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Home My WebLink AboutContract 61107-A1Da te Received: 09/27 /24 Time Received: l PM--------- Record Number: PN24-00139 City Secret ary No.: __ 6_1 _1 0 _7 _-_A _l ____ _ FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 61107, EASEMENT ENCROACHMENT LICENSE AGREEMENT This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 61107, 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 PTCAA Texas, L.P. a Texas Limited Partnership, ("Owner") and Travel Center Realty, LLC, a Delaware limited liability company (Lessee) ("TCR") ("collectively the Licensees"), acting herein by and through its duly authorized representatives. RECITALS WHEREAS, City and Licensee made and entered into City Secretary Contract No. 61107 on March 12, 2024 (the "Agreement"), to authorize the use of the City's easement for the purposes of constructing, installing, and maintaining a private water line; and WHEREAS, the parties wish to amend the Agreement to include an irrigation line; 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: "Exhibit A" in the Agreement is hereby replaced with the attached revised description of the encroachment area, labeled as "Revised Exhibit A." Revised 12/2022 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. Revised 12/2022 CITY OF FORT WORTH: Dalton Harrell,q;ep 25, 202416:05 CDT) D.J. Harrell, Director Development Services Department Date: Sep 25, 2024 Approved as to Form and Legality: Hye Won Kim Assistant City Attorney City Attorney's Office Date: Sep 19, 2024 Attested by: Jannette Goodall, City Secretary City Secretary's Office Date: Sep 25, 2024 ----------- 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. 1Pw<'tl Rebecca Diane Owen (Sep 19, 2024 09:25 CDT) Rebecca Owen Development Services Manager Date: Sep 19, 2024 ----------------- Revised 12/2022 Licensee: PTCAA Texas L.P. WED BY pr a Texas limited partnership e�y��!'r,_-�`' �awc�� By: Pilot Travel Centers LLC a Delaware limited liability company its General Partner B � Y• Name: Patrick Stobb Title: Authorized Representative Date: � .��{i}-��1 � f �� l�� -% STAT� OF TENNESSE� § COUNTY OF KNOX § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Tennessee, on this day personally appeaced Patcick Stobb, Authorized Representative of Pilot Travel Centers, LLC, the general partner of PTCAA Texas, L.P., 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 PTCAA Texas, L.P., a Texas limited partnership, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of �� .r , 2024. `````��►��u i n� iii��i i, ,,°��l.,N!....,�q ''---, ;�' Q-: srATE .; i� ; . ' ' OF � Cn = - . Notary Public in and for the m�� Cnrrm. �u,�. 1 � a�•2� State of Tenness e _ : TENNESSEE : � - . NOTqRy ; - : p t � �NG •�� UBUC : .�, /�/� `/ � � � � � � � � ��\�\ .,,��VqN �ov��`�,. ��,,,►,►��+��` Revised 12/2022 LQssee: Travel Center Realty, LLC a Delaware limited liability co �iy By: � � Name: �y Phillips Title: Authorized Representative STATE OF t SS �SS, � COUNTY OF O, � � BEFORE ME, the undersigned authority, a Notary Public in and for the State of � I SS,SS� �� ` , on this day personally appeared, Perry Phillips, Authorized Representative, 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 Travel Center Realty, LLC, a Delaware limited liabiliTy company, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 5�.��'lV1�Q.Y , 2024. ;:�voF t�AiSs�s••.. ^ .`�,� IE 5��. . *�,� : ��nPV L B pY� . �* . NOTARY PUBLIC Covington Counry Comm ssion Expires �'. July 13, 2D26 ,rq . . f'�>s ., ,; �,:, �n. /;� � � ..... •• � �' �%OiV I�P:t•;3G . ��fi h day of Revised 12/2022 State of ISS I C S� p1 ***THIS PAGE FOR CITY OF FORT WORTH OFFICE USE ONLY*** 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 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 25th day of September, 2024. wendy Beardslee Wendy Beardslee (Sep 25, 2024 16:29 CDT) 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 12/2022 WENDY L BEARDSLEE Notary Public ST ATE OF TEXAS Notary I.D. 13323719-3 My Comm. Exp. July 28, 2025 REVISED EXHIBIT A Revised 12/2022 LEGAL DESCRIPTION BEING an encroachment situated in the H. Cox Survey, Abstract No. 386, City of Fort Worth, Tarrant County, Texas, and being part of Lot 2, Block 1, Alliance Gateway West Addition, an addition to the City of Fort Worth according to the plat recorded in Cabinet A, Slide 5817, Plat Records, Tarrant County, Texas, and being more particularly described as follows: COMMENCING at a 5/8-inch iron rod found for the northeast corner of Lot 3, Block 1, Alliance Gateway West Addition, an addition to the City of Fort Worth according to the plat recorded in Cabinet A, Slide 10405, said Plat Records, from which a 1/2-inch iron rod found for the southwest corner of said Lot 3, bears South 62°31'35" West, a distance of 422.57 feet; THENCE South 2°13'45" West, along the east line of said Lot 3, a distance of 53.49 feet to a point; THENCE North 87°46'15" East, departing the said east line, a distance of 31.80 feet to the POINT OF BEGINNING; THENCE South 7°08'06" East, a distance of 7.50 feet to the POINT OF TERMINATION. NOTES: Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202). 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 agreement tract. 1J�,/��- JOSHUA D. WARGO REGISTERED PROFESSIONAL � LAND SURVEYOR NO. 6391 801 CHERRY STREET, UNIT 11 SUITE 1300 FORT WORTH, TEXAS 76102 PH. 817-335-6511 josh.wargo@kimiey-horn.com �Q'� �G� �F �. ' � o�s *: � :ic .JOSHUA.D:.WARGO. `, ,0 6391 o�P�'� 9,'P� SESSv��o UR ENCROACHMENT AGREEMENT PART OF LOT 2, BLOCK 1 ALLIANCE GATEWAY WEST ADDITION H. COX SURVEY, ABSTRACT NO. 386 CITY OF FORT WORTH TARRANT COUNTY. TEXAS �TLW - FT WORTH NORTH � 75 150 GRAPHIC SCALE IN FEET / / GATEWAY FREEwAY ALLIANCE H�GHWAY 170) / (STATE _ � — ' _,,_ � � - � � �� Ir WATER & SANITARY � � SEWER EASEMENT � I CAB. A, SLIDE 5817 � �� I �� LOT 2, BLOCK 1 � � ALLIANCE GATEWAY � � WEST ADDITION LOT 3, BLOCK 1 _— JJ CAB. A, SLIDE 5817 ALLIANCE GATEWAY WEST ADDITION ENCROACHMENT CAB. A, SLIDE 10405 (SEE SHEET 3) / / > � M i � �� =I w � Q � � � w � z NOTE Not all easements are shown hereon. 3ENSHEIMER, RILEY e I I / ENCROACHMENT AGREEMENT PART OF LOT 2, BLOCK 1 ALLIANCE GATEWAY WEST ADDITION H. COX SURVEY, ABSTRACT NO. 386 CITY OF FORT WORTH TARRANT COUNTY, TEXAS 434\DWG\115360011-TLW FORT WORTH_EA NORTH � ,� 2� GR.4PHIC SCALE IN FEET 5/ /22. �62�5� 5/8" IRF / � � � � � 1/2" IRF Lf') ('7 i _ LEGEND P.O.C. = POINT OF COMMENCING P.O.B. = POINT OF BEGINNING P.O.T. POINT OF TERMINATION IRF = IRON ROD FOUND NOTES LOT 3, BLOCK 1 ALLIANCE GATEWAY WEST ADDITION CAB. A, SLIDE 10405 �� v P.O.C. LOT 2, BLOCK 1 ALLIANCE GATEWAY WEST ADDITION CAB. A, SLIDE 5817 �'' WATER & SANITARY N SEWER EASEMENT � CAB. A, SLIDE 5817 � � P.O. B. _ - S87°46'15"E 31.80' S7°08�06��E 7.50' � � 1-INCH �„ � IRRIGATION LINE I P.O.T. Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202). A metes & bounds description of even survey date herewith accompanies this survey plat. The undersigned, Registered Professional Land Surveyor, hereby certifies that this plat of survey accurately sets out the metes and bounds of the agreement tract. � �/� JOSHUA D. WARGO REGISTERED PROFESSIONAL � LAND SURVEYOR NO. 6391 801 CHERRY STREET, UNIT 11 SUITE 1300 FORT WORTH, TEXAS 76102 PH. 817-335-6511 josh.wargo@kimley-horn.com '�P��GOT .•�� . �'�'�o . �c .JOSHUA.D:.WARGO l; ,0 6391 o�P�,.� q,�� SESS�,,�yo UR�� ENCROACHMENT AGREEMENT PART OF LOT 2, BLOCK 1 ALLIANCE GATEWAY WEST ADDITION H. 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