Loading...
HomeMy WebLinkAboutContract 54314 08/20/2020 CSC No.54314 1:09 PM EASEMENT ENCROACHMENT LICENSE AGREEMENT THIS AGREEMENT is made and entered into effective as of August 18,2020 (the "Effective Bate") by and between THE CITY OF FORT WORTH ("City") and American Airlines, Inc. ("Licensee"), lessee of the real property located at 4501 Highway 360,Fort Worth, Texas 76155 ("Property"). RECITALS WHEREAS, Licensee entered into a lease agreement (the "Lease") with Dallas/Fort Worth International Airport Board (the "Airport Board"), the owner of the Property, and Licensee must expand a portion of the City's existing right-of-way (FAA Boulevard)in order to construct new improvements; WHEREAS, the expanded right-of-way will be created by a separate right-of- way easement for the new FAA Boulevard roadway alignment (the "Easement") described by metes and bounds on Exhibit "A" attached hereto, will be created by a separate easement instrument to be executed by the Airport Board; WHEREAS, the conveyance of the Easement must be approved by the Airport Board and both the Cities of Dallas and Fort Worth, which is very time consuming and not completely certain; WHEREAS, on or about the Effective Date, Licensee and City are executing a license agreement for the area that will be covered by the Easement to allow Licensee to begin construction of the new roadway alignment and anticipate the Airport Board's conveyance of the Easement at a later time; WHEREAS, the City and Licensee desire to enter into this Agreement to allow Licensee to construct, place and maintain certain improvements which will encroach into the Easement area as shown on the map attached to this Agreement as Exhibit `B" and incorporated herein for all purposes; WHEREAS, City will allow the encroachment under the terms and conditions as set forth in this Agreement to accommodate the needs of the Licensee; and WHEREAS,Licensee has authority under the Lease to enter into this Agreement. NOW,THEREFORE, the City and Licensee agree as follows: OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Easement Encroachment Agreement-Commercial Page I 25934545v.4 Rev.01/201 S AGREEMENT 1. 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 upon and occupy a portion of the Easement for the purpose of installing, maintaining, and operating private storm drains and private storm inlets (collectively the "Encroachment") as described in and at the location shown on Exhibit`B",but only to the extent shown thereon. 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 Easement beyond what is specifically described in Exhibit`B"attached hereto. 2. All construction, maintenance and operation in connection with such Encroachment, use and occupancy shall be performed in strict compliance with this Agreement and the City's Charter, Ordinances and Codes and in accordance with the directions of the Director of the Transportation and Public Works or the Director of the City's Water Department, or his or her duly authorized representative. Licensee shall submit all plans and specifications to the applicable Director or his or her duly authorized representative prior to the construction of the Encroachment. Licensee shall not commence construction of the Encroachment until receiving written approval by the Director, but such approval shall not relieve Licensee of responsibility and liability for concept, design and computation in the preparation of such plans and specifications. 