HomeMy WebLinkAboutContract 51095-CA1 Date Received: Feb 4,2021 City Secretary
Time Received: 4:49 pm Number: 51095-CAI
ASSIGNMENT AND CONSENT OF ENCROACHMENT AGREEMENT
City Secretary Contract No. 51095
THIS ASSIGNMENT OF ENCROACHMENT AGREEMENT ("Assignment") is
made and entered into as of this 2ND day of FEBRUARY , 2021 , by and between the CITY
OF FORT WORTH, a Texas home-rule municipal corporation ("Citv"), Sinclair Holdings,
LLC, a Texas limited liability company ("Assignor"), and Twain GL XIII, LLC, a Missouri
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. 51095 (the "Encroachment Agreement"), on the 81—" day of August, 2018, with Assignor,
the owner of certain real property more particularly described in the attached Legal Description
(the "Pro e ") 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 171h day of August, 2018,
as Instrument No. D218183069 in the Real Property Records of Tarrant County, Texas;
WHEREAS, Assignor desires to assign the Encroachment Agreement to Assignee.
AGREEMENT:
NOW, THEREFORE, for and in consideration of the above and foregoing premises and
the mutual covenants, terms, and conditions herein contained, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby
agree as follows:
1. Assignor hereby assigns, transfers, and conveys all rights and interests and
delegates it duties and obligations under the Encroachment Agreement to Assignee.
2. Assignee hereby accepts the Assignment granted herein, and assumes all of
Assignor's rights, duties, and obligations arising under the Encroachment Agreement.
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.
OFFICIAL RECORD
CITY SECRETARY
Encroachment Assignment Agreement
FT.WORTH,TX
Assignee has the full right, power, and authority to enter into this Assignment, to make the
representations set forth herein, and to carry out Assignee's obligations hereunder.
4. The effective date of this Assignment shall be the date of its execution by the City
(the "Effective Date"). All rights, duties, and obligations under the Encroachment Agreement
arising, accruing, or relating to the period before the Effective Date are allocated to Assignor,
and all rights, duties, and obligations arising, accruing, or relating to the period thereafter shall
be allocated to Assignee.
5. Except as otherwise expressly set forth in this Assignment, Assignor will be
discharged from any and all further obligations under the Encroachment Agreement as of the
Effective Date.
6. Assignor represents, warrants, and covenants with City and Assignee that as of
the Effective Date, Assignor is not in default of any of its obligations contained in the
Encroachment Agreement.
7. City hereby consents to this Assignment upon the terms and conditions set forth
herein. Unless and until City has executed this Assignment, it is of no effect. The consent
granted herein should not be construed as consent to any further assignments. The failure or
delay of City in seeking to enforce any provision of the Encroachment Agreement or this
Assignment shall not be deemed a waiver of rights or remedies that City may have or a waiver of
any subsequent breach of the terms and provisions therein or herein contained.
8. Any notice given by any Party to another Party must be in writing and shall be
effective upon receipt when (i) sent by U.S. mail with proper postage, certified mail return
receipt requested, or by a nationally recognized overnight delivery service, and (ii) addressed to
the other Party at the address set out below or at such other address as the receiving Party
designates by proper notice to the sending Party.
Citv
Development Services Department
200 Texas Street
Fort Worth TX 76102
Attention: Director
Assignor
Sinclair Holdings, LLC
1785 Hwy 26, Suite 400
Grapevine, Texas 76051
Attention: Mehul Patel
Email: mehul.patel(4�newcrestimage.com
Encroachment Assignment Agreement Page 2 of 7
Rev 04/2020
With copy to:
Munsch Hardt Kopf& Harr, P.C.
