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HomeMy WebLinkAbout049017-CA1 - General - Contract - 4-Eleven Realty Partners and MMM&EM, LLCDate Received: 9/15/2025 Record Number: PN25-00128 3:55 p.m. 49017-CAl Time Received: City Secretary Number: ASSIGNMENT AND CONSENT OF ENCROACHMENT AGREEMENT City Secretary Contract No. 49017 THIS ASSIGNMENT OF ENCROACHMENT AGREEMENT ("AssignmenY') is made and entered into as of this 15tr day of September , 2025, by and between the CITY OF FORT WORTH, a Texas home-rule municipal corporation ("City"), 4-Eleven Realty Partners, LLC, a Texas limited liability company ("Assi�nor"), and MMM&EM, LLC, a- Texas limited liability company ("Assi�nee"). Sometimes herein City, Assignor, or Assignee may also be referred to individually as a"Party" or collectively as the "Parties." WITNESSETH: WHEREAS, the City entered into an Encroachment Agreement, City Secretary Contract No. 49017 (the "Encroachment Agreement"), on the 24th day of April, 2017, with Assignor, the owner of certain real property more particularly described in the attached Legal Description (the "Propertv") 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 15th day of May, 2017, as Instrument No. D217107211 in the Real Property Records of Tarrant County, Texas; details; WHEREAS, the parties wished to amend the Agreement to add additional sidewalk WHEREAS, the First Amendment to City Secretary Contract No. 49017-A1 Encroachment Agreement, was recorded the 18rh day of August, 2017, as Instrument No. D217191863 in the Real Property Records of Tarrant County, Texas; WHEREAS, Assignor desires to assign the Encroachment Agreement to Assignee. AGREEMENT: NOW, THEREFORE, for and in consideration of the above and foregoing premises and the mutual covenants, terms, and conditions herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Encroachment Assignment Agreement Page 1 of 9 Rev 12/2022 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 a11 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 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 `Bffective 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. Citv Development Services Department 100 Fort Worth Trail Fort Worth TX 76102 Attention: Director Encroachment Assignment Agreement Page 2 of 9 Rev 12/2022 Assi�nor 4-Eleven Realty Partners, LLC 8821 Chapin Road Benbrook, TX 76116 Assi�nee MMM&EM, LLC 1111 Elizabeth Boulevard Fort Worth, TX 76110 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 E�iibit "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: 4-Eleven Realty Partners, LLC a Texas limited liability company By: �%Q Name: Scott Clark Title: President Date: � //�/2 S/ STATE OF Tt � Q� COUNTY OF ���Q'� ,v � �� BEFORE ME, the undersigned thority, a Notary Public in and for the State of ��� , on this day personally appeared �X.O'rt G�1Llr� , 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 4-Eleven Realty Partners, LLC, a Texas limited liability company, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this , 2025. 1 v �ZOZ � �� ���' ��Sn6 Notary I�ublic in and for the MlZ9Z�� �'�{� b� 0,���'GAoN� , ,,,. State of �7l�� �eh,� h� : 4�*�''°'•- � �` -+: �: ��- `�a;,......��:: , A W la,�.` I Encroachment Assignment Agreement l ` � day of Page 4 of 9 Rev 12/2022 ASSIGNEE: MMM&EM, LLC a Texas limited liability company By: Name: M Englander Title: President Date: (� �� /� � STATE OF �� i��� § COUNTY OF T'��'✓�1'"� § BEFORE ME, the undersigned authority, a Notary Public in and for the State of � C��C�� on this day personally appeared Marty Englander, 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 MMM&EM, LLC, a Texas limited liability company, and in the capacity therein stated. GNEN UNDER MY HAND AND SEAL OF OFFICE this �� day of �, v� , 2025. � �� � / Notary ublic in and for the State of ( �` �� Encroachment Assignment Agreement S�� _y�� "�;:_ b � ' ' ��Y �• LAW . `: ;•. •�r:� MY f�b�, �D�{ � E OF tE�.`� N .�� . �22�313 .� , �� �9�sF 21, 2027 � � � 1 Page 5 of 9 Rev 12/2022 EXECUTED to be effective on the date signed by the City's Directar of Development Services Department APPROVED AS TO FORM AND LEGALITY: %�w�� Hye Won Kim City Attorney's Office Date: 09/07/2025 ATTEST: yrIa�.�. % ..�b-�`�n.n �' V 9Fo�nIl ►rr °�a as°���� °°�!Y�ada c°�a ��d dVo o=� PpQ'f° °o*od' a°an nEXP?oap Jannette Goodall City Secretary (M&C not Required) Date: CITY OF FORT WORTH Dalto�� rrcll (Se�S324 CDT) D.J. Harrell, Director of the Development Services Department 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. a��� Kandice Merrick Development Services Manager Date: 09/02/2025 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Encroachment Assignment Agreement Page 6 of 9 Rev 12/2022 �_�:1 i.`l J_l!f ��l�J .l�J � r''lIJ � O1�1.� r�i'L�J .� �: lIJ �I �I l�J �111.