Loading...
HomeMy WebLinkAboutOrdinance 3651 ORDINANCE NO. 3651 AN ORDINANCE VACATING AND ABANDONING A PORTION OF MID-CITIES BOULEVARD RIGHT-OF-WAY PREVIOUSLY CONVEYED TO THE CITY; DECLARING THAT SUCH RIGHT-OF- WAY IS NO LONGER NEEDED FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED RELEASING AND ASSIGNING THE RIGHT-OF-WAY 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 March 13, 2003, a strip of right-of-way was granted to the City, which such right-of-way was filed of record as Instrument D203164728 and in the Plat Records of Tarrant County, Texas, Cabinet A, Slide 8327; and WHEREAS, the current property owner, Centerpoint Community Baptist Church ("Developer") is planning to expand its facilities on the adjacent property, 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 right-of-way; and WHEREAS, in order to remove any question as to the continued interest in the right-of-way or the City's intention to relinquish its rights in the right-of-way, the City desires to execute a quitclaim deed releasing and assigning all title and control in said right-of-way to the owners of the fee estate on which the right-of-way 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 right-of-way conveyed to the City on or about March 13, 2003 filed of record as Instrument No. D203164728 of the Plat Records of Tarrant County, Texas, and as shown and described NRH Ordinance No.3651 Page 1 of 4 on Exhibit "A" attached hereto and incorporated herein. The existing right-of-way to be abandoned is shown and depicted on Exhibit "A." SECTION 3: The purpose of vacating and abandoning the portion of the existing right- of-way is to allow the Developer to build a parking lot and landscape features across a portion of the right-of-way which is no longer needed. SECTION 4: The City Council finds that the existing right-of-way that is to be abandoned is no longer needed for public use. SECTION 5: The property described as a 14' wide section of land containing 4,331 square feet (0.099 acres), and further described in Exhibit "A" shall be conveyed to the owner of property, Center Point Community Baptist Church conditional upon the construction of a public sidewalk located within the remaining Mid-Cities Boulevard right-of-way to replace the sidewalk which exists within the proposed abandonment. SECTION 6: 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 right-of-way to the current owner of the fee estate on which the right-of-way is located. SECTION 7: 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 right-of-way, 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 right-of-way shall run with the land and be binding on all successors and assigns of the fee estate. SECTION 8: 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 9: 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. NRH Ordinance No.3651 Page 2 of 4 SECTION 10: 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. SECTION 11: 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 12: This Ordinance shall be in full force and effect from and its passage. AND IT SO ORDAINED. PASSED AND APPROVED on this 8th day of June, 2020. CITY OF T I HLAN HILLS By: Oscar Trevino yor ATTEST• Olo,:m1,C 1Fj' ,ti ioo Alicia Richardson, Cityt;Weeretaryh �+•.. ammunnianoll NRH Ordinance No.3651 Page 3 of 4 APPROVED AS TO FORM AND LEGALITY: .1 aleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Ay Caro ine Waggoner, Di for of Public Works NRH Ordinance No.3651 Page 4 of 4 EXHIBIT 'A' SHEET 1 OF 2 RIGHT-OF-WAY ABANDONMENT MID CITIES BOULEVARD Being that certain 4,331 square feet (0.099 acre) tract of land situated in the John H. Barlough Survey, Abstract No. 130, City of North Richland Hills, Tarrant County, Texas, and being a portion of Mid Cities Boulevard (variable width right—of—way) per right—of—way dedication recorded in Cabinet A, Slide 8327, Official Public Records, Tarrant County, Texas; BEGINNING at a 1/2 inch iron rod set with "Peiser & Mankin SURV' red plastic cap (hereinafter referred to as 1/2 inch iron rod set) for the southeast corner of the herein described tract, same being in the north line of Lot 1, Block 1, Center Point Addition, an addition to the City of North Richland Hills, Tarrant County, Texas, according to the plat thereof recorded in Cabinet A, Slide 8327, Plat Records, Tarrant County, Texas, same being the northwest corner of that certain tract of land conveyed to City of North Richland Hills, by deed recorded in Instrument Number 0216020775, Official Public Records, Tarrant County, Texas, same being in the southerly right—of—way line of said Mid Cities Boulevard; THENCE along the common line of said Lot 1 and said Mid Cities Boulevard as follows: South 89 deg. 38 min. 01 sec. West, a distance of 7.57 feet to a 5/8 inch Iron rod with yellow "RPLS 5819" cap found for the beginning of a curve to the left, having a radius of 1131.00 feet and a central angle of 15 deg. 32 min. 50 sec.; Along said curve to the left, an arc distance of 306.90 feet and a chord bearing and distance of South 81 deg. 51 min. 36 sec. West, 305.96 feet to a 5/8 inch iron rod with yellow "RPLS 5819" cap found for the southwest corner of the herein described tract, same being the most westerly southwest corner of aforesaid right—of—way dedication; North 15 deg. 54 min. 49 sec. West, a distance of 14.00 feet to a 1/2 inch iron rod set for the northwest corner of the herein described tract, same being a north corner of said Lot 1, same being the beginning of a non—tangent curve to the right, having a radius of 1145.00 feet and a central angle of 15 deg. 13 min. 34 sec.; THENCE along said non—tangent curve to the right and through the Interior of said Mid Cities Boulevard, an arc distance of 304.28 feet and a chord bearing and distance of North 81 deg. 41 min. 58 sec. East, 303.38 feet to a 1/2 inch iron rod set for the northeast corner of the herein described tract; THENCE South 45 deg. 22 min. 50 sec. East, continuing through the interior of said Mid Cities Boulevard, a distance of 19.78 feet to the POINT OF BEGINNING and containing 4,331 square feet or 0.099 acre of computed land, more or less. The undersigned, Registered Professional Land Surveyor, hereby certifies that this legal description accurately sets out the metes and bound e easement tract described. rG F r TIMOTHY R.MAN ' ........6122 . ..................... �OFess�o,. JOB NO.: 19-0503 PEISER & MANKIN10" e DATE: 10/17/2019 SURVEYING, LLC TIMOTHY R. KI Registered Professional LandSurveyor No. 6122 REVISION 03/12/2020 • www.peisersurvevping.eom Texas �s Ms NOT TO SCALE FIRMIRM xo. loose oa Profes ty of ional 1604 HART STREET Surveyors X LLC SOUTHLAKE, TEXAS 76092 DRAWN: J.B.W. 817-481-1806 (0) COMMERCIAL • RESIDENTIAL BOUNDARIES • TOPOGRAPHY Ordinance No 3851 Member Since 1977 MORTGAGE Exhibit A Page 1of 2 LEGEND EXHIBIT CAI SHEET 2 OF 2 YCIRF — Iron Rod Found with Yellow Cap RIGHT—OF—WAY ABANDONMENT O.P.R.T.C.T. — Off 01 PublicRecords TeMID CITIES BOULEVARD of Tarrant County Texas P.R.T.C.T. — Plat Records of Tarrant County Texas INST. NO. — Instrument Number CAB. — Cabinet P08 — Point of Beginning R= 4 ' TIES BOULEVARD R=111145.0.00' MID CI S4522'50"E I D=15'13'34• (A VARIABLE WIDTH 19.78' RIGHT—OF—WAY) / CB=N81'41'58"E RIgCAB. AWAY D 327 CD=303.38' CAB. A, SLICE 8327 O.P.R.T.C.T. 14.0' — , N15'54 49 W ... -.ii..�-�1������������ •n������������������ 14.00' . ��������� ���i�i���.���s���1..•' •♦�♦�•�•.�. 1 �. .�.�.5/8. QRF•, _ I %♦yv,.� .