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HomeMy WebLinkAboutContract 47763-A1CR1 Date Received: 05/06/2022 Permit No.: SWFNIA-21-0102 Time Received: 2:04 pm City Secretary No: 47763-A1CR1 CORRECTION INSTRUMENT OF STORMWATER MAINTENANCE AGREEMENT (Nonmaterial Correction) THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS The City of Fort Worth("City") and WGK Development, Inc., a Texas corporation ("Initial Landowner"), entered into a stormwater maintenance agreement on May 12, 2016 wherein the Initial Landowner was responsible for the maintenance of a private storm facility filed as Document No.D216102150 in the Official Public Records of Tarrant County, Texas (hereinafter the "Original Agreement"). On May 15, 2017 an amendment was filed as Document No. D217121892 in Official Public Records of Tarrant County,Texas ("First Amendment"),between the City and the then current landowners,at the time,Addison Lockers Joint Venture, a Texas General Partnership and Eaglewood Group LLC, a Texas limited liability company ("Subsequent Landowners"),to replace the Exhibit B-2 within the Original Agreement to reflect changes to the location and design of the Facility with an Exhibit 13-2A. In the time since the First Amendment was executed,there have been other changes in ownership regarding portions of the property that are subject to the Original Agreement and subsequent First Amendment, including the conveyance of certain parcels of the subject property from Addison Lockers Joint Venture, a Texas General Partnership, to Charco Properties LP, a Texas Limited Partnership, conveyed through Document No. D219109072; Charco Properties LP to C2 Strategic Investments Inc., a Texas Corporation, conveyed through document No. D221270923; and C2 Strategic Investments Inc. to AIP North Freeway, LLC, a Texas limited liability company, conveyed through Document No. D222062473. Affiant on oath swears that the following statements are true and within the personal knowledge of Affiant. My name is Bichson Nguyen. I am over the age of eighteen years and am competent to make this Correction Affidavit. I am a Project Assistant with the City of Fort Worth's Development Services Department. My mailing address is 200 Texas Street, Fort Worth,TX 76102. I have personal knowledge of the facts set forth herein due to my position as a Project Assistant within the City and working with new owners of portions of the property subj ect to the Original Agreement and the First Amendment. I am making this Correction Affidavit as a correction instrument pursuant to section 5.028 of the Texas Property Code with regard to the following clerical error in the Original Agreement. The First Amendment contains the following clerical error: Exhibit`13-2A"was inadvertently omitted as part of the First Amendment when it was filed in the Deed Records of Tarrant County, Texas. Correction Instrument OFFICIAL RECORD To Stormwater Maintenance Agreement Recorded under CITY SECRETARY Document No. D217121892 Page 2 of 2 SWFMA-21-0102 FT. WORTH, TX The First Amendment should include Exhibit `B-2A," which is attached to this Correction Instrument, as the attachment agreed upon by all parties at the time. In all other respects said First Amendment remains unchanged. A copy of this Correction Instrument and notice thereto has been provided to the current landowners as well as those who were parties to the First Amendment but no longer have a property interest in the applicable property under the First Amendment as evidenced by the notices and corresponding certified mail tracking numbers attached hereto and made a part hereof for all purposes. Additionally, notice has been provided to the City as evidenced by the signatures reflected below under this Correction Instrument. FURTHER AFFIANT SAITH NOT. [SIGNATURES APPEAR ON FOLLOWING PAGE] Correction Instrument To Stormwater Maintenance Agreement Recorded under Document No. D217121892 Page 2 of 2 SWFMA-21-0102 AFFIANT: Digitally signed by Bichson Bichson Nguyen Nguyen Date:2022.04.25 1 1:55:32-05'00' Bichson Nguyen 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 Bichson Nguyen, Project Assistant (Title) 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 City of Fort Worth, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this_25th day of April , 2022. Jennifer L. Digitally signed by Jennifer L. Ezernack p,RYP(i JENNIFER L. EZERNACK Ezernack Date 2022.04.2512:0148-05'00' o, 2 � Notary Public + + STATE OF TEXAS Notary Public in and for N�FoFP Notary I.D. 130561630 the State of Texas My Comm. Exp. Mar. 1,2024 Correction Instrument OFFICIAL RECORD To Stormwater Maintenance Agreement Recorded under Document No. D217121892 CITY SECRETARY Page 2 of 2 SWFMA-21-0102 FT. WORTH, TX City: CITY OF FORT WORTH ^ --4- Z on behalf of BY J rfer Rw�ohee s�ay4,202212:21 CDT) D.J. Harrell, Director of the Development Services Department Date: May 4,2022 ATTEST: dad FORT�a� Contract Compliance Manager: 9�o°°° °°°080 By signing I acknowledge that I am the 0 Tgnnette S. Goo�%ll ��° o 0�° °•IG person responsible Jannette S.Goodall(May 6,202210:39 CDT) /�O O=P o g d for the monitoring and administration of Jannette Goodall ° To.,� this contract including City Secretary �� EXAsaa� ensuring all performance and reporting Date: May 6,2022 requirements. Approved As To Form and Legality Janie S. Morales, Planning Manager Development Services Thomas Royce Hansen May 3,2022 Assistant City Attorney Date: Ordinance No. 24161-04-2020 Date: May 3,2022 Correction Instrument OFFICIAL RECORD To Stormwater Maintenance Agreement Recorded under CITY SECRETARY Document No. D217121892 FT. WORTH, TX Page 2 of 2 SWFMA-21-0102 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on May 4, 2022 by Jennifer Roberts, Assistant Director of Development Services of the City of Fort Worth, on behalf of the City of Fort Worth. Bichson NguyllysignedbyBichson Nguyen 149 BICH SON THI NGUYEN Nguyen 05'00'022.05.0610:02:14 Notary Public STATE OF TEXAS Notary Public, State of Texas Notary I.D. 133389224 My Comm.Exp.Oct. 13,2025 OFFICIAL RECORD CITY SECRETARY FT. 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P<E oF.°;F qm@1 222 W.��cc{:an�pe Ave.,Suite 105 ®® Fort Worth,TX 76164 s_c sovoslcN � Voice:8 17 626-7878 Fax:817 626-7879 ®®9 46267 Civil Engineering-Surveying-Land Planning E. Reg.# F-11307 S. Reg.#10193818 1 Jon 4, 2017 L-\2016\16006—WCS—Storoge\_DesignySWFMA Exhibits.pro ORTWOTI R 5/2,2022 ATTN: Charco Properties LP 25 Highland Park Village, Suite 319 Dallas TX 75205 Certified Mail: 9489 0090 0027 6315 3630 72 RE: Notice of Correction to Instrument No. D217121892 Project Name: Western Center South Recorded Instrument No.: D217121892 Project Location: 6021 N Freeway,Fort Worth,TX 76131 City Secretary Number 47763-Al Dear Charco Properties LP, The City of Fort Worth is filing an instrument correction to a City Secretary Contract No.47763-Al that was filed on May 15,2017,as instrument No.D217121892 in the Official Public Records of Tarrant County,Texas. Since the time the Contract was executed,there have been other changes in ownership regarding portions of the property. The Charco Properties LP,a Texas Limited Partnership,was listed as one of the subsequent Landowners.This letter is to notify Charco Properties LP of the following clerical error: Due to a clerical error,Exhibit"B-2A"was inadvertently omitted as part of the said agreement. The City of Fort Worth would like to correct the error by filing a nonmaterial correction to add Exhibit"B-2A"to the mentioned agreement. No action is required on your part. Please reach out to Bich Nguyen at bichsonaig_uyenafortworthtexas.gov or 817-392-2600 if you have any questions. You may also contact me at Janie.Moralesafortworthtexas.gov or 817-392-7810. incerely, I( S. Moral Ping Manager Development Services DEVELOPMENT SERVICES CITY OF FORT WORTH * 2OO TEXAS STREET * FORT WORTH,TExas 76102-6311 CUSTOMER SERVICE 817-392-2222 * FAx 817-392-8116 _�Printed on recycled paper ORT WORT 0 5/2/2022 ATTN: Addison Lockers Joint Venture 25 Highland Park Village Suite 100 Dallas TX 75205 Certified Mail: 9489 0090 0027 6315 3630 96 RE: Notice of Correction to Instrument No. D217121892 Project Name: Western Center South Recorded Instrument No.: D217121892 Project Location: 6021 N Freeway, Fort Worth, TX 76131 City Secretary Number 47763-Al Dear Addison Lockers Joint Venture, The City of Fort Worth is filing an instrument correction to a City Secretary Contract No. 47763- Al that was filed as instrument No. D217121892 in the Official Public Records of Tarrant County, Texas. The Addison Lockers Joint Venture, a Texas General Partnership,was listed as one of the Landowners on the agreement. Due to a clerical error,Exhibit`B-2A"was erroneously omitted from the recorded document. The City of Fort would like to correct the error by filing a nonmaterial correction to add Exhibit "B-2A"to the mentioned agreement. No action is required on your part. Please reach out to Bich Nguyen at bichson.nguyennfortworthtexas.gov or 817-392-2600 if you have any questions. You may also contact me at Janie.Moralesafoi-tworthtexas. og_v or 817-392-7810. Sincerely, J� anie . M r es Planning ager Development Services DEVELOPMENT SERVICES CITY OF FORT WORTH * 200 TEXAS STREET * FORT WORTH, TExAs 76102-6311 CUSTOMER SERVICE 817-392-2222 * FAx 817-392-8116 ����.,Printed on recycled paper NRT WORT 5/2/2022 ATTN: Daud Ashai Eaglewood Group LLC 4704 Patterson Ln. Colleyville TX 76034 Certified Mail: 9489 0090 0027 6058 9611 39 RE: Notice of Correction to Instrument No. D217121892 Project Name: Western Center South Recorded Instrument No.: D217121892 Project Location: 6021 N Freeway,Fort Worth, TX 76131 City Secretary Number 47763-Al Dear Eaglewood Group LLC, The City of Fort Worth is filing an instrument correction to a City Secretary Contract No. 47763- Al that was filed as instrument No. D217121892 in the Official Public Records of Tarrant County, Texas. The Eaglewood Group LLC, a Texas limited liability.company,was listed as one of the Landowners on the agreement. Due to a clerical error, Exhibit`B-2A"was inadvertently omitted as part of the said agreement. The City of Fort Worth would like to correct the error by filing a nonmaterial correction to add Exhibit`B-2A"to the mentioned agreement. No action is required on your part. Please reach out to Bich Nguyen at bichson.nguyenafortworthtexas.gov or 817-392-2600 if you have any questions. You may also contact me at Janie.Morales@fortworthtexas.gov or 817-392-7810. Sincerely, ie S. ales 1 ing anager Development Services DEVELOPMENT SERVICES CITY OF FORT WORTH * 200 TEXAS STREET * FORT WORTH,TExAs 76102-6311 CUSTOMER SERVICE 817-392-2222 * FAx 817-392-8116 C-Printed on recycled paper From: NGUYEN, BICHSON T To: Carl Beard Cc: Morales,Janie Subject: Correction to SWFMA Document No. D217121892 Date: Monday,May 2,2022 9:24:00 AM Attachments: imaae001ona Good morning Carl, I hope you are doing well. I would like to let you know that we are in the process of correcting the above recorded document to include the missing exhibit. Please see the detail below. RE: Notice of Correction to Instrument No. D217121892 Project Name: Western Center South Recorded Instrument No.: D217121892 Project Location: 6021 N Freeway, Fort Worth, TX 76131 City Secretary Number 47763-A1 Dear C2 Strategic Investments Inc., The City of Fort Worth is filing an instrument correction to a City Secretary Contract No. 47763-Al that was filed on May 15, 2017, as instrument No. D217121892 in the Official Public Records of Tarrant County, Texas. Since the time the Contract was executed,there have been other changes in ownership regarding portions of the property. The C2 Strategic Investments Inc., a Texas Corporation Company, was listed as one of the subsequent Landowners. This letter is to notify C2 Strategic Investments Inc. of the following clerical error: Due to a clerical error, Exhibit`B-2A"was inadvertently omitted as part of the said agreement. The City of Fort Worth would like to correct the error by filing a nonmaterial correction to add Exhibit "B-2A"to the mentioned agreement. No action is required on your part. Please reach out to Bich Nguyen at bichson.nguyen4fortworthtexas.gov or 817-392-2600 if you have any questions. You may also contact my supervisor, Janie Morales, at Janie.Moral es4fortworthtexas.gov or 817- 392-7810. Thank you, f3icli Nguyen Project Assistant Development Services Dept. Contract Management Office 200 Texas St. Fort Worth, TX 76102 (817)392-2600 bichson.ngu)ten(@fortworthtexas.gov Pronouns:she/her/hers City of Fort Worth — Working together to build a strong community From: NGUYEN, BICHSON T To: "ted.reaCcballtradesindustrial.com";Eric Dahlberg Cc: Morales,Janie Subject: Correction to SWFMA Document No. D217121892 Date: Monday,May 2,2022 9:25:00 AM Attachments: image001ona Good morning Ted & Eric, I hope you are doing well. I would like to let you know that we are in the process of correcting the above recorded document to include the missing exhibit. Please see the detail below. RE: Notice of Correction to Instrument No. D217121892 Project Name: Western Center South Recorded Instrument No.: D217121892 Project Location: 6021 N Freeway, Fort Worth, TX 76131 City Secretary Number 47763-Al Dear AIP North Freeway LLC, The City of Fort Worth is filing an instrument correction to a City Secretary Contract No. 47763-Al that was filed as instrument No. D217121892 in the Official Public Records of Tarrant County, Texas. Since the time the Contract was executed,there have been other changes in ownership regarding portions of the property. AIP North Freeway LLC, a Texas Limited Liability Company, is listed as the current Landowner. This letter is to notify AIP North Freeway LLC of the following clerical error: Due to a clerical error, Exhibit`B-2A"was inadvertently omitted from the recorded document. The City of Fort Worth would like to correct the error by filing a nonmaterial correction to add Exhibit "B-2A"to the mentioned agreement. No action is required on your part. Please reach out to Bich Nguyen at bichson.nguyen4fortworthtexas.gov or 817-392-2600 if you have any questions. You may also contact my supervisor, Janie Morales, at Janie.Moral es4fortworthtexas.gov or 817- 392-7810. Thank you, &'nh Nguyen Project Assistant Development Services Dept. Contract Management Office 200 Texas St. Fort Worth, TX 76102 (817)392-2600 bichson.nguyen(cDfortworthtexas.gov Pronouns:she/her/hers City of Fort Worth — Working together to build a strong community