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HomeMy WebLinkAboutContract 59349Date Received: 5/8/2023 Record Number: PN22-00011 Time Received: 12:21 p.m. City Secretary No.: 59349 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 7550 Oak Grove (Fort Worth) Owner, LLC, a(n) Delaware limited liability company ("Licensee"), acting by and through its duly authorized Vice President. RECITALS WHEREAS, Licensee is the owner of the real property located at 7550 Oak Grove Road, Fort Worth, Texas 76140 ("Property"), recorded in Deed Records, by Instrument Number D220061667, in Tarrant County, Texas being more particularly described in the attached Exhibit "A" which is incorporated herein for all purposes; and WHEREAS, the City owns a sanitary sewer 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 Instrument No. D223035734; and WHEREAS, Licensee desires to construct, place, and maintain certain improvements which will encroach in, on, above, or below the Public Property; and WHEREAS, to accommodate the needs of the Licensee, the City will allow the encroachment under the terms and conditions as set forth in this Agreement. NOW, THEREFORE, the City and Licensee agree as follows: AGREEMENT 1. The City, in consideration of the payment by Licensee of the fee set out below and covenants and agreements hereinafter contained to be kept and performed by Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and occupy a portion of the City's Public Property as described in and at the location shown on Exhibit "C," but only to the extent shown thereon, for the purpose of constructing, installing, and maintaining a private water lines and storm lines (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 OFFICIAL RECORD Tier II Easement Encroachment Agreement CITY SECRETARY Page 1 of 13 FT. WORTH, TX Revised 11/2020 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 duly authorized representative. Licensee shall not commence construction or installation of the Encroachment nor make any use of the Public Property until after the execution of this Agreement. 3. Licensee, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or future utilities affected by such Encroachment and the use and occupancy of the Public Property, including the securing the approval and consent of the appropriate utility companies and agencies of the State of Texas and its political subdivisions. In the event that any installation, reinstallation, relocation, or repair of any existing or future utility or improvements owned by or constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance, or existence of the Encroachment and use of Public Property, Licensee shall pay to City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department, or their duly authorized representative. 4. Licensee agrees that City may enter and utilize the Public Property at any time for any public purpose, including installing, repairing, replacing, or maintaining improvements to its public facilities or utilities necessary for the health, safety, and welfare of the public. The City shall have no responsibility or liability for any damages related to the Encroachment resulting from the City's use of the Public Property; however, the City shall make reasonable efforts to minimize such damage. 5. Upon termination of this Agreement, Licensee shall, at the option of and at no expense to the City, remove the Encroachment and restore the Public Property to a condition acceptable to the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department or their Tier H 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. 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 ($900.00). 7. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by City. However, the City may terminate this Agreement upon Licensee's noncompliance with any of the terms of this Agreement. City shall notify Licensee in writing of any such noncompliance and if Licensee does not cure the noncompliance within thirty (30) days of notice from City, the City may terminate this Agreement. However, the City may, at its sole option, allow the Agreement to remain in effect so long as Licensee has taken reasonable measures to cure the noncompliance or is continuing to diligently attempt to remedy the noncompliance. 8. It is further understood and agreed between the parties hereto that the Public Property to be used and encroached upon is held by City as trustee for the public; that City exercises such powers over the Public Property as have been delegated to it by the Constitution of the State of Texas or by the Texas Legislature; and that City cannot contract away its duty and its legislative power to control the Public Property for the use and benefit of the public. It is accordingly agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the Public Property to be used for any other public purpose, including but not being limited to underground, surface, or overhead communication, drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not, that the parties agree to negotiate in good faith in order to accommodate both the Encroachment and the public purpose. Tier II Easement Encroachment Agreement Page 3 of 13 Revised 11/2020 9. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER 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. Tier II Easement Encroachment Agreement Page 4 of 13 Revised 11/2020 11. Licensee agrees to deposit with the City when this Agreement is executed a sufficient sum of money to be used to pay necessary fees to record this Agreement in the real property records of the county in which the Encroachment is located. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. 12. Licensee agrees to comply fully with all applicable federal, state, and local laws, statutes, ordinances, codes, and regulations in connection with the construction, operation, and maintenance of the Encroachment and use of the Public Property. 13. Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for by this Agreement or by any federal, state, or local statute, law, or regulation. 14. Licensee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant, or employee of City, and Licensee shall have exclusive control of and the exclusive right to control the details of its operations, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. The doctrine of respondeat superior shall not apply as between City and Licensee, its officers, agents, servants, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Licensee. 15. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain, and locate the Encroachment over or within the Public Property and is not a conveyance of any right, title, or interest in or to the Public Property, nor is it meant to convey any right to use or occupy property in which a third -party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. 16. In any action brought by the City for the enforcement of the obligations of the Licensee, City shall be entitled to recover interest and reasonable attorneys' fees. Tier II Easement Encroachment Agreement Page 5 of 13 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] City: Licensee: Tier H Easement Encroachment Agreement Page 6 of 13 Revised 11/2020 CITY OF FORT WORTH By;DJ Harrell (May 2, 202310:15 CDT) D.J. Harrell, Director of the Development Services Department Date: May 2, 2023 4.p'04UUn�� doF F°°RT�aa� p°° ° o ATTEST: p-s op�,o o o= � `'��Staxu aaaab nEXA?oa00000000 d