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HomeMy WebLinkAboutContract 58669Date Received: 01/03/2023 Time Received: 7:51 a.m. Record Number: PN22-00065 City Secretary No.: 58669 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 John L Bennett and Stephanie E Bennett, ("Licensee"), the property owners. RECITALS WHEREAS, Licensee is the owner of the real property located at 2233 Colonial Parkway, Fort Worth, Texas 76109 ("Property"), recorded in Deed Records, by Instrument Number D220284132, in Tarrant County, Texas, of being more particularly described in the attached Exhibit "A" which is incorporated herein for all purposes; and WHEREAS, the City owns a sanitary sewer and storm drain (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 Fs-04-017; 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 water 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 the OFFICIAL RECORD Tier II Easement Encroachment Agreement CITY SECRETARY Page 1 of 14 Revised 11/2020 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 14 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 14 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 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 Home4 Owners Insurance naming 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 $300,000 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 14 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 14 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 14 Revised 11/2020 City: CITY OF FORT WORTH By: DJ Harrell (Dec 23, 202209:10 CST) D.J. Harrell, Director of the Development Services Department Date: Dec 23, 2022 ATTEST: 14nnom'-S. C'Jggdk& Jannette S. Goodall (Jan 3, 2023 07:50 CST) Jannette Goodall, City Secretary Date: Jan 3, 2023 Licensee: Property Owners By: me: John L. Bennett Title: Property Owner Date:\ �2 01 -zo-l' 4g44UUn� c� FORtoaa �_�o o��d Approved As To Form and Legality Pv8 o=P p��* 000*fie as p a Teze.54ap �bUaab4'O' Thomas Royce Hansen Assistant City Attorney Date: Dec 22, 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. Re$ecca" n4yu-0"n' Rebecca Diane Owen (Dec 22, 2022 12:56 CST) Rebecca Owens Development Services Date: Dec 22, 2022 OFFICIAL RECORD CITY SECRETARY Tier II Easement Encroachment Agreement FT. WORTH, Tx Page 7 of 14 Revised 11/2020 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 23rd day of December 920 22 . WendL� Digitally signed by Y Wendy L. Beardslee Bea rd s I ee Date: 2022.12.23 09:58:36 -06 00 Notary Public in and for the State of Texas After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 o�pRY%'(WENDY L BEARDSLEE _ Notary Public * * STATE OF TEXAS N�q e Notary I.D. 13323719-3 �OF- My Comm. Exp. July 28, 2025 Tier II Easement Encroachment Agreement Page 8 of 14 Revised 11/2020 STATE OF TEXAS § COUNTY OF TARRANT § BEF?RE ME, the undersigned authority, a Notary Public in and for the State of on this daypersonally appeared John L. Bennett Property Owner Title p Y Pp p m' (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 in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this C fNY ' day oft6p 209a' . N tary P lic in and for the State of Tier II Easement Encroachment Agreement M. STACY FREDRICKSON _Notary Public, State of Texas Comm. Expires 04-18-2025 Notary ID 129392959 Page 9 of 14 Revised 11/2020 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of on this day personally appeared Stephanie E. Bennett, Property Owner (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 in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this,,&' "clay ofj61110-, 20 91. ""'y P... M. STACY FREDRICKSON Notary Public, State of Texas v'+va Comm. Expires 04-18-2025 °;;�`� Notary ID 129392959 Tier II Easement Encroachment Agreement Page 10 of 14 Revised 11/2020 EXHIBIT A Legal Description of the Licensee's Property Being Lot A-R-2RI, block 52, Forest Highlands, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat there of recorded under Clerk's File No(s). D218160490, Plat Records, Tarrant County, Texas. Tier II Easement Encroachment Agreement Page 11 of 14 Revised 11/2020 a 0 a� E a 00 M N N O N 04 N 0 N 0 0 RIVE FRONT Fores�Park l i Colonial 0•� Golf Course �O0 SITE AVONDALE °C O U- 3 O O ` C _z Uj 0 0 PARK HILL J AR HI L N \.o (n C O �^ V ) d M � NOT -TO -SCALE N MAPSCO NO. TAR-076S 04 c 0 COUNCIL DISTRICT 9 0 O N O O 00 N PAPE-DAWSON EXHIBIT A `co co rajENGINEERS COLONIAL PARKWAY SUBDIVISION .o VICINITY MAP DALLAS I SAN ANTONIO I AUSTIN I HOUSTON I FORT WORTH 3/24/2022 Uj 5810 TENNYSON PKWY, STE 425 1 PLANO, TX 75024 1 214.420.8494 N TEXAS BOARD OF PROFESSIONAL ENGINEERS FIRM REGISTRATION #470 Li O Ln Nt CM O T z c- U L0 0 T N U THIS DOCUMENT HAS BEEN PRODUCED FROM MATERIAL THAT WAS STORED AND/OR TRANSMITTED ELECTRONICALLY AND MAY HAVE BEEN INADVERTENTLY ALTERED. RELY ONLY ON FINAL HARDCOPY MATERIALS BEARING THE CONSULTANTS ORIGINAL SIGNATURE AND SEAL. EXHIBIT B Depiction of the Public Property Tier II Easement Encroachment Agreement Page 12 of 14 Revised 11/2020 all IM 411 FS-22-158 3 addresses L :1-5 �s la AJO Is sITT 3$ / ��� ® oaf �yyd o s € C AS#ieaeyy p°q is / �N ® all 4 '0 ' $_ o o PL x x � 'All 11111 Ill g g¢1 P115 9�s 'gs'1$'ss�s���1 �\ .. yqj FF s 6d e- s m gg33 s1111 H I11 33 pg y ��, gggy \ 1, V9 Q 9, 1 bR RR yRR RR RRRR p a 0 i4 A 1 R- &1161�$e€s 1G 1 z� t� $Qp$Q �''1R it I R> T i a R€ 3a a RbI �\ R s 11 1Alagi Allof Alngl if 11 1§1R1 X 1 I € qq 1 $R 1 IR 1 R3 1 R; ggq R 1 R. g %\ MON y . \� \ i f H11€f y $ $ 11 Mil 5MI H$ p w i 1RRRR R1 1 y RRRRa� 1 RIP mil 1 a5 P11 i NW041sw M.se• INN H g 63 g1l 1 1mi q '1' A 1f $l a� q l R A as 1 i? I'll . H l ,I �F r Rg Q $ 1 1 I 1 mp1a RE a e R 8all R1 '1 11d q F :z:> S)1 Xk �R ' -,,. L , ' > ' . R > > > & 11> a §,%Ra J-J -§- 84 zm Ao� to R � i R a 1 1 § 9$99 � ;a. � 1 1" 1 ��1"» m f N r N D 1° •° 1 1 a1 ' �# 1� 1 p€€ t i §F 1€ R 1€ t Q°z ,�T m 4 a4 € H kill', fE F . `g i R a R R a R 1 � R l r 0 z �— cT 1 a a g 6 ; ScRO r§ a1 p� "1 J s� Z. �O D n CD a a g 11' EgIm yRR� S i= n D D r � <' ! 