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HomeMy WebLinkAboutContract 53630-CA1Date Received: 02/08/2023 Permit Number: PN22-00033 Time Received: 2:06 p.m. City Secretary Number: 53630-CA1 ASSIGNMENT AND CONSENT OF EASEMENT ENCROACHMENT AGREEMENT City Secretary Contract No. 53630 THIS ASSIGNMENT OF ENCROACHMENT AGREEMENT ("Assignment") is made and entered into as of this 9th day of February , 20 23 , by and between the CITY OF FORT WORTH, a Texas home -rule municipal corporation ("C"), CRP-GREP ELAN GOLDEN TRIANGLE OWNER, LP, a Delaware limited partnership ("Assignor"), and GOLDEN TRIANGLE CONDOMINIUM ASSOCIATION, INC., a Texas nonprofit corporation ("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. 53630 (the "Agreement"), on the 9th day of March, 2020, with Assignor, the owner, at the time, 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 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 Agreement was recorded the IIth day of March, 2020, as Instrument No. D220057906 in the Real Property Records of Tarrant County, Texas; WHEREAS, prior to the enactment of the Agreement, the Property was submitted to the condominium form of ownership (the "Condominium") pursuant to a Condominium Declaration, which was filed as Instrument No. D219294886 in the Real Property Records of Tarrant County, Texas ("Declaration"); WHEREAS, the Encroachments subject to the Agreement consist of a 1" private water line, water waste lines utilities and metal fencing within the City's sewer easement, which are part of the "General Common Elements" under the Declaration, all Common Elements being owned as tenants in common by all owners of units in the Condominium under the Declaration; WHEREAS, the Assignee, under the Declaration, has been granted utility easements throughout the Property, including throughout the General Common Elements, in order to supply the Condominium with utility services and to maintain such utility services; WHEREAS, under the Texas Property Code, Section 82.102(a)(5), the Assignee is permitted to "make contracts and incur liabilities relating to the operation of the Condominium"; OFFICIAL RECORD FncroachmentAssignment Agreement CITY SECRETARY Page 1 of 10 FT. WORTH, TX Rev 04/2020 WHEREAS, Assignor desires to assign the Agreement to Assignee, who is responsible for the management of the Common Elements in the Condominium, including the maintenance of the utilities under the Declaration, to ensure the maintenance and monetary obligations under the Agreement are effectively fulfilled 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 its duties and obligations under the Agreement to Assignee. 2. Assignee hereby accepts the Assignment granted herein, and assumes all of Assignor's rights, duties, and obligations arising under the Agreement. 3. Assignor has full right, power, and authority to enter into this Assignment, tc make the representations set forth herein, and to carry out Assignor's obligations hereunder. 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 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 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 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 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 FncroachmentAssignment Agreement Page 2 of 10 Rev 04/2020 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. C DEVELOPMENT SERVICES DEPARTMENT 200 Texas Street Fort Worth, Texas 76102 Assignor CRP-GREP ELAN GOLDEN TRIANGLE OWNER, LP. 600 E. Las Colinas Boulevard, Suite 2100 Dallas, Texas 75039 Attention: JR Thuhn Assignee GOLDEN TRIANGLE CONDOMINIUM ASSOCIATION, INC. 600 E. Las Colinas Blvd., Suite 2100 Irving, Texas 75039 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 Agreement is hereby deleted and replaced with the attached Certificate of Insurance from the Assignee as "Exhibit B, Revised." 12. As a condition of the City's consent to this Assignment, the Assignee agrees, that if it becomes necessary to compensate the City in accordance with the provisions of the Agreement, and the Assignee does not have sufficient funds to compensate the City, the Assignee, will pursuant to the authority of the Assignee under the Declaration, assess the owners of each unit in the Condominium (each of which is a member of the Assignee) by means of a special assessment as provided in the Declaration. 13. All terms and conditions of the 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 Agreement. 14. 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. FncroachmentAssignment Agreement Page 3 of 10 Rev 04/2020 [SIGNATURES APPEAR ON FOLLOWING PAGES] FncroachmentAssignment Agreement Page 4 of 10 Rev 04/2020 ASSIGNOR: CRP-GREP Elan Golden Triangle Owner, L.P. a Delaware limited partnership By: CRP-GREP Elan Golden Triangle GP, L.L.C. a Delaware limited liability company its general partner By: CRP-GREP Elan Golden Triangle, L.L.C. a Delaware limited liability company its sole member By: GS Elan Golden Triangle Holdings, LLC a Delaware limited liability company its authoriz d member By:/ Name: Lance Hanna Title: Vice President STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me by Nance Hanna, as the Vice Pre-sident of CRP-GREP Elan Golden Triangle Owner, L.P., on behalf of said corporation. t Is TINA MARIE CASENotary ID #4801147My Commission ExpiresJune 27, 2026 Notary Public, State of Texas a Encroachment Assignment Agreement Page 5 of 10 Rev 04/2020 ASSIGNEE: GOLDEN TRIANGLE CONDOMINIUM ASSOCIATION, INC. By: Name: Laird Sparks l ILA . V 1V V 1 1 V.l. 1L1V11L STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me by Laird Sparks, as the Vice President of • m i �__ - __ u Inc.,t i lr r a Golden i i 1arigsc Clondo-milruuru Associaut}ri, Ion velial1 o1 saiu corporation. *er rye TINA MARIE CASE Notary ID #4801147 �y My Commission Expires '� of June 27, 2026 Notary Public, State of Texas Encro achment Assignment Agreement Page 6 of 10 Rev 04/2020 APPROVED AS TO FORM AND LEGALITY: CITY OF FORT WORTH: DJ Harrell (Feb 7, 202316:27 CST) FWBC Sec. 3210 DJ Harrell, Director Thomas Royce Hansen, Asst. City Attorney Development Services Department City Attorney's Office Date: Jan 25, 2023 a � ATTEST: �p�06 F OR T �40 ° d PA,0 ° P .. o0.d Jannette Goodall 0 0 o o= d o ° City Secretary ,f o o (M&C not Required) °°° `y °000000 cy �14 �EXASaaa Date: Feb 8, 2023 Date: Feb 7, 2023 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 R'4&Ce ' Owen' and reporting requirements. Rebecca Diane Owen (Jan 25, 2023 12:35 CST) Rebecca Owen Date: Jan 25, 2023 Development Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX EncroachmentAssignment Agreement Page 7 of 10 Rev 04/2020 STATE OF TEXAS § COUNTY OF TARR.ANT § This instrument was acknowledged before me on February 7th , 20_ 2.3 by DJ Harrell, 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. O�pFtYP(WENDY L BEARDSLEE . a Notary Public , * * STATE OF TEXAS N� e Notary I.D. 13323719-3 00 My Comm. Exp, July 28, 2025 ' WendL� Digitally signed by Y Wendy L. Bea rdslee Beard 5I ee Date: 2023.02.07 15:17:26-06'00' Notary Public, State of Texas Encroachment Assignment Agreement Page 8 of 10 Rev 04/2020 EXHIBIT A ORIGINAL AGREEMENT WITH ATTACHED EXHIBITS EncroachmentAssignmentAgreement Page 9 of 10 Rev 04/2020 CITY SECRETARY ��0 o CONTRACT NO. 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 Development Services Director, and CRP-GREP ELAN GOLDEN TRIANGLE OWNER, LP, a limited partnership ("Licensee"), owner of the real property located at 5601 and 5745 Golden Triangle Blvd, Fort Worth, Texas 76244 ("Property"), acting by and through its duly authorized Vice President. RECITALS WHEREAS, Licensee is the owner of certain real property situated in the City of Fort Worth Tarrant Cnnnty Tpvac mnrp nartipn1ar1v Apeorihpri in the attar-hPri t Pool 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 installation of private water lines, wastewater lines, and metal fencing (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. - - --- -� 2. GOUTY 3C Easement Encroachment Agreement - Commercial 1e+pt p Revised 1 /2020 1 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 utilities 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 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, 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 referenced areas at any time for the purpose of installing, repairing, replacing, or maintaining improvements to its public facilities or utilities necessary for the health, safety, and welfare of the public, or for any other public purpose. The City shall bear no responsibility or liability for any damage or disruption or other adverse consequences resulting from the Encroachment installed by Licensee, but the City will 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 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 Easement Encroachment Agreement - Commercial Page 2 of 13 Revised 1 /2020 Encroachment and any supporting structures and assess a lien on the Property for the costs expended by the City in taking such actions. b. 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 term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by the City. However, 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. It is further understood and agreed between the parties hereto that the Easement to be used and encroached upon is held by City as trustee for the public; that City exercises such powers over the Easement 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 Easement 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 Easement to be used for any other public purpose that does not preclude the use of the Encroachment on the Property, 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 the Encroachment and the public purpose. 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 Easement Encroachment Agreement - Commercial Page 3 of 13 Revised 1 /2020 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 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 it 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 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 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 of the Easement. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. 11. Easement Encroachment Agreement - Commercial Page 4 of 13 Revised 1/2020 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. 11 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 responsiblc 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. 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. Easement Encroachment Agreement - Commercial Page 5 of 13 Revised 1/2020 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] City: CITY OF FORT WORTH FV�0: Easement Encroachment Agreement - Commercial Page 6 of 13 Revised 1/2020 City: CITY OF FORT WORTH By: D.J. Harrell, Interim Director Development S ices Date: 17y 2 v ATTEST: 1/Z IT) �✓ ' 6ity Secretary U � i Approved As To Form and Legality Matthew Murray Assistant City Attorney Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration ;nsuring all performance reputing requirements. Janie S. Morales Development Manager Can SECRE i AR il' i FT. WORTH, -TX i Easement Encroachment Agreement - Commercial Page 7 of 13 Revised 112020 Licensee: CRP-GREP Elan Golden Triangle Owner, L.P. a Delaware limited partnership By: CRP-GREP Elan Golden Triangle GP, L.L.C. a Delaware limited liability company its general partner By: CRP-GREP Elan Golden Triangle, L.L.C. a Delaware limited liability company its sole member By: GS Elan Golden Triangle Holdings, LLC a Delaware limited liability company its authorized member By: ��':-'"'L' Y _ Name: Lance /anna Title: Vice President GFFOCOAL RECORD CPTY SECRETARY Fa. Dl'TH" TX Easement Encroachment Agreement - Commercial Page 8 of 13 Revised 1 /2020 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 thishday of 200L) . of Publi t and fortpp ate of Texas After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 ,��titrlry JENNIfER LOUISE EZERNACK Notary Public, State of Texas Comm. Expires 03-01-2024 Notary ID 130561630 0*N SEC RRETAR, F-r. WOR-, R" -yx Easement Encroachment Agreement - Commercial Page 9 of 13 Revised 1 /2020 STATE OF .1-?1— y- § COUNTY OF ,.t § BEFORE ME, the undersigned authority, a Notary Public in and for the State of 1-0= Y,i-- , on this day personally appeared Lance Hanna, Vice President of GS Elan Golden Triangle Holdings, LLC, a limited liability company, the authorized member of CRP-GREP Elan Golden Triangle, LLC, a limited liability company, the sole member of CRP-GREP Elan Golden Triangle GP, LLC, a limited liability company, the general partner of CRP-GREP Elan Golden Triangle Owner, LP, a limited partnership 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 CRP-GREP Elan Golden Triangle Owner, LP, a limited partnership, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this,` day of 20 1 / ' tQJLLil �Q+1C►"" °�e� TINA MARIE CASE + Notary ID #4901147 Notary Public in and for the , My Commission Expires y June 27, 2022 State of [\; J OFF-d'0AL RECORD, CITY SEMETA Y Easement Encroachment Agreement - Commercial Page 10 of 13 Revised 1 /2020 EXHIBIT A Map of Easement and Encroachment Easement Encroachment Agreement - Commercial Page 11 of 13 Revised 1/2020 Exhibit A I KELLER HICKS ROAD ( A VARIABLE WIDTH RIGHT l-AVI ( , NORTH I 0 100 200 I _ ! GRAPHIC SCALE IN FEET { ; � LOT 7, BLOCK 1 I KEY MAP f GOLDEN TRIANGLE CROSSING ADDITION TRACT 1 DOC. NO. 0.1428 ACRES I O.P.R.T.C.T. 6,219 SO. FT. ( I TRACT 2 0.0046 ACRES 100' TEXAS POWER & I I 200 SQ. FT, LIGHT COMPANY EASEMENT VOL. 6166, PG. 59, D.R.T.C.T. } ` 20' SANITARY SEWER EASEMENT j I VOL. 14266, PG. 161, D,R.T.0 T =` I TRACT 3 - =1 0.0092 ACRES I 400 SO. FT. ,1A I TRACT 4 L I I l I I 0.0074 ACRES �---- ---.- -_-_ I `� 323 SQ. FT. - GOLDEN TRIANGLE BOULEVARD (A 12D-FOOT RIGHT.OF-WAI) VOL. 6639, G. 614 r — VOL 6639,RG.616 ENCROACHMENT AGREEMENT AREA J. BILLINGSLEY SURVEY, ABSTRACT NO. 70 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS NOTES: Bearing system based on the Texas Coordinate Mimi e >>> Horn System of 1983, North Centro! Zone (4202). North American Datum of 1983. 13455 Noe( Road, Two WiensOffiea Tel. No. (972) 770.1300 Toyer, SuRe 700. Dallas, Tom., 75240 FIRM 6 101155M Fax No. (972) 239-3620 Background parking 8 drive isles, shown hereon are s__ie Dawn by I cheer ad by PA& I Prr*bci No. I Sheet Noj proposed and shown for informational purposes only. 1 • = 2D0 MSM DJD I MAR 2020 067771659 5 OF 12 MATHERNE. MARK 312 202010.37 AM K:1DAL SURVEY1067771S%9 GREYSTAR GOLDEN TRIANGLBDV4C4067771659-GREYSTAR GOLDEN TRIANGLE_ENCR AGREEMENTA-TRACTS.DWG N89'52'19^E I I I i TRACT 5 I ROGER KENYON 52 28' I CHICO, LTD I 2014 TRUST 12•IRF a I DOC. NO. DOC. NO. D214070593 (CM) _ D208221782 I O.P.R.T.C.T. O.P.R.T.C.T. P•0•�• R I Sl8"IRFCK\ TRACTS 1, 2, & 3 N •W �� NBT52'19'E I I \ W 3 I 28,00' P.C.B. 1�RACT 1 �(n . N89°55'02"E II 20.00' 12' IRF rGATE �METALFENCE 2 IRF TRAC+ 6 _ CHICO, LTD DOC. NO. D208221782 O.P.R.T.IIC.T. N 20' SANITARY SEWER EASEMENT NORTH VOL. 14266, PG. 161, D.R.T.C.T. f_ 100' TEXAS POWER & =' — --LIGHT COMPANY EASEMENT c' VOL. 6166, PG. 59, D.R.T.C.T. Z GRAPHIC SCALE 4N F,EET I EX. 18" SS LINE —METAL FENCE ALONG ` 1ASST EASEMENT LINE LOT 7, BLOCK 1 c N GOLDEN TRIANGLE r �? CROSSING ADDITION DOC. NO. TRACT 1 —= w O.P.R.T.C.T. 0.1428 ACRES - CO Go i 6,219 SQ. FT. P -P s 0 o 0 0 0 12(CM) _N" I GATE AT�� BRICK COLUMN — SIDEWALK - w wR . �CWATw` 8'P —'w ^�-^—w—„�r._w w "—q•PYCWATER ^— RM v COLUMN Mpwc FENCE ALONG WEST EASEMENT LINE GAT SECTION N = S89055'02"W I r ENCROACHMENT 20.00' �■■� `� r■ >_ �■�■ �■ AGREEMENT AREA NOTES: MATCH LINE (SEE SHEET 7) J. BILLINGSLEY SURVEY, Bearing system based on the Texas Coordinate System of 1983, ABSTRACT NO. 70 North Central Zone (4202), North American Datum of 1983. CITY OF FORT WORTH, Background parking, drive isles, water & storm pipes shown hereon are proposed and shown for informational purposes only, TARRANT COUNTY, TEXAS LEGEND Kimlpy* Horn SS = SANITARY SEWER P.O.C. =POINT OF COMMENCING P O B. = POINT OF BEGINNINGIRFC = IRON ROD W/CAP FOUND 13455 Noel Road. T oc Galleria Tel No. (972) 770-1300 IRF = IRON ROD FOUND Tower, S1rile 700. Dallas. Texas 75240 FIRM a 10115500 Fax No. (972) 239-3820 D.R-T.C.T. = DEED RECORDS OF TARRANT COUNTY, TEXAS Stele Drawn b Checked by D_ie Pro et1 No. O P_R.T.C.T. =OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS IMSMD.ID MAR. 2020 087771659 OF 12 M ...�MATHERNE, ►NARK 3i2i=10:37 AM K:1DAL SURVEY1087771659,GREYSTAR GOLDEN TRIANGLEIDWd 06T771659•GREYSTAR GO EN TWANG EENCR AGR 'EMENT-4•TRA[1,��ee TS.DWG MATCH LINE (SEE SHEET 6) Blom >• �.■� >r rr i� liiiiiiiii �. ■o sr c N89°55'02"E b TRACT 2 P . O . B . _ ` 20.00' i 0.0046 ACRES TRACT 2 - a = 200 SQ. FT- 12' HOPE STORM INO°04'58"W 10.00' ISO°04'58"E 889°55'02" 10.00' 20.00' SECTION I f 20' SANITARY SEWER EASEMENT 2- 4 r VOL. 14266, PG. 161, D.R.T.C.T, EX 18" SS LINE I 100' TEXAS POWER & P.P.B. TRACT 3 NO°04'58 20. _ 6" PVC WAT2000 WATE12 = f I LIGHT COMPANY EASEMENT VOL. 6166, PG. 59, D.R.T.C.T. r0 O I I I f - N89°55'02'E LOT 7, BLOCK 1 g� 20.00' GOLDEN TRIANGLE I I j fI CROSSING ADDITION SO o04'S8 E DOG. NO. O.P.R.T.C.T. _ TRACT 3 - - � tV S89°55'02"W 0.0092 ACRES f V SEC3 ION -�I- 20,00' 400 SQ. FT. -ram - .. I `I` I� 0 30 60 GRAPHIC SCALE IN FEET 20' SANITARY SEWER EASEMENT A VOL. 14266, PG. 161. D.R.T.C.T. J(-- MATCH LINE (SEE SHEET 8) ENCROACHMENT AGREEMENT AREA NOTES: J. BILLINGSLEY SURVEY, Bearing system based on the Texas Coordinate System of 1983. ABSTRACT NO. 70 North Central Zone (4202), North American Datum of 1983- CITY OF FORT WORTH, Background parking, drive isles, water & storm pipes shown v c� hereon are proposed and shown for informational purposes only. TARRANT COUNTY, TEXAS LEGEND Kimlpy))Horn SS = SANITARY SEWER P.O.C. =POINT OF COMMENCING P.O.B POINT OF BEGINNINGIRFC = IRON ROD W/CAP FOUND 13455 Noel Roatl. Two Gallena OTel No (972) 770-1300 IRF = IRON ROD FOUND Toner, Suae 700. 04fiaf. TsMs 75240 FIRM a A, 0115500 F"No (972) 239.3620 D, R.T-C.T. = DEED RECORDS OF TARRANT COUNTY, TEXAS Scala I Drawn by I ChoCked bV I Dele I PM4M NV, I sheet No O P,R.T.C.T. = OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS 1" = 69 MSM 0,10 MAR 2020 1 067771659 ` 7 OF 12 MATHERNE. MARK 3/21202010:37 AM K:1DAL_SURVEYW67771M-GREYSTAR GOLDEN TRIANGLEIOM 0677716594ftYSTAR GOLbE:N TRIANGCE_ENCR AGOEMENT-4-TRACTS_DWG MATCH LINE (SEE SHEET 7) 112-IRFC -SPOONE LOT 7, BLOCK 1 _.. GOLDEN TRIANGLE CROSSING ADDITION'�T— = I -7- O.P.R.T.C.T. = 1 00-TEXAS POWER & II II GOLDEN TRIANGLE CROSSING LOT 6, BOCK 1 DOC. NO. D28066624 O.P.R.TII.C.T. I I 'I I I EX. 18" SS LINE N89007'39"E— 20.00' N1°50'24"W 15.58' ST ,qMR _ f NO°46'C6"E $87°41'27"E�'j 5.00' 64.84' 1 \ 1l2" IRFC 1 "SPOONER" (CM) -0.0.�. �-fir TRACT 4 P.O.B. TRACT 4 SE W W-( y W NORTH 0 30 60 GRAPHIC SCALE IN FEET NOTES: Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202). North American Datum of 1983. Background parking, drive isles, water 8 storm pipes shown hereon are proposed and shown for informational purposes only. _ LIGHT COMPANY EASEMENT VOL. 6207, PG. 680, D.R.T.C.T.... l — � I n ` 20' SANITARY SEWER EASEMENT 4�3:1 VOL. 14266, PG. 161, D.R.T.C.T. _1 --- TRACT 4 I �w ^ 0.0074 ACRES Dili I 323 SQ. FT. ^S1 °50'24"E25' EASEMENTwRESERVATION ^� " `16.69' i T— BY REALTY CAPITAL GOLDEN TRIANGLE ' VOL. 14974, PG. 27, D.R.T.C.T. N1°5024�' _—_.----- 20.05' �N87°41'27" VN- „20.05'� b GOLDEN TRIANGLE BOULEVARD CTI O N (A t2o.FOpT RIGW7-0f•wAVI VOL 6639. PG 614 . W — IN W VOL. 6639. PG. 610 W ENCROACHMENT AGREEMENT AREA J. BILLINGSLEY SURVEY, ABSTRACT NO. 70 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS LEGEND KimI >>> Horn SS = SANITARY SEWER P,O.C.= POINT OF COMMENCING P.O B. =POINT OF BEGINNING IRFC = IRON ROD W/CAP FOUND 13455 Noel Road, Two Galena OI Tel. No. (972) 770-1300 IRF = IRON ROD FOUND Tower, Sufte 700. Dallas, Tomas 75240 FIRM # 101 JIM Fix No. (972) 239-3820 D R. T,C T- = DEED RECORDS OF TARRANT COUNTY, TEXAS S� le Drawn by Chee7red ov D_te Proles No Sheet No O.P.R.TC.T. =OFFICIAL PUBLIC RECORDS, TARRANT COUNTY. TEXAS MSM OJD I MAR.2020 0677)1659 6 OF 12 , tATHERNE, MARK 31WMO 10'.37 AM KADAL SURVEYM7771659{GREYSTAR GOLDEN TRIANGLEOWC3i7771659-G EYSTAR GOL EN TRIANGLE ENCR AGF{ MENT-4-TRA 1•S.DWG 710 705 700 [•-1` 690 685 i 8+00 291 LF OF METAL FENCE ALONG WEST LINE DF 20' WIDE EASEMENT 6'HT GATE — GATE AT FENCE POSTS FENCE LINE SIDEWALK g 8' O.C. (TYP.) t t 1 i l l l l l l l 1 1 1 6'-6" HT. BRICK COLUMNS I i 1 I WITH CONCRETE FOOTINGS I l I I 1 1 1 I I I I I I I I I I I 1 I 1 FINISH GRADE I I 1 I I I I I I 1 EXISTING GRADE u 1_ �_ � a, i _ ,i• rr, CD LLJ 'W 2 24" HD�ROSSING E CROSSING FENCE POSTS ,NV: 69.18 FOOTINGS (TYP) (l j III4" WA (1) INV: 690-04 ' O 8' V�►� CROSSING + INV: 94.08 ' O Ix Q yj V W — PIPE ALONG CENTERLINE M OF 29 WIDE EASEMENT ,W Z EX. 187 S i @ 0.25% _ �CC ENCROACHMENT' G AREA to N � 0 to r0 I LL ILL u ENCROACHMENT AGREEMENT AREA 9+00 SECTION 1 - TRACT 1 ENCROACHMENT AGREEMENT