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HomeMy WebLinkAboutContract 52839 C'TY SFCR'ETARY CC ,-.\A"TN0. 5a$3�1 wap0y EASEMENT ENCROACHMENT LICENSE AGREEMENT 5� �o�Q� Commercial 5 v 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 SEC CTR & McP, LP, a Texas Limited Partnership ("Licensee"), owner of the real property located at 5505-5649 Sierra Springs Lane, Fort Worth, Texas 76036("Property"), acting by and through its duly authorized manager, Brian G. Murphy. 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 (n) emergency and public access 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 Installation of 12'x3' Monument Sign in curbed median in Dedicated Emergency and Public Access 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. E Easement Encroachment Agreement-Commercial OFFI%e 1Ro ORD C1VViSGCNTARY FT. WORTH,TX 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 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 Encroachment Agreement-Commercial Page 2 of 12 Revised 12/2018 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 term of this Agreement shall be for thirty five (35) 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. 9. Easement Encroachment Agreement-Commercial Page 3 of 12 Revised 12/2018 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 S1,000,000 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 restoration of the Easement. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. Easement Encroachment Agreement-Commercial Page 4 of 12 Revised 12/2018 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- 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-Commercial Page 5 of 12 Revised 12/2018 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. 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. [SIGNATURES APPEAR ON FOLLOWING PAGE] Easement Encroachment Agreement-Commercial Page 6 of 12 Revised 12/2018 City: Licensee: CITY OF FORT 4od, irector H SEC CTR & MCP GP, LLC By: By: R ndle Ha Brian G. Murphy Planning & Dev lopme Maria er Date: Date: C t4IZOI'� ^TTUC 1: Approved As To Form and Legality C1 1 1 L.J 1 FOR 'l ey Qualls City Secretary `.`� �T r "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 and reporting r quirements. Janie S. Morales Development Manager OFFICIAL RECORD CITY SECRETARY FT WORTH,TX Easement Encroachment Agreement-Commercial Revised 12/2018 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 thisJ5day of 20f1j. Notary Publi i and for State of Texas ,t�!�� _ ��11opVPvII�� JENNIFER LOUISE EZERNACK ?�i° �� Notary Public,State of Texas Comm.Expires 03-Ot-2040 °,; �` Notary ID 13056f830 After recording return to: Planning & Development Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 OFFICIAL. DECOKE� CITY SECRETARY' Easement Encroachment Agreement-Commercial FT WPQ j I y*X STATE OF TEXAS § COUNTY OF TAIMM § 1 p-.,4 BEFORE ME, the undersigned authority., a Notary Public in and for the State of � p on this day personally appeared�fi* , `� (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 SEC-C-T%t 5MCP)L9 ;AtA Qa�4v.e,�sk�p . the act and deed of a L:Vv (entity type), and m the capacity therein stated. kI MM GIVEN UNDER MY HAND AND SEAL OF OFFICE this z,— day of , 20 1 v . 