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HomeMy WebLinkAboutContract 53591 �C9 �p CITY SECRETARY CONTRACT NO._ 3 5 q 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 FORT WORTH EVERMAN/RISINGER DEVELOPMENT, LLC, a limited liability company ("Licensee"), owner of the real property located at 273 W. Everman Parkway, Fort Worth, Texas 76140 ("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 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(1) private storm drain crossing a public sanitary sewer facility and (2) private storm crossing a public drainage 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. Easement Encroachment Agreement-Commercial Page 1 of 13 Revised 12/2018 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 sanitary sewer improvements 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 sanitary sewer 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 Easement at any time for the purpose of installing, repairing, replacing, or maintaining improvements to its public sanitary sewer facilities necessary for the health, safety, and welfare of the public. The City shall bear no responsibility or liability for any damage or disruption or other adverse consequences resulting from the Encroachment installed by Licensee(except when caused by the City's sole negligence), provided, the City (i) for the initial installation and for subsequent replacements for which construction plans are required, gives Licensee notice pursuant to Section 8 and a reasonable opportunity to review the plans and specifications prior to commencement of construction; (ii) gives Licensee reasonable notice of intent to perform work within the Easement, except in emergencies where such notice is not feasible; and(iii) makes reasonable efforts to minimize such damage. Easement Encroachment Agreement-Commercial Page 2 of 13 Revised 12/2018 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 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 Initial Term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by the City. Upon expiration of the Initial Term, the Agreement shall renew automatically under the same terms and conditions for two (2) additional thirty(30)-year renewal periods unless terminated earlier in accordance with this Agreement. 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. Any notices, certifications, approvals, or other communications required to be given by one Party to another under this Agreement (a"Notice") shall be given in writing addressed to the Party to be notified at the address set forth below and shall be deemed given: (i)when the Notice is delivered in person to the person to whose attention the Notice is addressed; (ii) when received if the Notice is deposited in the United States Mail, certified or registered mail, return receipt requested, postage prepaid; or (iii) when the Notice is delivered by Federal Express, UPS, or another nationally recognized courier service with evidence of delivery signed by any person at the delivery address.If any dated Easement Encroachment Agreement-Commercial Page 3 of 13 Revised 12/2018 or period provided in this Agreement ends on a Saturday, Sunday, or legal holiday, the applicable period for calculating notice shall be extended to the first business day following the Saturday, Sunday, or legal holiday.For the purpose of giving any Notice,the addresses of the Parties are set forth below. The Parties may change the address set forth below by sending Notice of such changes to the other Party as provided in this section. To the City: City of Fort Worth, Texas 200 Texas Street Fort Worth, Texas 76102 Attn: City Manager City of Fort Worth, Texas 200 Texas Street Fort Worth, Texas 76102 Attn: Water Director (Notice to Building Official required for notice of cancellation or amendment of insurance policy under Section 10 only) City of Fort Worth, Texas 200 Texas Street Fort Worth, Texas 76102 Attn: Building Official To Licensee: Fort Worth Everman/Risinger Development, LLC 131 E. Exchange Avenue, Suite 212 Fort Worth, Texas 76164 Attn: Kyle Valley With a copy to: Pope, Hardwicke, Christie, Schell, Kelly & Taplett, L.L.P. 500 West 7t' Street, Suite 600 Fort Worth, Texas 76102 Attn: Marcella Olson Easement Encroachment Agreement-Commercial Page 4 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, EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS; 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 the Easement 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 in accordance with City's generally applicable, commercially reasonable requirements 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 Easement Encroachment Agreement-Commercial Page 5 of 13 Revised 12/2018 of the Easement. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. 11. Licensee agrees to deposit with the City when this Agreement is executed a sufficient sum of money to be used to pay necessary fees to record this Agreement in the real property records of Tarrant County, Texas. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. 12. Licensee agrees to comply fully with all applicable federal, state, and local laws, statutes,ordinances, codes, and regulations in connection with the construction, operation, and maintenance of the Encroachment and uses. 13. Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for by this Agreement or by any federal, state, or local statute, law, or regulation. 14. Licensee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant,or employee of City,and Licensee shall have exclusive control of and the exclusive right to control the details of its operations, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. The doctrine of respondeat superior shall not apply as between City and Licensee, its officers, agents, servants, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Licensee. 15. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct,maintain,and locate the Encroachment over or within the 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 6 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 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 7 of 13 Revised 12/2018 City: Licensee: CITY OF FORT WORTH FORT WORTH EVERMAN/RISINGER DEVELOPMENT,LLC, a Texas limited liability company By: Majestic—Everman Investor, LLC, a Delaware limited liability company, its Managing Member By: Majestic Realty Co., a California corporation, Manager's Agent By: By: D_.1. Harrell,Director Name: EDWARD P. ROSKI, ,iR. President and Chairman of the Boar Planning & evelopme t Title: Date: Z Z<Q Date: ATTEST: ��.F OR T �Approved As To Form and Legality 1. City Secremry _�� Matt Murray Assistant City Attorney Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this ontract, including ensuring all performance Land eporting requirements. Janie S. Morales Development Manager Easement Encroachment Agreement-Commercial Page 8 of 13 R�v'iser�°l ' • 1 ' 1 1 ' 1 ' 1 1 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared D.J. Harrell, 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 QCt�1 , 20 o . Notary Public in and for the State of TexasLAURIE PEQUENO LEWIS ��o� ••�a _r; •�A_Notary Public, State of Texas �'• jQ= Comm. Expires 12-10-2023 t�°�t�P� Notary ID 132278952 After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 0r-F CIAL Q EC'01 rl CPC°'SECRETARY i Easement Encroachment Agreement-Commercial Fay Ty 2020 STATE OF CALIFORNIA § COUNTY OF LOS ANGELES § On rua rti 2020, before me, LindkS, S a Notary Public, personally appeared EDWARD P. ROSKI, JR., who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERFJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. LINDA J.CASEY Notary Public•California ys Los Angeles County > Commission#2274574 My Comm.Expires Feb 3,2023 (Not ignature) OFFICIAL.RECQK:V CITY SECRETA V FT.WORTH,T 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 12/2018 LM a tee i U O J m C6 < m � 3 � w � 3noao>ttlo 0 > ¢ ////^ m O v/ Z AVM 0 o wnaod Zz J Sa390allIM WQ Z NOS3lan9(310 O W J O a a' � W � I_— t9 Q cr— Q ERIT G J y Q Z Z Z x < 1tlN10aVO N0531an9 1� QxO U f r i g Ii m m0�=0 2 A711 HO ma��nOS w { w Q 1 z O x p N HOQa r` � O / O OO�y \ ylpv U) 1 �� ""VIC LL (AYr' a �F'��e� PPtp_�IAeV� s 6 OM Stl w j UNION F- Z O li EaN ! W r/ LU =LL 153MH1nOS W C) O V/ O U oo � O WOa d3993dy Q U N 2 / y 3N a Z i J U a LU or' n O w W 2 rP v1 f c/! W U O W Z 1013WV0 Q i O �s d� w y < 1SanH3Nid wx i � �J �Q yOnOaoffiaVW i cgl w P? 