4 1 1 g 1 1 Al g �a Vi g� 1a,1 * �. l' :�� 9 8- Oil = N -+ o a m it 1 R 1 l "§ 1 I $ R �1 ' g P� O + D m 1 1 1$ ,' �q 1q I' § 1 1 1 1 ga�R a 1>s 1 R} t 9 9 § a $ $ a Rg z � w � €$¢Ly �ta 93'D� "a o e 98� R✓��13 AIRRdS?br FORT WORTH CASE No. FS-22-158 REVISIONS A REPLAT SHOWING LOT A-R-2R1A, LOT A-R-2R1 B,—90821-RP Tarrant County, Texas SHEEP No. gam guying s DATE DESCRIPTION 8 LOT A-R-2R1 C, BLOCK 52, FOREST HIGHLANDS, ,� osrmi2o22 /.prgaanrdng, L6c. EE]AN ADDITION TO THE CITY OF FORT WORTH, BBB° �8ad °n �D O�' 1 of zsss onnis Drive, Suite G, 20' N. M Central Zone, 4202 Half— Cdy, TX 76117 TARRANT COUNTY, TEXAS ara:y� cNmyB TaxesStM.PMeCoordinateSystem. 1 .-- 682.841.0099 nnaax..m EXHIBIT C Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page 13 of 14 Revised 11/2020 Date: Aug 02, 2022, 10:19am File: S:\oroiects\612\89\00\ Z O N O C m r— mc F1 z G7 Z N D F7 z DD 0 y m mm z o m z M� �� < O zC n 0 oA zo Z 3 � D 2 Zm] D - � D or O � D D N r � (n � mo m "h O Z a Z N (n C 1 Z O �m Nm o 00 � z z' D� N C ow z O / D D O m M< / Z � O 2 m A$ mm z l�A n N O_ Ln z 0 W CJI O m �m IM N � CD NZ D Z a Y User ID: ErnestoMartinez 0 Design\2.4 Civil\2.4.4 Exhibits\220324 — Encroachment Agreement\220325 — Encroacment Exhibits.dwg v oti> m N ti Z o N D m N > i m 0 mO ai .a n z -D m rTl C7 N rrl ;a K Z F i m O A m y D m C ) �, m to Z N Date: Aug 02, 2022, 10:19am File: S:\oroiects\612\89\00\ Z O N O C m r— mc F1 z G7 Z N D F7 z DD 0 y m mm z o m z M� �� < O zC n 0 oA z 0 Z 3 � D 2 Zm] D - � D or O D > F D N Z1 N r (n m mo m D D 20 "h O Z a Z N (n C 1 Z O �m Nm o 00 � z z' D� N C ow z O / D D O m M< / Z � O 2 m rm $ W oQ� z l�A n N O_ Ln z 0 W CJI O m �m IM N � CD NZ D Z a Y User ID: ErnestoMartinez 0 Design\2.4 Civil\2.4.4 Exhibits\220324 — Encroachment Agreement\220325 — Encroacment Exhibits.dwg v oti> m N ti Z o N D m N > i m 0 mO ai .a n z -D m rTl C7 N rrl ;a K Z F i m O A m y D m C ) �, m to Z N Original Scale: 1 " = 30' 0 15 30 60 Graphic Scale in Feet -LEGEND- IRF IRON ROD FOUND IRS IRON ROD SET IPF IRON PIPE FOUND ROW RIGHT-OF-WAY VOL. VOLUME PG. PAGE CC# COUNTY CLERK'S FILE No. PRTCT PLAT RECORDS, TARRANT COUNTY, TEXAS DRTCT DEED RECORDS, TARRANT COUNTY, TEXAS ( ) ACCORDING TO RECORD INSTRUMENT LINE BEARING DISTANCE L1 S53°20'08"E 22.54' L2 S11 °36'43"E 36.06' L3 N53020'08"W 22.54' L4 N 11 036'43"W 36.06' L5 S65°45'48"E 18.51' L6 S11 °36'43"E 12.34' L7 N65045'48"W 18.51' L8 N 11 036'43"W 12.34' L9 N53044'40"E 10.93' L10 S12°25'21"E 44.28' L11 S81 °43'25"W 10.03' L12 N 12'25'21 "W 139.131 EXHIBIT "A" 041/ O� My 2�cp ^� POBZ / STO tiF oy� V �O � OZ / V O LOT A-R-2R1 B BLOCK 52 FOREST HIGHLANDS CC# D222236377 PRTCT JOHN L. BENNETT & STEPHANIE E. BENNETT CC# D220284132 DRTCT LOT A-R-2R1A BLOCK 52 FOREST HIGHLANDS CC# D222236377 PRTCT \ c 1 � JOHN L. BENNETT & 518"IRF \ n N STEPHANIE E. BENNETT \ 11 \ Z, CC# 20284132 DRTCT LOT A-R-2R1 C \ w1 m 1/2"IRFC "LANDES BLOCK 52 -� \ 1 ffi ASSOC' FOREST HIGHLANDS CC# D222236377 \ 04 N SIB"IRF \ PRTCT —1 202oGq \ tip3o �3S�FTF \ JOHN L. BENNETT &� \ STEPHANIE E. BENNETT ` \ 1 1/2"IRFC \, CC# D220284132 \ d, �'%; . • • T R "LANDES E ASSOC" DRT j TV A 1 r� Uq - " POB a LOT 5-D, BLK. 7 C N 1/2"FC \ \ \ COLONIAL HILLS "LANDES \ ASSOC"BSj \ \ \ VOL. 388-27, PG. 379 PRTCT o O F- � 2d N 3 wlD_ UI PUBLIC DE \ \ BASIS -OF -BEARINGS: ar- F- CC# D222236377 \ \ BEARINGS ARE BASED ON NAD 83 GRID, 0, PRTCT ` \ TEXAS STATE PLANE COORDINATE SYSTEM, b _j NORTH CENTRAL ZONE. OBI L11 \ \ \ \ NOTE: II \ ✓ \ \ UNLESS OTHERWISE STATED, ALL UTILITY FACILITIES SHOWN HEREON ARE PROPOSED AND DO NOT EXIST. PROJECT No.: ENCROACHMENT EXHIBIT SHEET No. 200821-EX 3 TRACTS OF LAND BEING PORTIONS OF Barton Surveying Laser Scanning,L & LC. DATE: 09/28/2022 LOTS A-R-2R1A, A-R-2R1 B& A-R-2R1 C, 2333 SCALE: 1" = 30' BLOCK 52, FOREST HIGHLANDS of City, ll7, TX 7X Suite G Haltomm Cie6117 DWN: WB CHWD: WB FORT WORTH, TARRANT COUNTY, TEXAS 4 © COPYRIGHT 2022 682.841_.0099 FIRM No.: 10194160 EXHIBIT "A" LAND DESCRIPTION TRACT 1: BEING A PORTION OF THAT CERTAIN LOT, TRACT OR PARCEL OF LAND CONVEYED TO JOHN L. BENNETT AND STEPHANIE E. BENNETT IN THE DEED RECORDED IN COUNTY CLERK'S FILE NUMBER, D220284132, DEED RECORDS, TARRANT COUNTY, TEXAS, SAID PORTION OF LAND BEING A PART OF LOTS A-R-2R1A AND A-R-2R1B, BLOCK 52, FOREST HIGHLANDS, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN COUNTY CLERK'S FILE NUMBER D222236377, PLAT RECORDS, TARRANT COUNTY, TEXAS, SAID PORTION BEING MORE PARTICULARLY DESCRIBED, BY METES AND BOUNDS, AS FOLLOWS: BEGINNING AT A POINT FOR THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT OF LAND FROM WHICH A 5/8 INCH IRON ROD FOUND FOR THE MOST NORTHERLY NORTHWEST POINT OF CURVATURE OF SAID LOT A-R-2R1A BEARS NORTH 26000'19" EAST A DISTANCE OF 19.35 FEET, SAID POINT BEING IN THE SOUTHERLY RIGHT OF WAY LINE OF COLONIAL PARKWAY, AN 80 FEET WIDE RIGHT OF WAY, AND IN THE WESTERLY LINE OF A 15 FEET WIDE SANITARY SEWER EASEMENT DEDICATED ON THE PLAT OF SAID BLOCK 52; THENCE SOUTH 53°20'08" EAST DEPARTING SAID RIGHT OF WAY, A DISTANCE OF 22.54 FEET TO A POINT FOR THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT OF LAND, SAID POINT BEING IN THE EASTERLY LINE OF SAID SANITARY SEWER EASEMENT; THENCE SOUTH 11036'43" EAST WITH SAID SANITARY SEWER EASEMENT, A DISTANCE OF 36.06 FEET TO A POINT FOR THE SOUTHEASTERLY CORNER OF THE HEREIN DESCRIBED TRACT OF LAND; THENCE NORTH 53°20'08" WEST DEPARTING SAID EASTERLY SANITARY SEWER EASEMENT A DISTANCE OF 22.54 FEET TO A POINT FOR THE SOUTHWESTERLY CORNER OF THE HEREIN DESCRIBED TRACT OF LAND, SAID POINT ALSO BEING IN THE WESTERLY EASEMENT LINE OF SAID SANITARY SEWER EASEMENT; THENCE NORTH 11'36'43" WEST WITH SAID WESTERLY EASEMENT LINE, A DISTANCE OF 36.06 FEET TO THE POINT OF BEGINNING, AND CONTAINING 541 SQUARE FEET, OR 0.012 ACRES OF LAND, MORE OR LESS. PROJECT No.: ENCROACHMENT EXHIBIT SHEET No. 200821-EX Barton Surveying & 3 TRACTS OF LAND BEING PORTIONS OF Laser Scanning LLC. DATE: 09/28/2022 LOTS A-R-2R1A, A-R-2R1 B & A-R-2R1 C, SCALE: 1" = 30' BLOCK 52, FOREST HIGHLANDS Of Halt m City, Drive, 7 Suite G Haltom Cie, TX 76117 DWN: WB CHK'D: WB FORT WORTH, TARRANT COUNTY, TEXAS 4 © COPYRIGHT 2022 682.841.0099 FIRM No.: 10194160 EXHIBIT "A" LAND DESCRIPTION TRACT 2: BEING A PORTION OF THAT CERTAIN LOT, TRACT OR PARCEL OF LAND CONVEYED TO JOHN L. BENNETT AND STEPHANIE E. BENNETT IN THE DEED RECORDED IN COUNTY CLERK'S FILE NUMBER, D220284132, DEED RECORDS, TARRANT COUNTY, TEXAS, SAID PORTION OF LAND BEING A PART OF LOT A-R-2R1 B, BLOCK 52, FOREST HIGHLANDS, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN COUNTY CLERK'S FILE NUMBER D222236377, PLAT RECORDS, TARRANT COUNTY, TEXAS, SAID PORTION BEING MORE PARTICULARLY DESCRIBED, BY METES AND BOUNDS, AS FOLLOWS: BEGINNING AT A POINT FOR THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT OF LAND FROM WHICH A 5/8 INCH IRON ROD FOUND FOR THE MOST NORTHERLY NORTHWEST POINT OF CURVATURE OF LOT A-R-2R1A OF SAID BLOCK 52 BEARS NORTH 11036'43" WEST A DISTANCE OF 54.04 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF COLONIAL PARKWAY, AN 80 FEET WIDE RIGHT OF WAY, AND NORTH 26000'19" EAST WITH SAID RIGHT OF WAY, A DISTANCE OF 19.35 FEET, SAID POINT BEING IN THE WESTERLY LINE OF A 15 FEET WIDE SANITARY SEWER EASEMENT DEDICATED ON THE PLAT OF SAID BLOCK 52; THENCE SOUTH 65045'48" EAST DEPARTING SAID WESTERLY EASEMENT LINE, A DISTANCE OF 18.51 FEET TO A POINT FOR THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT OF LAND AND IN THE EASTERLY LINE OF SAID SANITARY SEWER EASEMENT; THENCE SOUTH 11'36'43" EAST WITH SAID EASTERLY EASEMENT LINE, A DISTANCE OF 12.34 FEET TO A POINT FOR THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT OF LAND; THENCE NORTH 65°45'48" WEST DEPARTING SAID EASTERLY EASEMENT LINE, A DISTANCE OF 18.51 FEET TO A POINT FOR THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT OF LAND, SAID POINT BEING IN THE AFOREMENTIONED WESTERLY EASEMENT LINE; THENCE NORTH 11'36'43" WEST WITH SAID WESTERLY EASEMENT LINE, A DISTANCE OF 12.34 FEET TO THE POINT OF BEGINNING, AND CONTAINING 185 SQUARE FEET OR 0.004 ACRES OF LAND, MORE OR LESS. PROJECT No.: ENCROACHMENT EXHIBIT SHEET No. 200821-EX Barton Surveying & 3 TRACTS OF LAND BEING PORTIONS OF Laser Scanning LLC. DATE: 09/28/2022 LOTS A-R-2R1A, A-R-2R1 B & A-R-2R1 C, SCALE: 1" = 30' BLOCK 52, FOREST HIGHLANDS of Halt m City, Drive, 7 Suite G Haltom Cie, TX 76117 DWN: WB CHK'D: WB FORT WORTH, TARRANT COUNTY, TEXAS 4 © COPYRIGHT 2022 682.841.0099 FIRM No.: 10194160 EXHIBIT "A" LAND DESCRIPTION TRACT 3: BEING A PORTION OF THAT CERTAIN LOT, TRACT OR PARCEL OF LAND CONVEYED TO JOHN L. BENNETT AND STEPHANIE E. BENNETT IN THE DEED RECORDED IN COUNTY CLERK'S FILE NUMBER, D220284132, DEED RECORDS, TARRANT COUNTY, TEXAS, SAID PORTION OF LAND BEING A PART OF LOT A-R-2R1C, BLOCK 52, FOREST HIGHLANDS, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN COUNTY CLERK'S FILE NUMBER D222236377, PLAT RECORDS, TARRANT COUNTY, TEXAS, SAID PORTION BEING MORE PARTICULARLY DESCRIBED, BY METES AND BOUNDS, AS FOLLOWS: BEGINNING AT A POINT FOR THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT OF LAND FROM WHICH AN EASTERLY CORNER OF A TRACT OF LAND CONVEYED TO DAVID AND MARGARET FARMER IN THE DEED RECORDED IN COUNTY CLERK'S FILE NUMBER D204200352, DEED RECORDS, TARRANT COUNTY, TEXAS, BEARS SOUTH 09°38'47" EAST A DISTANCE OF 9.51 FEET AND FROM WHICH A 5/8 INCH IRON ROD FOUND FOR THE NORTH CORNER OF LOT 5-D, BLOCK 7, COLONIAL HILLS, AN ADDITION TO THE CITY OF FORT WORTH, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 388-27, PAGE 379, PLAT RECORDS, TARRANT COUNTY, TEXAS, BEARS NORTH 53°19'44" WEST A DISTANCE OF 60.81 FEET, SAID IRON ROD BEING IN THE SOUTHERLY RIGHT OF WAY LINE OF COLONIAL PARKWAY, AN 80 FEET WIDE RIGHT OF WAY; THENCE NORTH 53°44'40" EAST WITH THE NORTHERLY LINE OF A PUBLIC DRAINAGE EASEMENT DEDICATED ON THE PLAT OF SAID BLOCK 52, A DISTANCE OF 10.93 FEET TO A POINT FOR THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT OF LAND; THENCE SOUTH 12°25'21" EAST DEPARTING SAID NORTHERLY EASEMENT LINE, A DISTANCE OF 44.28 FEET TO A POINT FOR THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT OF LAND, SAID POINT ALSO BEING IN THE MOST NORTHERLY SOUTH LINE OF SAID PUBLIC DRAINAGE EASEMENT; THENCE SOUTH 81043'25" WEST WITH SAID PUBLIC DRAINAGE EASEMENT, A DISTANCE OF 10.03 FEET TO A POINT FOR THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT OF LAND; THENCE NORTH 12025'21" WEST, 10 FEET WEST OF AND PARALLEL TO THE EASTERLY LINE OF THE HEREIN DESCRIBED TRACT OF LAND, A DISTANCE OF 39.13 FEET TO THE POINT OF BEGINNING, AND CONTAINING 417 SQUARE FEET, OR 0.010 ACRES OF LAND, MORE OR LESS. �P EG s T eRF -♦9 WAYNE BARTON ..................... < 6138 P: 0 S U� CERTIFICATION: PREPARED UNDER MY DIRECTION. AYNE N, RPLS No. 6138 09/28/2022 DATE PROJECT No.: ENCROACHMENT EXHIBIT SHEET No. 200821-EX Barton Surveying & 3 TRACTS OF LAND BEING PORTIONS OF Laser Scanning LLC. DATE: 09/28/2022 LOTS A-R-2R1A, A-R-2R1 B & A-R-2R1 C, SCALE: 1" = 30' BLOCK 52, FOREST HIGHLANDS Of Halt m City, Drive, 7 Suite G Haltom Cie, TX 76117 DWN: WB CHK'D: WB FORT WORTH, TARRANT COUNTY, TEXAS 4 © COPYRIGHT 2022 682.841.0099 FIRM No.: 10194160 PROPOSED PRIVATE HEADWALLS k (2) 4k7 PRIVATE RCB / _ � L ,s sAI.r,Jer sEwEASEMENT \yejR'/�y`` LOT A-R-2R1 B LOT A-R-2R1 A V / r■EEM■EEEEEEEEEEEEEEEEEE ........................ ........................ ...................■■■■■■ ......................... ................. ........... MENEM .......... .......... EEEEEEMEE EEEm■■ .R M■ .imi■... ......0 CLI MMMMMMM ■ ■■■■■■■■■ MMMM 1 MEMO 4NONE MEMO M■MuE\o'-�-�M.rn IMMMM u■M■ ■EEM■sumEu ■MEMEMu20oP. .l�d ,c�uuMOM ■■■E■■n_��:ra�u■EE■■EEOEM MEMO!VA ■MM!o�nMlyrMMMMMMMMMMEME !�R►srMMMMMMMMMEMEMEMEMMM r.��MMMMMMMMMOEM MEMEMEMEM MEMO MEMO MEMO MEMO rt LEGEND ENCROACHMENT LIMITS :D 0+751+00 1+50 2+00 33 0 PAPE-DAWSON COLONIAL PARKWAY SUBDIVISION ENGINEERS ENCROACHMENT 1-A L a DALLAS I SAN ANTONIO I AUSTIN I HOUSTON I FORT WORTH 8/2/2022 jj 5810 TENNYSON PKWY, STE 425 1 PLANO, TX 75024 1 214.420.8494 TEXAS BOARD OF PROFESSIONAL ENGINEERS FIRM REGISTRATION #470 N O LC) IZI- CM O Z d U L!7 T N U THIS DOCUMENT HAS BEEN PRODUCED FROM MATERIAL THAT WAS STORED AND/OR TRANSMITTED ELECTRONICALLY AND MAY HAVE BEEN INADVERTENTLY ALTERED. RELY ONLY ON FINAL HARDCOPY MATERIALS BEARING THE CONSULTANT'S ORIGINAL SIGNATURE AND SEAL. fN L' SCALE: 1 "= 40' x �t■ O. L ERNACE TC � C� 318 LF ENCASEMENT PER TCEQ REWFU ENTS � 5�ra y LOT A-R-2R1B sss 0 14-� If- t+W X0 7 - 15 PUBLIC SANTMY SEWER EAS13MT LEGEND LOT A-R-2R1 A II �j ENCROACHMENT M12LIMITS :1 tttttttttttttttttttttttt■ :/ ttttttttttttttttttttttttN ttttttttttttttttttttttttt ■tttttttttttttttttttttttt ■tttttttttttttttttttttttt ■tttttttttttttttttttttttt ■tttttttttttttttttttttttt iiiiiiiiiiiiiiiiiiiiiiMMO ■NNONOOOOEOEOENOOOOEO ■tttttttttttttttttttt0 575 u L ■ttttttt ■ttttttt ■ttttttt ■ttttttt 1 ■ttttttttt ■NNENNNtttttttN 1 ■tttttttttttttt ■tttttttttttttt ■tttttttttttttt ■NNENNNtttttt tttt MEMEMME ■NONE ■MMMM MESON vo tSMMMMOMOMOSMMMO tttN NONE MEMO ME, .I iiii.1 m m tttONttOOEOEOEN0000EOO ■ttttttttttttttttttttt ■ttttttttttttttttttttt ■NNONESOOEOEOEN0000EOEEEN IS mom ■ttttttttttttttttttttt555 'lAmil E ■ 0+751+00 1+50 2+00 O 0 O PAPE-DAWSON 0 COLONIAL PARKWAY SUBDIVISION ENGINEERS a a ENCROACHMENT a DALLAS I SAN ANTONIO I AUSTIN I HOUSTON I FORT WORTH 10/18/2022 5810 TENNYSON PKWY, STE 425 1 PLANO, TX 75024 1 214.420.8494 C7 Lo Nt CM O Z d U Ln 0 N KU LL TEXAS BOARD OF PROFESSIONAL ENGINEERS FIRM REGISTRATION #470 N THIS DOCUMENT HAS BEEN PRODUCED FROM MATERIAL THAT WAS STORED AND/OR TRANSMITTED ELECTRONICALLY AND MAY HAVE BEEN INADVERTENTLY ALTERED. RELY ONLY ON FINAL HARDCOPY MATERIALS BEARING THE CONSULTANT'S ORIGINAL SIGNATURE AND SEAL. N N C L O O y N C L W `m E o_ rn N 04 CD N N 0 0) Q ai O rn 0 SCALE: 1 "= 40' \ , 40 80 o a00 7� Oa ,Z,� / C) J LEGEND ENCROACHMENT LIMITS EXISTING GROUND- 0 OF � mmmmm Cmmmmmm.�IIEMEMEMEN� 565 PRIVATE DOMEST WATER SERVICES C/FlRE 565 Qof /:y -f Lo <N? L aN? rn -f 0 0 0+00 0+43 00 PAPE-DAWSON COLONIAL PAPRKWAY SUBDIVISION rzj ENGINEERS ENCROACHMENT L DALLAS I SAN ANTONIO I AUSTIN I HOUSTON I FORT WORTH 8/2/2022 jj 5810 TENNYSON PKWY, STE 425 1 PLANO, TX 75024 1 214.420.8494 TEXAS BOARD OF PROFESSIONAL ENGINEERS FIRM REGISTRATION #470 N O Lo It co O Z d U Ln O T N U THIS DOCUMENT HAS BEEN PRODUCED FROM MATERIAL THAT WAS STORED AND/OR TRANSMITTED ELECTRONICALLY AND MAY HAVE BEEN INADVERTENTLY ALTERED. RELY ONLY ON FINAL HARDCOPY MATERIALS BEARING THE CONSULTANT'S ORIGINAL SIGNATURE AND SEAL. EXHIBIT D Certificate of Home Owners Insurance Tier II Easement Encroachment Agreement Page 14 of 14 Revised 11/2020 &h FARMERS INSURANCE underwritten by: FOREMOST LLOYDS OF TEXAS Administrative Office: P.O. BOX 2450 Grand Rapids, Michigan 49501 POLICY NUMBER: 381-5008434312-01 RENEWAL OF: NEW DECLARATIONS PAGE FOREMOST LLOYDS OF TEXAS TEXAS DWELLING POLICY - FORM 1 POLICY PERIOD EFFECTIVE DATE: 03/14/22 EXPIRATION DATE: 03/14/23 AT 12:01 A.M. STANDARD TIME AT THE LOCATION OF DESCRIBED PROPERTY YOU AS NAMED INSURED/MAILING ADDRESS JOHN BENNETT STEPHANIE BENNETT 3329 BRISTOL RD FORT WORTH TX 76107-1857 MARTIN C WOLLMAN FARMERS INSURANCE GROUP 3880 HULEN ST STE 600 FORT WORTH TX 76107-7282 LOCATION 2301 COLONIAL PKWY OF PROPERTY: FORT WORTH TX 76109-1030 CONSTRUCTION: FRAME TERRITORY: R FAMILIES: 1 PROT. CLASS: 1 OCCUPANCY: VACANT RESP. FIRE DEPT.: FORT WORTH FS 8 HYDRANT: WITHIN 1,000 FEET COUNTY: TARRANT FIRE DEPT.: WITHIN 5 MILES LOAN NO.: TRINITY BANK, NA 3500 W VICKERY BLVD FORT WORTH TX 76107-5618 AGENCY CODE: 890036276 TELEPHONE: (817) 509-0072 YR. BUILT: 1963 FORM: TDP1 KEY RATE: CITY LIMIT: Policy Number: 381-5008434312 -01 Form 80999 03/12 INSURED COPY PAGE 1 CONTINUED 301684 381-5008434312 LIMIT OF LIABILITY COVERAGE A. DWELLING $ 478,000 OTHER STRUCTURES $ 47,800 ....1...N....S... U. RED:A................ ....... ....... ....P....................E........R................I....L........ ....S...................... ........... ................. ...... ... ....................................................... .......................................................... . ................................ .......... . .................................................. ................... ..I. ........ ...-..................... . ................................... .......... ........... ............................................ ........................ .................................................................................................................... .................................1....... ...-..11.......-. ----......-................................................................................... ...................................... ... .................................... ........-.-............................... .. .... .... .......J ADD 'L/RETURN ANNUAL PREMIUM PREMIUM DESCRIBED DWELLING FIRE AND LIGHTNING NORMAL $ F.R.% $ ACTUAL $ 6,196.00 SUDDEN AND ACCIDENTAL DAMAGE FROM SMOKE, WINDSTORM, HURRICANE, HAIL, EXPLOSION, AIRCRAFT AND VEHICLES, RIOT AND CIVIL COMMOTION $ 765.00 ... ... ... ... .. .............. ............... .................. ........................ ............. ................................... ............................................................................. ...... I ........ I ................................................................................................................................................... ........................................... ...................... .. ......... ............. ...... . ... ... ...................... ......... .... ..-.. .............. X....'.E.. ..N..... ....C...... .H......I.M................ ......................... -.........-.... .......................".......N................ ... ..E.......R.... ..::..::..A.'.......-"..N...........D............ ::............ . ................. :.:...A...... .... T. ... ... ...... ............. ... ::.T... . ..... ... ... ... .......'..,..,.. "..,."....,......,.....,.... .:.,.:..:.,...:.,.:..:.'.. .'.:..;., E N..:. BTA j W P0L.Cy...".."...... ...... ........................................................................ .................. ..... .. ...X.......7 ..... .. I.. ...................... ............ ........... ......................... .....I.................... .....I...................................... LIMIT OF ADD'L/RETURN ANNUAL LIABILITY PREMIUM PREMIUM 732588 05/15 INS INFORMATION -USE OF CONSUMER RPT INCLUDED 10120 06/14 TDP-011 VACANCY CLAUSE INCLUDED 10237 08/20 LOSS SETTLEMENT AMEND ENDORSEMENT INCLUDED 11390 03/13 TEXAS DWELLING POLICY - FORM 1 INCLUDED 11276 04/19 RPLC COST W/15YR ROOF COVERING LMT $ 20.00 In consideration of our agreement to allow you to pay in installments, the following service fee(s) apply per installment: 1-PAY 2-PAY 4-PAY 10-PAY 12-PAY $0.00 $6.00 $6.00 $6.00 $2.00 OTHER COVERAGES, LIMITS AND EXCLUSIONS APPLY - REFER TO YOUR POLICY Processed: March 14, 2022 Policy Number: 381 -5008434312 -01 Form 80999 03/12 INSURED COPY PAGE 2