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Home My WebLink AboutContract 56867 Date Received: 12/20/2021 Permit Number: PN21-00070 Time Re ce ived:_11:29 am City Secretary No.: 56867 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER II 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 C.K.S PACKAGING, INC., a Georgia corporation ("Licensee"), acting by and through its duly authorized CEO. RECITALS WHEREAS, Licensee is the owner of the real property located at 101 East Felix Street,Fort Worth, Texas 76115 ("Property"), being more particularly described in the attached Exhibit "A" which is incorporated herein for all purposes; and WHEREAS, the City owns a water easement and 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 plat records of Tarrant County by plat number FS-20-245; 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: 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 retaining wall and private drainage (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 beyond what is specifically described in Exhibit "C." OFFICIAL RECORD Tier II Easement Encroachment Agreement CITY SECRETARY PN2I-00070 FT. WORTH, TX 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 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 Tier II Easement Encroachment Agreement Page 2 of 13 PN21-00070 Revised 11/2020 Property, and to assess alien 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). 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. 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 Tier II Easement Encroachment Agreement Page 3 of 13 PN21-00070 Revised 11/2020 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. 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. Tier II Easement Encroachment Agreement Page 4 of 13 PN21-00070 Revised 11/2020 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. 17. The parties agreethat the duties and obligations contained in Sections shall survive the termination of this Agreement. Tier II Easement Encroachment Agreement Page 5 of 13 PN21-00070 Revised 11/2020 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 Easement Encroachment Agreement Page 6 of 13 PN21-00070 Revised 11/2020 City: Licensee: CITY OF FORT WORTH C.K.S. PACKAGING, INC. aforeign non profit organization By: DJ Harrell(�202114:D7 CST, ------ By: � D.J. Harrell, Director of the Name: John R Sewell Development Services Department Title: CEO Date: Dec 15,2021 Date: 5-11-2021 ATTEST: Approved As To Form and Legality J ette S.Goodall(Dec 17,202113 CST) Jannette Goodall, Thomas Royce Hansen City Secretary Assistant City Attorney Date: Dec 17,2021 Ordinance No. 24161-04-2020 Date: Dec 10,2021 dY F 000.4 q O o0000000 9�o° °00 Contract Compliance Manager: l�0 004 By signing I acknowledge that I am the person 000 o=d responsible for the monitoring and administration 0 o o*�d of this contract, including ensuring all performance ° 0° d °00000°°° d and reporting requirements. ��nEXAS.oA' Evelyn on behal-fall Evelyn Robertson behalf of(Dec lQ 202113:44 CST) Janie S. Morales Development Services Date: Dec 10,2021 OFFICIAL RECORD Tier II Easement Encroachment CITY SECRETARY Agreement FT. WORTH, TX PN21-00070 1 ' CITY OF FORT1 ' OFFICE USE 1 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared D.J.Harrell, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of the City of Fort Worth, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 16th_day of December , 2021. Wendy L. Digitally signed by Wendy L. Beardslee �pgtyP WENDY L BEARDSLEE Beardslee Date:2021.12.1611:30:58 Gn Notary Public -06'00' * * STATE OF TEXAS Notary Public in and for the State of Texas Notary I.D. 13323719-3 OF; My Comm. Exp. July 28, 2025 After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 OFFICIAL RECORD Tier II Easement Encroachment Agreement CITY SECRETARY PN2I-00070 FT. WORTH, TX STATE OF GEORGIA § COUNTY OF FULTON § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Georgia ,on this day personally appeared John R. Sewell,CEO, 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 C.K.S. PACKAGING, INC., a Georgia corporation, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 11th day of ,`,111/1111111►I/ry►I May 2021. C D(/G''•.,,, ' �i . rye NOTARY 2% plJB{,1G r Notary Public in 0 for the State of Georgia '•,ti�'�;�;:_�;'G�i�� ,',4'4yNINNNINIM OFFICIAL RECORD Tier II Easement Encroachment Agreement CITY SECRETARY PN21-00070 FT. WORTH, TX EXHIBIT A Description of the Licensee's Property Lot IR, Block 1, L-M Industrial Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in volume 388-95, page 44 of the Deed Records of Tarrant County, Texas. Tier II Easement Encroachment Agreement Page 10 of 13 PN21-00070 Revised 11/2020 EXHIBIT B Depiction of the Public Property Tier II Easement Encroachment Agreement Page 11 of 13 PN21-00070 Revised 11/2020 a ......... ....... "aE tin 1 KA Mw Ln P -TS If C4 r Ell 1 K AQ CR po Ell b E not 6 y 1 rh A !IN ST 2 W% is q 1 You U. a! i US 151 1 A 0 U M - [I 02 1 1 2 1 : Am 1 q in A A ONO his!oil is fly onto 11 spin 1 1 q too —q vilf M 11 W I r 1 AN f cf; z17 g oil a 11 i dw pit R: q ny 0, Eli sign, MAN 0.5 9W all Aw 1 AI dw ; ; 1 M!IV 1 As Oil A BE. "1 191 silo. j Q- A! 11 him !1 1 U R 1. .ph I oil ' m oil cc.00.00 S .. ..... ....... 7�r---- — — ---- --- —-- ------ ----- --- --- SI TA C.; RAI A H oF�ee°a Il fe 32 -729—778 m 7cc7i o cfvo-d-R" NOINCI t_."7�m� Ug ji we; t _t HE 50 i 1 PH- aw A V U-4 K RAW W1 AU R& Amd via, 1 5 TWA Up- 9H M Fort oiH top MAR it j hh! a, 1 "9V WON 9 wi look., M is Sh I Nil EXHIBIT C Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page 12 of 13 PN21-00070 Revised 11/2020 EXHIBIT C Page 1 of 4 4' WIDE RETAINING WALL ENCROACHMENT 1,729 Sq. Ft./0.040 Acres Lot 1R, Block 1 L-M Industrial Addition John Thornhill Survey, Abstract No. 1519 City of Fort Worth Tarrant County, Texas BEING a 1,729 square foot strip of land situated in the City of Fort Worth, in the John Thornhill Survey, Abstract No. 1519 of Tarrant County, Texas and being a part Lot 1 R, Block 1 of L-M INDUSTRIAL ADDITION, an addition to the City of Fort Worth, according to the Final Plat thereof, recorded in Instrument No. D221145722, Plat Records, Tarrant County, Texas (P.R.T.C.T.) and same being described as "Tract 1" in a deed to C.K.S. Packaging, Inc., recorded in Instrument No. D218143190, Deed Records, Tarrant County, Texas (D.R.T.C.T.) and said strip of land being more particularly described by metes & bounds as follows: BEGINNING at a 5/8 inch iron rod, topped with a plastic cap, stamped "Brookes Baker Surveyors" found on the south right-of-way line of E. Felix Street(variable width right-of-way), at the northeast corner of the above described Lot 1R, Block 1 of L-M Industrial Addition; THENCE: South 00 deg. 00 min. 33 sec. East, departing from E. Felix Street, along the east line of said Lot 1R, and also along the west line of Lot 3, Block 1 of L-M Addition to the City of Fort Worth, according to the plat thereof, recorded in Volume 388-141, Page 77, P.R.T.C.T., a distance of 413.96 feet to a 3/4 inch iron rod found for the most easterly southeast corner of said Lot 1R, in the north line of E. Felix Street South(60' wide right-of-way) and said point being at the beginning of a non-tangent curve (cul-de-sac)to the left, having a radius that bears South 53 deg. 10 min. 23 sec. West - 50.00 feet, a central angle of 286°15'37" and a chord that bears North 40 deg. 22 min. 05 sec. West- 6.18 feet; THENCE: Departing from said Lot 3, along the common line of said Lot I and E. Felix Street South and along said cul-de-sac curve to the left, at an arc distance of 6.18 feet to a point for the southerly southwest corner of this hereinafter described strip of land; THENCE: North 00 deg. 00 min. 33 sec. West, departing from said E. Felix Street South, over and across said Lot 1R, Block 1, a distance of 405.48 feet to a point for an inside corner of this strip of land and same being on a non-tangent curve to the left, having a radius of 916.00 feet, a central angle of 01°17'43" and a chord that bears North 87 deg. 30 min. 43 sec. West - 20.71 feet; THENCE: Continuing across said Lot 1 R, Block 1 and with said curve to the left, an arc distance of 20.71 feet to the most westerly southwest corner of this strip of land; THENCE: North 00 deg. 24 min. 07 sec. West, continuing across said Lot 1R, Block 1, a distance of 4.00 feet to a point for the northwest corner of this strip of land, on the north line of said Lot 1R, Block 1 and the south right-of-way line of the above mentioned E. Felix Street and said point being in a non- tangent curve to the right, having a radius of 920.00 feet, a central angle of 01°32`27" and a chord that bears South 87 deg. 23 min. 57 sec. East- 24.74 feet; THENCE: Along the common line of said Lot 1R, Block 1 and said E. Felix Street and with said curve to the right, an arc distance of 24.74 feet to the POINT OF BEGINNING and containing 1,729 square feet or 0.040 acres of land. Note: The bearings shown hereon are geodetic derived from GPS observations and measurements utilizing the StarNET RTK Network and is also referenced to City of Fort Worth Monuments#8785 and #8786. NAD83, Texas State Plane Coordinates, North Central Zone (4202). An Exhibit of equal date accompanies this metes & bounds description. Prepared Under My Hand & Seal, 0 ?, This 4"' Day of November, 2021. .�er .•��S T ERn•• .+nn L. H. RINGLEY 4701 Lawrence H. Ringley .P. .S. "Yij;��;fss��••� _�1� •�asrr• State of Texas,No. 4701 E. FELIX STREET N (Variable Width Right—of—Way) P.O.B. 1FCap 314" I F (CM) _ C3 BROOD'S BAKER (CM) 10' WATER EASEMENT Inst. No. D22114572 ---/// ""— `- �---� P.R.T.C.T. 4' WIDE C.K.S. PACKAGING, INC. I RETAINING WALL CALCO PROPERTY Scale: 1"=60' ENCROACHMENT (Tract 1) I I MANAGEMENT LLC Inst. No. D218143190 1,729 Sq. Feet Inst. No. D208426865 D.R.T.C.T. { 0.040 Acres D.R.T.C.T. LOT 1R, BLOCK 1 I PRIVATE L—M INDUSTRIAL ADDITION �—DRAINAGE EASEMENT _ I 5' UTILITY EASEMENT Inst. No. D221145722 o1. 388-141, Pg. 77 Inst. No. D221145722 I P.R.T.C.T. j P.R.T.C.T. P.R.T.C.T. — 5' T.E.S.C. I ELECTRIC EASEMENT i Vol. 4167. Pg. 373 '~� LOT 3, BUCK 1 L __ ..D.R.T.C.T. ....._ I I I L-M ADDITION Vol. 388-141, Pg. 77 VARIABLE WIDTH WATER Ira P.R.T.C.T. & SANITARY SEWER EASEMENT Inst. No_ D221145722 P.R.T.C.T. 30# S�Rp1 140 15 9 10' SANITARY SEWER I EASEMENT Vol. 5744, Pg. 616 MATCHLINE TO SHEET 4 D.R.T.C.T. CURVE TABLE CURVE DELTA ANGLE RADIUS ARC LENGTH CHORD BEARING CHORD LENGTH C1 7'04'58" 50.00' 6.18' N 40'22'05' W 6.18' C2 1'17'43" 916.00' 20.71' N 87'30'43" W 20.71' C3 1'32'27" 920.00' 24.74 S 87'23'57' E 24.74 LINE TABLE LINE BEARING DISTANCE L1 S 00'00 33" E 413.96' L2 N 00'00 33' W 405.48' L3 N 00'24 07' W 4.00 OF EXHIBIT C PAGE 3 OF 4 Lf Hf RING LEY 4' WIDE RETAINING WALL 4701 ENCROACHMENT p�;P 1,729 Sq. Ft./0.040 Acres LEGEND S LOT 1R, BLOCK 1 of P.O.B. = POINT OF BEGINNING L-M INDUSTRIAL ADDITION Inst. = Instrument situated in Vol. = Volume Cab. = Cabinet - John Thornhill Survey,A-1519 Pg. = Page City of Fort Worth P.R.T.C.T. = Plat Records, Tarrant County, Texas D.R.T.C.T. = Deed Records, Tarrant County, Texas Tarrant County, Texas IRF = Iron Rod Found CM = Controlling Monument " �Y701 GLEY &ASSOCIATESA INC. 0- REFERENCE BEARING SURVEYING. MAPPING PLANNING Texas Firm Reglatrotion No.10061300 S. Tennessee— McKinney. Texas 75069 The bearings shown hereon are geodetic derived from GPS observations and s (972)542-1266 measurements utilizing the StarNEf RTK Network and is also referenced to City of Fort Worth Monuments #8785 and #8786. NAD83, Texas State Plane Coordinates, Drawn by Date Scale North Central Zone (4202). 11/04/2021 1" = 60' Job Title I Sheet A metes & bounds description of equal date accompanies this Exhibit. 2020034 2020034—EX—EAL.DWG 1 3 of 4 MATCHLINE TO SHEET 3 N VARIABLE WIDTH WATER I & SANITARY SEWER EASEMENT Inst. No. D221145722 P.R.T.C.T. LOT 3, BLOCK 1 L—M ADDITION Vol. 388-141, Pg. 77 I �C.K.S. PACKAGING, INC. 4' WIDE P.R.T.C.T. (Tract 1) RETAINING WALL I I SOR�0 Inst. No. D218143190 ENCROACHMENT �� ti ORNNI�I 1519 Scale: 1"=60' 1,729 S Feet I 0NN 1N C1 NO• D.R.T.C.T. 9• � 0.040 Acres pBSjRp 5' UTILITY EASEMENT LOT 1R, BLOCK 1 I �- —gal. 36g-141• Pg. 77 10' SANITARY SEWER EASEMENT P.R.T.C.T. L-M INDUSTRIAL ADDITION Vol. 5744, Pg. 616 Inst. No. D221145722 D.R.T.C.T. P.R.T.C.T. 5' T.E.S.C. ELECTRIC EASEMENT Vol. 4167, Pg. 373 — D.R.T.C.T. CI I 314" IRF (CM) 10' SANITARY SEWER E. FELIX EMENT Vol. 5F744, Pg. 616 STREET SOUTH D.R.T.C.T. (60' Wide Right—of—Way) I CURVE TABLE CURVE DELTA ANGLE RADIUS ARC LENGTH CHORD BEARING CHORD LENGTH C1 7'04'58' 50.00' 6.18' N 40'22 05" W 6.18' C2 1'17'43" 916.00' 20.71 N 87'30 43' W 20.71 C3 1'32'27" 920.00' 24.74' S 87'23'57' E1 24.74' LINE TABLE LINE BEARING DISTANCE OF EXHIBIT C L2 N 00'00'33" W 405.48' ��;. .,T� L3 N 00'24'07" W 4.00 ��'. G1ERF f� PAGE 4 OF 4 """ ....RU F" 4' WIDE RETAINING WALL .....................RUFF- :�, 4701 ... ENCROACHMENT �y '°FeS 5 o?• 1,729 Sq. Ft./0.040 Acres LEGEND S LOT 1R, BLOCK 1 of P.O.B. = POINT OF BEGINNING L-M INDUSTRIAL ADDITION Inst. = Instrument situated in Vol. = Volume Cab. = Cabinet John Thornhill Survey,A-1519 Pg. = Page City of Fort Worth P.R.T.C.T. = Plat Records, Tarrant County, Texas D.R.T.C.T. = Deed Records, Tarrant County, Texas Tarrant County, Texas IRF = Iron Rod Found CM = Controlling Monument N Y701 GLEY &ASSOCIATES, INC. REFERENCE BEARING SURVEYING MAPPING PLANNING Texas Firm Registration No.10061300 S. Tennessee—McKinney. Texas 75069 The bearings shown hereon are geodetic derived from GPS observations and s (972)542-1266 measurements utilizing the StarNET RTK Network and is also referenced to City of Fort Worth Monuments #8785 and #8786. NAD83, Texas State Plane Coordinates, Drawn by Date Scale North Central Zone (4202). „&,1( 11d 11/04/2021 hill = 60' Job Title Sheet A metes & bounds description of equal date accompanies this Exhibit. 2020034 2020034-EX-EAL.DWG 1 4 of 4 EXHIBIT C Pagel of 3 10' WIDE PRIVATE DRAINAGE ENCROACHMENT 200 Sq. Ft./0.005 Acres Lot 1R, Block 1 L-M Industrial Addition John Thornhill Survey, Abstract No. 1519 City of Fort Worth Tarrant County, Texas BEING a 200 square foot strip of land situated in the City of Fort Worth, in the John Thornhill Survey, Abstract No. 1519 of Tarrant County, Texas and being a part of Lot 1R, Block 1 of L-M INDUSTRIAL ADDITION, an addition to the City of Fort Worth, according to the Final Plat thereof, recorded in Instrument No. D221145722, Plat Records, Tarrant County, Texas (P.R.T.C.T.) and same being described as "Tract 1" in a deed to C.K.S. Packaging, Inc., recorded in Instrument No. D218143190, Deed Records, Tarrant County, Texas (D.R.T.C.T.) and said strip of land being more particularly described by metes & bounds as follows: COMMENCING at a 5/8 inch iron rod, topped with a plastic cap, stamped "Brookes Baker Surveyors"found on the south right-of-way line of E. Felix Street(variable width right-of- way), at the northeast corner of the above described Lot 1R, Block 1 of L-M Industrial Addition and said point being on a curve to the left, having a radius of 920.00 feet, a central angle of 01°32'27" and a chord that bears North 87 deg. 23 min. 57 sec. West�24.74 feet; THENCE: Along the common line of said Lot 1R, Block 1 and said E. Felix Street and with said curve to the left, an arc distance of 24.74 feet to a point; THENCE: South 00 deg. 24 min. 07 sec. East, departing from said common line, over and across said Lot 1R, Block 1, a distance of 7.82 feet to the POINT OF BEGINNING and same being the northeast corner of this hereinafter described strip of land; THENCE: South 00 deg. 24 min. 07 sec. East, continuing across said Lot 1R, Block 1, a distance of 10.00 feet to a point for the southeast corner of this strip of land; THENCE: South 89 deg. 59 min. 27 sec. West, continuing across said Lot 1R, Block 1, a distance of 20.00 feet to a point for the southwest corner of this strip of land; THENCE: North 00 deg. 24 min. 07 sec. West, continuing across said Lot 1R, Block 1, a distance of 10.00 feet to a point for the northwest corner of this strip of land; THENCE: North 89 deg. 59 min. 27 sec. East, continuing across said Lot 1R, Block 1, a distance of 20.00 feet to the POINT OF BEGINNING and containing 200 square feet or 0.005 acres of land. Note: The bearings shown hereon are geodetic derived from GPS observations and measurements utilizing the StarNET RTK Network and is also referenced to City of Fort Worth Monuments#8785 and #8786. NAD83, Texas State Plane Coordinates, North Central Zone (4202). An Exhibit of equal date accompanies this metes & bounds description. Prepared Under My Hand & Seal, OF This 4ch Day of November, 2021. `�. •�s TE• CQ !!!!!f!!!!!!!!!1!!N!!-------!!!!! L. H. RINGLEY r �'�0 4701 Lawrence H. Ringl , L.S. Y� .FSS;fl•' 0 State of Texas,No. 4701 0 60 100 200 GRAPHIC SCALE 1 " 60' 10' Public _EL=685.65 Water Esmt. (per plat) \ s Private Private Drainage Drainage 1 I Encroachment Easement (per plat) Retaining Wall Encroachment I I I Variable Width Water and Sewer Easement o ® (per plat) LOT 1, BLOCK I I J d NDUSTRIAL ADDITION VoI. 388-95,Pg.44 P.R.T.C.T. LOT 3, BLOCK 1 L-N ADDITION .K.S. PACKAGING, INC. Vol.386-141, Pg. 77 'n t. No. D218143190 P.R.T.C.T. D.R.T.C.T. 101 E.Felix SI—t S. I LEGEND 7ORY CONCRETE BUILDING -———— Limits of nl Encroachment FF=893.]0 New — Warehouse Building I I I I — I I IX I E. Felix St. S. Cul—de—sac o II I p � I EXHIBIT C - SITE PLAN RETAINING WALL AND PRIVATE DRAINAGE ENCROACHMENTS CKS Packaging Inc. CKS WAREHOUSE EXPANSION Lot 1R, Block 1, L-M Industrial Addition CROSS ENGINEE.ING CONSULTANTS_:In�r_ -j 0 20 60 GRAPHIC SCALE 1 "=20' =0= Proposed Curb and Retaining BM-1 Wall (Typ. This Area) EE. 685. 65 Private Storm Line C / Private Storm Line B TR E _g •W 0 0 \ — , Proposed Curb and Retaining Wall Encroachment Over \ Ex. Water and Sewer Mains Variable Width 10' Wide Public Utility Easement Water Easement \ (D221145722 O.P.R.T.C.T.) (D221145722 O.P.R.T.C.T.) Proposed Private Storm Sewer \ Proposed Curb and Retaining and Public Water Crossing Wall Encroachment (Typ. This Area) 20' Wide Private Drainage Easement (D221145722 O.P.R.T.C.T.) N 00 EXHIBIT C PIPE CROSSING LOCATIONS PLAN VIEW CKS Packaging Inc. CKS WAREHOUSE EXPANSION Lot 1 R, Block 1, L-M Industrial Addition CROSS o s��b, 0 40 100 SCALE 1 "=40' H., GRAPHIC SCALE SCALE 1 "=4' V., 705 CROSSINGS 705 700 700 695 695 690 690 Prop. Ret. Wall 59 685 o Ex. 4' MH 685 Ex. 8" Water q IT IrEx. 8" S.S. ---- - -- 680 Z 680 10 LF — Steel Encasement 10 LF — Steel Encasement Around Ex. 8" San. Sewer Around Ex. 8" Water (5' O.C.E.W. from RW Footing) (5' O.C.E.W. from RW Footing) Approx. RW Zone of Influence EXHIBIT C PIPE AND WALL PROFILES CKS Packaging Inc. CIS WAREHOUSE EXPANSION Lot 1R, Flock 1, L-M Industrial Addition CROSS o sMG�� 0 40 100 SCALE 1 "=40' H., GRAPHIC SCALE SCALE 1 "=4' V., 700 CROSSINGS 700 695 695 PRCPOSED GRADE 690 690 Prop. Ret. Wall ET. 1 " 685 685 6" Public Water 680 680 675 675 0+00 1 +00 EXHIBIT G-1 STORM LINE 'B' AND 611 PUBLIC WATER CKS Packaging Inc. CKS WAREHOUSE EXPANSION Lot 1 R, Block 1, L-M Industrial Addition CROSS o s�� 0 40 100 SCALE 1 "=40' H., GRAPHIC SCALE SCALE 1 "=4' V., 700 CROSSINGS 700 695 695 690 n 17- 690 Prop. Ret. Wall ET. R P OVE 685 L 685 U 6" Public Water 680 680 675 675 0+00 1 +00 EXHIBIT G-2 STORM LINE 'C' AND 6" PUBLIC WATER CKS Packaging Inc. CKS WAREHOUSE EXPANSION Lot 1 R, Block 1, L-M Industrial Addition CROSS o sMG 2� EXHIBIT D Certificate of Insurance Tier II Easement Encroachment Agreement Page 13 of 13 PN21-00070 Revised 11/2020