HomeMy WebLinkAboutOrdinance 3659 ORDINANCE NO. 3659
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, VACATING AND ABANDONING IN-
PLACE A PORTION OF A WATER LINE 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 May 18, 2016, a water line easement was granted to the City,
which such easement is filed of record as Instrument No. D216158176 of
the Tarrant County Deed Records; and
WHEREAS, the current property owner, Birdville Independent School District ("BISD" or
"Developer") is proposing to make modifications to the Smithfield Middle
School building, and is requesting that a portion of an existing water line be
removed, and after careful study and consideration, the City Council has
determined that the public would be better served and benefited by
vacating and abandoning a portion of the existing easement (depicted and
described in Exhibit "A" herein); 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 CityCouncil herebyfinds the recitals above to be true and correct,
and such recitals are hereby incorporated into this Ordinance as if written
herein.
SECTION 2: The City Council finds that the public would be better served and benefited
by the vacation and abandonment of a portion of the water line easement
conveyed to the City on or about May 18, 2016 filed of record as
NRH Ordinance No. 3659
Page 1 of 4
Instrument No. D216158176 of the Tarrant County Deed Records, and as
shown and described on Exhibits "B" attached hereto and incorporated
herein.
SECTION 3: The purpose of vacating and abandoning the portion of the existing
easement is to allow the Developer to build a structure across a portion of
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 a portion of the above-described easement to
the current owner of the fee estate on which the easement is located.
SECTION 6: The current owner of the fee estate shall agree to release the City from
any and all liability 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, to the extent permitted by
law, 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, but only to the extent
set forth in the agreement executed and attached hereto as Exhibit "C."
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
NRH Ordinance No.3659
Page 2 of 4
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 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 27th day of July, 2020.
CITY ORTH CHLA HILLS
By:
oti nllimrri - Oscar i ayor
ATTEST:
ce;• fl
_z.� r ice;
• I 1
Alicia Richardson, Chet.
�4Oi 0 rrr* n�t��������
APPROVED AS TO FOR AND LEGALITY:
Ma eshia B. McGinnis, City Attorney
NRH Ordinance No. 3659
Page 3 of 4
APPROVED AS TO CONTENT:
6,Lat .i. ft/
Caroline Waggoner, lie-ctor of Public Works
NRH Ordinance No. 3659
Page 4 of 4
EXHIBIT"A"
"15' WATER EASEMENT VACATION"
Being 1,825 square feet of land situated in Block 1, Sunnybrook School Addition, an
addition to the City of North Richland Hills, Tarrant County, Texas, as filed in Volume
388-95,Page 43,Plat Records of Tarrant County,Texas(P.R.T.C.T.),and being a portion
of a tract of land described in deed to Birdville Independent School District,according to
the deed filed in Volume 5273, Page 513, Deed Records of Tarrant County, Texas
(D.R.T.C.T.);and being more particularly described by metes and bounds as follows:
COMMENCING at a 1/2 inch iron rod found at the intersection of the south Right-of-Way
(R-O-W) line of Main Street(60' in width per plat),with the east R-O-W line of Marlette
Court(50' in width per plat), also being the northeast corner of Lot 1,Block 7, Glenann
Addition,an addition to the City of North Richland Hills,Tarrant County,Texas,as filed in
Volume 388-82,Page 42,P.R.T.C.T.;
THENCE S 89°27'16"W,along the south R-O-W line of said Main Street,passing along
the north line of said Lot 1, and said Block 7, a distance of 575.76 feet to the northeast
corner of a 15' water easement,as recorded in Instrument#D216158176,D.R.T.C.T., for
the POINT OF BEGINNING of the hereinafter described tract of land; and from which
the northwest corner of said Block 7,bears N 89°27'16"E,a distance of 450.76 feet;
THENCE over and across said Block 7, along the perimeter of said 15'water easement,
the following courses and distances;
S 38°19'24"W,along the east line of said easement,a distance of 127.72 feet to the
south corner of said easement;
N 51°40'36" W, along the south line of said easement, a distance of 15.00 feet to
the west corner of said easement;
N 38°19'24" E, along the west line of said easement, a distance of 115.63 feet to
the northwest corner of said easement in the north line of said Block 7,also being in
the south R-O-W line of said Main Street;
THENCE N 89°27'16" E, along the north line of said easement, the north line of said
Block 7,and along the south R-O-W line of said Main Street,a distance of 19.27 feet to the
POINT OF BEGINNING and containing 1,825 square feet or 0.042 of an acre of land.
kEOFT `
July 8,2019 /'..•::••..•'...""'"'"" ""''>
•
THERON W.SIMS
Theron W.Sims,R.P.L. ••;•j•••••••-
Texas Registration No.58 7 •go�5 i
887 at
ss� --
Surveyed on the ground July 3,2019 VstOltst
°
1. Bearings of lines shown hereon refer to Grid North of the Texas Coordinate System of 1983
(North Central Zone; NAD83(2011) 2010.00) as derived locally from Western Data Systems
Continuously Operating Reference Stations(CORS)via Real Time Kinematic(RTK)methods.
