HomeMy WebLinkAboutContract 51512 RIGHT OF WAY
G\�G�ss�Q ENCROACHMENT AGREEMENT
(COMMERCIAL)
THIS AGREEMENT is made and entered into by and between the City of Fort
Worth, a home rule municipal corporation of Tarrant County, Texas ("City"), acting
herein by and through its duly authorized City Manager, its duly authorized Assistant
City Manager or Planning and Development Department Director, and FW Main Street
Partners, LLC, a(n) Texas limited liability company "Licensee", acting herein by and
through its duly authorized Manager, the owner of the real property located at 2341 N
Main Street, Fort Worth, Texas 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 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
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 of accommodating an existing
building encroaching on city sidewalk (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 City's Public Right-of-Way beyond what is
specifically described in the Exhibit(s) attached hereto.
2.
OFFMAL RECORD
ROW Encroachment Agreement-Commercial C1TVa§EC RY
evw .TX
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 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 determined by the Director of Transportation and Public
ROW Encroachment Agreement-Commercial Page 2 of 13
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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.
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, sanitary sewerage, transmission of natural gas or
electricity, or any other public purpose, whether presently contemplated or not, that this
ROW Encroachment Agreement-Commercial Page 3 of 13
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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.
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,
ROW Encroachment Agreement-Commercial Page 4 of 13
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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. 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.
ROW Encroachment Agreement-Commercial Page 5 of 13
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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
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 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.
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.
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[SIGNATURES APPEAR ON FOLLOWING PAGE]
ROW Encroachment Agreement-Commercial Page 7 of 13
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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 oorth! FW Main S►tre artners, LLC
By: Signed: _
Randle Harwood Name: Kerby Smit
Director Title: Manager
Planning and Develo ment Department
Date: 5204—
204 Date 3 ,20]f—
ATT T. :�'�' Approved As To Form and Legality
City Sec ary' � ` Assistant City Attorney
M&C: NR Contract Compliance Manager
1295:1L_ 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.
lie S. Morales
Development Manager
ROW Encroachment Agreement-Commercialgea'
ReiiSV4' % o TX
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on 201
by Randle Harwood, Director of the Planning and Development Department of the City
of Fort Worth, on behalf the City of Fort Worth.
JENNIFER LOUISE EZERNACK otary Public,&,
to of Texas
Notary Public, State of Texas
Comm. Expires 03-01-2020
""'e OF '�.`
Notary ID 130561630
OFFICIAL RECORD
ROW Encroachment Agreement-Commercial RY
Re dVAA*1Y8TX
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 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 this 3day of October,
2018.
F* Notary
TERESAAYALA (6k
Public,State of TexasNotary ID 12571460-9 Notary Public in and for the
ommission Expires 06/02/2022
State of ��
After Recording Return to:
City of Fort Worth
Planning and Development Department
CFA Office
200 Texas Street
Fort Worth TX, 76102
OFF,40Al.. RECORD
ROW Encroachment Agreement-Commercial Page 10 of 13 1y
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"EXHIBIT A"
Location and Description of Encroachment and Improvements
ROW Encroachment Agreement-Commercial Pave 11 of 13
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EXHIBIT A
1/2-INCH IRON ROD -' -
^P FOUf`ID !^Ct i
?SEE DETAIL Zr,
(o0-FOOT MDE RIGHiT-OF-'N,A'0 S ! '. i 89'4607" E
_J ✓' _�' � 13.92'
" -- S 00'00'534 E
P' -N'F'L I
N 00'00'53
yY w/"PACHECO KOCH" 1,00 � rSEE DETAIL(D� �•��
WASHER FOUND (C M.)
Ns9 46'07" E N 89'59'07" E 105.32'
} 30.75' _ -•
1 150 CC' 150.00' S 89'48'07" 11�/��
ONE-STORY 105.32'
_ 17 RIFT-0E-WAS, BRICK BUILDING
_ I
ENCROACHMENT
2.341 N MAIN STREET f
O I (0,00254SF
____ POINT OF
O C) I 10' TEXAS ELECTRIC EJN
ri Q ` I SERVICE COMPANY OPEN SPACE EASEMENT Cl)
00II EASEMENT s
Cf) I (VOL. 388-89, PG. 16) w
:1 COw )N (VOL. 5684, PG. 456)
COo
H o l I LOT R-4, BLOCK 1 I '�
o > I M. G. ELLIS ADDITION b
o (— (VOL. 388-89, PG.16)
ALLEY CLOSED BY
J ORDINANCE NO. 6955 FW MAIN STREET PARTNERS, LLC
3 I I
20' UTILITY EASEMENT (INST. N0. D218234316)
0
N
W
N 00'00'53" W
S 00'00'53" E
2.00' N 89'59'07" E N 89'59'07' E 1.23'
e 0 10 20 40
n
210.64' N 89'46'14" E —
N 89.46'07" E
30.76'- S 8g•4S 07 >,� S 89'4S'07 ! 27.x4' GRAPHIC SCALE IN FEET
210.64' 210.64'
LEGEND
z — — PROPERTY LINE
EASEMENT LINE
O POINT FOR CORNER
(UNLESS OTHERWISE NOTED)
DETAIL IRF - 1/2-INCH IRON ROD W/
n _.__..__............_........._..._....:_::...:::._ 2 — "PACHECO KOCH" CAP FOUNE
NOT TO SCALE NOT TO SCALE
r (C.M.) - CONTROLLING MONUMENT
r NOTES:
r
i
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 A of survey,
survey accurately sets out the metes and , ss 0F, 7-T4c
bounds of the tract described. ?• G1 S7Fq'•3q 2. Bearing system for this survey is based on
.`r the Texas Coordinate System of 1983 (2011
MICHAEL LARRY LE;... .. adjustment), North Central Zone 4202, based
on observations made on August 28, 2018
5773 �. with a combined scale factor of 1.00012.
I Michael LarryLewis! ---D��
SUR��, RIGHT-OF-WAY
T Registered Profession `
Land SurveyorNa. 5773 ENCROACHMENT
0
6100 WESTERN PLACE, SUITE 1001 PART OF LOT R-4, BLOCK 1,
n Pacheco Koch FORT WORTH, TX 76107 817.412.7155
TX REG. ENGINEERING FIRM F-469 M. G. ELLIS ADDITION
TX REG. SURVEYING FIRM LS-10008001 ISAAC THOMAS SURVEY, ABSTRACT NO. 1526
} DRAwN er CHECKED BY SCALE DATE ✓OB NUMBERCITY OF FORT WORTH, TARRANT COUNTY, TEXAS
DRI RMT/MLL 1"=20' OCT. 2018 3533-18.351 PAGE 2 OF 2
0
DWG FILE: 3533-18.351EX2.DWG
EXHIBIT A
l
Ld' Cn I
! - - - 27 47i l ! I'
,I `c Z i
1 0, Q
I n0j::O7 LCCAT,01N
1 1 j J, ,
t1 I 122ND c' ull
`
I
I 97c cc
—7A �. 7
N
W (NOT TO SCALE)
Z
NOTES:
1. A i'at3a -nd bounds d,escript"crl of av'aan survey data hara-,Ath
accompanies this pIQ+ of survey.
