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HomeMy WebLinkAboutContract 57026-A1D222274800 11/22/2022 03:25 PM Page: 1 of 6 Fee: $39.00 Submitter: Pope Hardwicke Christie Schell Kelly and Taplet Electronically Recorded by Tarrant County Clerk in Official Public Records \J MARY LOUISE NICHOLSON Cor7CERK,,, ("l-TI, KtUV BETWEEN THE CITY OF FORT WORTH, TEXAS AND PARKS OF VILLAGE CREEK, LLC THIS FIRST AMENDMENT TO PRE -ANNEXATION AGREEMENT ("First Amendment") is made and entered by and between the City of Foil Worth, Texas, a home role municipal corporation ('City") situated in portions of Tarrant, Denton, Johnson, Parker, and Wise Counties, acting by and through its duty authorized Assistant City Manager, and Parks of Village Creek, LLC, a Texas limited liability company ("Owner"), (the City and Owner each a "patty," and collectively the "patties") effective upon execution by both parties (the "Effective Date"). RX40MM RONNNNOINNO ffimgml�ffi WHEREAS, the Agreement governs annexation and development of approximately 101.692 acres of land in Tarrant County, Texas, in the City's extraterritorial jurisdiction, such property being more particularly described and set forth in Exhibit A, attached and incorporated herein by reference (described in the Agreement and in this First Amendment as the "property"); and WHEREAS, the City and Owner wish to amend the Agreement to reflect that the Property is exempt from transportation impact fees for a minimum of three years after annexation; NOW, THEREFORE, in consideration of the premises, mutual promises, covenants, obligations, and benefits herein contained, the City and Owner amend the Agreement as follows: 1. Section 6, "Development Process," is amended to add Section 6(i) to read as follows: (i) Lran�oortation Impact Fees. The Property will be exempt from payment ru transportation impact fees for a minimum of three years after the City annexes t1l Property in accordance with the Agreement. 2, Except as specifically amended in this First Amendment, the Agreement shall remain in full force and effect in accordance with its original terms and conditions. 3. Unless expressly defined herein, all capitalized terms shall have the meanings defined in the Agreement. First Amendment to Pre -Annexation Agreement for Parks of Village Creek - Page I D222274800 Page 2 of 6 4. This First Amendment shall be recorded in the real property records of Tarrant County, Texas, [The remainder of the page is intentionally left blank.] First Amendment to Pre -Annexation Agreement for Parks of Village Creek -:Page 2 D222274800 Page 3 of 6 IN WITNESS WHEREOF, each Party has caused this Agreement to be executed by its undersigned duly authorized representative in multiple copies on the date or dates indicated below, ATTEST: CITY OF FORT WORTH By: G Secretary Dana Bur o ssist ity Manager APPROVED AS TO FORM AND Secretary Bur i XLEALITY- �A s ssis sis ant City Attorney STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me, on the /4 'Mday of 2022, by Dana Burghdoff, Assistant City Manager of the City of Fort Worth, Texas on behalf of said city. S E L EN A ATLA OWL Pubhc, `31ate of Texas Cornm Expres 03 x`,xxlfnw Nowy T 132422628 Notary Public, State of Texas Printed Name: My Commission Expires: 3 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, ------------ Name: -- Date: First Amendment to Pre -Annexation Agreement for Parks of Village Creek - Page 3 D222274800 Page 4 of 6 Will, I �ap Creek, LLC o A H. Barham, Manager STATE OF TEXAS AV AmberGOWMS J7( my comnift'00 Eotes 320881 9 10 140. 1 EE I This instrument was acknowledged before me, on thetri day of_ p, 2022, by Robert H. Barham, Manager of Parks of Village Creek, LEG, on behalf of said limited liability company. Notary Public, State o exas Printed Name: Arwck/ (as>t A My Commission Expires: First Amendment to Pre -Annexation Agreement for Parks of Village Creek - Page 4 D222274800 Page 5 of 6 Bruffmo Legal description of Property Being a tract of land situated in the Hiram Little Survey, Abstract No. 903, City of Fort Worth, Tarrant County, Texas, being all of a certain called tract of land as described by deed to Will Kari and recorded in County Clerk's File No. (CC#) D202210259, Official Public Records, Tarrant County, Texas, (OPRTCT) and being all of a Boundary line agreement as described by deed and recorded in (CC#) D213071020, (OPRTCT) and being more particularly described by metes and bounds as follows ( Basis of bearings reference to the Texas State Plane Coordinate System, North Central Zone, NAD83 via the Trimble VRS network for North Central Texas. All distances are surface distances.) BEGINNING at 3-inch pipe fence comer found for the northwest comer of the said Kari tract, and being common with the northeast corner of a certain tract of land as described by deed to Intelli LLC and recorded in (CC#) D215064520, (OPRTCT), also being in the south right of way line of Farm to Market Highway No. 1187 (a 100 foot right of way); THENCE South 89*54'00" East, with the north line of the said Kari tract and being common with the south right of way line of the said Fa nn to Market Highway No. 1187, a distance of 1798.22 feet to a fence post for the northeast comer of the said Kari tract, also being in the west right of way line of RedBird Lane (a variable width right of way); THENCE South 00"24'5 1 " East, with the northerly east line of the said Kari tract and being with the west right of way line of the said RedBird Lane, a distance of 2002,47 feet to a 5/8-inch capped iron rod set marked "Shield Engineering", for the easterly southeast comer of the said Kari tract, and being in the north right of way line of the said RedBird Lane; THENCE South 89126'29" West, with the easterly south line of the aforesaid Kari tract and being common with the north right of way line of the said RedBird Lane, a distance of 434.45 feet to a 5/8-inch capped iron rod set marked "Shield Engineering" for the reentrant corner of the aforementioned Kari tract; THENCE South 01'32'31" East, with the southerly east line of the said Kari tract, a distance of K-ATT tract, anu Icing east corner oT7-UU= u us uescl,15 UU U Clingman and recorded in (CC#) D216061381, (OPRTCT), from which a 5/8-inch capped iron r*&fwund for the northeast c*mc-,mf a certain tract of land as describe,4 by dee,4 tv avria Steelman and recorded in (CC#) D216244063, (0PRTCT) bears South 00'55'39" East, a distance of 30. 10 feet; T14ENCE South 89'12'04" West, with the westerly south line of the said Kari tract and being common with the north line of the said Clingman tract, a distance of 1843.90 feet to a 1/2-inch First Amendment to Pre -Annexation Agreement for Parks of Village Creek - Page 5 D222274800 Page 6 of 6 iron rod found for the southwest corner of the said Kari tract and being common with the reentrant comer of a certain tract of land as described by deed to Prater Energy & Development LLC and recorded in (CC #) 1 218135335, (OPRTCT); THENCE northerly with the west line of the said Karl tract and being common with the east line of the said Prater tract, also being common with the east line of the said Intelli tract, the following courses and distances: North 00000'06" West, a distance of 717.95 feet to a 5/8-inch capped iron rod set marked "Shield Engineering" for a point for comer; North 84'28'3 1 " West, a distance of 103.73 feet to a 5/8-inch capped iron rod set marked "Shield Engineering" for a point for comer; North 13'14'22" East, a distance of 661.82 feet to a 3-inch steel fence comer post found for the south comer of the said Boundary line agreement; THENCE northerly with the west line of the said Boundary line agreement, the following courses and distances: North 3 19 1'06" Fast, a distance of 182,66 feet to a 1/2-inch capped iron rod found marked "Coleman" for a point for corner; North 40'52'40" East, a distance of 220.17,fect to a 1/2-inch capped iron rod found marked "Coleman" for a point for corner; North 36057'57" East, a distance of 84.08 feet to a 3-inch steel fence post found for the north cornet• of the said Boundary line agreement, being in the east line of the said hitelli tract and being common with the west line of the said Kai tract; THENCE North 249 8'43" East, with the west line of the said Kari tract and being common with the east line of the Intelli tract, a distance of 30&09 feet to the POINT OF BEGINNING, containing 4,429,683 square feet or 101,692 acres of land more or less. 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