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HomeMy WebLinkAboutContract 53249 � 23456 Q $, CITY SECRETARY � o a CONTRACT NO. 5.'aqq EASEMENT ENCROACHMENT LICENSE AGREEMENT Commercial y 5 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 CVS PHARMACY, INC., a Rhode Island corporation, ("Licensee"), owner of the real property located at 1115 81h Avenue, Fort Worth, Texas 76104 ("Property"), having a mailing address for purposes of receiving all notices hereunder of One CVS Drive, Woonsocket, RI 02895, Attn: Property Administration, Store 11323, acting by and through its duly authorized Assistant Secretary. 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 installing, maintaining, repairing and replacing a private storm sewer pipe (the "Encroachment"). Upon completion of the Encroachment, Licensee ernes to�be _ Easement Encroachment Agreement-Commercial Page 1 a l 3 :k 1rr Revised.12/2018 59227838 vl 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. 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. Easement Encroachment Agreement-Commercial Page 2 of 13 Revised 12/2018 59227838 vl 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 Encroachment and any supporting structures and assess a Iien 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. At the end of the term, whether by expiration or earlier termination, the City covenants to negotiate in good faith to renew this Agreement on substantially the same terms and conditions as contained herein. 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 Easement Encroachment Agreement-Commercial Page 3 of 13 Revised 12/2018 59227838 vl 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 ANY AND ALL PERSONS, OF WHATSOEVER HIND 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, 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. The City may obtain an updated Certificate of Insurance at any time during the term of this Agreement by accessing Licensee's online insurance portal located at: Easement Encroachment Agreement-Commercial Page 4 of 13 Revised 12/2018 59227838 v] https•//online marsh.com/marshconnectpublic/mars_h2/public/moi?client=3535866 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. 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 Easement Encroachment Agreement-Commercial Page 5 of 13 Revised 12/2018 59227838 vl 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. 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. Easement Encroachment Agreement-Commercial Page 6 of 13 Revised 12/2018 59227838 vI This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. City: Licensee: CITY OF FORT WORTH CVS PHARMACY,INC., a Rhode Island corporation By: By Ra dle Harwood, Director Toni A. Motta Planning&De T( ra lopmt Assistant Secretary Date: ZDate: .2, Jr CVS LEGAL APPROVAL: �`s Wyk John L. Arnold, Esq. ........... �� Hinckley Allen & Snyder LLP ATTEST: '' } Approved As To Form and Legality City Se ry Ma A Info (V*ux( Assistant City Attorney Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of th' contract, including ensuring all performance a d reporting requirements. Z. 12 X I Janie S. Morales velopment Manager Easement Encroachment Agreement-Commercial 01 evtrpage3' 8 _--- 59227838 vl 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 1A day of ' 0 Ali , 2011 . ����yp..... i JENNIFER LOUISE EZERNACK N ary Pu in and r the State of Texas �.Q,P.....�,., =r; �—Notary Public,State of Texas +�► Comm.Expires 03-01-2020 M O" Notary ID 130561634 After recording return to: Planning &Development Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 i Easement Encroachment Agreement-Commercial Page 8 of 13 Revised 12/2018 59227838 vl STATE OF RHODE � an a— § COUNTY OF PROVIDENCE § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Rhode Island, on this day personally appeared Toni A. Motta, Assistant Secretary 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 CVS PHARMACY, INC., a Rhode Island corporation, and in the capacity therein stated. GIVEN CINDER MY HAND AND SEAL OF OFFICE this ��-�r aay 20 1 . v' Notary Public in and for th(;ail L. Beaulieu `a t�rY State of Rhode Island Notary Public 28998 \%°®® G Mate of Rhode Island puo\c� My Comm, Expires 06/27/2021 s of Rroa� Easement Encroachment Agreement-Commercial Page 9 of 13 Revised 1212018 59227838 vt EXHIBIT A Map of Easement and Encroachment io �•-„ram _ M ; flllftbNV AVJr. i, 1 1 1 1 1 i R I IIIIL I # I P 1 1 1 1 Tz' S 0 'p, Easement Encroachment Agreement-Commercial Page 10 of 13 Revised 12/2018 59227838 vl EXHIBIT B Certificate of Insurance DATE(MMr myYYJ CERTIFICATE OF LIABILITY INSURANCE I ille7rm19 THIS CERTIFICATE I$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 pollcy(les)must have ADDITIONAL INSURED provisions or he endorsed. II 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 CNAOMNIACT MARSH USA,INC. - 99 HIGH STREET =.m.,ENcV' 1Ar Nal' BOSTON,MA 02110 F-MAIL Mill CVSCaremark COlRegaesl@.Ixsh.00m re.212-948 6M ADDRESS. INSURERS AFFORDING COVERAGE NAICY MDI22B639-GL-GL-19-20 INSURERA:CYeemlicll lni faAC9 Cn 3� INSURED CC CV INSURERB- S HFAL TIi JiPCR11TION ONECVS DRIVE MC2100 INSURER C: WOONSOCKLT,RI 02096 INSURER D: INSURER E: _ INSURER F: COVERAGES CERTIFICATE NUMBER: WCU107703t"I REVISION NUMBER:2 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 DOCUMFNT 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 SHOVVM MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL BVDR POLICYEFF POLICYERP LIMBS LTR TYPEOFINSURANCE POLICYNUMBER MMID A X COMMERCIALuENERALLIABILITY RGE3001220D2 OWWO19 OV01020 EACMOCCURRFNCE $ 4,5W0000 _ CLAJMS-MADE C OCCUR PRrw15E5 Ea omF S I.00o,000 X SIR SW0,W0 MEDEXP(Aa7 pn ) r X LIQUOR LIABILITYINGLUOED PERSONAL&AOVINAIRY $ 4.500.1m6 GENL AGGREGATE IMIT APPLIES PER'. GENERAL AGGREGATE $ 26,OW.0 Q X POL1.::1 JUECT I LOG PROOlICTS-GONPIOPAGG 5 INCLUDED OTHER- S MSINEO SINGLE OMIT $ AUTOMOSILELIABILITY (La as-tlenD ANY AUTO BODILY INJURY(Per person) $ OWNED BeFIEDULEO BODILY INJURY IN,arcident) $ ALTIOSONLY AUTOS HiRED PROPERTYDAMAGE _ AUTOS ONLY AUTOS ONLY Y (Pzraubenl) UMaRELLALIAB OCCUR EACHOccDRRENCE !I EXCESSUAB E CLAIMS.MADL AGGREGATE 5 _ DEO I RETENTION$ $ WORKERS COMPENSAVON PER OTH' ANOEMPLOYERS LIABILITY AT ER YIN lMUERAC FJIECUTNE A E.L EACH ACCkOENT OFFICuri In NH) $ (man6afaEXCLUDELUOEO7 Nl EL DISEASE-FJ.EMPLOYEE$ If We,cl s tb u,der OESCREPnON OF OPERATIONS bd— EL DISEASE-POLICY LIMIT 5 DESCRIPTION OF OPERATIONS I LOCATIDNS J VEHICLES(ACORO 101,Adddi hal Remarks Schedule,may he aaached d mere space is requr cdl RE STORE SI 1=61,LOCATED AT BTH AVE AND R+)SROALE STREET IN FORT WORTH,TX 76104 CERTIFICATE HOLDER CANCELLATION I IS2"I CITY OF FORT WORTH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PLANNING B DEVELOPMENT CFA OFFICE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PN19A0H2 ACCORDANCE WITH THE POLICY PROVISIONS. 200 TEXAS STREET FORTWORTH,TX 76102 AUTEgaREG REPRESENTATIVE of Marsh USA Inc, YevOenw Muyamina '�� r�,Ela l7Lu�nn7ln�c ©1988-2016 ACORD CORPORATION, All rights reserved. ACORD 25 J2010103) The ACORD name and logo ara registered marks of ACORD Easement Encroachment Agreement-Commercial Page 11 of 13 Revised 12/2018 59227838 v1 AGENCY CUSTOMER ID: CNIO1226639 LOC N• Boston A� ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED MARSH USA.ING OVS HEALTH CORPORATION ONE CVS DAIVL MC2180 POLICYNUABER WOONSOCKET,RI OW CARRIER NAIC CODE HX'fEC7NEDATe ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liablllty Insurance COMMON POLICICONDMONS A CameTalisn 2 We[Garner]may cencol this po';cy by m©Ing a dehrerirrg b hB first Named krswad vmhm natca oloenaef�in W least a,10daysbebre He eRern'e dalealamfc NLal Yves a lbrmn paimenlal pmmurn 1)Gareral Oahihy Adi.6mai Flwred-Where Refined Un�r LLnhaN or ADeerDnt Wngoa{�perendam�rmN GG 2026 f04f l3) SECTION II-WHO IS AN INSURED,is amended to inchldo as an addtioeal vwrud� Anypersonaagmimfim fornhom the Nensd lis dhas agreed loprovW elsuerrce prbrlo loss asyr VAdby d:e Gmer911J"ty PCSWklcap blw[Nil end scopau4 inueawaagrsed lo by the blamed 4,wred but any M&respect b tablfty br'bodY gure,'prapertr damage a'peiwnal andadrwWnij ijmy esassd to vdwfaor in PA by de Ilelned Insureds eels a omssiensor the eqs a mrassklls of tlwse acbngm the named fnsaeds behap. 1.In the pwhmarKe or ywr ongoing oparatms; 2.In"rlotan valh ym premises armed by cr rented to yew. 2)C—1 Liability Emir N.Ike of PFasided By Us 4mgoo0e per ntdor5ement CS 0224 4097. NurrlremQsys Mi. 90 Fw arty stelrbdy perniled nes—olMrlhm rrmpaimenl olpre—k the numhv or drys Iegrired for rmlce of c ssilafon,aspmvidd in pvagraph 2-ole6rerthe SRlICLU AIION mmrmn Po€y Cmd6m n es amended tr�r an apptcahio siaro carce�0arr endyserrrrnt,is.crud b Iha nsmberol rts}s shoxn n Oe Sdredrk abvre. 31 GENERAL LIABLIYY WAOIE.LATION NOTIFICATION TO OTHERS ENDORSEUENT In the e�1 oaverage is sscclled Iu-�wly slaluWriypeRmtled reosm,other tivn mnpsymeM oFpremvm,adrmmd Niltlm md�vn'p he mailed or deEvncd to persm(s)arentity (wss)by the Ceniier ewunIng to Die n0fKabon sche(alo shmn Leber. NalmofPvson(s)cr Fnity(s)_ Per the mast current sLlreduk msnlared by lAash NSh Inc.andfum'IsMdmXL SatSrmkss than 45 drys puprlo the elreaive datoolc�nwl4��nn. AWmbor orOe{s Adranmd I rNlce M Cmoof afon:99 ACORD 101(200SM1) 02008 ACORD CORPORATION. Ali rights reserved. The ACORD name and IOgoare registered marks of ACORD Easement Encroachment Agreement-Commercial Page 12 of 13 Revised 12/2018 59227838 vl EXHIBIT C Metes and Bounds Legal Description of the Property SITUATED IN THE WILLIAM WELCH SURVEY,A-1644, IN THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS AND BEING ALL OF LOT 311 BLOCK 2 IN THE J. N. BROOKER'S SUBDIVISION, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY,TEXAS, ACCORDING TO THE PLAT FILED FOR RECORD IN DOCUMENT NUMBER: D219134584, PLAT RECORDS,TARRANT COUNTY, TEXAS, AND IS FURTHER BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT A CAPPED 5/8" IRON REBAR SET(I.D. BECKWITH,TEXAS RPLS 6689) AT THE NORTHEASTERLY CORNER OF LOT 10 OF J. N. BROOKER'S SUBDIVISION, AN ADDITION TO THE CITY OF FORT WORTH,TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT FILED FOR RECORD IN VOLUME 204, PAGE 38, DEED RECORDS, TARRANT COUNTY, TEXAS SAID CORNER LYING IN THE WESTERLY RIGHT-OF-WAY LINE OF HURLEY STREET(50 FEET WIDE); THENCE, ALONG THE NORTHERLY LINE OF SAID LOT 10 THE NORTHERLY LINE OF AN 8 FOOT WIDE ALLEY, VACATED BY CITY ORDINANCE 23670-05-2019, AND THE NORTHERLY LINE OF LOT 7 IN SAID SUBDIVISION, SOUTH 89°20'12" WEST A DISTANCE OF 210.16 FEET TO A CAPPED 5/8" IRON REBAR SET(1.D. BECKWITH, TEXAS RPLS 6689) IN THE EASTERLY RIGHT-OF-WAY LINE OF EIGHTH STREET(WIDTH VARIES); THENCE, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, NORTH 01°35'51" EAST A DISTANCE OF 50.03 FEETTO AN IRON REBAR FOUND AT AN ANGLEPOINTTHEREIN; THENCE, CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE, NORTH 00-45-42" EAST DISTANCE OF 49.73 FEET TO AN IRON REBAR FOUND (I.D. COLE)AT AN ANGLEPOINT THEREIN; THENCE, CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE, NORTH 00-00-23" EAST DISTANCE OF 100.07 FEET TO AN IRON REBAR FOUND (I.D. COLE) IN THE SOUTHERLY LINE OF LOT 2 IN SAID SUBDIVISION; THENCE, ALONG SAID SOUTHERLY LINE AND THE SOUTHERLY LINE OF SAID 8 FOOT WIDE ALLEY AND THE SOUTHERLY LINE OF LOT 15 IN SAID SUBDIVISION NORTH 89'17'06" EAST A DISTANCE OF 205.88 FEET TO SAID WESTERLY RIGHT-OF-WAY LINE OF HURLEY STREET; THENCE, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, SOUTH 00°37'56" EAST DISTANCE OF 199.96 FEET TO THE POINT OF BEGINNING CONTAINING 41,455.76 SQUARE FEET OR 0.9517 ACRES (MORE OR LESS) OF LAND. BEARINGS USED HEREIN REFER TO THE STATE PLANE COORDINATE SYSTEM TEXAS NORTH CENTRAL ZONE 4202, NORTH AMERICAN DATUM OF 1983. Easement Encroachment Agreement-Commercial Page 13 of 13 Revised 12/20I8 59227838 v1