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HomeMy WebLinkAboutContract 41158Page 1 of 9 CITY SECRETARY CONTRACT NO. �II�t EASEMENT ENCROACHMENT LICENSE AGREEMENT THIS AGREEMENT is made and entered into by and between TILE CITY OF FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City'), acting by and through its duly authorized City Manager or duly. designated Assistant City Manager, and (property owner's name Price CC LLC) hereinafter referred to as 'Licensee' , owner of the property located at (street address 6011 Oakland Hills Blvd Fort Worth TX) ("Property"). RECITALS WHEREAS, Licensee is the owner of certain real property described as (legal description of property Lot 1, Block 37, Woodhaven Country Club Estates, Ph X111, Fort Worth, Tarrant County, Tx) an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume , Page , of the Deed records of Tarrant County ("Property"); and WHEREAS, the City has a (width of easement varying utilityand drainage easements -see exhibit "A") (type of easement varying -see exhibit "A" ) (the "Easement") in the property as shown on the map attached to this Agreement as Exhibit "A" and incorporated herein; and WHEREAS, Licensee desires to construct/place repair/replace existing railroad tie wall ( the "Encroachment") which will encroach onto the City's Easement as shown on the attached survey and only to the extent shown thereon; and WHEREAS, to accommodate the needs of the Licensee, the City will approve allowing 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 the Licensee, hereby grants permission to the Licensee to encroach upon and occupy a portion of the City's Easement as described in and at the location shown Exhibit A. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or 1 11-23-10 PO4:00 *AC$/TRC* TARRANT Doo: 000298364 Date: 12/03/2010 Vol: 0000000. Page: 00000 Page: 1 Of 9 Page 2 of 9 on the City's Easement beyond what is specifically described in the exhibit(s) attached hereto. 2. All construction, maintenance and operation in connection with such Encroachment, use and occupancy shall comply and be performed in strict compliance with the Charter, Ordinance and Codes of the City and in accordance with the directions of the Director of the Water Department of City, or his duly authorized representative. Prior to the construction of the Encroachment, Licensee shall submit all plans and specifications to the Director or his duly authorized representative. Licensee shall not commence construction of the Encroachment until such approval shall be indicated in writing by the Director. 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 agrees that City may enter and utilize the referenced areas at anytime for the purpose of installing, repairing, replacmg or maintaining improvements to its public facilities or utilities necessary for the health, safety and welfare of the public for any other public purpose. City shall bear no responsibility or liability for any damage or disruption or other adverse consequences resulting from of Encroachment installed by Licensee, but City will make reasonable efforts to minimize such damage. Should it become necessary to remove the Encroachment to install, repair, replace or maintain improvements to City public facilities or utilities in the Easement, the Licensee shall remove the Encroachment at the Licensee's expense. The City shall furnish the Licensee with notice if removal of the Encroachment is deemed necessary by the Water Department. Licensee agrees that upon request of City, and within 30 days from the date of such request, to relocate the Encroachment away from the Easement and to restore the Easement to its original condition all at the sole cost and expense of Licensee. 