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Home My WebLink AboutContract 47983-RD1 Page 1 of 5 CITY SECRETARY' C(� R 91613 811812017 2:17 PM PGS 5 , Fee: $32.00 Submitter. CS&98986 IN@'SAE�3 ic6lty.,Recorded by Tarrant County Clerk in Official PublicRecordsMary Louise Garcia ED RELEASE OF DUPLICATE AUG RIGHT OF WAY ENCROACHMENT AGREEMEN011City Secretary Contract No.47983 ORT, We hereby certify that this is a true and Ry STAT OF TEXAS § exact copy of the original instrument. § BENCH K LLC ZVOUNTY OF TARRANT § This TERMINATION OF DUPLICATE RIGHT OF WAYZiVC (".Release") is made and entered into as of this_&day of May, 2017, by and between the CITY OF FORT WORTH,a Texas home-rule municipal corporation("City")and CENTERGY RIVER I LP,a Texas limited partnership,("Licensee"), as the owner of certain real property more particularly described in the attached legal description (the "Property"). The City and Centergy may herein be referred to individually as a"Par "and collectively as the'Parties." WITNESSETH• A. WHEREAS, the City and Licensee entered into a Right of Way Encroachment Agreement, City Secretary Contract No. 47983 (the "Encroachment Agreement")filed on July 19,2016 and recorded as Instrument No.D216160403 in the Real Property Records of Tarrant County; B. WHEREAS, a duplicate original of the Encroachment Agreement between the parties was mistakenly filed on January 6, 2017 and recorded as Instrument No. D217004257 in the Real Property Records of Tarrant County,Texas("Duplicate Encroachment Agreement"); B. The Parties desire to terminate and release the Duplicate Encroachment Agreement. AGREEMENT: NOW, THEREFORE, for and in consideration of the sum of Ten and NoJ100 Dollars($10.00) and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. The Parties, on behalf of themselves and their respective successors and assigns, do hereby terminate and release the Duplicate Encroachment Agreement as of the effective date of this Termination, and each Party does hereby release, acquit, discharge, and quitclaim to the other all of its rights,title,interest,and estate granted to it under the Duplicate Encroachment Agreement 2. This Release may be executed in any number of counterparts,all of which taken together shall constitute one and the same instrument. 3. The Parties agree that the Encroachment Agreement shall remain in full force and effect and is not altered by this agreement. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] EWORTH ORD ARY Release of Duplicate Right of Way Encroachment Agreement TX Page 2 of 5 EXECUTED on the dates of the respective acknowledgements, but to be effective as of the date first above written. CENTERGY RIVER I,LP, a Texas limited partnership By: Centergy West 7th GP, LLC, a Texas limited liability company,its general partner By: A4, West Miller,Managing Member STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on 2417 by West Miller, as the Managing Member of Centergy West Tb GP,LLC,V Texas limited liability company, the general partner of Centergy River I LP,a Texas limited partnership on behalf of said partnership. 1... Notary Public,State of Texas [NOTARIAL SEAL] '�o�`"r'n"�•y ERICA WHITE _a9� Notary Public,State of Texas �. Comm.Expires 03.242021 Notary ID 131056772 nm -2- Page 3 of 5 APPROVED AS TO FORM AND %-I ,F0 101/'R'['H 0 "0 GALITY: —Wn U or A istan Attorney die flar ood.:Dirc&i Planning and DeveloA iient Department ATT� Date: 2017 1 7. Cit Secretary [No M&C Reqtnra] STATE OF TEXAS 7FXA5 COUNTY OF TARRANT This instrument was acknowledged before me on 2017 by Randle Harwood, as the Director of the Planning and Development Deplftmeut of the City of Fort Worth, a Texas municipal corporation on behalf of the City of Fort Worth. . ))1kZ!VZ4 14xublic,State of Te xao [NOTARIAL SEAL] J.C.MCCARTRY ft"PAk*M of Ibm Comm rVW"064jviq AFTER RECORDING, PLEASE RETURN TO: Planning and Development Department 1000 Throckmorton Street Fort Worth TX 76102 Attention: Director OFFICIAL REcon I CITY 3ECRETARY I FT.Wo Release of Duplicate Right of Way Encroachment Agreement n.WORTH,TX Page 4 of 5 LEGAL DESCRIPTION OF THE PROPERTY Tract L Lot 1R-1, Block l 1 of Lot IR-1, Evans-Pearson Westwood Addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat thereof recorded under Clerk's File No. D217082210,Map Records,Tarrant County. Tract 2: Lot 2R-1, Block 11 of Lot IR-1, Evans-Pearson Westwood Addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat thereof recorded under Clerk's File No. D217082216,Map Records,Tarrant County. Release of Duplicate Right of Way Encroachment Agreement Page 5 of 5 ...._.._. _ _ ; DAKOTA STREET w • j , la LOT IM IME j MT lK i BLOCK 4R � j @U=if O L.. = i 1 I t I r f ` APPROX. 38 LF IRRIGATION j IN STREET LOT 4R, BLOCK V ' 02IdM426 . f . _ 'Vd4f STH STREET LAW � ` r �J ��+ SIS AFRO7D STREET EXHIBFT'A „.,...��..,..,. ENCROACHMENT AREA FOR moo:a MMwA" IRRIGATION / vM#r4l "o$meow CITY OF FT.MUM ..�.»so diTf!S7AffA0M ScAmNTI MAV*6Y AN int l%41!►otftMWDK*W f urrw 1Mfor.i00sf ..fu�.J.rl�/..rr MwMafTI.�WMM�ra41q'Ir11wM9M4rVM tiM.ai�M�M J/q'/'�V .,,je P�� QRS icfte Right of Way Encroachment Agreement