HomeMy WebLinkAboutContract 53591-T1 Date Received: 09/30/2022 Permit Number: PN22-00018
Time Received: 9:00 am City Secretary No.: 53591-T1
TERMINATION OF ENCROACHMENT LICENSE AGREEMENT
This TERMINATION OF ENCROACHMENT LICENSE AGREEMENT
("TERMINATION") is made and entered into by and between the CITY OF FORT WORTH
("City"), a Texas home rule municipal corporation of Tarrant County, Texas, acting herein by
and through its duly authorized City Manager, Assistant City Manager, or Development Services
Department Director, and Fort Worth Everman/Risinger Development, LLC ("Licensee"), a
Texas limited liability company, acting herein by and through its duly authorized representative.
RECITALS
WHEREAS, City and Licensee made and entered into City Secretary Contract No. 53591
(the "Agreement"), on the 28th day, of February, 2020, to authorize Licensee's encroachment
upon the City's sanitary sewer easement (the "Easement") for the purpose of a private storm
drain crossing a public sanitary sewer facility and a private storm crossing a public drainage
easement(the"Encroachment"),which as;
recorded the 4th day of March, 2020, as Instrument No. D220052286 in the Real Property
Records of Tarrant County,Texas;
WHEREAS, City and Licensee amended the Agreement under that certain First
Amendment to City Secretary Contract No. 5351, Easement Encroachment License Agreement,
further known as City Secretary Contract No. 53591-Al (the "Amendment"), on the 17th day of
July,2020,to authorize Licensee's additional encroachment upon the Easement for the purpose of a
installation of a private retaining wall (the "Additional Encroachment", together with the
Original Encroachment,the"Encroachments"),
recorded the 20th day of July, 2020, as Instrument No. D220172515 in the Real Property
Records of Tarrant County, Texas; and
WHEREAS, Licensee subsequently subdivided the Property, as defined within the
Agreement, and the portion of the Property containing the Encroachment is located on what is now
Lot 3 and 4, Block I of the Southland Business Park Addition (the "Subdivided Property"),
pursuant to that certain Final Plat dated the 8th day of July, 2020, recorded as Instrument No.
D221096682 in the Real Property Records of Tarrant County,Texas;and
WHEREAS,Licensee has now conveyed the Property,to EVERMAN FORT WORTH
BUILDING 4 SPE,LLC,a Delaware limited liability company(the"New Owner"),pursuant to that
Revised 03/09/2022 WB OFFICIAL RECORD 7
CITY SECRETARY
FT.WORTH, TX
special warranty deed,recorded the 2nd day of August,2021,recorded as Instrument No.
D221221710 in the Real Estate Property Records of Tarrant County,Texas;and
WHEREAS, due to the subdivision of the Property,the City and Licensee,to ensure clarity
in the deed records,would now like terminate the Agreement and City will subsequently enter into a
new encroachment agreement with the New Owner
WHEREAS,the parties now wish to terminate the Agreement.
NOW, THEREFORE, City and Licensee, acting herein by and through their duly
authorized representatives, enter into the following agreement:
1.
The Agreement is hereby terminated effective onSeptember 26, 2022)
2.
Notwithstanding anything to in the Agreement to the contrary, including, but not limited to
Section 17 of the Agreement,the parties hereby agree that none of the terms of the Agreement shall
survive this termination.
Revised 03/09/2022 WB Page 2 of 7
City: Licensee:
CITY OF FORT WORTH FORT WORTH EVERMAN/RISINGER
DEVELOPMENT,LLC,
a Texas limited liability company
By:Majestic Everman Investor,LLC,
a Delaware limited liability company,
its managing member
�Vroy�
By:Majestic Realty Co., IGJ
a California corporation,
manager's agent
By:DJ Harrell(Sep 26,202210:18 CDT) B
D.J.Harrell,Director of the Edward J. Roski,Jr.,President and
Development Services Department Chairman of the Board
Date: Sep 26, 2022 Date: 7/25/22-
ATTEST: Approved As To Form and Legality
.7aeede g S 6XW911 Ill
Jannette S.Goodall(Sep 29,202214:46 CDT) 2
Jannette Goodall, Thomas Royce Hansen
City Secretary Assistant City Attorney
Date: Sep 29, 2022 Date: Sep 26, 2022
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�aa�TEAsbOAY Contract Compliance Specialist:
n�na��4 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.
Naj'f Tilly on behalf of
Matt Tilly on behalf of(Sep 26,2022 09:46 CDT)
Janie S.Morales
p
Date:
Se 26, 2022 Development Manager
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Revised 03/09/2022 WB Page 3 of 7
CITY ACKNOWLEDGEMENT
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 26th-_ day of_September , 2022.
Wendy L. Digitally signed by Wendy L.
Beardslee
=�pRYP WENDY L BEARDSLEE Beardslee Date:2022.09.26 13:08:59-05'00'
Notary Public
* * STATE OF TEXAS Notary Public, State of Texas
Notary I.D. 13323719-3
9TFOF� My Comm. Exp. July 28, 2025
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Revised 03/09/2022 WB Page 5 of 7
ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA )
ss:
COUNTY OF LOS ANGELES )
On J U 1,`1 2 S* 2022, before me, DA N 1155 WA 6j Af2C I A , Notary Public,
personally appeared Edward R.Roski Jr.,who proved to me on the basis of satisfactory evidence to be the
person whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the entity upon behalf of
which the person acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signa ire of Notary Public
40my
DANIELLAGARCIA
Notary Public•CaliforniaLos Angeles CountyCommission M 232931i2241
Comm.Expires Jul 17,
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Revised 03/09/2022 WB Page 4 of 7
Original Executed Agreement
Attached
Revised 03/09/2022 WB Page 7 of 7
E� CITY SECRETARY G
R�G�\2�o2p CONTRACT N0. 5 3 J
►,dam woR�
co�S�Q�pA� EASEMENT ENCROACHMENT LICENSE AGREEMENT
Commercial
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
Planning and Development Director, and FORT WORTH EVERMAN/RISINGER
DEVELOPMENT, LLC, a limited liability company ("Licensee"), owner of the real
property located at 273 W. Everman Parkway, Fort Worth, Texas 76140 ("Property"),
acting by and through its duly authorized representative.
RECITALS
WHEREAS, Licensee is the owner of certain real property situated in the City of
Fort Worth, Tarrant County, Texas, more particularly described in the attached Legal
Description of the Property, attached as "Exhibit C" and incorporated herein for all
purposes; and
WHEREAS, the City has a sanitary sewer easement (the "Easement") in the
Property as shown on the map attached to this Agreement as "Exhibit A," which is
incorporated herein for all purposes; and
WHEREAS, Licensee desires to construct, place, and/or maintain certain
improvements which will encroach in, on, above, or below the City's 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:
AGREEMENT
1.
The City, in consideration of the payment by the 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 Easement as described in and at the location shown on Exhibit A, but
only to the extent shown thereon, for the purpose of(1) private storm drain crossing a
public sanitary sewer facility and (2) private storm crossing a public drainage
easement (the "Encroachment"). Upon completion of the Encroachment, Licensee
agrees to be responsible for maintaining the Encroachment within the Easement. Licensee
shall not expand or otherwise cause the Encroachment to further infringe in or on City's
Easement beyond what is specifically described in the exhibit(s) attached hereto.
",,-JAL RECORD
RETARY
Easement Encroachment Agreement-Commercial Page 1.9
Revis�'ed'12/2o 8 '
2.
All construction,maintenance,or operation in connection with such Encroachment,
use, and occupancy shall comply and be performed in strict compliance with this
Agreement and with the Charter, Ordinances, and Codes of the City, and in accordance
with the directions of the Director of the Transportation and Public Works Department or
the Director of the Water Department,or their duly authorized representative. Prior to the
construction of the Encroachment,Licensee shall submit all plans and specifications to the
applicable Director or duly authorized representative. Licensee shall not commence
construction of the Encroachment until such approval shall be indicated in writing by the
applicable Director or authorized representative. However, such approval shall not relieve
Licensee of responsibility and liability for concept, design, and computation in the
preparation of such plans and specifications.
3.
Licensee, at no expense to the City, shall make proper provisions for the relocation
and installation of any existing or future sanitary sewer improvements affected by such
Encroachment, use, and occupancy, including securing the approval and consent of the
appropriate utility companies and agencies of the State and its political subdivisions. In
the event that any installation, reinstallation, relocation, or repair of any existing or future
sanitary sewer 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, Licensee shall pay to the City an additional amount equal to
such additional cost as reasonably determined by the Director of Transportation and Public
Works or the Director of the Water Department, or their duly authorized representative.
4.
Licensee agrees that the City may enter and utilize the Easement at any time for the
purpose of installing, repairing, replacing, or maintaining improvements to its public
sanitary sewer facilities necessary for the health, safety, and welfare of the public. The
City shall bear no responsibility or liability for any damage or disruption or other adverse
consequences resulting from the Encroachment installed by Licensee(except when caused
by the City's sole negligence), provided, the City (i) for the initial installation and for
subsequent replacements for which construction plans are required, gives Licensee notice
pursuant to Section 8 and a reasonable opportunity to review the plans and specifications
prior to commencement of construction; (ii) gives Licensee reasonable notice of intent to
perform work within the Easement, except in emergencies where such notice is not
feasible;and(iii)makes reasonable efforts to minimize such damage.
Easement Encroachment Agreement-Commercial Page 2 of 13
Revised 12/2018
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 Easement to a condition
acceptable to the Director of Transportation and Public Works or the Director of the Water
Department,or their duly authorized representative, in accordance with then-existing City
specifications. It is understood and agreed to by Licensee that if this Agreement terminates
and Licensee fails to remove the Encroachment as directed and restore the Easement,
Licensee hereby gives the City permission to remove the Encroachment and any supporting
structures and 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
encroachments and uses provided for by this Agreement, Licensee agrees to pay to City at
the time this Agreement is requested an application fee of in the sum of Five Hundred
Dollars($500.00).
7.
The Initial Term of this Agreement shall be for thirty(30) years, commencing on
the date this Agreement is executed by the City. Upon expiration of the Initial Term,the
Agreement shall renew automatically under the same terms and conditions for two (2)
additional thirty(30)-year renewal periods unless terminated earlier in accordance with this
Agreement. This Agreement may be terminated upon Licensee's noncompliance with any
of the terms of this Agreement. City shall notify Licensee in writing of any noncompliance
and if not cured within thirty(30)days,this Agreement shall be deemed terminated,unless
such noncompliance is not susceptible to cure within thirty (30) days, in which case this
Agreement shall be deemed terminated in the event that Licensee fails to commence and
take such reasonable steps as are necessary to remedy the noncompliance within thirty(30)
days after written notice specifying the same, or having so commenced, thereafter fails to
proceed diligently and with continuity to remedy same.
