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HomeMy WebLinkAboutContract 51050 CITY SECRETARY ccL4, , o�o�� � RIGHT OF WAY CONTRACT N0. ENCROACHMENT AGREEMENT Q` (COMMERCIAL) THIS AGREEMENT is made and entered into by and between the City of Fort WG Worth,a home rule municipal corporation of Tarrant County,Texas("City"),acting herein by and through its duly authorized City Manager, its duly authorized Assistant City Manager or Planning and Development Department Director, and Tarrant County College District [full legal name], a(n) Political Subdivision of the State of Texas [type of entity] "Licensee", acting herein by and through its duly authorized Executive Director of Procurement [title],the owner of the real property located at 4801 Marine Creek Parkway, Fort Worth, Texas 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 street,alley, sidewalk, and/or other public right-of-way (individually or collectively, the "Public Right-of-Way") adjacent to 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 Public Right-of-Way; 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 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, use and/or occupy portions of the space under, on, and/or above the City's Public Right-of-Way to construct/install and/or allow to remain, certain improvements for the purpose oflap cing way finding signs to Tarrant County College Northwest Campus (whether one or more, the "Improvements") as described in and at the location shown on Exhibit "A" but only to the extent shown thereon. Upon completion of the Improvements, Licensee agrees to be responsible for maintaining the Improvements. Licensee shall not expand or otherwise cause the Improvements to further infringe in or on Ci - - ay beyond what is specifically described in the Exhibit(s) attached h-.reto. ROW Encroachment Agreement- OFFICIAL RECORD Commercial CITY SECRETARY Page 1 of 11 FT.WORTH,�(Re ised 10/2017 2. All construction, maintenance and operation in connection with such Improvements, 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 City's Director of Transportation and Public Works, 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 Improvements. Licensee shall not commence construction of the Improvements 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 completion of the construction and installation of the Improvements, there shall be no other encroachments in,under, on or above the surface area of the Public Right- of-Way, except as described herein and depicted on Exhibit"A". 4. 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, use and occupancy, including the securing of approval and consent from any affected utility companies and the appropriate agencies of the State of Texas and its political subdivisions. In the event that any installation,reinstallation,relocation or repair of any existing or future utility or improvements owned by, 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 such encroachment and use, Licensee shall remove the affected improvements or pay to City an additional amount equal to such additional cost as determined in the reasonable discretion of the Director of Transportation and Public Works,or his or her duly authorized representative. 5. 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 Improvements 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 Improvements and use,Licensee shall pay to City an additional amount equal to such additional cost as reasonably ROW Encroachment Agreement- Commercial Page 2 of 11 Revised 10/2017 determined by the Director of Transportation and Public Works or the Director of the Water Department, or said Director's duly authorized representative. 6. 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. Licensee agrees to pay an upfront, lump sum fee of$9,517.54 ($0.56 per square/linear foot of the encroachment area times thirty (30) years) upon execution of this Agreement. 7. 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 within 30 days after written notice specifying the same, or having so commenced, thereafter fails to proceed diligently and with continuity to remedy same. 8. Upon termination of this Agreement, Licensee shall at no expense to City remove the Improvements encroaching into the Public Right-of-Way, and restore the Public Right- of-Way to a condition acceptable to the Director of Transportation and Public Works, or his or her duly authorized representative, in accordance with then-existing City specifications. It is understood and agreed by Licensee that if this Agreement terminates and Licensee fails to remove the Improvements and restore the Public Right-of-Way, Owner hereby gives City permission to remove the Improvements along with any supporting structures, restore the Public Right-of-Way, and assess a lien on the Property for the costs expended by the City in taking such actions. 9. It is further understood and agreed between the parties hereto that the Public Right- of-Way 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 public right-of way 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 Right- of-Way 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 Right-of-Way to be used for any other public purpose, including but not limited to, underground, surface or overhead communication, drainage, ROW Encroachment Agreement- Commercial Page 3 of 11 Revised 10/2017 sanitary sewerage, transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not, that this Agreement shall terminate upon 60 days' written notice to Licensee. In the event this Agreement is terminated under this Section 9, Licensee shall perform the obligations regarding removing the Improvements and restoring the Public Right-of-Way described in Section 8. 10. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain and locate the Improvements over or within the described Public Right-of-Way and is not a conveyance of any right, title or interest in or to the Public Right-of-Way nor is it meant to convey any right to use or occupy any property in which a third party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. 11. 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 Improvements, encroachment and uses. 12. 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. 13. 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. 14. TO THE EXTENT PERMITTED BY APPLICABLE LAW, 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 ROW Encroachment Agreement- Commercial Page 4 of 11 Revised 10/2017 IN CONNECTION WITH, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF THE IMPROVEMENTS AND ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, 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 IMPROVEMENTS AND ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. 15. 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 described or depicted 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 promptly 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 all encroachments and the cleaning and restoration of the Public Right-of-Way. All insurance coverage required herein shall include coverage of all Licensees' contractors and subcontractors. 16. Licensee agrees to deposit with the City when this Agreement is executed a sufficient sum of money to be used to pay the fees to record this Agreement in the Real ROW Encroachment Agreement- Commercial Page 5 of 11 - Revised 10/2017 Property Records of Tarrant County, Texas. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. 17. 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. 