04-19-17 INIS ARC034 1,.1EP+ ,
Bl.)4 .'''L''''.-
ESMT-SSWR-NOLDWG ADDISON, TEXAS 75001
EXHIBIT C
15' SANITARY SEWER EASEMENT
PAGE 1 OF 3
LEGAL DESCRIPTION ••
BEING a tract of land located in the City of North Richland Hills, Tarrant County, Texas, and
being a part of the Landon C. Walker Survey, Abstract Number 1652, and being a part of a
called 12.169 acre tract of land described as Tract 2 in a general warranty deed to Hometown
5 Development Corp., as recorded in County Clerk's Document No. D217081698, Tarrant County
Deed Records, and being further described as follows:
COMMENCING at a one—half inch iron rod found at the northwest corner of said Tract 2, said
point being the southwest corner of Ice House Drive (a variable right—of—way) as recorded in
Document No. D212210657, Tarrant County Plat Records, said point also being in the east line
of Lot 1, Block B, Home Town NRH Lakes Addition, an addition to the City of North Richland
Hills as recorded in Cabinet A, Page 8333, Tarrant County Plat Records;
THENCE along the north line of said Tract 2 and along the south right—of—way line of said Ice
House Drive as follows:
North 89 degrees 14 minutes 39 seconds East, 456.48 feet to a one—half inch iron rod
found for corner;
Southeasterly, 42.94 feet along a curve to the right which has a central angle of 64
degrees 44 minutes 20 seconds, a radius of 38.00 feet, a tangent of 24.09 feet, and whose
chord bears South 58 degrees 23 minutes 11 seconds East, 40.69 feet to a one—half inch iron
rod found for corner;
South 26 degrees 01 minutes 01 seconds East, 149.42 feet to a point for corner and at
the POINT OF BEGINNING of this tract of land;
THENCE South 26 degrees 01 minutes 01 seconds East, 15.00 feet along the north line of said
Tract 2 and the south right—of—way line of said Ice House Drive to a point for comer,
THENCE South 64 degrees 51 minutes 44 seconds West, 87.16 feet to a point for corner,
THENCE South 25 degrees 08 minutes 16 seconds East, 135.00 feet to a point for corner;
THENCE South 64 degrees 51 minutes 44 seconds West, 355.81 feet to a point for corner
THENCE North 25 degrees 08 minutes 16 seconds West, 135.00 feet to a point for corner;
THENCE South 64 degrees 51 minutes 44 seconds West, 124.55 feet to a point for corner;
THENCE South 24 degrees 49 minutes 44 seconds East, 185.09 feet to a point for corner;
THENCE Southeasterly, 163.94 feet along a curve to the right having a central angle of 10
degrees 23 minutes 27 seconds, a radius of 904.00 feet, a tangent of 82.20 feet, and whose
chord bears South 19 degrees 38 minutes 01 seconds East, 163.72 feet to point for corner;
THENCE Southeasterly, 210.39 feet along a curve to the left having a central angle of 37
degrees 58 minutes 03 seconds, a radius of 317.5 feet, a tangent of 109.22 feet, and whose
chord bears South 33 degrees 25 minutes 18 seconds East, 206.57 feet to point for corner;
SCALE: DATE DRAWN PROJECT 16301 QUORUM DRIVE, SUITE 2008
ARC034 PARR IPS
04-19-17 PJ5 ESMT-SSWR-NO2 DWG ADDISON, TEXAS 75001
EXHIBIT C
15' SANITARY SEWER EASEMENT
PAGE 2 OF 3
LEGAL DESCRIPTION
(cont'd)
THENCE South 52 degrees 24 minutes 20 seconds East, 8.62 feet to a point for corner in the
north line of Amended Plat of The Hometown Canal District Phase 4, an addition to the City
of North Richland Hills as recorded in Document No. D216015394, Tarrant County Plat Records;
THENCE South 36 degrees 41 minutes 49 seconds West, 15.00 feet along the north line of said
Amended Plat of The Hometown Canal District Phase 4 to a point for corner;
THENCE North 52 degrees 24 minutes 20 seconds West, 8.85 feet to a point for corner;
THENCE Northwesterly, 220.33 feet along a curve to the right having a central angle of 37
degrees 58 minutes 03 seconds, a radius of 332.50 feet, a tangent of 114.38 feet, and whose
chord bears North 33 degrees 25 minutes 18 seconds West, 216.33 feet to point for corner;
THENCE Northwesterly, 161.22 feet along a curve to the left having a central angle of 10
degrees 23 minutes 27 seconds, a radius of 889.00 feet, a tangent of 80.84 feet, and whose
chord bears North 19 degrees 38 minutes 01 seconds West, 161.01 feet to point for corner;
THENCE North 24 degrees 49 minutes 44 seconds West, 200.01 feet to a point for corner;
THENCE North 64 degrees 51 minutes 44 seconds East, 154.47 feet to a point for corner;
THENCE South 25 degrees 08 minutes 16 seconds East, 135.00 feet to a point for corner;
THENCE North 64 degrees 51 minutes 44 seconds East, 325.81 feet to a point for corner;
THENCE North 25 degrees 08 minutes 16 seconds West, 135.00 feet to a point for corner;
THENCE North 64 degrees 51 minutes 44 seconds East, 101.93 feet to POINT OF BEGINNING
and containing 21,362 square feet or 0.490 acres of land.
,•�..r.
DAN B. RAM 4 DAN B. RAMSEY
R.P.L.S. NO 72 '
' ,� 4172
19, 417 ( p,ess� o�'
suR�
SCALE: DATE DRAWN PROJECT 16301 QUORUM DRIVE, SUITE 2008
04-19-17 PJS ARC034 ( ADDISON. TEXAS 75001 g,
ES AT-SSNR-NOZDWG 111
EXHIBIT C
15' SANITARY SEWER EASEMENT
PAGE 3 OF 3
1 1"=240' N
LOT 1, BLOCK 1 LEGEND
HOMETOWN CANAL DISTRICT IRF IRON ROD FOUND
DOC. NO. D212238536 IRS IRON ROD SET
\ HOMETOWN 5 DEVELOPMENT CORP
CALLED TRACT 1 - 0.755 ACRES
DOC NO 0217081698
-
ICE HOUSE DRIVE (G
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N89'14'39"E 456.481 LOT 1, BLOCK 1 Q a°
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1 `0161.01' R•41,7.50'1,7.3 AMENDED ' w °¢rn
Y
```` HOME '.'• C• + o Y
CITY4 NORTH RICHL AND HILLS / T•"109.✓ PI'AS O W C.
SANIT Y SEWER EASEME/4 /C8•$332.i'1:•
VOL. 1 750. PC. 300 \ d�3758'03' t 0206.5 O .%"No. D AV At 2 _za
--3
\i 9,3210'\ L7 a 0<
1 7x11438' r` Jw0
. f 44„...40 M
`` dB N33 2518"W LO t8 0
4'218.33' _ ` x
�' ♦ ,,,,,,„v
LINE TABLE UNE TABLE
UNE BEARING DISTANCE LINE BEARING DISTANCE
Li S26'01'01"E 15.00 L8 S3641'49"W 15:00
L2 S6451'44"W 87.16 L9 N52'24'20"W 8.85
L3 S25'08'16"E 135.00 L10 N24'49'44"W 200.01
L4 N25'08'16"W 135.00 L11 N64'51'44"E 154.47
L5 S64'51'44"W 124.55 L12 S25'08'16"E 135.00
L6 S2449'44"E 185.09 L13 N25'08'16"W 135.00
L7 S5214120"E 8.62 L14 N6451'44"E 101.93
CURVE TABLE
NO. DELTA RADIUS LENGTH TANGENT CHORD BEARING CHORD
Cl 64'44'20" 38.00' 42.94' 24.09' S5823'111% 40.69'
SCALE DATE DRAWN PROJECT 16301 QUORUM DRIVE, SUITE 2008 _� � 1P11JErZS,
1" = 200' 04-19-17 pJS ARCO34 ADDISON, TEXAS 75001
ESMT-SSWR--NO2.DWG
D
?-4E 10f 3
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 Hometown 5 Development
Corp. ("Developer"), a Texas Limited Corporation, individually referred to as a "party" and
collectively referred to as the "parties."
RECITALS
On or about August 18, 2000, a sanitary sewer easement (the "Easement") was granted to the
City, which such easement is filed of record as Instrument No. D200199524 and recorded at the
Deed Records of Tarrant County, Texas, Volume 14506, Page 344, and further filed of record as
Instrument No. D2122016057 of the Tarrant County Plat Records.
By Ordinance No. 3/-6 , approved on t JVVemb-e,( (3, ar n, 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.
Developer is proposing to install a new sanitary sewer line to service the affected area by the
abandoned easement.
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 install a new sanitary sewer line to
service the residential area that will be affected by abandonment of a portion of the
Easement.
2. The portion of the Easement to be abandoned shall be abandoned in-place, and in
accordance with industry standards and best practices, Developer shall purge and
properly and permanently seal the portion of the underground sanitary sewer line to be
abandoned 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 abandoning a
portion of the Easement in-place and installation of a new sanitary sewer line.
Hold Harmless Agreement
Page 1 of 3
Gx &-c D
NC. 2oF 3
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 AND INSTALLATION OF A NEW
SANITARY SEWER LINE. DEVELOPER FURTHER AGREES TO HOLD THE
CITY, ITS OFFICERS, EMPLOYEES, AGENTS, OR 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 OR THE NEW SANITARY
SEWER LINE.
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: HOMETOWN 5
DEVELOPMENT CORP,
DEVELOPER:
L-\■
By:Mark Hindman, City Manager Name: \\("Lb WL.
Title:
Date: //j6p '090/-7 Date:
ATTEST: �o �.,...•.. .... �,y�
zo: h Co
T
1 ra4:.; 1-1-e/Id-e%so'i, y
"
APPROVED TO FORM AND LEG' �iYi��'ftt��,
)416alke'61/0 )
Maleshia Farmer-City Attorney
(Ac-'Z J?4 sS
OVA
[Remainder of page intentionally left blank]
Hold Harmless Agreement
Page 2 of 3
?Ktc 3oF 3
ACKNOWLEDGMENT
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.
' I GIVEN UNDER MY HAND • D SEAL OF OFFICE, this I (4 day of
'JOit'un L- , 20 /'j.
'""',,, GINA PASTRE '!
"Y° OTARY PUBL , ST E CAF TEXAS
o: << _Notary Public,State of Texas
r;
s,..r�.:4� Comm. Expires 0511 2019 Printed Name: (/
"'1. Notary ID 1 26109 049 My Commission Expires: d // . ,61ei
THE STATE OF TEXAS §
COUNTY OF 'FAT §
Before me, the undersigned authority, on this day personally appeared 33tf 0 140&(_,.7-E,
known to me to be the person whose name is sulcribed to the foregoing instrument and
acknowledged to me that the same is the t of i' Eslz.S6R/T , and that he
executed the same as the act of ,ZCS/,d9t/7 , for the purposes and
considerations expressed in the foregoing instrument.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 02/u*day of
fc� R — , 20/7 /
i
�— My Nomry GID#1482844 NOTAR ;UB P, STATE OF TEXAS
�� Tres March 20,2020 Printed Name: K(' Y (O�f3C 'Z7
1:"S'...., °.'�; My Commission Expires: 3--247-7,02Jj
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 3 of 3
QUITCLAIM DEED
STATE OF TEXAS §
COUNTY OF TARRANT §
KNOW ALL MEN BY THESE PRESENTS:
That the City Council of the City of North Richland Hills, County of Tarrant, State
of Texas, after careful study and consideration, has determined that a portion of the
easement shown and described in Exhibit A, attached hereto and incorporated herein
which was conveyed to the City on or about August 18, 2000 filed of record as
Instrument No. D200199524 and recorded at the Deed Records of Tarrant County,
Texas, Volume 14506, Page 344, and further filed of record as Instrument No.
D2122016057 of the Tarrant County Plat Records, that the public would be better
served and benefitted by vacating and abandoning a portion of the existing easement to
support future development to construct, install, operate and maintain a new sanitary
sewer line to replace the existing line.
Therefore, said easement constitutes a public charge without a corresponding
public benefit, and the public would be better served and benefited by vacation and
abandonment of a portion of the easement.
For and in consideration of the above findings and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the City of
North Richland Hills ("Grantor"), does hereby bargain, sell, release, vacate, abandon
and forever quitclaim unto Hometown 5 Development Corp., and its successors and
assigns, including subsequent mortgagees, or fee simple owners of the property subject
to the easement, all of Grantor's right, title, and interest, if any, in and to the following
described real property situated in Tarrant County, Texas, to wit:
A portion of the property shown and described on Exhibit A attached
hereto and incorporated herein, such property also being a sanitary sewer
easement conveyed to the City, an easement filed of record as Instrument
No. D200199524 and recorded at the Deed Records of Tarrant County,
Texas, Volume 14506, Page 344, and further filed of record as Instrument
No. D2122016057 of the Tarrant County Plat Records.
Grantor conveys all of its right, title and interest, if any, in and to the above
described real property unto the said Grantee, its heirs and assigns forever, so that
neither Grantor nor its successors or assigns shall have, claim of demand any right or
title to the aforesaid property, except Grantor shall retain rights to the portion of the
easement that is not included as a part of the vacated and abandoned easement.
Executed this the 151 day of OUeen,(9_el , 2017.
CITY OF NORTH RICHLAND HILLS
By:
Oscar revino, Mayor
`1�`�tt 111 p 11 m moirp,�i
ATTEST: ��� ...
irt
.► t:o' r cf_
(rctc.itfe ;e; ',so (15615fa
ACKNOWLEDGMENT
Before me, the undersigned authority, on this day personally appeared Oscar
Trevino, Mayor of the City of North Richland Hills, known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office •this /5 m day of No Ve s h.&( , 2017.
I 4.5= TRACI HENDERSON ► Notary Public in and for the State of Texas
Notary Public
"* STATE OF TEXAS
ID#128381736
,,x,2921. ► My Commission expires:
Return to:
City Secretary
City North Richland Hills
4301 City Point Drive
North Richland Hills, Texas 76180
EXHIBIT A
PARTIAL SANITARY SEWER EASEMENT ABANDONMENT
PAGE 1 OF 2
LEGAL DESCRIPTION N
BEING a tract of land located in the City of North Richland Hills, Tarrant County, Texas, and being a
part of the Landon C. Walker Survey, Abstract Number 1652, and being a part of a called 12.169
acre tract of land described as Tract 2 in a general warranty deed to Hometown 5 Development
Corp., as recorded in County Clerk's Document No. D217081698, Tarrant County Deed Records, and
being a portion of a sanitary sewer easement granted to the City of North Richland Hills as
recorded in Volume 14506, Page 344, Tarrant County Deed Records, and being further described as
follows:
COMMENCING at a one—half inch iron rod found at the northwest corner of said Tract 2, said point
being the southwest corner of Ice House Drive (a variable right—of—way) as recorded in Document
No. D212210657, Tarrant County Plat Records, said point also being in the east line of Lot 1, Block
B, Home Town NRH Lakes Addition, an addition to the City of North Richland Hills as recorded in
Cabinet A, Page 8333, Tarrant County Plat Records;
THENCE along the west line of said Tract 2 and along the east line of said Lot 1 as follows:
South 05 degrees 27 minutes 02 seconds West, 179.83 feet to a one—half inch iron rod found
for corner;
Southwesterly, 54.68 feet along a curve to the left which has a central angle of 10 degrees 26
minutes 32 seconds, a radius of 300.00 feet, a tangent of 27.41 feet, and whose chord bears South
00 degrees 13 minutes 45 seconds West, 54.60 feet to a one—half inch iron rod found for corner;
South 04 degrees 59 minutes 31 seconds East, 75.65 feet to a one—half inch iron rod found for
corner;
Southeasterly, 99.52 feet along a curve to the left which has a central angle of 19 degrees 00
minutes 27 seconds, a radius of 300.00 feet, a tangent of 50.22 feet, and whose chord bears
South 14 degrees 29 minutes 44 seconds East, 99.07 feet to a one—half inch iron rod found for
corner;
South 23 degrees 59 minutes 55 seconds East, 126.25 feet to a one—half inch iron rod found
for corner;
Southeasterly, 42.76 feet along a curve to the right which has a central angle of 02 degrees 29
minutes 12 seconds, a radius of 985.32 feet, a tangent of 21.39 feet, and whose chord bears South
25 degrees 07 minutes 27 seconds East, 42.76 feet to a point for corner in the north line of said
sanitary sewer easement and at the POINT OF BEGINNING of this tract of land;
THENCE North 63 degrees 58 minutes 59 seconds East, 609.13 feet along the north line of said
sanitary sewer easement to a point for corner;
THENCE South 31 degrees 45 minutes 43 seconds East, 15.08 feet to a point for corner in the
south line of said sanitary sewer easement;
THENCE South 63 degrees 58 minutes 59 seconds West, 611.32 feet along the south line of said
sanitary sewer easement to a point for corner in the west line of said Tract 2 and in the east line
of said Lot 1;
THENCE Northwesterly, 15.01 feet along a curve to the left in the west line of said Tract I and in
the east line of said Lot 1, said curve having a central angle of 00 degrees 52 minutes 23 seconds,
a radius of 985.32 feet, a tangent of 7.51 feet, and whose chord bears North 23 degrees 26
minutes 39 seconds West, 15.01 feet to POINT OF BEGINNING and containing 9,153 square feet or
0.210 acres of land.
OF
41111111Por b:\..............4:21..
DAN B. R'41/i EY DAN B. RAMSEY
R.P.L.S. N r. 4172 '.,0 4172 *,.
APRIL 19, 2017 HIV SuRd C:
SCALE: DATE I DRAWN PROJECT 16301 QUORUM DRIVE, SUITE 200E •
04-19-17 PJS FSMT wR ur,�nwr. ADDISON, TEXAS 75001 kiBIPARMIERS
EXHIBIT A
PARTIAL SANITARY SEWER EASEMENT ABANDONMENT
PAGE 2 OF 2
LEGEND
1D=203' N
IRE IRON ROD FOUND
IRS IRON ROD SET
[Of 1, E3EOCK1
HOW [OWN CANAL DISTRICT
I DOC. NO 0212238536
I
G
F ct
Yost
y----� C7 a
1 ,... ._ .._ ....Yn'
ii1N. *,E._... ._.. ._...— _....-._•..
CO
I j POINT OF / w(1
�' (eV w Q
1 CCMMENCf4(7 DOG NO;0212210657 . _... ... . 'i"
NiF' F"' �}to
I
I , ,.,,�r�
' i f-- .., a
A-1 O26'32" '1 L
R=300.00' HOME TOWN 5 DCNL.EOPLAENT CORP. 5, t"
L=54.68' i j1I2 CALLED 1RACT 2 -- 12.169 ACRES TT ICE HOUSE mw
„� T=27.41'�•' DOCUMENT 1):'1 'OE16DR. �..._ (50'ROW
CB=S00'13'45"W I I,,2 I"..__............
C=54.60' j 1�L2 .L4 / - 1
J19`QO'27" 4/2" X02.2912" f/ I
R=300.00' II 1RF R=985.23' .,,.,;'"`��//��
L=99.52' L=42.76' , AO.' �C1iY OF NORTH RICHE AND HIIIS
T=50.22'
T=21.39' 6Q�0 ';F 15 SANITYAR SL PG. 34 aF.riENI s.
CB=S14'29'44'E I WI CB=S25"07'27"W 9 `.
j ► I� .E �� (TO
VOL. IN �C�
C=99.07' C=42.76' t5_#.;r- �-.
CI1Y D NORTH RICH!AND HII ES ` —. L3 t1 ,,;,,gip,"`t1 1 g i
ST" ;f'IY4r45 . I
I•IQi_"L TOWN NRH LAKE ADDITION P OF 17 Jam' -__._1
10T 1, LI OCI: BE ING-- .�,,,;0`' PORTION TO BE ABANDONED OF °'.._
CAB. A, PG S-33 .
II � A � CITY OF NORTH RiCFiLAND HILLS 7,—.." !
SANITARY SEWER EASEMEN 1
I 52' ', VOL 14506, PG. • •
f R=985.2
1 / L=15.01 ME. PE. --+ 1
` \if ti__Sl, T=7.51' \ _/ i 101.1 ro'A e•., L DI51
t1 L=N23'26'3 "
CITY OF NCRTPI RICH!AND rTIE.L5,% P. , L 4 - „
15' SAr1!ryAw( SEw[R E.ASEL1\I\1 ` C=15.01'� � "� " eiU,' 1 j) D216
:'GL 14';;)l, PG 344
•
(TO REMAIN IN EFFECT) ` 1
,/ a. ft, 4r,iN,CM' OF NORTH RICH�L `AND HILLS,/ "
Sr�t�!DLR 1 12E50,RP�A;(.t:E.iJ T N� `
IV tJ1 V !
1
LINE TABLE
LINE BEARING ' DISTANCE
L1 SO527'02"W 179.83
U SO4'59'31"E 75.65
L3 S23'59'55"E 126.25
L4 S31'45'43"E 15.08 w
I„SCA20D' 04-19-17 E
4 19E 17 D PJS 1 CCIITARC034 f^{n„� 16301 ADDISON, TEXAS 752012DDB
OBI ,,kTNERS4