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HomeMy WebLinkAboutContract 53589 CGCv,&D CITY SECRETARY CONTRACT NO. 9 ' EASEMENT ENCROACHMENT LICENSE AGREEMENT Commercial a 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, with its principal address at 200 Texas Street, Fort Worth, Texas 76102, and CARGILL MEAT SOLUTIONS CORPORATION, a Delaware corporation, with its principal address at 825 E. Douglas Avenue, Wichita, Kansas 67202-1413 ("Licensee"), owner of the real property located at 1301 NORTH PARK DRIVE, Fort Worth, Texas 76102 ("Property"), acting by and through its duly authorized Vice President. RECITALS WHEREAS, Licensee is the owner of certain real property situated in the City of Fort Worth, Tarrant County, Texas, more particularly described in the attached Legal Description of the Property, attached as "Exhibit B" and incorporated herein for all purposes; and WHEREAS, the City has an utility easement, currently used for sanitary sewer purposes, which easement was created by that certain plat recorded in Volume 388-124, Page 77, Plat Records, Tarrant County, Texas (the"Utility Easement") in the Property as shown five (5) feet in width (the "Utility Easement Area") 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 Utility Easement in the areas of encroachment specifically described by legal description and shown by drawing with respect to a flume on attached "Exhibit C" and with respect to a stairway on attached "Exhibit D" (together, Exhibits C and D describe the "Area of Encroachments"); 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 Utility Easement as described in and at the to a ions own OFFICIAL RECORD CITY SECRETARY Easement Encroachment Agreement-Commercial Re i d*ft agH,TX on Exhibit A, but only to the extent shown thereon, for the purpose of installing a concrete drainage flume and concrete stairs (the "Encroachments"). Upon completion of the Encroachments, Licensee agrees to be responsible for maintaining the Encroachments within the Easement. Licensee shall not expand or otherwise cause the Encroachments to further infringe in or on City's Utility Easement Area beyond what is specifically described in the exhibit(s) attached hereto. 2. All construction, maintenance, or operation in connection with such Encroachments, 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 Encroachments, Licensee shall submit all plans and specifications to the applicable Director or duly authorized representative. Licensee shall not commence construction of the Encroachments 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 unreasonably or materially affected by such Encroachments, 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 Encroachments and use, Licensee shall pay to the City an additional amount equal to such additional cost as reasonably determined and substantiated 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. In the installation, repair, replacement or maintenance of its public facilities, the City will apply appropriate construction methods and make all reasonable efforts to minimize any damage or disruption or other adverse consequences to the Encroachments installed by Licensee. Easement Encroachment Agreement-Commercial Page 2 of 15 Revised 12/2018 5. Upon termination of this Agreement, Licensee shall, at the option of and at no expense to the City, remove the Encroachments and restore the Utility Easement Area 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 Encroachments as directed and restore the Utility Easement Area, Licensee hereby gives the City permission to remove the Encroachments 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 initial term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by the City, and upon such thirty-year initial term expiration, the term shall automatically renew thereafter, each year, on a one-year basis until either parry, on sixty (60) days' advance written notice to the other party, elects to terminate this Agreement. Such notice shall be provided to the other party's address as recited in the preamble paragraph of this Agreement, unless notice of a change in such address has been communicated to the other party. 