AREA Kimlgy)))Horn IU55 Noel ROW. Two Ga9erta OTel. No. (972) 770-1300 Tower, Suite 700. Dallas, Tess 75240 FIRM a 10115500 Fax No. (972) 239-3820 PROFILES scao. 1"=40'H 4'V 1 D SM ii I J�by FEB-ate 1 cojectNo 71659 I BOFN2 . MATHERNE, MARK =812020 12:08 PM K:1DAL—CIVIL1067'771659.OVERTURE GOLDEN TRtANGLE1CA01PI�NSHEETSIP IVATE PLANSiEXH-SSWR-PROF-PRVT-EIIVCR41-TRACTS.DV\G 710 291 LF OF METAL FENCE ALONG WEST L NE OF 20' WIDE EASEMENT fFENCE POSTS (d 8' O.C. (TYP.) 6' HT. GATE/FENCE LINE I f I I I I I I I I I I I I I I I 1 1 705 r r r r r l r r r r r l l r r r l l I I l l t l l l l l t l l l i t l l I I I I I I I I I I I I I 1 1 1 1 1 FINISH I I I I I I I I I I I 1 1! I l t l l l l l l l f I I I I I I I I I 1 1 1 1 1 1 1 1 ' I I I —EXISTING GRADE 'AppROx'GRADE AT I I I I FENCE ALIGNMENT I I I I 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1{ I 700 LU Lij FENCE POSTS LU w FOOTINGS (TYP ) co 1 I 695 +' I rn Q' PIPE ALONG CENTERLINE I-' OF 20' WIDE EASEMENT Lu w z 690 J _ I= 113" Ss 8 v.co7o U - <� _ I } ENCROACHMENT I ' y AREA I 685 CNI cm o ai I m 0 Qll U. LL� I 680 10+00 11+00 SECTION 1 - TRACT 1 ENCROACHMENT AGREEMENT AREA ENCROACHMENT Kim1,py))) Horn AGREEMENTAREA 13455 Noel Roan, Two Galbria (Tel. No. (912) 770-1300 Tower, Suite 700, Dallas, Texas 75240 FIRM k 10115500 Fax No. (972) 239-3820 PR O F I L E S Scale I am -by Cued W Da Profett No sheep Ho. MATHERNE, MARK 2128202012:09 PM K:1DAL_CIVIL1087771859-OVERTURE GOLDEN TRIANGLElCAMP�ANSHEETSIPRIVATE PLAN SSVVR-PROF-PRVT-ENCR-e-TRACTS.MG F 12 710 I I I I I I 705 I I I t I FINISH GRADE I FINISH GRADE iiiEXISTING /-.I GRADE wASATERIJ =NNHOLE /-EXISTING GRADE MANHOL 700 - - - - - - � 4" VA CROSSING INV 697.36 I I 24" HDPE CROSSING INV: 696.80 8° WA CROSSINGT_ 18"HDPE CR!}SSiNG INV: 696.28 INI: 696,41 695 M r m I f` CO 1 690 EX. �18`' SS @ 6.25% EX. 18" SS @ 0.25% 0 EX. 18 SS @ 0.25/e I -- 1 — 10'-WIDEI ENCROACHMENT 20'-WIDE AREA 11 II ENCROACHMENT 665 I l AREA — d~0 I 1 I Ql O I I f= co Go CID co Im w I U_ I LL 680 � I Li 00 6+00 7+00 SECTION 3 - TRACT 3 SECTION 2 - TRACT 2 ENCROACHMENT ENCROACHMENT AGREEMENT AREA AGREEMENT AREA ENCROACHMENT KiPwa,wrcele *Horn AGREEMENTAREA 13455 Noel Road. T.a Tel. No. (972) 770-1300 Tower, Suile 700. Dallas, Tamm 75240 FIRM a 10115500 Fez No. (972) 239-3820 PROFILESStele Drawn by � aye Proiccf No. Sheet No II I F 12 MATHERNE. MARK 21282M 12:09 PM K.1DAL CIVIL1067771658AVERTURE GOLDEN TRIANGLEICADIPLANSHEETSUAIVATE PLANhXHS5WR�R0 OF-E�CR4-TRACTS WG 710 710 705 I I II II I i 705 II I I F NISH GRADE 700 1 - 700 r--EXISTING GRADE R 695 i i 695 II 1 1 12" 3T CROSSING I�INV 693.22 690 i i i �r - 690 ii EX. W SS Cad 0.391% 685 I I l 685 VARIABLE WIDTH ENCROACHMENT i AREA I vto i w co � 680 LL I I U- 680 1+00 SECTION 4 - TRACT 4 ENCROACHMENT AGREEMENT AREA ENCROACHMENT Kimlgy)))Horn AGREEMENTAREA 13455 Noel Road, T%* Gallerfe OTel. No, 1972) 770.1300 Tower, Suite 700, DWLsi, Texas 75240 FIRM • 101155W Fax No. (972) 239-3a20 PROFILES\\ale Draw by fey I Date I N0 = N0. MATHERNE. MARK WAR02012V9 PM K:IDAL_CIVILW677716S4-0OVERTURE GOLDEN TRIANGLEICADVILANSHEETSW IVATE PLANIIEXHSSWR-tOF•PRVT-ENCR-4-TRACTS.[�120FU EXHIBIT B Certificate of Insurance Easement Encroachment Agreement - Commercial Page 12 of 13 Revised 1/2020 EXTHIBIT B, REVISED CERTIFICATE OF INSURANCE EncroachmentAssignmentAgreement Page 10 of 10 Rev 04/2020 ® ■� r w ■■ �1■ 1 1 1 // a■� 1 ■■ ' ■ ■ 11 1 sum 6 1 a • 0 i Si = = = = � am M — ll�w =0 it p ar an = � = -0 = = =0 = ■ - C =0 r . mot f :w 1