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HomeMy WebLinkAboutContract 59349-CA1Date Received: 9/18/2023 Time Received: 1:09 P.M. Permit Number: PN23-00111 City Secretary Number: 59349-CA1 ASSIGNMENT, CONSENT, AND AMENDMENT OF ENCROACHMENT AGREEMENT City Secretary Contract No. 59349 THIS ASSIGNMENT, CONSENT, AND AMENDMENT OF ENCROACHMENT AGREEMENT ("AssiLynment") is made and entered into as of this 18th day of September 2023, by and between the CITY OF FORT WORTH, a Texas home -rule municipal corporation 7550 Oak Grove Rd (Fort Worth) Owner, LLC, a Delaware limited liability company ("Assignor"), and 6900 AWG Way (Fort Worth) Owner, LLC, a Delaware limited liability company ("Assignee"). City, Assignor, or Assignee may also be referred to individually as a "Party" or collectively as the "Parties" herein. WITNESSETH: WHEREAS, the City entered into an encroachment agreement with Assignor (incorrectly identified as "7550 Oak Grove (Fort Worth) Owner, LLC") on the 5th day of May, 2023 under City Secretary Contract ("CSC") No. 59349 (the "Agreement), attached hereto as Exhibit "A" and incorporated herein by reference for all purposes; WHEREAS, Assignor, at the time of execution of the Agreement, was the owner of certain real property more particularly described in the legal description within the Agreement (the "Property") with a common address of 7550 Oak Grove Road which is located adjacent to or near the City's easement; WHEREAS, the Agreement allowed for certain encroachments particularly referenced in the Agreement therein as the "Encroachment"; WHEREAS, the Agreement was recorded the 9t" day of May, 2023, as Instrument No. D223079720 in the Real Property Records of Tarrant County, Texas; WHEREAS, the Assignor now desires to convey a portion of the Property to be known as 6900AWG Way, asdescribed on Exhibit "B" attached hereto and incorporated herein by reference (the "Assignee Property") to Assignee and, in turn, assign the Agreement to the Assignee; WHEREAS, the Encroachment exists solely for the benefit of the Assignee Property; WHEREAS, the Parties desire to release that portion of the Property not transferred to Assignee (the "Remaining Property") from the encumbrance created by the Agreement, and to release Assignor from any and all obligation and liability thereunder accruing following the Effective Date (as defined herein); OFFICIAL RECORD Assignment, Consent, and Amendment to CSC 47435 CITY SECRETARY Page I of 13 FT. WORTH, TX Rev 04/2020 WHEREAS, the City approves of such assignment and release; and WHEREAS, in addition to the assignment and release, the Parties also wish to amend the Agreement to modify the definition of the Property. AGREEMENT: NOW, THEREFORE, for and in consideration of the above and foregoing premises and the mutual covenants, terms, and conditions herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1. Assignor hereby assigns, transfers, and conveys all rights and interests and delegates it duties and obligations under the Agreement to Assignee. 2. Assignee hereby accepts the Assignment granted herein, and assumes all of Assignor's rights, duties, and obligations arising under the Agreement. 3. Notwithstanding anything to the contrary contained in the Agreement, Exhibit A attached to the Agreement is hereby deleted in its entirety and replaced with Exhibit B attached to this Assignment. For the avoidance of doubt, any and all reference to the "Property" set forth in the Agreement shall be deemed to refer only to the Assignee Property, and shall exclude the Remaining Property 4. Assignor has full right, power, and authority to enter into this Assignment, to make the representations set forth herein, and to carry out Assignor's obligations hereunder. Assignee has the full right, power, and authority to enter into this Assignment, to make the representations set forth herein, and to carry out Assignee's obligations hereunder. 5. The effective date of this Assignment shall be the date of its execution by the City (the "Effective Date"), All rights, duties, and obligations under the Agreement arising, accruing, or relating to the period before the Effective Date are allocated to Assignor, and all rights, duties, and obligations arising, accruing, or relating to the period thereafter shall be allocated to Assignee. 6. Except as otherwise expressly set forth in this Assignment, Assignor will be discharged from any and all further obligations under the Agreement as of the Effective Date. 7. Assignor represents, warrants, and covenants with City and Assignee that as of the Effective Date, Assignor is not in default of any of its obligations contained in the Agreement. 8. City hereby consents to this Assignment upon the terms and conditions set forth herein. Unless and until City has executed this Assignment, it is of no effect. The consent Assignment, Consent, and Amendment to CSC 47435 Page 2 of 13 Rev 04/2020 granted herein should not be construed as consent to any further assignments. The failure or delay of City in seeking to enforce any provision of the Agreement or this Assignment shall not be deemed a waiver of rights or remedies that City may have or a waiver of any subsequent breach of the terms and provisions therein or herein contained. 9. Any notice given by any Party to another Party must be in writing and shall be effective upon receipt when (i) sent by U.S. mail with proper postage, certified mail return receipt requested, or by a nationally recognized overnight delivery service, and (ii) addressed to the other Party at the address set out below or at such other address as the receiving Party designates by proper notice to the sending Party. City Development Services Department 200 Texas Street Fort Worth TX 76102 Attention: Director Assignor 7550 Oak Grove Rd (Forth Worth) Owner, LLC 4700 Wilshire Blvd. Los Angeles, CA 90010 Attention: Alan Sollof Assignee 6900 AWG Way (Forth Worth) Owner, LLC 4700 Wilshire Blvd. Los Angeles, CA 90010 Attention: Alan Sollof 10. Except as herein otherwise provided, this Assignment will be binding upon and inure to the benefit of the Parties and their respective successors and assigns. 11. Assignee shall cause this Assignment to be filed of record at Assignee's expense in the Real Property Records for Tarrant County, Texas. 12. The Certificate of Insurance for the Assignor attached as Exhibit "C" to the Agreement is hereby deleted and replaced with the attached Certificate of Insurance from the Assignee as "Exhibit C, Revised." 12. Section 18 of the Agreement is hereby deleted in its entirety and replaced with the following: 18. Assignment, Consent, and Amendment to CSC 47435 Page 3 of 13 Rev 04/2020 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. 13. All terms and conditions of the Agreement not amended herein remain unaffected and in full force and effect, are binding on the Parties, and are hereby ratified by the Parties. Capitalized terms not defined herein shall have meanings assigned to them in the Agreement. 14. This Assignment may be executed in multiple counterparts, each of which shall be deemed an original, and all of which, when taken together, shall constitute one and the same document which may be evidenced by one counterpart. [SIGNATURES APPEAR ON FOLLOWING PAGES] Assignment, Consent, and Amendment to CSC 47435 Page 4 of 13 Rev 04/2020 ASSIGNOR: 7550 Oak Grove Rd (Fort Worth) Owner, LLC, a Delawal:e-1-im+ed- 4bility company C Title: Vice ASSI 6900 AWG a Delaware I Name: Shaul Kuba Title: Vice President orth) Owner, LLC � company Assignment, Consent, and Amendment to CSC 47435 Page 5 of 13 Rev 04/2020 ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ( ss COUNTY OF X05 1�(9r /'0i)ey pubu Onj� before me, iL%qWE/ (here insert name and title of the officer), persona y appea'red -�da U i') A (insert name(s) 4 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. 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 I *my MAGGIE MURADIAN Notary Public • CaliforniaLos Angeles County F Commission # 2367154 Signature / (Seal) Comm. Expires Jul 22, 1025 Assignment, Consent, and Amendment to CSC 47435 Page 6 of 13 Rev 04/2020 ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OFPS , Ij---) (7 NET PU 8LA On �Q _ before me,/ /tq6(� fPJOA,�/�here inser n me and title of the officer), personal appeAed !�Jjtq0i— K 0 8jq (insert name(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. 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 (Seal) *my MAGGIE MURADIAN Notary Public • California E Los Angeles County Commission # 2367154 Comm. Expires Jul 22, 2025 Assignment, Consent, and Amendment to CSC 47435 Page 7of13 Rev 04/2020 APPROVED AS TO FORM AND LEGALITY: CITY OF FORT WORTH ® DJ Harrell (Sep 18. 202312:14 CDT) FWBC Sec. 3210 DJ Harrell, Director Thomas Royce Hansen, Assistant City Attorney Development Services Department City Attorney's Office Date: Sep 12, 2023 Date: Sep 18, 2023 davo4IlIl p CF FORT�pO �o °ono o=°e ATTEST: n � as TEXAS a R Lc Jannette Goodall City Secretary (M&C not Required) Date: Sep 18, 2023 Contract Compliance Specialist: 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. Bichson Nguyen (for) ep i3, 2023 0N.52 CDT) Rebecca Owen Development Manager Sep 13, 2023 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Assignment, Consent, and Amendment to CSC 47435 Page 8 of 13 Rev 04/2020 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on September 18th , 20 23 by DJ Harrell, as the Director of the Development Services Department of the City of Fort Worth, a Texas municipal corporation on behalf of the City of Fort Worth. - - - - - - - - - - - - - r O�pRYP(BROOKE BONNELL Notary Public , + * STATE OF TEXAS 9�ot t� Notary I.D. 134009525 My Comm. Exp, Oct. 11, 2026 Brooke Digitally signed by Brooke Bonnell Bonnell Date: 2023.09.18 12:22:18 05'00' Notary Public, State of Texas Assignment, Consent, and Amendment to CSC 47435 Page 9 of 13 Rev 04/2020 EXHIBIT A ORIGINAL AGREEMENT WITH ATTACHED EXHIBITS Assignment, Consent, and Amendment to CSC 47435 Page 10 of 12 Rev 04/2020 ------ .. .. --- .......... . ... ...y... w ......... .....,w.. ..... .. ... . ..�� Electronically Recorded by Tarrant County Clerk in Official Public Records kJ MARY LOUISE NICHOLSON COUNTY CLERK Date Received: 5/8/2023 Time Received: 12:21 p.m. Record Number: PN22-00011 City Secretary No.: 59349 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT 77ER 11 THIS AGREEMENT is made and entered into by and between THE CITY OF FORTWORTH, a home rule municipal corporation of Tarrant County, Texas ("City"), acting by and through its duly authorized City Manager, Assistant City Manager, or Director of the Development Services Department, and 7550 Oak Grove (Fort Worth) Owner, LLC, a(n) Delaware limited liability company ("Licensee"), acting by and through its duly authorized Vice President. RECITALS WHEREAS, Licensee is the owner of the real property located at 7550 Oak Grove Road, Fort Worth, Texas 76140 ("Property"), recorded in Deed Records, by Instrument Number D220061667, in Tarrant County, Texas being more particularly described in the attached Exhibit "A" which is incorporated herein for all purposes; and WHEREAS, the City owns a sanitary sewer easement (the "Public Property") adjacent to the Property as shown in the attached Exhibit "B," which is incorporated herein for all purposes, and as recorded in the plat records of Tarrant County as Instrument No. D223035734; and WHEREAS, Licensee desires to construct, place, and maintain certain improvements which will encroach in, on, above, or below the Public Property; and WHEREAS, to acconunodate the needs of the Licensee, the City will allow the encroachment under the terms and conditions as set forth in this Agreement. NOW, THEREFORE, the City and Licensee agree as follows: AGREEMENT 1. The City, in consideration of the payment by Licensee of the fee set out below and covenants and agreements hereinafter contained to be kept and performed by Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and occupy a portion of the City's Public Property as described in and at the location shown on Exhibit "C," but only to the extent shown thereon, for the purpose of constructing, installing, and maintaining a private water lines and storm lines (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within the Public Property. Licensee shall not expand or otherwise Tier I1 Easement Encroachment Agreement Page 1 of 13 Revised 11/2020 VLLGVVf Of L.V rayscof Lp cause the Encroachment to further infi•inge in or on the Public Property beyond what is specifically described in Exhibit "C." 2. All construction, installation, maintenance, and operation of the Encroachment and the use or occupancy of the Public Property shall comply with and be performed in strict compliance with this Agreement and with the charter, ordinances, codes, and policies of the City. Prior to the construction or installation of the Encroachment, Licensee shall submit all plans and specifications to the Director of the Development Services Department or duly authorized representative. Licensee shall not commence construction or installation of the Encroachment nor make any use of the Public Property until after the execution of this Agreement. 3. Licensee, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or future utilities affected by such Encroachment and the use and occupancy of the Public Property, including the securing the approval and consent of the appropriate utility companies and agencies of the State of Texas and its political subdivisions. In the event that any installation, reinstallation, relocation, or repair of any existing or future utility or improvements owned by or constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance, or existence of the Encroachment and use of Public Property, Licensee shall pay to City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department, or thew 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 fi•om 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 acceptable to the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department or their Tier II Easement Encroachment Agreement Page 2 of 13 Revised 11/2020 VLLJVI JI LV r- CA 9,U .1 v 1 'r %J 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 fi•om 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 for by this Agreement, Licensee agrees to pay to City at the time this Agreement is requested an application fee in the sum of Seven Hundred Dollars ($900.00). 7. The term of this Agreement shall be for thirty (30) years, con-unencing 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 fi•om 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. 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 conununication, drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not, that the parties agree to negotiate in good faith in order to accommodate both the Encroachment and the public purpose. Tier II Easement Encroachment Agreement Page 3 of 13 Revised 11/2020 V6GJV/Jf LV V ayc-r VI 6J 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 I'D" and incorporated herein for all purposes. Licensee agrees, binds, and obligates itself and its successors and assigns to maintain and keep in force such public liability insurance at all times during the term of this Agreement and until the removal of the Encroachment and restoration of the Public Property. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. Tier 11 Easement Encroachment Agreement Page 4 of 13 Revised 11/2020 VLLJVI JI AV rayc J v1 w 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 respondent superior shall not apply as between City and Licensee, its officers, agents, servants, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Licensee. 15. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain, and locate the Encroachment over or within the Public Property and is not a conveyance of any right, title, or interest in or to the Public Property, nor is it meant to convey any right to use or occupy property in which a third -party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. 16. In any action brought by the City for the enforcement of the obligations of the Licensee, City shall be entitled to recover interest and reasonable attorneys' fees. Tier II Easement Encroachment Agreement Page 5 of 13 Revised 11/2020 VGLVV I V I LLV rays V vI &.1 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 fi•om its duties and obligations hereunder upon City's approval in writing of such assignment, which approval shall not be unreasonably conditioned or withheld. Foreclosure by a secured lender of Licensee or assignment to a secured lender by Licensee in the event of default or otherwise shall not require City approval provided that said lender notifies City in writing within sixty (60) days of such foreclosure or assignment and assumes all of Licensee's rights and obligations hereunder. However, no change of ownership due to foreclosure or assignment to any secured lender of Licensee shall be effective as to City unless and until written notice of such foreclosure or assignment is provided to City. 19. Any cause of action for breach of this Agreement shall be brought in Tarrant County, Texas. This Agreement shall be governed by the laws of the State of Texas. 20. This Agreement shall be binding upon the parties hereto and their successors and assigns. 21. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument [SIGNATURES APPEAR ON FOLLOWING PAGE] City: Licensee: Tier II Easement Encroachment Agreement Page 6 of 13 Revised 11/2020 V&&VW1 JI LV rayc 1 v1 'Qa CITY OF FORT WORTH .r!0�_. By:DJ Harrell (May 2, 2023 10:15 CDT) D.J, Harrell, Director of the Development Services Department Date: May 2, 2023 LICENSEE 7500 Oak Grove Rd (Fort Worth) Owner, LLC a Delaware limited liability company by: CIM Urban Income Investments Holdings Parent, LLC a Delaware limited liability company its sole-gcwity member Name: Shaul K ,ba Title: Vice Press nt Date: ATTEST: Approved As To Form and Legality Jannette Goodall, Jeremy Anato-Mensah City Secretary Assistant City Attorney Date: May 8, 2023 Date: Apr 25, 2023 Contract Compliance Manager By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. RB19occa LXan8 Owen Rebecca Diane Owen (Apr 25, 2023 15:33 CDT) Rebeca Owen Development Services Date: Apr 25, 2023 Tier 11 Easement Encroachment Agreement Page 7 of 13 Revised 11/2020 VLLJV1 JI LV rays V V1 L.i CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On-t[pA,f 1 13 1 X23 before me, Patricia Gutierrez, Notary Public Date Here Insert Name and Title of the Officer personally appeared a6UJ- ,- , Name(sj of Signer(s) who proved to me on the basis of satisfactory evidence to be the personkB)"whose n ame(&),is/atesubscri bed to the within instrument and acknowledged to me that helghe/they executed the same in his/lawltheir- authorized capacity>s), and that by his/kerftlieir signature, Wbn the instrument the personkW, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY underthe laws of the State of California that the foregoing paragraph is true and correct. *my PATRICIAGUTIERREZ Notary Public • California Los Angeles County 4 ICommission N 2421038 Comm. Expires Oct 14, 2026 Place Notary Seal and/or Stamp Above WITNESS my hand and official seal. Signature Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Numberof Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: o Corporate Officer —Title(s): a Partner — ❑ Limited ❑ General o Individual o Attorney in Fact o Trustee o Guardian or Conservator o Other: Signer is Representing: ©2018 National Notary Association Signer's Name: o Corporate Officer—Title(s): o Partner — ❑ Limited ❑ General o Individual ci Attorney in Fact o Trustee o Guardian or Conservator o Other: Signer is Representing: VGGJVI JI GV VCIL,6 C/ VI GJ ,,, , �: i i�� I��l�'c►� a���":psi Y .i"1WJ��� o�i'o��� �� �1�.� °���i � : �� � � �;i a�i��.�"���.� �►� 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 lie executed the same for the purposes and consideration therein expressed, as the act and deed of the City of Fort Worth, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2nd day of May , 20 23 . WendL� Digitally signed by Y Wendy L. Beardslee B e a rd s l e e Date: 2023.05.02 16:51:57-05'00' 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�PRyP�e` WENDY L BEARDSLEE _ n Notary Public , STATE OF TEXAS Notary I.D. 13323719-3 ' FOFI My Comm. Exp, July 28, 2025 ' Tier II Easement Encroachinent Agreement Page 8 of 13 Revised 11/2020 VLGJV/ J! LV rayc IV vI ra STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of , on this day personally appeared Shaul Kuba, Vice ]'resident (Title) known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that lie or she executed the same for the purposes and consideration therein expressed, as the act and deed of 7500 Oak Grove Rd (Port Worth) Owner, LLC, a a Delaware limited liability company (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20 SEE ATTACHED Notary Public in and for the State of 'tier II Easement Encroachment Agreement Page 9 of 13 Revised 11/2020 VLLJV I V I LV vayc I I V1 LJ EXHIBIT A Legal Description of the Licensee's Property All of Lot 2R, block 7, CARTER INDUSTRIAL PARK, an Addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat thereof recorded under Instrument No. D213046190, Real Property Records, Tarrant County, Texas, Tier Il Easement Encroachment Agreement Page 10 of 13 Revised 11/2020 'LLI'IGRLI.R ' S w GPI to to -STRAT ❑ NJ R ❑ tvU P KWpY _ ALTA MESA ,� pR JHT�HLAND . z VA ER w� ksAIR SITE LOCATION' /HAL_J JOEL EE �SHE�FFIE ? G AFTONVE `� a yelpcn BELLVUE j w HALLBR OK ❑ �` �� I � y GEOR jAN N Z VICTO IAN I, 3 C3 CHATEIAU a uj COTILILION 1 m w g 2llrld F RANCISdAN� Park SY, A E w , Q z � ICHOOL 11. 'I `' •. JONN BURGUES � /RA Ojiz0-i C a t� CH L3 ❑ v j Q I'X: ANGELA 1BARR❑ 1' P11ckLL VAUG z N f,l a= �3 LOCATION MAP H 1 nn MAPSCO# 105 G $� =5 COUNCIL DISTRICT #8 aa JUNCTION 2035 FORT WORTH, TEXAS n MAY 2022 4 .�� Kimley1) Horn 801 Cherry Street, Unit 11 Suite 1300 Fort Worth. TX 76102 817-335-6511 TMca�„e maTe�m�Rega.ow.sVafi�„nu�a on.n2..,.,�ccm. nc. a&&VuI JI bV rayc I vI 6.1 EXHIBIT B Depiction of the Public Property Tier 11 Easement Encroachment Agreement Page 11 of 13 Revised 11/2020 -/GGJV r 171 GV rayc 1-r v1 c'P D223035734 03/06/2023 03:30 PM Page: 1 of 3 Fee: 572.00 Submitter. Frenchelle Manning Electronically Recorded by Tarrant County Clerk in Official Public Records MARY LOUISE NICHOLSON COVH COUNTY CLMK TARRANT COUNTY TAX OFMCE w: WENDY BURGESS �r 1001- Wrathcrford, Room toy • rod Worth. imas 76196-0301 •817•BS•1-1100 Tax Assessor -Collector taxolriccou WMn tcmmty,com In God We Trml TAX CERTIFICATE FOR ACCOUNT: 00041651472 AD NUMBER: 0535 7 2R CERTIFICATE NO: 92.250799 COLLECTING AGENCY WENDY BURGESS PO BOX 961018 FORT WORTH TX 76161-0018 75560AKOVE (FORT WORTH) OWNER LLC DATE: 2l1612023 PAGE 1 OF 1 FEE: $10.00 PROPERTY DESCRIPTION CARTER INDUSTRIAL PARK ADDN SL OCK7LOT2R 0007550 OAK GROVE RD 88.805 ACRES PROPERTY OWNER 7550 OAK GROVE (FORT WORTH) OWNER LLC PO BOX 131237 CARLSBAD CA 92013 PO BOX 131237 r:ARI RRAn r1A c7n'tz YEAR TAX UNIT AMOUNT OUE 2022 CITY OF FORT WORTH $0.00 2022 Tarrant County $0.00 2022 TARRANT REGIONAL WATER DIST. $0.00 2022 JPS HEALTH NETWORK $0.00 2022 TARRANT COUNTY COLLEGE $0.00 2022 FORT WORTH ISD $0.00 TOTAL S0.00 ISSUED TO: 7550 OAK GROVE (FORT WORTH) OWNER LLC ACCOUNT NUMBER: OOD41651472 TOTAL CERTIFIED TAX: $0.00 As Deputy Tax Assessor/Collector for Tarrant County , I do hereby certify pursuant to Texas Property Tax Code Section 31.08 that the delinquent taxes, penalties and attorney fees due for only the above described property are as listed below according to the current tax records. Additional taxes may become due on the described property, which are not reflected herein, if the said described property has or is receiving any special statutory valuations that may trigger tax rollback provisions and other changes to the appraisal roll made subsequent to the issuance of this certificate. This certificate applies to ad valorem taxes only and does not apply to any special assessment levies. CSd16b`� Deputy .+;r,:ir,,., pj— ,.C11 i•t;r�r ; r- r/r v - ..23035734 D sT . PART OF LOT 1. �LOCK1 PART -LOT I. BLOCKI LOT 7. BLOCJC7 L CLOSE INOUSTRIAL PARK CVCL ] 1C3. PG. 267) GLOBEINOUSTRIAL PARK CARTER INDUSTRI<L PARK (VOL 3MIM. PG. 267) (CAB. A SL 13w) \I ------_ 1, I I � emR>w.¢raA•r i i I11 rI I Y IT.�vu�•,q ui 2 1 wommn,wn.n 1j1 b rt. i I i I Ie � � � ( 1 J•59',5'S6' I s I.uv j l i l t•e6.9,' ) 'm J u]« saw I I I CB•5J0•JrSG'E I Aw.r ,... j a«F Am I ' ( c•u.6e I I R•55.W o I I 1 .•A.BT ,`d 1 C8SLT0'25',TE 1 I I II I CARTER INOUSrRIAL P l I I L^n.v�a�v.•�s�l III tiNsT.N0.02130101901 AWWAY L ,w1NmP«ar.wAn �I1 NO'MvriY J36.ST �� NO'J+E2V/ Jors.m I LOT 2R2 j 76.266SACRES I 3,322,170 SO. FT. 1 ( i ( 1 ( fm °M°R°v6 RD 1 � 1 vwlTvroRlroovmw I LLC (W.T.N°.DII]091CGrl mvrvlpf mFti-omer I I fim.ro,wi� � 11 II 11 11 !f f II w ..Page 2 of 3 i 1 1 $S I LOTI,BO CARTER INDUMSTRNL PARK (VOL ]66303. PG. 82) i I 1 b�= Il I g I i A.O_B. ' ccoPR L'mgor,eo-YTAR� R.,��..n I ...YOflELOPCDR00PPlNN �� p 5 ii III 1 �� pNCTILIL I •w,ro Inca( j Itk4 TAClE I�M� 5 ,>Ycartfa.xFx�.b n II rrmam� jl I I _ �� C I ly ! ( 11 I r. Iulw�Fa'e m l r..Az,f I •,a IIwI..rY«enl mm) I lw r.>e .•..I ,mm 1 •••,xuR Fsc er-fr iii�i cu.,L.r««auwmu I1 �E 1 BP 14N<p � I lu l�^•TMms) m I l• 1 wru�.vi) Ital•m'Imrwl xm I I w l R.Ne>.r I xm I � R[ouu¢P.R[uT[Oro II �101°� I I 1� TASK I� I S I APPI10m«ArEuwror f.LWl II 11 I 7 - $ I JI vF Ilblw.•oM w (Fn I Iw v I `w �I 1nm I _ �mXfM R000RNN wn b. •�• DA2R4AP°121.fflf. I I I OOL _ Oi p I w .tea- s l ,•,: I rJ, to72RJ 14.3643 ACRES 625,7D7 SCL FT. 11 �1 i 2F O Ki �� lu•I�-c•Nn I.«mI Iv F«frm<I ,. illrrPl111l � L c1sp � O ILi'I •.n•cr<I •arcI Iv1 ,mF,m1F n •.I II�II �1L-. u. •rmm< ..,: I Ivv r.re,m,. xm I TsmprRCRof6w II�1 1 y� p >•Id I w Iw _ ,mmv< wrmxv+ x.r I I _ Iw m i "fr I PORFAIaROOovNTA D I IIOTr ��, rva7. No. Oaoommn '^'•"-,yam d ----- �--------= I --- T� —'j•-- sl gu =�r Iw x-mm< I IQIRVE TAfI 'm ,w,Psmm±wwin j _eS ( JF) 1Q •w,ll eu.I I I�� illy? 1 1 F �� 1 3 Im J lu mw.•f 1,«.+I l_-. rd .� I m l c I SIN � I12� I 1 L I I � ,AwwN77vmru I O a+rr lug - I .. >xw wr-aw1• TY > r 1 Ill �.n 11 S 5 - Inel•-. 1 I mva+'1 ,ate I e.w •r I FArtrf a<+m.rWl 4_ rw.YocvfsnP¢on000PlAm - •jlj I)hA +1 I s$ j I as tlp a I mf <„I xa.:r - Imir-url,.m I m.Ff Svc . rur I .mlwc ar I m I I `•^f I e.+.ocwnv.r F>n•e I A.,j`F' .n I113�e1 c. al'ta9.�l �C ��P Z� g 3 .-_-- •uccax• -x-__- CSC-�c-6-u - -- m a¢C n 1 �`w•m�«vrRo«mvm --- SP3T2cE 65279' Fvw+.Vr�� ---__. Lk«-w,r.. w�l _. -_.,. _ _ _- _.- _ _ --._. e'nx l LOT 5.BLDCK7 I LOT I. BLOCK °Un7{ I LOT,. BLOO(T LOT 5. BLOCK �wsr .c z,vx.w 1 CARTER II�USTRNL PARK I I i i CARTER IN°IATRIAL PARK i Irl 1 I CARTER INDUM .I. PARK CARTER INOUSTRLAL PARK 3Z (CAB. A. Sl- ynl (CAB. A SL 53731 (D526 LST. NO. D219291) I i 1 1 l i l i OAST. N0. 0219252681) I I �! I Foal WORYI, FORT _ T WORTH a ! R CITY PLAN —AN COMMISSION �i^I > It VICINITY MAP C17Y OF FORT WORTH• TEXAS <r - < IL { r x.ra TNLt TLfvAIm CKYa RLTdRB[o wf:NW �c•p4 +' b g ° y. 6 l NWCTr lml b.Yi NT-R DArL OF NPROVK � LJ I, ruAoow«ay. (,yR.