Loading...
HomeMy WebLinkAboutContract 50706 OC�� NNTRRACT NO. D`� 0�� EASEMENT ENCROACHMENT LICENSE AGREEMENT r �'`� Commercial CIL, � 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 TCRG Opportunity XVII,LLC [full legal name], a Texas limited liability company [type of entity] ("Licensee"), acting by and through its duly authorized President [title], owner of the real property located at 5000 South Freeway_, Fort Worth,TX 76115 ("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 drainage 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 maintaining drainage structure (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. OFFICIAL.RECORD CITY SOCRl ARY 2015 Easement Encroachment Agreement-Commerciale 1 f 11 t 10 2017 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 such damage. 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 11 Rev. 10/2017 5. The term of this Agreement shall be for 30 years, commencing on the date this Agreement is executed by City. However, this Agreement shall terminate upon Licensee's non-compliance with any of the terms of this Agreement. City shall notify Licensee 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 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. 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 KIND 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 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 2015 Easement Encroachment Agreement-Commercial Page 3 of 11 Rev. 10/2017 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. 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. 2015 Easement Encroachment Agreement-Commercial Page 4 of 11 Rev. 10/2017 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 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 2015 Easement Encroachment Agreement-Commercial Page 5 of 11 Rev. 10/2017 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 11 Rev. 10/2017 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 OFF RT WORTH TCRG OPPORTUNITY XVII, LLC By: By: xij Randle Ha od Name: (Tr Director Title: �y� Planning and D v lopment Date: 1204_ ATTEST: j� Approved As To Form and Legality City Secret 1'� .Or ^Assistant Ci Attorney C) t pliance Manager M&C* By signing I acknowledge that I am the person 1 295 m Responsible for the monitoring and Administration ! Of this contract, including ensuring all performance And reporting requirements. -.�) fop 01�� J ie S. Morales Development Manager O"ICIAL RECORD CITY BECRISTARY Ft WORTWo TX 2015 Easement Encroachment Agreement-Commercial Page 7 of 11 Rev. 10/2017 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on , 201& by Randle Harwood, Director of the Plann' g d Development Department of the City of Fort Worth, on behalf the City of Fort W rth. "a, JENNIFER LOUISE EZERNACK Not Public, t to of ex w�1PpY PU9'i �;Notary Public,State of Texas Comm.Expires 03 01-2020 Notary ID 130561630 After Recording Return to: City of Fort Worth Planning & Development CFA Office 200 Texas Street Fort Worth TX, 76102 2015 Easement Encroachment Agreement-Commercial Page 8 of 11 Rev. 10/2017 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 ROBERT L. PATTON JR. PRESIDENT (title), known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of TCRG OPPORTUNITY XVII, LLC a TEXAS LIMITED LIABILITY COMPANY capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE thisog+ day of 20 =CHERHL L COUCHRY PUBLIC AEg COa'��125016597e of Texas Not Pubin and for the Exp.04.28-2022 State of �� 2015 Easement Encroachment Agreement-Commercial Page 9 of 11 Rev. 10/2017 PUBLIC DRAINAGE EASEMENT ENCROACHMENT Part of Lot 1, Block A, Snapper Addition John Thornhill Survey, Abstract No. 1519 City of Fort Worth, Tarrant County, Texas DESCRIPTION, of a 6,000 square feet (0.138 acre) tract of land situated in the John Thornhill