HomeMy WebLinkAboutRES 1996-025 RESOLUTION NO. g6-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS AUTHORIZING THE CITY MANAGER
TO EXECUTE A STREET RIGHT-OF-WAY EASEMENT
DOCUMENT DEDICATING A VARIABLE WIDTH STREET
RIGHT-OF-WAY LOCATED ACROSS THE SOUTH
BOUNDARY OF THE FUTURE CITY OF GRAPEVINE FIRE
STATION SITE ON ANDERSON GIBSON ROAD, A STREET
RIGHT-OF-WAY EASEMENT DOCUMENT ACCEPTING THE
DEDICATION OF A VARIABLE WIDTH STREET RIGHT-OF-
WAY FOR ANDERSON GIBSON ROAD, A STORM
DRAINAGE EASEMENT DOCUMENT ACCEPTING
DEDICATION OF A STORM DRAINAGE EASEMENT
SERVING THE MALL SITE, 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
�w WHEREAS, as a condition of the development of The Grapevine Mills, The Mills
Corporation is reconstructing and widening Anderson Gibson Road adjacent to the
proposed fire station site, and
WHEREAS, the dedication of street right-of-way from property owners abutting
Anderson Gibson Road is necessary for the planned reconstruction and widening, and
WHEREAS, the City of Grapevine owns a tract of land located on Anderson
Gibson Road, planned for a future fire station site, and
WHEREAS, dedicating street right-of-way from City owned property will benefit
the City of Grapevine, Texas, and
WHEREAS, accepting the dedication of street right-of-way from Hunt Building
Corporation will benefit the City of Grapevine, Texas, and
WHEREAS, development of the Mall Site requires the construction of a large
scale storm drainage outfall system into Denton Creek, and
WHEREAS, the planned outfall crosses private property located between
Anderson Gibson Road and Denton Creek, and
� �
WHEREAS, accepting the dedication of a storm drainage easement from Hunt
Building Corporation 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 street right-of-way easement dedication document, Exhibit "A"
attached hereto and made a part hereof, dedicating the necessary
street right-of-way for the planned widening and reconstruction of
Anderson Gibson Road adjacent to the fire station site.
• a street right-of-way easement dedication document, Exhibit "B"
attached hereto and made a part hereof, accepting the dedication
of the necessary street right-of-way for the planned widening and
reconstruction of Anderson Gibson Road from Hunt Building
� -- Corporation.
• a storm drainage easement dedication document, Exhibit "C"
attached hereto and made a part hereof, accepting the dedication
of the necessary storm drainage easement for the planned storm
drainage outfall system serving the mall site from Hunt Building
Corporation.
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 gth day of ���y , 1996.
�.,:��
RES. NO. 96-25 2
APPROVED:
William D. Tate
Mayor
ATTEST:
;
Linda uff
City ecretary
APPROVED AS TO FORM:
,_,�..
Sfan Lowry
,. , Assistant City Attorney
RES. NO. g6-25 3
EXHIBIT "A" ���ii�i i� �'0 �. yG-?�.s
�a�� i.-.L_ of `1
STREET RIGHT-OF-WAY EASEMENT GRANT
�
THE STATE OF TEXAS )
)KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT )
THE CITY OF GRAPEVINE, a Texas Municipal corporation ("Grantor"), for independent
consideration acknowledged, received and confessed, and the further benefits to be derived by
Grantor as a result implied, has this day GRANTED, SOLD and CONVEYED, and by these
presents does hereby GRANT, SELL and CONVEY, for street right-of-way purposes for the
passage of vehicular and pedestrian traffic, together with the customary uses attendant thereto,
including drainage and utilities, over, under, through, across and along all that certain tract or
parcel of land situated in Tarran[ County, Texas described on Exhibit A attached hereto and
made a part hereof and as depicted on Exhibit B attached hereto and made a part hereof (the
"Premises").
"�j i' Should the Grantor herein be a legal entity other than a natural person, it shall be conclusively
presumed that the person herein signing on behalf of Grantor has been dul_y and legally
� authorized to so sian and there shall be no necessiry for a seal or attestation.
TO HAVE AND TO HOLD the Premises, together with all and singular the rights and
appurtenances thereto, for the uses and purposes herein set forth so long as the Premises is used
as a street right-of-way for the passage of vehicular and pedestrian traffic; and Grantor does
hereby bind itself and ics successors and assigns to warrant and forever defend all and singular
the said Premises against every person whomsoever lawfully claiming or to claim the same or
any part thereof.
