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HomeMy WebLinkAboutContract 60613Date Received: 12/15/2023 Time Received: 1:48 p.m. Record Number: PN23-00044 City Secretary No.: 60613 EASEMENT ENCROACHMENT LICENSE AGREEMENT Tier H THIS AGREEMENT is made and entered into by and between THE CITY OF FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"), acting by and through its duly authorized City Manager, its duly designated Assistant City Manager or Planning and Development Director, and FORT WORTH HOUSING FINANCE CORPORATION, a Texas public nonprofit housing finance corporation ("Fee Owner"), and TOBIAS PLACE, LP, a Texas limited partnership ("Ground Lessee"). RECITALS WHEREAS, Fee Owner is the owner of the real property located at 505 West Biddison Street, Fort Worth, Texas 76110 ("Property"), being more particular described as, Tract 1, Lot 13-R, Block 8, SOUTH FORT WORTH ADDITION, an Addition to the City of Fort Worth, Tarrant County, Texas, according to plat recorded in Volume 388- 184, Page 17 and Tract 2, Lot 1, Block 6-R, SOUTH FORT WORTH ADDITION, an Addition to the City of Fort Worth, Tarrant County, Texas, according to plat recorded in Volume 388-144, Page 30 ,as recorded in Deed Records, by Instrument Number D222248855, in Tarrant County, Texas, and; WHEREAS, the Fee Owner has granted a 99-year ground lease of the Property to the Ground Lessee; WHEREAS, the City owns a permanent drainage facility easement (the "Public Property") adjacent to the Property, recorded in the deed records of Tarrant County by instrument number D223181528; and WHEREAS, Ground Lessee desires to construct/place and maintain certain improvements which will encroach onto the Public Property; and WHEREAS, City will allow the encroachment under the terms and conditions as set forth in this Agreement to accommodate the needs of the Ground Lessee. NOW, THEREFORE, the City, Fee Owner and Ground Lessee agree as follows: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II Easement Encroachment Agreement Page 1 of 13 Revised 12/2022 4877-3659-2753.v1 AGREEMENT 1. City, in consideration of the payment by the Ground Lessee of the fee set out below in Section 4 and covenants and agreements hereinafter contained, to be kept and performed by Ground Lessee, hereby grants permission to Fee Owner and Ground Lessee to encroach upon and occupy a portion of the City's Easement for the purpose of constructing, installing, and maintaining a private water line (the "Encroachment") as described in and at the location shown on Exhibit "A" but only to the extent shown thereon. Upon completion of the Encroachment, Ground Lessee agrees to be responsible for maintaining the Encroachment within and above the Easement. Neither Fee Owner nor Ground Lessee shall expand or otherwise cause the Encroachment to further infringe in or on City's Easement beyond what is specifically described in the Exhibit(s) attached hereto. 2. All construction, installation, maintenance, and operation of the Encroachment and the use or occupancy of the Easement 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, Ground Lessee shall submit all plans and specifications to the Director of the Development Services Department or duly authorized representative. Ground Lessee 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. Ground Lessee, 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, Ground Lessee 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. Tier II Easement Encroachment Agreement Page 2 of 13 Revised 12/2022 4877-3659-2753.v1 4. Fee Owner and Ground Lessee agree that City may enter and utilize the Public Property at any time for any public purpose, including installing, repairing, replacing, or maintaining improvements to its public facilities or utilities necessary for the health, safety, and welfare of the public. The City shall have no responsibility or liability for any damages related to the Encroachment resulting from the City's use of the Public Property; however, the City shall make reasonable efforts to minimize such damage. Upon termination of this Agreement, Ground Lessee 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 Ground Lessee that if this Agreement terminates and Ground Lessee 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. Ground Lessee has applied for, and the City has certified the Property as part of a Neighborhood Empowerment Zone (NEZ) under Project Certification NZ22-00044 in NEZ Area Six. In accordance with the NEZ Basic Incentives and Tax Abatement Policy, which was approved by the Fort Worth City Council under M&C G-19467 on January 29, 2019, Licensee is eligible for a waiver of the Encroachment application fee and therefore, the application fee for this Agreement has been waived. 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 Fee Owner's or Ground Lessee's noncompliance with any of the terms of this Agreement. City shall notify Fee Owner or Ground Lessee in writing of any such noncompliance and if such noncompliance is not cured 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 Fee Owner or Ground Lessee has taken reasonable measures to cure the noncompliance or is continuing to diligently attempt to remedy the noncompliance. Tier II Easement Encroachment Agreement Page 3 of 13 Revised 12/2022 4877-3659-2753.v1 8. It is further understood and agreed between the parties hereto that the Public Property to be used and encroached upon is held by City as trustee for the public; that City exercises such powers over the Public Property as have been delegated to it by the Constitution of the State of Texas or by the Texas Legislature; and that City cannot contract away its duty and its legislative power to control the Public Property for the use and benefit of the public. It is accordingly agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the Public Property to be used for any other public purpose, including but not being limited to underground, surface, or overhead communication, drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not, that the parties agree to negotiate in good faith in order to accommodate both the Encroachment and the public purpose. 9. GROUND LESSEE 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 GROUND LESSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. GROUND LESSEE 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 GROUND LESSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES. 10. While this Agreement is in effect, Ground Lessee agrees to furnish City with a Certificate of Insurance naming City as certificate holder as proof that is has secured and Tier II Easement Encroachment Agreement Page 4 of 13 Revised 12/2022 4877-3659-2753.v1 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. Ground Lessee 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 Ground Lessee's contractors and subcontractors. 11. Ground Lessee 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. Ground Lessee 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. Ground Lessee 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. Ground Lessee 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 Ground Lessee shall have exclusive Tier II Easement Encroachment Agreement Page 5 of 13 Revised 12/2022 4877-3659-2753.v1 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 Ground Lessee, its officers, agents, servants, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Ground Lessee. 15. Fee Owner and Ground Lessee agree and acknowledge that this Agreement is solely for the purpose of permitting Fee Owner and Ground Lessee 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. Ground Lessee 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 Ground Lessee, 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. Fee Owner and Ground Lessee covenant and agree that it will not assign all or any of their respective 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 Fee Owner conveys the Property, Fee Owner may assign all of its rights and obligations under this Agreement to the new owner of the Property. In the event Ground Lessee conveys the leasehold estate to the Property, Ground Lessee may assign all of its rights and obligations under this Agreement to the new owner of the leasehold estate to the Property, and Ground Lessee 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 conditions or withheld. Foreclosure by a secured lender of Fee Owner or Ground Lessee or assignment to a secured lender by Fee Owner or Ground Lessee in the event of default or otherwise shall not require City Tier II Easement Encroachment Agreement Page 6 of 13 Revised 12/2022 4877-3659-2753.v1 approvalprovided that said lender notifies City in writing within sixty (60) days of such foreclosure or assignment and assumes all of Fee Owner's or Ground Lessee's rights and obligations hereunder. However, no change of ownership due to foreclosure or assignment to any secured lender of Fee Owner or Ground Lessee shall be effective as to City unless and until written notice of such foreclosure or assignment is provided to City. 19. Any cause of action for breach of this Agreement shall be brought in Tarrant County, Texas. This Agreement shall be governed by the laws of the State of Texas. 20. This Agreement shall be binding upon the parties hereto and their successors and assigns. 21. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument [SIGNATURES APPEAR ON FOLLOWING PAGE] Tier II Easement Encroachment Agreement 4877-3659-2753.v1 Page 7 of 13 Revised 12/2022 City: CITY OF FORT WORTH By: DJ Harrell (Dec 13, 2023 13:36 CST) D.J. Harrell, Director of the Development Services Department Date: Dec 13, 2023 q v4ggq� a � Fq►r> � ATTEST: �oo PVo °Sd ° % Pa 5a� abn�Xao 4 Jannette Goodall, City Secretary Date: Dec 15, 2023 Approved As To Form and Legality Jeremy Anato-Mensah Assistant City Attorney Date: 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. pebecca. Diole Owen Rebecca Diane owen (Dec 11, 2023 11:54 CST) Rebecca Owen Development Services Date: Dec 11, 2023 Tier II Easement Encroachment Agreement 4877-3659-2753.v1 Dec 11, 2023 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 8 of 13 Revised 12/2022 V_l!i 1• IIIJ 14LO II III''lIJ � OIIJ I'm1�.`LIJ .� 111 lIJ 1111 l�J Illly IlIJ►1 w'' 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 13th day of Dece mber , 2023 . WendL� Digitally signed by Y Wendy L. Beardslee _ Bea rd s I ee Date: 2023.12.13 o�PRY WENDY L BEARDSLEE 14:40:06-06'00' z q Notary Public • * STATE OF TEXAS Notary Public in and for the State of Texas 9�oF P My Comm. Notary I.D.D. 1 , 2025 - - July uly 28 After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 Tier II Easement Encroachment Agreement Page 9 of 13 Revised 12/2022 4877-3659-2753.v1 Fee Owner: Fort Worth Housing Finance Corporation a Texas public nonprofit housing finance corporation By: u Name: Victor T. Turner Title: Assistant General Manager Date:'' Q V --6t,- . ) a na.3 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of `ME44 s , on this day personally appeared Victor T. Turner, Assistant General Manager (Title) known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed, as the act and deed of Fort Worth Housing Finance Corporation, a Texas public nonprofit housing finance corporation (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this /5 day of N/ U" , 20 Notary Public in and for the a CELESTE MACKLIN State ofTE,r/t,9 Notary ID #132996882 My Commission Expires March 24, 2025 Tier II Easement Encroachment Agreement Page 10 of 13 Revised 12/2022 4877-3659-2753.v1 Ground Lessee: Tobias Place, LP a Texas Limited Partnership By: Tobias Place GP, LLC a Texas limited liability company, its general partner By: Fort Worth Housing Financing Corporation, a Texas public nonprofit_ hag fma_nce corporation, its manager - By: (/� Victor T. Turner, Assistant General Manager STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of —Tt-xI.I_s , on this day personally appeared Victor T. Turner, Assistant General Manager (Title) known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed, as the act and deed of Tobias Place, LP, a Texas limited partnership (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ISday of Agri/ , 20 a - ���� Notary Public in and for the F07ACELESTE MACKLIN State of T,� ; ry ID #132996882 ommission Expires March 24, 2025 Tier II Easement Encroachment Agreement Page I I of 13 Revised 12/2022 4877-3659-2753.v1 EXHIBIT A Depiction and description of the Encroachment Tier II Easement Encroachment Agreement 4877-3659-2753.v1 Page 12 of 13 Revised 12/2022 D223181528 10/06/2023 03:08 PM Page: 1 of 6 Fee: $39.00 Submitter: Andy Castillo Electronically Recorded by Tarrant County Clerk in Official Public Records MARY LOUISE NICHOLSON COUNTY CLERK CPN 104117 — Tobias Place Parcel 01 TAD Account: 4437306 Property Address: 505 W. Biddison St. THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT CITY OF FORT WORTH PERMANENT DRAINAGE FACILITY EASEMENT DATE: October 6, 2023 GRANTOR: FORT WORTH HOUSING FINANCE CORPORATION, a Texas public nonprofit housing finance coiporation GRANTOR'S MAILING ADDRESS (including County): 200 TEXAS STREET FORT WORTH, TARRANT COUNTY, TX 76102 GRANTEE: CITY OF FORT WORTH GRANTEE'S MAILING ADDRESS (including County): 200 TEXAS ST. FORT WORTH, TARRANT COUNTY, TX 76102 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. EASEMENT PROPERTY: Being more particularly described in the attached Exhibit "A" Grantor, for the consideration paid to Grantor and other good and valuable consideration, hereby grants, sells, and conveys to Grantee, its successors and assigns, an exclusive, perpetual easement for the construction, operation, maintenance, replacement, upgrade, and repair of a Permanent Drainage Facility (hereafter referred to as "Facility"). The Facility includes all incidental underground and aboveground attachments, equipment and appurtenances, including, but not limited to manholes, pipelines, junction boxes, inlets, flumes, headwalls, wingwalls, slope pavement, gabions, rock rip -rap, drop structures and access ramps, and other erosion control FORTIVORTII. DRAINAGE FACILITY EASEMENT Rev. 12/2/2021 D223181528 Page 2 of 6 measures in, upon, under and across a portion of the Easement Property and more fully described in Exhibit "A" attached hereto and incorporated herein for all pertinent purposes, together with the right and privilege at any and all times to enter the Easement Property, or any part thereof, for the purpose of constructing, operating, maintaining, replacing, upgrading, and repairing said Facility. In no event shall Grantor (I) use the Easement Property in any manner, which interferes in any material way or is inconsistent with the rights granted hereunder, or (II) erect or permit to be erected within the Easement Property a permanent structure or building, including, but not limited to, monument sign, pole sign, billboard, brick or masonry fences or walls or other structures that require a building permit, or any structure not requiring a building permit but which may threaten the structural integrity or capacity of the Facility and its appurtenances. Grantee shall be obligated to restore the surface of the Easement Property at Grantee's sole cost and expense, including the restoration of any sidewalks, driveways, or similar surface improvements located upon or adjacent to the Easement Property which may have been removed, relocated, altered, damaged, or destroyed as a result of the Grantee's use of the Easement Property granted hereunder provided, however, that Grantee shall not be obligated to restore or replace irrigation systems or other improvements installed in violation of the provisions and intended use of this Easement Property. This document may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions (e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via software such as Adobe Sign. TO HAVE AND TO HOLD the above -described Easement Property, together with all and singular the rights and appurtenances thereto in any way belonging unto Grantee, and Grantee's successors and assigns forever; and Grantor does hereby bind itself and its successors and assigns to warrant and forever defend all and singular the easement unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. When the context requires, singular nouns and pronouns include the plural. [SIGNATURES APPEAR ON THE FOLLOWING PAGES] FORT IVORT11. DRAINAGE FACILITY EASEMENT Rev.12/2/2021 D223181528 Page 3 of 6 GRANTOR; Fort Worth Housing Finance Corporation a Texas public nonprofit housing finance corporation, By: Victor T. Turner, Assistant General Manager ACKNOWLEDGMENT TIDE 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 Victor T. Turner, Assistant General Manager of the Fort Worth Housing Finance Corporation, known to me to be the same person whose name is subscribed to the foregoing instrument, and acluiowledged to me that the same was the act of Fort Worth Housing Finance Corporation, and that he/she executed the same as the act of said entities for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this Z day of ,20Z—:�> r)Ic- 7 Not ar P1 lic in and or ate of Texas VIRGINIA R. VILLALOBOS A . 1';.* n_ Notary Public, State of Texas 9•, +e; Comm. Expires 12-16-2026 Notary ID 134109141 four WORT11. DRAINAGE FACILITY EASEMENT Rev. 122/2021 D223181528 Page 4 of 6 GRANTEE: CITY OF FORT WORTH nAH4i Bu�A6uid f By: Dana Burgh doff (Octle20230g:.,000T) Dana Burghdoff Assistant City Manager APPROVED AS TO FORM AND I,EGAI ,ITY: By: 6 s . ' -`� Name: Thomas Hansen Assistant City Attorney 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. By. 5cb cca Ca- 0—n(Oct 5, 202308:10 COT) Rebecca Diane Owen Planning Manager ACKNOWLEDGEMENT THE 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 Dana Burghdoff, Assistant City Manager of the CITY OF FORT WORTH, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the CITY OF FORT WORTH and that she executed the same for the purposes and consideration therein expressed and, in the capacity, therein stated. GIVEN IJNDER MY HAND AND SEAL OF OFFICE this 6th day of October 20 23 Digitally signed by Brooke Bonnell r Brooke Bo n n e I I Date: 2023.10.06 13:33:59-05-00- o�PRY PUe�� B R OO K E B O N N E L L Notary Public in and for the State of TEXAS 2 Notary Public Y ,r * STATE OF TEXAS N9'FoFP� Notary I.D. 134009525 My Comm. EXP. Oct. 11, 2026 ' FORT%VoRTf , DRAINAGE FACILITY EASEMENT Rev. 12/2/2021 D223181528 Page 5 of 6 EXHIBIT "A" BEING a tract of land situated in the J. Asbury Survey, Abstract No. 10, and the E. Parris Survey, Abstract No. 1222, City of Fort Worth, Tarrant County, Texas, being part of Lot 1, Block 6—R, South Fort Worth Addition, an addition to the City of Fort Worth recorded in Volume 388144, Page 30, Deed Records, Tarrant County, Texas (DRTCT), with the subject tract being more particularly described as follows: BEGINNING at a point on the east line of Lot 1, also being on the west line of M.K.T. Railroad, a 100 foot right—of—way, THENCE S 01°53'22" W, 45.00 feet along the common line thereof to a point from which a 1 /2" iron rod with plastic cap found for a southeast corner of Lot 1, also being on the north line of Dickson Street, a variable width right—of—way, bears S 01 °53'22" W, 359.83 feet; THENCE N 88'06'46" W, 190.82 feet; THENCE N 00*25'38" W, 45.04 feet to a point from with a 1/2" iron rod with plastic cap found for a southeast corner of Lot 13—R, Block 8, South Fort Worth Addition, according to the plat recorded in Volume 388-184, Page 17 DRTCT, also being on the west line of Lot 1, also being the intersection of the north line of Butler Street, a 60 foot right—of—way and the east line of Jennings Avenue, a 60 foot right—of—way, bears N 03'54'39" W, 98.75 feet; THENCE S 88'06'46" E, 192.64 feet to the POINT OF BEGINNING with the subject tract containing 8,628 square feet or 0.198 acres of land. PAGE 1 OF 2 SPIARS1 DRAINAGE EASEMENT I SOUTH FORT WORTH ADDITION Drawn: Checked: Date Job No. CITY OF FORT WORTH DKB 18/24/231 21-193 TARRANT COUNTY, TEXAS .� �. - , .. ,:,- Ll OF �P �G S r �r) ©ARREN K. BROWN q 5252 i Q P�FESS\�� �O S J P'\J NARRLN K. BROWN. R.P.LS. 5252 D223181528 Page 6 of 6 III .1-v, 11 "'INN ell 1/ )IT, BUTLER 5T. 60' width ROW 1/2" CIRF (CM) 90 00 U-) -)-'UT- --CiFT T F) J 30' Multiple Pipeline Right —of —Way and Easement Doc. No. D211288865 OPRTCT S 88*06'46" E 192.64' N 88*06'46" W 190.82' DrainagT Easement 0.198 Ac. I (8,628 S. F). 0) M > M Z: U3 --Z > > M > Zl > > 7Z M Z C) 7Q "< M oM SPIARS I DRAINAGE EASEMENT I TOBIAS PLACE Drawn: Checked: Date Job No. CITY OF FORT WORTH 1B DKB 21-193 I8/24/23I TARRANT COUNTY, TEXAS 30 0 30 60 1 60' Basis of bearing: State Plane Coordinate System, North Texas Central Zone 4202, North American Datum of 1983. Adjustment Realization 2011. POINT OF BEGINNING O 7 7 Oq > C" LO n L- 7q C) > 2C'4 -SIN CN O . 100' PAGE 2 OF 2 OF 71 S T DARREN K. BROWN 5252 0 DARREN K. BROWN, R.P.L.S. 5252 O R T IIIIIIII I�+ll I o Nco I 100 0 100 200 CO 7:0 i i` 1" = 200' (D U) I I _ Basis of bearing: � o I -+� — _ State Plane Coordinate _ c-) N System, North Texas o I (D - Central Zone 4202, North _ — - American Datum of 1983. w o z I Adjustment Realization 2011. _ (DC,1 - CD T � = � O _ Z II _ ,�LQLL � .ti-wi I - . oV) CA I, _ D L 1 00 0 I ') f F= �W I o �o�'IIIIIII�II l�l 11 - Q CD 0 p � I CD Encroachment Encroachment 2, I _ f See Sheet? BUTLER ST. Encroachment 3, See Sheet #7 — - - f - IIII 60' Public Drainage Easement Doc. 4o D223196566 OPRTCT-- - Encroachment 1, See Sheet #3 �Iiz _- 30' Public Sewer Easement — - Doc. No D223196566 OPRTCT�- i 45' Public Drainage Easement - Doc. No. D2231 31r128 rn — — — PAGE 1 OF 10 ESPIARS EASEMENT ENCROACHMENT VICINITY MAP ENGINEERING & SURVEYING TOBIAS PLACE 76SQWWftat6SW0e100 • PIa1o.TX7Wn 972MT20D77 nNNa F2121 • TBIPSNo.F1000100 • wwwapMxng.®n Drawn: Checked: Date Job No. CITY OF FORT WORTH TB I DKB I6/30/23I 21-193 TARRANT COUNTY, TEXAS Drawing: G:\2021 JOBS\21-193 Opla Holdings — Hemphill Corridor Multifamily\O4D\21-193 Drainage Encroachment.dwg Saved By: Jfuller Save Time: 11/2/2023 3:51:39 PM Plotted by: jfuller Plot Date: 11/2/2023 3:54 PM METES & BOUNDS BEING a tract of land situated in the J. Asbury Survey, Abstract No. 10, City of Fort Worth, Tarrant County, Texas, being part of Lot 1, Block 6—R, South Fort Worth Addition, an addition to the City of Fort Worth recorded in Volume 388-144, Page 30, Deed Records, Tarrant County, Texas (DRTCT), with the subject tract being more particularly described as follows: BEGINNING at a point from which a 1 /2" capped iron rod found for an interior corner of Lot 1, Block 6—R, also being the southeast corner of Lot 1 1—R, Block 5, bears N 19`39'00" W, 587.70 feet; THENCE S 88°06'46" E, 3.00 feet; THENCE S 01 °53' 14" W, 45.00 feet; THENCE N 88°06'46" W, 3.00 feet to a point from which an aluminum monument found for the southwest corner of Lot 1, Block 6—R, bears S 23°42'46" W, 395.33 feet; THENCE N 01°53'14" E, 45.00 feet to the POINT OF BEGINNING with the subject tract containing 135 square feet or 0.003 acres of land. PAGE 2 OF 10 J�SPIARS EASEMENT ENCROACHMENT 1 ENGINEERING &SURVEYING SOUTH FORT WORTH ADDITION 7ssasexrtaa,wroeloo Plano,Tx750�5 snuzoon TMWF2121 • MMNM F-IM31M • wWW.PWl—gmm Drawn: Checked: Date Job No. CITY OF FORT WORTH TB I DKB I6/30/23I 21-193 TARRANT COUNTY, TEXAS Drawing: G:\2021 JOBS\21-193 Opla Holdings — Hemphill Corridor Multifamily\CPD\21-193 Drainage Encroachment.cl Saved By: Jfuller Save Time: 11/2/2023 3:51:39 PM OF rDARRENK. -37 BROWN q P �-��5252 SUV� DARREN K. BROWN, R.P.L.S. 5252 Plotted by: jfuller Plot Date: 11/2/2023 3:54 PM 0 R I L 0.10 ��A�ACf g 13 1 }, .;:: ; I J" i i I F 20 0 20 40 Sewer Easement MIME Private 18" Storm 1 40' 3196566 OPR—CT Private I i - 8 Water Basis of bearing: State Plane Coordinate M Private 42" Storm MEE y I I I I System, North Texas I Central Zone 4202, North American Datum of 1983* 0 p6' 2011. POINT OF �Adjustment Realization BEGINNING 24- Easement 5"S Encroachment 0.003 Ac. I I I S 88*06'46" 3.00' (135 S.F.) 21 im N 015314E 45.00 J.. ''" S 01 *53'1 W 45.00`0�__ > Public 2-1 0'x1 4'1I N 88*0 i'46" W 3.00' RCB 45' Drainage Esmt Doc. No. 223181528 OPRTCT FORT WORTH HOUSING FINANCE CORPORATION lk\ Doc. No. D222248855, OPRTCT MEE Lot 1, Block 6—R Private 24" Storm ow, SOUTH FORT WORTH ADDITION, ol. 388-144, Page 30 DRTCT II10, 3MEE MEM MEN OF T LEGEND P s T eR1� + PROPOSED DRAINAGE EASEMENT PROPERTY LINE PAGE 3 OF 10 SPIARS EASEMENT ENCROACHMENT I ENGINEERING & SURVEYING MQWWftrl - l`lW&1X7Wn - 97ZAn= TOBIAS PLACE nNNall - MMNO.MOM100 - ­PWMW%� Drawn: Checked: Date Job No. CITY OF FORT WORTH I6/30/23I TB I DKB 21-193 TARRANT COUNTY, TEXAS Drawing: G:\2021 JOBS\21-193 0jola Holdings Hemphill Corridor Adtil­193 Drainage Encroachment.dwc; Smed By: Jfuller Save Tme: 11/2/2023 3:51:39 PM rDA4RREN K. BROW ��5252 Q,- �o' 0 S U V�� F_ DARREN K. BROWN, R.P.L.S. 5252 Plotted by: jfuller Plot Date: 11/2/2023 3:54 PM 675 670 665 ..1 655 650 Prop. Ground 45' Public at CL of Pipe F Drninage Esm.t Ex. Ground at rCL of Pipe 675 --------------- — -------- ------------- 8 O I 8' PVC 0a 30.00XJ LFL Public 9-10'x14' RCB=660.19 r Steel Casing / aer COFW D106 C C9 LO si II II II I c s a e M M M 0+00 1 +00 P ri vci to 8'' Wci ter 1 "=40': H 1 "=4': V PAGE 4 OF 10 J�SPIARS EASEMENT ENCROACHMENT 1 ENGINEERING & SURVEYING TOBIAS PLACE 765QWWftr4SUI0e100 • PIAMOXMn • srz,n= nNNall • MMNo.MOM100 • wW- PWMW%.®11 Drawn: Checked: Date Job No. CITY OF FORT WORTH TB I DKB I6/30/23I 21-193 TARRANT COUNTY, TEXAS Dmwing: G:\2021 JOBS\21-193 Ojala Holdings — Hemphill Corridor Multifamily\C4D\21-193 Drainage Encroachment.dwg Swed By: Jfuller Save Tme: 11/2/2023 3:51:39 PM e 665 655 650 1 +50 Plotted by: jfuller Plot Date: 11/2/2023 3:54 PM METES & BOUNDS BEING a tract of land situated in the J. Asbury Survey, Abstract No. 10, City of Fort Worth, Tarrant County, Texas, being part of Lot 13—R, Block 8, South Fort Worth Addition, an addition to the City of Fort Worth recorded in Volume 388-184, Page 17, Deed Records, Tarrant County, Texas (DRTCT), with the subject tract being more particularly described as follows: BEGINNING at a point from which a 1 /2" capped iron rod found for an interior corner of Lot 1, Block 6—R, also being the southeast corner of Lot 1 1—R, Block 5, bears N 10`22'45" E, 427.58 feet; THENCE S 00°25'38" E, 30.00 feet; THENCE S 89"34'22" W, 81.50 feet to a point from which a 1/2" capped iron rod found for a southwest corner of Lot 13—R, Block 8, bears S 89°34'22" W, 8.33 feet; THENCE N 00°25'38" W, 30.00 feet; THENCE N 89°34'22" E, 81.50 feet to the POINT OF BEGINNING with the subject tract containing 2,445 square feet or 0.056 acres of land. PAGE 5 OF 10 J�SPIARS EASEMENT ENCROACHMENT 2 ENGINEERING &SURVEYING SOUTH FORT WORTH ADDITION 7�asexrtad,wroeloo wno,Tx7so�s mzuzoon TMNOF-2121 • MMNMF-IM3100 • wWW.PWl—gmm Drawn: Checked: Date Job No. CITY OF FORT WORTH TB I DKB I6/30/23I 21-193 TARRANT COUNTY, TEXAS Drawing: G:\2021 JOBS\21-193 Opla Holdings - Hemphill Corridor Multifamily\CPD\21-193 Drainage Encroachment.cl Saved By: Jfuller Save Time: 11/2/2023 3:51:39 PM OF P��sreRTF-f- �n DARREN K. BROWN q 525ESS2Op S U Rv! DARREN K. BROWN, R.P.L.S. 5252 Plotted by: jfuller Plot Date: 11/2/2023 3:54 PM METES & BOUNDS BEING a tract of land situated in the J. Asbury Survey, Abstract No. 10, City of Fort Worth, Tarrant County, Texas, being part of Lot 13—R, Block 8, South Fort Worth Addition, an addition to the City of Fort Worth recorded in Volume 388-184, Page 17, Deed Records, Tarrant County, Texas (DRTCT), with the subject tract being more particularly described as follows: BEGINNING at a point from which a 1 /2" capped iron rod found for an interior corner of Lot 1, Block 6—R, also being the southeast corner of Lot 1 1—R, Block 5, bears N 01 ° 12' 14" W, 420.04 feet; THENCE S 00°25'38" E, 30.00 feet; THENCE S 89°34'22" W, 21.00 feet to a point from which a 1 /2" capped iron rod found for the southwest corner of Lot 13—R, Block 8, bears S 89°34'22" W, 154.69 feet; THENCE N 00°25'38" W, 30.00 feet THENCE N 89°34'22" E, 21.00 feet to the POINT OF BEGINNING with the subject tract containing 630 square feet or 0.014 acres of land. PAGE 6 OF 10 J�SPIARS EASEMENT ENCROACHMENT 3 ENGINEERING & SURVEYING SOUTH FORT WORTH ADDITION mamernoaa,suroeloo pw,wTxTsms sT2.uxoon TMNOF2121 • MILKNu.MOM100 •—Jplirm% n Drawn: Checked: Date Jab No. CITY OF FORT WORTH TB I DKB I6/30/23I 21-193 TARRANT COUNTY, TEXAS Drawing: G:\2021 JOBS\21-193 Opla Holdings — Hemphill Corridor Multifamily\O4D\21-193 Drainage Encroachment.dwg Saved By: Jfuller Save Time: 11/2/2023 3:51:39 PM DARREN K. BROWN, R.P.L.S. 5252 Plotted by: jfuller Plot Date: 11/2/2023 3:54 PM ZE tz Y �� �'•;.; .:.•'�; -' Lot 13-R, Block 8 ' SOUTH FORT WORTH ADDITION II A•' Vol. 388-184, Pg. 17 DRTCT D '''• , :.r : I II 20 0 20 40 it FORT WORTH HOU5ING I ;I 1" = 40' FINANCE CORPORATION I , I Basis of bearing: • _ ; '" • ''' ,. `'' I State Plane Coordinate Doc. No. D222248855, OPRTCT • i '': I System, North Texas �•'�'• Private 6" Sewer j Central Zone 4202 North •. -, ` Prop. 40' Private I American Datum of 1983. P ;' ; •'•::� .;';'�' ' ` • -' "• p• I I Adjustment Realization • : " ' ; •::;..:. Drainage Easement it 2011. � •,''»" ,•.' .r• :►- • (By Plat) I I I P.O.B. Line 'C'�. III / L i— L L6 I _ �� " Encroachment 2 o Private :.'•.:�.... Private z 8 Water • • Private . Line 'D' `" .� 7'x12' RCB I Easement :.: ,;: 2-10'x6' RCB �, \ �— ]Encraachffnent 2 _ N o Private i �� i;,. �--1- -i ;v 8'x12' RCB - P.O.B. (2,445 S.F.) :• .,��'v ; �• , .'; ..: z Zo Encroachment 3 1 N 8934'22" E 21.00' I , Easement Private •• "� 3-10'x6' RCB 'N 89'34'22" E. I i I I I i Encroachment 81.50'0.014Ac. s �� \� j N 00'25'38" W I' (630S.F.) N 00.25'38' W 30.00' V I I 1 30.00' �� S 00.25'38" E S 89.34'22" W �� �� -L� S 00'25'38" E- /I / 11 3).00' 8.33' �- �- �� \ - I h �., .. \� ,.,. 30.00 ma, y T� �: :..:. a� �89'34 22' W 1• _ :' J �S 89'34 22 W S 89'34'22" W N 154.69' :. 1 22 CIRF 81.50's.. 21.00' - ,Line 'E' ..� • • ::l J ®®® `.. .. 30' Public Sewer Easement 1 I 60' Public Drainage Easements "' Doc. No D223196566-OPRTCT ST. •.. BUTLER 5T.- :� o _ Doc. No D223196566 OPRTCT ;•.�.: 1. S 89'34'22" W LEGEND PROPOSED SEWER EASEMENT PROPERTY LINE I, PAGE 7 OF 10 J�SPIARSEASEMENT ENCROACHMENTS 2-3 ENGINEERING & SURVEYING TOBIAS PLACE M0JAWftr0,SUft100 • M4a%1X75075 972MT20Q77 1BPENa F2121 • TKKNo.F1000100 • wwwaploxng.®n Drawn: I Checked: I Date I Job No. CITY OF FORT WORTH rDARRE OF 5 rN K. BROWN q 5252 P � <'9 �c'rESS��� O SUV�F. TB I DKB I6/30/23I 21-193 TARRANT COUNTY, TEXAS Drawing: G:\2021 JOBS\21-193 Opla Holdings — Hemphill Corridor Multifamily\CAD\21-193 Drainage Encroachment.dwg Swed By: Jfuller Save Tme: 11/2/2023 3:51:39 PM DARREN K. BROWN, R.P.L.S. 5252 Plotted by: jfuller Plot Date: 11/2/2023 3:54 PM 685 .:1 A 655 650 30' Sewer Esmt. a� +� +� — J -- ; _ O CC --o[ 0: cC o y N OR I a> Cl) Q O 3 O 3 U m U Li MLA-- \ 100 — Yr3 �' 1 )0 — Y[s tw�lw I = 75 63 YSE�6I5S3 R-oposed Ground ®— . (,L Pipe / Retainiq ; fcrlJriM — 9 Wall Wall 2-10'x6' KCB On 0.357o/ 4" 3000 psi i. ravemeni / W//3 024'—l' C.EW. On 6' jj0'x6' Compacted Q = 209.&. cfs 0+ 5.00 t12' SS FL: 658.41 �)e: �)neet b r N v I CO rrj I �`fi •� N o C-4 I � J 685 675 670 665 o 655 650 0+00 1 +00 Storm Line ' D' PAGE 8 OF 10 J�SPIARS EASEMENT ENCROACHMENT 2 ENGINEERING & SURVEYING TOBIAS PLACE nWENor-2121 • MLMNo.F10043100 • wwwaploxng.® I Drawn: Checked: Date Job No. CITY OF FORT WORTH TB I DKB I6/30/23I 21-193 TARRANT COUNTY, TEXAS Drawing: G:\2021 JOBS\21-193 Opla Holdings — Hemphill Corridor Multifamily\O4D\21-193 Drainage Encroachment.dwg Saved By: Jfuller Save Time: 11/2/2023 3:51:39 PM Plotted by: jfuller Plot Date: 11/2/2023 3:55 PM 685 30' Sewer Esmt. w o 0 (1) °r m °r —_► —_LU Of of 3 rn x ID 3 �Q 680 m c a 0 . . Qi K1 %..0 rA A= V) rA s + O N + O - C O U 3 m O U 3 LlJ 190 — Y1[3 No y 675 L�— i NSE63— * � 563 ESLL-1,y iround Qj CL Pipe I 670 T � J Retainir ! �- Ketammg e 3000 psi Wall l Wag 665 C in. Pavement I N.E.W. On 6' � I Compacted i auograae % Y 3-10'x6' RCB On 0.28X---' F & — L%Ix 660 Vmm= 11. Jfps fn+1F 9, 12" ;S FL=►5838 655 See Chet E CID in to 0 N 650 0+00 Storm Line 685 675 670 665 ..1 655 650 0+75 ' E' PAGE 9 OF 10 J�SPIARS EASEMENT ENCROACHMENT 2 ENGINEERING & SURVEYING TOBIAS PLACE 765OMWft.t6AG0e100 • PW0,1X7Wn • 5T2.A22W" TBPENDF2121 - MILKNu.MOM100 •—Ploxng.®n Drawn: Checked: Date Job No. CITY OF FORT WORTH TB I DKB I6/30/23I 21-193 TARRANT COUNTY, TEXAS Drawing: G:\2021 JOBS\21-193 Opla Holdings — Hemphill Corridor Multifamily\O4D\21-193 Drainage Encroachment.dwg Saved By: Jfuller Save Time: 11/2/2023 3:51:39 PM Plotted by: jfuller Plot Date: 11/2/2023 3:55 PM 685 �a U N N'"i v ni I � X J N Nl[) c S 680 3 U PropPose, I %� O T a �rolJhaIN O oy •u 116E �+ +� c.� — - \ T 675 i 1 0_ Y a - I M t'wer r—tVSE �� 10116/1. Existing Ground J i J D-66-Pigs 670 1 1-8'x1p & 1-7'x12' RCB On 0.18% Wall 665 Njt C . Pavem�t W/#3 024! — O-1E.W. On 6- -Compacted TA Subgrade 660 8 x12, RCB Q=291.13cfs V — 1.77 fps 0 —15.00 �s12 RCB 1 » SS Q=1w.'/A 4.35 fpc 655 I F=657.47 e SheEt 6 CV CV 650 u- u- 0+00 1 +00 2+00 Storm Line ' C' PAGE 10 OF 10 J�SPIARS EASEMENT ENCROACHMENT 3 ENGINEERING & SURVEYING 572TOBIAS PLACE 76 0AtWftr4&ft100 • PIMMIX75075 AMAM TMNa F2121 • MLMNa.F1000100 • wWW.l,I .®11 Drawn: Checked: Date Job No. CITY OF FORT WORTH TB I DKB I6/30/23I 21-193 TARRANT COUNTY, TEXAS Drawing: G:\2021 JOBS\21-193 Opla Holdings — Hemphill Corridor Multifamily\O4D\21-193 Drainage Encroachment.dwg Saved By: Jfuller Save Time: 11/2/2023 3:51:39 PM Plotted by: jfuller Plot Date: 11/2/2023 3:55 PM EXHIBIT B Certificate of Insurance Tier II Easement Encroachment Agreement 4877-3659-2753.v1 Page 13 of 13 Revised 12/2022