HomeMy WebLinkAboutContract 54156 Jul 15,2020 CSC No.54156
11:52 am
CASEMENT ENCROACHMENT LICENSE AGREEMENT
Commercial
THIS AGREEMENT is made and entered into by and between THE CITY OF
FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"),
acting by and through its duly authorized City Manager, Assistant City Manager, or
Planning and Development Director, and Fort Worth Heritage MB, LLC, a limited
liability company ("Licensee"), owner of the real property located at 130 East
i Exchange Avenue, Lot 2,Block 10A, Fort Worth, Texas 76164 ("Property"), acting by
E and through its duly authorized representative.
RECITALS
WHEREAS, Licensee is the owner of certain real property situated in the City of
Fort Worth, Tarrant County, Texas, more particularly described in the attached Legal
Description of the Property, attached as "Exhibit C" and incorporated herein for all
purposes; and
WHEREAS, the City has a sanitary sewer and drainage 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 surface hardscape
improvements (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.
C))F CD,QD
Easement Encroachment Agreement-commercial N Pae,�� }
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2.
All construction, maintenance, or operation in connection with such
Encroachment, use, and occupancy shall comply and be performed in strict compliance
r with this Agreement and with the Charter, Ordinances, and Codes of the City, and in
accordance with the directions of the Director of the Transportation and Public Works
Department or the Director of the Water Department, or their duly authorized
representative. Prior to the construction of the Encroachment, Licensee shall submit all
plans and specifications to the applicable Director or duly authorized representative.
Licensee shall not commence construction of the Encroachment until such approval shall
be indicated in writing by the applicable Director or authorized representative. However,
such approval shall not relieve Licensee of responsibility and liability for concept, design,
and computation in the preparation of such plans and specifications.
3.
Licensee, at no expense to the City, shall make proper provisions for the
relocation and installation of any existing or future sanitary sewer or drainage
improvements affected by such Encroachment, use, and occupancy. In the event that any
installation, reinstallation, relocation, or repair of any existing or future sanitary sewer or
drainage 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
sanitary sewer or drainage utilities necessary for the health, safety, and welfare of the
public. The City shall bear no responsibility or liability for any damage or disruption or
other adverse consequences resulting from the Encroachment installed by Licensee, but
the City will make reasonable efforts to minimize such damage.
5.
Upon termination of this Agreement in accordance with Section 7, at the option of
and at no expense to the City,Licensee shall 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 in accordance with this Section 5,
Easement Encroachment Agreement-Commercial Page 2 of 14
Revised 11/2018
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Licensee hereby gives the City permission to remove the Encroachment and any
supporting structures and assess a lien on the Property for the costs expended by the City
f in taking such actions.
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6.
In order to defray all costs of inspection and supervision which the City has
incurred or will incur as a result of the construction, maintenance, inspection, or
management of the encroachments and uses provided for by this Agreement, Licensee
agrees to pay to City at the time this Agreement is requested an application fee of in the
sum of Five Hundred Dollars($500.00).
7.
The Initial Term of this Agreement shall be for thirty (30)years, commencing on
the date this Agreement is executed by the City. Upon the expiration of the Initial Term,
the Agreement shall renew automatically under the same terms and conditions for two (2)
additional thirty-year renewal periods unless terminated earlier in accordance with this
Agreement. This Agreement may be terminated upon Licensee's noncompliance with
any of the terms of this Agreement. City shall notify Licensee in writing of any
noncompliance and if not cured within one hundred twenty (120) days of receipt of such
notice, this Agreement shall be deemed terminated, unless such noncompliance is not
susceptible to cure within one hundred twenty (120) 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 one hundred
twenty (120) days after written notice specifying the same, or having so commenced,
thereafter fails to proceed diligently and with continuity to remedy same.
8.
Any notices,certifications, approvals, or other communications required to be
given by one Party to another under this Agreement(a"Notice")shall be given in writing
addressed to the Party to be notified at the address set forth below and shall be deemed
given: (i)when the Notice is delivered in person to the person to whose attention the
Notice is addressed; (ii)when received if the Notice is deposited in the United States
Mail, certified or registered mail, return receipt requested, postage prepaid; or(iii)when
the Notice is delivered by Federal Express,UPS, or another nationally recognized courier
service with evidence of delivery signed by any person at the delivery address. If any
dated or period provided in this Agreement ends on a Saturday, Sunday,or legal holiday,
the applicable period for calculating notice shall be extended to the first business day
following the Saturday, Sunday, or legal holiday. For the purpose of giving any Notice,
the addresses of the Parties are set forth below. The Parties may change the address set
forth below by sending Notice of such changes to the other Party as provided in this
section.
