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HomeMy WebLinkAboutContract 62426Date Received: 12/11/2024 Record Number: PN24-00124 Time Received: 11:00 a.m. City Secretary No.: 62426 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER II THIS AGREEMENT is made and entered into by and between THE CITY OF FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"), acting by and through its duly authorized City Manager, Assistant City Manager, or Director of the Development Services Department, and North Riverside Office Village, LLC, a Texas limited liability company ("Licensee"), acting by and through its duly authorized signatory. RECITALS WHEREAS, Licensee is the owner of the real property located at 8498 North Riverside Drive, Fort Worth, Texas 76244 ("Property"), being more particularly described as, Lot 1, Block 1, of O'Donnel's Addition, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Deed Records, by Instrument Number D223196090; and WHEREAS, the City owns a water and sanitary sewer easement (the "Public Property") adjacent to the Property, dedicated by plat, depicted on the final plat of the property (FP-14-045) recorded in the plat records of Tarrant County by Instrument Number D215078534 and WHEREAS, Licensee desires to construct, place, and maintain certain improvements which will encroach in, on, above, or below the Public Property; and WHEREAS, to accommodate the needs of the Licensee, the City will allow the encroachment under the terms and conditions as set forth in this Agreement. NOW, THEREFORE, the City and Licensee agree as follows: AGREEMENT 1. The City, in consideration of the payment by Licensee of the fee set out below and covenants and agreements hereinafter contained to be kept and performed by Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and occupy a portion of the City's Public Property as described in and at the location shown on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing, installing, and maintaining a water line, sanitary sewer and storm drain (the Tier 11 Easement Encroachment Agreement OFFICIAL RECORD Page 1 of 11 CITY SECRETARY Revised 12/2022 FT. WORTH, TX "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. ►� 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 Tier II Easement Encroachment Agreement Page 2 of 11 Revised 12/2022 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 presently contemplated or not, that the parties agree to negotiate in good faith in order to accommodate both the Encroachment and the public purpose. Tier II Easement Encroachment Agreement Page 3 of 11 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 "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 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 Easement Encroachment Agreement Page 4 of 11 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 H 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 H Easement Encroachment Agreement Page 6 of 11 Revised 12/2022 Licensee: North Riverside Office Village LLC a Texas limited liability company By: Delores Hunt Member Date: STATE OF COUNTY OF BEFORE ME, the undersigned authority, a Notary Public in and for the State of on this day personally appeared Delores Hunt, Member 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 North Riverside Office Village, LLC, a limited liability company, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of �)cGe''(`(\bu(, 2024. Notary Public in and for the State of >C a S Tier II Easement Encroachment Agreement y i ALYSSA CHEATHAM R�o, .' 