¢�•.._.. ���,• �k:cutclt� ¢ 1 g: -1 is (54 SITE - ' LAND USE I OAK GROVE ROAD NYARwetellmTn AioNrar.eurl j D LEGEND xmr+F'•t ..•.F. aw.4-.....x+na.w.-ex..uu J INSTRUMENT NO. GATE i 7 NI AI 1 it 51 Lt�;l I P = E '---------asasR,rr--- --- --""------- '1 - ------- « ._-__-__-___m -------------- ----------- LOT D. CARTER No"'TRIAL PM . Nxm,nm•n DN$T. NO. D219252091) C 1 1 i 1 a A I FPWn.W mFl 1�SY,II l „SY' FINAL PLAT 5 LOT 2R2 & 2R3, BLOCK 7 CARTER INDUSTRIAL PARK .Pa•e m««Pr.w.lmi««,.om1x BEING A REPLAT OF COT 2R, BLOCK T. CARTER , 2 Ax.m,o u Na .ammasaL a•w N.m, f+. foly « w N.N.«I Rme �, P— wP, rNm INDUSTRIAL PARK, AN ADDITION TO THE CITY OF FORT i R«.N:eae«r.«em�y. T...,.m omw,.vaA...A r.a«« ..v.YN.,•a..�Am.v.•P.e WORTH. TAFJWa COUNTY TEXAS. AS RECORDED IN 3 a nu r.arno wme «uw.wwlrm n.m,o md. nw. w..m .. ew+ae «.o.r uma �.a «..ex rAm.wm�,e•c. rol moeruvl o«P•wm«am lro PvaPm ow.•..nua Re. u«AemPo«ANC INST. N0. 02130461900E THE ; OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, p TEXAS & PART OF BLOCK 7. CARTER INDUSTRIAL PARK 5 AN ADDITION TO THE CITY OF FORT WORTH ? ACCORDING TO THE PLAT RECORDED IN VOL 388-31, PG. 52 OF THE PLAT RECORDS OF TARRANT COUNTY. TEXAS A.m««."I� „,JmOo.Gv.•PA P�AY,�IorM.u� rm.'+Kimlew)) Horn 5 m a«m s.-Luw n.sa+fm .,001wu«. ewb,.m a,.r7e...low,.. nm T•l w.m+nfu,t = F.AWAv.lx,maz 1•.uomlo w.re,Tm•ro,m RIMr,ote•ao A..A•x.TneN� Pn. ena5sm11 REF. CAS- m4li0tpIDnpY<r°4mI�yN-mne«n o0o NO. 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NrH. b.n.lxm a,t.YN Yer a. by era. wu. �wu,.ed,rbeHenb,aamo..b,..,„a,.pm,u....Yma.n,.,mw Nn.Fm. p,um.NnY��NH�*.. Y,a�m m .aN m4VgprMln,n'eW M have rAA Mt. va W H rmuFY, ,. Tls o-rvp WemHw.n...iaa..emo.r®Ge�a.a smm�a,cq R.,b c..N xa. aza.m m.am 2 MraTomq G.M'`T® Nm�oYn Aroa�'PYr•I EIIrxNKY Yevwn+v� YN Nr wawN abora nW va P'a}rt/� •mmn.# CwalW Hera tNnaWM•a hd amea�. Gn+enmur.Yr.N'anpionu�ie wa•m Ham m.Yo-,er..a ex „r.mw a,mrr,.. TH Dam nN.n.a wn„N erreW.ympr p.n d'�•N.,awta. GmvcTpz gNquwnM AreYoao.YY parry nbrE UY tt, wi,xm i VbMTb MIQ nTsssnen i•rTriG BY4pHr, RPS] nrn.Nmemarowyrnoamm corn ISm ONGowM (im vYrn)Owr. LLC •n0 NIYHa Ya•oea r AHoMGanmO Page 3 of 3 2 9 a zP: S a i 3 FINAL PLAT LOT 2R2 & 2R3, BLOCK 7 9 CARTER INDUSTRIAL PARK N BEING A REPLAT OF LOT ZR, BLOCK 7, CARTER INDUSTRIAL PARK AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY TEXAS, AS RECORDED IN INST. NO. D213046190 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, q TEXAS S PART OF BLOCK 7. CARTER INDUSTRIAL PARK e AN ADDITION TO THE CITY OF FORT WORTH ACCORDING TO THE PLAT RECORDED IN VOL 38631, 5 PG. 52 OF THE PLAT RECORDS _ OF TARRANT COUNTY, TEXAS a Kim!g* Horn i°nrrWG"'a.r.r .e"m.,R m m].eeo..eop REF. CASE 2% NO. FS-22-009 I wA I I M I mrxv]ma I m W I y VGLVVI JI L.V rayc II vI Ga EXHIBIT C Depiction and description of the Encroachment Tier 1I Easement Encroachment Agreement Page 12 of 13 Revised 11/2020 D m fs L JOEL EAST ROAD (A 60-FOOT WIDE RIGHT-OF-WAY) 15 SANITAR? SE-.r,'ER S,:SEMIENT TEXAS ELECTRIC SE-rz: PG 33-'j SERVICE COMPANY P =R sic= CF E��is-N.NG (VOL. 2911. PG. 367) 3. COL. 16. PG. — — — — — — — — — — — — ---- — — — F :!S7NG I pli B LIC LINE X TI 15.0'HORIZONTALSE ONI. 4T IIE )CROACHMENT1. PART OF ro LOT 2R, BLOCK 7 CARTER INDUSTRIAL PARK 0 (INST. NO. 02IW46190) PROPOSED 30' PUBLIC SEWER EASEMENT BY PLAT go m I E'i.-,R0.ACHIAE7:T V PROPOSED PRIVATE WATER ATER LINE I!III•11HIM:1 J*— PROPOSED PRIVATE WATER LINS PROPOSED PRIVATE STORM U NE Fi J_- 4, JUNCTION FORT WORTH, TEXAS MAY 2022 2035 GRAPHIC SCALE IN FEET 0 75 150 300 0-0;09 m COa M 0 M Z Pz' 8 0 C7 co 0 po 0) K i m lte, tyl, Horn 801 Cherry Street. Unit 11 Suite 1300 Fort Worth, TX76102 817-335-6511 State of Texas Registration No. F-928 LlVVI\VrAVI IIVILIV I 77- 1 d j u a _ _ 705 ------------- 705 700 700 695 - -_ __ - --- 695 PROPOSED - - GRADE 690 -- - 690 EXISTING 685 � � ,GRADE-- 685 ROPOSED PRIMATE (I 8" WATER LINE STA:0+40.t;8 ELEV:686.78 680 I °' - - - 680 fl, PROPOSED12" PUBLICSEWER LINE WMP=22-0)007 675 ----675 M BACKFIL L 670 - 670 0+00 1 +00 JUNCTION 2035 FORT WORTH, TEXAS MAY 2022 LIV VI\Vr'1V1 IIVILIV I 17-4- 705 -- ---- --- 705 700 _ __ - 700 EXISTING ' . GRADE --- 695.� - -- -- - 695 -- PROPOSED -_. - GRADE / 690 PKPOSED 8" -- 690 PRIVJ.TE Wii:TER LINE _ PROPOSED-1*8" - STA:4+0 ).20 PRIV,*.TESTORM-L-INE --_ -- PROPC SED 2'-PRIVAT-----—_ _ ___ ELEV:68 3.75 TERLINE - _ 685 685 ST ELEV:687.86 STf .:3+81,84 b ELM686-92 680 -- -- -- - -- --- -- 680 , T/x// 675 -- - -- 675 CL' �'M BACKFILL— PROPOSED 12" ------- PUE tIC-SEWER-LINE- ----- - - WM?-22-00007.,... 670 - ----- - -- 670 3+10 4+00 4+60 lCimleyl) Horn 801 Ch eny Street, Unit 11 Suit, 1300 FortWorts, TX 78102 817-335-6511 State of Texas Registration No, F-928 VLLJV! AI LV ravu &V V1 w LEGAL DESCRIPTION EASEMENT ENCROACHMENT BEING a 627 square foot (0.0144 acre) tract of land (TRACT 1) and a 1,601 square foot (0.0367 acre) tract of land (TRACT 2) situated in the J. Jennings Survey, Abstract No. 874, City of Fort Worth, Tarrant County, Texas; said tract being part of Lot 2R, Block 7, Carter Industrial Park, an addition to the City of Fort Worth, Texas according to the plat recorded in Instrument No. D213046190 of the Official Public Records, Tarrant County, Texas; said tract being more particularly described as follows: TRACT 1 COMMENCING at a 5/8-inch iron rod with cap stamped "JACOBS" found at the northeast corner of said Lot 2R; THENCE South 89028'58" West, along the north line of said Lot 2R, a distance of 568.98 feet to a point; from said point a 60D nail found at the northwest corner of said Lot 2R bears South 89°28'58" West, a distance of 744.27 feet; THENCE South 0031'02" East, departing the said north line of Lot 2R, a distance of 82.63 feet to the POINT OF BEGINNING; said point being in the east line of a proposed 30-foot wide sanitary sewer easement; THENCE South 60"31'02" East, along the said east line of the proposed 30-foot wide sanitary sewer easement, a distance of 16.61 feet to a point for corner; THENCE South 00031'02" East, continuing along the said east line of the proposed 30-foot wide sanitary sewer easement, a distance of 2.48 feet to a point for corner; THENCE South 89028'58" West, departing the said east line of the proposed 30-foot wide sanitary sewer easement, a distance of 55.71 feet to a point for corner in the west line of said proposed 30-foot wide sanitary sewer easement; THENCE North 60031'02" West, along the said west line of the proposed 30-foot wide sanitary sewer easement, a distance of 20.62 feet to a point for corner; THENCE North 89°01'26" East, departing the said west line of the proposed 30-foot wide sanitary sewer easement, a distance of 59.18 feet to the POINT OF BEGINNING and containing 627 square feet or 0.0144 acres of land, more or less. EASEMENT ENCROACHMENT PART OF LOT 2R, BLOCK 7 CATER INDUSTRIAL PARK J. JENNINGS SURVEY, ABST. NO. 874 CITY OF FORT WORTH TARRANT COUNTY, TEXAS K ev* imlHorn 601 Cherry Street, Unit 11, 111300 1 Tel. No. (017) 33"511 Fort Worth, Toxas 76102 FIRM 11 10194040 %wNi.klmley-horn.com -_- - Draym b Checked by Dalo Proiecl Non 1 et 3 PADILLA, CAELAN 6/9/2022 0:39 AM \\I<IMLEY-HORNITX_FMFTW SURVEY1061290104-LOT 2R BLOCK i CARTER IND ARK - REPL -RDWG1 Sheet No. _ e �Y N/A COP MCO 05/912022 06129D10 061290104-LOT 2R BLOCK 7 CART RIND VLLJVI JI LV ra9c 1. I vI c.V TRACT 2 COMMENCING at a 5/8-inch iron rod with cap stamped "JACOBS" found at the northeast corner of said Lot 2R; from said point a 60D nail found at the northwest corner of said Lot 213 bears South 89e28'58" West, a distance of 1,313.25 feet; THENCE South 0031'24" East, along the east line of said Lot 2R, a distance of 397,34 feet to a point; THENCE South 89e28'36" West, a distance of 554.64 feet to the POINT OF BEGINNING; said point being in the east line of the proposed 30-foot wide sanitary sewer easement; THENCE South 00'31'02" East, along the said east line of the proposed 30-foot wide sanitary sewer easement, a distance of 53,35 feet to a point for corner; THENCE South 89e28'58" West, departing the said east line of the proposed 30-foot wide sanitary sewer easement, a distance of 30.00 feet to a point for corner in the west line of said proposed 30-foot wide sanitary sewer easement; THENCE North 00031'02" West, along the said west line of the proposed 30-foot wide sanitary sewer easement, a distance of 53.35 feet to a point for corner; THENCE North 89e28'58" East, departing the said west line of the proposed 30-foot wide sanitary sewer easement, a distance of 30,00 feet to the POINT OF BEGINNING and containing 1,601 square feet or 0.0367 acres of land, more or less. NOTES Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202). A metes & bounds description of even survey date herewith accompanies this survey plat. The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the encroachment tract. G �� ,�P� • OF "TFy MICH2C. INGSLEY REGISTERED PROFESSIONAL ... :........................ ...� LAND SURVEYOR NO 6558 MICHAEL CLEO BILLINGSLEY EASEMENT ENCROACHMENT PART OF LOT 2R, BLOCK 7 CATER INDUSTRIAL PARK J. JENNINGS SURVEY, ABST. NO, 874 CITY OF FORT WORTH TARRANT COUNTY, TEXAS 801 CHERRY STREET, """""""""" UNIT 11 SUITE 1300 •'•. 0 6558 FORT WORTH, TEXAS 76102 19,y o Kimlev)))Horn f E S S\') 1:) 801 Cherry Street, unit 11, It 130o 1 Tel. No. (817) 335-6511 Fort Worth, Texas 76102 FIRM 11 10194040 NwA%kimleyhorn.com PH. 817-335-6511 S U R v scale Protect No. PADILLA, CAELAN 619/2022 8:39 AM \\KIMLEY-HORN\TX_FT\MFTW SURVEY\061290104-LOT 2R ©LOCK CARTER IN (PARK - REPL1T\DWG10612�0104-LOT 2R LOCK 7" to Sheet No ` Inichael.billin sle @kimle horn.com g ylw y- NIA Drawn CDPb Ch � D bV 06/912022 06112901104CAR ER IND VLLVVI O/ LV rays LL VI LV TEXAS ELECTRIC 15' SANITARYSEWER EASEMENT �j 60-D NF SERVICE COMPANY I (VOL.5 78, PG 3 3) r ' O' C' �(C.M.) (VOL. 2911, PG. 367) LS ` I S89°28'58"W 1313.25 n — — — 744.27' — TI I I �I�" — 568.98' V 5/8"IRF _ _ _ _ _ .— — . l I ( I�—'02"E "JACo85" ----- — ---- _ }—I( i 82.63P.(c.M.) O.B. �1r� L1 PROPOSED — �51 \y� „ n 2 ND c�— (30' SANITARY SEWER EASEMENT L3 I °4 CO 7.5 EITHER SIDE OF EXISTING YQ C7 15' SS ESMT (VOL. 388-216, PG, 47) I Y Q to < 16 SANITARY SEWER EASEMENT — I TRACT 1 U E N O (VOL.3B8-216, PG. 47) I I EASEMENT O 1- N J U) O 15' SANITARY SEWER EASEMENT — U) --I M A N (VOL.5855, pG.524) I I ENCROACHMENT m: o o CO PROPOSED ( 0.0144 ACRES CO z O O co I 30' SANITARY I 627 .S. Q. FT. SEWER EASEMENT I 0 _ z w O W J I LINE TABLE J z LOT 2R, BLOCK 7 o c U NO, BEARING LENGTH I CARTER INDUSTRIAL PARK N v L1 S60°31'02"E 16,61' I I (INST. NO. D213046190) L2 S00°31'02"E 2.48' I i I 7550 OAK GROVE RD (FORT WORTH) OWNER LLC L3 S89'28'58"W 55.71' I i (INST. NO. D220061667) NORTH I L4 N60°31'02"W 20.62' I I P.O.B. L5 N89°01'26"E 59.18, ( L9 I S89°28'36"W 554.64' D >,0 100 L6 S00°31'02"E 53.35' — — — — — — YII �I'WV�VWVV00 co