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HomeMy WebLinkAboutContract 59746Date Received: 7/11/2023 Time Received: 9:47 a.m. Record Number: PN23-00025 City Secretary No.: 59746 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 Denton County Electric Cooperative, Inc., d/b/a CoSery Electric, a Texas electric cooperative corporation ("Licensee"), acting by and through its duly authorized Senior Vice President — Energy Infrastructure. RECITALS WHEREAS, pursuant to that certain Electric Line Easement and Right -of -Way, dated to be effective as of January 9t", 2023 and recorded as Instrument No. 2023-7698 in the Official Records of Denton County, Texas (the "Easement Agreement"), Licensee is the beneficiary of certain easements, rights and privileges with respect to certain property described in the Easement Agreement (the "Easement Property"); and WHEREAS, the City owns a water facility easement (the "Public Property") adjacent to and that crosses the Easement Property, pursuant to the Permanent Water Facility Easement recorded in the deed records of Denton County by instrument number 2019-116167; 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 the covenants and agreements hereinafter contained to be kept and performed by Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and occupy a portion of the City's Public Property as described in and at the location shown on the attached Exhibit "A,", which is incorporated herein for all purposes, but only @er II Easement Encroachment Agreement Page 1 of 10 Revised 12/2022 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX the extent shown thereon, for the purpose of constructing, installing, and maintaining one or more underground electric distribution line(s) and associated facilities and equipment (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within the Public Property. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on the Public Property beyond what is specifically described in Exhibit "A." 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 applicable 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 facilities or improvements owned by or constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance, or existence of the Encroachment and use of Public Property, Licensee shall pay to City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department, or their duly authorized representative. 4. Licensee agrees that City may enter and utilize the Public Property at any time for any public purpose, including installing, repairing, replacing, or maintaining improvements to its public facilities or utilities necessary for the health, safety, and welfare of the public. The City shall have no responsibility or liability for any damages related to the Encroachment resulting from the City's use of the Public Property; however, the City shall make reasonable efforts to minimize such damage. Tier II Easement Encroachment Agreement Page 2 of 10 Revised 12/2022 5. Upon termination of this Agreement, Licensee shall, at the, option of and at no expense to the City, either remove the Encroachment entirely from the Public Property and restore the Public Property to a condition acceptable to the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department or their duly authorized representative. Any such removal of the Encroachment shall be in accordance with then -existing applicable City regulations and policies. It is understood and agreed to by Licensee that if this Agreement terminates and Licensee fails to perform its obligations under one of the two options listed above within this section, to the extent the Public Property was damaged by CoSery in connection with its removal or abandonment of the Encroachment, Licensee hereby gives City permission to remove the Encroachment and any supporting structures from the Public Property and to restore the Public Property at Licensee's sole cost and expense. The parties agree that the duties and obligations contained in this section shall survive the termination of this Agreement. 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 Nine Hundred Dollars ($900.00). 7. The term of this Agreement shall continue for as long as the Encroachment is being utilized by CoServ, commencing on the date this Agreement is fully -executed by the parties. However, the City may terminate this Agreement upon Licensee's noncompliance with any of the terms of this Agreement; provided 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 Tier II Easement Encroachment Agreement Page 3 of 10 Revised 12/2022 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. 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 CITY OR ITS 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 RELATED TO THE ENCROACHMENT. 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 Licensee has secured and paid for a policy of public liability insurance covering all public risks related Tier II Easement Encroachment Agreement Page 4 of 10 Revised 12/2022 to the proposed use and occupancy of public property as located and described in Exhibit A". 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 "B" 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. 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, Tier II Easement Encroachment Agreement Page 5 of 10 Revised 12/2022 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 third party's property interest. 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. 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 Easement Property, Licensee may assign all of its rights and obligations under this Agreement to the new owner of the Easement 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 Tier II Easement Encroachment Agreement Page 6 of 10 Revised 12/2022 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. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which together shall constitute one instrument. [SIGNATURES APPEAR ON FOLLOWING PAGE] Tier II Easement Encroachment Agreement Page 7 of 10 Revised 12/2022 City: CITY OF FORT WORTH By:DJ Harrell (Jul 10, 2023 14:22 CDT) D.J. Harrell, Director of the Development Services Department Date: Jul 10, 2023 ATTEST Q A �Qexs2 Jannette Goodall, City Secretary 44o�aan app� F00R 0 v° O�-1dd l.o Sao o=° �T* CP o. �� b bUaaaa� Date: Jul 11, 2023 Date: Jul 7, 2023 Tier II Easement Encroachment Agreement Licensee: DENTON COUNTY ELECTRIC COOPERATIVE, INC., d/b/a COSERV ELECTRIC, a Texas electric cooperative corporation B r7—c �-- Greg Ward, Senior Vice President Energy Infrastructure Date: ?i+,x 6 2o23 Approved As To Form and Legality Jeremy Anato-Mensah Assistant City Attorney Date: Jul 7, 2023 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. Rebecca Diane Owen (Jul 7, 202318:03 CDT) Rebecca Owen Development Services Page 8 of 10 Revised 12/2022 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 loth day of July ; 20 23 . WendL� Digitally signed by Y Wendy L. Beardslee Beardslee Date:2023.07.10 15:44:57-05'00' - - - - - - - - , o�PRVP�e/ WENDY L BPublic EE . 2 � Notary Public + + STATE OF TEXAS Notary Public in and for the State of Texas 9�oFP Notary I.D. 13323719-3 My Comm. Exp. July 28, 2025 After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 Tier II Easement Encroachment Agreement Page 9 of 10 Revised 12/2022 STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Greg Ward, Senior Vice President — Energy Infrastructure, 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 Denton County Electric Cooperative, Inc., d/b/a CoSery Electric, a Texas electric cooperative corporation, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _6 day of 76LY , 2023. Notary Public in and for the State of Texas Tier II Easement Encroachment Agreement LANCE TAHCHAWWICKAH l Ve' Notary Public. State of Texas Comm. Expires 01 -04-2026 Notary ID 13351480-1 Page 10 of 10 Revised 12/2022 EXHIBIT A Depiction and Description of the Encroachment Tier II Easement Encroachment Agreement Page I I of 12 Denton County Juli Luke County Clerk Instrument Number: 116167 ERecordings-RP EASEMENT Recorded On: September 17, 2019 08:19 AM Number of Pages: 8 " Examined and Charged as Follows: " Total Recording: $54.00 t THIS PAGE IS PART OF THE INSTRUMENT - Any provision herein which restricts the Safe, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 116167 eRx Receipt Number: 20190917000040 Recorded Date/Time: September 17, 2019 08:19 AM User: Connor B Station: Station 10 C0* ' STATE OF TEXAS �1- COUNTY OF DENTON I hereby certify that this Instrument was FILED In the File Number sequence on the dateltime 7 {� duly hereon, and was printed RECORDED in the Official Records of Denton County, Texas. P Y ffi Juli Luke ' .846 County Clerk Denton County, TX Lot 1, Blk 1, Northwest I.S.D. Addition CPN 102188 & 102189 STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON § I CITY OF FORT WORTH PERMANENT WATER FACILITY EASEMENT DATE: June 10, 2019 GRANTOR: NORTHWEST INDEPENDENT SCHOOL DISTRICT GRANTOR'S MAILING ADDRESS (including County): 2001 TEXAN DRIVE JUSTIN, TEXAS 76247 GRANTEE: CITY OF FORT WORTH GRANTEE'S MAILING ADDRESS (including County): 200 TEXAS 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; All that certain lot, tract, or parcel of land, situated in a portion of the William Sample Survey, Abstract No. 1207, the Charles Tydings Survey, Abstract No. 1276,Denton County, Texas, being part of Lot 1, Block 1 of Northwest I.S.D. Addition, recorded in Volume U, Page 188 of the Plat Records of Denton County, Texas (PRDCT), and being more completely described in Exhibit "A." 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 Water Main 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, valves, pipelines, water meters, junction boxes in, upon, under and across a portion of the Easement Property and more fully described in Exhibit "A" attached hereto and incorporated Permanent Water Fae ity Easement Rev. 010 UJ2017 FoR_ T� ri. herein for all pertinent purposes, together with the right and privilege at any and all times to enter Easement Property, or any part thereof, for the purpose of constructing, operating, maintaining, replacing, upgrading, and repairing said Facility. In no event shall Grantor (1) use the Easement Property in any manner which interferes in any material way or is inconsistent with the rights granted hereunder, or (11) erect or permit to be erected within the Easement Property a permanent structure or building, including, but not limited to, monument sign, pole sign, billboard, brick or masonry fences or walls or other structures that require a building permit. However, Grantor shall be permitted to install and maintain a concrete, asphalt or gravel driveway, road or parking lot across the Easement Property. Grantee shall be obligated to restore the surface of the Easement Property at Grantee's sole cost and expense, including the restoration of any sidewalks, driveways, or similar surface improvements located upon or adjacent to the Easement Property which may have been removed, relocated, altered, damaged, or destroyed as a result of the Grantee's use of the Easement Property granted hereunder. Provided, however, that Grantee shall not be obligated to restore or replace irrigation systems or other improvements installed in violation of the provisions and intended use of this Easement Property. TO HAVE AND TO HOLD the above -described Easement Property, together with all and singular the rights and appurtenances thereto in anyway belonging unto Grantee, and Grantee's successors and assigns forever; and Grantor does hereby bind itself and its successor and assigns to warrant and forever defend all and singular the Easement Property unto Grantee, its successor and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. When the context requires, singular nouns and pronouns include the plural. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] Permanent Water Facility Easement Rev.01l18l2017 FORTWORT . GRANTOR: I B /- Judy Co , PkesiderF Northwest ISD Board of Trustees THE STATE OF TEXAS § COUNTY OF TARRANT § GRANTEE: City Fort orth BYi Si natur g (Print Name re Coo , Property 11't ��aament Director APPROVED AS TO F ARM AW LE LITY (Signature) (Print Name) Jealca Sanvsva , ffoistant CityAttomey ACKNOWLEDGMENT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Judy Copp, 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 Judy Copp and that she executed the same as the act of said Northwest ISD the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this i0day of o , zoj9 BRENDA L. WITHERS `• :�- My Notary lD#4778708 Notary Public in and for the State of Texas Expires February 13, 2021 Permanent Water facility Easement Rev. 01118r2017 Foer� W — ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Not Public !Djand f r the ' ate of Texas, ,on his day— ers nally appeared( - /f) t"' ( /.' n A , - Q.'. - Kz�4 of the City of Fort Wcrt , known to me to the same person W os name , subscrib to the foregoing instrument, and acknowledged to me that the same was the act o 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. 41 GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1 day of 20P Notary Public in and for the State c Texas 'von;-o (ID #1211T'l 9-9� Permanent Water Facility Easemenl Rev. 01/18/2017 Fox_�artt. GOODWINa CIVIL ENGINEERS - PLANNERS - SURVEYORS M ARSHALL z EXHIBIT "A" LEGAL DESCRIPTION FOR 15' WATER EASEMENT All that certain lot, tract, or parcel of land, situated in a portion of the William Sample Survey, Abstract No. 1207, the Charles Tydings Survey, Abstract No. 1276, Denton County, Texas, Weing part of Lot 1, Block 1 of Northwest I.S.D. Addition recorded in Volume U,"Page 188 of the Plat Records of Denton County, Texas (PRDCT), and being more completely described as follows, to -wit: BEGINNING at a 5/8" capped iron rod found stamped "DUNAWAY" for the Northeast corner of a called 53.173 acre tract desc�r�bed in a deed to HEUS Alliance LLC recorded in Instrument No. 2019-2244�of the Deed Records of Denton County, Texas (DRDCT), and j,he Northwest corner of a called 18.507 acre tract described in a deed to Nort west Independent School District recorded in Instrument No. 2018-109099 DRDCT), and being in the South line of said Lot 1, Block 1, from which a 5/8" capped iron rod found stamped "DUNAWAY" for an ell corner of said 53.173 acre tract and an ell corner of said Lot 1, Block 1 bears South 89 deg. 12 min. 13 sec. West - 900.68 feet and from which a 1 /2" iron rod found for the most northerly Northeast corner of said 18,507 acre tract and an ell corner of said Lot 1, Block 1 bears North 89 deg. 12 min. 13 sec. East - 849.13 feet; THENCE South 89 deg. 12 min. 13 sec. West continuing along the South line of said Lot 1, Block 1 and the North line of said 53.173 acre tract, a distance of 15.00 feet; THENCE North departing said North and South lines, a distance of 143.14 feet; THENCE North 45 deg. 0 min. 0 sec. East, a distance of 14.75 feet; THENCE North 89 deg. 16 min. 43 sec. East, a distance of 337.79 feet; THENCE North 44 deg. 16 min. 43 sec. East, a distance of 57.93 feet; THENCE East, a distance of 570.71 feet; THENCE South 45 deg. 0 min, 0 sec, East, a distance of 27.00 feet; THENCE East, a distance of 62.17 feet; THENCE South, a distance of 15.00 feet; THENCE West, a distance of 68.38 feet; E:\10822-Hines FM156\Cogo\GM EASEMENTS\WATER\WET.dwg 31Q11693 TEXAS - 2405 Mustang Drive - Grapevine, TX 760SI • $11.319.4373 - TBPI3 #10021790 TENNESSEE - 6074 Apple Tree Drive - Memphis, TM 38115 - 901.881.9188 ARIZONA • 2705 South Alma School Road, Suite 2 - Chandler, 0185286 - 602.218.7285 COLORADO - 8400 I;, Prentice Ave. - Greenwood Village, CO 0111 - 303.459.4861 GOODWIN< CIVIL ENGINEERS - PLANNERS - SURVEYORS N4ARSHALL THENCE North 45 deg. 0 min. 0 sec. West, a distance of 27.00 feet; THENCE West, a distance of 558.18 feet; THENCE South 44 deg. 16 min. 43 sec. West, a distance of 57.82 feet; THENCE South 89 deg. 16 min. 43 sec. West, a distance of 339.63 feet; THENCE South, a distance of 138.42 feet to the POINT OF BEGINNING, containing 18,013 square feet or 0.414 acres of land, more or less. Bearings are referenced to Texas State Plane Coordinate System, North Central Zone (4202), North American Datum of 1983 as derived from GPS observation. Exhibit map attached and made a part hereof, 5/25/2019 EA10822- Hlnes FM 1S6\Cogo\GM EASEMENTS\WATER\WE],dwg shoal 2 02 3 TEXAS • 2405 Mustang Drive • Grapevine, TX 160SI - 817,329.437) • TBPLS #10021700 TENNESSEE • 6074 Apple Tree Drive • Memphis, IN 381IS • 901.881.9189 ARIZONA • 2705 South Alma School Road, Suite 2 • Chandler, A2 85286 • 602.2183285 COLORADO • 0400 L Prentice Ave. • Greenwood Village, CO 80111 • 303.459.4861 LINE TABLE LINE # BEARING Ll N00°00'00"E L2 N45000'00"E L3 N44016'43"E 14 S4500900"E L5 N90000'00"E L6 S00°00'00"E L7 N90"00'00"W LS N45000'00"W DISTANCE 143.14 14.75 57.93 27.00 62.17 15.00 68.38 27.00 UR�x` C14ARLES T , C1So 1275 ABSTRACT' N >/ LOT 7, BLOCK J NORTHWESTLS.D. ADDITION VOL. U, PG. 188 P.R.D,C,T. 0 200 I_ SCALE IN FEET L9 S44016'43"W 57.82 1.5'WATER EASEMENT L10 I S00°00'00"W 138.42 18,01.3.SQ. FT / 0.414AC. 337.79' ,� N 90°00'00" E 570.71' 14 � ..............,.... L5 N 89°16'43" E.,.../,r�q N 90°00'00" W $58.18' 18 L6 - - - J S 89016'43" W _ A-1276 APPR0X111IATF. LOCA'I'10rV - L7 0 339.63' A-1207 OI ABSTRACT L11VF, 885,68' -A S 89° 12' 13" W N 89012' 13" E 849,13' N 89012'13" E� D/UNA'wAr' 5'00' POINT OF BEGINNING 5/8" C.I.R.F. w "DUNAWAY' U V CALLED 18.507ACRES 2 o U NORTHWEST INDEPENDENT SCHOOL DISTRICT INST, NO, 2018-709099 p Q O o ! D.R.D.CT. i z SAMPLE SURREY ABS SAMPLE NO.1207 I EXHIBIT "A" MAP SHOWING 15' WATER EASEMENT, SITUATED IN A PORTION OF THE WILLIAM SAMPLE SURVEY, ABSTRACT NO.1207 CHARLES TYDINGS SURVEY, ABSTRACT NO. 1276 CITY OF FORT WORTH, DENTON COUNTY, TEXAS G®O.DWIN < Job No.: 10822 Scale: 1"=200' Sheet M ARS]HALL z Drafted: D.M.D. Checked: J.N.R. CIVIL ENGINEERS -- PLANNERS — SURVEYORS Surveyed on the Ground: 10/22/2018 of 2405 Mustang Drlvs, arAFeWfla, Tom 75051 Date Prepared: 5/ 14/2019 (817) 829 - 4373 TSPE REGI9TRAION / F2844 TBPl.9 0 ION1700 Revised: I Revised: BEARINGS ARE REFERENCED TO a TEXAS STATE PLANE COORDINATE w SYSTEM, NORTH CENTRAL ZONE (4202). NORTH AMERICAN DATUM OF 1983 AS DERIVED FROM GPS OBSERVATION. Z tu TE�x'9 S o•. JOHN N. ROGERS �..6372 %'`ESS\p? x �HOqL SURV Date Signed: V2512029 W I VICINITY MAP (NOT TO SCALE) CITY MUSTIN EXHIBIT "A" CENTERLINE DESCRIPTION FOR A "3' x 27' EASEMENT ENCROACHMENT" BEING 81 square feet of land situated in Lot 1, Block 1, Northwest I.S.D. Addition, an addition to the City of Fort Worth, Denton County, Texas, as filed in Cabinet U, Page 188, Plat Records of Denton County, Texas (P.R.D.C.T.), and being a portion of two tracts of land described in deeds to the Northwest Independent School District (Northwest I.S.D.), as filed in Volume 1607, Page 797 and Volume 1047, Page 995, Deed Records of Denton County, Texas (D.R.D.C.T.); and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod found at a re-entrant corner of said Lot 1, also being the most northerly northeast corner of a tract of land described in deed to the Northwest Independent School District, as filed in Instrument #2018-109099, D.R.D.C.T., from which a 1 /2 inch iron rod found at a re-entrant corner of said Northwest I.S.D. (Inst. #2018-109099), also being the southwest corner of Right -of -Way (R-O-W), for Texas Drive (variable width), bears S 01'39'43" E, a distance of 279.14 feet; THENCE N 26043'27" E, passing over and across said Lot 1, a distance of 194.30 feet to a south line of a 15' Water Easement, as filed in Instrument #2019-116167, D.R.D.C.T., for the POINT OF BEGINNING of the centerline of a 3' wide Easement Encroachment of the hereinafter described tract of land; THENCE N 12014'28" W, continuing over and across said Lot 1, passing over and across said 15' Water Easement, also passing over and across a 10' Utility Easement, as filed in said Cabinet U, Page 188, P.R.D.C.T., a distance of 27 feet to the north end of the centerline of said 3' wide Easement Encroachment and containing 81 square feet or 0.002 of an acre of land. ��_ ---'rch 28, 2023 Theron W. Sims, R.P.L. Texas Registration No. 5887 Surveyed on the ground Nov. 23, 2022 1. Bearings of lines shown hereon refer to Grid North of the Texas Coordinate System of 1983 (North Central Zone; NAD83(2011) 2010.00) as derived locally from Allterra Central's Continuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK) methods. An average Combination Factor of 1.00015063 was used to scale grid coordinates and distances to surface. 2. Integral parts of this survey: a. Legal Description b. Sketch Sheet I of 2 NWI 21428 518" IR RECOVERED WITH NORr ` - _ - - CAP STAMPED VOL. 1782 HW£ST /. S. D. - - _'7NP 918, D. R. D. C T. ---- ------------- , �-- _ C, iB. 4 RAGIE .ii 88. . NORTHWEST INDEPENDENT SCHOOL DIST. VOL. 1607, PG. 797 D. R. D. C. T. 10'x 12' WATER ESM'T. 20' CoSERVE ESM'T. INST. #2003-163147 INST. #2010-118946 D.R.D.C.T. D.R.D.C.T. r--\------------------------ �! -------------------------- ii 10" U.E. 10' U.E. U, PG. 188- �i CAB, U, PG. 188 P•R.D.C.T. P. R. D. C. T. ii u B_.r:. n 20' CoSERVE ESM'T. INST. #2010-118946 .i � i. '; D.R.D.C.T. , 10' U.E. i CAB. U, PG. 186 - �r _ P.R.D.C.T. , 15' WATER ESM'T. INST. #2019-116167 �l` n D.R.D.C.T. \�------ --------- IL--- ...... ii--------------------------J NORTHWEST I.S.O. N12'14'28"W-/ ' VOL. 1047, PG. 995, D.R.D.C.T. 27.00' NORTHWEST I.S.D. P . O .0 INST. 12018-109099 1/2" IRF D.R.D.C. T. LE (CONTROL MON.) JEANNIE SHELTON VOL. 4467, PG. 1559 D.R.D.C.T. (REMAINDER) I LOT 1, BLK. 1 TMS SELF STORAGE , INST. #2019-13 P.R.D.C.T. 1 TEXAN DRIVE ACCESS ESM'T. ST jf2007-1971 D.R.D.C.T. 10' U.E. U, PG. 188 ]. R. D.C.T. 12'x 12' U. E. B, U, PG. 188 P.R.0.C.T. 10' U.E. U, PG. 188 P.R.D.C.T ACCESS ESM'T, O.00 Ac. ST, If2007-1971 81 .F. D.R.D.C.T. 15' WATER ESM'T. INST. J2019-175167 D. R. D.C.T. NOTES.- 1) Bearings of lines shown hereon refer to Grid North of the Texas Coordinate System of 1983 (North Central Zone; NAD83(2011) 2010.00) as derived locally from Allterra Central's Continuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK) methods. An average Combination Factor of 1.00015063 was used to scale grid coordinates and distances to surface. 2) Integral parts of this survey: a. Legal Description b. Sketch THERON W. SIMS, R.P.L. r TEXAS REGISTRATION NO. 5887Date: March 28, 2023 Surveyed on the ground Nov. 23, 2022 1� 3Ln:.. , ,hN CAB. NORTHWEST I.S.D. SCALE: 11 "=300' VOL. 1047, PG. 995 D. R. D. C. T. 3' x 27' P.O.B.- EASEMENT ENCROACHMENT (81 S.F.) THERON W. SIMS ..%.......................... 5887 OFf55� \� .•.S U RN • � 15' CoSERVE ESM7. #201 INST. .R.D- T.. _ 55349 D.R.D_C.T N26'43'27"E 194.30' tt 12' U.E.o' U.E.E CAB, U, PG. 12' U.E. 788 t o) ai I r`` } 70' U.E. ivar---CA8. U, PG. 188 `�� P.R.D.C.T. CAB, U, PG. 188 P.R.D.C.T �� P•R.D.C.T. CAB, U, PG. 188 P.R.D.C.T. 1 , N i l R.� ii h 1 TEXAN DRI VE VARIABLE WIDTH R-D—W T40. 112- IRF -- EXHIBIT "B►' (CONTROL MON.) APPROX. EASEMENT ENCROACHMENT teague nail & perkins SURVEY LINE 5237 N. Riverside Drive, suite 100 Being a portion of Lot 1, Block 1, Northwest I.S.D. Addition, an t n Fort worth, Texas 76137 addition to the City of Fort Worth, Denton County, Texas, as filed 817.336.5773 ph 817.332.7756 fx in Cabinet U, Page 188, Plat Records of Denton County, Texas. P-Anpinc.corn / TSPLS Registration No. 100116-00 JOB No. NWI 21428 SHEET 2 OF 2 � s 4 CITY OF FORT l WORTH EASEMENT .�.:_.. ._ n ; _ r.rayr, + ati LINE A GENE PIKE MIDDLE SCHOOL !. 1p NORTHWEST L HIGH SCHOOL a PP[PPREO EOP 77 EMPACT ENGINEERING PIKE MIDDLE SCHOOL JUSTIN, TEXAS r� Fl*i,e X �� 4W,K14lP „•,W CAUTION !!! EIUmNG UIIURES LEGEND .mOOVaE QCtlN,v+.r4W a13 �.r..,.. 13�w,.2.. 0 0 a f Y PROJECT LAYOUT PROJECT NUMBER : OU3136006 °i' al/16/23 la F''M tla 1 = I IWr m1alRNF4� OM•R IMOpOR1EWt.11 � .I �, (Ndewldl nawlnu; I z E nOr,uxn, lwdlll I I Vr ' , IL nl' i m1 I I 1 1 • pl I I I I I rm•e1u w • � 6 • � r � ?f <o,+n r.n.ouo Mrlr uanraranwa: you s 11 na�� � woulecnoxaurs�r teernw�u-- � 1 E � 1 amxruac� i I ' I I . xFaowua ( ; I �" `���j7GJ4NI'ljjnE(o✓N3+1 f. �cicttu([u,[♦ TO FIIID VI.R rtp�4011,0� w Y11vY wOfOif Win! '• Nw.tlaa f [ a s.r <awm u ve..r •+FI � •la=ww. •. 56/1 • '0.WR�i - oldcmx.ursan100 Is: u da-r carlowr - a YedauwrN 1 i xrpuM tsrr»..n„w. LINE A 690 avnola n' 1 a<nKN [x0. • t �•l.nM 11•Iwwrudwa wu»IU rlm,vnrr S 1=1 'Pal 10 670 IA 666 wsalRuc �tm' (OMMR �KO•NI�aIY� ' rFa IRxMM. J p� IM 1 �H»«<:'1 .m, of url.( 660 osw(alllxw.IcaF aaur ro•oiuir u� �. w. rnnwaFw Fww nrw•n dFrioialr o.ov s.M a.w I•w xcrnwulux EMPACT ENGINEERING IA�9St11MOOd PIKE MIDDLE SCHOOL 1US INJT 5 67J V.1 600 CAUTION 11! [RI611NGUnI1R5 LEGEND ,=m xrtwu 1 nnrxns,xrc ' awu.�nww, I ��eo-ixwe4�ianw Mw {M.uw nr�,e .Ix�'iareaxn i PLAN & PROFILE LINE A 2 PRO)ECF NUMBER: 09373E006 .,r 01/10/23 GENSRANDTES 1 LLWOMUALESSORGRWKC NOTED.SIMLOONFORMTOIIIENI11 COISPECTRE IMUERGROUNU SPlCPKAIpNSD DILRWINLK Il1lRl SIANDAPO YECIFICROONS FOP IllBllC LVpNt2 CONSINUCTI W. AS KSVED BYMF NORM CENTPAIAIDFGOE NIP. ANDi Ury OPI CT' 0 S1EA fTUWGSUDRHIVEMSUDTAEAlDU0.0OA0.11TNRGTRO*N NiFXASlENASO-OSBNNS COrOF NCTCOGSPbAMpNSGNEEOBTNN[DBYWNPCRGNCCOS16 IBInAOTE0 t UNLESS OIHERWKENOIEUALLCONODIESHALLBEIYPEIACU55'A'3 PUSIPFNG'N ATMDA'PS CONCRFIFTORBAn ANDDMNAGFSTMUO SHALL R FYPF I CLASS'P AROT PS S1R WGTH AT RS DATS 11LITIES HAVE BEEN DETUMNEDRROM DATARE[OIIRFD BYODIMS THE CONTRACTOR SHALL V_,_T A`NECESSMY CROSSNG 0.—. CFS BETWEEN EIRSTNG.WDFlF0N% SURLRRSORST,_A CONST—O. WAFV EANDOSSNG Mor Att IVOIVSIBILTWOTTHF fpNT ON ITO WILL BE UEANDL 5lA UN OF THE N VNW TO CONSIRUlt N IT VAIL BE THE HE OIISIBIUN OF TNF THIS PR CIOR TO vg01Ki ALL PUBUG UHlRES N THE CONST4KOON Of 1N15 PFORH:T 1 IFWL BE ME RESPONSRrIry Oi Mf <ONIPAR04 TO PROIERALL MANHOLES OFAN OUTS VALVE BONES FIRE HYDRANTS ETC THEY NVST BE ADIUSi.TO THE FROPDL LINEANDGMOE BY THE CDNiPAROR PP104 TO AN—UtrIICPLAONGOF NIFNIANDRPANINGANDGRANNG WAPTES MUSTBEIALN NEDTOPROKRUN ANDGMDFTHW HOUTTHE CONSTRURpN 01 THH F0.01ECT S CONllIACfOR SHALLMNNINNONESETOF'RECORDDGVRN05'OASITf WREN WILL BESVBWOW V THEOWNER ORMGWEER VMN CWKESgN OFIMF PROIECI MCORDOMWINGSSNALLINOICPii iX[LOGTUN+OF V4L SKT[RMNCANUT—MPAOVCNMSANDIDRRCLOGTONS TIEYSNVL ALSOWLWDED41ENS NALTIESIOALLNIRV MLULVFRISINUI% IUNC'ION BORES ORE HfDFNVTS ETC 6 CONiMCIOEYfiTl ENlRAl. OS4AGTPNOAIRDNNDIEEGBKW COMMIANtE WIM ALLFFDEPAl105 N0. STAApAR05 PND REGUUnONS). 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MINMJM GERNNATION RATE. A CIROTIGTEW..AL PH.I.-ITING,PPONO.TNI-IIIII-O INGWEER VRTH ME STATE OF TEXAS CIRTIfIGIE STARNG ANALYSISW FURRY AND GERMINATION OF SEED a 1lunaluDRD9Kc,RAwywSEturouorB • WfiLdPItONRf�ALCMSSS[UTTMLLRAREO L AP\tIDNXVLI II-NELIW WIGS INUSWaLN<FBU:9 CAUTION N c11mNG ununes MBNMTF,NLIHIH� <aHPTRVONI I.IG�•eA gIfAA.[ IL II i • III Wi EMPACT ENGINEERING PIKE MIDDLE SCHOOL+•- GENERAL NOTES 3 "Y++•� `'�—c1�n� IUSTIN, TEXAS nwuDTll ISPM E 01/10/23 V1iCSLVEIOOd PROJECT NumNER: o03T*RD 05 °", EXHIBIT B Certificate of Insurance Tier II Easement Encroachment Agreement Page 12 of 12