Loading...
HomeMy WebLinkAboutContract 52491 CITY SECRETARY CONTRACT NO..- SOW RECEIVEr JUN F? 2 g 2019 EASEMENT ENCROACHMENT LICENSE AGREEMENT Commercial cnYOF�aR >H CITYSECRETq py 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 NexMetro Reserve, L.P., a limited partnership ("Licensee"), owner of the real property located at SH 114 and Roaring River Road, Fort Worth, Texas 76247("Property"), acting by and through its duly authorized Managing Director. 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 sewer and drainage easement (the "Easement") in the Property as shown on the map attached to this Agreement as "Exhibit A," which is incorporated herein for all purposes; and WHEREAS, Licensee desires to construct, place, and/or maintain certain improvements which will encroach in, on, above, or below the City's Easement; and WHEREAS, to accommodate the needs of the Licensee, the City will allow the encroachment under the terms and conditions as set forth in this Agreement. NOW, THEREFORE, the City and Licensee agree as follows: AGREEMENT 1. The City, in consideration of the payment by the Licensee of the fee set out below and covenants and agreements hereinafter contained to be kept and performed by Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and occupy a portion of the City's Easement as described in and at the location shown on Exhibit A, but only to the extent shown thereon, for the purpose of private utility and private storm drain crossings (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within the Easement. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on City's Easement beyond what is specifically described in the exhibit(s) attached hereto. - C1FreUAL RECUkL 2. CITY SECRETARY FT. WORT H,TX Easement Encroachment Agreement-Commercial Page 1 of Revised 12/2018 All construction, maintenance, or operation in connection with such Encroachment, use, and occupancy shall comply and be performed in strict compliance with this Agreement and with the Charter, Ordinances, and Codes of the City, and in accordance with the directions of the Director of the Transportation and Public Works Department or the Director of the Water Department, or their duly authorized representative. Prior to the construction of the Encroachment, Licensee shall submit all plans and specifications to the applicable Director or duly authorized representative. Licensee shall not commence construction of the Encroachment until such approval shall be indicated in writing by the applicable Director or authorized representative. However, such approval shall not relieve Licensee of responsibility and liability for concept, design, and computation in the preparation of such plans and specifications. 3. Licensee, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or future utilities affected by such Encroachment, use, and occupancy, including securing the approval and consent of the appropriate utility companies and agencies of the State and its political subdivisions. In the event that any installation, reinstallation, relocation, or repair of any existing or future utility or improvements owned by or constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance, or existence of the Encroachment and use, Licensee shall pay to the City an additional amount equal to such additional cost as reasonably determined by the Director of Transportation and Public Works or the Director of the Water Department, or their duly authorized representative. 4. Licensee agrees that the City may enter and utilize the referenced areas at any time for the purpose of installing, repairing, replacing, or maintaining improvements to its public facilities or utilities necessary for the health, safety, and welfare of the public, or for any other public purpose. The City shall bear no responsibility or liability for any damage or disruption or other adverse consequences resulting from the Encroachment installed by Licensee, but the City will make reasonable efforts to minimize such damage. 5. Upon termination of this Agreement, Licensee shall, at the option of and at no expense to the City, remove the Encroachment and restore the Easement to a condition acceptable to the Director of Transportation and Public Works or the Director of the Water Department, or their duly authorized representative, in accordance with then- 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 Easement Encroachment Agreement-Commercial Page 2 of 12 Revised 12/2018 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. 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 Easement Encroachment Agreement-Commercial Page 3 of 12 Revised 12/2018 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 $190009000 with the understanding and agreement by Licensee that such insurance amounts may be revised upward at City's option and that Licensee shall so revise such amounts immediately following notice to Licensee of such requirement. Such insurance policy shall not be canceled or amended without at least thirty (30) days prior written notice to the Building Official of the City. A copy of such Certificate of Insurance is attached as "Exhibit B" and incorporated herein for all purposes. Licensee agrees to submit a similar Certificate of Insurance annually to the City on the anniversary date of the execution of this Agreement. Licensee agrees, binds, and obligates itself and its successors and assigns to maintain and keep in force such public liability insurance at all times during the term of this Agreement and until the removal of the Encroachment and the cleaning and restoration of the Easement. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. 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 Easement Encroachment Agreement-Commercial Page 4 of 12 Revised 12/2018 real property records of Tarrant County, Texas. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. 12. Licensee agrees to comply fully with all applicable federal, state, and local laws, statutes, ordinances, codes, and regulations in connection with the construction, operation, and maintenance of the Encroachment and uses. 13. Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for by this Agreement or by any federal, state, or local statute, law, or regulation. 14. Licensee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant, or employee of City, and Licensee shall have exclusive control of and the exclusive right to control the details of its operations, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. The doctrine of respondeat superior shall not apply as between City and Licensee, its officers, agents, servants, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Licensee. 15. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain, and locate the Encroachment over or within the Easement and is not a conveyance of any right, title, or interest in or to the Easement, nor is it meant to convey any right to use or occupy property in which a third- party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. 16. In any action brought by the City for the enforcement of the obligations of the Licensee, the City shall be entitled to recover interest and reasonable attorneys' fees. 17. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. 18. Easement Encroachment Agreement-Commercial Page 5 of 12 Revised 12/2018 Licensee covenants and agrees that it will not assign all or any of its rights, privileges, or duties under this Agreement without the written approval of the City, and any attempted assignment without such written approval shall be void. In the event Licensee conveys the Property, Licensee may assign all of its rights and obligations under this Agreement to the new owner of the Property, and Licensee shall be deemed released from its duties and obligations hereunder upon City's approval in writing of such assignment, which approval shall not be unreasonably conditioned or withheld. Foreclosure by a secured lender of Licensee or assignment to a secured lender by Licensee in the event of default or otherwise shall not require City approval provided that said lender notifies City in writing within sixty (60) days of such foreclosure or assignment and assumes all of Licensee's rights and obligations hereunder. However, no change of ownership due to foreclosure or assignment to any secured lender of Licensee shall be effective as to City unless and until written notice of such foreclosure or assignment is provided to City. 19. Any cause of action for breach of this Agreement shall be brought in Tarrant County, Texas. This Agreement shall be governed by the laws of the State of Texas. 20. This Agreement shall be binding upon the parties hereto and their successors and assigns. 21. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. [SIGNATURES APPEAR ON FOLLOWING PAGE] Easement Encroachment Agreement-Commercial Page 6 of 12 Revised 12/2018 City: Licensee: CITY F T W TH NexMetro Reserve, L.P. I;A" By: By: e---Z-119 an Ile ood, Director Naig Ryan -D Griffis Planning & Dev lopme Title: Managing Director Date: Date: ATTEST: proved As To Form and Legality C ty Secretar �� b -' rey Qualls Assistant City Attorney Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of t is co tracludin ensuring all performance reporting requirements. Janie S. Morales Development Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX Easement Encroachment Agreement-Commercial Page 7 of 12 Revised 12/2018 PAGE O' CITY OF FORT 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 Z4 day of 20,11 . Notary Pu in forqhe State of Texas After recordingreturn to: _2itarP�A(� JENN;FER L�J!; E_ -Va;,K ' _ z,s Notary Public,State of Texas Planning & Development 9: +P Comm. Expires 03-01-2020 Development Coordination Office �°;, Notary ID 130561630 200 Texas Street Fort Worth, Texas 76102 OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX Easement Encroachment Agreement-Commercial Page.9 of 12 Revised 12/2018 STATE OF TEXAS § COUNTY OF TA4Mb� § t ct'LA6 BEFORE ME, the undersigned authority, a Notary Public in and for the State of on this day personally appeared Ryan D. Griffis, Managing Director 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 NexMetro Reserve, L.P. , a limited partnership, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this I� day of JUG 20 STACEY A COLE Notary P bl c in and for the f1f.�`,." Ue =Notary Public, State of Texas °P= Comm.Expires 07-01-2021 State of �'';k Notary ID 12948096 2 OFFOLIAL RLCORD CITY SECRETARY FT. WORTH,TX Easement Encroachment Agreement-Commercial Pa e 9 of 1 Revised 12/2018 EXHIBIT A Map of Easement and Encroachment Easement Encroachment Agreement-Commercial Page 10 of 12 Revised 12/2018 t6 _ I' YI 3 y� - - O W _ L _- E.9133HS 33S 3Al17 H31 b'W I I _ � _._.. .._.._...... ....._.._ ..... — -1 �. AI2IQ 0-73!dNf7S — � I o = a I i I - _I ..,,< W r • : ~ m _ W _. W a � � I o - N h .: - I BAl84 4131dWY32lIS M3 x rvn5 9 - , .- I w. n ., s fl _ I __.. _ W W --------- — ass _„ I c ui Jot.. 14 U :w O 9 ' „S :' - _ �� - O it _ p Y S 133HS 33S 3N17 HO1 VPV I: _ I _ v. o _ s - w a o a -� 1 p P „r = n I I� I a T _. .... 6. V W ul r WN - 3h1210 0l31d IJf1S Z'913314S 33S 3N17 H I VW U LLJ s m'^ 23. = _ H D I qLl -i -- -- -- - --__ --- -_L_ — - -- --- I ---..- - - -- ----- - _ I 3AIa0 k3331 a'..H139VZ1-3 w LLJ x I. Y N ._....__ ......_..... W ........_...... I - �bO.v OtlON kJIMH1d01 ace- ._______I______ _... _. _.. ..__._._ NW I W W E S 133HS 33S 3N/7 HOI b7N I=�6 LLj En 5 T T d V ASK D!A 3 I V I SzN � wo i � II i ----------------------------- _________________ __ ______ ____ I --I --- ————————— ——— ——— ———————————————————— — -- ---------------------- —.:—,—_.---=---L--------- - -- l J _ ... o �3A1NO N33NO H13S 2113 �� I�nsr.ol 311, ._ .... I Lu I E I w - I s w I I Lu Lu I e p .. 4VON Y.31MH1NON I i ir 1 muss RI,1 so A ............... fit! 11.9 ........................................... -J. ....... .... ATT . ......... g, i Hit aro?aQ _I I II I W 6 _ _ C LCLI JI - I IJI I AVJH` H Vi S " II L ... Y i I 13,aN33a�H13avzns ' I N �I) } g �_ r - � a ! I 1. � I f , 3Nas a�31 (IS �� I .t I AH,�JI,31 N15 r'�if 1, Li __ I - - U ——— I _ I� l r 0 I > I �m a - I IT .0 I W Li N � — r C c _ d J O U m 9 913314S 335 3/Vl7 HO1 MN J 3AILIGI 0131JNQS _ q c JJJ M o I .... .. — i w n N I 1 0 �- _.. H .I J m ciI j 3Naa a"731dP173aIs \ - J .fir .. Z .. LU / t. us a _ I W rs �, _ o ce. O y 9 — a p v T o _ ®� � •;� LU 3'91=4S?3S 3NI7140 L HN .: .. _-.. I - r = w U G ' \ s- i r' n I \'^ _ I — W1 W a i< �1 a I. �p 67133 5 33S 31VI7 14.01 b'(N ' e -- - > - o Lu c - W W J , C V m I ' c __ �.—_—_ - —• _____ u,wig ———— __ _______ ________ ____ �_ __ _ _ C+- ...., __-_---_- _ ------------------------------------------L------------- -- �f = om� F i T \ _ — � r. p ) .% u l _ 1 I i a e� = ia IW I ' J =o s w _ q � r CIVGd�I.,IMH1dON _--_.______-___ ' _ 9 9133HS 33S 3N17 h-JJI M 4 4� � � J I fy i ri i � � I I ` - I j - I I l ' v y n _ 1- .k .l i I 1�. I _.......... .. V i I _ .. - I 7_ _ - -- 1 -• ._ - ....... .._ n _ � F1 r r EXHIBIT B Certificate of Insurance Easement Encroachment Agreement-Commercial Page 11 of 12 Revised 12/2018 EXHIBIT C Metes and Bounds Legal Description of the Property Easement Encroachment Agreement-Commercial Page 12 of 12 Revised 12/2018 Exhibit C LEGAL. DESCRIPTION BEING, all of that 0.701 acre (30,540 square foot) tract of land situated in the Charles Tydings Survey, Abstract Mumter 1276, in the City of For Worm, Denton County, Texas; and being part of that tract of land described in Special 'Warranty Deed to Mexmetro ReserJe, LP as recorded in Document dumber 2018-133707 of the Official Records of Denton County, Texas; said 0.701 acre tract being more particularly described by metes and bounds as follows: COMMENCING, at a 1/2 inch iron rod with "SPIARS" cap found at the southwest corner of said Nexmetro tract; said point being in an east line of that tract of land described in Special Warranty Deed to Forestar (USA) Real Estate Group Inc. as recorded in Document Number 201r3-27156 of said Official Records; From said point a 1/2 inch iron rod with "SPIARS" cap found 'bears North 89°53'32" East, a distance of 695.40 feet; THENCE, North 00°07'49" West, along the west line of said Nexmetro tract and the east line of said Forestar tract, a distance of 15.00 feet to the POINT OF BEGINNING; THENCE, North 00' 07' 49"West, continuing along nest line of said Nexmetrc tract and the east line of said Forestar tract, a distance of 48.86 feet to a point for corner; THENCE, North 89' 53' 32" East, departing west line of said Nexmetro tract and the east line of said Forestar tract, a distance of 43.33 feet to a point for corner; I - q T HEAICH, North 00' 06 28"VAi'ast, a distance of 82.33 feet to a point for corner; I a THENCE, i 01"I! 89' 53' 3 East, 1--flist2nce of 95.V4 feet to a point fOr corner; t THENCE, North 00' 07' 49"yl/est, a distance of 280.00 Feet to a point for corner; I THENCE, Morth 39' 53' 32" East, a distance of 45.00 feet to a point for corner; " THENCE, North 00' 07'49"West, a distance of 247.34 feet to a point for corner; T;-]ENCE, South 89' =2' 11" Yles( a distance of.57.61 feet to a ccint for corner; 7N1H ICE, Mc t 00' 11' 26"Y/S �ist�r�r Di a '7.2J 4r0 0a nniPt icr CCr mot; jI r' i THEN'C=, i=uti-) 89' JL' U19" E:a�+, a dl t2nca of 22J.�50 Feet to ?GOi,nt fnr corner, 1 1 THENCE, Morth 00' 11' 26" `West, a distance of -133.53 feet to a point for corner in the north line of said Mexmetro tract; said point bein4 in the south line of,Mate Highway 114(a variable%Mdth 4 ENCROACHMENT AGREEMENT BEING A PART OF THE NEXb1ETRO 'RESERVE, LP TRACT, AND BEING 0.701 ACRES OUT OF THE CHART cS TYDINGS SURVEY,ABSTRACT NUMBER 1278, one Silvas ' Date - `.;'`':' =-' CITY OF FORT WORTH, DENTON COUNTY, TEXAS Registered Professional Land Surveyor No.5921 LARCH �� 2>3 9 NOTES BGE, Inc. A plat of survey with even date shown hereon was prepared in conjunction with this legal description. .. � 500 West 7th St.,Suite 1800, Fort Worth,TX 76102 Tel: 817-887-6130 0 www.bgeinc.com Bearings are based on the Texas State Plane Coordinate System, TBPLS Registration�10. 10194416 Texas North Central Zone 4202, North American Datum of 1983, adjustment realization 2011. Copyright 2018 JOB No. 5640-CC RSiJIAH PAGE 1 OF 5 LEGAL DESCRIPTION (CONTINUED) 1 THENCE, Nosh 89' 37' 42" Cast, aicng the north line of said Mexmetro tract and the south line or"said State Highway 114, a distance of 15.00 feet tG a point for corner; THENCE, South 00' 11' 26" East, departing the north line of said Nexmetro tract and the south line of said State HighNrvay 114, a distance of 133.58 feet to a point for corner; THENCE, South 89' 59'39" East, a distance of 325.72 feet to a point for corner in the east line of said Nexmetro tract; THENCE, South 00' 19' 50"lAlest, along the east line of said Nexmetro tract, a distance of 15.00 feet to a point for corner; THENCE, ,North 89° 59' 39" VV,-;;st, departing the east line of said Naxmetro 'tract, a distance of 550.09 feet to a point for corner; THENCE, South 00' 11'26"East, a distance of 417.17 feet to a point for corner; 3 I THENCE, North 89' 52' 11" East, a distance of 57.83 feet to a point for corner; THENCE, South 00' 07' 49" East, a distance of 277.35 fret to a point for corner; THIEJ iCE, South 89° 53' 32" VIP-zst, a distance of 405.00 feet to a point for corner, l s T HENCE, South 00' 0T 49" East, a distanca of 231C.00 feet to a point for cornier; i 7!'1EN4. , JOliih OG° 53' 32" ',Vest, a dlaai0C2 or';S.OG feet i0 a point for COriler; THENCE, South 00' 06' 28" East, a distance of 82.33 feet to a point for corner, T7E- E South o � I null'A/- -1�-.x„.,.... e � n.e_=, , • . e_._ . f]�17�+i, SVUIII 39 ,,3 JL 4VCJ6, Q UIJSQIIUG GI —IU.JU ICV4 M Q pull it IVI UGill'G1, THET]CE, South 00' 07' 49" East, a distance of 33.36 feet to a point for corner; t THENCE, South 89° 53' 24" West, a distance of -15.00 feet to the PCIN i OF BEGINNING and containing an area of 0.701 acr es cr 3C,54in; sou ar a faei of land, ;more cr less. 1 ENCROACHMENT AGREEMENT BEING A PART OF THE ►NEXbiETRO RESERVE, LP TRACT, AND BEING 0.701 ACRES OUT OF THE CHARLES TYDINGS SURVEY,ABSTRACT NUMBER 1278, CITY OF FORT WORTH, DENTON COUNTY, TEXAS MAR:H 19, 2019 NOTES BGE, Inc. A plat of survey with even date shown hereon was prepared in conjunction with this legal description. 500 West 7th St., Suite 1800,Fort Worth,TX 76102 Tel: 817-887-6130 a www.bgeinc.com Bearings are based on the Texas State Plane Coordinate System, TBPLS Registration U0. 10194416 Texas North Central Zone 4202, North American Datum of 1983, adjustment realization 2011. Copyright 2018 JOB No.5840-00 RS/JM1H PAGE 2 OF 5 Exhibit C I_EGAI_ DESDRIPTIO-N { ;3EING, all or that 0.590 acre (25,698 square foot) tract of land situated in the Charles Tydings Sunray, Abstract ,lumber 1276, in the I i City of Fort'vliorih, Denton Coun-hy, Texas; and being part of that tract of land described in Special Olarraniy Deed to Nexmeirc Reserve, LP as recorded in (Document Number 2018-138707 of the Official Records of Denton County, Texas; said 0.590 acre tract being more particularly described by metes and bounds as follows: COMMENCING,at a 1/2 inch iron rod with"SPIARS"cap found at the southeast corner of said Nexmetro tract;said point being in the west line of that tract of land described in Special Warranty Deed to Exel Inc. as recorded in Document dumber 2018-33800 of said Official Racords;from said paint a 1/2 inch iron rod with "SPURS" cap found bears South R9053'32"Wast, a distance of 895.40 feet; THENCE, North 00°11'26" West, along the east line of said Naxmatro tract and the west line of said Exel tract, a distance of 319.96 feet to the POINT OF BEGINNING: THENCE, Due West, departing the east line of said Nexmetro tract and the ,vest line of said Exei tract, a distance of 126.09 feet to a point for corner; THENCE North 30° 11'26'V}lest, a distance of 154.02 feet to a point for corner; THENC North CC-VC- 1'25 YYdJI, a distance 0,4,3.0, Ieet is a point 1Vr corner; THF-NCE, North 60'00`00"East,a distance of 51.86 r'eat to a point for corner; THENCE, North 00' 11'26"Ylest, a distance of 397.52 feet to a point for corner; THENCE, ikiorth 30' '1 i'26"Iti est, a distance of 39.69 feet to a pant for corner; said paint being in the south line of a T XDOT Drainage Easement as recorded in !nstrument`lumber 2010-19813 of said Official Records; TH'EMCE, North 69 36'08" East, along said Drainage—Easement, a distance of 8.08 feet to a point for corner; i I TH2,MCE, north 11°29'56"West,continuing along said Drainage Easement, a distance of 56.29 fee,to a point for corner; T H ,NCE, South 30° 1'I'26" East, departing said Drainage Easement, a distance of 98.61 *feet to a paint for corner; 7HE'IC=, South 00° 11'26'East, a distance of-119.56 feet to a point for corner' 1 THci1302,South 80'00'00"West, a distant:,c'i`51.86 last to a point for corner; T HE;i0E, South 00° 11'26"East, a distance or 194.83 teat to a point rcr corner; 7-12NG2, .Scuti 30' 1 V 23"Eas,,a distal ica 0f 132.10 1Sat i0 a point i0r Coma(; t THENCE, Due East, a distance of 111.05 feet to a point for corner in the east line of said Nexmetro tract and the west line of said Exel tract; THENCE, Souih 00' 11 23" East, along the east line of said Nexmetro tract and the west line of said Exei tract, a distance of 25.00 feet to the P09NT OF SE 3 1 1-N P 4 G and co;paining an area of 0.-7AO acres 0r 25,898 square feet 0'i!and, more or le33 BEING A PART OF THE NEXMETRO RESERVE, LP TRACT, f' AND BEING 0.590 ACRES OUT OF . fr .i t THE CHARLES TYDINGS SURVEY, ABSTRACT NUMBER 1278, 4 'Aene Siivas 1 Date .-1'._,1 F_ CITY OF FORT WORTH, DENTON COUNTY,TEXAS Registered Professional Land Surveyor No.5921 MARCH 19, 2019 NOTES BGE, Inc. A plat of survey with even date shown hereon was prepared in conjunction with this legal description- o 500 West 7th St.,Suite 1800, Fort Worth,TX 76102 " Tel: 817-887-6130 9 www.bgeinc.com Bearings are based on the Texas State Plane Coordinate System, TBPLS Registration No. 10194416 Texas North Central Zone 4202, North American Datum of 1983, adjustment realization 2011 Copyright 2019 JOB No. 5840-00 RS/JIv1H PAGE 1 OF 3 ;