HomeMy WebLinkAboutContract 52272-CA1Date Received: 3/20/2024 Record Number: PN23-00039
Time Received: 2:48 p.m. City Secretary Number: 52272-CAl
ASSIGNMENT AND CONSENT OF PUBLIC RIGHT — OF - WAY ENCROACHMENT
AGREEMENT
City Secretary Contract No. 52272
THIS ASSIGNMENT OF ENCROACHMENT AGREEMENT ("Assignment") is
made and entered into as of this 20th day of March , 2024 , by and between the CITY
OF FORT WORTH, a Texas home -rule municipal corporation ("City"), Jefferson Oakhurst
Scenic, LLC, a Delaware limited liability("Assignor"), and Luxia River East, 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. 52272 (the "Encroachment Agreement"), on the 6th day of May, 2019, with Assignor, the
owner of certain real property more particularly described in the attached Legal Description (the
"Property") located adjacent to or near the City's right-of-way on which the encroachments are
located. The encroachments are more particularly described in the Encroachment Agreement,
attached hereto as "Exhibit A" and incorporated herein by reference for all purposes, and are
referenced therein and herein as the "Improvements";
WHEREAS, the Encroachment Agreement was recorded the 13th day of May, 2019, as
Instrument No. D219100917 in the Real Property Records of Tarrant County, Texas;
WHEREAS, Assignor desires to assign the Encroachment Agreement to Assignee located
at 336 Oakhurst Scenic Drive which was sold to the assignee on November 22, 2021 (the "Sale
Date");
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.
Encroachment Assignment Agreement OFFICIAL RECORD Page 1 of 9
CITY SECRETARY Rev 12/2022
FT. WORTH, TX
3. Assignor has full right, power, and authority to enter into this Assignment, to make
the representations set forth herein, and to carry out Assignor's obligations hereunder. Assignee
has the full right, power, and authority to enter into this Assignment, to make the representations
set forth herein, and to carry out Assignee's obligations hereunder.
4. The effective date of this Assignment shall be the date of its execution by the City
(the "Effective Date"). All rights, duties, and obligations under the Encroachment Agreement
arising, accruing, or relating to the period before the Effective Date are allocated to Assignor, and
all rights, duties, and obligations arising, accruing, or relating to the period thereafter shall be
allocated to Assignee.
5. Except as otherwise expressly set forth in this Assignment, Assignor will be
discharged from any and all further obligations under the Encroachment Agreement as of the
Effective Date.
6. Assignor represents, warrants, and covenants with City and Assignee that as of the
Sale Date, to Assignor's actual knowledge, Assignor is not in default of any of its obligations
contained in the Encroachment Agreement. Assignee represents, warrants, and covenants with the
City that during the period from the Sale Date to the Effective Date, to Assignee's best knowledge,
Assignee is not in default of any obligations outlined in the Encroachment Agreement.
7. City hereby consents to this Assignment upon the terms and conditions set forth
herein. Unless and until City has executed this Assignment, it is of no effect. The consent granted
herein should not be construed as consent to any further assignments. The failure or delay of City
in seeking to enforce any provision of the Encroachment Agreement or this Assignment shall not
be deemed a waiver of rights or remedies that City may have or a waiver of any subsequent breach
of the terms and provisions therein or herein contained.
8. Any notice given by any Party to another Party must be in writing and shall be
effective upon receipt when (i) sent by U.S. mail with proper postage, certified mail return receipt
requested, or by a nationally recognized overnight delivery service, and (ii) addressed to the other
Party at the address set out below or at such other address as the receiving Party designates by
proper notice to the sending Party.
CijY
Development Services Department
200 Texas Street
Fort Worth TX 76102
Attention: Director
Assignor
Jefferson Oakhurst Scenic, LLC
600 E. Las Colinas Blvd Ste 1800
Irving, Tx 75039
Encroachment Assignment Agreement Page 2 of 9
Rev 12/2022
Assignee
Luxia River East, LLC
82 Armstrong Dr
Mustang, Oklahoma 73064
9. Except as herein otherwise provided, this Assignment will be binding upon and
inure to the benefit of the Parties and their respective successors and assigns.
10. Assignee shall cause this Assignment to be filed of record at Assignee's expense in
the Real Property Records for Tarrant County, Texas.
11. The Certificate of Insurance for the Assignor attached as Exhibit "B" to the
Encroachment Agreement is hereby deleted and replaced with the attached Certificate of Insurance
from the Assignee as "Exhibit B, Revised."
12. All terms and conditions of the Encroachment Agreement not amended herein
remain unaffected and in full force and effect, are binding on the Parties, and are hereby ratified
by the Parties. Capitalized terms not defined herein shall have meanings assigned to them in the
Encroachment Agreement.
