Loading...
HomeMy WebLinkAboutContract 59580Date Received: 6/13/2023 Time Received: 8:29 a.m. Record Number: PN22 / 00132 City Secretary No.: 59580 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER H 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 ALLIED WASTE SYSTEMS, INC., a Delaware corporation, ("Licensee"), acting by and through its duly authorized Vice President. RECITALS WHEREAS, Licensee is the owner of the real property located at 6100 Elliott Reeder Road, Fort Worth, Texas 76117 ("Property"), recorded in Deed Records, in Volume 5292, Page 595 and as Instrument Number D199076509, in Tarrant County, Texas, and; WHEREAS, the City owns an easement for sanitary sewer (the "Public Property") within the Property, recorded in the deed records of Tarrant County by Instrument Number D223090985, 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 "A," but only to the extent shown thereon, for the purpose of constructing, installing, and maintaining a storm sewer line (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 Tier II Easement Encroachment Agreement OFFICIAL RECORD Page I of 12 CITY SECRETARY Revised 12/2022 FT. WORTH, TX 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, 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 f ture 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. 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 reasonably 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 Tier II Easement Encroachment Agreement Page 2 of 12 Revises[ 12/2922 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. G. 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 fbr by this Agreement, Licensee agrees to pay to City at the time this Agreement is requested an application fee in the sum of Niue 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 f'or 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 expressly allowed in the agreement by which the Public Property was created, 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 Tier II Easement Encroachment Agreement Page 3 of 12 Revised 12/2022 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, UNLESS 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 "B" 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. it. 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. Tier II Easement Encroachment Agreement Page 4 of 12 Revised 12/2022 12. Licensee agrees to comply fiilly 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 if City is deemed to be the prevailing party. 17. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. Tier II Easement Encroachment Agreement Page 5 of 12 Revised 12/2022 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 wider 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 sliall 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 sliall 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 12/2922 City: CITY OF FORT WORTH By. DJ HarrelllJun 8.202308:30CDTl D.J. Harrell, Director of the Development Services Department Date: Jun 8, 2023 ATTEST Jannette Goodall, City Secretary Date: J u n 12, 2023 Approved As To Form and Legality Thomas Royce Hansen Assistant City Attorney Date: Jun 7, 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 Jun 8, 2023 07:48 CDT) Date: Jun 8, 2023 Rebecca Owen Development Services OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II Easement Encroachment Agreement Page 7 of 12 Revised 12/2022 Licensee: ALLIED WASTE SYSTEMS, INC., a Delaware corporation By. e nifer L. Than Tice President STATE OF ARIZONA § COUNTY OF MARICOPA § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Arizona. on this day personally appeared Jennifer L. Thornson, as Vice President of Allied Waste Systerns, Inc., a Delaware corporation, who is known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to line that lie or she executed the same for the purposes and consideration therein expressed, as the act and deed of Allied Waste Systems, Inc„ and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ILO' day of May, 2023. Notary Public in and or the State of Arizona e. tr r"• V' KIARA GONZALEZ Notary Public - AnZona Maficapa County COmmisslon : 599922 Aty Comm. Expires Feb 2, 2025 Tier II Easement Encroachment Aureemen! Page of 12 Revi.wd 1212022 *THIS PAGE FUR UITY OF FLIRT WURTH UFFIUE USE UNLYwww� 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 8th day of June 10 23 . Wendy L. Digitally signed by Wendy A L. Beardslee Date: �PRv pie WENDY L BEARDSLEE A Beardslee 1023.16.08 _ Notary Public 14:30:26-05'00' * * STATE OF TEXAS Notary Public in and for the State of Texas N�9 Notary I.D. 13323719-3 ` �OF�``+ My Comm. Exp. July 28, 2025 ' .After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 Ticr 1I Ea%ement Encroachment Aercrincm Page 8 of 12 Revised 12/2022 EXHIBIT "A" Detailed depiction and description of the Encroachment [see attached] Tier II Easement Encroachment Agreement Page 10 of 12 Revised 12/2022 ELLIOTT REEDER RD CPN : 103858 MAPSCO # 65J (SITE LOCATION Weaver LOCATION MAP Consultants REPUBLIC FTW MAINTENANCE SHOP ADDITION Group OWNER INFORMATION 7121 GRAPE ROAD IJOB NO. DRAWN BY: AK REV. REPUBLIC SERVICES -ATTN: MICHAEL HUE, GM GRANGER, INDIANA 46530 I DATE: 12121/2021 CHECKED BY: CL 6100 ELLIOTT REEDER ROAD, FORT WORTH, TEXAS 76117 PH (574) 271-2921 FAX (574) 271-3343 1CAD FILE: APPROVED BY: CL PHONE: (817) 332-7301 N SCALE: NTS COPYRIGHT © 2021 ANCHOR CONSTRUCTION. ALL RIGHTS RESERVED. THESE DRAWINGS REMAIN THE PROPERTY OF ANCHOR CONSTRUCTION, LLC. ANY RE -USE OF THESE DRAWINGS WITHOUT THE EXPRESS WRITTEN CONSENT OF ANCHOR CONSTRUCTION, LLC IS PROHIBITED. DO NOT SCALE PLANS: COPYING, PRINTING, SOFTWARE AND OTHER PROCESSES REQUIRED TO PRODUCE THESE PRINTS CAN STRETCH OR SHRINK THE ACTUAL PAPER OR LAYOUT. THEREFORE, SCALING OF THIS DRAWING MAY BE INACCURATE. CONTACT ANCHOR CONSTRUCTION WITH ANY NEED FOR ADDITIONAL DIMENSIONS OR CLARIFICATIONS. SHEET NO. MAP EXHIBIT "A" EASEMENT ENCROACHMENT "A" EASEMENT OWNER: CITY OF FORT WORTH, TEXAS 0.0034 ACRES OUT OF CALLED 2.8703 ACRES SITUATED IN THE W.R. REEDER SURVEY, ABSTRACT NO. 1634 CITY OF FORT WORTH TARRANT COUNTY, TEXAS Being a 150.00 square foot (0.0034 acre) Easement Encroachment situated in the W. R. Reeder Survey, Abstract Number 1303, and being a portion of a called 2.8703 acre tract described in Deed to Allied Waste Systems, Inc. recorded in Exhibit "Y" of Instrument Number D199076509, Official Public Records of Tarrant County, Texas (O.P.R.T.C.T.) and a portion of a called 0.4563 acre permanent sewer facility easement to the City of Fort Worth, recorded in Instrument Number D223090985 O.P.R.T.C.T., and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2" iron rod with yellow cap stamped "WCG" found in the former south right of way line of Elliott Reeder Road (vacated by City of Fort Worth Ordinance No. 12602) and for the southwest corner of Lot 1, Block A of Fort Worth Transfer Addition, an addition to the City of Fort Worth, according to the plat recorded in Volume A, Page 6475, P.R.T.C.T. and a portion of called 34.848 acre tract of land described in a Deed to Allied Waste Systems, Inc, recorded in Instrument No. D199076503, O.P.R.T.C.T. and for the northwest corner of said 2.8703 acre tract and for the northeast corner of Lot 1, Block 6 of Joe Louis Addition, an addition to the City of Fort Worth, according to the plat recorded in Volume 388-141, Page 7, Plat Records, Tarrant County, Texas (P.R.T.C.T.) and for the northeast corner of a called 14.9 acre tract of land described in a Special Warranty Deed to Estes Service Company, recorded in Volume 5292, Page 595, Deed Records, Tarrant County, Texas (D.R.T.C.T.), said Estes Service Company having been succeeded by Allied Waste Systems, Inc. by means of name changes and mergers, as described in Affidavit of Name Change recorded in Instrument No. D223060276, O.P.R.T.C.T., and from which an "X" cut in concrete found in the north line of said W. R. Reeder Survey and in the approximate centerline of said Elliott Reeder Road and for the northeast corner of a called 42 acre tract of land described as "Second Tract" in Special Warranty Deed to Ben R. and Wilma King, recorded in Volume 1644, Page 126, D.R.T.C.T. and for the northwest corner of a called 2.12 acre tract of land described in Deed to Fort Worth Sand & Gravel Company, Inc, recorded in Volume 992, Page 48, bears North 00° 42' 39" East (called South), a distance of 25.00 feet; THENCE South 89° 34' 43" East (called South 89' 49' 20" East), along the common line of the former south right-of-way line of said vacated Elliott Reeder Road and Lot 1, Block A of said Fort Worth Transfer Addition and said 34.848 acre tract and said 2.8703 acre tract, a distance of 26.54 feet to a 1/2" iron rod with yellow cap stamped "WCG" set in the south line of a Permanent Sewer Facility Easement to the City of Fort Worth, recorded in Instrument No. D209015302, O.P.R.T.C.T. and for the northwest corner of said 0.4563 acre sanitary sewer easement; THENCE over and across said 2.8073 acre tract and said 2.12 acre tract the following bearings and distances: South 02°19'01" West, along the westerly line of said 0.4563 acre sanitary sewer easement, a distance of 266.01 feet to an "X" cut in concrete set for a westerly corner of said 0.4563 acre sanitary sewer easement; Sheet 1 of 7 South 89°21'54" West, along the westerly line of said 0.4563 acre sanitary sewer easement, a distance of 7.21 feet to the POINT OF BEGINNING; South 00°29'18" East, over and across said 0.4563 acre sanitary sewer easement, a distance of 15.00 feet to a point in the easterly line of said 0.4563 acre sanitary sewer easement; South 89°21'54" West, along the easterly line of said 0.4563 acre sanitary sewer easement, passing at a distance of 7.31 feet, an "X" in concrete set for an easterly corner of said 0.4563 acre sanitary sewer easement, and continuing over and across said 0.4563 acre sanitary sewer easement a total distance of 10.00 feet to a point; North 00°29'18" West, over and across said 0.4563 acre sanitary sewer easement, a distance of 15.00 feet to a point in the West line of said 0.4563 acre sanitary sewer easement, and from which an "X" in concrete set for a westerly corner of said 0.4563 acre sanitary sewer easement bears South 89°21'54" West, a distance of 11.20 feet; North 89°21'54" East, along the westerly line of said 0.4563 acre sanitary sewer easement, a distance of 10.00 feet to the POINT OF BEGINNING, containing 150.00 square feet (0.0034 acres), more or less. SURVEYOR NOTES: 1. An exhibit of even date accompanies this description. 2. Basis of Bearings: Grid North, relative to the Texas Coordinate System Of 1983, North Central Zone, NAD83 (2011) Epoch 2010.00, (Geoid18) based on real time kinematic observations utilizing Allterra's RTKNETVRS Network. 3. Distances and coordinates shown hereon are surface, relative to the Texas Coordinate System of 1983, Central Zone, NAD83 (2011) Epoch 2010.00. To convert distances to grid, multiply by the Combined Project Scale Factor of 0.999880014. 4. This survey was prepared based on field observations made on December 3, 2021, April 25, 2022, and March 1, 2023, and was prepared without the benefit of a title commitment. I, Andrew J. Widolff, a Registered Professional Land Surveyor by the State of Texas, do hereby certify that the description herein and the accompanying exhibit of even date represent an actual on -the -ground survey made by me or under my supervision. Andrew J. Widolff (6771) Registered Professional Land Surveyor Weaver Consultants Group, LLC 6420 Southwest Blvd, Suite 206 Fort Worth, Tx 76103 (817) 735-9770 TX Survey Firm No: 10095400 �24.23 Sheet 2 of 7 EXHIBIT "A" EASEMENT ENCROACHMENT "B" EASEMENT OWNER: CITY OF FORT WORTH, TEXAS 0.0034 ACRES OUT OF LOT 1, BLOCK 6, JOE LOUIS ADDITION TO THE CITY OF FORT WORTH, TEXAS AND A CALLED 2.8703 ACRE TRACT SITUATED IN THE W.R. REEDER SURVEY, ABSTRACT NO. 1634 CITY OF FORT WORTH TARRANT COUNTY, TEXAS Being a 150.35 square foot (0.0034 acre) Easement Encroachment situated in the W. R. Reeder Survey, Abstract Number 1303, City of Fort Worth, Tarrant County, Texas and being a portion of a called 2.8703 acre tract of land described as "Exhibit Y" in a Deed to Allied Waste Systems, Inc., recorded as Instrument No. D199076509, Official Public Records of Tarrant County, Texas (O.P.R.T.C.T) and being a portion of Lot 1, Block 6 of Joe Louis Addition, an addition to the City of Fort Worth, according to the plat recorded in Volume 388-141, Page 7, Plat Records, Tarrant County, Texas (P.R.T.C.T.) and being a portion of a called 14.9 acre tract of land described in a Special Warranty Deed to Estes Service Company, recorded in Volume 5292, Page 595, Deed Records, Tarrant County, Texas (D.R.T.C.T.), said Estes Service Company having been succeeded by Allied Waste Systems, Inc. by means of name changes and mergers, as described in Affidavit of Name Change recorded in Instrument No. D223060276, O.P.R.T.C.T., and being a portion of a called 0.4563 acre permanent sewer facility easement to the City of Fort Worth recorded in Instrument Number D223090985, O.P.R.T.C.T., and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2" iron rod with yellow cap stamped "WCG" found in the former south right of way line of Elliott Reeder Road (vacated by City of Fort Worth Ordinance No. 12602) and for the southwest corner of Lot 1, Block A of Fort Worth Transfer Addition, an addition to the City of Fort Worth, according to the plat recorded in Volume A, Page 6475, P.R.T.C.T. and a portion of called 34.848 acre tract of land described in a Deed to Allied Waste Systems, Inc, recorded in Instrument No. D199076503, O.P.R.T.C.T. and for the northwest corner of said 2.8703 acre tract and for the northeast corner of said Lot 1, Block 6, and for the northeast corner of said 14.9 acre tract, and from which an "X" cut in concrete found in the north line of said W. R. Reeder Survey and in the approximate centerline of said Elliott Reeder Road and for the northeast corner of a called 42 acre tract of land described as "Second Tract" in Special Warranty Deed to Ben R. and Wilma King, recorded in Volume 1644, Page 126, D.R.T.C.T. and for the northwest corner a called 2.12 acre tract of land described in a Deed to Fort Worth Sand & Gravel Company, Inc, recorded in Volume 992, Page 48, D.R.T.C.T. bears North 00' 42' 39" East (called South), a distance of 25.00 feet; THENCE South 89' 34' 43" East (called South 89° 49' 20" East), along the common line of the former south right-of-way line of said vacated Elliott Reeder Road and Lot 1, Block A of said Fort Worth Transfer Addition and said 34.848 acre tract and said 2.8703 acre tract, a distance of 26.54 feet to a 1/2" iron rod with yellow cap stamped "WCG" set in the south line of a Permanent Sewer Facility Easement to the City of Fort Worth, recorded in Instrument No. D209015302, O.P.R.T.C.T. and for the northwest corner of said 0.4563 acre sanitary sewer easement; THENCE over and across said 2.8073 acre tract and said 2.12 acre tract and Lot 1, Block 6 of said Joe Louis Addition and said 14.9 acre tract and said 42 acre tract the following bearings and distances: Sheet 3 of 7 South 02°19'01" West, along the westerly line of said 0.4563 acre sanitary sewer easement, a distance of 266.01 feet to an "X" cut in concrete set for a westerly corner of said 0.4563 acre sanitary sewer easement; South 89°21'54" West, along the westerly line of said 0.4563 acre sanitary sewer easement, a distance of 28.41 feet to an "X" cut in concrete set for a westerly corner of said 0.4563 acre sanitary sewer easement; South 03° 55' 43" West, along the westerly line of said 0.4563 acre sanitary sewer easement, a distance of 37.76 feet to the POINT OF BEGINNING; North 90°00'00" East, over and across said 0.4563 acre sanitary sewer easement, a distance of 15.04 feet to a point in the easterly line of said 0.4563 acre sanitary sewer easement, and from which an "X" cut in concrete set for an easterly corner of said 0.4563 acre sanitary sewer easement bears North 03' 55' 43" East, a distance of 22.88 feet; South 03°55'43" West, with the east line of said 0.4563 acre sanitary sewer easement, a distance of 10.02 feet to a point; North 90°00'00" West, over and across said 0.4563 acre sanitary sewer easement, a distance of 15.04 feet to a point in the west line of said 0.4563 acre sanitary sewer easement; North 03°55'43" East, along the west line of said 0.4563 acre sanitary sewer easement, a distance of 10.02 feet to the POINT OF BEGINNING, containing 150.35 square feet (0.0034 acres) of land, more or less. Sheet 4 of 7 SURVEYOR NOTES: 1. An exhibit of even date accompanies this description. 2. Basis of Bearings: Grid North, relative to the Texas Coordinate System Of 1983, North Central Zone, NAD83 (2011) Epoch 2010.00, (Geoid18) based on real time kinematic observations utilizing Allterra's RTKNET VRS Network. 3. Distances and coordinates shown hereon are surface, relative to the Texas Coordinate System of 1983, Central Zone, NAD83 (2011) Epoch 2010.00. To convert distances to grid, multiply by the Combined Project Scale Factor of 0.999880014. 4. This survey was prepared based on field observations made on December 3, 2021, April 25, 2022, and March 1, 2023, and was prepared without the benefit of a title commitment. I, Andrew J. Widolff, a Registered Professional Land Surveyor by the State of Texas, do hereby certify that the description herein and the accompanying exhibit of even date represent an actual on -the -ground survey made by me or under my supervision. Andrew J. Widolff (6771) Registered Professional Land Surveyor Weaver Consultants Group, LLC 6420 Southwest Blvd, Suite 206 Fort Worth, Tx 76103 (817) 735-9770 TX Survey Firm No: 10095400 ANDREW •J.••WID6LFF C��L' 6771vd 8 1 Ji & S.'u Sheet 5 of 7 H. P. TUGGLE SURVEY, ABSTRACT 1513 \ EXHIBI T 'A " W. R. REEDER SURREY, ABSTRACT 1303 " " / & APPROXIMATE CENTERLINE OF ELLIOT REEDER ROAD X CUT FND LOT H 7RAOCK A PERMANENT SEWER FORT ygRTy TRANSFER J p ` FACILITY EASEMENT STATION ADD/T)AV CITY OF FORT WORTH V01- A, PO 8475 ELLIOTT REEDER ROAD o N p \ IN, N0. D209015302 P.R•T.GT. (VACATED BY CITY ORDINANCE NO. 12602) �% �����'�� O.P.R.T.C.T. ,IL/ED WASTE SYSTEMS /NG p N S8934'4.3�E PORTION OF CALLED JABM ACRES �6. 54 � \ INST. O.P.R. TC. T. Na sSDs 1/2" IRF W/ YELLOW (CALLED — D S894920 EIN S NS "WCG" CAP (CM) I \\ SANITARY ELLIOTT REEDER ROAD P. 0.0. I I MANHOLE (VACATED BY CITY ORDINANCE NO. 12602) I EASEMENT "EXHIBIT Y" ENCROACHMENT ALLIED WASTE SYSTEMS, INC. CALLED 2.8703 AC LOT 1, BLOCK 6 "A" & "B" 175, N I INST. NO. D199076509 JOE LOUIS ADDITION 7 VG. O.P.R. T.C. T. OL 388-141, P P.R. T.C. T. I I y 75 ALLIED WASTE SYSTEMS, INC. F, !_ PERMANENT SEWER FACILITY EASEMENT (SUCCESSOR BY NAME CHANGE 2 °j CITY OF FORT WORTH AND MERGER TO ESTES SERVICE COMPANY BY I Q 11 CALLED 0.4563 ACRES AN AFFIDA SIT OF NAME CHANGE, RECORDED IN y 3 INST. NO. D22JO90985 T.C. T.WEi�ti O.P.R.IT.C.T. INSTRUMENT NO. D223060276, D.P.R. ) o ESTES SERVICE COMPANY I N o p CALLED 14.9 ACRES p VOL 5292, PG D.R. T.C. T. 595 I o T I N I "SECOND TRACT" O i I FORT WORTH SAND R. BEN & W/LMA KING 10 I I GRAVEL COMPANY, INC. CALLED 42 AC ER SURREY' CALLED 2.12 AC c r VOL. 126 I I W G130� VOL..RT.C.T. 48 D.R. TO..T. AB TRA MATCHLINE (SEE SHEET 6) W — — — — — — — — — — — — — — — — — — — — — MATCHLINE (SEE SHEET 7) , " S89 2154 W P 0 B. LOT 1, BLOCK 6 28.41 EASEMENT m JOE LOUIS ADD177ON I 5 I P�Pm 11 VOL 388-141, PG. 7 SANITARY , I �C _� lr ' L6 —4 L1 C ENCROACHMENT "A" s P•R•T•C.T• MANHOLE L4 T I SANITARY ALLIED WASTE SYSTEMS, INC. I��; rJ - I MANHOLE SEE SHEET 7 FOR BEARING (SUCCESSOR BY NAME CHANGE I AND DISTANCE LINE TABLES j AND MERGER TO ES TES SERWCE COMPANY BY N T.� O g AN AFFIDA 14T OF NAME CHANGE, RECORDED IN r� n j P INSTRUMENT NO. D223060276, O.P.R. C. T.) �` EASEMENT E ESTES SERVICE COMPANY a CALLED 14.9 ACRES I I I I ENCROACHMENT "A VOL 5292, PG. 595 �, 150.00 SO. FT. O F E D.R. TCT-4 '.......... (0.0034 ACRES) 0ST?LEGEND F f.y.N ....... EASEMENT ENCROACHMENT (BY THIS SURVEY) ........ LOT LINE ANDREW J. WIDOLFF D ................................ r OLD LOT LINE 0 6771 ., r 3 .... EXISTING EASEMENT LINE �'•,90 �P: Q r SS SANITARY SEWER CENTERLINE yy'•.FSS��.•'yO 9 POC/POB :....... POINT OF COMMENCEMENTIBEGINNING O S lJ • • •V �' PFC ....... POINT FOR CORNER IRF,4RS •... IRON ROD FOUND/ 112" IRON ROD W/ YELLOW CAP STAMPED "WCG" ��•� SXC 'X" CUT IN CONCRETE SET (CM) ........ CONTROLLING MONUMENT 0 10 20 o P.R. T.C. r. PLAT RECORDS, TARRANT COUNTY TX 1 Basis of Bearings. Texas Coordinate D.R. T.C.T. .... DEED RECORDS, TARRANT COUNTY, TX System of 198J North Central Zone, O.P.R. T.C.r. .. OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, Tx (FEET) NA083 (2011) EPOCH 20>0.00, (Geoidl8) based on real time kinematic observations uoC./PD. VOLUME/PAGE 1 inch = 20 ft. utilizing Al/terro's RTXNET FRS network. INST. NO. ........ INSTRUMENT NUMBER n F a gn m N g so £ ffzo EXHIBIT °A° IS,K - _ _ �Z< _ A _ EASEMENT ENCROACHMENT "A.. PREPARED FOR: In 3 o c� auwJ+A �c ° ° 150.00 SQUARE FEET (0.0034 ACRES) ANCHOR " d c ° s J OUT OF THE W. R. REEDER SURVEY ABSTRACT NO. 1303 CONSTRUCTION o O \ 02`=2m NG�a2 °O o°mom'~^ O o N 3 ° a CITY OF FORT WORTH, TARRANT COUNTY, TEXAS v Q o N- T 9 o w EXHIBI T "A " _MATCHLINE (SEE SHEET 6) MATCHLINE (SEE SHEET T I -- - - ui — LOT 1, BLOCK 6psex�--CL- ✓OE LOU/S ADD/71oN�c P. O. B. 28.41EASEMENT ENCROACHMENT "A " VOL 368-141, PG. 7 SANITARY L6 Li P.R. T.C. T. MANHOLE L,�_` I SANITARY ALLIED WASTE SYS7FM.S; INC. I I c _ w- j MANHOLE (SUCCESSOR BY NAME CHANGE AND MERGER TO ESTES SERKCE COMPANY BY N L3 sXc AN AFFIDA 0T OF NAME CHANGE, RECORDED IN -J PFG I INSTRUMENT NO. D223060276, O.P.R. T.C. T.) EASEMENT ESTES SERVICE COMPANY CALLED 14.9 ACRES I I I I ENCROACHMENT "A VOL. 5292, PG 595 150.00 SO. FT. D.R.T.C. T. � (0.0034 ACRES) II I I SECOND TRACT" BEN R. & WILMA KING 42 I " ALLIED WASTE SYS7FMS, INC. VOL.A164� PG. rr D. R. T. C. T. L8 -'%FC REEDER 13p3EY CALLED 2.8703 AC ^ p W. R. S rRA C7 P. 0 B v I" AB INST. NO. D199076509 O.P.R. T.C. T. EASEMENT pFC L11 I �pFC ENCROACHMENr IFORT WORTH SAND & EASEMENT GRAVEL COMPANY, INCCALLED ENCROACHMENT "B"VOL. 2.12 AC 992 PG. 48150.35 SQ. FT.N D.R. T.C. T.(0.0034 ACRES) I I I DISTR/BUAON EASEMENT I I _I -PERMANENT SEWER FACILITY EASEMENT & RIGHT-OF-WAY I CITY OF FORT WORTH VOL. 4230, PG. 449 CALLED 0.4563 ACRES D.R. T.C. T. I I /NST. NO. D223090985 O.P.R. T.C. T. 10' I I i LINE TABLE I I LINE TABLE LINE BEARING LENGTH I I LINE BEARING LENGTH L1 S892154"W 7.21' I I L7 S355.43"W 37.76' L2 S029'18 E 15.00' I I L8 N90 001001E 15.04' L3 S892154W 10.00' I I L9 N355'43 E 22.88' L4 N029'18"W 15.00' I I L10 S35543'W 10.02' L5 S892154"W 11.20' I L11 N9000'00"W 15.04' L6 N892154 E 10.00' I L12 N35543 E 10.02' LEGEND EASEMENT ENCROACHMENT (BY THIS SURVEY) ........ LOT LINE ........ OLD LOT LINE ........ EXISTING EASEMENT LINE SS ... SANITARY SEWER CENTERLINE POC/Poe ....... POINT OF COMMENCEMENT/BEGINNING PFc :....... POINT FOR CORNER IRF/1Rs ;..... IRON ROD FOUND/ 1/2" IRON ROD W/ YELLOW CAP STAMPED "WCG" SXC „;,,,,, 'X" CUT IN CONCRETE SET (Cu) ........ CONTROLLING MONUMENT 1 O 2 O P.R. T.C.T. ........ PLAT RECORDS, TARRANT COUNTY, TX D.R. T.C.T. ........ DEED RECORDS, TARRANT COUNTY, TX O.P.R. T.C.T. .... OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TX (FEET) VOL./Pc. ... VOLUME/PAGE 1 inch = 2 0 f t INST. NO. ........ INSTRUMENT NUMBER po< rn N Z» ko CD O� oho 3 n aov O u T 9 o w r2 3 = »lm 97-24P.23 Basis of Bearings: Texas Coqpr1rAte System of 1983, North Cent o/ Zone, NAD83 (2011) EPOCH 2O10.00, (Geoid18) based on real time kinematic observations utilizing AI/terras RTKNET VRS network. EXHIBIT "A" EASEMENT ENCROACHMENT "B" 150.35 SQUARE FEET (0.0034 ACRES) OUT OF THE W. R. REEDER SURVEY, ABSTRACT NO. 1303, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS PREPARED FOR: ANCHOR CONSTRUCTION EXHIBIT "B" Licensee's Certificate of Insurance Licensee's Certificate of Insurance is on file with the City of Forth Worth. Tier II Easement Encroachment Agreement Page 11 of 12 Remised 12/2022 / EXHIBIT "C" Detailed depiction and description of the Encroachment Isee attachedl Tier 1I I:aseniem Encroachmoit Agreement 1'agi 12 of 12 Revised 12/2022 LEGEND - PROPOSED PRIVATE STORM CROSSING PROPERTY BOUNDARY _--- %"��-- �, e—.--_ItiA„ __,_ _ , ---«.---sAN-..—..- XISTING PAVEMENT _- ,, _.._._ _ PUBLIC SANITARY 8' AWAY FROM SAN. MH E�;) / r— PROPOSEGPAVEMENT '— j BOTTOM OF STM PIPE: 505.0' EXISTING SANITARY SEWER P O P S E D PRIVATE ELE EXISTING ELECTRIC LINES FLRED�END SECTION TOP OF SAN PIPE: 501.0' -S1M- PRO111.11 T.RMSEWER SEPARATION: 4.0' ® INV RT = 505.2' W/ _ E%ISTING BUILDING—y�y----�'��Tu m--snTm---sou-S" sR+-sRI� RIPRAP I�VLE PROTECTION --II PROPOSE. BUILDING i—�. 1. .-- _. —_—•-- ._—_ SaX—_.—. S — SAN. �All F PROPOSED 125 LF 12" ADS N-12 EASEMENT- PRIVATE STM PIPE @ 0.55% SLOPE Z ENCROACHMENT "A" SCALE: 1" = 30' Station -0+1 O'Hi-0 00 0+2�5.00 0«5P.00 0+6 ).00 PROPOSED FINISHED GRADE 510.0c UC.GO 5 -509A0 PROPOSED PRIVATE 8.0 -508.00 12" STORM PIPE 507.0o- 506.0o- - �os.00 v 505.00— -------505.00 504.00 - j 4.0' VER (CAL CLEARANCE �04.00 EXISTING 8" PUBLIC 503.00- '`; BETWEE14 BOT OF STM PIPE 503.00 SANITARY SEWER PIPE 502. &TOP O _PUBLIC SAN PIPE -502.00 501.0 _— 501.0o 15' WIDE PUBLIC 500.0c E100.00 SANITARY EASEMENT 49 . 48s.00 498.00— II 0+25.00 o.-sn.00 `198.00 -0+10I0.1.00.00 0+6 ).00 COPYRIGHT ® 2021 ANCHOR CONSTRUCTION. ALL EXHIBIT C • ENCROACHMENT "A" STORM PLAN AND PROFILE PIROPERTY OFA ANCHOR CONHTSRESERVED THESE STRUCTION. LLC ANYNGS REMAIN E Weaver RE -USE OF THESE DRAWINGS WITHOUT THE REPUBLIC FTW MAINTENANCE SHOP ADDITION EXPRESS WRITTEN PROHIBITEENT D, ANCHOR Consultants CONSTRUCTION. LLC IS PROHIBITED DO NOT SCALE PLANS: COPYING. PRINTING. SOFTWARE AND OTHER PROCESSES REQUIRED TO PRODUCE THESE PRINTS Group CAN STRETCH OR SHRINK THE ACTUAL PAPER OR OWNER INFORMATION LAYOUT, THEREFORE.INACCURATE.SCALINGNA THIS DRAWING MAYBE INACCURATE. CONTACT ANCHOR - CONSTRUCTION WITH ANY NEED FOR ADDITIONAL 7121 GRAPE ROAD (JOB NO. (DRAWN BY: AK I REV. I REPUBLIC SERVICES: ATTN: DAVID HARWELL, GM DIMENSIONS OR CLARIFICATIONS. GRANGER, INDIANA 46530 DATE: 12121rz021 (CHECKED BY: GIL 6100 LLL1U I I RELULI4 ROAD, FORT WORTH, TEXAS 76117 PH (574) 271-2921 FAX (574) 271-3343 1 CAD FILE: JAPPROVED BY: CL I ' PHONE: 325-370-3528 SHEET NO. C7 LEGEND PROPERTY BOUNDARY EXISTING PAVEMENT - PROPOSED PAVEMENT 511- EXISTING SANITARY SEWER ELE- EXISTING ELECTRICUNES -SNP- PROPOSED STORM SEWER ® EXISTING61JI1DI1NG PROPOSED BUIUOING ON SCALE: 1" = 30' Weaver Consultants Group 7121 GRAPE ROAD JOB NO. GRANGER, INDIANA 46530 DATE: PH (574) 271-2921 FAX (574) 271-3343 CAD FILE . I I PROPOSED PRIVATE INLET NEENAH 4 I I FOUNDRY R-2553 INLET FRAME AND TYPE G GRATE OR APPROVED EQUAL I GRATE ELEV: 506.57' 12" ADS N-12 INV (E) = 504.87' PROPOSED PRIVATE STORM CROSSING — PUBLIC SANITARY >5' AWAY FROM SAN. MH STM PIPE BOTTOM: 504.85' SAN PIPE TOP: 500.59.' SEPARATION: 4.26' PROPOSED 15 LF 12" ADS N-12 PRIVATE STM PIPE @ 0.55% SLOPE -0+10. w PROPOSED PRIVATE INLET NEENAH 510.00 FOUNDRY R-2553 INLET FRAME AND 509.0o- TYPE G GRATE OR APPROVED EQUAL 5 . 0- GRATE ELEV: 506.57' m 507.00-� 12" ADS N-12 INV (E) = 504.87' < 506.00- 505.00 0 504.00- 503.00— EXISTING 8" PUBLIC 502.0o- 3. SANITARY SEWER PIPE 15' WIDE PUBLIC SANITARY EASEMENT COY] m PROPOSED TEE OF PRIVATE STORIV DRAIN AT 504.85' Station 0+25.00 PROPOSED FINISHED GRADE Xoo0 PROPOSED PRIVATE 7.00 12" STORM PIPE -506.00 1 1 -504.00 4.26' VERTICAL CLEARANCE I -on BETWEEN BOT OF STM STRUCTURE & TOP OF PUBLIC SAN PIPE -502.00 -501.00 ---500.00 _ -499.00 I ^98 00 � -0+10.0 POL00 0+2 i.00 EXHIBIT C - ENCROACHMENT "B" STORM PLAN AND PROFILE REPUBLIC FTW MAINTENANCE SHOP ADDITION OWNER INFORMATION DRAWN BY: AK REV, REPUBLIC SERVICES: ATTN: DAVID HARWELL, GM 121212021 ICHECKED BY: CI 6100 ELLIU I I KEEUEh ROAD, FORT WORTH, TEXAS 76117 JAPPROVED BY: CL PHONE: 325-370-3528 COPYRIGHT 02021 ANCHOR CONSTRUCTION. ALL RIGHTS RESERVED. THESE DRAWINGS REMAIN THE PROPERTY OF ANCHOR CONSTRUCTION, U.C. ANY RE -USE OF THESE DRAWINGS WITHOUT THE EXPRESSWRITTEN CONSENTOFANCHOR CONSTRUCTION, LLC IS PRO HIBITED. DO NOT SCALE PLANS: COPYING. PRINTING, SOFTWARE AND OTHER PROCESSES REQUIRED TO PRODUCE THESE PRINTS CAN STRETCH OR SHRINKTHE ACTUALPAPEROR LAYOUT, THEREFORE. SCALING OF THIS DRAWING MAY BE INACCURATE, CONTACT ANCHOR CONSTRUCTION WITH ANY NEED FOR ADDITIONAL DIMENSIONS OR CLARIFICATIONS. SHEET NO. C2