HomeMy WebLinkAboutContract 57116 Date Received: 02/16/2022 Permit Number: PN21-00129
Time Received: 8:50 AM City Secretary No.: 57116
PUBLIC PROPERTY RIGHT-OF-WAY ENCROACHMENT LICENSE
AGREEMENT
PER 11
THIS 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 by and through its duly authorized City Manager, Assistant City Manager, or
Director of the Development Services Department, and TX Kent Lofts, LP, a Texas
limited liability company ("Licensee"), acting by and through its duly authorized
Manager.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 1801 Main
Street, Fort Worth, Texas 76104 ("Property"), being more particularly described in the
attached Exhibit "A" which is incorporated herein for all purposes; and
WHEREAS, the City owns a roadway (the "Public Property") adjacent to the
Property as shown in the attached Exhibit "B," which is incorporated herein for all
purposes, and as recorded in the deed records of Tarrant County by instrument number
D215174321; and
WHEREAS, Licensee desires to construct, place, and maintain certain
improvements which will encroach in, on, above, or below the Public Property; and
WHEREAS, to accommodate the needs of the Licensee, the City will allow the
encroachment under the terns and conditions as set forth in this Agreement.
NOW, THEREFORE, the City and Licensee agree as follows:
AGREEMENT
1.
The City, in consideration of the payment by Licensee of the fee set out below
and covenants and agreements hereinafter contained to be kept and performed by
Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and
occupy a portion of the City's Public Property as described in and at the location shown
on Exhibit "C," but only to the extent shown thereon, for the purpose of constructing,
installing, and maintaining a water and sanitary sewer (the "Encroachment"). Upon
completion of the Encroachment, Licensee agrees to be responsible for maintaining the
Encroachment within the Public Property. Licensee shall not expand or otherwise cause
OFFICIAL RECORD
Tier II ROW Encroachment Agreement
PN21-00129 CITY SECRETARY
FT. WORTH, TX
the Encroachment to further infringe in or on the Public Property beyond what is
specifically described in Exhibit "C."
2.
All construction, installation, maintenance, and operation of the Encroachment
and the use or occupancy of the Public Property shall comply with and be performed in
strict compliance with this Agreement and with the charter, ordinances, codes, and
policies of the City. Prior to the construction or installation of the Encroachment,
Licensee shall submit all plans and specifications to the Director of the Development
Services Department or duly authorized representative. Licensee shall not commence
construction or installation of the Encroachment nor make any use of the Public Property
until after the execution of this Agreement.
3.
Licensee, at no expense to the City, shall make proper provisions for the
relocation and installation of any existing or future utilities affected by such
Encroachment and the use and occupancy of the Public Property, including the securing
the approval and consent of the appropriate utility companies and agencies of the State of
Texas and its political subdivisions. In the event that any installation, reinstallation,
relocation, or repair of any existing or future utility or improvements owned by or
constructed by or on behalf of the public or at public expense is made more costly by
virtue of the construction, maintenance, or existence of the Encroachment and use of
Public Property, Licensee shall pay to City an additional amount equal to such additional
cost as determined by the Director of Transportation and Public Works, the Director of
the Water Department, the Director of the Development Services Department, or their
duly authorized representative.
4.
Licensee agrees that City may enter and utilize the Public Property at any time for
any public purpose, including installing, repairing, replacing, or maintaining
improvements to its public facilities or utilities necessary for the health, safety, and
welfare of the public. The City shall have no responsibility or liability for any damages
related to the Encroachment resulting from the City's use of the Public Property;
however, the City shall make reasonable efforts to minimize such damage.
5.
Upon termination of this Agreement, Licensee shall, at the option of and at no
expense to the City, remove the Encroachment and restore the Public Property to a
condition acceptable to the Director of Transportation and Public Works, the Director of
the Water Department, the Director of the Development Services Department or their
Tier II ROW Encroachment Agreement Page 2 of 13
PN21-00129 Revised 10/21
duly authorized representative. Any such removal of the Encroachment shall be in
accordance with then-existing City regulations and policies. It is understood and agreed
to by Licensee that if this Agreement terminates and Licensee fails to remove the
Encroachment and restore the Public Property, Licensee hereby gives City permission to
remove the Encroachment and any supporting structures from the Public Property, to
restore the Public Property, and to assess a lien on the Property for the costs expended by
the City in taking such actions.
6.
In order to defray all costs of inspection and supervision which the City has
incurred or will incur as a result of the construction, maintenance, inspection or
management of the Encroachment and use of Public Property as provided for by this
Agreement, Licensee agrees to pay to City at the time this Agreement is requested an
application fee in the sum of Seven Hundred Dollars ($700.00). Additionally, Licensee
agrees to pay a fee in the amount of$2.00 per square/linear foot of the encroachment area
upon execution of this Agreement and annually thereafter.
7.
The term of this Agreement shall be for thirty (30) years, commencing on the
date this Agreement is executed by City. However, the City may terminate this
Agreement upon Licensee's noncompliance with any of the terms of this Agreement.
City shall notify Licensee in writing of any such noncompliance and if Licensee does not
cure the noncompliance within thirty (30) days of notice from City, the City may
terminate this Agreement. However, the City may, at its sole option, allow the Agreement
to remain in effect so long as Licensee has taken reasonable measures to cure the
noncompliance or is continuing to diligently attempt to remedy the noncompliance.
8.
It is further understood and agreed between the parties hereto that the Public
Property to be used and encroached upon is held by City as trustee for the public; that
City exercises such powers over the Public Property as have been delegated to it by the
Constitution of the State of Texas or by the Texas Legislature; and that City cannot
contract away its duty and its legislative power to control the Public Property for the use
and benefit of the public. It is accordingly agreed that if the governing body of City may
at any time during the term hereof determine in its sole discretion to use or cause or
permit the Public Property to be used for any other public purpose, including but not
being limited to underground, surface, or overhead communication, drainage, sanitary
sewerage, transmission of natural gas or electricity, or any other public purpose, whether
presently contemplated or not, that the parties agree to negotiate in good faith in order to
accommodate both the Encroachment and the public purpose.
Tier II RONA'Encroachment Agreement Page 3 of 13
PN21-00129 Revised 10/21
9.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION
WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION,
MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE
ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT
CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF
THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND
RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL
LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL
INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY
PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE
ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF
LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS,LICENSEES, OR INVITEES.
10.
While this Agreement is in effect, Licensee agrees to furnish City with a
Certificate of Insurance naming City as certificate holder as proof that is has secured and
paid for a policy of public liability insurance covering all public risks related to the
proposed use and occupancy of public property as located and described in Exhibit "C."
The amounts of such insurance shall be not less than
$1,000,000
with the understanding and agreement by Licensee that such insurance amounts may be
revised upward at City's option and that Licensee shall so revise such amounts
immediately following notice to Licensee of such requirement. Such insurance policy
shall not be canceled or amended without at least thirty (30) days prior written notice to
the Building Official of the City. A copy of such Certificate of Insurance is attached as
Exhibit "D" and incorporated herein for all purposes. Licensee agrees, binds, and
obligates itself and its successors and assigns to maintain and keep in force such public
liability insurance at all times during the term of this Agreement and until the removal of
the Encroachment and restoration of the Public Property. All insurance coverage
required herein shall include coverage of all Licensee's contractors and subcontractors.
Tier II RONA'Encroachment Agreement Page 4 of 13
PN21-00129 Revised 10/21
11.
Licensee agrees to deposit with the City when this Agreement is executed a
sufficient sum of money to be used to pay necessary fees to record this Agreement in the
real property records of the county in which the Encroachment is located. After being
recorded, the original shall be returned to the City Secretary of the City of Fort Worth.
12.
Licensee agrees to comply fully with all applicable federal, state, and local laws,
statutes, ordinances, codes, and regulations in connection with the construction,
operation, and maintenance of the Encroachment and use of the Public Property.
13.
Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for
by this Agreement or by any federal, state, or local statute, law, or regulation.
14.
Licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as an officer, agent,
servant, or employee of City, and Licensee shall have exclusive control of and the
exclusive right to control the details of its operations, and all persons performing same,
and shall be solely responsible for the acts and omissions of its officers, agents, servants,
employees, contractors, subcontractors, licensees, and invitees. The doctrine of
respondeat superior shall not apply as between City and Licensee, its officers, agents,
servants, employees, contractors, and subcontractors, and nothing herein shall be
construed as creating a partnership or joint enterprise between City and Licensee.
15.
Licensee agrees and acknowledges that this Agreement is solely for the purpose
of permitting Licensee to construct, maintain, and locate the Encroachment over or within
the Public Property and is not a conveyance of any right, title, or interest in or to the
Public Property, nor is it meant to convey any right to use or occupy property in which a
third-party may have an interest. Licensee agrees that it will obtain all necessary
permissions before occupying such property.
16.
In any action brought by the City for the enforcement of the obligations of the
Licensee, City shall be entitled to recover interest and reasonable attorneys' fees.
Tier II ROW Encroachment Agreement Page 5 of 13
PN21-00129 Revised 10/21
17.
The parties agree that the duties and obligations contained in Section 5 shall
survive the termination of this Agreement.
18.
Licensee covenants and agrees that it will not assign all or any of its rights,
privileges, or duties under this Agreement without the written approval of the City, and
any attempted assignment without such written approval shall be void. In the event
Licensee conveys the Property, Licensee may assign all of its rights and obligations under
this Agreement to the new owner of the Property, and Licensee shall be deemed released
from its duties and obligations hereunder upon City's approval in writing of such
assignment, which approval shall not be unreasonably conditioned or withheld.
Foreclosure by a secured lender of Licensee or assignment to a secured lender by
Licensee in the event of default or otherwise shall not require City approval provided that
said lender notifies City in writing within sixty (60) days of such foreclosure or
assignment and assumes all of Licensee's rights and obligations hereunder. However, no
change of ownership due to foreclosure or assignment to any secured lender of Licensee
shall be effective as to City unless and until written notice of such foreclosure or
assignment is provided to City.
19.
Any cause of action for breach of this Agreement shall be brought in Tarrant
County, Texas. This Agreement shall be governed by the laws of the State of Texas.
20.
This Agreement shall be binding upon the parties hereto and their successors and
assigns.
21.
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Tier II RONA'Encroachment Agreement Page 6 of 13
PN21-00129 Revised 10/21
City: Licensee:
CITY OF FORT WORTH Kent Lofts, LP
a Texas limited liability company
By: Kent Lofts GP,LLC
a Texas limited liability company
a general partnership
By:DJ Harrell(Feb15,202210:07 CST) By:
D.J. Harrell, Director of the Name: Melissa Fisher
Development Services Department Title: Manager
Date: Feb 15,2022 Date: 1/25/22
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ATTEST: �a��EXpSoaQ Approved As To Form and Legality
:79ee&t g S (5XW9GG
Jannette S.Goodall(Feb 16,202207:42 CST)
Jannette Goodall, City Thomas Royce Hansen
Secretary Assistant City Attorney
Ordinance No. 24161-04-2020
Date: Feb 16,2022
Date: Feb 15,2022
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.
Janie S. Morales
Development Services
Date: Feb 15,2022
OFFICIAL RECORD
Tier II ROW Encroachment Agreement
PN21-00129 CITY SECRETARY
FT. WORTH, TX
***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 15th day of
February 120 22
Wendy L. Digitally signed by Wendy L. �PRva�a WENDY L BEARDSLEE
Beardslee i Notary Public
Date:2022.02.15 13:52:27 * * STATE OF TEXAS
Bea rd s I ee _06'00' 9jF/oFvP Notary I.D.13323719-3
Notary Public in and for the State of Texas My Comm.Exp.July 28,2025
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
OFFICIAL RECORD
CITY SECRETARY
Tier II ROW Encroachment Agreement
FT.WORTH, TX
PN21-00129
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 Melisso Fisher (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 , a (entity type), and in the capacity therein stated.
Kent Lofts, LP Limited Partnership
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of j9&e4 -
20 ��. JJ �'
AMY LYNN JU5TIN
Notary Public, state of Texas
Comm Expires 09 16-2024
4Notun d for Uthe Notary 10 132679519
State of
OFFICIAL RECORD
Tier II ROW Encroachment Agreement CITY SECRETARY
PN21-00129 FT. WORTH, TX
Exhibit "A"
Legal Description of the Licensee's Property
Being a 2.522 acres (109,861 square feet)tract of land situated in the J. Childress Survey,Abstract No.
250 and being the remainder of Lots I, 2 and 3, Block I of Frank Kent Subdivision, an addition to the City
of Fort Worth,Tarrant County,Texas as recorded in Volume 388-95, Page 51 of the Plat Records of
Tarrant County,Texas and being all of that certain tract of land described in a Special Warranty Deed to
Harmony Realty, Ltd. as recorded in Instrument No. D209009614 of the Official Public Records of Tarrant
County,Texas,and also being the remainder of that certain tract of land described in a General
Warranty Deed to Harmony Realty, Corporation as recorded in Volume 9569, Page 2158 of the Deed
Records of Tarrant County, Texas, and being more particularly described as follows:
BEGINNING at a capped iron rod found for the northeasterly end of a curvilinear corner clip at the
intersection of the southerly right-of-way of Lancaster Avenue (a variable width right-of-way), and the
easterly right-of-way line of Main Street (a variable width right-of-way), said point being the most
northerly northwest corner of aforementioned Harmony Realty, Ltd. tract of land and beginning a curve
to the left;
THENCE along the southerly right-of-way line of aforementioned Lancaster Avenue and the northerly
line of aforementioned Harmony Realty, Ltd.tract,the following six (6) calls:
Along aforementioned curve, having a central angle of 03 degrees 55 minutes 00 seconds, a radius of
765.50 feet, a chord bearing and distance of North 89 degrees 50 minutes 07 seconds East-52.32 feet,
and an arc distance of 52.33 feet to a capped iron rod found for a point of tangency and end of
aforementioned curve;
North 87 degrees 56 minutes 29 seconds East, a distance of 48.76 feet to a capped iron rod found for
the beginning of a tangent curve to the right;
Along aforementioned curve, having a central angle of 23 degrees 37 minutes 34 seconds, a radius of
227.50 feet, a chord bearing and distance of South 80 degrees 14 minutes 42 seconds East-93.15 feet,
and an arc distance of 93.81 feet to a 1/2" iron rod with an orange plastic cap stamped "P&C 100871"
set for a point of tangency and end of aforementioned curve;
South 68 degrees 25 minutes 53 seconds East, a distance of23.15 feet to a capped iron rod found for
corner;
South 87 degrees 32 minutes 40 seconds East,a distance of 115.48 feet to a 1/2" iron rod with an
orange plastic cap stamped "P&C 100871" set for comer;
South 87 degrees 28 minutes 57 seconds East,a distance of90.50 feet to a 1/2" iron rod with an orange
plastic cap stamped "P&C 100871" set for the beginning of a non-tangent curve to the right, said point
being the northeast comer of said Harmony Realty, Ltd.tract;
THENCE departing the southerly right-of-way line of said Lancaster Avenue and the northerly line of
aforementioned Harmony Realty, Ltd. tract, along aforementioned curve and the easterly line of
aforementioned Harmony Realty, Ltd. tract, having a central angle of 12 degrees 05
minutes 04 seconds, a radius of587.27 feet, a chord bearing and distance of South 45 degrees 09
minutes 41 seconds West -123.63 feet, and an arc distance of 123.86 feet to a 1/2" iron rod with an
orange plastic cap stamped "P&C 100871" set for a point of non-tangency and end of aforementioned
curve, said point being the southeast corner of aforementioned Harmony Realty, Ltd. tract and the most
northerly northwest corner of that certain tract of land described in a Special Warranty Deed to the Fort
Worth Transportation Authority as recorded in Instrument No. D210308122 of the Official Public
Records of Tarrant County,Texas, said point also beginning a non-tangent curve to the right;
THENCE along the westerly line of aforementioned Fort Worth Transportation Authority tract, the
following three (3) calls:
Along aforementioned curve, having a central angle of 18 degrees 02 minutes 44 seconds, a radius of
587.27 feet, a chord bearing and distance of South 60 degrees 13 minutes 05 seconds West - 184.20
feet, and an arc distance of 184.96 feet to a 1/2" iron rod with an orange plastic cap stamped "P&C
100871" set for a point of tangency and end of aforementioned curve;
South 72 degrees 36 minutes 07 seconds West, a distance of 115.25 feet to a 1/2" iron rod with an
orange plastic cap stamped "P&C 100871" set for corner;
South 74 degrees 21 minutes 48 seconds West, a distance of81.52 feet to a 1/2" iron rod with an orange
plastic cap stamped "P&C 100871" set for corner, said point being in the southerly line of said Lot 1,
Block 1 of Frank Kent Subdivision;
THENCE along the southerly line of aforementioned Lot 1,the following two (2) calls:
North 87 degrees 48 minutes 09 seconds West, departing the westerly line of said Fort Worth
Transportation Authority tract, passing at a distance of 1.40 feet a capped iron rod found and continuing
in all a total distance of 90.83 feet to a capped iron rod found for corner;
North 87 degrees 35 minutes 59 seconds West, a distance of 194.14 feet to a capped iron rod found for
corner, said point being in the easterly right-of-way line of said Main Street as described in Warranty
Deed to the City of Fort Worth as recorded in Instrument No. D205141703 of the Official Public Records
of Tarrant County,Texas;
THENCE along the easterly right-of-way line of aforementioned Main Street,the following six(6) calls:
North 03 degrees 51 minutes 10 seconds East, departing the southerly line of said Lot 1, a distance
of2.33 feet to a capped iron rod found for the beginning of a tangent curve to the right;
Along aforementioned curve, having a central angle of 18 degrees 07 minutes 53 seconds, a radius of
57.64 feet, a chord bearing and distance of North 12 degrees 55 minutes 07 seconds East -1 8.16 feet,
and an arc distance of 18.24 feet to a capped iron rod found for end of aforementioned curve and
beginning a compound curve to the right;
Along aforementioned curve, having a central angle of 38 degrees 28 minutes 06 seconds, a radius of
67.76 feet, a chord bearing and distance of North 41 degrees 13 minutes 10 seconds
East-44.64 feet, and an arc distance of 45.49 feet to a capped iron rod found for a point of tangency
and end of aforementioned curve;
North 60 degrees 27 minutes 17 seconds East, a distance of 138.04 feet to a capped iron rod found for
the beginning of a tangent curve to the left;
Along aforementioned curve, having a central angle of 33 degrees 37 minutes 31 seconds, a radius of
200.24 feet, a chord bearing and distance of North 43 degrees 38 minutes 40 seconds East -115.84 feet,
and an arc distance of 117.51 feet to a capped iron rod found for end of aforementioned curve and
beginning of a compound curve to the left;
Along aforementioned curve, having a central angle of 01 degrees 33 minutes 04 seconds, a radius of
200.25 feet, a chord bearing and distance of North 26 degrees 03 minutes 23 seconds East- 5.42 feet,
and an arc distance of 5.42 feet to a capped iron rod found for the end of aforementioned curve and
beginning said curvilinear corner clip to the left at the intersection of the southerly right-of-way line of
said Lancaster Avenue and the easterly right-of-way line of said Main Street;
THENCE along aforementioned curvilinear corner clip, having a central angle of 42 degrees 07 minutes
31 seconds, a radius of 109.00 feet, a chord bearing and distance of North 5S degrees 27 minutes 16
seconds East-78.35 feet, and an arc distance of 80.14 feet to the POINT OF BEGINNING and containing
2.522 acres (109,861 square feet) of land, more or less.
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SCALE: 1"=500'
CPN: 103089
MAPSCO NO. 76A
ENGINEER:
■
■
OWNER/DEVELOPER ■
TX KENT APARTMENTS,LP M U LTAT E C H
16812 DALLAS PARKWAY PROJECT. ARCHITECTS•ENGINEERS
DALLAS,TX 75248 TBPE Reg#F351
MELISSA FISHER, "THE KENT APARTMENTS" 2821 WEST 7TH ST,SUITE 400
972-701-5558 FORT WORTH,TEXAS 76107
mfisher@rise-residential.com 02-26-2021 (817)877-5571
EXHIBIT B
Depiction of the Public Property
Tier II RONA'Encroachment Agreement Page 11 of 13
PN21-00129 Revised 10/21
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dog rees-58 minutes west 203-32/100 feet to the �� n: .o „ o place of beginning. € a 3
22
KNOW ALL MEN BY THESE PRESENTS, that F. F. F. Corporation
does hereby adopt the accompanying plat designating the above 8 c as nq°
m "r
desc
ribed .. ^. m
ed pr
operty
operty as Lots 1 2 3 andll
�� vt'" ..,_.,., 9 i - w r n Hlock 9 In the Frank I
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Kent subdivision, being a portion of the Texas S Pacific Reservation z$n��,•!V\y�''l . � '�� & ',4 zss
in the Bohn Childress Survey in Fort worth, Tarrant County, Texas, s'sg+€ yz Ne9 qHw o �`a ly
.i a 1; t•
and does hereby dedicate to the public use forever the streets R ' •� ;°gym 4i +: 2 n ry 57/27w o Z
oAv r! �3
and easements shown thereon; provided however, that the specific
N85-35W o 13 N N
easements shown are dedicated only for the benefit of the particular - g _i s i„��.., a Cn rrJ
Grantees shown. zmg ;..£ 'Ti o N85-I8w u CD
ZO
4 C O
ExECUTED this day of� , 1974.
2 74 e < \I
F. F. F. CORPORATION {R4 AL m 0 r" Sootn N m
C
'"n ac o_ I O
BYE PLLLf � \n� Fa "> I m L.
F an h:` N C — ..f"26 3.!P yi
Chairman f the Board ; .iID Q g, iV m I - S—In
THE STATE OF TEXAS
0
COUNTY OF TARRANT
h• 3 o °a
BEFORE ME, the undersigned, a Notary Public in and Pj
n O
for said County and State, on this day personally appeared m 0 - ',0
FRANK FRANK%ENT, Chairman of the Board of F. F. F. Corporation, known
kkk x m n m _e
to me to be the person and officer whose name is subscribed to p the foregoing instrument and acknowledged to me that the same was t6`" O 0 0 Y9,� I)o
the act of the said F. F. F. Corporation, a corporation, andethat T - I 4- -
he executed the same as the act of such c p O ? G o .� Bourn p,',• *\I'^
corporation for the C -
purpose and consideration therein expressed, d in the capacity w
therein stated.
GIV P ER MY AND AND SEAL OF OFFICE this the ` n y a
F�day of�� 1974. 1
Notaryand
County,Texas
2- n1,lld E"Z 111�0 1499
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EXHIBIT C
Depiction and description of the Encroachment
Tier II RONA'Encroachment Agreement Page 12 of 13
PN21-00129 Revised 10/21
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EXHIBIT D
Certificate of Insurance
Tier II ROB'Encroachment Agreement Page 13 of 13
PN21-00129 Revised 10/21
Additional Named Insureds
Other Named Insureds
Austin Boyce II Family Apartments, LP
Austin Colorado Creek Apartments GP, LLC
Austin Colorado Creek Apartments, LP
Austin Colorado Creek SLP, LLC
Lake Jackson Villas Investments, LP
Murdeaux Rehab Redevelopment, LP
RISE Const-ucticn Group, LLC
RISE Residential Construction Austin Manor, LLC
RISE Residential Construction Austin, LLC
RISE Residential Construction Creekview, LLC
RISE Residential Construction Garland, LLC
RISE Residential Construction GP, LLC
RISE Residential Construction Group, LLC
RISE Residential Construction Indian Lake, LLC
RISE Residential Construction IV LLC
RISE Residential Construction Lake Jackson, LLC
RISE Residential Construction Lake-jiew LLC
RISE Residential Construction Lakeway, LLC
RISE Residential Construction Memorial, LLC
RISE Residential Construction Moore Oklahoma, LLC
RISE Residential Corstruction Parmer Austin, LLC
RISE Residential Construction Rio Hondo, LLC
RISE Residential Construction Riverside, LLC
RISE Residential Construction Sherwood Oaks, LP
RISE Residential Construction Sienna Villas, LLC
OFAPPINF(02/2007) COPYRIGHT 2007,AMS SERVICES INC
Additional Named Insureds
Other Named Insureds
RISE Residential Construction V LLC
RISE Residential Construction VI LLC
RISE Residential Construction VII LLC
RISE Residential Construction VIII LLC
RISE Residential Construction X LP
RISE Residential Construction X, LLC
RISE Residential Construction, Lakeway, LLC
RISE Residential C-eekciew SLP LLC
RISE Residential Development V, LLC
RISE Residential Offices GP
RISE Residential Offices, LP
RISE Rio Hondo, LP
RRC Development Creekview Austin, LLC
RRC Develop_ent Ga-land, LLC
RRC Development Indian Lakes, LLC
RRC Development Lakeview Seniors, LLC
RRC Development Memorial, LLC
RRC Develop_ent Moore, LLC
RRC Development Pa-mer Austin, LLC
RRC Development Rio Eondo, LLC
RRC Development Riverside Seniors, LLC
RRC Development Sherwood Oaks, LLC
RRC Development Siena Villas, LLC
RRC Development SV Developer, LLC
RRC Development, LLC
OFAPPINF(02/2007) COPYRIGHT 2007,AMS SERVICES INC
Additional Named Insureds
Other Named Insureds
RRC Sienna Villas GP, LLC
Savannah at Lakeview, LP
SLJ Vegas, LLC
The Curve Apartrrents, LP
TX Austin Manor GP, LLC
TX Austin Manor, LP
TX Collin Aparertents GP, LLC
TX Collin Apartments, LP
TX Creekview Austin CP, LP
TX Creekvie-,,, Austin, LP
TX Curve Moore GP, LLC
TX Garland Apartments GP, LLC
TX Garland T,partrnents SLP, LLC
TX Garland Apartments, LP
TX Grand Manor I,pa-tments GP LLC
TX Grand Manor Apa-tments, LP
TX Indian Lakes Apartments GP, LLC
TX Indian Lakes Apartments, LP
TX Kent Lof_s GP, LLC
TX Kent Lof.-s, LP
TX Lake Jackson GP, LLC
TX Lake Jac.cson Villas, LLC
TX Lake Jackson, LP
TX Lakeview Seniors GP, LLC
TX Lakeview Seniors SLP, LLC
OFAPPINF(02/2007) COPYRIGHT 2007,AMS SERVICES INC
Additional Named Insureds
Other Named Insureds
TX Lakeview Seniors, LP
TX Lakeway Apartments GP, LLC
TX Lakeway Apartments, LP
TX Majors Place Apartments, LP
TX Mayorca Villas GP, LLC
TX Mayorca Villas, LP
TX McAllen Memorial Aparmtents II SLP, LLC
TX McAllen Memorial Apartments II GP, LLC
TX McAllen Memorial Apartments II, LP
TX Parrrer Austin CCF GP, LLC
TX Parrrer Austin CCF, LP
TX Parner Austin II GP, LLC
TX Parrrer Austin II, LP
TX Parner Austin SLP, LLC
TX Riverside Senio-s GP, LLC
TX Riverside Senio-s SLP, LLC
TX RiverSide Senio-s, LP
TX Rowlett Vista Northshore Apartments, LP
TX Sherwood Oaks GP, LLC
TX Sherwood Oaks, LP
OFAPPINF(02/2007) COPYRIGHT 2007,AMS SERVICES INC