HomeMy WebLinkAboutOrdinance 3643 ORDINANCE NO. 3643
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, VACATING AND ABANDONING A FIRE
LANE, ACCESS, DRAINAGE AND WATER EASEMENT PREVIOUSLY
CONVEYED TO THE CITY; DECLARING THAT SUCH EASEMENT IS NO
LONGER NEEDED FOR USE BY THE PUBLIC; AUTHORIZING THE
MAYOR 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 August 27, 2013, a fire lane, access, drainage and water
easement was granted to the City, which such easement is filed of record
as Instrument No. D213226845 of the Tarrant County Deed Records; and
WHEREAS, the current property owner, Millennium at Hometown, LLC. ("Developer")
has constructed improvements to replace the fire lane, access, drainage
and water easement dedicated in the construction of Hometown Dolce
Addition Phase II, 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 fire lane, access, drainage and
water easement conveyed to the City on or about August 27, 2013 filed of
record as Instrument No. D213226845 of the Tarrant County Deed
Ordinance No.3643
Page 1 of 3
Records, and as shown and described on Exhibit "A" attached hereto
and incorporated herein. The existing easement to be abandoned is
shown and depicted on Exhibit "A."
SECTION 3: The purpose of vacating and abandoning the existing easement is to allow
the Developer to build a structure across the easement which is no longer
needed to provide fire service as the service has been provided
elsewhere.
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 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 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 for claims for damages or loss, unless such damage or
loss is caused by the negligent acts or omissions or intentional misconduct
of the City, its employees, officers, subcontractors, agents or
representatives. Developer further agrees that Developer will be liable for
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, if such
damage or loss is caused by the negligent acts or omissions or intentional
misconduct of Developer, its employees, officers, subcontractors, agents
or representatives, such agreement shall be executed and attached hereto
as Exhibit "B." 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 release 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,
Ordinance No.3643
Page 2 of 3
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.
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 April 2020.
CITY OF • -TH 4 LANI7.ILLS
By: L � d��
O ca Zvi • ayor
\`\\ \
t1111 1 11 1111 7/tl// i�
ATTEST: GILL n.O•
•T
•
• •
ifs <
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Alicia Richardson, Cityte4etary .. 9'
1/3
•` ••��`\`o„
APPROVED AS TO FORM A/ND'Itl_' GALITY:
Maleshia B. McGinnis, City Attorney
APPROVED611-1—S-th,70
AS TO CONTENT:
Caroline Waggoner, ►ij ctor of Public Works
Ordinance No.3643
Page 3 of 3
Page 1 of 6
Exhibit A
CITY OF NORTH RICHLAND HILLS, TEXAS
FIRE LANE,ACCESS, DRAINAGE, &WATER EASEMENT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRAN i-p_T _
That I/we, -ktx.vn Or bon Pr -CS, L'jd. ,asSeller(s),
for and inc—onsideration of the agreed purchase price of Ten Dollar(s)
($ 10 ) 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 1) fire lane, 2) public access for vehicular and pedestrian use, 3) public
drainage facilities, including underground conduits and overland flumes or swales with
unrestricted surface access for relief flow, 4) public water line facilities including
underground conduits,and said perpetual easement being described by metes and bounds
on Exhibit "A" and shown by plat on Exhibit "B". Both Exhibit "A" and Exhibit "B" are
attached hereto and made a part hereof.
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.
Executed this the / / r. day of IeCP_vv.)atr ,A.D.,2012.
I- wu4cw Orh>n 3:r<4A/us,Ltc .
/4-1A-'-akr
SELLER(S)Erame diet Res of tie-
Found AS—
Page 1 of 2 PN24DRAN.EAS
+ACS/TRc* TARRANT Doc: 000226845 Date: 08/27/2013 Vol: 0000000 Page: 00000 Page: 1 Of 6
Ordinance No.3643
Exhibit A
Page 1 of 6
Page 2 of 6
ADDRESS OF GRANTEE:
City of North Richland Hills
7301 N.E. Loop 620
N. Richland Hills,Texas 76180
i STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on this the ic:rfri day of
ter2-w,h¢! ,A.D., 2012 by 5a.at; NM.Adch:e /a c$
flcv iw m Urban Th.-1 tnar5 , 4.,-f2'I.
G OAP _
Notary Public, State of Tell
Commission Expires: Notary's Printed Name:
I I /4 //LI 'lo2.l G-.Lneth lt
49\!'4
.( F1 Notary PubIt State or Texas
3�./ . iP My Commission Expires
4 F• November 04,2014
Page 2 of 2
*ACS/TRC* TARRANT Doc: 000226845 Date: 08/27/2013 Vol: 0000000 Page: 00000 Page: 2 Of 6
Ordinance No.3643
Exhibit A
Page 2 of 6
Page 3 of 6
LEGAL DESCRIPTION
BEING a tract of land situated in the city of North Richland Hills, Tarrant
County, Texas, out of the Landon C. Walker Survey, Abstract No. 1652, being part
of a 28.586 acre tract of land conveyed to RCC Hometown Apartments, Ltd.
according to the deed recorded in Clerk's File Number D207420504, Deed Records,
Tarrant County, Texas, and being more particularly described by metes and bounds
as follows;
COMMENCING at a 5/8' iron rod set with plastic cap stamped 'R.P.L.S. 5199°,
being in the south line of said 28.586 acre tract, being the southeast corner of
a 13.3136 acre tract of land conveyed to Dolce Living Hometown LLC as recorded
in County Clerk's File No. D212132147, Deed Records, Tarrant County, Texas, and
being in the north line of a tract of land conveyed to Texas Electric Service
Company as recorded in Volume 2844, Page 281, Deed Records, Tarrant County,
Texas;
THENCE, along the east line of said 13.3136 acre tract, North 03 degrees 09
minutes 11 seconds East, a distance.of 19B.48 feet to a 5/8' iron rod set with
plastic cap stamped 'R.P.L.S. 5199', being in the southeast line of said 13.3136
acre tract;
THENCE, along the southeast line of said 13.3136 acre tract, North 48 degrees 09
minutes 12 seconds East, a distance of 229.45 feet to the POINT OF BEGINNING;
THENCE, continuing along said southeast line, North 48 degrees 09 minutes 12
seconds East, a distance of 30.10 feet to the beginning of a non-tangent curve
to the right;
THENCE, departing said southeast line, along said curve to the right, through a
central angle of 63 degrees 46 minutes 08 seconds, a radius of 46.00 feet, an
arc length of 51.20 feet, a chord bearing of South 28 degrees 43 minutes 53
seconds East and a chord distance of 48.60 feet;
THENCE, South 03 degrees 09 minutes 11 seconds West, a distance of 36.25 feet to
the beginning of a curve to the left;
THENCE, along said curve to the left, through a central angle of 90 degrees 00
minutes 00 seconds, a radius of 20.00 feet, an arc length of 31.42 feet, a chord
bearing of South 41 degrees 50 minutes 49 seconds East and a chord distance of
28.28 feet;
THENCE, South 86 degrees 50 minutes 49 seconds East, a distance of 55.10 feet;
THENCE, South 03 degrees 09 minutes 11 seconds West, a distance of 26.00 feet;
THENCE, North 86 degrees 50 minutes 49 seconds West, a distance of 55.10 feet to
the beginning of a curve to the right;
THENCE, along said curve to the right, through a central angle of 90 degrees 00
minutes 00 seconds, a radius of 46.00 feet, an arc length of 72.26 feet, a chord
bearing of North 41 degrees 50 minutes 49 seconds West and a chord distance of
65.05 feet;
THENCE, North 03 degrees 09 minutes 11 seconds East, a distance of 36.25 feet to
the beginning of a curve to the left;
THENCE, along said curve to the left through a central angle of 92 degrees 44
minutes 04 seconds a radius of 20.00 feet an arc length of 32.37 feet a chord
bearing of North 43 degrees 12 minutes 51 seconds West and a chord distance of
28.95 feet to the POINT OF BEGINNING and containing 4,799 square feet or 0.1102
acres of land more or less.
EASEMENT EXHIBIT lc &llEPImo Pa kway
PART OF 28.586 ACRE TRACT Suite 117
(C.C.F.NO.D207420504,D.R.T.C.T.) °` Plano,Texas 75074
LANDON WALKER SURVEY,ABSTRACT NO.1652 (972)474-7002 Vaica
CITY OF NORTH RICHLAND HILLS,TEXAS (972)633-1702 Fax
gain
Date: 12/17/2012 Project No. 1217907 x I 1 Eigifr 1 i' V'W'.SmveyConaultantsloc.Com
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•ACM/TRC• TARRANT Doc: 000226845 Date: 08/27/2013 Vol: 0000000 Page. 00000 Page: 3 Of 6
Ordinance No.3643
Exhibit A
Page 3 of 6
Page 4 of 6
LEGEND
o 75' 150 1/2' I.R.F.C. 1/2' IRON ROD FOUND WITH PLASTIC
immr=SCALE: 1°=1$0'
CAP STAMPED 'JPH'
5/8' I.R.S. 5/8' IRON ROD SET WITH PLASTIC
CAP STAMPED 'R.P.L.S. 5199'
BASIS OF BEARINGS (CM) CONTROLLING MONUMENT
EASE LINE OF 16.9198 ACRE TRACE C.C.F. NO. COUNTY CLERK'S FILE NUMBER
N 09'09'1l'8 D.R.T.C.T. DEED RECORDS, TARRANT COUNTY, TX.
(C.C.F. NO. 6212192147, D.R.T.C.T.) CAP
IRON ROD FOUND
P.R.T.C.T. PLAT RECORDS, TARRANT, COUNTY, TX
I PG. PAGE
NUMBER DIRECTION DISTANCE P.O.B. POINT OF BEGINNING
LI N 48°09'12' E •
30.10' - P.O.C. POINT OF COMMENCING
VOL. VOLUME
L2 S 03°09'11' W 38.25'
L3 S 86°50'49' E 55.10' NO. DELTA RADIUS LENGTH CHORD BEARING CHORD
L4 S 03°09'11' W 26.00' C1 63°46'08' 46.00' 51.20' S 28°43'53' E 48.80'
L5 N 86°50'49° W 55.10' C2 90°00'00° 20.00' 31.42' S 41'50'49' E 28.28'
L6 N 03°09'11' E 36.25' C3 90°00'00' 46.00' 72.26' N 41'50'49' W 65.05'
C4 92°44'04' 20.00' 32.37' N 43°12'51' W 28.95'
/ 1
/ f c9°'+ roq
19.9198 ACRES // N14. 0 6
DOLCE LIVING HOMETOWN, LLC \ A4a'tp.` ..
(C.C.F. NO. D212152147, D.R.T.C.T.) oity GO
SA
' 5/8' I.R.S. • •9
ea 4 OW
P.O.B. +.r ,�06' FIRE LANE. ACCESS, \
DRAINAGE & WATER
�
di"h �P�P�� EASEMENT /J�\
h 9 ) O.102 ACRESE FEET
.
ry/ (co REMAINDER OF \
Ao,�i c'J` S 28.586 ACRES \
p/ LS ARCC HOMETOWNTS, LT \
APARTMENTS. LTD.
0 5/e' LRs (C.C.F. NO. D207420504, •
z (Cu) D.R.T.C.T.) 2.0970 ACRES
W• 1, 20.5' SANITARY SEWER EASEMENT APARTMENTS,HOMETOWNLTD.
„0rQ ' (VOLUME 9854, PAGE 1841, D.R.T.C.T.)
z z0 'W (VOLUME 9858, PAGE 395. D.R.T.C.T.
(C.C.F. NO. D207402528,
_ I D.R.T.C.T.)
O:
EX▪ M r I
P.O.C. TEXAS ELECTRIC SERVICE COMPANY — — _
58' I.R.S.
/ _HC _ _ (VOLUME 2844, PAGE 281, D.R.T.C.T.)
