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HomeMy WebLinkAboutContract 52776 CITY SECRETARY CONTRACTNO. 52-12b 5EQ\'5 2d�o�1 EASEMENT ENCROACHMENT LICENSE AGREEMENT G`c s�c� 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 l Thirtyone Motorcars, LLC, a limited liability company ("Licensee"), owner of the real property located at 2951 Alemeda Street, Fort Worth, Texas 76108 ("Property"), acting by and through its duly authorized owner. 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 utility and 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 installing a fireline and domestic waterline (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within the Easement. Licensee shalt 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) at ae OFFICIAL RECORD CITY SECRETARY Easement Encroachment Agreement - Commercial FT WORTH"IX Revised 12/2f)18 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 fiiture 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- 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 Easement Encroachment Agreement-Commercial Page 2 of 12 Revised 12/201 R 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 tails 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. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS Easement Encroachment Agreement-Commercial Page 3 of 12 Revised 12/2018 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 $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 ail 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 respondent 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: 41ensee: CITY OF F WO H 1 'rtyon otorc rs, LLC By: By: Randle Harwood, Director Name: lion Whisenhunt Planning & Dev lopme t Title: Owner Date: Z Date.: LDS -0(0 - 20��v ATTEST: Approved As To Form and Legality City Secret y �j+' `f-:I,ey Qualls a - f - - Atsistant City Attorney Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of contr t, incl g ensuri 1g all performance d rep g requirements. Janie S. Morales Development Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Easement Encroachment Agreement-Commercial Page 7 of 12 Revised l2/201 R 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�. JENNIFER LOUISE EZERNACK qNo I Public >n and for th State of Texas Notary Public,State of Texas Q� Comm.Expires 03-01-2020 /i ,•l1F ,��� . „. Notary ID 130561630 After recording return to: Planning & Development Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 OFFICIAL RECORD MY SECRETARY T, WORTH,TX Easement Encroachment Agreement-Commercial Page 8 of 12 Revised 12/2018 STATE OF -T-E6-- § COUNTY OF-T 4WckN+ § �P�>oclvle— BEFORE ME, the undersigned authority, a Notary Public in and for the State of �45�kir on this day personally appeared Aaron Whisenhunt, Owner 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 1 Thirtyone Motorcars LLC, a limited liability company, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ID iP day of 2019 Notary Publio State of Washington � Chloe M Beatty Notary Public in and for the Commission No.205120 State of Commission Expires 01-02-2023 -�-p OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX Easement Encroachment Agreement-Commercial Page 9 of 12 Revised 12/2018 EXHIBIT A Map of Easement and Encroachment Easement Encroachment Agreement-Commercial Page 10 of 12 Revised 12/2018 Exhibit A � I OLD WEATHERFORD O r� - L ` � P � SITE N D i z o y.{pM1YA tSj�aR P 2 771 SANTA CLARA r� 4P Q � r ? SANTA 9 ONiCA Q' RICHLAND SANTA PAULA \ rn PALO PINTO o ' 0 M WOOD 1 �- 1 VICINITY MAP BRITTAIN & CRAWFORD ENCROACHMENT LAND SURVEYING de AGREEMENT EXHIBIT TOPOGRAPHIC MAPPING i TEL (917) 926-0211 LOCATED IN FAX (817) 926-9347 t==P.O. BOX 17374 • 3908 SOUTH FREEWAY LOT 1 BLOCK 4 FORT WORTH, TEXAS 76110 WESTERN CROSSROADS ADDITION EMAIL: odminObrittoln—crawford.eom lyc_fTE: ww .Mitt in—crowtard_Som CITY OF FORT WORTH I FIRM CERTIFICATIONN 1019000 TARRANT COUNTY, TEXAS NOT TO SCALE (J.U.) ...Projects\WESTERN CROSSROADS\Weetem Crossroads—Waterline Encroochment.dwg Exhibit A Curve Radius Length Delta Chord Chord Bear. C1 738.55' 87.11 ' 6'45'29" 87.06' N 25°36'38" W \ C2 738.55' 45.67' 3°32'34" 45.66' N 30°45'39" W \ f I Course Bearing Distance \ T ' ( L1 N 00°18'00" W 20.12' \ L2 N 00'18'00" W 22.79' ( I L3 N 60'50'06" E 76.39' \ I ( 1— L4 N 89`25'16' E 21.661 Ld ( L5 5 00-34'44" E 15.00' HA ys m L6 S 89'25'16" W 7.47' FIRS OF TONSLJRVEy I (N ( �� I L7 s 60 so'os" w 92.sa' 6 w00 COVING CT No \ co ABSrRA IPO IN ( ' J O ( � PROPOSED 25' SEANITARY ASEMENT EWER I -�--{ 00 o I ; BUILDING O. D219076124 N 1 I I O.P.R.T.C.T, \ I 1 `ENCROACHMENT AREA , 0.044 ACRE (1,906 SQ. FT.) tK o `SANITARY SEWER s, ss —h--- ss MANHOLE I ( I �p PCB � o0 \ , 1/2- IRON . * 1 1 . ROD FOUND t A y� I r ( / 11�20' STORM DRAIN EASEMENT D219076124 / O.P.R.T.C.T. / POINT OFI� BEGINNING CHRIS L.BLEVIWg ...�......................».,.».. / °s-0 5792 �.,,: 1 1/2- ON ;Oi2rSS�0?:Q, ROD FOUND `�9ti0 SURV��� r BRITTAIN & CRAWFORD ENCROACHMENT 1 17 I AND SURVEYING & AGREEMENT EXHIBIT TOPOGRAPHIC MAPPING Q TEL (817) 926-0211 LOCATED IN FAX (817) 926-9347 P.O. BOX 11374 • 3908 SOUTH FREEWAY LOT 1, BLOCK 4 �,l..Jn FORT WORTH, TEXAS 76110 WESTERN CROSSROADS ADDITION ` I`' EMAIL adminObrittoin—crawford.com W 84T' wgwbriitain-crawlnrd.rnm CITY OF FORT WORTHI FIRM CERTIFICATION# 1019000 TARRANT COUNTY, TEXAS SCALE I"=60' (J.U.) ...Projects\WESTERN CROSSROADS\Weetem Croaeroode—Waterline Encroachment.dwg EXHIBIT B Certificate of Insurance Easement Encroachment Agreement -Commercial Page I 1 of 12 Revised 12/2018 Exhibit B ACCO CERTIFICATE OF LIABILITY INSURANCE 78/14/2019 (MM/DDIYYYY) 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 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: Certificates Administrator Box Insurance Agency PHONE g17-865-1806 a/c No:817 424-1404 1200 S. Main St., Ste 1600 E-MAINo,LExtla Grapevine TX 76051 ADDRESS: certificates@boxinsurance.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Texas Mutual Insurance Company 22945 INSURED FORT-02 INSURER B:Travelers Pro pert Casualty of Fort Construction, L.P. 224 E Vickery Blvd INSURER C:The Cincinnati Insurance Co. 10677 Fort Worth TX 76104 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1521742646 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 SUBR POLICY EFF POLICY EXP LIMITS LTR /Y POLICY NUMBER MM/DDYYY IY MM/DDYW C GENERAL LIABILITY Y Y EPP0543128 7/1/2019 7/1/2020 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $500,000 CLAIMS-MADE �OCCUR MED EXP(Any one person) S 10,000 PERSONAL&ADV INJURY S 1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG 1 $2,000,000 POLICY X PRO- LOC is C AUTOMOBILE LIABILITY Y Y EBA0543128 7/1/2019 7/1/2020 COMBINED SINGLE LIMIT Ea accident $1,000,C00 IX ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS AUTOS X X NON-OWNED PROPERTY DAMAGE S HIRED AUTOS AUTOS Per accident S C X UMBRELLA LIAB X JOCCUR Y Y EPP0543128 7/1/2019 7/1/2020 EACH OCCURRENCE S 5,000,000 EXCESS LAB CLAIMS-MADE AGGREGATE $5,000,000 DEC) RETENTION$ FOLLOW FORM $FOLLOW FORM A WORKERS COMPENSATION Y TSF0001271176 7/1l2019 7/1/2020 X WC STATU- OTH- AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE❑ N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYE S 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I S 1,000,000 B Excess Liability ZUP51NO140419NF 7/1/2019 7/1/2020 Limit S5,000,000 Excess over Primary S5 Mill Umbrella DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Pollution-Western World Insurance Company-Policy No.EVP1002955-00-8/7/2019-7/1/2020$1,000,000 Each Pollution Condition/$2,000,000 Aggregate/$25,000 Deductible Planning&Development—CFA Office 1 Thirtyone Motorcars,LLC 7600 Cantera Drive Fort Worth,TX 76108 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fort Worth, Planning &Development—CFA Office ACCORDANCE WITH THE POLICY PROVISIONS. Permit#PN19-00060 200 Texas Street AUTHORIZED REPRESENTATIVE Fort Worth TX 76102 St ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD EXHIBIT C Metes and Bounds Legal Description of the Property Easement Encroachment Agreement-Commercial Page 12 of 12 Revised 12/201 8 Exhibit C LEGAL DESCRIPTION BEING 0.044 acre of land situated in the HEIRS OF HAYES COVINGTON SURVEY, Abstract No. 256, Fort Worth, Tarrant County, Texas, and being a portion of Lot 1, Block 4, Western Crossroads Addition, to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in County Clerk's file number D219076124, of the Official Public Records of Tarrant County, Texas, also being a portion of the tract of land conveyed to 1 thirtyone Motorcars, LLC., by the deed recorded in County Clerk's file number D218200603, of the Official Public Records of Tarrant County, Texas. Said 0.044 acres of land being more particularly described by metes and bounds as follows: COMENCING at a W iron rod found at the South corner of said Lot 1, Block 4, and the West corner of Lot 1, Block 5, Western Crossroads Addition, to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in County Clerk's file number D202094789, of the Official Public Records of Tarrant County, Texas, and said point lying in the Northeast right-of-way line of Alemeda Street (an 80 foot wide public right-of-way); THENCE NORTHWESTERLY 87.11 feet, along a curve to the left, having a radius of 738.55 feet, a central angle of 060 45' 29", and a chord bearing N 250 36' 38"W 87.06 feet, to a point lying in the West line of a 25-foot-wide Sanitary Sewer Easement recorded in County Clerk's file number D219076124, of the Official Public Records of Tarrant County, Texas; THENCE N 000 18' 00"W 20.12 feet, along the West line of said 25-foot-wide Sanitary Sewer Easement to the POINT OF BEGINNING; THENCE N 000 18' 00"W 22.79 feet, continuing along the West line of said 25-foot- wide Sanitary Sewer Easement to a point; THENCE severing said 25-foot-wide sanitary sewer easement, and an 80-foot-wide Utility Easement recorded in Volume 388-180, Page 99, of the Official Public Records of Tarrant County, Texas, as follows: 1. N 600 50' 06" E 76.39 feet, to a point; 2. N 890 25' 16" E 21.66 feet, to a point lying in the East line of the aforesaid 80-foot- wide Utility Easement; THENCE S 000 34' 44" E 15.00 feet, along the East line of said 80-foot-wide Utility Easement to a point; THENCE again severing said 80-foot-wide Utility Easement and said 25-foot-wide sanitary sewer easement, as follows: 1. S 890 25' 16"W 7.47 feet, to a point; 1. S 600 50' 06"W 92.68 feet, to the POINT OF BEGINNING containing 0.044 acre 1,906 square feet) of land. CMS L SUMNS .s................... ....�..... •0 5792 v f q9� SS%ot Q. GA20191EGALSMestem Crossroads-encroachment agreement.doc