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HomeMy WebLinkAboutContract 53630 CITY SECRETARY o CONTRACT NO. ( 3 y EASEMENT ENCROACHMENT LICENSE AGREEMENT Commercial v 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 Development Services Director, and CRP-GREP ELAN GOLDEN TRIANGLE OWNER, LP, a limited partnership ("Licensee"), owner of the real property located at 5601 and 5745 Golden Triangle Blvd, Fort Worth, Texas 76244 ("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 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 installation of private water lines, wastewater lines, and metal fencing (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. 2. CST' SECRE"-AM Easement Encroachment Agreement-Commercial Page 1 of 13 Revised 112020 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 13 Revised 1/2020 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 13 Revised 1/2020 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, 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. 11. Easement Encroachment Agreement-Commercial Page 4 of 13 Revised 1/2020 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. 17. Easement Encroachment Agreement-Commercial Page 5 of 13 Revised 1/2020 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] rFT. = CL' City: Y SECRETARY CITY OF FORT WORTH WORTH, 7X Easement Encroachment Agreement-Commercial Page 6 of 13 Revised 1/2020 City: CITY OF FORT WORTH By: D.J. Harrell, Interim Director Development Services Date: IVA y 2 v ATTEST: Approved As To Form and Legality ity Secretary Matthew Murray Assistant City Attorney Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of contract, including ensuring all performance d re rting requirements. Janie S. Morales Development Manager CITY 5ECRE`�AI FT Easement Encroachment Agreement-Commercial Page 7 of 13 Revised 1/2020 Licensee: CRP-GREP Elan Golden Triangle Owner, L.P. a Delaware limited partnership By: CRP-GREP Elan Golden Triangle GP, L.L.C. a Delaware limited liability company its general partner By: CRP-GREP Elan Golden Triangle, L.L.C. a Delaware limited liability company its sole member By: GS Elan Golden Triangle Holdings, LLC a Delaware limited liability company its authorized member By:_Name: Lance Lance anna Title: Vice President E IF WORTHCO40 ETARY TX Easement Encroachment Agreement-Commercial Page 8 of 13 Revised 1/2020 1 ' 1 1 '1 1 ' Lrronm I&IJK911101fty� 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�I l h day of , 20�. of ry Publi i and for t e State of Texas ,o�;aYPu JENNIFER LOUISE EZERNACK s , ?20 r :Notary Public, State of Texas y, + Comm.Expires 03-01-2024 ''��i Notary ID 130661630 After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 FT. WORTH, TX Easement Encroachment Agreement-Commercial Page 9 of 13 Revised 112020 STATE OF `rC— S § COUNTY OF bw-LA: § BEFORE ME, the undersigned authority, a Notary Public in and for the State of TC-\A S , on this day personally appeared Lance Hanna, Vice President of GS Elan Golden Triangle Holdings, LLC, a limited liability company, the authorized member of CRP-GREP Elan Golden Triangle, LLC, a limited liability company, the sole member of CRP-GREP Elan Golden Triangle GP, LLC, a limited liability company, the general partner of CRP-GREP Elan Golden Triangle Owner, LP, a limited partnership 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 CRP-GREP Elan Golden Triangle Owner, LP, a limited partnership, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of Ai-r 20 TINA MARIE CASE Notary ID#4801147 Notary Public in and for the s� My Commission Expires 'nor June 27, 2022 State of: OFFMAL RECORD CITY SECRETARY ET WORTK, 7X Easement Encroachment Agreement-Commercial Page 10 of 13 Revised 1/2020 EXHIBIT A Map of Easement and Encroachment Easement Encroachment Agreement-Commercial Page 11 of 13 Revised 1/2020 Exhibit A KELLER HICKS ROAD r� (A VARIABLE WIDTH RIGHT-OF-WAY) I I NORTH I 0 100 200 I I I I I � - 1 GRAPHIC SCALE IN FEET LOT 7, BLOCK 1 I KEY MAP GOLDEN TRIANGLE CROSSING ADDITION TRACT 1 DOC.NO. 0.1428 ACRES I O.P.R.T.C.T. 6,219 SQ. FT. .. :.. .. TRACT 2 0.0046 ACRES 100'TEXAS POWER& 200 SQ. FT. _ .. . LIGHT COMPANY EASEMENT VOL.6166,PG.59,D.R.T.C.T. 20'SANITARY SEWER EASEMENT ' VOL.14266,PG.161,D.R.T.C.T. TRACT 3 0.0092 ACRES I 400 SQ. FT. } I1 I` I II i TRACT 4 ( I I I 0.0074 ACRES -- - - - -- - - 323 SQ. FT. GOLDEN TRIANGLE BOULEVARD (A 120-FOOT RIGHT-OF-WAY) VOL.6639,PG.614 r — VOL.6639,PG,616 ENCROACHMENT AGREEMENT AREA J. BILLINGSLEY SURVEY, ABSTRACT NO. 70 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS NOTES: Bearing system based the Texas Coordinate Kimley))) Horn System of 1983, North Central Zone (4202), North American Datum Of 1983. 13455 Noel Road,Two Galleria Office Tel.No.(972)770.1300 Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239.3820 Background parking&drive isles, shown hereon are Scale Drawn by Checked by I Date I Project No. Sheet No. proposed and shown for informational purposes only. 1"=200' MSM DJD MAR.2020 1 067771659 15 OF 12 MATHERNE,MARK 3/2/2020 10'.37 AM K:\DAL SURVEY1067771659-GREYSTAR GOLDEN TRIANGLE\DWG\067771659-GREYSTAR GOLDEN TRIANGLE_ENCR AGREEMENTA-TRACTS.DWG N89°52'19"E I TRACT 5 I ROGER KENYON 52.28' I CHICO, LTD 2014 TRUST 1/2"IRF ` I DOC.NO. DOC.NO. D214070593 I (CM) D208221782 O.P.R.T.C.T. P.O.�. _ O.P.R.T.C.T. TRACTS 1,2,&3 I N "KHA" 28.00' N89°52'19"E P.C .B. wx m TRACT 1 N89055'02"E 20.00' I'll IRF GATE METAL FENCE 1/2"IRF TRACT 6 CHICO,LTD DOC.NO. D218221782 O.P.R.TIIC.T. N - 20'SANITARY SEWER EASEMENT NORTH VOL.14266,PG.161,D.R.T.C.T. 0�0 1 00'TEXAS POWER& 0 so rn LIGHT COMPANY EASEMENT al VOL.6166,PG.59,D.R.T.C.T. Z GRAPHIC SCALE�14FEET EX 18"SS LINE - METAL FENCE ALONG WEST EASEMENT LINE LOT 7, BLOCK 1 ` GOLDEN TRIANGLE o CROSSING ADDITION c i DOC.NO. TRACT 1 "' O.P.R.T.C.T. 0.1428 ACRES w 6,219 SQ. FT. P 1.0 80 0 a 0 0 Z U) 1/2"IRF (CM) N GATE AT BRICK COLUMN .. .._.. /.... SIDEWALK "8"PVC WATER - w� w I i w�;w „, w-w a.pVCWATER w w w .. w I m 24"HDPE STORM ` BRICK COLUMN �•• METAL FENCE ALONG w-w GATE n WEST EASEMENT LINE SECTION N S89°55'02"W ; 20.00' ENCROACHMENT .111111111121iAGREEMENT AREA NOTES: MATCH LINE (SEE SHEET 7) J. BILLINGSLEY SURVEY, Bearing system based on the Texas Coordinate System of 1983, ABSTRACT NO. 70 North Central Zone(4202),North American Datum of 1983. CITY OF FORT WORTH, Background parking, drive isles, water & storm pipes shown hereon are proposed and shown for informational purposes only. TARRANT COUNTY, TEXAS LEGEND Kimlpy* H o rnSS=SANITARY SEWER P.O.C.