HomeMy WebLinkAboutContract 57320-CA1 Date Received: 07/01/2022 Record Number: PN22-00080
Time Received: 2:34 pm City Secretary Number: 57320-CAl
ASSIGNMENT AND CONSENT OF ENCROACHMENT AGREEMENT
City Secretary Contract No. 57320
THIS ASSIGNMENT OF ENCROACHMENT AGREEMENT ("Assignment") is
made and entered into as of this 30th day of June 20 22 , by and between the CITY
OF FORT WORTH, a Texas home-rule municipal corporation ("City"), 52095 Limited
Partnership, a Texas limited partnership ("Assignor"), and Victoria Partners, LLC, a Texas
limited liability company ("Assignee"). Sometimes herein City, Assignor, or Assignee may also
be referred to individually as a"Party" or collectively as the "Parties."
WITNESSETH:
WHEREAS, the City entered into an Encroachment Agreement, City Secretary Contract
No. 57320 (the "Encroachment Agreement"), on the 31 st day of March, 2022, with Assignor,
the owner of certain real property more particularly described in the attached Legal Description
(the "Property") located adjacent to or near the City's right-of-way on which the encroachments
are located. The encroachments are more particularly described in the Encroachment
Agreement, attached hereto as "Exhibit A" and incorporated herein by reference for all purposes,
and are referenced therein and herein as the "Improvements";
WHEREAS, the Encroachment Agreement was recorded on the 1st day of April, 2022,
as Instrument No. D222084782 in the Real Property Records of Tarrant County, Texas;
WHEREAS, Assignor desires to assign the Encroachment Agreement to Assignee.
AGREEMENT:
NOW, THEREFORE, for and in consideration of the above and foregoing premises and
the mutual covenants, terms, and conditions herein contained, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby
agree as follows:
1. Assignor hereby assigns, transfers, and conveys all rights and interests and
delegates it duties and obligations under the Encroachment Agreement to Assignee.
2. Assignee hereby accepts the Assignment granted herein, and assumes all of
Assignor's rights, duties, and obligations arising under the Encroachment Agreement.
3. Assignor has full right, power, and authority to enter into this Assignment, to
make the representations set forth herein, and to carry out Assignor's obligations hereunder.
Encroachment Assignment Agreement OFFICIAL RECORDPage 1 of 8
CITY SECRETARY Rev 04/2020
FT. WORTH, TX
Assignee has the full right, power, and authority to enter into this Assignment, to make the
representations set forth herein, and to carry out Assignee's obligations hereunder.
4. The effective date of this Assignment shall be the date of its execution by the City
(the "Effective Date"). All rights, duties, and obligations under the Encroachment Agreement
arising, accruing, or relating to the period before the Effective Date are allocated to Assignor,
and all rights, duties, and obligations arising, accruing, or relating to the period thereafter shall
be allocated to Assignee.
5. Except as otherwise expressly set forth in this Assignment, Assignor will be
discharged from any and all further obligations under the Encroachment Agreement as of the
Effective Date.
6. Assignor represents, warrants, and covenants with City and Assignee that as of
the Effective Date, Assignor is not in default of any of its obligations contained in the
Encroachment Agreement.
7. City hereby consents to this Assignment upon the terms and conditions set forth
herein. Unless and until City has executed this Assignment, it is of no effect. The consent
granted herein should not be construed as consent to any further assignments. The failure or
delay of City in seeking to enforce any provision of the Encroachment Agreement or this
Assignment shall not be deemed a waiver of rights or remedies that City may have or a waiver of
any subsequent breach of the terms and provisions therein or herein contained.
8. Any notice given by any Party to another Party must be in writing and shall be
effective upon receipt when (i) sent by U.S. mail with proper postage, certified mail return
receipt requested, or by a nationally recognized overnight delivery service, and (ii) addressed to
the other Party at the address set out below or at such other address as the receiving Party
designates by proper notice to the sending Party.
City
Development Services Department
200 Texas Street
Fort Worth TX 76102
Attention: Director
Assignor
52095 Limited Partnership
4216 Cheshire Drive
Colleyville, TX 76034
Assignee
Victoria Partners, LLC
7917 Sheffield Court
North Richland Hills, TX 76182
Encroachment Assignment Agreement Page 2 of 8
Rev 04/2020
9. Except as herein otherwise provided, this Assignment will be binding upon and
inure to the benefit of the Parties and their respective successors and assigns.
