HomeMy WebLinkAboutContract 59658Date Received: 6/27/2023
Time Received: 5:19 p.m.
Record Number: PN23-00052
City Secretary No.: 59658
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 Mid -Cities Logistics Owner,
LLC, a(n) Delaware limited liability company ("Licensee"), acting by and through its
duly authorized signatory.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 3153 Sandy
Lane, 7553 Buttercup Lane, and 3253 Boswell Drive, Fort Worth, Texas 76112
("Property"), being more particular described as, a 35.130-acre tract situated in the
Robert Ramey Survey. Abstract No. 1341, as recorded in Deed Records, by Instrument
Number D223015372 and a 28.663-acre tract situated in the Robert Ramey Survey.
Abstract No. 1341, as recorded in Deed Records, by Instrument Number D223015373, in
Tarrant County, Texas, and;
WHEREAS, the City owns a sanitary sewer and water easement (the "Public
Property") adjacent to the Property, recorded in the deed records of Tarrant County by
instrument number D223089961, and a 30-foot permanent utility easement recorded in
Volume 5533, Page 120 of the deed records of Tarrant County by instrument number
D22308996; 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
Tier II Easement Encroachment Agreement OFFICIAL RECORD Page 1 of 14
CITY SECRETARY Revised 12/2022
FT. WORTH, TX
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 water and sanitary 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 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 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.
Tier II Easement Encroachment Agreement Page 2 of 14
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.
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 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
Tier II Easement Encroachment Agreement Page 3 of 14
Revised 12/2022
presently contemplated or not, that the parties agree to negotiate in good faith in order to
accommodate both the Encroachment and the public purpose.
9.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL 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 "A."
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
Tier II Easement Encroachment Agreement Page 4 of 14
Revised 12/2022
the Encroachment and restoration of the Public Property. All insurance coverage
required herein shall include coverage of all Licensee's contractors and subcontractors.
11.
Licensee agrees to deposit with the City when this Agreement is executed a
sufficient sum of money to be used to pay necessary fees to record this Agreement in the
real property records of the county in which the Encroachment is located. After being
recorded, the original shall be returned to the City Secretary of the City of Fort Worth.
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.
Tier II Easement Encroachment Agreement Page 5 of 14
Revised 12/2022
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.
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
Tier II Easement Encroachment Agreement Page 6 of 14
Revised 12/2022
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Tier II Easement Encroachment Agreement Page 7 of 14
Revised 12/2022
City:
CITY OF FORT WORTH
By: DJ Harrell (Jun 27, 202315:42 CDT)
D.J. Harrell, Director of the
Development Services Department
Date: Jun 27, 2023
ATTEST:
Jannette Goodall,
City Secretary
Date: J u n 27, 2023
4.04044n�
apF FORt�ad
a�O°°°°°° ° 00 of
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Licensee:
Mid -Cities Logistics Owner, LLC
a Delaware limited liability company
By:
Name: B. Jeffrey'knowles
Title: Authorized Signatory
Date:
Approved As To Form and Legality
.Jeremy Anato Mensah
Assistant City Attorney
Date: J u n 27, 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 27, 2023 14:53 CDT)
Rebecca Owen
Development Services
Date: Jun 27, 2023
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Tier 11 Easement Encroachment Agreement Page 8 of 14
Revised 12/2022
11 H I by J_l!I Il OlU :ty 1111111i�1 OUJ . M 1111 .Jf 11 l�J l�l Il fly Irl�J►1 IiA'
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 27th day of
June .20 23 .
WendL. Digitally signed by
Y Wendy L. Beardslee
B e a rd s l e e Date: 2023.06.27
16:27:25-05'00'
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
o�pRY%'(WENDY L BEARDSLEE
a Notary Public
+ * STATE OF TEXAS
Notary I.D. 13323719-3
OF My Comm. Exp. July 28, 2025
Tier II Easement Encroachment Agreement
Page 9 of 14
Revised 12/2022
STATE OF TEXAS §
COUNTY OF T� §
Hawis
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Te %,S , on this day personally appeared B. Jeffrey Knowles, Authorized Signatory,
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 Mid -Cities Logistics Owner, LLC, a Delaware
limited liability company, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this Z1 day ofJVVV- ,
20 ?23
Notary Public in and for the
State of I.Q +as
C �,PY PUB STEPHANIE MARIE TURLEY
: Notary ID #129890538
My commission Expires
July 9, 2026
b
Tier II Easement Encroachment Agreement Page 10 of 14
Revised 12/2022
EXHIBIT A
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement Page 11 of 14
Revised 12/2022
10
"EXHIBIT A"
TRACT 1
ENCROACHMENT AGREEMENT
STATE OF TEXAS:
COUNTY OF TARRANT:
BEING a tract of land situated in the Robert Ramey Survey, Abstract No. 1341, City of Fort Worth, Tarrant County,
Texas, being a portion of that tract of land as described in deed to Mid -Cities Logistics Owner, LLC, recorded in
D223015373, Official Public Records, Tarrant County, Texas, and being more particularly described as follows:
COMMENCING at a 1 /2" rebar found at the intersection of the east line of Sandy Lane (variable width R.O.W.) and
the north line of Buttercup Lane (called 60' R.O.W. Volume 388-107, Page 16, Plat Records, Tarrant County, Texas),
being the southwest corner of said Mid -Cities tract;
THENCE South 89 degrees 56 minutes 00 seconds East, along the north line of said Buttercup Lane and the south line
of said Mid -Cities tract, a distance of 197.96 feet to a point, from which a 3/4" rebar found bears South 89 degrees
56 minutes 00 seconds East, 749.42 feet;
THENCE North 00 degrees 04 minutes 00 seconds East, departing the north line of said Buttercup Lane, across said
Mid -Cities tract, a distance of 6.34 feet to the POINT OF BEGINNING of the herein described tract of land;
THENCE across said Mid -Cities tract, as follows:
North 00 degrees 04 minutes 00 seconds East, a distance of 5.00 feet;
South 89 degrees 56 minutes 00 seconds East, a distance of 15.00 feet;
South 00 degrees 04 minutes 00 seconds West, a distance of 5.00 feet;
North 89 degrees 56 minutes 00 seconds West, a distance of 15.00 feet to the POINT OF BEGINNING and
containing 75 square feet or 0.002 acre of land.
NOTE:
Bearings are referenced to Texas State Plane Coordinate System, North Central Zone (4202), North American Datum
of 1983 as derived from GPS observation.
Scale:
NONE
Sheet
0 a
CIVIC
Date: 4/18/2023
1
Engineering & Surveying
Job No.:
10961
of
2559 SW Grapevine Pkwy, Grapevine, Texas 76051
Drafted:
T.J.M.
817-329-4373
TxEng Firm # F-2944 I TxSury Firm # 10021700
Checked:
J.S.B.
4/18/2023
If
10
''EXHIBIT A"
TRACT 2
ENCROACHMENT AGREEMENT
STATE OF TEXAS:
COUNTY OF TARRANT:
BEING a tract of land situated in the Robert Ramey Survey, Abstract No. 1341, City of Fort Worth, Tarrant County,
Texas, being a portion of a called 28.663 acre tract of land as described in deed to Mid -Cities Logistics Owner, LLC,
recorded in D223015373, Official Public Records, Tarrant County, Texas (OPRTCT), and being more particularly
described as follows:
COMMENCING at a 1 /2" rebar capped TEXAS SURVEYING found at the intersection of the north line of Buttercup
Lane and the west line of Boswell Drive (called 60' Right -Of -Ways per Volume 388-107, Page 16, Plat Records,
Tarrant County, Texas), being the southeast corner of said Mid -Cities called 28.663 acre tract and being an angle
point in the west line of a called 35.130 acre tract of land as described in deed to Mid -Cities Logistics Owner, LLC,
recorded in D223015372, OPRTCT, from which a 3/4" rebar found bears South 79 degrees 18 minutes 04 seconds
West, 205.42 feet;
THENCE North 27 degrees 58 minutes 08 seconds West, departing the north line of said Buttercup Lane, across said
Mid -Cities called 28.663 acre tract, a distance of 134.22 feet to the POINT OF BEGINNING of the herein described
tract of land;
THENCE across said Mid -Cities called 28.663 acre tract, as follows:
South 89 degrees 12 minutes 35 seconds West, a distance of 15.00 feet;
North 00 degrees 47 minutes 25 seconds West, a distance of 5.00 feet;
North 89 degrees 12 minutes 35 seconds East, a distance of 15.00 feet;
South 00 degrees 47 minutes 25 seconds East, a distance of 5.00 feet to the POINT OF BEGINNING and
containing 75 square feet or 0.002 acre of land.
NOTE:
Bearings are referenced to Texas State Plane Coordinate System, North Central Zone (4202), North American Datum
of 1983 as derived from GPS observation.
Scale:
NONE
Sheet
CIVIC
Date: 4/18/2023
-2)
Engineering & Surveying
Job No.:
10961
of
2559 SW Grapevine Pkwy, Grapevine, Texas 76051
Drafted:
T.J.M.
817-329-4373
TxEng Firm # F-2944 I TxSury Firm # 10021700
Checked:
J.S.B.
4/18/2023
If
10
"EXHIBIT A"
TRACT 3
ENCROACHMENT AGREEMENT
STATE OF TEXAS:
COUNTY OF TARRANT:
BEING a tract of land situated in the Robert Ramey Survey, Abstract No. 1341, City of Fort Worth, Tarrant County,
Texas, being a portion of that tract of land as described in deed to Mid -Cities Logistics Owner, LLC, recorded in
D223015372, Official Public Records, Tarrant County, Texas, and being more particularly described as follows:
COMMENCING at a 3/4" rebar found in the north line of U.S. Highway No. 180 (variable width R.O.W.) at the
southeast corner of said Mid -Cities tract and the southwest corner of a remainder portion of the 1 st Tract as
described in deed to Earl R. Waddell, recorded in Volume 1585, Page 10, Deed Records, Tarrant County, Texas,
from which a bent 3/4" rebar found the intersection the north line of said U.S. Highway No. 180 and the east line of
Boswell Drive (called 60' R.O.W.) bears South 79 degrees 15 minutes 34 seconds West, 1043.30 feet;
THENCE North 00 degrees 31 minutes 40 seconds West, departing the north line of said U.S. Highway No. 180, along
the west line of said Waddell 1st Tract, a distance of 121.25 feet to the POINT OF BEGINNNG of the herein described
tract of land;
THENCE departing the west line of said Waddell 1 st Tract, across said Mid -Cities tract, as follows:
South 89 degrees 34 minutes 10 seconds West, a distance of 24.25 feet;
North 00 degrees 31 minutes 40 seconds West, a distance of 40.93 feet;
North 89 degrees 53 minutes 14 seconds East, a distance of 24.25 feet to a point in the west line of said Waddell
1 st Tract, from which a 1 /2" rebar found bears North 00 degrees 31 minutes 40 seconds West, 1608.86 feet;
THENCE South 00 degrees 31 minutes 40 seconds East, along the west line of said Waddell 1 st Tract, a distance of
40.79 feet to the POINT OF BEGINNING and containing 991 square feet or 0.023 acre of land.
NOTE:
Bearings are referenced to Texas State Plane Coordinate System, North Central Zone (4202), North American Datum
of 1983 as derived from GPS observation.
Scale:
NONE
Sheet
0 a
CIVIC
Date: 4/18/2023
3
Engineering & Surveying
Job No.:
10961
of
2559 SW Grapevine Pkwy, Grapevine, Texas 76051
Drafted:
T.J.M.
817-329-4373
TxEng Firm # F-2944 I TxSury Firm # 10021700
Checked:
J.S.B.
4/18/2023
If
it
I
I
I
I
"EXHIBIT A"
I
I
I
LINE TABLE
LINE #
BEARING DISTANCE
0 60
Ll
N00004'00"E 6.34'
SCALE IN FEET
L2
N00004'00"E 5.00'
L3
S8905600"E 15.00'
I
L4
S00004'00"W 5.00'
L5
N8905600"W 15.00'
1
I
MID -CITIES LOGISTICS
OWNER, LLC
1�
D223075373
W
I
O. P. R. T. C. T.
�Y
Zo
JC�
TRACT 1
p
ENCROACHMENT
AGREEMENT
P.O.C.
