HomeMy WebLinkAboutContract 48615-A1FIRST AMENDMENT CITY SECRETARY
TO CITY SECRETARY CONTRACT NO. 48615GvlaTRAC7 N0. � �' -
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RIGHT OF WAY ENCROACHMENT AGREEMENT
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 48615,
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 1455 Magnolia, LLC acting
herein by and through its duly authorized representative, hereinafter referred to as "Licensee".
RECITALS
WHEREAS, the City of Fort Worth ("City") and Licensee made and entered into City
Secretary Contract No.48615 on January 26, 2017 (the "Agreement") to authorize the use of right-
of-way for the construction of a mixed-use building to be located in the public right-of-way; and
WHEREAS, the parties wish to amend the Agreement to add parking stalls within the alley
to the encroachment agreement; and
WHEREAS, it is the mutual desire of City and Licensee to execute this Amendment to the
Agreement to supplement the exhibit in the Agreement "Exhibit A" 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 description of the additional encroaching improvements.
Right of Way Amendment
OFIFIOALoRECORD
CITY SECRETARY
FT. WORT i 'TX
2.
All other provisions of the Agreement which are not expressly amended herein shall remain
in full force and effect
EXECUTED on this the —/0day of ''�, 20
and Development
Approved as to Form and Legality: ,`..i"� y Attested by:
ox; �' 4
C) )
Trey Qua s J. r
Assistant City Attorney { . fi City Secretary
S .��
LICENSEE'S NAME: fLLc
By:
Printed Name: PAA- AgT-Ec.,D
Title: M&VA c Ed_
•
Right of Way Amendment
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
re _ Vemmets. �n
�J
Janie S. Morales
Development Manager
OFFICIAL RECORD
CIVVSiftTARY
FT. WORTH, TX
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 Randle Harwood, 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 1 , 20 �J
Hy .p 0I� JENNIFER LOUISE EZERNACK
x°;•� �sNotary Public, State of Texas
=Na• Q? Comm. Expires 03-01-2020
Notary ID 130561630
STATE OF
COUNTY OF
Nota Public, St of Texas
as
BEFORE ME, the undersigned authority, a Notary,Public in and for the State of
Texas, on this day personally appeared 44-4.1 6l4 (Name),
_ (Title), known to me to be the person whose name is subscribed to the
foregoing t strument, and acknowledged to me that he/she executed the same for the. purposes
and consideration therein expressed, as the act and deed of _ I*Tr ,v,4 C,_04; , LA—
(Licensee Name), and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20/
BETHANY GILLENTINE
Notary State of Texas
o: Public,
.°Q= Comm. Expires 07-06-2021
fill Notary ID 131196114 Notary Pub c, State of Texas
Right of Way Amendment
OFFAJI'e" 3 )gFCORD
CITY SECRETARY
FT. WORTH, TX
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DESCRIPTION
BEING A TRACT OF LAND SITUATED IN THE 10 FOOT WIDE ALLEY OF BLOCK C, MCANULTY AND NYE'S
SUBDIVISION OF BLOCK 29, FIELDS WELCH ADDITION TO FORT WORTH, TEXAS, AS RECORDED IN VOLUME 63,
PAGE 66, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
COMMENCING AT A 1/2 INCH IRON ROD FOUND AT THE SOUTHEAST CORNER OF LOT 29, BLOCK C, SAID
POINT BEING ON THE WEST RIGHT-OF-WAY LINE OF FAIRMOUNT AVENUE (50' RIGHT-OF-WAY);
THENCE SOUTH 89°25'51" WEST, ALONG THE SOUTH LINE OF SAID LOT 29, A DISTANCE OF 100.01 FEET TO A
POINT ON THE EAST LINE OF SAID 10 FOOT WIDE ALLEY, BEING THE SOUTHWEST CORNER OF SAID LOT 29;
THENCE, NORTH 00°34'30" WEST, ALONG THE EAST LINE OF SAID 10 FOOT WIDE ALLEY, A DISTANCE OF 44.91
FEET TO THE SOUTHEAST CORNER AND POINT OF BEGINNING;
THENCE SOUTH 89'25'30" WEST, A DISTANCE OF 10.00 FEET TO A POINT ON THE WEST LINE OF SAID 10
FOOT WIDE ALLEY;
THENCE NORTH 00'34'30" WEST, ALONG SAID WEST LINE, A DISTANCE OF 16.50 FEET;
THENCE NORTH 89'25'30" EAST, A DISTANCE OF 10.00 FEET TO A POINT ON THE EAST LINE OF SAID 10
FOOT WIDE ALLEY;
THENCE SOUTH 0034'30" EAST, ALONG SAID EAST LINE, A DISTANCE OF 16.50 FEET TO THE POINT OF
BEGINNING.
