HomeMy WebLinkAboutContract 54318-CA1 Date Received: 03/03/2021 City Secretary
Time Received: 2:45 pm Number: 54318-CAI
ASSIGNMENT AND CONSENT OF ENCROACHMENT AGREEMENT
City Secretary Contract No. 54318
THIS ASSIGNMENT OF ENCROACHMENT AGREEMENT ("Assignment") is
made and entered into as of this 26th day of February , 2021, by and between the CITY
OF FORT WORTH, a Texas home-rule municipal corporation ("City"), SRPG GOLDEN
TRIANGLE LLC, a Delaware limited liability company ("Assignor"), and ROBERT M.
MEYER AND BUFFY B. MEYER, TRUSTEES OF THE BB TRUST DATED
FEBRUARY 10, 2020 ("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. 54318 (the "Encroachment Agreement"), on the 17th day of August, 2020, 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 20th day of August, 2020,
as Instrument No. D220206746 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.
NY 0006246pv2 1 oMeroachment Assignment Agreement OFFICIAL RECORD
CITY SECRETARY
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 terns and conditions set forth
herein. Unless and until City has executed this Assignment, it is of no effect. The consent
granted herein should not be construed as consent to any further assignments. The failure or
delay of City in seeking to enforce any provision of the Encroachment Agreement or this
Assignment shall not be deemed a waiver of rights or remedies that City may have or a waiver of
any subsequent breach of the terms and provisions therein or herein contained.
8. Any notice given by any Party to another Party must be in writing and shall be
effective upon receipt when (i) sent by U.S. mail with proper postage, certified mail return
receipt requested, or by a nationally recognized overnight delivery service, and (ii) addressed to
the other Party at the address set out below or at such other address as the receiving Party
designates by proper notice to the sending Party.
City
Development Services Department
200 Texas Street
Fort Worth TX 76102
Attention: Director
Assignor
SRPG Golden Triangle LLC
4201 Spring Valley Road, Suite 450
Dallas, Texas 75244
Attention: Ashley King
NY 0006246Page 2 OMeroachment Assignment Agreement
Rev 04/2020
Assignee
Robert M. Meyer and Buffy B Meyer,
Trustees of the BB Trust Dated February 10, 2020
11006 West Rowland Avenue
Littleton, Colorado 80127
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 shall continue to be in full force and effect.
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]
NY 0006246Page 3 oMeroachment Assignment Agreement
Rev 04/2020
ASSIGNOR: ASSIGNEE:
SRPG GOLDEN TRIANGLE LLC'
a Delaware limited liability company Robert M.Meyer,Trutstee ofthe BB Trust
CV) - - dated February, lU 2020
By:
Name: Ashley!!!5
Buffy E.Meyer,Trustee of the B Trust
dated February 1 , 2020
Title,Real Estate Director
Ashley King
[ACKNOWLEDGAHRM ON THE FOLLOWING PAGE]
OFFICIAL RECORD
NY OM � tr�ent A CITY SECRETARY
FT. WORTH, TX
STATE OF TEXAS §
COUNTY OF-14� §
This instrument was acknowledged before me by Ashley King, as the Real Estate Director of
SRPG GOLDEN TRIANGLE LLC, a Delaware limited liability company, on behalf of said limited
liability company.
Nj,
Notary Public,State of Texas
[NOTARIAL SEAL]
SALIMA HADI
4�v PVa�i
6;Notery Public,State of Texas
. Comm,Expires 10.22.2022
Notary ID 130U02129
nv000eza%je 5 0rY F�croachmentAssignmentAgreement OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ASSIGNOR: ASSI
SRPG GOLDEN TRIANGLE LLC f
a Delaware limited liability company Robert M. Meyer, Trustee " the BB Trust
dated February 10, 2020
Name: Ashley Name: �Buffy eyer, Trustee of the BB ILL
dated February 10, 2020
Title: Real Estate Director
[ACKNOWLEDGMENTS ON THE FOLLOWING PAGE]
OFFICIAL RECORD
NY 000624N2gC 4 o croachment Assignment Agreement CITY SECRETARY
FT. WORTH, TX
STATE OF COLORADO )
_ ss.