10. Assignee shall cause this Assignment to be filed of record at Assignee's expense
in the Real Property Records for Tarrant County, Texas.
11. The Certificate of Insurance for the Assignor attached as Exhibit `B" to the
Encroachment Agreement is hereby deleted and replaced with the attached Certificate of
Insurance from the Assignee as "Exhibit B, Revised."
12. All terms and conditions of the Encroachment Agreement not amended herein
remain unaffected and in full force and effect, are binding on the Parties, and are hereby ratified
by the Parties. Capitalized terms not defined herein shall have meanings assigned to them in the
Encroachment Agreement.
13. This Assignment may be executed in multiple counterparts, each of which shall
be deemed an original, and all of which, when taken together, shall constitute one and the same
document which may be evidenced by one counterpart.
[SIGNATURES APPEAR ON FOLLOWING PAGES]
Encroachment Assignment Agreement Page 3 of 8
Rev 04/2020
ASSIGNOR: ASSIGNEE:
52095 Limited Partnership Victoria Partners, LLC
a Texas limited partnership a Texas limited liability company
By: Rohde Texan, Inc
A Texas oration
B By:
N Name:
Title: Title:
Date: Date:
STATE OF TEXAS §
COUNTY OFT&�- §
,)` r
� This instrument was acknowledged before me by ��L�nd�Gl � as the ,�k� of
(<i a ,on behalf of said corporatio6 19afh"�[) /, - / - �9A A/ —
otary Public, Sta e o Te as
[NOTARIAL SEAL
a
WAYNDA DIANE BISHOP
Notary ID#124849870
My Commission Expires March 8,2024
-- -_.
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me by z6 ' - as the Alw . r ' dalt4lwl-
of_ a Texas non-profit corporationZon"&ealf f said corporation.
v,aivwckblic, Stat o Tex s
[NOTARIAL SEAL
WAYNDA DIANE BISHOP OFFICIAL RECORD
i n Notary ID#124849870,
N, ? My Commission Expires CITY SECRETARY
9rf GF�F'} March 8, 2024
FT. WORTH, TX
Encroachment Assignment Agreement Page 4 of 8
Rev 04/2020
APPROVED AS TO FORM AND CITY OF FORT WORTH
LEGALITY:
✓lLGt!!� � � DJ Harrell(Jun 30,202210:49 CDT)
DJ Harrell, Director
Matthew Murray, City Attorney Development Services Department
City Attorney's Office
Date: Jun 27, 2022 Date: Jun 30, 2022
ppF FOR��a�
ATTEST: �A.o°° °°°O d�
.7G1`eettG c1 GOOG�GILG ° ° •1
p/�o °o
..o 0
Jannette S.Goodall(Jul 1.202211:20 CDT) d�o a.T.0 0
o °0000
Jannette Goodall �� o°i��
City Secretary a�a�nEXAso4p
(M&C not Required)
Date: Jul 1, 2022
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.
Janie S. Morales
Development Manager
Date: Jun 27, 2022
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Encroachment Assignment Agreement Page 5 of 8
Rev 04/2020
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on June 30th 20 22 by DJ
Harrell, Interim Director, as the Director of the Development Services Department of the City of Fort
Worth, a Texas municipal corporation on behalf of the City of Fort Worth.
WendL, Digitally signed by
Y Wendy L.Beardslee
z�p?'yP WENDY L BEARDSLEE Date:2022.06.30
Notary Public Beardslee 17:44:38 05'00'
* STATE OF TEXAS Notary Public, State of Texas
Notary I.D. 13323719-3
9�OF My Comm. Exp. July 28, 2025
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Encroachment Assignment Agreement Page 6 of 8
Rev 04/2020
EXHIBIT A
ORIGINAL AGREEMENT WITH ATTACHED EXHIBITS
Encroachment Assignment Agreement Page 7 of 8
Rev 04/2020
D222084782 04/01/2022 09:20 AM Page: 1 of 26 Fee: $119.00 Submitter: COFW CFA OFFICE
Electronically Recorded by Tarrant County Clerk in Official Public Records - h}"&�
MARY LOUISE NICHOLSOIJ
COUNTY CLERK
Date Received: 03/31/2022 Permit Number: PN22-00042
Time Received: 3:49 pm City Secretary No,: 57320
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
TIER 11
THIS AGREEMENT is made and entered into by and between THE CITY OF
FORT WORTH, a hotne 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 52095 Limited Partnership, a(n)
a Texas limited partnership ("Licensee"), acting by and through its duly authorized
President and Governing Person.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 11320 Mosier
Valley Road, Fort Worth, Texas 76040 ("Property"), being more particularly described
in the attached Exhibit"A" which is incorporated herein for all purposes; and
WHEREAS, the City owns or has an interest in a public utility easement (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 D202338053; and
WHEREAS, Licensee desires to construct, place, and maintain certain
improvements which will encroach in, on, above, or below the Public Property; and
WHEREAS Licensee has received consent from the other franchise utility
companies to construct, place, and maintain the improvements within the public utility
easement; and
WHEREAS, to accommodate the needs of the Licensee, the City will allow the
encroachment under the terms and conditions as set forth in this Agreement.
NOW, THEREFORE, the City and Licensee agree as follows:
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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 6"of a building (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 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
constriction 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. Licensee has received
the approval and consent of certain franchise utility companies and such consents are
attached hereto as Exhibit "D." Licensee agrees that it shall secure the approval and
consent of all other 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.
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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 minitnize 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
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).
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.
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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.
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.
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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 "E" 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.
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.
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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.
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
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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]
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D222084782 Page 8 of 26
City: Licensee:
CITY OF FORT WORTH 52095 Limited Partnership
a Texas limited partnership
By, Rohde Texan, Inc
a Texas co tion
G
By:DJ Harrell(l.Ir 29,202218:39COT) By:
D.J. Harrell, Director of the Name: Donald Q. Rohde
Development Services Department Title: Pre ident
Date: Mar 29,2022 Date: 7o 2Z--
By:
Name: Veronica Rohde
Title: Governing Person
Date: 3 a- (0 r �L D
ATTEST: Approved As To Form and Legality
Tanno#o S. Goodall Jannette S.Goodall(Mai 30,202209:51 CDT)
Jannette Goodall, Thomas Royce Hansen
City Secretary Assistant City Attorney
Ordinance No. 24161-04-2020
Date: Mar 30,2022
Date: Mar 29,2022
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: Mar 29,2022
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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 29th day of
March ,20 22
WendL. Digitally signed by WendyL,
Y , Beardslee o�Pa,P��/ WENDYLB""'LEE
Notary Public
Beardslee Date:2022.03.29 18:46:17 •®* STATE OF TEXAS
-05'00' � v Nolary I.D. 13323719-3
9�OF M Comm.Ex Jul 28,2025
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
i
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i
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
XU'V, on this day personally appeared Donald Q. Rohde, President (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 52095 Limited Partnership, a Texas limited
partnership (entity type), and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this Lb day of Har(�,
20 Z .
Notary Public in and for the
State of`f�)(kS ANACRISMVASW¢
t AW, My Ndary 380@#132A1
�.• E*In eAM 1S,2024
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STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
on this day personally appeared Veronica Rohde , Governing Person (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 52092 Limited Partnership, a Texas limited
partnership(entity type), and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this (r day of VA"(h
20 vZ .
ANACRISTINAVASQ=
'• Alf►Notary ID#1324MMI
Notary Public in and for theEon Apd 18,20�L4
State of<C 0 S
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EXHIBIT A
Legal Description of the Licensee's
Property,
Lot 1 R, in Block 1, of W.R. Loving Addition to the City of Fort Worth, Tarrant County,
Texas, according to the snap or Plat there of recorded in Cabinet A, Slide 7959, Plat records,
Tarrant County, Texas.
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D222084782 Page 14 of 26
EXHIBIT B
Depiction of the Public Property
I
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cAUH•. Mary Louise Nicholson
• t'S Z7�., I do hereby certify that this is a true and correct copy of the original record Tarrant County Clerk
t now on file in the Official Public Records of Tarrant County,Texas.
Digitally signed Y
F � To verify the authenticity of this copy please visit: a, �by Mary Louise Nicholson
�.,�* +•;f htips://tarrant.tx.publicsearch.us/verifycert/8ePGjjHZ Date:2022.02.15
. * .• 07:56:26-06:00
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TARRANT COUNTY
BETSY PRICE 100 E.Weatherford Street TOM SPENCER
Fort Worth, Texas 76196-0301 Chef Deputy
817-884-1100
TAX CERTIFICATE FOR ACCOUNT:00005823854 DATE: 1 111 5/2 00 2 PAGE 1 OF 1
AO NUMBER: 24345-1-1 FEE,510.00
CERTIFICATE NO: 35566754 PROPERTY DESCRIPTION
COLLECTING AGENCY LOVING,W R ADDITION
BETSY PRICE BLK 1 LOT 1
PO BOX 961018
FORT WORTH TX 76161-0018
0011320 MOSIER VALLEY RD
1.1769 ACRES
REQUESTED BY
FULTZ FAMILY PARTNERS, PROPERTY OWNER
FULTZ FAMILY PARTNERS,
3301 HOUSE ANDERSON RD
EULESS TX 760402001 3301HOUSE ANDERSON RD
EULESS TX 760402001
This Is to certify that the ad valorem records of the Tarrant County Tax Assessor-Collector reflect the tax,interest,and other
statutory fees that have been assessed and are now due to the taxing entities and for the years set out below for the described
property herein. The Tarrant County Tax Assessor-Collector makes no certification as to the amount of tax,penalty,interest,
or other fees assessed by or due any taxing entity for the year or years for which the Tarrant County Tax Assessor-Collector
did not have the statutory duty to collect or keep records of such collection. Additional taxes may became due on the
described property,which are not reflected herein, If the said described property has or is receiving any special statutory
valuations that may trigger tax rollback provisions. This certificate applies to ad valorem taxes only and does not apply to any
special assessment levies.
YEAR TAX UNIT AMOUNT DUE
2002 CITY OF FORT WORTH 3,536.29
2002 HURST-EULESS-BEDFORD ISO 6.998.59
2002 JPS HEALTH NETWORK 950.10
2002 TARRANT COUNTY 1.114.03
2002 TARRANT COUNTY COLLEGE 569.81
2002 1 TARRANT REGIONAL WATER DIST. 81.76
TOTAL S13,250.58
ISSUED TO:FULTZ FAMILY PARTNERS,
ACCOUNT NUMBER: 00DO5823854
TOTAL CERTIFIED TAX: $13,250.58
BY: TARRANT COUNTY TAX OFFICE
BY vt' ARRANT COUNTY TAX OFFICE
THERE ARE NO.DELINQUENT
TAXES ON THIS ACCOUNT
TAXES DUE WILL BECOME
DELINQUENT ON FEB 1 '
arvicFn tnnr,
D222084782 Page 16 of 26
• .� .• Mary Louise Nicholson
I do hereby certify that this is a true and correct copy of the original record Tarrant County Clerk
_ t now on file in the Official Public Records of Tarrant County,Texas.
= Y Digitally signed
q� To verify the authenticity of this copy please visit: k „�• by Mary Louise Nicholson
df htt s//terrant.tx. ublicsearch.us/verif cert/8ePG'HZ e Dale:2022.02.15
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,D202338053
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D222084782 Page 17 of 26
EXHIBIT C
Depiction and description of the Encroachment
I
Tier II Easement Encroachment Agreement Page 14 of 16
Revised 11/2020
D222084782 Page 18 of 26
EXHIBIT "A"
30' RIGHT-OF-WAY DEDICATION z
CAB. SL. 7959 MOSIER VALLEY ROAD IL
P.R.R.T.C.T. a
Ld
ASPH
(VARIABLE WIDTH RIGHT-OF-WAY) N
PVMT N
SN TRUCK TESCO EASEMENT
CROSSING (NO WIDTH GIVEN) CONC
5/8" IRF N0029 53"W VOL. 1675, PG 1 PVMT 1/2" IRF
D.R.T.C.T. (CM) Q
3.00' N89'13'15"E 261.58' z
PPLP /2" IRS E O
s •WER• �� z METAL FENCE
BEGINNI G
N24 53'16"W '� I N89'30'07'E
I'v 22.76' 0.60' — U
W I z
v METAL FENCE
Z I W
Y 20' BUILDING LINE p
VOL. 388-185, PG. 185
z P.R.T.C.T. N
10' U11UTY EASEMENT PON7
Ix
CAB. A. SL. 7959 Q
P.R.T.C.T, j �,3 m
I 1'.1�, I
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gl O
4� 00 0 �
o r p o LOT 1 R. BLOCK 1
9 �`D °'' W.R. LOVING ADDITION Q o
" CAB. A. SL. 7959 0
P.R.T.C.T. t�
N Fv- n ") ''� HMD REAL ESTATE, LLC rn co
INST. No. D211190971 o I
a o f O.P.R.T.C.T. 051
ozo o
o o L-ONNG 94*
cu z \'OLOAM t,ACT Na
EASEMENT AO
W I ENCROACHMENT 11320 MOSIER VALLEY ROAD
84 SQ. FT. 1-STORY ROCK/BRICK
Y & METAL BUILDING
z
z
a 10' BUILDING LINE
10' UTILITY EASEMENT VOL. 388-185, PG. 185 0 30
VOL. 388-185, PG. 61 P.R.T.C.T.
P.R.T.C.T.
527'08'04"W PP
20.30' j ❑nc x ❑Ac vac ❑Ac
• S89'.30'07pW 1/"- IRS
I 1/2 IRF 0.60 OVERHANG
-- S89'13'15"W 261.58' PP
METAL FENCE
* L E G E N D * ASPH V NE STREET
CM CONTROLLING MONUMENT PVMT (VARIABLE WIDTH RIGHT-OF-WAY)
IRF IRON ROD FOUND
= IRS IRON ROD SET W/YELLOW CAP
M "WIER & ASSOC INC"
® ENCROACHMENT AREA
s lmSURVEYOR PREPARING THIS EXHIBIT: EASEMENT ENCROACHMENT
imm & ASSOCIATES, INC. CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
2201 E. LAMAR BLVD., SUITE 200E ARUNGTON, TEXAS 76006 METRO (817)467-7700
Texas Firm Registration No, F-2776 www.VerAssociates.com 1"1 BY:Al SHEET NO. 1 OF 2 REV.
' Texas Board of Professional Land Surveying Registration No, 10033900 IAPPROVD:ALS
D222084782 Page 19 of 26
EXHIBIT "A"
z
FIELD NOTES - DESCRIPTION a
EASEMENT ENCROACHMENT N
I
BEING A TRACT OF LAND LOCATED IN THE WILLIAM R. LOVING SURVEY, ABSTRACT No. 944,
TARRANT COUNTY, TEXAS, BEING A PORTION OF LOT 1R, BLOCK 1, W.R. LOVING ADDITION, a
AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, ACCORDING TO THE z
PLAT RECORDED IN CABINET A, SLIDE 7959, PLAT RECORDS, TARRANT COUNTY, TEXAS 0
s (P.R.T.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS o
FOLLOWS:
z
0
BEGINNING AT A POINT, BEING THE NORTHWEST CORNER OF A BUILDING, FROM WHICH A x
1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC INC" BEARS N 24'53'16" W, z
I 22.76 FEET, SAID IRON ROD BEING THE NORTHWEST CORNER OF SAID LOT 1R; z
0
THENCE N 89'30'07" E, ALONG THE NORTH LINE OF SAID BUILDING, 0.60 FEET TO A POINT
IN THE EAST LINE OF A 10' UTILITY EASEMENT AS SHOWN ON SAID PLAT RECORDED IN
CABINET A, SLIDE 7959, P.R.T.C.T.; m
THENCE S 00'29'53" E, DEPARTING THE NORTH LINE OF SAID BUILDING AND THE ALONG
THE EASE LINE OF SAID UTILITY EASEMENT, 140.28 FEET TO A POINT IN THE SOUTH LINE
OF SAID BUILDING;
THENCE S 89'30'07" W, DEPARTING THE EAST LINE OF SAID UTILITY EASEMENT AND ALONG
THE SOUTH LINE OF SAID BUILDING, 0.60 FEET TO A POINT, BEING THE SOUTHWEST
CORNER OF SAID BUILDING, FROM WHICH A 1/2" IRON ROD FOUND BEARS S 27'08'04" W,
20.30 FEET, SAID IRON ROD BEING THE SOUTHWEST CORNER OF SAID LOT 1R;
THENCE N 00'29'53" W, ALONG THE WEST LINE OF SAID BUILDING, 140.28 FEET TO THE
PLACE OF BEGINNING AND CONTAINING 84 SQUARE FEET OF LAND, MORE OR LESS.