=POINT OF COMMENCING P.O.B.=POINT OF BEGINNINGRFC=IRON ROD W/CAP FOUND 13455 Noel Road,Two Galleria Tel.No.(972)770-1300 IRF=IRON ROD FOUND Tower,Suite 700,Dallas,Texas 75240 FIRM*101'15500 Fax No.(972)239-3820 0*R.T.C.T.=DEED RECORDS OF TARRANT COUNTY,TEXAS S�lele Drawn by Checked by Date Project No. Sheet No. 0 P.R.T.C.T.=OFFICIAL PUBLIC RECORDS,TARRANT COUNTY,TEXAS 1776 MSM OJD 1 MAR.2020 1 067771659 601`12 MATHERNE,MARK 3/2/2020 10:37 AM K:\DAL_SURVEY\067771659-GREYSTAR GOLDEN TRIANGLE\DWG\067771659-GREYSTAR GOLDEN TRIANGLE_ENCR AGREEMENT-4-TRACTS.DWG MATCH LINE (SEE SHEET 6) o N89°55'02"E TRACT 2 " :.. P.O.B. ^ I 20.00' 0.0046 ACRES TRACT 2 200 SQ. FT. 12"HDPE STORM N0°04'58"W 3 10.00' I S0°04'58"E 3 S89°55'02"W 10.00' E `� SECTION 20.00' 20'SANITARY SEWER EASEMENT jw 2; VOL. 14266,PG. 161,D.R.T.C.T. 3 Ex.1e ss LINE' I 100'TEXAS POWER& r. w LIGHT COMPANY EASEMENT —"— x ; I VOL.6166,PG.59,D.R.T.C.T. lID _ u P. B. w - N89°55'02"E TRACT s of 20.00' LOT 7, BLOVGLE GOLDEN TRIN0°04'58"W L + - CROSSING A20.00' o DOC.NO. SO 04 58 E O.P.R.T.C"PVCWATER - µ�20.00'4"PVC WATER _24"HDPE STORM1_ ss �; n � TRACT3 S89o55'02"W 0.0092 ACRES SECTION 20.00" 400 SQ. FT. 3 3I � I 3 ss sro�oM F 111 ss NORTH 1 0 30 60 --- ' Y --- GRAPHIC SCALE IN FEET ' 20'SANITARY SEWER EASEMENT„ . _., VOL. 14266,PG. 161,D.R.T.C.T. 1 _... am lm� 110111111111/Nuill MATCH LINE (SEE SHEET 8) ENCROACHMENT AGREEMENT AREA NOTES: J. BILLINGSLEY+ SURVEY, Bearing system based on the Texas Coordinate System of 1983, ABSTRACT NO. /0 North Central Zone(4202),North American Datum of 1983. CITY OF FORT WORTH, Background parking, drive isles, water & storm pipes shown hereon are proposed and shown for informational purposes only. TARRANT COUNTY, TEXAS LEGEND Ki m I e * H o r n SS=SANITARY SEWER P.O.C.=POINT OF COMMENCING P.O.B.=POINT OF BEGINNING ZC=IRON ROD W/CAP FOUND 13455 Noel Road,Two Galleria Office Tel.No.(972)770-1300 =IRON ROD FOUND Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3820 D.R.T.C.T.=DEED RECORDS OF TARRANT COUNTY,TEXAS Stele I Drawn by I Checked by I Date Project No. Sheet No. O.P.R.T.C.T.=OFFICIAL PUBLIC RECORDS,TARRANT COUNTY,TEXAS 1"=60' MSM DJO MAR.2020 1 067771659 1 7 OF 12 MATHERNE,MARK 3/2/2020 10:37 AM K:\DAL_SURVEY\067771659-GREYSTAR GOLDEN TRIANGLE\DWG\067771659-GREYSTAR GOLDEN TRIANGLE_ENCR AGREEMENT-4-TRACTS.DWG MATCH LINE (SEE SHEET 7) A . "SPOONER" _ L I 3 P LOT 7, BLOCK 1 I — GOLDEN TRIANGLE CROSSING ADDITION 1 DOC.NO. _ '.. s O.P.R.T.C.T. .s 100-TEXAS POWER& I LIGHT COMPANY EASEMENT _— -- I VOL.6207,PG.680,D.R.T.C.T. GOLDEN TRIANGLE CROSSING 20'SANITARY SEWER EASEMENT " LOT 6,BLOCK 1 I VOL. 14266,PG. 161,D.R.T.C.T DOC.NO. D2�18066624 O.P.R.TLIC.T. -I ww —ww TRACT 4 ww—ww I ""1 0.0074 ACRES EX.18"SS LINE I 7 323 SQ. FT. N89°07'39"E N1°50'24"W 15.58' 7? I I w w s S'RO S1°50'24'E�W 25'EASEMENTNRESERVATION W-w _ 16.69' BY REALTY CAPITAL GOLDEN TRIANGLE —— — — —— VOL.14974,PG.27,D.R.T.C.T. NO°46'06"E S87°41'27"E 5.00' 64.84' N1°50'24"W' ° — — — _ ——— ——— — 1/2"IRFC I 20.05' TRACT 