HomeMy WebLinkAboutContract 52745-A1 03/20/2020
FIRST AMENDMENT
8:32 AM TO CITY SECRETARY CONTRACT NO.52745 CSC No.52745-Al
RIGHT-OF-WAY ENCROACHMENT AGREEMENT
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 52745,
ENCROACHMENT AGREEMENT is made and entered into by and between the CITY OF FORT
NORTH, a home rule municipal corporation of Tarrant County, Texas("City"), acting herein by and
through its duly authorized City Manager, Assistant City Manager, or Planning and Development Director,
and First on 7"',LP, a(n)limited partnership ("Licensee'), acting herein by and through its duly
authorized general partner.
RECITALS
WHEREAS, City and Licensee made and entered into City Secretary Contract No. 52745 on
September G,2019 (the"Agreement"), to authorize the use of the Public Right-of-Way for installation of
stairs, ADA ramp, grease traps,sample wells, clean out, landscape bed and blade sign; and
WHEREAS, the parties wish to amend the Agreement to install one blade sign; and
WHEREAS, it is the mutual desire of City and Licensee to execute this Amendment to the
Agreement to revise"Exhibit A"in the Agreement 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"in the Agreement is hereby replaced with the attached revised description of the
encroachment area, labeled as"Revised Exhibit A."
2.
The effective date of this Amendment shall be the date of its execution by the City.
3.
All other provisions of the Agreement which are not expressly amended herein shall remain in full
force and effect.
®FF4,9A1L RECORD
0TV SECE °WR�°
F-Ta ORK Y
CITY OF FORT WORTH:
D.J. Harrell
Interim Director,Department of Planning and Development
EXECUTED on this the � "V-'
1r r day of ��=-,� , 20 w
Approved as to Form and Legality: Attested by: pyA:4
� - Mary IKayser(Mar1T �_
7 f t f
Matthew A.Murray Mary J. Kayser f
Assistant City Attorney City Secretary . '
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 requircments.
Janie S. Mo tes
Development Manager
LICENSEE'S NAME:
FIRST ON 7T11,LP
a Texas limited partnership
By: TAG WFMG,LLC
a Texas limited liability company, its general partner
By:
&----
Nami4e: 1ciin Darden
Title: Manages
OFFICIAL RECORD
CITY SECRETARY
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 D.J. Harrell, known to me to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to rare that he 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.
(jlVbN UNUER MY HANu AND SEAL OP OFFICE this 19 day of March
20 20 .
Digitally signed by LAURIE
LAURIE PEQUENO LEWIS LAURIE PEQUENO LEWIS
Dal,2:2020.03.19 16:23:56 Notary Public
PEQUENO LEWIS-05,00' STATE OF TEXAS
Notary I.D. 132278952
My Comm.Exp.Dec. 10,2023
Notary Public in and for the State of Texas
After recording return to:
Planning& Development
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
0 F F I RECORDCY A L I
EC
CITY SECRETARlY
VT. WORTH" TX
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of ,
on this day personally appeared Glenn Darden, Manager of TAG WFMG, LLC, a Texas limited
liability company, the general partner of First on 7`i`, LP, a limited partnership, known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to me that he or she
executed the same for the purposes and consideration therein expressed, as the act and deed of First
Qn 701, LP, a limited partnership, and in the capacity therein stated,
GIVEN UNDER MY HAND AND SEAL OF OFFICE this Clay of i r. ' ' 20
%l l f rl
tie?�rpv�. MEi.ISs'A LEE BRAWN
Notary Public, State of Texas
� Comm. Expires 01.02-2021
nr A Notary It) 11600066
Notary Public in and for the
State of �
OFFICUAL RECORD
CITY SECRETARY
REVISED EXHIBIT A
TRACT 1
RIGHT-OF-WAY ENCROACHMENT
BEING a tract of land situated in the Mitchell Baugh Survey, Abstract No. 106, City of Fort Worth, Tarrant County,
Texas, and being part of Burnett Street (60-foot wide right-of-way) as shown on Page 13 of the Brookes Baker. Map
of Fort Worth,Texas, and being more particularly described as follows:
BEGINNING at a point in the northeast right-of-way line of said Burnett Street; from said point the intersection of the
said northeast right-of-way line of Burnett Street and the southeast right-of-way line of W 6th Street (60-foot wide
right-of-way), and being the northwest corner of Block 104, Original Town of Fort Worth (unrecorded plat) as shown
on Page 13 of said Brookes Baker Maly bears North 30'31'18" West, a distance of 4.55 feet; from said northwest
corner of block 104 an"X"cut in concrete found bears North 75951'17"West, a distance of 0.46 feet;
THENCE with the said northeast right-of-way line of Burnett Street, South 30'31'18" East, a distance of 15.67 feet to
a point for corner; from said point the intersection of the said northeast right-of-way line of Burnett Street and the
north right-of-way line of W 71h Street(a variable width right-of-way), and being the southwest corner of Block 104 of
said Original Town of Fort Worth as shown on Page 13 of said Brookes Baker Map bears South 30031'18" East, a
distance of 107.16 feet; from said southwest corner of Block 104 an "X" cut in concrete found bears
South 13'00'09"West, a distance of 0.77 feet;
THENCE departing the said northeast right-of-way line of Burnett Street, the following courses and distances:
South 59'28'42"West, a distance of 4.00 feet to a point for corner;
N^rth 30'31'18"West, a distance of 15.67 feet to a point for corner;
North 59'28'42" East, a distance of 4.00 feet to the POINT OF BEGINNING and containing 63 square feet or
0.0014 acres of land.
TRACT 2
RIGHT-OF-WAY ENCROACHMENT
BEING a tract of land situated in the Mitchell Baugh Survey, Abstract No. 106, City of Fort Worth, Tarrant County,
Texas, and being part of Burnett Street(60-foot wide right-of-way) as shown on Page 13 of the Brookes Baker Map
of Fort Worth, Texas,and being more particularly described as follows:
BEGINNING at a point in the northeast right-of-way line of said Burnett Street; from said point the intersection of the
said northeast right-of-way line of Burnett Street and the southeast right-of-way line of W 6th Street (60-foot wide
right-of-way), and being the northwest corner of Block 104, Original Town of Fort Worth (unrecorded plat)as shown
on Page 13 of said Brookes Baker Map bears North 30'31'18" West, a distance of 27.68 feet; from said northwest
corner of Block 104 an"X"cut in concrete found bears North 75°51'17"West, a distance of 0.46 feet;
THENCE with the said northeast right-of-way line of Burnett Street, South 30031'18" East, a distance of 25.33 foot to
a point for corner; from said point the intersection of the said northeast right-of-way line of Burnett Street and the
north right-of-way line of W 7th Street (a variable width right-of-way), and being the southwest corner of Block 104 of
said Original Town of Fort Worth as shown on Page 13 of said Brookes Baker Map bears South 30'31'18" East, a
distance of 74.37 feet; from said southwest corner of Block 104 an "X" cut in concrete found bears
South 13'00'09"West, a distance of 0.77 feet;
THENCE departing the said northeast right-of-way line of RICH I'-OF-WAY ENCROACHMENT
Burnett Street, the following courses and distances: MITCHELL BAUGH SURVEY,
ABSTRACT NO. 106
CONTINUED ON SHEET 2 CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
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LEGAL, DESCRIPTION (CONTINUED)
South 59928'42"West, a distance of 4.02 feet to a point for corner;
North 30°31'18"West, a distance of 25.33 feet to a point for corner;
North 59°28`42" East, a distance of 4.02 feet to the POINT OF BEGINNING and containing 102 square feet or
0.0023 acres of rand.
TRACT 3
RIGHT-OF-WAY ENCROACHMENT
BEING a tract of land situated in the Mitchell Baugh Survey, Abstract No. 106, City of Fort Worth, Tarrant County,
Texas, and being part of W 6th utreet(60-foot wide right-of-way)as shown on rage 13 of the Brookes Baker Map of
Fort Worth, Texas, and being more particularly described as follows.
BEGINNING at a point in the southeast right-Of-way line of said W 6th Street; from said point the intersection of the
northeast right-of-way tine of Burnett Street (60-foot wide right-of-way) and the said southeast right-of-way line of W
6th Street, and being the northwest corner of Block 104, Original Town of Fort Worth (unrecorded plat)as shown on
Page 13 of said Brookes Baker Map bears South 59a33'53" West, a distance of 1.70 feet; from said northwest
corner of Block 104 an"X"cut in concrete found bears North 7506117"West, a distance of 0.46 feet;
THENCE departing the said southeast right-of-way line of W 6th Street, the following courses and distances:
North 30°26'07"West, a distance of 4.88 feet to a point for corner;
North 59"33'53"East, a distance of 4.15 feet to a point for corner;
North 30a26'07"West, a distance of 1.62 feet to a point for corner;
North 59033'53" East, a distance of 22.77 feet to a point for corner;
South 30a26'07"East, a distance of 1.62 feet to a point for corner;
North 59a33'63" East, a distance of 6.48 feet to a point for corner;
South 30026'07" East, a distance of 4.88 feet to a point for corner in the said southeast right-of-way line of
W 6th Street; from said point the intersection of said southeast right-of-way line of W 6th Street and the
southwest right-of-way line of Lamar Street (60-foot wide right-of-way), and being the northeast corner of
Block 104 of said Original Town of Fort Worth as shown on Page 13 of said Brookes Baker Map bears
North 59033'53" East, a distance of 164.90 feet; from said northeast corner of Block 104 an"X"cut in concrete
found bears North 83°37'57"West, a distance of 0.37 feet;
THENCE with the said southeast right-of-way line of W 6th Street, South 59033'53"West, a distance of 33.41 feet to
the POINT OF BEGINNING and containing 200 square feet or 0.0046 acres of land.
TRACT 4
RIGHT-OF-WAY ENCROACHMENT
BEING a tract of land situated in the Mitchell Baugh Survey, Abstract No. 106, City of For[ Worth, Tarrant County,
Texas, and being part of Lamar Street (60-foot wide right-of-way) as shown on Page 13 of the Brookes Baker Map
of Fort Worth, Texas, and being more particularly described as follows:
CONTINUED ON SHEET 3
RIGHT-OF-WAY ENCROACHMENT
MITCHELL BAUGH SURVEY,
ABSTRACT NO. 106
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
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LEGAL DESCRIPTION (CONTINUED)
BEGINNING at a point in the southwest right-of way line of said Lamar Street; from said point the intersection of the
said southwest right of-way line of Lamar Street and the northeast right-of-way line of W 7th Street (a variable width
right-of-way), and being the southeast corner of Block 104 of said Original Town of Fort Worth as shown on
Page 13 of said Brookes Balser Map bears South 30°26'07" East, a distance of 72.43 feet; from said southeast
corner of Block 104 an "X"cut in concrete found bears North 68057'18"West, a distance of 0.27 feet;
THENCE with the said southwest right-of-way litre of Lamar Street, North 30"26'07"West, a distance of 1.00 feet to
a point for corner; from said point the intersection of the said southwest right-of-way line of Lamar Street and the
southeast right-of-way line of W 6th Street (60-foot wide right-of-way), and being the northeast corner of Block 104
of said Original Town of Fort Worth as shown on Pagc 13 of said Brookes Baker Map bears North 30026'07"West, a
distance of 126.57 feet; from said northeast corner of Block 104 an "X" cut in concrete found bears
North 83°37'57"West, a distance of 0.37 feet;
THENCE departing the said southwest right-of-way line of Lamar Street,the following courses and distances:
North 59033'08" East, a distance of 3.01 feet to a point for corner;
South 30026'52" Gast, a distance of 1.00 feet to a point for corner;
South 50'33'08" West, a distance of 3.01 feet to the POINT OF BEGINNING and containing 3 square feet or
0.0001 acres of land.
NOTES:
Bearing system based on the Texas Coordinate System of 1083 (2011 adjustment), North Central Zone(4202), with
an applied combined scale factor of 1.00012.
A survey plat of even survey date herewith accompanies this metes and bounds description.
The undersigned, Registered Professional Land Surveyor, hereby certifies that foregoing description accurately sets
out the metes and bounds of the encroachment tracts.