16.71 ACRES
CITY OF NORTH RICHLAND HMS
(VOLUME 10980, PAGE 928, D.RT.C.T.)
EASEMENT EXHIBIT E118 P1aoo Parkway
OF 28.5E6 ACRE TRACT suite 117
(C.C.F.NO.D207420504,D.R.T.C.T.) ` Plano,Texas 75074
LANDON WALKER SURVEY,ABSTRACT NO.1652 (972)4744002 Voice
CITY OF NORTH RICHLAND HILLS,TEXAS ,,n . (972)633-1702 Fax
Data 12/17/2012 Scale; 1'=150' Project No. 1217907 Laa,VWG1j7 abiliMifral WWW.Survcyconsu>lmtsinc• eru
SHEET 2 OF 2
•ACS/TRC• TARRANT Dom 000226845 Date: 08/27/2013 Vol: 0000000 Page: 00000 Page: 4 Of 6
Ordinance No.3643
Exhibit A
Page 4 of 6
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Page 6 of 6
MARY LOUISE GARCIA
J
COUNTY CLERK
10D West Weatherford Fort Worth,TX 76196-0401
PHONE(817)884-1195
CITY OF NORTH RICHLAND HILLS
7301 NE LOOP 820
NRH, 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: 8/27/2013 10:03 AM
Instrument#: D213226845
uv 6 PGS $32.00
f' artei` w u.�.
By:
D213226845
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.
.ACa/TNC. TAR ANT Doc: 000226845 Date: 08/27/2013 Vol: 0000000 Page: 00000 Page: 6 Of 6
Ordinance No.3643
Exhibit A
Page 6 of 6
Exhibit "B"
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 Millennium at
Hometown, LLC ("Developers"), individually referred to as a "party" and collectively
referred to as the "parties."
RECITALS
On or about August 27, 2013, a fire lane, access, drainage and water easement (the
"Easement")was granted to the City, which such easement is filed of record as Instrument
No. D213226845 and recorded at the Deed Records of Tarrant County, Texas.
By Ordinance No. , approved on , the City Council
vacated and abandoned the Easement and determined that the public would be better
served and benefited by relinquishing its right to the Easement and releasing and
assigning, by quitclaim deed, all title and control in 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 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 build a structure across the
easement, which is no longer needed to provide fire protection, access, drainage
or water service as each has been provided elsewhere.
2. DEVELOPER HEREBY AGREES TO FOREVER RELEASE THE CITY FROM
ANY AND ALL LIABILITY RELATED TO THE ABANDONING OF THE
EASEMENT. 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.
3. This covenant and condition shall run with the land and be binding on all
successors and assigns of the fee estate.
Ordinance No.3643
Exhibit B Hold Harmless Agreement
Page 1 of 4
ACCEPTED AND AGREED:
CITY OF NORTH RICHLAND HILLS: DEVELOPER:
By: By:
Mark Hindman, City Manager Name:
Date: Title:
Date:
ATTEST:
Alicia Richardson, CitySecretary
rY
APPROVED TO FORM AND LEGALITY:
Maleshia McGinnis, Ci Attorney
[Remainder of page intentionally left blank]
Ordinance No.3643
Exhibit B Hold Harmless Agreement
Page 2 of 4
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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
, 20_
NOTARY PUBLIC, STATE OF TEXAS
Printed Name:
My Commission Expires:
Ordinance No.3643
Exhibit B Hold Harmless Agreement
Page 3 of 4
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared
, known to me (or satisfactorily proven) 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 Millenium at
Hometown, LLC, 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
Ordinance No.3643
Exhibit B Hold Harmless Agreement
Page 4 of 4
yiCity Secretary Office
Official 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 Millennium at
Hometown, LLC ("Developers"), individually referred to as a "party" and collectively
referred to as the "parties."
RECITALS
On or about August 27, 2013, a fire lane, access, drainage and water easement (the
"Easement")was granted to the City, which such easement is filed of record as Instrument
No. D213226845 and recorded at the Deed Records of Tarrant County,Texas.
By Ordinance No. 3643 , approved on April 13. 2020_, the City Council vacated and
abandoned in-place the Easement and determined that the public would be better served
and benefited by relinquishing its right to the Easement and releasing and assigning, by
quitclaim deed, all title and control in 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 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 build a structure across the
easement, which is no longer needed to provide fire protection, access, drainage
or water service as each has been provided elsewhere.
2. DEVELOPER HEREBY AGREES TO FOREVER RELEASE THE CITY FROM
ANY AND ALL LIABILITY RELATED TO THE ABANDONING THE EASEMENT.
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.
3. This covenant and condition shall run with the land and be binding on all
successors and assigns of the fee estate.
ACCEPTED AND AGREED:
Hold Harmless Agreement
Page 1 of 4
City Secretary Office
' " Official Record Copy
•
CITY OF NORTH ICHLAND HILLS: DEVELOPER:
h
By: By:
Mark Hindman, City Manager Name: ��/c•tir ,tri Vora c4.4-0
Date: g fit L. Ac, % Title:
• ,�; Date: o v/i y/zo zo
ATTEST:
•
‘RA r. 1 -t
151
Alicia Richardson, City Secc'gtary. •' ''
APPROVED TO FORM AND LEGALITY:
Maleshia McGinnis, ity Attorney
•
[Remainder of page intentionally
entlonally left blank]
N R H-1 Council Action ON
Date Approved 4'i 3/9c, 9
Agenda No. 13 .
&1 Res No. 3 4 4+3
Hold Harmless Agreement
Page 2 of 4
~ City Secretary Office
s - Official Record Copy
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.
tea
UNDER MY HAND AND SEAL OF OFFICE, this ) day of
ffjj//��yye'//// , 20/0.
