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HomeMy WebLinkAboutContract 53029 234 561 CITY SECRETARY CONTRACT NO., , oZ� F<E 2p19 n EASEMENT ENCROACHMENT LICENSE AGREEMENT oFFot��wo� Commercial 9 i Z 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 Highland Terrace Condo Association, a nonprofit corporation ("Licensee"), owner of the real property located at 4541 Heritage Trace Parkway, Fort Worth, Texas 76244 ("Property"), acting by and through its duly authorized 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 C" and incorporated herein for all purposes; and WHEREAS, the City has a sanitary sewer 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 storm drainage and private monument signage within a public sanitary sewer easement (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. ®FFOCIt�L RE�'OR� COTS'SECRETXII Easement Encroachment Agreement-Commercial � Revised l2 2018` 2. All construction, maintenance, or operation in connection with such Encroachment, use, and occupancy shall comply and be performed in strict compliance with this Agreement and with the Charter, Ordinances, and Codes of the City, and in accordance with the directions of the Director of the Transportation and Public Works Department or the Director of the Water Department, or their duly authorized representative. Prior to the construction of the Encroachment, Licensee shall submit all plans and specifications to the applicable Director or duly authorized representative. Licensee shall not commence construction of the Encroachment until such approval shall be indicated in writing by the applicable Director or authorized representative. However, such approval shall not relieve Licensee of responsibility and liability for concept, design, and computation in the preparation of such plans and specifications. 3. Licensee, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or future utilities affected by such Encroachment, use, and occupancy, including securing the approval and consent of the appropriate utility companies and agencies of the State and its political subdivisions. In the event that any installation, reinstallation, relocation, or repair of any existing or future utility or improvements owned by or constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance, or existence of the Encroachment and use, Licensee shall pay to the City an additional amount equal to such additional cost as reasonably determined by the Director of Transportation and Public Works or the Director of the Water Department, or their duly authorized representative. 4. Licensee agrees that the City may enter and utilize the referenced areas at any time for the purpose of installing, repairing, replacing, or maintaining improvements to its public facilities or utilities necessary for the health, safety, and welfare of the public, or for any other public purpose. The City shall bear no responsibility or liability for any damage or disruption or other adverse consequences resulting from the Encroachment installed by Licensee, but the City will make reasonable efforts to minimize such damage. 5. Upon termination of this Agreement, Licensee shall, at the option of and at no expense to the City, remove the Encroachment and restore the Easement to a condition acceptable to the Director of Transportation and Public Works or the Director of the Water Department, or their duly authorized representative, in accordance with then- 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 Easement Encroachment Agreement-Commercial Page 2 of 12 Revised 12/2018 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. 9. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS Easement Encroachment Agreement-Commercial Page 3 of 12 Revised 12/2018 FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES. 10. While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance naming City as certificate holder as proof that it has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and described in Exhibit A. The amounts of such insurance shall be not less than $1,000,000 with the understanding and agreement by Licensee that such insurance amounts may be revised upward at City's option and that Licensee shall so revise such amounts immediately following notice to Licensee of such requirement. Such insurance policy shall not be canceled or amended without at least thirty (30) days prior written notice to the Building Official of the City. A copy of such Certificate of Insurance is attached as "Exhibit B" and incorporated herein for all purposes. Licensee agrees to submit a similar Certificate of Insurance annually to the City on the anniversary date of the execution of this Agreement. Licensee agrees, binds, and obligates itself and its successors and assigns to maintain and keep in force such public liability insurance at all times during the term of this Agreement and until the removal of the Encroachment and the cleaning and restoration of the Easement. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. Easement Encroachment Agreement-Commercial Page 4 of 12 Revised 12/2018 11. Licensee agrees to deposit with the City when this Agreement is executed a sufficient sum of money to be used to pay necessary fees to record this Agreement in the real property records of Tarrant County, Texas. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. 12. Licensee agrees to comply fully with all applicable federal, state, and local laws, statutes, ordinances, codes, and regulations in connection with the construction, operation, and maintenance of the Encroachment and uses. 13. Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for by this Agreement or by any federal, state, or local statute, law, or regulation. 14. Licensee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant, or employee of City, and Licensee shall have exclusive control of and the exclusive right to control the details of its operations, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. The doctrine of respondeat superior shall not apply as between City and Licensee, its officers, agents, servants, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Licensee. 15. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain, and locate the Encroachment over or within the Easement and is not a conveyance of any right, title, or interest in or to the Easement, nor is it meant to convey any right to use or occupy property in which a third-party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. 16. In any action brought by the City for the enforcement of the obligations of the Licensee, the City shall be entitled to recover interest and reasonable attorneys' fees. Easement Encroachment Agreement-Commercial Page 5 of 12 Revised 12/2018 17. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. 18. Licensee covenants and agrees that it will not assign all or any of its rights, privileges, or duties under this Agreement without the written approval of the City, and any attempted assignment without such written approval shall be void. In the event Licensee conveys the Property, Licensee may assign all of its rights and obligations under this Agreement to the new owner of the Property, and Licensee shall be deemed released from its duties and obligations hereunder upon City's approval in writing of such assignment, which approval shall not be unreasonably conditioned or withheld. Foreclosure by a secured lender of Licensee or assignment to a secured lender by Licensee in the event of default or otherwise shall not require City approval provided that said lender notifies City in writing within sixty (60) days of such foreclosure or assignment and assumes all of Licensee's rights and obligations hereunder. However, no change of ownership due to foreclosure or assignment to any secured lender of Licensee shall be effective as to City unless and until written notice of such foreclosure or assignment is provided to City. 19. Any cause of action for breach of this Agreement shall be brought in Tarrant County, Texas. This Agreement shall be governed by the laws of the State of Texas. 20. This Agreement shall be binding upon the parties hereto and their successors and assigns. 