� � a...l 'RPLS 5519. .00i�ii�i'00 A. at " m -' t� •���w�� . RIGHT-OF-WAY S89'38 01 W ��.ye• L=306.90' ABANDONMENT 7.57' A 5/B' YCIRF R=1131.00' 4,331 SQ. FT. / file m 'RPLS 5819' " OR 0.099 ACRE CENTERPOINT COMMUNITY D=15'32 50 BAPTIST CHURCH TO 0 CB=S81'S1'36"W CITY OF NORTH RICHLAND HILLS j E NOTES: CD=305.96' REMAINDER OF INST. NO. D21 8 0 207 75 f LOT 1, BLOCK 1 0.P.R.T.C.T. �� 1. YCIRF — Iron Rod Found with Yellow Cap CENTER POINT ADDITION 2. No improvements have been shown. CAB. A, SLIDE 8327 Basis of Bearing — Based on the South P.R.T.C.T. line (South 89 deg. 22 min. 03 sec. West) of Lot 1, Block 1, Center Point Addition, an Addition to the City of North Richland GRAPHIC SCALE The undersigned, Registered Hills, Tarrant County, Texas, according to Professional Land Surveyor, hereby the plat thereof recorded in Cabinet A, 0 20 ao Slide 8327, Official Public Records of I certifies y that thiso pith of survey Tarrant County, Texas. accurately sets o the metes and bounds of t t tract JOB NO.: describe �E OF T 19-0503 PEISER & NANKIN ( IN FEET ) 5�?�;sTFq Teti DATE: 10/17/2019 SURVEYING, LLC 1 inch = 40 ft. :�o REVISION 03/12/2020 iMo "" NI TIMOTHY R.MANION www.peisersurveying.com Texas �M� SCALE: 1" = 40' FIRM NO. 100999-00 Societyional �S :9 6122 P; 1604 HART STREET Surveyors ay � 'OFessla ' SOUTHLAKE, TEXAS 76092 COMMERCIAL I RESIDENTIAL \0°� DRAWN: J.B.W. 817-481-1806 (0) Ordinance No.3651 BOUNDARIES • TOPOGRAPHY TIMOTHY R. MANKIN Exhibit A Member Since 1977 MORTGAGE Registered Professional Land Surveyor No. 6122 Page 2of 2 ""' s City Secretary Office Exhibit B Page 1 of 3 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 Centerpoint Community Baptist Church ("Developer"), a Texas Non-Profit Corporation, individually referred to as a "party" and collectively referred to as the "parties." RECITALS On or about March 13, 2003, a strip of right-of-way (the "right-of-way") was granted to the City, which such right-of-way is filed of record as Instrument No. D203 1 6472 8 of the Tarrant County Plat Records. By Ordinance No. 3651, approved on June 8, 2020, the City Council vacated and abandoned in- place a portion of the Right-of-way and determined that the public would be better served and benefited by relinquishing its right to a portion of the Right-of-way and releasing and assigning, by quitclaim deed, all title and control in a portion of the Right-of-way to Developer, who is the owner of the fee estate on which the Right-of-way is located. The Developer has agreed to release the City from all liability related to the vacating and abandonment of a portion of the Right-of-way. AGREEMENT 1. The parties acknowledge and agree that the City has agreed to abandon a portion of the Right-of-way for the purpose of allowing Developer to construct private improvements, including parking stalls and landscaping, in the previously dedicated Right-of-way. 2. The portion of the Right-of-way to be abandoned shall be abandoned in-place, and in accordance with industry standards and best practices, Developer shall construct sidewalk parallel to Mid-Cities Boulevard and outside the abandoned portion of right-of-way. Upon completion, and inspection by the City, such portion of the Right-of-way shall be considered abandoned. 3. Developer shall pay all costs and expenses associated with or related to abandoning a portion of the Right-of-way in-place and installation of the new public sidewalk. 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 RIGHT-OF-WAY AND INSTALLATION OF A NEW SIDEWALK. 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 Hold Harmless Agreement Page 1of3 Atea, ��"° City Secretary Office Exhibit B Page 2 of 3 r " Official Record Copy 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 RIGHT-OF-WAY. 