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Home My WebLink AboutContract 50701-CA1 Date Received: 09/23/2020 City Secretary Time Received: 4:50 PM Number: 50701-CAI ASSIGNMENT AND CONSENT OF ENCROACHMENT AGREEMENT City Secretary Contract Nos. 50205 and 50701 THIS ASSIGNMENT OF ENCROACHMENT AGREEMENT ("Assignment") is made and entered into as of this 23`d day of July, 2020, by and among the CITY OF FORT WORTH, a Texas home-rule municipal corporation ("City"), CRP/SCP Southside Venture, L.L.C., a Delaware limited liability company ("Venture Assignor"), and CRP/SCP Southside Owner, L.P., a Delaware limited partnership ("Southside Assignor," and collectively with Venture Assignor, "Assignor"), and WMCi Dallas X, LLC, a Virginia limited liability company, and WMCi Dallas X-B, LLC, a Virginia limited liability company, each as to an undivided 50% interest as tenants in common (collectively, "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 Easement Encroachment License Agreement, City Secretary Contract No. 50205 (the "Southside Encroachment Agreement"), on the 26t" day of January, 2018, with Southside Assignor, the owner of certain real property more particularly described in the legal description attached as "Exhibit C" hereto (the "Pro er ") 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 Southside Encroachment Agreement, attached hereto as "Exhibit A-I" and incorporated herein by reference for all purposes; WHEREAS, the Southside Encroachment Agreement was recorded the 31 st day of January, 2018, as Instrument No. D218022124 in the Real Property Records of Tarrant County, Texas; WHEREAS, the City entered into an Easement Encroachment License Agreement, City Secretary Contract No. 50701 (the "Venture Encroachment Agreement," and collectively with the Southside Encroachment Agreement, the "Encroachment Agreements"), on the 251" day of April, 2018, with Venture Assignor, the sole member of Southside Assignor, the owner of 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 Venture Encroachment Agreement, attached hereto as "Exhibit A-2" and incorporated herein by reference for all purposes; WHEREAS, the Venture Encroachment Agreement was recorded the Is' day of May, 2018, as Instrument No. D218092359 in the Real Property Records of Tarrant County, Texas; OFFICIAL RECORD CITY SECRETARY Encroachment Assignment Agreement FT.WORTH, TX Page 1 of 9 Rev 04/2020 WHEREAS, Southside Assignor desires to assign the Southside Encroachment Agreement to Assignee, and Venture Assignor desires to assign the Venture 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. Southside Assignor hereby assigns, transfers, and conveys all rights, interests, duties and obligations under the Southside Encroachment Agreement to Assignee. Venture Assignor hereby assigns, transfers, and conveys all rights, interests, duties and obligations under the Venture Encroachment Agreement to Assignee. 2. Assignee hereby accepts the assignment granted pursuant to Section 1 above, and assumes (a) all of Southside Assignor's rights, interests, duties, and obligations under the Southside Encroachment Agreement, and (b) all of Venture Assignor's rights, interests, duties and obligations under the Venture Encroachment Agreement, in each case first accruing from and after the Effective Date of this Assignment. 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 Agreements first accruing before the Effective Date are allocated to Assignor, and all rights, duties, and obligations first accruing from and after the Effective Date 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 Agreements first accruing from and after 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 Agreements. 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 Agreements 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. Encroachment Assignment Agreement Page 2 of 9 Rev 04/2020 S. Any notice given by any Party to another Party must be in writing and shall be effective upon receipt when (1) 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. Ci!Y Development Services Department 200 Texas Street Fort Worth TX 76102 Attention: Director Assignor c/o Carlyle Realty 1001 Pennsylvania Avenue,NW, Suite 200 South Washington, DC 20004 Attn: Cody Miller Assignee c/o Weinstein Management Co., Inc. 3951 Stillman Parkway Glen Allen,Virginia 23060 Attention: Ivan P. Jecklin 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. City shall cause this Assignment to be filed of record in the Real Property Records for Tarrant County, Texas. 