HomeMy WebLinkAboutContract 48260-A1 CITY SECRETARY
STATE OF TEXAS § CONTRACT N0.
COUNTIES OF TARRANT, §
DENTON,PARKER, WISE §
and JOHNSON §
AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO. 48260:
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
BETWEEN CITY OF FORT WORTH AND TOWN OF LAKESIDE
I. PARTIES
This Amendment To Fort Worth City Secretary Contract No. 48260: Compromise
Settlement Agreement and Release of All Claims Between City of Fort Worth and Town of
Lakeside is made and entered into by and between the CITY OF FORT WORTH ("Fort Worth"
or "City"), a home rule municipal corporation located in the state of Texas and situated in
portions of Tarrant, Denton, Parker, Wise, and Johnson Counties, acting herein by and through
its duly authorized City Manager or duly designated Assistant City Manager, and TOWN OF
LAKESIDE ("Lakeside"), a Type A, General Law City located in the state of Texas, acting by
and through its duly authorized agent. Fort Worth and Lakeside are collectively referred to as
the"Parties."
II. RECITALS
WHEREAS, the City of Fort Worth and the Town of Lakeside made and entered into City
Secretary Contract No. 48260 ("Settlement Agreement" or"Agreement") authorized by Fort Worth
City Council by M&C L-15954 on September 27, 2016 to settle an annexation lawsuit and facilitate
the exchange of certain Certificates of Convenience and Necessity (CCN)to provide water service
for specific areas within the Parties' respective jurisdictions;and
WHEREAS, the Settlement Agreement contains exhibits that describe and depict the
territories involved in the property and CCN exchange;and
WHEREAS, it is advisable to execute this Amendment to the Settlement Agreement to
revise Parcel 5 of Exhibit 4 in the Agreement to correct the property description of said Parcel 5 to
accurately reflect the Parties' intentions related to the property involved in the exchange of the
CCN,as outlined in the Agreement and depicted in Exhibit 3 of the Agreement.
AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO.48260 OFFICIALP ibRD
CITY SECRETARY
FT.W MH' TX
III.TERMS
NOW THEREFORE, Fort Worth and Lakeside, acting herein by and through their duly
authorized representatives, enter into the following that amends the Agreement:
1.
Parcel 5 of Exhibit 4, is hereby replaced with Parcel 5 "REVISED — 4/18/18" attached
hereto and incorporated herein to the Agreement.
2.
All other provisions of the Agreement which are not expressly amended herein shall remain
in full force and effect
EXECUTED in duplicate originals on the date hereinafter indicated.
THE TOWN OF LAKESID THE CITY OF FORT WORTH
Orman Craven : n ;1'11 Jesus J. Chapa '
Town Administrator ,� �: Assistant City Manager
Date: / SFCFt�. * Date:
Fx As Q'.
APPROVED AS TO FORM AND APPROVED AS TO FO& 1 A
LEGALITY: LEGkE TY:
r �
Matthew C.G. Boyle Christopher B. Mosley
Attorney at Law Sr. Assistant City Attorney lu
.
BOYLE & LOWRY, L.L.P. CITY OF FORT WORTH
4201 W ingren, Suite 108 1000 Throckmorton Street
Irving, Texas 75062 Fort Worth, Texas 76102-6311
Phone: 972-650-7100 Phone: 817-392-7600 -�
Fax: 972-650-7105 Fax: 817-392-8359
71
Attorney for Defendant Town of Lakeside Attorney for Plaintiff City of Fort Worth
[ACKNOWLEDGEMENTS APPEAR ON THE FOLLOWING PAGE]
AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT140.48260 P.kGE 2
U LO
OFFICIAL.R"CARD 06 0)
CITY SECRETARY 2 N
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FT.WORTH,TX
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned, a notary public in and for the State of Texas, on this day
personally appeared Norman Craven in the capacity of Town Administrator of the Town of
Lakeside, who being by me first duly sworn on oath, deposed and said that he has read the
foregoing Amendment To Fort Worth City Secretary Contract No. 48260 and acknowledged to
me that he executed it for the purposes and consideration therein expressed on behalf of the
Town of Lakeside in his official capacity.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
SC'p� 2018.
E-�
ApDiane C.WolfgangNotary Public in and foMy Ccmmission ExpiresThe State of Texas
04/13/2022IDNo 131523210of�`
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned, a notary public in and for the State of Texas, on this day
personally appeared Jesus J. Chapa in the capacity of Assistant City Manager of the City of Fort
Worth, who being by me first duly sworn on oath, deposed and said that he has read the
foregoing Amendment To Fort Worth City Secretary Contract No. 48260 and acknowledged to
me that he executed it for the purposes and consideration therein expressed on behalf of the City
of Fort Worth in his official capacity.
G%nUNDER MY HAND AND SEAL OF OFFICE, this 9�1— day of
018.
'rO`PPy PL�
.;
RRIA S.SANCNEZ No ry Public in and for
=:'•.!� .';` My Notary ID#2256490 The State of Texas
Ex ire,C
Expecember 19,2021 i
AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO.48260 PAGE 3
FORT WORTH
(REVISED- 4/18/18) PROPERTY DESCRIPTION, PARCEL 5
CERTIFICATE OF CONVENIENCE AND NECESSITY (CCN)
BEING approximately 44 acres situated in the Jacob Wilcox Survey Number 33, Abstract Number
1716,Tarrant County,Texas. Said area is more particularly described as follows:
BEGINNING at the intersection of the east line of Midland Drive (a public right-of-way) with the most
westerly north line of Lupine Circle (a public right-of-way), same being the southwest corner of Lot 1,
Block 5,Ella Young Addition to the city of Lakeside.
THENCE in a general easterly direction, along the rear of Blocks 5, 1 and 14 of said Young Addition,
an approximate distance of 2,924 feet to the east corner of said Block 14; which is in the south right-of-
way line of Sommerville Place Road;
THENCE east along said south right-of-way line, approximately 325 feet to the intersection with
the west right-of-way line of North Surfside Drive;
THENCE in a northeast direction leaving said west right-of-way line, approximately 113 feet to the
present CCN boundary line;
THENCE in a northwest direction along said present CCN line, approximately 354 feet to
the intersection with the aforementioned west right-of-way line of North Surfside drive;
THENCE north along said west line,approximately 380 feet to the intersection with the southeast line
of Jacksboro Highway(State Highway/Transportation Facility Number 199);
THENCE southwest along said southeast line, approximately 108 feet to the aforementioned
present CCN line;
THENCE northwest leaving said southeast line along said present CCN boundary and into said
Jacksboro Highway right-of-way,approximately 128 feet for corner on a current CCN boundary line;
THENCE southwest along said current CCN line, approximately 1,171 feet to the intersection with
the extended west line of Lot 5R1 (Tarrant Appraisal District designation),Block 6,Epps Subdivision;
THENCE south along said extended line, approximately 536 feet to north line of the
aforementioned Sommerville Place Road;
THENCE southwest leaving said north line, approximately 68 feet to the intersection of the east line
of Tyler Place(a public right-of-way)with the south line of said Sommerville Place road;
Sheet 5 of Ei (rev. 4/18/18)
Page 1 of 2
FORTWORTH
Parcel 5 description continued-
THENCE southeast along said east line, approximately 501 feet to north line of Ella Young Drive (a
public right-of-way);
THENCE southwest leaving said north line, approximately 56 feet to the northwest corner of Lot
5, aforementioned Block 1,Ella Young Addition, same being in the south line of said Ella Young Drive;
THENCE southwesterly along said south line with a curve, approximately 540 feet to the
intersection with the most northerly north line of Lupine Circle(a public right-of-way);
THENCE west, approximately 50 feet to the rear lot line in Block 4, of the aforementioned Ella Young
Addition;
THENCE westerly along said rear lot line, approximately 702 feet to the aforementioned east line
of Midland Drive;
THENCE southwest along said east line, approximately 379 feet to the PLACE OF BEGINNING and
containing approximately 44 acres,more or less.
Sheet 6 of (rev. 4/18/18)
Page 2 of 2