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: CEN " ' '0 NT COMMUNITY B 'TIST 'HURCH, IEVELI 'E !,• i By: J �h By: EL 10 Mark Hindman, City Manager Na t,e: J VV, eg+''"-m t-f r..— —� Titl-: „conic, l7r-s�r - Date: c )T. J J.•1 ii epi X n ,.� ,< w tO. Date: Li I1I ATT,EST: , s Et! f ;<< Alicia Richardson,W@cretay;d'rt-o -Pd.. unoo\\`\ APPROVED TO FORM AND LEGALITY: Maleshia McGinnis, City Attorney [Remainder of page intentionally left blank] Hold Harmless Agreement Page 2 of 3 gtel City Secretary ©mice Exhibit B Page 3 of 3 �` %" Glacial 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE, th•is at this day of j,tfi , 2020. ( ,PF=ya TRACT HENDERSON NOTARY PUBLIC STATE OF TEXAS Notary Public ( 9y'�;'Wei*, STATE OF TEXAS Printed Name: /V&u• gQenaaei3on `.:4_, �7 ID4125381736 My Commission Expires: % -/.Z -2049-/ vys rnm.Exp.se .12,2oz THE STATE OF TEXAS § COUNTY OF TARRANT § 1 Before me, the undersigned authority, on this day personally appeared Jitti es- STu$er 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 Centerpoint Community Baptist Church, and that he executed the same as the act of Centerpoint Community Baptist Church, for the purposes and considerations expressed in the foregoing instrument. �IVEN UNDER MY HAND AND SEAL OF OFFICE, this day of V�� , 2020. ., l P Manna RTom1� NOTARY PUBLIC, STATE OF TEXAS NM Convittitan I Printed Name: ItA\c(USsa •e Torres • 08/1012+a+021 io No. zaa820 My Commission Expires: g —le-2021 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 "°;\ City Secretary Office aVSF 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 a portion of the right-of-way shown and described in Exhibit A, attached hereto and incorporated herein which was conveyed to the City on or about March 13, 2003 by plat and filed of record as Instrument D203164728 and in the Plat Records of Tarrant County, Texas, Cabinet A, Slide 8327, that the public would be better served and benefitted by vacating and abandoning a portion of the existing right-of-way to support future development of the adjacent property. Therefore, said right-of-way 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 right-of-way. 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 Centerpoint Community Baptist Church, and its successors and assigns, including subsequent mortgagees, or fee simple owners of the property subject to the right-of-way, 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 strip of right-of-way conveyed to the City by plat, as Instrument No. D203164728 and recorded at the Plat Records of Tarrant County, Texas, Cabinet A, Slide 8327. 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 right-of- way that is not included as a part of the vacated and abandoned right-of-way. Executed this the g - day of 07014.i , 2020. rnCity Secretary Office Official Record Copy CITY OF NORTH RICHLAND HILLS By: Oscar Tre ino yor ATTEST: • :u ;\C :((v.1a „k f 114 l';a/ r :eta Alicia Richardson, CitjSecretaryh ,Ay le dCKNOWLEDGMENT 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 of \1 , 2020. zofi 44 TRACI HENDERSON C �/ u c-' A- L(_ � Notary Public Notary Public in and for the State of Texas ?CA STATE CFTEXAS ?a<,•-9,f ID8125391736 fpgf d• My Comm.Exp.Se .12,2021 My Commission expires: 9— 1)- -Dead Return to: City Secretary City North Richland Hills 4301 City Point Drive North Richland Hills, Texas 76180 • ., j•'¢'.• rya: MARY LOUISE NICHOLSON :I 4 •;it i COUNTY CLERK v:- 100 West Weatherford Fort Worth, TX 76196-0401 \t r "j 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 DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 7/2J2020 2:54 PM Instrument#: D220156770 OPR 12 PGS $59.00 M1ta=., i)I x,.u..� By: • D220156770 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.