HomeMy WebLinkAboutResolution 1990-014
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RESOLUTION NO. 90-14
BE IT RESOLVED by the City Council of the City of
North Richland Hills, Texas, that:
I.
THE MAYOR be, and is hereby authorized to accept and
execute the attached drainage easements with accompanying
agreements on behalf of the city of North Richland Hills, Texas.
PASSED AND APPROVED this 12th day of March, 1990.
APPROVED:
____l~ $,.,~
Tommy Brown, yor
ATTEST:
APPROVED AS TO FORM AND LEGALITY:
~~~
~x McEntire, Attorney
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CITY OF NORTH RICHLAND HILLS, TEXAS
DRAINAGE EASEMENT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT I
That, National Old Line Insurance Company, an Arkansas Corporation, and
in consideration of the agreed purchase price of One Dollar ($1.00), and
upon all of the terms and conditions hereof hereby grant, sells and conveys
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 drainage facilities including open flow
channels, underground conduits with unrestricted surface access for overland
relief flow, or combination thereof, said perpetual easement being shown and
described on the plat attached hereto, which plat is made a part hereof,
and/or further described as follows:
(SEE ATTACHED LEGAL DESCRIPTION AND PLAT)
In addition to the above described perpetual easement, Seller also
hereby grants to City a temporary right of access to, and use of, lands of
Seller immediately adjacent to the perpetual easement as necessary for
construction of the proposed facilities by normal operations; it being
specifically agreed that in the exercise of this privilege the City will not
create any continuing nuisances or situations detrimental to the premises
and upon completion of the work, will promptly vacate said premises and
restore them to a condition substantially equal to, or better than, that
which existed when said work was commenced.
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:
The attached "Detention Storage Maintenance Agreement" dated February
15, 1990 is hereby made a part of this easement document.
To have and hold the same perpetually to the City of North Richland
Hills and its successors and assigns forever.
Executed this the 19 rj. day of March, A.D., 1990.
NATIONAL OLD LINE IN~ß
BY: ~~n ~
Thomas Nordstrom, Vice President
ADDRESS OF GRANTEE:
City of North Richland Hills
7301 N.E. Loop 820
North Richl~pd Hills, Tx 76180
STATE OF ;IOWA
¡
COUNTY OF LINN
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~ip' instrument was acknowledged before me on March /9 ~L, 1990, by
Th~,~'f;¡ordstrom" Vice President of National Old Line Insurance Company, an
Ar:~arSf>' C0r.R<?ratiôn, on behalf of said C poration. .
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Accepted: Cxt.y of'Nbrth Richland Hills, Texas
BY: ~ .:&~
Mayor ----'1
Attest:
Citg~ ~
APproved~ to Form c:i~d Legal~ ty:
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Attorney .)
09910
tl69 7
EXHIBIT "A"
DRAINAGE EASEMENT
BEING a 1.529 acre tract of land situated in the L.C. Walker Survey,
Abstract No. 1652, Tarrant County, Texas and being a tract of land conveyed
to National Old Line Insurance Co. by deed recorded in Volume 9796, Page
1378, Deed Records, Tarrant County, Texas. Said 1.529 acre tract being
more particularly described by metes and bounds as follows:
BEGINNING at a ! inch iron rod found at the northeast corner of the
aforementioned tract, also being the southeast corner of a tract of land
conveyed to Margaret L. Chambers by deed recorded in Volume 4194, Page 663
of said Deed Records;
THENCE South 00°12134" West, 667.63 feet to a 3/4 inch iron rod found for
corner, said point being the southeast corner of said tract;
THENCE North 88°05158" West, 100.04 feet to a ! inch iron rod set for
corner;
THENCE North 00°12134" Eas t, 664.71 feet to a ! inch iron rod set for
corner;
THENCE South 89°46129" East, 100.00 feet to the POINT OF BEGINNING and
CONTAINING 66,617 square feet or 1.529 acres of land more õr less.
nS910
0698
C.D. 8 ML CHAMBLESS
VOL. 4194, PG, 663
--
S 89°46'29" E
100,00
J.D. POTTS
VOL. 9305, PG. 305
DRAINAGE
EASEMENT
N 88°05'58"W
100.04
DATE: 02/14/90
POINT OF BEGINNING
NATIONAL OLD LINE
INSURANCE CO.
VOL 9796+ PG 131!\
ORe T.
LOT I, BLOCK I
AEGON OFFICE
PARK ADDITION
FIRST. FILING
EXHIBIT IAI
DRAINAGE
EASEMENT
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PROJ. NO. 9670 - 1000 - 3
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¡ .."" i Graham Associates, Inc.