75 SQ. FT.
' TRACT 1
0.002 Ac.
�a/�
1 /2"R.F.
7.5' EASEMENT FOR WATER LINE
L3 VOL. 388-107, PG. 16
L2
P.R.T.C.T.
L 1
L4
S 89°56'00" E 197.96'
L5
BUTTERCUP LANE
P.O.B.
(CALLED 60' R.O. W.)
VOL. 388-707, PG. 76, P.R.T.C.T.
TRACT 1
'
I
I
Scale:
1 " = 60'
Sheet
0 a
GMCIVI
[
Date:
4/18/2023
14
Engineering & Surveying
Job No.:
10961
of
2559 SW Grapevine Pkwy, Grapevine, Texas 76051
Drafted:
T.J.M.
817-329-4373
TxEng Firm 4 F-2944 I TxSury Firm # 10021700
Checked: J.S.B.
"0
p���FTFk
JOEL S. BARYON
.• .
3
0 4914
s-0
a
Ole.
. ESS1 �
`qN0
SUR%J
0
4/28/2023
w
"EXHIBIT A''
i
I
LINE TABLE
(CALLED 28.663 ACRES) � 1
MID -CITIES LOGISTICS I 1
LINE #
BEARING DISTANCE
OWNER, LLC
D223075373
L6
S89012'35"W 15.00'
0.P.R.T.C.T
L7
N00047'25"W 5.00'
TRACT 2
L8
N89012'35"E 15.00'
ENCROACHMENT
0 60 1
AGREEMENT I
L9
S00047'25"E 5.00'
1
SCALE IN FEET 75 SQ. FT. 1
'
0.002 AC.
APPROXIMATE LOCATION
1
CITY OF FORT WORTH
15PERMANENT
I
�`? L8 I
UTILITY EASEMENT
VOL. 14297, PG. 542
D.R.T.C.T.
1
L%
�I Yl �9
S 1
I
(CALLED 35.730 ACRES)
L6
MID -CITIES LOGISTICS
OWNER, LLC
l" �� I
D223075372
TRACT 2 �, I
0.P.R.T.C.T.
� 1
7.5' EASEMENT FOR WATER LINE
P.O.C.
VOL. 388-107, PG. 16 I
P.R.T.C.T.
TRACT 2
_
1/2"R.C.F.
''TEXAS SURVEYING''
= LpN
_ _ RCUP
R O.w.)
1
BOOTF0 60' T C.T.
16, P.R
(CA�107,
1
PG•
3/4"R.F. 388-
VOL.
Ii
c) O
� r
W�
1 for 1
1 �o�
1
Scale:
1 " = 60'
Sheet
0 a
GMCIVI
[
Date:
4/18/2023
u
Engineering & Surveying
Job No.:
10961
of
2559 SW Grapevine Pkwy, Grapevine, Texas 76051
Drafted:
T.J.M.
817-329-4373
TxEng Firm 4 F-2944 I TxSury Firm # 10021700
Checked: J.S.B.
ti�N =1
"o
p���FTFk
JOEL S. BARTON
.• .
3
0 4914
s,0
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ESS1 Ole-
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4/28/2023
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''EXHIBIT A"
0 60
SCALE IN FEET
APPROXIMATE LOCATION
CITY OF FORT WORTH
30'PERMANENT
UTILITY EASEMENT I I APPROXIMATE LOCATION
VOL. 5533, PG. 120 I 5 TEXAS ELECTRIC SERVICE COMPANY
D.R.T.C.T. I I I EASEMENT AND RIGHT-OF-WAY
VOL. 2950, PG. 275, D.R.T.C.T.
APPROXIMATE LOCATION
50' MAGNOLIA PIPE
LINE COMPANY
APPROXIMATE LOCATION RIGHT-OF-WAY
QUICKSILVER RESOURCES, INC. I I I VOL. 2579, PG. 391, D.R.T.C.T.
