HomeMy WebLinkAboutContract 53631-CA1Date Received: 02/08/2023
Time Received: 2:03 p.m.
R e c o rd Numbe r: PN22-00034
City Secretary Number: 53631-CAl
ASSIGNMENT AND CONSENT OF EASEMENT ENCROACHMENT AGREEMENT
City Secretary Contract No. 53631
THIS ASSIGNMENT OF ENCROACHMENT AGREEMENT ("Assignment") is
made and entered into as of this 9th day of February —, 20 23 , by and between the CITY
OF FORT WORTH, a Texas home -rule municipal corporation CRP-GREP ELAN
GOLDEN TRIANGLE OWNER, LP, a Delaware limited partnership ("Assigno '), and
GOLDEN TRIANGLE CONDOMINIUM ASSOCIATION, INC., a Texas nonprofit
corporation ("Assignee"). Sometimes herein City, Assignor, or Assignee may also be referred to
individually as a 'Tarty" or collectively as the 'Tarties."
WITNESSETH:
WHEREAS, the City entered into an Encroachment Agreement, City Secretary Contract
No. 53631 (the "Agreement"), on the 9th day of March, 2020, with Assignor, the owner, at the
time, of certain real property more particularly described in the attached Legal Description (the
'Tropert ") 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 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 I lth day of March, 2020,
as Instrument No. D220057907 in the Real Property Records of Tarrant County, Texas;
WHEREAS, prior to the enactment of the Agreement, the Property was submitted to the
Condominium form of ownership (the "Condominium") pursuant to a Condominium
Declaration, which was filed as Instrument No. 219294886 in the Real Property Records of
Tarrant County, Texas ("Declaration");
WHEREAS, the Encroachments subject to the Agreement consist of a private water line
and water waste lines utilities within the City's sewer easement, which are part of the "General
Common Elements" under the Declaration, all Common Elements being owned as tenants in
common by all owners of units in the Condominium under the Declaration;
WHEREAS, the Assignee, under the Declaration, has been granted utility easements
throughout the Property, including throughout the General Common Elements, in order to supply
the Condominium with utility services and to maintain such utility services;
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Fhcroachment Assignment Agreement Page 1 of 10
Rev 04/2020
WHEREAS, under the Texas Property Code, Section 82.102(a)(5), the Assignee is
permitted to "make contracts and incur liabilities relating to the operation of the Condominiunf',-
WHEREAS, Assignor desires to assign the Agreement to Assignee, who is responsible
for the management of the Common Elements in the Condominium� including the maintenance
of the utilities under the Declaration, to ensure the maintenance and monetary obligations under
the Agreement are effectively fulfilled
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 its duties and obligations under the Agreement to Assignee.
2. Assignee hereby accepts the Assignment granted herein, and assumes all of
Assignor's rights, duties, and obligations arising under the Agreement.
3. Assignor has full right, power, and authority to enter into this Assigm-nent, 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 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 Assigarnent, Assignor will be
discharged from any and all further obligations under the 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
Agreement.
7. City hereby consents to fl-iis Assigntnent upon the ternis 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 Agreement or this Assignment shall not
Fhcroachment Assignment Agreement Page 2 of 10
Rev 04/2020
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.
C
Development Services Department
200 Texas Street
Fort Worth TX 76102
Attention: Director
Assignor
CRP-GREP ELAN GOLDEN TRIANGLE OWNER, LP
600 E. Las Colinas Boulevard, Suite 2100
Dallas, Texas 75039
Attention: JR Thuhn
Assignee
GOLDEN TRIANGLE CONDOMINIUM ASSOCIATION, INC.
600 E. Las Colinas Blvd., Suite 2100
Irving, Texas 75039
9. Except as herein otherwise provided, this Assigntnent will be binding upon and
inure to the benefit of the Parties and their respective successors and assigns.
10. Assignee shaft 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
Agreement is hereby deleted and replaced with the attached Certificate of Insurance from the
Assignee as "Exhibit B, Revised."
12. As a condition of the City's consent to this Assignment, the Assignee agrees, that
if it becomes necessary to compensate the City in accordance with the provisions of the
Agreement, and the Assignee does not have sufficient fiands to compensate the City, the
Assignee, will pursuant to the authority of the Assignee under the Declaration, assess the owners
Fhcroachment Assignment Agreement Page 3 of 10
Rev 04/2020
of each unit in the Condominium (each of which is a member of the Assignee) by means of a
special assessment as provided in the Declaration.
