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HomeMy WebLinkAboutContract 47556 1l� 34Ss� CITY SECRETARY r �',3 CONTRACT NO. CITY EASEMENT ENCROACHMENT LICENSE AGREEMENT Commercial 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, its duly designated Assistant City Manager or Planning and Development Director, and BAILEY BOSWELL MARKETPLACE LP, a Texas limited partnership ("Licensee"), owner of the real property located at the northwest corner of Bailey Boswell Road and Old Decatur Road, Fort Worth,TX 76179 ("Property"). RECITALS WHEREAS, Licensee is the owner of certain real property situated in the City of Fort Worth, Tarrant County, Texas, more particularly described in the attached Legal Description of the Property; and WHEREAS, the City has a fifteen foot (15') wide sanitary sewer and water easement (the "Easement") in the Property as shown on the map attached to this Agreement as Exhibit"A" and incorporated herein for all purposes; and WHEREAS, Licensee desires to construct/place and maintain certain improvements which will encroach onto the Easement; and WHEREAS, City will allow the encroachment under the terms and conditions as set forth in this Agreement to accommodate the needs of the Licensee. NOW,THEREFORE,the City and Licensee agree as follows: AGREEMENT 1. City, in consideration of the payment by the 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 upon and occupy a portion of the City's Easement for the purpose of constructing and operating a storm drain system and paving (collectively,the "Encroachment") as described in and at the location shown on Exhibit "A" but only to the extent shown thereon. Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within and above the Easement. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on City's Easement beyond what is specifically described in the Exhibit(s) attached hereto. 2. 2015 Easement Encroachment Agreement-Commercial OFFICIAL(RECORD Page 1 of 13 Rev.02/2015 CITY RECRET9 9v4 56390.005.13 FT.WORTH,TX All construction, maintenance and operation in connection with such Encroachment, use and occupancy shall be performed in strict compliance with this Agreement and the City's Charter, Ordinances and Codes and in accordance with the directions of the Director of the Transportation and Public Works or the Director of the City's Water Department, or his or her duly authorized representative. Licensee shall submit all plans and specifications to the applicable Director or his or her duly authorized representative prior to the construction of the Encroachment. Licensee shall not commence construction of the Encroachment until receiving written approval by the Director, but such approval shall not relieve Licensee of responsibility and liability for concept, design and computation in the preparation of such plans and specifications. 3. Upon prior written notice to Licensee, except in the case of an emergency, Licensee agrees that City may enter and utilize the referenced areas at any time for the purpose of installing, repairing, replacing, or maintaining improvements to its public facilities or utilities necessary for the health, safety and welfare of the public or for any other public purpose. City shall bear no responsibility or liability for any damage or disruption or other adverse consequences resulting from the Encroachment installed by Licensee, but City will make reasonable efforts to minimize any damage or disruption. In the event that any installation, reinstallation, relocation or repair of any existing or future utility or improvements owned by, 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, Licensee shall pay to City an additional amount equal to such additional cost as reasonably determined by the Director of Transportation and Public Works or the Director of the Water Department, or said Director's duly authorized representative. 