500 N Akard Street, Suite 3800
Dallas, Texas 75201
Attention: Phillip J.F. Geheb
Email: pgeheb@munsch.com
Assignee
Twain GL XIII, LLC
2200 Washington Avenue
St. Louis, MO 63103
Attention: R. Landon Nalley
Email: Landon.Nalley@twainfinancial.com
With copy to:
Stinson LLP
7700 Forsyth Boulevard, Suite 1100
St. Louis, MO 63105
Attention: Robert Faulkner
Email: robert.faulkner@stinson.com
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 7
Rev 04/2020
ASSIGNOR: ASSIGNEE:
Sinclair Holdings, LLC Twain GL XIII, LLC
a Texas limited liability company a Missouri limited liability company
By: Supreme Bright Fort Worth IV, LLC ByJwain Financial Partners Holdings, LLC
its managing member its manager
By: y:
Name: Mehtll Patel Name: R. Landon Halley
Title: President Title: Vice President
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me by Mehul Patel, President of Supreme aright Fort
Worth, IV, LLC, as the managing member of Sinclair Holdings, LLC, a limited liability company, on
behalf of said company.
*0.V PUe' APRIL TRAN o
o Notary ID#131623180 Notary Public, State of Texas
My Commission Expires
[NOT RS' AL] June 27, 2022
or
STATE OF MISSOURI §
COUNTY OF §
This instrument was acknowledged before me by R. Landon Nalley, Vice President of Twain Financial
Partners Holdings, as the manager of Twain GL XIII, LLC, a limited liability company, on behalf of said
company.
Notary Public, State of Missouri
[NOTARIAL SEAL]
OFFICIAL RECORD
Encroachment Assignment Agreement CITY SECRETARY
FT.WORTH,TX
ASSIGNOR: ASSIGNEE:
Sinclair Holdings, LLC Twain GL XIII, LLC
a Texas limited liability company a Missouri limited liability company
By: Supreme Bright Fort Worth IV, LLC By:Twain Financial PartAHol , LLC
its managing member its manager
By: B
Name. Mehul Patel Name: R. Landon Nalley
Title: President Title: Vice President
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me by Mehul Patel, President of Supreme Bright Fort
Worth, IV, LLC, as the managing member of Sinclair Holdings, LLC, a limited liability company, on
behalf of said company.
Notary Public, State of Texas
[NOTARIAL SEAL]
STATE OF MISSOURI §
S ,s §
COUNTY OF §
This instrument was acknowledged before me by R. Landon Nalley, Vice President of Twain Financial
Partners Holdings, as the manager of"Twain GL X1I1, LLC, a limited liability company, on behalf of said
company.
Nota P ic, State o Missouri
[N 1 E L
KELLY A. TROUT
Notary Public, Notary Seal
State of Missouri
Saint Louis County
Commission#13447449
My Commission Expires 1 2-18-2022
OFFICIAL RECORD
Encroachment Assignment Agreement
CITY SECRETARY
FT.WORTH,TX
APPROVED AS TO FORM AND CITY OF FORT WORTH
LEGALITY:
MafifGlew Murray 1-�
Matthew Murray(Feb 1,202107:56 CST) DJ Harrell(Feb2,2021 13:45 CST)
FWBC Sec. 3210 DJ Harrell, Director
Matthew A. Murray, Assistant City Attorney Development Services
City Attorney's Office
Date: Feb 1,2021 Date: Feb 2,2021
as FoRr as
p.O�O°00000°o�
ATTEST: p��o °°p�d
0
/0/-RM" C70&4�f vo 0.41
'for Ronald P.Gonzales(Feb 2,202116:14 CST) o o°
0. ° °
Mary Kayser, City Secretary �- °°°° °°°
000000 ,d
City Secretary's Office fan 0E.0.000�p
[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.
Janie S. Morales
Development Manager
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on February 2 20 21 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.
RYPG JENNIFER L. EZERNACK Jennifer L Digitally signed byJenniferL
qP g Ezernack
a° Notary Public Date:2021.02.0215:38:56
+ * STATE OF TEXAS Ezernack
��OFP Notary I.D. 130561630 NotaryPublic, State of Texas
My Comm.Exp.Mar. 1,2024
OFFICIAL RECORD
CITY SECRETARY
Encroachment Assignment Agreement
FT.WORTH,TX
EXHIBIT A
ORIGINAL AGREEMENT WITH ATTACHED EXHIBITS
Encroachment Assignment Agreement Page 6 of 7
Rev 04/2020
Exhibits A Page 1 of 21
MY SECRETARY
RIGHT OF WAY
ENCROACHMENT AGREEMENT
THIS AGREEMENT is made and entered into by and between the City of Fort
Worth, a home rule muluicipal corporation of Tarrant County, Texas Ctity".), acting
herein: by and through its duly authorized. City . 4anager, its duly authorized Assistant
:City Manager or Playing and.Development Department Director, and
Sinclair Holdtnas LLC UW1 legal n€mel a(n)
Limited Liability Co, e of entr
"Licensee?',.acting hereinn by and through its duly autbor ized pw trier.Farukh Aslam[h`tle],
the owner of the real property located at $l2 Main.Street ,.
Fort North,Texas 96 102 _("Property,)i
RECITALS
WHEREAS,Licensee::'T6 the'owner of oeft.itt zeal property situated in the City of
Fort Worth, Tarrant County,. Texas, .snore.particulatly descr bed in the attached'Legal
Description of the Property;and..
WHETS,,,the:City has. a street, alley,, sidewalk, and/or other public ri of
way:(zndividually or collectively,the"'Public Right-of-Way'):adjacent to the Property as
shown on the.snap attached to thrs;A:greement as Exhibit"A" and incorporated herck for
all purposes; and
WHEREAS, .Litemee desires- to construct/place and maintain: certain
improvements which:will ea croacb onto the Public Rigkrt-of-Way;and
WHEREAS, City will allow the+encrowhment under the terms and conditions.:as
get 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 Licensee of the fee set out below and
covenants and agreements.hereinafter contained, to be kept and performed by Liceensee,
hereby grants permission to Licensee to encroach upon,use and/or occupy"portions of the
space under; on, and/or above the City's.Public Right-4-'tea to constructlinstall and/or
allow to remain,certain improvements for the:purpose:of
constrrzut ng overhead:med anical mezzanine:
(whether one or more;the"I �provementW1 as idescrm`bed in and at.the Location shown on
Exhibit "A" but only to the extent shown thereon. Upon completion of the
Improvements,;Licensee ages to be responsible for maintaining the Improvements.
ROW Encroachment Agreemew-Commercial Page 1 of 11
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Licensee shall`not expand or otherwise cause the Improvements.to further infringe in or
on. City's Public Right-of-way beyond what is specifically described in the Exbibit(s)
attached.hereto,
2:
All construction:, maintenance and option in connection with. such
Improvements, 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 City's Director of TranWrtation and Public Works, or his or her duly
authorized. representative; Licensee sal submit all. plans and specifications to the
applicable Director or his or her duly authorized representative prior to the construction
of the Improvements. Licensee shall:: not :commence constmaimi of the :Improvements
until receiving written approval by the Director, but such approval snail not relieve
Licensee of responsibility and liability for concept, design and computation in the
preparationof such plans and specifications.
Upon completion:<of the construction and installation of the ImprF v+erments, tltere
shall be no other encroachments in, under.,: on or move the surface area of the Public
Right-of-Way,except as described herein and depicted on Exhibit"A".
4..
Licensee:, at no expense to the. City, shall make proper provisions for the
relocation and installation of :any existing or fie utilities affected by such
encroachment, use and occupancy, including.the securing of approval and consent from
any affected utility companies and the appropriate agencies of,the Statoof Texas and its
political. subdivisions.. In the event that any installation, reinsu llation, 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'e7ttstence of such eocroa ent.a use, Liceusee shall.pay
to.City an:additional amount equal to such additional east as de mined in the;reasonable
discretion of the Director of Transportation and Public Works, or .his. or her duly
authorized:representative.
5.
Upon prior written notice to Licensee, except .in the case of a s emergeney,
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 responsibUity or .liability for any damage or
disruption or other adverse.,consequences resulting.ftom the Imtprovements installed by
Licensee, but City will make reasonable..efforts to:mhfitnize such damage. In the event.
that any installation,reins l.laUien,rein at Qn or repair of any existing or future utility or
ROW Eacroachment A wment-Cones eicdal 'PAP 2.of It.
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improvements owned.by, constructed by or on behalf of the public or at public expense is.
made more costly by virtue of l e constructmon, :xnainten or existence of the
Improvemen:.ts and use, `Licemee ill pay to ;City an Additional whount equal to such.
additional cost .as reasonably determined by the Director of Transportation and Public
Works or the Director of the Water .Deportment, or, wsaid Director's duly authorized
representative.
r
Licensee agrees to pay to City at the. time this Agreement, is requested an
application fee of$325.00 in order to defray all coats of inspection and supervision which,
+pity has:incurred.or will incur as...a.result of the construction, maintenance,mnspect on.or
management of the encroachments and uses provided for by this Agreement. Licensee
agrees to pay a fee in the amount of$.$6 per squarell near foot of the encroachment area
upon execution ofthis Agreement and annually thereafter,
7..
The term of this Agreement shall be for 30 ym. s commencing on the date this
Agreement: is executed. by City. However, this Agreement shall terminate upon.
Licensee's non-compliance with. any of the.term of this Agreement. City shall notify
Licensee in writing of the noncompliance, and: if tot 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 doomd terminated in the
event that Licensee faits to commence and take sus h steps as are necessary to,remedy the
non-compliance within 3 days :after written notice specifying :the same, or.having so
comumenced,thereafter fails to;proceed dillg+ently and with continuity to:remedy same.
Upon termination of this Agreement, Licensee shall.at no expense to City remove
the Iinprovements encroaching into the Public. Right-of-Way, and restore the Public
Rights-of-Way to a condition acceptable to the Dirwtor of Transportafion and Public
Works,.or his or her duly authoriztd..re ntative,in accordance with.#hen-existing:City
specifications. It is understood and agreed by Licensee that if this:Agreement tctminates
And. Licensee fails to remove the Improvements and restore the Publio Right-of-Way,
Owner hereby gives City per-mission to remove the Improvements along with any
supporting structures,.restore the Public Right-of-Way, and assess a:lien on:the Property
for the costs expended by the City.in taking such actions..
9.
It is further understood .and: agreed betwe -the parties haeto that the Public
Right-of-Way to be used: and encroached. upon as described hers, is field by City as
trustee for the public; that'City exercises :such pow over the public right-cif moray 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
Row'Encmachment Agmmmt Ccrmmeroi4l Page 3 of 1.1
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.control the Public Riighv-of-Way for the use and benefit of the public.P. It is accordingly
agreed that if the goveMing body of City may at any time during the term hereof
determine in its sole discretion to use.or.cause or permit the Public Righvof�W. ay to be
used for any other public purpose, including:but not 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 this
Agreement shall terminate upon 60 days' written notice, to Llcemwe- 111.the event this
s
Agreement is.terminated under this Statiazi 9, Licensee shall perform. the obligations
regarding removing the:Improvements and restoring the Publio Right-of-Way described
in Section.8.
10.
Licensee agrees and acknowledges that this Agreement is solely for the purpose
of permitting Licensee to construct,maintain and locate the'linprovanents over or within
the described Public Right-of-Way and.is not a compyawce of any right, title or interest
in or to the Public Right-of WO.nor is it.tneant to convey any right to Us or occupy y
0 an .
property in which a third party tray have. an interest. Licensee a, t
grecs that f Vaill,obtain
all necessary permissions before occupying such property.
It
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,lmjrrovements,,:encroac.).mwnt md,uses.
12.
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,
13.
Licensee covenants and agrees that lt:sW operate hereunder as an independent
contractor 99 to all rights and.privileges granted berounder 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:opera6ons,- and all persons performing same,
and.shall be solely responsible for the acts and.on4asi-ions of its offizers,agents.,servants,
employees, -contractors, subcontractors, liecasm and. invitees. The doctrine of
respondent superior shall. not apply as between City and Licensee, its officers, agents,
servants, all
employees, contractors and subcontractors, and nothing herein shall be:
construed as creating partnership orjoint enterprise between-City and Licensee.
14.
LICENSEE COVENANTS AND ACsRE198 TO INDENWIFY, ANDDOO
HEREBY INDEWIWY,HOLD HARMLESS ANDDEFEM CITY,,,ITS
ROW Encmuchment Agmment-Comm=W Pap 4 of 11
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OFFICERS, AGENTS, SERVANTS,.EMPLOYEES, AND ELECTED OFFICIALS
1.FROM .AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR LOSS ANC/OR PERSONAL INJURY INCLUDING DEATHt TO
WH ANY AND ALL PERSONSt. OF WHATSOEVER ,KM OR CHIARACTER,
ARISING OUT OF OR IN CONNECTION WITH, THE CONSTR.I;ICTIO.N,
MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF THE
IMPROVEMENTS AND ENCROACHMENT AND USES GRANTED
HEREUNDER, WHETHER. OR NOT CATISED,, IN WHOLE OR IN PART, BY
ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS, SUBCONTRACTORS.; LICENSEES.,
ELECTED OFFICIALS, OR INVITEES OF THE CITY, AND LICENSEE
HEREBY ASS ME$ ALL LIABILITY AND :RESPONSIBILI`I`Y 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 IMPROVEMENTS AND ANY AND ALL ACTS OR
OMISSIONS OF UCENSE I"1<S OI+'FHCER,% AGENTS, SERVANTS,
EMPLOYEES,. iCONTRACTORS, SUBCONTRACTORS,,. LICENSEES,
INVITEES,OR TRESPASSERS.
15.
While this Agreement is in effect, Licensee ag es to fin-nish 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 :lusuraance covering .all ,public risks related to the
proposed .use and occupancy ofpubl o:property as described or depicted in Exhibit"A".
The amounts.of such insurance shall be.not less:than
$1,000,000 Commercial.Gtueral :ialiility
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 promptly
fallowing notice to Licence of such. requirornent. Such 'insurance policy shall not be
canceled or amended without at least 30 days.prior'written notice to the:Buildiug Official
of the City of Port'Forth. A copy of such,Certificate of Insuram,is:attached as Exhibit
B" and mcorpoxated lzernn .6r all pulses: Lie 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 fumes duriang the term of this
Agreement and until the removal of all°encroachments and the oleaning and restoration of
the Public. Right-of Way. All insurance coverage required herein:shall.include coverage
of all..Licensees:' contractors and subcontractors..
1lr.
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Licensee agrees to deposit with the. City when thi's Agreement is executed a
sufficient sum of money to be used to pay the:fees to record this Agreement in,the Real
Property Records of Tarrant County, Texas. After being,recorded, the original shall
returned.to the City Seeretary of the City Of Fart WOYtha-
17,
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 attomey's fees.
I&
Licensee covenants and agrees that it will not assign all or any of its rl.ghts,
privileges or duties under this Agreement without the prior written approval of the City,
and any attempted ass igrment without such written approval:shall be void. in the event
Licenseeconvoys the Property�.Li us May align al1 ofits dghsa obli gWons under
this Agreement to the new owner of the Property, and Licensee shall be,deemed relemd
.from its duties and obligations hereunder upon Citys. approval in writing of such.
assigrument, which approval shall. not be unreasonably conditioned or withheld.
Foreclosure by a secured lender of Licenses or assigran.ent to a wcurod lender by
Licensee in the event of defitult or otherwise shall not squire City approvat provided that
said lender notifies City in writing within 60 days of such foreclosure or an,ignment and
assumes all of Licensees' rights and obligations hereunder. However, no ohange of
ownership due to foreclosure or a3spmont to any .soced lender of Lioensee, shall be
effective as to City unless and until written n6doe:of such foreolosure or assipment is
provided to City.
19.
THE PARTIES AGREE THAT THE DUTIES, AND OBLIGATIONS
CONTAINED IN PARAGRAPH 8: SHALL SURVIVE THE TERMINATION OF
TIM AGREEMENT,
'20.
Any cause of action for'breach of this Agreement shall be brought in Tarrant
County,Texas.This Agreement shall be governed try the laws of the State of Texas.
21.
This Agreement: shall he binding upon the parties hereto.. their. successors and
assigns;
[SIGNATURES APPEAR ON FOLLOWING PAGE1
POW Eacrowhment.Agmment-Commaoid Page 6 ofl I
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THIS AGREEMENT may be executed in multiple cow ems,each of which
shall be considered an original,but all ofwhich.shall constitute one:instrument:
city: Licensee.
City o ort oarth &clair x2&Ls LLC
BV. BY 7aAslarn
Randle Harwood Name
Director Title:. Partner
Planning and.De-vel nt:Department
Date, y 2Q Date.. 2QA.
f—
ATTEST: pR roved A '`Tta:PQ and Legality
.� ..
lity S=4ryy { Assistant s y Mtorney
Contract.Compliance Manager
Ily signing I acimowledge that I am the person.
Responsible for the monitoring and..R4drn nistration
Of this contract,including wring all performance
And reporting requirements..
.
z rn�—�
Janie S,l�aral
Development Manager
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STATE OF TEXAS §
COUNTY OF TARRANT
e
This.instt orient m acknowl.*ed before me ran 2019
by Randle Harwood L P Director of the Planning and.Development Depart ment of the City
of Fort Woifh,-on behalf the City of Foxt Wotth
A vFEa tduISIE EZEROACIN. �'n t11 , .fate T .as
eta af'Teac+�
Mowy
tD'3.3O #'0"
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STATE OF TEXAS
COUNTY OF TAR ANT �
BEFORE- ME, the undersigned authority,a rotary Pn :lc in d for thetttte of
Texas,, on this flay persormilly appeared Farukh Aslarn
Partner (tlfle).;.known to me to be the person whose nme is
subsc ed to the far .g ing:instrument,and acknowledged to we that he/she exerted the
sane for the purposes and Iconsideration therein expressed,as the w and deed of
Sinclair'Holdi LLC , Limited Liability Co... ,and.in the capacity therein
stated.
GIVEN UNDEk 11r1Y HAND AND SEAL OF OFFICE this_ / -y"` day of
July 24,18
Notary Pub!%e In and for the
: + to#543 State of Texas
Qt; '�xPir�s septembst 17,rote
After Recording Return to
City of'.Fort Worth
Planning and:'Deveiopment;Department
CFA Office
200 Texas Street
>Fort Worth TX, 76102
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LEGAL DESCRIPTION OF THE PROPERTY
ROW Encrvachmot Agreamtht-Commemial Pap 14 of
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TRACT .t
A portion of tte right-of-way of West Fifth Street, a. 60 fast. wide potill.c street, adjacer►t to the s.wth line
of Block 04, of the ORIGIN& TOYM OF Ft7M WORTH: to Toty.orit County, Taxasr being: frtcre particularly
ibed by metes and bounds as followir
BEGINNING (it the idtet"a ttion of the north right-of-wqy Nne. of sold goat Fifth Street (trod the seat
right.—of—way tine of Sefuth Houston Stfaet., all $0 feet. wide. public stroot, at: the southwest corner of acid
Block 84,
THENCE North 8.0 degrees 60 minutes .t 0 seconds East along the, north right—of-wily+ One of said. 'West F(ftAt
Street and the: south tires of sold Stock 84: 9540 .foot. to the southeast_ canner of. Lot 3, of said Block 041,
THENCE South 30. degmas 00 minutes GO. seconds toot.. &.50 feet to a: poliits
THENCE South 60 degrees: 00 rninuleo 00 seconds Vilest, 24.63' feet to a .point;
THENCE North 30 dagrood 00 minutes OQ seconds.West. 3.50 feat to a ,point:
THENCE South bt) degri#es 00 minutes Ott secrorido, Blest; 76.37 fat to a Itit;
THENCE North O dagrass M minutes DO aecondii West .2.00 feet to :the Point of Beginning, and
containing 04083 acres (.276 :square feet) of land; rtiore or lase.
TRACT 2;
A portion of the right—of—wa;r of South Houston Street,: an 40 toot wide public. street,: d4locent to the watt
line of Block 84, of the ORIGINAL TOWN OF irORT WORTH, in T4crant County. Texas, being mom porticularty.
described by metes and bounds as follows.
BEOINNlNi3 at the inteiraactisiri of the aos#. right--of—way :Nile of said Sou h Haust t Str+Mdt cftid ttte ncil'ktl
right—of—Woy line of West Fifth Street, a 60 feet wide prlbtle strbit. at: the southelest 'carder of said Block
44;
THENCE South 60 degrees 00 minutes 00 seconds West, 240 feet to a paint,
THENCE_ North 30 degrees 00 minutes :00 .se"rids crest, 79.00 fast to o point-,
THENCE South 00 degrees 00 minutes:00 seconds Watt, 3.50 loot to ra point;
'THENCE North: 30 degrees 00 minutes 00 sac4riela. :4Vilstt,.21.00 fast 'to a. paint;
TtfENC.& North 80 degrees 00 minutaa 00 seconds Fast, 640 feet to the nortl1vtast carnet of Lot 3 of
will alack 84, and in the east right—of—way fine of acid South Houston Street;
THENCE South 30 degrees 00 minutes Q0 seconds: East along, tile east right—of—way tine of said 'South
Houston Street and the west bete of *64dr Block. Q4; IbM.00 foot to the• AiMt of. Beginning, and containing
0.0063 acres (274 square feet) .of land, mare ar less,
The Soots of Bearings used to prrapars: this #ketch and :description is on, assume# bowing of North W
degrees 00 minutes 00 seconds East along the rollth lift. of Slock 84..
% the, andareigried#. a.ftegitytered Prof4s lonai,
Land. Survoyor of the State of 7sxxas. do
heratiy certify tw this pleat of survey
acautrotety stet: out the metex and Bounds
leiEtlf I of tees. right—of—way
encrtiochmant desan"d.
Gilt �?ngt�eex'ng,boom lwvw Max"
Inc
April. 18, 2018 XU.43M rQ&Wa r 7sllo.eat4 a s0c
i4hatrseoNo:toagl�(w
Page 12 of 21
Location:and.Description of Encroachmee t a4 linproftments
ROW Encroachment Agreement-Commercial 'age 1.1 of It
Revise:.j 0/2017
Page 13 of 21
ATTACHMENT A
LOCATION MAP
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PROJECT
LOCATION
GRAPHIC SCALE:MOTTO SCXE`
LOCATION MAP HAM1 )t &BROvVi�,TN+�.. Rfa$rnc�Stn�#trdf►vea�snent
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am ftgW a�m..ah too PoR Wer h C9t�a+ra r.�m�aaa f rn �+>G sex akp Dear 9A2E: � EX#� V 1 1
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Page 14 of 21
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Page 19 of 21
SCALE; 1" 30! RIOHT—OF--WAS'`
_ ExH#B1T �'
ENCROACHMENT
C 14 24 a 100 PART OE
WEST FFN BEET
LOT :�, E I,C}CK �atiUTH Hollal'tJN STREET
ORIGINAL TOWN
OF FORT WORTH
dl
f
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Irl
106,
r. nr ar P4#W-'OF BEGINNING
NE TABLE
LNVir BEING LENGTK
April 18,. 1018 .. 8.
OWNER
FOSSIL CREEK 0.
.. LAND PAR-me". INC, _ .. .
Grit E ginecra: , In.c. g 1 s F-06 ON StEEF
19ATE. 621
3zta tt lQdW 761 s bs s .3is1 'FLIRT WORTH, TEXAS' 76�1 b2
+arNfl.ioty as VOL. 13146, RAGE 337 -7 t
Page 21 of 21
MARY LOUISE GARCIA
W, COUNTY CLERK 100 West Weatherford Fort Worth TX 76196-0401
' PHONE (817)884-1195
CITY OF FORT WORTH
200 TEXAS ST
FT WORTH, TX 76102
Submitter: CITY OF FORT WORTH CFA
OFFICE
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 8/17/2018 9:59 AM
Instrument#: D218183069
A 21 PGS $92.00
By:
D218183069
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.
EXHIBIT B, REVISED
CERTIFICATE OF INSURANCE
Encroachment Assignment Agreement Page 7 of 7
Rev 04/2020
4850-7455-5858v.1