HomeMy WebLinkAboutContract 59057-CAEncroachment Assignment Agreement Page 1 of 9
Rev 12/2022
Date Received: _____________________ Record Number: PN25-00015
Time Received: _____________________ City Secretary Number: ______________
ASSIGNMENT AND CONSENT OF ENCROACHMENT AGREEMENT
City Secretary Contract No. 59057
THIS ASSIGNMENT OF ENCROACHMENT AGREEMENT (“Assignment”) is
made and entered into as of this ____ day of ____________, 20___, by and between the CITY
OF FORT WORTH, a Texas home-rule municipal corporation (“City”), ONM SUMMER
CREEK COTTAGES, LLC a Texas limited liability company(“Assignor”),and S-RESI
SUMMER CREEK, 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.”
W I T N E S S E T H:
WHEREAS, the City entered into an Encroachment Agreement, City Secretary Contract
No. 59057 (the “Encroachment Agreement”), on the 14th day of March, 2023, 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 17th day of March, 2023,
as Instrument No. D223044213 in the Real Property Records of Tarrant County, Texas;
WHEREAS, Assignor desires to assign the Encroachment Agreement to Assignee.
A G R E E M E N T:
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 Page 2 of 9
Rev 12/2022
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 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
Assignor
ONM Summer Creek Cottages
801 Cherry St Burnett PLZ STE 2000 Unit_46
Arlington, TX 76102
Encroachment Assignment Agreement Page 3 of 9
Rev 12/2022
Assignee
S-RESI Summer Creek, LLC
4 Embarcadero Center, Suite 3300
San Francisco, CA 94111
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]
ASSIGNOR:
OMN SUMMER CREEK COTTAGES, LLC
a Texas limited liability company
by: ONML Manager, LLC
a Texas limited liability company
its manager
� �
By:
Name: Ty Robinson
Title: President
Date: � i � �'
STATE OF ���m��
��
COUNTY OF � Gt
0
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
�.�i , on this day persanally appeared `'� �b � � �S��a , _ ,�e.� Q� �.
d '
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 ��"� ��°q°��'' ��� `"�`���� a
�+�t°E45 �� °�€�$ ����t 1a � � , and in the capacity therein stated.
GIVEN IINDER MY HAND AND SEAL OF OFFICE this ��—�day of
'��� ---� Zo �� .
� �
Notary blic in and for e
:�`•�YA'"•�;=: JEFF KUNG
:*.�}/�(�y�' *= My Notary ID # 132608640
:mA'- / `l ' f � pC c�{�+ /�np
:1rE•OF �i�•` ��Vaa �V�TI C1e ZUGV
State of ���
Encroachment Assignment Agreement
Page 4 of 9
Rev 12/2022
ASSIGNEE:
S-RESI Summer Creek, LLC
a Delaware limited liability company
by: Stockbridge Residential Solutians Trust
I:
���
Name: �obert Hodge
Title: Authorized Representative
Date: �' — r� � `.�'� S
STATE OF �:sc�i-3
COUNTY OF ��-��
0
0
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
%t� , on this day personally appeared ���-- f�oo��_, ���r2<o%f��r�rSr����:
known to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he ar she executed the same for the purposes and consideration therein
expressed, as the act and deed of s IZt3 f S�+w�/' ��K-,t-�� a
�1��e...��+„� /,Q6r/��' �a� , and il� the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this C� day of
�e,�iw/}2.y , 20 aS`
Notary Public in and for the
State of f L'�'_�
�,►� \ SNANNON L RICHIE
o ��. �
; L �. Notary ID ftt 1771148
.,, ^ My Commission Expires
" o.�" October Z0, 2027
EXECUTED to be effective on the date signed by the City's Director of Development
Services Department
Encroachment Assignment Agreement
Page 5 of 9
Rev ] 2/2022
APPROVED AS TO FORM AND
LEGALITY: 1�
CITY OF FORT WORTH
Dalton Harrellf,tar 5, 2025 12:18 CST)
Hye Won Kim
City Attorney's Office
DJ. Harrell, Director of the
Development Services Department
Date: Date: Mar 5, 2025 --------------------------
ATTEST: r A �
Jannette Goodall
City Secretary
(M&C not Required)
Date: --------
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. 'Rebecca Qwen Rebecca Owen (Mar 5, 2025 11:59 CST)
Rebecca Owen
Development Services Manager
Date: -----------------
Encroachment Assignment Agreement Page 6 of9
Rev 12/2022
'xx:�TI-IIS YAGI: FOR CITY OF FORT WORTH OFFICI: USI: ONLYXXY
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared D. J. Harrell, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same for
the purposes and consideration therein expressed, as the act and deed of the City of Fort Worth,
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 5th day of March
2025.
