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HomeMy WebLinkAboutContract 61060Date Received: 3/7/2024 Time Received: 2:28 p.m. Record Number: PN23-00176 City Secretary No.: 61060 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER 11 THIS AGREEMENT is made and entered into by and between THE CITY OF FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"), acting by and through its duly authorized City Manager, Assistant City Manager, or Director of the Development Services Department, and LPZ Carriers, LLC, a(n) Texas limited liability company ("Licensee"), acting by and through its duly authorized manager. RECITALS WHEREAS, Licensee is the owner of the real property located at 5513 Everman Road, Fort Worth, Texas 76140 ("Property"), being more particular described as, being a tract of land situated in the Shelby County School Land Survey, Abstract No.1375, City of Fort Worth, Tarrant County, Texas, being those same tracts of land conveyed to Jose Avelar described as Tract No. 2 by Constable's Deed recorded in Instrument No. D214036743, Official Public Records, Tarrant County Texas, as previously described as Tract One by Warranty Deed with Vendor's Lien to Henry Adams and Carol Davis, filed September 30, 1992, recorded in Volume 10862, Page 1522, Deed Records, Tarrant County, Texas as recorded in Deed Records, by Instrument Number D222045038, in Tarrant County, Texas, and; WHEREAS, the City owns a sanitary sewer (the "Public Property") adjacent to the Property, recorded in the deed records of Tarrant County by instrument number D212062241; and WHEREAS, Licensee desires to construct, place, and maintain certain improvements which will encroach in, on, above, or below the Public Property; and WHEREAS, to accommodate the needs of the Licensee, the City will allow the encroachment under the terms and conditions as set forth in this Agreement. NOW, THEREFORE, the City and Licensee agree as follows: AGREEMENT 1. The City, in consideration of the payment by Licensee of the fee set out below and covenants and agreements hereinafter contained to be kept and performed by Tier 11 Easement Encroachment Agreement Page 1 of l 1 Revised 12/2022 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and occupy a portion of the City's Public Property as described in and at the location shown on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing, installing, and maintaining chain link fences (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within the Public Property. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on the Public Property beyond what is specifically described in Exhibit "A." 2. All construction, installation, maintenance, and operation of the Encroachment and the use or occupancy of the Public Property shall comply with and be performed in strict compliance with this Agreement and with the charter, ordinances, codes, and policies of the City. Prior to the construction or installation of the Encroachment, Licensee shall submit all plans and specifications to the Director of the Development Services Department or duly authorized representative. Licensee shall not commence construction or installation of the Encroachment nor make any use of the Public Property until after the execution of this Agreement. 3. Licensee, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or future utilities affected by such Encroachment and the use and occupancy of the Public Property, including the securing the approval and consent of the appropriate utility companies and agencies of the State of Texas and its political subdivisions. In the event that any installation, reinstallation, relocation, or repair of any existing or future utility or improvements owned by or constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance, or existence of the Encroachment and use of Public Property, Licensee shall pay to City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department, or their duly authorized representative. 4. Licensee agrees that City may enter and utilize the Public Property at any time for any public purpose, including installing, repairing, replacing, or maintaining improvements to its public facilities or utilities necessary for the health, safety, and welfare of the public. The City shall have no responsibility or liability for any damages related to the Encroachment resulting from the City's use of the Public Property; however, the City shall make reasonable efforts to minimize such damage. Tier 11 Easement Encroachment Agreement Page 2 of 11 Revised 12/2022 5. Upon termination of this Agreement, Licensee shall, at the option of and at no expense to the City, remove the Encroachment and restore the Public Property to a condition acceptable to the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department or their duly authorized representative. Any such removal of the Encroachment shall be in accordance with then -existing City regulations and policies. It is understood and agreed to by Licensee that if this Agreement terminates and Licensee fails to remove the Encroachment and restore the Public Property, Licensee hereby gives City permission to remove the Encroachment and any supporting structures from the Public Property, to restore the Public Property, and to assess a lien on the Property for the costs expended by the City in taking such actions. 6. In order to defray all costs of inspection and supervision which the City has incurred or will incur as a result of the construction, maintenance, inspection or management of the Encroachment and use of Public Property as provided for by this Agreement, Licensee agrees to pay to City at the time this Agreement is requested an application fee in the sum of Nine Hundred Dollars ($900.00). 7. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by City. However, the City may terminate this Agreement upon Licensee's noncompliance with any of the terms of this Agreement. City shall notify Licensee in writing of any such noncompliance and if Licensee does not cure the noncompliance within thirty (30) days of notice from City, the City may terminate this Agreement. However, the City may, at its sole option, allow the Agreement to remain in effect so long as Licensee has taken reasonable measures to cure the noncompliance or is continuing to diligently attempt to remedy the noncompliance. 8. It is further understood and agreed between the parties hereto that the Public Property to be used and encroached upon is held by City as trustee for the public; that City exercises such powers over the Public Property as have been delegated to it by the Constitution of the State of Texas or by the Texas Legislature; and that City cannot contract away its duty and its legislative power to control the Public Property for the use and benefit of the public. It is accordingly agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the Public Property to be used for any other public purpose, including but not being limited to underground, surface, or overhead communication, drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public purpose, whether Tier 11 Easement Encroachment Agreement Page 3 of l 1 Revised 12/2022 presently contemplated or not, that the parties agree to negotiate in good faith in order to accommodate both the Encroachment and the public purpose. 9. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES. 10. While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance naming City as certificate holder as proof that is has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and described in Exhibit "A." The amounts of such insurance shall be not less than $1,000,000 with the understanding and agreement by Licensee that such insurance amounts may be revised upward at City's option and that Licensee shall so revise such amounts immediately following notice to Licensee of such requirement. Such insurance policy shall not be canceled or amended without at least thirty (30) days prior written notice to the Building Official of the City. A copy of such Certificate of Insurance is attached as Exhibit "B" and incorporated herein for all purposes. Licensee agrees, binds, and obligates itself and its successors and assigns to maintain and keep in force such public liability insurance at all times during the term of this Agreement and until the removal of Tier 11 Easement Encroachment Agreement Page 4 of 11 Revised 12/2022 the Encroachment and restoration of the Public Property. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. it. Licensee agrees to deposit with the City when this Agreement is executed a sufficient sum of money to be used to pay necessary fees to record this Agreement in the real property records of the county in which the Encroachment is located. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. 12. Licensee agrees to comply fully with all applicable federal, state, and local laws, statutes, ordinances, codes, and regulations in connection with the construction, operation, and maintenance of the Encroachment and use of the Public Property. 13. Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for by this Agreement or by any federal, state, or local statute, law, or regulation. 14. Licensee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant, or employee of City, and Licensee shall have exclusive control of and the exclusive right to control the details of its operations, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. The doctrine of respondeat superior shall not apply as between City and Licensee, its officers, agents, servants, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Licensee. 15. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain, and locate the Encroachment over or within the Public Property and is not a conveyance of any right, title, or interest in or to the Public Property, nor is it meant to convey any right to use or occupy property in which a third -party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. 16. In any action brought by the City for the enforcement of the obligations of the Licensee, City shall be entitled to recover interest and reasonable attorneys' fees. Tier 1I Easement Encroachment Agreement Page 5 of 11 Revised 12/2022 17. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. 18. Licensee covenants and agrees that it will not assign all or any of its rights, privileges, or duties under this Agreement without the written approval of the City, and any attempted assignment without such written approval shall be void. In the event Licensee conveys the Property, Licensee may assign all of its rights and obligations under this Agreement to the new owner of the Property, and Licensee shall be deemed released from its duties and obligations hereunder upon City's approval in writing of such assignment, which approval shall not be unreasonably conditioned or withheld. Foreclosure by a secured lender of Licensee or assignment to a secured lender by Licensee in the event of default or otherwise shall not require City approval provided that said lender notifies City in writing within sixty (60) days of such foreclosure or assignment and assumes all of Licensee's rights and obligations hereunder. However, no change of ownership due to foreclosure or assignment to any secured lender of Licensee shall be effective as to City unless and until written notice of such foreclosure or assignment is provided to City. 19. Any cause of action for breach of this Agreement shall be brought in Tarrant County, Texas. This Agreement shall be governed by the laws of the State of Texas. 20. This Agreement shall be binding upon the parties hereto and their successors and assigns. 21. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument [SIGNATURES APPEAR ON FOLLOWING PAGE[ Tier II Easement Encroachment Agreement Page 6 of 11 Revised 12/2022 City: CITY OF FORT WORTH By: Dalton Harrell (Mar 7, 2024 08:17 CST) D.J. Harrell, Director of the Development Services Department Date: Mar 7, 2024 ATTEST: U � s Jannette Goodall, City Secretary Mar 7, 2024 Date: �.p44U�n� �,f.�°° FORtoo 46 dv% °=op Paa o o * �d �, A f�ASgaa Licensee: LPZ Carriers LLC a Texas limited liability company By: Name: m Lopez Title: Manager Date: 4 .YC) ` a. b 1-�-1 Approved As To Form and Legality Jeremy Anato Mensah Assistant City Attorney Date: Mar 6, 2024 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. 1AX Rebecca Owen (Mar 6, 202415:33 CST) Date: Mar 6, 2024 Rebecca Owen Development Services OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier 11 Easement Encroachment Agreement Page 7 of 11 Revised 12/2022 purr:�rLAI&, emit ca�r��►r��RMrsF 1'k ����u��►�d�t�i�n:� ��.�.� 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 7th day of March 2024. �PRYPos KATHLEEN BRADFORD Notary Public * * STATE OF TEXAS 9 y Notary I.D. 12197197 Notary Public in and for the State of "Texas My Comm. Exp. Apr. 12, 2027 After Recording, return to: Development Services Impartment Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 Tier 11 Easement Encroachment Agreement Page 8 of 11 Revised 12/2022 STATE OF K/G' § COUNTY OF ��/�j l�'� § _ BEFORE ME, the undersigned authority, a Notary Public in and for the State of on this day personally appeared Zoraima Lopez, Manager 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 LPZ Carriers LLC, a Texas limited liability company, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this c9 7 day of 12024. Ae �P.4�PRY Notary Public in7and for he ' _<,'• a State of� �' 30F �se4e,.. e Tier 11 Easement Encroachment Agreement Page 9 of 11 Revised 12/2022 EXHIBIT A Depiction and description of the Encroachment Tier 1I Easement Encroachment Agreement Page 10 of 11 Revised 12/2022 EXHIBIT B Aq Leasee: Mr. B. Sturdivant Parcel No. 1 W. M. Calhoun~ Y Rt. 7, Box 154, Ft. Worth Rt. 3 do, Tex. That we Tel. 478-6066 JUN Z3 72 6 9 b 8 0 Tel . �X8 7 3-3996 z'S4 y� of Tarrant County, Texas, for and in consideration of One Dollar ($1.00) and other valuable consideration paid by the City of Fort Worth, a municipal corporation of Tarrant County, Texas, -receipt of which is hereby acknowledged, do grant, bargain and convey to said City, its successors and assigns, the use and passage in and along the following parcel or tract of land`ituated in Tarrant County, Texas, o to -wit: 1i�i�zTnT4l� PERMANENT EASEMENT i A strip of land twenty (20') feet in width over, under and across a portion of a tract of land out of the Shelby County School Land Survey Abstract 1375, belonging to W. M. Calhoun, as recorded in Volume 1923, Page 309, Tarrant County Deed Records, Tarrant County, Texas; Save and except that portion across the Texas Electric Service Company's right-of-way, the rn said twenty (201) foot wide strip of land to extend ten (101) feet right and ten (101) feet C_n left from the sanitary sewer centerline described below, said strip of land to be used for �;'j ;. the purposes of constructing, operating and maintaining a sanitary sewer, with the usual i appurtenances and necessary connections thereto; i The centerline of said sanitary sewer to be as follows: Beginning at a point in the north right-of-way line of County Road No. 1051, said point be- ing east along the south line of Block 45, Shelby County School Land Survey, a distance of 1813.1 feet, thence N. 10°541W. a distance of 25.4 feet, from the southwest corner said Block 45, northwest corner Block 46, Shelby County School Land Survey, said survey line being the center line of County Road No. 1051, thence proceed N. le.54' W. a distance of 335.1 feet to a point in the south right-of-way line of the Texas Electric Service Comp right- of-way, proceeding N. 10*54' W a distance of 399.6 feet to a point in the north r t-of-way line of the said Texas Electric Service Company's right=of-way, thence procee . 100541W a distance of 813.7 feet to an intersection with an existing sanitary sewer u c ure of two tangents of such sewer center line having bearings of S. 36°23' E. an °2 the center line of said sanitary sewer being the center line of an easement rd in ume . 4529, Page 597, Tarrant County Deed Records, Tarrant County, Texas, sa' a r sewer easement belonging to the City of Fort Worth, Texas. Said twenty (201) foot wide permanent easement contains 23,120 sq. f CONSTRUCTION EASEMENT: V It is further agreed and understood that the City of Fort o h wi ermitted the use of two (2) additional strips of land, one lying to the right n one y ng to the left of, parallel to and adjacent to the above described twenty (20 et i e strip of land, both additional strips of land to be used for the purpos f cons uct• 9 the said sanitary sewer. Upon completion of the construction of the said san: a sewer, and its acceptance by the City Council of the City of Fort Worth, Texas, all ri t ranted within the above described construction easement shall cease and all operati n nance and repairs shall be confined to the above described permanent as Said construction easement contains 70,100l�f . i ! S �ufLT 4LE 2r,O W-l-Wl l ►� (446_F_ D�v�Uc.. I,OAJ W(�-L— P1F_g0T) ATE_ T H ��, l3R-D (uAO-T Ny r U�-[ W U cLt.s _ PS ol,T� i pc % 4fifo T1 o Nu �E4Zl r 6DXJ 2UC.'C1a,�. It is intended by these presents to convey a right-of-way to the said City of 'Fort Worth to maintain and construct the above improvements, with the usual rights of ingress and egress in the necessary use of such right-of-way, in and along said premises, WITNESS �h hand_ this, the Zip day of� A.D. 19�. ............ {. i 60200 sl 0 0 M { m O •1 , O M M C.a It (] M n o •e e n °. � a° FILED_„ .rc-i�&S m. o n 6: x A E 1 n 0. O N O A 0 M �z t,, 23 Qta �� ' i ., o 0 1 m O A 1r• m m M A i m o a CGtJtilY CLERK deP M o It � o K e 0 rt w rt r 0 r V 1+ Q N M eD fD N rl -`,'{� 0 A Jf M M ti�"tea a!p �1 6/ CMG y � /4.�4'q', .y f, pap •�?x ij� O� "1e�, y 4rr�r nir�f f"'o •Yy�L y �J, �u �880�3/0 ` ` u O j THE STATE OF TEXAS X PDJnMTV DC TAPD`AkIT A BEFORE ME, the undersigned author known to me to be the pers n w s ,f acknowledged to me that therein expressed. GIVEN UNDER MY HAND AND ;SEAL I i 1 - i i j 1 THE STATE OF TEXAS X COUNTY OF TARRANT X y thi ay personally appeared M-P W ,(d� C JI ) A s u scribed to the foregoing instrument, and hr-same for the purposes and consideration THIS QND day of __M49Cd A.D. 19 Pubtic'In'anVor rent County, Texa,s BEFORE ME, the undersigned authority, on this day personally appeared , f wife of known to me to be the person whose name is subscribed to the foregoing instrument, and having been examined by me privily and apart from her - husband, and having the same fully explained to her, she, the said , acknowledged such instrument to be her act'and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS the day of , A.D. 19 - u A Notary Public in and for Tarrant County, Texas i r VOL 5421 nu,517 EXHIBIT B Page 1 of 11 Electronically Recorded Tarrant County Texas Official Public Rccords 3/14r2012 11 :44 AM D212062241 SANITARY SEW MAIN 57 U-P� ER AND MIDDLE X�A911r CRF$ 00 PARALLEL REL=� RT�6,A C�,, CITY PROJECT No. Submiffer: ACS Q1�i�ouise Garcia PARCEL No. 7 PE/7 TEaa�s.. DOE # 6215 5513 EVERMAN KENNEDALE ROAD SHELBY COUNTY SCHOOL LAND SURVEY, BLOCK 45, ABSTRACT No. 1375 STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT § CITY OF FORT WORTH PERMANENT SEWER FACILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEME DATE: JULY 14, 2010 GRANTOR: HENRY A. ADAMS AND CAROL L VIS GRANTOR'S MAILING ADDRESS (including "un ): 3000 E FLORA PLACE DENVER, DENVER COUNT , C 2 -6750 GRANTEE: CITY OF FORT WORTI,�f'� GRANTEE'S MAILING ADD n ounty): 1000 THROCKM T N FORT WORTH, T A T UNTY, TX 76102 CONSIDERATION n D' 4 s t,$10.00) and other good and valuable consideration, the receipt and sufficiency of y acknowledged. PROP TY: ei N/45 foot permanent sewer facility easement and a 25 foot temporary constr ti eas ent situated in the Shelby County School Land Survey.. Block 45, Abstract No. ?'15, Ta an o ty, Texas, and being out of are 11.72 acre tract of land (by deed) described as Tract One ed to Henry A. Adams and Carol Lee Davis as recorded in Volume 10862, Page 1522 of the Deed Records of Tarrant County, Texas, and being more particularly described in a Permanent Sewer Facility Easement in Exhibits "A" and "B", and a Temporary Construction Easement in Exhibits "C" and "D" 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 PERMANENT FWL-R f Acio rY [..A'i5EZM.CNT AND TEMPORARY CONSTRUCT ON EASEMENT Rev. 06 :2003 Page 2 of 11 easement for the construction, operation, maintenance, replacement, upgrade, and repair of a Permanent Sewer Line Facility, hereafter referred to as "Facility". The Facility includes all incidental underground and aboveground attachments, equipment and appurtenances, including, but not limited to manholes, manhole vents, lateral line connections, pipelines, junction. boxes in, upon, under and across a portion of the property and more fully described in Exhibits "A" and "B", attached hereto and incorporated herein for all pertinent purposes, together with the right and privilege at any and all times to enter property, or any part thereof, for the purpose of constructing, operating, maintaining, replacing, upgrading, and repairing said Facility; and a temporary construction easement, as described in Exhibits "C" and "D" attached hereto and made a part hereof, to use in connection with the construction of said Facility, said temporary construction easement to expire upon completion of construction and acceptance by Grantee of said Fi�,c'{ity. in no event shall Grantor (1) use the Property in any manner which interferes in any r4tey or is inconsistent with the rights granted hereunder, or {II} erect or permit to be i the casement property a permanent structure or building, including, but not limited m e gn, pole sign, billboard, brick or masonry fences or wails or other structures th r ui b ilding permit. However, Grantor shall be permitted to maintain any existing con e i or road on the Property. Grantee shall be obligated to restore the surface of the r pe t r tee's sole cost and expense, including the restoration of any sidewal , �v s si filar surface improvements located upon or adjacent to the Easement which av moved, relocated, altered, damaged, or destroyed as a result of the Grant e' use o the easement granted hereunder. Provided, however, that Grantee shall not be obli at to e tore or replace irrigation systems or other improvements installed in violation the pr ision and intended use of this Easement. TO HAVE AND TO HOLD the above -described the rights and appurtenances thereto in anyw and assigns forever; and Grantor does hereby and forever defend all and singular the easem every person whomsoever lawfully claimin TO HAVE AND TO HOLD the a and singular, the rights and Grantee's successors and as fig Grantor hereby bind themsel and singular, said easemen whomsoever lawfully alai i�o When the context s ent, together with all and singular u Grantee, and Grantee's successors rits successor and assigns to warrant e, its successor and assigns, against same, or any part thereof. c=�Cereto hporary construction easement, together with, all in anyway belonging unto Grantee, and of construction and acceptance by Grantee. @irs, successors, and assigns, to warrant and defend, all itee, its successors and assigns, against every person the same, or any part thereof, nouns and pronouns include the plural. TUBES APPEAR ON THE FOLLOWING PAGE] P- _MA!,4E_ I sF JIF. i FItC L TY FAST 4.1EhiT Atvq CrMPtJRARY Cf�IvsTn°U itt�9 f EASEMENT Rev (A 20G8 Page 3 of 11 GRANTOR: Henry A. Adams Henry A. Adams GRANTOR: Carol Lee Davis U V/ Carol Lee Davis GRANTEE: City of Fort Worth Fernando Costa Assistant City Manager APPROVED AS TO FORM AND LEG TY Assistant City Attorney ACKNOWLEDG T STATE OF TXkS COUNTY OF TARJRANT ,. BEFORE ME, the undersig au h rity, a Notary Public in and for the State of Texas, on this day personally appeared He n to me to be the same person whose name is subscribed to the foregt�ing i f u a nowtedged to me that the same was the act of Henry A. Adams and that h s x ut a same as the act of said Henry A. Adams for the purposes and consideration t re e r sed and in the capacity therein stated. GIVEN UNDER "n SEAL OF OFFICE this day of Notary PuM'4,c in and for the StateofN 71 f a a a PERMI ANEW SEWER FACILITY EASEMENT AND TEMPORARY C!VS+Rl1CMN EASEMENT Rev. W.2008 Page 4 of 11 GRANTEE: City of Fort Worth Fernando Costa Assistant City Manager APPROVED AS TO FORM AND LEGALITY cj i4 assistant City Attorney PERMANENT SEWER FACUrY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT Rev. 06i2008 Page 5 of 11 ACKNOWLEDGEMENT 'c P STATE OF TEXAS.... ((j COUNTY OF TARRA BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Carol Lee Davis, 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 a f Carol Lee Davis and that he/she executed the same as the act of said Carol Lee Davis for e oses and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day o 20 f4 a 4 STEFANIE J. No' Public ' an r the State of Texas MATT'SON i STATE OF TEXAS COUNTY OF TARRANT Texas, on this day pesori Worth, known to me to be and acknowledged to m executed the same as t E expressed and in th�i l z 0 ct C l 0 R Y iAND 20 rsi3di-' authority, a Notary Public in and for the State of �ar_...., rnando Costa, Assistant City Manager of the City of Fort Ie e on whose name is subscribed to the foregoing instrument, me was the act of the City of Fort Worth and that he/she he City of Fort Worth for the purposes and consideration therein ein stated. AND SEAL OF OFFICE this p . day of Notary Public in Snd for the State of Texas PERMANENT SEWER FACILITY EASEMENT AND TFVFK)fiRARY t ONSTRUC'110*4 EASEMENT Rtv.f,Y2008 Page 6 of 11 SANITARY SEWED. MAIN 257 TIPPER AND MIDDLE VILLAGE CREEK PARALLEL RELIEF MAIN, PART 1 CITY PROJECT No. 01226 PARCEL No. 7 PE 5513 EVERMAN KENNEDA.LE ROAD SHELBY COUNTY SCHOOL LAND SURVEY, BLOCK 4S, ABSTRACT No. 1375 Exhibit "A" Being a 45.0' permanent sanitary sewer easement situated in the Shelby County ch o Land Survey, Block 45, Abstract No. 1375, Tarrant County, Texas, and being out of acre tract of land (by deed) described as Tract One deeded to Henry A. Adams an L vis as recorded in Volume 10862, Page 1522 of the Deed Records of Tarrant nty, xLaid 45.0' permanent sanitary sewer easement being more particularly describ n d bounds as follows: r--� COMMENCING at a 5/8 inch iron rod found for the sou w , o ai' .374 acre tract of land (dry steed) described as Second Parcel deeded to ant my Water Control and Improvement District Number One as recorded in Volume 5 Pa 3 of said Deed Records of Tarrant County, Texas, said 5/8 inch iron rod girt i ennedale Road (County Road 2051) an undedicated right-of-way); 1l 4 rth 39 degrees I minutes 04 seconds West, with the west line of said 1.374 acre tract of tance of 70.08 feet to a point for the southeast comer of said 11.72 acre tract of 1 , �ac It being in the north line of said Everrnan Kmnedale Road; THENCE So 8 minutes 08 seconds West. with the south line of said 11.72 acre tract of land v h north line of said Everman kennedale Road a distance of 189.90 feet to a poi o c HENCE South 89 degrees 54 minutes 01 seconds West, with the south 1' f s i 1:1. a e tract of land and with the north line of said Evennan Kennedale R.oad, a 0 feet to the POINT OF BEGINNING of the herein described 45.0' pe it ver easement, said point being the southwest corner of a 20,0' Permanent San to r ment granted to the City of Fort: North as recorded in Volume 5264, Page 546 o s i D ecords of Tarrant County, Texas; THENCE South 89 �; 4 mutes 01 sminds West, with the south line of said 11.72 acre tract of l n$ an ith the north line of said Evernmn Kennedale Road, a distance of 45.: , to tnt for comer; °€.. 11 1 €'egrees 23 minutes 25 seconds West, a distance of 317.16 feet to a point b 0 r in. the north lire of said 11.72 acre tract of land, said point being in the s u line of a 1.633 acre tract of land (by deed) deeded to Texas Electric Service hpany as recorded in Volume 4231, .Page 385 of said Deed Records of Tarrant ounty, Texas, from which a 3/4 inch iron rod found for the northwest comer of said 11.721 acre tract of land bears South 89 degrees 49 minutes 08 seconds West, a distance of 495.60 feet, said 3/4 inch iron rod being the northeast corner of a 2.498 acre tract of land (by deed) described as Tract B deeded to Texas Electric Service Company as recorded in Volume 4499, rage 378 of said Deed Records of Tarrant {. aunty, `I`exas: Page l of 2 Page 7 of 11 SANITARY SEVER MAIN 257 UPPER AND MIDDLE X'ILLA(:E CREEK PARALLEL RELIEF MAIN, PART I CITY PROJECT .No. 01226 PARCEL No. 7 PE 5513 EVERMAN KENNEDALE ROAD SHELBY COUNTY SCHOOL LAND SURVEY, .BLOCK 45, ABSTRACT No. 1375 THENCE North 89 degrees 49 minutes 08 seconds East, with the ,north line of said 11.72 acre tract of land and with the south line of said 1.633 acre tract of land, a. <sknce of ,�,45.88 feet to a point for corner in the west line cif said 20.0' berm nt SE itar r Sewer Easement; THENCE South 11 degrees 23 minutes 25 seconds East, with the we a ai&210.0' Permanent Sanitary Sewer Easement, a distance of 317.83 TNT OF BEGINNING and containing 14.301 square feet or 0.328 f ore or less. NOTES: 1) Bearings are referenced to the Texas Coordi t NAD-83, North Central Zone 4202. All distances and areas sho zre Sur 2) A plat of even survey date accomp, t s al description. 0 Curtis Smith..m..� Registered, Professional Land Surveyor No. 5494 .page 2 of 2 , ' � . tea., � ,t+,• �!-� ;A194 is Page 8 of 11 LON 5TEVfTi� F BLOCK 45 Si_ SHELBY COUNTY SCHOOL \ C K !} ,t LAND SURVEY, ABSTRACT No. 1 375 TRACT A 1�TL�rEAANW ! i 11.695 ACRES (BY DEED) r ' CEWtTERY le } tt tt TEXAS ELECTRIC I SERVICE COMPANY 1 tT tt VOLUME 4499, PACE 378 J i T D.R.T.C.T, h1LS�N f 1.633 ACRES '3T GELT)) : 8.284 ACRES ($Y DE ?; ti N.T.S.TEXAS ELEC RtC TEXAS EL ECTR C SERVICE COMPANY SERVICE CO YiCINaY MAP (MtAPSCO PAGE 106 do 107) VOLUME 4231. PAGE 385 tt D.R.T.C.T- N $9' 4$`0$"E VOLUME 3865, FND 3j*' S SSi'4;0—s-v 495.60' " t n = IRON RGi3 k...,;:_i � 20.0' PE'RMANE;v +L,� SAN'ifARY SEWER. ..EMEN 1 j E ; To C(TY OF FJR w A,c,A VOLUME 5264, A 646 45.0F PERMANENT SANiT - �, 1 T U U, � o SEWER EASEMENT ► w , T. OR GEED) 14.301 SO, F a < t HEN ADAMS AND a 0.328 ACRES GA L LEE DAVIS in i .y .� Vt7 1 62. PACE t522 a R.T.C.T. APPROXIMATE SURVEY t-INE EVERMIAN KENNEDALE R(3AD N 3511'04"W- (COUNTY ROAD 2051) UNDEDICATED RIG►fT'--OFJWAY) 70.W 46. 9 - I F. a C. y ul 1 5 � 20.7' PERMANENT SANITARY -ND 5/8- O BLOCK 4 —+ SE`NER EASEMENT SHELBY C NT CH L 1t , TO CITY OF FOR WORTH wo r t 1 VOLUME 5264, PAGE 562 W j LAND SURVEY 1375 1t D.P.T.c.r. w 35.9 RES BY EP. t �. n C R E SO PROPOSED 1 4 w o C N D O'KS(S2ASE { tt I1. T.C.T. I i NOTE: A L.EC,AL I'ESCRIPTION OF EVEN WmOLE PROPERTY Iv1AF 1 ��fl 1 �� � ��� DATE ACCOMRkNIES THIS PLAT & EASEMENT LOCATION 1 } NOTE,. BEARINGS ARE REFERENCED E COORD1AfATE SYST}]ii, 4 NA�3�-$3. ��y� Ir■r'"""�r�■■r� THiE NO" C04TRAL ZONE � AND AREAS SHE ARE SURFACE. � ] SCALE 1N FEET City of Fort Worth ` C,70 THRLK KM()R'O?4 STREET + Fr ;�T '6, , r !w:.)K)hi ,..tF ,SAS 02 �� I�i}a19iT SFtOiMRG A �' PERMAANEt T SANITARY SEWER EASEMENTOUT e 11.72 ACME .TRACT OF LANDATm THE SHELBY COUNTY SCHOOL LAND SURVEY, BOCK 45, A13SSTi ACT No. 1375 TARRANT COUNTY, TEXAS CURT), SMITI AS RECORDED IN 4 VOLUME 10882, PAGE 1522 ;s549 DEED RECORD, OF TARRANT CAUNrf. TEXAS fi PROJECT: SANITARY SIGNER h WN 257 UPPER AND MIDDLE VILLAGE I PARCEL No. 7 PE CR,EEX PAR&LEL RELIEF ';, IN. PART T [ CI tY PRO4 CT No. 01226 � EASEMENT ACQUISITION AREA- 14,301 SQUARE FEET OR P,328 ACRES CURTIS SMITH Joe N0. 0905--380 DRA4� 9'1!: RCS CAD f LE, 364E EASE#t�,�tf,D*G REGISTERED PROFT MION& LAND SURVEYOR DATE: FEaRIIARY 10, 2010 P 1 f �F' t � SCALE. 1' - 200' NO. 5494 GORRONDONA & ASSOCL4TM. # 5701 � STAIR AW. SUiiE 50 FORT YYQFiTH, TX. 75112 e i 7 �6- 1424 FAX 87 7-496- P 798 Page 9 of 11 SANITARY SEWER MAIN 257 UPPER AND MIDDLE VILLAGE CREEK PARALLEL RELIEF MAIN, PART 1 CITY PROJECT.No. 01226 PARCEL No. 7 TE 5513 EVERMAN KENNEDALE ROAD SHELBY COUN'n' SCHOOL LAID SURVEY, BLOCK 45, ABSTRACT No. 1375 Being a 25.0' temporary construction easement situated in the Shelby County ch o Land Survey, Block 45, Abstract No. 1375, Tarrant County, Texas, acid being out of acre tract of land (by deed) described as Tract One deeded to Henry A. Adams an ' r vis as recorded in Volume 10862, Page 1522 of the Deed Records of Tarrant y, x• aid 25.0' temporary construction easement being more particularly describ n d bounds as follows: i_*'\ COMMENCING at a 5/8 inch iron rod found for the scut v a .hoT 374 acre tract of land (by deed) described as Second Parcel deeded to thU,a ty Water Control and Improvement District Number One as recorded in Volume3 of said Deed Records of Tarrant County, Texas, said 5/8 inch iron rod ' g iennedale Road(County Road 2051) an undedicated right-of-way; THEN C � h 39 degrees 11 minutes 04 seconds West, with the west line of said 1.374 acre tract of , tance of 70.08 feet to a point for the southeast corner of said 11.72 acre tract of l 5a t being in the north line of said Everman K.ennedale Road; T14ENCE Soo 8 minutes 08 seconds West, with the south line of said 11.72 acre tract of land h north line cif said Eveman Kennedale Read, a distance of 189.90 feet to a po' o € ; THENCE South 89 degrees 54 minutes 01 seconds West, with the south 1i of s i 11. a e tract of land and with the north line of said Everman Kennehdale Road, a 9 feet to the POINT OF BEGINNING of the herein described. 25.0' tern s easement; THENCE South 89 degr s es Of seconds West, with the south line of said 11.72 acre tract of tan it tli north liner of said Everman K.ennedale Road, a distance of 25.49 feet o t corner; THENCE No n 1 23 minutes 25 seconds West, a distance of 317.72 feet to a point F on r the north line of said 11.72 acre tract of land, said point being in the .) h. '.ne f a 1.633 acre tract of lard {by (feed) deeded to Texas Electric Service C . n as recorded in Volume 4231, page 385 of said Deed Records of Tarrant C... t, rety, Texas, from which a 3/4 inch iron. rod found for the northwest corner of said 1 , 2 acre tract of land bear; South 89 degrees 49 minutes 08 seconds West, a istance of 4X 12 feet, said 3/4 inch iron rod being the northeast corner of a 2.498 acre tract of land (by de-e(l) described as Tract B deeded to Texas Electric Se mice Company as recorded in Volume 4499, Page 378 of said Deed Records of Tarxant County, Texas; Page 1 of 2 Page 10 of 11 SANITARY SEWER MAIN 257 UPPER AND MIDDLE VILLAGE CREEK PARALLEL RELIEF NtAfN, PART I CITY PROJECT No. 01226 PARCEL No. 7 TE 5513 EVERMAN KENNIEDALE ROAD SHELBY COUNTY SCHOOL LAND SURVEY, BLOCK 45, ABSTRACT No. 1375 THENCE North 89 degrees 49 minutes 08 seconds East, with the north. line of said 11.72 acre tract of land and with the south line of said 1,633 acre tract of land, a t., Nnee of 15,49 feet to a point for comer, THENCE South 11 degrees 23 minutes 25 seconds East, a distance of POINT OF BEGINNING and containing 7,944 square feet or< the more or less. NOTES: 1) Bearings are referenced to the Texas Coordi a Syst NAD-83, North Central Zone 4202. All distances and areas shown are s a 2) A plat of evensurvey date accompani . t i legal description. 0 f N cuttis Smith Registered Professional Land Suncyor No. 5494 Page 2 of 2 Page 11 of 11 LON EXHIBIT s ' BLOCK 45 ROYAL R SITE I ' ` SHELBY COUNTY SCHOOL � LAND SURVEY, ABSTRACT NO. 1375 Eb1 —ry, t i TRACT A 11.695 ACRES (8'r DEED) CEtaE?T Rr ' I i TEXAS ELECTRIC SERVICE COMPANY S t VOLUME 4-499, PAGE 378 - 5-9a D.R.T.C.T. -^SON ( 1.633 ACRES ;EY DEED) t i TEXAS ELECTRIC 1t i 9.28TEXASEE E8Y `C"B SERVICE COMPANY i t SG VICINITY W (SCO PAGE 14$ & 107) VOLUME 423SERVICE C MAP 1, PAGE %5 i i _ DA.. C.T. N W49 080E VOLUME 39, E --- — ! i 25.49' D .. . FND 3f4' S 89'49'08'W 470.12 ..W 4 too t �• •�•• - ROIV ROD x # # ; S.. 20.0' PER1uANE 4 �r r i 4 C) SA'ttTARY SEWER EMEN p N ; 1 TO CITY Of FO C c v w F tA 1 i VOLiJME 5264, A 548 !3 :�cr i T 25.0' TEMPORARY 0, C .I i 4a w CONSTRUCTION EASEMENT � t .► 1 S 11,72 DEED) 7,944 SO. FT, OR 3 i i HEN A ADAMS AND 0.182 ACRES > L LEE DAVIS!' t- 1 62, PAGE 1522 ° a `� I t R.T. C.T. s as 29'oa w ' 51 .,.. APPROXIMATE SURVEY LINE `� + i t S 89.54'011V 1020.29' 189.90, EVERMAN KENNEDALE ROAD N 39.1 t'04'W - (COUNTY ROAD 2051) ICATED RIGW-OF-WAY) 70.0a' S air . B. 25.4 P. 0. C. 5/8-t 20.0' PERMANENT SAN?TARY FN0 BLOCK _ "" sEwER EASE1iENT IRON ROD fn gG. r' SHELBY qNNT SC L ii 11 TO CITY OF FORT WORTH 'VOLUME 5264, PAGE~ 562 F wv�ia LAND SURVE , 13753 5. n s S E KSO P rAl ROPL�SED ; C3` Li C$ ra EASEMENT ; 1 } C. .r" h 0 +C 72 D:. .C. . NOTE- A LEGAL DESCR1PYION OF EVEN *+OLE PROPERTY MAP DATE ACCOmPANiES THPS PLAT EASEMENT =IO;1 1 200 100 0 200 NOTE; BEARINGS ARE RF_fER£NCIED E COORDINATE SMEM, NAD-83, THE NO"CEkTRAI i3N£' \ - AND AREAS SHOWN ARE SURFACE. SCALE IN FEET City o f Fort Worth `000 1+4ROCKMOrP%N TREET • r<)PT ''*V jRT)j, T3 XA_sEXHI J .Q TEMPORARY T'SHOWIN0 .A OSTRUCTION EASEMENT OF A • % . 11,72 ACRE. TRACT OF LAND�`� ,� ,. � �> - _�`'t StTVATED IN THE SHELBY COUNTY SCHOOL LAND SURVEY, BLOCK 45, ABSTRACT No. 1375 f TARRA NT COUNTY, TEXAS CUR CIS ` Mir AS RECORDED IN 49 9 u° VOLUME 11�5fi2, WAGE 1522 � MW RECORDS Of TAPAANT COUNTY, 1f.3Vs.S °' i•, PftJECT: SANTARf SEWER. MAIN 257 UPPER ANO MIDDLE 'AUAGE I PARCEL. No. 7 TE � �y CREEK PARMJXL RELIEF MA44. PART i CfTY PROJECT No. 0122.6 L--- EASEMEtvT ACQUISITION AREA; 7.944 SQUARE FEET OR 0.182 ACRES CURTIS SMITH ,- jO$ NO. 0905--3648 1 {)RA.Wk BY. RCS AGE I Of I � FILE: 3848 EASEMENT. DWG REGISTERED Ph�SWNAL. LAND SURVEYOR OAX C.ORRgE N�DONA & ASSOCIATES. INC.P 707 ENTWOOD STAIR ROAD, SU 50 F WOR200'M, N0. 5494 • FONT WORTH, TX. 76112 817--496-f424 FAX 917-4$$-17$tl ,.� •.,max C � rt ' ��{."� -/"s -� ,�._.* �' f �'�, � w PROPERTY BOUNDARY U w 45' SANITAR y_IA1 }- 20' SANITARY -� _ SEWER ESMT. -� �.;. V-,-�i SEWER ESMT T `'i• EVERMAN KENNEDALE ROAD- +� 410 fie -•- , SHIELD ENGINEERING GROUP Irma 400 loam �G'�� • .d � • � '^' °• ��.1� i - � _.+i iwfrfRmw•surnaww E,• ]�— • a �7'' •!Y -+ �fi t.^ O t--�• GRAPHIC SCALE IN FEET PROPOSED FLEX BASE / GRAVEL AREA FORT WORTH, TEXAS DATE: 2/7/2024 } + PROPERTY BOUNDARY — — EXHIBIT A 1 CHAIN LINK FENCE SITE PLAN 3HT ©2023 BY SH ELD ENG NEERING GROUP PLLC. TBPE F-11039 & TBPLS 10193890 EXHIBIT "A" ENCROACHMENT AGREEMENT PORTION OF 11.70 ACRE TRACT SHELBY COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 1375 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS TRACT 1: Being a 1,850 square foot (0.04 acres) tract of land situated in the Shelby County School Land Survey, Abstract No. 1375, City of Fort Worth, Tarrant County, Texas, and being a portion of a tract of land conveyed to LPZ Carriers, LLC, by deed recorded in Instrument No. D222045038, Official Public Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod found for corner, said corner being the Southeast corner of that tract of land conveyed to Texas Electric Service Company, by deed recorded in Volume 4499, Page 378, Deed Records, Tarrant County, Texas, said corner being along the North right of way line of Everman Kennedale Burleson Road (variable width right of way); THENCE North 89 degrees 53 minutes 10 seconds East, along the North right of way line of said Everman Kennedale Burleson Road, a distance of 554.60 feet to a point for corner, said corner being the POINT OF BEGINNING of herein described tract; THENCE North 11 degrees 24 minutes 16 seconds West, a distance of 28.42 feet to a point for corner; THENCE North 89 degrees 51 minutes 22 seconds East, a distance of 66.28 feet to a point for corner; THENCE South 11 degrees 24 minutes 16 seconds East, a distance of 28.47 feet to a point for corner, said corner being along the North right of way line of said Everman Kennedale Burleson Road; THENCE South 89 degrees 53 minutes 10 seconds West, along the North right of way line of said Everman Kennedale Burleson Road, a distance of 66.28 feet to the POINT OF BEGINNING and containing 1,850 square feet or 0.04 acres of land. '�P' � S T F,: •:�'� •BRYAN COiINALL.Y • �,9 ,9of5,,'13oNti O s GENERAL NOTES: �O S� 1) BEARINGS ARE BASED ON NAD 83. NORTH TEXAS CENTRAL ZONE. CBG Surveying Texas, PLANNING • SURVEYING 1413 E. 11-1-30, Suits 7 Garland, Texas P 214.349.9485 F 214.349.2216 Firm No. 10168800 www.cbgtxllc.com ----------------------- BRYAN ONNALLY R.P.L.S. NO. 5513 L.L.C. SHEET 1 OF 4 JOB NO. 1801600-02 75043 DRAWN BY: TO DATE: 6/21 /2023 EXHIBIT "A" ENCROACHMENT AGREEMENT PORTION OF 11.70 ACRE TRACT SHELBY COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 1375 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS Tract 2: Being a 2,309 square foot (0.05 acres) tract of land situated in the Shelby County School Land Survey, Abstract No. 1375, City of Fort Worth, Tarrant County, Texas, and being a portion of a tract of land conveyed to LPZ Carriers, LLC, by deed recorded in Instrument No. D222045038, Official Public Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod found for corner, said corner being the Southeast corner of that tract of land conveyed to Texas Electric Service Company, by deed recorded in Volume 4499, Page 378, Deed Records, Tarrant County, Texas, said corner being along the North right of way line of Everman Kennedale Burleson Road (variable width right of way); THENCE North 00 degrees 39 minutes 11 seconds East, along the East line of said Texas Electric Service Company tract, a distance of 311.07 feet to a 5/8 inch iron rod found for corner, said corner being the Southwest corner of that tract of land conveyed to Texas Electric Service Company, by deed recorded in Volume 4231, Page 385, Deed Records, Tarrant County, Texas THENCE North 89 degrees 47 minutes 40 seconds East, along the South line of said Texas Electric Service Company (4231/385) tract, a distance of 495.27 feet to a point for corner and being the POINT OF BEGINNING of herein described tract; THENCE North 89 degrees 47 minutes 40 seconds East, along the South line of said Texas Electric Service Company (4231 /385) tract, a distance of 66.26 feet to a point for corner; THENCE South 11 degrees 24 minutes 16 seconds East, a distance of 29.53 feet to a point for corner; THENCE South 79 degrees 22 minutes 43 seconds West, a distance of 65.01 feet to a point for corner; THENCE North 11 degrees 24 minutes 16 seconds West, a distance of 41.51 feet to the POINT OF BEGINNING and containing 2,309 square feet or 0.05 acres of land. GENERAL NOTES: 1) BEARINGS ARE BASED ON NAD 83, NORTH TEXAS CENTRAL ZONE. "( OF TF BRYAN CONNALLY 5513 �Y BRYAN 12ONNALLY R.P.L.S. NO. 5513 CBG Surveying Texas, L.L.C. SHEET 2 OF 4 PLANNING - SURVEYING JOB NO. 1801600-02 1413 E. I1-11-30, Suite 7 Garland, Texas 75043 DRAWN BY: TO P 214.349.9485 F 214.349.2216 DATE: 6 21 2023 Firm No. 10168800 / / www.cbgtxllc.com EXHIBIT "A" ENCROACHMENT AGREEMENT PORTION OF 11.70 ACRE TRACT SHELBY COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 1375 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS 0 100 200 300 POINT OF BEGINNING TRACT 2 TEXAS ELECTRIC SERVICE COMPANY 1 VOL, 4231. PG. 385 CM D.R.T.C.T. L N 89'47'40" E 495.27' 110 j J r TRACT 2 a 2,309 Sq. Feet t 0.05 Acres v � o o ' I��� W M U e7 a a LPZ CARRIERS, LLC;, TRACT 1 v m INST. NO. D222045038 i2 o O.P.R.T.C.T. I L) M 1 Cm0 210.01' LPZ CARRIERS, LLC TRACT 1 INST. NO. D222045058 O.P.R.T.C.T. W' 0 POINT OF TRACT 1 X Z COMMENCING 1,850 sq. Feet ' 1 TRACT 1 & 2 0.04 Acres L21 CM / J N 89'53'10" E 554.60' J EVERMAN KENNEDALE BURLESON ROAD L4 VARIABLE WIDTH R.O.W. POINT OF BEGINNING TRACT 1 NOTE: SEE LINE TABLE & LEGEND ON SHEET 4 OF 4.