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HomeMy WebLinkAboutContract 56015 Date Received: Jul 15,2021 City Secretary Time Received: 4:22 pm Contract No.: 56015 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER 11 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 IDIL South Fort Worth Commerce Center, LLC, a Delaware Limited Liability Company ("Licensee"), acting by and through its duly authorized Director of Construction. RECITALS WHEREAS, Licensee is the owner of the real property located at 1021 & 10.53 Everman Pkwy., Fort Worth, Texas 76140 ("Property"), being more particularly described in the attached Exhibit "A" which is incorporated herein for all purposes; and WHEREAS, the City owns a 15' Sanitary Sewer Easement, a 10' Sanitary Sewer Easement, a 15' Sanitary Sewer Easement and a Variable Width Sanitary Sewer 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 deed records of Tarrant County by instrument number D218010076, D221172847, D211255234 and D221080177. 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 an 8" Sanitary Sewer encroaching into existing 15' Sanitary Sewer easement (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within the Public Tier 11 Easement Encroachment Agreement OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Property. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on the Public Property beyond what is specifically described in Exhibit «C » 2. 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 made 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. 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 Public Property to a condition acceptable to the Director of Transportation and Public Works, the Director of Tier 11 Easement Encroachment Agreement Page 2 of 13 Revised 11/2020 the Water Department, the Director of the Development Services Department or their duly authorized representative. Any such removal of the Encroachment 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 Property, Licensee hereby gives City permission to 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 (S500.00). 7. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by City. 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 Property 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 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 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. 9. Tier 11 Easement Encroachment Agreement Page 3 of 13 Revised 11/2020 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 ALLEGED 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 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. 11. Tier 11 Easement Encroachment Agreement Page 4 of 13 Revised 11/2020 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 11 Easement 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 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 [SIGNATURES APPEAR ON FOLLOWING PAGE] Tier 11 Easement Encroachment Agreement Page 6 of 13 Revised 11/2020 City: Licensee: CITY OF FORT WORTH IDIL South Fort W h ommerce Center,LJOC By: "'ll(�02111:41 CDC By: D.J. Harrell, Director Al Morales Development Services Director of Con ction Date: Jul 14,2021 Date: 7 20 Z 'I,CLTI irr p*t - O oOATTEST: t j o �� Approved as To Form and Legality 0 ° 0000 0. ICY °°°°°°° Ronald Gonzales Thomas Royce Hansen City Secretary Assistant City Attorney II 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. c�d1LP�Mv�aG�I Janie Scarlett Morales, Planning Manager Development Services OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II Easement Encroachment Agreement Page of 13 Revised 11/2020 ***THIS PAGE FOR CITY OF FORT WORTH OFFICE USE ONLY*** 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 14th day of Tuly 20 21 Jennifer L. Digitally signed by Jennifer JENNIFER L. EZERNACK L.Ezernack z Notary Public + * STATE OF TEXAS Ezernack Date:2021.07.1411:46:15 v � Notary I.D. 130561630 -05,00, My Comm.Exp.Mar. 1,2024 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 Tier 11 Easement Encroachment Agreement Page 8 of 13 Revised 11/2020 STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, a Notary Public in and for the State of �, on this day personally appeared Al Morales, Director of Construction, 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 sarne for the purposes and consideration therein expressed, as the act and deed of IDIL South Fort Worth Commerce Center, LLC, a Delaware Limited Liability Company and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of vl� , 20 ` Notary Public in and for the State ofONDA ,q:'' ' pNN,li11+N hP JN OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier H Easement Encroachment Agreement Page 9 of 13 i Revised 11/2020 EXHIBIT A Description of the Licensee's Property Tier 11 Easement Encroachment Agreement Page 10 of 13 Revised 11/2020 Exhibit A N W E r uig to ViCtman Or Mrs &atraT O es 0 :i;mvf F;41 PROJECT LOCATION LL 3o Eikrman rr" 0) O a C) t f> C: E t la V � O O U � C W N � O ©2020 Microsoft Corporatbrl O 2020 HERE + k►;;!I� to H VICINITY MAP Ld N �g,TT C 1� S N E X -DTH SOUTH FORT WOXX U C W O COMMERXCE CENTERX W / L W LO CATID IN CITY OF FORT WORTH, TEXAS 7 PREPARED MR: MAPSCO NO. : 105K PREPARED BY- COUNCIL DIS'I'RICI': 8 IDI Logistics ��r/� � ° 2300 N.Field Street,Suite 2060,Gallas,Tx 75201 � J ARS HALL CIVIL ENGINEERS—PLANNERS—SURVEYORS (V 2405 Mustang Orive,Grapevine,Texas 76051 00 T® ��Iq[��yT /may /q/1 (817)M•43]3 O V 1 NUAR JL q 2021 / W EXHIBIT"A" ENCROACHMENT AGREEMENT TRACT No. 1 STATE OF TEXAS: COUNTY OF TARRANT: BEING a tract of land situated in the J. Hudson Survey, Abstract No. 741, City of Fort Worth,Tarrant County,Texas, being a portion of Lot 5RlAR2, Block 5, South Fort Worth Commerce Center, an addition to the City of Fort Worth,Tarrant County, Texas as recorded in D221 172847, Official Public Records,Tarrant County,Texas (OPRTCT), being a portion of that tract of land as described in deed to IDIL South Fort Worth Commerce Center, LLC, recorded in D220206269, OPRTCT, and being more particularly described as follows: COMMENCING at a 1/2"rebar capped Brittain &Crawford found at an angle point in the north line of Everman Parkway (variable width R.O.W., adjoining R.O.W. per D21 1255234 & D214015596, OPRTCT) at the southwest corner of said Lot 51?1AR2, Block 5 and the southeast corner of Lot 5R2, Block 5 of Carter Industrial Park, an addition to the City of Fort Worth,Tarrant County,Texas as recorded in D21 1255234, OPRTCT; THENCE North 00 degrees 34 minutes 20 seconds West, departing the north line of said Everman Parkway, along a west line of said Lot 5R1 AR2, Block 5, at a distance of 291.46 feet passing a cut X found at a reentrant corner said Lot 5R1 AR2, Block 5, at 331.47 feet passing a cut X found at a reentrant corner of said Lot 5RIAR2, Block 5, continuing a total distance of 598.66 feet to a point a west line of said Lot 5R1 AR2, Block 5; THENCE North 89 degrees 25 minutes 40 seconds East, across said Lot 5R1AR2, Block 5 and said IDIL South Fort Worth Commerce Center tract, a distance of 1.00 feet to the POINT OF BEGINNING of the herein described tract of land; THENCE across said Lot 5R 1 AR2, Block 5 and said IDIL South Fort Worth Commerce Center tract, as follows: North 00 degrees 34 minutes 20 seconds West, a distance of 6.00 feet; North 89 degrees 25 minutes 40 seconds East, a distance of 15.00 feet; South 00 degrees 34 minutes 20 seconds East, a distance of 6.00 feet; South 89 degrees 25 minutes 40 seconds West, a distance of 15.00 feet to the POINT OF BEGINNING and containing 90 square feet of land; NOTE: Bearings are referenced to Texas State Plane Coordinate System, North Central Zone (4202), North American Datum of 1983 as derived from GPS observation. 3 �i r., w 0 Q U Q O U Z w Q d w O P� OFEF'r v /'� •G sT R•'9S, J•i(. .(�O•• 6 IL CV OODRAT�R T Q Job No.: 10823 Scale: NONE Sheet JOEL. .BARTON YY 1Y 4914 �, ARSHALL Z Drafted: T.J.M. Checked: J.S.B. 1 �q°FESS%o.-* CIVIL ENGINEERS--PLANNERS-SURVEYORS of Hp SURVEY U 2405 Mustang Drive,Grapevine,Texas 76051 Date Prepared: 6/18/2021 S �, 00 o (817)329-4373 7- �v�+ T.Eng Firm*F-2944—T.S—Firm#10021700 / LLI EXHIBIT"A" ENCROACHMENT AGREEMENT TRACT No. 2 STATE OF TEXAS: COUNTY OF TARRANT: BEING a tract of land situated in the J. Hudson Survey, Abstract No. 741, City of Fort Worth,Tarrant County,Texas, being a portion of Lot 5RIAR2, Block 5,South Fort Worth Commerce Center, an addition to the City of Fort Worth,Tarrant County, Texas as recorded in D221 172847, Official Public Records, Tarrant County,Texas (OPRTCT), being a portion of that tract of land as described in deed to IDIL South Fort Worth Commerce Center, LLC, recorded in D220206269, OPRTCT, and being more particularly described as follows: COMMENCING at a 5/8"rebar found in the north line of Everman Parkway (variable width R.O.W., adjoining R.O.W. per Volume 6105, Page 274, Deed Records,Tarrant County,Texas), being the southeast corner of said Lot 5RIAR2, Block 5; THENCE North 00 degrees 24 minutes 09 seconds West, along the east line of said Lot 5RIAR2, Block 5 and the east line of said to IDIL South Fort Worth Commerce Center tract, a distance of 689.44 feet to a point,from which a 5/8"rebar capped B.H.B. INC found at the northeast corner of said Lot 5R1 AR2, Block 5 bears North 00 degrees 24 minutes 09 seconds West, 455.92 feet; THENCE South 89 degrees 35 minutes 51 seconds West, across said Lot 5RIAR2, Block 5 and said IDIL South Fort Worth Commerce Center tract, a distance of 41.00 feet to the POINT OF BEGINNING of the herein described tract of land; THENCE across said Lot 5R 1 AR2, Block 5 and said IDIL South Fort Worth Commerce Center tract, as follows: South 89 degrees 35 minutes 51 seconds West, a distance of 19.00 feet; North 00 degrees 24 minutes 09 seconds West, a distance of 4.00 feet; North 89 degrees 35 minutes 51 seconds East, a distance of 19.00 feet; South 00 degrees 24 minutes 09 seconds East, a distance of 4.00 feet to the POINT OF BEGINNING and containing 76 square feet of land; NOTE: Bearings are referenced to Texas State Plane Coordinate System, North Central Zone (4202), North American Datum of 1983 as derived from GPS observation. rn 3 N W W Q U Q 0 U z W HC L to W H J d 0 OF tF 0 k y���,�'�S a ..................... GOOD��T �T Job No.: 10823 Scale: NONE Sheet UOEL S.BARTON • ° '� I a ,o 4914 � �� ° Drafted: T.J.M. Checked: J.S.B. 2 �'�°Fess��`�P e CIVIL ENGINEERS- PLANNERS-SURVEYORS of �NOSURVE�O U 2405 Mustang Drive,Grapevine,Texas 76051 Date Prepared: 6/18/2021 5 o (617)329-4373 j TxEng Firm#F-2944-TxS—Firm#10021700 j j EXHIBIT"A" PORTION OF 3 LOT5RIAR,BLOCK LOT5RIAR2,BLOCKS OF SOUTH FORT WORTH LOTS 5RIAR,5R/C&5R7D I COMMERCE CENTER BLOCK 5 I D22 7 7 72847 CARTER INDUSTRIAL PARK O.P.R.T.C.I. D278070076, O.P.R.T.C.T L2 ��C4 U LOT 5R7D,BLOCKS L51 o k O OF 1 Q ? O LOTS5RIAR,5RIC&5RID,BLOCKS L1 I P.O.B. CARTER INDUSTRIAL PARK W D278070076, O.P.R.T. T.C. I E1�CROACHMENT W m z I I iAGREEMENT o 100 a (TRACT No. 1 U , O J �1�� n k� I SCALE IN FEET 11� oI LOT 5R1 C,,B LOCK 5 I I 15 PRIVATE DRAINAGE I EASEMENT LOT55R7AR,5R7C&5RID,BLOCKS I 1 I D221172847,O.P.R.T.C.T. CARTER INDUSTRIAL PARK I I D2780I0076, O.P.R.TC.T 15SANITARY I SEWER EASEMENT CUT"X"FOUND D218010076 O.P.R.T.C.T. I � I 1 LO OUT"X"FOUND LOT5RIB,BLOCKS o I I I °m CARTER INDUSTRIAL PARK owz==~ b cN I I Q w �w w U D214075596, O.P.R.I.C.T. 1 115'PERMANENT SANITARY IDIL SOUTH FORT WORTH z ¢ o SEWER EASEMENT COMMERCE CENTER,LLC w ¢ wU 214015596,O.P.R.T.C.T. p O 220206269 N w vi� O.P.R.T.C.T 1/$'R.C.F."BRITTAIN CRAWFORD" 'U -000 ACCESS EASEMENT AND I I w¢p cli^o PUBLIC ACCESS EASEMENT P.O,C, U o N D214230461,O.P.R.T.C.T.AMENDED BY ENCROACHMENT U- o I PRIVATE DRAINAGE U m c N N D218129062,O.P.R.T.C.T.EXHIBIT"B" EASEMENT ¢ 00 D217159327,O.P.R.T.C.T.EXHIBIT"A" AGREEMENT D221172847,O.P.R.T.C.T. No o D218010076,O.P.R.T.C.T. AGREEMENT o TRACT No. 1 D221032681,O.P.R.T.C.T. LOT 5R_2,BLOCK 5 A-711 I 3 CARTER INDUSTRIAL PARK A_]O(J - - - D2 1 7 255234, O.P.R.T.C.T. w PARCEL 5 �}� 1 14 DRAINAGE EASEMENACCESS DRIVE No.2 T �'1'��`2 IN , U D211277406,O.P.R.T.C.T. _ _ _ _ �{; '-`--- O¢ �i 0 U — Z 10'x10'PUBLIC OPEN LU 72'R.0.W. DEDICATION R.O.W. DEDICATION SPACE EASEMENT D211255234, O.P.R.T.C.T. D214075596, O.P.R.TC.T. D218010076,O.P.R.T.C.T. w EVERMAN PARKWAY PARCEL6 (R.O.W. VARIES) DRAINAGE EASEMENT SLL SHEET J D211277406,O.P.R.T.C.T. ADJOINING R.O.W, p OR LINE Del T,I VOL. 6105,PG.274,D.R.T.C.T. OF TF Oo D O ®�� �� Q Job No.: 10823 Scale: 1"=100' Sheet , JOEL S.BARTON 0 4914 ., -00 � �� �� ° Drafted: T.J.M. Checked: J.S.B. 3 �oFess�a`'P' CIVIL ENGINEERS-PLANNERS-SURVEYORS Of U 2405 Mustang Drive,Grapevine,Texas 76051 Date Prepared: 6/18/2021 5 o (817)329-4373 TxEng Firm#F-2044-TxS—Firm#10021700 U/j' EXHIBIT"A" 10'PERMANENT SEWER FACILITY EASEMENT I D221172847,O.P.R.T.C.T. L8 I L9 L10 SEA. SHEET J FOR LINE DATA L717 I L61 III P.O.B. 0 100 ENCROACHMENT i l AGREEMENT II SCALE IN FEET TRACT No. 2 I I III Q I 76 SQ. FT. 1 I I I I ENERGY TRANSFER FUEL,L.P. I I I I O 20'PERMANENT R.O.W.EASEMENT VOL.9244,PG. 1962,D.R.T.C.T. LOT 5R7AR2, BLOCK 5 VOL. 16739,PG. 120,D.R.T.C.T. SOUTH FORT WORTH D204394373,O.P.R.T.C.T. COMMERCE CENTER 15'SANITARY SEWER EASEMENT D22 1 1 72847 D211255234,O.P.R.T.C.T. I 1.5'UTILITY POLE EASEMENT _ �E (ABUTS EAST LINE OF LOT 5R1AR) 1 VOL.388-31,PG.52,P.R.T.C.T. lDIL SOUTH FORT WORTH I I I I °O— "T' COMMERCE CENTER,LLC VOL.3690T PG.249,D.R.T.C.T. 220206269 I I 3 iQ O.P.R.T.C.T. SOVERHEAD UTILITY I I o Zv1� VOL.388-31,,PG.52,P.R T C.T. o I I I t T.E.S.Co. I I I a Z I VOL.3690,PG.249,D.R.T.C.T. 100 15'UTILITY 1�111��P�1 D218010076,E ASEMENT Z O.P.R.T.C.T. T C.T. I I I I I I Z 15'PERMANENT SEWER ENERGY TRANSFER FUEL,L.P. FACILITY EASEMENT I I z 20'PERMANENT R.O.W.EASEMENT D221172847,O.P.R.T.C.T. I I I a N VOL.9244,PG. 1962,D.R.T.C.T. I I I I O O VOL.16739,PG.120,D.R.T.C.T. I I U ?6 ---1 \ D204394373,O.PRT. _---_-_-_ __-�0.�._ II I �I II 0 PRIVATE DRAINAGEQ- °ENCROACHMENT Q EASEMENT AGREEMENT D221172847,OP.R.T.C.T. o�c I AGREEMENT TRACT No. 2 1 I I O o o N D221032681,O.P.R.T.C.T. I I M u _ -%41 y� 5/8"R.F. T.E.S.C!CORNER 1 I s Q LVO4 TILITY EASE I690,PG.24C.T. 1 I b O `� 3/4"R.F. POINT FO I T DISTURB 'R.F. —I I w EVERMAN PARKWAY — (R.O.W. VARIES) Q a ADJOINING R.O.W. VOL. 6705,PG.274, D.R.T.C.T. 0 �p(EOF o - + r7 2�G\YAC RHO� o ���1f �l� Q Job No.: 10823 Scale: 1"=100' Sheet JOEL S.BARTON o J Y 1�`! Cm ������ 6 Drafted: T.J.M. Checked: J.S.B. �'q 4914 FSS\O. CIVIL ENGINEERS-- PLANNERS-SURVEYORS of ENO SURV�O U 2405 Mustang Drive,Grapevine,Texas 76051 00 (817)329-4373 Date Prepared: 6/18/2021 5 /��, n q� ��� CDTIC I,Firm#F-29--T%SUN Firm#10021700 EXHIBIT"A" LINE TABLE LINE # BEARING DISTANCE L1 N89025'40"E 1.00 L2 N00034'20"W 6.00 L3 N89025'40"E 15.00 L4 S00034'20"E 6.00 L5 S89025'40"W 15.00 L6 S89035'51"W 41.00 V S89035'51"W 19.00 L8 N00024'09"W 4.00 L9 N89035'51"E 19.00 L10 S00024'09"E 4.00 m 3 a N W W V Q U Q O W U Z w LU w Q a w O If 0g�P� S F o G IL . ��� Y Y l l Q Job No.: 1 pg23 Scale: NONE Sheet . JOEL. .BARTON Y� /� � 4914 P o �� �� Z Drafted: T.J.M. Checked: J.S.B. 5 a CIVIL ENGINEERS--PLANNERS--SURVEYORS Of SURV�O 1_L- ' 2405 Mustang Drive,Grapevine,Texas 76051 Date Prepared: 6/18/2021 5 (�,0_ � � " o (817)329-4373 J""" TzEng Firm#F-2944-TzSury Firm#10021700 jj IN EXHIBIT"A" ENCROACHMENT AGREEMENT TRACT No. 3 STATE OF TEXAS: COUNTY OF TARRANT: BEING a tract of land situated in the J. Hudson Survey, Abstract No. 741, City of Fort Worth,Tarrant County,Texas, being a portion of Lot 5RlAR2, Block 5, South Fort Worth Commerce Center, an addition to the City of Fort Worth,Tarrant County, Texas as recorded in D221 172847, Official Public Records, Tarrant County,Texas (OPRTCT), being a portion of that tract of land as described in deed to IDIL South Fort Worth Commerce Center, LLC, recorded in D220206269, OPRTCT, and being more particularly described as follows: COMMENCING at a 1/2" rebar capped Brittain &Crawford found at an angle point in the north line of Everman Parkway (variable width R.O.W., adjoining R.O.W. per D21 1255234 & D214015596, OPRTCT) at the southwest corner of said Lot 5R1 AR2, Block 5 and the southeast corner of Lot 5R2, Block 5 of Carter Industrial Park, an addition to the City of Fort Worth, Tarrant County,Texas as recorded in D21 1255234, OPRTCT; THENCE North 00 degrees 34 minutes 20 seconds West, departing the north line of said Everman Parkway, along a west line of said Lot 5R1 AR2, Block 5, at a distance of 291.46 feet passing a cut X found at a reentrant corner said Lot 5R1 AR2, Block 5, at 331.47 feet passing a cut X found at a reentrant corner of said Lot 5R1 AR2, Block 5, continuing a total distance of 474.37 feet a point in the west line of said Lot 5R1 AR2, Block 5, being the POINT OF BEGINNING of the herein described tract of land; THENCE North 00 degrees 34 minutes 20 seconds West, along the west line of said Lot 5R1 AR2, Block 5, a distance of 34.81 feet; THENCE across said Lot 5R1 AR2, Block 5 and said IDIL South Fort Worth Commerce Center tract, as follows: South 17 degrees 16 minutes 03 seconds East, a distance of 52.21 feet; South 00 degrees 34 minutes 20 seconds East, a distance of 11.47 feet; South 89 degrees 25 minutes 40 seconds West, a distance of 7.00 feet; North 17 degrees 16 minutes 03 seconds West, a distance of 27.85 feet to the POINT OF BEGINNING and containing 440 square feet of land; NOTE: Bearings are referenced to Texas State Plane Coordinate System, North Central Zone (4202), North American Datum of 1983 as derived from GPS observation. 3 M w W a a u a O U Z w N F<— G N W Q D_ 0 �P�E O F 7'Fx9 u y•�-``G � RFo� a JOEL S.BARTON ��� �� Q Job No.: 10823 Scale: NONE Sheet ... ...... .. YY 1� 0 4914 ' ARSHALL z Drafted: T.J.M. Checked: J.S.B. �.0FFSS . CIVIL ENGINEERS---PLANNERS-SURVEYORS Of SURVE�O 6 2405 Mustang Drive,Grapevine,Texas 76051 Date Prepared: 6/18/2021 4 �� � ;'��^ _o (617)329.4373 ® �CI TxErg Firm#F-2944-TxS—Firm#10021700 (/ w EXHIBIT"A" ENCROACHMENT AGREEMENT TRACT No.4 STATE OF TEXAS: COUNTY OF TARRANT: BEING a tract of land situated in the J. Hudson Survey, Abstract No. 741, City of Fort Worth,Tarrant County,Texas, being a portion of Lot 5R1AR2, Block 5,South Fort Worth Commerce Center, an addition to the City of Fort Worth,Tarrant County, Texas as recorded in D221 172847, Official Public Records, Tarrant County,Texas (OPRTCT), being a portion of that tract of land as described in deed to IDIL South Fort Worth Commerce Center, LLC, recorded in D220206269, OPRTCT, and being more particularly described as follows: COMMENCING at a 1/2"rebar capped Brittain &Crawford found at an angle point in the north line of Everman Parkway (variable width R.O.W., adjoining R.O.W. per D21 1255234 & D214015596, OPRTCT) at the southwest corner of said Lot 5R1 AR2, Block 5 and the southeast corner of Lot 5R2, Block 5 of Carter Industrial Park, an addition to the City of Fort Worth, Tarrant County,Texas as recorded in D21 1255234, OPRTCT; THENCE North 00 degrees 34 minutes 20 seconds West, departing the north line of said Everman Parkway, along a west line of said Lot 5R1 AR2, Block 5, at a distance of 291.46 feet passing a cut X found at a reentrant corner said Lot 5R1 AR2, Block 5, at 331.47 feet passing a cut X found at a reentrant corner of said Lot 5R 1 AR2, Block 5, continuing a total distance of 361.41 feet a point in the west line of said Lot 5R1AR2, Block 5, being the POINT OF BEGINNING of the herein described tract of land; THENCE North 00 degrees 34 minutes 20 seconds West, along the west line of said Lot 5R1AR2, Block 5, a distance of 24.55 feet; THENCE across said Lot 5R1 AR2, Block 5 and said IDIL South Fort Worth Commerce Center tract, as follows: South 24 degrees 36 minutes 41 seconds East, a distance of 36.82 feet; South 00 degrees 34 minutes 20 seconds East, a distance of 13.34 feet; South 89 degrees 25 minutes 40 seconds West, a distance of 5.00 feet; North 24 degrees 36 minutes 41 seconds West,a distance of 24.55 feet to the POINT OF BEGINNING and containing 340 square feet of land; NOTE: Bearings are referenced to Texas State Plane Coordinate System, North Central Zone (4202), North American Datum of 1983 as derived from GPS observation. 3 a M w w a a U O U z w CN C LU ti ¢ J d w / O FTF v k � a G �j Job No.: 10823 Scale: NONE Sheet JOEL S.BARYON OODWIN < �•••oo 4914 c Drafted: T.J.M. Checked: J.S.B. 2 0Fess�??' CIVIL ENGINEERS--PLANNERS---SURVEYORS H�SURVEY u of 2405 Mustang Drive,Grapevine,Texas 76051 Date Prepared: CD p 6/18/2021 °' 4 (817)329-4373 / TxEng Firm#F-2944—TxSury Firm#10021700 ili EXHIBIT"A" PORTION OF 3 LOT 5R7AR,BLOCK 5 LOT 5R7AR2,BLOCK 5 OF SOUTH FORT WORTH LOTS5RIAR,5R7C&5R7D I COMMERCE CENTER C I BLOCK 5 I D22 7 7 72847 CARTER INDUSTRIAL PARK 0.P.R.T.C.T. D278070076, O.P.R.T.C.T. ----- I >N p Q� LOT5RID,BLOCK O OF 3 Q ti 0 LOT55RIAR,5RIC&5R7D, BLOCKS I I P.O.B. O CARTER INDUSTRIAL PARK c� I E1�CROACHMENT W W Z D2 7 80 7 0076, O.P.R.T.C.T. W m ? " I I AGREEMENT 0 100 a I iTRA CT No. 3 Q Q� 440 SQ. FT. SCALE IN FEET1 LOT5R7C,,BLOCK 5 OF 15'PRIVATE DRAINAGE LOTS5RIAR,5R7C&5R7D,BLOCKS I L4 1I I EASEMENT O I CARTER INDUSTRIAL PARK 15'SANITARY I' I D221 172847,O.P.R.T.C.T. D278070076, O.P.R.T.C.T.Y/ SEWER EASEMENT I D218010076 -o �� I I P.O.B. O.P.R.T.C.T. I ENCROACHMENT CUT'x"FOUND L I AGREEMENT L9 i TRACT No. 4 X 1-l'iti� 340 SQ. FT. �• 'y` mQ v I JUT"X"FOUND o LOT 5R7B, BLOCK 5 ^ o I o w z=_ CARTER INDUSTRIAL PARK I I I lDIL SOUTH FORT WORTH ¢w w w D214015596, O.P.R.TC.T. ?� 15'PERMANENT SANITARY COMMERCE CENTER,LLC '-- ¢ o% SEWER EASEMENT w W v U o o I I 220206269 n U O c4 cN I I I D214015596,O.P.R.T.C.T. O.P.R.T.C.T. Lu — — — — L<w o I J U�00 ACCESS EASEMENT AND 0 0 1/12"R.C.F."BRITTAIN CRAWFORD" DCD o o P•(�,I I-- ---_ _ ¢p PUBLIC ACCESS EASEMENT C J U C' N D214230461,O.P.R.T.C.T.AMENDED BY Z Z ENCROACHMENT PRIVATE DRAINAGE U�pooh U m v o w D218129062,O.P.R.T.C.T.EXHIBIT"B" ¢�O N O EASEMENT �M D217159327,O.P.R.T.C.T.EXHIBIT"A" AGREEMENT D221 172847,O.P.R.T.C.T. N N D218010076,O.P.R.T.C.T. AGREEMENT o 0 r) TRACTS No. 3 &4 1221032681,O.P.R.T.C.T. m LOT 5R2,BLOCK 5 .�-7-11—I I CARTER INDUSTRIAL PARK 4-1O)4 — —D277255234, O.P.R.T.C.T. I PARCEL 5 ���1Z �0 LU ACCESS DRIVE No.2& — ` .• ' U DRAINAGE EASEMENT D211277406,O.P.RT.C.T_ _ _ _ (j• ` 1��Z_l Q O 1 U 10'xl0'PUBLIC OPEN Z 72'R.O.W. DEDICATION R.O.W. DEDICATION J SPACEEASEMENT D271255234, O.P.R.T.C.T. D274075596, 0.P.R.T.C.T D218010076,O.P.R.T.C.T. rn LU EVERMAN PARKWAY PARCEL L DRAINAGE EASEMENT ¢ SEE SHED I'4 (R.O.W. VARIES) D211277406,O.P.R.T.C.T. ADJOINING R.O.W. p OR LINE 1111,I VOL. 6705, PG.274, D.R.T.C.T �e OF TF O I' 4. IL 0� R o9s D ��� 'Y Y ��T ° Job No.: 10823 Scale: 1"=100' Sheet , JOEL S. ...... IYIi 'YY� 11�� �� ? 0 49140 Drafted: T.J.M. Checked: J.S.B. 3 �°F�ss� P CIVIL ENGINEERS-- PLANNERS-SURVEYORS Ot < SURV�O v 2405 Mustang Drive,Grapevine,Texas 76051 Date Prepared: 6/18/2021 4 Y� o (817)329-4373 jJ `�, •••+++000 / TzErg Firm#F-2944-TxSury Firm#1D021700 (/ w EXHIBIT"A" LINE TABLE LINE # BEARING DISTANCE Ll N00034'20"W 34.81 L2 S17016'03"E 52.21 L3 S00034'20"E 11.47 L4 S89025'40"W 7.00 L5 N 17016'03"W 27.85 L6 N00034'20"W 24.55 L7 S24036'41"E 36.82 L8 S00034'20"E 13.34 L9 S89025'40"W 5.00 L10 N24036'41''W 24.55 3 v Cl) w w Q S U O U z w w Q J lL / 0 OF TF-r °U G\�R�9s' l3 CL GOOD WIN�l a Job No.: l pg23 Scale: NONE Sheet . JOEL. .BARTON 7 Y V 1 �•,-,o 4914 P, MARSHALL Z Drafted: T.J.M. Checked: J.S.B. 4 o"�FSs\o`' CIVIL ENGINEERS- PLANNERS-SURVEYORS at <gNt)SURVO� U 2405 Mustang Drive,Grapevine,Texas 76051 Date Prepared: 6/18/2021 4 �, � Z ,�r.r 00 o (877)329-4373 TxErg Firm#F-2944-TxSury Firm#10021700 LU EXHIBIT B Depiction of the Public Property Tier 11 Easement Encroachment Agreement Page 11 of 13 Revised 11/2020 Exhibit S O TARRANT COUNTY TAX O ?Y W+RY LOUIBE GARGIA m r.�a w..�.+ couNry CLERK �h C� 0 .1 ' BRITTAINB CRAWFORD 3S08 SFREEWAY _O� S-RI p2 S2IG F!WORTH,r%]6110 1.1—Tn Tx>a,a,m,e�•,, roz,ao ,cF, s�l,a,i,a� reRmw+acBAwFOBo Gori�� �,,,d�.ra=%+.� \\ FareT.,on*n T.re+mmso ,ns ere m Tx,s+ozsszco DONOTOESTROY WARNING-THIS IS PART OF THE OFFICIAL RECORD o-n�ry lnm me as oemrem+ea,a:o ooreNT+ nu ZT111, LT o Ima,� m���� o.e..orem v•m ace:.o won,oam F ,a vurn po, acs sss.m WTE 7lrepvopeM1ylRemAgiu�nueDefe�mml - Fc AddiAoonlr�,eeswllbB:omedueu4euthe .�,,,x:',�.'... lendmchanges@@Bp mi nBImFm e�ulhudPodxnrm. 0 O MARV LOUISE GARCIA � � � � 1�✓ _ TARRANT COUNTY TAR OF OTY—EK Gr �.,am.ar. 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NM - OR 1-4 N 0 D221080177 03/25/2021 08:48 AM Page: 1 of 6 Fee: $39.00 Submitter: Ricardo Salazar Electronically Recorded by Tarrant County Clerk in Official Public Records to� ,� MARY LOUISE NICHOLSON COUNTY CLERK Parcel # 01 1065' North of the NE corner of Everman Pkwy and 1-35W Intersection Lot 4-R, Block 5, Carter Industrial Park Addition STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT § CITY OF FORT WORTH SEWER FACILITY EASEMENT DATE: Jc� I�ul ��/2021 GRANTOR: IDIL South Fort Worth Commerce Center, LLC, a Delaware limited liability company GRANTOR'S MAILING ADDRESS (Including County): 1100 Peachtree Street, NE, Suite 1000 Atlanta, Georgia 30309 GRANTEE: CITY OF FORT WORTH 200 TEXAS STREET FORT WORTH, TARRANT COUNTY, TX 76102 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: Being more particularly described in the attached Exhibits "A" and "B". Grantor, for the consideration paid to Grantor and other good and valuable consideration, hereby grants, sells, and conveys to Grantee, its successors and assigns, an exclusive, perpetual easement for the construction, operation, maintenance, replacement, upgrade, and repair of a Permanent Sewer Line Facility, hereafter referred to as the "Facility". The Facility includes all incidental underground and aboveground attachments, equipment and appurtenances, including, but not limited to manholes, manhole vents, lateral line connections, pipelines, junction boxes in, upon, under and across a portion of the Property and more fully described in Exhibit "A" attached hereto and incorporated herein for all pertinent purposes, together with the right and privilege at any and all times to enter the Property, or any part thereof, for the purpose of constructing, operating, maintaining, replacing, upgrading, and repairing said Facility. In no event shall Grantor(1) use the Property in any manner which interferes in any material way or is inconsistent with the rights granted hereunder, or (11) erect or permit to be erected within the easement property a permanent structure or building, including, but not limited to, monument sign, pole sign, billboard, brick or masonry fences or walls or other structures that SEWER FACILITY EASEMENT Rev.1/9/1 B FORI'WORTH. D221080177 Page 2 of 6 require a building permit. However, Grantor shall be permitted to install and maintain a concrete, asphalt or gravel driveway, road or parking lot across the Easement Property. Grantee shall be obligated to restore the surface of the Property at Grantee's sole cost and expense, including the restoration of any sidewalks, driveways, or similar surface improvements located upon or adjacent to the Easement Tract which may have been removed, relocated, altered, damaged, or destroyed as a result of the Grantee's use of the easement granted hereunder. Provided, however, that Grantee shall not be obligated to restore or replace irrigation systems or other improvements installed in violation of the provisions and intended use of this Easement. TO HAVE AND TO HOLD the above-described easement, together with all and singular the rights and appurtenances thereto in anyway belonging unto Grantee, and Grantee's successors and assigns forever; and Grantor does hereby bind itself and its successor and assigns to warrant and forever defend all and singular the easement unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. When the context requires, singular nouns and pronouns include the plural. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] SEWER FACILITY EASEMENT Rev.1/9/18 FoR H. D221080177 Page 3 of 6 GRANTOR: IDIL South Fort Worth Commerce Center, LLC, a Delaware limited liability company By: - Name: Cvi�zcr,.-v Title: V in C"c.C>I-^ GRANTEE: City of Fort Worth By(Signature): (Print Name) Steve Cooke Title Property Management Director , APPROVED AS TO FORM AND LEGALITY (Signature) (Print Name) Matt Murray Title Assistant City Attorney Ordinance No. 24161-04-2020/ No M&C STATE OF� § COUNTY OFd�� § ACKNOWLEDGMENT BEFORE ME, the undersi ed author' Notary Not Public in and for the State of Texas, on this day personally appeared , known to me to be the same person whose name is subscribed to the o egoing instrumen , and acknowledged to me that the same was the act of IDIL South Fort Worth Commerce Center, LLC, a Delaware limited liability company, and that he/she executed the same as the act of said corporation for the purposes and.consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1 day of 2021. 101 � /* Lotc�/ • !� • v'"� Notary Public in and for the State of SEWER FACILITY EASEMENT � �02/ Z' � Rev.1/9/1 B ��N N n�no�,,` FOR_ TyW�ORTH, D221080177 Page 4 of 6 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 Steve Cooke I PMD 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. 24th GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of March , 2021 -'� 'tl� Digitally signed by Ricardo Salazar II Date:2021.03.24 16:04:22-05'00' i 1�9 RICARDO SALAZAR II Notary Public in and for the State of Texas Notary Public STATE OF TEXAS Notary I.D. 128185792 My Comm.Exp.Feb.25,2022 SEWER FACILITY EASEMENT Rev.1/9/1 B FORTW()RTH D221080177 Page 5 of 6 EXHIBIT A METES&BOUNDS DESCRIPTION SANITARY SEWER EASEMENT BEING a tract of land situated in the J Hudson Survey, Abstract No 741, City of Fort Worth, Tarrant County, Texas; said tract being also situated in a called 23 590 acre tract of land described in the Special Warranty Deed to IDIL South Fort Worth Commerce Center, LLC, recorded in Instrument No. D220206269, Official Public Records, Tarrant County, Texas, and being a part of Lot 5R1AR, Block 5, Carter Industrial Park, an addition to the City of Fort Worth, according to the plat recorded in Instrument No D218010076, said Official Public Records, and being part of Lot 4-R, Block 5, Carter Industrial Park, an addition to the City of Fort Worth, according to the plat recorded in Volume 388-134, Page 79, Plat Records,Tarrant County,Texas;said tract being more particularly described as follows: COMMENCING at the northeast corner of Lot 5R1D, Block 5, said Carter Industrial Park recorded in Instrument No. D218010076, from which a 1/2-inch iron rod stamped "Brittain&Crawford'found at the northwest corner of said Lot 5R1D bears North 89°39'60" West, a distance of 27619 feet, and from which a 1/2-inch iron rod found bears South 2°27'25"West,a distance of 0.22 feet; THENCE North 0°34'31"West, along the west line of the said called 23 590 acre tract of land, a distance of 23 59 feet to the POINT OF BEGINNING; THENCE North 0°34'31"West, continuing along the said west line, a distance of 106 42 feet to a 1/2-inch iron rod stamped'Brittain&Crawford"found for corner, THENCE North 0°28'24"West„continuing along the said west line,a distance of 157.85 feet to a point for corner; THENCE North 89°31'36"East,departing the said west line,a distance of 7.50 feet to a point for comer, THENCE South 0"30'30"East,a distance of 228.56 feet to a point for comer, THENCE South 12"58'00"East,a distance of 38.89 feet to a point for comer, THENCE South 0*2874"East,a distance of 21.57 feet to a point for comer, THENCE North 89"36'40"West,a distance of 15.00 feet to a point for corner; THENCE North 0°2824"West,a distance of 19.70 feet to a point for comer, THENCE North 12°58'00"West, a distance of 3 99 feet to the POINT OF BEGINNING and containing 0 0572 acres or 2,491 square feet of land, more or less NOTES Bearing system is based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone(4202) A survey plat of even survey date herewith accompanies this metes&bounds 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 SANITARY SEWER EASEMENT J. HUDSON SURVEY v- �✓ E OF r ABSTRACT NO. 741 JOSHUA D WARGO c, o`?s CITY OF FORT WORTH REGISTERED PROFESSIONAL *' TARRANT COUNTY, TEXAS LAND SURVEYOR NO. 6391 �•U � • •• A • JOSHUA D.WARGO 801 CHERRY STREET, Kimley* Horn UNIT 11 SUITE 1300 �;,o fi391 �FORT WORTH,TEXAS 76102 �!' �FESS1�a'O� a", "'Y u�,111 x,' Tel*I. 1n3ssssll PH 817-962-2193 'yp'" e`. Fort'N•i",Tn.,t 76102 RPMU 1019imo S U I v -..n: L.t.YNt G'i h, I,p.,:l.;. :h•,I IY josh.Wargo@kl mley-horn.cc m NIA DMD ,Dw 11/30/2020 1 061297302 IOF2 WARGO.JOSH 11/; -1:-:11!1;11N.11.1t:^:_•a iFVF•'iK.I,q;;i,o ,Irpr,.r"N,771;° 7.7771• EXHIBIT A I Page 1 of 1 Rev.1/9/1 B rOM'WORWOR-ill i D221080177 Page 6 of 6 EXHIBIT B I P.O.B. F. NORTH I J NO'34'31 1N ° 25SANITARY SEWER 23.59, GRAPHIC SCALE IN FEET EASEMENT P.O.C. _ I 0.0572 ACRES n 1/2"IRF BEARS L4 DETAIL A 2,491 SQ. FT. N sz•zTzS'E o.zz' 1"=20' M OWNER: W MEREKEN LAND&PRODUCTION o COMPANY M O INST NO D199179196 ap tgi Z N p LOT 4-R,BLOCK 5 LOT 4-R,BLOCK Z CARTER INDUSTRIAL PARK CARTER INDUSTRIAL PARK VOL. 388 134,PG 79 VOL.388-134,PG.79 1/2"IRFC "BRITTAIN&CRAWFORD" W Q co `O\ ��° LINE TABLE G°��� NO BEARING LENGTH (n .- L1 N69'31'36E 7.50' ,y LOT 5R1AR,BLOCK 5 �'� LOT 5R1AR,BLOCK 5 LL CARTER INDUSTRIAL PARK CARTER INDUSTRIAL PARK L2 S12-58-00-E 38 89' U-1 INST NO D21 801 007 6 p INST NO D218010076 F— Z L3 S00'2824"E 21 57' z ( P.O.B.O N SEE DETAIL A L4 N89'36'40"W 15 00' OWNER: LS N00'28'24 W 19.70' FX3 INVESTMENTS,LLC INST NO D220213107 I L6 N12'58'00'W 3 99' NO'34'31"W J 276 19'_ _ '3 59' 1/2"IRFC N89'39'50-W LEGEND "BRITTAIN&CRAVVFORD" L4 P•O.iVr POC =POINT OF COMMENCING P.O.B =POINT OF BEGINNING LOT 5R1D,BLOCK 5 1/2"IRF BEARS I IRFC=IRON ROD W/CAP FOUND CARTER INDUSTRIAL PARK S2.2725"E 022' IRF=IRON ROD FOUND NOTES INST.NO D218010076 Bearing system is based on the Texas Coordinate System of 1983(2011 adjustment),North Central Zone(4202).A metes&bounds description of even survey date herewith accompanies this survey plat The undersigned,Registered Professional Land Surveyor,hereby certifies that the plat of survey accurately sets out the metes and bounds of the easement tract. SANITARY SEWER EASEMENT p� / J. HUDSON SURVEY �/ t-✓cr OF T ABSTRACT NO. 741 /JOSHUA D WARGO / CO.."P�� O cP *'; •• CITY OF FORT WORTH REGISTERED PROFESSIONAL '• •• TARRANT COUNTY, TEXAS .*%-." ...................... LAND SURVEYOR NO 6391 JOSHUA D.WARGO 801 CHERRY STREET, Kimley* Horn UNIT 11 SUITE 1300 '•FORT WORTH,TEXAS 76102 � '�� \ O 801GlenyS[ree1,Unn11,n I7f 0 Tel No(81T 335-6511 PH. 817-962-2193 y p �A Fort W«m,Texas 76102 911-M u 10194040 www Wmley-h Yn corn S R V Stile I Dravm by I Che[katl rrolea No .S. hae[L josh.wargo@kimley-horn co m 1"=501 DMD J]W t3012020 061297302 20F2 WARGO l W,".'0)n p1 ill:.),,n,r TVd:lbiy('-.'•irc•I:'R^'1?`.1FF'FP:FN.•.'irr •.4I T.1-•Va:vf,:-1:•Sn3.Arr«iITr 1 1Nh._>`F n--W. EXHIBIT B I Page 1 of 1 Rev.1/9/18 FOR•1 WORTH EXHIBIT C Depiction and description of the Encroachment Tier 11 Easement Encroachment Agreement Page 12 of 13 Revised 11/2020 Exhibit C � I SANITARY SEWER ESMT. I I PROPOSED 8" D221080177 — PUBLIC SANITARY SFACC O.P.R.T.C.T. � SEWER(BY OTHERS) ENCROACHMENT OVERVHW PORTION OF LOT 5RIAR,BLOCK I 8"PRIVATE OF LOTS 5RIAR,5R1C&5R1D, I FIRE LINE N BLOCKS I I 8"PRIVATE CARTER INDUSTRIAL PARK WE D218010076, O.P.R.T.C.T o- SEWER SANITARY 1 o- 8 24"PRIVATE GRAPHIC SCALE 1"=100' R.C.P. 0 100 200 300 EX.8"S.S. (X-24889) CD LOTSRID,BLOCKS I I ENCROACHMENT No. 1 OF LOTS 5R7AR,5R7C& c� SR ID,BLOCK 5 oN CARTER INDUSTRIAL PARK \ PRIVATE DRAINAGE EASEMENT PRIVATE CONCRETE FLUME I ENCROACHMENT No. 3 rn I 1 V SANITARY SEWER EASEMf NT D218010076,O.P.R.T.C.T.I 3 I > I PRIVATE ENCROACHMENT No. 4 CONCRETE FLUME c: a�i � - t U 8"PRIVA w TE SANITARY I - I o I T I M w LEGEND LLJ N W WATER LINE / 8"PRIVATE FIRE LINE I c S SEWER LINE 8"PUBLIC SANITARY SEWER E S EX.SEWER LINE (IPRC20-0141) U o SANITARY EX. 10.75"GAS LINE SEWER M.H. j — — — — SEWER EASEMENT ENCROACHMENT No. 2 STORM DRAIN INLET/ I LOT 1R2, BLOCK STORM DRAIN I I I OFLOTS 1R1AND IR2, 0 15' UTILITY EASEMENT BLOCK VOL.388-134,PG.79 CARTER INDUSTRIAL PARK v P.R.T.C.T. D214278875, 0.P.R.T.C.T. ['BEI. ��t u. ENERGY TRANSFER FUEL,L.P. 20'PERMANENT R.O.W.EASEMENT VOL.9244,PG. 1942,D.R.T.C.T. GOODWIN? VOL. 16739, PG. 120,D.R.T.C.T. ARSHA LlL° D204394373,O.P.R.T.C.T. CIVIL ENGINEERS—PLANNERS—SURVEYORS 1 O'SANITARY SEWER ESMT. V 2405 M-819ID8'i e,G 40T0 e,Texas 76051 D221 172847 O.P.R.T.C.T. 15'SANITARY SEWER EASEMENT 04 o D21 1255234,O.P.R.T.C.T. 3 i�i SFWCC 7ENCROACH[1v NT NO. 1 s 3+M N GRAPHIC SCALE 1"=40' I I 0 40 80 120 I 15 SANITARY SEWER i EASEMENT PTUET,ARET)-BY, 0 I D218010076,O.P.R.T.C.T. j EX.8"S.S. (X-24889) GO0D MI W I PRIVATE DRAINAGE Mrs RSlFf,�l[L I EASEMENT CIVIL ENGINEERS—PLANNERS—SURVEYORS I PRIVATE 24' 2405 Mustang Drive,Grapevine,Texaa 78051 (817)329.4373 _ I o SANITARY SEWER ESMT. LEGEND — D22108017 W FIRE LINE O.P.R.T.C.T. N ti PROPOSED 8" 04 S SEWER LINE Q �� 1 PUBLIC SANITARY SANITARY SEWER M.H. -(S `O \ I SEWER(BY OTHERS) c — — — — — — — 15'SEWER EASEMENT STORM DRAIN INLET/ t STORM DRAIN rn ENCROACHMENT 3 BOUNDARY v 0 PROFILE SCALE 0 Horizontal Scale: 1"=40' I`0 Vertical Scale: 1"= 4' N 00 - I- � EXISTING GROUND @ I I_ w co 715 CENTERLINE OF PIPE 715 Ld I PROPOSED GROUND @ CENTERLINE OF PIPE O I- O w 2A 1 „R•C P I- 7 0 I I 71 0 N I� 8"W.L. (i Y OTHERS) I_ 705 NOTE: 705 a� PROTECT SEWER LINE AT ALL TIMES DURING j w o U I I> Z o O v CONSTRUCTIO � CO COUS US I_ ZQc'I � ZQnCj � w � OI I� w � O 00 04 700 I I - 700 SFWCC ENCROACHMENT NO. 2 N W E S GRAPHIC SCALE 1"=40' 0 40 80 120 8"PUBLIC SANITARY SEWER' (IPRC20-0141) PT',TT'ARYD-BY: I W 8"PRIVATE FIRE LINE ? GO'ODWI I 6"PRIVATE FIRE LINE Mrs RS1F A L1L= CIVIL ENGINEERS—PLANNERS—SURVEYORS 2405 Mustang Drive,Grapevine,Texaa 78051 (817)329.4373 W 4, 15 SANITARY SEWER � 00 EASEMENT ` co LEGEND D211255234, ;! O.P.R.T.C.T. N W FIRE LINE 10'SANITARY SEWER ESMT 0 N S SEWER LINE D221172847 SANITARY SEWER M.H. O.P.R.T.C.T. c — — — — — — — 15'SEWER EASEMENT STORM DRAIN INLET/ t STORM DRAIN rn ENCROACHMENT 3 BOUNDARY v N O PROFILE SCALE Horizontal Scale: 1"=40' I- ,� Vertical Scale: 1"= 4' 0 10'SANITARY j SEWER ESMT. EXISTING 15' Cf) D221172847 I I I SANITARYSEWER I- w 715 O.P.R.T.C.T. I EASEMENT 71 5 PROPOSED GROUND @ a CENTERLINE OF PIPE E U EXISTING GROUND @ U I— i 710 CENTERLINE OF PIPE I 710 N 0 6"PRIVATE FIRE LINE I - I 705 INSTALL CSS BACKFILL I _ 705 PER COFW SPEC ITEM _ c°� 3305 10 NOTE: I �"S.S. CONTRACTOR TO N PROTECT SEWER LINE 00 0 AT ALL TIMES RING 700 CONSTRUCTION I I I 700 Li_i I I - I I LOT5RID,BLOCKS OF LOTS5RIAR,5R7C& 5R7D,BLOCK5 CARTER W 3H.5T&4AL-,-_ARK D278070076, O.P.R.T.C.T,, I I PRIVATE DRAINAGE PRIVATE CONCRETE FLUME I I EASEMENT \ I I 30"PRIVATE R.C.P. ENCROACHMENTINo. 3 8"PRIVATE PRIVATI#CURB INLEV I FIRE LINE EX.8"S�S. (X-24889 o I 18"PRIVATE R.C.P. cn I I PROPOSED BUILDING 1 0 15'SANITARY SEWER EASEMENT N I 180,556 S.F. D218010076,O.P.R.T.C.T. I I FF = 716.50 LOT5RIC,BLOC1 5 OF LOTS 5RIAR,5RIC&ISRID, I I I 36"PRIVATE R.C.P. Li BLOCK 5 CARTER INDUSTRIAL I PARK 3 D278070076,M O.P.RfC.T I � 1 PRIVATE CONCRETE�LUME ENCROACH E0 No. 4 rM c PRIVATE CURB INLET I 18"PRIVATE R.C.P. N I I 42"PRIVATE R.C.P. 0 O U) ,L; N LEGEND j w E W FIRE LINE S S SEWER LINE GRAPHIC SCALE 1"=40' SANITARY SEWER M.H. U o — — — — — — — 15 SEWER EASEMENT c 0 40 80 120 STORM DRAIN INLET/ Lii / STORM DRAIN c ENCROACHMENT BOUNDARY 2' 0 III-111= — — I-111I PREPARED Fv. o I I�I I I—III—I I 6 I I I�I I�I I G OODWIN �� I I=1 I I—III—III I�I I I=1 11= IIMIIMI1=1I 4 11--I 11� MARSHALL -p =1 111111 1 1 1111 1111— _ _ _ I 1 111 I 1=11 CIVIL ENGINEERS—PLANNERS—SURVEYORS —I -III-III I I-III-III-III U05 Mustang Drive,Grapevine,Texas 76051 -III-III-I -III-III-I -I I�I L (817)329-4 73 —1I1-1I�11 1I1-1�1-1I1-1I1�11 —III—III I I I—III—III—I S T V CC 4"-3,000 PSI CONCRETE WITH#3 BARS @ 18"C-C ]ENCROACHMENT N CONCAETEFLUMEDETA/L o_ N.T.S. NO. 3 & NOs4 / Lij EXHIBIT D Certificate of Insurance Tier 11 Easement Encroachment Agreement Page U of 13 Revised 11/2020