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HomeMy WebLinkAboutContract 52624 CITY SECRETARY C1 CONTRACT NO._ 5a a p�G � � 02 Soc� PUBLIC RIGHT-OF-WAY ENCROAC HMENT LICENSE AGREEMENT O 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 Department Director, and CRP/CHI Mark IV Owner, L.P., a Delaware limited partnership ("Licensee"), owner of the real property located at Great Southwest Parkway and Mark IV Parkway, Fort Worth, Texas 76106 ("Property"), acting by and through a duly authorized Vice President. 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," which is incorporated herein for all purposes; and WHEREAS, Licensee desires to construct/place and maintain certain improvements which will encroach in, on, above, or below the Public Right-of-Way; 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 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 Public Right-of-Way as described in and at the location shown on Exhibit A, but only to the extent shown thereon, for the purpose of installing private sewer, water and storm lines (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within the Public Right-of-Way. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on the Public Right-of-Way beyond what is specifically described in the exhibit(s) attached hereto. OFFICIAL RECORD I CITY SECRETARY ROW Encroachment Agreement-Commercial .�g 1 FT. ��bd�t22 1 —1 2. All construction, maintenance, or operation in connection with such Encroachment, use, or occupancy shall comply and be performed in material compliance with this Agreement and with the Charter, Ordinances, and Codes of the City and in accordance with the written directions of the Director of the Transportation and Public Works Department or the Director of the Water Department, or their duly authorized representative related to the Encroachment. 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 the securing the approval and consent of the appropriate utility companies and 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 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 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 based on actual costs. 4. 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 and the City shall be responsible for such access and use. The City shall bear no responsibility or liability for any damage or disruption or other adverse consequences resulting from the Encroachment installed by Licensee except for City, -its employees' or its contractors gross negligence or willful misconduct, but City and its employees or contractors 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 Public Right-of-Way 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 ROW Encroachment Agreement-Commercial Page 2 of 14 Revised 12/2018 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 Public Right-of-Way, Licensee hereby gives 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 reasonable 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 in the sum of Five Hundred Dollars ($500.00). Additionally, Licensee agrees to pay a fee in the amount of$1.44 per square/linear foot of the encroachment area upon execution of this Agreement and annually thereafter. 7. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by 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 of such notice, 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 Public Right-of-Way to be used and encroached upon 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 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. ROW Encroachment Agreement-Commercial Page 3 of 14 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, EXCEPT AS CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED GROSS 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. THE CITY SHALL REMAIN RESPONSIBLE FOR ALL CLAIMS OR SUITS DIRECTLY OR INDIRECTLYRELATED SOLELY TO ITS ACCESS TO THE ENCROACHMENT FOR ITS OWN PURPOSES. 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 is 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 reasonable 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. ROW Encroachment Agreement-Commercial Page 4 of 14 Revised 12/2018 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 restoration of the Public Right-of-Way. 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 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 property in which a third-party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. ROW Encroachment Agreement-Commercial Page 5 of 14 Revised 12/2018 16. 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 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 ROW Encroachment Agreement-Commercial Page 6 of 14 Revised 12/2018 [SIGNATURES APPEAR ON FOLLOWING PAGE] ROW Encroachment Agreement-Commercial Page 7 of 14 Revised 12/2018 City: Licensee: CITY OF FORT WORTH CRP/CHI MARK IV OWNER, L.P., a Delaware limited partnership By: CRP/CHI Mark IV GP, L.L.C., a Delaware limited liability company, its general partner By: CRP/CHI Mark IV Venture, L.L.C., a Delaware limited liability company, its sole member By: CHI North Texas 105 Mark IV, L.P., a Delaware limited partnership, its administrative member By: CHI Development GP, L.L.C., a Delaware limited liability company, its general partner 14 By: By: lfj Randle Harwood, Director Name: William G. Munding , III PIaru-it--« Development Title: Vice President Date: 7 Date: q( 1 fl� f-ORr f ATTEST: .......... Approved As To Form and Legality •' ��Xr'�S Aty'Secrentry Trey Qualls Assistant City Attorney OFFICIAL RECORD CITY SECRETARY FT. WORTH,1�'- ROW Encroachment Agreement-Commercial 4 Revised 12/2018 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 RECUkU CITY SECRETARY FT. WORTH,TX ROW Encroachment Agreement-Commercial Page 9 of 14 Revised 12/2018 ***THIS PAGE 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 day of ' 20 // . Notary Public ' and for he ate of Texas \���Yp�/ JENNIFER 40IJISE EZERNACK .��� .. �. s Notary Public.State of Texas Comm.Expires 03-01-2020 Notary ID 130561630 After recording return to: Planning& Development Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX ROW Encroachment Agreement-Commercial Revised 12/2018 STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared William G. Mundinger, III, Vice President of CHI Development GP, L.L.C., a Delaware limited liability company, the general partner of CHI North Texas 105 Mark IV, L.P., a Delaware limited partnership, the administrative member of CRP/CHI Mark IV Venture, L.L.C., a Delaware limited liability company, the sole member of CRP/CHI Mark IV GP, L.L.C., a Delaware limited liability company, the general partner of CRP/CHI MARK IV OWNER, L.P., a Delaware limited partnership 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 CRP/CHI Mark IV Owner, L.P., a Delaware limited partnership (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2 d 1 ay of June, 2019. Notary Public in and for the State of Texas `tiPpv"" SARAH E PEARSON Notary Public,State of Texas Comm. Expires 10-29-2020 Notary ID 12915680-2 OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX ROW Encroachment Agreement-Commercial Page 11 of 14 Revised 12/2018 EXHIBIT A Map of Easement and Encroachment ROW Encroachment Agreement-Commercial Page 12 of 14 Revised 12/2018 Exhibit A N 0 300' 600' GRAPHIC SCALE-1"=300' PRIVATE WATER LINE >1 SEE WATER EP2. 12"WATER LINE EXHIBIT 1 CP2 - T; _ _ EP3 ` — n ` i EP11 L — EP1 F t PRIVATE WATER LINE BUILDING 12 WATER LINE J�SEE WATER BUILDING 239,000 SF 204,5005F CP1 EP4 EXHIBIT 2 X. PRIVATE WATER LINE — —— 1 24'EMERGENCY I I o EP5 ACCESS EASEMENT �I N1-m zI _ EP7 IIIIIIIII f t r a CP3 -- ' — — SEE WATER _ i — r _ tt 15'WATER CP5 0. 12"WATERLINE � EASEMENT n _ I I SEE WATER J ( ` i — EXHIBIT 5 15'W�_ EASEMENT —fir LEGEND: - --� l� Q I 24'EMERGENCY . EP12 �- I PROPOSED WATER ( ACCESS AND EP8 WATER EASEMENT al SEE WATER > EXISTING WATER I EXHIBIT4 Q" —EP1 I ENCROACHMENT POINT � ,X CP1 BUILDING EXISTING 20" o CONTROL POINT I 580,000SF WATER LINE TT _ I NOTES: f s SEE METES&BOUNDS TABLE FOR r ALL BEARINGS AND DISTANCES EXISTING 12" _ WATER LINE y — �— Fes/. 2 V':I K �12"V.i-V+ GREAT SOUTHWEST PARKWAY I I MEN HALFF' WATER KEY MAP MARK IV COMMERCE PARK FOORRTFOSSIL WORTH,TEF�s 7013�ZM FORT WORTH,TEXAS TEL Ian)647-1422 DATE:4/1/2019 =AVO: 34292 TBPE FIRM iF-312 Exhibit A w PUBLIC WATER LINE A c g m 0 3HO — - S72'41'39'E r — — — — — — — — — — — — r — -83.14 � I _ PRIVATE S7LINE - - - `"CP1 _ _ _ - - _ - PUBLIC SEWER LINE A - - EP1 0+ 1Y WTR 1Y WTR 12"WTR 12'WTR 1 WfR SS.8 SS-8 SS 9 SS.8 SS„9 8"3S J 74-00 8"SS 1 15'WATER EASEMENT — — — STA.1+71.32 WATER LINE A — —�r-----$S INSTALL: n 1-12"X12"ANCHOR TEE 16 SEWER EASEMENT 3-12"GATE VALVE N:6989801.05 24'EMERGENCY ACCESS EASEMENT E:2329793.55 RAILRC IAD R.O.W. 1 625 N IN EX.1Y WTR 620 STA.2+22.61 WATER LINEA� 12"PVC Q-10021% 8"SEWER CROSSING _. 12'PVC 100.00% FL-620.24 615 24"EftEE ENCASEMENT STA.1+67.18 WATER LINE A ur STORM CROSSING FL�814.97 610 a d 22 Y1 605 a d asz a 600 Z a Z�ca. z-0 0 1[4, 24 DO 2 PO 34 DO LEGEND: ENCROACHMENT POINT dEP1 CP1 CONTROL POINT ONE HALFF. WATER EXHIBIT 1 MARK IV COMMERCE PARK FORTF�TH-TEXOS 76137-2T20 FORT WORTH,TEXAS ML(817)847-1422 DATE:4/1/2019 =AVO: 34292 TBPE FIRM*FJ12 Exhibit A STA.BWe.W WATER LINE A INSTALL: - N 1-12W ANCHOR TEE 1— _ 1-1r GATE VALVE — — ``1-I'GATE VALVE 1-HYDRANT ASSEMBLY — — — 10 LF W WTR N:69B9808S8 PRIVATE WATER LINE B E:23291W 02 — -SS1'382M S64101211W CP2 50.61 - e7sa 4121 PRIVATE SEWER LIN } 'co sw'° E A --- ' 1' PUBLIC WATER LINE A _ STA.6-18.54 WATER LINE A 5. INSTALL: EP3 1rwrR �- 121WTR ANCHOR TEE 61>4 s r EP2 ss'.a N:8989606.06 1 "- ss.a ss.e ss E:2329147.45 I PUBLIC SEWER LINE A STA.8+38.27 WATER LINE A I 648TALL: `- — r DOMESTIC SERVICE - PER CITY STANDARD DETAIL t I rvnR _ _ STA.7t25.72 WATER LINE A TO LF r WrR INSTALL: N;698B768.44 ` 1 r STA.7-43.61 WATER LINE A 1-12.110'ANCHOR TEE E:2329146.16 , I INSTALL- 1-10'GATE VALVE 4 S30'04vm 1-it HORIZ.BEND(1125') 30 LF 10'WTR FOR FIRE SERVICE STA.S+W 23 WATER LINE A I 144A I DEFLECT 9'30W RT SEE MEP PLANS INSTALL: I ;I! Y N:611e9796.25 N:69e9m44 r IRRIGATION METER f "L E:232=1.00 E:2329M.17 9LFr WATERLINE I ) 1-2'METER BOX REFERENCE IRRIGATION PLANS FOR STA.7-59.90 WATER LINE A LOCATION OF DOUBLE CHECK 7 INSTALL: VALVE ASSEMBLY EW - I t I T INRIOATION METER N: �.48 32 LF 2'WATER LINE E:2329146.35 PRIVATE SD LINE H 1-r METER BOX i N:690798.02 STA.8+72.19 WATER LINE A ( H i E:2329206.20 INSTALL 1 r DOMESTIC SERVICE 15'WATER EASEMENT PER CITY STANDARD DETAIL PUBLIC WATER LINE A ,-17 GATE VALVE _ .�+ � 21'EMERGENCI'ACCESS EASEMENT r WTR N: .,� N:6969761.62 E 2329146.52 .GROUND 630 STA 8-20.67 WATER LINE A STA.7.30.72 WATER LINE A 6•SEWER CROSSING 6'SEWER CROSSING FL`824.48 STA.0-18.12 WATER LINE A 625 FL=627D1 0 18'STORM CROSSING FL•626.18 n 74% 12'FNC60. b 00 i 0102.44% W�t PVC Bp Z STA.7i85.63 WATER L E A tr PVC -0.00% 24'STORM LNG FL= 77 it PVC®-0.09 615 610 < < < d w < K ~ < < < W < B05 < 3 K v w < — ge W w msy k `6 81 �a. `1 Rihu roc . .$ S c1 tV b C N< Y N ♦ Q V! �! 11 H < I!fr W V �1 LV Z C wG � ~ P J� Z—TX Ja CN>06 6 7 7 8 9 9 1 1 SO LEGEND: dEP1 ENCROACHMENT POINT rCP1 CONTROL POINT ETC MEN HALFF. WATER EXHIBIT 2 MARK IV COMMERCE PARK FORT FOSSIL A NTCREEK RTEERA9 L7611372720 FORT WORTH,TEXAS TF1(817)647-1422 DATE:4/1/2019 EAVO: 34292 TBPE FIRM 6F-312 Exhibit A Eft LAJ r 16'WATER EASEMENT mod. ­�- PRIVATE WATER L7INEC —PRIVATE ER LINE 6 1 , I F- wmal 365-25 PUBLIC WATER LINE A STA.12-64 77 WATER LINE A ti aP7 NTT03'51-W WALL: 11-12'HOF4Z (45') J! a, OEFLECT4='L' N:SM331'97 E:2=150.90 wm.zi STX 13-OSAI WATER LINE A PRIVATE SD LINE I MTALL GAS GAS I-17 HORLL BEND(45') -DEFLECT 45VVLT N:GM=-07 Cp3 .:2329190.90 28BJ54 -EX-QROUND-� 630 I-PROP.GROUND STA.12-35.28 WATER LINE A llr STORM CROSSING 625 STA.10+52 72 WATER LINE A_ FL-82&71 it STOW CROSSING FL o 621,13 Irpy(ea6w% ;,�-STA.12+7&96 WATER LINE A- 42.STOW CROSSING 620 La Fl.-619.87 z I Ir PVC 0.00% Ir PVC•-100.209L Ir wC @-4.7wc 615 610 ziza mm LEGEND: III P ru r EP1 L!it 7 .,3 bt L ENCROACHMENT POINT 600 .1-f-, 9 jz. OR ZI it Y j Z CPl 10+50 11+00 11+50 12+00 12-50 13+00 13-.50 14+00 14+50 CONTROL POINT mom WATER EXHIBIT 3 HALFF' MARK IV COMMERCE PARK 4M FOSSIL CREEK BLVD FORT WORTH,TEXAS 76137-2M FORT WORTH,TEXAS Ta(817)847-1422 DATE:4/11/2019 AVO: 34292 TRPE FIRM W312 1 11 1 Exhibit A I CP4 I x STA.31+43,27 WATER LINE A MSTALL: NOR¢.SEND(225') } \ DEFLECT 22-"RT I Y N;SBBBBSB.0 I Q E:ZkWIM14.14 3TA 32+57.48 WATER LINE A INSTAu: d a METER ELSE > REFEREN[.E.IGATION MANS Y Mnt J S27'54'12'W FOR LOCATION VALVE ASSEI ASSEMBLY 335.75CHECK It SSSSSOSiT E:233170t47 STA.S"la WATER LSE A' �� � PUBLIC WATER LINE A