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Home My WebLink AboutContract 56205-A1 Date Received: Sep 13,2021 City Secretary Time Received: 4:00 PM Number: 56205-A1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO.56205 EASEMENT ENCROACHMENT LICENSE AGREEMENT This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO.56205, EASEMENT ENCROACHMENT LICENSE AGREEMENT is made and entered into by and between the CITY OF FORT WORTH,a home rule municipal corporation of Tarrant County,Texas ("City"),acting herein by and through its duly authorized City Manager,Assistant City Manager,or Development Services Department Director,and Colonial Development Partners,LLC.,a(n) limited liability company("Licensee"),acting herein by and through its duly authorized managing member. RECITALS WHEREAS,City and Licensee made and entered into City Secretary Contract No. 56205 on August 24,2021 (the"Agreement"),to authorize the use of the City's easement for the purposes of installing a 4"private storm drain and 720 sq. ft.of a building encroaching into a public,utility,sanitary sewer and drainage easement;and WHEREAS, the parties wish to amend the Agreement to include the attached "Exhibit C-2"that reflects the scope and description in Section 1, paragraph 2 of the Agreement; and WHEREAS, the parties wish to amend the Agreement to include consent letters from the other franchise utility companies to construct, place, and maintain the improvements within the public utility easement as shown in the attached "Exhibit E"; and WHEREAS,it is the mutual desire of City and Licensee to execute this Amendment to the Agreement to include "Exhibit E"in the Agreement to depict the additional consent letters from the franchise utility companies. NOW,THEREFORE,City and Licensee, acting herein by and through their duly authorized representatives,enter into the following that amends the Agreement: Revised 04/2020 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX 1. The effective date of this Amendment shall be the date of its execution by the City. 2. All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. [REMAINDER OF THIS PAGE TO REMAIN BLANK) Revised 04/2020 CITY OF FORT WORTH: LICENSEE: COLONIAL DEVELOPMENT PARTNERS, LLC By: 2SP Partners, LLC its managing member �y DJ Harrell(Sep 10,202111:47 CDT) DJ Harrell, Director Name: Kyle Poulson Development Services Title: Member Date: Sep 10,2021 Date: -7 ,p-04��n� bpF FORT�aa Approved as to Form and Legality: Attested by: �,�o ° 1'000000 ° �P. o �9�d ° ° FWBC Sec. 3210 Ronald P. Gonzales, �nF�pS�p� T. Royce Hansen,Assistant City Attorney II Acting City Secretary City Attorney's Office Date: Sep 10,2021 Date: Sep 13,2021 CONTRACT COMPLIANCE SPECIALIST: 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. Janie Scarlett Morales Development Manager Revised 04/2020 OFFICIAL RECORD CITY SECRETARY 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 DJ Harrell, Director, known to me to be the person whose name is subscribed to the foregoing instrument,and acknowledged to me 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this loth day of September ,20 21 . ,�p.RY PLe JENNIFER L. EZERNACK Jennifer L. Digitally signed by Jennifer L. _ Notary Public Ezernack * + STATE OF TEXAS Ezernack Date:2021.09.10 12:46:07-05'00' N9jFOFP Notary I.D. 130561630 My Comm. Exp.Mar. 1,2024 Notary Public in and for the State of Texas After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth,Texas 76102 Revised 04/2020 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX STATE OF TEXAS § "Y' ZACH ETHEREDGE ;° Notary ID kt 32327757 My Commission Expires COUNTY OF TARRANT § � January 24,2024 BEFORE ME, the undersigned authority, a Notary Public in and for the State of X , on this day personally appeared Kyle Poulson, managing member 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 Colonial Development, a limited liability company,and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this —7 7* day of gPr• , 20 21 Z'W 1--CV*W4L b Notary Public in and for the State of Revised 04/2020 EXHIBIT C-2 Revised 04/2020 `JNNVd IIVHdSV pip (AVM-A-1HOIN HLQUM 318VIUVA) V +s .= 133b1S ddNN1381S3M Z o •� � W N 00 06 Q I� C ` f0 V r u z �-- cow O = E T o 11 � z u c = ;nN �w� zi W F" X �M) C� a� Wa Q W SW O 1� D O N � G kl w o �a v �oN vac ou �#W z 3 w Zw 4�in Iwccj = LLJJJ V W pOC Z O LL z 0 O u �� z W f-x { = ..t `' � W atisa 1 r �a W W =J Md 1 �a f..< I Of d N 8 Vl = .gin iA nV' C1FW Wm (N 0LO 2N l- O < Lnc,40)K) mp?mC °� w N Z w =�Na 0 0J w _ _ f q • /� F OIIM 1lVHdSV p Av)A-•M-jV&H 301% r 1332l1i33f1191S3M:� < _._ — W i m - H �a ,L N. U. AA 0 0 L LL z 4 U_ T 0. N U l7 Y 72 O � L LLLI k►P VJ 1403lYJAI>il1YD 1Y1911r3 J1i59 44ts UO i1LYa11!Wd 1 ou1Y ROL'K MC'A YL.mo mmwd ww":A9 03.uold EXHIBIT E Revised 04/2020 l energy August 31,2021 Colonial Development Partners LLC 900 West Belknap Fort Worth, Texas 76102 Re: Encroachment into utility easement Colonial Development Partners LLC Upon your request I have reviewed the location of gas facilities near your site. Atmos does not object to the encroachment at the property listed above. Verification of the gas line can be obtained through 811 Call Before You Dig. Any damages due to the encroachment will be billed to the parties causing the damage. If you have any questions please call me at 214-549-7144. Sincerely, Bobby Oney Project Manager Atmos Energy Corporation 100 West Momingsidc Fort Worth,Texas 76110 AT&T AT&T Right-of-Way 13845 FAA Blvd. Fort Worth,TX 76155 August 27,2021 Nicholas J.Powell,PE Dunaway Associates 500 Bailey Avenue,Suite 400 Fort Worth,TX 76107 Re: Easement Encroachment 900 West Belknap Street,Fort Worth,Texas Lot 1R,Block R-Fields Hillside Addition-D218018576-Tarrant County Mr.Powell, Southwestern Bell Telephone Company,d/b/a AT&T Texas,has no objections to the encroachment into the existing easement for the property referenced above at 900 W Belknap St. It is not the intent of this letter to waive any rights granted to AT&T in said platted utility easements or right-of-way except to permit this encroachment. AT&T shall continue to have unrestricted access to,on and across the easement/right-of-way for installation,repairs, replacement,or upgrades to facilities. There could be overhead and/or underground facilities within the area. Exercise extreme caution with respect to such facilities. Contact Texas811 for underground locates before any digging is done. Costs of any damages to facilities would be at your expense. Please let me know if you have any questions. Sincerely, Ray A.Garcia AT&T-Manager OSP Planning&Engineering Design I Right-of-Way Office:817-550-7576 ray.xarcia@att.com bNCQR Date:August 27,2021 Customer/Contractor Name: Nicholas Powell/Dunaway Survey Company City/State/Zip: Fort Worth, Texas 76105 Re: X_Encroachment: UTILITY EASEMENT encroachment of Private storm drain, 900 West Belknap, Fort Worth, Texas Good afternoon Mr.Powell I have received your request to encroach upon the City's alley way/Utility easement in above referenced location. Based on your request to encroach into an existing right of way with a private storm drain, as shown on the attached Exhibit. Oncor does have facilities located within that portion of the above mentioned easement however, the impact upon our facilities are minimal. This letter is to serve the purpose of ALLOWING the encroachment from Oncor in said easement, as shown in the exhibit, and made a part of this Letter of Consent to encroach upon the easement. If you have any questions or need additional information, please contact the Oncor office at (817)443-3434. Sincerely Budd Rodgers, SR/WA4' ONCOR ELECTRIC DELIVERY 7860 Winbrook Dr Benbrook,TX 76126 Spectrum 9/3/2021 Nicholas J. Powell Dunaway Associates SUBJECT: Encroachment of SW corner of Belknap&Henderson,Fort Worth,TX. Spectrum Communications hereby grants an encroachment for the purpose of future development of the vacant lot into a portion of the General Utility Easement associated with the property located near SW corner of Belknap& Henderson,within the City of Fort Worth,Texas 76102. Spectrum Communications reserves the right to have access to any applicable utility easements on the property for the purpose of future construction or maintenance. The owner and/or lessee of said property may also be responsible for the relocation/removal of any structure interfering with access to these easements, if necessary. Spectrum Communications currently has no facilities within this easement. If it has not already taken place, please call 1-800-DIG-TESS to have facilities marked and located within affected easements before any excavations are started. For future reference, please send all utility coordination,abandonments, encroachments, plat signatures,or serviceability requests,or notices of relocation to west-engineering-relo@Spectrum.com. Please share this information with whoever needs these services. Sincerely, 7e,52A& (2&&i4, Marla Collier Business Development Specialist Spectrum Communications