NOTARY PUBLIC, STATE OF/TEXAS
_ TRACI HENDERSON ) Printed Name: /a c • Hcr elso 4
`:- Notary Public My Commission Expires: £f-a/-,�_/
,' STATE OF TEXAS m.Ex )
°`„e Comp.Se12 2021
Hold Harmless Agreement
Page 3 of 4
-a` �= City Secretary Office
®y Official Record Copy
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared
Ruslpf KrumucVlto , known to me (or satisfactorily proven) 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 Millenium at
Hometown, LLC, for the same purposes and considerations therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this )4 day of
/TN , 20zo .
NOTAR UBLIC, STATE OF TEXAS Need YOVIc
Printed Name: <ni-Pleen alcince
My Commission Expires: July 22, 2622
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
Kra City Secretary Office
-\ J" Official Record Copy
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 August 27, 2013 and filed of record as Instrument No. D213226845
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.
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 Millennium at Hometown, LLC., 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:
The property shown and described on Exhibit A attached hereto and
incorporated herein, such property also being a fire lane, access, drainage
and water easement conveyed to the City, an easement filed of record as
Instrument No. D213226845 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.
• City Secretary Office
" Official Record Copy
Executed this 13th day of April, 2020.
CITY OF NORTH RICHLAND HILLS
By firs/L%J
Oscar Trevino, .yo
Uflllu�n ch;;;u,.•;•o
\°\`[H u A r••:-.-
ATTEST: �._. ~.•e,.;^
W�1i T ` � 4� rit c
B ;
Alicia Richardson,'City•Secretary`/
n un iNJJ`.
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 g day
7
Y.Y r•.-w"�M�r �J
( p"a°9_ TRACI HENDERSON
.' Notary Public Notary Public in and for the State of Texas
:` STATE OF TEXAS
^mm�, •,M Gomm.Exp.Sep.12,2621 My Commission expires:
Return to:
City Secretary
City North Richland Hills
4301 City Point Drive
North Richland Hills, Texas 76180
ExhibitA Page 1 of 6 4pt"""a- City Secretary Of aide
®" Official Record Copy
CITY OF NORTH RICHLAND HILLS, TEXAS
FIRE LANE, ACCESS, DRAINAGE, &WATER EASEMENT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT
That I/we, { tams2Acu..n Urban Tr ams/ Lod. ,as Seller(s),
for and in consideration of the agreed purchase price of "Ten Dollar(s)
($ lO to ) 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 1) fire lane, 2) public access for vehicular and pedestrian use, 3) public
drainage facilities, including underground conduits and overland flumes or swales with
unrestricted surface access for relief flow, 4) public water line facilities including
underground conduits,and said perpetual easement being described by metes and bounds
on Exhibit "A" and shown by plat on Exhibit "B". Both Exhibit "A" and Exhibit "B" are
attached hereto and made a part hereof.
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.-r.
Executed this the r/ / day of I'CP_vvtiatr , A.D., 2012.
I ome-lo-Ln Ur bon R -k-Qls,L-rc1,
1-1Adfliterr
SELLER(S)Erewbbe he. Ids o/ f
Fekrcw( Jarhicr
Page 1 of 2 PW24DRAN.EAS
•ACa/TRC* TARRANT Doc: 000226845 Date: 08/27/2013 Vol: 0000000 Page: 00000 Page: 1 Of 6
Quitclaim Deed-Ordinance 3643
Page 1 of 6
Exhibit A Page 2 of 6
(jail:. City Secretary Office
e, Official Record Copy
ADDRESS OF GRANTEE:
City of North Richland Hills
7301 N.E. Loop 820
N. Richland Hills,Texas 76180
STATE OF TEXAS i
COUNTY OF TARRANT
This instrument was acknowledged before me on this the l-- day of
` 'ro,,,,,10¢1 ,A.D., 2012by3a..,tsV1/44•ACC)^:et oc
Ucv e mown Urban t -vas , 4,-1r4.
G see
Notary Public, State of Tell N l
Commission Expires: Notary's Printed Name:
II /t4 /P-1 O ..l C.1.c rnb it
.47. TORI CHUMBLEY
,s•.. '
Notary Public,State of Texas
4. 4J My Commission Expires
%±„M,F November 04, 2014
Page 2 of 2 •
*ACa/TRC• TARRANT Doc: 000226845 Date: 08/27/2013 Vol: 0000000 Page: 00000 Page: 2 Of 6 i
Quitclaim Deed-Ordinance 3643
Page 2 of 6
Exhibit A Page 3 of 6 nn" City Secretary Office
\;W!j Official Record Copy
LEGAL DESCRIPTION
BEING a tract of land situated in the city of North Richland Hills, Tarrant
County, Texas, out of the Landon C. Walker Survey, Abstract No. 1652, being part
of a 28.586 acre tract of land conveyed to ROC Hometown Apartments, Ltd.
according to the deed recorded in Clerk's File Number D207420504, Deed Records,
Tarrant County, Texas, and being more particularly described by metes and bounds
as follows;
COMMENCING at a 5/8° iron rod set with plastic cap stamped °R.P.L.S. 5199°,
being in the south line of said 28.586 acre tract, being the southeast corner of
a 13.3186 acre tract of land conveyed to Dolce Living Hometown LLC as recorded
in County Clerk's File No. D212132147, Deed Records, Tarrant County, Texas, and
being in the north line of a tract of land conveyed to Texas Electric Service
Company as recorded in Volume 2844, Page 281, Deed Records, Tarrant County,
Texas;
THENCE, along the east line of said 13.3136 acre tract, North 03 degrees 09
minutes 11 seconds East, a distance of 198.48 feet to a 5/8° iron rod set with
plastic cap stamped °R.P.L.S. 5199°, being in the southeast line of said 13.3136
acre tract;
THENCE, along the southeast line of said 13.3136 acre tract, North 48 degrees 09
minutes 12 seconds East, a distance of 229.45 feet to the POINT OF BEGINNING;
THENCE, continuing along said southeast line, North 48 degrees 09 minutes 12
seconds East, a distance of 30.10 feet to the beginning of a non-tangent curve
to the right;
THENCE, departing said southeast line, along said curve to the right, through a
central angle of 63 degrees 46 minutes 08 seconds, a radius of 46.00 feet, an
arc length of 51.20 feet, a chord bearing of South 28 degrees 43 minutes 53
seconds East and a chord distance of 48.60 feet;
THENCE, South 03 degrees 09 minutes 11 seconds West, a distance of 36.25 feet to
the beginning of a curve to the left;
THENCE, along said curve to the left, through a central angle of 90 degrees 00
minutes 00 seconds, a radius of 20.00 feet, an arc length of 31.42 feet, a chord
bearing of South 41 degrees 50 minutes 49 seconds East and a chord distance of
28.28 feet;
THENCE, South 86 degrees 50 minutes 49 seconds East, a distance of 55.10 feet;
THENCE, South 03 degrees 09 minutes 11 seconds West, a distance of 26.00 feet;
THENCE, North 86 degrees 50 minutes 49 seconds West, a distance of 55.10 feet to
the beginning of a curve to the right;
THENCE, along said curve to the right, through a central angle of 90 degrees 00
minutes 00 seconds, a radius of 46.00 feet, an arc length of 72.26 feet, a chord
bearing of North 41 degrees 50 minutes 49 seconds West and a chord distance of
65.05 feet;
THENCE, North 03 degrees 09 minutes 11 seconds East, a distance of 36.25 feet to
the beginning of a curve to the left;
THENCE, along said curve to the left through a central angle of 92 degrees 44
minutes 04 seconds a radius of 20.00 feet an arc length of 32.37 feet a chord
bearing of North 43 degrees 12 minutes 51 seconds West and a chord distance of
28.95 feet to the POINT OF BEGINNING and containing 4,799 square feet or 0.1102
acres of land more or less.
EASEMENT EXHIBIT 811E Plano Parkway
PART OF 28.586 ACRE TRACT Suite 117
(C.C.F.NO.D207420504,D.R.T.C.T.) `` SCI Plano,Tam 75074
LANDON WALKER SURVEY,ABSTRACT NO.1652 (972)424-7002 Voice
CITY OF NORTH RICHLAND HILLS,TEXAS (972)633-1702 Fax
Dote: 12/17/2012 Project No. 1217907geffiensyConsultants. (B% wwW.surveyconswtantslnc.Com
SHEET 1 OF 2
L
.ACS/TRC. TARRANT Doe: 000226845 Date: 08/27/2013 Vol: 0000000 Page: 00000 Page: 3 Of 6
Quitclaim Deed-Ordinance 3643
Page 3 of 6
Exhibit A Page 4 of 6 City Secretary Office
;Cie'''. Official Record Copy
tExAs
LEGEND
O 75' 150' 112' I.R.F.C. . 1/2' IRON ROD FOUND WITH PLASTIC
SCALE: 1'=150 5/8' I.R.S. 5/8' IRON ROD SET WITH PLASTIC
CAP STAMPED 'R.P.L.S. 5199'
BASIS OF BEARINGS (CM) CONTROLLING MONUMENT
EAST LINE OF 13.3138 ACRE TRACT C.C.F. NO. COUNTY CLERK'S FILE NUMBER
N 09'09'111' CAP STAMPED 'JPH'
E D.R.T.C.T. DEED RECORDS, TARRANT COUNTY, TX.
(C.C.F. NO. D212132147, D.R.T.C.T.) I.P.F. IRON ROD FOUND
P.R.T.C.T. PLAT RECORDS, TARFONT, COUNTY, TX
PG. PAGE
_NUMBER DIRECTION DISTANCE P.O.B. POINT OF BEGINNING
L1 N 48°09'I2' E 30.10' P.O.C. POINT OF COMMENCING
12 S 03°09'11° W 36.25' VOL. VOLUME
L3 S 86°50'49' E 55.10' NO. DELTA RADIUS LENGTH CHORD BEARING CHORD
L4 S 03°09'11' W 28.00' CI 63°46'08' 46.00' 51.20' S 28°43'53' E 48.60'
L5 N 86°50'49° W 55.10' C2 90°00'0D° 20.00' 31.42' S 41°50'49' E 28.28'
L6 N 03°09'11' E 36.25' _ C3 90°00'00' 46.00' 72.26' N 41°50'49' W 65.05'
C4 92°44'04' 20.00' 32.37' N 43°12'51' W 28.95'
J i
V /
13.3136 ACRES ' \ 'v— 9
AL
DOLCE LIVING HOMETOWN, LLC \ O
(C.C.F. NO. D212132147, D.R.T.C.T.) F�C3�:j<<►O
,1'4' S/8' IliS \
qq ryet (CM) \r�r
P.O.B. ab �O6• FIRE LANE, ACCESS, \�
DRAINAGE & WATER \
'N Ci EASEMENT /jam\
Ah C-I ' 0.1102 ACRES 4,799 SQUARE FEET
.�%•/ry'L0 te`L3 a REMAINDER OF \ \
•04+/ C3` a 28.586 ACRES
LS RCC HONT, T \APARTMENTS, LTD.
o uss. (C.C.F. NO. D207420504.= D.R.T.C.T.)
o1r71M) 2.0970 ACRE9p Vm 20.5' SANITARY SEWER EASEMENT HOMETOWN
,„a (VOLUME 9854, PAGE 1841, D.R.T.C.T.) APARTMENTS, LTD.
.a z Iw (C.C.F. NO. D207402526,
(VOLUME 9858• , PAGE 395, D.R.T.CT.=P
I
D.R.T.C.T.)
IC
WA0
1 - - - =
O ra
— ' IR. — —S.
TECO ELECTRIC SERVICE COMPANY
L — — S__)CM) — _ (VOLUME 2844, PAGE 281, D.R.T.C.T.) -
16.71 ACRES
CITY OF NORTH RICHLAND HILTS
(VOLUME 10980, PAGE 328, D.R.T.C.T.)
EASEMENT EXHIBIT 811 E.Plano Parkway
PART OF 28.586 ACRE TRACT Suite 117
(C.C.F.NO.D207420504,D.R.T.C.T.) 4SCI
n
Pla ,Texas 75074
LANDON WALKER SURVEY,ABSTRACT NO. 1652 (972)424-7002 Voice
CITY OF NORTH RICHLAND HILLS,TEXAS � �.,�T (972)633-1702 Fax
Date: 12/17/2012 Scale: 1'm150' Project No. 1217907 �•.••Aa""/7 Consultants. �i 3, WWW,SurveyConsulrmesluaCam
SHEET 2 OF 2
•ACS/TRC• TARRANT Doc: 000226845 Date: 08/27/2013 Vol: 0000000 Page: 00000 Page: 4 01 6
Quitclaim Deed-Ordinance 3643
Page 4 of 6
Exhibit A Page 5 of 6 (a`„`7`�'i City Secretary Office
EXHIBIT"B"i \O"' Official Record Copy
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.ACS/TRC+ TARRANT Doc: 000226845 Date: 08/27/2013 Vol: 0000000 Page: 00000 Page: 5 Of 6
Quitclaim Deed-Ordinance 3643
Page 5 of 6
r i
Exhibit A Page 6 of 6
° CitySecretary Office
r�O,�7 Official Record Copy
MARY LOUISE GARCIA
74-72
COUNTY CLERK ' '
i<. : . 100 West Weatherford Fort Worth,TX 76196-0401
•- r
PHONE(817)884-1195
CITY OF NORTH RICHLAND HILLS
7301 NE LOOP 820
NRH, 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: 8/27/2013 10:03 AM
Instrument#: D213226845
/ni E 6 PGS $32.00
By:
D213226845
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.
•ACS/TRC* TARRANT Doc: 000226845 Date: 08/27/2013 Vol: 0000000 Page: 00000 Page: 6 0f 6
Quitclaim Deed-Ordinance 3643
Page 6 of 6
DUPLICATE
ORIGINAL
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 Millennium at
Hometown, LLC ("Developers"), individually referred to as a "party" and collectively
referred to as the "parties."
RECITALS
On or about August 27, 2013, a fire lane, access, drainage and water easement (the
"Easement")was granted to the City,which such easement is filed of record as Instrument
No. D213226845 and recorded at the Deed Records of Tarrant County, Texas.
By Ordinance No. 3643 , approved on April 13, 2020_, the City Council vacated and
abandoned in-place the Easement and determined that the public would be better served
and benefited by relinquishing its right to the Easement and releasing and assigning, by
quitclaim deed, all title and control in 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 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 build a structure across the
easement, which is no longer needed to provide fire protection, access, drainage
or water service as each has been provided elsewhere.
2. DEVELOPER HEREBY AGREES TO FOREVER RELEASE THE CITY FROM
ANY AND ALL LIABILITY RELATED TO THE ABANDONING THE EASEMENT.
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.
3. This covenant and condition shall run with the land and be binding on all
successors and assigns of the fee estate.
ACCEPTED AND AGREED:
Hold Harmless Agreement
Page 1 of 4
DUPLICATE`
ORIGINAL
CITY OF NORTH RICHLAND HILLS: DEVELOPER:
A
By: ' I ' t-d T- By:
Mark Hindman, City Manager Name: /t-`s lc itrAtern`xY"
Date: mkt_ 20, zo 7-0 Title: -144-2,2 er-
g
..�'�\`\`�0 ``r`rL! ? 31 Date: a // /z°
ATTEST: 0
Alicia Richardson, City Sec(etary..• .._417 �\
4<:>•,•3 ,n
4 .d:0�o�``
APPROVED TO FORM AND LEGALITY:
i
Maleshia McGinnis, City Attorney
[Remainder of page intentionally left blank]
N 64H Council Adler:O N
Date Approved
Agenda No. h. 4-
Res No. 3(0LP
Hold Harmless Agreement
Page 2 of 4
DUPLICATE
ORIGINAL
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.
ot
GIN UNDER MY HAND AND SEAL OF OFFICE, this day of
, 200�
7HQ.C! HENDERSON NOTARY PUBLIC, STATE OF TEXAS
c ° Printed Name: -Pao: f 1Pnc(2dso ,
Notary Public
u; STATE OF TEXAS My Commission Expires: q - i -,ja I
„E I0#125381736
.
.� I:II Gahm.Exp.Se .12,2021
Hold Hornless Agreement
Page 3 of 4
r
DUPLICATE
ORIGINAL
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared
Ruslah Kmixvtaia) , known to me (or satisfactorily proven) 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 Millenium at
Hometown, LLC, for the same purposes and considerations therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 14 day of
Apt , 20zb
Ica c
NOTARN PUBLIC, STATE OF TEXAS
Printed Name: Kathleen Clarke
My Commission Expires: Uul1/2 22, 202z
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
DUPLICATE
ORIGINAL
I LAIM DE
ED
QUITCLAIM
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 August 27, 2013 and filed of record as Instrument No. D213226845
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.
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 Millennium at Hometown, LLC., 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:
The property shown and described on Exhibit A attached hereto and
incorporated herein, such property also being a fire lane, access, drainage
and water easement conveyed to the City, an easement filed of record as
Instrument No. D213226845 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.
DUPLICATE
ORIGINAL
Executed this 13th day of April, 2020.
CITY OF NORTH RICHLAND HILLS
By:
Oscar evino, M
ATTEST: ‘Ci C 1.94.
Alicia Richardson?City Secretary;c
v S - `o
%°"'t°$CKNOWLEDGMENT
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 oniLday of din- / , 2020.
.5.5�1M.TRACI HENDERSON �K.z-ad2_,
a3 - Notary Public
Nq ° STApTE o3817x S Notary Public in and for the State of Texas
St.�n'a i,n.Cor,rn.Exp..SgP..12,.29 9 -/� -a0c97
- -- - -- - - My Commission expires:
Return to:
City Secretary
City North Richland Hills
4301 City Point Drive
North Richland Hills, Texas 76180
Exhibit A Page 1 of 6
DUPLICATE
ORIGINAL
CITY OF NORTH RICHLAND HILLS, TEXAS
FIRE LANE, ACCESS, DRAINAGE, &WATER EASEMENT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT
That I/we, HM.t1CA.&in Orbcn Tr41tiw-r5, L` I. ,as Seller(s),
for and in
consideration
of the agreed purchase price of Ten Dollar(s)
($ 10 — ) 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 1) fire lane, 2) public access for vehicular and pedestrian use, 3) public
drainage facilities, including underground conduits and overland flumes or swales with
unrestricted surface access for relief flow, 4) public water line facilities including
underground conduits,and said perpetual easement being described by metes and bounds
on Exhibit "A" and shown by plat on Exhibit "B". Both Exhibit "A" and Exhibit "B" are
attached hereto and made a part hereof.
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.
Executed this the day of (2Cenn)ot r ,A.D., 2012.
M v4c k m Urk 'n ??4rs,Ltd.
Ili
SELLER(S)&cn4e drat &s. of tie
Found Rae-
Pagel of 2 PW24ORAN.E AS
*ACS/TRC+ TARRANT Doc: 000226845 Date: 08/27/2013 Vol: 0000000 Page: 00000 Page: 1 08 6
Quitclaim Deed-Ordinance 3643
Page 1 of 6
Exhibit A Page 2 of 6
DUPLICATE
ORIGINAL
ADDRESS OF GRANTEE:
City of North Richland Hills
7301 N.E. Loop 820
N. Richland Hills, Texas 76180
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on this the it& day of
` er0 w.h2r ,A.D., 2012 by 1.a...e4 't4 Afcbt:e 7C ac
tkewthown Urban L-4 c&a 5 , C-Fcl.
G 1 IlltL�_
Notary Public, State of Te 14
Commission Expires: Notary's Printed Name:
1114 //y o2 Ct nAb It
�?"°A't TORI CHUMBLEY
'..' 1 Notary Public,State of Texas
;� ;,q My Commission Expires
w,,,,o November 04, 2014
Page 2of2
4ACS/TRC4 TARRANT Doc: 000226845 Date: 08/27/2013 Vol: 0000000 Page: 00000 Page: 2 Of 6
Quitclaim Deed-Ordinance 3643
Page 2 of 6
Exhibit A Page 3 of 6 DUPLICATE
_( RIGINAL
LEGAL DESCRIPTION
BEING a tract of land situated in the city of North Richland Hills, Tarrant
County, Texas, out of the Landon C. Walker Survey, Abstract No. 1652, being part
of a 28.586 acre tract of land conveyed to RCC Hometown Apartments, Ltd.
according to the deed recorded in Clerk's File Number D207420504, Deed Records,
Tarrant County, Texas, and being more particularly described by metes and bounds
as follows;
COMMENCING at a 5/8° iron rod set with plastic cap stamped 'R.P.L.S. 5199°,
being in the south line of said 28.586 acre tract, being the southeast corner of
a 13.3136 acre tract of land conveyed to Dolce Living Hometown LLC as recorded
in County Clerk's File No. D212132147, Deed Records, Tarrant County, Texas, and
being in the north line of a tract of land conveyed to Texas Electric Service
Company as recorded in Volume 2844, Page 281, Deed Records, Tarrant County,
Texas;
THENCE, along the east line of said 13.3136 acre tract, North 03 degrees 09
minutes 11 seconds East, a distance of 198.48 feet to a 5/8' iron rod set with
plastic cap stamped 'R.P.L.S. 5199', being in the southeast line of said 13.3136
acre tract;
THENCE, along the southeast line of said 13.3136 acre tract, North 48 degrees 09
minutes 12 seconds East, a distance of 229.45 feet to the POINT OF BEGINNING;
THENCE, continuing along said southeast line, North 48 degrees 09 minutes 12
seconds East, a distance of 30.10 feet to the beginning of a non-tangent curve
to the right;
THENCE, departing said southeast line, along said curve to the right, through a
central angle of 63 degrees 46 minutes 08 seconds, a radius of 46.00 feet, an
arc length of 51.20 feet, a chord bearing of South 28 degrees 43 minutes 53
seconds East and a chord distance of 48.60 feet;
THENCE, South 03 degrees 09 minutes 11 seconds West, a distance of 36.25 feet to
the beginning of a curve to the left;
THENCE, along said curve to the left, through a central angle of 90 degrees 00
minutes 00 seconds, a radius of 20.00 feet, an arc length of 31.42 feet, a chord
bearing of South 41 degrees 50 minutes 49 seconds East and a chord distance of
28.28 feet;
THENCE, South 86 degrees 50 minutes 49 seconds East, a distance of 55.10 feet;
THENCE, South 03 degrees 09 minutes 11 seconds West, a distance of 26.00 feet;
THENCE, North 86 degrees 50 minutes 49 seconds West, a distance of 55.10 feet to
the beginning of a curve to the right;
THENCE, along said curve to the right, through a central angle of 90 degrees 00
minutes 00 seconds, a radius of 46.00 feet, an arc length of 72.26 feet, a chord
bearing of North 41 degrees 50 minutes 49 seconds West and a chord distance of
65.05 feet;
THENCE, North 03 degrees 09 minutes 11 seconds East, a distance of 36.25 feet to
the beginning of a curve to the left;
THENCE, along said curve to the left through a central angle of 92 degrees 44
minutes 04 seconds a radius of 20.00 feet an arc length of 32.37 feet a chord
bearing of North 43 degrees 12 minutes 51 seconds West and a chord distance of
28.95 feet to the POINT OF BEGINNING and containing 4,799 square feet or 0.1102
acres of land more or less.
EASEMENT EXHIBIT 81,E P1aon Parkway
PART OF 28.586 ACRE TRACT suite 117
(C.C.F.NO.D207420504,D.R.T.C.T.) "` Plano,Texas 75074
LANDON WALKER SURVEY,ABSTRACT NO. 1652IF (972)424-7002 Voice
ga
CI
TY OF NORTH RICHLAND HILLS,TEXAS (972)633-1702 Fax
o uIt'. t . he. www.SurvcyConsulsantsInc.Com
Date: 12/17/2012 Project No. 1217907
SHEET; OF 2
.ACS/TRC* TARRANT Doc: 000226845 Date: 08/27/2013 Vol: 0000000 Page: 00000 Page: 3 Of 6
Quitclaim Deed-Ordinance 3643
Page 3 of 6
Exhibit A Page 4 of 6
DUPLICATE
LEGEND
QRIGINAL
O 75' 150' 112' I.R.F.C. 1/2' IRON ROD FOUND WITH PLASTIC
CAP STAMPED 'JPH'
SCALE: I'=150' 5/8' I.R.S. 5/8' IRON ROD SET WITH PLASTIC
CAP STAMPED 'R.P.L.S. 5199'
BASIS OF BEARINGS (CM) CONTROLLING MONUMENT
EASY LINE OF 13.3138 ACRE TRACT C.C.F. NO. COUNTY CLERK'S FILE NUMBER
N OS'09'11'E D.R.T.C.T. DEED RECORDS, TARRANT COUNTY, TX.
(C.C.F. NO. D212192147, D.R.T.C.T.) I.P.F. IRON ROD FOUND
P.R.T.C.T. PLAT RECORDS, TARRANT, COUNTY, TX
PG. PAGE
NUMBER DIRECTION DISTANCE P.O.B. POINT OF BEGINNING
LI N 48°09'12' E 30.10' P.D.C. POINT OF COMJENCING
VOL. VOLUME
L2 S 03°09'11' W 36.25'
L3 S 86°50'49' E 55.10' NO. DELTA RADIUS LENGTH CHORD BEARING CHORD
L4 S 03°09'11' W 26.00' C1 63°46'O8' 46.00' 51.20' S 28°43'53' E 48.60'
L5 N 86°50'49' W 55.10' C2 90°00'00° 20.00' 31.42' S 41°50'49' E 28.28'
L6 N 03°09'11' E 36.25' C3 90°00'00' 46.00' 72.26' N 41'50'49' W 65.05'
C4 92°44'04' 20.00' 32.37' N 43°12'51' W 28.95'
— — i
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474
este
13.3136 ACRES \ °4<41
DOLCE LT71NG HOMETOWN, LLC \ 41ke'0 A
(C.C.F. NO. D212132147, D.R.T.C.T.) \Ati,
s
.09 ,pNI" \'4r
P.C.B. +w 1�. FIRE LANE, ACCESS, \V
DRAINAGE & WATER \
�'� P� EASEMENT /j\\
At* P 1 4,799 50UARE FEET
,L•y_ v� In 0.1102 ACRES
•4/. I LO`L3 \
,09,// OJ` * 288�98 ACRES R OF \
lel
L5RCC EN S, LT \APARTM107TS, LTD.
oRS (C.C.P. NO. D207420504,iz D.R.T.C.T.) 2.0370 ACRES
U
•
p co 20.5' SANITARY SEWER EASEMENT APARTMENTS,R LTD.
w Qlij (VOLUME 9854, PAGE 1841, D.R.T.C.T. (C.C.F. NO. D207402526,
F •I� (VOLUME 9858, PAGE 395, D.R.T.C.T.I— I D.R.T.C.T.)
W a
_ o2 1 _
00
P.O.C. TEXAS ELECTRIC SERVICE COMPANY
(Q) (VOLUME 2844. PAGE 281, D.R.T.C.T.) — — — —
16.71 ACRES
CITY OF NORTH RICHLAND HMS
(VOLUME 10980, PAGE 328, D.R.T.C.T.)
EASEMENT EXHIBIT 811 E.Plano Padcway
PART OF 28.586 ACRE TRACT suite 117
(C.C.F.NO,D207420504,D.R.T.C.T.) °` Plano,Texas 75074
LANDON WALKER SURVEY,ABSTRACT NO. 1652 � (972)424-7002 Voice
CITY OF NORTH RICHLAND HILLS,TEXAS , r�vr (972)633.1702 Fax
C�
Date: 12/17/2012 Scale: 1'=150' Project No. 1217907 Consultants. (r1L, WWW.SurveyCDaswao1S1nc.Cam
SHEET 2 OF 2
°ACS/TIC. TARRANT Doc: 000226845 Date: 08/27/2013 Vol: 0000000 Page: 00000 Page: 4 Of 6
Quitclaim Deed-Ordinance 3643
Page 4 of 6
Exhibit A Page 5 of 6 DUPLICATE
EXHIBIT"B" ORIGINAL
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*ACS/TRC• TARRANT Doc: 000226845 Date: 08/27/2013 Vol: 0000000 Page: 00000 Page: 5 Of 6
Quitclaim Deed-Ordinance 3643
Page 5 of 6
Exhibit A Page 6 of 6
DUPLICATE
ORIGINAL
MARY LOUISE GARCIA .:
COUNTY CLERK :
s 100 West Weatherford Fort Worth,TX 76196-0401
» PHONE(817)884-1195
CITY OF NORTH RICHLAND HILLS
7301 NE LOOP 820
NRH, 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: 8/27/2013 10:03 AM
Instrument#: D213226845
E 6 PGS $32.00
ettzed eIccu c..t�
By:
D213226845
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.
•ACS/TRC* TARRANT Doc: 000226845 Date: 08/27/2013 Vol: 0000000 Page, 00000 Page: 6 Of 6
Quitclaim Deed-Ordinance 3643
Page 6 of 6
MARY LOUISE NICHOLSON
27
COUNTY CLERK 100 West Weatherford Fort Worth, TX 76196-0401
PHONE (817) 884-1195
CITY OF NORTH RICHLAND HILLS
4301 CITY POINT DR
NORTH RICHLAND HILLS, TX 76180
Submitter: CITY OF NORTH RICHLAND
HILLS
DO NOT DES TROY
WARNING - THIS IS PART OF THE OFFICIAL. RECORD.
Filed For Registration: 5/4/2020 11:25 AM
Instrument#: D220100785
OPR 38 PGS $163.00
By.
D220100785
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.