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HomeMy WebLinkAboutContract 53537 CITY SE"REHARY CONTRACT NO. 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 ALM FORT WORTH, LLC, a limited liability company ("Licensee"), owner of the real property located at 9627 CAMP BOWIE WEST BLVD, Fort Worth, Texas 76116 ("Property"), acting by and through its duly authorized sole member. 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 storm drains (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.- CITY SEAR 7XRiY VE FT. WORTH,`�X RECEI -Easement Encroachment Agreement-Commercial `-n~-Page`fi-rrf f2 - -____ FEB 13 2020 Revised 12/2018 CITY OE EORTWOMH CHYSECRENY 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 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 Easement Encroachment Agreement-Commercial Page 3 of 12 Revised 12/2018 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 $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. 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 aOFT ALM FORT WORTH, LLC, a Texas limited liability company By: By: LM Logistics REIT, Randle Harwood, D ector a Texas real estate investment trust, Planning & D velop'ent� its sole me Date: Z �i �y me: Lange Allen Title: NManaaina director a---a --- Date: ATTEST: Approved As To Form and Legality OR A n1d, C y Secre r C?: Matthew A. Murray �z i. 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 r uirements. f Janie S. Morales j' Development Manager OFFICIAL RECORD CITY SECRETARY FT WORTH,TX Easement Encroachment Agreement-Commercial nage 7 of 12 Revised 12/2018 I I MKII N arel' 1 ' 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 e 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 k3 day of 20' 7 . TIA" bu�< ``,`�`p�,pYpv�i�� LAURIE PEOUENO LEWIS Nota ry Public in an for the State of Texas :Notary Public,state of Texas iq* Comm. Expires 12-10-2023 Notary ID 132278952 After recording return to: Planning & Development Development Coordination Office 200 Texas Street 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 TARRANT § _�,!/y`BEFORE ME, the undersigned authority, a Notary Public in and for the State of /,�—, on this day personally appeared Lange Allen, Managing Director of LM Logistics REIT, a Texas real estate investment trust, the sole member of ALM Fort Worth, LLC, a Texas limited liability corporation 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 ALM Fort Worth, LLC, a limited liability company, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this LQ`�( day of�P rwtl . y 20 A0 . SHERRI A TAYLOR Notary Public in and for the Notary ID#5212156 My Commission Expires State of '��an+'' June 1, 2020 OFFICIAL RECORD CITE"SECRETARY FT. WORTH,TX Easement Encroachment Agreement-Commercial Page 9 of 12 Revised 12/2018 EXHIBIT A Map of Easement and Encroachment Easement Encroachment Agreement-Commercial Page 10 of 12 Revised 12/2018 N o ��o W E ED w S w 30 J w Q Q � U Q w w w Z < Q J O I" CAMP BOWIE BLVD rn 0 N o PROJECT > LOCATION 0 Z CHAPIN RD 00 a� 3 820 0 I w 0 U I r VICINITY MAP NTS t V v o DIL)PIA-9- p V C W C E LOCATED IN Iv cn CITY OF FORT WORTH, TEXAS / MAPSCO NO. : 720 L N COUNCIL DISTRICT: 3 C O d PREPARED FOR: PREPARED BY: rn S SEEFR I ED GOODWIN INDUSTRIAL PROPERTIES MARSHALL= 3030 LBj FREEWAY,SUITE 1650 CIVIL ENGINEERS—PLANNERS--SURVEYORS r DALLAS,TX 75234 214-393-6063 24 Mueteep DMe,Grepe ,T-6 7W51 CID CONTACT:SEAN SHEPPARD Ie17I32e-437a NOVEMBER, 2019 Lv DDA9 -ENCROACHMENT No. I ENCROACHMENT OVERVIEW { - 18"R.C.P. If -- F ��} GRAPHIC SCALE 1"=100' EXISTING 8" 0 100 20o soo SAhtTARY SEWER FD rn 1 ENCROACHMENT No. 2 o } 42"R.C.P. N O N O Z - U 11-20-19 v �� E OFT w .* ......................:*. - ir RYAN A. SPEARS o ....123362... : w cn co 10 FS O /ONAL EXPIRES 3/31/20 E Q . m r II c� 10 a PREPARED BY: O u X w GOODWIN �- w MARSHALL= '1 2405 Musaeg Orl a Grepev e,Texa•7£.051 (/1 IBIl�3zg-a3]3 v EXISTING 8" SANITARY SEWER t LEGEND U 1-1 W WATER LINE I ENCROACHMENT Nei. 3 v �S� SEWER LINE f� I 33"R.C.P. CL / ,.. SANITARY SEWER M.H. F_ PROPOSED' 0 — — — — — — — 15'SEWER EASEMENT I b"SANITARY I STORM DRAIN INLET/ I SEWER STORM DRAIN J 00 o SHEET 1 OF 4 I I I I I I 64'(FORMERL Y SAN JACINTO DRIVE) VACATED BY CITY ORD. #22342-08-20 7 6 I I I I I I LOT 3B, BLK. I 0 20 MARCO ADDITION CAB.A, SL. 6674 SCALE IN FEET P.R.T.C.T. 1�0- 1 �j 1� P 01 5/8"C.I.R.F. 'TNP" J _ POINT OF N"' �S 89°30'48"E 509.92' BEGINNING; POINT OF .•S bao3'I COMMENCING N 61°02'21" E S 28057'39" E 518"C.LR.F. 'TNP" 15.00, 3.00' N 28057'39" W S 61 002'21" W 3.00' 15.00, REMAINDER OF CALLED 7I.I03 ACRES HA VENER RUPERT LIMITED PARTNERSHIP ENCROACHMENT VOL. 74050, PG. 249 AGREEMENT NO.1 D.R.T.C.T. 15SQ. FT./0.001 AC m 3 a BEARINGS ARE REFERENCED TO i TEXAS STATE PLANE COORDINATE z Uj SYSTEM,NORTH CENTRAL ZONE (4202),NORTH AMERICAN U DATUM OF 1983 AS DERIVED Q 0 EXHIBIT "A" MAP SHOWING FROM GPS OBSERVATION. w Z ENCROACHMENT AGREEMENT NO. 1, SITUATED IN A PORTION OF THE w JOHN BURSEY SURVEY, ABSTRACT NO. 128 N CITY OF FORT WORTH, TARRANT COUNTY, TEXAS E \S T ®®DWIN a Job No.: 10847 Scale: 1"=20' Sheet y.��o '�Foa 0 ����� �� Z Drafted: L.J.C. Checked: J.N.R. JOHN N.ROPERS 0 6372 Q CIVIL ENGINEERS—PLANNERS—SURVEYORS Surveyed on the Ground: 9/5/2019 Ot Q0FESS\o?P. C) 2405 Mustang Drive,Grapevine,Texas 76051 Date Prepared: 1 1/18/2019 q�O SURV C. (817)329-4373 ., TBPE REGISTRATION#F-2944 2 di TBPLS#10021700 Revised: Revised: Date Signed: 11/19/2019 DDA9 12-77-79 ENCROACHMENT NO. 1 �P'(E, •T 4f * • •s R RYAN A.SPEARS s .. ..•• GRAPHIC SCALE 1"=40' ••123362• • 0 40 80 120 FSS/Q...�(� PREPARED BY: EXPIRES 3/31/20 GOODWIN< F— M ARSHALL= I CUM EXISTIN 8" M EHGWEt RS—PLANNERS—SURVEYORS + SANITARY SE MW G:ap--vI-Tw•1M, D.O.E. 3680; I X-12663 LEGEND —W— WATER LINE 18"R.C.P. N —S SEWER LINE rn � SANITARY SEWER M.H. c0v — — — — — — — 15'SEWER EASEMENT c0v STORM DRAIN INLET/ L — EXISTING 15' STORM DRAIN +- SANITARY$ WER z ENCROACHMENT I I EASEME T BOUNDARY 3 PROFILE SCALE N Horizontal Scale: 1"=40' 0 a Vertical Scale: 1"=4' uj u x r � w I I � w 0 745 + + 745 E EXISTING GROUND @ LL o CENTERLINE OF PIPE w` PROPOSED GROUND @ _ 740 CENTERLINE OF PIPE + 740 E j N y � I v 735 18-P-C.P.+ 735 S + � I I I �00 X.91 w 730 S.S. I 730 SHEET 2 OF 4 I I I I 64'(FORMERLYSAN JACINTO DRIVE) LOT 3B, BLK. 7 VACATED BY CITY ORD. #22342-08-20 7 6 MARCO ADDITION CAB. A, SL. 6674 P.R.T.C.T. I I 0 20 SCALE IN FEET 1' Ss' S 89030'48"E 509.92' Ar 10 POINT OF 518"C.1.R.F. 'TNP" COMMENCING CO 518"C.1.R.F. 'TNPco CO POINT OF o REMAINDER OF CALLED 77.703 ACRES o ' HAVENER RUPERT LIMITED PARTNERSHIP BEGINNING VOL. 74050, PG. 249 D.R.T.C.T. N 58013'54" E N 28°57'39" W S 28057'39" E 15.02' 7.01' S 58013'54" W 7.01' 15.02' ENCROACHMENT AGREEMENT NO. 2 04 105SQ. 1,Y:/0.002,1C. BEARINGS ARE REFERENCED TO TEXAS STATE PLANE COORDINATE z w SYSTEM,NORTH CENTRAL ZONE 2 (4202),NORTH AMERICAN U DATUM OF 1983 AS DERIVED Q 0 EXHIBIT"A" MAP SHOWING FROM GPS OBSERVATION. � Z ENCROACHMENT AGREEMENT NO. 2, SITUATED IN A PORTION OF THE w JOHN BURSEY SURVEY, ABSTRACT NO. 128 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS ®®DWIN< Job No.: 10847 Scale: 1"=20' Sheet y���G\ RFo s 0 � ����� Z Drafted: L.J.C. Checked: J.N.R. JOHN N.ROPERS ...................... -0 6372 ., Q CIVIL ENGINEERS-PLANNERS-SURVEYORS Surveyed on the Ground: 9/5/2019 ?oFFSS�o�P o of 2405 Mustang Drive,Grapevine,Texas 76051 Date Prepared: 1 1/18/2019 SURV co (817)329-4373 2 TBPE REGISTRATION#F-2844 2 TBPLS#10021700 Revised: Revised: Date Signed: 11/19/2019 DDA9 F 72-77-79 E O . ENCROACHMENT NO. 2 • ,�q,'(•"" �9s 47 .. ...... .. ... .. .. F ............A.SPEARS s123362 o- GRAPHIC SCALE 1"=40' •••• ``j 0 40 80 120 FS'S/ L E PREPARED BY: EXPIRES 3/31/20 OOI�W III a y I I EXISTING 8" FI ARSHALL= I SANITARY SEWER_ CIVIL ENGINEERS-PLAN14ERS-SURVEYORS D.O.E. 3680; UN Lkwf"Ww,6-•V•Ww T• 760-5: }-�- ----- ---- L-11742 X--1-2663.. I -- - Sto. 23+94.03 Esc. 8"S.S. LEGEND I _ 4'X 3'R.C.B_- M W— WATER LINE —S SEWER LINE rn SANITARY SEWER M.H. I f N - — — — — — - 15 SEWER EASEMENT I EXISTING-15'-- _- t- _r STORM DRAIN INLET/ I I SANITARY SEWER STORM DRAIN — I I EASEMENT ENCROACHMENT 0 N BOUNDARY H PROFILE SCALE Horizontal Scale: 1"=40' 0 I Vertical Scale: 1"=4' w I I w a Co740 z � w I I z � w 740 wzLu I wZw E EXISTING GROUND @ o CENTERLINE OF PIPE PROPOSED GROUND @ c 735 CENTERLINE OF PIPE , 735 a� E N i I I 4'X 3'R.C.B. t En 730 CONTRACTOR TO / 0.51 INSTALL 20"SPLIT STEEL 730 a PROTECT EXISTING EX. '' I CASING PIPE PER 33 05 < SEWER LINE AT ALL TIMES DURING S.S. 124-D203. CASING PIPE SHALL CONSTRUCTION EXTEND 5 OUTSIDE STORM DRAIN EACH SIDE. FILL ANNULAR SPACE WITH 00 w725 I I PLOWABLE FILL OR GROUT. 725 SHEET 3 OF 4 I I 64'(FORMERL Y SAN JACINTO DRIVE) I VA CA TED B Y CITY ORD. #22342-08-20 7 6 I LOT3B, BLK. I MARCO ADDITION CAB.A, SL. 6674 P.R.T.C.T. I I I I I I 51811C.LR.F. 'TNP" S 89030'48"E 509.92' REMAINDER OF CALLED 77.703 ACRES LOT 3A, BLK. 1 HAVENER RUPERT LIMITED PARTNERSHIP ? MARCO ADDITION POINT OF 5507 VOL. 74050, PG. 249 COMMENCING CAB. R.T.. .C.T P.R. T. . D.R.T.C.T. N 5/8"C.I.R.F. 'TNP" o• ') 00 1�RO m V 5�� 5 POINT OF 13�� �O' BEGINNING 00 5T 1 N 70°00'00" E S 28057'39" E 15.19, 5.57' N 28057'39" W 0 20 5.57' S 70000'00" W SCALE IN FEET 15.19, ENCROACHMENT 3 AGREEMENT NO. 3 84 SQ. PT./0.002AC. BEARINGS ARE REFERENCED TO TEXAS STATE PLANE COORDINATE z SYSTEM,NORTH CENTRAL ZONE � (4202),NORTH AMERICAN u DATUM OF 1983 AS DERIVED Q 0 EXHIBIT"A11 MAP SHOWING FROM GPS OBSERVATION. u Z ENCROACHMENT AGREEMENT NO. 3, SITUATED IN A PORTION OF THE w JOHN BURSEY SURVEY, ABSTRACT NO. 128 N Q CITY OF FORT WORTH, TARRANT COUNTY, TEXAS sTF o G OODWIN Q .lob No.: 10847 Scale: 1"=20' Sheet o A1���A� OK L.J.0 Checked: J.N.R. JOHN N.ROPERS -0 6372 ., Q CIVIL ENGINEERS-PLANNERS--SURVEYORS Surveyed on the Ground: 9/5/2019 of FSs\o�? o . . 2405 Mustang Drive,Grapevine,Texas 76051 Date Prepared: 1 1/18/2019 sUl; 00 (817)329-4373 j TEIPE REGISTRATION#F-2944 LU TBPLS#10021700 Revised: Revised: Date Signed: 11/19/2019 DDA.9 12-77-79 ENCROACHMENT NO. 3 0F'r S F ••• RYA A.SPEARS s •• GRAPHIC SCALE 1"=40' -�: •�123362 • 0 40 80 120 FSS/...... PREPARED BY: EXPIRES3/31/20 GOODWIN< EXISTING 1S ... SANITARY EM ARSHALL= QaL E:� PLANNERS-s„RVN RS 3N16`'::on DrIWCa,-Wm, EASE EN T P>�..� i EXIST1%SEER SANITARY y`~LEGEND I I cn I D.O.E. 3680; co I I L-11742 X-12663 W WATER LINE I Sto. 19+07.61 Ex. 8"S.S. �S— SEWER LINE rn SANITARY SEWER M.H. I 33"R.C.P. N - — — — — — - 15'SEWER EASEMENT l r STORM DRAIN INLET/ \ STORM DRAIN i SNk U p ENCROACHMENT / y BOUNDARY / 3 PROFILE SCALE W W Horizontal Scale: 1"=40' `_� 3 Z I I `a aVertical Scale: V=4' O � w I I O w Z � W W a � Q Q I I � Q Q 0 735 W < W I I W < W 735 PROPOSED GROUND @ E CENTERLINE OF PIPE U o EXISTING GROUND @ i CENTERLINE OF PIPE 730 , 730 27"R.C.P. A'R.CIP. w I I rn 0.5 t INSTALL 20"SPLIT STEEL N EX. 8I' CASING PIPE PER 33 05 0 725 S.S.I 124-D203. CASING PIPE SHALL 725 i NOTE: I I EXTEND 5`OUTSIDE STORM o CONTRACTOR TO DRAIN EACH SIDE. FILL o PROTECT EXISTING I I SEWER LINE AT ALL ANNULAR SPACE WITH TIMES DURING I I FLOWABLE FILL OR GROUT. r- CONSTRUCTION Co .7- 1 720 1 720 SHEET 4 OF 4 GOODWIN? CIVIL ENGINEERS - PLANNERS - SURVEYORS MARSHALL EXHIBIT "A" LEGAL DESCRIPTION FOR ENCROACHMENT AGREEMENT NO. 1 All that certain lot, tract, or parcel of land, situated in a portion of the John Bursey Survey, Abstract No. 128, City of Fort Worth, Tarrant County, Texas, being part of that certain remainder of called 71 .103 acre tract described in a deed to Havener Rupert Limited Partnership recorded in Volume 14050, Page 249 of the Deed Records of Tarrant County, Texas (DRTCT), and being more completely described as follows, to-wit: COMMENCING at a 5/8" capped iron rod found stamped "TNP" for the Southwest corner of formerly San Jacinto Drive now vacated by City of Fort Worth Ordinance No. 22342-08-2016, said right-of-way is shown in the Final Plat of Lot 3B, Block 1 of Marco Addition recorded in Cabinet A, Slide 6614 of the Plat Records of Tarrant County, Texas (PRTCT), from which a 5/8" capped iron rod found stamped "TNP" for the Southeast corner of said Lot 3B, Block 1 bears South 89 deg. 30 min. 48 sec. East - 509.92 feet; THENCE South 68 deg. 37 min. 16 sec. West departing said lines and continue through said 71 .103 acre tract, a distance of 243.81 feet to the TRUE POINT OF BEGINNING; THENCE South 28 deg. 57 min. 39 sec. East, a distance of 3.00 feet; THENCE South 61 deg. 02 min. 21 sec. West, a distance of 15.00 feet; THENCE North 28 deg. 57 min. 39 sec. West, a distance of 3.00 feet; THENCE North 61 deg. 02 min. 21 sec. East, a distance of 15.00 feet to the POINT OF BEGINNING, containing 45 square feet or 0.001 acres of land, more or less. Bearings are referenced to Texas State Plane Coordinate System, North Central Zone (4202), North American Datum of 1983 as derived from GPS observation. Exhibit map attached and made a part hereof. TEF'ry JOHN N.ROGERS •.`0 6372 P, PO, 'oFSslo.Q tyHo slmv�o E:\10847-DDA9\LOGO\GM EASEMENTS\ENCROACHMENT\EA 1.dwg 11/19/2019 Shs(4 I aA 2 TEXAS •2405 Mustang Drive •Grapevine,TX 76051 •817.329.4373 •TBPIS #10021700 TENNESSEE•6074 Apple Tree Drive •Memphis,TN 38115 •901.881.9188 ARIZONA•2705 South Alma School Road,Suite 2 •Chandler,AZ 85286 •602.218.7285 COLORADO •8400 E. Prentice Ave. •Greenwood Village,CO 80111 •303.459.4861 GOODWIN a CIVIL ENGINEERS - PLANNERS - SURVEYORS M.ARSHALL EXHIBIT "A" LEGAL DESCRIPTION FOR ENCROACHMENT AGREEMENT NO. 2 All that certain lot, tract, or parcel of land, situated in a portion of the John Bursey Survey, Abstract No. 128, City of Fort Worth, Tarrant County, Texas, being part of that certain remainder of called 71 .103 acre tract described in a deed to Havener Rupert Limited Partnership recorded in Volume 14050, Page 249 of the Deed Records of Tarrant County, Texas (DRTCT), and being more completely described as follows, to-wit: COMMENCING at a 5/8" capped iron rod found stamped 'TNP" for the Southwest corner of formerly San Jacinto Drive now vacated by City of Fort Worth Ordinance No. 22342-08-2016, said right-of-way is shown in the Final Plat of Lot 3B, Block 1 of Marco Addition recorded in Cabinet A, Slide 6614 of the Plat Records of Tarrant County, Texas (PRTCT), from which a 5/8" capped iron rod found stamped "TNP" for the Southeast corner of said Lot 3B, Block 1 bears South 89 deg. 30 min. 48 sec. East - 509.92 feet; THENCE South 09 deg. 32 min. 51 sec. West departing said lines and continue through said 71 .103 acre tract, a distance of 388.16 feet to the TRUE POINT OF BEGINNING; THENCE South 28 deg. 57 min. 39 sec. East, a distance of 7.01 feet; THENCE South 58 deg. 13 min. 54 sec. West, a distance of 15.02 feet; THENCE North 28 deg. 57 min. 39 sec. West, a distance of 7.01 feet; THENCE North 58 deg. 13 min. 54 sec. East, a distance of 15.02 feet to the POINT OF BEGINNING, containing 105 square feet or 0.002 acres of land, more or less. Bearings are referenced to Texas State Plane Coordinate System, North Central Zone (4202), North American Datum of 1983 as derived from GPS observation. Exhibit map attached and made a part hereof. P�E F F-I' JOHN N.ROGERS .........6372 ..v: .. Op OAP.' ESS1 `94/0 SURVC( E:\10847-DDA9\COGO\GM EASEMENTS\ENCROACHMENT\EA2.dwg 11/19/2019 TEXAS •2405 Mustang Drive •Grapevine,TX 16051 •811.329.4373 •TBPLS #10021100 TENNESSEE•6074 Apple Tree Drive •Memphis,TN 38115 •901.881.9188 ARIZONA•2705 South Alma School Road,Suite 2 •Chandler,AZ 85286 •602.218.7285 COLORADO •8400 E. Prentice Ave. •Greenwood Village, C0 80111 •303.459.4861 GOODWIN a CIVIL ENGINEERS - PLANNERS - SURVEYORS EXHIBIT "A" LEGAL DESCRIPTION FOR ENCROACHMENT AGREEMENT NO. 3 All that certain lot, tract, or parcel of land, situated in a portion of the John Bursey Survey, Abstract No. 128, City of Fort Worth, Tarrant County, Texas, being part of that certain remainder of called 71 .103 acre tract described in a deed to Havener Rupert Limited Partnership recorded in Volume 14050, Page 249 of the Deed Records of Tarrant County, Texas (DRTCT), and being more completely described as follows, to-wit: COMMENCING at a 5/8" capped iron rod found stamped "TNP" for the Southwest corner of formerly San Jacinto Drive now vacated by City of Fort Worth Ordinance No. 22342-08-2016, said right-of-way is shown in the Final Plat of Lot 3B, Block 1 of Marco Addition recorded in Cabinet A, Slide 6614 of the Plat Records of Tarrant County, Texas (PRTCT), from which a 5/8" capped iron rod found stamped "TNP" for the Southeast corner of said Lot 3B, Block 1 bears South 89 deg. 30 min. 48 sec. East - 509.92 feet; THENCE South 12 deg. 00 min. 38 sec. East departing said lines and continue through said 71 .103 acre tract, a distance of 828.96 feet to the TRUE POINT OF BEGINNING; THENCE South 28 deg. 57 min. 39 sec. East, a distance of 5.57 feet; THENCE South 70 deg. 00 min. 00 sec. West, a distance of 15.19 feet; THENCE North 28 deg. 57 min. 39 sec. West, a distance of 5.57 feet; THENCE North 70 deg. 00 min. 00 sec. East, a distance of 15.19 feet to the POINT OF BEGINNING, containing 84 square feet or 0.002 acres of land, more or less. Bearings are referenced to Texas State Plane Coordinate System, North Central Zone (4202), North American Datum of 1983 as derived from GPS observation. Exhibit map attached and made a part hereof. pje • y� �STE' '4 o• JOHN N.ROGERS .,op• 6372 P: lyHo stmv 0� E:\10847-DDA9\COGO\GM EASEMENTS\ENCROACHMENT\EA3.dwg 21119h019 3Vue u ©u 2 TEXAS • 2405 Mustang Drive •Grapevine,TX 76051 •817.329.4373 •TBPLS #10021700 TENNESSEE•6074 Apple Tree Drive •Memphis,TN 38115 •901.881.9188 ARIZONA•2705 South Alma School Road,Suite 2 •Chandler,AZ 85286 •602.218.7285 COLORADO •8400 E. Prentice Ave. •Greenwood Village,CO 80111 •303.459.4861 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 Lot 3,Block 3,MARCO ADDITION, an Addition to the City of Fort Worth, Tarrant County, Texas, according to plat filed for record under Clerk's File No. D220007205, Deed Records of Tarrant County,Texas. Easement Encroachment Agreement-Commercial Page 12 of 12 Revised 12/2018