The URL can be used to link to this page

Home My WebLink AboutContract 43684-A1 RECEIVED VVmftff R Ally 9 2M6 AMENDMENT MYOFFORTWOM TO CITY SECRETARY CONTRACT NO. CIlYSECRE o STORMWATER FACILITY MAINTENANCE AGREEMENT This AMENDMENT TO CITY SECRETARY CONTRACT NO. q—%6q , 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 FW MASON, L.P., a Texas limited partnership "Landowner", acting herein by and through its duly authorized representative Happy Baggett, as Manager of the general partner of Landowner, hereinafter referred to as "Licensee". RECITALS WHEREAS, the City of Fort Wofrth� ("City") and FW Mason, L.P. made and entered into City Secretary Contract No. q "I (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 the Tarrant County as document No. D212247478 which is one and the same as City Secretary Contract q-40 N 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: OFFICIAL RECORD CITY SECRETARY 4822-8419-8453.v1 FT. WORTH, TX 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. 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 2rc1 EXECUTED on this the J day of August, 2016. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 4822-8419-8453.v1 _ PQ CITY OF FORT WORTH: Jesus J Chapa ATTEST Jesus City ManagerO o:0 i S cr Approved as to Form and Legality: S ATdyff-Bas r 'e--f,ir_et-at tva 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 of the CITY OF FORT WORTH, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of �� 12016. �+a�r. s LINDA M. HIRRLINGER - ,�r " ,y�Notary Public,state or Texas Vt4y Public, State of Texas _pa Comm.Expires 02-02-2018 Z ��a�`� Notary ID 12414474-6 4822-8419-8453.v1 LANDOWNER'S NAME FW MASON HEIGHTS, L.P. A Texas limited partnership By: Print ppy tt Title: Mana of the General Partner 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 Happy Baggett, Manager of the general partner of FW MASON HEIGHTS, L.P., a Texas limited partnership, 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 FW MASON HEIGHTS, L.P., as Texas limited partnership, and in the capacity therein stated. 4b GIVEN UNDER MY HAND AND SEAL OF OFFICE thiS3 day of August, 2016. 4 Not Pu ic, State of Tamarra Albright Notary Public, f State ofTexas Expires:01/21/201 4822-8419-8453.v1 EXHIBIT "A'I^ LEGAL DESCRIPTION LAND DESCRIPTION DETENTION POND EASEMENT BEING a tract of land situated in the J. Justice Survey, Abstract No. 859, City of Fort Worth, Tarrant County, Texas and being a portion of Lot 1 R2, Block 1 of the Mason Heights Addition, an addition to the City of Fort Worth as recorded in Instrument No. D215133856 of the Plat Records, Tarrant County, Texas and being more particularly described as follows; COMMENCING at a 5/8 inch iron rod found with plastic cap stamped "WAI" at the northwest corner of said Lot 1 R2 from which a 5/8 inch iron rod found with plastic cap stamped "WAI" at the southwest corner of said Lot 1 R2 bears South 00 degrees 39 minutes 22 seconds West a distance of 427.86 feet; THENCE, along the north line of said Lot 1R2, North 89 degrees 18 minutes 38 seconds East a distance of 58.48 feet to a paint; THENCE, departing the north line of said Lot 1 R2, South 00 degrees 41 minutes 22 seconds West a distance of 20.00 feet to the POINT OF BEGINNING; THENCE,North 89 degrees 18 minutes 38 seconds East a distance of 349.16 feet to a point for corner; THENCE, South 00 degrees 36 minutes 25 seconds East a distance of 65.07 feet to a point for corner; THENCE, South 89 degrees 17 minutes 04 seconds West a distance of 347.13 feet to a point for corner; THENCE, North 02 degrees 23 minutes 23 seconds West a distance of 65.26 feet to the POINT OF BEGINNING and containing 22,676 Square Feet or 0.5206 of an Acre of Land, more or less. For Huitt-Zollars, c itch h S. Pillar Registered Professional Land Surveyor Texas Registration No. 5491 M�TCHEII SIIGUN,QII Aft Huitt-Zollars, Inc. x,09 5491 P�'Q Firm Registration No. 10025600 �ti4 SU J �O 1717 McKinney Avenue Suite 1400 Dallas, Texas 75202 Ph. (214) 871-3311 Date: July 15, 2016 Page 1 of 2 J:\Survey\30578401 - Renaissance Square\wp\EASEMENTS\DETENTION POND 2.doc 04 | | W 0 � § \ \ ze A E,0 362 "E §b2� w \ § '�` Ewan ` } z� m \¥ # � -- • . _. W W . . w§ � | :T I& kk§ g ® I �2« / @"moo �W ; | �� §R . ) \ (§k /§z a 2 (� Ict � k/ ( k m . $q o § m} | [(§ b y k�k 2 Lek §/ § $ 2 §/k @V) K o 2dq § ¥ q g = a 2 $ GG � mN / | k LLI C) §S §E§ E / -z� k |\ ° \ < y\ 2 e 2 W \ Guq $ @ � n 1,0,00 k Rte ƒ / kb / M � - s (t) -j eem = (n0 « O e $ o � \ W < 04 � � 2 z �E � CL w | oz - eWm O O e Z sm , §0m= . ± 2 0 / / E j§\/ k§Z'�9) E E W a m mew ��a`�w < [ kL, RW.o� CD ` 2 O � L L N4 $ ®A m § O 17E ' . ) % � E / o Cl) | L �§/ -% §/ S 00'39'22" W 427.86' \ § k ff\® $ FORT WORTH |.S.D. f VOL24, PG. 19 );Z D.R.T.C.T. } § E EXHIBIT "B-"-� DESIGN SPECIFICATION EXISTING OUTLET STRUCTURE 36" FL= 641.68 x A/' A ZZ r .. ....... o 1111r z z z r w Ld 11111`!111 Q z 0 L33 J z W co r, Lr) 0 W) 0 DETENTION POND 5 0) STORAGE100YR = 0.47 AC—FF Q100 (IN) = 171.0 CFS EXHIBIT B-� Q (OUT) = 84.5 CFS SHEET 1 OF 2 1 00yr WSE1400YR = 649.6 o TOP OF EMBANKMENT ELEV. = 650.0 z tjUr[F- .,h I 0 F-j 3DD Wed 71h Sk"t SLAD 300 2 Fort Worl%Tum 78W-4728 8/2 016 Phan(SM 335-3= Fax(SM M-IM /2 A—A—SECTION VqR/qB�E VARIABLE W.S.E. = 650 )PE ELEV= 650 ELEV= 650 LE VARIA P ELEV= 644 3 ELEV= 642 a z z w 2 w in 0 z 0 a x 0 0 K B—B SECTION z w In w z VAR/ ELEV= 650 ®I-E qe�f ELEV= 650 VARIABLE W.S.E.i r= 650 in 0 W s E �X1 Sj�V�QUJT��P� VA h w ELEV= 645 a 0 ELEV= 642 co r- Lo 0 z a a M O N EXHIBIT B o SHEET 2 OF 2 0 0 0 a I—I�.IITT-7�I��u V 8/2/2016