3. Upon prior written notice to Licensee, except in the case of an emergency, Licensee agrees that City may enter and utilize the referenced areas at any time for the purpose of installing, repairing, replacing, or maintaining improvements to its public facilities or utilities necessary for the health, safety and welfare of the public or for any other public purpose. City shall bear no responsibility or liability for any damage or disruption or other adverse consequences resulting from the Encroachment installed by Licensee, but City will make reasonable efforts to minimize such damage. In the event that any installation, reinstallation, relocation or repair of any existing or future utility or improvements owned by, 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 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 said Director's duly authorized representative. Easement Encroachment Agreement-Commercial Page 2 Rev.01/2018 25934545v.4 4. Licensee agrees to pay to City at the time this Agreement is requested an application fee of$325.00 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. 5. The term of this Agreement shall be for the duration of the Lease, commencing on the Effective Date. However, this Agreement shall terminate upon Licensee's non- compliance with any of the terms of this Agreement. City shall notify Licensee in writing of the non-compliance, and if not cured within 30 days, this Agreement shall be deemed terminated, unless such non-compliance is not susceptible to cure within 30 days, in which case this Agreement shall be deemed terminated in the event that Licensee fails to commence and take such steps as are necessary to remedy the non-compliance within 30 days after written notice specifying the same, or having so commenced,thereafter fails to proceed diligently and with continuity to remedy same. 6. It is further understood and agreed between the parties hereto that the Easement to be used and encroached upon as described herein, 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. 7. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, ARISING OUT OF OR IN CONNECTION WITH, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF 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 Easement Encroachment Agreement-Commercial Page 3 Rev.01/2018 25934545v.4 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 WITH RESPECT THERETO. THE FOREGOING INDEMNITY SHALL NOT APPLY WITH RESPECT TO MATTERS ARISING OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY THE CITY'S OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,LICENSEES, ELECTED OFFICIALS OR INVITEES. 8. 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 Commercial General Liability with the understanding and agreement by Licensee that such insurance amounts may be reasonably 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 30 days prior written notice to the Building Official of the City of Fort Worth. Within 30 days of execution of this Agreement, Licensee agrees to submit a copy of such Certificate of Insurance. Licensee agrees to submit a similar Certificate of Insurance annually to City on the anniversary of the Effective Date. Licensee agrees, binds and obligates itself, 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 Licensees' contractors and subcontractors. 9. At Licensee's expense, Licensee shall file this agreement in the Real Property Records of Tarrant County, Texas within fifteen (15) days of its full execution. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. 10. Easement Encroachment Agreement-Commercial Page 4 Rev.01/2018 25934545v,4 Licensee agrees to comply fully with all applicable federal, state and local laws, statutes, ordinances, codes or regulations in connection with the construction, operation and maintenance of the Encroachment and uses. 11. 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. 12. 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. 13. 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 beyond what is contemplated in this Agreement. 14. In any action brought by the City for the enforcement of the obligations of the Licensee, City shall be entitled to recover interest and reasonable attorney's fees. 15. The parties agree that the duties and obligation contained in Section 3 shall survive the termination of this Agreement. 16. Easement Encroachment Agreement-Commercial Page 5 Rev.01/2018 25934545v.4 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 City, and any attempted assignment without such written approval shall be void. The foregoing prohibition shall not prohibit Licensee from collaterally assigning this Agreement in connection with any financing. 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 60 days of such foreclosure or assignment and assumes all of Licensees' 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. 17. 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. 18, This Agreement shall be binding upon the parties hereto,their successors and assigns. THIS AGREEMENT may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGE(S)FOLLOW] Easement Encroachment Agreement-Commercial Page 6 Rev.01/2018 25934545v.4 AGREED: LICENSEE: AMERICAN AIRLINES, INC. CITY: CITY OF FORT WORTH 4Presii'dent DJ Harrell(Aug 18,202009:48 CDT) Kirk '� DJ Harrell, Vice —Airporf Affa rs and Facilities Development Services Director APPROVED AS TO FORM AND LEGALITY /v/az��/�l2= IM3tx Murre/(Aug 14,2U2 a9.53CDT Matt Murray,Assistant City Attorney FWBC Sec. 3210 dovvap 4 . d FORT 4 O pl.g p�F° ° ° ATTEST: 00' os° da d / �<� a rFXASoa o �IlIlIIaaoo By: Mary Kayser City Secretary No M&C Required Form 1295 Certification No. N/A 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. Za'e�� .-� Laurie Lewis(Aug 13,2020 17:51 CDT) Name:Lo,uwe-Lie w is Title: ae,p OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Easement Encroachment Agreement-Commercial Page 7 Rev.01/2018 25934545v.4 ACKNOWLEDGEMENT 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 Kirk Hoteling, Vice President — Airport Affairs and Facilities, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of American Airlines, Inc. and that he/she executed the same as the act of said American Airlines, Inc. for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2t . MARIANA RODRIGUEZ Notary Public,State of Tex comm.Expires 05 Q�FrFy t� exas Notary ID 132002125 M=EMENiiltil fi 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 DJ Harrell, Development Services Director of the City of Fort Worth, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that he/she executed the same as the act of the City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 18th day of August , 2020 LAURIE Digitally signed by LAURIE PEQUENO LEWIS PEQUENO LEWIS Date:2020.08.18 09:57:48-05'00' Notary Public in and for the State of Texas After Recording Return to: City of Fort Worth City Attomey's Office =�PRYPUe� LAURIE PEQUENO LEWIS 200 Texas Street Notary Public + * STATE OF TEXAS Fort Worth TX, 76102 N9 P Notary I.D. 132278952 �oE� My Comm.Exp.Dec. 10,2023 OFFICIAL RECORD CITY SECRETARY Easement Encroachment Agreement-Commercial Page 8 FT.WORTH, TX Rev. 01/2018 25934545v.4 EXHIBIT A 15-FOOT STREET EASEMENT Part of the Dallas-Fort Worth Regional Airport Board Tract Vincent J. Hutton Survey, Abstract No. 681 City of Fort Worth, Tarrant County, Texas DESCRIPTION, of a 4,822 square foot(0.111 acre) tract of land situated in the Vincent J. Hutton Survey,Abstract No. 681,Tarrant County,Texas; said tract being part of that certain tract of land described in Deed and Assignment to Dallas-Fort Worth Regional Airport Board recorded in Volume 6653, Page 863 of the Deed Records of Tarrant County, Texas; said 4,822 square foot (0.111 acre) tract being more particularly described as follows (bearing system for this survey is based on the State Plane Coordinate System, North American Datum of 1983 (2011), Texas North Central Zone 4202): COMMENCING, at a 5/8-inch iron rod with "DFW BOUNDARY" cap found at the northernmost end of a right-of-way corner clip at the intersection of the west right-of-way line of State Highway 360 (a variable width right-of-way) and the south right-of-way line of F.A.A. Boulevard (a 60-foot wide right-of-way); said point being at the north line of said Dallas-Fort Worth Regional Airport Board tract; THENCE, departing the said west line of State Highway 360 and along the said south line of F.A.A. Boulevard and the said north line of the Dallas-Fort Worth Regional