HomeMy WebLinkAboutContract 58680Date Received: 1/4/2023
Time Received: 3:30 p.m.
Record Number: PN21-00071
City Secretary No.: 58680
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 NBT FINANCIAL BANK, a state
charter bank ("Licensee"), acting by and through its duly authorized President.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 2535 Northeast
28tb Street, Fort Worth, Texas 76106 ("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 and storm drain easement (the "Public
Property") adjacent to the Property as shown in the attached Exhibit `B," which is
incorporated herein for all purposes, and as recorded in the plat records of Tarrant County
as plat number FS-80-156; and
WHEREAS, Licensee desires to construct, place, and maintain certain
improvements which will encroach in, on, above, or below the Public Property; and
WHEREAS, to accommodate the needs of the Licensee, the City will allow the
encroachment under the terms and conditions as set forth in this Agreement.
NOW, THEREFORE, the City and Licensee agree as follows:
AGREEMENT
1.
The City, in consideration of the payment by Licensee of the fee set out below and
covenants and agreements hereinafter contained to be kept and performed by Licensee,
hereby grants permission to Licensee to encroach in, on, above, or below and occupy a
portion of the City's Public Property as described in and at the location shown on Exhibit
"C," but only to the extent shown thereon, for the purpose of constructing, installing, and
maintaining a retaining wall (the "Encroachment"). Upon completion of the
Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within
the Public Property. Licensee shall not expand or otherwise cause the Encroachment to
further infringe in or on the Public Property beyond
Exhibit "C."
Tier II Easement Encroachment Agreement
PN21-00071
what is specifically
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX Page 1 of 13
Revised 11/2020
described in
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.
A
Upon termination of this Agreement, Licensee shall, at the option of and at no
expense to the City, remove the Encroachment and restore the Public Property to a
condition acceptable to the Director of Transportation and Public Works, the Director of
the Water Department, the Director of the Development Services Department or their duly
authorized representative. Any such removal of the Encroachment shall be in accordance
with then -existing City regulations and policies. It is understood and agreed to by Licensee
that if this Agreement terminates and Licensee fails to remove the Encroachment and
restore the Public Property, Licensee hereby gives City permission to remove the
Encroachment and any supporting structures from the Public Property, to restore the Public
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PN21-00071 Revised 11/2020
Property, and to assess a lien on the Property for the costs expended by the City in taking
such actions.
6.
In order to defray all costs of inspection and supervision which the City has incurred
or will incur as a result of the construction, maintenance, inspection or management of the
Encroachment and use of Public Property as provided for by this Agreement, Licensee
agrees to pay to City at the time this Agreement is requested an application fee in the sum
of Seven Hundred Dollars ($700.00).
7.
The term of this Agreement shall be for thirty (30) years, commencing on the date
this Agreement is executed by City. However, the City may terminate this Agreement
upon Licensee's noncompliance with any of the terms of this Agreement. City shall notify
Licensee in writing of any such noncompliance and if Licensee does not cure the
noncompliance within thirty (30) days of notice from City, the City may terminate this
Agreement. However, the City may, at its sole option, allow the Agreement to remain in
effect so long as Licensee has taken reasonable measures to cure the noncompliance or is
continuing to diligently attempt to remedy the noncompliance.
8.
It is further understood and agreed between the parties hereto that the Public
Property to be used and encroached upon is held by City as trustee for the public; that City
exercises such powers over the Public Property as have been delegated to it by the
Constitution of the State of Texas or by the Texas Legislature; and that City cannot contract
away its duty and its legislative power to control the Public Property for the use and benefit
of the public. It is accordingly agreed that if the governing body of City may at any time
during the term hereof determine in its sole discretion to use or cause or permit the Public
Property to be used for any other public purpose, including but not being limited to
underground, surface, or overhead communication, drainage, sanitary sewerage,
transmission of natural gas or electricity, or any other public purpose, whether presently
contemplated or not, that the parties agree to negotiate in good faith in order to
accommodate both the Encroachment and the public purpose.
9.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY
INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS FROM AND
AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR
LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
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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 HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR
SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL
LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY
AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR
IN CONNECTION WITH THE ENCROACHMENTS AND ANY AND ALL ACTS
OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR
INVITEES.
10.
While this Agreement is in effect, Licensee agrees to furnish City with a Certificate
of Insurance naming City as certificate holder as proof that is has secured and paid for a
policy of public liability insurance covering all public risks related to the proposed use and
occupancy of public property as located and described in Exhibit "C." The amounts of
such insurance shall be not less than
$1,000,000
with the understanding and agreement by Licensee that such insurance amounts may be
revised upward at City's option and that Licensee shall so revise such amounts immediately
following notice to Licensee of such requirement. Such insurance policy shall not be
canceled or amended without at least thirty (30) days prior written notice to the Building
Official of the City. A copy of such Certificate of Insurance is attached as Exhibit "D"
and incorporated herein for all purposes. Licensee agrees, binds, and obligates itself and
its successors and assigns to maintain and keep in force such public liability insurance at
all times during the term of this Agreement and until the removal of the Encroachment and
restoration of the Public Property. All insurance coverage required herein shall include
coverage of all Licensee's contractors and subcontractors.
11.
Licensee agrees to deposit with the City when this Agreement is executed a
sufficient sum of money to be used to pay necessary fees to record this Agreement in the
real property records of the county in which the Encroachment is located. After being
recorded, the original shall be returned to the City Secretary of the City of Fort Worth.
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PN21-00071 Revised 11/2020
12.
Licensee agrees to comply fully with all applicable federal, state, and local laws,
statutes, ordinances, codes, and regulations in connection with the construction, operation,
and maintenance of the Encroachment and use of the Public Property.
13.
Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for
by this Agreement or by any federal, state, or local statute, law, or regulation.
14.
Licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as an officer, agent,
servant, or employee of City, and Licensee shall have exclusive control of and the exclusive
right to control the details of its operations, and all persons performing same, and shall be
solely responsible for the acts and omissions of its officers, agents, servants, employees,
contractors, subcontractors, licensees, and invitees. The doctrine of respondeat superior
shall not apply as between City and Licensee, its officers, agents, servants, employees,
contractors, and subcontractors, and nothing herein shall be construed as creating a
partnership or joint enterprise between City and Licensee.
15.
Licensee agrees and acknowledges that this Agreement is solely for the purpose of
permitting Licensee to construct, maintain, and locate the Encroachment over or within the
Public Property and is not a conveyance of any right, title, or interest in or to the Public
Property, nor is it meant to convey any right to use or occupy property in which a third -
party may have an interest. Licensee agrees that it will obtain all necessary permissions
before occupying such property.
16.
If Licensee is in default of its obligations hereunder, then in any action brought by
the City for the enforcement of such obligations of the Licensee, City shall be entitled to
recover interest and reasonable attorneys' fees.
17.
The parties agree that the duties and obligations contained in Section 5 shall survive
the termination of this Agreement.
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PN21-00071 Revised 11/2020
18.
Licensee covenants and agrees that it will not assign all or any of its rights,
privileges, or duties under this Agreement without the written approval of the City, and
any attempted assignment without such written approval shall be void. In the event
Licensee conveys the Property, Licensee may assign all of its rights and obligations under
this Agreement to the new owner of the Property, and Licensee shall be deemed released
from its duties and obligations hereunder upon City's approval in writing of such
assignment, which approval shall not be unreasonably conditioned or withheld.
Foreclosure by a secured lender of Licensee or assignment to a secured lender by Licensee
in the event of default or otherwise shall not require City approval provided that said lender
notifies City in writing within sixty (60) days of such foreclosure or assignment and
assumes all of Licensee's rights and obligations hereunder. However, no change of
ownership due to foreclosure or assignment to any secured lender of Licensee shall be
effective as to City unless and until written notice of such foreclosure or assignment is
provided to City.
19.
Any cause of action for breach of this Agreement shall be brought in Tarrant
County, Texas. This Agreement shall be governed by the laws of the State of Texas.
20.
This Agreement shall be binding upon the parties hereto and their successors and
assigns.
21.
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Tier II Easement Encroachment Agreement
PN21-00071
Page 6 of 13
Revised 11/2020
City:
CITY OF FORT WORTH
�z—
By: DJ Harrell (Jan 3, 2023 09:11 CST)
D.J. Harrell, Director of the
Development Services Department
Date: Jan 3, 2023
4.0440p4��
ATTEST:oRT'o��l�
ta
Ovo o
Od,fooa oo�`d
rannofto S. Goodall aaa
Y
Jannette S. Goodall (Jan 4, 202315:29 CST) a� nEp4—
Jannette Goodall,
City Secretary
Date: Jan 4, 2023
Tier II Easement Encroachment Agreement
Licensee:
NBT FINANCIAL BANK
A State Charter bank
By: W� �o'11.112&
Name: Wade Donnell
Title: President
Date: December 9, 2022
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.
R&b&cca" t)4a we- Dare-"&
Rebecca Diane Owen (Dec 30, 202210:22 CST)
Rebecca Owens
Development Services
Date: Dec 30, 2022
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
PN21-00071
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
January
20 : 23
WendL. Digitally signed by
Y Wendy L. Beardslee
B ea rd s I ee Date: 2023.01.03
10:07:42-06'00'
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
Tier II Easement Encroachment Agreement
�pRYP(ie`/ WENDY L BEARDSLEE o
_ Notary Public
* * STATE OF TEXAS
Notary I.D. 13323719-3
9�OF My Comm. Ex . July 28 2025
PN21-00071
Page 8 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 Wade Donnell, President, 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 NBT Financial Bank, a state charter bank, and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 9TH day of
DECEMBER 2022
RHONDA HERRIAGE
NotaryPublic in and for the Notary Public, Stale of Texas
Notary ID 617371-2
State of TEXAS +, a �My Commission Exp. 03.09-2025
Tier II Easement Encroachment Agreement
PN21-00071
Page 9 of 13
Revised 11/2020
EXHIBIT A
Description of the Licensee's Property
TRACT NO. 1
(WEST PARCEL)
A portion of the Seburn Gilmore Survey, Abstract No. 590, situated in the northerly
part of Fort Worth in Tarrant County, Texas and embracing a part of the 9-97/100
acres tract conveyed to United Service Center, Inc., by the deed recorded in volume
3982, page 184 of the Tarrant County Deed Records.
TRACT NO.2
(PARCEL "B" OF EAST TRACT)
A portion of the Seburn Gilmore Survey, Abstract No. 590, situated in the north part of
Fort Worth in Tarrant County, Texas, and embracing part of the tract conveyed to
United Service Centers, Inc. by the deed recorded in volume 3837, page 629 bf the
Tarrant County Deed Records.
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PN21-00071
Page 10 of 13
Revised 11/2020
EXHIBIT B
Depiction of the Public Property
Tier II Easement Encroachment Agreement
PN21-00071
Page 11 of 13
Revised 11/2020
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D221251303 08/30/2021 10:48 AM Page: 1 of 6 Fee: $39.00 Submitter: Matt Tilly
Electronically Recorded by Tarrant County Clerk in Official Public Records 0,') . -�
MARY LOUISE NICHOLSON
COUNTY CLERK
CPN103218 — Sanitary Sewer Improvements To Serve National Bank Of Texas
Parcel # 1
2535 NE 28'h Street
Lot 5, Blk 1 R, United Service Center Addition
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT §
CITY OF FORT WORTH
SEWER FACILITY EASEMENT
DATE; Q`,z',�'T- 1 8 , 2021
GRANTOR: THE NATIONAL BANK OF TEXAS AT FORT WORTH
GRANTOR'S MAILING ADDRESS (Including County);
5550 N. RIVERSIDE DRIVE
FORT WORTH, TARRANT COUNTY, TX 76137
GRANTEE: CITY OF FORT WORTH
200 TEXAS STREET
FORT WORTH, TARRANT COUNTY, TX 76102
CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged.
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 Sewer Line 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,
pipelines, junction boxes in, upon, under and across a portion of the Property and more 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 Property, or any part
thereof, for the purpose of constructing, operating, maintaining, replacing, upgrading, and
repairing said Facility.
SEWER FACILITY EASEMENT
Rev. 119/1 B
Fo�TWo -
D221251303
Page 2 of 6
In no event shall Grantor (1) use the 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 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 Tract which may have been removed, relocated,
altered, damaged, or destroyed as a result of the Grantee's use of the easement 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.
TO HAVE AND TO HOLD the above -described easement, together with all and singular the
rights and appurtenances thereto in anyway 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 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.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
SEWER FACILITY EASEMENT
Rev. 1/9/18
FORT WOT�TH_
D221251303
Page 3 of 6
GRANTOR: THE NATIONAL BANK OF TEXAS AT FORT WORTH
a Texas state financial Institution
By:
Wade Donnell, President/CEO
THE STATE OF TEXAS §
COUNTY OF TARRANT §
GRANTEE: City of Fort Worth
�"_S-VL
By (Signature) stev�obke (Aug K, 202109:27 CDT)
(Print Name)Steve Cooke jitle Property Management Director
APPROVED AS TO FORM AND LEGALITY
(Signature)
(Print Name) Matt M u rray Title Assistant City Attorney
ACKNOWLEDGMENT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Wade Donnell, 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 National Bank of Texas at Fort Worth and that he/she executed the same as the act of said
The National Bank of Texas at Fort Worth the purposes and consideration therein expressed and
in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this v day of
VL-5 "� , 20A
►*�► LEANA NEWELL
Notary Public, State of Texas
Notary ID 785695•6 Notary Public in and for the State of Texas
My Commission Up. 08-25.2024
SEWER FACILITY EASEMENT
Rev. 1/9/18
T WOR
D221251303
Page 4 of 6
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Steve Cooke
Property Management Director 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/she executed the same as the act of the City of
Fort Worth for the purposes and consideration therein expressed and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 0 day of
��►yO\V3 , 202-V
I
Notary Public in a or the State of Texas
Notary Pttbiic
STATE OF TEXAS
.yo���+► ID# 133026152
nmr` My Comm_ Exp, Apr, 68, 2025
SEWER FACILITY EASEMENT
Rev. 1/8/18
D221251303
Page 5 of 6
EXHIBIT A
METES AND BOUNDS DESCRIPTION
11,439 SQUARE FOOT SANITARY SEWER EASEMENT
OUT OF LOT 5, BLOCK 1-R, UNITED SERVICE CENTER ADDITION
IN THE S. GILMORE SURVEY, A-590
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
All that certain 11,439 square feet of land, out of Lot 5, Block 1-R, United Service Center
Addition, recorded in Document Number D181007221 in the Plat Records of Tarrant County,
Texas (P.R.T.C.T.), in the S. Gilmore Survey, A-590, City of Fort Worth, Tarrant County, Texas
and more particularly described by metes and bounds as follows: (All bearings shown hereon are
based on the Texas Coordinate System of 1983, North Central Zone)
Commencing at a 5/8" iron rod with a cap stamped "BROOKS BAKER" found for the northwest
comer of said Lot 5, Block 1-R, common to the southwest comer of Lot 4R1, Block 1-R, United
Service Center Addition, recorded in Document Number D212125732, P.R.T.C.T., in the east
line of Lot 1R1, Block 1-R, said United Service Center Addition (D212I25732), and from which
a found 1/2" iron rod for the northeast corner of said Lot 5, Block 1-R, common to the southeast
comer of said Lot 4, Block I-R, bears North 89° 59' 43" East — 282.34'; Then South 00° 24' 44"
West — 114.24' along the west line of said Lot 5, Block 1-R, United Service Center Addition to a
to a point in the southwest line of the existing 15' Sanitary Sewer Easement, as shown on the plat
of said United Service Center Addition (D181007221), Then South 29° 45' 02" East — 97.52'
along the southwest line of said 15' Sanitary Sewer Easement to the POINT OF BEGINNING
and the northwest comer of the herein described easement;
THENCE South 29' 45' 02" East - 69.66' continuing along the southwest line of said 15'
Sanitary Sewer Easement to a point for comer;
THENCE South 00' 24' 44" West - 144.84' to a point for corner;
THENCE South 63° 59' 33" East - 128.91' to a point for comer;
THENCE North 790 15' 42" East - 29.37' to a point in the southeasterly line of said Lot 5, Block
1-R, common to the northwesterly right-of-way line of North Freeway (Interstate 35W — right-
of-way varies);
THENCE South 430 43' 17" West - 0.88' along the southeasterly line of said Lot 5, Block 1-R,
common to the northwesterly right-of-way line of said North Freeway, to a found TXDOT
monument;
THENCE South 62° 19' 56" West - 64.21' along the southeasterly line of said Lot 5, Block 1-R,
common to the northwesterly right-of-way line of said North Freeway, to the southern most
comer of the herein described easement, and from, which a found 3/4" iron rod bears South 62'
19' 56" West — 4.69%
THENCE North 63' 59' 33" West - 136.18' to a point for corner;
THENCE North 00' 24' 44" East - 227.11' to the POINT OF BEGINNING and containing
11,439 square feet of land.
