HomeMy WebLinkAboutContract 55059 Date Received: 12/21/2020 City Secretary
Time Received: 12:43 PM Number: 55059
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
Development Services Director, and 701 Magnolia, LLC, a limited liability company
("Licensee"), owner of the real property located at 701 West Magnolia Avenue, Fort
Worth, Texas 76104 ("Property"),acting by and through its duly authorized Manager.
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 public access 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 a storm line (the
"Encroachment"). Upon completion of the Encroachment, Licensee agrees to be
OFFICIAL RECORD
Easement Encroachment Agreement-Commercial
Rev CITY SECRETARY
FT. WORTH, TX
responsible for maintaining the Encroachment within the Easement. Licensee shall not
expand or otherwise cause the Encroachment to further infringe in or on City's Easement
beyond what is specifically described in the exhibit(s) attached hereto.
2.
All construction, maintenance, or operation in connection with such Encroachment,
use, and occupancy shall comply and be performed in strict compliance with this Agreement
and with the Charter, Ordinances, and Codes of the City, and in accordance with the
directions of the Director of the Transportation and Public Works Department or the
Director of the Water Department, or their duly authorized representative. Prior to the
construction of the Encroachment, Licensee shall submit all plans and specifications to the
applicable Director or duly authorized representative. Licensee shall not commence
construction of the Encroachment until such approval shall be indicated in writing by the
applicable Director or authorized representative. However, such approval shall not relieve
Licensee of responsibility and liability for concept, design, and computation in the
preparation of such plans and specifications.
3.
Licensee, at no expense to the City, shall make proper provisions for the relocation
and installation of any existing or future utilities affected by such Encroachment, use, and
occupancy, including securing the approval and consent of the appropriate utility companies
and agencies of the State and its political subdivisions. In the event that any installation,
reinstallation, relocation, or repair of any existing or future utility or improvements owned by
or constructed by or on behalf of the public or at public expense is made more costly by
virtue of the construction, maintenance, or existence of the Encroachment and use,
Licensee shall pay to the City an additional amount equal to such additional cost as
reasonably determined by the Director of Transportation and Public Works or the Director
of the Water Department,or their duly authorized representative.
4.
Licensee agrees that the City may enter and utilize the referenced areas at any time
for the purpose of installing, repairing, replacing, or maintaining improvements to its public
facilities or utilities necessary for the health, safety, and welfare of the public, or for any
other public purpose. The City shall bear no responsibility or liability for any damage or
disruption or other adverse consequences resulting from the Encroachment installed by
Licensee,but the City will make reasonable efforts to minimize such damage.
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
Easement Encroachment Agreement-Commercial Page 2 of 12
Revised 4/2020
acceptable to the Director of Transportation and Public Works or the Director of the Water
Department, or their duly authorized representative, in accordance with then-existing City
specifications. It is understood and agreed to by Licensee that if this Agreement terminates
and Licensee fails to remove the Encroachment as directed and restore the Easement,
Licensee hereby gives the City permission to remove the Encroachment and any supporting
structures and assess a 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.
S.
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.
Easement Encroachment Agreement-Commercial Page 3 of 12
Revised 4/2020
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 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
S1,000,000
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
Easement Encroachment Agreement-Commercial Page 4 of 12
Revised 4/2020
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.
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 respondent 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-parry may have an
interest. Licensee agrees that it will obtain all necessary permissions before occupying such
property.
Easement Encroachment Agreement-Commercial Page 5 of 12
Revised 4/2020
16.
In any action brought by the City for the enforcement of the obligations of the
Licensee,the City shall be entitled to recover interest and reasonable attorneys' fees.
17.
The parties agree that the duties and obligations contained in Section 5 shall survive
the termination of this Agreement.
18.
Licensee covenants and agrees that it will not assign all or any of its rights,
privileges, or duties under this Agreement without the written approval of the City, and any
attempted assignment without such written approval shall be void. In the event Licensee
conveys the Property, Licensee may assign all of its rights and obligations under this
Agreement to the new owner of the Property,and Licensee shall be deemed released from
its duties and obligations hereunder upon City's approval in writing of such assignment,
which approval shall not be unreasonably conditioned or withheld. Foreclosure by a secured
lender of Licensee or assignment to a secured lender by Licensee in the event of default or
otherwise shall not require City approval provided that said lender notifies City in writing
within sixty (60) days of such foreclosure or assignment and assumes all of Licensee's
rights and obligations hereunder. However, no change of ownership due to foreclosure or
assignment to any secured lender of Licensee shall be effective as to City unless and until
written notice of such foreclosure or assignment is provided to City.
19.
Any cause of action for breach of this Agreement shall be brought in Tarrant
County, Texas. This Agreement shall be governed by the laws of the State of Texas.
20.
This Agreement shall be binding upon the parties hereto and their successors and
assigns.
21.
This Agreement may be executed in multiple counterparts,each of which shall be
considered an original,but all of which shall constitute one instrument.
Easement Encroachment Agreement-Commercial Page 6 of 12
Revised 4/2020
City: Licensee:
CITY OF FORT WORTH 701 MAGNOLIA, LLC
b I t,(1Wre-aG
DJ Harrell(Dec 21,2020 09:23 77)
DJ Harrell, Director Charles R. Dodson
Development Services Department Manager
Date:
12-21-2020 Date: I- 17-VO
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0 o*06 *00000forRanald P Gonzales .
for Ronald P.Gonzales(Dec21,zozo 1z:u CST) SEX0,4 Mary Kayser, City Secretary FWBC Sec. 3210
City Secretary's Office Matthew A. Murray, Asst. City
Attorney
City Attorney's Office
Contract Compliance Specialist:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
�eG��r�obe�tso�r beG_al4i'
Evelyn Ro erts on behalf of(Dec 18,2020 17:02 cS )
Janie S. Morales
Development Manager
ROW Encroachment Agreement-Commercial P OFFICIAL RECORD
Revi CITY SECRETARY
FT. WORTH, TX
***THIS PAGE FOR CITY OF FORT WORTH OFFICE USE ONLY*
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 21st day of
December 120 20
LAU RI E Digitally signed by LAURIE
PEQUENO LEWIS RYPG LAURIE PEQUENO LEWIS
PEQUENO LEWIS Date:2020.12.21 11:42:34 2�P Notary Public
-06'00' *®+ STATE OF TEXAS
Notary52
Public n and for the State of Texas ��oF P Notary I.D. 1Dec. 1 ,
My Comm.Exp.Dec. 10,2023
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
OFFICIAL RECORD
Easement Encroachment Agreement-Commercial
Rev CITY SECRETARY
FT. WORTH, TX
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
-1�e,jc,5 _, on this day personally appeared Charles Dodson, Manager 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 701 Magnolia, LLC, a limited liability
company, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
17 day of Dzemte/ , 20 Za
WILLIAM J.JURCHISIN JR.
NOTARY PUBLIC
ID#132600309
State of Texas
Notary Publ' n and for the "' ` Comm.Exp.07-27-202a
State ofT�j p_,(g>
OFFICIAL RECORD
ROW Encroachment Agreement-Commercial P
Revi CITY SECRETARY
FT. WORTH, TX
EXHIBIT A
Map of Easement and Encroachment
Easement Encroachment Agreement-Commercial Page 10 of 12
Revised 4/2020
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VOL. 1431V OPRTCT
PAGE 135
REMAINDER — — — —
I OF LOT 5 I Q
Y I M
ZLEGEND: .`� OF
N PROPERTY UNE — — 1.NOTES:LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS EASEMENT. ,`Q",•G;S T
3 EASEMENT - — — — — - 2. BEARINGS REFERENCED TO THE TEXAS STATE PLANE COORDINATE �•�� *
uj ROAD CENTERUNE SYSTEM, NORTH CENTRAL ZONE, NAD '83. ALL DISTANCES ARE ..................
rn PROPOSED ENCROACHMENT SURFACE DISTANCES.
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3 T1PE FIRM AF-11039 ° TBPLE FIRM 010193090 DATED: 11-09-2020
1600 W.d axa Shs a,sux.200,Port WwA,TX 76102 • 917210.0696 SHEET3 OF5
EXHIBIT B
Certificate of Insurance
Easement Encroachment Agreement-Commercial Page 11 of 12
Revised 4/2020
EXHIBIT C
Metes and Bounds or Location Description of the Property
Easement Encroachment Agreement -Commercial Page 12 of 12
Revised 4/2020
24"STORMDRAINENCROACHMENTEASENfENT
226.6LINEARFEET OR-i3.7,5RODS
LOTIR,BLOCK3,S.O.MOODIESSUBDIVISION
TfILLLAAII TYELCHSURVEYABSTRACTNO.1644
07YOF FOR T WORTH, TARRANT COUNTYTEXA5
NO.I
BEING THE PROPOSED CENTERLINE OF A 24"STORM DRAIN LINE SITUATED IN THE W.WELCH SURVEY,ABSTRACT NUMBER 1644,CITY OF FORT
WORTH,TARRANT COUNTY COUNTY,TEXAS,AND BEING A PORTION OF LOT 1R,BLOCK 3,S.O. MOODIE'S ADDITION AN ADDITION TO THE CITY
OF FORT WORTH,TARRANT COUNTY,TEXAS AS SHOWN THEREOF AND RECORDED IN COUNTY CLERK'S FILE NO.(CC#)D212239605,OFFICIAL
PUBLIC RECORDS,TARRANT COUNTY,TEXAS,(OPRTCT)AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTH LINE OF THE SAID LOT 1R,FROM WHICH A MAGNAIL FOUND FOR THE WESTERLY SOUTHWEST
CORNER OF LOT 3R,OF SAID BLOCK 311 BEARS SOUTH 89°38'21"WEST,A DISTANCE OF 9.55 FEET AND SOUTH 00°21'39"WEST,A DISTANCE OF
190.65 FEET;
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THENCE NORTHERLY OVER AND ACROSS THE SAID LOT 1R AND WITH THE CENTERLINE OF THE SAID STORM DRAIN,THE FOLLOWING COURSES
AND DISTANCE:
NORTH 01°06'45"WEST,A DISTANCE OF 113.66 FEET TO A POINT FOR CORNER;
o NORTH 00°20'35"WEST,A DISTANCE OF 77.00 FEETTO A POINT FOR CORNER;
a NORTH 60°44'31"EAST,A DISTANCE OF 6.94 FEET TO THE POINT OF TERMINATION IN THE WESTERLY NORTH LINE OF THE SAID LOT 1R
AND BEING COMMON WITH THE SOUTH RIGHT OF WAY LINE OF WEST MAGNOLIA(A 80 FOOT RIGHT OF WAY),FROM WHICH A MAGNAIL
in FOUND FOR THE NORTHWEST CORNER OF THE AFORESAID LOT 1R BEARS SOUTH 89'38'21"WEST,A DISTANCE OF 14.16 FEET,AND HAS A
W 197.6 LINEAR FEET OR 12.0 RODS.
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o NORTH CENTRAL ZONE, NAD '83. ALL DISTANCES ARE SURFACE DISTANCES. ,,RO,BERT,,,
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3 TBPE FIRM QF-11039 • TBFLS FIRM 010193890 DATED: 11-09-2020
1600 Wed 7ti Stmet,Soho 200,Fort Ww&,1X 76102 • I17.810.0696 SHEET4 OF5
24"STORMDRAINENCROACHAfENTEASEIYIENT
226.6LINE4R FEET OR r3.7.5RODS
LOTrR,BLOCKS,S.O.MOODIESSUBDIVISION
TWILLL4Af 1,VELCHSURVEYABSTRACTNO.1644
CHYOFFORT WORTH, TARRANTC0UA7YTEXA S
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BEING THE PROPOSED CENTERLINE OF A 24"STORM DRAIN LINE SITUATED IN THE W.WELCH SURVEY,ABSTRACT NUMBER 1644,CITY OF
FORT WORTH,TARRANT COUNTY COUNTY,TEXAS,AND BEING A PORTION OF LOT 1R,BLOCK 3,S.O.MOODIE'S ADDITION AN ADDITION TO
THE CITY OF FORT WORTH,TARRANT COUNTY,TEXAS AS SHOWN THEREOF AND RECORDED IN COUNTY CLERK'S FILE NO.(CC#)D212239605,
OFFICIAL PUBLIC RECORDS,TARRANT COUNTY,TEXAS,(OPRTCT)AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT MAG NAIL FOUND FOR THE WESTERLY SOUTHWEST CORNER OF LOT 3R,OF SAID BLOCK 3,FROM WHICH A MAG NAIL
FOUND FOR THE NORTHWEST CORNER OF SAID LOT 1R BEARS NORTH 00°21'39"WEST,A DISTANCE OF 2S3.00 FEET;
THENCE NORTH 08°49'45"EAST,A DISTANCE OF 59.77 FEET TO THE POINT OF BEGINNING, IN THE SOUTH LINE OF THE SAID LOT 1R AND
BEING COMMON WITH THE NORTH LINE OF THE SAID LOT 3R:
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*38'21"EAST,WITH THE COMMON LINE OF THE SAID LOT 1R AND THE SAID LOT 3R,A DISTANCE OF 5.45 FEET TO THE THENCE NORTH 89
POINT OF TERMINATION AND HAS 5.S LINEAR FEET OR 0.33 RODS.
NO.3
o BEING THE PROPOSED CENTERLINE OF A 24"STORM DRAIN LINE SITUATED IN THE W.WELCH SURVEY,ABSTRACT NUMBER 1644,CITY OF
V) FORT WORTH,TARRANT COUNTY COUNTY,TEXAS,AND BEING A PORTION OF LOT 1R,BLOCK 3,S.O.MOODIE'S ADDITION AN ADDITION TO
o THE CITY OF FORT WORTH,TARRANT COUNTY,TEXAS AS SHOWN THEREOF AND RECORDED IN COUNTY CLERK'S FILE NO.(CC#)D212239605,
OFFICIAL PUBLIC RECORDS,TARRANT COUNTY,TEXAS,(OPRTCT)AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
m FOLLOWS:
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a COMMENCING AT MAG NAIL FOUND FOR THE NORTHWEST CORNER OF THE SAID LOT 1R AND BEING COMMON WITH THE SOUTH RIGHT
OF WAY LINE OF WEST MAGNOLIA AVENUE(80 FOOT RIGHT OF WAY),FROM WHICH A MAG NAIL FOUND FOR THE WESTERLY SOUTHWEST
o CORNER OF LOT 3R,OF SAID BLOCK 3 BEARS SOUTH 00°21'39"EAST,A DISTANCE OF 253.00 FEET;
THENCE SOUTHERLY OVER AND ACROSS THE SAID LOT 1R,THE FOLLOWING COURSES AND DISTANCES:
SOUTH 06°05'05"EAST,A DISTANCE OF 80.75 FEET TO THE POINT OF BEGINNING;
SOUTH 43°46'05"EAST,A DISTANCE OF 10.11 FEET TO THE POINT OF TERMINATION AND HAS 10.1 LINEAR FEET OR 0.61 RODS.
NO.4
BEING THE PROPOSED CENTERLINE OF A 24"STORM DRAIN LINE SITUATED IN THE W.WELCH SURVEY,ABSTRACT NUMBER 1644,CITY OF
0 FORT WORTH,TARRANT COUNTY COUNTY,TEXAS,AND BEING A PORTION OF THE WEST MAGNOLIA AVENUE(80 FOOT RIGHT OF WAY)AND
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z BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
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3 COMMENCING AT MAG NAIL FOUND FOR NORTHWEST CORNER OF LOT 1R,BLOCK 3,OF THE S.O.MOODIE'S SUBDIVISION,AN
to
0 SUBDIVISION TO THE CITY OF FORT WORTH,TARRANT COUNTY,TEXAS,AS SHOWN THEREOF AND RECORDED IN COUNTY CLERK'S FILE NO.
D21223960S,OFFICIAL PUBLIC RECORDS TARRANT COUNTY,TEXAS,(OPRTCT),AND IN THE SOUTH RIGHT OF WAY LINE OF SAID WEST
MAGNOLIA AVENUE FROM WHICH A MAG NAIL FOUND FOR THE WESTERLY SOUTHWEST CORNER OF LOT 3R,OF SAID BLOCK 3 BEARS SOUTH
cw 00°21'39"WEST,A DISTANCE OF 253.00 FEET;
y THENCE NORTH 89°38'21"EAST,WITH THE SOUTH RIGHT OF WAY LINE OF SAID WEST MAGNOLIA AVENUE AND BEING COMMON WITH
z NORTH LINE OF SAID LOT 1R,A DISTANCE OF 14.16 FEETTO THE POINT OF BEGINNING:
THENCE NORTHERLY OVER AND ACROSS THE SAID WEST MAGNOLIA AVENUE,THE FOLLOWING COURSES AND DISTANCES:
o NORTH 60°44'31"EAST,A DISTANCE OF 9.13 FEET TO A POINT FOR CORNER;
NORTH 00°48'11"WEST,A DISTANCE OF 4.29 FEET TO THE POINT OF TERMINATION AND HAS 13.4 LINEAR FEET OR 0.81 RODS.
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= NOTES: 41 •\S TE.F�"9
N 1. LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS EASEMENT.
0 2. BEARINGS REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM,
oNORTH CENTRAL ZONE, NAD '63. ALL DISTANCES ARE SURFACE DISTANCES. ROBERT P. ALLEN
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3 T5FE FIRM#r,11039 • TBPU FIRM#10193990 DATED: 11-09-2020
1600 Wed 7Ni 8trsa,Sell®200,Fort Wwth,TX 76102 • ®17.810.0696 SHEET5 OF5
6'x26'BUILDINGEN6R0ACHMENTEASEMENT
151 SQUAREFEETOR o.oo3ACRES
LOTIR,BLOCA-3,SO AlOODIESSUBDIVISION
T417LLIAM I41ELCHSURVEYABSTRACTNO.1644
C17YOFFORT WORTH, TARRANT'COUNTYTEXAS
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3 OF LOT 4 Q p I <I BLOCK 3
JOSE GUEL �I� CC# D212239605
VOL. 1431 d> I :3I OPRTCT
o I PAGE 1351 � � a - - - - - - J- -1
REMAINDER
OF LOT 5 o
ZLEGEND: E 0 F T
PROPERTY LINE — — NOTES: .• FL
N EASEMENT 1. LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS EASEMENT. '�P•.G $r eR T,9
— — — — — — GJ. ly � �`•.l�
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3 TIPE FIRM#F•11039 • T`PLS FIRM#101938" DATED: 11-13-2020
1600 Wwa 7th 3h*0,$ub*200,Fwf WwA Tx 76102 • 6Tre10.0696 SHEETI OF2
6'x26'BUILDINGEN6R0,4CHMENTEASEMENT
-i5z SQUAREFEETOR o.003ACRES
LOTIR,BLOCA-3,S..0.11700DIESSUTDIVISION
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0 BEING A TRACT OF LAND SITUATED IN THE W.WELCH SURVEY,ABSTRACT NUMBER 1644,CITY OF FORT WORTH,TARRANT COUNTY COUNTY,
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M TEXAS,AND BEING A PORTION OF LOT 1R,BLOCK 3,S.O.MOODIE'S ADDITION AN ADDITION TO THE CITY OF FORT WORTH,TARRANT COUNTY,
TEXAS AS SHOWN THEREOF AND RECORDED IN COUNTY CLERK'S FILE NO.(CC#)D212239605,OFFICIAL PUBLIC RECORDS,TARRANT COUNTY,
TEXAS,(OPRTCT)AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
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COMMENCING AT A MAG NAIL WITH A SHINER FOUND MARKED"SHIELD ENGINEERING"FOR THE NORTHWEST CORNER OF THE SAID LOT
J 1R AND BEING IN THE SOUTH RIGHT OF WAY LINE OF WEST MAGNOLIA AVENUE(A 80 FOOT RIGHT OF WAY),FROM WHICH A MAG NAIL WITH
A SHINER FOUND MARKED"SHIELD ENGINEERING"FOR THE WESTERLY SOUTHWEST CORNER OF THE SAID LOT 1R BEARS
SOUTH 00°21'39"EAST,A DISTANCE OF 253.00 FEET;
mm
w THENCE NORTH 89*38-21"EAST,WITH THE SOUTH RIGHT OF WAY LINE OF THE SAID MAGNOLIA AVENUE AND BEING COMMON WITH THE
NORTH LINE OF THE SAID LOT 1R,A DISTANCE OF 15.00 FEET;
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o THENCE SOUTHERLY OVER AND ACROSS THE SAID LOT 1R,THE FOLLOWING COURSES AND DISTANCE:
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SOUTH 00°21'39"EAST,A DISTANCE OF 30.92 FEET TO THE POINT OF BEGINNING;
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V) SOUTH 00'21'39"EAST,A DISTANCE OF 26.66 FEET TO A POINT FOR CORNER;
SOUTH 89'50'32"WEST,A DISTANCE OF 5.74 FEET TO A POINT FOR CORNER;
NORTH 00`04'30"WEST,A DISTANCE OF 26.67 FEET TO A POINT FOR CORNER;
NORTH 89°55'30"EAST,A DISTANCE of 5.61 FEET TO THE POINT OF BEGINNING, CONTAINING 151 SQUARE FEET OR 0.003
o ACRES OF LAND MORE OR LESS.
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0 2. BEARINGS REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, .....................
oNORTH CENTRAL ZONE, NAD '83. ALL DISTANCES ARE SURFACE DISTANCES. ROBERT P. ALLEN
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3 TBPE FIRM OPF11039 • TBns FIRM#10193590 DATED: 11-13-2020
160 Wed 71h Street,Seke 200,"Wor1h,TX 76102 • ®17.810.0696 SHEET2 OF2