4. Licensee agrees to pay to City at the time this Agreement is requested an application fee of$325.00 in order to defray all costs of inspection and supervision which City has incurred or will incur as a result of the construction, maintenance, inspection or management of the encroachments and uses provided for by this Agreement. 2015 Easement Encroachment Agreement-Commercial Page 2 of 13 Rev.02/2015 261079190 56390.005.13 5. The term of this Agreement shall be for 30 years, commencing on the date this Agreement is executed by City. However,this Agreement may be terminated by the City upon Licensee's non-compliance with any of the terms of this Agreement after notice in writing and opportunity to cure such non-compliance. City shall notify Licensee and Lender (defined below) in writing of the non-compliance, and if not cured within 30 days, this Agreement shall be deemed terminated, unless such non-compliance is not susceptible to cure within 30 days, in which case this Agreement shall be deemed terminated in the event that Licensee or Lender fails to commence and take such steps as are necessary to remedy the non-compliance with 30 days after written notice specifying the same, or having so commenced, thereafter fails to proceed diligently and with continuity to remedy same. Notwithstanding the foregoing, the City acknowledges and agrees that PlainsCapital Bank ("Lender") shall have right, but not the obligation, to cure any such non-compliance. 6. It is further understood and agreed between the parties hereto that the Easement to be used and encroached upon as described herein, is held by City as trustee for the public; that City exercises such powers over the Easement 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 Easement 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 Easement to be used for any other public purpose, that does not preclude the use of the Encroachment on the Property, 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 the Encroachment and the public purpose. 7. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER HIND OR CHARACTER, ARISING OUT OF OR IN CONNECTION WITH, 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 NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND 2015 Easement Encroachment Agreement-Commercial Page 3 of 13 Rev.02/2015 26107919v4 56390.005.13 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. 8. While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance naming City as certificate holder, as proof that it 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 "A". The amounts of such insurance shall be not less than $1,000,000 Commercial General Liability 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 30 days prior written notice to the Building Official of the City of Fort Worth. A copy of such Certificate of Insurance is attached as Exhibit "B" and incorporated herein for all purposes. Licensee agrees to submit a similar Certificate of Insurance annually to City on the anniversary date of the execution of this Agreement Licensee agrees, binds and obligates itself, 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 the cleaning and restoration of the Easement. All insurance coverage required herein shall include coverage of all Licensees' contractors and subcontractors. 9. Licensee agrees to deposit with 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 Tarrant County, Texas. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. 2015 Easement Encroachment Agreement-Commercial Page 4 of 13 Rev.02/2015 261079190 56390.005.13 10. Licensee agrees to comply fully with all applicable federal, state and local laws, statutes, ordinances, codes or regulations in connection with the construction, operation and maintenance of the Encroachment and uses. 11. 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. 12. 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. 13. 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 Easement and is not a conveyance of any right, title or interest in or to the Easement 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. 14. 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 attorney's fees. 15. The parties agree that the duties and obligation contained Sections 3 and 4 shall survive the termination of this Agreement. 16. 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 City, and any attempted assignment without such written approval shall be void. In the event Licensee 2015 Easement Encroachment Agreement-Commercial Page 5 of 13 Rev.02/2015 261079190 56390.005.13 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, including an assignment to 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 60 days of such foreclosure or assignment and assumes all of Licensees' 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. 17. 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. 18. This Agreement shall be binding upon the parties hereto, their successors and assigns. SIGNATURES APPEAR ON FOLLOWING PAGE] 2015 Easement Encroachment Agreement-Commercial Page 6 of 13 Rev.02/2015 26107919v4 56390.005.13 THIS AGREEMENT may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. City Licensee: CITY OF FORT WORTH BAILEY BOSWELL MARKETPLACE LP, a Texas limited partnership By: UCD BAILEY BOSWELL GP LLC, a as i ited liability company, gener artnex By: r By: V/ Randlerwood Name: Robert orazil, Director Title: Manager Planning and Development Date: 204 ATTEST: Approved As To Form and Legality City Sectat7 Assistant City Attorney ® �ygnoAq ` 00 4 �$ 0 _ 09 AO O00" OOOOOOCOO , Act + OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX 2015 Easement Encroachment Agreement-Commercial Page 7 of 13 Rev.02/2015 26107919v4 56390.005.13 STATE OF TEXAS § COUNTY OF TARRANT § tyRa� nstrum nt was acknowledged before me on , 201 n r� arwood, Director of the Planning and Development Department of the City rt Worth, on behalf the City of Fort Wort CASSANDRA F. FOREMAN Notary Public,state of Texas My commission Expires otary Public, State of Te s April 26, 2017 After Recording Return to: Cassandra Foreman Planning and Development Department 1000 Throckmorton Street Fort Worth TX, 76102 2015 Easement Encroachment Agreement-Commercial Page 8 of 13 Rev. 02/2015 26107919v4 56390.005.13 STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, on this day personally appeared Robert V. Dorazil, known to me to be the Manager of UCD Bailey Boswell GP LLC, a Texas limited liability company, General Partner of BAILEY BOSWELL MARKETPLACE LP, a Texas limited partnership, whose name is subscribed to the foregoing instrument, and acknowledged to me that it was executed for the purposes and consideration mentioned and in the capacity expressed therein. � GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 1 2016. TERRY MONDJPIPERNotary Public,StMy mmissionExpi?1)1r g ;� •a, MyCommissio`�a �,, November 2Pub is in and for eate o Texas 2015 Easement Encroachment Agreement-Commercial Page 9 of 13 Rev.02/2015 26107919v4 56390.005.13 LEGAL DESCRIPTION OF THE PROPERTY BEING a tract of land situated in the HEIRS OF BENJAMIN THOMAS SURVEY, ABSTRACT NO. 1497, City of Fort Worth, Tarrant County, Texas, being a portion of a tract of land described in deed to B.N.M. Properties, L.P., as recorded in Volume 13998, Page 568 (County Clerks Instrument No. D199228248), Official Public Records, Tarrant County, Texas, and being more particularly described as follows: COMMENCING at a 1/2-inch iron rod with red plastic cap stamped "W.A.L" set for corner at the Southwest corner of said B.N.M. Properties, L.P., said iron rod also being situated in the Northerly right-of-way of W. Bailey Boswell Road (Co. Road #4040), a variable width right-of-way, and being the Southeast corner of Twin Mills, Phase 1 Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat thereof recorded in County Clerks Instrument No. D193056584, Official Public Records, Tarrant County, Texas; THENCE North 89 deg 53 min 41 sec East, along the North right-of-way of said W. Bailey Boswell Road, a distance of 490.41 feet to a 1/2-inch iron rod with red plastic cap set for corner and the POINT OF BEGINNING; THENCE departing the North right-of-way of said West Bailey Boswell Road, over and across said B.N.M. Properties,the following courses and distances: North 00 deg 06 min 19 sec West, a distance of 199.99 feet to a 1/2-inch iron rod with red plastic cap set for corner; North 89 deg 53 min 29 sec East, a distance of 187.50 feet to a 1/2-inch iron rod with red plastic cap set for corner; North 00 deg 06 min 19 sec West, a distance of 135.36 feet to a 1/2-inch iron rod with red plastic cap set for corner; South 52 deg 48 min 31 sec East, a distance of 82.14 feet to a 1/2-inch iron rod with red plastic cap set for corner, said point being the beginning of a curve to the left having a radius of 115.50 feet, a central angle of 53 deg 22 min 31 sec, a chord bearing of South 79 deg 29 min 46 sec East, and a chord length of 103.75 feet; Along said curve to the left, an arc distance of 107.60 feet to a 1/2-inch iron rod with red plastic cap set for corner; North 73 deg 48 min 58 sec East, a distance of 213.72 feet to a 1/2-inch iron rod with red plastic cap set for corner; North 71 deg 39 min 30 sec East, a distance of 354.62 feet to a 1/2-inch iron rod with red plastic cap set for corner; 2015 Easement Encroachment Agreement-Commercial Page 10 of 13 Rev.02/2015 26107919v4 56390.005.13 South 86 deg 32 min 25 sec East, a distance of 39.04 feet to a 1/2-inch iron rod with red plastic cap set for corner; North 71 deg 39 min 30 sec East, a distance of 35.96 feet to a 1/2-inch iron rod with red plastic cap set for corner on the Southwesterly right-of-way of Old Decatur Road, a variable width right-of-way; THENCE along the Southwesterly right-of-way of said Old Decatur Road the following: South 18 deg 20 min 30 sec East, a distance of 66.81 feet to a 1/2-inch iron rod with plastic cap stamped "AREA" found for corner, said point being the beginning of a curve to the right having a radius of 1,668.19 feet, a central angle of 03 deg 26 min 12 sec, a chord bearing of South 16 deg 35 min 32 sec East, and a chord length of 100.05 feet; Along said curve to the right, an arc distance of 100.06 feet to a 1/2-inch iron rod with plastic cap stamped "AREA" found for corner, said point being the beginning of a curve to the left having a radius of 1,668.19 feet, a central angle of 03 deg 26 min 12 sec, a chord bearing of South 16 deg 33 min 58 sec East, and a chord length of 100.05 feet; Along said curve to the left, an arc distance of 100.06 feet to a 1/2-inch iron rod with plastic cap stamped "AREA" found for corner; South 18 deg 18 min 18 sec East, a distance of 155.16 feet to a 1-inch iron rod with plastic cap stamped "GORRONDONA" found for corner; THENCE South 35 deg 47 min 32 sec West, departing the Southwesterly right-of-way of said Old Decatur Road, a distance of 37.44 feet to a 1/2-inch iron rod with red plastic cap stamped "W.A.I." set for corner; THENCE North 00 deg 06 min 21 sec West, a distance of 5.91 feet to a 1/2-inch iron rod with red plastic cap stamped "W.A.I." set for corner; THENCE South 89 deg 53 min 39 sec West, a distance of 41.00 feet to a 1/2-inch iron rod with red plastic cap stamped "W.A.I." set for corner; THENCE South 00 deg 06 min 21 sec East, a distance of 18.33 feet to a 1/2-inch iron rod with red plastic cap stamped "W.A.I." set for corner in the North right-of-way of said West Bailey Boswell Road; THENCE South 89 deg 53 min 41 sec West, along the North right-of-way of said West Bailey Boswell Road, a distance of 1,033.26 feet to the POINT OF BEGINNING. CONTAINING within these metes and bounds 335,417 square feet or 7.700 acres of land,more or less.Bearings shown hereon are based upon an on-the-ground Survey 2015 Easement Encroachment Agreement-Commercial Page 11 of 13 Rev.02/2015 26107919v4 56390.005.13 performed in the field on the 20th day of June, 2014, utilizing a G.P.S. measurement from the GeoShack VRS (NAD83)Network. 2015 Easement Encroachment Agreement-Commercial Page 12 of 13 Rev.02/2015 26107919v4 56390.005.13 EXHIBIT "A" Map of Encroachment and Easement 2015 Easement Encroachment Agreement-Commercial Page 13 of 13 Rev.02/2015 26107919v4 56390.005.13 EXHIBIT"A" N u M �� \\ O\\\\\ \\ I W_A�E s ' S 100' Scale M III \ 1"=100' I M III \ Ill DET\TIO \ � AREA ENCROACHMENT EXHIBIT 3 TEn 0. 1 STM STM O ( 0 15' WATER EASEMENT STM � 15' WA TER EASEMENT— ENCROACHMENT EXHIBIT 2 III o 12, 75 50 E TA/S.E. ENCROACHMENT EXHIBIT 4 0 /2RE II N — N FEE=< — — ENCROACHMENT EXHIBIT f 1/0.00, 1111 PUBLIC ACCESS A — - - EASEMENT 3 - -, — _ _— _— - - -5� — —STM vR — — —15' SEWER EASEMENTVtj •r{—— — ----- X JOw U 30x WF-W N _P OXIMATE LOCATION W BAILEY BOSWELL ROAOF D , BSTRACT LINE iv. —T� (CO. ROAD #4040 N OE OElO l Tl — —WO 12 GRAVEL I t C IRF N I c L /IRF 7.5'UTILITY EASEMENT CC#D197091722 /l 2" IRF 5'TESCO EASEMENT ` VOL.8422,PG.1661 m 5 I THE SEAL APPEARING ON THIS DQC UMENT WAS I AUTHORIZED 7'Ia Xn" i__ I /-J 1 BY MARIA C. BONILLA—NlC OLLS P.E. 00106 Winkelmann 020 Q,016 & Associates, Inc. ®®�� °oop ENCROACHMENT KEYMAP SHEET CONSULTING CIVIL ENGINEERS ■ SURVEYORS �� (� Cp BOSWELL MARKETPLACE 5730 RILLCREST PLAZA DRIVE.SUITE 323 (172)4 0-70°0 * * p DALLAS TEXAS 76230 (072)`°°�'°°° ............................• • :: ADDITION, LOT 3-5 BLOCK 9 7 Texas Engineers Registration No.89 .... . f f Firm Regbtration 1l se No. 10086600 Expires 12-31-15 N A C BON�UJ1–NOOLLS OF CCWYRlCNT o 2015, Rinkelmann d'Associates,!na ................................... Scale : N/A pp�'•, 100106 Date 02'0s.16 ;999 enchroachment-KEYMAP A 0 Q 0 Pro'ecttl No. : 19999.00 °oAA'6 G:\199\99\ENGINEERING\Exhibits\ENCROACHMENT EXHIBITS 19999 enchroachment-KEYMAP.dwg EXHIBIT"A" N W E S 91 30' 60' Scale 1"=60' Encroachment Area=0.014 ACRES �\ (630 SQ.FT.) KING PROPOSED LOT 3, BLOCK 1 PROPOSED BOSWELL 9 PROPOSED LOT 5, BLOCK 1 MARKETPLACE LOT 4, BLOCK 1 BOSWELL 71 BOSWELL MARKETPLACE PUBLIC ACCESS MAR ETPLACE EASEMENT 17 �, c I 3 ENCROACHMENT EXHIBIT 1 15'SEWER EASEMENT r _ IVE —] I ��I -21 a -W. BAILEY B SWELL OAD- (CO. ROAD #4040) (variable width right-of-way) bent 2" l THE SEAL AP RING ON THIS OCU WAS AU OROED GRAVEL BY MA C. BONILLA-4NI HOLL�E. Ol 6 Winkelmann 020 4016 ENCROACHMENT EXHIBIT 1 D & Associates, Inc. (�.�''.� °oo STORM ENCROACHMENT SHEET �Q... CONSULTING CIVIL ENGINEERS ■ SURVEYORS o ;� ooq IN SEWER EASEMENT BOSWELL 2 6730 HIU.CRESi PLAZA DRIVE,SUITE 315 (1971){190-7090 0 * • * Y DALLAS,rExks 7Texa 9 e9 (19'1)X90-'00o vNc * , • * MARKETPLACE ADDITION, LOT 3-5, Texas En Ineers R /stratlon No.89 R7rm Registratlonl)lcense No. 10086600 Expires 12-31-15 M�A C•BONILLA—NId'IOLLS COPYRIGHT 0 2015, Hfnke/monn&Assoclotes,Inc. ...............................�. BLOCK 1 OF Scale : N/A p'o' 100106 1 , oz.os.ls 10 ' !/ �Cov 0.014 ACRES Date : 19999—ENC—EXH-1 oo��•. C�( ...I Z 630 SQ. FT. DW . File : sS��. ...•� a Pro ect No. : 19999.00 G:\199\99\ENGINEERING\Exhibits\ENCROACHMENT EXHIBITS 19999—ENC—EXH-1.dwg EXHIBIT"A" I / I FENCE— N DETENTION AREA � o \ W E PROPOS b LOT 1, BLOCK 1,- BOSWELL BOSWELL I �� MA K T LACE 3 S 30' 60' / Scale 1"=60' 25 g 5 ST I STM ncroachment^Area=(F.001—AC REIs_TmFT.) _t t 15'WATER EASEMENT 2 ENCROACHMENT EXHIBIT 2 NG PROPOSED .6 LOT 3, BLOCK 1 BOSWELL PRO 6SED MARKETPLACE LOT 4, BLOCK 1 — BOSWELL MARKTPLACE ( 17 (4 3 4 STM SIM o -W. BAILEY B SWELL iOAD- (CO. ROAD #4040) (variable width right-of-way) OFOE _ lTHE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY MARIA C. BONILLA—NICHOLLS P.E. 1 100106 ". Winkelmann 020 , ENCROACHMENT EXHIBIT 2 & Associates, Inc. . m6� .� .. °p0STORM ENCROACHMENT IN WATER SHEET � .•� CONSULTING CIVIL ENGINEERS ■ SURVEYORS O ;; �• Op EASEMENT 6750 HILLCREST PLAZA ORN'E,SURE 323 (972)490-7090 G * * p DALLAS,TEXAS 16239 `072)490-7099 TAX Vf * • • BOSWELL MARKETPLACE Texas Eng/neers RegistroHon No.89 . ............................. flim Reglstrat/on,4,.Sa No. 10086600 Explres 12-31-15 N A�` BONILLA-NICHOII.S CGW7RIGNT a=2015, Winkelmann tt AssodaleA Inc. ..........:........................ ADDITION, LOT 3, BLOCK 1 OF Scale : N/A p • 100106 '� o2.oa.ts OAR, !/ �as� 0.001 ACRES Dote A .1+'•. CE :'o�o DW . File : 19999—ENC—EXH-4 (32 SQ. FT.) Pro ect No. : 19999.00 °p N�!' ®® G:\199\99\ENGINEERING\Exhibits\ENCROACHMENT EXHIBITS 19999—ENC—EXH-4.dwg EXHIBIT"A" CHAIN LINK \ I o FENCE DE TEN T/DN AREA \ W E O EX. T S 30' 60' i Scale 1"=60' 15'WATER EASEMENT, 25 I � T Encroachment Area=0.001 ACRES (34 SQ.FT.) STM Sim lam" 13 ENCROACHMENT EXHIBIT 3 t�tM — — — ❑ V •c3 PROPOSED LOT 3, BLOCK 1 •6 BOSWELL PRO 6$ED 1 L MARKETPLACE LOT 4, BLOCK 1 BOSWELL N MARK TPLACE 0 LU FM STM STM 0 a W. BAILEY B SWELL ROAD- _ (CO. ROAD #4040) _ (variable width right-of-way) M WAS A TH BY MARI ONILLA—NIGH .E. 0006 OF" Winkelmann 02® 0016 ENCROACHMENT EXHIBIT 3 & Associates, Inc. �9°000 STORM ENCROACHMENT SHEET CONSULTING CIVIL ENGINEERS •SURVEYORS 0(� � ••••'.•(p pp IN WATER EASEMENT S7'A HILLCREST PLAZA DRIVE,SUITE 323 (°72){90-7090 DALLAS,TEM 7Texa (°")`°o-'°°°` °.�• •• BOSWELL MARKETPLACE Texas Engineers Regfstratlon No.89 ............................. Finn Regfstratfon/Ikense No. 10086600 Explres 12-31-15 MARIA C. BMIUA-NICHOLLS COPYRIGHT 0 2015, I fnkefmann&Assodotes,Inc. ................................... ADDITION, LOTS 3 AND 4, BLOCK 1 OF Scale : N/A p-o• 100106 Date : 02.08.19 09p�;, !�+ �0 0.001 ACRES p � � DW<7. File : 19999-ENC-EXH-5 Q �s ' ••••• ' �o (34 SQ. FT.) Pro ect No. : 19999.00 ° G:\199\99\ENCINEERING\Exhibits\ENCROACHMENT EXHIBITS 19999-ENC-EXH-S.dwg EXHIBIT"A" N i W E i J — / T 30' 60' Scale 1"=60' 5 T STM Sim 13 [-4d L u IL j DHi U PROPOSED Encroachment Area=0.004 ACRES USED I LOT 4, BLOCK 1 (181 SQ.FT.) LOCK 1 BOSWELL PROPOSED ✓ELL M R pTPLACE 1 LOT 5, BLOCK 1 PLACE BOSWELL MARKETPLACE PUBLIC ACCESS EASEMENT ENCROACHMENT EXHIBIT 4 H LL—T FSTM STM III L�--L - [15'SEWER EASEMENT W. BAILEY B SWELL OAD- (CO. ROAD #4040) (variable width right-of-way) benW aVEL &j�E SEA JAPFARING ON THIS DOCUMENT WAS AUTHORIZED A C. BONILLA—NICHOLLS P.E. 100106 �`. Winkelmann 020 Q,0�� �16 ENCROACHMENTEXHIBIT4 & Associates, Inc. �(� °°oo STORM ENCROACHMENT IN SHEET CONSULTING CIVIL ENGINEERS ■ SURVEYORS oo SEWER EASEMENT 6730 HILLCREST PLAZA DRIYE.SUITE 323 (972)190-7090 • /, DALLAS,TEXAS 75230 (972)190-7099 FAX * ' * 6 5 Texas Engineers Registrotfon No.89 .::.. .......................r. BOSWELL MARKETPLACE Firm Reg/stration/)fcense No. 10086600 Expires 12-31-15 MARIA C Bffii A—NICHO *** CGY'YRIGHT o=2015, Hfnkdmann Assodatee,Inc. ................................... ADDITION, LOT 5, BLOCK 1 OF Scale : N/A p 100106 '� Dote : 02.08.16 dp9o,�;..!/CS O •:®�0d 0.004 ACRES 7 DW . File : 19999-ENC-EXH-3 0 �s' ' ••• ' �o (181 SQ. FT.) Pro ect No. : 19999.00 °°o�✓ONAI� ��� G:\199\99\ENCINEERING\Exhibits\ENCROACHMENT EXH181TS 19999-ENC-EXH-3.dwg EXHIBIT"A" 810 810 805 PROP. GRADE 805 EX. GRADE 800 18" RCP @ 0.209'- 800 PROP. 8 IN SANITARY SEWER PIPE 795 795 790 790 1+00 2+00 3+00 EXHIBIT 1 STORM LINE LOT J-5 lTHE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED Winkelmann 020 ��016 u ENCROACHMENT EXHIBIT 1 & Associates, Inc. o®�� OF r, ®op SHEET �,��.•• "' ' p CONSULTING CIVIL ENGINEERS ■ SURVEYORS Co: ,•, ° o STORM ENCROACHMENT ST PLATA WYE,SURE 325 1171,.a-7190 ; kp DALLAS.TEMS 73230 IN SEWER EASEMENT 1172)410-7011 IAX 6 Texas Engheers Registration No.8g BOSWELL MARKETPLACE Fkm Reglstrotlon/8cense No. 10086600 Expires 12-31-15 MASA C.80NILLA—NICHMS OF COPYRIGHT o=2015 W/nkelmonn h Assodates,Inc. .... ......................... Scale N/A .:19;o ADDITION, LOT 3-5, BLOCK 1 op�9'' l� Date : 02.08.16 o o .,!/� 0 : d 0.014 ACRES Diva. File : 19999 Enchroachment Profile ppp4t�S/ON�L•(���v (630 SQ. FT.) Pro ect No. : 19999.00 Oq o0 G:\199\99\ENGINEERING\Exhibits\ENCROACHMENT EXHIBITS 19999 Enchroachment Proflle.dwg EXHIBIT"A" 810 810 805 805 EX. GRADE PROP. GRADE 8003800 16" R P 0 0. 8 795 795 PROP. PROP. WA TER LINE CROSSING WA TER LINE CROSSING i I I I I I I I I 1 11 790 L 790 0+00 1+00 2+00 EXHIBIT 2 STORM LINE LOT 3 -NICHOLLS P.E. # 1001Q6 THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED 7lA'f7 & Winkelmann 020 0016 o T °°°cuLT,AssNG loci�atesINEERS . Inc. o �� SHEET ' o,Y_..• ""' oo ENCROACHMENT EXHIBIT 2 & 3 5750 RILECREST PLAZA DRIVE,SURE 325 (0112)4990-7090 ;�:' oo STORM ENCROACHMENT DALLAS,TEXAS 75230 (072)4990-7099 FA% Texas Engineers Reglstrotlm No.8g .............................. IN WATER EASEMENT Firm Registrotlon/i/cense No. 10086600 Expires 12-31-15 MARIA C. BONIUA-NICHOLLS COP)RICHT o 2015, W/nkeimonn h Aasodotes,Inc. ................................. OF Scale : N/A o-o. 100106 BOSWELL MARKETPLACE kGr Date : 02.08.16p90'. !/C �o ADDITION LOT 3-4 BLOCK 1 o •c' ENSE r�d Dw . File : 19999 Enchroachment Profile ° tq'S,'•••• ••G�vo Pro ect No. : 19999.00 °4tA/CNA` �`oss0� G: 199 99 ENGINEERING Exhibits ENCROACHMENT EXHIBITS 19999 Enchroachment Profle.dwg Exhibit"B" TKGMANA-06 NDEROUSSE DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 2/17/2016 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 endorsement(s). PRODUCER CONTACT NAME: Charles L.Crane Agency Co. PHONNE., 314 241-8700 FAX 314 444-4970 100 N Broadway Ste 900 a/c Ext):( ) ac No: ( ) Saint Louis,MO 63102 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Cincinnati Insurance Company 10677 INSURED INSURER B:National Surety Corporation 21881 TKG Management,Inc. INSURER C: 211 North Stadium Blvd#201 INSURER D: Columbia,MO 65203 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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. IEFF POLICY EXP LTR TYPE OF INSURANCE ADDL SUBR POLICY I INSD WVD POLICY NUMBER IMM/DD/YYYY MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE ®OCCUR CAP5225085 02/28/2015 02/28/2016 DAMAGE TO RENTED 1 000,000 PREMISES Ea occurrence S MED EXP(Any one person) S 1,000 -PERSONAL BADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY❑JECT 7 LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S Ea accident ANY AUTO BODILY INJURY(Per person) I S ALL OWNED SCHEDULED BODILY INJURY Per accident $ AUTOS AUTOS ( ) HIRED AUTOS NON-OWNED PROPERTY DAMAGE S AUTOS Per accident S )( UMBRELLA LIAB X OCCUR EACH OCCURRENCE (S 10,000,000 A EXCESS LIAB CLAIMS-MADE CCC1158467 02/28/2015 02/28/2016 AGGREGATE S 10,000,000 DED X RETENTIONS O s WORKERS COMPENSATIONPER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NIA E.L.EACH ACCIDENT S (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE 5 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Comml Umbr Excess SHX00032152084 02/28/2015 02/28/2016 Comml Umbr Excess 40,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Additional named insured: Bailey Boswell Marketplace,LP. Location: Northwest Corner of Bailey Boswell Road and Old Decatur Road,Fort Worth,TX 75205 -7.7 acres of vacant land. Coverage for this location added effective 11/10/15. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fort Worth,Planning&Development THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1000 Throckmorton ACCORDANCE WITH THE POLICY PROVISIONS. Fort Worth,TX 76102 AUTHORIZED REPRESENTATIVE I — P /` / ©1988-2014 ACORD CORPORATION. All rights reserved. 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