HomeMy WebLinkAboutContract 53631 CITY SECRETARY
CONTRACT NO. �
��' °Qy EASEMENT ENCROACHMENT LICENSE AGREEMENT
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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 OVERTURE 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 and wastewater lines (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. OFFICIAL RECORD'
CITY SECRETAP
Easement Encroachment Agreement-Commercial FT. W Gib
024a----__i
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 KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION
WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION,
MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE
ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT
CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND
LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR
SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL
LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR
ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT
OF OR IN CONNECTION WITH THE ENCROACHMENTS AND ANY AND
ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES, OR INVITEES.
10.
While this Agreement is in effect, Licensee agrees to furnish City with a
Certificate of Insurance naming City as certificate holder as proof that it has secured and
paid for a policy of public liability insurance covering all public risks related to the
proposed use and occupancy of public property as located and described in Exhibit A.
The amounts of such insurance shall be not less than
$1,000,000
with the understanding and agreement by Licensee that such insurance amounts may be
revised upward at City's option and that Licensee shall so revise such amounts
immediately following notice to Licensee of such requirement. Such insurance policy
shall not be canceled or amended without at least thirty (30) days prior written notice to
the Building Official of the City. A copy of such Certificate of Insurance is attached as
"Exhibit B" and incorporated herein for all purposes. Licensee agrees to submit a
similar Certificate of Insurance annually to the City on the anniversary date of the
execution of this Agreement.
Licensee agrees, binds, and obligates itself and its successors and assigns to
maintain and keep in force such public liability insurance at all times during the term of
this Agreement and until the removal of the Encroachment and the cleaning and
restoration of the Easement. All insurance coverage required herein shall include
coverage of all Licensee's contractors and subcontractors.
11.
Easement Encroachment Agreement-Commercial Page 4 of 13
Revised 1/2020
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]
City:
CITY OF FORT WORTH
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:. Iq Zo
FORT ,..
o. C
v`
ATTEST: *`�� j�'�,,.;�
Approved As To Form and Legality
City 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 this contract, including ensuring all performance
d re rting requirements.2t,
Janie S. Morales
Development Manager
OFFICIAL RECORD
CITY SECRETARY
FT WORTH, TX
Easement Encroachment Agreement-Commercial
L page;413—
Revised 1/2020
Licensee:
CRP-GREP Overture Golden Triangle Owner, L.P.
a Delaware limited partnership
By: CRP-GREP Overture Golden Triangle GP, L.L.C.
a Delaware limited liability company
its general partner
By: CRP-GREP AA Overture Golden Triangle, L.L.C.
a Delaware limited liability company
its sole member
By: GS AA Overture Golden Triangle Holdings, LLC
a Delaware limited liability company
its authorized member
By:
Name: ance H a
Title: Vice President
OFFICIAL RECORD
UTY ECQF ETA FL'
FT WORTH, `H
Easement Encroachment Agreement-Commercial Page 8 of 13
Revised 1/2020
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 nday of
JENNIFER LOUISE EZERNACK
1 { r `�J�gpPY PVe '
..a; G6_Notary Public,State of Texas
NOtjry Publiltin and for ffie State of exas 9: + Comm. Expires 03-01-2024
1,411111 Notery ID 130561630
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
CITY SECRETARY
FT. WORTH,TX
Easement Encroachment Agreement-Commercial Page 9 of 13
Revised 1/2020
STATE OF
COUNTY OF §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
on this day personally appeared Lance Hanna, Vice President of GS AA
Overture Golden Triangle Holdings, LLC, a limited liability company, the authorized
member of CRP-GREP AA Overture Golden Triangle, LLC, a limited liability company,
the sole member of CRP-GREP Overture Golden Triangle GP, LLC, a limited liability
company, the general partner of CRP-GREP Overture 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
Overture Golden Triangle Owner, LP, a limited partnership, and in the capacity therein
stated.
n^ _
GIVEN UNDER MY HAND AND SEAL OF OFFICE this.)-n day of
20 d .
Notary Public in and for the
iCP0.Y PL6^ TINA MARIE CASE
State of��� Notary ID#4801147
t My Commission Expires
June 27, 2022
roTn
UAL RECORD
SECRETARY
WORTH,TX
Easement Encroachment Agreement-Commercial Vag&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
(A VARIABLE WIDTH RIGHT-OF-WAY)
I I NORTH
I
I 0 100 200
GRAPHIC SCALE IN FEET
I I I LOT 7, BLOCK 1 KEY MAP
I
GOLDEN TRIANGLE
CROSSING ADDITION
DOC.NO.
O.P.R.T.C.T.
100'TEXAS POWER&
LIGHT COMPANY EASEMENT {
VOL.6166, PG.59,D.R.T.C.T. I I 20'SANITARY SEWER EASEMENT
VOL.14266,PG.161,D.R.T.C.T. 1
I
f
TRACT 1
_ 0.0053 ACRES
l
I 229 SQ. FT. -
_._""
II _. ..
II .
GOLDEN TRIANGLE BOULEVARD
(A 120-FOOT RIGHT-OF-WAY)
VOL.6639,PG.614
VOL.6639,PG.618 ENCROACHMENT
r - -
AGREEMENT AREA
J. BILLINGSLEY SURVEY,
ABSTRACT NO. 70
CITY OF FORT WORTH,
NOTES: TARRANT COUNTY, TEXAS
Bearing system based the Texas Coordinate Kimley))) Horn
System of 1983, North Central Zone (4202), North
American Datum of 1983. 13455 Noel Road,Two Galleda Ofce Tel.No.(972)77D-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 Date Project No. Sheet No.
proposed and shown for informational purposes only.
1"=200' MSM DJD MAR.2020 067771659 2 OF 5
MATHERNE,MARK 3/2/202010:38 AM K:\DAL_SURVEY\067771659-GREYSTAR GOLDEN TRIANGLE\DWG\067771659-GREYSTAR GOLDEN TRIANGLE_ENCR AGREEMENT-I-TRACT.DWG
N89°52'19"E I I I TRACT 5 I ROGER KENYON
52.28, t_ �KHA"
CHICO, LTD I 2014 TRUST
1/2"IRF DOC. NO. DOC. NO.D214070593
(DM) D208221782 I O.P.R.T.C.T.
O.P.R.T.C.T.
P.O.G. RF\TRACT12 .00' 9"E \
� I 28.00'
I \
� I 1/2"IRF —
I
GATE METAL FENCE 1/2"IRF
TRACT 6
CHICO, LTD
DOC. NO. D2 8221782
O.P.R.T.C.T.
20'SANITARY SEWER EASEMENT NORTH
I VOL. 14266,PG. 161,D.R.T.C.T.
100'TEXAS POWER& 0 0 60
LIGHT COMPANY EASEMENT
I VOL.6166,PG.59,D.R.T.C.T.
I- GRAPHIC SCALE N EET
I w METAL FENCE ALONG ------
bo I WEST EASEMENT LINE
I` LOT 7, BLOCK 1
U) � ° GOLDEN TRIANGLE
I CROSSING ADDITION
EX.18"SS LINE DOC.NO.
O.P.R.T.C.T.
L z
_ I
u
1/2"IRF
GATE AT I ,
p
- SIDEWALK BRICK COLUMN
8"PVCWATER_w—. w' w
4"PVCWATER W W w
ao
24"HDPE STORM 1. `
BRICK COLUMN
__ ...... METAL FENCE ALONG TE
s WEST EASEMENT LINE I s
sEc110N I i ENCROACHMENT
AGREEMENT AREA
NOTES: MATCH LINE (SEE SHEET 4) 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 DIN 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 scale Dray by I Checked by Date Project No. Sheet No.
O.P.R.T.C.T.=OFFICIAL PUBLIC RECORDS,TARRANT COUNTY,TEXAS 1"=60' MSM DJD MAR.2020 067771659 3 OF 5
MATHERNE,MARK 3/2/2020 10:38 AM K:\DAL_SURVEY\067771659-GREYSTAR GOLDEN TRIANGLE\DWG\067771659-GREYSTAR GOLDEN TRIANGLE_ENCR AGREEMENT-I-TRACT.DWG
MATCH LINE (SEE SHEET 3)
3
_........ a _ !. I \12"HDP TORM�.:, _........ a
: n
Ex.ta��ss uNE � 20'SANITARY SEWER EASEMENT
VOL. 14266,PG.161,D.R.T.C.T.
7
100'TEXAS POWER& r
W LIGHT COMPANY EASEMENT —
.E U) E VOL.6166,PG.59,D.R.T.C.T. W w
I u
LO
a ; I
LOT 7, BLOCK 1
GOLDEN TRIANGLE
0
CROSSING ADDITION
— I DOC.NO.
1
O.P.R.T.C.T.
8"PVC WATER
ww w "
s 4"PVC WATER -
a - n
_24"HDPE STORM_n s: ss n :...,..:;�...........:_..---
Zn +j
f s s
1 3 �
a
P.O.B. i _
S60.52-21"E
TRACT 1 72, ` 22.91' ,
h A ss ss ss ss u
sraRM F
p N0004'58"W SO°04'58"E _
; 3 f 11.46'
J 11.46' NORTH
'7
�._l .,.. .. ..
1 0 30 60
SECTION
N60°52'21"W"M TRACT 1
22 91'I _ 0.0053 ACRES GRAPHIC SCALE IN FEET
I �
229 SQ. FT.
20'SANITARY SEWER EASEMENT
0 V VOL. 14266,PG.161,D.R.T.C.T. J .._. :_..
I I
r —
ENCROACHMENT
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 Ki M1py))) Horn
SS=SANITARY SEWER
P.O.C.=POINT OF COMMENCING
P.O.B.=POINT OF BEGINNINGIRFC=IRON ROD W/CAP FOUND 13455 Noel Road,Two Galled 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 Scale Drawn by I Checked by I Date I Project No. Sheet No.
O.P.R.T.C.T.=OFFICIAL PUBLIC RECORDS,TARRANT COUNTY,TEXAS 1"=60' MSM DJD MAR.2020 067771659 4 OF 5
MATHERNE,MARK 3/2/2020 10:38 AM K:\DAL_SURVEY\067771659-GREYSTAR GOLDEN TRIANGLE\DWG\067771659-GREYSTAR GOLDEN TRIANGLE_ENCR AGREEMENT-I-TRACT.DWG
710 710
705 705
FINISH GRADE
700 700
EXISTING GRADE
12"ST CROSSING
INV:696.81
695 I I 695
f '
690 690
EX:18"SS @ 0.25% i f
I ,._ I f <
10'-WIDE _
685 ENCROACHMENTAREA 685
1
co i ao', co
_._ ,. I ( LL.
680 U_ U_ 680
LL LL U_
4+00 5+00
SECTION 1 — TRACT 1
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
PROFILEScale Drawn by Checked by Date Project No. Sheet No.
1"=40'H,4'V MSM JKL FED.2020 067771659 5 OF 5
MATHERNE,MARK 2/28/2020 11:33 AM K:\DAL—CIVIL\067771659-OVERTURE GOLDEN TRIANGLE\CAD\PLANSHEETS\PRIVATE PLANS\EXH-SSWR-PROF-PRVT-ENCR-I-TRACT.DWG
EXHIBIT B
Certificate of Insurance
Easement Encroachment Agreement-Commercial Page 12 of 13
Revised 1/2020
Attachment Code:D571760 Master ID: 1470950,Certificate ID: 16606244
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
_xhibit C
TRACT 1
FIELD NOTE DESCRIPTION
229 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 741.05
feet to the POINT OF BEGINNING;
South 60°52'21" East, crossing said 20-foot sanitary sewer easement, a distance of 22.91 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 11.46 feet to a point for corner;
North 60°52'21" West, crossing said 20-foot sanitary sewer easement, a distance of 22.91 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 11.46 feet to the POINT OF BEGINNING and containing
229 square feet or 0.0053 acres of land.
Note:
Bearing system based on the Texas Coordinate System of 1983,
North Central Zone (4202), North American Datum of 1983.
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