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Home My WebLink AboutRES 1996-024 RESOLUTION NO. 96-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A SIGNAGE EASEMENT DOCUMENT ACCEPTING DEDICATION OF A SIGNAGE EASEMENT FROM GATEWAY CENTER ASSOCIATES, IN THE CITY OF GRAPEVINE, TEXAS; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, The Mills Corporation is planning the development of The Grapevine Mills immediately adjacent to Anderson Gibson Road and FM 2499, and WHEREAS, the owner of the undeveloped tract immediately north and contiguous to the Mills site wishes to grant to the City a Signage Easement for the purpose of erecting advertising and identification signs for the Grapevine Mills and the undeveloped tract of the Grantor, subject to City Ordinances and Regulations, and WHEREAS, the dedication of this signage easement is desirable for the planned ` development of the mall site as well as the undeveloped tract of Grantor, and � WHEREAS, accepting the dedication of the signage easement from Grantor will benefit the City of Grapevine, Texas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1 . That all the matters stated in the preamble of this resolution are true and correct and are hereby incorporated into the body of this resolution as if copied in their entirety. Section 2. That the City Manager of the City of Grapevine is hereby authorized to execute: • a signage easement dedication document, Exhibit "A" attached hereto and made a part hereof, accepting the dedication of the signage easement for advertising and identifiication signs for the �, Mills Site and the Grantor's undeveloped site, subject to City Ordinances and Regulations. �.�.;�� Section 3. That the terms and provisions of this resolution shall be deemed to be severable, and that if the validity of any section, subsection, word, sentence or phrase shall be held to be invalid, it shall not affect the remaining part of this ordinance. Section 4. That this resolution shall become effective from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 9th day of July , 1996. APPROVED: William D. Tate Mayor ATTEST: �.X � Lind�a Huff City Secretary APPROVED AS TO FORM: Stan Lowry Assistant City Attorney �R,,x RES. N0. g6-24 2 Exhibit "A" EXHIBIT � TO �' � ��""'� u SIGNAGE EASEMENT GRANT Pa�e � of �° ,.�, STATE OF TEXAS ) �"� ) KNOW ALL 1��1EN I3Y THESE PRESENTS COUNTY OF TARRANT ) thac the undersigned, GATEWAY CENTER ASSOCIATES, LTD., a Texas Limited Partnership ("Grantor"), for and in consideration of the sum of one Dollar ($1.00) cash to it in hand paid hy the City of Grapevine, Texas, a municipal corporation of the County of Tarrant, State of "l�exas, and other �ood and valuabie considera[ion, the receipt of which is hereby acknowledged, does hereby GIVE, GRANT, EXTEND, CREATE and CONVEY to the Ciry of Grapevine, Texas, its successors and assigns (the "City"�, the non-exclusive right and easement to construct, reconstruct, perpe[ually maintain and use identification signage and related tacifities upon, under and across the parcels of land legal�y describeci on Exhibit A a[tached hereto and made a part hereof, and substantially as depicted on the plan attached as Exhibi[ �3 hereto and made a part hereof (the "Easemen� Area"), subject to ali �atters of record and matters that an accurate �� urvev of the Easemer� .-�rea wou(d disclose ar,d also to the resen�a[ions and conditions herein ��i t�orth. �� I_he �,rant of easemen� c;eated herein to �he Cit�� shall be �ubject to reser��tion by Gran�or, and Ci�y by its acceptance ot- this easement hereb�� gives and grants to Gran[or, and its successors and assigns, the tollo«�in�� ri�hts: (a) Grapevine Mills Limi[ed Partnership, a Delaware limited partnership and Grapevine Ivlills Residual Limited Partnership, a Delaware limited pannership (collectively "Mills Owners") are owners of ti[le ro those parcels or tracts of land described on Exhibits C and D attached hereto and made a part hereof (the "Mills Parcels"); (b) Gran[or is the owner of ti�le to that parcel or �ract ot land described on Exhibit E attached hereto and ma�e a part hereof ("Gateway Development Parcel"); � ^� RHG2295 07/02/96 1613 �XHIBIT� TO '�'. �6-� � Page a-- Of ��" (c) The owners of the Mills Parcels and the owners of the Gatewav � ' Development Parcel each shall have the riaht to erect identification and advertising signage in the Easement Area with respect to and for the benefit of the developments on � the Mills Parcels and the Gateway Deve(opment Parcel in accordance with the terms of that certain Declaration of Restriction and Reciprocal Easement Agreement between Gran[or and Mills Owners dated and recorded on or about the date hereof (the "Declaracion") and subject to the ordinances and re�ulations of the Ciry; (d} So lona as Gran[or or the Mills Owners and their successors, grantees and assi�ns, shal! utilize or intend to utilize signage in the Easement Area under this Easement Gran�, each such party shall main[ain and repair its respeccive si�nage erected in the Easement Area, and all u[ilities and other facilities pfaced in che Easement Area in connection witfi such signaQe, at its sole cost and expense in accordance with the Declaration, with no costs being imposed upon or assumed by the City in connection therewith; provicled, however, that Mills Owners shall main[ain and repair all landscapin�� installeci in tl�e Easemen[ Area. Each party shall pav its o��n utility e�sts ,,�,..� associat�d with i�s respec�ive siQnage ie the Easement Area. In the event that any such �; partv shall fail e�r retuse to �l�aintain or repair ics siona17e a� reyuir`d hereunde;, �he other party shall have tt�e ri`�ht, but not the oblivation. to do so and the party f�ailing or retusinv co perf�urTn the required maintenance and repair shall be obli�a[ed eo reimburse [o [he other party for any and all costs and expenses incurred by such party, to�ether with interest at the rate of eiy�hteen percent (18%) per annurn on ali monevs so expended until repaid and the party incurring such costs and expenses shall have the riah[ to receive such arT�ounts by an appropriate action of (aw. (e) The Ciry shafl not erect any siQnaQe in, �rant [o any third parties [he rights to erect signage in or use or grant to any third parties any rights to use the Easemen[ Area unless Gran[or and che Mills Owners and their successors, grantees and assigns abandon or evidence their intent to abandon the Easement Area; and (� The Easement Area shall not be utilized for any purpose other than the � erection of signage in accordance with this instrument, which signage, so long as the � RHG2295 07/02/96 1613 � �i(HI�IT..�.., TO � � ��" z� F�age -- `3 o f i� Easement Area shall be used by or be intended to be used by Grantor or the Mills � Owners and their successors, grantees and assigns, shall identify and advertise the � respective developments on the Mills Parcels and Gateway Development Parcel in � accordance with the Declaration. The City sha(1 not regulate the content of such signage but such signage shall otherwise comply with the ordinances and regulations of the City existing as of the date hereof. TO HAVE AND TO HOLD, the rights, easements and privileges herein granted to the Ciry, its successors and assigns forever. Grancor agrees that the covenants contained in this Easement shall constitute perpetual covenants and easements running with the land and shall be binding upon and inure to the benefit of Grantor, [he Mills Owners and the City and their respective successors, grantees and assijns. IN WITNESS WHEREOF, che undersigned has execu�ed this Easement Granc as of tlle dav of July, 1996. �`" GATEWAY CENTER ASSOCI�TES, a Texas limited partnership � WITNESS: By� DALL�S RENAISS�ti'CE» 1, INC. a Texas corporation By: Its: �'* � RHG2?95 07/02/96 1613 3 �t .