l�✓��d����r�%s��Q
Notary Public in and for the State of Texas
�,�p,RYP(�e� WENDY L BEARDSLEE
Notary Public
* � * STATE OF TEXAS
``'� ��� � Notary I.D. 13323719-3
9j��F� My Comm. Exp. July 28, 2025
Encroachment Assignment Agreement
Page 7 of 9
Rev 12/2022
EXAIBIT A
ORIGINAL AGREEMENT WITH ATTACFIED EXHIBITS
Encroachment Assignment Agreement Page 8 of 9
Rev 12/2022
D223044213 03/17/2023 02:25 PM Page: 1 of 21 Fee: $99.00 Submitter: COFW CFA OFFICE
Electronically Recorded by Tarrant County Clerk in Official Public Records ..,,�,,,�,��c..��a,. t�%��.+o,�
) MARY LOUISE NICHOLSON
COUNTY CIERK
Date Received: �/16/2023
Record Numbe r: PN22-40175
Time Received: 1:34' p.m.
City Secretary No.: 59057
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
TIER 11
THIS AGREEMENT is ma.de and entered inta by and between THE CITY OF
FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("Ciry"),
acting by and through its duly authorized City Manager, Assistant City Manager, or
Director of the Development Services Department, and ONM SUMMER CREEK
COTTAGES, LLC, a{n) a Texas linnited liabiliry cornpany ('Zicensee"), acting by and
through its duly authorized President.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 9100 Summit
Ridge Road, Fort Worth, Texas 76I23 ("Prope rty"), as recorded in Deed Records, by
Instrument Number D221059982, in Tarrant County, Texas, and;
Wf-IEREAS, the City owns a drainage and water easernent (the "Public
Prope rLy") adjacent to the Properiy, recorded in the deed records af Tanant County by
instrument number D223003853; and
WHEREAS, Licensee desires to construct, place, and maintaui certain
improvements which will encroach in, on, above, or below the Public Property; and
WHEREAS, to accommodate the needs of the Licensee, the City witl 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 Ciry, in consideration of the payment by Licensee of the fee set out beIow
and covenants and agreernents hereinafter contained to be kept and performed by
Licensee, hereby grants perrnission ta Licensee to encroach in, on, above, or below and
occupy a portion of the City's Public Property as descrbed 'ui and at the location shown
on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing,
installing, and maintaining a sanitary sewer (the "Encroachment"). Upon completion of
the Encroachment, Licensee agrees to be responsrble for maintaining the Encroachment
within the Public Property. Licensee shall not expand or otherwise cause the
Tier II Fzsement Encroachment Agreement Page 1 of 13
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D223044213
Encroachment ta further infringe in or on the Public Properry beyond what is specifically
described in Exhibit "A."
2.
Ait construction, instaIlation, maintenance, and operation of the Encroachment
and the use or occupancy af the Public Praperty 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 Eneroachment,
Lieensee shall submit all plans and specifications ta the Director of the Development
Services Department or duly authorized representative. Licensee shall nat commence
construetion or installation af the Encroachment nor rnake any use of the Public Property
until after ihe execution of this Agreement.
3.
Licensee, at no expense to the City, shall make proper provisions for the
relocation and installation af any existing or future utilities affected by such
Encroachment and the use and occupancy of the Public Property, including the securing
the approval and cansent of the approprrate 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 utiliry or improvements owned by or
constructed by or on behalf of the public or at public expense is made mare costly by
virtue of the construction, maintenance, or exisience of the Encroachment and use af
Public Property, Licensee shall pay to Ciry an additional amount equal to such additional
cost as determined by the Director of Transportation and Public Works, the Director af
the Water Department, the Director of the Develapment Services Department, or their
duly authorized representative.
4.
Licensee agrees that City may enter and utilize the Public Properiy at any time for
any public purpose, irtcluding installing, repairing, rep�.cing, or maintaiiung
improvernents 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 darnages
related to the Encroachment resulting from the City's use of the Fublic Property;
however, the City shall make reasonable efforts to minimize such damage.
�
Upon termination of this Agreement, Licensee shall, at the option of and at na
expense to the City, remove the Encroachment and restore the Public Properry to a
condition acceptable to the Director of Transportation and Public Works, the Direetor of
the Water Department, the Director of the Development Services Department or their
Page 2 af 21
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D223044213
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 supparting structures from the Public Property, 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 arder to defray all costs of inspection and supervision which the City has
uicurred or will incur as a result of the construction, maintenance, inspection or
managernent of the Encroachrnent and use of Public Property as provided far by this
Agreement, Licensee agrees to pay to City at the time this Agreernent is requested an
application fee in the sum of Nine Hundred DoIlars ($900A0}.
7.
The ierm of this Agreement shall be for thirty (30} years, cammencing an the
date this Agreement is executed by City. However, the City may ternunate this
Agreement upon Licensee's noncompliance with any of the terms of this Agreement.
City shall notify Licensee in writing of any such nancompliance and if Licensee does not
cure the noncompliance within thirty (30) days of notice from City, the Ciry may
terminate this Agreement. However, the City may, at its sole option, ailaw the Agreement
to remaui lll effect so long as Licensee has taken reasonable measures to cure the
noncompliance ar is continuing to diligently attempt to remedy the noncompliance.
8.
Tt is further understood and agreed between the parties hereto that the Public
Property to be used and encroached upon is held by City as ttustee for the public; that
Ciry exercises such pawers over the Public Property 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 zts legislative power to control the Public Froperty for the use
and benefit of the public. It is accordingly agreed that if the governing bady of Cily may
at any time during the term hereof determinie in its sole discretion to use or cause or
permit the Public Property to be used for any other public purpose, incIuding but nat
being limited to underground, surface, or overhead communication, draniage, sanita.ty
sewerage, transmission of natural gas or electriciry, or any other public purpose, whether
presentty contemplated or not, that the parties agree to negotiate in good faith in order to
accornmodate both the Encroachment and the public purpose.
Page 3 of 21
Tier II Eas ement Encroachment Agreement Page 3 af 13
Revised 12(2022
D223044213
��
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS
OI+'FICERS, 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, ARTSING OUT OF OR IN CONNECTION
WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION,
MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE
ENCROACHMENT AND USES GRA.NTED HEREUNDER, WHETHER OR NOT
CAUSED, IN WHOLE UR IN PART, BY THE ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPL4YEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, UR YNVITEES OF
THE CITY, AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND
RESPONSIBILITY F4R SUCH CLAIMS OR SUITS. LICENSEE SHALL
LIKEV4�SE ASSUME ALL LIABILIT'i� AND RESPONSIBILITY AND SHALL
INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY
PROPERTY ARISING OUT C1F OR IN C4NNECTION WITFI THE
ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF
LICEN5EE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LIGENSEES, OR INVITEES.
la.
While this Agreement is in effect, Licensee agrees to furtvsh City with a
Certificate of Insurance naming City as certificate holder as proof that is has secured and
paid for a palicy of public liability insurance covering all public risks related to the
proposed use and occupancy of public property as located and descrbed 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 rnay 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 Certif'icate af Insurance is attached as
Exhibit "B" and incorporated herein for all purposes. Licensee agrees, bi.nds, aand
o6ligates itself and its successors and assia s to maintain and keep in force such public
liability insurance at all tiznes during the term af this Agreement and until the removal of
the Encraachment and restoration of the Public Properry. All insz.uance coverage
required herein shall include coverage of all Licensee's contractors and subconiractors.
Page 4 of 21
Tier II Easement Encroachment Ag�eement Page 4 of 13
Rev'ssed 1212022
D223044213
Il.
Licensee agrees to deposit with the City when this Agreement is executed a
sufficient sum of money to be used to pay necessary fees ta record this Agreement in the
real property records of tha county in which the Encroachment is located. After being
recarded, 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 cannection with the construction,
operation, and maintenance Qf the Encroachment and use of the Public Properly.
13.
Licensee agrees to pay promptly when due all fees, taxes, ar 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 ic�dependent
contractor as to all rights and privileges granted hereunder and not as an officer, agent,
servant, or employee af City, and Licensee shall have exclusive controt af and the
exclusive right to cantrol the details of its aperations, and all persans performing same,
and shall be solely responsble for the acts and omissions of its officers, agents, servants,
employees, contractors, subcontractors, licensees, and 'uivitees. The doctrine of
respondeat superior shall not appty as between City and Licensee, its officers, agents,
servants, employees, cantractors, and subcontractors, and nothrng herein shall be
construed as creating a partnership or joint enterprise between Ciry and Licensee.
15.
Licensee agrees and acknowIedges 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 or accupy property in which a
third-party may have an uiterest. Licensee agrees that it will obtain all necessary
permissions before occupying such property.
16.
T'rer II Easement EncroachmentAg�err��t
Page 5 of 13
Revised 12(2022
Page 5 of 21
D223044213
Page 6 of 21
In any action brought by the City for the enforcement of the obligations of the
Licensee, Ciry shall be entitled to recover interest and reasonable attorneys' fees.
I7.
The parties agree that the duties and obligations contained in Section 5 shall
survive the termination of this Agreement.
1$.
Licensee covenants and agrees that it will not ass'rgn 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 ta 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
ass banment, which appraval shatl 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 iender not�es City in writing within sixty (60) days of such foreclosure or
assignrnent and assurnes all of Licensee's rights and obligatians hereunder. Hawever, no
change of ownership due to foreclosure or assigriment 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 af action for breach of this Agreement shall be brought in Tanant
County, Texas. This Agreement shall be gaverned by the laws of the State of Texas.
20.
This Agreement shall be binding upan the parties hereto and their successors and
assigns.
�
This Agreement rnay 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 Encmachment Agteement Page 6 of 13
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D223044213
City:
CITY �F FORT WORTH
,�..�.�--�.......
$V� DJliarrtll(Mar14,20231G22CDT1
>
D.J. Harrell, Director of the
DeveIopment Services Department
Date: �ar 14, 2023
ATTEST:
�� � ��
�
Jannette Goodall,
City Secretary
Date: Mar 16, 2023
Licensee:
ONM SUMER CREEK C�TTAGES, LLC
a Texas limited liabiiity company
By: QNML Manager, LLC
a Texas limited liability company
it nager
�i' — _
Name: Zac T ompson
Title: President
Date: 3 � (.� � z �
Approved As To Form and Legality
rere�r ;v �nafo- Mensqh for
JeremyAnato-h`ensah for (Mar 14, 2l"�2316:17 CDTi
Thomas Royce Hansen
Assistant City Attorney
Date: Mar 14, 2023
Contract Compliance Manager:
By sigtzing I aclrnawledge that I am the person
responsible for the monitoring and admitt�stration
of this cantract, including ensuring all performance
and reporting requirernents.
��e� �� ��¢�
Rebccca Ciane Oyven (Nar 1�, 202316Q0 CDTj
Tier II Easement Encroachment Agreemeuut
Rebecca Owen
Devebprnent Services
Date: Mar 14, 2023
Page 7 of 13
Revised 12/2022
Page 7 of 21
D223044213
Page 8 of 21
'***THIS FAGE FOR CITY OF FORT WORTH OFrICE USE ONLY***
STATE OF TEXAS §
COUNTY 4F TARRANT §
BEFORE ME, the undersigned authoriry, a Notary Public in and for the State of
Texas, on this day persanally ap�ared D.J. Harrcll, lr�own to me to be the person
whose name is subscnbed to the foregaing instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein expressed, as the act and
deed of the Cify of Fort Worth, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 14th_�y of
Mardi , 20 23 .
WendyL.Beardslee Digitallysigned by
Wendy L. Beardslee
Date: 2023.03.14
16:49:24 -05'00'
Notary Public ui and for the State of Texas
After recording return to:
Development Services Department
Development Coordinatian Office
2t}0 Texas Street
Fort Worth, Texas 76102
Tier II Easement EncroachmentAg�ement
o,�PRYP�a�, WENDY L BEARDSLEE
2 � Notary Public
* �� + STATE OF TEXAS
� ' �-� Notary I.D, 13323�19-3
�'FoF� My Comm. Exp. July 28, 2025
Page 8 of 13
Revised I2l2022
D22304�213
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
e,�-a5_, an this day personally appeared Zac Thompson, President (Title) known to
me to be the person whose name is subscrbed to the foregoing instrument, and
acknowledged to me that he or she executed the sazne for the purposes and consideration
therein expressed, as the act and deed of ONM SUMER CREEK COTTAGES, LLC, a
Texas limited liabiIity company (entity type), and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFTCE this �� day of ��'r�
Za 23 .
Notary Public in and for the
State of ��
�—
`,o`ay'p'�o,� ARLENE TURNER
�o`p•...��2
,_; g,; Notary Pubiic, 5tate of Texas
,�:��r; Comm. Expires 03-31-2026
''';;�F,��`� Notary 1D 129766993
Tier II Easerr�nt Encroachrr�ent Agreecr�ent
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Page 9 of 21
D223044213
EXHIBIT A
Legal Description afthe Licensee's Property
TRA CT 1
BEING a 10.4Q78 acre (453,362 square feet) tract and of land situated in the Juan
Albirado Survey, Abstract No. 4, City of Fort Worth, Tarrant County, Texas; said tract
being part of Tract 3 descrbed in Special Warranty Deed to SLF IV - Chisholm Trail,
L.P. (formerly SLF IV/Legacy Capital, L.P.) recorded in Instrument No D210314509 of
the Official Public Records of Tarrant County, Texas as corrected in Special Warranty
Deed - Correction Affidavit recorded in Instrument Na. D2141512b6 of said Official
Public Records
TRACT 2
BEING a 6.9731 acre (303,75Q square feet) tract of land situated in the Juan Albirada
Survey, Abstract No. 4, City of Fart Worth, Tarrant County, Texas; said tract being part
of Tract 3 descrbed in Special Wanranty Deed to SLF IV - Chishokn Trail, L.P.
(formerly SLF IV/Legacy Capital, L.P.) recorded in Instrument No D210314549 of the
Official Public Records of Tarrant County, Texas as corrected 'ui Special Warranty Deed
- Correction Affidavit recorded 'm Instrument No. D214151266 of said Official Public
Recards
TRACT3
BElNG all of Lot 3X, block 4, Chisholm Trail Ranch, an addition to the City of Port
Worth according #o the plat recorded in Instrument No. D220041937 of the CJfficial
Public Records of Tarrant County, Texas.
TRA.CT4
BEING all of Lot 4X, block 4, Chisholm Trail Ranch, an additian to the City of Fort
Worth according to the pla.t recorded in Instrument No. D220041937 of the Offcial
Public Records of Tarrant Counry, Texas.
REi'LAT
LOT 1 R, BLOCK 5 CHISHOLM TRAIL RANCH A 18.2775 ACRE additian to
Tarrant Counry, Texas Situated in the J.J ALBIRADO SURVEY,ABSTR.ACT NO. 4
BEING A REPLAT of ALL of CHISHOLM TR.AIL RANCH, LOT 1, BLOCK 5 AND
LOT l, BLOCK 6, an addition to the City of Fort Worth, Tarrant County, Texas as
recorded ir� Instrument No. D222088926 Officiat Public Record, Tarrant County, Texas
And being a part of CHTS4LM TRAIL RANCH, LOTS 1 AND 2X-4X, BLOCK
4, CRESCENT HILL LANE, MOLJNTAIN BROOK LANE AND SUMMIT RIDGE
ROAD, an addition to the Ciry of Fort Worth, Texas as recorded in Instrument Number
D22004193 �
Tier II Fasement Encroachment Agteeme��t
Page 10 of 13
Revised 12l2022
Page 10 of 21
D223044213
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SWe of Tezas Registratio� No. F-928
D223044213
EXHIB IT B
Depictionofthe Public Properiy
Tier ii Easement Encroachment Ag�ement
Pagellofl3
Revised 12/2022
Page 12 af 21
D223044213
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Q223044213
EXHIBIT C
Depiction and description of the Encroachment
Tier II Easerr�ent Encroachment Agceement
Page 12 of 13
Revised 12/2022
Page 14 of 21
D223044213
FIELD NOTE DESCRIPTION
4.1594 ACRES
Page 15 of 21
BEING a tract of land situated in the J.J. Albirado Survey, Abstract No. 4, Tarrant County,
Texas and being a partion of Mountain Brook Lane a variable width right-of-way, a(so being
a portion of Lot 1, Block 6 of Chishotm Trai! Ranch, an addition to the City of Fort Warth,
accarding to the plat �led of record in Document No. D222088926 Official Public Records,
Tarrant County, Texas (O.P.R.T.C.T.), and being more particularly described as follows:
BEGINNING at a point in said Lot 1, Block 6 of Chisholm Trail Ranch, at the beginning of a
non-tangent curve to the left with a �adius of 385.Q0 feet, a central angle of 02°'{4'23", and a
chord bearing and distance of Narth 77°24'51" West, 15.05 feet;
THENCE with curve to the left, an arc distance of 15.05 feet to a point for carner of this tract;
THENCE North 17°11'11" East, passing the norkh (ine of the above-mentioned Lot 1, Black
6, same being common with the south line of the above-rnentianed Mountain Brook Lane at
a distance of 2.51 feet and continuing far a tatal distance of 11.82 feet to a point for carner
of this tract;
TNENCE aver and across the abave-mentioned Mauntain Brook Lane, the following twenty-six
(26) courses and distances:
North 59°08'33" East, a distance of 15.54 feet to a point far corner of this tract at the
beginning of a non-tangent curve to the left with a radius af 445.00 feet, a central angla of
9°47'S8", and a chord bearing and distance of North 85°37'37" West, 76.02 feet;
With said curve to the left, an arc distance of 76.11 feet to a point for corner of this tract;
South 89°26'S6" West, a distance of 89.51 feef ta a point for eorner of this tract;
South 59°26'56" West, a distance of 10.00 fee# to a point for corner of this tract;
South 89°26'56" West, a distance of 17.51 feet to a paint for corner of this tract;
North 00°33'04" West, a distance af 15.00 feet to a point for corne� of this tract;
North 89°26'56" East, a distance of 13.49 feet to a point for corner of this tract;
North 59°26'56" East, a distance of 10.00 feet to a point for corner of this tract;
North 89°26'56" East, a distance of 93.56 feet to a point for corner of this tract at the
beginning of a tangent curve to the right with a radius of 455.00 feet, a central angle of
01 °27'15", and a chord bearing and distance af South 89°49'41" East, 11.55 feet;
With said curve to the right, an arc distance of 11.55 feet to a point for corner of this tract;
North 45°33'04" West, a distance of 14.75 feet to a point for corner of this tract;
D223044213
South 89°26'56" West, a distance of 39.69 feet to a point far corner of this tract;
Sauth 44°26'56" West, a distance of 6.77 feet to a point for corner of this tract;
South 89°26'56" West, a distance of 'i 5.62 feet to a point for corner of this tract;
North OQ°33'04" West, a distance of 15.00 feet ta a point for corner of this tract;
North 89°26'S6" East, a distance of 9.41 feet to a point for corner of this tract;
North 44°26'S6" East, a distance of 6.77 feet to a point for corner of this tract;
North 89°26'S6" East, a distance of 52.11 feet fo a point for corner of this tract;
Page 16 af 21
South 45°33'04" East, a distance of 37.53 feet to a paint for corner of this tract at the
beginning of a non-tangent cutve to the right with a �adius of 455.00 feet, a central angfe of
13°03'SQ", and a chord bearing and distance of Sauth 79°48'34" East, 103.52 feet;
With said curve to the right, an arc distance of 103.74 feet to a point for corner of this tract;
South 73°18'48" East, a ciistance of 85.15 feet to a point far corner of this tract;
Sauth 57°31'S1" West, a distance of 0.58 feet to a point for corner of this tract;
South 26°57'09"' East, a distance of 20.12 feet to a point far carner of this tract, from which
a 5/8-inch iron rod with plastic cap stamped "KHA" found in the south line of Mountain Brook
Lane, same being comrnon with the north line of the abave-mentioned Lot 1, BIocK 6 bears
South 38°05'33" East, 39.57 feet;
North 73°18'48" West, a distance of 96.65 feet to a paint for corner nf this tract at the
beginning of a tangent c�rve ta the left with a radius af 445.00 feet, a central angle of
04°20'20", and a chord bearing and distance of North 75°32'39" West, 34.45 feet;
With said curve ta the left, an arc distance af 34.46 feet to a point for corner of this tract,
from which a 5/8-inch iron rod with plastic cap stamped "KHA" faund in the sauth line of
Mountain Brook Lane, same being common with the north line of the above-mentioned L.ot
1, Block 6 bears South 12°09'S7" West, 21.59 feet;
South 59°08'33" West, a distance of 26.67 feet to a paint for corner of this tract;
THENCE South 17°11'11" West, passing the south line of the above-mentioned Mountain
Broak Lane at a distance of 2.36 feet and continuing for a total distance of 4.86 feet to the
POINT OF BEGINNING and containing 6,942 square feet or Q.1594 acres of land.
D223044213
FtE�D NOTE DESCRIPTION
0.2416 ACRES
Page 17 of 21
BEING a tract of land situated in the J.J. Albirada Survey, Abstract No. 4, Tarrant County,
Texas and being a portion of Mountain Broak Lane a variab(e width right-of-way, alsa being
a portion of Lot 1, Block 5 of Chisholm Trail Ranch, an addition to ihe City af Fort Worth,
according to the Plat filed of record in Documant No. 222088926 Official Public Recards,
Tarran# County, Texas, rrtore particularly described as follows:
BEGINNING at a point in the west line of Summer Creek Drive a 124 foot right-of-way at the
beginning of a non-tangent curve to the left with a radius of 1,158.76 feet, a central angle af
00°44'30", and a chord bearing and distance of South 18°44'14" West, 15.00 feet, from
which a 5!8-iron rod found for the north end of a corner clip, at the intersection of the west
line of said Summer Creek Drive and the north line of said Mountain Brook Lane, bears with
said curve in a northeast direction an arc distance af 5.14 feet;
THENCE over and across said Mountain Brook Lane fhe following nine (9) courses and
distances:
With said curve to the left, an arc distance of 15.00 feet to a point for corner Qf this fract;
North 70°31'24" West, a distance of 12.Q1 feet to a point for carner of this tract;
South 64°28'36" West, a distance of 43.25 feet ta a point for corner of this tract;
North 70°09'42" West, a distance of 94.18 feet to a point for corner af this tract;
North 79°18'04" West, a distance of 61.16 feef to a point for corner of this tract;
South 89°26'S8" West, a distance of 10.38 feet to a point for carner of this tract;
South 00°33'04" East, a distance of 15.93 feet to a point far corner of this tract;
N�rth 89°26'56" East, a distance of 4.99 feet to a point for corner of this t�ac#;
South 68°03'04" East, a distance of 35.06 feet to a point far corner of this tract;
South 21°56'S6" West, a distance of 20.74 feet to a point in the north line of Lot 1, Block 6
af said Chisholm Trail Ranch, same being common with the south line of the abave-
mentioned Mountain Braok Lane, for corner af this tract;
THENCE North 73°19'40" West, with said cammon line, a distance of 5.04 feet to a poinf for
corner of this traci af the beginning of a tangent curve to the left with a radius of 385.00 feet,
a centra! angle of 01 °29'38", and a chord bearing and distance of North 74°04'29" West,
10.04 feet;
THENCE continuing with saici comman Iine and with said curve to the Isft, an arc distance of
10.04 feet to a point for carner of this tract;
D223044213
Page 18 of 21
THENCE leaving said comman line, over and across the above-mentioned Mountain Brook
Lane the following five (5) courses and distances:
North 21 °56'S6" East, a distance of 7.26 feet to a point for corner af this tract;
North 68°03'04" West, a distance of 17.08 feet to a point for corner of this tract;
Soufh 89°26'56" West, a distance of 2.01 feet to a point for corner of this tract;
South 00°33'04" East, a distance of 3.24 feet to a pornt for corner of this tract;
South 10°41'S4" West, a distance of 5.94 feet, returning to a point in the above-mentioned
common line, far corner of this tract at the beginning of a non-tangent curve to the left with a
radius of 385.OQ feet, a central angle of OZ°13'5$", and a chord bearing and distance of
North 78°25'25" West, 15.Q0 feet;
THENCE with said common line and said curve to the left, an arc distance of 15.00 feet to a
point for corner of this tract;
THENCE over and across the above-mentioned Mountain Braok �ane the follawing nine (9}
courses and distances:
North 10°41'54" East, a distance of 4.23 feet to a point for corner of this tract;
Narth 00°33'p4" West, a distance of 32.78 feet to a point for corner of this tract;
Narth 68°02'S4" West, a distance of 6.95 feei to a point far corner of this tract;
South 89°26'57" West, a distance af 348.69 feet to a point for the sauthwest corner of this
tract;
North 00°33'p4" West, a distance of 15.OQ feet to a point for the northwest corner of this
tract;
North 89°26'S7" East, a distance of 351.68 feet to a point for corner of this tract;
South 68°Q2'S4" East, a distance of 7.16 feet to a point for carner of this tract;
North 89°26'S8" East, a distance of 6.31 feet to a paint for corner af this tract;
North 00°33'04" West, a distance of 15.24 feet to a point in the north line of the above-
mentioned Mountain Brook Lane, same being common with the south line of the above-
mentioned Lot 1, Block 5, for corner of this tract;
THENCE North 89°26'S6" East, with said common line, a distance of 5.65 feet to a point for
corner of this tract at the beginning of a tangent curve to the right with a radius of 300.00
feet, a central angle of 03°41'S0", and a chord bearing and distance of Sauth 88°42'09"
East, 19.36 feet;
D223044213 Page 19 of 21
THENCE continuing with said comman line and with said curve to the right, an arc distance of
19.36 feet to a point for corner of this tract;
THENCE over and across the above-mentianed Mountain Brook Lane, the following three
courses and distances:
South 00°33'04" East, a distance af 16.14 feet to a point far corner af this tract;
South 79°1$'04" East, a distance of 56.46 feet to a point fo� corner af this tract;
South 70°09'42" East, a disfance of 89.11 feet to a point for corner of this tract;
THENCE North 64°28'36" East, passing the common line of the above-mentioned Mountain
Brook Lane and the above-mentioned Lot 1, Block 5 at a distance of 33.98 feet and
continuing for a total distance of 43.19 feet to a paint in said �ot 1, Block 5, for corner of this
tract;
THENGE South 70°31'24" East, passing a corner clip for the intersection of the west line of
the above-mentioned Summer Creek Drive, and the north line of said Mountain Brook Lane
at a distance of 13.35 feet and continuing for a total distance af 18.p3 feet to the PC11NT OF
BEGINNING and containing 10,525 square feet or 0.2416 acres of land.
D223044213
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Cottages at
Summer Creek
EASEMENT ENCRpACHMENT -
PI.AN & PROFILE
Fort Worth, 7exas
pecember 2022
Kimle �>> Horn
400 N, Oktahcma Or�
Suita 105
CeUne,Tezas 73009
{69301-2200
SWIe ol Texas Regisustlon No. F928
7+00 8+00 9+00 10+04
EXHIBIT B, REVISED
CERTIFICATE OF INSURANCE
Encroachment Assignment Agreement Page 9 of 9
Rev 12/2022
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