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II n o Z U LL o g II C7 2i Q o O0 -[ O 9l'LOL IIbZ l -111 y O Q (39Vd 3H1 O1NI)S11WIl 1N3 HOVMJON3'dOHd O } a oN o 0 r` r` I,- .­--U.—, 6.p l.Pa1_ bp—ylnoc y}nx Vo)—uuolso 6.np'bp-1oPx4,.Bap POol aa-49— —bn q—uuo1—6r.p by—li3nx 6rp'69—wicicx 6x.p by—alisa B.P'q—I!lnvav 6ay'by—al--6n q—s)wsax 6Mp'69-1Puga s}vK wd565 —/ZZ/I [1N3WNJ—N3 31 Nd 83M3S m—s onend)6wp*cluawyaooiau3 P-O\b 6p19 yl%—P-J—90NZ-\I-,O—M \:M:al!J EXHIBIT B Certificate of Insurance Easement Encroachment Agreement-Commercial Page 12 of 13 Revised 12/2018 Liability Insurance Endorsement Policy Period DECEMBER 13,2019 TO DECEMBER 13,2020 Effective Date DECEMBER 13,2019 Policy Number 3533-36-57 LAO Insured MAJESTIC REALTY CO Name of Company FEDERAL INSURANCE COMPANY Date Issued NOVEMBER 27,2019 This Endorsement applies to the following forms: GENERAL LIABILITY Under Who Is An Insured,the following provision is added Who Is An Insured Additional Insured- Persons or organizations shown in the Schedule are insureds;but they are insureds only if you are Scheduled Person obligated pursuant to a contract or agreement to provide them with such insurance as is afforded by Or Organization this policy. However,the person or organization is an insured only: • if and then only to the extent the person or organization is described in the Schedule; • to the extent such contract or agreement requires the person or organization to be afforded status as an insured; • for activities that did not occur,in whole or in part,before the execution of the contract or agreement;and • with respect to damages,loss,cost or expense for injury or damage to which this insurance applies. No person or organization is an insured under this provision: • that is more specifically identified under any other provision of the Who Is An Insured section(regardless of any limitation applicable thereto). • with respect to any assumption of liability(of another person or organization)by them in a contract or agreement.This limitation does not apply to the liability for damages,loss,cost or expense for injury or damage,to which this insurance applies,that the person or organization would have in the absence of such contract or agreement. Liability Insurance Additional Insured-Scheduled Person Or Organization continued Form 80-02-2367(Rev.5-07) Endorsement Page 1 Liability Endorsement (continued) Under Conditions,the following provision is added to the condition titled Other Insurance. Conditions Other Insurance— If you are obligated,pursuant to a contract or agreement,to provide the person or organization Primary, Noncontributory shown in the Schedule with primary insurance such as is afforded by this policy,then in such case Insurance— Scheduled this insurance is primary and we will not seek contribution from insurance available to such person Person Or Organization or organization. Schedule Persons or organizations that you are obligated,pursuant to a contract or agreement,to provide with such insurance as is afforded by this policy. PERSONS OR ORGANIZATIONS THAT YOU ARE OBLIGATED,PURSUANT TO WRITTEN CONTRACT OR AGREEMENT BETWEEN YOU AND SUCH PERSON OR ORGANIZATION,TO PROVIDE WITH SUCH INSURANCE AS IS AFFORDED BY THIS POLICY;BUT THEY ARE INSUREDS ONLY IF AND TO THE MINIMUM EXTENT THAT SUCH CONTRACT OR AGREEMENT REQUIRES THE PERSON OR ORGANIZATION TO BE AFFORDED STATUS AS INSURED. HOWEVER,NO PERSON OR ORGANIZATION IA AN INSURED UNDER THIS PROVISION WHO IS MORE SPECIFICALLY DESCRIBED UNDER ANY OTHER PROVISION OF THE WHO IS AN INSURED SECTION OF THIS POLICY(REGARDLESS OF ANY LIMITATION APPLICABLE THERETO). All other terms and conditions remain unchanged. Authorized Representative Liability Insurance Additional Insured-Scheduled Person Or Organization last page Form 80-02-2367(Rev.5-07) Endorsement Page 2 CHUBB' Policy Conditions Endorsement Policy Period DECEMBER 13,2019 TO DECEMBER 13,2020 Effective Date DECEMBER 13,2019 Policy Number 3533-36-57 LAO Insured MAJESTIC REALTY CO Name of Company FEDERAL INSURANCE COMPANY Date Issued DECEMBER 9,2019 This Endorsement applies to the following forms: COMMON POLICY CONDITIONS Under Who Is An Insured,the following provision is added. Conditions Notice of Cancellation When we cancel this policy we will notify person(s)or organizations(s)shown in the Schedule To Scheduled Persons at least 30 days(10 days in the event of nonpayment of premium)in advance of the Or Organizations When cancellation date. We Cancel Any failure by us to notify such person(s)or organization(s)will not: impose any liability or obligation of any kind upon us;or invalidate such cancellation. Schedule Person(s)or Organization(s): City of Fort Worth Planning and Development-CFA Office PN19-00140 200 Texas Street Fort Worth, TX 76102 Policy Conditions Notice of Cancellation To Scheduled Persons Or Organizations continued Form 80-02-9780(Ed. 3-11) Endorsement Page 1 CHUBBA Conditions (continued) All other terms and conditions remain unchanged. Authorized Representative �c. 'A"_.SA6. Policy Conditions Notice of Cancellation To Scheduled Persons Or Organizations last page Form 80-02-9780(Ed. 3-11) Endorsement Page 2 EXHIBIT C Metes and Bounds Legal Description of the Property Easement Encroachment Agreement-Commercial Page 13 of 13 Revised 12/2018 LEGAL DESCRIPTION TRACT 1 BEING a 300 square foot (0.0069 acre)tract of land situated in the James J. Scott Survey, Abstract No. 1449, City of Fort Worth, Tarrant County, Texas; said tract being part of that tract of land described in Special Warranty Deed to Fort Worth Everman/Risinger Development, LLC described in Instrument No. D217118440, Official Public Records of Tarrant County, Texas; said tract being more particularly described as follows: COMMENCING at a 1/2-inch iron rod found for the southwest corner of Lot 1, Block 1 Payless Cashways No. 1, an addition to the City of Fort Worth, Texas according to the plat recorded in Volume 388-76, Page 24, Plat Records of Tarrant County,Texas; THENCE North 0°20'38" West, along the west line of said Lot 1, a distance of 58.28 feet to a point; from said point a 5/8-inch iron rod with cap stamped "CARTER & BURGESS" found bears North 02°34'53" West, a distance of 217.30 feet; THENCE departing the said west line of Lot 1, South 89°33'09"West, a distance of 409.02 to a point; THENCE South 0°26'51" East, a distance of 35.00 feet to the POINT OF BEGINNING; THENCE the following four(4)calls: South 0°26'51" East, a distance of 15.00 feet to a point for corner; South 89°33'09"West, a distance of 20.00 feet to a point for corner; North 0e26'51"West, a distance of 15.00 feet to a point for corner; North 89°33'09" East, a distance of 20.00 feet to the POINT OF BEGINNING and containing 300 square feet or 0.0069 acres of land. TRACT 2 BEING a 412 square foot (0.0095 acre) tract of land situated in the James J. Scott Survey, Abstract No. 1449, City of Fort Worth, Tarrant County,Texas; said tract being part of that tract of land described in Special Warranty Deed to Fort Worth Everman/Risinger Development, LLC described in Instrument No. D217118440, Official Public Records of Tarrant County, Texas; said tract being more particularly described as follows: COMMENCING at a 1/2-inch iron rod found for the southwest corner of Lot 1, Block 1 Payless Cashways No. 1, an addition to the City of Fort Worth, Texas according to the plat recorded in Volume 388-76, Page 24, Plat Records of Tarrant County,Texas; THENCE North 0°20'38" West, along the west line of said Lot 1, a distance of 58.28 feet to a point; from said point a 5/8-inch iron rod with cap stamped "CARTER & BURGESS" found bears North 02034'53" West, a distance of 217.30 feet; THENCE departing the said west line of Lot 1, South 89°33'09"West, a distance of 607.02 to a point; THENCE South 0026'51" East, a distance of 35.00 feet to the POINT OF BEGINNING; CONTINUED ON SHEET 2 EASEMENT ENCROACHMENT JAMES J. SCOTT SURVEY, ABSTRACT NO. 1449 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS Kimlev))) Horn 801 Cherry Street,Unit 11,A,1300 Tel.No.(817)335-6511 Fort Worth,Texas 76102 FIRM#10194040 www.ldmley-hom.com Scale I Drawn by I Chjrked b Dale Ptoied No. Sheet No. N/A JBH MCB 12/6/2019 061282615 1 OF 7 HOPPER,BRADIN 12/6/2019 10:10 AM K:WFTW_SURVEYW61282615-FORT WORTH SOUTH-WATTS%DWG\061282615-FORT WORTH SOUTH-WATTS_EX_ESMT ENCR 2.DWG LEGAL DESCRIPTION (CONTINUED) THENCE the following four(4)calls: South 0°26'51" East, a distance of 15.00 feet to a point for corner; South 89°33'09"West, a distance of 27.5 feet to a point for corner; North 0°26'51"West, a distance of 15.00 feet to a point for corner; North 89°33'09" East, a distance of 27.50 feet to the POINT OF BEGINNING and containing 412 square feet or 0.0095 acres of land. TRACT 3 BEING a 300 square foot (0.0069 acre)tract of land situated in the James J. Scott Survey, Abstract No. 1449, City of Fort Worth, Tarrant County, Texas; said tract being part of that tract of land described in Special Warranty Deed to Fort Worth Everman/Risinger Development, LLC described in Instrument No. D217118440, Official Public Records of Tarrant County, Texas; said tract being more particularly described as follows: COMMENCING at a 1/24nch iron rod found for the southwest corner of Lot 1, Block 1 Payless Cashways No. 1, an addition to the City of Fort Worth, Texas according to the plat recorded in Volume 388-76, Page 24, Plat Records of Tarrant County,Texas; THENCE North 0°20'38" West, along the west line of said Lot 1, a distance of 58.28 feet to a point; from said point a 5/8-inch iron rod with cap stamped "CARTER & BURGESS" found bears North 02'3453" West, a distance of 217.30 feet; THENCE departing the said west line of Lot 1, South 89°33'09"West,a distance of 805.02 to a point; THENCE South 0026'51" East, a distance of 35.00 feet to the POINT OF BEGINNING; THENCE the following four(4)calls: South 0°26'51" East, a distance of 15.00 feet to a point for corner: South 89°33'09"West, a distance of 20.00 feet to a point for corner; North 0"26'51"West, a distance of 15.00 feet to a point for comer. North 89°33'09" East, a distance of 20.00 feet to the POINT OF BEGINNING and containing 300 square feet or 0.0069 acres of land. TRACT 4 BEING a 300 square foot(0.0069 acre)tract of land situated in the James J. Scott Survey, Abstract No. 1449, City of Fort Worth, Tarrant County,Texas; said tract being part of that tract of land described in Special Warranty Deed to Fort Worth Everman/Risinger Development, LLC described in Instrument No. D217118440, Official Public Records of Tarrant County, Texas; said tract being more particularly described as follows: CONTINUED ON SHEET 3 EASEMENT ENCROACHMENT JAMES J. SCOTT SURVEY, ABSTRACT NO. 1449 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS Kimlev))) Horn 2601 Cha"y SVmL kJNI i i.o�y�0 I TN.Ha 1617 33S 6511 .Wor04Taxn MIN HELM A10194040 w .k"Iay Uril Sib awn P f1 W. .OLNG WA W MCB 1Z 2019 1 W1292815 2 OF 7 HOPPER.BFLADN$ZWM19 14:%Q AM 14:}FTW SLFRV1EY9W 1282615 FORS wORTµ$OUiH-WATT SOWG. 061 M2515-F(1R T WORTH S+OU7 H-WATTS E% EGMT F M R 2.0fAn LEGAL DESCRIPTION (CONTINUED) COMMENCING at a 1/2-inch iron rod found for the southwest corner of Lot 1, Block 1 Payless Cashways No. 1, an addition to the City of Fort Worth, Texas according to the plat recorded in Volume 388-76, Page 24, Plat Records of Tarrant County,Texas; THENCE North 0020'38"West, along the west line of said Lot 1, a distance of 58.28 feet to a point; from said point a 5/8-inch iron rod with cap stamped "CARTER & BURGESS" found bears North 02°34'53" West, a distance of 217.30 feet; THENCE departing the said west line of Lot 1, South 89°33'09"West,a distance of 1072.52 to a point; THENCE South 0"26'51" East, a distance of 35.00 feet to the POINT OF BEGINNING; THENCE the following four(4)calls: South 0°26'51" East, a distance of 15.00 feet to a point for corner; South 89"33'09"West, a distance of 20.00 feet to a point for corner; North 0"26'51"West, a distance of 15.00 feet to a point for comer; North 89°33'09" East, a distance of 20.00 feet to the POINT OF BEGINNING