HomeMy WebLinkAboutContract 53630-CA1Date Received: 02/08/2023 Permit Number: PN22-00033
Time Received: 2:06 p.m. City Secretary Number: 53630-CA1
ASSIGNMENT AND CONSENT OF EASEMENT ENCROACHMENT AGREEMENT
City Secretary Contract No. 53630
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 ("C"), CRP-GREP ELAN
GOLDEN TRIANGLE OWNER, LP, a Delaware limited partnership ("Assignor"), 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 "Party" or collectively as the "Parties."
WITNESSETH:
WHEREAS, the City entered into an Encroachment Agreement, City Secretary Contract
No. 53630 (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
"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 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 Agreement was recorded the IIth day of March, 2020, as Instrument
No. D220057906 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. D219294886 in the Real Property Records of
Tarrant County, Texas ("Declaration");
WHEREAS, the Encroachments subject to the Agreement consist of a 1" private water
line, water waste lines utilities and metal fencing 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;
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 Condominium";
OFFICIAL RECORD
FncroachmentAssignment Agreement CITY SECRETARY Page 1 of 10
FT. WORTH, TX Rev 04/2020
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 Assignment, tc
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 Assignment, 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 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 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
FncroachmentAssignment Agreement Page 2 of 10
Rev 04/2020
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, Texas 76102
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 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
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 funds to compensate the City, the
Assignee, will pursuant to the authority of the Assignee under the Declaration, assess the owners
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 terms 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.
14. This Assignment may be executed in multiple counterparts, each of which shall
be deemed an original, and all of which, when taken together, shall constitute one and the same
document which may be evidenced by one counterpart.
FncroachmentAssignment Agreement Page 3 of 10
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[SIGNATURES APPEAR ON FOLLOWING PAGES]
FncroachmentAssignment Agreement Page 4 of 10
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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 authoriz d member
By:/
Name: Lance Hanna
Title: Vice President
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me by Nance Hanna, as the Vice Pre-sident of
CRP-GREP Elan Golden Triangle Owner, L.P., on behalf of said corporation.
t
Is
TINA MARIE CASENotary ID #4801147My Commission ExpiresJune 27, 2026 Notary Public, State of Texas
a
Encroachment Assignment Agreement Page 5 of 10
Rev 04/2020
ASSIGNEE:
GOLDEN TRIANGLE CONDOMINIUM ASSOCIATION, INC.
By:
Name: Laird Sparks
l ILA . V 1V V 1 1 V.l. 1L1V11L
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me by Laird Sparks, as the Vice President of
• m i �__ - __ u Inc.,t i lr r a
Golden i i 1arigsc Clondo-milruuru Associaut}ri, Ion velial1 o1 saiu corporation.
*er rye TINA MARIE CASE
Notary ID #4801147
�y My Commission Expires
'� of June 27, 2026
Notary Public, State of Texas
Encro achment Assignment Agreement
Page 6 of 10
Rev 04/2020
APPROVED AS TO FORM AND
LEGALITY:
CITY OF FORT WORTH:
DJ Harrell (Feb 7, 202316:27 CST)
FWBC Sec. 3210 DJ Harrell, Director
Thomas Royce Hansen, Asst. City Attorney Development Services Department
City Attorney's Office
Date: Jan 25, 2023
a �
ATTEST: �p�06 F OR T �40
° d
PA,0
°
P .. o0.d
Jannette Goodall 0 0 o o= d
o °
City Secretary ,f o o
(M&C not Required) °°° `y °000000 cy
�14 �EXASaaa
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
R'4&Ce ' Owen' and reporting requirements.
Rebecca Diane Owen (Jan 25, 2023 12:35 CST)
Rebecca Owen
Date: Jan 25, 2023
Development Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
EncroachmentAssignment Agreement Page 7 of 10
Rev 04/2020
STATE OF TEXAS §
COUNTY OF TARR.ANT §
This instrument was acknowledged before me on February 7th , 20_ 2.3 by DJ
Harrell, 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.
O�pFtYP(WENDY L BEARDSLEE .
a Notary Public ,
* * STATE OF TEXAS
N� e Notary I.D. 13323719-3
00 My Comm. Exp, July 28, 2025 '
WendL� Digitally signed by
Y Wendy L. Bea rdslee
Beard 5I ee Date: 2023.02.07
15:17:26-06'00'
Notary Public, State of Texas
Encroachment Assignment Agreement
Page 8 of 10
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EXHIBIT A
ORIGINAL AGREEMENT WITH ATTACHED EXHIBITS
EncroachmentAssignmentAgreement Page 9 of 10
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CITY SECRETARY
��0 o CONTRACT NO.
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, Assistant City Manager, or
Development Services Director, and CRP-GREP ELAN 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 Cnnnty Tpvac mnrp nartipn1ar1v Apeorihpri in the attar-hPri t Pool
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 lines, wastewater lines, and metal fencing (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.
GOUTY 3C
Easement Encroachment Agreement - Commercial 1e+pt p
Revised 1 /2020 1
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.
3.
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.
5.
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
Revised 1 /2020
Encroachment and any supporting structures and assess a lien on the Property for the
costs expended by the City in taking such actions.
b.
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).
7.
The term of this Agreement shall be for thirty (30) years, commencing on the
date this Agreement is executed by the City. However, this Agreement 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.
8.
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.
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
Easement Encroachment Agreement - Commercial Page 3 of 13
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DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION
WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION,
MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE
ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT
CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND
LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR
SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL
LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR
ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT
OF OR IN CONNECTION WITH THE ENCROACHMENTS AND ANY AND
ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES, OR INVITEES.
10.
While this Agreement is in effect, Licensee agrees to furnish City with a
Certificate of Insurance naming City as certificate holder as proof that it 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.
11.
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.
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.
14.
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 responsiblc 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.
16.
In any action brought by the City for the enforcement of the obligations of the
Licensee, the City shall be entitled to recover interest and reasonable attorneys' fees.
17.
Easement Encroachment Agreement - Commercial Page 5 of 13
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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
assignment is provided to City.
19.
Any cause of action for breach of this Agreement shall be brought in Tarrant
County, Texas. This Agreement shall be governed by the laws of the State of Texas.
20.
This Agreement shall be binding upon the parties hereto and their successors and
assigns.
21.
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
City:
CITY OF FORT WORTH
FV�0:
Easement Encroachment Agreement - Commercial
Page 6 of 13
Revised 1/2020
City:
CITY OF FORT WORTH
By:
D.J. Harrell, Interim Director
Development S ices
Date: 17y 2 v
ATTEST:
1/Z IT)
�✓ ' 6ity Secretary
U
�
i
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
;nsuring all performance
reputing requirements.
Janie S. Morales
Development Manager
Can SECRE i AR il' i
FT. WORTH, -TX
i
Easement Encroachment Agreement - Commercial Page 7 of 13
Revised 112020
Licensee:
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: ��':-'"'L'
Y _
Name: Lance /anna
Title: Vice President
GFFOCOAL RECORD
CPTY SECRETARY
Fa. Dl'TH" TX
Easement Encroachment Agreement - Commercial
Page 8 of 13
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 thishday of
200L) .
of Publi t and fortpp
ate of Texas
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
,��titrlry
JENNIfER LOUISE EZERNACK
Notary Public, State of Texas
Comm. Expires 03-01-2024
Notary ID 130561630
0*N SEC RRETAR,
F-r. WOR-, R" -yx
Easement Encroachment Agreement - Commercial Page 9 of 13
Revised 1 /2020
STATE OF .1-?1— y- §
COUNTY OF ,.t §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
1-0= Y,i-- , on this day personally appeared Lance Hanna, Vice President of GS Elan
Golden Triangle Holdings, LLC, a limited liability company, the authorized member of
CRP-GREP Elan Golden Triangle, LLC, a limited liability company, the sole member of
CRP-GREP Elan Golden Triangle GP, LLC, a limited liability company, the general
partner of CRP-GREP Elan 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 Elan Golden Triangle Owner, LP, a
limited partnership, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this,` day of
20
1
/ ' tQJLLil �Q+1C►"" °�e� TINA MARIE CASE
+ Notary ID #4901147
Notary Public in and for the , My Commission Expires
y June 27, 2022
State of [\; J
OFF-d'0AL RECORD,
CITY SEMETA Y
Easement Encroachment Agreement - Commercial Page 10 of 13
Revised 1 /2020
EXHIBIT A
Map of Easement and Encroachment
Easement Encroachment Agreement - Commercial Page 11 of 13
Revised 1/2020
Exhibit A
I
KELLER HICKS ROAD
( A VARIABLE WIDTH RIGHT l-AVI
( , NORTH
I 0 100 200
I _ ! GRAPHIC SCALE IN FEET
{ ; � LOT 7, BLOCK 1 I
KEY MAP
f GOLDEN TRIANGLE
CROSSING ADDITION
TRACT 1 DOC. NO.
0.1428 ACRES I O.P.R.T.C.T.
6,219 SO. FT.
( I TRACT 2
0.0046 ACRES
100' TEXAS POWER & I I 200 SQ. FT,
LIGHT COMPANY EASEMENT
VOL. 6166, PG. 59, D.R.T.C.T. } ` 20' SANITARY SEWER EASEMENT
j I VOL. 14266, PG. 161, D,R.T.0 T =` I
TRACT 3 - =1
0.0092 ACRES
I 400 SO. FT.
,1A
I TRACT 4 L I I
l I I 0.0074 ACRES �----
---.- -_-_ I `� 323 SQ. FT. -
GOLDEN TRIANGLE BOULEVARD
(A 12D-FOOT RIGHT.OF-WAI)
VOL. 6639, G. 614
r —
VOL 6639,RG.616 ENCROACHMENT
AGREEMENT AREA
J. BILLINGSLEY SURVEY,
ABSTRACT NO. 70
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
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75240 FIRM 6 101155M Fax No. (972) 239-3620
Background parking 8 drive isles, shown hereon are s__ie Dawn by I cheer ad by PA& I Prr*bci No. I Sheet Noj
proposed and shown for informational purposes only. 1 • = 2D0 MSM DJD I MAR 2020 067771659 5 OF 12
MATHERNE. MARK 312 202010.37 AM K:1DAL SURVEY1067771S%9 GREYSTAR GOLDEN TRIANGLBDV4C4067771659-GREYSTAR GOLDEN TRIANGLE_ENCR AGREEMENTA-TRACTS.DWG
N89'52'19^E I I I i TRACT 5 I ROGER KENYON
52 28' I CHICO, LTD I 2014 TRUST
12•IRF a I DOC. NO. DOC. NO. D214070593
(CM) _ D208221782 I O.P.R.T.C.T.
O.P.R.T.C.T.
P•0•�• R I Sl8"IRFCK\
TRACTS 1, 2, & 3 N •W
�� NBT52'19'E
I I \
W 3 I 28,00'
P.C.B.
1�RACT 1 �(n . N89°55'02"E
II 20.00' 12' IRF
rGATE �METALFENCE 2 IRF
TRAC+ 6 _
CHICO, LTD
DOC. NO. D208221782
O.P.R.T.IIC.T.
N 20' SANITARY SEWER EASEMENT NORTH
VOL. 14266, PG. 161, D.R.T.C.T.
f_ 100' TEXAS POWER &
=' — --LIGHT COMPANY EASEMENT
c' VOL. 6166, PG. 59, D.R.T.C.T.
Z GRAPHIC SCALE 4N F,EET
I EX. 18" SS LINE
—METAL FENCE ALONG `
1ASST EASEMENT LINE
LOT 7, BLOCK 1
c N GOLDEN TRIANGLE
r �? CROSSING ADDITION
DOC. NO.
TRACT 1 —= w O.P.R.T.C.T.
0.1428 ACRES -
CO Go i
6,219 SQ. FT. P -P s
0 o
0 0 0
12(CM) _N"
I GATE AT�� BRICK COLUMN
— SIDEWALK - w wR
. �CWATw`
8'P
—'w ^�-^—w—„�r._w w "—q•PYCWATER ^—
RM
v
COLUMN
Mpwc FENCE ALONG
WEST EASEMENT LINE GAT
SECTION
N = S89055'02"W I r ENCROACHMENT
20.00'
�■■� `� r■ >_ �■�■ �■ AGREEMENT AREA
NOTES: MATCH LINE (SEE SHEET 7) 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 Kimlpy* Horn
SS = SANITARY SEWER
P.O.C. =POINT OF COMMENCING
P O B. = POINT OF BEGINNINGIRFC = IRON ROD W/CAP FOUND 13455 Noel Road. T oc Galleria Tel No. (972) 770-1300
IRF = IRON ROD FOUND Tower, S1rile 700. Dallas. Texas 75240 FIRM a 10115500 Fax No. (972) 239-3820
D.R-T.C.T. = DEED RECORDS OF TARRANT COUNTY, TEXAS Stele Drawn b Checked by D_ie Pro et1 No. O P_R.T.C.T. =OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS IMSMD.ID MAR. 2020 087771659 OF 12
M ...�MATHERNE, ►NARK 3i2i=10:37 AM K:1DAL SURVEY1087771659,GREYSTAR GOLDEN TRIANGLEIDWd 06T771659•GREYSTAR GO EN TWANG EENCR AGR 'EMENT-4•TRA[1,��ee
TS.DWG
MATCH LINE (SEE SHEET 6)
Blom
>• �.■� >r rr i� liiiiiiiii �. ■o sr
c N89°55'02"E b TRACT 2
P . O . B . _ ` 20.00' i 0.0046 ACRES
TRACT 2 - a = 200 SQ. FT-
12' HOPE STORM
INO°04'58"W
10.00' ISO°04'58"E
889°55'02" 10.00'
20.00' SECTION I f 20' SANITARY SEWER EASEMENT
2- 4 r VOL. 14266, PG. 161, D.R.T.C.T,
EX 18" SS LINE I 100' TEXAS POWER &
P.P.B.
