HomeMy WebLinkAboutContract 62782Date Received: 02/17/2025
Time Received: 11:40 a.m.
Record Number: PN24-00184
City Secretary No.: _62_7_8_2 ___ _
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
TIER fl
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 Cana Capital Series 7, LLC, and
Net? Real Estate, LLC Series 2-Bailey Drive, limited liability companies ("CoHectively
Licensees"), acting by and through its duly authorized representatives.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 3057 Bailey
Drive, Fort Worth, Texas 76244 ("Property"), being more particularly described as, Lot
8R-1R, Block 1, and Lot 8R-2R, Block 1, Moriah at Timberland, an addition to the City
of Fort Worth, Tarrant County, Texas, as recorded in Deed Records, by Instrument
Numbers D224106504 and D224106505, in Tarrant County, Texas, and;
WHEREAS, the City owns a sanitary sewer easement (the "Public Property")
adjacent to the Property, dedicated by plat, depicted on the final plat of the property (FS-
18-010), which plat is recorded in the plat records of Tarrant County as Instrument
Number D2 I 9164765 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,
Tier II Ea ement Encroachment Agreement Page l of 14
Revised 12/2022
rnstalling, and maintaining a rctaining wall and storm lines (the "EncroachmenY'}. Upon
completion of the Ei-�croachmeut, Licensee agrees to be responsib�e far maintai�7ing th�
Enetoachment within the Public Property. Licensee shall not expand or othenvise cause
the Encroachment to further infriz�ge in or on thE Public Froperty beyond what is
specifically described in Exhibit "A."
2.
Al] construction, installation, maintenance, and aperation of the Eneroachment
and the use or occupancy of the Public Property shal7 comply with and be performed in
strict compliance with �his Agreement and with the charter, ordinances, codes, and
policies of the City. Prior to th� construction or installation of the Encroachment,
Licensee shall submit all plans and s}�ecifications to the Director of the Development
Services Department or duly authorized representative. Licensee shall not commence
construction or installation of the Er�croachinent nor make any us� of the PL�blic Property
unt�l after the execution of this Agreement.
3.
Licensee, at no expense ta the City, shall make propet provisions for the
relacation and installation of any existing or future utilities af%cted by such
Eneroachment ar►d the use and occupancy of the Public Property, including the securing
the approva� 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 urility or improvements owned by or
constructed by or on behal�' of the public or at pubiic expense is made more castly by
��irtue of the construction, maintenance, or existence of the Encroachment and use of
Pubtic Property, Licensee shall pay to City an additional amount eQual to such additionat
cost as determined by the Director of Transportation and Public Works, the Director of
the Water Departrnent, the Director of the Development Services D�partment, or their
duly autharized representative.
4.
Licensee agrees that City may enter and utilize the Public Proper�y at any time for
any pub�ic purpose, including installing, repairing, replacing, or maintaining
iinprovements to its pub7ic facilities or utilities necessary for the health, safety, and
welfare of the public. The City shall have no responsibility or ]iabiiity for any damages
related to the Eneroachment resulting from the City's use of the Public Property;
however, the City shal] ma�Ce reasonable efforts to minimize such damage.
Tier lI Easement Encroachment Agreeme»t Page 2 of 14
Revised 12/2022
5.
Upon termination of this Agreement, Licensec shall, at the option of and at no
expense to the City, remove the Encroachm�nt and restore the Public Property to a
candition acceptable to the Director of Transportation and Public Works, the Director of
the Water Department, the Dire�tor of the Development Services Department or their
duly authorized representative. Any such removal of the Encroachment shall be in
accordance with th�n-existing Cily r�gulations arad policies. It is understood and agreed
to by Licenscc that if this Agreement tcrminates and Licensee fails ta remove the
Encroachment and restore the Public Property, Licensee hereby gives City permission to
remove the Encroachment and any supporting structures frorr� the Public Property, to
restor� ths Public Property, and to assess � lien on the Property for the costs expended by
tl�e City in ta�Cing such actions.
�
In order ta defray a!1 costs of inspection and supervision which the City has
incurred or will incur as a result of the construction, maint�r�ance, 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
appIication fee in the sum of Nine Hundred Dollars {$9Q0,00). Additionally, Licensee
agrees to pay a fee in the amount of $2.00 per squarellinear foot of the encroachment area
upon execution of this Agreernent and annually thereafter.
7.
The term of this Agreement shal! be for thirty {30} yea�s, comme�cing an the
date Yhis Agreement is executed by City. However, the City may terminate this
Agreement upon Licensee's noncomplian.ce with any of the terrns of this Agreeinent.
City shall notify Licensee ti� writing of any such noncompliance and if Licensee does not
cure the noncompliance within thirty {30) days af �iotice fro�n City, the City may
terminate this Agreement. However, the City may, at its sole option, allow the Agreement
to reznain in effect so long as Licensee has taken reasonable measures to cure the
noncompliance or is continuing to diligently attempt to remedy the nancon�pliance.
8.
It is further undersiood and agreed between the parties hereto that the �ublic
Property to be used and encroachec� upon is held by City as trustee for the public; that
City exercises such pflwers over the Pubtic Property as have been delegated to �t by the
Constitution af the State of Texas or by the Texas Legislature; and �hat City can��a4
contract away its duty and its ]egislative power to contrnl the Pubiic Property for the use
and beneiit of the pubiic. It is accordi�igly agreed that if the governing body of City n}ay
at any iime during the term hereaf determine +n its sole discretion to use or cause or
pennit the Public Property to be used for any other public pur�ose, including but r�ot
being limited to underground, surface, ar overhead communicat�on, drainage, sanitary
Tier II EasemenC Encraachmer�E Agreement Page 3 of 14
Revised 12f2022
sewerage, transmission of natural gas or electricity, �r any ather public purpose, whether
presently contemplated or not, thac the parties agree to negotiate in good faith in order to
accommodate both the Encroachment and the public purpose.
9.
L�CENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY �NDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED QFFICIALS
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FQR PROPERTY
DAMAGE OR LOSS ANDIOR PERSONAL IN3URY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF �R IN CONNECTI�N
WiTH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION,
MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR L�CATION OF THE
ENCRQAGHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT
CAUSED, IN WHOLE QR IN PART, BY THE ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF
THE CITY; AND LICENSEE HEREBY ASSUME5 ALL LIABILITY AND
RESPUNSIBILITY FOR SUCH CLAIMS O� SUITS. LTCENSEE SHALL
LIKEWISE ASSUME ALL LIABTLITY AND RESPONSIBILITY AND SHALL
INDEMNIFY CITY FOR Al�'Y AND ALL INJURY OR DAMAGE TO CITY
PRaPERTY ARISING OUT OF OR IN CONNECTIQN WITH THE
ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF
LICENSEE, iTS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
C�NTRACTORS, SUSCONTRACTORS, LICENSEES, OR INVITEES.
1 Q.
While t�115 Agreement is in effect, Licensee agrees to ftarnish City with a
Certificate of Insurance naming City as certificate holder as proof that is has secured and
paid for a policy of pubIic liability insurance covering all pui�lic risks related to the
praposed use and accupancy of public property as ]ocated and described in Exhibit "A."
The arnounts af such in�urance shall be not Iess than
�1,OOD,000
with the understanding and agree�ne��t hy Licensee that such insurance amounts may be
revised upward at City's aption arid tha� Licensee shall so revise such amounts
imtnediately following notice to Licensee of such requiremez�t. Such insura��ce policy
sha�� not be canceled or amended without at least thirty (30} days prior written notice to
the Building Official af the City. A copy of such Certi�cate of Insurance is attached as
Exhibit ��S" and incorporated herein for all purposes. Licensee agrees, binds, and
obligates itself and its successors and assigi►s to maintain and keep in force such public
liability insurance at all times during th� term of this Agreement and until the removal of
Tier I1 Easement Encroachment Agreement Page 4 of 14
Revised 1212022
the Encroacf�meni and restaration of the Public Praperty. All insurance coverage
required herein shall include coverage of all Licensee's contractors and subcontractors,
11.
Licensee agrees to deposit with the City when this Agreement is executed a
suffic�ent surri of money to be used to pay necessary fees to record this Agreement in the
real property records of the caunty in which the Encroachrnent is located, After being
recordecl, the original sha]] be renirned to the City Secretary of the City of Fort Warth.
12.
Licensee agr�es to comply fiilly with all applicable federal, state, and local laws,
statutes, ordinances, codes, and regulations in connection with the construction,
operatian, and maintenance of the Encroachmcnt and use of the Public Property.
13.
Licensee agrees to pay pro�nptly when due all fees, taxes, or rentaks provided for
by this Agreement or by any federal, state, or local statute, law, or regu�ation.
l 4.
Licensee covenants and agrees that it shall operate hereunder as an independent
contracEor as to all rights and privileges granted hereunder and not as an officer, agent,
servant, or employee of City, and Licensee shali have exclus�ve controi of and the
exclusive right to contral the details of its operations, and all persons performing same,
and shall be solely responsible for the acts and ornissrons af 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, cantractors, and subcontractors, and nothing herein shall be
construed as creat�ng a partnership or joint ente�prise between C�ty and Licensee.
l 5.
I.�censee agrees and acknowledges that this Agreement is solely for the purpose
of permitting Licensee ta construct, maintaiis, and lacate the Encroachtnent over of within
the Public Property and is not a conveyance of any right, title, or interest in or to the
Fublic Property, nor is it meant to convey any right ta use or occupy property in which a
third-party may have an interest. Licensee agrees that it will obtain a11 necessary
permissions before occupying such property_
16.
In any actian brought by the City for the enforcement of the obligations of the
Licensee, City shall be entitled to recover interest and r�asonable attorneys' fees.
Tier I� Easeme�i# Encroachment Agreement Aage 5 �f 14
Revised ] 2/2022
17.
The parties agree that the duties and obl�gations contained in Section S shal2
survive t�e termination of this Agreement.
18.
Licensee covenants and agrees that it wi�1 not assign all or any of its rights,
privitebes, or duties under this Agreement without the written approvaI of the C�ty, and
any atternpted assignment without such written approval shall �e void. In the event
Licensee conveys the Proper�y, Licensee may assign all of its rights and obligations under
this Agrecment to the new owner of the Property, and Licensec shall be deemed relcased
from its duties and obligations hereunder upon City's approval in writing of such
assignment, which approval shall not be unreasonably conditioned or with.held.
Foreclosure by a secured lender of Licensee or ass�gnment to a secured lender by
Licensee in thc event of defauit or otherwise shall not require City apprava] provided that
said lender notifies City in writing within sixty (60) days of such fareclosure or
assignment and assumes all of Licensee's rights and abligations hereunder. However, na
change of ownership due to foreclosure or assignment to any secured lender of Licensee
sha�l be cffective as to Ctty unless and untiZ written notice af suc�t foreclosure or
assignment is provided tp City.
19.
Prior to the end ofthe term of this Agreement, Licensee may subn�it a new
encroachment applicatian to the City. The City wifl not unreasonably withhold or delay
approval of such application provided that the Encroachment follows the then current
City codes ai�d compliance.
20.
Any cause of action for breach of this Agreement shall be brought in Tarrant
County, Texas. This Agreement shal] be governed by the laws of the State of Texas.
21.
This Agreement shall be b�nd�ng upon t�e partres hereto and their snccessors and
assigns.
22.
This Agreemeut rnay be executed in mtiltip�e connterparts, each of which shall be
considered an original, but al[ of which shall constitute one instrument
Tier II Easement Encroachment Agreement Page 6 of 14
Revised 12/2022
�SIGNATURES APPEAR ON FOLLOWING PAGE�
Tier li Easement Encroachmei�t Agreemant Page 7 ot' ]4
Revi sed ] 2/2022
EXECUTED to be effective on the date signed by the City's Director of Development
Services Department
City:
CITY OF FORT WORTH
?:::k: By: -'D=•'=ton'-'-H_arr_ell:f...._e_b 1-'-1,_202_s _1s:_sG_CS---'-T) ____ _
D.J. Harrell
Director, Development Services Department
Date: Feb 11, 2025
ATTEST: Approved As To Form and Legality
Jannette Goodall,
City Secretary
Licensee:
Hye Won Kim
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.
'Rebeua JJia11e Owen
Rebecca Diane Owen (Feb 11, 2025 10:36 CST) Rebecca Owen Development Services Manager
Tier II Easement Encroachment Agreement Page 8 of 14
Revised 12/2022
Cana Capital Series 7, LLC
a Texas limited liability campany
By: Oweis Enterprises LLC
a Texas limited liability cornpany
its ma�ager
By: v
Name: Qmar Oweis
Title: Shareholder & Manager
Date: r �3 � / �Z.�Z �
< <
�
STATE OF /�,��,5
COUNTY OF � 1�ti�
�
�"
BEPORE ME, the widersigned authority, a Natary Public in and for tlie State af
ieac�'�.S _, on this day personally appeared Omar Owcis, Share�older and Manager
known to me to be the person whose name is subscribed to the foregoing instrument, and
acknow�edgea to me that he or she executed the same for th.e purposes and consideration
therein expressed, as the act and deed of Cana Capital 7, LLC, a Texas limited liabiiity
company, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3��� da}' of
.�� , � A�4
✓U..^ {.�OSJY� G liG �
�
J�%'2, vu�"�r} v�.
�
Notary Public �n and for the
,�-
State of � x�.��
Licensee:
Tier II Ease�nent P.ncroachment A�reement
: ����'"•° � JEREMYAUSTIN LQUQUE
•••. .�._
� My Notary ID # 132124965
=1= ' =
�� �E;of ���' ExpiresAugust 12, 2027
Page9of14
Revised 12/2022
Cana Capital Series 7, LLC
a Texas limited liabiliEy company
By: Texas R.E. Developments LLC
a Texas limited fiability company
its mana�er
By:
Name: Basem Nimri
Title: Member & Manager
Date: r '; za�.�
STATE OF _ { ��ti,
COUNTY OF r]� I j� y
ra
�
0
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
�(r �t�'�,5 , on this day personalIy appeared
Basem Nimri, Member & Manager, known to me to b� the persor whose name is
subscribed to the foregoing instr�Ement, and acknowledged to me that he or she executed
the same far the purposes and consideration therein expressed, as the act and deed of
Texas R.E. Developments LLC, a Texas limited liability company, and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this � day of
�Ie-.,n �J�r;� _, �#:
��2`_i
.;�;,: �p .
� ^ t - .:�,r ��� ;_�;.r "�;: JEREMYAUSTEN LOUQIfE
=��� •= My Notary ID # t32124985
Notary Public in and for the =;;!"�.•+�:
'.. E nF �. �xplr@s August 12, 2027
State of �
1 �rCn.S
Tier II Easement Encroachment Agreemen[ Page 10 of 14
Revised 1212022
Licensee:
Net7 Real Estate, LLC
a Texas limited liab�iity company
Net 7 Bcaasds, LLC
a Texas limited liabi�ity company
:
Title: Manager
Date: i��+��AZ`_�
T
.�
STATE OF �r,�caS §
COUNTY QF �c„� Ia5 §
BEFORE ME, the undersigrred authority, a Notary Public in and for the 5tate of
�_, on this day personally appeared Sib Bahjat, Manager, known to me to be
the perso�� who5e name is subscribed to the foregoing instrument, and acknowledged to
me that he or she executed the same for the purposes and consideration thercin expressed,
as the act and deed of Net7 Real Estate, LLC, a Texas iimited liability company, and in
the capacity therein stated.
GIVEN CJNDER MY HAND AND SEAL OF OF�ICE this �_ day of
v a.rY , �4.
. Z� 2 5 .
't�'"�` �''•� JEREMYAUSTkN LQUQUE
rrP�rt [.1S fi ✓1 �AJ ;i� ==p-'' �=:
=�: *- My Notary iD # 132124985
` l:�.q=
Notary Public in and for the '''.F oF �+•` Expires August 12, 2027
State af j�:��,,_i
Tier lI Easement Encroachment Agre�ment Page 1 l of 14
Revised ] 2/2Q22
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 llth day of
February , 2025.
l�✓e;,�f��t��rl��
Notary Public in and for the State of Texas
o,�p,RY/'U�, WENDY L BEARDSLEE
2 �n � Notary Public
# �C7 * STATE OF TEXAS
`�� �� P f�otary I.D. 13323719-3
9��F��+ My Comm. Exp. July 28, 2025
Tier Il Easement Encroachment Agreement
Page12of14
Revised 12/2022
EXHIBIT A
Depiction and description of the E�croachrnent
Tier II Easement Eucroachment A�reetnent Page 13 af 14
Revised 12/2022
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EXHfBIT "A"
LEGAL DESCRIPTION
CR05SING EASEMENT
TRACT'f
BEf NG all that tract or parcei pf iand contained in William McCawen Survey, Abstract Numher 999, in the City of
Fort Worth, iarrant County, Texas, and being a par# of Lots 8R- � R of Moriah at Timberland Addi#ion, an addi#ion
to the City ofi Fort Worth, Tarrant Caunty, Texas, according io the plat thereof recarde� in Document fVurnber
D2191647fi5 of the Plat Records of Tarrant County, Texas, and being mor particularly described by metes and
bouncls as follows:
SEGINNf�fG at the southeast corner of the herein described tract, from which a southeast corner of said �ot
8R-1 R bears Sou#h 70 degrees 08 minutes 32 seconds East, a distance of 20p.92 feet;
THEI�CE over arrd across said Lots 8R-1 R, the following faur (4) courses ta poin#s for corner:
1. North 24 �egrees 09 minutes 18 seconds West, a distance of 15.00 feet;
2. North 65 degrees 50 minutes 55 seconds East, a distance of 5.00 feet;
3. South 24 degrees a9 minutes 1$ seconds East, a distance of 15.00 feet;
4. South 65 degrees 50 minutes 55 seconds West, a dis#an�e of 5.00 feet to the P�1NT OF BEGINNING and
containing 0.002 acres or 75 square feet of land.
TRACT 2
BEING all that tract or parcel pf land coniained in William McCowen 5�rvey, Abstract Number 999, in the City of
Fort Worth, Tarrant Counry, Texas, and being a part of Lois SR- 1 R of Maria� at Timberland Addition, an addition
to the City of Fort Worth, Tarrant County, Texas, according io the plat thereof recorded in Document Number
D219'f64765 of the Plat Records of Tarrant County, Texas, and being mor particularly described by metes and
bounds as follows:
BEGINNING at th� sautheast corner of the herein described tract, fram which a southeast corner of saic� Lot
8R-1 R bears 5outh 24 degrees 48 minutes 03 seconds East, a distance of 134.68 feet;
THENCE over and across said Lots SR-� R, the following four (4) courses to points for �orner:
5. South 87 degrees 53 minutes 30 seconds West, a distance of 5.27 feet;
6. North 03 degrees 48 minutes 38 seconds Eas#, a distance of 15.80 feet;
7. North fi7 degrees 53 minutes 30 seconds East, a distance of 5.27 feet;
8. South 03 degrees 48 minutes 38 secands East, a distance of 15.8D feet to the POINT OF BEGINNING and
containing 0.002 acres or 79 square feet of land.
t ��-�� F•� rF
,�P.���sTER �q
�:'� � Q •.�
.....: ...................................':.....,
CRY57AL RdBERT50N
..... _ .................................... _..... �
Crystal Robertson
Registered professional land Surveyor Na. 5447
CCM ENGlN�ERING
2570 JUSTIN ROAD #209
HIGHLAND VILLAGE, TX 75077
(972) fi91-fi633
TBPE FIRM #605
TBLS FIRM #1Q194794
5447
Ffiss��
CROSSIN� EASEMENT
0.404 ACRES - 154 SQ FT
WILLIAM McCOWEN SURVEY,
ABSTRACT NUMBER 999
7ARRANT COUNTY, TEXAS
S�ALE: � 1 "=30'
DRAWN BY: CJR
CHECKED BY: C.]R
DATE: a8l29I2024
SF-IEET: 1 af 2
EXHIBIT "A"
TRACT 2 � � � I — �
0.002ACRES �`� � r__��.—
79SQFT � �� j I
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TRACT 1 ��'�� �� ��,, �
0.002 ACRES ~�''—��� � � �
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Line # Length Direction Lin� # Length Direction `>>��_ �� f
L1 15.00 N24"D9'Z8"W LS 5.27 S67"53'30"W ����� ,; �
L2 5.00 N65°50'55"E L6 15.80 N3°48'38"W ��
}-� — —
/ '
L3 15.OD 524°09'18"E L7 5.27 N67°53'30"E � � z�
i �
L4 5A0 565°50'S5"W L8 '15.8p S3°48'38"E / I ��
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SCALE: 1�� = 30' _�� LOT 10R-1, BLQCK � �
LEGEND! ABBREVIATIONS — MORIAH AT TIMBERLAND ADDITION
DQCUMENT NUMBER D217256565 I
------- DE�DITRACTLIAfE ,��, O.F r� O.P.R.T.C.T.
EASEMENT BOUNpARY � P-'c�i S r E p•.�'_
P.R.T.C.1'. �LAT RECOF2DS,
TARRANT GQiJNTY , TEXAS
GENERALNOTES
1. Bearing based pn Texas State Plane Coordi�ates,
Cenlral Zone, 4203, NAD$3-US Survey feet, deri�ed frpm
GPS observaiions and NG5 Opus solutions.
CCM ENGINEERING
2570 JUSTIN RQAD #209
HIGHLANO ViLLAGE, TX 75077
(972)691-6633
TBPE FIRM #505
7BL5 FIRM #10194794
6 `':'�y � `O''�`
...............................................
CRYSTALRDBERTSON
............................�--�-�-�--......:......
'`: A 5447 ,,::'
��0 P°F� s s r o�'PO�
N0 s'� �V ��t
CRY57A�ROBERT50N
REGI5T�RED PRO�ESSIONAL LAND SURV�YOR Nv. 5447
CROSSING EASEMENT
0.004 ACRES - 154 SQ FT
WILLIAM McCOWEN SURVEY,
ABSTRACT NUMBER 999
TARRANT CQUNTY, TEXAS
SCALE: 1 "=3D'
DRAWN BY: CJR
CHECKED BY: CJR
oarE: osi2sizaza
EXHIBIT "A"
LEGAL CESCRfPTiON
CROSSING EASEMENT
BEfNG all that tract or parcel pf lat�d contained in William McCowen Survey, Abstract Number 999, in the City of
Fort Worth, Tarrant County, Texas, and being a part of Lats 8R- � R and 8R-2R of MoriaE� at Timberland Addition,
an addition to the Cify of Fort Worth, Tarrant County, Texas, according to the �lat thereof recorded in Document
Number D219164765 of the Plat Records of Tarrant County, Texas, and being mor particularly described by
metes and bounds as foilows:
BEGINNING at a point in ihe wes# line of said Lot 8R-2R and the east ]ine of Lot 7R of Moriah at Tirnberland
Addition, an additian to the City of Fort Warth, Tarrant County, Texas, accnrding to the Plat thereof recorded in
Document Number D217256565, of the Piat Records of Tarrant County, Texas, from which the southwest corner
of said Lot 8R-1 F2 bears 5outh 35 degrees 54 minutes 19 seconds East, a distance of 134.62 fe�t;
THENCE North 35 degrees 54 minutes 19 seconds West, alang Ehe common line of said Lots 8R-1R and 7R, a
distance of 3.05 feet ta a point for corner;
THE�fCE over and across said Lots 8R-1 R and 8R-2R, the following eleven (11 } courses to points for carner:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10
North 43 degrees18 minutes 56 seconds East, a distance of 88.80 feet;
North 55 degrees22 rninutes 02 seconds East, a distance of 206.77 fee#;
North 68 degrees06 minutes 03 seconds EasY, a distance of 158.38 feei;
South 85 degrees50 minutes 22 seconds East, a distance of 15.52 feet;
South 61 degrees0l minutes 46 seconds East, a distance of 70.42 feet;
South 28 degrees58 minutes 14 seconds West, a distance of 3.00 feet;
North 61 degrees0l minutes 4fi seconds West, a distance of 69.76 feet;
North 85 degrees50 minutes 22 seconds West, a distance of 14.16 feet;
South 68 degrees06 minu#es 12 seconds West, a distance of �57.32 feet;
South 55 degrees22 minutes 02 seconds West, a distence of 206.16 feet;
11. South 43 degrees18 rriinutes 59 seconds West, a distance of 69.04 feet to the PCINT OF BEGINNING and
containing 0.036 acres or 1,554 square feet of land.
�
� �/ �
/ ��
Crystal Robertson
Registered professional land Surveyor No. 5447
CCM ENGiNEERING
2570 JUSTIN ROAD #20S
HIGHLAN� VILLAGE, TX 75Q77
(972) 891-6633
TBPE FI RM #6Q5
TBLS FIRM #10194794
y:�'e- .�8� o •.,f�
. ..�� �':
�....._ ....... ..... ............................
CRYSTAL ROB�RT50N
� ... .......... .......... ....
.._.. ,,,......... ......
�, ' .� 5447 ,,::�y
\V ��4:°Fess��`-'_;'0�4/
CR4SSING EASEMENT
O.Q36 ACRES - 1,554 SQ.FT.
WILLtAM McCOWEN SURVEY,
ABSTRACT NUMB�R 999
TARRANT COUNTY, TEXAS
SCALE: 4"=9D0'
�RAWN 8Y: CJR
CHECKED BY: GJR
�Ar�: oaizaizoza
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6' � MORIAH AT 7lMBERLAND ADDITION
\ �� � DQCUMENT NUMBER D217256565
\ � � O.P.R.T.C.T.
LOT 7R �� �' / 4 80 120 16fl
BLOCK 1 �
MORIAH Al� TIMBERLAND ADDITION
DOCUMENI" NUMBER D217256665 �
O.P.R.T.C.i. � SCALE: 1" = 80'
/ LEGEND ! ABBREVIATIONS
/ � / ' �EE�ITRACT LINE
� EAS�M�NT BOUNDARY
/' O.P,R.K.C.T. OFFfCIAL PUBLIC RECORDS,
i
KA�IFMAN COUNTY , TEXAS
� DEED RECOR�55,
/ D.R.K.C,T. K,qUFNIAN COUNTY , TEXAS
GENEF2AL NOTES
9. 6earsng based on Texas State Pfane Coordinates,
Central Zone, 42D3, NAD83-US Survey feel, detived from
GPS observations and NGS Qpus sofutions.
CCM ENGINEERfNG
2570 JUSTIN ROAD #209
FlIGHLAND VILLAG�, TX 7b077
(972}691-6633
76PE FIRN! #605
TBLS FIRM #10194794
CROSSING EASEMENT
O.Q36 ACRES - 1,554 SQ.FT.
WILLIAM McCOWEN SURVEY,
ABSTRACT NUMBER 999
TARRANT COUNTY, TEXAS
SCALE: � 1 "-10D'
DRAWN BY: CJR
CHECKED BY: CJR
L7ATE: 08/28/2024
ET:
� EXHIBIT "A"
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0 80 120 160
SCALE: 1" = SO'
LEGEND / ABBREVIATIONS
--`---- DEEDITRACTLINE
EASEMENT BOUNbARY
O.P.R.K.C.T. OFFIGIAL PUBLIC RECpRpS,
KAUFMAN COUNTY,TEXAS
D.R.K.C.T. DEE� RECOR{7SS,
KAUFA+IAN COUNTY , TEXAS
IPF IRdN PIPE FOUND
CIRF CAPPED IRON ROD FOUND
EXHIBIT "A"
S85°5p�22"E
15.52' �
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GEiVERAL NOTES
1. Bearing 6ased on Texas 5tate Plane Coordinates,
Central Zone, 4203, NA�83-US Survey feeI, derived frpm
GPS observations and NG5 Opus solutions.
CCM ENGINEERING
2570 JUSTIN ROAD #209
HIGHLAND VILLAGE, TX 75077
(972)691-6633
TBPE FIRN! #605
TB�S FIRM #�0194794
OF
� G?r'2-` � �� •'•.J�
� ......::..............................�--...::.....
CRYSTAL ROBERTSON
� ...................................�--.............
�''=-.� 5447 ,,:'
�4P°F�'s st�`'-P'OQ'
N° s�u�v�y
CF2YSTAL ROBERTSdN
REGISTERE� PROFESSIONAL LAND SURVEYOR No. 5447
CROSSING EASEMENT
0.036 ACRES - 1,554 SQ. FT.
WILLIAM McCOWEN SURVEY,
ABSTRACT NUMBER 999
TARRANT COUNTY, TEXAS
SCALE: I 1 "=80'
❑RAWN 8Y: CJR
CH�CiCEb BY: CJR
DATE: 0 610 712 0 24
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EXHIBIT B
Certificate of Insurance
Tier II Easefne«t Encroachment Agreemeni Page 14 ot� 14
����5ea i z��o2�
DATE(MM/DDIYYYY)
A�� �� CERTIFICATE OF LIABILITY INSURANCE 1/31/2025
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME: Amberly Hamblin
K&S Rockwall 0104 PHONE FAX
2255 Ridge Rd, Ste 333 a�c n,o exc : 9�2-��2-�246 aic No : 972-771-4695
Rockwall TX 75087 aooR�ess: amberly.hamblin@kandsins.com
INSURER(S) AFFORDING COVERAGE NAIC #
License#: BR-1796913 iNsuReRa: Zurich American Insurance Comp 16535
INSURED zcoNSRu-o� iNsuReR a: American Guarantee and Liabili 26247
Z Constructors Nationwide, LLC
201 W. Kaufman Street iNsuReR c: Continental Casualt Compan 20443
Richardson TX 75081 INSURER D:
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: 1170861962 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR I VD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY
A X COMMERCIALGENERALLIABILITY GL05636551-01 6/1/2024 6/1/2025 EACHOCCURRENCE $2,OOQ000
DAMAGE TO RENTED
CLAIMS-MADE X OCCUR PREMISES Ea occurrence $ 500,000
MED EXP (Any one person) $ 10,000
PERSONAL & ADV INJURY $ 2,000,000
GEN'LAGGREGATELIMITAPPLIESPER: GENERALAGGREGATE $4,000,000
POLICY � PR� � LOC PRODUCTS - COMP/OP AGG $ 4,000,000
JECT
OTH ER: $
A AUTOMOBILELIABILITY BAP 5636558-01 6/1/2024 6/1/2025 COMBINED SINGLE LIMIT g 1,000,000
Ea accident
X ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED BODILY INJURY (Per accident) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTYDAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
$
B UMBRELLALIAB X OCCUR SXS5640967-01 6/1/2024 6/1/2025 EACHOCCURRENCE $9,000,000
X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 9,000,000
DED RETENTION $ $
q WORKERSCOMPENSATION WC5576049-01 6/1/2024 6/1/2025 X PER OTH-
AND EMPLOYERS' LIABILITY Y� N STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTNE E.L EACH ACCIDENT $ 1,000,000
OFFICER/MEMBEREXCLUDED? � N�A
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000
C Contractor'sEquipment IM7039693058 6/1/2024 6/1/2025 L/REquip.ltem/Agg $100,000/$200,000
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
The General Liability and Auto Liability policies include a blanket automatic additional insured endorsement that provides additional insured status to the
certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status.
The General Liability and Auto Liability policies contain an endorsement with "Primary and Noncontributory" wording.
The General Liability, Auto Liability and Workers' Compensation policies include blanket automatic waiver of subrogation endorsements that provide this
feature, only when there is a written contract between the named insured and the certificate holder that requires it.
See Attached...
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Fort Worth CFA Office - PN24-00184
100 Fort Worth Trail
Fort Worth TX 76102 AUTHORIZED REPRESENTATIVE
���
O 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
AGENCY CUSTOMER ID: ZCONSRU-01
LOC #:
ACOR��
��
AGENCY
K&S Rockwall 0104
POLICY NUMBER
CARRIER
ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE
NAIC CODE
NAMEDINSURED
Z Constructors Nationwide, LLC
201 W. Kaufman Street
Richardson TX 75081
EFFECTIVE DATE:
The ACORD name and logo are registered marks of ACORD
Page 1 of 1
ACORD 101 (2008/01) O 2008 ACORD CORPORATION. All rights reserved.