The Premises conveyed hereunder consists of a permanent right-of-way for roadway purposes
together with an additional area adjacent to the permanent right-of-way to be used as a
temporary construction easement. Said temporary easement shall be (20) feet in width and
immediately adjacent to the permanent right-of-way for the fuil frontage of the above described
Premises conveyed by Grantor hereunder. Said easement may be used, should any con[ractor
find it necessary as a temporary easement upon which the contractor may place men and/or
equipment in connection with construction of the street right-of-way in the Premises_ Upon
completion of the street right-of-way, said temporary construction easement shall automatically
terminate.
��
�
�3��1i�i1`�„ TO � . �'�- z�
�a�e =�. of �
�
IN WITNESS WHEREOF, the Grantor has executed this Deed as of the day of July 1996.
�
GRANTOR:
_ CITY OF GRAPEVINE, TEXAS, a
Texas municipal corporation
By:
City Manager
By:
Secretary �
BEFORE ME, the undersigned, a Notary Public, 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 for the purposes and consideration therein
expressed.
�
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of Ju(y, 1996.
Notary Public Signature
Notary Public Printed Name
My Commission Expires:
��
� RHG2254 06/17/96 1147 - 2 -
EXHIBIT A ���I�I�-_.� TO �. Y�-Zj�''
Pa;e 3 pf .SC
�
Metes and Bounds Description
0.266 Acre
� Fire Station ROW Dedication
Heirs of James Gibson Survey, Abstract No. 587
Tarrant County, Texas
BEL'�1G a tract of land situated in the Heirs of lames Gibson Survey, Abstract i�,'o. 587, Tarrant
County, Texas, and being a portion of a cailed 0.7730 acre tract of land as conveyed to the City
of Grapevine and evidenced in a Quitc(aim Deed recorded in Volume 8599, Page 2373 of the
Deed Records of Tarrant County, Texas (DRTCT), said tract being more particularly descnbed
by metes and bounds as follows (be�-ings based on the City of Grapevine control
monumentation):
BEGINNING at the southwest corner of said 0.7730 acre tract, said point also being on the
centerline of Anderson-Gibson Road (a called 40-foot wide undedicated right-of-way):
THENCE North 02�41'3S" West, along the west line of said 0.7730 acre tract, 90.19 feet to a
point for corner at the beginning of a non-tangent curve to the right;
�,.,,
' THENCE along said curve to the right having a radial beanng of South OS° 14'27" East, a delta
angle or 04�� I'3�", a radius of 56�.00 fe�t departing said �.vest line, an arc len�h of 44 b� :�e" to
�.. .
a point for corner;
TI-�ENCE North 89° 17'08" East, a distance of i?229 feet to a point �or coRler on the east line of
said 0.7730 acre tract;
Tk�NCE South 02�42'43" East, along the east line of said 0.?7;0 acre tract, a distance of��4 S0
feet to a point on the centerline of said Anderson-Gibson Road;
T�NCE South 74�33'17" West along said center(ine a distance of 184.�3 feet to the POIi�1T
OF BEGINNING and containing 0.266 acres of land.
�
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EXHIBIT B
--- ,,
TO �v. l -.�S
Page '� of �
----._.__
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� vO�UME �GB�. ?aGF. 060t �.R i.C.r
I
� �
� FIRE STATION SITE EXHIBIT
� r CRAPE�INE. TARRANT COUNTY. TEXAS
/r�/� Kn�leyfiorn
�.��L� �ne Asrodair�hc
JtiVl �T �ttUUIVl�n 6 WULt't 11;90. ! + 'f— 5—yG � lY� lU!'M � I'! r I, tJ IY/ yG4—ZY30'' tllY 4b1 UJCy;it 5
c;�hi�i�� TO �� Y� -.�s
� Exhibit "B" �;��e -._�_ Of �_
S��T B.YGHT-0F WAY EAS��ENT �tANT
THE STATE OF TEXAS ) .