TRACT 3
NO°04'58
20.
_ 6" PVC WAT2000
WATE12 =
f I
LIGHT COMPANY EASEMENT
VOL. 6166, PG. 59,
D.R.T.C.T.
r0 O
I
I
I f
- N89°55'02'E
LOT 7, BLOCK 1
g�
20.00'
GOLDEN TRIANGLE
I I
j fI
CROSSING ADDITION
SO o04'S8 E
DOG. NO.
O.P.R.T.C.T.
_ TRACT 3 - -
� tV
S89°55'02"W 0.0092 ACRES
f V SEC3 ION -�I- 20,00' 400 SQ. FT. -ram
-
..
I `I`
I� 0 30 60
GRAPHIC SCALE IN FEET
20' SANITARY SEWER EASEMENT A
VOL. 14266, PG. 161. D.R.T.C.T. J(--
MATCH LINE (SEE SHEET 8)
ENCROACHMENT
AGREEMENT AREA
NOTES: 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 v c�
hereon are proposed and shown for informational purposes only. TARRANT COUNTY, TEXAS
LEGEND Kimlpy))Horn
SS = SANITARY SEWER
P.O.C. =POINT OF COMMENCING
P.O.B POINT OF BEGINNINGIRFC = IRON ROD W/CAP FOUND 13455 Noel Roatl. Two Gallena OTel No (972) 770-1300
IRF = IRON ROD FOUND Toner, Suae 700. 04fiaf. TsMs 75240 FIRM a A, 0115500 F"No (972) 239.3620
D, R.T-C.T. = DEED RECORDS OF TARRANT COUNTY, TEXAS Scala I Drawn by I ChoCked bV I Dele I PM4M NV, I sheet No
O P,R.T.C.T. = OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS 1" = 69 MSM 0,10 MAR 2020 1 067771659 ` 7 OF 12
MATHERNE. MARK 3/21202010:37 AM K:1DAL_SURVEYW67771M-GREYSTAR GOLDEN TRIANGLEIOM 0677716594ftYSTAR GOLbE:N TRIANGCE_ENCR AGOEMENT-4-TRACTS_DWG
MATCH LINE (SEE
SHEET 7)
112-IRFC
-SPOONE
LOT 7, BLOCK 1
_..
GOLDEN TRIANGLE
CROSSING ADDITION'�T—
= I
-7-
O.P.R.T.C.T. =
1 00-TEXAS POWER &
II II
GOLDEN TRIANGLE CROSSING
LOT 6, BOCK 1
DOC. NO. D28066624
O.P.R.TII.C.T. I
I
'I I I
EX. 18" SS LINE
N89007'39"E—
20.00'
N1°50'24"W
15.58'
ST ,qMR
_ f
NO°46'C6"E $87°41'27"E�'j
5.00' 64.84' 1 \
1l2" IRFC 1
"SPOONER" (CM)
-0.0.�. �-fir
TRACT 4 P.O.B.
TRACT 4 SE
W W-( y
W
NORTH
0 30 60
GRAPHIC SCALE IN FEET
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 8 storm pipes shown
hereon are proposed and shown for informational purposes only.
_ LIGHT COMPANY EASEMENT
VOL. 6207, PG. 680, D.R.T.C.T.... l —
�
I n
` 20' SANITARY SEWER EASEMENT
4�3:1
VOL. 14266, PG. 161, D.R.T.C.T.
_1
--- TRACT 4
I �w ^ 0.0074 ACRES
Dili I 323 SQ. FT.
