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HomeMy WebLinkAboutContract 58150 Date Received: 09/30/2022 Permit Number: ?N21-00163 Time Received: 8:26 am City Secretary No.: 58150 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 EVERMAN FORT WORTH BUILDING 1 SPE, LLC, a(n) 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 425 West Everman Parkway, Fort Worth, Texas 76134 ("Property"), being more particularly described in the attached Exhibit "A" which is incorporated herein for all purposes; and WHEREAS, the City owns a waterline easement (the "together the Easements") within the property as shown in plat records of Tarrant County as plat number FP-17-403 and which is incorporated herein for all purposes as the attached Exhibit"B,"; and WHEREAS, Licensee desires to construct, place, and maintain certain improvcmeits which will encroach in, on, above,or below the Easem.-nts; 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 Easements 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 line (the "Encroachment'). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within the Easements. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or an the Easements beyond what is specifically described in Exhibit "C." OFFICIAL RECORD Tier 11 Easement Encroachment Agreement Page 1 of 13 CITY SECRETARY PN21.00163 Revised 1112020 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. 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 Easements, 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 Easements, 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 Easements 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,gz�IM lj.tyf'or any damages related to the Encroachment resulting from the City's use of the Easements; howqvei;.=tag 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 Easements 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 Easements, Licensee hereby gives City permission to remove the Encroachment and any supporting structures from the Easements, to restore the Easemetnts, 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 Easements 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($7OO.00). 7. Tier 11 Easement Encroachment Agreement Page 2 0£13 PN21-00163 Revised 11/2020 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. Any notices, certificates, approvals, or other communications required to be given by one Party to another under this agreement (a "Notice) shalt be given in writing addressed to the Party to notified at the address set forth below and shall be deemed given: (i) when the Notice is delivered via certified mail. If any date or period provided is this Agreement ends on a Saturday, Sunday, or legal holiday, the applicable period for calculating notice shall be extended to the first business day following the Saturday, Sunday, or legal holiday. For the purpose of giving any Notice, the addresses of the Parties are set forth below. The Parties may change the address set forth below by sending Notice of such changes to the other Party as provided in this section. To the City: City of Fort Worth,Texas Development Services Department 200 Texas Street Fort Worth, TX 76102 Attention: Director of Development Services To Licensee: Everman Fort Worth Building 4 SPE, LLC c/o ASB Capital Management LLC 7501 Wisconsin Avenue, Suite 130OW Bethesda, MD 20814 Attention:Nicolas Franzetti With a copy to: Raines Feldman 1800 Avenue of the Stars, 12`h Floor Los Angeles,CA 90067 Attention: Eric Blum With a copy to: DLA Piper 33 Arch Street 26"' Floor Tier II Easement Encroachment Agreement Page 3 of 13 PN21-00163 Revised 11/2020 Boston, Massachusetts 02110-1447 Attention: Barbara A.Trachtenberg 9. It is further understood and agreed between the parties hereto that the Easements to be used and encroached upon is held by City as trustee for the public;that City exercises such powers over the Easements 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 Easements 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 Easements 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. 10. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND LICENSEE HERESY 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. 11. 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 the easements as located and described in Exhibit "C." The amounts of such insurance shall be not less than $1,000,[](lil 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 wthten. notice to the Building Official of the City. A copy of such Certificate of Insurance is attached as Tier II Easement Encroachment Agreement Page 4 of 13 PN21-00163 Revised 11/2020 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 Easements. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. 12. 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. 13. 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 Easements. 14 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. 15. 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. 16. 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 Easements and is not a conveyance of any right, title, or interest in or to the Easements, 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. 17. 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 PN21-00163 Revised 11/2020 18. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. 19. 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. 20. 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. 21. This Agreement shall be binding upon the parties hereto and their successors and assigns. 22. 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 H Easement Encroachment Agreement Page 6 of 13 PN21-00163 Revised 11/2020 City: Licensee: EVERMAN FORT WORTH BUILDING 1 SPE,LLC, CITY OF FORT WORTH a Delaware limited liability company By: Everman Fort Worth Industrial Venture, I LC a Delaware limited liability company its sole member By: CAM Capital 439 LLC, .� a Delaware limited liability company By:Ili HaCHUCSep2%202209:29COn its manager D.J. Harrell, Director of the Development Services Department By: Jason Haas, Authorized Signatory Date: Sep 28, 2022 Date: FORT a OFooa0000,a��� P do o�d 0 ATTEST: �¢ a Approved As To Form and Legality �� �ooa000 a as�Ex�g4g .Tranno^i-e S Goodall J annette S.Goodall{Sep 29,202214:35 CDTI /+V'•4F� '�1��� Jannette Goodall, Thomas Royce Hansen City Secretary Assistant City Attorney Date: Sep 29, 2022 -- Date: Sep 27, 2022 Contract Compliance Manager: By signing I acknowledge that 1 am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. mAfi' 7-dza ar,&6d4f oyc rd,i r r T l I I y)n r:e), (4[Srp2 70;71 11rC.I; Janie S. Morales Development Services Date: Sep 27, 2022 OFFICIAL RECORD Tier 11 Easement Encroachment Agreement Page 7 of 13 CITY SECRETARY PN21-00163 Revised 11/2020 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 appeased DJ, Harrell, 1wr to me to be the person whose name is subscribed to the foregoing instrument, and ack!kgV4 0ged, ca„ 't}r , he executed the some 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 this28th day of September ,2022 WendL Digitally signed by YWendy L Beardslee 8eardslee Deate.20220928 4D? ('�k WENDY L BEARDSLEE 15:59:29-05'00' Notary Public Notary Public in and for the State of Texas * STATE ❑F TEXAS " Notary I.Q. 13323719.3 M Comm. Exp.July 28,2025 After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Wonh,Texas 76102 OFFICIAL RECORD CITY SECRETARY 'tier II Easement Encroachment Agreement Page 8 of 13 PN21-00163 Revised 11/2020 FT. WORTH, TX LICENSEE 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 --kWbW 2022 before me, rA 11 Notary Public-personally appeared Jason Haas, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the entity upon behalf of which the person acted,executed the instrument. I certify under PENALTY OF PERJURY he laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. XWNE TR W Wary Publtc-cawomia Lm Awls c01i� � Signature of Notary Public Cor misslon 1�2354574 g YMy f mra.FWIm OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX AGREEMENT OF LENDER Brighthouse Life Insurance Company,a Delaware corporation("Lender"), is the beneficiary of a Deed of Trust, Security Agreement and Fixture Filing (the "Deed of Trust") encumbering Licensee's property which was recorded September 30, 2021 under Tarrant County Official Public Records No. D221285636. Licensee and the City have informed Lender that the Deed of Trust encumbers all or a portion of the Property on which the Easement is located. Lender does not object to said Easement as so described. The Deed of Trust is hereby subordinated to said Easement only such that said Easement as so described shall not be extinguished by foreclosure of the Deed of Trust or voluntary transfer in lieu of such foreclosure. This agreement shall be binding upon and inure to the benefit of Lender and its successors and assigns as beneficiary under the Deed of Trust, BRIGHTHOUSE LIFE INSURANCE COMPANY, a Delaware corporation By: MetLife Investment Management, LLC, a Delaware limited liability company, Its Investment Manager By: / Name: Title:Authorized Signatory �]�r _- ACKNOWLEDGMENT STATE OF Tf k�46 } }sS. COUNTY OF � )c- �f a. } The foregoing instrument was acknowledged before me this �2S" day of ,An 2022, by Tb,-- the NI of C- on , a ix��ux,�z I , :�wl t� ,; r J behalf of the Tn v�5 �� Vv�, :�.+RYPrfa, KAT+iRYN DAHL Notary Public.State of Texas Notary P blic ., � Comm.Expires 06-06-2023 ''•.;��;;�`�AT Notary ID 132042127 My Commission Expires. c�-o u- zG z ,s EXHIBIT A Description of the Licensee's Property D221 221 7 08 Page 5 of 7 EXHIBIT A TO SPECIAL WARRANTY DEED Real Property Legal Description TRACT 4: Lot 1, Block 1, SOUTHLAND BUSINESS PARK ADDITION,an Addition to the City of Fort Worth, Tarrant County,Texas, according to the plat thereof recorded in instrument No. D217177927 of the Official Records of Tarrant County, Texas. TRACT 2: Easement Estate created in Declaration of Reciprocal Easements and Restrictions by Fort Worth EvermanlRisinger Development, LLC as set forth in instrument recorded under Clerk's File No.Z>2--0 2'Zcr?,jOfficial Records of Tarrant County,Texas_ n:IC Vrr�..�D61]626N_ran•aN SwU aap�a�c,ry�P..avW�6+kMWweerm.n�haw�K-��kn aieve�mm�i..a,o SWo�mY uhv] a/�a/�aas xavari. w.rk.aa1l-uo-a.a...nsa.a+ins=-,ar.o.u�iae.y ewe.-ei.ay.u-.i.r.a.�-u.r.�b�.-.i.r.o.n.1,e.�-.s.e.v a•��-r.e.o�d�.-r.-ea�eedas••�•�eaa-v�+.-oxa-a raan�rosx.s w+ar+w.a-a euu vn�n•seP�.va�...,i.e.a � y y rn c x 0 e sr C: T 9l1RLINGTdi NORiHERE� , 1 T n ^ 1 ' ' 4 (v] V/ RpNgLO K❑ p 9. l 71ElBER m Z C f 7 PRARIEN � n OO�99�c i j ,a�a a 1f i`✓1 fl Al1pIA ? �9i. C B RD Y T SUNR45E b _ � y mEtO p 1 ' 1 x ❑n 2 Mga 6ORd T m O PMEHURUT z ou G9 ! Z ` GHAELOT n be H 00 �\ A Ch 1 om z s mS= m A m3 fl] C 0 O 0 Z �111]fd ��.F n � T RE DALE„ + '�►J R GE ZZ R A b L WILY n O a 0 > m wp ,uC C auRLESON CAROINAL BRppA' w b` r 'J Iml 7 F K 7 mm OLO BURLPSOH D f i WILLROGERS D V/■i L FORUM o 0 WAY C omCROVE v G iiq[ �S•} iE�� ¢ ]� YS $ 4 no I��r SSSi a pi ��}g,} -� bQ �il � �� i, � x �f� 3Yt € i� I=1:•'"��#• i�#s#•tI;���I'�rli ;� 3I 1� -- } r }} F >� F � _ � �€ ¢ }. Ii�#i��fl���S3 r•ii•��r�!