13. This Assignment may be executed in multiple counterparts, each of which shall be
deemed an original, and all of which, when taken together, shall constitute one and the same
document which may be evidenced by one counterpart.
[SIGNATURES APPEAR ON FOLLOWING PAGES]
Encroachment Assignment Agreement Page 3 of 9
Rev 12/2022
ASSIGNOR:
Jefferson Oakhurst Scenic, LLC
a Delaware limited liability company
By: nn II
Name: LW�
Title:C
Date:
STATE OF §
COUNTY OMS §
BEFORE ME, the undersign authoriil�y Notary P�bl'cl in and for�the Stat of , on
this day personally appeared f�j�,� I�.i.�,j�,Ea1,i? �, . k own tome to
be the person whose name is subscribed to the fo� going instrument, and cknowledged to me
that he or she executed the same for the purposes and consideration therein expressed, as the act
and deed of Jefferson Oakhurst Scenic, LLC, a Delaware limited liability company, and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this r - day of
�ev iwcv , 20-2q
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;?"�•r`''S%:
KAWSSANOELLE H/iRDING
Encroachment Assignment Agreement Page 4 of 9
Rev ] 2/2022
ASSIGNEE:
Luxia River East, LLC
a Delaware limited liability company
by: Schuminsky Multifamily, LLC
a D=Ire limited liability company
tainLy member
Name: Mark McDowell
Title: Vice President
Date: February 19, 2024
STATE OF OKLAHOMA §
COUNTY OF CANADIAN §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Oklahoma, on
this day personally appeared Mark McDowell, Vice President (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
Luxia River East, LLC, a Delaware limited liability company
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
20
•�`(Jr jiOTARj' NI
" 0= oa `
P
.. �. o�narlr = e'
Notary Public in and for the State of Oklahoma "''4OF,°,X',;A°°`'
Encroachment Assignment Agreement
tq4- day of
Page 5 of 9
Rev 12/2022
APPROVED AS TO FORM AND
LEGALITY:
Jeremy Anato-Mensah, Assistant City Attorney
City Attorney's Office
Date: M a r 20, 2024
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ATTEST: �aaa °r°°°°°°5°pa
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Jannette Goodall
City Secretary
(M&C not Required)
Date: Mar 20, 2024
CITY OF FORT WORTH
DaG m ,7. tfavl-eU
Dalton J. Harrell (Mar 20, 202413:06 CDT)
DJHarrell, Director
Development ,Services Department
Date: Mar 20, 2024
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
reporting requirements.
Rebecca Diane Owen (Mar 20, 202412:48 CDT)
Rebecca Owen
Development Manager
Date: Mar 20, 2024
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Encroachment Assignment Agreement Page b of 9
Rev 12/2022
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on the 20th day of March 20 24by 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.
L BEp,RpSLEE
D
I( Pe`J WENNotarpublc
i
y AS
OF TEX
° * STATE 13323719 3
Q Notary I •EXp. }uly 28, 2025
I �9rE OF} fJIY Comm • - -
y -
Cif/k�RL�
Notary Public, State of Texas
Encroachment Assignment Agreement
Page 7 of 9
Rev 12/2022
EXHIBIT A
ORIGINAL AGREEMENT WITH ATTACHED EXHIBITS
Encroachment Assignment Agreement Page 8 of 9
Rev 1212022
PN 18-00169
CITY SECRETARY
CONTRACT NO. T a P-7 a
PUBLIC RIGHT-OF-WAY ENCROACHMENT LICENSE AGREEMENT
COAIAIER021 r
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 Department Director, and Jefferson Oakhurst Scenic, LLC,
a Delaware Iimited liability company ("Licensee"), owner of the real property located
at NEC of Belknap and Oakhurst, NWC of Gillis and Juanita, Foil Worth, Texas
76111 ("Property"), acting by and through its duly authorized Senior 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 A" and incorporated herein for all
purposes; and
WHEREAS, the City has a street, alley, sidewalk, and/or other public right-of-
way (individually or collectively, the "Public Right -of -Way") adjacent to the Property as
shown on the map attached to this Agreement as "Exhibit B," which is incorporated
herein for all purposes; and
WHEREAS, Licensee desires to construct/place and maintain certain
improvements which will encroach in, on, above, or below the Public Right -of -Way; and
WHEREAS, to accommodate the needs of the Licensee, the City will allow the
encroachfnent 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 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 Public Right -of -Way as described in and at the location
shown on Exhibit B, but only to the extent shown thereon, for the purpose of installing a
private storm pipe (the "Encroachment"). Upon completion of the Encroachment,
Licensee agrees to be responsible for maintaining the Encroachment within the Public
Right -of -Way. Licensee shall not expand or otheiuise cause the Encroachment to further
infringe in or on the Public Right -of -Way beyond what is specifically described in the
h. exhibit(s) attached hereto.
Jn'Pnk ROW Encroachment Agreement -Commercial Page 1 of 12
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9
All construction, .maintenance, or operation in connection with such
Encroachment, use, or 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 the securing the approval and consent of
the appropriate utility companies and agencies of the State of Texas 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 City an
additional amount equal to such additional cost as 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 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 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 Public Right -of -Way 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
ROW Encroachment Agreement -Commercial Page 2 of 12
Revised 12/2018
restore the Public Right -of -Way, licensee hereby gives 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.
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 in the sum
of Five Hundred Dollars ($500.00). Additionally, Licensee agrees to pay a fee in the
amount of $1.44 per square/linear foot of the encroachment area upon execution of this
Agreement and annually thereafter,
7.
The term of this Agreement shall be for thirty (30) years, commencing on the
date this Agreement is executed by 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 Public
Right -of -Way to be used and encroached upon is held by City as trustee for the public;
that City exercises such powers over the Public Right -of -Way 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 Public Right -of -Way
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 Public Right -of -Way to be used for any other public purpose,
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.
ROW Encroachment Agreement -Commercial Page 3 of 12
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9.
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 ALLEGED 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 is 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 C" 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
ROW Encroachment Agreement -Commercial Page 4 of 12
Revised 12/2018
restoration of the Public Right -of -Way. All insurance coverage rewired herein shall
include coverage of all Licensee's contractors and subcontractors.
11.
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,
13.
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.
U
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 Public Right -of -Way and is not a conveyance of any right, title, or interest in or to the
Public Right -of -Way, 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.
ROW Encroachment Agreement -Commercial Page 5 of 12
Revised 12/2018
16.
In any action brought by the City for the enforcement of the obligations of the
Licensee, City shall be entitled to recover interest and reasonable attorneys' fees,
17.
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) clays 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]
ROW Encroachment Agreement -Commercial Page 6 of 12
Revised 12/2018
City:
CITY OF FORT WORT
By: °
Randle Harwoi, Director
Planning & Develop ent
Date: /44
4 r
ATTEST: '
ity Secre aiy
A'_
ROW Encroachment Agreement -Commercial
Licensee:
,Jefferson Oakhurst Scenic, LLC
a Delaware LIMI' l. rbilily my
By: ✓
r -3
Name: Matt Brendel
Title: S7(�
Vic President
Date: �9
Approve - s To Form and Legality
Trey Qua k
Assistant City Attorney
Contract Compliance Manager:
By signing 1 acknowledge that i am the person
responsible For the monitoring and administration
of this contract, including ensuring al I performance
and reporting requirements.
f �
Janie S. Morales
[/ velopment Manager
Page 7 of 12
Revised 12/2018
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 Randle Harwood, 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 thisLL_day of
201t
ram- _
�..�� P)th
Notai ublic in ande S a o�
y
After recording return to:
Planning & Development
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
ROW Encroachment Agreement -Commercial
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Page 8 of 12
Revised 12/2018
STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
(� on this day personally appeared Matt Brendel, Senior Vice President,
(Title) known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that lie or she executed the same for the purposes
and consideration therein expressed, as the act and deed of Jefferson Oakhurst Scenic,
LLC, a Delaware limited liability company (entity type), and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ��r��day ofrj ,
20 10 .
Notary Public in and for the
State of
ROW Encroachment Agreement-Conirnercial
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February 7. 2022
Page 4 of 12
Revised 12/2018
EXHIBIT A
Legal Description of JPI Property
LOT AR, McGINNIS TRACT
and
LOT 3R, BLOCK 2, CLIFF ADDITION
an addition to the City of Fort Worth, Tarrant County, Texas and being a replat of
all of Lot A, McGINNIS TRACT, an addition to the City of Fort Worth, Tarrant
County, Texas, according to the plat thereof recorded in Volume 388-47, Page 899,
Plat Records, Tarrant County, Texas, all of Lots 3 and 4, Block 1, and Lots 3
through 16 and 19 through 24, Block 2, CLIFF ADDITION, an addition to the City
of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in
Volume 490, Page 547, Plat Records, Tarrant County, Texas all of Lots 7 through
14, Block 1, AKERS & AIKMAN SUBDIVISIONS, an addition to the City of Fort
Worth, Tarrant County, Texas, according to the plat thereof recorded in Volume
310, Page 24, Plat Records, Tarrant County, Texas, all of Juanita Street
abandonment, according to City Ordinance No. 23363-08-2018 all of Marshall
Avenue abandonment, according to City Ordinance No. 23363-08-2018 all of East
Belknap Street abandonment, according to City Ordinance No. 23363-08-2018
and being a part of the JOHN LITTLE SURVEY, Abstract No. 958, Tarrant
County, Texas.
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EXHIBIT B
Encroachment Exhibits and Metes and Bounds Legal Description of the
encroachments
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LEGAL DESCRIPTION
RIGHT-OF-WAY ENCROACHMENT
BEING a 1,260 square foot (0,0287 acre) tract of land situated In the John Little Survey, Abstract No, 958, City of
Fort Worth, Tarrant County, Texas; said tract being part of Gillis Street (a 50' right-of-way);
COMMENCING at a 5/8" Iron rod with red "KHA" cap found In the north line of said Gillis Street; said point being the
most southerly southwest corner of Lot 3R, Block 2, Cliff Addition, an addition to the City of Fort Worth according to
the plat as recorded in Instrument No. 0219057438 of the said Official Public Records of Tarrant County, Texas;
THENCE N 89"49'42" E, along the said north One of Gillis Street, a distance of 25.63 feet to the POINT OF
BEGINNING;
THENCE N 89049'42" E, continuing along the said north line of Gillis Street, a distance of 25,00 feet to a point for
corner; from said point a 112" iron rod found at the intersection of the said north line of Gillis Street and the west
right-of-way line of Juanita Street (a variable width right-of-way) bears N 89e49'42" E, a distance of 99.34 feet;
THENCE &001018" E, departing the said north line of Gillis Street, a distance of 50.00 feet to a point for corner In
the south line of said Gillis Street;
THENCE S 89049'42" W, along the said south line of Gillis Street, a distance of 25.00 feet to a point for corner;
THENCE N 0e10'18" W, departing the said south line of Gillis Street, a distance of 50.00 feet to the POINT OF
BEGINNING and containing 1,250 square feet or 0,0287 acres of land, more or less.
NOTES
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202), with
an applied combined scale factor at 1.00012.
A survey plat of even survey date herewith accompanies this metes & bounds description.
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately
sets out the metes and bounds of the encroachment tract.
EXHIBIT "B"
RIGHT-OF-WAY ENCROACHMENT
JOHN LITTLE SURVEY,
ABSTRACT NO. 958
/MICHAEL
co
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C. BILLINGSLEY
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CITY OF FORT WORTH,
REGISTERED PROFESSIONAL
MICHAEI. CLEO BILLINGSLEY
TARRANT COUNTY, TEXAS
LANs] SURVEYOR NO, 6568
801 CHERRY STREET,
'� 6558
UNIT 11 SUITE 1300
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FORT WORTH, TEXAS 76102
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0FF2TH LINE TABLE
NO. BEARING LENGTH
10 20
L1 N89'49'42"E 26.00=
GRAPHIC SCALE IN FEET L2 $00'10'18"E 60.00'
L9 889'49'42"W 25,00,
I L4 N00'10'18"W 50,00'
618' CIRF "KHA" P.O.B.
{C,M.) 1
,� ...� III �_ .. ..•..-- �. ...�
26,63'
N89'49'42"E
P.Q.C. \
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LEGEND
P.O,C. POINT OF COMMENCING
P,O,B, POINT OF BEGINNING
C,M, = CONTROLLING MONUMENT
CIRF = CAPPED IRON ROD FOUND
IRF = IRON ROD FOUND
NOTES
11
I
I
LOT 3R, BLOCK 2
LIJ
CLIFF ADDITION
LIJ
(INST. NO. D219057438)
JEFFERSON OAKHURST I
SCENIC, LLC
I
(INST. NO, D218235093)
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N89'49'42"E 99� 34'
11z"IRF �
RIGHT-OF-WAY
ENCROACHMENT
0.0287 ACRES
1,250 SQ. FT.
GILLIS STREET
0V PUBLIC RIGHT -OF -WRY}
LOT AR
McGINNIS TRACT
(INST. NO. D219057438)
JEFFERSON OAKHURST SCENIC, LLC
(INST NO. D218236093)
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202), with
an applied combined scale factor at 1.00012,
A metes and bounds description of even survey date herewith accompanies this survey plat.
The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey plat accurately sets out the
metes and bounds of the encroachment tract.
EXHIBIT "B"
RIGHT-OF-WAY ENCROACHMENT
VBILLINGSLEY
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JOHN LITTLE SURVEY,
zi�/� �,tisTABSTRACT
�ICHA:E
NO. 958
C.
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CITY OF FORT WORTH,
REGISTERED PROFESSIONAL
MICHAEL Ct.EO BILI.INGSLEY
TARRANT COUNTY, TEXAS
LAND SURVEYOR NO. 6668
CHERRY STREET,
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° 6558 �•
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EXHIBIT B, REVISED
CERTIFICATE OF INSURANCE
Encroachment Assignment Agreement Page 9 of 9
Rev 12i2422