(�BRYAN T'RCQNNALLYGENERAL NOTES:513 Z1} BEARfNGS ARE BASED ON NAD 83, NORTH TEXASS BRYAN ONNALLY CENTRAL ZONE. R.P.L.S. NO. 5513 CBV Surveying Texas, LLC. SHEET 3 OF 4 PLANNING • SURVEYING JOB NO. 1801600-02 1413 E. IN-30, Suits 7 Garland, Texas 75043 DRAWN BY: TO P 214.349.9485 F 214.349.2216 DATE: 6/21 /2023 Firm No. 10168800 www.cbgtxilc.com EXHIBIT "A" ENCROACHMENT AGREEMENT PORTION OF 11.70 ACRE TRACT SHELBY COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 1375 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS LINE BEARING DISTANCE 1 L1 N 11 *24' 16" W 28.42' L2 N 89'51'22" E 66.28' L3 S 1 1' 24' 16" E 28.47' L4 S 89*53' 10" W 66.28' L5 N 89'47'40" E 66.26' L6 S 11 *24' 16" E 29.53' L7 S 79' 2243" W 65.01 ' L8 N 11 "24' 16" W 41.51 ' LEGEND: POINT FOR CORNER 1/2 INCH IRON ROD FOUND WITH ORANGE PLASTIC CAP ®= 5/8 INCH IRON ROD FOUND CM = CONTROLLING MONUMENTS SQ. FT. = SQUARE FEET VOL., PG. = VOLUME, PAGE D.R.T.C.T. = DEED RECORDS, TARRANT COUNTY, TEXAS O.P.R.T.C.T. = OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS GENERAL NOTES: 1) BEARINGS ARE BASED ON NAD 83, NORTH TEXAS CENTRAL ZONE. ...BRYAN CONNALLY '.,p...'0513 ... ti o .ws ___________ ______ BRYAN ONNALLY R.P.L.S. NO. 5513 CBG Surveying Texas, LLC, SHEET 4 OF 4 PLANNING • SURVEYING JOB NO. 1801600-02 1413 E. I14-30, Suits 7 Garland, Texas 75043 DRAWN BY: TO P 214.349.9485 F 214.349.2216 DATE: 6/21 /2023 Firm No. 10168800 www.cbgtxllc.com — I1� � •11 EXISTING SANITARY SEWER LINE 16.0 IN$T PER DETAIL — — 2 NORTHERN PROPERTY LINE LATE PER DETAIL PROP ED C IN � I V 2.0-1 11rc. LIN ENCE (TYP)11 EXISTING SANITARY SEWER MH AND CLEANOU� 11 r PROPOSED ROUND 2-3/8" 1 FENCE POST (TYP.) SYMBOL SHOWN FOR GRAPHICAL 1 PURPOSES ONLY N.T.S. UTILITY MARKER SIGN i EXISTING SANITARY $EWER LIN� 11 45.0 SANITARY SEWER ESMNT INST. NO. D212062241 25.0 TEMP. �� A CONSTRUCTION ESMNT. INST. NO. D212062241 SANITARY SEWER ESMT. PROPOSED �II 5264V.546OL CHAIN LINK �� I FENCE (TYP.) _ INSTApLL §§ASTENT CCESS1GArE PER RETAI �— — 1.71 2.� r r PROPOSED ROUND 2-3/8" FENCE POST (TYPJ 1 $" — 1 vse ry�T`� 1.5 SYMBOL SHOWN ES OOR NLY N.T.S.�11 SOUTHERN PROPERTY LINE — — —800— — — — EXIST MINOR CONTOUR 800 EXIST MAJOR CONTOUR 800PROPOSED MINOR CONTOUR 800 PROPOSED MAJOR CONTOUR COPYRIGHT'02023 BY SHIELD ENGINEERING GROUP PLLC. TBPE F-11039 S TBPLS 10193890 PROPOSED FLEX BASE /GRAVEL AREA PROPERTY BOUNDARY CHAIN LINK FENCE CHAIN LINK FENCE POSTS EASEMENT NOTES: 1. PRE -CONSTRUCTION AND POST -CONSTRUCTION TV MUST BE PERFORMED PER SPECIFICATION 01 32 33. DOCUMENTS MUST BE EMAILED TO THE WATER DEPARTMENT AND THE TV THUMB DRIVES MUST BE SENT TO THE WATER DEPARTMENT AT 311 WEST 10TH STREET FORT WORTH, TX 76102. 2. CONTRACTOR MUST ADHERE TO CLOSEOUT PROCESS PER SPECIFICATION 01 77 19. 3. CONTRACTOR TO PROVIDE POST CONSTRUCTION DOCUMENTATION OF FIELD CONDITIONS AT THE MANHOLES, CLEANOUTS, ETC. POST CONSTRUCTION DOCUMENTATION MUST BE PROVIDED PER SPECIFICATION 01 78 39. HARD COPY REDLINED PLANS MUST BE SUBMITTED TO THE WATER DEPARTMENT AT 311 WEST 10TH STREET FORT WORTH, TX 76102. FINAL MARKED UP PLANS OR FINAL REVISED PLANS INCLUDING FIELD CHANGES, CHANGE ORDERS, ETC. MUST BE SUBMITTED TO WATER DEPARTMENT AT 311 WEST 10TH STREET FORT WORTH, TX 76102. 4. CONTRACTOR WILL NEED TO DOCUMENT EXISTING FIELD CONDITIONS PER CITY OF FORT WORTH STANDARD, PRIOR TO CONSTRUCTION AND DO THE SAME AFTER CONSTRUCTION. 5. ANY FURTHER IMPACTS/ AND OR CHANGED TO THE PLANS THAT WOULD RESULT IN ADJUSTMENTS WOULD REQUIRE A PRE -QUALIFIED CONTRACTOR BY THE WATER DEPARTMENT OF THE CITY OF FORT WORTH AND MUST ADHERE TO THE FOLLOWING CITY OF FORT WORTH SPECIFICATIONS: 33 05 13, 33 05 14 AND 33 0517. 6. OWNER TO ENSURE NO PARKING OR ACTIVITIES SHALL OCCUR WITHIN THE EASEMENT AREA. 7. OWNER TO ENSURE ALL PARKED VEHICLES MUST BE READY TO GET ON THE ROAD AT A MOMENT'S NOTICE. 8. OWNER TO ENSURE NO JUNK VEHICLE PARKING SHALL OCCUR. 9. OWNER CONTACT PHONE NUMBER FOR ACCESS TO THE EASEMENT IS: 214-392-2804 SHIELD ENGINEERING GROUP 1wlww�nw•t.ulrinwuw O 0 40 80 120 GRAPHIC SCALE IN FEET FORT WORTH, TEXAS DATE: 2/7/2024 EXHIBIT C ENCROACHMENT PLAN AND PROFILE BARB WIRE NOTES: SUPPORT AflM BAflB WIflE GATE POST .375" ROUND ROD r 1 90" O.D. PIPE 1. GATE MANUFACTURER SHALL FURNISH HINGES AND HINGE BOLTS. / I�IIII 2. GATE MANUFACTURER SHALL FURNISH SLIDING LATCHES FOR GATE. 3. CONTRACTOR SHALL FURNISH GALVANIZED CHAIN AND TEMPORARY CONSTRUCTION LOCK FOR GATES REQUIRED. LOCKS SHALL BE IDENTICAL FOR ALL GATES. OWNER WILL PROVIDE PERMANENT LOCKS UNTIL PROJECTS FINAL COMPLETION. 4. STRETCH POST SHALL BE PLACED AT CORNERS, GATES AND STEEP GRADE CHANGES. I III O.D. PIPE �L I flit (2) 8' WIDE METAL STRETCH POST SHALL ALSO BE PLACED AS NEEDED TO ENSURE THE STABILITY OF THE I III 12" 16' 1111 GATES FENCE. z}� L,7 OPENING ----ruJ 5. METAL END, CORNER AND PULL POST SHALL BE A MINIMUM OF 2 INCHES INSIDE DIAMETER FOR 72" 1z'• FOR 7z'• (3.65#/FT). TUBULAR POSTS SHALL BE FITTED WITH WATER TIGHT MALLEABLE IRON CAPS. 14" FOR 84" 14" FOR 84" 16" FOR GB" DOUBLE SWING GATE Lt 16" FOR 98" 6. BRACES SHALL BE A MINIMUM OF 1.251NCHES INSIDE DIAMETER (2.27#/FT). TO BE USED WERE SWINGING CLEARANCE IS LIMITED EASEMENT ACCESS GATE 7. FASTENERS FOR SECURING BARBED WIRE TO METAL POST SHALL BE A MINIMUM OF 11 GAUGE GALVANIZED STEEL WIRE. TIE WIRE (6 GA.) 24" O.C. 7 TO BE USED TO TIE FENCE TIE WIRE 6 GA. 24" O.C. FABRIC TO BRACE RAIL ( ) TO BE USED TO TIE FENCE FABRIC TO THE TOP RAIL BARB WIRE SUPPORT ARM BARB WIRE BRACE RAIL 2.875" O.D. 1.660 O.D. 2.375" O.D. BRACE POST LINE POST TOP RAIL 2.375" O.D. /- LINE POST SHIELD iiiO4 lNOINEERINO OROUP TIES TO BEFABRICN CENTERS 0 400 800 1200 TENSION WIRE - #7 GA TIE ROD .375 DIA. . c GRAPHIC SCALE IN FEET e I II I WITH TURNBUCKLE IIII IIII I p I n LI POST SPACING PER EXHIBIT C III I o I I I rrEND' CORNS OR I LI I 1 U 1 m JPOSTA� FORT WORTH, TEXAS 10" FOR 72" 10" FOR 72" 3" MIN. 12" FOR 72" 12" FOR 84" 12" FOR 96" MIN. DATE: 6/5/2023 14" FOR 84" 14" FOR 96" 14" FOR 96" 16" FOR 96" EXHIBIT C ELEVATION VIEW ENCROACHMENT PLAN EASEMENT FENCING AND PROFILE COPYRIGHT (92023 BY SHIELD ENGINEERING GROUP PLLC. TBPE F-11039 S TBPL3 10193890 EXHIBIT B Certificate of Insurance Tier iI Easement Encroachment Agreement Page 11 of I I Revised 12/2022