Easement Encroachment Agreement-Commercial Page 3 of 14
Revised 11/2018
To the City:
City of Fort Worth,Texas
200 Texas Street
Fort Worth,Texas 76102
Attn: City Manager
City of Fort Worth,Texas
200 Texas Street
Fort Worth,Texas 76102
Attn: Water Director
To Licensee:
Fort Worth Heritage Development,LLC
Attn: Craig Cavileer
131 E. Exchange Ave
Suite 212
Fort Worth,TX 76164
With a copy to:
Majestic Realty Co.
Mike Durham, Chief Financial Officer
mdurham@majestierealiy.co
9.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION
WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION,
MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE
ENCROACHMENT AND USES GRANTED HEREUNDER EXCEPT THAT THE
INDEMNITY PROVIDED FOR IN THIS SECTION SHALL NOT APPLY TO
ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE
CITY OR ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE
CONTRACTORS; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND
RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL
LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL
INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY
Easement Encroachment Agreement-Commercial Page 4 of 14
Revised 11/2018
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 in accordance with the City's generally applicable
requirements and that Licensee shall so revise such amounts immediately following
notice to Licensee of such requirement. Such insurance policy shall not be canceled or
amended without at least thirty (30) days prior written notice to the Building Official of
the City. A copy of such Certificate of Insurance is attached as "Exhibit B" and
incorporated herein for all purposes. Licensee agrees to submit a similar Certificate of
Insurance annually to the City on the anniversary date of the execution of this Agreement.
Licensee agrees, binds, and obligates itself and its successors and assigns to
maintain and keep in force such public liability insurance at all times during the term of
this Agreement and until the removal of the Encroachment and the cleaning and
restoration of the Easement. All insurance coverage required herein shall include
coverage of all Licensee's contractors and subcontractors.
11.
Licensee agrees to deposit with the City when this Agreement is executed a
sufficient sum of money to be used to pay necessary fees to record this Agreement in the
real property records of Tarrant County, Texas. After being recorded, the original shall
be returned to the City Secretary of the City of Fort Worth.
12.
Licensee agrees to comply fully with all applicable federal, state, and local laws,
statutes, ordinances, codes, and regulations in connection with the construction,,
operation, and maintenance of the Encroachment and uses.
13.
Easement Encroachment Agreement-Commercial Page 5 of 14
Revised 11/2018
Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for
E by this Agreement or by any federal, state, or local statute, law, or regulation.
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14.
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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.
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.
Easement Encroachment Agreement-Commercial Page 6 of 14
Revised 11/2018
Foreclosure by a secured lender of Licensee or assignment to a secured lender by
Licensee in the event of default or otherwise shall not require City approval provided that
said lender notifies City in writing within sixty (60) days of such foreclosure or
assignment and assumes all of Licensee's rights and obligations hereunder. However, no
change of ownership due to foreclosure or assignment to any secured lender of Licensee
shall be effective as to City unless and until written notice of such foreclosure or
assignment is provided to City.
19.
Any cause of action for breach of this Agreement shall be brought in Tarrant
County,Texas. This Agreement shall be governed by the laws of the State of Texas.
20.
This Agreement shall be binding upon the parties hereto and their successors and
assigns.
21.
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Easement Encroachment Agreement-Commercial Page 7 of 14
Revised 11/2018
;iy; Licensee:
CITY OF FORT WORTH *SCE PAGT 9*
By, DJ Harrell(Jul 13,202015:12 CDT)
DJ Harrell,Director
Development Services Department
Date: Jul 13,2020
C), `.
ATTEST: '.'? Approvcd As To Form and Lcgali(y
��, {.;•. +_� t Matt Murray(Jul 13,202015:11 EXA --
I
Mary Kayser, City Secretary FWBC See. 3210
City Secretary's Office Matthew A. Murray
Assistant City Attorney
Contract Compliance Specialist:
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.
e7Eh� &zgr"ek t2
Jennifer E ernack for(Jul9,202016: 1 CDT)
Laurie Lewis
Interim Development Manager
Encroachment Agreement-Commercial _
R wised 4/2020
K'0`�V 51E cc,G3FrAR11v
79, u
LICENSEE:
t Fort Worth Heritage MB,LLC,
a Delaware limited liability company
BY: Fort Worth Heritage Development, LLC,
a Texas limited liability company,
its sole member
BY: Majestic-Stockyards Investor,LLC,
i
a Delaware limited liability company,
its managing member
BY: Majestic Realty Co.,
a California corporation,
manager's agent
i
Edward P. ski,Jr.
President and Chairman of the Board
Date: J U Uq 1, U2 U
f 0-FR AL RECORD.
Easement Encroachment Agreement-Commercial Page 9 of 14
Revised 11/2018
' VTtV W Wei1 1 ' V.013 1 a I F1J51& 1
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this clay 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 14 day of
July 20 20
LAURIE Digitally signed by LAURIE `PkyP LAURIE PEQUENO LEWIS
PEQUENO LEWIS �i� Notary Public
PEQUENO LEWIS Date:2020.07.1409:44:19-0e'00'
* * STATE OF TEXAS
Notary Public in and for the State of Texas N CO Notary I.D. 132278952
OF'�
My Comm. Exp. Dec. 10, 2023
After recording return to:
Planning&Development
Development Coordination Office
200 Texas Street
Fort `North, Texas 76102
UFRUAL
Easement Encroachment Agreement-Commercial Page 10 of 14
Revised 1 1/2018
STATE OF TEXAS §
COUNTY OF TARRANT §
r1
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
on this day personally appeared Edvvard`P. Roski, Jr., President and
Cbairman of the Board known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to,the that he or she executed the same for the
purposes and consideration therein ex
,pi`6ssed, as the act and deed of Stockyards Station
Hotel II, LLC, a limited liability'company,and in the capacity therein stated.
GIVEN UNDZMYAND AND SEAL OF OFFICE this day of ,
20
5 E AT7AC8 F-1)
Notary Public in and for the
State of
e3Ecow,it
Easement Encroachment Agreement-Commercial Page 1 I of 14
Revised 11/2018 "=``
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Los Angeles
On July 7th, 2020 before me, Daniella Noel Garcia, Notary Public
(insert name and title of the officer)
personally appeared Edward P. Roski Jr.
who proved to me on the basis of satisfactory evidence to be the person(s}whose name(e)is/are
subscribed to the within instrument and acknowledged to me that he/sheithey executed the same in
his/heritheif authorized capacity(ies), and that by his/hei4theiF signature*on the instrument the
person(4, or the entity upon behalf of which the person(s)acted, executed the i nstrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. oAN1ELLA NOEL cARC1A
Notary Public •California
z0"�
Los Angeles County z
(� Commission #2160178 D
/ My Comm.Expires Jul 17,2020
Signature lt)' 'C'� � ' (Seal)
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r EXHIBIT A
Map of Easement and Encroachment
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Easement Encroachment Agreement-Commercial Page 12 of 14
Revised 11/2018
NORTH
0 25 50
EXCHANGE AVENUE
GRAPHIC SCALE IN FEET (A VARIABLE WIDTH RIGHT-OF-WAY)
"X"CUT FIND
(C.M.)
N 89°48'18"E
30°11'40"E P.O.C. 25.00'
�- P.O.B. 1.58'
4 _ _
S89°48'20"W 166.27' S89°48' 8"W 280.50"
EASEMENT "x"CUT FIND
VA
M ENCROACHMENT z (c.M.)
r 0.0105 ACRES I o
I 458 SQ. FT. l o Lu ^ I
L 15.Y ACCESS AND UTILITY Q Q J N
JI EASEMENT VOLUME 6014, C) CO J o
PAGE 732&CABINET A,SLIDE N of w Z�
1136
LOT 1, BLOCK 10A C) _ o I
15'SANITARY SEWER O (n Q ~ o-
CABINET A,SLIDE 1136 FORT WORTH I COp ¢ o 0 0 1
I STOCKYARDS ADDITION I o (� m > F-: z
I LINE TABLE (CAB. A, SL. 1136) = a o o z Q
NO. BEARING LENGTH TRACT 3 _J U LL v O I.
CO
L1 S00°17'18"E 56.22' FORT WORTH HERITAGE O Li- Y 0� Q 0)
DEVELOPMENT, LLC I O v 0 �
L2 N90°00'00"W 8.28' ♦— 1-- O (�
(INST. NO. D215200242) I J 3: C)
L3 N00°00'00"E 56.19' I O I < m Q Q
L4 N89°48'20"E 8.00' 0 Y Q
0 O V
U)
NOTES
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202). A
metes& bounds description of even survey date herewith accompanies this survey plat.
The undersigned, Registered Professional Land Surveyor, hereby certifies that the plat of survey accurately
sets out the metes and bounds of the encroachment tract described.
• EASEMENT ENCROACHMENT
�E OF Thy ISAAC THOMAS SURVEY,
'�P'•�GISTE�O•.••S
MICHAEL C. BILLINGSLEY �' ABSTRACT NO, 1526
REGISTERED PROFESSIONAL .*'.......................... CITY OF FORT WORTH
LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY TARRANT COUNTY, TEXAS
801 CHERRY STREET, "!::""""""""""""
'•. ,0 6558 �,,:'
UNIT 11 SUITE 1300 Kimley* Horn
P
FORT WORTH, TEXAS 76102
NQ ••... .. • �y
PH. 817-335-6511 S U R 801 Cherry Street,Unit 11,#1300 Tel.No.(817)335-6511
michael.billingsley@kimley-horn.com Fort Worth,Texas 76102 FIRM#10194040 www.kimley-horn.com
Scale Drawn by I Checked by Date I Proiect No. I Sheet No.
1"=50' CDP MCB 6/29/2020 061281300 2 OF 2
BILLINGSLEY,MICHAEL 6/29/2020 7:09 PM K:\FTW_SURVEY\061281300-STOCKYARDS 2\DWG\061281300 STOCKYARDS_EASEMENT ENCROACH M ENT.DWG
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EXHIBIT B
Certificate of Insurance
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Easement Encroachment Agreement-Commercial Page 13 of 14
Revised 11/2018
Liability Insurance
Endorsement
Policy Period DECEMBER 13,2019 TO DECEMBER 13,2020
Effective Date DECEMBER 13,2019
Policy Number 3533-36-57 LAO
Insured MAJESTIC REALTY CO
Name of Company FEDERAL INSURANCE COMPANY
Date Issued DECEMBER 9,2019
This Endorsement applies to the following forms:
GENERAL LIABILITY
Under Who Is An insured,the following provision is added.
Who Is An Insured
Additional Insured- Persons or organizations shown in the Schedule are insureds;but they are insureds only if you are
Scheduled Person obligated pursuant to a contract or agreement to provide them with such insurance as is afforded by
Or Organization this policy.
However,the person or organization is an insured only:
• if and then only to the extent the person or organization is described in the Schedule;
• to the extent such contract or agreement requires the person or organization to be afforded
status as an insured;
• for activities that did not occur,in whole or in part,before the execution of the contract or
agreement;and
• with respect to damages,loss,cost or expense for injury or damage to which this insurance
applies.
No person or organization is an insured under this provision:
• that is more specifically identified under any other provision of the Who Is An Insured
section(regardless of any limitation applicable thereto).
• with respect to any assumption of liability(of another person or organization)by them in a
contract or agreement.This limitation does not apply to the liability for damages,loss,cost or
expense for injury or damage,to which this insurance applies,that the person or organization
would have in the absence of such conductor agreement.
Liability Insurance Additional Insured-Scheduled Person or Organization continued
Form 80-02-2367(Rev.5-07) Endorsement Page 1
Liability Endorsement
(continued)
Under Conditions,the following provision is added to the condition titled Other Insurance.
Conditions
Other Insurance— If you are obligated,pursuant to a contract or agreement,to provide the person or organization
Primary, Noncontt7butory shown in the Schedule with primary insurance such as is afforded by this policy,then in such case
this insurance is primary and we will not seek contribution fiom insurance available to such person
Insurance- Scheduled
Person Or Organization or organization.
Schedule
Persons or organizations that you are obligated,pursuant to a contract or agreement,to provide with
such insurance as is afforded by this policy.
PERSONS OR ORGANIZATIONS THAT YOU ARE OBLIGATED,PURSUANT
TO WRITTEN CONTRACT OR AGREEMENT BETWEEN YOU AND SUCH PERSON
OR ORGANIZATION,TO PROVIDE WITH SUCH INSURANCE AS IS
AFFORDED BY THIS POLICY;BUT THEY ARE INSUREDS ONLY WAND
TO THE MINIMUM EXTENT THAT SUCH CONTRACT OR AGREEMENT
REQUIRES THE PERSON OR ORGANIZATION TO BE AFFORDED STATUS
AS INSURED.
HOWEVER,NO PERSON OR ORGANIZATION IA AN INSURED UNDER THIS
PROVISION WI-IO[S NIORE SPECIFIC.,ALLY DESCRIBED UNDER ANY
OTHER PROVISION OF THE WHO IS AN INSURED SECTION OF TIES
POLICY(REGARDLESS OF ANY LIM[TATION APPLICABLE THERETO).
All other terms and conditions remain unchanged.
Authorized Representativec�CZ
Liability Insurance Additional Insured-Scheduled Person Or Organization last page
Form 80-02-2367(Rev.5-07) Endorsement Page 2
C H U B B
Policy Conditions
Endorsement
Policy Period DECEMBER 13,2019 TO DECEMBER 13,2020
Effective Date DECEMBER 13,2019
Policy Number 3533-36-57 LAO
Insured MAJESTIC REALTY CO
Name of Company FEDERAL INSURANCE COMPANY
Date Issued DECEMBER 9,2019
This Endorsement applies to the following forms:
COMMON POLICY CONDITIONS
Under Who Is An Insured,the following provision is added.
Conditions
Notice of Cancellation When we cancel this policy we will notify person(s)or organizations(s)shown in the Schedule
To Scheduled Persons at least 30 days(10 days in the event of nonpayment of premium)in advance of the
Or Organizations When cancellation date.
We Cancel
Any failure by us to notify such person(s)or organization(s)will not:
impose any liability or obligation of any kind upon us;or
invalidate such cancellation.
Schedule
Person(s)or Organization(s):
City of Fort Worth
Planning and Development-CFA Office
200 Texas Street
Fort Worth,TX 76102
Policy Conditions Notice of Cancellation To Scheduled Persons Or Organizations continued
Form 80-02-9780(Ed.3-11) Endorsement Page 1
CHUBB
Conditions
(continued)
All other terms and conditions remain unchanged.
W170rized Reorrssntatve -- - - -
Policy Conditions Notice of Cancellation To Scheduled Persons Or Organizations last page
Page 2
Form 80-02-9780(Ed.3-11) Endorsement
EXHIBIT C
Metes and Bounds Legal Description of the Encroachment
Easement Encroachment Agreement-Commercial Page 14 of 14
Revised 11/2018
LEGAL DESCRIPTION
EASEMENT ENCROACHMENT
BEING a 458 square foot (0.0105 acre) of land situated in the Isaac Thomas Survey, Abstract No.1526, City of Fort
Worth, Tarrant County, Texas; said tract being a part of a 15.9 foot access and utility easement as recorded in
Volume 6014, Page 732 and a part of 15 foot sanitary sewer easement recorded in Cabinet A, Slide 1136 of the
Deed Records of Tarrant, County Texas:
COMMENCING at a "X" cut found in the south right-of-way line of Exchange Avenue (a variable width right-of-way)
said point being the northeast corner of Lot 2, Block 10A, Fort Worth Sotckyards Addition, an addition to the City of
Fort Worth according to the plat recorded in Cabinet A, Slide 1136 of the Plat Records of Tarrant County, Texas;
from which point a "X" cut found in the said south line of Exchange Avenue bears North 89°48'18" East, a distance of
25.00 feet;
THENCE along the said south line of Exchange Avenue, the following three (3)calls:
South 89'48'18"West, a distance of 280.50 feet to a point;
South 00'11'40" East, a distance of 1.58 feet to a point;
South 89°48'20"West, a distance of 166.27 to the POINT OF BEGINNING;
THENCE South 0°17'18" East, departing the said south line of Exchange Avenue, a distance of 56.22 feet to a point
for corner;
THENCE North 90°00'00"West, a distance of 8.28 feet to a point for corner;
THENCE North 0°00'00" East, a distance of 56.19 feet to a point for corner; said point being in the said south line of
Exchange Avenue;
THENCE North 89°48'20" East, along the said south line of Exchange Avenue, a distance of 8.00 feet to the POINT
OF BEGINNING and containing 458 square feet or 0.0105 acres of land, more or less.
NOTES
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202). A
survey plat of even survey date herewith accompanies this metes & bounds description.
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately
sets out the metes and bounds of the encroachment tract described.
EASEMENT ENCROACHMENT
�E OFT ISAAC THOMAS SURVEY,
��P• E,ISTEQs ABSTRACT NO. 1526
MICHAEL C. BILLINGSLEY ,�: .* CITY OF FORT WORTH
REGISTERED PROFESSIONAL ...:.......................:... TARRANT COUNTY, TEXAS
LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY
801 CHERRY STREET, . • •
UNIT 11 SUITE 1300 `::o�0 6558o�P . Kimlev* Horn
FORT WORTH,TEXAS 76102 9,�;••F E S S�,.• O 801 Cherry Street,Unit 11.#1300 Tel.No.(817)335-6511
y Fort Worth,Texas 76102 FIRM#10194040 w Aimley-hornmrn
PH. 817-335-6511 S U R
Scale Drawn by I Checked by Dale Project No. I Sheet No.
michael.billingsley@kimley-horn.com NIA CDP MCB 6/29/2020 1 061281300 1OF2
BILLINGSLEY,MICHAEL 6/29/2020 7:08 PM K:\FTW_SURVEY\061281300-STOCKYARDS 2\DWG\061281300 STOCKYARDS_EASEMENT ENCROACHMENT.DWG