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HomeMy WebLinkAboutContract 50918-A4 Date Received: May 26,2020 City Secretary Time Received: 8:57 AM Number: 50918-A4 FOURTH AMENDMENT TO CITY SECRETARY CONTRACT NO.50918 EASEMENT ENCROACHMENT AGREEMENT This FOURTH AMENDMENT TO CITY SECRETARY CONTRACT NO. 50918, ENCROACHMENT 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, its duly designated Assistant City Manager or Planning and Development Director, hereinafter referred to as the "City," and Village Homes, LP, a Limited Partnership acting herein by and through its duly authorized President, hereinafter referred to as "Licensee". RECITALS WHEREAS, City and Licensee made and entered into City Secretary Contract No. 50918 on June 26,2018(die"Agreement"),to authorize the use of the City's easement for the purposes of constructing, placing, and maintaining an iron and masonry fence which will fence private residential front yards located at 4237,4233,4229 and 4225 Watercourse Drive 76109;and WHEREAS, City and Licensee made and entered into City Secretary Contract No. 50918- Al on May 22, 2019 (the "Agreement"), to amend the Agreement to extend the fence to private residential front yards located at 4125,4129,4133 and 4141 Watercourse Drive 76109 and to install awnings and overhangs for the roof eaves;and WHEREAS, City and Licensee made and entered into City Secretary Contract No. 50918- A2 on November 18, 2019 (the "Agreement"), to amend the Agreement to extend the fence to private residential front yards located at 4145, 4149 and 4153 Watercourse .Drive 76109 and to install awnings and overhangs for the roof eaves;and WHEREAS, City and Licensee made and entered into City Secretary Contract No. 50918- Easement Amendment Page 1 of 4 i•Y y A3 on February 6, 2020 (the "Agreement"),to amend the Agreement to extend the fence, awnings, and overhangs to private residential properties located at 4157, 4161, and 4201 Watercourse Drive 76109;and WHEREAS,the parties wish to amend the Agreement to remove encroachment of 73 LF of overhangs,AC Units, and fencing within existing Water/Sewer/Drainage easement for the building of 4205,4209,4213,4217,and 4221 Watercourse Dr. WHEREAS, it is the mutual desire of City and Licensee to execute this Amendment to the Agreement to revise the exhibit 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-1 is hereby attached hereto and incorporated herein to the Agreement, consisting of a revised description of the encroaching improvements. 2. All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect EXECUTED on this the 19th day of May ,20 20 CITY OF FORT WORTH: LICENSEE: Easement Amendment --�-OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX DJ Harrell f DJ Harrell(May 21,2020 12:00 CDT( DJ Harrell,Director Michael Dike,President Development Services Department Village Homes,LP Date: May 21,2020 Date: S(I.21a.02•0 Approved as to Form and Legality: Attested by: " F F0 w , -,��� J=. Matt Murray(May 21,2 011:15 CDT) 0 . FWBC Sec.3210 CJ,' Matt Murray,Assistant City Attorney Mary J.Kayser City Attorney's Office City Secretary �t i q +ry `'�L,• rid"- 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 requirements. Laurie Lewis Interim Development Manager Easement Amendment Page 3 of 4 OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX �9 to]in' t ' 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 DJ Harrell,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 21st day of May 20 20 LAURIE Digitally signed by LAURIE PEQUENO LEWIS 14R LAURIE PEQUENO LEWIS PEQUENO LEWIS Date:2020.05.2112:27:57-05'00' Notary Public STATE OF TEXAS Notary Public, State of Texas Notary I.D. 132278952 My Comm. Exp. Dec. 10, 2023 STATE OF TC1caf § COUNTY OF TCL«AmF § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Michael Dike, 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 Village Homes,LP, and in the capacity therein stated. GIVEN UNDER MY HAND AND'SEAL OF OFFICE this�_day of 20 2 n JENNIFER 0" •: :*: My Notary ID#126684189 F. February 14,20Q2 Nc Publ c State of Texas Easement Amendment . OFFICIAL RECORD CITY SECRETARY FT. 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