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HomeMy WebLinkAboutContract 59483Date Received: 05/26/23 Time Received: 10:00 AM Record Number: PN23-00029 City Secretary No.: 59483 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 NG19, LP a(n) California limited partnership ("Licensee"), acting by and through its duly authorized President. RECITALS WHEREAS, Licensee is the owner of the real property located at 8651 Anderson Blvd, Fort Worth, Texas 76120("Property"), as recorded in Deed Records as All of Lot 3, Block 12 Eastchase by Instrument Number D219213081, in Tarrant County, Texas, and; WHEREAS, the City owns or has an interest in a public utility easement, (the "Public Property") adjacent to the Property, and as recorded in the deed records of Tarrant County by instrument number D200283526; and WHEREAS, WHEREAS, Licensee desires to construct, place, and maintain certain improvements which will encroach in, on, above, or below the Public Property; and WHEREAS Licensee has received consent from the other franchise utility companies to construct, place, and maintain the improvements within the public utility easement; 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 11 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 "A," but only to the extent shown thereon, for the purpose of constructing, installing, and maintaining a private storm drain, monument sign and water line (the "Encroachment"). Tier Ii Easement Encroachment Agreement OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 what is specifically described in Exhibit "A." 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. Licensee has received the approval and consent of certain franchise utility companies and such consents are attached hereto as Exhibit "B." Licensee agrees that it shall secure the approval and consent of all other 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. ki Tier 11 Easement Encroachment Agreement Page 2 of 12 Revised 12/2022 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 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 Nine 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 11 Easement Encroachment Agreement Page 3 of 12 Revised 12/2022 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 "C" 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 li Easement Encroachment Agreement Page 4 of 12 Revised 12/2022 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 11 Easement Encroachment Agreement Page 5 of 12 Revised 12/2022 17. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. 18. Licensee covenants and agrees that it will not assign all or any of its rights, privileges, or duties under this Agreement without the written approval of the City, and any attempted assignment without such written approval shall be void. In the event Licensee conveys the Property, Licensee may assign all of its rights and obligations under this Agreement to the new owner of the Property, and Licensee shall be deemed released from its duties and obligations hereunder upon City's approval in writing of such assignment, which approval shall not be unreasonably conditioned or withheld. Foreclosure by a secured lender of Licensee or assignment to a secured lender by Licensee in the event of default or otherwise shall not require City approval provided that said lender notifies City in writing within sixty (60) days of such foreclosure or assignment and assumes all of Licensee's rights and obligations hereunder. However, no change of ownership due to foreclosure or assignment to any secured lender of Licensee shall be effective as to City unless and until written notice of such foreclosure or assignment is provided to City. 19. Any cause of action for breach of this Agreement shall be brought in Tarrant County, Texas. This Agreement shall be governed by the laws of the State of Texas. 20. This Agreement shall be binding upon the parties hereto and their successors and assigns. 21. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument [SIGNATURES APPEAR ON FOLLOWING PAGE] Tier II Easement Encroachment Agreement Page 6 of 12 Revised 12/2022 City: CITY OF FORT WORTH By: DJ Harrell (May 25, 2023 15:17 CDT) D.J. Harrell, Director of the Development Services Department Date: May 25, 2023 ATTEST: v Jannette Goodall, City Secretary Date: May 26, 2023 Tier ii Easement Encroachment Agreement Licensee: NG 19, LP a California limited liability company by: Niki GP, LLC nVliability company By: Name: David Trakman Title: President Date: ' 11D..1 a3 Approved As To Form and Legality Jeremy Anato-Mensah Assistant City Attorney Date: May 23, 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 (May 23, 2023 13:53 CDT) Rebecca Owen Development Services Date: May 23, 2023 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared D.J. Harrell, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of the City of Fort Worth, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 25th day of May , 2023 Wen d L� Digitally signed by Y Wendy L. Beardslee Bea rd s I ee Date: 2023.05.25 15:33:19-05'00' 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 2�pRYP(WENDY L BEARDSLEE Notary Public * ` * STATE OF TEXAS Notary I.D. 13323719-3 9�OF My Comm. Exp. July 23, 2025 Tier II Easement Encroachment Agreement OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 11E9 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 Calif nia County of r) J} On before me', personally appeared Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 40my m.BORDER Notary Public -California San Diego County Commission S 236727 8 8 Comm, Expires Jul 22, 2025 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of No cry Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Ddc&m Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ©2019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): p Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: EXHIBIT A Depiction and description of the Encroachment Tier 11 Easement Encroachment Agreement Page 10 of 12 Revised 12/2022 JOHN T WHITE RD z w Q � � z w Q w d z = U z SITE w 0 ANDERSON BLUD CINA CREEK PKWY FREEWAY ----------------------- ----------------- TOM LANDRY IT VICINITY MAP N.T.S. MAPSCO NO. 67X EXHIBIT "A" LEGAL DESCRIPTION TRACT 1 Being a 0.0007 of an acre tract of land situated in the A. Curry Survey, Abstract No. 375, City of Fort Worth, Tarrant County, Texas, being a portion of Lot 3A, Block 12, Eastchase Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in Document Number D200283526 of the Official Public Records, Tarrant County, Texas, (O.P.R.T.C.T.), and as described in Warranty Deed to NG19, LP, as recorded in Document Number D222263938, O.P.R.T.C.T. and being more particularly described as follows: COMMENCING at an "X" cut in concrete (Controlling Monument (CM)) found at the most southerly southeast corner of said Lot 3A, same being on the southerly line of said Lot 3A and being on the northerly right-of-way line of Anderson Boulevard (60 foot wide right-of-way); THENCE South 86 degrees 48 minutes 48 seconds West, along the common southerly line of said Lot 3A, and the northerly right-of-way line of said Anderson Boulevard, a distance of 1.47 feet to a point for comer, the POINT OF BEGINNING; THENCE South 86 degrees 48 minutes 48 seconds West, continuing along said common line, a distance of 5.99 feet to a point for corner, from which an "X" cut in concrete found (CM) at the southwest corner of said Lot 3A bears South 86 degrees 48 minutes 48 seconds West, a distance of 124.01 feet, same being on the southerly line of a 10 foot wide Utility Easement, as recorded in Document Number D200283526, O.P.R.T.C.T.; THENCE departing the said common line and across said 10 foot wide Utility Easement and Lot 3A the following three (3) courses and distances: 1) North 03 degrees 52 minutes 10 seconds West, a distance of 10.00 feet