HomeMy WebLinkAboutContract 51092-CA1Date Received: 12/22/2023 Record Number: PN23-00150
Time Received: 1:24 p.m. City Secretary Number: 51092-CAl
ASSIGNMENT AND CONSENT OF ENCROACHMENT AGREEMENT
City Secretary Contract No. 51092
THIS ASSIGNMENT OF ENCROACHMENT AGREEMENT ("Assignment") is
made and entered into as of this 22nd day of December , 2023, by and between the CITY OF
FORT WORTH, a Texas home -rule municipal corporation ("City"), DD PRESIDIO 17.26,
LLC, a Delaware limited liability company ("Assignor"), and BEL PRESIDIO LIMITED
PARTNERSHIP, a Delaware limited partnership ("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. 51092 (the "Encroachment Agreement"), on the 8th day of August, 2018, with Assignor,
the owner of certain real property more particularly described in the attached Legal Description
(the "PrWerty") 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 the 17th day of August, 2018, as
Instrument No. D218183067 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.
OFFICIAL RECORD
Encroachment Assignment Agreement CITY SECRETARY Pagel of 8
FT. WORTH, TX Rev 12/2022
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. 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
DD Presidio 17.26, LLC
c/o Cortland Partners, LLC
3424 Peachtree Road NE, Suite 300
Atlanta, Georgia 30326
Attn: Legal Department
Encroachment Assignment Agreement Page 2 of 8
Rev 12/2022
Email: Legal.Dept@cortland.com
Assignee
Bel Presidio Limited Partnership
c/o Eaton Vance Management, REIG
Two International Place
Boston, MA 02110
Attention: Asset Management
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 12/2022
ASSIGNOR:
DD PRESIDIO 17.26, LLC,
a Delaware limited liability company
Date: October 23th,
STATE OF GEORGIA §
COUNTY OF FULTON §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Georgia,
on this day personally appeared Corey B. May, Authorized Signatory 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 DD
Presidio 17.26, LLC , a Delaware limited liability company (entity type), and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this .'4-'*'6 day of BGt.
, 20
Notary Public in and for the
State of G=
C MILEY
Notary Public, ❑ekalb County, Qeorgl€
My Commission Expires Jan 11, 2027
[Signatures continue on following page]
Encroachment Assignment Agreement Page 4 of S
Rev 1212022
r.%&3Z"r D1-s
BEL PRESIDIO LIMITED PARTNERSHIP, a Delaware limited partnership
By: Bel Presidio GP LLC, a Delaware limited liability company,
its sole general partner
By:
Name: Gary LeFave
Title: Authorized Signatory
Date: October 17th, 2023
COMMONWEALTH OF MASSACHUSETTS §
K1111��111'Ll7�.Y01I�[!];11' :i
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Massachusetts, on this day personally appeared Gary LeFave, Authorized Signatory (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 Bel Presidio GP LLC, a Delaware limited liability company (entity type), and
in the capacity therein stated as the sole general partner of Bel Presidio Limited Partnership, a
Delaware limited partnership.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this /7 day of 01!- /D/a-Q—,
, 2023
Notary Public in and fo the
Co XI H,Mt" of
Encroachment Assignment Agreement
,+, n rtn r r o",
0 .. ��ti�ssion F• :S'i
:qrj �=
�TgRY 4v��;ov�J��
gilt"
Page 5 of 8
Rev 12/2022
APPROVED AS TO FORM AND
LEGALITY:
Jeremy Anato-Mensah, Assistant City Attorney
City Attorney's Office
Date: Oct 31, 2023
goer°°n
4� �.ad
p"°° °9°0
ATTEST: 8=°
"` a°aanrato°�x9'psaa
Jannette Goodall
City Secretary
(M&C not Required)
Date: Dec 22, 2023
STATE OF TEXAS §
COUNTY OF TARRANT §
CITY OF FORT WORTH
DJ Harrell (Nov 1, 202311:52 CDT)
DJ Harrell, Director
Development Services Department
Date: Nov 1, 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
a o reporting requirements.
Rebecca Diane Owen (Oct 31, 2023 10:52 CDT)
Date: Oct 31, 2023
Rebecca Owen
Development Manager
This instrument was acknowledged before me on November I st . 2023 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.
o�PRYPce, WENDY L BEARDSLEE
Notary Public
* * STATE OF TEXAS
Notary I.D. 13323719-3
My Comm. Exp. July 28, 2025 '
Encroachment Assignment Agreement
Wendy L. Digitally signed by
Wendy L. Beardslee
Beardslee Date: 23.11. '
12:09:09:36-05'00
Notary Public, State of Texas
OFFICIAL RECORD page 6 of 8
CITY SECRETARY Rev 12/2022
FT. WORTH, TX
EXHIBIT A
ORIGINAL AGREEMENT WITH ATTACHED EXHIBITS
(see attached)
Encroachment Assignment Agreement Page 7 of 8
Rev 12/2022
Page 1 of 23
THIS AGREEAUNT is .made and entered into by and between' HE CITY01P
FORT WORTH, a home Me -municipal corporation <of Tammt County, Texas ('City'},
acting'hy and through its duly authorized City Manager., its: duly designated Assistant City
Manager or Planning and Development Director, and IUD Presidio 17,26., LLQ a Oeorgia
limited liability -company ,("Ligensee"), aoting by and through its duly authoTized. Vice
President of Momw. investors, -Inc.,. a Georgia corporation, Manager of Licensee, owner
of the real. property located. at =5 Presidio, Vista Drive , Fort Worth, TX 76177
(OPro-perty").
RECITALS
WHEREAS, Ucvnsee is thoovMer of.M%in. real property situated in the City of
Fort Worth, Twant County, Twg, mom partidulady described: in the attached Legal
Deseriptiott of -the Property; and
WHEREM, the City has a $aattary Sewer and Floodplak easernent (the
"Easemenf) in the Property as shown on the map attached'to this Agreement as Exhibit
"A' and incorporated herein. for all Purposes; and
WHERE, Licensee desires to construct/place and maintain certain
improvements .which sill encroach onto the Easmnont;and.
WHEREASi'43ty. will allow the encroachment under the toms, md t.onditions as
set forth 'Mi this Agreinvent to accommodate the, needs ' of the Licaum,
NOW, THEREFORE, the City and Licensee -agree as follows..,
.A GRXEN[ENT
I.
City, in consi4rat ion of the payment by the Licensee of the, &e set out below and
covenants and agreements hercirAfter contained; to be kept and performed by Licensee,
hereby grants pemiission to Licensee to encroach. upon and occupy a portion. of the City's
Easement ' -for the purpose of roustructing a 61* wgtal fence and prkvate dog. park (the
"Tncroachmmt')as described in and at the ..location shown on, Exhibit, 14*11" but only to,
the extent shown thereon.. Upon completion: of 'the SwroachmentLicenseettgrees to be
responsible for maintaining the EnewaDhment within and ':above the Easement. Licensee
shall not expand or otherwise cause the EtwrovImmu to. further. infringe in: or on City's.
Fasement.-beyond what is specificully4escdbod In the txWb* attached hereto.
20 1:5 Ease ant ftq-paqbmwt Agm*wnwt -Commemial pege I of I I
PNIS-00058 Rev, 10/2017
Page 2 of 23
A
All comtruction, maintenance and operation in connection with such
Encroachinimt, use and occupancy sMl. be performed in strict compliance with. this
Agmment and. the City's Charter, Ordinances and Codes and in accordance with the
,directions of the Director of the Transportation. and Public Works or the � Director- of the
Ci . ty's Water Departmont, or his or her duly suthori2W rVmsentative. Licensee shall
submit all plans and s 'eel creator or his, or her duly a ,p fications: to the opplicabld. Dire ed
reproseatativeprior to the, construetion of the Encroachmft Liceme sha11 not
commence construction of the E=awhmont until reoeivins wfiftm approval by the
Director, but such approval shall not- relian Licensee of responsibility and liability for
concept, design and computation in the pmpamfion of such plans: and specifications.
I
Upon prior, written notice to Nemec,. except in the case of an -e;nmZency,,
Lice a . ... ...... .. -.1 " . ....... t agrocs: Atc4mqe or -and utilize the referenced- areas: at any. -time for the
�purpose of stalling; rqxdring, replacing; or maintaining : impmvenifts to :its public
facilities or utili&s necessary for the health, safety -and welfM of tho puWio or for any
other public purpose, :City shall bear no responsibility or liability foir any damage or
.disruption or other adverse consequences resuKag, fim the Encroachmentinstalled by
Licensee, but City will make reasonable effinU to -minimize such damage.: age.: In ft event
that any installation, re%'utitIlation, rO=ation or repair of any existing or future utility or
-improvements owned by, 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 " Pay to City an Additional amount eqtW to such
additional cost as, asonably detertnined' by the Director of Traasportati and Public
Works or the Direotor of the Water, Department, or :said: Directces, duly authorized
representative.
4,
Licensee agrees to pay to City at the time this Agreement is .requested an
application fee of $325M in order to defray all costs of Inspection and supervision which
City has incurred or will incur as a result of the cot�ction, maintenance, inspection or
management -of the encroachments and uses provided for by this Agmetnent.
2015 Easement : Encroachment Agreement -Commercial. 'Pap 2 Of II
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S.
The'term of this Agreement shall. be :for. 30years, commen6ag on the date this
Agmement:is executed. by City. However,. this Agretwent shall. tetmiinate upon
Licensee's non-compliance WAJ any of the: terms of this: Agreement, City .shall notify
111ce.nsee in writing of the noft-compliance,. and if not cured wMn 30 days, this
Agreementshall be, deemed torminate4, tr ess. such non compliance: is not susceptible, to
cure within 30 days, in which case this Agrement sWl be deemed terminated in the
event that Licensee fails to commence and take such steps as are necessary to: rmedy the
non-compliance With, 30 days after written notice 'specify
ing, the same, or having. so
commenced, thereafter fails to proceed diligently and with continuity
toxemedy same.
6.
It is further understood and agreed between the parties hereto that the Easement to
be used and encroached upon as described herein,. is held by: city as trustee for the public -
that "City 11 ex I e I reises , , such: powers over the "E Win..delegated to A . 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.. acm4ingly agreed dW if the governing body of City may ,at
Anytime during the term hereof determine M' its: sale .discretion to use or cause or permit
the: Easement to be used for any other pubbic purpose, that does not- preclude. the use of
the Fheroac . hinetit oti. the: Propefty, including but not being limited to underground,
surface or overhead comrnunicafiQn, drainage, sanitary seweraM ummission of'natural
gas orelectricity i: or any outer publie,.purpon, whether presently contemplated or not, that
the parties agree to negotiate: mi good -faith in .order to accommodate the'Enoroachmotit
and. the public purpose. .4.4
4.
7.,
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES,
HEREBY INDENNIFYs HOLD HAP.AMESS AND WEND CITY, ITS
-OFFICERS, AGENTS, SERVANTS, EAIPLOYEES, AND ELECTED OFFICIALS
FROM AND AGAINST ANY AND ALL CLAIMS OR -SUITS FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONAL INJURY., INCLUDING. DEA ,TH,. TO
ANY AND ALL PERSONS4 OF WHATSOEVER. JUND OR CHARACTER,
ARISING OUT OF OR IN CONNACTWN WITH,. THE CONSTRUCTION,
MAINTENANCE, OCCUPANCY, USE, VUSTENCE OR LOCATION OF THE
ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT:
CAUSED, IN WHOLE OR IN PART9, BY THE NEGLIGENCE OF OMCERSo
AGENTS, SERVANTS,. EMPLOY.ItES, CONT"'CTORS., SUBCONTRACTORS,)
LICENSEES,:ELECTED OFFICIALS OR INVITEES OF THE CITY; AND
LICENSEE: HEREBY ASSUMES: ALL LIABILITY AND RES"MILITY FOR
.SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE .ASSURE ALL
LIABILITY AND RESPONSTOWW'AND SHALL INDEMNIFY CITY FOR
10 1 S Easemwt Encroachment .Agreement-Cannmrcial ftge 3 of I I
P N1 8-00058 ftv, IM017
Page 4 of 23
ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT
OF OR IN CONNECTION 'WITH THE ENCROACHMENTS AND ANY AND
ALL ACTS O.R. OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS,:
SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES, OR INVITEES.
While this Agreement is in effect, Licensee agrees to furnish City with a
Certificate: of Insurance naming City as certificate holder, asproof that it has secured and.
paid for a pot'ICY of public liabilityinsm.nce, covering all PoW. Asks related to the
proposed use ajad occupancy of public property as located and described in Exhibit "A",
The amounts of such insurance shall be not less than
81 *000,0000Dmme".4141 General. Liability
with the understanding and agreement by Licensee that such inkirance. knounts =y be
revised upward at City's apition. and. that Licensee shall so use such amounts
immediately following notice to Licensee of such. ttquitemem Such-insurAno,policy
shall. not be canceled or amended without at least 30 days i written notice. to the
prior
Building Official of the City of Fort Worth. A copy of such: Cortificate of hmirance is
attached as Exhibit "B" and incorporated'hervin ft all purposes. Licensee: agrees to
submit a similar Certificate: of insurance annually to. City on, the araiversary date of the
executions of this Agreement
Licensea4grees,- Fords and obligates, itself; its suecessorsend, asdgns' to.mainuiin
and keep in f=6 suoh public liability insurance at all times during -the term. of this
Agreement and until: the.mmovpJ of the Emmadmient and the cleaning and.restoration.. of
the Easement. All insurance coverage required herein shall include coverage of all
Licensees'
contractorsand subcontractors..
171
Licensee agrees to odeposit with 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, Texw. After being recorded, the original shall be
returned to the City'Sepretary of the City:of Fort Worth.
to.
Licensee agrees to, comply fully with.allapplicabble federal, state -and. local laws,
statutes, ordinances, codes or regulations. In connection with the construction, operation
and maintenance of the Encroachment and uses,
2015 Easement Encroachment Agrewmt Comraorchd Page 4 o.f 11
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Page 5 of 23
'Licensee agrees, to pay prompIly when due all fees, taxes or rentals provided for
by this Agreement or. 'by any federal, state or local statute, law or regulation,
Licensee covenants and: agrees that it shall. operate hereunder asan independent
contractor as to all rights and privileges granted hereunder and not as an offim, agent?
servant or employee of City, and Licensee ihall have exelusnive control of and. the
exclusive right to control. the details, -of its qpo muions, and all persons: performingsome,
and shall be solely responsible for the acts and omissions of its offl=s,, 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
cons trued;as cr,cafingapat etshiporjoint cntTdsebetween. Clt and` Licensee..
. Y.
11
Licensee agrees and acknowledges that this Agreement is solely for the purpose of
permitting Licensee to: construct, maintain andlocate the Encroachment over or within
the Easement and is not a,. conveyance of anyxight, Wle or interest -in orto, 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.
14.
In any .action brought by the City for the enforcement of the obligations of the
Licensee, City shall :be -entitled to recover inte m-t and reasonable attorney's fees,
15.
The parties agree that, the dutiesand obligation contained Sft—&Ms 3 and 4 -shall,
survive the termination. of this: Agre. ement.
16.
Licensee covenants and agrees that it v-411. not assi-P, all or any of its rights,
pri-Vileges or duties: undo this Agreemcnt whhout the written approval of City, and any
attempted assignment without such written approval shall be void. in the event. Licensee
convoys the Property,. Licensee may asAp all of .its rights .and obligations under this
Agreement to the new owner of the Property, and Licensee shall be deemed released from
itsduties and obligations hereunder upon City's approval in writing of such assignment,
which approval shall. not be =reasonably conditioned or withhold., Foreclosury by a
secured lender of Licensee or assignment. to a ..secured lender by :Licensee in the event of
2015 Easement EncrmobWmt AgWnW-ntCoMme.MW Page 5 Of .11
PN18-0,0059 Rev. j040.1*7
Page 6 of 23
default or otherwise shall notrequire City approval provided that said lender notifies City
in writing within 60 days of such foreclosure or assignment and assumes all of Licensees'
�tightsand. obligations hereunder. However, no: change of ownership due to foreclosure or
assigninent to any secured lender of Licensee shall be effective as to -City unless and until
written notice of such forecAosure or assignment is. provided to- City,
17.
.Any cause of action for breach of this Agreement shall be brought in. Tarrant
County, Texas. This. Agreement shall be govemed by the laws of the. State of Texas.
M.-
This Agreement shall be binding upon - the parties hereto., their successors, and
assigns.
SIGNATURES APPEAR. ON FOLLOWING PAGE1
2015 Easement EncroacbmentAgrement -Commereial Page 6.,O.f 11
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Page 7 of 23
THIS AGREEMENT may be executed in multiple counterparts., each: of which
shallbe considered an original, but all of which. shall. constitute one iwtwinent.
City
CITY OYFORT WORTH
By:
Director
Planning and Development
Date. Ah 20PI
Licensee:
DD.PE SIDIO 17.26, LLC, x.Georgin
fimited. UaWlity compimy
By Morrow lnveooM Inc,, a Georgia
corporation, Its Ma4aW
By:
blame: Fred S. Hat/Of
Vigo: vice P1110n,
ATTEST:
. . . . . . ...... Approved As To Formand.Legality
vu-
Cit/Sucre, `tV Assistant
'/e Attorney
stant.
7E Y(
Contract Compliance Manager
By signing 1 acknowledge that: I am the person
Responsible, for the monitoring and Administration
Of this contract, including ensuringell` performance
Andreporting requirement&
Janie.'$, Morales
Development M"er
2015 Easement Encroachinent Agroonmt -CWmiamial Page 7 of 11
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Page 8 of 23
STATE OF TEXAS §.
COUNTY OF: TARRANT §'.
This instrument acknowledgedbefore me on . , 201
by .Randle Harwood, Director of the .Planning and. er .. t .Department of :the City
,of Fort Worth, can behalf the City of Port
7No Whe, o . `T
aERWER Lowss.WMACK
M `yam+
F
After Fteow ingReturnto.
Planning & Development
Development Coozdi aUon Office
200 Texas Street
Fort Worth TX. 76i02.
2015 Easemmot Eneraact�n ent. Agwml nt-Cixxnmmmail Page 8 of 11
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Page 9 of 23
STATE OF GEORGIA
COUNTY OF HENRY
BEFOREME, the undersigned audimity, a Notary Public ;in and for the State of`
Georgia, on this day personally appeared. Fred S. Hazel, Vice President of Morrow
Investors,. Inc., a Georgia corporation, Mwiigger of DD:Presidio 17.26j LL-C,. a Georgia
limited liability vompany, 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 DD Presidio
I 1.26,,L-LC and in the capacity therein stated.
201-8.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
X NY of July%
k- V . 0 M 9T
JAN 3i.i*--20*ZD
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LEGAILDESCRIPTION OF THE PROPERTY
.1k JZ I . I _ 3
WHEREA5% W PRESIM. -17'Ut UCVA ORORM. UMIT&IDUA011UN OOMPANY IS THE OWNER
OF A, TRACT OR PARCEL OF LAND SILUATED IN, THE WfLUAM MCC.'0W, A .N SU
RN(EY A BSTRAE9
140, 999. IN. THE C.0 OF TORT. WORTH, TARRANT CM.N.'
Ty TEXAS, AND Fit-ING PART OF A.
CALLED 34.319 ACRE TRAtR OF LAND DESCRIBED :IN'SPECIAL WARRANTY DEED TO %LNR CPI
PRES00 LAND. L.L,C,,. AS. RECORDED IN THE COVIRTY CLEWS DOCUMENT NO, 0.207-Mt`126
OF THE DEED RECORDS. TARRANT COUNTY. TEXAS AND BEING RMOWN, AS LOT 1 414 BLOCK 8
OF THE PRESIDIO, AN •A010MON TO THE CITY OF FORT WORTH, 'TEXAS, ACCORDINGTO THE
PLAT THEREOF, AS. RECORDED IN CABINET "A" AT SLIDE 127196 Of THE PLAT RECORDS OF
TARRANT COUNTY, TES AND BEING MORE
RE PARTICULARLY DESCRIBED BY METES. AND
BOUNDS AS FOLLOWS-.
8EGINNM AT 5/8- IRON 000 FOUND FDA THE: NORTHEAST %CORNER. Or SAID 34-319
ACRE TRAER OF LAND ALSO BEWC THE NORTHWEST CORN411 OF A 44-219 ACRE TRACT OF
LAND DESCRIBED ICI .A DEED 70 LNR CPI ORES1010 A0ARTWNT.S. 1-14, AS RECORDED IN
COUNTY GLERKS FILE N6. D2073.81.129, D,RA).1C.T, AND A POINT IN. THE CENTERLINE OF
THE MITIGATION CORRIDOR AREA #2 AS RECORDED_ UNDER COUNT.Y. CLERKS FILE NO,
DZQ51 134,31 OF THE. DEED RECORDS OF TARRANT COUNTY,, -TEXAS-..
THEME WITH THE CENTEKINE OF SAID MITIOAMN CORRIDOR AREA #21 AS FOLLOWS.
(1) SOUTH 35' 03' Zl* EAST, A DISTANCE OF 153-10 FEET TO A POINT FOR CORNER,
(9) SOUTH 12' 25' SY EAST, A DISTA t OP 41A6 FEEL to A Pokt FOR 0Awk;
(3) SOUTH 01 * 0.7' .29* tAST...A.:DISTANCE OF 119-132- FEET TO A. polt4T FOR CORNER
(4) SOUTH 27 37' 12" EAST, A DISTANCE OF.69A3 FEET TO .A P0114T FOR OWNER;
(6) SOUTH ba 2V 161' WEST. A DISTANCE OF 58.05 FEET TO A POW FOR CORNER;
(6.) SOUTH 02.' 290 10" :15,43T, A DISTANCE OF :93.05 FEET TO A P094T FDA CORNER;
(7) SOUTH IV 37` :$54 :W., A WSTANCE OF 91,57 FEET TO A POINT FOR CORNM;
(6) SOUTH W 00` 00* MI FOR A, DISTANOE,OF.05165 FEET TO A. 5/8- IRON ROD :FOUND
f " 'R,10 .OR THE $OMEAr>,T CORNER Of $AI 0 THE m Of WAY . 0 LOT. -1 AND REIN IN - NOR -I
LINE OF PRESHNO VISTA .DRIVE (A-60'. RIGHT Or WAY);
THOXE NORTH 6W 54' 32" WEST WITH: tHt NORTH. RIGHT OF WAY OF SAO PRESIDIO VISTA.
1'� DRIVE FOR A DISTANCE OF 55.70 FEET TO THE BEGINNING OF A N0.0-TANGENT qURW TO
THE LEFT AND A POINT FOR CORNER.,
THENCE NORTHWESTERLY ALONG SAID. CURVE TO THE LEFT THROOGN. A CENTRAL ANGLE OF
221 14' 07' AND A RADIUS OF 730.00 FEET WITH A CHORD BEARING NO." 19' -58.1 V
WEST AT A iCHORD DISTANCE OF 28f.52 AND AN ARC LENGTH OF 281.30 FEET TO A 5/S'
IRON ROD FOUND FOR CORN ERi.
THE ICE SOUTH 85! 54' 21' WEST AND :FOLLOWING ALONG SAID NORTH RIGHT OF WAY LINE
OF PRE51DIG VISTA DRY *',Vi$.TAHM . OF 8,57, $3 FEET TO THE SEOWNIN16, OF A.
CORNER CUP IN THE EAST RIGNI OF WAY LIKE OF MARMON ROAD (A. VARIABLE WIDTH
RIO.HT: Of -WAY-) AND A 5/av' IRON ROD FOUND FOP CORNER;
THENCE NORTH 46* 4115' WEST WITH SAID CORNER CUP FOR A DISTANCE Of 14.04 FEET
I TO A 5/ IRON ROD. FOU 0 FOR: CQRK.R IN TH EAST RIGW OF WAY U[NE OF THE
I. . ...N. . . K
AFORESAID HARMON ROAD;.
THEME NORTH 00` IV 52. WEST (BASIS OF BE ARINOS ER P 'T NEC R., I A W . P LN 0 DEC) IN C 13 NV
'A' AT SLIDE 127-96 OF THE PLAT. RECORDS. OF TAR -RANT COVNLY, TEXAS) AND FOLLOWING
ALONG THE EAST LINE OF SAND HARMON, ROAD; SAME MOO THE WEST UNE OF LOT 1. FOR
A IDISTAWE OF 644,63 FEET TO THt NORTHWEST CORNER OF $AIJ) :3*,.3t-9 ACRERACT T- or
LAND, THE SOUT14 LINE OF CALLED 90 NORTH POW WOO.k. T1440T., AS RECORDED IN
COUNTY CLERICS FILE NO.0204307-925, O.R.T..C.T.., AND A IRON. ROD FOUND FOR THE
NORTHWEST CORNER OF SAIVLOT T;
THENCE: NORTH 0.9' W 102* EAST WIN THE SOUTH LINE OF VJ*10 $0 NOM f-OR.T. WOOTH
TRACT, AND THE NORTH LINE OF SAtV 344319 ACRE TRACT AND TK NORTH LANE OF SAID'
LW LOT t FOR A DISTANCE OF 1.627�38 FEET TO THE OF AND.
AND. CONTAININD
754,744 SSE FEET OR 17.2576 ADM OF LMD, MORE OR LESS..
2015 Easement Encroachment Agreement =Commcrclw Pap wof I I
PN t,8-00058 ktv. 1012017
Page 11 of 23
EXHIBIT "A"
M*p oflumachraent and. Easement
2015 Easement Encroachment Agreement -Commercial. Pap 11 of 1:1
PNI 8-00058 Rev. 10/2017
su
La
CD
w
0
N
w
t
I
SEWER
_ 3
,
I
EASEMENT
100-YR FLOODPLA1N !
; ,
I ;
FEMA PANEL 48439CO06
EFFECTIVESEPTEMBER:25.
DOUBLE SWING
GATE $' EA.:LEAFj
;`
2009
REVISED TO REFLECT LOMR:
. _ ;
20` SANITARY
11-1=2010 8� 05-29-2014
r '�"� .
EASEMENT
.
�
¢,217101003
..,
_..
MITiGAT1ON
ENCROACHMENT '
I E EASEMENT
CC# ID205113431
ENDPOINTScol
. .
BACKFLOW Y �d
I�
FLOOPPLAIN ; ,PROPOSED w.
EASEMENTIs
WE t
CAB. "All
fi
SL. i27-127-01 k. TIE
IRRIGATION
r S� i t 4 .. LINESIHEADS IN
---� , FLOODPLAINEASEMENT j 7
21,
a�
Lo
cu
o
h
N
w
R AGE
X
PROPOSED FENCE
100-YRFLOODPLAIN
FEMA PANEL 48439CO065K
EPFECThfE SEPTEMBER 2.5,
2009
AEVISEDTO REFLECT LOMR:
11-11401.04 05-29-2014
q 20! SMITARY SEWER
EASEMENT
it
1;
FLOODPLAIN EASEMENT
tCAB,"A'
SL 127W42797
W.- AP441 I AK T
-RFVVFA
rtGA`nON EASEMENT
CC# D205113431
PROPERWBOUNDAW,
IRRIGATION LINESMEADS IN
FLOODPLAIN EASEMENT
PROPOSED FENCE
N
Q .30s so., sAtiltvil, AA
J"M=MNr PIW M-10 TOWN. C—ENTER (PRASE U)
HORIZONtAL SCALE
ENCROACMUM
f
to
0
BURGESS & IVIPLE
1001 CQRPOWM K. W" Ilk STAFMWIX7747
PHONE (261 980-TM
IBPE FIRM REWRATM ft F-10834
NW 50'0.0'W -5.00!
z
La !oo-YR FLOOO'PLAIN
FEW PANEL 48439CO065K
EFFECTIVE SEPTEMBER 25,
2009
REVISED TO REFLECT LOMF;t
11 -1 74M0 & 05--20-204
W.
2W SANITARY SERVER.
EASEMENT
D2171,01003
�4
BLDIG
5-5-
FLOODPLAIN EASEMENT
CAB. -A-
12796-12797,
. .. ... ..... 9 ir&
HORIZONTAL.
SCALE
IRRIGATION LNESIHEADS IN
PWODPLAIN EASEMENT
PROPOSED FENCE MITIGATION EASEMENT
COO D051 13431
PROPgKTY SOUNDARY
t
I RRICAMN LINES* IN
FLOODPLAIN EASEMENT
PROPOSED FENCE
i&=li A.:5
BURGESS SE NIPLE
10701 CORPORATE M WTF tig. STAFFM, 1177477
PHONE (281) 9W-77S
TBPE RRM REGISTRATION NO, F-1"
Z'6
/ r
R.O.R.
SIDEWALK
2, A
PROPOSED FENCE
N65`164T.
100-YR FLOODPLAIN
FERIA PIANEL 40439CO066K
EFFECTIVE SEIPTEMBER 25.
2009
REVISED TO REFLECT LOM-R-;
1.
IRRIGATION UNMHEADS IN
FLOODPLAIN EASEMENT
112.20'
1014P im nn-a 11 x
0'00'W 7.5.0"
N. IV OV.E 22.17'
%$51, go, WIF I
ce 4w. -ww
PROPOSED MNCE
-,�SSMH
RIM-710.15
FL=702,45
N2-1- 3V 00"W 41.".
20! $AWARY SEWER
EASEMENT
Cal710'1003
"X'
PROPOSED 00610J
DOG PARK
. . . .......
...... . . . . . . .
. . . . . . IRRIGATiONLINESIHEADS: IN
FLOODPLAIN Wa ENT
NS So 5000 '00'W 14.' FLOODPLAIN EASEMENT
S-U-Q'1&'bV W. 403..... CAB. "A"
SL. 12796-12797
lb.
N65* -601 ww &(V AA
0 :30
'EASM= INCROAMM
HORIZONTAL SCALE
1.
MITIGATION EASEMENT
0205113431
PROPERTYS
y.
PROPOSED FENCE
BURWSS & NIPLE
MOW (2" W-M
TvK RW: FW.MM" NO, PVW�
-0
su
La
CD
-4
0
N)
CA)
El
P
20'$-ANIITARY SEWER'
EASEMENT PENCE
MOPOSED .O. P. =7101043
PRopsm BOUNDARY
DOG FENCE
DOUBLE SWAING S83' 56
GATE (8- EA. LEAF)
—.N890 00'02"E 2
N,
10'UTILITY EASEEMMT
�JP.O.Bm
CAB. "A", SL. 12796-1279.1
Isk FENCE PROPOSED FENCE.,
Rom Cm
SIDEWALK DOG FENCE
ENCROACHMENT -noK minGA EASWWT
ENDPOINTS
CCADMI-13431.
1:00-YR FLOO LAIN 49'W 112.20'
C=AAK'nAkj=J AbA'2tU-Q --1 I
I U
. .. -A
w8c"SEMMbeR 25,
2009
REVISED TO REFLECT LOW
1147-2010t0ri,29-2014
4'
FLOODPLAIN EASEMENT
CAB . 09
SL 1279&1.2.707..
0 30! j6V
HORIZONTAL SCALE
MONTION LINEWHEADSIN.,
FLOODPLAIN EASEMEOT
Is.
N. IV OWE 11.86`
N.34" lb'00"E 22.!'P'
GM 8666 w om
S34" 10 00"1N 14.W
A,.7
PR=10.101N CENTER (PHM Ill
'EASE]WENT EN-CROACkWENT
,,SSMH
RIM=710.15
FL-70-2-45.
a 3W 00"W 41 PV
!(.Y SANITARY
'SEVVER
EASEMENT
BURGESS & NIPLE
10101, oRpm1fDR, %M 114, STAFFORD. TX TATT
woe (W)
TOPE FfW REGISMATON M f4MM
Page 19 of 23
CIRCUS
FLAT
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EXHIBIT A.8
FENCE DETAIL:
13URGE S &. N1PLE
,P�i IU TOWN C P E I1 mre ,surE»s,sr, FF .nc rr
EA EI I�NT ENCRt A H IENT `XE
tBPEFIRMRE(,�STi�kd7(L 1faF-0f1 ,
CC MAX...... � ....... k-w AC mAt ' �`
�'_.'A'. at yY -D' OCW"
.Al sue`.-�.
-
!s '�
Gq
A
qYQ %
NFNFY 4ytY
or Affmw
i
ii
fi
f
1111 —
r
>n
aurae
F
WUBI..E t
SANITARY
SEA
EASEmEw _
)M N
RW=7,07,8
I
t
k OCAfit4N tF
ENaXACHMENT
FL �
—W& _
i
HORIZONTAL. URGES - N11PLE
PUSIDIQ TM CENTER (PRA .. III ,�, ����� tE �� g ►�.� �qrr
;',i po.
FMMNT E�NCROACHMENTi�PE FpiM R&GIS'fRAT14N N0: f-40834
■
Posr'To
PLACM
ouYsWE
EX 2w
WREum
w aw,
. . ... .....
I V"
16� 2(Y SVWWY SMIM
EASEWW
SANITARY
R
EASEMENT
DOUBLE SWNG LOCATIOM CF.
-I:VJT
GATE W Ek. L" ENOROACH MENT
xxhibili AJ0
0 wFENCE: RNCROACHUM PROFRE (2 OF 2'
& NIPLE
Pmmio TO" BURG
imm booWat DK.mm,fiaLzrAwm,"rx mn
HORIZ4()WAL SCALE
'MMENT INCROACMIM;
CD
0
h
EXHIBIT B, REVISED
CERTIFICATE OF INSURANCE
(see attached)
Encroachment Assignment Agreement Page 8 of 8
Rev 12/2022