Airport Board tract, the following two (2) calls: South 88 degrees, 34 minutes, 53 seconds West, a distance of 89.74 feet to a 5/8-inch iron rod with "DFW BOUNDARY" cap found for corner; said point being at the beginning of a tangent curve to the left; In a westerly direction and along said curve to the left, having a central angle of 14 degrees, 20 minutes, 29 seconds, a radius of 715.14 feet, a chord bearing and distance of South 81 degrees,24 minutes, 39 seconds West, 178.54 feet, an arc distance of 179.00 feet to the POINT OF BEGINNING at the end of said curve; THENCE, departing the said south line of F.A.A. Boulevard and the said north line of the Dallas- Fort Worth Regional Airport Board tract,the following six(6) calls: South 15 degrees, 45 minutes, 36 seconds East, a distance of 20.00 feet to a point for corner, said point being the beginning of a non-tangent curve to the left; In a westerly direction and along said curve to the left, having a central angle of 00 degrees, 58 minutes, 31 seconds, a radius of 695.14 feet, a chord bearing and distance of South 73 degrees, 45 minutes, 09 seconds West, 11.83 feet, an arc distance of 11.83 feet to a point for corner at the end of said curve; South 73 degrees, 15 minutes, 53 seconds West, a distance of 114.60 feet to a point for corner; North 16 degrees, 44 minutes, 07 seconds West, a distance of 5.00 feet to a point for corner, said point being the beginning of a non-tangent curve to the right; In a westerly direction and along said curve to the right, having a central angle of 11 degrees, 06 minutes, 53 seconds, a radius of 794.31 feet, a chord bearing and distance of South 78 degrees,49 minutes, 19 seconds West, 153.85 feet, an arc distance of 154.09 feet to a point for comer at the end of said curve; Sheet 1 of 4 15-FOOT STREET EASEMENT (Continued) North 05 degrees, 37 minutes, 14 seconds West, a distance of 15.00 feet to a point for corner, said point being the beginning of a non-tangent curve to the left and said point being at the south line of F.A.A. Boulevard and the said north line of the Dallas-Fort Worth Regional Airport Board tract; THENCE, along the said south line of F.A.A. Boulevard and the said north line of the Dallas-Fort Worth Regional Airport Board tract, the following three (3)calls: In an easterly direction and along said curve to the left, having a central angle of 11 degrees, 06 minutes, 52 seconds, a radius of 779.33 feet, a chord bearing and distance of North 78 degrees, 49 minutes, 19 seconds East, 150.94 feet, an arc distance of 151.18 feet to a 5/8-inch iron rod with"DFW BOUNDARY" cap found for corner at the end of said curve; North 73 degrees, 15 minutes, 53 seconds East, a distance of 114.60 feet to a point for corner, said point being the beginning of a tangent curve to the right; In an easterly direction and along said curve to the right, having a central angle of 00 degrees, 58 minutes, 31 seconds, a radius of 715.14 feet, a chord bearing and distance of North 73 degrees, 45 minutes, 09 seconds East, 12.17 feet, an arc distance of 12.17 feet to a point for corner at the end of said curve, said point also being the POINT OF BEGINNING; CONTAINING: 4,822 square feet or 0.111 acres of land, more or less. (A survey plat of even survey date herewith accompanies this description.) The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the easement tract described. T1 KYLE COLEMAN HARRIS < 1121111 ' 0 5266 Kyle C61eman Harris Date ��S.,fSS Q k Registered Professional Land Surveyor No. 6266 BUeL Pacheco Koch Consulting Engineers, Inc. 7557 Rambler Road, Suite 1400, Dallas TX 75231 (972)235-3031 TX Reg. Surveying Firm LS-10008000 3051-18.226EX8.doc 3051-18.226EX8.dwg kaj Sheet 2 of 4 LEGEND PROPERTY LINE PROPOSED EASEMENT LINE POINT FOR CORNER (UNLESS OTHERWISE NOTED) (C.M.) - CONTROLUNG MONUMENT P.O.0- POINT OF COMMENCING PO.8- POINT OF BEGINNING 0 25 50 100 I.R.F - 5/8-INCH IRON ROO CA FOUND OUNDARY' GRAPHIC SCALE IN FEET I rnl LOT 1, BLOCK 1 AMERICAN AIRLINES ADDITION BRASS TXDOT (VOL. 388-45, PG. 97) MONUMENT IN CONCRETE FOUND '00O, 5/8-WCH IRON ROD W/"DFW BOUNDARY' CAP FOUND 90.35� F•- L--207.22. _ W — �-�� 3 = O V) Ii W I �/ARD P.4.C .. F.A.A. BQULE t� '� • " W I.R.F. W (60' RIGHT—OF—WAY) Z (=14-202 89.74'S88 ' _ -34 m N L1179.00 � 5/8-INCH IRON T=S9'97 W/"DFW BOUNDARY' CAP FOUND (C.M.) ! CB=S 81'24 39• W DALLAS—FORT WORTH o CD=178.54 „ REGIONAL AIRPORT BOARD 4-INCH BRASS 7XDO7 W (VOL. 6653, PG. 863) (TYPE II) MONUMENT IN N CONCRETE FOUND (C.M.) 0 w yY� U3 N � l N N NOTES' i The undersigned, Registered Professional Land 1. A metes and bounds description of even Surveyor, hereby certifies that this plat of E,,OF•T survey date herewith accompanies this plat i survey accurately sets out the metes and Pt,. cif of survey. bounds of the easement tract described. g��,� '�Fo•9,p ,,,,,;;,, 2. Bearing system for this survey is based on i KYLE COLEMAN HARRIS the State Plane Coordinate System, North •:'A•'SZ66"�'rr` American Datum of 1983 (2011). Texas North Z� • �o ���o Central Zone 4202.Cj 4 •,RP881O,•y a Kyle��Co Date °••SullGo y`` 15-FOOT STREET Registered Professional Land Surveyor No.09 6266 EASEMENT 1557 RAMBLER ROAD, SUITE 1400 a Pacheco Koch DALLAS, TX 75231 972.235.3031 PART a DALLAS—FORT WORTH 17 1 TX REG. ENGINEERING F 489 REGIONAL AIRPORT BOARD TRACT fry°' �"`f"y TX REG. SURVEYING FIRMRM L5-10008000 VINCENT J. HUTTON SURVEY, ABSTRACT NO. 6811 2 DmAWH BY C19ECKEO BY SCALE DATE JOB NUMSER CITY OF FORT WORTH, TARRANT COUNTY, TEXAS z KAJ MWW/KCH 1"=50' JAN. 2019 3051-18.226 SHEET 3 OF 4 Y LEGEND PROPERTY LINE PROPOSED EASEMENT LINE POINT FOR CORNER (UNLESS OTHERWISE NOTED) C.M.) - CONTROLLING MONUMENT P.O.0- POINT OF COMMENCING P.0.8- POINT OF BEGINNING 0 25 50 100 I.R.F - 5/8-INCH IRON ROD W/"DFW BOUNDARY' CAP FOUND GRAPHIC SCALE IN FEET i LhVh TABLE t LINE BE�.4'/,�fliW LENG711 L1 S 15'45'36" E 20.00' I L2 N 16'44'07" W 5.00' L3 N 05'37'14" W 15.00' E f I + LOT 1, BLOCK 1 5/6-INCH I AMERICAN AIRLINES ADDITION IRON ROD W/KHA-CAP (VOL. 388-45, PG. 97) FOUND ' 31" .ems, �1115�4 R .1217 ' z EP.O.' _ R = oot WAS C$ CID Q _ +� V d E 6=14'20'29" ' �11�06'52 A��+ ����,o�_ ,ys65 I.R.F./ R=715.14' 779.33P F.A. N 7'� 64 (C.M.) L=179.00 g R�151.18� (c M) 11& T=89.97' 75.53 CB=S 81'24'39" W ?� " E b N 7a,4919 n W CD=178.54' CB CD�150.94' S '1 3�5}�0' 0=O'58'31" C L2 114. R=695.14' La55.80' I") tr -O6'53" L=11.83' 7g4.31� T=5.92' CB=S 73'45'09" W 15-FOOT STREET R--15 2g6 " CD=11.83' EASEMENT T S,.2- W 4. NOTES: DALLAS-FORT WORTH (0.11812ACR S) C' G 7 153'a5+ REG ONAL AIRPORT BOARD (VOL. 6653. PG. 863) 1. A metes and bounds description of even 3 survey date herewith accompanies this plat s of survey. 2. Bearing system for this survey is based on the State Plane Coordinate1983 2 System,, Txa North 15-FOOT STREET American Datum of 1983 2011 , Texas North g Central Zone 4202. EASEMENT W °i 7557 RAMBLER ROAD, SUITE 1400 Pacheco Koch TXT OF REG. TX ENGINEERING 972.235.3031469DALLAS-FORT WORTH TX REG. ENgNEERING FIRM F-489 TX REC, SURVEYING FIRM LS-10008000 REGIONAL AIRPORT BOARD TRACT VINCENT J. HUTTON SURVEY, ABSTRACT N0. 681, DRAW OY CNECKED BY SCALE DATE -100 M&NER CITY OF FORT WORTH, TARRANT COUNTY, TEXAS o KAJ MWW/KCH 1"=50' JAN. 2019 3051-18.226 SHEET 4 OF 4 Y 20-FOOT STREET EASEMENT Part of Lot 1, Block 1, American Airlines Addition Vincent J. Hutton Survey, Abstract No. 681 City of Fort Worth, Tarrant County, Texas DESCRIPTION, of a 8,857 square foot (0.203 acre) tract of land situated in the Vincent J. Hutton Survey,Abstract No. 681, Tarrant County, Texas; said tract being part of Lot 1, Block 1,American Airlines Addition, an addition to the City of Fort Worth, Texas according to the plat recorded in Volume 388-45, Page 97 of the Deed Records of Tarrant County, Texas; said tract also being part of that certain tract of land described in Special Warranty Deed to Dallas-Fort Worth Regional Airport Board recorded in Volume 6653, Page 863 of said Deed Records; said 8,857 square foot (0.203 acre) tract being more particularly described as follows (bearing system for this survey is based on the State Plane Coordinate System, North American Datum of 1983 (2011), Texas North Central Zone 4202): COMMENCING, at the southernmost end of a right-of-way corner clip at the intersection of the north right-of-way line of F.A.A. Boulevard (a 60-foot wide right-of-way) and the west right-of-way line of State Highway 360(a variable wide right-of-way);said point also being the southeast corner of said Lot 1, Block 1; THENCE, South 88 degrees, 34 minutes, 53 seconds West, departing the said west line of State Highway 360 and along the said north line of F.A.A. Boulevard and the south line of said Lot 1, Block 1, a distance of 29.44 feet to the POINT OF BEGINNING; THENCE, along the said north line of F.A.A. Boulevard and the said south line of Lot 1, Block 1, the following four(4) calls: South 88 degrees, 34 minutes, 53 seconds West, a distance of 60.91 feet to a 5/8-inch iron rod with "DFW BOUNDARY" cap found for corner; said point being the beginning of a tangent curve to the left; In an westerly direction and along said curve to the left, having a central angle of 15 degrees, 19 minutes, 00 seconds, a radius of 775.14 feet, a chord bearing and distance of South 80 degrees, 55 minutes,23 seconds West, 206.60 feet, an arc distance of 207.22 feet to a 5/8-inch iron rod with "KHA" cap found for corner, at the end of said curve; South 73 degrees, 15 minutes, 53 seconds West, a distance of 114.60 feet to a point for corner; said point being the beginning of a tangent curve to the right; In an westerly direction and along said curve to the right, having a central angle of 12 degrees, 19 minutes, 23 seconds, a radius of 719.33 feet, a chord bearing and distance of South 79 degrees,25 minutes,35 seconds West, 154.41 feet, an arc distance of 154.71 feet to a point for corner at the end of said curve; THENCE, departing the said north line of F.A.A. Boulevard and the said south line of Lot 1, Block 1, over and across said Lot 1, Block 1, the following nine (9)calls: North 04 degrees, 24 minutes, 44 seconds West, a distance of 5.00 feet to a point for corner; said point being the beginning of a non-tangent curve to the left; In an easterly direction and along said curve to the left, having a central angle of 10 degrees, 18 minutes, 08 seconds, a radius of 714.33 feet, a chord bearing and distance of North 80 degrees, 26 minutes, 12 seconds East, 128.27 feet, an arc distance of 128.44 feet to a point for comer at the end of said curve; Sheet 1 of 4 20-FOOT STREET EASEMENT (Continued) North 16 degrees, 44 minutes, 07 seconds West, a distance of 15.01 feet to a point for corner; said point being the beginning of a non-tangent curve to the left; In a easterly direction and along said curve to the left,having a central angle of 02 degrees, 03 minutes, 51 seconds, a radius of 699.33 feet, a chord bearing and distance of North 74 degrees, 17 minutes, 49 seconds East, 25.19 feet, an arc distance of 25.19 feet to a point for corner at the end of said curve; North 73 degrees, 15 minutes, 54 seconds East, a distance of 54.60 feet to a point for corner; North 73 degrees, 15 minutes, 53 seconds East, a distance of 60.00 feet to a point for corner; said point being the beginning of a non-tangent curve to the right; In a easterly direction and along said curve to the right, having a central angle of 15 degrees, 19 minutes, 00 seconds, a radius of 795.14 feet, a chord bearing and distance of North 80 degrees, 55 minutes, 23 seconds East, 211.93 feet, an arc distance of 212.56 feet to a point for corner at the end of said curve; North 88 degrees, 34 minutes, 53 seconds East, a distance of 60.91 feet to a point for corner; South 01 degrees, 25 minutes, 07 seconds East, a distance of 20.00 feet to the POINT OF BEGINNING; CONTAINING; 8,857 square feet or 0.203 acres of land, more or less. (A survey plat of even survey date herewith accompanies this description.) The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the easement tract described. OF siF4 't$rF ..4 11 1 Kyle Co eman Harris Date Krill..... AN NARRIS Registered Professional Land Surveyor No. 6266 �'.:°� 6286 Pacheco Koch Consulting Engineers, Inc. -.fm 7557 Rambler Road, Suite 1400, Dallas TX 75231 (972)235-3031 TX Reg. Surveying Firm LS-10008000 3051-18.226EX7.dac 3051-18.226EX7.dwg kal Sheet 2 of 4 LEGEND — — — PROPERTY LINE PROPOSED EASEMENT LINE 0 POINT FOR CORNER (UNLESS OTHERWISE NOTED) (C.M.) - CONTROLLING MONUMENT P.O.0- POINT OF COMMENCING pOB- POINT OF BEGINNING 0 25 50 100 LOT 1, BLOCK 1 AMERICAN AIRLINES ADDITION GRAPHIC SCALE IN FEET (VOL. 388-45, PG. 97) I DALLAS—FORT WORTH REGIONAL AIRPORT BOARDI (VOL. 6653, PG. 863) �2 f „ 20-FOOT STREET BRASS TXDOT pr15'19 p0, EASEMENT MONUMENT IN CONCRETE R_795.141 8,857 SF FOUND L_212,56 (0.203 ACRES) T=106. N 88'34'53" E 92 E 9 (� 5 Cs=N 11 4 23 60.91' CD-211.93' r -' L1 �► S 88'34'53 W �R0. 1Q; 3 �1r2', f 5/8-INCH IRON ROD 60.91' 1� W/-DFW BOUNDARY' W ' R=775• p CAP FOUND (C.M.) • •B 'X f" L-107'22 F.A.A., BOULEVARD w T-104.23' " Z S 8O'55 23 W (60 RIGHT—OF—WA`) m C8� — CD 206 6 — 89.74' ad () Gd191.18 y/�INdi IRON ROD 5/8-INCH IRON ROD W v W W/"OFW BOUNDARY' W DFW BOUNDARY' CAP FOUND CAP FOUND (C.M.) '9"s' _m In 0 M DALLAS—FORT WORTH 4-INCH BRASS TxDOT o REGIONAL AIRPORT BOARD (TYPE 11) MONUMENT IN a In (VOL. 6653, PG. 863) CONCRETE FOUND m r � to 6' N I �1 NOTES: Cd i The undersigned, Registered Professional Land Surveyor, hereby certifies that this plat of 1. A metes and bounds description even survey accurately sets out the metes and qti.OF.TF survey date herewith accompanies this plat bounds of the easement tract described. g1 Q�'1 Qr�F'1N of survey. 3 � .1,,, 2. Bearing system for this survey is based on KYLE COLEMAN HARRIS the State Plane Coordinate System, North ' ' ""'r" American Datum of 1983 (2011). Texas North 2'� •�;°� 6266 '•;•�� Central Zone 4202. Kyle Coleman Harris Date �'�•O;; too ¢y .t,0 Registered Professional 20-FOOT STREET Land Surveyor No. 6266 r+V °J 7557 RAMBLER ROAD, SUITE 1400 EASEMENT Pacheco Koch DALLAS, TX 75231 972.235.3031 PART OF TX REG. ENGINEERING FIRM F-489 LOT 1, BLOCK 1, AMERICAN AIRLINES ADDITION TX REG, SURVEYING FIRM LS-10008000 VINCENT J. HUTTON SURVEY, ABSTRACT NO. 681, W nRAWN Br CHECKED BY SCALE DATE JOB NUMBER CITY OF FORT WORTH, TARRANT COUNTY, TEXAS KAJ MWWfKCH 1"=50' JAN. 2019 3051-18.226 SHEET 3 OF 4 Y LEGEND — — — PROPERTY LINE PROPOSED EASEMENT LINE POINT FOR CORNER (UNLESS OTHERWISE NOTED) (C.M.) - CONTROLLING MONUMENT P.O.0- POINT OF COMMENCING PO0- POINT OF BEGINNING 0 25 50 100 LOT 1, BLOCK 1 AMERICAN AIRLINES ADDITION GRAPHIC SCALE IN FEET (VOL. 388-45, PG. 97) DALLAS—FORT WORTH REGIONAL AIRPORT BOARD !� (VOL. 6653, PG. 863) t A=-15'19'00" R=795.14' L=212.56' T=106.92' a=2'03'51" CB=N 80'55'23" E R=699.33' CD=211.93' L=25.19' N 73'15'S4" E ,, E ' W 5 T=12.60' 4.60' N 73.154� N CB=N 74'17'49" E aCl. tr__1p'1$'Oa CD=25.19, 1�.19,00N ' 20-t=OOT STREET R=714'3 4' 60' �'175.1 w EASEMENT LE16s,39' ,53" `4 51e-INCH R�2fl7.23' z $,857 5F Y , g'12 E ``', y�5 ION ROD �1p4 W c (0.203 ACRES) .*N 80 Z S 7 W/"KHA-CAP $Q•c�5`2.5� r Q C'8 Cp�12$.Z7 FOUND (C.M.) CB'S 46,60 ro L=36.33'L2 �, R�719•33. 8�U�WA'� �- 1546r,3' F.A.A (6d vk% 5/8-INCH IRON ROD N T_77• , 5rt W W/"DFW CAP FOUND S 79'25 3 , C8 CD=15_4•� I 5/8-INCH BOUNDARY" WJ — LK206.9 CAP FOUND DALLAS—FORT WORTH g REGIONAL AIRPORT BOARD LIME TABLE (VOL. 6653, PG. 863) L/NE BEARING LENGTH NOTES: L1 S 88'34'53" W 29.44' 19 1. A metes and bounds description of even L2 N 04'24'44" W 5.00' survey date herewith accompanies this plat L3 N 16'44'07" W 15.01, of survey. � 2. Bearing system for this survey is based on L4 S 01'25'07" E 20.00' the State Plane Coordinate System, North American Datum of 1983 (2011), Texas North 20-FOOT STREET � Central Zone 4202. ° 7557 RAMBLER ROAD, SUITE 1400 EASEMENT Pacheco Koch � DALLAS, TX 75231 972.235.3031 PART OF 3 TX REG. ENGINEERING FIRM F-469 LOT 1, BLOCK 1, AMERICAN AIRLINES ADDITION Tx REG. SURVEYING FIRM LS--10008000 VINCENT J. HUTTON SURVEY, ABSTRACT NO. 681. En w DRAWN BY CHECKED BY SCALE GATE JOB AMWER CITY OF FORT WORTH, TARRANT COUNTY, TEXAS KAJ MWW/KCH 1"=50' JAN. 2019 3051-18.226 SHEET 4 OF 4 Y EXHIBIT`W' Map of Encroachment Attached 25934545v.4 Rev.01/2018 GCOWNS 3/15/2020 4:55 PM \\NASIJKAJ-AS.PKCE.CAM\011'G\DNG-30\3051-16.226\DWG\CI`AL CJD 2016\EXHISa$\METES&BOUNDS E1 HBM\3051-1D.226-METES G BOUNDS QMIDIMDNG o.. f co PO X X D L. Iv 1n m O ,��, z m zmw � m CD- N C \ o 3 N N 11 01) O C0 W O I I N A U Q rn W J 0 11 � 111 } O +f co II p 1 CU i 1' TI uwjNis zco I Kz , s 0> „� �� �D n zo " s �Z; - - - .k� ilYt` � 0= 0om a �' O D Z I \ 5 . jzm u)np i f -I^O® m J Ul Ui A W N C X D a a a w N r Z O (� o o m m X C= _ _ > (nZg2 rn m A K K O = o o A 1 m ; z M z A Z () z z N n o -) o2 2 �Q m m m M N N L" m CJ)'S& v1 u) z O z 0 z fTl C7 J viti u96d o N c� N G) U)Z D p 0 czi ni n r m M O m 2 2 a G m m m -A D Z i a ai4q 9° m .y m y -1 mf�m N 1n m m O 0 CCOWNS 3/16/2020 4:59 PIA \\NASUNDALLAS.PKCE.00A1\0%G\DWG-30\3051-1(L226\DWG\CML C30 2DI6\E)HBITS\4ETES 8 BOUNDS E7 UTS\J051-18.226,(SING-JEfiCROACNNEN7-UTIUTIES.DMG a 1 m z o _ u m o / m j f z cn ! / -T, m m I ZO -1` rmmZ� ' mom°) rn m \� cn �m� �coo= �rll ��� rri n 11 ��3 1� wN cn Ln EDz z ry* (rUI n()Z i W 0) Ocn--i .;) W W cn 0 O , N vmDi—�N CY)) 0 Z#z m W(Ii O)(o N i. II s z Ln no� ymi � yT�5` � � 'Jdv1 rn + `� Y t. t t 'c: t ( 0-I1rc Z x m �-�� - ` ` �r�t iv:� `( , W z -7 m z 1 �o: rm� r*1Zmm µ a� '9 r -- z A W o m m m'tz ao t` \ul cn CA a cO10 r* � � D� - n rr '• m 1t Woo00Z� C) CA c 3 W —'_ m� �� U�z CT) rn�or� z� 00 .p �' -p ,Zmj= O p n W�°y CD O D t CY) nrl 1;3t4k � F z yZE N ou \ D I �\ �z mm m { Ex I = rn o��°° X m f m zm _m z w M j X>a • • 0 pn D C= Cn Ut z D> cn m e+ t+ _ Ul c �a o W z = rn D o D r S V) m � u K Z z D '*I —I m z " m —I 0') EMMA CCOL1NS 3/16/2020 5:00 PU \\NASUN,DAUAS.PKCECON\OW0\DY —30\3051-1&228\DMtl\CIVL C30 2010\EXNIef15\UE1ES do BOUNDS Etl UTS\3051-1&228,c51NC—FNCROACNUENT—UTIIJTIESDWG A N o � 1 i ( / m m - fff m IJ i a $$ m m m n 1; L � � �� r� � r tb U) ! L,, - -- _ _ ~ m , 'S �w, �' �I I• 'A�9)zo 0-(1H`I2D y z my O �Omm� z O� mOT,= O D Q/a � Dmm � z O -O COO c zX D%,, II (000WC)sD U7Q <N c Z v m ; 0 N c) E-O m-�� m m A N Z--D2 mO) �U) CAN NN K _•� _ Mm zm " �7m1n 7 iC 0 CO4 ~c0 J m=rrTl z � Z Wrri OO� Zz Z 'T7o m ZWW r p — N�n—Z , c.CI c1 CT, �r —` c_ m co CO= m�lh-N J N arnto_ 1i, C� } t K W _ Z crn ivr� _ rII CODCp���(nNNo— -_ I _ - j1 a rcn cn cn m }—`"1w Na 4 W o W CNO CAD(J Z% 0o ODQ A� s o L ✓ r� / N O Z O z 'MCP W CO 1 m i >N rn 1� n o r <•-` � =Y W m m m m,zm 1 ';.TY ', 1, N = m v / 0N Cy)O 1 ii m p / ro rA W07 OOCOm i .,4 `,,', '', Z > F / o m0D W II+COCJz - i '-! m r Dm uZ rr NChz i x= NW JWO! (Az A F} pm m� � I A r7U C400poc m nZ Noon ? �oq O>mrn � m PU,�>Z D� �zEx oz �4 _ A z >Mz 0- m41 Z Or---1:; �zrn m =mz �naon� O O X> N C,0 cn Cn Z n 11 H I+ D C err r �rn vmm -`' m --I Ln -1 mew o - z f/f z z m D W o A 0 O tD m o � m �u m Z D -9 z -a m m -1 0 0 GCOtLNS 3/18/7020 S 01 PM \\NASUNIIDAUAS.PKMCOU\0WG\0WG-30\3051-1B.225\0MG\CML C30 2016\MIBITS\METES&BOUNDS E]QIIBITS\3051-18.226-XSING-ENGROAUWMT_U71LME6.0WG S � F Z1 x < Z m c_ m o m O I= rrl 0 o /� •f D -4 -4v .t M xxgcn n n m ;uF _ N D O c Z ca N z O m ZA (+ o1 Z J D W 0 v O A PO I � C ci � Wr� N m o M o 0 N A m tW o (}l Ul a Ul Ul (Jl Ul �lj CA J O Cn O Cn O e I I ri O T Z C� CO z W O ± Ln ( m C_ Fri O O N 0!! O -� mIz Qm r I p cmm TI z + z m o �7 m N p I O I �znmm j x �>mmm + Or-om=i PQ __� cn Cn Ulcn cn cn UlCn mNt\j CA mm o CD � o= �rn�O ®x>yz m c ODWNS PM \\N�°°� .COL(\DWG»W,-*_w _\CIIA.a=e___._e__ ..-AL -ENCROACH_.um_ E, -i � i A \ � � �� \ � }' <R \ \ � i 2 � d § � mf (\ / � } \\i § kj ) LA :30 p 0 ;o -n D U U U U U U it ? o o � o Ol (D § m CD k * ( � p \/ \ \ o\ i � \ 2«/ m m. . z } \ * m Z Ti O a . D C) 2 § / e 2 f m 2 O>Zm m k r-�2o m»�q .o L Fll O a J m m U a U zs �Q U U A # U ¥n�m� S CTO U O o kf @Z 2 C 3