HomeMy WebLinkAboutOrdinance 3675 ORDINANCE NO. 3675
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 PORTION OF THE EASEMENT IS NO LONGER NEEDED
FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO
EXECUTE A QUITCLAIM DEED RELEASING AND ASSIGNING A
PORTION OF THE EASEMENT TO THE OWNER OF THE FEE
ESTATE; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of North Richland Hills, Texas ("the City") is a home rule cityacting
9
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 8, 1953, a water line easement was granted to the
Smithfield Water Company, which such easement is filed in Volume 2571,
Page 42, of the Tarrant County Deed Records; and
WHEREAS, such easement was later acquired by the City as a part of an acquisition of
water and sanitary sewer assets located within the city of North Richland
Hills; and
WHEREAS, the easement does not currently house any components of the city's active
water distribution system, and is no longer needed; 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 a portion of said easement to the owners of the fee
estate on which the easement is located;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS:
SECTION 1: That 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.
NRH Ordinance No. 3675
Page 1 of 3
SECTION 2: The City Council finds that the public would be better served and benefited
by the vacation and abandonment of the water line easement conveyed to
the Smithfield Water Company on or about May 8, 1953 filed of record in
Volume 2571, Page 42, of the Tarrant County Deed Records, in Lot 1
Block 2 Clift Addition, further shown and described by metes and bounds
on Exhibit"A" and Exhibit"B" attached hereto and incorporated herein.
SECTION 3: The City Council finds that the existing easement to be abandoned is no
longer needed for public use.
SECTION 4: 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 5: The current owner of the fee estate shall agree to release the City from
any and all liability and agree to hold the City harmless from any and all
claims for damages or loss of any kind, for any reason, for any and all
activities, whether real or asserted, resulting on the property, arising out
of or in connection with the abandoned easement, such agreement shall
be executed and attached hereto as Exhibit "C." Release of this
easement shall run with the land and be binding on all successors and
assigns of the fee estate.
SECTION 6: Upon execution of the quitclaim deed and the hold harmless agreement,
the City Secretary is authorized and instructed to file this ordinance along
with the quitclaim deed in the deed records of Tarrant County, Texas.
SECTION 7: 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 8: 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 9: 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
NRH Ordinance No. 3675
Page 2 of 3
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 10: This Ordinance shall be in full force and effect from and its passage.
AND IT IS SO ORDAINED.
PASSED AND APPROVED on this 14th day of December, 2020.
CITY OF N H RIC D LS
By:
Oscar Trevin ayor
olouillnoo
ATTEST: ??' •.,y
,1 � � ?p: :r=
1'`� LA."-) an
Alicia Richardso1 -Q1• ••;0"���.�``�
City Secretary/Chi€ jWeece Officer
APPROVED AS TO FORM AND LEGALITY:
Maleshia B. McGinnis, City Attorney
APPROVED AS TO CONTENT:
zei
Caroline Waggoner, Pu Works Director
NRH Ordinance No. 3675
Page 3 of 3
ORDINANCE NO.3675 EXHIBIT A-PAGE 1 OF 1
METES AND BOUNDS DESCRIPTION
0.0204 ACRE(888 Square Feet)
Portion of Lot 1, Block 2,
Clift Addition, North Richland Hills,
Tarrant County,Texas.
