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HomeMy WebLinkAboutContract 58639-CA1Date Received: July 24, 2024 Time Received: 3:3o pm Record Number: PN24-00116 ----------City Secretary Number: 58639-CAl ASSIGNMENT AND CONSENT OF ENCROACHMENT AGREEMENT City Secretary Contract No. 58639 THIS ASSIGNMENT OF ENCROACHMENT AGREEMENT ("Assignment") is made and entered into as of this� day of July 2024, by and between the CITY OF FORT WORTH, a Texas home-rule municipal corporation ("City"), Noble Avondale, LLC, a limited liability company, ("Assignor"), and Farley-Weatherred Family 2, LLC, a limited liability company ("Assignee"). Sometimes herein City, Assignor, or Assignee may also be referred to individually as a "Party" or collectively as the "Parties." WI T NE S S E T H: WHEREAS, the City entered into an Encroachment Agreement, City Secretary Contract No. 58639 (the "Encroachment Agreement"), on the 19th day of December, 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 easement 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 22nd day of December, 2022, as Instrument No. D222292549 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. 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. Encroachment Assignment Agreement Page 1 of9 Rev 12/2022 Assignee has the full right, power, and authority to enter into this Assignment, to make the representations set forth herein, and to carry out Assignee's obligations hereunder. 4. The effective date of this Assignment shall be the date of its execution by the City (the "Effective Date"). All rights, duties, and obligations under the Encroachment Agreement arising, accruing, or relating to the period before the Effective Date are allocated to Assignor, and all rights, duties, and obligations arising, accruing, or relating to the period thereafter shall be allocated to Assignee. 5. Except as otherwise expressly set forth in this Assignment, Assignor will be discharged from any and all further obligations under the Encroachment Agreement as of the Effective Date. 6. Assignor represents, warrants, and covenants with City and Assignee that as of the Effective Date, Assignor is not in default of any of its obligations contained in the Encroachment Agreement. 7. City hereby consents to this Assignment upon the terms and conditions set forth herein. Unless and until City has executed this Assignment, it is of no effect. The consent granted herein should not be construed as consent to any further assignments. The failure or delay of City in seeking to enforce any provision of the Encroachment Agreement or this Assignment shall not be deemed a waiver of rights or remedies that City may have or a waiver of any subsequent breach of the terms and provisions therein or herein contained. 8. Any notice given by any Party to another Party must be in writing and shall be effective upon receipt when (i) sent by U.S. mail with proper postage, certified mail return receipt requested, or by a nationally recognized overnight delivery service, and (ii) addressed to the other Party at the address set out below or at such other address as the receiving Party designates by proper notice to the sending Party. City Development Services Department 200 Texas Street Fort Worth TX 76102 Attention: Director Assi�nor Noble Avondale, LLC 4619 Insurance Lane Dallas, TX 75205 Attn: Waylon Longino Encroachment Assignment Agreement Page 2 of 9 Rev 12/2022 Assi _�nee Farley-Weatherred Family 2, LLC 5818 Velasco Avenue Dallas, TX 75206 Attn: Patrick Farley 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 ASSIGNEE: Farkev-Weatlterrecf Faunily 2, LLC a Texas �imited liability company By. • Narrie: Patrick Farley Title: N'�ar�agcr oate: 7 - Z -Z--y STATE OF ���-� � COUtiTY OF�'� ��� § BEFORE ME, the undersi�ned autliority, a Notary �ublic i�� and for the State of 1��'`"� , on this day personally appeared Patrick Farley, Ma�iager I;nown to me to be tL�e person whase name is subscribed to the foregoin� instn�ment, and acknowledged to me tflat he or s��e executed tEle sa�ne far the purposes and consideration tltierein e�pressed, as the act and deed of Farley-Weatherred Family 2, LLC, a Texas li�r�ited liabiiity company, and in the eapacity therein stated. GIVEN UND�R MY HAND AND S�AL OF OFFICE this J�� , . 2a24. «,,,,,.,��„�,,,,. •��s.t�� � H OMAS,,,�. � '� : Pp.�I P Ue • 02's 2?� 0 `'� �; = _ °z cl�, ¢ •` - � �,h: co � r°o���(-A� 3 8�°�� ��.�ry - ''-�,, �RES Oa��,,,••'. �f �e�u�nui���yyN /' - —�- —. -- Natary Public in and for the j.c� Encroachment Assignment A�reement � � day of E'ake S of 9 tte..� i � �o�� :1SSIGNOR: \oble ,4vondale, LLC a Texas limited liability compan}' j � - Bv: l i� �_ Name: VVaylon l.ongino 1'itle: i�'[ana�cr Date: �T - �- O� y STATE OF ��](f�� § COUNTY OF �LC. § BEFORE ME, the undersigned authority, a Notary Public in and for the State of �� . on this day personally appeared Waylan Lon�;ino, Maraager 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 far the purposes and consideration therein expressed as the act and deed of Noble Avondale, LLC, a"Texas limited liabitity company, and in the capacity therein stated. GIVEN UNDER MY HAND ANll SEAL Oi� OPFICE this -!�h day of � , 2024. ' �' ' �o��yivp�o,, CYNTHIA LAPPO No ry Pub �c in an or th ,�. :��: Notery PuDlic, scate of T•xa, State of _���� =`���'�� Comm. Exp�res o8-02-2028 ��'�%�,°;,�`:��� Notary ID 131668621 I;ncrc�achiner�t Assi�:nment A�;rcement t'age 4 uf 9 ltcv l'l�l)22 State of ----- APPROVED AS TO FORM AND LEGALITY: CITY OF FORT WORTH DJ Harrell, Director Jeremy Anato-Mensah, Assistant City Attorney City Attorney's Office Development Services Department Date: Jul22,2024 Date: Jul22,2024 -------------------------- ATTES1:: JS. rA :z:,-Oi,oQ Jannette Goodall City Secretary (M&C not Required) Date: Jul 24, 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 and reporting requirements. Rebec;c;q Diane Owen Rebecca Diane Owen (Jul 22, 2024 08:50 CDT) Rebecca Owen Development Services Manager Date: Jul22,2024 ----------------- Encroachment Assignment Agreement Page 6 of9 Rev 12/2022 STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged befare me on _�ulythe22nd , 2024 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. o,�p,RY/'ve, WENDY L BEARDSLEE _ q � Notary Public * �f7 + STATE OF TEXAS NT Gt Q Notary I.D. 13323719-3 9�F�Fj�+ My Comm. Exp. July 28, 2025 Encroachment Assignment Agreement ������� �� ����� Notary Public, State of Texas Page 7 of 9 Rev 12/2022 EXHIBIT A ORIGINAL AGREEMENT WITH ATTACHED EXHIBITS Encroachment Assignment Agreement Page 8 of 9 Rev 12/2022 D222292549 12/22/2022 08:32 AM Page: 1 of 18 Fee: $87.00 Submitter: COFW CFA OFFICE Electronically Recorded by Tarrant County Clerk in Official Public Records -�,�� MARY LOUISE NICHOLSON COUNTY CLERK Date Received: 12/20/2022 Record Number: PN22-00149 Time Received: 4:18 p.m. City Secretary No.: 58639 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER II 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 Director of the Development Services Department, and Noble Avondale, LLC, a(n) a Texas limited liability company ("Licensee"), acting by and through its duly authorized Manager. RECITALS WHEREAS, Licensee is the owner of the real property located at 13040 Saginaw Boulevard, Fort Worth, Texas 76179 ("Property"), being more particularly described in the attached Exhibit "A" which is incorporated herein for all purposes; and WHEREAS, the City owns a water and sanitary sewer easements (the "Public Property") adjacent to the Property as shown in the attached Exhibit "B," which is incorporated herein for all purposes, and as recorded in the plat records of Tarrant County as plat number FP17-080; and WHEREAS, Licensee desires to construct, place, and maintain certain improvements which will encroach in, on, above, or below the Public Property; 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 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 accupy a portion of the City's Public Property as described in and at the location shawn on Exhibit "C," but only to the extent shawn thereon, for the purpose of constructing, installing, and maintaining a private storm drain (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within the Public Property. Licensee shall not expand or otherwise cause Tier 11 Easement Encroachment Agreement Page 1 of 13 Revised 11/2020 D222292549 the Encroachment to further infringe in or on the Public Property beyond what is specifically described in Exhibit "C." 2. All canstruction, installation, maintenance, and operation of the Encroachment and the use or occupancy of the Public Praperry shall comply with and be performed in strict compliance with this Agreement and with the charter, ordinances, codes, and policies of the City. Prior to the construction or installation of the Encroachment, Licensee shall submit all plans and specifications to the Director of the Development Services Department or duly authorized representative. Licensee shall not commence construction or installation of the Encroachment nor make any use of the Public Property until after the execution of this Agreement. 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 and the use and occupancy of the Public Property, 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 canstructed by or on behalf of the public ar at public expense is made more costly by virtue of the construction, maintenance, or existence of the Encroachment and use of Public Properly, Licensee shall pay to City an additional amount equal to such additional cast as determined by the Director of Transportation and Public Works, the Directar of the Water Department, the Director of the Development Services Department, or their duly authorized representative. 4. Licensee agrees that City may enter and utilize the Public Property at any time for any public purpose, including installing, repairing, replacing, or maintaining improvements to its public facilities or utilities necessary for the health, safety, and welfare of the public. The City shall have no responsibility or liability for any damages related to the Encroachment resulting fram the City's use of the Public Property; however, the City shall make reasonable effarts 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 Property to a candition acceptable to the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department or their Page 2 of 18 Tier II Easement Encroachment Agreement Page 2 of 13 Revised 11/2020 D222292549 duly authorized representative. Any such removal of the Encroachment shall be in accordance with then-existing City regulations and policies. It is understood and agreed to by Licensee that if this Agreement terminates and Licensee fails to remove the Encroachment and restore the Public Property, Licensee hereby gives City permission to remove the Encroachment and any supporting structures from the Public Properry, to restore the Public Property, and to 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 Encroachment and use of Public Properiy as 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 Seven Hundred Dollars ($700.00). 7. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreezxient is executed by City. However, the City may terminate this Agreement upon Licensee's noncompliance with any of the terms of this Agreement. City shall notify Licensee in writing of any such noncompliance and if Licensee does not cure the noncompliance within thirly (3d) days of notice from City, the City may terminate this Agreement. However, the City may, at its sole option, allow the Agreement ta remain in effect so long as Licensee has taken reasonable measures to cure the noncompliance or is continuing to diligently attempt to remedy the noncompliance. : It is further understood and agreed between the parties hereto that the Public Property to be used and encroached upon is held by City as trustee for the public; that City exercises such powers over the Public Property as have been delegated to it by the Canstitution 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 Property 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 detertnine in its sole discretion to use or cause or permit the Public Properiy to be used for any other public purpose, including but not being limited to underground, surface, or overhead communication, drainage, sanitary sewerage, transnnission 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 both the Encroachment and the public purpose. 9. Tier I1 Easement Encroachment Agreement Page 3 of 13 Revised 1 1/2020 Page 3 of 18 D222292549 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 PERS�NAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARA,CTER, 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 liabiliry insurance covering all public risks related to the praposed use and occupancy of public property as located and described in Exhibit "C." 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 "D" and incorporated herein for all purposes. 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 restoration of the Public Properry. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. 11. Tier II Easement Encroachment Agreement Page 4 of 13 Revised 11/2020 Page 4 of 18 D222292549 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 the county in which the Encroachment is located. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. E�� 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 use of the Public Property. 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. 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 responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, Iicensees, 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 canstrued 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 Property and is not a conveyance of any right, title, or interest in or to the Public Property, nor is it meant to convey any right to use ar occupy property in which a third-party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. 1 b. In any action brought by the Ciry for the enforcement of the obligations of the Licensee, City shall be entitled to recover interest and reasonable attorneys' fees. Page 5 of 18 Tier I1 Easement Encroachment Agreement Page 5 of 13 Revised 11 /2020 D222292549 17. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. �E;� 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 Properiy, 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 vvriting 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 ar assignment to any secured lender of Licensee shali be effective as to City unless and until written notice of such foreclosure or assignment is provided to City. 1.9. Any cause of action for breach af 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] Tier II Easement Encroachment Agreement Page 6 of 13 Revised 11/2020 Page 6 of 18 D222292549 e�ty: CITY OF FORT WORTH .,�-��. �V: DJ H�rryll (Dec 19, 202214:14 CSTI J D.J. Harrell, Director of the Development Services Department Date: Dec 19, 2022 Licensee: Noble Avondale, LLC A Texas limited liabil' � company By: � Name: ylon Longino Title: Manager Date: ������� By: Name: Title: Date: ATTEST: s ����� J netleS.Goodall�Det2U,2U2216� CSTi Jannette Goodall, City Secretary Date: Dec 20, 2022 Approved As To Form and Legality t/�s�- - � � ��ti— -�_----� Thomas Royce Hansen Assistant City Attorney Date: Dec 19, 2022 Page 7 of 18 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this cantract, including ensuring all performance and reporting requirements. Rebecc� Diane owen Rebecca Diane Ovaen (Dec 19, 2022 13:19 CST) Rebecca Owens Development Services Tier I1 Easement Encroachment Agreement Date Dec 19, 2022 Page 7 of 13 Revised 11 /2020 D222292549 STATE OF TEXAS § COUNTY OF TARRANT § Page 8 of 18 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 LJNDER MY HAND AND SEAL OF OFFICE this 19th day of De craber , 2p22 Wendy L. Digitallysignedby Wendy L. Beardslee Bea rd s I ee Date: 2022.12.19 15:11:21 -06'00' Notary Public in and for the State of Texas After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 Tier II Easement Encroachment Agreement p,RY pU WENDY L BEARDSLEE � , °�% Notary Public � * STATE OF TEXAS �� Notary I.D. 13323719-3 TFOF�� Mv Comm. Exa. Julv 28, 2025 Page 8 of 13 Revised 11 /2020 D222292549 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of , on this day personally appeared Waylon Longino, Manager (Title) 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 Noble Avondale, LLC, a Texas limited liability company (entity type), and in the capacity therein stated. GIVEN LTNDER MY HAND AND SEAL OF OFFICE this �Z� day of D� , , 20 22 . �.�� 1 r�ci:S��! � � �a����: � • . � � � � State of �_ _ Tier II Easement Encroachment Agreement 6�' _ Llr: �` � Ds� EO'r"G� t..'_�,+�, Nol�rylD11951Z1-4 ��_! -y�- �3y irly Corrm�s;inn Expires `��--,� a• �"uy 22, 2024 '�+�:�;-�+r Page 9 of 13 Revised 11/2020 Page 9 of 18 D222292549 EXHIBIT A Legal Description af the Licensee's Property Lot 6, Block 1, of Lot 17, Block 1, of Lots 2 Thru 7, Block 1, Hunter Crossroads Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the map or plat thereof recorded in Instrument No. D218061704, Real Property Records of Tarrant County, Texas, Tier Il Easement Encroachment Agreement Page 10 of 13 Revised 11l2020 Page 10 of 18 D222292549 Page 11 of 18 tnp Q ��, �r� .` � �'+- � _, `,� f� TEXAN � �i I ti + � � O , Z �•—•—•—•—•� \ L _ .\ TARRANT r�-� , �, � � �� r� �� �� � �'' I � �� � `��`. �.. +T .../ ��� 1 f� ,, � � � --------�------_-� 'v �. �� i I r� z �\\ - �1 � � �� � `� � CI TY OF \�� '� } \ ti � � � FORT WORTH ,�� i+z m S �` i � w I = Q u� — � � z W � -. z - I O C� � _ � Z Q � . Cn m �-�-�-�-� �-�---�_. CI TY �I M I T LI N E---�---�- _;` �z ��. o i � � TARRANT � -� COUNTY �� �� 1 m TINSLEY -i-- rt Y�, ,- ,- ,`.'���'�.Pi �Y E' �•.�� , _.� r_:,-,. Chipotle at Hunter Crossroads Vicinity Map October 12, 2022 D222292549 EXHIBIT B Depiction of the Public Property Tier [1 Easement Encroachment Agreement Page I I of 13 Revised I Ii3030 Page 12 of 18 D222292549 Paae 13 of 18 � , a� -�-��~ ! � . � .... _ _ �i ;' �� J�., � � - - ---. _ • ,. i � �q i � i' .. �D _ _ - - ------ - - - _ '.. � �� ; ' !" ' d _' T . ' __ _ _ - — _ "—_ _ <,y,, � �i, i < ; � o — �' �,�.^. 6 m . . � ' �0�:� � � . . : r-�. '� 1- i � ,�;'� - - --�- �-' :-�-'- E Y A R D �. � '-..�.� ��.' �:� }.j�" -- i. —,_ gAGINA�► BHfUL IfAy 287) .. , r . i }-'.� G H �, fiLa� �� (U. S. B USINSSS . . , ' � �'� T ? i �' : � � �' I �; � , ���', �'° } � � T . �� i � -`--- — - ' }?! , . . li �x 'r' .'�M1i ��' � b _.�. 9�� a s� �^ I " _' � ,...i�i�.'... . ' , . 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'7 �� ��i�' y! �n ^ -� 3� � � I rZ�� >' � t�a � � . - �� 3 _ � i " -� _ -: � � �� r� z.�_ '. r�nx 4 a a s3 z Jat �� t_ �.� �� 3 _ 3 qa �' ic� ;� ag §� �Y� 'W :i� K �i D _ S 1 e� � f��7 �c � ; s _ � � � � � i s� i p 7 " �� ;; r� , � � >f � _ � ' , 5 , , ' � . 3 4 5 ��' a � ,i� ,,, x,. `~� � � - 's; � � , a �, z f s � 1 -t j_ _ 3. � � i;� .. i: 1 � i ; � �t - �� �i � _ � i 7 f � �-.- i T � 'F�7' �; 0 t'F � '" i z i t�'� � ° i� ; , i j s �� ` � j91 = z a,, - � - r: ,_; , � ; z ., � � '= .�.�- D222292549 EXHIBIT C Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page 12 of ]3 Revised 11/2020 Page 14 of 18 D222292549 Page 15 of 18 :�:� t ` `�.�,;�'' a, 0 � ,� �� R. ,` �„ � �d � �� �l � r Ll � SA WCUT REMOIiE � - � REPLACE CONC� PA IiEMENT � ' i 12" �l2. T/P= 809.45� ' 12" S�r�� � ' I , J � � � J ' , � `�_ .. _ �lllll!1L ll i� 1__ _ — -�i-'�C_� _ ' — � ` o�-� , - ' _ - _ � _ ' - � i =-- - -- , 8" 55 F/L= 807.07f rz" so F� 8». �4 ' < __--?�-�ii.+ ='`�.-- - - �`"18;' �'OPE � �IM,' LINE 'A' - =�_-- - - -. _ _. _. �- . �,� � �-�_ ;�;,�,�,�, s_—�-- ,_ _ � �W;�,=,-� ��. •` �1ll�� _---- —�— �"' WATER :. _ I 8LO Ti ;> �. —� �-� ,,:_ � I ,,�„�r, E5M".+`. ! /I F i 71 HUN� 51A9 L1Nt A � �.. �� � STA l+lZt�� STM LINE �' ' ` 3'x3 c� rcN a,asiry i �� I�� � I ��Gf�A TE II�LE� , 1'!1 E N i 7 1� N P E p � ' _.. I —8EG — ,� . _ ._. — � '� N 7036903.96 I� "___ �I_ /�LLJ�V/.� — —:]�,�a111C SCALE � i ia o _ in �;s , � �=� 820 _� S�N1_L1N� ' _A'� _ � �i--PRO� 38„-l-f6P�C� 1,�Oc79" � — — f i � � _ _�_i �__ i � ,, ,_-- _�� - - - , .� , . -- APPROX LOCATIDN OF ' i � ~ 36" NDPE — — _ I � �, I - � $10 ',- � �� � p I % 1 �� ~� �� ��,� �� :� � f �� II 3Cl bYATER 3c _ . _�� , ` i�;r�_ •�i �'r .— . . . .. i J E � L � L J V/ / + .. —. —, .. . . ._ I" _ _ .. I - � �� � A ,i i � �� 814 � � �, � i � - - I-- — I�IxrsT-s" ss � - — �! . � Q j � ' Q � I, � j ' f -- � ? i- 4 _.. — ...: , � �, � � � � � � _ EXIST �12" WTR � � w W �;,��'i -� � �- � .._� � �s�� - �� . .� � - � � � � ..—.Fu. -�Z � ,_ � �-..� ; Oo � � ^ ^ � � � W O � . �_� W � � uj N.� _. i ! _. _ O�� �� Zop^.� �I , Q �Z; � � �C� �'V- �.� . � �� 4�� �n �"��W �41. ��\. _ I - . . ..,_ �' , y �oo � +80 Chipotle at Hunter Crossroads Water & Sewer Easement Encroachment Exhibit October 12, 2022 D222292549 EXHIBIT `�A" "CROSSING EXHIBIT" BEING 90 syuare feet of land situated in Lat b, Block l, Hunter Crossroads Addition, an addition to the City of Fort Worth, Tarrant County, Texas, filed in County Clerk's (C.C.) #DZ 18061704, Plat Records of Tarrant County, Texas (P.R.T.C.T.), and being a portion of a tract of land described in deed to Noble Avondale, LLC, a Texas limited partnership, according to the deed filed in C.C. #D222113687, Deed Records of Tarrant County, Texas (D.R.T.C.T.); and being more particularly described by metes and bounds as follows: COMMENCING at an "X" cut found at the southwest corner of said Lot 6, also being the most westerly northwest corner of the remainder of a tract of land described in deed as Tract IV, in the deed conveyed to Hunter Crossroads, L.P., a Texas limited partnership, according to the deed filed in C.C. #D207294400, D.R.T.C.T., and also being in the east R-O-W tine of Saginaw Boulevard (U.S. Business Highway 287, variable width), from which an "X" cut found in the east R-O-W line of said Saginaw Boulevard at the northwest corner of said Lot 6, also being the southwest corner of Lot 5, of said Block I, bears N OS°O1' 14" E, a distance of 148.00 feet; THENCE S 84°58'40" E, along the south [ine of said Lot 6, and along the most wester]y north line of the remainder of said Tract IV, a distance of 67.58 feet to the southeast carner of a 30' Water & Sewer Easement, as filed in said C.C. #D218061704, P.R.T.C.T.; THENCE N OS°O1'20" E, passing over and across said Lot 6, along the east line of said 30' Water & Sewer Easement, a distance of 46.45 feet to the POINT OF BEGINNING of the hereinafter described tract of land; THENCE N 85°00'00" W, continuing over and across said Lot 6, passing over and across said 30' Water & Sewer Easement, also passing over and across a 24' Public Access Easement, as filed in said C.C. #D218061704, P.R.T.C.T., a distance of 30.00 feet to the west line of said 30' Water & Sewer Easement; THENCE N OS°O1'20" E, continuing over and across said Lot 6, along the west line of said 30' Water & Sewer Easement, a distance of 3.00 feet; THENCE S 85°00'00" E, continuing over and across said Lot 6, passing over and acrass said 30' Water & Sewer Easement, also passing over and across said 24' Public Access Easement, a distance of 30.00 feet to the east line of said 30' Water & Sewer Easement; THENCE S OS°O1'20" W, continuing over and across said Lot 6, along the east line of said 30' Water & Sewer Easement, a distance of 3.00 feet to the POINT OF BEGINNING and containing 90 square feet or 0.002 of an acre of land. Page 16 of 18 Sheet 1 of 3 NBL 22058 D222292549 � date� Nov. 16, 2022 Theron W. ims, R Texas Registration N�o. 5887 Surveyed on ihe ground Oct. 19, 2022 \t:��o r h �� 4 � � SF R ti �. �li E, t f f . y: ¢ � b`.9 ..::................. :.. �o� w s��s ..y......» ............. w.. : � 5887 � ; ! :a�� � o'�r�1/'�� 9 �H MN~• i`J �� SUR`�E. 1. Bearings of lines shown hereon refer to Grid North of the Texas Coordinate System of 1983 (North Central Zone; NAD83 (2011) Epoch 2010) as derived locally from Western Data Systems Continuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK) methods. An average Combination Factor of 1.00012 was used to scale grid coordinates and distances to surface. 2. Integral parts of this survey: a. Legal Description b. Sketch Page 17 of 18 Sheet 2 of 3 NBL 22058 D222292549 Page 18 of 18 � � f � � � � � � w � o w � (� � a � ? c � � � � � �cv.��. @ 3 � � s _ �,s�� Q av �a � Q °' '�p rt v � w y N ,� Q. � � �r o v W c. � � v V � � f.11 Q Q� O �• O x Q H 0 O� O C7 D r frl n �� �oo ti ��� y� O O � � � 1 � �; cn � 3� � WATER & �_ � _� SFWE'R ESM'r � � 1 � c. c.. �02 r �� m .� 63199 � D. R. T, �, � � � � � � ' l , � � ,--'' W � �c n � . � 0 �ti� ti � n n V � ��� N� � A � �1 � � � � � ��� c.n O � � O � 0 � r N U � � � w �l 41 'v f�l � CC � a ca' � c Q, �_ �r1 � .T oa O"�--�] � A� 4�1 � � p o �' � �r Q o. ^�'�'n.� � � .. "�1 w °- o' -°'� � � � onOa p � � � ro �' � n ,r7 l:d X � � O ��ox n�� ��x :� � � " d � � p � O o� -� � O � N � � �R l 1 � 0 � H � � � ��.�{ W I� N o '� yZ�i O0� O ��o ^ 2 Z ` 1 �, o ��� — � � � L/1 � � � � � 0 � � `� o � 2 n�'� �p .n � � O � � O �nv2� �~,�p0 � C� O , � � o� � !� C � �, ,D. � a� ��{�'O�Sr� o`,'oa:�:.�Fcc, �r : cn:^� �.z: u�: C ,tn oo � • � ~�� A:U' �:�' ^�. L- ; p -L : :�n. �; ��A( ��' N ���Sd+� 0 � hz �� �O a N N� N = � � O c � a � �� �� �� � �N � y -. � ~ �' M v � � � � -i .o �.�R��a�e w�vrH R-o-N✓ SAG�NA lP ,&��ULEYA.RD ��l.S. BUS7N�SS #IIGI�` � � 2��} ry C�y C� �3 � ��-� ?zX �� �� � d Q U� cy � b���'I � r�ry tn -+ � i- Q � � �v � � � LIN�"FpR �rn`� o�� �o�b�� OIR£Ci10NA� CpNr�p� o �. I ~� a -��' +���'Di' �' �' � ¢'�� i as a � �' .� .� 1jrr} ► —w ~ �I =— sJ1 � —i— _�� \�`� ' — j��r �--_� ' r� W N05'01'20"E E � � � — — � � 46.45' ~ 1 � � � I C� �� b � � O/� ^� � � � C VJ V, O �i C � T � � �� � ��� ��� n �I n oo n '��j ao �n 'p O "� O] � � Q1 � t7 y � (7 � OV � OV � � ^� c> o r- �, � �, r� ��3'0 �o��o � � 0 � � Z 0 < rn N O N N �►�v"o.� ��v�Zrn � �{ v ���� n���� yw�`� �rna�� � y � O 0 ti �n � Z �� o m= D � �o �z t� G� ? �� �� �� Z � �� tn � � � J ��� Mo � �n���c� a o � y N � q 3 p� p d w�m�roo � w -- � �O���a� 0 o„�°3m: � n �rix �'' m �e � �¢�r��oom x � [➢ N .. �i — =� � Ir � � c � � � � n � h � n n r ���i ��OO �N� Z)0�f.11 n0� 1i�0� �� � �0�1 0?C �� N �� �o� '' v `„1 Z N � 7Cnfn(7.'. '�i r ��°�gm � Qd 3 0'°' � ? W N r m inrm �� ��c?� x � N �= � � �- � m�m ��Nj�� U N � � � C .� � � iA 0 O o�o 0 oZo o � A fp m� O N- � � o o m m �, g a�- m N m a s o � 3 N N o ni O � D � r� '^ �� m Q, � 0 0 0 0 0� � �;� � o � ri ni � Z m � ,o � r�n `�. � � n � w� W o W o m ����'z� O � O � � y� K S� � � � � � am N,.Sm - _ ��,���� EXffiBIT B, REVISED CERTIFICATE OF INSURANCE Encroachment Assignment Agreement Page 9 of 9 Rev 12/2022 �`� �� CERTIFICATE OF LIABILITY INSURANCE I DA06/20/20 4 Y' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Eric Villasana INSURED Trinity Insurance Group 1909 Abrams Parkway Suite B1 Dallas, TX 75214 FARLEY WEATHERRED FAMILY 2, LLC 5818 Velasco Ave Dallas, TX 75206 COVERAGES CERTIFICATE NUMBER: AFFORDING COVERAGE REVISION NUMBER: 214-242-2067 NAIC # THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 7ypE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR IN R WVD POLICY NUMBER MM/DD/YYYY MMIDD/YYYY GENERAL LIABILITY EACH OCCURRENCE $'I OOO OOO X COMMERCIAL GENER4L LIABILITY PREM SES Ea oNcur ence $ � OO,OOO q CLAIMS-MADE X� OCCUR Y N CP 2685211 06/04/2024 06/04/2025 MED EXP (Any one person) $ 5,��� PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 X POLICY PR� LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS PROPERTY DAMAGE $ NON-OWNED Per accident HIRED AUTOS AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY Y � N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? � N � A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Insured Location: 13040 N Saginaw Blvd, Fort Worth, TX 76179 The City of Fort Worth is listed as an additional insured. Please see attached endorsement. City of Fort Worth CFA Office — PN24-00116 200 Texas Street Fort Worth, Texas 76102 PHONE � �� 214956-9499 INSURER B : INSURER D : SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Eric Villasana O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD