HomeMy WebLinkAboutContract 54639-CA1A1 Date Received:
07/21/2021 PN21-00101
11*04 am City Secretary 54639-CAlAl
Time Received: — Number: —
ASSIGNMENT,CONSENT,AND AMENDMENT OF ENCROACHMENT
AGREEMENT
City Secretary Contract No. 54639
THIS ASSIGNMENT, CONSENT, AND AMENDMENT OF ENCROACHMENT
AGREEMENT ("Assignment") is made and entered into as of this 20 day of July ,
2021, by and between the CITY OF FORT WORTH, a Texas home-rule municipal corporation
"Ci " Westover Oakmont,LP,a Texas limited partnership("Assignor"� and South Peterson
Holdings, LLC, a Delaware limited liability company ("Assignee'). Sometimes herein City,
Assignor, or Assignee may also be referred to individually as a "Party" or collectively as the
"Parties."
WITNESSETH:
WHEREAS, the City entered into an Encroachment Agreement, City Secretary Contract
No. 54639, (the "Encroachment Agreement"), on the 0' day of October, 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,
as herein amended and attached hereto as"Exhibit A"and incorporated herein by reference for all
purposes, and are referenced therein and herein as the "Improvements"; and
WHEREAS, the Encroachment Agreement was recorded the 81h day of October, 2020, as
Instrument No. D220259418 in the Real Property Records of Tarrant County, Texas; and
WHEREAS, Assignor desires to assign the Encroachment Agreement to Assignee; and
WHEREAS, the City approves of such assignment; and
WHEREAS, City and Assignee wish to replace and supersede Exhibit "A" in the
Encroachment Agreement in order to more accurately depict the City's easement and the
encroachments.
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:
OFFICIAL RECORD
CITY SECRETARY
CSC No,54639 FT. WORTH, TX
Assignment,Consent,and Amendment of Encroachment Agreement Kev
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. 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.
City
Development Services Department
200 Texas Street
Fort Worth TX 76102
Attention: Director
CSC No,54639 Page 2 of 9
Assignment,Consent,and Amendment of Encroachment Agreement Rev 06/2021
Assignor
Westover Oakmont, LP
556 8th Avenue
Fort Worth,TX 76104
Attn: Sam Brous
Assignee
South Peterson Holdings,LLC
c/o Salis Law
26060 Acero, Suite 510
Mission Viejo, CA 92691
Attn: Adam Salis
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 Certificate of Insurance from
the Assignee attached hereto as Exhibit"B, Revised."
12. The depiction of the City's Easement and the Encroachment attached as Exhibit
"A"to the Encroachment Agreement is hereby deleted and replaced with the depiction of the
City's Easement and Encroachment attached hereto as Exhibit"A-L"
13. 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.
14. 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]
CSC No, 54639 Page 3 of 9
Assignment,Consent,and Amendment of Encroachment Agreement Rev 06/2021
ASSIGNOR:
WESTOVER OAKMONT, LP
By: WESTOVER OAKMONT GP, LLC,
its general partner
By: \' �
Namef Sam Brous
Title: Manager
Date: T6�3 2oZ
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me by Sam Brous,the manager of Westover Oakmont
GP, LLC, the general partner of Westover Oakmont, LP, a Texas limited partnership, on behalf of said
corporation tP �`Q
Notary Pub tc, State of Texas
vIRKI S. JACKSON
n Notar% Public
STATE OF TEXAS
Naary ID#•IB88045
h Cull m ExP,.Feb•uary 113.2024 j
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
CSC No, 54639 Page 4 of 9
Assignment, Consent, and Amendment of Encroachment Agreement Rev 06/2021
ASSIGNEE:
SOUTH PETERSON HOLDINGS,LLC
a Delaware limited liability company
By:
Name: Sales
Title_ Manager
Date:
A notary public or other officer completing this certificate verifies only
the identity of the individual who signed the document to which this
certificate is attached, and not the truthfulness, accuracy,or validity of
that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF_n aotatA E )
On_Tojy 2 ,2021,before me,_ arr g r Notary Public,
personally appeared—ArD ArM SA, a�%5 ,who proved
to me on the basis of satisfactory evidence to be the person(&) whose name($)is/ale subscribed to
the within instrument and acknowledged to me that he/sheAhey executed the same in
his/herftlteir authorized capacity(ies), and that by his4wxAeir signature($}on the instrument the
person(s),or the entity upon behalf of which the person(sj acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
MATT STOEVE
WITNESS MY HAN AN OFFICIAL SEAL. COMM. .23 n
U NOTARY PUBLIC COMM
-I
a} ORANGE COUNTY G1
4 My Term Ems.November 21.2023�
Signature [Seal]
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
CSC No,54639 Page 5 of 9
Assignment,Consent,and Amendment of Encroachment Agreement Rev 06/2021
APPROVED AS TO FORM AND CITY OF FORT WORTH
LEGAL/ITTY:
Vc Zne� DJ Harrell(�02109:18 CDT)
FWBC Sec. 3210 DJ Harrell, Director
Thomas Royce Hansen,Assistant City Development Services Department
Attorney City Attorney's Office
Date: Jul 20,2021 Date: J u 120,2021
a� OR
ATTEST:
R,c 7 P. � z�Ce� 0 000
°_
,on aId P.Gonzales(Ju121,2021 08:35 CDT) 00
Acting City Secretary �d'�°°° �`,d
City Secretary's Office �N1,4 D►Sa<o
[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
�e����abeetr o�beGrgGf of and reporting requirements.
Evelyn 06 ertson behalfd(J u119,20
Janie S. Morales
Development Manager
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on Tuly 20 , 20 21
by DJ Harrell, Director of the Development Services Department of the City of Fort Worth, a Texas
municipal corporation on behalf of the City of Fort Worth.
JENNIFER L. EZERNACK ennierL.ally nedby
14R
Jennifer L.Ezernack
Notary Public Jennifer L.EzernackSTATE OF TEXASDate:2021.07.20
Notary I.D. 130561630 _ 09:51:35-05'00'
My Comm. Exp.Mar. 1,2024 Notary Public, State of Texas
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
CSC No, 54639 Page 6 of 9
Assignment,Consent,and Amendment of Encroachment Agreement Rev 06/2021
EXHIBIT A
ENCROACHMENT AGREEMENT
CSC No,54639 Page 7 of 9
Assignment, Consent,and Amendment of Encroachment Agreement Rev 06/2021
Page 1 of 17
f
Date Recelved;10/08/2020
City Secretary
11100 Received;9t10 AM
Number.54639
UNT �'
G E
Commerefal
THIS AGREEMENT is made and entered into b
THE
FORT WORT1:1,a home rule municipal corp oration taf Tarran C aad @ottn� Texas Cf OF
acting by and through its duly authorized City Manager, Assistant City Manager, or
Development Services Director,and Westover Oakmont,LP,a Texas hued partnersW
("Licensee"), owner of the real prop�y located at the 7101 Oakmont Boulevard, F.p
Worth,Texas 76132("krop",,),acting by and tbrough its duly authorized Manager of
Westover Oakmont()P,LLC,its deneral.manager.
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)l,egai
wPosptiorx of the Property, attaohed as "Exhibit C" and incorporated herein for all
purposes;and
W)RU"AS,the City has a.15'Sanitary Sewer easement(the"Easement")in the
Property as shown on the map attached to this Agreement as "Exhibit A,,, whioh
incorporated herein for all purposes;and is
WHEREAS, Licensee desires. to construct, place, and/or maintain certain
improvements which.will encroach in,on,above,or below the City's Basement;-and
WHEREAS,to accommo"the needs of the Licensee,the City will allow then
encroachment under the terms and conditions as set forth in this Agreement.
NOW,THEREFORE,the City and Licensee agree as follows:
AGREEMENT
The City,in consideration of the payment by the Licensee of the fee set out below
and covenants and agreements hereina;tler contained to be kept and performed by
Licensee,hereby grants permission to Licensee to onmach in,on, above,or below aiid
occupy a Portion of the"City's Easement as described.in and at the location shown
.Exhibit A,but only to the extent shown thereon, an
for the purpose of providing down tic
on
irrigation and fire water(the"Encroachment'). Upon completion of the Encroachment,
Licensee agrees to be responsible for maintaining the Bncrosahment within the Easenrkt3nt.
B"emeat 1211emohment Agrement-comtnemlal
Page 1 of 12
Revlsed 4/202o
Title Data, Inn, UA TD250952 TA 202025941a.001
Page 2 of 17
I
Licensee shall not expand or otherwise cause the Encroachment to further inftge.in or
on City's Easement beyond what is specifically described in the exhibit(s) attached
hereto.
i
2.
All construction, maintenance, or operations 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 Enoroachment 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 males proper provisions for the
relocation and installation of any existing or future utilities affected by such
Encroaohment, 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 of 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.
A.
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 4om the Encroadhment
installed by Licensee, but the City will make reasonable efforts to tainirnize such
damage.
S.
Easement IRnM uhmmt Agreement-Comme al Page 2 of 12
Revtaoi 4/2020
Title Data, Inc. UA TD150952 TA 2020259418.002
Page 3 of 17
i
Upon termination of this Agreement,Licensee shall,at the option of and at no
expense to the City,remove the Encroachment and
p tY, restore the Easement to a condition
acceptable to the Director of Transportation and Public Works or the Director of the
Water Department,or their duly authorized representative,in accordance with then.
existing City specifications. It is understood and agreed to by Licensee that if this
Agreement terminates and Licensee fails to remove the Encroachment as directed and
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.
b.
S
In order to defray all costs of imspection 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 nay 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.
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 Basement for the use and benefit of the public. It
is accordingly agreed that if the governing body of City may at any time during the term
.hereof determine in its sole discretion to use or cause or permit the Easement to be used
for any other public purpose that does not preclude the use of the Encroachment on the
Property, including but not being limited to underground, surface, or overhead
communication,drainage,sanitary sewerage,transmission of natural gas or electricity,or
any other public purpose,whether presently contemplated or not,that the parties agree to
negotiate in good faith in order to accommodate the Encroachment and the public
purpose.
Easement Enaraachmeut Agreement-Commercial Page 3 o€12
Revised 4/2020
Title Data, Ina, UA TD150952 TA 2020259418.003
Page 4 of 17
9.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS
OFFICER$,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 PERSON-, 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,
LICENSERS,OR INVI'MES.
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 leas 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 agrmnent 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 requiremont. 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 clemft and
Ensement Rnawchment Agreement-Commeraist Page 4 of 12
Revised 4/7020
Title Data, Inc. UA TD150952 TA 2020259418.004
Page 5 of 17
restoration of the Easement. All insurance coverage required herein shall include
coverage of all Licensee's contractors and subcontractors.
11.
Licensee agrees to deposit with the City when this Agreement is executed a
sufficient sum of money to be used to pay necessary fees to record this Agreement.in the
real property records of Twant 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.
Licenses 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 Clty, 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 offcers,agents,servants,
employees, contractors, subcontractors, licensees, and invitees. The doctrine of
respondent 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 aelmowledges that this Agreement is solely for the purpose
of permitting Licensee to coustruct,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.
Nsetnatt Encroachment Agmement-Commercial Page 5 of 12
t jMwd 412020
Tittle Data, Inc. UA TD150952 TA 2020259418.005
Page 6of17
In any action brought by the City for the enforcement of the obligations of the
Licensee,the City shall be entitled to recover interest and reasonable attorneys`fees.
17.
The parties agree that the duties and obligations contained in Section 5 shall
survive the tennination of this Agreement.
Licensee covenants and agrees that it will not assign all or any of its rights,
privileges, or duties under this Agreement without the written approval of the City, and
any attempted assignment without such written approval shall be void. In the event
Licensee conveys the Property,Licensee may assign all of its rights and obligations under
this Agreement to the new owner of the.Property, and Licensee shall be deemed released
from .its duties and obligations hereunder upon City's approval in writing of such
assignment, which approval shall not be unreasonably conditioned or withheld.
Foreclosure by a secured lender of Licensee or assignment to a secured lender by
Licensee in the event of default or otherwise shall not require City approval provided that
said lender notifies City in writing within sixty (60) clays of such foreclosure or
assignment and assumes all of Licensee's rights and obligations hereunder. However,no
change of ownership due to foreclosure or assignment to any.secured lender of Licensee
shall be effective as to City unless and until written notice of such foreclosure or
assignment is provided to City,
19.
Any cause of action for breach of this Agreement shall be brought in Tarrant
County,Texas. This Agreement shall be governed by the laws of the State of Texas.
20.
This Agreement shall be binding upon the parties hereto and their successors and
assigns.
21,
This Agreement maybe 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 Westover Oakmont,LP
Westover Oakmont OP,LLC,its general
part r
$y wi c r,xoroo�eco By. �.✓
Easement Encroachment Agreement•Commercial Page 6 of 12
Revised 412020
Title Data, Inc. UA TD150952 TA 202025941B.006
Page 7 of 17
i
4
DJ Harrell,Director Name:Sara Brous
Development Services Department Title: Manager
Date: Oct r,2020 Date: 1 I
_ 7'.--Zk
fay:�4y Aat,41�
NarneiQEtJS
Title:
Date: 62-1 7-Z49x-
ATTEST: Approved As To Form and Legality
MahrHruumu
,ipynaW r.kuneeLttacti Mtn9= �^ MiEMUMiy(GCS], 0787 C4'Q
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 1 acknowledge that I am the person
Responsible for the monitoring and administration
Of this contract,including ensuring-all performance
And reporting requirements.
ram.._....
Laurie Lewis
Interim Development Manager
Esseamen(Encroachment Agreement-Commercial Page 7 of 12
Revised 412020
Title Data, Inc. UA TDI50952 TA 2020259418.007
i
Page 8 of 17
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, o d 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 'LINDER MY HAND AND SEAL OF OFFICE this Ah day of
October ,20 20 .
�U�I� 1410lly Signed byLAME P LAURIE PEQUEH.O LEWIS
PEQUENOLM Notary Pubiic.
PEQUENO LEWIS pate wo.s0.07 ts4a46 STATE OF TEXA5
0s1w Notary I.Q.132278M
Comm.Exp.Dec.10 20a
Notary Public in and fbr the State of Texas
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth,Texas 76102
Basement Oncronotunent Agm"ont-Comtnemial Page 8 aF 12
RevIwA 412020
Title Data, Iao. UA TD150952 TA 2020259418.008
i
Page 9 of 17
STATE OF TEXAS
COUNTY OF TARRANT §
BEFORE ME,the undersigned authority, a Notary Public in and for the State of
Texas,on this clay personally appeared Sam Brous, Manager of OP(Title)known.to me
to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he or she executed the same for the purposes and consideration
therein expressed, as the act and deed of 'Westover Oakmont, LP, a Texas limited
partnership(entity type),and.in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL, OF OFFICE this 2nd day of
September,2020.
MVN0914180
Notary Public in and for the NovsMb9r21%2=
>l,
State of Texas
Easement EnctUachment Agreement-Commercial Page 9 of 12
Revised 412020
Title Data, Inc. UA TD150952 TA 2020259419.009
Page 10 of 17
EXHIBIT A.
Map of Easement and Encroachment
See.attached an following 2 Pages
F,asemeotRnomaohment.Agramnent-Gommemiai Page 10 of 12
Revised 4/2020
Title Data, Inc. UA TD150952 TA 2020259418.010
i
Page 11 of 17
N'!4
FIN!
Ij
ryy0�
�5 O'uhl�yYl�.1". .
�ti 5 'U1
1
Q 5
a
J11 5 5
kpFlr 5 1
i
_ 1G0.ML'� IAIO
• -+1
e
CHA[41�E9 tlROAK
Q ,RNGAO�kf I/E5°lY1V1� 00
Title Data, Tnc. UA ID150952 TA 2020259418.011
a
�{}S w st a d. � 5 •}y I 1 i!7s Fr'k r !
l+y .f�T�tl hl St t , f1
r 4
'-
�G4.�t
r
f Vy 'fY , 5 7 eF 4'.rt Lri �+r r rtiy
+7r'll�
y
�.� •F r'n4 �, 4�y��rr rr� ! ��ur,.�hL ��"�J`�,4rft
�l
t' # 838 M f
w
nd
Page 18 of 17
EXHIBIT B
Certificate of Insurance
See Attacked on Folfowtug Page
Easauent Efteroachmont Agreement-CommoMW Pogo I I of 12
Revised 412020
Title Data, Inc. UA TD150952 TA 2020259418.013
i
Page 16 of 17
LXHIBff C
Metes and Bounds or Location Description of the Property
See attached flat Filed in Instrument#D46190106 dated 8I1 912016
Of Lot 2,Blom 1,Westover Oakmont Additioir,Fort Worth,
Tarrant County,Texas
Easement Encroachment Agreement-Commevolal Page 12 of 12
Revised 412020
Title Data, Inc. UA TDT50952 TA 2020259418,015
Page 16 of 17
Ir
�Li •�� t lliy •l �y�,4(F � a e ¢
T11i.l.
iJ
I _
Ei
+tl tlA��tt � � Y a• .3' �•
F
jkjh
�r R,
Rr
S.,
AS
Title Data, Inc. UA TD150952 TA 2020259418.016
Page 17 of 17
MARY LOUISE NICHOLSON
COUNTY CLERK 100 west Weatherford Fork Worth,TX 76196-0401
PHONE(817)$84-1195
CITY OF FORT WORTH
200 TEXAS ST
FT WORTH,TX 76102
Submitter: CITY OF FORT WORTH CFA
OFFICE
W R
Filed For Registration: 1018/20201:23 PM
Instrument* D220259418
E 17 PGS $79.00
By:
D220269418
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.
Title Data, Inc. UA TDX50952 TA 2020259418,01.7
EXHIBIT A-1, REVISED
EASEMENT AND ENCROACHMENT
CSC No,54639 Page 9 of 9
Assignment,Consent,and Amendment of Encroachment Agreement Rev 06/2021
.1
•'i.`� ��'-' {' 1A11111I11111ii1111llllff IIAAII
.� 1, -�• IIIIIIIillllllli1111I1lIIIIIII
�.�:;: ;.• , IIIIIi1111111AI11A1l111111I111
_ _ 11!!llrllllllllllllllllllll#lll
` Il.�IIIlllllllllf 11111111A111l1 :
r _ �� � - ![�11111111lIII11ii11C+;�q�ar�'I
* Ik+il Il�_�_�_�_!Iflilllll.�l!!!1 �=
iiiH 1�IIIIIIIIIIIIA I
i'���_:; �� ' •,-11 1111111111111#IIIIIIIII
- .� `��j f l.. �!I�.Itwll lllllllllllllllllll
��; � '�� -- �:x�' 1911x11lllllllllliflliilillf
�y''• t1A■.C!!IE�llllllllllllllllllll
� `•., ,` ��',!� � ��, Al1lAllllt��l�llllllllllllfllilll
: :,� �` Illlll�!IIIE.r.�J11111fi1111111111I
� IlAllltTI113•l111IIi111r11AiiA#II
-- 11�1111'�'111�1111111111#A!!!l�1�.�sl�l
� ��:� -" " 1�>dilt�lllllllllllllll
1 MICriii fF
r I-] IIIIII�I llllllllllfl
i3 ,,/' «, 1►1_.:; ACIIIIl1;:Plihh, . :?
.� /� �\\;r �:� �°. illl►1�■�'lii��ii1�11rllili1111
if � -� 11itl��.lill�f:#IIIiItl111111111I1
� :.. lill��tillll�fi111�1a11I1#IlllI11 -
IIIIiI��lllliiilIlllltlrt[1
�t �,� Illlllllllllllllll��al lII1l1#Ifl
.,yi =` � IIII�IIllllllrllit��l;l1l��' -�'�
1111�111111111i11f�illllrlilli�
.,, : lilt:ll'1#Iflilfili#SN11���
'• �• �; 11#IIIIMNuiuiiii77 i111i�M1
IIIIIIIIIIIIIIIIAIF'Illllllllii
-- 11111#IIIIIIIi111IlI�II111111#1
" ' ' "' IIIIIIIIIiIIIIIII1l�i11111111111
Illllllllilllllllliillllllllllli
� Q. n
Fb7izZ+��°' d
I Pi
1
o
0
z
D M
ror� �rwrwr�s
k
d bz �=♦a.�� Sri
�o
n:
a �
gplz
Al
:61
4
���srgtA� wwarr-a ,
EXHIBIT B,REVISED
CERTIFICATE OF INSURANCE
CSC No,54639 Page 8 of 9
Assignment,Consent,and Amendment of Encroachment Agreement Rev 06/2021