21, This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. [SIGNATURES APPEAR ON FOLLOWING PAGE] Easement Encroachment Agreement-Commercial Page 6 of 12 Revised 12/2018 City: Licensee: CITY OF FORT WOR HIGHLAND TERRACE CONDO ASSOCIATION By: By: Randle Ha rw od, Director Name: Craig Wilkinson Planni & evelopment Title: President Date: Date: ATTEST: Approved As To Form and Legality ity Secr ary �" `--� Trey Qualls .' + ssistant City Attorney 1. 00 9 . 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 M ICAL RERl-IX SECREKARy WORTH T Easement Encroachment Agreement-Commercial Page 7 of 12 Revised 12/2018 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of 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. AlGIVEN UNDER MY HAND AND SEAL OF OFFICE this 5 day of l 20 /� . ii /,?al, N ary Publ' in and o e State of Texas After recording return to: """'U JENNIFER LOUISE EZERNACK Planning & Development ::, 6S Notary Public,state of Texas Development Coordination Office " +P Comm.Expires 03 01-2020 '�ni�a`�� 200 Texas Street Notary ID 130561630 Fort Worth, Texas 76102 OFFICIAL. RECORD CITY SECRETARY FT. WORTH,TX Easement Encroachment Agreement-Commercial Page 8 of 12 Revised 12/2018 STATE OF TEXAS § COUNTY OF TAR-RANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Craig Wilkinson, President 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 Highland Terrace Condo Association, a nonprofit corporation, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of Octob 019. uc� Notary Public in and for the State of Texas DM ELMOUNA _• :•: My Notrluy ID 12W75708 M EVres 4d 13,2023 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Easement Encroachment Agreement-Commercial Revised 12/2018 EXHIBIT A Map of Easement and Encroachment Easement Encroachment Agreement-Commercial Page 10 of 12 Revised 12/2018 Ln w m ar -1 v Y o � O t o a+ v N O 3z c . Nz 0 m O !n c 0) ' � 0 0 �` ` xz o >_ O � . . d O 00 00 IA 0o Z ro p o r`o ~. o O.7 vi ui _ N u u = �0, . a . � N:� a 3 O ) N C W 0�N�}+�i f- i N� fC0 Z C oT0 Y Lvf w i v • � • CD 4t. 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Basis of bearing being the Texas Coordinate System,NAD83,North CC#............County Clerk's File No. Central Zone-4202,as established using OPRTCT.....Official Public Records,Tarrant County,Texas GPS Technology in conjunction with the POB...........Point of Beginning ALLTERRA RTKNET Cooperative Network. POC...........Point of Commencing SSE............Sanitary Sewer Easement 2. All distances shown are at ground. FZ6*6 ��P��X5 ER a'rgS ees°seeseeseeeeseasee°se• BAIRD, HAMPTON&BROWN ROBERT P.ALLEN -- - �. •eeeeeeeeeeseeseeeeeee• engineering and survey—ing -,off 6495 obert P.Allen July 22,2019 D Q- 3801 William D.Tate,Suite 500 Grapevine,TX 76051 Registered Professional Land Surveyor No.6495 00,4 :::� l0 rallen@bhbinc.00m-817.251.8550°bhbinc.com S U R V TBPE Firm#44°TBPLS FIRM#10011302 PROJECT NO.2019.704.000 EXHIBIT B Certificate of Insurance Easement Encroachment Agreement-Commercial Page I I 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 EASEMENT ENCROACHMENT 6 SQUARE FEET OR 0.0001 ACRES LOT 3, BLOCK 16S, HERITAGE ADDITION, AND NORTH BEACH STREET, WILLIAM BOSTICK SURVEY ABSTRACT NO. 210 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS BEING a tract of land situated in the William Bostick Survey,Abstract No. 210, City of Fort Worth,Tarrant County, Texas, being part of Lot 3, Block 165, Heritage Addition, and North Beach Street, an addition to the City of Fort Worth,Tarrant County, Texas, as shown on plat thereof and recorded in County Clerk's File No. (CC#) D215035467, Official Public Records,Tarrant County,Texas, (OPRTCT) and being more particularly described by metes and bounds as follows: (Basis of bearing being the Texas Coordinate System, NAD83, North Central Zone-4202. As established using GPS Technology in conjunction with the ALLTERRA RTKNET Cooperative Network.Vertical Datum established using GPS Technology and all elevation shown are NAVD88.The Point of Beginning has a convergence angle of 00.39'40.28" and a combine scale factor of 0.9984621) COMMENCING at a the southeast corner of said Lot 3 and being common with the southwest corner of Lot 2, Block 165, Heritage Addition, an addition to the City of Fort Worth,Tarrant County,Texas, as shown on plat thereof and recorded in (CC#) D214080316, (OPRTCT), also being in the north right of way line of Heritage Trace Parkway( a variable width right of way),from which a 5/8-inch capped iron rod marked "Peloton"found bears North 42.59'31" East, a distance of 0.19 feet; THENCE over and across the said Lot 3,the following courses and distances: North 10.40'20" West, a distance of 56.41 feet to the POINT OF BEGINNING; North 15.07'23" West, a distance of 2.30 feet to a point for corner; North 39.53'36" West,a distance of 0.69 feet to a point for corner; North 43.52'00" East, a distance of 3.97 feet to a point for corner; South 46.08'00" East, a distance of 0.63 feet to a point for corner; South 76.11'16" East, a distance of 3.77 feet to a point for corner,from which a 5/8-inch capped iron rod marked "PELOTON"found for an ell corner of said Lot 3, bears North 54.33'36" East, a distance of 219.91 feet; South 13.48'44" West,a distance of 0.50 feet to a point for corner; North 76.11'16" West, a distance of 3.98 feet to a point for corner; South 43.52'00" West, a distance of 2.93 feet to a point for corner; South 15.07'23" East, a distance of 2.44 feet to a point for corner; South 59.33'03" West, a distance of 0.52 feet to the POINT OF BEGINNING and containing 6 square feet or 0.0001 acres of land, more or less. '�P�E'O� C''��GRFo•Is ..:.................:.. BAIRD, HAMPTON &BROWN *00 ROBERT P. ALLEN engineering and surveying • 0 6495 • 'Robert P.Allen July 22,2019 '.�'pIC, �P;�� 3801 William D.Tate,Suite 500 Grapevine,TX 76051 Registered Professional Land Surveyor No.649S ���*00*0000 R V Ey0 rallen@bhbinc.com•817.251.8550•bhbinc.com TBPE Finn#44•TBPLS FIRM#10011302 PROJECT NO.2019.704.000 Exhibit C EASEMENT ENCROACHMENT 17.86 LINEAR FEET OR 1.08 RODS LOT 3, BLOCK 165, HERITAGE ADDITION, AND NORTH BEACH STREET, WILLIAM BOSTICK SURVEY ABSTRACT NO. 210 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS BEING a 30" Storm Drain Pipe situated in the William Bostick Survey, Abstract No. 210, City of Fort Worth,Tarrant County,Texas, being part of Lot 3, Block 165, Heritage Addition,and North Beach Street, an addition to the City of Fort Worth,Tarrant County,Texas, as shown on plat thereof and recorded in County Clerk's File No. (CC#) D215035467, Official Public Records,Tarrant County,Texas, (OPRTCT) and being more particularly described by metes and bounds as follows: (Basis of bearing being the Texas Coordinate System, NAD83, North Central Zone- 4202.As established using GPS Technology in conjunction with the ALLTERRA RTKNET Cooperative Network.Vertical Datum established using GPS Technology and all elevation shown are NAVD88.The Point of Beginning has a convergence angle of 00'39'40.28" and a combine scale factor of 0.9984621) COMMENCING at a the southeast corner of said Lot 3 and being common with the southwest corner of Lot 2, Block 165, Heritage Addition, an addition to the City of Fort Worth,Tarrant County,Texas, as shown on plat thereof and recorded in (CC#) D214080316, (OPRTCT), also being in the north right of way line of Heritage Trace Parkway( a variable width right of way),from which a 5/8-inch capped iron rod marked "Peloton"found bears North 42'59'31" East, a distance of 0.19 feet; THENCE over and across the said Lot 3,the following courses and distances: North 09'13'46" West, a distance of 59.90 feet to the POINT OF BEGINNING (N:7018043.40, E: 2340501.24) of a proposed 30" Storm Drain Pipe; North 45'36'26" West, a distance of 17.86 feet to the POINT OF TERMINATION (N:7018055.89, E:2340488.47)of a proposed 30" Storm Drain Pipe,from which a 5/8-inch capped iron rod marked "PELOTON"found for an ell corner of said Lot 3, bears North 59'35'07" East, a distance of 228.33 feet and has a 17.86 linear feet or 1.08 rods,more or less. E•0 F �•���G\STER�oags E3mmB *. .k BAIRD, HAMPTON &BROWN ROBERT P. ALLEN engineering and surveying •,0 6495 • 'Robert P.Allen July 22,2019 '%'P, 3801 William D.Tate,Suite 500 Grapevine,Tx 76051 Registered Professional Land Surveyor No.6495 ��L•'•::::�'�y� rallen@bhbinc.com•817.251.8550•bhbinc.com S U R v TBPE Firm#44•TBPLS FIRM#10011302 PROJECT NO.2019.704.000 Exhibit C EASEMENT ENCROACHMENT 7 SQUARE FEET OR 0.0002 ACRES LOT 3, BLOCK 165, HERITAGE ADDITION, AND NORTH BEACH STREET, WILLIAM BOSTICK SURVEY ABSTRACT NO. 210 CITY OF FORT WORTH, TARRANT COUNTY,TEXAS BEING a tract of land situated in the William Bostick Survey, Abstract No. 210, City of Fort Worth,Tarrant County, Texas, being part of Lot 3, Block 165, Heritage Addition, and North Beach Street, an addition to the City of Fort Worth,Tarrant County,Texas, as shown on plat thereof and recorded in County Clerk's File No. (CC#) D215035467, Official Public Records,Tarrant County,Texas, (OPRTCT) and being more particularly described by metes and bounds as follows: (Basis of bearing being the Texas Coordinate System, NAD83, North Central Zone-4202.As established using GPS Technology in conjunction with the ALLTERRA RTKNET Cooperative Network) COMMENCING at a the southeast corner of said Lot 3 and being common with the southwest corner of Lot 2, Block 165, Heritage Addition, an addition to the City of Fort Worth,Tarrant County,Texas, as shown on plat thereof and recorded in (CC#) D214080316, (OPRTCT), also being in the north right of way line of Heritage Trace Parkway( a variable width right of way), from which a 5/8-inch capped iron rod marked "Peloton"found bears North 42.59'31" East, a distance of 0.19 feet; THENCE over and across the said Lot 3,the following courses and distances: North 66.32'16" West, a distance of 68.65 feet to the POINT OF BEGINNING; South 01.46'45" West, a distance of 2.89 feet to a point for corner; South 59.33'03" West, a distance of 2.43 feet to a point for corner; North 01.53'42" East, a distance of 4.21 feet to a point for corner,from which a 5/8-inch capped iron rod marked "Jacobs"found in the south line of the aforesaid Lot 3 and the north right of way line of said Heritage Trace Parkway, bears South 80.28'19" West, a distance of 89.23 feet; South 87.37'07" East, a distance of 2.05 feet to the POINT OF BEGINNING and containing 7 square feet or 0.0002 acres of land, more or less. �•0 F TF'f a . B - • ...:.................... BAIRD, HAMPTON&BROWN ROBERT P. ALLEN engineering and surveying • o 6495 • 'Robert P.Allen July 22,2019 10.P, �P;'� 3801 William D.Tate,Suite 500 Grapevine,TX 76051 Registered Professional Land Surveyor No.6495 ��L•'•::::*'•-1 rallen@bhbinc.com•817.251.8550•bhbinc.com S U R 4 TBPE Firm#44•TBPLS FIRM#10011302 PROJECT NO. 2019.704.000 Exhibit C CONDOMINIUM PUT OF LOT 3,BLOCK 165 HERITAGE ADDITION BEING A 13.030 ACRE TRACT SITUATED IN THE WILLIAM BOSTICK SURVEY,ABSTRACT NO.210 CITY OF FORT WORTH,TARRANT COUNTY,TEXAS OCTOBER 2017 BEING a 13.030 acre tract of land situated in the William Bostick Survey,Abstract No.210,City of Fort Worth,Tarrant County,Texas,and being a portion of a called 13.060 acre tract of land as described in the deed to Highland Terrace Development,LTD.recorded in County Clerk's Instrument No.D213325840,Official Public Records,Tarrant County,Texas(OPRTCT),also being all of Lot 3,Block 165,Heritage Addition,an addition to the CAty of Fort Worth,Tarrant County,Texas, according to the plat recorded in County Cierk's Instrument No.D215035467,OPRTCT,and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch capped iron rod marked"BHB"set(CIRS)for the northeast comer of said Lot 3,being in the south right-of-way line of Alta Vista Road,a variable width right-of-way, THENCE South 00°06'57"West,with the common line between said Lot 3,and Lot 1,Block 1,Alta Vista Elementary School Addition,an addition to the City of Fort Worth,Tarrant County,Texas,according to the plat thereof recorded in Cabinet A,Slide 11544,Plat Records,Tarrant County,Texas(PRTCT),a distance of 452.51 feet to a 5/8 inch Iron rod found for comer, THENCE South 44°50'01"East,continuing with the said common line,a distance of 580.16 feet to a CIRS for comer, THENCE South 89°52'39"East,continuing with the said common line,a distance of 8.76 feet to a 5/8 inch capped iron rod marked"PELOTON"found for the northernmost northwest comer of Lot 2,Block 165,Heritage Addition,an addition to the Gty of Fort Worth,Tarrant County,Texas,according to the plat thereof recorded in County Clerk's Instrument No.D214080316,OPRTCT, THENCE South 10*47'21"East,with the common line between said Lot 3,and said Lot 2,a distance of 16.58 feet to a 5/8 inch capped Iron rod marked"PELOTON"found for comer, THENCE South 59°29'52"West,continuing with the said common line,a distance of 69.89 feet to a 5/8 inch capped Iron rod marked"PELOTON"found for comer, THENCE South 42°59'31"West,continuing with the said common line,a distance of 255.96 feet to a point for comer in the north right-of-way line of Heritage Trace Parkway,a variable width right-of-way,from which a found 5/8 Inch capped Iron rod marked"PELOTON"bears North 42°59'31"East,a distance of 0.19 feet; THENCE with the common line between said Lot 3,and said Heritage Trace Parkway,and with a non-tangent curve to the left having a central angle of 06°00'24",a radius of 1465.00 feet,an arc length of 153.58 feet,and a chord which bears North 85°13'09"West,a distance of 153.51 feet to 5/8 inch capped iron rod marked"JACOBS"found for comer, THENCE continuing with the said common line,and with a reverse curve to the right having a central angle of 05°37'54",a radius of 988.50 feet,an arc length of 97.16 feet,and a chord which bears North 85°24'24"West,a distance of 97.12 feet to a 5/8 Inch capped iron rod marked"JACOBS"found for comer, THENCE continuing with the said common line and a reverse curve to the left having a central angle of 07'19'52",a radius of 611.50 feet,an arc length of 78.24 feet,and a chord which bears North 86°15'23"West,a distance of 78.19 feet to a point for corner from which a 5/8 Inch capped iron rod found marked'JACOBS"bears North 51*38'18"East,a distance of 0.29 feet; THENCE North 89°55'19"West,continuing with the said common line,a distance of 150.00 feet to the southeast comer of a comer dip at the northeast comer of the Intersection of said Heritage Trace Parkway and North Beach Street,a variable width right-of-way,from which a 5/8 Inch capped Iron rod found marked"JACOBS"bears South 58°32'01"East,a distance of 0.26 feet; THENCE with said comer dip,and with a curve to the right having a central angle of 89°21'15",a radius of 90.00 feet,an arc length of 140.36 feet,and a chord which bears North 45°14'35"West,a distance of 126.56 feet to a CIRS for corner, THENCE North OW33'51"West,with the common line between said Lot 3,and said North Beach Street,a distance of 30.00 feet to a CIRS for comer, THENCE North OW36'26"West,continuing with the said common line,a distance of 934.23 feet to CIRS for comer at the southwest comer of a comer dip at the southeast corner of the Intersection of said North Beach Street and Alta Vista Road,a variable width right-of-way, THENCE North 44°49'34"East,with said comer dip,a distance of 20.72 feet to a CIRS for corner, THENCE South 89°44'26"East,with the common line between said Lot 3,and said Alta Vista Road,a distance of 192.43 feet to a point for comer,from which a 5/8 Inch Iron rod found with an unreadable cap bears South 41°01'51"East,a distance of 0.22 feet;; THENCE North 00*15'34"East,continuing with the said common line,a distance of 9.69 feet to a CIRS for comer, THENCE North 89°55'22"East,continuing with the said common line,a distance of 185.57 feet to the POINT OF BEGINNING and containing 567,580 square feet or 13.030 acres of land more or less. OF NOTE: '�P•('G�gTER� '9 Basis of bearing being the Texas Coordinate System,NAD83 North Central Zone-4202,as vao-� established using GPS technology In Xshua D.Wargo 1 1 95-17 .... ..OSHUA D..WARGO. conjunction with the RTK Cooperative Network Registered Professional Land Surveyor No.6391 .4................................ B BAIRD, HAMPTON & BROWN, INC. A 6391 B!■ ENGINEERING & SURVEYING l,9'.O�ESS1ltkP'OQ- 3801 William D. Tate Avenue, Suite 500, Grapevine, TX 76051 jworgoObhbinc.com 817-251-8550 www.bhbinc.com $UW� EXHIBIT A 131113 Project 12015.400.020 TBPE Firm F-44 TBPLS Firm 10011302 PAGE 1 OF 1