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HomeMy WebLinkAboutContract 52175 CITY SECRETARY (cONTRACTNO._ 591-75 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 Habbers Development, LLC, a limited liability company ("Licensee"), owner of the real property located at 5632 Edwards Ranch Rd, Fort Worth, Texas 76107("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 sanitary sewer easement (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 constructing an underground vault for a fire line double check detector assembly (DCDA), an above ground domestic water reduced pressure zone assembly (RPZ), and associated fire and domestic water lines across the easement (the "Encroachment"). Upon �d completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within the Easement. Licensee shall not expand or otherwise cause the Easement Encroachment Agreement-Commercial OFfIS1 ff RECORD RCM SKRETARY FT. WORTH,TX Encroachment to further infringe in or on City's Easement beyond what is specifically described in the exhibit(s) attached hereto. 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 future 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 Easement Encroachment Agreement-Commercial Page 2 of 13 Revised 12/2018 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- 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 term 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 terminated upon Licensee's noncompliance with any of the terms 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. 8. 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 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. Easement Encroachment Agreement-Commercial Page 3 of 13 Revised 12/2018 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 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 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 $19000,000 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 Easement Encroachment Agreement-Commercial Page 4 of 13 Revised 12/2018 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 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 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. Easement Encroachment Agreement-Commercial Page 5 of 13 Revised 12/2018 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. 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. 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 sixty (60) days of such foreclosure or assignment and assumes all of Licensee's 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. 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 12/2018 [SIGNATURES APPEAR ON FOLLOWING PAGE] Easement Encroachment Agreement-Commercial Page 7 of 13 Revised 12/2018 City: Licensee: CITY T W H HABBERS DEV OPMEN LLC By: By: R ndle Harw Director Name:Om clod DO Planning&Dev op nt Title: Manager Date: Date: By: Name: Title: ;�"- Q� •• hate: ei ATTEST: 4ppr ved As To Form and Legality �f Alsr City Secretary Trey Q Assistant City Attorney Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all performance Aan( reporting Tents. •U Janie S.Morales Development Manager Easement Encroachment Agreement-Commercial Page 8 of 13 Revised 12/2018 Ask- OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX 1 ' CITY OF FORT1 ' OFFICE USE 1 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_q�_day of 20�. JENNIFER LOUISE EZERNACK 101► _i°...... cS Notary Public,State of Texas ol% rz Comm. Expires 03-01-2020 Not Public in for the Sqte of Texas .; -0-F. }' 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 .�P } r T X j e use i STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of �,on this day personally appeared Omar Selod,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 Habbers Development, LLC, a limited liability company(entity type),and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ��Gh 20 1C� . AnA A il�' �r tary Public in an State of rt'xGS w • SHAWNTA R STEWART Notary ID#131134137 My Commission Expires May 17,2021 Easement Encroachment Agreement-Commercial Page 10 of 13 Revised 12/2018 r OFFICIAL.RECORD CITY SECRETARY' FT. WORTH,TX EXHIBIT A Map of Easement and Encroachment Easement Encroachment Agreement-Commercial Page 11 of 13 Revised 12/2018 Exhibit A EASEMENT ENCROACHMENT N 131 SQUARE FEET OR 0.003 ACRES FELIX G. BEASLEY SURVEY ABSTRACT NO. 135 � \ CITY OF FORT WORTH, TARRANT COUNTY, TEXAS w E \ 5632 EDWARDS RANCH ROAD 10' ELECTRIC EASE NT/ / / $ FORT WORTH,TEXAS CC#D2181587 1 \ 0' 10' 20' LOT 12, BLOCK 2 OPRT EDWARDS RANCH VS\ CLEARFORK ADDITION ��. / / 1 20' CC# D217113434 OPRTCT �Q��'� �% LOT 11, BLOCK 2 1/2-INCH CAPPED ' \ �� IRON ROD"PELOTON' a EDWARDS RANCH /� FOUND ` �P CLEARFORK ADDITION CC# D217113434 6"FIRE 1. �/ P f OPRTCT oQ 0'�`;yo LINE c, �L y & V 00 �P�\ EASEMENT O // ENCROACHMENT 131 SF / rn J FO C2 10.003 AC N //� / 5��\ O?A�O / / FELIX G. BEASLEY f SURVEY, 3 ! OJ `QO / c,��°��e ABSTRACT NO. 135 a) t NOTES U 1. Basis of bearing being the Texas LEGEND w Coordinate System,NAD83,North CC#............County Clerk's Instrument No. N Central Zone 4202,as established using OPRTCT.....Official Public Records,Tarrant County,Texas j GPS Technology in conjunction with the pOB...........Point of Beginning 0 Texas RTK Cooperative Network. PRTCT........Plat Records,Tarrant County,Texas o SSE............Sanitary Sewer Easement / 2. All distances shown are at ground. o UE.............Utility Easement m P�E,0 F rFk 0 E3 B 1 • BAIRD HAMPTON 8� BROWN � r �—`cam' ROBERT P.ALLEN - - l f�' ..�.................•... N engineering and surveying P :�a 6495 ..P p • >, 3801 William D.Tate Ave,Ste 500 Grapevine,TX 76051 Q..'•••'��� mail@bhbinc.com•817.251.8550•bhbinc.com Robert P.Allen February 01, 2019 SU Rv TBPE Firm#44•TBPLS FIRM#10011302 Registered Professional Land Surveyor No. 6495 j PROJECT NO. 2018.723.000 2 of 3 w Exhibit A EASEMENT ENCROACHMENT 131 SQUARE FEET OR 0.003 ACRES FELIX G. BEASLEY SURVEY ABSTRACT NO. 135 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS i PROJE OCATI t �1 ate° ko� E00 !l O _ T o N N N 3 Curve Table x w 0 Curve# Delta Radius Arc Length Chord Bearing Chord Length E o C1 1°15'00" 393.00' 8.57' N44°21'02"E 8.57' 0 L C C2 1015'00" 408.00' 8.90' S44021'02"W 8.90' w i C3 1°56'43" 408.00' 13.85' N45056'54"E 13.85' c� 0 C4 6024'03" 408.00' 45.58' N40031'31"E 45.56' i O O 0 m 0 0 Line Table BAIRD, HAMPTON & BROWN - — Line# Direction Length r engineering and surveying 0 EL2 N45°01'28"W 15.00 T 3801 William D.Tate Ave,Ste 500 Grapevine,TX 76051 mail@bhbinc.com•817.251.8550•bhbinc.com „ TBPE Firm#44•TBPLS FIRM#10011302 S46°16 28 E 15.00 PROJECT NO.2018.723.000 3 of 3 w EXHIBIT B Certificate of Insurance Easement Encroachment Agreement-Commercial Page 12 of 13 Revised 12/2018 Exhibit C Client#: 114693 18HABBEDEV ACORD,. CERTIFICATE OF LIABILITY INSURANCE -DATE 4/05/2019 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 1S WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Marsh Wortham PHONE 817-336-3030 FAX 817-336-8257 A/C,No,Ext: A/C,No): 1600 West Seventh Street E-MAIL Fort Worth,TX 76102.2505 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# 817 336-3030 Cincinnati Insurance Company 10677 INSURER A: P Y INSURED INSURER B Habbers Development LLC INSURER C 800 8th Ave.Ste 506 INSURER D: Fort Worth,TX 76104 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. ADDLSUBR.I LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE NSR�WVD I POLICY NUMBER MM/DD/YYYY FF MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY ENP0531202 4/03/2019 04/03/2020 EACH OCCURRENCE $1,000,000 CLAIMS-MADE �OCCUR PREMISETO OERENTED nce $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- POLICY JECT LOC PRODUCTS-COMP/OPAGG $2,000,000 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 LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y I N STATUTE �ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? ❑ N I A (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/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION City Of Fort Worth SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Planning$Development-CFA Office ACCORDANCE WITH THE POLICY PROVISIONS. PN19-00028 200 Texas St- AUTHORIZED REPRESENTATIVE Fort Worth,TX 76102-6314 Marsh A.URham, I a dMsion of Marsh USA Inc ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) 1 of 1 The ACORD name and logo are registered marks of ACORD #S 1042818/M 1042817 18KMA EXHIBIT C Metes and Bounds Legal Description of the Property Easement Encroachment Agreement-Commercial Page 13 of 13 Revised 12/2018 Exhibit C EASEMENT ENCROACHMENT 131 SQUARE FEET OR 0.003 ACRES FELIX G. BEASLEY SURVEY ABSTRACT NO. 135 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS BEING a 131 square feet or 0.003 acre tract of land situated in the Felix G. Beasley Survey,Abstract No. 135,City of Fort Worth, Tarrant County,Texas,and being part of Lot 12, Block 2, Edwards Ranch Clearfork Addition,an addition to the City of Fort Worth, Tarrant County,Texas,as shown on plat thereof recorded in County Clerk's Instrument No. (CC#) D217113434,Official Public Records,Tarrant County,Texas,(OPRTCT)and being more particularly described by metes and bounds as follows: (Basis of bearing being the Texas Coordinate System, NAD83, North Central Zone-4202.As established using GPS Technology in conjunction with the Texas RTK Cooperative Network) COMMENCING at a 5/8-inch capped iron rod marked"DUNNAWAY ASSOC."found for the south corner of said Lot 12 and being common with the east corner of Lot 11 of said Block 2,also being in the northwest right of way line of Edwards Ranch road and the PC of a curve to the left,having a radius of 408.00 feet; THENCE with the southeast line of said Lot 12,the northwest right of way line of said Edwards Ranch road and said curve to the left having a central angle of 01°56'42",a chord bearing and distance of North 45°56'54" East,a distance of 13.85 feet,an arc length of 13.85 feet to the POINT OF BEGINNING; THENCE across and over the aforesaid Lot 12,the following courses and distances: North 45°01'28"West,a distance of 15.00 feet to the PC of a curve to the left,having a radius of 393.00 feet; With said curve to the left, having a central angle of 01*15'00", a chord bearing and length of North 44°21'02" East,a distance of 8.57 feet,an arc leght of 8.57 feet to a point for corner; South 46°16'28" East,a distance of 15.00 feet to a PC of curve to the right,having radius of 408.00 feet, also in the southeast line of the aforementioned Lot 12 and being in the northwest right of way line of the aforesaid Edwards Ranch E road,from which a 1/2-inch capped iron rod marked"PELOTON"found bears with a curve to the left, having a radius of 00 408.00 feet,a central angle of 06°24'03",a chord bearing and distance North 40°31'31" East a distance of 45.56 feet and o arc length of 45.58 feet; rn o THENCE with said southeast line of said Lot 12 and being with the northwest right of way line of the aforementioned Edwards Ranch road and said curve to the right having a central angle of 01°15'00",a chord bearing and distance of South 44°21'02"West, rl- a distance of 8.90 feet,an arc length of 8.90 feet to the POINT OF BEGINNING and containing 131 square feet or 0.003 acres of N land,more or less. 3 s x w c a) E s U O O U C w N t\ O O O C-�PEr,\STERF gS ;: <Dt �� •.:.......•........d... BAIRD, HAMPTON & BROWN { / ROBERT P06,*90*00*000�ALLEN .. N - -- - -- engineering and surveying ] � 6495 �,:% OP 3801 William D.Tate Ave,Ste 500 Grapevine,TX 76051 ��� > mail@bhbinc.com•817.251.8550•bhbinc.com Robert P.Allen February 26,2019 SU Rv TBPE Firm#44•TBPLS FIRM#10011302 ,Registered Professional Land Surveyor No.6495 i PROJECT NO.2018-723.000 1 of 3 w