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HomeMy WebLinkAboutContract 51983 CITY SECRETARY CONTRACT N0. SICIS3 EASEMENT ENCROACHMENT LICENSE AGREEMENT Commercial 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, Assistant City Manager, or Planning and Development Director, and ACH Landowner III, a nonprofit corporation ("Licensee"), owner of the real property located at 3001 Grayson Street, Fort Worth,Texas 76119 ("Property"), acting by and through its duly authorized CEO. 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, attached as "Exhibit C" and incorporated herein for all purposes; and WHEREAS, the City has a drainage and open space easement (the "Easement") in the Property as shown on the map attached to this Agreement as "Exhibit A," which is incorporated herein for all purposes; and WHEREAS, Licensee desires to construct, place, and/or maintain certain improvements which will encroach in, on, above, or below the City's Easement; and WHEREAS, to accommodate the needs of the Licensee, the City will allow the encroachment under the terms and conditions as set forth in this Agreement. NOW, THEREFORE, the City and Licensee agree as follows: AGREEMENT 1. The 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 in, on, above, or below and occupy a portion of the City's Easement as described in and at the location shown on Exhibit A, but only to the extent shown thereon, for the purpose of establishing a security fence along the north eastern corner of the site and provide a data conduit underneath Mighty Mite Drive connecting to the adjacent eastern lot 4R2 (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within 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. F(IFFICIAL RECORDS GO��SG��pO Easement Encroachment Agreement-Commercial Page 1 of 12,"AB` RY \� Revised 12/201$414P-r L 2. All construction, maintenance, or operation in connection with such Encroachment, use, and occupancy shall comply and be performed in strict compliance with this Agreement and with the Charter, Ordinances, and Codes of the City, and in accordance with the directions of the Director of the Transportation and Public Works Department or the Director of the Water Department, or their duly authorized representative. Prior to the construction of the Encroachment, Licensee shall submit all plans and specifications to the applicable Director or duly authorized representative. Licensee shall not commence construction of the Encroachment until such approval shall be indicated in writing by the applicable Director or authorized representative. However, such approval shall not relieve Licensee of responsibility and liability for concept, design, and computation in the preparation of such plans and specifications. 3. 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 securing the approval and consent of the appropriate utility companies and agencies of the State and its political subdivisions. In the event that any installation, reinstallation, relocation, or repair of any existing or future utility or improvements owned by or 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 the 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 their duly authorized representative. 4. Licensee agrees that the 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. The City shall bear no responsibility or liability for any damage or disruption or other adverse consequences resulting from the Encroachment installed by Licensee,but the City will make reasonable efforts to minimize such damage. 5. Upon termination of this Agreement, Licensee shall, at the option of and at no expense to the City, remove the Encroachment and restore the Easement to a condition acceptable to the Director of Transportation and Public Works or the Director of the Water Department, or their duly authorized representative, in accordance with then- Easement Encroachment Agreement-Commercial Page 2 of 12 Revised 1212018 existing City specifications. It is understood and agreed to by Licensee that if this Agreement terminates and Licensee fails to remove the Encroachment as directed and restore the Easement, Licensee hereby gives the City permission to remove the Encroachment and any supporting structures and assess a lien on the Property for the costs expended by the City in taking such actions. 6. Pursuant to the City of Fort Worth Neighborhood Empowerment Zone (NEZ) Tax Abatement Policy and Basic Incentives, the usual five hundred dollar ($500.00) encroachment application fee is waived for NEZ Project Certification NZ 18-00552. 7. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by the City. However, this Agreement may be terminated upon Licensee's noncompliance with any of the terms of this Agreement. City shall notify Licensee in writing of any noncompliance and if not cured within thirty (30) days, this Agreement shall be deemed terminated, unless such noncompliance is not susceptible to cure within thirty (30) days, in which case this Agreement shall be deemed terminated in the event that Licensee fails to commence and take such reasonable steps as are necessary to remedy the noncompliance within thirty (30) days after written notice specifying the same, or having so commenced, thereafter fails to proceed diligently and with continuity to remedy same. 8. It is further understood and agreed between the parties hereto that the Easement to be used and encroached upon 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. 9. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS Easement Encroachment Agreement-Commercial Page 3 of 12 Revised 12/2018 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, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, 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 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. 10. 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 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 thirty (30) days prior written notice to the Building Official of the City. 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 the City on the anniversary date of the execution of this Agreement. Licensee agrees, binds, and obligates itself and 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 Licensee's contractors and subcontractors. Easement Encroachment Agreement-Commercial Page 4 of 12 Revised 12/2018 11. Licensee agrees to deposit with the 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. 12. Licensee agrees to comply fully with all applicable federal, state, and local laws, statutes, ordinances, codes, and regulations in connection with the construction, operation, and maintenance of the Encroachment and uses. 13. 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. 14. 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. 15. 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. 16. In any action brought by the City for the enforcement of the obligations of the Licensee, the City shall be entitled to recover interest and reasonable attorneys' fees. Easement Encroachment Agreement-Commercial Page 5 of 12 Revised 1212018 17. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. 18. 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 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 sixty (60) days of such foreclosure or assignment and assumes all of Licensee's 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. 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. 20. This Agreement shall be binding upon the parties hereto and their successors and assigns. 21. This Agreement may be executed in multiple counterparts, each of which shall be considered an original,but all of which shall constitute one instrument. [SIGNATURES APPEAR ON FOLLOWING PAGE] Easement Encroachment Agreement-Commercial Page 6 of 12 Revised 12/2018 City: Licensee: CITYOF FO T RTH ACH Landowner III By: By: Randle Harwood, Director Name: 4yne Carson Planning&Developent Title: CEO�' Date: Date: Z By: Name: Title: Date: F®R A1 1 EST. n :a Approved As To Form and Legality �� i;t;,K City Secr Trey Qualls Assistant City Attorney Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all performance n and)eporting requirements. Janie S. Morales Development Manager OFFICIAL REC �10i CITY SECRETARY FT. WORTH, I-X Easement Encroachment Agreement-Commercial Page 7 of 12 Revised 1212018 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 Randle Harwood, 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 Ze day of 20 otary Pu in and f the State of Texas �,,arrrr, JEh, FEq {r =Notary �'U'SE VERNACK ?• V Public,State After recording return to: ':,;aFriF hComm. Ex of texas �rnr�� � Pyr®S 03-01-202° Planning& Development No Ip 130561630 Development Coordination Office 200 Texas Street Fort Worth,Texas 76102 FO�T F�C AL, Rik Easement Encroachment Agreement-Commercial 2a8 of 12 Revised 12/2018 STATE OF TEXAS § COUNTY OF TARRANT § —� BEFORE ME, the undersigned authority, a Notary Public in and for the State of on this day personally appeared Wayne Carson, CEO (Title) 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 ACH Landowner III, a nonprofit corporation (entity type), and in the capacity therein stated. GIVEN UNDER MY LAND AND SEAL OF OFFICE this � day 20 �� . E100 PV�ii MARIA V. RODRIGUEZ Notary Public, state of Texas Nota ' m d for the _ }�`- Comm. Expires 04-24-2021 . Notary ID 124044006 State ofd I t Easement Encroachment Agreement-Commercial Page 9 of 12 _____. e 21201$ EXHIBIT "A" Map of Encroachment and Easement Easement Encroachment Agreement-Commercial Page 10 of 12 Revised 10/22/2018 Exhibit A UTILITY EASEMENT ENCROACHMENT LOT 4R1, BLOCK 1, MASON HEIGHTS . JESSE JUSTICE SURVEY ABSTRACT NO. 859 ® CITY OF FORT WORTH, TARRANT COUNTY, TEXAS S _ 0` 5' lot � _�;_;•r'r�;r < CC1f D212201�3 `. "= lot LOT 3, BLOCK 1 _ _.•: .r- 0PRIC1 ;(-CU MASON HEIGHTS ADDITION FOUND i CC,# D212201535 OPRTCT.211X-0 Lt�i 4112,BLOCK 1 Fence Corner Post g3 591 MASON HEIGHTS S 5802130 VV O CC#D215125841 iy pOB OPRTCT �J V �} W GR4D N:6942599.18 �,..- 72.18 5'VE GRID E: 1of y t D,212155696 24.94 t11dEA OACHttAENT Cot GE'NCft pPRTCT PROPOSED FEN �• 0 6942586.88 y i -^ GRD N 2343285.03 m a D E: i n ao LOT 4131,BLOCK 1 n o MASON HEIGHTS y 00 , N y CC#D215125841 N OPRTCT a W m y } , i r 00 Cn n O v m m ti �dvm� ,1 U r, 7' LEGEND AE.............Access Easement e t PAE............Private Access Easement E POB...........Paint of Beginning i h U POT............Point of Termination OPRTCT.....Official Public Records Tarrant County,Texas Line Table wUE............-Utility Easement / Line# Direction Length c� o Ll N80'09'39"E 10.61 NOTES: a 0 1• Basis of bearing being State Plane Grid-Texas North Central Zane(4202)NAD83 as established using GPS Technology in conjunction with the Cn RTK Cooperative Network.Reference frame is NAD83(2011) Epoch 2010.0000, 2.All distances shown are at ground. 3.This survey has been prepared without the benefit of a current commitment for title insurance,additional easements or restrictions may affect this property. M 4.This Survey reflects the above ground indications of utilities.The surveyor makes no guarantee that the utilities shown comprise all such utilities in the area, C either in service,or abandoned.Further,the surveyor does not warrant that the underground utilities shown are in the exact location indicated.The surveyor has 2 not physically located all the underground utilities,or other buried features,but has made an attempt to!orate those visible or indicated as accurately as possible. 5.This survey does not constitute a boundary survey and should not be used to convey or establish interests in real property. C SOFT tSTE �RF�."9S i < .: : . . ................ .• BAIRD, HAMPTON&BROWN � `".�t ROBERT P.ALLEN ...__-_- --- ....................... engineering and surveying : O 6495 Do >, 3801 William D.Tate Ave,Ste 500 Grapevine.TX 76051 •.....• y� mail@bhbinc.com•817.251.8550-bhbinc.com Robert P.Allen October 26, 2018 SUR TBPE Firm 944•TBPLS FIRM#10011302 Registered Professional Land Surveyor No.6495 / PROJECT NO.2018.143.000 w Exhibit A UTILITY EASEMENT ENCROACHMENT LOT 4R1, BLOCK 1, MASON HEIGHTS JESSE JUSTICE SURVEY ABSTRACT NO. 859 CITY OF FORT WORTH,TARRANT COUNTY, TEXAS BEING the centerline of a proposed 2-foot wide fence situated within Lot 4131, Blockl, Mason Heights, an addition to the City of Fort Worth, as shown on plat recorded in CC# D215125841,Official Public Records,Tarrant County, Texas, OPRTCT and being more particularly described by metes and bounds as follows: (Basis of bearing being U.S. State Plane Grid-Texas North Central Zone(4202) NAD83 as established using the Western Data Systems RTKNet Cooperative Network. Reference frame is NAD83(2011) Epoch 2010.0000. Distances shown are U.S. Survey feet displayed in surface values.) BEGINNING at the centerline of a 2-foot wide fence whose state plane coordinates are E North: 6942599.19, East: 2343272.18, from which a 2-inch metal fence corner post found for a re-entrant corner of said Lot 4R1 bears South 80°21'30"West,a distance of 193.59 feet; 0 m THENCE North 80.09'39" East,with the centerline of the said fence,a distance of 10.61 feet; o THENCE South 09°36'38" East, continuing with the centerline of the said fence, a distance of 14.33 feet to the POINT OF TERMINATION whose state plane coordinates are North:6942586.88, East:2343285.03 from which an "X" cut found for the northeast corner of the aforesaid Lot 4111 bears North 49°50'28" East, a distance of 29.71 feet; o, Said centerline having a calculated distance of 24.94 feet. v U C N lL , C C N E L U 6 O 0 U C W C.7 O O C V m oC _ E O F T ��,�`o'sTER�o•y�, aC i #: . e V .............. a•a ROBERT P.ALLEN aria aria s.aaaa uausua 6495 M BAIRD, HAMPTON& BROWN engineering and surveying ��•SURaaR l / ro 3801 William D.Tate Ave,Ste 500 Grapevine,TX 76051 Robert P.Allen October 26,2018 mailrabhbinc.rom•817.251.6550•bnbmc.com Registered Professional Land Surveyor No.6495 D TBPE Firm#44•TBPLS FIRM#10011302 / PROJECT NO. 2018.143.000 ti Exhibit A EASEMENT ENCROACHMENT LOT 4111, BLOCK 1, MASON HEIGHTS JESSE JUSTICE SURVEY ABSTRACT NO. 859 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS LOT 3, BLOCK 1 MASON HEIGHTS ADDITION CC# D212201535 r. OPRTCT X_CUT vourin J LOT 4R1,BLOCK 1 Co ' r, '✓✓ MASON HEIGHTS CC#0215125841 OPRTCT p a ti��V S6j, �2 oq q C. o # � POB "a�1T o GRID N:6942423.92 23 s GRID E:2343254.71 1 POT / / J GRID N:6942414.94 '? GRID E:2343276._59 IW r� E Co 3 w ` S / 0 5 10 CO LOT 4112,BLOCK 1 O MASON HEIGHTS J ����y� rV^' CC#D215125841 1"= 10, OPRTCT ti tC / X-CUT 0 / FOUND U LEGEND GRID W 6942334.84 I AE.............Access Easement GRID E:2343244.02 PAE...........Private Access Easement / E POB.......,—Point of Beginning V POT--........Point of Termination oOPRTCT.....Official Public Records Tarrant County,Texas C c UE...........—Utility Easement w WE.............Water Easement 3 NOTES: 0 / 1.Basis of bearing being State Plane Grid Texas North Central Zone(4202)NAD83 as established using GPS Technology in 0 o conjunction with the RTK Cooperative Network.Reference frame is NAD83(2011) Epoch 2010.0000. / 2.Ali distances shown are at ground. 3. This survey has been prepared without the benefit of a current commitment for title insurance,additional easements or restrictions may affect this property. 4.This Survey reflects the above ground indications of utilities.The surveyor makes no guarantee that the utilities shown comprise all such utilities in the area,either in service,or abandoned.Further,the surveyor does not warrant that the underground utilities shown are 0 0 in the exact location indicated.The surveyor has not physically located all the underground utilities,or other buried features,but has .E made an attempt to locate those visible or indicated as accurately as possible. 5.This survey does not constitute a boundary survey and should not be used to convey or establish interests in real property. E OF T� °asaaa°® L �'�P4�15TER�'.I°ys _ f / 7I t 3 •: •aas•aaasa aa•a®oa•••°oo• ' V� ROBERT P.ALLEN r7 BAIRD, HAMPTON R BROWN ��- ;/U ••,.•••••••°•••••••,••• `r engineering and surveying f %aA 6495 „? � C'�AA•,���551�`i•�0 'VO•sa•• ••r j, 3801 William D.Tate Ave,Ste 500 Grapevine,TX 76051 S U R C. mail@bhbinc.com•817.251.8550•bhbinc.com Robert P.Allen October 26,2018 TBPE Firm#44•TBPLS FIRM#10011302 Registered Professional Land Surveyor No.6495 LO PROJECT N0.2018.143.000 w Exhibit A r EASEMENT ENCROACHMENT LOT 4111, BLOCK 1, MASON HEIGHTS JESSE JUSTICE SURVEY ABSTRACT Na, 89 CITY OF FLIRT WORTH,TARRANT COUNTY, TEXAS BEING the centerline of a proposed 12 Inch wide data conduit situated within Lot 4R1, Block 1, Mason Heights, an addition to the City of Fort Worth, as shown on plat recorded in CC#D215125841,Official Public Records,Tarrant E County,Texas, OPRTCT and being more particularly described by metes and bounds as follows: (Basis of bearing being U.S.State Plane Grid-Texas North Central Zone (4202) NAD83 as established using the Western Data o Systerns RTKNet Cooperative Network. Reference frame is NAD83(2011) Epoch 2010.0000. Distances shown are U.S.Survey feet displayed in surface values.) N BEGINNING at the centerline of the said data conduit whose state plane coordinates are N North: 6942423.92, East: 2343254.71,from which an "X"cut found for the northeast corner of said Lot 4131 bears a North 16°13'58"East, a distance 189.70 feet; o, THENCE South 67°39'52" East,with the centerline of the said data conduit, a distance of 23.66 feet to the common line between said Lot 4131 and Lot 4R2 of the aforesaid Block 1, Mason Heights For the POINT OF TERMINATION whose state plane coordinates are North: 6942414.94, East: 2343276.59 from which an "X" cut 0 found for an angle point in the said common line bears South 2207'20" West, a distance of 86.36 feet whose J state plane coordinates are North: 6942334.84, East: 2343244.02; Said centerline having a calculated distance of 23.66 feet. O U C N E t U O O V C W C7 3 0 0 0 0 / c M C a TFRF',95 ALLEN..asN q�oaQ j � f j `�' c. P�,�tBAIRD, HAMPTON&BROWN C. ' ox �engineering and surveyingv C• 1-1 3801 William D.Tate Ave,Ste 500 Grapevine,TX 76051 Robert P.Allen October 26,2018 Z mail@bhbinc.com•817.251.8550•bhbinc.com Registered Professional Land Surveyor No.6495 Z3 TBPE Firm#44•TBPLS FIRM#10011302 PROJECT NO.2018.143.000 Exhibit A — N EASEMENT ENCROACHMENT LOT 4R2, BLOCK 1, MASON HEIGHTS JESSE JUSTICE SURVEY ABSTRACT NO. 859 `k' Q CITY OF FORT WORTH, TARRANT COUNTY, TEXAS LOT 3, BLOCK 1 I MASON HEIGHTS ADDITION CC# D212201535 l OPRTCT -CUA S �OUND V' 5) 10, ii LOT 4R1,BLOCK 1 MASON HEIGHTS CCI#0215125841 1"= 10' OPRTCT ;v / 4 ~� / oa L POB '` a m m / GRID N:6942414.94 ry ��ti Mh GRID E:2343276.59CIA o N o 611� / 7 "Rp 61 " 4" LOT`� h y^�v / / LOT 4R2,BLOCK 1 POT MASON HEIGHTS GRID N:6942406.07 0 a� r`7 / CC#0215125841 GRID E:2343298.18 X-CUT OPRTCT FOUND v / GRID N:6942334.84 'q- 0 o GRID E:2343244.02 U Qti y LEGEND E AE.............Access Easement PAE...........Private Access Easement / o o POB...........Point of Beginning ^y c POT—.........Point of Termination ' Li OPRTCT.....Official Public Records Tarrant County,Texas c� UE.—........Utility Easement o WE.............Water Easement NOTES: 0 1.Basis of bearing being State Plane Grid-Texas North Central Zone(4202)NAD83 as established using GPS Technology in conjunction with 0 the RTK Cooperative Network.Reference frame is NAD83(2011) Epoch 2010.0000, 2.All distances shown are at ground. 3.This survey has been prepared without the benefit of a current commitment for title insurance,additional easements or restrictions may affect this property. m 4.This Survey reflects the above ground indications of utilities.The surveyor makes no guarantee that the utilities shown comprise all such utilities in the area, either in service,or abandoned.Further,the surveyor does not warrant that the underground utilities shown are in the exact location indicated.The surveyor 6 has not physically located all the underground utilities,or other buried features,but has made an attempt to locate those visible or indicated as accurately as C possible. S.This survey does not constitute a boundary survey and should not be used to convey or establish interests in real prcperty. c .r J , BAIRD, HAMPTON& BROWN /j C /` �'1/ j �r L"t' ROBERT P.ALLEN engineering and surveying ////// � s�� 6495 �; '•of o :p ao t'9 ••ESs1.;. �Q' j, 3801 William D.Tate Ave.Ste 500 Grapevine,TX 76051 tiO '� mail@bhbinc.com•817.251.8550•bhbinc.com Robert P.Allen October 26,2018 SU Rv TBPE Firm#44•TBPLS FIRM#10011302 Registered Professional Land Surveyor No.6495 N PROJECT NO.2018.143.000 w Exhibit A EASEMENT ENCROACHMENT LOT 4132, BLOCK 1, MASON HEIGHTS JESSE JUSTICE SURVEY ABSTRACT NO. 859 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS BEING the centerline of a proposed 12 Inch wide data conduit situated within Lot 4R2, Block 1, Mason Heights, an addition to the City of Fort Worth, as shown on plat recorded in CC4 D215125841, Official Public Records,Tarrant County,Texas, OPRTCT and being more particularly described by metes and bounds as follows: (Basis of bearing being U.S.State Plane Grid-Texas North Central Zone(4202) NAD83 as established using the Western Data E Systems RTKNet Cooperative Network. Reference frame is NAD83(2011) Epoch 2010.0000. Distances shown are r° U.S.Survey feet displayed in surface values.) N I? BEGINNING at the centerline of the said data conduit in the common line between said Lot 4132 and Lot 4111 of 2 said Block 1, Mason Heights whose state plane coordinates are North: 6942414.94, East: 2343276.59,from which N an "X" cut found for an angle point in the said common line bears South 22°07'20"West, a distance 86.36 feet Nwhose state plane coordinates are North: 6942334.84, East: 2343244.02; _o THENCE South 67°39'52" East, with the centerline of the said data conduit, a distance of 23.34 feet to the POINT rn OF TERMINATION whose state plane coordinates are North: 6942406.07, East: 2343298.18 from which an "X" cut found for the northwest corner of said Lot 4R2 bears North 02°44'07" East,a distance of 200.23 feet; N Said centerline having a calculated distance of 23.66 feet. 0 O J .w+ C O U C N E t U O O U C W O O O / Ot C m C O .0 OF v �����is•re'r£ q V'-F' RFo••S v J 1 J LL,_ ROBERT P.ALLEN t / t M BAIRD, HAMPTON&BROWN t/ :•0 6495 �,•� engineering and surveying �9,y• FfSStie�.•�p� 3801 William D.Tate Ave,Ste 500 Grapevine,TX 76051Robert P.Alien October 26,2018 g y SU R� j mail@bhbinc.com•817.251.8550•bhbinc.com Registered Professional Land Surveyor No. 6495 TBPE Firm#44•TBPLS FIRM#10011302 / PROJECT N0.2018.143.000 w EXHIBIT "B" Certificate of Insurance Easement Encroachment Agreement-Commercial Page 11 of 12 Revised 10/22/2018 Exhibit B DATE(MM/DD/YYYY) ACORa CERTIFICATE OF LIABILITY INSURANCEF 1i►.+� 2/14/2019 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(les) 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: C ndl McDaniel MHBT, a Marsh&McLennan Agency, LLC company PHONE 872.770 1600 AX No:972-770-1699 8144 Walnut Hill Lane, 16th FI fAIC.E-MAINo,L Dallas TX 75231 ADDRESS: C ndl McDaniel mhbt.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:North River Insurance Company 21105 INSURED ACHCHI INSURER B:United States Fire Insurance Company 21113 ACH Child and Family Services 3712 Wichita Street INSURER C:Texas Mutual Insurance Company 22945 Fort Worth TX 76119 INSURER D: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER:642123306 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 SUER POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DDIYYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY 5068934766 3131!2018 3/31/2019 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES Ea occurrence $100,000 MED EXP(Any one person) $5,000 PERSONAL 8 ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY F7PRO JECT ❑ LOC PRODUCTS-COMP/OP AGG S2,000,000 OTHER: $ A AUTOMOBILE LIABILITY 5068934766 3/31/2018 3/31/2019 COMBINED SINGLE LIMIT $1,000,000 Ea accident 1 000 000 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS PROPERTY DAMAGE NON-OWNED Per accident) $ iHIRED AUTOS AUTOS B UMBRELLA LIAB OCCUR 5821100892 3/31/2018 3/31/2019 EACH OCCURRENCE $10,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED I I RETENTION$ s C WORKERS COMPENSATION TSF0001115074 3/31/2018 3131!2019 X PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVEE.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached it more space is required( Additional Insured form#FM.101.0.2404 edition 11/08 applies to the General Liability policy. Additional Insured form#FM 114.0.1378 edition 10/13 applies to the Automobile Liability policy. Primary and Noncontributory form#FM.101.0.2404 edition 11/08 applies to the General Liability policy. Waiver of subrogation form#CG0001 edition 04/13 applies to the General Liability policy. Waiver of subrogation form#FM114.0.1096 edition 03/09 applies to the Automobile Liability policy. Waiver of subrogation form#WC4203048 edition 06/14 applies to the Workers Compensation policy. The certificate holder shall be an additional insured in accordance with all the terms,conditions,and limitations of the policy and then only with respect to See Attached... 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. CFA Office—PN 18-00123 200 Texas Street AUTHORIZED REPRESENTATIVE Fort Worth TX 76102 wf ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Exhibit B AGENCY CUSTOMER ID: ACHCHI LOC#: A�R p® ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED MHBT,a Marsh&McLennan Agency,LLC company ACH Child and Family Services 3712 Wichita Street POLICY NUMBER Fort Worth TX 76119 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE liability caused by the negligent acts or omissions of the Named Insured. The General Liability policy includes a blanket additional insured endorsement to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability policy contains a blanket waiver of subrogation endorsement that may apply only when there is a written contract between the named insured and the certificate holder that requires such wording. The Workers Compensation policy contains a blanket waiver of subrogation endorsement that may apply only when there is a written contract between the named insured and the certificate holder that requires such wording. Named Insured Includes:ACH Landowner III ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXHIBIT "C" Metes and Bounds of the Property Easement Encroachment Agreement-Commercial Page 12 of 12 Revised 10/22/2018 Exhibit C Page 1 of 2 BAIRD, HAMPTON & BROWN building partners BEING all of that certain Lot 4111, Block 1, of Mason Heights, an addition to the City of Fort Worth, Tarrant County,Texas, as shown on plat thereof recorded in County Clerk's Instrument No. (CC#) D215125841, of the Official Public Records,Tarrant County,Texas, (OPRTCT), and being more particularly described by metes and bounds as follows: (Basis of bearing being U.S.State Plane Grid- Texas North Central Zone (4202) NAD83 as established using the Western Data Systems RTKNet Cooperative Network. Reference frame is NAD83(2011) Epoch 2010.0000. Distances shown are U.S. Survey feet displayed in surface values.) BEGINNING at a 5/8-inch iron rod found cap marked "Huitt Zollars"for the