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HomeMy WebLinkAboutContract 51511 EASEMENT ENCROACHMENT LICENSE AGREEMENT N� W� 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 FW Main Street Partners, LLC, a Texas limited liability company ("Licensee"), acting by and through its duly authorized Manager , owner of the real property located at 2341 N Main Street, Fort Worth, TX 76164 ("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, attached as Exhibit "C", and incorporated herein for all purposes; and WHEREAS, the City has a drainage and open space easement (the "Easement") in the Property as shown on the map attached to this Agreement as Exhibit "A", 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 accommodating an existing building that extends into drainage and open space easement (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. a );''N IAL RECORD Easement Encroachment Agreement-Commercial r7l W. AiECRETARY k"eOr TX r 2. 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. Easement Encroachment Agreement-Commercial Page 2 of 12 Revised 10/22/2018 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 Easement Encroachment Agreement-Commercial Page 3 of 12 Revised 10/22/2018 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. S. 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. Easement Encroachment Agreement-Commercial Page 4 of 12 Revised 10/22/2018 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 parry 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 Easement Encroachment Agreement-Commercial Page 5 of 12 Revised 10/22/2018 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] Easement Encroachment Agreement-Commercial Page 6 of 12 Revised 10/22/2018 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 RT RTH FW Main Street Partners,LLC By: By: _ d Randle HaRod Name: herby S ith Director Title: Manager Planning and Deve pment Date: , 2018 Date: © , 20 (g ATTEST: '" tY° �'�� Approve To Form and Legality :T Cii Secre ,. �� � �°�• ty Assistant City Attorney 4-X �-) M&C: A 295: 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 Development Manager OFFICIAL RECORD Easement Encroachment Agreement-Commercial C1T {2TARY evnd W0,TX STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on �I bQV � LP , 2019 by Randle Harwood, Director of the Planning and Development Department of the City of Fort Worth, on behalf the City of Fort Worth. otary Public tate of ex JENNIFER LOUISE EZERNACK Notary Public,State of Texas Q� Comm. Expires 03-01-2020 Notary ID 130561630 �/IIIN After Recording Return to: Planning& Development Development Coordination Office 200 Texas Street Fort Worth TX, 76102 j OFFiCIA,L RECORD Easement Encroachment Agreement-CommercialphgyCTARY Revi et iWMTH,TX L._- STATE OF § COUNTY OF ate! § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Kerby Smith, Manager (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 FW Main Street Partners, LLC, a Texas limited liability company and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this3(_day of October, 2018. 20 aAY'�Boc TERESA AYALA Notary Public,State of Texas Notary Public in and for the N, Notary ID 12571460-9 My Commission Expires 06/02/2022 State of TQ of S Easement Encroachment Agreement-Commercial Page 9 of 12 Revised 10/22/2018 EXHIBIT "A" Map of Encroachment and Easement Easement Encroachment Agreement-Commercial Page 10 of 12 Revised 10/22/2018 EXNISIT A 25T, ---, _ --- Q( I I ( EXCHANGE CL U, UJ nI I ! �_ OI 247}11 z Zf--- ol� Z z' J I C-"I --- UI 2 1 JjSn -�-- V4� PROJECT LOCATION �! �I z 41 Q I i 122ND --- -.-!_ -- -- "G-1--TARR.ANT COUNTY --- I + MAPSC4 F62 G 0 :J U VICINITY MAP W (NOT TO SCALE) M NOTES: 1. A metes and bounds description of even survey date herewith accompanies this plat of survey. 1 2. 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 August 28, 2018 with a o combined scale factor of 1.00012. VICINITY MAP0 APacheco Koch 8100 WESTERN PLACE, SUITE 1001 FORT WORTH, Tx 76107 817.412.7155 PART OF LOT R-3 AND LOT R-4, BLOCK 1, TX REG. ENGINEERING FIRM F-469 M. G. ELLIS ADDITION J TX REG. SURVEYING FIRM LS-10008001 ISAAC THOMAS SURVEY, ABSTRACT NO. 1526 J $ DRAWN BY I CAFCCED BY SCALE DATE JOB NUMBER CITY OF FORT WORTH, TARRANT COUNTY, TEXAS DRI RMT/MLL 1"=20' OCT. 2018 3533-18.351 PAGE 1 OF 1 DWG FILE: 3533-18.351EX1.DWG EXHIBIT A FONT OF BEGINNING TRACT 1 NW CH IRON ROD 24TH TREE W/"PAICHECO KOCH" (SO-FOOT WIDE RIGHT-OF-WAY) CAP FOUND (C,,M N 89'48'07" E I 20.00' TRACT 1 15o.CC' / LJ EASEMENT ENCROACHMENT - 2CO.00 SF N 4513'53„ W �_ o (0.005 ACl - UJ 28.28' CN LOT R-4, BLOCK 1 OPEN SPACE EASEMENT-I I M. G. ELLIS ADDITION (VOL. 388-89, PG. 16) II V) (VOL. 388-89, PG.18) POINT OF , , F FW MAIN STREET PARTNERS, LLC COMMENCING � (INST. NO. D218234316) IN W ONE-STORY TACT 2 BRICK BUILDING III POINT OF III of to �. o 2341 N MAIN STREETBEGINNING III TRACT 2 TRACT 2 I 1 o0 Z E.��e",iIT ENCROACHMENT NT 85.23 Si` N (0.002 AC) s" / �� �JN 89'46'07" E 114.07' I S 89'59'07" W S 00'00'53' E i 23.17' i 7.38' 0 10 20 40 GRAPHIC SCALE IN FEET 1 LEGEND — — PROPERTY LINE > i EASEMENT LINE / G POINT FOR CORNER (UNLESS OTHERWISE NOTED) % �'nDO� ;-1/2-INCH IRON ROD a RF 1/2-INCH IRON"PACHECO KOCH" CAP FOUNC � / �`��/D W/ / CAP PFCUNDO(C.M) i M (C.M.) - CONTROLLING MONUMENT NOTES: i M 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. survey accurately sets out the metes and ,OF, T� o bounds of the tract described. 2. Bearing system for this survey is based on the Texas Coordinate System of 1983 (2011 MICHAEL LARRY L_.... .. adjustment), North Central Zone 4202, based on observations made on August 28, 2018 —� _ � 5773 . :� with a combined scale factor of 1.00012. a Michael arry Lewis, I � Date 9y0 fiE55,���O N Registered Professional'" SUR14 EASEMENT Land Surveyor Na. 5773 ENCROACHMENT � fid' cli � 6100 WESTERN PLACE, SUITE 1001 Pacheco Koch FORT WORTH, Tx 76107 817.412.7155 PART OF LOT R-4, BLOCK 1, Z TX REG. ENGINEERING FIRM F-469 M. G. ELLIS ADDITION TX REG. SURVEYING FIRM LS-10008001 ISAAC THOMAS SURVEY, ABSTRACT N0, 1526 ORA NN er cr+EcxEo er sc,acE oaTE JOB NUMBER CITY OF FORT WORTH, TARRANT COUNTY, TEXAS DRI RMT/MLL 1"=20' OCT. 2018 3533-18.351 PAGE 3 OF 3 s - DWG FILE: 3533-18.351EX3.DWG EXHIBIT `B" Certificate of Insurance Easement Encroachment Agreement-Commercial Page 11 of 12 Revised 10/22/2018 ,:XHIEIT 8 ACO® DATE(MM/DD/YYYY) C" CERTIFICATE OF LIABILITY INSURANCE 10/24/2018 THIS CERTIFICATE IS ISSUED ASA 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 CONTACT Christina Payne NAME: Frank Siddons Insurance Agency Fort Worth,Inc. PAHONN.,Ext): (817)737-4943 Aic,No): (817)737-4947 Member:K&S Group E-MAIL Tina@fsifw.com ADDRESS: 2900 Marquita Drive INSURER(S)AFFORDING COVERAGE NAIC# Fort Worth TX 76116-4016 INSURERA: Evanston Insurance Company 35378 INSURED INSURER B: FW Main Street Partners,LLC INSURER C: 2900 Marquita Dr INSURER D: INSURER E: Fort Worth TX 76116 INSURER F: COVERAGES CERTIFICATE NUMBER: GL 18-19 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCEAUULbUtJH POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MM/DD/YYYY MMIDD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE 100,000 CLAIMS-MADE X OCCUR PREMISES Ea occurrence S MED EXP(Any one person) $ 5,000 A 3AA308273 10/18/2018 10/18/2019 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE s 2,000,000 X POLICY JECT PRO- 7 LOC PRODUCTS-COMP/OPAGG $ Excluded OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S Ea accident ANYAUTO BODILY INJURY(Per person) S OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DED I I RETENTION S $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ NIA E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Fort Worth Planning&Development—CFA Office ACCORDANCE WITH THE POLICY PROVISIONS. PN18-00120,PN18-00121 200 Texas Street AUTHORIZED REPRESENTATIVE i Fort Worth TX 76102 r ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD EXHIBIT "C" Metes and Bounds of the Property Easement Encroachment Agreement-Commercial Page 12 of 12 Revised 10/22/2018 EXHIBIT C EASEMENT ENCROACHMENT Par, of Lot R-4, Bicck 1, iM G. Ellis Addiuon Isaac Thomas Survey, Abstract No. 1526 uity of Fort.�Xorth, Tarrant County, Texas DESCRIPTION, of a 200 square foot (0.005 acre) tract of land (TRACT 1) and a 85 square foot (0.002) tract of land (TRACT 2) situated in the Isaac Thomas Survey, Abstract No. 1526, Tarrant County, Texas; said tracts being part of Lot R-4, Block 1, M.G. Ellis Addition, an addition to the City of Fort Worth, Texas according to the plat recorded in Volume 388-89, Page 16, of the Map Records of Tarrant County; said tracts also being a part of that tract of land described in Special Warranty Deed to FW Main Street Partners, LLC recorded in Instrument No. D218234316 of the Official Records of Tarrant Countv; Texas; said 84 square foot (0.002 acre) tract being more particularly described as follows (bearing system forthis survey is based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone 4202, based on observations made on August 28, 2018 with a combined scale factor of 1.00012): TRACT 1 BEGINNING, at a 1/2-inch iron rod with "PACHECO KOCH" cap found at the intersection of the west right-of-way line of N Main Street (a 60-foot wide right-of-way) and the south right-of-way line of NW 24th Street (an 80-foot wide right-of-way); said point being the northeast corner of said Lot 4-R and the northeast corner of an Open Space Easement recorded by said plat of M.G. Ellis Addition; THENCE, South 00 degrees, 13 minutes, 53 seconds East, along the said west line of N Main Street, the east line of Lot 4-R and the east line of said Open Space Easement, a distance of 20.00 feet to the south corner of said Open Space Easement; from said point a 112-inch iron rod with "PACHECO KOCH" cap found for the southeast corner of said Lot 4-R, bears South 00 degrees, 13 minutes, 53 seconds West, a distance of 107.04 feet; THENCE, North 45 degrees, 13 minutes, 53 seconds West, departing the said west line of N Main Street, the said east line of Lot 4-R and along the southwest line of said Open Space Easement, a distance of 28.28 feet to a point for corner in the said south line of NW 24th Street and the north line of said Lot 4-R; said point being the northwest corner of said Open Space Easement; THENCE, North 89 degrees, 46 minutes, 07 seconds East, along the said south line of NW 24th Street, the said north line of Lot 4-R and the north line of said Open Space Easement, a distance of 20.00 feet to the POINT OF BEGINNING; CONTAINING: 200 square feet or 0.005 acres of land more or less. TRACT 2 COMMENCING, at a point in the said west line of N Main Street and the said east line of Lot 4- R; said point being the south corner of said 200 square foot easement encroachment herein described as TRACT 1 THENCE, South 00 degrees, 13 minutes, 53 seconds East, along the said west line of N Main Street and the said east line of Lot 4-R, a distance of 42.59 feet; THENCE, North 89 degrees, 46 minutes, 07 seconds East, departing the said west line of N Main Street and the said east line of Lot 4-R, a distance of 14.07 feet the POINT OF BEGINNING; said point being in the northwest line of a 15-foot drainage easement recorded by said plat of M.G. Ellis Addition; PAGE 1 OF 3 EXHIBIT C EASEMENT ENCROACHMENT F3,y Yui P ✓l ,ck 1 '11 _ Ei1is ,`.: iticn ;saac Thomas Survey, Abstract No. 1526 City of Fort Worth, Tarrant County, Texas THENCE, South 00 degrees, 00 minutes, 53 seconds East, departing the said northwest line of a 15-foot drainage easement, a distance of 7.36 feet to a point for corner; THENCE, South 89 degrees, 59 minutes, 07 seconds West, a distance of 23.17 feet to a point for corner in the said northwest line of a 15-foot drainage easement; THENCE, North 72 degrees, 22 minutes, 16 seconds East, along the said northwest line of a 15- foot drainage easement a distance of 24.31 feet to the POINT OF BEGINNING; CONTAINING: 85 square feet or 0.002 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 easement encroachment described. c�. Of.F. rF G`s r �y Michael Larry Lewis, J �` Date MICHAEL LARRY I EVVI&JR. Registered Professional Land Surveyor No. 5773 Pacheco Koch Consulting Engineers, Inc. 6100 Western Place, #1001, Fort Worth TX 76107 s ii R'I (817) 412-7155 TX Reg. Surveying Firm LS-10008001 3533-18 351 EX3.doc 3533-18.351EX3.dwg ET PAGE 2OF3