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HomeMy WebLinkAboutContract 52273 CITY SECRETARY CONTRACT NO. 5 as*73 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 Jefferson Oakhurst Scenic, LLC, a Delaware limited liability company ("Licensee"), owner of the real property located at NEC of Belknap and Oakhurst, NWC of Gillis and Juanita, Fort Worth, Texas 76111 ("Property"), acting by and through its duly authorized Senior Vice President. 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 A" and incorporated herein for all purposes; and WHEREAS, the City has a 15-ft wide sanitary sewer easement (the "Easement") in the Property as shown on the map attached to this Agreement as "Exhibit B," 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 in four separate locations; 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 B, but only to the extent shown thereon, for the purpose of installing a private storm system, water line and gate (collectively 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 � ���QP Easement Encroachment Agreement-Commercial OFFICIAL RECORD dffj"ETARY 4; F-T. WORTH,TX Encroachment to further infringe in or on City's Easement beyond what is specifically described in the exhibit(s) attached hereto. 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 Easement Encroachment Agreement-Commercial Page 2 of 13 Revised 12/2018 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 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. 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 of in the sum of Five Hundred Dollars ($500.00). 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. Easement Encroachment Agreement-Commercial Page 3 of 13 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 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 C" 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. Easement Encroachment Agreement-Commercial Page 4 of 13 Revised 12/2018 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. 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. Easement Encroachment Agreement-Commercial Page 5 of 13 Revised 12/2018 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. 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. Easement Encroachment Agreement-Commercial Page 6 of 13 Revised 12/2018 [SIGNATURES APPEAR ON FOLLOWING PAGE] Easement Encroachment Agreement-Commercial Page 7 of 13 Revised 12/2018 City: Licensee: CITY OF FORT WORTH Jefferson Oakhurst Scenic, LLC A Delaware Li iabi1. Co any By: By: �G�Z Randle Harwood, Director Name: Matt Brendel Planning & Develo me Tit' Senor Vice President Date: Date: �� C I ATTEST: Approved As To Form and Legality ;mot City Secre rey Qualls r' 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 an reporting requirements. U: Janie S. Morales -Development Manager OFFICIAL RECORD Easement Encroachment Agreement-Commercial CINSKRETARY Rfe 1N4JI&H,TX 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/ /;. day of Mo U 20R. 4No Publi and for th State of Texas JENNIFER LOUISE EZERNACK ax°.' :Notary Public,State of Texas Comm.Expires 03-01-2020 After recording return to: �''�: ;,;�`��`' Notary ID 130561630 Planning& Development Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 OFFICIAL RECORD Easement Encroachment Agreement-Commercial �I�Pa��;0f E1�RY F1T44Uft TX STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME,ME, the undersigned authority, a Notary Public in and for the State of 1f , on this day personally appeared Matt Brendel, Senior Vice President (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 Jefferson Oakhurst Scenic, LLC, a Delaware limited liability company (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this �day of0i 20 °._ KARISSANOEL_E HARDING Notary ID#11406338 My Commission Expires Notary Public in and for the ^�o �' February 7.2022 State ofU OFFICIAL RECORD Easement Encroachment Agreement-Commercial CITYaWaffiTARY Ft" k TX EXHIBIT A Legal Description of JPI Properly LOT AR,McGINNIS TRACT and LOT 31Z, BLOCK 2, CLIFF ADDITION an addition to the City of Fort Worth, Tarrant County, Texas and being a replat of all of Lot A, McGINNIS TRACT, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in Volume 388-47, Page 899, Plat Records, Tarrant County, Texas, all of Lots 3 and 4, Block 1, and Lots 3 through 16 and 19 through 24, Block 2, CLIFF ADDITION, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in Volume 490, Page 547, Plat Records, Tarrant County, Texas all of Lots 7 through 14, Block 1, AKERS & AIKMAN SUBDIVISIONS, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in Volume 310, Page 24, Plat Records, Tarrant County, Texas, all of Juanita Street abandonment, according to City Ordinance No. 23363-08-2018 all of Marshall Avenue abandonment, according to City Ordinance No. 23363-08-2018 all of East Belknap Street abandonment, according to City Ordinance No. 23363-08-2018 and being a part of the JOHN LITTLE SURVEY, Abstract No. 958, Tarrant County, Texas. Easement Encroachment Agreement-Commercial Page 11 of 13 Revised 12/2018 EXHIBIT B Encroachment Exhibits and Metes and Bounds Legal Description of the encroachments Easement Encroachment Agreement-Commercial Page 12 of 13 Revised 12/2018 Exhibit B LEGAL DESCRIPTION EASEMENT ENCROACHMENT BEING a 413 square foot (0.0095 acre) tract of land (TRACT 1), a 319 square foot (0.0073 acre) tract of land (TRACT 2), a 705 square foot(0.0162 acre)tract of land (TRACT 3) and a 375 square foot(0.0086 acre)tract of land (TRACT 4)situated in the John Little Survey, Abstract No. 958, City of Fort Worth, Tarrant County, Texas; said tracts being part of Lot 3R, Block 2, Cliff Addition, an addition to the City of Fort Worth according to the plat recorded in Instrument No. D219057438 of the Official Public Records of Tarrant County, Texas; said tracts being part of those tracts of land described in Special Warranty Deed to Jefferson Oakhurst Scenic, LLC recorded in Instrument No. D218235093 of said Official Public Records; TRACT 1 COMMENCING at a 5/8" iron rod with red "KHA"cap set at the southwest corner of Lot 12, Block 1, Akers&Aikman, an addition to the City of Fort Worth according to the plat recorded in Volume 310, Page 24 of the Plat Records of Tarrant, County,Texas; THENCE South 89°45'01" East, along the south line of said Lot 12, a distance of 42.71 feet to a point; from said point a 5/8 iron rod with red "KHA" cap set at the southeast corner of Lot 11, Block 1 of said Akers & Aikman Addition bears South 89°45'01" East, a distance of 57.71 feet; THENCE South 00003'27" East, departing the said south line of Lot 12, a distance of 25.41 feet to the POINT OF BEGINNING; THENCE South 89°59'31" East, a distance of 15.00 feet to a point for corner; THENCE South 0°03'27" East, a distance of 27.50 feet to a point for corner; THENCE North 89°59'31"West, a distance of 15.00 feet to a point for corner; THENCE North 0°03'27"West, a distance of 27.50 feet to the POINT OF BEGINNING and containing 413 square feet or 0.0095 acres of land, more or less. TRACT 2 COMMENCING at a 5/8" iron rod found at a reentrant corner in the west line of said Lot 3R; said point being in the former south line of the Marshall Avenue, abandoned by City of Fort Worth Ordinance No. 23363-08-2018; THENCE North 89°57'40" East, along the said south line of the abandonment, a distance of 111.93 feet to a point; from said point a 5/8" iron rod found in the west line of Juanita Street(a variable width right-of-way)bears North 89057'40" East, a distance of 87.84 feet, thence North 89022'08"East, a distance of 49.87 feet,thence South 89a51'50" East, a distance of 100.29 feet; THENCE North 00°02'26"West, departing the said south line of the abandonment, a distance of 39.53 feet to the POINT OF BEGINNING; THENCE North 0°03'27"West, a distance of 21.20 feet to a point for corner; THENCE North 89056'22" East, a distance of 15.00 feet to a point for corner; THENCE South 0003'27" East, a distance of 21.26 feet to a point for corner; THENCE North 89°49'21"West, a distance of 15.00 feet to the POINT OF BEGINNING and containing 319 square feet or 0.0073 acres of land, more or less. EXHIBIT "B" EASEMENT ENCROACHMENT JOHN LITTLE SURVEY, ABSTRACT NO. 958 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS Kimlev* Horn 801 Cherry Street,Unit 11.#13001 Tel.No.(817)335-6511 Fort Worth,Texas 76102 FIRM#10194040 w .kimley-hom.wm Scale I Drawn by I Chei;ked b DateProlecl No. Sheet No. N/A CDP MCB 02/182019 064446443 1 OF 6 BILLINGSLEY.MICHAEL 4/19/2019 9:30 AM K:1FTW_SURVEY1064446443-OAKHUST SCENIC 21DWG1064446443-OAKHURST SCENIC-ENCROACHMENT.DWG Exhibit B TRACT 3 COMMENCING at a 5/8" iron rod found at a reentrant corner in the west line of said Lot 3R; said point being in the former south line of the Marshall Avenue, abandoned by City of Fort Worth Ordinance No. 23363-08-2018; THENCE North 89°57'40" East, along the said south line of the abandonment, a distance of 128.22 feet to a point;from said point a 5/8" iron rod found in the west line of said Juanita Street bears North 89e57'40" East, a distance of 71.56 feet, thence North 89e22'08" East, a distance of 49.87 feet,thence South 89°51'50" East, a distance of 100.29 feet; THENCE North 00°02'20"West, departing the said south line of the abandonment, a distance of 13.21 feet to the POINT OF BEGINNING; THENCE North 0°03'38"West, a distance of 15.00 feet to a point for corner; THENCE North 89e56'33" East,a distance of 47.00 feet to a point for corner; THENCE South 0°03'39" East, a distance of 15.00 feet to a point for corner; THENCE South 89"56'33"West, a distance of 47.00 feet to the POINT OF BEGINNING and containing 705 square feet or 0.0162 acres of land, more or less. TRACT 4 COMMENCING at a 5/8" iron rod found at a reentrant corner in the west line of said Lot 3R; said point being in the former south line of the Marshall Avenue, abandoned by City of Fort Worth Ordinance No. 23363-08-2018; THENCE North 89°57'40" East, along the said south line of the abandonment,a distance of 199.78 feet to a point; THENCE North 89°22'08" East, continuing along the said south line of the abandonment, a distance of 49.87 feet to a point; THENCE South 89e51'50" East, along the south line of said Abandonment, a distance of 0.82 feet to a point; from said point a 5l8" iron rod found in the west line of said Juanita Street bears South 89051'50" East, a distance of 99.46 feet; THENCE North 00*08'10" East, departing the said south line of the abandonment, a distance of 12.74 feet to the POINT OF BEGINNING; THENCE North 0°00'00" East, a distance of 15.00 feet to a point for corner; THENCE North 89'56'33" East, a distance of 25.00 feet to a point for corner THENCE South 0e00'0O" East, a distance of 15.00 feet to a point for corner; THENCE South 89e56'33"West, a distance of 25.00 feet to the POINT OF BEGINNING and containing 375 square feet or 0.0086 acres of land, more or less. NOTES Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone(4202),with an applied combined scale factor at 1.00012. A survey plat of even survey date herewith accompanies this metes&bounds description. The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the encroachment tracts. EXHIBIT "B" EASEMENT ENCROACHMENT JOHN LITTLE SURVEY, Lj/,� MCP G1STE/ ABSTRACT NO. 958 / / �: o' .s MiCHAEZC. BILLINGSLEY *:' CITY OF FORT WORTH, REGISTERED PROFESSIONAL . HAEL.• '• ' M1 •• CHAEL CLEO BILLINGSLEY TARRANT COUNTY, TEXAS LAND SURVEYOR NO. 6558 •••••• •••••• CHERRY STREET, 0 6558 UN �•' Kimlev* Horn UNIT 11 SUITE 1300 �0 a FESS��.•• o y•••• ""•• 801 Chaffy Street,Unit 11,# 300 Tel.No.(811)335.6511 FORT WORTH, TEXAS 76102 0 S d R �y Fort Worth,Texas 76102 FIRM M 10194040 wwwAimley-hom.cam PH. 817-335-6511 Scale I Drawn by I Checked by Date ProieIX No. michael.billingsley@kimley-horn.com N/A COP Mce 02/16/2D79 064446443 zoF6 BILLINGSLEY,MICHAEL 4/19/2019 9:30 AM K:1FTW SURVEY1064446443-OAKHUST SCENIC 21DWGW64446443-OAKHURSTSCENIC-ENCROACHMENT.DWG BL CK 1 NORTH AKERS AIKMAN (VOL. 31 , PG. 24) 0 20 40 I I GRAPHIC SCALE IN FEET LOT 3R, BLOCK 2 LOT 12 LOT 11 CLIFF ADDITION S89°45'01"E S89°45'01"E (INST. NO. D219057438) 42.71'- 57.71' 5/8'IRSC"KHA' 5/8"IRSC"KHA" JEFFERSON OAKHURST SCENIC, LLC (C.M.) /� I (C.M.) (INST. NO. D218235093 P.O.C. SO'03'27"E L1 ) 25.41' TRACT 1 P.O.B. EASEMENT J J ENCROACHMENT LINE TABLE L3 0.0095 ACRES 413 SQ. FT. NO. BEARING LENGTH f L1 S89`59'31"E 15.00, `� 15'SANITARY SEWER EASEMENT EL4 l (INST.NO.D219057438) S00"03'27"E 27.50' lN89"59'31"W 15.00' N00"03'27"W 27.59 I LEGEND I P.O.C.=POINT OF COMMENCING P.O.B.=POINT OF BEGINNING VF="V"CUT FOUND MNF=MAG NAIL W/"KHA"WASHER FOUND C.M.=CONTROLLING MONUMENT NOTES Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone(4202),with an applied combined scale factor at 1.00012. A metes and bounds description of even survey date herewith accompanies this survey plat. The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey plat accurately sets out the metes and bounds of the encroachment tracts. EXHIBIT "B" EASEMENT ENCROACHMENT OF TFy JOHN LITTLE SURVEY, ABSTRACT NO. 958 MICHAEL C:BILLINGSLEY *. %* CITY OF FORT WORTH, REGISTERED PROFESSIONAL M..HAE .CLE .."• I.NG • MICHAEL CLEO BILLINGSLEY TARRANT COUNTY, TEXAS LAND SURVEYOR NO. 6558 .... ....................... 801 CHERRY STREET, `• ,0 6558 �' Kimlev* Horn UNIT 11 SUITE 1300 l9'��FESS\ �k-lz� FORT WORTH,TEXAS 76102 'y0 "" �y 801 Chaffy Street,Unit 11,a 1300 If Tel.No.(517)335-6511 PH. 817-335-6511 S U R Fort Worth.Texas 76102 FIRM a 10194040 www.kim m ley-hom.00 Scale Drawn by I Checked by to Project No• Sheet No. michael.billingsley@kimley-horn.com 1'=40' CDP MCS 02I16/2019 064446443 30F6 BILLINGSLEY.MICHAEL 4/19/2019 9:30 AM K:\FTW_SURVEY10 644 464 4 3-OAKHUST SCENIC ZIDWG1064446443-OAKHURST SCENIC-ENCROACHMENT.DWG NORTH I 0 20 40 GRAPHIC SCALE IN FEET I I LOT 3R, BLOCK 2 LINE TABLE CLIFF ADDITION NO. BEARING LENGTH 15'SANITARY SEWER EASEMENT (INST. NO. D219057438) L5 N00°03'27"W 21.20' (INST.NO.D219057438) JEFFERSON OAKHURST Ls N89°56'22"E 15.00' TRACT 2 I SCENIC, LLC L7 SOO°03'27"E 21.26' EASEMENT I (INST. NO. D218235093) L8 N89°49'21'W 15.00' ENCROACHMENT L6 0.0073 ACRES ti ROW ABANDONED BY 319 SQ. FT. J J CITY ORDINANCE NO.23363-08-2018 P.O.B. LB FORMER- - - == - - _- P.O.C. NO.02'26"W MARSHALL AVENUE 5/8'IRF (C.M.) 39.53' - - - - - - - - - - - 49.87' 100.29' N89°57'4O"E 111.93' - 1 =NL940E°57' " 87.84' N89°22'08"E S89°51'50"E 518-IRF (C.M.) W , LOT 3R, BLOCK 2 I Lu Q CLIFF ADDITION (INST. NO. D219057438) U LEGEND JEFFERSON OAKHURST Q o SCENIC, LLCLu �- P.O.C.=POINT OF COMMENCING (INST. NO. D218235093) Z m P.O.B.=POINT OF BEGINNING VF="V"CUT FOUND Q MNF=MAG NAIL W/"KHA"WASHER FOUND C.M.=CONTROLLING MONUMENT I Q EXHIBIT "B" EASEMENT ENCROACHMENT JOHN LITTLE SURVEY, ABSTRACT NO. 958 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS Kimlev))) Horn 801 Cherry Street,Unit 11.#1300 Af Tai.No.(817)335-6511 Fort Worth,Texas 76102 FIRM#10194040 www.kimley-hom.com Scale I Drawn by I Checked Date Proiect No. rahegA No. 1-=40' CDP MCB 02118/2019 064446443 1 4 OF 6 BILLINGSLEY,MICHAEL 4/19/20199:30 AM K:%FTW SURVEYk064446443.OAKHUST SCENIC 21DWG1064446443-OAKHURST SCENIC-ENCROACHMENT.DWG 15'SANITARY SEWER EASEMENT (INST.NO.D219057438) LOT 3R, BLOCK 2 CLIFF ADDITION LINE TABLE f I (INST. NO. D219057438) JEFFERSON OAKHURST NO. BEARING LENGTH SCENIC, LLC L9 N00"03'38"W 15.00' f (INST. NO. D218235093) L10 N89"56'33"E 47.00' TRACT 3 L11 S00"03'39"E 15.00, EASEMENT L12 I S89"56'33"w 1 47.00' I ENCROACHMENT 0.0162 ACRES ROW ABANDONED BY 705 SQ. FT. CITY ORDINANCE NO.23363-08-2018 _ FORMER _ _ _ F-- Q N0"02'20"W I— — — " UJ 13.21' L12 MARSHALL AVENUE 5/8 IRFLL N89"57'40"E 128.22' _ _P.O.B. _ _S89"51'50'E 100.29 (C.M.) W 0 IF 5/8"IRF N89"57'40"E 71.56' 49.87' (� (C.M.) N89°22'08"E }'� vJ � LOT 3R, BLOCK 2 JEFFERSON OAKHURST F f P.O.C. CLIFF ADDITION SCENIC, LLC I�`�- w f (INST. NO. D219057438) (INST. NO. 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D218235093) NORTH 0 20 40 GRAPHIC SCALE IN FEET LEGEND P,O.C.=POINT OF COMMENCING P.O.B.=POINT OF BEGINNING C.M.=CONTROLLING MONUMENT EXHIBIT "B" IRF=IRON ROD FOUND EASEMENT ENCROACHMENT JOHN LITTLE SURVEY, ABSTRACT NO. 958 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS Kimlev* Horn Bel Cherry Street,Unit it.#1300 1 Tat.No.(817)335-6511 Fort Waft,Texas 76102 FIRM#10194040 www.wmley-hom.com Scale I Drawn by I Checked by I Date I Proieel No. Sheet No. 1-=40' CDP I MCB I 02/18/2019 1 064446443 1 6 OF 8 BILLINGSLEY,MICHAEL 4/19/2019 9:31 AM K:1FTW SURVEYl064446443-OAKHUST SCENIC 2\DWGW64446443-OAKHURST SCENIC-ENCROACHMENT.DWG Rle: K: 5cmlc%j3M\Qnh-Eme u&me L Cw 611=Q{6ht l 4"4[Ig LIL 2/151119 9:24am %refs trfwng4' Oekhu4; .EaylrOol�urek.0e xewJtF—Ookhurk.crt x91r1]oiRwue[m+ sy�— ry�l -1}pkhlryl,0 ntV —rJukhvsk.d4 •'Jail—{akhur.i d,q AR911;L.0 "qo—(kAhu sl-7"I.dM9 xe ser AKERS AVENUE ' �l �✓ m ' r to m — �z - ss \ `\ m z \ -0 n 0 TI m�� z- N m Z fl A t_ � D:♦ t ' Z m 0- mz \Ot m EL N N GILLIS STREET- — — — N N I fn \ - — Z z o \p ;0 c \. i i m n o - _ \ `�s o m N RTH 1 - Z Irp File: K'xF'f1M_r.rpG4L�6##3�.P�-{}dr�u-s� 5cinitOVAGRSt-Cnotlartimewr LeSa+La-GYnNrskOrµ[E#�epor,cHYEM7 1� 2/is/2oie 9:27om MrelL .be��iQ - rwsl.Gia .Eryir-9a��me xewki-pei,iiilryF C+r r"s1��eYeveLdr .5{e-iLreeta-C4FI'�+ -41r*+-Qo.h�e�1 W14-{.hxhvrsl.G +LR�H�-Lb a 7r PWsweL-FA.'Qf day xeaser I I 1 ' I I I I ' I I I I I I I � I i } I � I I I I 6"FIRE(PRIVATE) 3"DOMESTIC PRIVATE I � I `/Z11 41 �15'SANITARY SEWER EAS�SANITARY SEWER EAS XT" Z O O y C� 3 2 I I I m z D� I m m I z i > I <, I / c) I min I m� I T I I cn i I CDm NORTH m O i o File: K: FtNt6.� 94Ja4ia�—,pl—L7aMtir�l Sc.n�r. 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I ' . 1 1 . - cn m i --4 Z10 - D 2 m M. 1 0 EXHIBIT C Certificate of Insurance Easement Encroachment Agreement-Commercial Page 13 of 13 Revised 12/2018 Exhibit C DATE(MM/DD/YYYY)AC� �� CERTIFICATE OF LIABILITY INSURANCE 5/30/2019 r 2/7/2019 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 endorsements. PRODUCER Lockton Companies CONTACT 1185 Avenue of the Americas,Suite 2010 PNONEO f I Fax A/C No): New York NY 10036 E-MAIL 646-572-7300 DR INSURERS AFFORDING COVERAGE NAIC# INSURER A:Scottsdale Insurance Company 41297 INSURED Jefferson Oakhurst Scenic Holdings,LLC INSURER B: 1458106 600 E.Las Colinas Blvd,Suite 1800 INSURER C: Irving TX 75039 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 15850972 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER /DD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1000 000 DAMAGE TO RENTD A X N N NCS0001290 5/30/2018 5/30/2019 CLAIMS-MADE a OCCUR PREMISES(Ea occuEence) $ 100,000 MED EXP(Any one person) $ XXXXXXX PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PE R: GENERAL AGGREGATE $ 2000000 POLICY� PE� LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY NOT APPLICABLE COMBINED SINGLE LIMIT $ Ea accident XXXXXXX ANY AUTO BODILY INJURY(Per person) $ XXXXXXX O SCHEDULED OS ONLY AUTOS A BODILY INJURY(Per accident) $ XXXXXXX HIRED NON-OVVND PROPER AUTOS ONLY AUTOS ONLY (Pe accidenDAMAGE $ XXXXXXX $ XXXXXXX UMBRELLA LIAB OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX EXCESS LIAB CLAIMS-MADE AGGREGATE $ XXXXXXX DED I I RETENT{ON$ $ XXXXXXX WORKERS COMPENSATION NOT APPLICABLE SPER OTH- AND EMPLOYERS'LIABILITY Y/N TATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ XXXXXXX OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ XXXXXXX If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$ XXXXXXX DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER,APPLICABLE TO THE CARRIERS LISTED AND THE POLICY TERM(S)REFERENCED. CERTIFICATE HOLDER CANCELLATION 15850972 City of Fort Worth SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Planning&Development—CFA Office THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PN18-00168 and PN18-00169 ACCORDANCE WITH THE POLICY PROVISIONS. 200 Texas Street Fort Worth TX 76102 AUTHORIZED REPREK AT WE B ©1 88-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD