HomeMy WebLinkAboutContract 53634 '0 CITY SECRETARY
01414 CONTRACT NO..
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Gc�S�Q�a EASEMENT ENCROACHMENT LICENSE AGREEMENT
Commercial
THIS AGREEMENT (this "Agreement") is made and entered into by and
between THE CITY OF FORT WORTH, a home rule municipal corporation of Tarrant
County, Texas (the "City"), acting by and through its duly authorized City Manager,
Assistant City Manager, or Planning and Development Director, and R& S MILLER
FAMILY LIMITED PARTNERSHIP, a Texas limited partnership ("Licensee"),
owner of certain real property located at Golden Triangle Blvd and I-35W, Fort Worth,
Texas 76177 (the"Property"), acting by and through its duly authorized Manager.
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 hereto as "Exhibit C" and incorporated herein for
all purposes; and
WHEREAS, the City has (or will have) certain water easements and sewer
easements (collectively, 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 and grant certain easements 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 such
encroachments under the terms and conditions set forth in this Agreement.
NOW,THEREFORE,the City and Licensee agree as follows:
AGREEMENT
1.
The City, in consideration of the payment by Licensee of the fee set out below
and the 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 portions of the City's Easement as described in and at the locations shown on
Exhibit A attached hereto, but only to the extent shown thereon, for the purpose of
installing private water and sewer lines and granting easements for such lines
(collectively, 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 the City's Easement beyond what is specifically described in the exhi t s attached—
hereto. OFFICIAL RECORD
2. CITY SECRETARY
Easement Encroachment Agreement-Commercial R C-dAtH TX
C�v
All construction, maintenance, or operation in connection with the 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 9
Revised 12/2018
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; provided, however, upon the expiration of said
thirty (30) year term, and of each successive term of this Agreement, unless this
Agreement has theretofore been terminated by agreement of the parties, or otherwise, this
Agreement automatically shall be extended for successive periods of ten (10) years each.
However,this Agreement may be terminated upon Licensee's noncompliance with any of
the material terms of this Agreement as provided below. The City shall notify Licensee
in writing of any material noncompliance and if any such material noncompliance is not
cured within thirty (30) days, then the City may terminate this Agreement upon the
expiration of twenty (20) days following a further written notice by the City to Licensee,
unless such noncompliance is not susceptible to cure within thirty (30) days, in which
case this Agreement shall continue in full force and effect so long as Licensee
commences and takes such reasonable steps as are necessary to remedy the
noncompliance within thirty (30) days after written notice specifying the same, and
thereafter proceeds 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.
Easement Encroachment Agreement-Commercial Page 3 of 9
Revised 12/2018
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION
WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION,
MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE
ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT
CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND
LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR
SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL
LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR
ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT
OF OR IN CONNECTION WITH THE ENCROACHMENT 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 to the City, within
fifteen (15) days after receipt of a written request therefore, a Certificate of Insurance
naming the City as certificate holder as proof that Licensee 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 amount of
such insurance shall be not less than
$1,000,000
with the understanding and agreement by Licensee that such insurance amount may be
revised upward at the City's commercially reasonable option and that Licensee shall so
revise such amount within thirty (30) days following written notice by the City 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, within fifteen (15) days after receipt
of a written request therefore, a similar Certificate of Insurance annually to the City on
the anniversary date of the execution of this Agreement.
Licensee agrees, binds, and obligates itself and its successors and assigns to
maintain and keep in force such public liability insurance at all times during the term of
this Agreement and until the removal of the Encroachment and the cleaning and
restoration of the Easement. All insurance coverage required herein shall include
coverage of all Licensee's contractors and subcontractors.
Easement Encroachment Agreement-Commercial Page 4 of 9
Revised 12/2018
11.
Licensee agrees to deposit with the City when this Agreement is executed a
sufficient sum of money to be used to pay necessary fees to record this Agreement in the
real property records of Tarrant County, Texas. After being recorded, the original shall
be returned to the City Secretary of the City of Fort Worth.
12.