Jannette Goodall, City Secretary Date: May 8, 2023 LICENSEE 7500 Oak Grove Rd (Fort Worth) Owner, LLC a Delaware limited liability company by: CIM Urban Income Investments Holdings Parent, LLC a Delaware limited liability company Approved As To Form and Legality Jeremy Anato-Mensah Assistant City Attorney Date: Apr 25, 2023 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 Diane Owen Rebecca Diane Owen (Apr 25, 2023 15:33 CDT) Rebeca Owen Development Services Date: Apr 25, 2023 OFFICIAL RECORD Tier II Easement Encroachment Agreement CITY SECRETARY Page 7 of 13 Revised 11/2020 FT. WORTH, TX CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On ApAj 13 X23 before me, Patricia Gutierrez, Notary Public Date n, Here Insert Name and Title of the Officer personally appeared Name(sj of Signer(s) who proved to me on the basis of satisfactory evidence to be the personka)"6vhose name(.Wis/af"ubscribed to the within instrument and acknowledged to me that he/Qhefthey executed the same in hisLh� authorized capacity>aT; and that by his/l;er keirsignaturef,* bn the instrument the personkW, or the entity upon behalf of which the personf. cted, executed the instrument. PATRICIAGUTIERREZZ J Notary Public - California Los Angeles County Commission # 2421038 My Comm. Expires Oct 14, 2026 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY underthe laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature f Notary Public ^M-r1rf AlA 1 Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: o Corporate Officer —Title(s): o Partner — ❑ Limited ❑ General o Individual o Attorney in Fact o Trustee o Guardian or Conservator o Other: Signer is Representing: ©2018 National Notary Association Number of Pages: Signer's Name: o Corporate Officer—Title(s): o Partner — ❑ Limited ❑ General o Individual o Attorney in Fact o Trustee o Guardian or Conservator o Other: Signer is Representing: 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 2nd day of May , 20 23 . Wendy L. Digitally signed by Wendy L. Beardslee Date:2023.05.02 o�PFtyPUe/ WENDY L BEARDSLEE Beardslee z Notary Public 16:51:57-05'00' * * STATE OF TEXAS Notary Public in and for the State of Texas �9r e Notary I.D. 13323719-3 FOF My Comm. Exp. July 28, 2025 After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 Tier II Easement Encroachment Agreement 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 , on this day personally appeared Shaul Kuba, Vice 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 7500 Oak Grove Rd (Fort Worth) Owner, LLC, a a Delaware limited liability company (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20 SEE ATTACHED Notary Public in and for the State of Tier H Easement Encroachment Agreement Page 9 of 13 Revised 11/2020 EXHIBIT A Legal Description of the Licensee's Property All of Lot 2R, block 7, CARTER INDUSTRIAL PARK, an Addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat thereof recorded under Instrument No. D213046190, Real Property Records, Tarrant County, Texas. Tier H Easement Encroachment Agreement Page 10 of 13 Revised 11/2020 PLOTTED BY STEVENS. MATTHEW 5/23/202.2 4:33 PM DING NAME K:\FlW_gNL\0E1514502 — CIM — JUNCTION 2D35\OWG\DMIBITS\NgNITY MAP.DMG LAST SAVED 1/25/2022 0:25 AM 3 ASy a ^a�ti� yak a'O�O SYCgMORE fDCfCCIFF E��Fq S n m 1 r wCRrN CTry / 00 z < m N a m A Cfry Z ti R��k ti 3 REGE DALE CHA TIL °d Q359N 2x -��tw, �� xzZ zz�< 3 d RI3 < xv a c a o m D A �o r d m a r O m (7 a WILL ROGERS z 1_ 13 m Z od A SNOWDEN ci c m ALBERTSON OAK GROVE OAK GR❑ C9 'yo ELM L a m M r m m D t/� N oa a a ld m c3 FLOYD z A SON do�,4d� a IN A D EXHIBIT B Depiction of the Public Property Tier II Easement Encroachment Agreement Page 11 of 13 Revised 11/2020 mo iF N .L W ����in OcDiN �O *gym OOmOm X dv �O C �0 m N N N N N N { f. co (n0 ZO C �n Om �WZ r-A�•IcO Oo f� mom ... ,� A m (D O W "O fp^CQC C O nmZ,� o 0 0 0 0 o N N N N N N W %� D-' }7 D N rT�m %� n A OtOW -03 Dm� '••�8�q;• fD _ Z A Z O N N N fJ N fJ O N O C� :U co O C: ', m A C% •* m y c N 3 N co D ti O< G 2> Gi D Z rii D a+ m Gl pug , r 117 C: •• Y: N O o. m vv° m'•m � O 0 D m D N O O m V O f7 N N O _ SY -IN 0. {� N DDUm X O T, j { ;y_nn (0 j o r D m m �' H a A t Z D Z O H 9 0 D (D O W OG O 0 -i r 0 m .i1 -i C O O O O (i a �'oco0 N-0 '= C Z G7 -1 ,, oFL O m0 7a -1 vi Z wxCL `2 0 0 .1Do A30 05 y o <1 cD -y-O wz m 3 H c cva 2 =aa' o- 0 m0 m n 0 0 z 0 O1yC H a N ?1D :,-n $ O. (D 0 , ^off o }N 7)m )u ONp Z0 0 m0 00'o m0 °D0 OT.A 0 3 vm c oni m p_O. in n0 X MOM -N ''m m`n.. A 44 c m .- m e D D �1 D A �� o r ;o n0 �Z 0d 2. �.,CD Po N �w 0G)0 * 71> NOm n3 ACN N by f7� fD �.aa Z m G7 V1 A w OO ��z2� mi3cxi .ni mM �.�-� ?'O N -DDi F :n G W x y�o A A A m °z gm o�wm -i p o ti 52000 a 0 0��� O 0 0 0 0 0 0 m m � (OD m C T' o'7 `o Fr m OD o O PART OF BLOCK B CMTER WOUSTRWL PARK (VO1-311"1, PG. 62) 1 �I �LJ I £ I 1 I I I I I I 1.^ I A s� I o o, I :n $ m 889.2r1o'W 626.9T f A i y° ` of -------------------eu.v_r � ° -------------' ,r■wxTaF+v�r °FgMn°II prTxurun isw6n AWG WAY � I � inB $ 1g; � 3 ��x$P �gggz 333� $Pc 7gg�;A s N� N �m LOT o, BLOCK ■ CARTER IROUSTRUL PARK (uo. A. sL.2eeo) n --------------------------------------SW2#2swawd�------------- ----- ----------- ----- ------- ------------------------ ---------------------li !7 T II SB9'2ZI8W 464.69' ? I I I II C � m III II III If Ili I�1 II ZZ III L �tl90 I I I � I it I N � I II I asggg I � II _______________________________________________ l II I I I� I Nr I1 qq NDN �� II It B J I II 1II III II II IT Il rt uor�000a ���ao0�08 aoo©oases®®®a®�©oo©oo©oaA ��O�D�DOB00�DaB�B��a8R 90©©©f30© a aBfB© �©0©A F1110 B��8�8a�0a0o0a2ooaoaa0aa I it - $ u ii8 II I'III l °[I II II I a RB9'26'66'E 706.TS' C I I It fi yq III J S � a 3i i r—tit 14-I � I-7 ySaj aq yq p; g o f n l I 1 II IIp I � I II I l I n q I nl ^ .� 98 m 1 11FM6 4--L° 11 OV02i 1SV313or s ;1 'lE1VJHLCtRK 6D N O -n W 8 �000�B�BB8�0�0��8B8B�0��0 H j s s H 11 HIM:,' 6gg6, a 3 g$ 1� If f-H f EXHIBIT C Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page 12 of 13 Revised 11/2020 PLOTTED BY DWO NAME LAST SAVED D0 c_ NBC0 NO L D C Z N C CrV r G D J u Ul = C) (Jl 0 o D F_ m II m CA -mi O O STEVEN% MATTHEW 5/24/2022 8:52 AM K:\FTW-CIVIL\004514502 - CIM - JUNCTION 2DJ5\DMC\DOBBITS\ENCROACHMENT SITE PLAN.BW0 5/23/2022 5:37 PM BEN E KEITH CO (VOL. 8409, PG. 204) - ---- fK -- o o f7DA 9� J A_I Z �1 O O p � D O C W , r OI 0 i o�OO a� D T N _ rn r - V o I' _ m v A ;u T. -� a nv mm A y _ 0 y O m = D f w rO N 0 romN Wyk fZn3 — Z o mm {m �mw Lei+'�,I n#i arn, �-Zi0 3ANG sNosild38-id (9896 'Od 14178 '10A) 00 NOI1Of1OO21d ONVI N3NO213W I I 1= my T y m 2 '' A x �m � lA-ll y �> m 5u 0 A Im —J D 0 0 m ��m o r ;m "� mm D o m C/) �Z� I o 0 Ijo < -y Oyy> wm� Z gm y mom A T{�rn y mm T m 0 w Z z mwm c� y vm m I ii z 0 D0 C- � N C O 0 N� Z + Leo 0 X D • w 0 ir h m ME I 'Lloom 1100 No 001] Tr I Tr ISSUE MPIN 0 I OEM 9lrm.N IN LEGAL DESCRIPTION EASEMENT ENCROACHMENT BEING a 627 square foot (0.0144 acre) tract of land (TRACT 1) and a 1,601 square foot (0.0367 acre) tract of land (TRACT 2) situated in the J. Jennings Survey, Abstract No. 874, City of Fort Worth, Tarrant County, Texas; said tract being part of Lot 2R, Block 7, Carter Industrial Park, an addition to the City of Fort Worth, Texas according to the plat recorded in Instrument No. D213046190 of the Official Public Records, Tarrant County, Texas; said tract being more particularly described as follows: TRACT 1 COMMENCING at a 5/8-inch iron rod with cap stamped "JACOBS" found at the northeast corner of said Lot 2R; THENCE South 89028'58" West, along the north line of said Lot 2R, a distance of 568.98 feet to a point; from said point a 60D nail found at the northwest corner of said Lot 2R bears South 89°28'58" West, a distance of 744.27 feet; THENCE South 0°31'02" East, departing the said north line of Lot 2R, a distance of 82.63 feet to the POINT OF BEGINNING; said point being in the east line of a proposed 30-foot wide sanitary sewer easement; THENCE South 60031'02" East, along the said east line of the proposed 30-foot wide sanitary sewer easement, a distance of 16.61 feet to a point for corner; THENCE South 00°31'02" East, continuing along the said east line of the proposed 30-foot wide sanitary sewer easement, a distance of 2.48 feet to a point for corner; THENCE South 89°28'58" West, departing the said east line of the proposed 30-foot wide sanitary sewer easement, a distance of 55.71 feet to a point for corner in the west line of said proposed 30-foot wide sanitary sewer easement; THENCE North 60°31'02" West, along the said west line of the proposed 30-foot wide sanitary sewer easement, a distance of 20.62 feet to a point for corner; THENCE North 89°01'26" East, departing the said west line of the proposed 30-foot wide sanitary sewer easement, a distance of 59.18 feet to the POINT OF BEGINNING and containing 627 square feet or 0.0144 acres of land, more or less. EASEMENT ENCROACHMENT PART OF LOT 2R, BLOCK 7 CATER INDUSTRIAL PARK J. JENNINGS SURVEY, ABST. NO. 874 CITY OF FORT WORTH TARRANT COUNTY, TEXAS 211 BLOCK 7 CARTER IND PARK - TRACT 2 COMMENCING at a 5/8-inch iron rod with cap stamped "JACOBS" found at the northeast corner of said Lot 2R; from said point a 60D nail found at the northwest corner of said Lot 2R bears South 89°28'58" West, a distance of 1,313.25 feet; THENCE South 0°31'24" East, along the east line of said Lot 2R, a distance of 397.34 feet to a point; THENCE South 89028'36" West, a distance of 554.64 feet to the POINT OF BEGINNING; said point being in the east line of the proposed 30-foot wide sanitary sewer easement; THENCE South 00'31'02" East, along the said east line of the proposed 30-foot wide sanitary sewer easement, a distance of 53.35 feet to a point for corner; THENCE South 89028'58" West, departing the said east line of the proposed 30-foot wide sanitary sewer easement, a distance of 30.00 feet to a point for corner in the west line of said proposed 30-foot wide sanitary sewer easement; THENCE North 00°31'02" West, along the said west line of the proposed 30-foot wide sanitary sewer easement, a distance of 53.35 feet to a point for corner; THENCE North 89°28'58" East, departing the said west line of the proposed 30-foot wide sanitary sewer easement, a distance of 30.00 feet to the POINT OF BEGINNING and containing 1,601 square feet or 0.0367 acres of land, more or less. Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202). A metes & bounds description of even survey date herewith accompanies this survey plat. The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the encroachment tract. MICHAE1 C. BILLINGSLEY REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6558 1 801 CHERRY STREET, UNIT 11 SUITE 1300 FORT WORTH, TEXAS 76102 PH. 817-335-6511 michael.billingsley@kimley-horn.com EASEMENT ENCROACHMENT PART OF LOT 2R, BLOCK 7 CATER INDUSTRIAL PARK J. JENNINGS SURVEY, ABST. NO. 874 CITY OF FORT WORTH TARRANT COUNTY, TEXAS PADILLA. CAELAN - REPLA1IDWG1061290104-LOT 211 TEXAS ELECTRIC —{-15' SANITARY (� SERVICE COMPANY R EASEMENT I I (VOL. 878, PG 3 3) P • O • `� 60-D NF (C.M,) (VOL. 2911, PG. 367) 744.27' 8985W -TIS' 56898 ' 5/8"— IR —1313.L5' SO°31 02* "JACOB ------------J s L5 .P.O. (c.M.) Y .. d CO I J 6 U o- O (n CD m � N CO Ow W O �Z U -------_—_ — — L1 ---- PROPOSED �S1 \ L2 30' SANITARY SEWER EASEMENT 1 L3 7.5' EITHER SIDE OF EXISTING 16 SS ESMT (VOL. 388-216, PG. 47) I 15' SANITARY SEWER EASEMENT I TRACT 1 (VOL.368-216, PG.47) I I EASEMENT 15' SANITARY SEWER EASEMENT (VOL. 5855, PG.524) I I ENCROACHMENT PROPOSED I 0.0144 ACRES 3V SANITARY SEWER EASEMENT I I 627 SQ. FT, NORTH Na 0 50 100 GRAPHIC SCALE IN FEET LEGEND LINE TABLE NO. BEARING LENGTH L1 S60°31'02"E 16.61' L2 S00°31'02"E 2.48' L3 S89°28'58"W 55.71' L4 N60°31'02"W 20.62' L5 N89°01'26"E 59.18' L6 S00°31'02"E 53.35' L7 S89°28'58"W 30.00' L8 N00°31'02"W 53.35' L9 N89°28'58"E 30.00' P.O.B. = POINT OF BEGINNING IRF = IRON ROD FOUND C.M. = CONTROLLING MONUMENT NOTES I I I I LOT 2R, BLOCK 7 I I CARTER INDUSTRIAL PARK I I (INST. NO. D213046190) I I 7550 OAK GROVE RD (FORT WORTH) OWNER LLC (INST. NO. D220061667) P.O. B. I I L9 I S89°28'36"W 554.64' OD (0 J J TRACT 2 i i7 EASEMENT L ENCROACHMENT 0.0367 ACRES 1,601 SQ. FT. Q d 00 � J N Y Q N [0 ::) 0 O OQZ --I W LA Z U v Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202). A metes & bounds description of even survey date herewith accompanies this survey plat. The undersigned, Registered Professional Land Surveyor, hereby certifies that this plat of survey accurately sets out the metes and bounds of the encroachment tract. MICHAEL C. BILLINGSLEY REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6558 I 801 CHERRY STREET, UNIT 11 SUITE 1300 FORT WORTH, TEXAS 76102 PH. 817-335-6511 michael.billingsley@kimley-horn.com EASEMENT ENCROACHMENT PART OF LOT 2R, BLOCK 7 CATER INDUSTRIAL PARK J. JENNINGS SURVEY, ABST. NO. 874 CITY OF FORT WORTH TARRANT COUNTY, TEXAS PADILLA. 211 BLOCK 7 CARTER 211 BLOCK 7 CARTER DocuSign Envelope ID: FAEAAC36-05DE-4782-83F3-005F599265F8 FORT WORTH WATER DEPARTMENT PROJECT AUTHORIZATION TO: Director, Water Department Made by: Scott Lafferty FROM: Design Services Date: 5/3/2022 Project No. (office) S-2204-04 Water Proj.# City Project � 100909 DOE/TPW # Description: Prop. 475 Lf. 12" Sewer Ext., 8" Service & 10" Service Location: 7550 Oak Grove Rd. (CIM Junction 2035) Lot: Addition: 2113 Carter Industrial Park Project Cost Estimate Summary: Total Estimated Construction Cost: Engineering @ 10% Total Estimated Construction Cost: Construction Cost to Developer: Plus Service Connections: Total Cost to Developer: Total Cost to City: Financing: Developer (Y) New Construction (Y) Replacement (N) Block $ 87,233.30 7 $ 79,303.00 $ 7,930.30 $ 87,233.30 $ 87,233.30 Budget Account (N) Bond Fund (Y) Single Customer (Y) Adjustment (N) Texas Department of Transportation Approval Required No Plans Approved by Texas Department of Transportation: Date: Remarks: Project requested by Matthew Stevens w/ Kimley Horn @ (281)723-1143 matthew.stevense-kimlev-horn.com Approved By: Customer Contacted by: Lawrence Hdmilton, P.E., Project Manager Comments: Payment Received for: Mains Work order I X-File # Taps By: Date: t �a Date: CISCO LID# DCUSign Envelope ID: FAEAAC36-05DE-4782-83F3-005F599265F8 TA PROJECT LOCATION R ,I I j-' ,�,' �I � �' t � � t I ! •t 7 L: II I ) j. I i e E r T ��n¢w i d- . 1= - v ;OPYRIGHT 2011 CITY OF FORT WORTH. UNAUTHORIZED REPRODUCTION IS A VIOLATION OF APPLICABLE LAWS. THIS PRODUCT IS FOR NFORMATIONAL PURPOSES AND MAY NOT HAVE BEEN PREPARED FOR OR BE SUITABLE FOR LEGAL, ENGINEERING, OR SURVEYING PURPOSES. T DOES NOT REPRESENT AN ON -THE -GROUND SURVEY AND REPRESENTS ONLY THE APPROXIMATE RELATIVE LOCATION OF PROPERTY BOUNDARIE: -HE CITY OF FORT WORTH ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF SAID DATA. EXHIBIT D Certificate of Insurance Tier II Easement Encroachment Agreement Page 13 of 13 Revised 11/2020