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HomeMy WebLinkAboutContract 52124 CITY SECRETARY CONTRACT NO.._� EASEMENT ENCROACHMENT LICENSE 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 by and through its duly authorized City Manager, Assistant City Manager, or Planning and Development Director, and Eastchase Hospitality, LLC, a Texas limited liability company ("Licensee"), owner of the real property located at Little Cina Lane, Fort Worth, Texas 76120 ("Property"), acting by and through its duly authorized Manager. 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 easement, recorded by Instrument No. D206194062 in the Official Public Records of Tarrant County, Texas (the "Easement"), in the Property as shown on the map attached to this Agreement as "Exhibit A," which is incorporated herein for all purposes; and WHEREAS, Licensee desires to construct, place, and/or maintain certain improvements which will encroach in, on, above, or below the City's Easement; and WHEREAS, to accommodate the needs of the Licensee, the City will allow the encroachment under the terms and conditions as set forth in this Agreement. NOW, THEREFORE, the City and Licensee agree as follows: AGREEMENT 1. The 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 in, on, above, or below and occupy a portion of the City's Easement as described in and at the location shown on Exhibit A, but only to the extent shown thereon, for the purpose of construction of inlet, 18" pipe, and a stub of 21" storm pipe within the Easement (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within 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. Easement Encroachment Agreement-Commercial OFFICIAL RECORD R f ise i ETARY G\� E4, WL-Cc 2. All construction, maintenance, or operation in connection with such Encroachment, use, and occupancy shall comply and be performed in strict compliance with this Agreement and with the Charter, Ordinances, and Codes of the City, and in accordance with the directions of the Director of the Transportation and Public Works Department or the Director of the Water Department, or their duly authorized representative. Prior to the construction of the Encroachment, Licensee shall submit all plans and specifications to the applicable Director or duly authorized representative. Licensee shall not commence construction of the Encroachment until such approval shall be indicated in writing by the applicable Director or authorized representative. However, such approval shall not relieve Licensee of responsibility and liability for concept, design, and computation in the preparation of such plans and specifications. 3. Licensee, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or fixture utilities affected by such Encroachment, use, and occupancy, including securing the approval and consent of the appropriate utility companies and agencies of the State and its political subdivisions. In the event that any installation, reinstallation, relocation, or repair of any existing or future utility or improvements owned by or 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 the 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 their duly authorized representative. 4. Licensee agrees that the 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. The City shall bear no responsibility or liability for any damage or disruption or other adverse consequences resulting from the Encroachment installed by Licensee, but the City will make reasonable efforts to minimize such damage. 5. Upon termination of this Agreement, Licensee shall, at the option of and at no expense to the City, remove the Encroachment and restore the Easement to a condition acceptable to the Director of Transportation and Public Works or the Director of the Water Department, or their duly authorized representative, in accordance with then- Easement Encroactunent Agreement-Commercial Page 2 of 13 Revised 11!2018 existing City specifications. It is understood and agreed to by Licensee that if this Agreement terminates and Licensee fails to remove the Encroachment as directed and restore the Easement, Licensee hereby gives the City permission to remove the Encroachment and any supporting structures and assess a lien on the Property for the costs expended by the City in taking such actions. 6. In order to defray all costs of inspection and supervision which the City has incurred or will incur as a result of the construction, maintenance, inspection, or management of the encroachments and uses provided for by this Agreement, Licensee agrees to pay to City at the time this Agreement is requested an application fee of in the sum of Five Hundred Dollars ($500.00). 7. The tenn of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by the City. However, this Agreement may be tenninated upon Licensee's noncompliance with any of the tenns of this Agreement. City shall notify Licensee in writing of any noncompliance and if not cured within thirty (30) days, this Agreement shall be deemed terminated, unless such noncompliance is not susceptible to cure within thirty (30) days, in which case this Agreement shall be deemed terminated in the event that Licensee fails to commence and take such reasonable steps as are necessary to remedy the noncompliance within thirty (30) days after written notice specifying the same, or having so commenced, thereafter fails to proceed diligently and with continuity to remedy same. Upon the natural termination of this Agreement at the expiration of the present 30 year tenor, the parties agree to negotiate in good faith to attempt to reach a new agreement at that time consisting of substantially the same or similar terns as the current Agreement. x. It is further understood and agreed between the parties hereto that the Easement to be used and encroached upon 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 Citv 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 tern 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 accominodate the Encroachment and the public purpose. Easement Encroachment Agreement-Commercial Page 3 of 13 Revised 11/2018 9. 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, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR 1N PART, BY THE NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT 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. 10. 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 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 thirty (30) days prior written notice to the Building Official of the City. 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 the City on the anniversary date of the execution of this Agreement. Licensee agrees, binds, and obligates itself and 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 Easement Encroachmen[Agreement-Coimnercial Page 4 of 13 Revised 11/2018 restoration of the Easement. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. 11. Licensee agrees to deposit with the 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. 12. Licensee agrees to comply fully with all applicable federal, state, and local laws, statutes, ordinances, codes, and regulations in connection with the construction, operation, and maintenance of the Encroachment and uses. 13. 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. 14. 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. 15. Licensee agrees and acliiowledges 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. 16. In any action brought by the City for the enforcement of the obligations of the Licensee, the City shall be entitled to recover interest and reasonable attorneys' fees. Easement Encroachment Agreement-Conunercial Page 5 of 13 Revised 11/2018 17. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. 18. 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 the City, and any attempted assignment without such written approval shall be void as to the City. 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. Notwithstanding any of the duties or obligations of Licensee or any future assignee under this Agreement or any future assignments of this Agreement, the City agrees not to impose any additional assignment fees upon Licensee or any applicable assignee in excess of the then-applicable encroachment application fee, whatever it may be at the time, as established by City ordinance. 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 of such foreclosure or assignment and assumes all of Licensee's rights and obligations hereunder. The minimum length of advance written notice that the secured lender must provide the City shall be the same as the amount of notice that the lender would be required to give Licensee under applicable law. 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. 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. 20. This Agreement shall be binding upon the parties hereto and their successors and assigns. 21. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. Easement Encroachment Agreement-Commercial Page 6 of 13 Revised 11 12018 [SIGNATURES APPEAR ON FOLLOWING PAGE] Easement Encroachment Agreement-Conunercial Page 7 of 13 Revised 11/2018 City: Licensee: CITY OF FORT W RTH Eastchase Hospitality, LLC, a Texas limited liability company By: By: ° Randle Ha ood,Director Namc: haval Patel Planning&Develof ment Title: Manager Date: 2 Date: By: Name: Title: Date: .(, t � u•sr� �j ATTEST: ,roved As To Form and Legality City Secretary T ,Assistant City Attorney Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all pe.rfonnance and reporting r duirements. Janie S. Morales Development Manager OFFICIAL RECORD Easement Encroachment Agreement-Commercial CISNETARY Revised 1''l� FT. WORTH,TX **-'-THIS PAGE FOI1 CITY OF FOIZT WORTH OFFICE t�SE ONLY�-"i 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 Randle Harwood, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of the City of Fort Worth, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this_Z7 day of 20�. 4otary Pub& in and for t e State of Texas "Y P JENNIFER LOUISE EZERNACK Notary Public,State of Texas Comm. Expires 03-01-2020 101114 Notary Notary ID 130561630 After recording return to: Planning & Development Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 OFFICIAL.RECORD CITY SECRETARY Easement Encroachment Agreement-Commercial FT, WORT" �� Revised 11/2018 STATE OF TEXAS § rk ROSMCHAMES COUNTY OF TARRANT § �;= MYNotary ID#12999184T - "' ',•' Expires OdoW 14,2022 BEFORE ME, the undersigned authority, a Notary Public in and for the State of , on this day personally appeared Dhaval Patel, as Manager (Title) known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed, as the act and deed of Eastchase Hospitality, LLC, a Texas limited liability company(entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2,5'day of 2019. Notary Public in and for the State of OFFICIAL RECORD CITY SECR ��=w`. FT. WORTH Easement Encroachment Agreement-Conunercial Page 10 of 1� tt- tir— EXHIBIT A Map of Easement and Encroachment Easement Encroaclunent Agreement-Cotrnnercial Page 1 I of 13 Revised 11/2018 waic\ctwad�wori awaav -crooim\�»+alaz\�x\v-��\\ H ZLLJ w W W W W W 2� W W $ 0On O O O (7) 00 rl) F- Q z O Q 00 r7 N0 O O N r--) N r'-) Ln 0 X ww o' :2 F-- + €� 0 W Z Z OZ U N f� O O O � N I` 0-) Q J J v Z � O O O 't '4- O W H Z O -j U Das O w L, O a N � O O O ro � � Oso' Q Z a w Z F- p Z (n Z U (n z ZO V) _ 8 O W of Q O O Z ~ a U O a w a U w err J (n O J I I C + N N m O W Q U� O 00 00 � O 00 ~ w Z N N Nj O Lci O Ln _ 0Q Q I J Z � (/)I Z U _ ~ U 0 Q (D J J J �D J z 0 OLL J (nOcr- I � o00 Q Ou U-) N Ury m = 0 00 m h- ' L� L� y.. 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C) w - - N E z z l cf+ EAN c� ,., °� CD �. . �8.£� �TT�EC�NR SANIIPMENT O �� �I ! ,Y „80 60000 ACCESS,ORA1NAGE EASE rr �z M J, 0 0 ZB EXHIBIT B Certificate of insurance Easement Encroachment Agreement-Commercial Page 12 of 13 Revised 11%2018 Exhibit B WHITHOS-01 MSEAMAN ACORO' CERTIFICATE OF LIABILITY INSURANCE DAT DIYYYY) �..•--^'' 3//19/219/2 019 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 NAME: _ Acrisure,LLC dba Commercial Insurance Solutions Group PHONE FAX - -- 3933 Elm Street (A/C,No,Ext):(972)613-2224 1 (A/C,No):(972)613-3919 E-MAIL- Dallas,TX 75226 ADDRESS:_infocis-aIS.COm_ @ __ INSURER(S)AFFORDING COVERAGE _ - NAIC# _1 INSURER A_Technolgy Insurance Company,Inc.