Licensee agrees to comply fully with all applicable federal, state, and local laws,
statutes, ordinances, codes, and regulations in connection with the construction,
operation, and maintenance of the Encroachment and uses.
13.
Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for
by this Agreement or by any federal, state, or local statute, law, or regulation.
14.
Licensee covenants and agrees that it is not, and it is not acting under this
Agreement as, an officer, agent, servant, or employee of City, and Licensee shall have
exclusive control of and the exclusive right to control the details of its operations, and all
persons performing same, and shall be solely responsible for the acts and omissions of its
officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees.
The doctrine of respondeat superior shall not apply as between City and Licensee, its
officers, agents, servants, employees, contractors, and subcontractors, and nothing herein
shall be construed as creating a partnership or joint enterprise between City and Licensee.
15.
Licensee agrees and acknowledges that this Agreement is solely for the purpose
of permitting Licensee to construct, maintain, and locate the Encroachment over or
within the Easement and is not a conveyance of any right, title, or interest in or to the
Easement, nor is it meant to convey any right to use or occupy property in which a third-
party may have an interest. Licensee agrees that it will obtain all necessary permissions
before occupying such property.
16.
In any action brought by the City for the enforcement of the obligations of the
Licensee,the City shall be entitled to recover interest and reasonable attorneys' fees.
Easement Encroachment Agreement-Commercial Page 5 of 9
Revised 12/2018
17.
The parties agree that the duties and obligations contained in Section 5 shall
survive the termination of this Agreement.
18.
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 Licensee
providing to the City written notice of such assignment.
19.
Any cause of action for breach of this Agreement shall be brought in Tarrant
County, Texas. This Agreement shall be governed by the laws of the State of Texas.
20.
This Agreement shall be binding upon the parties hereto and their successors and
assigns.
21.
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Easement Encroachment Agreement-Commercial Page 6 of 9
Revised 12/2018
City: Licensee:
CITY OF FORT WORTH R & S MILLER FAMILY LIMITED
PARTNERSHIP, a Texas limited
partnership
By: By: R & S Miller Investments, L.L.C.,
D.J. Harrell, Interim Director a Texas limited liability company,
Planning & Development its general partner
Date:
s 0%
w:; By:
Manager
2TE : U
(� te:
S/. ity Secretary Approved As To Form and Legality
Matthew Murr , 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
and reporting requirements.
Janie S. Morales
—t-Development Manager
R
FICIAL RECORDTY SECRETARYT. WORTH,TX
Easement Encroachment Agreement-Commercial Page 7 of 9
Revised 12/2018
' • 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 C6day of
ei /11
t1 2
JENNIFER LOUISE EZERNACK
`...PV�i��
� Notary Public,State of Texas
Nktry Publi 'in and for ffie State of Texas Comm.Expires 03-01.2024
Notary ID 130661630
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
fF
FFICIAL RECORD
ITY SECRETARY
T WORTH,`TX
Easement Encroachment Agreement-Commercial Page 8 of 12
Revised 1/2020
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
on this day personally appeared,?�ic�am V y l l 11 e y- ,
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 FW I-35 Logistics Center LLC, a limited
liability company, and in the capacity therein stated.
I '' GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
l�V , 20
Notary Public in and for th
State of Texas
NICOLE C. COURSEY
l� Vd i
Notary Public, State of Texas
y'•, c Comm. Expires 06-14-2023
!1#111� Notary ID 128642361
OFFICIAL RECORD
CITY SECRETARY
FT WORTH,TX
Easement Encroachment Agreement-Commercial Page 9 of 9
Revised 12/2018
EXHIBIT A
Metes and Bounds Legal Descriptions of the Encroachments,
together with
Maps of the Easements and the Encroachments
See the following seven (7) pages.
Easement Encroachment Agreement-Commercial Revised 1212018
LEGAL DESCRIPTION
TRACT 1
BEING a 94 square feet(0.0022 acre)tract of land situated in the William McCowen Survey,Abstract No. 999, City
of Fort Worth,Tarrant County, Texas, and being part of a tract of land described in Special Warranty Deed to R& S
Miller Family Limited Partnership recorded in Instrument No. D219088026 of the Official Public Records of Tarrant
County,Texas,said tract being more particularly described as follows:
COMMENCING at a 1/2-inch iron rod found at the intersection of the east right-of-way line of Harmon Road (an
apparent public right-of-way, no dedication found) and the south right-of-way line of Golden Triangle Boulevard (a
variable width right-of-way);
THENCE North 89e23'40" East, along the said south line of Golden Triangle Boulevard, a distance of 560.59 feet to
a 1/2-inch iron rod found for corner;
THENCE North 89e21'51" East, continuing along the said south line of Golden Triangle Boulevard, a distance
of 150.00 feet to a 5/8-inch iron rod with cap stamped "KHA" found for the northwest corner of said R & S Miller
Family Limited Partnership tract;
THENCE departing the said south right-of-way line of Golden Triangle Boulevard, South 0038'09" East, along the
west line of said R & S Miller Family Limited Partnership tract, a distance of 339.57 feet to the POINT OF
BEGINNING;
THENCE departing the said west line of R & S Miller Family Limited Partnership tract, North 89e22'55" East, a
distance of 6.25 feet to a point for comer;
THENCE South 0e38'09" East, a distance of 15.00 feet to a point for comer:
THENCE South 89e22'55" West, a distance of 6.25 feet to a point for corner in the said west line of R & S Miller
Family Limited Partnership tract;
THENCE North 0038'09"West, along the said west line of R&S Miller Family Limited Partnership tract,a distance of
15.00 feet to the POINT OF BEGINNING and containing 94 square feet or 0.0022 acres of land.
TRACT 2
BEING a 180 square feet(0.0041 acre)tract of land situated in the William McCowen Survey,Abstract No. 999, City
of Fort Worth, Tarrant County, Texas,and being part of a tract of land described in Special Warranty Deed to R& S
Miller Family Limited Partnership recorded in Instrument No. D219088026 of the Official Public Records of Tarrant
County,Texas, said tract being more particularly described as follows:
COMMENCING at a 5/8-inch iron rod with cap stamped"KHA"found in the west right-of-way line of North
Freeway(a variable width right-of-way),for the southeast corner of said R&S Miller Family Limited Partnership tract;
THENCE South 89e21'51" West, along the south line of said
R & S Miller Family Limited Partnership tract, a distance of
524.23 feet to a mag nail with washer stamped "KHA" found ENCROACHMENT AGREEMENT
for a southwest corner of said R & S Miller Family Limited
Partnership tract, and being the beginning of a tangent curve WILLIAM MCCOWEN SURVEY,
to the right; ABSTRACT NO. 999
CITY OF FORT WORTH, TARRANT
CONTINUED ON SHEET 2 COUNTY, TEXAS
Kimle-y* Horn8011 . -6511
Fort Worth.Taxes 76102 FIRM 0 10194040 www.kimley-hom.com
Swle Drawn by I Checked by Date Proiect No. I Sheet
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LEGAL DESCRIPTION (CONTINUED)
THENCE continuing along the said south line of R & S Miller Family Limited Partnership tract, in a northwesterly
direction,with said curve to the right, having a central angle of 1°39'17",a radius of 100.00 feet, an arc length of 2.89
feet and a long chord bearing and distance of North 89°48'31"West, 2.89 feet to a mag nail with washer stamped
"KHA"found for corner, and being the POINT OF BEGINNING, and being in the middle of a curve to the right having
a central angle of 14°00'06", a radius of 100.00 feet, a chord bearing and distance of North 81058'49" West, 24.38
feet;
THENCE continuing along the said south line of R & S Miller Family Limited Partnership tract, in a northwesterly
direction,with said curve to the right, an arc distance of 24.44 feet to a point for corner;
THENCE departing the said south line of R & S Miller Family Limited Partnership tract, North 44000'15" West, a
distance of 8.65 feet to a point for corner;
THENCE North 89°21'51" East, a distance of 20.63 feet to a point for corner;
THENCE South 44°00'15" East, a distance of 13.70 feet to the POINT OF BEGINNING and containing 180 square
feet or 0.0041 acres of land.
TRACT 3
BEING a 376 square feet(0.0086 acre)tract of land situated in the William McCowen Survey,Abstract No. 999, City
of Fort Worth,Tarrant County, Texas, and being part of a tract of land described in Special Warranty Deed to R & S
Miller Family Limited Partnership recorded in Instrument No. D219088026 of the Official Public Records of Tarrant
County,Texas, said tract being more particularly described as follows:
COMMENCING at a 5/8-inch iron rod with cap stamped "KHA" found in the west right-of-way line of North
Freeway(a variable width right-of-way),for the southeast corner of said R&S Miller Family Limited Partnership tract;
THENCE along the south line of said R&S Miller Family Limited Partnership tract,the following three(3)calls:
South 89°21'51" West, a distance of 524.23 feet to a mag nail with washer stamped "KHA" found for a
southwest comer of said R & S Miller Family Limited Partnership tract, and being the beginning of a tangent
curve to the right;
In a northwesterly direction,with said curve to the right, having a central angle of 46°46'40", a radius of 100.00
feet, an arc length of 81.64 feet and a long chord bearing and distance of North 67014'49"West, 79.39 feet to
a mag nail with washer stamped "KHA"found for corner;
North 43°51'29"West, a distance of 40.57 feet to a point for comer;
THENCE departing the said south line of R & S Miller Family Limited Partnership tract, North 46008'31" East, a
distance of 14.16 feet to the POINT OF BEGINNING;
THENCE North 45°59'45"East, a distance of 15.00 feet to
a point for comer; ENCROACHMENT AGREEMENT
THENCE South 44°00'15" East, a distance of 25.05 feet WILLIAM McCOWEN SURVEY,
to a point for corner: ABSTRACT NO. 999
THENCE South 45°59'45"West, a distance of 15.00 feet CITY OF FORT WORTH, TARRANTCOUNTY, TEXAS
to a point for corner;
THENCE North 44°00'15" West, a distance of 25.05 feet Kimlev* Horn
to a point for corner and the POINT OF BEGINNING and
containing376$ feet or 0.0086 acres of land. D01 chary Sfr"et.U"i,11.#1300 Tel.No.(817)795-6511
square Fort Worth,Town 75102 FIRM 0 10194040 Www.kimley-hom.com
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TRACT 4
BEING a 300 square feet(0,0069 acre)tract of land situated in the William McCowen Survey,Abstract No.999, City
of Fort Worth,Tarrant County,Texas, and being part of a tract of land described in Special Warranty Deed to R&S
Miller Family Limited Partnership recorded in Instrument No. D219088026 of the Official Public Records of Tarrant
County, Texas, said tract being more particularly described as follows:
COMMENCING at a 5/8-inch iron rod found at the west end of a right-of-way corner clip at the intersection of the
west right-of-way line of North Freeway (a variable width right-of-way) and the south fight-of-way line of Golden
Triangle Boulevard (a variable width right-of-way);
THENCE South 37e43'15" East, along the southwest line of the said corner clip, a distance of 37.03 feet to a point;
from said point a mag nail with washer stamped "KHA" found at the east end of the said right-of-way corner clip
bears South 37'43'15" East, a distance of 11.02 feet;
THENCE departing the said right-of-way corner clip, South 54e18'22"West,a distance of 9.62 feet to a point in the to
the POINT OF BEGINNING;
THENCE South 54e18'22"West, a distance of 15.00 feet to a point for corner;
THENCE North 37e53'39"West, a distance of 20.00 feet to a point for corner;
THENCE North 54*18'22"East, a distance of 15.00 feet to a point for corner;
THENCE South 37e53'39" East, a distance of 20.00 feet to the POINT OF BEGINNING and containing 300 square
feet or 0.0069 acres of land.
TRACT 5
BEING a 302 square feet(0.0069 acre)tract of land situated in the William McCowen Survey,Abstract No. 999, City
of Fort Worth,Tarrant County, Texas, and being part of a tract of land described in Special Warranty Deed to R &S
Miller Family Limited Partnership recorded in Instrument No. D219088026 of the Official Public Records of Tarrant
County,Texas, said tract being more particularly described as follows:
COMMENCING at a 5/8-inch iron rod found at the west end of a right-of-way corner clip at the intersection of the
west right-of-way line of North Freeway (a variable width right-of-way) and the south right-of-way line of Golden
Triangle Boulevard (a variable width right-of-way);
THENCE South 37e43'15" East, along the southwest line of the said corner clip, a distance of 37.03 feet to a point;
from said point a mag nail with washer stamped "KHA" found at the east end of the said right-of-way corner clip
bears South 37*43'15" East, a distance of 11.02 feet;
THENCE departing the said right-of-way corner clip, South 54e18'22"West, a distance of 26.62 feet to a point in the
to the POINT OF BEGINNING;
THENCE South 54e18'22"West, a distance of 17.11 feet to a point for corner;
CONTINUED ON SHEET 4 ENCROACHMENT AGREEMENT
WILLIAM McCOWEN SURVEY,
ABSTRACT NO. 999
CITY OF FORT WORTH, TARRANT
COUNTY, TEXAS
Kimleky* Horn
801 Cherry Street.Unit 11.#1300 Tel.No.(817)335-6511
Fort Worth,Texas 76102 FIRM#10194040 www.kimley-hom.com
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LEGAL DESCRIPTION (CONTINUED)
THENCE North 14e45'20" East, a distance of 2.65 feet to a point for corner:
THENCE North 37°53'39"West, a distance of 18.31 feet to a point for corner;
THENCE North 54*18'22" East, a distance of 15.00 feet to a point for corner;
THENCE South 37e53'39" East, a distance of 20.00 feet to the POINT OF BEGINNING and containing 302 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),with
an applied combined scale factor of 1.00012.
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.
ENCROACHMENT AGREEMENT
WILLIAM McCOWEN SURVEY,
OF r ABSTRACT NO. 999
E
�Q' 'sTogs
'MICHAEL C. BILLINGSLEY •�g * CITY OF FORT WORTH, TARRANT
REGISTERED PROFESSIONAL ....... .•.............. COUNTY, TEXAS
LAND SURVEYOR NO.6558 MICHAEL CLEO BILLINGSLEY
801 CHERRY STREET, .......................
UNIT 1'I SUITE 1300 � ,0 6558Kim I� >> Horn
FORT WORTH,TEXAS 76102 9'��FESS�� O
4,• •.. .....••--••`k 801 Cherry Street,Unit 11.#1300 Tel.No.(817)335-6511
PH. 817-335-6511 S U P.N Fort Worth Tens 76102 FIRM#10194040 www.kimley-hornxom
michael.billingsley@kimley-horn.COm Scale Drawn by Checked by Date Pro ac No, sheet Na
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LOT 2, BLOCK 1 4`��
SYNERGY WEST NORTH
5/8"IRF (INST. NO. D217094127) o so ,00
GOLDEN TRIANGLE-` FUTURE RIGHT-OF-WAY GRAPHIC SCALE IN FEET
DEDICATION PER THE CITY
P. C. BOUL _ RD _ OF FORT WORTH ON5/8/2019 ,
(TRAC 1) (A VARIABLE, IDTH RIGHT-OF-WAY) 5/8"IRFC
1/2"IRF 112"IRF "KHA"
(C.M.) N89"23'40"E 560.59' (C'M•) N89°21'51"E 150.00'
HARM O N ROAD i
(AN APPARENT PUBLIC RIGHT-OF--WAY) /i , 10'X10'PUBLIC OPEN
(NO DEDICATION FOUND) �. / SPACE EASEMENT
(PROPOSED)
I I 15'WATER LINE EASEMENT / / 40'PUBLIC ACCESS EASEMENT I
/ /
/ (PROPOSED)
(VOL.16156,PG.315) /
R&S MILLER FAMILY I M
,/ /� LIMITED PARTNERSHIP
// (INST.NO. D219088026) o
101ANTERO41ESOURCES / / I M
i
PIPELINE/EASEMENT / / P.O.B.
I C I
(INST.IO.D204284148) // // f.O.B. I
II 20'PERMANENT WATER (TRACT 1) I
/ FACILITY EASEMENT SEWER EASEMENT L1
LEGEND (INST.NO.D216079180) I
A=CENTRAL ANGLE (PROPOSED)
P.O.C.=POINT OF COMMENCING AT
1—
P.O.B.=POINT OF BEGINNING L4
ADF=ALUMINUM DISK FOUND FW I-35 LOGISTICS CENTER LLC 0.0022 ACRES
MNF=MAG NAIL WITH WASHER (INST. NO. D219120119) L2
STAMPED"KHA"FOUND 94 SQ. FT. 1-3
IRFC=IRON ROD WITH CAP FOUND
NOTES:
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202), with
an applied combined scale factor of 1.00012.
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.
ENCROACHMENT AGREEMENT
WILLIAM McCOWEN SURVEY,
°T TF� ABSTRACT NO. 999
MICHAEL C. BILLINGSLEY �: •' d' CITY OF FORT WORTH, TARRANT
REGISTERED PROFESSIONAL *'
... .......................:... COUNTY, TEXAS
LAND SURVEYOR NO.6558 MICHAEL CLEO BILLINGSLEY
801 CHERRY STREET, :..................•••• :UNIT 11 SUITE 1300 `•.,0 6558 Q�•r Kimlev* Horn
FORT WORTH, TEXAS 76102 �9 '�0 S S���'O�
N ' '" Ey oneffy� 7a130 TaL 5-6PH. 817-335-6511 ..........
URI Fwodh.Te 6102 FIRM ww.kimey.homm
michael.billingsley@Wimley-hom.com Scale Drawn by I Checked by Date I ProectNo. I SheetNa
1".100' J8H MC8 I 1113AW 064464003 5 OF 7
HOPPER,BRADIN 1/27/2020 9:53 AM K:TTW_SURVEY1064464003-STREAM M2G BRAND FXIDWG1064464003-STREAM M2G BRAND FX ENCMT_2.DWG
TH
15'SANITARY NOR
SEWER EASEMENT 0 50 100
(PROPOSED)
GRAPHIC SCALE IN FEET
P.O.p° 15'UNDERGROUND
L7 UTILITY EASEMENT
\ (TRACT 3) TRACT 3 R&S MILLER FAMILY AGREEMENT(SEWER)
\ L10 LIMITED PARTNERSHIP (INST.NO.D216062721)
\� L11 0.0086 ACRES (INST. NO. D219088026) PERMANENT SEWER
\\ 376 SQ. FT. 40'PUBLIC FACILITY EASEMENT--��/
L12 ACCESS EASEMENT (INST.NO.D218037759)
\ MNF 15'SANITARY (PROPOSED) / I I
\ (C.M.) SEWER EASEMENT 5/8'IRFC I
�\ \ L6 L7 (PROPOSED) ——— ———"KHA"(C.M.) /I
L8 \ MNF(C.M.) ——— S89°21'51"W 524.23' — /
L13 c3\ ---- _--_—_____—______� I
L5 C1 I II /ADF
C2 P.O.B. P.O.C. I II ' "TxDOr'
FW 1-35 LOGISTICS / (C.M.)
(TRACT 2) CENTER LLC (TRACTS 2&3) I I II I
TRACT 2 (INST. NO. D219120119) I III I
1111
0.0041 ACRES 1 1 II 1
180 SQ. FT. UTILITY EASEMENT I I III
AGREEMENT(WATER) I I II O
LINE TABLE LINE TABLE (INST.NO.D216062721)� III ,
NO. BEARING LENGTH NO. BEARING LENGTH I 1 III fu
(u Q
L1 N89°22'55"E 6.25' L8 N43°51'29"W 40.57' 15'UNDERGROUND I I IIII 0
L2 S00138'09"E 15.00' L9 N46°08'31"E 14.16' UTILITY EASEMENT 1 1 II '
AGREEMENT(SEWER)
L3 S89'22'55W 6.25' 1-10 N45°59'45"E 15.00' (INST,NO.D216062721) 1 ! I
L4 N00'38'09-W 15.00' 1-11 S44°00'15"E 25.05' I 1 III O
L5 N44.00'15'W 8.65' L12 S45°5945"W 15.00' PERMANENT SEWER 1 1 !I
FACILITY EASEMENT'~
L6 N89'21'51"E 20.63' L13 N44°00'15"W 25.05' (INST,NO.D218037759) ! /I
L7 S44'00'1WE 13.70' I I II 5/8"IRF
. I
CURVE TABLE
NO. DELTA RADIUS LENGTH CHORD BEARING CHORD
Cl 1.39'17" 100.00' 2.89' N89°48'31"W 2.89' ENCROACHMENT AGREEMENT
C2 14.00'06" 100.00' 24.44' N81°5849'W 24.38' WILLIAM McCOWEN SURVEY,
C3 46°46'40' 100.00' 81.64' N67°14'49W 79.39' ABSTRACT NO. 999
CITY OF FORT WORTH, TARRANT
LEGEND COUNTY, TEXAS
A=CENTRAL ANGLE KimlevoHorn
P.O.C.=POINT OF COMMENCING
P.O.B.=POINT OF BEGINNINGADF=ALUMINUM DISK FOUND 801 Cherry street,Unit 11,0130 Tel.No.(817)335-6511
MNF=MAG NAIL WITH WASHER STAMPED'KHA"FOUND Fort Worth.Texas 76102 FIRM#10194040 www.Wndey-hom.00m
IRFC=IRON ROD WITH CAP FOUND s-ie Drawn by Checked by Date Pwlea No. heat
1'=100 JBH MCB 1/1312020 1 064464003 6 OF 7
HOPPER,BRADIN 1127/2020 9:53 AM K:\FTW SURVEY\064464003-STREAM M2G BRAND FXIDWGW64464003STREAM M2G BRAND FX ENCMT 2.DWG
PART OF ADF"TXDOT"
TCRG OPPORTUNITY IX, LLC
(INST. NO. D216215621) NORTH
0 50 100
P.O.C.
GOLDEN TRIANGLE (TRACTS 4&5) GRAPHIC SCALE IN FEET
BOULEVARD (IM•) L14 TRACT 4
(A VARIABLE WIDTH RIGHT-OF-WAY) L19 18 0.0069 ACRES
L
II
L24 160 300 SQ. FT.
I I 10'TEXAS TRACT 5 L15
ELECTRIC SERVICE
COMPANY EASEMENT 0.0069 ACRES L23 / /// MNF
I I (VOL.7919,PG.971) 302 SQ. FT. L22 // P° °B°
I ( L21 /L17 (TRACT 4)
I ( 15'UNDERGROUND / P.O.B.
J L UTILITY EASEMENT `
I AST.NO. 216062 21) !
L—J (INST.NO.D216062721) / (TRACT 5)
PERMANENT /
LINE TABLE LINE TABLE / // WATER FACILITY EASEME T
NO. BEARING LENGTH NO. BEARING LENGTH / /�/ (INST.NO.D218037760)
/ ! / 10'TEXAS ELECTRIC
L14 S37°43'1WE 37.03' L20 S37°53'39"E 20.00' / / '/ SERVICE COMPANY EASEM NT
L15 S37°43'15"E 11.02' L21 S54°18'22"W 17,11' / / �/ / (VOL.4466,PG.239)
L16 S54°18'22W 9.62' L22 N14°45'20"E 2.65'
L17 S54'18'22W 15.00' L23 N37°53'39"W 18.31' / / �// o�� 4
L18 N37°53'39'VV 20.00' L24 N54°18'22"E 15.00' / //
L19 N54°18'22"E 15.00' UTILITY EEASEMENT
R&S MILLER FAMILY AGREEMENT(SEWER)
LIMITED PARTNERSHIP (INST,NO.D216062721)
(INST. NO. D219088026) PERMANENT SEWER
40'PUBLIC FACILITY EASEMENT
ACCESS EASEMENT (INST.NO.D218037759)
15'SANITARY (PROPOSED)
SEWER EASEMENT 5/8"IRFC
(PROPOSED) "KHA"(C.M.)
——————————----------7—
S89°21'51"W 524.23' /
————— ___—_=====: /
FW I-35 LOGISTICS / ENCROACHMENT AGREEMENT
CENTER LLC WILLIAM McCOWEN SURVEY,
(INST. NO. D219120119) / / // / ABSTRACT NO. 999
/ CITY OF FORT WORTH, TARRANT
LEGEND COUNTY, TEXAS
A=CENTRAL ANGLE Kimlev* Horn
P.O.C.=POINT OF COMMENCING
P.O.B.=POINT OF BEGINNING
ADF=ALUMINUM DISK FOUND 801 Chany street,Unit 11,#t 000 Tel.No.(817)33"511
MNF=MAG NAIL WITH WASHER STAMPED°KHA"FOUND Foe Wwth,Texas 76102 FIRM N 10194040 www.kimley-hom.cam
IRFC=IRON ROD WITH CAP FOUND S-16 Drawn by Checked by I Date Pro ect No. I Sheet
1'-100' I JBH MCB 1/13R020 1 0644"W3 7 OF 7
HOPPER,BRA DIN 1/27/2020 9:53 AM K:1FTW_SURVEY1064464003-STREAM M2G BRAND FX\DWG1064464003-STREAM M2G BRAND FX_ENCMT 2.DWG
EXHIBIT B
Certificate of Insurance
See following page.
Easement Encroachment Agreement-Commercial Revised 12/2018
EXHIBIT C
Metes and Bounds Legal Description of the Property
BEING a 12.9238 acre tract of land situated in the William McCowen Survey, Abstract
No. 999, City of Fort Worth, Tarrant County, Texas; said tract being part of that tract of
land described in Special Warranty Deed to R & S Miller Family Limited Partnership
recorded in Instrument No. D219088026 of the Official Public Records of Tarrant
County, Texas; said tract being more particularly described as follows:
BEGINNING at a "+" cut found at the south end of a right-of-way corner clip at the
intersection of the west right-of-way line of North Freeway (a variable width right-of-way,
400-foot wide at this point) and the south right-of-way line of Golden Triangle Boulevard
(a variable width right-of-way);
THENCE South 14°23'37" West, along the said west line of North Freeway, a distance of
515.64 feet to a 5/8-inch iron rod with "KHA" cap set for corner;
THENCE South 89°21'51" West, departing the said west line of North Freeway, a
distance of 524.23 feet to a pk-nail set for corner at the beginning of a tangent curve to
the right;
THENCE in a northwesterly direction, with said curve to the right, having a central angle
of 46°46'40", a radius of 100.00 feet, an arc length of 81.64 feet and a long chord
bearing and distance of North 67°14'49"West, 79.39 feet to a pk-nail set for corner;
THENCE North 43°51'29" West, a distance of 128.83 feet to a point at the beginning of a
tangent curve to the right;
THENCE in a northwesterly direction, with said curve to the right, having a central angle
of 36°11'04", a radius of 100.00 feet, an arc length of 63.15 feet and a long chord
bearing and distance of North 25045'57"West, 62.11 feet to a pk-nail set for corner;
THENCE South 89022'12" West, a distance of 436.68 feet to a 5/8-inch iron rod with
"KHA" cap set for corner;
THENCE North 0038'09" West, a distance of 354.66 feet to a 5/8-inch iron rod set for
corner in the said south line of Golden Triangle Boulevard;
THENCE North 89021'51" East, along the said south line of Golden Triangle Boulevard,
a distance of 1,253.12 feet to a 5/8-inch iron rod found for corner at the west end of said
corner clip;
THENCE South 37°43'15" East, along the southwest line of said corner clip; a distance
of 48.05 feet to the POINT OF BEGINNING and containing 12.9238 acres or 562,962
square feet of land, more or less.
Easement Encroachment Agreement-Commercial Revised 12/2018