13. All terins and conditions of the 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 Agreement.
[SIGNATURES APPEAR ON FOLLOWING PAGES]
Fhcroachment Assignment Agreement Page 4 of 10
Rev 04/2020
ITHIS PAGE TO BE COMPLETED BY THE ASSIGNOR'
ASSIGNOR:
CRP-GREP Elan Golden Triangle Owner, L.P.
a Delaware limited partnership
By: CRP-GREP Elan Golden Triangle GP, L.L.C.
a Delaware limited liability company
its general partner
By: CRP-GREP Elan Golden Triangle, L.L.C.
a Delaware limited liability company
its sole member
By: GS Elan Golden Triangle Holdings, LLC
a Delaware limited liability company
its authorized member
By: _ I - a
UIV - — — �f
Name: Lance Hama
Title: Vice President
STATE OF TEXAS
COUNTY OF TARRANT §
This instrument was acknowledged before me by Lance Hanna, as the Vice President of
CRP-GREP Elan Golden Triangle Owner, L.P., on behalf of said corporation.
CS::MARIECASE]
TIMA
Notary ID #4801147
My Corntnission ExPires
June 27, 2026
FncroachmentAssignmentAgreenient Page 5 of 10
Rev 04/2020
ITHIS PAGE TO BE COMPLETED BYTHE ASSIGNEE
ASSIGNEE:
GOLDENTRIAN E CONDOMINIUM ASSOCIATION, INC.
By:T=
Name: Laird Sparks
Title: Vice President
STATE OF TEXAS
COUNTY OF TARRANT
This mistrument was acknowledged before me by Laird Sparks, as the Vice President of
Golden Triangle Condominium Association, Inc., on behalf of said corporation.
EIrINA MARIE CASW ]
I
8otary ID #4801147
my comrnission EXPIres
a june 27, 2026
Ot
MC.,
Y8
Notary Public, State of Texas
En cro achment Assignment Agreement
Page 6 of 10
Rev 04/2020
APPROVED AS TO FORM AND
LEGALITY:
CITY OF FORT WORTH
DJ Harrell (Feb 7, 2023 16:25 CST)
F)"C Sec. 3210 DJ Harrell, Director
Thomas Royce Hansen, Assistant City Attorney Development Services Department
City Attorney's Office
Date: Jan 25, 2023
ATTEST:
Jannette Goodall
City Secretary
(M&C not Required)
Date: Feb 8, 2023
Date: Feb 7, 2023
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.
Robacca Lane Owign
Rebecca Diane Owen (Jan 25,2023 12:35 CST)
Date: Jan 25, 2023
Rebecca Owens
Development Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Fhcroachment Assignment Agreement Page 7 of 10
Rev 04/2020
EXHIBIT A
ORIGINAL AGREEMENT WITH ATTACHED EXHIBITS
FncroachnientAssignmentAgreenient Page 9 of 10
Rev 04/2020
STATE OF TEXAS
EV-01 I 10 M My& W-.I R 93 FM z
This instrument was acknowledged before me on - Felxuay7th , 9093 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.
y P WENDY L BEARDSLEE
Notary Public
STATE OF TEXAS
co Notary I.D. 13323719-3
OF My Comm. Exp. July 28, 2025
Digitally signed by
Wendy L. Wendy L. Beardslee
late: 1023.02.07
Beardslee 17:13:16 -06'00'
Notary Public, State of Texas
Encroachment Assignment Agreement
Page 8 of 10
Rev 04/2020
CITY SECRETARY
CONTRACT NO.
EASEMENT ENCROACHMENT LICENSE AGREEMENT
Commercial
All ;01�
�0
THIS AGREEMENT is made and entered into by and between THE CITY OF
FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"),
acting by and through its duly authorized City Manager, Assistant City Manager, or
Development Services Director, and CRP-GREP OVERTURE GOLDEN
TRIANGLE OWNER, LP, a limited partnership ("Licensee"), owner of the real
property located at 5601 and 5745 Golden Triangle Blvd, Fort Worth, Texas 76244
("Property"), acting by and through its duly authorized Vice President.
RECITALS
WHEREAS, Licensee is the owner of certain real property situated in the City of
Fort Worth, Tarrant County, Texas, more particularly described in the attached Legal
Description of the Property, attached as "Exhibit C" and incorporated herein for all
purposes; and
WHEREAS, the City has a sanitary sewer easement (the "Easement") in the
Property as shown on the map attached to this Agreement as "Exhibit A," which is
incorporated herein for all purposes; and
WHEREAS, Licensee desires to construct, place, and/or maintain certain
improvements which will encroach in, on, above, or below the City's Easement; and
WHEREAS, to accommodate the needs of the Licensee, the City will allow the
encroachment under the terms and conditions as set forth in this Agreement.
NOW, THEREFORE, the City and Licensee agree as follows:
AGREEMENT
1.
The City, in consideration of the payment by the Licensee of the fee set out below
and covenants and agreements hereinafter contained to be kept and performed by
Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and
occupy a portion of the City's Easement as described in and at the location shown on
Exhibit A, but only to the extent shown thereon, for the purpose of installation of
private water and wastewater lines (the "Encroachment"). Upon completion of the
Encroachment, Licensee agrees to be responsible for maintaining the Encroachment
within the Easement. Licensee shall not expand or otherwise cause the Encroachment to
further infringe in or on City's Easement beyond what is specifically described in the
exhibit(s) attached hereto.
2.
Easement Encroacbment Agreement - Commercial Page I of 13
--Jky
iac� 1/2020,
All construction, maintenance, or operation in connection with such
Encroachment, use, and occupancy shall comply and be performed in strict compliance
with this Agreement and with the Charter, Ordinances, and Codes of the City, and in
accordance with the directions of the Director of the Transportation and Public Works
Department or the Director of the Water Department, or their duly authorized
representative. Prior to the construction of the Encroachment, Licensee shall submit all
plans and specifications to the applicable Director or duly authorized representative.
Licensee shall not commence construction of the Encroachment until such approval shall
be indicated in writing by the applicable Director or authorized representative. However,
such approval shall not relieve Licensee of responsibility and liability for concept, design,
and computation in the preparation of such plans and specifications.
0
Licensee, at no expense to the City, shall make proper provisions for the
relocation and installation of any existing or future utilities affected by such
Encroachment, use, and occupancy, including securing the approval and consent of the
appropriate utility companies and agencies of the State and its political subdivisions. In
the event that any installation, reinstallation, relocation, or repair of any existing or future
utility or improvements owned by or constructed by or on behalf of the public or at public
expense is made more costly by virtue of the construction, maintenance, or existence of
the Encroachment and use, Licensee shall pay to the City an additional amount equal to
such additional cost as reasonably determined by the Director of Transportation and
Public Works or the Director of the Water Department, or their duly authorized
representative.
4.
Licensee agrees that the City may enter and utilize the referenced areas at any
time for the purpose of installing, repairing, replacing, or maintaining improvements to
its public facilities or utilities necessary for the health, safety, and welfare of the public,
or for any other public purpose. The City shall bear no responsibility or liability for any
damage or disruption or other adverse consequences resulting from the Encroachment
installed by Licensee, but the City will make reasonable efforts to minimize such
damage.
R1
Upon termination of this Agreement, Licensee shall, at the option of and at no
expense to the City, remove the Encroachment and restore the Easement to a condition
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
Easement Encroachment Agreement - Commercial Page 2 of 13
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Encroachment and any supporting structures and assess a lien on the Property for the
costs expended by the City in taking such actions,
6.
In order to defray all costs of inspection and supervision which the City has
incurred or will incur as a result of the construction, maintenance, inspection, or
management of the encroachments and uses provided for by this Agreement, Licensee
agrees to pay to City at the time this Agreement is requested an application fee of in the
sum of Five Hundred Dollars ($500.00).
a
The term of this Agreement shall be for thirty (30) years, commencing on the
date this Agreement is executed by the City. However, this Agreement may be
terminated upon Licensee's noncompliance with any of the terms of this Agreement.
City shall notify Licensee in writing of any noncompliance and if not cured within thirty
(30) days, this Agreement shall be deemed terminated, unless such noncompliance is not
susceptible to cure within thirty (30) days, in which case this Agreement shall be deemed
terminated in the event that Licensee fails to commence and take such reasonable steps as
are necessary to remedy the noncompliance within thirty (30) days after written notice
specifying the same, or having so commenced, thereafter fails to proceed diligently and
with continuity to remedy same.
91
It is further understood and agreed between the parties hereto that the Easement to
be used and encroached upon is held by City as trustee for the public; that City exercises
such powers over the Easement as have been delegated to it by the Constitution of the
State of Texas or by the Texas Legislature; and that City cannot contract away its duty
and its legislative power to control the Easement for the use and benefit of the public. It
is accordingly agreed that if the governing body of City may at any time during the term
hereof determine in its sole discretion to use or cause or permit the Easement to be used
for any other public purpose that does not preclude the use of the Encroachment on the
Property, including but not being limited to underground, surface, or overhead
communication, drainage, sanitary sewerage, transmission of natural gas or electricity, or
any other public purpose, whether presently contemplated or not, that the parties agree to
negotiate in good faith in order to accommodate the Encroachment and the public
purpose.
a
312MOV 16M.11121 of 0 1 M--- --- W- �., 112 1
Easement Encroachment Agreement - Commercial Page 3 of 13
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While this Agreement is in effect, Licensee agrees to furnish City with a
Certificate of Insurance naming City as certificate holder as proof that it has secured and
paid for a policy of public liability insurance covering all public risks related to the
proposed use and occupancy of public property as located and described in Exhibit A.
The amounts of such insurance shall be not less than
$1,000,000
with the understanding and agreement by Licensee that such insurance amounts may be
revised upward at City's option and that Licensee shall so revise such amounts
immediately following notice to Licensee of such requirement. Such insurance policy
shall not be canceled or amended without at least thirty (30) days prior written notice to
the Building Official of the City. A copy of such Certificate of Insurance is attached as
"Exhibit B" and incorporated herein for all purposes. Licensee agrees to submit a
similar Certificate of Insurance annually to the City on the anniversary date of the
execution of this Agreement.
Licensee agrees, binds, and obligates itself and its successors and assigns to
maintain and keep in force such public liability insurance at all times during the term of
this Agreement and until the removal of the Encroachment and the cleaning and
restoration of the Easement. All insurance coverage required herein shall include
coverage of all Licensee's contractors and subcontractors,
Easement Encroachment Agreement - Commercial Page 4 of 13
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Licensee agrees to deposit with the City when this Agreement is executed a
sufficient sum of money to be used to pay necessary fees to record this Agreement in the
real property records of Tarrant County, Texas. After being recorded, the original shall
be returned to the City Secretary of the City of Fort Worth.
12.
Licensee agrees to comply fully with all applicable federal, state, and local laws,
statutes, ordinances, codes, and regulations in connection with the construction,
operation, and maintenance of the Encroachment and uses.
LU
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.
M
Licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as an officer, agent,
servant, or employee of City, and Licensee shall have exclusive control of and the
exclusive right to control the details of its operations, and all persons performing same,
and shall be solely responsible for the acts and omissions of its officers, agents, servants,
employees, contractors, subcontractors, licensees, and invitees. The doctrine of
respondeat superior shall not apply as between City and Licensee, its officers, agents,
servants, employees, contractors, and subcontractors, and nothing herein shall be
construed as creating a partnership or joint enterprise between City and Licensee.
15.
Licensee agrees and acknowledges that this Agreement is solely for the purpose
of permitting Licensee to construct, maintain, and locate the Encroachment over or within
the Easement and is not a conveyance of any right, title, or interest in or to the Easement,
nor is it meant to convey any right to use or occupy property in which a third -party may
have an interest. Licensee agrees that it will obtain all necessary permissions before
occupying such property.
10
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.
IN
Easement Encroachment Agreement - Commercial Page 5 of 13
Revised 1/2020
The parties agree that the duties and obligations contained in Section 5 shall
survive the termination of this Agreement.
18.
Licensee covenants and agrees that it will not assign all or any of its rights,
privileges, or duties under this Agreement without the written approval of the City, and
any attempted assignment without such written approval shall be void. In the event
Licensee conveys the Property, Licensee may assign all of its rights and obligations under
this Agreement to the new owner of the Property, and Licensee shall be deemed released
from its duties and obligations hereunder upon City's approval in writing of such
assignment, which approval shall not be unreasonably conditioned or withheld.
Foreclosure by a secured lender of Licensee or assignment to a secured lender by
Licensee in the event of default or otherwise shall not require City approval provided that
said lender notifies City in writing within sixty (60) days of such foreclosure or
assignment and assumes all of Licensee's rights and obligations hereunder. However, no
change of ownership due to foreclosure or assignment to any secured lender of Licensee
shall be effective as to City unless and until written notice of such foreclosure or
assigm-nent is provided to City.
I U,
Any cause of action for breach of this Agreement shall be brought in Tarrant
County, Texas. This Agreement shall be governed by the laws of the State of Texas.
20.
This Agreement shall be binding upon the parties hereto and their successors and
assigns.
21.
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument.
City:
CITY OF FORT WORTH
Easement Encroachment Agreement - Commercial Page 6 of 13
Revised 1/2020
City:
CITY OF FORT WORTH
D.J. Harrell, Interim Director
Development Services
Date:. .1 Zq I/zy
0:
ATTEST:
rEx
hty Secretary
Easement Encroachment Agreement - Commercial
Approved As To Form and Legality
Matthew Murray
Assistant City Attorney
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contraq, including ensuring all performance
�e -
j�r '1')apd �elj(oing requirements.
Janie S. Morales
Manager
OFFICIAL RECORD
CITY SECRF,
FT. WORTh ;..rx
Revised 1/2020
Licensee:
CRP-GREP Overture Golden Triangle Owner, L.P.
a Delaware limited partnership
By: CRP-GREP Overture Golden Triangle GP, L.L.C.
a Delaware limited liability company
its general partner
By: CRP-GREP AA Overture Golden Triangle, L.L.C.
a Delaware limited liability company
its sole member
By: GS AA Overture Golden Triangle Holdings, LLC
a Delaware limited liability company
its authorized member
BY-4--
Nam . __�:
Title: Vice President
Easement Encroacbment Agreement - Commercial
0 FF
C �' TV 3 F, C FA E 71"A 11
FC. WOR7HI,
--Ege 8 oil 3
Revised 1/2020
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared D.J. Harrell, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein expressed, as the act and
deed of the City of Fort Worth, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this(,Jr)day of
N'A'('t_VaV`� 20c2CL).
. v P) I
ALUAd ) &a Uka
Nc��y Publi4fin and for e State
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
Easement Encroachment Agreement - Commercial
EJENNIFER LOUISE EZERNACK
x -.,,S Notary Public, State of Texas
-0
Comm. Expires 03-01-2024
0;
M0 Notary ID 130561630
E
STATE OF 7
COUNTY OF)�AL=LA_
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
< , on this day personally appeared Lance Hanna, Vice President of GS AA
Overture Golden Triangle Holdings, LLC, a limited liability company, the authorized
member of CRP-GREP AA Overture Golden Triangle, LLC, a limited liability company,
the sole member of CRP-GREP Overture Golden Triangle GP, LLC, a limited liability
company, the general partner of CRP-GREP Overture Golden Triangle Owner, LP, a
limited partnership 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 CRP-GREP
Overture Golden Triangle Owner, LP, a limited partnership, and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this�� day of ik�cnk
20 ;)-b .
Notary Public in and for the
State of
Easement Encroachment Agreement - Commercial
TINA MARIE CASE
Notary ID #4801147
My Commission Expires
June 27,2022
EXHIBIT A
Map of Easement and Encroachment
Easement Encroachment Agreement - Commercial Page I I of 13
Revised 1/2020
L:M
NOTES:
Bearing system based an the Texas Coordinate
Kimilep))
System of 1983, North Central Zone (4202), North
American Datum of 1983.
13455 Noel Road, Two Gailena Offloe
To�r, Suite 700, [Dallas, Texas 75240 FIRM # 101'
Background parking & drive isles, shown hereon are
S-1.
�wr to
I
proposed and shown for informational purposes only.
�ATHI-RNF:—MARk,.';/2/20201r)-iRAMK\nAI Sf I PVF Y\ni rlq-r R FY STAR c7i F)r N TRJAN(-,I F\ F)VJr\nF;7771
RI)P-r
R F Y.- TAP(-. n(
nF N TRIANGl F FNC-.R
N89'52*19"E TRACT 5 ROGER KENYON
52.28' CHICO, LTD 2014 TRUST
1/2" IRF DOC. NO. DOC. NO. D214070593
(CM) D208221782 O.P.R.T.C.T.
Raid. O.P.R.T.C.T.
11T' IRFC
'I '
t_�KHA"
TRAC� 1
28.00'
N89'52'1 9"E
lt2"IRF-/
TRA4 6 GATE METALFENCE 1/2"IRF-/
CHICO, LTD
DOC. NO. D2 8221782
O.P.R.T.1C.T.
NORTH
20'SANITARY SEWER EASEMENT
VOL. 14266, PG. 161, D.R.T.C.T.
1 00'TEXAS POWER & 0 0 60
60
LIGHT COMPANY EASEMENT
VOL. 6166, PG. 59, D.R.T.C.T.
GRRAPHIC SCALE N EET
METAL FENCE ALONG
WEST EASEMENT LINE
LOT 7, BLOCK 1
U) GOLDEN TRIANGLE
CROSSING ADDITION
EX. 18" SS LINE DOC. NO.
O.P.R.T.C.T.
1/2" IRF
(CM) . ....... .
G T BRICK L L
A EAT J �MN
SIDEWALK
P14q WATI�1�
4 -iYVC 1�iTER
'
24'HOPE STORM
...... . . ... ..
BRICK COLUMN
METAL FENCE ALONG
TE
WEST EASEMENT LINE
SECTION
1 ENCROACHMENT
am �= AGREEMENT AREA
NOTES: MATCH LINE (SEE SHEET 4) J. BILLINGSLEY SURVEY,
Bearing system based on the Texas Coordinate System of 1983, ABSTRACT NO. 70
North Central Zone (4202), North American Datum of 1983. CITY OF FORT WORTH,
Background parking, drive isles, water & storm pipes shown
hereon are proposed and shown for informational purposes only. TARRANT COUNTY, TEXAS
LEGEND
SS = SANITARY SEWER
P D.C. = POINT OF COMMENCING
P 0 B = POINT OF BEGINNING Kimley*Horn
IRFC = IRON ROD WICAP FOUND 13455 Noel Rosid. T� Galleria Offi Tel. No. (972) 770-1300
IRF = IRON ROD FOUND Tower, Suite 700, Dallas, Texas 75240 FIRM # 10115500 Fax No. (972) 239-3820
D.R.T.C.T. = DEED RECORDS OF TARRANT COUNTY, TEXAS Scale Drawn by I Checked by I pjte Proiect No.
O.P.R.T.C.T. = OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS 1"= 60' 1 MSIM DJD MAR. 2020 1 067771659
'AATHrPNr MAPK.100(7190 10*18 AM K XDAL qIlRvFY\n877718.1,Q.C' RFYqTAR GOLDFN TRIANrLF\r)WG\C)67771659-GREYSTAR GOLDEN TRIANGLE ENCR AGREEM ENT-1 -TRACT. DWG
MATCH LINE (SEE SHEET 3)
MM 7777 F�* FFW F777 77TT 01111111111 ZffM , WX MR
SECTION
I
NOTES
Bearing system based on the Texas Coordinate System of 1983,
North Central Zone (4202), North American Datum of 1983.
Background parking, drive isles, water & storm pipes shown
hereon are proposed and shown for informational purposes only.
LEGEND
SS = SANITARY SEWER
P.0-C. = POINT OF COMMENCING
P.O-B- = POINT OF BEGINNING-
IRFC = IRON ROD W/CAP FOUND
IRF = IRON ROD FOUND
D.R.T.C.T. = DEED RECORDS OF TARRANT COUNTY, TEXAS
O.P.R.T.C.T. = OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS
MATHERNE. MARK 3/2/202D 10 38 AM KADAL SURVEY\067771659-GREYSTAR GOLOEN
710 710
. ........ . . . .
705
705
. .......... ... .. .. .. .. .. . .. ....
—FINISH GRADE
700
700
EXISTING GRADE
t —1
12" ST CROSSING
INV: 696.81
695
695
........ .. ... .. .......... .. ................ . ................ . .. ........ . ...............
690
690
. .......................
EX4:: J8- SS 0.26%
.................. .............. ................ ................. ................ ... ............. . ............. . ................ .
... .. .....
................ .... .. ... .......... .... ....... ..... . ................ . ................ . ................ 4 ... . ........... ............... 4 ..............
685 DE
'D
EA 685
.. . ....... ..
c6:
co! 00.
CID
:j
680 _JI
680
4+00 5+00
SECTION 1 TRACT 1
ENCROACHMENT
AGREEMENT AREA
ENCROACHMENT 'r, if m I le Y
AGREEMENTAREA 13455 Noel Road. Tm Gallenis Office Tel. No. (972)1
To�r, Suite 700, Dallas, Texas 75240 FIRM 9 10115500 Fax No. (972):
PROFILES..le TE'ecked by I Date Prolect No. I
1 Z, JKL FEB 2020 067771659 1
812020 11.33 AM K \DAL CIVILkO67771659-OVERTURE GOLDEN TRIANGLE�CAD\PLANS7ETS\PRlVATE PLAN S\EXH-SSWR-PROl NCR- I -TRACT DWG
EXHIBIT B
Easement Encroachment Agreement - Commercial Page 12 of 13
Revised 1/2020
EXHIBIT B, REVISED
CERTIFICATE OF INSURANCE
Fhcroachment Assignment Agreement Page 10 of 10
Rev 04/2020