11. The Certificate of Insurance for the Assignor attached as Exhibit "B" to the Encroachment Agreements 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 Agreements 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 Agreements. 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 04/2020 ' • 1 1 1 ASSIGNOR: CRPISCP SOUTHSIDE OWNER, L.P., a Delaware limited partnership By: CRPISCP Southside GP, L.L.C., a Delaware limited liability company, its general partner By: CRPISCP Southside Venture,L.L.C., a Delaware limited liability company, its sole member By: CRP Southside Member,L.L.C., a Delaw re limited liability company, its a or z ed By: , r Naive: David B. Daniel Title: Vice President CRPISCP SOUTHSIDE VENTURE, L.L.C., a Delaware limited liability company By: CRP Southside Member,L.L.C., a Delaware limited liability company, B its au '�zed�e r �V 'Y• Y Name: David B. Daniel. Title: Vice President DISTRICT OF COLUMBIA This instrument was acknowledged before me by David B. Daniel, as the Vice President of CRP Southside Member,L.L.C:;,.a Delaware limited liability company, on behalf of each company. Jam•,• '•'• •'•• ••• /�'fJ(//JJ /� � � y'/} r-r-a0L •u'T�J •, .i J]Y! fi.l7.'VE� ��tL'"C� ,[�'JL�FA (n , - Notary Public, District of Columbia 4 K SAL] OFFICIAL RECORD *! ;'. 54�AN CAROL GRANGERCITY SECRETARY s:• .• d�' : NOURY PUBLIC DISTRICT l BIA OF MY Commission ExpiresJui 31,2024 FT.WORTH, TX Encroachment Assignment Agreement Page 4 of 9 Rev 04/2020 ASSIGNEE: WMCi DALLAS X,LLC, a Virginia limited liability company By: Name: John T. Lancaster Title: Co-President and Chief Financial Officer WMCi DALLAS X-B, LLC, a Virginia limited liability company By: (�-z z,-- ;.,— Name: ohn T. Lancaster Title: Co-President and Chief Financial Officer COMMONWEALTH OF VIRGINIA COUNTY OF �`"�-��f D � 0 This instrument was acknowledged before me on 9 , 2020 by John T. Lancaster, Co-President and Chief Financial Officer o WMCI DALLAS X, LLC and of WMCI DALLAS X-B,LLC, eagh-q Virginia li ited liability company, on behalf of said limited liability companies. Notary Public �� ,,.,,.,�,,,°A,,,.0 OTARY 4 PUBLIC Printed Name: �1 ,� MY R CO0 MMISSII55101V a EXPIRES My Commission Expires: OFFICIAL RECORD CITY SECRETARY Encroachment Assignment Agreement FT.WORTH, TX Page 5 of 9 Rev 04/2020 APPROVED AS TO FORM AND CITY OF FORT WORTH LEGALITY: M h'jjd ,ag DT!-Farrell Matt Murray(Sep 21,20 013:24 CDT) DJ Harrell(Sep 21,202014:03 CDT) FWBC Sec. 3210 DJ Harrell, Director Matthew A. Murray, Assistant City Attorney Development Services Department City Attorney's Office Date: 9-21-2020 Date: 9-21-2020 4,dpU��nq as F� as °°°°°o.°°°�l►add p o ° °O�•1dd �v0 g2d ATTEST: �d 0 dd da °000000000d l l ()U a�bnEXA`-ooQ Mary Kayser, City Secretary City Secretary's Office [No M&C Required] 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 and reporting requirements. Evelyn Ro ergs o n beh,If ofiSlp 21,2-12'.59 CD I Laurie Lewis Interim Development Manager STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on September 21 20 20 by DJ Harrell, Director, as the Director of the Development Services Department of the City of Fort Worth, a Texas municipal corporation on behalf of the City of Fort Worth. Digitally signed by o,�pRYPGe/ LAURIE PEQUENO LEWIS LAURIE LAURIE PEQUENO LEWIS 2 A Notary Public * qp + STATE OF TEXAS PEQUENO LEWIS Date:2o2o.09.21 N, GGVV P Notary I.D. 132278952 15:51:03-05'00' ��oF� My Comm.Exp.Dec.10,2023 Notary Public, State of Texas OFFICIAL RECORD Encroachment Assignment Agreement CITY SECRETARY Page 6 of 9 FT.WORTH, TX Rev 04/2020 EXHIBIT A ORIGINAL AGREEMENTS WITH ATTACHED EXHIBITS Encroachment Assignment Agreement Page 7 of 9 Rev 04/2020 CITY SECRETARY � CZ>6a Tatilt/ an C/ c' F� tEASEMENT ENCROACHMENT LICENSE AGREEMENT co s`oq� ?DAB 1. Commercial S F�gFTq��qTH f,,•�! rs Z 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, its duly designated Assistant City Manager or Planning and Development Director, and CRP/SCP SOUTHSIDE OWNER, L.P., a Delaware limited partnership ("Licensee"), owner of the real property located at 315 South Calhoun Street,Fort Worth, TX 76104 ("Property"). 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; and WHEREAS, the City has a Sanitary Sewer and Drainage easement (the "Easement") in the Property as shown on the map attached to this Agreement as Exhibit "A" and incorporated herein for all purposes; and WHEREAS, Licensee desires to construct/place and maintain certain improvements which will encroach onto the Easement; and WHEREAS, City will allow the encroachment under the terms and conditions as set forth in this Agreement to accommodate the needs of the Licensee. NOW,THEREFORE,the City and Licensee agree as follows: AGREEMENT 1. 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 upon and occupy a portion of the City's Easement for the purpose of Decorative Metal Security Gate (Qty 2), Decorative Metal Fence and HDPE Storm Drain (the "Encroachment") as described in and at the location shown on Exhibit "A" but only to the extent shown thereon. Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within and above the Easement. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on City's Easement beyond what is specifically described in the Exhibit(s) attached hereto. OFFICIAL RECORD 2, CITY SECRETARY FT.WORTH,TX 2015 Easement Encroachment Agreement-Commercial Page I of I l Page 2 of 20 All construction, maintenance and operation in connection with such Encroachment, use and occupancy shall be performed in strict compliance with this Agreement 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 City's Water Department, or his or her duly authorized representative. Licensee shall submit all plans and specifications to the applicable Director or his or her duly authorized representative prior to the construction of the Encroachment. Licensee shall not commence construction of the Encroachment until receiving written approval by the Director, but such approval shall not relieve Licensee of responsibility and liability for concept,design and computation in the preparation of such plans and specifications. 3. Upon prior written notice to Licensee, except in the case of an emergency, 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. 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. In the event that any installation, reinstallation, relocation 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 shall pay to 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 said Director's duly authorized representative. 4. Licensee agrees to pay to City at the time this Agreement is requested an application fee of$325.00 in order to defray all costs of inspection and supervision which 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. 2015 Easement Encroachment Agreement-Commercial Page 2 of 1 l Rev.02/2015 *TRC* TARRANT Doc: 000022124 Date: 01/31/2018 Vol: 0000000 Page: 00000 Page: 2 Of 20 - Page 3 of 20 5. The term of this Agreement shall be for 30 years, commencing on the date this Agreement is executed by City. However, this Agreement shall terminate upon Licensee's non-compliance with any of the terms of this Agreement. City shall notify Licensee in writing of the non-compliance, and if not cured within 30 days, this Agreement shall be deemed terminated, unless such non-compliance is not susceptible to cure within 30 days, in which case this Agreement shall be deemed terminated in the event that Licensee fails to commence and take such steps as are necessary to remedy the non-compliance with 30 days after written notice specifying the same, or having so commenced,thereafter fails to proceed diligently and with continuity to remedy 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 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. 7. 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, ARISING OUT OF OR IN CONNECTION WITH, 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 2015 Easement Encroachment Agreement-Commercial Page 3 of I 1 Rev.02/2015 *TRC* TARRANT Doc: 000022124 Date: 01/31/2018 Vol: 0000000 Page: 00000 Page: 3 Of 20 Page 4 of 20 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. 8. 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 Commercial General Liability 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 30 days prior written notice to the Building Official of the City of Fort Worth. A copy of such Certificate of Insurance is attached as Exhibit "B" and incorporated herein for all purposes. Licensee agrees to submit a similar Certificate of Insurance annually to City on the anniversary date of the execution of this Agreement Licensee agrees, binds and obligates itself,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 Licensees' contractors and subcontractors. 9. Licensee agrees to deposit 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, Texas. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. 10. Licensee agrees to comply fully with all applicable 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 Agreement-Commercial Page 4 of 11 Rev.02/2015 *TRC* TARRANT Doc: 000022124 Date: 01/31/2018 Vol: 0000000 Page: 00000 Page: 4 Of 20 Page 5 of 20 11. Licensee agrees to pay promptly when due all fees,taxes or rentals provided for by this Agreement or by any federal,state or local statute,law or regulation. 12. 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. 13. 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. 14. 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 attorney's fees. 15. The parties agree that the duties and obligation contained Sections 3 and 4 shall survive the termination of this Agreement. 16. 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 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 2015 Easement Encroachment Agreement-Commercial Page 5 of 11 Rev.02/2015 *TRC* TARRANT Doc: 000022124 Date: 01/31/2018 Vol: 0000000 Page: 00000 Page: 5 Of 20 Page 6 of 20 default or otherwise shall not require City approval provided that said lender notifies City in writing within 60 days of such foreclosure or assignment and assumes all of Licensees' 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. 17. 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. 18. This Agreement shall be binding upon the parties hereto,their successors and assigns. SIGNATURES APPEAR ON FOLLOWING PAGE 2015 Easement Encroachment Agreement-Commercial Page 6 of 11 Rev.02/2015 *TRC* TARRANT Doc: 000022124 Date: 01/31/2018 Vol: 0000000 Page: 00000 Page: 6 Of 20 Page 7 of 20 THIS AGREEMENT may be executed in multiple counterparts,each of which shall be considered an original,but all of which shall constitute one instrument. CITY: CITZ: . W H By: ood Title: Director, lannin d Development Date: ,201 LICENSEE: CRP/SCP SOUTHSIDE OWNER,L.P., a Delaware limited partnership By: CRP/SCP Southside GP,L.L.C., a Delaware limited liability company, its general partner By: CRP/SCP Southside Venture,L.L.C., a Delaware limited liability company, its sole member By: StoneHawk Southside,LLC, a Delaware limited liability company, its authorized member By: Name: Brian Woidneck Title: Vice President Date: 1 J w l yi ,20, ATTEST: Approved As To Form and Legality 44 City Se tary Assistant City Attorney 2015 Easement Encroachment Agreement-Commercial Page 7 of 11 Rev.02/2015 *TRC* TARRANT Doc: 000022124 Date: 01/31/2018 Vol: 0000000 Page: 00000 Page: 7 Of 20 Page 8 of 20 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on A , 201E by Randle Harwood, Director of the Planning and Development Depailment of the City of Fort Worth,on behalf the City of Fort Worth. Not ublic, St of Texas p`� YPu4/ JENNIFER LOUISE EZERNACK :1 wNotary Public,State of Texas Comm.Expires 03-01-2020 Notary ID 130561630 After Recording Return to: City of Fort Worth Planning and Development Department CFA Office 200 Texas Street Fort Worth TX, 76102 2015 Easement Encroachment Agreement-Commercial Page 8 of 11 Rev. 10/2017 *TRC* TARRANT Doc: 000022124 Date: 01/31/2018 Vol: 0000000 Page: 00000 Page: 8 Of 20 Page 9 of 20 STATE OF § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared 96 Z Ai JtCS (title), known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same f r the purposes and consideration therein expressed, as the act and deed of edvvtAtok CL , a A.,,Ks �.�.�rrop, �sra �P, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of Jfl N ,201� STEVEN KORNER Notary Public in and for the 3_4:' �� Notary Public,State of Texas v }Q' Comm.Expires 03-27-2021 State of `j' K Notary ID 12287651 2015 Easement Encroachment Agreement-Commercial Page 9 of 11 Rev.02/2015 *TRC* TARRANT Doc: 000022124 Date: 01/31/2018 Vol: 0000000 Page: 00000 Page: 9 Of 20 Page 10 of 20 LEGAL DESCRIPTION OF THE PROPERTY FOREMOST DAIRIES INC PLANT SIT' BLOCK NONE; LOT 1 2015 Easement Encroachment Agreement-Commercial Page 10 of 11 Rev. 10/2017 *TRC* TARRANT Doc: 000022124 Date: 01/31/2018 Vol: 0000000 Page: 00000 Page: 10 Of 20 Page 11 of 20 EXHIBIT"A" Map of Encroachment and Easement 2015 Easement Encroachment Agreement-Commercial Page I I of 1 I Rev.02/2015 *TRC* TARRANT Doc: 000022124 Date: 01/31/2018 Vol: 0000000 Page: 00000 Page: 11 Of 20 Page 12 of 20 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all performance and reporting requirements. Date: Janie S.Moral Development Manager *TRC* TARRANT Doc: 000022124 Date: 01/31/2018 Vol: 0000000 Page: 00000 Page: 12 Of 20 Page 13 of 20 PLOTTED BY:Hunter Brauer ON:Wednesday,November 15,2017 AT:8:36 AM FILEPATH:\\ftworth\file system\Production500\002500\2588\D02\Civil\Drawings\Exhibits\17.0508 Encroachment Agreement Exhibits\Encroe K v N C C J�TC 4JV aiz A � a a�0 I D1 V I I L POCKIT PARK_m — — CRAWFORDSTREE'� -- -,- � z _ - - I - m m z m�... �. ......... m ..—..... m — x _. = n o D D n = T j m r" m D S CALHOUN STREE o c -- m I wikfff U.: J 4 4 Dmill. ^� m '� i tlIM m - z ' � ° a u' a N ° a ro Q *TRC* TARRANT Doc: 000022124 Date: 01/31/2018 Vol: 0000000 Page: 00000 Page: 13 Of 20 Page 14 of 20 PLOTTED BY:Hunter Brauer ON:Wednesday,November 15,2017 AT:8:02 AM FILEPATH:\\ftworth\file system\Production500\002500\2588\002\Civil\Drawings\Exhibits\17-0508 Encroachment Agreement Exhibits\Encroz O CD B■ A N N I I x I I D II a SS,.01 - �� I I D I a It _ D//I 01 o m o a� m z m N I i II p � p ZZ m n I I P � o �a = 0 D I I o a D I QZ m I ❑ i!; ri -n v Z ❑ I I m O i m Z m zIf " I rri M Z M 0D o m �� z v�-0 -0 -0 -0 Ln I" N z O rnODO O O O Z tn -0ZC20 -0 -0v C7 O o000 0 0 0 V G) M p 10MU O 0 O z I-+ c ,) LM rn cn N -0T) m II .D� p Z 2 Z O zo z m C) (> Rt G1 D D D -M LA < < vDn r*r v+ N cn � m m 3 A m A O *TRC* TARRANT Doc: 000022124 Date: 01/31/2013 Vol: 0000000 Page: 00000 Page: 14 Of 20 Page 15 of 20 PLOTTED BY:Hunter Brauer ON:Wednesday,November 15,2017 AT:8:02 AM FILEPATH:\\ftworth\fle system\Production500\002500\2588\002\Civil\Drawings\Exhibits\17-0508 Encroachment Agreement Exhibits\Encroz � 1 � 0 m m ' �c TiTm—• A N O m ILA N W m Cn O Cn O m v m Z 70 O a ) zz z m + O o m f7 = O = oCr Z ?> Zi Z C" ham 4 I, U) DA41- r .„,1 Z ._..._.. m 1- 14 —11 —zl O L � N N W O CJt O o � 2 �p m� �N T F rn = N r„ a D F- M C. 0 *TRC* TARRANT Doc: 000022124 Date: 01/31/2018 Vol: 0000000 Page: 00000 Page: 15 Of 20 Page 16 of 20 PLOTTED BY:Hunter Brauer ON:Wednesday,November 15,2017 AT:8:02 AM PILEPATH:\\ftworth\Flle system\Production5DD\002500\2588\DD2\Civil\Drawings\Exhibits\17-0508 Encroachment Agreement Exhibits\Encroa rF � v W . l T � S V K5 `{1 m ss„o� ss101 VI ti M so m Z m X a = o D D D �� m nNi Z (') -1 X A m z Z D m z W I Z Ln I E; o I � Z I o > o N m cn rn v ;v ;v v r Ln m 0 0 0 0 z r O 0 0 0 0 ^' = 0 0 v o ` Z o � Ni D z c II m 0 Z O = m Q a N D A m l7 j —I )> D m r m Z * Z rn p rn m n Z RI X M —1 A D O z *TRC* TARRANT Doc: 000022124 Date: 01/31/2018 Vol: 0000000 Page: 00000 Page: 16 Of 20 Page 17 of 20 PLOTTED BY:Hunter Brauer ON:Wednesday,November 15,2017 AT:8:02 AM PILEPATH:\\ftworth\file system\Production500\002S00\2588\002\Clvil\Drawings\Exhibits\17-OSOB Encroachment Agreement Exhibits\Encroe � v � cm CD z 41� a N CCCCC� m Q 'V ' ) W U1 O U1 O m `� � N m ��n ._._ r� r mEy�' .... ® ..... rzj O� O P! O � r .... � !.._ 10 o m Z O T O O X _ L = 0 Vf .0' w ....... z W � ®r .a W _.. _.-. mQD O � N N C(3),.� O v m O -n m �N r 1-, a N►+ m II p II � 4 4'-o D (> _ r m 0 *TRC* TARRANT Doc: 000022124 Date: 01/31/2013 Vol: 0000000 Page: 00000 Page: 17 Of 20 Page 18 of 20 PLOTTED BY:Hunter Brauer ON:Wednesday,November 15,2017 AT:8:02 AM FILEPATH:\\Rworth\file system\Production500\0025D0\2588\002\Civil\Drawings\Exhibits\17-050B Encroachment Agreement Exhibits\Encnx ( as Yam\ CD \ x aN _ I of I � I- I m cn I k m I MZ I �o I a t + ^'- (!1 1 I k C) I o I Z a �+o z ....._... _._._—. m z ° i I wz I a � I �� n� tom-- -t! Z r1'1 a a m a rn D I I �o I you° WmD 14 roz ^?Z v Z 0 m 0 ao m z m u, C I I -n T,m O M -,o_ ! I I y -0 Z II (n � I o ,ODTOD II m t(n rrri I I m v A a 'm_e z a � a r N to -0 -0 � yD ZZ M O O O ZOOy r �v�• m m M m m G' X m m mrn v v v o o m { 7 F-• c G) cn-I Z v n D m G II A Om D 0 UDm I+ O Z O D --I1- Z D D m m T --1 m m M Z rn n z m N O *TRC* TARRANT Doc: 000022124 Date: 01/31/2018 Vol: 0000000 Page: 00000 Page: 18 Of 20 Page 19 of 20 PLOTTED BY:Hunter Brauer ON:Wednesday,November 15,2017 AT:8:02 AM PILEPATH:\\ftworth\file system\Production500\0025DD\2588\002\Civil\Drawings\Exhibits\17-0508 Encroachment Agreement Exhibits\Encroe m � v m C g�3 7 ryW P VI O VI O VI Z O �:70 o _ Vl m N3c14 z m m n = Maas 2 O c�j y O - "AIIla �a � O Z OO ........ cno_ g m z n om o m a+�... oz14 O O o CCn O Carl O C�ii -v n <p rrim N O r N O A A -� D m 00 *TRC* TARRANT Doc: 000022124 Date: 01/31/2018 Vol: 0000000 Page: 00000 Page: 19 Of 20 Page 20 of 20 MARY LOUISE GARCIA COUNTY CLERK 100 West Weatherford Fort Worth,TX 76196-0401 PHONE(817)884-1195 CITY OF FORT WORTH 1000 THROCKMORTON ST FT WORTH, TX 76102 Submitter: CITY OF FORT WORTH/DEVELOPMENT& PLANNING DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 1/31/2018 1:52 PM Instrument#: D218022124 E 20 PGS $88.00 BY: D218022124 ANY PROVISION WHICH RESTRICTS THE SALE,RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. *TRC* TARRANT Doc: 000022124 Date: 01/31/2018 Vol: 0000000 Page: 00000 Page: 20 Of 20 Page 1 of 15 CITY BECWARY cowwmo 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,its duly designated Assistant City Manager or Planning and Development Director;and CRP/SCP Southside Venture,.LLC [full legal name], a Delaware Limited Liability Company [rAv of entity] ("Licensee"), acting by and through its duly authorized Chief Financial Officer[!file],owner of the real property located at 320 East Broadway Avenue,Fort Worth,TX 76104("Property') 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;and WHEREAS;the City has a Drainage easement(the"Easement")in the Property as shown or the map attached to this Agreement as Exhibit"A"and incorporated herein for all purposes,,and WHEREAS, Licensee desires to construct/place and .maintain certain improvements which will encroach onto the Easement;and WHEREAS,City will allow the encroachment under the terms and conditions as set forth.in this Agreement to accommodate the needs of the Licensee. NOW,THEREFORE,.the City and Licensee agree as follows: AGREEMENT I! 1. 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 upon and occupy a portion of the City's Easement for the purpose of Decorative Metal Fence and Retaining. Wall (the "Encroachment")as described in and at the location shown on.Exhibit"A!,but only to i t shown thereon. Upon completion of the Encroachment;Licensee agrees to be ,for maintaining the Encroachment within and shave the Easement. Licensee s d or otherwise cause the Encroachment to further infringe in or on City's 8Bds � � ern en and what is:specifically described in the Exhibit(s)attached hereto. 2. 2Q15 rt Encrolimexrt Agiemcnt-Goirinneteal Pa i Qf t 1 n %TX Rev.10/2017 *TRC* TARRANT Doc: 000092359 Date: 05/01/2018 Vol: 0000000 Page: 00000 Page: 1 Of 15 Page 2 of 15 All construction, maintenance and operation in connection with such Encroachment, use and occupancy shall be performed in strict compliance with this Agreement and the City's Charter, Ordinances and Cedes .and in .accordance with the directions of the Director of the Transportation and Public Works:or the Director of the City's Water Department, or his or her duly authorized representative. Licensee shall submit all plans and specifications to the applicable Director or his or her duly authorized representative prior to the construction of the Encroachment. Licensee shall not commence 'construction of the Encroachment until receiving written approval by the Director, but such:approval shall not relieve Licensee of responsibility and liability for concept,design and computation in the preparation of such plans and specifications. Upon prior written notice to Licensee, except in the case of an emergency, 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 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: In the event that any installation,reinstallation, relocation 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 shall pay to 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 said Director's duly authorized representative. 4. Licensee agrees to :pay to City at the time this Agreement is requested an application fee of$325.00 in order to defray all costs of inspection and supervision which 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. 