__ _ 42376 INSURED INSURER B: Eastchase Hospitality,LLC INSURER 1200 W Walnut Hill Lane#2525 Irving,TX 75038 INSURER D ___ _INSURER E_INSURER F, --- -�_ �-- -- �- COVERAGES CERTIFICATE NUMBER: 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 SUB POLICY NUMBER POLICY EFF T POLICY EXP LIMITS LTR INSD WVD MM/DD/YYYY MM D YYYY A X( COMMERCIAL GENERAL LIABILITY 1 �$ 1000,000 'EACH OCCURRENCE 1,000,000 DCLAIMS-MADE ��OCCUR SSP1656319 2/28/2019 2/28/2020 OAMAGE TO RIIILD 100,000 _ PREMISES(Ea occurrencel �$_ eductible$5,000i MED EXP(An one person) 1i$ _ Excluded PERSONAL&ADV INJURY_ $ 1'000'000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE__ $ 2,000,000 PRO- POLICY 1 1 JECT � k LOC li PRODUCTS-COMP/OPAGG $ 2,000,000 i OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT _tEa accident)i $ ANY AUTO BODILY INJURY Per person? ;$_ OWNED SCHEDULED AUTOS ONLY AUTOS I BODILY INJURY(Per accident)i$ HIRED NON-OWNED PROPERTYDAMAGE AUTOS ONLY AUTOS ONLY LLPer accident) $ UMBRELLA UAB OCCUR LACGGRAH OCCURRENCE $ -- - -- - — EXCESS UAB CLAIMS-MADE EGATE__ _ $ DED RETENTION$ $ WORKERS COMPENSATION PER OT- ANDEMPLOYERS'LIABWTV i _ISIATUTE_�_ YIN ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? _I� N/A I E.L.EACH ACCIDENT-- -—- —- t - - - --- (Mandatory in NH) --- 1 �_L.DISEASE-EA EMPLOYEE $ It yes,describe under j DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ I � I j I DESCRIPTON OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101.Additional Remarks Schedule,may be attached if more space is required Cyber Liability Policy#MPL2045709.19 through Hlscox Effective 2/28/19-20:$2,000,000 limit with$5,000 retention.30 day notice of cancellation except 10 day notice for non payment of premium. RE:1000 Cina Creek Parkway,Fort Worth,TX 76120. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Fort Worth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Planning Sr Development-CFA Office PN19-00014 200 Texas Street AUTHORIZED REPRESENTATIVE Fort Worth,TX 76102 ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXHIBIT C Metes and Bounds Legal Description of the Property Easement Encroachment Agreement-Couunercial Page 13 of 13 Revised 11/2018 Exhibit C Metes & Bounds ENCROACHMENT BEING 86.93 SQUARE FEET OF PART OF CERTAIN TRACT OF LAND SITUATED IN THE WILLIAM WELCH SURVEY,ABSTRACT NO. 1668, CITY OF FORT WORTH,TARRANT COUNTY,TEXAS,AND BEING PART OF LOT 8R, BLOCK 1,TRILAND EASTCHASE ADDITION,AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY,TEXAS,ACCORDING TO THE PLAT THEREOF RECORDED IN INSTRUMENT NUMBER D208194062, OFFICIAL PUBLIC RECORDS,TARRANT COUNTY,TEXAS, AND BEING A PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO EASTCHASE HOSPITALITY, LLC, BY DEED RECORDED IN INSTRUMENT NUMBER D216241477,SAID OFFICIAL PUBLIC RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 1/2 INCH IRON ROD FOUND FOR THE SOUTHEAST CORNER OF LOT 8R,SAME BEING THE SOUTHWEST CORNER OF LOT 2, BLOCK 3, COTTONWOOD VILLAGE,AN ADDITION TO THE CITY OF FORT WORTH,TARRANT COUNTY,TEXAS,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 388-166, PAGE 71, MAP RECORDS,TARRANT COUNTY,TEXAS,AND BEING IN THE NORTH RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY NO. 30-EAST FREEWAY(VARIABLE WIDTH RIGHT-OF-WAY); THENCE SOUTH 88 DEG. 54 MIN. 11 SEC.WEST,ALONG THE COMMON LINE OF SAID LOT 811 AND SAID INTERSTATE HIGHWAY NO. 30-EAST FREEWAY,A DISTANCE OF 369.54 FEET TO A 1/2 INCH RON ROD FOUND FOR ANGLE POINT; THENCE NORTH 78 DEG. 20 MIN.51 SEC. WEST, CONTINUING ALONG THE COMMON LINE OF SAID LOT 8R AND SAID INTERSTATE HIGHWAY NO.30-EAST FREEWAY, A DISTANCE OF 179.85 FEET TO A 1/2 INCH ROD WITH "RPLS 5294" RED CAP FOUND FOR THE SOUTHWEST CORNER OF SAID LOT 8R,SAME BEING THE SOUTHWEST CORNER OF LOT 7R, SAME BEING IN THE SOUTHERLY LINE OF LOT 3R,SAID BLOCK 1,TRILAND EASTCHASE ADDITION. THENCE ALONG THE COMMON LINE OF SAID LOTS 8R AND 313 AS FOLLOWS: SOUTH 89 DEG. 14 MIN. 58 SEC. EAST,A DISTANCE OF 15.00 FEET TO AN 'X'CUT FOUND FOR INTERNAL CORNER,SAME BEING THE SOUTHEWAST CORNER OF SAID LOT 311; NORTH 00 DEG,45 MIN. 02 SEC. EAST,A DISTANCE OF 200.39 FEET TO AN 'X'CUT FOUND FOR THE BEGINNING OF A CURVE TO THE LEFT, HAVING A RADIUS OF 112.00 FEET AND A DELTA ANGLE OF 43 DEG.02 MIN. 46 SEC. ; ALONG SAID CURVE TO THE LEFT,AN ARC DISTANCE OF 84.15 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 20 DEG.46 MIN.21 SEC. WEST, 82.18 FEET TO AN 'X'CUT FOUND FOR THE BEGINNING OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 112.00 FEET AND A CENTRAL ANGLE OF 43 DEG.02 MIN. 46 SEC.; Exhibit C ALONG SAID CURVE TO THE RIGHT,AN ARC DISTANCE OF 66.11 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 20 DEG.46 MIN. 21 SEC. WEST, 64.57 FEET TO AN 'X'CUT FOUND FOR CORNER; THENCE SOUTH 18 DEG. 15 MIN.53 SEC. EAST,A DISTANCE OF 51.69 FEET TO A POINT FOR CORNER AND POINT OF BEGINNING; THENCE NORTH 54 DEG. 12 MIN.31 SEC. EAST,A DISTANCE OF 4.14 FEET TO A POINT FOR CORNER; THENCE SOUTH 35 DEG.47 MIN.29 SEC. EAST,A DISTANCE OF 2.01 FEET TO A POINT FOR CORNER; THENCE NORTH 60 DEG.00 MIN.00 SEC. EAST,A DISTANCE OF 11.82 FEET TO A POINT FOR CORNER; THENCE SOUTH,A DISTANCE OF 2.89 FEET TO A POINT FOR CORNER; THENCE SOUTH 60 DEG.00 MIN.00 SEC.WEST,A DISTANCE OF 10.12 FEET TO A POINT FOR CORNER; THENCE SOUTH 35 DEG.47 MIN.29 SEC. EAST,A DISTANCE OF 7.48 FEET TO A POINT FOR CORNER; THENCE SOUTH 54 DEG. 12 MIN.31 SEC.WEST,A DISTANCE OF 5.00 FEET TO A POINT FOR CORNER,- THENCE ORNER;THENCE NORTH 35 DEG,47 MIN.29 SEC. WEST,A DISTANCE OF 10.81 FEET TO A POINT FOR CORNER; THENCE NORTH 00 DEG.09 MIN.38 SEC. EAST,A DISTANCE OF 1.47 TO THE POINT OF BEGINNING AND CONTAINING 86.93 SQUARE FEET OR 0.002 ACRES OF LAND. Exhibit C Metes & Bounds ENCROACHMENT BEING 19.74 SQUARE FEET OF PART OF CERTAIN TRACT OF LAND SITUATED IN THE WILLIAM WELCH SURVEY,ABSTRACT NO. 1668, CITY OF FORT WORTH,TARRANT COUNTY,TEXAS,AND BEING PART OF LOT 8R, BLOCK 1,TRILAND EASTCHASE ADDITION,AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY,TEXAS,ACCORDING TO THE PLAT THEREOF RECORDED IN INSTRUMENT NUMBER D208194062, OFFICIAL PUBLIC RECORDS,TARRANT COUNTY,TEXAS,AND BEING A PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO EASTCHASE HOSPITALITY, LLC, BY DEED RECORDED IN INSTRUMENT NUMBER D216241477,SAID OFFICIAL PUBLIC RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 1/2 INCH IRON ROD FOUND FOR THE SOUTHEAST CORNER OF LOT 8R, SAME BEING THE SOUTHWEST CORNER OF LOT 2, BLOCK 3,COTTONWOOD VILLAGE,AN ADDITION TO THE CITY OF FORT WORTH,TARRANT COUNTY,TEXAS,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 388-166, PAGE 71, MAP RECORDS,TARRANT COUNTY,TEXAS,AND BEING IN THE NORTH RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY NO.30-EAST FREEWAY(VARIABLE WIDTH RIGHT-OF-WAY); THENCE SOUTH 88 DEG. 54 MIN. 11 SEC.WEST,ALONG THE COMMON LINE OF SAID LOT 811 AND SAID INTERSTATE HIGHWAY NO. 30-EAST FREEWAY,A DISTANCE OF 369.54 FEET TO A 1/2 INCH RON ROD FOUND FOR ANGLE POINT; THENCE NORTH 78 DEG. 20 MIN,51 SEC. WEST,CONTINUING ALONG THE COMMON LINE OF SAID LOT 8R AND SAID INTERSTATE HIGHWAY NO. 30-EAST FREEWAY,A DISTANCE OF 179.85 FEET TO A 1/2 INCH ROD WITH "RPLS 5294" RED CAP FOUND FOR THE SOUTHWEST CORNER OF SAID LOT 8R, SAME BEING THE SOUTHWEST CORNER OF LOT 7R, SAME BEING IN THE SOUTHERLY LINE OF LOT 3R,SAID BLOCK 1,TRILAND EASTCHASE ADDITION. THENCE ALONG THE COMMON LINE OF SAID LOTS 8R AND 3R AS FOLLOWS: SOUTH 89 DEG. 14 MIN. 58 SEC. EAST,A DISTANCE OF 15.00 FEET TO AN 'X'CUT FOUND FOR INTERNAL CORNER,SAME BEING THE SOUTHEWAST CORNER OF SAID LOT 313; NORTH 00 DEG.45 MIN.02 SEC. EAST,A DISTANCE OF 200.39 FEET TO AN 'X'CUT FOUND FOR THE BEGINNING OF A CURVE TO THE LEFT, HAVING A RADIUS OF 112.00 FEET AND A DELTA ANGLE OF 43 DEG.02 MIN.46 SEC.; ALONG SAID CURVE TO THE LEFT,AN ARC DISTANCE OF 84.15 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 20 DEG.46 MIN.21 SEC.WEST, 82.18 FEET TO AN 'X'CUT FOUND FOR THE BEGINNING OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 112.00 FEET AND A CENTRAL ANGLE OF 43 DEG.02 MIN. 46 SEC.; Exhibit C ALONG SAID CURVE TO THE RIGHT,AN ARC DISTANCE OF 66.11 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 20 DEG,46 MIN. 21 SEC. WEST, 64.57 FEET TO AN `X'CUT FOUND FOR CORNER; THENCE SOUTH 37 DEG. 33 MIN.43 SEC. EAST,A DISTANCE OF 66.67 FEET TO A POINT FOR CORNER AND POINT OF BEGINNING; THENCE SOUTH 60 DEG.00 MIN.00 SEC. EAST,A DISTANCE OF 6.39 FEET TO A POINT FOR CORNER; THENCE SOUTH 00 DEG.09 MIN.38 SEC.WEST,A DISTANCE OF 3.17 FEET TO A POINT FOR CORNER; THENCE NORTH 60 DEG.00 MIN.00 SEC. WEST, A DISTANCE OF 7.97 FEET TO A POINT FOR CORNER; THENCE NORTH 30 DEG.00 MIN.00 SEC. EAST,A DISTANCE OF 2.75 TO THE POINT OF BEGINNING AND CONTAINING 19.74 SQUARE FEET OR 0.0005 ACRES OF LAND.