HomeMy WebLinkAboutContract 54733-A1 Date Received: 08/09/2021 City Secre tary
8:59 am 54733-A1
Time Received: Number:
FIRST AMENDMENT
TO CITY SECRETARY CONTRACT NO. 54733
RIGHT OF WAY ENCROACHMENT AGREEMENT
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 54733
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 RPFW PROPERTIES, LLC,a
TEXAS 1l nited liability company, acting herein by and through its duly authorized Manger,
hereinafter referred to as "Licensee".
RECITALS
WHEREAS, the City of Fort Worth ("City') and Licensee made and entered into City
Secretary Contract No. 54733 on October 23, 2020 (the "Agreement'D to authorize the use of
public right-of-way for the addition of angled parking and outdoor seating/patio space;and
WHEREAS, the parties wish to amend the Agreement to install additional parking, outdoor
seating/patio seating, and awning totaling 3,125 square feet in right-of-way; and
WHEREAS, it is the mutual desire of City and Licensee to execute this Amendment to the
Agreement to revise the exhibit 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:
Right of Way Amendment OFFICIAL RECORD
PN21-00050 CITY SECRETARY
FT. WORTH, TX
1.
Exhibit A-1 is hereby attached hereto and incorporated herein to the Agreement, consisting
of a revised description of the encroaching improvements.
2.
All other provisions of the Agreement which are not expressly amended herein shall remain
in full force and effect
Right of Way Amendment Page 2 of 5
PN21-00050
EXECUTED on this the 21st day of April , 20 21
City: Licensee:
CITY OF FORT WORTH: RPFW PROPERTIES, LLC
rrelll�1L �
DJ Hac 21,2021 15:44 CDT)
DJ Harrell,Director . ark larris,Manager
Development Services Department
Date: 4/21/2021 Date:_
Approved as to Form and Legality: Attested by: qa�FORr 4
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�. Ronald P. Gonzales ��I o $�d
Matthew Murray(Apr 21,20211 -.37CDT) Ronald P.Gonzales(Aug 9,202108:59 CDT) P"o 0 -
FWBC Sec. 3210 r�Jv° °_�o °
d o Oo 4
Matt Murray,Assistant City Attorney Acting City ��
City Attorney's Office Secretary 0E00
0
00 asa�IC
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.
7ahLQ�G�G2��/L1D�Gl�2,t
Janie Scarlett Morales(Apr 13,202114:23 CDT)
Janie S.Morales
Development Manager
OFFICIAL RECORD
CITY SECRETARY
Right of Way Amendment
PN21-00050 FT. WORTH, TX
111
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 DJ Harrell, 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, andui the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 21st day of
20 21
SPRY PGe JENNIFER L. EZERNACK Jennifer L. Ezernack Dig e:l0 108.061ned by Jennifer 5'00'L. nack
Date:2021.08.06 18:41:47-OS'00'
_ Notary Public
STATE OF TEXAS Notary Public, State of Texas
9�oFP Notary I.D. 130561630
M Comm. Exp. Mar. 1,2024
STATE OF §
COUNTY 0F ��C�q�l�' §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared J.Mary Harris, 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
RPFW Properties, LLC a Texas limited liability company, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of_+�(�1(►1 __
20
�� MORGAN KAITLYN WHATLEY
,Fo•...... Notary Public.State of Texas
; = Comm.Expires 03-18 2024 Not ry IMublic, STate of Texa
i Notary ID 132409419
Right of Way Amendment OFFICIAL RECORD
PN21-00050 CITY SECRETARY
FT. WORTH, TX
EXHIBIT A-1
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Right of Way Amendment Page 5 of 5
PN21-00050
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P.R.C.C.T. PLAT RECORDS,COLLIN COUNTY,TEXAS
C.M. CONTROLLING MONUMENTROW RIGHT OF WAY Mac NAIL
(C.M.)
• SQ.FT. SQUARE FEET 70016 03-E
8.25'
S89049'06'E 27.98'
POINT OF BEGINNING
NOTE: 0 10, 20'
Bearings are based on the State Plane Coordinate
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System,Texas North Central Zone(4202) North o SCALE: 1"=20'
American Datum of 1983(NAD'83),with a combined ENCROACHMENT
scale factor of 1.00012. W AGREEMENT#1
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0.053 ACRES
0 2,316 SQ. FT.
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(16'ALLEY R.O.W.PER
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EXHIBIT
r3rar�ran cr-irar�" 2,316 SQUARE FEET
a^ SUnUEJ- Il7G OUT OF MERRICK STREET
0.>- 5200 State Highway 121
i Colleyvllle,TX76034 100' RIGHT-OF-WAY
Phone:817-864 CITY OF FORT WORTH
info�aJbcsdfw.com om
TBPLS Firm#10194474 TARRANT COUNTY, TEXAS
DRAWN BY:BCS DATE:03-01-2021 JOB NO.:2020.059.001
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EXHIBIT
2,316 SQUARE FEET
r77 OUT OF MERRICK STREET
100' RIGHT-OF-WAY
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
PROPERTY DESCRIPTION
BEING a tract of land out of Merrick Street, having a 100 foot right-of-way as shown on Chamberlin Arlington
Heights, First Filing, an addition in the City of Fort Worth,Tarrant County,Texas, according to the plat recorded
under Volume 63, Page 21, Plat Records of Tarrant County,Texas, (P.R.T.C.T.),the subject tract being more
particularly described by metes and bounds as follows (bearings are based on State Plane Coordinate System, Texas
North Central Zone (4202) North American Datum of 1983 (NAD'83)):
BEGINNING at a point in the west right-of-way of said Merrick Street and the northwest corner of the herein
described tract,same being in the east line of Lot 1 in Block 60 of said Chamberlin Arlington Heights,from which a
MAG nail found for the northeast corner of said Lot 1 bears North 00 degrees 06 minutes 03 seconds East, a distance
of 8.25 feet;
THENCE through the interior of said Merrick Street right-of-way,the following calls:
1. South 89 degrees 49 minutes 06 seconds East, a distance of 27.98 feet;
2. South 00 degrees 06 minutes 47 seconds East, a distance of 108.18 feet to a point, for the beginning of a
non-tangent curve to the left, having a radius of 1.50 feet, with a delta angle of 89 degrees 22 minutes 28
seconds, whose chord bears North 45 degrees 07 minutes 24 seconds West, 2.11 feet;
3.Along said curve to the left, an arc length of 2.34 feet;
4.North 89 degrees 48 minutes 38 seconds West, a distance of 16.09 feet;
5. North 00 degrees 11 minutes 22 seconds East, a distance of 63.69 feet;
6. North 89 degrees 48 minutes 38 seconds West, a distance of 10.89 feet;
7.North 00 degrees 06 minutes 03 seconds East, a distance of 43.00 feet to the POINT OF BEGINNING and
enclosing 0.053 acres (2,316 square feet) of land, more or less.
SURVEYOR'S CERTIFICATE
This is to certify that I,John H. Barton III, a Registered Professional Land Surveyor of the State of Texas, have
prepared this map from an actual survey on the ground, and that this map correctly represents that survey made
by me or under my direction and supervision.
Date of Plat/Map: March 1, 2021
�E OF T
............ .......
OHN HOMER BARTON II
John arton III, 11PLS#6737 0 6737
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LEGEND OF ABBREVIATIONS
• P.R.C.C.T. PLAT RECORDS,COLLIN COUNTY,TEXAS
• C.M. CONTROLLING MONUMENT
• ROW RIGHT OF WAY
NOTE:
Bearings are based on the State Plane Coordinate
System,Texas North Central Zone(4202)North
American Datum of 1983(NAD'83),with a combined
scale factor of 1.00012. 0 10, 20'
SCALE: 1"=20'
Line Data Table
Line// Distance Hearing
COLLINWOOD AVENUE (POSTED) L, 13.36' N0000'3o'E
L2 5,88' N89.06'26'E
(7TH AVENUE PER VOL.63, PG.21,P.R.T.C.T.) L3 10.78' 58833'15"E
(80 R.O.W.PER VOL.63,PG.21, P.R.T.C.T.)
L4 13.66' S00'00'30'W
L5~ 18.23' 1S77'15'00'E
L2 L3 N89056'59"E 34.41'
L=5.53',R=4.47' ENCROACHMENT L=5701 '04" '
A=70054'49" �=57°12'04"
AGREEMENT#2 S28°3632"W 4.31'
Nis°26's4"w s.19' a 0.019 ACRES a
POINT OF BEGINNIN� (809 SQUARE FEET)
1C 2,RERAR �,�1 _ LS MAG NAIL
Y s87°29'S5"W 86.30' N89059'30"W 46.00' — (G.M.)
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ragman CH119 R 809 SQUARE FEET
�^ 9iJl�UE�-1117G OUT OF COLLINWOOD AVENUE
o 5200 State Highway 121
>T Colleyville,TX 76034 100' RIGHT-OF-WAY
En= Phone:817-864-1957 info@bcsdfw.com CITY OF FORT WORTH
TBPLS Firm#10194474 TARRANT COUNTY, TEXAS
��D�IAWNBCS DATE:09-23-2020 10B N0,:2020.059,OD1
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EXHIBIT it if
809 SQUARE FEET
OUT OF COLLINWOOD AVENUE
100' RIGHT-OF-WAY
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
PROPERTY DESCRIPTION
BEING a tract of land out of Collinwood Avenue (also known as 7th Avenue), having an 80 foot right-of-way as shown
on Chamberlin Arlington Heights, First Filing, an addition in the City of Fort Worth, Tarrant County, Texas, according
to the plat recorded under Volume 63, Page 21, Plat Records of Tarrant County,Texas, (P.R.T.C.T.), the subject tract
being more particularly described by metes and bounds as follows (bearings are based on State Plane Coordinate
System,Texas North Central Zone (4202) North American Datum of 1983 (NAD '83)):
BEGINNING at a point in the south right-of-way of said Collinwood Avenue and being the southwest corner of the
herein described tract, from which a 1/2 inch rebar found for the northeast corner of Lot 7 in Block 60 of said
Chamberlin Arlington Heights bears South 87 degrees 29 minutes 55 seconds West, a distance of 86.30 feet;
THENCE through the interior of said Collinwood Avenue right-of-way,the following calls:
1. North 00 degrees 00 minutes 30 seconds East, a distance of 13.36 feet to a point,for the beginning of a tangent
curve to the left, having a radius of 4.47 feet, with a delta angle of 70 degrees 54 minutes 49 seconds, whose
chord bears North 35 degrees 26 minutes 54 seconds West, 5.19 feet;
2. Along said curve to the left, an arc length of 5.53 feet;
3. North 89 degrees 06 minutes 26 seconds East, a distance of 5.88 feet;
4.South 88 degrees 33 minutes 15 seconds East,a distance of 10.78 feet;
5.North 89 degrees 56 minutes 59 seconds East, a distance of 34.41 feet to a point, for the beginning of a
non-tangent curve to the right, having a radius of 4.50 feet, with a delta angle of 57 degrees 12 minutes 04
seconds, whose chord bears South 28 degrees 36 minutes 32 seconds West, 4.31 feet;
6.Along said curve to the right,an arc length of 4.49 feet;
7.South 00 degrees 00 minutes 30 seconds West, a distance of 13.66 feet to a point, from which a mag nail found
for the northeast corner of Lot 1 in block 60 of said Chamberlin Arlington Heights, bears South 77 degrees 15
minutes 00 seconds East a distance of 18.23 feet;
THENCE North 89 degrees 59 minutes 30 seconds East, with the south right-of-way of said Collinwood Avenue, a
distance of 46.00 feet to the POINT OF BEGINNING and enclosing 0.019 acres (809 square feet) of land, more or less.
SURVEYOR'S CERTIFICATE
This is to certify that I,John H. Barton III, a Registered Professional Land Surveyor of the State of Texas, have
prepared this map from an actual survey on the ground, and that this map correctly represents that survey made
by me or under my direction and supervision.
Date of Plat/Map: September 24, 2020
�C"`STeRF' 9
.........................
OH HOMER BARTON II
Joh arton III, RPLS#6737 : 0 6737
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