~~: CONSlJ.. TN:; ENGr\t'ERS & PlM.\'\ERS
DETENTION STORAGE MAINTENANCE AGREEMENT
KNOW ALL MEN BY THESE PRESENTS THAT:
WHEREAS, by plat denominated "AEGON Office Park Addition, First Filing, Lot 1, Block 1"
approved on October 23, 1989, by the City Council of the City of North Richland Hills, Tarrant County, Texas,
("City"), AEGON USA Realty Advisors, Inc., was permitted to develop the site described thereon in
accordance with such plat, and
WHEREAS, such plat requires construction on the property legally described on Exhibit "A" attached
hereto (the "Property") which includes the development site, of a facility to provide a storm water detention
pond for the development site to minimize potential flooding of downstream property ("Water Detention
Storage Facility"), and
WHEREAS, AEGON USA Realty Advisors, Inc. has transferred the Property to National Old Line
Insurance Company, an Arkansas corporation ("Developer"), whose address for purposes of notice hereunder
is c/o AEGON USA Realty Advisors, Inc., 4333 Edgewood Road N.E., Cedar Rapids, IA 52499, and
WHEREAS, the City is willing to permit Developer to construct an earthen Water Detention Storage
Facility in accordance with plans approved by the City, as opposed to a concrete Water Detention Storage
Facility, provided that Developer agrees to maintain such earthen Water Detention Storage Facility.
NOW, THEREFORE, Developer agrees as follows:
1. Developer shall construct, at its sole cost and expense, the earthen Water Detention Storage
Facility in accordance with plans and specifications approved by the City.
2. Developer shall maintain the Water Detention Storage Facility 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.
3. Should Developer fail to remedy any inadequacy in its maintenance of the Water Detention
Storage Facility 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 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 fùed 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.
4. The agreements made herein shall be binding upon Developer, its successors and assigns and
shall be a covenant running with the land.
Executed this 7 day of March, 1990.
NATIONAL OLD LINE INSURANCE COMPANY
7k4~
Thomas Nordstrom, Vice President
By:
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fì7r"ií1
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STATE OF IOWA
SS:
COUNTY OF LINN
. TlUs instrument was acknowledged before me on March .L...!l.., 1990, by Thomas Nordstrom, Vice
Pre~~nt~llIlational Old Line Insurance Company, an Arkansas corJ'Óration, on behalf of said corporation.
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'~':~""zf!?' Notary's {Srinted Name
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My Commission Expires:
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City of North Richland Hills, Texas
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UO STATE OF TEXAS
CITY OF NORTH RICHLAND HILLS, TEXAS
DRAINAGE EASEMENT
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS:
That, National Old Line Insurance Company, an Arkansas Corporation, and
in consideration of the agreed purchase price of One Dollar ($1.00), and
upon all of the terms and conditions hereof hereby grant, sells and conveys
to the City of North Richland Hills, a municipal corporation of Tarrant
County, Texas, as Buyer, perpetual easements for the purpose of
constructing, using and maintaining drainage facilities including open flow
channels, underground conduits with unrestricted surface access for overland
relief flow, or combination thereof, said perpetual easements being shown
and described on the plat attached hereto, which plats are made a part
hereof, and/or further described as Easement No.1, Easement No.2, and
Easement No. 3 on the attached legal descriptions and plats.
In addition to the above described perpetual easements, Seller also
hereby grants to City a temporary right of access to, and use of, lands of
Seller immediately adjacent to the perpetual easement as necessary for
construction of the proposed facilities by normal operations; it being
specifically agreed that in the exercise of this privilege the City will not
create any continuing nuisances or situations detrimental to the premises
and upon completion of the work, will promptly vacate said premises and
restore them to a condition substantially equal to, or better than, that
which existed when said work was commenced.
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:
The attached "Water Course Maintenance Agreement" is hereby made a part
of this easement document. The "Water Courses" mentioned in the Agreement
are the earthen channels to be constructed in Easement Nos. 1, 2, & 3.
To have and hold the same perpetually to the City of North Richland
Hills and its successors and assigns forever.
Executed this the
1'7 day of March, A.D., 1990.
.
ADDRESS OF GRANTEE:
City of North Richland Hills
7301 N.E. Loop 820
North Richland Hills, Tx 76180
NATIONAL OLD LINE IN~ COMPANY
BY: 'dl>W't4- ~.
Thomas Nordstrom, Vice President
STATE OF IOWA
COUNTY OF LINN
Thi~'·.ilUÜ:.rument was acknowledged before me on March /t:}~'-, 1990, by
ThQfué;lsNÓrdstrom, Vice President of National Old Line Insurance Company, an
Arkansa,S ior~~,~~~¡:,n behalf of saì~~2 !t£~f ~-:l'-!wA
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co~t~~,i?*'ï'~~iúres :
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Notary I S Printed Name: I
(57~~y' L,~urd~'ýAM
Hills, Texas
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EASEMENT NO. 1
65 FOOT DRAINAGE EASEMENT
BEING a 0.804 acre tract of land in the L.C. Walker Survey, Abstract No.
1652, Tarrant County, Texas and being out of a tract of land conveyed to
National Old Line Insurance Co. by deed as recorded in Volume 9796, Page
1375, Deed Records, Tarrant County, Texas. Said 0.804 acre tract being
more particularly described by metes and bounds as follows:
COMMENCING at the intersection of the north westerly right-of-way line of
State Highway, No. 26 (100 foot R.O.W.) and the west right-of-way line of
Precinct Line Road (a variable width R.O.W.);
THENCE South 45°56100" West; along said S.H. 26 R.O.W., 60.43 feet to the
POINT OF BEGINNING;
THENCE South 45°56100" West, continuing along said R.O.W., 65.01 feet to a
point, said point being the beginning of a non-tangent curve to the left,
having a radius of 17 .50 feet, a central angle of 42°40121" and a long
chord nof North 67°43149" West, 12.73 feet;
THENCE leaving said S.H. 26 R.O.W., along said curve an arc distance of
13.03 feet to the point of tangency;
THENCE North 89°04100" West, 124.56 feet to a point of curvature of a curve
to the right, having a radius of 232.50 feet, a central angle of 45°00.00"
and a long chord of North 66°34100" West, 177.95 feet;
THENCE along said curve an arc distance of 182.61 feet to the point of
tangency;
THENCE North 44°04100" West, 218.35 feet to a point for corner;
THENCE North 45°56100" East, 65.00 feet to a point for corner;
THENCE South 44°04100" East, 218.35 feet to a point of curvature of a curve
to the left, having a radius of 167.50 feet, a central angle of 45°00100"
and a long chord of South 66°34100" East, 128.20 feet;
THENCE along said curve an arc distance of 131.55 feet to the point of
ta ngency ;
THENCE South 89°04100" East, 124.56 feet to a point of curvature of a curve
to the right, having a radius of 82.50 feet ,a central angle of 44°30'23"
and a long chord of South 66°48148" East, 62.49 feet;
THENCE along said curve an arc distance of 64.09 feet to a point for
corner, said point being in said S.H. 26 R.O.W. line, and being the POINT
OF BEGINNING and CONTAINING 35,006 square feet or 0.804 acres of land, more
or less.
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C1:RVE DA"I'A
CURVE DELTA RADIUS TANGENT LENGTH
C-1 44°)0'2)" 82.50' 33.76' 64.09'
C-2 45'00'00" 167.50' 69.38' 131.55'
C-3 45'00'00" 232.50' 96.31' 182.61'
C-4 42°40'21" 17.50' 6.84' 13.03'
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LOT I - BLOCK I
AEGON OFFICE
PARK ADDITION
FIRST Fill NG
N 45056'00" E
65.00'
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INSURANCE CO.
VOL. 9796+ PG. 1375
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VOL. 1328, PG. 523
S 45056'OO"W
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EASEMENT NO. 1
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SCALE· I": 100'
DATE: 12/7/89
EXHIBIT IAI
651 DRAINAGE
EASEMENT
..
PROJ. NO. 9670-1000- 3
~ Graham Associates, Inc.
~ CCNSlUN3 ENCJN;ERS & f'lMIIERS
EASEMENT NO. 2
50 FOOT DRAINAGE EASEMENT
BEING a 0.320 acre tract of land in the L.C. Walker Survey, Abstract No.
1652, Tarrant County, Texas and bei ng out of a tract of 1 and conveyed to
National Old Line Insurance Co. by deed recorded in Volume 9796, Page 1375,
Deed Records, Tarrant County, Texas. Said 0.320 acre tract being more
particularly described by metes and bounds as follows:
COMMENCING at the intersection of the north westerly right-of-way line of
State Highway No. 26 (100 foot R.O.W.) and the west right-of-way line of
Precinct Line Road (a variable width R.O.W.);
THENCE South 45°56100" West, along said S.H. 26 R.O.W., 125.44 feet to a
point, said point being the beginning of a non-tangent curve to the left,
having a radius of 17.50 feet, a central angle of 42°40121" and a long
chord of North 67°43149" West, 12.73 feet;
THENCE leaving said S.H. 26 R.O.W., along said curve an arc distance of
13.03 feet to a point;
THENCE North 89°04100" West, 24.52 feet to the POINT OF BEGINNING;
THENCE South 45°56100" West, 304.04 feet to a point for corner;
THENCE North 44°04100" Wes t , 50.00 feet to a point for corner;
THENCE North 45°56100" East, 254.04 feet to a point for corner;
THENCE South 89°04100" East, 70.71 feet to the POINT OF BEGINNING and
CONTAINING 13,952 square feet or 0.320 acres of land, more or less.
n9910
0706
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NATIONAL OLD LINE
INSURANCE CO.
VOL 9796t PG. I 3 7~
DR.C.T
POINT OF
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TESCO POLE EASEMENT
VOL, 1328, PG. 523
N 89°04 'oo"w
24.52' . /~ S 45056'OO"W
S89004'OO"E C,/ 125,44'
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EXHIBIT 1\'
50' ORAl NAGE
EASEMENT
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EASEMENT NO. 3
EXHIBIT A
30 FOOT DRAINAGE EASEMENT
BEING a 0.251 acre tract of land in the L.C. Walker Survey, Abstract No.
1652, Tarrant County, Texas and bei ng out of a tract of 1 and conveyed to
National Old Line Insurance Co. by deed recorded in Volume 9796, page 1375,
Deed Records, Tarrant County, Texas. Said 0.251 acre tract being more
particularly described by metes and bounds as follows:
COMMENCING at the intersection of the north westerly right-of-way line of
State Highway No. 26 (100 foot R.O.W.) and the west right-of-way line of
Precinct Line Road (a variable width R.O.W.);
THENCE South 45°56100" West, along said S.H. 26 R.O.W., 807.12 feet to a
point;
THENCE South 45°18105" West, continuing along said R.O.W, 176.14 feet to
the POINT OF BEGINNING;
THENCE North 38°56132" East, 283.66 feet to a point for corner;
THENCE North 15°56100" East, 70.85 feet to a point for corner;
THENCE North 00°56100" East, 28.28 feet to a point for corner;
THENCE North 15156'00" East, 71.42 feet to a point for corner;
THENCE North 75°56'00" East, 89.43 feet to a point for corner;
THENCE North 45°56100" East, 29.13 feet to a point for corner;
THENCE South 44°04100" East, 15.00 feet to a point for corner;
n
THENCE South 45°56100" West, 63.15 feet to a point for corner; \
V
THENCE South 75°56'00" West, 50.15 feet to a point for corner;
THENCE South 15°56'00" West, 50.15 feet to a point for corner;
THENCE South 00°56100" West, 28.28 feet to a point for corner;
THENCE South 15°56100" West, 68.00 feet to a point for corner;
THENCE South 45°56'00" West, 4.81 feet to a point of curvature of a curve
to the left, having a radius of 1021.71 feet, a central angle of 02°28156"
and a long chord of South 44°41132" West, 44.26 feet;
THENCE along said curve an arc distance of 44.26 feet to the point of
ta ngency;
THENCE South 43°27104" West, 253.62 feet to the POINT OF BEGINNING and
CONTAINING 10,923 square feet or 0.251 acres of land, more or less.
09910
0708
LOT I - BLOCK I
AEGON OFFICE
PARK ADDITION
FIRST FILING
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A = 2°28156"
R = 102 I . 71 '
T = 22.14'
L = 44,26'
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NATIONAL OLD LINE
INSURANCE CO.
VOL. 9796t PG, 13H
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EASEMENT
N 45°56'OO"E
2 9.13
N75°56'00"E
89.43
N 15°56'00" E
71.42 '
S 44°04'OO"E
15.00
N 00°56' 00" E
28 .28
N 15°56'OO"E
70.85
EASEMENT NO. 3
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EASEMENT
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SCALE: 1"= 100'
DA T E: I / 05 / 90
PROJ. NO. 9670-1000-3
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WATER COURSE MAINTENANCE AGREEMENT
KNOW ALL MEN BY THESE PRESENTS THAT:
WHEREAS, by plat denominated "AEGON Office Park Addition, First Filing, Lot 1, Block 1 ("Plat")
approved on October 23, 1989, by the City Council of the City of North RicWand Hills, Tarrant County, Texas,
("City"), AEGON USA Realty Advisors, Inc., was permitted to develop the property legally described as
Parcel Ion Exhibit "A" attached hereto in accordance with the Plat, and
WHEREAS, as a condition to approval of the Plat, the City required construction of a detention pond
which shall be located on the property legally described as Parcel II on Exhibit "A" attached hereto (Parcel I
and Parcel II hereafter collectively referred to as the "Property"), and
WHEREAS, AEGON USA Realty Advisors, Inc. has transferred the Property to National Old Line
Insurance Company, an Arkansas corporation ("Developer"), whose address for purposes of notice hereunder
is c/o AEGON USA Realty Advisors, Inc., 4333 Edgewood Road N.E., Cedar Rapids, IA 52499, and
WHEREAS, water courses must be constructed from such detention pond through other property
owned by Developer, terminating at State Highway 26, and
WHEREAS, the City is willing to permit Developer to construct earthen water courses (the "Water
Courses") in accordance with plans approved by the City, as opposed to concrete Water Courses, provided that
Developer agrees to maintain such earthen Water Courses.
NOW, THEREFORE, Developer agrees as follows:
1. Developer shall construct, at its sole cost and expense, the earthen Water Courses ill
accordance with plans and specifications approved by the City.
2. Developer shall maintain the Water Courses 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.
3. Should Developer fail to remedy any inadequacy in its maintenance of the Water Courses 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 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.
4. The agreements made herein shall be binding upon Developer, its successors and assigns and
shall be a covenant running with the land.
5. This Agreement for maintenance shall terminate upon Developer's construction and completion
of concrete Water Courses in accordance with plans to be approved by the City. By acceptance of this Agreement, the City agrees to execute a recordable termination of this Agreement upon the City's acceptance
of the completed enclosed Water Courses in accordance with this Paragraph.
Executed this ~ day of March, 1990.
09910
0710
NATIONAL OLD LINE INSURANCE COMPANY
/~~ &~~
Thomas Nordstrom, Vice President
By:
STATE OF IOWA
55:
COUNTY OF LINN
'\, ,. ii My Commission Expires: &1 c9- ./ ~~; ~- 9 ()
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'. 'iAttorn~y for the City of North Richland Hills
This instrument was acknowledged before me on March ~, 1990, by Thomas Nordstrom, Vice
fsident of National Old Line Insurance Company, an Arkansas coqSÓration, on behalf of said corporation.
. q' , ~,.f¿.~ . ¿ü. /'~/. è:.J~ A)
. Notary: c in aIµtfor said State
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Notary's Minted Name
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PARCEL I
17.02 acres of land situated in the L. C. Walker Survey, Abstract No. 1652,
Tarrant County, Texas and also being a portion of an 25.939 acre tract and a
50.001 acre tract conveyed to The Fort Worth National Bank of Fort Worth,
Texas, Trustee (1/2 interest), Prudence Wyman Lucas (1/4 interest), and James
A. Lucas, Trustee of Nancy Lucas Traweek Irrevocable Trust (1/4 interest),
said 17.02 acres of land being more particularly described by metes and
bounds as follows:
BEGINNING at a point in the west line of said 50.001 acre tract, said point
lies S 000 12' 34" W 664.0 feet from the northwest corner of said 50.001 acre
tract;
THENCE S 890 47' 26" E 698.97 feet to a point for corner;
THENCE S 000 12' 34" W 614.10 feet to an angle point;
THENCE S 440 04' E 147.20 feet to a point for corner;
THENCE S 450 56' W 561. 33 feet to a point for corner;
THENCE N 880 OS' 58" W 400.00 feet to a corner;
THENCE N 000 12' 34" E at 100.00 feet pass a 3/4 inch pipe in the north line
of said 25.939 acre tract and also being the southwest corner of said 50.001
acre tract and continuing in all 1099.57 feet to the POINT OF BEGINNING and
containing 17.02 acres of land.
PARCEL II
Being a 1.529 acre tract of land situated in the L. C. Walker Survey,
Abstract No. 1652, Tarrant County, Texas, and being a portion of Tract One
conveyed to James Darrell Potts by deed recorded in Volume 9305, page 305,
Deed Records, Tarrant County, Texas. Said 1.529 acre tract being more
particularly described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod found at the northeast corner of the
aforementioned Tract One, also being the southeast corner of a tract of land
conveyed to Margaret L. Chambers by deed recorded in Volume 4194, Page 663 of
said Deed Records;
THENCE South 00 deg. 12 min. 34 sec. West, 667.63 feet to a 3/4 inch iron rod
found for corner, said point being the southeast corner of said Tract One;
THENCE North 88 deg. OS min. 58 sec. West, 100.04 feet to a 1/2 inch iron rod
set for corner;
THENCE North 00 deg. 12 min. 34 sec. East, 664.71 feet to a 1/2 inch iron rod
set for corner;
THENCE South 89 deg. 46 min. 29 sec. East, 100.00 feet to the POINT OF
BEGINNING.
EXHIBIT "A"
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