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HomeMy WebLinkAboutContract 58679Date Received: 1/4/2023 Time Received: 3:29 p.m. Record Number: PN22-00057 City Secretary No.: 58679 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER 11 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 WFW 10, LLC, a Texas limited liability company ("Licensee'), acting by and through its duly authorized Manager. RECITALS WHEREAS, Licensee is the owner of the real property located at 321 Isbell Road, Fort Worth, Texas 76114 ("Property"), such property being more particularly described in the attached Exhibit "A" which is incorporated herein for all purposes; and WHEREAS, the City owns a sanitary sewer (the "Public Property") adjacent to the Property as shown in the attached Exhibit "B," which is incorporated herein for all purposes, and as recorded in the plat records of Tarrant County, Volume 388, page 163; 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, reinstalling, operating, repairing replacing and maintaining a waterline (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within the Public Property. Licensee shall OFFICIAL RECORD Tier II Easement Encroachment Agreement CITY SECRETARY Page 1 of 13 Revised 11/2020 FT. WORTH, TX not expand or otherwise cause the Encroachment to further infringe in or on the Public Property beyond what is specifically described in Exhibit "C." 2. All construction, installation, maintenance, and operation of the Encroachment and the use or occupancy of the Public Property shall comply with and be performed in strict compliance with this Agreement and with the charter, ordinances, codes, and policies of the City. Prior to the construction or installation of the Encroachment, Licensee shall submit all plans and specifications to the Director of the Development Services Department or a duly authorized representative. Licensee shall not commence construction or installation of the Encroachment nor make any use of the Public Property in connection with the Encroachment 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 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. Ga 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. $. 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. Tier H Easement Encroachment Agreement Page 3 of 13 Revised 11/2020 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 as located and described in Exhibit "C." The amounts of such insurance shall be not less than $1,000,000 with the understanding and agreement by Licensee that such insurance amounts may be revised upward at City's option and that Licensee shall so revise such amounts immediately following notice to Licensee of such requirement. Such insurance policy shall not be canceled or amended without at least thirty (30) days prior written notice to the Building Official of the City. A copy of such Certificate of Insurance is attached as Exhibit "D" and incorporated herein for all purposes. Licensee agrees, binds, and obligates itself and its successors and assigns to maintain and keep in force such public liability insurance at all times during the term of this Agreement and until the removal of the Encroachment and restoration of the Public Property. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. 11. Tier 11 Easement Encroachment Agreement Page 4 of 13 Revised 11/2020 Licensee agrees to deposit with the City when this Agreement is executed a sufficient sum of money to be used to pay necessary fees to record this Agreement in the real property records of the county in which the Encroachment is located. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. 12. Licensee agrees to comply fully with all applicable federal, state, and local laws, statutes, ordinances, codes, and regulations in connection with the construction, operation, and maintenance of the Encroachment and use of the Public Property. 13. Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for by this Agreement or by any federal, state, or local statute, law, or regulation. 14. Licensee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant, or employee of City, and Licensee shall have exclusive control of and the exclusive right to control the details of its operations, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. The doctrine of respondent 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 H Easement Encroachment Agreement Page 5 of 13 Revised 11/2020 17. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. 18. Licensee covenants and agrees that it will not assign all or any of its rights, privileges, or duties under this Agreement without the written approval of the City, and any attempted assignment without such written approval shall be void. In the event Licensee conveys the Property, Licensee may assign all of its rights and obligations under this Agreement to the new owner of the Property, and Licensee shall be deemed released from its duties and obligations hereunder upon City's approval in writing of such assignment, which approval shall not be unreasonably conditioned or withheld. Foreclosure by a secured lender of Licensee or assignment to a secured lender by Licensee in the event of default or otherwise shall not require City approval provided that said lender notifies City in writing within sixty (60) days of such foreclosure or assignment and assumes all of Licensee's rights and obligations hereunder. However, no change of ownership due to foreclosure or assignment to any secured lender of Licensee shall be effective as to City unless and until written notice of such foreclosure or assignment is provided to City. 19. Any cause of action for breach of this Agreement shall be brought in Tarrant County, Texas. This Agreement shall be governed by the laws of the State of Texas. 20. This Agreement shall be binding upon the parties hereto and their successors and assigns. 21. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument [SIGNATURES APPEAR ON FOLLOWING PAGE] Tier H Easement Encroachment Agreement Page 6 of 13 Revised 11/2020 City: CITY OF FORT WORTH By: DJ Harrell (Jan 3, 202309:11 CST) D.J. Harrell, Director of the Development Services Department Date: Jan 3, 2023 d444bn� "oo0o r ° o ,�o°°°° °°°boa ATTEST: p - o ° o�'=�4 Tanno*fe S. Goodall �TEZAsgga Jannette S. Goodall (Jan 4, 202315:29 CST) �4aa44o Janette Goodall, City Secretary Date: Jan 4, 2023 Licensee: WFW 10, LLC A Texas limited liability company l By: C-, Name: Davi Zulejkic Title: Manager Date: Approved As To Form and Legality Thomas Royce Hansen Assistant City Attorney Date: Dec 30, 2022 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. Rebecca, O""t� Rebecca Diane Owen (Dec 30, 2022 09:47 CST) Rebecca Owen Development Services Date: Dec 30, 2022 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier 11 Easement Encroachment Agreement Page 7 of 13 Revised 11/2020 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 3rd day of Ja nua ry , 2023 Wendy L. Beardslee Digitally signed by Wendy L. Beardslee Date: 2023.01.03 10:36:07-06'00' Notary Public in and for the State of Texas After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 O�pRY p(WENDY L BEARDSLEE z Notary Public * * STATE OF TEXAS Notary I.D. 13323719-3 9rFOF��+ My Comm. Exp. July 28, 2025 Tier H Easement Encroachment Agreement Page 8 of 13 Revised 11/2020 STATE OF § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public in and for the State of on this day personally appeared David Zulejkick, Manager of WFW 10, LLC (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 WFW10, LLC, a Texas limited liability company (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this P day of b�L., 20 9 ;1 . `"Wirr" e�� CHELSEA CULLEN ?; �_Notary public,tate of T S' s Notary Public in and for the Comm. Expires 03-3o-2026 Notary ID 130625484 State of Tier 11 Easement Encroachment Agreement Page 9 of 13 Revised 11/2020 EXHIBIT A Legal Description of the Licensee's Property Lot 133-11, Brookside Acres Addition, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Volume 388-153, Page 42, Tarrant County Plat Records, and unplatted tract of land situated in the John Watson Survey, Abstract No.1670, City of Fort Worth, Tarrant County, Texas Tier II Easement Encroachment Agreement Page 10 of 13 Revised 11/2020 EXHIBIT B Depiction of the Public Property Tier H Easement Encroachment Agreement Page 11 of 13 Revised 11/2020 This maplplat is being furnished as an aid in locating the herein described Land in relarion to W.-m��°; adjoining streets. natural boundaries and other land, and is not a survey of the land depicted, Except to the extent a policy of We insurance is expressly modified by endorsement, ifany, the Company does not insure dlmonsions, distances, location of easemenrs, acreage or other matters shown thereon.r". y . � f! i • s <F'P �f y e MAW eve _ c �L- LOr ISj-R ^�•I"'i w'Rw,:..... 9 7ROOOMDE ACR[6 ADDITION i i.. .. ,.... Y� �i R'808� Nam. INC. as o r a CHppED . - u��.ww p/J,Y RM LNIIeIlY1 n1-a1� ylµ-- 10R AIM tYY wm EXHIBIT C Depiction and description of the Encroachment Tier H Easement Encroachment Agreement Page 12 of 13 Revised 11/2020 �S PALMETTO DR J ,, — — 6-1 � — 6"v — — e.y 4 cn NIA I� A ! Vl l 14ia rrl] z ENCROACHMENT 3 I \ ' ENCROACHM 110 'ENCROACHMENT 6"w — 6"W 6..W i_C`Aumn W PROPOSED WATER LINE — PROPERTY LINE (PARCEL IN OUESTTON) — — — — OFF -SITE PROPERTY LINES — — — --- — — — EXIST. OVERHEAD POWER LINES 5S EXISTING SANITARY SEWER r T OR1 EXIST. U lui i VALVE l� �, ORvV EXIST. UTILITY POLE EXIST. SEWER MANHOLE EkST. ELECTRIC METER r n EXIST. GAS METER Fs GRAPHIC SCALE 0 50 100 200 EASEMENT ENCROACHM (�+�) 1INCH = 100FT. (PAGE 1 OF i e 13 1 ,,--� r 13 7-0 BELL ROAb_ .. - 6", S� aDYNJ* MIC ENGINEERING (dba)IrIDWEST DYM W EHGLNEERING CONSULTANTS, PC ENT EXHIBIT 714S.GreemilleAwnue- Suite 100-Alien, TX 75013 T: 972.534.2100 3) ... 7n_RepNevd Fr�eMg Rm Rh FI?EGO Plotted: 09/08/22 — 2:14 PM, By: bgoudin, — Product Ver. 24.1 s (LMS Tech) C-1- o-\ nm-orr C)On Wf Tc\')e9n uea., o...,e.►ser\ oo-nor% n..,.... A--- - C. + ur. +k TN\ r%__\ nr)A rnoanXnC'i r A.— LmaMD W PROPOSED WATER LINE "' " �-• PROPERTY LINE (PARCEL IN QUESTION) - - - OFF -SITE PROPERTY LINES 5S -- - EXISTING SANITARY SEWER OR 1 D < EXIST. UTILITY VALVE cU,, OR EXIST, UTILITY POLE iris EXIST. SEWER MANHOLE ! GRAPHIC SCALE 0 10 20 40 IN FEET 1 INCH - 20 FT. 0 -C I - ,WNUMTE LOCAIXW r \ SHORN PER PUr NO LOC4TAE DESR+'PWN G n 1N REL`DRD -- 1 I 1 M&UNLml fLqT El--V-NCAI I \ 50' 1 ATMJNE E ZIAN \ WL, 470, PC. M6 1 Olrf"I sIr UNORY I IN f-STORY RAND E ON S46 11.97' EXIST. WATER UNE ENCROACHMENT 2 ' ENCROAMMEM 1 I 6.91 ` M — m 14 \ I 1 4,71' `yo I EASEMENT ENCROACHMENT EXHIBIT ENCROACHMENT 1 & 2 (PAGE 2 OF 3) DYRM MIC ENGINEERING (dbe) M I)Y EST DYNAMO ENGNERING CONRTANTS, PC 714 S. Glee V& Avenue- Sufta 100- Allen, TX 750Q T: 972,SX2100 Tom RoaWwW &wp - ,DAmN. F-I Me Platted: 09/08/22 — 2:15 PM, By: b9audin, — Product Ver. 24.19 (L.MS Tech) Lila• C.\ nr!•o!• CD^ Wf�M\ 01ARn k1-inn o.,....a.Nee.\ OO—nin f^--.. A— — C-4 l —4b. TV\ M--\ C-W1,Me\ n'2Arna0n=nC1 1 A-- ; 55 WROACHME T 3 AP1R1 NMATE L00701 SH00 PER PLAT NO LOCATAIE aESfraP170W 0911 DOCUMENT EOIR EASM 50' WATERIJNE EASEMEW LKIiL. 470, K M6 z I I D.R.T.C.T. a I I Lq e 8"SS 8"55 ISBELL ROAD EASEMENT ENCROACHMENT EXHIBIT ENCROACHMENT 3 (PAGE 3 OF 3) LEGEND W PROPOSED WATER LINE PROPERTY LINE (PARCEL IN QUESTION) — — — OFF -SITE PROPERTY LINES —SS— EXISTING SANITARY SEWER 0R -L pTq EXIST. unuTY VALVE 0R EXIST. ULILITY POLE EXIST. SEWER MANHOLE 8"55 GRAPHIC SCALE 0 10 20 40 IN FEET } 1 INCH = 20 FT. r Mw 8"5 aDYrdAMIC ENGINEERING {d48} tH104 M 04N W EHGINEWNG CONSMUN15, PC 714 S, Gremva Avenue - Sulte 100- Aden, TX 75013 T: 972.$X2100 r-R g- ram..,,,Fi.#.FL„,W Plotted: 09/08/22 — 1:01 PM, B)r bgaudin, — Product Ver. 24.19 (ILMS Tech) rsl-. o.\ nre+nr non Ire+M% hArn a-4... A- — rw.s w-46 EASEMENT ENCROACHMENTS GREEN ACRES MHP 374 ISBELL COURT ISBELL ROAD AND PALMETTO DRIVE ADJACENT TO 9.807 ACRES IN JOHN WATSON SURVEY, ABSTRACT NUMBER 1670 CITY OF FT. WORTH, TARRANT COUNTY, TEXAS EASEMENT ENCROACHMENT 1: BEING a 0.0124 acres tract of land situated in the John Watson Survey, Abstract No. 1670, City of Fort Worth, Tarrant County, Texas, and being in the right-of-way of Palmetto Road (a 50-feet wide right -of way), and being adjacent to the west line of Lot 133-R, Brookside Acres Addition, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Volume 388-153, Page 42, Tarrant County Plat Records, and being more particularly described by metes and bounds as follows: COMMENCING at the southeast corner of said Lot 133-R, said corner being on the west right-of- way line of said Isbell Road; THENCE North 00 degrees 26 minutes 55 seconds West, along the common east lien of said Lot 133-R and said west right-of-way line, a distance of 185.79 feet to a point at the intersection of the southeast line of a 50-feet wide water easement, as recorded in Volume 470, Page 586 of the Deed Records of Tarrant County, Texas; THENCE South 52 degrees 30 minutes 14 seconds West, departing said common line and along said southeast easement line, a distance of 3.51 feet to a point for the POINT OF BEGINNING of the herein described tract; THENCE South 52 degrees 30 minutes 14 seconds West, continuing along said southeast easement line, a distance of 12.60 feet to a point; THENCE North 00 degrees 00 minutes 00 seconds East, departing said southeast easement line and over and across said easement, a distance of 6.91 feet to a point; THENCE North 57 degrees 26 minutes 05 seconds West, continuing over and across said easement, a distance of 47.36 feet to a point on the northwest line of said easement; THENCE North 52 degrees 30 minutes 14 seconds East, along said northwest line, a distance of 10.64 feet to a point; THENCE South 57 degrees 26 minutes 05 seconds East, departing said northwest line and over and across said easement, a distance of 49.21 feet to a point; THENCE South 00 degrees 00 minutes 00 seconds West, continuing over and across said easement, a distance of 4.71 feet to the POINT OF BEGINNING AND CONTAINING 541 square feet or 0.0124 acres of land, more or less. Page Iof5 EASEMENT ENCROACHMENTS GREEN ACRES MHP 374 ISBELL COURT ISBELL ROAD AND PALMETTO DRIVE ADJACENT TO 9.807 ACRES IN JOHN WATSON SURVEY, ABSTRACT NUMBER 1670 CITY OF FT. WORTH, TARRANT COUNTY, TEXAS EASEMENT ENCROACHMENT 2: BEING a 0.0038 acres tract of land situated in the John Watson Survey, Abstract No. 1670, City of Fort Worth, Tarrant County, Texas, and being in the right-of-way of Isbell Road (a variable width right -of way), and being adjacent to the east lines of Lot 133-R, Brookside Acres Addition, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Volume 388-153, Page 42, Tarrant County Plat Records, and being more particularly described by metes and bounds as follows: COMMENCING at the southeast comer of said Lot 133-R, said corner being on the west right-of- way line of said Isbell Road; THENCE North 00 degrees 26 minutes 55 seconds West, along the common east lien of said Lot 133-R and said west right-of-way line, a distance of 185.79 feet to a point at the intersection of the southeast line of a 50-feet wide water easement, as recorded in Volume 470, Page 586 of the Deed Records of Tarrant County, Texas; THENCE South 52 degrees 30 minutes 14 seconds West, departing said common line and along said southeast easement line, a distance of 25.18 feet to a point for the POINT OF BEGINNING of the herein described tract; THENCE South 52 degrees 30 minutes 14 seconds West, continuing along said southeast easement line, a distance of 29.86 feet to a point; THENCE North 00 degrees 09 minutes 21 seconds East, departing said southeast easement line and over and across said easement, a distance of 11.97 feet to a point; THENCE North 71 degrees 11 minutes 10 seconds East, continuing over and across said easement, a distance of 25.00 feet to a point; THENCE South 00 degrees 09 minutes 21 seconds West, continuing over and across said easement a distance of 1.85 feet to the POINT OF BEGINNING AND CONTAINING 163 square feet or 0.0038 acres of land, more or less. Page 2 of 5 25' STREET & PUBLIC OPEN SPACE EASEMENT VOL. 388-153, PG. 42 P.R.T.C.T. f jl ��r)r1I EFR!N:; [5R!Vk N EASEMENT ENCROACHMENT NO. 2 (+C-163 SQ.FT,) 0.0038 ACRES f TEXAS ELECTRIC SERVICE. LOT 133 COMPANY EASEMENT BROOKSIDE VOL. 4734, PG. 584 VOL. 388-153, D.R.T.C.T. P.R.T.0 APPROXIMATE LOCATION SHOWN %-- r � \ -R, ACRES PG. 42, / .T. 15' SANITARY SEWER EASEMENT VOL- 388-153, PG. 42 P.R.T.C.T. 01 50' 100, 200' lot= 100' `err; N j i EASEMENT ENCROACHMENT NO. 1 j (+1-541 SQ.FT.) 1 0.0124 ACRES A l PER PLAT, NO LOCATIVE DESRIPTION _~�� �-�� GIVEN IN RECORD DOCUMENT FOR EASEMENT / / EASEMENT 50' WATERLINE EASEMENT /�Z' ENCROACHMENT NO. 3 VOL. 470, PG. 586 (+1-824 SQ.FT.) D.R.T.C.T. / 0 0189 ACRES i TEXAS ELECTRIC SERVICE COMPANY EASEMENT VOL. 4734, PG. 584 D.R.T.C.T. LEGEND O R C C T D(:f o RECORDS OF I ARRANT COUNTY T"A$ COc. OOCUMENT No. NUMBER VOL Vr_ WE p0 PACE Flp C ©cal Jo I aOO l4hiN CAr> STAMPED `I SIR STAMPED GEOF�lAV'OU YriTH YELLOWPLAS rIC:cti PUB MNri)FaErlhMNG HOC POiriT OP coMMFNvN0 SURVEYOR'S NOTES. 1. The Basis of Beanrgs is the Texas Coordinate System of iM, North Central Zone (4202). 2, In the Preparation of this survey the surveyor has *igd upon that commimtenl for tale insurance prepared by rust Notional Tlile Insurance Company, GF No. 2011781-140, having an effeculre dale of June 4. 202G aratl an issued dale of June 13, 2020 M plottatne schedule a exceptions are snawn hereon or otherwise noted. 3. See Sheet 5 far full Li-mens,ons and call oats. _ SHEET 4 OF 5 EASEMENT ENCROACHMENT EXHIBIT GREEN ACRES MHP 374 ISBELL COURT PART OF 9.807 ACRES rN JOHN I,1'A TSON SURVEY. ABSTRACT NO. 1670, Cf7Y OF FORT WORTH, TARRANT COUNTY, TEXAS CAI r00e124,2022 t*M 0" GE 3NAV i U 4 V 1. V I N G M A P P i U ,S , C -\ •1 h!., v 34�O VOC"T RD..STE HO;CARRO"TON, TEXAS 75006 SCALE; t"-VOr 1972t243.2409 PROJECT -2400 TOPLS F RU NO, 10194205 APPROXIMATE LOCATION SHOWN PER PLAT, NO LOCATIVE DESRIPTION GIVEN IN RECORD DOCUMENT FOR EASEMENT 50' WATERLINE EASEMENT VOL. 470, PG. 586 D.R-T.C.T. i NOT TO SCALE N �I J� a. '— POB NO. 'I i y .; `9.07' / POB NO. 2 3�`j in co IN/ LOT 133-R, i ,'O / BROOKSIDE ACRES �5j / VOL. 388-153, PG. 42, P.R.T.C.T. S89"52'36"W 244.30' 4 POB NO. 3 P.D.C. EASEMENT ENCROACHMENT NOS. 1-3 o a k j It Lu� P Ln< ov � o 2 Z i •o Fr EASEMENT �� GjS r R -9 ENCROACHMENT EXHIBIT GREEN ACRES MHP ....:.....................:.... JOEL C. HOWARD 374 ISBELL COURT •• j•••„ ....... .. •4 6267 -' PARTOF 9.807 ACRES • .� Q• ' �•• S�,• y� 1N J HNWA S ON NOLTR O.Y. ABSTR�tr CITY OF FORT WORTH, TARPANrCOUNTY. TEXAS L� GEONAV S R VLYI`1C- MAi "ir' SHEET 5 OF 5 3419 NIOCOURT RU_ STE 110; CARROLL TOR, TEXAS 750OZ 5CAtE: i"•tOO 8PL57FI�RM NO 101947105 T •o{g� sa b•...�ii.r•`•�d.w �n���; Ar a.�. n riw R yoy. b, r.M. M?a � vrrn ,ms ,vnw M�i�nisM{u.e r+A rwNGW.,r M+.C.T � 11r i C 27 1•=50' N T °PO TREE SURVEY GREEEN ACRES MHP G E Q N A V 374 WELL Could „w., 9.807ACRES wre¢ .uwukn e, zon duwr+er: xn �r.+wnrswsvxvfv nasmacreq. iaro, cnraa Foar wvprH. MUMIT D Certificate of Insurance Tier II Easement Encroachment Agreement Page 13 of 13 Revised 11/2020