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HomeMy WebLinkAboutContract 52184 CITY SECRETARY CONTRACT NO. RECEIVED APR 15 2019 PUBLIC RIGHT-OF-WAY ENCROACHMENT LICENSE AGREEMENT CITY OF FORT WORTH COMMERCIAL CITY SECRETARY 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 Department Director, and Bell Helicopter Textron Inc., a(n) corporation ("Licensee"), owner of the real property located at 600 E. Hurst Blvd, Fort Worth, Texas 7605 3("Property"), acting by and through its duly authorized Vice President Contracts. 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 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," which is incorporated herein for all purposes; and WHEREAS, Licensee desires to construct/place and maintain certain improvements which will encroach in, on, above, or below the Public Right-of-Way; 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 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 Public Right-of-Way as described in and at the location shown on Exhibit A, but only to the extent shown thereon, for the purpose of installing nine way-finding monument signs encroaching city right-of-way (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within the Public Right-of-Way. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on the Public Right-of-Way beyond what is specifically described in the exhibit(s) attached hereto. OFFICIAL RECORD ROW Encroachment Agreement-Commercial CITY SEGRETARY FT. kid% 2. All construction, maintenance, or operation in connection with such Encroachment, use, or 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 the securing the approval and consent of the appropriate utility companies and 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 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 City an additional amount equal to such additional cost as 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 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 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 Public Right-of-Way 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-existing City specifications. It is understood and agreed to by Licensee that if this ROW Encroachment Agreement-Commercial Page 2 of 33 Revised 12/2018 Agreement terminates and Licensee fails to remove the Encroachment as directed and restore the Public Right-of-Way, Licensee hereby gives 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. In order to defray all costs of inspection and supervision which the 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 to City at the time this Agreement is requested an application fee in the sum of Five Hundred Dollars ($500.00). Additionally, Licensee agrees to pay a fee in the amount of$1.44 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 thirty (30) years, commencing on the date this Agreement is executed by 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 Public Right-of-Way to be used and encroached upon 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 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 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. ROW Encroachment Agreement-Commercial Page 3 of 33 Revised 12/2018 9. 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, 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 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 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 is 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 ROW Encroachment Agreement-Commercial Page 4 of 33 Revised 12/2018 restoration of the Public Right-of-Way. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. 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 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 property in which a third-party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. ROW Encroachment Agreement-Commercial Page 5 of 33 Revised 12/2018 16. 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 attorneys' fees. 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] ROW Encroachment Agreement-Commercial Page 6 of 33 Revised 12/2018 City: Licensee: CITY OF FORT WORTH Bell Helicopter Textron Inc. By: Wawzwuil By _ �_4K Le! Randle Harw d, Dire or Name: Rudolf C. Lopez V Plannin &Development Title: Vice President Contracts Date: D 1 13 Date: , <� A By: Name: Title: Date: ~� ��• ATTEST: 'J � pproved As To Form and Legality City Secr Trey siM&City AUMOY 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 Development Manager UF=i AL kLLORD ROW Encroachment Agreement-Commercial LPage 7 of 33 IlY Revised 12/2018 "X ***THIS PAGE FOR CITY OF ' 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. OI.'EN UNDER X4:' HAND AND SEAL OF OFFICE thisZday of 20�� Notary Publi i and fo th tate of Texas JENNIFER LOUISE EZERNACK qP : nc Notary public, State of Texas %9T �: Comm. Expires 03 01-2020 eoF��` Notary ID 130561630 After recording return to: Planning&Development Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 FRUAa RECORD CITY SECRETARY ROW Encroachment Agreement-Commercial FT4P � f 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 Rudolf C. Lopez, Vice President Contracts (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 Bell Helicopter Textron Inc., a corporation (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this Pfl day of 20 CHERI L.THOMPSON Notary Public in and for the =J^ b My Notary ID#1866485 c� �.;,� .• Expires October 17,2020 State of OFFICIAL RECORD CITY SECRETARY ROW Encroachment Agreement-Commercial FT Page 0 33'TX EXHIBIT A Map of Easement and Encroachment ROW Encroachment Agreement-Commercial Page 10 of 33 Revised 12/2018 PARCEL 2 PARCEL 3 PARCEL 1 E.HURST BOULEVARD 0 PA CEL 4 J I o PARCEL 5 m J PARCEL 6 U-I ILL! 00 > - - ---- - - - 0 o ARCEL 7 o i I PARCEL 11NITTBOULEVARD ARCEL 8 PROPOSED SIGN LOCATION MAP CITY OF HURST TARRANT COUNTY, TEXAS Kimley* Horn 1 3455 Noel Road,Two GeGerie Office Tel.No.(972)770-1300 Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239.3820 Scale Drawn by I Checked by I Date I Project No. I eel No. 1"=600' SRD DAB I FEB.2019 Ofi445 2247 20F2 BROWN.DANA 2/12/2019 9:30 AM K:1DAL SURVE11064451247-BELL SIGNS TOPOIDWG10 6 4 4 51 247-BELL SIGNS LOCATION MAP.DWG ROW Encroachment Agreement-Commercial Page 11 of 33 ££10 g abed le[OJawwOO-IUGW99JBV 3u9w43eOJ3u3 AAOU 2 _j m o� Z n cr ogk LU 3 0 J w Z U) U) s o _ r N LO Q LLZ � J � a � � ^ �10 � WV } = Z co �(� �p v ° Vp c No t. 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FT. w 11L 0011- BDF S01001001.W, O PROPOSED SIGN r ASPHALT = � � \ LOCATIONS 14.00 \ \\\ PAVEMENT O �- -_�RIIGGH-T-OF-WAY ` NOo00'0O"E ` G0 mac•+ @ / W w V STATE OF TEXAS = -� 1 M 14.00 INST.NO.D204049075 r n Q S90°00'00"W �S`�° l D.R.r.c.r. V Q 9s� I J > LOT 1, BLOCK 1 9.58 BELL HELICOPTER _STONE RETAINING sO INDUSTRIAL PARK WALL 10 ONCOR ELECTRIC DELIVERY ( '—� T LIJ VOL. 388-133, PG. 37 COMPANY LLC EASEMENT W °° 512` m P.R.T.C.T. INST. NO. D212263976' I BDF O.P.R.T.C.T. I II LEGEND: ( ) =RECORD CALL IRF=IRON ROD FOUND IRFC=IRON ROD WITH CAP FOUND IRSC=518"IRON ROD WITH PLASTIC CAP STAMPED"KHA"SET NORTH C.M.=CONTROLLING MONUMENT P.O.B.=POINT OF BEGINNING P.O.C.=POINT OF COMMENCING 0 10 20 D.R.T.C.T.=DEED RECORDS OF TARRANT COUNTY,TEXAS O.P.R.T.C.T.=OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY,TEXAS GRAPHIC SCALE IN FEET R.O.W.=RIGHT-OF-WAY NOTES: LEGEND: Bearing system based on the Texas Coordinate EXISTING ROADWAY R.O.W. System of 1983, North Central Zone (4202), North PARCEL LINE American Datum of 1983. PROPERTY LINE —R— SURVEY LINE The elevations shown hereon are based on City of EXISTING EASEMENT LINE —— —————— Fort Worth bench marks. U/G ELECTRIC LINE UGE U/G GAS LINE GAS Underground utilities shown hereon are from record U/G STORM DRAIN LINE sD drawings obtained from Bell Helicopter and U/G SANITARY SEWER LINE -———-SID ——— Texas811 locates and the surveyor cannot U/G TELEPHONE LINE - TEL guarantee the locations of said utilities,except those U/G WATER LINE // that are observed on the surface at the time of this survey. EXHIBIT DRAWING PARCEL 4 • 0.0031 ACRES DANA BROWN � ��srEo., R.T. BARTON SURVEY ABSTRACT NO. 176 REGISTERED PROFESSIONAL ; * CITY OF HURST, TARRANT COUNTY, TEXAS LAND SURVEYOR NO.5336 •••• ••••••••••••••••••... 13455 NOEL ROAD DANA BROWN TWO GALLERIA OFFICE TOWER' 5 KiMl e >>> Horn 336 �,:'SUITE 700 ,Q F //yy��DALLAS,TEXAS 75240 9F E S S�� O ✓, 13455 Noel Road,Tda Office Tel,No.(972)770-1300 PH. 972 770-1300 p �y I Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3620 S U R V `ti SS=ia Drawn by Checked by Data Pro ed No. Sheet No. dana.brown@kimley-horn.r_.om r=20' SRD DAB JAN.2019 1 064451247 1 2OF2 BROWN.DANA 2/12/2019 9:35 AM K:\DAL SLIRVEY\064451247-BELL SIGNS TOPO\DWGWS4451247-8ELL SIGNS ES 4.DWG ROW Encroachment Agreement-Commercial Page 22 of 33 Exhibit A , 11p ST B0 ARC —_ — ( ) =RE LEGEND: CALL E' Hv gTPTEHIG"'NM 10) IRF=IRON ROD FOUND I IRFC=IRON ROD WITH CAP FOUND J STATE OF TEXAS IRSC=5/8"IRON ROD WITH PLASTIC CAP BDF INST.NO.D204049075 STAMPED"KHA"SET D.R.T.C.T. C.M.=CONTROLLING MONUMENT P.O.B.=POINT OF BEGINNING �S P.O.C.=POINT OF COMMENCING NORTH 95�, D.R.T.C.T.=DEED RECORDS OF TARRANT /2 COUNTY,TEXAS S) O.P.R.T.C.T.=OFFICIAL PUBLIC RECORDS p 10 20 OF TARRANT COUNTY,TEXAS % R.O.W.=RIGHT-OF-WAY GRAPHIC SCALE IN FEET P.O C BDF 10'ONCOR ELECTRIC D LIVELY nM \ COMPANY LLC EA EMEN+T I ^ J w Q INST. NO.D21 26397� RIGS IT-of{-WAY \ _ O.P.R.T.C.T. ° I I ILINE 'o l a a s � I � UJ O ~ LOT 1, BLOCK 1 I �I N89°28'20"E o 11.26' � BELL HELICOPTER O = INDUSTRIAL PARK I 1 J I' I Z `row m 9 0 6 VOL. 388-133, G. 37 l� IRSC o XS r d P.R.T.C.T. 0 0025 4� E� m 6.6'\ 2 � a 108 Q�FT. \ n DD W co a ��� 9 5 1 40 E J a 0 o a LL NO 31 O m PROPOSED SIG J 4 LOCATION IRSC I XS \ W I y^'9o2 20/W J m I 11,26' X�> U col � SO°31'40"E o I� as ° to CO_^� 27.48 A W� 5/8"IRF sOO LEGEND: NOTES: EXISTING ROADWAY R.O.W. Bearing system based on the Texas Coordinate System of 1983, North Central Zone PARCEL LINE (4202),North American Datum of 1983. PROPERTY LINE —R— SURVEY LINE — S. I The elevations shown hereon are based on City of Fort Worth bench marks. EXISTING EASEMENT LINE — —— ————— U/G ELECTRIC LINE LIGE Underground utilities shown hereon are from record drawings obtained from Bell U/G GAS LINE GAS Helicopter and Texas811 locates and the surveyor cannot guarantee the locations of said U/G STORM DRAIN LINE SD utilities,except those that are observed on the surface at the time of this survey. U/G SANITARY SEWER LINE—————SS———— EXHIBIT DRAWING U/G TELEPHONE LINE TEL U/G WATER LINE W PARCEL 5 0.0025 ACRES . R.T. BARTON SURVEY, ABSTRACT NO. 176 DANA BROWN g �G Tp'.• CITY OF FORT WORTH REGISTERED PROFESSIONAL ]fir TARRANT COUNTY, TEXAS LAND SURVEYOR NO.5336 :•........ .... ....... 13455 NOEL ROAD DANA BROWN TWO GALLERIA OFFICE TOWER r ............. Kimley))) Horn SUITE 700 A e� `ham' DALLAS,TEXAS 75240 `9/..0 s� ' 13455 Noel Road,Two Gallerla Office Tel.No.(972)770-1300 PH. LAS,TEXAS 'r •••. .6. •(1 Tower,Sul1e 700,Dallas,Texas 75240 FIRM#101155n0 Fax No.(972)239-3820 S•U•R v 4 �/ Scale Drawn by Checked by Date Project No. Sheet o. dana.brown@kimley-horn.com V,=20' SRD DAB FEB.2019 064451247 20F2 BROWN.DANA 211 2/201 9 8:31 AM K:\DAL SLI RVEY\064451247-B ELL SIGNS TOPO\DWG\064451247-BELL SIGNS ES 5.DWG ROW Encroachment Agreement-Commercial Page 24 of 33 Exhibit A G, H�1RST p ISTATEHIGH AY 10� I LEGEND: EXISTING ROADWAY R.O.W. E� 1AR PARCEL LINE BO V srATE of TEXAS PROPERTY LINE U VOL.1362,PG.3069 SURVEY LINE — D.R.T.C.T. EXISTING EASEMENT LINE — —— ———— — \` U/G ELECTRIC LINE UGE STATE OF TEXAS U/G GAS LINE GAS INST. T.C.T. 9075 D.R.T.C.T. U/G STORM DRAIN LINE so D. U/G SANITARY SEWER LINE —————ss———— U/G TELEPHONE LINE TEL U/G WATER LINE W LEGEND: NORTH ` BDF IRF=IRON ROD FOUND IRFC=IRON ROD WITH CAP FOUND 0 10 20 IRSC=518"IRON ROD WITH PLASTIC CAP STAMPED"KHA"SET S' 31'40"E C.M.=CONTROLLING MONUMENT 410.95' P.O.B.=POINT OF BEGINNING GRAPHIC SCALE IN FEET P.O.C.=POINT OF COMMENCING D.R.T.C.T.=DEED RECORDS OF TARRANT COUNTY,TEXAS 5/8"IRF O.P.R.T.C.T.=OFFICIAL PUBLIC RECORDS OF TARRANT SO*19'40"E COUNTY,TEXAS 537.77' R.O.W. =RIGHT-OF-WAY IRSC N89°40'20"E I I I I 1 10.17' - SO°19'40"EIRSC__ 9.58 Q PROPOSED SIG LOCATIO -- �-- -- 0.0022 ACRES i j 4 X �No°19'4o)It97 SQ. FT. o ° XS NOTES: 9.58 m S89°40'20"W O H Bearing system based on the Texas m IRSC 10.17' Coordinate Sy stem of 1983, North Central HT-OF-WAY —� w LO f 1 LOCK'1 _\ / �-- Zone (4202), North American Datum of f � RI O m W / BELL HE irCO4 LINE 3 O� = m 1983. INDUSTRIAL PARK W g�� (� ° 1 CITY OF FORT WORTH / _ at! The elevations shown hereon are based on VOL. 3$8=133, PGo 37 VOL.4203,PG.289 ¢ VOL.4215,PG.430 —� > City of Fort Worth bench marks. ° P°R.T.0 TQ I I) D.R.T.C.T. / LL m\ I o I J Underground utilities shown hereon are ° z'o from record drawings obtained from Bell a° SO°19'40" 06 E U j Helicopter and Texas811 locates and the ° a ° e 69.26' J u_a r m surveyor cannot guarantee the locations of O J 6 said utilities,except those that are observed 10'ONCOR ELECTRIC DELIVERY ti I \ a o 0 on the surface at the time of this survey. COMPANY LLC EASEMENT ' INST.NO.D212263976 O.P.R.T.C.T. Lu ' I I x o _---- —�\ \1 ` EXHIBIT DRAWING IIIII ' S/ IRF I PARCEL 6 � , 0.0022 ACRES �E OF R.T. BARTON SURVEY, ABSTRACT NO. 176 DANA BROWN ciSTE� CITY OF FORT WORTH Gj: P� O''•.l$1 REGISTERED PROFESSIONAL TARRANT COUNTY,TEXAS LAND SURVEYOR NO.5336 ....................... _ 13455 NOEL ROAD DANA 8ROvviv ■ TWO GALLERIA OFFICE TOWER .• o 5336 Kimley* Horn ff SUITE 700 , Pam,,: DALLAS,TEXAS 75240 , E S 5\�?y O� '� 13455 Noel Road,Two Galleda Office Tel.No.(972)770-1300 I G ) Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3820 PH. (972) 770-1300 D S U R v 4 (�, Sile Drawn by Checked bV Date Project No. Sheet No. dana.brown@kimley-horn.com U 1°=20$ SRD DAB JAN.2019 06445/247 zol z BROWN.DANA 2/12/2019 9:37 AM MDAL SURVEY\064451247 BELL SIGNS TOPO\DWG\064451247-BELL SIGNS ES 6.DWG ROW Encroachment Agreement-Commercial Page 26 of 33 Exhibit A CITY OF DALLAS& FORT WORTH VOL. 7580, PG. 920 D.R.T.C.T. _--�.• � � NORTH 5/8"IRFC "JACOBS" 0 10 20 Ill r oa as GRAPHIC W486X =NO4728W '14.00281.84' � II a I� J PROPOSED SIGN a K IRSC Q ti o ' LOCATION d 9\ � R � N04728W 48 15. J Ss9°1215 s] SO'VV °47'28"E O z �� U m ~ -----�- --- 9.58 J o N � 00RIGHT-OF-WAY \ ~ a cY) n' LINE IRSC \�S[ LL W W ° 00 I ii 141 � _j ::) W P �.B 0.0031 ACRES W O w = S89 12 32 W �14.00' 134 SQ. FT. -� w m a Y' sr J NO°47'28"W 3 463.84' 83 w CD o PARCELS LEGEND: 55 �l CITY OF FORT WORTH O =RECORD CALL chi VOL.78,PG.400 o m U / D.R.T.C.T. IRF=IRON ROD FOUND 1 11 I IRFC=IRON ROD WITH CAP FOUND IRSC=5/8"IRON ROD WITH PLASTIC CAP STAMPED"KHA"SET 518"IRFC C.M.=CONTROLLING MONUMENT "JACOBS" P.O.C. P.O.B.=POINT OF BEGINNING P.O.C.=POINT OF COMMENCING • D.R.T.C.T.=DEED RECORDS OF TARRANT TRINITY BOULEVARD COUNTY,TEXAS O.P.R.T.C.T.=OFFICIAL PUBLIC RECORDS (120'R.O.W.) OF TARRANT COUNTY,TEXAS R.O.W.=RIGHT-OF-WAY LEGEND: NOTES: EXISTING ROADWAY R.O.W. Bearing system based on the Texas Coordinate System of 1983, North PARCEL LINE Central Zone(4202),North American Datum of 1983. PROPERTY LINE —R— SURVEY LINE — — The elevations shown hereon are based on City of Fort Worth bench EXISTING EASEMENT LINE ——— ———— — marks. U/G ELECTRIC LINE UGE U/G GAS LINE GAS Underground utilities shown hereon are from record drawings obtained U/G STORM DRAIN LINE s from Bell Helicopter and Texas811 locates and the surveyor cannot U/G SANITARY SEWER LINE —————Ss———— guarantee the locations of said utilities,except those that are observed on U/G TELEPHONE LINE TEL the surface at the time of this survey. U/G WATER LINE W EXHIBIT DRAWING PARCEL 7 0.0031 ACRES R.T. BARTON SURVEY, ABSTRACT NO. 176 DANA BROWN �'�PGtsTF� ':'! CITY OF FORT WORTH REGISTERED PROFESSIONAL ` TARRANT COUNTY, TEXAS LAND SURVEYOR NO.5336 •••• .........I............. 13455 NOEL ROAD DA,f�A,$RQWN TWO GALLERIA OFFICE TOWER Kim1py)OHorn SUITE 700 ,oA5336P •DALLAS,TEXAS 75240 F ESS\0 r'OQ C 13455 Noel Road,Two Galleria O Tel.No.(972)770-1300 G C Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3020 PH. (972)770-1300 0 S U R V `y ,� Scale Drawn h Checked by Date Pro act No. Sheet No. dana.brown@kimley-horn.com `� 1"=20' SRD DAB JAN.2019 054451247 2oF2 BROWN.DANA 2112/2019 8:52 AM K:IDAL SURVEY\064451247-BELL SIGNS TOPOIDWG\064451247-BELL SIGNS ES 7.DWG ROW Encroachment Agreement-Commercial Page 28 of 33 Exhibit A CITY OF DALLAS$ FORT WORTH VOL. 7580, PG. 920 �D•R.T.C.T. NORTH 518"IRFC "JACOBS" 0 10 20 jN I I I l r GRAPHIC SCALE IN FEET a ) 0.0031 ACRES J N0°47'28'9N' r134 SQ. FT. 423.11' \ Y C0 a N89°12'32"E i 9 = o m T pR�QOS D SIGN N j J > Q R' I I L A N zLu tt 0 LLJ� M O NC°47'28"W IRSC—� ° IRSC LL W o- 9.58' J _ J J O O C• S89'12'32"W IRSC I 10.1 \ W O Q W 15.01' I S0047'28"E m (Y] ? 2 P.O.B. I - - - 9.58' W I I IRSC o 12'32 WPARCEL8 + I I I I J 14,00' CITY OF FORT WORTH =RECORD CALL Lu LEGEND: VOL,711,PG.4M w IRF=IRON ROD FOUND NO°4T28"W I D.R.T.c.T IRFC=IRON ROD WITH CAP FOUND � o _ 322.58' J IRSC=5/8"IRON ROD WITH PLASTIC CAP Z STAMPED"KHA"SET to Fla s SIB \ C,M,=CONTROLLING MONUMENT P.O.B.=POINT OF BEGINNING P.O.C.=POINT OF COMMENCING D.R.T.C.T.=DEED RECORDS OF TARRANT 5/8"IRFC COUNTY,TEXAS "JACOBS" P.O.C. O.P.R.T.C.T.=OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY,TEXAS TRINITY BOULEVARD NOTES: R.O.W.=RIGHT-OF-WAY Bearing system based on the Texas Coordinate (120'R.O.W.) System of 1983, North Central Zone (4202), North American Datum of 1983. LEGEND: EXISTING ROADWAY R.O.W. The elevations shown hereon are based on City of PARCEL LINE Fort Worth bench marks. PROPERTY LINE —R— SURVEY LINE — — Underground utilities shown hereon are from record EXISTING EASEMENT LINE —————— —— drawings obtained from Bell Helicopter and UIG ELECTRIC LINE UGE Texas811 locates and the surveyor cannot U/G GAS LINE GAS guarantee the locations of said utilities,except those U/G STORM DRAIN LINE SD that are observed on the surface at the time of this U/G SANITARY SEWER LINE -———-SS—— —— survey. UIG TELEPHONE LINE TEL U/G WATER LINE W EXHIBIT DRAWING PARCEL 8 F 0.0031 ACRES .. ., Ttct R.T. BARTON SURVEY, ABSTRACT NO. 176 DANA BROWN CITY OF FORT WORTH Gj.•' � o''•.tS REGISTERED PROFESSIONAL of ': TARRANT COUNTY, TEXAS LAND SURVEYOR NO.5336 ... .......•••• 13455 NOEL ROAD I OANA BROWN,.336KiMcallenJaley )OHorn ,........ >........�...... TWO GALLERIA OFFICE TOWER SUITE 700 ! ' 'Pp DALLAS, TEXAS 75240 9 '' F S.S`�.•' 13455 Noel Road, OIAce Tel.No.(972)770.1300 , , .` Tower,Suite 700,Dallas,Texas 75240 FIRM 0 10115500 Fax No.(972)239-3820 PH. (972) 770-1300 S U'A v `� o a Drawn A Checked by Date Project No. Sheet No. dana.brown@kimley-horn.com � 1"=20' SRD DAD I JAN_2019 1 GB4451247 1 2OF2 DUNN.STACY 311WO19 1 V24 AM K9DAL SURVEY\064451247-BELL SIGNS TOPO\DWG\064451247-BELL SIGNS ES 8.DWG ROW Encroachment Agreement-Commercial Page 30 of 33 EE 30 ZE 96ed leiOJawwOO-lu9w99J6y lu9wgOeOJOu3 M08 M m� Z LL cM d O ('M•O'H H141M 319H121Hn) U- m O N N � 0 mme nnosCD Z v _ 1HJ1—IJ TOO rn " T p�I V LL 2 � O 1--LL al �j Z U) U) � F- Yd Y)C O J zU >- F-� M°' °'� Q w � cuvrnv U LL 1in � N OfLL co Q ll LL a��oQ'V U (n LL- I"' ti a�F- COm a M Cn I = _J O Z — cn E O Y ? a v m.gL X U p N U E o W Q " SI J z C6(h U I L Y O O 'D 0 � h p D y O W ob � I Z Q o o� 77 r F- F- (h 11 I 7 0 L 4: _ 0 O o J OUO , Nm o �' °� w m . U) gg L OI W U J _co _ C ~ 0o 3 W I co N o 7 N N J �� 00 o Jo % o 8Y a Z pfQQri J o U) W o Q X m I U, co N T.° U O N — Q (�O II I IIIIi Hij�ac�MJ>., I nI oI3o I I cU �Y�oLo H CU zIW W o nE Z Z H �U c ° U Z W7 � U o @ ° a2wy ° zowwwo W � E mm < U) zZWOM20 Ow _j }F� >OZ Z 0f° o Z w �Q� � SOwOa O 0 co JO OYZo00' L O 0) oc QLOf0LL1- 0Z � QO c �Z o ° oO U) Gi O UCZw -1 0 o l c 0OOOaOHW0 W o0 ° E °°° 00Z wZ W O S c� W 0 U' rn LO /aQ�� odc ��Zr arIiIII II OCn Q N 02 `O =ON T 00Z — Q HdaI 6F-N f 0 xxU0ZZ U� ! aoN'�rnso¢ ai N 0 � 7 � 0II II IIOo N Z co 0 EZ N °a C N W 11 V OO U 0' LU 0 ILivi 00 O z. � ca >o U a a ON F- 'N m W Lu. N . z a) 2 >cm(D0 �j Z o0 N o U)W j LU W � 0 ~ FV LLI N M O �Q O CO �,) O f coo� Q p � •• V> a �yfiltii. i. I Z V VaO I I I I 0•� � co,� z / m I I Q cnQ� I i : III < o Q — N O� ui [ I a � � W : p : Q4'� i � I Flo �• � LPL/ Z L) I 3 W Z O O c o o ' O Z � U O o o J ZLU W Z W N t Y N W a wZ zw -1 Oapo � o m -4= W w W J U)W W a 0 O Q Q Y rn z u Z � Z ~J � � aw OWWW -j0f- r 3 a ai C] zJ � } z W � OZJ � m � tpZQ � (/jN o z o JW ' QZz WXQSXUUU— QS a. m0w SS DDSD C x _ c2F- AD 0- 'mmo 0 b pg1'uxj EXHIBIT B Certificate of Insurance ROW Encroachment Agreement-Commercial Page 12 of 33 Exhibit B DATE(MM/DDIYYYY) A�o CERTIFICATE OF LIABILITY INSURANCE I 03/29/2019 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(ies)must have ADDITIONAL INSURED provisions or 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: Aon Risk Services Northeast, Inc. PHONE (g66) 283-7122 FOX 800-363-0105 Boston MA office (AIC.No.Ext): AIC.No.: 53 State Street E-MAIL p Suite 2201 ADDRESS: _ Boston MA 02109 USA INSURER(S)AFFORDING COVERAGE NAIC it INSURED INSURER A: Westminster Ins Co. 0094AL Textron Inc. and INSURER B: National Union Fire Ins Co of Pittsburgh 19445 Bell Helicopter Textron Inc.3255 Bell Flight Boulevard INSURERC: American Zurich Ins CO 40142 Fort worth TX 76118 USA INSURERD: Zurich American Ins Co 16535 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570075633220 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. Limits shown are as requested ADDLTR INSIR TYPE OF INSURANCE INSD WVD POLJCY NUMBER MMIDDIYYYY MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY 3441GLUS019EACH OCCURRENCE $5,000,000 CLAIMS-MADE X❑OCCUR GENERAL LIABILITY DAMAGE TO R $5,000,000 PREMISES Ea occurrence MED EXP(Any one person) PERSONAL&ADV INJURY S5,000,000 N N GEMLAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE X POLICY ❑JRO- co ECT LOC PRODUCTS-COMP/OPAGG N OTHER: Pmduots-Comp/Op $5,000,000 0 D BAP 4020209 05 04/01/2019 04/01/2020 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY Ea accident S3,000,000 X ANY AUTO BODILY INJURY(Per person) C Z OWNED SCHEDULED BODILY INJURY(Per accident) 0) AUTOS ONLY AUTOS 2 HIREDAUTOS NON-OWNED PROPERTY DAMAGE V ONLY AUTOS ONLY Per accident w_ 0) B X UMBRELLALIAB RX OCCUR 28295046 01/01/2019 01/01/2020 EACH OCCURRENCE $1,000,000 C) UMBRELLA AGGREGATE $1,000,000 EXCESS LWB CLAIMS-MADE SIR applies p per policy terns & conditions DED J X RETENTION C WORKERS COMPENSATION AND wC402021005 04 01 2019 04 01/2020 X PER STATUTE OTH- EMPLOYERS'LIABILITY Y� ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? N N I A (Mandatory in NH) E.L.DISEASE-FA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000- D Excess WC EWS402021205 04/01/2019f 4/01/2020 EL Each Accident $1,000,000 SIR applies per policy ter s & condions EL Disease - Policy $1,000,000�___...... EL Disease - Ea Emp' $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Fort worth & will Rogers Memorial Center its officials, employees, agents and officers are included as Additional Insured in accordance with the policy provisions of the General Liability policy. As respects General Liability policy number 3441GLUS019, Aon Risk solutions (U.S.) is generating and distributing this certificate in an administrative capacity. Coverage 'N is Independently Procured by the Insured. Aon Insurance Managers is the insurance manager and/or authorized representative. ar,1 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE MATH THE POLICY PROVISIONS. City Of Fort worth AUTHORIZED REPRESENTATIVE Planning & Development - CFA office PN19-0008 �J{•_ S/r� Texas Street For Fort worth TX 76102 USA c�4oss sZtNsedc/� saa ©i988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ROW Encroachment Agreement-Commercial Page 13 of 33 EXHIBIT C Metes and Bounds Legal Description of the Property ROW Encroachment Agreement-Commercial Page 14 of 33 Exhibit C BEING a tract of land situated in the Simon Cotrail Survey, Abstract No. 33, City of Hurst, Tarrant County, Texas and being part a tract of land described in Right-of-Way Deed to the State of Texas, recorded in Volume 1366, Page 449, Deed Records of Tarrant County, Texas and part of a tract of land described in Deed to Tarrant County, recorded in Volume 1230, Page 110, Deed Records of Tarrant County, Texas and being more particularly described as follows: COMMENCING at a 5/8" iron rod with plastic cap stamped "KHA" found at the intersection of the south right-of-way line of E. Hurst Boulevard (State Highway 10, a variable width right-of-way) and the east right-of-way line of Norwood Drive (a variable width right-of-way) at the northwest corner of a 0.020 acre tract of land described in Judgment of Court in Absence of Objection awarded to the City of Fort Worth, recorded in Instrument No. D214275428, Official Public Records of Tarrant County, Texas; THENCE with said south right-of-way line of E. Hurst Boulevard, the following courses and distances to wit: North 89058'28" East, a distance of 1266.91 feet and South 89*59'07" East, a distance of 303.96 feet to a point for corner; from which a 5/8" iron rod found bears South 89059'07" East, a distance of 1746.76 feet; THENCE departing said south right-of-way line, North 0*00'53" East, a distance of 14.39 feet to a 5/8" iron rod with plastic cap stamped "KHA" set for the POINT OF BEGINNING; THENCE North 0*00'53" East, a distance of 14.00 feet to a 5/8" iron rod with plastic cap stamped "KHA" set for corner; THENCE South 89°59'07" East, a distance of 9.58 feet to a 5/8" iron rod with plastic cap stamped "KHA" set for corner; THENCE South 0°00'53" West, a distance of 14.00 feet to a 5/8" iron rod with plastic cap stamped "KHA" set for corner; THENCE North 89'59'07"West, a distance of 9.58 feet to the POINT OF BEGINNING and containing 134 square feet or 0.0031 acres of land. Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983. EXHIBIT DRAWING PARCEL 1 0.0031 ACRES �P. SST `'ry SIMON COTRAIL SURVEY, ABSTRACT NO. 33 DANA BROWN / CITY OF HURST REGISTERED PROFESSIONAL ,,•,,,,, },,,,,, ,.;, , TARRANT COUNTY, TEXAS LAND SURVEYOR NO. 5336 I DANA BF�OWN 13455 NOEL ROAD i......••'TWO GALLERIA OFFICE TOWER Kimle >>> Horn SUITE 700 �9 izssA ''O� p, DALLAS, TEXAS 75240 v�y \ 13455 Noel Road,Two Galleria Offce Tet.No.(972)770 1300 e 11 Tower,Suite 700,Dallas,Texas 75240 FIRM#i 0 i 15500 Fax No.(972)239.36^^ PH. (972) 770-1300 S U R � Sce_le Draw"h Checked by DD-ate PfWeU No• Sheet No. dana.brown@kimley-horn.com 2 N/A SRD DAB FEB.2019 064451247 1OF2 I BROWN.DANA 2112/2019 7:51 AM K:1DAL SURVE1'1064451247-BELL SIGNS TOPO%DWG1064 4 51 247-BELL SIGNS ES 1.DWG ROW Encroachment Agreement-Commercial Page 15 of 33 Exhibit C BEING a tract of land situated in the Simon Cotrail Survey, Abstract No. 33, City of Hurst, Tarrant County, Texas and being part a tract of land described in Right-of-Way Deed to the State of Texas, recorded in Volume 1366, Page 449, Deed Records of Tarrant County, Texas and part of a tract of land described in Deed to Tarrant County, recorded in Volume 1230, Page 110, Deed Records of Tarrant County, Texas and being more particularly described as follows: COMMENCING at a 5/8" iron rod with plastic cap stamped "KHA" found at the intersection of the south right-of-way line of E. Hurst Boulevard (State Highway 10, a variable width right-of-way) and the east right-of-way line of Norwood Drive (a variable width right-of-way) at the northwest corner of a 0.020 acre tract of land described in Judgment of Court in Absence of Objection awarded to the City of Fort Worth, recorded in Instrument No. D214275428, Official Public Records of Tarrant County, Texas; THENCE with said south right-of-way line of E. Hurst Boulevard, the following courses and distances to wit: North 89058'28" East, a distance of 1266.91 feet and South 89059'07" East, a distance of 1566.50 feet to a point for corner; THENCE departing said south right-of-way line, North 0000'53" East, a distance of 12.17 feet to a 5/8" iron rod with plastic cap stamped "KHA"set for the POINT OF BEGINNING; THENCE North 0°00'53" East, a distance of 14.00 feet to a 5/8" iron rod with plastic cap stamped "KHA" set for corner; THENCE South 89059'07" East, a distance of 9.58 feet to a 5/8" iron rod with plastic cap stamped "KHA" set for corner; THENCE South 0°00'53" West, a distance of 14.00 feet to a 5/8" iron rod with plastic cap stamped "KHA" set for corner; THENCE North 89°59'07" West, a distance of 9.58 feet to the POINT OF BEGINNING and containing 134 square feet or 0.0031 acres of land. Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983. EXHIBIT DRAWING A PARCEL 2 T 0.0031 ACRES SIMON COTRAIL SURVEY, ABSTRACT NO. 33 �. . DANA BROWN CITY OF HURST REGISTERED PROFESSIONAL *' ......... :... TARRANT COUNTY,TEXAS LAND SURVEYOR NO.5336 DAN RO TWO NOEL ROAD or T WO >>> Horn TWO GALLERIA OFFICE TOWER '• ,o Pv:' SUITE 700 p �9•'' •.PESS� -:oQ DALLAS,TEXAS 75240 A 13455 Noel Road,Two Galleria OMice Tel.No.(972)770-1300 Q"S U'e v 1 1 Tower,Suite 700,Dallas,Tars 75240 FIRM#10115500 Fax No.(972)239-3620 PH. (972) 770-1300 u n l tale I Drawn by I Checked by Date I Proiea eet o. dana.brown@kimley-harn.cc '' N/A SRD DAB JAN.20i9 064451247 1OF BROWN.DANA 211 21201 9 6:05 AM K:\DAL SUR V EY\064451247-BELL SIGNS TOPO\DWG\064451247-BELL SIGNS ES 2.DWG ROW Encroachment Agreement-Commercial Page 17 of 33 Exhibit C BEING a tract of land situated in the Simon Cotrail Survey, Abstract No. 33, City of Hurst, Tarrant County, Texas and being part a tract of land described in Right-of-Way Deed to the State of Texas, recorded in Volume 1326, Page 3069, Deed Records of Tarrant County, Texas and part of a tract of land described in Deed to Tarrant County, recorded in Volume 1229, Page 182, Deed Records of Tarrant County, Texas and being more particularly described as follows: COMMENCING at a brass disk found at the northernmost end of a right-of-way corner clip at the intersection of the south right-of-way line of E. Hurst Boulevard (State Highway 10, a variable width right-of-way) and the west right-of-way line of Bell Flight Boulevard (a variable width right-of-way) and at the southwest corner of a tract of land described in Deed to the State of Texas, recorded in Instrument No. D204049075, Official Public Records of Tarrant County, Texas; said point being at the beginning of a curve to the right having a central angle of 4055'06", a radius of 2964.87 feet, a chord bearing and distance of South 80036'36" West, 254.43 feet; from said point a brass disk found bears S 53009'53" East, a distance of 57.70 feet; THENCE with said south right-of-way line, in a southwesterly direction with said curve to the left, an arc distance of 254.51 feet to a point for corner; THENCE departing said south right-of-way line, North 6055'51" West, a distance of 9.06 feet to a 5/8" iron rod with plastic cap stamped "KHA"set for the POINT OF BEGINNING; THENCE South 89°45'32" West, a distance of 9.58 feet to a 5/8" iron rod with plastic cap stamped "KHA" set for corner; THENCE North 0°14'28" West, a distance of 14.00 feet to a 5/8" iron rod with plastic cap stamped "KHA" set for corner; THENCE North 89045'32" East, a distance of 9.58 feet to a 5/8" iron rod with plastic cap stamped "KHA" set for corner; THENCE South 0°14'28" East, a distance of 14.00 feet to the POINT OF BEGINNING and containing 134 square feet or 0.0031 acres of land. Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983. EXHIBIT DRAWING PARCEL 3 p 0.0031 ACRES gyp'•''..ISr SIMON COTRAIL SURVEY, ABSTRACT NO. 33 DANA BROWN CITY OF HURST REGISTERED PROFESSIONAL •.•. ............. TARRANT COUNTY, TEXAS LAND SURVEYOR NO.5336 DANA OWN 13455 NOEL ROAD ......"•••••.. 1 • TWO GALLERIA OFFICE TOWER A,y35 ••\,;.. ey))) H o r n SUITE 700 �P. ^' F t' 13455 Noel Road,Two Galleds Office Tel.No.(972)770-1300 DALLAS,TEXAS 75240 9 p SE�R v�y0 •1� Tower,Suite 700,Dallas,Texas 75240 FIRM#101/5500 Fax No.(972)239-3820 PH. (972) 770-1300 Scale Drawn by i Checked by Date Project o. Sheet No. dana.brown@ki,;,ley-horn.com NIA SRD DAB FEB. u64451247 1 OF 2 BROWN.DANA 2/12/2019 8:09 AM K:\DAL SURVEY\064451247-BELL SIGNS TOPO\DWG\064451247-BELL SIGNS ES 3.DWG ROW Encroachment Agreement-Commercial Page 19 of 33 Exhibit C BEING a tract of land situated in the R.T. Barton Survey, Abstract No. 176, City of Hurst, Tarrant County, Texas and being part a tract of land described in Deed to the State of Texas, recorded in Instrument No. D204049075, Official Public Records of Tarrant County, Texas and being more particularly described as follows: COMMENCING at a brass disk found at the northernmost end of a right-of-way corner clip at the intersection of the south right-of-way line of E. Hurst Boulevard (State Highway 10, a variable width right-of-way) and the west right-of-way line of Bell Flight Boulevard (a variable width right-of-way) and at the southwest corner of said State of Texas tract; from said point a brass disk found bears S 53°09'53" East, a distance of 57.70 feet; THENCE departing said south right-of-way line, North 83°18'31" East, a distance of 19.90 feet to a 5/8" iron rod with plastic cap stamped "KHA" set for the POINT OF BEGINNING; THENCE South 90°00'00" East, a distance of 9.58 feet to a 5/8" iron rod with plastic cap stamped "KHA" set for corner; THENCE South 0°00'00" West, a distance of 14.00 feet to a 5/8" iron rod with plastic cap stamped "KHA" set for corner; THENCE South 90°00'00" West, a distance of 9.58 feet to a 5/8" iron rod with plastic cap stamped "KHA" set for corner; THENCE North 0°00'00" East, a distance of 14.00 feet to the POINT OF BEGINNING and containing 134 square feet or 0.0031 acres of land. Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983. EXHIBIT DRAWING OF PARCEL 4 :.. ;isT' • 0.0031 ACRES DANA BROWN * R.T. BARTON SURVEY ABSTRACT NO. 176 REGISTERED PROFESSIONAL .•.•.. ........ CITY OF HURST, TARRANT COUNTY, TEXAS LAND SURVEYOR NO.5336 D A B O 13455 NOEL ROAD ••• •••• •••••••• • ••••••. ' TWO GALLERIA OFFICE TOWER �O 5 Kimley))) Horn SUITE 700 �9 '��F S���PO� 13455 Noel Road,Two Galleda Office Tel.No.(972)770A300 DALLAS,TEXAS 75240 ND' 'S'� `, Toyer,Suite 700,Deltas,Texas 75240 FIRM#10115500 Fax No.(972)239-3520 PH. (972) 770-1300 Y 1�/ Scale I Drawn by Checked by Date ProieG No. Sheet Np. dana.brown@kimley-horn.com NIA SRO DAB I FEB.201s 064451247 1OF2 BROWN.DANA 2/12/2019 8:17 AM UDAL SURVEY\D64451247-BEL SIGNS TOPOWWG1r>4451247-BELL SIGNS ES 4.DWG ROW Encroachment Agreement-Commercial Page 21 of 33 Exhibit C BEING a tract of land situated in the R.T. Barton Survey, Abstract No. 176, City of Fort Worth, Tarrant County, Texas and being part a tract of land described as "Parcel 8" in Deed to the City of Fort Worth, recorded in Volume 78, Page 400, Deed Records of Tarrant County, Texas and being more particularly described as follows: COMMENCING at a brass disk found at the southernmost end of a right-of-way corner clip at the intersection of the south right-of-way line of E. Hurst Boulevard (State Highway 10, a variable width right-of-way) and the west right-of-way line of Bell Flight Boulevard (a variable width right-of-way) and at the southwest corner of said State of Texas tract; from said point a brass disk found bears North 53°09'53" West, a distance of 57.70 feet; THENCE with said west right-of-way line, South 0e31'40" East, a distance of 373.89 feet to a 5/8" iron rod with plastic cap stamped "KHA" set for the POINT OF BEGINNING; THENCE departing said west right-of-way line, the following courses and distances to wit: North 89e28'20" East, a distance of 11.26 feet to a "X" cut in concrete set for corner; South 0e31'40" East, a distance of 9.58 feet to a "X" cut in concrete set for corner; South 89e28'20" West, a distance of 11.26 feet to a 5/8" iron rod with plastic cap stamped "KHA" set for corner in said west right-of-way line; from which a 5/8" iron rod found bears South 0031'40" East, a distance of 27.48 feet; THENCE with said west right-of-way line, North 0e31'40" West, a distance of 9.58 feet to the POINT OF BEGINNING and containing 108 square feet or 0.0025 acres of land. Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983. EXHIBIT DRAWING PARCEL 5 0.0025 ACRES "sT R.T. BARTON SURVEY, ABSTRACT NO. 176 DANA BROWN C-)' CITY OF FORT WORTH REGISTERED PROFESSIONAL *' ............... ...... ........'* TARRANT COUNTY, TEXAS LAND SURVEYOR NO.5336 DAN R NOEL ROAD TWO KirnlepoHorn TWO GALLERIA OFFICE TOWER '•..o v.� SUITE 700 ''• �P'Q' -if .....G r`S`S`O•'•' 13455 Noel Road,Two Gelleria Office Tel.No.(972)770-1300 DALLAS, TEXAS 75240 .. (GA Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3820 PH.(972) 770-1300 S U R V `^ � Stele Drawn by I Checked by Date Proect No. heel o. dana.brown@kimley-horn.com (/ N/A SRO DAB FEB.2019 064451247 1OF2 BROWN.DANA 2112I2019 824 AM KADAL SURVEY\064451247-BELL SIGNS TOPO\DWG\064451247-BELL SIGNS ES 5.DWG ROW Encroachment Agreement-Commercial Page 23 of 33 Exhibit C BEING a tract of land situated in the R.T. Barton Survey, Abstract No. 176, City of Fort Worth, Tarrant County, Texas and being part a tract of land described as "Parcel 8" in Deed to the City of Fort Worth, recorded in Volume 78, Page 400, Deed Records of Tarrant County, Texas and part of a tract of land described in Deed to the City of Fort Worth, recorded in Volume 4203, Page 289, and in Volume 4215, Page 430, Deed Records of Tarrant County, Texas and being more particularly described as follows: COMMENCING at a brass disk found at the southernmost end of a right-of-way corner clip at the intersection of the south right-of-way line of E. Hurst Boulevard (State Highway 10, a variable width right-of-way) and the west right-of-way line of Bell Flight Boulevard (a variable width right-of-way) and at the southwest corner of said State of Texas tract; from said point a brass disk found bears North 53°09'53" West, a distance of 57.70 feet; THENCE with said west right-of-way line, the following courses and distances to wit: South 0°31'40" East, a distance of 410.95 feet to a 5/8" iron rod found; South 0°19'40" East, a distance of 537.77 feet to a 5/8" iron rod with plastic cap stamped "KHA" set for the POINT OF BEGINNING; THENCE departing said west right-of-way line, the following courses and distances to wit: North 89°40'20" East, a distance of 10.17 feet to a "X" cut in concrete set for corner; South 0019'40" East, a distance of 9.58 feet to a "X" cut in concrete set for corner; South 89"40'20" West, a distance of 10.17 feet to a 5/8" iron rod with plastic cap stamped "KHA" set for corner in said west right-of-way line; from which a 5/8" iron rod found bears South 0019'40" East, a distance of 69.26 feet; THENCE with said west right-of-way line, North 0'19'40" West, a distance of 9.58 feet to the POINT OF BEGINNING and containing 97 square feet or 0.0022 acres of land. Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983. EXHIBIT DRAWING PARCEL 6 �E OF r 0.0022 ACRES ,�P.• ''o�sTE,q� R.T. BARTON SURVEY, ABSTRACT NO. 176 DANA BROWN CITY OF FORT WORTH REGISTERED PROFESSIONAL * * TARRANT COUNTY, TEXAS LAND SURVEYOR NO.5336 DANA'BROWN TWO NOEL ROAD $ .. Ki �11fly )OHorn TWO GALLERIA OFFICE TOWER • ,o �336 �,:SUITE 700 � 'FOSS\G . oDALLAS, TEXAS 75240 13455 Noel Road,Two Galle ce Tel.No.(972)770-1300 •c•�•n'•• \ Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3020 PH. (972)770-130D V J f� �� S_le Drawn by Checked by Dee Pro ect No. sheet No. dana.brown@kimley-horn.com N/A SRD DAB FEB.2019 064451247 1OF2 BROWN.DANA 2/1 21201 9 8:38 AM K:\DAL SURVEY\064451247-BELL SIGNS TOPO\DWG\06 51247-BELL SIGNS ES 6.DWG ROW Encroachment Agreement-Commercial Page 25 of 33 Exhibit C BEING a tract of land situated in the R.T. Barton Survey, Abstract No. 176, City of Fort Worth, Tarrant County, Texas and being part a tract of land described as "Parcel 8" in Deed to the City of Fort Worth, recorded in Volume 78, Page 400, Deed Records of Tarrant County, Texas and being more particularly described as follows: COMMENCING at 5/8" iron rod with plastic cap stamped "Jacobs" found at the intersection of the west right-of-way line of Bell Flight Boulevard (a variable width right-of-way) and the north right-of-way line of Trinity Boulevard (a 120-foot wide right-of-way); THENCE with said west right-of-way line, North 0047'28" West, a distance of 463.84 feet to a point for corner; from which a 5/8" iron rod with plastic cap stamped "Jacobs" found bears North 0047'28" West, a distance of 281.84 feet; THENCE departing said west right-of-way line, South 89e12'32" West, a distance of 15.83 feet to a 5/8" iron rod with plastic cap stamped "KHA"set for the POINT OF BEGINNING; THENCE North 0047'28" West, a distance of 9.58 feet to a 5/8" iron rod with plastic cap stamped "KHA" set for corner; THENCE North 89e12'32" East, a distance of 14.00 feet to a 5/8" iron rod with plastic cap stamped "KHA" set for corner; THENCE South 0°47'28" East, a distance of 9.58 feet to a 5/8" iron rod with plastic cap stamped "KHA" set for corner; THENCE South 89012'32"West, a distance of 14.00 feet to the POINT OF BEGINNING and containing 134 square feet or 0.0031 acres of land. Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983. EXHIBIT DRAWING PARCEL 7 OF 0.0031 ACRES �•<P �(srrq� R.T. BARTON SURVEY, ABSTRACT NO. 176 DANA BROWN CITY OF FORT WORTH REGISTERED PROFESSIONAL #' '* TARRANT COUNTY, TEXAS ........................... LAND SURVEYOR NO.5336 DANkBROWN 13455 NOEL ROAD •••• ......... ........•••••• TWO GALLERIA OFFICE TOWER ,0 5336 Kim a >>> Horn SUITE 700 9FESS\`���O� of DALLAS,TEXAS 75240 y 13455 Noel Road,Two Gelleria Office Tel.No.(972)770-1300 S U R ^ , Tower,Suite 700,Dallas,Texas 7524D FIRM#1 D115500 Fax No,(972)238-3820 PH. (972) 770-1300 nn { { Scale I Drawn by I Checked by Date Proiect No. i heat No. dana.brown@kimley-horn.com V NIA SRD DAB FEB.2019 D64451247 10F2 BROWN.DANA 2/12/2019 8:52 AM K:1DAL SURVEY\064451247-BELL SIGNS TOP01DWG1064451247-BELL SIGNS ES 7.DWG ROW Encroachment Agreement-Commercial Page 27 of 33 Exhibit C BEING a tract of land situated in the R.T. Barton Survey, Abstract No. 176, City of Fort Worth, Tarrant County, Texas and being part a tract of land described as "Parcel 8" in Deed to the City of Fort Worth, recorded in Volume 78, Page 400, Deed Records of Tarrant County, Texas and being more particularly described as follows: COMMENCING at 5/8" iron rod with plastic cap stamped "Jacobs" found at the intersection of the west right-of-way line of Bell Flight Boulevard (a variable width right-of-way) and the north right-of-way line of Trinity Boulevard (a 120-foot wide right-of-way); THENCE with said west right-of-way line, North 0'47'28" West, a distance of 322.58 feet to a point for corner; from which a 5/8" iron rod with plastic cap stamped "Jacobs" found bears North 0047'28" West, a distance of 423.11 feet; THENCE departing said west right-of-way line, South 89012'32" West, a distance of 15.01 feet to a 5/8" iron rod with plastic cap stamped "KHA" set for the POINT OF BEGINNING; THENCE North 0°47'28" West, a distance of 9.58 feet to a 5/8" iron rod with plastic cap stamped "KHA" set for corner; THENCE North 89012'32" East, a distance of 14.00 feet to a 5/8" iron rod with plastic cap stamped "KHA" set for corner; THENCE South 0047'28" East, a distance of 9.58 feet to a 5/8" iron rod with plastic cap stamped "KHA" set for corner; THENCE South 89012'32"West, a distance of 14.00 feet to the POINT OF BEGINNING and containing 134 square feet or 0.0031 acres of land. Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983. EXHIBIT DRAWING PARCEL 8 OF 0.0031 ACRES �tP. �o�sr� cs R.T. BARTON SURVEY, ABSTRACT NO. 176 DANA BROWN *:• �•,* CITY OF FORT WORTH REGISTERED PROFESSIONAL :......,,, •.••. ....... TARRANT COUNTY, TEXAS LAND SURVEYOR NO.5336 DAN BROWN TWO NOEL ROAD Klmley* Horn TWO GALLERIA OFFICE TOWER '• .0 336`SUITE 700 '9�F �aP'.29l,. 13455 NoTia Office Tel.No.(972)T70-1300 DALLAS,TEXAS 75240 Q'" "v�y Tower.Salle 7Do,Dallas,Texas 7524C FIRM#1D115500 Fax No.(972)M-3820 PH. (972) 770-1300 `S V R t��' scale Drawn by ChockedDate I Project No. I Sheet No. dana.brown@kimley-horn.com NSA SRO DAB FEB.2019 1 0644512.47 1 1 DF2 DUNN.STACY 3/15P019 11:24 AM K9DAL SORVEY1064451247-BELL SIGNS TOPOVDWG1084451247-BELL SIGNS ES 8,DWG ROW Encroachment Agreement-Commercial Page 29 of 33 Exhibit C BEING a tract of land situated in the Simon Cotrail Survey, Abstract No. 33, City of Fort Worth, Tarrant County, Texas and being part a tract of land described in Deed to the City of Fort Worth, recorded in Volume 4187, Page 107, Deed Records of Tarrant County, Texas and being more particularly described as follows: COMMENCING at 5/8" iron rod with plastic cap stamped "Jacobs" found at the intersection of the west right-of-way line of Bell Flight Boulevard (a variable width right-of-way) and the north right-of-way line of Trinity Boulevard (a 120-foot wide right-of-way); said point being the beginning of a curve to the left, having a central angle of 1*25'15", a radius of 3822.39 feet, a chord bearing and distance of South 89021'59" West, 94.79 feet; THENCE with said north right-of-way line, the following courses and distances to wit: In a southwesterly direction with said curve to the left, an arc distance of 94.79 feet, to a point for corner; South 88039'21" West, at a distance of 938.01 feet passing a 5/8" iron rod found, continuing with said north right-of-way line, in all a total distance of 1686.81 feet to a 5/8" iron rod with plastic cap stamped "KHA" set for the POINT OF BEGINNING; THENCE departing said south right-of-way line, the following courses and distances to wit: South 0*00'00" East, a distance of 9.95 feet to a 5/8" iron rod with plastic cap stamped "KHA" set for corner; South 90000'00" West, a distance of 9.58 feet to a 5/8" iron rod with plastic cap stamped "KHA" set for corner; North 0000'00" East, a distance of 9.72 feet to a 5/8" iron rod with plastic cap stamped "KHA" set for corner in said south right-of-way line; THENCE with said south right-of-way line, North 88039'21" East, a distance of 9.59 feet to the POINT OF BEGINNING and containing 94 square feet or 0.0022 acres of land, Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983. EXHIBIT DRAWING PARCEL 9 F T 0.0022 ACRES srE,gEoc�'�"y SIMON COTRAIL SURVEY, ABSTRACT NO. 33 DANA BROWN CO CITY OF FORT WORTH REGISTERED PROFESSIONAL CO '* TARRANT COUNTY, TEXAS .. ....... ...... .... ....... LAND SURVEYOR NO.5336 DAN.A RO N 13455 NOEL ROAD •••• •••••••• ••••• •••••• • TWO GALLERIA OFFICE TOWER �O 3 1-4 Kim a >>> Horn SUITE 700 <''�P e p�P. 1 S`�, •• 13455 Noel Road,Two Galleria Office Tel.No.(972)770-1300 DALLAS,TEXAS 75240 Q''� `� Tower,Suite 700.Dallas,Texas 75240 FIRM#101155M Fox No.(972)239-3820 PH, (972) 770-1300 R v ^ 1�' Stele Drawn by Checked by Date Proed No. Sheet No. III dana.brown@kimley-horn.corrr 4• N/A SRD DAB FE0.2019 064451247 t OF2 BROWN.DANA 2/12/2019 9:10 AM K1DAL SURVEY1064451247-B L SIGNS TOPO%DWG\064451247-BELL SIGNS ES 9.DWG ROW Encroachment Agreement-Commercial Page 31 of 33