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HomeMy WebLinkAboutContract 52745-A1 03/20/2020 FIRST AMENDMENT 8:32 AM TO CITY SECRETARY CONTRACT NO.52745 CSC No.52745-Al RIGHT-OF-WAY ENCROACHMENT AGREEMENT This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 52745, ENCROACHMENT AGREEMENT is made and entered into by and between the CITY OF FORT NORTH, a home rule municipal corporation of Tarrant County, Texas("City"), acting herein by and through its duly authorized City Manager, Assistant City Manager, or Planning and Development Director, and First on 7"',LP, a(n)limited partnership ("Licensee'), acting herein by and through its duly authorized general partner. RECITALS WHEREAS, City and Licensee made and entered into City Secretary Contract No. 52745 on September G,2019 (the"Agreement"), to authorize the use of the Public Right-of-Way for installation of stairs, ADA ramp, grease traps,sample wells, clean out, landscape bed and blade sign; and WHEREAS, the parties wish to amend the Agreement to install one blade sign; and WHEREAS, it is the mutual desire of City and Licensee to execute this Amendment to the Agreement to revise"Exhibit A"in the Agreement to depict the revised encroachment area. NOW,THEREFORE,City and Licensee, acting herein by and through their duly authorized representatives, enter into the following that amends the Agreement: 1. "Exhibit A"in the Agreement is hereby replaced with the attached revised description of the encroachment area, labeled as"Revised Exhibit A." 2. The effective date of this Amendment shall be the date of its execution by the City. 3. All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. ®FF4,9A1L RECORD 0TV SECE °WR�° F-Ta ORK Y CITY OF FORT WORTH: D.J. Harrell Interim Director,Department of Planning and Development EXECUTED on this the � "V-' 1r r day of ��=-,� , 20 w Approved as to Form and Legality: Attested by: pyA:4 � - Mary IKayser(Mar1T �_ 7 f t f Matthew A.Murray Mary J. Kayser f Assistant City Attorney City Secretary . ' 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 and reporting requircments. Janie S. Mo tes Development Manager LICENSEE'S NAME: FIRST ON 7T11,LP a Texas limited partnership By: TAG WFMG,LLC a Texas limited liability company, its general partner By: &---- Nami4e: 1ciin Darden Title: Manages OFFICIAL RECORD CITY SECRETARY 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.J. Harrell, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to rare that he 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. (jlVbN UNUER MY HANu AND SEAL OP OFFICE this 19 day of March 20 20 . Digitally signed by LAURIE LAURIE PEQUENO LEWIS LAURIE PEQUENO LEWIS Dal,2:2020.03.19 16:23:56 Notary Public PEQUENO LEWIS-05,00' STATE OF TEXAS Notary I.D. 132278952 My Comm.Exp.Dec. 10,2023 Notary Public in and for the State of Texas After recording return to: Planning& Development Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 0 F F I RECORDCY A L I EC CITY SECRETARlY VT. WORTH" TX STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of , on this day personally appeared Glenn Darden, Manager of TAG WFMG, LLC, a Texas limited liability company, the general partner of First on 7`i`, LP, a limited partnership, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed, as the act and deed of First Qn 701, LP, a limited partnership, and in the capacity therein stated, GIVEN UNDER MY HAND AND SEAL OF OFFICE this Clay of i r. ' ' 20 %l l f rl tie?�rpv�. MEi.ISs'A LEE BRAWN Notary Public, State of Texas � Comm. Expires 01.02-2021 nr A Notary It) 11600066 Notary Public in and for the State of � OFFICUAL RECORD CITY SECRETARY REVISED EXHIBIT A TRACT 1 RIGHT-OF-WAY ENCROACHMENT BEING a tract of land situated in the Mitchell Baugh Survey, Abstract No. 106, City of Fort Worth, Tarrant County, Texas, and being part of Burnett Street (60-foot wide right-of-way) as shown on Page 13 of the Brookes Baker. Map of Fort Worth,Texas, and being more particularly described as follows: BEGINNING at a point in the northeast right-of-way line of said Burnett Street; from said point the intersection of the said northeast right-of-way line of Burnett Street and the southeast right-of-way line of W 6th Street (60-foot wide right-of-way), and being the northwest corner of Block 104, Original Town of Fort Worth (unrecorded plat) as shown on Page 13 of said Brookes Baker Maly bears North 30'31'18" West, a distance of 4.55 feet; from said northwest corner of block 104 an"X"cut in concrete found bears North 75951'17"West, a distance of 0.46 feet; THENCE with the said northeast right-of-way line of Burnett Street, South 30'31'18" East, a distance of 15.67 feet to a point for corner; from said point the intersection of the said northeast right-of-way line of Burnett Street and the north right-of-way line of W 71h Street(a variable width right-of-way), and being the southwest corner of Block 104 of said Original Town of Fort Worth as shown on Page 13 of said Brookes Baker Map bears South 30031'18" East, a distance of 107.16 feet; from said southwest corner of Block 104 an "X" cut in concrete found bears South 13'00'09"West, a distance of 0.77 feet; THENCE departing the said northeast right-of-way line of Burnett Street, the following courses and distances: South 59'28'42"West, a distance of 4.00 feet to a point for corner; N^rth 30'31'18"West, a distance of 15.67 feet to a point for corner; North 59'28'42" East, a distance of 4.00 feet to the POINT OF BEGINNING and containing 63 square feet or 0.0014 acres of land. TRACT 2 RIGHT-OF-WAY ENCROACHMENT BEING a tract of land situated in the Mitchell Baugh Survey, Abstract No. 106, City of Fort Worth, Tarrant County, Texas, and being part of Burnett Street(60-foot wide right-of-way) as shown on Page 13 of the Brookes Baker Map of Fort Worth, Texas,and being more particularly described as follows: BEGINNING at a point in the northeast right-of-way line of said Burnett Street; from said point the intersection of the said northeast right-of-way line of Burnett Street and the southeast right-of-way line of W 6th Street (60-foot wide right-of-way), and being the northwest corner of Block 104, Original Town of Fort Worth (unrecorded plat)as shown on Page 13 of said Brookes Baker Map bears North 30'31'18" West, a distance of 27.68 feet; from said northwest corner of Block 104 an"X"cut in concrete found bears North 75°51'17"West, a distance of 0.46 feet; THENCE with the said northeast right-of-way line of Burnett Street, South 30031'18" East, a distance of 25.33 foot to a point for corner; from said point the intersection of the said northeast right-of-way line of Burnett Street and the north right-of-way line of W 7th Street (a variable width right-of-way), and being the southwest corner of Block 104 of said Original Town of Fort Worth as shown on Page 13 of said Brookes Baker Map bears South 30'31'18" East, a distance of 74.37 feet; from said southwest corner of Block 104 an "X" cut in concrete found bears South 13'00'09"West, a distance of 0.77 feet; THENCE departing the said northeast right-of-way line of RICH I'-OF-WAY ENCROACHMENT Burnett Street, the following courses and distances: MITCHELL BAUGH SURVEY, ABSTRACT NO. 106 CONTINUED ON SHEET 2 CITY OF FORT WORTH TARRANT COUNTY, TEXAS H 001 Ch"rry$Ireel,Vn0 11,N 1300 Tel.Ntt(0171336.6511 Fon Wnrth,Texas 76102 FIRM 0 10194040 WWWA Imlay-horn-cam S010 Or. .awnhy I Chaaedby Lute F1060d14G, Shut o. NIA JOH I MC B MAR.7020 061303900 4 OF 6 HOPPER,6RA01N 311)120201.16 Phi t4FTWFP0110ATA1PROJE4l lF rW_SURVEYCO$1303900.600 W 7TH IMPROVEMENTSIIIWG%ARCHIVE1061303000-500 W 7TH LEGAL, DESCRIPTION (CONTINUED) South 59928'42"West, a distance of 4.02 feet to a point for corner; North 30°31'18"West, a distance of 25.33 feet to a point for corner; North 59°28`42" East, a distance of 4.02 feet to the POINT OF BEGINNING and containing 102 square feet or 0.0023 acres of rand. TRACT 3 RIGHT-OF-WAY ENCROACHMENT BEING a tract of land situated in the Mitchell Baugh Survey, Abstract No. 106, City of Fort Worth, Tarrant County, Texas, and being part of W 6th utreet(60-foot wide right-of-way)as shown on rage 13 of the Brookes Baker Map of Fort Worth, Texas, and being more particularly described as follows. BEGINNING at a point in the southeast right-Of-way line of said W 6th Street; from said point the intersection of the northeast right-of-way tine of Burnett Street (60-foot wide right-of-way) and the said southeast right-of-way line of W 6th Street, and being the northwest corner of Block 104, Original Town of Fort Worth (unrecorded plat)as shown on Page 13 of said Brookes Baker Map bears South 59a33'53" West, a distance of 1.70 feet; from said northwest corner of Block 104 an"X"cut in concrete found bears North 7506117"West, a distance of 0.46 feet; THENCE departing the said southeast right-of-way line of W 6th Street, the following courses and distances: North 30°26'07"West, a distance of 4.88 feet to a point for corner; North 59"33'53"East, a distance of 4.15 feet to a point for corner; North 30a26'07"West, a distance of 1.62 feet to a point for corner; North 59033'53" East, a distance of 22.77 feet to a point for corner; South 30a26'07"East, a distance of 1.62 feet to a point for corner; North 59a33'63" East, a distance of 6.48 feet to a point for corner; South 30026'07" East, a distance of 4.88 feet to a point for corner in the said southeast right-of-way line of W 6th Street; from said point the intersection of said southeast right-of-way line of W 6th Street and the southwest right-of-way line of Lamar Street (60-foot wide right-of-way), and being the northeast corner of Block 104 of said Original Town of Fort Worth as shown on Page 13 of said Brookes Baker Map bears North 59033'53" East, a distance of 164.90 feet; from said northeast corner of Block 104 an"X"cut in concrete found bears North 83°37'57"West, a distance of 0.37 feet; THENCE with the said southeast right-of-way line of W 6th Street, South 59033'53"West, a distance of 33.41 feet to the POINT OF BEGINNING and containing 200 square feet or 0.0046 acres of land. TRACT 4 RIGHT-OF-WAY ENCROACHMENT BEING a tract of land situated in the Mitchell Baugh Survey, Abstract No. 106, City of For[ Worth, Tarrant County, Texas, and being part of Lamar Street (60-foot wide right-of-way) as shown on Page 13 of the Brookes Baker Map of Fort Worth, Texas, and being more particularly described as follows: CONTINUED ON SHEET 3 RIGHT-OF-WAY ENCROACHMENT MITCHELL BAUGH SURVEY, ABSTRACT NO. 106 CITY OF FORT WORTH TARRANT COUNTY, TEXAS m e)�l ��� ) 801 chony SUM.Un1111,a 1300 Tel.No.(017)935.0511 FmlWarlh.Texas MO FIRM1010194040 WAVAtmrey-horn.com 8-10 'kedby Date Praied No. Shea]No. MIA Jt3H IC13 MAR.2020 001301900 2 OF 5 - — -- —W----- ---- -..T .,.,..-�... HOPPER,6RAIN W1012020 1.16 PM 11FTWFP011DATAIPROJEC-nFTW SURVEY1001303900-500 W 7TH Ih1PROVEMENTSIDWG3ARCHIVE1001303900-500 W 7TH LEGAL DESCRIPTION (CONTINUED) BEGINNING at a point in the southwest right-of way line of said Lamar Street; from said point the intersection of the said southwest right of-way line of Lamar Street and the northeast right-of-way line of W 7th Street (a variable width right-of-way), and being the southeast corner of Block 104 of said Original Town of Fort Worth as shown on Page 13 of said Brookes Balser Map bears South 30°26'07" East, a distance of 72.43 feet; from said southeast corner of Block 104 an "X"cut in concrete found bears North 68057'18"West, a distance of 0.27 feet; THENCE with the said southwest right-of-way litre of Lamar Street, North 30"26'07"West, a distance of 1.00 feet to a point for corner; from said point the intersection of the said southwest right-of-way line of Lamar Street and the southeast right-of-way line of W 6th Street (60-foot wide right-of-way), and being the northeast corner of Block 104 of said Original Town of Fort Worth as shown on Pagc 13 of said Brookes Baker Map bears North 30026'07"West, a distance of 126.57 feet; from said northeast corner of Block 104 an "X" cut in concrete found bears North 83°37'57"West, a distance of 0.37 feet; THENCE departing the said southwest right-of-way line of Lamar Street,the following courses and distances: North 59033'08" East, a distance of 3.01 feet to a point for corner; South 30026'52" Gast, a distance of 1.00 feet to a point for corner; South 50'33'08" West, a distance of 3.01 feet to the POINT OF BEGINNING and containing 3 square feet or 0.0001 acres of land. NOTES: Bearing system based on the Texas Coordinate System of 1083 (2011 adjustment), North Central Zone(4202), with an applied combined scale factor of 1.00012. A survey plat of even survey date herewith accompanies this metes and bounds description. The undersigned, Registered Professional Land Surveyor, hereby certifies that foregoing description accurately sets out the metes and bounds of the encroachment tracts. RIGHT-OF-WAY ENCROACHMENT MITCHELL BAUGH SURVEY, OF Z� Qs ABSTRACT NO. 906 `MICNAE[ C. BILLINGSLEY W� CITY OF FORT WORTH REGISTERED PROFESSIONAL ............... . ; „ LAND SURVEYOR NO. 6568 MICHREL CLEO BILLINGSLEYi TARRANT COUNTY, TEXAS 801 CHERRY STREET, ........ Kiml UNIT 11 SUITE 1300 '• ,0 655$ FORT WORTH, TEXAS 76102 �9 11' QFESS��� o� 80 f Chou Sir PH. 817-335-6511 �r s t)'R'v fG� Fart W0 Texas 7002 gyIRMN10194040 TvAm kimray--h mcorn 1 michael,billingsleyt7t7kimley-horn.cam s-Ie Woven Chucked by, D;oI Protect No. Shad(go. NIA JDIf MCB MAR.2020 1 061303900 3OF3 HOPPER,BiMOIN 31t0120201:113 PM 11FTWFP011OATAIPROJECTIFTW SURVRY1061303000-500 W 7TH IMPROVE.MENTSIDWGIARCHIVEW0 1303900-EOO W 7T11 °L.14 (XF L13 N 833*37'57"W0.37) llit NORTH L11 ✓ l.j� 6T # STREET (60-FOOT WIDE RIGHT-OF-WAY) 10 20 S59°3354"W L1a N59°33'53"E 1.70' 164.9W GRAPHIC SCALE IN FEtr P.O B. N 75°51'17"W 0,4$1) � (TRACTTRAC T 3 LEGEND s30°31'18"E ass' L4 P.O,B. 0.0046 ACHNS P.O.B.=POINT OF BEGINNING (TRACT 1) 200 SO, FT. XF-"X"CUT IN CONCRETE FOUND S30'31118"E \ 27.68' TRACT I �� P.O.B. 0.0014 ACRES j� (TRACT a) (XF 63 SQ. FT. N 69158164"W 0.47') �4 BLOCK 109 TRACT 2 ORIGINAL TOWN OF FORT WORTH \ UNRECORDED PLAT) O \ 1 `An2 �el�E ( L6� (REF: BROOKES BAKER MAP OF 102 SQ. FT. \` FORT WORTH, TEXAS, PG. 13) ,A � O off, , q 0,�, W 7TH STREET REST \ \ (A VARIABLE WIDTH NOTES: RIGHT-OF-WAY) {XF S 59°28'42"W 4.49` ) __.. {XF 5 13°00'09"W 0.77')--� Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202), with an applied combined scale factor of 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 encroachment tracts. RIGHT-OF-WAY ENCROACHMENT / MITCHELL BAUGH SURVEY, o T ABSTRACT NO. 106 ICHAEL C. BILLINGSLEY co ��OtsT o.,<� .. •.. CITY OF FORT WORTH REGISTERED PROFESSIONAL TARRANT COUNTY, TEXAS LAND SURVEYOR NO. 6558 1MICHAEL CLEO BILLINGSLEY 801 CHERRY STREET, ... .......... UNIT 11 SUITE 1300 � ,0 6558 FORT WORTH, TEXAS 76102 f� p�E55�� .1d y ''••.••.•�'' � 301Cheay Street,Unit 11.if1300 TeI.No.(g17)335.8511 PH. 817-335-65 !I 5` �11 Faflwmlh•Texas 76102 FfFt�1N1919404p +wrv+.kipley-hem.corn michael.billingsley@kimley-horn.com sc�ale I ptawnby I Checkedhl 17�Ir. Project No, Shep1 n 1"=20' 1 JIJI I I MC0 I MAR,2020 061303900 4 dP 5 HOPPER.RRADIN 3110120201:18 PM IIFNJFP011DATAIPROJECTIFTW_SURVFY1061303900.500 W 7TH IMPROVEMENTS1OWG4ARCHIVE1061303900.500 W7TH \ O M NORTH (XF P/�o 2/O N 83°37'5/"W 0.37') ` �� ;p 0 oQ�O ,00, N30*26ORMAPHIO SCALE IN FEE 126.57'O7"W �� LEGEND �0 \ FJ L 181 F.O.B.=POINT OF BEGINNING 9 d \ XF="X"CUT IN CONCRETE FOUND TRAC ` 4 k' L17 L20 0.000I ACRES W � � STREET- 3 SQ. F �. �J \ P.O.B. \ (60-FOOT WIDE RIGHT-OF-WAY) (TRACT6) t BLOCK 104 ORIGINAL TOWN OF FORT WORTH (UNRECORDED PLAT) (REF: BROOKES BAKER MAP OF �. FORT WORTH, TEXAS, PG. 13) LINE TABLE NO. BEARING LENGTH \ L1 S30'31'16"E 15.67' 1-7 S59'2842'W 4,00' L3 N30030'24'W 15.67' N 68'67'18"W 0,27') L4 N58"2842"E 4.Oa' L5 S30'31'18"E 25,33' L6 S69*2B'42"W 4.a2` L7 N30"31'18"W 25,33' ' Off(dF L8 N59'28'42"E 4,02' L9 N30026'07"W 4.88` 1-10 N59'33'53"E 4A5' L11 N30°26'07"W 1.62' L12 N59'33'53"E 22.77' L13 530"26'07"E 1,62' L14 N59°33'53"E 6.48' RIGHT-OF-'WAY ENCROACHMENT i L15 s3a°26'a7°E 4.a6' MITCHEL.L. BAUGH SURVEY, L16 559"33'53"W 33.41' ABSTRACT NO. 106 CITY OF FORT WORTH L17 Nao'26'07"W 1,00' TARRANT COUNTY, TEXAS L18 N59°33'06"E 3.01, 1-1 9 S30"26'52"E 1.00' K i m I v))) H o r n L20 559'33'08"W 3.01 801 Cherry SBenl,Unil 11.#13V ToL Na.(817)335.651 E FprtWmllt,Toxas 76102 FIRM 1010194040 %WAV.bimluy-hOrn.CUM Se�„a_In Cravm by cked b ho 6`is Pm sc!Nn. Shan)N. V=20' J6H NICE MAR,2070 1 061303900 5 OF 5 HOPPER,BRAG N 3110/2020 1 J 8 PM NIFTWFP011RArASPROJECTRFTW_SURVEY1061303900-500 W 7TH lklPROVEh1ENTSH3WGV5RCHIVB061303900-500 W 7TH