HomeMy WebLinkAboutContract 55127 Date Received: Jan 5,2021 City Secretary
Time Received: 2:43 PM Number: 55127
EASEMENT ENCROACHMENT LICENSE AGREEMENT
Commercial
THIS AGREEMENT is made and entered into effective as of January 5,2021
(the"Effective Date")by and between THE CITY OF FORT WORTH, a Irome 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 BTC III CARTER
LOGISTICS CENTER LLC, a Delaware limited liability company ("Licensee"), owner of
certain real property located at 7300 Oak Grove Road, Fort Worth, Texas 76140 ("Property").
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, on or about the Effective Date, Licensee and the City are executing a sewer
facility easement (the "Easement") to allow the City to operate and maintain a permanent sewer
line facility; and
WHEREAS, the City and Licensee desire to enter into this Agreement to allow Licensee
to construct, install, place, maintain, and operate certain improvements that will encroach upon
and occupy portions of the City's Easement, which such portions of the City's Easement are
collectively defined herein as the Encroachment and are described by metes and bounds on
"Exhibit A" attached hereto, and shown on the map attached to this Agreement as "Exhibit B"
incorporated herein for all purposes; and
WHEREAS, to accommodate the needs of the Licensee, the City will allow the
Encroachments under the terms and conditions as set forth in this Agreement; and
WHEREAS, Licensee has authority to enter into 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 for the purpose of installing, maintaining, private sewer lines and utilities
(collectively, the"Encroachment"). Upon completion of the Encroachment, Licensee agrees to
be responsible for maintaining the Encroachment within the Easement. Licensee shall not expand
or otherwise cause the Encroachment to further infringe in or on City's Easement beyond what is
specifically described in the exhibit(s) attached hereto.
OFFICIAL RECORD
Easement Encroachment Agreement-Commercial
CITY SECRETARY
26679710v.2
FT.WORTH, TX
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.
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.
Upon prior written notice to Licensee, except in the case of an emergency, 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.
Licensee agrees to pay to City at the time this Agreement is requested an application fee
of$500.00 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.
6.
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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.
7.
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.
8.
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 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.
9.
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
Easement Encroachment Agreement-Commercial Page 3 of 16
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$1,000,000 Commercial General Liability
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 D" 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.
10.
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.
11.
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.
12.
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.
13.
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.
14.
I
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
Easement Encroachment Agreement-Commercial Page 4 of 16
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26679710v.2
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.
15.
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.
16.
The parties agree that the duties and obligations contained in Sections 3 and 4 shall
survive the termination of this Agreement.
17.
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.
18.
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.
19.
This Agreement shall be binding upon the parties hereto and their successors and assigns.
20.
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 5 of 16
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Licensee: City:
BTC III Carter Logistics Center LLC, CITY OF FORT WORTH
a Delaware limited liability company
�71f�MZZ
By: Build-To-Core Industrial Partnership III LLC, By 11 Harrell(Jan 5,202110;12 CST)
a Delaware limited liability company, DJ Harrell,Director
its Sole Member Development Services Director
Date:Jan 5,2021
By: BCG BTC III Managing Member LLC,
a Delaware limited liability company,
its Investment Managin zber
By:
�oa4�un�� Name: 9►
a FoF�Rr�aad Title:
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P oo .4 A
d� ° ATTEST: Approved As To Form and Legality
CY
�EXASoAp
far Ronald P. Gonzales
for Ronald P.Gonzales(Jan 5,202110:42 CST) Matthew Murray(Jan 5,202109:34 CST)
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 report�in ^requirements.
66 Laurie Lewis
Interim Development Manager
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Easement Encroachment Agreement-Commercial Page 6 of t6
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
:Yl� ;I_v — _=_&ems
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of_ rn nA P T� )
On SQk m I ey 13 i,4WO before me,TU 11 f! L-1),m11 n. N(-ta(N Pu bl Z. ,
Date n Her Insert Name and Title of the Officer
personally appeared _1`'e e Ind er bum
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(@) whose name(ej is/are
subscribed to the within instrument and acknowledged to me that he/el'+emmy-executed the same in
his/herfttiM authorized capacity(iesj, and that by his/hen'thm -signature(*on the instrument the person(&),
orthe-entity upon behalf of which the person(* meted the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
JULIE L.DENNIS WITNESS my hand and official seal.
Notary Publlc-California
i Orange County i
Z Commission #2170685 D Signatur
My Comm. Expires Nov 5,2020 ignature of Notary Public
Place Notary Seal Above
OPTIONAL —
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: _ Signer(s) Other Than Named Above: _
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General
❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact
❑Trustee ❑Guardian or Conservator ❑Trustee Guardian or Conservator
❑ Other: _ ❑ Other:
Signer Is Representing: Signer Is Representing:
02014 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
i i 9 i '
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 5th day of January ,
2021 .
Digitally signed by Jennifer o�PRYPve/ JENNIFER L. EZERNACK
Jennifer L Ezernack Ezernack = Notary Public
Date:2021.01.05 10:27:47-06'00' * * STATE OF TEXAS
NotaryPublic in and for the State of Texas N'reoF P Notary I.D. ar. 2
My Comm. Exp..130561630Mar. 1, 024
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 7 of 16
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26679710v.2
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 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
BCG BTC III Managing Member LLC, a Delaware limited liability company, Investment
Managing Member of Build-To-Core Industrial Partnership III LLC, a Delaware limited
liability company, Sole Member of BTC III Carter Logistics LLC, a Delaware limited
liability company, as the of said limited liability compay, and
in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
, 20
Notary Public in and for the State of Texas
Easement Encroachment Agreement-Commercial Page 8 of 16
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EXHIBIT A
Metes and Bounds Description of Encroachment
LEGAL DESCRIPTION
ENCROACHMENT AREA l
BEING a 377 square foot(0.0086 acre)tract of land situated in the Elizabeth Teague Survey.Abstract No. 1544,City
of Fat Worth,Tarrant County,Texas,and being part of Lot 7,Block 7,Carter Industrial Parts,an addition to the City
of Fart Worth according to the plat recorded in Instrument NO.D219252801,Official Public Records,Tarrant County.
Texas,said tract of land being more particularly described as follows:
COMMENCING at a 5M-inch iron rod with a"KHA"cap set at the northeast corner of said Lot 7,and being
on the west right-of-way line of Oak Grove Road,a variable width right-of-way,
THENCE South 0°2925'East,along the east line of said Lot 7.and along the said west right`-way line,
a distance of 743.27 Feet to a point,frorn which a 518-inch iron rod with a"KHA'cap set at the
southeast comer of said Lot 7 bears south 0'29 25"East 1922 feet;
THENCE South 89'30+35'West,departing the said east I ine,a distance of 10 00 feet to the POINT OF
BEGINNING;
THENCE South O'29'?.5+'East,a distance of 15.22 feet to a point at the beginning of a non-tangent curve
to the right having a central angle of 9°13*13'.a radius of 147.50 feet,a chord bearing and distance of
South 84'53'53"West 23.71 feet;
THENCE rn a souttrtrestery direction,with said cur.*to the right.an are distance of 23.74 feet to a pant
for corner,
THENCE South 89`30'36"West,a distance of 1.37 feet to a point for corner,
THENCE North W29'25"West,a distance of 15.00 feet to a point for comer;
THENCE North 89'3(Y36"East,a distance of 1,37 feet to a point at the beginning of a tangent curve to lie
!eft having a central angle of 10"11T39',a radius of 132 50 feel a chord bearing and distar,.ae of North
W22'14'East,23.73 feet;
THENCE in a northeasterly direction with said curve to the left,an arc distance of 23.78 feet to the POINT
OF BEGINNING and containing 377 square feet or 0.0086 acres of land,more or less.
EXHIBIT A
ENCROACHMENT AREA
PART OF LOT 7, BLOCK 7
CARTER INDUSTRIAL PARK
ELIZABETH TEAGUE SURVEY
ABSTRACT NO, 1544
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
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Easement Encroachment Agreement-Commercial Page 9 of 16
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2667971 Ov.2
LEGAL DESCRIPTION
ENCROACHMENT AREA 2
BEING a 1,310 square foot(0.0301 acre)tract of land situated in the Elizabeth Teague Survey,Abstract
No. 1544, City of Fat Worth, Tarrant County, Texas, and being part of Lot 7, Block 7, Carter Industrial
Park, an addition to the City of Fort Worth according to the plat recorded in Instrument No. D219252891.
Official Public Records, Tarrant County, Texas, said tract of land being more particularly described as
follows:
COMMENCING at a 5184nch iron rod with a"KHA'cap set at the northeast comer of said Lot 71 and being
on the west right-of-way line of Oak Grove Road,a variable width right-of-way;
THENCE South 0'29'25"East,along the east line of said Lot 7.and along the said west right-of-way line,
a distance of 398.07 feet to a point,from which a 518-inch iron rod with a'KH.4'cap set at the
southeast comer of said Lot 7 bears South 0'29'25"East 364.43 feet;
THENCE South 89'30'35"West,departing the said east line,a distance of 10.00 feet to the POINT OF
BEGINNING.
THENCE South 0129'25"East,a distance of 52.38 feet to a point for comer.
THENCE South 89°30'35"West,a distance of 25.00 feet to a point for comer
THENCE North 042925"West,a distance of 52.38 feet to a point for caner
THENCE North 89°30'35"East,a distance of 25.00 feet to the POINT OF BEGINNING
and containing 1,310 square feet or 0.0301 acres of land, nwre or lest
EXHIBIT A
ENCROACHMENT AREA
PART OF LOT 7,BLOCK 7
CARTER INDUSTRIAL PARK
ELIZABETH TEAGUE SURVEY
ABSTRACT NO. 1544
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
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Easement Encroachment Agreement-Commercial Page 10 of 16
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LEGAL DESCRIPTION
ENCROACHMENT AREA 3
BEING a 375 square foot(0.0086 acre)tract of land situated in the Elizabeth Teague Survey,Abstract No.
1544.City of Fort Worth,Tarrant County,Texas,and being part of Lot 7,Block 7,Carter Industrial Park,an
addition to the City of Fort'North according to the plat recorded in Instrument No, D219252891, Official
Public Records,Tarrant County,Texas,said tract of land being more particularly described as follows-
COMMENCING at a 5184nch iron rod with a'KHA'cap set at the northeast comer of said Lot 7,and being
on the west right-of-way line of Oak Grove Road,a variable width right-of-way;
THENCE South 0'2925"East,along the east line of said Lot 7,and along the said west right-of-way line,
a distance of 88.52 feet to a point for,from which a 5/8-inch iron nod with a"KHA"cap set at the
southeast comer of said Lot 7 bears South 0'29'25"East 673.98 feet,
THENCE South 89'30'35"West,departing the said east line,a distance of 10.00 feet to the POINT OF
BEGINNING.
THENCE South 0429'25"East,a distance of 15.00 feet to a point for comer.
THENCE South 89'30'35"West,a distance of 25.00 feet to a point for corner,
THENCE North 0'29'25"West,a distance of 15.00 feet to a point for corner;
THENCE North 89*30'35"East,a distance of 25.00 feet to the POINT OF BEGINNING
and containing 375 square feet or 0.0086 acres of land.
NOTES
Bearing system based on the Texas Coordinate System of 198:31.2011 adjustment),North Central Zane(4�M- 2).
A survey plat of even survey date herewith acoompanies this metes&bounds description.
The undersigned.Registered Protessional Land Surveyor
hereby certifies that the Foregoing description accurately sets EXHIBIT A
out the metes and bounds of the encroachment tracts described. ENCROACHMENT.AREA
PART OF LOT 7, BLOCK 7
. CARTER O INDUSTRIAL PARK FF EI IZr1BETH TEAL TEAOUE SURVEY
*� . G'rf ABSTRACT NO. 1544
MICHAEL C.BILLINGSLEY y:'� �
�ik:' ;,� CITY OF FORT WORTH
REGISTERED PROFESSIONAL 9.............. .. ...:..� TARRANT COUNTY,TEXAS
LAND SURVEYOR NO-6668 R...... C_t 0 81LL�NGSL Y
801 CHERRY STREET, 5668 Kimley>>>Horn
UNIT 11 SUITE 13t]0 •1tia� q`!r�•1/
FORT WORTH.TEXAS 7e102
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Easement Encroachment Agreement-Commercial Page 1 1 of 16
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26679710v.2
EXHIBIT B
Map of Encroachment
LOT 8, BLOCK 7
CARTER INDUSTRIAL PARK P.O.C. -
p—�� (INST.NO- 0219252891)
� tRse -
LEGEND PROPOSED 25 FOOT I �I
SEWER EASEMENT J
P.O C,-POINT Of COWENONG BY SEPARATE INSTRUMENT I a
P.O B -POINT OF BEGINNING i
I'—SC-513'IRON ROO W'KW CAP*ET
XF-W FOUND LOT 7, BLOCK 7 Lu
tPF-IRON PIPE FOUND
C,M -CONTROLLING MONUMENT CARTER INDUSTRIAL PARK
(INST. NO.D219252891)
I I C9
NOTES LINE TABLE0 -1
I Q
Bearing system based
on the Texas Coordinate NO BEARING LENGTH
System of 1983 L1 S89'30'35'W 10 00' P.O.B.
(2011 adjustment),
North Central?one(4202). L2 SDO'29'25"E 15.22 ENCROACHMENT\—,
A metes&bounds L3 S89'30'36'A 1.37' AREA1 I
description of even 0.0086 ACRESsurvey date herwmth L4 N00'29'25'W 15.0077SiQ,accompanies this survey plat. L5 N89'30'36'E 137' L1
+C� 11
La S00'29'25'E 19 22'
J
CURVE TABLE — — — — — -- - — L3 C1
LOT 6,BLOCK 7
NO, DELTA RADIUS LENGTH CHORD BEARING CHORD CARTER INDUSTRIAL
PARK
C1 9'1Tl3' 14750' 23.74' 384'53'53.4Y 23.7V (INST.NO.
C2 10'16'30' 132 50' 23 76' NB4'22'14'E 23 73' D219252891)
The undersigned,Registered Professional Land Surveyor,
hereby certfies that the plat of survey accurately sets out EXHIBIT B
the metes and bounds of the encroachment tracts.
ENCROACHMENT AREA
PART OF LOT 7, BLOCK 7
CARTER INDUSTRIAL PARK
.��pt'�►�, ELIZABETH TEAGUE SURVEY
�P• r,�srF ABSTRACT NO. 1544
MICHAEL C.BILLINGSLEY ' °
frt;'' �( ;� CITY OF FORT WORTH
REGISTERED PROFESSIONAL ...... TARRANT COUNTY, TEXAS
LAND SURVEYOR NO.P558 h'ICIIAEL G_ECt BILLINGSL=Y
UNIT
CHERRY STREET. 6558., ,, —im l-ae `��Ho' rn
FORTIWORTH,1TEXAS 70102 ��A����fSS1'a �y��'
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Easement Encroachment Agreement-Commercial Page 12 of 16
Revised 4/2020
26679710v.2
LOT 8, BLOCK 7 A J
naH:�, CARTER INDUSTRIAL PARK i P.O.C.
IRSC ` 1
(INST.NO. D219252891)
7{�29 so
arcs PROPOSED 25 FOOT
SEWER EluEA1ENT
BY SERAPATE INTMUMENT
1
LINE TABLE I
NO. BEARING LENGTH
L1 G89'3tIWV 10.W I I
L2 SW2n5'E 52.38' I I I
L.3 389'30'35w 25 W I
LA NW'29'25•G1 52.38 I o
L5 NIB9'31Y35'E
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2
P.O.B. E.
LOT 7, BLOCK 7 5 L1
GARTER INDUSTRIAL PARK 7 O
(INST.NO. D219252851) )
ENCROACHMENT
AREA 2 I L3
0.0301 ACRES
1,310 SQ. FT.
LEGEND
EXHIBIT B
P.0.C--PC4NTOFDOWMENCrNG ENCROACHMENT AREA
13.0-5.-POINT OF BEGINNING
IRSC-sm'IRON RCO WXHK CAP SET PART OF LOT 7, BLOCK 7
CARTER INDUSTRIAL PARK
ELIZABETH TEAGUE SURVEY
ABSTRACT NO. 1544
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
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Easement Encroachment Agreement-Commercial Page 13 of 16
Revised 4/2020
26679710v.2
noej I„
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yraAl-•.k.t:0,.t l,
LINE=ABLE LOT 8, BLOCK 7
NO. I BEARING LENGTH
CARTER INDUSTRIAL PARK
Lt S09'39'W'W 1I)w (INST.NO. D219252891)
L2 SW2425'E 15.D0' i
L3 S89'3GWW 25-W
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i
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Inc s
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P.O.B. !W Otk
IL
ENCROACHMENT t ,d
LOT 7.BLOCK 7 AREA 3 I 53 I
CARTER INDUSTRIAL PARK O.DO86 ACRES L5
(INST.NO_02 1 926289 1) 375 SQ.FT.7� `y •, `J
i
I L3 I
PROPCGE025FOOT
SEWER EASEMENT I �I I
8Y SEPARATE INSMPAEWr
LOT fi.BLOCK?
CARTER INDUSTRIAL PARK EXHIBIT 8
(INST.NO_D219252891} ENCROACHMENT AREA
LEGEND PART OF LOT 7, BLOCK 7
P.O.C.-POINT OF COMMENCING CARTER INDUSTRIAL PARK
ROD-POINTOFIBEGINNING ELIZABETH TEAGUE SURVEY
fRW-UT IRM ROD N la-[A"CAP SET ABSTRACT NO. 1544
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
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Easement Encroachment Agreement-Commercial Page 14 of 16
Revised 4/2020
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EXHIBIT C
Legal Description of the Property
BEING Lot 7, Block 7, Carter Industrial Park, an addition to the City of Fort Worth, Tarrant
County, Texas, according to the plat recorded in Instrument No. D219252891, Official Public
Records, Tarrant County,Texas.
Easement Encroachment Agreement-Commercial Page 15 of 16
Revised 4/2020
26679710v.2
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EXHIBIT D
Certificate of Insurance
Easement Encroachment Agreement-Commercial Page 16 of 16
Revised 4/2020
26679710v.2