2 +ACS/TRC* TARRANT Doc: 000298364 Date: 12/03/2010 Vol: 0000000 Page: 00000 Page: 2 Of 9 Page 3 of 9 4. The Licensee further agrees that City shall have the absolute right at its discretion to terminate this license or refuse to allow the Licensee to. continue to have the Encroachment over, under or across the Easement if the City determines that the Easement is being substantially damaged by the Encroachment, or that the Encroachment otherwise places an undue burden on the operation of the municipal utility(ies) system or in the event the Licensee fails to comply with the provisions of this Agreement. City shall furnish Licensee with notice requiring the removal in a time period as is reasonable under the circumstances. After receipt of such notice, the Licensee shall thereafter immediately remove the Encroachment and restore the Easement to the same condition as existed prior tothe installation of the Encroachment. In the event the Licensee fails to promptly remove the Encroachment and restore the Easement within the time required by the notice, the City may remove the Encroachment and restore the Easement and assess a lien on the Property for the costs expended by the City to remove the Encroachment. 5. Licensee agrees to pay to City at the time this Agreement is executed a fee in the sum of 1 u, d � Pate•Dollars ($ 21s* 4o pay necessary fees to record this Agreement in its entirety Lb!kg inthe deed records of Tarrant County 6. 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, ARISING OUT OF OR IN CONNECTION WITH, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID ENCROACHMENTS AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, 3 •ACS/TRC• TARRANT Doc: 000298364 Date: 12/03/2010 Vol: 0000000 Page: 00000 Page: 3 Of 9 Page 4of9 • 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 AM) 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. 7. 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. 8. 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 described Easement and in not a conveyance of any right, title or interest in or to the Easement. 9. In any action brought by the City for the enforcement of the obligations of the Licensee, City shall be entitled to recover interest and reasonable attorney's fees. 10. 4 *ACS/TRC* TARRANT Doc: 000298364 Dater 12/03/2010 Vol: 0000000 Paget 00000 Page: 4 Of 9 • Page5of9 The parties agree that the duties and obligation contained paragraphs 3 and 4 shall survive the termination of this Agreement. 11. Licensee covenants and agrees that it will not assign all or any of its rights, privileges or duties under this contract without the written approval of City, and any attempted assignment without such written approval should be void. 12. 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. 13. This agreement shall be binding upon the parties hereto, their successors and assigns. EXECUTED this 12 day of SePiern�'� , 20 /U City City of Fort Worth By: cllios .da Fernando Costa, Asst. City Manger n Afittro !VP A p % ta ;51-vtiory°stlit Al MST: Attested by: MMY o 0od o 00 00 M �Qo00 A' kink" ay Secretary Licensee By: epee Name' Tenet' S. BI V55e It) Title: j%% a,. Aosrol ells* INO.M&C REQUIRED Approved As To Form and Legality APPROVED AS ALITY: O FORM A LEGALITY: ./61VtiWski ASSLSTAN CITY ATTORNEY • *ACS/TRC* TARRBNT Doc: 000290364 Ante: 12/03/ 010 9a1: o0000PP Page: 00000 Pogo: 5 Of 9 Page 6 of 9 City Secretary a g=id STATE OF TEXAS oo COUNTY OFT ' ' ' '`; T�ooAoaooc°°� *,a BEFORE ME, the undersigned authority a Notary Public in and for the State of Texas, on this day personally appeared Rvolldo tOSIAcka , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she 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. ssistant City Attorney GIVEN UNDER MY HAND AND SEAL OF OFFICE this, day of h b-0✓ 20ID Noisy Public in and for the State of Texas •ACS/TRC+ TARRANT Doc: 00029836E Date: 12/03/2010 Vol: 0000000 Page: 00000 Page: 6 Of 9 Page7of9 STA I OF TEXAS COUNTY OF AAUP 2JT iSecl i S BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Riot S. 3litcrs,A , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of the Grantee, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this /3 «" day ofp c. ,t2u ,20 /0 ALICE N. GILL Notary Public, State of Texas My Commission Expires February 06, 2014 (L1 Notary Public in and for the State of Texas *ACS/TRC* TARRANT DoC: 000298364 .Data: 12/03/2010 Vol: 0000000 Page: 00000 Page: 7 Of 9 C O a 49E86E000 6 go 6 =abed 00000 :egad 0000000 'IOA 0I0Z/EO/Zi te3aa tl Wm.mnl•e ea• Cbsraw,.n tV,r..y ap :s fyRw0 . ' 444f0 VW Ma, Rho p d seronrr tbtas' rest ✓y1.I • N yP Ce we. .s*7 y,..fl tyl▪ ? id O NOM LEGEND * m 'Mr M.1ne to Pkr.t,.,wf P.. - n..e..,. irme •w,f.1.'M'. m Mvan pcOlyn.emmAm• 1Mmbmamamaan POMdm Wm* Canm.lglsdln 04202112111a bad p/pm.aer UO, fM Tv Aad Peer. N fawub tam 4. NM Cool 0 EL,tt F.l AmaRmnl labti44. ay ar.4W.a) Pip i AMPlioM• TTimMoosiClibleAStlia* tom twordmi 4 Mini . •..dwofma bl rw Peps* •d M r Pr•bM, • tT leYada a.m•.•aNaOM M utlm p..t, mils,dOS news memen • e•a_N•m Marred pm•M Amu le IPA Mesh mcade bVduaeTM.. 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Met maid 00.1110.1202. eOS/Vt Ons,C AntM.R MOM A 211/11m201M d •k Oa Wm %magi Pdn-/ innalpaR.a min.nl. 11N mne.NmE •fe••—monad to* en M•n•gWd 1144..b.• come b1 M 'keno Few , PLAT OF SURVEY COPPER CREEK APARTMENTS m. llbldE� --- Yai�e e.w Page 9 of 9 SUZANNE HENDERSON COUNTY CLERK 100 West Weatherford Fort Worth, TX 76196-0401 PHONE (817) 884-1195 CITY OF FORT WORTH DEVELOPMENT & PLANNING 1000 THROCKMORTON FT WORTH, TX 76102 Submitter: CITY OF FORT WORTH/DEVELOPMENT & PLANNING DO NOT DESTROY . WARNING .- THIS IS PART OF THE OFFICIAL RECORD,, Filed For Registration: 12/3/2010.11:49 AM Instrument #: D210298364 E 9 PGS $44.00 By� y .. n_d D210298364 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. Prepared by: CAM DDOCK •ACS/TRC• TARRANT Demo: 0°0290364 11/03/2010 vn]; 0090000 Patio: 00000 PRgtn 9 Of 9 CITY SECRETARY coNTRPflT NO. IE{;ASEMENT ►KK;NCROACHMENT LICENSE AG }'s EMENT T HIES ACRE ��',I`� I��:NrII' is made and entered into by and between THE CITY OF IN'OR WO I" TH, a home rule municipal corporation of Tarrant County, Texas ("City"), acting by and through its duly authorized City Manager or duly designated Assistant City Manager, and (property owner's name Price CC LLC), hereinafter referred to as 'Licensee", owner of the property located at (street address 6011 Oakland Hills Blvd Fort Worth TX) ("Property"). RECITALS W EREAS, Licensee is the owner of certain real property described as (legal description of property Lot 1, Block 37, Woodhaven Country Club Estates, Ph X 111, Fort Worth, Tarrant County, Tx), an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume , Page , of the Deed records of Tarrant County ("Property"); and WHEREAS, the City has a (width of easement varying utility and drainage easements -see exhibit "A") (type of easement varying -see exhibit "A") (the "Easement") in the property as shown on the map attached to this Agreement as Exhibit "A" and incorporated herein; and WHEREAS, Licensee desires to construct/place repair/replace existing railroad tie wall ( the "Encroachment") which will encroach onto the City's Easement as shown on the attached survey and only to the extent shown thereon; and WHEREAS, to accommodate the needs of the Licensee, the City will approve allowing 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 the Licensee, hereby grants permission to the Licensee to encroach upon and occupy a portion of the City's Easement as described in and at the location shown -Exhibit A,_ Licensee shall not expand or otherwise cause the Encroachment to furthe OWN LnR CORD CITY SECRETARY Ft WORTH, TX on the City's Easement beyond what is specifically described in the exhibit(s) attached hereto. 2. All construction, maintenance and operation in connection with such Encroachment, use and occupancy shall comply and be performed in strict compliance with the Charter, Ordinance and Codes of the City and in accordance with the directions of the Director of the Water Department of City, or his duly authorized representative. Prior to the construction of the Encroachment, Licensee shall submit all plans and specifications to the Director or his duly authorized representative. Licensee shall not commence construction of the Encroachment until such approval shall be indicated in writing by the Director. 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 agrees that 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 for any other public purpose. City shall bear no responsibility or liability for any damage or disruption or other adverse consequences resulting from of Encroachment installed by Licensee, but City will make reasonable efforts to minimize such damage. Should it become necessary to remove the Encroachment to install, repair, replace or maintain improvements to City public facilities or utilities in the Easement, the Licensee shall remove the Encroachment at the Licensee's expense. The City shall furnish the Licensee with notice if removal of the Encroachment is deemed necessary by the Water Department. Licensee agrees that upon request of City, and within 30 days from the date of such request, to relocate the Encroachment away from the Easement and to restore the Easement to its original condition all at the sole cost and expense of Licensee. 2 4. The Licensee further agrees that City shall have the absolute right at its discretion to terminate this license or refuse to allow the Licensee to continue to have the Encroachment over, under or across the Easement if the City determines that the Easement is being substantially damaged by the Encroachment, or that the Encroachment otherwise places an undue burden on the operation of the municipal utility(ies) system or in the event the Licensee fails to comply with the provisions of this Agreement. City shall furnish Licensee with notice requiring the removal in a time period as is reasonable under the circumstances. After receipt of such notice, the Licensee shall thereafter immediately remove the Encroachment and restore the Easement to the same condition as existed prior to the installation of the Encroachment. In the event the Licensee fails to promptly remove the Encroachment and restore the Easement within the time required by the notice, the City may remove the Encroachment and restore the Easement and assess a lien on the Property for the costs expended by the City to remove the Encroachment. 5. Licensee agrees to pay to City at the time this Agreement is executed a fee in the sum of Two red SG ,� ® Dollars ($275.eqUe pay necessary fees to record this Agreement in its entirety in the deed records of Tarrant County. 6. 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, ARISING OUT OF OR IN CONNECTION WITH, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID ENCROACHMENTS 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. 7. 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. 8. 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 described Easement and in not a conveyance of any right, title or interest in or to the Easement. 9. In any action brought by the City for the enforcement of the obligations of the Licensee, City shall be entitled to recover interest and reasonable attorney's fees. 10. 4 The parties agree that the duties and obligation contained paragraphs 3 and 4 shall survive the termination of this Agreement. 11. Licensee covenants and agrees that it will not assign all or any of its rights, privileges or duties under this contract without the written approval of City, and any attempted assignment without such written approval should be void. 12. 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. 13. This agreement shall be binding upon the parties hereto, their successors and assigns. EXECUTED this /2 day of ��rther City City of Fort Worth Fernando Costa, ��,aa�$� �o�_..te��. _tt Asst. City Manager SORT ��l Title: 9' � 0 d4 000° � 0� 4 �F{i O rfra0 es•0 0 0 A �0O ATTEST: Attested by: Marty Hendrix, City Secretary Licensee By: PLC Name: ?U?CS e/usk',i et fips9den+ NO M&C��Ql tE Ii Oliv,°°Q0000a°y $iApproved As To Form and Legality _ APPROVED AS TO GALITY: ‘41illaildtgettc> Ain/ AL RECOR AS ISTANT OITY AT U IN CITY SECRETARY ?Mf RTH, TX 1 City Secretary STATE OF TEXAS COUNTY OF TARRA Q�ra cocowifr '1/40 0 m se,o00 /#a�,►° ce BEFORE ME, the unde���auth�ity, a Not ;ry Public in and for the State of ssistant City Attorney Texas, on this day personally appeared own to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she 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 opca� day of 1OVCAY1I9•0 , 20 Lp . thda- TY1 (hthirtc70 o ary Public in and for the State of Texas 6 STATE OF TEXAS COUNTY OF TARRANT aRytc-ys BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared a)JL 5, B/US'7"t. (7) , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of the Grantee, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this /. day of ,20 . Notary Public in and for the State of Texas 7 yr ad wa.,ry eh t:kt. / oEi 2 ri 1 'n\ 1 ,, 1 Jeri •14 0 ti W it k Trvee; 6k./r.c Soria, C,,ntp ^J (rrrc onno Jd. n ,0.rr 500'O/ fr` aft t `Ev 4g tlr'f t to 5 \ .,re N ; 0` /.a.oa. A lr Ierl.arerrnel t. 44 on' lb. 1r An41,v 71 7S MO if 664 NOTE: Tho nub,ect properly does net iia wimin b 100 yaw good plain according t0 FEMA-Fan Worth Commdoily Panel No 48439CO215K dated September 25, 2009. Theeublecl poPory ra etuated rn Zono "X". ruJ err • 4 h it :at fleck 1 Cord Rt weal Lb q 444,. C4.) r't ;y Wa.IA) NOTES 1. Eoaomont to Marcus Cable LLC rocorded In Volume 14813 Pape 2 Deed Records Tarrant County Texas is a blcnkot avanmanl affecting tho subject properly and 11 rid pioltab e. 2. Memorandum of Agreement recorded in County Catke Filo No. D2003287:7 is blanket In melon', Meeting the subject property and is net plottabto. 3. There was no evidence oI wmotones On tho subjoc property 4 ,Loose to Kwik Wash Laundries. Inc. recorded In Volume 9504, Page 00 and medlpod In Volume 12848, Pager 480 dose affect the subject property but Is not plo0aba, i I ,ir iv 40 07 it 41 Perking_9Lrw0aC Existing Regular Spaces VICINITY MAP Existing Hanmcop Spaces. Total Exiting Spews STATE OF TEXAS COUNTY OF TARRANT Bang [el of tot 1. Sock 37, Woodhaven Country Club Esta'es Phase XIII, an addition to the City of For, Worth, Tarrant County. Teem according fo the pat hereof recardad in Volume 308-189, Papa 85, Plot Records, Torrent County. Texas end containing 542.950 square foot or 12AG acres of and. SURVEYOR'S CERTIFICATION: The undersigned, being a professional registered surveyor of the State of Texas ravens to (I) Holliday Fenoglio, Fowler, LP end Federal Home Loon Mortgage Corporation, their succeeaors and assign, (it) Price Coppor Creek, Ltd. and Price C C, LLC end (Illj Chicago Title Insurance Company on follows. 1 This mop or plrt and the survey on wnicn It to based wore made pf In eccordmtco mth Me 'Minimum Standard Detail requirements for ALTNACSM Land Tele Surveys." jointly established and adopted by tho American Land Tito Association and NSPS In 2005, and Incluaeo Items 1, 2, 3, 4, G. Raj, 0, 9, 10 and 11 and 13 of Table A thereof, and 01) pursuant iota Accuracy Standards as oaopad by ALTA and NSPS and in shod on the dote of Vita weeds:ion. undersigned further rnnipnn Ihnt In my pofossionni opinion, as u land surveyor rnptstamo In the State of Texas, the Relative Positions' Accuracy of This Survey does notexteod that which In apedeea maraca Tho aea oy wen meeo on the ground of February 11, dime, nrd carnally shown the area of the subject grape y. the location, type and dimensions of ell builalws and other improvements eltuoted en the subject property. the number ernd hips of Parking spaces, the (Oration of Wines absolved or shown on record isocirnerna an nerving the subiod property ono any alnnr mmttan. situated an he subject property. 3 Except as shown onn th shin y. there hon re are vimblo easements or Oats of way osed 4 Except as shown On rho survey. them aro no observable, above ground oncroacnronta n In (al by the improvements as aubjed popeny upon adjoining properties Weide or alleys, or upon easernentu located on the sub ect popeny. or (b) by the Improvements on adjoining propert'ao, streets or alloys upon the subject property. 5 The loceticn of each easement, Aga( of way servitude and other matter effacing (no subject properly and hood In trio Ills Insurance commitmert dated January 22, 2010, issued by Chicago Title Insurance Company with raped to Ina subject property. hap bean shown on tan survey, together with eppmpnote pecording rolsrtnats, to the (Wont that eucn mattore con be located. The roperty nnown and dnawbed on the survey is the came property described in that Olio commitment. TN location of oil improvements on the suojad property Is in accord wllh minimum setback provisions and mmncann or mcord :atererCed in ouch title commitment. Tho subject propony has access to on from a duly dedicate° and accaptcd public street or highway on Indicolod on the survey 7. Tho subject property dons not norm any adjoining propony for drainage, Willies or ingress cr ogress. 8. Tho record doocrid on of the subject property forma a nma he rim m ly clo Tho figure No potion of the subject progeny shown on tho Purvey hen w tnln a Specal Hazard Aron. as described on Ins wood Insurance rate Map for I,e community In wheh the subjnc property is located. 10 Tnie cedi*cao rotates to trait certain survey ,n,mooro0 2010106 and toted Fobruery 11, 2010. teat mow February 23, 2010 made by David C. Dick. Bring the Copper Creek ApartmoM poled. Aa used herein the term covering property" Includes ony appurtenant (lawmen. Tho pantos Ilatnd ntovo are omitted t0 m19 on the survey and Ihln corthrnto nit Damp True and accurate February I' 2010 420 423 4u�i O C. Dick Nuum-or 2357 PLAT OF SURVEY COPPER CREEK APARTMENTS a A DAVIO C.0ICK