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HomeMy WebLinkAboutContract 50102 y67 89 a �t�� ��1 CITY SECRETARY oF�A`fiQy RIGHT OF WAY ENCROACHMENT AGREEMENT �*� C (COMMERCIAL) of 6 8 9 THIS 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 authorized Assistant City Manager or Planning and Development Department Director, and Lackland Innisbrook, Inc. [full legal name], a Texas Corporation [type of entity] "Licensee", acting herein by and through its duly authorized President [title], the owner of the real property located at 7625 Innisbrook Lane , Fort Worth, Texas 76179("Property"). RECITALS WHEREAS, Licensee is the owner of certain real property situated in the City of Fort Worth, Tarrant County, Texas, more 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, and/or above the City's Public Right-of-Way to construct/install and/or allow to remain, certain improvements for the purpose of connecting irrigation (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. OFFICIAL RECORD 2015 ROW Encroachment Agreement-Commercial CITY SECRETARY Page 1 of 12 FPId 029 Rev sed 10/2017 FT.WORTH,TX 2. All construction, maintenance and operation in connection with such Improvements, use and occupancy shall be performed in strict compliance with this Agreement 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 FP14 ._ 029 Revised 10/2017 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. 8. 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, restore 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 FP 14 ._ 029 Revised 10/2017 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 or 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 or rentals provided for by this Agreement or by any federal, state or local statute, law or regulation. 13. 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. 14. 2015 ROW Encroachment Agreement-Commercial Page 4 of 12 FP14 ._ 029 Revised 10/2017 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, 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 force 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 FP14 — 029 Revised 10/2017 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 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 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 FP14 — 029 Revised 10/2017 [SIGNATURES APPEAR ON FOLLOWING PAGE] 2015 ROW Encroachment Agreement-Commercial Page 7 of 12 FP14 -- 029 Revised 10/2017 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: Licensee: CITY OF FORT WORTH, Lackland Innisbrook, Inc. B y: JJA By: Randle Hai-wood Name: Tim H. Fleet Director Title: President Planning and Development Department Date: 201' .. ATTEST: p oved As To Form and Legality \� 1 City Secretar ` '':� ' Assistant City Attorney M&C:. 'N :r .. ontract Compliance Manager 1295: 1\) � Xa���. By signing I acknowledge that I am the person Responsible for the monitoring and Administration Of this contract, including ensuring all performance An porting requir ennts. � G Janie S. Uorales Development Manager OFFICIAL RECORD CITE'SECRETARY FT.WORTH,TX 2015 ROW Encroachment Agreement-Commercial Page 8 of 12 FP14 029 Revised 10/2017 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on , 2011 byDana Bur_hdoff, Director of the Planning and Development Department of the City of Fort Worth, on behalf the City of Fort Wort . Notar ublic State of Texas JENNIFER LOUISE EEZERNACK ;2: �� Notary Public, State of Texas Comm, Expires 03.01.2020 •s,•...•�+� Notary ID 130561630 After Recording Return to: City of Fort Worth Planning and Development Department CFA Office 200 Texas Street Fort Worth TX, 76102 2015 ROW Encroachment Agreement-Commercial Page 9 of 12 FP14 029 Revised 10/2017 STATE OF 2 _% § COUNTY OF'TG.rr § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared 1Pire i5�aC-11* (title), 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 a , and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this S day of 20j TINA MICHELLE LEWIS i P�la ; 1Notary Public, State of Texas ,« SIComm,Expires 08-18-2021 Notary Public in and for the Notary m °25"79e89 State of Te.Kcux 2015 ROW Encroachment Agreement-Commercial Page 10 of 12 FP14 _ 029 Revised 10/2017 LEGAL DESCRIPTION OF THE PROPERTY 2015 ROW Encroachment Agreement-Commercial Page I 1 of 12 FP14 _ 029 Revised 10/2017 ENCROACHMENT AREA 300 SQUARE FEET OR 0.007 OF AN ACRE OUT OF THE A.ROBERTS SURVEY,ABSTRACT NO.1262 CITY OF FORT WORTH,TARRANT COUNTY,TEXAS BEING a 0.007 acre tract of land situated in the A. Roberts Survey, Abstract No. 1262, Tarrant County, Texas and being a portion of Bellingham Road (a variable width Right-of-Way) as dedicated on the Correction Plat of Innisbrook Place, Phase If, an addition to the City of Fort Worth, Tarrant County, Texas, recorded in Document No. 217070872, Plat Records, Tarrant County,Texas,(P.R.T.C.T.)and being more particularly described by metes and bounds as follows(Bearings referenced to U.S. State Plane Grid 1983-Texas North Central Zone(4202) NAD83 as established using GPS Technology in conjunction with the RTK Cooperative Network,all distances at ground): BEGINNING at a 5/8 inch capped iron rod found stamped "BHB INC"(CIRF)at the southeast corner of Lot 60, Block 6,of said Innisbrook Place, Phase III-A, an addition to the City of Fort Worth, Tarrant County Texas, according to the Correction Plat recorded in Document No. D217197217, P.R.T.C.T.,and at the northeast end of a corner clip at the intersection of the north right-of-way line of W.J. Boaz Road (a variable width right-of-way) and the west right-of-way line of Bellingham Road (a variable width right-of-way)as dedicated on said Innisbrook Place,Phase II; THENCE North 00°01'36" West, with the west right-of-way line of said Bellingham Road and the east line of said Lot 60, a distance of 0.67 feet to a point for corner on the west right-of-way line of said Bellingham Road and the east line of said Lot 60, Block 6,of said Innisbrook Place,Phase III-A; THENCE North 89°58'24"East,over and across said Bellingham Road,a distance of 60.00 feet to a point for corner on the east right-of-way line of said Bellingham Road and the west line of Lot 1,Block 13,of said Innisbrook Place,Phase III-A; THENCE South 00°01'36" East, with the east right-of-way line of said Bellingham Road and the west line of said Lot 1, at a distance of 0.67 feet passing a CIRF at the northwest end of a corner clip at the intersection of the east right-of-way line of said Bellingham Road and the north right-of-way line of said W.J. Boaz Road, and continuing in all for a total distance of 5.00 feet to a point for corner; THENCE South 89°58'24"West,over and across said Bellingham Road,a distance of 60.00 feet to a point for corner; THENCE North 00°01'36" West, continuing over and across said Bellingham Road, a distance of 4.33 feet to the POINT OF BEGINNING and containing 300 Square Feet or 0.007 of an acre of land more or less. � + OF :� +6 a4r . fg - —� �es+isaaiasasaaasaa+aiaa> f ljj JOHN G. MARGOTTA 5956 '';;p— =�;•' Jo.:nC,Margotta a :t U•, �-I Tam.Registered Professional Land Surveyor No.5956 U R'. D 017 3AIRD , HAMPTON & BROWN, INC. ® ENGINEERING & SURVEYING 6JUU .dglea Place, Ste. 700, Ft. Worth, TX 76116 jmargotta®bhbinc.com 817-338-1277 www.bhbinc.com 131­18 Project #2016.100.002 TBPE Firm F-44 TBPLS Firm 10011300 Drawing:E.1j "bnnisbrook Phase ThreeJDwgJSieeves.dwg N 0 10 20 ENCROACHMENT AREA 300 SQUARE FEET OR 0.007 OF AN ACRE 1"=20 OUT OF THE A.ROBERTS SURVEY,ABSTRACT N0.1262 CITY OF FORT WORTH,TARRANT COUNTY,TEXAS R a LINE DATA TABLE J NO BEARING DIST Ll NO'01'36"W 0.67 I L2 N89'58'24"E 60.00 L3 SO'01'36"E 5.00 L4 S89'58'24"W 60.00 �y, 0 r- �i C)at 00 � ��� L5 NO'01'36"W 4.33 o sw SJ W co ®� Z a Z 1 % r♦ 1 s o q u� YM 01 J n Legend o a DRTCT............Deed Records, m o r~.1 Tarrant County,Texas ,tD.0 0 a u Y PRTCT............Plat Records, 1 rl !_^Z e Tarrant County,Texas c � ( 30' m °pac 0. CIRF................5/8"Capped Iron Rod o o Found Stamped"BHB INC" J c ; POC................Point of Commencing 60 _ Poo................Point of Beginning p pp ROW..............Right-of-way Pop LZ L2 UE..................Utility Easement CIRF CIRF NOTES: L5 L3 1.Basis of bearing being State Plane _ _/ P \, ___ Grid-Texas North Central Zone CIRF CIRF (4202)NAD83 as established using GPS Technology in conjunction with the RTK Cooperative Network. ENC R0ACHPelENT REh Reference frame is NAD83(2011) iUU J(Z.Y-Y. Epoch 2010.00. 0.007 ACRE 2.Coordinates shown are State �J BOAZ ROAD Plane Grid Texas North Central Zone W. (4202)NAD83. (VARIABLE WIDTH ROW) 3.AII distances shown are at ground. SURVEYOR'S CERTIFICATION I,John G.Margotta,Registered Professional Land Surveyor licensed in the State of Texas,do hereby declare that this survey is true and correct and was prepared from an actual survey made under my supervision on the ground. Further,this survey conforms to the general rules of procedures and practices of the most current Professional Land Surveying Practices Act. s y J&.Ac-'Margotta ',»a..aaaas.aa,sa, °oaa Ter;Registered Professional Land Surveyor m'=t JOHN G. NJARGOTTNo.S ' „�,a„ass,,,,,aaaa�aifas 56 Date: 09-14 59562017 i ;�-.^ BAIRD, HAMPTON & BROWN, INC��'<' ENGINEERING & SURVEYING 6300 Ridglea Place, Ste. 700, Ft. Worth, TX 76116 jr-i,gotta6bhbinc.cam 817-338-1277 www.bhbinc.com 'nc Project 2016.100.002 THPE Firm F-44 THP1S Firm 10011300 ,4'9 ENCROACHMENT AREA 278 SQUARE FEET OR 0.006 OF AN ACRE OUT OF THE A.ROBERTS SURVEY,ABSTRACT NO.1262 CITY OF FORT WORTH,TARRANT COUNTY,TEXAS BEING a 0.006 acre tract of land situated in the A. Roberts Survey, Abstract No. 1262, Tarrant County, Texas and being a portion of Bellingham Road (a variable width right-of-way) as dedicated on the Correction Plat of Innisbrook Place, Phase II, an addition to the City of Fort Worth, Tarrant County; Texas, recorded in Document No. 217070872, Plat Records, Tarrant County,Texas,(P.R.T.C.T.)and being more particularly described by metes and bounds as follows(Bearings referenced to U.S. State Plane Grid 1983-Texas North Central Zone (4202) NAD83 as established using GPS Technology in conjunction with the RTK Cooperative Network,all.distances at ground): COMMENCING at a 5/8 inch capped iron rod found stamped "BHB INC" (CIRF) at the southeast corner of Lot 52, Block 6, of Innisbrook Place, Phase III-A, an addition to the City of Fort Worth,Tarrant County, Texas, according to the Correction Plat recorded in Document No. D217197217, P.R.T.C.T. same being the northeast corner of Lot 53, Block 6, of said Innisbrook Place, Phase III-A,and on the west.right-of-way line of Bellingham Road (a variable width right-of-way) as dedicated on said Innisbrook Place,Phase 11; THENCE with the west right-of-way line of said Bellingham Road and the east line of said Lot 53,and along a curve to the left having a.central angle of 03°49'19", a radius of 205.00 feet, an arc length of 13.67 feet and a chord which bears South 19°06'50"West,a distance of 13.37 feet to the POINT OF BEGINNING; THENCE South 74°00'19" East, over and across said Bellingham Road, a distance of 55.39 feet to a point on the east right-of-way line of said Bellingham Road and the west line of Lot 18,Block 12,of said Innisbrook Place,Phase III-A; THENCE with the east right-of-way line of said Bellingham Road and along a curve to the left having a central angle of 01°59'19", a radius of 145.00 feet, an arc length of 5.03 feet and a chord which bears South 09°29'45" West, a distance of 5.03 feet to a point for corner on the east right-of-way line of said Bellingham Road and the west line of said Lot 18; THENCE North 74°00'19" West, over and across said Bellingham Road, a distance of 56.00 feet to a point for corner on the west right-of-way line of said Bellingham Road,and on the east line of said Lot 53; THENCE with the west right-of-way line of said Bellingham Road, the east line of said Lot 53 and along a curve to the right having a central angle of 01°23'51", a radius of 205.00 feet, an arc length of 5.00 feet and a chord which bears North 16°30'15" East, a distance of 5.00 feet to the POINT OF BEGINNING and containing 278 Square.Feet or 0.006 of an acre of land more or less. G F T aaaa 4 ,a aaaaaaaasaaaaaaaaaaaiaa r" JOHN G. MARGOTTA= F 1 aaaaa asaaaasaaaasaasa,iae- 1_ - 5956 Jok!iC'Margotta Saaaa -� Te._,'Registered Professional Land Surveyor _d w No.5956 Sate:09-14-2017 BAIRD , HAMPTON & BROWN, ING. ENGINEERING & SURVEYING awv Ridglea Place, Ste. 700, Ft. Worth, TX 76116 jmargotta®bhbinc.com 817-338-1277 www.bhbinc.com SNB Project #2016.100.002 TBPE Firm F-44 TBPLS Firm 10011300 Drawing:f:ISurvey161100lnnisbr=4001lnnisbrookPhase ThreeJDwgJSleeves.dwg N ;0 ENCROACHMENT AREA 278 SQUARE FEET OR 0.006 OF AN ACRE OUT OF THE A.ROBERTS SURVEY,ABSTRACT NO.1262 CITY OF FORT WORK,TARRANT COUNTY,TEXAS x � CURVE DATA TABLE NO DELTA RADIUS ARC DIST CHORD BEARING CHORD DIST Cl 3°49'19" 205.00' 13.67' 519°06'50"W 13.67' C2 1'59'19" 145.00' 5.03' 59'29'45"W 5.03' C3 1°23'51" 205.00' 5.00' N16'30'15"E 5.00' CIRF LINE DATA TABLEto /%Amo°-Nati =f R.F NO BEARING DIST m-' -N, NO / Ll S74'00'19"E 55.39 O ry L2 N74'00'19"W 56.00 �c = �i'oZ / u 5 Legend ,y fv �O 4E PDRTCT............Deed Records, CJ ' OC Tarrant County,Texas POB CIRF ' O g% PRTCT............Plat Records, Tarrant County,Texas L I ;E, R CIRF................5 8"Capped Iron Rod n _ �e Found amped POC. Point oftCommenc nB INC"g PP n 4w POB................Point of Beginning m c ry "\:' `�e S� ROW..............Right-of-way UE..................Utility Easement r^ o a V o�z J Ln NOTES: J c a oLot 18,Block 12 1.Basis of bearing being State Plane ENCROACHMENT AREA ' Innisbrook Place Grid-Texas North Central Zone 278 SQ.FT. Doc.No.D217197217 (4202)NAD83 as established using 0.006 ACRE PRTCT GPS Technology in conjunction with the RTK Cooperative Network. f Reference frame is NAD83(2011) CIRF Epoch 2010.00. _ CIRF1 l CIRF 2.Coordinates shown are State Plane Grid Texas North Central Zone (4202)NAD83. � kF,�Ef�4�' RFI4�� Nground. CIRF 30' 30' I,John G.Margotta,Registered Professional Land Surveyolicensed in the State of Texas,dp hereby declare that this surveylis true and correct and was prepared from an actual survey made under my supervision on the Iround. Further,this survey conforms to the general rules of procedures and practices of the most current Professional Land Surveying Practices Act. 0 Jolfh C:Margotta JOHN G. MARGOTTA T&:`Registered Professional Land Surveyor No.5956 •,�_ 5956 v; Date:09-14-2017 �'�;0�r^ r�•'wd 13 B BAIRD, HAMPTON & BROWN, INC. ENGINEERING & SURVEYING 6300 Ridglea Place, Ste. 700, Ft. Worth, TX 76116 imargotta0bhbine.com 817-336-1277 www.bhbino.com BHB Project 12016.100.002 TBPE Firm F-44 TBPLS Firm 10011300 Drawing:E jSurvey161100/nnisbrook1002/nnisbrook Phase ThreeiDwgiSleeves.dw, ENCROACHMENT AREA 250 SQUARE FEET OR 0.006 OF AN ACRE OUT OF THE A.ROBERTS SURVEY,ABSTRACT N0.1262 CITY OF FORT WORTH,TARRANT COUNTY,TEXAS BEING a 0.006 acre tract of land situated in the A. Roberts Survey, Abstract No. 1262, Tarrant County, Texas and being a portion of Innisbrook Lane (a 50 feet wide right-of-way) as dedicated on the Correction Plat of Innisbrook Place, Phase II, an addition to the City of Fort Worth, Tarrant County, Texas, recorded in Document No. D217070872, Plat Records, Tarrant County,Texas,(P.R.T.C.T.)and being more particularly described by metes and bounds as follows(Bearings referenced to U.S. State Plane Grid 1983 -Texas North Central Zone(4202) NAD83 as established using GPS Technology in conjunction with the RTK Cooperative Network,all distances at ground): COMMENCING at a 5/8 inch capped iron rod found stamped"BHB INC" (CIRF)at the northwest corner of Lot 26, Block 6, of said Innisbrook Place, Phase II, and at the southwest end of a corner clip at.the intersection of the east right-of-way line of said Innisbrook Lane and the south right-of-way line of Harwich Lane (a 50 feet wide right-of-way) as dedicated on said Innisbrook Place, Phase II; THENCE South 00°28'52"East,with the east right-of-way line of said Innisbrook Lane,a distance of 57.67 feet to a CIRF; THENCE continuing with the said east right-of-way and along a curve having a,central angle of 08°19'48",a radius of 275.00 feet, an arc length of 39.98 feet and a chord which bears South 03°31'22" West, a distance of 39.95 feet to the POINT OF BEGINNING; THENCE continuing with the east right-of-way line of said Innisbrook Lane,along a curve to the right having a central angle of 01°02'30",a radius of 275.00 feet,at an arc length of 2.50 feet passing a CIRF for the southwest corner of said Lot 26,and the northwest corner of Lot 25, Block 6, Innisbrook Place, Phase I, an addition to the City of Fort Worth,Tarrant County,Texas, according to the plat recorded in Document No. D204061126, P.R.T.C.T., in all continuing in all a total arc length of 5.00 feet and a chord which bears South 08°18'35"West,a distance of 5.00 feet to a point for corner; THENCE North 81°37'56" West, over and across said Innisbrook Lane, a distance of 50.09 feet to a point for corner on the west right-of-way line of said Innisbrook Lane,and on the east line of Lot 25,Block 2,of said Innisbrook Place,Phase II; THENCE with the west right-of-way line of said Innisbrook Lane,the east line of said Lot 25, Block 2,and along a curve to the left having a central angle of 01°16'24", a radius of 225.00 feet, an arc length of 5.00 feet and a chord which bears North 08°19'31"West,a distance of 5.00 feet to a point for corner; THENCE South 81°37'56" East,over and across said Innisbrook Lane,a distance of 50.09 feet to the POINT OF BEGINNING and containing 250 Square Feet or 0.006 of an acre of land. Jr OF F r . l+ )ai ai Pt➢.F :..� !c n r Mar otta r•. JOHN G. ARG©TTA g '-^�:aa➢asaaaaYoN1aa•saaaa,asa➢w- Tts Registered Professional Land Surveyor ; , 956 No.5956 Date:09-14-2017 i BAIRD , HAMPTON & BROWN , INC. 93 ENGINEERING & SURVEYING 6300 Ridglea Place, Ste. 700, Ft. Worth, TX 76116 jmargotta®bhbinc.com 817-338-1277 www.bhbinc.com BHB Project #2016.100.002 TBPE Firm F-44 TBPLS Firm 10011300 Drawing:E:jSurvey161100/nnisbrookJ002Innisbrook Phase ThreeJDwgJSleeves.dwg 0 10 20 ENCROACHMENT AREA HARWICH LANE 250 SQUARE FEET OR 0.006 OF AN ACRE (50 FOOT ROW) 1"=20 OUT OF THE A.ROBERTS SURVEY,ABSTRACT NO.1262 DOC NO.217049634 CITY OF FORT WORTH,TARRANT COUNTY,TEXAS PRTCT CURVE DATA TABLE NO DELTA RADIUS ARC DIST CHORD BEARING I CHORD DIST C1 8°19'48" 275.00' 39.98' S3°31'22"W 39.95' C2 1°02'30" 275.00' 5.00' 58°1815"W 5.00' C3 1'16'24" 225.00' 5.00' I N8"19'31"E 5.00' P00 C1RF LINE DATA TABLE NO BEARING DIST tu L1 SO"28'52"E 57.67J I I `J 4 L2 N81" :- ["W 50.09 i - 00 O L3 581'37'! 50.09 0 0 o .1 N Legend Ci Lot 26,Block 6 Z Innisbrook Place DRTCT............DeeRecords, m U Doc.No.D217070872 Tarrant nt County,Texas (/' v 0PRTCT PRTCT............Plat Records, Tarrant County,Texas Z CIRF................5/8"Capped Iron Rod ' Found Stamped"BHB INC" N ` CIRF POC................Point of Commencing POS................Point of Beginning u o $j Y�n ROW..............Right-of-way o Y N # e� UE..................Utility Easement .2 o �b NOTES: y o a I N 1.Basis of bearing being State Plane J c z ENCROACHMENT AREA �.1 ®�s� Grid-Texas North Central Zone _ ci (4202)NAD83 as established using o 250 SQ.FT. U �® GPS Technology in conjunction with 0.006 ACRE the RTK Cooperative Network. IL3 ur a E Reference frame is NAD83(2011) Epoch 2010.00. rr1 U POB .. 2.Coordinates shown are State E,: C2 S IN Plane Grid Texas North Central Zoned +. - — — — — - (4202)NAD83. L2 C,RF Lot 25,Block 6 3.All distances shown are at ground. / Innisbrook Place Doc.No.D204061126 SURVEYOR'S CERTIFICATION I PRTCT 1,John G.Margotta,Registered Professional Lad Surveyor licensed in the State of Texas,do hereby declare that this survey is true and correct and was prepared from an actual survey made under my supervision on the ground. Further,this survey conforms to the general rules of procedures and practices of the most current Professional Land Surveying Practices Act. f, T JOHN G. MAP.GOTTr" Te�aARegistered Professional Land Surveyor °a%.s a a a a a s a a...a a a J a a No.5956 X956 Date:09-14-2017 -;tia;fl-Es—\u e rj k D aa�+aassaVr .^.,.-n J tI R J O BBAIRD, HAMPTON & BROWN, INC. ENGINEERING & SURVEYING 6300 Ridglea Place, Ste. 700, Ft. Worth, TX 76116 jmargottoo ftinc.com 817-338-1277 www.bhbinc.com BHB Project 2016.100.002 TSPE Firm F-44 TBPLS Firm 10011300 Drawing:E:tSurveyl61100lnnisbrook�002 Innisbrook Phase ThreeiDwg1S1eeves.dwg Client#: 99251 18FGALEDO ACORDTM CERTIFICATE OF LIABILITY INSURANCE D10/232017ATE Y1� 10/23/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT.If the certificate holder is anADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, . ,,,..,,, i policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsen-oe:nt(.�). PRODUCER CONTACT NAME: Wortham Insurance&Risk Mgmt. A No Ext,817-336-3030 aC N.I: 8I7-336-8257 1600 West Seventh Street E-MAIL Fort Worth,TX 76102-2505 ADDRESS: 817 336-3030 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:United Specialty Insurance Company INSURED INSURER B FG Aledo Development LLC 3045 Lackland Road INSURER C: Fort Worth,TX 76116 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS "r,. CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICAI cu. NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE .ADDL SU6 POLICY EFF POLICY EXP LIMITS LTR `INSR IWVD POLICY NUMBER MMIDD/YYYY MMIDDXYYYY A X COMMERCIAL GENERAL LIABILITY KSVENS151140100 8/01/2016 09/051201E EACH OCCURRENCE 1$2,000,000 CLAIMS-MADE 51OCCUR PEEMISESREaoccu ence $Excluded X BI/PD Ded:$25,000 MED EXP(Any one person) I s Excluded PERSONAL&ADV INJURY s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s2,000,000 POLICY�ECT LOC PRODUCTS-COMP/OP AGG s2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ ALTOS Per accident $ UMBRELLA LIAR HOCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ S WORKERS COMPENSATION PER I OTH- AND EMPLOYERS'LIABILITY Y I N A LITE La— ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? ❑ NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Named Insured Continued:Saginaw Watersbend,Ltd; Lackland Innisbrook,Inc.;CTEX Homes,Ltd.;Weatherford 55,Ltd. CERTIFICATE HOLDER CANCELLATION City of Fort worth SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1000 Throckmorton Street ACCORDANCE WITH THE POLICY PROVISIONS. Fort Worth,TX 76102 AUTHORIZED REPRESENTATIVE .To-LIJ9zn �v l✓.P. ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S828589/M796950 180AS EXHIBIT"A" Location and Description of Encroachment and Improvements 2015 ROW Encroachment Agreement-Commercial Page 12 of 12 FP14 029 Revised 10/2017 \` 29 a 1 3234L3I� � 64 a 78 _ 400, rr 2 GRAIII�AI F IN 001) 4- 31 is t .a J,/, X36 l � /•9 eon ''\ l4142 n r {s 1, 45 I 47//, 1 49 iz, ry 2 I I I ' rr)) 4 i 1 �ll; TRAG. E STRFVEY III I 1 - _� """ I� f_— ;- ..�._ I :• ® 10/6/2017 E3 map SAI RMmNWN ENGINEERING&SURVEYING Atm 114.Nl—m fonwwn,lx»118 �PIpLM1Nrc.wm el,�.,�, IlibNo.mm SLEEVE PLAN AND PROFILES - OVERALL DATE: 10-6-2017 Pom iM 'fBPL,8 F1R1�1 YtOD11900 EX. 2" STREET LIG T CONbUIT T _ PROPOSED 4" IRRIGATI N SLEEVE; GqS\EXTENp 1�PAST BAC OF CPR I o llC 111c GqS I m I — Gq ... Z A EX. 8" '451 X. 8" GAS LINE I i' WTR LINE SECTION A- A 795 795 i TOP 0 PIE j -42'-BEL(D' --- IGH T '�F 7��9s TOP OF CURB STREET C �NDUIT - TRACY...STR..... - .. 89487 . ; 790 790. PIR Up USED;} -- 1--- I-- EX. 8�- - NOTE: 1016 17 ___..IR_IGAT16N - I. WTR_LLNE _ NO IRRIGATION LINES SLEEVE r WILL BE INSTALLED 787 787 WITHIN 3-FEET OF 93mWATER/SANITARY GAIRD,HAMPTON&BROWN Q-I 00 0+50 SEWER MAINS ENGINEERING&SURVEYING N°°I11dGh°Phu.Nih>m Pm xam.*x rmr° SLEEVE PLAN AND PROFILES -SECTION A-A DATE: 10-6-2017 TBPE Rrm iM 1BPl8 RRN il°0190 EX. 2" STREET LIGHT CONDUIT -PROPOSED-4" IRRIGATION SL VE!; EXTEND 1' PAST BACK OF UR a � 5 -D (A W m 1� I It I, t' �__Ex. 8" EX 8" SS LINE WTR, LINE I SECTION 13- 13 785785 TOP PIPE_. - ----�__--_--- -42" BEL04�V -TOP--')F--CUR Y'-2"T'S-TRE-ET-- - - IGHT �ONDUI'T i i I E of 7F PROP SED 4" EX `8 �P.... kqm NyTR 780 SLEEVE LINE 780 TRACY.. 5 � (ea'efa.�s LINE ---_-- NOTE: 101e12017 f NO IRRIGATION LINES WILL BE INSTALLED I WITHIN 3-FEET OF WATER/SANITARY BAIR�M N WN mm B 775 775 SEWER MAINS ENGINEERING&.&ft YING 0+00 0+50 ewo waW.rl.u,eWle]to Part Wa.M.I)t me mN®olwnc.00m enase.l2n NtMo SLEEVE PLAN AND PROFILES - SECTION B-B DATE: 10-6-2017 TBPE Prm IN IBPIl FMW heel e00 i EX. 2" STREET LIGHT CONDUIT---t—L_I I I GPAI't I II_'SCALE IN FEET PROPOSED 4",IRRIGATION, LEE i 1"=20') 8 EXTEND I' PAST BACK O� Cb I. ml I 3 X. 8" WTR LINE CAUTION: CALL FOR UTILITY LOCATES PRIOR TO ANY EXCAVATION. DO NOT EXPOSE EXISTING WATER MAIN PIPE. SECTION C— C 790 790 TOP 0 PIP 42" BELOWX. 8" TO - RB _ X2 �STRE�TT-- P F CLI -__ WTR-- - - - - — MINE 785 I 0GHT CONDUIT i 785 OF .? •iRACI'E STREVEY IIIA ! I i �•~ ---- --—--- E --- R OPO SED 4'i-- (6/ 17 I!RRIGA ION NOTE`. -T-_ --�- SLEfV — - - - NO IRRIGATION LINES I WILL BE INSTALLED 780 780 WITHIN 3-FEET OF WATER/SANITARY BAIRG,HAMPTON&BROWN Boma a�'as 0+5a SEWER MAINS ENGINEERING&SURVEYING 8900mdgw017n,G1e— FM W.M,U 7011e SLEEVE PLAN AND PROFILES -SECTION C-C DATE: 10-6-2017 TOPE Rrm lee IB%.i1 RIMI fYe011900