INSTALL: 1-12*W ANCHOR TEE �i 1-I GATE VALVE - EPo STA 33N5D4 WATER LINE A 1-IT GATE VALVE INSTALL 1-NMDRANT ASSEMBLY -- 1-1r HORIZ BEND(45-) 16 LF S'WIR DEFLECT 45'W RT it••••64 Al \ N:SI M ISM.13 E:I330.173A - E:7J]07235• PRIVATE SD LAT&1 � M 625 � PROP.GROUND - .FILL TO BE PLACED AND --- COMPACTED T8�STD.PROCTOR _ — 620 PVC 0.57%it 615 y STA.32.63.31 WATER UNE A Z r CROSSING 17 PVC®27.0 _— 610 -� tr PVC -0.00% wx 17 wr 605 -- - - -- —- - < S 1A K H—9600 5930 3O 50 31 50 33 3434 LEGEND: ENCROACHMENT POINT dEP1 CP1 CONTROL POINT MEN HALFF. F WATER EXHIBIT 4 MARK IV COMMERCE PARK 40DO FOSSIL CREEK BLVD FORT WORTH,TE%A3 78137_2720 DATE:4/1/2019 =AVO: 34Z92 FORT WORTH,TEXAS TEL(B17)847-1422 TBPE FIRM SF-312 Exhibit A - 1 t �.o \ NN I ! - - PRIVATE STORM LINE E wa�xi € �•wron�m _ n�.sar EP12 I I PRNATE STORM LINE D —=IRALICWATER LINE A -- —- ... STA.5;0MT STORM LOIE E f WATER G10S6110 lOc'VR NOL '— 620 RCP� 4Y 816 610 IL 4 1- 7 560 fe LEGEND: b b dEP1 ENCROACHMENT POINT rCP1 ` 9B0 CONTROL POINT �C 4+00 4450 5*00 5.60 5.00 8r ONE HALFF. WATER EXHIBIT 5 MARK IV COMMERCE PARK 4000 FOSSIL CREEK BLVD FFO(617T7)84F,TEMS 78137-gyp DATE:4/1/2019 =AVO: 34292 FORT WORTH,TEXAS TBPE FIRM iF-312 Exhibit A N a - PRIVATE SS LINE SEE SEWER 0 300' 600' EXHIBIT 1 GRAPHIC SCALE-1"=300' 8"SS LINE — PRIVATE SS LINE _ =CP2 — CP1— LEGEND: � - — — — EP10 L—— PROPOSED SS EP13 BUILDING EP9 EP14 204.500SF EXISTING SS SEE SEWER 15'SANITARY ` �EP1 EXHIBIT 2 SEWER EASEMENT I I ENCROACHMENT POINT CPl CONTROL POINT �C NOTES: SEE METES&BOUNDS TABLE FOR — ALL BEARINGS AND DISTANCES I III a a Y a BUILDING 1 EXISTING 10"SS 580,000 SF LINE 7 I PRIVATE SS LINE PRIVATE SS LINE EXISTING 8" SS LINE S C ^GREAT SOUTHWEST PARKWAY 8"SS LINE 10"SS LINE MEN HALFF. SEINER KEY MAP MARK IV COMMERCE PARK FORT.RTEE%gg 76137_2r10 FORT WORTH,TEXAS TEL(817)847-1422 DATE:4/1/2019 AVO: 34292 TBPE FIRM SF-312 Exhibit A STA.0027-45 SS LINE A CONNECT TO EX.SSMH FL 8-(IN)=619-50 FL B'(OUT)=619.23 RIM ELEV.=627.8 0 - - - - - - - - - - - - - - - - - - w Lu IL D U) O Of CPl PUBLIC WATER LINE A S47*5941"E r PUBLIC 8"SEWER LINEA u 37.73 EP9 SD SEWER E PRIVATE _-LINE--7 NE C-FPRIVATESLDLlEE:C? SIR SS.v 3+00 2+00 - - - - 15'WATER EASEMENT - - - - - - - VO 4if SEWER EASEMENT PRIVATE SEWER LAT A-2 r 24'EMERGENCY ACCESS,WATER&DRAINAGE EASEMENT STA.1+47.79 SS LINE A- STA.0+00.00 SS LAT A-1 STA.0+00.00 SS LAT A-2 VDIA.SSMH WARREN ENVIRONMENTAL S-301-14 EPDXY CORROSION PROTECTION OR APPROVED EQUAL BEGIN PRIVATE LATERALS INSTALLED 3V OTHER THAN PEN CUT-- 635 I AILROA0 R.O.W. EXGROUND-"� 630 RIM-On.35!s r --TT 525 20STEEL EU�NCASE ENTII -4-11- 620 STA.1.23.0 OSSUNEA 30*STORM CROSSING 615 FL.615.33 A-CSS-A z LEGEND: SIC ----d ----A 610 pi EP1 a I 29 at;; ENCROACHMENT POINT .......... CPl 4.LIN L 605 TLu I&-0*50 0+00 0+50 1+00 1+50 2+00 2+iF CONTROL POINT ETC mom - I m HALFF SEWER EXHIBIT 1 MARK IV COMMERCE PARK 0 0 �TEL(817)847-1422 -711-AVO: 34292 FORT WORTH,TEXAS FORT ',-"--BLVD FORT VMRTH,TEXAS 76137-2M DATE:4/l/201 TBPE FIRM*F312 1 Exhibit A N STA.7+40.41 SS LINE A — — — - — INSTALL: _ _ S52°OB'36"W CP2 S17°03'42'E END PUBLIC LINE — 64.62 50•80 BEGIN PRIVATE LINE - --------- _12",NTIR _ _-__ _ r` r 52.43 F y PRIVATE SD LINE C _ - s - T - - PUBLIC WATER LINE A " — — — — — — - PRIVATE WATER LINE B - - - ss, — PUBLIC 8"SEWER LINE A ---i.� •2�-Wi �T12 WTR PRIVATE SEWER LINE A - 7+00 .9 95.4 SS.a— 0 aS.a- - EP13 EP14 �� PRIVATE SD LINE H EP10 7O — C "" I~ STA.5.47.79 SS LINE A _ - STA 6+20.26 SS LINE A= 4'DIA SSMH STA 0+00.00 SS LAT A-3 WARREN ENVIRONMENTAL STA 8+89.81 SS LINE A INSTALL S-301-14 EPDXY CORROSION 1r 4' INSTALL- D SSMH PROTECTION OR APPROVED 7 15'WATER EASEMENT I f 4'DIA SSMH WARREN ENVIRONMENTAL EQUAL --- f„ �� WARREN ENVIRONMENTAL S-301-14 EPDXY CORROSION FL W(IN)•622.24 S-301-14 EPDXY CORROSION PROTECTION OR APPROVED FL 8'(OUT)-622.24 PROTECTION OR APPROVED EQUAL RIM ELEV.-628.3 i l 1 I EQUAL IBEGIN PRIVATE LATERAL RIM=628.96 _ RIM=628.35 —__RI_M=-628.39_STA.6+50.91 SS LINE A 6"SEWER CROSSING - 10"WATER CROSSING _ FL-627,02 FL=626.41 625 o. 620 — STA.7+22.59 SS LINE A ---4_� 24'STORM CROSSING --.,. —__._ ____ -- FL=620.32 615 Lu w F _ Z Ill w 610 pu � Ir •to 2 w~ ro g#N Z f- ap [�v 4A J to Z g�.y < x: : ot5� rC?u x It x.. ._ d � U. B 1+ Z11 v 3 ¢ N e 3 ~ v$di w U.LL_ LL LL 665 rn 5+00 5+50 6+00 6+50 7+00 7+50 8+00 8+50 9+00 LEGEND: ENCROACHMENT POINT dEP1 CP1 CONTROL POINT ONE HALFF" SEWER EXHIBIT 2 MARK IV COMMERCE PARK FOORRTFWMTLHC,RE7EXAS 76137-2no FORT WORTH,TEXAS TEL(817)847-1422 DATE:4/1/2019 L AVO: 34292 TBPE FIRM SF-312 Exhibit A WTCH WE U&W0 71J T � M TWT MT � T � � 2T � N�� NM T � H � 11 h. WM SI yy R A� i I g �Sm 0-■ STORM DRAIN"A"PROFILE (SHEET 2 OF 2) HALFF MARK IV COMMERCE PARK `�""0�"1pV�""'� FORT WORTH,TEXAS WER DATE:4/1/2019 AVO: 34292 EXHIBIT B Certificate of Insurance ROW Encroachment Agreement-Commercial Page 13 of 14 Revised 12/2018 EXHIBIT C Metes and Bounds Legal Description of the Property ROW Encroachment Agreement-Commercial Page 14 of 14 Revised 12/2018 Exhibit C Mark IV Commerce Park Metes and Bounds Control Point From Control Point to Encroachment Control Encroachment Point Point Point Description Northing& Easting Bearing Distance (ft) 1" Bolt Property N: 6989839.92 EP1 CP1 Corner E: 2329714.08 S72041'39"E 83.14 1/2" FIR w/"Brittain & N:6989833.95 EP2 CP2 Crawford"Cap E: 2329219.37 S51038'23"W 50.61 1/2" FIR w/"Brittain & N:6989833.95 EP3 CP2 Crawford"Cap E: 2329219.37 S64001'21"W 81.54 1/2" FIR w/"Brittain & N: 6989833.95 EP4 CP2 Crawford" Cap E: 2329219.37 S30004'00"W 144.49 N: 6989294.63 EP5 CP3 1/2" SIR w/Halff Cap E: 2329413.54 N43030'58"W 385.25 N:6989294.63 EP6 CP3 1/2"SIR w/Halff Cap E: 2329413.54 N70003'51"W 280.12 N: 6989294.63 EP7 CP3 1/2" SIR w/Halff Cap E: 2329413.54 N78009'29"W 268.64 N: 6989022.00 EP8 CP4 1/2" FIR E: 2330780.83 S27054'12"W 226.75 1" Bolt Property N: 6989839.92 EP9 CP1 Corner E:2329714.08 S47059'41"E 37.73 1/2" FIR w/"Brittain & N: 6989833.95 EP10 CP2 Crawford"Cap E: 2329219.37 S52006'36"W 64.62 1/2" FIR w/"Brittain & N:6989833.95 EP11 CP2 Crawford" Cap E: 2329219.37 S21002'33"E 41.21 N: 6989267.84 EP12 CP5 1/2" FIR w/Halff Cap E: 2330318.48 S38025'33"W 490.4 1/2" FIR w/"Brittain & N: 6989833.95 EP13 CP2 Crawford" Cap E: 2329219.37 S17003'42"E 50.8 1/2" FIR w/"Brittain & N:6989833.95 EP14 CP2 Crawford" Cap E: 2329219.37 S22018'29"E 52.43