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HomeMy WebLinkAboutContract 56777 Date Received: 12/03/2021 Permit Number: PN21-00119 Time Received: 3:01 pm City Secretary No.: 56777 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER 77 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 Director of the Development Services Department, and Elephant Homes LLC, a(n) Texas limited liability company ("Licensee"), acting by and through its duly authorized Vice President. RECITALS WHEREAS, Licensee is the owner of the real property located at 2820 Angle Ave, Fort Worth, Texas 76106("Property"), being more particularly described in the attached Exhibit "A" which is incorporated herein for al I purposes; and WHEREAS, the City owns a Sanitary Sewer Easement (the "Public Property") within and adjacent to the Property as shown in the attached Exhibit "B," which is incorporated herein for all purposes, and as recorded in the in the plat records of Tarrant County as plat record volume 63,page 18; and WHEREAS, Licensee desires to construct, place, and maintain certain improvements which will encroach in, on, above, or below the Public Property; and WHEREAS, The City has planned for the decommissioning an old sanitary sewer line on the Public Property and will be replacing it with a new sewer line still within the Public Property("Planned Utility"); and WHEREAS, since the Licensee's proposed encroachment would not affect the new Planned Utility and 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 Licensee of the fee set out below and the 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 Public Property as described in and at the location shown Tier I1 Easement Encroachment Agreement OFFICIAL RECORD PN21-00116Revised 11/2020 CITY SECRETARY FT. WORTH, TX on Exhibit "C," but only to the extent shown thereon, for the purpose of constructing, installing, and maintaining a new, permitted, single family home and fence (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the encroachment within the Public Property. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on the Public Property beyond what is specifically described in Exhibit "C." 2. All construction, installation, maintenance, and operation of the Encroachment and the use or occupancy of the Public Property shall comply with and be performed in strict compliance with this Agreement and with the charter, ordinances, codes, and policies of the City. Prior to the construction or installation of the Encroachment, Licensee shall submit all plans and specifications to the Director of the Development Services Department or duly authorized representative. Licensee shall not commence construction or installation of the Encroachment nor make any use of the Public Property until after the execution of this Agreement. 3. Except as herein provided, Licensee, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or future utilities which includes the Planned Utilities, affected by such Encroachment and the use and occupancy of the Public Property, including the securing the approval and consent of the appropriate utility companies and agencies of the State of Texas and its political subdivisions. In the event that any installation, reinstallation, relocation, or repair of any existing or future utility which includes the Planned 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 of Public Property, Licensee shall pay to City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department, or their duly authorized representative. 4. Licensee agrees that City may enter and utilize the Public Property at any time for any public purpose including installing, repairing, replacing, or maintaining improvements to its public facilities or utilities necessary for the health, safety, and welfare of the public. The City shall have no responsibility or liability for any damages related to the Encroachment resulting from the City's use of the Public Property; however, the City shall make reasonable efforts to minimize such damage. Tier II Easement Encroachment Agreement Page 2 of 13 PN21-00116Revised 11/2020 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 Public Property to a condition acceptable to the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department or their duly authorized representative. Any such removal of the Encroachment shall be in accordance with then-existing City regulations and policies. It is understood and agreed to by Licensee that if this Agreement terminates and Licensee fails to remove the Encroachment and restore the Public Property, Licensee hereby gives City permission to remove the Encroachment and any supporting structures from the Public Property, to restore the Public Property, and to 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 Encroachment and use of Public Property as provided for by this Agreement, Licensee agrees to pay to City at the time this Agreement is requested an application fee in the sum of Seven Hundred Dollars ($700.00). 7. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by City. However, the City may terminate this Agreement upon Licensee's noncompliance with any of the terms of this Agreement. City shall notify Licensee in writing of any such noncompliance and if Licensee does not cure the noncompliance within thirty (30) days of notice from City, the City may terminate this Agreement. However, the City may, at its sole option, allow the Agreement to remain in effect so long as Licensee has taken reasonable measures to cure the noncompliance or is continuing to diligently attempt to remedy the noncompliance. 8. It is further understood and agreed between the parties hereto that the Public Property to be used and encroached upon is held by City as trustee for the public; that City exercises such powers over the Public Property 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 Public Property 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 Public Property to be used for any other public purpose, 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 Tier II Easement Encroachment Agreement Page 3 of 13 PN21-00116Revised 11/2020 presently contemplated or not, that the parties agree to negotiate in good faith in order to accommodate both the Encroachment and the public purpose. 9. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER HIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED 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 is 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 "C." The amounts of such insurance shall be not less than $1,000,000.00 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 "D" and incorporated herein for all purposes. 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 restoration of the Public Property. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. Tier II Easement Encroachment Agreement Page 4 of 13 PN21-00116Revised 11/2020 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 the county in which the Encroachment is located. 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 use of the Public Property. 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 Public Property and is not a conveyance of any right, title, or interest in or to the Public Property, 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, City shall be entitled to recover interest and reasonable attorneys' fees. Tier II Easement Encroachment Agreement Page 5 of 13 PN21-00116Revised 11/2020 17. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. 18. Licensee covenants and agrees that it will not assign all or any of its rights, privileges, or duties under this Agreement without the written approval of the City, and any attempted assignment without such written approval shall be void. In the event Licensee conveys the Property, Licensee may assign all of its rights and obligations under this Agreement to the new owner of the Property, and Licensee shall be deemed released from its duties and obligations hereunder upon City's approval in writing of such assignment, which approval shall not be unreasonably conditioned or withheld. Foreclosure by a secured lender of Licensee or assignment to a secured lender by Licensee in the event of default or otherwise shall not require City approval provided that said lender notifies City in writing within sixty (60) days of such foreclosure or assignment and assumes all of Licensee's rights and obligations hereunder. However, no change of ownership due to foreclosure or assignment to any secured lender of Licensee shall be effective as to City unless and until written notice of such foreclosure or assignment is provided to City. 19. Any cause of action for breach of this Agreement shall be brought in Tarrant County, Texas. This Agreement shall be governed by the laws of the State of Texas. 20. This Agreement shall be binding upon the parties hereto and their successors and assigns. 21. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument [SIGNATURES APPEAR ON FOLLOWING PAGE] Tier II Easement Encroachment Agreement Page 6 of 13 PN21-00116Revised 11/2020 City: Licensee: CITY OF FORT WORTH Elephant Homes, LLC A Texas limited liability company G BY: DJ Harrell(Nov30,202114:18CST) By; D.J. Harrell, Director of the Name: Shaunda B. Espina Development Services Department Title: Vice President Date: Nov 30,2021 Date: FF° 000, 4ro =f °�ad o ° 0 �0 ° °*�d ATTEST: 1 °°O°°°°°°°° a Approved As To Form and Legality a��, Sawa nette S.Goodall(Dec 2,202111: ST) Jannette Goodall, City Thomas Royce Hansen Secretary Assistant City Attorney Ordinance No. 24161-04-2020 Date: Dec 2,2021 Date: Nov 30,2021 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 and reporting requirements. L jsG e 0 ggf')e Lh-V t fEvelyn R erts on behalf of(Nov 30,202111:07 Janie S. Morales Development Services Date: Nov 30,2021 OFFICIAL RECORD Tier II Easement Encroachment Agreement CITY SECRETARY PN21-00116Revised 11/2020 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 30th day of November 20 21 �pRYPVe WENDY L BEARDSLEE Wendy L. Digitally signed by Wendy L. 2 Notary Public Beardslee * * STATE OF TEXAS Beardslee Date:2021.11.3014:36:21-06'00' Notary I.D. 1 33237 1 9-3 Notary Public in and for the State of Texas My Comm.Exp.July 28,2025 After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 OFFICIAL RECORD CITY SECRETARY Tier II Easement Encroachment Abreement FT. WORTH, TX PN21-00116Revised 11/2020 STATE OF TEXAS ' § COUNTY OF+ARRA*:F § BEFORE ME, the undersigned authority, a Notal-y.Public in and for�the State of vw,fit./ LI'6"r�� �-'�'6-� ��al on this day personally appeared Title) 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 ��I)t'the act and deeQ , a'x 1�(-ekndfytype ,!Md in the capacity therein stated. 9.- UQ r % *4-� GIVEN UNDER MY HAND AND SEAL OF OFFICE this ! � day o , 2001 .``%Moil. A. DULANEY Jz— Notary Public, State of Texas Notary Public in and for the y Comm.Expires 08-20-2024 'rrF OF� � Notary ID 125125425 State of��j�,� OFFICIAL RECORD Tier 11 Easement Encroachment Agreement CITY SECRETARY PN21-001 t6Revised 1112020 FT. WORTH, TX EXHIBIT A Description of the Licensee's Property Tier II Easement Encroachment Agreement Page 10 of 13 PN21-00116Revised 11/2020 Page 1 of 5 D218238952 101261201812:58 PM PGS 5 Fee: $32.00 Submitter: XEROX COMMERCIAL SOLUTIONS Electronically Recorded by Tarrant County Clerk in Official Public Records ' p�-c,{•��},�,o����,�,t,, Mary Louise Garcia NOTICE. OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE,FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER TAX RESALE DEED WITHOUT WARRANTY STAT ,,ZOF TEXAS TARRANT § un��E i(It4�fttt� Cir of Fort Worth, a municipal corporation of Tarrant County, Texas,THA"1 �e Grantor,acting b j'" NOgh Jesus J.Chapa,its duly authorizedAssistant City Manager, acting for the use and bolt „old itself and the STATE OF TEXAS, COUNTY OF TARRANT, FORT WORT: �i' NPENDENT SCHOOL DISTRICT, TARRANT .,fss COUNTY COLLEGE DISTI CT,"I' ARRANT COUNTY HOSPITAL DISTRICT, AND TARRANT REGIONAL DISTRICT, hereinafter referred to „ssi55nt collectively as "Grantor", for and tion of Ten Thousand One Hundred Ninety Two and 00/1.00 Dollars ($10,10' 0), paid; to it by Elephant Homes LLC, "Grantee",the receipt and sufficiency of which is W' b ;," cicnowledged,does convey unto „�555 the said Grantee, all of its right,title and interest acqu'4Tq4'1,`�;0r,.ld by the Grantor in and to A the following described real property situated in Tariant'Q �„ *Pxas,to wit: -iit, iif47 uC21ft7fi tin TRACT NO.3:ACCT.NO. 00834130;LOT 22 BLOCK 52,LF�`S Rfi,'HT OF WAY,OUT OF M G ELLIS ADDITION SITUATED IN THE CITY OF, I . VORTH, TARRANT COUNTY, TEXAS, AND LOCATED WITHIN THE +5� TH INDEPENDENT SCHOOL DISTRICT,AS SHOWN BY A DEED OF R ( )I N VOLUME 1724 PAGE 16 OF THE DEED RECORDS OF TARRANT CO'UI TEXAS 2820 Angle Ave M&C L-16140 EXHIBIT B Depiction of the Public Property Tier II Easement Encroachment Agreement Page I 1 of 13 PN21-00116Revised 11/2020 < 4 ( � ! , 5Y• :2• •b• S5 Y3E, .S! K f]E ' - a�/'-1�' ,a• � off 2 E „ aS- • xE2, ..h , x V x RwS! V - ]z Y'� I` - � .� 'I�. ` ��N xarcv 2:7 as at,4 xt as 'Ix xa4 a a Y t=7]` -y_-"- I� .t �n NJn t�' n•b t b I -Ti t- a 2Ox •a:n:e! alz•4 ^t'.'x`:ai it S• za" Y! µS •S z - _•j .,,: a e x w -, - •<h, :. �'? a attz t R a+ v ixa aaa �RrSzzat: 3:{ a^.a.xR Oxax ,o ? anN�ny• v R �a a:saaaa ta7 �^ ate : :xh z xa4 t tEx}L z-:.� �17 A _ - ] yes x,,. . .,. zz w.e ,.. ya ^• ,., ,t• ' at N'od - .,]"� y9�� s a s-4 5♦ a$ A ]"2] C x 4 Y x 2 5 R x E i 7 a 2 4 e f x i i]7:{ 4 a 4 E!a t'a•a L "4= ^ — -7' - _. - �x xtak Rz til7 a22raa ditdt' zx 4xa aad:ga 2E � - C `.y _ . Page 6 of 9 15-FOOT WIDE SANITARY SEWER EASEMENT BEING 2.766 SQUARE FEET(0,0635 ACRE) PART OF LOTS 11 &22, BLOCK 52 OF M. G. ELLIS ADDITION THOMAS HICKS SURVEY,A-1819 AND LOUIS CAHEN SURVEY, A-297 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS BEING a 2,766 square foot (0.0635 acre) tract of land in the Thomas Hicks Survey, Abstract No. 1819 and the Louis Cahen Survey, Abstract No. 297, Tarrant County, Texas, being part of Lots 11 and 22, Block 52 of M. G. Ellis Addition, an addition to the City of Fort Worth, as evidenced by plat recorded in Volume 63, Page 18 of the Plat Records of Tarrant County, Texas and being part of that certain tract of land conveyed to Imagene Thompson Wilson as evidenced by documents recorded in Volume 1673, Page 253, Volume 1724, Page 16 and Volume 4085, Page 507 of the Deed Records of Tarrant County, Texas and being more particularly described as follows: BEGI NG at a 5184nch iron rod with cap stamped"ARS° set in the common north line of said Lot 22 ant,E1704 ?line of Lot 21 of said addition, from which the common northwest corner of said Lot 22 and sou a tl, mer of said Lot 21 bears South 89"48'24"West a distance of 64.87 feet; nrrenre t THEtVCEoh r48'24"East along said common line a distance of 15.54 feet to a 5/8-inch iron rod with cap stampedAi in the common north line of said Lot 11 and the south line of Lot 12 of said addition, from wch th+Pcommon northeast corner of said Lot 11 and the southeast comer of said Lot 12 bears North 89°4 ' I % ;, !stance of 134.85 feet; THENCE departing sa corn n lin itt e and across said Lot 11 as follows: ilk v aj��j� `'ClllE 4;,, South 15'19'07"Ea t a dls mce of 33.99 feet to a 5/84nch iron rod with cap stamped"ARS"set; 3�ir33 ssdssssts>. North 89"48'24" East a dfstr� �ce o 31.85 feet to a 518-inch iron rod with cap stamped"ARS"set „F� In the common east Tine of s t k o#rr �,"%nd the west fine of Lincoln Avenue,a 60-foot right-of-way, from which the common northea " said Lot 11 and the southeast corner of said Lot 12 bears North 15°19'07"West a dista> Z3.99 feet zl)zj1 � THENCE South 15"19'07" East along said cor0g0 line a distance of 15,54 feet to a 518-inch iron rod with cap stamped "ARS" set for the southeast comer of safd Lot 11 and being in the north line of Lot 1. Block fit of James W. Hunter Subdivision, an addition t ty of Fart Worth, as evidenced by plat retarded In Volume 310,Page 57 of the Plat Records of tan b ,rlly,Texas; THENCE South 89'48T4" West along the common south line sald,. Ot 11 and the north line of said James W. Hunter Subdivision a distance of 150.39 feet to a corr' i<f0 tt7mon south line of said Lot 22 and the north line of Lot 5 of said James W. Hunter Subdivision, fx w�h the Common southwest comer of said Lot 22 and the northwest corner of said Lot 5 bears So, 9°>� 4"West a distance of jn 55.44 feet; ?'I'�''" «<i�r. '(UP ,,.,. y`r�� THENCE North 15"19'07"Walt departing said common line and across said Lot�� cs of 48.53 feet to the POINT OF BEGINNING; rt.n, I «011 CONTAINING within the metes recited 2,766 square feet or 0.0635 acre of land. 0 August 9,2012 Sheet 1 of 3 EXHIBIT C Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page 12 of 13 PN21-00116Revised 11/2020 LEGEND PROPERTY ADDRESS: 2820 ANGLE AVENUE LOT 12 --x— FENCE LOT 21 O BLOCK 52 OHE OVERHEAD ELECTRIC BLOCK 52 �� Qua ��` M.G. ELLIS ADDITION M.G. ELLIS ADDITION PLACE OF COMMENCING Q =fit VOL. 63 PG. 16 • PP POWER POLE VOL. 63 PG. 18 ACCOMPANYING DESCRIPTION vQ o� P.R.T.C.T. P.R.T.C.T. L1 U 1 N AA 5' BUILDING LINE PER CITY ZONING OHE �— — — — — — — — — — — — — — — — L3 \� LOT \ 5 BLOCK152 M.G. ELLIS ADDITION \ Zmn VOL. 63 PG. 18 P.R.T.C.T. OHE PLACE OF BEGINNING a z> ao ACCOMPANYING DESCRIPTION m\ 2� LOT 22 BLOCK 52 <.\ M.G. ELLIS ADDITION SEw:R \ y \ VOL. 63 PG. 18 pERMANEEpSEMENT \ Aga P.R.T.C.T. FAc`L`�zo oRT �\ 0.074 OF AN ACRE 1N OF F \ �\ OR Doc. 9. ro'\ \ 3226 SQUARE FEET \ �\ 35 D R R S.G.1. \ 0 R BUILDING MS TOP FORM ` l \ Z \ ELEVATION = 572.45' N < � OG ��� vP O p 0;\ ` O(� A F � u,o}� may\ -- — — — — — — — _ _ — Q O 5' BUILDING LINE PER CITY ZONING ceW C S0� \ t; A. 70 o TO NUMBER DIRECTION DISTANCE CITY OF FORT WORTH ROCK WALL L1 589'49'09"W 10.34' VOL, 4116 PG. 150 AND FENCE L2 S14'47'32"E 6.17 D.R.T.C.T. HUNTERS SUBDIVISION L3 S89*44'28"E 5.06' LOT 5 L4 S00'24'10"E 19.66' VOL. 3.T PG. 57 L5 N1447'32"W 20.3V P.R.T.C.T. Sketch showing Building Forms Encroachment into the Permanent Sewer Facility Easement to the City of Fort Worth recorded in Document No. D213092933 of the Real Records of Tarrant County, Texas being a portion of Lot 22, Block 52 of M.G. ELLIS ADDITION, an Addition to the City of Fort Worth, Tarrant County, Texas according to the plat thereof recorded in volume 63 page 18 of the Plat Records of Tarrant County, Texas. We marked the corners as shown hereon. �v 4 CF o o The location of Building Forms relative to the Lot lines a �ST;TF� 4 is as shown hereon. 6 9 The visible conditions along the Lot lines are as shown hereon. q ..-L N...VV.'... The basis for bearings is the Texas Coordinate System HICKEY North Central Zone NAD 83 (2011). The lengths shown -0 5420........... .,.P ��. p� hereon are horizontal ground lengths. ��yo�; �FFss o pro Prepared July 28, 2021 from previous building form �C�S...... to 4 survey dated May 1, 2021. o BROOKES BAKER SURVEYORS ' - n , BROOKES BAKER SURVEYORS ja01I j4'1 930 HICKEY COURT w� GRANBURY, TEXAS 76049 10' 0' 10' (817) 279-0232 alanh@brookesbakersurveyors.com GRAPHIC SCALE TBPLS FIRM NO. 10092800 FILE NAME: DON21\ELLIS22F.DWG DRAWN BY: DBC ESTABLISHED 1880 BROOKES BAKER SURVEYORS ALAN W.HICKEY,RPLS A PROFESSIONAL CORPORATION BROOKES BAKER(1902-1955) GAREY W.GILLEY,RPLS,LSLS TITLE AND TOPOGRAPIC SURVEYING JOHN F.BAKER(1924-1985) CONSULTANT 930 Hickey Court S.J.BAKER(1927-1999) July 28 2021 Granbury,Texas 76049 FRED M.MORRIS(1936-1999) 817-279-0232 DON W.HICKEY(1966-2012 Page 1 of 1 Fax 817-279-9694 Field notes for:(BUILDING FORM ENCROACHMENT) A portion of Lot 22 Block 52 of the M.G. ELLIS ADDITION, an Addition to the City of Fort Worth, Tarrant County Texas according to the plat thereof recorded in volume 63,page 18 of the Plat Records of Tarrant County, Texas and being a portion of the Permanent Sewer Facility Easement to the City of Fort Worth recorded in Document No. D213092933 of the Real Records of Tarrant County, Texas and described by metes and bounds as follows: The basis for bearings is the Texas Coordinate System North Central Zone NAD 83 (2011). All 5/8" capped irons set called for in this description are marked (BROOKES BAKER SURVEYORS). Commencing at a ''/2" capped iron found marked "Grant"for the northeast corner of said Lot 22, and the southeast corner of Lot 21, the northwest corner of Lot 11 and the southwest corner of Lot 12 in said Block 52, and run along the common line of said Lots 21 and 22, south 89 degrees-49 minutes-09 seconds west 10-34/100 feet to the intersection of the north line of said Lot 22, and the westerly line of said Permanent Sewer Facility Easement, then run south 14 degrees-47 minutes-32 seconds east, along the westerly line of said Permanent Sewer Facility Easement, 6-17/100 feet to the edge of a building form, and the northwest and beginning corner of the encroachment being described. Thence south 89 degrees-44 minutes-28 seconds east, along the south edge of the north building form, 5-06/100 feet to the corner of said building form. Thence south 00 degrees-24 minutes-10 seconds east, along the westerly edge of the east building form, 19-66/100 feet to the intersection of said building form, and the westerly line of said Permanent Sewer Facility Easement, from which a 5/8" capped iron recovered bears south 36 degrees-29 minutes-54 seconds east 27-04/100 feet. Thence north 14 degrees-47 minutes-32 seconds west, along the westerly line of said Permanent Sewer Facility Easement, 20-35/100 feet to the place of beginning and containing 49 square feet. Prepared July 28, 2021 from previous building form survey dated May 1, 2021. BROOKES BAKER SURVEYORS TBPLS FIRA'I NO. 1 09 800 � a �( OF F� .......r v Alan W. Hi ke � y °.:...............................:......c 4 ALAN W. 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L. � m / °' D / I o cZi 0o O z m E7 C m AnD m LEP I=_ yWNy �:m0 .11 m v o N a^ N WAM 2 v m Ir -Pczt r0 a Im � m CD o Z, I O ��ME00 b ZAN -p Z I CO>"L4 n0-1 co rzN ;O. .10.11� 0 ul y cr m�Z�G�j�tJ�N I� ydN y�UW Ch W mI y� D flN IN O00000 �Z �y S W N c g o m n pp=1 z m Z I� mi W0 sowco of �6 JDOO In N Z m 0 I cZi Nn irg 9 ' y` '+i v m 7z� I it bay 3 �, Z N ON � O o-W X h p m I ,h� r0i �NSn�tn 3Z£���� ANo y 4yZ b qyr .pf m�pr Nj O A r` mW o"Z OD�< (�O -( bOfCf p -V{QOS'+1 ~• pOON 00 .Z1 n'p Ny a Z% W o IROy R 4p 3 t£R fp g EXHIBIT D Certificate of Insurance Tier II Easement Encroachment Agreement Page 13 of 13 PN21-00116Revised 11/2020