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HomeMy WebLinkAboutContract 49662-A1 CITY SECRETARY coNTRACT NO._ 4��(aco a-81 AMENDMENT TO CITY SECRETARY CONTRACT NO.49662 STORMWATER FACILITY MAINTENANCE AGREEMENT This AMENDMENT TO CITY SECRETARY CONTRACT NO.49662, STORMWATER FACILITY MAINTENANCE AGREEMENT is made and entered into by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, acting herein by and through its duly authorized City Manager or duly designated Assistant City Manager,hereinafter referred to as the"City",and 351 Development,LLC."Landowner",acting herein by and through its duly authorized representative James Stephen Gee as Manager. RECITALS WHEREAS, the City of Fort Worth ("City") and L.O. Haywire Investments LP, predecessor-in-interest of Landowner, and Live Oak Creek Owners Associate, Inc. made and entered into City Secretary Contract No. 49662 (the "Agreement") to authorize the use of on-site stormwater management facilities (the "Facility") to be constructed and maintained on a portion of Landowner's property; and WHEREAS, the Agreement was recorded with the Official Public records of the Tarrant County as document No. D217224391 which is one and the same as City Secretary Contract - No.49662. WHEREAS, the Agreement contains exhibit(s) "A" and "B" that depicts the location and design specifications of the Facility, and WHEREAS, it advisable to execute this Amendment to the Agreement to revise exhibit(s) "A" and `B" in the Agreement to depict changes location and design changes being added to the original agreement; and NOW THEREFORE, City and Landowner, acting herein by and through their duly authorized representatives, enter into the following that amends the Agreement: "�#, RECORD ,jpo a9��r FT WURTH,TX Exhibit A is hereby replaced with Exhibit A-1 attached hereto and incorporated herein to the Agreement, consisting of a revised location description of the Facility. 2. Exhibit B is hereby replaced with Exhibit B-1 attached hereto and incorporated herein to the Agreement, consisting of revised design specifications of the Facility. 3. This Amendment shall be filed with the City Secretary as an amendment to the Agreement and also recorded among the land records of Tarrant County, Texas, and shall constitute a covenant running with the land, and shall be binding on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests,including any property owners association. 4. All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect EXECUTED on this the �th day of J 0.yiLIG , 201 REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK CITY OF FORT WORTH: ` F FORT Jesus J Chapa EST Assistant City Manager XAS City Secretary Approved as to Form and Legality: I Assistant City Attorney STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Jesus J. Chapa, Assistant City Manager, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed,as the act and deed OFFIUAL RECORD CITY SECRETARY FT WORTH,TX of the CITY OF FORT WORTH, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this Qhday of , 20�. / i P MAR;:`. S.SAN CHEZ ` My Notary iC:-4 2256490 Notty Public, State of Texas Expires December 19,2021 351 development, LLC B P'rin Name: James Stephen Gee Tit : Manager UFRUAL RECORD STATE OF TEXAS § CITY SECRETARY § FT WORTH,TX COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared James Stephen Gee, Manager, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of 351 Development, LLC., and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this/e day of 2018.J r ary u lic, tate of Texas y Stacy . ' A Plunk My Cmmission Expimo 030&2022 0 16 1o25d3N . 1s ON Contract Compliance Manager By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all perfoQnance and reporting requirements. Ashraf Ibrahim Management Analyst II OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX SWFMA AREA �.�:i .1 i. v au.iu .aa a1�� iii �la� t l',.ii I j Worth. Tarrant County, Texas, being a portion of that tract of land described by deed to L.O. naywire Investments, L.P. recorded in instrument Number D2i6297240. County Records. Tarrant C Minty T-ynaz nnrl i,air.cr rr,4 ra r�arti`,alarl�r ri�cd.;lrn� 7 1..,—t:tZoS and bc,,—,as COMMENCING at the southeast corner of said L.O. Haywire tract, being the northeast comer of that tract of land described by deed to Gene A. Thompson recorded in Instrument Number D210259828, said County Records, and being in the west line ofthat tract of lard described by deed to Westpoint investors, L.P. recorded in Instrument Number D204187877, said County Records; THENCE N 00°29'42"W, 1336.52 feet, with the east line of said L.O. Haywire tract and the west line of said Westpoint Investors tract, from which the northeast comer of said L.O. Haywire I ract bears N 00°29'42"W, 1722.35 feet; TBE.NCE S 89`30718"W, 393.00 feet, departing said cornmor line over and across said L.O. Haywire tract to the POINT OF BEGINNING; THENCE S 89"'1 6'40"W, at 19.110 feet the east line of that tract of land described by deed to 351 Development, LLC., recorded in Instrument Number D216297239, said County Records, in all 133.67 feet, THENCE v 45043'20"W, 14.14 fee*, with said east:ire; THENCE N 00°43'20"W, 387.80 feet, with said east line; THENCE departing said east line over and across said L.O. Haywire tract the following bearings and distances: N 89010'30"E, 124.71 feet; S 00°49'30"E, 377.97 feet; THENCE S 43004'19"r., 27.14 feet to the ;Point of Beginning and containing 49,898 square feet or 1.146 acres of land more or less. "Integral parts of this document" 1.Description 2. Exhibit Peloton Job No.GEE 16003 PHI FTW December 19,2018 G:VOB\GEE16003_HAYWIRE_RANCH\SUR\EASEMENTS\LEGALS\GEE16002_EAI.DOCX Page I of I v vKr,i iIL ;tel ALL ii'J Er I O s Inteyraiparts or .f113 cccurreni' 1. Description 2 Exhih,f J N89° 10'30' c �� i > ; - - - 12 4.7 Ln N00° 43'20"w Q Q aQOD Ia � o CD Q I co i I �0 1.116 Acus 1-0. Haywire Investments, L.P. i .15i Deveioprneot,LLC. Inst.* D 2 1 b 2 9 /2 4 0 U Inst.' D216297259 C.R.T.C.T. a N C.R.T.C.T. . ED n c\j, CD , X12 z l , z— c ;N� ° I °° o ° O I v O z `f' S430 04'19"E I 19.10' 2 7.14' I S89° 30"18''W S89° 10'40"V/71N* I 393.00' JN450 43'20!"YV 133.67' N Ln I 14.14' Point of I Beginning oI I I NI I � I b, N I CJ O � I O Point of O M_ Commencing — — —-— —-—- — — I ucire H.i iuilrpSun I a Insr.' D2t0259828 Ln o C.R.T.Cn.rr . c Exhibit "A"I" n SWFMA AREA Situated in the J.T. 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