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Home My WebLink AboutContract 47600-A1 (3) CITY SECRETARY,�9 CONTRACT N0. AMENDMENT TO CITY SECRETARY CONTRACT NO. 47600 STORMWATER FACILITY MAINTENANCE AGREEMENT This AMENDMENT TO CITY SECRETARY CONTRACT NO. 47600, 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 KROGER TEXAS L.P., acting by and through Rick J. Landrum, Vice President of KRGP Inc., its general partner, hereinafter referred to as"Landowner." RECITALS WHEREAS;the City of Fort Worth("City")and KROGER TEXAS L.P.made and entered into City Secretary Contract No. 47600 (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.D216057564 which is one and the same as City Secretary Contract 47600. WHEREAS, the Agreement contains exhibit(s) "A" and "B" that depict the location and design specifications of the Facility; and WHEREAS,it advisable to execute this Amendment to the Agreement to include exhibit(s) "A-1" and "B-1" in the Agreement to depict an additional location 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: FFICIA1 R CDR V� CITY 1. Exhibit A-1 is hereby added and attached hereto and incorporated herein to the Agreement, consisting of a new description of an additional Facility. 2. Exhibit B-1 is hereby added and attached hereto and incorporated herein to the Agreement, consisting of design specifications of the additional 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 day of 2017. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK KROGER TEXAS L.P.,an Ohio limited partnership : KRG Inc., io orporation, its general partner Printed Name: ick J. Landrum Title: Vice President STATE OF OHIO § COUNTY OF HAMILTON § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Rick J.Landrum,Vice President of KRGP Inc.,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 KROGER TEXAS L.P., and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ay of (� 2017. ``�• QBELL-NpT /// w / oQ Notary Public, State of Ohio J EFF.X OFFICIAL RECORD Cly tF. t.' kli4,TX CITY OF~FORT WORTH: Jesus J Chapa ATTEST Assistant City Manager EDRF City Secretary U Approved as to Form and Legality: *'•. NO M&C REQUIR e nnb.Guzman Sr.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 10-4- day o ,2017. MARIA S SANCHEZ My Commission Expires oecember 19.201 Not Public, State of Texas OFFICIAL RECORD CITY SECRETARY FT.WORTHO 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 and reporting requirements. arae of Emplo ee Title EEFFICIAL RECORD EXHIBIT A-1 LEGAL DESCRIPTION STORMWATER FACILITY MAINTENANCE AGREEMENT 7 Rev.12/29/2014 1/2"CIRF — — — "AR�A" CM 44.36' ,;. '4 VE N $9°53'41" E N16°24'46"E 20.86 �sls°2a'as"w REMAINDER OF 56.14 m 62.69' B.N.M. PROPERTIES, L.P. Cp. VOLUME 13998, PAGE 568 r �s CC#D199228248 �s F PRIVATE DRAINAGE EASEMENT 24R ', `' CC#D216034100 >� 0.137 ACRES 00` (5,951 SQ.FT.) 23R1/2"CIRF WAI 22R `�X00 21 0�pkv W E BLOCK 24 S LOT 1 R, BLOCK 1 150' 100' BOSWELL MARKETPLACE TWIN MILLS PHASE I 20R :' CC#0216277264 Scale 1"=100' Ln C4 (CABINET A, SLIDE 1289) Co � ABBREVIATION LEGEND CC#D193056584 3 ABBR. DEFINITION CC# COUNTY CLERK'S FILE NO. CIRF IRON ROD FOUND HATH