2. Scaring sy3lan for U1is survoy is basad on tha T xas Coordimi-ta
System of 1983 (2011 adjustment), North Central Zone 4202,
based on oaservaticns made r on Augusi 28, 2018 with a
cc.-m ibinad 3ccly .color o- 1.000112. ) p
a PPacheco
� a- 6100 WESTERN PLACE, SUITE 1001 PART OF LOT R-3 r11�iD LOT R— BLOCK .I
a c i e c o MO,�11 FORT 'NCRTH, TX 75107 817.4127135 0 ,
x TX REG. ENGINEERING FIRM F-469 M. G. EWS ADDITION
TX REG. SURVEY)NG FIRM LS-10008001 ISAAC THOMAS SURVEY, ABSTRACT NO. 1525
DiYAWN 3 CHECKED 3 I' SCALE CA 7F JOB NUMBER CITY OF FORT NORTH, TARRANT COUNTY, TEXAS
DRI RMT/ML j 1'=20 OCT. 2018 i 3833-18.351 PAGE 1 OF 1
DWG FILE: 3533-18.351EXI.DWG
"EXHIBIT B"
Certificate of Insurance
ROW Encroachment Agreement-Commercial Page 12 of 13
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EXHIBIT B
AC40R" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY)
lllw� 10/24/2018
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Christina Payne
NAME:
Frank Siddons Insurance Agency Fort Worth,Inc. HIC No Ext): (817)737-4943 n/c,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 0:
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 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 AIJUL bUtJK POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDDIYYYY MM/DD/YYYY LIMITS
X COMMERCIALGENERALLIABILITY EACH OCCURRENCE $ 1,000,000
DAMAGE 100,000
CLAIMS-MADE X OCCUR PREMISES Ea occurrence $
MED EXP(Any one person) $ 5,000
A 3AA308273 10/18/2018 10/18/2019 PERSONAL&ADV INJURY $ 1,000,000
GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000
X POLICY F—] PRO- Excluded
JECT LOC PRODUCTS-COMPIOPAGG $
OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
Ea accident
ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
UMBRELLA LIAR OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED I RETENTION$ $
WORKERS COMPENSATION PER OTH-
AND EMPLOYERS'LIABILITY YIN STATUTE ER
ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N/A E.L.EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
DESCRIPTION OF OPERATIONS/LOCATIONS 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
Fort Worth TX 76102
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
"EXHIBIT C"
Metes and Bounds of the Property
ROW Encroachment Agreement-Commercial Page 13 of 13
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EXHIBIT 0
RIGHT OF WAY ENCROACHMENT
Part of Lct R-4, Block 1, M_G_ Ellis Addition
1saal. i--orrias Survey, A. str'2C[ No. 1526
City of Fort Worth, Tarrant County, Texas
DESCRIPTION,of a 84 square root(0 002 acre)tract of land situated in the Isaac Thomas Survey, .Abstract
No. 1526, Tarrant County, Texas; said 'tract 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 tract 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 County, Texas, said 84 square foot tract being more particularly described as follows (bearing
system for this survey is based on the Texas Coordinate System of 1983 (2011 adjustment), North Central
Zone 4202, based on observations made on August 28, 2018 with a combined scale factor of 1.00012):
BEGINNING, at a point in the south right-of-way line of NW 24th Street (a 60-foot wide right-of-way) and
the north line of said Lot 4-R; from said point a 1/2-inch iron rod with "PACHECO KOCH" cap found for the
northeast corner of said Lot 4-R, bears North 89 degrees, 46 minutes, 07 seconds East, a distance of 13.92
feet;
THENCE, South 89 degrees, 46 minutes, 07 seconds West, along the said south line of NW 24th Street
and the said north line of Lot 4-R, a distance of 105.32 feet; from said point a 1/2-inch iron rod with
"PACHECO KOCH" cap found for the northwest corner of said Lot 4-R, bears South 89 degrees, 46
minutes, 07 seconds West, a distance of 30,76 feet;
THENCE,North 00 degrees, 00 minutes, 53 seconds West, departing the said south line of NW 24th Street
and the said north line of Lot 4-R, a distance of 1.00 feet to a point for corner;
THENCE, North 89 degrees, 59 minutes, 07 seconds East, a distance of 105.32 feet to a point for corner;
THENCE, South 00 degrees, 00 minutes, 53 seconds East, a distance of 0.60 feet to the POINT OF
BEGINNING,-
CONTAINING:
EGINNING;CONTAINING: 84 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 right-of-way encroachment described.
�� of rt
4.
ti
Michael Larry Levi Jr, Date MICHAEL LARRY LE'IVIS,JR.
Registered Professional Land Surveyor No. 6773 ;•�•••••••• ••;r•
Pacheco Koch Consulting Engineers, inc. "• 5773 ,?'�
6100 Western Place, #1001, Fort Worth TX 76107 9 a:?As 1°.tiro
(817) 412-7155 s Ij��
TX Reg. Surveying Firm LS-10008001
3533-18.351 E X2.doc
3533-18.351 EX2.dwg ET
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