HomeMy WebLinkAboutContract 53080 EASEMENT ENCROACHMENT LICENSE AGREEMENT
Commercial
THIS AGREEMENT is made and entered into by and between THE CITY OF
FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"),
acting by and through its duly authorized City Manager, Assistant City Manager, or
Planning and Development Director, and UGC Main Street, LP, a limited partnership
("Licensee"), owner of the real property located at 2315 North Main Street, Fort Worth,
Texas 76164("Property"), acting by and through its duly authorized representative.
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
I.
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 gate
within 15' utility easement and private drain encroaching within 10' 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 exit it s') a c e
hereto. OFFICIAL RECORD
CUY SECRETARY
Fasement Encroachment Agreement-Commercial ET W RECORD
Revised 12018
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.
S.
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
F&sement Encroachment Agreement-Commercial Page 2 of]3
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.
5.
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. Upon the natural expiration of the Initial
Term, the Agreement shall automatically renew under the same terms and conditions for
ten (10) year renewal periods unless terminated earlier in accordance with this
Agreement. 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 terra
hereof determine in its style discretion to use or cause or permit the Easement to be used
for any other public purpose that does not preclude the use of the Encroachment on the
Property, including but not being limited to underground, surface, or overhead
communication, drainage, sanitary sewerage, transmission of natural gas or electricity, or
any other public purpose, whether presently contemplated or not, that the parties agree to
negotiate in good faith in order to accommodate the Encroachment and the public
purpose.
Easement Encroachment Agreement-Commercial Page 3 of 13
Revised 12/2018
9.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION
WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION,
MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE
ENCROACHMENT AND USES GRANTED HEREUNDER,WHETHER OR NOT
CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND
LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR
SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL
LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR
ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT
OF OR IN CONNECTION WITH THE ENCROACHMENTS AND ANY AND
ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES, OR INVITEES.
10.
While this Agreement is in effect, Licensee agrees to furnish City with a
Certificate of Insurance naming City as certificate holder as proof that it has secured and
paid for a policy of public liability insurance covering all public risks related to the
proposed use and occupancy of public property as located and described in Exhibit A.
The amounts of such insurance shall be not less than
�i,aoa,oaa
with the understanding and agreement by Licensee that such insurance amounts may be
revised upward at City's option, in its reasonable discretion and that Licensee shall so
revise such amounts immediately following notice to Licensee of such requirement. Such
insurance policy shall not be canceled or amended without at least thirty (30) days prior
written notice to the Building Official of the City. A copy of such Certificate of
Insurance is attached as "Exhibit B" and incorporated herein for all purposes. Licensee
agrees to submit a similar Certificate of Insurance annually to the City on the anniversary
date of the execution of this Agreement_
Licensee agrees, binds, and obligates itself and its successors and assigns to
maintain and keep in force such public liability insurance at all times during the term of
,Easement,Encroachment Agreement-Commercial Page 4 of 13
Revised 12/2018
this Agreement and until the removal of the Encroachment and the cleaning and
restoration of the Easement. All insurance coverage required herein shall include
coverage of all Licensee's contractors and subcontractors. The insurance coverage
requested herein may be provided by Licensee's contractors performing the construction
and maintenance of the Encroachment.
11.
Licensee agrees to deposit with the City when this Agreement is executed a
sufficient sure 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.
Easement Encroachment Agreement-Commercial Page 5 of 13
Revised 12/2018
16.
In any action brought by the City for the enforcement of the obligations of the
Licensee,the City shall be entitled to recover interest and reasonable attorneys' fees.
17.
The parties agree that the duties and obligations contained in Section 5 shall
survive the termination of this Agreement.
18.
Licensee covenants and agrees that it will not assign all or any of its rights,
privileges, or duties under this Agreement without the written approval of the City, and
any attempted assignment without such written approval shall be void. In the event
Licensee conveys the Property, Licensee may assign all of its rights and obligations under
this Agreement to the new owner of the Property, and Licensee shall be deemed released
from its duties and obligations hereunder upon City's approval in writing of such
assignment, which approval shall not be unreasonably conditioned or withheld.
Foreclosure by a secured lender of Licensee or assignment to a secured lender by
Licensee in the event of default or otherwise shall not require City approval provided that
said lender notifies City in writing within sixty (60) days of such foreclosure or
assignment and assumes all of Licensee's rights and obligations hereunder. However, no
change of ownership due to foreclosure or assignment to any secured lender of Licensee
shall be effective as to City unless and until written notice of such foreclosure or
assignment is provided to City.
19.
Any cause of action for breach of this Agreement shall he brought in Tarrant
County,Texas. This Agreement shall be governed by the laws of the State of Texas.
20.
This Agreement shall be binding upon the parties hereto and their successors and
assigns.
21.
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original,but all of which shall constitute one instrument.
Easement Encroachment Agreement-Commercial Page 6 of 13
Revised 12/2018
22.
The City's governmental or sovereign immunity is not waived by any provision of
this Agreement There are no third party beneficiaries to this Agreement, intended or
otherwise.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Easement Encroachment Agreement-Commercial Page 7 of 13
Revised 12/2018
City: Licensee:
CITY OEXORT W H OGC MAIN STREET, LP
By: By: /4/�'0001
M 149F f I
Randle Harwood, Aircctor Name: Hu er Goodwin
Planning&Develo meat Title: Authorized Representative
Date: Date:
ATTEST: �oT Approved As To Form and Legality
City Sec a1y TF&Y Qofti 1s PAW
Assistant City Attorney
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this ontz act, including ensuring all performance
a d rep ing requirements.
tJanie S. Morales
evelopment Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
Easement Encroachment Agreement-Commercial Page 8 of 13
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 this_/Vday of
20 1.
4 61
+ � 111 fff
JENNIFER LOUISE£ZERHACK
o Publi i and for the to of Texas gNotary Public,State of Texss
Comm.Expires 03-01-2020
Notary ID 130561630
After recording return to:
Planning&Development
Development Coordination Office
200 Texas Street
Fort Worth,Texas 76102
rOFFICIAL RECORD SECR�ARY(NORTH,TX
Easement Encroachment Agreement-Commercial Page 9 of 13
Revised 12/2018
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
on this day personally appeared R. Hunter Goodwin, Authorized
Representative known to me to be the person whose narne 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 OGC MAIN STREET,LP, a
limited partnership, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEA OF OFFICE this a-rnay ofQk-ta
2 15 V1
0
�prrrrrr�, MELANIE ANN PHILLIPS
Notary Public in and for the :'o "'-r�.
xa: x Notary Public, state of Texas
y }e Comm.Expires 02-28-2021
State of '••?;q;;;;••' Notary !a 7133675
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
Easement Encroachment Agreement-Commercial Page 10 of 13
Revised 12/2018
EXHIBIT A
Map of Easement and Encroachment
Easement Encroachment Agreement-Commercial Page 11 of 13
Revised I MO 18
N EASEMENT ENCROACHMENT
i
EXHIBIT "A" LEGEND
p 10 20 These standard symbols wilt tie found in the drawing.
Q SURVEY MONUMENT
-^- BOUNDARY UNE
SCALE: 10' � ADJOINER PROPERTY LINE
-- --- EASEMENT LINE
POB POINT OF BEGINNING
POC POINT OF COMMENCMENT
ISAAC THOMAS, A-1526 W CHISELED x FOUND
FORT WORTH, TARRANT CIRF CAPPED IRON ROB FOUND
COUNTY, TEXAS /
LOTR•-4 /Io' wrwrsrxENr
BLOCKI /ra&vanrvm 3m w,pai6marcri
M.G.ELLISADDITION
VOL.388 89,PC.16(D.R.T.C.T.)
- S8914639"W 300•a0' L1
i — 77 T3 65.56` CIRF
5 0RMBOX CRUE L4 L7
73
' - ,4PPRazmwsi'n�mu J
�' L3 tpFtt. IT.GW
STORM PIPE
/ ENCROACHMENT
/ (0.001ACRES,48.3SQ.FT)
- SMRMPh° ENd4OACHMEM-L#ETA&E
L DV57ANCE
Lr 53 W 483' GESSNER
55'3733•W �83'
L3 NdS76'18'w 7331'
• 4 Na93?53'E 4.53'
LOTRz L5 589 E 1g31' ENGINEERING
/ BLOCK I
Al.G ELL ISAODITION
. VOL..398-89,PC..16(D.R.T.C.T.)
Nary
Z. M6ffANA80LAYOSDEscwrAwvFEVmDA wEwwm7vAccowwvrm!S CORPORATE OFFICE
SOWYPLAT 2501 ASHFORD OWE
2 84W0FaFAV4VSARESLA4FACEAfi4SLWAIMN7SAWR&-ERTOTNETIXASSTAIF COLLEGE STATION.TEXAS77840
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A40WA. COLLEGE STAnON 979.680.8840
BRENHAM W9.836.6855
FORTWOR7N 817.405.0774
SAN ANTOMO 210.305.4792
C�FtrrF►car�OF SURVEYOR FIRM Rt WTRATION NUMBERS-
4 MICHAEL KDNET51C1,REGISTERED PROFES.SIdNAL 1 AND SURUEYDRNC? TOPE F 745L T8P LS F-10193910
k?531,IN77YESTATEOF7EYA-SHERERYCERTIFYITIAT THIS PLRT �� OF
ACCURATELY REPRESENTS THE LINESAND DIMENSIONS OF THE PROPER TY P I sr� � SURVEY PLAT
ASI HgVEDETERMINED THEM TOQE,AND WASPREPARED FROMAN co r g�O pfi'':iYN -
ACTUAL SURVEYOFTHEPROPE-RTYA4,4DEUNOERMY SUPER VISIDNON I55LlE DATE: 2 2n-19
THE GROUND,AND THATITINVICA7ESE45EMEIVTSANDfENCE,SASTHEY ••���� E �����•�,��f••��
MfC�IAEL KONET5K1
AREVS16LEON THE GROUND,AND THATTHEREARENODISCERMARLF "'......................Ill.. . DRAWN BY: KL
ENCROACHMENTS CONIHIC'TS,ORPROTRUSIONSEXCEPTASSHOWN `L 6531
HEREON /] � °F�s syO CHECKED BY: MK
S U RJ PROJECT#: 16-0542
MICH.451 KONE ICI R.P.L.5 NO..6531
A GE2 OF2
N GATE ENCROACHMENT
EXHIBIT "A„ LEGEND
p 10 20 These Stand-i(d symbols Wia be found in 9-m drawing.
Q SURVEY MONUMENT
BOUNDARY LINE
SCALE:1"=10' -" ADJOINER PROPERTY LINE
--- -� EASEMENTLINE
POB POINT OF BEGINNING
POC POINT OF COMMENCMENT
IS'AAC THOMAS, A-1529 •y CHISEL EDYFOUN❑
FORT WORTH, TARRANT IRF I IRON ROD FOUND
COUNTY, TEXAS
15•urKnrEASEA�,vr
GRTr FNC'RLLlC L:N TABLE RERPLAT t/OL.3fi8-89.PC 16
L NE 9E:4171NG L7ISTANC fD.RTC;!J
11 N0RY3W'W 0-13'
12 N-Q0'("V0•F 15W' APPRO,YIHNIiEGATF
13 Srx173'W'F 0.13• LOGg7701J
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(2.050UAREFEET)
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44;ERrA BRENHAM 97%936-M55
FORT WORTH 017.405,0774
SAN ANTONIO 210305.4792
CERTIFICATE OF SURVEYOR FIRM REGISTRATION NUh5BER5:
TBPE F-7451,TBPLS F-10193910
I,MICI-MFL:CONE T.5K RFGISTEREDPRCF=SS10NAL LAND SURVEYOR NO 711
6.VIIN7HES7ATEOF7-EIGaS.HERFErCERTiFY7HATTHISPLAT SURVEY PLAT
YQF T
14 CCYJRATEL YREFRE5F_AtT5'THE ONES AND DIMEN50NS OrTIIEPROPF_RTY
A.SIIIAVEDETFRMINED THFM TD6E A1VD WASPREPARFDPROMAN �P ��p�Q��
ACTUAL SURVEY6W tHEPROP[-RrYMADEUNDFRMYSUPER VISION ON I J� .; ISSUE flA7E: 2-20-19
KHEGROUND,AND THATITINDICA TES F4.SEMFiVT5ANDFFNCF,SASTHEY MICHAEL KGNETS�l
AREVISI&CONTHEGROUNL,.4LULJTHRTTHFREARENaO1SCERiVAELE " : DRAWN BY: KL
ENCROACHMENTS CONnicrs OR PROTRU.510NSEYmprASSHOWN '•a 6531
HEREONp��F�SS!� -ld CHECKED BY: )VIK
PRQJECT#: 16-0542
MICHAFL KONFTSKi R ALS.NO.653,1 �L
EXHIBIT B
Certificate of Insurance
Easement Encroachment Agreement-Commercial Page 12 of 13
Revised 12/2018
EXHIBIT C
Metes and Bounds Legal Description of the Property
Easement Encroachment Agreement-Commercial Page {3 of 13
Revised 12/2018
Exhibit C
16-0542
GESS2INER ENGINEERING, LLC
2501 Ashford Drive
College Station,Texas 77840
(979)680-8840-Fax(979)680-8841
0.001 OF AN ACRE TRACT OF LAND
TARRANT COUNTY,TEXAS;
Being a 0.001 of an acre(48.3 square feet) tract of land situated in the Isaac Thomas Survey,Abstract No.1526 in the
City of Ft,Worth,Tarrant County,Texas and being over, across, and upon a 10 foot wide sanitary sewer easement
located across Lot R-2, Block 1, M.G. Ellis Addition, as shown on a plat recorded in Volume 388-89, Page 16, Deed
Records of Tarrant County,Texas(A.R.x.C.Tx.)and being further described by metes and bounds as follows:
COMMENCING FOR REFERENCE at a 5/8 inch capped iron rod found,stamped"BROOKS BAKER SURVEYORS"lying in
the west right of way line of North Main Street(called 80'right of way),same being the southeast corner of Lot R-4 of
said M.G.Ellis Addition,and the northeast corner of said Lot R-2;
THENCE South 89*46'39"West with the south line of said Lot R-4,same being the north line of said Lot R-2,for a
distance of 65.56 feet to a point lying in the southeast line of a 10 foot sanitary sewer easement as shown on the plat of
said M.G.Ellis Addition and South 59°32'53"West;2.63 feet with said southeast lime of said sanitary sewer easement
to a point for the northeast corner of the herein described tract for the POINT OF BEGINNING;
THENCE over,across and upon said easement for the following(4)courses and distances:
1. South 59'32'53"West,4.83 feet to a point for the southeast corner of the herein described tract;
2. North 890 16' 18" West, 19.31 feet to a point lying in the northwest line of said easement; and being the
southwest corner of the herein described track
3. North 59*32'53"East,4.83 feet to a point for the northwest corner of the herein described tract;and
4. South 89°16' 18"East,19.31 feet to the POINT OF BEGINNING and containing 0.001 of an acre(48.3 square
feet)of land,more or less.
All bearings herein refer to the Texas State Plane Coordinate System,Texas North Central Zone(4202),NAD 83 and
were obtained by GPS observation.
Reference is hereby made to a separate plat of record of even date!herewith.
Dated this the Zoth day of February 2019.
IL KOW
Michael Konethki R.P.L.S.No.6S31 M04. W-41
Gessner Engineering;LLC "q 8531 04
8VA
16-8542 STORK[F►v EXHIBIT"A" Page I of 2
Exhibit C
16-0542
GESS NER ENGINEERING, EL C
2501 Ashford Drive
College Station,Texas 77840
(979)680-8840-Fax(979) 680-8841
2.0 SQUARE-FOOT TRACT OF LAND
TARRANT COUNTY,TEXAS;
Being a 2.0 square-foot tract of land situated in the Isaac Thomas Survey,Abstract No. 1526 in the City of Ft Worth,
Tarrant County,Texas and being over,across,and upon a 15 foot wide utility easement located across Lot R-2, Block 1,
M.G.Ellis Addition,as shown on a plat recorded in Volume 388-89, Page 16, Deed Records of Tarrant County,Texas
(D.R.T.C.Tx.)and being further described by metes and hounds as follows:
COMMENCING FOR REFERENCE at a"Y"cut in concrete found for the northeast corner of Lot R-1,Block 1,said M.G.
Ellis Addition,same being an interior corner of said Lot R-2;
THENCE North 46'54'06"East over,across,and upon said Lot R-2,a distance of 68.21 feet to a point lying in the west
line of said utility easement, as shown per plat of said M.G. Ellis Addition for the southwest corner of the herein
described tract and for the POINT OF BEGINNING;
THENCE over,across,and upon said easement for the following(4)courses and distances:
1. North 00'13'00"West,0.13 feet to a point for the northwest corner of the herein described tract;
2. North 901 00' 00" Easy 15.00 feet to a paint lying in the east line of said easement, and being the northeast
corner of the herein described tract;
3. South 00°13'00"East 0.13 feet to a point for the Southeast corner of the herein described tract;and
4, South 900 00'00"West,15.00 feet to the POINT O F.13 EGINNING and containing 2,0 square feet of land,more or
less.
All bearings herein refer to the Texas State Plane Coordinate System,Texas North Central zone(4202),NAD 83 and
were obtained by GPS observation.
{ Reference is hereby made to a separate plat of record of even date herewith.
Dated this the 20th day of February 2019.
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Michael ltonets ci R P.L.5.No.6531 M1CH.l..L
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Gessner Engineering,LLC • 9 �t @
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