2gPY PV6�i _NotarY Public, State of Texas - m., e? Comm. Expires 01-26-2028 _ Notary ID 134733305 Page 8 of 11 Revised 12/2022 EXECUTED to be effective on the date signed by the City's Director of Development Services Department City: CITY OF FORT WORTH By: Dalton Hec 10, 202412:27 CST) D. J. Harrell Director, Development Services Department Date: Dec 10, 2024 nIlIl e� �FORT�9dd Od ATTEST: ono =o Approved As To Form and Legality Jannette Goodall, Hye Won Kim City Secretary 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. Rebecca Owen (Dec 10, 2024 07:55 CST) Rebecca Owen Development Services Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II Easement Encroachment Agreement IPage 7 of 11 Revised 12/2022 N C 1 by V_l!1 W O 1j'.'& l Y 11'' U1 a am -,m &I'm to V:lU 0101 Lei xIly Buj 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 loth day of December , 2024. Wendy Bear ee (Dec 10, 202416:24 CST) Notary Public in and for the State of Texas After recording return to: Development Services Department Contract Management 100 Fort Worth Trail -------------- o,�p,RYPGe/ WENDY L BEARDSLEE 2 Notary Public • * STATE OF TEXAS 3 GV y Notary I.D. 13323719-3 9jFoF My Comm. Exp. July 28, 2025 ' Fort Worth, Texas 76102 Tier H Easement Encroachment Agreement Page 9 of 11 Revised 12/2022 EXHIBIT A Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page 10 of 11 Revised 12/2022 \•i rm + � Mow �/I/III •// III, �� C o \w M Lu z _ W ETA - 8 1 I IIIIIIIIIIIIIIIIIIII N TARRANT PKWY _ mm __lilnllllill lillllll PROJECT LOCATION Z IIIIIIIIIIIIuII 0H IIIIIIII z w n THOMPSON RD illllliill � ml/I�1 OWNER RIVERSIDE OFFICE VILLAGE, LLC 3406 N TARRANT PKWY, SUITE 210 FORT WORTH TX, 76177 PHONE: (972) 877-2640 CONTACT: BILL PANTUSO EXHIBIT A LOCATION MAP NOT TO SCALE RIVERSIDE OFFICE VILLAGE CITY OF FORT WORTH TARRANT COUNTY, TEXAS Kirnkely,u)) Horn RIVERSIDE OFFICE VILLAGE 250 EAST DAVIS STREET PREPARED FOR MCKINNEY, TEXAS 75069 RIVERSIDE OFFICE VILLAGE, LLC TEXAS REGISTERED ENGINEERING FIRM F-928 © 2024 KIMLEY-HORN AND ASSOCIATES, INC. TEL: (469) 301-2582 TARRANT COUNTY, TEXAS EXHIBIT A LOCATION MAP 05/29/2024 GRAPHIC SCALE IN FEET 0 30 60 120 I �W- LIJ ---- -� W= � J �I I L LS #1 ~ i ENCROACHMENT#1 ENCROACHMENT #2 ENCROACHMENT #3 O O N RIVERSIDE DR - ENCROACHMENT EXHIBIT FORT WORTH, TEXAS SEPTEMBER 2024 Kimley>>)Warn 260 East Davis Street Suite 100 McKinney, Texas 76M 469J01-2585 Slate of Texas Registration M. F-928 eLEGEND OF ABBREVIATIONS • D.R.T.C.T. DEED RECORDS, TARRANT COUNTY, TEXAS • P.R.T.C.T. PLAT RECORDS, TARRANT COUNTY, TEXAS I • O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS I • DOC.# DOCUMENT NUMBER • C.M. CONTROLLING MONUMENT • SQ. FT. SQUARE FEET • ROW RIGHT OF WAY • CRS CAPPED REBAR SET 0 15' 30' NOTE: SCALE: 1" = 30' Bearings are based on the State Plane Coordinate System, Texas North Central Zone (4202) North American Datum of 1983 (NAD'83), with a combined scale factor of 1.00012 LOT 4, BLOCK 2 \ \ O'DONNEL'S ADDITION \ \ DOC.#D219065854 P.R.T.C.T. — — — — — — 1/2" REBAR "RPLS 4701" \ o i (C.M.)co eW NORTH RIVERSIDE OFFICE VILLAGE, LLC DOC.# D223196090 O,P.R.T.C.T. LOT 3, BLOCK 2 O'DONNEL'S ADDITION DOC.#D219065854 P.R.T.C.T. \ \ T N90000'00"E Z 22.34' \ + N524522"E 17.33' 1/2" REBAR POINT OF I 'RPLS 4701" BEGINNING \ (C.M.) 1N00000'00'B S00°00'00"E 14.53' ENCROACHMENT #1 0.007 ACRES 324 SQ. FT. 14.52' S89°58'48"W 22.34' 25' WATER & SANITARY SEWER EASEMENT (DOC.# 0215075701, O.P.R.T.C.T.) PREPARED FOR: +` rA ANAGAN \� Page 1 of 2 Port Worth, Texas I P:817.704,0480 1 flanagan-Is.com I TBPE Firm No. 22910 ENCROACHMENT #1 01 — 324 SQUARE FEET TRACT OUT OF THE C.C. WHYTE SURVEY ABSTRACT #1611 CITY OF FORT WORTH I TARRANT COUNTY, TEXAS DRAWN BY: SMW DATE: JUNE 20, 2024 JOB NO.: 2024.146.008 P: \Survey\146 — Flanagan Land Solutions\2024\008 — N Riverside Dr\Drawings i/ ENCROACHMENT #1 324 SQUARE FEET TRACT OUT OF THE C.C. WHYTE SURVEY ABSTRACT #1611 CITY OF FORT WORTH TARRANT COUNTY, TEXAS PROPERTY DESCRIPTION BEING a tract of land out of the in the C.C. Whyte Survey, Abstract Number 1611, in the City of Fort Worth, Tarrant County, Texas, being a portion of that tract of land described by deed to North Riverside Office Village, LLC, as recorded under Document Number D223196090, Official Public Records, Tarrant County, Texas, (O.P.R.T.C.T.), the subject property being more particularly described by metes and bounds as follows (bearings are based on State Plane Coordinate System, Texas North Central Zone (4202), North America Datum of 1983 (NAD'83)): BEGINNING at a point within said North Riverside tract for the northwest corner of the herein described tract, from which a 1/2 inch rebar with cap stamped "RPLS 4701" found for the northernmost northeast corner of said North Riverside tract bears North 02 degrees 15 minutes 23 seconds East, a distance of 68.06 feet; THENCE through the interior of said North Riverside tract, the following calls: 1.North 90 degrees 00 minutes 00 seconds East, a distance of 22.34 feet to a point from which a 1/2 inch rebar with cap stamped "RPLS 4701" found for a re-entrant corner of said North Riverside tract bears North 52 degrees 45 minutes 22 seconds East, a distance of 17.33 feet; 2.South 00 degrees 00 minutes 00 seconds East, a distance of 14.52 feet; 3.South 89 degrees 58 minutes 00 seconds West, a distance of 22.34 feet; 4.North 00 degrees 00 minutes 00 seconds East, a distance of 14.53 feet returning to the POINT OF BEGINNING and enclosing 0.007 acres (324 square feet) of land, more or less. SURVEYOR'S CERTIFICATE This is to certify that I, John H. Barton III, a Registered Professional Land Surveyor of the State of Texas, have prepared this map from an actual survey on the ground, and that this map correctly represents that survey made by me or under my direction and supervision. Date of Plat/Map: June 21, 2024 �E . OF • TF 0 OHN .HOMER._BARTON ,II :0 6737 John arton III, RPLS# 6737 y �0, Ess���P SU?'\J Page 2 of 2 \\11P.\Su—y\146 — n-aq- Lmid SdWti—\2D24\D08 — N RI —Id. D,\DMwMge 4EG7ENDOFABBREVIATIONS • T. DEED RECORDS, TARRANT COUNTY, TEXAS • T. PLAT RECORDS, TARRANT COUNTY, TEXAS • ....C.T. OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS • DOCM DOCUMENT NUMBER • C.M. CONTROLLING MONUMENT • SQ. FT. SQUARE FEET • ROW RIGHT OF WAY • CRS CAPPED REBAR SET 11 REBAR "RPLS 4701' (C.M.) 0 15' 30' --------------- NOTE: SCALE: V = 30' Bearings are based on the State Plane Coordinate System, Texas North Central Zone (4202) North American Datum of 1983 (NAD'83), with a combined scale factor of 1.00012 LOT 3, BLOCK 2 LOT 2, BLOCK 2 O'DONNEL'S ADDITION ADDITION OOC. DOC. #D219065854 D # 21 OCD8113606 P.R.T.C.T. P.R.T.C.T. \ N89052'38"E I I0.00' ^ � POINT OF \ BEGINNING 1/2" REBAR 112' REBAR 'RPLS 4701' 'BRITTAIN CRAWFORD* \ (C-M.) _ _ �(C.M.) N63 02'52E r N8324'53'W 48.96' 12.40' I S00°07'22"E 19.39' N0000722"W 19.37' S89058'48 "W 25' WATER & SANITARY SEWER EASEMENT ENCRMC"HMENT #2 (DOC.# D215075701, O.P.R.T.C.T.) _0.004 ACRES 194 SQ. FT. PREPARED FOR: +\\\\\ rLANAGAN Page 1 of 2 Fort Worth, Texas I P'.817.704.0480 I flanagan-Is.com I TBPE Firm No. 22910 P:\Survey\146 — Flanagan Land Solutions\2024\008 — N Riverside Dr\Drawings NORTH RIVE OFFICE VILLA( DOC.# D2231 O.P.R.T.0 ENCROACHMENT #2 194 SQUARE FEET TRACT OUT OF THE C.C. WHYTE SURVEY ABSTRACT #1611 CITY OF FORT WORTH TARRANT COUNTY, TEXAS DRAWN BY: SMW DATE: JUNE 20, 2024 JOB NO.: 2024.146.008 ENCROACHMENT #2 194 SQUARE FEET TRACT OUT OF THE C.C. WHYTE SURVEY ABSTRACT #1611 CITY OF FORT WORTH TARRANT COUNTY, TEXAS PROPERTY DESCRIPTION BEING a tract of land out of the in the C.C. Whyte Survey, Abstract Number 1611, in the City of Fort Worth, Tarrant County, Texas, being a portion of that tract of land described by deed to North Riverside Office Village, LLC, as recorded under Document Number D223196090, Official Public Records, Tarrant County, Texas, (O.P.R.T.C.T.), the subject property being more particularly described by metes and bounds as follows (bearings are based on State Plane Coordinate System, Texas North Central Zone (4202), North America Datum of 1983 (NAD'83)): BEGINNING at a point within said North Riverside tract for the northwest corner of the herein described tract, from which a 1/2 inch rebar with cap stamped "RPLS 4701" found for a re-entrant corner of said North Riverside tract bears North 83 degrees 24 minutes 53 seconds West, a distance of 48.96 feet; THENCE through the interior of said North Riverside tract, the following calls: 1. North 89 degrees 52 minutes 38 seconds East, a distance of 10.00 feet to a point from which a 1/2 inch rebar with cap stamped "BRITTAIN CRAWFORD" found for the southeast corner of Lot 3 in Block 2 of O'Donnel's Addition, an addition in the City of Fort Worth, Tarrant County, Texas, according to the plat recorded under Document Number D219065854, Plat Records, Tarrant County, Texas, (P.R.T.C.T.), bears North 63 degrees 02 minutes 52 seconds East, a distance of 12.40; 2. South 00 degrees 07 minutes 22 seconds East, a distance of 19.39 feet; 3. South 89 degrees 58 minutes 48 seconds West, a distance of 10.00 feet; 4. North 00 degrees 07 minutes 22 seconds West, a distance of 19.37 feet, returning to the POINT OF BEGINNING and enclosing 0.004 acres (194 square feet) of land, more or less. SURVEYOR'S CERTIFICATE This is to certify that I, John H. Barton III, a Registered Professional Land Surveyor of the State of Texas, have prepared this map from an actual survey on the ground, and that this map correctly represents that survey made by me or under my direction and supervision. Date of Plat/Map: June 21, 2024 OF. T� o ......................... OHN HOMER BARTON III John arton III, RPLS# 6737 "O 6737 OFfSs�o��O� SURv / Page 2 of 2 P. \Survey\M - FT —gm LWM SO4vt1..\2024\008 - N ffl a lde D,\Dr—Mp /'/ LOT 2, BLOCK 2 O'DONNEL'S ADDITION DOC.#D218113606 P.R.T.C.T. LOT 3, BLOCK 2 O'DONNEL'S ADDITION DOC # D219065854 P.R.T.C.T. 25' WATER & SANITARY SEWER EASEMENT (DOC.# 0215075701, O.P.R.T.C.T.) POINT OF 1489"58'48"E 1/2' REBAR BEGINNING 57,22' "BRITiA1N CRAWFORD' S(C.M.) S89'58'48'w 97.90' f NOOa05'23 "W 8.47' — — ENCROACHMENT #4 — — 0.015 ACRES 651 SQ. FT. S8905437"W _ 35.30' NORTH RIVERSIDE OFFICE VILLAGE, LLC N00a07'22"W DOCA D223196090 16.5T O.P.R.T.C.T. S89a58'48"W 10.00, LEGEND OF ABBREVIATIONS • D.R.T.C.T. DEED RECORDS, TARRANT COUNTY, TEXAS • P.R.T.C.T. PLAT RECORDS, TARRANT COUNTY, TEXAS • O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS • DOCM DOCUMENT NUMBER • C.M. CONTROLLING MONUMENT • SQ. FT. SQUARE FEET 0 IS' 30' • ROW RIGHT OF WAY ; • CRS CAPPED REBAR SET SCALE: 1" = 30' NOTE: Bearings are based on the State Plane Coordinate System, Texas North Central Zone (4202) North American Datum of 1983 (NAD'83), with a combined scale factor of 1.00012 H v, I 0 0 N J z Q z� 5zCc I Nr I ¢a U O h OfW m:d M mOf 0 W� a� 3 PREPARED FOR: rL.141VADAIV Page 1 of 2 Fort Worth, Texas I P:B17.704 0480 I flanagan4s.com I TBPE Firm No. 22910 P:\Survey\146 — Flanagan Land Solutions\2024\008 — N Riverside Dr\Drawings LOT 1, BLOCK 2 O'DONNEL'S ADDITION DOC. #D218073540 P.R.T.C.T. S00a02'29"E 1/2" REBAR (C.M.) 8.40'- I S89a54'37"W I 9.85' S44 a53'37"W 2.93' S00a07'22"E I 14,52' ENCROACHMENT # 3 651 SQUARE FEET TRACT OUT OF THE C.C. WHYTE SURVEY ABSTRACT #1611 CITY OF FORT WORTH TARRANT COUNTY, TEXAS DRAWN BY: SMW DATE: JUNE 20, 2024 JOB NO.: 2024.146.008 ENCROACHMENT # 3 651 SQUARE FEET TRACT OUT OF THE C.C. WHYTE SURVEY ABSTRACT #1611 CITY OF FORT WORTH TARRANT COUNTY, TEXAS PROPERTY DESCRIPTION BEING a tract of land out of the in the C.C. Whyte Survey, Abstract Number 1611, in the City of Fort Worth, Tarrant County, Texas, being a portion of that tract of land described by deed to North Riverside Office Village, LLC, as recorded under Document Number D223196090, Official Public Records, Tarrant County, Texas, (O.P.R.T.C.T.), the subject property being more particularly described by metes and bounds as follows (bearings are based on State Plane Coordinate System, Texas North Central Zone (4202), North America Datum of 1983 (NAD '83)): BEGINNING at a point in the north line of said North Riverside tract for the northwest corner of the herein described tract, from which a 1/2 inch rebar with cap stamped "BRITTAIN CRAWFORD" found for the southeast corner of Lot 3, Block 2 of O'Donnel's Addition, recorded under Document Number D219065854, Plat Records, Tarrant County, Texas, (P.R.T.C.T.), bears South 89 degrees 58 minutes 48 seconds West, a distance of 97.90 feet; THENCE North 89 degrees 58 minutes 48 seconds East, a distance of 57.22 feet to a 1/2 inch rebar found for the easternmost northeast corner of said North Riverside tract; THENCE South 00 degrees 02 minutes 29 seconds East, a distance of 8.40 feet; THENCE through the interior of said North Riverside tract, the following calls: 1. South 89 degrees 54 minutes 37 seconds West, a distance of 9.85 feet; 2. South 44 degrees 53 minutes 37 second West, a distance of 2.93 feet; 3. South 00 degrees 07 minutes 22 seconds East, a distance of 14.52 feet; 4. South 89 degrees 58 minutes 48 seconds West, a distance of 10.00 feet; 5. North 00 degrees 07 minutes 22 seconds West, a distance of 16.57 feet; 6. South 89 degrees 54 minutes 37 seconds West, a distance of 35.30 feet; 7. North 00 degrees 05 minutes 23 seconds West, a distance of 8.47 feet, returning to the POINT OF BEGINNING and enclosing 0.015 acres (651 square feet) of land, more or less. SURVEYOR'S CERTIFICATE This is to certify that I, John H. Barton III, a Registered Professional Land Surveyor of the State of Texas, have prepared this map from an actual survey on the ground, and that this map correctly represents that survey made by me or under my direction and supervision. Date of Plat/Map: June 21, 2024 OF T OHN _H0MER..BART0N .III John H. on III, RPLS# 6737 �: o� 6737 OF �. Page 2of2 {/ R %S y\146 — Rm gm Lm d Shona\2024\006 — N Rl"mWe Dr\Drawings /�/ O 10-) 10) 10) G) I v v -,J --4 4 00 OD (D (o O O -� --.X Cn O (n O Cn O (n O 0 o I� ti o z -° X�m-Di m O c� Dyrm X p -n O + i i i -� �I T T T � 'C --I � m o ( ( �O(nm 0' D D O 0 C � 0 a D <c)::E �00 tn=„r L m�mz �Do� m O � n STA: 1+59.72 LINE WA-B = ' 45BEND I _ 4.8' mZ +3 ----- o-t - W G 45° BEND — co ( — Cn O 4 OD co CD (o O O 'y 11 cn o Cn O Cn O Cn O (n 0') ('i O') 0-) 0') -4 v 'J -4 4 00 00 O CD O O 1 Cn O m O (n O cp O O + 0 STA: 0+78.36 LINE SS -A FL 6" IN, 687.71 INOA---------CONNECT FL 8" IN: 684:3 i TO EX MANHOLE WITH fT1 - EXTERNA►DROP. (PUBLK,) z s 2 BEGIN 6=' EANITARY SEWER EXTENSION r— n + FL 6"OUT: 68L_o0 j �' WFST (an 1 nn% rRAnF o FL 6" IN-- 688.1,5 —� BYnTHFr� Z FL 4" 7N: 688.3 3 , y -� n" I n RIM 696.1 ) FL 6" OUT: 6861 < ° n STA. 1+00.00 LINE SS -A �^ = FL 6" IN 688.31 1 0 --4 I V, 1 rn— M x z r o° STA: 1+00.00 SS LAT B --r X -u b� p +� �. INSTALL: m j - m m D n n' i cn .m -T 1- 4' DROI` MANHOLE (P[ rBLIC) �— 1 Z cn r O -H o A m, b Q_O PROVIDE r" SS SERVICE m z n m z 9,' NORTHL VEST AT 2 00°lo- GRADE 40, 0 0 '- ° D z, BY OTHEF�a _.— —,--. __ _... a p_ D _ Dp RIM: 697.4 i 1_ - + = p ' m STA: 1+07.�68 LINE SS -A .. O CONNECT TO PUBLIC 6" SS LINE 1 - SINGLE CLEANOUT (PUBLIC) O 01n O (n O I O Cif 101 ( oa 111 M.- RIVERSIDE OFFICE VILLAGE I; Kimley>>> Horn 13 ENCROACHMENT #1 FORT WORTH. TEXAS SEPTEMBER202 om PROFILES P "° PREPARED FOR &c I2 • 5i�s8:0 xr I 9 RIVERSIDE OFFICE VILLAGE, LLC aEcxo er Eri d �",. 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TO . r. - _ HGL: 690.11 FL 18" IN: 687.10 HGL: 690.35 \ STA: 1+41.49 LINE ST-B FL 12' IN: 687.35 STA: 1+00.30 LINE ST-B1 ! INSTALL: I I I - . _1 - 45° WYI= I y - - - -_ - H%:.690.62 N r + STA: 1+99.47 LINE ST-13 + --{ INLET B o 2'X3' CATCH BASIN o i FL 18" IN: 689. O - - - < wG.! - W! CURB IrACK F&G - I_..--�-TG: 693.90 CD 4 OD OD (.0 O O O --4 Ln O Ln O CA O (1 O C31 0D CA CA o-) CA --1 N -J --1 4 CC) 0o (o CO O O CT1 O C31 O Cn O m O C31 o STA; 1+41.49 LINE ST-B____ o 1 1,- HGL_69o.5 INSTALL: T B1 j + FL 18" OUT: 6£7 10 HGL' 690.11 STA; 1+00.30 LINE S o FL 18" IN: 687.30 - FL 12" IN: 687. 35 `__� 5•7' � ` r HGL: s 0. S7 HGL. ssosT - 1 - 45° WYi - ! - °__ _Y FL 12" OUT: 6f 7.76 =' \ _ G� �y C J I -o I I FL 12" IN: 687. 76 1 � 0 INSTALL:LIIv m co co m A HGL 690.74 µy�X <C)w`�X � 1-45°BEI`D C o n ao + �-co cn-n -10 FL 12" OUT: 6Q.00o N m < o m v ( D 0 0 0 STA: 1+65.29 LINE ST-B1- cnw�Ap� ^' yD INSTALL: cn INLET B-2OO=cDpGATCH;BbIN #20p + - --- i - m' m r TG: 694.00 o I O O O C11 01 --1 -4 -mil -I 4 00 00 O O O O Cft O Cn O cn O C31222113 O tr RIVERSIDE OFFICE VILLAGE I g m ENCROACHMENT # FORT WORTH, TEXAS SEPTTEEMBER20V !A Kimley*Horn w PROFILES RIVERSPREPARED FOR e,c '� zm - suac iw ucxixxe., a,� INoI I• i m*onmms �ra'�zep x � IDE OFFICE VILLAGE, LLC aecxeo ev Era I aeviso"s once ar r- Z m co� m C7 0 m W m n O m W EXHIBIT B Certificate of Insurance Tier H Easement Encroachment Agreement Page 11 of 11 Revised 12/2022