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Home My WebLink AboutResolution 2001-043 RESOLUTION NO. 2001-043 WHEREAS, Golf and Bat Family Fun Center and Robert A. McCauley, II and Vicki L. McCauley, (called McCauleys) in connection with plat approval of Lot 3R, Block 2, Walker Branch Addition, executed a City/Developer Agreement which required McCauleys to pay a fair share of future drainage improvements to Walker Branch; and WHEREAS, in exchange for a release of the terms of said City/Developer Agreement which was dated October 15, 1997, the said McCauleys are willing to replace it with a Water Course Maintenance Agreement, a copy of which is attached hereto as Exhibit "A"; and WHEREAS, the Council finds that it is in the best interest of the City to accept said Water Course Maintenance Agreement in lieu of the City/Developer Agreement of October 15,1997. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The Director of Public Works of the City is authorized to release the City/Developer Agreement of October 15, 1997. 2. The Mayor, be and is hereby, authorized to execute the Water Course Maintenance Agreement (Exhibit "A") as the act and deed of the City. PASSED AND APPROVED this 13th day of August, 2001. APPROVED: ',z¿t Jú'?,~ Charles Scoma, MtYOr ATTEST: (l/l//¿Iel a )j¿¿t.:XlJ-.' Patricia Hutson, City Secretary 1 APPROVED AS TO FORM AND LEGALITY: ~2L~/~. Rex McEntire, City Attorney ~ APPROVED AS TO CONTENT: ')11,'l .: (" j -l- IL [,.L~ t" Míke Cùrtis, Director of Public Works 2 WATER COURSE MAINTENANCE AGREEMENT /i~«ô) ß- t, l::> \>:~''".~. ...rD KNOW ALL MEN BY THESE PRESENTS THA T: WHEREAS, by plat titled "Walker Branch Addition, Block 2, Lot 3R"("Plat") approved on March 22, 1993 (PS 93-02) by the City Council of the City of North Richland Hills, Tarrant County, Texas, ("City"), Robert A. McCauley II, Vicki L. McCauley (formerly known as Vicki L. Thorton, and GOLF AND BAT FAMILY FUN CENTER, a Texas qeneral partnership ("Owner") was permitted to develop the property legally described on Exhibit "A" attached hereto in accordance with the Plat, and WHEREAS, as a condition to approval of the Plat, the City required the owner to sign a covenant to cover the future costs of any drainage improvements associated with the existing earthen water course (the "Water Course") which shall be located on the property legally described as Walker Branch Addition, Block 2, Lot 3R1 on Exhibit "B" and shown on Exhibit "c" attached hereto, and WHEREAS, the City is willing to cancel the covenant signed October 15, 1997 pertaining to the future drainage improvements for the existing Water Course provided that the Developer agrees to perpetually maintain such earthen Water Course. WHEREAS, the Owner also agrees to hold the City of North Richland Hills harmless against any claim of damage from the upstream owners that may result from flooding due to inadequate design, construction or maintenance procedures of said Water Course. NOW THEREFORE, Developer agrees as follows: 1. Developer shall maintain the Water Course in a prudent manner to minimize soil erosion and keep grass and vegetation mowed and maintained in such a manner that it does not violate the City's Weed Maintenance Ordinance No. 1392 and meets the attached Maintenance Schedule labeled Exhibit "D". 2. Should Developer fail to remedy any inadequacy in its maintenance of the Water Course within twenty (20) days of receipt of written notice from the City, the City may, but shall not be obligated to, provide such maintenance that it shall reasonably deem necessary and all costs thereof shall be reimbursed to the City by developer upon written demand therefore. If Developer fails to so reimburse the City within ten (10) days of such written demand, the City shall have a lien against the Property (said Lot 3R1) for such amount, provided, however, such lien shall not be valid against a bona fide purchaser for value unless a notice of such lien stating the amount shall be filed in the office of the Tarrant County land records. By acceptance of this Agreement, the City agrees to execute a certificate (addressed to the party requesting same) within ten (10) days of written request therefore, stating whether or not any amounts are due and owing from Developer pursuant to this Agreement. McCauley Water Course Main! Agreement Page 1 of 4 A~ I \ I, \ If \ . It t. ..... /fe. !i 1" \ ~ r I-t ~ l I' l t':r-\ \~, " II' ", ~' ~ ' 3. The agreements made herein shall be binding upon Developer, its successors and assigns and shall be a covenant running with the land. Executed this the Z tf day of 4¡)'u,ý- , 2001 . GOLF AND BAT FAMILY FUN CENTER, a Texas general partnership Q~ c1.~f('~_ Robert A. McCauley, II, ~ r ' Individual By: .ak<---A a. Robert A. McCauley, II, Partner /~~"--H1~ ~c¡(,' '<. /'L Vicki L. McCauley, \ Individual By: u:2~ 7J1(1(~ Vicki L. McCauley, .. Partner McCauley Water Course Maint. Agreement Page 2 of 4 STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me this ~ day of t2u~s t by ROBERT A. McCAULEY, 1/ and VICKI L. McCAULEY. ,2001, /J:.';if.\:'rtlit..... LISA JUREN ~·¡j\(i·~ MY COMMISSION EXPIRES \~;i:...,.,~l May 25, 2005 , ,.?..\\., Commission Expires: s-- ?S---Ö 5:" Notary's Printed Name: USA- :r U I?e /c./ STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on this KL- day of au-ð:ffc$ + 2001, by Robert A. McCauley, II and Vicki L. McCauley, Partners of GOLF ND BAT FAMILY FUN CENTER, a Texas general partnership, on behalf of said partnership. \.101..", \\\~~'( f/./'; ,/f....:iL:~~ USA JUREN ~} R...tJ MY COMMISSION EXPIRES ···~;t~.~·.j~~~·' May 25, 2005 < " Commission Expires: Notary's Printed Name: Ç-2 Ç-ó)' L--/5-A JWU /t/ McCauley Water Course Maint. Agreement Page 3 of 4 APPROVED BY: ,~~ ~1:ti/'/"" :ff" '1o..".fI'Þ '~ ..;,.- ." ~ ~ :.,'{ð""'t'."" uti \ - - - , - =-t ~ -::~~ : -\'0..."" /~ 0. j.." '~" ~ --'" , ~~¡"I / Patricia Hutson, City Secretary City of rth ~ichland Hills By: ~~~~¿¿~ Cha les Scoma, Mayo \, ~ ATTEST: FORM AND l:~ 4---- ey for the City McCauley Water Course Maint. Agreement Page 4 of 4 EXHIBIT "A" Metes & Bounds Description BEING all that certain tract, parcel or lot of land situated in the L.C. Walker Survey, Abstract Number 1653, in the City of North Richland Hills, Tarrant county, Texas, and being that tract of land described in Volume 6877, Page 1145, Deed Records, Tarrant County, Texas, and the tract of land described in Volume 10,852, Page 1644, Deed Records, Tarrant county, Texas, and more particularly described as follows; BEGINNING at a 3/8-inch iron rod found in the south line of a tract of land described in the deed to Joseph I. Engler recorded in Volume 3507, Page 415, of said deed records, for the northwest corner of said Blumbaugh tract and the northeast corner of Lot 1, Block 2, Walker Branch Addition, as recorded in Volume 388-154, Page 22, Plat Records, Tarrant County, Texas; THENCE THENCE THENCE THENCE THENCE N 89°56'10" E, 570.00 feet with the south line of said Engler tract to a :/z-inch iron rod with plastic cap stamped "HORIZON SURVEY COMPANY" set; S 04°34'27" E, 834.22 feet to a :/z-inch iron rod with plastic cap stamped "HORIZON SURVEY COMPANY" set; S 45°14'39" E, 110.00 feet to a :/Z-inch rod with plastic cap stamped "HORIZON SURVEY COMPANY" set in the northwest line of State Highway 26 (Grapevine Highway), said highway being a 100-foot right-of-way by deed; S 44°45'21" W, 1015.00 feet with said northwest line of State Highway 26 to a 3/8-inch rod round for the southwest corner of said Blumbaugh tract, and the southeast corner of Lot 2, Block 2, of the aforesaid Walker Branch Addition; North 1629.14 feet with the east line of said Lot 2 and the aforesaid Lot 1, block 2, to the POINT OF BEGINNING and containing 18.626 acres (811,337 square feet) of land more or less, as surveyed, mapped and legally described by Horizon Survey Company during March 1993; the bearings recited herein are based on the deed call bearing of North along the east line of the aforesaid tract of land described in Volume 6877, Page 1145, Deed Records, Tarrant County, Texas. McCauley Water Course Maint, Agreement EXHIBIT "B" All that certain tract or parcel of land situated in the L.C. Walker Survey, Abstract 1653, Tarrant County, Texas and being a portion of Lot 3R, Block 2, Walker Branch Addition to the City of North Richland Hills, Tarrant County, Texas as recorded in Cabinet A, Slide 2941, Plat Records, Tarrant County, Texas and also being particularly described by metes and bounds as follows: BEGINNING at a ~ inch capped steel rod stamped "HORIZON" at the southwest corner of said Lot 3R, said point being in the northwest right- of-way line of State Highway 26 - Grapevine Highway; THENCE North with the west line of said Lot 3R, 1149.85 feet to a ~ inch capped steel rod stamped "MOAK SURV., INC."; THENCE South 87 degrees 48 minutes 12 seconds East, 351.39 feet to a ~ inch capped steel rod stamped "MOAK SURV., INC."; THENCE South 09 degrees 18 minutes 16 seconds East, 603.61 feet to a ~ inch capped steel rod stamped "MOAK SURV., INC."; THENCE South 45 degrees 14 minutes 39 seconds East, 62.07 feet to a ~ inch capped steel rod stamped MOAK SURV., INC." in the said northwest right-of-way line of State Highway 26 - Grapevine Highway; THENCE South 44 degrees 45 minutes 21 seconds West with the said northwest right-of-way line, 699.91 feet to the place of beginning and containing 8.8068 acre of land, more or less, McCauley Water Course Maint, Agreement In-, " ~!:.r:..!'UU T -=---~11 ~EnNT -~ i I "_____ I ! 75' I ,,/1.. ,,'HJI'f.!: "j I fL Pt,ln V r"I1I,t"[) "IIf...'J !TJUNU ----- - ...----- ---._---.--------- ---'--- -----~- -- ,.. 211. C8' __~~-,., 1/2" ! ,'" S J AMP "0- ~"'" '~ S 04'34' 21"£ 93.01' N 89'56' 10'£ 510. 00' 503, 40' 7,5" UTlurr £I1SF:.'tJ~NT q-T-J.£'· ~75 I í~ II ~ --- --.--1 I ) II -- / II -~-------~._- -t- I \ "'~\ '", S' ~LJ~ ¡J .,¡-~'j~9,- ", {\ ~ ~, /,t) !l .. .. ,1-. <'': ''-: : " EN ~'VJC~ G:-~''''- '7"1 ~ 22. ~. ç C '.1:~ ~:\ " DRAINACF EASEMENT ) N 10·0]"2),·w ~ \ 5, 6J' 1 .J'----~"",I N 02e1T29"[ 1 """ "/ f :,.":~::~',!',~::':, n, N 11 ~4:"4WW - \-~ -7:~=-=--- ---- --___ 7292" "_,\/-- \ S 48·21' Z4'£-/, 125.48' UTILITY EASEMENT-.// rt' ,,>" "" " -' '''-(' ".' ,,,,,,, ,"~ '/< ",,",+' , :'.0 ::,:,;~~/:, ? 5' (IT/L f'( " S' '" ú?'¿. '~O" ~ " /.1'>,t- ~.J.5 I n T 4 Rr)., ê'", ' '\:J>--"¡J +-;0- 3 /8, (/?3 50. r T. -5,-'; '/0- o~ ZONED . DC L:rIU.-~- EA5£ilE\T --------. ----~ f'" - 20 z 30' UT!UTr EA:;UJE.VT N 44·~52· " , £AS£JI£NT N ~7"01·50"[· 84 18 .. STEE jZD. N 8'·48' 12' HI ] è·2ß:~~f.--- -- 2f'..1_'! ~:/-' In ! ~ WA TFri U.'Œ [AS 3-' 1.39 CAPPEr' '--)TfTL Pi]l¡ S-.r~'MP[[' 2- "1L'~::'!, ,,---,P" I "II F(lllr.[) a BLOCK 2 I~T!UTr £A,','FMf.',VT f<. ¡ I (¡ ¡ /"-." (3H 1) 0> ey, " N 1.'"0..\ '14 'N 1 R ... ~ 399.~íH; SO n ZUII[fJ 'DC ~! CII· .' '" -I ~i , ~~ 38_'.623 SQ, n ZONED 'DC' 5 , :¡: ,-, C>: Q' <: P: ì 1 ~ ,,; " L>-¡f'f'[li ~~ If fl, PO: : (¡r1!T[' r1(1H" SUPI J i ~.t f li Jr.LI c~, . I() SA.vrrARr SEWEll r.A,C:-FJ/FYT ~ rol. 1 J (JB:.. f>1; ~ J J;"; [) !l ',I C T I ! / // / , \ J~ 1(1' WA TER LP'¡F 1'_'AS£!.a:NT VOL ]]06:;,!,C 2J[){), DRTrT / / ,/// 'E SYSTEM ~ Exhibit "C" / / / '-- rCIN ?R2 'D-J.£' . EXHIBIT "D" Water Course Maintenance Schedule 1. The Water Course area will be mowed at least once every other week during the growing season between March 15th and October 15th. 2. Any debris which deposits itself in the Water Course area will need to be picked up and removed once a week or after a storm event, whichever is more often. 3. Any noticeable sediment accumulation in the Water Course area will be removed at least once annually. 4. Exceptions to this Maintenance Schedule can be granted by the Public Works Director or his designee due to the weather conditions, unusual situations, or acts of God. McCauley Water Course Maint. Agreement