HomeMy WebLinkAboutContract 58329 Date Received: 10/28/2022 Recordl`umber: PN22-00122
Time Received: 2,49 pm City Secretary No.: 58329
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 Texas Wesleyan University, a(n)
Texas nonprofit corporation ("Licensee"), acting by and through its duly authorized
University President.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 2908 Ave E,
Fort Worth, Texas 75105 ("Property"), being more particularly described in the attached
Exhibit"A"which is incorporated herein for all purposes; and
WHEREAS, the City owns a water facility easement (the "Public Property")
adjacent to the Property as shown in the attached Exhibit "B," which is incorporated
herein for all purposes, and as recorded in the Deed records of Tarrant County as number
D222235522; 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,
installajg, and maintaining a private drainage (the "Ene ro achme nt"). 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 Q Easement Encowhment Agreement
PN22r00122 CITY SECRETARY
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
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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 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.
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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,
WEIETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION
WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION,
MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE
ENCROACHMENT AND USES GRANTED HEREUNDER,WHETHER OR NOT
CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF
THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND
RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL
LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL
INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY
PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE
ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF
LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS,LICENSEES,OR INVITEES.
10.
While this Agreement is in effect, Licensee agrees to furnish City with a
Certificate of Insurance naming City as certificate holder as proof that is has secured and
paid for a policy of public liability insurance covering all public risks related to the
proposed use and occupancy of public property as located and described in Exhibit "C."
The amounts of such insurance shall be not less than
$190009000
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.
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PN22-00122 03/2022
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.
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PN22-00122 03/2022
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]
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PN22-00122 03/2022
City; Licensee:
CITY OF FORT WORTH Texas Wesleyan University
A T onpro tt of
By:),HweII iO�6.2022c.9 T R : �w
D.J. Harrell, Director of the Name:Fred Slabach
Development Services Department Title: University President
Date: act 25, 2022 Date: I40
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ATTEST: 0*ao °o=p Approved As To Form and Legality
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TanngH-e 5.600dall aa�Aixa�4�p
Jannet[e S.Co dall(6c3 26.2022 14:05 COT) -
Jannette Goodall Thomas Royce Hansen
City Secretary Assistant City Attorney
Date: Oct 26, 2022
Date: Oct 24, 2022
Contract Compliance Manager:
By signing I acknowledge that I any the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements,
&Uff 7-dzv 0"y de>6'a4Fof-
Matt Tillyon behP of Oct 24.2022 1933 C
Janie S. Morales
Development Services
Date: Oct 24, 2022
OFFICIAL RECORD
CITY SECRETARY
Tier 11 Fasenxnt Fjicrcachnicnt Agicentent FT.WORTH, TX 3
PN22-00122 03/2022
' • ! ' ! 1 ' 1 ' i 1
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned autlwrity, a Notary Public in and for the State of
Texas, on this day personalty 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 25th day of
October 320 22 .
WendL� Digitally signed by
Y Wendy L Beardslee Date:
Beardslee 2022.10.25093a35 0�Y PGsc. WENDY L BEARDSLEE
05100, z Notary Public
Notary Public in and for the State of Texas * * STATE OF TEXAS
Notary I.D. 13323719-3
9�OF K4y Comm. Exp. July 28, 2025
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Tier D Easement Fncmachment Agreement Page 8 of 13
PN22-00122 ON2022
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
1 Q aS on this day personally appeared Fred Slabavh, University President (Title)
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 Texas Wesleyan University, a Texas nonprofit
corporation (cntity type), and ir the capacity therein stated.
fj
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 18 day of
20 ZZ, .
SAERRY L SANDLES
Notary Public in and for the + Notary ID#1 2 59992 50
f_ - wry:.ammisrsun Expires
State 'if �i a septemoer ]a, 2U13
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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PN27-00122 0312022
EXHIBIT A
Legal Description of the Licensee's Property
Lots 3 and 4,Block 7 and Lots,9, 10, 11, and 12,Block 9,Polytechnic Heights
Addition, an Addition to the City of Fort Worth, Tarrant County, Texas,according
to the plat thereofrecorded in Volume 63,Page 109,Plat Records,Tarrant County,
Texas.
Lot S,Block 9, of Polytechnic Heights Addition, an Addition to the City of Fort
Worth, Tarrant County, Texas,according to the Map or Plat thereofrecorded in
Volume 63,Page 109,of the Plat Records of Tarrant County, Texas.
Lot 7,Block 9,of Polytechnic Heights Addition, an addition to the City of Fort
Worth, Tarrant County, Texas,according to the Map or Plat thereofrecorded in
Volume 63,Page 109,Plat Records, Tarrant County, Texas.
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PN22-00122 03/2022
EXHIBIT B
Depiction of the Public Property
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❑222235522 09/26/2022 04:08 PM Page: 1 of 6 Fee: $39.00 Submitter: COFW CFA OFFICE
Electronically Recorded by Tarrant County Clerk in Official Public Records
MARY LOUISE NICHOLSON
COUNTY CLERK
CPN 104158—Texas Wesleyan Athletic Complex W15S
Pa reel 01
)-1- U- e n u c D
Lots 7 thru 12,Block 9,Polytechnic Heights Addition
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT §
CITY OF FORT WORTH
PERMANENT WATER FACILITY EASEMENT
DATE: Sep 26, 2022
GRANTOR: TEXAS WESLEYAN UNIVERSITY
GRANTOR'S MAILING ADDRESS (including County):
1201 WESLEYAN STREET
FORT WORTH,TARRANT COUNTY,TX 76105
GRANTEE: CITY OF FORT WORTH
GRANTEE'S MAILING ADDRESS (including County):
200 TEXAS ST.
FORT WORTH,TARRANT COUNTY,TX 76102
GONS:IDERATION: Ten Dollars ($I0.00) and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged.
EASEMENT PROPERTY: Being more particularly described in the attached Exhibits "A"
and "B"
Grantor,for the Consideration paid to Grantor and other good and valuable consideration, hereby
grants, sells, and conveys to Grantee, its successors and. assigns,-an exclusive, perpetual
easement for the construction, operation, maintenance, replacement, upgrade, and repair of a
Permanent Water Main Facility (hereafter referred to as "Facility"). The Facility includes all
incidental underground and aboveground attachments, equipment and appurtenances, including,
but not limited to manholes, manhole vents, lateral line connections, valves, pipelines, water
rrieters,junction boxes in, upon, under and across a portion of the Easement Property and more
FORTWORTH.
Fcrmam:M Water F-Pity kascinv+l
Rev.12nw2I
D222235522 Page 2 of 6
fully described in Exhibits "A" and "B" attached hereto and incorporated herein for all
pertinent purposes, together with the right and privilege at any and all times to enter the
Easement Property, or any part thereof, for the purpose of constructing, operating, maintaining,
replacing, upgrading,and repairing said Facility.
In no event shall Grantor (I) 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 surface
improvements located upon or adjacent to the Easement Property which may have been
removed, relocated, altered, damaged, or destroyed as a result of the Grantee's use of the
Easement Property granted hereunder. Provided,however,that Grantee shall not be obligated to
restore or replace irrigation systems or other improvements installed in violation of the
provisions and intended use of this Easement Property.
TO HAVE AND TO HOLD the above-described Easement Property, together with all and
singular the rights and appurtenances thereto in any way belonging unto Grantee, and Grantee's
successors and assigns forever; and Grantor does hereby bind itself and its successor and assigns
to warrant and forever defend all and singular the Easement Property unto Grantee, its successor
and assigns, against every person whomsoever lawfully claiming or to claim the same, or any
part thereof.
When the context requires, singular nouns and pronouns include the plural.
tSIGNATURES APPEAR ON THE FOLLOWING PAGES]
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Pm manes Wafer W1 ky k;%emenl
Rev.12nj2621
D222235622 Page 3 of 6
GRANTOR.
TEXAS WESLEYAN UNIVERSITY,
a Texas non-profit corporation
By: .J
Name: 4
Title: J ►'E'�IC1' 'r7
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF k ar"iran §
BEFORE ME, the undersigned authority, a Notary Public in and for the
FF State of
TEXAS, on this day personally appeared F [_e ri c k C7.
known to me to be the same person whose name is subscribed to the foregoing instrument, and
acknowledged to me that the same was the act of TEXAS 'WESLEYAN UNIVERSITY and
that he/she executed the same as the act of said entity for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
AR 1wT ,20-Z 4.
No o a f Texas
SHERRY 1.SANOLES
+ Notary ID N125R9475d
r r My Commission Expires
September 14. 2023
4RT��t7HTH.
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Rcv,12Y212021
D222235522 Page 4 of 6
GRANTEE: CITY OF FORT WORTH
n 'Scr.�-ra�ir7o f
By: Rana eurghdo(f( 76,7 16.19 CS)T[
Dana Burghdoff
Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
By: 6 a
Name: Thomas Hansen
Assistant City Attorney
CONTRACT COMPLIANCE MANAGER:
By signing, I acknowledge that I am the person responsible for the monitoring and
administration of this contract, including ensuring all performance and reporting requirements.
By;
Janie Searlett Morales
Planning Manager
ACKNOWLEDGEMENT
THE 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 Dana Burghdoff, Assistant CHy Manager of the
CITY OF FORT WORTH, known to me to be the same person whose name is subscribed to
the foregoing instrument, and acknowledged to me that the same was the act of the CITY OF
FORT WORTH and that he executed the same for the purposes and consideration therein
expressed and,in the capacity,therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
20 22 .
�* o
MATT TILLY Notary Public.in and for th a of TEXAS
Notary Public
STATE OF TEXAS
I0#133026152
'i �+w°"` My Comm.Exp.Apr.o9,2tl�s
Fotrr4 Wow .
rcrrm0car wlk7 rredriy Enxmmk
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EXHIB IT C
Depiction and description of the Encroachment
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1)222235522 Page 5 of 6
JPH Land Surveying, Inc.
1,aN d
D,F.W. * Central Texas * West Texas * Houston
EXHIBIT" A "
PAGE 1 OF 2
PROPERTY DESCRIPTION
FIELD NOTES to that certain tract being a portion of Lots 7-12,Block Su 1'4 eo
9,Polytechnic Heights Addition,an addition in the City of Fort Worth,
Tarrant County,Texas,according to the plat recorded in Volume 63,Page 109,Plat Records,
Tarrant County,Texas,said tract being a portion of the tract described in the deed to Texas
Wesleyan University recorded under Instrument Number D214084748(Lot 7,Block 9),
D216023279(Lot 8,Block 9),and D198113274(Lots 9-12,Block 9),Official Public
Records,Tarrant County,Texas;the subject tract.is more particularly described as follows
(bearings are based on the Texas Coordinate System of 1983,North Central Zone):
COMMENCING at a 518 inch rebar found at the southwest corner of said.Lot 7, from which
a 112 inch capped rebar stamped "JPH Land Surveying" set at the northwest comer of Lot 7
bears FORTH 00" 17' 30" WEST, a distance of 125.00 feet; 'THENCE NORTH 00°17'30"
WEST,with the west line of Lot 7,04T
JKaoM9f 108,00 ftj 1 `the POINT OF BEGINNING;
THEN& NORTH%-117 3 WEST,continuing with the west line of Lot 7,a distance of
15.00 feet,
THENCE NORTH 8903 F44"EAST,through the interior of Lots 7-12,and being 2.00 feet
south of and parallel with the south line of a 16 foot alley(as dedicated on the
plat to Polytechnic Heights),a distance of 300.00 feet to the east line of Lot 12,
f-ma,which-,A 112 inch capped rebar stamped "JPH Land Surveying" set at the
northeast corner of Lot 12,bears NORTH 00' 17' 30"EAST,a distance of2.00
feet;
THENCE SOUTH 0001 T30"FAST,with the east line of Lot 12,a distance of 15.00 feet;
THENCE SOUTH 89031'44" WEST, through the interior of Lots 7-12, a distance of
300.00 feet returning to the POINT OF BEGINNING and enclosing 4,500
square feet.
September 15,2022 Project N9 2020.103.003--Easement 3 Proposal N2 DFW5711
Dallas-Fort Worth Central Texas West Texas Houston
785 Lonesome Dove Tr. 1516 E.Palm Valley Blvd.,,A4 426 Graham Street 11511 Katy Fwy.,515
Hurst,Texas 76054 Round Rock,Texas 78664 T ssdoW,' exas 79562 Houston,Texas 77079
(817)431-4971 (512)778-5688 (325)672-7420 (281)812-2242
FIRM#100195001 WWW.JPHI ANDSURVEY1NG.00M
D222235622 Page 6 of 6
EXHIBIT " B "
M
ONUMENTS 1 BEARING BASIS PAGE 2 OF 2 LEGEND OF ABBREVIATIONS
rebar stamped"JPH Land Surveying"set P.R.T.C.T. Nat Records'of Tarrant County, eras
nail&washer stamped"JPH Land Surveying"set O.P.R.T,C.T. Official Public Records of Tarrant County,Texas
Monuments are found if not marked MNS or CRS. D.R.T,C.T. Deed Records of Tarrant County,Texas k
Bearings are based on Grid North,Texas Coordinate POB/POC Paint of Beginuing/Point of Co tmm"'g
System of 1983,North Central Zone R.O.W. Right Of Way
Q Vertex or common point(not a monument)
BLOCK 9
POLYTECHNICHEIGHTSADI MON
VOL.63,PG.109
o P.R.T.C.T.
LOT 6 LOT 5 LOT 4 LOT 3 LOT 2 CCU LOT 1
16'ALLEY(VOL.63,PG.109.P.R.T.C.T.)
P.C.B. C1L9 CMIRSIM
00
J7
a M BLOCK 9 2500 SQUARE FEET
[� W Vii 7a o POLYTECHNIC HEIGHTS ADDITIONNr
�❑ w v A F" VOL.63,PGr,109 Ul �t�
p.; cn C1 P.R.T.C.T. Q
¢' F ' ' TEXAS WESLEYAN W a
❑ '" a p A UNWERSNY o in
o ' w TNSTRUMENTltD198113274
D.R.T.C.T.
H
P.O.C. LdT 7 LOT 8 LOT 9 LOT 10 LOT 11 LOT 12
518• °"� AVENUE D
VOL.63,PG.109,P.R.T.C.T.
6a Rt O.W.
Line Data Table
Line# Big Distance
L1 N00*1730"W 108.00'
L2 N00°17'30"W 15.00'
L3 NW3144"E 300.00'
1A S000 17'30"E 15.00'
L5 SW31'44"W 300.00'
wdA
y a N d Jewel Chadd y i¢
3
Registered Professional
/ Land Surveyor No.5754 ••"9
jewel�7alphls.com
/ 0 60' August 25,2022 ��5
September 15,2s :lilter . erfiaforrx �an
EXHIBIT SHOWING
S u t Scale: i'=60' 4 5 O 0 SQUARE UA.RE FEET
JPH Job No.
2020.103-003 Texas Wesleyan,Fort Wortb,TaTnwt Cv.,TX- BEING A PORTION OFF
EASEMF-NT 3.dwg LOTS 7--12, BLOCK 9
®2022 JPH Land Surveying,Inc.-All Rights Reserved
785 Lonesome Dove Trail,Hurst,Texas 76054 POLYTECHNIC HEIGHTS
Telephone(817)431-4971 www,jphlaudsurveying.com
TSPELS Firm#10019500 ADDITION
DFW I Central Texas I West Texas I Houston CITY OF FORT WORTH,TARRANT COUNTY,TEXAS
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ENGINEERING 6 DESIGN MAPSCO NO.078K N 1 in=400e
CITY PROJECT NO.1041.58
3601 OLYMPUS BLVO STE 100
DALLAS.Tx 75019 PROJECT CLIENT PROIECTf�Il1MBFJZ $HR7:469-899.053E
WWW.KFM-LLC.COM TWU ATHLETIC COMPLEX TEXAS WESLEYAN 0°0031p01
TB PE:F-20821 FORT WORTH,TEXAS AILY08,2022 10F x
JPH Land Surveying, Inc.
taNd
D.F.W. * Central Texas * West Texas * Houston
EXHIBIT " 1 .1 '
PAGE 1 OF 2
PROPERTY DESCRIPTION
FIELD NOTES to that certain tract being a portion of Lot 7, Block 9, Sup�4 e�
Polytechnic Heights Addition, an addition in the City of Fort Worth,
Tarrant County, Texas, according to the plat recorded in Volume 63, Page 109, Plat Records,
Tarrant County, Texas, said tract being a portion of the tract described in the deed to Texas
Wesleyan University recorded under Instrument Number D214084748, Official Public
Records, Tarrant County, Texas; the subject tract is more particularly described as follows
(bearings are based on the Texas Coordinate System of 1983,North Central Zone)
COMMENCING at a 518 inch rebar found at the southwest corner of said Lot 7, on the east
right-of-way line of Thrall Street (a 60-foot right of way as dedicated by the plat of the
Polytechnic Heights), from which a 112 inch rebar found 1.35 feet north of the calculated
southwest corner of Lot 6, of the said Polytechnic Heights bears NORTH 00'17'30"WEST, a
distance of 142.35 feet; THENCE NORTH 00°17'30" WEST, with the east right-of-way line
of said Thrall Street,a distance of 108.00 feet to the POINT OF BEGINNING;
THENCE NORTH 00°17'30" WEST, counting with the east right-of-way line of Thrall
Street, a distance of 15.00 feet;
THENCE through the interior of Lot 7, the following calls:
1. NORTH 89031'44" EAST, being 2.00 feet south of and parallel with the north
line of Lot 7, a distance of 5.00 feet;
2. SOUTH 00017'30"EAST,a distance of 15.00 feet;
3. SOUTH 89°31'44"WEST, a distance of 5.00 feet returning to the POINT OF
BEGINNING and containing 75 square feet.
August 4, 2022
Project Ns 2020.103.003—Easement 1
Proposal Ns DFW5711
Dallas.-Fort North Central'Texas West Texas Houston
785 Lonesome Dove Tr. 1516 E.Palm Valley Blvd.,A4 426 Graham Street 11511 Katy Fwy.,300
Hurst,Texas 76054 Round Rock,Texas 78664 Tuscola,Texas 79562 Houston,Texas 77079
(817)431-4971 (512)778-5688 (325)672-7420 (281)812-2242
FIRM#100 1 9500 1 WWW.JPHLANDSURVEYING_COM
EX IIBIT " 1 .2 "
FRMSO
ONUMENTS 1 BEARING BASIS PAGE 2 OF 2 LEGEND OF ABBREVIATIONS
"rebar stamped"JPH Land Surveying" set P.R.T.C.T. Plat Records of Tarrant County,Texas
g nail&washer stamped"JPH Land Surveying" set O.P.R T.C.T. Official Public Records of Tarrant County,Texas
Monuments are found if not marked MNS or CRS. D.R.T.C.T. Deed Records of Tarrant County,Texas
Bearings are based on Grid North,Texas Coordinate POB/POC Point of Beginning/Point of Commencing
System of 1983,North Central Zone R.O.W. Right Of Way
D Vertex or common point(not a monument)
1 BLOCK 9
POLYTECHNIC HEIGH7SADDMON
VOL.63,PG.109
P.&T.C.T.
RESAR LOT 6 LOT 5
BEARS NORTH 1.35'
FROM SOUTHWEST
CORNER I.OT b
L2 16'ALLEY(VOL.63,PG. 109,P.R.T.C.T.)
Line Data Table
L3 I Line# Bearing Distance
a
P.O.B. 75 SQUARE FEET L1 S00917'30"E 15.00'
L4 L2 N89031'44"E 5.00'
Ln 1 1.3 S006 17'30"E 15.00'
N BLOCK 9
POLYTECHNIC HEIGHTS
1.4 S89-31'44"W 5.W
ADDITION
v D y VOL.63,PG. 109
P.R.T.C.T.
m � 4,
a
a 0
H
P.O.C. LOT 7 LO7 S
B"KEBAB
AVENUE D
VOL.63,PG.109,P.RT.C.T. y�
60'R.O.W. OFF E""!
Jewel Chadd ��a� Zf-RED
Registered Professional &a
L a d Land Surveyor No.5754
jewelgphls.com •• 5I� '
August 4,2022
�JYD77 s
J
o 40'
Ll
EXHIBIT SHOWING
Scale: 1"=40'
]PH Job No. 75 SQUARE FEET
2020.103.003 Texas Wesleyan,Fort Worth,Tarrant CO.,TX- being a portion of
EASEMENT l.dwg LOT 7 BLOCK 9
®2022 JPH Land Surveying,Inc.-All Rights Reserved 7
785 Lonesome Dove Trail,Hurst,Texas 76054 POLYTECHNIC HEIGHTS
Telephone(817)431-4971 www.jphlandsurveying.com
TBPELS Firm#10019500 CITY OF FORT WORTH
❑FW I Central Texas I West Texas I Houston TARRANT COUNTY,TEXAS
JPH Land Surveying, Inc.
taNd
D.F.W. * Central Texas * West Texas * Houston
EXHIBIT ,, 2.1
PAGE 1 OF 2
PROPERTY DESCRIPTION
FIELD NOTES to that certain tract being a portion of Lot 12, Block 9, e�
Polytechnic Heights Addition, an addition in the City of Fort Worth,
Sup
Tarrant County, Texas, according to the plat recorded in Volume 63, Page 109, Plat Records,
Tarrant County, Texas, said tract being a portion of the tract described in the deed to Texas
Wesleyan University recorded under Instrument Number D 198113274, Official Public
Records, Tarrant County, Texas; the subject tract is more particularly described as follows
(bearings are based on the Texas Coordinate System of 1983,North Central Zone):
COMMENCING at a 518 inch rebar found at the southwest corner of the Lot 7, of the said
Polytechnic Heights Addition, on the east right-of-way line of Thrall Street (a 60-foot right of
way as dedicated by the plat of the Polytechnic Heights),THENCE NORTH 00°17130"WEST,
with the east right-of--way line of Thrall Street,a distance of 125.00 feet to the northwest comer
of the said Lot 7,from which a 112 inch rebar found 1.35 feet north of the calculated southwest
corner of Lot 6, of the said Polytechnic Heights, bears NORTH 00°17'30" WEST, a distance
of 17.35 feet; THENCE NORTH 89°31'44" EAST, with the south line of a 16-foot alley as
dedicated by the plat of Polytechnic Heights, a distance of 300.00 feet to the northeast corner
of Lot 12,and being on the west right-of-way line of Binkley Street(a 50-foot right of way as
dedicated by the plat of Polytechnic Heights); THENCE SOUTH 00°17'30" EAST, with the
said west right-of-way line of the said Binkley Street,a distance of 2.00 feet to the POINT OF
BEGINNING;
THENCE SOUTH 00017'30"EAST,continuing with the west right-of-way line of Binkley
Street, a distance of 15.00 feet;
THENCE through the interior of Lot 12, the following calls;
1. SOUTH 89031'44"WEST, a distance of 10.00 feet;
2. NORTH 00017'30"WEST, a distance of 15.00 feet;
3. NORTH 89°31'44" EAST, being 2.00 feet south of and parallel with the south
line of the said 16-foot alley,a distance of 10.00 feet returning to the POINT OF
BEGINNING and containing 150 square feet.
August 4, 2022
Project Ns 2020.103.003—Easement 2
Proposal Ns DFW5711
Dallas-Fort North Central Texas West Texas Houston
785 Lonesome Dove Tr. 1516 E.Palm Valley Blvd.,A4 426 Graham Street 11511 Katy Fwy.,300
Hurst,Texas 76054 Round Rock,Texas 78664 Tuscola,Texas 79562 Houston,Texas 77079
(817)431-4971 (512)778-5688 (325)672-7420 (281)812-2242
FIRM#100 1 9500 1 WWW.JPHLANDSURVEYING_COM
EX IIBIT "2.2 "
FMNSO
ONUMENTS 1 BEARING BASIS PAGE 2 OF 2 LEGEND OF ABBREVIATIONS
"rebar stamped "JPH Land Surveying" set P.R.T.C.T. Plat Retards of Tarrant County,Texas
g nail&washer stamped"JPH Land Surveying" set O.P.R.T.C.T. Official Public Records of Tarrant County,Texas
Monuments are found if not marked MNS or CRS. ❑.R.T.C.T. Deed Records of Tarrant County,Texas
Bearings are based on Grid North,Texas Coordinate POB/POC Point of Beginning/Point of Commencing
System of 1983,North Central Tone R.O.W. Right Of Way
0 Vertex or common point(not a monument)
BLOCK 9
POLYTECHNIC HEIGHTSADDITTON
VOL.63,PG. 109
P.R.T.C.T.
in-R LOT 6 LOT 2 LOT 1
T� nR.ARS NORTH 135'f. =S7JLT17IWES
,�fi SB c°RN�R wra VL
16'ALLEY(VOL,63,PG.109,P.R.T.C.T.)
P.O.B.
N89031'44"E 300.00' L4
S000 1 T30"E
M � 2.00'
� 150 S UARE L2
I FEET
W BLOCK 9 W
POLYTECHNIC
0 3 a HEIGHTS ADDITION
Jewel Chadd 7 a4 °
� � VOL. 63,PG. 1�9 � �3
°
Registered Professional �;lipg P.R.T.C.T.1 v
Land Surveyor No. 5754 o zI TEXAS WESLEYAN w
jewel@jphls.com > UNIVERSITY C
August 4,2022 H INST.# D 198113274
D.R. C.T. (�
P.O.C. LOT 7
5,,,REsnR LOT 11 LOT 12
AVENUE D
VOL.63,PG. 109,P.R.T.C.T.
60'R.D.W. Line Data Table
Line# Bearing ❑istanec
Ll S00°17'30'T I5,[I0'
L2 SW31'44"W W.00,
5
\ L3 N00°17'30W 15.10'
L4 N81P31'44"E 10.(10'
1 40'
L�
1
t' Scale: V=40'
EXHIBIT SHOWING
JPH Job No. 150 SQUARE FEET
f2020.103.003 Texas Wesleyan,Fort Worth,Tarrant Co.,TX- BEING A PORTION OF
EASEMENT 2.dwgLOT 12, BLOCK 9
2022 JPH Land Surveying,Inc.-All Rights Reserved
785 Lonesome Dove Trail,Hurst,Texas 76054 POLYTECHNIC HEIGHTS
Telephone(817)431-4971 www.jphlandsurvcying.com
TBPELS Firm#10019500 ADDITION
DFW I Central Texas I West Texas I Houston CITY OF FORT WORTH,TARRANT COUNTY,TEXAS
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EXHIBIT D
Certificate of Insurance
Tier IT Easement Encmachment Agreement Page 13 of 13
PN22-00122 03/2022