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HomeMy WebLinkAboutContract 56295 Date Received: —Sep 13,2021 Permit Number: PN21-00131 Time Received: 4:00 PM Contract Number: 56295 PUBLIC PROPERTY RIGHT-O&WAY ENCROACHMENT LICENSE AGREEMENT TIER ff 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 dwough its duly authorized City Manager, Assistant City Manager, or, Director of the Development Services, Department, and Trinity Basin Preparatory, Inc., a(n) Domestic Nonprofit Corporation CLicensee"), acting by and through its duly Authorized CEO/Superintendent RECITALS WHEREAS, Licensee is the owner of the real property located at 3940 May St., Fort Worth, Texas 76110 ("Property"), being more particularly described in the attached Exhibit"A" which is incorporated herein for all purposes; and WHEREAS, the City owns a storm inlet (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-2 I- I 11]; and WHEREAS,, Licensee desires to constructz 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 I. 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 storm drain connecting to existing storm inlet (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment.within the Public Property. Licensee shall Tier 11 ROW Encroachment Agreement OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX 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 the Water Department, the Director of the Development Services Department or their Tier II ROW Encroachment Agreement Page 2 of 13 Revised I1/2020 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 Seven Hundred Dollars ($700.00). Additionally, Licensee agrees to pay a fee in the amount of$2.00 per square/linear foot of the encroachment area upon execution of this Agreement and annually thereafter. 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. Tier 11 ROW 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 HIND 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 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 ROW 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 II ROW 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 II ROW Encroachment Agreement Page 6 of 13 Revised 11/2020 City: Licensee: CITY OF FORT WORTH TRINITY BASIN PREPARATOY, INC By:DJ Harrell(Sep 10,202111:50 CDT) By: D.J. Harrell, Director of the Randy Shaffer Development Services Department CEO/Superintendent Date: Sep 10,2021 Date: e8 40 61't ICY add�, P p�0 °O��Y ATTEST: �vo o=A Approved As To Form and Legality >�°0 0 is 0000b454pa Ronald P. Gonzales T. Royce Hansen Acting City Secretary 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 Scarlett Morales Development Services Tier II ROW Encroachment 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 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 10th_day of September , 20 21 <PaYP�s JENNIFER L. EZERNACK Jennifer L. Digitally signed by Jennifer L. = G� Notary Public Ezernack * * STATE OF TEXAS Ezernack Date:2021.09.10 13:22:15-05'00' y Notary I.D. 130561630 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 OFFITier II ROW Encroachment Agreem CITY SECRETARY Agreement CITY CITY FT.WORTH,TX STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of 11t/W 5 , on this day personally appeared Randy Shaffer, CEO/Superintendent 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 Trinity Basin Preparatory, Inc., a domestic nonprofit corporation (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this �J� day of 20 THERESE A. DEAN tir e, Notary Public in and for the _2°''' Notary Public,State of Texas N� �; Comm. Expires 12-06 2021 State Of �i,,,,,,,,� Notary ID 13137 11 — Tier II ROW Encroachment Agreement Page 9 of 13 Revised 11/2020 EXHIBIT A Description of the Licensee's Property Tier II ROW Encroachment Agreement Page 10 of 13 Revised 11/2020 - r . - � � - , m , 2 2 . qo § � z \ . / - • �, - . - --. -- 2 — _ - ��}� • - �� - � ED . � �CLf 1Lj _ Drew S EXHIBIT "A" LEGAL DESCRIPTION RIGHT-OF-WAY ENCROACHMENT BEING 17 square feet of land situated in the JAMES F. ELLIS SURVEY, Abstract No. 490, Fort Worth, Tarrant County, Texas, and being a portion of MAY STREET (a 50 foot wide public right-of-way). Said 17 square feet of land being more particularly described by metes and bounds as follows: BEGINNING at a point lying N 00' 35" 46" W 271.14 feet, from a railroad spike found at the intersection of the West right-of-way line of said May Street, and the North right- of-way line of West Bolt Street (a 62 feet wide public right-of-way), and said Point of Beginning also lying in the East boundary line of 5.56 acre tract of land, designated as Tract 2, in deed to TRINITY BASIN PREPARATORY, INC., recorded in County Clerk's file No. D220173173, of the Deed Records of Tarrant County, Texas, THENCE N 000 35' 46" W 2.00 feet, along the West right-of-way line of said May Street, and the East boundary line of aforesaid tract 2, to a point, THENCE severing said May Street, as follows: 1. N 890 24' 14" E 8.51 feet, to a point, 2. S 000 35 46" E 2.00 feet, to a point, 3. S 890 24' 14" W 8.51 feet, to the POINT OF BEGINNING containing 17 square feet of land. ............................. KRYSTIAN GOLEBIRRI .....................%. 6400aP Fsu���yQ� A/ (.,y AU eT12, 2021 W2021TASEMENTSMinity Basin Prep Addition,Lot I,Blk I -ENCROACHMENT-17 SQ FT.doc Course Bearing Distance L1 N 00035 ' 46 " W 2 . 00 ' a L2 N 89024 ' 1411 E 8 . 511 �" O L3 S 00035 ' 46 " E 2 . 00 ' lv p AM o y i L4 S 89 24 14 W 8 . 51 G � 25' CDTRINITY BASIN PREPARATORY ,1, �. °i i INC., TR. 1, LOT 20-R Q 00 1 A CC# 1)220173173 D.R.T.C.T. ' S 0 — --ROW RIGHT-OF-WAY ENCROACHMENT I 11 ------------v------------- 1.7 SQ. FEET L2 i r \ "' ,— W MASON STREET c/1- — L4 11 FL=667.58 47.5' RIGHT-OF-WAY POINT OF I o ..�° - ----------- ------------ EGINNING I E -- w O GRID COORD.: to > i ESTRADA LUZ E N: (o 9357(o 8.91 4 i 70 cc4 02102(o4081 E: 2-32-8 909.77 ' 70 Ir i I I ( /1 PROPOSEDCo O V J P � STER°° + Fa °� LOT I., BLOCK 1 I >v � � ° ° TRINITY BASIN N i � � I KRYSTIAN GOLEBIEWSKI � i I i o 6400�° 0.PREPARATORY .FSS\ " E \jADDITION up ,- RAILROAD SPIKE FND. 1 I -mot o W 13OLT ST. I ; AU T 12 2021 —RMT- - A x ENCROACHMENT IBRITTAIN & CRAWFORD 17 SQUARE FEET OF LAND LAND SURVEYING & LOCATED WITHIN & N TOPOGRAPHIC MAPPING( MAY STREET FIRM CERTIFICATION ) 926-9 IN JAMES F. ELLIS SURVEY, TEL 817 926-0211 — FAX 817 926-9347 P.O. BOX 11374 , 3908 SOUTH FREEWAY ABSTRACT No+490 FORT WORTH, TEXAS 76,1oco CITY OF FORT WORTH, TARRANT EMAIL: odmin@brittoin—crowiord. m WEBSITE: www.brittoin—crow(ord.com COUNTY, TEXAS ISCALE 1"=20' O (K,G.) G:\KRYSTIAN\PROJECTS\TEXAS STEEL CO PLAN\TEXAS STEEL CO PLANT-ROW ENCRO-01 ,dwg EXHIBIT B Depiction of the Public Property Tier I1 ROW Encroachment Agreement Page I I of 13 Revised 11/2020 Exhibit B " a"'" REPEAT PURPOSE STATEMENT: OWNER: SURVEYOR: a THE PURPOSE OF THIS REPEAT IS TO CREATE A TRINITY BASIN PREPARATORY __O__ BRITTAIN&CRAWFORD / 2730 NORTH HIGHWAY 360 __ IInII^ uxD s Ey1Nc aa" SINGLE PLATTED LOT FOR DEVELOPMENT. GRAND PRAIRIE,TX �- T Toeoce-sex"c"LSPw"c -S _ Y 75050,ONITED STATES eax ce71," o"q r il^*?i�l i Phone: i214)948-9100 , II oa'0, - - a c� Fex. (214)948-9194 I. I - pl. Ilia'.,� Lori° I I.m v" Lorv. unv 4• l a l i ' i i i i �L�EANTL COMPANY O W FOGG STREET . I I VOLC.,PG. RP T.C.T. 95 P..T 451 RIGHT-OF-WAY 3 TRACT 3 MO EN CT 3INC. CO CC*D207 I 2 n0 -lil i D.R.TC.T.C.T. fill d' "VICINITY MAP x O; I �ory Lora �, Lor« I Lo • I BLACK$ J._SMITH ADDITION GRID COORD.: 1 II 1 I N:6936191.44i O__ O--O- 1/2"IRON I' E:2328905.3] T- _ ROD FOUND 1/2"1"ROD (C.M.) FND."JRI" N S9°13'22"E 363.24' / I �yy I, I ` 44.T8' U OA 'I In o > 22S(RADIU57 IU*� Lor yr 'I lorve orv> nj oo �x R>> SETBACK TO .1YYY 'O pYFI b�_J PUBLIC BUILDINGS O AND PROTECTED USES O i .DEL CO -- /2"IRF TEXAS STEEL SITE COMPANY PLANT SITE - Z VOL 388-39,PG.IS r W DREW STREET- o P.RtGT rr.. RIGHT-OF-WAY VARIES —C/L- p /2"IR U' 1/2"IRF N OD F D. D FND. a � -- -O 1/2"IRF—__— I O I I I wry I BLOCKS IN J.S.SMITH AD DITIO O O° wT zo_R•9tACK c OL 204-A,i''4 11 o J.S.SMRH ADDInON RR'TO_ Q VI L CeB SL. sa S7X'IR a9.B'-AL°L " y O O TRINITY BASIN PREPARATORY,INC. -H TR 2,5.56 ACRES OF LAND �I < ull V," ON ROD CC#D2201]31]3 'ntlNrrY BASIN PREPARATORY.INC. G MARKED"BRITTAIN& D.RT.C.T. IN H TR 1•'-oT�-R l CRAWFORD'SET Ul O� xp 171 a �AID P.RT.C.T1' Z LOT 1,BLOCK I. n C ��I. I1 F w TRINITY BASIN mI 0.643 ACRES OF LAND " C g N PREPARATORY ADDITION o I 23 A25 SQ.FEET ro Z $ N 5.568 ACRES OF LAND f lmI1'� I,I 51 242,531 SQ.FEET -o{"I 1/ IRON O "1 ON ROD gs 9 ' F O iRF Z MARK; HRITTAIN& 0 1 2"IR N CRA FORD"SET - R D END.a I1 g d Z 2 ' /L W MASON STREET _ � l� 0 tn_ RIGHT-OF-WAY VARIES �- / / / T Y,„IRON ROD MARKED OR 5ET& 11 / / £ CRAWFORD"D"SET O Dc w I BLOCK 1� / / reXAS al t o \C) STEEL Co � " v 0' S.SMITH APPM CCx Du awt9s a O Ol (`\y t(OL 204-A,1"1 P.RTC. eARNer'r 41„IeRIN4 IP. " I I po PeR*:cre I g � `C CC ��Gl!11h, mom G vi"IRON ROD MARKED"HRITfAIN& CRAWFORD"SET Y�1 Z B,6 ___________________ N:6935493.69 10'XSO' T OA a 3 So'PIPELINE;ASEMENT RIGHT-OF-WA. W BURNETT 4ATHERIN4,LP I lore° I for sa Lor se Pvruxe e.seue ° orizmese .—TIT POINT OFDEDICATION N'Q 0 CC#D.R.T.C.T.854 THIS PLAT,SOHS.F. L — — — — —L--— J -P Fla EGI---- ------- ---------- v-0- I' s 14 ib 9^W 49.3 a 312.94' / XFND j RAILROAD W S 89°1$'3 g"W P/�LT�322.94' RAILROAD SPIKE FND. W SOLT S 1RE_ET SPIKE FND. (C.M.) A -—- - LZ RIGHT-OF-WAY P/L--__—__—_ ALA,BLOCK 2- FORT WORTH TOWN c°"' CENTER ADDN. 1 I9� VOL.358-21T,PG.7 r ff 1 P._T.C.T. 'o\jOp-P 'A �O 0 THIS Is to certify th't I,KRYSTIAN GOLEBIEWSKI,a Registered Professional Land Surveyor for the State of Texas,have performed,for �RT YY�RTII z thls plat,an actual survey on the ground,and that this plat wheClly \ p represents that survey made by me or under my fradion or aupen,ision. I PAGE 1 OF 2: PREPARED 08 13 21 CITY PLAN COMMISSION FINAL PLAT OF Sf. � (W.-°`•' CITY OF FORT WORTH,TEXAS TIAN G LEBIE KI p,,o�4"0%� THIS PLOT IS VALID ONLY IF RECORDED WITHIN LOT 1, BLOCK 1 Reglalered Professional RRY3f1ANGULEBiE115HI I NINETY(90)DAYS AFTER DATE OF APPROVAL. TRINITY BASIN Land Surveyor e400 PLAT APPROVAL DATE: O State ofTexaa No,8400'� '�P PREPARATORY ADDITION BEING A REPEAT OF A FORTION OF PAGE 2 WITH LEGAL DESCRIPTION,DEDICATION I 2., T-Bi y�L?i TRACT "B", TEXAS STEEL AND NOTES IS TO ACCOMPANY THIS PLAT '�1 —qy •- •-a^ -- Eraty-- COMPANY,oY gPLA T SITE SCALE 1"= 40' CITY ANT 40 0 Bo' 120' cRAxx c scA� - T40 THIS PL T FILED,IN Co.C1�ERK DATE Ia.�.I­\Pao,E­:* II\—aR _ — — REPEAT PURPOSE STATEMENT: BRITTAIN&CRAWFORD THE PURPOSE OF THIS REPEAT IS TO CREATE A oeoc avxmeYane m SINGLE PLATTED LOT FOR DEVELOPMENT. ,me ro =OWNER: TRINITY BASIN PREPARATORY 2730 NORTH HIGHWAY 360 GRAND PRAIRIE, TX P,R.V.NOTE: 75050, UNITED STATES PRIVATE P.R.Y.'8 WILL BE REQUIRED;WATER Phone: (214) 946-9100 PRESSURE E%CEEDS BO P.S.I. Fax: (214) 946-9194 WATER WASTEWATER IMPACT FEES THE CITY OF FORT WORTH HAS AN ORDINANCE IMPLEMENTING THE ASSESSMENT AND COLLECTION OF WATER AND WASTEWATER IMPACT FEES.THE TOTAL AMOUNT ASSESSED IS ESTABLISHED ON THE FILING DATE OF THIS PLAT APPLICATION, BASED UPON SCHEDULE 1 OF THE STATE OF TEXAS IMPACT FEE ORDINANCE IN EFFECT AS OF THE DATE OF THE PLAT.THE AMOUNT TO BE COUNTY OF TARRANT COLLECTED IS DETERMINED UNDER SCHEDULE lI OF SAID ORDINANCE,AND BECOMES EFFECTIVE WHEREAS,TRINITY BASIN PREPARATORY,INC.,acting by and through the undersigned their duly ON THE DATE A BUILDING PERMIT IS ISSUED, OR authonzed agent,is the sole owner of the I.S.acre Irect of land situated in the JAMES P ELLIS ON THE CONNECTION DATE TO THE MUNICIPAL SURVEY,Abstad No.490,Fort Worth,T,ment County,Texas,according W the deed recorded in WATER AND/OR WASTEWATER SYSTEM. County Clerk's File No.D220173173,of the Official Public Records of Tarrant County,Texas.Sold 5.569 acres of land being more particularly desc bed as follows'. OIL OR GAS WELL PROXIMITY TO BUILDINGS LEGAL DESCRIPTION BUILDING(S), NOT ESSENTIAL OR NECESSARY TO THE OPERATION OF AN OIL OR GAS WELL WITHIN THIS BEING 5.569 acres of land situated in the JAMES F.ELLIS SURVEY,Abstract No.490,Fort Worth, SUBDIVISION, SHALL NOT BE CONSTRUCTED WITHIN 20OFT. Tarrant County,Texas,and being the same tract of land identified as Units No.2,in the deed to Trinity (OR OTHER DISTANCE GRANTED BY CITY COUNCIL VARIANCE) Baein Preparatory,Inc.,recorded m County Clerk's File No.D220173173,of the Official Public Records FROM ANY EXISTING OIL OR GAS WELL BORE HOLE.THE of Tarant County,Texas,and being a Ionian of Tract B,Tezas Steel Company Plat Site,an addition to MEASURED DISTANCE SHALL BE IN A STRAIGHT LINE FROM me City of Fort Worth,Tenant C,unty.Texas.according to the plat recorded in Volume 388.39,Page 95, THE WELL BORE TO THE CLOSEST EXTERIOR POINT OF SUCH of the Plat Records of Tanant County,Texas.Said 5.559 acres of land being more parficulerly described BUILDING(S), WITHOUT REGARDS TO INTERVENING by metes and bounds as follows: STRUCTURES. BEGINNING a,a railroad spike found et the Southwest comer of saitl Trinity Basin Preparatory,Inc. LOTS AND NON-ESSENTIAL BUILDINGS WITHIN THIS Tract,and said point lying at the intersection of the North rightof-way line of W.Bolt Street(a 62 foot SUBDIVISION MAY BE ADVERSELY IMPACTED BY wide public rightof-way)with the East right-of-way,line of a Union Pacific Railroad rightof-way(a 100 OPERATIONS ASSOCIATED WITH DRILLING, PRODUCTION, foot Woe rightof-way)', MAINTENANCE, RE-WORKING, TESTING, OR FRACTURE STIMULATION OF A WELL. THENCE along the West boundary line of said Trinity Basin Preparatory,Inc.Tract and the East nghtof-way line of said Union Pacific Railroad,as follows: TRANSPORTATION IMPACT FEES NOTE, 1.N 06-43'40'W 95.27 feet,toa h"Iron rod merlmd'Brittam&Graword-set; THE CITY OF FORT WORTH HAS AN ORDINANCE 2.N 05'50'34'W 100.00 feet,to a IN iron hod marked'Bnttain&CrewfoN'set: IMPLEMENTING THE ASSESSMENT AND COLLECTION OF TRANSPORTATION IMPACT FEES. THE TOTAL AMOUNT 3.N 05-04'01'W 100.00 feet to a%"Iron rod marked'BrUaln&Crawford'sek ASSESSED IS ESTABLISHED ON THE APPROVAL DATE OF THIS PLAT APPLICATION, BASED UPON SCHEDULE 4.N 03-59'26'W 100.00 feet to a 19'iron rod marked'Bdttain&Cmwf md'set; 1 OF THE IMPACT FEE ORDINANCE IN EFFECT AS OF THE DATE OF THE PLAT. THE AMOUNT TO BE 5.N 03'03'O1'W 100.00 feet,to a'h'iron rod found; COLLECTED IS DETERMINED UNDER SCHEDULE 2 OF SAID ORDINANCE, AND IS DUE ON THE DATE A 6.N 02'07'18'W 99.52 feet to a h'iron rotl found; BUILDING PERMIT IS ISSUED. 7,N 00-47'07'W 99.86 feel,to a%'iron rod found at the Northwest corner of said Trinity Basin Preparatory,Inc.Tract and the Southwest corner of a tract of land identified as Tract No.3,in the COVENANTS OR RESTRICTIONS ARE UN-ALTERED deed to XTO Energy,Inc.,recorded in County Clerk's File No.D207315420,of the Deed Records of Tanant County,Tezas; THIS REPLAT DOES NOT VACATE THE PREVIOUS "PLAT OF RECORD" GOVERNING THE REMAINDER THENCE N 80-13'22'E 363.24 feet severing the aforesaid Trod B,and running along the North OF THE SUBDIVISION, NOR DOES IT AMEND OR boundary line of said Trinity Basin Preparatory,Inc.Tract and the South boundary line of saitl XTO REMOVE ANY DEED COVENANTS OR RESTRICTIONS. Energy,Inc.Thad,to a W iron rod marked'JRH'found a,me Northeast corner of said Trinity Basin Preparatory,Inc.Tract and the Southeast comer of saitl XTO Energy,Inc.Tract,and saitl point lying in SIDEWALKS the West nghtof-way line of May Street(a 50 foot wide public right-of-way); SIDEWALKS ARE REQUIRED ADJACENT TO BOTH THENCE S 00'35'46'E 693 70 feet,to a railroad spike found et me Southeast corner of said SIDES OF ALL PUBLIC AND PRIVATE STREETS, IN Trinity Basin Preparatory,Inc.Tract antl said paint lying at the intersection of the West rightof-way line of said May Street and the North right-of-way line,f the aforesaid W.Bolt Street, CONFORMANCE WITH THE SIDEWALK POLICY PER "CITY DEVELOPMENT DESIGN STANDARDS". THENCE S 89'18'38'W 322.94 feet,along the South boundary line of said Trinity Basin Preparetory,Inc.Tract and me North right-,f-way line of said W.Soft Street,to the POINT OF CONSTRUCTION PROHIBITED OVER EASEMENTS BEGINNING containing 5.569acres(242,581 sq,,,fwt),fl,,d. NO PERMANENT BUILDINGS OR STRUCTURES SHALL NOW,THEREFORE,KNOW ALL MEN BY THESE PRESENTS: BE CONSTRUCTED OVER ANY EXISTING OR PLATTED WATER, SANITARY SEWER, DRAINAGE, GAS, That TRINITY BASIN PREPARATORY,INC.,does hereby dosignate me foregoing property as LOT 1, ELECTRIC, CABLE OR BLOCK 1,TRINITY BASIN PREPARATORY ADDITION,to the City of Fort Worth,Tarrant County, OTHER UTILITY EASEMENT OF ANY TYPE. Texas,and does hereby dedicate to the Public's use,the right-of-way's and easements shown hereon. SITE DRAINAGE STUDY WITNESS MY HAND I Fort Worth,Tanned County,Texas,this the l3y'day of A SITE DRAINAGE STUDY, SHOWING CONFORMANCE WITH /a..a,f' 2021. THE APPROVED ROADWAY DRAINAGE PLAN, MAY BE REQUIRED BEFORE ANY BUILDING PERMIT WILL BE ISSUED TRINITY BASIN PREPARATORY,INC. ON THIS SITE(A GRADING PLAN IN SOME INSTANCES MAY BE ADEQUATE,)IF THE SITE DOES NOT CONFORM, (7 R THEN A DRAINAGE STUDY MAY BE REQUIRED ALONG WITH �S A CFA FOR ANY REQUIRED DRAINAGE IMPROVEMENTS Et_NDAL C.SHAF , AND THE CURRENT OWNER SHALL SUBMIT A LETTER TO THE CEO/SUPERINTENDENT DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS STATING AWARENESS THAT A SITE DRAINAGE STUDY WILL STATE OFTEXAS BE REQUIRED BEFORE ANY PERMIT IS ISSUED.THE COUNTY OF TARRANT CURRENT OWNER WILL INFORM EACH BUYER OF THE SAME. BEFORE ME,the undersigned authority,a notary public in and for said County and State,on this day personally appeared Honda l C.Shaffer ,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledge to me that s/he executed the same for the purpose and UTILITY EASEMENTS consideration therein expressed. .x11 � ANY PUBLIC UTILITY, INCLUDING THE CITY OF FORT WORTH, Given under my hand and seal of office this �3 day of ' .2021. SHALL HAVE THE RIGHT TO MOVE AND KEEP MOVED ALL U OR PART OF ANY BUILDING, FENCE, TREE, SHRUB, OTHER GROWTH OR IMPROVEMENT WHICH IN ANY WAY ENDANGERS OR INTERFERES WITH THE CONSTRUCTION, I JYWLC9C LC Cd�✓ MAINTENANCE, OR EFFICIENCY OF ITS RESPECTIVE Notary Public in and for the State of Texas ;, SYSTEMS ON ANY OF THE EASEMENTS SHOWN ON THE PLAT;AND THEY SHALL HAVE THE RIGHT AT ALL TIMES TO INGRESS AND EGRESS UPON SAID EASEMENTS FOR THE STATE OF TEXAS PURPOSE OF CONSTRUCTION, RECONSTRUCTION, COUNTY OF TARRANT INSPECTION, PATROLLING, MAINTAINING, AND ADDING TO THIS is to certify that I,KRYSTIAN GOLEBIEWSKI,a Registered!Professional Land Surveyor for the OR REMOVING ALL OR PART OF ITS RESPECTIVE SYSTEMS State of Texas,have performed,mrthis plat,an actual survey on the ground,and that this pt.,,,,dly WITHOUT THE NECESSITY AT ANY TIME OF PROCURING THE d PERMISSION OF ANYONE. represen to that surm ymad a by me or under my direction or su pervision. BUILDING PERMITS NO BUILDING PERMITS SHALL BEIL ISSUED FOR ANY KlZ Tred GO..mat KI xxvsnna catserensk LOT IN THIS SUBDIVISION UNTIL AN APPROPRIATE Registered Professional CFA OR OTHER ACCEPTABLE PROVISIONS ARE Land Surveyor MADE FOR THE CONSTRUCTION OF ANY APPLICABLE State of Texas No.6400 WATER, SEWER, STORM DRAIN, STREET LIGHTS, SIDEWALKS, OR PAVING IMPROVEMENTS;AND APPROVAL IS FIRST OBTAINED FROM THE CITY OF FORT WORTH. BEARING BASE: THE BEARING WN HEREON ARE STATE PLANE GRID BEARINGS (NAG 13) FOR THE PAGE 2 OF 2: PREPARED OS 13 21 TEXAS NORTH CENTRAL ZONE (4202) ESTABLISHED USING THE GLOBAL a'�a FINAL PLAT OF POSITIONING SYSTEM SATELLITES, AND LOT 1, BLOCK 1 LOCAL CONTINUOUSLY OPERATING REFERENCE nAa STATIONS. TRINITY BASIN FLOOD NOTE: PREPARATORY ADDITION NO PORTION OF THIS PROPERTY LIES WITHIN A BEING A REPLAT OF A PORTION OF 100-YEAR FLOOD HAZARD ZONE, ACCORDING TO TRACT "B", TEXAS STEEL THE NATIONAL FLOOD INSURANCE PROGRAM'S FLOOD INSURANCE RATE MAP FOR TARRANT COMPANY, PLANT SITE COUNTY, TEXAS, AND INCORPORATED AREAS, COI�MIUNITY-PANEL NUMBER 95439C0305L, CITY OF FORT WORTH, effective on03/21/2019' THIS PLAT FILED IN CO.CLER%# DATE _________ TARRANT COUNTY, TEXAS SIN.FIN#�x___POJECITYs CASE, l.,FS�2I"lf11 EXHIBIT C Depiction and description of the Encroachment Tier II ROW Encroachment Agreement Page 12 of 13 Revised I1/2020 Exhibit C AOCI zsaz-x [ru[z-x SnJWVDna0HDSXALdVHoDinend 1100-ANON-AVdA-MdNISVOAllNRi.I P, 5 ? 2O , m o - N a3 oC'i q, k 4✓' X P. h W Navd z 3100 w N z /.a3 z o w O o 30V3V-138a o Y SNVn3wl mo o HLIWS m K wl o noao 033or w � w m o a v as w Z � - VAa sl 0 s ° 0 NIVW m r F ¢ 00 Inol 15 w m a a z Q AM a N :5 O � U Q N � avoallva � z III Hd W3H o m Y m z SI V La 0 c� 30 1100 0 3 311 0 303 100 3 WV V NOSa ON3H 3 L3 e wcn `i �.. asEll sam N� 3 p 0 0_--__ I 4J I • 31 y _ n , I = .i Iry I ry�l O I I - I I =I I I I I ♦ ♦ I I I I I I I k o P I II o I I I I I II I �9 I _ y c` CI I #loci ZINZ-M ItOLZ-x Exhibit C Slid WVD'IOOHJS dHIdVHJJI IHfld L"IOH-A?IO.LVNVd'4?Id N1SVH A.LININJ wNa a w x F a d o a F ry > w z 0 cG ti Z 2 v H % O 11) O V) O L O N O N O O 0) 0) 00 00 I- r (D (D N 10 I� 10 10 10 10 co 10 10 w (D (D z aj�a �mn o.5 s.B HhSb��B s ��B S�m�e 3me>f m e ' � ilkee��4 e i�—°�� x .•.G, x a — — w - O =° ( e - " e x n __ _____ 0 B 9=e e] x 3a o '129-31 'X L 1161, O 0 0 00 00 I, n to (0 to LL7 (D (D W 2+N - 2 I 3 I III I �Ga zp $ao- Q ?w89o������e� EXHIBIT D Certificate of Insurance Tier 11 ROW Encroachment Agreement Page 13 of 13 Revised 11/2020 Exhibit D 78/30/2021 E(MM/DDIYYYY) A�" CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER Edgewood Partners Insurance Center NAME: Randi Reynolds EPIC Brokers E FAX AICO NNo Ext: 469.270.6736 A/c No 2700 Post Oak Boulevard, 25th Floor E-MAIL Houston, TX 77056 ADDRESS: randi.re noldS a icbrokers.com INSURER(S)AFFORDING COVERAGE NAIC q INSURER A: Philadelphia Indemnit Insurance Company 18058 INSURED INSURER B: Technology Insurance Company, Inc 42376 Trinity Basin Preparatory, Inc. Trinity Basin Preparatory INSURERC: 2730 N Hwy 360 INSURER D Grand Prairie TX 75050 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: 63660876 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR POLICY NUMBER iMMIDDIYYYYI fMM1DDJYYYY1LIMITS A ✓ COMMERCIAL GENERAL LIABILITY PHPK2232566 2/1/2021 2/1/2022 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE 1/ OCCUR PREMISES Ea occurrence $100,000 MED EXP(Any cne person) $25,000 PERSONAL&ADV INJURY $1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $3,000,000 POLICY PRO- JECT ❑ LOC PRODUCTS-COMP/OPAGG $3,000,000 F,/1OTHER:ICarinpus Abuse Each and A $1 000 000 A AUTOMOBILE LIABILITY PHPK2232566 2/1/2021 2/1/2022 (Ea COMBINED Dccid ntSINGLELIMIT $1'000'000 ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY ✓ AUTOS Deductibles(Comp/Coll): HIRED NON-OWNED PROP P T nDAMAGE $ ✓ AUTOS ONLY ✓ AUTOS ONLY Hired:$50/$100 P Owned: 1 K/ 1 K $ A ✓ UMBRELLALIAB `/ OCCUR PHUB754958 2/1/2021 2/1/2022 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED ✓ RETENTION$10,000 $ B WORKERS COMPENSATION TWC3953449 2/1/2021 2/1/2022 �/ 'PER EORH AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED? N NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1 000 000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1 000 000 A Educators Legal Liability PHPK2232576 2/1/2021 2/1/2022 Each Claim:$2,000,000/Agg:$2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) INSURANCE VERIFICATION CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fort Worth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CFA Office-PN21-00131 ACCORDANCE WITH THE POLICY PROVISIONS. 200 Texas St. Fort Worth TX 76102 AUTHORIZED REPRESENTATIVE KJ Wagner ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 6366CB76 I TRINSASI 1 21/22 1 ?,.di Reynolds 8/30/2D21 3:44:14 PM (CDT) I Page - of -