THIS METES AND BOUNDS DESCRIPTION IS ISSUED IN CONJUNCTION WITH
THE SURVEY PREPARED BY SPRY SURVEYORS, HEREBY REFERENCED AS
EXHIBIT B. THIS METES AND BOUNDS DESCRIPTION IS EXHIBIT A.
SPRY (q) SURVEYORS
Issue Date: August 16, 2021 • Certificate Date: January 24, 2020
8241 Mid -Cities Blvd., Suite 102 • North Richland Hills, TX 76182
Firm Reg No. 10112000 • Project Number: 074-038-50
Phone 817-776-4049 • email:sorvnsprysuivevors.com
.. ... •
DAVID CARLTON LEVAS
• A 5647 !�'I � /(s/71�1 /
lvNO SURV�
Day id Lewis
R.P.L.S. 140.5647
D221251303
Page 6 of 6
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LOT 4R1, �OC 1-R,
UNITED SERVICEEN R ADDITIONDOC. NO.12125732
P.R.C.T.
N 8959'43" 0 282.34' 1/2' IRF(C,M.)
LINE TABLE
EARING
DISTANCE
29'45 02' E
69.6663.59
33 E
128,91'
R
79.15 42'E
29.37'
L7
\ \
IV SANITARY
SEWER EASEMENT
N\ \ DOC. NO. D181007�21
Nam\ P.R.T.C.T. (TO REMAIN)
P.O.B.
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UNITED SER'
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35'
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DOC. NO D181007221 \
P. .T.C.T. \
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N. E. 28TH STREET
(R, 0. W. VARIES)
ROTES
1, All bearings shown hereon are based an the Texas Co
Zone,
i
2. This survey is Issued in conjunction with the MO
Surveyor, of the same certlficollon dale shown hereon, t
Survay is Ephlblt B. I
3, TRis Survey Is Issued without the benefit of a current
upon receipt thereof. Surveyor has done no additlol
restrictions or covenants which may affect this property.
4. The Surveyor has not physically located any undergrl
may be located under or near the subject properly.
JANUARY 24. 2020
CERTIFICATE DATE
certlfy that this survey w
ound, that this plat corn
cis found at the time of
DAVID CARLTON LEWIS,
43'4317 W
0.88
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62'19'S6" W
64.21
62 19 56 W
4.69'
63'59'33" W
136.18'
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BLOCK 1-R
CENTER ADDITION
D181007221
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t.T.C.T.
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11,439 SQ. FT.
SANITARY SEWER
EASEMENT
15' SANITARY
SEWER EASEMENT
\ DOC. NO. D181007221 P.R.T.C.T.
AV
\ L4
—� L3
FND TXDOT MON.
s/4' IRF Graphic Scale In Feet
L6
0 60' 120'
SCALE 1 "=60'
A B B R E V I A T 1 0 N S
•dlno a System of 1983, North Central D.R.T.C.T, PUBLIC RECORDS OF TARRANT COUNTY, TEXAS
P,R.T.C.T, PUBLIC RECORDS OF TARRANT COUNTY, TEXAS
�e a d Bounds Description by Spry VOL VOLUME
reby referenced as Exhibit A. This PO. PAGE
DOC. NO. OOCUMENT NUMBER
title report and Is subject to revision P.O.C. POINT OF COMMENCING
it research for possible easements, P•O,B, POINT OF BEGINNING
C.M. CONTROLLING MONUMENT
d ut Itles and/or Improvements which IRF IRON ROD FOUND
R.O.W. RIGHT—OF—WAY
mad on the EXHIBIT B-11,439 SQUARE FOOT
irvey resents the SANITARY SEWER EASEMENT.
OUT OF LOT 5, BLOCK 1-R, UNITED'SERVICE CENTER ADDITION
IN THE & GILMORE SURVEY, A-590
CITY OF FORT WORTH, TARRANT COUNTY. TEXAS
ISSUE DATE: 8/25/2021 SCALE I.-8 PROJECT NO.: 074-038-50
SPRY(3SURVEYORS
8 5 8241 Mld—Cities Blvd., Suite 102 • North Richland Hills, TX 76182
PH:817.776.4049 • epryOspry�auurveyors.com • www.sprysurveyors.com
S. N 647 Firm fteg. No. 10112000
EXHIBIT C
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement
PN21-00071
Page 12 of 13
Revised 11/2020
Drawing: 0:\PROJECTS\NBK19559\cad\exhibits\2021-04-08 Encroachment\Sewer Encroachment.dwg at May 14, 2021-11:34am
Layout: VICINITY MAP Xrefs: XREF—BLDG.dwg — X3D—BASE.dwg — X3D—GRADING.dwg — X3D—WSS.dwg
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LOT 4R1, �OC 1-R,
UNITED SERVICEEN R ADDITIONDOC. NO.12125732
P.R.C.T.
N 8959'43" 0 282.34' 1/2' IRF(C,M.)
LINE TABLE
EARING
DISTANCE
29'45 02' E
69.6663.59
33 E
128,91'
R
79.15 42'E
29.37'
L7
\ \
IV SANITARY
SEWER EASEMENT
N\ \ DOC. NO. D181007�21
Nam\ P.R.T.C.T. (TO REMAIN)
P.O.B.
\
\
LOT
UNITED SER'
`\
DOC.
\
\ '\
N
\ \
\ W
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35'
4 \
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15' STORM \
DRAIN EASEMENT \
DOC. NO D181007221 \
P. .T.C.T. \
r
<�
N. E. 28TH STREET
(R, 0. W. VARIES)
ROTES
1, All bearings shown hereon are based an the Texas Co
Zone,
i
2. This survey is Issued in conjunction with the MO
Surveyor, of the same certlficollon dale shown hereon, t
Survay is Ephlblt B. I
3, TRis Survey Is Issued without the benefit of a current
upon receipt thereof. Surveyor has done no additlol
restrictions or covenants which may affect this property.
4. The Surveyor has not physically located any undergrl
may be located under or near the subject properly.
JANUARY 24. 2020
CERTIFICATE DATE
certlfy that this survey w
ound, that this plat corn
cis found at the time of
DAVID CARLTON LEWIS,
43'4317 W
0.88
}
a
o F
wU
U ~
62'19'S6" W
64.21
62 19 56 W
4.69'
63'59'33" W
136.18'
K
KW
p
U uU'y
wa
UJ N�
to
Udy
'-
BLOCK 1-R
CENTER ADDITION
D181007221
wo
t.T.C.T.
0
a7
11,439 SQ. FT.
SANITARY SEWER
EASEMENT
15' SANITARY
SEWER EASEMENT
\ DOC. NO. D181007221 P.R.T.C.T.
AV
\ L4
—� L3
FND TXDOT MON.
s/4' IRF Graphic Scale In Feet
L6
0 60' 120'
SCALE 1 "=60'
A B B R E V I A T 1 0 N S
•dlno a System of 1983, North Central D.R.T.C.T, PUBLIC RECORDS OF TARRANT COUNTY, TEXAS
P,R.T.C.T, PUBLIC RECORDS OF TARRANT COUNTY, TEXAS
�e a d Bounds Description by Spry VOL VOLUME
reby referenced as Exhibit A. This PO. PAGE
DOC. NO. OOCUMENT NUMBER
title report and Is subject to revision P.O.C. POINT OF COMMENCING
it research for possible easements, P•O,B, POINT OF BEGINNING
C.M. CONTROLLING MONUMENT
d ut Itles and/or Improvements which IRF IRON ROD FOUND
R.O.W. RIGHT—OF—WAY
mad on the EXHIBIT B-11,439 SQUARE FOOT
irvey resents the SANITARY SEWER EASEMENT.
OUT OF LOT 5, BLOCK 1-R, UNITED'SERVICE CENTER ADDITION
IN THE & GILMORE SURVEY, A-590
CITY OF FORT WORTH, TARRANT COUNTY. TEXAS
ISSUE DATE: 8/25/2021 SCALE I.-8 PROJECT NO.: 074-038-50
SPRY(3SURVEYORS
8 5 8241 Mld—Cities Blvd., Suite 102 • North Richland Hills, TX 76182
PH:817.776.4049 • epryOspry�auurveyors.com • www.sprysurveyors.com
S. N 647 Firm fteg. No. 10112000
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EXHIBIT D
Certificate of Insurance
Tier II Easement Encroachment Agreement
PN21-00071
Page 13 of 13
Revised 11/2020
/