An average Combination Factor of 1.00014769446 was used to scale grid coordinates and
distances to surface.
2.Integral parts of this survey:
a.Legal Description
b.Sketch
Sheet lof 2
VLK 18477
Ordinance No.3659-Exhibit A
Page 1 of 2
22 I 21 I 20 I 19 I 18 1 17 BLKI 4 16 I 15 I 14 I 13 I 12 j I 20 GLENANN ADDITION 1
I I I I I GLENANN ADDITION I I I I I FTr�•I VOL. 388-77, PG. 47 1
1 I I I I I VOL. 388-77, PG. 47 l I I I I l P.R.T.C.T. I
�rI
-- I --- ----I -- I ---I-- P.R.1.T. — 1__——� — ---- ] --I---_]c I�--—-_ I 1..0.c L
MAIN l i 5/8"IRF
1-----—————————————— (60' R—D—W PER PLAT) — (CONTROL MON.)
L4 _S89'2T16"W, 575.76' __
..IV I-- 1-------N89'27'16"E, 450.76----- 1 r
----------�— 15'x2o' 1 S00'18'29"E V I
�+ �( v WATERLINE ESMT.. I —_�I I
"' 79.97'
fi;i:' \ Ei2; iT58176(F DIRECTIONAL
EST%7 CONTROL —— W
• //.',�`,. 1 I �7
Tr� Y� .0.B) 5/8'IRF I 14 0 l
i!, � (CONTROL MON.) 2 �i�
15' WATER ESM7. VACATION ——_
(INST. D2 16158176, T.
IJ #
D.R. C.T.) I I
SCALE: 1"=100' (1,825 S.F.) 3 go
~— Z CO�2 I t\
Li 12i CI:
SUNNYBROOK SCHOOL ADD'N. I 4 0 VOL. 388-95, PG. 43 '
Line Table P.R.T.C.T. I /
•
Line # Direction Length BIRDVILLE I.S.D.
VOL. 5273, PG. 513
L1 S38'19'24"W 127.72' D.R.T.C.T.
LOT BM 7
L2 N51'40'36'W 15.00' alai.) D �• aa42
VOL 3118-62 PO.
rn7.cr.
L3 N38'19'24"E 115.63' `
THERON W. SIMS, R.P.L. .
L4 N89'27'16"E 19.27' TEXAS REGISTRATION NO. 887
OF
.E..5TEA r l)N earl EXHIBIT B
Date: July 8, 2019 ,•14.-\s TEA: 9 1)Bearings of lines shown hereon refer to Grid North of the �� ��
�: :0 Texas Coordinate System of 1983 (North Central Zone; 15' WATER EASEMENT
Surveyed on the ground NAD83(2011) 2010.00) as derived locally from Western
July 3, 2019 THERON W. SIMS., Date Systems Continuously Operating Reference Stations
Y
s. An
.. 5887 �P: average Combination Factor of 1.(CORS) via Real Time 0001476tic 9446) wags used to VACATION
14,'�;f s S •'O� scale grid coordinates and distances to surface.
° SURN�y Situated in Block 1,Sunnybrook School Addition,an
teague nail & perki n s 2)Integral parts of this survey. addition to the City of North Richland Hills,Tarrant
a.Legal Description
• a:. 5237 N.Riverside Drive,Suite 100 b.Sketch County, Texas, as filed in Volume 388-95, Page 43,
Fort Worth,Texas 76137
Plat Records of Tenant County,Texas.
f^ja t rl.ix tn
817.336.5773 ph 817.332.7756 fx
♦ k ~'1J www.tnpine.com/TBPLS Registration No.100116.00 JOB No. VLK 18477 SHEET 2 OF 2 J
Ordinance No.3659 Exhibit A Page 2 of 2 .
• 0ORDINANCE NO. 3659 EXHIBIT "B"
CITY OF NORTH RICHLAND HILLS, TEXAS
WATER LINE EASEMENT
STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT §
That I/we, «ctv,(,.2 t �� ) , as Seller(s), for and in
consideration of the agreed purchase price of ten Dollar(s) ($10.00 )
and upon all of the terms and conditions hereof hereby grant, sell and convey to the City of
North Richland Hills, a municipal corporation of Tarrant County, Texas, as Buyer, a
perpetual easement for the purpose of constructing, using and maintaining public water line
facilities including underground conduits, 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 thereof.
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: None
To have and hold the same perpetually to the City of North Richland Hills and its
successors and assigns forever.
Executed this the 16 day of Ma. , A.D., 2908.ab%
\D
SELLER(S)
ADDRESS OF GRANTEE:
City of North Richland Hills
7301 N.E. Loop 820
North Richland Hills, Texas 76180
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged • - ore e on thi 1 e) da of
Ma , A.D., 2008. &DL ,
A AA tilI J a i
Notary Public, State o Texa
Commission Expires: Notary's Printed Name:
Dias q j act 1 E5 --Pa fry1Ao rrisor'
` PATRICE R MORRISON
'JL. Notary ID N 129813576
4 ,^1 My Commission Expires
May 9,2018 ' PW30WATR.EAS
Ordinance No.3659-Exhibit B
Page 1 of 6
EXHIBIT "A"
, 15 1 14 I 13
1 I I I r
I I BLOCK 4
GLENANN ADDITION
VOL. 388-77, PG. 47
P.R.T.C.T.
ck 15'X20' WATERLINE
ci GI
MAIN STREET BY SEPARATE
MENo
to (60' RIGHT-OF-WAY) INSTRUMENT
T
Z PLACE OF 1/2" IRE
I�
' "E oBEGINNING 75,a1b
3 58925'33"W 715.71' _ J -- ' -- i`,vU1/2" IRF 6.35.70 N_ 256, 2
(CM) Yt- sUN A -6 Rt4 N895' ' ,YzN�
W i µp 10 _\ F aO TpDY �pGN . 450.76'
ko
to
IN
I-1
o o
a kW 9pg tx ma��
w h \.1 ,-zeace
o �� �. BLOCK 1 ,I-z M
o ��. SUNNYBROOK SCHOOL ADDITION �'�
5 'a VOL. 388-95, PG. 43 o
m 1 q o P.R.T.C.T.
15' WIDE WATERLINE
a EASEMENT ,
w ; 0.042 ACRES
' (1,825 SQ. FT.)
,., r L3 h`'..,.:
`
o EASEMENT LINE TABLE
m yea`(b LINE BEARING DIST
3 5 8 IRF "
" ' L 1 N89 25 33 E 19.27
N NOTES: (CM) ' -—
u7 (1) ALL BEARINGS SHOWN HEREON ARE L2 53877'34'W 127.72'
o CORRELATED TO THE TEXAS STATE PLANE L3 N514228"W 15.00'
. COORDINATE SYSTEM, NORTH CENTRAL ZONE
0 4202, NAD OF 1983, AS DERIVED BY FIELD
5 OBSERVATIONS UTILIZING THE RTK NETWORK L4 N3877'34"E 115.63'
01 ADMINISTRATED BY WESTERN DATA SYSTEMS.
I- (2) THIS EXHIBIT WAS.PREPARED WITHOUT * L E G E N D *
¢ BENEFIT OF A CURRENT TITLE COMMITMENT.
"3 (3) THIS SURVEY WAS MADE ON THE GROUND
so FEBRUARY 15, 2016 UNDER THE DIRECT CM CONTROLLING MONUMENT
s- SUPERVISION OF AARON STRINGFELLOW, R.P.L.S. IRF IRON ROD FOUND
N NO. 6373. ......
N {4) REFER TO THE ACCOMPANYING FIELD NOTES 0 � 40 13 EASEMENT
7 ATTACHED HERETO AND MADE A PART THEREOF.
tel
o -
a NORTH RICHLAND HILLS
1 .
REV. DATE BY DESCRIPTION CHK. 8 I RDV I LLE I SD
SURVEYOR PREPARING THIS EXHIBIT: 15' WIDE WATERLINE EASEMENT
of
V 7/A WIER & ASSOCIATES, INC. CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS
U' 2201 W,IAR BLVD., SUITE 200E ARLINGTON,TEXAS 76006 METRO (817)467-7700 DRAWN BY:JLV 6 DATE 05-12-2d16 DWG. NO. REV.
Texas Firm Registration No. F-2776 www.WierAssociates.com CHECKED BY:Pi DATE:01-12-2016 1 OF 2
3 Texas Board of Land Surveying Registration No. 10033900 SCALE: 1"=40' APP0
Ordinance No.3659-Exhibit B
Page 2 of 6
•
EXHIBIT "A"
FIELD NOTES - DESCRIPTION
15' WIDE WATERLINE EASEMENT
BEING A TRACT OF LAND LOCATED IN THE TANDY K. MARTIN SURVEY, ABSTRACT No. 1055,
TARRANT COUNTY, TEXAS, BEING A PORTION OF BLOCK 1, SUNNYBROOK SCHOOL ADDITION, AN
ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, ACCORDING TO THE
PLAT RECORDED IN VOLUME 388-95, PAGE 43, PLAT RECORDS, TARRANT COUNTY, TEXAS
o (P.R.T.C.T.) AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
cV
BEGINNING AT A POINT IN THE NORTH LINE OF SAID BLOCK 1 AND THE SOUTH RIGHT-OF-WAY
LINE OF MAIN STREET (A 60' RIGHT-OF-WAY), FROM WHICH A 1/2" IRON ROD FOUND BEARS
SOUTH 89'25'33" WEST, A DISTANCE OF 715.71 FEET, SAID IRON ROD BEING THE INTERSECTION
Ix OF THE WEST RIGHT-OF-WAY LINE OF AMUNDSON ROAD (AN 80' RIGHT-OF-WAY) WITH THE
�„I SOUTH RIGHT-OF-WAY LINE OF SAID MAIN STREET;
THENCE NORTH 89'25'33" EAST, ALONG THE NORTH LINE OF SAID BLOCK 1 AND THE SOUTH
in RIGHT-OF-WAY LINE OF SAID MAIN STREET, A DISTANCE OF 19.27 FEET TO A POINT, FROM
WHICH A 1/2" INCH IRON ROD FOUND BEARS NORTH 75'54'16" EAST, A DISTANCE OF 256.62
FEET, SAID IRON ROD BEING THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF SAID
w MAIN STREET WITH THE WEST RIGHT-OF- WAY LINE OF SHERRI LANE (A 50' RIGHT-OF-WAY);
THENCE SOUTH 38'17'34" WEST, DEPARTING THE NORTH LINE OF SAID BLOCK 1 AND THE SOUTH
RIGHT-OF-WAY LINE OF SAID MAIN STREET, A DISTANCE OF 127.72 FEET TO A POINT, FROM
WHICH A 5/8" IRON ROD FOUND BEARS SOUTH 40'01'55" WEST, A DISTANCE OF 868.13 FEET,
m SAID IRON ROD BEING THE SOUTHWEST CORNER OF SAID BLOCK 1;
}
THENCE NORTH 51'42'26" WEST, A DISTANCE OF 15.00 FEET TO A POINT;
o THENCE NORTH 38'17'34" EAST, A DISTANCE OF 115.63 FEET TO THE PLACE OF BEGINNING AND
a CONTAINING 0.042 ACRES (1,825 SQUARE FEET) OF LAND, MORE OR LESS.
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THIS SURVEY WAS MADE ON THE GROUND UNDER THE DIRECT SUPERVISION-OFAARON L. STRINGFELLOW, R.P.L.S.
N NO. 6373, FEBRUARY 15, 2016. ALL BEARINGS RECITED HEREIN ARE CORRELATED TO THE TEXAS STATE PLANE
COORDINATE SYSTEM, NORTH CENTRAL ZONE 4202, NAD OF 1983. REFER TO THE ACCOMPANYING EXHIBIT
f ATTACHED HERETO AND MADE A PART HEREOF.
rn
a NORTH RICHLAND HILLS
N REV. DATE BY DESCRIPTION CHK, B I RDV I LLE I SD
a.
SURVEYOR PREPARING THIS EXHIBIT: I5 WIDE WATERLINE EASEMENT
cNI
V/IA WIER & ASSOCIATES, INC. CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS
Lo 2201 LAMAR BLVD., SUITE 200E ARLINGTON, TEXAS 76006 METRO 017)467-7700
DRAWN BY:KLV DATE:05-12-2016 DWG. NO. REV.
Texas Firm Registration No. F-2776 www.WierAssociotes.com CHECKED BY DATE:05-12-2016
Texas Board of Land Surveying Registration No. 10033900 SCALE:N/A APP, 2 OF 2
Ordinance No.3659-Exhibit B
Page 3 of 6
' EXHIBIT "A"
I 15 I 14 i 13
t I I I I
II BLOCK 4
GLENANN ADDITION
VOL. 388-77, PG. 47
P.R.T.C.T.
MAIN STREET 15'X20' WATERLINE
EASEMENT
oi (60' RIGHT—OF—WAY) 300 SQ. FT. .
0
T PLACE OF - -- 1/2" IRF
IA z BEGINNING N74 45'28"E
236.95'------ .................
Ix
W S89 25"33"W 735.26' _ L 1
�2" IRF 655.25' rN.......--
1NI_
q N
w �i 1 15' WIDE WATERLINE L3 t z cr
t EASEMENT N89 25 33'E I r F Li
Y—
t INSTRUMENT 430.48" o 0 co -wm" •
cn BLOCK 1 z co
't ro •' SUNNYBROOK SCHOOL ADDITION 1 t-1°a
0 r 1 I\ VOL 388-95, PG. 43 I 9
Ty�_� ' " CO P.R.T.C.T. CD 0
cq 'y co µ SURVIr
cn
�.,t t ti��� p,, IC µAS NO' 1
0. I n t
`r EASEMENT LINE TABLE
tD • LINE BEARING DIST
N
I L
I Li N89 25'33"E 20.00'
N NOTES:
u7 (1) ALL BEARINGS SHOWN HEREON ARE L2 S003427"E 15.00'
0 CORRELATED TO THE TEXAS STATE PLANE 5/8" IRF L3 S892S 33"W moo'
SYSTEM, NORTH CENTRAL ZONE (CM)
0 4202, NAD OF 1983, AS DERIVED BY FIELD
5 OBSERVATIONS UTILIZING THE RTK NETWORK L4 N0034'27"W 15.00'
N ADMINISTRATED BY WESTERN DATA SYSTEMS.
I- (2) THIS EXHIBIT WAS PREPARED WITHOUT * LEGEND *
Q BENEFIT OF A CURRENT TITLE COMMITMENT.
J FEBRUARYSf15VEY 2016 S UNDER THE MADE ON TDIRECTHE OUND CM CONTROLLING MONUMENT
Q SUPERVISION OF AARON STRINGFELLOW. R.P.L.S. IRF IRON ROD FOUND
N NO. 6373. i�
(V (4) REFER TO THE ACCOMPANYING FIELD NOTES --0 13 EASEMENT
7 ATTACHED HERETO AND MADE A PART THEREOF.
u7
0
NORTH RICHLAND HILLS
w 1 5/12 JLV ENLARGED EASEMENT AREA
z
re
REV, DATE BY DESCRIPTION CHK. B I RDV I LLE I SD
° SURVEYOR PREPARING THIS EXHIBIT: 15X20` WATERLINE EASEMENT
rn ����WIER A ASSOCIATES, •INC, CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS
o
0 2201 IAMAR BLVD., SUITE 200E ARUNGTON, TEXAS 76006 METRO (817)467-7700 DRAWN BY:JLV DATE 05-12-2016 DWG. NO. REV.
4 Texas Firm Registration No. F-2776 www.WierAssociates.com CHECKED BY:1 DATE:05-12-2016 C
3 Texas Board of Land Surveying Registration No. 10033900 SCALE: 1"=48' APP.:II) 1 Q t 2
.
Ordinance No.3659-Exhibit B
Page 4 of 6
• EXHIBIT "A"
FIELD NOTES — DESCRIPTION
15'X20' WATERLINE EASEMENT
BEING A TRACT OF LAND LOCATED IN THE TANDY K. MARTIN SURVEY, ABSTRACT No. 1055,
TARRANT COUNTY, TEXAS, BEING A PORTION OF BLOCK 1, SUNNYBROOK SCHOOL ADDITION, AN
ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, ACCORDING TO THE
PLAT RECORDED IN VOLUME 388-95, PAGE 43, PLAT RECORDS, TARRANT COUNTY, TEXAS
(P.R.T.C.T.) AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
0
o BEGINNING AT A POINT IN THE NORTH LINE OF SAID BLOCK 1 AND THE SOUTH RIGHT—OF—WAY
N LINE OF MAIN STREET (A 60' RIGHT—OF—WAY), FROM WHICH A 1/2" IRON ROD FOUND BEARS
8 SOUTH 89'25'33" WEST, A DISTANCE OF 735.26 FEET, SAID IRON ROD BEING THE INTERSECTION
OF THE WEST RIGHT—OF—WAY LINE OF AMUNDSON ROAD (AN 80' RIGHT—OF—WAY) WITH THE
SOUTH RIGHT—OF—WAY LINE OF SAID MAIN STREET;
0 THENCE NORTH 89'25'33" EAST, ALONG THE NORTH LINE OF SAID BLOCK 1 AND THE SOUTH
a RIGHT—OF—WAY LINE OF SAID MAIN STREET, A DISTANCE OF 20.00 FEET TO A POINT, FROM
ii WHICH A 1/2" INCH IRON ROD FOUND BEARS NORTH 74'45'28" EAST, A DISTANCE OF 236.95
FEET, SAID IRON ROD BEING THE INTERSECTION OF THE NORTH RIGHT—OF—WAY LINE OF SAID
co
m MAIN STREET WITH THE WEST RIGHT—OF—WAY LINE OF SHERRI LANE (A 50' RIGHT—OF—WAY);
THENCE SOUTH 00'34'27" EAST, DEPARTING THE NORTH LINE OF SAID BLOCK 1 AND THE SOUTH
RIGHT—OF—WAY LINE OF SAID MAIN STREET, A DISTANCE OF 15.00 FEET TO A POINT;
w THENCE SOUTH 89'25'33" WEST, A DISTANCE OF 20.00 FEET TO A POINT, FROM WHICH A 5/8"
IRON ROD FOUND BEARS SOUTH 40'23'13" WEST, A DISTANCE OF 984.61 FEET, SAID IRON ROD
is
BEING THE SOUTHWEST CORNER OF SAID BLOCK 1;
THENCE NORTH 00'34'27" WEST, A DISTANCE OF 15.00 FEET TO THE PLACE OF BEGINNING AND
a CONTAINING 300 SQUARE FEET OF LAND, MORE OR LESS.
