HomeMy WebLinkAboutContract 52273-CA1Date Received: 3/27/2024 Record Number: PN23-00107
Time Received:
8:59 a.m.
City Secretary Number: 52273-CA1
ASSIGNMENT AND CONSENT OF EASEMENT ENCROACHMENT AGREEMENT
City Secretary Contract No. 52273
THIS ASSIGNMENT OF ENCROACHMENT AGREEMENT ("Assignment") is
made and entered into as of this 27th day of April , 20 24, 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. 52273 (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. D219100918 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.
C y
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: 31
Name:l VTW ��
TitleoUkwki w � '
Date: )U,; q
M -
STATE OFF -{!,it,} §
COUNTY OF� §
BEFORE ME, the undersigRe4 authon y, Awn
y Publi in and for the St to �{-�(j , on
this day personally appeared _ OIJI OW iMi2& i;%C o l , known to me to
be the person whose name is subscribed to the for4oing 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 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 day of
20 1.
J
Notary Public in and for the
State of
Encroachment Assignment Agreement
KARMSA NOELLE HARDING
My Wary ID#11406=
Expires February 7, 2026
Page 4 of 9
Rev l2'2022
ASSIGNEE:
Luxia River East, LLC
a Delaware limited liability company
by: Schuminsky Multifamily, LLC
a Delaiy4Te limited liability company
its nuff
miing member
By:
Name: i ark 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
J i ,EP • iy�.
c��4� **D*Uif`'50
WW 03=W?r
Notary Public in and for the State of Oklahoma
Encroachment Assignment Agreement
t44V 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: Mar 20, 2024
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Jannette Goodall
City Secretary
(M&C not Required)
Date: Mar 26, 2024
CITY OF FORT WORTH
Oal-f-on .T {%G rt ell
Dalton J. Harrell (Mar 20, 2024 13:07 CDT)
DJ Harrell, 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
,Z,,4, nk,,,P& , orting requirements.
Rebecca Diane Owen (Mar 20, 2024 12:48 CDT)
Date: M a r 20, 2024
Rebecca Owen
Development Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Encroachment Assignment Agreement Page 6 of 9
Rev 12i2022
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on the 20th day of March . 20 24byD3 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.
DSLEE
pu's WENNDotaryB Public
z°
*�* STATE I.D.1 TEXAS
Notary . 13323719 3
of�}e My Comm. Exp: July 28, 2025
Encroachment Assignment Agreement
Notary Public, State of Texas
Page 7 of 9
Rev 12/2022
EXHIBIT A
ORIGINAL AGREEMENT WITH ATTACHED EXHIBITS
Encroachment Assignment Agreement Page 8 of 9
Rev 12/2022
CONTRRAC NO Y 52a-73
EASEMENT ENCROACHMENT LICENSE AGREEMENT
Commercial
THIS AGREEMENT is made and entered into by and between THE CITY OF
FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ('`City"),
acting by and through its duly authorized City Manager, Assistant City Manager, or
Planning and Development Director, and Jefferson Oakhurst Scenic, LLC, a Delaware
limited liability company ("Licensee"), owner of the real property located at NEC of
Belknap and Oakhurst, NWC of Gillis and Juanita, Fort 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 15-ft wide sanitary sewer easement (the
"Easement") in 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/or maintain certain
improvements which will encroach in, on, above, or below the City's Easement in four
separate locations; 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 B, but only to the extent shown thereon, for the purpose of installing a private
storm system, water line and gate (collectively 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
-!.,Easement Encroachment Agreement - Commercial Page 1 of 13
Revised 12/2018
�� 0
eoV
Encroachment to further infringe in or on City's Easement beyond what is specifically
described in the exhibk(s) attached hereto.
2.
All construction, maintenance, or operation in connection with such
Encroachment, use, and occupancy shall comply and be performed in strict compliance
with this Agreement and with the Charter, Ordinances, and Codes of the City, and in
accordance with the directions of the Director of the Transportation and Public Works
Department or the Director of the Water Department, or their duly authorized
representative. Prior to the construction of the Encroachment, Licensee shall submit all
plans and specifications to the applicable Director or duly authorized representative.
Licensee shall not commence construction of the Encroachment until such approval shall
be indicated in writing by the applicable Director or authorized representative. However,
such approval shall not relieve Licensee of responsibility and liability for concept, design,
and computation in the preparation of such plans and specifications.
Ki
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
Easement Encroachment Agreement - Commercial Page 2 of 13
Revised 12/2018
Water Department, or their duly authorized representative, in accordance with then -
existing City specifications. It is understood and agreed to by Licensee that if this
Agreement terminates and Licensee fails to remove the Encroachment as directed and
restore the Easement, Licensee hereby gives the City permission to remove the
Encroachment and any supporting structures and assess a lien on the Property for the
costs expended by the City in taking such actions.
6.
In order to defray all costs of inspection and supervision which the City has
incurred or will incur as a result of the construction, maintenance, inspection, or
management of the encroachments and uses provided for by this Agreement, Licensee
agrees to pay to City at the time this Agreement is requested an application fee of in the
sum of Five Hundred Dollars ($500.00).
7.
The 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.
Easement Encroachment Agreement • Commercial Page 3 of 13
Revised M2018
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 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 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.
Easement Encroachment Agreement - Commercial Page 4 of 13
Revised 12/2018
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.
Licensee agrees to deposit with the City when this Agreement is executed a
sufficient sum of money to be used to pay necessary fees to record this Agreement in the
real property records of Tarrant County, Texas. After being recorded, the original shall be
returned to the City Secretary of the City of Fort Worth.
12.
Licensee agrees to comply fully with all applicable federal, state, and local laws,
statutes, ordinances, codes, and regulations in connection with the construction,
operation, and maintenance of the Encroachment and uses.
13.
Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for
by this Agreement or by any federal, state, or local statute, law, or regulation.
14.
Licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as an officer, agent,
servant, or employee of City, and Licensee shall have exclusive control of and the
exclusive right to control the details of its operations, and all persons performing same,
and shall be solely responsible for the acts and omissions of its officers, agents, servants,
employees, contractors, subcontractors, licensees, and invitees. The doctrine of
respondeat superior shall not apply as between City and Licensee, its officers, agents,
servants, employees, contractors, and subcontractors, and nothing herein shall be
construed as creating a partnership or joint enterprise between City and Licensee.
15.
Licensee agrees and acknowledges that this Agreement is solely for the purpose of
permitting Licensee to construct, maintain, and locate the Encroachment over or within
the Easement and is not a conveyance of any right, title, or interest in or to the Easement,
nor is it meant to convey any right to use or occupy property in which a third -party may
have an interest. Licensee agrees that it will obtain all necessary permissions before
occupying such property.
Easement Encroachment Agreement - Commercial Page 5 of 13
Revised 1212018
16.
In any action brought by the City for the enforcement of the obligations of the
Licensee, the City shall be entitled to recover interest and reasonable attorneys' fees.
17.
The parties agree that the duties and obligations contained in Section 5 shall
survive the termination of this Agreement.
18.
Licensee covenants and agrees that it will not assign all or any of its rights,
privileges, or duties under this Agreement without the written approval of the City, and
any attempted assignment without such written approval shall be void. In the event
Licensee conveys the Property, Licensee may assign all of its rights and obligations under
this Agreement to the new owner of the Property, and Licensee shall be deemed released
from its duties and obligations hereunder upon City's approval in writing of such
assignment, which approval shall not be unreasonably conditioned or withheld.
Foreclosure by a secured lender of Licensee or assignment to a secured lender by Licensee
in the event of default or otherwise shall not require City approval provided that said
lender notifies City in writing within sixty (60) days of such foreclosure or assignment and
assumes all of Licensee's rights and obligations hereunder. However, no change of
ownership due to foreclosure or assignment to any secured lender of Licensee shall be
effective as to City unless and until written notice of such foreclosure or assignment is
provided to City.
19.
Any cause of action for breach of this Agreement shall be brought in Tarrant
County, Texas, This Agreement shall be governed by the laws of the State of Texas.
20.
This Agreement shall be binding upon the parties hereto and their successors and
assigns.
21.
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument.
Easement Encroachment Agreement - Commercial Page 6 of 13
Revised 12/2018
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Easement Encroachment Agreement • Commercial Page 7 of 13
Revised 12/2018
City:
CITY OF FORT WORTH
By:
iAA41-
Randle Harwood, Director
Panning & Deve1 me
Date: Date:
ATTEST:
Licensee:
Jefferson Oakhurst Scenic, LLC
A Delaware Limit .lability C ny
By: = C
Name: Matt Brendel
Title: Senior Vice President
Approved As To Form and Legality
o FORS �p
3'
;T A;:
.� CL
] KuaLw
(/ f ssistant City Attorney
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of s co ract, ' chiding ensuring all performance
an eporting requirements.
?A I
mot/
Janie S. Morales
Development Manager
Easement Encroachment Agreement - Commercial Page 8 of 13
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 thisday of
20-.
qNotaPublic in )Vor he Stat of Texas
0 JENNIFER LOUISE EZERNA4iK
:i �:Nctary Public, State of Texas
'�� Comm. Expires 03-01-2020
°;�„�� Notary ID 13068163,1
After recording return to:
Planning & Development
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
Easement Encroachment Agreement - Commercial Page 9 of 13
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 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 (entity type), and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this;r"ay of 44
20 [ r .
"RWA N0EL:E NAB RQ�,
Notary Public in and for the LLVJJ (� Notary$001140633g
My c0:nmissb, eX�;rBs
State oQA6 FeEroa%7.2022
Easement Encroachment Agreement - Commercial Page 10 of 13
Revised 12/2018
EXHIBIT A
Legal Description of JPI Property
LOT AR, McGINNIS TRACT
and
LOT 311, 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 38847, 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.
Easement Encroachment Agreement - Commercial Page I 1 of 13
Revised 12/2019
EXHIBIT B
Encroachment,Exhibits and Metes and Bounds Legal Description of the
encroachments
Easement Encroachment Agreement - Commercial Page 12 of 13
Revised IV2018
LEGAL DESCRIPTION
EASEMENTENCROACHMENT
BEING a 413 square foot (0,0095 acre) tract of land (TRACT 1), a 319 square foot (0,0073 acre) tract of land
(TRACT 2), a 705 square foot (0.0162 acre) tract of land (TRACT 3) and a 375 square foot (0,0086 acre) tract of land
(TRACT 4) situated in the John Little Survey, Abstract No, 958, City of Fort Worth, Tarrant County, Texas; said tracts
being part of Lot 3R, Block 2, Cliff Addition, an addition to the Clty of Fort Worth according to the plat recorded in
Instrument No, D219057438 of the Official Public Records of Tarrant County, Texas; said tracts being part of those
tracts of land described in Special Warranty Deed to Jefferson Oakhurst Scenic, LLC recorded in Instrument No.
D218235093 of said Official Public Records;
TRACT 1
COMMENCING at a 5/8" iron rod with red "KHA" cap set at the southwest corner of Lot 12, Block 1, Akers & Aikman,
an addition to the City of Fort Worth according to the plat recorded in Volume 310, Page 24 of the Plat Records of
Tarrant, County, Texas;
THENCE South 89'45'01" East, along the south line of said Lot 12, a distance of 42.71 feet to a point; from said point
a 518 iron rod with red "KHA' cap set at the southeast comer of Lot 11, Block 1 of said Akers & Alkman Addition
bears South 89'45'01" East, a distance of 57.71 feet;
THENCE South 00'03'27" East, departing the said south line of Lot 12, a distance of 25.41 feet to the POINT OF
BEGINNING;
THENCE South 89'59'31" East, a distance of 15.00 feet to a point for comer,
THENCE South 0'03'27" East, a distance of 27.50 feet to a paint for comer,
THENCE North 89'59'31" West, a distance of 15.00 feet to a point for corner;
THENCE North 0'03'27" West, a distance of 27.50 feet to the POINT OF BEGINNING and containing 413 square
feet or 0.0095 acres of land, more or less.
TRACT 2
COMMENCING at a 5/8" iron rod found at a reentrant corner In the west tine of said Lot 3R; said point being in the
former south line of the Marshall Avenue, abandoned by City of Fort Worth Ordinance No, 23363-08-2018;
THENCE North 89'57'40' East, along the said south line of the abandonment, a distance of 111.93 feet to a point;
from said point a 6/8" iron rod found in the west line of Juanita Street (a variable width right-of-way) bears North
89'57'40" East, a distance of 87.84 feet, thence North 89'22'08" East, a distance of 49.87 feet, thence South
89'51'50" East, a distance of 100.29 feet;
THENCE North 00'02'26" West, departing the said south line of the abandonment, a distance of 39.53 feet to the
POINT OF BEGINNING;
THENCE North 0'03'27" West, a distance of 21.20 feet to a point for corner;
THENCE North 89'56'22" East, a distance of 15.00 feet to a point for comer,
THENCE South 0"03'27" East, a distance of 21.26 feet to a point for comer,
THENCE North 89"49'21" West, a distance of 15.00 feet to the POINT OF BEGINNING and containing 319 square
feet or 0,0073 acres of land, more or less.
EXHIBIT "B"
EASEMENT ENCROACHMENT
JOHN LITTLE SURVEY,
ABSTRACT NO. 958
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
Kimley*Horn101v1pt7t3356611
FOR Werth Te"g 61¢2 FIRl1►,ot4"NO .. Wr'44y-tmmoun
6faw tv Pwo No., I s'rw No.
WA CDP MCB outnrmt9 "46443 t OF$
:ILUNGSLEY, MICHAEL 4119MIO 91,30 A A KAFm SURVEYW.4446443-0AXHUST SCENIC TDWG106/HW43. OAX "1RST SCEN UCRCLAZAM T DWG
TRACT 3
COMMENCING at a 5/8" iron rod found at a reentrant corner in the west line of said Lot 313; said point being in the
former south line of the Marshall Avenue, abandoned by Clty of Fort Worth Ordinance No. 23363-08-2018;
THENCE North 89°57'40" East, along the said south line of the abandonment, a distance of 128.22 feet to a point; from
said point a 5/8" iron rod found in the west line of said Juanita Street bears North 89°57'40" East, a distance of 71.56
feet, thence North 89°22'08" East, a distance of 49.87 feet, thence South 89°51'50" East, a distance of 100.29 feet;
THENCE North 00`02'20" West, departing the said south line of the abandonment, a distance of 13.21 feet to the
POINT OF BEGINNING;
THENCE North 0°03'38" West, a distance of 15.00 feet to a point for comer;
THENCE North 89°56'33" East, a distance of 47.00 feet to a point for comer;
THENCE South 0°03'39" East, a distance of 15.00 feet to a point for corner;
THENCE South 89°56'33" West, a distance of 47.00 feet to the POINT OF BEGINNING and containing 705 square
feet or 0,0162 acres of land, more or less,
TRACT 4
COMMENCING at a 5/8" iron rod found at a reentrant comer in the west line of said Lot 3R; said point being In the
former south line of the Marshall Avenue, abandoned by City of Fort Worth Ordinance No. 23363-08-2018;
THENCE North 89°5T40" East, along the said south line of the abandonment, a distance of 199.78 feet to a point;
THENCE North 89°22'08" East, continuing along the said south line of the abandonment, a distance of 49.87 feet to a
point;
THENCE South 89"51'50" East, along the south line of said Abandonment, a distance of 0.82 feet to a point; from said
point a 5/8" iron rod found in the west line of said Juanita Street bears South 89°51'50" East, a distance of 99,46 feet;
THENCE North 00'08'10" East, departing the said south line of the abandonment, a distance of 12.74 feet to the
POINT OF BEGINNING;
THENCE North 0°00'00" East, a distance of 15.00 feet to a point for corner,
THENCE North 89°56'33" East, a distance of 25.00 feet to a point for corner
THENCE South 0°00'00" East, a distance of 15.00 feet to a point for comer;
THENCE South 89°56'33" West, a distance of 25.00 feet to the POINT OF BEGINNING and containing 375 square
feet or 0.0086 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 tracts. EXHIBIT "B"
EASEMENT ENCROACHMENT
OF JOHN LITTLE SURVEY,
ABSTRACT NO. 958
'MICHAFXC. BILLINGSLEY *:` CITY OF FORT WORTH,
REGISTERED PROFESSIONAL MICHAEL CLEO BiLLINGSLEY TARRANT COUNTY, TEXAS
LAND SURVEYOR NO. 6558 :............•• ......• :•••
801 CHERRY STREET, 0 6558 P�.: Kimley)))Horn
UNIT 11 SUITE 1300
FORT WORTH, TEXAS 76102 5lN.Un111. 01 no TaI. No. (e•. 7) 33"5I1
3 U R Foe, WWA, Twt 78102 RFW 9 101wa0 Mn Akriey-t.om
PH.817-335-6511 arrMcs P, N
michael.billingsley@kimley-horn.com Il NM CDP I �,.aa,a Iam
004446443 I 20F8
+UINGSIEY,WICK%Ei4/12MI99:30AM KiFTW-3URVEY108Nt}N 13-0AKfl UST SCENIC 20WOVSN 644YOnWiU TSCEW..C.)NCROACHW TAWG
BL K 1
taoRTH AKERS AIKMAN
(VOL, 31 , PG. 24)
0 20 as I I I
I I I
GRAPHIC SCALE IN FEET
LOT 12 LOT 11 LOT 3R, BLOCK 2
CLIFF ADDITION
$as'asrol'E .-,, s89•4501'E (INST. NO. D219057438)
42.71' I 57.71'
sl9 Iasc•KHn• sle•IRsc-KFw JEFFERSON OAKHURST SCENIC, LLC
Ic.M.I �� ( (c,M•) (INST. NO. 0218235093'
P.O.C. s0•03'27•e ) L1 TRACT '{
25.41'
F7•U•B. J / � EASEMENT
/ ENCROACHMENT
LINE TABLE 1413 0.0095 ACRES
413 SQ. FT.
NO. BEARING LENGTH I I
L1 S89'59'31 "E 15 00, ! I 15 SANITARY SEWER EASEMENT
I (INST. NO. D219057438)
L2 S00'03'27•E 27.50'
L3 N89'59'31'W 15.00'
L4 N00'0377W 27.50' I I
LEGEND I I
P.O.C. = POINT OF COMMENCING
P.O.B. = POINT OF BEGINNING
VF = "V" CUT FOUND
MNF = MAG NAIL W/ "KHA" WASHER FOUND
C.M. = CONTROLLING MONUMENT
NOTES
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202), with
an applied combined scale factor al 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 tracts. EXHIBIT "B"
EASEMENT ENCROACHMENT
of r JOHN LITTLE SURVEY,
ABSTRACT NO, 958
tMICHAEL C. BILLINGSLEY *�` CITY OF FORT WORTH,
REGISTERED PROFESSIONAL
MI6HAEL6LE081LLIN6SLEY TARRANT COUNTY, TEXAS
LAND SURVEYOR NO. 6558 ..
801 CHERRY STREET, `:,0 6558 KimigpoHorn
UNIT 11 SUITE 1300 �9''90F���FORT WORTH, TEXAS 76102 0 ' ,1 �� soICJwry34",1 11.TN. No.letr aces+t
PH. 81 T-335-6511 5 U R • Fat WQIk Tun Te+oz FVW r +o+sw+o ....Nrwv mm
t Reu J Edda. I ��4
michael.billingsley@kimley-hom.com r.a COP ►«� ou+eno+o I oe..+a�a JOfB
aLL''NGSLEY.WCHAEL41MMI99:30AMK.iFTW SURVEYft444e443.OAKHUSTSCENICZDWGW6444I"3.OA1H1 STSCEN 14CROA. DM
NORTH
0 20 40
BLOCK 2 I LINE TABLE
LOT 3R
GRAPHIC SCALE IN FEET I I t
CLIFF ADDITION I NO. BEARING LENGTH
16 SANITARY SEWER EASEMENT I I (INST. NO. D219057438) L5 N00'03'27W 21.20'
(INST. NO. D2190ST438) I I L6 N89-66-22"E 15.00'
JEFFERSON OAKHURST
TRACT 2 SCENIC, LLC I L7 S00.03'27"E 21.26'
EASEMENT I ( (INST. NO. D218235093)
I L8 N89'49'21`W 15.00'
ENCROACHMENT L6
0.0073 ACRES W) r - ROW ABANDONED BY
_ 319 SQ. FT. J J CITY ORDINANCE NO.23363.08.2M8
P.O.B. La - _ FORMER_
P.Q.C. MARSHALL AVENUE 6!6'IRF
NO'0226"W Ic,M.I
39.53'�------------ --
_ N89'5T40"E Al11.93' _ N89.57'40'E 87.84' NE9'2708`E S89'51'60'f
5fB" IRF 48.8T 10029'
Ic,Ma W
I LOT 3R, BLOCK 2 I U 49
CLIFF ADDITION
(INST. NO. D219057438) I {{ j ly
LEGEND JEFFERSON OAKHURST Q g
SCENIC, LLC
P.O.C. = POINT OF COMMENCING (INST. NO. D218235093) Z
P.O.B. = POINT OF BEGINNING
VF = "V" CUT FOUND
MNF = MAG NAIL Wi "KHA" WASHER FOUND I j
C.M. = CONTROLLING MONUMENT I Q
EXHIBIT "Bit
EASEMENT ENCROACHMENT
JOHN LITTLE SURVEY,
ABSTRACT NO, 958
CITY OF FORT WORTH,
TARRANT COUNTY. TEXAS
Kimley)))Horn
VEND 145,1
Fart Woo. Tun 701*2 FMM I t0191040 m�+r.ktn,M�wmam
S L I � I PRffii!h i!1llL
1" = 4P COP MCe p7l1971019 06N18413 4 OF 6
4
BILLINGSLEY. M?"ELU19ft0199•.30AMK.VTW S'M URVE64M64430AK"USTSCENIC2OWGp644,8443-OMM SCENIC• ONCN TD140
' I - 15' SANITARY SEWER EASEMENT J
(INST.NO, D219057438)
LOT 3R, BLOCK 2 I
CLIFF ADDITION LINE TABLE I
(INST. NO. D219057438)
JEFFERSON OAKHURST N0. BEARING LENGTH
SCENIC, LLC L9 NOO"03'38"W 15,00'
II (INST. NO. D218235093) L10 N89,56'33"E 47.00'
l TRACT 3 L11 S00.03'39'E 15.00' I
I I EASEMENT L12 S89'56'33W 47.00''
I ENCROACHMENT
I I 0.0162 ACRES -ROW ABANDONED BY
705 SQ. FT'. CITY ORDINANCE NO.23363-08.2018
I — L10
FORMER
No,02'20w-��
13.21 12 MARSHALL AVENUE 64'IRF
N89,57'4tYEA12B.27 _ P.O.B — —889,511501E 100.29' 1C.M.)— u
6J6 IFF V N69,6TWE 71.68' -� `-- 49.8T if
-� 'LL
(C.M.) N89'MWE rF—r^ c
vJ
LOT 3R, BLOCK 2 JEFFERSON OAKHURST Q
P.O•C" CLIFF ADDITION SCENIC, LLC 1I—
(INST. NO. D219057438) (INST. NO. D218235093)
IZd
a
NORTH
0 20 40
GRAPHIC SCALE IN FEEL
LEGEND
P.O.C. = POINT OF COMMENCING
P.O.B. - POINT OF BEGINNING
C.M. - CONTROLLING MONUMENT
IRF = IRON ROD FOUND
EXHIBIT "B°
EASEMENT ENCROACHMENT
JOHN LITTLE SURVEY,
ABSTRACT NO.958
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
Ki[q,1gy)))Horn
ao1arI,o T.1. No. teas ea 11
Fo�tMtrlRTwt7610? "NJ 101"w ww.wiri�y .awt
Hr • 4!tr coP u8l3tu1ztolo . I ,`J
p.
ot4uN43 6OF 6
11LLING9LEY, MCAL 4119=199:30 AM K:1FTWSURVEY0444643-0AKHUST SCENIC 21DWG1 6Na• OAgT SCENIC N
DWG
I 15' SANITARY SEWER EASEMENT
fI (INSTNO, D219057438) I
f IJEFFERSON OAKHURST LOT 3R, BLOCK 2 I
! SCENIC, LLC CLIFF ADDITION
f I (INST. NO. D218235093) (INST. NO. D219057438)
f f f LINE TABLE
f f TRACT 4 NO. BEARING LENGTH I
EASEMENT L13 NOU'00'00"E 15.00' I
ENCROACHMENT L14 N89.58'33'E 25,00'
ff 0.0086 ACRES L15 800'00'0(YE 15.W
375 SQ. FT. L15 Sea'Ss'33"W—26.00'
L,;
N0*08z;4 FORMER J F—
,,.,,,F MARSHALL AVENUE L16 W a
(CALL _ —//�� N89'22'08'E -^ `S89'51'50'E 99.46' _ 0 N89'ST-199M 49.87'
S89161'60'E52
P.O.C. LOT 3R, BLOCK 2 ROW ABANDONED BY
CLIFF ADDITION CITY ORDINANCE NO.23363.08-2018
Lu
(INST. NO. D219057438) I Z
JEFFERSON OAKHURST Q
SCENIC, LLC I
(INST. NO. 0218235093)
tNT
0 20 40
I
GRAPHIC SCALE IN FEET
LEGEND
P.O.C. = POINT OF COMMENCING
P.O.B. z POINT OF BEGINNING
C.M. = CONTROLLING MONUMENT
IRF = IRON ROD FOUND
EXHIBIT "B"
EASEMENT ENCROACHMENT
JOHN LITTLE SURVEY,
ABSTRACT NO, 958
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
Ki,!le * Horn
,iHI,I.. I300v T41 No. fT �.33fi311
Fcd Worth, Ttua TE10t FM / 4019/010 w�.tl lr;n.mm
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EXHIBIT B, REVISED
CERTIFICATE OF INSURANCE
Encroachment Assignment Agreement Page 9 of 9
Rev 12i2022