HomeMy WebLinkAboutContract 51139-CA1Date Received: 7/8/2025
Time Received: 10:30 a.m.
Record Number: PN25-00037
City Secretary Number: 51139-CAl
CONSENT OF ASSIGNMENT OF ENCROACHMENT AGREEMENT
City Secretary Contract No. 51139
THIS CONSENT OF ASSIGNMENT OF ENCROACHMENT AGREEMENT
("Assignment") is made and entered into between the CITY OF FORT WORTH, a Texas
home -rule municipal corporation ("City"), Fossil Creek Development Partners, LLC, a Delaware
limited liability company ("Assignor"), and PLEASANTON HOUSING FINANCE
CORPORATION, a Texas non-profit public facility corporation ("Assignee") and RPMI 6032
Travertine LN Owner, LP, a Delaware limited partnership ("Tenant") . Sometimes herein City,
Assignor, Assignee or Tenant may also be referred to individually as a "Party" or collectively as
the "Parties." This Assignment shall become effective on the date signed by the City's Director
of Development Services Department.
WITNESSETH:
WHEREAS, on August 13, 2018, the City entered into City Secretary Contract No.
51139 (the "Encroachment Agreement"), attached hereto as "Exhibit A," with Assignor that
was, at the time of the Encroachment Agreement, the owner of certain real property more
particularly described on page 10 in the section of the Encroachment Agreement titled "Legal
Description of the Property" (the "Property") located adjacent to or near the City's 15' waterline
easement (the "Public Property").
WHEREAS, the Encroachment Agreement, which allows on Public Property certain
encroachments that are referenced as "Improvements" was recorded on August 29, 2018 as
Instrument No. D218192924 in the Real Property Records of Tarrant County, Texas;
WHEREAS, the Assignor conveyed to the Tenant a portion of the Property located
adjacent to or near the Public Property by a deed recorded on March 7, 2025 as Instrument No.
D225039508 in the Real Property Records of Tarrant County, Texas;
WHEREAS, the Tenant sold the Property to the Assignee by a deed recorded on March
7, 2025 as Instrument No. D225039509 in the Real Property Records of Tarrant County, Texas;
WHEREAS, the Tenant has a 99-year lease hold interest in the property through a
ground lease with the Assignee; and
WHEREAS, Assignor desires to assign the Encroachment Agreement to Assignee and
Tenant.
Encroachment Assignment Agreement
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX Page I of 11
Rev 12/2022
AGREEMENT:
NO 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 its duties and obligations under the Encroachment Agreement to Assignee and Tenant.
2. Assignee and Tenant hereby accept 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.
Assignee and Tenant have the full right, power, and authority to enter into this Assignment, to
make the representations set forth herein, and to carry out Assignee and Tenant 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 and Tenant.
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, the Assignee, and Tenant
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.
Encroachment Assignment Agreement Page 2 of 11
Rev 12/2022
CCi
Development Services Department
200 Texas Street
Fort Worth TX 76102
Attention: Director
Assi,gnor
FOSSIL CREEK DEVELOPMENT PARTNERS, LLC
a Delaware limited liability company
c/o Cortland Partners, LLC
3424 Peachtree RD NE, Suite 300
Atlanta, Georgia 30326
Attention: Corey May
Assi,gnee
PLEASANTON HOUSING FINANCE CORPORATION
a Texas non-profit public facility corporation
108 Second Street
Pleasanton, Texas 78064
Tenant
RPMI 6032 TRAVERTINE LN OWNER, LP
a Delaware limited partnership
5508 Parkcrest Drive, Suite 320
Austin, Texas 78731
Attention: Hanford Farrell, III
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. Assignees shall cause this Assignment to be filed of record at Assignees' 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 Assignees as "Exhibit B, Revised."
12. All terms and conditions of the Encroachment Agreement not amended herein
remain unaffected and in full force and effect, are binding on the Parties, and are hereby ratified
by the Parties. Capitalized terms not defined herein shall have meanings assigned to them in the
Encroachment Agreement.
13. This Assignment may be executed in multiple counterparts, each of which shall
be deemed an original, and all of which, when taken together, shall constitute one and the same
document which may be evidenced by one counterpart.
Encroachment Assignment Agreement Page 3 of 11
Rev 12/2022
[SIGNATURES APPEAR ON FOLLOWING PAGES]
Encroachment Assignment Agreement Page 4 of 11
Rev 12/2022
ASSIGNOR:
FOSSIL CREE DEVELOPMENT PARTNERS, LLC
a Dela re lim ed bility company
By: �-
Name: Cor . a
Title: Authorized Signato
Date;TuAV Z; , 2025
STATE OF C/)16D12Co ( A §
COUNTY OF VIAL TO i J §
BEFORE ME, the undersigned authority, a Notary Public in and for the State
of (jC-'01& IA , on this day personally appeared Corey B. May, Authorized Signatory,
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 FOSSIL CREEK DEVELOPMENT PARTNERS,
LLC, a Delaware limited liability company, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this �%%Jr� day of
-TUN C , 2025.
Notary ublic in and for the Kayl Y Clark
NOTARY PUBLIC
State of &`Cp�(j 1} FULTON COUNTY, GEORGIA
My Commission Expires 06/04/2029
Encroachment Assignment Agreement Page 5 of I I
Rev 12/2022
ASSIGNEE:
PLEASANTON HOUSING FINANCE CORPORATION
a Texas noi rofit public facility corporation
By:
Na Johnny H izar
Title: Authorized Signer
Date: to l Z § , 2025
STATE OF TEXAS §
COUNTY OF ATASCOSA §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas , on this day personally appeared Johnny Huizar , authorized signer
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 PLEASANTON HOUSING FINANCE CORPORATION, a
Texas non-profit public facility corporation, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this AOTZJ day of
2025.
�
...
NOTARY
VICTORIA BLANCA GUILLEARY PUBLIC N
f W) STATE OF TEXAS
"`-� (� MY COMM. EXP. 04/09/27
Notary Public in and for the NOTARY ID 131965890
State of Texas
Encroachment Assignment Agreement Page 6 of 11
Rev 12/2022
TENANT:
RPMI 6032 V TINE LN OWNER, LP
a Delaware .li it n ip
By:
Name: Han rd F ell, III
Title: A rized Signatory
Dat .1211, 22 , 2025
STATE OF TEXAS §
COUNTY OF TRAVIS §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
• TYA S, on this day personally appeared 1vVcL-rw/At,W
known to me to be the person whose name is subscribed to the foregoing instrument, and
l
acknowledged to me that he or she executed the same for the purposes and consideration therein
expressed, as the act and deed of RPMI 6032 TRAVERTINE LN OWNER, LP, a Delaware
limited partnership, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2- Z. day of
Age 1 V , 2025.
Notary Public tanr the
State of 1lr7X M;
F of'��'�:'
�N/ti rl i i 1WO
Encroachment Assignment Agreement
Page 6 of 10
Rev 12/2022
EXECUTED to be effective on the date signed by the City's Director of Development
Services Department
City:
CITY OF FORT WORTH
D. J. Harrell
Director, Development Services Department
Date:
p.�gUO4
Ap0o f0000 4 d
0AYA, is
o
ATTEST: pro o=d
oaa* *�d
n�n544a
Jannette Goodall,
City Secretary
Approved as to Form and Legality
9--- s,'—
Jackson Skinner
Assistant City Attorney
Contract Compliance Manager:
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.
kgbecca Owgh
Rebecca Owen (Jul 2, 202516:54 CDT)
Kandice Merrick
Planning Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Encroachment Assignment Agreement Page 8 of 11
Rev 12/2022
; M.��u;1 1: i�� �y x�>ry x��►�i w�
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 3rd day of July
202 5
Gtla��a�ec . . . . . . . . . . . . . .
CQRYp WENDY L BEARDSLEE
Notary Public in and for the State of Texas Notary Public
* * STATE OF TEXAS
Notary I.D. 13323719-3
9�OF My Comm. Exp. July 28, 2025
- - - - - - - - - - - - - -
Encroachment Assignment Agreement Page 9 of I I
Rev 12/2022
EXHIBIT A
ORIGINAL AGREEMENT WITH ATTACHED EXHIBITS
Encroachment Assignment Agreement Page 10 of 11
Rev 12/2022
Page 1 of 19
-T ENCROACHMENT LICSE ENAGREEMENT
`�SEASEWN
rl' TMM Commercial
TY A RET RY
V CONM. CT NO,
WAOREEWNT is made and entered into by and between; THE CITY OF FORT WORTH$ a
al corporation of: Taitant County. e as .1 Y"),- acting, by :and: through its, duty authorized
himp Ut T x
h
City*'N d. lyftsigttated Assistant.. City. Manager or Planning and Development Director, and FOSSIL
_1 Manager, u
CREEK DEVELOPMUM PARTNERS,. LLC, a Delaware. firnited -hability company Licenseel), acting by
and through its. duly -authorized Manager, owner of the real propeM located at 6032 Travertine: LN,. Fort
Worth, TX 764 37 fVroperty").
19 3144 V 1F.1
WHEREAS, Licensee is the owner of certain real property situated in the., City of Fort: Wotft Tarrant
County, Texas, more pwiculexly described to the, attached LegalI)escription of the Property; and
WHEREAS, the City has a 151 Water Line easement (the "Easementlin the Property as shown on the
map attached to this Agreetnent. as Exhibit "All and incorporated herein for all purposes;
WHEREAS, Licensee desires. to construct/place and maintain certain. improvoments: which will
encroach onto the Easement, and
WHEREAS, City will allow the encroachment under the: terms and conditions as set forth.in this
.Agreement to accommodate the needs ofthe Licensee,
NOW, THEREFORE, the City and licensee agree as follows:
AGREEMENT
1.
City, in consideration of the payment. by the Licensee of the -feeset out brJbw and covenants and
agreements hereinafter contained, to be kept and performed by Licensee, hereby grants permission to Licensee
to encroach upon and occupy a portion of the City"s Easement for tbo purpose of a Proposed Retaining Wall
(the "'Encroachmenr) as described in and at the location: shown on Exhibit "All but only to the: extent shown
thereon, Upon completion of the. Enwuhment, Licensee agrees totv responsible far maintaining the
Eneroaehmnt within and abovethe Easement. Licensee shall not .tx-pand-orb.thetwige cause the.Encroachment
to further infringeCit 'M in or. on . Y's Easement beyond what is specificaUy described' 4 the Exhibit(&) attached
hereto.
2.
All construction, maintenance and operation In Connection With such Encroachment, use "d Occupancy
shall be performed in strict compliance with this Agreement and the Clt3es Charter, Ordinances and Codes and
in accordance with the d.nw.-tions of the. Director of the Transportation. and. Publ4p Wo*s or the Director of the
CIky's Water Deparment,or his or. her duly AutbofiZedreprrepresentative. Ugense.e shall. sttbmait .all. plans an
d
specifications to: the, applicable Director or his or her duly authorized representative pdor to, the construction of
the Encroachment. Licensee . shall not comm.enco -construction of the Encroachment until.- receiving written
2015 Easenmt Ewmachmon; Agreomiow �t~onui rcJal Pago 1 Of 1. 1
Fossil, Creek Multifamily
Page 2 of 19
approval. by the Director, but such approval shall not rolleve Licensee of responsibility and liability for concept,
design and computation. in the preparation of -such plans. and specifications.,
0
Upon prior written notice to Licensee, except in, the case -of an emergency, Licensee agrees that City inay
enter :and utilize thee referenced- areas at any time for :the purpose of Justailing, ,repaking, replacing, or
maintaining. improvements to its public facilities or utilities., necessary for the, health, safety and welfare of the
public or -for any other public puVose. City shall beat no responsibility or, liability for any damage or dinup-tion,
or other adverse consequences resulting. from ft Encroachwat installed by Licensee, but City will make
'reasonable efforts to minimize such damagc, In the :event that any installatior4 reinstallati.O.�, relocation or
r of any existin
g -ng or fi turps utility or improvemenwowned construesby or on behalf -of the public or at
public expense is. made more costly by virtue of the construction; maintenance. orl.existence of the Encroachment
and use, Licensee shall pay to City an additional asnount equal to suchadditiorial cost as reasonably determined
by theDirector of Transportation and Public Wo*s or the, DhwWr of the Water Department,, or said Director's
duly authorized representative.
4.
Licensee agrees to pay to City at the .tune this Agreement .is requested .an: application fee of $325-:00 in
orderto defray all casts of inspectloa and supervision which City has incurred or will incur as a result of the.
construction, maWtenaace, inspection or management of The encroachments and uses provided. for by this
Agreement.,
2015 Easement Encrawhtnont.Agreets ew -Comnlemia I I
Crook, Multifamily Roy;,. 102017
Page 3 of 19
5:
The term of this Agreement shall .lie .for 30 years,. commencing on the date this Agreement is executed by
City. However, this Agreement shall terminate upon. Licensee's non-compliance with any of the terms of this
Agreement. City shall notify licensee in writing of the non-comphanec, and if.tLot:cured within 30 days, this
Agreement. shall be deemed terminated; unless such non-compliance. is not susceptible to cure, within .30 days,
in which_ case this Agreement shall be deemed terminated in the event that Licensee-fails.to :commence and take
such steps as are necessary to -remedy the non-compliance With 30 dqs after written notice specifying the same,
or having,%() commenced, thereafter fails to proceed diligently and With continuity to remedy sa m..
6,
It is further understood and agreed between, the parties hereto that the Basement to be used and
encroached upon as described herein, is held by City as: trustee for: the public, that City exercises such powers
over the Easement. as have: been delegated to it by the Constitution of the. State of Texas: of bly. the Texas
Legislature; wW that City cannot contract away its duity and its- legislative. power toico
ntrol the Eamentfor: h
use and benefit of the public. It is accordingly Agreed that if the goveming body of City may:at- any time during
the term hereof determine in its sole discretion to use or -..Cause or per
mit the Easement to sbe used for anv other
' '' : .1
public purpose., that does..not preclude the use of tbe Eocroachment -on, the.Prop oty, including but not being
limited to underground, surface or overhead conzrrlunicatioil, drainage, sanitary Se . w I eragp, transmission: of
natural gas or electricity, or any other public purpose
, whe ftr ;presently co
ntour- or not, that the parties.
agree to negotiate in good faith in, ordertoaccommodate the Facroachment and the public purpose.
7,
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY,
HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
AND ELECTED OFFICIAL$ 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 IMD OR. CHARACTER, ARISING OUT OF OR IN
CONNECTION WITH, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, V$Es EXISTENCE
'OR LOCATION OF THE ENCROACHMENT AND USES GRANTED HEREUNDER WHETHER OR
NOT CAUSED, IN WHOLE OR IN PA E OF �Mcn$ . . � RT-t, BY THE NEGILiGEN-C - C _ - , AGENTS
SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LJCENSEES, ELECTED
OFFICIALS, OR INVITEES: OF THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY
AND RESPONSIBILITY FOR SUCH CLAIM OR SMTS:v LICENSEE 911ALL LIKEWISE. ASSUME
ALL LIABILITY AND RESPONSIBILITY AND SHALL .INDEMNIFY CITY'Fft ANY AND .ALL
INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE
ENCROACHMENTSAND ANY AND ALL AM OR OMISSIONS OF LICENSEE, ITS OFFICERS,
AGENTS, :SERVANT!S,. EMPLOYEES,. CONTRACTORS, SUBCONTRACTORS, LICENSEES, -OR
INVITEES.
8.
While this Agreement is. in effect, licensee agrees to furnish City with :a Certificate of Insurance naming
City as certificate holder, as proof that it has secured vAd paid for a policy of public liability insurance coverigg
all publicrisks related to.. the proposed use wid oc cupady,61! public property as lwated anddewdibed mi.Exhibit
2015 134sexneat Encto V 4.1
Fossil Creek Multifamily lw"ll
Page 4 of 19
The amounts of such insurance shall be not Ion than
Uoffl%,000 Commerdal Geiteral Liability
with the understanding and agreement by LA.ce nsee. that such insurance aMunts may be To vis " (sd upward at: City, Q
I .. N7 V
option and. that Licensee shall. 5.0 revise such amounts Immediately following notice to Licensee of such
requirement. Such insurance policy shall not be canceled or amended without at least 30 days. prior written
notice to the :Building Official of the. City of FOA Worth. Acopy of such Certificate of Insurance is attubed as
Exhibit "B" and incorporated herein. for all purposes, Licensee agrees to submit a.similar Certificate of
Insurance: am ually- to City on the anniversary date of the. execution of this Agreement
Licensee agrees, binds and obhga..te, s, itself, its successorsand assigns, to maintain and, keep inforc.'e such
public liability insurance at all. times during the term of dus. Agreement and until, the removal of the
13-neroachment and the cleaning and restoration of the Easement.. All insurance, coverage required herein shall
include coverage of all Licensees.' contractors- and subcontractors:
9.
Licensee agrees to deposit with City when this Agreement is executed a sufficient sum of money to be
used to pay necessary fees to record this Agreement in the Real Property- Records of Tarrant County, Texas,
After being recorded, the -original dmU be returned, to the City.. Secretary of the City of Fort Worth.
10.
Licensee agreesto comply fully with all applicable federal, state and local laws, statutes, ordinances,
codes or regulations connection. with the, construction. operation and maintenance of the Encroachment and
uses.
1015 Easethent Enciroadbment -Agreement -Conimrcial No 4 of. I I
FOOD Cre*.Mu1tifanfj1.Y Rom 10/2017
Page 5 of 19
11.
,Licensee agrees to pay, promptly- when due all fees, taxes or rentals pro-vided for by this Agreement or by
any federal., state or local statute, law of regulation..
12.
Licensee covenants and agrees that itsbaH operate hereunder as: an, independent contractor as to all :rights
and privileges granted .hereunder and not as an. lofficer,. agent,servant -or em ployee of City, and Licensee shall
Dave exclusive -control of -and the exclusive. right to control :the details of its operations, and all persons
performing same,, and shall be. so.My responsible for the acts andomissions of its offikers, agents,, servants,,
employees, contractors, subcontractors., licensees and invitees.. The :doctrine of respond eat superior shall. not
apply as between City and Licensee, its officers, agents, servants,. employees, con -tractors and subcontractors,
and :nothing herein, 9hall be construed as cmwinga part.ndyslu'por-j"Ont enteq)dsebetwoon City andUtensee.
13.
Licensee agrees and acknowledges that this Agreement :is solely forthe purpose. of permitting Lidensee:
to construct, maintain and -locate: the Encroachment over .or within the Eas-eimni and is not a conveyance of any
right, title or interest in, or too the Easemootnor -.is it meant to oorrvay,a gy.rio. t to use or occuipy properly n which
a third party may have an interest. Licensee agrees that it will obtain. aff necessary permissions before occupying
SUCIS property-
14.
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 attorney's fees.
The parties agree that the duties :arid obligation contain-ed Sections 3 and 4 shall survive the termination
of this Agreemient,
16,
Licensee covenants and agrees.. that it will. =1 assign all or any of its. righKprivileges, or duties under
this Agreement withoutthe written approval of City, and any attempted. -assign= rl o
nt without such Itt - w n
approval shall be %void-. in the, event Licensee Conveys the Property, Litensee 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. Foreelosure. by a secured leader of Licensee orassigwrient. to a
secured lender by.Licensee in the event ofdefault or otherwise shal) not require appro)W,provided that said.
lender notifies City in writing within 60 days of such foreclosure or assignment and assumes all. of Licensees'
rights. and obligations bemunder. However,. no change of ownership due, to foreclosure: or -assignment to any
secured lender of Limusee stall be: effective As to City unless and until written natice of such foreclosure or,
assignment is provided: to City,
IT
2015 &sement Encroachment Agitement -to F$19105-001
Fossil:Creek Multifamily Rev. 1.012017
Page 6 of 19
Any cause of action for breach of Ws: Agreemat shall be, brought in Tarrant Cowity, Texa& This:
Agreement shall be governed by: the laws. of the State df Texas,
18.
This Agreement shall be binding upon the parties hewto, their successors and assigns.
SIGNATURES APPEAR ON FOLLOWING PAGE]:
2015.Easement Encroachment Agreemwt -Commercial- Page 6 of I I
Fossil Creek Multifamily 1=00
Page 7 of 19
THE AGREEMENT.maybe executed in multiple counterparts, each of Whitt 41I be Considem-d all
original, but all -of Which shall tonstitute one.instrunient.
City
IF TH
CITY OFa i.T
By -
Randle Harwood
Director
Planninan
evelopment
Licensee:
FOSSIL CREED D70PMENT PARTNERS, LLC
]BY:
r.
Steven J DeFrancis
Manager
As To Form. and Legality
M&C: JA
Contract Compliance Manager
1295.- rj) , A By signing I acknowledge that I am %the person
Responsible for the monitoring and Administration
il
Of this contractincludin g ensuring 41 performance
And reporting requirements,
Janie S-Morales
Developmeat Manager
2015 Sammout Fincroachinent Agreetnent -ConmfWal Pase Tof 1.1
Fossil Creek WWA mAly Rev. 1012017
Page 8 of 19
STATEOFTEXAS
COUNTY OF TARRANT §
This instrument was acknowledged before me on: I I A I ICA- — t) 201by Randle liwvood, Y
Director of the Planning and . Developrnent Departmerit of t9 City of Fort Worth, on behalf the City. of Fqrt
Worth.
/A IALQIKJ
N Y Publi tate. 6
p0buo. state et
ry
ID 11
After.Recurding Return to.:
Planning &. Devolopmout
Development Coordination: Office
200 Texas Street,
Fort Worth TX 76102
2015 Easemm Encroachment Agreement -Commercial Page 8. Gf 1.1
Fossil Creek M-ultifatuity Rey. 101,20.1.7
Page 9 of 19
STATE OF GEORGIA.
COUNTY OF FULTON
13EFORE ME, the undersigned authority, 4 Notary'Pubfic.. f.m. and fo
r the State,& G.orgia, on this day
personally 4ppeamd Steven: DeFrands, Manager, -known to me fQ be the person whose name is: subscribed to
the foregoing instrument, and acknowlcdged to me that helsbe executed, the same for the purposes and
consideration therein. expressed.,. as the act and deed of it and in: the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20. fir..
No_ Public in
State of
• ft) B .
00 .4 'Ir
120
o0iX lio 8F*%
201S Easement Encrmohment: AsteeMOnt -Comercial. Page 9 of. 1.1
Fossil 0eek Multifamily Rev. 10W17
Page 10 of 19
LEGALOESCRIPTION OF THE PROPERTY
Lot 1, Block 1, Fossil Creek Phase 2, an addition to the City :of Fort Worth,. Tarrant County, Texas
according to the plat thereof recorded in Cabinet A, Slide 11434t, Plat Records, Tarrant County, Texas
2015 Easement Encroacbment Agreement -Commercial. Vogt 10 of 11
Fossil Cre6k Multifamily Rev., 10/2017
Page 11 of 19
LEGAL DESCRIPTION
EASEMENT ENCROACHMENT
BEING a.:tract or land part
ostra,Oftyoiy,Texas; saidtractbeing. of: Lot IR, Block. 1, Fossil OrttkAdMian, anaddiflon to -the City of Fort -Worth accordng
to the plat recorded tn. Instrument.No. D216282308 of the Official Public: Record& bf Tarrant CoUn*, Texas and being.
more particularly described as follows:.
COMMENCING, at a 5/8-Inch iron. rod found in: the northeast line of Travertine: Lane (aprivate dnve) and the
southwest -line of said Lot 1R; said paint being the beglnrdbg of aturve-lo the right;
THENCE, along the said northeast line of Traverfina Lane and southwest be: of Lot IR .and along said curve to the
right having a central angle of 401151121 11, a radius 6f 168.00 faiK -an arc length of 119.80 feet and a long chord.
bearing, and distancept South 746352.9*' Eas . 1. 17.2-7 feet to, s. poin _t.4 i the n orl# Ono of a 15! Water Line Easement THENCE, North 604OWSO" East, departing: thes4id: nodhoast line of T.-ravertlod Lane.. and, southwest line oj Lot I R
and along the said, nqrth lime of the 1.6 Water -goof 2,99feet foth P0jNTOFBEGI_N.NIXG:
tno Fasom ant, a distance
THENCE North 50-O09'50" East, a cristaniceof 2.06 feet to a point at -the. beginning of a non -tangent curve to the right;
THENCE in a southeasterlyAlrectlon, with said curveto the: right, having a central angle of 5*04'461, a radlus. of
'1726.70fiaet, an arc length of 16,81 feet and a long -6hord'beaflng and distance of South 61"'17158" East; 15.31 feet,
THENCE South 50"09'50" West, a distance of: 2.02 feet to apoint at the beginning of a non -tangent curve to the left;
fromd. a said point another 5184nah iron rod found in the said :northe st-Ane of Travertine. Lane and southwest line of Lot
1R,hears South, $000V60" We,%t, -.a distanod of 2,96 faef thence -in .6outheaOtedy-0rection .61drig. safd'16840ot,radius
curve., a distance of 40,81 foot
THENCE In a northwegorly direction. with said curvoto the left, having a: centmi angle of.5*0879", a - radius .of 170.70
feetj an arc length of 15,32 feet and a long choral. bOaring and, dl�nce of North 5112609' Nast, 1 &.31 feet to the
POINT Of 13EMISINING.
t. ontaining 31: square feet or 0.0007 acres of land.
Bearing system biased on the. Texas Coordinate: System. of 1983, North Central Zone (4202), with an applied
com.bined scale factor at 1.00012.
A survey plat of evert survey date herWth accompanies this Mates and bounds desoVlor,1.6.
The undersigned, Registered Professional Land. Surveyor, hereby certifies that the foregoing description accurately
sets out the metes and bounds ofthe.-easementlract desdribe&
EASEMENT ENCROACHMENT
PART OF LOT I R, BLOCK, I
FOSSLO REEK ADDITION
DEWEESSURVEY
W.B.
ABST.JNO.396, CITY OF rORT
QLEO-BILUKSLEY
WORTH, TARRANT C OUNTY, TEXAS
MICHAEL CLEO RILUNGS4EY'
...... . ....... . ...
...........
REGISTERED PROFESSIONAL LAND.
65-58
SURVEYORNO. We
WMLtY-HORN AND ASS0.6ATES, INC
.
Ki
L-A
nurn
601 CHERRY'sTRtEY, uNrr 11. suiTE '1300•
FORTWORTH, TWS 76102
_'W:
PH, 817-,900-65218
f
1.040.14t
MICHAEL.BILLINGSLEYOKIMLEY-�HOR,N.COM
NA
wa I We AIS 1
144WQ
10F2
wrMOIAEL7113eQlSl:WFWXAFTW_SURVEY114XOMI-FCGMCFrANAM7WANLYCPFM1499GMILIXMarr:FoShILCREFi CAGREMENT.OW6
Page 12 of 19
EXHIBIT :"A"
Map of Encroachmmt and Em ment
2015 Eaent Encrowbwent. AVwm. ent -C .mm ,l Page, 11 of 11
Fossil Creek Multifamily Rev. IW017
Page 13 of 19
N
R=VM7.01
.0040
CB=N54*2609"W'\
-A=5*04'46"
RttzI723V
WT 11R, KOCK 1
FOWL CREEK AOUTION
(T.INS, N :. 0 2. . 8:62308)
EASEMENT
ENCROACHMENT
0.0007 ACRES
3SQ, FT.
21.02' V IWEAWNCY AND PUBLIC, ASSESS
EASEMENT & -15KIVE-WAYNAINTENANCE
AGREEMENT
(CAB, A, SL. '1149
Xoo- Q 8 1f1.1
40kti
LEGEND
R 04C.t; POINT OF COMMENCING
P'0-13. - POINT OF BEGINNING
:IRF - IRON.R.WfOOND
(C,K I IRF
CONTROLLING MOWMP
NOTE$
Bearing system based onthe T#yAt Coordinate System of 1983,Worth Central Zone (4202.); with anapplied combitted scalefactor ati.60012.
A metes and bounds desoription of.eyon sovey date herewith accot.npanies this survey plat
The undersigned, Registered ProlessWal tand Surveyor,,. hereby certifies that the foregoing description amorately. so(s 00 the ffiete.4 Wd bwnds
of the easement tract det&tbed..
EASEMENT ENCROACHMENT
PART OF LOT f , SLA
CK DCK I
FOSSIL CREEK ADDIITiON
W,B. DEWEES SURVEY
ASST. NO-. 306, CITY OF FORT
...... WORTR TARRANT COUNTY. TM(A
XAU-.y PIUL111 . .
MICHAEL CLEO BILLINGSLEY .................. ....................
REGISTERED PRQFE9$jONALLLAN113
56
,9URVEYOJi No. 6W8 6 KIMLEY-ASSOCIATES INC ��'� .)).Horn
HORN' AND
801 CHERRY STREMUNLIT 11, Sum 130 gy)
FORT WORM TWS 76102 WR
PH. 817-900-SM6
WICHAELBILLINGSLEYOK -MORN.COW1 2 OF2
. . IMLEY
�IIXINGSLFMIMIOKAEL 7A3018 1:59PM X4FTW 49600M"T M&'. CM% _�9tJRVEAI41A0W01 -FOSSIL CREEK NUL rIFAMJLM�4 -XAC'A*RS8N "r;DWM
Page 14 of 19
coRTLAWo Fam
cRaEKAPAFr-rmENTs
GRADING PLAN
1 OF
COKWO FAMORS
RAT MKM Ims"
10
swim
m
A
T
Vjmley*Hom
Avao**
it
-6� 10 51, abed
Page 16 of 19
N. PMRM- OW
. .. .............
4-
CT
4i
g j7
X'o
4.
f
' FOSSIL CREEK
r,vsaoom
SSWR WEMENTFOSSIL CkFrK
= a MULTIFAMILY ENCROA CHR ;;M eNT 7
EXHBIT
. .. .... .....
EXHIBIT B. REVISED
CERTIFICATE OF INSURANCE
Encroachment Assignment Agreement Page 11 of 11
Rev 12/2022