GRAPHIC SCALE IN FEET I L7 S89'28'58"W 30.00' L8 N00°31'02"W 53.35' TRACT 2 I i i7 EASEMENT LEGEND I L9 N89°28'58"E 30.00' L / ENCROACHMENT I P.O.B. = POINT OF BEGINNING 0.0367 ACRES IRF = IRON ROD FOUND 1,601 SQ. FT. C.M. = CONTROLLING MONUMENT NOTES Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202). A metes & bounds description of even survey date herewith accompanies this survey plat. The undersigned, Registered Professional Land Surveyor, hereby certifies that this plat of survey accurately sets out the metes and bounds of the encroachment tract. EASEMENT ENCROACHMENT PART OF LOT 2R, BLOCK 7 INDUSTRIAL PARK �CATER ° rF J. JENNINGS SURVEY, ABST. NO. 874 �MICHAEL CITY OF FORT WORTH C. BILLINGSLEY fir.:; •. � � REGISTERED PROFESSIONAL TARRANT COUNTY TEXAS LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY 801 CHERRY STREET, UNIT 11 SUITE 1300 6558 l':A' 0 �P ��FORT Kimlev*Horn WORTH TEXAS 76102 9 '••. E S S��.• O y� S � 801 Cherry Street, Uni111, /I 136oTot. No. (817) 335-6511 Fort Worth, Texas 76102 FIRM n 10104040 vnwr.klmloy-horn.com PH. 817-335-6511 michael.billingsley@kimley-horn.com U R 3I:a1a Drawnby Checked by Dale Pirated No. Shoo! No. V=100' I CDP I MCB 1 06/9/2022 1061290104 1 30F3 PADILLA, CAELAN 619/2022 8;39 AM \1 KIMLEY-IiORNITX FTNAFTW SURVEY10G1290104•LOT?.R BLOCK-( CARTER IND ARK- REPL T1DWG1061290104•LOT 211 OLOCK 7 CARTER IND U'r—Glowl of `v 1pe ID: FAEAAC36-05DE-4782-83F3-005F599265F8 rayc 'r.a v1 &.i FORT WORTH WATER DEPARTMENT PROJECT AUTHORIZATION TO: Director, Water Department Made by: Scott Lafferty FROM: Design Services Date: 5/3/2022 Project No. (office) S-2204-04 Water Proj. / City Project 100909 DOE/TPW # Description: Prop. 475 Lf. 12" Sewer Ext., 8" Service & 10" Service Location: 7550 Oak Grove Rd. (CIM Junction 2035) Lot: 2R3 Block 7 Addition: Carter Industrial Park Proiect Cost Estimate Summarv: Total Estimated Construction Cost: $ Engineering @ 10% $ Total Estimated Construction Cost: $ Construction Cost to Developer: $ 87,233.30 Plus Service Connections: $ - Total Cost to Developer: $ Total Cost to City: $ Financing: Developer (Y) Budget Account (N) Bond Fund (Y) New Construction (Y) Single Customer (Y) Adjustment (N) Replacement (N) Texas Department of Transportation Approval Required No Plans Approved by Texas Department of Transportation: Date: Remarks: Project requested by Matthew Stevens w/ Kimley Horn @ (281)723-1143 matthew.stevens(cDkimlev-horn.com 79,303.00 7,930.30 87,233,30 87,233.30 Approved By: (�Xh" ( Date: Lawrence Hamilton, P.E., Project Manager Customer Contacted by: Comments: Payment Received for: Mains Taps By: Date: Work Order 4 X-File # CISCO LID# alf.&IOVI ID: FAEAAC36-05DE-4782-83F3-005F599265F8 N -J. 'AWL, 1-inch 200 feet ri 0 tit, k 71 W., ,PROJECT LOCATION rclyc I.-r ul 1-j t 777. K� t t t t p en e, 'OPYRIGHT 2011 CITY OF FORT WORTH. UNAUTHORIZED REPRODUCTION IS A VIOLATION OF APPLICABLE LAWS. THIS PRODUCT IS FOR NFORMATIONAL PURPOSES AND MAY NOT HAVE BEEN PREPARED FOR OR BE SUITABLE FOR LEGAL, ENGINEERING, OR SURVEYING PURPOSES. T DOES NOT REPRESENT AN ON -THE -GROUND SURVEYAND REPRESENTS ONLY THEAPPROXIMATE RELATIVE LOCATION OF PROPERTY BOUNDARIE! 0 10 14 L STA. ­0 159.77 SM 0.0J)s - INSIALL sm. e STA. ­9 INSTALL STD. A' =1 Sr.- N- - -ft.l 1. -1' D� NJL / CON OUAX D'A. DROP 'u. N/ CONC. CIA. N.M. CONC. LLA. x - - - - - - .mmo- DECIN IS-sr� cti: ww COLLAR. INTERIOR O*lr ANGLE MCI �'02" //T\ ,LII NANHG� PROVIDE 5, - cum I C I T. I, SOMCE / e CAST �Mo�= . . . SQVTH. IWO-WAY QIJT 1'. 3� PROP 12- r S,O. e - — ----------------- SE xwO-wAy ax"OUT 3. --__________ ---- -- ------ - ------------ HO I SLWCR 7PROP. a SMICE TO THE X is 0—Ir �l NO -10;- T" -p f------ -T --- ---- - - X SNOWDEN RD. N N L -1 I.. I_I ; \ ..x an 1��t m��a .. �.. . gin. � ro SrWER SERMCES TO BE INSTALUBD - IN THIS AREA - NOTES- 1 . APPROXMATE NUMBER OF SANITARY I 1 2. COMnlACTOR SMALL PROTECT ALL EXISTING TREES. FENCES, REIAINING dIN ffmq;�mlrr - EHH', 690 1 1 11 1 1 590 WALLS, AND STRUCTURES. UNLESS Ill 17T I MERWISE Nolm. I I I 1 1 3. THIS DRAWING PREPARED BASED ON A COMPILATION OF EXISTING PLATS. AM STREET INFORMATION. I_) ( I I I I I I �jT I I ( �I PRDP; e 9eD . da es 4. DIMENSIONS SMALL PREVAIL OVER ANY STATIONING OR I I. I NORTHINGN/rNG IN CASE OF 0 SCREPA ES. wo t P9 0 1 0,IOP +T+ wto-. '*I W.04 !-,-I I rl 7 1 TIC P I or, =-,I I I MAP NO. 2054-352 MAPSCO NO. 105C crrr Ol' , RT TOR= . WATER DDEPARTMENT 6;v PROP- 475 IF. 12" SEWER EXT., 8" SERVICE & 10 SERVICE TO SERVE 7550 OAK GROVE RD. (CIM RMCT10N 2035) PLAN & PROFILE a moza wimm; nnzz S= 660 1 f M/m/m I or I 0+00 1 ol) 00 1, Is EXHIBIT B LEGAL DESCRIPTION OF ASSIGNEE PROPERTY TRACT 1 LOT 2R3, BLOCK 7 OF CARTER INDUSTRIAL PARK, A SUBDIVISION IN TARRANT COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN INST. NO. D223035734 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS, BEING A REPLAT OF LOT 2R BLOCK 7, CARTER INDUSTRIAL PARK, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, AS RECORDED IN INSTRUMENT NO. D213046190 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS & PART OF BLOCK 7, CARTER INDUSTRIAL PARK, AN ADDITION TO THE CITY OF FORT WORTH ACCORDING TO THE PLAT RECORDED IN VOL. 388-31, PG. 52 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS. Assignment, Consent, and Amendment to CSC 47435 Page 11 of 12 Rev 04/2020 EXHIBIT C, REVISED CERTIFICATE OF INSURANCE Assignment, Consent, and Amendment to CSC 47435 Page 12 of 12 Rev 04/2020