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HomeMy WebLinkAboutContract 50295-CA1 Date Received: 03/11/2022 Permit Number: 22-00008 Time Received: 9:22 AM City Secretary Number: 50295-CA1 ASSIGNMENT AND CONSENT OF ENCROACHMENT AGREEMENT City Secretary Contract No. THIS ASSIGNMENT AND CONSENT OF ENCROACHMENT AGREEMENT ("Assignment") is made and entered into as of this 7th day of March , 20 22 , by and between the CITY OF FORT WORTH, a Texas home-rule municipal corporation ("City"), Centreport Storage, L.P., a Texas limited partnership ("Assignor"), and SS Reggis Court LP, a Delaware limited partnership ("Assignee"). Sometimes herein City, Assignor, or Assignee may also be referred to individually as a"Party" or collectively as the"Parties." WITNESSETH: WHEREAS, the City entered into an Easement Encroachment License Agreement, City Secretary Contract No. 50295 (the "Encroachment AgreementI% on the 20th day of February, 2018, with Assignor, the owner of certain real property located at 3954 Reggis Ct., Fort Worth, Texas 76155, as 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 on the 7th day of March, 2018, as Instrument No. D218048761 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. OFFICIAL RECORD Encroachment Assignment Agreement CITY SECRETARY PN22-00008 FT. WORTH, TX 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. Ci1y Development Services Department 200 Texas Street Fort Worth TX 76102 Attention: Director Assignor Centreport Storage, L.P. 222 E. Wisconsin Avenue, Suite 200 Lake Forest, IL 60045 Attn: J. Patrick Corsiglia, Jr. Encroachment Assignment Agreement Page 2 of 9 PN22-00008 Rev 04/2020 With a copy to: Kelly Hart& Hallman LLP 201 Main Street, Suite 2500 Fort Worth, Texas 76102 Attn: Chad Key Assignee SS Reggis Court LP 4901 Vineland Road, Suite 350 Orlando, Florida 32811 Attn: Legal Department 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 9 PN22-00008 Rev 04/2020 ASSIGNOR: Centreport Storage L.P. a Texas limited partnership by: Farragut Investment Management,LLC a Delawart; limited liability company it's general er A By: / Name: Michael J. Greenfield Title:Managing Member STATE OF L--I MI; § COUNTY OF § This instrument was acknowledged before me by Michael J. Greenfield, as the Managing Member of Farragut Investment Management,LLC,a Delaware limited liability company,the general partner of Centrepoint Storage,L.P.,a Texas limited partnership,on behalf of said limited partnership. Notary P615fic,State of Printed Name: [NOTARIAL SEAL] My commission ex it Notary ,---.ai.lic OFFICIAL SEAL State o I ii,i;5is Jodie L. Nedeau My Commission Expires 5/2/2022 Notary ui:lic State of Illinois My Commission Expires 5/2/2022 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Encroachment Assignment Agreement Page 4 of 9 PN22-00008 Rev 04/2020 ASSIGNEE: SS Reggis Court LP a Delaware limited partnership by: SS Reggis Court GP,LLC a Delaware limited liabili company gg it's general partr By: Name: Kyle Schmutzle Title: Authorized Signatory STATE OF Florida § COUNTY OF Orange § This instrument was acknowledged before me by Kyle Schmutzler, as the Authorized Signatory of SS Reggis Court GP, LLC, a Delaware limited liability company, the general partner of SS Reggis Court LP, a Delaware limited partnership,on behalf of said limited partnership. X-physical presence X-personally known to me — ary Public, State of Florida Printed Name:-FGw•D,h O:QQ 1 it O1/_ [NOTARIAL SEAL] My commission expires: --4-UV-D Rkwk `"`• FARAHAMMAR `�= Notary Public•State of FloridaCommission#HH 111651a`' My Comm.Expires May 4,2025 Bonded through National Notary Assn. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Encroachment Assignment Agreement Page 5 of 9 PN22-00008 Rev 04/2020 APPROVED AS TO FORM AND CITY OF FORT WORTH LEGALITY: For: wj"1�'0��/ DJ Harrell(�02208:24 CST) FWBC Sec. 3210 DJ Harrell, Director Thomas Royce Hansen, Assistant City Attorney Development Services Department City Attorney's Office Date: Mar 4,2022 Date: Mar 7,2022 a TEST: AAy l 0100 on ��a� d J nette S.Goodall(Mar 10,2022 11 CST) P O O 0��� iiYYff O Jannette Goodall 000 o=d 0 City Secretary ��*oo �c�d 00 &C not Required) �OO0000°° d ��nEXAS-oAp Date: Mar 10,2022 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. �G���ob���t a�LL144' Evelyn Ro erts on behalf of(Mar 7,2022 08:08 CS Janie S. Morales Development Manager Date: Mar 7,2022 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Encroachment Assignment Agreement Page 5 of 8 Rev 04/2020 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on _the 7th day of March 2022 by 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. LlBeardsl enedbyWendy Wendy L. gitally pRY ve WENDY L BEARDSLEE Beardslee Date:2022.03.0710:38:37 z Notary Public -06'00' + ,r STATE OF TEXAS N !� Notary I.D. 13323719-3 Notary Public, State of Texas T9rFOFj�+ My Comm. Exp.July 28, 2025 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Encroachment Assignment Agreement Page 6 of 8 Rev 04/2020 EXHIBIT A ORIGINAL AGREEMENT WITH ATTACHED EXHIBITS Encroachment Assignment Agreement Page 8 of 9 PN22-00008 Rev 04/2020 Page I of 18 804 -161* 31712.018 1:32 PM PGS 18 Fee: $84.00 Submitter: SIMPLIFILE �ctionically Recorded by Tarrant County Clerk in Official Public Records SEC rcia N/ EASEMENT ENCROACHMENT LICENSE AGREEMENT Commercial THIS AGREEMENT is made and entered into by and between THE CITY OF FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"), acting by and through its duly authorized City Manager, its duly designated Assistant City Manager or Planning and Development Director, and Centreport Storage, LP [full legal name], a(n) Limited Partnership [type of entity] ("Licensee"), acting by and through its duly authorized managing Member ftle], owner of the real -oroDertv located at 3954 Reggis Ct Fort Worth, TX 76 155 ("Property-.). RECITALS WHEREAS, Licensee is the owner of certain real property situated in the City of Fort Worth, Tarrant Cootity, Texas, more particularly described in the attached Legal Description of the Property, and WHEREAS, the City 44-a Sanitary Sewer&Water , easement(the "Easement")in the Property as shown on the 40#,'�,,Att, ached to this Agreement as Exhibit "A" and tP incorporated herein for all purp s;1�11 WHEREAS, Licensee desires to construct/place and maintain certain improvements which will encroach onto the Easement;and WHEREAS, City will allow the encroachment under the terms and conditions as set forth in this Agreement to accommodate the nqeds of the Licensee. NOW,THEREFORE,the City and Licensee agree as follows: AGREEMENT 40" j City, in consideration of the payment by the Licensee of the fee"Wt out belwx and covenants and agreements hereinafter contained, to be kept and performedby Licensee. hereby grants permission to Licensee to encroach upon and occupy a portion of the City's Easement for the purpose of Carport with Solar Photovoltatic Array (the "Encroachment") as described in and at the location shown on Exhibit "A" but only to the extent shown thereon. Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within and above the Easement. Licensee shall not expand or otherwise cause the Encroachment to further Easement Encroactunent Agreement-Commercial Page I of 11 PM Rpv M111117 Page 2 of 18 infringe in or on City's Easement beyond what is specifically described in the Exhibit(s) attached hereto. 2. All construction, maintenance and operation in connection with such Encroachment, use and occupancy shall be performed in strict compliance with this Agreement and the City's Charter, Ordinances and Codes and in accordance with the directions of the Director of the Transportation and Public Works or the Director of the City's Water Department, or his or her duly authorized representative. Licensee shall submit all plans and specifications to the applicable Director or his or her duly authorized represemative prior to the construction of the Encroachment. Licensee shall not cotmnence construction of the Encroachment until receiving written approval by the Director, but such approval shall not relieve Licensee of responsibility and liability for concept, design and computation in the preparation of such plans and specifications. 3. Upon prior written notice to Licensee, except in the case of an emergency, Licensee agrees that City may enter and utilize the referenced areas at any time for the purpose of installing, repairing, replacing, or maintaining improvements to its public facilities or utilities necessary for the health, safety and welfare of the public or for any other public purpose. City shall hear no responsibility or liability for any damage or disruption or other adverse consequences resulting from the Encroachment installed by Licensee, but City will make reasonable e#'forts to minimize such damage. In the event that any installation, reinstallation, relocation or repair of any existing or future utility or improvements owned by, constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance or existence of the Encroachment and use, Licensee shall pay to City an additional amount equal to such additional cost as reasonably determined by the Director of Transportation and Public Works or the Director of the Water Department, or said Director's duly authorized representative. 4. Licensee agrees to pay to City at the time this Agreement is requested an application fee of$325.00 in order to defray all costs of inspection and supervision which City has incurred or will incur as a result of the construction,maintenance. inspection or management of the encroachments and uses provided for by this Agreement. Easement Encroachment Agreement—Commercial Page 2 of I 1 nra - uPti, 1n/»017 Page 3 of 98 5. The term of this Agreement shall be for 30 years, commencing on the date this Agreement is executed by City. However, this Agreement shall terminate upon Licensee's non-compliance with any of the terms of this Agreement. City shall notify Licensee in writing of the non-compliance, and if not cured within 30 days, this Agreement shall be deemed terminated, unless such non-compliance is not susceptible to cure within 30 days, in which case this Agreement shall be deemed terminated in the event that Licensee fails to commence and take such steps as are necessary to remedy the non-compliance with 30 days after written notice specifying the same, or having so commenced,thereafter fails to proceed diligently and with continuity to remedy same. 6. It is further understood and agreed between the parties hereto that the Easement to be used and encroached upon as described herein, is held by City as trustee for the public;that City exercises such powers over the Easement as have been delegated to it by the Constitution of the, State of Texas or by the Texas Legislature; and that City cannot contract away its duty and its legislative power to control the Easement for the use and benefit of the public. It is eordingly agreed that if the governing body of City may at any time during the terrniifiereaf Oetermine in its sole discretion to use or cause or permit the Easement to be used for and, other public purpose, that does not preclude the use of the Encroachment on the ProNrty, 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 goal faith in order to accommodate the Encroachment and the public purpose. 7. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER. ARISING OUT OF OR IN CONNECTION WITH, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION.OF THE ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACT'0' S, 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 Easement Encroachment Agreement—Commercial Page 3 of I 1 PN _ Rw, 1A/1017 Page 4 of 18 OF OR IN CONNECTION WITH THE ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES,OR INVITEES. 8. While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance naming City as certificate holder, as proof that it has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and described in Exhibit"A". The amounts of such insurance shall be not less than S1,000,000 Commercial General Liability with the understanding and agreement by Licensee that such insurance amounts may be revised upward at City-s option and that Licensee shall so revise such amounts immediately following notice to Licensee of such requirement. Such insurance policy shall not be canceled or at'ttended without at least 30 days prior written notice to the Building Official of the ('.1ty o�.Fort Worth. A copy of such Certificate of Insurance is attached as Exhibit "B" and incorporated herein for all purposes. Licensee agrees to submit a similar Certificate of lifsurance annually to City on the anniversary date of the execution of this Agreement Licensee agrees, binds and obligates itself, its successors and assigns,to maintain and keep in force such public liability insurance at all times during the term of this Agreement and until the removal of the Encroachment and the cleaning and restoration of the Easement. All insurance coverage required herein shall include coverage of all Licensees' contractors and subcontractors. 