HomeMy WebLinkAboutContract 42061 STATE OF TEXAS § GAI Y ESECRETARY
COUNTY OF TARRANT §
TERMINATION AND RELEASE OF ENCROACHMENT AGREEMENT
This Termination and Release of Encroachment Agreement (this "Termination") is
executed effective as of 2011 ("Effective Date"), by the City of Fort Worth, a
municipal corporation of Tarrant County, Texas ("CitV"), and U Development Partners, LLC, a
Texas limited liability company ("Owner,).
RECITALS:
A. City and Owner entered into that certain Encroachment Agreement filed
December 18, 2009, and recorded in Instrument File No. D209329121 in the Real Property
Records of Tarrant County, Texas (the "_Encroachment Agreement") affecting property located
in Tarrant County, Texas more particularly described as:
Lot 7R, Block 4, P.R. WEATHERFORD'S ADDITION, BEING A REPLAT OF LOTS
7-11, BLOCK 4 P.R. WEATHERFORD'S ADDITION, AS RECORDED IN VOLUME
310, PAGE 48, Public Records of Tarrant County, Texas (the "Pro a ").
B. Owner has requested the right to terminate the Encroachment Agreement prior to
expiration of the term thereof and, subject to the terms and conditions hereof, City consents to
the termination and release of the Encroachment Agreement effective as of the Effective Date.
AGREEMENT
NOW THEREFORE, in consideration of the mutual benefits, covenants and agreements
herein contained and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Owner and City hereby agree as follows:
I. Termination. Effective as of the Effective Date, the Encroachment Agreement is
terminated and notwithstanding any provision contained in the Encroachment Agreement to
contrary, Owner and City shall have no further obligations or duties thereunder.
2. No Improvements. Owner and City hereby acknowledge and agree that the
Improvements contemplated in the Encroachment Agreement were never constructed or installed
and notwithstanding Section 8 of the Encroachment Agreement to the contrary, Owner and City
agree that there is no need to restore the public right-of-way or remove any improvements
encroaching into the public right-of-way.
3. Multiple Counterparts. This Termination may be executed in multiple
counterparts, all of which when taken to ether sha const a one in the same.
O FICIAL RECORD
CITY SECRETARY
I I.RMINn I ION 0I + FT: (NORTH, TX
1ACROACHMIA I AGRIJ MEN( -----
MI11)ocs 3350387 1 11332.3
4. Entire Agreement. This Termination constitutes the entire agreement between
Owner and City and supersedes all prior and contemporaneous agreements or understandings
and/or discussions, whether written or oral, between the parties with
hereof. respect to the subject matter
IN WITNESS WHEREOF, this Termination has been executed by Owner as of the
Effective Date.
OWNER:
Lr5MLOPMENT PARTNERS, LLC,
a Texas li 'te ' ility company
By:
Name: e - M�4'rVN
Title: !^��
STATE OF TEXAS §
COUNTY OF( _ §
-� instrument was acknowledged before me on
L
of
U Development Partners 2011, by
P L °C, a exas limited liability
comp , on behalf of said li d liability company.
Notary Public tate of Texas
My o 'ssion Expires:
1 >�"'0
d NNv11y/i4
o�,,,�z�.e� NGEIA RANA MOORE
?_' =yg It
Notary Public,
f?s'9J3%n„N•`;4 state of Texas
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�,.:z,azLK ��� ::p;07�13-
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
CI.RMINA I 10 ()I
1ACROACHMEN f AGRUMFNI
MHUocs 3350387 1 11332,3
IN WITNESS WHEREOF, this Termination has been executed by City as of the
Effective Date.
CITY:
CITY OF FORT WORTH,
a municipal corporation of Tarrant County, Texas
AS TO
By: _.90*
Name: D%, &
Title:
� e,INJT CITY ATTORNEY h �
STATE OF TEXAS §
COUNTY OF TARRANT §
/� This instrument was acknowledged before me on LC(I 2011 b
/�`� �d a I rrc�tlle City of Fort Worth, a municipal corporation of Tarrant
County, Texas on behalf f said municipal corporation.
Notary Public, State of Texas
My Commission Expires:
IRMA SAENZ
Notary Public,State of Texas
My Commission Expires
January
28 2012
"'•.,. ,t;;'
ENO M&C REQUIRED
Attested by: a 4 °R r�yo�
0
OA 0
Marty Hendrix Ci Secretary 00 ° d
¢ o c�c d
°°°0000 5°�� OFFICIAL RECORD
a� nXO-�4� CITY SECRETARY
FT. WORTH, TX
I E,RMINA LION OF
ENCROACIIMENIAOREEMEN"I
Exhibit A
MIIDocs 3350387 1 1 1332.3