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HomeMy WebLinkAboutContract 56868 Date Received: 12/20/2021 Permit Number: PN21-00136 Time Received: 11:34 am City Secretary No.: 56868 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT IIER II 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 NH — FORT WORTH OWNER, LLC, a Delaware limited liability company ("Licensee"), acting by and through its duly Authorized Signatory. RECITALS WHEREAS, Licensee is the owner of the real property located at 2101 Joel East Road, Fort Worth, Texas 76140 ("Property"), being more particularly described in the attached Exhibit"A"which is incorporated herein for all purposes; and WHEREAS, the City is the owner of a certain Permanent Sewer Facility Easement located on the Property (the "Public Property") attached as Exhibit `B," which is incorporated herein for all purposes, and as in the plat records of Tarrant County as plat number FP 18-098; and WHEREAS, Licensee desires to construct, place, and maintain certain improvements which will encroach in, on, above, or below the Public Property; 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 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 Public Property as described in and at the location shown on Exhibit "C," but only to the extent shown thereon, for the purpose of constructing, installing, and maintaining a private storm drain (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 OFFICIAL RECORD Tier II Easement Encroachment Agreement CITY SECRETARY PN21-00136 FT. WORTH, TX 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. 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 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 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. 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 Tier II Easement Encroachment Agreement Page 2 of 13 PN21-00136 Revised 11/2020 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 presently contemplated or not, that the parties agree to negotiate in good faith in order to accommodate both the Encroachment and the public purpose. Tier II Easement Encroachment Agreement Page 3 of 13 PN21-00136 Revised 11/2020 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 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 for the Encroachment as depicted in Exhibit C. 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 "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 PN21-00136 Revised 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 PN21-00136 Revised 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 PN21-00136 Revised 11/2020 City: Licensee: CITY OF FORT WORTH MI—FORT LC, a Delaware mi il' p By:DJ Harrell 15,202114:05 CST) By: J � D.J. Harrell, Director of the N e: Peter ichler Development Services Department Title: Authorized Si ng atory Date: Dec 15,2021 Date: �� 2 ATTEST: Approved As To Form and Legality J ette S.Goodall(Dec 17 202113' City Secretary Thomas Royce Hansen Jannette Goodall Assistant City Attorney Date: Dec 17,2021 Ordinance No. 24161-04-2020 �oa�`c``�R Date: Dec 15,2021 �0000000jO ��d� ���►O /000 ��� Contract Compliance Manager: 0,00~0 '0 By signing I acknowledge that I am the person ° o=� responsible for the monitoring and administration ° ,d of this contract,including ensuring all performance 0000000 ICY and reporting requirements. ��SEX Asap Evelyn roberts on behalf of(Dec 15,2021 12:0 CST) Janie S. Morales Development Services Date: Dec 15,2021 OFFICIAL RECORD Tier II Easement Encroachment Agreement CITY SECRETARY PN21-00136 