� . ��- .� � �XH I 81 T_.___ TO Pa9e j of �� STATE OF TEXAS ) � � COUiVTY OF TARRANT ) � [3EFORE ME, the undersipned, a Notary Public in and for said sta�e, on this day personally appeared person(s) whose name(s) are subscribed to the foregoing instrument and acknowledged to me that they executed the same for tt�e purposes and consideration [herein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of I 996. Notary Public My Commission Expires: � � � � RHGZ?95 07/02/96 1613 � EXNIBIT � TO �"� . y�-'z`f Page �S of � o GRANTEE: � The undersigned consents to the terms of the foregoing Signage Easement Grant. "'�' CI"I'1' OF GRAPEVINE By: City Manager Bv. Secretary F3efor-e me, a no[ary public, on this day personallv appeared and , known to me to be the persons whose names are subscribed to the foregoing dOCUITIf'.Il[ and, being by me first du[y sworn, declared that [he statement therein contained are true and correct. GIVEN UNDER M�' �IAND AND SEAL OF OFFICE, this day �;f July, 1996. Notarv Public �°"'� ti1y Comrllission I�xE�ir�•�: ([:ti"I'ENTIONALLY LEFT f3L:�tih� � � RHG2?95 07/02/96 1613 � E XHI Bl T � T O �`-�-�� `�G^'z`� � Page � of � o iv1ILLS OWNERS: � � The undersigned consents to the terms of the foregoing Signage Easement Grant. �" GRAPEVINE MILLS LIMITED PARTNERSHIP, a Delaware limited partnership By: GRAPEVINE MILLS OPERATING COMPANY, L.L.C., a Delaware limited liability company, its general partner By: THE MILLS LIMITED PARTNERSHIP, a Delaware limi[ed partnership, its operating member By: THE MILLS CORPORATION, a Delaware corporation, i�s genera( partner By: Its: � GRAPEVINE v1ILLS RESIDUAL LII��IITED PARTNERSHIP, a Delaware limited partnership � Bv: GR:�PEVli�iE ��IILLS RESIDUAL OPERATItiG COti�IPANY, L.L.C., a Delaware limited liabiliry company By: MILLSSERVICES OF GRAPEVINE, INC., a Dela�vare corporation, its operating member By: Its: � � RHG2295 07/02/96 1613 6 EXH181T � TO �''� - `f�� - ,�: -.2__ �L � r Before me, a notary public, on this day personally appeared p� and , known ro rne to be the persons whose names are subscribed [o the t�oregoing documen[ and, being by me first duly s��orn, cleclared that [he statement therein contained are crue and correct. � GIVEN UNDER MY HAND AND SEAL O� OFFICE, chis day of July, 1996. No�arv Public i�Iy Commission Expires: ,�:��, � � � RHG?295 07/02/9G 1613 7 EXHIBIT � EX�-1181T � TO ��'. ��-�S� Pa�e ._.�— of i �' � Metes and Bounds Desc;-iption Landscape Easements Heirs ofJames Gibson Survey, Abstract No. �86 � and Henry Suggs Survey, .Abstracc No. 1415 Grapevine, Tarrant County, Te�as TRACT l BE�`G a tract of land situated in the Heirs of James Gibson Sur,;ey, Abstract No. 586 in the City of Grapevine, Tarrant Counry, Texas and being a portion of a ca!led 80.6S97-acre tract as conveyed to Crateway Center Associates, Ltd. and evidenced in a special �'Jarranty Deed, recorded in Volume 9799 at Page 0139 of the De�d Records of Tarrant County, Texas, said 0. 129-acre tract being more particularly described by metes and bounds as follows (beann�s based on the City of Grapevine control monumentation): COMMENCING at a concrete monuxnent with brass cap found at the south corner of a visibility clip at the intersection of the south right-of-way fine of Anderson-Gibson Road (a called 40-foot wide neht-of-way) with the current right-of-way line of State Farrn to Market Highway 2499 (Fi�1 2499 (a variable width right-of-way)); *�° �I�i10E South 01°46'42" West along the west nght-of-�vati� l;r,e of said F��i 2499, 53.81 feet to a `/S-inch iron rod set for the POI-N�T OF BEG i � � i(; � ^-i-iENCE Sou:n C 1°4b�4�� Vest continuing aiong said �,vect ri�>;� _ ,t-o,r-�.:�ay line of FM 2499, 39.�2 'eec co a point ror ihe be�innin� o[a curve to the n�nt; TE-�NCE along said curve having a radial bearing of Norh 01°46'2S" Last, a cer,tral angle of SS°;7'20", a radius of 100.00 feet and an arc len�th o[ l�'9 ^=-' ;e^� to a point for corner; ' 'HENCE South 8S�04'29" East, a distance of 44.�4 iee: to a po;r,t for corner; THENCE South 44�28'04" East, 76.38 feet to the POIiv 1' OF t3EGNNING and CONTAINTNG 0. 129 acres, more or less. TR.ACT 2 i3EI�fG a tract oi land situated in the Heirs or James Gibson Survey, Abs,ract No. 586 in the City ofGrapevine, Tarrant County, Te.tas and being a portion of a called �O.b�97-acre tract as conveyed to Gateway Center Associates, Ltd. and evidenced in a special Warranty Deed, recorded in Volume 9i99 at Page 0139 of the Deed Records of Tarran[ County, Texas, said 0. 162-acre tract being more � particulariy described by metes and bounds as follows (beanngs based on the City of Grapevine :ontro( monumentation): � :.`SLRVFY�6-96�l�1NDSCr I.hi1cA d:.LSC (06100S.0�J500GRAPEvi:�e�iIl�LS) PaQe 1 Of? � EXHIBIT '4 TO �� ' �5` �age �r of /v CO�f{'NCING at a concrete monument with brass cap found at the south corner of a visibility clip �,,, at che intersection of the south right-of-�vay line of Anderson-Gibson Road (a called 40-foot wide right-of-��ay) with the current right-of-��ay line of State Farm to Market Highway 2499 (FM 2499 (a variable width right-of-��ay)); � TF-�ENCE South O1`46'42" West continuing along said west right-of-way line of FM 2499, 854.97 feet to a 5/8-inch iron rod set for the POINT OF BEGINNING said corner being the northeast corner of Lot 1 of Crrapevine Mills Addition, an Addition to the City of Grapevine, according to the Map or Plat thereof, recorded in Cabinet � Slide 2718 of the Piat Records of Tarrant County, Texas; THENCE South 46'46'43" West, departing said west right-of-way (ine and along the north line of said Lot 1, S6.S7 feet to a 5/8-inch iron rod set for a corner; TI-�iv'CE North 88� 13'17" West continuing a(ong the north line of said Lot 1, 60.01 feet to a point For corner; 1�NCE North Ol°46'43" Eas� a distance of 021 feet to a point for the beginning of a curve to the nght; TKENCE along said curve having a radial beanng of North 88° 13'17" West, a central angle of 90°00'19", a radius of ]00.00 feet and an arc len�h of 157.09 feet to a point on the �vest nght-of- way line oFFM 2499; ""�� THENCE South Ol'46'42" ��est, a distance of 60.21 feet to the PONT OF BEGI\rNI�1G and CO\iT.�I�,'ING 0. 162 acre o;!and, more or ;ess. � � L:'SUR`/E:'�696Ui1NDSCPI.MS�Sc ASC � ;o63oosovsooc�Evrxsr�.t.s� Page 2 of2 � ExxzBZT a I EXH181T Tp � � r� -.2-5� ; °:�.�e /� of �o ; -- I x� - ?; _ T: I� -+.�.a ' ne[ si.00. +.�w[ ..t�.•.q ..� �6 I •a�. ui� � 50' MOC E�S(uEr�f t0 BR�205 �- �� a.a n.�,.� . i CIECTRiG, v0.uuE 6�7�, v�C[S �o�u�t.� n\ 61] k E15 � On p� � ' \� wi�oSoysi a�'7;°.�n,accrn,c / r/� _—_— — — — — \ i �\ � / — -- –__ _ � �_ \ \� � — - - - - - - - - --- _. - - / �\ / � — — � � � � \�� i i � �,;.�voSC�PE E.aSEti+ENr \ � � � rancr i � I - � �, (0.t 29 aCRE) I I /� I � i I I �� I I i/ i i � � ?�.505 GRCSS �C�.:S / � � c�i�w,�r CGur;? .c;�CurS. lio. � � v. 9799. P. t�5 I ..� 906597 AC � ! i LA�vOSC�PE EASEti+E��i � � � � TR,:Ci 2 i j � ,�.�w co.,s� :,c�E) J , I , ` \. ' ' � I r, �� '�,"" � ' .�� . i � \ �� ,`�''` � I � � � �� / j ! i � / � i � �.s a��..< / � o � �.a«�� / j \ `.� / I ;(� � � � �or � � ° Y \ CRAPEVINE MI�L� AO�I710N i 1 � CABwEr A, S��oE 27ia 6 i �J � pRrc.r I � � +5.�+7 GROSS AC�E.a f � � r � � r I` � � � I , � \ EXHIBIT J � �,vosc.�rE E,�SE)(EYTS C1TY OF CRAPEVI�E �� TARR,��T COUtiTY, TEYAS �� KrNeyrian ►�� u�d Assoc��y 1'