HomeMy WebLinkAboutOrdinance 3830 ORDINANCE NO. 3830
AN ORDINANCE OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS, VACATING AND ABANDONING A
PORTION OF WALKER 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
FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of North Richland Hills, Texas is a home-rule municipality located
in Tarrant County, Texas acting under its charter 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 19, 2000, a strip of right-of-way was granted to the City,
which such right-of-way was filed of record as Instrument D200119836 in
the Deed Records of Tarrant County, Texas; and
WHEREAS, the current property owner, Cromwell Hospitality ("Developer") is planning
to construct a hotel on the adjacent property, and after careful study and
consideration, the City Council has determined that the public would be
better served and benefitted 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, THAT:
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 benefitted
by the vacation and abandonment of the right-of-way conveyed to the City
on or about May 19, 2000, filed of record as Instrument No. D200119836
of the Deed Records, Tarrant County, Texas, and as shown and described
Ordinance No.3830
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 construct private improvements,
landscaping, and sidewalks 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 three and one-half- (3.5-) foot wide section of
land, more or less, and containing nine hundred ninety-nine (999) square
feet(0.0229 acres), and further described in Exhibit"A"shall be conveyed
to the owner of the property, Cromwell Hospitality, LP, conditional upon the
construction of private improvements, landscaping, and sidewalks.
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.
I theCityfrom
7: The current owner of the fee estate shall agree to release o SECTION g any
and all liabilityfor claims for damages or loss, unless such damage or loss
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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
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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.
Ordinance No.3830
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
governing zoning 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 after its passage.
AND IT IS SO ORDAINED.
PASSED AND APPROVED on this 11th day of December, 2023.
CITY OF NORTH RI LAND HILLS
By:
�,r E urnb ,9�scar re o, Mayor
ATTEST: �� . . ;=r
y A
O 1,a;114.0^
Alicia Richardson °
ye
City Secretary/Chief Gov" ce,C,Qff� '
=ram a S
10
APPROVED AS TO FORM AND LEGALITY:
Maleshia B. McGinnis, City Attorney
APPROVED AS TO CONTENT:
Ordinance No.3830
Page 3 of 4
APPROVED AS TO CONTENT:
Clayton Co ck, Director 'tanning
Ordinance No.3830
Page 4 of 4
Ordinance No.3830 EXHIBIT"A"
Exhibit"A"
Page 1 of 2
WALKER BOULEVARD RIGHT-OF-WAY ABANDONMENT
LANDON WALKER SURVEY,ABSTRACT NO. 1652
CITY OF NORTH RICHLAND HILLS,TARRANT COUNTY,TEXAS
BEING a 0.0229 acre tract of land located in the Landon Walker Survey, Abstract No. 1652, City of North Richland
Hills,Tarrant County,Texas,said 0.0229 acre tract of land being a portion of Walker Boulevard (being a 90 feet wide
public right-of-way at this point), said 0.0229 acre tract of land being more particularly described by metes and
bounds as follows:
BEGINNING at a 1/2 inch iron rod found(Controlling Monument)on the northeast right-of-way line of said Walker
Boulevard,same being at the south property corner of a called 2.829 acre tract of land conveyed to the City of North
Richland Hills,by deed thereof filed for record in Tarrant County Clerk's Instrument No. D219171805,Official Public
Records,Tarrant County,Texas(O.P.R.T.C.T.),said iron rod found also being at the west lot corner of Lot 3B, Block 1,
Northeast Crossing Addition,being an Addition to the said City and State,according to the plat thereof filed for
record in Tarrant County Clerk's Instrument No. D211237244,O.P.R.T.C.T.,from which an"X"cut in concrete found
(Controlling Monument)at the most southerly southeast property corner of the said 2.829 acre tract bears North
45°21'24" East,a distance of 174.41 feet;
THENCE South 45°21'24" West, departing the said right-of-way line and the said property line, over and across said
Walker Boulevard, a distance of 3.50 feet to a 5/8 inch iron rod with a cap stamped "SPOONER 5922" set
(hereinafter referred to as an iron rod set);
THENCE North 44°55'16" West, continuing over and across said Walker Boulevard, and along a line 3.5 feet
southwest of and parallel with the said northeast right-of-way line,a distance of 258.78 feet to an iron rod set;
THENCE North 45°17'59" East,continuing over and across said Walker Boulevard, a distance of 17.13 feet to an iron
rod set on the said existing right-of-way line of Walker Boulevard, same being a southwest property line of the
aforesaid 2.829 acre tract,from which a 1/2 inch iron rod found (Controlling Monument) at a west property corner
of the said 2.829 acre tract bears North 00'03'18" East,a distance of 28.55 feet;
THENCE South 00°03'18" West, along the said property line and the said existing right-of-way line, a distance of
19.29 feet to a 1/2 inch iron rod found at a southwest property corner of the said 2.829 acre tract,same being at an
angle point in the said existing right-of-way line;
THENCE South 44°55'16" East, along the most southerly southwest property line of the said 2.829 acre tract and
along the said existing right-of-way line,a distance of 245.09 feet to the POINT OF BEGINNING.
The hereinabove described tract of land contains a computed area of 0.0229 acres(999 square feet) of land, more
or less.
The bearings recited hereinabove are based on a local coordinate system based on NAD83 Texas North Central Zone
4202,derived from GPS RTK observations using the North Texas VRS Network(maintained by Allterra Central,Inc.)
I Eric S. Spooner, a Registered Professional Land Surveyor in the State of Texas, do hereby state that the foregoing
description accurately sets out the metes and bounds description of the easement tract described herein.
•
THIS DOCUMENT IS
PRELIMINARY
FOR REVIEW PURPOSES ONLY
Eric S.Spooner,RPLS Date ERIC S.SPOONER,R.P.L.S.
Spooner&Associates,Inc. October 18,2023
Texas Registration No.5922
TBPLS Firm No. 10054900
EXHIBIT "A"—WALKER BOULEVARD—PAGE 1 of 2
Spooner&Associates,Inc.,309 Byers Street,Suite 100,Euless,Texas 76039-PH.817-685-8448-espooner@spoonersurveyors.com-S&A 23091
MAP OF EXHIBIT "A" - - GRAND AVENUE SEE ATTACHED METES&BOUNDS (VARIABLE WIDTH PUBLIC R.O.W.) /1
DESCRIPTION ON PAGE 1 HEREIN N.
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Ordinance No.3830 XCF • — _ SEX.R.O.W. _
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T.C.C.I.NO.D211237244,O.P.R.T.C.T.
EXHIBIT"A" - SPOON ER&
CITY OF NORTH RICHLAND HILLS,
� ASSOCIATES
TARRANT COUNTY, TEXAS 1 THIS DOCUMENT IS
� REGISTERED PROFESSIONAL LAND SURVEYORS
I OVER 30 YEARS OF SERVICE PRELIMINARY
FOR REVIEW PURPOSES ONL
PROPERTY:CITY OF NRH,T.C.C.I.NO.D219171805,O.P.R.T.C.T. 309 BYERS STREET,SUITE 100,EULESS,TEXAS 76039 ERIC S.SPOONER,R.P.L.S.
ACQUISITION ACREAGE:0.0229 ACRES(999 SQ.FT.) (817)685-8448 W W W.SPOONERSURVEYORS.COM
NRHROW ABAND.dwg TBPL FIRM
October 18,2023
23091 d g S NO.10054900
S&A JOB NO.:23091 DRAWN BY: C.REEDER PARCEL 1 — EXHIBIT"A"—PAGE 2 OF 2
DATE: 10/18/2023 CHECKED BY: E.SPOONER
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 Cromwell
Hospitality, LP ("Developer"), a Texas Limited Partnership, individually referred to as a
"party" and collectively referred to as the "parties."
RECITALS
May 19, 2000, the City was granted a strip of right-of-way by right-of-way deed filed of record
as Instrument D200119836 in the Deed Records of Tarrant County, Texas.
By Ordinance No. 3830, approved on December 11, 2023, 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, landscaping, and sidewalks, 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
private improvements, landscaping, and sidewalks, in the previously dedicated
right-of-way. Upon completion, and inspection by the City, such portion of the right-
of-way shall be considered abandoned.
3. Developer shall payall costs and expenses associated with or related to
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abandoning a portion of the right-of-way in-place and construction of private
improvements, landscaping, and sidewalks.
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 PRIVATE
Ordinance No. 3830
Exhibit"B" Hold Harmless Agreement
Page 1 of 3
IMPROVEMENTS, LANDSCAPING, AND SIDEWALKS. DEVELOPER
FURTHER AGREES TO HOLD THE CITY, ITS OFFICERS, EMPLOYEES,
AGENTS, OR REPRESENTATIVE, 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 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 CROMWELL HOSPITALITY, LP
By: By:
Mark Hindman Name:
City Manager Title:
Date: Date:
ATTEST:
Alicia Richardson
City Secretary/Chief Governance Officer
APPROVED AS TO FORM AND LEGALITY:
Maleshia B. McGinnis, City Attorney
[Remainder of page intentionally left blank]
Ordinance No. 3830
Exhibit"B" Hold Harmless Agreement
Page 2 of 3
ACKNOWLEDGMENT
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 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 , 2023.
Notary Public in and for the State of Texas
My Commission expires:
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority, on this day personally appeared
, known to me to be the person 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 , for the purposes and
consideration therein expressed.
Given under my hand and seal of office this day of , 2023.
Notary Public in and for the State of Texas
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. 3830
Exhibit"B" Hold Harmless Agreement
Page 3 of 3
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 May 19, 2000 by right-of-way deed and filed of record
as Instrument D200119836 in the Deed Records of Tarrant County, Texas, 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 Cromwell Hospitality, LP, 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 right-of-way deed as Instrument D200119836 in
the Deed Records of Tarrant County, Texas.
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 day of , 2023.
Ordinance No.3830
Quitclaim Deed
Page 1 of 2
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Alicia Richardson
City Secretary/Chief Governance Officer
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
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 day of , 2023.
Notary Public in and for the State of Texas
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
i
Ordinance No.3830
Quitclaim Deed
Page 2 of 2