0
M
N
OF
� P.•ots rfp.,+
AARON L STRINGFE1101N
6373
S S 50=: 0
SUR`I�'
NOTES: • - --~�
(1) ALL BEARINGS SHOWN HEREON ARE CORRELATED TO THE TEXAS STATE PLANE
COORDINATE SYSTEM, NORTH CENTRAL ZONE 4202, NAD OF 1983, AS DERIVED BY FIELD
o OBSERVATIONS UTILIZING THE RTK NETWORK ADMINISTRATED BY ALLTERRA CENTRAL, INC.
(2) THIS EXHIBIT WAS PREPARED WITHOUT BENEFIT OF A CURRENT TITLE COMMITMENT.
(3) THIS SURVEY WAS MADE ON THE GROUND ON JUNE 29, 2021 UNDER THE DIRECT
SUPERVISION OF AARON L. STRINGFELLOW, R.P.L.S. NO. 6373.
SURVEYOR PREPARING THIS EXHIBIT: EASEMENT ENCROACHMENT
s WIIA & ASSOCIAT■S, INC. CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
2201 E. LAMAR BLVD., SUITE 200E ARLINGTON, TEXAS 76006 METRO (817)467-7700
�+ Texas Firm Registration No. F-2776 www.tYerAssoclotes.com DRAMA BY:ALS SHEET NO. 2 OF 2 REV.
' Texas Board of Professional Land Surveying Registration No. 10033900 1 APPROVED:ALS
D222084782 Page 20 of 26
EXHIBIT D
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 15 of 16
Revised 11/2020
D222084782 Page 26 of 26
EXHIBIT "E"
Franchise Consent Letters
I
Tier II Easement Encroachment Agreement Page 16 of 16
Revised 11/2020
D222084782 Page 21 of 26
A111111
�■MOS Atmos Energy
energy 2000 Reliance Parkway
Bedford,Texas 76021
Greg Zylka
Office:817-685-1257 X1313
FAX:817-685-1295
Donnie Rohde
Tarrant Commercial Real Estate Services LLC
1349 W Hurst Blvd.
Hurst, TX 76053
March 4, 2022
Re: Request for Utility Encroachment
Location: Property located at 11320 Mosier Valley,Euless, TX 76040
This letter is to confirm that Atmos Energy has no objection to the encroachment on the
Utility Easement located at Lot 1R, Block 1, W.R. Loving Addition, Cab. A., SL. 7959,
P.R.T.C.T.
If you have questions, please contact me.
Sincerely,
(��l A-�4--
Greg Zylka
Project Specialist
D222084782 Page 22 of 26
AT&T
AT&T Right-of-Way
13845 FAA Blvd.
Fort Worth,TX 76155
March 1,2022
Donnie Rohde
52095 Limited Partnership
1349 W Hurst Blvd
Hurst,TX 76053
RE: AT&T Letter of No Objection—Building Encroachment
W.R. Loving Addition—Lot 1R,Block 1—D221292674
Fort Worth,Tarrant County,Texas
Mr.Rohde,
Southwestern Bell Telephone Company,d/b/a AT&T Texas,has no objections to the
encroachment of the existing building into the utility easement on the property at 11320 Mosier
Valley Rd,Euless,TX 76040.
It is not the intent of this letter to waive any rights granted to AT&T in said platted utility
easements or right-of-way except to permit this encroachment. AT&T shall continue to have
unrestricted access to,on and across the easement/right-of-way for installation,repairs,
replacement,or upgrades to facilities.
There could be overhead and/or underground facilities within the area. Exercise extreme caution
with respect to such facilities. Contact Texas811 for underground locates before any digging is
done. Costs of any damages to facilities would be at your expense.
Please let me know if you have any questions or concerns.
Sincerely,
e�- /, 9- �C]d!4�
Ray A.Garcia
AT&T—Manager OSP Planning& Engineering Design I Right-of-Way
817.550-7576
ray.garciaO att.com
D222084782 Page 23 of 26
Spectrum►
03/02/2022
Donnie Rohde
Tarrant Commercial Real Estates Service LLC
1349 W Hurst Blvd
Hurst,TX 76053
SUBJECT: Encroachment of 11320 Mosier Valley, Fort Worth,TX 76040
Spectrum Communications hereby grants a 6" encroachment of building into a portion of the 10' front
General Utility Easement associated with the property located at 11320 Mosier Valley within the City of
Fort Worth,Texas 76040. Spectrum Communications reserves the right to have access to any applicable
utility easements on the property for the purpose of future construction or maintenance. The owner
and/or lessee of said property may also be responsible for the relocation/removal of any structure
interfering with access to these easements, if necessary.
Spectrum Communications currently has no facilities within this easement. If it has not already taken
place, please call 1-800-DIG-TESS to have facilities marked and located within affected easements before
any excavations are started.
For future reference, please send all utility coordination,abandonments, encroachments, plat
signatures,or serviceability requests,or notices of relocation to west-engineering-relo@Spectrum.com.
Please share this information with whoever needs these services.
Sincerely,
Marla Collier
Business Development Specialist
Spectrum Communications
D222084782 Page 24 of 26
From: Rodgers.Budd
To: Donnie Rohde
Subject: RE:Encroachment Consent needed for 11320 Mosier Valley, Fort Worth
Date: Wednesday,February 16,2022 3:32:03 PM
Attachments: Encroachment Exhibit.odf
Good afternoon Mr. Rohde.
Please allow this email to serve as Oncor's consent to the encroachment of the Public Utility
easement as You have described at 11320 Mosier Valley, FW and shown on the attached Exhibit.
This encroachment does NOT impact any of our Oncor facilities and will not interfere in Oncor's
operations.
Thank you for consulting Oncor in this situation.
Sincerely,
Budd Rodgers
BUDD RODGERS, SR/WA
Distribution Right of Way Agent, Senior
Oncor/Distribution Support
109 Crestwood Lane
Springtown, TX 76082
817-443-3434 (0)
432-234-9052 (M)
Buddy.Rodgers(@oncor.com
From: Donnie Rohde [mailto:donniePtarrant rrooperties.com]
Sent:Wednesday, February 16, 2022 3:01 PM
To: Rodgers, Budd <Buddy.RodgersPoncor.com>
Subject: Encroachment Consent needed for 11320 Mosier Valley, Fort Worth
Budd-
I have recently purchased a property and afterwards found that my building encroaches 6" into the
utility easement. You will also notice on the exhibit I have attached,there are other improvements
also constructed in the easement which actually extend into the neighboring property. These
improvements are old non function air conditioning systems and they will be removed altogether,
including the concrete they sit on.
The building was permitted, constructed and issued an occupancy permit in 2003...not sure how this
wasn't discovered then. Can you send me an email or letter giving me consent for the building
encroachment?
D222084782 Page 25 of 26
Donnie Rohde
52095 Limited Partnership
1349 W Hurst Blvd.
Hurst,TX 76053
(817)521-5989
https•//www trec texas gov/forms/information-about-brokerage-services
PLEASE READ: Texas law requires all real estate licensees to give the above Information About
Brokerage Services(IABS)to prospective buyers,tenants, sellers and landlords
WARNING:This email message did not originate from Oncor and is from an external organization. DO NOT
CLICK links or attachments unless you recognize the sender and are certain the content is safe.
Confidentiality Notice: This email message, including any attachments, contains or may
contain confidential information intended only for the addressee. If you are not an intended
recipient of this message,be advised that any reading, dissemination, forwarding,printing,
copying or other use of this message or its attachments is strictly prohibited. If you have
received this message in error, please notify the sender immediately by reply message and
delete this email message and any attachments from your system.
EXHIBIT B,REVISED
CERTIFICATE OF INSURANCE
Encroachment Assignment Agreement Page 8 of 8
Rev 04/2020
DESCRIPTIONS (Continued from Page 1)
Texas Waiver of Our Right to Recover From Others Endorsement-WC420304B
Umbrella is follow form.
Named Insured Continues To Read:Victoria Partners, LLC
Re: 11320 Mosier Valley Rd., Fort Worth,TX 76040
SAGITTA 25.3(2016/03) 2 of 2
#S1494641/M1493062