RIGHT-OF-WAY ENCROACHMENT
MITCHELL BAUGH SURVEY,
OF Z� Qs ABSTRACT NO. 906
`MICNAE[ C. BILLINGSLEY W� CITY OF FORT WORTH
REGISTERED PROFESSIONAL ............... . ; „
LAND SURVEYOR NO. 6568 MICHREL CLEO BILLINGSLEYi TARRANT COUNTY, TEXAS
801 CHERRY STREET, ........ Kiml
UNIT 11 SUITE 1300 '• ,0 655$
FORT WORTH, TEXAS 76102 �9 11' QFESS��� o�
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°L.14 (XF
L13 N 833*37'57"W0.37)
llit
NORTH L11 ✓ l.j� 6T # STREET
(60-FOOT WIDE RIGHT-OF-WAY)
10 20 S59°3354"W L1a N59°33'53"E
1.70' 164.9W
GRAPHIC SCALE IN FEtr P.O B.
N 75°51'17"W 0,4$1) �
(TRACTTRAC T 3
LEGEND s30°31'18"E ass' L4 P.O,B. 0.0046 ACHNS
P.O.B.=POINT OF BEGINNING (TRACT 1) 200 SO, FT.
XF-"X"CUT IN CONCRETE FOUND S30'31118"E
\ 27.68'
TRACT I �� P.O.B.
0.0014 ACRES j� (TRACT a)
(XF
63 SQ. FT.
N 69158164"W 0.47')
�4
BLOCK 109
TRACT 2 ORIGINAL TOWN OF FORT WORTH
\ UNRECORDED PLAT)
O \ 1 `An2 �el�E (
L6� (REF: BROOKES BAKER MAP OF
102 SQ. FT. \` FORT WORTH, TEXAS, PG. 13)
,A � O
off, ,
q
0,�,
W 7TH STREET
REST \ \
(A VARIABLE WIDTH
NOTES: RIGHT-OF-WAY) {XF S 59°28'42"W 4.49`
)
__.. {XF 5 13°00'09"W 0.77')--�
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202), with an
applied combined scale factor of 1.00012.
A metes and bounds description of even survey date herewith accompanies this survey plat.
The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey plat accurately sets out the
metes and bounds of the encroachment tracts.
RIGHT-OF-WAY ENCROACHMENT
/ MITCHELL BAUGH SURVEY,
o T ABSTRACT NO. 106
ICHAEL C. BILLINGSLEY co ��OtsT o.,<�
.. •.. CITY OF FORT WORTH
REGISTERED PROFESSIONAL TARRANT COUNTY, TEXAS
LAND SURVEYOR NO. 6558 1MICHAEL CLEO BILLINGSLEY
801 CHERRY STREET, ... ..........
UNIT 11 SUITE 1300 � ,0 6558
FORT WORTH, TEXAS 76102 f� p�E55��
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(XF P/�o 2/O
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N30*26ORMAPHIO SCALE IN FEE 126.57'O7"W ��
LEGEND �0 \ FJ
L 181
F.O.B.=POINT OF BEGINNING 9 d \
XF="X"CUT IN CONCRETE FOUND
TRAC ` 4 k'
L17 L20 0.000I ACRES
W � � STREET- 3 SQ. F �. �J \
P.O.B. \
(60-FOOT WIDE RIGHT-OF-WAY) (TRACT6)
t
BLOCK 104
ORIGINAL TOWN OF FORT WORTH
(UNRECORDED PLAT)
(REF: BROOKES BAKER MAP OF �.
FORT WORTH, TEXAS, PG. 13)
LINE TABLE
NO. BEARING LENGTH \
L1 S30'31'16"E 15.67'
1-7 S59'2842'W 4,00'
L3 N30030'24'W 15.67' N 68'67'18"W 0,27')
L4 N58"2842"E 4.Oa'
L5 S30'31'18"E 25,33'
L6 S69*2B'42"W 4.a2`
L7 N30"31'18"W 25,33' ' Off(dF
L8 N59'28'42"E 4,02'
L9 N30026'07"W 4.88`
1-10 N59'33'53"E 4A5'
L11 N30°26'07"W 1.62'
L12 N59'33'53"E 22.77'
L13 530"26'07"E 1,62'
L14 N59°33'53"E 6.48' RIGHT-OF-'WAY ENCROACHMENT i
L15 s3a°26'a7°E 4.a6' MITCHEL.L. BAUGH SURVEY,
L16 559"33'53"W 33.41' ABSTRACT NO. 106
CITY OF FORT WORTH
L17 Nao'26'07"W 1,00' TARRANT COUNTY, TEXAS
L18 N59°33'06"E 3.01,
1-1 9 S30"26'52"E 1.00' K i m I v))) H o r n
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