CAP 19R O 11' CIRS IRON ROD SET W/CAP STAMPED"WAI"TROL CM CONTROLLING MONUMENT S 8 MAG MAG NAIL SET WITH SHINER PKF PK NAIL FOUND PKS PK NAIL SET XCF "X"CUT IN CONCRETE FOUND XCS "X"CUT IN CONCRETE SET PRIVATE DRAINAGE EASEMENT CC#0216034100 0.137 ACRES 8R 7R (5,951 SQ.FT.) 6R POINT OF N89°54'46"E BEGINNING 11.00' s0o°05'14"E WEST BAILEY BOSWELL ROAD 5R 35.62' (VARIABLE RIGHT-OF-WAY) 1/2"CIRF �� s89°53'41"W "WAI" 15.00 Winkelmann ="'F PRIVATE DRAINAGE �F EASEMENT EXHIBIT dt Associates, Inc. 4�� . Uis��R•:� SHEET � Fo 0.137 ACRES CONSULTING CML ENGINEERS ■ SURVEYORS �+' •Tj� 9M MLLCE7R RAZA OWF.SM sm Sf7!)p6-7010 7d ........................... (5,951 SQ. FT.) °M+.1 1°'"' "0 1171)MO-70"IrAII LEONARD JAY LUEKER Texas Engineers Registration No fig •• ................•, Texas Surveyors No.10086600 Exiles/2-31-17 9�7 ..•.... COPYRIGHT C 2017,Klnkelmann&Assodates,Inc. 'A J f Y v U C D O Scale: 1"=100' �' `•:� S5t0��'•��' Date: 05.02.17 Z•I.R\JS 7001 PRESTON ROAD, SUITE 410 2 D%mg.File: 19999-ESMT-DRAINAGE4 > -" DALLAS, TEXAS 75205 Pf0 ect No.: 19999.00 / :1 asements - - A g PRIVATE DRAINAGE EASEMENT EXHIBIT DESCRIPTION STATE OF TEXAS § COUNTY OF TARRANT § BEING a tract of land situated in the HEIRS OF BENJAMIN THOMAS SURVEY,ABSTRACT NO. 1497,City of Fort Worth,Tarrant County,Texas and being a portion of Lot 1 R, Block 1, Boswell Marketplace, an addition to the City of Fort Worth,Tarrant County,Texas according to the plat thereof recorded in County Clerk's File No. D216277264, Plat Records,Tarrant County,Texas(P.R.T.C.T.),and being all of the same Private Drainage Easement as dedicated by the plat of Boswell Marketplace, an addition to the City of Fort Worth, Tarrant County,Texas according to the plat thereof recorded in County Clerk's File No. D216034100, P.R.T.C.T.,and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod with red plastic cap stamped"WAI"found for the southwest corner of said Lot 1 R, Block 1 and being situated in the north right-of-way line of West Bailey Boswell Road (variable width right-of-way),said iron rod also being situated in the east line of Twin Mills, Phase I, an addition to the City of Fort Worth,Tarrant County,Texas according to the plat thereof recorded in County Clerk's File No. D193056584, P.R.T.C.T.; THENCE North 00 deg 05 min 14 sec West, departing said north right-of-way line and along the east line of said Twin Mills, Phase I, a distance of 625.96 feet to a 1/2 inch iron rod with red plastic cap stamped"WAI"found for corner; THENCE North 28 deg 35 min 14 sec West, continuing along an east line of said Twin Mills, Phase I,a distance of 156.77 feet to a point for corner; THENCE North 16 deg 24 min 46 sec East,departing said east line and over and across said Lot 1 R, Block 1, a distance of 55.14 feet to a point for corner,from which a 1/2 inch iron rod with plastic cap stamped"area"found for the northwest corner of said Lot 1 R, Block 1 bears South 89 deg 53 min 41 sec West, a distance of 44.36 feet, said point being in the south line of the remainder of a tract of land as described in deed to B.N.M. Properties, L.P recorded in County Clerk's File No. D199228248, Deed Records,Tarrant County,Texas; THENCE North 89 deg 53 min 41 sec East, along the south line of said B.N.M. Properties tract, a distance of 20.86 feet to a point for corner: THENCE departing said south line and over and across said Lot 1 R, Block 1,the following: South 16 deg 24 min 46 sec West, a distance of 62.69 feet to a point for corner; South 28 deg 35 min 14 sec East, a distance of 125.93 feet to a point for corner; South 00 deg 05 min 14 sec East, a distance of 610.21 feet to a point for corner; North 89 deg 54 min 46 sec East, a distance of 11.00 feet to a point for corner.- South orner;South 00 deg 05 min 14 sec East, a distance of 35.62 feet to a point for corner,said corner being situated in the north right-of-way line of said West Bailey Boswell Road; THENCE South 89 deg 53 min 41 sec West,along said north right-of-way line, a distance of 15.00 feet to the POINT OF BEGINNING. CONTAINING within these metes and bounds 0.137 acres or 5,951 square feet of land, more or less. Bearings shown hereon are based upon an on-the-ground Survey performed in the field on the 20th day of June, 2014, utilizing a G.P.S. measurement from the GeoShack VRS(NAD83)Network. ", Winkelmann PRIVATE DRAINra,'.t_ '- ~ ~ a ... EASEMENT EXHIBIT 8t Associates, Inc. ,c SHEET coNstnnMo tint eHaHe�s ■ suavErortss : � q ` ' 0.137 ACRES °°"`TCM 7� ■m 490-7M FAlf ; ' (5,951 SQ. FT.) Texas En9ineem Repeaabon No.89 �''� LEONARD �'.' " Teras surveyors No.10086699 ExPrs 12-31-17 i.... JAV 147CVLp r COPYRIGHT®2017,Wnkelmann B Aaaodatn,Ine. ;.A "' .•••............ f U C D Or N/A Eale Date 0502.,7 C�i�?F g oNQ'.S.' J 7001 PRESTON ROAD, SUITE 410 C^A*;: Ilr 19999-ESMT-DR4INAGE4 `- � ��, '�� '� - ' DALLAS, TEXAS 75205 ,ssss.00 ' asements .dwg EXHIBIT B-1 DESIGN PLAN STORMWATER FACILITY MAINTENANCE AGREEMENT 7 Rev.1212912014 LOT 27 _ _ Il l _ STA. 0+87.18 STORM LINE 7A-1 2 FLUME -,LOT 25R INSTALL: I 1-4x4' DROP INLET II FL=797.58 lool N --- LOT 24R \� 1�I1 STA. 0+35.21 STORM LINE 7A I INSTALL: w 1—BEEHIVE DRAIN STO SLOT 23R LT- 1 I FL=797. 10 c KElPOUZ£ TIMOTHY l' ,I S. W E STA. 0+23.75 STORM LINE 76 .7 rr LOT 22R INSTALL: I 'I 1—BEEHIVE DRAIN _ FL=796.90 AC. �� ` —LOT 21R STA. 0+23.78 STORM LINE 7C SS 50 100 200 I INSTALL: 1—BEEHIVE DRAIN FL=796.65 SCALE: 1"=100' LOT 20R B£NHOFF LA NEL T: I I 2 FL UME STA. 0+23.85 STORM LINE 7D INSTALL: LOT 19R r 1—BEEHIVE DRAIN FL=796.21 1.0' 1.0' LOT 8R 4"-3000 PSI CONCRE7E FLUME W7H WWMESH y TYPICAL FLUME SECTION A—A N. 2 FLUME T.S � / I I STORM UNE 1 SLOT 7R III i STA. 0+30.63 STORM LINE 8 A I IIA ° INSTALL: I ! I I 1—BEEHIVE DRAIN x i ` FL=796.50 �� I I I I t t STA. 0+00.00 STORM LINE 8 CONNECT TO ROADWAY STORM DRA INA GE SYSTEM FL=796.42 - - - - N Winkelmann WEST BOUNDARY 2' CONCRETE FLUME & Associates, Inc. SW-576 BOSWELL MARKET PLACE SHEET CONSULTING CML ENGINEERS ■ SUVaYORS FORT WORTH, TEXAS DMIAi,1EYAE 7.='&l*,.R.9l b do°Na aD"MD-7oM' Fkm Rogb&°GonIlks'ew Na 100MOO E+Viw 17-31-13 SCole : 1"=1oo' UCD OF Date : 09.25.17 7001 PRESTON ROAD, SUITE 410 DW . File : 19999—Exhibit B-1 DALLAS, TEXAS 75205 Pro e Ct No. : 19999 G:\199\99\ENCANEERING\Exhibits\19999-Exhibit - . wt1