Loading...
HomeMy WebLinkAboutContract 51932-A1 CITY SECRETARY CONTRACT NO. AMENDMENT TO CITY SECRETARY CONTRACT NO. 51932 STORMWATER FACILITY MAINTENANCE AGREEMENT This AMENDMENT TO CITY SECRETARY CONTRACT NO. 51932, STORMWATER FACILITY MAINTENANCE AGREEMENT (this"Amendment") 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 Jefferson Oakhurst Scenic, LLC "Landowner", acting herein by and through its duly authorized representative Miller Sylvan as Senior Vice-President, hereinafter referred to as "Licensee". RECITALS WHEREAS, the City and Landowner made and entered into City Secretary Contract No. 51932 (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 property records of Tarrant County as document No. D219031850 which is one and the same as City Secretary Contract 51932. 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 certain location and design changes as reflected therein; and NOW THEREFORE, City and Landowner, acting herein by and through their duly authorized representatives, enter into the following that amends the Agreement: 1. 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. OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX 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 owner's association. 4. All other provisions of and exhibits to the Agreement which are not expressly amended herein shall remain in full force and effect EXECUTED on this the v&-day of , 2019. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK CITY OF FORT WORTH: -D,4/vf ATTEST Assistant City Manager : 3 City Sec tary Approved as to Form and Legality: , Lt 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,D," 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 of the CITY OF FORT WORTH, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day ofJZ44�� , 2019. ot!Y MARIAS.SANCHEZ t: *= My Notary ID#2256490J F;E" Expires December 19,2021 Notky Public, State of Texas UFRUAL RECORD CITY SECRETA,Y FT WORTH,7 Jefferson Oakhurst Scenic, LLC Z= Printed Name: Miller Sylvan Title: Senior Vice-President STATE OF TEXAS § COUNTY OF NT_bX BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,on this day personally appeared Miller Sylvan,Senior Vice-President,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 Jefferson Oakhurst Scenic, LLC, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this t day of 32019. KARISSA NOELLE HARDING Notary ID#11406338 My Commission Expires February 7,2022 otary Public, State of Texas OFFICIAL. RECORD CITY SECRETARY FT. WORTH TX Contract Compliance Manager By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance ind reporting requirements. Ashraf Ibrahim Management Analyst II OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX LEGAL DESCRIPTION DETENTION POND EASEMENT BEING a 5,407 square foot (0.1241 acre) tract of land situated in the John Little Survey, Abstract No. 958, City of Fort Worth, Tarrant County, Texas; said tract being part of Block 2, Cliff Addition, an addition to the City of Fort Worth according to the plat recorded in Volume 490, Page 547 of the Deed Records of Tarranty County, Texas; said tract also being part of that tract of land described in Special Warranty Deed to Jefferson Oakhurst Scenic, LLC recorded in Instrument No. D218235093 of the Official Public Records of Tarrant County, Texas; said tract being more particularly described as follows; COMMENCING at a 5/8" iron rod with red "KHA" cap found at the northeast corner of said, Block 2; said point also being in the west right-of-way line of Jaunita Street (a variable width right-of-way); THENCE South 00°03'38" East, along the said west line of Juanita Street, a distance of 40.30 feet; from said point a 1/2" iron rod found at the intersection of the said west line of Juanita Street and the north right-of-way line of Gillis Street(a 30' right-of-way) bears South 00°03'38" East, a distance of 177.22 feet; THENCE South 89°56'22"West, departing the said west line of Juanita Street, a distance of 96.28 feet to the POINT OF BEGINNING; THENCE Due South, a distance of 122.00 feet to a point for corner; THENCE Due West, a distance of 11.76 feet to a point for corner; THENCE Due South, a distance of 5.33 feet to a point for corner; THENCE Due West, a distance of 7.33 feet to a point for corner; THENCE Due North, a distance of 5.33 feet to a point for corner; THENCE Due West, a distance of 24.91 feet to a point for corner; THENCE Due North, a distance of 122.00 feet to a point for corner; THENCE Due East, a distance of 44.00 feet to a the POINT OF BEGINNING and containing 5,407 square feet or 0.1241 