COUNTY OF :50 �OfY) . )
On �� , 2021, before me, , Notary Public,
personally appeared Robert M. Meyer and Buffy B. NYeyer, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument, and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacities, and that by his/her/their signature(s) on the instrument the person(s) or the
entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY of PERJURY under the laws of the State of Colorado that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal. t3AWN R. LEETCH
NOTARY PUBLIC
STATF. OF COLORADO
NOTARY iD 20174041040
04LisiY l''4XASSI(A EXPIRES OCT.3,2021
No y ubli.c. [Seal]
OFFICIAL RECORD
NYOOU6246�Q 6 jycroachment Assignment Agreement CITY SECRETARY
ageFT. WORTH, TX
APPROVED AS TO FORM AND CITY OF FORT WORTH
LEGALITY:
DJ Harrell(Fet 26,2021 09:33 CST)
FWBC Sec. 3210 DJ Harrell, Director Development
Matthew A. Murray, Assistant City Attorney Services Department
City Attorney's Office
Date:
2-26-2021 Date: 2-26-2021
ATTEST: ,cyoFo00a 00o a�
�0��0`1GI C70`1T.Gt�1
0
'for Ronald P.Gonzales(Mar 3,202109:36 CST) ��o o0 �
0
Mary Kayser, City Secretary p� o
City Secretary's Office aQa>l r°° o dp�nEap oa
[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 March 3 _ 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.
LAURIE Digitally signed by
LAURIE PEQUENO LEWIS
RYPG LAURIE PEQUENO LEWIS PEQUENO LEWIS Date:2021.03.03
2�P a� Notary Public 07:35:35-06'00'
. . STATE OF TEXAS
Notary I.D. 132278952 y Notar Public State of Texas
N,. GV P
9jFoF� My Comm.Exp.Dec.10,2023
OFFICIAL RECORD
F,, CITY SECRETARY
NY 0006246P,2 7 o croachment Assignment Agreement
FT. WORTH, TX
EXHIBIT A
ORIGINAL AGREEMENT WITH ATTACHED EXHIBITS
NY 00062a6Page 8 oMeroachment Assignment Agreement
Rev 04/2020
Page 1 of 19
Date Received: 08/20/20 City Secretary
Time Received: 1:56 pm Number: 54318
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
Development Services Director, and SRPG GOLDEN TRIANGLE LLC, a limited
liability company ("Licensee"), owner of the real property located at 4741 Golden
Triangle Blvd, Fort Worth, Texas 76244 ("Property"), acting by and through its duly
authorized Co-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 C" and incorporated herein for all
purposes; and
WHEREAS,the City has an utility easement(the "Easement") in the Property as
shown on the map attached to this Agreement as "Exhibit A," 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; 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 A, but only to the extent shown thereon, for the purpose of installing a water
service line (the "Encroachment"). Upon completion of the Encroachment,
Licensee agrees to be responsible for maintaining the Encroachment within the
Easement. Licensee shall not
Easement Encroachment Agreement-Commercial Page 1 of 12
Revised 4/2020
Page 2 of 19
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.
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.
3.
Licensee, at no expense to the City, shall make proper provisions for the
relocation and installation of any existing or future utilities affected by such
Encroachment, use, and occupancy, including 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
Easement Encroachment Agreement-Commercial Page 2 of 12
Revised 4/2024
Page 3 of 19
acceptable to the Director of Transportation and Public Works or the Director of the
Water Department, or their duly authorized representative, in accordance with then-
existing City specifications. It is understood and agreed to by Licensee that if this
Agreement terminates and Licensee fails to remove the Encroachment as directed and
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.
9.
Easement Encroachment Agreement-Commercial Page 3 of 12
Revised 4/2024
Page 4 of 19
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 B" and incorporated herein for all purposes. Licensee agrees to submit a
similar Certificate of Insurance annually to the City on the anniversary date of the
execution of this Agreement.
Licensee agrees, binds, and obligates itself and its successors and assigns to
maintain and keep in force such public liability insurance at all times during the term of
this Agreement and until the removal of the Encroachment and the cleaning and
restoration of the Easement. All insurance coverage required herein shall include
coverage of all Licensee's contractors and subcontractors.
Easement Encroachment Agreement-Commercial Page 4 of 12
Revised 4/2024
Page 5 of 19
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.
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.
Easement Encroachment Agreement-Commercial Page 5 of 12
Revised 4/2024
Page 6 of 19
17.
The parties agree that the duties and obligations contained in Section S 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.
City: Licensee:
CITY OF FORT WORTH SRPG GOLDEN TRIANGLE LLC
z llzr 2W
By: DJHa:a3ci(Avgia,ww2d:MCM) By: cy�
DJ Harrell, Director Name: Ashley
Easement Encroachment Agreement-Commercial Page b of 12
Revised 4/2020
Page 7 of 19
Development Services Department Title: Real Estate Director
Date: August 17,2020 Date: T'I i t I-za Z'Z�
ATTEST: Approved As To Form and Legality
MAW-
Mary Kayser,City Secretary FWBC Sec. 3210
City Secretary's Office Matthew A. Murray,Assistant City Attorney
City Secretary's Office
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.
Laurie Lewis
Interim Development Manager
Easement Encroachment Agreement-Commercial Page 7 of 12
Revised 4=0
Page 8 of 19
11 1 1 ' 11 ilri1iiii' 1 1
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 D.J. Harrell, 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 this 17thday of
August 202fL_,
,�p.RY I've LAURIE PEQUENO LEWIS
LAURIE Digitally signed by LAURIE _ Notary Public
PEQUENO LEWIS * * STATE OF TEXAS
PEQUENO LEWIS Date:2020.08.17 12:24:37-05'00' NyrFOFt � Notary I.D. 132278952
My Comm.Exp.Dec. 10,2023
Notary Public in and for the State of Texas
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
Easement Encroachment Agreement-Commercial Page 8 of 12
Revised 4/2020
Page 9 of 19
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
on this day personally appeared Ashley King, Real Estate Director 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 SRPG Golden Triangle LLC, a limited
liability company, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of;l �;a ,
20 Z O
--7
" r: DEYANiRA SARAY SILGUERD
Nod ry Public in and for the :Y�.• �-:
F My Notary ID#132181191
State of /C:` L N ' Expires September 23,2023 F 't'
Easement Encroachment Agreement-Commercial Page 9 of 12
Revised 412020
Page 10 of 19
EXE"IT A
Map of Easement and Encroachment
Easement Encroachment Agreement-Commercial Page 10 of 12
Revised 412020
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Page 13 of 19
EXHIBIT B
Certificate of Insurance
Easement Encroachment Agreement-Commercial Page 11 of 12
Revised 412024
Page 15 of 19
NAMED INSUREDS: Stonewall Road Partners LLC
Heritage Restaurant Group Holdings LLC
SRRG Holdings LLC
Stonewall Road Property Group LLC
Stonewall Road Restaurant Group LLC
SRRG Kentucky LLC
SRRG Restaurants LLC
SRRG NBL LLC
SRPG Summer Creek I LLC
SRPG Golden Tri I LLC
Page 16 of 19
EX MIT C
Metes and Bounds or Location Description of the Property
Easement Encroachment Agreement-Commercial Page 12 of 12
Revised 412020
Pacie17of99 77777)
EXHIBIT licit
ENCROACHMENT E)GHBIT
125 SQUARE FEET
NORTH BEACH STREET ADDMON
CITY OF FORT WORTH,TARRANT COUNTY,TEXAS
BEING a 125 square foot tract of land situated in Fort Worth,Texas,being a portion of a 25 foot City of Fort Worth Water&
Sewer Easement as recorded in Document No.D21231991 &D213002760,of the Deed Records of Tarrant County,Texas,
(D.R.T.C.T.), and being a portion of Lot 3R1,Block A of North Beach Street Addition,an addition to the City of Fort Worth,
Tarrant County,Texas,according to the Plat thereof recorded in Document No.D220099751 of the Plat Records of Tarrant
County,Texas(P.R.T.C.T.),and being a portion of Golden Triangle Boulevard(variable width public right-of-way),as
dedicated for right-of-way by said North Beach Street Addition,and being more particularly described by metes and bounds
as follows O:
COMMENCING at a 5/8 inch rebar with a cap stamped"Dunaway Assoc."found for the Northwest corner of said Lot 3R1,
same being the Northeast corner of Lot 4R,Block 1 of North Beach Street Addition,an addition to the City of Fort Worth,
Tarrant County,Texas,according to the Plat thereof recorded in Document No.D218239537,P.R.T.C.T.,and lying on the
South line of Lot 1X,Block 2 of North Beach Street Addition,an addition to the City of Fort Worth,Tarrant County,Texas,
according to the Plat thereof recorded in Document No. D212208453,P.R.T.C.T.;
THENCE South 00 Degrees 12 Minutes 59 Seconds East,departing the South line of said Lot 1X,with the West line of said
Lot 3R1 and with the East line of said Lot 4R,a distance of 335.16 feet to a point for the Southwest corner of said Lot 3R1,
same being the Southeast corner of said Lot 4R,and lying on the North right-of-way line of said Golden Triangle Boulevard;
THENCE North 89 Degrees 47 Minutes 01 Seconds East,the the North right-of-way line of said Golden Triangle Boulevard,
and with the South line of said Lot 3R1,a distance of 99.08 feet to a point for comer and the POINT OF BEGINNING of
the herein described tract;
THENCE North 00 Degrees 12 Minutes 59 Seconds West,departing the North right-of-way line of said Golden Triangle
Boulevard,over,across, and upon said Lot 3R1,a distance of 20.00 feet to a point for corner,said point being the Northwest
corner of the herein described tract, and lying on the North line of said Water&Sewer Easement;
THENCE North 89 Degrees 47 Minutes 01 Seconds East,continuing through said Lot 3R1,and with the North line of said
Water&Sewer Easement,a distance of 5.00 feet to a point for comer, said point being the Northeast corner of the herein
described tract;
THENCE South 00 Degrees 12 Minutes 59 Seconds East,continuing through said Lot 3R1,passing at a distance of 20.00
feet,the North right-of-way lineof said Golden Triangle Boulevard and the South line of said Lot 3R1,and continuing for a
total distance of 25.00 feet to a point for corner, said point being the Southeast corner of the herein described tract, and lying
on the South line of said Water&Sewer Easement;
THENCE South 89 Degrees 47 Minutes 01 Seconds West,with the South line of said Water&Sewer Easement,and through
said Golden Triangle Boulevard,a distance of 5.00 feet to a point for comer, said point being the Southwest comer of the
herein described tract;
THENCE North 00 Degrees 12 Minutes 59 Seconds West,continuing through said Golden Triangle Boulevard,a distance of
5.00 feet to the POINT OF BEGINNING and contanng 125 square feet or 0.003 acres of land,more or less.
WINDROSE
LAND SURVEYING I PLAITING
22D ELM STREET,SUITE 200 I LEWISVILLE,TX 75057 1 214.217.2544
FIRM REGISTRATION NO.10194331 1 WINCROSESERVICES.COM
P.9.1 W2 DRAWN BY:E.R. DATE:08/07/202D
W\F.gk,...k.glw.t--k E.gb—hg\4741 cddm rrkngl.—F!Mhhh\Dra.hg.
Pacie18of19
NOTE: EXHIBIT 11 C11 LEGEND OF ABBREVIATIONS:
• Bearings and distances are based an the ENCROACHMENT EXI IIBTT
State Plane Coordinate System,Texas C.M.-CONTROL MONUMENT
North Central Zone(4202)North 125 SQUARE FEET P.R.T.C.T.-PLAT RECORDS,
American Datum of 1983(NAD 83)([JS TARRANT COUNTY,TEXAS
Foot)with a combined scale factor of NORTH BEACH STREET ADDITION D.R.T.C.T.-DEED RECORDS,
1.00012. CITY OF FORT WORTH,TARRANT COUNTY,TEXAS TARRANT COUNTY,TEXAS
P.O.C.-POINT OF COMMENCING
'MAWA REW ASS=' LOT IX,BLOCK 2 P.O.B.-POINT OF BEGINNING
FMM (CAL) NORTH BEACH
P.O.C. STREET ADDITION
DOC NO.D212208453 Line Data Table
P.R.T.C.T.
Line # Distance Bearing
L1 20.00' N00'12'59"W
L2 5.00' N8947'01"E
y L3 25.00' S00'12'59"E
w L4 5.00' S89'47'01"W
a
h
L5 5.00' N00'12'59"W
a
O
O
I
LOT 2R1,BLOCK A
I NORTHBEACH
LOT 4R,BLOCK 1 STREET ADDITION
NORTH BEACH STREET I DOC.NO.D220099751
ADDITION LOT 3R1,BLOCK A P.R.T.C.T.
DOC NO.D218239537 NORTH BEACH STREET I
P.R.T.C.T. ADDITION
DOC NO.D22MW751
P.R.T.C.T. I
I
I
I
ENCROACHMENT
L2 125 SQ.FT.
0.003 ACRES
5' RIGHT-OF-WAY
DEDICATION a
— DOC. NO. D218239537 ^+ ---
P.R.T.C.T. - - - N89 "E°47'01 99.0$' P.o.B.a - —
- - - - - L5 L4
N89°4T01"E RMAR �-Ae
FOUNID (RAL)
8.52'
GOLDEN TRIANGLE
BOULEVARD
(VARIABLE WIDTH R.O.W.)
W I N D R O S E NORTH
LAND SURVEYING I PLATTING 30 0 30
L�FMIRMREGISTRATION
ET,SUITE 200 1 LEWISVILLE,TX 75057 1 214.217.2544
N0.10194581 I WINDROSESERVICES COM
DRAWN BY:E.R. DATE:OB/07/2020 SCALE: 1"=30' Pa®•2 of 2
Y.\&aM wMa\wbtw wk Enaw wma\4741 GWdan Trbmgla—Ft riwth\Dr Jhpa
Page 19 of 19
I.
MARY LOUISE NICHOLSON
COUNTY CLERK
i 4
100 West Weatherford Fort Worth,TX 76196-0401
PHONE (817) 884-1195
CITY OF FORT WORTH
CFA OFFICE
200 TEXAS STREET
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: 8/20/2020 2:51 PM
Instrument#: D220206746
E 19 PGS $87.00
By:
D220206746
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,
CERTIFICATE OF INSURANCE
NY 0006246Page 9 oMeroachment Assignment Agreement
Rev 04/2020