�"°'w' ) KNOW ALL MEN BY THPSB PRES�NTS:
COUNTY OP TARRANT )
Thet �I/A GRAPEVINE JOINT VB�TTURE, a Texas joint ventwe ("Grnntar"), fo�
and in considerarion of thc sum of One Dollar ($l.00) cash paid to it by the City of Crrapevine�
Tcxas ("Grantce"), a municigaI corporarlon, and othcr good and valuablc considcration, thc
rcceipt of which is hereby acknowledge� and confossed, and the furrhet benefits to be derived
by Crrantor as a result implzed, has this day GRANTED, SOI.D and CONVEYFD, anQ by these
presents does hereby GRANT, SELL and CONVEY, to Grantx cxdusivdy for stroot right-cf-
way purposos for the pasaage of vchicu.laz and padestrian traffic, together with che custnrt�ary
uscs auendant thez�to, including draina�e and uatiacs, and iarsdstapirtg� wer, undcr, ttu�ough,
across aud along all those certain truts ar parcels of land (collectively the "pt�emises") situatod
in Tarrant County, Texas, deSc�rib�d on Fachibit A, F.xhibit B and Exhibit C attac�d herer�o and
made a part h�f. ��
SUBJECT, HOWEYk�t, tt� the foilowing reservadons from and exceptions o0
conveyance and warranty:
(i) T2Xes foz the years 1996 and thereaf�sr, which taxcs hava bacn proratai
as of che datc hcroof aad thc paymetit of which is hurby exprossly assumed by GTanbce;
�
(u) F19emtrit5, resui.ctions, rasc,zvati.ons, Qansfers, cov�rtanta, and
righcs-of-way of rcoor+d and/or appar�nc on thc Premises, and all c�ther matters af reoord
which affect the Premises; and
(iii} A,ny disez�e�anci�s, conflicts, or shortages in area or boundery lines, ar any
encroachments, or zny overlappinE of improvements.
TO HAYE AIr'D TO HOLD the Promixs, togett►er with a11 and s�ngular the rights and
appurtenareces thereto, in anywise b�longing ro Grantee, its successora and assigna fo�ver, and
Grantor does hereby bind itsdf, its succ�asors and assigns, to warrant and forcv�s dcfmd all and
siugulac the Prt�mist,� to Granaee, its succcssors and assigns, against cvory penon whomsoavar
lawfuliy claiming or to c.laim ttu sam�or any�art theteof by, chrou�h or under Grantot 2u1d not
othcrwisz.
In �dditlan co the Premises c�veyed hereunder, Grancor h�reby grancs ca Grancae a
test�porary oonstrueiion wemtnt twrnry (20) feei in width locatod immediatety ac�jactnt oo the
fl�11 &ontage of the Premi�es_ Zhe tesrtporary con�truction ea9emem may be usod, siwuld at�y
contractor find it necessaz�y, as a tempotary aasement upon which th�o�tra�tor m�y pla�cc mm
andlor equi�mtnt in coanectian with coastruction of the st�t right-of-way. Upoa completior�
of the smeet ri,ght��-way. the �amporuy construction e�semeat shAll auoomatically oerrrriaaoc.
�
OTi64�$OWMAIIrlBN9Si4.1 �
�
���v� .sr •r,uuiv.�n Cc WULrt ��go. � ; 7— J—yb ; �z� � ��t+� ; ��� r i, c3 t Z� y6a—«3n-+ 61'! 461 U369:�t 6
� ��-� .�`�-�s
EXHI�II TO
Pa�e 3— of ._�
Notwithstanding chc foregoing, any use of che tempotary conswction eascment shalI nct at�ny
""�' amc ctycroach or�co Otantor's aceat
�l P�opertY.
Thc PTr,mises described herein is a part of a large:r tract of fand ("Joint Vent�u,o Land")
�"" conveyed to Crrantor by Dead filed of c�ecord in Volume 94124, Pa�e(s) 02000, Deed recordg
of Turant Counry, Sta[e of Texas. t�rrant�or Peserves the right to conspvct curb cuts to �p�e
access co che street n�ght-of-way constructtd on the Premiscs fnr rhe batefit of the Joint Ventur�
Land, subject to approv�i of the City and no other garry.
In the event that all or any portion of the street ri�hc-of-way is re�ared and m�intained
by any private party or parties by agreement with Grancez, chen Qrancee covtnancs and a�ree�
co enforc;e such obligation tn rcpair and maintain the s�eet right-of-way coristructed an the
Premises �nd shall itself proYide the neeessary r�pair and msintenanoe�rr thc event of su�h third
parties obligatnd ta do so shzil fail co fl�lfill and compIy with cheir obii�ahons ar�th reapect to
fep�ir arid mafntet�antx of th8 s�'eet right-of-way constivcted or� the Premises.
F.XECVI'$D as of the day of Jtily, 1996.
H/A GRAk�VWE JO�N'I' V��IT'UBE, a
Texas joint venture
�,.,,� By Hunt Building Cnrporation, a
Texas cor�oradon, its �fanaging Venttu�er
`�
$y:
Ronzld C. Glover, �cecuti�e Vlce
President
ACCEPTED:
CITY OF GRAPEvIIr'E, TEXAS
BY=
'Y�r.nt Petty, C�ty vlanager
AitL'SL'
�
�y:
�. ' S��'
on�a.oc�ao„�nr�.y,s6s,, a
Jt(VI tiT�KUUIVlli11 t'k WULrt 11;90. ) i f— 5—`JO ; l'L� llh'M � 1'/ t'I. l;S1Ll `JU4—C'L;�b'' C1'I 4C1 UJb`Jiii !
EXHI�IT.� i 0 ��--�. ��-,�S
?a-%(. 3 Of �_
STATE OF TEXAS )
)
"`� COUNTY OF Fs.. PASO )
This instrument was aclrnowlcdged before ma on , 1996, by Rotia.td C.
Glover, Fxecutive Vice Presidcnt of Hunt Building Corparation, a Te�cas cozporadon, Man�ing
Joint Venturer, of HJA GTa�xvine Joint Vencure,.a Texas jainc vencure, on bthalf af aaid 7oinc
v��.
(NOTARY PUBLIC SIQNATURE)
STATFs OF TEXAS )
� .
COUNTY OF TAR.RANT )
This instrument was aclrnowledgcd b�forc me on , 1996, by ?rer►t Pefty,
''�� Ciry Manages of the City of Grapevine, Texas, a municipal corporetion, on behaif of said City.
(NOTARY PUBLIC SIGNATURE)
A�TER RECORDING RE'IVRN TO:
�
�
vn�.amorx�au�.ssd..i 3
JCIVI �T •KUUIY1�11 8� WULrt tl,g0. J � 7— 5—yb � 1Z�UtlNM + l'1 rl, lsl'L) yb4—Y'LJtl� G1'! 4C1 �36y;A 1
� Exhibit "C" �XH1B1T� �`� �Fa . ��-�-5
=a�� .� � � �—
S'�'QA.M U$,AINAG� EASF�ffi�TT
� .
�
STATR OF TERAS )
) �NOW ALL Z1�.EN BX TgFSE PRESENTS:
COUNTY OF TARRANT )
I• That HIA GR.APEVIIVE Jp1N'Z'Vgr�'I'URE, a Taxas joint ve�ture("C�s.otor"),
fox the sum of Onc I}ollar ($1.00) cash paid to it by thc Ciry of C3rapevine, Texas (tha "Clty"),
a municipal corporation, and for othei good and valuable consideration, the rxeipt of which is
hemby acknowlodged, ar�d upoci che terms, conditions and limitaaons acpresscQ herein, has
GR�►N'I"ED, SOLD and CON'VEYED, anC Qo�s hereby GRANT, SELL ar�d CONVE'Y, to t�o
City, �d its successors, aa casement for the gurposc of constructinE. recons�vcting and
mainraining, ac che C�cy's coat, a storm drainags faaility upon, under and a�cross che parcel of
l�d desczibod on Exhibit A att�chod hatto and made a part hcreof, as dspicted on the pl2.z�
attached as Exh�bit B hereto and made a pazt h�reof (thc "Eas�eat Arra"), such storm
draina;ge faciliry to be construct�d ptuauant co scarm drainzge engineexin8 Plans a�prev�d by the
�::.�
City.
�
n- 'I'he easement, rights and privileges herein grantcd shali be used orily for the
�bove stated purposc and no other purpose, and the City shall not insrall in the Easement Area
any urilitles or impznvcmcnts other th8n the storm drain�ge faciliry. Grantor may use 3nd have
�cess � �h� swrm drain�gt facality c�nstn,cted on the Easemeat Arra upon the pnor a.pproval
of the Ciry, which apprev�l shat� not be u�re���y withhcld.
III. In addipoa to the P.asorncnt Area h�rein desi�nated, Crrantor grants to the City a
�Pe�y �strucnOtl ca8Cti18rit (t�18 "TempOrai'y E�e�t"�) arhlCh COtISttliC�Ot1 CaSernt�lj
ahiil eztes�d ihirry (34) faet on tither sid�of and parallel co tfic F.�sement Area as shown on du
plan a¢ached hene�o a= Exhibit B. The Tempc�raiy Fase�er�t sha� �� � ��
of cons�ueriion of tho storm drainage {�ility in thc Pasemtnt Area. �
N- 'Ihe C�ty shall have the right� Psivilog� attd cas�mrnt tfl (a) �mwe u+d dispose f
'' of. ta ati offsite lec�va�, any �q, brush, aebris-� excoss excavatcd material, aud other mat�tial
�
vne+-u�maw�IIrieu.ssm.i
.J���i :+i •.i�vv��:vn a wvlf C llic�V. / � �- �-.�o � I C•UyF'M � I f t- I, t� I[J yC4-Z'L3Ei-� ���) 48� 0369�� 3
�X�11�IT � TO ��-ei>. ��-.3S
Pa�e � _� . o� �_
in ttie �asemcnt Arca that would inteif�rc with ac,ccss tn the Pasement Area and that would
inrerfere with canstruction, reconstruction and p�rpetuai maintpter�ce of the storm draina�t
� facility constructed in tbc Eas�ement Area; and (b) ao I�y, conatruct, rcconstruct, malntafn,
inspeci, opesate► repair, z�e�Plac,�, change the sue of, prooact and r�mave th,� �torm drair�age
f��ry � �e �� �� �E��' �ith tfie right to maiae oonnections therer4 anQ such
reasonable rights of ingress and eg�ss to the P.asemertt Area from public raads.
V. This easement is grantad upon the condiaon that �ee City wi11 at ail times, after
ent�ring upon ttie Easement Arca and/or daing any work in conne�tion with the construction,
re�nstruction ar re�ai,r af said atorm drairsage facil�ry, at its cost reptir �ny damRge ta t�C
�'asement Area and restarc the Easemenc qrca to a like condioon i.n which same was found
beforo such cntry and/or work was undtrtalaer�, includ�.ag re�au of ail fences that might be
disturbed ox dan�aged in entcring and/or perforzning s�id work, and further upon the condidor�
that in the ust of the aPoresaic� rights and eascmcnts hea�ein granted, th� City shall not c�t� a
nuisance, do any act chac will be detrimentaI to Qrancor's adjar.ent propercy.
��
�I. Grant�or agrccs chat che storm drainage facility to be installed in the Easemaic
Arca shall be uaiized for thc hc,ncfit of and to s�ervice ptoperty locatcd in the City of GTapevinc,
T:xas, a� det��ined by the Ciry. Grantor agzees that chis easemrnt shall ovnsatuu a perpctua�
easement. C�rantor agrees that thi,s easemcnt sh,a1� b�a bindi�g upon Granwr, it suvicessors and
assigns, and inure to the bes�efic of the City and its successo.ts,
�II- This EasBmenc 9hall automatiralty ccnninate and�ie of no furth�r forc8 and effeci
in the event that tho City shall not commencc, or cause co bc commencxd, cons�uction o.f the
storm dre.inage fuility in the Easement Aztia within twuity-four(�4) manths following the date
of �cording of the P.asemeat. Should the �ty fail or r�fuse to pcform any undertahng ot
obligation u�ain� her�eunder. ali rights and pririleg8s grantod hereby shall t�rmiaato at�d be of
no further fiorce and e£foct.
�
�r�. ,
m�c-oc�oweua�usiat��s.t �
,���vi C3T•rtUuirl�n a WULrt lUgO. ! � �J- 5-yti � 1'1-Uy!'M � I"I t-I, (31Y) 964-2238'� 817 481 0369�Ji 4
EXH(81T� TO �- 5'� - �-�S
Page 3 of �___�_.__
�C'LTT�D as of the day of July, 1996.
� HI,A, G��!►�'��'VIlY.E IOINT YFNTURE, a
� Texas 3ofnt v�ntun
By Hunt Building Corporation� a
Texas oQrpbration, iu Managing V�turer
By:
Ronald C. Glover, Exxutive vice
Pre�ident
STATE OP TEXAS ) • �
)
COUNTX OF $L PASO }
��° This in�ument aras acknowlod$ed before me vn , 1996, by Ronald C.
' Glova, Execucive Yice presidcnt of Hunt &ulding Corporation, a Texas corporarion, Ma,na�in�
3oint Yenturcr, of HIA Grapevine 7oint veritUre, a Texas joint vcntvr�, on bchalf of said 7oint
VG�turc.
(NOTAR Y P UBL1C SIONATUB.E)
AFI� RfiCORDINQ R�?'I'URN T0:
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