acres of land, more or less. NOTES Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202), with an applied combined scale factor at 1.00012. A survey plat of even survey date herewith accompanies this metes & bounds description. The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the easement tract. "EXHIBIT A-1" DETENTION POND EASEMENT OF r JOHN LITTLE SURVEY, �P:• (,ISTOc�y� ABSTRACT NO. 958 MICHAEL C. BILLINGSLEY '♦:` CITY OF FORT WORTH, REGISTERED PROFESSIONAL •••••••••••••••••••••••••• •• TARRANT COUNTY, TEXAS MICHAEL CLEO BILLINGSLEY LAND SURVEYOR NO. 6558 •• ••• •••••••••••••••••••••• 801 CHERRY STREET, 0 6558 UNIT 11 SUITE 1300 ''0FESS����'o� Kimlev))) Horn FORT WORTH, TEXAS 76102 'v0 `y 801 Cherry Street,Unit 11,#1300 Tel.No.(817)335-6511 PH. 817-ORTH11 S U R v ` Fort Worth,Texas 76102 FIRM#10194040 www.kimley-honn.com Scale Drawn by I Checked by Date Proiect No. I Sheet No. michael.billingsley@kimley-horn.com N/A CDP MCB 01/21/2019 1 064446443 10F2 BILLINGSLEY,MICHAEL 1/23/2019 2:09 PM K:\FTW SURVEY\064446443-OAKHUST SCENIC 2\DWG\064446443-OAKHURST SCENIC-DET POND ESMT.DWG ROW ABANDONED BY FORMALLY NORTH CITY ORDINANCE NO.23363-08-2018 MARSHALL AVENUE 5/8"CIRS (C.M.) 0 20 40 P.O.C. GRAPHIC SCALE IN FEET P.O.B. �• SO°0 40.30' 40.30 I W LL L8 S89°56'22"W 96.28' � BLOCK 2 LINE TABLE CLIFF ADDITION I¢- a NO. BEARING LENGTH (VOL 490, PG 547) Z N L1 Soo°00'00"E 122.00' JEFFERSON OAKHURST L2 N90°00'00"W 11.76' SCENIC, LLC (INST. NO. D218235093) N L3 S00°00'00"E 5.33' J J � L4 N90°00'00"W 7.33' w L5 N00°00'00"E 5.33' M L6 N90°00'00"W 24.91' DETENTION PONDI L7 Noo°oo'oo"E 122.00' I EASEMENT � LS N90°00'00"E 44.00' I 0.1241 ACRES 5,407 SQ. FT. L6 L2 L5 L4 L3 I LEGEND I P.O.C.=POINT OF COMMENCING P.O.B.=POINT OF BEGINNING CIRS=IRON ROD WITH RED"KHA"CAP C.M.=CONTROLLING MONUMENT NOTES GILLIS STREET 1/2"IRF (30'PUBLIC RIGHT-OF-WAY) Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202),with an applied combined scale factor at 1.00012. A metes and bounds description of even survey date herewith accompanies this survey plat. The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey plat accurately sets out the metes and bounds of the easement tract. "EXHIBIT A-1" DETENTION POND EASEMENT E OF T JOHN LITTLE SURVEY, ABSTRACT NO. 958 MICHAEL C. BILLINGSLEY "�:' CITY OF FORT WORTH, REGISTERED PROFESSIONAL ........................... :... MICHAEL CLEO BILLINGSLEY TARRANT COUNTY, TEXAS LAND SURVEYOR NO. 6558 • ••• ..................••••• 801 CHERRY STREET, •� ,0 6558 Kimlev)) Horn UNIT 11 SUITE 1300 FORT WORTH, TEXAS 76102 801 Cherry Street,Unit 11,#1300 Al Tel.No.(817)335-6511 S•U•R•V Fort Worth,Texas 76102 FIRM#10194040 www.kimley-honn.conn PH. 817-335-6511 Scale Drawn by Checked by I Date Project No. Sheet No. michael.billingsley@kimley-horn.com 1-40' CDP MCB o,123120,s 064446443 201`2 BILLINGSLEY,MICHAEL 1/23/2019 2:09 PM K:\FTW—SURVEYN064446443-OAKHUST SCENIC 2\DWG\064446443-OAKHURST SCENIC-DET POND ESMT.DWG SVX31'H.WOM 1a03 JO Alq m'° ""°�°�'�°"" '°° d'• . 3MGow31s1.11HNVO NVId ONOd 'O �T VaOH(�� o g df10NJ 1N3WdO13A30 Idf NOIlN3134 ONf1021`J 2i30Nfl V `AWIDNI a a isunHN` O a o ^• �m d�RAt':y ^ glmW_ :& d Eel gyp; d m l o f it ; `8 S B 8 Y �jy ;fig&�' �I ° s:"•3a _ E 4 awq w .; " d�� � •� f•�o� . �SR 0 FF... 8 W gas. c I 'i i :�ses ���o�=a90Czg - ................`�..._..__ —e e o .,,, ...._._.........., __ I .•�eae a eeoa o oe� I Asa ..............I _. F: : $e$sea0 8 �_e_ lip $3 8 � w a $aa�� � 3 I c _ rc � I — ---------------- > u 17 Q r 6 I � / a / I / I' / q -p1p d 514 tl 2p¢IIm q )ggY Cif gsg I .vm xew!s �papbd5 3:pg pog ou sB.43Eh FI Y fl > P7 ���5)k 6�e �byfi� K 3xn nu�axwoea�'�— ➢� / — 5�, xv< rn W 4e ey 9 d n -i-- g y m O z o eW68E ss 4 L -_�` to F' e3 I i I I II Ii LL z 8 U pl E$ a a 8$I $5r5 d: a d� : _ H na•b�g�� a Si OC :fir O v 8 1 sill Is 6 � _ _ E =pass^ � -- Cr � 4tl��' 3• � i . 9 I 1 5. 444 a a� E x EXHIBIT B-1 1 oi:3m^.y,> m,az,u w, nc�i y a inn,a,uuaru,m �z'• x SWEli'FililOM 180J 3O un a� 3Aftl0 3IN3JS 1S2Jmivo i a dnouo 1N3WdOl3A30 Idf }SlIH130 a3M3S VyWis UJOH 4431WIN ,�� 1sanHMvo =U p e 11Y . p Ci5iiS66iiii= iii n�i �E I ! Fel �F � € F ` HIII � d eM A p�A_Z ----- ------ - pp ¢¢V LL i! g ¢�� i j p i 1 a�i€ 9�p p i@ Q5p f/a a bo !g d i J a i a Hil E �� n e2 y b lip 3 b s b b b ell FF Ile L�— Tip t- 1 EXHIBIT B-1 2, of 3 ; .. ,, �,�d�d33•�3a� o� Q SVX31'HL2JOM 1210=1 j0 ALq E co mu u waoruwa wn azs uiwn is iauw w • 3AIH0 OIN30S 1Saf1HNVO $ UJ0. ■��` [�I�I`■ x a dnow)1N3WdOl3A34 Idf Z S�IVl30 b3M3S WbOlS Nn 'u 1SanHNVO <r`177lT1Tk17� � as ��LLy a Jill ell rc Ll x � a e °off` EXHIBIT B-1