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HomeMy WebLinkAboutContract 57518 Date Received: 05/06/2022 Record Number: PN22-00049 Time Received: 1:35 pm City Secretary No.: 57518 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER 11 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 Tri-County Electric Cooperative, Inc, a(n) Texas nonprofit corporation ("Licensee"), acting by and through its duly authorized President/CEO. RECITALS WHEREAS, Licensee is the owner of the real property located at 2700 Westport Parkway, Fort Worth, Texas 76177 ("Property"), being more particularly described in the attached Exhibit "A"which is incorporated herein for all purposes; and WHEREAS, the City owns a water main and public access 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 plat records of Tarrant County as plat number FP-21-207; 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 an electrical conduit (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 OFFICIAL RECORD Tier II Easement Encroachment Agreement Page 1 of 13 PN22-00049 CITY SECRETARY FT. WORTH, TX 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 PN22-00049 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 PN22-00049 9. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE 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 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 PN22-00049 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 PN22-00049 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 PN22-00049 City: Licensee: CITY OF FORT WORTH Tri-County Electric Cooperative,Inc a Texas nonprofit car oration By:Dana Burghdoff( ay 5,20 09:07 CDT) By• N r C ver Dana Burghdoff,Asst. City Manager City of Fort Worth tle: President/CEO Date: May 5,2022 .10� ate: ocv ATTEST: Approved As To Form and Legality ae;o'" J ette S.Goodall(Mav 5.202211: DT) !► � Jannette Goodall Thomas Royce Hansen City Secretary Assistant City Attorney Ordinance No.24161-04-2020 Date: May 5,2022 Date: May 3,2022 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: May 3,2022 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II Easement Encroachment Agreement Page 7 of 13 PN22-00049 � ' � ' 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 Dana Burghdoff, 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 5th day of May , 2022 Wendy L. Digitally signed by Wendy aYP� WENDY L BEARDSLEE L.Beardslee zO� Notary Public Beardslee Date:2022.05.0511:14:50 + � • STATE OF TEXAS 05'00' NT y Notary I.D. 13323719-3 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 FT. WORTH, TX Tier 11 Easement Encroachment Agreement Page 8 of 13 PN22-00049 STATE OF TEXAS § COUNTY OF PARKER § BEFORE ME, the undersigned authority, a Notary Public in and for the State of , on this day personally appeared Darryl Schriver, President/CEO (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 Tri-County Electric Cooperative, Inc, a Texas nonprofit corporation (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this.10 day of 20aA . �Li 5111I1" Nct ublic in and for the ,.� �t�IErTew�►u�v _r =�A1(COUMIS$iIOM EXPIRES State of TEXAS � .W."•- AUGUST 22,2025 NOTARY IN 4025M OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier I1 Easement Encroachment Agreement Page 9 of 13 PN22-00049 EXHIBIT A Legal Description of the Licensee's Property Tier II Easement Encroachment Agreement Page 10 of 13 PN22-00049 F:\job\2021\810\072 Tri—County at Keller—Haslet\01 Design & Drafting\02 Civil\04 Exhibits\2021.810.072_ENCROACHMENT — VICINITY MAP.dwg 4/11/2022 4:23F (D ,;oo _ :�E O al N C) C �.. N T N Z C - ♦1 O - _ N p CD m �! x D FT-1 D 9 n 3 { o M O21 3 x m o m G 90 U IH-35 Z �~ f' D c> z fn �. C) O)CD - - (, - Cl �I n c-J�.D Z 0 t I �� ` :/�� `• i i- 7u Cj 11L`�r� O CD CD CD � r m � C o r o m �• p �`"i� f j t_ Co m 75 L L TRI-COUNTY ELECTRIC COOPERATIVE, INC. ELECTRIC LINE EASEMENT AND RIGHT-OF-WAY STATE OF TEXAS COUNTY OF TARRANT SSID No. L09(-013C9 DATE. —Z;— .9''g'0a2 Work Order No. GRANTOR: MAGNOLIA PADS,LTD. GRANTOR'S MAILING ADDRESS: 1902 Washington Avenue,Suite 100 Houston,Harris County,Texas 77007 GRANTEE: TRI-COUNTY ELECTRIC COOPERATIVE,INC. GRANTEE'S MAILING ADDRESS: 200 Bailey Ranch Road Aledo,Texas 76008 CONSIDERATION: The provision of electrical service and/or other benefits inuring to GRANTOR and/or Ten and No/100's dollars($10.00)and other good and valuable consideration,the receipt and sufficiency of some consideration deemed valuable to GRANTOR being hereby expressly acknowledged and accepted by GRANTOR. EASEMENT PROPERTY The ELECTRICAL EASEMENT AREA is the tracts of land (i) consisting of 0.0603 acres, more or less and(ii) 0.1172 acres, more or less, more particularly described in the attached Exhibit A, field note description and plat, incorporated herein for all purposes. The ACCESS EASEMENT AREA is the portion of the property depected on Exhibit B,incorporated herein for all purposes. The ELECTRICAL EASEMENT AREA and the ACCESS EASEMENT AREA shall together be called the "EASEMENT PROPERTY". The ELECTRICAL EASEMENT AREA but not the ACCESS EASEMENT AREA shall include use of the subsurface below and air space above for the PURPOSE herein stated. PROJECT:Electric transmission and/or electric distribution line or lines, consisting of a variable number and sizes of wires, cables, poles, towers and circuits, and all necessary or desirable appurtenances, appliances, facilities and equipment (including but not limited to supporting structures, insulators, transformers, guy wires, anchorages and other facilities whether made of wood,metal,or other materials). GRANT: GRANTOR,for the CONSIDERATION received by GRANTOR,hereby grants,sells,and conveys to GRANTEE an EASEMENT appurtenant and Right-of-Way in, upon, and across the EASEMENT PROPERTY, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to GRANTEE and GRANTEE's successors and assigns forever.GRANTOR also grants to GRANTEE the right and authority to license,permit or otherwise agree to the joint use or occupancy of the line system,or facilities by any other person or entity for electrification,telephone,telegraph,television or other similar purposes. PURPOSE: The ELECTRICAL EASEMENT AREA,right-of-way,rights,and privileges herein granted shall be used solely for the purpose of providing electric utility service, constructing, placing, operating, maintaining, Page 1 reconstructing,replacing,relocating,reconstituting,changing the size or nature of,rebuilding,upgrading,removing, inspecting, patrolling, and/or repairing the PROJECT or any part of the PROJECT, and making connections therewith. GRANTEE shall have the right to place temporary poles, towers, anchorages, guys, and supporting structures for use in erecting or repairing the PROJECT. ACCESS: GRANTEE shall have the right of pedestrian,equipment,and vehicular ingress and egress at all tim es upon and acrossthe EASEMENT PROPERTY for the above stated PURPOSE.GRANTEE shall have the right to use the ACCESS EASEMENT AREA as may be reasonably necessary for GRANTEE to access the ELECTRICAL EASEMENT AREA in connection with the PURPOSE, provided however, GRANTEE'S use of the ACCESS EASEMENT AREA shall not interfere with GRANTOR'S use of GRANTOR'S property. TERM:The EASEMENT granted herein,as well as the covenants made herein, shall be perpetual and appurtenant to the land,unless abandoned by the GRANTEE for a period of I year or otherwise terminated by GRANTOR and GRANTEE in a writing recorded in the real property records. TREES: GRANTEE shall not have the right to cut,trim,chemically treat with herbicides,and/or remove trees,shrubs, bushes,brush and vegetation within the EASEMENT PROPERTY or otherwise necessary to realize the PURPOSE herein stated without the consent of GRANTOR. STRUCTURES:GRANTOR shall not construct or locate on the EASEMENT PROPERTY any buildings or above ground vertical structures or improvements without GRANTEE'S consent. Notwithstanding the foregoing, GRANTOR shall retain the right to place underground utilities or facilities in the EASEMENT PROPERTY so long as such underground utilities or facilities do not adversely impact GRANTEE'S right to use the EASEMENT PROPERTY for the PURPOSE. In the event GRANTOR places underground utilities or facilities in the ELECTRICAL EASEMENT AREA,GRANTOR shall reasonable coordinate with GRANTEE on the placement of such facilities. INDEMNIFICATION:GRANTEE HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS GRANTOR FROM ALL DAMAGES,LOSSES,CLAIMS,AND LIABILITY OF EVERY KIND ARISING FROM INJURY OR DAMAGE TO ANY PERSON OR PROPERTY IN CONNECTION WITH THE EXERCISE OF ANY RIGHTS PURSUANT TO THIS AGREEMENT BY GRANTEE, OR ANYONE EMPLOYED DIRECTLY OR INDIRECTLY BY GRANTEE, OR ANYONE FOR WHOSE ACTS GRANTEE MAY BE LIABLE, REGARDLESS OF WHETHER SUCH INJURY OR DAMAGE 1S CAUSED IN WHOLE OR PART BY THE ORDINARY NEGLIGENCE OR STRICT LIABILITY OF GRANTOR OR ITS AGENT. DAMAGES: It is understood and agreed that the CONSIDERATION received by GRANTOR includes adequate compensation for any damages to the PROPERTY which occur in connection with the initial construction of the PROJECT. MINERALS:GRANTOR expressly reserves all oil,gas,and other minerals owned by GRANTOR,in,on,and under the EASEMENT PROPERTY,provided that GRANTOR shall not be permitted to,and shall not allow any party to, drill or excavate for minerals on or from the surface of the EASEMENT PROPERTY,but GRANTOR may extract oil,gas,or other minerals from and under the EASEMENT PROPERTY by directional drilling or other means which do not interfere with or disturb GRANTEE's use of the EASEMENT PROPERTY. OWNERSHIP: GRANTOR agrees that all poles,wires, cables, circuits,appurtenances, facilities,appliances and equipment installed upon the EASEMENT PROPERTY shall at all times remain the property of the GRANTEE and is removable at the option of the GRANTEE. ASSIGNMENT AND MISCELLANEOUS: This instrument,and the terms and conditions contained herein, shall inure to the benefit of and be binding upon GRANTEE and GRANTOR, and their respective heirs, personal representatives,successors,and assigns_When the context requires,singular nouns and pronouns include the plural. When appropriate,the term"GRANTEE"includes the employees,contractors,and authorized agents of GRANTEE. WARRANTY:GRANTOR warrants and defends the EASEMENT PROPERTY to GRANTEE against anyone lawfully claiming to the EASEMENT PROPERTY by through or under GRANTEE. Page 2 GRANTOR: MAGNOLIA PADS,LTD., a Texas limited partnership By: Sage Interests,Inc.,a Texas corporation its General Partner 6 E y= Name: Charles F.M r,Jr. Title:Vice President INDIVIDUAL ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on this Lday of March,2022 by Charles F.Meyer,Jr.,Vice President of Sage Interests,Inc.,a Texas corporation,the general partner of Magnolia Pads,Ltd.,a T3NMiiTited partnership,on behalf of said tim'te ership. SUNNY FARRILL r+rNotary public.State of Texas t =oz comm.Expires 07-10-2023C1. Publiv•State o x r�'' Notary ID 124176729 �R7715i�1 fl) 1^�1 4J x o W a K o on M z H n 0 c r, �e After Recording,Return this Document to: Tri-County Electric Cooperative,Inc. 200 Bailey Ranch Road Aledo,Texas 76008 EXHIBIT A Electrical Easement Area Tract 1 BEING a 2,626 square foot(0.0603 acre)tract of land situated in the N.S.Creed Survey,Abstract No. 1898,Tarrant County,Texas,being part of Lot 2,Block 1,Lovett Alliance Addition,an addition to the City of Fort Worth,Texas according to the plat recorded in Instrument No.D221341755,Official Public Records,Tarrant County,Texas,and being more particularly described as follows: COMMENCING at a 5/8-inch iron rod with"KHA"cap found for the northwest corner of said Lot 2,from which a 5/8-inch iron rod with"KHA"cap found for the northwest corner of Lot 1,Block 1,said Lovett Alliance Addition,and being in the south right-of-way line of Westport Parkway(a variable width right-of-way)bears North 0035'09"West,a distance of 738.01 feet; THENCE South 0135'09"East,along the west line of said Lot 2,a distance of 691.01 feet to the POINT OF BEGINNING; THENCE North 89111'11"East,departing the said west line,a distance of 117.89 feet to a point for comer; THENCE South 86"19'06"East,a distance of 104.67 feet to a point for corner; THENCE North 0°48'49"West,a distance of 4.98 feet to a point for corner;THENCE North 89'11'11"East,a distance of 20.00 feet to a point for comer;THENCE South 0°48'49"East,a distance of 20.00 feet to a point for corner,THENCE South 899I'11"West,a distance of 20.00 feet to a point for corner;THENCE North 0°48'49" West,a distance of 4.98 feet to a point for corner;THENCE North 86°19'06"West,a distance of 105.06 feet to a point for corner;THENCE South 89'11'I 1"West,a distance of 117.50 feet to a point for comer in the said west line of Lot 2,from which a 5/8-inch iron rod found for the southwest comer of said Lot 2 bears South 0°35'09"East,a distance of 1156.16 feet; THENCE North 0035'09"West,along the said west line,a distance of 10.00 feet to the POINT OF BEGINNING and containing 2,626 square feet or 0.0603 acres of land,more or less. Tract 2 BEING a 5,104 square foot(0.1172 acre)tract of land situated in the N.S.Creed Survey,Abstract No. 1898, Tan-ant County,Texas,being part of Lot 1,Block 1,Lovett Alliance Addition,an addition to the City of Fort Worth, Texas according to the plat recorded in Instrument No.D221341755,Official Public Records,Tarrant County,Texas, and being more particularly described as follows: COMMENCING at a 5/8-inch von rod with"KHA"cap found for the southwest comer of said Lot 1; THENCE North 0°35'09"West,along the west line of said Lot 1,a distance of 202.13 feet to the POINT OF BEGINNING; THENCE North 0'35'09"West,continuing along the said west line,a distance of 10.00 to a point for corner,from which a 5/8-inch iron rod with"KHA"cap found for the northwest corner of said Lot 1,and being in the south right-of- way line of Westport Parkway(a variable width right-of-way)bears North 0'35'09"West,a distance of 525.87 feet; THENCE North 8911 I'I 1"East,departing the said west line,a distance of 470.37 feet to a point for corner; THENCE North 0048'49"West,a distance of 7.91 feet to a point for comer; THENCE North 89011'11"East,a distance of 20.00 feet to a point for comer; THENCE South 0°4849"East,a distance of 20.00 feet to a point for comer; THENCE South 89011'11"West,a distance of 20.00 feet to a point for corner; THENCE North 0'48'49"West,a distance of 2.09 feet to a point for comer, THENCE South 89'11'l 1"West,a distance of 470.41 feet to the POINT OF BEGINNING and containing 5,104 square feet or 0.1172 acres of land,more or less. EXHIBIT B Access Easement Area Access Area 1 BEING a 7,893 square foot(0.1812 acre)tract of land situated in the N.S.Creed Survey,Abstract No. 1898,Tarrant County,Texas,being part of Lot 1,Block 1,Lovett Alliance Addition,an addition to the City of Fort Worth,Texas according to the plat recorded in Instrument No.D221341755,Official Public Records,Tarrant County,Texas,and being more particularly described as follows: COMMENCING at a 5/8-inch iron rod with"KHA"cap found for the southwest corner of said Lot 1; THENCE North 0°35'09"West,along the west line of said Lot 1,a distance of 212.57 feet to a point,from which a 5/8-inch iron rod with"KHA"cap found for the northwest corner of said Lot 1,and being in the south right-of-way line of Westport Parkway(a variable width right-of-way)bears North 0135'09"West,a distance of 525.44 feet; THENCE North 89°24'51"East,departing the said west line,a distance of 111.27 to the POINT OF BEGINNING; THENCE North 89°11'11"East,a distance of 359.10 feet to a point for corner; THENCE South 0°48'49"East,a distance of 15.00 feet to a point for comer; THENCE South 89°11'11"West,a distance of 344.10 feet to a point for comer; THENCE South 0°48'49"East,a distance of 167.13 feet to a point for corner in the northerly line of a public access easement as shown on the plat of said Lot 1; THENCE South 89°11'l 1"West,along the said northerly line,a distance of 15.00 feet to a point for comer; THENCE North 0°48'49"West,departing the said northerly line,a distance of 182.13 feet to the POINT OF BEGINNING and containing 7,893 square feet or 0.1812 acres of land,more or less. Access Area 2 BEING a 20,018 square foot(0.4595 acre)tract of land situated in the N.S.Creed Survey,Abstract No. 1898,Tarrant County,Texas,being part of Lot 2,Block 1,Lovett Alliance Addition,an addition to the City of Fort Worth,Texas according to the plat recorded in Instrument No.D221341755,Official Public Records,Tarrant County,Texas,and being more particularly described as follows: COMMENCING at a 5/8-inch iron rod with"KHA"cap found for the northwest corner of said Lot 2,from which a 5/8-inch iron rod with"KHA"cap found for the northwest comer of Lot 1,Block 1,said Lovett Alliance Addition,and being in the south right-of-way line of Westport Parkway(a variable width right-of-way)bears North 0°35'09"West,a distance of738.01 feet; THENCE South 0°35'09"East,along the west line of said Lot 2,a distance of 17.16 feet to a point; THENCE North 89°24'51"East,departing the said west line,a distance of 33.48 feet to the POINT OF BEGINNING,being on the southerly line of a public access easement as shown on the plat of said Lot 2,and being a point at the beginning of a curve to the left having a central angle of 12°55'56",a radius of 75.00 feet,a chord bearing and distance of South 63°26'01"East, 16.89 feet; THENCE in a southeasterly direction,along the said southerly line,and along said curve to the left,an arc distance of 16.93 feet to a point for corner, THENCE South 0°48'49"East,departing the said southerly line,a distance of 178.40 feet to a point for comer, THENCE North 89°l l'11"East,a distance of 81.50 feet to a point for corner; THENCE South 0"48'49"East,a distance of 483.69 feet to a point for corner; THENCE South 86019'06"East,a distance of 91.00 feet to a point for corner; THENCE South 3140'54"West,a distance of 15.00 feet to a point for comer, THENCE North 86119'06"West,a distance of 104.86 feet to a point for comer; THENCE North 014849"West,a distance of 482.56 feet to a point for comer, THENCE South 89'11'11"West,a distance of 66.50 feet to a point for corner, THENCE South 0-48'49"East,a distance of 482.54 feet to a point for corner; THENCE South 89011'11"West,a distance of 15.00 feet to a point for corner, THENCE North 0048'49"West,a distance of 683.71 feet to the POINT OF BEGINNING and containing 20,018 square feet or 0.4595 acres of land,more or less. [Depiction Follows] KLUAP,+uALiEf rm L. i Iq �� I I• fit 1 I I Ir �I I p II 1 I Der a pr EXHIBIT B Depiction of the Public Property Tier 11 Easement Encroachment Agreement Page 1 1 of 13 PN22-00049 �f, P. - QQ— _ _r.. 'm.�:� ,•,� I-yVESTPORT PARK -._ g7E• •E III DO DO�r --- I •ice• --------- �T-"'-T —_rt_.+� - rili son3� � sg 6€}r�� P, fi i7�a- Wil ^ i DU a-\5 ee 4 i$� � � ��' � -,�'` l=„ @s. IrT� ern-x..'T.? j i)�� ` I t• i� ��� �FrZ }} 9� 1` Fg9 �i 5 � r,�a A=� ' rFllt� em �� �'S �,; i C. y ! {{ � _I��,*n4 sau..�r....�m,.ar�.�.I.. 1.tw Au lL ttr alu erl lbb.bx, , 1• fi � e ��- Ell €i''� iii"��zF ,, I1li I Vie_ IL 19 bF 7q a Q ��- V'l yyy +,11 ' dill � --..,.---- -(_"-• ------- - ----� ' �d ��7 igybS di_ �9F�p fir[ ;, F� a4#1� •`�4� �p� !f �� . 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Y!4 �m y� Ft I }e '"r..o.,•war.ry awsra wf......,w.e,rt p..r�.n wwe•a..nwaN,v,.e moo.!I 1• a b .ppry,wII M nunamy n...nnti 1 u�_ O In o a I 1- � I r� I r li b• Jan ! e± ; 1' �:� hF FRH la}gu 13310 ! IE i � w B4i� it gig -n I IIE �ntib I I II f I I Ile O 1 M II =I ■ Ilt m 11 s --I ac a ti �. Ij1 II 5 O Am •, I I saPIN€,g SF5'aFF'a&E546iSi-s5HE5F'=`5=; = 5.;�;czzcFcs� .v a {19:Fsz:.5��ifx311:1:}13lr�' 'T�Him a i e; L'i q=�} i ail r.6 i€i 4 S R i R a i i s Y t y�!g X" x�CWill9 ii'S55E 553ffF=FFiiifs l F'sE S E.f EE5 i sills E$f?EEij al - �\ �V 83a ■a € fit= _Y =xi s I Cj�€ iE€ iiaaa4aa i:xi i=_ :K"i!i ? 4 4 1t€:Fi:a= 3 € k � E3:c== = fl3%Ifl6tisF F=_F5"x e'siFFf45€F Eft! `: a" IIsrIIII'eppa- IIjlt[[t�I ppi iaix= - - { Ra f4 t �+ E � r tiiittllt R�7taatll7 t4RtiYi54i/'i� �a FF.Ra Y-� „6:` 3 ��iS� ZDjO Z Or j i ici ii av i"o4 ceiBi � t __ T�11 mp oc'�II II9IIOT SO- ziu-i3 �Tymm�oD �_ 4t4�iit�88a�� O p p m a D�r i i a i■i a s i i!! IY 6€tl s a 6��e o 6 i g v c��pDZN,Q 4 t8�111 i tt1 ii t i is z1Z co C) r { - mmD ri -iDm<cmn o0-i sS a m,��{ �X r: i3� isgF?Y N f o�38 EXHIBIT C Depiction and description of the Encroachment Tier 11 Easement Encroachment Agreement Page 12 of 13 PN22-00049 F:\job\2021\810\072 Tri—County of Keller—Hoslet\01 Design & Drofting\02 Civil\04 Exhibits\2021.810.072_WATER_ENCROACHMENT METES&BOUNDS.dwg 4/11/202 O �77 o I rn vri � CAm I CM, � O N r 0° o cr o cis N r "? I C. 0 0 0 �, s m f— I o o CIOZ v N o p o �c o co c4i, v m IB cc co xmOct —t C/) - D I I :9 rri ri :9 :9 CD 3 = m N � o s v = I o z I rri n Q CD D 3m 1 X I m mo m U r n X0 O I m 3 o cn z I O0 m m R0 c L m A O I W W z ~ I r m m I I a, �_ s Co rn C Dm �i O o>p O +� rrl �7 1�0 ry 1p*7 j o z ➢ o zz D I cn I O Ln j rn _ o�� N I m Co=8 C r, -1 N W C7 0 o n n m m � r to D I m �p mCA m D� I C D c n U) ry 41Ol z (7 I ry z = I m m m < m I I 0 o I g z� m z f C> I 00 D " I 0 CD I I a I I _ 00 CD m l \L v o O — � oo � \ N ma o - - -- - -- - - - - - - — �_ z m W W m I ^ m - - t- - — W10 N I I _ K: ON �O J — _ -- F:\job\2021\810\072 Tri-County of Keller-Haslet\01 Design & Drafting\02 Civil\04 Exhibits\2021.810.072_WATER-ENCROACHMENT P&P.dwg 4/11/2022 4:24pm � I � o W o `_ I D `cr I 4G-) C:)v) � � D D W co I = Cl) n D z ao (D I -u C N CQ m -Ti � W � � D O 20 m 2 rTl I D c) o- m D m oz f m a I IV Q° m - < I- O A T z o m z O rn m C - m W o CD T X m N o C I W m rn C cn O I :;o O < D I = I m N m Z o W W W W mcn C 22 -z-4 W W W N� � I N Oz O 0 D < o D mm 0 00 < n ::i > n 1 � :C) O r 1 m O C z z f� = o D I ci+ c� rn O m m r m 000 vn m = Z r C r rn v 0 Z C) � m O c� o o cn o �wu _ D n m I m f) m 0 w I y m I m � m m z C- C- No IIV _ Lf) N0 F:\job\2021\810\072 Tri—County of Keller—Haslet\01 Design & Drafting\02 Civil\04 Exhibits\2021.810.072_WATER—ENCROACHMENT P&P.dwg 4/11/2022 4:24pm �o �o < I C7 o coo II� II� A N o O C71 V m < (A CD C) o DDG -A o cn --A D r— � r= D (D ;�7 m Cq)0 9 � m cr cr mCD _ G7 o— m D 3 �m cu mn 2i X Q Tx i o cn Z A O � 4-1 OD C O C] co N �V N m Z M z ZE O m m D � C7 � = z z O m m N N _ _ �u o C �o� � � n O O cn m C f CD rn D CA K rri O � o N z O o � o 0 N N p CD D �1 m m N I � oo � • rn F + 7z z m —' rn O> CTI m . CO r O CoO ,* I*1 _ . C7 Nrn � m C 2 LK nNic? EXHIBIT D Certificate of Insurance Tier 11 Easement Encroachment Agreement Page 13 of 13 PN22-00049 CERTIFICATE OF INSURANCE 5/3/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemenl(s). THIS IS TO CERTIFY THAT: Tn-County Electric Co-op, Inc. 200 Bailey Ranch Rd and Hwy 1187 FEDERATED RURAL ELECTRIC Aledo,TX 76008 a INSURANCE EXCHANGE NAIC:11118 P.O.Box 15147,Lenexa,KS 66285-5147 (913)541-0150 fax(913)541-9004 www.federatedrural.com IS,AT THE ISSUE DATE OF THIS CERTIFICATE, INSURED BY THE COMPANY UNDER THE POLICY(IES) LISTED BELOW. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY DATES LIMITS($) GENERAL LIABILITY EACH OCCURRENCE $2,000.000 COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES $2.000.001) OCCURRENCE-BASIS MED EXP(PER PERSON) $1,000 COMPREHENSIVE FORM 4/1/2021 PERSONAL&ADV INJURY $2,000.000 PREMISES/OPERATIONS 42 ARB 048-21 t0 UND/EXPLOSION&COLLAPSE 4/1/2023 PRODUCTS/COMP OPS CONTRACTUAL BROAD-FORM PROPERTY DAMAGE NO GENERAL AGGREGATE AUTOMOBILE COMBINED SINGLE LIMIT ANY AUTO 4/1/2021 (EACH ACCIDENT) HIRED&NON-OWNED AUTO 42 ARB 048-21 to $2,000.000 GARAGE LIABILITY(ANY AUTO) 4/1/2023 COMP DEDUCTIBLE $1.000 COLLISION DEDUCTIBLE $1,000 4/1/2021 PROPERTY LIMIT $37,292,297 ALL-RISK BLANKET PROPERTY 42 ARB 048-21 to 4/1/2023 PROPERTY DEDUCTIBLE $1,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES/EQUIPMENT I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS It is agreed that where required by mortgage,lease,or other legal agreement,the interests of mortgagees,lessees,and lass payees are insured as their interests may appear as additional insured's and/or loss payees. Blanket Additional Insured and Waiver of Subrogation are included under the General Liability insurance if required by written contract or agreement. CERTIFICATE HOLDER: CANCELLATION: CITY OF FORT WORTH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE 200 TEXAS STREET THEREOF,NOTICE WILL BE DELIVERED IN CFA-OFFICE-PN 2021.810.032 ACCORDANCE WITH THE POLICY PROVISIONS. FORT WORTH,TX 76102 AUTHORIZED REPRESENTATIVE: FREIE Cert v.8/10 This endorsement changes the policy. L11FEDERATED RURAL ELECTRIC Please read it carefully , INSURANCE EXCHANGE Blanket Additional Insured & Waiver of Subrogation Endorsement Section II, General Liability Insurance, Item F. Persons Insured, is amended to include any person or organization for whom the policyholder is performing operations when the policyholder and the person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured or insureds to this policy. Such person or organization is an additional insured only with respect to liability caused, in whole or in part, by the policyholder's acts or omissions, or by the acts or omissions of others acting on the policyholder's behalf, provided: 1.The insurance afforded to such additional insured or insureds only applies to the extent permitted by law; and 2. If such coverage is required by written contract or agreement, the insurance afforded will not b ader than that required by the contract or agreement to be provided to the additional insured or insureds; and 3. If such coverage is required by written contract or agreement,the insurance afforded imit of insurance required by the contract or agreement, or the applicable Limit of Liability stated in th ecl ns, .s less. 4. If required by written contract or agreement,the Company waives any rights ecove gai a additional insureds shown above because of payments made under Section II, General Liability. Such wai p' only to xtent that the policyholder has waived its rights of recovery against such person(s) or organization(s 'or to 5.The following amends General Condition H. Other Insurance, and supe y pr o the contrary: This insurance is primary to and will not seek contribution from a other in n aila to an additional insured under this policy provided that: (1)The additional insured is a Named Insured under such other i (2) It is required by written contract or agreement that this rant ul ary and would not seek contribution from any other insurance available to the additional insured. With respect to the insurance afforded to these ad nal insured co ge shall apply to Personal Injury or Property Damage arising out of or caused directly or indire by providing o .. g to provide any professional service.This exclusion shall not apply to the rendering of emergent first or incidental me cal service. A professional service can mean, but is n ited ersonal In' or Property Damage arising out of the rendering of, or the failure to render, any architectural, engi ing or s s s, including: a.The preparing, approvin , ailin rep prove, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and ons; or b. Supervisory, inspe ' chi al or a Bering activities. This endorsement shall not, ny ev incre Limit of Liability stated in the Declarations. All other policy provi apply. Misc Blanket Additional Insured(1-21) Page 1 of 1 ©2020 Federated Rural Electric Insurance Exchange Includes copyrighted material of Insurance Services Office, Inc.with its permission