Loading...
HomeMy WebLinkAboutContract 44653-CA1T1Date Received: 02/08/2023 Record Number: PN22-00066 Time Received: 12:46 p.m. City Se c re tary No.: 44653-CAlTl TERMINATION OF ENCROACHMENT LICENSE AGREEMENT This TERMINATION OF ENCROACHMENT LICENSE AGREEMENT is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation of Tarrant County, Texas, acting herein by and through its duly authorized City Manager, Assistant City Manager, or Development Services Department Director, and FW 710 Main, LP ("Licensee"), a Te xas limite d partne rs hip, acting herein by and through its duly authorized representative. RECITALS WHEREAS,City andLicenseemade andenteredinto City Secretary Contract No. 44653- CAI (the "Agreement"), on July 24th, 2013, to authorize Licensee's encroachment upon the City's Right -of -Way for the purpose of constructing and maintaining an awning at the front of the building; and WHEREAS, the parties now wish to terminate the Agreement. NOW, THEREFORE, City and Licensee, acting herein by and through their duly authorized representatives, enter into the following agreement: 1 . The Agreement is hereby terminated effective on February8,2023 OFFICIAL RECORD 2. CITY SECRETARY FT. WORTH, TX Revised 03/09/2022WB Page 1 of 3 Pursuant to Section 19 of the Agreement, the parties hereby agree that the requirements of :D Section 8 of the Agreement shall survive this termination. C ity: CITY OF FORT WORTH By: DJ Harrell (Feb 7, 2023 16:25 CST) DJ Harrell, Director Development Services Department Date: Feb 7, 2023 Attested by- f oftr 4�� 000000. Irf io A. o oo o �ox 00, oz 0 o o o 166 � 4", 000000000* ll?"El- Jannette Goodall, City Secretary City Secretary's Office Feb 8, 2023 Licensee: FW 710 Main, LP a Texas limit pa er hi By: Name:VUSa'n S. Gruppi Title: Manacino, Member ZD ID Date: Approved As To Form and Legality: C) FWBC Sec. 3210 Thomas Royce Hansen, Assistant City Attorney City Attorney's Office Jan 25, 2023 Contract Compliance Specialist: By signing I acknowledge that I am the person responsible for the monitoring and administration ZD of this contract, including ensuring all performance and reporting requirements. ZD 1�9,Agaa 0&eg 014191f Rebecca Diane Owen (Jan 25,2023 16:02 CST) Rebecca Owen Development Manager Date: Jan 25, 2023 OFFICIAL RECORD Revis ed 03/09/2022 WB CITY SECRETARY Page 2 of 3 FT. WORTH, TX 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 DJ HarrelL Director, known to me to be the person whose name is subscribed to the foregoing instrunient, 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 7th dayofFebruary ,2023 Digitally signed by Wendy L. Wendy L. Beardslee y P WENDY L BEARDSL]EE Beardslee Date: 2023.02.07 17:54:42 Notary Public -06'00' STATE OF TEXAS Notary Public, State of Texas Notary LD, 13323719-3 OF1 My Comm. Exp. July 28, 2025 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, Texas, on this day personally be the person whose name is that he/she executed the sam and deed of FW 710 Main, stated- "0.", RILEY TILLMAN § �v-' -,Notarj Public, State of Texas 0 § V. Comm. Expires 03-28-2026 § Notary ID 133670197 the undersigned authority, a Notary Public in and for the State of appeared Susan S. Gmppi� Managing Member, known to me to subscribed to the foregoing instrument, and acknowledged to me for the purposes and consideration therein expressed, as the act LP, a Texas limited partnership, and in the capacity therein GIVEN UNDER MY HAND AND SEAL OF OFFICE this -��da of -90VC4v�beC 20 2Z-- Notary Public, S# of Texas Revised 03/09/2022WB Page 3 of 3 D221320077 11/02/2021 08:30 AM Page: 1 of 23 Fee: $107.00 Submitter: COFW CFA OFFICE Electronically Recorded by Tarrant County Clerk in Official Public Records 'Q MARY LOUISE NICHOLSON COUNTY CLERK Date Received: 10/28/201 Time Received: 2:15 prn Permit Number: PN21-00147 City Secretary Number: 44653-CAl ASSIGNMENT AND CONSENT OF ENCROACHMENT AGREEMENT City Secretary Contract No. 44653 THIS ASSIGNMENT OF ENCROACHMENT AGREEMENT ("Assienment") is made and entered into as of this 27th day of October 9 20 21 , by and between the CITY OF FORT WORTH, a Texas home -rule municipal corporation Tarrant Services, Inc, a Texas corporation ("Assignor"), and FW 710 Main LP, a Texas 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 Encroachment Agreement, City Secretary Contract No. 44653 (the "Encroachment A2reement"), on the 14 day of July, 2021, 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 26 day of July 12013 ' as Instrument No. D213197028 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: I . 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. Encroachment Assignment Agreement Pagel of8 PN21-00147 Rev 04/2020 D221320077 Page 2 of 23 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. Ci Development Services Department 200 Texas Street Fort Worth TX 76102 Attention: Director Asgoqr Tarrant Services, Inc. 2705 St Louis Ave Fort Worth, TX 76110 Encroachment Assignment Agreement Page 2 of 8 PN21-00147 Rev 04/2020 D221320077 Page 3 of 23 Asaignee FW 710 Main LP 2623 White Settlement Rd Fort Worth, TX 76107 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. [STGNATURES APPEAR ON FOLLOWTNG PAGES] Encroachment Assignment Agreement PN21-00147 Page 3 of 8 Rev 04/2020 D221320077 Page 4 of 23 ASSIGNOR: Tarrant Se a'l *0rMrntftWEA1tio11 S By: Name!--T"erry Hoover Title: President Date: October 19, 2021 STATE OF TEXAS § COUNTY OF -rAZP-Ar--r § This instrument was acknowledged before me bv &Z±u as the 1 9, 4t of Om euz JzZk, a Texas Corporation on behalf of said corporation. 0"( Lisa R Ttyeadgin My Ccl.*,i. Eplm �N _22 Of I D Nrl 314856(A 0% op STATE OF TEXAS § COUNTY OF TARRANT § Notary PublJ'c-,-'5t—afe of 'f exas Qi This instrument was acknowledged before me by as the of a Texas Limited Partnership, on behalf of said Partnership. [NOTARIAL SEAL] Encroachment Assignment Agreement PN21-00147 NaturN Public, State of 1'eXaS PacTe 4 of'8 R ev 04/2020 D221320077 Page 6 of 23 APPROVED AS TO FORM AND LEGALITY: CITY OF FORT WORTH &=--A DJ Har,ell (Oa 21, 202113:11 CDT) FWBC Sec. 3210 DJ Harrell, Director Thomas Royce Hansen, Assistant City Attorney Development Services Department City Attorney's Office Date: Oct 27, 2021 �TTEST: — P a� Ronald P. Gonzales, Acting City Secretary (M&C not Required) Date: Oct 27, 2021 Date: Oct 27, 2021 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. e Evelyn IToberts on behalf of �Oct 27, 2021 12:41'CDT)' Date: Oct27,2021 Janie S. Morales Development Manager Encroachment Assignment Agreement PN21-00147 Page 5 of 8 Rev 04/2020 D221320077 Page 7 of 23 STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on . October 27th, 9 2021 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. WENDY L BEARDSLEE Notary Public STATE OF TEXAS Notary I.D. 13323719-3 14R My Comm. Exp. July 28, 2025 Digitally signed by Wendy L Wendy L Beardslee Date: 2021.10.27 15:35:55 Beardslee -05 '00, Notary Public, State of Texas Encroachment Assignment Agreement PN21-00147 Page 6 of 8 Rev 04/2020 D221320077 Page 8 of 23 EXHIBIT A ORIGINAL AGREEMENT WITH ATTACHED EXHIBITS Encroachment Assignment Agreement PN21-00147 Page 7 of 8 Rev 04/2020 D221320077 Page 1 of 14 Page 9 of 23 MY SEMAW t%f%rr0Af'%T MA RIGHT OF WAY ENCROACHMENT AGREEMENT (COUAIrRCIAL) a TR;9'AGRF,EMENT is made and entered into by and between the City of Fort Worth, a municipal corporation of Tarrant County, Texas, acting herein by and through its duly authorized City Manager or its duly authorized Assistant City Manager or Planning and DevelopmW Department Director, hereinafter referred to as the "City", and Tarrant Services, Inc. .,'''acting herein by and through its duly authorized Per13, A. Hoover, President hereinafter referred to as "Licensee", Owner of the property located at 708South Main Street, Fort Worth T as 76104 ("Property"). AGREEMENT For and in consideration of the payment by.,L_i..9,ensce.of the fee set out below and the true and faithful performance of the mutual covenants heicin contained, City hereby gants to Licensee permission to construct/ install and/or allow to remain, Improvement(s) ("Improvement") that encroaches upon, uses and/or occupies portions of the space under, on and/or above the streets, alleys, sidewalks andother public rights -of - way, such Improvement(s) are described as follows: Awning atfront of building The location and description of said Improvement and the encroachment is more particularly described in Exhibit "A", attached hereto, incorporated herein and made a parl hereof for all purposes. 2. All construction, maintenance and operation in connection with such Improvement, use and occupancy shall be performed in strict compliance with this Agreement and the Charter, Ordinances and Codes of the City and in accordance with the directions of the Director of Transportation and Public Works of City, or ]its duly 2012 ROW Encroachment Agreement -Commercial RECEIVED JUL 2 3 HiS Page I of 10 D221320077 Page 2 of 14 Page 10 of 23 authorized representative. All plans and specifications thereof shall be subject to the prior en approval of the Director of Transportation and Public Works, or his duly auth I resentative, but such approval shall not relieve Licensee of responsibility 1z and liab' concept, design and computation in preparation of such plans and spccificatlo� 3. Upon co letio 7 uction and installation of said briprovement and A thereafter, there shall e c Ir, wits in, under, on or above the surface area of the streets, alleys, sidewalks and otfie�,,,po , U64 ights-of-way involved, except as described MV herein and shown on the hereinabove refid"ift'dO Exhibit "A". -A Ad,; 4. roper provisions for the Licensee. at no expense to the City, sfw,_ &-la-,13 relocation and installation of any existing or AWA, encroachment use and occupancy, including the securing o the utility companies and the appropriate agencies of the subdivisions. In the event that any installation, reinstallation, r, affected by such and consent frorn existing or future utility or improvements owned by, constructed by or-q; public or at public expense is made more costly by virtue of the its political a of any 0 the maintenance or existence of such encroachment and use, Licensee shall pay t 'C I'll additional amount equal to such additional cost as determined by the Director Transportation and Public Works of the City, or his duly authorized representative. 5. City may enter and utilize the referenced areas at any time for the purpose of installing o r maintaining improvements necessary for the health, safety and welfare of the public or for any other public purpose. In this regard, Licensee understands and agrees that City shall bear no responsibility or liability for damage or disruption of improvements installed by Licensee or its successors, but City will make reasonable efforts to minimize such damage. 20 12 ROW Encroachineiit Agreement -Commercial Pk-(,e 2 of 10 D221320077 Page 3 of 14 Page 11 of 23 0i or \kill i*16' the encroacgi City at the I Hundred and 6. to defray all costs of inspection and supervision which City has incurred "A result of the construction, maintenance, inspection or agement of' I man 114,101%, Nis d`bd uses provided for by this Agreement, Licensee agrees to pay to AS' *W g ement is requested an application fee in the sum of Two ,ven y Fiv _J,lars ($275,00). Upon execution of this Agreement and annually thereafter, License e o pay a fee in the amount of $.56 per squarc/linear foot of the encroachment are". 410 A V, 90, The term of this Agree I hi .3 30) years, commen i ment shal t irt yA!.. �3O c ng on the date this Agreement is executed by the City of Fc ovided however, this Agreement shall terminate upon the non-compliance of any 0 - of this Agreement by the Licensee. City shall notify Licensee of the non-compl ,�#�,*not cured within thirty days this Agreement shall be deemed terminated. A-MV, 8. t,% ff Upon termination ofthis Agreement, Licensee shall, at the opti6rtl( d at no expense to City. restore the public right-of-wa-y and remove the filts,�rby "' .A"eqt V 4 0, encroaching into the public right-of-way, to a condition acceptable to the Direc �F Transportation and Public Works, or his duty authorized representative, and ji 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 Improvement, Owner hereby gives City permission to remove the Improvement and any supporting structures and assess a lien on the Property for the costs expended by the City to remove such Improvement. 9. It is further understood and agreed upon between the parties hereto that the public rights -of -way, alleys, sidewalks ("public fight -of -way") to be used and encroached upon 2012 ROW Encroachmeiit Agreement -Commercial PkRe 3 of 10 D221320077 Page 4 of 14 Page 12 of 23 as described herein, are held by City as trustee for the public; that City exercises such powersgover the public right -of way as have been delegated to it by the Constitution of the at xas or by the Legislature-, and that City cannot contract away its duty and its legist er to control the public right-of-way for the use and benefit of the public. it is C� 11 ly agreed that if the goveming body of City may at any time during the term hereo its sole discretion to use or cause or permit the right of way to be used for any other''' 'ii�purpose, including but not being limited to underground, surface of overhead cc muni Iq transmission of natural ,,, drainage, sanitary sewerage, or electricity, or any other pulodic p&p se, whether presently contemplated or not. that P, this Agreement shall autornaticatq�� Y 01 AV Licensee agrees and acknowledges that tw"-A ement is solelv for the purpose of permitting Licensee to construct., maintain and provements over or within the described public right of way and is not a conveva OW title or interest in gight A. or to the public right of way nor is it rneant to convey any ri - t lo' Wor occupy property in which a third party may have an interest. Licensee agree hgXAyill obtain all necessary permission before occupying such property. 14"N U, S" 1,�� Licensee agrees to comply fully with all applicable federal, state and 10 ail:11 statutes, ordinances, codes or regulations in connection with the construction, operati9ft and maintenance of said Improvement, encroachment and uses. 1.2. Licensee agrees to pay promptly when due all fees, taxes or rentals provided for by this Agreement or by any federal, state or local statute., law or regulation. 13. Licensee covenants and agrees that it shall operate hereunder as an independent Z, contractor as to all rights and privileges granted hereunder and not as an officer. agent, 2012 ROW Encroachment A­reemcnt -Commercial Pa2e 4 of 10 1 — D221320077 Page 5 of 14 Page 13 of 23 servant or employee of City and Licensce shall have exclusive control of and the exclus right to control the details of its operations, and all persons performing same. and al lely responsible for the acts and omissions of its officers, agents, servants, employe ''tactoi -s, subcontractors. licensees and invitees. The doctrine of respondeat C', I all not apply as between City and Licensee, its officers, agents, jP V servants, em 84yactors and subcontractors, and nothing herein shall be 1.t, tq�j, ti construed as c ng a p4 Ipp orjoin e ,,,, � 1 0 t nterprise between City and Licensee. "S A 14. LICENSEE COVEN GREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOL ESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS A EMPLOYEES, FROM AND AGAINST 96, ANY AND ALL CLAIMS OR SUITS FO ERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDIN TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHAR. '"ETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTIO W DIRECTLY OR j INDIRECTLY, THE CONSTRUCTION, MAINTENA CE,I CV2,1,r. ,4NCY, USE, EXISTENCE OR LOCATION OF SAID I PR VAIW-W, AND ENCROACHMENT AND USES GRANTED HEREUNDER, WHET OT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIG F H OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRA ' :; SUBCONTRACTORS, LICENSEES OR INVITEES OF THE CITY; A LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIMLITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, M71TEES, OR TRESPASSERS. 210 12 ROW Encroachment Agreement -Commercial Page 5 of 10 D221320077 Page 6 of 14 Page 14 of 23 li. jWhile this Agreement is in effect, Licensee agrees to furnish City with a n& Cert c nsurance, naming City as certificate holder, as proof that it has secured and paid or of public liability insurance covering all public risks related to the proposed oc pancy of public property as located and described in Exhibit "A". '4 %xice shall be not less than the following: The awmio ON, 0,000 Commercial General Liability with the understanding of and agi" q,k0,,'A6 , nt Licensee that such insurance amounts shall Licensee shall so revise such amounts be revised upward at City's option""""', immediatelv followin- notice to Licens -if such requirement. Such insurance policy shall provide that it cannot be canceled or %thout at least ten (10) days prior AP written notice to the Building Official of the Worth. A copy of such Certificate of Insurance is attached as attached as Exhik ,il# r.",04'asensee agrees to submit a similar Certificate of Insurance annually to City on a rsa date of the execution of this Agreement. -OF AM A - Licensee agrees, binds and obligates itself, its successors a intain M and keep in force such public liability insurance at all times during the 14. Agreement and unti I th e rem oval o f al I encroachments and the c1cani ng and resto t the city streets. All insurance coverage required herein sh I include c al overage Licensees' contractors. 16. 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 Consent Agreement in its entirety in the deed records of Tarrant County. Texas. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth, Texas. 2012 ROW Encroachment Agreement -Commercial Page 6 of 10 D221320077 Page 7 of 14 Page 15 of 23 17. ,In any action brought by the City for the enforcement of the obligations of 1-icellsee. Cj,�.y shall be entitled to recover interest and reasonable attorney's f ees. 18. License Wid aorees that it will not assign all or any of its rights, privileges r utles und contract withoLit the prior written approval of' the Cit�y Manager or designee. d ient without prior written approval will be ''ge assigrin "All void. 4,0v� alPp RIP WY T HE PARTIES AGREE THE DUTIES AND OBLIGATION CONTAINED IN PARAGRAPH 8 SHALL E THE TERMINATION OF THIS AGREEMENT. 20. This Agreement shall be binding upon the parties P-cir successors and assigns. dip" gr-,& Ao� EXECUTED this �day of --xq 2012 ROW Encroachment Agreement -Commercial Page 7 of 10 D221320077 Page 8 of 14 Page 16 of 23 City Ak- CHYME rt F DIRECTOR , PLANNING& D Licensee TYPE: Tarrant Services, Inc. By: 2012 ROW Encroachment A.-reement -Commercial Page 8 of 10 D221320077 Page 9 of 14 Page 17 of 23 STATE OF TEXAS CO T" T T gx gd 444411, BEF0R0%6,'V'W—P*ersigned authority, a Notary Public in and for the State of Texas, ip on this day persona y app�* Randle Harwood, known to me to be the person whose name is subscribed to op ing instrument, and acknowledged to me that he/she executed the same for the dil ges consideration therein expressed, as the act and IAIM deed of the City of Fort Worth," pacity therein stated. It NDER MY HAND AN61, 'AL OF OFFICE thia�oday of 120 M CASSANDRA F, COPEMAN 30 : , S MY 2017 . ........ 2012 ROW Encroachment Agreement -Cornmercial Notary Public in arict State of Texas Page 9 of 10 D221320077 Page 10 of 14 Page 18 of 23 STAI ""OFTEXAS COUN § 0, BEFORE tj rsigned authority, a Notary Public in and for the State of Texas. on this day personal d known to me to be the person whos na J,s subscribed to the foregoing instrument., and acknowledged to me that he/she q4ec ............ the same for the purposes and consideration e therein expressed, as the act and d cd and in the capacitv therein stated. "gp- GIVEN UNDER MY I IAND AND SEAL this dav of M A Xv 20/3. _T A P 0 Notary Public in and for State of Texas sz) 2012 ROW Encroachment Agreement -Commercial Page 10 of 10 D221320077 Page 11 of 14 2'r �illp i WI, Vn 41, Iijill, t 04, Q) !7 k �3 :4 S , m M � �j 00 OF g J- .40", Page 19 of 23 it�� � 11, NI 7/0 cl m -D t 0 -�c L IT Q) D221320077 Page 20 of 23 v NI 11 S, n � " " J,.� m X X X X CD 21 OR C� lu to CL (D (D :7' M Cr� ti ti Fl. :� m LQ 4� cr j101 rt CL En OR I Ll -u '3 CL �E D221320077 Page 14 of 14 Page 22 of 23 MARY LOUISE GARCIA COUNTY CLE K JNI� CITY OF FO H 100 0 TH RO C K M[7, FT WORTH, TX 761 4�1. 41 SubmitteT� CITY OF FORT 00" WORTH/DEVELOPM T PLANNING By: Filed For Registration: 7/26/2013 2:19 PM Instrument #: Xi31197028 A 14 D213197028 100 West Weatheriord Fort Worth, TX 76196-0401 PHONE (817) 884-1195 ; az' ABIT My Z 't 'R PGS �po 01 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. D221320077 Page 23 of 23 EXHIBIT B, REVISED CERTIFICATE OF INSURANCE Encroachment Assignment Agreement PN21-00147 Page 8 of 8 Rev 04/2020