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HomeMy WebLinkAboutContract 54759 Date Received:10/30/2020 City Secretary Time Received:8:47 AM Number: 54759 EASEMENT ENCROACHMENT LICENSE AGREEMENT Coininercial 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 IDEA Public Schools, a Non-Profit Organization ("Licensee"), owner of the real property located at 2935 E Seminary Dr, Fort Worth, Texas 76119 ("Property"), acting by and through its duly authorized co-CFO. 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 drainage easement (the "Easement") in the Property as shown on the map attached to this Agreement as "Exhibit A," which is incorporated herein for all purposes; and WHEREAS, Licensee desires to construct, place, and/or maintain certain improvements which will encroach in, on, above, or below the City's Easement; and WHEREAS, to accommodate the needs of the Licensee, the City will allow the encroachment under the terms and conditions as set forth in this Agreement. NOW, THEREFORE, the City and Licensee agree as follows: AGREEMENT 1. The City, in consideration of the payment by the Licensee of the fee set out below and covenants and agreements hereinafter contained to be kept and performed by Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and occupy a portion of the City's Easement as described in and at the location shown on Exhibit A, but only to the extent shown thereon, for the purpose of drainage (the "Encroachment"). Upon completion of the Encroachment Licensee agrees to be responsible for maintaining the Encroachment within the Easement. Licensee shall not OFFICIAL RECORD Easement Encroachment Agreement-Commercial CITY SECRETARY Page 1 of 12 FT.WORTH, TX Revised 4/2020 expand or otherwise cause the Encroachment to further infringe in or on City's Easement beyond what is specifically described in the exhibit(s) attached hereto. 2. All construction, maintenance, or operation in connection with such Encroachment, use, and occupancy shall comply and be performed in strict compliance with this Agreement and with the Charter, Ordinances, and Codes of the City, and in accordance with the directions of the Director of the Transportation and Public Works Department or the Director of the Water Department, or their duly authorized representative. Prior to the construction of the Encroachment, Licensee shall submit all plans and specifications to the applicable Director or duly authorized representative. Licensee shall not commence construction of the Encroachment until such approval shall be indicated in writing by the applicable Director or authorized representative. However, such approval shall not relieve Licensee of responsibility and liability for concept, design, and computation in the preparation of such plans and specifications. 3. Licensee, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or future utilities affected by such Encroachment, use, and occupancy, including securing the approval and consent of the appropriate utility companies and agencies of the State and its political subdivisions. In the event that any installation, reinstallation, relocation, or repair of any existing or future utility or improvements owned by or constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance, or existence of the Encroachment and use, Licensee shall pay to the City an additional amount equal to such additional cost as reasonably determined by the Director of Transportation and Public Works or the Director of the Water Department, or their duly authorized representative. 