•�:3 ��€ fill A a R## "g� � grl Igr ;'�'•.' ��1� } }�i�: �� � � I I: n r�i �it � � �€€�� �� � �! � �:��1E ��� �€3� IT I I I 1 � �• ; � II a ��� � ::`. :'� C •,� -� � �z �i II ��7� $ C�,. o4i AIuiERON HILL POINT v sozrsi roov ; a N_ L � 6 t ;; a � F�. i i� f,i � } �I•t �i . r i I i y g� W _ 1 I iliIi �#•,r' rir �li Ilt ] ii T� ;1 " Efer ri� _!! ;��;pr• # 11 G rn m[O?1 i P :} Ii i`t€e t•I I!# �# }fI ;1;s } !i } Pl r rii $ ao y c. I 1;� �� j jEII E} i ; yE � 1 � Ti m Mt!' p � f �/ � �a `�''n� i I €�� 1 �� }. k �� ! �• r �i# r i �{�I EIS rr� rl:r �`i� �; � t I 1;��� Ili i lip I lilt ' i �}li' T iIJt(I i ; �f It i ii; ;Ir I 31 li rl #i I Q. fill # #P ilI s i t „ T!�'E=F .•.ro-ca-.x�.ve..�a�n.i...nwn.�,.....on ner�n ..s.i r.0.xn a.w «-F,i-... EXHIBIT C Depiction and description of the Encroachment LEGAL DESCRIPTION EASEMENT ENCROACHMENT BEING a 300 square foot (0.0069 acre)tract of land situated in the James J. Scott Survey, Abstract No, 1449, City of Fort Worth, Tarrant County, Texas and said tract being part of Lot 1, Block 1, Southland Business Park Addition, an addition to the City of Fort Worth according to the plat recorded in Instrument No. D217177927 of the Official Public Records,Tarrant County, Texas; said tract being more particularly described as follows: COMMENCING at an 518-inch iron rod with cap stamped "KHA" found in the south right-of-way line of Everman Parkway{a variable width right-of-way}; said point also being the northeast corner of said Lot 1; THENCE departing the said south line of Everman Parkway and along the east line of said Lot 1 the following three (3)calls: South 12°43'20" East, a distance of 109.89 feet to a point; said point being the beginning of a tangent curve to the right; In a southeasterly direction along said curve to the right, having a radius of 230.00 feet, a central angle of 12°16'30", and a chord bearing and distance of South 6035'05" East, 49.18 feet and an arc distance of 49.27 feet to a point; South 0'26'51" East, a distance of 320.00 feet to a point; THENCE South 89933'09" West, departing the said east line of Lot 1, a distance of 45.00 feet to the POINT OF BEGINNING; said point being in the east line of a 15-foot water line easement as recorded in Instrument No. ❑217152183 of the said Official Public Records; THENCE South 00026'51" East, along the east line of said 15-foot water line easement, a distance of 20.00 feet to a point for corner; EASEMENT ENCROACHMENT PART OF LOT 1, BLOCK 1 SOUTHLAND BUSINESS PARK ADDITION JAMES J. SCOTT SURVEY, ABSTRACT NO. 1449 CITY OF FORT WORTH TARRANT COUNTY, TEXAS Kim l Lm * Horn 801 cherry Streel,unit 11,#Inn Ar Tel.No.(817)335-6511 Fart Worth,Tom 76102 FIRM#10194040 "N".R I0V-horn.com Scele I Qfa n by I Checked by tv Pro ecl No, 5 eet No. NIA CDP MCB 11211512022 1 061282615 1 11F 3 81LLINGSLEY.MICHAEL 211512022 2:3B PM K:1FTW SURVEY1061282615-FORT WORTH SOUTH-WATT SLOlNG%W1282615-FORT WORTH SOUTH PH II 8LOG 1_ENCROACHMENT,DWG THENCE South 89*33'09" West, departing the said east line of the 15-foot water line easement, a distance of 15.00 feet to a point for corner in the west line of said 15-foot water line easement; THENCE North 00°26'51"West, along the said west line of the 15-foot water line easement, a distance of 20.00 feet to a point for corner; THENCE North 89033'09" East, departing the said west line of the 15-foot water line easement, a distance of 15.00 feet to the POINT GP BEGINNING and containing 300 square feet or 0.0069 acres of land, more or less. NOTES Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone(4202). A survey plat of even survey date herewith accompanies this metes&bounds description. The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the encroachment tract. EASEMENT ENCROACHMENT PART OF LOT 1, BLOCK 1 SOUTHLAND BUSINESS PARK ADDITION JAMES J. COTT SURVEY, OT f`9 ABSTRACT NO. 1449 MICHAEL C. BILLINGSLEY �''�' D•''•;5'. CITY OF FORT WORTH REGISTERED PROFESSIONAL *�• '• •••.•••••••••••••••••••••••.••• TARRANT COUNTY, TEXAS LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY 01 CHERRY STREET, ..�.. ...6558 U ....., Kid gy A.* Horn UNIT 11 SUITE 1300 R FORT WORTH, TEXAS 76102 �9''��F�5 51��'•off 801 Cherry Street,Unit 11. 7 KID.(817)333-861 1 PH. 817-335-6511 D L R v E Fort Warlh,Texas 76102 FIRM#10194040 mw.klmleg-horn.cm. mirhael,�illingsley@kimley-horn.com 5=ta ra Checked by o Shee}No. N7A COP MC8 02/1512022 1 061282615 2 CF 3 6pL' i;xe,EaYr;',sP. H �L?11512022 2:38 PM X'TTW SURVEY1061282615-FORT WORTH SOU7H-WA77SkDWG%512a2615-FORT WORTH SOU TH_PH ll_OIL l7G 1 E NCROACHME NT.DVVG P.O.C. NQRTN _ � PARKWAY 0 30 51) V�RI p' IGH-T-oFANAY) 518"IRFC IA�L N11d�H QLfBLIC R "KHA"(C.M.) to VAR 1 GRAPHIC SCALE IN FEET ` N LOT 1, BLOCK 1 l 1 Nl SOUTHLAN❑ BUSINESS PARK ADDITION (INST. NO. D217177927) 1 1 iA 1 l EVERMAN FORT WORTH ` BUILDING 1 SPE,LLG l ` (INST.NO.D221221708) w �n 4 �d Her Cn { 1 io d corn Ly r���i1 S LINE TABLE I �'" z z NO. BEARING LENGTH 6 � cnDo 0 m 0 N L1 589°33'09"W 45.00' I I m ❑ L2 500°26'S1"E 20.00' I I _ �r Z D Q L3 589'33'09"W 15.00' N J d W L4 N00"26'51"W 20,00' w .n L5 N89.33'09"E 15.00' 15'WATER LINE EASEMENT (INST.NO.D217152183) ~l ~I LEGEND EASEMENT I L5 I L, -4 P.O.G.=POINT OF COMMENCING ENCROACHMENT J I P.O.B.=POINT OF BEGINNING 0.0069 ACRES ERFC=IRON ROD WITH CAP FOUND L3 L2 P.O.B. C.M.=CONTROLLING MONUMENT 300 SQ. FT. ' NOTES Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone(4202). A metes and bounds description of even survey date herewith accompanies this survey plat. The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey plat accurately sets out the metes and bounds of the encroachment tract, EASEMENT ENCROACHMENT PART OF LOT 1, BLOCK 1 SOUTHLAND BUSINESS PARK ADDITION JAMES J. SCOTT SURVEY, Wp -r�`r4 ABSTRACT NO. 1449 MICt-CAFE _ BILLINGSLEY �:'• `�b•'••s CITY OF FORT WORTH REOISIERED PROFESSIONAL J*' LAND SURVEYOR NO, 6558 TARRANT COUNTY, TEXAS MICHAEL CLEO BILLINGSLEY UN CHERRY STREET, "•'•'6558"•'"' Kimley* Horn UNIT 11 SUITE 1300 ' •� Qom;:FORT V ORTH, TEXAS 76102 �9'�qFES S�6�•• 801 Che ry Sireel, Jnit i1.C 530 Tel.No.[817]335551 5 Y,•''••••• '•' 1 Fort Worth,T8za5 76102 FIRM 0 10104040 W� .kimlay-hom,cam PH. 817-335-6511 ° s ��,�E michaei.billingsley@kimley-horn.com 5=�e I or^nv I Chocked by I o eat o 5 eetNo. 1-=eo• COP Mcs o21IW2o22 061282616 30r3 BILLINGSLEY,MICHAEL 2/15/2022 2:38 PM K�TTW SURVEY1061262615•FORT WORTH SOUTH-WATTS0WG1961282615•FORT WORTH SOLI TN PH II BLDG 1 ENCROACHMENT.DWG ■ ICI . �irruruniiirrru[��[[[[_�_i ""'"Sl�r111i111118i11rail �� r � >s ply ■ mZ ■■ � �. � �. - ■ ~ • ■NONE■■: fr3; ■NOON■■■ co cn co '`r lid �■ i:.:::...■■■■■■■■:� , .. aaaaa [[rr[■rr---illN ------r11N1gr.rr��iiiiiar3l�.rr�tr�i�iiirrrf urn yi �� IIIIIIIIM� r aw II►. t a a a a a IW,YCH iwe na 761D0.9EE au=er 0104 3 psi I - r s ¢ � f l § n z� j 3 ' sa :� i a� aNJ w.v.wccr A r.,,m - WATER ANO SANFTARY SEWER _ WATER LINE A,5TA IMPROVE SERVE ww m,. E Kimley>>}Horn Lin SflI ILAND BUSINESS PARK 9 38+flp TO END LOT 1,BLOCK 1 CITY OF FORT WORK TEXAS 4 �•' I .zworu an �, EXHIBIT D Certificate of Insurance