2015 Easement Encroachment Agreement-commercial Page 2 of 11 Rev. 10/2017 *TRC* TARRANT Doc: 000092359 Date: 05/01/2018 Vol: 0000000 Page: 00000 Page: 2 Of 15 Page 3 of 15 5e The term. of this Agreement shall be for 30 years; commencing on the date this Agreement is executed by City. However, this Agreement shall terminate upon Licensee's #ion-compliance with any of the terms of this Agreement: City shall notify Licensee in, writing of the non-compliance, and if not cured within 30 days, this Agreement shall be deemed terminated,unless such non-compliance is not susceptible to cure within;,30 days, in which. case this Agreement shall be deemed terminated in the event that Licensee fails to commence and take such steps as are necessary to remedy the non-compliance with 30 days after written notice specifying the same, or having so commenced!,thereafter fails to proceed diligently and with continuity to remedy same. 6. It is further understood and agreed between the parties.herete that the Easement to be used and:encroached upon as described herein-,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 dotty 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: 7. LICENSEE, COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNITY; 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 O,R LOSS :AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, ARISING OUT OF OR IN CONNECTION WITH, 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, L GEN AGENTS,:IS, ERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND LICENSEES HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL LUCEWISE ASSUME. ALL LIABIIITII' AND RESPONSIBILITY ARID SHALL INDEMNIFY CITY FOR I 2015 Easement Encroachment Agreement-Commercial Page 3 of 1.1 Rev. 1012017 *TRC* TARRANT Doc: 000092359 Date: e: 3 Of 15 05 01 2018 Vol: 0000000 Page: 00000 Pa / / 9 4 Page 4 of 15 ANY ANDI, 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, SERVANT$, 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,as proof that it has secured and paid for a policy of public liability insurance covering all public, risks related to the proposed us+e 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 Commercial General Liability 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 i.mtnedately following notice to Licensee of such .requirement. Such insurance policy shall not be canceled or amended without at least 30 days prior written notice to the Building Official of the City of Fort Worth. A copy of such Certificate of Insurance is attached as ,Exhibit "B" and incorporated herein for all purposes. Licensee agrees to submit a similar Certificate of Insurance annually to City on the anniversary date of the execution of this Agreement Licensee agrees,binds and obligates itself, 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 Licensees' contractors and subcontractors. 9. Licensee agrees to deposit 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 RW Property Records of Tarrant County, Texas. After being recorded,.the original shall be returned to the City Secretary of the City of Fort.Worth. 10. Licensee agrees to comply fully with all applicable 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 Agreement-Commercial Page 4 of 11 Rev: 10/1017 *TRC* TARRANT Doc: 000092359 Date: 05/01/2018 Vol: 0000000 Page: 00000 Page: 4 Of 15 Page 5 of 15 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. 12. 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. 13. 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. 14. 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 attorney's fees. 15. The Parties agree that the duties and obligation contained Sections 3 and 4 shall survive the termination of this Agreement. 16. 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 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 License shall be, doemed 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 20151 asenien#Encroachment Agreement-Commercial Page 5 of 11 Rev.10/2017 *TRC* TARRANT Doc: 000092359 Date: 05/01/2018 Vol: 0000000 Page: 00000 Page: 5 Of 15 Page 6 of 15 default or otherwise shall not require City approval provided that said lender notifies City in writing within 60 days of such foreclosure or assignment and assumes all of Licensees' 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. 17. 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. 