4. Licensee agrees that the City may enter and utilize the referenced areas at any time for the purpose of installing, repairing, replacing, or maintaining improvements to its public facilities or utilities necessary for the health, safety, and welfare of the public, or for any other public purpose. The City shall bear no responsibility or liability for any damage or disruption or other adverse consequences resulting from the Encroachment installed by Licensee, but the City will make reasonable efforts to minimize such damage. 5. 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 Easement Encroachment Agreement-Commercial Page 2 of 12 Revised 4/2020 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 (S500.00). 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 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. Easement Encroachment Agreement-Commercial Page 3 of 12 Revised 4/2020 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, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES. 10. While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance naming City as certificate holder as proof that it has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and described in Exhibit A. The amounts of such insurance shall be not less than S1,000,000 with the understanding and agreement by Licensee that such insurance amounts may be revised upward at City's option and that Licensee shall so revise such amounts immediately following notice to Licensee of such requirement. Such insurance policy shall not be canceled or amended without at least thirty (30) days prior written notice to the Building Official of the City. A copy of such Certificate of Insurance is attached as "Exhibit B" and incorporated herein for all purposes. Licensee agrees to submit a similar Certificate of Insurance annually to the City on the anniversary date of the execution of this Agreement. Licensee agrees, binds, and obligates itself and its successors and assigns to maintain and keep in force such public liability insurance at all times during the term of this Agreement and until the removal of the Encroachment and the cleaning and restoration of the Easement. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. Easement Encroachment Agreement-Commercial Page 4 of 12 Revised 4/2020 11. Licensee agrees to deposit with the City when this Agreement is executed a sufficient sum of money to be used to pay necessary fees to record this Agreement in the real property records of Tarrant County, Texas. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. 12. Licensee agrees to comply fully with all applicable federal, state, and local laws, statutes, ordinances, codes, and regulations in connection with the construction, operation, and maintenance of the Encroachment and uses. 13. Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for by this Agreement or by any federal, state, or local statute, law, or regulation. 14. Licensee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant, or employee of City, and Licensee shall have exclusive control of and the exclusive right to control the details of its operations, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. The doctrine of respondeat superior shall not apply as between City and Licensee, its officers, agents, servants, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Licensee. 15. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain, and locate the Encroachment over or within the Easement and is not a conveyance of any right, title, or interest in or to the Easement, nor is it meant to convey any right to use or occupy property in which a third-party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. 16. 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. Easement Encroachment Agreement-Commercial Page 5 of 12 Revised 4/2020 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 IDEA Public Schools 7h`a P AeGG . BV By: aarrell(Oct 28,202014:59 CDT) DJ Harrell, Director Name: Carlo Hershberger Development Services Department Title: co-CFO Date: Date: D 11 By: Name: Title: Date: aqt�OR r��a `°000000°�a� ATTEST: �j';0 °oo�dd Approved As To Form and Legality I.° Pv° 8=d p °o o° E o dd 47, Q bnaa000 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. Laurie Lewis Interim Development Manager OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Easement Encroachment Agreement-Commercial Page 7 of 12 Revised 4/2020 PAGE FOR CITY OF FORT1 ' OFFICE USE 1 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 28th day of October 20 20 LAURIE PEQUENO LEWIS LAURIE Digitally signed by LAURIE 2 Notary Public PEQUENO LEWIS * * STATE OF TEXAS Date:2020.10.2815:25:18 N9oPh Notary I.D. 132278952 PEQUENO LEWIS _05,00' �� My Comm.Exp. Dec. 10,2023 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 CITY SECRETARY FT.WORTH, TX Easement Encroachment Agreement-Commercial Page 8 of 12 Revised 4/2020 STATE OF TEXAS § COUNTY OF_HIDALGO_ § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Carlo Hershberger, co-CFO (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 IDEA Public Schools, a Non-Profit Organization (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3rd day of-Sel2teWber 20 20 MELISA ABASCAL-ANZALDUA z{ ;r�Notary Public, State of Texas Comm. Expires 05-11-2022 Notary ublic In and for the ��� �� Notary ID 131564939 State of Texas OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Easement Encroachment Agreement-Commercial Page 9 of 12 Revised 4/2020 EXHIBIT A Map of Easement and Encroachment Easement Encroachment Agreement-Commercial Page 10 of 12 Revised 4/2020 EXHIBIT "A1" EASEMENT ENCROACHMENT AGREEMENT BEING A PORTION OF LOT 1 R SEMINARY TWIN DRIVE-IN THEATRE ADDITION TO THE CITY OF FORT WORTH, AS IT APPEARS UPON THE PLAT RECORDED IN DOCUMENT NUMBER D212168303 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS; SITUATED IN THE WILLIAM HICKS SURVEY, ABSTRACT NO. 694, TARRANT COUNTY, TEXAS AND MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 5/8" IRON ROD RECOVERED WITH PLASTIC CAP STAMPED "MMA" FOR THE SOUTHWEST CORNER OF SAID LOT 1 R AND THE SOUTHEAST CORNER OF LOT 1 BLOCK 1 OF CAMPUS-GOODWILL INDUSTRIES ADDITION, AS IT APPEARS UPON THE PLAT RECORDED IN CABINET A, SLIDE 2637 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS, IN THE NORTH RIGHT-OF-WAY LINE OF THE SOUTHERN PACIFIC RAILROAD, FROM WHICH A 1/2" IRON ROD FOUND FOR THE SOUTHEAST CORNER OF SAID LOT 1 R BEARS S 71"04'34" E, A DISTANCE OF 1160.63 FEET; THENCE N 00040'34" W, ALONG THE COMMON LINE OF SAID LOT 1R AND SAID LOT 1, A DISTANCE OF 53.08 FEET; THENCE S 71°04'34" E, A DISTANCE OF 78.61 FEET TO A 5/8" IRON ROD SET WITH PLASTIC CAP STAMPED "MMA ESMT" FOR THE POINT OF BEGINNING; THENCE S 71°04'34" E,A DISTANCE OF 7.00 FEET TO A 5/8" IRON ROD SET WITH PLASTIC CAP STAMPED "MMA ESMT"; THENCE S 18055'26" W, A DISTANCE OF 18.94 FEET TO A 5/8" IRON ROD SET WITH PLASTIC CAP STAMPED "MMA ESMT"; THENCE N 71°04'34"W,A DISTANCE OF 7.00 FEET TO A 5/8" IRON ROD SET WITH PLASTIC CAP STAMPED "MMA ESMT",- THENCE N 18055'26" E, A DISTANCE OF 18.94 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.003 ACRES (133 SQUARE FEET) MORE OR LESS. SEE ACOMPANING SKETCH "Al". Al:� O e9 :tP ............................. STEPHEN H. RO@ERSON ... ...... .... 409C l9�QFE .9\o yo�4,, �SURR STEPHEN H. ROBERSON AUGUST 12, 2020 RPLS NO. 4090 1 EXEMIT "Al EASEMENT ENCROACHMENT AGREEMENT PORTION OF LOT 1R SEMINARY TWIN DRIVE—IN THEATRE ADDITION, SITUATED IN THE MLLIAM HICKS SURVEY, ABSTRACT NO. 694, FORT WORTH, TARRANT COUNTY, TEXAS LEGEND/ABBREVIATIONS EASEMENT LINE — — POB POINT OF BEGINNING PROPERTY LINE POC POINT OF ENCROACHMENT ® COMMENCING O 20 40 80 LOCATION S -- ° 8" CARS "INMA TORM PIPE ESMT" z ul 1 inch = 40 ft. z 10'SANITARY SEWER ESMT + `' = CC#0PR7CT 303 I l \ II 0 10't/AL/TY ESMT I VOL. 388-56, PG.36 I I z PRTCT �i PRIVATE DRAINAGE OWNER. g EASEMENT IDEA PUBLIC SCHOOLS ` LOT IR a I I `� . t SEMINARY TWN DRIVE-IN THEATRE ADD17701V CC# D212168303 LOT 1, BLOCK 1 1�' PRIVATE Of'RTCT CAMPUS- S�,l z- STORM GOOD LL ADDII T10N NDUSTRIES CAB. A, SLIDE 2637 I _ c PRTCT N185526 E - 7S 1 t)4'34."E N00.40 34"W I 18.94 7..00 53.08 EASEAff-W ' \ ` ENCROACHMENT S18 55 26 133 S.F. 18.94 FLEXAMAT ofucopp" % �� •, 'rAM a' EJ �N71'04 34"W 5/8'-S 7.00 sco Nqc� PRIVATE it SANITARY OpR CT83 3 T SEWER SERVICE �io0 A�CIFIC / LINE FOR DIRECTIONAL Ofi`y 9 CONTROL. YJ 0 1�2"IRE o NOTES: - 1. BEARINGS SHOWN HEREON ARE IN REFERENCE TO THE NAD83 — TEXAS COORDINATE SYSTEM — NORTH E. SEMINARY CENTRAL ZONE, 4202, BASED ON GPS OBSERVATIONS UTILIZING THE LEICA GPS REFERENCE NETWORK. ALL a DISTANCES SHOWN HEREON WERE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF DRIVE 1.000133730993, BASE POINT OF 0,0,0. a a 2.A METES AND BOUNDS DESCRIPTION OF EVEN SURVEY DATA HEREWITH ACCOMPANIES THIS PLOT OF N SURVEY. OF . .......... m m a w Q4 G,STE RFO '9N civil engineering surveying landscape architecture planning C) °"°°°•"°"°o °"°' "°'""""" tbpels registration number. f— 2759 STEPHENH.�ROBERSON tbpels registration/license number. 10088000 . %.................... Q • eA 4090 519 east border WROBERSON August � pO F `p�•^'� a r I i n g t o n, texas 7 6 0 1 0 = REGISTERED PROFESSIONAL q�•.°f S 5,,.••�O 8 1 7—4 6 9 - 1 s 7 1 U) LAND SURVEYOR NO. 94938 D S U RV } STATE OF TEXAS fax: 817-274- 8757 m w 2020-08 12 1H www. mmatexas. com DATE SCALE: 1"_ �' DRAWN BY: CHECKED BY: JOB. ND.:3220-DO-o1 PAGE 1 OF 1 0 J a EXHIBIT "A2" EASEMENT ENCROACHMENT AGREEMENT BEING A PORTION OF LOT 1R SEMINARY TWIN DRIVE-IN THEATRE ADDITION TO THE CITY OF FORT WORTH, AS IT APPEARS UPON THE PLAT RECORDED IN DOCUMENT NUMBER D212168303 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS; SITUATED IN THE WILLIAM HICKS SURVEY, ABSTRACT NO. 694, TARRANT COUNTY, TEXAS AND MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 5/8" IRON ROD FOUND FOR THE EASTERLY NORTHEAST CORNER OF SAID LOT 1R IN THE NORTHEASTERLY RIGHT-OF-WAY OF OLD MANSFIELD ROAD (HORTON ROAD); THENCE N 46023'43" W, ALONG THE SAID NORTHEASTERLY LINE OF SAID LOT 1R AND THE SOUTHWESTERLY RIGHT-OF-WAY OF SAID OLD MANSFIELD ROAD, A DISTANCE OF 480.12 FEET, FROM WHICH A 1/2" IRON ROD FOUND FOR AANGLE CORNER OF SAID LOT 1 R BEARS N 46023'43" W, A DISTANCE OF 57.81 FEET; THENCE S 47031'20" W, A DISTANCE OF 96.46 FEET TO A 5/8" IRON ROD SET WITH PLASTIC CAP STAMPED "MMA ESMT" FOR THE POINT OF BEGINNING; THENCE S 45'43'57" E, A DISTANCE OF 16.83 FEET TO A 5/8" IRON ROD SET WITH PLASTIC CAP STAMPED "MMA ESMT"; THENCE S 47015'54"W,A DISTANCE OF 5.01 FEET TO A 5/8" IRON ROD SET WITH PLASTIC CAP STAMPED "MMA ESMT"; THENCE N 45"43'57" W, A DISTANCE OF 16.85 FEET TO A 5/8" IRON ROD SET WITH PLASTIC CAP STAMPED "MMA ESMT"; THENCE N 47"31'20" E, A DISTANCE OF 5.01 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.002 ACRES (83 SQUARE FEET) MORE OR LESS. SEE ACOMPANING SKETCH "A2" Gjd 4 � O •."q STEPHEN H. ROBERSON ..%........................ ' 4090 P; STE EN H. ROBERSON AUGUST 13, 2020 RPLS NO 4090 1 EXEMIT "A2" EASEMENT ENCROACHMENT AGREEMENT PORTION OF LOT 1R SEMINARY TWIN DRIVE—IN THEATRE ADDITION, SITUATED IN THE WILLIAM HICKS SURVEY, ABSTRACT NO. 694, FORT WORTH, TARRANT COUNTY, TEXAS LEGEND/ABBREVIATIONS EASEMENT LINE — — POB POINT OF BEGINNING PROPERTY LINE --s ENCROACHMENT ® POC POINT OF COMMENCING LOCATION 0 15 30 60 ° STORM PIPE CARS "MMA ESMT" 1/2"IRFy w 1 inch = 30 ft. \ (C.u) N46'23' 43"W a �� \\ \ 5Z81' \ LINE FOR o \ DIRECTIONAL CONTROL/ / J °0°°°0 m \ \ • \\ 00000°° \ \\ O 0000 PRIVATE .�r0?� \ 00000000° \ e STORM S4543'57"E 9 \ °000 XW 16.83 / _ , ° EASEMENT ENCROACHMENT 5/8" CIRS "MMA" / 83 S.F. =' N47'31'20"E S47'15'54': PUBLIC 5.01 / 5.01 U O DRAINAGE ESMT N45 43'5T`W o a CC# D212168303 '!6.85 0°0°0 U OPRTCT / 000000A00 // / 000000000000 / OWNER. / 0°000o0o000000000 IDEA PUBLIC fHOOLS / o°o°o°o°000°o°o 000 / \ LOTI / °oo °00000000000000 ° / \ a SEMINARY TWIN DRIVE—IN / O°O°0 000000° °o°o000 ' 0 0 0 00 0 0 o RECYCL .' TRM PERMANENT THEATRE ADDITION / o°o°o°o°o°o o°o°o°°o°o TURF REINFORCEMENT MAT a CC# D212168303 / o°0°0°0°0°0° °O°o°O / OPRTCT / 0000000000000000° °o° / 1/2"IRF 0 / 000000000000000 / (C.M.) 0 00000000 0 0 0 0 0 0 o / 0000000000000000000 / E. SEMINARY / °000000000000000000 / DRM p 00 0 0 0 000 0 0 000 4 NOTES / -o�o�o-0-0°°°0- 000 -- 0 1. BEARINGS SHOWV HEREON ARE IN REFERENCE TO THE NAD83 — TEXAS COORDINATE SYSTEM — NORTH EL CENTRAL ZONE, 4202, BASED ON GPS OBSERVA77ONS U77LIZING THE LEICA GPS REFERENCE NETWORK. ALL DISTANCES SHO1W HEREON WERE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF d 1.000133730993, BASE POINT OF 0,0,0. Q 2. A METES AND BOUNDS DESCRIP77ON OF EVEN SURVEY DATA HEREWITH ACCOMPANIES THIS PLOT OF N SURVEY. m I m a N O • T �.•F, Fp SN w civil engineering surveying landscape architecture planning p e.se.e.ee..e.e..s.e...e....se STEPHEN H. ROBERSON tbpels registration number. f- 2759 p ..%......................:... tbpels registration/license number: 10088000 a •.�o 4090 519 east border w S PH O ERSO August 13� 2020 .:p0F p?�^'� = REGIS RED PROFESSIONAL 9ti-.FSS� arlington, texas 76010 V) LAND SURVEYOR NO. 4090 O S U RV�� 8 1 7—4 6 9— 1 6 7 1 m STATE OF TEXAS fax: 8 1 7— 2 7 4—8 7 5 7 DATE:2020-08-13 SCAIF: 1'_ •30'— DRAWN BY: 1H CHECKED BY: ST JOB. NO.:3220-00-01 w w w.m m o t e x a s,c o m PAGE 1 OF 1 0 am J d EXHIBIT "A3" STORM PROFILE 690 SD — G 690 SCALE HORZ — 1 =60 VERT— 1"--6' 41 685 I W I 685 cn, o cc U') 680 (2 w�� 680 J vI V vI o lL TO BE C MA TD MINI) EST E N/ 675 675 XS N Ut c 0 d E 670 670 W X x 4 N 5 8 P 665 �.�s 665 .s a 2 FL 6 9.49 660 660 M - 0 50'PUBLIC DRAINAGE Z PRIVATE a EASEMENT DE7EN770N POND CC#D212168JOJ N DRAINAGE EASEMENT OPRTCT m 0 a 655 71 1 655 J o I i Q O O O N N M 650 +-- 650 1+00 1+50 2+00 2+50 3+00 a ri mma N O N W T W F o civil engineering surveying landscape architecture planning 0 tbpels registration number: f— 2759 o tbpels registrationAlicense number. 10088000 519 east border J > a r I i n g t o n , t e x a s 7 6 0 1 0 r m 8 1 7— 4 6 9 — 1 6 7 1 CD r fax: 817 - 274- 8757 m o w w w . m m a t e x a s. c o m o DAT&e-tember 88, 202gCALE: 1` = 6o' DRAWN BY: _ H CHECKED BY: sE JOB. NO.: ,zao—QQ_Q1 0 J a EXHIBIT "A4" STORM PROFILE 690 SD -E 690 SCALE HORZ — 1"=60 VERT— 1"=6' 685 I 685 � W 0 o: O N s FILL TO BE COMPACTED 68O 680 AND TESTED PER v •. GEOTECHNICAL REPORT o & CITY OF FORT WORTH SPECIFICATIONS 0 675 675 R U D @ 6 4" HP •3X 670 - 670 W X 4 FL EX 4M 4 T N O U 665 665 a DRAINAGE EASEMENT o CCJ D212168303 3 OPRTCT 0 660 660 0 0 a � 655 655 0 II o ? o J � N M 650 N 650 a 1+00 1+50 2+00 ri mma N O N W T W F o civil engineering surveying landscape architecture planning 0 tbpels registration number: f— 2759 o tbpels registrationAlicense number. 10088000 519 east border J > a r I in g t o n , t e x a s 7 6 0 1 0 r m 8 1 7— 4 6 9 — 1 6 7 1 CD r fax: 817 - 274- 8757 m o w w w . m m a t e x a s. c o m o DATE:S�p?—tember 88, 2020SCALE: 1" = 6o' DRAWN BY: _ H CHECKED BY:_sR JOB. NO.: �22Q-QQQl 0 J a EXHIBIT B Certificate of Insurance Easement Encroachment Agreement-Commercial Page 11 of 12 Revised 4/2020 79/2/2020 E(MM/DDIYYYY) ACC" CERTIFICATE OF LIABILITY INSURANCE 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(ies) must have ADDITIONAL INSURED provisions or 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 the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER Edgewood Partners Insurance Center NAME: EPIC Brokers PHONE FAX 2700 Post Oak Boulevard, 25th Floor e MAILo Ext: A/C No Houston, TX 77056 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC q INSURERA: Philadelphia Indemnity Insurance Company 18058 INSURED INSURER B: Brid efield Casualty Insurance Company 10335 IDEA Public Schools 2115 W. Pike Blvd INSURERC: Weslaco TX 78596 INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 57406597 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDTYPE OF INSURANCE INSD WVDSUBR POLICY NUMBER MMIDDPOLICY LTR YYYY) fMM1DDJYYYY1 LIMITS A ✓ COMMERCIAL GENERAL LIABILITY PHPK2149905 6/30/2020 6/30/2021 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE 1/ OCCUR PREMISES Ea occurrence $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $3,000,000 POLICY PRO-JECT ❑ LOC PRODUCTS-COMP/OP AGG $3,000,000 OTHER: $ A AUTOMOBILE LIABILITY PHPK2149905 6/30/2020 6/30/2021 (Ea aBINEDtSINGLE LIMIT $1'000'000 ✓ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ ✓ AUTOS ONLY L11 AUTOS ONLY Per accident UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION 09651179 6/30/2020 6/30/2021 ,/ SPER TATUTE OERH AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1 000 000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1 000 000 A Auto Physical Damage PHPK2149905 6/30/2020 6/30/2021 Comprehensive&Collision Deduct: $1,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Location: IDEA Seminary-2935 East Seminary,Fort Worth,TX 76119 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fort Worth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Planningg & Development- CFA Office ACCORDANCE WITH THE POLICY PROVISIONS. PN20-00104 200 Texas Street Fort Worth TX 76102 AUTHORIZED REPRESENTATIVE KJ Wagner ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 57406597 1 IDEAPUBL 1 20/21 Master Jtidith Pa_edes 1 9/2/2020 3:33:05 PM !CET) i Page I of 1 EXHIBIT C Metes and Bounds or Location Description of the Property Easement Encroachment Agreement-Commercial Page 12 of 12 Revised 4/2020 ol Oda: z� SK NP H 9 � V F yF 24 RED 81 IN in 04 ie Tj *�� T O.S 30^ Q 2 § 013, a s °� / it e ^ g F FF i 8 / °• 62 s i - ;zoao _-_ is Sa F'E '" _ - _ 8n F = ' ° ale : g Ho :s go _ a � _o €ls Kv a eF_ ':See.. � _ 8 n - 8-0• ip ---- y = s .09'Z89 NL00,90°GON $ � -"f �n I e_- ^ rg""„ ssmisnaw inmaarrsruwv�in�ma� 3a �, - �" $. � Y C � � Ga�`'e EI ail F!d EI iie EIOi g