10' EASEMENT AND RIGHT OF WAY I (I
FOR OVERHEAD OR UNDERGROUND I REMAINDER
ELECTRIC SUPPLY
D211215709, O.P.R.T.C.T. I 1ST TRACT
APPROXIMATE LOCATION
COWTOWN PIPELINE PARTNERS, L.P.
PIPELINE EASEMENT
D207285909, O.P.R.T.C.T.
AFFECTED BY
D208425838 & D210239365, O.P.R.T.C.T. I L12
AMENDED BY
D211215711, O.P.R.T.C.T.
EARL R. WADDELL
VOL. 1585, PG. 10
D.R. T C.T.
�� S �0,1
TRACT3P.O.B.
ENCROACHMENT
I
r !
TRACT 3
AGREEMENT
I L1 0 I I
991 SQ. FT.
APPROXIMATE LOCATION
QUICKSILVER RESOURCES, INC.
0.023 AC.
I I I
PIPELINE EASEMENT
N
I D207285908,O.P.R.T.C.T.
AMENDED
LINE TABLE
I�
I D211215710, O.P.R.T.C.T.
LINE #
BEARING
DISTANCE MID -CITIES LOGISTICS
OWNER, LLC
L10
S89034' 10"W
24.25'
D223075372
I
I o
L11
N00031'40"W
40.93' 0.P.R.T.C.T
CD
i
I
I
L12
N8905314"E
24.25'
L
L13
S00031'40"E
40.79' _
P.O.C.
_
TRACT 3
—__ IAYNo.1g0
u.ss HIGH WIDTH R.O•W)
(VARIABLE
h
3/4"R. F.
a Scale: 1 " = 60' Sheet
GM civel Date: 4/18/2023
Job No 10961
Engineering & Surveying
2559 SW Grapevine Pkwy, Grapevine, Texas 76051
817-329-4373
TxEng Firm # F-2944 I TxSury Firm # 10021700
of
Drafted: T.J.M.
Checked: J.S.B.
Z :
'EOF7- 3
, G4ER oqs m°
JOEL S. 11ARTON
3
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PROJECT
LOCATION
s1.ay Valley y
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GaltCIU3
AkIy
Lake Adcliglul
ijoH CotrS@
VICINITY MAP
NTS
MID CITIES LOGISTICS
CENTER
LOCATED IN
CITY OF FORT WORTH, TEXAS
A X A 7nC NTf-"� OnT
PREPARED FOR: PREPARED BY:
CnTU\TCTT T)TqT]RICT* 1;
u
® GMcivil
TRANSWESTERNV, Engineering & Surveying
2559 SW Grapevine Pkwy, Grapevine, Texas 76051
a '7- 19-4173
TxEng Firm # F-2944 I TxSuw Firm # 10021700
APRIL, 2023
ENCROACHMENT OVERVIEW
N
W+E
GRAPHIC SCALE 1"=100'
N
0 0 100 200 300
N
r`
O
C
LEGEND
W WATER LINE
S SEWER LINE
S EX. SEWER LINE
SANITARY
SEWER M.H.
EASEMENTS
PRIVATE STORM
DRAIN INLET/
STORM DRAIN
PREPARED BY:
GM
Engineerin
2559 SW Gopevine P
817
T,Eng Fnn # F2944
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civil
g & Surveying
kwy, Grapevine, Texas 76051
329-4373
1 TS— Finn # 10021700
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MID CITIES LOGISTICS - \
ENCROACHMENT NO. 1
3E
Wz
m
GRAPHIC SCALE 1"=40'
0 40 80 120
PREPARED BY:
GMcivil
Engineering & Surveying
25595W Grapevine Pk y, Grapevine, Texas 76051
817-329-4M
TxEng Firm # F-2944 1 T.S., r— # 1OW1700
LEGEND
W WATER LINE
S SEWER LINE
61
EX. SEWER LINE
SANITARY
SEWER M.H.
EASEMENTS
PRIVATE STORM
DRAIN INLET/
STORM DRAIN
� T
ENCROACHMENT No. 1
8'' PUBLIC A
Lot A-R, Block 1 I SANITARY SEWER
BOSWELL INDUSTRIAL PRIVATE
PARK SEWER ESMT.
