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HomeMy WebLinkAbout062783-A1 - General - Contract - Cowtown 109, LLCDate Received: 6/11 /2026 Time Received: 3:20 p.m. Record Number: PN26-00010 City Secretary No.: 62783-A1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO.62783, EASEMENT ENCROACHMENT LICENSE AGREEMENT This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO.62783, 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 Cowtown 109, LLC, a Texas limited liability company ("Licensee"), acting herein by and through its duly authorized representative. RECITALS WHEREAS, City and Licensee made and entered into City Secretary Contract No.62783 on 02/ 12/2025 (the "Agreement"), to authorize the use of the City's easement for the purposes of constructing, installing, and maintaining private water lines; and WHEREAS, the parties wish to amend the Agreement to install a monument sign 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: 1. "Exhibit A" in the Agreement is hereby replaced with the attached revised description of the encroachment area, labeled as "Revised Exhibit A." Page 1 of 6 Updated 2024 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 2. The effective date of this Amendment shall be the date of its execution by the City. k] All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. Page 2 of 6 Updated 2024 EXECUTED to be effective on the date signed by the City's Director of Development Services Department City: CITY OF FORT WORTH DaGton tfa0-64 By: Dalton Harrell (Jun 11, 2026 10:03:52 CDT) D. J. Harrell Director, Development Services Department Date: 06/11 /2026 ATTEST: g4�Fogr°4,, Approved As To Form and Legality Oo°° K dp Jannette Goodall, City Secretary Tayler Canton Assistant City Attorney Contract Compliance Manager: 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. Jz� Kandice Merrick Development Services Manager Page 3 of 6 OFFICIAL RECORD Updated 2024 CITY SECRETARY FT. WORTH, TX Licensee: Cowtown 109, LLC a Texas limited liability company By: 2SP Partners, LLC a Texas limited liability company its Member By: Name: Kyle Poulson Title: Managing Member Date: 1,6..26 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 Kyle Poulson, Managing Member (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 Cowtown 109, a limited liability company (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this T'k day of I , 2026. (T( P I I WD-t-7 - - wv�%r C) ' ' - tarny Public in and for the .""'"..... �% LAURA STONE °{ Notary Public, State of Texas State of ly(�:' ` +� Comm. Expires 12-02-2027 '44o , " Notary ID 132243035 Page 4 of 6 Updated 2024 ""TIIIS I'AGL 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 11 th day of Jun e 2026. Notary Public in and for the State of Texas Page 5 of 6 Updated 2024 �R Pv KATRUEN BRADFORD Not x + STATE OFPuhlic TEXAS Notary I.D. 12197197 My Comm. Ej-. ApK. 12, 2027 REVISED EXHIBIT A Page 6 of 6 Updated 2024 OWNERIDEVELOPER: COWTOWN 109 LLC ADDRESS: 1635 ROGERS RD FORT WORTH, TEXAS 76107 CONTACT: KYLE POULSON PHONE- (817}291.4455 EMAIL: KYLEKPOULSON@GN THE CITY OF FORT WORTH ENCROACHMENT AGREEMENT VICINITY MAP MAPSCO#76S COUNCIL DISTRICT #9 WATER, WASTEWATER, PAVING AND DRAINAGE IMPROVEMENTS TO SERVE 2401 S. UNIVERSITY CPN: 105700 FORT WORTH ENGINEER: KIMLEY-HORN AND ASSOCIATES INC. TX. REGISTRATION NO. F-928 801 CHERRY ST UNIT 11, SUITE 1300 FORT WORTH, TEXAS 76102 CONTACT: JOHN AINSWORTH, P.E. PHONE (817)-339.2253 D225026962 Page 12 of 15 LEGAL DESCRIPTION EASEMENT ENCROACHMENT BEING a 0.0034 acres (160 square foot) tract of land situated in the Maria Josefa Arocha Survey, Abstract No. 2, City of Fort Worth, Tarrant County, Texas; said tract being part of Lot 8R, Block 9, Park Hill, an addition to the City of Fort Worth according to the plat recorded in Instrument No. D225008328 of the Official Public records of Tarrant County, Texas; said trails being part of that tract of land described In Special Warranty Deed to Cowtown 109, LLC recorded In Instrument No. D214249598 of the said Official Public Records; said tracts being more particularly described as folk)ws: COMMENCING at a 1/2-inch iron rod with cap stamped "AREA SURVEYING" found in the east right-of-way line of South University Drive (a variable width right-of-way); from said point a 5/8-inch iron rod with cap stamped "KHA" set for comer bears North 89°38'19" East, a distance of 148.27 feet; THENCE North 14032119' East, departing the said east right-of-way line of South University Drive, a distance of 147.39 feet to the POINT OF BEGINNING; THENCE North 7204744" West, a distance of 10.00 feet to a point for comer, THENCE North 23054'"' West, a distance of 19.91 feet to a point for comer, THENCE South 72047'44" East, a distance of 10.00 feet to a point for comer, THENCE South 23"54'04" East, a distance of 19.91 feet to the POINT OF BEGINNING and containing 150 square feet or 0.0034 acres of land, more or less. i:t6st*1 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 & bounds description. The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the encroachment tract. MICHAEICC. BILLINGSLEY REGISTERED PROFESSIONAL LAND SURVEYOR NO.6558 801 CHERRY STREET, UNIT 11 SUITE 1300 FORT WORTH, TEXAS 76102 PH. 817-335.6511 michael.billingsley@kimiey-hom.com MICHAEL CLEO BILLINGSLIF ....................... 6558. . 9ti� SURV:yo EASEMENT ENCROACHMENT PART OF LOT 8R, BLOCK 9 PARK HILL MARIA JOSEFA SURVEY, ABSTRACT NO.2 CITY OF FORT WORTH TARRANT COUNTY, TEXAS D225026962 Page 13 of 15 \ LEGEND P.O.C. = POINT OF COMMENCING EASEMENT P.O.B. = POINT OF BEGINNING ENCROACHMENT IRFC = SM" IRON ROD W/ %W CAP FOUND 0. �0034 ACRES 3 `� b0 8Q. FT. ®,\ LOT 6, BLOCK 9 <� . t \ PARK HILL a (VOL. 1994, PG. 85) 1 \ JOSHUA M. HARRISON AND VICKY W. HARRISON P.O.B. \\ I (INST. NO. D222157839) PUSLIC \ 1/2' IRF DRAINAGE \ ` / PST. NaD225 EASEMENT— / LOT 8R, BLOCK 9 0 / PARK HILL DEED LINE O. \ \ P/ (INST. NO. D225006328) �---- — — X/ / P.O.C. T uaFc EA SURVEYING' NORTH 0 20 40 GRAPHIC SCALE IN FEET NOTES COWTOWN 109, LLC (INST. NO. D214249598) LINE TABLE NO. BEARING LENGTH L1 N72.47'44"W 10.00' L2 N2r "04'W 19.91' L3 S72.4744"E 10.0V L4 S23-54.04-E 19.91' N89'38 WE 148.2r LOT 1, BLOCK 1 PARK HILL (VOL. 388, PG. 58) IRSC BARBARA A. TURNER (VOL. 8932, PG.1452) LOT 7, BLOCK 9 PARK HILL (VOL. 1994, PG. 85) TIMOTHY LOCKE AND MISTELLE LOCKE I (INST. NO. D211088439) 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 encroachment tract. OF.. �P'� •. T ICHAEL . BILLINGSLEY y... * REGISTERED PROFESSIONAL ...................... LAND SURVEYOR NO.6558 MICHAEL CLEO BILLING; 801 CHERRY STREET, "'z """"""""""°' 6558?a, UNIT 11 SUITE 1300 ,p gy'•QFESS�®. FORT WORTH, TEXAS 76102 yo D PH. 817-335-6511 S p R V michael.billingsley@klmley-hom.com EASEMENT ENCROACHMENT PART OF LOT 8R, BLOCK 9 PARK HILL MARIA JOSEFA SURVEY, ABSTRACT NO.2 CITY OF FORT WORTH TARRANT COUNTY, TEXAS D225026962 .00•v•�•z N � ip l� A !n Page 14 of 15 LEGAL DESCRIPTION ENCROACHMENT AGREEMENT BEING a 0.0010 acre (42 square foot) tract of land situated in the Maria Josefa Arocha Survey, Abstract No. 2, City of Fort Worth, Tarrant County, Texas; said tract being part of Lot 8R, Block 9, Park Hill, an addition to the City of Fort Worth according to the plat recorded in Instrument No. D226006328 of the Official Public Records of Tarrant County, Texas; said tract being more particularly described as follows: BEGINNING at a point in the east right-of-way line of South University Drive (a variable width right-of-way); from said point a 1/2-inch iron rod with 1/2-inch "AREA SURVEYING" cap found in the said east line of South University Drive bears North 28®07'26" West, a distance of 113.25 feet; THENCE South 61 °52'34" West, departing the said east line of South University Drive, a distance of 10.50 feet to a point for corner; THENCE North 28°07'26" West, a distance of 4.00 feet to a point for corner; THENCE North 61 °52'34" East, a distance of 10.50 feet to a point for corner in the said east line of South University Drive; from said point a 5/8-inch iron rod with "KHA" cap set in the said east line of South University Drive bears South 28°07'26" East, a distance of 23.50 feet; THENCE South 28°07'26" East, along the said east line of South University Drive, a distance of 4.00 feet to the POINT OF BEGINNING and containing 42 square feet or 0.0010 acres of land, more or less. 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 the foregoing description accurately sets out the metes and bounds of the encroachment tract. ENCROACHMENT AGREEMENT ••OF MICHAEL CLEO BILLINGSLEY P�••G yf'`'•e�`` REGISTERED PROFESSIONAL ----------- LAND SURVEYOR NO. 6558 MICHAEL CLEO E 801 CHERRY STREET, •••••••••••••• 6551 5t UNIT 11 SUITE 1300 �'•�0 FORT WORTH, TEXAS 76102 &SIJ. PH. 817-335-6511 michael.billingsley@kimley-horn.com PART OF LOT 8R, BLOCK 9 PARK HILL MARIA JOSEFA AROCHA SURVEY, ABSTRACT No. 2 CITY OF FORT WORTH TARRANT COUNTY, TEXAS \ LOT 7, BLOCK 2 PARK HILL (VOL. 388, PG. 58) ir2'IRFC 'AREA SURVEYING" 0 1(O / Ile � °J LOT 8R, BLOCK 9 PARK HILL (INST. NO. D225006328) COWTOWN 109, LLC (INST. NO. D214249598) LINE TABLE NO. BEARING LENGTH L1 N61 °52'34"E 10.50' L2 S28"07'26"E 4.00' L3 S61°52'34'W 10.50' L4 j N28-07-26-W j 4.00' (P Sb \ IFDRAINAGE EASEMENT (INST. NO. D225008328) !Z 95 �iL \\ EASEMENT 7 \ ENCROACHMENT 0.0010 ACRES P.O.B. LEGEND L1 42 SQ. FT. NORTH P.O.B. = POINT OF BEGINNING %IRSC = 5/8" IRON ROD W/ "KHA" CAP SET <�`' �3 \\ 0 15 30 IRFC = IRON ROD W/CAP FOUND P. a� \ 0 (P- \ GRAPHIC SCALE IN FEET IRSC \ NOTES 0 Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202). A metes and bounds description of even survey date herewith accompanies this survey plat. The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey plat accurately sets out tha mPtpc anri hnunric of tha anrmnnhmant fraet MICHAEL CLEO BILLINGSLEY REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6558 801 CHERRY STREET, UNIT 11 SUITE 1300 FORT WORTH, TEXAS 76102 PH. 817-335-6511 michael.billingsley@kimley-horn.com MICHAEL CLEO BILLIP .......................... V.,0 6558 e4 o a .'9A:atiEss�o ENCROACHMENT AGREEMENT PART OF LOT 8R, BLOCK 9 PARK HILL MARIA JOSEFA AROCHA SURVEY, ABSTRACT No. 2 CITY OF FORT WORTH TARRANT COUNTY, TEXAS GRAPHIC SCALE IN FEET NORSN PLAN 0 15 30 60 I•IA EXISTING PUBLIC DRAINAGE EASEMENT (INST. NO. D2250D6328) PROFILE HORIZONTAL SCALE: 1'40- VERTICAL SCALEL 1'4- 5s5 PUBLIC STORM LINE A 595 PROPOSED MONUMENT SIGN PROPOSED MONUMENT SIGN FOOTING 590 590 PROPOSED GRA EXISTING GR5859 585 w 0 EXISTING 36' PUBLIC STORM LINE (K-3298) 580 580 577 577 0+00 ENCROACHMENT PLAN & PROFILE OWNER/DEVELOPER: 2401 S. UNIVERSITY COWTOWN 109 LLC FORT WORTH, TARRAN- COUNTY, TEXAS ADDRESS: 1635 ROGERS RD. DECEMBER 2025 FORT WORTH, TEXAS 76107 IPRC NO: IPRC24-0165 CONTACT: KYLE POULSON CPN: 105700 PHONE: (817)-291-4455 EMAIL: KYLEKPOULSON@GMAIL.COM 1+00 1+35 ENGINEER: KIMLEY-HORN AND ASSOCIATES INC. TX. REGISTRATION NO. F-928 801 CHERRY ST. UNIT 11, SUITE 1300 FORT WORTH, TEXAS 76102 CONTACT: JOHN AINSWORTH, P.E. 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II=I m Ern I� z \ \=1II-1� z o 11=1 0 111=IIHII 0 _ IIHII- Q —IIHZ f —ITllll Lu U w ay r ry N � ry m I LL I w I o I F 0 0 O FORT WORTH, City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Cowtown 109, LLC Subject of the Agreement: 1 st Amendment to Contract # 62783, adding a monument sign to the encroachment M&C Approved by the Council? * Yes ❑ No 21 If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes © No ❑ 1st Amendment to Contract # 62783 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No © If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: Date of Director's signing If differentfrom the approval date. Expiration Date 30 yrs after the signing of the agreement If applicable. Is a 1295 Form required? * Yes ❑ No *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: Ifapplicable. PN26-00010 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes © No ❑ Contracts need to be routed for CSO processing in the followingoder-. 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.