9. Licensee agrees to deposit with City when this Agreement is executed a sufficient sum of money to be used to pay necessary fees to record this Agreement in the Real Property Records of Tarrant County, Texas. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. 10. Licensee agrees to comply fully with all applicable federal, state and local laws. statutes, ordinances, codes or regulations in connection with the construction, operation and maintenance of the Encroachment and uses. Easement Encroachment Agreement—Commercial Page 4 of 11 PN _ RPv in/1011 Page 5 of 18 11. Licensee agrees to pay promptly when due all fees,taxes or rentals provided for by this Agreement or by any federal,state or local statute,law or regulation. 12. Licensee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant or employee of City, and Licensee shall have exclusive control of and the exclusive right to control the details of its operations, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. The doctrine of respondeat superior shall not apply as between City and Licensee, its officers, agents, servants. employees, contractors and subcontractors, and nothing herein shall be constmed as creating a partnership or joint enterprise between City and Licensee. 13. Licensee agrees c id"acknowledges that this Agreement is solely for the purpose of permitting Licensee it) construct, maintain and locate the Encroachment over or within the Easement and is not a, cmveyanec of any right, title or interest in or to the Easement nor is it meant to convey any right to use or occupy property in which a third party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. 14. In any action brought by the City for the enforcement of the obligations of the Licensee, City shall be entitled to recover interest and reasonable attorney's fees. 15. The parties agree that the duties and obligation contained Sections 3 and 4 shall survive the termination of this Agreement. 16. Licensee covenants and agrees that it will not assign all or any of its rights, privileges or duties under this Agreement without the written approval of City;and:Any attempted assignment without such written approval shall be void. In the evetit LWis�- conveys the Property, Licensee may assign all of its rights and obligations undue 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 Easement Encroachment Agreement-Commercial Page 5 of I 1 Page 6 of 18 said lender notifies City in writing within 60 days of such foreclosure or assignment and assumes all of Licensees' rights and obligations hereunder. However, no change of ownership due to foreclosure or assignment to any secured lender of Licensee shall be effective as to City unless and until written notice of such foreclosure or assignment is provided to City. 17. Any cause of action for breach of this Agreement shall be brought in Tarrant County,Texas. This Agreement shall be governed by the laws of the State of Texas. 18. This Agreement shall be binding upon the parties hereto,their successors and assigns. SIGNATURES APPEAR ON FOLLOWING PAGE] Ic niSflji: t.l. I•fl' Ilfi' r...... Easement Encroachment Agreement—Commercial Page 6 of 11 PW _ RPv tnnnn17 Page 7 of 18 TMS 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: Centreport Storage, L.P. By: Farragut Investment CITAOdIeHa O H Management, LLG,General Partner (Entity) By: By: d Nam ; Michael Greenfield Director ' Title: Managing Member Planning and Development Date: . 20 t Date: " 4- 2 , 2Q ATTEST: Approved As To Form and Legality cr y a rf sistaCitY S nt City Attorney compliance Manager By signing I acknowledge that I am the person Responsible for the monitoring and Administration Of this contract, including ensu6q.�l performance And reporting requirements. rn Janie S. Morales Development Manager Easement Encroachment Agreement—Commercial Page 7 of 11 FN _ Roo In»n» Page 8 of 18 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on , 201'?. by Randle. Harwood, Director of the Planning and Development Department of the City of Fort Worth,on behalf the City of Fort Worth. ,,•�� ■■,I� JENNIFER LOWSE JURNACK = r F Notary Public. S016 or Tmxas I A II/I& •"*4 Comm.Explras 03r�o1-2020 Notary iD 1305616 ;7 Nota blic, State of Texas t r 'rI Easement Encroachment Agreement—Commercial Page 8 of 11 P1V _ RPv MOA17 Page 9 of 18 STATE OF Ji L § COUNTY OF K E § BEFORE ME, the undersigned authority, a Notary Public in and for the State of T- on this day personally appeared c/m La r (title), known to me to be the person whose name is subscribed to the foregoing instrument,and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of fVeSIMZ4 A^0 'f'YIJ uc' a N(AL" L� , and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this C. 0day of 200 'Id Oki arnw— NWT Pow-Smogwhoo rotary:public in and for the State o >>N {s{ After Recording Return to: City of Fort Worth Planning and Development Department CFA Office ""``� 200 Texas Street Fort Worth TX, 76102 Easement Encroachment Agreement—Commercial Page 9 of i l PM - RPI/ 1 f IM I Page 10 of 18 LEGAL DESCRIPTION OF THE PROPERTY PAM:a ut't LEGAL DESCRIPTION PARCEL 17 Tieing a 1.195 acre tract of land situated in the John Burnett Survey, Abstract No.1 78. 'rarrant County,'rexas and being all of lA9 3,Block 201 A,Area 2.Section 1,Centreport,an addition to the City of Iron WOA,•texas,as recorded in Cabinet A. Slide 3449, Plat Records.Tarrant County. Texas,and a portion of Reggis Court(a 60 foot.R.O.W.).and being mote;particularly described as follows: Fi1:G1NNING at a found 112 inch iron rod said point being the southwest comer of said Lot 3, Black 201 A.and the southeast corner of Lot 4,Block 201A,as recorded in Cabinet A,Slide 3449, Plat Records,Tarrant County, Texas.and also being in the north line of Lot 3. Block 201 B. as recorded in Volttune 388-170, Page 98,Deed Records,'Tarrant County,Texas; THEN C L North 0 1007 11"E",leaving said north line of Lot 3,Block 201 B.and along the cost line of Lot 4, n distance of 175.00 feet passing a found In inch iron rod, said point being the southerly northwest corner ofsaid Lot 4,Block 201 A,and continuing for a total distance of225.00 feet to a point ibr corner.said lxiint being in the centerline of said Reggis Court; THENCE South 88°52)"Fast,leaving said centerline,a distance of 50.00 feet}gassing a laund 1/2 inch iron rod,said point hems the northwest corner of said Lot 3, Block 201 A,also being the southwest comer of Lot 2,Block 201 A as recorded in Cabinet A,Slide 3449,Plat Records,Tarrant County,T'oxes.and continuing ror a lot-it distance of231.00 feet to a found Ill inch iron rod far earner,said point being in the west line of Lot 1 Rl,Block 201 A,area 2,Section I as recorded in Volume 3MI93.Page 28,Deed Records,Tarrant County,Texas; THENCE*South 011107 11"West,along said west fine,a distance ot'225.00 feet to a found 1/2 inch iron rod.said point being the southeast corner of said Lot 3,Block 201 A,and bring in the north line of Lot IA.Block 2018,Area 2,Section 1,as recorded ut Cabinet A,Slide 3007,Plat Records, Tarrant County,Texas. THENCE North 81105249"West,along said north line.a distance of 231,00 feet to the 110INT OF BEGINNING and CONTAINING 51,975 square feet or 1.195 acres of land,more or less. Basis of Bearing is per plat recorded in Cabinet A, Slide 3449. Plat Rw;ords, 'Tarrant County, Texas. 1t1. 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I F p I WWI 4 L Fk m 4 CA Page 16 of 18 MV Lin N m ao Be o r�, Fwr m 3 co CD CL a HSS 14A-Column -TV --- ---rn ,a P m . rn O C 3 O t GH Imo{ F-� o C�/� il11lli" „y r� �.•f" nljr Vl Io �a g ttf Tall _ 2' 11-0' Y N cu IV o � 31 = VJ m A � N a_ N O Page 17 of 18 i pe l'i"xil I i9 xg � a x CNtaIP�� ' I I i i qp C%(b � £ [ R R n I I [ C% 0 if S [ x i E 4 z� � 8$, ' ` paQl I I 'm 1 ,4t;� e a u ~r RBGM COURT --------"---- mlm 41 37 --------------------------------- Hill MET ' "a� ��, m Z i I MOM A I l_s � yQg VIP 21 x 4 y � y � y �'n'g 3$�Q � '� a# g g 1 Fl ,F y i 10 a _Nab x „ N z w ., r 9 I DFW STORAGE 21"95 x•_ K•_ DOR EXHIBIT B,REVISED CERTIFICATE OF INSURANCE Encroachment Assignment Agreement Page 9 of 9 PN22-00008 Rev 04/2020