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HomeMy WebLinkAboutContract 51332 CITY SECRETARY =ECENED CONTRACT NO, OCT_. 1'2018 EASEMENT ENCROACHMENT LICENSE AGREEMENT nTYOFFORT WORTH Commercial CRYSECRUARY 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 by and through its duly authorized City Manager, its duly designated Assistant City Manager or Planning and Development Director, and Victory at Basswood, LLC[full legal name], a Limited Liability Company [type of entity] ("Licensee"), acting by and through its duly authorized President / CEO [title], owner of the real property located at 1620 Basswood Boulevard, Fort Worth, TX 7613 1("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 Water Easement and Sanitary Sewer easement (the "Easement") in 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 Easement; 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 the 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 and occupy a portion of the City's Easement for the purpose of a proposed and existing private storm line (the "Encroachment") as described in and at the location shown on Exhibit "A" but only to the extent shown thereon. Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within and above the Easement. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on City's Easement beyond what is specifically described in the Exhibit(s) attached,hereto. 2. ®"IIAL R C S cl X�rCe-171AX-1` 2015 Easement Encroachment Agreement-Commercial • w4"W,610 TX I Page 1 of 11 _. _ _•� -- -- Rev. 10/2017 All construction, maintenance and operation in connection with such Encroachment, 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 Director of the Transportation and Public Works or the Director of the City's Water Department, 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 Encroachment. Licensee shall not commence construction of the Encroachment 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 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 Encroachment 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 made more costly by virtue of the construction, maintenance or existence of the Encroachment 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. 4. 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. 2015 Easement Encroachment Agreement-Commercial Page 2 of 11 Rev. 10/2017 5. 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 with 30 days after written notice specifying the same, or having so commenced,thereafter fails to proceed diligently and with continuity to remedy same. 6. It is further understood and agreed between the parties hereto that the Easement to be used and encroached upon as described herein, is held by City as trustee for the public; that City exercises such powers over the Easement as have been delegated to it by the Constitution of the State of Texas or by the Texas Legislature; and that City cannot contract away its duty and its legislative power to control the Easement 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 Easement to be used for any other public purpose, that does not preclude the use of the Encroachment on the Property, including but not being limited to underground, surface or overhead communication, drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not, that the parties agree to negotiate in good faith in order to accommodate the Encroachment and the public purpose. 7. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED 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 ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE 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 2015 Easement Encroachment Agreement-Commercial Page 3 of 11 Rev. 10/2017 ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES. 8. While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance naming City as certificate holder, as proof that it has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and described in Exhibit "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 immediately following notice to Licensee of such requirement. Such insurance policy shall not be canceled or amended without at least 30 days prior written notice to the Building Official of the City of 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 the Encroachment and the cleaning and restoration of the Easement. All insurance coverage required herein shall include coverage of all Licensees' contractors and subcontractors. 9. Licensee agrees to deposit with City when this Agreement is executed a sufficient sum of money to be used to pay necessary fees to record this Agreement in the Real Property Records of Tarrant County, Texas. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. 10. 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 Encroachment and uses. 2015 Easement Encroachment Agreement-Commercial Page 4 of 11 Rev. 10/2017 11. 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. 12. 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. 13. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain and locate the Encroachment over or within the Easement and is not a conveyance of any right, title or interest in or to the Easement nor is it meant to convey any right to use or occupy property in which a third party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. 14. In any action brought by the City for the enforcement of the obligations of the Licensee, City shall be entitled to recover interest and reasonable attorney's fees. 15. The parties agree that the duties and obligation contained Sections 3 and 4 shall survive the termination of this Agreement. 16. Licensee covenants and agrees that it will not assign all or any of its rights, privileges or duties under this Agreement without the written approval of 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 2015 Easement Encroachment Agreement-Commercial Page 5 of 11 Rev. 10/2017 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. 17. 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. 18. This Agreement shall be binding upon the parties hereto,their successors and assigns. SIGNATURES APPEAR ON FOLLOWING PAGE] 2015 Easement Encroachment Agreement-Commercial Page 6 of 11 Rev. 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 W TH 1 CT O Q\V KTC By: By: /* Randle Harwood Name: T Director Title: C E, Planning and Develo ment Date: 120_t `q. ATTEST: ` R T Approved As To Form and Legality 0 /11 - %.;P \ � := v� City Secre y�` Assistant Ci y Attorney �XAS N • 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 OFFICIAL RECORD Development Manager CITY SECRETARY FT. WOIITH,TX 2015 Easement Encroachment Agreement-Commercial Page 7 of 11 Rev. 10/2017 THIS PAGE FOR OFFICIAL CITY OF FORT WORTH USE STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me onk-3p2�201 by Randle Harwood, Director of the Planni 6je pment Department of the City of Fort Worth, on behalf the City of Fort W rth. No State of exas ENNIFER LOUISE EZERNACK Notary Public,State of Texas Gomm. Expires 03-01-2020 Notsry ID 130561630 After Recording Return to: Planning & Development Development Coordination Office 200 Texas Street Fort Worth TX, 76102 2015 Easement Encroachment Agreement-Commercial Page 8 of 11 Rev. 10/2017 STATE OF TILM § COUNTY OF S § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Tony Ramji, President / CEO (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 Victory at Basswood LLC., a Limited Liability Company and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this P Zlay o&�, 20 I KAREN DOUGLASS *: My Notary ID#125838441 Expires September 13,2022 Notary Public in and for the State of 2015 Easement Encroachment Agreement-Commercial Page 9 of 11 Rev. 10/2017 LEGAL DESCRIPTION OF THE PROPERTY See Exhibit "A" 2015 Easement Encroachment Agreement-Commercial Page 10 of 11 Rev. 10/2017 EXHIBIT "A" Map of Encroachment and Easement 2015 Easement Encroachment Agreement-Commercial Page 11 of 11 Rev. 10/2017 EXHIBIT "All ENCROACHMENT AGREEMENT LIMITS EXHIBIT r2 SITUATED IN THE JOSIAH WALKER SURVEY,ABSTRACT NO. 1602,CITY OF FORT WORTH, TARRANT COUNTY,TEXAS TRACT 1 BEING a tract of land situated in the Josiah Walker Survey,Abstract No. 1602,in the City of Fort Worth,Tarrant County,Texas,being a portion of Lot 1, Block 1 of Victory at Basswood, an addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat thereof recorded in Document No. D217209290 of the Plat Records of Tarrant County,Texas(P.R.T.C.T.),being a portion of that certain tract of land described as 15'Water Easement, as recorded in Document No. D217209290,P.R.T.C.T. and being a portion of that certain tract of land described as Private Storm Drain Easement, recorded in Document No. D217209290, P.R.T.C.T., and being more particularly described by metes and bounds as follows (Bearings and distances are based on the East right-of-way line of Blue Mound Road,as shown plat of said Victory at Basswood,(North 00 Degrees 45 Minutes 41 Seconds West)): COMMENCING at a 5/8 inch rebar found for the northernmost Northwest corner of said Lot 1,at the east end of a corner clip at the intersection of the East right-of-way line of Blue Mound Road(variable width right-of-way)with the South right-of-way line of Basswood Boulevard(130 foot right-of-way); THENCE South 89 Degrees 58 Minutes 15 Seconds East,with the South right-of-way line of said Basswood Boulevard,a distance of 157.21 feet to a point for the Northwest corner of said 15'Water Easement and the Northwest corner of said Private Storm Drain Easement and being the POINT OF BEGINNING; THENCE South 89 Degrees 58 Minutes 15 Seconds East,continuing with the South right-of-way line of said Basswood Boulevard,a distance of 15.00 feet to a point for the Northeast corner of said 15'Water Easement; THENCE,departing the South right-of-way line of said Basswood Boulevard,over,across,and through said Lot 1,the following courses and distances: 1. South 00 Degrees 45 Minutes 25 Seconds East,a distance of 15.00 feet to a point for corner lying on the South line of said Private Storm Drain Easement; 2. North 89 Degrees 58 Minutes 15 Seconds West,with the South line of said Private Storm Drain Easement,a distance of 15.00 feet to a point for the Southwest corner of said Private Storm Drain Easement,and lying on the West line of said 15'Water Easement; 3. North 00 Degrees 45 Minutes 25 Seconds West,with the West line of said 15'Water Easement and the West line of said Private Storm Easement,a distance of 15.00 feet to the POINT OF BEGINNING and containing 225 square feet or 0.005 acres of land, more or less. �Q'•�,�°T fR F�9 W I N D R O S E LAND SURVEYING I PLATTING :; '220 ELM STREET,SUITE 200 1 LEWISVILLE,TX 75057 1 214.217.2544 THOMAS WILLIAM MAUK FIRM REGISTRATION NO.10194331 1 WINDROSESERVICES.COM ......................... <� 51 19 A R T H U R IJR�I� LAND SURVEYING 220 Elm St.,#200-Lewisville,TX 75057 Ph.214.217.2544-TFRN#10063800 RPL,- No. arthursurvcying.com Established 1986 9 Page 1 of 5 DRAWN BY:ER DATE:09/14/2018 r.\E.0--wVr►— do\Mwy of eoo.00dWo.+a EXHIBIT "All ENCROACHMENT AGREEMENT LIMITS EXHIBIT SITUATED IN THE JOSIAH WALKER SURVEY,ABSTRACT NO. 1602,CITY OF FORT WORTH, TARRANT COUNTY, TEXAS TRACT 2 BEING a tract of land situated in the Josiah Walker Survey,Abstract No. 1602,in the City of Fort Worth,Tarrant County,Texas,being a portion of Lot 2, Block 1 of Victory at Basswood, an addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat thereof recorded in Document No. D217209290 of the Plat Records of Tarrant County,Texas(P.R.T.C.T.),being a portion of that certain tract of land described as Private Storm Drain Easement, as recorded in Document No. D217209290, P.R.T.C.T. and being a portion of that certain tract of land described as 19.5' Sanitary Sewer Easement, recorded in Document No. D217209290, P.R.T.C.T., and being more particularly described by metes and bounds as follows (Bearings and distances are based on the East right-of-way line of Blue Mound Road,as shown plat of said Victory at Basswood,(North 00 Degrees 45 Minutes 41 Seconds West)): COMMENCING at a 5/8 inch rebar found for the northernmost Northwest comer of said Lot 1,at the east end of a comer clip at the intersection of the East right-of-way line of Blue Mound Road(variable width right-of-way)with the South right-of-way line of Basswood Boulevard(130 foot right-of-way); THENCE South 89 Degrees 58 Minutes 15 Seconds East,with the South right-of-way line of said Basswood Boulevard,a distance of 416.19 feet to a point for the Northwest corner of a 30 foot Public Access,Water&Sanitary Sewer Easement,recorded in Document No. D217209290,P.R.T.C.T.; THENCE South 00 Degrees 01 Minutes 45 Seconds West,departing the South right-of-way line of said Basswood Boulevard,with the West line of said 30 foot public access,water&sanitary sewer easement,a distance of 23.29 feet to a point for corner at the beginning of a tangent curve to the right,having a central angle of 04 Degrees 53 Minutes 03 Seconds,a radius of 100.00 feet,and a chord bearing and distance of South 02 Degrees 28 Minutes 09 Seconds West, 8.52 feet; THENCE,in a southerly direction,continuing with the West line of said 30 foot public access,water&sanitary sewer easement,along said tangent curve to the right,an arc length of 8.52 feet to the POINT OF BEGINNING,being the beginning of a continuation curve to the right,having a central angle of 11 Degrees 22 Minutes 58 Seconds,a radius of 100.00 feet,and a chord bearing and distance of South 10 Degrees 36 Minutes 13 Seconds West, 19.83 feet; THENCE,in a southerly direction,continuing with the West line of said 30 foot public access,water&sanitary sewer easement,along said continuation curve to the right,an arc length of 19.86 feet to a point for corner in the South line of said 19.5'Sanitary Sewer Easement; THENCE North 89 Degrees 52 Minutes 02 Seconds West,departing the West line of said 30 foot public access,water&sanitary sewer easement and with the South line of said 19.5' Sanitary Sewer Easement,a distance of 15.73 feet to a point for comer in the West line of said Private Storm Drain Easement,at the beginning of a non-tangent curve to the left,having a central angle of 13 Degrees 29 Minutes 14 Seconds,a radius of 85.00 feet,and a chord bearing and distance of North 12 Degrees 30 Minutes 05 Seconds East, 19.96 feet; THENCE,in a northerly direction,with the West line of said Private Storm Drain Easement,along said non-tangent curve to the left,an arc length of 20.01 feet to a point for comer in the North line of said 19.5'Sanitary Sewer Easement; THENCE South 89 Degrees 52 Minutes 02 Seconds East,with the North line of said 19.5' Sanitary Sewer Easement,a distance of 15.06 feet to the POINT OF BEGINNING and containing 299 square feet or 0.007 acres of land,more or less. OF T �W IN AND SURVEYING R. PLATTING X220 ELM STREET,SUITE 200 I LEWISVILLE,TX 75057 12]4.217.2544 ••'••••••••••••••••••'••• FIRM REGISTRATION NO.10194331 1 WINDROSESERVICES.COM THOMAS WILLIAM MAUK �: � 5;;9••P�: • ARTHUR LAND SURVEYING 220 Elm St.,#200-Lewisville,TX 75057 Ph.214.217.2544-TFRN#10063800 RPLS No. arthursurveying.eom Established 1986 9 Page 2 of 5 DRAWN BY:ER DATE:09/14/2018 V'•'\Egh0-V\K—E"h--9\VWwy at 9m vW\0,o-9s EXHIBIT "All ENCROACHMENT AGREEMENT LIMITS EXHIBIT SITUATED IN THE JOSIAH WALKER SURVEY, ABSTRACT NO. 1602,CITY OF FORT WORTH, TARRANT COUNTY,TEXAS TRACT 3 BEING a tract of land situated in the Josiah Walker Survey,Abstract No. 1602,in the City of Fort Worth,Tarrant County,Texas,being a portion of Lot 2, Block 1 of Victory at Basswood, an addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat thereof recorded in Document No.D217209290 of the Plat Records of Tarrant County,Texas(P.R.T.C.T.),being a portion of that certain tract of land described as Private Storm Drain Easement, as recorded in Document No. D217209290, P.R.T.C.T. and being a portion of that certain tract of land described as 15' Water Easement, recorded in Document No. D217209290, P.R.T.C.T., and being more particularly described by metes and bounds as follows (Bearings and distances are based on the East right-of-way line of Blue Mound Road,as shown plat of said Victory at Basswood,(North 00 Degrees 45 Minutes 41 Seconds West# COMMENCING at a 5/8 inch rebar found for the northernmost Northwest corner of said Lot 1,at the east end of a corner clip at the intersection of the East right-of-way line of Blue Mound Road(variable width right-of-way)with the South right-of-way line of Basswood Boulevard(130 foot right-of-way); THENCE South 89 Degrees 58 Minutes 15 Seconds East,with the South right-of-way line of said Basswood Boulevard,a distance of 416.19 feet to a point for the Northwest corner of a 30 foot Public Access,Water& Sanitary Sewer Easement,recorded in Document No. D217209290,P.R.T.C.T.; THENCE South 00 Degrees 01 Minutes 45 Seconds West,departing the South right-of-way line of said Basswood Boulevard,with the West line of said 30 foot public access,water&sanitary sewer easement,a distance of 23.29 feet to a point for corner at the beginning of a tangent curve to the right,having a central angle of 15 Degrees 48 Minutes 13 Seconds,a radius of 100.00 feet,and a chord bearing and distance of South 07 Degrees 55 Minutes 55 Seconds West,27.50 feet; THENCE,in a southerly direction,continuing with the West line of said 30 foot public access,water&sanitary sewer easement,along said tangent curve to the right,an arc length of 27.58 feet to the POINT OF BEGINNING,being the beginning of a continuation curve to the right,having a central angle of 09 Degrees 23 Minutes 35 Seconds,a radius of 100.00 feet,and a chord bearing and distance of South 20 Degrees 31 Minutes 42 Seconds West, 16.37 feet; THENCE,in a southerly direction,continuing with the West line of said 30 foot public access,water&sanitary sewer easement,along said continuation curve to the right,an arc length of 16.39 feet to a point for corner on the South line of said 15'Water Easement; THENCE North 45 Degrees 50 Minutes 50 Seconds West,departing the West line of said 30 foot public access,water&sanitary sewer easement and with the South line of said 15'Water Easement,a distance of 16.02 feet to a point for corner in the West line of said Private Storm Drain Easement,at the beginning of a non-tangent curve to the left,having a central angle of 11 Degrees 29 Minutes 28 Seconds,a radius of 85.00 feet,and a chord bearing and distance of North 15 Degrees 58 Minutes 19 Seconds East, 17.02 feet; THENCE, in a northerly direction,with the West line of said Private Storm Drain Easement,along said non-tangent curve to the left,an arc length of 17.05 feet to a point for corner in the North line of said 15'Water Easement; THENCE South 45 Degrees 50 Minutes 50 Seconds East,with the North line of said 15'Water Easement,a distance of 17.50 feet to the POINT OF BEGINNING and containing 250 square feet or 0.006 acres of land,more or less. FTF A ND SURE G I ATTING. WINDROSE 'sso ELM Soo Ewst TX n.ss44 ;;,,,,,,,,,,,,,,,,,;,,, FIRM REGISTRATION NO.10194331 1 WINDROSESERVICES.COM THOMAS WILLIAM MAUK :.�� 5119 A RT H U R UP0�C. LAND SURVEYING 220 Elm St.,#200-Lewisville,TX 75057 Ph.214.217.2544-TFRN#10063800 RPLS No. 1 arthursurveying.com Established 1986 Page 3 of 5 DRAWN BY:ER DATE:09/14/2018 M\P*W k9\Kft—Enph�wi�p\Netory of Ban�ood\Drmrk�q� EXHIBIT "All ENCROACHMENT AGREEMENT LIMITS EXHIBIT SITUATED IN THE JOSIAH WALKER SURVEY,ABSTRACT NO. 1602,CITY OF FORT WORTH, TARRANT COUNTY,TEXAS TRACT 4 BEING a tract of land situated in the Josiah Walker Survey,Abstract No. 1602,in the City of Fort Worth,Tarrant County,Texas,being a portion of Lot 2, Block 1 of Victory at Basswood, an addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat thereof recorded in Document No. D217209290 of the Plat Records of Tarrant County,Texas(P.R.T.C.T.),being a portion of that certain tract of land described as Private Storm Drain Easement, as recorded in Document No. D217209290, P.R.T.C.T. and being a portion of that certain tract of land described as 15' Water Easement, recorded in Document No. D217209290, P.R.T.C.T., and being more particularly described by metes and bounds as follows (Bearings and distances are based on the East right-of-way line of Blue Mound Road,as shown plat of said Victory at Basswood,(North 00 Degrees 45 Minutes 41 Seconds West# COMMENCING at a 5/8 inch rebar found for the northernmost Northwest corner of said Lot 1,at the east end of a corner clip at the intersection of the East right-of-way line of Blue Mound Road(variable width right-of-way)with the South right-of-way line of Basswood Boulevard(130 foot right-of-way); THENCE South 89 Degrees 58 Minutes 15 Seconds East,with the South right-of-way line of said Basswood Boulevard,a distance of 416.19 feet to a point for the Northwest corner of a 30 foot Public Access,Water& Sanitary Sewer Easement,recorded in Document No. D217209290,P.R.T.C.T.; THENCE South 00 Degrees 01 Minutes 45 Seconds West,departing the South right-of-way line of said Basswood Boulevard,with the West line of said 30 foot public access,water&sanitary sewer easement,a distance of 23.29 feet to a point for corner at the beginning of a tangent curve to the right,having a central angle of 49 Degrees 38 Minutes 23 Seconds,a radius of 100.00 feet,and a chord bearing and distance of South 24 Degrees 50 Minutes 38 Seconds West, 83.95 feet; THENCE, in a southerly direction,continuing with the West line of said 30 foot public access,water& sanitary sewer easement,along said tangent curve to the right,an arc length of 86.64 feet to a point for corner; THENCE South 49 Degrees 40 Minutes 42 Seconds West,continuing with the West line of said 30 foot public access,water&sanitary sewer easement,a distance of 12.57 feet to a point for the East corner of said 15'Water Easement and the POINT OF BEGINNING; THENCE South 49 Degrees 40 Minutes 42 Seconds West,continuing with the Northwest line of said 30 foot public access,water& sanitary sewer easement,a distance of 15.00 feet to a point for the South corner of said 15'Water Easement; THENCE North 40 Degrees 19 Minutes 45 Seconds West,departing the Northwest line of said 30 foot public access,water&sanitary sewer easement,a distance of 15.00 feet to a point for the West corner of said 15'Water Easement,lying on the Northwest line of said Private Storm Drain Easement; THENCE North 49 Degrees 40 Minutes 42 Seconds East,with the Northwest line of said Private Storm Drain Easement,a distance of 15.00 feet to a point for the North corner of said 15'Water Easement; THENCE South 40 Degrees 19 Minutes 45 Seconds East,departing the Northwest line of said Private Storm Drain Easement,a distance of 15.00 feet to the POINT OF BEGINNING and containing 225 square feet or 0.005 acres of land,more or less. �W IN� ED RI PLATTING 220 ELM STREET,SUITE 200 1 LEWISVILLE,TX 75057 1 214.217.2544 ........................... FIRM REGISTRATION NO.10194331 1 WINDROSESERVICES.COM THOMAS WILLIAM MAUK ::--o 5;•;9..v::.. ARTHUR •URv� LAND SURVEYING 220 Elm St.,#200-Lewisville,TX 75057 Ph.214.217.2544-TFRN#10063800 RPLS NO. arthursurveying.com Established 1986 Page 4 of 5 DRAWN BY:ER DATE:09/14/2018 M.\E^YMwiW\KYlm�m EnpMwhp\Notary of Bs�oad\Ora�ig� C) W)o �u I 001 �F N V Nu � O �WOQ~ O Z —W o o 3WZ� y P �W D � 1 N \ 0QON� O aM0 Q.� ) Z ,on gP o II �M W W00a II 2 co O r 777 NNW F= T W Fos v IA7, �o \ i > w a �Z� nod (o LO M � °C mcew a 0 U ZO J10 dz OW� -ON Q ? w N .3�1�w• aow� J Io- az O � E W .o o N 0 w 0 Z z� z � S= Qa Iz b� N �z m 3 J 3 Q y O NV Z 3 a 1 A NN � S� v 9J WO?a ai. .Qa yt9 N aF- c,4 \ 0- sr �LL UD u I F+ \ "" LA-dJ+d� o WI I U a ;b d�L. 70 w � � ° 8I I I S �a'''•�O USLo as cn • �N �rn� v�'.v� cn• �. �M W E•^•1 O ® U I I I Q O (n W O a h+•1 �y ¢ w E- a I I U I I N a W N o W hx+l ►r+ � � � x 04 Q� I D_ I I W~ I N z a Q 2 U O ® O U2 7N I WN as O pU o O �O MN I Z~I I �N a O �I w �' co O I I Q^ I U I W cA O Q Off+ W W 3 3 3 W 3 W 3 3 W W W Q Z W ~ V n I N a in h in in N N O O N in N u1 N Q+ G N N O O h v1 a v v a in U Q UD O in in N N O O O Oi O Oi n �O wa o UD N °m a g) a I v r 7 r Ov a z ao a z u �, H n m rn rn rn rn h o, rn o v Z E� Q 13 V '°�'I m o I l LYj ry U F°- vii $ z $ z En z uvi w 0 A UaZ � Qi � $ • p p �p p p U E•'� ^I N O I O O O O O 8 n O O N O O 8 O O Q � �N � „ N vi vi vi vi vi �ri � vi vi ui vi v o is cn cn Q I a W I I C J fn J J J J J J J O J J J _ U, �ol LW C� t; N � N —� z ° �"so z o Zvi o ' c N Zoe W a o w W X O W tai o 0 0 � is � W O F __ � � O ° E ro O z U H z LU yy�yy,, pWp,� 3 W 3 W W a0 '11) d_O� I I N N U Q ry ate'+ Z m o O N 0^. . N � J o .� .`°° 3 N 0O ¢ 0 cio n O cn y k o o a H ' n N Oz Ew° w o Z � H 6 z in z rn i z F ro Q o a D O Z o I va c E Z 0 0 o � I a >1 15 ;4o1z J Uma Z • N �° tiLL '9d '9868 'l0/1' ' na o fc is �i W O^ ` m N Z z^ U L I'LS£ M„Ib,Sba00N 1N3W3Sd3 3NIl 2131 dMLo g E c`ri c"i c�i c�i c°i a v AdA1-AO LHORIHLQIA1 J'IffVIUVA a (,Von (INfl o I gIl'jlq 0< =:o 61?q R Y, cif 6 25 ui A co cc 0 ov) t3 > Ir 0 Z W p MEN R. 1 L.0 w 0 om OI 3�Z OR sm 55 z z 0 X w 1z w cc a woo R WWWd 1A 77— k-A i T i l i _ I i II I I o r. I r lol i, y , I I , ' I - I 1 - y I i I I I I I Od TAR. lull "Ah bg 9y v! • ol. AM f! '16 L9 7,7 zZ ............ LU - 2 630 �. a A•¢g = b yaJ 4 w > a a a o o I-- -4 Q- LLJ PRI 2 LU Jill W a. is I� u SIC cull I$I� III ` I < a INN, a [0 � i I ronw°•xv S f i � I i I I� 1 1 ACC>R CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) Illl- � 1 9/4/2018 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 an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: _ Swingle, Collins&Associates PHONE FAX 13760 Noel Road, Suite 600 972-387 3000 'A/C No Ext): A1C No:972-38 7-3808 Dallas TX 75240 ADDRESS: aacaley@_swinglecollins.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:Cincinnati Specialty Underwriters Ins Co 13037_ INSURED VICTREA-01 INSURER B:CSU Producer Resources, Inc. Victory Real Estate Group LLC (Named Insured continued below) INSURER C 8001 LBJ Frwy Ste 400 INSURER D Dallas TX 75251 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1919419151 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR 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 SUBR POLICY EFF POLICY EXP LIMITS LTR I R WVD POLICY NUMBER MM/DD/YYYY MM/DDIYYYY B GENERAL LIABILITY CSU0106618 10/31/2017 10/31/2018 EACH OCCURRENCE $1,000,000 X DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $100,000 CLAIMS-MADE � OCCUR MED EXP(Any one person) $0 X $1000 deductible PERSONAL&ADV INJURY $1,000,000 X Terrorism Incl GENERAL AGGREGATE $2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY F PRO X LOC $ A AUTOMOBILE LIABILITY CSU0106618 10/31/2017 10/31/2018 COMBINED SINGLE LIMIT Ea accident 1,000,000 ANY AUTO BODILY INJURY(Per person) $ ALL OWNEDSCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ X X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident A X UMBRELLA LIAB X OCCUR CSU0106620 10/31/2017 10/31/2018 EACH OCCURRENCE $5,000,000 EXCESS LIAB rl CLAIMS-MADE AGGREGATE $5,000,000 DED I X I RETENTION$10.000 1 $ WORKERS COMPENSATION WC STATU- 0TH- AND EMPLOYERS'LIABILITY YIN TORY LIMITS R __ ANY PROPRIETOR/PARTNER/EXECUTIVEE.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED ❑ N/A - — (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ _ If yes,describe under -- DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Re:26 acres of vacant land at SEC of Basswood and 156, Ft Worth,TX.Project#PN 18-00083 Named Insured(continued):Victory at Basswood,LLC Job/Project: PN18-00083 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fort Worth ACCORDANCE WITH THE POLICY PROVISIONS. Planning& Development—CFA Office PN 18-00083 AUTHORIZED REPRESENTATIVE 200 Texas Street Fort Worth TX 761020 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD