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HomeMy WebLinkAboutContract 54265 Date Received: 08/12/2020 City Secretary Time Received: 9:45 am Number: 54265 EASEMENT ENCROACHMENT LICENSE AGREEMENT Residential THIS AGREEMENT is made and entered into by and between THE CITY OF FORT WORTH("City"), a home rule municipal corporation of Tarrant County, Texas, acting by and through its duty authorized City Manager,Assistant City Manager,or Planning and Development Director, and Parkwood Construction LLC ("Licensee'), owner of the real property located at 2833 Weisenberger Street, Fort Worth,Texas 76107(the"Property"),more particularly described in the attached Legal Description. 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 Description of the Property,attached as"Exhibit C"and incorporated herein for all purposes;and WHEREAS, the City has an Access and Utility 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,THE, 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 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 Easement Encroachment Agreement-Residential Page 1 of 15 Revised 04/2020 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX shown thereon, for the purpose of installing 138 feet of awning and 14 feet of balcony above the Easement(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 exhibit(s)attached hereto. 2. All construction,maintenance,or operation in connection with such Encroachment,use,or 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 continence 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 fixture 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 theDirector of Transportation and Public Works or the Director of the Water Department,or their duly authorized representative. Easement Encroachment Agreement-Residential Page 2 of 15 Revised 04/2020 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 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 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 in the sum of Five Hundred Dollars($500.00). Easement Encroachment Agreement-Residential Page 3 of 15 Revised 04/2020 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 upon 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 Legislature; and that City cannot contract away its duty and its legislative power to control the Easement for the use and benefit of the public. It is accordingly agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the Easement to be used for any other public purpose that does not preclude the use of the Encroachment on the Property, including but not being limited to underground, surface, or overhead communication, drainage, sanitary sewerage,transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not, that the parties agree to negotiate in good faith in order to accommodate the Encroachment and the public purpose. 9. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEPEND 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 Easement Encroachment Agreement-Residential Page 4 of 15 Revised 04/2020 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 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 INVITE'E S. t0. While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance as proof that it has secured and paid for a homeowner's insurance policy 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 the following: $300,000 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 homeowner's insurance at all times during the term of this Agreement and until the removal of all encroachments and the cleaning and restoration of the Easement. All insurance Easement Encroachment Agreement-Residential Page 5 of 15 Revised 04/2020 coverage required herein shall include coverage of all of 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 frilly 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 Easement Encroachment Agreement-Residential Page 6 of 15 Revised 04/2020 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 described 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 permission before occupying such property. M 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 contract 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 Easement Encroachment Agreement-Residential Page 7 of 15 Revised 04/2020 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. 'Phis 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 THE FOLLOWING PAGE] Easement Encroachment Agreement-Residential Page 8 of l5 Revised 04/2020 City: Licensee: CITY OF FORT WORTH By.O)Hx,e!ltA.p,7,20201539CUil By: DJ Harrell,Director Name:�0Iy1st, WC !rnh ,Hew Development Services Title: Date: Date: (11 e+ L co a-c> a94vnQ ab0�F�RT° dd ATTEST: ° 00 Approved As To Form and Legality o Cv° z q PPd*o°° Jo*� (J EXA II�bnaaa4o' matt tlirroy(niro?,2020 is:dtlC i Mary Kayser,City Secretary FWBC Sec.3210 City Secretary's Office Matthew A. Murray Assistant City Attorney Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all performance and reporting requirements. �ux�u[3aa.r�uy C! Laurie Lewis Interim Development.Manager Easement Encroachment Agreement-Residential Page 9 of 15 Revised 04/2020 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 774ic. t f{j_ niC=off a; a1 �'rtr.� STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME,[lie undersigned authority,a Notary Public in and For the State of Texas,on this day pursonalty appeared W 1-firrell, Director, known to me to be the person whose name is subscribed to the foregoing instrument,and acknowledged to me that tie executed the same for the purposes and consideration therein expressed,as the act and deed of the City of Port Worth,and in(fie capacity therein stated. GIVEN UNDER MY I-IAND AND SEAL OF OFFICE this 7th day of August 20 20 Jennifer L Digitally signed by Jennifer �4 yP JENNIFER L. EZERNACK Ezemack a° �o Notary Public Ezernack Date:2020.08.07 16:29:06-05'00' * * STATE OF TEXAS r4 Notary I.D. 130561630 Notary Public in and for the State oFTexas or My Comm. Exp.Mar. 1,2024 After recording return to: Planning&Development Development Coordination Office 200 Texas Street Foil North,Texas 76102 Easement Encroachment Agreement-Residential Page 10 of 1.5 Revised 04/2020 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME,the undersigned authority,allotary Public in and for the State of Texas,on this day personally appeared Robert.Shelton, 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 , and in the If W von capacity therein stated. Oan4tw-Ai 0A GIVEN UNDER MY HAND AND SEAL OF OFFICE this �vp c'�,ay of lye..2p;t? Notary Public in and for the �otir!!r!od,. DARLENE DANIEL Notary Public,state of Texas state Df ('0")-Expires 06-22-2023 o'1,'. N018cy ID 11536007 EasementEneroachment Agreement-Residential Page 1 I of 15 Revised 04/2020 OFFICIAL RECORD CITY SECRETARY i FT. WORTH, TX 1 I ttNR:.F? I?It F(;IC.N 1)1 STA,;Cr t 1 S f39"dc3'a9' [Z.W L2 S CO'10'CG' w 2.32' EXHIBIT A o L3 r1 89'49'54' w 6.W' c L'I L()0-IQ,06- £ 2.Re, Map of.Casement and Encroadinjen t.g ri 8949'5,1- w F,h,WEISENBERGER ST. LG ' INa-09':y' c cq.U7— J — - — — � L7 S 89-49'54' E 0.88' 60' R.O,W, `O L8 N()o'10'06! E )I.oa' VOL. 388 A, PG 120 r"89-49,54' w Q.a3, $4, L 1 O —N —_�- Q L 1 1 S $N-49'rA- i_12 N Op-I()'('r=i- Fl 1 I.(P' J C' X I C' PC S E. MY L 13 N 89-49'54• wl o.83• 50,00' $89-49'59"E IRF L i 4 N.Oo'09'55- E 12Q.07' 89-49'54' L I6 N 00-10,06' E 11.OL' J L 17 N 88-49'34' vi 0,t3.3' IR I I (I L I� 1•IUUD PLAIN 5S T. L IS N W'W` 20.07` N I R I I 1 c2'I PERCITf HL itFCP•18.13•i _—� L19 S 89'49'54' E 1.4(51 ` T I f ti'ni;CESSAMC? J L?q -1 Co'10'014 w 11:3,35, J-11Q I� L2I I' -18 I)TIEITYEASEMENT rJil�'10'c?F` E 12,50' j a ,r r L'22 U), $ 89-114'59' E !4.87' WIC? ACCESS CASEQI£NT ACRCrMtiN t L 14 N rw trS'fit- c iN5'f.NU;0 211i 1(id48t1 , L I W J c L 15 +SJ O +-IT-2 \� EASEMEN all LOT {J, I -E14CROACHNIENT rq) O I I I I )L 114 138 St�,FT. Pz �' o BLOCK I I > �I _ m ' "'j— � IJ L1(, � Z1 " W in y , y u, o , wILIC 0 0 uU�l�I 4?IV>0 q, J �� LU .��` it r'�`;9 L7 EASEMEN NCROACHME Qt%,c'!iQC�aU "- 14 SQ.FT. Pi OW,- Scale 1 -3U' \ I-R-4 I �T � ! LE PQ8 �14 =1 z ki e. `� P C , - i=. 21 f-4 L3 P.R.T.C,T• � -- �- 4'J.E. ,c>r`, _wn'ct�tr•, _5i100' —NSd9'59 8l.SS EXHIBIT TT n.T �� 4 /� BLOCK 7 i.o- SHOWING 2 ACCESS ANU- S i fined., U I I L I TY EASEMENT da#e= ENCROACHMENT WAYA 8Y- A.N.A. CONSULTANTS, L.L.G. OAT+ 08-01-i9 i LC;N, M).= 17C0c50.&c ms� , Coll�yvI'lle.Tcz:1s 760.14 AI-"i0 Vt+O UYI rK t)t1icC: (817)335-9�)UU 14 VI ' gT Fac; (817)335.9+955 i 1 j I.1t,�i1.lnuon`no P ft'%�l 15 CF 1 EXHIBIT B Certificate of Insurance Easement Encroachment Agreement-Residential Page 13 of 15 Revised 04/2020 1 AC R® DATE(MM/DD/YYYY) 1✓ CERTIFICATE 4F LIABILITY INSURANCE 08/07/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy()es)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to ilia certificate holder In lieu of such endorsement(s). PRODUCER CUR FAG T NAME: PHIL DAVIS PHIL DAVIS INTEGRA INSURANCE SERVICES ac NoFA E t; 817.666.5252NE (AIc,No): 262 CARROLL ST,SUITE 27 ADDRESS: Phil@PhilDavis)ntegra.com INSURER(S)AFFORDING COVERAGE NAIL M FORT WORTH TX 76107 INSURERA; Nautilus INSURED INSURER B: PARKWOOD CONSTRUCTION,LLC INSURER C: PO BOX 7777 INSURER D INSURER E: FORT WORTH TX 76111 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS 81IBJF.CT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR TYPE OF INSURANCE €NSR WVO POLICY NUMBER (MMIDDIYYYY)I(MMIDO YYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1.000,000 COMMERCIAL GENERAL LIABILITY PRE1.11'Es(Ea occurrence) $ 100,000 V/ICLAIMS•MAOE DOCCUR MED EXP(Any ono parson) S 5,000 A NN1151633 07/1712020 07/17/2021 PERSONAL aAOVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGO $ INCLUDED POLICY , JECOT LOG $ AUTOMOBILE LIABILITY (Ea occidnnl) S ANY AUTO 90DILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Per acciden) S AUTOS AUTOS NON-OWNED S HIRED AUTOS AUTOS (Per nrzidenq S UMBRELLA LIAII OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE S DED RETENTION$ S ORKERS COMPENSATION CSTATU• OTH- NOEMPLOYERS'LIABILITY YIN TORY LIMITS ER NY PIRCPRIETORlPARTNMEXECUTIVE❑NIA E.L.EACH ACCIDENT S FF CERIMEMBER EXCLUDED? Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S t yes,describe under ESCRIP-TION OF OPERATIONS Lebow E.L.DISEASE-POLICY LIMIT S L RIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 1111,Addiflonal Remarks Schedule,It more space Is required) vacantlot CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN CITY OF FORT WORTH ACCORDANCE WITH THE POLICY PROVISIONS. Perm((/IPN20-00036 AUTHORIZED REPRESENTATIVE 200 TEXAS ST FORT WORTH TX 76102 7 � ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION, All rights reserved. The ACORD name and logo are registered marks of ACORD EXHIBIT C Metes and Bounds or Location Description of the Property REAL PROPERTY DESCRIPTION BEING TWO PARCELS OF LAND SITUATED AND BEING A PORTION OF LOT 2-R, BLOCK 11, WEISENBERGER ADDITION AND ADDITION TO THE CITY OF FORT WORTH, AS RECORDED IN INSTRUMENT NUMBER D219145228, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: PARCEL 1: COMMENCING AT A 5/8 INCH IRON FOUND FOR THE SOUTHWEST CORNER OF SAID LOT2-R, AND THE SOUTHEAST CORNER OF LOT 1-R-4, BLOCK 11, WEISENBERGER ADDITION AS RECORDED IN INSTRUMENT NUMBER D216172493, OF SAID PLAT RECORDS, ALSO BEING IN THE NORTH LINE OF LOT 1R-4, BLOCK 7, LINWOOD ADDITION AN ADDITION TO THE CITY OF FORT WORTH AS RECORDED IN INSTRUMENT NUMBER D217055372, OF SAID PLAT RECORDS; THENCE NORTH 00 DEGREES 10 MINUTES 01 SECONDS EAST, 12.50 FEET IIITH THE WEST LINE OF SAID LOT 2--R, TO THE NORTH LINE OF 12.50 FEET WATER AND SEWER EASEMENT; THENCE SOUTH 89 DEGREES 49 MINUTES 59 SECONDS EAST, 14,87 FEET WITH THE NORTH LINE OF SAID WATER AND SEWER EASEMENT TO THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 49 MINUTES 59 SECONDS EAST, 6.00 FEET; THENCE SOUTH 00 DEGREES 10 MINUTES 06 SECONDS WEST, 2.32 FEET; THENCE NORTH 89 DEGREES 49 MINUTES 54 SECONDS WEST, 6,00 FEET; THENCE NORTH 00 DEGREES 10 MINUTES 06 SECONDS EAST, 2.32 FEET TO THE POINT OF BEGINNING AND CONTAINING 14 SQUARE FEET OF LAND MORE OR LESS. PARCEL 2: COMMENCING AT A 5/8 INCH IRON FOUND FOR THE SOUTHWEST CORNER OF SAID LOT2-R, AND THE SOUTHEAST CORNER OF LOT 1-R-4, BLOCK 11, WEISENBERGER ADDITION AS RECORDED IN INSTRUMENT NUMBER D216172493, OF SAID PLAT RECORDS, ALSO BEING IN THE NORTH LINE OF LOT 1R-4, BLOCK 7, LINWOOD ADDITION AN ADDITION TO THE CITY OF FORT WORTH AS RECORDED IN INSTRUMENT NUMBER D217055372, OF SAID PLAT RECORDS; .THENCE SOUTH 89 DEGREES 49 MINUTES 59 SECONDS EAST, 8.00 FEET WITH THE SOUTH LINE OF SAID LOT 2-R, TO THE EAST LINE OF 8 FEET WIDE ACCESS AND UTILITY EASEMENT. THENCE NORTH 00 DEGREES 10 MINUTES 01 SECONDS EAST, 13.51 FEET WITH THE EAST LINE OF SAID ACCESS AND UTILITY EASEMENT TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 49 MINUTES 54 SECONDS WEST, 1.46 FEET; THENCE NORTH 00 DEGREES 09 MINUTES 55 SECONDS EAST, 20.07 FEET; THENCE SOUTH 89 DEGREES 49 MINUTES 54 SECONDS EAST, 0.83 FEET; THENCE NORTH 00 DEGREES 10 MINUTES 06 SECONDS EAST, 11.02 FEET; Easement Encroachment Agreement-Residential Page 14 of 15 Revised 04/2020 THENCE NORTH 89 DEGREES 49 MINUTES 54 SECONDS WEST, 0.83 FEET; THENCE NORTH 00 DEGREES 09 MINUTES 55 SECONDS EAST, 20.07 FEET; THENCE SOUTH 89 DEGREES 49 MINUTES 54 SECONDS EAST, 0.83 FEET; THENCE NORTH 00 DEGREES 10 MINUTES 06 SECONDS EAST, 11.02 FEET; THENCE NORTH 89 DEGREES 49 MINUTES 54 SECONDS WEST, 0.83 FEET; THENCE NORTH 00 DEGREES 09 MINUTES 55 SECONDS EAST, 20.07 FEET; THENCE SOUTH 89 DEGREES 49 MINUTES 54 SECONDS EAST, 0.83 FEET; THENCE NORTH 00 DEGREES 10 MINUTES 06 SECONDS EAST, 11.02 FEET; THENCE NORTH 89 DEGREES 49 MINUTES 54 SECONDS WEST, 0.83 FEET; THENCE NORTH 00 DEGREES 09 MINUTES 55 SECONDS EAST, 20.07 FEET; THENCE SOUTH 89 DEGREES 49 MINUTES 54 SECONDS EAST, 1.46 FEET TO THE EAST LINE OF SAID EASEMENT; THENCE SOUTH 00 DEGREES 10 MINUTES 01 SECONDS WEST, 113.35 FEET WITH SAID EASEMENT TO THE POINT OF BEGINNING AND CONTAINING 138 SQUARE FEET OF LAND MORE OR LESS. Easement Encroaclnnent Agreement-Residential Page 15 of 15 Revised 04/2020 Development Services Department Contract Management Office 200 Texas Street Fort Worth,TX 76102 ® Jennifer.Ezei7iack n,fortworthtexas.gov 12 (817)392-2737 I am here to serve you!How am I doing?Please contact my manager at Janie.Morales(2fortworthtexas.gov Please take our Customer Service Survey at http://fortworthtexas.eov/development/ City of Fort Worth-Working together to build a strong community Follow Fort Worth! 910 1 M M 10 GWI 2