18. This[Agreement shall be binding upon the parties hereto,their successors and assigns. SIGNATURES APPEAR ON FOLLOWING PAGE] 201.5 Easemeni Encroachment Agreement-Commercial Page fi of 11 Rev.. I WOO *TRC* TARRANT Doc: 000092359 Date: 05/01/2018 Vol: 0000000 Page: 00000 Page: 6 Of 15 Page 7 of 15 ; THIS AGREEMENT may be executed in multiple counterparts,each of which shall be considered an original,but all of which-shall constitute one instrument. City Licensee:_ CITY OF FORT WORTH By All z"WJ By" � Randle H.vwood Name.. Director Title,_ 'Y P Plannins,ancl velopment Date. AN trIS20 1-7), ATTEST: M Approved As To Form and Legality I y ''city Secre �d„ ssisumt City A.�,, .. Pliance Manager M&C: By signing I acknowledge that I am the person 1 2J5:. ._.. Responsible for the monitoring and:Administration. Of this contract, including ensuring:all performance And reporting requirements. Janie S. Morales Development Manager Room. 2015 Easement Encroachmem Agreement-Commercial Page 7 of I Rev. 10/2017 *TRC* TARRANT Doc: 000092359 Date: 05/01/2018 Vol: 0000000 Page: 00000 Page: 7 Of 15 Page 8 of 15 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged btfoxe me on ;2012 by Randle Harwood, Director of the Planning and Devel pment Depwment of the City of Fort Worth,on behalf the City of Fort VV N e fate . T as sR L0u1&t EZtMACK . faotery Public,State of TB as *� Comm.Expires 03-41-mo r�r l�ti`�. katary 11�-1.3t85'9i61!#After Recording Return to: Planning&Development Development Coordination Office 200'Texas Street Fort Worth TX, 76102 2015 Easement Encroachment Agreement-Commercial Page&of 11 Rev. 1:0/2017 *TR * TARRANT D 2 D 1 2 1 Val: P P f l C Doc: 00009 359 ate: OS/0 / 0 8 0 OOOOODO age: 00000 age: 8 0 5 Page 9 of 15 STATE OF' 1V�H5 § COUNTY OF -CALk*y § BEFORE ME; the undersigned as thhoon'ty, a iitary Public in and for the State of Texas; on this day personally appeared .A Q- (title), known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed,as the Vl act and deed off i_ 4'`;a and in.the capacity therein stated. "L GIVEN UNDER MY HAND AND SEAL OF OFFICE this i I day of v-- 20 t �0�Public inati the State of T 2015 Easement Encroachment Agreement-Commercial Page 9 of 1.1 Rev. 10/2017 *TRC* TARRANT Doc: 000092359 Date: 05/01/2018 Vol: 0000000 Page: 00000 Page: 9 Of 15 Page 10 of 15 LEGAL DESCRIPTION.OF THE PROPERTY i 2015 Easement Encroachment Agreement-Commercial Page 10 of I I _.. Rev. l O120I7 *TRC* TARRANT Doc: 000092359 Date: 05/01/2018 Vol: 0000000 Page: 00000 Page: 10 Of 15 Page 11 of 15 M=Bff act» 1 i i i f �� Ott af�i derv.iOf�Ax *TRC* TARRANT Doc: 000092359 Date: 05/01/2018 Vol: 0000000 Page: 00000 Page: 11 Of 15 Page 12 of 15 I IN tuna. w. — ILA: poul yauym awuxnm . .. I L� xeva ,� U, S .... ::. . .. .. ...... ... .... *L1t#,MUM, is�K �l►kkt111�Y' A'4Ar��3f3'd'td. s.. *TRC* TARRANT Doc: 000092359 Date: e: 12 Of 15 05 O1 2018 Vol: 0000000 Page: 00000 Pa � � 4 4 Page 13 of 15 ad l!J : ui CYJH AD lb .... mt U. I - w r :IE e-I xyyy�:�Wes; �t � Y r � u4 I *TRC* TARRANT Doc: 000092359 Date: 05/01/2018 Vol: 0000000 Page: 00000 Page: 13 Of 15 Page 14 of 15 r4 Mb 3' Ad , H w AMWEA s 4 { 3.. c .-.. .... .: ... „"rJ uj ui is c� , ':�rni*rat:;iX:�st�'9rkv' r+.;1�o.�wa++ r�,aeru *TRC* TARRANT Doc: 000092359 Date: 05/O1/2018 Vol: 0000000 Page: 00000 Page: 14 Of 15 Page 15 of 15 MARY LOUISE GARCIA COUNTY CLERK 100 West Weatherford Fort Worth,TX 76196-0401 PHONE(817)884-1195 CITY OF FORT WORTH CFA OFFICE 200 TEXAS STREET FT WORTH, IrX 76102 Submitter: CITY OF FORT WORTH CFA OFFICE DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 5/1/2018 11:02 AM Instrument#: D218092359 E 15 PGS $68.00 By: D21809235q ANY PROVISION WHICH RESTRICTS THE SALE,RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. , l *TRC* TARRANT Doc: 000092353 Date: 05/01/2018 Vol: 0000000 Page: 00000 Page: 15 Of 15 EXHIBIT B, REVISED CERTIFICATE OF INSURANCE Encroachment Assignment Agreement Page 8 of 9 Rev 04/2020 EXHIBIT C LEGAL DESCRIPTION Lot 1, Block 1 and Lot 1, Block 2, STONEHAWK ADDITION, LOTS 1 & 2X, BLOCK 1, LOT 1, BLOCK 2 & LOT 1X, BLOCK 3, an Addition to the City of Fort Worth, Tarrant County, Texas, according to the map or plat thereof recorded March 16, 2018, under Document No. D218056553 of the Official Public Records of Tarrant County, Texas. Encroachment Assignment Agreement Page 9 of 9 Rev 04/2020 077454.0000036 EMF US 81599847v5