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THIS SURVEY WAS MADE ON THE GROUND UNDER THE DIRECT SUPERVISION OF AARON L. STRINGFELLOW, R.P.L.S.
N NO. 6373, FEBRUARY 15, 2016. ALL BEARINGS RECITED HEREIN ARE CORRELATED TO THE TEXAS STATE PLANE
N COORDINATE SYSTEM, NORTH CENTRAL ZONE 4202, NAD OF 1983. REFER TO THE ACCOMPANYING EXHIBIT
ATTACHED HERETO AND MADE A PART HEREOF.
to
-1 5/12 JLV ENLARGED EASEMENT AREA NORTH RICHLAND HILLS
REV. DATE BY DESCRIPTION B I RDV I LLE I SD
SURVEYOR PREPARING THIS EXHIBIT: 15'X20' WATERLINE EASEMENT
WA
WIER & ASSOCIATES, INC. CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS
22D1 LAMAR BLVD.,SUITE 200E ARLINGTON, TEXAS 76006 METRO (817)467-7700 DRAWN BY:JLV DATE:05-12-2016 DWG. NO. REV.
• Texas Firm Registration No. F-2776 www.WierAssociotes.com CHECKED BY:4di DATE:05-12-2016 2 OF 2
Texas Board of Land Surveying Registration No. 10033900 SCALE N/A APP.:off
Ordinance No.3659-Exhibit B
Page 5 of 6
MARY LOUISE GARCIA ..
COUNTY CLERK r �'
100 West Weatherford Fort Worth,TX 76196-0401
PHONE(817)884-1195
CITY OF NORTH RICHLAND HILLS
MARIA LINDSEY
4301 CENTER POINT DRIVE
NORTH RICHLAND HILLS, TX 76180
Submitter: CITY OF NORTH RICHLAND
HILLS PUBLIC WORKS ADMIN
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 7/15/2016 12:35 PM
Instrument#: D216158176
E 6 PGS $32.00
cip�� a-r ¢t rim+u.�
By:
D216158176
ANY PROVISION WHICH RESTRICTS THE SALE,RENTAL OR USE OF THE DESCRIBED REAL PROPERTY
BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
Ordinance No.3659-Exhibit B
Page 6 of 6
ORDINANCE NO.3659 EXHIBIT"C"
RELEASE AGREEMENT
This Release Agreement ("Agreement") is entered into by and between the City of North
Richland Hills,Texas("City"),a Texas home-rule City,and Birdville Independent School District
("Developer"),individually referred to as a"party" and collectively referred to as the"parties."
RECITALS
On or about May 18,2016,a water line easement(the"Easement")was granted to the City,which
such easement is filed of record as Instrument No.D216158176 and recorded at the Deed Records
of Tarrant County,Texas.
By Ordinance No. _ _,.approved on. _ .,the City Council vacated
and abandoned in-place a portion of the Easement and determined that the public would be better
served and benefited by relinquishing its right to a portion of the Easement and releasing and
assigning, by quitclaim deed, all title and control in a portion of the Easement to Developer,who
is the owner of the fee estate on which the Easement is located.
The Developer has agreed to release the City from all liability for claims of damages or loss related
to the vacating and abandonment of a portion of the Easement, in accordance with applicable law
as set forth herein in the Agreement.
AGREEMENT
1. The parties acknowledge and agree that the City has agreed to abandon a portion of the
Easement for the purpose of allowing Developer to build a structure across the easement,
which is no longer needed to provide fire protection as fire protection has been provided
elsewhere.
2. The portion of the Easement to be abandoned shall be vacated of all water pipe, and in
accordance with industry standards and best practices. Upon completion, and inspection
by the City, such portion of the Easement shall be considered abandoned.
3. Developer shall pay all costs and expenses associated with or related to removing the
sanitary sewer pipe and appurtenances.
4. DEVELOPER HEREBY AGREES TO FOREVER RELEASE THE CITY FROM
ANY AND ALL LIABILITY FOR CLAIMS FOR DAMAGES OR LOSS RELATED
TO THE ABANDONING IN PLACE OF A PORTION OF THE EASEMENT, IF
SUCH DAMAGE OR LOSS IS CAUSED BY THE NEGLIGENT ACTS OR
OMISSIONS OR INTENTIONAL MISCONDUCT OF THE DEVELOPER OR ITS
EMPLOYEES ACTING WITHIN THE SCOPE OF THEIR EMPLOYMENT,BUT
ONLY TO THE EXTENT DEVELOPER WOULD BE LIABLE FOR SUCH
Release Agreement
Page 1 of 4
Ordinance No.3659-Exhibit C
Page 1 of 4
DAMAGES OR LOSS PURSUANT TO CHAPTER 101 OF THE TEXAS CIVIL
PRACTICES AND REMEDIES CODE, THE TEXAS TORTS CLAIM ACT.
DEVELOPER FURTHER AGREES THAT DEVELOPER SHALL 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, OR OTHERWISE, ARISING
OUT OF OR IN CONNECTION WITH THE ABANDONED PORTION OF THE
EASEMENT, IF SUCH DAMAGE OR LOSS IS CAUSED BY THE NEGLIGENT
ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF DEVELOPER
OR ITS EMPLOYEES ACTING WITHIN THE SCOPE OF THEIR
EMPLOYMENT, BUT ONLY TO THE EXTENT DEVELOPER WOULD BE
LIABLE FOR SUCH DAMAGES OR LOSS PURSUANT TO CHAPTER 101 OF
THE TEXAS CIVIL PRACTICES AND REMEDIES CODE,THE TEXAS TORTS
CLAIM ACT.
5. This covenant and condition shall run with the land and be binding on all successors and
assigns of the fee estate.
ACCEPTED AND AGREED:
CITY OF NORTH RICHLAND HILLS: DEVELOPER, BIRDVILLE
INDEPENDENT SCHOOL
DISTRICT:
By: By:: katkei &-.
Mark Hindman, City Manager Name: Darrell Brown
Date: Title:SO pert 'tell dke+
Date: j ,
ATTEST:
Alicia Richardson, City Secretary
APPROVED TO FORM AND LEGALITY:
Maleshia McGinnis, City Attorney
[Remainder of page intentionally left blank]
Release Agreement
Page 2 of 4
Ordinance No.3659-Exhibit C
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
a.20
NOTARY PUBLIC, STATE OF TEXAS
Printed Name:
My Commission Expires:
Release Agreement
Page 3 of 4
Ordinance No.3659-Exhibit C
Page 3 of 4
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME,the undersigned authority,on this day personally appeared Darrell Brown,
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 Birdville Independent School District, for the same purposes and
considerations therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 2. day of
JU , 20 2,0
-1A6t "61
POI <r.1'11"" , Ot. at/11111
44 BRENDAL RYA
t 14 :•= My terry ID 9 11063494 N,UTARY.PUBLIC, STATE OF TEAS
i Expos February3,2022 Printed Name: 1V`f'..11lr1& L ' PA,c 'i r" ' My Commission Expires: Veto 311-4Z)
AFTER RECORDING RETURN TO:
Alicia Richardson, City Secretary
City of North Richland Hills
4301 City Point Drive
North Richland Hills, Texas 76180
Release Agreement
Page 4 of 4
Ordinance No.3659-Exhibit C
Page 4 of 4
RELEASE AGREEMENT
This Release Agreement ("Agreement") is entered into by and between the City of North
Richland Hills,Texas("City"),a Texas home-rule City, and Birdville Independent School District
("Developer"),individually referred to as a"party" and collectively referred to as the "parties."
RECITALS
On or about May 18, 2016, a water line easement(the"Easement")was granted to the City,which
such easement is filed of record as Instrument No. D216158176 and recorded at the Deed Records
of Tarrant County, Texas.
By Ordinance No. 334 s9 , approved on 1- —3Oa10 , the City Council vacated
and abandoned in-place a portion of the Easement and determined that the public would be better
served and benefited by relinquishing its right to a portion of the Easement and releasing and
assigning, by quitclaim deed, all title and control in a portion of the Easement to Developer, who
is the owner of the fee estate on which the Easement is located.
The Developer has agreed to release the City from all liability for claims of damages or loss related
to the vacating and abandonment of a portion of the Easement, in accordance with applicable law
as set forth herein in the Agreement.
AGREEMENT
1. The parties acknowledge and agree that the City has agreed to abandon a portion of the
Easement for the purpose of allowing Developer to build a structure across the easement,
which is no longer needed to provide fire protection as fire protection has been provided
elsewhere.
2. The portion of the Easement to be abandoned shall be vacated of all water pipe, and in
accordance with industry standards and best practices. Upon completion, and inspection
by the City, such portion of the Easement shall be considered abandoned.
3. Developer shall pay all costs and expenses associated with or related to removing the
sanitary sewer pipe and appurtenances.
4. DEVELOPER HEREBY AGREES TO FOREVER RELEASE THE CITY FROM
ANY AND ALL LIABILITY FOR CLAIMS FOR DAMAGES OR LOSS RELATED
TO THE ABANDONING IN PLACE OF A PORTION OF THE EASEMENT, IF
SUCH DAMAGE OR LOSS IS CAUSED BY THE NEGLIGENT ACTS OR
OMISSIONS OR INTENTIONAL MISCONDUCT OF THE DEVELOPER OR ITS
EMPLOYEES ACTING WITHIN THE SCOPE OF THEIR EMPLOYMENT,BUT
ONLY TO THE EXTENT DEVELOPER WOULD BE LIABLE FOR SUCH
Release Agreement
Page 1 of 4
DAMAGES OR LOSS PURSUANT TO CHAPTER 101 OF THE TEXAS CIVIL
PRACTICES AND REMEDIES CODE, THE TEXAS TORTS CLAIM ACT.
DEVELOPER FURTHER AGREES THAT DEVELOPER SHALL 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, OR OTHERWISE, ARISING
OUT OF OR IN CONNECTION WITH THE ABANDONED PORTION OF THE
EASEMENT, IF SUCH DAMAGE OR LOSS IS CAUSED BY THE NEGLIGENT
ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF DEVELOPER
OR ITS EMPLOYEES ACTING WITHIN THE SCOPE OF THEIR
EMPLOYMENT, BUT ONLY TO THE EXTENT DEVELOPER WOULD BE
LIABLE FOR SUCH DAMAGES OR LOSS PURSUANT TO CHAPTER 101 OF
THE TEXAS CIVIL PRACTICES AND REMEDIES CODE, THE TEXAS TORTS
CLAIM ACT.
5. This covenant and condition shall run with the land and be binding on all successors and
assigns of the fee estate.
ACCEPTED AND AGREED:
CITY OF NORTH RICHLAND HILLS: DEVELOPER, BIRDVILLE
INDEPENDENT SCHOOL
r
DISTRICT:
By: By: &a-
Mark Hindman, City Manager Name: Darrell Brown
Date: 3-7,,ta31 ?on Titie:S0 penrt'kvt df
�
�.�`��,1CH�I��., Date: J UY\.Q_ [n- ?JD2-0
ATTEST: ` Q- '
� o n r_
� -t -
Alicia Richardson, City SgcQ Cary h ',))y�
APPROVED TO FORM A`VIMitq iY:
aleshia McGinnis, City Attorney
[Remainder of page intentionally left blank]
Z Council Action N
Cate Approved
Release Agreement a? ��
Page 2 of 4 Agerd No. '
Ord,j Res No. 3
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Mark
Hindman, known to me to be the person and officer whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same as the act and deed and on behalf
of the City of North Richland Hills, a municipal corporation of Tarrant County, Texas, for the
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 3I day of
, 2020.
NOTARY PUBLI STATE OF TEXAS
5."4, TRACI HENDERSON
�6°'==P"°"` Printed Name: /rr(,�u' germ/et-5or\
�Y• �.�� Notary Public
%� ',LP' STATE OF TEXAS My Commission Expires: q —apt(
' 9r.® +p ID#125381736
y004,E.0 c My Comm.Exp.Se .12,2021
Release Agreement
Page 3 of 4
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Darrell Brown,
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 Birdville Independent School District, for the same purposes and
considerations therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 2. day of
JUV , 20W.
- 0(CLIAatOt_
error►. jr. . . t I/ 0. _. , .
: �'"• ;:, BRENDA L.RYAN
_* = ••= My Notary N#11063494 NOTARY PUBLIC, STATE OF TE S
t',0� •• Expkes February 3,2022 Printed Name: ?VJ dzt. L ' CL i
My Commission Expires: 1 3 �p ate.
1
AFTER RECORDING RETURN TO:
Alicia Richardson, City Secretary
City of North Richland Hills
4301 City Point Drive
North Richland Hills, Texas 76180
Release Agreement
Page 4 of 4
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, after review of the
easement shown and described in Exhibit A, attached hereto and incorporated herein
which was conveyed to the City on or about May 18, 2016 and filed of record as
Instrument No. D216158176 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; and
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 Birdville Independent School District, 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.
D216158176 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 of NRH_BISD_Quit Claim Deed
Page 1 of 2
Executed this the 27th day of July, 2020.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Tre ' o, ayor
�1,11111,,�
ATTEST: .0 NCH(,q'�
Q. . '.. '
U-� 6:fle r o y
Alicia Richardson, City aaretary h �';
. .Y .•
:may
*
1"1/VOKNOWLEDGMENT
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 7' day of �{( %(, ,�, 2020.
poR`1:4,� TRACI HENDERSON
' Notary Public Notary ublic in and for the State of Texas
'
E°a; / ,'°E STATE OF TEXAS
'f ♦ /P)MEOF���� 10#125381736
„� Cv y Gc,rrm.4p.Sep.12 2021 My Commission expires: 6/ -1 -
Return to:
City Secretary
City North Richland Hills
4301 City Point Drive
North Richland Hills, Texas 76180
City of NRH_BISD_Quit Claim Deed
Page 2 of 2
�eeMlYp
MARY LOUISE NICHOLSON
� ;. 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 DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 8/25/2020 11:04 AM
Instrument#: D220210843
OPR 19 PGS $87.00
By.
D220210843
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.