HomeMy WebLinkAboutContract 53029 234 561
CITY SECRETARY
CONTRACT NO., , oZ�
F<E 2p19 n
EASEMENT ENCROACHMENT LICENSE AGREEMENT
oFFot��wo� Commercial
9 i Z 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 Highland Terrace Condo Association, a
nonprofit corporation ("Licensee"), owner of the real property located at 4541
Heritage Trace Parkway, Fort Worth, Texas 76244 ("Property"), acting by and
through its duly authorized 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 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 private storm
drainage and private monument signage within a public sanitary sewer 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.
®FFOCIt�L RE�'OR�
COTS'SECRETXII
Easement Encroachment Agreement-Commercial �
Revised l2 2018`
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-
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 12/2018
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.
9.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS
Easement Encroachment Agreement-Commercial Page 3 of 12
Revised 12/2018
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 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 WOR HIGHLAND TERRACE CONDO
ASSOCIATION
By: By:
Randle Ha rw od, Director Name: Craig Wilkinson
Planni & evelopment Title: President
Date: Date:
ATTEST: Approved As To Form and Legality
ity Secr ary �" `--� Trey Qualls
.' + ssistant City Attorney
1.
00 9 .
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
M
ICAL RERl-IX
SECREKARy WORTH T Easement Encroachment Agreement-Commercial Page 7 of 12
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.
AlGIVEN UNDER MY HAND AND SEAL OF OFFICE this 5 day of
l 20 /� .
ii /,?al,
N ary Publ' in and o e State of Texas
After recording return to: """'U JENNIFER LOUISE EZERNACK
Planning & Development ::, 6S Notary Public,state of Texas
Development Coordination Office " +P Comm.Expires 03 01-2020
'�ni�a`��
200 Texas Street Notary ID 130561630
Fort Worth, Texas 76102
OFFICIAL. RECORD
CITY SECRETARY
FT. WORTH,TX
Easement Encroachment Agreement-Commercial Page 8 of 12
Revised 12/2018
STATE OF TEXAS §
COUNTY OF TAR-RANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Craig Wilkinson, President 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 Highland Terrace Condo Association, a nonprofit corporation,
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
Octob 019.
uc�
Notary Public in and for the
State of Texas DM ELMOUNA
_• :•: My Notrluy ID 12W75708
M EVres 4d 13,2023
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Easement Encroachment Agreement-Commercial
Revised 12/2018
EXHIBIT A
Map of Easement and Encroachment
Easement Encroachment Agreement-Commercial Page 10 of 12
Revised 12/2018
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Exhibit A
SIGN ENCROACHMENT EASEMENT ENCROACHMENT
7 SF 7 SQUARE FEET OR 0.0002 ACRES
00.00002 AC LOT 3, BLOCK 165, HERITAGE ADDITION,AND NORTH
S87037'07"E / BEACH STREET,
2.05' WILLIAM BOSTICK SURVEY ABSTRACT NO.210
POB / CITY OF FORT WORTH,TARRANT COUNTY,TEXAS
/ N
N01053'42"E
4.21' <1
S59033'03"W SO1046'45"W
2.89'
2.43' w E
INSERT A SCALE 1"=10'
S
f 01 60' 120'
Lot 3, Block 165
�16Q0010 Heritage Addition, and North
�� �® Beach Street tiy1 1 60�
® SO CC#D215035467
�p� � OPRTCT CCU oQ/
Lot 2, Block 165
Heritage Addition
SEE CC#D214080316
INSERT A OPRTCT
Found 5/8"Capped Iron l21
Rod marked"JACOBS" Z t
Found 5/8"Capped Iron
Rod marked TELOTON"
bears N 42'59'31"E 0.19'
Line Table POC
Line# Direction Length
L3 N66°32'16"W 68.65
L2 S80°28'19"W 89.23 Heritage Trace Parkway
(Variable Width Right-of-Way)
CC# D203220170
OPRTCT
NOTES
LEGEND
1. Basis of bearing being the Texas
Coordinate System,NAD83,North CC#............County Clerk's File No.
Central Zone-4202,as established using OPRTCT.....Official Public Records,Tarrant County,Texas
GPS Technology in conjunction with the POB...........Point of Beginning
ALLTERRA RTKNET Cooperative Network. POC...........Point of Commencing
SSE............Sanitary Sewer Easement
2. All distances shown are at ground.
FZ6*6
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BAIRD, HAMPTON&BROWN ROBERT P.ALLEN
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engineering and survey—ing -,off 6495
obert P.Allen July 22,2019 D Q-
3801 William D.Tate,Suite 500 Grapevine,TX 76051 Registered Professional Land Surveyor No.6495 00,4
:::� l0
rallen@bhbinc.00m-817.251.8550°bhbinc.com S U R V
TBPE Firm#44°TBPLS FIRM#10011302
PROJECT NO.2019.704.000
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 12/2018
Exhibit C
EASEMENT ENCROACHMENT
6 SQUARE FEET OR 0.0001 ACRES
LOT 3, BLOCK 16S, HERITAGE ADDITION, AND NORTH BEACH STREET,
WILLIAM BOSTICK SURVEY ABSTRACT NO. 210
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
BEING a tract of land situated in the William Bostick Survey,Abstract No. 210, City of Fort Worth,Tarrant County,
Texas, being part of Lot 3, Block 165, Heritage Addition, and North Beach Street, an addition to the City of Fort
Worth,Tarrant County, Texas, as shown on plat thereof and recorded in County Clerk's File No. (CC#) D215035467,
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 ALLTERRA RTKNET Cooperative Network.Vertical Datum established
using GPS Technology and all elevation shown are NAVD88.The Point of Beginning has a convergence angle of
00.39'40.28" and a combine scale factor of 0.9984621)
COMMENCING at a the southeast corner of said Lot 3 and being common with the southwest corner of Lot 2, Block
165, Heritage Addition, an addition to the City of Fort Worth,Tarrant County,Texas, as shown on plat thereof and
recorded in (CC#) D214080316, (OPRTCT), also being in the north right of way line of Heritage Trace Parkway( a
variable width right of way),from which a 5/8-inch capped iron rod marked "Peloton"found bears
North 42.59'31" East, a distance of 0.19 feet;
THENCE over and across the said Lot 3,the following courses and distances:
North 10.40'20" West, a distance of 56.41 feet to the POINT OF BEGINNING;
North 15.07'23" West, a distance of 2.30 feet to a point for corner;
North 39.53'36" West,a distance of 0.69 feet to a point for corner;
North 43.52'00" East, a distance of 3.97 feet to a point for corner;
South 46.08'00" East, a distance of 0.63 feet to a point for corner;
South 76.11'16" East, a distance of 3.77 feet to a point for corner,from which a 5/8-inch capped iron rod
marked "PELOTON"found for an ell corner of said Lot 3, bears North 54.33'36" East, a distance of 219.91 feet;
South 13.48'44" West,a distance of 0.50 feet to a point for corner;
North 76.11'16" West, a distance of 3.98 feet to a point for corner;
South 43.52'00" West, a distance of 2.93 feet to a point for corner;
South 15.07'23" East, a distance of 2.44 feet to a point for corner;
South 59.33'03" West, a distance of 0.52 feet to the POINT OF BEGINNING and containing 6 square feet or
0.0001 acres of land, more or less.
'�P�E'O�
C''��GRFo•Is
..:.................:..
BAIRD, HAMPTON &BROWN *00 ROBERT P. ALLEN
engineering and surveying • 0 6495 •
'Robert P.Allen July 22,2019 '.�'pIC, �P;��
3801 William D.Tate,Suite 500 Grapevine,TX 76051 Registered Professional Land Surveyor No.649S ���*00*0000
R V Ey0
rallen@bhbinc.com•817.251.8550•bhbinc.com
TBPE Finn#44•TBPLS FIRM#10011302
PROJECT NO.2019.704.000
Exhibit C
EASEMENT ENCROACHMENT
17.86 LINEAR FEET OR 1.08 RODS
LOT 3, BLOCK 165, HERITAGE ADDITION, AND NORTH BEACH STREET,
WILLIAM BOSTICK SURVEY ABSTRACT NO. 210
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
BEING a 30" Storm Drain Pipe situated in the William Bostick Survey, Abstract No. 210, City of Fort Worth,Tarrant
County,Texas, being part of Lot 3, Block 165, Heritage Addition,and North Beach Street, an addition to the City of
Fort Worth,Tarrant County,Texas, as shown on plat thereof and recorded in County Clerk's File No. (CC#)
D215035467, 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 ALLTERRA RTKNET Cooperative Network.Vertical
Datum established using GPS Technology and all elevation shown are NAVD88.The Point of Beginning has a
convergence angle of 00'39'40.28" and a combine scale factor of 0.9984621)
COMMENCING at a the southeast corner of said Lot 3 and being common with the southwest corner of Lot 2, Block
165, Heritage Addition, an addition to the City of Fort Worth,Tarrant County,Texas, as shown on plat thereof and
recorded in (CC#) D214080316, (OPRTCT), also being in the north right of way line of Heritage Trace Parkway( a
variable width right of way),from which a 5/8-inch capped iron rod marked "Peloton"found bears
North 42'59'31" East, a distance of 0.19 feet;
THENCE over and across the said Lot 3,the following courses and distances:
North 09'13'46" West, a distance of 59.90 feet to the POINT OF BEGINNING (N:7018043.40, E: 2340501.24)
of a proposed 30" Storm Drain Pipe;
North 45'36'26" West, a distance of 17.86 feet to the POINT OF TERMINATION
(N:7018055.89, E:2340488.47)of a proposed 30" Storm Drain Pipe,from which a 5/8-inch capped iron rod
marked "PELOTON"found for an ell corner of said Lot 3, bears North 59'35'07" East, a distance of 228.33 feet
and has a 17.86 linear feet or 1.08 rods,more or less.
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BAIRD, HAMPTON &BROWN ROBERT P. ALLEN
engineering and surveying •,0 6495 •
'Robert P.Allen July 22,2019 '%'P,
3801 William D.Tate,Suite 500 Grapevine,Tx 76051 Registered Professional Land Surveyor No.6495 ��L•'•::::�'�y�
rallen@bhbinc.com•817.251.8550•bhbinc.com S U R v
TBPE Firm#44•TBPLS FIRM#10011302
PROJECT NO.2019.704.000
Exhibit C
EASEMENT ENCROACHMENT
7 SQUARE FEET OR 0.0002 ACRES
LOT 3, BLOCK 165, HERITAGE ADDITION, AND NORTH BEACH STREET,
WILLIAM BOSTICK SURVEY ABSTRACT NO. 210
CITY OF FORT WORTH, TARRANT COUNTY,TEXAS
BEING a tract of land situated in the William Bostick Survey, Abstract No. 210, City of Fort Worth,Tarrant County,
Texas, being part of Lot 3, Block 165, Heritage Addition, and North Beach Street, an addition to the City of Fort
Worth,Tarrant County,Texas, as shown on plat thereof and recorded in County Clerk's File No. (CC#) D215035467,
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 ALLTERRA RTKNET Cooperative Network)
COMMENCING at a the southeast corner of said Lot 3 and being common with the southwest corner of Lot 2, Block
165, Heritage Addition, an addition to the City of Fort Worth,Tarrant County,Texas, as shown on plat thereof and
recorded in (CC#) D214080316, (OPRTCT), also being in the north right of way line of Heritage Trace Parkway( a
variable width right of way), from which a 5/8-inch capped iron rod marked "Peloton"found bears
North 42.59'31" East, a distance of 0.19 feet;
THENCE over and across the said Lot 3,the following courses and distances:
North 66.32'16" West, a distance of 68.65 feet to the POINT OF BEGINNING;
South 01.46'45" West, a distance of 2.89 feet to a point for corner;
South 59.33'03" West, a distance of 2.43 feet to a point for corner;
North 01.53'42" East, a distance of 4.21 feet to a point for corner,from which a 5/8-inch capped iron rod
marked "Jacobs"found in the south line of the aforesaid Lot 3 and the north right of way line of said Heritage
Trace Parkway, bears South 80.28'19" West, a distance of 89.23 feet;
South 87.37'07" East, a distance of 2.05 feet to the POINT OF BEGINNING and containing 7 square feet or
0.0002 acres of land, more or less.
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BAIRD, HAMPTON&BROWN ROBERT P. ALLEN
engineering and surveying • o 6495 •
'Robert P.Allen July 22,2019 10.P, �P;'�
3801 William D.Tate,Suite 500 Grapevine,TX 76051 Registered Professional Land Surveyor No.6495 ��L•'•::::*'•-1
rallen@bhbinc.com•817.251.8550•bhbinc.com S U R 4
TBPE Firm#44•TBPLS FIRM#10011302
PROJECT NO. 2019.704.000
Exhibit C
CONDOMINIUM PUT OF
LOT 3,BLOCK 165
HERITAGE ADDITION
BEING A 13.030 ACRE TRACT SITUATED IN THE WILLIAM BOSTICK SURVEY,ABSTRACT NO.210
CITY OF FORT WORTH,TARRANT COUNTY,TEXAS
OCTOBER 2017
BEING a 13.030 acre tract of land situated in the William Bostick Survey,Abstract No.210,City of Fort Worth,Tarrant County,Texas,and being a portion of a called
13.060 acre tract of land as described in the deed to Highland Terrace Development,LTD.recorded in County Clerk's Instrument No.D213325840,Official Public
Records,Tarrant County,Texas(OPRTCT),also being all of Lot 3,Block 165,Heritage Addition,an addition to the CAty of Fort Worth,Tarrant County,Texas,
according to the plat recorded in County Cierk's Instrument No.D215035467,OPRTCT,and being more particularly described by metes and bounds as follows:
BEGINNING at a 5/8 inch capped iron rod marked"BHB"set(CIRS)for the northeast comer of said Lot 3,being in the south right-of-way line of Alta Vista Road,a
variable width right-of-way,
THENCE South 00°06'57"West,with the common line between said Lot 3,and Lot 1,Block 1,Alta Vista Elementary School Addition,an addition to the City of Fort
Worth,Tarrant County,Texas,according to the plat thereof recorded in Cabinet A,Slide 11544,Plat Records,Tarrant County,Texas(PRTCT),a distance of 452.51
feet to a 5/8 inch Iron rod found for comer,
THENCE South 44°50'01"East,continuing with the said common line,a distance of 580.16 feet to a CIRS for comer,
THENCE South 89°52'39"East,continuing with the said common line,a distance of 8.76 feet to a 5/8 inch capped iron rod marked"PELOTON"found for the
northernmost northwest comer of Lot 2,Block 165,Heritage Addition,an addition to the Gty of Fort Worth,Tarrant County,Texas,according to the plat thereof
recorded in County Clerk's Instrument No.D214080316,OPRTCT,
THENCE South 10*47'21"East,with the common line between said Lot 3,and said Lot 2,a distance of 16.58 feet to a 5/8 inch capped Iron rod
marked"PELOTON"found for comer,
THENCE South 59°29'52"West,continuing with the said common line,a distance of 69.89 feet to a 5/8 inch capped Iron rod marked"PELOTON"found for comer,
THENCE South 42°59'31"West,continuing with the said common line,a distance of 255.96 feet to a point for comer in the north right-of-way line of Heritage Trace
Parkway,a variable width right-of-way,from which a found 5/8 Inch capped Iron rod marked"PELOTON"bears North 42°59'31"East,a distance of 0.19 feet;
THENCE with the common line between said Lot 3,and said Heritage Trace Parkway,and with a non-tangent curve to the left having a central angle of 06°00'24",a
radius of 1465.00 feet,an arc length of 153.58 feet,and a chord which bears North 85°13'09"West,a distance of 153.51 feet to 5/8 inch capped iron rod
marked"JACOBS"found for comer,
THENCE continuing with the said common line,and with a reverse curve to the right having a central angle of 05°37'54",a radius of 988.50 feet,an arc length
of 97.16 feet,and a chord which bears North 85°24'24"West,a distance of 97.12 feet to a 5/8 Inch capped iron rod marked"JACOBS"found for comer,
THENCE continuing with the said common line and a reverse curve to the left having a central angle of 07'19'52",a radius of 611.50 feet,an arc length
of 78.24 feet,and a chord which bears North 86°15'23"West,a distance of 78.19 feet to a point for corner from which a 5/8 Inch capped iron rod found
marked'JACOBS"bears North 51*38'18"East,a distance of 0.29 feet;
THENCE North 89°55'19"West,continuing with the said common line,a distance of 150.00 feet to the southeast comer of a comer dip at the northeast comer of the
Intersection of said Heritage Trace Parkway and North Beach Street,a variable width right-of-way,from which a 5/8 Inch capped Iron rod found
marked"JACOBS"bears South 58°32'01"East,a distance of 0.26 feet;
THENCE with said comer dip,and with a curve to the right having a central angle of 89°21'15",a radius of 90.00 feet,an arc length of 140.36 feet,and a chord
which bears North 45°14'35"West,a distance of 126.56 feet to a CIRS for corner,
THENCE North OW33'51"West,with the common line between said Lot 3,and said North Beach Street,a distance of 30.00 feet to a CIRS for comer,
THENCE North OW36'26"West,continuing with the said common line,a distance of 934.23 feet to CIRS for comer at the southwest comer of a comer dip at the
southeast corner of the Intersection of said North Beach Street and Alta Vista Road,a variable width right-of-way,
THENCE North 44°49'34"East,with said comer dip,a distance of 20.72 feet to a CIRS for corner,
THENCE South 89°44'26"East,with the common line between said Lot 3,and said Alta Vista Road,a distance of 192.43 feet to a point for comer,from which
a 5/8 Inch Iron rod found with an unreadable cap bears South 41°01'51"East,a distance of 0.22 feet;;
THENCE North 00*15'34"East,continuing with the said common line,a distance of 9.69 feet to a CIRS for comer,
THENCE North 89°55'22"East,continuing with the said common line,a distance of 185.57 feet to the POINT OF BEGINNING and containing 567,580 square feet
or 13.030 acres of land more or less.
OF
NOTE: '�P•('G�gTER� '9
Basis of bearing being the Texas Coordinate
System,NAD83 North Central Zone-4202,as vao-�
established using GPS technology In Xshua D.Wargo 1 1 95-17 ....
..OSHUA D..WARGO.
conjunction with the RTK Cooperative Network Registered Professional Land Surveyor No.6391 .4................................
B BAIRD, HAMPTON & BROWN, INC. A 6391
B!■ ENGINEERING & SURVEYING l,9'.O�ESS1ltkP'OQ-
3801 William D. Tate Avenue, Suite 500, Grapevine, TX 76051 jworgoObhbinc.com 817-251-8550 www.bhbinc.com $UW� EXHIBIT A
131113 Project 12015.400.020 TBPE Firm F-44 TBPLS Firm 10011302 PAGE 1 OF 1