Loading...
HomeMy WebLinkAboutContract 54285 Date Received: 08/14/20 City Secretary Time Received: 8:53 AM Number: 54285 EASEMENT 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 Development Services Director, and Eagle Mountain-Saginaw Independent School District, a Texas Independent School District ("Licensee"), owner of the real property located at 7101 Lake Country Drive, Fort Worth, Texas 76179 ("Property"), acting by and through its duly authorized agent, Steven Newcom. 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 installing approximately 16 LF 8" private water line, 16 LF of 4" private water line, and 15 LF of 24" private storm line (the "Encroachment"). Upon completion of the OFFICIAL RECORD Easement Encroachment Agreement-Commercial Page 1 of 12 CITY SECRETARY Revised 4/2020 FT.WORTH,TX 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. 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, to the extent not caused by the City, but the City will make reasonable efforts to minimize such damage. Easement Encroachment Agreement-Commercial Page 2 of 12 Revised 4l2020 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 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 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 Easement Encroachment Agreement-Commercial Page 3 of 12 Revised 4/2020 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. TO THE EXTENT ALLOWED BY TEXAS LAW AND WITHOUT WAIVING ITS GOVERNMENTAL IMMUNITY, 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, TO THE EXTENT CAUSED BY LICENSEE'S OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND , TO THE EXTENT ALLOWED BY TEXAS LAW AND WITHOUT WAIVING ITS GOVERNMENTAL IMMUNITY, 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. Easement Encroachment Agreement-Commercial Page 4 of 12 Revised 4/2020 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. 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. Easement Encroachment Agreement-Commercial Page 5 of 12 Revised 4/2020 16. In any action brought by the City for the enforcement of the obligations of the Licensee, the City shall be entitled to seek interest and reasonable attorneys' fees, in accordance with Texas law. 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. 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. Easement Encroachment Agreement-Commercial Page 6 of 12 Revised 4/2020 City: Licensee: CITY OF FORT WORTH By: DJ Harrell(Aug 12,2U20 07:56 CDT) By: DJ Harrell, Interim Director Name: Steven Newcom Development Services Department Title: Board President Date: 8-12-2020 Date: 304"2e, By: Name: Title: Date: ATTEST: ��F FAR 000 Approved As To Form and Legality o °E-o 9 d G� -tP �v8 °_� p�P* o 000000000 Matt Murray(Aug 11,202 17:04 CDT) Mary Kayser, City Secretary FWBC Sec. 3210 City Secretary's Office Matthew A. Murray,Assistant City Attorney City Secretary's Office 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. C- uGa� 4 rr � J ifer Ezern6On behalf o g 11,202016:53 CDT) Laurie Lewis Interim Development Manager Easement Encroachment Agreement-Commercial OFFICIAL RECORD Page 7 of 12 CITY SECRETARY Revised 412020 FT.WORTH,TX STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared D.J. Harrell, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of the City of Fort Worth, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 12th day of August , 2020 le LAURIE PEQUENO LEWIS My Comm.Exp.Dec. 10,2023 LAURIE Digitally