HomeMy WebLinkAboutOrdinance 3536 ORDINANCE NO. 3536
AN ORDINANCE VACATING AND ABANDONING IN-PLACE A WATER
LINE EASEMENT PREVIOUSLY CONVEYED TO THE CITY;
DECLARING THAT SUCH EASEMENT IS NO LONGER NEEDED FOR
USE BY THE PUBLIC; AUTHORIZING THE CITY MANAGER TO
EXECUTE A QUITCLAIM DEED RELEASING AND ASSIGNING THE
EASEMENT TO THE OWNER OF THE FEE ESTATE; PROVIDING A
SEVERABILITY 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 2nd, 2005, a water line easement was granted to the City,
which such easement is filed of record as Instrument No. D205157048 of
the Tarrant County Deed Records; and
WHEREAS, a Developer is proposing to install a new water line and is requesting that
the existing water line (depicted and described in Exhibit "A" herein) be
filled with flowable fill, capped, and abandoned in place, and after careful
study and consideration, the City Council has determined that the public
would be better served and benefited by vacating and abandoning 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 the easement, the
City desires to execute a quitclaim deed releasing and assigning all
title and control in 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 the water line easement conveyed to
the City on or about June 2, 2005 filed of record as Instrument No.
D205157048 of the Tarrant County Deed Records, and as shown and
described on Exhibit "A" attached hereto and incorporated herein. The
NRH Ordinance No. 3536
Page 1 of 3
existing easement to be abandoned is shown and depicted on Exhibit
SECTION 3: The purpose of vacating and abandoning the existing easement is to
support future development to construct, install, operate, and maintain a
new water line to replace the existing line, such new line being shown and
depicted on Exhibit "C."
SECTION 4: The City Council finds that the existing easement that is to be abandoned
is no longer needed for public use.
SECTION 5: The City Manager 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, and a hold harmless agreement in which the City is
released from all liability related to the abandonment of the easement.
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 easement, such agreement shall
be executed and attached hereto as Exhibit "D." Release 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.
NRH Ordinance No. 3536
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 10th day of September, 2018.
CITY OF 'O' H "I HLAND HILLS
/j
By:
Oscar Trevino, Mayor
ATTEST:
( tots
Alicia Richardsontit Seta.r ..
APPROVED AS TO FORM AND LEGALITY:
*0
Maleshia B. McGinnis, City Attorney
APPROVED AS TO CONTENT:
Ivut
Mike Curtis, Managing Director
NRH Ordinance No. 3536
Page 3 of 3
Ordinance 3536 EXHIBIT "A" Page 1 of 1
15 FOOT WATERLINE EASEMENT
SHEET 1 OF 1
LEGAL DESCRIPTION
BEING all that tract of land in the City of North Richland Hills, Tarrant County, Texas, and being a
part of the T. K. MARTIN SURVEY, ABSTRACT NUMBER 1055, and being a part of that 10.733 acre
tract of land conveyed to Arcadia Land Partners 26, Ltd. as recorded in Document No. D203472395,
Tarrant County Deed Records, and being further described as follows:
COMMENCING at a one-half inch iron rod found for corner in the west line of said 10.733 acre tract,
said point being in the east line of Amundson Drive (a variable width right-of-way);
THENCE Southeasterly, 48.33 feet along a curve to the right having a central angle of 05 degrees 26
minutes 06 seconds, a radius of 509.50 feet, a tangent of 24.18 feet, whose chord bears South 04
degrees 41 minutes 00 seconds East, 48.31 feet to a point for corner and the POINT OF BEGINNING of
this tract of land;
THENCE South 89 degrees 35 minutes 45 seconds East, 30.44 feet to a point for corner;
THENCE South 00 degrees 24 minutes 15 seconds West, 47.66 feet to a point for corner;
THENCE South 89 degrees 38 minutes 18 seconds East, 117.10 feet to a point for corner;
THENCE North 45 degrees 21 minutes 42 seconds East, 27.69 feet to a point for corner;
THENCE Northeasterly, 447.69 feet along a curve to the left having a central angle of 04 degrees 33
minutes 51 seconds, a radius of 5620.08 feet, a tangent of 223.96 feet, whose chord bears North 87
degrees 46 minutes 21 seconds East, 447.57 feet to a point for corner;
THENCE Northeasterly, 13.21 feet, along a curve to the right having a central angle of 00 degrees 07
minutes 47 seconds, a radius of 5839.08 feet, a tangent of 6.60 feet, whose chord bears North 85
degrees 33 minutes 19 seconds East, 13.21 feet to a point for corner, said point being in the west
line of that 2.169 acre tract of land conveyed to Rose Bredeweg and Quen Bredeweg as recorded in
Document No. D204311373, Tarrant County Deed Records;
THENCE South 00 degrees 27 minutes 50 seconds East, 15.04 feet along the west line of said 2.169
acre tract to a point for corner;
THENCE Southwesterly, 12.15 feet along a curve to the left having a central angle of 00 degrees 07
minutes 10 seconds, a radius of 5824.08 feet, a tangent of 6.07 feet, whose chord bears South 85
degrees 33 minutes 01 seconds West, 12.15 feet to a point for corner;
THENCE Southwesterly, 442.71 feet along a curve to the right having a central angle of 04 degrees 30
minutes 05 seconds, a radius of 5635.08 feet, a tangent of 221.47 feet, whose chord bears South 87
degrees 44 minutes 28 seconds West, 442.60 feet to a point for corner;
THENCE South 45 degrees 21 minutes 42 seconds West, 27.74 feet to a point for comer,
THENCE North 89 degrees 38 minutes 18 seconds West, 138.33 feet to a point for corner;
THENCE North 00 degrees 24 minutes 15 seconds East, 47.67 feet to a point for corner;
THENCE North 89 degrees 35 minutes 45 seconds West, 15.04 feet to a point for corner in the west
line of said 10.733 acre tract, said point being in the east line of Amundson Drive, from which a
one-half inch iron rod bears South 00 degrees 03 minutes 46 seconds West, 6.07 feet;
THENCE Northwesterly, 15.01 feet along a curve to the left in the west line of said 10.733 acre tract,
said curve having a central angle of 01 degrees 41 minutes 15 seconds, a radius of 509.50 feet, a
tangent of 7.50 feet, whose chord bears North 01 degrees 07 minutes 19 seconds West, 15.01 feet to
the POINT OF BEGINNING and containing 10,255 square feet or 0.235 acres of land.
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, - Ordinance 3536 EXHIBIT "B" Page 1 of 1
15 FOOT WATERLINE EASEMENT
SHEET 1 OF 1
ROSE BREDEWEG & QUEN BREDEWEG
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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 the easement shown
and described in Exhibit A, attached hereto and incorporated herein which was conveyed
to the City on or about June 2, 2005 and filed of record as Instrument No. D205157048
of the Tarrant County Deed Records, that the public would be better served and benefitted
by vacating and abandoning the existing easement to support future development to
construct, install, operate and maintain a new water 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 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 NRH SL Realty, LP, 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 water line easement
conveyed to the City, an easement filed of record as Instrument
No.D205157048 of the Tarrant County Deed 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.
Ordinance 3536 Quitclaim Deed
Page 1 of 2
Executed this the 10th day of September, 2018.
CITY OF NORTH RICHLAND HILLS
By:
Mark Hindman, City Manager
ATTEST:
Alicia Richardson, City Secretary
ACKNOWLEDGMENT
Before me, the undersigned authority, on this day personally appeared Mark
Hindman, City Manager 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 day of , 2018.
Notary Public in and for the State of Texas
My Commission expires:
Return to:
City Secretary
City North Richland Hills
4301 City Point Drive
North Richland Hills, Texas 76180
Ordinance 3536 Quitclaim Deed
Page 2 of 2
Ordinance 3536 Exhibit"D" Page 1 of 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 NRH SL Realty, LP
("Developer"), a Texas Limited Corporation, individually referred to as a "party" and
collectively referred to as the"parties."
RECITALS
On or about June 2, 2005, a water line easement (the "Easement") was granted to the City,
which such easement is filed of record as Instrument No.D205157048 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.
Developer is proposing to install a new water 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 the Easement.
AGREEMENT
1. The parties acknowledge and agree that the City has agreed to abandon the Easement for
the purpose of allowing Developer to install a new water line to service the development
that will be affected by abandonment of the Easement.
2. The Easement to be abandoned shall be abandoned in-place, and in accordance with
industry standards and best practices, Developer shall abandon water line in place, fill
with flowable fill, and cap water 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 the
Easement in-place and installation of a new water line.
4. DEVELOPER HEREBY AGREES TO FOREVER RELEASE THE CITY FROM
ANY AND ALL LIABILITY RELATED TO THE ABANDONING IN PLACE OF
THE EASEMENT AND INSTALLATION OF A NEW WATER LINE.
Hold Harmless Agreement
Page 1 of 3
Ordinance 3536 Exhibit"D"Page 2 of 3
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 EASEMENT OR
THE NEW WATER 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: NRH SL REALTY, LP,
DEVELOPE' •
By: BY:
Mark Hindman,City Manager Nick Craig,Vice President
Date: Date: ?/f/t/"
ATTEST:
Alicia Richardson, City Secretary
APPROVED TO FORM AND LEGALITY:
Maleshia Farmer, City Attorney
[Remainder of page intentionally left blank]
ACKNOWLEDGMENT
THE STATE OF TEXAS §
Hold Harmless Agreement
Page 2 of 3
Ordinance 3536 Exhibit"D"Page 3 of 3
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 Nick Craig,known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that the same is the act of NRH SL Realty, LP, and that he executed the same as the act of
NRH SL Realty, LP,for the purposes and considerations expressed in the foregoing instrument.
GIVEN UNDER MY HAND AND SEA • ' FFICE, this l0 day of
�"`k_Ou S�"' , 20 %.
_AA
NOTAR PUBLIC 1 T_ E OF TXAS
Printed Name: g 1; j QC CLVI CL S
My Commission Expires: O3
AFTER RECORDING RETURN TO:
Alicia Richardson, City Secretary
City of North Richland Hills 1 ,*RY•� MARISELA ZACARIAS
_ `^ Notary ID:131471101
4301 City Point Drive sa 7^�7 My Commission Expires
North Richland Hills, Texas 76180 ( 're!E Mann Commission zozz
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 the easement shown
and described in Exhibit A, attached hereto and incorporated herein which was conveyed
to the City on or about June 2, 2005 and filed of record as Instrument No. D205157048
of the Tarrant County Deed Records, that the public would be better served and benefitted
by vacating and abandoning the existing easement to support future development to
construct, install, operate and maintain a new water 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 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 NRH SL Realty, LP, 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 water line easement
conveyed to the City, an easement filed of record as Instrument
No.D205157048 of the Tarrant County Deed 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.
Quitclaim Deed
Page 1 of 2
Executed this the 10th day of September, 2018.
CITY OF NORTH RICHLAND HILLS
By: 1n-04144..-
oi,;,,,,,,,;,,, Mark Hindman, City Manager•ATTEST: , 4/•-=
i
Alicia Richardson, City Se retary •: .` ?°
,r?liil
ACKNOWLEDGMENT
Before me, the undersigned authority, on this day personally appeared Mark
Hindman, City Manager 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
//Eh'day of jpelrytibe{- , 2018.
44: TRACI HENDERSON I ,
Notary Public
I *''I"} STATE OF TEXAS I Notary Public in and for the State of Texas
NAgI�\�4Py ID#125381736
``^ ° �My Comm.Exp.Sep.12,2021 I
- - My Commission expires: 61--I Z -ZoZ /
Return to:
City Secretary
City North Richland Hills
4301 City Point Drive
North Richland Hills, Texas 76180
Quitclaim Deed
Page 2 of 2
Quitclaim Deed EXHIBIT "A" Page 1 of 1
15 FOOT WATERLINE EASEMENT
SHEET 1 OF 1
LEGAL DESCRIPTION
BEING all that tract of land in the City of North Richland Hills, Tarrant County, Texas, and being a
part of the T. K. MARTIN SURVEY, ABSTRACT NUMBER 1055, and being a part of that 10.733 acre
tract of land conveyed to Arcadia Land Partners 26, Ltd. as recorded in Document No. D203472395,
Tarrant County Deed Records, and being further described as follows:
COMMENCING at a one-half inch iron rod found for corner in the west line of said 10.733 acre tract,
said point being in the east line of Amundson Drive (a variable width right-of-way);
THENCE Southeasterly, 48.33 feet along a curve to the right having a central angle of 05 degrees 26
minutes 06 seconds, a radius of 509.50 feet, a tangent of 24.18 feet, whose chord bears South 04
degrees 41 minutes 00 seconds East, 48.31 feet to a point for corner and the POINT OF BEGINNING of
this tract of land;
THENCE South 89 degrees 35 minutes 45 seconds East, 30.44 feet to a point for corner;
THENCE South 00 degrees 24 minutes 15 seconds West, 47.66 feet to a point for corner;
THENCE South 89 degrees 38 minutes 18 seconds East, 117.10 feet to a point for corner;
THENCE North 45 degrees 21 minutes 42 seconds East, 27.69 feet to a point for corner;
THENCE Northeasterly, 447.69 feet along a curve to the left having a central angle of 04 degrees 33
minutes 51 seconds, a radius of 5620.08 feet, a tangent of 223.96 feet, whose chord bears North 87
degrees 46 minutes 21 seconds East, 447.57 feet to a point for corner;
THENCE Northeasterly, 13.21 feet, along a curve to the right having a central angle of 00 degrees 07
minutes 47 seconds, a radius of 5839.08 feet, a tangent of 6.60 feet, whose chord bears North 85
degrees 33 minutes 19 seconds East, 13.21 feet to a point for corner, said point being in the west
line of that 2.169 acre tract of land conveyed to Rose Bredeweg and Quen Bredeweg as recorded in
Document No. D204311373, Tarrant County Deed Records;
THENCE South 00 degrees 27 minutes 50 seconds East, 15.04 feet along the west line of said 2.169
acre tract to a point for corner;
THENCE Southwesterly, 12.15 feet along a curve to the left having a central angle of 00 degrees 07
minutes 10 seconds, a radius of 5824.08 feet, a tangent of 6.07 feet, whose chord bears South 85
degrees 33 minutes 01 seconds West, 12.15 feet to a point for corner;
THENCE Southwesterly, 442.71 feet along a curve to the right having a central angle of 04 degrees 30
minutes 05 seconds, a radius of 5635.08 feet, a tangent of 221.47 feet, whose chord bears South 87
degrees 44 minutes 28 seconds West, 442.60 feet to a point for corner;
THENCE South 45 degrees 21 minutes 42 seconds West, 27.74 feet to a point for corner;
THENCE North 89 degrees 38 minutes 18 seconds West, 138.33 feet to a point for corner;
THENCE North 00 degrees 24 minutes 15 seconds East, 47.67 feet to a point for corner;
THENCE North 89 degrees 35 minutes 45 seconds West, 15.04 feet to a point for corner in the west
line of said 10.733 acre tract, said point being in the east line of Amundson Drive, from which a
one-half inch iron rod bears South 00 degrees 03 minutes 46 seconds West, 6.07 feet;
THENCE Northwesterly, 15.01 feet along a curve to the left in the west line of said 10.733 acre tract,
said curve having a central angle of 01 degrees 41 minutes 15 seconds, a radius of 509.50 feet, a
tangent of 7.50 feet, whose chord bears North 01 degrees 07 minutes 19 seconds West, 15.01 feet to
the POINT OF BEGINNING and containing 10,255 square feet or 0.235 acres of land.
Drawing H:\Projects\ARC003\dw9\XAR0003E9AT.dwg Saved By. relives Save Times 6/3/2005 7:29 AN -- Jones & Boyd, Inc.
DRAWN: PROJECT:
DATE: -M 17090 Dallas Parkway,Suite 200
▪E"'"*' Dallas.Texas 75248
RS ARC003 02/08/05 olftroops ktkiry Rot 972-24 7676
•s.nio Fax 972.248.1414
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 NRH SL Realty, LP
("Developer"), a Texas Limited Corporation, individually referred to as a "party" and
collectively referred to as the "parties."
RECITALS
On or about June 2, 2005, a water line easement (the "Easement") was granted to the City,
which such easement is filed of record as Instrument No. D205157048 of the Tarrant County Plat
Records. 9)- 10 By Ordinance No. 3 53 a , 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.
Developer is proposing to install a new water 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 the Easement.
AGREEMENT
1. The parties acknowledge and agree that the City has agreed to abandon the Easement for
the purpose of allowing Developer to install a new water line to service the development
that will be affected by abandonment of the Easement.
2. The Easement to be abandoned shall be abandoned in-place, and in accordance with
industry standards and best practices, Developer shall abandon water line in place, fill
with flowable fill, and cap water 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 the
Easement in-place and installation of a new water line.
4. DEVELOPER HEREBY AGREES TO FOREVER RELEASE THE CITY FROM
ANY AND ALL LIABILITY RELATED TO THE ABANDONING IN PLACE OF
THE EASEMENT AND INSTALLATION OF A NEW WATER LINE.
Hold Harmless Agreement
Page 1 of 3
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 EASEMENT OR
THE NEW WATER 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: NRH SL Realty, LP,
DEVEL P .
By: .r.. By: /
Mark Hindman, City Manager Name: /iJ;cjc k;
Title: V;e,e_ lPresj
Date: 9 - 18 Date: 4/7/0//5
ATTEST: ` l '�3.
s
Alicia Richardson, City Secretary g
APPROVED TO FORM AND LEGALITY:
aleshia B. McGinnis, City Attorney
N R H Council Action N [Remainder of page intentionally left blank]
Date Approved L"(0'201 g
Agenda No. ' L
Ord / Res No. 3534
ACKNOWLEDGMENT
THE STATE OF TEXAS §
Hold Harmless Agreement
Page 2 of 3
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 appearedN c.k G�,,Al i
known to me to be the person whose name is subscribed to the foregoing instrument
acknowledged to me that the same is the act of)1CN ,5L r L2 , and that he
executed the same as the act of 1, kNSt..x� 1b ', for the purposes and
considerations expressed in the foregoing instrument.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, to _ 04 day of
�1•„�f— , 20)%
JOSEPH IRLBECK OTARY PU IC, STATE OF TEXAS
o`�av aye'. _
a ? Notary Public,State of Texas Printed Name: J
Comm. Expires 08-05-2022
. My Commission Ex i
,�r� Notary ID 129909296 y p
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
!'`'* •-• MARY LOUISE GARCIA
l : tip;
& l COUNTY CLERK
s
100 West Weatherford Fort Worth, TX 76196-0401
!� . ' PHONE(817) 884-1195
CITY OF NORTH RICHLAND HILLS
4301 CITY POINT DRIVE
NORTH RICHLAND HILLS, TX 76180
Submitter: CITY OF NORTH RICHLAND
HILLS
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 10/24/2018 3:28 PM
Instrument#: D218237574
ORD 16 PGS $72.00
By:
D218237574
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.