^S1 °50'24"E25' EASEMENTwRESERVATION ^� "
`16.69' i T— BY REALTY CAPITAL GOLDEN TRIANGLE
' VOL. 14974, PG. 27, D.R.T.C.T.
N1°5024�' _—_.-----
20.05'
�N87°41'27" VN-
„20.05'� b GOLDEN TRIANGLE BOULEVARD
CTI O N (A t2o.FOpT RIGW7-0f•wAVI
VOL 6639. PG 614
. W — IN W VOL. 6639. PG. 610
W
ENCROACHMENT
AGREEMENT AREA
J. BILLINGSLEY SURVEY,
ABSTRACT NO. 70
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
LEGEND KimI >>> Horn
SS = SANITARY SEWER
P,O.C.= POINT OF COMMENCING
P.O B. =POINT OF BEGINNING
IRFC = IRON ROD W/CAP FOUND 13455 Noel Road, Two Galena OI Tel. No. (972) 770-1300
IRF = IRON ROD FOUND Tower, Sufte 700. Dallas, Tomas 75240 FIRM # 101 JIM Fix No. (972) 239-3820
D R. T,C T- = DEED RECORDS OF TARRANT COUNTY, TEXAS S� le Drawn by Chee7red ov D_te Proles No Sheet No
O.P.R.TC.T. =OFFICIAL PUBLIC RECORDS, TARRANT COUNTY. TEXAS MSM OJD I MAR.2020 0677)1659 6 OF 12
, tATHERNE, MARK 31WMO 10'.37 AM KADAL SURVEYM7771659{GREYSTAR GOLDEN TRIANGLEOWC3i7771659-G EYSTAR GOL EN TRIANGLE ENCR AGF{ MENT-4-TRA 1•S.DWG
710
705
700
[•-1`
690
685
i
8+00
291 LF OF METAL FENCE ALONG
WEST LINE DF 20' WIDE EASEMENT
6'HT GATE — GATE AT FENCE POSTS
FENCE LINE SIDEWALK g 8' O.C. (TYP.)
t t 1 i l l l l l l l
1 1
1 6'-6" HT. BRICK COLUMNS I i 1
I WITH CONCRETE FOOTINGS I l I
I 1 1 1 I I I I I I I
I I I I 1 I 1
FINISH GRADE I I
1 I
I I I I I 1 EXISTING GRADE
u 1_ �_ � a, i _ ,i• rr,
CD
LLJ
'W
2
24" HD�ROSSING
E CROSSING FENCE POSTS
,NV:
69.18 FOOTINGS (TYP) (l j
III4" WA (1)
INV: 690-04
' O
8' V�►� CROSSING +
INV: 94.08 ' O
Ix Q
yj V W — PIPE ALONG CENTERLINE
M OF 29 WIDE EASEMENT
,W
Z
EX. 187 S i @ 0.25% _
�CC
ENCROACHMENT' G
AREA
to
N �
0 to r0
I
LL ILL u
ENCROACHMENT
AGREEMENT AREA
9+00
SECTION 1 - TRACT 1
ENCROACHMENT
AGREEMENT AREA
Kimlgy)))Horn
IU55 Noel ROW. Two Ga9erta OTel. No. (972) 770-1300
Tower, Suite 700. Dallas, Tess 75240 FIRM a 10115500 Fax No. (972) 239-3820
PROFILES scao.
1"=40'H 4'V 1 D SM ii I J�by FEB-ate 1 cojectNo 71659 I BOFN2 .
MATHERNE, MARK =812020 12:08 PM K:1DAL—CIVIL1067'771659.OVERTURE GOLDEN TRtANGLE1CA01PI�NSHEETSIP IVATE PLANSiEXH-SSWR-PROF-PRVT-EIIVCR41-TRACTS.DV\G
710
291 LF OF METAL FENCE ALONG
WEST L NE OF 20' WIDE EASEMENT
fFENCE POSTS (d 8' O.C. (TYP.) 6' HT. GATE/FENCE LINE
I f
I I I I I I I I I I I I I I I 1 1 705
r r r r r l r r r r r l l r r r l l
I I l l t l l l l l t l l l i t l l
I I I I I I I I I I I I I 1 1 1 1 1
FINISH I I I I I I I I I I I
1 1! I l t l l l l l l l f
I I I I I I I I I 1 1 1 1 1 1 1 1
' I I I —EXISTING GRADE 'AppROx'GRADE AT I I I I
FENCE ALIGNMENT I I I I
11 1 1 1 1 1 1 1 1 1 1 1 1 1 1{ I
700
LU
Lij
FENCE POSTS
LU w FOOTINGS (TYP )
co 1 I 695
+' I
rn
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Lu
w
z 690
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} ENCROACHMENT I ' y
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I 685
CNI
cm o ai I
m 0 Qll
U. LL� I 680
10+00 11+00
SECTION 1 - TRACT 1
ENCROACHMENT
AGREEMENT AREA
ENCROACHMENT Kim1,py))) Horn
AGREEMENTAREA 13455 Noel Roan, Two Galbria (Tel. No. (912) 770-1300
Tower, Suite 700, Dallas, Texas 75240 FIRM k 10115500 Fax No. (972) 239-3820
PR O F I L E S Scale I am -by Cued W Da Profett No sheep Ho.
