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HomeMy WebLinkAboutContract 61408Date Received: 5/15/2024 Record Number: PN23-00020 Time Received: 11:10 a.m. City Secretary No.: 61408 PUBLIC PROPERTY RIGHT-OF-WAY ENCROACHMENT LICENSE AGREEMENT TIER II THIS AGREEMENT is made and entered into by and between THE CITY OF FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"), acting by and through its duly authorized City Manager, Assistant City Manager, or Director of the Development Services Department, and CPIV-1833 Stella, 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 1832 & 1833 Stella Street, Fort Worth, Texas 76104 ("Property"), recorded in Deed Records, by Instrument Number D223028894, in Tarrant County, Texas being more particularly described in the attached Exhibit "A" which is incorporated herein for all purposes; and WHEREAS, the City owns a right of way (the "Public Property") adjacent to the Property as shown in the attached Exhibit `B," which is incorporated herein for all purposes, and as recorded in the deed records of Tarrant County in Volume 388, Page 79and WHEREAS, Licensee desires to construct, place, and maintain certain improvements which will encroach in, on, above, or below the Public Property; and WHEREAS, to accommodate the needs of the Licensee, the City will allow the encroachment under the terms and conditions as set forth in this Agreement. NOW, THEREFORE, the City and Licensee agree as follows: AGREEMENT 1. The City, in consideration of the payment by Licensee of the fee set out below and covenants and agreements hereinafter contained to be kept and performed by Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and occupy a portion of the City's Public Property as described in and at the location shown on Exhibit "C," but only to the extent shown thereon, for the purpose of constructing, installing, and maintaining a portion of a building and part of a HVAC unit (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be OFFICIAL RECORD Tier II ROW Encroachment Agreement CITY SECRETARY Page 1 of 17 Revised 12/2022 FT. WORTH, TX 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 "C." 2. All construction, installation, maintenance, and operation of the Encroachment and the use or occupancy of the Public Property shall comply with and be performed in strict compliance with this Agreement and with the charter, ordinances, codes, and policies of the City. Prior to the construction or installation of the Encroachment, Licensee shall submit all plans and specifications to the Director of the Development Services Department or duly authorized representative. Licensee shall not commence construction or installation of the Encroachment nor make any use of the Public Property until after the execution of this Agreement. 3. Licensee, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or future utilities affected by such Encroachment and the use and occupancy of the Public Property, including the securing the approval and consent of the appropriate utility companies and agencies of the State of Texas and its political subdivisions. In the event that any installation, reinstallation, relocation, or repair of any existing or future utility or improvements owned by or constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance, or existence of the Encroachment and use of Public Property, Licensee shall pay to City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department, or their duly authorized representative. 4. Licensee agrees that City may enter and utilize the Public Property at any time for any public purpose, including installing, repairing, replacing, or maintaining improvements to its public facilities or utilities necessary for the health, safety, and welfare of the public. The City shall have no responsibility or liability for any damages related to the Encroachment resulting from the City's use of the Public Property; however, the City shall make reasonable efforts to minimize such damage. 5. 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 Tier II ROW Encroachment Agreement Page 2 of 17 Revised 12/2022 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). Additionally, Licensee agrees to pay a fee in the amount of $2.00 per square/linear foot of the encroachment area upon execution of this Agreement and annually thereafter. 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 presently contemplated or not, that the parties agree to negotiate in good faith in order to accommodate both the Encroachment and the public purpose. Tier II ROW Encroachment Agreement Page 3 of 17 Revised 12/2022 9. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES. 10. While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance naming City as certificate holder as proof that is has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and described in Exhibit "C." The amounts of such insurance shall be not less than $1,000,000 with the understanding and agreement by Licensee that such insurance amounts may be revised upward at City's option and that Licensee shall so revise such amounts immediately following notice to Licensee of such requirement. Such insurance policy shall not be canceled or amended without at least thirty (30) days prior written notice to the Building Official of the City. A copy of such Certificate of Insurance is attached as Exhibit "D" and incorporated herein for all purposes. Licensee agrees, binds, and obligates itself and its successors and assigns to maintain and keep in force such public liability insurance at all times during the term of this Agreement and until the removal of the Encroachment and restoration of the Public Property. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. Tier II ROW Encroachment Agreement Page 4 of 17 Revised 12/2022 11. Licensee agrees to deposit with the City when this Agreement is executed a sufficient sum of money to be used to pay necessary fees to record this Agreement in the real property records of the county in which the Encroachment is located. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. 12. Licensee agrees to comply fully with all applicable federal, state, and local laws, statutes, ordinances, codes, and regulations in connection with the construction, operation, and maintenance of the Encroachment and use of the Public Property. 13. Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for by this Agreement or by any federal, state, or local statute, law, or regulation. 14. Licensee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant, or employee of City, and Licensee shall have exclusive control of and the exclusive right to control the details of its operations, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. The doctrine of respondeat superior shall not apply as between City and Licensee, its officers, agents, servants, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Licensee. 15. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain, and locate the Encroachment over or within the Public Property and is not a conveyance of any right, title, or interest in or to the Public Property, nor is it meant to convey any right to use or occupy property in which a third -party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. 