southwest corner of said Lot 4111 and being the common southeast corner of Lot 2112, Block 1, of the Mason Heights Addition, an addition to the City of Fort Worth,Tarrant County,Texas,as shown on plat thereof recorded in (CC#) D21618248, (OPRTCT),also being in the north right of way line of Grayson Street(60' right of way); THENCE North 09°51'35" West,with the west line of said Lot 4111 and being common with the east line of said Lot 2112, a distance of 374.44 feet to a 1/2-inch iron rod found with a cap marked "WAI"for the westerly northwest corner of Lot 4111 and being the common westerly southwest corner of Lot 3, Block 1, of the Mason Heights Addition, an addition to the City of Fort Worth,Tarrant County,Texas,as shown on plat thereof recorded in (CC#) D212201535 (OPRTCT); THENCE North 80°09'49" East, with the westerly north line of the aforesaid Lot 4111 and being with the common westerly south line of said Lot 3, a distance of 278.35 feet to a 1/2-inch iron rod found with a cap marked "WAI",for the easterly northwest corner of the aforesaid Lot 4111 and being the common ell corner of said Lot 3; THENCE South 09°50'22" East, with the northerly east line of aforementioned Lot 4111 and being common with the southerly west line of aforesaid Lot 3, a distance of 30.09 feet to a 2-inch metal fence post found for the easterly southwest corner of aforesaid Lot 3 and being the common ell corner of aforementioned Lot 4111; THENCE North 80°09'39" East, with the easterly north line of said Lot 4111 and being with the common easterly south line of aforementioned Lot 3, a distance of 229.79 feet to an"X" cut in concrete found for the northeast corner of said Lot 4111 and being the common northwest corner of Lot 4112, Block 1,of said Mason Heights,from which a 1/2-inch iron rod found with a cap marked "WAI"for the southeast of aforementioned Lot 3, bears North 80°09'39" East,a distance of 21.37 feet; THENCE southerly with the southerly east line of aforesaid Lot 4111 and being with the common west line of said Lot 4112,the following courses and distances: 3801 William D Tate,Suite 5011 1 Grapevine,TX 760511 P111:817-251-85501 FX:817-251-8810 TBPE Firm#44,TBPLS Firm#10011300,#10011302,#10194146 engineering I surveying I landscape Page 2 of 2 South 09°48'20" East,a distance of 48.51 feet to an "X"cut in concrete found and the PC of a curve to the right, having a radius of 115.65 feet; Southerly with said curve to the right,having a central angle of 28`59'36", a chord bearing and distance of South 04033'01"West,a distance of 57.90 feet,an arc distance of 58.52 feet to an "X" cut in concrete found,for the PT of said curve; South 22°07'20"West,a distance of 178.80 feet to an "X"cut in concrete found and the PC of a curve to the left, having a radius of 113.50 feet; Southerly with said curve to the left, having a central angle of 22°37'52",a chord bearing and distance of South 10048'27"West, a distance of 44.54 feet,an arc distance of 44.83 feet to an "X"cut in concrete found,for the PT of said curve; South 00°30'25" East,a distance of 107.55 feet to a mag nail found for the southeast corner of aforesaid Lot 4111 and being the common southwest corner of the said Lot 4112, in the north right of way line of said Grayson Street,from which a 1/2-inch iron rod found with cap marked "WAI" bears North 89026'24" East, a distance of 67.46 feet; THENCE South 89°26'24"West,with the south line of the aforementioned Lot 4111 and being with the common north right of way line of Grayson Street, a distance of 370.65 feet to the POINT OF BEGINNING and containing 173,020 square feet or 3.972 acres of land, more or less. ,� OF r ,. Robert P.Allen Registered Professional Land Surveyor No.6495 Date: 12-20-2018 3801 William D Tate,Suite 500 1 Grapevine,TX 76051 PH:817-251-8550 FX:817-251-8810 TBPE Firm#44,TBPLS Firm#10011300,#10011302,#10194146 engineering I surveying I landscape