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HomeMy WebLinkAboutContract 56923 Date Received: 01/04/2022 Permit Number: PN21-00192 Time Received: 4:35 pm City Secretary No.: 56923 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER 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 Abra Realty, Inc, a(n) a Texas for profit corporation ("Licensee"), acting by and through its duly authorized President. RECITALS WHEREAS, Licensee is the owner of the real property located at 4401 North Freeway, Fort Worth, Texas 76106 ("Property"), being more particularly described in the attached Exhibit "A" which is incorporated herein for all purposes; and WHEREAS, the City owns a sanitary sewer easement (the "Public Property") adjacent to the Property as shown in the attached Exhibit "B," which is incorporated herein for all purposes, and as recorded in the deed records of Tarrant County by instrument number D215040680; 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 line (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 PN21-00192 CITY SECRETARY 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 PN21-00192 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. 9. Tier II Easement Encroachment Agreement Page 3 of 13 PN21-00192 Revised 11/2020 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 $190009000 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. 11. Tier II Easement Encroachment Agreement Page 4 of 13 PN21-00192 Revised 11/2020 Licensee agrees to deposit with the City when this Agreement is executed a sufficient sum of money to be used to pay necessary fees to record this Agreement in the real property records of 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 PN21-00192 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 PN21-00192 Revised 11/2020 City: Licensee: CITY OF FORT WORTH Abra Realty, Inc A Texas for profit corporan�-'/ on behalf of By: By: J� D.J. Harrell, Director of the Name: Daniel P McCormack Development Services Department Title: President Date: Jan 3,2022 _ Date: �- WQLn �� °�°Rr0 ~g° °0 0. ATTEST: Approved As To Form and Legality ° °0000 o ,�Glb/bIG��G cS GDOGfGIGG �EXAsoap Ju. � n�a Jannette Goodall, Thomas Royce Hansen City Secretary Assistant City Attorney Date: Jan 4,2022 Ordinance No. 24161-04-2020 Date: Dec 28,2021 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. Janie S. Morales Development Services Date: Dec 28,2021 OFFICIAL RECORD CITY SECRETARY Tier II Easement Encroachment Agreement PN21-00192 FT. WORTH, TX STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and for the State of �1XaS , on this day personally appeared Daniel P. McCormack, President (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 the act and deed of Abra Realty, Inc, a Texas for profit corporation (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2 5 day of CGtM , 20 7ii . " L NIE JOHNSON `.' ic,State of Taxes pires 07-01-2026 Notary Public in and for the , D 13318797-8 State of OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier 11 Easement Encroachment Agreement Page 9 of 13 PN21-00192 Revised 11,'2020 ***THIS PAGE 1 ' CITY OF FORT1 ' OFFICE USE 1 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Tyson Thompson, Assistant Director of Development Services, 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 3rd day of January 20 22 Digitally signed by Bichson Bichson Nguyen Nguyen �pRYPGe BICH SON THI NGUYEN Date:2022.01.0413:51:50 i Notary Public -oeoa' •®* STATE OF TEXAS Notary Public In and for the State of Texas 9�oF�i� Notary I.D. 133389224 My Comm.Exp.Oct. 13,2025 After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II Easement Encroachment Agreement Page 8 of 13 PN21-00192 Revised 11/2020 EXHIBIT A Legal Description of the Licensee's Property A tract Of land out of the MARY JOHNSON SURVEY,ABSTRACT NO. 858 and the WILLIAM BAKER SURVEY, ASTRACT NO. 145, City of Fort Worth, Tarrant County, Texas, and being a part of that-certain. tract conveyed to TRIGON LAND GROUP and INVESTMENT EQUITY GROUP by deed recorded in Volume 6938 Pages 1426, 1443, 1455, 1460 and 1477 of Deed of Records of Tarrant county, Texas. Tier II Easement Encroachment Agreement Page 10 of 13 PN21-00192 Revised 11/2020 z o LL O Q N � L� O [xa cN O O Z r W a a Q U W m ° C U O W U CL d v o OJ Zoo W - 4 - W W H W D z H C) M Z W W D U 01) Q U W r4 d Gij � W n W z UvaHz �- U ),Go N a � ZOQ a snavnov M ° x w Iowa I O d -� xuP. VJ -- SIl-N wW a -L- 3 - _ - ----- - ` N _— ---- --- -- -- Q N N N I Q ? LLi = d U oalloa W; � '\ c wisnonV w w I z o Q \� z ' nl )Iavw { ~ Z 3 w - i F SSIL l z co39 W v� E� r� - 0 LL 80183tS z < d 04 q U x J / Q -O �x 1 — cam i a N330 / Y' a wz H � Z or ly "D MEN / / s 3311V ( / x MEN m A(3aVH CV LL a') U O � z Cn 0 0 z U � Cl) U 0Z Q D 0 U lld'00E?Jh MJ NOW OZ Jdd 1..qs a p'eW liupi/QHO2JslcOgS\(IOVO\E00\GEt EE\sO00ZE\:I JJIVH 68LEV UVd bb:Ob:9 LZOZ/L/ZL Meacham Commerce Center Metes and Bounds Control Point From Control Point to Encroachment Control Encroachment Point Point Point Description Northing& Easting Bearing Distance (ft) EP1 CP1 SET"X" TOP OF N: 6985314.17 S84033'21"E 446.58 PAVEMENT E: 2332775.60 EP2 CP1 SET"X" TOP OF N: 6985314.17 S7S001'05"E 459.56 PAVEMENT E: 2332775.60 EP3 CP2 SET"X" TOP OF N: 6984511.55 S59031'24"W 59.31 PAVEMENT E: 2333262.94 EXHIBIT B Depiction of the Public Property Tier II Easement Encroachment Agreement Page 11 of 13 PN21-00192 Revised 11/2020 Page 1 of 8 D215040680 3121201511:28 AM PGS 8 Fee: $44.00 Submitter:CSC INGEO Electronically Recorded by Tarrant County Clerk in Official Public Records Mary Louise Garcia C�#15000230004/ S`tona1_-t/dxx/23 NORTH TARRANT EXPRESS SEGMENT 3A Parcel#959E 4401 North Freeway, Fort Worth Abstract 858,Tracts 1, 1A, 1A1 &1B, Mary Johnson Sury I 10worth,Texas STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT § CITY OF$%U WORTH PERMANENT SANITARY SEWER FACILITY EASEMENT DATE:January 13,2015 GRANTOR:Abra Realty,Inc. GRANTOR'S MAILING ADDRESS(including County): 1303 Campbell Road, Houston, Harris County,Texas 77055 GRANTEE:CITY OF FOROPORTH GRANTEE'S MAILING ADDRESS(including County): 1000 THROCKMORTON ST. FORT WORTH,TARRANT COUNTY,TX 76102 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: Being a 0.084 acre strip of land and a 0.022 acre strip of land tract situated in the Mary Johnson Survey,Abstract 858, Fort Worth,Tarrant County,Texas, as recorded in Volume 13978, Page 130, Deed Records, Tarrant County, and being more particularly described in attached Exhibits as Tract 1 and Tract 2(5pages). Grantor, for the consideration paid to Grantor and other good and valuable consideration, hereby grants, sells, and conveys to Grantee, its successors and assigns, an exclusive, perpetual easement for the construction, operation, maintenance, replacement, upgrade, and repair of a Permanent Sewer Line Facility, hereafter referred to as "Facility". The Facility includes all incidental underground and aboveground attachments, equipment and appurtenances, including, but not limited to manholes, manhole vents, lateral line connections, pipelines, junction boxes in, upon, under and across a portion of the Property and more fully described in Exhibit"A"attached hereto and incorporated herein for all pertinent purposes PERMANENT SEWER FACILITY EASEMENT Rev.05/12/2010 Page 2 of 8 together with the right and privilege at any and all times to enter 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 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 Property at Grantee's sole cost and expense,including the restoration of any sidewalks,driveways,or similar surface improvements located upon or adjacent to the Easement Tract which may have been removed, relocated, altered, damaged, or destroyed as a result of the Grantee's use of the easement granted hereunder. Provided, however, that Granie shall not be obligated to restore or replace irrigation systems or other improvement* tItQn violation of the provisions and intended use of this Easement. TO HAVE AND TO HOLD the a ove scri d easement, together with all and singular the rights and appurtenances theret onging unto Grantee, and Grantee's successors and assigns forever; and Gra o reby bind itself and its successor and assigns to warrant and forever defend u ar the easement unto Grantee, its successor and assigns, against every person so er lawfully claiming or to claim the same, or any part thereof. When the context requires,= ular uns and pronouns include the plural. GRANTOR:Abra Realty, Inc GRANTEE:City of Fort Worth A Texas or or tion f �1 J ! M.McCorma , President Fernando Costa Assistant City Manager APP OVED AS TO FORM AND LEGALITY Assistant City Attorney PERMANENT SEWER FACILITY EASEMENT Rev.06112/2010 Page 3 of 8 ACKNOWLEDGEMENT. STATE OF TEXAS § O ■ COUNTY OF HARRIS § 1 BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared a f)wi M. M�_ ' t cj C , known to me to be the same person whose name is subscrib d to the foregoing instrument, and acknowledged to me that the same was the act of bi-A ec,t itj '8<.�c�h n 01,)11 C r' 1 1 that he/she executed the same as the act of said z nt1, 111, M`C" r�ge c for the purposes and consideration therein expressed and n the capacity therein stated. GIVEN UNDER MY HAND AND OFFICE this '(44q day of _ e i 20 zej :P;4 DAURICE WHITE MY COMMISSION EXPIRES Notary Public in and for the State of Texas ha 14,, August 10,2016 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 Fernando Costa,Assistant City Manager 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 of the City of Fort Worth and that he/she executed the same as the act of the City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this C ' V�e day of 20 Notary Pp in and for the State of-Texas 11 _�,t Pdorc rn Texas Please Retum Pftier Feo �9b: N r ,I s e pfrts Dam Raker/S t Title a ataxy PERMANENT SEWER FACILITY EASEMENT I it r`In 2017 j� 3840 T-j 71pn #1f]0 F11T TX 76107 Rev.0511212010 ._ Page 4nfO R. Vol Hotels Fort Worth,LLC F me pap 29 P t Of 4. Ong Ll 16.50, ABRA CA th EXHIBIT SHOWING (Parcel 959E) 15' Sanitary Sewer Easement situated in the Mary Johnson 10 Survey, Abstract Number 858, Tarrant County, Texas CS: Notes 1.The basis of bearings is the Texas State Plane Coordinate System,North American Daturn of 1983,Texas North Central Zone. L This exhibit was prepared from an aLtua4 on the ground survey performed on August 26,2014, 3.Existing improvements shown hereon are from digital photDgramme"files provided to the surveyor. Project Number: 140037 Date: September 02, 2014 Revised Date: January 12, 2015 Revision Notes: Corrected ownership information. JERE U 'k. 0!�EARCH OF TEXAS, LLC \11 "Thou shak not remove thy neighbor's landmark"Deut.19:14 ' ., ^ ^ ' Page 5 of 8 in - ,v_ •N 1I aO1io `d i ilm d 11 V y�z mr �' �i li 22 a o I~o?1 m 1� 1 owm � I 1 nrn ll ABRA Real,Inc. m uDi j Vdume 13978,Page 130 1 j D.R.T.CT. �1 A j N EXHIBIT SHOWING (Parcel 959E) 15' Sanitary Sewer Easement situated in the Mary Johnson Survey, Abstract Number 858, Tarrant County, Texas _ Notes 1.The basis of bearings Is the Texas State Plane Coordinate System,North American©alum of 1983,Texas North Central Zone. 2.This exhibit was p-,-from in actual on the ground survey performed on August 16,2014. 3.Existing improvements shown hereon are from digital photogrammetry files provided to the surveyor. Project Number: 140037 Date: September 02, 2014 P�'�s E"TF� Revised Date: January 12, 2015 � RF0`'9N Revision Notes: Corrected ownership information. �EREM Sheet 2 of 5 `'• 5696 �•'� CEARCH OF TEXAS LLC LSEq�P R? �Godley,Texas 760" SCALE : 1"= 50' 655,jdeal@realsearch.org,www.realsearch.orgremove thy neighbors landmark"Deut 19:14TP g A s yRealsmrrh of Took LLC Rim Reglstrabon#1115R2Qg 01 50'... 100' Page 6 of 8 �I I 1 I I � _ I s or N. S r ABRA Realty,Inc. v r7 f Vdume 13978,Gage 13a o.R.T.C.T, tW F N'� X aoP/aly�/ I f' N 019629"E 11.79' S 89a1345"W S 9°13.45V,yl Pant of Commencing 15.01' 47 90.I. 'Tract 2 - 5 01 3629eI W TXDOT Monument Point of 5 34 pr }nning i o � i j0 nc Del Ca,LLC n ff a SaNce C—P y p e 447 27a1,Page 61 _— R.T.GT. 3 p Z C ii a �I EXHIBIT SHOWING (Parcel 959E) W SanitA Se r Easement situated in the Mary Johnson Survey, Abs act Number 858, Tarrant County, Texas Not:t1he CEAWng of bearings is the Texas State Plane tbordlna�System,North American3,Texas North Centrel Zone. bit was prepared from an actual an the ground survey performed on Aug mprovements shown hereon are from digital Ph files provideyor. Revised ate:January 12, 2015 Date: September 02, 2014 �e� G�s �LP Revision Notes: Corrected ownership information. ,tEaeM U Sheet 3 of 5 696 ASS E4R REALSEARCH OF TEXASDLC SUR`�F P.O.Box 1006,Godley,Texas 76044 SCALE : 1"= 50' o� Ph.817 937 2655,jdeal@realsearch.org,www.realsea"Thou shaft not remove thy n fthboi's landmark"Deut.19.1kA5 ®copyrW 2014,Reafsearch ofTexas,ILC Firm Registra 0' S0' 100' Page 7 of 8 Legal Description Tract 1 BEING situated in the Mary Johnson Survey,Abstract Number 858,Tarrant County,Texas and being a portion of that certain tract of land described by deed to ABRA Realty,Inc.recorded in Volume 13978,Page 130,Deed Records,Tarrant County,Texas and being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod found at the northeast comer of said ABRA tract,said iron rod also being the southeast corner of that certain tract of land described by deed to Meacham Properties,Ltd.recorded in Volume 14293,Page 162,Deed Records,Tarrant County,Texas and being in the west right-of-way line of IH 35W(Variable Width Right-of-Way); THENCE South 89 degrees 18 minutes 04 seconds West,16.50 feet along the north line of said ABRA tract and the south line of said Meacham Properties tract to the POINT OF BEGINNING; THENCE South 00 degrees 33 minutes 22 seconds East,125.67 feet,departing said north line of the ABRA tract and said south line of the Meacham Properties tract; THENCE South 05 degrees 25 minutes 38 seconds East,24.51 feet; THENCE South 00 degrees 46 minutes 45 seconds East,185.11 feet; THENCE North 05 degrees 24 minutes 44 seconds West,210.29 feet; THENCE North 00 degrees 33 minutes 22 seconds West,125.83 feet to a point in said north line of the ABRA tract and said south line of the Meacham Properties tract; THENCE North 89 degrees 18 minutes 04 seconds East,15.00 feet along said north line of the ABRA tract and said south line of the Meacham Properties tract to the POINT OF BEGINNING and containing 3,643 square feet or 0,084 of an acre of land,more or less. Project Number: 140037 Date: September 02, 2014 <E OF rF Revised Date: January 12, 2015 sTtRF Revision Notes: Corrected ownership 5 information. JEee� u Sheet 4' Of 5 �.'. 5696 PAS E4R �s REALSEARCH OF TEXAS, LLC P.O.Box 1006,Godley,Texas 76044 o Ph.817-937-2655,jdeal@realsearch.org,www.reaLmrch.org Thou shaft not remove thy neighbor's lantlmark"oeut.19:14 T E R q 5 �` ®cnpyfight Z014,RgEI[Aerzh oPTeYa�f1C Frm RegiS{r�tlOn#IOLSa10a Page 8 of 8 Legal Description Tract 2 BEING sikuated in the Mary Johnson Survey,Abstract Number 858,Tarrant Texas d being a portion of that certain tract of land described by deed to ABRA Realty,Inc.recorded' oiu 3Pa e 130 Deed 9 Records,Tarrant County,Texas and being more particularly described by unds as follows: COMMENCING at a Texas Department of Transportation(TxDOT)mo ent nd a the southeast corner of said ABRA tract,said monument also being the northeast corner a act of land described by deed to Texas Electric Service Company(TESCO)recorded in Volume ,Pa and Volume 2201,Page 61,Deed Records,Tarrant County,Texas and being in the west right- way line H 35W(Variable Width Right-of-Way); THENCE South 69 degrees 13 minutes 45 seconds West,47.9 alo the south line of said ABRA tract and the north line of said TESCO tract to the POINT OF BEGINNING; THENCE South 89 degrees 13 minutes 45 seconds West,P. 1 feet,continuing along said south line of the ABRA tract and said north line of the TESCO tract; THENCE North 01 degrees 36 minutes 29 secor*Ea .7 eet,departing said south line of the ABRA tract and said north line of the TESCO tract; ` THENCE North 44 degrees 05 minutes 50 seco s Ea 7.21 feet; THENCE South 00 degrees 46 minutes 4W'Nwc�o& 21.26,feet; THENCE South 44 degrees 05 minutes 50 est,46.32 feet; THENCE South 01 degrees 36 minutes 29 seconds West,5.34 feet to the POINT OF BEGINNING and containing 980 square feet or 0.022 of an acre of land,more or less. Project Number: 140037 Date: September 02, 2014 Revised Date:January 12, 2015 Revision Notes: Corrected ownership information. J ---- u Sheet 5 of 5 �'• 5696 do • S.� i° REALSEARCH OF TEXAS, LLC P.O.Box 1006,Godley,Texas 76044 Ph.817-937-2655,ideal@realsearch.org,www.realsearch.org 'Thou shalt not remove thy neighbor's landmark"Deut 19.14 r f N A 5 y 0 copyright 2014,Rwkeardr of Took LLC RM RegisiraUon*10158200 EXHIBIT C Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page 12 of 13 PN21-00192 Revised 11/2020 � , N ------------------- . . . . . . . . . . . . 0 100 200 300 400 . . MEACHAM BLVD. . ; �W SCALE: 1"=200' SEE WATER EXHIBIT"A" , 9�;iIL.T11 45 r;ti XT I 4? FOR EP1 SEE WATER EXHIBIT"B" �A .9:R T.C,T117; FOR EP2 (A> 00 [FR(A\ FOL u e II CP1 EP1 ----I ---- — — -------- I PRIVATE STORM .. iiiiiiii —— LINE i - + SAN BY SEWER —_ EA ENT T CT 1 ...` .e _ ❑ .NO 215040680 L I PRIVATE STORM I EP2 LL' LINE EXISTING PUBLIC a SANITARY SEWER 21 c Li v 19-.G 1,JF�) LINE EAL jj" ]Lf 1 ITC LL1 M N"I VU U 1 flB 78 YP..T T LD ra i n o ue 1 RE, t T I PUBLIC UTILITY o.I e..T..T. EASEMENT II a L.6430,PG.391 1'TE C 3=QkSEME � VOL 7 9:PG.205 Y PRIVATE STORMI a I LINE-1 1 1 1 _ CP2 N c� ————————————————————————— 15'SANITARY SEW EASEMENT EP3 TRACT 2 N INST.N0.0215 0 4 0 6 8 0 0 U L- EXISTING PUBLIC LEGEND: CP1 SANITARY SEWER NE CONTROL POINT EP1 SEE WATER EXHIBIT "C" ENCROACHMENT POINT �� FOR EP3 Project No.: 32437 a ■■■ MEACHAM COMMERCE CENTER Issued: DEC., 2021 HALFF N ■_■ STORM EXHIBITS 1201 NORTH BOWSER ROAD BUILDING 1 RICHARDSON,TEXAS 75081-2275 CITY OF FORT WORTH,TEXAS KEY MAP TEL(214)346.6200 FAX(214)739.0095 f LEGEND: 0 50 100 150 200 N CP1 CONTROL POINT �E P 1 SCALE: 1"=100' ENCROACHMENT POINT �I I I 8 eW CP1 S 84°33'21" E -------- —446.58--------- — T. --- --------- EP1 PRIVATE 27°RCP I STORM —� --- --- 21"RCP LINE A-00 LFIE � 6 "HDPE _ 18"HDP EA— �� + (� Q \ \ 1 24" PE ❑ 60"HDPE EXISTING PUBLIC SANITARY SEWER I LINE I I I I I I I I I 15' UTILITY EASEMENT 15' SANITARY-1 j VOL. 6430, PG. 391 a a SEWER EASEMENT D.R.T.C.T. of m TRACT 1 10'TESCO EASEMENT INST. NO. D215040680 VOL. 7190, PG. 2051 z, IJ O.P.R.T.C.T. I I� D.R.T.C.T. � 0 LLI 0 a SCALE 635 = m �: o= 635 V: 1" = 800 r— U O' z 630 z a a i 630 625 625 ter— w za PROF OSED GROUND @ CL OF PIPE 'a 620 EXISTING 620 GROUND -- 1 DO-YEAR GL @ CL OF PIPE w = 615 615 > w 610 2,•c�n �rJ 610 E _ _ _ _ _ 231o%SRO N INSTALL CONCRETE E STABILIZED SAND a 605 LAT A-00 STORM AND EOXISTI NDG 605 ASTEWATER INE. N PER CITY OF FORT WORTH STANDARD SF=0.0044 flffi DETAILS 600 V=5.19 fps 600 029=0.42ft 595 m 595 's' 590 X. 590 w Project No.: 32437 a mommom HALFF MEACHAM COMMERCE CENTER Issued: DEC., 2021 mom BUILDING 1 STORM .EXHIBIT 1201 NORTH BOWSER ROAD N RICHARDSON,TEXAS 75031-2275 CITY OF FORT WORTH,TEXAS TEL(214)346.6200 FAX(214)739.0095 A f LEGEND: 0 50 100 150 200 N CP1 CONTROL POINT A01117—E P 1 SCALE: 1"=100' ENCROACHMENT POINT �I I II JI 84W CP1 ————————————————— EXISTING PUBLIC S 75°01'05" E 27„RCP I SANITARY SEWER 459.56' I b LINE II �r LS) 6 "HDPE _ 18"HDP EA— um + r, Q \ 1 24" PE❑ 60"HDPE PRIVATE STORM EP2 I LINE A{ I 15' UTILITY EASEMENT 15' SANITARYI VOL. 6430, PG. 391 I D.R.T.C.T. a aI SEWER EASEMENT TRACT 1 10'TESCO EASEMENT INST. NO. D215040680 VOL. 7190, PG. 2051 O.P.R.T.C.T. I I� D.R.T.C.T. i of I I ii 00, a SCALE 635 z => 635 V: 8' o n U O °ao z ¢'co 630 ? a x _ 630 625 z +X z 625 620 620 w 615 615 EXISTING MH EXISTING E 610 TXDOTPW 610 HEADWALL m TO BE x REMOVED EXISTING 6"RCP 66'RCP ON 0.52%S 605 HGL oN0.65i 1 605 N LXISI I G 0 4'x4'RCBC 600 INSTALL CONCRETE As Q;,� 600 STABILIZED SAND GS,O0. It ft BETWEEN PROPOSED V=7.83 fps SF= STORM AND EXISTING V"2g=D.95 f V=7 WASTEWATER LINE PER V'f2g 595 CITY OF FORT WORTH 595 22 STANDARD DETAILS 590 w 590 Project No.: 32437 a mommom HALFF MEACHAM COMMERCE CENTER Issued: DEC., 2021 MEN 1201 NORTH BOWSER ROAD BUILDING 1 STORM EXHIBIT RICHARDSON,TEXAS 75081-2275 CITY OF FORT WORTH,TEXAS TEL(214)346.6200 FAX(214)739.0095 f LEGEND: CP1 CONTROL POINT EP1 Ij ENCROACHMENT POINT = II In I� 0 50 100 150 200 8"HDPE 15' UTILITY EASEMENT j VOL. 6430, PG. 391 I I SCALE: 1"=100' EXISTING PUBLIC I SANITARY SEWER j I U TESCO EASEMENT LINE EP3 �I VOL. 7190, PG. 2051 I D.R.T.C.T. --- —� CP2 24"RCP ——— —— UZI, S 59°31'24" W ----------------------------- S — 59.31' pp PRIVATE STORM • CULVERT 3 15' SANITARY SEWER EASEMENT _ TRACT 1 INST. NO. D215040680 LL 4 O.P.R.T.C.T. ZI LL, SCALE sso sso H: 1" — 100' a z V: 1" = 8' Moro wm � wZ 625 J' 625 oWU ozWa�F N +Q 620 620 U) EXIS FING GRO ND 615 RISTA @c GFPIPE 615 PROPOSED G610@ CL OF PIPE 610 . 100-YEAR HGL OL I605 1.47" SLOPE' 605 LVERT6(]o INS ALLCONCRETE600 ILIZEDSAND _ 6. cs BETWEEN PROPOSED 0 � 0_-78.8 cfs STO M AND EXISTING 5_=0.0132 ft/ft WA TEWATER LINE PER NV=8.28 fps CM OFF RT WORTH 0 595 V'/29=1.06 ft STA DARD DETAILS 595 0 U ' 590 590 _ 585 w 585 Project No.: 32437 a mommom HALFF MEACHAM COMMERCE CENTER Issued: DEC., 2021 mom 1201 NORTH BOWSER ROAD BUILDING 1 STORM EXHIBIT RICHARDSON,TEXAS 75081-2275 CITY OF FORT WORTH,TEXAS TEL(214)346.6200 FAX(214)739.0095 f EXHIBIT D Certificate of Insurance Tier II Easement Encroachment Agreement Page 13 of 13 PN21-00192 Revised 11/2020 Policy Number:AES1209657 COMMERCIAL GENERAL LIABILITY Effective Dates: 09/14/2021 -09/14/2022 CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Locations Of Covered Operations All persons or organizations where required by written contract with the Named Insured. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury' "property damage" occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or equip- 1. Your acts or omissions; or ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project (other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been completed; or nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 Policy Number:AES1209657 COMMERCIAL GENERAL LIABILITY Effective Dates: 09/14/2021 -09/14/2022 CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ ization s : Location And Description Of Completed Operations All persons or organizations where written contract with the Named Insured requires additional insured completed operations coverage.This form does not apply to your work on'residential property". Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury"or"property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