`191IJ\I A'�1 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 15th day of September 2025. , W2�r�fy �ea��,tCee ,�. �,-,,5�,, ���������. Notary Public in and for the State of Texas � Wendy Beardslee �j�, My Commisslon Expiras `�Xl * TI2812029 Notary ID133237193 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 Page 1 of 20 ,� ,�,,`� `:u���€�ED �',. �: r �i 2 5 2or1 �� �' RIGHT OF WAY J=;�RTH w ,: , �„��py � ENCROACHMENT AGREEMENT ��? (COMMERCIALJ CITY SECRETARY . CONTRACT N0. �� , j � . . .....� g3 y, % � �I��AGREEMENT is made and entered into by and between the City of Fort Worth, a home rule municipal corporation of Tarrant County, Texas ("City"), acting herein by and through its duly authorized City Manager, its duly autharized Assistant City Manager or Planning and Development Department Director, and 4-Eleven Realty Partners, LLC, a Limited Liability Corporation "Licensee", acting herein by and through its duly authorized President, the owner of the real property located at 411 South Main Street, Fort Worth, Texas 76104 ("Property"). RECITALS WHEREAS, Licensee is the owner of certain real property situated in the City of Fort Worth, Tarrant County, Texas, mare particularly described in the attached Legal Description of the Property; and WHEREAS, the City has a street, alley, sidewalk, and/or other public right-of- way (individually or collectively, the "Public Right-of-Way") adjacent to the Property as shown on the map attached to this Agreement as Exhibit "A" and incorporated herein for all purposes; and WHEREAS, Licensee desires to construct/place and maintain certain improvements which will encroach onto the Public Right-of-Way; and WHEREAS, City will allow the encroachment under the terms and conditions as set forth in this Agreement to accommodate the needs of the Licensee, NOW, THEREFORE, the City and Licensee agree as follows: AGREEMENT 1. City, in consideration of the payment by Licensee of the fee set out below and covenants and agreements hereinafter contained, to be kept and performed by Licensee, hereby grants permission to Licensee to encroach upon, use and/or occupy portions of the space under, on, andJor above the City's Public Right-of-Way to construct/install and/or allow to remain, certain improvements for the purpose of renovation of an existing building for lease spaces for retail, restaurant, and events (whether one or more, the "Improvements") as described in and at the location shown on Exhibit "A" but only to the extent shown thereon. Upon completion.of the Improvements, Licensee agrees to be responsible for maintaining the Improvements. Licensee shall not expand or otherwise cause the Improvements to further infringe in or on City's Public Right-of-Way beyond what is specifically described in the Exhibit(s) attached hereto. 201 S ROW Encroachment Agreement -Commercial Page 1 of 12 . — rev. 02/2015 TARRANT - TTS, TX Document:EAS 2017.107211 Page:l of 20 Printed on:12/17/2024 2:22 PM Page 2 of 20 2. All construction, maintenance and operation in connection with such Improvements, use and occupancy shall be performed in strict compliance with this Agree�nent and the City's Charter, Ordinances and Codes, and in accordance with the directions of the City's Director of Transportation and Public Works, or his or her duly authorized representative. Licensee shall submit all plans and specifications to the applicable Director or his or her duly authorized representative prior to the construction of the Improvements. Licensee shall not commence construction of the Improvements until receiving written approval by the Director, but such approval shall not relieve Licensee of responsibility and liability for concept, design and computation in the preparation of such plans and specifications. 3. Upon completion of the construction and installation of the Improvements, there shall be no other encroachments in, under, on or above the surface area of the Public Right-of-Way, except as described herein and depicted on Exhibit "A". 4. Licensee, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or future utilities affected by such encroachment, use and occupancy, including the securing of approval and consent from any affected utility companies and the appropriate 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, 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 such encroachment and use, Licensee shall pay to City an additional amount equal to such additional cost as determined in the reasonable discretion of the Director of Transportation and Public Works, or his or her duly authorized representative. 5. Upon prior written notice to Licensee, except in the case of an emergency, Licensee agrees that City may enter and utilize the referenced areas at any time for the purpose of installing, repairing, replacing, or maintaining improvements to its public facilities or utilities necessary for the health, safety and welfare of the public or for any other public purpose. City shall bear no responsibility or liability for any damage or disruption or other adverse consequences resulting from the Improvements installed by Licensee, but City will make reasonable efforts to minimize such damage. In the event that any installation, reinstallation, relocation or repair of any existing or future utility or improvements owned by, constructed by or on behalf of the public or at public expense is 2015 ROW Encroachment Agreement -Commercial Page 2 of 12 — rev. 02I2015 TARRANT - TTS, TX Document:EAS 2017.107211 Page:2 of 20 Printed on:12/17/2024 2:22 PM Page 3 of 20 made more costly by virtue of the construction, maintenance or existence of the Improvements and use, Licensee shall pay to City an additional amount equal to such additional cost as reasonably determined by the Director of Transportation and Public Works or the Director of the Water Department, or said Director's duly authorized representative. 6. Licensee agrees to pay to City at the time this Agreement is requested an application fee of $325.00 in order to defray all costs of inspection and supervision which City has incurred or will incur as a result of the construction, maintenance, inspection or management of the encroachments and uses provided for by this Agreement. Licensee agrees to pay a fee in the amount of $.56 per square/linear foot of the encroachment area upon execution of this Agreement and annually thereafter. 7. The term of this Agreement shall be for 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-compliance, and if not 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 within 30 days after written notice specifying the same, or having so commenced, thereafter fails to proceed diligently and with continuity to remedy same. S. Upon termination of this Agreement, Licensee shall at no expense to City remove the Improvements encroaching into the Public Right-of-Way, and restore the Public Right-of-Way to a condition acceptable to the Director of Transportation and Public Works, or his or her duly authorized representative, in accordance with then-existing City specifications. It is understood and agreed by Licensee that if this Agreement terminates and Licensee fails to remove the Improvements and restore the Public Right-of-Way, Owner hereby gives City permission to remove the Improvements along with any supporting structures, restare the Public Right-of-Way, and assess a lien on the Property for the costs expended by the City in taking such actions. 9. It is further understood and agreed between the parties hereto that the Public Right-of-Way 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 public right-of way as have been delegated to it by the Constitution of the State of Texas or by the Texas Legislature; and that City cannot contract away its duty and its legislative power to 2015 ROW Encroachment Agreement -Commercial Page 3 of 12 . — rev. 02/2015 TARRANT - TTS, TX Document:EAS 2017.107211 Page:3 of 20 Printed on:12/17/2024 2:22 PM Page 4 of 20 control the Public Right-of-Way for the use and benefit of the public. It is accordingly agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the Public Right-of-Way to be used for any other public purpose, including but not 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 this Agreement shall terminate upon 60 days' written notice to Licensee. In the event this Agreement is terminated under this Section 9, Licensee shall perform the obligations regarding removing the Improvements and restoring the Public Right-of-Way described in Section 8. 10. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain and locate the Improvements over ar within the described Public Right-of-Way and is not a conveyance of any right, title or interest in or to the Public Right-of-Way nor is it meant to convey any right to use or occupy any property in which a third party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. 11. Licensee agrees to comply fully with all applicable federal, state and local laws, statutes, ordinances, codes or regulations in connection with the construction, operation and maintenance of the Improvements, encroachment and uses. 12. Licensee agrees to pay promptly when due all fees, taxes ar rentals provided for by this Agreement or by any federal, state ar local statute, law or regulation. 13. Licensee covenants and agrees that it sha11 operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant ar 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. 14. 2015 ROW Encroachment Agreement �Commercial Page 4 of 12 rev. 0212015 TARRANT - TTS, TX Document:EAS 2017.107211 Page:4 of 20 Printed on:12/17/2024 2:22 PM Page 5 of 20 � LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HERESY 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, ARISING OUT OF OR IN CONNECTION WITH, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF THE IMPROVEMENTS AND ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY 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 IMPROVEMENTS AND ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. 15. 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 and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as described or depicted in Exhibit "A". The amounts of such insurance shall be not less than $1,000,000 Commercial General Liability with the understanding and agreement by Licensee that such insurance amounts may be revised upward at City's option and that Licensee shall so revise such amounts promptly 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 Fort Worth. A copy of such Certificate of Insurance is attached as Exhibit "B" and incorporated herein for all purposes. Licensee agrees to submit a similar Certificate of Insurance annually to City on the anniversary date of the execution of this Agreement. Licensee agrees, binds and obligates itself, its successors and assigns, to maintain and keep in farce such public liability insurance at all times during the term of this Agreement and until the removal of all encroachments and the cleaning and restoration of the Public Right-of-Way. All insurance coverage required herein shall include coverage of all Licensees' contractors and subcontractors. 2015 ROW Encroachment Agreement -Commercial Page 5 of 12 . — rev. 02{2015 TARRANT - TTS, TX Document:EAS 2017.107211 Page:S of 20 Printed on:12/17/2024 2:22 PM Page 6 of 20 16. Licensee agrees to deposit with the City when this Agreement is executed a sufficient sum of money to be used to pay the fees to record this Agreement in the Real Property Records of Tarrant County, Texas. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. 17. 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. 18. Licensee covenants and agrees that it will not assign all or any of its rights, privileges or duties under this Agreement without the prior written approval of the City, and any attempted assigrunent 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 ar assignment to a secured lender by Licensee in the event of default or otherwise shall not require City approval provided that said lender notifies City in writing within 60 days of such foreclosure or assignment and assumes all of Licensees' rights and obligations hereunder. However, no change of ownership due to foreclosure or assignment to any secured lender of Licensee shall be effective as to City unless and until written notice of such foreclosure or assignment is provided to City. 19. THE PARTIES AGREE THAT THE DUTIES AND OBLIGATIONS CONTAINED IN PARAGRAPH 8 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 20. Any cause of action for breach of this Agreement shall be brought in Tarrant County, Texas. This Agreement shall be governed by the laws of the State of Texas. 21. This Agreement shall be binding upon the parties hereto, their successors and assigns. 2015 ROW Encroachment Agreement -Commercial Page 6 of 12 rev. 02/2015 TARRANT - TTS, TX Document:EAS 2017.107211 Page:6 of 20 Printed on:12/17/2024 2:22 PM Page 7 of 20 [SIGNATURES APPEAR ON FOLLOWING PAGE] 2015 ROW Encroachment Agreement -Commercial Page 7 of 12 rev. 02/2015 TARRANT - TTS, TX Document:EAS 2017.107211 Page:7 of 20 Printed on:12/17/2024 2:22 PM Page 8 of 20 THIS AGREEMENT may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. City: CITY OF FORT WORTH, : Director Licensee: 4-Elevn Realty Partners, LLC --- - � By: ____ Name: Scott Clark Title: President 1711 Sth Avenue, Fort Worth, TX 76110 Planning and Development Department Date: �( /�u''[ . 20� ATTEST: City Secr y Approved As To Form and Legality ! /�-- ����t'��. � Assistant City Attorney -���"��Rr� V : '�� * :2 .* ��'XAS � 2015 ROW Encroachment Agreement -Commercial Page8of12 rev. 02/2015 TARRANT - TTS, TX Document:EAS 2017.107211 Page:8 of 20 Printed on:12/17/2024 2:22 PM Page 9 of 20 STATE OF TEXAS § COUNTY OF TARRANT § � . �j This instrument was acknowledged before me on ���, , 2017 by Randle Harwood, Director of the Planning and D lopr�ient Department f the City of Fort Worth, on behalf the City of Fort Worth. �` ,,,,,��;.,; . .` �.:- �=-:-�-.:_.-_:�:�` n . •ary Public, State of Texas � : r : 4rfi: �"t`i S'it;{S�A is., C.�.+. �;�': 26t f. G,� y, ti��y Nr.!t;; , c��:'c:i� w. Ji�?tE: a;; �..Xt7S _ �o •�i"iy.~ #y.iv��'`'�f�. ^(?FY}'.IFCI;$ j �:... �.' �yS�,7f ", �w�'� 7 i::i:.�•'�� ;�iC:'\�.....��....� .. i,,,��'" ' �,�„ „. .,�.,, . After Recarding Retum to: Cassandra Foreman Planning and Development Department 1000 Throckmorton Street Fort Worth TX, 76102 2015 ROW Encroachment Agreement -Commercial TARRANT - TTS, TX Document:EAS 2017.107211 Printed on:12/17/2024 2:22 PM Page9of12 rev. 02/2015 Page:9 of 20 Page 10 of 20 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 Scott Clark, President, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of 4-Eleven Realty Partners, LLC, a Limited Liability Corporation, and in the capacity therein stated. C,�, VEN ITNDER MY HAND AND SEAL OF OFFICE this �� day of ��� .Zo��. � ����. � � �4].'� �1l:..,'3rd�1EJM:.Cii;)���� .�.- '�: _ ������ ���� Notary Public in and for the Not�ry Publio � =�, �� StAiE 06 T�XAS �� State of Texas :'��k o� h'� My Comm. Fxp. Mey I A. 2018 : � .. ..............:......,..,...........,......_- 2015 RO W Encroachment Agreement -Commerciat Page 10 of 12 rev. 02/2015 TARRANT - TTS, TX Document:EAS 2017.107211 Page:10 of 20 Printed on:12/17/2024 2:22 PM Page 11 of 20 LEGAL DESCRIPTION OF THE PROPERTY 2015 ROW Encroachment Agreement -Commercial Page 11 of 12 rev. 02/2015 TARRANT - TTS, TX Document:EAS 2017.107211 Page:l l of 20 Printed on:12/17/2024 2:22 PM Page 12 of 20 EXHIBIT ��A" Location and Description of Encroachment and Improvements 2015 ROW Encroackunent Agreement -Commercial Page 12 of 12 rev. 02/2015 TARRANT - TTS, TX Document:EAS 2017.107211 Page:12 of 20 Printed on:12/17/2024 2:22 PM � O N � � M � � � a T,oJ E,a aw �� �.. oE,w�, � E .m�, � �o� §�� E� ,�a� , I ��I�q --��i 7- � NP HAnIi�fFYQIF �f�=��A'I�IfFfF't1KflAAAVhT41R �µ� wui —+� sxEwwurv.EExwo� �?�fo,ui casac<.un ,,� ..e.,o.��. .,_ � .�.. �:�.�.�. � .�_M CITF GI AN KFYFfI N(1TFCC�A.IyFf:Fl.Ifl�c'�,a. '•o.•rv,••�••� 6 R(1(1F (;FNFR41 N/1TFC EXISTING 9UILDING ���' � F '� I �,.� x � �� � , i � : �i ,< ,� I A I � ��� +� Ifi,: rs I 7 � ti�E , ,o,E�w,ou�wE,�=,00...o�,�.�s�„,,._ � i$ °"��� wu�ww�z ar nWFvwna'� „ 4� RnnF 1 nnncR nFTnll I 5 t_I InRnRGlI ncT611 I 4 HAIJIIRAII IIFTAII �-,0 1 ,.,., 1 I EXISTINGBUILDING �I II � Q� OUT�OORAREA � O NFW H � . �.',, r_" ' L_ ��.�. a �' � �. � � '� �� � > - , � o w = °= � � -- - L___`__i.__ W � � � � r � i � ; I � I il������ j�ill+ �d ', ' �a� Ili',°�.�� I � � � (n or � �i � i � � � � '� �I ��d� �� �°�f ���+, � i �� � , � Z � a'i � iw �s 1 � ,,,a i 3 i RDOF � TC �� AGT12 � �� � � ,_ � �� , �i—� , o�� �. � 4 K � � 1� '` �ITRnC7 r '�' � „ � � _ P I � �"TWG � �� EXISiING ill�„E ��I i I� �' � � �� C RGk7F �ORAINqGE � OUiDOOR AREA &�� � � i� 3' e I,I � � I 1� �MAIN � ', ', � DRAINAGE i0 REMAI! iI d� � uI1fl�I� ' �� �' � � —y � `����tll� I41 ll iI k�' I�k�`� �3 4 � � �� ,.�� I � � ! II ( � � � l. 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I� �� � II - O i a NG � ��� W o ealloce � . � � h�AW � z w � b w � � �, . ���� ,..� � � � ¢ '�,. o Q3 m �4 dd. �� � � � �p ` i— � �; � I IP � Y (�� ' I � 3 4,I I ., • C II I � �j -0 o �� 1 Y � ¢ � w �i o � � � ��'>>� ` w O-� b � Y ¢ � II • ,m,o�i „ � a, ��,w��.�, � d<,m� V � o N � r- z � r�..1-- Qc � V G 2 w j � � � O 3 � � v Q � �� TM $IiE PtAN/ ROOF PLAN ��Al .00 t�pED q�1 �!��i � '�j + �5 P � b � �. a � �� ¢ a � z � � N � J � N� N -� �� N � N � N n � � � � a � N 0 � 0 � N ..+ r b � � � � 0 � N O $" e„�.�„- � � �, .�. �«.� 9w v„o� I " -,.. _ .. � �� e. ;�.� � ��—� �, � �1�\\\\\\\\\\\\\\\�� ��� , �� i i � i $t ...�w-;-oo �� ao k oo � �— �I `���.�,.e,w�.—� WEST ELEVATION CANOPY 1 CANOPY 2 CANOPY 3 a—�,. � �� t _ � mp i� a �i �-�� -�� ���i ffo..o� � �o�,. � o� ..,�.M. � „J Y� Y r `F u , Y �. � � � � � . ,� _ _ _. .,,.w I � � _ I � � I, I_ II , I r_ �.. ' I � ' I ��, .�� � � i� �'w �� v,.� ,� � � � � ° � , ' � � ��i � '� � � ` � _ , � i � '� �j I � u , I ` I,' I � � I�G � I� I i 1-; -�I, ll;: � I ��.� . .� �,.o... � � _ � i , �_ � , � �� i '� "� ' I I' II �� I i� Ii � �� il� i i j;l �i I ;i ,� i .E, .� I G i ' ,a i ,� ; � I �, ; . � i I� _ � . � i I _ �_ _ l �,I �� i 1 � �� . d:-:— i __ _ _ KR�,,.�... �I � — --- -- --- — — —.,.:., ..� �.,,��,.�+-- � _� � �� �� � � f�a � ���... t��.,��.. . ELECTRICAL PANELS SOUTH ELEVATION 411 S MAIN STREET ENCROACHMENT ELEVATIONS 1 /16 " = 1'-0" 2/7/ 17 � pl � �D �P O —„ N O Page 15 of 20 EXISTING UTILITY POLE _ (PROTECT� __ ___ IN PLACE) _ _ / _ / _ . _ .._ � �� . EXISTING RETAINING WALL TO REMAIN ,` �� � �/ / % �� � + � \ '',, � PROPOSED 6" DIAMETER /` 3�3% rw:sa�.sz PIPE BOLLARD, SET IN/ � 4° —�ew:sa5.s2—�� CONCRETE 3' BELQW GRADE. - � - �1w:sas.3o ; _ EXTEND 4' ABOVE GRADE ��� �� '_� PAINTED OSHA Y�OW � EXISTING l!� _�� , .— —, , BUILDING PROPOSED RETAINING 33.3�y, WALL � 75 SF CONCRETE � DUMPSTER PAD i � �, EXISTING � � � RIGHT OF J���� �� _, _ ,-i i-i i _- TW:649.47 -�- _ BW:645J6- � - TW: 648 37 , ,� 7 5 .._. ��� �� � WAY EXISTING i CONCRETE i RETAINING WALL EXISTING TO REMAIN VEHICULAR ENTRANCE "' , ., , � 0 � TP: 644.48t � � � (rnnrcH Ex) �i � , =TP:644.98f(EX) I liifii a � _ —EXISTING " �� ROCK WALL �` � �TO BE � � = REMOVED 'o -1 I��� � � w � Z -� w� >� Q� TP:645.72t(EX) Z O _Irj I � � Ij TP:645.44t m - � (MATCN EX) I MATCH EXISTING GRADE ALONG SAWCUT , PROPOSED GUTTER ' PAN PER FORT WORTH STANDARDS �EXISTING EDGE OF ASPHALT LEGEND: rP:s5o.00 PROPOSED TQP OF PAUEMENT ELEVATION BW:650.00 PROPOSED BOTTOM OF WALL ELEVATION Tw:sSo.ao PROPOSED TOP OF WALL ELEVATION 5 0 5 I — — SCALE: 1" = 5' ISSUEDATE: 02-2L1017 �PROJECT#:161707 DAiE REVISIO COMMENTS � f ////� 10 �� iii l i l iii � ASPHALT SAWCUT & PATCHBACK 8" PORTLAND CEMENT CONCRETE 3,600 PSI AT 28 DAYS REINFORCEMENT: #3 C� 18" O.C.E.W. NOCHANGESARETOBEhV�ETOTGq WINGWITHOUTWRITTENPERIAISSI�NOFNARRISKOCHE0.5h71TH. HARRIS DSN'�BY: A7M KOCHE2 CHK'� BY: ATM ICE & WILLIAMS 411 SOUTH MAIN ST. SMITH ORAWNBY: ATM SITE GRADING PLAN '°'Fo�WOM Tezasss',oz16 S"t""° P; 811.]69.62�9 F: B7� ]69.6298 161107 HartiSKocherSmiN.cOm T9PE FimW�. F-15501 � TePLS FimW'.10196145 �� i TARRANT - TTS, TX Document:EAS 2017.107211 Page:15 of 20 Printed on:12/17/2024 2:22 PM Page 16 of 20 PROPO SANITi . CLEAN( . INV = 64F N 5LF� PVC � INLET INV = 64E MANHOLES SHALL BE 24" DIAMETER TRAFFIC RATED CASTIRON PER PARK DETAIL GT-1. MANHOLE LIDS TO BE BROUGHT TO EXISTING GRADE EXISTING BUILDING �j / OUTLET INV = 648.08 EXISTING �5 LF � 6"� RIGHT OF � �, , �" � I '� � I �� 1 ; �E 50' ROW f ' i,- I � `'' � ' ti ;, t I � ; � � ' ` � � �' '' ' i '. �. ! 4` PROPOSED PA�RK GT-3000 i� ��� �"� ��,t �� GREASE INTERCEPTOR OR � � ! � r '� APPROVED EQUIVALENT TOP OF LID = 649.58f � BOTTOM OF STRUCTURE = 641.58f i AREA = 91 SQUARE FEET , ' � -_ , _�--- � ` r� � � � � � � � � � °• i ` �� � � � i -• EL:651.84(EX) � ` � � ' ' EL:651.88(EX) � i I� , '-- -�;� �' ; � � ,-�� I �- EX{STING - I ,iu j EDGE OF �t' �,� I �=z ^' ASPHALT �?, � EXISTING WATER i w o' WAY (TYP)�_ _ � PRO OS b ��� i METER TO BE �Q � " SAMPLE WELL � i��� �� �� � E REMOVED i � ZQ o� INV = 648.03 � ` EXISTING '�-� " ', r LID = 652.04f UTILITY POLE m � 15 LF � 6" i TO REMAIN i i � � PVC � 1% ! I � ; _ .: . ,> . ___ � . I � _ _ , �..� , _ �___. � PROPOSED '10-0'CLOCK" � _ _ � . . - < ,. � _. _ _ _ ' WYE ` CONNECTION TO MAIN SANITARY SERVICE INV� = 647.88 MAIN INV = 646.05f EXISTING 8" SS � 3.65� PER FORT WORTH PROJECT X-14304 NOTES: 10 0 10 � � i � � SCALE: 1" = 10' ISSUEDATE:02-214017 PROJECTk:161107 � DATE REVISIO COMMENTS ICE & WILLIAMS TARRANT - TTS, TX Document:EAS 2017.107211 Printed on:12/17/2024 2:22 PM 1. ALL EXISTING INFRASTRUCTURE INCLUDING SIDEWALK TO BE REPLACED AS NEEDED. EXISTWG GRADES SHALL BE 20 PRESERVED. ; 2. CONTRACTOR SHALL BE RESPONSIBLE FOR TAKING NECESSARY PRECAUTIONS TO PROTECT EXISTING BUI�DWG FROM DAMAGE DURING CONSTRUCTION. NOCHPNGESARETOBEMADEiOiHIS�RAWINGWITHOUiWRITTENPERM1115510N �FHARRISKOCHERSURH. I HAR215 DSN'D BY: ATM KOCHE2 CHK'DBY: ATM 411 SOUTH MAIN ST, Sn�ITH DRAWNBY: A7M GREASE INTERCEPTOR EXHIBIT 701FohWotlhTexa51610216 5'�""° P:81].7fi9.6279 F.817,769.fi298 161107 HarriSKocherSmith.com TgPE Fi�mA'. F�15501 • TBPLS FrtMt:10194145 p a 2 Page:16 of 20 Page 17 of 20 � W W L.L.. � v! Z Q � � � r O �r / . � O � 0 � �--f�— ���I / / � / I / / � / 'I;' / : / � I IA j � � I � / ,I / � / ,I : / / � I � � � _ ,,�. I ;,, s-0 I �_ b . / � �_ � I I I ` I I ( � I I / � % I I � 'I I � � II I / I � I / I� � - � � 411 S MAIN STREET ENCROACHMENT FLOOR PLAN TARRANT - TTS, TX Document:EAS 2017.107211 Printed on:12/17/2024 2:22 PM CANOPY 1 = 110 SF CANOPY 2 = 32 SF CANOPY 3 = 29 SF ELECTRICAL METERS = 3 SF DUMPSTER = 83 SF GREASE TRAP = 91 SF TOTAL = 348 SF ---- -- -� 1 : � � 1 � �: //I _ ' .... _: /H � / �/�/ � ' j , . . . ' -r--��:. f • PR PERTY LINE / BUILDING LINE � , . . ...�- . . ., I, 5-0' �r 16' ALLEY � 1 /8 " = 1'-0" � 2/7/17 ��i Page:17 of 20 Page 18 of 20 ��'�"1 ICE�W-1 OP ID; ES '`�� R�� , CERTIFICATE OF LIABILITY INSURANCE I�oaiosi2o� THIS CERTIFICATE IS ISSUEO AS A RAATTER OF INFORPAATION ONLY ANp CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATNELY OR NEGATNELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(Sj, AUTHORIZED REPRESENTATNE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certiflcate hoider is an ADDIT40NAL INSURED, the poBcy(iesy must be endorsed. If SUBROGATION iS WAIVED, subJect to the terms and condftions of the policy, certain polfcles may requka an endorsemeirt. A statement on this certiflc�e does not corrfer rlgMs to the certfflcate holder in lieu of such endorsement(s►. PROOUCER CUNTACi � ruME: Elizabeth Sommers Kllpatrick Insurance PHONE F�% Agency, Inc. � u�o. e.s: 817-731-8771 � puc, Na�: 817-731-0520 2410 Montgomery strael aooRess: elizabeth�ikilpatrickinsurance.com Ft. Wotth, TX 76107 AIB7( AfI37f5 INSURER(Sj AFFOROMG COYERAGE NAIC f �►,su+xERn: Evanston Insurance Company 35378 INSURED Ice 8 Williams, LLC iwsua�Re: 4-Eleven Realty Partners LLC INSURERC: James Ice 1700 6th Ave I INSURERO: Fort Worth, TX 76110 I�NSURERE: I INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION Nl1MBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE 1NSUftED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY RE�UIREMEPIT, TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENT WITH RESPECT TO WHICN THIS CERTIFICR7E MAY BE ISSUED OR MAY PERT 11N, THE INSl1RANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLIC ES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 7ypE OF INSURANCE ADOL SUBR POLICY EFF POIiCY EXP ��M�� LTR IN3� }Xv[l POLICY NUMBER tMMI�OIYYYYI @7M(DONYYI1 A X COMMERC4il. GENERAL LIABILITY EACH OCCURRENCE I S 'I �OOO,OOO � CLAIMS-MnDE � occurt X 3AA129547 ��GEN'L AGGREGATE LIMIT APP�IES PER: � POLICY ❑ PR� � LOC JECT I OTHER: AUTOMOBILE LIABILtT'/ ANY AUiO ALL OWNED SCHEDULED AIIrOS AUTOS NON OWNED HIREDAUTOS AUTOS UMBREL4A LIAB I I OCCUR E%CE3S LIAB � � GLAIMS-MADE DED I � RETENTION $ WO ERS cQMPENSATION AND EMPLOYERS' LIABILT' Y f N ANY PROPRIETOWPARTNERIEXECUTIVE OFFICERIM�MOERCXCWOED? � N��+ (ManAatory In NH) If yes, desCnbe under DESCRIPTION OF OPERATIONS below 03N 7(2017 03(i 7/ZOi S DMMGE TO RENTED I .� 00,00� PREMISES (Ea occurrenceJ $ I MED EXP (Any one Derson} I$ ����� � aeRsoriw a aDv iN�uRv g 1,000,000 I GENERAL AGGREGA7E $ 1�OOQ�OOO I PRODUCTS - COMPlGP AGG $ Excluded COMBINED SINGLE LIMIT $ (Ee accidenti BODILYINJURY(Perperson) $ BODILYINJURY(PeraccidertJ $ PROPERTY DAMAGE $ (Per accldent) IEACN OCCURRENCE $ IAGGREGATE $ I $ I I S ATUTE 1 I RT� I EL EACHACQDENT $ E�.DISEASE-EAEMPLOYEE $ E L. DISEASE - POLICY LIMIT $ �ESCRIPTtON OF OPERATONS t LOCATIONS 1 VEHICLES (ACORD 107, Additlonal RemerNa Schedule, msy be aUachetl Ifmoro space is reqWre� CERTIFlCATE HOLDER CANCELLATION CITOF-1 SHOULD ANY OF THE ABOVE DESCRIBED POLfGEB BE CANCELLED BEFORE CI of Fort WoRh De artment THE EXPIRATION DATE THEREOF, NOTICE NALI. BE DELIVERED IN tY P ACCORDANCE YYITH TNE POLICY pROVISIONS. cf Development David Schroeder, Planner pU7HORREDREPRESENTATNE 1�00 Throckmorton Fort Worth, TX 76102 � �-�.1��� i OO 1888-2014 ACORD CORPORATION. AII rights reserved. ACORD 25 {2014/01} TheACORD narne and logo are registered marks ofACORD TARRANT - TTS, TX Document:EAS 2017.107211 Printed on:12/17/2024 2:22 PM Page:18 of 20 Page 19 of 20 Cos�tract 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. [/_ ' ' jr . !� • • • • - � " . �t. ./ // i� / 1 M TARRANT - TTS, TX Document:EAS 2017.107211 Page:19 of 20 Printed on:12/17/2024 2:22 PM Page 20 of 20 MARY LOUISE GARCIA .�l,,.��,�` L COUNTY CLERK � � �; ,x �,. ��,�� � � + � � •«....,.•. CITY OF FORT WORTH ALEX PARKS 1000 THROCKMORTON STREET FT WORTH, TX 76102 Submitter: CITY OF FORT WORTHJDEVELOPMENT & PLANNING DO NOT DESTROY WARN/NG - THiS iS PART OF THE OFFICIAL RECORD. Filed For Registration: Instrument #: By. c,. +9-e�-� �iu u.c. 5/9 5/201 7 8:08 AM D217147211 OPR 20 100 West Weatherford Fort Worth, TX 76196-0401 PHONE (817) 884-1 f 95 PGS $88.00 D217107211 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERP,L LAW. TARRANT - TTS, TX Document:EAS 2017.107211 Page:20 of 20 Printed on:12/17/2024 2:22 PM � Page 1 of 10 CITYSECRETARY� � � � , CONTRACT N0. ��J � �" I FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 49017 ENCROACHMENT AGREEMENT This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 49017, ENCROACHMENT AGREEMENT is made and entered into by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, acting herein by and through its duly authorized City Manager, its duly designated Assistant City Manager or Planning and Development Di'rector, hereinafter referred to as the "City," and 4 Eleven Realty Partners, LLC, acting herein by and through its duly authorized representative, hereinafter referred to as "Licensee". RECITALS WHEREAS, the City of Fort Worth ("City") and Licensee made and entered into City Secretary Contract No. 49017 on Apri125, 2017 (the "Agreement") to authorize the use of right-of- way for the construction of features to be located in the public right-of-way; and WHEREAS, the parties wish to amend the Agreement to add additional South Main sidewalk details; and WHEREAS, it is the mutual desire of City and Licensee to execute this Amendment to the Agreement to revise the e�ibit in the Agreement to depict the revised encroachment area; NOW THEREFORE, City and Licensee, acting herein by and through their duly authorized representatives, enter into the following that amends the Agreement: 1�. Exhibit A-1 is hereby attached hereto and incorporated herein to the Agreement, consisting of a revised description of the encroaching improvements. First Amendment to CSC No. 49017 4-Eleven Realty Partners, LLC '��.0 ,�+ '�!�' ��/� C/��.cF, !� �Q � �`1'Fc�Oq��o9�% Page 1 of 3 TARRANT - TTS, TX Document:AGR 2017.191863 Page:l of l0 Printed on:12/17/2024 2:22 PM Page 2 of 10 2. All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect EXECUTED on this the �_ day of , 2017. CITY OF . � Director, De�artment of Planning and Development Approved as to Form and Legality: c ' ' `O P� e Meb Assistant City Attorney 4-Eleven Realty Partners, LLC: By: �i'-i�'�-' � � Printed Name: Scott Clark Title: President STATE OF TEXAS COUNTY OF TARRANT . Attested by: ,G(.il. � M J. Kayser City Secretary �� �� ��R� �` ., C * 'Z �. �:�� .... '*� � � BEFORE ME, the undersigned authority, a Notary Public in and for the State of First Amendment to CSC No. 49017 4-Eleven Realty Partners, LLC Page 2 of 3 TARRANT - TTS, TX Document:AGR 2017.191863 Page:2 of l0 Printed on:12/17/2024 2:22 PM Page 3 of 10 Texas, on this day personally appeared Randle Harwood, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she 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 LTNDER MY HAND AND SEAL OF OFFICE this �� day of , 2017. : J.C. MdAR7'HY ' ° w NOtaN�.���'ia�st � " �nxn• �cph��'� = lioy�y IQ Nlll09-b � r+►�+ STATE OF TEXAS COUNTY OF TARRANT �%2��L�%���� Not ic, State of Texas 0 BEFORE ME, the undersigned authority, a Notaiy Public in and for the State of Texas, on this day personally appeared Scott Clark, President, known to me to be the person whose name is subscribed to the foregoing inst�utnent, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of 4- Eleven Realty Partners, LLC, and in the capacity therein stated. GIVEN iTNDER MY HAND AND SEAL OF OFFICE this 3rd day of July, 2017. �1N3 �OYI!! CwuMuiw�N 12��N7Si E�epi►�s: 02/1#RO�! First Amendment to CSC No. 49017 4-Eleven Realty Partners, LLC � ` , �/�/� Not� Pub 'c, tate of Texas Page 3 of 3 TARRANT - TTS, TX Document:AGR 2017.191863 Page:3 of l0 Printed on:12/17/2024 2:22 PM Page 4 of 10 Exhibit A-1 Revised Description of Encroachment Improvements First Amendment to CSC No. 49017 4-Eleven Realty Partners, LLC TARRANT - TTS, TX Document:AGR 2017.191863 Page:4 of l0 Printed on:12/17/2024 2:22 PM � a z z a z -� � -� � � � "'d � UU � � O � i.d � 5 0 � WESTBROADWAY � LOT 5 IJ`� LOT 6 AVENUE�I .____---------------�}----------------- (100' PUBLIC � f DAGGETT�S ILLSIDE ADDI710N � RIGHT-OF-WAY) � � i (UNRECORDED) LOT 3 � Q W LOT 4 � N �. O � k G � � � i I "�� LOT 5 BLOqC 11 DAGGETT'S SUBDIVISION (UNRECORDED) I r LOT 6 � ( � _ �� , , -- -- -;�. -- - -�, �.� BLOCK 12 � w PROPERTY ' �pT 1R, �.00K 1 �I �� DAGGETI'S SECONO EXISIING 1" WATER� � LINE (TYP) I � ADDITION METER (TO BE CUT) � O° '. I �( � 1� 'i (UNRECORDED) I � � ��� � I LOT 7 EXISTING i' WAiER� , � � I I' � �fEhR (TO BE Wn ;� �' I I { N I �� ��i i WATER G 6• EXISTING SAN. SEWEft� 1 i CLEANWT (TO BE CUI� � � �Lq �) ��� (TO REMAIN) EXISTING SAN. SEWER i,i EXISTING SAN. SEWER� a, � _ _ � _ , � I � _ �NOUT (TO BE KEPT) _ " � �`�� �i � ! I CLEANOUT (TO BE CU� � �' 1 EXISIING �' WAlER � �'- I _ _ MEIER (TO BE CUn EXISTING 1' WATER — — METER (TO BE CU� � 16' PUBLIC ALLEY �`�"�`�' ciz �_8'89� ��_�I_�_ 16' PUBLIC ALLEY ' N £ } w a F CLEVELAND � o _ AVENUE _ ___� � � (50' PUBLIC z � LL RIGHT—OF—WAY) � � = U J � LOT1 I � o � � s %�FA�Ri� a � g 701 Summit Avenue, Suite 1014 o FortWoM,?exas76t02 � P:617.769.6279 F:817.769.6298 g HarrisKocherSmith.com a TBPE Firm#: F-15501 • TBPLS Firm#: 10194145 LOT 1 BLOCK A/57 W.B. TUCKER'S ADDI110N VOL 63, PG. 123 M.R.T.C.T. LOT 2 -�•--� � EXISTING B" � '� � I � SAN. SEWER (TO REMAIN) w w � } LOT 1 J � U Q Q LOT 8 w m� LOT 2 � ¢ a o BLOCK D/57 � ¢ o � W.B. TUqCER'S o -------------------- � �� - ADDITION LOT 7 m � VOL 63, PG. 123 i � IA.R.T.C,T. 411 SOUTH MAIN - EXISTING UTILITY SERVICE EXHIBIT s�n�t: r = sv '0 � f� � —�i� O Page 6 of 10 �a � �. � �4 - �� �� i r ' ..k sPu .:,�,.. .� �. \ '.I'. , �'� . � 1' '� i, _ } _ � {�F�! : �� — -- ���C : —_ { , �4�, -I'.II_1/2� � Y• " •� � - �� \ ` �� � � �� _�' d� �7'-b3/!"� � I \\� ' _ _ _ _ _ I � \ � -0_-il'� , I � \ � \� �. -0'-9_IlZ� . �. �-0'-6L8`� _ a-s:� _ , \ \ � �0'-65/8� ' �• .a_ur� � � �\� \ nl f� �d-65/b'� _ � � f 41 1 SOUTH MAIN STREET WEST ELEVATI�N TARRANT - TTS, TX Document:AGR 2017.191863 Printed on:12/17/2024 2:22 PM 1/16„_ �,_0,� 06/30/ 17 Page:6 of l0 Page 7 of 10 -r-i i-i iz� -I'-6'� I'1�/4� -0_-I I'� -0-9-I/T� -0-63/B� 0'-5'� +aesre� «o�-iiz� 40'-65/8'� r: �-�,,�: � : �?� .. �. .,:. I � NEW ENTRY PLATFORM = 199 SF 41 1 SOUTH MAIN STREET ENCROACHMENT SIQEWALK PLAN TARRANT - TTS, TX Document:AGR 2017.191863 Printed on:12/17/2024 2:22 PM 1/16„_ �,_0„ 06130/ 17 , , „ � �l Page:7 of l0 Page 9 of 10 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. Janie S. Morales �������5 Development Manager TARRANT - TTS, TX Document:AGR 2017.191863 Page:9 of l0 Printed on:12/17/2024 2:22 PM Page 10 of 10 MARY LOUISE GARCIA COUNTY CLERK � ���"�; CITY OF FORT WORTH 1000 THROCKMORTON ST FT WORTH, TX 76102 Submitter: CITY OF FORT WORTH/DEVELOPMENT & PLANNING DO NOT D�S�TROY WARN/NG - TH/S lS PART OF THE OFF/C/AL RECORD. Filed For Registration: 8/18/2017 3:53 PM Instrument#: D217191863 A 10 BY: f � y ' 100 West Weatherford Fort Worth, TX 76196-0401 PHONE (817) 884-1195 PGS $48.00 D217191863 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. TARRANT - TTS, TX Document:AGR 2017.191863 Page:10 of l0 Printed on:12/17/2024 2:22 PM EXHIBIT B, REVISED CERTIFICATE OF INSURANCE Encroachment Assignment Agreement Page 9 of 9 Rev 12/2022