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HomeMy WebLinkAboutContract 52272-CA1Date Received: 3/20/2024 Record Number: PN23-00039 Time Received: 2:48 p.m. City Secretary Number: 52272-CAl ASSIGNMENT AND CONSENT OF PUBLIC RIGHT — OF - WAY ENCROACHMENT AGREEMENT City Secretary Contract No. 52272 THIS ASSIGNMENT OF ENCROACHMENT AGREEMENT ("Assignment") is made and entered into as of this 20th day of March , 2024 , by and between the CITY OF FORT WORTH, a Texas home -rule municipal corporation ("City"), Jefferson Oakhurst Scenic, LLC, a Delaware limited liability("Assignor"), and Luxia River East, LLC, a Delaware limited liability company ("Assignee"). Sometimes herein City, Assignor, or Assignee may also be referred to individually as a "Party" or collectively as the "Parties." WITNESSETH: WHEREAS, the City entered into an Encroachment Agreement, City Secretary Contract No. 52272 (the "Encroachment Agreement"), on the 6th day of May, 2019, with Assignor, the owner of certain real property more particularly described in the attached Legal Description (the "Property") located adjacent to or near the City's right-of-way on which the encroachments are located. The encroachments are more particularly described in the Encroachment Agreement, attached hereto as "Exhibit A" and incorporated herein by reference for all purposes, and are referenced therein and herein as the "Improvements"; WHEREAS, the Encroachment Agreement was recorded the 13th day of May, 2019, as Instrument No. D219100917 in the Real Property Records of Tarrant County, Texas; WHEREAS, Assignor desires to assign the Encroachment Agreement to Assignee located at 336 Oakhurst Scenic Drive which was sold to the assignee on November 22, 2021 (the "Sale Date"); 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. Encroachment Assignment Agreement OFFICIAL RECORD Page 1 of 9 CITY SECRETARY Rev 12/2022 FT. WORTH, TX 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 Sale Date, to Assignor's actual knowledge, Assignor is not in default of any of its obligations contained in the Encroachment Agreement. Assignee represents, warrants, and covenants with the City that during the period from the Sale Date to the Effective Date, to Assignee's best knowledge, Assignee is not in default of any obligations outlined 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. CijY Development Services Department 200 Texas Street Fort Worth TX 76102 Attention: Director Assignor Jefferson Oakhurst Scenic, LLC 600 E. Las Colinas Blvd Ste 1800 Irving, Tx 75039 Encroachment Assignment Agreement Page 2 of 9 Rev 12/2022 Assignee Luxia River East, LLC 82 Armstrong Dr Mustang, Oklahoma 73064 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 9 Rev 12/2022 ASSIGNOR: Jefferson Oakhurst Scenic, LLC a Delaware limited liability company By: nn II Name: LW� Title:C Date: STATE OF § COUNTY OMS § BEFORE ME, the undersign authoriil�y Notary P�bl'cl in and for�the Stat of , on this day personally appeared f�j�,� I�.i.�,j�,Ea1,i? �, . k own tome to be the person whose name is subscribed to the fo� going instrument, and cknowledged to me that he or she executed the same for the purposes and consideration therein expressed, as the act and deed of Jefferson Oakhurst Scenic, LLC, a Delaware limited liability company, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this r - day of �ev iwcv , 20-2q . J ��► _ /,t�NF, ;?"�•r`''S%: KAWSSANOELLE H/iRDING Encroachment Assignment Agreement Page 4 of 9 Rev ] 2/2022 ASSIGNEE: Luxia River East, LLC a Delaware limited liability company by: Schuminsky Multifamily, LLC a D=Ire limited liability company tainLy member Name: Mark McDowell Title: Vice President Date: February 19, 2024 STATE OF OKLAHOMA § COUNTY OF CANADIAN § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Oklahoma, on this day personally appeared Mark McDowell, Vice President (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 Luxia River East, LLC, a Delaware limited liability company GIVEN UNDER MY HAND AND SEAL OF OFFICE this 20 •�`(Jr jiOTARj' NI " 0= oa ` P .. �. o�narlr = e' Notary Public in and for the State of Oklahoma "''4OF,°,X',;A°°`' Encroachment Assignment Agreement tq4- day of Page 5 of 9 Rev 12/2022 APPROVED AS TO FORM AND LEGALITY: Jeremy Anato-Mensah, Assistant City Attorney City Attorney's Office Date: M a r 20, 2024 q.0g44pnn� �po�°FORr�aaa o P~o o.1d v° °=d Oho oit�d ATTEST: �aaa °r°°°°°°5°pa ��nEXAaa Jannette Goodall City Secretary (M&C not Required) Date: Mar 20, 2024 CITY OF FORT WORTH DaG m ,7. tfavl-eU Dalton J. Harrell (Mar 20, 202413:06 CDT) DJHarrell, Director Development ,Services Department Date: Mar 20, 2024 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 reporting requirements. Rebecca Diane Owen (Mar 20, 202412:48 CDT) Rebecca Owen Development Manager Date: Mar 20, 2024 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Encroachment Assignment Agreement Page b of 9 Rev 12/2022 STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the 20th day of March 20 24by 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. L BEp,RpSLEE D I( Pe`J WENNotarpublc i y AS OF TEX ° * STATE 13323719 3 Q Notary I •EXp. }uly 28, 2025 I �9rE OF} fJIY Comm • - - y - Cif/k�RL� Notary Public, State of Texas Encroachment Assignment Agreement Page 7 of 9 Rev 12/2022 EXHIBIT A ORIGINAL AGREEMENT WITH ATTACHED EXHIBITS Encroachment Assignment Agreement Page 8 of 9 Rev 1212022 PN 18-00169 CITY SECRETARY CONTRACT NO. T a P-7 a PUBLIC RIGHT-OF-WAY ENCROACHMENT LICENSE AGREEMENT COAIAIER021 r 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 Department Director, and Jefferson Oakhurst Scenic, LLC, a Delaware Iimited liability company ("Licensee"), owner of the real property located at NEC of Belknap and Oakhurst, NWC of Gillis and Juanita, Foil Worth, Texas 76111 ("Property"), acting by and through its duly authorized Senior Vice President. 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 A" and incorporated herein for all purposes; and WHEREAS, the City has a street, alley, sidewalk, and/or other public right-of- way (individually or collectively, the "Public Right -of -Way") adjacent to the Property as shown on the map attached to this Agreement as "Exhibit B," which is incorporated herein for all purposes; and WHEREAS, Licensee desires to construct/place and maintain certain improvements which will encroach in, on, above, or below the Public Right -of -Way; and WHEREAS, to accommodate the needs of the Licensee, the City will allow the encroachfnent 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 Licensee of the fee set out below and covenants and agreements hereinafter contained to be kept and performed by Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and occupy a portion of the City's Public Right -of -Way as described in and at the location shown on Exhibit B, but only to the extent shown thereon, for the purpose of installing a private storm pipe (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within the Public Right -of -Way. Licensee shall not expand or otheiuise cause the Encroachment to further infringe in or on the Public Right -of -Way beyond what is specifically described in the h. exhibit(s) attached hereto. Jn'Pnk ROW Encroachment Agreement -Commercial Page 1 of 12 Revised 12/2018 9 All construction, .maintenance, or operation in connection with such Encroachment, use, or 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 the securing the approval and consent of the appropriate utility companies and agencies of the State of Texas and its political subdivisions. In the event that any installation, reinstallation, relocation, or repair of any existing or future utility or improvements owned by or constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance, or existence of the Encroachment and use, Licensee shall pay to City an additional amount equal to such additional cost as 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 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 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 Public Right -of -Way 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 ROW Encroachment Agreement -Commercial Page 2 of 12 Revised 12/2018 restore the Public Right -of -Way, licensee hereby gives 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 in the sum of Five Hundred Dollars ($500.00). Additionally, Licensee agrees to pay a fee in the amount of $1.44 per square/linear foot of the encroachment area upon execution of this Agreement and annually thereafter, 7. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by City, However, 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 Public Right -of -Way to be used and encroached upon is held by City as trustee for the public; that City exercises such powers over the Public Right -of -Way as have been delegated to it by the Constitution of the State of Texas or by the Texas Legislature; and that City cannot contract away its duty and its legislative power to control the Public Right -of -Way for the use and benefit of the public. It is accordingly agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the Public Right -of -Way to be used for any other public purpose, including but not being limited to underground, surface, or overhead communication, drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not, that the parties agree to negotiate in good faith in order to accommodate the Encroachment and the public purpose. ROW Encroachment Agreement -Commercial Page 3 of 12 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 KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES. 10. While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance naming City as certificate holder as proof that is has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and described in Exhibit 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 C" 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 ROW Encroachment Agreement -Commercial Page 4 of 12 Revised 12/2018 restoration of the Public Right -of -Way. All insurance coverage rewired 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. U Licensee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant, or employee of City, and Licensee shall have exclusive control of and the exclusive right to control the details of its operations, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. The doctrine of respondeat superior shall not apply as between City and Licensee, its officers, agents, servants, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Licensee. 15. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain, and locate the Encroachment over or within the Public Right -of -Way and is not a conveyance of any right, title, or interest in or to the Public Right -of -Way, 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. ROW Encroachment Agreement -Commercial Page 5 of 12 Revised 12/2018 16. In any action brought by the City for the enforcement of the obligations of the Licensee, City shall be entitled to recover interest and reasonable attorneys' fees, 17. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. 18, Licensee covenants and agrees that it will not assign all or any of its rights, privileges, or duties under this Agreement without the written approval of the City, and any attempted assignment without such written approval shall be void, In the event Licensee conveys the Property, Licensee may assign all of its rights and obligations under this Agreement to the new owner of the Property, and Licensee shall be deemed released from its duties and obligations hereunder upon City's approval in writing of such assignment, which approval shall not be unreasonably conditioned or withheld, Foreclosure by a secured lender of Licensee or assignment to a secured lender by Licensee in the event of default or otherwise shall not require City approval provided that said lender notifies City in writing within sixty (60) clays 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] ROW Encroachment Agreement -Commercial Page 6 of 12 Revised 12/2018 City: CITY OF FORT WORT By: ° Randle Harwoi, Director Planning & Develop ent Date: /44 4 r ATTEST: ' ity Secre aiy A'_ ROW Encroachment Agreement -Commercial Licensee: ,Jefferson Oakhurst Scenic, LLC a Delaware LIMI' l. rbilily my By: ✓ r -3 Name: Matt Brendel Title: S7(� Vic President Date: �9 Approve - s To Form and Legality Trey Qua k Assistant City Attorney Contract Compliance Manager: By signing 1 acknowledge that i am the person responsible For the monitoring and administration of this contract, including ensuring al I performance and reporting requirements. f � Janie S. Morales [/ velopment Manager Page 7 of 12 Revised 12/2018 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 Randle Harwood, 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 thisLL_day of 201t ram- _ �..�� P)th Notai ublic in ande S a o� y After recording return to: Planning & Development Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 ROW Encroachment Agreement -Commercial �rurlri,,, JEN+ F_R rnrnva.�f LciU SC F-CR fA�r: 0 N','4rY�':,toirr, afBlbq� rq,�,; Page 8 of 12 Revised 12/2018 STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, a Notary Public in and for the State of (� on this day personally appeared Matt Brendel, Senior Vice President, (Title) known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that lie or she executed the same for the purposes and consideration therein expressed, as the act and deed of Jefferson Oakhurst Scenic, LLC, a Delaware limited liability company (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ��r��day ofrj , 20 10 . Notary Public in and for the State of ROW Encroachment Agreement-Conirnercial KAF tSSA NOELLE HARMING Nolay to a>>aosase MY Cammissbn Expires February 7. 2022 Page 4 of 12 Revised 12/2018 EXHIBIT A Legal Description of JPI Property LOT AR, McGINNIS TRACT and LOT 3R, BLOCK 2, CLIFF ADDITION an addition to the City of Fort Worth, Tarrant County, Texas and being a replat of all of Lot A, McGINNIS TRACT, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in Volume 388-47, Page 899, Plat Records, Tarrant County, Texas, all of Lots 3 and 4, Block 1, and Lots 3 through 16 and 19 through 24, Block 2, CLIFF ADDITION, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in Volume 490, Page 547, Plat Records, Tarrant County, Texas all of Lots 7 through 14, Block 1, AKERS & AIKMAN SUBDIVISIONS, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in Volume 310, Page 24, Plat Records, Tarrant County, Texas, all of Juanita Street abandonment, according to City Ordinance No. 23363-08-2018 all of Marshall Avenue abandonment, according to City Ordinance No. 23363-08-2018 all of East Belknap Street abandonment, according to City Ordinance No. 23363-08-2018 and being a part of the JOHN LITTLE SURVEY, Abstract No. 958, Tarrant County, Texas. ROW Encroachment Agreement -Commercial Page 10 of 121 Revised 12/2018 EXHIBIT B Encroachment Exhibits and Metes and Bounds Legal Description of the encroachments ROW Encroachment Agreement -Commercial Page 11 of 12 Revised 12/2018 LEGAL DESCRIPTION RIGHT-OF-WAY ENCROACHMENT BEING a 1,260 square foot (0,0287 acre) tract of land situated In the John Little Survey, Abstract No, 958, City of Fort Worth, Tarrant County, Texas; said tract being part of Gillis Street (a 50' right-of-way); COMMENCING at a 5/8" Iron rod with red "KHA" cap found In the north line of said Gillis Street; said point being the most southerly southwest corner of Lot 3R, Block 2, Cliff Addition, an addition to the City of Fort Worth according to the plat as recorded in Instrument No. 0219057438 of the said Official Public Records of Tarrant County, Texas; THENCE N 89"49'42" E, along the said north One of Gillis Street, a distance of 25.63 feet to the POINT OF BEGINNING; THENCE N 89049'42" E, continuing along the said north line of Gillis Street, a distance of 25,00 feet to a point for corner; from said point a 112" iron rod found at the intersection of the said north line of Gillis Street and the west right-of-way line of Juanita Street (a variable width right-of-way) bears N 89e49'42" E, a distance of 99.34 feet; THENCE &001018" E, departing the said north line of Gillis Street, a distance of 50.00 feet to a point for corner In the south line of said Gillis Street; THENCE S 89049'42" W, along the said south line of Gillis Street, a distance of 25.00 feet to a point for corner; THENCE N 0e10'18" W, departing the said south line of Gillis Street, a distance of 50.00 feet to the POINT OF BEGINNING and containing 1,250 square feet or 0,0287 acres of land, more