HomeMy WebLinkAboutContract 55547-CA1Date Received: 5/1 /2025 Record Number: PN25-00023
Time Received: 3:55 p.m. City Secretary Number: 55547-CAl
TIER II ROW ASSIGNMENT AND CONSENT OF ENCROACHMENT AGREEMENT
City Secretary Contract No. 55547
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 ("C"), KFH-CRG (Texas)
L.P., a Texas limited partnership ("Assignor"), and Broadway Chapter LP, a Delaware limited
partnership ("Assignee"). Sometimes herein City, Assignor, or Assignee may also be referred to
individually as a "Party" or collectively as the "Pat -ties."
WITNESSETH:
WHEREAS, the City entered into an Encroachment Agreement, City Secretary Contract
No. 55547 (the "Encroachment Agreement"), on the 4th day of April, 2021, 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 April, 2021, as
Instrument No. D221100584 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 Patties 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.
OFFICIAL RECORD
Encroachment Assignment Agreement Page 1 of 9
CITY SECRETARY Rev 12/2022
FT. WORTH, TX
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. To the best of their knowledge, 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.
Crtv
Development Services Department
200 Texas Street
Fort Worth TX 76102
Attention: Director
Assignor
KFH-CRG (Texas), LP
8640 Evans Ave
St. Louis, MO, 63134
ATTN: Jennifer E. Nichols, SVP & General Counsel
Email: nicholsi(i4rcalcrsy.com: notice@realcrg.com
Encroachment Assignment Agreement Page 2 of 9
Rev 12/2022
Assianee
Broadway Chapter, LP
4890 W Kennedy Blvd. Ste 900
Tampa, Fl 33609
ATTN: Debbie Chatman
Email: dchatmanZ@alapts.com
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:
KFH-CRG (Texas), L.P.
a Texas limited partnership
by: CRG- Tilton, LLC
a Missouri limited liability company
its general partner
by: CRG Services Management, LLC
a Missouri limited liability company
its manager
By: <;�4
Name: Jennifer E. Nichols
Title: Secretary
Date: A k7t it D-A 1 ZU 1-
STATE OF f (, §
COUNTY OF CO 0 L §
BEFORE ME, the undersigned authority, a Notary Public in and for the State
of IICJio►S on this day personally appeared Jennifer E. Nichols, Secretary of CRG
Services Management, LLC the manager of CRG ❑ Tilton, LLC, the general partner of KFH-
CRG, L.P. 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 KFH-CRG (Texas), L.P., a Texas
limited liability company, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
�► ("1 , 20 Z .
tic— am For tv'FNotary
LETTE BAER
State, of IL. fficial Seal
Encroachment Assignment Agreement lic - State of Illinois Page 4 of 9
n Expires Nov 29, 2026 Rev 12/2022
ASSIGNEE:
Broadway Chapter, L.P.
a Delaware k(mited
By:
Na�fne: Jgke6h G. Lubeck
Title: President
Date:
STATE OF FLORIDA §
COUNTY OF PALM BEACH §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Florida, on this
day personally appeared Joseph G. Lubeck, 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 Broadway
Chapter, L.P., a Delaware limited partnership , and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
20
GERALOINE CARPENITO
Nota�y Public in and for the _ Notary Public -State of Florida
Commission # HH 496371
My Comm. Expires Apr 12, 2028
State of Florida Bonded through National Notary Assn,
Encroachment Assignment Agreement Page 5 of 9
Rev 12/2022
EXECUTED to be effective on the date signed by the City's Director of Development
Services Department
APPROVED AS TO FORM AND
LEGALITY:
Jackson Skinner
City Attorney's Office
Date:
ATTEST:
Jannette Goodall
City Secretary
(M&C not Required)
Date: 05/02/2025
CITY OF FORT WORTH
Z=- --
Dalton Harrell tpr30, 202515-00 CDT)
D.J. Harrell, Director of the
Development Services Department
Date:
T
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° °o0A~o°oo 0 00 0°��rd_
T101
00000
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.
-M^
Rebecca Owen (Apr 28, 202516:13 CDT)
Rebecca Owen
Development Services Manager
Date: 04/28/2025
Encroachment Assignment Agreement OFFICIAL RECORD Page 6 of 9
CITY SECRETARY Rev 12/2022
FT. WORTH, TX
MU Non 1 KIN V_l!! 0121'M I Y WiLI1 W DLU :N Nk!&11IN Was IU N W lfl Duly Dlu►1 Okla"
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 1 St day of May
2024.
` mI111111111111
yyPv,•.��.
Notary Public in and for the State of Texas ;'�'� ♦ ;'%
!, .
_ _:
Q t
OF leiORN
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 12/2022
D221100584 04/13/2021 08:40 AM Page: 1 of 16 Fee: $79.00 Submitter: COFW CFA OFFICE
Electronically Recorded by Tarrant ft/Oy2� P in Official Public RecordsWt �;,�aQ
Date Received: // // MARY LOUISE NICHOLSON
COUNN ber: j5547
Time Received:1:16 pm
PUBLIC PROPERTY RIGHT-OF-WAY ENCROACHMENT LICENSE
AGREEMENT
FI R //
THIS AGREEMENT is made and entered into by and between THE CITY OF
FORT WORTH, it 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 KFH-CRG (Texas), L.P., a
Texas limited partnership ("Licensee"), acting by and through its duly authorized
manager of its general partner.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 401 Hemphill
Street, Fort Worth, Texas 76104 ("Property"), being more particularly described it the
attached Exhibit "A" which is incorporated herein for all purposes; and
WHEREAS, the City owns a variable width public right-of-way (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 FS-19-087, 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
encroaclunent under the terms and conditions as set forth in this Agreement.
NOW, THEREFORE, the City and Licensee agree as follows:
AGREEM ENT
1.
The City, in consideration of the payment by Licensee of the fee set out below
and covenants and agl•eements hereinafter contained to be kept and performed by
Licensee, hereby grants permission to
occupy a portion of the City's Public
on Exhibit "C," but only to the ext(
installing, and maintaining a dog rur
of the Encroachment, Licensee at
Encroachment within the Public
otherwise cause the Encroachment
beyond what is specifically described in
Tier 11 ROW Encroachn)ent Agreement
PN21-00029
Licensee to encroach in, on, above, or below and
Property as described in and at the location shown
nit shown thereon, for the purpose of constructing,
i fence (the "Encroachment"). Upon completion
;reel to be responsible for maintaining the
Property. Licensee shall not expand or
to finther infringe in or on the Public Property
Exhibit "C."
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2.
All construction, installation, maintenance, and operation of the Encroachment
and the use or occupancy of the Public Property 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 Encroaclunent,
Licensee shall submit all plans and specifications to the Director of the Development
Services Department or duly authorized representative. Licensee shall not continence
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
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 of
Public Property, Licensee shall pay to City an additional amount equal to such additional
cost as determined by the Director of Transportation and Public Works, the Director of
the Water Department, the Director of the Development Services Department, or thee,
duly authorized representative. Notwithstanding the foregoing, with respect to future
utilities or improvements, City shall use commercially reasonable efforts to locate and/or
construct the same outside of the Encroachment whenever possible.
4.
Licensee at,
,recs 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 from the City's use of the Public Property;
however, the City shall make reasonable efforts to munitnize 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
condition acceptable to the Director of Transportation and Public Works, the Director of
the Water Department, the Director of the Development Services Department or their
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 terniinates and Licensee fails to remove the
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Encroachment and restore the Public Property, Licensee hereby gives City pennission to
remove the Encroachment and any supporting 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 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 Property 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 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 tenn of this Agi-ccment shall be for thirty (30) years, commencing on the
date this Agreement is executed by City. This Agreenncnt shall automatically renew for
three (3) additional ten (10) year periods unless either party gives notice to the other
party, not less than one hundred eighty (190) days prior to the scheduled expiration of
this Agreement. 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 thirty (30) days of notice from City, provided such noncompliance is of a type or
nature that can be cured within thirty (30) days, the City may terminate this Agreement.
if the noncompliance is not of a type or nature that can be cured within thirty (30) days,
then, so long as Licensee is diligently pursuing correction thereof, in City's sole
discretion, City will not terminate this Agreement.
8.
It is further understood and agreed between the patties 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
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 Property for the use
and benefit of the public. It is accordingly agreed that if the governing body of City may
at any tine during the term hereof determine in its sole discretion to use or cause or
permit the Public Property 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 both the Encroachment and the public purpose.
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►a
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, 1N 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 11C."
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 C'ity'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 Property. All insurance coverage
required herein shall include coverage of all Licensee's contractors and subcontractors.
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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 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.
12.
Licensee agrees to comply fully with all applicable federal, state, and local laws,
statutes, ordinances, codes, and regulations ii 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 rentak 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, 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 aclunowledgcs that this Agreement is solely for the purpose
of pernutting 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 occupy property in which a
third -party may have an interest. Licensee agrees that it will obtain all necessary
permissions before occupying such property.
16.
In any action brought by the City for the enforcement of the obligations of the
Licensee, City shall be entitled to recover interest and reasonable attorneys' fees, if City
is deemed the prevailing party by a court of competent jurisdiction.
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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 nn writing within sixty (60) days of such foreclosure or
assi ,nmcnt and assumes all of Licensee's rights and obligations hereunder. However, no
change of ownership due to foreclosure or assigmment to any secured lender of Licensee
shall be effective as to City unless and until written notice of such foreclosure or
assigniment 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 tine State of Texas.
assigns.
20.
This Agreement shall be binding upon the parties hereto and their successors and
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 PAGEI
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City:
CITY OF FORT WORTH
D.J. Harrell. Director of the
Development Services Department
4_8_2021 -
City Secretary
Tier II ROW Encroachment Agreement
M21-00029
Licensee:
KFH-CRG ('Texas). T.
By:
Name: Christopher P. McKee
Title: C'hiel' Development OI'licer of Munagcr
ol'Gencral Partner
Dale: P-0.2-1
Approved As To Dorm and Legality
Maf thew Murray
Matthew A. Murray
Assistant City Attorney
Ordalance No. 24161-0.1-2020
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
Of this contract. includi%' ensuring all performance
and reporting requirements.
, wu�-Sca�Ce Mvr�Ce�
Janic S. Morales
Development Services
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STATE OF TEXAS §
COUNTY OFTARRANT §
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 the 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 8th day of
Aril 20 21 .
Jennifer L Digitally signed byJennlferL 1rRVP�s JENNIFER L. EZERNACK
Ezernack o �1 Notary Public
Ezernack Date: 2021.04.09 08:57:00 -05'00' � yj STATE OF TEXAS
Notallotary Public in and for the State of Texas "'�D��F�+` My comm IExp. Mar.11, 2024
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
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STATE OF MISSOURI
COUNTY 0FST. I.OUIS
BEFORE. ME. the undersigned authority, a Notary Public in and for the State of
Missouri. On this day personally appeared Christopher P. McKee. Chief DeVClopnent
Officer of the manacrer of the General Partner of Licensee, known to me to be the petition
whose name is subscribed to the tilrcgoing instrument, and acknowledged to ntc that he
or she executed the same for the purposes and consideration therein expressed. as the act
and deed of KFII-CRG (Texas), L.P., a Texas limited partnership. and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL. OF OFFICE this l0 clay of
.2021.
ff COURTNEY RAY
Notary Public - Notary 5val
- �IrL
—St Louis County • state of Mis%nori
NOlal'V the Commission Number 18237866
My Commission Expires Dec 3, 2022
State Of Missouri
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EXHIBIT A
Description of the Licensee's Property
Lot 2R2, Block 36, Jennings South Addition, an addition to the City of Fort Worth,
according to the plat recorded in Document No. D219215345, Plat Records of
Tarrant County, Texas
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EXHIBIT B
Depiction of the Public Property
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D221100584
Page 13 of 16
EXHIBIT C
Depiction and description of the Encroachment
Tier 11 ROW Encroachment Agreement
PN21-00029
Page 12 of 13
Revised 11/2020
+TRC• TARRANT Doc: 000100584 Date: 04/13/2021 Vol: 0000000 Page: 00000 Page: 13 Of 16
D221100584 CUT "X" IN CONCRE' page 14 of 16
S00°46'22"W 390.05' 25' - 0"
GRAINGERSTREET = PROPERTY LINE
-- PLATTED RIGHT-OF-WAY
� CENTERLINE
❑ u I - , CONCRETE SIDEWALK
u LANDSCAPE
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5'-0"
-5'-6"
6'-10" 3'-2" I
i
i
CURRENT DOG RUN AREA
FROM BUILDING EDGE TO
PROPERTY LINE —
PROPOSED DOG RUN
ENCROACHMENT INTO ROW
UP TO SIDEWALK EDGE W
435.90 SF OF ENCROACHMENT f— W
LL
m V♦ O
o
N T z
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' PARKING STRUCTURE
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USGS ELEVATION 624.75'-0" _ a o
REFERENCE ELEVATION 100'-0" I W
• i
Al
AO-01 '
I
APARTMENT BUILDING - SITE PLAN
i N
1" = 20 -0
CRG I FOpum 401 HEMPHILL - ROW ENCROACHMENT
JANUARY 04, 2021
*TRC* TARRANT Doc: 000100584 Date: 04/13/2021 Vol: 0000000 Page: 00000 Page: 14 Of 16
D221100584
Page 15 of 16
G.D
3' - 2" 5' 0" 5' - 6"
W
W
H
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r�
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W
a FENCE LOCATION
INTO ROW W
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I I III —III III I I I I I H i l l III I I I I —III (III I I I I I I I III I I I I I I
0Al SITE SECTION
AO 01 114" = 1'-0"
CRG I FoRuM 401 HEMPHILL - ROW ENCROACHMENT
JANUARY 04, 2021
*TRC* TARRANT Doc: 000100584 Date: 04/13/2021 Vol: 0000000 Page: 00000 Page: 15 Of 16
D221100584
Page 16 of 16
EXHIBITI)
Certificate of Insurance
Tier 11 ROW Encroachment Agreement
PN21-00029
Page 13 of 13
Revised 11/2020
+TRC• TARRANT Doc: 000100584 Date: 04/13/2021 Vol: 0000000 Page: 00000 Page: 16 Of 16
EXHIBIT B, REVISED
CERTIFICATE OF INSURANCE
Encroachment Assignment Agreement Page 9 of 9
Rev 12/2022
Signature:5��
Email: allison.tidwell@fortworthtexas.gov