HomeMy WebLinkAboutContract 61676-A1Date Received: _____________________ Record Number: PN24-00147
Time Received: _____________________ City Secretary No.: ______________________
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 61676
A PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
BETWEEN THE CITY OF FORT WORTH AND
TRINITY PHOENIX, LLC
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 61676 (“First
Amendment”) is made and entered into by and between the CITY OF FORT WORTH, a home-rule
municipal corporation of the State of Texas (“City”), and Trinity Phoenix, LLC, a Texas limited liability
company (“Licensee”), each acting herein by and through their duly authorized representatives.
RECITALS
WHEREAS, City and Licensee entered into a Public Property Easement Encroachment License
Agreement for City to authorize Licensee to encroach in the City’s property with stairs, porches, and
overhangs, City Secretary Contract Number 61676 (“Agreement”);
WHEREAS, after execution of the Agreement, the City and License have found an error in Exhibit
“A” attached to the Agreement which depicts the authorized encroachments;
WHEREAS, City and Licensee desire to amend the Agreement to correct the error;
NOW, THEREFORE, City and Licensee, acting herein by and through their duly authorized
representatives, agree to amend the Agreement as follows:
1.
Exhibit “A” of the Agreement is amended in its entirety to be and read as set forth in Exhibit “A”
of this First Amendment, which is attached hereto and incorporated herein by reference.
2.
a.All other provisions of the Agreement which are not expressly amended herein shall remain in full
force and effect.
b.All terms in this First Amendment that are capitalized, but not defined, shall have the meanings
ascribed to those terms in the Agreement.
[SIGNATURES ON FOLLOWING PAGES]
EXECUTED to be effective on the date signed by the City’s Director of the Development Services
Department.
CITY OF FORT WORTH:
_________________________________
DJ Harrell
Director, Development Services Department
Date:
APPROVED AS TO FORM AND LEGALITY: ATTEST
_____________________________ ______________________________
Hye Won Kim Jannette Goodall, City Secretary
Assistant City Attorney City Secretary
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.
____________________________
Rebecca Owen
Development Services Manager
LICENSEE:
Trinity Phoenix, LLC,
a Texas limited lability company
______________________________
David L. Cook
Manager
Date:
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 David L. Cook, Manager 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 Trinity Phoenix,
L.L.C., a Texas limited liability company and in the capacity therein stated.
GIVEN LINDER MY HAND AND SEAL OF OFFICE this t ` f� day of
(�� c.t.yl- , Zo � �
Notary Public in and for the
,,,,,,,,,
�,�`,K� p�,a ;, TAMMY L. BRADSHAW
; o.•• . ,,
_ a; . �: Notary Public, State of Texas
;���4<, Comm. Expiras 1a12-2025
�'�"` `�`�� Notary ID 8314941
� ,������
State of �e �� S
***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 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_____day of _____________,
20____.
__________________________________
Notary Public in and for the State of Texas
After recording return to:
Development Services Department
Development Coordination Office
100 Fort Worth Trail
Fort Worth, Texas 76102
EXHIBIT A
EXHIBIT A
TRACT 1
Part of the Lot 1R, Block 1, BA55ETT ADDITION, an addition [o the City of
Fort Worth, Tarrant County, Texas according to the plaE thereof recorded in
bocument No. D222137670 of the Plat Retords of Tarrant County, 7exas
and being more part'icularEy descrihed by metes and bo�nds as follows:
Coordinates and bearings are based on the Texas Caardinate System ot the
North American datum af 1953 {20i1� epoch 2010, narth [entral zone 4202
{us survey Feet� from GPS qbservations using the RTK cooperative network.
Qistances and area are surface.
CpMMENCING at a capped iron rud found far the northwest corner ot said
Lot iR and the apparent southwest corner of Galvez Avenue, having a 50
foot right-of-way as dedicated in said Documenf No. D222137670, and the
run the following:
THENCE 6Vorth 89'43'Sk" East, along the comman line of said Lot SR and
said Galvez Avenue, a distan[e of 48.21 Feet to a point at the intersection of
the said common line and the extension of the east line of a lo' Utility
Easement as recorded in said doeument Na. D222137670;
TkENCE South D4'42'42" East along extension of said easement, a distante
of 10.Q3 feet to a point at the intersection ot said east iine easement and
the south line of a l0' utiGty easement as recorded in said �ocument No,
D22213767p;
iHENCE North 89'43'S4" East, alang said 5au4h line of easement, a distance
o( 4.50 feet to the southwester4y and BEGINNING corner {whose Northing is
6962311.Zfi and whose Easting is 2334157.07j nf tract being descri6ed;
THENCE over and atross safd Lot SR the [oilowing:
North 0'18'S5" West, a distance of 3.48 feet;
North 89'43'S4" East, a distance of 4$.Z3 feet
South 0'16'S6" East, a distance of 3.08 Feet to a paint in said south line of
easement;
THENCE South 89'43'S4" West, along said south line of easement, a
distance of 48.21 feet to the POINT DF BEGINNING and containing 146
square feet of land.
TRACT 2
Part of the Lot 2R, BEock 1, BASSETi A�DITiON, an addition to the City of
Fort Warth, Tarrant County, Texas according to the plat thereof recnrded in
�ocumenE No. D222137670 oF the Plat Records of Tarrant Covnty, Texas
and being more particularly described by metes and bounds as follows:
Coordinates and hearings are 6ased on t3�e Texas Coordinate System of the
North American datum of 1983 {2flllj epoth 20ifl, north eentral zone 4202
(us survey feetj from GP5 o6servations using the RTK cooperative netwark.
Dis[ances and area are surface.
COMMENCING at a tapped iron rod Found for the northwest camer of Lot
lR in said elock 1 and the apparenE southwest corner af Galvez A�enue,
having a 50 ioot right-of-way as dedicated in said Dacument No.
D222137670, and the run the foElowing:
THENCf along the westeriy ]ine of said Lot 1R the following:
5outh o4'42'42" West, a distance of 25.83 feet ta a 5/8" iron rod found;
Soutf� 00'18'S7" East, a distance pf 6.$0 feet to a 5/8" iron rod fqund For
the comman wesi corner of said Eots 2R and 1R;
THENC North 89'Al'Q3" Easc along the common line of said Lots 2R and 1R,
a d'Estance of 10.D0 feet to the intersectian of said common line and the
east line of a 10' utillty easemenE as recorded in said BA55ET'I' AODfTiON;
THENCE South 00'18'S8" East, along said east line, a distan[e of 2.34 feet to
the nartheast and 9EGINNING corner (whose Northing is 696228637 and
whose Easting is 2334i53.89j of tract being described;
THENCE Souih 0'18'Sb" East, along said east line, a distance o# 4.33 feet;
THENCE over and across said Lot 2R the foilowing:
South $9"41'4" West, a distance of 3.51 Fee[;
North 0'1$'S6" West, a distance of 4.33 Feet;
North 89°41'4" East, a distance of 3.51 feet to the PdINT OF BEGINNING
and containing 15 square feet of land.
TRACT 3
Part af the Lot 3R, Blotk l, BASSETT ADDITIDN, an addition t4 the City of
fort Worth, Tarrant County, Texas according to tiie plat thereof recorded in
Document No. D222137670 of the Plat Records oiTarrant Counry, 7exas
and being more particularly described by metes and bounds as folluws:
Coordinates and bearings are based on the Texas Coordinate System o( the
NorEh America� datum of 1983 (ZOII} epoch 2014, north central zone 4202
(us survey feet) From GPS observation5 ustng Che RTK tooperative network.
Oistances and area are surface.
COMMEMCING at a capped iron rod found for the northwest corner of Lot
1R in said 8fock 1 and the apparent southwest corner of Galvez Avenue,
having a 50 foot right-of-way as dedicated in said Document No.
D2221376�0, and the run the following:
THENCE along the westerly line o( said Lot 1R the following:
South 04'A2'G2� W25E, a distance of 25.83 Feet ta a 5/8" iron rod found;
South DO'18'S7" East, pass at a distance of b.80 feet to a S/8" iron rod
found for the common wesE corner of safd Lots 2R and 1R, corttinuing along
the west line of said Lot 2R, a distance of 22.00' to a 5/8" iron rod found for
the common west corner of said Lo[s ZR and 3R;
7MENC North 84°41'03" East along the common [ine ot said Lots 2R and 3R,
a distan[e of 1D.Q0 feet ta the interseetion of said comrrEon line and the
east line of a 1p' utllity easement as recorded in said BASSETT ADDITION;
THENCE 5outh 00'18'S8" East, along said east line, a distance of 2.42 feet to
the rtortheast and BEGINNING corner �whose Narthing is 69fi2264.29 and
whose Easting is 2334154.02f of tract being descril�ed;
THENCE South 00°18'S8" East, along said east line, a distante af 234 feet to
the northeast and BEGINNING corner {whose Northing is 696�ZSfi.37 and
whose Easting is 233A153.89) of tract heing described;
THENCE South p'f8'S6" East, aiong said east fine, a distance of 17.24 (eet;
THENCE over and across said Lot 2R the following:
South 69'41'4" West, a distance of 1.47 feet;
North 0"18'S6" West, a distance of 17.24 Feet;
North 89`41'4" East, a distance of 17.24 feet to the POIM1fT OF BEGINNING
and containing 25 square feet ot land.
Part af Lots 1R, 2R and 3R Block 1, BA55ETT
ADD�TIOfV, an addition to the City of Fort Warth,
Tarrant County, �'exas according to the piat
thereof recorded in Document No. D222137670 of
the Plat Recorcts of Tarrant County, Texas�p. ���
SHEE7 3 OF 3
PLACEOFCOMMENCING GALVEZ AVENUE
TRACTS 1, 2 AND 3 50' RiGHT OF WAY
70' UTILITY EASEMENT
�— DOCUMENT NO. D220043833� DOCUMENT NUMBER D222137670
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PLACE OF BEGINNING L4 �O�P
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� L24 LOT 1 R �
L25 BLOCK 1 148 SQ. FT. a
LZ3 BASSETT ADDITION U
DOCUMENT NUMBER D222137670 _ _
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PLACE OF BEGINNING
TRACT 2 �OT 2R
BLOCK 1
BASSETT ADDITION
�15 SQ. FT. DOCUMENT NUMBER D222137670
— L41 — — — — —
PLACE OF BEGINNING
•-L38 TRACT 3
L36
LOT 3R I
BLOCK 1
5 SQ. FT. BASSETTADDITION I
DOCUMENT NUMBER D222137670
LOT 4R �
BLOCK 1
BASSETf ADDITION
DOCUMENT NUMBER D222137670
Part of Lots 1R, 2R and 3R Block 1, BASSETT
ADDITION, an addition to the City of Fort Worth,
Tarrant County, Texas according to the plat
thereof recorded in Document No. D222137670 of
l' '��`�'��F"��rF
�P��� s/�TERF+y
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............................
JAMES PAUL WARD
............................
�9 9oF ssos o�P:oe
'L� •.Es,s `.••�-1
the Plat Records of Tarrant County, Texas � J
II �O g"' �j'"
SHEET 1 OF3
2°� ° 2°� 4°� 6°� P�AR D S I
252 WEST MAI
GRAPHIC SCALE SCALE IN FEET 1"= 20' R17-33A-WARD (,
EXH I B IT A
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IINE TABLE
NO. BEARING
L1 N00"18'S6"W
L2 N89°43'S4"E
L3 S00°18'S6'E
L4 S89°43'S4"W
LS N89°43'S4"E
L6 SO4'42'42"E
L7 N89'43'54"E
L8 N04°42'42"W
L9 N89°43'S4"E
L10 S45°16'06"E
l20 S00°18'S6"E
L21 SEt9°41'04"1N
L22 N00"18'56"W
L23 N89°41'04"E
�24 S00°18'S7"E
L25 N89°41'03"E
l26 S00°18'S8'E
L35 S00°18'56"E
L36 S89°41'04"W
L37 N00'18'S6"W
L38 N89°41'14"E
L39 S00°18'S7"E
L40 N89°41'03"E
L41 S00°18'49"E
LENGTH
3.08'
48.21'
3.08'
48.21'
10.03'
10.03'
4.50'
25.83'
68.67'
14.14'
4.33'
3.51'
4.33'
3.51'
6.80'
10.00'
2.34'
17.24'
1.47'
17.24'
1.47'
22.00'
10.00'
2.42'
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LOCATION MAP
SCALE i "=2000'
Paropet
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67_UNITD_R�Q�__. __.__..___ . _ �_.� .:;._...�,:.
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-- �X7 - UNIT E_levql.3 CLG.___ _ .:: �� _
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� . ,=�.'� . • . . �.��i �... �
TRACT 3 _ -
PATIO ENCROACH 1.47' INTO � f '__
� UTILITY EASEMENT
DOCUMENT NO. D222137670 1.47'----
b
�
INTO UTILIT�Y E�i4SEMENT
DOCUMENT NO. Dz22137670
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WEST �
2 1/4" = 1'-0"
400 VISTA BUENA
TRAIL
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I----3.51'--
TRACT 2 J
STEPS ENCROACH 3.51' INTO
ILITY EASEMENT DOCUMENT
NO. D222737670
� South E/evation
1 /4 — 1 -0
Part of l�ts iR, 2R and 3R Block 1, BASSETT
On June 29, 2024 Award Surveying, Inc. put in a Texas811
Locate request, tickei number 2465032399. On June 4,
2024 Award Surveying, Inc. made a visual inspection of the
site and no utilities had been marked within the utility
easement across the north portion of Lot 1 R, 2R and 3R.
Tarrant County, Texas according to the plat
thereof recorded in Document No. D222137670 of
the Plat Records of Tarrant County, Texas
SHEET 2 OF3
�'�I1/ARD SURVEYING COMPANY
252 WEST MAIN STREET, SUITE F, AZLE TX 76020
817-33A-WARD (332-9273) survey@a-wardsurveying.com
NORTH TBPELS Firm No. 10194435