VOL. 388-151, PG. 16
P.R.T.C.T.
7.5' EASEMENT FOR WATER LINE
VOL. 388-1 7, PG. 16
P.R. .T.� /
C
am
_ zm
n
C
\ m
PROFILE SCALE
Horizontal Scale: 1" = 40'
Vertical Scale: 1" = 4'
PUBLIC I II PRIVATE
5 70 7.5' EASEMENT FOR WATER LINE [-�EX. 10' UTILITY EASEMENT
VUE. 366-1 J7, F G. 16
P.R.T.C.T. III
EXISTING GROUND PROFILE @
CENTERLINE OF PIPE I I
II
I
565
I��SI
19 L.F. OF 8" D.I.P. W/ I 1
EPDXY COATING W/
560 20 STEEL CASING PIPE AND I
CLSM BACKFILL
rlorE:
CONTRACTOR TO
FROTE=:CT SEWER LIN-
NAL'
TT IM SDjRING
mRTi555---
1
570
565
560
555
SFWCC
ENCROACHMENT NO. 2
to+z
m
GRAPHIC SCALE 1"=40'
0 40 80 120
15' WATER ESMT.
PREPARED BY: � � N
GMcivil ENCROACHMENT No. 2 /
Engineering & Surveying /
25595W Grapevine Pk y, Grapevine, Texas 76051 �-
817-329-4373
TxEng Firm # F-2944 1 T.S., r— # 10021700 _
04 PROPOSED PUBLICw 16'' W.L.
N —
o LEGEND —W ,
O W WATER LINE % <
S SEWER LINE
S EX. SEWER LINE
W�
SANITARY
3 SEWER M.H.
0
EASEMENTS
I PRIVATE STORM
DRAIN INLET/
STORM DRAIN
PROFILE SCALE
Horizontal Scale: 1" = 40'
Vertical Scale: 1" = 4' EXISTING GROUND PROFILE @
_ CENTERLINE OF PIPE
U)
i
E 570 S70
U
a
O
PROPOSED GROUND PROFILEj<,@
CENTERLINE OF PIPE
N
C
a
0
565 565
U
N
3
m
O
0]
I
L
560
43 LF OF 24" STEEL CASING PIPE
560
WITH CLSM BACKFILL
N
PER 33 05 10
o
M
o
~
NOTE:
CONTRACTOR TO
PRIVATE
PROTECT STORM
21
0)
DRAIN LINE AT ALL
° S.D.
555
TIMES DURING
555
w
CONSTRUCTION
MID CITIES LOGISTICS
S
ENCROACHMENT ENT NO. 3
N
W+E
8
GRAPHIC SCALE 1"=40'
0 40 80 120
PREPARED BY:
GMcivil
Engineering & Surveying
25595W Grapevine Pk y, Grapevine, Texas 76051
817-329-4373
TxEng Firm # F-2944 1 T.S., r— # 10021700
LEGEND
W WATER LINE
S SEWER LINE
S EX. SEWER LINE
SANITARY
SEWER M.H.
EASEMENTS
PRIVATE STORM
,W70 DRAIN INLET/
STORM DRAIN
POND OUTLET STRUCTURE
4" THICK, 3,000 PSI
CONCRETE WITH #3 BARS @
18" O.C.E.W. AND 2' DEEP
TOW WALL ON ALL SIDES
aid
30' CITY OF FORT WORTH
UTILITY EASEMENT -
VOL. 5533, PG. 120
ONCOR ELECTRIC DELIVI£ Y
10' EASEMENT
D211215709
QUICKSILVER
PIPELINE EASEMENT
D207285908
AMENDED BY
D211215710
; ALLEN & ROBIN WADDELL
CALL 19.51 AC.
VOL. 9146, PG. 1963
ENCROACHMENT No. 3
RIP RAP D50=6", 12" THICK
LANDLOK 435 TURF
REINFORCEMENT MAT OR
EQUAL
�rIA
That Boswell Oeval, cnf CCoo=rppanv
of Tarrant County, Texas, fdr end r consideration of One Dollar ($1.00) and other volute:.:,
consideration paid by the City of Fort Worth, a municipal corporation of Tarrant Coctnty,
Texas, receipt of.which is hcfeb�- acknowledged, do grant, bargain and convey to said City,
its successors -and as3ig_ns', *the u,e and passage in and along the following parcel or trer_t
of land situated in Tarrant County. Texas, in accordance with the plat hereto attac�cd,
to -wit: OCT--1-73 i 2 3 5 9 5 LS — tip
PERMANENT UTILITY EASEMENT
1 ( A tract or parcel of land thirty (301) feet in width, over, under and across a portion: of
Tract 12D, out of the R. R. Ramey Survey, Abstract 1341, belonging to the Boswell Dsvcloa:::rt
Company as recorded in Volume 3328, Page 420, Tarrant County Deed Records, Tarrant County, Tozn3;.
1 The said tract or parcel of land being described by metes and bounds am follows:
Beginning at the southeast corner of said Tract 12D, said point also being in the north sight- �•
of -way lineoof U.S. Hwy. 80 (E. Lancaster Ave.); „ �.•
Thence S.79 20'W. along the said south property line of said Tract 12D, nor -way-line
U.S. Hwy. §0, a distance of 30.5 feet to a point;
Thence N.0 23'W, a distance of 1219.2 feet to a point in the north prop i of d Tract 1. {
12D, south property line Tract 13, as recorded in Vol* 4659. Page 965 ty Deed
Records;
Thence N.890321E. along the north property line of said Tract 12 of 30.0 fret to the
northeast corner of amid Tract 12D;
Thence 3.00231E. along the east property line of said Tract 12 di t nce of 1213.8 feet to the 1
southeast corner of said Tract 12D, the place of beginning.
The said thirty (30.01) feet wide strip of land contain ft. (0,84 Ae.)
TEMPORARY ONSTRUCTI EASEMENT
'It is further agreed and understood that the Cit t will be permitted the temporary..
use of an additional strip of land fifty (50.0. e , lying West of, parallel and
adjacent to, the above described thirty (30. of e p nent easement, said additional
strip of land to be used for the purpose ofimpnzt
c g a sanitary sewer, the first utility
to be constructed in the above described t sement.
Upon completion of the construction ha aattlrEa^^ry sewer and its acceptance by the City
Council of the City of Port Worth. 1 h rented within the above described temporary
construction easement oliall cease, an a perationa, maintenance and repairs shall bs.cgnfJq*4 -,
'' to the above described thirty (30.01) t ide permanent utility easement.
Tha acid construction sea t ns 61,180 sq. ft. (1.36 Ac.
The construction of th o ed a ary sewer to be located within the permanent utility'
easement will not pr Padp he a uction of a roadway over, along and across eiid issement. ,
�•
PPP '
` It:,i,s intended by these presents to convey a right -of -;way to the said City of Fort.
Z` Wdrth;to';msintain and construct the above Improvements, with the usual rights of Ingress
N. .and..ege4ss',i"n the necessary use of such right-of-way, In and along said premises.
d WTt1rES5' mY hanthis, the day of" f A.O. 1973
Boswell Development Companv
tA.
Kn9nn i,
__ML 5533 PccE 1.20 ..
a J;j:%_"N, .. _. '__ __.._"a..rwaM...::.J::-a.�._ .-..c. x�..atr R....PFf!'rnt_T r.lebWA +••�I`M:. .. _ri: !Y'f' �'S`•. .. ��
. '�.�: � y.r'+:'"'�'.'h•��::'ktlt;y•'.•t�` �. .lri:..:'w•ry,lirrr xe�iif��u`U:'+w+'` I . ,i.irrr �;b)Y.,�T,'*,M�►.�-X ,,:r!f1!C'.',�y�;:� •
s � N0; ` City of ?Ott "a—)rlr2►•
i"itsry Bove, wroject #106-13000-6062
Of fait* Seger Sandy Oaks AOdition'
PAMER O.C.!'.C./ 14UCb 13, 1573 t.
80' tempo{ary
n 'r.
construction easement
�;
!D' perm't. easement
PARCEL NO, 2
T
I TBO RACT EL 2$EVELOPMENT C),I 4
VOL. 3123 P.420 I e i Rv ELL.'.
'P.O. e}ox 15%5 P.10 -
� �T. Yr1DR'CN�T�X/tirf ,
M. 6/7- J" -ZZ 77
PLAT OF
CITY OF FORT WORTH 't ,' . i }
WATER DEPARTME>;)'i' ;
RIGHT-OF-WAY
h
LEGEND 4
V -Property Lines
Permanent easement
{�
I: q •.'. .Temporary Const.
Easement
1 Existing Easements
,,++•f � :1xY,
;, .;, ]• - 100 I,. POINT OF SEQINNINs
;1;,:: PARCEL NO. L,-
, ,,J �,,��j�'"�*� ;ti : , •� , Aar
E. .)Vn .;,3 •� .I�" it , •'�i�iY; ��;i'i'y,
v ;a_ -VOL5531, Pw1 l L
. . •
t ' 14
A:
VOL 5533 PAcci22
111E STATE OF TEXAS' X _
r, 5-iC lUNTY OF TARRAAT X •` - - <#
}BEFORE MEj*.the undersigned authority, on this day personally appeared
and his wife, known to me to be the persons -whose names are-
;c•:.subscribed to the foregoing instrument, and the'said` acknowledged '•
to me that he executed the same for the purposes and consideration therein expressed. And
the said wife of the said having
heen examined by me privily and apart from her husband, and having the same fully explained
-in her, she, the said acknowledged such instrument to be her act '
end deed, and declared that she had willingly dl9ned the same for)the purposes and consider-
ation therel'n expressedi and that she dia not wish to retract it. _.. .
GIVEN UNDER MY 'NAND AND SEAL OF'DFFICE, THIS day of• , A.D.
• r , . , • I . •. r ,. ' 1�
tt ,
$9 r• A Notary Public d o Tarrant'
,. Coun 0 s
C.
• 7� r :. , u .. yr t .. i (r ) c �/ . .. . , i
THE STATE OF TEXAS
COVHTY OF TARRANT; :X ' • ,.'
Y - •• •, . r r t r.
}14: '' !.' „ �._ ... n V. W. Boswell•'fxesident
„1I; BEFORE ME, the undersigned authority, on this e o i'y appeared Boswell Development Company.
,% known to me to be the person whose name i b btld the foregoing instrument, and
acknowledged to me that he, executeo Sh s e f e purposes and consideration ,
-jY therein expressed, and in the capacity d.
.HAONq, HI UNDERMday of A.D. 19_.3_� .,
A Notary Public in and for Tarrant
+•• County, Texas
i
1' rHE STATE 0 E X
�COUNTY F RRA T X
±.•. uEFORE ME, the undersigned authority, on this day personally appeared ,
4rife of known to me to be the person whose name is subscribed
r'r !fj the foregoing instrument, and having been examined by me privily and apart from her
nusband, and having the same fully explained to her, she, the said ,
acknowledged such instrument to be her act and deed, and she declared that she had willingly
signed the same for the purposes and consideration therein expressed, and that she did not.•,
i:. wish to retract it.
00
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS the day of A.D. 19
il• :i,:n,p'n', 1u4r,,11.,.. *•, :r, . _.__._A_Motar"ublic In d4OL Tarrant..'
i County, Texas.. • r r „, ;
i
ia
q O
ao M�
CJ O
c PC A RANT CO NYY, TEXAS c
d
d ,� T3 ' OCT t AM 10 : 32 M
d dM
�4
1 !OUNTY FTIN 44 H
t" c4 O CLERK' u X
�BY�w•-----w._DE$ F w w
0
O•
b7.4T i OF TEXAS
COUNTY OF TARRANT
1 Iwreby catily that this Instrument Mfae RLE7 OIT fl$
4ke and at the time stum°ed hereon by me sM wes duly
RLCOTIDED In the VOWS snd Page of the DEED RECORDS
of. latent Cu°nty. Texas, as stamped hemtm by M16
uae,\h ocT 1 1973
•,{{ w �j
'1
COUNTY CLERK
IARRANr COUNTY, TVA
EXHIBIT B
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 12 of 14
Revised 12/2022