Survey, Abstract No. 1519, City of Fort Worth, Tarrant County, Texas; said tract being part of Lot 1, Block A, Snapper Addition, an addition to the City of Fort Worth according to the plat recorded in Volume 388-210, Page 45 of the Plat Records of Tarrant County, Texas; said tract also being part of that tract of land described in Special Warrant Deed to TCRG Opportunity XVII, LLC recorded in Instrument No. D217122585 of the Official Public Records of Tarrant County, Texas; said 6,000 square feet(0.138 acre) tract being more particularly described as follows (bearing system for this survey is based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone 4202, based on observations made on April 17, 2017 with a combined scale factor of 1.00012): COMMENCING, at a 3.5-inch brass disk stamped "TXDOT" found at the southeast corner of said Lot 1, said point being in the west line of South Freeway (a variable width right-of-way); THENCE, North 07 degrees, 21 minutes, 36 seconds East, along the said west line of South Freeway, a distance of 104.85 feet to a point for the southeast corner of a drainage easement recorded in Volume 9299, Page 1607 of the Deed Records of Tarrant County, Texas; from said point a 3.5" brass disk stamped"TXDOT"found bears North 07 degrees, 21 minutes, 36 seconds East, a distance of 889.15 feet; THENCE, South 89 degrees, 45 minutes, 00 seconds West, departing the said west line of South Freeway and along the said south line of the drainage easement, a distance of 49.72 feet to the POINT OF BEGINNING; THENCE, South 89 degrees, 45 minutes, 00 seconds West, continuing along the said south line of the drainage easement, a distance of 75.00 feet to a point for corner; THENCE, North 00 degrees, 15 minutes, 00 seconds West, departing the said south line of the drainage easement, a distance of 80.00 feet to a point for corner in the north line of said drainage easement; THENCE, North 89 degrees, 45 minutes, 00 seconds East, along the said north line of the drainage easement, a distance of 75.00 feet to a point for corner; THENCE, South 00 degrees, 15 minutes, 00 seconds East, departing the said north line of the drainage easement, a distance of 80.00 feet to the POINT OF BEGINNING; CONTAINING:6,000 square feet or 0.138 acres of land, more or less. (A survey plat of even survey date herewith accompanies this description.) The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the encroachment tract described. OF• lF n�9F9Jy ��d/�4 Michael Cleo Billingsley Date 1rYCHAEL ClE....... ... Registered Professional Land Surveyor No. 6558 'r... 6558 e::o 9 Y 9'•9F�s s�°t l ° Pacheco Koch Consulting Engineers, Inc. '�'0'••S���t� 6100 Western Place, #1001, Fort Worth TX 76107 (817)412-7155 TX Reg. Surveying Firm LS-10008001 3485-18 063EX3.doc 3485-18.063EX3.dw9 DCP PAGE 1 OF 2 LEGEND 3.5-INCH BRASS TXDOT — - DISK FOUND — — — — PROPERTY LINE (C.M.) EASEMENT LINE EXISTING EASEMENT LINE 0 POINT FOR CORNER 0 2S 5O 1OO (UNLESS OTHERWISE NOTED) I (C.M.) CONTROLLING MONUMENT •O.B. POINT OF BEGINNING GRAPHIC SCALE IN FEET PUBLIC DRAINAGE I EASEMENT ENCROACHMENT 6,000 SF (0.138 ACRES) — N 89'45'00" E 75.00' 60.41' FLOODWAY EASEMENTZ n ,fin (VOL 9299, PG. 1607) LOT 1, BLOCK Ao a Ob b SNAPPER ADDITION o 0 0 0 (VOL. 388-210, PG. 45) 00 11- 00 3 TCRG OPPORTUNITY XVII, LLC O ; (INST. N0. D217122585) Z a S 89'45'00" IW W — -- — — --- _ 49.72,_11 S 89'45'00" k It 75.00' G LDRAINAGE (VOL. 9299,ASEMENT PG. 1607) P.O/Bj OV 00 Q FLOODWAY EASEMENT I (VOL. 9299, PG. 1607) UJ 7 OVO Ln n PIPELINE EASEMENT PO/NT OF (INST. NO. 0208019674) O COMMENC/NG Z 0 N\U rn } 3.5-INCH BRASS (A DISK FOUND 5(Gj-+ FREEWH kms. (C.M.) (INST. NO. D2072965C"? n NOTES. 0 in 1. A metes and bounds description of even The undersigned, Registered Professional Land survey date herewith accompanies this plat Surveyor, hereby certifies that this plat of of survey. n survey accurately sets out the metes and At.RF ,lF ' bounds of the encroachment tract described. �pi�a1SrTj 9 2. Bearing system for this survey is based on the Texas Coordinate System of 1983 (2011 MICHAEL CLEO ........... adjustment), North Central Zone 4202, based BILLINGSLEY ....................... on observations made on April 17, 2017 with a a combined scale factor of 1.00012. n Michael Cleo Billingsley Date V�+o PUBLIC DRAINAGE VSRegistered Professional s u a EASEMENT Land Surveyor No. 6558 N 6100 WESTERN PLACE, SUITE 1001 ENCROACHMENT Pacheco Koch FORT WORTH, ,x 76107 917.412.7155 PART OF TX REG. ENGINEERING FIRM F-469 LOT 1, BLOCK A, SNAPPER ADDITION 01 TX REL. SURVEYING FIRM LS-10008001 JOHN THORNHILL SURVEY, ABSTRACT NO. 1519, z DNA w1v B I cIEcKED SY SCALE DATE JOB~ER CITY OF FORT WORTH, TARRANT COUNTY, TEXAS 3 DCP ICBIPf�IG 1'=50' APRIL 2018 3485-18.063 PAGE 2 OF 2 3485-18.063EX3.txt North: 6929983.6429' East: 2331382.6902' Segment #1 . Line Course: 5890 45' 00"W Length: 75.00' North: 6929983.3156' East: 2331307.6909' Segment #2 . Line Course: N0° 15' 00"W Length: 80.00' North: 6930063.3149' East: 2331307.3418' Segment #3 . Line Course: N890 45' 00"E Length: 75.00' North: 6930063.6421' East: 2331382.3411' Segment #4 . Line Course: S0° 15' 00"E Length: 80.00' North: 6929983.6429' East: 2331382.6902' Perimeter: 310.00' Area: 6000.00 Sq. Ft. Error Closure: 0.0000 Course: N0° 00' 00"E Error North: 0.00000 East: 0.00000 Precision 1: 310000000.00 Page 1 680 680 675 675 670 PROPOSED 670 GROUND PROPOSED 9'-6" PROPOSED 9'-6" 665 HEADWALL HEADWALL 665 660 660 0 655 655 a z z o a N 650 650 EXISTING GROUND m W 645 645 a z Cn W 0 0 0+00 1+00 1+50 co SECTION A— A M M 3 0 15 30 60 s a M GRAPHIC SCALE IN FEET 5000 SOUTH FREEWAY BRIDGE CROSSING 0 6100 WESTERN PLACE, SUITE 1001 LOT 1, BLOCK A C-4 Pacheco Koch FORT WORTH, TX 76107 817.412.7155 TX REG. ENGINEERING FIRM F-14439 SNAPPER ADDITION 04 .a Tx REG. SURVEYING FIRM LS-101938-24 LOCATED IN THE CITY OF FORT WORTH, TEXAS JOHN THORNHILL SURVEY, ABSTRACT NO. 1519, NDRAWN BY CHECKED BY SCALE DATE JOB NMWBER TARRANT COUNTY, TEXAS a PAC JCM 1"=30' 02/22/2018 3485-18.063 680 680 675 675 DRAINAGE EASEME IT I 670 670 PROPOSED PROPOSED TOP GROUND 665 OF HEADWALL 665 660 660 655 EXISTING 655 Z DITCH J a II a 650 650 " PROPOSED 10'X5'-/W BOX CULVERTS 645 645 x W 5-1 n 0+00 1+00 1+50 0 cc SECTION B— B ccn v n 3 a i 0 15 30 60 a GRAPHIC SCALE IN FEET 5000 SOUTH FREEWAY BRIDGE CROSSING N 6100 WESTERN PLACE, SUITE 1001 LOT 1, BLOCK A \ Pacheco Koch FORT WORTH, TX 76107 817.412.7155 „ SNAPPER ADDITION �q .. TX REG. ENGINEERING FIRM F-14439LOCATED IN THE CITY OF FORT WORTH, TEXAS p TX REG. SURVEYING FIRM LS-101938-2 4 JOHN THORNHILL SURVEY, ABSTRACT NO. 1519, F DRAWN BY CHECKED BY SCALE DATE JOB MAIIBER TARRANT COUNTY, TEXAS a PAC JCM 1"=30' 02/22/2018 3485-18.063 685 EXHOBOT 685 680 � w 680 wJ Z U Z 7) 675 o X o m 675 0 0° 0 ..- t0OX +J X +-0 O O 670 a�fl) Q 670 N z — cn w PROPOSED PROPOSED 100-YIR HGL 665 " GROUND 665 HEADWALL HEAD ALL 660 660 655 655 3 0 i a x5'RCB-0 0-759- 0 650 650 Cn GROUND M � w m m 645 0 645 X CV CV % LO Lf) a � � 640 640 Z N 0 0 W 0 J 0 0+00 1+00 1+25 M PROFILE: ST-1 3 0 0 15 30 60 GRAPHIC SCALE IN FEET 0 5000 SOUTH FREEWAY 0 6100 WESTERN PLACE, SUITE 1001 BRIDGE CROSSING Pacheco Koch FORT WORTH, TX 76107 817.412.7155 LOT 1, BLOCK A TX REG. ENGINEERING FIRM F-14439 SNAPPER ADDITION �mLOCATED IN THE CITY OF FORT WORTH, TEXAS o TX REG. SURVEYING FIRM LS-101938-24 JOHN THORNHILL SURVEY, ABSTRACT NO. 1519, NoRAWJV BY C/ CKED BY SCALE DATE .ADB ANAWER TARRANT COUNTY, TEXAS a PAC JCM 1"=30' 02/22/2018 3485-18.063 685 685 a a � 680 F- w 680 wJ wU Z D Z 675 0 x o m 675 o m in 0 ... (ox OJ X 0 - 670 Q� Q 670 in Z U) w PROPOSED PROPOSED 100—YR HGL 665 PROPOSED 9'-6" GROUND PROPOSED 9'-6" 665 HEADWALL HEAD ALL 660 660 , 655 655 3 0 10'x5' RCB ® 0.75% :E 1777777777,777=22== lcx 650 EXIST114G 650 a GROUND to � m 645 645 X 0V N j U7 In (D (O 640 10 In 640 Z N o 0 W 0 n J J o LL_ 00 m 0+00 1+00 1+25 totoa PROFILE: ST-1A 3 0 0 15 30 60 a. GRAPHIC SCALE IN FEET to 5000 SOUTH FREEWAY BRIDGE CROSSING N 6100 WESTERN PLACE, SUITE 1001 LOT 1, BLOCK A 'C'4 , Pacheco Koch FORT WORTH, rx �610� e17.412.71ss SNAPPER ADDITION . ,, TX REG. ENGINEERING FIRM F-14439 LOCATED IN THE CITY OF FORT WORTH, TEXAS o TX REG. SURVEYING FIRM LS-1 01 9 38-2 4 JOHN THORNHILL SURVEY, ABSTRACT NO. 1519, J DNA*W BY CWCACED BY SCALE DATE JOB M/mv? TARRANT COUNTY, TEXAS a PAC JCM 1'°=30' 02/22/2018 3485-18.063 gXHIBIT"A"TO DEED PROPERTY DESCl2IPT1ON Lot I,Block A,of SNAPPER ADDITION,ate Addition to the City of Fort Worth,Tarrant County,'I'cxas,according to the plat thereof recorded in Volume 388-210, Page 45,Map Records,Tarrant County.Texas. EXHIBIT"I3"TO DEED Plk.1tM]l x"-ED EXCEPTIOiY$ 1. The lien for 2017 ad valorem taxes not yet due and payable. 2. Any titles or rights asserted by anyone, including but not limited to, persons, the public, corporations, governments or other entities, (a) to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or(b) to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or(c) to filled-in lands, or artificial islands, or(d) to statutory water rights, including riparian rights, or (e) to the area extending from the line of mean low tide to the line of vegetation, or the right of access to that area or easement along and across that area. 3. Standby fees, taxes and assessments by any taxing authority for the year 2017, and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership. 4. Rights of tenants under any tuurecorded leases or rental agreements. 5. Easement granted by McDonough Power Equipment, Inc. to Kimbell, Inc., dated 04/15/1974, filed 04/24/1971, recorded in Volume 5634, Page 678, and Volume 5839, Page 291, Real Property Records, Tarrant County, Texas, the location of which is as shown on suivey. 6. 5' width easement granted by TEMRO Corp to Texas Electric Service Company, dated 03/2.2/1979, filed 06/18/1979, recorded in Volume 6752, Page 1884, Real Property Records,'Tarrant County,Texas,the location of which is as shown on survey. 7. 10' width easement granted by McDonough Power Equipment, Inc, to Felix Street Joint Venture, dated 08/09/1985, filed 08/09/1985,recorded in Volume 8292, Page 1460,Real Property Records,Tarrant County,Texas, and affected by Volume 8945, Page 973,Real Property Records,Tarrant County,Texas, the location of which is as shown on survey. 8. Variable width Drainage; Channel Maintenance Agreement dated 08/06/1987, between Snapper Power Equipment Company and City of.Hort Worth, fled 06/15/1988, recorded in Volume 9299,Page 1607, Real Property Records,Tarrant County, Texas,the location of xvlhich is as shown on survey. 9. 40' width Right of Way Agteernent from Leggett &Platt, Inc. d/b/a Tarrant Interiors to Texas Midstream Gas Services, LLC filed 01/1712008, recorded in co#D20819674, Real Property Records,Tarrant County,Texas, the location of which is as shown on survey. 10. 16.5'width easements granted to AT&T Corp. and AT&T Communications-East,Inc.,as set out in Supplemental Final Order and Judgment dated 09/18/2007, filed 1.1/02/2007, recorded in cc#D207393330, Real Property Records,Tarrant County,Texas,the location of which is as shown on survey. 11. Mineral lease, together with all rights privileges and immunities incident thereto, to Dale Resources, L.L.C., as Lessee from Leggett& Platt,Incorporated d/b/a Tarrant Interiors, as Lessor, as evidenced by Memorandum of Oil, Gas, and Mineral Lease, Pled 11/09/2006, recorded in cc# D206353318, amended in cc# D208413076 and cc# D210039006, Real Property Records,Tarrant County,Texas,and as noted on survey. 12. Terms,provisions,and conditions of lease between Leggett and Platt,as Lessor and Clear Channel Outdoor Inc., as Lessee, as evidenced by Affidavit of Lease filed 09/29/2004, recorded in cc#D204304132, Real Property Records,Tarrant County,Texas,the location of which is as shown on survey. 13. Mineral estate and interest in coal, lignite oil, gas and other minerals together v►ith all rights, privileges and immunities thereto described in instnuneut filed 11/03/2014, recorded in cc# D214240906, Real Property Records, 'Tarrant County, Texas, and as noted on survey. 14. The following easements and/or building lines, the locations of which as shown on survey, and as shown on plat recorded in Volume 388-210, Page 45, Map Records, , Tarrant County,Texas: A. drainage easement throughout property; b. 7S'TN.SCO casement along East line of property; C. 10'sanitary sewer easement Wong North line of property. ; f t 15. Floodway easements) at Southeast portion of property as shown on plat recorded in Volume 388-210, Page 45,Map Records,Tarrant County,Texas. 16. Rights of third parties, if any, as to the following, the location of which is as shown on survey: R. Railroad spurs; b. Natural gas facilities; C. Vaults; d. Electrical transformer towers,electuc lines/overhend lines and Electric Facilities; e. Sanitary sewer manholes/cieanouts; i f Fences; 1 U. Sign in Southeast corner over easement; h. Building extending onto subject property and into l0'sanitary sewer at Northwest i corner. NOTE: All references to survey are as to survey by Area Surveying, certified to by Roger W. Kart, R.P.L.S.No.4484,designated Job No.45449,survey dated 03/0912017. ® DATE(MM/DD/YYYY) AC� �� CERTIFICATE OF LIABILITY INSURANCE 4/3/2018 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 have ADDITIONAL INSURED provisions or 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 CONTANAME: Julie McElderry Higginbotham Insurance Agency, Inc. PHONE FAX 500 W. 13th Alc No •817-349-2221 AIC No):817-882-9284 Fort Worth TX 76102 nooRess: jmcelderryAhigginbotham.net INSURERS AFFORDING COVERAGE NAIC# INSURER A:Ohio Security Insurance Company 24082 INSURED TCRGR INSURER B:The Ohio Casualty Insurance Company 24074 TCRG Opportunity XVII, LLC 5201 Camp Bowie Blvd INSURER C: Suite 200 INSURER D: Fort worth TX 76107 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1906312819 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICYNUMBER MM/DD/YYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY BLS58079134 6/6/2017 6/6/2018 EACH OCCURRENCE $1,000,000 —DAMAGE T RENTED CLAIMS-MADE FX7 OCCUR PREMISES Ea occurrence $1,000,000 MED EXP(Any one person) $15,000 PERSONAL 8 ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY F7 PRO- JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ LEa accidentZ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident r $ B X UMBRELLA LIAB X OCCUR ES058079134 6/6/2017 6/6/2018 EACH OCCURRENCE $8,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $8,000,000 DED X I RETENTION$to orn $ WORKERS COMPENSATION PER AND EMPLOYERS'LIABILITY YIN STATUTE ER H ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ NIA - - --- ---- (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) RE: 5000 South Freeway,Fort Worth TX 76140 The General Liability policy includes a blanket automatic additional insured on a primary and non contributory basis and waiver of subrogation as required by written contract. CERTIFICATE HOLDER CANCELLATION 30 Das except 10 Days for Non Pa SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The City of Fort worth ACCORDANCE WITH THE POLICY PROVISIONS. CFA Office PN18-00040 200 Texas Street AUTHORIZED REPRESENTATIVE Fort Worth TX 76102 I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD