HomeMy WebLinkAboutContract 55640Date Received: 04/28/2021
Permit Number: PN20-00160
City Contract No.: 55640
Time Received: 2:18 pm
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMEIYT
TIER I!
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
Director of the Development Services Department, and Bell Textron
Inc.,a(n) corporation ("Licensee"), acting by and through its duly authorized
Representative.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 9601 Trinity
Blvd, Fort Worth, Texas 76053 ("Property"), being more particularly described in the
attached Exhibit "A" which is incorporated herein for all purposes; and
WHEREAS, the City owns a sanitary sewer and water easement (the "Public
Property") adjacent to the Property as shown in the attached Exhibit "B," which is
incorporated herein for all purposes, and as recorded in the plat records of Tarrant
County as plat number FS-79-44; and
WHEREAS, Licensee desires to construct, place, and maintain certain
improvements which will encroach in, on, above, or below the Public Property; 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 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 Public Property as described in and at the location shown
on Exhibit "C," but only to the extent shown thereon, for the purpose of constructing,
installing, and maintaining a vehicular/pedestrian bridge (the "Encroachment"). Upon
completion of the Encroachment, Licensee agrees to be responsible for maintaining the
Encroachment within the Public Property. Licensee shall not expand or otherwise cause
the Encroachment to further infringe in or on the Public Property be ond what is
specifically described in Exhibit "C." OFFICIAL RECORD
Tier II Easement Encroachment Ag�eement
CITY SECRETARY
FT. WORTH, TX
►�
All construction, installation, maintenance, and operation of the Encroachment
and the use or occupancy of the Public Property shall comply with and be performed in
strict compliance with this Agreement and with the charter, ordinances, codes, and
policies of the City. Prior to the construction or installation of the Encroachment,
Licensee shall submit all plans and specifications to the Director of the Development
Services Department or duly authorized representative. Licensee shall not commence
construction or installation of the Encroachment nor make any use of the Public Property
until after the execution of this Agreement.
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 and the use and occupancy of the Public Property, including the securing
the approval and consent of the appropriate utility companies and agencies of the State of
Texas 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 inade more costly by
virtue of the construction, maintenance, or existence of the Encroachment and use of
Public Property, Licensee shall pay to City an additional amount equal to such additional
cost as determined by the Director of Transportation and Public Works, the Director of
the Water Department, the Director of the Development Services Department, or their
duly authorized representative.
4.
Licensee agrees that City may enter and utilize the Public Property at any time for
any public purpose, including installing, repairing, replacing, or maintaining
improvements to its public facilities or utilities necessary for the health, safety, and
welfare of the public. The City shall have no responsibility or liability for any damages
related to the Encroachment resulting from the City's use of the Public Property;
however, the City shall make reasonable efforts to minimize such damage.
�
Upon termination of this Agreement, Licensee shall, at the option of and at no
expense to the City, remove the Encroachment and restore the Public Property to a
condition acceptable to the Director of Transportation and Public Works, the Director of
the Water Department, the Director of the Development Services Department or their
duly authorized representative. Any such removal of the Encroacl�unent shall be in
accordance with then-existing City regulations and policies. It is understood and agreed
to by Licensee that if this Agreement terminates and Licensee fails to remove the
Encroachment and restore the Public Properiy, Licensee hereby gives City permission to
Tier II Easement Encroachment Agreement Page 2 of 13
Revised 11/2020
remove the Encroachment and any supporting structures from the Public Property, to
restore the Public Property, and to 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 Encroachment and use of Public Property as provided for by this
Agreement, Licensee agrees to pay to City at the time this Agreement is requested an
application fee in the sum of Five Hundred Dollars ($500.00).
7.
The term of this Agreement shall be for thirty (30) years, commencing on the
date this Agreement is executed by City (the "Initial Term"). Upon the expiration of the
Initial Term, this Agreeinent shall automatically renew for successive twenty (20) year
terms (each a"Renewal Term") unless and until either Party notif`ies the other Party in
writing of its desire to not renew the Agreement, provided that such notice must be
delivered to the other Party at least s�ty (60) days before the expiration of the Initial
Term or any Renewal Term. However, the City may terminate this Agreement upon
Licensee's noncompliance with any of the terms of this Agreement. City shall notify
Licensee in writing of any such noncompliance and if Licensee does not cure the
noncompliance within thirty (30) days of notice from City, the City may terminate this
Agreement. However, the City may, at its sole option, allow the Agreement to remain in
effect so long as Licensee has taken reasonable measures to cure the noncompliance or is
continuing to diligently attempt to remedy the noncompliance.
8.
It is further understood and agreed between the parties hereto that the Public
Properly to be used and encroached upon is held by City as trustee for the public; that
City exercises such powers over the Public Property 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 Public Property for the use
and benefit of the public. It is accord'mgly 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 Public Property to be used for any other public purpose, 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 both the Encroachment and the public purpose.
Tier II Eas ement Encroachment Agreement Page 3 of 13
Revised 11/2020
9.
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, EXCEPT TO THE
EXTENT RESULTING FROM THE NEGLIGENCE OF OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND
LICENSEE HEREBYASSUMES ALL LIABILITYAND 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
Cert�cate of Insurance naming City as certificate holder as proof that is 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 "C."
The amounts of such insurance shall be not less than
$1,000,000
with the understanding and agreement by Licensee that such insurance amounts may be
revised upward at City's option and that Licensee shall so revise such amounts
immediately following notice to Licensee of such requirement. Such insurance policy
shall not be canceled or amended without at least thirty (30) days prior written notice to
the Building Official of the City. A copy of such Certificate of Insurance is attached as
Exhibit "D" and incorporated herein for all purposes. 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 restoration of the Public Property. All insurance coverage
required herein shall include coverage of all Licensee's contractors and subcontractors.
Tier II Eas ement Fncroachment Agreement Page 4 of 13
Revised 11/2020
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 the county in which the Encroachment is located. 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 use of the Public Property.
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 Public Property and is not a conveyance of any right, title, or interest in or to the
Public Property, 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, City shall be entitled to recover interest and reasonable attorneys' fees.
Tier II Eas ement Encroachment Agreement Page 5 of 13
Revised 11/2020
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 notif`ies 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
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Tier II Easement EncroachmentAgreement Page 6 of 13
Revised 11/2020
City: Licensee:
CITY OF FORT WORTH BELL TEXTRON INC.
By: DJ Ha�202108:37 CDT)
D.J. Harrell, Director of the
Development Services Department
B��
Name: Rudy C. Lopez
Title: VP-Contracts
Date: 4-27-2021
ATTEST:
City Secretary
Tier II Easement Encroachment Agreement
Date: lhS � )...c:{J.... \ '
Approved As To Form and Legality
Matthew A. Murray
Assistant City Attorney
Ordinance No. 24161-04-2020
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.
Janie Sc;ar!eff Mo rates
Janie Scarlett Morales (Apr 23, 202117:07 CDT)
Janie S. Morales
Development Services
Page 7 ofl3
Revised 11/2020
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 LTNDER MY HAND AND SEAL OF OFFICE this 27th day of
A�ril , 20 21 .
J e n n ife r L Digitally signed by Jennifer L
Ezernack
Ezernack Date:2021.04.2709:2535
-OS'00'
Notary Public in and for the State of Texas
o,�p,RY/'ve, JENNIFER L. EZERNACK
_ q � Notary Public
* �f7 + STATE OF TEXAS
NT ��� Q Notary I.D. 130561630
9�FOF�+ My Comm. Exp. Mar. 1, 2024
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
Tier II Easement Fncroachment Agreement
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
��(.L 5 , on this day personally appeared Rudy C. Lopez, VP - Con�acts 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 Bell Textron Inc., a corporation (entity
type), and in the capacity therein stated.
GIVEN LTNDER MY HAND AND SEAL OF OFFICE this o25 � day of �irr���,
20��
Notary Public in and for the
State of %e 1�Cis
Tier II Fasement EncroachmentAgi2ement
;``�����"'' CHERI L. THOMPSON
SPPV pUe �
;i� �� {:�: Notary Public, State of Texas
��9r,� �•+;� Comm Expires 10-17-2024
'�;°;,`,�` Notary ID 166648-5
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
EXHIBIT A
Description ofthe Licensee's Property
Tier II Easement EncroachmentAgreement Page 10 of 13
Revised 11/2020
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EXHIB IT B
Depiction ofthe Public Property
Tier II Easement EncroachmentAgreement Page 11 of 13
Revised 11/2020
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EXHIBIT C
Depiction and description ofthe Encroachment
Tier II Easement Encroachment Agreement Page 12 of 13
Revised 11/2020
EXHIBIT "C"
COUNTY: TARRANT PAGE 1 OF 4
CITY OF FORT WORTH APRIL 12, 2021
DESCRIPTION FOR EASEMENT ENCROACHMENT
BEING A DESCRIPTION OF A 41,750 SQUARE FEET (OR 0.985 ACRE) PARCEL OF
LAND SITUATED IN THE SIMON COTRIAL SURVEY, ABSTRACT NO. 330, IN THE
CITY OF HURST, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF LOT 2,
BLOCK 4, BELL HELICOPTER INDUSTRIAL PARK, AN ADDITION TO THE CITY OF
HURST AS RECORDED VOLUME 388-133, PAGE 37, PLAT RECORDS, TARRANT
COUNTY, TEXAS. SAID 41,750 SQUARE FEET (OR 0.985 ACRE) PARCEL OF LAND
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A 5/8 INCH IRON ROD FOUND (CONTROLLING MONUMENT) ON
THE SOUTH RIGHT-OF-WAY LINE OF TRINITY RAILWAY EXPRESS, A 200' RIGHT-
OF-WAY AS DESCRIBED IN VOLUME 7580, PAGE 920, DEED RECORDS, TARRANT
COUNTY, TEXAS, AND THE NORTHWEST CORNER OF SAID LOT 2, BLOCK 4, AND
BEING THE NORTHEAST CORNER OF LOT 1, BLOCK 4, OF BELL HELICOPTER IND.
PARK, AN ADDITION TO THE CITY OF HURST AS RECORDED VOLUME 388-128,
PAGE 11, PLAT RECORDS, TARRANT COUNTY, TEXAS, FROM WHICH A 5/8 INCH
IRON ROD FOUND AT THE NORTHWEST CORNER OF SAID LOT 1, BLOCK 4, BEARS
NORTH 85 DEGREES 54 MINUTES 15 SECONDS WEST, A DISTANCE OF 973.14 FEET;
THENCE, SOUTH 85 DEGREES 54 MINUTES 15 SECONDS EAST, ALONG THE
COMMON LINE OF SAID LOT 2, BLOCK 4, AND SAID SOUTH RIGHT-OF-WAY LINE
OF TRINITY RAILWAY EXPRESS, AND ALSO BEING THE NORTH LINE OF A 50 FOOT
WATER EASEMENT GRANTED TO THE CITY OF FORT WORTH AS RECORDED IN
VOLUME 4022, PAGE 343, AND VOLUME 4077, PAGE 546, DEED RECORD, TARRANT
COUNTY, TEXAS, AND A 20 FOOT PIPELINE EASEMENT GRANTED TO TEXAS
PIPELINE COMPANY AS RECORDED IN VOLUME 1893, PAGE 393, AND VOLUME
1925, PAGE 70, DEED RECORD, TARRANT COLTNTY TEXAS, A DISTANCE OF 116.23
FEET TO THE POINT OF BEGINNING;
THENCE, SOUTH 85 DEGREES 54 MINUTES 15 SECONDS EAST, CONTINUING
ALONG SAID COMMON LINE, A DISTANCE OF 835.00 FEET TO A POINT FOR
CORNER, FROM WHICH A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED
"JACOBS" FOUND AT THE NORTHEAST CORNER OF SAID LOT 2, BLOCK 4, BEARS
SOUTH 85 DEGREES 54 MINUTES 15 SECONDS EAST, A DISTANCE OF 1,913.60 FEET;
THENCE, DEPARTING SAID COMMON LINE, SOUTH 04 DEGREES OS MINUTES 45
SECONDS WEST, OVER AND ACROSS SAID LOT 2, BLOCK 4, SAID 50 FOOT WATER
EASEMENT, AND 20 FOOT PIPELINE EASEMENT, IN PASSING AT 20 FEET THE
SOUTH LINE OF SAID 20 FOOT PIPELINE EASEMENT, CONTINUING OVER AND
ACROSS SAID LOT 2, BLOCK 4, AND 50 FOOT WATER EASEMENT FOR A TOTAL
DISTANCE OF 50.00 FEET TO A POINT FOR CORNER ON THE SOUTH LINE OF SAID
50 FOOT WATER EASEMENT;
THENCE, NORTH 85 DEGREES 54 MINUTES 15 SECONDS WEST, ALONG SAID
SOUTH LINE OF 50 FOOT WATER EASEMENT, A DISTANCE OF 835.00 FEET TO A
POINT FOR CORNER;
J:AJOB\F8Y90245-Bell BTA Expansion\713 Survey\713.5 Easement\F8Y90245EX02.doc
EXHIBIT "C"
COUNTY: TARRANT PAGE 2 OF 4
CITY OF FORT WORTH APRIL 12, 2021
DESCRIPTION FOR EASEMENT ENCROACHMENT
THENCE, DEPARTING SAID SOUTH LINE OF 50 FOOT WATER EASEMENT, NORTH
04 DEGREES OS MINUTES 45 SECONDS EAST, A DISTANCE OF 50.00 FEET TO THE
POINT OF BEGINNING AND CONTAINING A CALCULATED AREA OF 41,750
SQUARF�FEET OR 0��8 ACRES OF LAND.
�-
:K E. KEETON, R.P.L.S.
ISTERED PROFESSIONAL LAND SURVEYOR
TEXAS REGISTRATION NO. 6790
JACOBS ENGINEERING GROUP, INC.
1999 BRYAN STREET, SUITE 1200
DALLAS, TEXAS 75201-3136
PHONE 214-638-0145 FAX 214-638-0447
TXBPLS FIRM # 10152300
APRIL 12, 2021
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EXHIBIT "C"
ENCROACHMENT EXHIBIT
SITUATED IN THE
SIMON COTRIAL SURVEY ABSTRACT N0. 330
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
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.�aCO1�S�
1999 BRYAN STREET, SUITE 1200
DALLAS, TEXAS 75201-3136
PHONE (214)638-0145 FAX (214)638-0447
TBPLS FIRM REGISTRATION N0. 10152300
EXHIBIT "C"
COUNTY: TARRANT PAGE 1 OF 3
CITY OF FORT WORTH APRIL 12, 2021
DESCRIPTION FOR EASEMENT ENCROACHMENT
BEING A DESCRIPTION OF A 5,793 SQUARE FEET (OR 0.133 ACRE) PARCEL OF
LAND SITUATED IN THE SIMON COTRIAL SURVEY, ABSTRACT NO. 330, IN THE
CITY OF HURST, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF A CALLED
43.956 ACRE TRACT CONVEYED TO BELL HELICOPTER COMPANY AS RECORDED
IN VOLUME 4031, PAGE 155, DEED RECORDS, TARRANT COLTNTY, TEXAS, AND
BEING A PORTION OF TRACTS 1 AND 2 AS CONVEYED TO BELL HELICOPTER
TEXTRON, INC., RECORDED IN COUNTY CLERKS NUMBER D211292181, DEED
RECORDS, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF LOT 1, BLOCK 4,
BELL HELICOPTER INDUSTRIAL PARK, AN ADDITION TO THE CITY OF HURST AS
RECORDED VOLUME 388-128, PAGE 11, PLAT RECORDS, TARRANT COUNTY,
TEXAS. SAID 5,793 SQUARE FEET (OR 0.133 ACRE) PARCEL OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A 5/8 INCH IRON ROD FOUND (CONTROLLING MONUMENT) ON
THE SOUTH RIGHT-OF-WAY LINE OF TRINITY RAILWAY EXPRESS, A 200' RIGHT-
OF-WAY AS DESCRIBED IN VOLUME 7580, PAGE 920, DEED RECORDS, TARRANT
COUNTY, TEXAS, AND BEING THE COMMON NORTHERLY CORNER OF SAID LOT 1,
BLOCK 4, BELL HELICOPTER INDUSTRIAL PARK AND LOT 2, BLOCK 4, BELL
HELICOPTER IND. PARK, AN ADDITION TO THE CITY OF HURST AS RECORDED
VOLUME 388-133, PAGE 37, PLAT RECORDS, TARRANT COUNTY, TEXAS, FROM
WHICH A 5/8 INCH IRON ROD FOUND AT THE NORTHEAST CORNER OF SAID LOT 1,
BLOCK 4 BEARS NORTH 85 DEGREES 54 MINUTES 15 SECONDS WEST, A DISTANCE
OF 973.14 FEET;
THENCE, DEPARTING SAID SOUTH RIGHT-OF-WAY LINE OF TRINITY RAILWAY
EXPRESS, SOUTH 30 DEGREES 22 MINUTES 15 SECONDS EAST OVER AND ACROSS
SAID CALL 43.956 ACRE TRACT AND ALONG THE COMMON LINE OF SAID LOT 1
AND LOT 2, BLOCK 4, IN PASSING AT A DISTANCE OF 90.90 FEET THE COMMON
LINE OF CALLED 43.956 ACRE TRACT AND SAID TRACT 2, CONTINUING ALONG
SAID COMMON LINE FOR A TOTAL DISTANCE OF 217.07 FEET TO THE POINT OF
BEGINNING;
THENCE, CONTINUING ALONG SAID COMMON LINE THE FOLLOWING TWO (2)
COURSES AND DISTANCES:
SOUTH 30 DEGREES 22 MINUTES 15 SECONDS EAST, A DISTANCE OF 49.56
FEET TO A POINT FOR CORNER;
SOUTH 03 DEGREES 22 MINUTES 15 SECONDS EAST, A DISTANCE OF 7.21
FEET TO A POINT FOR CORNER;
J:AJOB\F8Y90245-Bell BTA Expansion\713 Survey\713.5 Easement\F8Y90245EXOl.doc
EXHIBIT "C"
COUNTY: TARRANT PAGE 2 OF 3
CITY OF FORT WORTH APRIL 12, 2021
DESCRIPTION FOR EASEMENT ENCROACHMENT
THENCE, DEPARTING SAID COMMON LINE, OVER AND ACROSS SAID LOT 1,
BLOCK 4 THE FOLLOWING FOUR (4) COURSES AND DISTANCES:
NORTH 65 DEGREES 31 MINUTES 50 SECONDS WEST, A DISTANCE OF 20.76
FEET TO A POINT FOR CORNER;
SOUTH 59 DEGREES 33 MINUTES 50 SECONDS WEST, A DISTANCE OF 136.45
FEET TO A POINT FOR CORNER;
NORTH 10 DEGREES 52 MINUTES 00 SECONDS WEST, A DISTANCE OF 41.39
FEET TO A POINT FOR CORNER;
NORTH 59 DEGREES 33 MINUTES 50 SECONDS EAST, A DISTANCE OF 137.86
FEET TO THE POINT OF BEGINNING AND CONTAINING A CALCULATED
OF 5,793 SQL�RE FEET OR 0.133 ACRES OF LAND.
. E. KEETON, R.P.L.S.
TERED PROFESSIONAL LAND SURVEYOR
TEXAS REGISTRATION NO. 6790
JACOBS ENGINEERING GROUP, INC.
1999 BRYAN STREET, SUITE 1200
DALLAS, TEXAS 75201-3136
PHONE 214-638-0145 FAX 214-638-0447
TXBPLS FIRM # 10152300
APRIL 12, 2021
/��e.,0 F.,. T�
/ Q.,�G�STER°..�-
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.........................
MARK E. KEETON
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\� .S U R���
J:AJOB\F8Y90245-Bell BTA Expansion\713 Survey\713.5 Easement\F8Y90245EXOl.doc
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ENCROACHMENT EXHIBIT
� Z DRAWN BY: ATP SITUATED IN THE 1999 BRYAN STREET, SUITE 1200
� J OF 3 SIMON COTRIAL SURVEY ABSTRACT N0. 330 pHONE ( 14)638T0145 FAXO(214) 38-0447
� CHECKED BY: MEK CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
� TBPLS FIRM REGISTRATION N0. 10152300
EXHIBIT D
Ce rtificate of Ins urance
Tier II Easement FncroachmentAgreement Page 13 of 13
Revised 11/2020
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