BEING a 0.0204 Acre(888 Sq. Ft.)tract of land being a portion of Lot 1, Block 2, Clift Addition,
North Richland Hills,Tarrant County,Texas, of record in Doc. No. D211150335, Plat Records,Tarrant
County,Texas, and being a portion of that 5-feet wide Water and Sewer Easement conveyed to
Smithfield Water Company, of record in Volume 2571, Page 42, Deed Records,Tarrant County,
Texas, and more particularly described by metes and bounds as follows:
COMMENCING at 1/2-inch iron rod found in the east right of way(R.O.W.)line of Clift Street(variable
width)said 1/2-inch iron rod marking the southwest corner of said Lot 1;
THENCE, North 12°52'23"West, 35.14 feet with the east R.O.W. line of said Cliff Street to a 1/2-inch
iron rod with cap stamped"APEX LAND SURVEYING"marking the southwest corner of the herein
described tract for the POINT OF BEGINNING;
THENCE, North 12°52'23"West, 5.24 feet continuing with the east R.O.W. line of said Clif Street to a
1/2-inch iron rod with cap stamped"APEX LAND SURVEYING"marking the northwest corner of the
herein described tract;
THENCE, North 59°48'10"East, 178.05 feet departing said east R.O.W. line to a 1/2-inch iron rod with
cap stamped"APEX LAND SURVEYING"set in the common boundary line of Lot 1 and Lot 2, Block 2,
Clift Addition, marking the northeast corner of the herein described tract;
THENCE, South 02°32'22" East,5.65 feet with said common line to a 1/2-inch iron rod with cap
stamped"APEX LAND SURVEYING"set marking the southeast corner of the herein described tract;
THENCE,South 59°48'10"West, 176.99 feet departing said common line to the POINT OF
BEGINNING and CONTAINING 0.0204 Acre(888 Sq. Ft.)of land.
PpCSOFT
.........F-i-
I, Rodric R. Reese, Registered Professional Land Surveyor g;••�G\sTRF,.gs
No. 5883, do hereby certify that the map shown hereon : 1— O.�
was prepared under my direct supervision from a survey ▪ � 6.
�
made on the ground, and that such map is an accurate RODRIC R.REESE
representation of the subject property.
5883
77// .�▪ 0
11 23 2020
Rodric R. Reese, R.P.L.S. No. 5883 Date �0�SU Rv
EXHIBIT
888 SQUARE FEET-PORTION OF
WATER AND SEWER EASEMENT
OUT OF LOT 1, BLOCK 2, CLIFT ADDITION, AN
APEX Land Surveying ADDITION TO NORTH RICHLAND HILLS,
TBPLS Firm Registration TARRANT COUNTY, TEXAS, PROJECT: 2020.047 6824 Walter St
No. 1 01 9 41-30 ACCORDING TO THE PLAT THEREOF DRAWN BY: LM/BG DATE: 11/23/20
214 Wapiti Drive
Azle,TX. 76020 RECORDED IN DOC. NO. D211150335, FIELD CREW:CP/CW DATE: 10/02/20
APEX (817) 565-6681 PLAT RECORDS, TARRANT COUNTY, TEXAS. KALE: N/A PAGE: 2 OF 2
WALTER STREET
(VARIABLE WIDTH) (PER PLAT)
y1/2"
�/1/2" IRON ROD
W/CAP STAMPEDIRON ROD
"RPLS 4818" W/CAP STAMPED
\ \
N 88'20'10' E FOUND "RPLS 4818" 1/2" IRON
10.20' FOUND
N 88'21'10" E 178.12' ROD FOUND
N 88'21'10° E 177.74' A
1/2" IRON ROD I-
I—
W/CAP STAMPED i�cy (SEE NOTE 2),//— 0
"RPLS 4818" .14 -J
FOUND r' 1,
25' BUILDING SETBACK UNE
(PER PLAT) •
/110.‘ i 2
888 SQ.FT.— 0.0204 ACRE IIIII
PORTION OF 5' WATER AND SEWER EASEMENT TO SMITHFIELD WATER COMPANYVOLUME 2571, PAGE 42, D.R.T.C.T.
(ABANDONED BY THIS INSUMENT) 00000
co N � ja2 03 IIIII I
m N � � u, ��� IIIII N
w= IIIII 99 0' 30' 60'
IIIIIc.
,gyp 6824 W LOT 2
_ MINI
rrt m IIIII WALTER STREET -
'o v+ IIIII S GILBERT MOTA M w
P ''/ AND MELSSA MOTA o N
-k b II DOC. NO. D214192050NOTES: 0011 D.R.T.C.T. v' o LINE TABLE
CV
1. BEARINGS ARE BASED ON THE PLAT /I'll LINE BEARING DISTANCE
OF CLIFT ADDITION, AN ADDITION TO L1 .1'llll O N L1 N 12'52�23� W 5.24�
NORTH RICHLAND HILLS, RECORDED IN L2 S 02'32 22 E 5.65'
NO. D211150335, PLAT RECORDS, • LOT 1
TARRANT COUNTY, TEXAS. z
P.O.B. ON
2. 5-FEET WIDE EASEMENT TO0.111 DOC. N0.CUFTADDITID211150335,
SMITHFIELD WATER COMPANY, RECORDED r? P.R.T.C.T. LEGEND
•
MAY 25, 1983, IN VOLUME 2571, PAGE ' 1/2" IRON ROD
42, DEED RECORDS, TARRANT COUNTY, lg W/CAP STAMPED FOUND MONUMENT
TEXAS. (LOCATED BY RESOURCES P.O.C, "RPLS 4818" 0 1/2" IR WITH CAP STAMPED
OTHER THAT RECORD PLAT FOR 1/2 IRON ROD U, 7.5' ��, EASEMENT FOUND "APEX LAND SURVEYING" SET
APPROXIMATE PLACEMENT) W/CAP STAMPED (PER PLAT)
"RPLS 4818" 4. P.O.C. POINT OF COMMENCEMENT
FOUND I P.O.B. POINT OF BEGINNING
S 88'21110" W LOT 3 150.481 D.R.T.C.T. DEED RECORDS,
\ 0 ° TARRANT COUNTY, TEXAS
L\
D NANC NO. 3675 EXHIBIT B Page 1 of 1 P.R.T.C.T. PLAT RECORDS,
APEX Land Surveying 888 SQUARE FEET-PORTION OF WATER AND SEWER EASEMENT TARRANT COUNTY, TEXAS
TBPLS Firm Registration OUT OF LOT 1, BLOCK 2, CLIFT ADDITION, AN ADDITION PROJECT: 2020.047 6824 Walter St
No. 101941-30 TO NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, DRAWN BY: LM/BG DATE: 11/23/20
214 Wapiti Drive
Azle,TX. 76020 ACCORDING TO THE PLAT THEREOF RECORDED IN DOC. NO. D211150335, FIELD CREW: CP/CW DATE: 10/02/20
APEX (817) 565-6681 PLAT RECORDS, TARRANT COUNTY, TEXAS. SCALE: 1"=30' PAGE: 1 OF 2
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 Gilbert and Melissa Mota
("Developer"),individually referred to as a"party" and collectively referred to as the"parties."
RECITALS
On or about May 8, 1953, a water line easement (the "Easement") was granted to the Smithfield
Water Company, which such easement is filed of record as Instrument No. D153031961 and
recorded at the Deed Records of Tarrant County, Texas,Volume 2571, Page 42.
By Ordinance No. , approved on ,the City Council vacated
and abandoned in-place a portion of the Easement in Lot 1,Block 2 Clift Addition,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 related to the vacating and
abandonment of a portion of the Easement.
AGREEMENT
1. The parties acknowledge and agree that the City has agreed to abandon a portion of the
Easement for the purpose of allowing Developer to build a structure across the easement,
which is no longer needed to provide water service.
2. The portion of the Easement to be abandoned is not known to house any remaining water
pipe. However, should any pipe segments be discovered, and in accordance with industry
standards and best practices, Developer shall purge and properly and permanently seal the
end of the portion of the underground pipe to remain in place on the property.
3. DEVELOPER HEREBY AGREES TO FOREVER RELEASE THE CITY FROM
ANY AND ALL LIABILITY RELATED TO THE ABANDONING IN PLACE OF
A PORTION OF THE EASEMENT. DEVELOPER FURTHER AGREES TO
HOLD THE CITY, ITS OFFICERS, EMPLOYEES, AGENTS, OR
REPRESENTATIVES, HARMLESS FROM ANY AND ALL CLAIMS FOR
DAMAGES OR LOSS OF ANY KIND, FOR ANY REASON, FOR ANY AND ALL
ACTIVITIES, WHETHER REAL OR ASSERTED, RESULTING ON THE
PROPERTY, OR OTHERWISE,ARISING OUT OF OR IN CONNECTION WITH
THE ABANDONED PORTION OF THE EASEMENT.
Ordinance No.3675
Exhibit C-Hold Harmless Agreement
Page 1 of 4
4. 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:
By: By:
Mark Hindman, City Manager Name: Gilbert Mota
Date: Title:
Date:
ATTEST:
By:
Alicia Richardson
City Secretary/Chief Governance Officer Name: Melissa Mota
Title:
Date:
APPROVED TO FORM AND LEGALITY:
Maleshia B. McGinnis, City Attorney
[Remainder of page intentionally left blank]
Ordinance No.3675
Exhibit C-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:
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Gilbert Mota,
known to me(or satisfactorily proven)to be the person whose name is subscribed to the foregoing
instrument and that he executed the same 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:
Ordinance No.3675
Exhibit C-Hold Harmless Agreement
Page 3 of 4
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Melissa Mota,
known to me(or satisfactorily proven)to be the person whose name is subscribed to the foregoing
instrument and that he executed the same 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.3675
Exhibit C-Hold Harmless Agreement
Page 4 of 4
D220333772 12/18/2020 02:10 PM Page: 1 of 11 Fee: $59.00 Submitter: Traci Henderson/City of North Richland Hills
Electronically Recorded by Tarrant County Clerk in Official Public Records rJ��,�
MARY LOUISE NICHOLSON
COUNTY CLERK
ORDINANCE NO. 3675
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 PORTION OF THE EASEMENT IS NO LONGER NEEDED
FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO
EXECUTE A QUITCLAIM DEED RELEASING AND ASSIGNING A
PORTION OF THE EASEMENT TO THE OWNER OF THE FEE
ESTATE; PROVIDING A 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 8, 1953, a water line easement was granted to the
Smithfield Water Company, which such easement is filed in Volume 2571,
Page 42, of the Tarrant County Deed Records; and
WHEREAS, such easement was later acquired by the City as a part of an acquisition of
water and sanitary sewer assets located within the city of North Richland
Hills; and
WHEREAS, the easement does not currently house any components of the city's active
water distribution system, and is no longer needed; 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 a portion of said easement to the owners of the fee
estate on which the easement is located;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS:
SECTION 1: That 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.
NRH Ordinance No. 3675
Page 1 of 3
D220333772 Page 2 of 11
SECTION 2: The City Council finds that the public would be better served and benefited
by the vacation and abandonment of the water line easement conveyed to
the Smithfield Water Company on or about May 8, 1953 filed of record in
Volume 2571, Page 42, of the Tarrant County Deed Records, in Lot 1
Block 2 Clift Addition, further shown and described by metes and bounds
on Exhibit"A" and Exhibit"B" attached hereto and incorporated herein.
SECTION 3: The City Council finds that the existing easement to be abandoned is no
longer needed for public use.
SECTION 4: 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 5: The current owner of the fee estate shall agree to release the City from
any and all liability and agree to hold the City harmless from any and all
claims for damages or loss of any kind, for any reason, for any and all
activities, whether real or asserted, resulting on the property, arising out
of or in connection with the abandoned easement, such agreement shall
be executed and attached hereto as Exhibit "C." Release of this
easement shall run with the land and be binding on all successors and
assigns of the fee estate.
SECTION 6: Upon execution of the quitclaim deed and the hold harmless agreement,
the City Secretary is authorized and instructed to file this ordinance along
with the quitclaim deed in the deed records of Tarrant County, Texas.
SECTION 7: 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 8: 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 9: 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
NRH Ordinance No. 3675
Page 2 of 3
D220333772 Page 3 of 11
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 10: This Ordinance shall be in full force and effect from and its passage.
AND IT IS SO ORDAINED.
PASSED AND APPROVED on, this 14th day of December, 2020.
CITY OF TH RI LAND MILLS
By:
scar Trevino, M or
��J%11111,,,l�
ATTEST:
= z ►fir � =
Co
Alicia Richardson J C`
City Secretary/Chief Governance Office,00%
APPROVED AS TO FORM AND LEGALITY:
wo,IkLv)�
Maleshia B. McGinnis, City Attorney
APPROVED AS TO CONTENT:
Caroline Waggoner, Pu c Works Director
NRH Ordinance No. 3675
Page 3 of 3
D220333772 Page 4 of 11
ORDINANCE NO.3675 EXHIBIT A-PAGE 1 OF 1
METES AND BOUNDS DESCRIPTION
0.0204 ACRE(888 Square Feet)
Portion of Lot 1, Block 2,
Clift Addition, North Richland Hills,
Tarrant County,Texas.
BEING a 0.0204 Acre(888 Sq. Ft.)tract of land being a portion of Lot 1, Block 2, Clift Addition,
North Richland Hills,Tarrant County,Texas, of record in Doc. No. D211150335, Plat Records,Tarrant
County,Texas, and being a portion of that 5-feet wide Water and Sewer Easement conveyed to
Smithfield Water Company, of record in Volume 2571, Page 42, Deed Records,Tarrant County,
Texas, and more particularly described by metes and bounds as follows:
COMMENCING at 1/2-inch iron rod found in the east right of way(R.O.W.)line of Clift Street(variable
width)said 1/2-inch iron rod marking the southwest corner of said Lot 1;
THENCE, North 12°52'23"West, 35.14 feet with the east R.O.W. line of said Cliff Street to a 1/2-inch
iron rod with cap stamped"APEX LAND SURVEYING"marking the southwest corner of the herein
described tract for the POINT OF BEGINNING;
THENCE, North 12°52'23"West,5.24 feet continuing with the east R.O.W. line of said Clif Street to a
1/2-inch iron rod with cap stamped"APEX LAND SURVEYING"marking the northwest corner of the
herein described tract;
THENCE, North 59°48'10"East, 178.05 feet departing said east R.O.W. line to a 1/2-inch iron rod with
cap stamped"APEX LAND SURVEYING"set in the common boundary line of Lot 1 and Lot 2, Block 2,
Clift Addition, marking the northeast corner of the herein described tract;
THENCE, South 02°32'22"East, 5.65 feet with said common line to a 1/2-inch iron rod with cap
stamped"APEX LAND SURVEYING"set marking the southeast corner of the herein described tract;
THENCE, South 59'48'10"West, 176.99 feet departing said common line to the POINT OF
BEGINNING and CONTAINING 0.0204 Acre(888 Sq. Ft.)of land.
PC S O F TF-I�
I, Rodric R. Reese, Registered Professional Land Surveyor C,008G�STERFO�S
No. 5883, do hereby certify that the map shown hereon
was prepared under my direct supervision from a survey 66600660„.........„..
made on the ground, and that such map is an accurate RODRIC R.REESE
representation of the subject property. ..
5883 v
__ _ 11 23 2020 �y �ESS1�r!�0
Rodric R. Reese, R.P.L.S. No. 5883 Date 8URv�
EXHIBIT
888 SQUARE FEET-PORTION OF
WATER AND SEWER EASEMENT
OUT OF LOT 1, BLOCK 2, CLIFT ADDITION, AN
APEX Land Surveying ADDITION TO NORTH RICHLAND HILLS,
TBPLS Firm Registration TARRANT COUNTY, TEXAS, PROJECT: 2020.047 6824 Walter St
No. 1 01 9 41-30 ACCORDING TO THE PLAT THEREOF DRAWN BY: LM/BG DATE: 11/23/20
214 Wapiti Drive
Azle,TX. 76020 RECORDED IN DOC. NO. D211150335, FIELD CREW:CP/CW DATE: 10/02/20
A P E X (817) 565-6681 PLAT RECORDS, TARRANT COUNTY, TEXAS. SCALE: N/A PAGE: 2 OF 2
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D220333772 Page 6 of 11
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 Gilbert and Melissa Mota
("Developer"), individually referred to as a"parry" and collectively referred to as the"parties."
RECITALS
On or about May 8, 1953, a water line easement (the "Easement") was granted to the Smithfield
Water Company, which such easement is filed of record as Instrument No. D153031961 and
recorded at the Deed Records of Tarrant County, Texas, Volume 2571, Page 42.
By Ordinance No. , approved on ,the City Council vacated
and abandoned in-place a portion of the Easement in Lot 1,Block 2 Clift Addition,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 related to the vacating and
abandonment of a portion of the Easement.
AGREEMENT-
1. The parties acknowledge and agree that the City has agreed to abandon a portion of the
Easement for the purpose of allowing Developer to build a structure across the easement,
which is no longer needed to provide water service.
2. The portion of the Easement to be abandoned is not known to house any remaining water
pipe. However, should any pipe segments be discovered, and in accordance with industry
standards and best practices, Developer shall purge and properly and permanently seal the
end of the portion of the underground pipe to remain in place on the property.
3. DEVELOPER HEREBY AGREES TO FOREVER RELEASE THE CITY FROM
ANY AND ALL LIABILITY RELATED TO THE ABANDONING IN PLACE OF
A PORTION OF THE EASEMENT. 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 HIND, 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.
Ordinance No.3675
Exhibit C-Hold Harmless Agreement
Page 1 of 4
D220333772 Page 7 of 11
4. 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:
By: By:
Mark Hindman, City Manager Name: Gilbert Mota
Date: Title:
Date:
ATTEST:
By:
Alicia Richardson
City Secretary/Chief Governance Officer Name: Melissa Mota
Title:
Date:
APPROVED TO FORM AND LEGALITY:
Maleshia B. McGinnis, City Attorney
[Remainder of page intentionally left blank]
Ordinance No.3675
Exhibit C-Hold Harmless Agreement
Page 2 of 4
D220333772 Page 8 of 11
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:
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Gilbert Mota,
known to me (or satisfactorily proven)to be the person whose name is subscribed to the foregoing
instrument and that he executed the same 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:
Ordinance No.3675
Exhibit C-Hold Harmless Agreement
Page 3 of 4
D220333772 Page 9 of 11
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Melissa Mota,
known to me (or satisfactorily proven)to be the person whose name is subscribed to the foregoing
instrument and that he executed the same for the same purposes and considerations therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
520
NOTARY PUBLIC, STATE OF TEXAS
Printed Name:
My Commission Expires:
AFTER RECORDING RETURN TO:
Alicia Richardson, CitySecretary
Y
City of North Richland Hills
4301 City Point Drive
North Richland Hills, Texas 76180
I
Ordinance No.3675
Exhibit C-Hold Harmless Agreement
Page 4 of 4
D220333772 Page 10 of 11
0City Secretary Office
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
Exhibits A & B, attached hereto and incorporated herein which was conveyed to the Smithfield
Water Company on or about May 8, 1953 and filed of record in Volume 2751, Page 42, 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 of the property. 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 Gilbert and Melissa Mota, and their 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 Exhibits A & B attached hereto
and incorporated herein, such property also being a water line easement conveyed
to the Smithfield Water Company, an easement filed of record in Volume 2571,
Page 42, 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.
Executed this the 14t" day of December, 2020.
CITY OF NORTH RICHLAND HILLS
By:
oa�,���\CH��O��� CL(�ll,�.�- �2f-�U►�Q�n� �f.{�l`�''t C,�
ATTEST: •o y
Z nr �s
Alicia Richardson, City gar.ary ovUfkeweG OA�iL4r,
D220333772 Page 11 of 11
x City Secretary Office
zOy Official Rec ,(d Copy
ExP
APPROVED AS TO FORM AND LEGALITY:
aleshia B. McGinnis, City Attorney
ACKNOWLEDGMENT
Before me, the undersigned authority, on this day personally appeared Pa"(e4- /k/4wanf
(;+s Manager of the City of North Richland Hills, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that sk@-executed the same for
the purposes and consideration therein expressed.
Given under my hand and seal of office this day of p , 2-el ao�
gnuunuu,
TRACI HEi11DERSOIV
eke ;,' y NotaryTE O Public Notary Public in and for the State of Texas
�.,,� �� , {� �.T�+,TE OF TEXAS ry
yrf A, #y` NEE 125381736
„= .'7r,yrt
w Yy � Gx� 3ie12v,2021 G�`-1�--yommssonexpres: 2e�20
Return to:
City Secretary
City North Richland Hills
4301 City Point Drive
North Richland Hills, Texas 76180
`Al uo a icr i :!Foie �J
Ord/Res