or less. NOTES Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202), with an applied combined scale factor at 1.00012. A survey plat of even survey date herewith accompanies this metes & bounds description. The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the encroachment tract. EXHIBIT "B" RIGHT-OF-WAY ENCROACHMENT JOHN LITTLE SURVEY, ABSTRACT NO. 958 /MICHAEL co #:' C. BILLINGSLEY * CITY OF FORT WORTH, REGISTERED PROFESSIONAL MICHAEI. CLEO BILLINGSLEY TARRANT COUNTY, TEXAS LANs] SURVEYOR NO, 6568 801 CHERRY STREET, '� 6558 UNIT 11 SUITE 1300 ,0 �y' �oF55g>OP'44 �� Kimlleov*Horn FORT WORTH, TEXAS 76102 PH. 817-335-6511 `L� F801 o 1 Wonh Toms UnIt 1 , 9130o AlFIKI 10194040 TT 4kr 7h m5cam 1 michael.billingsley@kimley-horn.com Stale Orewn by N/A CUP I Checked by MCS DataP 12lt61201a f o 064446443 eel So. I 1 OF2 SILLINGSLEY, MICMEL 4/49I2019 9:3T AM K*TW_Sl1RVEY4064446443-DAKHUST SCENIC 21OW04064446443. OAKHU ST SCENIC -ROW ENCROA C HMENT.pWG jl�� 0FF2TH LINE TABLE NO. BEARING LENGTH 10 20 L1 N89'49'42"E 26.00= GRAPHIC SCALE IN FEET L2 $00'10'18"E 60.00' L9 889'49'42"W 25,00, I L4 N00'10'18"W 50,00' 618' CIRF "KHA" P.O.B. {C,M.) 1 ,� ...� III �_ .. ..•..-- �. ...� 26,63' N89'49'42"E P.Q.C. \ n J LEGEND P.O,C. POINT OF COMMENCING P,O,B, POINT OF BEGINNING C,M, = CONTROLLING MONUMENT CIRF = CAPPED IRON ROD FOUND IRF = IRON ROD FOUND NOTES 11 I I LOT 3R, BLOCK 2 LIJ CLIFF ADDITION LIJ (INST. NO. D219057438) JEFFERSON OAKHURST I SCENIC, LLC I (INST. NO, D218235093) Z Q N89'49'42"E 99� 34' 11z"IRF � RIGHT-OF-WAY ENCROACHMENT 0.0287 ACRES 1,250 SQ. FT. GILLIS STREET 0V PUBLIC RIGHT -OF -WRY} LOT AR McGINNIS TRACT (INST. NO. D219057438) JEFFERSON OAKHURST SCENIC, LLC (INST NO. D218236093) Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202), with an applied combined scale factor at 1.00012, 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 tract. EXHIBIT "B" RIGHT-OF-WAY ENCROACHMENT VBILLINGSLEY �E 0F,, r JOHN LITTLE SURVEY, zi�/� �,tisTABSTRACT �ICHA:E NO. 958 C. :' * CITY OF FORT WORTH, REGISTERED PROFESSIONAL MICHAEL Ct.EO BILI.INGSLEY TARRANT COUNTY, TEXAS LAND SURVEYOR NO. 6668 CHERRY STREET, ••.••..••••••• ° 6558 �• UN UNIT 11 SUITE 1300 �Q'FESS�a� 04 y0 Kimlev*Horn FORT WORTH, TEXAS 76102 PH. 817-335-6611 �'�'�V Ey [[ FotNwlh,Te s 781�02 �13FIRMN10194040 w),WN mG ey 5mm1 michael.billingsley@kimley-horn.com Su1e D 4'=20' ODP ,dby Dale I lxlerzole Pr eN o oe444B, Shee[No, 120F2 31LLINGSLEY, MICHAEL 4119/2019 9:31 AM K-.WTW_SURVEYl0e4449443•OAKHUST SCENIC ZOWGW644-0443.OAKH RST SCENIC• , CW ENCROACHMENT.WNG FBe: N:\FTW_Cfv€I\D6x44fi�d3-JPI-{lakhursl Scenic\D41C\OOe-Encoachmenl Overa11-00khursl.dwq [LayouiY (2)1 2/15/2012 9; 22om Xrefs: xbourdary-OakhUrsl.dwq xExSlte-Oakhurst.dwq xexutli-Mhurst.dwq xSite-Qakhufst.dwq xSile-Stfeels-aakhurst.dwq xstrm-Oakhurst.dwa WHI-00khurst.dwq X8511--L,dwq xslie-Oakhurst-TxOOT,dwg xeoseY - �� z 1t tirF - AKERS AVENUE i7sa-rJr ftiil�t7z'1P iti-� '�1J11J111117.11-eitiYrn�i rLY"'-,• li l�iIT��f1�T�-i I.J. 111 i_ 1111_ 1 I I LI - =4'1 jjjj to I� m;u \ Mo II `. �- - r�no E _I 1 Ur k GILLIS STREET rs�L x {II - P I 1r Z � ` � �� _ ��... � � 1 -. -r._. _ _ _•� ___ _..._ _-__ __ r... ...E 1 1'1 tl — is �' i 1 111t !: � I � •'�,_: s "yV' �' i` !•i ! 1� j l �� :' it - y)? ii ' zm y \L! . NbRTH +C m _. -n , i FUe K:\F7W—CiHI\064446443-JPl-03khurat Scenfc\OYlG\60e—fr.caochrnenl Layouts—Dokhursl.Owq (RIGHT OF Y{AY) 2/15/2019 9:lEam ' Xreis: xboundory—Dakhursf.dwg AxSlte—Oakhurst.dwq xSHe—DgkhursLdwg xVe—Streets—Ookhursf.dwq xslrro—Ookhursl.dwq xUtl—Dokhursl.dwq XB51t—L.dwq xs11e—OokhQrst—%OOT,dxg xeoser X ^ UJ z O n 111 z n X d D 0T .r Z m z a r- m 0 0 m m m q 0 C- 3Q LF OF 8 I 24 HDP i I - i PARTIAL FLOW y� V = 4-09 fps ti bV' GiLL1S ST I Iv- 5.:'j - RIGHT OF WAY ..ENCROACHMEMT)-- d i fl2' o x I I o �W W i i i - - o PROPOSED GRAFoE y 1 , iP PROPOSED x 1II"-WA--T!ER LINE-- - —' a% FL:544.4 9 L PROPOSED_. - 01. $ 8" SEWER LINE-. FI-542-07 a 4 -- -. -' -.- f am Ea ! N PARTIA FLOW F i I x ) ^f1 n3 t f Y j I OF fc 4k RIGHT OF WAY ENCROACHMENT I Klrrlley»)Horn EXHIBIT B, REVISED CERTIFICATE OF INSURANCE Encroachment Assignment Agreement Page 9 of 9 Rev 12i2422