MATHERNE, MARK 2128202012:09 PM K:1DAL_CIVIL1087771859-OVERTURE GOLDEN TRIANGLElCAMP�ANSHEETSIPRIVATE PLAN SSVVR-PROF-PRVT-ENCR-e-TRACTS.MG F 12
710
I I
I
I
I
I
705
I I
I
t
I
FINISH GRADE
I
FINISH GRADE
iiiEXISTING
/-.I
GRADE
wASATERIJ
=NNHOLE /-EXISTING GRADE
MANHOL
700
- - - - - - �
4" VA CROSSING
INV 697.36
I
I
24" HDPE CROSSING
INV: 696.80 8° WA CROSSINGT_
18"HDPE CR!}SSiNG
INV: 696.28
INI: 696,41
695
M r m
I
f` CO
1
690
EX.
�18`' SS @ 6.25%
EX. 18" SS @ 0.25%
0
EX. 18 SS @ 0.25/e
I
-- 1
—
10'-WIDEI
ENCROACHMENT
20'-WIDE
AREA
11
II
ENCROACHMENT
665
I
l AREA —
d~0 I
1
I Ql
O I
I f=
co
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co
Im
w
I
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LL
680
� I
Li
00 6+00
7+00
SECTION 3 - TRACT 3
SECTION 2 - TRACT 2
ENCROACHMENT
ENCROACHMENT
AGREEMENT AREA
AGREEMENT AREA
ENCROACHMENT
KiPwa,wrcele
*Horn
AGREEMENTAREA
13455 Noel Road. T.a Tel. No. (972) 770-1300
Tower, Suile 700. Dallas, Tamm 75240 FIRM a 10115500 Fez No. (972) 239-3820
PROFILESStele
Drawn by � aye Proiccf No.
Sheet No
II
I F 12
MATHERNE. MARK 21282M 12:09 PM K.1DAL CIVIL1067771658AVERTURE GOLDEN TRIANGLEICADIPLANSHEETSUAIVATE
PLANhXHS5WR�R0 OF-E�CR4-TRACTS WG
710
710
705
I I
II
II
I i
705
II
I
I
F NISH GRADE
700
1 -
700
r--EXISTING GRADE
R
695
i
i
695
II 1
1 12" 3T CROSSING
I�INV 693.22
690
i i
i �r -
690
ii EX. W SS Cad 0.391%
685
I I
l
685
VARIABLE WIDTH
ENCROACHMENT
i
AREA
I
vto
i w
co
�
680
LL
I
I U-
680
1+00
SECTION 4 - TRACT 4
ENCROACHMENT
AGREEMENT AREA
ENCROACHMENT Kimlgy)))Horn
AGREEMENTAREA 13455 Noel Road, T%* Gallerfe OTel. No, 1972) 770.1300
Tower, Suite 700, DWLsi, Texas 75240 FIRM • 101155W Fax No. (972) 239-3a20
PROFILES\\ale Draw by fey I Date I N0 = N0.
MATHERNE. MARK WAR02012V9 PM K:IDAL_CIVILW677716S4-0OVERTURE GOLDEN TRIANGLEICADVILANSHEETSW IVATE PLANIIEXHSSWR-tOF•PRVT-ENCR-4-TRACTS.[�120FU
EXHIBIT B
Certificate of Insurance
Easement Encroachment Agreement - Commercial Page 12 of 13
Revised 1/2020
EXTHIBIT B, REVISED
CERTIFICATE OF INSURANCE
EncroachmentAssignmentAgreement Page 10 of 10
Rev 04/2020
®
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