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HomeMy WebLinkAboutContract 35300STATE OF TEXAS § � COUNTY OF T'ARRANT § c ;f T�' ���4��iA�� '-;C_)�•I ;�i-�;;�,C ;`F� ��;��? . ^ I UlvIFIED SIGN AGREEMENT FOR Legacy Marketplace (NA:ME OF PROJECT) KNOW ALL PERSONS BY THESE PRESENTS that this Unified Sign Agreement is made aud entered into this �2 day of � 7�i � , 20 U�� , upon the following �terms, covenants and agreements: 1. � 3. 4. 5. This Unified Sign Agreement covers real property located at NEc Legacy Drive & Clifford �d more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes (the "Property"). Legacy Marketplace Partners, L.P. (the "Owner"), whose address is 2554 E. Lpng Avenue, Fort Wprth, TX 76137-4801 , is the owner of all the Property subject to this Unified Sign Agreement. Signs shall be constructed on the Property in accordance with the sign plar� attached hereto as Exhibit "B" (the "5ign Plan"). No signs shall be constructed on #he Property or allowed to remain on the Property, except as reflected on the Sign Plan. All parties hereto covenant and agree that the Property covered by this Unified Sign Agreement will be collectively treated as a single premises for the limited purpose of determining the number; size and location of on-premise signs permitted in accordance with Section 6,404(F) of the Comprehensive Zoning Ordinance of the City of Fort Worth, being Ordinance No. 13896, as amended. The covenants, Iimitations and restrictions contained herein shall be covenants running with the land with respect to the Property and shall be bind o��v�i�� ��d- :,, ,�, j � 1 ' Jr ,� s I � ,, � � ,`� ; % ' { 1J �✓." f � � � � � � l i „` S 0 : ` _- �! � y' p r � 'a �'S+T Unified 5�gn A�gr�ement `:� ' r Revised Apri��004 . _ s all parties having any right, title or interest in or to the Property, or any part thereof, and their heirs, successors and assigns. b. Owner agrees to defend, indemnify and hold harmless the City of Fork Worth from ' and against a11 claims or liabilities arising out of or in connection with thi5 Llnified Sign Agreement. 7. This Unified Sign Agreement will be governed by the laws of the State of Texas. 8. This Unified Sign Agreement may be amended or terminated only in accordance with Section 6.404 {F)(7)(b) of the Comprehensive Zoning Ordinance of the City of Fort Worth, Ordinance No. 13896, as amended, which reads as follows: (b) A LTnified Sign Agreement may be amended or terminated as follows: i) The amendment or termination agreement shall be executed by all owners of the properties included in the Unified Sign Agreement, and all lien holders, other than a taxing entity, that have an i.nterest in land covered by the agreement or an unprovement on such land. ii) A termination agreement shall be approyed by the City Council if all signs on the property governed by the agreement are in compliance with City sign xegulations, as if no Unified Sign Agreement had been executed. Any signs that are not in compliance shall be removed�or brought into compliance prior to approvai of the agreement by,the City Council. iii) In considering whether to approve an amendment to a Unified Sign Agreement, the City Council shall consider the criteria for approval of Unified Sign Agreements set out in Paragraph F.3. 9. Owner represents that there are no lien holders, other than taxing entities that have an interest in the Property or any unprovements on the Properiy. [Note: Modify as needed. Lien holders must also execute this agreement.] Unified Sign AgreemenE Revised Apri12004 a _e ...�_- --�-...�t � � � >i�� !� � {�� ^... �' r �.: Y�I, tS f�Ul. `�' t.SG YI � �l � r, � � � 1 � ;; � r�.�.'��5�:��2,c% ���:�. _ _ -.� 4(=�r ;��� '� 'i , _ . ., � : �' l�_����� i' � ,g, �.���}�x� LEGA CY DRI VE (SO' RIGHT—OF— WA Y) 8� N.LN07Id vnvrunv✓ ra a>o � � � e � a � � l SIGNAGE SITE PLAN - 'A' � "` °.R Q LEOACY MAqKETPLACB .1Dunaway a"P".... = R ''. � ! WHI7E SE17LElNEN7' IID. � tlssociales, L.P. I �..m EXECIJTED on the day and year first above recited. Owner: STATE OF TEXAS § COUNTY OF TARRANT § Legacy Marketplace Partners, L.P. A Texas Limited P rtn rahi� Legaey Ma.rketplace Management, L.L.C. By;Its General Partner :` By: _ � � � , �!`J�,�-- `'` � � °� I/� � Roc7ney I�egwoocl �( .Eresident This instrument was acknowledged before me on the � day of (' t�,� , 20 0? by `%=�ci��'�' �� "' ��i�C�� , , of , on behalf of L.� � :� ; �ii'�r � �' " � �"�, ,�, . GIVEN UNDER MY �IAND AND , 200�,�111f►�� ��� P�td� S: � YoHS�i� � �, •Noi�n �uenc': � i � .� � � ': st�r� o� �x�s • ♦ �j��'•,..�.••' '� ♦ �o,e� APPROVED AS TO FORM'��� j�♦l��, AND LEGALITY: �-- A�^ � J//���� Q� 6' �, j ` ��2� �" � �1 1 / / ssista�it Cit � Attomey � �, _��:;::s�-._ .;: i[� _ . - �tii ili�5' 1ac ,i�i� : iti� �ir�l 11i,, ,. � ��g _ :or.fir.acc Authc�r�.zs��io� �I�O Da�.� � SEAL QF OFFICE this � day of APPROVEID: f (%�� a_ __— �1.� Assista City Mar%�ger � City of Fort Worth � � ` � � ' ,. 1 %, 1 -� ti.i'��J � �/ t� T��V � � ��`��, � J IV�C � �,r. � / :\ �i nlia}��fi�, ,inqa c'.� u „_ �y �li �'i � 1i ^:fS'll ;� ; � J, .. � �:I��.�, ���5�; . Unified Sign Agreement Revised April 2004 � STATE QF TEXAS § COUNTY OF TARRANT § , This instrument was acknowledged before me on the ��/ t�lay of �2� , 2�� �y ��,�, A.�- �,� .� (, �L R, Assistant Ciiy Manager of the City of Fort Worth, on behalf of the City of Fort Worth. �j� , GIVEN UNDER MY HAND AND SEAL OF OFFICE this � day of / �' ,.20@� 200-] , _ ,. �::...-, � � �' ��� �E� ;%�. /1�G:�L>Zu1' „t� APIA L. BRISEMO � ,�� Notary Pu61ic, state oi Texas NOTARY PUBLIC, STATE OF TEXAS � My Commisswn Fxpires March U7, 2011 After recording, return to; Legacy Marketplace:Partners� L.P. (Name o� Owner) 2554 East Long Ave. (Street Address) Fort Worth, TX 76137-4801 � (City, State, Zip Code) Note that this agreement is valid only after two file marked copies are returned to the City � Secretary of the City of Fort Worth. �, -, ,�� , n -[.-„ ., ., nn�I ��l���ll����''�,�� �,1�'J���'Y��IJ .% �.1SI�1�� '�i-��' ��' [�/l.. `j r.R + � I 1, �`� I Unified Sign Agreement Revised April 2004 tt��1LI1I111�11� 5 ti1 9 t�\ BEINip a tract of land situated in the .�ud I�owland �urvey, Abstract Number 1355 and being a portion of L,ot 1-R, �lock 3, I.egacy Square, an addiiion to the �ity of Fort Worth, �'anant County, Texas, and being more particularly described by metes and bounds as follows: COlVIMENCIN� at a 5/8" steel rod at ghe intersection of ihe northv�=esierly right-of-way line of �Jhite Settlement �oad and the a�artheasterl}� right-of-w�y line of �,egacy I�rive at the southernmosi comer of said i,ot 1-R, �lock 3; TI�NC� North 3�-° 11' 07" ��Test along said nartheasterly righ�-of-way line of L,egacy Drive and the souihwest line of said L,ot 1-�, �lock 3, 333.23 feet to a'/2" steel rod at the POIlVT O�' BECiIN��T�'a; T�IENCE continuing North 34° 11' 07" �Test along said northeasferly right-of-way line of Legacy Iarive and the souihwest line af said �,ot 1-�, I�locl� 3, 300.35 ieet to a, 5/3" steel rod at the beginning of a. curve to the left; T�NC� continuing along said noii�ea.sterly righi-of-way Iine of I,egacy IJrive with said curve to the lefi, having a radius �� 1040.00 feet, �.hrough a. ceniral angle of 02° 57' 49" an arc length of 53.80 feet, the long chord of which bears I�torth 35° 40' 02" West, 53.79 f�et to a 5/8" steel rod at fhe westerz�rriost c�rner of said �,ot 1-�Z, Block 3, and the southernmost corner of �locic 2 of L,egacy Squar�, �n addition to the �ity of Fort �Iorth, Tarrant �ounty, 'Texa.s accordi�g to ihe pla� z-e�ord�d ir� �olume 3�5-1 ��, Page 85, �lat �ecords, �'arrani ��uniy, Teras; THENCE North 55° 06' 03" �ast along the northwesi: li�1e of said I.oi 1-�, �locic 3 and the southeast line of said �lock 2, 451.Q7 feet to a�apped 5/8" sieel fod in the northeast line of said Lot 1-IZ, �lock 3, in a non-tangent curve to the le�C; Ti�ENCE along �he northeast line or said �,ot 1-R, �locPc 3, tuith said rao�-iangent curve to the left, having a radius of 753.1 ��eet, through a ceniral angle of O 1° 06' 19" an arc length of 14.53 feet, the long chord of which bears �outh 77° 13' 12" �ast, 14.53 feet to a capped 5/8" steel rod; THENCE, continuing along the nort�east line af s��� �,ot 1-�, �locl� 3, South 77° 46' 22" East, 482.00 feet to a'h" steel rod; �N�CE �outh 55° 48' S3" �+Test, passing a Y2" steel rod ai �1ne northernmost corner of �,ot 2-�, Blocic 3 oi said Legacy �q�are, �.t 256.27 feet, and contin�zing along the northwest line of said I.ot 2-I�, �lock 3, passing a.'h" steel rod at ihe westernmost corner thereof at 493.77 feet and coniir�ving i� ail 792.2� �eet to t�e �O�N'�' O� �3E�lNNINC� and ��NTAININ� 5.101 acres (222,1 �9 square feet} of (and, rnore or less. The description reci€.ed herein uvas taken fro� the description v�rithin ihe deed to �ospel Inspirational �e11ov��ship �'aberr�acl� r�corded in �Iolur�e 1�515, �age 165, I�eed �ecords of Tarrant �ounty, �'�x�s and is not based �apon ar� on the ground survey. Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/1/2007 DATE: Tuesday, May 01, 2007 LOG NAME: 06LEGACY REFERENCE NO.: C-22098 SUBJECT: Authorization to Execute a Unified Sign Agreement with Legacy Marketplace Partners, LP RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into a Unified Sign Agreement with Legacy Marketplace Partners, LP, in the 9600 block of Legacy Drive. DISCUSSION: Section 6.404 F of Zoning Ordinance No. 16086, establishes a procedure for the creation of a Unified Sign Agreement. This agreement allows for adjacent lots, part of a clearly defined commercial development, to be considered a single premises for the purpose of erecting detached signage. The Unified Sign Agreement and proposed sign plan must be approved by City Council and executed in accordance with the Zoning Ordinance. Criteria for Approval: To be considered eligible for a Unified Sign Agreement adjacent lots must be part of a clearly defined commercial development. The proposed signage must demonstrate a reduction in sign clutter as evidenced by a reduction in the number, size and height of detached signage that would otherwise be permitted. The property must be zoned "E" or less restrictive and the property may only be subject to one such agreement. The proposed sign agreement meets this criteria and the property is currently zoned "G". At Legacy Marketplace the current sign code would allow a total of 6 detached signs with a total sign square footage of 354 square feet. This Unified Sign Agreement proposes a total of 2 detached signs with a total square footage of 304 square feet, resulting in a reduction of approximately 14 percent of allowable signage. Notice was mailed to all property owners within 300 feet and registered neighborhood associations within one quarter mile on March 30, 2007. This property is located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 5/17/2007 TO Fund/AccountlCenters Submitted for City Manager's Office b r��. Originating Department Head: Additional Information Contact: FROM Fund/AccountJCenters Dale Fisseler (6140) Bob Riley (8901) David Schroeder (2239) Page 2 of 2 http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 5/17/2007