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 Utility Easement to be used and encroached upon is held by City as trustee for the public; that City exercises such powers over the Utility 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 Utility 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 Easement Encroachment Agreement-Commercial Page 3 of 15 Revised 12/2018 permit the Utility Easement Area to be used for any other public purpose that does not preclude the use of the Encroachments 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 Encroachments and the public purpose. Except as provided by this Agreement, any expense associated with such additional public usage shall not be borne by Licensee. 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 ENCROACHMENTS AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS OF LICENSEE. 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 commercial general liability insurance covering bodily injury and property damage 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 has been Easement Encroachment Agreement-Commercial Page 4 of 15 Revised 12/2018 delivered to the City by Licensee and is incorporated herein for all purposes. Licensee agrees to submit a similar Certificate of Insurance annually upon renewal of such policy. Licensee agrees, binds, and obligates itself and its successors and assigns to maintain and keep in force such commercial general liability insurance at all times during the term of this Agreement and until the removal of the Encroachments and the cleaning and restoration of the Easement. Any contractor or subcontractor of the Licensee shall be required to maintain at least $1,000,000 of commercial general liability insurance. 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 Encroachments 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 Encroachments over or within the Utility Easement Area 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 Easement Encroachment Agreement-Commercial Page 5 of 15 Revised 12/2018 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 in which the City is the prevailing party, 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 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 originally or electronically (including by e- signature software) in multiple counterparts, each of which shall be considered an original,but together all of which shall constitute one and the same instrument. #15619611—2.10.20 Easement Encroachment Agreement-Commercial Page 6 of 15 Revised 12/2018 City: Licensee: CITY OF FORT WORTH CARGILL MEAT SOLUTIONS CORPORATION B B y. y. lid, D.J. Harrell, Director Name: dy K. Carlgren, Development Services Title: Vice President, Financial Planning and Analysis Date: 2 - a Date: lblo ATTEST: Approved As To Form and Legality C� City Sec ` C 3 :-d =I Matthew A. Murray 3 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 4and reporting requirements. Janie S. Morales Development Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX Easement Encroachment Agreement-Commercial Page 7 of 15 Revised 12/2018 1 ' • 1 ' 1 1 ' 1 ' 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 D.J. Harrell, 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 Z day of ctc,�,, , 20Zo . Notary Public in and for the State of Texas LAURIE PEOUENO LEWIS Y.PUB�i Notary Public,State of Texas ' Pc Comm. Expires 12-10-2023 After recording return to: %;of�;o� n ++ Notary ID 132278952 Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 r CIAL RECORD S SECRETARY THTXVOR , Easement Encroachment Agreement-Commercial Page 8 of 12 Revised 1/2020 STATE OF KANSAS § COUNTY OF SEDGWICK § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Kansas, on this day personally appeared Randy K. Carlgren, Vice President, Financial Planning and Analysis (Title), of Cargill Meat Solutions Corporation, a Delaware 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 Cargill Meat Solutions Corporation, a Delaware corporation (entity type), and in the capacity therein stated. © GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of i'�•�Y�lAr✓� , 2020. DAISY ZAVA Q„p✓� ��gpt,f J Notary Public-State off Kansas MyAppt,Expires (P ZdZ.a Notary Public in and for the State of Kansas 0�� 1AL CITY SECRETARY FT. WORTH,TM Easement Encroachment Agreement-Commercial Page 9 of 15 Revised 12/2018 EXHIBIT A Map of Utility Easement and Encroachments GLAPMc SCAT it(FT.) N.. t } `rumor y FVIEA=FMM n • .,t, „u.�; „ istswuc[Anc (i1: r.rt rr \ Km w jMltt MVg PIL vE.oH �•,.• • arfa� asxoLcr1DK wx wea Q � imiciw.D�e di PBLRPWOi6 w�.av'N ��� 1NYA1! N,�y,9 It — y cAumat �MM Ywap.H.wctow L lepw. �ISMa OVERALL ENCROACHMENT EXHIBIT DATE: 01791 Easement Encroachment Agreement-Commercial Page 10 of 15 Revised 12/2018 EXHIBIT B Legal Description of the Property Lot 9-RB,NORTHPARK BUSINESS CENTER, an Addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat thereof recorded in Volume 388-124, Page 77 of the Plat Records of Tarrant County, Texas. Easement Encroachment Agreement-Commercial Page 11 of 15 Revised 12/2018 EXHIBIT C Legal Description and Map of Area of Encroachment by Flume (Page 1 of 2) 30squareFe etaOAnAce North Park eusinew CenW aw of Fart tAforth.Tarrant County Teas WNG a tract of land situated in the Fefak K%Mdn Suvey,Phatract W 1045 Ciy of Fart Mlorty Tarant Cotenq,Tbak being a portion of t*9-nk North part tusirim center,an addition to the City of Fart Mrortti Tarrant CournyJaw as shown on pfat recorded In Volume 3W124,Rape 77,Plat keaonkjarrant cowel,Tom(PUM and bft mors particularly described by.. and bouMs as fulaws(eearinp rafeenced to U.&State Plane and 19D-Tom North Central Zone(4=)NAD93 as estsbkhed utingthe AInM RT UM Cooperative Network Bekrencefiame a K4083(=1)Epoch 2a DMW Owt aces shown are US-Shavey Feet da}hiaryed In surface vh kmr CDa swemaw at a fixed 34 deco tan rod for the sme hanst conwrd tot Par,North Part[rumness Career,an addition to the City of Fart Wort%Tarrant cower,Tom as shorn on plot recorded in vab no 3ii-129,Pepe 14 PRrtf,same be ftthe southwest corner of the remaiwderd lot 1,Block q,HolwAwV Additim an adhN' tothe City d Fart Mlbrtl Tarrant Cmly,Tondos as shown on plat recorded in volume 1531%Pape 373,PKTM,, THENCE North aB'a'ar was[,u tk the common ire between sold tot 9-W and said remainder of Lot 1,Bbdk A,passehg at a distardQ of 4&n leatthe wardeast comer d Said tot Wac,farta h ft the southwest coma of the aforwld tat 9-ABF and now corhoming vhith the common bw between said tat oft and said nmainder of tat 1,Bbdk I;ih aB 1br a coral t�noe d�92 feet to the POaitrCF B6s�tG dthe hereon tract dasr�ek� THENCE departingthe said common kw and orer and auasf sad tat O.M theiewlowng course and dotwmw South 764XfW Wass,a d5tmce d3.02 fire[to a point; North 0B'WW was%a distant of&W fleet to a point; Worth 7t7tUa W East,a duwm of SAZ fleet to a point being in the aforeewdnioned eouuwon be; Tnewr south afteir Eef;wish the said counaon kw,a d OF&W fiwhtm the PUBW CF RBwle ae+i aWrAM 30 Squat Iaet and/or DAoi noes more or lea. OF / JOHN G.MARGOTTA ..f............... +. .0 5956 t,, 1 n G.MaitcFa �9 4fEs5h� � Mate of Tex3 Red stetc Frafesicm al and Surtiryar S'�SU l2y t rJU NM 5956 Dote_Jwwnry 9,2Mo 8 mmB Novi""coed ha+rtmr�g I=ha"M ftm daft=Fen WM Tu-rite M�re�tammme�•H).a]atnr•lhshaoom T6PE F'e�mrm•7aR8 f7W rt100HIaG Easement Encroachment Agreement-Commercial Page 12 of 15 Revised 12/2018 EXHIBIT C - continued Legal Description and Map of Area of Encroachment by Flume (Page 2 of 2) REMAINDER OF 30Squwe Feet or0ONAcre LOT 5. BLOCK A North Part ausimm Center HOLLOWAY ADDITION City at Fort Worft Tarrant County.T®s VOL. 1530, PG. 373 PRHCT REMAINDER OF LOT 4. BLOCK A r -"1 HOLLOWAY ADDIMON VOL. 1530, PG, 373 PRIICT PROPoslr 1.= POMIM Lar Line table lirr Y Qiraman LAnOh 0.001 Ac —Li swwww Sm q l2 Ntr4i'129Af 6.00 4a Sg'4 UlE I G,64 it G-, ` 4pr +[i i —G�dTarrat,ilaodO�tTTms (5,,rr++�� � Port~..-.�rrae�r�,s �►" Poc.-....1aw a tnmdatndr� � PRIiCI.,....lat Raoordr.Tar►anl Cararttl,Ta+ws -.s • �u'1 REMAINDER OF LOT 9-RC w $ LOT 1, BLOCK A NORTH PARK i HOLLOWAY ADDITION BUSINESS CENTER 1r VOL 1530, PG. 373 PRHCT VOL_ 388-129, PG. 18 y PRHCT IRF Moms: Bass of 6Wring bsling y3.Stara PlanO"- SURVEYORS awwrcAnou Terns Noft Cenral ione(4202)NAO83 as QSU!1h;h41%Ming rov A11Tprra MNot L John i,Matson%a Rmmktvrvd►rokWanal Land Swvwm kwwd In tlw SWA of Tam do Cooperative Netwok Reference frarve is hereby dedvre tlfat sAs wng is eve and comet and wee prepared Mom an araN aurvey made NACESt10111 Epoch 2010.*MM 04tarxes under MY su WOM on tlw Oowid- WrOW,this wrMr oorr►orntc w taw gvawai rums Of ehm"are US.Survey feet d itplayed in AR. surfaca value. /tf_OF tkc GIs cf LAa10.NAWIO"&MOW! JOHN G.fAARGOTfA anpiwanriq arrd i m ..e...i.H.M.M. 03M U40M Fl000,suma7m Fop waft 7x 76115 ,atc of Tacac M.gistareC ProfcrwonW Land Swvvyor r�%1,4�ES5 ,�4¢ prrraav®larurrm..rn.r3srta7.enercmm FOLSNo W% 5URV TSrE Fly aM.T8P18 Fi1N e•10aN�a data:)inv�iy 9,7Q20 Easement Encroachment Agreement-Commercial Page 13 of 15 Revised 12/2018 EXHIBIT D Legal Deicription and Map of Area of Encroachment by Sidewalk (Page 1 of 2) 42 S*ma Feat a G=/ion. North Park eus:oss Camw City of Fort;Anon.Tarrant C ow ty,Terrors MNG a tract of land situated in the Ferm Mu9ikin Survey,Abstract Noy 1tt4S,City of Port Worth Tamara County,Team, being a portion of uht 94Ra,North Park ausiness canter,an ad S-- a the City d Port worth,Tarrant COway,Taos as shorn on phht recorded In volume SM124,Page 77,Plat Retards,Tarrant power,Taos(PWCT)and bear g more particul y described by mass and bards as fiolmw(aarirW rahow led to US Stma Plane Grid isle-Taws North Contra[Zone(4=)HAM as estabIshed Isingthe ANrnra 9710W Cooperative Network.Rderancc fracas a NADtt3(2011)Epoch 2GI0MW Distances shown are US Survey Feat displayed in srrfaQ udun . CGRUMBONM at a found Sf&4nch iron rod far the southeast corner of lot 94W,North Park ahsi mm Canon,an addition tD the City of Fort 1NGrt4 Tarrant Ctwhty,TMI a3 shown On phe neceeded II Vohane 3Rt-129,Pad!li,PRfcr,same bw gthe soufnvest oomer of tha ran aindarof tat 1,Block A.Holowar Adita%an addition oo the City of Fat wwtl, Tarrant cowhty,Taxis as shown on plat recorded in volume=09 Pale 373,PULr; THENCE North GS'4 it west,with the CDnnnah ins betwom said tot 9-Wand said remainder of tat%dock A,passing at a distance of 4&12 feat the northeast corner of said lot 944 ams bamgthe saLdwast corner of the aforesaid tat 941k and now conti i ft whth the cornrnon ins between said tat 9-Ra and said remainder of tot 1,clock A,in al for a total distant!of 16LE9 feat to the POKIr OF tl EWAI G of the henem tract ducribe4 THENCE departing the said common iw and mar and across said am WM the folowint courses and distances: South 7811a'2W west,a distance of sm fentt o a paint; North CE'44 W was;a distance of aM fleet to a point; North 7r A'Zlr'Set,a distance of 5.01 feet to a poet being in the afiottmeeionad etornon be; THENCE South a5*441ir East;with the said common iwk a distance or L35 be to the POW OF MEGMM and CMTAtfit1NB 42 Square Feat and/or GAD;acres come or fades 6OF IST i Y#aY#Y # Y#aa#Y Y n G.nrta of HN G.MARGOTTA •yY•YtrYaaaaaa�Ya4#+ of Texas Registered ProfessionA land Surveyor o §B58 RPLS No.5956 Osta:January 9.2MG SUR`7�{ E3 M B "MIX t'fnfa�m a iflcWN an"aww"ft aces a=wg$mw.a4erncoorevwaftTx-milli I..reaehh®Ihrhenaesa.•ansss,a�,snhrrmm Terra Fl�s«h•Tha+.a Paw s,00„soa Easement Encroachment Agreement-Commercial Page 14 of 15 Revised 12/2018 EXHIBIT D - continued Legal Description and Map of Area of Encroachment by Sidewalk (Page 2 of 2) six Sql feet ar 0 0M Aae North Hari•Busi ems Cam City of fart V*ortl4 Talrm*OKo*V,Times tmm tWf er-Vged Tam.$Road County,Togs IRF...._..._found SM Man Rod POI•,. ...Point Of eel"" 1 N POG...__.Paintof Taff" �� PI[IR.T..�.Plat Retards, arr" tt County,Texas OiLkrr Table liter Direction L=601 U S7fr11'20'W sae PFA Lz w4rirw In 2 SA.Ft 13 N78781t1E0.001 AC l4 SR"Ir f 1 REMAINDER OF LOT 1. BLOCK A HOLLOWAY ADD WN LM 9—ac 1 VOL 15M. PG. 373 NORTH PARK BUSINESS C PRFICi ENTER VOL. 388-129, PG. 16 � .z PR►ICt J IRF NOTES: Vass of hoaring haing U.S.State Plana bred- SURVEYOR'S CERNICATION Tesaa Nofth Cemral2one(4202)NA0g3 as QOUIWwd using tna Alrrorra VXNet 4 lohn 6,M-FP a fAagkared ft*estloml land SttrvW kensed logo State of Tor do Casper We Nettm&k Reference frame is hereof declare tlfd this whey is true and•.meet mtd taaa prepared from an amral saday made NA083(2011)Epoch 2010.0000.Distances tntder MY aupartfsion On the pound. furftr,this sure"auttottes to t)q gaeatral ruche of shown are US.Survey feet displayed in p ra"A rKa artd o 21-11 df Ute rpm•ante+tL haft�ilnM la�+e��+r"Y"R t•atekes fleet. surface values. �V-OF T� S' X. ..:? .. ..� iA1RDr HAJMIlI OM a!ROMIN f JOHN G.MARGOTTA a�rna arssy sad n G `e ..�.89..5958..... . 6300 ffdowa Rao+_S.Aw T00 Fcr0WyR4�7611E "atF of tot.K Rnntored Prah ulpryf Lind Surwror IrrYqG10WhVM.z4 •117.33LWY-thbM mm RPIS No.i"'A SURV TWE Pie•aM.TlIB k7LL1 if001tb0 DaW lammv 9,XW Easement Encroachment Agreement-Commercial Page 15 of 15 Revised 12/2018