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HomeMy WebLinkAboutContract 51097-CA1 DateRm*ed« Sep 16,2021 Pew l of 21A1. 9 Thue Received: 3:30PM & 1 lqo.. 51097-CAI AMIGPOdE T AND CO M OF RQ I�VIC� City Secretary Con4vt No. 51097` THIS AWGTQMZM OF ENCROA ENVIT AGRIMENT C' , gagggt'" is made and Wtaed M-0 as of WS, 16th day of September , 2021 , by ad,beVowft, Chi' OF FORT WORTH, a Tom home4gle municipal corporation, O ',, DD Pmsidio 14.98, LLC, a Gcoq0a Limited Liability Cody by Morrow Investors, 1W, a Georgia Corporation, its m er (" no "), aid. PAC Presidio, LLC, Delaw4m, Lime Liability Company CAssh ►ee"), Sometimes herdt City, Assignor, or Afisignee may also be reed; to individdally as a"Party"''or collectively 08 the", rties.'> ITNPSSETH 'WHEREAS, the City,entmod WW as Facroacrm nt Agrwment, City Secretary Cam No. 51097 (flee �qmaghMW AgIlgWafD, on ft 8'h clay of AUgUA 2019,with Akignor, the off' of certain red pmpofty more cularly dasiuibdd in the attached Legal Description ('fie "P M 9W located adjumat to or nicer the City's ri&-of-way on Leh the encrofthmAdts are located. The mmoacbmonts am more pandcularly des riUd in 'ire Encroa.cbment Agreement, , -`hed herd as A„and incoMdtated herein by mference for all proposes and am ref cr ced therein and herein W 26 ` _- - -- WMUX^ the Encroachment AppomM was recorded 29th day of July,,20191.as h tritment No. D21.9165296 in the 9W Pt6pany of n CouvM T, WHEREAS,rigor desires to assign flie,Encrowfiment Agreement to Anignw. A.GI EEMIgNT NOW THIMUORE, for and in chid on of the awe and:going promises_ and ft mOW coveams, ems, W coxr Lions herein ooxtaln4 W other good and mumble omi on, the receipt =4 officlency of Bch is hmby wbowledgA the Padas hereby agree as follows. 1. Assignor herby assigns, ftansfbM and nv s W1 rights delegM it duties 00 abligatiow err Encro, nt A emcnt to Agdoes,' 2 Assignee hereby acqVts the AwiPMA& gMW herein, and assumes all of Assignor's rights, duties, and obligations arising under ihe Ewroadbmnt Agent. 3. Assignor has full right, parr and aloft to enter Ido this Assignmert, to make It rVosentodons set fail herein and to car out Assignor's obligations r3 r. f' Lill Akd�t A ent 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, end ;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 MOtixt Date. G. 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 Parry must be in writing and shall be effective upon receipt when (i) sent by V.S. mail with proper pq � roprtifio, mil 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. CC Development Services Department 200 Tcxas Strcet Fort Worth TX 76102 Attention: Director Assi nor DD Presidio 14.98, LLC 403 Corporate Center Dr. Stockbridge, GA 30281 Assignee PAC Presidia, LLC 3284 Northside Pkwy NW Suite 150 Atlanta, GA 30327 Encroachment Assignment Agreement Page 2 of 8 Rev 04/2020 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 S Rev 04/2020 THIS PAGE TO BE USED BY THE ASSIGNOR ONLY ASSIGNOR.: DD PRESIDIO 14,98, LLC a Georgia limited liability company By: PAC Carveout, LLC, its sole member By: Preferred Apartment Communities Operating Partnership, L.P., the sole member of its Board of Managers By: Preferred Apartment Communities,Inc., its sole general partner By: - Je y rai Ex utive ice President Ge ral Counsel and Secretary STATE OF I-Eikhg § COUNTY OF § This instrument was acknowledged before me on1.1 =fLr 20 ;)--7A _by Jeffrey Sprain, as the Executive Vice President General Counsel and Secretary of, PAC Presidio, LLC a Delaware Limited Liability Company. � ► t Am` •..�pTARy »�C7 s Notary Public EXPMEs GEORGIA AUGUST 27,2023 co ,' FIIFL1L111»�+A Dncroachineiit Assignment Agreement Page 4 of 8 Rev 04/2020 THIS PAGE TO BE USED BY THE ASSIGNEE ONLY ASSIGNEE: PAC Presidio, LLC By: PAC Carveout,LLC,its sole member By. Preferred Apartment Communities Operating Partnership,L.P,, Wied e member of its Board of Managers By: PreApartment Communities, Inc., its sole General Parnter By: Jeff Sprain Exe u ive Vice President Gen ral Counsel and Secretary Date: ' C-3, � A. STATE OF TAWFAS § COUNTY OF '�70LX-Oi, ) § This instrument was acknowledged before me onTiL ', 2 w , 20 c by Jeffrey Sprain,as the Executive Vice President General Counsel and Secretary of, PAC Presidio,LLC a Delaware Limited Liability Company. YN 6 � Notary Public EXPMES - GEORGIEI A �r . Cil.'ST 27 2023 , �. e •, _f' •. ��- �.*, e ► EXPIRES a GEORGIA i� " % AIJ GUST 27,2023 i> e � r Encroachment Assignment Agreemerrf �`�, ` ,RuB0 ••, A, Page 5 of 8 o Rev 04/2020 APPROVED AS TO FORM AND CITY OF FORT WORTH LEGALITY: larrell(�202116:42 CD-0 FWBC Sec. 3210 DJ Harrell, Director T. Royce Ilansen Development Services Department Assistant City Attorney II City Attorney's Office Date: Sep 10, 2021 Date: Sep 10, 2021 �a p OF°F°0 0 0 ATTEST: �`o o'; ° o° G ------ ° ° ° Ronald Gonzales, Acting City Secretary ��� j.°°°°°°iIiS qby City Secretary's Office 4a���� �4 [No M&C Required] Contract Compliance Specialist: By signing I acknowledge that I am the person responsible Bot the monitoring acid administration of this contract, including ensuring all performance and reporting requirements. Janie Scarlett Morales Interim Development Manager STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on _September 14 , 20 21by DJ Harrell, Interim. Director, as the Director of the Development Services Department of the City of Fort Worth, a Texas municipal corporation on behalf of the City of Fort Worth. °,�p.RYpLeG JENNIFER L. EZERNACK Jennifer L. Digitally signed by Jennifer L. _ Notary Public Ezernack * + STATE OF TEXAS Ezernack Date:2021.09.14 14:47:42-05'00' NT GGGVVV P Notary I.D. 130561630 My Comm. Exp.Mar. 1,2024 Notary Public, State of Texas Encroachment Assignment Agreement OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX EXHIBIT A ORIGINAL AGREEMENT WITH ATTACHED EXHIBITS Encroachment Assignment Agreement Page 7 of 8 Rev 04/2020 Exhibit A Page 1 of 19 CITY 1E4'lRE'1tAWY 1 CONTRACT `i EASEMENT ENCRO CHMEINT_L C_ U AGREEMO Commerciai V• _ THIS AGREEMENT is made aced entered into by and between TM LM OF FORT WORTH, a home-nde municipal:aarpomdon of Tarrant aunty, Texas C"City'"), acting by and through its duty awhorized City Manager,its duty desip Med Assistant City Manager or gunning and Deve opment Direew,and D Presidio 14.99,=a Georgia limited liability company Micensee'), acting by and throes its duty auffierized Vice President of Marrow investors,: Inc., Manager of Licensee, owner of-tyre MAd property located at 2000 Presidio Vista Drive,Fort Worth,TX 76177("Property'). RECITE WHEREAS,Licet is the 0VV=•of:certain real property situated in the City of Fort Worth, Tarrant County, 'Texas,. metro pad$icularly described in the attached Legal Dcajcription of the.Property;and WHEREAS, the City has a Sarmitary, Sewer and Fb)odplain emwr ent (the "Eamment")in the Property as shown on the nmp allcicd to this Agreeaent as Exhibit "A"and incorporated herein for all purposes;and WHEREAS, Licensee desires to construct/place and maintain certain improvements which will encroach tmto rite Eases and WHEREAS,City'will allow the twmadmiant under the terms and conditions as set.forf-till iUs Agreement to accommodate the needaof the Licens NUM',THEREFORE,the City and Licensee agree as Bellows; AGREENIWO 7. 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 pafarrned by Licensee, hereby grants permission to Licensee to enm oadh upon and occupy 9.portion of the City's Easement for the purpose of constructing a 6' jn&W fence (the "Encroach e) as desent-bed in and at the location shown on AcR* "A" but only to the extent shown thereon, Upon completion of the .Enewachment, Licensee agrees to be responsible For maintaining the Encmacbinent within and above the Easement, Licensee shall not expand or otherwise copse tie'Encroackmcnut to futha inffrirp in or an CiVs Easement beyond what is speci-fically described in tho Exhibit(s)attacl"hereto. 2, 2015 Easement Encroachment Agreement-Coa=ereW par 1 of u PN 18-00058 ReV. I W2017 Title Data, Inc. CC TDI48946 TA 2018183070.001 Page 2 of 19 All construction. mainte=ce and operation in oortnection with such Encroachment, use and occupancy shall be per uuned in strict complianee with this Agreement and the City's Chanter, Ordinances and des and in aecordatxw with the dimetions of tlae Director of the Tmnsportation and Public Wotks or the Director of the C:ity'sWater Department, or his or her duly au t dzed repmseritative, Lioeme:shall submit all plans and spe cificatious to,t1w applicable Director or his or her duly auflwriaed representative prior to the construetion of the Encroachment Licensix shall not cominence construction of the Encrombment until receiving wtitten appmval by the Director, but such approval shall not reliever.Limsee of responsibility amd liability .for concept design and computation in the prcparttion of such plans and specif icat iow. I Upon prior written notice to Lim, enept in the cAse of an emergency, Licensee agrees that City may enter and utilize the rdenneed awns at any time for the purpose of installing, repairing, replacing, or maintaiming improvements to its, public facilities or utilities zwcewq for the health, safety ead, welfare of the public or for Ray other public purpose. City shall. Bear no responsibility or liability for any damage or disruption or ofiier advem consequenoes resulting from the Encroachmeat installed by Licensee, but City will make msvttabie vMM to Atinbin such d4inqp. I tht~ event that any installation,reinstallation, relocation or repair of'any exubL}g or fat=utility or. improvements owned by,constructed by or an bOhalf of the public or at public expense is made molt costly by vihw d the construction, maintenance or existence, of the Encroachment and use, licensw shall pay to City an additional amoutrt equal to such %WitionW cost as reasonOly determined by tie .Director of Trausportation and,Public Works or the Dimaor O.f.the Water Deparkmerr# or said Director's duly autkodze l representative. 4. Licensee agrees to pay to City at The time #his Agreement is requested an application..fee of$325.00 in order to defray all casts of btspection and supervision which City Maas incurred or will incur as a.result of the-to n4ruction, mai tenance,.inspection or management of the:encroachments and uses provided.for by this Agreement. 2015 Easement.Erncmaclnnent A,gmemeat-Commercial Page 2'Af 11 Rev. 10/2017 Title Data, Inc. CC TD148946 TA 2018183070.002 Page 3 of 19 S. The wrtn of this.Agreement.shall be-for 30 years, commencing On the date this Agreement is executed by City. Hawevcr, this Agre ment shall torminEft upon Licensee's non-compliance with any of the terms of the A,gmmnt. City shall notify Licensee in. writing of the naa-compliance, and if not ceased witWn. 30 days, this Agreement shall be deemed.tem u nWd,walesa such nor-cc►ta pha nce W not sunept ble to cure within 30 days, in which case this Agreement shall be deemed twninated in the event that Licensee£ails to commence and take such steps as are awmiry to remedy the non-cojjpkjfi Wyb ays}alter written ..notice specifying the same, or having so commenced,ihereaR isteproceed&ligendyar4 with oaaWnWy W t medy same. 6. It is further undermod and-agreed between the parties hereto that the Easement to be used and encroached upon as-described herein,is held by City as trustee_for ft public; that City excises such powors over the Ea meat as have bow delegated to it by the Constitution of the State of Texas or by the Texas L4slature; and that City cannot contract away its duty and its legislative power to control the Easemend for the use and Wwfit of the public. It is accordingly age diet if the governing body of City may at any time during the teen hereof determine in lts:sale discretion to:use or•cause or permit the.Easement to be used for any other public pupae, that does:not pmlude the use of the Encroachment on the Properly,, including but not being limited to underground, surface or overhead communication,drat e;sartitaay sewrage,transmission of Wural gas or electricity,or any other'public purpose,whether pWsently contemplaeted or not,that the parties agree to negotiate in good faith in order-to accommodate ffie Encroachment and the public.purpose T. LICENSEE COVENANTS ANC► AGREES TO INDEM L', AND DQEiS HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, TTS OFFICERS, AGENTS; SERVANTS, EMPLOYEE%AND ELECTED OFFICIALS FROM AND AGAINST ANY AND ALL CLADS OR.SQYTS POP, PROPERTY DAMAGE OR LOSS ANDIOR PERSONAL INJURY, INCLUDING DEATH, TO .ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CE LR.ACTER, ARISING OUT OF OR IN CONNECTtO-N WITH, 'IOW CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, E)USTENCE OR,LOCATION OF THE ENCROACHMENT Alm USES GRAMMI)H.EREUNDERo WHETHER OR NOT CAUSED, IN WHOLE AR IN PART, BY THE NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICUM Q►R INVITFXS OF THE CITY; AND LICENSEE HEREBY A"UMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH. CLAIIN,S OR SUITS. LICENSEE SHALL LMWIiSE ASSUME ALL. LIABILITY AND RESPONSIBILITY AND 5ML E14MM74W CITY FOR 201 S Easement En=achment Agreement-Cammemisi N0 3 Of 11 PN 1"058 Aev.1 WD1Y Title Data, Inc. CC TDI48946 TA 2018183070.003 Page 4 of 19 ANY AND ALL INJURY OR DAMAGE TO OW.FRtlP RTY AIUSING OUT OF DR IN CONNECTION WITH. THE ENCROACHMENTS AND ANY AND ALL ACTS OR UMISKONS OF LICENSEE, ITS OFFWER,SO AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS; SDBCONTR C"TC1RS, LYCENSM,OR INVrrEES. S. While this Agrcement is in a et; Licensee agtm 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. Pam. - ff proposed use and occupancy of public Pml��3'�'ltro ca and described in Exhibit"A,�, The amounts of such insurance shalt be riot.less than $1,00,000 Commer Ani Gentnd Uabl Hty with the underswrAng and agteetrrent by Licemee that stich inmimae amounts may be revised upward at City's elation and that Licensee shaU so rose such amounts irnmedidely follovigg notice to Licensee of such requirement, Such. insurance Policy shall not be canceled or amended without at leap 30 days prior written aotice to the Building Official of the City of Fort Worth, A copy of such Certificaty of Insurrtrrc . is attached as Exhihit "B" and incorporated herein for ali purposes. Licensee agrees to submit a similar Certjficafe of Insixmtace anu4y to City on the awaiversary dac of the execution of this Agreement fl; Licensee agrees,.binds and obligates ftseK its success and assigns,to maintain and keep in force such public liability insurance at all Times during the term of this Agreement aatl until the removal of the lEneroachment and the cleaning and restoration of the Easement: All insurance coverage required herein shall include coverage of all Licensees'contractors and subcontractors. 9. Licensee agrees to deposit with City when this Agreement is executed a sufficient sum of money to, be used to pay necessary fees to record this Agreement In the Real Property Records of Tavant County, Texas. After being mcotded,.the original shall be retumcd to tt City Se=Utry of the City of Fort Worth. 10. Licensee agrees.to comply_tiny w0h all applicable federal, state and local laws, statutes,.ordinances codes.or regulations in connection-with the contraction, operation and maintenance of the Encroachment and imes. 201.5 Easement Encroachment Avvemant-Commercial Pq�e.4 of'}t PNl8-00058 Ttev.1{t U17 Title Data, Inc. CC T0148946 TA 2018183070.004 Page 5 of 19 11, Licensee agrees to pay'promptly when due all fps,taxes or rentals provided for by this Agreement or by any federal,.state or loot;statute,later or regulation. 12. Licensee covenants and agrees that it shall operate hemunder as an in*endent Contractor"as to all rights acid privileges.granted.herewrdor and not.as an officer, agent, servant or employee of City, and Licensee shall have exclusive ccttrol of and the exclusive right to control the details of its operations, and,all persons performing sonic, and shall be solely-responsible for the acts and omissions of its offices,agents, servants, employees, contractors, subcontractors., l omsees and invitees. The doctrine of respondeat superior shall not apply as between City and Licensee, its offioers, agents, servants, employees, comWors and subcontractom and nothing herein shall be construed as creating a partnership or Joint enterprift between City and Licensee. 131. Licensee agrees and acknowledges that this Arent is solely for the purpose of permitting )[;ices to tonsnruot, maintain aad locM ft Encroaelu=t over or within the Easement and is not a conveyaw4 of a�r-!SK, 4f, Hurst 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. Licertsce agrees that it will obtain all nay permissions before occupying such prapeiqy, 14. In any action brought by the City for the eaforvcr=t of the obligations of the Licensee,City slmll be entitled toxecover i*"sf and reasonable attorneys fees. IS. The parties agree that the ditties and:Wigw6o a contained Sectlma 3 and 4 shall survive the termination of this Agmrment. 1�. Licensee cavenants and agrees that.it will- riot assign all or any of its rights, privileges or duties under this Agreement-witbout the written approval of City, and any attempted aWgmpnt without such wriften approval shall be void. lh the event Licensee Qonveys the Property, Licensee may assign all of'its rights =d oblipdous ender this Agreement to the new owner of the Prepaty,and LIcenee shall U downed'released.from its duties and obligations hereunder UPM CiW9 ApproW ift vaifmlg of such assignment, which approval shall trot be unreasonably condWomd or tiult OVId. Forecloswe by a secured.lender of Lime or as''grrnteut.to a secured.`lender by Licensee in the event of 2,015.Easement Fatcreachment Agreement-Commercial NO 5 Of.11 PN 18.000M Rev,10/201 T Title Data, Inc, CC TD148946 TA 2018183070,005 Page S of 19 default or otherwise;slut] not requite City approval pwvided fhat said lender notifies 701y in writing within 60 days of such fareclogure orassigratmt and acmes all of Licenws' rights and obligataans hereunder.. However,no.change of ownership due to foreclosure or assigrtment to any secured tender of Licensee altal;l be effective as to City urdess and until written notice of such foreclosute or assipment is provided to City, 17. Any cause of acfian fbr breach of this Agreement shall be brought in Tarrant County,Texas. This Agreement shall'be governed by the laws of the State of Texas. is. This Agreement shall be binding upon the%parties hemto,their successors and assigns. SIGNATURES APPEAR.ON FOLLOWING PAGE] 2015 Easement Ete rvachmmt Agrement-Co==1af Page 6.vf i T PN 1"0058 Rev. WWI Title Data, Inc. CC TD148946 TA 2018183070,006 Page 7 of 19 THIS AGREEMENT may be executed in muttiplc rou"arts,each of WWQh shall be considered an original;but all of which shall constitute ere i&gramdrit_ city Licensee: CITY DR FORT WORTH UD PRESID1014j",LLC,a Georgia fimited lfshility company By: Morrow Investors,. , a Georgia corporation,Its Mana By: By, " ndle Halood Name; FrW S.H=1 Director Title: Vice Presid Planning and Deg l me►t Date: ,20 FOR ATTEST: roved.As To Fomn and Legality 0?' . S C' Sec tart City Attornoy Contract Compliane+e Manager By wing I;aclnowicdgc that]am the pom m Respofilble for the mvnitoring and AdminiWatioa Of ffikdnntrad,including ensuring all performance And*porting requirements. JaWe S.Moralo Development Manager 2D.lS Ease tent.EriCraaChr e�dl.� reFlnEnt-CommomW. Page 7 of I I PN 18-00058 Rev. 1 OM17 Title Data, Inc. CC TD148946 TA 2018183070.007 Page 8 of 19 STATF,OF TEXAS F COUNTY OF TARRANT § This instrument was acknowledgW before me or► 92010 by Rand1c Harwood, Director of the P1 d Develoj&ent Department of the City of Fort Worth,on behalf the City of Fort 7 h. Nb Publi to Qf AT ~;'is Ne s cry t*tiaW[c;S tafa,o!T 6 .1 CMM.t3VO&Z�1-20ac n otary..1#�13Z After R=rding Ret=to: Planning&Development Development Coordination.Office 200 Texas Street Fort Worth TX, 76102 2015 Easement Encroachment Agreement-Commerc'igl Page$of 11 PN i$-00058 Ray. 1012017 Title Data, Inc. CC TDI48946 TA 2018163070.008 Page 9of '19 STATE OF GEORGIA § COUNTY OF HENRY § BEFORE ME, the undersigned authority, a Notate Public in and for the Mate of Georgia, on this day personally appeared Fred S. Hard, Vice President of Morww Investors, .Inc., a Georgia:corporation, ManW.of DD Presid€o 14.98,"LLC,. a Georgia limited liability company, known to me to be the;person whose:name is subscribed to the foregoing Jt tn�nt, .and: acknowledged to fne that he exouted the same for Tho. purpcees and consideration therein expressed, as the act and deed of DD Prepidio 14.99, LLC and in the capaoxty therein stated, GIVEN UNDER MY HAND AND SEAL OF OFFICE t/f ly of July,201S. I�]o ublic in and.for the State' 'Georgia a��t��r.ri►�4 lo 0 NARY '■;' 'r., m •�► w s� w •. .. tat a tilt** 2015]3asement..Encroachment Agreement-Commercial Page 9 of 11 PN I8-00059 Rat+. 1012017 Title Data, Inc. CC TD148946 TA 2018183070.009 Page 10 of 19 LEGAL DESCRM'ION OF THT PR7PERTy 00 Fra p wou I—: �tlIP dxg1r1r10�'313�4JAIA[$w,4uw LGW YCP.OH�N4.y[pruwjyy MOWN Is;A>ffl( " tN THC CAY OF MM wDirT1l,TAY1RAbr7 COtWk TEIIw+.A"WJW,PART OF A 34.3f9 ACAiOF UJKI DESCRISMIN I.-WikL WAAMMIr KW t0 DP4,W AS.REOORPM Di M,CPMW CLERW'S DOCUMEW MO. 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CC TDI48946 TA 2010183070.017 Page 19 of 19 MARY LOUISE GARCIA COUNTY CLERK 100 West Weatherford Fort Worth,TX 76196-0401 '`• �°'r PH()NF(817)884-11PS 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#: D218183070 A 19 PGS $84.00 By. D218182070 ANY PROVISION WH[CH 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. GC TD148946 TA 2018183070.019 EXHIBIT B,RE,VISED CERTIFICATE OF INSURANCE ,EneroacWent Assignment Agreement Page 8 of 8 Rev 04/2020