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 16th day of December 20 21 WendL. Digitally signed by WendyL. �yp� WENDY L BEARDSLEE Y . Beardslee �P 6 Beardslee Date:2021.12.1611:16:39 z %, Notary Public 06'00' * * STATE OF TEXAS Notary Public in and for the State of Texas Notary I.D. 13323719-3 OF 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 Tier II Easement Encroachment Agreement CITY SECRETARY PN21-00136 FT. WORTH, TX STATE OF § COUNTY OF § On ,2021,before me,the undersigned,a notary public in and.for said State,personally appeared ,personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and tbat,by his/her/their signature(s)on the instrument,the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Notary Public My Commission Expires: PLEASE SEE ATTACHED CALIFORNIA NOTARY ACKNOWLEDGMENT Tier II Easement Encroachment Agreement Page 9 of 13 PN21-00136 Revised 1.1/2020 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles ) On DECEMBER 10, 2021 before me, Yelena Cisadchaya Notary Public (insert name and title of the officer) personally appeared PETER E ICHLER who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. l certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and o seal. th YELENAOSADCHAYA 3 Notary Pubtic•California Los Angeles County Y ° Commission#2331092 Comm,Expires Aug 26,2024 Sign re OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Exhibit A to Special Warranty Deed Leizal Description Lot 5, Block A, CARTER DISTRIBUTION, an Addition to the City of Fort Worth, Tarrant County, Texas, according to plat filed for record under Clerk's File No. D219111864, Deed Records of Tarrant County, Texas. Special Warranty Deed-Misfits V 10 10-5-2021 (clean)(002) File: K:\FTW_Cvil\,061J10005— Rob Rlner — Project Rudolph\DwgAE.hmlts\E_Encroachment.dwg [E1 — Vicinity] 8/11/2021 4:16pm Xrefs: x Fe.dwg x xist—site.dwg xstrm.dwg x xis{—utilAwg xbndydwg X1185—L.dwg Images: `/ n D r m - �_ z a � a D VALL RODERS I Z O :0 SNOVM _ O AHER150R C_ OW amw m M cRM n LA m II 1 I J I �a S I m II 4f RI '^WU D I r.m O IR �s m I (Zip AIT L� F n rt S EWALL m m (7 �M m < r = m m 0 awe m IT I Cn> o � II � I II c� I - - - - - - - - - - D - - z no m LOT 13J,BLOCK 13 X z SHELBY COUNTY SCHOOL LANDS O (VOL.388-150,PG.87) > m JACKIE PRESLEY (INST.NO.0206079862) m O T Z � O V ep� T 0 File: K:\FTW—Civil\061310005— Rob Rlner — Project Rudolph\DwgAE.hmlts\E—Encroachment.dwg [E2 — Plan] 8/11/2021 4:16pm Xrefs: -Fe.dwg x xist—site.dwg xstrm owe x xis{—util.dwg xbndydwg X1185—L.dwg Images: O V J D O= 0 N OD r m z m m m LOT 5, BLOCK A O CARTER DISTRIBUTION N W m (INST.NO. 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A3 p� apse m o2 ki � :P cs 3 %.NOa %$ s 5 of $ G ANAL P r-✓OEL EASTNOAO Page 1 of 12 D217040913 21231201712:16 PM PGS 12 Fee: $60.00 Submitter: XEROX COMMERCIAL SOLUTIONS Electronically Recorded by Tarrant County Clerk in Official Public Records Mary Louise Garcia 100692, Carter Distribution Center Parcel ##2 NEC of Oak Grove Road and Joel East Road Lot-21R, 3, and 4x, Blk-A, Carter Distribution Center STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT § CITY OF FORT WORTH PERMANENT WATER FACILITY EASEMENT `E�EE�Ei. DATE: Janus yi'i. 017 �ccc GRANTOR: AMOrr �s4ER FOUNDATION «, �1i "�III GRANTOR'S MAILING A ciuding County}: 201 MAIN ST, SUITjgl40443 FORT WORTH, TA I t t 1T o,OUNTY, TEXAS 76101 GRANTEE: CITY OF FORT WORT)""" 011151 GRANTEE'S MAILING ADDRESS (including`€iC ty): 200 TEXAS ST. FORT WORTH, TARRANT COUNTY,TK 41 nisi{" ttttti' iiii' '1.1' CONSIDERATION: Ten Dollars ($10.00) and other gal arm valuable consideration, the receipt and sufficiency of which is hereby acknowledged. ;ffff \4444' `rrr. " iiii} <(;rjj{{M s sis' PROPERTY: Being a portion of that certain tract situated in the"WPM ' b9ty School Land Survey, Abstract No. 1375, being part of the 194.70 ikr „ii.Wk,Nas recorded in Volume 3587, Page 314, Deed Records, Tarrant County ,I;A,,, qdi{}being more particularly described in Exhibit A and B„ " 1 ��" . «� Grantor, for the Consideration paid to Grantor and other good and valuable c�do' s' kti hereby grants, sells, and conveys to Grantee, its successors and assigns, an perpetual easement for the construction, operation, maintenance, replacement, upgrade;' repair of a Permanent Water Main Facility, hereafter referred to as "Facility". The Fac includes all incidental underground and aboveground attachments, equipment and appurtenances, including, but not limited to manholes, manhole vents, lateral line connections, Permanent Water Facility Easement Rev.0611512016 Foe xs Page 2 of 12 valves, pipelines, water meters, junction boxes in, upon, under and across a portion of the Easement Property and more fully described in Exhibit "A" attached hereto and incorporated herein for all pertinent purposes, together with the right and privilege at any and all times to enter Easement Property, or any part thereof, for the purpose of constructing, operating, maintaining, replacing, upgrading, and repairing said Facility. In no event shall Grantor (1) use the Easement Property in any manner which interferes in any material way or is inconsistent with the rights granted hereunder, or (II) erect or permit to be erected within the Easement Property a permanent structure or building, including, but not limited to, monument sign, pole sign, billboard, brick or masonry fences or walls or other structures that require a building permit. However, Grantor shall be permitted to install and maintain a concrete, asphalt or gravel driveway, road or parking lot across the Easement Property. Grantee shall be obligated to restore the surface of the Easement Property at Grantee's sole cost and expense, including the restoration of any sidewalks, driveways, or similar s0ce improvements located upon or adjacent to the Easement Property which may have be0h raved, relocated, altered, damaged, or destroyed as a result of the Grantee's use of the E' m nt Property granted hereunder. Provided, however, that Grantee shall not be obligated to)T"e or replace irrigation systems or other improvements installed in violation of the provisions ar l. i t ed use of this Easement Property. lilt EIIE TO HAVE AND T �t�� {4EE he above-described Easement Property, together with all and singular the rights and irten nces thereto in anyway belonging unto Grantee, and Grantee's successors and assigns forr, end Grantor does hereby bind itself and its successor and assigns to warrant and for4 er`bef# I'd all and singular the Easement Property unto Grantee, its successor and assigns, again jje, FFF erson whomsoever lawfully claiming or to claim the ttttt same, or any part thereof. tttttt'` When the context requires, singular n1oi 's„a 'pronouns include the plural. ayy,i [SIGNATURES APPEA"SHE FOLLOWING PAGE] EEEEE 1111, AV ttttti' ii .. «aaaaaa. •r=llllllllEEr eeeat))))r, CCCCS E}ii ;ffff \4444' zzz2««« «litttil tfsssE '€ll{61 E16iE. i!i �lll t��t Permanent Water Facility Easement Rev.0 6/1 512 01 6 FOR111 x Page 3 of 12 GRANTOR: Amon G. Carter Foundation a Texas non-profit corporation GfAzt1_ W. Patrick Harris, EVP GRANTEE: City o ort Worth 0 zEEEEi j � '`ff'fnnne t{I{{7{ttt€ By�S1�ature): t{11SS` Steve Coo «<<„ ,Property M� �fement Director (Print Name yt ,:: APPROVED AS TO FORM AND LEGALITY i jl� € � gnature) ii FFFFi. ff/f/3'DJ� l� J '�1' ` r SSSSSSSif!""! 011151 THE STATE OF TEXAS § COUNTY OF TARRANT § 'Alr' 'AV ACKNOWLEDG N� 10K . „ . BEFORE ME, the undersigned authority, a Notary'fib i jj nd for the State of Texas, on this dayW. Patrick Harris, known to "l personally a p �' eared pP to `�e,33he same person whose name is subscribed to the foregoing instrument, and acknowledge"taiie twat the same was the act of Amon G> Carter Foundation a Texas non-profit corporatio ",, `�t he executed the same as the act of said corporation the purposes and consideration tsed and in the capacity therein stated. 00M �Kh" GIVEN UNDER MY HAND AND SEAL OF OFFICE this 27th day of 0 `7 TERRY L.WOODFIN # `* Notary Pubic STATE OF TEXAS " my Comm.Exp.Sept 14,2D19 Notary P He in and for Wie State of Texas Permanent Water Facility Easement Rev.06115l2016 Page 4 of 12 ACKNOWLEDGEMENT 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 �IL-e-- of the City of Fort Worth, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act;,pf the City of Fort Worth and that he/she executed the same as the act of the City of Fort Wor"r the purposes and consideration therein expressed and in the capacity therein <�����° 4ii�3. stated. L CC4c .�Siiiij.����3i G1VETiUNN 09R MY HAND AND SEAL OF OFFICE this 2 s * day of cc (Alk tt E?0 ! 7755777.7. ���ffl�if f((((f ..... 3IIIIII:} EiiEE Notary Public in and for the State of texas RICARDO SALAkIR.,i1 ;;,,: FF; __. Notary Public.State ofiixas :s)} r= My Commission ExpiY ,,,, 4}" z Fetruary 25,2018 1 11114s", >>ffffffi> 011151 1�11,1,11 r! 77777 'AV ttttti' ii .. «aaaaaa. •r=llllllllEEr eeeat))))r, CCCCS E}ii �ffff4 \4444' zzz2««« «litttil tfsssE '€II{61 E16iE. ffffffi ii(ai" 0ME , . "h" �lll t�f4 � �V' Permanent Water Facility Easement Rev.061l 5/2016 Fol� r WORTH. Page 5 of 12 EXHIBIT "A" 15-FOOT PERMANENT WATER FACILITY EASEMENT Part of Amon G. Carter Foundation Tract Shelby County School Land Survey, Abstract No. 1375 City of Fort Worth, Tarrant County, Texas DESCRIPTION, of a 2.245 acre (97,796 square foot) tract of land situated in the Shelby County School Land Survey, Abstract No. 1375, City of Fort Worth, Tarrant County, Texas; said tract being part of that called 194.70 acre tract of land described in Second Correction Special Warranty Deed to Amon G. Carter Foundation recorded in Instrument No. D205085655 of the Official Public Records of Tarrant County, Texas; said 2.245 acre (97,796 square foot) tract being more particularly described as follows(bearing system for this survey is based on the Texas State Plane Coordinate System - NAD 83, North Central Zone 4202, based on observations made an March 21, 2016 with a combined scale factor of 1.00012): COMMENCING, at a "+" cut in concrete found in the east right-of-way line of Oak Grove Road (a 120-foot wide right-of-way); said point being the southwest corner of Lot 2R, Block A, Carter Distribu ' " Center, an addition to the City of Fort Worth, Texas according to the plat recorded in Instru nt., - D214117642 of said Official Public Records; from said point a"+" cut in concrete founct ,t,trsotheast corner of Lot 2R bears North 89 degrees, 29 minutes, 08 seconds East, a distance feet; feet; '"' frr t�Oil". All"I'll THEN dtt ou` ;00 degrees,46 minutes, 46 seconds East, along the said east line of Oak �;;., Grove Rdi dtt,a distance of 36.00 feet to the POINT OF BEGINNING; iIIIIII,: '``ii THENCE, North 89 d�r94s minutes, 08 seconds East, departing the said east fine of Oak Grove Road, a distance of� 56, 4 feet to a point for comer; lflU��' THENCE, North 00 degrees, 30hin, 52 seconds West, a distance of 12.00 feet to a point for corner; F}UP THENCE, North 89 degrees, 29 minut, ', Q&fonds East, a distance of 15.00 feet to a point for corner. »»> ; ' THENCE, South 00 degrees, 30 minutes, 52 seconds East, a distance of 12.00 feet to a point for corner; THENCE, North 89 degrees, 29 minutes, 08 secondi 5555 tance of 10.86 feet to a oint for g ;. » P comer "l, ,. THENCE, North 00 degrees, 30 minutes, 57 seconds West,.b"d1Wh'i ',,of 36.00 feet to a point for corner, .a33333 ,iiiitt,. [ll ' THENCE, North 89 degrees, 29 minutes, 08 seconds East, a distan oo f J:�1���•�eet to a point for corner; THENCE, South 00 degrees, 30 minutes, 57 seconds East, a distance of 36" point for corner; ol THENCE, North 89 degrees, 29 minutes, 08 seconds East, a distance of 377.88 fie ;int for corner; THENCE, North 00 degrees, 30 minutes, 52 seconds West, a distance of 12.00 feet to a port for comer, PAGE 1 OF 8 Page 6 of 12 EXHIBIT "A7l 15-FOOT PERMANENT WATER FACILITY EASEMENT Part of Amon G. Carter Foundation Tract Shelby County School Land Survey, Abstract No. 1375 City of Fort Worth, Tarrant County, Texas THENCE, North 89 degrees, 29 minutes, 08 seconds East, a distance of 15.00 feet to a point for corner; THENCE, South 00 degrees, 30 minutes, 52 seconds East, a distance of 12.00 feet to a point for comer; THENCE, North 89 degrees, 29 minutes, 08 seconds East, a distance of 221.14 feet to a point for comer; THENCE, North 00 degrees, 30 minutes, 51 seconds West, a distance of 12.00 feet to a point for corner; THEI pgrth 89 degrees, 29 minutes, 08 seconds East, a distance of 15.00 feet to a point for comer=,.......... THENCE, So j'06'Q 0#agrees, 30 minutes, 51 seconds East, a distance of 12.00 feet to a point for corner; t s ` off ((f �lC��fs THENCE, North 8 l��gj.a. 'E 9 minutes, 08 seconds East, a distance of 1,134.90 feet to a point for corner, THENCE, South 00 degres, i!!llnutes, 31 seconds East, a distance of 966.92 feet to a point for corner in the north right-of- 0 oaf Joel East Road (a 50-foot wide right-of-way); THENCE, South 89 degrees, 29 n1'I s,al seconds West, along the said north line of Joel East Road, a distance of 20.00 feet to a po�-"-"fgr„ tner; THENCE, North 00 degrees, 37 minutes, 31 soihds West, departing the said north line of Joel East Road, a distance of 75.97 feet to a pointer corner; THENCE, South 89 degrees, 22 minutes, 29 secondfesa distance of 19.50 feet to a point for comer, �SSSS` 'A tSSSSE' THENCE, North 00 degrees, 37 minutes, 31 seconds Wes „ da a of 15.00 feet to a point for comer; CCCCS ii' ;ffff 4444' THENCE, North 89 degrees, 22 minutes, 29 seconds East, a distartc „ `19,,§0 feet to a point for comer; ««< ,a THENCE, North 00 degrees, 37 minutes, 31 seconds West, a distance of", to to a point for comer; THENCE, South 89 degrees, 22 minutes, 29 seconds West, a distance of 17.17 fe 10 int for corner; ttttcaa THENCE, North 00 degrees, 37 minutes, 31 seconds West, a distance of 15,00 feet to a poi comer; / PAGE 2OF8 Page 7 of 12 EXHIBIT "A" 15-FOOT PERMANENT WATER FACILITY EASEMENT Part of Amon G. Carter Foundation Tract Shelby County School Land Survey, Abstract No. 1375 City of Fort Worth, Tarrant County, Texas THENCE, North 89 degrees, 22 minutes, 29 seconds East, a distance of 17.17 feet to a point for corner; THENCE, North 00 degrees, 37 minutes, 31 seconds West, a distance of 387.73 feet to a point for cornier; THENCE, South 89 degrees, 29 minutes, 08 seconds West, a distance of 3,841.37 feet to a point for corner in the said east line of Oak Grove Road; THENCE, North 00 degrees, 46 minutes,46 seconds West, along the said east line of Oak Grove Road, a distance of 20.00 feet to the POINT OF BEGINNING; CONTIIw 97,796 square feet or 2.245 acres of land, more or less ```EEEEi. 33 II 'I, lllllllll �f (A survey p `gyen survey date herewith accompanies this description.) The undersigf�etered Professional Land Surveyor, hereby certifies that the foregoing description accur tsEout the metes and bounds of the easement tract described_ . OF. F�c Ij j1€ 'lllt" n, tP �j S Ter**-. [l� .y o=CAA J i 4s 1 I R i •.........a• Rene.Silvas Date �REN SICVAS FFFFF` •. .................... Registered Professional Land Surer w. 5921 5921 y. Pacheco Koch LLG 6100 9 ssi° y Western Place, #1001, Fort Worth U R (817) 412-7155 TX Reg. Surveying Firm LS-10193824 2685-16.131 EX4.doc 2685-16.131 EX4.dwg RMT AV ttttt€' ii .. «aaaaaa. •r=llllllllEEr eeeat))))r, CCCCS E}ii ;ffff \4444' zzz2««« «0 «litttil tfsEssE �lll t��t � �V, PAGE 3 OF 8 EXHIBIT C Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page 12 of 13 PN21-00136 Revised 11/2020 Page 8 of 12 I I [EX O o 07 VOW LOT 2R, BLOCK A CARTER DESTRIBUTION CENTER I I (INST. NO. D214117642) 3 20' RANGE TEXAS PRODUCTION, LLC � - EASEMENT AND RIGHT—OF—WAY O (INST. NO, D20Z13975,54) C7 I \ I I 24' PRIVATE ACCESS EASEMENT \ (CAB. A. SL. 12121) N '+CUT IN CONCRETE (INST. NO. D21 41 1 7 6 42) I FOUNiDD'(C.M.) ' a 00 Vi r` w N '89'2908 648.45'— i •+" CUT IN CONCRETE to P.0 .$f I FOUND (C.M.) a �rJ � — N 89'29'08" E 2056." N o0•46'4s'«�II' r rTruE�''�� S 89029'08" W 3841.37` ; ul t . TRACT 15—FOOT PERMANENT M ACCESS EXHIBIT gQAO EASEMENT WATER FACILITY a (1i...tsss rrrrrr�rr�...... (INST. N0. D214129686) EASEMENT 2.245 ACRES t M : G. CARTER FOUNDATION 4( ,,OF FIRST TRACT ,1J3; s s s ttfYOLffff 3587, PG. 314) LEGEND ��� PROPERTY LINE x ART QE;,`94.70 ACRES — — EASEMENT uNr (INSTI,€Nb D.2055085655) PROPOSED EASEMENT IUNE O POINT FOR CORNER (UNLESS OTHERIMSE NOTED) CONTROLLING MONUMENT 0 N (����� Pi 0■B.— POINT OF BEGINNING zv Q 25 50 100 P.O.V.- POINT OF COMMENCING �������.����� zzzzzzzzzz> V GRAPHIC SCALE IN FEET "''� ��"` Eiiiiii iEE 3)))) , ' < te.M�� and bounds description of even suey d6le;};,herewith accompanies this plat ««<EEE °O The undeRS MDi ned, Registered Professional of y,,I,,,E' Lund Surveyor, hereby certifies that this plat of €€€€ II ««ll rr«r N survey accurately sets out the metes and �E. F-Tic 2. Bearing } � ,r,�i this survey is based — m bou of the easement tract described. 't4`'Cs1grFA%;fq . the Texas==, at�tt`" ane Coordinate System — N y;�`4 Fa S NAD 83, Nor > a�; Zane 4202, based on observations "�� s Rich 21, 2016 with a n - REN -SILVAS combined scale"19pt ffl� �0012. of b a s9a1 *�0 15-F 4T RIM 11 NT R Slivas Date F Ss+o O''-...... �,� ,.. IL Registered Professional 30� WATER FA ` 17 Land Surveyor No. 5921 M.N E"ASEiL M 1 6100 WESTERN PLACE, SUITE 1001 "' PART 0; Pacheco Koch FORT WORTH, TX 76107 517.4127155 AMON G. CARTER FOUNDOON TRACT N TX REG. ENGINEERING FIRM F-14439 SHELBY COUNTY SCHOOL LAND SURVEY, TX REG. SURVEYING FIRM LS-10193824 ABSTRACT NO. 1375. nrrwsrlver c�+IFcxeo ar sc�cE n.1r> ,+1oe NAW R CITY OF FORT WORTH, TARRANT COUNTY, TEXAS rn FtMT RS/PMI3 1"=50' DEC. 2016 2685-18.131 PAGE 4 OF 8 Page 9 of 12 [EX l OBUT W B W 0 25 50 100 GRAPHIC SCALE IN FEET AMON G. CARTER FOUNDATION PART OF FIRST TRACT (VOL, 3587, PG. 314) PART OF 194.70 ACRES as' �RIVATe A'ATF4 FASEUENT (INST. NO, 0205085655) 4(EY PLAT) — ""'/ -JBLIC WATE° EASEMENT -� Ali (-3( PLAT) N 00 30°€4:� 36 ,_' N 89'29'08" E t N 89.29'08 E,;«__ 15.00' w 15.00� _» ,. ,,,, rr N 89'29'08" E S OD'30'S2" E� W N 00730 52 W S QO'30 57 E 15.00' a Q ffftffsssf rat .,, r 12.00' a. 1 z.OQ 36.00 0- W N 89029'08" E N 89'29'08" E N DO'30'52" W N 89'29'08" E W 2056.64' ""' 377.88 A 12.00' 221.14' v W „ 5,,, ,,,,, W 9 z FFi. 7 �S+ �Ri� t = S 00'30'52" E N9 29' # " E S 89'29'08" W 3841.37'Ld _ x //� }�y� "`"" 15—FOOT PERMANENT 7T � 1 lam.�Q' 1�.V6' €€€€€€ SSSSSSSffffff'>, WATER FAOUTY E """ EASEMENT � ' AMON G_ CARTER FOUNDATION 2.245 ACRES c�yyyyy PART OF FIRST TRACT (97,796 SIF) (VOL. 3587, PG. 314) u€ •ttkk; 'AV >- PART OF 194.70 ACRES (INST. NO. D205085655) .:........... . i� 33333. 1. A ���Tnete and bounds description of even wipyey t#i;,herewith accompanies this Plat «.. LEGEND of PROPERTY LINE ?rrrr aff, EASEMENT LINE 2. Bearing' fmafOr this survey is based on PROPOSED EASEMENT the Texa ii' t ' 'r7PIape Coordinate System — LINE NAD 83, NortFl a Zone 4202, based on 3 0 POINT FOR CORNER observations mo"' e,m— Arch 21, 2016 with a (UNLESS OTHERWISE NOTED) combined scale `t t' 00012. 3 (C.M.) - CONTROLLING MONUMENT P.Q.B.- POINT OF BEGINNING 15+00T ANENT �I�Lf;Y a A 0.;,//'t.- POINT OF COMMENCING WATER F 1 o E,'TOq WESTERN PLACE SUITE EASEIIAE E ,q01 PART OF Pacheco Koch FORT woRi}i. TX 76107 817.4,27155 AMON G. CARTER FOUNDATION TRACT TX REG. ENGINEERING FIRM F-14439 TX REQ SURVEYING FIRM LS-10193824 SHELBY COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 1,375, ilwly ar ccxm sr scAcF crrrF doe CITY OF FORT WORTH, TARRANT COUNTY, TEXAS J RMT RS/PMD 1"=50' DEC. 2016 2685-16.131 PAGE 5 OF 8 Page 10 of 12 0 25 50 100 GRAPHIC SCALE IN FEET ' AMON G. CARTER FOUNDATION PART OF FIRST TRACT (VOL_ 3587, PG. 314) I• ((PART OF 194.70 ACRES W «<tc Ei 0111(INST NO. D205085655) C3 N 89'29'08" E d 15.00' cwr� N 00'30'51" W S 00'30'51" E y .� 12.00 12.00 + ��fClfffff IIh��=,, " n Z � !�" 8 E 221.14 N 89'29 08 E 1134.90 3 4 11 99 29'08" W 3841.37' a 333)))' iiiiii FFFFt. 15—FOOT PERMANEIV AMON G. CARTER FOUNDATION WATER FACIUTY ?3?1� PART OF FIRST TRACT EASEMENT ____, (VOL. 3587, PG. 314) �;t�'" iiitft�a:::: 2.245 ACRES � PART OF 194.70 ACRES IWO (97,796 SF) (INST. NO. D205085655) 5 N 'AV � iuuF d. ,iittti• .............. ....... 1. A <Metek4 and bounds description of even suoy dtl gtqt ,herewith accompanies this plat. «<. LEGEND of — — — — PROPERTY LINE tirll r`I EASEMENT LINE 2. Bearing }d'�� Imo, this survey is based on PROPOSED EASEMENT the Texa�'''F' Qt*,s ane Coordinate System N,40 83, Norte Ii Zone 4202, based on POINT FOR CORNER p observations March 21, 2016 with a (UNLESS OTHERWISE NOTED) combined scale "I fro 0012. �"`(» ss (C.M.) -- CONTROLLING MONUMENT P.O.B.- POINT OF BEGINNING 15~FO.OTNENT EL A ■�■{./■- POINT OF COMMENCING WATER FA �.1: EASEME s 11100 WESTERN PLAOE. SUITE 1= PART O APacheco Koch FORT F WORTH. TX 76107 817.412.7155 AMON G. CARTER FOUNDATION TRACT N TX REG. ENGINEERING FIRM F-14438 SHELBY CO<dM1f SCHOOL LAND SURVEY, TX REM SURVEYING FIRM LS-10193824 Agy�q� NO. i LAN < dv.Iws ar cr,Fcxeao ey sc a�r� Leos xu�Isr CRY OF FORT WORTH. TARRANT CO(JNTY, TEXAS RMT RSfPMD 1"=50' DEC. 2016 2685-16.131 PAGE 6 OF 8 Page 11 of 12 [EXHUMT log 0 25 50 100 GRAPHIC SCALE IN FEET I AMON G. CARTER FOUNDATION PART OF FIRST TRACT (VOL_ 3587, PG. 314) PART OF 194.70 ACRES (INST. NO. D205085655) i W N 89 29'08" E 1134.90' i W - _ cn v � - W fl �yy{[ z EEi�Y� V'M/� 8" W 3841.37' <'i'innne t{{{{7tttt3 f . 15—FOOT PERMANENT F' ��� WATER FACILITY j EASEMENT n � 1 (0 '"�rr��„rsssss� rrrrrr�rr�F 2.245 ACRESDo to 97,796 SF W AMON G. CAR NDI T10N 3 I PART OF FIRST T, I✓T m (VOL. 3587, PG 44f'�����ffff; X PART OF 194.70 Aft «'$` i j 0 (INST. NO. D2050856A I En "'«Illt fffi> O a u A �, z W m s N Q � I U iJfJ,JJJ r� cck� uuE ATCH LINE (SEE PAGE 8) IS g 1. A �� ete and bounds description of even su' ey ddtg3,herewith accompanies this plot f ; LEGEND of PROPERTY LINE FnsauENT LINE 2. Bearing, this survey is based on PROPOSED EASEMENT the Te)(diNStq '3P1ane Coordinate System LINE NAD 83, Nor,, Obl#*, Zane 4202, based on POINT FOR CORNER observations m e;,, IAch 21, 2016 with a (UNLESS OTHERWISE NOTED) � combined scalef," ��������0032. �3 (C.M.) - CONTROLLING MONUMENT - -- P.O.B.— POINT OF BEGINNING 15-FOOT P "ENT INF Q 1; a P.D.C.- POINT OF COMMENCING WATER FA N EASEMENT ^ stoO WESTERN PL�,cE, sane torn PART OF Pacheco Koch FORT YfORTF{, TX 1a� 517.4127155 AMON G. CARTER FOUNDATION TRACT TX REG. ENGINEERING FM F-14439 N . ........-- TX REG. SURVEYING FIRM LS-10193524 SHELBY COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 1375. s awnwav er CAWCKM sr 8"LE narF .xse R CITY OF FORT WORTH, TARRANT COUNTY, TEXAS Fn RMT RS/PMD 1.-50- DEC. 2016 2685-16.131 PAGE 7 OF 8 Page 12 of 12 MATCH LINE (SEEPAGE 7) nn IP MATCH LINE (SEE "A") 2MMMMnno U f E x W U o W N 00'37'31" W 387.732 N 89022'29" E 17.17' C4 rri N 00'37'31" W 0 25 50 100 y'O- 15.00' N S 89.22'29" W GRAPHIC SCALE IN FEET 3 17.1T CV 1h CA CV to r j 4t CV co O 11-6 a' N 89'22'29"LO E a :- d• 19.50' N 00'37'31" W a x_ 15.00 %% _ cn S 89'22'29A W ff'fnnne t{{{{ftttt3 0 19.50' M O = 15—FOOT PERMAND(V 'A i� U B7 fi WATER FACILII ,,��;_ , EASEMEfT 2.245 ACRES ` ° � z (97,796 SF) j . „j„ S 89* 9'08" W �Illl i�� JOEL EA S T 20.00' . O IIIII . ffr � AMflN G. CARTER FOUNDAT]ON !!!i,' ?a� PART OF FIRST TRACT �O�(VOL. 3587, PG. 314) €' ;:ffffff( PART OF 194.70 ACRES (INST. NO. D205085655) LN S 1♦ A MATCH LINE (SEE 'A") Alr`"` } 'a, ii v Ir 1� VAAAAA������� .>}�izzzzzzzz�i ,zz t and bounds description of even n s ey Xi`tf,; herewith accompanies this plat LEGEND of'� dmfE eyn , m — — — -- PROPERTY LINE EASEMENT LINE 2• BB4fInCJr this survey is based an % PROPOSED EASEMENT the Texd k q*,7 lane Coordinate System — — LINE NAD 83, Norte I ' Zone 4202. based on � POINT FOR CORNER p observations e;jqn Rqrch 21, 2016 with a e (UNLESS OTHERWISE NOTED) combined scale"'I o 0012. (C.M.) - CONTROLLING MONUMENT P.O.B.- POINT OF BEGINNING 15-FOOT PE � NENT .... P.O.C.- WATER FA" t Y POINT OF COMMENCING NEASEMENT`"' 6100 WESTERN PLACE, SUITE 1041 Pacheco Koch FORT WORTH, TX 76107 a17.4is.7i55 P�.r OF <'' AMON G. CARTER FOUNDATION TRACT C' Tx Rec. suRve C Tx REG. ENGINEERING FIRM01 39 SHELBY COUNTY SCHOOL LAND SURVEY. �nNO FIRM Ls-1-t0193824. ABET NO. 1375, IWAN0 er CNE"9 v ar scALE CATS d409'Nuumm CITY OF FORT WORTH. TARRANT COUNTY, TEXAS RMT RS/PMD 1"=50`... DEC. 2016 2685--16.131 PAGE 8 OF 8 File: K:\FTW—Civil\061310005— Rob Rlner — Project Rudolph\DwgAE.hmlts\E—Encroachment.dwg [E3 — section] 8/11/2021 4:15pm Xrefs: -Fe.dwg x xist—site.dwg xstrm owe x xis{—util.dwg xbndydwg X1185—L.dwg Images: n D r m II II� cn U' _ p 1 X_ M N K=1 z 00 D X D00 m� �m z mz Cn O O1 '—` O -I D a �I 00 U1 O D Z 0 O m m Cn O M F-9 O z n o �] , O CA n O Z X CACA >z —M M-- CA NN 0) � mz � OD z cn M ° O cn O N cn O m qu op m� ;0;0 X O om Cf) CA 00 CA fTl zw o$ n 0 0 M 0 O z oil r� ov e = 0 EXHIBIT D Certificate of Insurance Tier II Easement Encroachment Agreement Page 13 of 13 PN21-00136 Revised 11/2020