signed byLAURIE Notary Public PEQUENO LEWIS STATE OF TEXAS PEQUENO LEWIS Date:2020.08.1208:17:58-05'00' Notary I.D. 132278952 Notary Public in and for the State of Texas After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth,Texas 76102 OFFICIAL RECORD Easement Encroachment Agreement-Commercial Page 8 of 12 CITY SECRETARY Revised 4/2020 FT.WORTH,TX 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 Steven Newcom, Board President (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 Eagle Mountain-Saginaw Independent School District, a public school district(entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 30#�day of , MAD My Notary 1D#10041206 Notary Public in and for the ;� �' March9,= 77 .. State of J� Easement Encroachment Agreement-Commercial OFFICIAL RECORD Page 9 of 12 CITY SECRETARY Revised 4/2020 FT.WORTH,TX EXHIBIT A Map of Easement and Encroachment Easement Encroachment Agreement-Commercial Page 10 of 12 Revised 412020 a d N � a N S t � � W eo W U � a � 0H x Q um �� Z 9NI5dS s LU a Z o d WC Z W 3 m G W o o W / o, W Vf ' QV $OIL" DR' � 'v Q LU> W i N i H W »>NNN p5 W:v z �fl d / d © � I c O co W II Q o o � cn 3N17IAJ7 UIJ l o a ._._._._.J U o J 9. as am2 ivoe _ Q OZZI Vu JNI'JdS ,f Ell— = U CD 0 00 jz � s � CD o Jay N�y� �d O qp o d Ho �Q c p7 p u t I I >Z y eo a U° ~/ .~ W/ \ a Q / \ 30 .e ul ZJ J O O o o W �Q c.—i W / u m ° LJJ aw �nnnn , r / / II JI JI JI N WO cz, a N W W N LU / / m c,-: / mal I \ / o J / / N e Q ? cl :os`os• / // � �O�X / / m / z-, s / o i o CD LLJ CD CL n �U U J m � Q / � N / N L i O d eo f2 - g2 LU *Ln ku _ 0 / � �R } E* IZ_ � �� 0 ix� rLu Ln L� o. 0 0-) LU �- / / 00 ° I= 'tr LU 0 � f< y o Z> + I q 4 m � . . x IQ Lki , a Q Q k Q J r yy � a2#») § » ± ■| � �: �w2§| ƒ R 0 �§ ; + ■ 0 0 0 c CL � � \ a a V1 y t eo W ZZ W N Vf 20 OU IW aI W ° Q U� x Z � g H rL O mZ Lu~W W ZZ 3 d� W� 0 o W LL cJ W W o W NH O O T W� V o. 0 0-) G ce �t d N W co II �� 00 1'-- CHC W W G y~ W Z> � Z � Z O Nd -� O w y C NI � 9,9 Y A Z � ztz Li O °p = 3^ � o a" � ® O N O O O 0-) 0 Om C 0 N d � N L a o O� s�OV a V1 y t eo W Lu _K *Z �$ U Ln oOx 0 0 a edu 0 0—) x Q ZZ� �HZZ MM y Z LU II II W c W Z� 3: m Lu ix v o o W g 0 LL n� WH Z Ln o W NH Q- V W N Nf W LU O N> WaCL 3.89' / N lw SS W Ya W = k---: L.LA Q O n n o o � Wz � � p O oo O 0 00 Om C a N d � N L aeo / Vrl W 81�—E� c ce v Z m ZLUX XoZW zmGW LL _ oW LU LU / Q n� W o 1W NU m N W / 1 � Ln W Z / - N W `5 o �m 3 / \ ) Y \ CL / vw J �UU / W 9 06 / so 0 106 / m S t� � n 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" "PUBLIC EASEMENT ENCROACHMENT" BEING 62 square feet of land in 3 parts, situated in the D.C. Pace Survey,Abstract No. 1245, City of Fort Worth, Tarrant County, Texas, being a portion of two tracts of land described in deeds to Eagle Mountain-Saginaw Independent School District, a Texas independent school district,according to the deed filed in Instruments#D219132005 and #D220097612, Deed Records of Tarrant County, Texas (D.R.T.C.T.), and also being a portion of Tract A,Phase 2,Unit 1,Lake Country Estates,an addition to the City of Fort Worth, Tarrant County, Texas, as filed in Volume 388-75, Page 33, Plat Records of Tarrant County,Texas(P.R.T.C.T.),and being more particularly described by metes and bounds as follows: Part 1 COMMENCING at a 5/8 inch iron rod found at a northwest corner of said Tract A,also being a re-entrant corner of said Eagle Mountain-Saginaw ISD tract(#D219132005),and being the northwest comer of said Eagle Mountain-Saginaw ISD had(#D220097612), from which a I inch iron rod found at a northeast comer of said Tract A, also being a re-entrant corner of said Eagle Mountain-Saginaw ISD tract(#D219132005), and being the most northerly northeast comer of said Eagle Mountain-Saginaw ISD tract (#D220097612),bears N 60°24'07"E,a distance of 145.73 feet; THENCE N 60°24'07"E, along the most northerly south line of said Eagle Mountain- Saginaw ISD tract(#D219132005), the north line of said Eagle Mountain-Saginaw ISD tract(#D220097612),and along a north line of said Tract A,a distance of 109.03 feet to the west edge of a 15' Sanitary Sewer Easement, filed in Volume 5948, Page 546, D.R.T.C.T.; THENCE S 29°40'35" E, over and across said Tract A, over and across said Eagle Mountain-Saginaw ISD tract(#D220097612),and along a west line of said west edge of said Easement, a distance of 158.68 feet to the POINT OF BEGINNING of Part 1 of the hereinafter described tract of land; THENCE crossing over and across an east line of said Tract A,over and across the most northerly east line of Eagle Mountain-Saginaw ISD tract(#D220097612), and over and across a west line of said Eagle Mountain-Saginaw ISD tract (#D219132005), the following courses and distances; N 43°34'49"E,over and across said Easement,a distance of 15.66 feet to an east line of said Easement; S 29°40'35"E, along an east line of said Easement,a distance of 1.04 feet; Sheet 1 of 6 EMS 19291 S 43°34'49"W,over and across said Easement,a distance of 15.66 feet to a west line of said Easement; N 29°40'35"W,along a west line of said Easement,a distance of 1.04 feet to the POINT OF BEGINNING and containing 16 square feet land. Part 2 CONEMENCING at a 5/8 inch iron rod found at a northwest comer of said Tract A,also being a re-entrant comer of said Eagle Mountain-Saginaw ISD tract(#D219132005),and being the northwest comer of said Eagle Mountain-Saginaw ISD tract(#D220097612), from which a I inch iron rod found at a northeast comer of said Tract A, also being a re-entrant comer of said Eagle Mountain-Saginaw ISD tract(#D219132005),and being the most northerly northeast comer of said Eagle Mountain-Saginaw ISD tract (#D220097612),bears N 60°24'07"E,a distance of 145.73 feet; THENCE N 60°24'07"E, along the most northerly south line of said Eagle Mountain- Saginaw ISD tract(#D219132005),the north line of said Eagle Mountain-Saginaw ISD tract(#D220097612),and along a north line of said Tract A,a distance of 109.03 feet to the west edge of a 15' Sanitary Sewer Easement, filed in Volume 5948, Page 546, D.RT.C.T.; THENCE S 29°40'35" E, over and across said Tract A, over and across said Eagle Mountain-Saginaw ISD tract(#D220097612),and along a west line of said west edge of said Easement, a distance of 167.03 feet to the POINT OF BEGINNING of Part 2 of the hereinafter described tract of land; THENCE crossing over and across an east line of said Tract A,over and across the most northerly east line of Eagle Mountain-Saginaw ISD tract(#D220097612), and over and across a west line of said Eagle Mountain-Saginaw ISD tract (#D219132005), the following courses and distances; N 43°34'49"E,over and across said Easement,a distance of 15.66 feet to an east line of said Easement; S 29°40'35"E,along an east line of said Easement,a distance of 1.04 feet; S 43°34'49"W,over and across said Easement,a distance of 15.66 feet to a west line of said Easement; N 29°40'35"W,along a west line of said Easement,a distance of 1.04 feet to the POINT OF BEGINNING and containing 16 square feet land. Sheet 2 of 6 EMS 19291 Part 3 COM IENCING at a 5/8 inch iron rod found at a northwest comer of said Tract A,also being a re-entrant comer of said Eagle Mountain-Saginaw ISD tract(#D219132005),and being the northwest comer of said Eagle Mountain-Saginaw ISD tract(#D220097612), from which a 1 inch iron rod found at a northeast comer of said Tract A, also being a re-entrant comer of said Eagle Mountain-Saginaw ISD tract(#D219132005),and being the most northerly northeast comer of said Eagle Mountain-Saginaw ISD tract (#D220097612),bears N 60°24'07"E,a distance of 145.73 feet; THENCE N 60°24'OT' E, along the most northerly south line of said Eagle Mountain- Saginaw ISD tract(#D219132005), the north line of said Eagle Mountain-Saginaw ISD tract(#D220097612),and along a north line of said Tract A,a distance of 109.03 feet to the west edge of a 15' Sanitary Sewer Easement, filed in Volume 5948, Page 546, D.R.T.C.T.; THENCE S 29°40'35" E, over and across said Tract A, over and across said Eagle Mountain-Saginaw ISD tract(#D220097612),and along a west line of said west edge of said Easement,a distance of 202.28 feet; THENCE N 89°26'28"E,crossing over and across an east line of said Tract A,over and across the most northerly east line of Eagle Mountain-Saginaw ISD tract(#D220097612), over and across a west line of said Eagle Mountain-Saginaw ISD tract(#D219132005), and along a south line of said Easement, a distance of 28.46 feet to the POINT OF BEGINNING of Part 3 of the hereinafter described tract of land; N 00°05'21"E,over and across said Easement,a distance of 15.00 feet to a north line of said Easement; N 89°26'28"E, along a north line of said Easement,a distance of 2.00 feet; S 00°05'21"W,over and across said Easement,a distance of 15.00 feet to a south line of said Easement; S 89°26'28"W,along a south line of said Easement,a distance of 2.00 feet to the POINT OF BEGINNING and containing 30 square feet land. Sheet 3 of 6 EMS 19291 SE OF ►�. 23, 2020 I H pN y� siMS eron W. Sims, R.P.L.S Texas Registration No. 57 90 r oze s%° Surveyed on the ground May 29, 2020 ���BUHV��' 1. Bearings of lines shown hereon refer to Grid North of the Texas Coordinate System of 1983 (North Central Zone; NAD83(2011) 2010.00) as derived locally from Western Data Systems Continuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK) methods. An average Combination Factor of 1.000148415 was used to scale grid coordinates and distances to surface. 2. Integral parts of this survey: a. Legal Description b. Sketch Sheet 4 of 6 EMS 19291 TRACT A, PH 2, UNIT 1 IVt M LAKE COUNTRY ESTATES 1)El 0 of Urmi ftwn huew refer b Grid North of tM Tw Cwm&mb System of VOL. 388-75, PG. 33 1983(North Cenbwl Zb ws NADaBWI)2010.00)ws de*nd bcdy from Wrdwrn Dwh P.R.T.C.T. Sysbnn Conarsrowty opeaft Refwsnos Std m (CORE)via Rawl Ttms Kkwmdb (RW rtrsllnd 1 An wvsrwps Combkwdbn Fwabr of 1A00148415 vas wed b wads grid LAKE COUNTRY CHURCH and dleEwrroes to$U*M INST. ID214247092 2)Inpegrd parts of this wwr. N D.R.T.C.T. d UvW Dew r"m (Remainder or TRACT Id) tL Sb*h SCALE 1"=100' LAKE COUNRY CHURCH / LINE FOR JNST. ID2 15 1 793 1 1 DIRECTIONAL ` D.R.T.C.T. \ CONTROL Ole I' !RF (CONTROL MON.) Q EAGLE MOUNTAIN-Sr40NAW 1 INDEPENDENT SCHOOL DISTRICT, a I A•C \\\ Texas independent school district \ \\ INST. 1219132005, D.R.T.C.T. I 518` IRF (CONTROL MON.) \� 15' S.S. ESM7. O \\` �VOL. 5948, PG. 546 I U `r D.R.T.C.T P.O.B. - PART 1 (16 S.F.) PUBLIC ESU F. ENCROACHMENT P.O.B. - PART 2 S.F.) PUBLIC ESMT. ENCROACHMENT IP.O.B. - PART .3 (30 S.F.) / IPUBLIC ESMT. ENCRO4CHMENT 1 EAGLE MounrGINAW I INDEPENDENT SCHOOLHOOL D SEE DETAIL DISTRICT, o (SHEET 2 OF 2) Texas independent school district l INST. 12 1 9 1 32005 TRACT A, PH 2, UNIT 1 \ D.R.T.C.T. LAKE COUNTRY ESTATES VOL 388-75, PG. 33 \ P.R.T.C.T. VEY � EAGLE MOUNTAIN-SAGINAW S tJ 5 INDEPENDENT SCHOOL DISTRICT, a D.eETexas independent school district A LOT BLK. 1 llO INST. R2. 12 TERRACE GREEN �• � P R.T.C.C.T.T. VOL, 388-164, PG. 13 ' � �' �• P.R.T.C.T. � EXffiBIT "B" PUBLIC EASEMENT Of '~ ENCROACHMENTS � rid•:? TEXAS G SIMS,RAT N NO �IMERON W.»SIMS-•• Situated in the D.C. Pace Smv, Abstract No. 1245, TEXAS REGISTRATION NO 5887 ..v......»»...»..••••v i q 5887 ': City of Fart War&,Ta rra t County,Teams,and being a 23, 2020 % 0 + Date: Jul 1 of Tract A. Plisse 2, Unit t 1, L Country y �9ti hE»5:� Robots,an addition to the City of Fart Wards,Tarrant Surveyed on the ground SUR14 Comity, Teams, as fled in Vohrme 399-75, Page 33, May 29, 2020 Plat Records of Tarrant County,Texas. teague nail & perkins 53.37 N.Rivwesidw wwr Seib 100 ^A, Fed WwBr,Twooss 76137 a17.3S6—W3 ph a17.33%"M fx JOB No. EMS 19291 tnpwww..OM AM TilM No.100116-N SHEET 5 OF 6 P.•\SURVEY\£Af51s291\cad\mn"W\Eftwrm-s&lPublic Easement Encroachments — Pbye I.dwq I" IRF AR7= \ (CONTROL MON.) 1)BawkV of ices MOM heeaon Idar to&W North of the Tams Cord nab SyMm of 1988(North Centrd Zone;NA083(E011)2MOX)m dm* boat' \ \ vim Red irn. Kkm (RT1Q ar0n 1 An ape Cafthwft Fbctm of 1.OW148416 was rued to sods ��p� prld mo�+sees and d ist ances to suhos. G00. 2)' 1 a parts of this w"W. b.� SCALE 1"=40' JE \ a �6 ��o S70'2307"E 37.29' \ EAGLE MOUNTAIN—SAGINAW \ \\ INDEPENDENT SCHOOL DISTRICT, a Texas independent school district INST. 1219132005, D.R.T.C.T. .O.C. %P. 518" IRF �Ss (CONTROL MON.) 15' S.S. ESM7. VOL. 5948, PG. 546 TRACT A, PH 2, UNIT 1 D.R.T.C.T. LAKE COUNTRY ESTATES VOL 388-75, PG. 33 \ P.R.T.C.T. EAGLE EAGLE MOUN7AIN—S4GIN4W \ MOUNTAIN—SAGINAW INDEPENDENT SCHOOL DISTRICT, o INDEPENDENT SCHOOL Texas independent school district DISTRICT, a Texas INST. /0220097612, D.R.T.C.T. �'� L3 independent school >� L6 district 1 \ INST. /219132005 P.O.B. = T.PART 1 (16 S.F.) \ D.R.T.C.T. PUBLIC ESM' ENCROACHMENT \ P.O.B. PART 2 (16 SF.) L10 PUBLIC ESM7. ENCROACHMENT L4 L8 �\ L12 I N89'26'28"E Line Direction Length 28.46' L1 N43'34'49'E 15.66' P.Q.B. — PART 3 (30 S.F.) L2 S29'40'35'E 1.04' PUBLIC ESMT. ENCROACHMENT L3 S43'34'49W 15.66' L4 N29'40'35W 1.04' L5 N43'34'49"E 15.66' L6 S29'40'35"E 1.04' c v jt _ V �,1 K L7 S43'34'49"W 15.66' S 1 H •' EXMrr non L8 N29'40'35W 1.04' p A N 0• PUBLIC EASEMENT L9 N0(T05'21'E 15.D0' D. �• L+ �. L10 N89'26'28"E 2.00' '7 ENCROACHMENT L11 S00'05'21"W 15.00' 3ii3n tad in the D.C.Paco Survey,Abatntat No. 1245,City of Fort L12 S89 26'28"W 2.00' Worth,Tarrant Calmly,Tawas, and berg a portion of Trad A. Phase 2,Unit 1,Lake Country Estates,an addition to the City of Fort Worth, Tarrant County, Texas, as filed in Vohmxi 3W75, Page 33,Plat Records of Thum t County,Taraa. teague nall & perkins 5w N.Rlvw""Draw,&ft 100 Fort Wodk Tools 76187 e17X*.5M Pti 817.332W%hr JOB No. EMS 19291 pwww-mow—mm/TBM ReMsMMon No.1001164)0 SHEET 6 OF 6 P•\SURVEY\EM519291\cad\survey\Easements\Pub6c Easement Encroachments — Phge 2.dvg