18. Licensee covenants and agrees that it will not assign all or any of its rights, privileges or duties under this Agreement without the prior written approval of the City, and any attempted assignment without such written approval shall be void. In the event Licensee conveys the Property, Licensee may assign all of its rights and obligations under this Agreement to the new owner of the Property, and Licensee shall be deemed released from its duties and obligations hereunder upon City's approval in writing of such assignment, which approval shall not be unreasonably conditioned or withheld. Foreclosure by a secured lender of Licensee or assignment to a secured lender by Licensee in the event of default or otherwise shall not require City approval provided that said lender notifies City in writing within 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 assigrunent to any secured lender of Licensee shall be effective as to City unless and until written notice of such foreclosure or assignment is provided to City. 19. THE PARTIES AGREE THAT THE DUTIES AND OBLIGATIONS CONTAINED IN PARAGRAPH 8 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 20. 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. 21. This Agreement shall be binding upon the parties hereto, their successors and assigns. [SIGNATURES APPEAR ON FOLLOWING PAGE] ROW Encroachment Agreement- Commercial Page 6 of 11 Revised 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 o rt Wort Tarrant CgiMtycAleRe U 6itrict By: By: Randle Harwood Name: Mike Herndon Director Title: Exec. Director of Procurement Planning and Development Department Date: Date: IS ' 20 ATT E T: ®� ���� r ed As To o and Legality City Secretary Assistant City Attorney Contract Compliance Manager By signing I acknowledge that I am the person Responsible for the monitoring and Administration Of this contract, including ensuring all performance And reporting requirements. Janie S. Morales OFFICIAL RECORD Development Manager CITY SECRETARY ROW Encroachment Agreement- FT.WORTH,TX Commercial Revised 10/2017 61 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me o3au Liu, I ` 1 52013-- by 201by Randle Harwood, Director of the Planning and Develo ent Department of the City of Fort Worth, on behalf the City of Fort Woq L—)ublic, tte of xas ��yy; JENNIFER LOUISE EZERNACK ;j,=Notary Publlo,State of Texas -" Comm. Expires 03.01-2020 Notary ip 130561630 ROW Encroachment Agreement- Commercial Page 8 of 11 Revised 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 111 kC A(QAuAON , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/ he executed the same for the purposes and consideration therein expressed, as AL I act and deed of ae capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 320 26 Notary Public in and for he EE" otary DESANDRA APPLEBYState ofary Public,StateofTexas mm. Expires 03-26-2022 Notary ID 131606780 After Recording Return to: City of Fort Worth Planning and Development Department CFA Office 200 Texas Street Fort Worth TX, 76102 ROW Encroachment Agreement- Commercial Page 9 of 11 Revised 10/2017 METES AND BOUNDS OF THE PROPERTY ROW Encroachment Agreement- Commercial Page 10 of I 1 Revised 10/2017 EXHIBIT"A" Location and Description of Encroachment and Improvements ROW Encroachment Agreement- Commercial Page 11 of 11 Revised 10/2017 VICILITY MAP tesaa 1Al000 �4 X410 �o o�rrrT Arnow► LOT 1, BLOCK I Aa"5 Pst EAGLE MOUNTAIN — SAGINAW I.S.D. % HIGH SCHOOL NO. 3 ADDITIONNCRO CHMENT AREA 4 CCS D209287160 P.R.T.C.T. / ENCROACHMENT AREA 5 iiiii.y-4' l NORTHMSST CAMPUS VOLUME 388-95, PAGE 11 I P.R.T.C.T. I ENCROACHMENT AREA 3 ROBERT hNSSELMANSVRVEY II -_—_---------.----- L ABSTRACT No.1107 A AT ht---44--- ---T----- -- ---- l&GVVRPt COSURVEY, I ABSTR4 CTNa 8,71 ENCROACHMED T AREA 2 -- -- ---��--------------------- � * Q' I1 A\ i i ► �. i i \\ jpp EH ROACH ENT AREA 1 Q `\ 1n1p37�TaACA \ T.C.a.C. J% r. N 1 VOLUME R00SI I 101 — \ P.R.T.C.T. ( I� I z BRITTAIN & CRAWFORD SIGN LAND SURVEYING & ENCROACHMENT TOPOGRAPHIC MAPPING AGREEMENT � (817) 926-0211 - METRO (817) 429-5112 FAX N0. (817) 928-9347 P.O. BOX 11374 • 3908 SOUTH FREEWAY FORT WORTH, TARRANT FORT WORTH, tin- 78110 COUNTY, TEXAS EMAIL: adminObriituin-erorferd.eom SCALE 1"=1000' PAGE 1 OF 11 LEGAL DESCRIPTION ENCROACHMENT AREA 1 BEING 120 square feet of land situated in the JOSEPH BOWMAN SURVEY, Abstract No. 80, Fort Worth, Tarrant County, Texas, and being a portion of Marine Creek Parkway (a 120 foot wide public right-of-way). Said 120 square feet of land being more particularly described by metes and bounds as follows: BEGINNING at a point lying S 32* 40' 17" E 253.38 feet, from a 'IN iron rod found at the most Easterly Southeast comer of Northwest Campus, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in Volume 388-95, Page 11, of the Plat Records of Tarrant County, Texas; THENCE N 760 2353" E 12.01 feet,to a point; THENCE S 11'36' 36" E 10.01 feet, to a point; THENCE S 76"23' 53"W 12.01 feet, to a point; THENCE N 110 36' 36"W 10.01 feet, to the POINT OF BEGINNING containing 120 square feet of land. F • CHRIS L BLEVINS -6 5792• l,9�O SUS S¢ Page 2 of 11 Cr.1201MEGAMWCM CAMPUS-HRCAOAC1*-W,N'f IAloe NCROACHME T AREA 1/2 IRON ROD FOUND yo AT THE MOST EASTERLY �1 SOUTHEAST CORNER OF G� NORTHWEST CAMPUS ADDN. 0 �0 W zcbd 4 I S oW �0. and ~U q E- co VN4 I ON cE-d At P4 "'a I aE- 16; � �o ENCROACHMENT AREA 1 i 120 SQUARE FEET N � . O `a7 100INT OF N 76023'53"E B GIN INP 12.01' o Cs C4 11036,36" �. N 11"3 36"W 10.01' L)f.,-V� , A r C� 10. ... ..,r S 6"23'53"lY I ►� 12.Q1' ° :N I ..:............ ....*INS.. CHRIS L. EVINS �.� 579 P .E s S. SURA SEARING BASE: 1 T BEARINGS SHOWN HEREON ARE TTP�XXAAS8 S TE PLANE GRID BEARINGS ESTABLISHED �+ SING THE GLOBAL POSITIONING SAY TEM APRIL 19 018 SATELLITES, AND LOCAL CONTINUO LY OPERATING REFERENCE STATIONS SIGN z BRITTAIN & CRAyPFORD y LAND SURVEYING & ENCROACHMENT m TOPOGRAPHIC MAPPING AGREEMENT 5(817) 926-0211 — METRO (817) 429-5112 AREA 1 FAX No. (617) 926-9547 P.O. Box 11374 • 3908 SOUTH FREEWAY FORT WORTH. TARRANT FORT 11ORTN. TEXAS 70110 COUNTY,, TEXAS SCALEi"=50' PAGE 3 OF 11 LEGAL DESCRIPTION ENCROACHMENT AREA 2 BEING 125 square feet of land situated in the JOSEPH BOWMAN SURVEY, Abstract No. 80, Fort Worth, Tarrant County, Texas, and being a portion of Marine Creek Parkway (a 120 foot wide public right-of-way). Said 125 square feet of land being more particularly described by metes and bounds as follows: BEGINNING at a point lying N 04° 03'46" E 583.47 feet, from a I/V iron rod found at the most Easterly Southeast comer of Northwest Campus, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in Volume 388-95, Page 11, of the Plat Records of Tarrant County,Texas; THENCE N 810 40'00"W 12.50 feet, to a point lying in the West boundary line of said Northwest Campus; THENCE N 080 21'4(r E 10.00 feet,to a point; THENCE S 810 40' 00" E 12.50 feet, departing said East boundary line of said Northwest Campus and the West right-of-way line of said Marine Creek Parkway,to a point; THENCE S 08° 21'40"W 10.00 feet, to the POINT OF BEGINNING containing 125 square feet of land. E ....quo s CHRIS L SL.EVINS.». do suR�� Page 4 of 11 G:12018%EGAL8ITCC NW CAMPUS-ENCROACHMENT 2.doc iNCROACHJENT AREi 2 054 Q�' I I 1 S 1 I 1 ENCROACHMENT AREA 2 125 SQUARE FEET 1 1 1 z o S 81040'00"Ee 12.50' 1 91oad?F S 086 1140"W E;,1 d v �. .o ' -zea N 08021'40"E E- 10.00' w a .oa H I " uI da N 81 Ob WP -y POINT OF ► 1 50', P a �' BEGINNING w 0. dp" U E'' H 41 �Fo I i c: q- .s I E., I I I •�CHRIS�L�BLEVINS•. . Y....... v . .............. .. 5792 P W00 Fc s fS SAO •S U R'q Z a I I 1 OI w 1 � 1/2" IRON ROD FOUND APRIL 13. 2018 d' AT THE MOST EASTERLY SOUTHEAST CORNER OF NORTHWEST CAMPUS ADDN. `d THE BEARINGS SHO G HEREON ARE TEXAS I O I STATE PLANE GRID BEARINGS ESTABLISHED I USING THE GLOBAL POSITIONING SYSTEM Z I SATELLITES, AND LOCAL CONTINUOUSLY OPERATING REFERENCE STATIONS. SIGN BRITTAIN & CRAWFORD -� LAND SURVEYING & ENCROACHMENT TOPOGRAPHIC MAPPING AGREEMENT (817) 926-0211 - METRO (817) 429-5112 AREA 2 FAX No. (S17) 928-9.347 P.D. BOX 11374 • 39M SWM FREMA7 FORT WORTH, TARRANT FORT WORTH,min*b rExns 76110 mwfor COUNTY, TEXAS t:►lNL• oEm'viOb•lttoin—cro�rford.eom SCALE 1"=50' PAGE 5 OF 11 LEGAL DESCRIPTION ENCROACHMENT AREA 3 BEING 125 square feet of land situated in the A.F. ALBRIGHT SURVEY, Abstract No. 1849, Fort Worth, Tarrant County, Texas, and being a portion of Marine Creek Parkway (a 120 foot wide public right-of--way). Said 125 square feet of land being more particularly described by metes and bounds as follows: BEGINNING at a point lying S 090 51' 22° W 190.22 feet, from a '/s° iron rod found at the Southwest comer of Terrace Landing, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in Instrument No. D216229907, of the Plat Records of Tarrant County, Texas; THENCE S 110 57' 05"W 10.00 feet,to a point; THENCE N 780 09' 00"W 12.50 feet, to a point; THENCE N 110 57' 05" E 10.00 feet, to a point; THENCE S 780 09' 00" E 12.50 feet, to the POINT OF BEGINNING containing 125 square feet of land. P, • CHRtS L BMMNS � 0 5792 v 9ti0 SURVO Page 6 of 11 G:120181LEGAISITCC NW CAMPUS-ENCROACHMENT 3.doc E CROACH ENT ARE ' 3 TERRACE LANDING INSTRUMENT D216229907 P.R.T.C.T. 5 �9 1/2" IRON ROD FOUND AT THE SOUTHWEST CORNER ��0 1 1 1 OF TERRACE LANDING ADDITION sy � ami v W a `S � p N10 q SWC 4 m _' co Co zap o `�, �° o � ENCROACHMENT AREA 3 125 SQUARE FEET S 780'09'00' E 12.50' N 11 57 5" . ....•rF 1 .CHRIS L•BLE MNS•• N 78"09'00"1P POINT OF ••v•••••••«•"...... 12.50' BEGINNING •;Q 5792 g 29fAp c s S Ilo57'05"W fq'�oySUR��`y�� 10.00 BEARING BASE: THE BEARINGS SHOWN HEREON ARE TEXAS STATE PLANE GRID BEARINGS ESTABLISHED APRIL 19, 2018 USING THE GLOBAL POSITIONING SYSTEM SATELLITES, AND LOCAL CONTINUOUSLY OPERATING REFERENCE STATIONS. BRITTAIN & CRAIA'FORD SIGN LAND SURVEYING & ENCROACHMENT x TOPOGRAPHIC MAPPING AGREEMENT (617) 926-0211 METRO (817) 429-5112 AREA 3 Frac ND. (e17) 926-9347 P.O. BOX 11374 • 3908 SOUTH FREEWAY FORT WORTH, TARRANT PORT WORN, Tr/AS 761 t COUNTY, TEXAS EUAx: Ddmlm0brittaln—cmrroro.com SALE PAGE 7 OF 11 LEGAL DESCRIPTION ENCROACHMENT AREA 4 BEING 80 square feet of land situated in the A.F.ALBRIGHT SURVEY, Abstract No. 1849, Fort Worth, Tarrant County, Texas, and being a portion of Marine Creek Parkway (a 120 foot wide public right-of-way). Said 80 square feet of land being more particularly described by metes and bounds as follows: BEGINNING at a point lying N 10° 52' 58° W 356.63 feet, from a 5/8° iron rod found at the Southeast comer of Lot 1, Block 1, Eagle Mountain — Saginaw I.S.D. High School No. 3 Addition, to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in County Clerk's File No. D209287150, of the Plat Records of Tarrant County, Texas; THENCE N 200 39'26"W 10.00 feet,to a point; THENCE N 69" 20' 347 E 8.00 feet, to a point; THENCE S 200 39' 26" E 10.00 feet, to a point; THENCE S 690 20' 34"W 8.00 feet, to the POINT OF BEGINNING containing 80 square feet of land. _ • .ti TER + CHRIS L.S EVINS • 0 5792 r ��••yNw...• Q� �SUpV� Page 8 of 11 G:%20A 8V ErTMS%=C NW CAMPUS-ENCRQACBMENT 4.doc ENCROACHMENT iREA 4 0 ENCROACHMENT AREA 4 80 SQUARE FEETCQ z o ! CAU �G�� • ��, ! AFF P N ! Uza N 680200'34"E� S 2 39'26"E A 1 .00 \ !\ F E. rn N 20"39'26" ! B 0'34"R 10.00' \ 8. 0' !! POINT OF BEGINNING \ LOT 1. BLOCK 1 \ EAGLE MOUNTAIN — SAGINAW I.S.D. HIGH SCHOOL NO. 3 ADDITION \ CCJ D209287150 G \\ P.R.T.C.T. • • rF o1? \ 1 CHRIS L. BLEVINS 1 r ry+.rsrurwrw....rs.Z..r iq 5792 P? 1 11 o .f � lq'•rr�f S$rr� ,r n �� SUR�ti 5/8 IRON ROD FOUND AT THE SOUTHEAST CORNER OF LOT 1, BLOCK 1 EAGLE APRIL 19. 2018 MOUNTAIN — SAGINAW ISD ! HIGH SCHOOL No, 3 ADDITION w BEARING BASE: I\ THE BEARINGS SHOWN HEREON ARE TEXAS STATE PLANE GRID BEARINGS ESTABLISHED 1 USING THE GLOBAL POSITIONING SYSTEM SATELLITES, AND LOCAL CONTINUOUSLY OPERATING REFERENCE STATIONS. BRITTAIN & CRAWFORD SIGN Z LAND SURVEYING & ENCROACHMENT TOPOGRAPHIC MAPPING AGREEMENT (817) 926_0211 — METRO (817) 429-5112 AREA 4 FAX No. (817) 926-9347 P.O. BOX 11374 • 3908 SOUTH FREEWAY FORT WORTH, TARRANT FORT WORTH, texAs 7et10 EAWCOUNTY, TEXAS L• odm(nOOrtttoin—erv�lo.d.com SCALE 1"=50' PAGE 9 OF 11 LEGAL DESCRIPTION ENCROACHMENT AREA 5 BEING 116 square feet of land situated in the A.F. ALBRIGHT SURVEY, Abstract No. 1849, Fort Worth, Tarrant County, Texas, and being a portion of NW College Drive (an 80 foot wide public right-of-way). Said 116 square feet of land being more particularly described by metes and bounds as follows: BEGINNING at a point lying N 83° 16' 13" E 2051.05 feet, from a 518" iron rod found at the Southwest comer of Lot 1, Block 1, Eagle Mountain — Saginaw I.S.D. High School No. 3 Addition, to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in County Clerk's File No. D209287150, of the Plat Records of Tarrant County, Texas; THENCE N 730 04' 36' E 10.00 feet, to a point; THENCE S 160 55' 25n E 11.63 feet, to a point; THENCE S 73' 04' 35"W 10.00 feet, to a point; THENCE N 160 55' 25"W 11.63 feet, to the POINT OF BEGINNING containing 116 square feet of land. f 4•�G, E19"N f •. � Fp CHRIS L�8lEVINS...... ...........................f.„.. '• 5792 90 Page 10 of 11 GA201 ML.EGALSUCC NW CAMPUS-ENCROACHW NT 5.doc �, ENCROACHMENT AREA 5 a� LOT 1, BLOCK 1 EAGLE MOUNTAIN — SAGINAW I.S.D. HIGH SCHOOL NO. 3 ADDITION CC# D209287150 P.R.T.C.T. 5/8" IRON ROD FOUND AT THE SOUTHWEST CORNER OF LOT 1, BLOCK 1 EAGLE MOUNTAIN — SAGINAW ISD POINT OF 0�+•3tj"$ �� HIGH SCHOOL No. 3 ADDITION BEGINNING S 1�1.9,5, N 83716 91 3"E s 051.05' , 1�55� 11 11� / ENCROACHMENT AREA 5 116 SQUARE FEET 9: CIO OF ....................:.�.. ' CHRIS L BLEMNS NORTHWEST CAMPUS .................... VOLUME 388-95, PAGE 11 5792 P P.R.T.C.T. ND SuRU'C BEARING BASE: THE BEARINGS SHOWN HEREON ARE TEXAS APRIL 19, 2018 STATE PLANE GRID BEARINGS ESTABLISHED USING THE GLOBAL POSITIONING SYSTEM SATELLITES, AND LOCAL CONTINUOUSLY OPERATING REFERZNCE STATIONS. BRITTAIN & 1,�(�1 SIGNRAWFORD � LAND SURVEYING ENCROACHMENT TOPOGRAPHIC MAPPING AGREEMENT Q (817) 926-0211 — METRO (S17) 429-5112 AREA 5 FAX No. (817) 926-9347 P,O. BOJ( 11374 f 3908 SOUTH FREEWAY FORT WORTH, TAvASRRANT FORT WORTH, TEXAS 76110 COUNTY, TER EMAIL: odminObrittoin—o wf*rd.wm SCALE 1"=50' PAGE II OF 11 A� EVIDENCE OF PROPERTY INSURANCE YRVGAH59 DA 612� 2018 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE ADDITIONAL INTEREST. AGENCY PHONE 469-232-2100 COMPANY (A]Cm Nom Eft MCGRIFF,SEIBELS&WILLIAMS OF TEXAS,INC. Affiliated FM 5080 Spectrum Dr.,Suite 900E Addison,TX 75001 FAX E-MAIL AIC No: ADDRESS: CODE: SUB CODE: AGENCY ID : INSURED LOAN NUMBER POLICY NUMBER Tarrant County College District GS292 1500 Houston Street Fort Worth,TX 76102 EFFECTIVE DATE EXPIRATION DATE 11/30/2017 11/30/2018 CERM NATEDUED IF IL TERMINATED IF CHECKED THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATION/DESCRIPTIO N THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTOTHE INSURED NAMED ABOVE FORTHE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS EVIDENCE OF PROPERTY INSURANCE 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. COVERAGE INFORMATION PERILS INSURED I I BASIC BROAD SPECIAL COVERAGE/PERILS/FORMS AMOUNT OF INSURANCE DEDUCTIBLE Real Property,Personal Property,Business Interruption.Including Earth Movement,Flood and Extra Expense as per $900,000,000 $ 50,000 policy form. Earth Movement P/OCC and Aggregate $50,000,000 $100,000 Flood Aggregate $50,000,000 $100,000 Replacement Cost and Agreed Amount Applies REMARKS(including Special Conditions Evidence of Coverage CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST NAME AND ADDRESS ADDITIONAL INSURED LENDER'S LOSS PAYABLE LOSS PAYEE MORTGAGEE City of Fort Worth LOAN# Planning&Development-CFA Office PN18-00062 AUTHORIZED REPRESENTATIVE 200 Texas Street Fort Worth,TX 76102 J / ACORD 27(2016/03) ©1993-2015 ACORD CORPORATION.All rights reserved. Page 2 of 2 The ACORD name and logo are registered marks of ACORD