SAID PARCEL CONTAINS 165 SQUARE FEET OR 0.004 ACRES, MORE OR LESS.
PREPARED BY: DANNY HALEY
TEXAS R.P.L.S. NO. 6565
ON BEHALF OF: HARRIS KOCHER SMITH
101 SUMMIT AVENUE, SUITE 316
FORT WORTH, TEXAS 76102
817.769.6279
Exhibit A-1
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ISSUE DATE: 10/17/2018 1 PROJECTM 150418 A DESCRIPTION OF A 10' WIDECHK'DBY: DJH
DATE REVISION COMMENTS HARRIS DRAWN BY: DJH
PARKING AREA ENCROACHMENT KOCHER JOBNUM' 150418
SITUATED IN BLOCK CSMITHS �.
101 Summit Avenue, Suile 716
Fort W -,as 76102
MCANULTY AND NYE'S SUBDIVISION OF BLOCK 29 P: 817 69.622779TFz8177696298
FIELDS WELCH ADDITION TO FORT WORTH TEXAS HarrisKocherSmeh.com 01 1
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EXHIBIT
FOUND 5/8 INCH WEST MAGNOLIA AVENUE FOUND 1/2 INCH
IRON ROD (80' PUBLIC R.O.W.) IRON ROD
LOTS 1-4 AND 29-32, BLOCK C W
LOT 1 MCANULTY AND NYE'S SUBDIVISION OF BLOCK 29 LOT 32
FIELDS WELCH ADDITION TO FORT WORTH TEXAS 1 Z ^
VOL. 63, PAGE 66
LOT 2
PARKING AREA ENCROACHMENT
165 SO FT.
0.004 ACRES
LOT 4
LOT 5
FOUND 1/2 INCH
IRON ROD
L5
LOT 31
L3 LOT 30
POINT OF
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LOT 29 1 U-
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I POINT OF
20' DRAINAGE EASEMENT COMMENCEMENT
VOL. 11365, PG. 199 LOT 28 FOUND 1/2 INCH
1 IRON ROD
10' ALLEY
j Ir VOL. 63, PG. 66
40 0 40
SCALE: 1 "= 40'
PRELIMINARY, THIS DOCUMENT SHALL
NOT BE RECORDED FOR ANY
PURPOSE AND SHALL NOT BE USED
OR VIEWED OR RELIED UPON AS A
FINAL SURVEY DOCUMENT
LINE TABLE
LINE
BEARING
LENGTH
L1
S89°25'51"W
100.01'
L2
N00°34'30"W
44.91'
L3
S89°25'30"W
10.00'
L4
N00°34'30"W
16.50'
L5
N89°25'30"E
10.00'
L6
S00°34'30"E
16.50'
N OTE:
THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED LAND SURVEY. IT
IS INTENDED TO DEPICT ONLY THE ATTACHED LEGAL DESCRIPTION.
DANNY HALEY
REGISTERED PROFESSIONAL LAND SURVEYOR
TEXAS REGISTRATION NO. 6565
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Exhibit A-1 BASIS OF BEARINGS BEING GRID NORTH, TEXAS COORDINATE SYSTEM,
NORTH CENTRAL ZONE, NAD83 (ADJUSTMENT 2011, EPOCH DATE
2010), DETERMINED BY GPS OBSERVATIONS.
TEXAS FIRM N0. 10194145
ISSUE DATE: 10/1712018 1 PROJECT#. 150418
AN EXHIBIT SHOWING A 10' WIDE
PARKING AREA ENCROACHMENT
SITUATED IN BLOCK CSMITH
MCANULTY AND NYE'S SUBDIVISION OF BLOCK 29
FIELDS WELCH ADDITION TO FORT WORTH TEXAS
HARRIS
KOCHER
1 o1 Summit Avenue, Suite 316
P: 817.76
17 69.6227797Fx8177696298
HesKocherSmtth.com
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CHKD BY: DJH
DRAWN 'Y 1DJH
DATE REVISION COMMENTS
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DESCRIPTION
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BEING A TRACT OF LAND SITUATED IN THE 10 FOOT WIDE ALLEY OF BLOCK C, MCANULTY AND NYE'S
SUBDIVISION OF BLOCK 29, FIELDS WELCH ADDITION TO FORT WORTH, TEXAS, AS RECORDED IN VOLUME 63,
PAGE 66, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
COMMENCING AT A 1/2 INCH IRON ROD FOUND AT THE SOUTHEAST CORNER OF LOT 29, BLOCK C, SAID
POINT BEING ON THE WEST RIGHT-OF-WAY LINE OF FAIRMOUNT AVENUE (50' RIGHT-OF-WAY);
THENCE SOUTH 89°25'51" WEST, ALONG THE SOUTH LINE OF SAID LOT 29, A DISTANCE OF 100.01 FEET TO A
POINT ON THE EAST LINE OF SAID 10 FOOT WIDE ALLEY, BEING THE SOUTHWEST CORNER OF SAID LOT 29;
THENCE, NORTH 00'34'30" WEST, ALONG THE EAST LINE OF SAID 10 FOOT WIDE ALLEY, A DISTANCE OF 4.41
FEET TO THE SOUTHEAST CORNER AND POINT OF BEGINNING;
THENCE SOUTH 89'25'30" WEST, A DISTANCE OF 10.00 FEET TO A POINT ON THE WEST LINE OF SAID 10
FOOT WIDE ALLEY;
THENCE NORTH 00'34'30" WEST, ALONG SAID WEST LINE, A DISTANCE OF 16.50 FEET;
THENCE NORTH 89°25'30" EAST, A DISTANCE OF 10.00 FEET TO A POINT ON THE EAST LINE OF SAID 10
FOOT WIDE ALLEY;
THENCE SOUTH 00°34'30" EAST, ALONG SAID EAST LINE, A DISTANCE OF 16.50 FEET TO THE POINT OF
BEGINNING.
SAID PARCEL CONTAINS 165 SQUARE FEET OR 0.004 ACRES, MORE OR LESS.
PREPARED BY: DANNY HALEY
TEXAS R.P.L.S. NO. 6565
ON BEHALF OF: HARRIS KOCHER SMITH
101 SUMMIT AVENUE, SUITE 316
FORT WORTH, TEXAS 76102
817.769.6279
Exhibit A-1
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ISSUE DATE: 10/172018 1 PROJECTM 150418 A DESCRIPTION OF A 10' WIDE
DATE REVISION COMMENTS HARRIS CHK'D BY: DJR
DRAWNDJH
PARKING AREA ENCROACHMENT KOCHER OBNUMY 150418
SITUATED IN BLOCK CSMITH s„EErNo.
101 Summit Avenue, Suite 316
76102
MCANULTY AND NYE'S SUBDIVISION OF BLOCK 29 P: 817.769.62W.2779TF: 817.7696298
FIELDS WELCH ADDITION TO FORT WORTH TEXAS HenisKocherSmith.com
OF ,
EXHIBIT
LOT 5
FOUND 1/2 INCH
IRON ROD
L3
POINT OF
L2 BEGINNING
20' DRAINAGE EASEMENT LOT 28
VOL. 11365, PG. 199
I I 10' ALLEY
y j —VOL. 63, PG. 66
40 0 40
SCALE: 1 "= 40'
PRELIMINARY, THIS DOCUMENT SHALL
NOT BE RECORDED FOR ANY
PURPOSE AND SHALL NOT BE USED
OR VIEWED OR RELIED UPON AS A
FINAL SURVEY DOCUMENT
POINT OF
COMMENCEMENT
FOUND 1/2 INCH
IRON ROD
I
I
LINE TABLE
LINE
FOUND 5/8 INCH
WEST MAGNOLIA AVENUE
FOUND 1/2 INCH
S89°25'51 "W
100.01'
IRON ROD
(80' PUBLIC R.O.W.)
IRON
ROD
S89°25'30"W
10.00'
L4
N00'34'30"W
16.50'
L5
N89°25'30"E
10.00'
LOT 1
LOTS 1-4 AND 29-32, LOT 32
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Z
BLOCK C
W
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MCANULTY AND NYE'S I
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LOT 2
SUBDIVISION OF BLOCK 29 LOT 31
Q
W
I
FIELDS WELCH ADDITION TO
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FORT WORTH TEXAS
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VOL. 63, PAGE 66 LOT 30a
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LOT 3
I PARKING AREA ENCROACHMENT
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165 SO FT.
L5 �
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a
LOT 4
0.004 ACRES
�: -j LOT 29
Q
LL
L1
LOT 5
FOUND 1/2 INCH
IRON ROD
L3
POINT OF
L2 BEGINNING
20' DRAINAGE EASEMENT LOT 28
VOL. 11365, PG. 199
I I 10' ALLEY
y j —VOL. 63, PG. 66
40 0 40
SCALE: 1 "= 40'
PRELIMINARY, THIS DOCUMENT SHALL
NOT BE RECORDED FOR ANY
PURPOSE AND SHALL NOT BE USED
OR VIEWED OR RELIED UPON AS A
FINAL SURVEY DOCUMENT
POINT OF
COMMENCEMENT
FOUND 1/2 INCH
IRON ROD
I
I
LINE TABLE
LINE
BEARING
LENGTH
L1
S89°25'51 "W
100.01'
L2
N00°34'30"W
4.41'
L3
S89°25'30"W
10.00'
L4
N00'34'30"W
16.50'
L5
N89°25'30"E
10.00'
L6
S00°34'30"E
16.50'
NOTE:
THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED LAND SURVEY. IT
IS INTENDED TO DEPICT ONLY THE ATTACHED LEGAL DESCRIPTION.
DANNY HALEY
REGISTERED PROFESSIONAL LAND SURVEYOR
TEXAS REGISTRATION NO. 6565
vx¢r.ro ova¢\swKnoTMw ov.r¢ nusv�z-way oc uwr n
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BASIS OF BEARINGS BEING GRID NORTH, TEXAS COORDINATE SYSTEM,
NORTH CENTRAL ZONE, NAD83 (ADJUSTMENT 2011, EPOCH DATE
Exhibit A-1 2010), DETERMINED BY GPS OBSERVATIONS.
TEW FIRM N0. 10194145
ISSUE DATE: 10117018 1 PROJECT#: 150418
AN EXHIBIT SHOWING A 10' WIDE
PARKING AREA ENCROACHMENT
SITUATED IN BLOCK C
MCANULTY AND NYE'S SUBDIVISION OF BLOCK 29
FIELDS WELCH ADDITION TO FORT WORTH TEXAS
o H R
101 Summit Ave u.....,ui1�B Fort
76102
P; 817 69.62'79Texas F:817.7696298
HerrisKocherSmtth.com
CHK'DBY: DJH
DJH
j 6 UM:
JOB NUM
DATE REVISION COMMENTS
ET NO150418
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