HomeMy WebLinkAboutContract 56868 Date Received: 12/20/2021 Permit Number: PN21-00136
Time Received: 11:34 am City Secretary No.: 56868
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
IIER 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 NH — FORT WORTH
OWNER, LLC, a Delaware limited liability company ("Licensee"), acting by and
through its duly Authorized Signatory.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 2101 Joel East
Road, 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 is the owner of a certain Permanent Sewer Facility
Easement located on the Property (the "Public Property") attached as Exhibit `B,"
which is incorporated herein for all purposes, and as in the plat records of Tarrant County
as plat number FP 18-098; and
WHEREAS, Licensee desires to construct, place, and maintain certain
improvements which will encroach in, on, above, or below the Public Property; and
WHEREAS, to accommodate the needs of the Licensee, the City will allow the
encroachment under the terms and conditions as set forth in this Agreement.
NOW,THEREFORE,the City and Licensee agree as follows:
AGREEMENT
1.
The City, in consideration of the payment by Licensee of the fee set out below
and covenants and agreements hereinafter contained to be kept and performed by
Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and
occupy a portion of the City's Public Property as described in and at the location shown
on Exhibit "C," but only to the extent shown thereon, for the purpose of constructing,
installing, and maintaining a private storm drain (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
OFFICIAL RECORD
Tier II Easement Encroachment Agreement CITY SECRETARY
PN21-00136 FT. WORTH, TX
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 Easement Encroachment Agreement Page 2 of 13
PN21-00136 Revised 11/2020
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).
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 II Easement Encroachment Agreement Page 3 of 13
PN21-00136 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,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 for the Encroachment as depicted in
Exhibit C. The amounts of such insurance shall be not less than
$1,000,000
with the understanding and agreement by Licensee that such insurance amounts may be
revised upward at City's option and that Licensee shall so revise such amounts
immediately following notice to Licensee of such requirement. Such insurance policy
shall not be canceled or amended without at least thirty (30) days prior written notice to
the Building Official of the City. A copy of such Certificate of Insurance is attached as
Exhibit "D" and incorporated herein for all purposes. Licensee agrees, binds, and
obligates itself and its successors and assigns to maintain and keep in force such public
liability insurance at all times during the term of this Agreement and until the removal of
the Encroachment and restoration of the Public Property. All insurance coverage
required herein shall include coverage of all Licensee's contractors and subcontractors.
Tier II Easement Encroachment Agreement Page 4 of 13
PN21-00136 Revised 11/2020
11.
Licensee agrees to deposit with the City when this Agreement is executed a
sufficient sum of money to be used to pay necessary fees to record this Agreement in the
real property records of the county in which the Encroachment is located. After being
recorded, the original shall be returned to the City Secretary of the City of Fort Worth.
12.
Licensee agrees to comply fully with all applicable federal, state, and local laws,
statutes, ordinances, codes, and regulations in connection with the construction,
operation, and maintenance of the Encroachment and use of the Public Property.
13.
Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for
by this Agreement or by any federal, state, or local statute, law, or regulation.
14.
Licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as an officer, agent,
servant, or employee of City, and Licensee shall have exclusive control of and the
exclusive right to control the details of its operations, and all persons performing same,
and shall be solely responsible for the acts and omissions of its officers, agents, servants,
employees, contractors, subcontractors, licensees, and invitees. The doctrine of
respondeat superior shall not apply as between City and Licensee, its officers, agents,
servants, employees, contractors, and subcontractors, and nothing herein shall be
construed as creating a partnership or joint enterprise between City and Licensee.
15.
Licensee agrees and acknowledges that this Agreement is solely for the purpose
of permitting Licensee to construct, maintain, and locate the Encroachment over or within
the Public Property and is not a conveyance of any right, title, or interest in or to the
Public Property, nor is it meant to convey any right to use or occupy property in which a
third-party may have an interest. Licensee agrees that it will obtain all necessary
permissions before occupying such property.
16.
In any action brought by the City for the enforcement of the obligations of the
Licensee, City shall be entitled to recover interest and reasonable attorneys' fees.
Tier II Easement Encroachment Agreement Page 5 of 13
PN21-00136 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 Easement Encroachment Agreement Page 6 of 13
PN21-00136 Revised 11/2020
City: Licensee:
CITY OF FORT WORTH MI—FORT LC,
a Delaware mi il' p
By:DJ Harrell 15,202114:05 CST) By:
J �
D.J. Harrell, Director of the N e: Peter ichler
Development Services Department Title: Authorized Si ng atory
Date: Dec 15,2021 Date: �� 2
ATTEST: Approved As To Form and Legality
J ette S.Goodall(Dec 17 202113'
City Secretary Thomas Royce Hansen
Jannette Goodall Assistant City Attorney
Date: Dec 17,2021
Ordinance No. 24161-04-2020
�oa�`c``�R Date: Dec 15,2021
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���►O /000 ��� Contract Compliance Manager:
0,00~0 '0 By signing I acknowledge that I am the person
° o=� responsible for the monitoring and administration
° ,d of this contract,including ensuring all performance
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ICY and reporting requirements.
��SEX Asap
Evelyn roberts on behalf of(Dec 15,2021 12:0 CST)
Janie S. Morales
Development Services
Date: Dec 15,2021
OFFICIAL RECORD
Tier II Easement Encroachment Agreement CITY SECRETARY
PN21-00136
FT. WORTH, TX
***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 16th day of
December 20 21
WendL. Digitally signed by WendyL. �yp� WENDY L BEARDSLEE
Y . Beardslee �P 6
Beardslee Date:2021.12.1611:16:39 z %, 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
PN21-00136 FT. WORTH, TX
STATE OF §
COUNTY OF §
On ,2021,before me,the undersigned,a notary public in and.for said
State,personally appeared ,personally known to me (or
proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies) and tbat,by his/her/their
signature(s)on the instrument,the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
Notary Public
My Commission Expires: PLEASE SEE ATTACHED
CALIFORNIA NOTARY
ACKNOWLEDGMENT
Tier II Easement Encroachment Agreement Page 9 of 13
PN21-00136 Revised 1.1/2020
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Los Angeles )
On DECEMBER 10, 2021 before me, Yelena Cisadchaya Notary Public
(insert name and title of the officer)
personally appeared PETER E ICHLER
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
l certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and o seal. th YELENAOSADCHAYA
3 Notary Pubtic•California
Los Angeles County
Y ° Commission#2331092
Comm,Expires Aug 26,2024
Sign re
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Exhibit A to Special Warranty Deed
Leizal Description
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County, Texas, according to plat filed for record under Clerk's File No. D219111864, Deed
Records of Tarrant County, Texas.
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Tier II Easement Encroachment Agreement Page 11 of 13
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D217040913 21231201712:16 PM PGS 12 Fee: $60.00 Submitter: XEROX COMMERCIAL SOLUTIONS
Electronically Recorded by Tarrant County Clerk in Official Public Records
Mary Louise Garcia
100692, Carter Distribution Center
Parcel ##2
NEC of Oak Grove Road and Joel East Road
Lot-21R, 3, and 4x, Blk-A, Carter Distribution Center
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT §
CITY OF FORT WORTH
PERMANENT WATER FACILITY EASEMENT
`E�EE�Ei.
DATE: Janus yi'i. 017
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GRANTOR: AMOrr �s4ER FOUNDATION
«, �1i
"�III
GRANTOR'S MAILING A ciuding County}:
201 MAIN ST, SUITjgl40443
FORT WORTH, TA I t t 1T o,OUNTY, TEXAS 76101
GRANTEE: CITY OF FORT WORT)"""
011151
GRANTEE'S MAILING ADDRESS (including`€iC ty):
200 TEXAS ST.
FORT WORTH, TARRANT COUNTY,TK 41
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CONSIDERATION: Ten Dollars ($10.00) and other gal arm valuable consideration, the
receipt and sufficiency of which is hereby acknowledged.
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PROPERTY: Being a portion of that certain tract situated in the"WPM
' b9ty School Land
Survey, Abstract No. 1375, being part of the 194.70 ikr „ii.Wk,Nas recorded in
Volume 3587, Page 314, Deed Records, Tarrant County ,I;A,,, qdi{}being more
particularly described in Exhibit A and B„ " 1
��" . «�
Grantor, for the Consideration paid to Grantor and other good and valuable c�do' s' kti
hereby grants, sells, and conveys to Grantee, its successors and assigns, an
perpetual easement for the construction, operation, maintenance, replacement, upgrade;'
repair of a Permanent Water Main Facility, hereafter referred to as "Facility". The Fac
includes all incidental underground and aboveground attachments, equipment and
appurtenances, including, but not limited to manholes, manhole vents, lateral line connections,
Permanent Water Facility Easement
Rev.0611512016
Foe xs
Page 2 of 12
valves, pipelines, water meters, junction boxes in, upon, under and across a portion of the
Easement 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 Easement 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 Easement Property in any manner which interferes in any
material way or is inconsistent with the rights granted hereunder, or (II) 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 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 Easement Property at
Grantee's sole cost and expense, including the restoration of any sidewalks, driveways, or
similar s0ce improvements located upon or adjacent to the Easement Property which may
have be0h raved, relocated, altered, damaged, or destroyed as a result of the Grantee's use
of the E' m nt Property granted hereunder. Provided, however, that Grantee shall not be
obligated to)T"e or replace irrigation systems or other improvements installed in violation of
the provisions ar l. i t ed use of this Easement Property.
lilt
EIIE
TO HAVE AND T �t�� {4EE he above-described Easement Property, together with all and
singular the rights and irten nces thereto in anyway belonging unto Grantee, and Grantee's
successors and assigns forr, end Grantor does hereby bind itself and its successor and
assigns to warrant and for4 er`bef# I'd all and singular the Easement Property unto Grantee, its
successor and assigns, again jje, FFF erson whomsoever lawfully claiming or to claim the
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[SIGNATURES APPEA"SHE FOLLOWING PAGE]
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Permanent Water Facility Easement
Rev.0 6/1 512 01 6
FOR111 x
Page 3 of 12
GRANTOR: Amon G. Carter Foundation
a Texas non-profit corporation
GfAzt1_
W. Patrick Harris, EVP
GRANTEE: City o ort Worth
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'`ff'fnnne t{I{{7{ttt€ By�S1�ature):
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Steve Coo
«<<„ ,Property M� �fement Director
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,:: APPROVED AS TO FORM AND LEGALITY
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THE STATE OF TEXAS §
COUNTY OF TARRANT §
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ACKNOWLEDG N�
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. „ .
BEFORE ME, the undersigned authority, a Notary'fib i jj nd for the State of Texas,
on this dayW. Patrick Harris, known to "l
personally a p �' eared pP to `�e,33he same person whose
name is subscribed to the foregoing instrument, and acknowledge"taiie twat the same was the
act of Amon G> Carter Foundation a Texas non-profit corporatio ",, `�t he executed the
same as the act of said corporation the purposes and consideration tsed and in the
capacity therein stated.
00M �Kh"
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 27th day of 0 `7
TERRY L.WOODFIN
# `* Notary Pubic
STATE OF TEXAS "
my Comm.Exp.Sept 14,2D19 Notary P He in and for Wie State of Texas
Permanent Water Facility Easement
Rev.06115l2016
Page 4 of 12
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 �IL-e--
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;,pf the City of Fort Worth and that he/she executed the same as the act of the City of
Fort Wor"r the purposes and consideration therein expressed and in the capacity therein
<�����° 4ii�3.
stated. L CC4c
.�Siiiij.����3i
G1VETiUNN 09R MY HAND AND SEAL OF OFFICE this 2 s * day of
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r= My Commission ExpiY ,,,, 4}"
z Fetruary 25,2018
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Page 5 of 12
EXHIBIT "A"
15-FOOT PERMANENT WATER FACILITY EASEMENT
Part of Amon G. Carter Foundation Tract
Shelby County School Land Survey, Abstract No. 1375
City of Fort Worth, Tarrant County, Texas
DESCRIPTION, of a 2.245 acre (97,796 square foot) tract of land situated in the Shelby County
School Land Survey, Abstract No. 1375, City of Fort Worth, Tarrant County, Texas; said tract
being part of that called 194.70 acre tract of land described in Second Correction Special Warranty
Deed to Amon G. Carter Foundation recorded in Instrument No. D205085655 of the Official Public
Records of Tarrant County, Texas; said 2.245 acre (97,796 square foot) tract being more
particularly described as follows(bearing system for this survey is based on the Texas State Plane
Coordinate System - NAD 83, North Central Zone 4202, based on observations made an March
21, 2016 with a combined scale factor of 1.00012):
COMMENCING, at a "+" cut in concrete found in the east right-of-way line of Oak Grove Road (a
120-foot wide right-of-way); said point being the southwest corner of Lot 2R, Block A, Carter
Distribu ' " Center, an addition to the City of Fort Worth, Texas according to the plat recorded in
Instru nt., - D214117642 of said Official Public Records; from said point a"+" cut in concrete
founct ,t,trsotheast corner of Lot 2R bears North 89 degrees, 29 minutes, 08 seconds East, a
distance feet;
feet;
'"' frr t�Oil".
All"I'll
THEN dtt
ou` ;00 degrees,46 minutes, 46 seconds East, along the said east line of Oak
�;;.,
Grove Rdi dtt,a distance of 36.00 feet to the POINT OF BEGINNING;
iIIIIII,: '``ii
THENCE, North 89 d�r94s minutes, 08 seconds East, departing the said east fine of Oak
Grove Road, a distance of� 56, 4 feet to a point for comer;
lflU��'
THENCE, North 00 degrees, 30hin, 52 seconds West, a distance of 12.00 feet to a point for
corner;
F}UP
THENCE, North 89 degrees, 29 minut, ', Q&fonds East, a distance of 15.00 feet to a point for
corner. »»> ; '
THENCE, South 00 degrees, 30 minutes, 52 seconds East, a distance of 12.00 feet to a point for
corner;
THENCE, North 89 degrees, 29 minutes, 08 secondi 5555 tance of 10.86 feet to a oint for
g ;. » P
comer
"l, ,.
THENCE, North 00 degrees, 30 minutes, 57 seconds West,.b"d1Wh'i ',,of 36.00 feet to a point for
corner, .a33333
,iiiitt,.
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THENCE, North 89 degrees, 29 minutes, 08 seconds East, a distan oo f J:�1���•�eet to a point for
corner;
THENCE, South 00 degrees, 30 minutes, 57 seconds East, a distance of 36" point for
corner;
ol
THENCE, North 89 degrees, 29 minutes, 08 seconds East, a distance of 377.88 fie ;int
for corner;
THENCE, North 00 degrees, 30 minutes, 52 seconds West, a distance of 12.00 feet to a port for
comer,
PAGE 1 OF 8
Page 6 of 12
EXHIBIT "A7l
15-FOOT PERMANENT WATER FACILITY EASEMENT
Part of Amon G. Carter Foundation Tract
Shelby County School Land Survey, Abstract No. 1375
City of Fort Worth, Tarrant County, Texas
THENCE, North 89 degrees, 29 minutes, 08 seconds East, a distance of 15.00 feet to a point for
corner;
THENCE, South 00 degrees, 30 minutes, 52 seconds East, a distance of 12.00 feet to a point for
comer;
THENCE, North 89 degrees, 29 minutes, 08 seconds East, a distance of 221.14 feet to a point
for comer;
THENCE, North 00 degrees, 30 minutes, 51 seconds West, a distance of 12.00 feet to a point for
corner;
THEI pgrth 89 degrees, 29 minutes, 08 seconds East, a distance of 15.00 feet to a point for
comer=,..........
THENCE, So j'06'Q 0#agrees, 30 minutes, 51 seconds East, a distance of 12.00 feet to a point for
corner; t
s
` off ((f �lC��fs
THENCE, North 8 l��gj.a.
'E 9 minutes, 08 seconds East, a distance of 1,134.90 feet to a point
for corner,
THENCE, South 00 degres, i!!llnutes, 31 seconds East, a distance of 966.92 feet to a point
for corner in the north right-of- 0 oaf Joel East Road (a 50-foot wide right-of-way);
THENCE, South 89 degrees, 29 n1'I s,al seconds West, along the said north line of Joel East
Road, a distance of 20.00 feet to a po�-"-"fgr„ tner;
THENCE, North 00 degrees, 37 minutes, 31 soihds West, departing the said north line of Joel
East Road, a distance of 75.97 feet to a pointer corner;
THENCE, South 89 degrees, 22 minutes, 29 secondfesa distance of 19.50 feet to a point for
comer, �SSSS`
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tSSSSE'
THENCE, North 00 degrees, 37 minutes, 31 seconds Wes „ da a of 15.00 feet to a point for
comer;
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THENCE, North 89 degrees, 22 minutes, 29 seconds East, a distartc „ `19,,§0 feet to a point for
comer; ««<
,a
THENCE, North 00 degrees, 37 minutes, 31 seconds West, a distance of", to to a point
for comer;
THENCE, South 89 degrees, 22 minutes, 29 seconds West, a distance of 17.17 fe 10 int for
corner;
ttttcaa
THENCE, North 00 degrees, 37 minutes, 31 seconds West, a distance of 15,00 feet to a poi
comer; /
PAGE 2OF8
Page 7 of 12
EXHIBIT "A"
15-FOOT PERMANENT WATER FACILITY EASEMENT
Part of Amon G. Carter Foundation Tract
Shelby County School Land Survey, Abstract No. 1375
City of Fort Worth, Tarrant County, Texas
THENCE, North 89 degrees, 22 minutes, 29 seconds East, a distance of 17.17 feet to a point for
corner;
THENCE, North 00 degrees, 37 minutes, 31 seconds West, a distance of 387.73 feet to a point
for cornier;
THENCE, South 89 degrees, 29 minutes, 08 seconds West, a distance of 3,841.37 feet to a point
for corner in the said east line of Oak Grove Road;
THENCE, North 00 degrees, 46 minutes,46 seconds West, along the said east line of Oak Grove
Road, a distance of 20.00 feet to the POINT OF BEGINNING;
CONTIIw 97,796 square feet or 2.245 acres of land, more or less
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(A survey p `gyen survey date herewith accompanies this description.)
The undersigf�etered Professional Land Surveyor, hereby certifies that the foregoing
description accur tsEout the metes and bounds of the easement tract described_
. OF. F�c
Ij j1€ 'lllt" n, tP �j S Ter**-.
[l� .y o=CAA J i 4s
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Rene.Silvas Date �REN SICVAS
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Registered Professional Land Surer w. 5921 5921 y.
Pacheco Koch LLG
6100 9 ssi° y
Western Place, #1001, Fort Worth U R
(817) 412-7155
TX Reg. Surveying Firm LS-10193824
2685-16.131 EX4.doc
2685-16.131 EX4.dwg RMT
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PAGE 3 OF 8
EXHIBIT C
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement Page 12 of 13
PN21-00136 Revised 11/2020
Page 8 of 12
I I [EX O o 07 VOW
LOT 2R, BLOCK A
CARTER DESTRIBUTION CENTER
I I (INST. NO. D214117642)
3 20' RANGE TEXAS PRODUCTION, LLC
� - EASEMENT AND RIGHT—OF—WAY
O (INST. NO, D20Z13975,54)
C7 I \ I I 24' PRIVATE ACCESS EASEMENT
\ (CAB. A. SL. 12121)
N '+CUT IN CONCRETE (INST. NO. D21 41 1 7 6 42) I
FOUNiDD'(C.M.) '
a 00 Vi r`
w N '89'2908 648.45'—
i •+" CUT IN CONCRETE
to P.0 .$f I FOUND (C.M.) a
�rJ � —
N 89'29'08" E 2056."
N o0•46'4s'«�II' r
rTruE�''��
S 89029'08" W 3841.37`
; ul
t .
TRACT 15—FOOT PERMANENT
M ACCESS EXHIBIT gQAO EASEMENT WATER FACILITY a
(1i...tsss rrrrrr�rr�...... (INST. N0. D214129686) EASEMENT
2.245 ACRES
t M : G. CARTER FOUNDATION
4( ,,OF FIRST TRACT
,1J3; s s s
ttfYOLffff 3587, PG. 314) LEGEND
��� PROPERTY LINE
x ART QE;,`94.70 ACRES — — EASEMENT uNr
(INSTI,€Nb D.2055085655) PROPOSED EASEMENT
IUNE
O POINT FOR CORNER
(UNLESS OTHERIMSE NOTED)
CONTROLLING MONUMENT
0
N
(����� Pi 0■B.— POINT OF BEGINNING
zv
Q 25 50 100 P.O.V.- POINT OF COMMENCING
�������.����� zzzzzzzzzz>
V GRAPHIC SCALE IN FEET "''� ��"`
Eiiiiii iEE 3))))
, '
< te.M�� and bounds description of even
suey d6le;};,herewith accompanies this plat
««<EEE
°O The undeRS MDi ned, Registered Professional of y,,I,,,E'
Lund Surveyor, hereby certifies that this plat of €€€€
II ««ll
rr«r
N survey accurately sets out the metes and �E. F-Tic 2. Bearing } � ,r,�i this survey is based —
m bou of the easement tract described. 't4`'Cs1grFA%;fq . the Texas==, at�tt`" ane Coordinate System —
N y;�`4 Fa S NAD 83, Nor > a�; Zane 4202, based on
observations "�� s Rich 21, 2016 with a
n - REN -SILVAS combined scale"19pt ffl� �0012.
of b a s9a1 *�0 15-F 4T RIM 11 NT
R Slivas Date F Ss+o
O''-...... �,� ,..
IL Registered Professional 30� WATER FA ` 17
Land Surveyor No. 5921 M.N E"ASEiL
M 1
6100 WESTERN PLACE, SUITE 1001 "'
PART 0;
Pacheco Koch FORT WORTH, TX 76107 517.4127155 AMON G. CARTER FOUNDOON TRACT
N TX REG. ENGINEERING FIRM F-14439 SHELBY COUNTY SCHOOL LAND SURVEY,
TX REG. SURVEYING FIRM LS-10193824 ABSTRACT NO. 1375.
nrrwsrlver c�+IFcxeo ar sc�cE n.1r> ,+1oe NAW R CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
rn FtMT RS/PMI3 1"=50' DEC. 2016 2685-18.131 PAGE 4 OF 8
Page 9 of 12
[EX l OBUT W B W
0 25 50 100
GRAPHIC SCALE IN FEET
AMON G. CARTER FOUNDATION
PART OF FIRST TRACT
(VOL, 3587, PG. 314)
PART OF 194.70 ACRES
as' �RIVATe A'ATF4 FASEUENT (INST. NO, 0205085655)
4(EY PLAT)
— ""'/ -JBLIC WATE° EASEMENT
-� Ali
(-3( PLAT)
N 00 30°€4:�
36 ,_' N 89'29'08" E
t N 89.29'08 E,;«__ 15.00' w
15.00� _» ,.
,,,, rr N 89'29'08" E S OD'30'S2" E� W
N 00730 52 W S QO'30 57 E 15.00' a
Q ffftffsssf rat .,, r 12.00'
a. 1 z.OQ 36.00 0-
W N 89029'08" E N 89'29'08" E N DO'30'52" W N 89'29'08" E
W
2056.64' ""' 377.88 A 12.00' 221.14' v
W „ 5,,, ,,,,, W
9 z FFi. 7
�S+ �Ri�
t = S 00'30'52" E N9 29' # " E S 89'29'08" W 3841.37'Ld
_
x
//� }�y� "`"" 15—FOOT PERMANENT
7T � 1 lam.�Q' 1�.V6' €€€€€€ SSSSSSSffffff'>,
WATER FAOUTY
E """ EASEMENT
� '
AMON G_ CARTER FOUNDATION 2.245 ACRES c�yyyyy
PART OF FIRST TRACT (97,796 SIF)
(VOL. 3587, PG. 314) u€ •ttkk;
'AV
>- PART OF 194.70 ACRES
(INST. NO. D205085655)
.:........... .
i� 33333.
1. A ���Tnete and bounds description of even
wipyey t#i;,herewith accompanies this Plat
«..
LEGEND of
PROPERTY LINE ?rrrr aff,
EASEMENT LINE 2. Bearing' fmafOr this survey is based on
PROPOSED EASEMENT the Texa ii' t ' 'r7PIape Coordinate System —
LINE NAD 83, NortFl a Zone 4202, based on
3 0 POINT FOR CORNER observations mo"' e,m— Arch 21, 2016 with a
(UNLESS OTHERWISE NOTED) combined scale `t t' 00012.
3
(C.M.) - CONTROLLING MONUMENT
P.Q.B.- POINT OF BEGINNING 15+00T ANENT
�I�Lf;Y
a A 0.;,//'t.- POINT OF COMMENCING WATER F
1
o E,'TOq WESTERN PLACE SUITE EASEIIAE
E ,q01 PART OF
Pacheco Koch FORT woRi}i. TX 76107 817.4,27155 AMON G. CARTER FOUNDATION TRACT
TX REG. ENGINEERING FIRM F-14439
TX REQ SURVEYING FIRM LS-10193824 SHELBY COUNTY SCHOOL LAND SURVEY,
ABSTRACT NO. 1,375,
ilwly ar ccxm sr scAcF crrrF doe CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
J RMT RS/PMD 1"=50' DEC. 2016 2685-16.131 PAGE 5 OF 8
Page 10 of 12
0 25 50 100
GRAPHIC SCALE IN FEET
' AMON G. CARTER FOUNDATION
PART OF FIRST TRACT
(VOL_ 3587, PG. 314)
I•
((PART OF 194.70 ACRES W
«<tc
Ei
0111(INST NO. D205085655) C3
N 89'29'08" E
d
15.00'
cwr� N 00'30'51" W S 00'30'51" E y
.�
12.00 12.00
+ ��fClfffff IIh��=,, " n Z
� !�" 8 E 221.14 N 89'29 08 E 1134.90 3
4 11 99 29'08" W 3841.37' a
333)))' iiiiii
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15—FOOT PERMANEIV AMON G. CARTER FOUNDATION
WATER FACIUTY ?3?1� PART OF FIRST TRACT
EASEMENT ____, (VOL. 3587, PG. 314)
�;t�'" iiitft�a::::
2.245 ACRES
�
PART OF 194.70 ACRES
IWO (97,796 SF) (INST. NO. D205085655)
5
N
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� iuuF
d. ,iittti•
..............
.......
1. A <Metek4 and bounds description of even
suoy dtl gtqt ,herewith accompanies this plat.
«<.
LEGEND of
— — — — PROPERTY LINE tirll r`I
EASEMENT LINE 2. Bearing }d'�� Imo, this survey is based on
PROPOSED EASEMENT the Texa�'''F' Qt*,s ane Coordinate System
N,40 83, Norte Ii Zone 4202, based on
POINT FOR CORNER
p observations March 21, 2016 with a
(UNLESS OTHERWISE NOTED) combined scale
"I fro 0012.
�"`(»
ss (C.M.) -- CONTROLLING MONUMENT
P.O.B.- POINT OF BEGINNING 15~FO.OTNENT
EL
A
■�■{./■- POINT OF COMMENCING WATER FA �.1:
EASEME
s 11100 WESTERN PLAOE. SUITE 1= PART O
APacheco Koch FORT F
WORTH. TX 76107 817.412.7155 AMON G. CARTER FOUNDATION TRACT
N TX REG. ENGINEERING FIRM F-14438 SHELBY CO<dM1f SCHOOL LAND SURVEY,
TX REM SURVEYING FIRM LS-10193824 Agy�q� NO. i LAN
< dv.Iws ar cr,Fcxeao ey sc a�r� Leos xu�Isr CRY OF FORT WORTH. TARRANT CO(JNTY, TEXAS
RMT RSfPMD 1"=50' DEC. 2016 2685-16.131 PAGE 6 OF 8
Page 11 of 12
[EXHUMT log
0 25 50 100
GRAPHIC SCALE IN FEET
I
AMON G. CARTER FOUNDATION
PART OF FIRST TRACT
(VOL_ 3587, PG. 314)
PART OF 194.70 ACRES
(INST. NO. D205085655) i
W N 89 29'08" E 1134.90' i
W - _
cn
v � -
W fl �yy{[
z EEi�Y� V'M/�
8" W 3841.37'
<'i'innne t{{{{7tttt3 f
. 15—FOOT PERMANENT
F' ��� WATER FACILITY j
EASEMENT n �
1 (0
'"�rr��„rsssss� rrrrrr�rr�F 2.245 ACRESDo to
97,796 SF
W
AMON G. CAR NDI T10N 3 I
PART OF FIRST T, I✓T m
(VOL. 3587, PG 44f'�����ffff;
X PART OF 194.70 Aft «'$` i j 0
(INST. NO. D2050856A I En
"'«Illt fffi> O a
u
A �, z
W
m s
N
Q
� I U iJfJ,JJJ r� cck�
uuE
ATCH LINE (SEE PAGE 8)
IS
g 1. A �� ete and bounds description of even
su' ey ddtg3,herewith accompanies this plot
f ;
LEGEND of
PROPERTY LINE
FnsauENT LINE 2. Bearing, this survey is based on
PROPOSED EASEMENT the Te)(diNStq '3P1ane Coordinate System
LINE NAD 83, Nor,, Obl#*, Zane 4202, based on
POINT FOR CORNER observations m e;,, IAch 21, 2016 with a
(UNLESS OTHERWISE NOTED)
� combined scalef," ��������0032.
�3 (C.M.) - CONTROLLING MONUMENT - --
P.O.B.— POINT OF BEGINNING 15-FOOT P "ENT
INF
Q 1;
a
P.D.C.- POINT OF COMMENCING WATER FA
N EASEMENT
^ stoO WESTERN PL�,cE, sane torn PART OF
Pacheco Koch FORT YfORTF{, TX 1a� 517.4127155 AMON G. CARTER FOUNDATION TRACT
TX REG. ENGINEERING FM F-14439
N . ........-- TX REG. SURVEYING FIRM LS-10193524 SHELBY COUNTY SCHOOL LAND SURVEY,
ABSTRACT NO. 1375.
s awnwav er CAWCKM sr 8"LE narF .xse R CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
Fn RMT RS/PMD 1.-50- DEC. 2016 2685-16.131 PAGE 7 OF 8
Page 12 of 12
MATCH LINE (SEEPAGE 7) nn IP MATCH LINE (SEE "A")
2MMMMnno U f E x W U o W
N 00'37'31" W
387.732
N 89022'29" E
17.17' C4
rri
N 00'37'31" W 0 25 50 100 y'O-
15.00' N
S 89.22'29" W GRAPHIC SCALE IN FEET 3
17.1T
CV 1h
CA
CV to r j 4t
CV co O
11-6 a' N 89'22'29"LO
E a :-
d• 19.50'
N 00'37'31" W a
x_
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%% _ cn
S 89'22'29A W
ff'fnnne t{{{{ftttt3 0 19.50'
M O =
15—FOOT PERMAND(V 'A i� U
B7
fi
WATER FACILII ,,��;_ ,
EASEMEfT
2.245 ACRES ` ° � z
(97,796 SF)
j . „j„ S 89* 9'08" W
�Illl i�� JOEL EA S T 20.00'
.
O IIIII . ffr
� AMflN G. CARTER FOUNDAT]ON !!!i,' ?a�
PART OF FIRST TRACT �O�(VOL. 3587, PG. 314) €' ;:ffffff(
PART OF 194.70 ACRES
(INST. NO. D205085655)
LN S 1♦
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} 'a, ii v
Ir
1� VAAAAA������� .>}�izzzzzzzz�i
,zz t and bounds description of even
n s ey Xi`tf,; herewith accompanies this plat
LEGEND of'� dmfE
eyn ,
m — — — -- PROPERTY LINE
EASEMENT LINE 2• BB4fInCJr this survey is based an
% PROPOSED EASEMENT the Texd k q*,7 lane Coordinate System
— — LINE NAD 83, Norte I ' Zone 4202. based on
�
POINT FOR CORNER p observations e;jqn Rqrch 21, 2016 with a
e (UNLESS OTHERWISE NOTED) combined scale"'I o 0012.
(C.M.) - CONTROLLING MONUMENT
P.O.B.- POINT OF BEGINNING 15-FOOT PE � NENT
....
P.O.C.- WATER FA"
t Y POINT OF COMMENCING
NEASEMENT`"'
6100 WESTERN PLACE, SUITE 1041
Pacheco Koch FORT WORTH, TX 76107 a17.4is.7i55 P�.r OF <''
AMON G. CARTER FOUNDATION TRACT
C' Tx Rec. suRve
C Tx REG. ENGINEERING FIRM01 39 SHELBY COUNTY SCHOOL LAND SURVEY.
�nNO FIRM Ls-1-t0193824. ABET NO. 1375,
IWAN0 er CNE"9 v ar scALE CATS d409'Nuumm CITY OF FORT WORTH. TARRANT COUNTY, TEXAS
RMT RS/PMD 1"=50`... DEC. 2016 2685--16.131 PAGE 8 OF 8
File: K:\FTW—Civil\061310005— Rob Rlner — Project Rudolph\DwgAE.hmlts\E—Encroachment.dwg [E3 — section] 8/11/2021 4:15pm
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EXHIBIT D
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 13 of 13
PN21-00136 Revised 11/2020