HomeMy WebLinkAboutContract 54158 Date Received: Jul 15,2020 City Secretary
Time Received: 2:06 PM Number: 54158
EASEMENT ENCROACHMENT LICENSE AGREEMENT
Commercial
THIS AGREEMENT is made and entered into by and between THE CITY OF
FORT WORTH, a home tole municipal corporation of Tarrant County, Texas ("City"),
acting by and through its duly authorized City Manager, Assistant City Manager, or
Development Services Director, and Hartman CTH LLC, a Delaware limited liability
company ("Licensee"), owner of the real property located at 144 Hartman Court, Fort
Worth, Texas 76179 ("Property"), acting by and through its duly authorized Manager J.
D. Salazar.
RECITALS
WHEREAS,Licensee is the owner of certain real property situated in the City of
Fort Worth, Tarrant County, Texas, more particularly described in the attached Legal
Description of the Property, attached as "Exhibit C" and incorporated herein for all
purposes; and
WHEREAS, the City has a Sanitary Sewer easement (the "Easement") in the
Property as shown on the map attached to this Agreement as "Exhibit A," which is
incorporated herein for all purposes;and
WHEREAS, Licensee desires to construct, place, and/or maintain certain
improvements which will encroach in,on, above, or below the City's Easement; and
WHEREAS,to accommodate the needs of the Licensee, the City will allow the
encroachment under the terms and conditions as set forth in this Agreement.
NOW,THEREFORE,the City and Licensee agree as follows:
AGREEMENT
1.
The City, in consideration of the payment by the Licensee of the fee set out below
and covenants and agreements hereinafter contained to be kept and performed by
Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and
occupy a portion of the City's Easement as described in and at the location shown on
Exhibit A, but only to the extent shown thereon, for the purpose of crossing 25 feet of
sewer easement (the "Encroachment"). Upon completion of the Encroachment,
Licensee agrees to be responsible for maintaining the Encroachment within the Easement.
Easement Encroachment Agreement-Commercial pain
ETA;z�r
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Licensee shall not expand or otherwise cause the Encroachment to further infringe in or
on City's Easement beyond what is specifically described in the exhibit(s) attached
hereto.
2.
All construction, maintenance, or operation in connection with such
Encroachment, use, and occupancy shall comply.and be performed in strict compliance
with this Agreement and with the Charter, Ordinances, and Codes of the City, and in
accordance with the directions of the Director of the Transportation and Public Works
Department or the Director of the Water Department, or their duly authorized
representative. Prior to the construction of the Encroachment, Licensee shall submit all
plans and specifications to the applicable Director or duly authorized representative.
Licensee shall not commence construction of the Encroachment until such approval shall
be indicated in writing by the applicable Director or authorized representative. However,
such approval shall not relieve Licensee of responsibility and liability for concept, design,
and computation in the preparation of such plans and specifications.
3.
Licensee, at no expense to the City, shall make proper provisions for the
relocation and installation of any existing or future utilities affected by such
Encroachment, use, and occupancy, including securing the approval and consent of the
appropriate utility companies and agencies of the State and its political subdivisions. In
the event that any installation,reinstallation, relocation, or repair of any existing or future
utility or improvements owned by or constructed by or on behalf of the public or at public
expense is made more costly by virtue of the construction, maintenance, or existence of
the Encroachment and use, Licensee shall pay to the City an additional amount equal to
such additional cost as reasonably determined by the Director of Transportation and
Public Works or the Director of the Water Department, or their duly authorized
representative.
4.
Licensee agrees that the City may enter and utilize the referenced areas at any
time for the purpose of installing, repairing, replacing, or maintaining improvements to
its public facilities or utilities necessary for the health, safety, and welfare of the public,
or for any other public purpose. The City shall bear no responsibility or liability for any
damage or disruption or other adverse consequences resulting from the Encroachment
installed by Licensee, but the City will make reasonable efforts to minimize such
damage.
5.
Easement Encroachment Agreement-Commercial Page 2 of 12
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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
Encroachment and any supporting structures and assess a lien on the Property for the
costs expended by the City in taking such actions.
6.
In order to defray all costs of inspection and supervision which the City has
incurred or will incur as a result of the construction, maintenance, inspection, or
management of the encroachments and uses provided for by this Agreement, Licensee
agrees to pay to City at the time this Agreement is requested an application fee of in the
sum of Five Hundred Dollars($500.00).
7.
The term of this Agreement shall be for thirty (30) years, commencing on the
date this Agreement is executed by the City. However, this Agreement may be
terminated upon Licensee's noncompliance with any of the terms of this Agreement.
City shall notify Licensee in writing of any noncompliance and if not cured within thirty
(30) days, this Agreement shall be deemed terminated, unless such noncompliance is not
susceptible to cure within thirty (30) days, in which case this Agreement shall be deemed
terminated in the event that Licensee fails to commence and take such reasonable steps as
are necessary to remedy the noncompliance within thirty (30) days after written notice
specifying the same, or having so commenced, thereafter fails to proceed diligently and
with continuity to remedy same.
8.
It is further understood and agreed between the parties hereto that the Easement to
be used and encroached upon is held by City as trustee for the public; that City exercises
such powers over the Easement as have been delegated to it by the Constitution of the
State of Texas or by the Texas Legislature; and that City cannot contract away its duty
and its legislative power to control the Easement for the use and benefit of the public. It
is accordingly agreed that if the governing body of Cit j 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.
Easement Encroachment Agreement-Commercial Page 3 of 12
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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 HIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION
WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION,
MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE
ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT
CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND
LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR
SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL
LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR
ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT
OF OR IN CONNECTION WITH THE ENCROACHMENTS AND ANY AND
ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES, OR INVITEES.
10.
While this Agreement is in effect, Licensee agrees to furnish City with a
Certificate of Insurance naming City as certificate holder as proof that it has secured and
paid for a policy of public liability insurance covering all public risks related to the
proposed use and occupancy of public property as located and described in Exhibit A.
The amounts of such insurance shall be not less than
$1,000,000
with the understanding and agreement by Licensee that such insurance amounts may be
revised upward at City's option and that Licensee shall so revise such amounts
immediately following notice to Licensee of such requirement. Such insurance policy
shall not be canceled or amended without at least thirty (30) days prior written notice to
the Building Official of the City. A copy of such Certificate of Insurance is attached as
"Exhibit B" and incorporated herein for all purposes. Licensee agrees to submit a
similar Certificate of Insurance annually to the City on the anniversary date of the
execution of this Agreement.
Licensee agrees, binds, and obligates itself and its successors and assigns to
maintain and keep in force such public liability insurance at all times during the term of
this Agreement and until the removal of the Encroachment and the cleaning and
Easement Encroachment Agreement-Commercial Page 4 of 12
Revised 4/2020
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.
Licensee agrees to pay promptly when due all fees,taxes, or rentals provided for
by this Agreement or by any federal, state, or local statute, law, or regulation.
14.
Licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as an officer, agent,
servant, or employee of City, and Licensee shall have exclusive control of and the
exclusive right to control the details of its operations, and all persons performing same,
and shall be solely responsible for the acts and omissions of its officers, agents, servants,
employees, contractors, subcontractors, licensees, and invitees. The doctrine of
respondeat superior shall not apply as between City and Licensee, its officers, agents,
servants, employees, contractors, and subcontractors, and nothing herein shall be
construed as creating a partnership or joint enterprise between City and Licensee.
15.
Licensee agrees and acknowledges that this Agreement is solely for the purpose
of permitting Licensee to construct,maintain, and locate the Encroachment over or within
the Easement and is not a conveyance of any right,title, or interest in or to the Easement,
nor is it meant to convey any right to use or occupy property in which a third-party may
have an interest. Licensee agrees that it will obtain all necessary permissions before
occupying such property.
16.
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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.
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.
i
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.
City: Licensee:
CITY OF FORT WORTH Hartman CTH LLC
Easement Encroachment Agreement-Commercial Page 6 of 12
Revised 4/2020
By. DJ Harrell(Jul 13,202015:06 CDT) By. Allz
DJ Harrell,: Director Na e: J. D. Salazar
Development Services Department Title: Managing Member
Date: Jul 13,2020 Date: June 9, 2020
By:
Name:
Title:
Date:
��`�.
.adlk
ATTEST: Approved As To Form and Legality
L
�/�I �` "f. ✓, Matt Murray(Jul 13,20 14:47 CDT)
Mary Kayser, City Secretary FWBC Sec. 3210
City Secretary's Office Matthew A. Murray,Assistant City Attorney
City Secretary's Office i
,
Contract Compliance Specialist:
i
By signing I acknowledge that I am the person
Responsible for the monitoring and administration
Of thi ontract ' cluding ensuring all erformance
d rgiportin equirements. i
Laurie Lewis
Interim Development Manager
0FRUAL RECORD
I
i
CITY S�CHETARV
FT. WORTH, 79
Easement Encroachment Agreement-Commercial Page o
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{
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`North, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 14 day of
July 20 20
LAURIE Digitally signed �PRyP LAURIE PEQUENO LEWIS
PEQUENO LEWIS LAURIE Notary Public
� �/
PEQUENO LEWIS Date:2020.07.1409:49:29-05'00' * * STATE OF TEXAS
Notary Public in and for the State of Texas N� Notary I.D. 132278952
�00 My Comm. Exp. Dec. 10, 2023
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort North,Texas 76102
oFr[(1,114 � REC0FFR01
C��I�-SECRETARY NI
iI
Easement Encroachment Agreement-Commercial
Revised 4/2020
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Illinois, on this day personally appeared J. D. Salazar, Managing Member (Title) 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 Hartman CTH LLC, a limited liability
company (entity type), and in the capacity therein stated.
GIVEN UNDER MY ILAND AND SEAL OF OFFICE this 9t1i day of June, 2020,
Notary Public in and for the
State of Illinois
"OFFICIAL SEAL"
Marlene Swlck
Notary publt Slala of Illi Iota
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Easement Encroachment Agreement-Commercial Page 9 of 12
Revised 412020
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EXHIBIT A
Map of Easement and Encroachment
Easement Encroachment Agreement-Commercial Page 10 of 12
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VICINITY MAP
N.T.S.
LEGEND:
PROPERTY BOUNDARY
BUILDING
PARKING
FENCE
EDGE OF CONCRETE
EXISTING EASEMENT - - - - - -
PROPOSED ENCROACHMENT- - - - - - - - -
EXHIBIT B SHOWING A
FORT WORTH PARCEL OF PROPERTY 0
OUT of �E•. F., T
LOTS 5 & 6, BLOCK 1 LONGHORN BUSINESS P:'� S T ER•'°F/
PARK ADDITION A;�� Fo'•.N
SITUATED IN THE
A F ALBRIGHT SURVEY ABSTRACT 1849 •••.•••••••••••••••••••••�••
City of Fort Worth TARRAAS COUNTY, TEXAS °°DAMES•E°°DeOTTE••
AS RECORDED IN
200 TEXAS STREET INST. D2 1 71 195 13 A 4673
:°
FORT WORTH, 7X. 76102 PLAT RECORDS OF TARRANT COUNTY TEXAS P
�••••'�FES S�� pQ
PROJECT- LONGHORN BUSINESS PARK CITY PROJECT No. XXXX
SANITARY SEWER EASEMENT ENCROACHMENT PARCELS NO. 1 & 2 S U Rv
EASEMENT ENCROACHMENT AREA:
JDEI JOB No. 2018OJ100 I DRAWN 8Y.• CBC PAGE 4 OF 9 Dote: 61JO12020
JAMES DeOTTE ENGINEERING, INC. • 2201 DOTTIE LYNN PKWY., SUITE 119 FORT WORTH, TX. 76120 • 817-446-6877
TBPE FIRM Reg. No. 8917 • TBLS Firm Reg. No. 101014-00
LOT 1, BLOCK 1 LONGHORN ADD1770N
OWNER:
SARNETT GATHERING LP BY PLAT RECORDED IN
0210114281 P.R.T.C,T.
—oc-,bkl
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5.949 ACRES
hzRACT lJC 144 HARTMAN COURT
A. F, AL6RIGrI1 SURVEY � LOT 5, BLOCK 1
LONGHORN BUSINESS PARK
OWNER., K ZONING
TA,RPAN7' COUNTY WATST —
CONTROL AND �+� �J OWNER:
IMPROVE-VEW DlatRriCT NO, C'-,—_ HARTMAN-RPC LLC
ONE In nC BY PLAT RECORDED IN
BY DEED RECORDED IN Q— D2171195IJ
D 135034265 P.R.T.C.T. LDT C 4, BLOC 1
D,RR,T.C.T. LONGHORN BUSINESS PAR;(
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s D217119513 PORT�liMN—RPC LC
L P.ri T.C.T 87'PLAT RECGRC= IN
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P,R.T.C.T.
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1--PARCEL 2 `.a ,'-' D21711.9513 —
P.O.B.k— P.R.T.C.T
—N8 27 0 r ;
N8927'03"E HARTMAN COURT
23.33' (80• ItIGHT_OF_wnY)
3.972 ACRES
ENCROACHMENT PARCEL 1 .' 145 HARTMAN COURT
LOT 6, BLOCK I ENCROACHMENT PARCEL 2
LONGHORN BUSINESS PARK T r
25' X 85.5 FLOODPLAIN—1 _ K ZONING LOT 7, BLOCK 1
BUFFER EASSE"VENT i � `- _v OWNER. ONGHORN EUSINES.: :-Div.':;
D.217119513 J" HARTMAN-RPC LLC I OWNER:
P,R.T C.T. B?'_PLAT RECORDED IN J i IIRT'9AAI-RPC t!C
I D21?1195.13 BY PLAT RECORDED
P.R.T.C.T "�-�.:- D2171196IJ
\P.R.T C,T.
30' WATHEF i.Jl=L;.0Af7 y lsNCOR R CttrtC<GEL:VE7, Y 06
D20-j441834 BY D£0 RECORDED .P-I
0 150 300 D.r T.C.T DI480J9880
D.R.TC,T.
GRAPHIC SCALE IN FEET
EXHIBIT B SHOWING A
FORT WORTH PARCEL OF PROPERTY 0
OUT of •�E.. F•, T
LOTS 5 & 6, BLOCK 1 LONGHORN BUSINESS P:'G S T ER
PARK ADDITION •*+
SITUATED IN THE 'N
A F ALBRIGHT SURVEY ABSTRACT 1849 .............................
City of Fort Worth AS TARR.4 COUNTY, TEXAS JAMES E. DeOTTE
AS RECORDED IN ..
.........
200 TEXAS STREET INST. D217119513 0 4673
FORT WORTH, TV 76102 PLAT RECORDS OF TARRANT COUNTY TEXAS 'P Q '
PROJECT- LONGHORN BUSINESS PARK CITY PROJECT No. XXXX 9�•'''••• "'
SANITARY SEWER EASEMENT ENCROACHMENT PARCELS NO. 1 & 2 O S U R`I
EASEMENT ENCROACHMENT AREA:
JDEI JOB No. 2018OJ100 DRAWN BY: CBC 1FAGE 5 OF 9 Date: 6/30/2020
JAMES DeOTTE ENGINEERING, INC. • 2201 DOTTIE LYNN PKWY., SUITE 119 FORT WORTH, TX. 76120 817-446-6877
TBPE FIRM Reg. No. 8917 • TBLS Firm Reg, No. 101014-00
i ENCROACHMENT INCLUDES:
CONCRETE PAVING ON SANITARY SEWER EASEMENT
GATE CROSSING SANITARY SEWER EASEMENT
5.949 ACRES
144 HARTMAN COURT
LOT 5, BLOCK 1
LONGHORN BUSINESS PARK
K ZONING
OWNER:
HARTMAN-RPC LLC
BY PLAT RECORDED IN
D217119513
P.R.T.C.T.
T,WCT 13C
A. F. ALBRIGHT SURVEY
0WN.ER. P.O.B. T—25' SEWER EASEMENT
Ti)l?F4ffT COUNTY WATER � , » , D217119.513
CONT.iOL AND N89'27 03 E J�� P.R T C.T.
m4PRm,ELcvr C.15TICT NO.ONE 5.00' 1 �
BY DEED RECORDED fill � � N89 27'0
D 1550,34265 1 i
D.R.T.c.T +00 1+00 376.40
N89 27'03»E' —+-
1
23.33' SO'32'57"E,__ _. _ ___ —__ _ _ _
I 25.00'
J.972 ACRES
PARCEL 1 CONTAINING 125 145 HARTMAN COURT
' ' SQ. FT OR 0.003 AC. LOT 6, BLOCK 1
NO'32 57'W� FENCE WITH ACCESS GATE LONGHORK ZONING
SS PARK
25.00 ; [; ENCROACHMENT ON EXIS77NG
S89 27'03"W' 25' SEWER EASEMENT HARlMOWNER:
W N R: LLC
5,00' J ' I I ' I I BY PLAT RECORDED IN
E ( EXIST7NG 10" SSWR D21 .TC. T3
j] P.R.7:C.T.
SEE PRORLE ON
SHEET 8 FOR DETAILS
0 50 100
GRAPHIC SCALE IN FEET
EXHIBIT B SHOWING A
FORT WORTH PARCEL OF PROPERTY .• 0 F
OUT of E,..••••°° T
LOT 6, BLOCK 1 LONGHORN BUSINESS PARK P:•G I
ADDITION a�� Fo'•°
SITUATED IN THE
A F ALBRIGHT SURREY ABSTRACT 1849 ••°.••••'••••••••••••••••....
City of Fort Worth TARRA AS COUNTY, TEXAS JAMES E. DeO...E
AS RECORDED IN ••q,'•'••••••••••°•••••°••S•••
200 TEXAS STREET INST. D217119513 't A 4673
FORT WORTH, 7X. 76102 PLAT RECORDS OF TARRANT COUNTY TEXAS •••�OF
Es s�,.• O
PROJECT: LONGHORN BUSINESS PARK CITY PROJECT No. XXXX gti0'''•• •• •�'�
SANITARY SEWER EASEMENT ENCROACHMENT I PARCEL NO. 1 S U Rq
EASEMENT ENCROACHMENT AREA: 125 SO. FT. OR 0.003 AC
✓DEI JOB No. 20180JI00 I DRAWN BY- CBC IPAGE 6 OF 9 Dote: 6/30/2020
JAMES DeOTTE ENGINEERING, INC. • 2201 DOTTIE LYNN PKWY., SUITE 119 FORT WORTH, TX. 76120 • 817-446-6877
TBPE FIRM Reg. No. 8917 • TBLS Firm Reg. No. 101014-00
10 U11Ll�lr�1�E,�IEt':°T—,ti
D217119513
5.949 ACRES
144 HARTMAN COURT
LOT 5, BLOCK I R=30.00'
LONGHORN BUSINESS PARK °
K ZONING L=4.99' `
OWNER: CB=N84.41'12"E
HARTMAN-RPC LLC CD=4.99'
BY PLAT RECORDED IN
D217119513 N89 27'11"E'
P.R.T.C.T.
N8927'03"E' 54.40'
72.50' S0732'49"E'
F 25' SEWER :4S0,;1ENT 9.75';
0217I1S513 � fY
P. NO'32'49"W' P.O.B. ( r i "
i I / -
N89 27'03"E'— 25.00 A Q I }f
376.40' 3+00 - —
PARCEL 2 CONTAINING 2,689
SO. FT. OR 0.062 AC. ` x
3.972 ACRES 145 HARTMAN COURT FENCE WITH ACCESS GATE & d=13'06'41
CONCRETE PAVEMENT ' +
LOT s, eLocx 1 R=70.00
LONGHORN BUSINESS PARK ENCROACHMENT ON EXISTING
K ZONING 25' SEWER EASEMENT L=16.02
CB=S 10'56'10"W`
OWNER. EXISTING 10" SSWR
HARTMAN-RPC LLC SEE PROFILE ON CD=15.98'
BY PLAT RECORDED IN \
D21711951 J SHEET 9 FOR DETAILS
P.R.T.C.T. S8927'03'W'\
128.69'
0 "'S0``, 100
GRAPHIC SCALE IN FEET
EXHIBIT B SHOWING A
FORT WORTH PARCEL OF PROPERTY Of
OUT OF
LOT 6, BLOCK 1 LONGHORN BUSINESS PARK
ADDITION c�;•2 °;�
SITUATED IN THE °
A F ALBRIGHT SURVEY ABSTRACT 1849 °•°°•°•••°°•••••°°°"""•°•'
City of Fort Worth TARRANT COUNTY, TEXAS JAMES E. DeOr...
AS RECORDED IN °°%°°°°°°°""°°°°'°•°•':•••
200 TEXAS STREET INST. D217119513 A 4673
FORT WORTH, TX. 76102 PLAT RECORDS OF TARRANT COUNTY TEXAS �•°°;pOF
•.°•f S S ,,•�O
PROJECT." LONGHORN BUSINESS PARK CITY PROJECT No. XXXX 9N0 3 U R`I�
SANITARY SEWER EASEMENT ENCROACHMENT I PARCEL NO. 2
EASEMENT ENCROACHMENT AREA: 2,689 SQ. FT. OR 0.062 AC Date: 613012020
JDEI JOB No. 201803100 TDRAWN BY.• CBC IPAGE 7 OF 9
JAMES DeOTTE ENGINEERING, INC. • 2201 DOTTIE LYNN PKWY., SUITE 119 FORT WORTH, TX. 76120 • 817-446-6877
TBPE FIRM Reg. No. 8917 • TBLS Firm Reg. No. 101014-00
720 PARCEL NO. 1 PROFILE 720
, t I tti tii � ! ! t
715
715
710 710
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705
705
700
700
695
695
690
690
685
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9 N
0 60 120
GRAPHIC SCALE IN FEET
EXHIBIT 8 SHOWING A •
PARCEL OF PROPERTY 0,�
FORT WORTH OUT OF
LOT 6, BLOCK I LONGHORN BUSINESS PARK G
ADDITION
SITUATED IN THE ...........U*).
A F ALBRIGHT SURVEY ABSTRACT 1849
..............
City of Fort Worth TARRANT COUNTY, TEXAS DAMES E. DeOTTE
AS RECORDED IN ....................
200 TEXAS STREET INST D21711951J
4673
ARRANT COUNTY TEXAS FORT WORTH, 7X 76102 PLAT RECORDS OF T %.Z
p
S
PROJECT: LONGHORN BUSINESS PARK --T-c/TY PROJECT No. XXXX
SANITARY SEWER EASEMENT ENCROACHMENT I PARCEL NO. 1 0 S'U R
EASEMENT ENCROACHMENT AREA:
JDE1 JOB No. 2018OJ100 TDRAWN BY.- CBC IPAGE 8 OF 9 Date: 613012020
IJAMES DeOTTE ENGINEERING, INC. - 2201 DOTTIE LYNN PKWY., SUITE 119 FORT WORTH, TX 76120 - 817-446-6877
TBPE FIRM Reg. No. 8917 - TBLS Firm Reg. No. 101014-00
72.5 PARCEL NO. 2 PROFILE 725
720
720
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700
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690 690
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685
685
MO +00 3+50 4+00 4+50 5+00 5+50
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0 60 120
GRAPHIC SCALE IN FEET
EXHIBIT 8 SHOWING A •
PARCEL OF PROPERTY
OUT OF
FORT WORTH LOT 6, BLOCK 1 LONGHORN BUSINESS PARK S T E
o�y
ADDITION
SITUATED IN THE
A F ALBRIGHT SURVEY ABSTRACT 1849 .............................
TARRANT COUNTY, 7EYv4S JAMES E. DeOTTE
City of Fort Worth AS RECORDED IN
INST. D217119513 .,p 4673
200 TEXAS STREET PLAT RECORDS OF TARRANT COUNTY TEXAS FORT WORTH, TY 76102 Essk
PROJECT.- LONGHORN BUSINESS PARK CITY PROJECT No. XXXX
s u
-SANITARY SEWER EASEMENT ENCROACHMENT I PARCEL NO. 2
EASEMENT ENCROACHMENT AREA: DGte: 61JO12020
JDE1 JOB No. 201803100 I DRAWN BY- CBC PAGE 9 OF 9
JAMES DeOTTE ENGINEERING, INC. . 2201 DOTTIE LYNN PKWY, SUITE 119 FORT WORTH-, TX. 76120 817-446-6877
TBPE FIRM Reg. No. 8917 - TBLS Firm Reg. No. 101014-00
EXHIBIT B
Certificate of Insurance
Easement Encroachment Agreement-Commercial Page 11 of 12
Revised 4/2020
EXHIBIT C
Metes and Bounds or Location Description of the Property
Easement Encroachment Agreement-Commercial Page 12 of 12
Revised 4/2020
EXHIBIT A
LEGAL DESCRIPTION
ENCROACHMENT OF EXISTING 25 FOOT SEWER EASEMENT
PARCEL NO. 1
Being a portion of Lot 6, Block 1 of Longhorn Business Park Addition, an addition to the City of
Fort Worth, situated in Tarrant County, Texas as it appears upon the plat recorded in Instrument
Number D217119513 of the Plat Records of Tarrant County, Texas (P.R.T.C.T.), and being more
particularly described as follows:
COMMENCING at a 3/8 inch capped iron rod found for the northwest corner of Lot 5, Block 1
Longhorn Business Park Addition, also being the southwest corner of Lot 1, Block 1 Longhorn
Addition, and being in the west line of a tract of land out of the A. F. Albright Survey as described
in Instrument Number D155034265 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.)
THENCE S 00020'20" E, along the said common line of Lot 5, Block 1 Longhorn Business Park
Addition and said tract of land out of the A. F. Albright Survey, a distance of 454.51 feet to a 5/8
iron rod set with plastic cap stamped "DEOTTE RPLS 4673"set in the southwest corner of Lot 5,
Block 1 Longhorn Business Park Addition, the northwest corner of Lot 6, Block 1 Longhorn
Business Park Addition and being in the west line of said tract of land out of the A. F. Albright
Survey, said point also being in the north line of a 25' Sewer Easement as show in the plat
recorded in Instrument Number D217119513 (P.R.T.C.T.)
THENCE N 89027'03" E, departing said common line of Lots 5 & 6, Block 1 Longhorn Business
Park Addition and said tract of land out of the A. F. Albright Survey and along the common line of
Lot 5 and Lot 6, Block 1 Longhorn Business Park Addition and along the north line of said 25'
Sewer Easement, a distance of 23.33 feet to the POINT OF BEGINNING.
THENCE N 89°27'03" E along the common line of Lot 5 and Lot 6, Block 1 Longhorn Business
Park Addition and along the north line of said 25' Sewer Easement, a distance of 5.00 feet to a
point in the common line of Lot 5 and Lot 6, Block 1 Longhorn Business Park Addition
THENCE S 00032'57" E departing the common line of Lot 5 and Lot 6, Block 1 Longhorn Business
Park Addition and departing the north line of said 25' Sewer Easement, a distance of 25.00 feet
to a point in the south line of said 25' Sewer Easement
THENCE S 89027'03"W along and beyond the south line of said 25' Sewer Easement, a distance
of 5.00 feet to a point
THENCE N 00032'57"W, a distance of 25 feet to the POINT OF BEGINNING and containing 250
square feet or 0.006 acres more or less.
PARCEL NO. 2
Being a portion of Lot 6, Block 1 of Longhorn Business Park Addition, an addition to the City of
Fort Worth, situated in Tarrant County, Texas as it appears upon the plat recorded in Instrument
Number D217119513 of the Plat Records of Tarrant County, Texas (P.R.T.C.T.), and being more
particularly described as follows:
Page 1 of 9
COMMENCING at a 3/8 inch capped iron rod found for the northwest corner of Lot 5, Block 1
Longhorn Business Park Addition, also being the southwest corner of Lot 1, Block 1 Longhorn
Addition, and being in the west line of a tract of land out of the A. F. Albright Survey as described
in Instrument Number D155034265 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.)
THENCE S 00°20'20" E, along the said common line of Lot 5, Block 1 Longhorn Business Park
Addition and said tract of land out of the A. F. Albright Survey, a distance of 454.51 feet to a 5/8
iron rod set with plastic cap stamped "DEOTTE RPLS 4673" set in the southwest corner of Lot 5,
Block 1 Longhorn Business Park Addition, the northwest corner of Lot 6, Block 1 Longhorn
Business Park Addition and being in the west line of said tract of land out of the A. F. Albright
Survey, said point also being in the north line of a 25' Sewer Easement as shown in the plat
recorded in Instrument Number D217119513 (P.R.T.C.T.)
THENCE N 89°27'03" E, departing said common line of Lots 5 & 6, Block 1 Longhorn Business
Park Addition and said tract of land out of the A. F. Albright Survey and along the common line of
Lot 5 and Lot 6, Block 1 Longhorn Business Park Addition and along the north line of said 25'
Sewer Easement, a distance of 376.40 feet to the POINT OF BEGINNING.
THENCE N 89027'03" E along the common line of Lot 5 and Lot 6, Block 1 Longhorn Business
Park Addition and along the north line of said 25' Sewer Easement, a distance of 72.50 feet to a
point in the common line of Lot 5 and Lot 6, Block 1 Longhorn Business Park Addition
THENCE S 00°32'49" E departing the common line of Lot 5 and Lot 6, Block 1 Longhorn Business
Park Addition and departing the north line of said 25' Sewer Easement, a distance of 9.75 feet to
a point
THENCE N 89027'11" E, a distance of 51.90 feet to a point at the beginning of a tangent curve to
the left with a radius of 30.00 feet whose chord bears N 84°41'12" E, a distance of 4.99 feet.
THENCE along said curve to the left through a central angle of 9031'58", a distance of 4.99 feet
to a point in the common line of Lot 6, Block 1 Longhorn Business Park and Hartman Court (an
80 foot right of way) as shown in the plat recorded in Instrument Number D217119513
(P.R.T.C.T.), said point also being on a non-tangent curve to the left with a radius of 70.00 feet
whose chord bears S 10'56'10"W, a distance of 15.98 feet.
THENCE along said non-tangent curve to the left through a central angle of 13°06'41" and along
the common line of Lot 6, Block 1 Longhorn Business Park Addition and Hartman Court (an 80
foot right of way), a distance of 16.02 feet to a point in the common line of Lot 6, Block 1 Longhorn
Business Park Addition and Hartman Court (an 80 foot right of way), said point also being in the
south line of said 25' Sewer Easement
THENCE S 89°27'03" W, departing the common line of Lot 6, Block 1 Longhorn Business Park
Addition and Hartman Court (an 80 foot right of way) and along the south line of said 25' Sewer
Easement, a distance of 128.69 feet to a point
THENCE N 00032'49" W, departing the south line of said 25' Sewer Easement, a distance of
25.00 feet to the POINT OF BEGINNING and containing 2,689 square feet or 0.062 acres more
or less.
Page 2 of 9
NOTES:
1) All bearings and coordinates are in US survey feet surface using a scale factor of
1.000137001 and referenced to the Texas Coordinate System, Nad-83, The North
Central Zone 4202.
2) Exhibit B of same date accompanies this legal description.
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Date: 61JO12020
James E. DeOtte
Registered Professional Land Surveyor
No. 4673
James DeOtte Engineering, Inc.
TBPLS Firm No. 10101400
2201 Dottie Lynn Parkway, Suite 119
Fort Worth, Texas 76120
(817) 446 —6877
Page 3 of 9