and containing 300 square feet or 0.0069 acres of land. NOTES: Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone(4202). A survey plat of even survey date herewith accompanies this metes and bounds description. The undersigned, Registered Professional Land Surveyor, hereby certifies that foregoing description accurately sets out the metes and bounds of the encroachment tracts. EASEMENT ENCROACHMENT JAMES J. SCOTT SURVEY, QD �T T ABSTRACT NO. 1449 HAEL C. BILLINGSLEY �'•. CITY OF FORT WORTH, REGISTERED PROFESSIONAL .................. TARRANT COUNTY, TEXAS LAND SURVEYOR NO. 6558 EO BILLINGSLEY801 CHERRY STREET, ..........••••• ■UNIT 11 SUITE 1300 6558 �.:' Kimfe >>> Horn FORT WORTH,TEXAS 76102 ESS�cj. o�••.....•••,*k $01CI,"nyStro"t.Unitii.#1300 Ttl.#t14l'72&%" 2 PH. 817-335-6511 S B R l'- FortWorth.Tamm 76102 FIRM a 10194040 > .I�:"Ier�i.michael.biilingsley@kimley-hom.co ���6v pr en raa. p�, N/A JBH MCB 12/6M19 061282615 3 OF 7 HOPPER.l RADIN12&Ml910.10AMK1FTW..SqJRvEYW1292E15-FORTWUH11iSO7JT+4-WATTStiDWGTrtW.$2B75.FORT WORT HSLMTH-WATTr, by ESMTENCR2DWG LEGEND — ——— 5/8"IRFC"CARTER P.O.C.=POINT OF COMMENCING &BURGESS"(C.M.) P.O.B.=POINT OF BEGINNING I NORTH IRF-IRON ROD FOUND IRFC=IRON ROD WITH CAP FOUND I 0 30 60 C.M.=CONTROLLING MONUMENT GRAPHIC SCALE IN FEET LINE TABLET N NO. BEARING LENGTH L1 S00'26'61"E 15.00' L2 S89.33'09"W 20.00' zl LOT 1, BLOCK 1 L3 N00.26'51"W 15.00' PAYLESS L4 N89.33'09^E 20.00' PART OF I CASHWAYS NO. 1 FORT WORTH EVERMAN/ RISINGER DEVELOPMENT,LLC (VOL. 388-76, PG. 24) (INST. NO. D217118440) S89.33'09"W 409.07 — . , P.O.B. • SO 26 51"E NO 20'38'VV 35.00' L4 (TRACT 1) I w t-F I 58.28' ---M ---------•� �W I 1/2"IRF(C.M.) — —--� J ----� �uwQi I PROPOSED FUTURE p W L2 15'SANITARY I N W z SEWER EASEMENT I aww I P.O.C. --`------- (BY SEPARATE OW F- INSTRUMENT) I a rn I Q (TRACT 1-4) I PART OF � TRACT 1 j 9 I LOT 1 R-1, BLOCK 1 0.0069 ACRES I m ( I ( LONE STAR 300 SQ. FT. I I I CO SUBDIVISION I I I (VOL. 388-123, PG. 58) NOTES: I 1 Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone(4202). A metes and bounds description of even survey date herewith accompanies this survey plat. The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey plat accurately sets out the metes and bounds of the encroachment tracts. EASEMENT ENCROACHMENT DAMES J. SCOTT SURVEY, T• T ABSTRACT NO. 1449 ZMICHAEL C. BILLINGSLEY �: S' CITY OF FORT WORTH, REGISTERED PROFESSIONAL *' , TARRANT COUNTY, TEXAS LAND SURVEYOR NO.6558 ....:......................... MICHAEL CLEO BILLINGSLEY 801 CHERRY STREET, ••'•:....................... :••• UNIT 11 SUITE 1300 '• ,0 6558 Kimle, >>> Horn FESS� Q,. FORT WORTH,TEXAS 76102 �9'�� � 'o� N•'•'••.... .•• y 501 Cho"Stmt.Unit 11.01300 T*1 No.{11 936I'll, PH. 817-335-6511 S U R Fort Wort,Texas 76102 FIRM 0 10194040 r+.wdry rma mlchael.billingslsy(a�kimley-hom.com a u 2U P 1•"80' JBH Me 12IM019 061282615 1 40F7 HOPPER WV 12AM19 10.19AM K;YFTW SURVEyM126A1J-FORT WORTH 504TH-WAT75%vAn $1282615-F0RT WORTH SOUTFFWA S_F1�ESMTENCR.2.EVN LEGEND — 5/8"IRFC"CARTER P.O.C.=POINT OF COMMENCING &BURGESS"(C.M.) NORTH P.O.B.=POINT OF BEGINNING I IRF-IRON ROD FOUND IRFC=IRON ROD WITH CAP FOUND I 0 30 60 C.M.=CONTROLLING MONUMENT + GRAPHIC SCALE W FEET LINE TABLET N NO. BEARING LENGTH L5 SOO.26'51"E 15.00, '-�I L6 S89°33'09"W 27.50' zl LOT 1, BLOCK 1 L7 N00'26'51"W 15.00' PAYLESS L8 I N69•33'09°E 27.50' PART OF I CASHWAYS NO. 1 FORT WORTH EVERMAN/ RISINGER DEVELOPMENT, LLC (VOL. 388-76, PG. 24) (INST. NO. D217118440) S89'33'09"W 607.02' _ — � ��O�B. � � NO°20'38"VV SO'26'51'E—�- 35.00'LB (TRACT 2) w f- 58.28' -- � ---------, �ww 1/2°IRF(C.M.) _— J J ______— LL�m I PROPOSED FUTURE p L6 15'SANITARY Z SEWER EASEMENT ow— P.O C. ---------- (BY SEPARATE O INSTRUMENT) a I (TRACT 1-4) + I PART OF >-Q TRACT 2 a LOT 1 R-1, BLOCK 1 0.0095 ACRES ( cn m I I LONE STAR 412 SQ. FT. a SUBDIVISION (VOL. 388-123, PG. 58) 1 , EASEMENT ENCROACHMENT JAMES J. SCOTT SURVEY, ABSTRACT NO. 1449 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS Kimlev* Horn 801 Cherry SIne4 Unit 11,1111300 9 Tel.M5o P"'?M S P P Fort Worth,Taxes 7002 FIRM It 10194040 �.kinlayburn cam `mac e Pr ' 11pby -oxft K"W Flo. L 1'-80 JBH MCB 12MO19 061282615 8 OF 7 HOPPER,BRADINIZW20191DAGAMKIFTW_SURVFYM1282515-FORI WORTH&OUTH-WATTSwW0 0612 8 28 1S FORT WDRPHGQL?P4-WATTS_Ex-E5WEHU�._2D Q LEGEND ———— 5/8"IRFC"CARTER P.O.C.=POINT OF COMMENCING &BURGESS"(C.M.) P.O.B.=POINT OF BEGINNING I NORTH IRF-IRON ROD FOUND IRFC=IRON ROD WITH CAP FOUND C.M.=CONTROLLING MONUMENT I 0 30 60 IGRAPHIC SCALE IN FEET LINE TABLET N NO. BEARING LENGTH L9 S00.26'51'E 15.00' L10 S89•33'09"W 20.00' z, LOT 1, BLOCK 1 L11 Noo•26'51"W 15.00' PAYLESS L12 N89'33'09^E 20.00' PART OF CASHWAYS NO. 1 FORT WORTH EVERMAN/ RISINGER DEVELOPMENT, LLC (VOL. 388-76, PG. 24) (INST. NO. D217118440) S89'33'09"W 805.02' _ . .*Ll P.O.B. - r� SO 26' �---�----� NO.20'38"W 3 (TRACT 3) I w 1- I 58.28' —— _ —�.I I 1/2"IRF(C.M.) T156- ROPOSED FUTURE SANITARY I W W ZI SEWER EASEMENT I Ow— I P.O.C. ------------ (BY SEPARATE O w I INSTRUMENT) i a} i (TRACT 1-4) I PART OF I LOT 1R-1, BLOCK 1 I w TRACT 3 I I 0.0069 ACRES I z m I I I LONE STAR 300 SQ. FT. I I I SUBDIVISION I I ( I (VOL. 388-123, PG. 58) I 1 , EASEMENT ENCROACHMENT JAMES J. SCOTT SURVEY, ABSTRACT NO. 1449 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS Kimlev* Horn 801 Garry Steel,Unit 11,111300 Tel.No.t817I33sd511 Fad Wwth,Tons 76102 FIRM 11 1 01 94 040 ri r�.kiml^y nyry rpm 2'Lea "n per_ 1'=80 JBH MC8 f2/8/2019 081282815 1 80F7 HOPPER,BPADIN12AVW1910-ADAM1�. -SURVFYM17-gp61S-FORTWQRlh8oWH-Wr4TTSVywU0B12261SrORT WORTH 5OUINH—WATT$ 0l ES14TENCk7.V&f- � I 5/8"IRFC"CARTER I I &BURGESS"(C.M.) NORTH 1 I I I I I I 0 30 60 I I I TEMPORARY I I / TURNAROUND EASEMENT (INST.NO.D217152174) GRAPHIC SCALE IN FEET �I I w I I Ncoo I � W I � LOT 1, BLOCK 1 I I ¢o I PAYLESS I so I PART OF I CASHWAYS NO. 1 I i a ( FORT WORTH EVERMAN/ (VOL. 388-76, PG. 24) I I U) I RISINGER DEVELOPMENT,LLC I ? I (INST. NO. D217118440) f —— S89'33'09"W 1072.57 _ I 1 SO P.O.B.'2fi'S1"E�= I NO°20'38"w 35.00' L16 (TRACT 4) I w c ( 58.28' (?----------I wzw I wzk 1/2'IRF(C.M.) ( PROPOSED FUTURE p 15'SANITARY I z I I L14 SEWER EASEMENT I Ow— I P.O.C. ---------- I (BY SEPARATE 0 INS RUM NT) I a ~ I (TRACT 1-4) I PART OF I I I It a- I I I I TRACT 4 I 9� I LOT 1 R-1, BLOCK 1 I I 0.0069 ACRES I g m I I LONE STAR I I 300 SQ. FT. I a I ( SUBDIVISION I I I I I (VOL. 388-123, PG. 58) I I 15'WATER EASEMENT I' —(INST.NO.D21715283) LEGEND I I P.O.C.=POINT OF COMMENCING I I P.O.B.=POINT OF BEGINNING I I IRF-IRON ROD FOUND LINE TABLE IRFC=IRON ROD WITH CAP FOUND I I C.M.=CONTROLLING MONUMENT I I NO. BEARING LENGTH I I L13 SOo°26'51"E 15.00' I I L14 S89.33'09"W 20.00' EASEMENT ENCROACHMENT I I JAMES J. SCOTT SURVEY, I I L15 NOO'26'51"W 15.00' ABSTRACT NO. 1449 I I L16 N89.33-09-E 1 20.00' CITY OF FORT WORTH, I I TARRANT COUNTY, TEXAS I I I I Kimlev* Horn 801 Cherry Street,Unk 11.r1300 Ttl.N0.[gi 1 535-55 s 1 Fort Worth,Texas 76102 FIRM#10194040 '++.+•.l 111 hari.ca S� 1 Ce.01Wk3W W 2& PMlit Ho 1'•60' JBH MCB 12/82019 081282815 7 t]F 7 Iro kR.BRRNNIYwf)lL3Ia-10ANkTTWSURVEYW5i2W'5FC4tTWCRTH90UYH-WATTS0WG10d1282515-TMTWORTItSOtITIMATTSFXESMTFNCR_9L744G LEGAL DESCRIPTION EASEMENT ENCROACHMENT BEING a 300 square foot (0.0069 acre) tract of land situated in the James J. Scott Survey, Abstract No. 1449, City of Fort Worth, Tarrant County, Texas; said tract being part of that tract of land described in Special Warranty Deed to Fort Worth Everman/Risinger Development, LLC described in Instrument No. D217118440, Official Public Records of Tarrant County, Texas; said tract being more particularly described as follows: COMMENCING at a brass disk found in the west right-of-way line of South Freeway (a variable width right-of-way), and being easternmost southeast corner of said Fort Worth Everman/Risinger Development, LLC tract; THENCE South 89041'16" West, along the said west right-of-way line of South Freeway, a distance of 141.49 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" found at the north end of a right-of-way corner clip at the intersection of the said west right-of-way line of South Freeway and the north right-of-way line of Burleson Cardinal Road; THENCE South 44034'16" West, along said right-of-way corner clip, a distance of 15.85 feet to a 5/8-inch iron rod with plastic cap stamped "KHA"found; THENCE departing said right-of-way corner clip, South 89°32'07"West, a distance of 38.54 feet to a point; THENCE North 0027'53"West, a distance of 15.00 feet to the POINT OF BEGINNING; THENCE South 89°32'07"West, a distance of 20.00 feet to a point for corner; THENCE North 0027'53"West, a distance of 15.00 feet to a point for corner; THENCE North 89°32'07" East, a distance of 20.00 feet to a point for corner; THENCE South 0027'53" East, a distance of 15.00 feet to the POINT OF BEGINNING and containing 300 square feet or 0.0069 acres of land. NOTES: Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202). A survey plat of even survey date herewith accompanies this metes and bounds description. The undersigned, Registered Professional Land Surveyor, hereby certifies that foregoing description accurately sets out the metes and bounds of the easement encroachment tract. EASEMENT ENCROACHMENT JAMES J. SCOTT SURVEY, �P� �S E••r • ABSTRACT NO. 1449 MICHAEL C. BILLINGSLEY Co....•� �� '•• CITY OF FORT WORTH, REGISTERED PROFESSIONAL ••• ...:....................0...... TARRANT COUNTY, TEXAS LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY 801 CHERRY STREET, UNIT 11 SUITE 1300 '; . 6558 Per Kimlev* Horn FORT WORTH, TEXAS 76102 l9>f E S S�� ''o� PH. 817-335 -6511 -6511 �L�'••S•U•R Ey Fort Worth Texas 76102 eet,Unit 11,#130IRM#10194040 Twww.kirney-homscorn michael.billingsley@kimley-horn.com s=e Drawnbv Checkedbv Date ProiectNo. She_etNo,N/A JBH MCB 1/20/2020 1 061282615 1 OF 2 HOPPER,BRADIN 1/22/2020 6:51 PM K:\FTW_SURVEY\061282615-FORT WORTH SOUTH-WATTS\DWG\061282615-FORT WORTH SOUTH-WATTS_EX_ESMT ENCR_DRAIN.DWG I' LEGEND II I P.O.C.=POINT OF COMMENCING _ P.O.B.=POINT OF BEGINNING NORTH IRFC=IRON ROD WITH CAP FOUND Z I I BDF=BRASS DISK FOUND O I I I C.M.=CONTROLLING MONUMENT 100 200 10'TEXAS 0 I ELECTRIC SERVICE-/ COMPANY EASEMENT GRAPHIC SCALE IN FEET Q I I I (VOL.6689, PG.455) LOT 1 R-1, BLOCK 1 LONE STAR SUBDIVISION Q I I (VOL. 388-123, PG. 58) U a — - ---- -- -- -- -- ——— = j L — PART OF F— > J LL W I 1 STORMWATER FACILITY FORT WORTH 0 LL! FL Z a MAINTENANCE AGREEMENT EVERMAN/RISINGER W _ cM Fn 0 I (INST.NO.D217158591) DEVELOPMENT, LLC U) > O pip (INST. NO. D217118440) LL Q o I I 0.0069 ACRES QI I 60'PUBLIC ACCESS EASEMENT 300 SQ. FT. P.0.C. = I I (PROPOSED) RIGHT-OF-WAY N89°32'07"E BDF (C.M.) DEDICATION 20.00 o I I (PROPOSED) NO°27'53"W S0°28'33"E 5/8"IRFC 15.00' 1 S9*41 "KHA"(C.M.) 5/8"IRFC 141.4 ' 141.49' _ — —— —— "KHA"(C.M.) JAMES J. SCOTT SURVEY ABSTRACT NO. 1449 S44°34'16"W _ DRAINAGE EASEMENT 15.85' 3/4"IRF (PROPOSED) 5/8"IRFC GEORGE HAMILTON SURVEY-ABSTRACT NO. 751Cm .M') S89032'06"W "KHA"(C.M.) CALLED 83.068 ACRES 20.00' S89°32'07"W TCRG OPPORTUNITY XV, L.L.C. LOT 3, BLOCK 1 38.54' (INST. NO. D217109969) OWYER ADDITION P.O.B. BURLESON I (CAB. B, SL. 457) CARDINAL ROAD I "°°27'53"W 15.00' NOTES: Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202). A metes and bounds description of even survey date herewith accompanies this survey plat. The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey plat accurately sets out the metes and bounds of the easement encroachment tract. EASEMENT ENCROACHMENT JAMES J. SCOTT SURVEY, oF ray ABSTRACT NO. 1449 MICHAEL C. BILLINGSLEY �:�• �•'••�' CITY OF FORT WORTH, REGISTERED PROFESSIONAL *'• •' ...........................:... TARRANT COUNTY, TEXAS LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY 801 CHERRY STREET, •••••••••••••••••••••••'••••••• UNIT 11 SUITE 1300 '; 0 6558 Pam::• Kimlev* Horn FORT WORTH, TEXAS 76102 �9 '�oF E S �'o� ••'••......••'•!•`� 801 Cherry Street,Unit 11,#1300 Al Tel.No.(817)335-6511 PH. 817-335-6511 Q S U R v C Fort Worth,Texas 76102 FIRM#10194040 ww Aimley-hom.com michael.billingsley@kimley-horn.com Scale Drawn bV I Checked by Date I Proiect No. I Sheet No. 1"=200' JBH MCB 1/20/2020 061282615 2OF2 HOPPER,BRADIN 1/22/2020 6:51 PM K:\FTW SURVEY\061282615-FORT WORTH SOUTH-WATTS\DWG\061282615-FORT WORTH SOUTH-WATTS—EX ESMT ENCR DRAIN.DWG