16. In any action brought by the City for the enforcement of the obligations of the Licensee, City shall be entitled to recover interest and reasonable attorneys' fees. Tier II ROW Encroachment Agreement Page 5 of 17 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 ROW Encroachment Agreement Page 6 of 17 Revised 12/2022 City: CITY OF FORT WORTH By• Dalton Hav 14, 202418:12 CDT) D.J. Harrell, Director of the Development Services Department Date: May 14, 2024 ATTEST Jannette Goodall, City Secretary Date: May 15, 2024 Q,a.6vvpnn� p� �FORt��9d0 �o Pv8 °=4 OP * 00 000 *�d d � aQ4d nEXA?o4b Tier II ROW Encroachment Agreement Licensee: CPIV-1833 Stella, LLC A Texas limited liability company By: CPIV Fund I GP, LLC A Texas limited liability company Its general partner By: ame: Kavish Wazirali Title: _Manager Date: Name: Adam Abushagur Title: Manager Date: By:� �I Noe: Mohmmad F, Wazirali Title: Manager Date: 7'/7/ Z —) Approved As To Form and Legality Jeremy Anato-Mensah Assistant City Attorney Date: May 14, 2024 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 5 Revised 12/2022 City: Licensee: CITY OF FORT WORTH CPIV-1833 Stella, LLC A Texas limited liability company By: CPIV Fund I GP, LLC A Texas limited Iiability company Its general partner By: By: D.J. Harrell, Director of the Name: Kavish Wazirali Development Services Department Title: Manager Date: Date: Byeame.Adam -- - Abushagur Title: Manager Dat L -10 l 9j�� By: Name: Mohmmad F, Wazirali Title: Manager Date: ATTEST: Approved As To Form and Legality Jannette Goodall, Jeremy Anato-Mensah City Secretary Assistant City Attorney Date: Date: Tier II ROW Encroachment Agreement Page I of 5 Revised 12/2022 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. -S,I^ Rebecca Owen (May 14, 2024 16:24 CDT) Rebecca Owen Development Services Date: May 14, 2024 Tier II ROW Encroachment Agreement Page 8 of 17 Revised 12/2022 ibyVIaIALIJNkoj4MU"i4tl:&IJWWLaDR uU 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 14th day of May .2024 o�PRYP�e� KATHLEEN BRADFORD _ Notary Public STATE OF TEXAS 9�oF�P Notary I.D. 12197197 My Comm. Exp. Apr. 12, 2027 Notary Public in and for the State of Texas ` . . . After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 Tier II ROW Encroachment Agreement Page 9 of 17 Revised 12/2022 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of '—\e-y- cV) , on this day personally appeared Kavish Wazirali, 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 CPIV-1833 Stella, LLC, a Texas limited liability company (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this `(,so, day of N\11�; 2024. (�) j E-."W YASMEEN RAJWANI Notary Public in and for the Notary ID #128757009 My Commission Expires State of / May 9, 2026 i �o " .A- APWdP"qW0% Tier II ROW Encroachment Agreement Page 2 of 5 Revised 12/2022 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of on this day personally appeared Mohammad F. Wazirali, 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 CPIV-1833 Stella, LLC, a Texas limited liability company (entity type), and in the capacity therein stated. s GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2024. Notary Public in and for the �..- LEZ- YASMEEN RAJWANI State of ��' ��, Notary ID #128257009 My Commission Expires May 9, 2026 I IYd;I ". J. - U... ,, I.I ■ Tier II ROW Encroachment Agreement Page 4 of 5 Revised 12/2022 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of -li�M-5 , on this day personally appeared Adam Abushagur, 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 CPIV-1833 Stella, LLC, a Texas limited liability company (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of !k- 2024. jICJ - NotPublic in and for the State of 7� — WS Tier II ROW Encroachment Agreement it Cori Williams My Urnmissaan Expires .. a 05/15/2024 4GF ID No 124481079 Page 3 of S Revised 12/2022 EXHIBIT A Legal Description of the Licensee's Property Tier II ROW Encroachment Agreement Page 14 of 17 Revised 12/2022 EXHIBIT "B" VICINITY MAP EASEMENT ENCROACHMENT BEING A PORTION OF 16'ALLEY GLENWOOD ADDITION VOLUME 63, PAGE 76, P.R.J.C.T. SITUATED IN THE JAMES SANDERSON SURVEY, ABSTRACT NO. 1430 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS V E aRodriguez , TF s eR9 0' 10' 20' 30' 60' ............. SCALE: 1" = 30' iguez.............6 aP: \oF.O`IRoy Rodi q�i ez, R.P.L.S. No. 496 UE�t4i i S U R V E Y I N G V FIRM NUMBER 1014730/3 81 7-659-9206 .w.a.���..<wsuw[rixo.[o✓. WWW.BLU E5TARSURVEYING.CCM JN 23-006AB I SHEET 1 OF 3 1 DATE: 2/13/23 EXHIBIT"B" I I CONTROLLING I MONUMENT IJAMES IANDERS ON SUR Y ABSTRACT NO. 1430 I I IGLENWOOD ADDITION MALONE REVOCABLE TRUST I I -- VOL 63, PG 76 DOC NO D218279794 I I P.R.T.C.T. I D.R.T.C.T. I LOT 8 I LOf 9, LOT 10 LOT 11 I I BLOCK 36 BLOCK 36 BLOCK 36 I BLOCK 36 I I I I I I I I I I I I I IPF to L(DEED CALL 107.35'). I I CONNUMENTTROLLING 89°16'24" W 107.28'BUILDING S QQ°5Q'Q4" E 3.13' -- -- -- MO 1.2"CIRF 16' ALLEY O CONTROLLING N 00°50' 1" W 3.14' MONUMENT N 89°16'50" E 1.39, 600 _ x__ N 89° 16'24" E 80.33' —_ _ x ,_ DEED CALL PLAT CALL 50' t $ 89°16'24" W 71.39' t 1/2" CIRF Z ( ( ) t 'BLUESTAR SURVEYING" s 21.51 (PLAT ALL 50') I(PLAT CALL 34.3I') I P.O, B. PROPERTY LINE I Q I P.O. FEN 224 SQ. FT. OR �J ' W I 0.001 ACRES v l I m METAL BUILDING n] o M I I sr�ps (o ol� I N LL Y I W r I O () CONC W I �ZO h 70 M U m LOT 14 LOT 13 1 m ? I (n I v I a o BLOCK 36 BLOCK 36 i LOT 12 J a H BLOCK 36 I v, " I o l a GNC MANAGEMENT LLC "' v m Z LINDA SUE MYALL DOC NO D217204325 I rr1 I (NO RECORDING FOUND) D.R.T.C.T. I I I GLENWOOD ADDITION I II ASPHALT DESCRIBED IN VOL 63, PG 76 VOL 4912, PG 386 I D.R.T.C.T. P•R.T.C.T. ' 1/2" CIRF M" CIRF I "BLUESTAR SURVEYING" "BLUESTAR SURVEYING" CONC N 42°44'40" W 11.62' I L - (PLAT CALL 50') _ (PLAT CALL 50') L _ (PLAT C_AL_L 0') S 08°44'58" W 15.48' 5/6" IRF 1 / R SURVEYING" I _ S 89°16'24' W 158.96' BLUESTAR SURVEYING" F TEXAS VO 354TE 04,PG623 1832 STELLA STREET ' D.R.T.C.T. (A 60' WIDE PUBLIC RIGHT-OF-WAY) I ASPHALT 4,/ ,'/^ I 9L W E 0* �9J aRodriguez RF�9 0' 10' 20' 30' 60' ............ SCALE: 1" = 30' iguez............ -P :96 \,o..• OEASEMENTENCROACHMENT `I�`'BEING A PORTION OFRoy Rodl�ez, R.P.L.S. No. 496 16' ALLEY .� 13L���'�� GLENWOOD ADDITION VOLUME 63, PAGE 76, P.R.J.C.T. AS U R V E Y I N G SITUATED IN THE FIRM NUMBER 10147300 B 1 7-659-9206 JAMES SANDERSON SURVEY, ABSTRACT NO. 1430 EIZL°' °'°" @•`°`•'°' °'°"'" WWW.BLLJESTAR5LIRVEYING.00M CITY OF FORT WORTH, TARRANT COUNTY, TEXAS JN 23-006AB I SHEET 2 OF 3 I DATE: 2/13/23 eLjiwx» X— X X I�—m r I I I u I I� I I I = PROPERTY Ol-PIP110N — — — �EN—.r'G[1e�w� I 1 aH �mwe won. swop IOEEoeeeLL rw..sl I wroa.ce non w=v,.eawmmp=awe. n / $581 w line — — ryuruusol — �u wLs—aai'1� I nN. r.nc. ane a.ino in n.nw.v wry au xx rvwyns, wen �rcm srecvre.qngnorow.+vml���.n:�.ie'u�or�snw+rmr�wavA�ga�rv��vequmnaa' nnuw I x I 1I n —�I JI W ea�emn.ma a=,rvwmenxaa anwaeamow S,aw��e,.v ebm,maax�ALxe I llvai� ,~Ex�Esxr.,,.E.o� - :��:�jj U � . wx. areeiilxl'iea wa awnm. maae=waremeowae.o�al.m.o..orl.r� — L—sao,rv.xw,exsa— — 1832 STELLA STREET ' L a h I1832 & 1833 STELLA STREET 0.468 ACRES LAND TITLE SURVEY LOT 12, LOT 13, LOT 14, AND A PORTION OF LOT 18, BLOCK 36 ' GLENWOOD ADDITION I SITUATED IN THE AuuosRLHxvwacs JAMES SANDERSON SURVEY, ABSTRACT NO. 1430 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS Rim 4 tir Resyv S U R V E Y e N 0 au....... rz>t EXHIBIT"B" PROPERTY DESCRIPTION BEING a 0.001 acre tract of land situated in the JAMES SANDERSON SURVEY, ABSTRACT NO. 1430, in the City of Fort Worth, Tarrant County, Texas, being a portion of a 16' Alley, as shown on Block 36, Glenwood Addition, an addition in the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in Volume 63, Page 76, Plat Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod with plastic cap stamped "BLUESTAR SURVEYING" found for the common corner of a tract of land described in a deed to GNC Management, LLC, recorded in Document Number D217204325, Deed Records, Tarrant County, Texas, and a tract of land in a deed to Linda Sue Myall no recording found, described in Volume 4912, Page 386, Deed Records, Tarrant County, Texas, said point being in the common line of Lot 15, Block 36, and said 16 foot wide Alley; THENCE N 89°16'24" E, along the north line of said Lot 15, Block 36, and along the south line of said 16 foot wide alley, passing the common corner of said Lot 15, Block 36, and Lot 14, Block 36, of said Glenwood Addition, passing the common corner of Lot 14, Block 36, of said Glenwood Addition, and Lot 13, Block 36, of said Glenwood Addition, and continuing a total distance of 80.33 feet to a point for the POINT OF BEGINNING; THENCE N 00°50'01" W, crossing said 16 foot wide Alley, a distance of 3.14 feet to a point for corner; THENCE N 89016'50" E, crossing said 16 foot wide Alley, a distance of 71.39 feet to a point for corner; THENCE S 00°50'04" E, crossing said 16 foot wide Alley, a distance of 3.13 feet to a point for corner, said point being in the common line of said 16 foot wide Alley, and Lot 12, Block 36, of said Glenwood Addition; THENCE S 89°16'24" W, along the north line of said Lot 12, Block 36, and along the south line of said 16 foot wide alley, passing the common corner of said Lot 12, Block 36, and said Lot 13, Block 36, and continuing a total distance of 71.39 feet to the POINT OF BEGINNING and containing 224 square feet or 0.001 acres of land more or less. NOTES: The basis of bearings for this survey is the Texas State Plane Coordinate System Grid, South Central Zone (4204), North American Datum 1983(2002) NOTE: THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT AND OTHER MATTERS OF RECORD MAY AFFECT THIS PROPERTY. THIS PROPERTY IS SUBJECT TO ANY AND ALL EASEMENTS, RIGHTS -OF -WAY, RESTRICTIONS, COVENANTS, CONDITIONS, RESERVATIONS, RULES AND ORDINANCES THAT MAY BE APPLICABLE TO SAID PROPERTY AND ANY PART THEREOF. NO EFFORT WAS MADE TO LOCATE BURIED OR UNDERGROUND UTILITY STRUCTURES DURING THE PROGRESS OF THIS SURVEY. TO LOCATE UNDERGROUND OR BURIED UTILITIES CALL 811. EASEMENT ENCROACHMENT BEING A PORTION OF 16'ALLEY GLENWOOD ADDITION VOLUME 63, PAGE 76, P.R.J.C.T. SITUATED IN THE JAMES SANDERSON SURVEY, ABSTRACT NO. 1430 CITY OF FORT WORTH. TARRANT COUNTY. TEXAS �E S T ............................. Roy Rodriguez SUR`I Roy Rodr q�i ez, R.P.L.S. No. 96 AOL UEA�04R AS U P. V E Y I N G FIRM NUMBER 1014730/3 81 7-659-9206 WWW.BLLIE5TARSURVEYING.CCM JN 23-006AB I SHEET 3 OF 3 I DATE: 2/13/23 2/16/23, 12:19 PM ArcGIS - Water/Sewer/Reuse Map - Engineering vvaEeq.-,ewer/r,euse map uunzeu oy Erie cngineenng group 40ft City of Fort Worth I City of Fort Worth, Esri., Inc. https://fortworthwater.maps.arcgis.com/home/webmap/print.htmi 1 /1 2/16/23, 12:23 PM Go gle Maps 309 Cromwell St Looking west from Cromwell St ROW �\ �rr�� �- ••r DOD 3LE w 287 309 Cromwell St- Google Maps Image capture: Sep 2018 © 2023 Google https://www.google.com/maps/@32.7415171,-97.3009912,3a,75y,265.67h,77.56Vdata=!3m6! 1 e 1 !3m4! 1 sTugYmrJhBreLncFcKUZVCQ!2eO!7i l6384!8i8l92 1 /1 EXHIBIT B Certificate of Insurance Tier II ROW Encroachment Agreement Page 17 of 17 Revised 12/2022