64A�"' Notary Public in and for the LESLIE WHITE a Notary Public, State of Texas State of � 'P= Comm. Expires 08-29-2020 Notary ID 4176082 OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX Easement Encroachment Agreement-Commercial Par!9 OF 12 Revised 12/2018 EXHIBIT A Map of Easement and Encroachment Easement Encroachment Agreement-Commercial Page 10 of 12 Revised 12/201 S EXHIBIT A 0 200' MCPHERSON BOULEVARD SCALE FEET (130' WIDTH RIGHT—OF—WAI) 1 200' S89'59'33"E C.C.D. NO. 021131105111117, P.R.T.C.T. S89-59.33"E 108.00' N45'16'29"W S4443'31'W N4511 '29"W S44'43'31 W } 28.42 28.14 28.42' Q 28.14' Q ENCROACHMENT O u.I pg. LOCATION 3 DC io cc 3F LOT 3 LOT 4 O LL SEE PREVIOUS PAGE N o M LOT e Q 6� > M LOT 5 LOT 6 LOT 7 M Ui W O N 0 J if L Q LO ON inZ 0 �F 3 ,� S17*10'44'W c N J CIA LOT 12 N09'46'40 W 72.22' in J 0 74.89' QZ LOT 10 LOT 11 p LOT 13 3 LOT 14 O O to' Ic H Z Z Do LLJ N 00, M N in M 04 (V E U N89'26'34'E S00'33`26"E ~ w z N N 259.84 16 29.05' P� N8926'34'E N8926'34"E 506.00' W CAD 229.00' ih C� SEC CTR & McP, L.P. LOT 1, BLM 3 0 00 C.C.D. NO. D218272728 CHISHOLM TRAL RANCH N En D.R.T.C.T. ��. PO�T.C.T. 4t2o LOT 2 0 w PARENT TRACT N89.26'34"E y o LOT 1 27.71' 8 o PARENT TRACT 13.646 ACRES Z POINTBEGIN OF 594,425 SQUARE FEET Qo N FOUND 5/8- IRON ROD ch WITH CAP STAMPED 'DUNAWAY ASSOC. LP' S89.29'50'W 1143.51' _ SLF IV—CHISHOLM TRAIL. LP (FORMERLY CALLED SLF IV/LEGACY CAPITAL. LP.) (NAME CHANGED IN C C.D. NO. D215126386) C.C.D. NO. D210314509 AND C.C.D. NO. 0214151266. D.R.T.C.T. i The basis of bearings for this survey is the Texas State _ LEGEND: w Coordinate System,North Central Zone 4202,based =Right-of-Way Line upon GPS measurements. Distances and areas hereon =Lot Line are surface values.A combined scale factor of =Subject Property Line 0.999880014 was used for this project. P.R.T.C.T.=Plat Records,Tarrant County,Texas a D.R.T.C.T.=Deed Records,Tarrant County,Texas R B001849.001 Page 1 of 1 94 PUBLIC ACCESS EASEMENT IL A metes and bounds description of even date accompanies this plat. �F, OF lF ENCROACHMENT �It%0 STfR,9 BY 12 x 3 PYLON SIGN SEPTEMBER 12,2019 c.,e'k Fa,e�1+ 36 SQUARE FEET STEPHEN R. GLOSUP OF LOT 1, BLOCK 3 ' DUNAWAY 5570 CHISHOLM TRAIL RANCH H 0,0, C.C.D.NO. D219014120, P.R.T.C.T. d 550 Bailey Avenue•Suite 400•Fort worth.Texas 76107 v�,� CITY OF FORT WORTH m Tel:817.335.1121 S U R o FIRM REGISTRATION 10098100 2,/j TARRANT COUNTY,TEXAS G f► O a J- ��l J •;� q �3 I� Cr� 3did �9�?,,_•'fi�a aCC V_ LL2" o g a�r C 77- a 3 a zo � V 3 W_ C � W :. W W C F H m H oz 2 6 ti p W aa°—� uaa g�z LLm x I OZ Qm�,D o z< z "' " c =`� Sim ;RW om z x o u9 uo c zo Wz �w uqi a m Gu: a? a Q w? OJS dm m6� az = = 05 oy;w gof ID o zx f Nrn mm ac � �=o xLL a O r zzd LLsd aQWa w I. mi� �t� _ ut z ~ waj �z w�za o< .09; 3 25 o yam. O y� C F Q s i r I = I C7 Z � I I I o LL. a �}� C o 3 W_ LLL W W H N NORTH TEXAS TOLLWAYAUiHOR1TY -- �¢ STATE FIG HWAI'121 ROW./CHISHOLM TRAIL PARKWAY _Y _— n... ._fE ... _ I I —1i _ _�� - �•I __ __e I II I � I g I ( g ItE5 IIII I � o I�I � _o IF 1911� i Fm moor AHI F e — mg 4 IE 141 It � I .•.n'r � ' "T°" �s�F9° I I.�. ed YI I ID i4, v 0HU1111111A. yyttpp pEp No A +s_ ! zR 'All �d I I g�F I li {e)i.Ea- Alp _ —1' '.f.-l) •7�� III Ee I I f P I - ------ I i =5•�c Ala• ^� I FF °a9"f I I a I e o ��5 s�o��� �z$6E � A VI 'I`°�`'• ��C I II I I II 111 pop I ICI �.,• � -- 5 I A R 1 if 11 7Tv ely ----- R I I I - ° -�G�— '�� •nY 8Y' 1p p�LA; SUMMER CREEK DRIVE RggIRc • R has a4,�a °�a@�a OR E i'e�4 ad"R;;RaEtps�� e��Qs @ae9 - Al IERs��pveRpp glad@ 11 @ �•@aa�i@ . � a 41 aiF�g w` _ OVERALL SITE PLANWNAWAY >�IiR CHISHOLM TRAIL RANCH �,Y�, -PHERSON BLVD,&SUMMER CREEK DR. Te1�812�`LI31 �u_e�. cn�s.o�.ire.. V FORT N ORTH,TX IM FEG.PI I1., 8 EXHIBIT B Certificate of Insurance Easement Encroachment Agreement-Commercial Page I I of 12 Revised 12/2018 EXHIBIT C Metes and Bounds Legal Description of the Property Easement Encroachment Agreement-Commercial Page 12 of 12 Revised 12/201 S EXHIBIT C PROPERTY DESCRIPTIONS PUBLIC ACCESS EASEMENT ENCROACHMENT BY 12'x 3'PYLON SIGN BEING an encroachment by a 12 foot by 3 foot pylon sign situated in the Juan Albirado Survey,Abstract No.4,City of Fort Worth,Tarrant County,Texas, being part of Lot 1,Block 3,Chisholm Trail Ranch,an addition to the City of Fort Worth, according to the plat recorded in County Clerk's Document No. D219014120,Plat Records,Tarrant County,Texas,and being a part of that certain tract of land as described by deed to SEC CTR&McP,L.P.,recorded in County Clerk's Document No. D218272728, Deed Records,Tarrant County,Texas(D.R.T.C.T.),said encroachment being more particularly described by metes and bounds as follows: COMMENCING at a point in the south right-of-way line of McPherson Boulevard(a 130'width public right-of-way),the most northerly northeast corner of Lot 7,Block 3,of said Chisholm Trail Ranch,a north corner of said Lot 1,the north end of a corner clip and the west line of Red Dirt Road(a variable width Public Access Easement),as shown on plat for said Chisholm Trail Ranch South 45 degrees 16 minutes 29 seconds East,departing the south right-of-way line of said McPherson Boulevard,with said corner clip, with a west line of said Lot 1,and with west line of said Red Dirt Road,a distance of 28.42 feet to a point; Iq South 65 degrees 38 minutes 04 seconds East,departing the west line of said Lot 1,the west line of said Red Dirt Road, crossing into said Lot 1,and into said Public Access Easement,a distance of 35.84 feet to a point and being the POINT OF BEGINNING of herein described tract; THENCE North 89 degrees 26 minutes 34 seconds East,continuing across said Lot 1,and said Public Access Easement,a m distance of 3.00 feet to a point; 8 THENCE South 00 degrees 33 minutes 26 seconds East,continuing across said Lot 1 and said Public Access Easement,a distance of 12.00 feet to a point; THENCE South 89 degrees 26 minutes 34 seconds West,continuing across said Lot 1 and said Public Access Easement,a distance of 3.00 feet to a point for corner; o THENCE North 00 degrees 33 minutes 26 seconds West,continuing across said Lot 1 and said Public Access Easement,a zdistance of 12.00 feet to the POINT OF BEGINNING and containing a calculated area of 36 square feet of encroachment area. N 8 PARENT TRACT BEING a tract of land situated in the Juan Albirado Survey,Abstract No.4,City of Fort Worth,Tarrant County,Texas,being all 8 of Lot 1, Block 3, Chisholm Trail Ranch,an addition to the City of Fort Worth,according to the plat recorded in County Clerk's Document No.D219014120,Plat Records,Tarrant County,Texas,and being a part of that certain tract of land as described by 0deed to SEC CTR&McP,L.P.,recorded in County Clerk's Document No. D218272728,Deed Records,Tarrant County,Texas, said tract of land being more particularly described by metes and bounds as follows: BEGINNING at a found 5/8-inch iron rod with cap stamped "DUNAWAY ASSOC.LP" for the southwest corner of Lot 2,Block 3 of said Chisholm Trail Ranch,and in the east right-of-way line of Chisholm Trail Parkway(a variable width right-of-way), recorded in County Clerk's Document No.D212119258, Deed Records,Tarrant County,Texas; THENCE North 04 degrees 10 minutes 46 seconds East,with the east right-of-way line of said Chisholm Trail Parkway,a n distance of 508.24 feet to a point; Q a Continued... e001849.001 Page 1 of 3 _ PUBLIC ACCESS EASEMENT A plat of even date accompanies this 0 F metes and bounds description. ��..•....TF ENCROACHMENT e y 0 G`* ,— BY 12' x 3' PYLON SIGN SEPTEMBER 12,2019 36 SQUARE FEET L STEPHEN R. GLOSUP of g ��� r�,� LOT 1, BLOCK 3 -15 f%0 5570 ��• � CHISHOLM TRAIL RANCH o 'ESS�o•.�o C.C.D. NO. D219014120, P.R.T.C.T. h 550 Bailey Avenue•Suite 400•Fort Worth,Texas 76107 CITY OF FORT WORTH m Tel:817.335.1 121 o FIRM REGISTRATION I0098100 Y�2�9 TARRANT COUNTY,TEXAS t= O a EXHIBIT C Continued... THENCE departing the east right-of-way line of said Chisholm Trail Parkway and crossing into said SEC CTR&McP,L.P.tract the following courses and distances; North 89 degrees 26 minutes 34 seconds East,a distance of 259.84 feet to a point; South 00 degrees 33 minutes 26 seconds East,a distance of 29.05 feet to a point; North 89 degrees 26 minutes 34 seconds East,a distance of 229.00 feet to a point; North 00 degrees 33 minutes 26 seconds West,a distance of 544.10 feet to a point; THENCE North 45 degrees 16 minutes 29 seconds West,continuing across said SEC CTR&McP,L.P.tract,a distance of 28.42 feet to a point in the south right-of-way line of McPherson Boulevard(a 130'width public right-of-way),recorded in County Clerk's Document No.D213105897,Plat Records,Tarrant County,Texas; THENCE South 89 degrees 59 minutes 33 seconds East,with the south right-of-way line of said McPherson Boulevard,a distance of 85.00 feet to a point; o THENCE departing the south right-of-way line of said McPherson Boulevard and crossing into said SEC CTR&McP,L.P.tract the following courses and distances; South 44 degrees 43 minutes 31 seconds West,a distance of 28.14 feet to a point; South 00 degrees 33 minutes 26 seconds East,a distance of 543.66 feet to a point; North 89 degrees 26 minutes 34 seconds East,a distance of 506.00 feet to a point; allorth 00 degrees 33 minutes 26 seconds West,a distance of 229.85 feet to a point; North 09 degrees 46 minutes 40 seconds West,a distance of 74.89 feet to a point; a North 00 degrees 33 minutes 26 seconds West,a distance of 235.01 feet to a point; 8 THENCE North 45 degrees 16 minutes 29 seconds West,continuing across said SEC CTR&McP, L.P.tract,a distance of 28.42 feet to a point in the south right-of-way line of said McPherson Boulevard; THENCE South 89 degrees 59 minutes 33 seconds East,with the south right-of-way line of said McPherson Boulevard,a adistance of 108.00 feet to a point; zTHENCE departing the south right-of-way line of said McPherson Boulevard and crossing into said SEC CTR&McP,L.P.tract the following courses and distances; 8 South 44 degrees 43 minutes 31 seconds West,a distance of 28.14 feet to a point; 01 South 00 degrees 33 minutes 26 seconds East,a distance of 235.01 feet to a point; South 17 degrees 10 minutes 44 seconds West,a distance of 72.22 feet to a point; g South 00 degrees 33 minutes 26 seconds East,a distance of 427.32 feet to a point; North 89 degrees 26 minutes 34 seconds East,a distance of 27.71 feet to a point; ° THENCE South 00 degrees 33 minutes 26 seconds East,continuing across said SEC CTR&McP,L.P.tract,a distance of 285.54 feet to a point in the south line of said SEC CTR&McP,L.P.tract; 0 THENCE South 89 degrees 29 minutes 50 seconds West,with the south line of said SEC CTR&McP,L.P.tract,a distance of 1,143.51 feet to the POINT OF BEGINNING and containing a calculated area of 594,425 square feet or 13.646 acres of land. w a The basis of bearings for this survey is the Texas State Coordinate System,North Central Zone 4202,based upon GPS measurements.Distances and areas hereon are surface values.A combined scale factor of 0.999880014 was used for this project. a R B001849.001 Page 2 of 3 PUBLIC ACCESS EASEMENT Q. A plat of even date accompanies this 0 F t ENCROACHMENT metes and bounds description. Alt* S 7 f :,9 BY 12 x 3 PYLON SIGN SEPTEMBER 12,2019 C,; 36 SQUARE FEET o STEPHEN R. GLOSUP OF 0. LOT 1 BLOCK 3 �ruN,�.�'1�1 AY �_* 5 t �P�� CHISHOLM TRAIL RANCH '�o� ::�o���o C.C.D. NO. D219014120, P.R.T.C.T N 550 Bailey Avenue •Suite 400• Fort Worth,Texas 76107 S U R V CITY OF FORT WORTH m Tel:817.335.1121 o FIRM REGISTRATION 10098100 9 TARRANT COUNTY,TEXAS K O a MCPHERSON BOULEVARD EXHIBIT C LW. (130' NADTH RIGHT—OF—WAY) SCALE FEET C.C.D. NO. D213105897 POINT OF 1'a 50, P.R.T.C.T. BEGINNING POINT OF 12' x 3' PYLON SIGN COMMENCING AREA C 12' x 3' PYLON S89'59'33"E 108.00' + 310' j� SIGN A�,A � � _ N45'16 W N4443'31"E m 28.r8.42' Ll 28.14' N65'38'04"W 1 35.84' J J C m L3 Line Table PUBLIC _n Line ENCROACHMENT ��$s "�T` o y Bearing Distance BY 12'x3' �'" Number PYLON SIGN ,ON ;A3! d 1 L1 N8926'34"E 3.00, 0 36 SQUARE FEET o L2 S00'33'26"E 12.00' N N A LOT 1 L3 S89'26'34"W 3.00' w BLOCK 3 w CHISHOLM TRAIL 8 L4 NOD'33'26"W 12.00' 4 RANCH N M C.C.D. NO. M M D219014120 in b P.R.T.C.T. O � O O oLOT 7 N SEC CTR & McP, L.P. N LOT 8 6 C.C.D. NC. D218272728 BLOCK 3BLOCK 3 1 2 CHISHOLM TRAIL RANCH D.R.T.C.T. CHISHOLM TRAIL RANCH 1 C.C.D. NO. D219014120 C.C.Q. N0. D219014120 P.R.T.C.T. Q U O P.R.T.C.T. 04 gi Q MZqt 0 a``'O OQC3U w ►- Q I�V)Zd 1 M U Q QVCi W a a c3 The basis of bearings for this survey is the Texas State LEGEND: Coordinate System,North Central Zone 4202,based _ _ =Right-of-way Une upon GPS measurements.Distances and areas hereon =Lot Line are surface values.A combined scale factor of =Encroachment Area 0.999880014 was used for this project. P.R.T.C.T.=Plat Records,Tarrant County,Texas < D.R.T.C.T.=Deed Records,Tarrant County,Texas U _R B001849.001 Page 3 of 3 t E PUBLIC ACCESS EASEMENT ro A metes and bounds description of even 0 F T ENCROACHMENT ^ date accompanies this plat. %G; fR'++y BY 12' X 3' PYLON SIGN SEPTEMBER 12,2019 `'�;��' ��;`r 36 SQUARE FEET o STEPHEN R. GLOSUP OF CL LOT 1, BLOCK 3 0 �UNAway 9 N�0 5570 �s'o CHISHOLM TRAIL RANCH m 'y0! ***t C.C.D. NO. D219014120, P.R.T.C.T. y 550 Bailey Avenue•Suite 400•Fort worth,Texas 76107 S U iR4 CITY OF FORT WORTH Tel:817.335.1121 o O/FIRM REGISTRATION IM98100 4f r'�/g TARRANT COUNTY,TEXAS G !/ O a