to a point for corner, Same being on the northerly line of an existing 10 foot Utility Easement, as recorded in Document Number D200283526, O.P.R.T.C.T.; 2) North 86 degrees 48 minutes 48 seconds East, continuing across the northerly line of said 10 foot Utility Easement, a distance of 5.99 feet to a point for comer inside an existing 10 foot Utility Easement, as recorded in Cabinet A, Slide 5189, O.P_R.T.C.T.; 3) South 03 degrees 52 minutes 10 seconds East, continuing across said 10 foot Utility Easement and across a 20 foot by 20 foot Public Open Space Easement, as recorded in Document Number D200283526, O.P.R.T.C.T., a distance of 10,00 feet to the POINT OF BEGINNING and containing 0.0007 of an acre of land (32 sq. ft.), more or less; ENCROACHMENT AGREEMENT -TRACT 1 A PORTION OF LOT 3A, BLOCK 12 EASTCHASE ADDITION AN CURRY SURVEY, ABSTRACT NO. 375 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS JOB No. TR-133-23 DRAWN BY: MMS DATE: MARCH 10, 2023 CHECKED BY: MAN SCALE: 1 "=20' SHEET 1 OF 2 10/23 T K MARK ALLAN NACE r'•'415539 � o 0 MARK ALLAN NACE ` TEXAS RPLS NO. 5530 a sDly I ConWmw SWdN I Planing 14200 Midway Road, Suite 130 Dallas, TX 75244 T: 469.784.9321 W: TraverseLandSurveying.com Texas Firm No. 10194631 LOT 3A, BLOCK 12 EASTCHASE DOC. No. D200283526 O.P_R.T.C.T. NG19. LP DOC. NO. D219213081 O.P.R.T.C.T. 0.7391 ACRES 32,195 SO. FT. EXHIBIT "A" 10' UTILITY EASEMENT CAB. A, SL. 51891CL O.P.R.T.C.T. TRACT 1 EXISTING MONUMENT SIGN I ENCROACHING 10' UTILITY ESMT. & 20'x20' PUBLIC OPEN SPACE ESMT. 0.0007 ACRES (32 SQ. FT.) "X" CUT FOUND IN CONC. (CM) 10' UTILITY EASEMENT \ INST. NO. D200283526 O.P.R.T.C.T. — ~� L3 S 86'48'48" W 41 rL51 LINE TABLE No. Bearing Distance. L1 S 86'48'48" W 1.47' L2 S 86'48'48" W 5.99' L3 N 03'52'10" W 10.00' L4 N 86'48'48" E 5.99' L5 S 03-52.10" E 1 10.00' 20' X 20' PUBLIC OPEN SPACE EASEMENT INST. NO. D200283526 O.P.R.T.C.T. 5/8" IRON ROD W/CAP 'VMA" FOUND 15.03' Xy X" CUT FOUND IN CONC. —N 03'11'31" W 5.93' POINT OF POINT OF COMMENCING BEGINNING "x CUT FOUND (CM) L1 ANDERSON BOULEVARD (60' RlGHT—OF—WAY) Y SCR'VE75 N ("fit 'r s AB�TR The Basis of Bearings is from the Texas State Plane Coordinate System, NAD83, North Central Zone as derived from GPS observations using the Allterra RTK Network and adjusted to surface using a surface scale factor of 1.00012. 20 10 0 SCALE IN FEET ENCROACHMENT 3/10/23 OF AGREEMENT -TRACT 1 � Faq� o A PORTION OF LOT 3A, BLOCK 12 MARK ALLAN NACE n [—)S(E EASTCHASE ADDITION r'."°p 5539 .� .0 11�155 ETiL AN CURRY SURVEY, ABSTRACT NO. 375 �' of o? L d ^ t DD amff'flm CITY OF FORT WORTH, TARRANT COUNTY, TEXAS 0 SURD Sun�lg CaWarbonSi3WQI Platting JOB No_ TR-133-22 DRAWN BY: MMS 14200 Midway Road, Suite 130 Dallas, T: 46urveyi 9321 DATE: MARCH 10, 2023 CHECKED BY: MAN MA K ALLAN NACE W: TraverseLandSurveying.com : T avers SCALE: 1 "=20' SHEET 2 OF 2 TEXAS RPLS NO. 5539 Texas Firm No. 10194631 EXHIBIT "A" LEGAL DESCRIPTION TRACT 2 Being a 0.0116 of an acre tract of land situated in the A. Curry Survey, Abstract No. 375, City of Fort Worth, Tarrant County, Texas, being a portion of Lot 3A, Block 12, Eastchase Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in Document Number D200283526 of the Official Public Records, Tarrant County, Texas, (O.P.R.T.C.T.), as described in Warranty Deed to NG19, LP, as recorded in Document Number D219213081, O.P.R.T.C.T. and being more particularly described as follows: COMMENCING at an "X" cut in concrete (Controlling Monument (CM)) found at the intersection of the most easterly southeasterly corner of said Lot 3A, Block 12, same being on the northerly right-of-way line of Anderson Boulevard (60' right-of-way) and the westerly right-of-way line of Eastchase Parkway (120 right-of-way), same being the beginning of a non -tangent curve to the left, having a central angle of 00 degrees 06 minutes 39 seconds, a radius of 14,756.47 feet and being subtended by a chord bearing of North 03 degrees 25 minutes 05 seconds West, a chord distance of 28.53 feet THENCE along the common east line of said I.ot 3A and the westerly right-of-way line of said Eastchase Parkway, in a northwesterly direction, an arc distance of 28.53 feet to a point for corner, the POINT OF BEGINNING; THENCE departing said common line of said Lot 3A and the westerly right-of-way line of said Eastchase Parkway, and across an existing 10 foot Utility Easement, as recorded in Document Number D200283526 O.P.R.T.C.T.; the following six (6) courses and distances: 1) North 46 degrees 26 minutes 01 seconds West, a distance of 7.28 feet to a point for corner; 2) North 04 degrees 30 minutes 33 seconds West, a distance of 88.64 feet to a point for corner; 3) North 48 degrees 27 minutes 49 seconds West, a distance of 5.10 feet to a point for corner being in the westerly line of said 10 foot Utility Easement; 4) North 03 degrees 35 minutes 47 seconds West, along the westerly line of said 10 foot Utility Easement, a distance of 7.09 feet to a point for corner; 5) South 48 degrees 27 minutes 49 seconds East, departing the westerly line of said 10 foot Utility Easement a distance of 12.15 feet to a point for corner; F ENCROACHMENT AGREEMENT -TRACT 2 A PORTION OF LOT 3A, BLOCK 12 EASTCHASE ADDITION A. CURRY SURVEY, ABSTRACT NO. 375 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS JOB No. TR-133-22 DRAWN BY: DV DATE: MARCH 10, 2023 CHECKED BY: MAN SCALE: 1 "=20' SHEET 1 OF 4 3/10/23 A\. rE+ �. � ...................... . MARK ALLAN NACE <''•' 5539 MARK ALLAN -NACE TEXAS RPLS NO. 5 a Surveying Corlstrlx Staking I PMn9 14200 Midway Road, Suite 130 Dallas, TX 75244 T: 469.784.9321 W: TraverseLandSurveying.com Texas Firm No. 10194631 EXHIBIT "A" LEGAL DESCRIPTION TRACT 2 6) South 04 degrees 30 minutes 33 seconds East, a distance of 88.52 feet to a point for corner, on the common easterly line of said Lot 3A and the westerly right-of-way line of the aforementioned Eastchase Parkway from which a "X" cut in concrete (CM) found bears North 03 degrees 34 minutes 25 seconds West, a distance of 36.45 feet, same being the beginning of a curve to the right, having a central angle of 00 degrees 01 minutes 46 seconds, a radius of 14,756.47 feet and being subtended by a chord bearing of South 03 degrees 29 minutes 17 seconds East, a chord distance of 7.56 feet; THENCE continuing along said common line in southeasterly direction, an arc distance of 7.56 feet to the POINT OF BEGINNING and containing 0.0116 of an acre (505 square feet) of land, more or less. F ENCROACHMENT AGREEMENT -TRACT 2 A PORTION OF LOT 3A, BLOCK 12 EASTCHASE ADDITION A. CURRY SURVEY, ABSTRACT NO. 375 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS JOB No. TR-133-22 DRAWN BY: DV DATE: MARCH 10, 2023 CHECKED BY: MAN SCALE: 1 "=20' SHEET 2 OF 4 3/10/23 �.OF T *: ....................... MARK ALLAN NACE r'• ys 5539 �--j i.i MARK ALLAN NACE L TEXAS RPLS NO. 5539 o cir SuReft g I Consaur w Staking I Platling 14200 Midway Road, Suite 130 Dallas, TX 75244 T: 469.784,9321 W: TraverseLandSurveying.com Texas Firm No. 10194631 1 EXHIBIT "A" r- l i 20 10 0 I -- SCALE IN FEET TRACT 2 5' STORM DRAIN ENCROACHMENT I 0.0116 ACRES (505 SQ. FT.) Z L c.� LOT 3A, BLOCK 12 1 EASTCHASE DOC. No. D200283526 I 0.P.R.T.C.T. 00 Ca NG19. LP I P DOC. NO. D219213081 O.P.R.T.C.T. Y A- CUgACT ABST 0.7391 ACRES 32,195 SQ- FT. '. I SV NO- -10' UTILITY EASEMENT INST. NO. D200283526 O.P.R.T.C.T. S 04'30'33" E 88.52' "x" CUT FOUND IN CONC_ N M M 0 0 `. f— C2 I I\ I 20' X 20' PUBLIC OPEN SPACE EASEMENT POINT OF BEGINNIN( 10' UTILITY EASEMENT INST. NO. D200283526 INST. NO. D200283526 O.P.R.T.C_T. O.P.R.T.C.T_ POINT OF 5/8" IRON ROD -�` COMMENCING W/CAP 15.03' 'bMA" FOUND "X" CUT FOUND IN CONC- _ N 03'11'31" W S 86-48.48" W — 130.00' 5.93' ANDERSON BOULDVARD (60' RIGHT—OF—WAY) The Basis of Bearings is from the Texas State Plane Coordinate System, NAD83, North Central Zone as derived from GPS observations using the Allterra RTK Network and adjusted to surface using a surface scale factor of 1.00012. F ENCROACHMENT 3/10/23 OF AGREEMENT -TRACT 2 010 .1 *: o A PORTION OF LOT 3A, BLOCK 12 MARK ALLAN NACElnS EASTCHASE ADDITION ............ : °_„�, 5539 ��;a L� Ll1S LhS A. CURRY SURVEY, ABSTRACT NO. 375 9i 0E CITY OF FORT WORTH, TARRANT COUNTY, TEXAS Sung Co WicdonStfty Platting 14200 Midway Road, Suite 130 Dallas, TXavers T. 469,7eying. 1 W:TraverseLandSurveying.wm Texas Finn No. 10194631 JOB No. TR-133-22 DRAWN BY: DV DATE: MARCH 10, 2023 CHECKED BY: MAN MA K ALLAN NACE TFXAS RPLS NO. 5939 SCALE: 1 "=20' SHEET 3 OF 4 EXHIBIT "A" LINE TABLE No. Bearing Distance L1 N 46'26'01 " W 7.28' L2 N 48'27'49" W 5.10' L3 N 03'35'47" W 7.09' L4 S 48'27'49" E 12.15' CURVE TABLE CURVE TABLE Curve No. Delta Radius Length Chord Bearing J28.53' C1 00'06'39" 14,756.47' 28.53' N 03'25'05" W C2 00'01'46" 14,756.47' 7.56' S 03'29'17" E 5' ENCROACHMENT 3/10/23 AGREEMENT -TRACT 2 0 A PORTION OF LOT 3A, BLOCK 12 �n � EASTCHASE ADDITION lJ1S lJ1S A. CURRY SURVEY, ABSTRACT NO. 375 d ^ ` DD mmWenf`n� LUE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS Stxveying I CaductionStaldng I Platting JOB No. TR-133-22 DRAWN BY: DV 14200 Midway Road, Suite 130 DATE: MARCH 10, 2023 CHECKED BY: MAN MARK ALLAN NACE Dallas, TX75244 T:469.784.9321 W: TraverseLandSurveying.com SCALE: 1 "=20' SHEET 4 OF 4 TEXAS RPLS N0. 5539 Texas Finn No. 10194631 EXHIBIT "A" LEGAL DESCRIPTION TRACT 3 Being a 0.0011 of an acre tract of land situated in the A. Curry Survey, Abstract No. 375, City of Fort Worth, Tarrant County, Texas, being a portion of Lot 3A, Block 12, Eastchase Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in Document Number D200283526 of the Official Public Records, Tarrant County, Texas, (O.P.R.T.C.T.), as described by Warranty Deed to NG19, LP, as recorded in Document Number D222263938, O.P.R.T.C.T. and being more particularly described as follows: COMMENCING at an "X" cut in concrete found (Control Monument (CM)) on the easterly line of said Lot 3A, Block 12, same being the westerly right-of-way line of Eastchase Parkway (120 foot wide right-of-way) from which an "X" cut in concrete found (CM) at the most easterly southeast comer of said Lot 3A bears South 03 degrees 30 minutes 12 seconds East, a distance of 72.54 feet; THENCE North 03 degrees 35 minutes 47 seconds West, along the common easterly line of said Lot 3A, Block 12 and the westerly right-of-way line of said Eastchase Parkway, a distance of 12.22 feet to a point for corner, the POINT OF BEGINNING; THENCE departing said common easterly line of Lot 3A, Block 12, and the westerly right-of-way line of said Anderson Boulevard, across said Lot 3A, Block 12 and a 10 foot wide Utility Easement, recorded in Document Number D200283526, O.P.R.T.C.T. the following three (3) courses and distances: 1) South 86 degrees 42 minutes 51 seconds West, a distance of 10.00 feet to a point for corner; 2) North 03 degrees 35 minutes 47 seconds West, a distance of 5.00 feet to a point for comer; 3) North 86 degrees 42 minutes 51 seconds East, a distance of 10.00 feet to point for corner on the easterly line of said Lot 3A, Block 12, and the westerly right-of-way line of the aforementioned Eastchase Parkway; THENCE South 03 degrees 35 minutes 47 seconds East, along the common easterly line of said Lot 3A, Block 12, and the westerly right-of-way line of said Eastchase Parkway, a distance of 5.00 feet to the POINT OF BEGINNING and containing 0.0011 of an acre of land (50 sq. ft.), more or less ENCROACHMENT AGREEMENT —TRACT 3 A PORTION OF LOT 3A, BLOCK 12 EASTCHASE ADDITION AN CURRY SURVEY, ABSTRACT NO. 375 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS JOB No. TR-133-22 DRAWN BY: MMS DATE: MARCH 10, 2023 CHECKED BY: MAN SCALE: 1 "=20' SHEET 1 OF 2 3/10/23 T MARK ALLAN NACE °p 5539 �:p MARK ALLAN NACE L TEXAS RPLS NO. 5539 to 1.1 R � A SE dMDD Suwyanm I9 &wvq V I Carlstn� Staking I Planing 14200 Midway Road, Suite 130 Dallas, TX 75244 T: 469.784.9321 W: TraverseLandSurveying.com Texas Firm No. 10194631 EXHIBIT "A" I � N 10' UTILITY EASEMENT CAB. A, SL, 5189 I O.P.R.T.C.T. I w TRACT 3 EXISTING WATER LINE M ENCROACHING 10' UTILITY ESMT. I o 0.0011 ACRES N (50 SQ. FT.) L3 LOT 3A, BLOCK 12 1 BEGINNIN[ EASTCHASE DOC. No. D200283526 I 0.P.R.T.C.T. NG19. LP I DOC. NO. D219213081 0.P.R.T.C.T. 0.7391 ACRES 32,195 SQ. FT. Y ,V375 CUR CS° I AA STRA I 10' UTILITY EASEMENT INST. NO. D200283526 �O.P.R.T.C.T. " L5 75 LINE TABLE No. Bearing Distance. L1 N 03'35'47" W 12.22' L2 S 8642'51 " W 10.00' L3 N 03'35'47 " 3'35'47" W 5.00' L4 N 86'42'51" E 10.00' L5 S 03'35'47" E 5.00' i POINT OF cohf�fENCINc "X" CUT FOUND IN CONC. w 20' X 20' PUBLIC OPEN SPACE EASEMENT INST. NO. D200283526 O.P.R.T.C.T. — 5/8" IRON ROD W/CAP "VMA" FOUND 15 03 1V"X" CUT FOUND S 86'48'4B" W — 130.00 "X" CUT ANDERSON BOULEVARD FOUND (CM) (60' RICHT--OF—WAY) The Basis of Bearings is from the Texas State Plane Coordinate System, NAD83, North Central Zone as derived from GPS observations using the Allterra RTK Network and adjusted to surface using a surface scale factor of 1.00012. ENCROACHMENT AGREEMENT -TRACT 3 A PORTION OF LOT 3A, BLOCK 12 EASTCHASE ADDITION AN CURRY SURVEY, ABSTRACT NO. 375 ITY OF FORT WORTH, TARRANT COUNTY, TEXAS JOB No, TR-133-22 DRAWN BY: MMS DATE: MARCH 10, 2023 CHECKED BY: MAN SCALE: 1 "=20' SHEET 2 OF 2 IN CONC. (CM) N 03"1'31" W 5.93' 3/10/23 eTe% MARK ALLAN NACE .?PE 5539 S11F2`t.. �k ,. TEXAS RPLS NO. 0 dG°Q�n1DD ' a S71JG� f� Surveying I Cof hrfion Sbldng I Platting 14200 Midway Road, Suite 130 Dallas, TX 75244 T: 469.784.9321 W: TraverseLandSurveying.com Texas Firm No. 10194631 ENCROACHMENT-1 ENCROACHMENT-2 1 "n rxn, ia[•,ixr . yY I , I I 1 i I I I [ane.aeti �.R� I , I I � 1 x.._x,.•.�,.u� I I I I 4lIVVG-i 6v o isi: I ? I ar.cr I I I I I I i ( war [w�r4 SlWt�iM I ' I Ei1[xNGFSAui.= Y'Kf-,-F-v •.. t+•4'tW_^�6*-3 sENk. JNE o+w or00 I 1 ry•�� I I I 1 , 1 1 I ,✓ I I , I I I I 4eG "so PMO 0 \'ORrH 30 60 gd%?%iiiiii SIC ALE: 111=30' STARBUCKS COFFEE 8651 ANDERSON BLVD. FORT WORTH, TEXAS EXHIBIT —Al s:' TRIANGLE NING >l� ENGUTILITY T 459 JJt —51 - 1592911145 1 E W.rr.Qni.rybyr�p.wrt w vyn IiAf YcWi�nx��Lmn��....,,NM�4x lX tip]J CROSSING C�C PW,cm•FF"••.Y�•eenng rr--�VoiU EXHIBIT OE9 0RAMN DATE SCALE PRO.ECT NO SHEET NO. KP KR 04/0{/2] OVERALL TX PE FIRM 011525 EXHIBIT ENCROACHMENT-3 >oo �ii eo Nw $o u �r838 oi5so I I I it �~ Ell— .-1.I'll II I F 1(, 1� I aao j 'may I 1 I iam..a.• { Brae ncc ti I � 1 I wiuw�'"Cel- u r I I I I � I I ,nnsa tamrn =a�ra.r. � anaaaaraau. aar f I I 1 I 1 I � � f - . I I I o+w o.m OWo STARBUCKS COFFEE 8651 ANDERSON BLVD. FORT WORTH, TEXAS EXHIBIT-A2 ' TRIANGLE ��w� o NORTH30 60 UTILITY CROSSING T-331a 61F afi 2 V.7146 I E•Ipk1QrynpkrnpmNG f%r,l bg I QWns mnoulonM-ag— EXHIBIT DRAW DALE � PROEOT X0. SH= NO. OVERALL S C A L E: 1 — 30r T%PEFIRMN115 EXHIBIT EXHIBIT B Franchise Utility Letters Tier ii Easement Encroachment Agreement Page I 1 of 12 Revised 12/2022 ATMOS energy March 7, 2023 Stephanie Wall Triangle Engineering 1784 W McDermott Allen, Texas 75013 Re: Encroachment into Utility Easement-8651 Anderson Stephanie Wall, Upon your request I have reviewed the location of the gas facilities near your project site. Atmos does not object to the encroachment located at the property listed above. Verification of the gas line can be obtained through 811 Call Before You Dig. Any damages to Atmos facilities due to such encroachment will be billed to the party causing the damage. If you have any questions, please contact me at 214-549-7144. Sincerely, Bobby Oney Project Manager Atmos Energy Corporation 100 West Momingside Fort Worth, Texas 76110 Spectrump, March 10, 2023 Stephanie Wall Permit Coordinator Triangle Engineering LLC 1782 W McDermott Ave Allen, TX 75013 SUBJECT: Encroachment of 8651 Anderson Blvd, Fort Worth, TX 76120 Spectrum Communications hereby grants a 20ft encroachment for the purpose of remodeling an existing building into a portion of the front easement 20ft General Utility Easement associated with the property located at 8651 Anderson Blvd within the City of Fort Worth Texas 76120. Spectrum Communications reserves the right to have access to any other applicable utility easements on the property for the purpose of future construction or maintenance. The owner and/or lessee of said property may also be responsible for the relocation/removal of any structure interfering with access to these easements, if necessary. Spectrum Communications currently does not have facilities within this easement. If it has not already taken place, please call 1-800-DIG-TESS to have facilities marked and located within affected easements before any excavations are started. For future reference, please send all utility coordination, abandonments, encroachments, plat signatures, or serviceability requests, or notices of relocation to forcerelos@kinetic-eng.com. Please share this information with whoever needs these services. Sincerely, Spe�trumo, Troy Hopson I Business Development Specialist I (0) 817-298-3554 Cell 682-999-2989 8545 Airport Freeway #108 1 North Richland Hills i TX 76180 AT&T AT&T Right -of -Way 13845 FAA Blvd. Fort Worth, TX 76155 April 12, 2023 Stephanie Wall Triangle Engineering, LLC 1782 W. McDermott Drive Allen, TX 75013 RE: AT&T Letter of No Objection — Utility Easement Encroachments Eastchase Addition — Lot 3A, Block 12 — D200283526 Fort Worth, Tarrant County, Texas Stephanie, Southwestern Bell Telephone Company, d/b/a AT&T Texas, has no objections to the existing encroachments and remodel of the existing building on the property referenced above at 8651 Anderson Blvd. It is not the intent of this letter to waive any rights granted to AT&T in said platted utility easements or right-of-way except to permit this encroachment. AT&T shall continue to have unrestricted access to, on and across the easement/right-of-way for installation, repairs, replacement, or upgrades to facilities. For any current or future needs to perform work within the platted utility easements, there are underground facilities within the area. Please exercise extreme caution with respect to such facilities. Contact Texas811 for underground locates before any digging is done. Costs of any damages to facilities would be at your expense. Please let me know if you have any questions or concerns. Sincerely, Ray A. Garcia AT&T — Lead OSP Planning & Engineering Design Manager I Right -of -Way 817-550-7576 ray.garciaL att.com Date: March 28, 2023 Customer / Contractor Name Street Address: City / State / Zip: NP19, LP 11720 El Camino Real, Ste. 250 San Diego, CA 92130 Re: Over Hang of Sign Encroachment: 8651 Anderson Blvd. Eastchase (Address) Subdivision Dear David Trakman I have received your request to encroach within the 10' Platted Utility Easement at the above referenced location. A portion of the proposed over hang sign will be within the Platted Utility Easement. At no time should any electrical source box (transformer, hand -hole or pedestal) be fenced in or encroached upon. Oncor does have facilities located within the above mentioned easement. It is not the intent of this letter to waive any rights granted to Oncor in said easement except to permit this encroachment set out hereinabove. Also, this letter is not intended to release the builder of this encroachment, or the present owner, or future owners of the property from any liability arising out of the location of this encroachment in the easement. Oncor shall continue to have unrestricted access to, on and across the easement. It is understood by owner, that when the electrical facilities in the easement area need repaired, replaced or upgraded, it will be owner's responsibility to remove any obstruction that interferes with Oncor's ability to perform the necessary work. Oncor maintains the right to utilize the entire easement for its needs, and will not be responsible for any damages. Owner acknowledges and understands that Oncor maintains overhead and/or underground electrical facilities within the easement. State law requires contacting Dig Tess by calling 811 for underground equipment to be located at least two (2) days before you dig. Dig Tess does not mark a precise location but is usually within four (4) feet of the actual location. Owner agrees to exercise extreme caution with respect to such electrical facilities. Please sign below confirming that you understand and agree to the requirements and return a signed copy to tracy.mitche112@oncor.com If you have any questions or need additional information, please contact the Oncor office at (817) 215-5011 Sincerely, Tracy Mitchell (Property Owner) March 29. 2023 (Date) EXHIBIT C Certificate of Insurance Tier 11 Easement Encroachment Agreement Page 12 of 12 Revised 12/2022 f'A CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 3/20/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lovitt & Touche A Marsh and McLennan Agency, LLC 1050 W Washington Street, Suite 233 Tempe AZ 85281 INSURED The Niki Group, LLC 11720 El Camino Real Suite 250 San Diego CA 92130 COVERAGES NIKIGRO-Cl CERTIFICATE NUMBER:847470258 NAME"' Annette Granata D: INSURER F : 15.7094 LA1c, Na}: 602.385.7060 1 lovitt-touche.com SURER(S) AFFORDING COVERAGE NO rs Property Casualty Co of Amer 25 rs Indemnity Company of CT 25 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR' TYPEOFINSURANCE TR f NSO SUER POLICY NUMBER MMI�amW MPOLICY EXP LIMITS A I X COMMERCIAL GENERAL jLIABILITY CLAIMS -MADE XI OCCUR Y Y Y6309M722357TIL22 12/31/2022 12/31/2023 EACHOCCURRENCE $ 1,000,000 DA ET"ENSTED r $ 300,000 MED EXP (Any one person) $ _ PERSONAL &ADV INJURY $1,000,000 _ GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER: POLICY [IX] ECT ! X . LOG $ 2.000,000 PRODUCTS - COMP/OP AGG $ 2.000,000 OTHER S B AUTOMOBILE LIABILITY BA9M6742872214G 1213112022 12131/2023 COMBINED SINGLE LIMIT _JEa acc dent). $1,000,000 BODILY INJURY (Per person) S ANY AUTO OWNED SCHEDULED _ AUTOS ONLY AUTOS X NON-OWNEDHIRED AUTOS ONLY i XI AUTOS ONLY I BODILYINJURY (Per accident) S - $ Pea�1e) E r accident) $ A UMBRELLALIAB I X OCCUR EX9M7245352214 1213112022 12131/2023 EACH OCCURRENCE $10,000,000 X EXCESS LIAB CLAIMS -MADE AGGREGATE $10,000,000 DED 1 X I RETENTION $ 0 Is WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) N I A TH I STATUTE I I OER $ _ $ E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT If yes, describe under DESCRIPTION OF OPERATIONS below $ DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101. Additional Remarks Schedule, may be attached if more space is required) Additional Insured (Mortgagee, Assignee, Successor or Receiver) applies with respects general liability per attached form CG D3 75 03106 if required in a written contract or agreement; subject to all policy terms, conditions, definitions and exclusions. General Liability Insurance is primary and non-contributory per attached form CIS DO 37 04105 if required in a written contract or agreement. Waiver of Subrogation applies with respects general liability per attached form CIS D4 67 07113 if required in a written Contract or agreement. Additional Insured and Waiver of Subrogation applies to Auto Liability per attached form CA T3 53 02/15 if required in a written contract or agreement; subject to all policy terms, conditions, definitions and exclusions. Umbrella Is follow form to the General Liability and Auto Liability. 30 day notice of cancellation, except 10 day notice for non-payment of premium. Location: 8651 Anderson Blvd., Fort Worth, TX 76120 Additional Named Insured: NG19, LP City of Fort Worth CFA Office — PN23-00029* 200 Texas Street Fort Worth TX 76102 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD