HomeMy WebLinkAboutContract 53383-CA2D222190690 07/29/2022 03:06 PM Page: 1 of 31 Fee: $139.00 Submitter: Chicago Title - NCS (Dallas) - 02100
Electronically Recorded by Tarrant County Clerk in Official Public Records
MARY LOUISE NICHOLSON
COUNTY CLERK
Date Received: 7/25/2023 Record Number: PN22-00098
Time Received: 1:23 p.m. City Secretary Number: 53383-CA2
ASSIGNMENT AND CONSENT OF ENCROACHMENT AGREEMENT
City Secretary Contract No. 53383
THIS ASSIGNMENT OF ENCROACHMENT AGREEMENT ("Assignment") is
made and entered into as of this 29th day of July , 2022, by and between the CITY OF
FORT WORTH, a Texas home -rule municipal corporation ("C�t "), Fort Worth River Park,
LLC a Delaware limited liability company("Assignor"), and TA REALTY VALUE -ADD
FUND XHI REIT, LLC, a Delaware limited liability company ("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. 53383 (the "Encroachment Agreement"), on the 71h day of January, 2022, 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
WHEREAS, the Encroachment Agreement was recorded the 14th day of January, 2022,
as Instrument No. D220009423 in the Real Property Records of Tarrant County, Texas;
WHEREAS, Assignor desires to assign the Encroachment Agreement to Assignee.
AGREEMENT:
NOW, THEREFORE, for and in consideration of the above and foregoing premises and
the mutual covenants, terms, and conditions herein contained, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby
agree as follows:
1. Assignor hereby assigns, transfers, and conveys all rights and interests and
delegates it duties and obligations under the Encroachment Agreement to Assignee.
2. Assignee hereby accepts the Assignment granted herein, and assumes all of
Assignor's rights, duties, and obligations arising under the Encroachment Agreement.
OFFICIAL RECORD
Encroachment Assignment Agreement CITY SECRETARY Page 1 of 10
FT. WORTH, TX Rev 04/2020
D222190690 Page 2 of 31
3. Assignor has full right, power, and authority to enter into this Assignment, to
snake 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 in which Assignee takes
title and ownership of the Property (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. trail 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.
City
Development Services Department
200 Texas Street
Fort Worth TX 76102
Attention: Director
Assignor
Fort Worth at River Park, LLC
Before Julv 31.2022:
Attention: Sara Hanback
1020 N.E. Loot) 410. Suite 700
San Antonio. Bexar Countv. Texas 78209
Encroachment Assignment Agreement Page 2 of 10
Rev 04/2020
D222190690 Page 3 of 31
After July 31, 2022:
Attention: Sara Hanback
7600 Broadway. Suite 300
San Antonio. Bexar County, Texas 78209
Assignee
TA Realtv Value -Add Fund XIII REIT, LLC
Attention: Asset Manaeer-Texas
One Federal Street, 17'' Floor
Boston. MA 02110
with a coov to:
Stutzman, Brombera, Esserman & Plitka, PC
2323 Brvan Street. Suite 2200
Dallas, Texas 75201
Attn: Kenneth F. Plifka
Suzanne Snraaue-Trammell
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. Assignor shall cause this Assignment to be filed of record at Assignor'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.
Encroachment Assignment Agreement Page 3 of 10
Rev 04/2020
D222190690
Page 4 of 31
[SIGNATURES APPEAR ON FOLLOWING PAGES]
Encroachment Assignment Agreement
Page 4 of I0
Rev 04/2020
D222190690
Page 5 of 31
ASSIGNOR:
FORT WORTH AT RIVER PARK, LLC,
a Delaware limited liability company
By: RPBI-GP, LLC.,
a Texas limited liability co pany,
its Managing Member
By:LHMa
nback, '
Vice President of Finance
STATE OF TEXAS §
COUNTY OF BEXAR §
This instrument was acknowledged before me by Sara Hanback, as the Vice President of
Finance of RPBI-GP, LLC, a Texas limited liability company, the Managing Member of FORT
WORTH AT RIVER PARK, LLC, a Texas limited liability company, on behalf of said limited
liability company.
IsJennifer Lynn Schmit
My Coxpires
512412026
Notary ID133176553
[NOTARIAL SEAL]
e-�
-t
otary Put -St, a of Tsexas
Printed Name: Seaft4er rfi
My Commission Expires:
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
ASSIGNMENT OF EASEMENT ENCROACHMENT LICENSE AGREEMENT SIGNATURE PAGE
D222190690
Page 6 of 31
ASSIGNEE:
TA REALTY VALUE -ADD FUND XIII REIT, LLC,
a Delaware limited liability company
By: TA Realty Value -Add Fund XIII REIT Manager, LLC
a Delaware limited liability company,
its manager 7�
Name: ,_ Ra'si es
Title: �s •
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF SUFFOLK §
On this r2� day of 2022, before me, the undersigned notary public, personally
appeared 50_rr*A proved to me through satisfactory evidence of
identification, which was ❑ photographic identification with signature issued by a federal or state
governmental agency, ❑ oath or affirmation of a credible witness, N personal knowledge of the
undersigned, to be the person whose name is signed on the preceding or attached document(s), and
acknowledged to me that he/she signed it voluntarily for its stated purpose as the
V4 OAOq lnq v0.`M ex— of TA REALTY VALUE -ADD FUND XIII REIT
Manager, LLC; a Delaware limited liability company, as manager for TA REALTY VALUE -ADD
FUND XIII REIT, LLC, a Delaware limited liability company, on behalf of such entity.
My Commission Expires:
5 •-I l - 202a
(official seal)
%Laos.. i -.-gin Q
Notary Public
ttt�t��rrrr►f►��
c+'. * =
�.S ONii.�wt�<�♦
D222190690
Page 7 of 31
APPROVED AS TO FORM AND
LEGALITY:
FWBC Sec. 3210
Thomas Royce Hansen, Assistant City Attorney
City Attorney's Office
Date: Ju126, 2022
dovonRU
F FORt �aa
ATTEST: got °°°`-0
wetem-S. Co�r�c�G ~�
PVo a=o
Janretie S. Gaod3llgJu 2?,2922:2:40GF?71 P�*% o°*�
0
Jannette Goodall
�aa�� nEapSdp�
City Secretary
(M&C not Required)
Date: Jul 27, 2022
Encroachment Assignment Agreement
CITY OF FORT WORTH
D.I o- KKK ;;uE 26, 202! 1."!l4mr)
DJ Harrell, Director
Development Services Department
Date: Jul 26, 2022
Contract Compliance Specialist:
By signing I acknowledge that I am the person
responsible for the monitoring and administration of
this contract, including ensuring all performance and
reporting requirements.
e car c?t Iderafes,iul'2 , 25cr��
Janie S. Morales
Date:
Jul 26, 2022 Development Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 7 of 10
Rev 04/2020
7 D222190690 Page 8 of 31
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on July 26 , 2022 by DJ
Harrell, Interim Director, as the Director of the Development Services Department of the City of Fort
Worth, a Texas municipal corporation on behalf of the City of Fort Worth.
r
Aa P
B�
WENDY L BEARDSLEE
Notary Public
x +
STATE OF TEXAS
Notary I.D. 13323719-3
My Comm. Exp. July 28,.2025
Encroachment Assignment Agreement
by
Wendy L. Wendy Digitally B aerd lee
Beardslee 1a1e:2022.07.26
19:34:22 -05'00'
Notary Public, State of Texas
Page 8 of 10
Rev 04/2020
D222190690
Page 9 of 31
EXHIBIT A
ORIGINAL AGREEMENT WITH ATTACHED EXHIBITS
Encroachment Assignment Agreement
Page 9 of 10
Rev 04/2020
D222190690 Page 10 of 31
CITY SECRETARY
14!,EIVED CONTRACT NO. �' 33 93
:,�jAk, ' 1M
M-M 4 ItWORTP, EASEMENT ENCROACHMENT LICENSE AGREEMENT
y�c ' y Commercial
THIS EASEMENT ENCROACHMENT LICENSE AGREEMENT (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 Planning and
Development Director, and FORT WORTH AT RIVER PARK, LLC, a Delaware limited
liability company (together with its successors and assigns, "Licensee"), owner of the real
property located at 2500 River Park Drive, Fort Worth, Texas 76116 ("Property"), acting
by and through its duly authorized Senior Vice President -Development.
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 "City's 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 constructing a driveway
and retaining wall (the "Encroachment"). Upon completion of the Encroachment,
Licensee agrees to be responsible for maintaining the Encroachment within the City's
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.
Easement Encroachment Agreement — Commercial (Sanitary Sewer — River Park) Page 1
4829-1862-1349, v. 7 Revised 12/2018
D222190690
Page 11 of 31
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 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 sewer
facilities. 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.
Upon termination of this Agreement, Licensee shall, at the option of and st 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 Encroachment and any supporting
structures and assess a lien on the Property for the costs expended by the City in taking
such actions.
4.
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).
Easement Encroachment Agreement — Commercial (Sanitary Sewer — River Park) Page 2
4829-1862-1349, v. 7 Revised. 12/2018
D222190690
Page 12 of 31
5.
The intial 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. So long as Licensee is not in default at the expiration of
the term of this Agreement (as maybe subsequently renewed), this Agreement shall renew
for thirty (30) years under the terms and conditions set forth herein.
6.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY
INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS FROM AND
AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR
LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, OF WHATSOEVER KIND OR CHARACTER, 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.
7.
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
Easement Encroachment Agreement — Commercial (Sanitary Sewer — River Park) Page 3
4829-1862-1349, v. 7 Revised 12/2018
D222190690
Page 13 of 31
$1,000,000 Commercial General Liability
with the understanding and agreement by Licensee that such insurance amounts may be
revised upward at City's option and that Licensee shall so revise such amounts immediately
following notice to Licensee of such requirement. Such insurance policy shall not be
canceled or 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 City's Easement. All insurance coverage required herein shall include coverage of
all Licensee's contractors and subcontractors.
S.
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.
9.
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.
10.
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.
Easement Encroachment Agreement — Commercial (Sanitary Sewer — River Park) Page 4
4829-1862-1349, v. 7 Revised 12/2018
D222190690
Page 14 of 31
11.
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.
12.
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
City's Easement and is not a conveyance of any right, title, or interest in or to the City's
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.
13.
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.
14.
The parties agree that the duties and obligations contained in Section 3 shall survive
the termination of this Agreement.
15.
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, except as set forth
herein. In the event Licensee conveys the Property to any new owner, 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.
Easement Encroachment Agreement — Commercial (Sanitary Sewer — River Park) Page 5
4829-1862-1349, v. 7 Revised 12/201 S
D222190690
Page 15 of 31
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.
16.
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.
17.
This Agreement shall be binding upon the parties hereto and their successors and
assigns.
Following written request therefor, the City agrees to provide a statement to
Licensee or Licensee's lender relating to the status of this Agreement and Licensee's
performance and compliance with this Agreement (together with statements as to whether
fees due under this Agreement have been paid and whether Licensee is in default under
this Agreement).
The lien of the assessments provided for in Section 3, above, shall be subordinate
to the lien of any first mortgage and any sale or transfer of the Property shall not affect the
assessment lien; provided, however, that the sale or transfer of the Property in connection
with a mortgage foreclosure proceeding or any proceeding in lieu thereof, shall extinguish
the lien of the assessment, interest, and charges dur prior to such sale or transfer (but in
now event shall the prior owner of the Property be relieved. of any liability whatsoever for
such obligation and debt.
Any notice required to be given to Licensee shall be furnished to Licensee at such
address (or addresses) as may be specified in writing by Licensee to the City. The initial
address for notice to Licensee is 1020 N.E. Loop 410, Suite 700, San Antonio, Texas
78209.
18.
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 PAGES]
Easement Encroachment Agreement -- Commercial (Sanitary Sewer — River Park) Page 6
4829-1862-1349, v. 7 Revised 12/2018
D222190690
Page 16 of 31
City:
CITY OF FORT WORTH
By•
Randle Harwood, Director
Plannin & evelopment
Z,2;p
Date:
ATTEST:
Licensee:
Approved As To Form and Legality
Matthew A. Murray
Contract Compliance Manager:
By signing I acknowledge that I am the person
resaponsiblea for the monitoring and administration
of thisc tract including ensuring all performance
� 1,?hd leportitg requirements.
S. Morales
it Manager
Easement Encroachment Agreement — Commercial (Sanitary Sewer — River Park) Signature Page
4829-1862-1349. v. 7 Revised 12/2018
D222190690
Page 17 of 31
Yfltti>r1 . iSlrr�►�y�����r iIM�W��li>�!�N1�1►iill [� L���I a►�0r-- MkLI 1J11 Jklm"I"
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authorit , a No ary Public
�_ iinntand
[f,� the State of
Texas, on this day personally appeared R'aa�n le at�wo� ,, �r w� n't� r�ie IO be the Pei -son
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 —7 day of
, 20 2Q
. . h�
Nat Public ' nd for t to exas
After recording return to:
Planning & Development
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
�0011�" �aJENNSFER LOUISE EZERNACK
a;a � ,S Notary Public, State of Texas
:y Qg Comm. Expires 03-012024
y�Jk �F tQ1�� Notary ID 130561630 `
1�1i311�ti , . 111AV�
Easement Encroachment Agreement — Commercial (Sanitary Sewer — River Park) Signature Page
4829-1862-1349. v. 7 Revised 12/2018
D222190690
Page 18 of 31
Licensee:
FORT WORTH AT RIVER PARK, LLC,
a Delaware limited liability company
By: RPBI-GP, LLC,
a Texas limited liability company,
its Managing Member
By:
Name: - /-1 kn 'r le -
Title: Pr i.CcaE-s'�CR
STATE OF TEXAS
COUNTY OF BEXAR
The foregoin,&_instrumeg was acknowledged before me tl s day of
December 2019 by _� 1) keel At`r 1/54 P1t6Mof RPBI-GP, LLC,
a Texas limited liability company, Managing Member of FORT WORTH AT RIVER
PARK, LLC, a Delaware limited liability company, on behalf of said limited liability
M�� KIMBERLY MAGNQN
Notary Public. State of Texas
V, Comm. Expires 10-17.2021
Notary Ib 128149146
My Commission Expires:
Notary Public
Easement Encroachment Agreement — Commercial (Sanitary Sewer — River Park) Signature Page
4829-1862-1349, v. 7 Revised 12/2018
D222190690
Page 19 of 31
EXHIBIT A
Map of City's Easement and Encroachment
Easement Encroachment Agreement — Commercial (Sanitary Sewer— River Park) Exhibit A
4829-1662-1349, v_ 7 Revised 12/2018
7 D222190690
Page 20 of 31
ce
z
z
m
v � yARp
�¢pS
ECT LOCATION
1 lkS
OWNER: 4`I PELOTON
VICINITY MAP EMSREY PARTNERS, LTD. hii �.wo ,a�ur,aN,
9800 }{WOOD
NORTH S
1020 NE LOOP 410, SUITE 700 ILPARKWAY
50
NOTTOSCALE RIVER PARK APARTMENTS SAN ANTONIO, TX 78209 SUITE T
PHONE P 210.824.6044 FORT WORTH
. 62 76177
DATE: 07l1912019 PHONE: 817.562-3350
D222190690
Page 21 of 31
I
I:
—17 TI__..._.:.._...._.:_.._-------�
} I } [ { �XSSSTA12+30A ----
}ICUT IN T MANHOLE, 1>
} 1 [ ICONNECT TO EX 21' RCP SSWR, &r,.
I } I (BEGIN 24" DIP SSWR r
} (EX 21' FL: 5$ 35 I;
124" FL: 582.35 r
IN;6943311,41 1
[ 1 1 1 L 2303395.13—
} ! [ 1 4 re 63 LF
}24- DUCTILE IRON SSWR
ISLOPE TOMATCH EXISTINGI
DESIGNIBUILD : [ 1 1 I PIPE @ t0.13% J
RETAINING
_ WALL 1 }
rX SS STA 11+76.03 _—
I ,', I j 1 jSS-2 STA O+OO.00 1 ,[ I } [ ICUT IN 5' MANHOLE,
y rt 4 y TEND 24" DIP SSWR,
CONNECT TO EX 21" RCP SSWR, 3
BEGIN 8" PRIVATE SSWR SERVICE
f' e °1 ' { ` 1 1 IEX 21" FL: 582.26
r i....0 ,u:.:...,.e } } 124" FL: 582.26 1
18" FL: 562.36
s»= l y• '- 1 } .I IN:6943249.29 I
l 1 -E.-3423003.ter r------49
-------J
j r•.__ } .� iE CONSTRUCT 5 LF
S" SANITARY SEWER G 0.55%
rEND VSEWER-- 1`
t 1 } [ ISERVICE ATEASEMENT
I
} } t 18" FL: MAO �!
INSTALL: I,
11-8"DOUBLE CLEANOUTI
} [ I 'IN:6943247.46 1 ;} •. `, 4 } t1t : 2303395�99 .� — _ J I
I 111
1'!1I P E LOTO N
'III LAND SOLUTIONS
RIVER PARK APARTMENTS
PUBLIC SANITARY MAIN PLAN VIEW
rartrwvxws w
wclsf]oV
i
c
7 D222190690
Page 22 of 31
EX -SS
615 615
610 i 610
605
600
595
590
605
600
595
GRADE
590
. ..... . ....... . ..
--SLOP4-TOMA.
T�
EXIST INIGUNWE
IF.13%
EX 2P SS
. ..... .... ....
580 580
A,
--- ------- F--L.
675 575
-0+60 0+00 1+00 1+50
1101 PELOTON
Fil 1 —1 LAND sotureems
RIVER PARK APARTMENTS
PUBLIC SANITARY MAIN PROFILE 2
a
RAILING PER MANUFACTURES 2,, 7, RAILING PER MANUFACTURES
SPECIFICATIONSMALLDESIGNN TO TC S,PECIFICATIONSIWALLDESIGN
G G
RETAINING WALL
DESIGN BY OTHERS �
REGRADING PLAN FOR WALL HEIGHTS ��J ! I M L i -i I -ri �I !
e I3 � : �� � S-�, RETAINING WALL
=: 11'a ;ail STABOR16 `�i -� E DESIGN BY OTHERS
�. ( `
}LS,,-,c i ii ; !-_ SUBGRADE .i I I--- [ �•-- {'ti' "G srj REGRADING PLAN FOR WALL HEIGHTS
5 MINIMUM, ` _1 1 1 ._.; . n.u_� �ii)_c_� ; , r
V MANHOLE
I-- - -� f li Wiii I:.� _•_'.j � �'-�-��.�_.� L...... -J.� k`�Y! �C'T �s 2
REfAININ�3 WALL ` t )y BW MINIMUM
1)EStGN BYOTHERS 1- 5' MANHOLE
EX 21RCP =1 1..3! 1...7 1 l �! ! ( --` � 1—� i �... � ;s_I _ 1 1 1 p^ � _1 i � I ? I 1 ! W " EX 21' RCP
SS — = ' ?...... �_j SSWR
-
't�(;-...:? i I-�.s ,.�..5: i--"�-- I, I-- i I--•-�- r-=..r-{• I
C b
z4"DIP
�l >;��
_; ; •-�.! : �.�.! 1:— ! , _ , i .--•-! i !�"i 1 I =�i s 1—I : E��.:' !__: ! I ---'I ; �__f i ;—I ! I ---•I ! i--! I i_�-1 ,_ ; I I --i I I—�i ! i--I 11-1 i :--: ! 1=-
PEi�wui PERWALL +4'4 -. t3=6"
DESIGN DESIGN PER WALL PER WALL
DESIGN DESIGN
s
a I RIVER PARK APARTMENTS
II!�I PE LOTON PUBLIC SANITARY MAIN PROFILE 1 SCALE: NTS
i� I LAND 101YTION1
•ucusr ,a
oar,vM V1%w
O
0)
cD
O
6'!
N
N
04
r"
D222190690
I
Page 24 of 31
EXHIBIT OF A
PUBLIC SANITARY SEWER EASEMENT
BEING A TRACT OF LAND SITUATED IN THE HEIRS OF EDWARD WILBURN SURVEY, ABSTRACT
NUMBER 1635 TARRANT COUNTY, TEXAS, BEING A PORTION OF THAT TRACT OF LAND
DESCRIBED BY DEED TO FORT WORTH AT RIVER PARK, LLC. RECORDED IN INSTRUMENT
NUMBER D219293477, COUNTY RECORDS, TARRANT COUNTY, TEXAS AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A 5/8 INCH IRON ROD FOUND CAP STAMPED "DUNAWAY" FOR THE
SOUTHEAST CORNER OF SAID TRACT AND THE WEST RIGHT-OF-WAY LINE OF BRYANT IRVIN
ROAD (A VARIABLE WIDTH PUBLIC RIGHT-OF-WAY);
THENCE N 06"42-48" W,187.77 FEET WITH SAID BRYANT IRVIN ROAD, TO THE POINT OF
BEGINNING:
THENCE DEPARTING SAID BRYANT IRVIN ROAD LINE, OVER AND ACROSS SAID FORT WORTH AT
RIVER PARK, I.I.C. TRACT THE FOLLOWING BEARINGS AND DISTANCES:
S 82°19'44" W, 12,14 FEET;
N 0r40'16" W, 67,68 FEET;
N 82`19'44" E,13.28 FEET;
THENCE S 06'42'48" E, 67.69 FEET TO THE POINT OF BEGINNING AND CONTAINING 860
SQUARE FEET OR 0.020 ACRES OF LAND MORE OR LESS.
"Integral parts of this document"
1. Description 1 Page
2. Exhibit-1 Page
Pelolon lob No. W819001 'tracking No. n/a
Crisco acccnkber 23, 2019
0:1)OEl1EM1319001_REVER OAKS_APTSIMASTPRDEN SURVEY\EASEMENTS\LEGALS%EMB19001^E3A8.00CX Page I of
D222190690
Page 25 of 31
Basis of Bearing is the Texas Coordinate
System, North Central Zone 4202, NAD 83
"Integral parts of this document"
1. Description — 1 Page
2. Exhibit — 1 Pogo
LEGEND:
IRF=IRON ROD FOUND
g 01Y,
1,10
LolURN Su 1635
0105A]RD CT
ABST N8219'441
13.28'
67
S82'19'44"W—/
12.14'
POINT OF
BEGINNING
FORT WORTH AT
RIVER PARK, LLC,
Inst.# D219293477
C,R.T.C.T.
r: q�
.i;........I..... '� .�
1sE1
CHARLES.STEPN....,...
,•�•'�OFizSS��P'.'4�
0.020 ACRES
860 SQUARE FEET
S06'42'48"E
67.69'
N06'42'48"W 1 i o
187.77'
c�
l•i
5I 1AF Cep
3tasped 'Dunaway'
POINT OF
COMMENCING
rll"\�
N
0 25 50
r III
GRAPHIC SCALE IN FEEI
EXHIBIT of A
PUBLIC SANITARY SEWER EASEMENT
HEIRS OF EDWARD WILBURN SURVEY, ABSTRACT NO. 1635
4�1= CITY OF FORT WORTH
P E LOTO N TARRAN T COUNTY. TEXAS
LAND SOLUTIONS
s1000 SCO. wsS011CO 469.2E4°6 JOB #: EM819001 DRAWN BY: MYOST (CHECKED BY: SRAMSEY IDATE: 10/0712019 PAGE #: 2 OF 2
fRISCD, TX 7ie13 �a&21b1604
IWC. flaME G:\J08\�.u6190Di... RIVER... OAKS,.APIS�UASIER Dr.V\._SUHVEY\EASE t"15\EIA019O01 ...E+18.DIti6 OT DATE! 12/23/9.019
D222190690
Page 26 of 31
EXHIBIT C
Metes and Bounds Legal Description of the Property
Easement Encroachment Agreement — Commercial (Sanitary Sewer -- River Park) Exhibit C
4829-1862-1349, v. 7 Revised 12/2018
D222190690 Page 27 of 31
LEGAL DESCRIPTION
BEING A TRACT OF LAND SITUATED IN THE HEIRS OF EDWARD WILBURN SURVEY, ABSTRACT NUMBER
1635 AND BEING ALL OF THAT TRACT OF LAND DESCRIBED BY DEED TO FORT WORTH AT RIVER PARK,
LLC. RECORDED IN INSTRUMENT NUMBER D219293477, COUNTY RECORDS, TARRANT COUNTY, TEXAS
AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID FORT WORTH AT RIVER PARK TRACT, BEING IN THE
NORTH RIGHT-OF-WAY LINE (A VARIABLE WIDTH RIGHT-OF-WAY) OF RIVER PARK DRIVE, BEING THE
SOUTHEAST CORNER OF LOT 1, BLOCK 2, RIVER PARK ADDITION, AN ADDITION TO THE CITY OF FORT
WORTH AS RECORDED IN CABINET B, SLIDE 3083, SAID COUNTY RECORDS, FROM WHICH A 1/2 INCH
IRON ROD FOUND BEARS S 75601'35'W, 0.19 FEET;
THENCE N 40'09'16"W, DEPARTING SAID NORTH RIGHT-OF-WAY, WITH THE EAST LINE OF SAID RIVER
PARK ADDITION, AT 353.13 FEETA 5/8 INCH IRON ROD FOUND BEING THE SOUTHEASTCORNER OF LOT
6, BLOCK 2 RIVER PARK ADDITION, AN ADDITION TO THE CITY OF FORT WORTH AS RECORDED IN
CABINET A, SLIDE 11263, SAID COUNTY RECORDS, IN ALL 634.92 FEETTO A 5/8 INCH IRON ROD WITH
CAP STAMPED "DUNAWAY" FOUND AT THE NORTHEAST CORNER OF SAID LOT 6, BLOCK 2;
THENCE N 66°13'S9"E, 86.08 FEET, DEPARTING SAID WEST LINE, TO A 5/8 INCH IRON ROD WITH CAP
STAMPED "DUNAWAY" FOUND 1N THE SOUTH LINE OF THAT TRACT OF LAND DESCRIBED BY DEED TO
UNION PACIFIC RAILROAD COMPANY AS RECORDED IN VOLUME 13215, PAGE 130, SAID COUNTY
RECORDS;
THENCE N 89°17'44"E, 646.50 FEET, WITH SAID SOUTH LINE, TO A 5/8 IN IRON ROD WITH CAP STAMPED
"DUNAWAY" FOUND IN THE WEST RIGHT-OF-WAY OF BRYANT IRVIN ROAD (A VARIABLE WIDTH
RIGHT-OF-WAY);
THENCE S 06°42'48"E, 434.79 FEET, DEPARTING SAID SOUTH LINE, WITH SAID WEST RIGHT-OF-WAY, TO
A 5/8 INCH IRON ROD WITH CAP STAMPED "DUNAWAY" FOUND IN THE NORTH RIGHT-OF-WAY
LINE OF SAID RIVER PARK DRIVE, THE BEGINNING OF A CURVE TO THE RIGHT;
THENCE WITH SAID NORTH RIGHT-OF-WAY LINE AND SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF
52.14 FEET, THROUGH A CENTRAL ANGLE OF 37-20-25", HAVING A RADIUS OF 80.00 FEET, THE LONG
CHORD WHICH BEARS S 44"11'07"W, 51.22 FEET TO A 5/8 INCH IRON ROD STAMPED "PELOTON"
FOUND;
THENCE S 62'41'06"W, 19.11 FEET TO WITH SAID NORTH RIGHT-OF-WAY LINE TO THE BEGINNING OF A
CURVE TO THE RIGHT FROM WHICH A 1/2 INCH IRON ROD FOUND BEARS S 22"35'50"W, 0.66 FEET;
THENCE CONTINUING WITH SAID NORTH RIGHT-OF-WAY LINE AND SAID CURVE TO THE RIGHT, AN ARC
DISTANCE OF 135.12 FEET, THROUGH A CENTRAL ANGLE OF 26°41'47", HAVING A RADIUS OF 290.00
FEET, THE LONG CHORD WHICH BEARS S 76"01146"W, 133.90 FEET TO A 5/8 INCH IRON ROD STAMPED
"DUNAWAY" FOUND, THE BEGINNING OF A REVERSE CURVE TO THE LEFT;
THENCE WITH SAID NORTH RIGHT-OF-WAY LINE AND SAID CURVE TO THE LEFT, AN ARC DISTANCE OF
185.14 FEET, THROUGH A CENTRAL ANGLE OF 05°17'08", HAVING A RADIUS OF 1084.00 FEET, THE
D222190690
Page 28 of 31
LONG CHORD WHICH BEARS S 84"19'40"W,184.92 FEET TO THE POINT OF BEGINNING AND
CONTAINING 285,307 SQUARE FEET OR 6.549 ACRES OF LAND MORE OR LESS.
D222190690 Page 29 of 31
By:
MARY LOUISE NICHOLSON
t- COUNTY CLERK
100 West Weatherford FortWorth, TX 76196-0401
PHONE (817) 884-1195
CITY OF FORT WORTH
200 TEXAS ST
FT WORTH, TX 76102
Submitter. CITY OF FORT WORTH CFA
OFFICE
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration:
Instrument*
D220009423
1/14/2020 11:28 AM
D220009423
A 21
PGS $95,00
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.
D222190690
Page 30 of 31
EXHIBIT B, REVISED
CERTIFICATE OF INSURANCE
Encroachment Assignment Agreement
Page 10 of 10
Rev 04/2020