4 P.O.B. N87°41'27"W 3 ...... _.. s 20.05' GOLDEN TRIANGLE BOULEVARD TRACT4 SECTION (Al2CF:&TRIGHT-0E-WAy, -W--'-------W W--_4 VOL.6639.PG.614 W---- --W W_--- VOL.6639,PG.618 W W NORTH 0 30 60 ENCROACHMENT GRAPHIC SCALE IN FEET AGREEMENT AREA NOTES: J. BILLINGSLEY+ SURVEY, Bearing system based on the Texas Coordinate System of 1983, ABSTRACT NO. 70 North Central Zone(4202),North American Datum of 1983. CITY OF FORT WORTH, Background parking, drive isles, water & storm pipes shown hereon are proposed and shown for informational purposes only. TARRANT COUNTY, TEXAS LEGEND Kimley))) Horn SS=SANITARY SEWER P.O.C.=POINT OF COMMENCING P.O.B.=POINT OF BEGINNING IRFC=IRON ROD W/CAP FOUND 13455 Noel Road,Two Galleria Office Tel.No.(972)770-1300 IRF=IRON ROD FOUND Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3820 D.R.T,C.T.=DEED RECORDS OF TARRANT COUNTY,TEXAS S�lele Drawn by Checked by Date Project No. Sheet No. O.P.R.T.C.T.=OFFICIAL PUBLIC RECORDS,TARRANT COUNTY,TEXAS V.=60' MSM D,ID MAR.2020 1 067771659 1 8 OF 12 MATHERNE,MARK M12020 10.37 AM K:\DAL_SURVEY\067771659-GREYSTAR GOLDEN TRIANGLE\DWG\067771659-GREYSTAR GOLDEN TRIANGLE_ENCR AGREEMENT-4-TRACTS.DWG 710 291 LF OF'METAL FENCE ALONG WEST LINE F 20'WIDE EASEMENT 6'HT.GATE/ GATE AT FENCE POSTS FENCE LINE SIDEWALK @ 8'O.C.(TYP.) 705 I I I I I I I I I BRICK COLUMNS I I I WITH CONCRETE FOOTINGS I 1 f I I III III 1I I1II1 111I I1 1I FII1 NISI1H G 11R AD11 E EXISTINGG RII11A DE 700 II11 OI W TS24"HD PE S2 INV:69 .Ia FOOTINGS(TYP.) LU LU 695 I 4"WA C ROBBING (!) INV:69 .04 O 8 CROSSING ~ INV:694.08 CO C Q tri PIPE ALONG CENTERLINE OF 20'WIDE EASEMENT 690 z ..__.._..-........._............_....._.._..._ X. — V Q ENCROACHMENT AREA 685LO d0 O) 0) Li 680 L. I ,� LL 8+00 9+00 SECTION 1 - TRACT 1 ENCROACHMENT AGREEMENT AREA ENCROACHMENT Kimley))) Horn AGREEMENTAREA 13455 Noel Road,Two Galleria Once Tel.No.(972)770-1300 Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3820 PROFILESScale by Checked by Date Project No. Sheet No. 1"=40'H,4'V MSM JKL FEB.2020 067771659 9 OF 12 MATHERNE,MARK 2/28/2020 12:08 PM K:\DAL_CIVIL\067771659-OVERTURE GOLDEN TRIANGLE\CAD\PLANSHEETS\PRIVATE PLANS\EXH-SSWR-PROF-PRVT-ENCR4-TRACTS.DWG 710 291 LF OF METAL FENCE ALONG WEST LINE OF 20'WIDE EASEMENT FENCE POSTS 8'O.C.(TYP.) 6'HT.GATE/FENCE LINE I I I I I I I I I I I I I I I I 705 L f T I I I t I 1 I I f I I I I I I I 1 1 1 1 1 1 1 1 1 1 1 I I I FINISH GRADE I I I 1 I I I I I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I I EXISTING GRADE 'APAOX.GRADE AT I I I I I I I I I I FENCE ALIGNMENT I I I I I I I I I I l l l f I I 1 1 1 I I - - - - 700 F- W W W FENCE POSTS FOOTINGS(TYP.) W 695 r` rn I , Q PIPE ALONG CENTERLINE I OF 20'WIDE EASEMENT f W z ......... _ _..._.... __. .. J ! 690 2 H _ AREA 685 rn o rn I ai o ' rn LL rn o rni 680 10+00 11+00 SECTION 1 - TRACT 1 ENCROACHMENT AGREEMENT AREA ENCROACHMENT Kimley))) Horn AGREEMENTAREA 13455 Noel Road,Two Galleria ORce Tel.No (972)770-1300 Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3820 PROFILESScale Drawn by Checked by DateProject No Sheet No. 1"=40'H,4'V MSM JKL FEB.2020 1 067771659 10 OF 12 MATHERNE,MARK 2/28/2020 12:09 PM K:\DAL—CIVIL\067771659-OVERTURE GOLDEN TRIANGLE\CAD\PLANSHEETS\PRIVATE PLANS\EXH-SSWR-PROF-PRVT-ENCRA-TRACTS.DWG 710 : 705 FINISH GRADE FINISH GRADE EXISTING GRADE wasrewnTER EXISTING GRADE MANHOLE 700 4"WA CROSSING INV 697.36 24"HDPE CROSSING INV:696.80 8' WA CROSSING 18"HDPE CROSSING INV :696.28 IN'v_696.41 695 ci n O0 690 —.......... —.._ _......_...._.._................._......._._...---- ..._._._._.—.--_......._.._� — -- -- —r......__......._.._.....,... - -___ - - r EX.18"SS @f0.25% EX. 18"SS @ 0.25% EX.18' SS @ 0.25/° I 10'-WIDE ENCROACHMENT - _... . 20'-WIDE AREA ENCROACHMENT 685 AREA --' i I I rn rn! �I 680 LL 00 6+00 7+00 SECTION 3 - TRACT 3 SECTION 2 - TRACT 2 ENCROACHMENT ENCROACHMENT AGREEMENT AREA AGREEMENT AREA ENCROACHMENT Kim1py))) Horn AGREEMENTAREA 13455 Noel Road,To Galleria O Tel.No.(972)770-1300 Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3820 PROFILESStele I Drawn by Checked by I Date I Protect No. I Sheet No. 1"=40'H,4'V I MSM JKL FEB.2020 1 067771659 1 11 OF 12 MATHERNE,MARK 2/28/2020 12:09 PM K:\DAL—CIVIL\067771659-OVERTURE GOLDEN TRIANGLE\CAD\PLANSHEETS\PRIVATE PLANS\EXH-SSWR-PROF-PRVT-ENCR-4-TRACTS.DWG 710 710 i _ f f 705 705 iI FINISH GRADE 700 T 700 f l I EXISTING GRADE 695 I I 695 12" ST CROSSING INV 693.22 690 _._�.__... -.... .._...-- - ._�.__.. ............ ..__---- .... .... _........ ................................ ----- 690 1 f EX_18'SS-@-0.39% 685 685 VARIABLE WIDTH I I ENCROACHMENT AREA ato _.. rn rn 680 LL U- 680 L1+00 SECTION 4 - TRACT 4 ENCROACHMENT AGREEMENT AREA ENCROACHMENT Kimley))) Horn AGREEMENTAREA 13455 Noel Road,Two Galleria Office Tel.No.(972)770.1300 Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3820 PROFILESScale Drawn by I Checked by Date I Project No. I Sheet No. 1"=40'H,4'V MSM JKL FEB.2020 067771659 12 OF 12 MATHERNE,MARK 2/28/2020 12:09 PM K:\DAL_CIVIL\067771659-OVERTURE GOLDEN TRIANGLE\CAD\PLANSHEETS\PRIVATE PLANS\EXHSSWR-PROF-PRVT-ENCRA-TRACTS.DWG EXHIBIT B Certificate of Insurance Easement Encroachment Agreement-Commercial Page 12 of 13 Revised 1/2020 Attachment Code: D572447 Master ID: 1470955,Certificate ID: 16606235 Policy Number Coverages Insured and Limits NAIC# 03112220 Excess Liability$10,000,000 xs Allied World Assurance Company(U.S.)Inc. 19489 Primary Each Occurrence $10,000,000 Other Aggregate $10,000,000 Products/Completed Operations $10,000,000 Aggregate S18XC5004400 Excess Liability$15,000,000 xs HCC Specialty Insurance Company 11243 $10,000,000 Each Occurrence $15,000,000 Aggregate,where applicable $15,000,000 Products/Completed Operations $15,000,000 Aggregate UCXD54643900 Excess Liability$25,000,000 xs HDI Global Insurance Company 41343 $25,000,000 Each Occurrence $25,000,000 Aggregate,where applicable $25,000,000 Products/Completed Operations $25,000,000 Aggregate EXHIBIT C Metes and Bounds or Location Description of the Property Easement Encroachment Agreement-Commercial Page 13 of 13 Revised 1/2020 Exhibit C TRACT 1 FIELD NOTE DESCRIPTION 6,219 SQUARE FEET BEING a tract of land situated in the J. Billingsley Survey, Abstract No. 70, City of Fort Worth, Tarrant County, Texas and being part of Lot 7, Block 1, Golden Triangle Addition, an addition to the City of Fort Worth, Texas, according to the plat thereof recorded in Document No. , Official Public Records, Tarrant County, Texas (O.P.R.T.C.T.), and being more particularly described as follows: COMMENCING at a 1/2-inch iron rod found for the most northerly northwest corner of said Lot 7; THENCE with the north line of said Lot 7, North 89°52'19" East, a distance of 52.28 feet to a point for corner, from which a 5/8-inch iron rod with plastic cap stamped "KHA" found for corner bears North 89'52'19" East, a distance of 28.00 feet; THENCE departing said north line, over and across said Lot 7, the following courses and distances: South 0°04'58" East, with the west line of a 20-foot sanitary sewer easement described to the City of Fort Worth, in the deed recorded in Volume 14266, Page 161, Deed Records, Tarrant County, Texas, a distance of 93.22 feet to the POINT OF BEGINNING; North 89°55'02" East, crossing said 20-foot sanitary sewer easement, a distance of 20.00 feet to a point for corner in the east line of said 20-foot sanitary sewer easement; South 0°04'58" East, with said east line, a distance of 311.02 feet to a point for corner; South 89°55'02" West, crossing said 20-foot sanitary sewer easement, a distance of 20.00 feet to a point for corner in the west line of said 20-foot sanitary sewer easement; North 0°04'58"West, with said west line, a distance of 311.02 feet to the POINT OF BEGINNING and containing 6,219 square feet or 0.1428 acres of land. Note: Bearing system based on the Texas Coordinate System of 1983, North Central Zone(4202), North American Datum of 1983. PRELIMINARY ENCROACHMENT THIS DOCUMENT SHALL AGREEMENT AREA NOT BE RECORDED FOR ANY PURPOSE AND J. BILLINGSLEY SURVEY, SHALL NOT BE USED OR ABSTRACT NO. 70 VIEWED OR RELIED CITY OF FORT WORTH, UPON AS A FINAL SURVEY DOCUMENT TARRANT COUNTY, TEXAS DAVID J. De WEIRDT Kimlpy* H or n REGISTERED PROFESSIONAL 13455 Noel Road,Two Galleria Tel.No.(972)770-1300 LAND SURVEYOR NO. 5066 Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3620 Scale Drawn by I Checked by I Date I Project No. I Sheet No. david.deweirdt@kimley-horn.com N/A MSM DJD MAR,2020 1 067771659 1 1 OF 12 MATHERNE,MARK 3/2/202010:36 AM K:\DAL_SURVEY\067771659-GREYSTAR GOLDEN TRIANGLE\DWG\067771659-GREYSTAR GOLDEN TRIANGLE_ENCR AGREEMENT-4-TRACTS.DWG TRACT 2 FIELD NOTE DESCRIPTION 200 SQUARE FEET BEING a tract of land situated in the J. Billingsley Survey, Abstract No. 70, City of Fort Worth, Tarrant County, Texas and being part of Lot 7, Block 1, Golden Triangle Addition, an addition to the City of Fort Worth, Texas, according to the plat thereof recorded in Document No. , Official Public Records, Tarrant County, Texas (O.P.R.T.C.T.), and being more particularly described as follows: COMMENCING at a 1/2-inch iron rod found for the most northerly northwest corner of said Lot 7; THENCE with the north line of said Lot 7, North 89052'19" East, a distance of 52.28 feet to a point for corner, from which a 5/8-inch iron rod with plastic cap stamped "KHA" found for corner bears North 89°52'19" East, a distance of 28.00 feet; THENCE departing said north line, over and across said Lot 7, the following courses and distances: South 0°04'58" East, with the west line of a 20-foot sanitary sewer easement described to the City of Fort Worth, in the deed recorded in Volume 14266, Page 161, Deed Records, Tarrant County, Texas, a distance of 476.27 feet to the POINT OF BEGINNING; North 89055'02" East, crossing said 20-foot sanitary sewer easement, a distance of 20.00 feet to a point for corner in the east line of said 20-foot sanitary sewer easement; South 0°04'58" East, with said east line, a distance of 10.00 feet to a point for corner; South 89°55'02" West, crossing said 20-foot sanitary sewer easement, a distance of 20.00 feet to a point for corner in the west line of said 20-foot sanitary sewer easement; North 0004'58" West, with said west line, a distance of 10.00 feet to the POINT OF BEGINNING and containing 200 square feet or 0.0046 acres of land. Note: Bearing system based on the Texas Coordinate System of 1983, North Central Zone(4202), North American Datum of 1983. ENCROACHMENT AGREEMENT AREA J. BILLINGSLEY SURVEY, ABSTRACT NO. 70 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS Kirnley))) Horn 13455 Noel Road,Two Galleria Once Tel.No.(972)770-1300 Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3820 Stele I Drawn by I Checked by I Date I Project No. ISheet No. N/A MSM DJD MAR.2020 067771659 2 OF 12 MATHERNE,MARK 3121202010:36 AM K:\DAL_SURVEY\067771659-GREYSTAR GOLDEN TRIANGLE\DWG\067771659-GREYSTAR GOLDEN TRIANGLE ENCR AGREEMENT-4-TRACTS.DWG TRACT 3 FIELD NOTE DESCRIPTION 400 SQUARE FEET BEING a tract of land situated in the J. Billingsley Survey, Abstract No. 70, City of Fort Worth, Tarrant County, Texas and being part of Lot 7, Block 1, Golden Triangle Addition, an addition to the City of Fort Worth, Texas, according to the plat thereof recorded in Document No. , Official Public Records, Tarrant County, Texas (O.P.R.T.C.T.), and being more particularly described as follows: COMMENCING at a 1/2-inch iron rod found for the most northerly northwest corner of said Lot 7; THENCE with the north line of said Lot 7, North 89°52'19" East, a distance of 52.28 feet to a point for corner, from which a 5/8-inch iron rod with plastic cap stamped "KHA" found for corner bears North 89°52'19" East, a distance of 28.00 feet; THENCE departing said north line, over and across said Lot 7, the following courses and distances: South 0°04'58" East, with the west line of a 20-foot sanitary sewer easement described to the City of Fort Worth, in the deed recorded in Volume 14266, Page 161, Deed Records, Tarrant County, Texas, a distance of 636.75 feet to the POINT OF BEGINNING; North 89°55'02" East, crossing said 20-foot sanitary sewer easement, a distance of 20.00 feet to a point for corner in the east line of said 20-foot sanitary sewer easement; South 0004'58" East, with said east line, a distance of 20.00 feet to a point for corner-, South 89055'02" West, crossing said 20-foot sanitary sewer easement, a distance of 20.00 feet to a point for corner in the west line of said 20-foot sanitary sewer easement; North 0004'58"West, with said west line, a distance of 20.00 feet to the POINT OF BEGINNING and containing 400 square feet or 0.0092 acres of land. Note: Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983. ENCROACHMENT AGREEMENT AREA J. BILLINGSLEY SURVEY, ABSTRACT NO. 70 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS Kirnjpy))) Horn 13455 Noel Road,Two Galled Tel.No.(972)770-1300 Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3620 Scale I Drawn by Checked by Date Project No. Sheet No. NIA MSM DJD MAR.2020 1067771659 3 OF 12 MATHERNE,MARK 3/2/2020 10:36 AM K:\DAL_SURVEYk067771659-GREYSTAR GOLDEN TRIANGLE\DWG\067771659-GREYSTAR GOLDEN TRIANGLE_ENCR AGREEMENT-4-TRACTS.DWG TRACT 4 FIELD NOTE DESCRIPTION 323 SQUARE FEET BEING a tract of land situated in the J. Billingsley Survey, Abstract No. 70, City of Fort Worth, Tarrant County, Texas and being part of Lot 7, Block 1, Golden Triangle Addition, an addition to the City of Fort Worth, Texas, according to the plat thereof recorded in Document No. , Official Public Records, Tarrant County, Texas (O.P.R.T.C.T.), and being more particularly described as follows: COMMENCING at a 1/2-inch iron rod with cap stamped "Spooner" found for the most southerly southwest corner of said Golden Triangle Addition, and being in the north line of Golden Triangle Boulevard, a 120-foot right-of-way at this point; THENCE with the west line of said Golden Triangle Addition, North 0°46'06" East, a distance of 5.00 feet to a point for the southwest corner of said Lot 7; THENCE with the south line of said Lot 7, South 87°41'27" East, a distance of 64.84 feet to a point for corner; THENCE over and across said Lot 7, the following courses and distances: North 1°50'24" West, with the west line of a 20-foot sanitary sewer easement described to the City of Fort Worth, in the deed recorded in Volume 14266, Page 161, Deed Records, Tarrant County, Texas (D.R.T.C.T.), a distance of 20.05 feet to a point being on the north line of a 25' Easement Reservation, recorded in Volume 14974, Page 27, D.R.T.C.T., and being the POINT OF BEGINNING; North 1°50'24" West, continuing with said west line of 20-foot sanitary sewer easement, a distance of 15.58 feet to a point for corner; North 89°07'58" East, crossing said 20-foot sanitary sewer easement, a distance of 20.00 feet to a point for corner being on the east line of a said 20-foot sanitary sewer easement; South 1°50'24" East, with said east line of 20-foot sanitary sewer easement, a distance of 16.69 feet to a point for corner being on said north line of the 25' Easement Reservation; North 87°41'27" West, with said north line of the 25' Easement Reservation, a distance of 20.05 feet to the POINT OF BEGINNING and containing 323 square feet or 0.0074 acres of land. Note: Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983. ENCROACHMENT AGREEMENT AREA J. BILLINGSLEY SURVEY, ABSTRACT NO. 70 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS Kirnley))) Horn 13455 Noel Road,Two Galleria Office Tel.No.(972)770-1300 Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3620 Stele Drawn by I Checked by I Date Proiecl No. Sheet No. N/A MSM DJD MAR.2020 1 067771659 4OF 12 MATHERNE,MARK=12020 10.37 AM KADAL SURVEY\067771659-GREYSTAR GOLDEN TRIANGLE\DWG1067771659-GREYSTAR GOLDEN TRIANGLE ENCR AGREEMENT-4-TRACTS.DWG