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HomeMy WebLinkAboutContract 51335 CITY SECRETARY CONTRACT NO._ I RECE 1V2 B OCj EASEMENT ENCROACHMENT LICENSE AGREEMENT Cl�rt{SECB�A�� 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 UPLIFT EDUCATION, a Texas non-profit corporation ("Licensee"), acting by and through its duly authorized Senior Director of Legal Affairs and Secretary, owner of the real property located at 3300 Turf Paradise Parkway, Fort Worth,TX 76140("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 water line easement, an emergency access easement, and 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 a fence and gates (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 Cit-'s Easement beyond what is specifically described in the Exhibit(s) attached heret . OFFICIAL RECORD 2. CITY SECRETARY FT.WORTH,TX 2015 Easement Encroachment Agreement-Commercial Page 1 of 1 Rev. 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 2015 Easement Encroachment Agreement-Commercial Page 3 of 11 Rev. 10/2017 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 Cityof 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 2015 Easement Encroachment Agreement-Commercial Page 5 of 11 Rev. 10/2017 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 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 O FO T W TH UPLIFT EDUCATION BY ` BY %� Randle Harwood Name: Alexander Berk Director Title: Senior Director of Legal Affairs Planning and Devel Pment and Secretary Date: 14 20 L71 ATTEST: ,a .,:,, :. .. Approved As To Form and Legality 01 C14 Secretw Assistant aty Attorney TEY, ter:..... - 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. ffj Janie S. Morales - Development Manager EOFFICIAL REC®RDCRETARYRTH,TX 2015 Easement Encroachment Agreement-Commercial Page 7 of 11 Rev. 10/2017 THIS PAGE FOR OFFICIAL CITI' OF FORT WORTH USE ONLY STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me o 2017 by Randle Harwood, Director of the Plannin andDe elopment Department of the City of Fort Worth, on behalf the City of Fort W h. Not Public tate of Tex \�`��rPrP�e�� JENNIFER LOUISE EZERNACK Notary Public,State of Texas IN-V Comm. Expires 03-01-2020 ;`�` Notary ID 130561630 After Recording Return to: Planning & Development Development Coordination Office 200 Texas Street Fort Worth TX, 76102 2015 Easement Encroachment Agreement-Commercial Page 8 of 11 Rev. 10/2017 STATE OF '1 L?-4_' 4S- § COUNTY OF i)-AttA.S § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Alexander Berk, Senior Director of Legal Affairs and Secretary, 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 Uplift Education, a Texas non-profit corporation and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this IR day of4,1Kf?0E� , 201q 10Kerry M Notary Pr State o(Te aXPkV&WLL Not ry Pub is in and for the State of 2015 Easement Encroachment Agreement-Commercial Page 9 of 11 Rev. 10/2017 LEGAL DESCRIPTION OF THE PROPERTY Lot 1, Block 1 of Uplift-Hanna Ranch Addition as recorded in CC# D218172921 2015 Easement Encroachment Agreement-Commercial Page 10 of 11 Rev. 10/2017 EXHIBIT "A" Map of Encroachment and Easement 2015 Easement Encroachment Agreement-Commercial Page 11 of 11 Rev. 10/2017 NO I E71 9101 A Ing! xv 1 ll! 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D218172921, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS (OPRTCT), SAID 0.020 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 5/8 INCH CAPPED IRON ROD FOUND STAMPED "MMA 817-469-1671" FOR AN INTERIOR CORNER OF SAID LOT 1, BLOCK 1, UPLIFT-HANNA RANCH ADDITION, SAME BEING THE WESTERNMOST NORTH WEST CORNER OF TRACT 3, A CALLED 3.539 ACRE TRACT OF LAND AS DESCRIBED IN THE SPECIAL WARRANTY DEED TO BENCHMARK ACQUISITIONS, LLC, A TEXAS LIMITED LIABILITY COMPANY, FILED FOR RECORD IN COUNTY CLERK'S INSTRUMENT NO. D217289023, OPRTCT, SAID COMMENCING POINT HAVING A NAD83 —TEXAS COORDINATE SYSTEM POSITION (GRID) OF N:6916083.7 E:2346290.0 (BEARINGS & COORDINATE VALUES SHOWN HEREON ARE IN REFERENCE TO THE NAD83 — TEXAS COORDINATE SYSTEM — NORTH CENTRAL ZONE, 4202, BASED ON GPS OBSERVATIONS UTILIZING THE LEICA GPS REFERENCE NETWORK. ALL DISTANCES S OWN HEREON WERE ADJUSTED TO SURFACE USG A COMBINED SCALE FACTOR OF 1. 0012804200, BASE POINT OF 0,0,0); THENCE NORTH 39 DEGREES 36 MINUTES 24 SECONDS EAST, OVER AND ACROSS TURF PARADISE PARKWAY, A 66 FOOT WIDE PUBLIC RIGHT-OF-WAY, A DISTANCE OF 86.37 FEET, TO A POINT FOR CORNER, BEING ON THE NORTH RIGHT-OF-WAY LINE OF SAID TURF PARADISE PARKWAY, AND BEING THE POINT OF BEGINNING, HAVING A NAD83 - TEXAS COORDINATE SYSTEM POSITION(GRID)OF N:6916150.2 E:2346345.1; THENCE WESTERLY, ALONG SAID NORTH RIGHT-OF-WAY LINE, THE FOLLOWING CALLS: SOUTH 89 DEGREES 26 MINUTES 17 SECONDS WEST,A DISTANCE OF 53.05 FEET, TO A POINT FOR CORNER, BEING AT THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET; ALONG SAID CURVE TO THE LEFT, AND IN A SOUTHWESTERLY DIRECTION, THROUGH A CENTRAL ANGLE OF 149 DEGREES 03 MINUTES 35 SECONDS, AN ARC LENGTH OF 130.08 FEET, AND HAVING A LONG CHORD WHICH BEARS SOUTH 44 DEGREES 52 MINUTES 14 SECONDS WEST, A CHORD LENGTH OF 96.38 FEET, TO A POINT FOR CORNER; THENCE DEPARTING SAID NORTH RIGHT-OF-WAY LINE, AND CONTINUING WITH THE WEST RIGHT-OF-WAY LINE OF SAID TURF PARADISE PARKWAY, SOUTH 00 DEGREES 33 MINUTES 11 SECONDS EAST,A DISTANCE OF 255.49 FEET, TO A POINT FOR CORNER; Page 1 of 4 THENCE DEPARTING SAID WEST RIGHT-OF-WAY LINE, AND OVER AND ACROSS SAID LOT 1, BLOCK 1, UPLIFT-HANNA RANCH ADDITION,THE FOLLOWING CALLS: SOUTH 89 DEGREES 27 MINUTES 46 SECONDS WEST, A DISTANCE OF 2.00 FEET, TO A POINT FOR CORNER; NORTH 00 DEGREES 33 MINUTES 11 SECONDS WEST, A DISTANCE OF 254.97 FEET, TO A POINT FOR CORNER, BEING AT THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 52.00 FEET; ALONG SAID CURVE TO THE RIGHT, AND IN A NORTHEASTERLY DIRECTION, THROUGH A CENTRAL ANGLE OF 147 DEGREES 53 MINUTES 15 SECONDS, AN ARC LENGTH OF 134.22 FEET, AND HAVING A LONG CHORD WHICH BEARS NORTH 44 DEGREES 51 MINUTES 42 SECONDS EAST, A CHORD LENGTH OF 99.94 FEET, TO A POINT FOR CORNER; NORTH 89 DEGREES 26 MINUTES 17 SECONDS EAST,A DISTANCE OF 52.52 FEET,TO A POINT FOR CORNER; SOUTH 00 DEGREES 33 MINUTES 43 SECONDS EAST, A DISTANCE OF 2.00 FEET, TO THE POINT OF BEGINNING, AND CONTAINING 0.020 ACRES (880 SQUARE FEET) OF LAND, MORE OR LESS. SEE ACCO ANYING EXHIBIT DATED SEPTEMBER 17, 2018 PREUMNAR11 JOSHUA D.WARGO DATE: 09-17-2018 REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6391 STATE OF TEXAS Page 2 of 4 EXHIBIT "A" THE FOLLOWING IS A SURVEY PLAT OF A DRAINAGE EASEMENT ENCROACHMENT SITUATED IN THE BLOCK 25 - SHELBY COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 1375, BEING A PORTION OF LOT 1, BLOCK 1, UPLIFT - HANNA RANCH ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS DRAINAGE EASEMENT CCJI D218172921 �� nn OPRTCT L3 ' L4 ORNAM NTAL GV L FENCE �►� 2, w� Q) — 1K k 691 (GRID) V f SWING GATE N:6916150.2 L15 ^�rO'y� E2346345.1 N -- - - -— J ACCESS DRIVE �1 (� 5/8" CIRS� 1�._7 ✓ C®• 33' 33' 66' RDW 2 1 I 5/8' CIRS NA083 (GRID) I N:6916083.7 E.234629 0.0 4} LOT 1, BLOCK 1 N CALLED 3.539 ACRES UPLIFT - HANNA RANCH 3 - (TRACT 3) y ADDITION 11 * �'I I BENCHMARK CC# D218172921 t I ACQUISITIONS, LLC OPRTCT 't^� N I CN D217289023 I OPRTCT OLU DRAINAGE EASEMENT I ENCROACHMENT o W I 0.020 ACRES J I (880 SQ. FT.) 0 DRAINAGE EASEMENT I�n CCy D2 1 8 1 72921 LEGEND & ABBREVL4,41 TIONS C -- - — — — - 2• CIRS 5/8" CAPPED IRON ROD ' I SET STAMPED MMA 817-469-1671" _ --- I POC POINT OF COMMENCING ---------------------------------- I POB POINT OF BEGINNING L2 zo.14z I IRF IRON ROD FOUND DRTCT DEED RECORDS, TARRANT _ s/8' c1Rs I COUNTY, TEXAS OPRTCT OFFICIAL PUBLIC RECORDS, 5/8' CIRS I TARRANT COUNTY, TEXAS I, JOSHUA D. WARGO, REGISTERED PROFESSIONAL LAND SURVEYOR, ESMT. EASEMENT w HEREBY STATE THAT THIS EXHIBIT WAS MADE FROM AN ACTUAL ON VOL. VOLUME THE GROUND SURVEY BY ME OR UNDER MY DIRECT SUPERVISION. PG. PAGE PREMIMINARY CC# COUNTY CLERK'S W This document shall not be INSTRUMENT NUMBER recorded for any purpose and shall o not be used or viewed or rolled oupon as a find survey document. m m a JOSHUA D. WARGO SEPTEMBER 17, 2018 N REGISTERED PROFESSIONAL EJ LAND SURVEYOR NO. 6391 dva a ins londscopeardtitectum pbmhV Ln STATE OF TEXAS Ln tbpe registration number. f — 2759 o NOTES: tbpls registration/license number: 10088000 h 1. BEARINGS & COORDINATE VALUES SHOWN HEREON ARE IN REFERENCE TO THE 5 1 9 e a s t b o r d e r NAD83 - TEXAS COORDINATE SYSTEM - NORTH CENTRAL ZONE, 4202, BASED ON a r l i n g t o n, texas 7 6 0 1 0 o GPS OBSERVATIONS UTILIZING THE LEICA GPS REFERENCE NETWORK. ALL 8 1 7 — 4 6 9 — 1 6 7 1 DISTANCES SHOWN HEREON WERE ADJUSTED TO SURFACE USING A COMBINED fox: 8 1 7 - 2 7 4 - 6 7 5 7 N SCALE FACTOR OF 1.00012804200, BASE POINT OF 0,0,0); www. m m a t e x a s . c o m 2. SEE ACCOMPANYING LEGAL DESCRIPTION PAGES 1-2 OF 4, DATED 9-17-18. a DATE: 09/17/18 SCALE: 11 660' DRAWN BY: ✓'NS_ CHECKED BY: -Vw JOB. NO.: 2888-00-01 PAGE 3 OF 4 EXHIBIT "A" THE FOLLOWING IS A SURVEY PLAT OF A DRAINAGE EASEMENT ENCROACHMENT SITUATED IN THE BLOCK 25 - SHELBY COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 1375, BEING A PORTION OF LOT 1, BLOCK 1, UPLIFT - HANNA RANCH ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS a 4 CURVE TABLE CURVE RADIUS ARC LENGTH DELTA ANGLE CHORD BEARING CHORD LENGTH C 4 50.00' 130.08' 1490 03' 35" S 52'14" W 96.38' C 52.00' 134.22' 1470 53' 15" N 44°51'42" E 99.94' LINE TABLE LEGEND & ABBREVIATIONS CIRS 5/8" CAPPED IRON ROD LINE BEARING DISTANCE SET STAMPED "MMA 817-469-1671" Ll S 8926'17" W 53.05' POC POINT OF COMMENCING POB POINT OF BEGINNING 3 IRF IRON RDD FOUND LU L2 S 8927'46" W 2.00' DRTCT DEED RECORDS, TARRANT COUNTY, TEXAS E L3 N 8926'17" E 52.52' OPRTCT OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS L4 S 00`33'43" E 2.00' ESM T. EASEMENT w VOL. VOLUME PG. PAGE E CC# COUNTY CLERK'S w INSTRUMENT NUMBER 0 I 0 LL] m m a I '0 00 N a7 cm engineering�veyin9 WrAscepe afditctL-Ping U-) i tbpe registration number f - 2759 0 o tbpls registration license number: 10068000 Ln 519 east border O � a r l i n g t o n texas 7 6 0 1 0 0 p 6 1 7 - 4 6 9 - 1 6 7 1 f a x 6 1 7 - 2 7 4 - 8 7 5 7 Do D w w w . m m a t e x a s . c a N a DATE: 09�»�18__ SCALE 1`=60 _ DRAWN BY: _✓MS_ CHECKED BY:_✓QK_ JOB. NO.: 2888=00_01 PAGE 4 OF 4 EXHIBIT "A" ACCESS EASEMENT ENCROACHMENT METES & BOUNDS DESCRIPTION BEING A 0.001 ACRE TRACT OF LAND LOCATED IN BLOCK 25, SHELBY COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 1375, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, BEING A PORTION OF LOT 1, BLOCK 1, UPLIFT-HANNA RANCH ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN COUNTY CLERK'S INSTRUMENT NO. D218172921, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS (OPRTCT), SAID 0.001 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 5/8 INCH CAPPED IRON ROD FOUND STAMPED "MMA 817-469-1671" FOR AN INTERIOR CORNER OF SAID LOT 1, BLOCK 1, UPLIFT-HANNA RANCH ADDITION, AND BEING ON THE NORTH RIGHT-OF-WAY LINE OF TURF PARADISE PARKWAY, A 66 FOOT PUBLIC RIGHT-OF-WAY, FROM WHICH A 5/8 INCH CAPPED IRON ROD FOUND STAMPED "MMA 817-469-1671"BEARS SOUTH 01 DEGREES 44 MINUTES 45 SECONDS WEST, A DISTANCE OF 66.05 FEET, FOR AN ANGLE POINT ON THE SOUTH RIGHT-OF-WAY LINE OF SAID TURF PARADISE PARKWAY, SAME BEING THE WESTERNMOST NORTH WEST CORNER OF A CALLED 3.539 ACRE TRACT (TRACT 3) OF LAND AS DESCRIBED IN THE SPECIAL WARRANTY DEED TO BENCHMARK ACQUISITIONS, LLC, A TEXAS LIMITED LIABILITY COMPANY, FILED FOR RECORD IN COUNTY CLERK'S INSTRUMENT NO. D217289023, OP R CT, SAID COMMENCING POINT HAVING A NAD83 —TEXAS COORDINATE SYSTEM POSITI (GRID) OF N:6916149.7 E:2346292.1 (BEARINGS & COORDINATE VALUES SHOWN HEREOTN ARE IN REFERENCE TO THE NAD83 — TEXAS COORDINATE SYSTEM — NORTH CENTRAL ZONE, 4202, BASED ON GPS OBSERVATIONS UTILIZING THE LEICA GPS REFERENCE NETWORK. ALL DISTANCES SHOWN HEREON WERE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1.00012804200,BASE POINT OF 0,0,0); THENCE NORTH 89 DEGREES 26 MINUTES 17 SECONDS EAST, ALONG THE NORTH RIGHT- OF-WAY LINE OF SAID TURF PARADISE PARKWAY, A DISTANCE OF 111.67 FEET, TO A POINT FOR CORNER; THENCE NORTH 00 DEGREES 33 MINUTES 43 SECONDS WEST, DEPARTING THE NORTH RIGHT-OF-WAY LINE, AND OVER AND ACROSS SAID LOT 1, BLOCK 1, UPLIFT — HANNA RANCH ADDITION, WITH THE WEST LINE OF AN EMERGENCY ACCESS EASEMENT DEDICATED WITH SAID LOT 1, BLOCK 1, A DISTANCE OF 47.86 FEET, TO A POINT FOR CORNER, BEING AT THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 62.00 FEET; ALONG SAID CURVE TO THE RIGHT, AND IN A NORTHEASTERLY DIRECTION, THROUGH A CENTRAL ANGLE OF 2 DEGREES 37 MINUTES 40 SECONDS, AN ARC LENGTH OF 2.84 FEET, AND HAVING A LONG CHORD WHICH BEARS NORTH 00 DEGREES 45 MINUTES 07 SECONDS EAST, A CHORD LENGTH OF 2.84 FEET, TO THE POINT OF BEGINNING, SAID BEGINNING POINT HAVING A NAD83 -TEXAS COORDINATE SYSTEM POSITION (GRID) OF N:6916201.5 E:2346403.3; Page 1 of 3 THENCE CONTINUING ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 62.00 FEET, AND IN A NORTHEASTERLY DIRECTION, THROUGH A CENTRAL ANGLE OF 01 DEGREES 51 MINUTES 02 SECONDS, AN ARC LENGTH OF 2.00 FEET, AND HAVING A LONG CHORD WHICH BEARS NORTH 02 DEGREES 59 MINUTES 28 SECONDS EAST, A CHORD LENGTH OF 2.00 FEET, TO A POINT FOR CORNER; THENCE SOUTH 89 DEGREES 53 MINUTES 26 SECONDS EAST, OVER AND ACROSS SAID EMERGENCY ACCESS EASEMENT, A DISTANCE OF 24.09 FEET, TO A POINT FOR CORNER, BEING ON THE EAST LINE OF SAID EMERGENCY ACCESS EASEMENT, AND BEING AT THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 38.00 FEET; ALONG SAID CURVE TO THE LEFT, AND IN A SOUTHWESTERLY DIRECTION, THROUGH A CENTRAL ANGLE OF 03 DEGREES 01 MINUTES 34 SECONDS, AN ARC LENGTH OF 2.01 FEET, AND HAVING A LONG CHORD WHICH BEARS SOUTH 04 DEGREES 48 MINUTES 56 SECONDS WEST,A CHORD LENGTH OF 2.01 FEET, TO A POINT FOR CORNER; THENCE NORTH 89 DEGREES 53 MINUTES 26 SECONDS WEST, OVER AND ACROSS SAID EMERGENCY ACCESS EASEMENT, A DISTANCE OF 24.02 FEET, TO THE POINT OF BEGINNING,AND CONTAINING 0.001 ACRES (48 SQUARE FEET)OF LAND, MORE OR LESS. SEE ACCOMPANYING EXHIBIT DATED SEPTEMBER 17,2018 pimui 4.4 JOSHUA D. WARGO DATE: 09-17-2018 REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6391 STATE OF TEXAS Page 2 of 3 EXHIBIT "A" THE FOLLOWING IS A SURVEY PLAT OF AN ACCESS EASEMENT ENCROACHMENT SITUATED IN THE BLOCK 25 — SHELBY COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 1375, BEING A PORTION OF LOT 1, BLOCK 1, UPLIFT — HANNA RANCH ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS ACCESS EASEMENT ENCROACHMENT 24' EMERGENCY ACCESS ESMT. 0.001 ACRES CC#D21 B 172921 OPRTCT LOT 1, BLOCK 1 (48 SQ. FT.) i l UPLIFT - HANNA RANCH ; ,° g ADDITION I GA TE CC# D218172921 C 1 L1 I OPRTCT C1 L2 C3 st� 2' 1 qx OL NAD83 (GRID) 3 R I M NTA �� ,fy l «.J N:6916201.5 IRON FENCE f+� � � 3w E:2346403.3 � 13 C 00 1) cr N � I o A�'� Z I � N 89 26'1 7" E 11.67' N 8976'17"E 168.20' �i 5/8" CIRS 3 � TURF PARADISE PARKWAY _ in 5/�8" CIRS INE TABLE v NAD83 (GRID) (66'RIGHT—OF—WAY) L a b N.6916149.7 E.2346292.1 LINE BEARING DISTANCE 5/8" CIRS CALEED 3.539 ACRES L1 S 89 53 26" E 24.09' (TRACT 3) BENCHMARK ACOUISI TIONS, LLC L2 N 895326" W 24.02' CC# D217289023 OPRTCT LEGEND & ABEREVIATION.� CURVE TABLE CIRS 5/8" CAPPED IRON ROD SET STAMPED CURVE RADIUS ARC LENGTH DELTA ANGLE CHORD BEARING CHORD LENGTH 'MMA 817-469-1671" POC POINT OF COMMENCING C1 62.00' 2.84' 2' 37' 40" N 0045'07" E 2.84' POB POINT OF BEGINNING IRF IRON ROD FOUND E C2 62.00' 2.00' 1' 51' 02" N 02 5928" E 2.00' DRTCT DEED RECORDS, TARRANT U C3 1 38.00' 2.01' 1 3' 01' 34" 1 S 04 4856" W 2.01' COUNTY, TEXAS w - -- -- PRTCT OFFICIAL PUBLIC RECORDS, I, JOSHUA D. WARGO, REGISTERED PROFESSIONAL LAND SURVEYOR, TARRANT COUNTY, TEXAS E HEREBY STATE THAT THIS EXHIBIT WAS MADE FROM AN ACTUAL ON ESM T. EASEMENT y THE GROUND SURVEY BY ME OR UNDER MY DIRECT SUPERVISION. VOL. VOLUME Uj PRELIMINARY PG. PAGE This document shall not be CC# COUNTY CLERK'S Q recorded for any purpose and shall INSTRUMENT NUMBER o not be used or viewed or relied o upon as a final survey document. ro JOSHUA D. WARGO SEPTEMBER 17, 2018 m m a Go Go REGISTERED PROFESSIONAL N LAND SURVEYOR NO. 6391 U) STATE OF TEXAS a"°°"s'"°°�'a�"rglr'a"idsoWe"chhedie tbpe registration number:f — 2759 p NOTES. tbpls reg license number: 10088000 'r' 1. BEARINGS & COORDINATE VALUES SHOWN HEREON ARE IN REFERENCE TO THE 5 1 9 e a s t b o r d e r NAD83 — TEXAS COORDINATE SYSTEM — NORTH CENTRAL ZONE, 4202, BASED ON a r l i n g t o n , texas i 6 0 1 0 o GPS OBSERVATIONS UTILIZING THE LEICA GPS REFERENCE NETWORK. ALL 8 1 7— 4 6 9 — 1 6 7 1 DISTANCES SHOWN HEREON WERE ADJUSTED TO SURFACE USING A COMBINED f a x : 8 1 7 — 2 7 4— 8 7 5 7 Go m SCALE FACTOR OF 1.00012804200, BASE POINT OF 0,0,0); 2. SEE ACCOMPANYING LEGAL DESCRIPTION PAGES 1-2 OF 3, DATED 9-17-18. r r. m m a t e x o s. c o m a DATE: 09/17/18 _ SCALE: �" 30�_ DRAWN BY: ✓MS_ CHECKED BY: -vw JOB. NO.: 2888_00=01 PAGE 3 OF 3 EXHIBIT "A" ACCESS EASEMENT ENCROACHMENT METES & BOUNDS DESCRIPTION BEING A 0.001 ACRE TRACT OF LAND LOCATED IN BLOCK 25, SHELBY COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 1375, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, BEING A PORTION OF LOT 1, BLOCK 1, UPLIFT-HANNA RANCH ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN COUNTY CLERK'S INSTRUMENT NO. D218172921, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS (OPRTCT), SAID 0.001 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 5/8 INCH CAPPED IRON ROD FOUND STAMPED "MMA 817-469-1671" FOR THE NORTHEAST CORNER OF SAID LOT 1, BLOCK 1, UPLIFT - HANNA RANCH ADDITION, SAME BEING THE NORTHWEST CORNER OF A RIGHT-OF-WAY DEDICATION FOR FOREST HILL DRIVE, A VARIABLE WIDTH PUBLIC RIGHT-OF-WAY, AND BEING ON THE SOUTH LINE OF TRACT 2, A CALLED 4.543 ACRE TRACT OF LAND AS DESCRIBED IN THE SPECIAL WARRANTY DEED TO BENCHMARK ACQUISITIONS, LLC, A TEXAS LIMITED LIABILITY COMPANY, FILED FOR RECORD IN COUNTY CLERK'S INSTRUMENT NO. D217289023, OPRTCT, SAID COMMENCING POINT HAVING A NAD83 —TEXAS COORDINATE SYSTEM POSITION (GRID) OF N:6916818.7 E:2347035.4 (BEARINGS & COORDINATE VALUES SHOWN HEREON ARE IN REFERENCE TO THE NAD83 — TEXAS COORDINATE SYSTEM NORTH CENTRAL ZONE, 42 2, BASED ON GPS OBSERVATIONS UTILIZING THEEICA GPS REFERENCE NETWORK. ALI, DISTANCES SHOWN HEREON WERE ADJUSTED T SURFACE USING A COMBINED SCALE FACTOR OF 1.00012804200, BASE POINT OF 0,0,0); THENCE SOUTH 00 DEGREES 23 MINUTES 17 SECONDS EAST, ALONG THE WEST RIGHT- OF-WAY LINE OF SAID FOREST HILL DRIVE, SAME BEING THE EAST LINE OF SAID LOT 1, BLOCK 1, UPLIFT--HANNA RANCH ADDITION, A DISTANCE OF 149.88 FEET, TO A 5/8 INCH CAPPED IRON ROD FOUND STAMPED "MMA 817-469-1671"; THENCE SOUTH 02 DEGREES 12 MINUTES 34 SECONDS EAST, CONTINUING WITH THE WEST RIGHT-OF-WAY LINE,A DISTANCE OF 6.22 FEET, TO A POINT FOR CORNER; THENCE SOUTH 89 DEGREES 31 MINUTES 29 SECONDS WEST, DEPARTING SAID WEST RIGHT-OF-WAY LINE AND OVER AND ACROSS SAID LOT 1, BLOCK 1, UPLIFT --HANNA RANCH ADDITION, A DISTANCE OF 19.53 FEET, TO THE POINT OF BEGINNING, SAID POINT HAVING A NAD83 - TEXAS COORDINATE SYSTEM POSITION (GRID) OF N:6916662.5 E:2347017.1; THENCE THE FOLLOWING CALLS: SOUTH 00 DEGREES 28 MINUTES 31 SECONDS EAST,A DISTANCE OF 24.00 FEET, TO A POINT FOR CORNER; SOUTH 89 DEGREES 31 MINUTES 29 SECONDS WEST, A DISTANCE OF 2.00 FEET, TO A POINT FOR CORNER; NORTH 00 DEGREES 28 MINUTES 31 SECONDS WEST, A DISTANCE OF 24.00 FEET, TO A POINT FOR CORNER; Page 1 of 3 NORTH 89 DEGREES 31 MINUTES 29 SECONDS EAST, A DISTANCE OF 2.00 FEET, TO THE POINT OF BEGINNING, AND CONTAINING 0.001 ACRES (48 SQUARE FEET) OF LAND,MORE OR LESS. SEE ACCOMPANYING EXHIBIT DATED SEPTEMBER 14, 2018 PEVAR JOSHUA D. WARGO DATE: 09-14-2018 REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6391 STATE OF TEXAS Page 2 of 3 EXHIBIT "A" THE FOLLOWING IS A SURVEY PLAT OF AN ACCESS EASEMENT ENCROACHMENT SITUATED IN THE BLOCK 25 - SHELBY COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 1375, BEING A PORTION OF LOT 1, BLOCK 1, UPLIFT - HANNA RANCH ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS CALLED 4.543 ACRES (TRACT 2) I A!k0"k,0� BENCHMARK I 5/8- CIRS ACQUISI TIONS, LLC i j NAD83 (GRID) CC# D217289023N:6916818.7 I I OPRTCTI I E:2347035.4 I I 1 i w 1 \' L i LINE TA BL E �5LU SCI OOI C Q LINE BEARING DISTANCE T �C jy Vf s ' 75 t� i i Ll S 02'12'34" E 6.22' la � " y S 10• SWB TELEPHONEI �► 1I 3 DACE 1� ESM T. I L2 S 8931'29" W 19.53' CC#D205140140 I LLl � 13 S i OPRTCT i I^_ L3 S 002831" E 24.00' A I LOT 1, BLOCK 1 1 2 UPLIFT - HANNA RANCH ADDITION L_- to w L 4 S 89'31'29" w 2.00' I t CC# D21817P921 I O L5 N 00 2831" W 24.00' OPRTCTO O I Q L6 N 8931'29" E 2.00' RN AM N A IRON FENCE '! \ ACCESS GATE NAD83 (GRID) ACCESS EASEMENT N:6915662.5 ENCROACHMENT E:2347D1 7.1\ L6 L2 5/8" CIRS 0.001 ACRES (48 SO. FT.) I � - ' LEGEND & ABBREVIATIONS 1 2• CIRS 5/8" CAPPED IRON ROD ISET STAMPED -- --- I "MMA 817-469-1671" L4 I POC POINT OF COMMENCING _ I POB POINT OF BEGINNING E 24' EMERGENCY IRF IRON ROD FOUND ACCESS ESMT. CC#D218172921 I DRTCT DEED RECORDS, TARRANT g OPRTCT I COUNTY, TEXAS L5 I, JOSHUA D. WARGO, REGISTERED PROFESSIONAL LAND SURVEYOR, OPRTCT OFFICIAL PUBLIC RECORDS, HEREBY STATE THAT THIS EXHIBIT WAS MADE FROM AN ACTUAL ON TARRANT COUNTY, TEXAS E THE GROUND SURVEY BY ME OR UNDER MY DIRECT SUPERVISION. ESMT. EASEMENT In PRELIMINARY VOL. VOLUME L2 v This document shall not be PG. PAGE CC# COUNTY CLERK'S g recorded for any purpose and shall INSTRUMENT NUMBER not be used or viewed or relied o upon as a final survey document. o JOSHUA D. WARGO SEPTEMBER 14, 2018 m m a REGISTERED PROFESSIONAL N LAND SURVEYOR NO. 6391 E) U1 STATE OF TEXAS aro ma Ire loAdscapesadvitectum fie tbpe registration number: f — 2759 Q NOTES: tbpls registration/license number: 10088000 1. BEARINGS & COORDINATE VALUES SHOWN HEREON ARE IN REFERENCE TO THE 5 1 9 e a s t b o r d e r NAD83 - TEXAS COORDINATE SYSTEM - NORTH CENTRAL ZONE, 4202, BASED ON a r I i n g t o n, texas 7 6 0 1 0 o GPS OBSERVATIONS UTILIZING THE LEICA GPS REFERENCE NETWORK. ALL g 1 7—4 6 9 — 1 6 7 1 DISTANCES SHOWN HEREON WERE ADJUSTED TO SURFACE USING A COMBINED f a x: 6 1 7 — 2 7 4— 8 7 5 7 00 N SCALE FACTOR OF 1.00012804200, BASE POINT OF 0,0,0); "" ". m ma t e X a s c a m 2. SEE ACCOMPANYING LEGAL DESCRIPTION PAGES 1-2 OF 3, DATED 9-14-18. a DATE: 09/14/18 _ SCALE: 1'= 30' DRAWN BY: ✓NS_ CHECKED BY:—Ow JOB. NO.: 2888-00=01 PAGE 3 OF 3 EXHIBIT "A" WATER LINE EASEMENT ENCROACHMENT METES & BOUNDS DESCRIPTION BEING A 0.011 ACRE TRACT OF LAND LOCATED IN BLOCK 25, SHELBY COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 1375, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, BEING A PORTION OF LOT 1, BLOCK 1, UPLIFT-HANNA RANCH ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN COUNTY CLERK'S INSTRUMENT NO. D218172921, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS (OPRTCT), SAID 0.011 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 5/8 INCH CAPPED IRON ROD FOUND STAMPED "MMA 817-469-1671" FOR THE NORTHEAST CORNER OF SAID LOT 1, BLOCK 1, UPLIFT - HANNA RANCH ADDITION, SAME BEING THE NORTHWEST CORNER OF A RIGHT-OF-WAY DEDICATION FOR FOREST HILL DRIVE, A VARIABLE WIDTH PUBLIC RIGHT-OF-WAY, AND BEING ON THE SOUTH LINE OF TRACT 2, A CALLED 4.543 ACRE TRACT OF LAND AS DESCRIBED IN THE SPECIAL WARRANTY DEED TO BENCHMARK ACQUISITIONS, LLC, A TEXAS LIMITED LIABILITY COMPANY, FILED FOR RECORD IN COUNTY CLERK'S INSTRUMENT NO. D217289023, OPRTCT, SAID COMMENCING POINT HAVING A NAD83 --TEXAS COORDINATE SYSTEM POSITION (GRID) OF N:6916818.7 E:2347035.4 (BEARINGS & COORDINATE VALUES SHOWN HEREON ARE IN REFERENCE TO THE NAD83 — TEXAS COORDINATE SYSTEM — NORTH CENTRAL ZONE, 4202, BASED ON GPS OBSERVATIONS UTI IZING THE LEICA GPS REFERENCE NE WORK. ALL DISTANCES SHOWN HEREON WERE JUSTED TO SURFACE USING A COMB ED SCALE FACTOR OF 1.00012804200, BASE POINT F 0,0,0); THENCE SOUTH 89 DEGREES 17 MINUTES 18 SECONDS WEST, ALONG THE NORTH LINE OF SAID LOT 1, BLOCK 1, UPLIFT — HANNA RANCH ADDITION, SAME BEING THE SOUTH LINE OF SAID CALLED 4.543 ACRE TRACT OF LAND, A DISTANCE OF 376.33 FEET, TO THE POINT OF BEGINNING, SAID POINT HAVING A NAD83 - TEXAS COORDINATE SYSTEM POSITION(GRID)OF N:6916814.0 E:2346659.2; THENCE DEPARTING THE NORTH LINE OF SAID LOT 1,BLOCK 1,UPLIFT—HANNA RANCH ADDITION,THE FOLLOWING CALLS: SOUTH 00 DEGREES 42 MINUTES 42 SECONDS EAST,A DISTANCE OF 15.00 FEET, TO A POINT FOR CORNER; SOUTH 89 DEGREES 17 MINUTES 18 SECONDS WEST,A DISTANCE OF 33.00 FEET,TO A POINT FOR CORNER; NORTH 00 DEGREES 42 MINUTES 42 SECONDS WEST, A DISTANCE OF 15.00 FEET, TO A POINT FOR CORNER, BEING ON THE NORTH LINE OF SAID LOT 1, BLOCK 1, UPLIFT--HANNA RANCH ADDITION; THENCE NORTH 89 DEGREES 17 MINUTES 18 SECONDS EAST, A DISTANCE OF 33.00 FEET, TO THE POINT OF BEGINNING, AND CONTAINING 0.011 ACRES (495 SQUARE FEET) OF LAND, MORE OR LESS. Page 1 of 3 SEE ACCOMPANYING EXHIBIT DATED SEPTEMBER 14,2018 PREMMtY JOSHUA D. WARGO DATE: 09-14-2018 REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6391 STATE OF TEXAS Page 2 of 3 EXHIBIT "A" THE FOLLOWING IS A SURVEY PLAT OF A WATER LINE EASEMENT ENCROACHMENT SITUATED IN THE BLOCK 25 - SHELBY COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 1375, BEING A PORTION OF LOT 1, BLOCK 1, UPLIFT — HANNA RANCH ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS ,jT4'fy CALLED 4.543ACT2ACRES BENCHMARK ACQUISITIONS LLC CC# D217289023 V y' �L LO T-Y�> OPRTCT p 13L TAC WATER LINE EASEMENT I I AB ENCROACHMENT ' SWR TELEPHONE 0.011 ACRES I ESMT. (495 S4. FT.) i j ccs OPRTCT D205140140 I I I I OiORNr AMENTALIRON FENCE D83 (GRID)15' WATER LINE 916814.0 j 518" CIRS EASEMENT E.2346659.2 I I NAD83 (GRID) CC#OPR8CT2921 2• L4 r I -- " I\ I I — —N: 347018.7 S $977�$ W / E:2347035.4 -- -- — — — -- — -- 376.33' � I — — __n _ w __ __ _.1 w r 'yf J `C A J 10' x 10' WATER ——____—. Qc I I W -------FA��rrTv�asEla�or---- L2 --,_ cp2usD.�--- ------- I --- --------------------- 3' WATER METER OPRTCT 24' EMERGENCY I [� LOT 1, BL CK I & VAULT ACCESS EMT. 11 UPLIFT — HAN A RANCH cc#OPRTC 921 _ _ADDIT!IV---------------------------------- C --r ------- C-------- CC# D2181 2921 OPRTCT I O = LINE TABLE LINE BEARING DISTANCE LEGEND & ABEREVL4TIONS L1 S 00 42'42" E 15.00' CIRS 5/8" CAPPED IRON ROD SET STAMPED L2 S 8917'18" W 33.00' 'MMA 817-469-1671" 3 L3 N 00'42'42" W 15.00' POC POINT OF COMMENCING a POB POINT OF BEGINNING L4 N 89'17'18" E 33.00' IRF IRON ROD FOUNDDRTCT DEED RECORDS, TARRANT COUNTY, TEXAS t 1, JOSHUA D. WARGO, REGISTERED PROFESSIONAL LAND SURVEYOR, OPRTCT OFFICIAL PUBLIC RECORDS, HEREBY STATE THAT THIS EXHIBIT WAS MADE FROM AN ACTUAL ON TARRANT COUNTY, TEXAS THE GROUND SURVEY BY ME OR UNDER MY DIRECT SUPERVISION. ESM T. EASEMENT PRELIMINARY VOL. VOLUME This document shall not be PG. PAGE COUNTY y CLERK'S recorded for any purpose and shall CC# INSTRUMENT NUMBER W not be used or viewed or relied o upon as a final survey document. o JOSHUA D. WARGO SEPTEMBER 14, 2018 m m a REGISTERED PROFESSIONAL N LAND SURVEYOR NO. 6391 STATE OF TEXAS In Ane v >g i tbpe registration number:f — 2759 o NOTES: tbpls registration/license number: 10088000 1. BEARINGS & COORDINATE VALUES SHOWN HEREON ARE IN REFERENCE TO THE 5 1 9 east border NAD83 - TEXAS COORDINATE SYSTEM - NORTH CENTRAL ZONE, 4202, BASED ON a r 1 i n g t o n , texas 7 6 0 1 0 g GPS OBSERVATIONS UTILIZING THE LEICA GPS REFERENCE NETWORK. ALL 6 1 7—4 6 9 — 1 6 7 1 DISTANCES SHOWN HEREON WERE ADJUSTED TO SURFACE USING A COMBINED fax: 817 -274-8757 N SCALE FACTOR OF 1.00012804200, BASE POINT OF 0,0,0); www. m m a t e x a s.c o m 2. SEE ACCOMPANYING LEGAL DESCRIPTION PAGES 1-2 OF 3, DATED 9-14-18. DATE: 09/14/18 SCALE: 1'- 40' DRAWN BY: ✓MS_ CHECKED BY: JDW JOB. NO.:2888-00-01 PAGE 3 OF 3 C" CERTIFICATE OF LIABILITY INSURANCE FDAT9�19/2Do/18 n ACORD 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 McGriff insurance Services CONTACT Andrea M. Reyes 12801 North Central Expressway, Suite 125 PHONE FAX Dallas, TX 75243 E-MAIL Ext): 318-677-2596 ac No ADDRESS: Andrea.Reyes@mcgriffinsurance.com INSURERS AFFORDING COVERAGE NAIC# INSURER A: United Educators Ins a Recip Risk Ret Gr 10020 INSURED INSURER B: American Guarantee and Liability Ins Co 26247 Uplift Education 1825 Market Center Blvd. INsuRERc: Texas Mutual Insurance Company 22945 Dallas TX 75207 INSURER 0: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 44295745 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 POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A COMMERCIAL GENERAL LIABILITY CGL201600491700 10/9/2017 10/9/2018 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE ,/ OCCUR PREMISES Ea occurrence $1,000,000 1000000 MED EXP(Any one person) $5,000 ' PERSONAL&ADV INJURY $Included GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $3,000,000 POLICY PRO ❑ LOC PRODUCTS-COMP/OP AGG $ JECT OTHER:F71 $ B AUTOMOBILE LIABILITY PRA 0186181-01 10/9/2017 10/9/2018 CEOMBIINaccidEeDtSINGLE LIMIT $1,000,000 ✓ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOSHIRED NON-OWNED $ ✓ AUTOS ONLY ✓ AUTOS ONLY P.r. T dnDAMAGE A UMBRELLA LIAB V OCCUR GLX201600491700 10/9/2017 10/9/2018 EACH OCCURRENCE $30,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $30,000,000 DED I I RETENTION$ $ C WORKERS COMPENSATION TSF0001227416 8/1/2018 8/1/2019 ✓ STER ATUTE OEflH AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Hired Physical Damage PRA 0186181-01 10/9/2017 10/9/2018 Comprehensive Deductible $100 Collision Deductible $1,000 A Educators Legal Liability ELS201600491700 10/9/2017 10/9/2018 Each Claim $1,000,000 DESCRIPTION OF OPERATIONS'LOCATIONS'VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Project Location:3300 Turf Paradise Parkway-Legal Description:Lot 1,Block 1,Uplift Education CERTIFICATE HOLDER CANCELLATION Cit of Fort Worth SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Plannin & DevelO ment—CFA Office THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN p ACCORDANCE WITH THE POLICY PROVISIONS. PN18-0 103 and PN 18-00104 200 Texas Street AUTHORIZED REPRESENTATIVE Fort Worth TX 76102 Joffrey Clark ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 44295745 1 UPLIF2 1 17/18 AOP -18-19 WC Master I Andrea M. Reyes 1 9/19/2018 9:52:16 AM (CDT) I Page 1 of 2 AGENCY CUSTOMER ID: UPLIF2 LOC#: ACC)R" ADDITIONAL REMARKS SCHEDULE Page iof AGENCY NAMED INSURED McGriff Insurance Services Uplift Education 1825 Market Center Blvd. POLICY NUMBER Dallas TX 75207 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE:Certificate of Liability(03/16) HOLDER:City of Fort Worth Planning&Development-CFA Office PN18-00103 and PN18-00104 ADDRESS:200 Texas Street Fort Worth TX 76102 Named Insured Includes: Uplift Education dba Uplift Gradus Preparatory Uplift Education dba Uplift Grand Preparatory Uplift Education dba Uplift Hampton Preparatory Uplift Education dba Uplift Heights Preparatory Uplift Education dba Uplift Heights Primary Preparatory Uplift Education dba Uplift Infinity Preparatory Uplift Education dba Uplift Lee Preparatory Uplift Education dba Uplift Luna Primary Preparatory Uplift Education dba Uplift Luna Secondary Preparatory Uplift Education dba Uplift Meridian Preparatory Uplift Education dba Uplift Mighty Preparatory Uplift Education dba Uplift Mighty Secondary Preparatory Uplift Education dba Uplift North Hills Preparatory Uplift Education d a Uplift Peak Preparatory Uplift Education d a Uplift Pinnacle Preparatory Uplift Education d a Uplift Summit International Preparatory Uplift Education d a Uplift Triumph Preparatory Uplift Education dba Uplift White Rock Hills Preparatory Uplift Education dba Uplift Williams Preparatory Uplift Education dba Uplift Wisdom Preparatory ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ATTACHMENT 44295745 1 UPLIF2 1 17/18 AOP -18-19 WC Master I Andrea M. Reyes 19/19/2D18 9:52:16 AM (CDT) I Page 2 of 2