8.
Any notices, certifications, approvals, or other communications required to be
given by one Party to another under this Agreement(a"Notice") shall be given in writing
addressed to the Party to be notified at the address set forth below and shall be deemed
given: (i)when the Notice is delivered in person to the person to whose attention the Notice
is addressed; (ii) when received if the Notice is deposited in the United States Mail,
certified or registered mail, return receipt requested, postage prepaid; or (iii) when the
Notice is delivered by Federal Express, UPS, or another nationally recognized courier
service with evidence of delivery signed by any person at the delivery address.If any dated
Easement Encroachment Agreement-Commercial Page 3 of 13
Revised 12/2018
or period provided in this Agreement ends on a Saturday, Sunday, or legal holiday, the
applicable period for calculating notice shall be extended to the first business day following
the Saturday, Sunday, or legal holiday. For the purpose of giving any Notice, the addresses
of the Parties are set forth below. The Parties may change the address set forth below by
sending Notice of such changes to the other Party as provided in this section.
To the City:
City of Fort Worth, Texas
200 Texas Street
Fort Worth,Texas 76102
Attn: City Manager
City of Fort Worth, Texas
200 Texas Street
Fort Worth, Texas 76102
Attn: Water Director
(Notice to Building Official required for notice of cancellation or amendment of
insurance policy under Section 10 only)
City of Fort Worth, Texas
200 Texas Street
Fort Worth, Texas 76102
Attn: Building Official
To Licensee:
Fort Worth Everman/Risinger Development, LLC
131 E. Exchange Avenue, Suite 212
Fort Worth, Texas 76164
Attn: Kyle Valley
With a cop„yto:
Pope, Hardwicke, Christie, Schell,Kelly &Taplett,L.L.P.
500 West 7th Street, Suite 600
Fort Worth,Texas 76102
Attn: Marcella Olson
Easement Encroachment Agreement-Commercial Page 4 of 13
Revised 12/2018
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 HIND 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, EXCEPT THAT THE INDEMNITY PROVIDED FOR
IN THIS SECTION SHALL NOT APPLY TO ANY LIABILITY RESULTING
FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS, AGENTS,
EMPLOYEES,OR CONTRACTORS;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 it has secured and paid for a
policy of public liability insurance covering all public risks related to the proposed use and
occupancy of the Easement as located and described in Exhibit A. 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 in accordance with City's generally applicable,
commercially reasonable requirements 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 B"and incorporated herein for all purposes. Licensee agrees to submit a similar
Certificate of Insurance annually to the City on the anniversary date of the execution of
this Agreement.
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 the cleaning and restoration
Easement Encroachment Agreement-Commercial Page 5 of 13
Revised 12/2018
of the Easement. 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 Tarrant County, Texas. 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 uses.
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
Easement and is not a conveyance of any right,title, or interest in or to the Easement,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.
Easement Encroachment Agreement-Commercial Page 6 of 13
Revised 12/2018
16.
In any action brought by the City for the enforcement of the obligations of the
Licensee, the 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 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]
Easement Encroachment Agreement-Commercial Page 7 of 13
Revised 12/2018
City: Licensee:
CITY OF FORT WORTH FORT WORTH EVERMAN/RISINGER
DEVELOPMENT,LLC,
a Texas limited liability company
By: Majestic—Everman Investor, LLC,
a Delaware limited liability company,
its Managing Member
By: Majestic Realty Co.,
a California corporation,
Manager's Agent
By: By:
D.1.Harrell,Director Name: EDWARD P. ROSKI, ,)R.
President and Chairman of the Board
Planning& evelopmet Title:
Date: Z A--v Date:
titi
r�
ATTEST: C)R Approved As To Form and Legality
City Secretary j{p,4, Matt Murray
Assistant City Attorney
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this ontract, including ensuring all performance
and eporting requirements.
Janie S.Morales
Development Manager
-0adi`+
CITY SEc:RE-TBARy
Easement Encroachment Agreement-Commercial Page$of 13
--Ri vised 12/2415 - - _
1 ' / M!A11 111 1
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 7— day of
tuck ,2020_.
WAm Pat,jW �
Notary Public in and for the State of Texas ��YP LAURIE PEOUENO LEWIS
=Notary Public,State of Texas
jec Comm.Expires 12-10-2023
Notary ID 132278952
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth,Texas 76102
OFFICIAL RECURD..
CITY'SECRETARY
Easement Encroachment Agreement-Commercial fej lW>3i yH TX
F X
2020
s.
STATE OF CALIFORNIA §
COUNTY OF LOS ANGELES §
On n�Q ru �T , 2020, before me, Lleld6L J fej., a Notary
Public, personally appeared EDWARD P. ROSKI, JR., who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity, and that by
his signature on the instrument, the person, or the entity upon behalf of which the person
acted, executed the instrument.
I certify under PENALTY OF PERFJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
LINDAJ.CASEY
Notary Public-California
Los Angeles County 9
Commission#2274574
My Comm.Expires Feb 3,2023
(Not ignature)
OFFICIAL.RECOW"
CITY SECRETARY
FT.WORTH, TX, ;�
Easement Encroachment Agreement-Commercial Page 10 of 13
Revised 12/2018
EXHIBIT A
Map of Easement and Encroachment
Easement Encroachment Agreement-Commercial Page 11 of 13
Revised 12/2018
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LEGAL DESCRIPTION
TRACT 1
BEING a 300 square foot (0.0069 acre) tract of land situated in the James J. Scott Survey, Abstract No. 1449, City
of Fort Worth, Tarrant County,Texas; said tract being part of that tract of land described in Special Warranty Deed to
Fort Worth Everman/Risinger Development, LLC described in Instrument No. D217118440, Official Public Records
of Tarrant County, Texas; said tract being more particularly described as follows:
COMMENCING at a 1/2-inch iron rod found for the southwest corner of Lot 1, Block 1 Payless Cashways No. 1, an
addition to the City of Fort Worth, Texas according to the plat recorded in Volume 388-76, Page 24, Plat Records of
Tarrant County,Texas;
THENCE North 0°20'38" West, along the west line of said Lot 1, a distance of 58.28 feet to a point; from said
point a 5/8-inch iron rod with cap stamped "CARTER & BURGESS" found bears North 02e34'53" West, a
distance of 217.30 feet;
THENCE departing the said west line of Lot 1, South 89e33'09"West,a distance of 409.02 to a point;
THENCE South 0°26'51" East, a distance of 35.00 feet to the POINT OF BEGINNING;
THENCE the following four(4)calls:
South 0°26'51" East,a distance of 15.00 feet to a point for corner;
South 89°33'09"West, a distance of 20.00 feet to a point for comer;
North 0°26'51"West, a distance of 15.00 feet to a point for corner;
North 89°33'09" East, a distance of 20.00 feet to the POINT OF BEGINNING and containing 300 square feet
or 0.0069 acres of land.
TRACT 2
BEING a 412 square foot (0.0095 acre) tract of land situated in the James J. Scott Survey, Abstract No. 1449, City
of Fort Worth, Tarrant County,Texas; said tract being part of that tract of land described in Special Warranty Deed to
Fort Worth Everman/Risinger Development, LLC described in Instrument No. D217118440, Official Public Records
of Tarrant County, Texas; said tract being more particularly described as follows:
COMMENCING at a 1/2-inch iron rod found for the southwest corner of Lot 1, Block 1 Payless Cashways No. 1, an
addition to the City of Fort Worth, Texas according to the plat recorded in Volume 388-76, Page 24, Plat Records of
Tarrant County,Texas;
THENCE North 0°20'38" West, along the west line of said Lot 1, a distance of 58.28 feet to a point; from said
point a 5/8-inch iron rod with cap stamped "CARTER & BURGESS" found bears North 02034'53" West, a
distance of 217.30 feet;
THENCE departing the said west line of Lot 1, South 89°33'09"West, a distance of 607.02 to a point;
THENCE South 0e26'51" East, a distance of 35.00 feet to the POINT OF BEGINNING;
C EASEMENT ENCROACHMENT
CONTINUED ON SHEET 2
JAMES J. SCOTT SURVEY,
ABSTRACT NO. 1449
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
Ki He Horn
801 Cherry Street,Unit 11.k 1300 Tel.No.(817)335-6511
Fort Worth,Texas 76102 FIRM#10194040 WW W.kWmley-hom.com
Sale Drown by I Checked by Oa(o Protect No. Sheet No,
N/A JBH MCB 12/6/2019 061282615 1 OF 7
HOPPER,RRADIN 121612019 10:10 AM K:\FTW SURVEYW61282616-FORT WORTH SOUTH-WATT&DWG\0612B2615-FORT WORTH SOUTH-WATTS EX_ESMT ENC1_2.DWG
LEGAL DESCRIPTION (CONTINUED)
THENCE the following four(4)calls:
South 0°26'51" East, a distance of 15.00 feet to a point for corner;
South 89033'09"West, a distance of 27.5 feet to a point for corner;
North 0°26'51"West, a distance of 15.00 feet to a point for corner;
North 89°33'09" East, a distance of 27.50 feet to the POINT OF BEGINNING and containing 412 square feet
or 0.0095 acres of land.
TRACT 3
BEING a 300 square foot (0.0069 acre)tract of land situated in the James J. Scott Survey, Abstract No. 1449, City
of Fort Worth, Tarrant County, Texas; said tract being part of that tract of land described in Special Warranty Deed to
Fort Worth Everman/Risinger Development, LLC described in Instrument No. D217118440, Official Public Records
of Tarrant County, Texas; said tract being more particularly described as follows:
COMMENCING at a 1/2-inch iron rod found for the southwest corner of Lot 1, Block 1 Payless Cashways No. 1, an
addition to the City of Fort Worth,Texas according to the plat recorded in Volume 388-76, Page 24, Plat Records of
Tarrant County,Texas;
THENCE North 0e20'3B" West, along the west line of said Lot 1, a distance of 58.28 feet to a point; from said
point a 5/8-inch iron rod with cap stamped "CARTER & BURGESS" found bears North 02°34'53" West, a
distance of 217.30 feet;
THENCE departing the said west line of Lot 1, South 89e33'09"West, a distance of 805.02 to a point;
THENCE South 0°26'51" East,a distance of 35.00 feet to the POINT OF BEGINNING;
THENCE the following four(4)calls:
South 0"26'51" East, a distance of 15.00 feet to a point for comer;
South 89°33'09"West, a distance of 20.00 feet to a point for corner;
North 0°26'51"West, a distance of 15.00 feet to a point for comer;
North 89°33'09" East, a distance of 20.00 feet to the POINT OF BEGINNING and containing 300 square feet
or 0.0069 acres of land.
TRACT 4
BEING a 300 square foot(0.0069 acre) tract of land situated in
the James J. Scott Survey, Abstract No. 1449, City of Fort
Worth, Tarrant County, Texas; said tract being part of that tract
of land described in Special Warranty Deed to Fort Worth
Everman/Risinger Development, LLC described in Instrument
No. D217118440, Official Public Records of Tarrant County,
Texas; said tract being more particularly described as follows:
EASEMENT ENCROACHMENT
CONTINUED ON SHEET 3
JAMES J. SCOTT SURVEY,
ABSTRACT NO. 1449
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
Kimlley* Horn
$01 Cherry Streal,UNI 11,AA%30 Tel.No. 017j 305b511
FM Worth,Taxes 76102 HNA111101940A0 W.YJ.AITI�oy 1i3M.CoM
SM10 I rly"M bV Qleckell by 11 le ncl N f shmat No.
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LEGAL DESCRIPTION (CONTINUED)
COMMENCING at a 1/2-inch iron rod found for the southwest corner of Lot 1, Block 1 Payless Cashways No. 1, an
addition to the City of Fort Worth, Texas according to the plat recorded in Volume 388-76, Page 24, Plat Records of
Tarrant County, Texas;
THENCE North 0020'38" West, along the west line of said Lot 1, a distance of 58.28 feet to a point; from said
point a 5/8-inch iron rod with cap stamped "CARTER & BURGESS" found bears North 02°34'53" West, a
distance of 217.30 feet;
THENCE departing the said west line of Lot 1, South 89033'09"West,a distance of 1072.52 to a point;
THENCE South 0°26'51" East, a distance of 35.00 feet to the POINT OF BEGINNING;
THENCE the following four(4)calls:
South 0926'51" East, a distance of 15.00 feet to a point for corner:
South 89°33'09"West, a distance of 20.00 feet to a point for comer;
North 0°26'51"West, a distance of 15.00 feet to a point for comer;
North 89°33'09" East, a distance of 20.00 feet to the POINT OF BEGINNING and containing 300 square feet
or 0.0069 acres of land.
NOTES:
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone(4202).
A survey plat of even survey date herewith accompanies this metes and bounds description.
The undersigned, Registered Professional Land Surveyor, hereby certifies that foregoing description accurately sets
out the metes and bounds of the encroachment tracts.
EASEMENT ENCROACHMENT
JAMES J. SCOTT SURVEY,
,�p.�� �F T ABSTRACT NO. 1449
ICHAEL C. BILLINGSLEY C.
'' �' CITY OF FORT WORTH,
REGISTERED PROFESSIONAL
* TARRANT COUNTY, TEXAS
LAND SURVEYOR NO.6558
MICHAEL CLEO BILLINGSLEY
801 CHERRY STREET, ............................••UNIT11 SUITE 1300 '• ,0 6558 P�.,:� Ki m l e >>> H o r n
FORT WORTH,TEXAS 76102 q' �oFEgS���''o�
PH. 817-335-6511 'y4 S'u'R y E� Fwt Wo T&xu 6102 M 13 FIRM N 10194040 w."Ainleyban ceyn
michael.billingsley@kimley-horn.eom - Sole !� Chrc 4v1ry Pj,�Jj P(oedlto. `BSI'
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LEGEND — —--—
518"IRFC"CARTER
P.O.C.=POINT OF COMMENCING A BURGESS"(C.M.)
P.O.B.=POINT OF BEGINNING I NORTH
IRF-IRON ROD FOUND
IRFC=IRON ROD WITH CAP FOUND I 0 30 60
C.M.=CONTROLLING MONUMENT
IGRAPHIC SCALE IN FEET
b
LINE TABLE
N`
NO. I BEARING LENGTH
L1 S00°26'51"E 15.00' nl
L2 S89.33'09"W 20.00' zI LOT 1, BLOCK 1
L3 N00°26'51"W 15.00' PAYLESS
PART OF I CASHWAYS NO. 1
L4 N69°33'09"E 20,00' FORT WORTH EVERMAN/
RISINGER DEVELOPMENT,LLC (VOL. 388-76, PG. 24)
(INST. NO. D217118440) I
_ S89'33'09"W 409.02_I
S0'26'51"E-
35.00' L4 (TRACT 1) I w 1 f^ I 58.28'
-- - mzlz
---.---.—.--I i2wUw I 1l2"IRF(C,M.)
U.
PROPOSED FUTURE —� p I
L2 15'SANITARY I I --_+_—
SEWER EASEMENT I a w I P.O.C. --
(BY SEPARATE O w
INSTRUMENT) I a � I (TRACT 1-4) I PART OF
I aw I I I LOT 1R-1, BLOCK 1
0.0069 ACRES I Z m I I LONE STAR
SUBDIVISION
300 SQ. FT.
I I j ! (VOL. 388-123, PG. 58)
1 I
NOTES:
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
the metes and bounds of the encroachment tracts.
EASEMENT ENCROACHMENT
JAMES J. SCOTT SURVEY,
✓Z���i y ,�P'� •�TE••. ABSTRACT NO. 1449
MICHAEL C. BILLINGSLEY CO:' CITY OF FORT WORTH,
REGISTERED PROFESSIONAL *' ��. TARRANT COUNTY, TEXAS
LAND SURVEYOR NO.6558
MICHAEL CLEO BILLINGSLEY
801 CHERRY STREET,
UNIT 11 SUITE 1300 0 6558 Kimlev* Horn
FORT WORTH, TEXAS 76102 <q ��FESS �� o�
41 .....`•'••y 801 Cherry Steal,Unit 11,01 000 TN.No.{817)315-011
PH. 817-335-6511 4 S 8 R E Fort coed,Texas 70102 FIRMA 10194040 qw,v rm!
michael.billingsley@kimley-horn.com
=[;hkcdtj�� 141)
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LEGEND —— ———
5/8"IRFC"CARTER
P.O.C.=POINT OF COMMENCING &BURGESS"(C,M.)
P.O.B.=POINT OF BEGINNING I NORTH
IRF-IRON ROD FOUND
IRFC=IRON ROD WITH CAP FOUND I 0 30 60
C.M.z CONTROLLING MONUMENT
I GRAPHIC SCALE IN FEET
0
LINE TABLE rl
N
NO. I BEARING LENGTH
L5 SOO'26'51"E 15.00' `r'I
L6 S89°33'09'W 27.50' zl LOT 1, BLOCK 1
L7 N00.26'51"W 15.00' PAYLESS
PART OF I CASHWAYS NO. 1
LS N69°33'09'E 27.50' FORT WORTH EVERMAN/
RISINGER DEVELOPMENT, LLC (VOL. 38$-76, PG. 24)
(INST. NO. D217118440) I
S89'33'09"W 607.02' — __
�- P.O.B. � �.�
SO'26'5*Mt�PFR
I-.--r-- 1 NO°20'38"W
3 (TRACT 2) 1 w� 1 58.28'
-- ----------1 �w I 1/2'IRF(C.M.)
_— J ______—,� �OPOSED FUTURE p 15'SANITARY I U) wz I
SEWER EASEMENT I a 3 w I P.O.C. —--
--------
(BY SEPARATE O w 1'
INSTRUMENT) 1 0.} i (TRACT 1-4) i I PART OF
TRACT 2 j Q w 1 I LOT 1 R-1, BLOCK 1
0.0095 ACRES I I I I LONE STAR
412 SQ. FT. 1 I I SUBDIVISION
I I I I (VOL. 388-123, PG. 58)
I 1 ,
EASEMENT ENCROACHMENT
JAMES J. SCOTT SURVEY,
ABSTRACT NO. 1449
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
Kimlev* Horn001lr " &s 1 t
Fort Worth,Texas 70102 FIRM M 10194040 vnwi.k'rnley-hcm crm
soleD'uml um hy I t.n.o.a by I Ohio Pve act No. s
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LEGEND — — —
5/8"IRFC"CARTER Na
P.O.C.=POINT OF COMMENCING &BURGESS"(C.M.)
P.O.B.=POINT OF BEGINNING I NORTN
IRF-IRON ROD FOUND
IRFC=IRON ROD WITH CAP FOUND I 0 30 60
C.M.=CONTROLLING MONUMENT
GRAPHIC SCALE IN FEET
LINE TABLE
NI
NO. I BEARING LENGTH
L9 SOO°26'51"E 15.00, `OI
L10 S69°33'09'W 20.00' zI LOT 1, BLOCK 1
L11 Noo°26'51"W 15.00' PAYLESS
PART OF I CASHWAYS NO. 1
L12 N89°33'09"E 20.00' FORT WORTH EVERMANI
RISINGER DEVELOPMENT, LLC (VOL. 388-76, PG. 24)
(INST. NO. D217118440)
_ S899*33'09"W(�805.02'
1 .O.U.—SO—'26'51"E—P
I
III
NO°20'38'W—
35. (TRACT 3) z 58.28'
----- -r, 1/2IRF(C.M.)pw
Cyj g
e� p
L105 fn'SANITARY W Z I
SEWER EASEMENT I awl ------ ---
(BY SEPARATE OW
INSTRUMENT) i a} i (TRACT 1-4) PART OF
TRACT 3 LOT 1R-1, BLOCK 1
0.0069 ACRES I Z I I I LONE STAR
300 SQ. FT. I I I SUBDIVISION
I I I I (VOL. 388-123, PG. 58)
1 1 ,
EASEMENT ENCROACHMENT
JAMES J. SCOTT SURVEY,
ABSTRACT NO. 1449
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
Kimle-y* Horn001h 7511
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I I
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I ( I TEMPORARY 1
I— ✓ TURNAROUND EASEMENT I GRAPHIC SCALE IN FEET
"I I (INST.NO.D217152174)
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o I PART OF CASHWAYS NO. 1
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I D (VOL. 388-76, PG. 24)
o z I RISINGER DEVELOPMENT,LLC
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I I (BY SEPARATE 10 N I (TRACT 1-4
)I INSTRUMENT) l a m a I I I PART OF
I TRACT 4 I I I LOT 1R-1, BLOCK 1
I I 0.0069 ACRES I N I I I LONE STAR
I I 300 SQ. FT. I I I SUBDIVISION
I I I I I (VOL. 388-123, PG. 58)
i I 1
I I 15'WATER EASEMENT
(INST.NO.D21715283) LEGEND
I P.O.C.=POINT OF COMMENCING
P.O.B.=POINT OF BEGINNING
I I IRF-IRON ROD FOUND
LINE TABLE IRFC=IRON ROD WITH CAP FOUND
I C.M.=CONTROLLING MONUMENT
I I NO, BEARING LENGTH
L13 S00'26'51"E 15.00'
I I L14 S89'33'09'W 20.00' EASEMENT ENCROACHMENT
I I JAMES J. SCOTT SURVEY,
I I L15 N00'26'51"W 15.00' ABSTRACT NO. 1449
I I L16 N89'33'09'E 20.00' CITY OF FORT WORTH,
I TARRANT COUNTY, TEXAS
1 1 Kimlev* Horn
001 cherry Strw%unkIT015001 Td.No.(8171535-6511
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LEGAL DESCRIPTION
EASEMENT ENCROACHMENT
BEING a 300 square foot (0.0069 acre) tract of land situated in the James J. Scott Survey, Abstract No. 1449, City
of Fort Worth, Tarrant County, Texas; said tract being part of that tract of land described in Special Warranty Deed to
Fort Worth Everman/Risinger Development, LLC described in Instrument No. D217118440, Official Public Records
of Tarrant County, Texas; said tract being more particularly described as follows:
COMMENCING at a brass disk found in the west right-of-way line of South Freeway (a variable width right-of-way),
and being easternmost southeast corner of said Fort Worth Everman/Risinger Development, LLC tract;
THENCE South 89e41'16" West, along the said west right-of-way line of South Freeway, a distance
of 141.49 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" found at the north end of a right-of-way
corner clip at the intersection of the said west right-of-way line of South Freeway and the north right-of-way
line of Burleson Cardinal Road;
THENCE South 44°34'16"West, along said right-of-way corner clip, a distance of 15.85 feet to a 5/8-inch iron
rod with plastic cap stamped"KHA"found;
THENCE departing said right-of-way corner clip, South 89'32'07" West, a distance of 38.54 feet to a point;
THENCE North 0°27'53"West, a distance of 15.00 feet to the POINT OF BEGINNING;
THENCE South 89°32'07"West, a distance of 20.00 feet to a point for corner;
THENCE North 0027'53"West, a distance of 15.00 feet to a point for corner;
THENCE North 89°32'07" East, a distance of 20.00 feet to a point for corner;
THENCE South 0°27'53" East, a distance of 15.00 feet to the POINT OF BEGINNING and containing 300 square
feet or 0.0069 acres of land.
NOTES:
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone(4202).
A survey plat of even survey date herewith accompanies this metes and bounds description.
The undersigned, Registered Professional Land Surveyor, hereby certifies that foregoing description accurately sets
out the metes and bounds of the easement encroachment tract.
EASEMENT ENCROACHMENT
JAMES J. SCOTT SURVEY,
OF r ST� ABSTRACT NO. 1449
'�P.•�GIO '•'cS�
MICHAEL C. BILLINGSLEY �: . CITY OF FORT WORTH,
REGISTERED PROFESSIONAL . TARRANT COUNTY, TEXAS...:..........................
LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY
801 CHERRY STREET, l..................•••
UNIT 11 SUITE 1300 '•. ,09 6558 P�;� KiM,lg >>> Horn
FORT WORTH, TEXAS 76102 9..• o E S S\� :o� 11
PH. 817-335-6511 � SURFort Wort01 h Texas 76102 Street, nit 1. FIRM N 10194040 a Airney-horn.onn
michael.billingsley@kimley-horn.com Scale I Drawn by I Checked by Date Proect No. I Shegi No.
N/A JBH MCB 1120/2020 1 061282615 1 OF 2
HOPPER,BRADIN 1/22/2020 6:51 PM K:1FTW_SURVEY1061282615-FORT WORTH SOUTH-WATTSMWM061282615-FORT WORTH SOUTH-WATTS_EX_ESMT ENCR_DRAIN.DWG
I I LEGEND
I IIP.O.C.=POINT OF COMMENCING
_I _ _ P.O.B.=POINT OF BEGINNING NORTH
—— ————_— IRFC=IRON ROD WITH CAP FOUND
Z BDF=BRASS DISK FOUND
O I I I 10`TEXAS C.M.=CONTROLLING MONUMENT o 100 200
0 I II I ELECTRIC SERVICE
COMPANY EASEMENT LOT 1 R-1, BLOCK 1 GRAPHIC SCALE IN FEET
Q I I 1 (VOL.6689,PG.455) LONE STAR SUBDIVISION
II I VOL, 388-123, PG. 58)
(
1 I
U W -- I - ---- -- -- --- -_ _ PART OF
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� I 1 FORT WORTH D W LL
m o
LLI O STORMWATER FACILITY Q
m Z n- MAINTENANCE AGREEMENT EVERMAN/RISINGER W a =
C' O (INST.NO.D217158591) DEVELOPMENT, LLC U)
O m p I i (INST. NO. D217118440) LL-
o I I 0.0069 ACRES
QI I 60'PUBLIC ACCESS EASEMENT 300 SQ" F'T'. P"0.C.
= I 1 (PROPOSED)
RIGHT-OF-WAY N89°32'07"E BDF
OI i DEDICATION 20.00' (C.M.)
0 I (PROPOSED) NO°27'53"W S0°28'33"E
15.00' 15.00'
5/8"IRFC S9°41'16"W
"KHA"(C.M.) 518"IRFC 141.49'
--- -- — - ---- "KHA"(C.M.)
JAMES J. SCOTT SURVEY ABSTRACT NO. 1449 DRAINAGE EASEMENT —15.85' —
3/4"IRE (PROPOSED) 5/8"IRFC
GEORGE HAMILTON SURVEY-ABSTRACT NO. 751rFBOWYER
(C.M.) S89°32'06"W "KHA"(C.M.)
CALLED 83.068 ACRES 20.00' S89°32'07"W
TCRG OPPORTUNITY XV, L.L.C. 3, BLOCK 1 38.54'
(INST. NO, D217109969) ADDITION
BURLESON 1 (CAB. B, SL. 457) P.O.B.
N°°27'53"W
CARDINAL ROAD I
15.00'
NOTES:
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
the metes and bounds of the easement encroachment tract.
EASEMENT ENCROACHMENT
JAMES J. SCOTT SURVEY,
�P� ��was ABSTRACT NO. 1449
Co.=MICHAEL C. BILLINGSLEY CITY OF FORT WORTH,
REGISTERED PROFESSIONAL *: '
""' """""""'''
LAND SURVEYOR NO. 6558 ' TARRANT COUNTY, TEXAS
MICHAEL CLEO BILLINGSLEY
801 CHERRY STREET, ... ......................
UNIT 11 SUITE 1300 '•• ,0 6558 Kirnig >>> Horn
FORT WORTH, TEXAS 76102 q' �F�gg\�G�� p�PH. 817-335-6511 . ' " `� Fort Wor1801 �h,Texas 76102 Street,Unit 11. FIRM 0 10194040 w .kil. rn ey-homscom 1
michael.billingsley@kimley-horn,com Scale Drawn hV I Chocked by Dale ProectNo. SheelNo.
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2020,
Date Received: Ju117 City Secretary
Time Received: 3:18 PM Number: 53591-A1
FIRST AMENDMENT
TO CITY SECRETARY CONTRACT NO.53591,
EASEMENT ENCROACHMENT LICENSE AGREEMENT
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO.53591,
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 FORT WORTH EVERMANAUSINGER
DEVELOPMENT,LLC,a(n) limited liability company("Licensee"), acting herein by and through its
duly authorized representative.
RECITALS
i
j WHEREAS,City and Licensee made and entered into City Secretary Contract No.53591 on
February 28,2020(the"Agreement"),to authorize the use of the City's easement for the purposes of(1)
private storm drain crossing a public sanitary sewer facility and(2)private storm crossing a public
drainage casement and i
WHEREAS,the parties wish to,amend the Agreement to Include the installation of a private
retaining wall;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 encroaclutient 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."
Revised 04/2020
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
i
2.
The effective date of this Amendment shall be the date of its execution by the City.
3.
All other provisions of the Agreement which are not expressly amended herein shall remain in
full force and effect.
3
i
j
k
Revised 04/2020
CITY OF FORT WORTH: LICENSEE:
DJ Ha (Jul 13,202016:42 CDT) FORT WORTH
EVERMAN/RISINGERDEVELOPMENT,LLC
D]Han-ell, Director a Texas limited liability company
Development Services
Date: Ju113,2020 By:Majestic—Evernian Investor,LLC,
a Delaware limited liability company
its Managing Member
By:Majestic Realty Co.,
a California corporation,
Manager's Agent
B,
N tne: Edward P. Roski,JR
Title: President and Chairman of Board
I Date:^1417 Pow
1'
FOR)-
Approved as to Forin and Legality: Attested by:
Maf f Murray N��'/'�/►- _
Matt Murray(Jul 13,102016:26 CDT)
FWBC Sec. 3210 Mary J. Kayser,City Seer' 1.
Mattliew A. Murray,Assistant City Attorney City Secretary's Office '�X-
City Attorney's Office
Date: Ju113,2020 Date: Ju117,2020
Contract Compliance Specialist:
By signing I acknowledge that I aln the person
responsible for the monitoring and administration
of this co tract,in uding ensuring all performance
ai p rting r iireinents.
Laurie Lewis
In edin Development Manager
Revised 04/2020 OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Teixas,
t 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 14tn day of_l°ry _
20 20
LAURIE PDigitally signed by EQUENO LEWIS
LAURIE o�PRYP( � LAURIE PEQUENO LEWIS
PEQUENO LEWIS Date:2020.07.1409:39:45-05'00' Notary Public
* STATE OF TEXAS
Notary Public in and for the State of Texas u'� j Notary I.D. 132278952
oF'� My Comm. Exp. Dec. 10, 2023
After recording return to:
Development Services gepartment
Development Coordination Office
200 Texas Street
Fort Worth,Texas 76102
Revised 04/2020 OFFICIAL RECORD
CITY SECRETARY
FT WORTH,TX
STATE OF TEXAS §
COUNTY OF TARRANT §
I
i BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Q on this day personally appeared Edward P. Roski, JR, President and Chairman of
Board OflvMajcstic Realty Co.,than managing agent of Majestic—Em-nian Investor,LLC,the►nanagiog
member of Dort Worth l verman/Risinger Development, LLC, known to nic to be the person
whose nalnr 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
Fort Worth Everman/Risinger Development, LLC, a limited liability company, and in the
capacity lhereiu stated.
I
GIVEN UNDER MY NAND AND SEAL OF OFFICE this /.- �c16y of .1,
20,141(Y
r
rlAon L. Rarto
i n5 Nulmy P uuii G,;;late ill rQxa:
Notary Public in and for the
Cornnt EXWfeD 05-04 202'L
tlo;ary ID 129380073 i
State of
t,_
Revised 04/2020
OFFIG ILJWRD
�,tl7y SEC
Vy. W()
REVISED EXHIBIT A
Revised 04/2020
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