HomeMy WebLinkAboutContract 53630 CITY SECRETARY
o CONTRACT NO. ( 3 y
EASEMENT ENCROACHMENT LICENSE AGREEMENT
Commercial
v
THIS AGREEMENT is made and entered into by and between THE CITY OF
FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"),
acting by and through its duly authorized City Manager, Assistant City Manager, or
Development Services Director, and CRP-GREP ELAN GOLDEN TRIANGLE
OWNER, LP, a limited partnership ("Licensee"), owner of the real property located at
5601 and 5745 Golden Triangle Blvd, Fort Worth, Texas 76244 ("Property"), acting
by and through its duly authorized Vice 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 installation of
private water lines, wastewater lines, and metal fencing (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.
2.
CST' SECRE"-AM
Easement Encroachment Agreement-Commercial Page 1 of 13
Revised 112020
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
restore the Easement, Licensee hereby gives the City permission to remove the
Easement Encroachment Agreement-Commercial Page 2 of 13
Revised 1/2020
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
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
Easement Encroachment Agreement-Commercial Page 3 of 13
Revised 1/2020
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, OF WHATSOEVER HIND 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.
11.
Easement Encroachment Agreement-Commercial Page 4 of 13
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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.
17.
Easement Encroachment Agreement-Commercial Page 5 of 13
Revised 1/2020
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]
rFT.
= CL'
City: Y SECRETARY
CITY OF FORT WORTH WORTH, 7X
Easement Encroachment Agreement-Commercial Page 6 of 13
Revised 1/2020
City:
CITY OF FORT WORTH
By:
D.J. Harrell, Interim Director
Development Services
Date: IVA
y 2 v
ATTEST: Approved As To Form and Legality
ity Secretary Matthew Murray
Assistant City Attorney
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of contract, including ensuring all performance
d re rting requirements.
Janie S. Morales
Development Manager
CITY 5ECRE`�AI
FT
Easement Encroachment Agreement-Commercial Page 7 of 13
Revised 1/2020
Licensee:
CRP-GREP Elan Golden Triangle Owner, L.P.
a Delaware limited partnership
By: CRP-GREP Elan Golden Triangle GP, L.L.C.
a Delaware limited liability company
its general partner
By: CRP-GREP Elan Golden Triangle, L.L.C.
a Delaware limited liability company
its sole member
By: GS Elan Golden Triangle Holdings, LLC
a Delaware limited liability company
its authorized member
By:_Name: Lance Lance anna
Title: Vice President
E
IF WORTHCO40
ETARY
TX
Easement Encroachment Agreement-Commercial Page 8 of 13
Revised 1/2020
1 ' 1 1 '1 1 ' Lrronm
I&IJK911101fty�
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�I l h day of
, 20�.
of ry Publi i and for t e State of Texas ,o�;aYPu JENNIFER LOUISE EZERNACK
s ,
?20
r :Notary Public, State of Texas
y, + Comm.Expires 03-01-2024
''��i Notary ID 130661630
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
FT. WORTH, TX
Easement Encroachment Agreement-Commercial Page 9 of 13
Revised 112020
STATE OF `rC— S §
COUNTY OF bw-LA: §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
TC-\A S , on this day personally appeared Lance Hanna, Vice President of GS Elan
Golden Triangle Holdings, LLC, a limited liability company, the authorized member of
CRP-GREP Elan Golden Triangle, LLC, a limited liability company, the sole member of
CRP-GREP Elan Golden Triangle GP, LLC, a limited liability company, the general
partner of CRP-GREP Elan Golden Triangle Owner, LP, a limited partnership 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 CRP-GREP Elan Golden Triangle Owner, LP, a
limited partnership, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of Ai-r
20
TINA MARIE CASE
Notary ID#4801147
Notary Public in and for the s� My Commission Expires
'nor June 27, 2022
State of:
OFFMAL RECORD
CITY SECRETARY
ET WORTK, 7X
Easement Encroachment Agreement-Commercial Page 10 of 13
Revised 1/2020
EXHIBIT A
Map of Easement and Encroachment
Easement Encroachment Agreement-Commercial Page 11 of 13
Revised 1/2020
Exhibit A
KELLER HICKS ROAD
r� (A VARIABLE WIDTH RIGHT-OF-WAY)
I I NORTH
I
0 100 200
I I I I I � -
1 GRAPHIC SCALE IN FEET
LOT 7, BLOCK 1
I KEY MAP
GOLDEN TRIANGLE
CROSSING ADDITION
TRACT 1 DOC.NO.
0.1428 ACRES I O.P.R.T.C.T.
6,219 SQ. FT.
.. :.. ..
TRACT 2
0.0046 ACRES
100'TEXAS POWER& 200 SQ. FT. _ .. .
LIGHT COMPANY EASEMENT
VOL.6166,PG.59,D.R.T.C.T. 20'SANITARY SEWER EASEMENT
' VOL.14266,PG.161,D.R.T.C.T.
TRACT 3
0.0092 ACRES
I 400 SQ. FT.
}
I1
I` I
II
i
TRACT 4 ( I
I I 0.0074 ACRES
-- - - - -- - - 323 SQ. FT.
GOLDEN TRIANGLE BOULEVARD
(A 120-FOOT RIGHT-OF-WAY)
VOL.6639,PG.614
r —
VOL.6639,PG,616 ENCROACHMENT
AGREEMENT AREA
J. BILLINGSLEY SURVEY,
ABSTRACT NO. 70
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
NOTES:
Bearing system based the Texas Coordinate Kimley))) Horn
System of 1983, North Central Zone (4202), North
American Datum Of 1983. 13455 Noel Road,Two Galleria Office Tel.No.(972)770.1300
Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239.3820
Background parking&drive isles, shown hereon are Scale Drawn by Checked by I Date I Project No. Sheet No.
proposed and shown for informational purposes only.
1"=200' MSM DJD MAR.2020 1 067771659 15 OF 12
MATHERNE,MARK 3/2/2020 10'.37 AM K:\DAL SURVEY1067771659-GREYSTAR GOLDEN TRIANGLE\DWG\067771659-GREYSTAR GOLDEN TRIANGLE_ENCR AGREEMENTA-TRACTS.DWG
N89°52'19"E I TRACT 5 I ROGER KENYON
52.28' I CHICO, LTD 2014 TRUST
1/2"IRF ` I DOC.NO. DOC.NO. D214070593 I
(CM) D208221782 O.P.R.T.C.T.
P.O.�. _ O.P.R.T.C.T.
TRACTS 1,2,&3 I N "KHA"
28.00'
N89°52'19"E
P.C .B. wx
m
TRACT 1 N89055'02"E
20.00' I'll IRF
GATE METAL FENCE 1/2"IRF
TRACT 6
CHICO,LTD
DOC.NO. D218221782
O.P.R.TIIC.T.
N - 20'SANITARY SEWER EASEMENT NORTH
VOL.14266,PG.161,D.R.T.C.T.
0�0 1 00'TEXAS POWER& 0 so
rn LIGHT COMPANY EASEMENT
al VOL.6166,PG.59,D.R.T.C.T.
Z GRAPHIC SCALE�14FEET
EX 18"SS LINE -
METAL FENCE ALONG
WEST EASEMENT LINE
LOT 7, BLOCK 1 `
GOLDEN TRIANGLE
o CROSSING ADDITION
c i DOC.NO.
TRACT 1 "' O.P.R.T.C.T.
0.1428 ACRES w
6,219 SQ. FT. P 1.0
80
0 a
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Z U)
1/2"IRF
(CM)
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.. .._.. /....
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�•• METAL FENCE ALONG w-w
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SECTION N S89°55'02"W ;
20.00' ENCROACHMENT
.111111111121iAGREEMENT AREA
NOTES: MATCH LINE (SEE SHEET 7) J. BILLINGSLEY SURVEY,
Bearing system based on the Texas Coordinate System of 1983, ABSTRACT NO. 70
North Central Zone(4202),North American Datum of 1983. CITY OF FORT WORTH,
Background parking, drive isles, water & storm pipes shown
hereon are proposed and shown for informational purposes only. TARRANT COUNTY, TEXAS
LEGEND Kimlpy* H o rnSS=SANITARY SEWER
P.O.C.=POINT OF COMMENCING
P.O.B.=POINT OF BEGINNINGRFC=IRON ROD W/CAP FOUND 13455 Noel Road,Two Galleria Tel.No.(972)770-1300
IRF=IRON ROD FOUND Tower,Suite 700,Dallas,Texas 75240 FIRM*101'15500 Fax No.(972)239-3820
0*R.T.C.T.=DEED RECORDS OF TARRANT COUNTY,TEXAS S�lele Drawn by Checked by Date Project No. Sheet No.
0 P.R.T.C.T.=OFFICIAL PUBLIC RECORDS,TARRANT COUNTY,TEXAS 1776 MSM OJD 1 MAR.2020 1 067771659 601`12
MATHERNE,MARK 3/2/2020 10:37 AM K:\DAL_SURVEY\067771659-GREYSTAR GOLDEN TRIANGLE\DWG\067771659-GREYSTAR GOLDEN TRIANGLE_ENCR AGREEMENT-4-TRACTS.DWG
MATCH LINE (SEE SHEET 6)
o N89°55'02"E TRACT 2 "
:.. P.O.B. ^ I 20.00' 0.0046 ACRES
TRACT 2 200 SQ. FT.
12"HDPE STORM
N0°04'58"W
3 10.00' I S0°04'58"E 3
S89°55'02"W 10.00' E `�
SECTION
20.00' 20'SANITARY SEWER EASEMENT
jw 2; VOL. 14266,PG. 161,D.R.T.C.T. 3
Ex.1e ss LINE' I 100'TEXAS POWER& r.
w LIGHT COMPANY EASEMENT —"—
x ; I VOL.6166,PG.59,D.R.T.C.T.
lID
_ u
P. B.
w - N89°55'02"E
TRACT s of 20.00' LOT 7, BLOVGLE
GOLDEN TRIN0°04'58"W L + - CROSSING A20.00' o DOC.NO.
SO 04 58 E O.P.R.T.C"PVCWATER - µ�20.00'4"PVC WATER
_24"HDPE STORM1_ ss �; n � TRACT3
S89o55'02"W 0.0092 ACRES
SECTION 20.00" 400 SQ. FT.
3 3I
� I 3
ss
sro�oM F 111 ss
NORTH
1
0 30 60
--- ' Y --- GRAPHIC SCALE IN FEET '
20'SANITARY SEWER EASEMENT„
. _., VOL. 14266,PG. 161,D.R.T.C.T. 1 _...
am lm� 110111111111/Nuill
MATCH LINE (SEE SHEET 8)
ENCROACHMENT
AGREEMENT AREA
NOTES: J. BILLINGSLEY+ SURVEY,
Bearing system based on the Texas Coordinate System of 1983, ABSTRACT NO. /0
North Central Zone(4202),North American Datum of 1983. CITY OF FORT WORTH,
Background parking, drive isles, water & storm pipes shown
hereon are proposed and shown for informational purposes only. TARRANT COUNTY, TEXAS
LEGEND Ki m I e * H o r n
SS=SANITARY SEWER
P.O.C.=POINT OF COMMENCING
P.O.B.=POINT OF BEGINNING
ZC=IRON ROD W/CAP FOUND 13455 Noel Road,Two Galleria Office Tel.No.(972)770-1300
=IRON ROD FOUND Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3820
D.R.T.C.T.=DEED RECORDS OF TARRANT COUNTY,TEXAS Stele I Drawn by I Checked by I Date Project No. Sheet No.
O.P.R.T.C.T.=OFFICIAL PUBLIC RECORDS,TARRANT COUNTY,TEXAS 1"=60' MSM DJO MAR.2020 1 067771659 1 7 OF 12
MATHERNE,MARK 3/2/2020 10:37 AM K:\DAL_SURVEY\067771659-GREYSTAR GOLDEN TRIANGLE\DWG\067771659-GREYSTAR GOLDEN TRIANGLE_ENCR AGREEMENT-4-TRACTS.DWG
MATCH LINE (SEE SHEET 7)
A .
"SPOONER" _
L I
3 P LOT 7, BLOCK 1
I — GOLDEN TRIANGLE
CROSSING ADDITION
1 DOC.NO. _
'.. s O.P.R.T.C.T.
.s 100-TEXAS POWER&
I LIGHT COMPANY EASEMENT _— --
I VOL.6207,PG.680,D.R.T.C.T.
GOLDEN TRIANGLE CROSSING 20'SANITARY SEWER EASEMENT "
LOT 6,BLOCK 1 I VOL. 14266,PG. 161,D.R.T.C.T
DOC.NO. D2�18066624
O.P.R.TLIC.T.
-I ww —ww TRACT 4
ww—ww
I ""1 0.0074 ACRES
EX.18"SS LINE
I 7 323 SQ. FT.
N89°07'39"E
N1°50'24"W
15.58' 7? I I w w s
S'RO S1°50'24'E�W 25'EASEMENTNRESERVATION W-w
_ 16.69' BY REALTY CAPITAL GOLDEN TRIANGLE
—— — — —— VOL.14974,PG.27,D.R.T.C.T.
NO°46'06"E S87°41'27"E
5.00' 64.84' N1°50'24"W' ° — — —
_ ——— ——— —
1/2"IRFC I 20.05'
TRACT 4 P.O.B. N87°41'27"W 3 ...... _..
s 20.05' GOLDEN TRIANGLE BOULEVARD
TRACT4 SECTION (Al2CF:&TRIGHT-0E-WAy,
-W--'-------W W--_4 VOL.6639.PG.614
W---- --W W_--- VOL.6639,PG.618
W W
NORTH
0 30 60
ENCROACHMENT
GRAPHIC SCALE IN FEET AGREEMENT AREA
NOTES: J. BILLINGSLEY+ SURVEY,
Bearing system based on the Texas Coordinate System of 1983, ABSTRACT NO. 70
North Central Zone(4202),North American Datum of 1983. CITY OF FORT WORTH,
Background parking, drive isles, water & storm pipes shown
hereon are proposed and shown for informational purposes only. TARRANT COUNTY, TEXAS
LEGEND Kimley))) Horn
SS=SANITARY SEWER
P.O.C.=POINT OF COMMENCING
P.O.B.=POINT OF BEGINNING
IRFC=IRON ROD W/CAP FOUND 13455 Noel Road,Two Galleria Office Tel.No.(972)770-1300
IRF=IRON ROD FOUND Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3820
D.R.T,C.T.=DEED RECORDS OF TARRANT COUNTY,TEXAS S�lele Drawn by Checked by Date Project No. Sheet No.
O.P.R.T.C.T.=OFFICIAL PUBLIC RECORDS,TARRANT COUNTY,TEXAS V.=60' MSM D,ID MAR.2020 1 067771659 1 8 OF 12
MATHERNE,MARK M12020 10.37 AM K:\DAL_SURVEY\067771659-GREYSTAR GOLDEN TRIANGLE\DWG\067771659-GREYSTAR GOLDEN TRIANGLE_ENCR AGREEMENT-4-TRACTS.DWG
710
291 LF OF'METAL FENCE ALONG
WEST LINE F 20'WIDE EASEMENT
6'HT.GATE/ GATE AT FENCE POSTS
FENCE LINE SIDEWALK @ 8'O.C.(TYP.)
705 I I I I I I I I
I
BRICK COLUMNS I I
I WITH CONCRETE FOOTINGS I 1 f
I I III III 1I I1II1
111I I1 1I FII1 NISI1H G
11R AD11 E
EXISTINGG RII11A DE
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ENCROACHMENT
AGREEMENT AREA
ENCROACHMENT Kimley))) Horn
AGREEMENTAREA 13455 Noel Road,Two Galleria Once Tel.No.(972)770-1300
Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3820
PROFILESScale by Checked by Date Project No. Sheet No.
1"=40'H,4'V MSM JKL FEB.2020 067771659 9 OF 12
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710
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ENCROACHMENT
AGREEMENT AREA
ENCROACHMENT Kimley))) Horn
AGREEMENTAREA 13455 Noel Road,Two Galleria ORce Tel.No (972)770-1300
Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3820
PROFILESScale Drawn by Checked by DateProject No Sheet No.
1"=40'H,4'V MSM JKL FEB.2020 1 067771659 10 OF 12
MATHERNE,MARK 2/28/2020 12:09 PM K:\DAL—CIVIL\067771659-OVERTURE GOLDEN TRIANGLE\CAD\PLANSHEETS\PRIVATE PLANS\EXH-SSWR-PROF-PRVT-ENCRA-TRACTS.DWG
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SECTION 3 - TRACT 3 SECTION 2 - TRACT 2
ENCROACHMENT ENCROACHMENT
AGREEMENT AREA AGREEMENT AREA
ENCROACHMENT Kim1py))) Horn
AGREEMENTAREA 13455 Noel Road,To Galleria O Tel.No.(972)770-1300
Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3820
PROFILESStele I Drawn by Checked by I Date I Protect No. I Sheet No.
1"=40'H,4'V I MSM JKL FEB.2020 1 067771659 1 11 OF 12
MATHERNE,MARK 2/28/2020 12:09 PM K:\DAL—CIVIL\067771659-OVERTURE GOLDEN TRIANGLE\CAD\PLANSHEETS\PRIVATE PLANS\EXH-SSWR-PROF-PRVT-ENCR-4-TRACTS.DWG
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L1+00
SECTION 4 - TRACT 4
ENCROACHMENT
AGREEMENT AREA
ENCROACHMENT Kimley))) Horn
AGREEMENTAREA 13455 Noel Road,Two Galleria Office Tel.No.(972)770.1300
Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3820
PROFILESScale Drawn by I Checked by Date I Project No. I Sheet No.
1"=40'H,4'V MSM JKL FEB.2020 067771659 12 OF 12
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EXHIBIT B
Certificate of Insurance
Easement Encroachment Agreement-Commercial Page 12 of 13
Revised 1/2020
Attachment Code: D572447 Master ID: 1470955,Certificate ID: 16606235
Policy Number Coverages Insured and Limits NAIC#
03112220 Excess Liability$10,000,000 xs Allied World Assurance Company(U.S.)Inc. 19489
Primary
Each Occurrence $10,000,000
Other Aggregate $10,000,000
Products/Completed Operations $10,000,000
Aggregate
S18XC5004400 Excess Liability$15,000,000 xs HCC Specialty Insurance Company 11243
$10,000,000
Each Occurrence $15,000,000
Aggregate,where applicable $15,000,000
Products/Completed Operations $15,000,000
Aggregate
UCXD54643900 Excess Liability$25,000,000 xs HDI Global Insurance Company 41343
$25,000,000
Each Occurrence $25,000,000
Aggregate,where applicable $25,000,000
Products/Completed Operations $25,000,000
Aggregate
EXHIBIT C
Metes and Bounds or Location Description of the Property
Easement Encroachment Agreement-Commercial Page 13 of 13
Revised 1/2020
Exhibit C
TRACT 1
FIELD NOTE DESCRIPTION
6,219 SQUARE FEET
BEING a tract of land situated in the J. Billingsley Survey, Abstract No. 70, City of Fort Worth, Tarrant County, Texas
and being part of Lot 7, Block 1, Golden Triangle Addition, an addition to the City of Fort Worth, Texas, according to
the plat thereof recorded in Document No. , Official Public Records, Tarrant County, Texas
(O.P.R.T.C.T.), and being more particularly described as follows:
COMMENCING at a 1/2-inch iron rod found for the most northerly northwest corner of said Lot 7;
THENCE with the north line of said Lot 7, North 89°52'19" East, a distance of 52.28 feet to a point for corner, from
which a 5/8-inch iron rod with plastic cap stamped "KHA" found for corner bears North 89'52'19" East, a distance of
28.00 feet;
THENCE departing said north line, over and across said Lot 7, the following courses and distances:
South 0°04'58" East, with the west line of a 20-foot sanitary sewer easement described to the City of Fort Worth,
in the deed recorded in Volume 14266, Page 161, Deed Records, Tarrant County, Texas, a distance of 93.22
feet to the POINT OF BEGINNING;
North 89°55'02" East, crossing said 20-foot sanitary sewer easement, a distance of 20.00 feet to a point for
corner in the east line of said 20-foot sanitary sewer easement;
South 0°04'58" East, with said east line, a distance of 311.02 feet to a point for corner;
South 89°55'02" West, crossing said 20-foot sanitary sewer easement, a distance of 20.00 feet to a point for
corner in the west line of said 20-foot sanitary sewer easement;
North 0°04'58"West, with said west line, a distance of 311.02 feet to the POINT OF BEGINNING and containing
6,219 square feet or 0.1428 acres of land.
Note:
Bearing system based on the Texas Coordinate System of 1983,
North Central Zone(4202), North American Datum of 1983.
PRELIMINARY ENCROACHMENT
THIS DOCUMENT SHALL AGREEMENT AREA
NOT BE RECORDED FOR
ANY PURPOSE AND J. BILLINGSLEY SURVEY,
SHALL NOT BE USED OR ABSTRACT NO. 70
VIEWED OR RELIED CITY OF FORT WORTH,
UPON AS A FINAL
SURVEY DOCUMENT TARRANT COUNTY, TEXAS
DAVID J. De WEIRDT Kimlpy* H or n
REGISTERED PROFESSIONAL 13455 Noel Road,Two Galleria Tel.No.(972)770-1300
LAND SURVEYOR NO. 5066 Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3620
Scale Drawn by I Checked by I Date I Project No. I Sheet No.
david.deweirdt@kimley-horn.com N/A MSM DJD MAR,2020 1 067771659 1 1 OF 12
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TRACT 2
FIELD NOTE DESCRIPTION
200 SQUARE FEET
BEING a tract of land situated in the J. Billingsley Survey, Abstract No. 70, City of Fort Worth, Tarrant County, Texas
and being part of Lot 7, Block 1, Golden Triangle Addition, an addition to the City of Fort Worth, Texas, according to
the plat thereof recorded in Document No. , Official Public Records, Tarrant County, Texas
(O.P.R.T.C.T.), and being more particularly described as follows:
COMMENCING at a 1/2-inch iron rod found for the most northerly northwest corner of said Lot 7;
THENCE with the north line of said Lot 7, North 89052'19" East, a distance of 52.28 feet to a point for corner, from
which a 5/8-inch iron rod with plastic cap stamped "KHA" found for corner bears North 89°52'19" East, a distance of
28.00 feet;
THENCE departing said north line, over and across said Lot 7, the following courses and distances:
South 0°04'58" East, with the west line of a 20-foot sanitary sewer easement described to the City of Fort Worth,
in the deed recorded in Volume 14266, Page 161, Deed Records, Tarrant County, Texas, a distance of 476.27
feet to the POINT OF BEGINNING;
North 89055'02" East, crossing said 20-foot sanitary sewer easement, a distance of 20.00 feet to a point for
corner in the east line of said 20-foot sanitary sewer easement;
South 0°04'58" East, with said east line, a distance of 10.00 feet to a point for corner;
South 89°55'02" West, crossing said 20-foot sanitary sewer easement, a distance of 20.00 feet to a point for
corner in the west line of said 20-foot sanitary sewer easement;
North 0004'58" West, with said west line, a distance of 10.00 feet to the POINT OF BEGINNING and containing
200 square feet or 0.0046 acres of land.
Note:
Bearing system based on the Texas Coordinate System of 1983,
North Central Zone(4202), North American Datum of 1983.
ENCROACHMENT
AGREEMENT AREA
J. BILLINGSLEY SURVEY,
ABSTRACT NO. 70
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
Kirnley))) Horn
13455 Noel Road,Two Galleria Once Tel.No.(972)770-1300
Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3820
Stele I Drawn by I Checked by I Date I Project No. ISheet No.
N/A MSM DJD MAR.2020 067771659 2 OF 12
MATHERNE,MARK 3121202010:36 AM K:\DAL_SURVEY\067771659-GREYSTAR GOLDEN TRIANGLE\DWG\067771659-GREYSTAR GOLDEN TRIANGLE ENCR AGREEMENT-4-TRACTS.DWG
TRACT 3
FIELD NOTE DESCRIPTION
400 SQUARE FEET
BEING a tract of land situated in the J. Billingsley Survey, Abstract No. 70, City of Fort Worth, Tarrant County, Texas
and being part of Lot 7, Block 1, Golden Triangle Addition, an addition to the City of Fort Worth, Texas, according to
the plat thereof recorded in Document No. , Official Public Records, Tarrant County, Texas
(O.P.R.T.C.T.), and being more particularly described as follows:
COMMENCING at a 1/2-inch iron rod found for the most northerly northwest corner of said Lot 7;
THENCE with the north line of said Lot 7, North 89°52'19" East, a distance of 52.28 feet to a point for corner, from
which a 5/8-inch iron rod with plastic cap stamped "KHA" found for corner bears North 89°52'19" East, a distance of
28.00 feet;
THENCE departing said north line, over and across said Lot 7, the following courses and distances:
South 0°04'58" East, with the west line of a 20-foot sanitary sewer easement described to the City of Fort Worth,
in the deed recorded in Volume 14266, Page 161, Deed Records, Tarrant County, Texas, a distance of 636.75
feet to the POINT OF BEGINNING;
North 89°55'02" East, crossing said 20-foot sanitary sewer easement, a distance of 20.00 feet to a point for
corner in the east line of said 20-foot sanitary sewer easement;
South 0004'58" East, with said east line, a distance of 20.00 feet to a point for corner-,
South 89055'02" West, crossing said 20-foot sanitary sewer easement, a distance of 20.00 feet to a point for
corner in the west line of said 20-foot sanitary sewer easement;
North 0004'58"West, with said west line, a distance of 20.00 feet to the POINT OF BEGINNING and containing
400 square feet or 0.0092 acres of land.
Note:
Bearing system based on the Texas Coordinate System of 1983,
North Central Zone (4202), North American Datum of 1983.
ENCROACHMENT
AGREEMENT AREA
J. BILLINGSLEY SURVEY,
ABSTRACT NO. 70
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
Kirnjpy))) Horn
13455 Noel Road,Two Galled Tel.No.(972)770-1300
Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3620
Scale I Drawn by Checked by Date Project No. Sheet No.
NIA MSM DJD MAR.2020 1067771659 3 OF 12
MATHERNE,MARK 3/2/2020 10:36 AM K:\DAL_SURVEYk067771659-GREYSTAR GOLDEN TRIANGLE\DWG\067771659-GREYSTAR GOLDEN TRIANGLE_ENCR AGREEMENT-4-TRACTS.DWG
TRACT 4
FIELD NOTE DESCRIPTION
323 SQUARE FEET
BEING a tract of land situated in the J. Billingsley Survey, Abstract No. 70, City of Fort Worth, Tarrant County, Texas
and being part of Lot 7, Block 1, Golden Triangle Addition, an addition to the City of Fort Worth, Texas, according to
the plat thereof recorded in Document No. , Official Public Records, Tarrant County, Texas
(O.P.R.T.C.T.), and being more particularly described as follows:
COMMENCING at a 1/2-inch iron rod with cap stamped "Spooner" found for the most southerly southwest corner of
said Golden Triangle Addition, and being in the north line of Golden Triangle Boulevard, a 120-foot right-of-way at
this point;
THENCE with the west line of said Golden Triangle Addition, North 0°46'06" East, a distance of 5.00 feet to a point
for the southwest corner of said Lot 7;
THENCE with the south line of said Lot 7, South 87°41'27" East, a distance of 64.84 feet to a point for corner;
THENCE over and across said Lot 7, the following courses and distances:
North 1°50'24" West, with the west line of a 20-foot sanitary sewer easement described to the City of Fort Worth,
in the deed recorded in Volume 14266, Page 161, Deed Records, Tarrant County, Texas (D.R.T.C.T.), a
distance of 20.05 feet to a point being on the north line of a 25' Easement Reservation, recorded in Volume
14974, Page 27, D.R.T.C.T., and being the POINT OF BEGINNING;
North 1°50'24" West, continuing with said west line of 20-foot sanitary sewer easement, a distance of 15.58 feet
to a point for corner;
North 89°07'58" East, crossing said 20-foot sanitary sewer easement, a distance of 20.00 feet to a point for
corner being on the east line of a said 20-foot sanitary sewer easement;
South 1°50'24" East, with said east line of 20-foot sanitary sewer easement, a distance of 16.69 feet to a point
for corner being on said north line of the 25' Easement Reservation;
North 87°41'27" West, with said north line of the 25' Easement Reservation, a distance of 20.05 feet to the
POINT OF BEGINNING and containing 323 square feet or 0.0074 acres of land.
Note:
Bearing system based on the Texas Coordinate System of 1983,
North Central Zone (4202), North American Datum of 1983.
ENCROACHMENT
AGREEMENT AREA
J. BILLINGSLEY SURVEY,
ABSTRACT NO. 70
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
Kirnley))) Horn
13455 Noel Road,Two Galleria Office Tel.No.(972)770-1300
Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3620
Stele Drawn by I Checked by I Date Proiecl No. Sheet No.
N/A MSM DJD MAR.2020 1 067771659 4OF 12
MATHERNE,MARK=12020 10.37 AM KADAL SURVEY\067771659-GREYSTAR GOLDEN TRIANGLE\DWG1067771659-GREYSTAR GOLDEN TRIANGLE ENCR AGREEMENT-4-TRACTS.DWG