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HomeMy WebLinkAboutContract 63650Date Received: 7/14/2025 Time Received: 2 : 36 p.m. Record Number: PN24-00204 City Secretary No.: 63650 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 Airport South Hotels II, LP, a Texas limited partnership ("Licensee"), acting by and through its duly authorized representative. RECITALS WHEREAS, Licensee is the owner of the real property located at PN24-00204, Fort Worth, Texas 76155 ("Property"), being more particularly described as, Lots 6R1- 1 and 6R2-1, Block 113, Centreport Addition, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Deed Records, by Instrument Number D218085476; and WHEREAS, the City owns a water easement (the "Public Property") adjacent to the Property, dedicated by plat, depicted on the final plat of the property (FS-24-098), which plat is recorded in the plat records of Tarrant County as Instrument D225051693; 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 private storm line (the "Encroachment"). Upon completion OFFICIAL RECORD Tier II Easement Encroachment Agreement CITY SECRETARY Page 1 of 11 Revised 12/2022 FT. WORTH, TX of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within the Public Property. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on the Public Property beyond what is specifically described in Exhibit "A." 2. All construction, installation, maintenance, and operation of the Encroachment and the use or occupancy of the Public Property shall comply with and be performed in strict compliance with this Agreement and with the charter, ordinances, codes, and policies of the City. Prior to the construction or installation of the Encroachment, Licensee shall submit all plans and specifications to the Director of the Development Services Department or duly authorized representative. Licensee shall not commence construction or installation of the Encroachment nor make any use of the Public Property until after the execution of this Agreement. 3. Licensee, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or future utilities affected by such Encroachment and the use and occupancy of the Public Property, including the securing the approval and consent of the appropriate utility companies and agencies of the State of Texas and its political subdivisions. In the event that any installation, reinstallation, relocation, or repair of any existing or future utility or improvements owned by or constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance, or existence of the Encroachment and use of Public Property, Licensee shall pay to City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department, or their duly authorized representative. 4. Licensee agrees that City may enter and utilize the Public Property at any time for any public purpose, including installing, repairing, replacing, or maintaining improvements to its public facilities or utilities necessary for the health, safety, and welfare of the public. The City shall have no responsibility or liability for any damages related to the Encroachment resulting from the City's use of the Public Property; however, the City shall make reasonable efforts to minimize such damage. 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 One Thousand Twelve Dollars and Fifty Cents ($1012.50). 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 I I 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 HIND 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 II Easement Encroachment Agreement Page 5 of I I 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. Prior to the end of the term of this Agreement, Licensee may submit a new encroachment application to the City. The City will not unreasonably withhold or delay approval of such application provided that the Encroachment follows the then current City codes and compliance. 20. 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. 21. This Agreement shall be binding upon the parties hereto and their successors and assigns. 22. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. [SIGNATURES APPEAR ON FOLLOWING PAGE] Tier II Easement Encroachment Agreement Page 6 of 11 Revised 12/2022 EXECUTED to be effective on the date signed by the City's Director of Development Services Department City: CITY OF FORT WORTH By: nifer Rol erts (Jul 9, 202513:03 CDT) Jennifer Roberts Assistant Director, Development Services Department Date. 7/9/2025 A449 URQnq Four na �,,00s000 k° ATTEST: o�e _ OV8 °=d oaa oa po*� Jannette Goodall, City Secretary Approved As To Form and Legality 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. k Kandice Merrick Development Services Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II Easement Encroachment Agreement Page 7 of 11 Revised 12/2022 Li sm: 11irp m wth [Irwels 11. LP a Texa% lirnited partner%hip by, Mi lToWl Ilan Jlmpl�s jity M anagcnwnt, LLB' a Texaq limited liability compartiw By; 4" de ar�:rl TtiA_ ratel 1n"_ Manager MIC: STATE OF CGL OF � BEFORE MF, the undersigned hority. a Notary Public in and for the Stave of on this day personally appeared Dhaval M. Patc] Jille), manager, knuvm 10 m& w be the person whme Mantic is subscribcd to the f0rrg0 i ng i nstmrnew, and ackrmyw1Mged to mc that he rar -1ho mecuted the sarnr for the purposes and coasidcrarion Ihemin expremod. as The aer and deed of Airpowt Soulh 11otels It, LP, by ics manager, Aietr apalitan HCspitality M Rnsgemeui, LLC, and in the capacity 1hercin stared, AVEN GENDER MY HAND AND SEAL OF OFFICE fts day of y t 25. Pad Notary Pub in NW for the slaw of -T-f�w 0i paltk -My 0V1=71xk'i 1latarlr � � ��a�s 8 a � I R- vti I 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 Jennifer Roberts, 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 9th day of July , 2025. `4F'����i P Notary Public in and for the State of Texas `�.► Q Tier II 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 I 1 Revised 12/2022 AIRPORT FWY A�RpOF, 360 HWY 360 m x 0 D V 0 100 DRAWING SCALE 1°=100' LEGm - EXISTING CURB - PROPOSED CURB Bg�\"f ti ;i CAL - T BY SEPARATE R MEN R=500.00' �D=41'03'23" L=358.28' CB=S 05'18'58" CD=350.67'- Iff EASEMENT i i_ 10' ONCOR FASEVE`. PLAN PREPARED BY: CUMULUS DESIGN P.O. BOX 2119 EULESS, TX 76039 TELEPHONE: 214.235.0367 UTILITY SITE PLAN PERMANENT EASEMENT ENCROACHMENT #1 FOR PRIVATE SHEET 1 of 2 STORM LINES CROSSING PUBLIC WATER LINE AND EASEMENT EXHIBIT "C-1 to LOT 6R2-1, BLOCK 113, CENTREPORT ADDITION CITY OF FORT WORTH, TARRANT COUNTY, TEXAS BEING that certain 38 square foot (0.0009 acre) tract of land situated in the V. Hutton Survey, Abstract No. 681, City of Fort Worth, Tarrant County, Texas, and being a portion of Lot 6R2-1, Block 113, Centreport Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in Instrument Number D225051693, Official Public Records, Tarrant County, Texas, and being a portion of a 15 foot Water Easement recorded in Instrument Number D225051693, said Official Public Records, and being more particularly described as follows: COMMENCING at a 1/2 inch iron rod set with "Peiser & Mankin Surf' red plastic cap for the northwest corner of said Lot 6R2-1, same being the southwest corner of Lot 6R1-1, said Block 113, Centreport Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in Instrument Number D225051693, Official Public Records, Tarrant County, Texas, same being in the east right—of—way line of State Highway 360 (a variable width right—of—way); THENCE South 75 deg. 46 min. 57 sec. East, through the interior of said Lot 6R2-1, a distance of 45.21 feet to the northwest corner of the herein described tract, same being in a north line of aforesaid 15 foot Water Easement, some being the POINT OF BEGINNING; THENCE continuing through the interior of said Lot 6R2-1 and along a north line of said 15 foot Water Easement as follows: South 79 deg. 57 min. 41 sec. East, a distance of 0.34 feet to angle point; North 66 deg. 35 min. 53 sec. East, a distance of 2.21 feet to the northeast corner of the herein described tract; THENCE South 20 deg. 06 min. 43 sec. East, through the interior of said Lot 6R2-1 and through said 15 foot Water Easement, a distance of 15.02 feet to the southeast corner of the herein described tract, some being in a south line of said 15 foot Water Easement; THENCE South 66 deg. 35 min. 53 sec. West, continuing through the interior of said Lot 6R2-1 and along a south line of said 15 foot Water Easement, a distance of 2.50 feet to the southwest corner of the herein described tract; THENCE North 20 deg. 06 min. 43 sec. West, through the interior of said Lot 6R2-1 and through said 15 foot Water Easement, a distance of 15.21 feet to the POINT OF BEGINNING and containing 38 square feet or 0.0009 acre of computed land, more or less. NOTE: See subject plat recorded in Instrument Number D225051693 for full boundary construction. JOB NO.: 19-0709 PEISER & MANKIN DATE: 04/14/2025 SURVEYING, LLC REVISION www.peisersurveying.com Texas NOT TO SCALE FIRM NO. 100999-00 Professional of 1604 HART STREET surveyors SOUTHLAKE, TEXAS 76092 DRAWN: J.B.W. 817-481-1806 (0) 817-481-1809 (F) Member Since 1977 The undersigned, Registered Professional Land Surveyor, hereby certifies that this legal description accurately sets out the metes and bounds of the easement tract described. T F S T r E F Timothy R. Mankin 6122 04/14/2025 TIMOTHY R. MANKIN Registered Professional Land Surveyor No. 6122 PM s LLC COMMERCIAL • RESIDENTIAL BOUNDARIES TOPOGRAPHY MORTGAGE PERMANENT EASEMENT ENCROACHMENT #1 FOR PRIVATE SHEET 2 OF 2 STORM LINES CROSSING PUBLIC WATER LINE AND EASEMENT EXHIBIT "C-1" LOT 6R2-1, BLOCK 113, CENTREPORT ADDITION CITY OF FORT WORTH, TARRANT COUNTY, TEXAS POINT OFJ / / LOT 6R1-1, BLOCK 113 COMMENCING PERMANENT CENTREPORT ADDITION EASEMENT INST. NO. D225051693 / \ENCROACHMENT #1 L3 3Q L=151.62 1/2" IRS 38 SQ. FT. L2 !` 0009 ACRE MURIACESS L AC IN f1O O D=04'3714" C1 N D225051693NT M 2 CB=N16'14'58"E POB A. CD=151.58' Q L _ / PRIVATE PROP. 24" RCP 15' WATER EASEMENT �� INST. NO. D225051693 / 0 15' WATER EASEMENT a a INST. NO. D225051693 N 1/2" IRS �� LOT 6R2-1, BLOCK 113 IN CENTREPORT ADDITION INST. NO. D225051693 N e1- // / MUTUAL ACCESS EASEMENT :'0 : GRAPHIC SCALE INST. N0. D225051693 O 4*) 2 / 0 20 40 1/2" RCIRF I / "GRAHAM" (DESTROYED) 10' TELEPHONE EASEMENT ( IN FEET REPLACED WITH 'X' CUT SET I VOL. 10045, PG. 0464 / 1 inch = 40 ft. The undersigned, Registered I LINE TABLE Professional Land Surveyor, hereby I LINE BEARING DISTANCE certifies that this plat of survey I L1 S 75°46'57" E 45.21' accurately sets out the metes and I L2 S 79°57'41" E 0.34' bounds of the easement tract I L3 N 66°35'53" E 2.21' described. I L4 S 20°06'43" E 15.02' L5 S 66°35'53" W 2.50' Q�E\ 0 T eTF� I L6 N 20'06'43" W 15.21' G R 9 * Fo * LINETYPE TABLE Timothy R. Mankin BOUNDARY LINE ADJOINER LINE 6122 P LEGEND EASEMENT LINE IRF — Iron Rod Found IRS — Iron Rod Set w/ "PEISER & MANKIN SURV" red plastic cap r< RCIRF — Iron Rod Found with red plastic cap y 04/14/2025 YCIRF — Iron Rod Found with yellow plastic cap TIMOTHY R. MANKIN INST. NO. — Instrument Number Registered Professional Land Surveyor No. 6122 POB — Point of Beginning JOB NO.: 19-0709 PEISER & MANKIN DATE: 04/14/2025 SURVEYING, LLC Basis of Bearing — Based on subject plat REVISION www.peisersurveying.com TexasSociety of PM SCALE: 1 " = 40' FIRM NO. 100999-00 Professional S 1604 HART STREET Surveyors LLC SOUTHLAKE, TEXAS 76092 DRAWN: J.B.W. 817-481-1806 (0) COMMERCIAL - RESIDENTIAL F BOUNDARIES - TOPOGRAPHY 817-481-1809 ( ) Member Since 1977 MORTGAGE SHEET 1 OF 2 PERMANENT EASEMENT ENCROACHMENT #2 FOR PRIVATE STORM LINES CROSSING PUBLIC WATER LINE AND EASEMENT EXHIBIT "C-2" LOT 6R2-1, BLOCK 113, CENTREPORT ADDITION CITY OF FORT WORTH, TARRANT COUNTY, TEXAS BEING that certain 38 square foot (0.0009 acre) tract of land situated in the V. Hutton Survey, Abstract No. 681, City of Fort Worth, Tarrant County, Texas, and being a portion of Lot 6R2-1, Block 113, Centreport Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in Instrument Number D225051693, Official Public Records, Tarrant County, Texas, and being a portion of a 15 foot Water Easement recorded in Instrument Number D225051693, said Official Public Records, and being more particularly described as follows: COMMENCING at a mag nail set for the northeast corner of said Lot 6R2-1, same being the southeast corner of Lot 6R1-1, said Block 113, Centreport Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in Instrument Number D225051693, Official Public Records, Tarrant County, Texas, some being in the west line of Lot 5, Block 113, Centreport Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in Instrument Number D219134583, said Official Public Records; THENCE South 88 deg. 09 min. 17 sec. West, through the interior of said Lot 6R2-1, a distance of 72.84 feet to the east corner of the herein described tract, same being in an easterly line of aforesaid 15 foot Water Easement, same being the POINT OF BEGINNING; THENCE South 55 deg. 53 min. 13 sec. West, continuing through the interior of said Lot 6R2-1 and said 15 foot Water Easement, a distance of 15.00 feet to the south corner of the herein described tract, same being in a westerly line of said 15 foot Water Easement; THENCE North 34 deg. 57 min. 41 sec. West, continuing through the interior of said Lot 6R2-1 and along a westerly line of said 15 foot Water Easement, a distance of 2.50 feet to the west corner of the herein described tract; THENCE North 55 deg. 53 min. 13 sec. East, through the interior of said Lot 6R2-1 and said 15 foot Water Easement, a distance of 15.00 feet to the north corner of the herein described tract, same being in an easterly line of said 15 foot Water Easement; THENCE South 34 deg. 57 min. 41 sec. East, continuing through the interior of said Lot 6R2-1 and along an easterly line of said 15 foot Water Easement, a distance of 2.50 feet to the POINT OF BEGINNING and containing 38 square feet or 0.0009 acre of computed land, more or less. NOTE: See subject plat recorded in Instrument Number D225051693 for full boundary construction. JOB NO.: DATE: REVISION NOT TO SCALE DRAWN: 19-0709 PEISER & MANKIN 04/14/2025 SURVEYING, LLC The undersigned, Registered Professional Land Surveyor, hereby certifies that this legal description accurately sets out the metes and bounds of the easement tract described. F S T r E F Timothy R. Mankin 6122 P - � 04/14/2025 TIMOTHY R. MANKIN Registered Professional Land Surveyor No. 6122 www.peisersurveying.com Texas PM FIRM NO. 100999-00 P ocoiety ofssionl S 1604 HART STREET surveyors LLC SOUTHLAKE, TEXAS 76092 J.B.W. 817-481-1806 (0) COMMERCIAL • RESIDENTIAL F BOUNDARIES • TOPOGRAPHY 817-481-1809 ( ) Member Since 1977 MORTGAGE PERMANENT EASEMENT ENCROACHMENT #2 FOR PRIVATE SHEET 2 OF 2 STORM LINES CROSSING PUBLIC WATER LINE AND EASEMENT EXHIBIT "C-2" LOT 6R2-1, BLOCK 113, CENTREPORT ADDITION CITY OF FORT WORTH, TARRANT COUNTY, TEXAS PERMANENT / EASEMENT ENCROACHMENT #2 38 SQ. FT. �a _ � aN 15' WATER EASEMENT PRIVATE INST. N0. D225051693 PROPOSED pt 24" RCP \ I LOT 6R1-1, BLOCK 113 CENTREPORT ADDITION INST. NO. D225051693 �1 L1 /i LOT 6R2-1, BLOCK 113 I/ CENTREPORT ADDITION INST. NO. D225051693 / I II 15' SANITARY SEWER EASEMENT INST. NO. D225051693 I I 15' SANITARY SEWER I I I I I EASEMENT INST. NO. D219176866 MUTUAL ACCESS EASEMENT I INST. NO. D225051693 I The undersigned, Registered Professional Land Surveyor, hereby certifies that this plat of survey accurately sets out the metes and bounds of the easement tract described. �E OF TF� 1 GiP sTER 9� Timothy R. Mankin 6122 P f �O - LEGEND �`K v 'X' CUT FND, / D=06'42'40" L=58.57' R=500.00' CB=N22"29'20"E CD=58.53' MAG ,NIL 30' PUBLIC ACCESS EASEMENT INST. NO. D219134583 LOT 5, BLOCK 113 CENTREPORT ADDITION / INST. NO. D219134583 I I GRAPHIC SCALE 0 20 40 I I( IN FEET ) 1 inch = 40 ft. I LINE TABLE I LINE BEARING DISTANCE I L1 S 88*09'17" W 72.84' I L2 S 55*53'13" W 15.00' I L3 N 34°57'41" W 2.50' I L4 N 55*53'13" E 15.00' I L5 S 34°57'41" E 2.50' c--- 04/14/2025 INST. NO. — Instrument Number TIMOTHY R. MANKI POB — Point of Beginning Registered Professional Land Surveyor No. 6122 POC — Point of Commencing JOB NO.: 19-0709 PEISER & MANKIN DATE: 04/14/2025 SURVEYING, LLC REVISION www.peis ersurveying. co SCALE: 1" = 40' FIRM NO. 100999-00 1604 HART STREET SOUTHLAKE, TEXAS 76092 DRAWN: J.B.W. 817-481-1806 (0) 817-481-1809 (F) LINETYPE TABLE BOUNDARY LINE ADJOINER LINE EASEMENT LINE Basis of Bearing — Based on subject plat ITl Texas PM Society of S Professional Surveyors LLC COMMERCIAL • RESIDENTIAL BOUNDARIES TOPOGRAPHY Member Since 1977 MORTGAGE SHEET 1 OF 2 PERMANENT EASEMENT ENCROACHMENT #3 FOR PRIVATE STORM LINES CROSSING PUBLIC WATER LINE AND EASEMENT EXHIBIT "C-3" LOT 6R2-1, BLOCK 113, CENTREPORT ADDITION CITY OF FORT WORTH, TARRANT COUNTY, TEXAS BEING that certain 62 square foot (0.001 acre) tract of land situated in the V. Hutton Survey, Abstract No. 681, City of Fort Worth, Tarrant County, Texas, and being a portion of Lot 6R2-1, Block 113, Centreport Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in Instrument Number D225051693, Official Public Records, Tarrant County, Texas, and being a portion of a 15 foot Water Easement recorded in Instrument Number D225051693, said Official Public Records, and being more particularly described as follows: COMMENCING at an 'X' cut found for the southeast corner of said Lot 6R2-1, some being the southwest corner of Lot 5, Block 113, Centreport Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in Instrument Number D219134583, Official Public Records, Tarrant County, Texas, some being in the north right—of—way line of FAA Boulevard (a variable width right—of—way per Instrument Number D215188864, Official Public Records, Tarrant County, Texas); THENCE along the common line of said Lot 6R2-1 and said Lot 5 as follows: North 15 deg. 12 min. 43 sec. West, a distance of 27.69 feet to an Y cut found for the beginning of a curve to the right, having a radius of 500.00 feet, a central angle of 10 deg. 28 min. 35 sec., and a chord bearing and distance of North 09 deg. 58 min. 23 sec. West, 91.30 feet; Along said curve to the right, an arc distance of 91.42 feet to angle point; THENCE North 81 deg. 52 min. 50 sec. West, through the interior of said Lot 6R2-1, a distance of 0.18 feet to the southeast corner of the herein described tract, same being in an easterly line of aforesaid 15 foot Water Easement, same being the POINT OF BEGINNING; THENCE North 81 deg. 52 min. 50 sec. West, continuing through the interior of said Lot 6R2-1 and said 15 foot Water Easement, a distance of 15.40 feet to the southwest corner of the herein described tract, same being in a westerly line of said 15 foot Water Easement; THENCE North 05 deg. 04 min. 57 sec. West, continuing through the interior of said Lot 6R2-1 and along a westerly line of said 15 foot Water Easement, a distance of 4.11 feet to the northwest corner of the herein described tract; THENCE South 81 deg. 52 min. 50 sec. East, through the interior of said Lot 6R2-1 and said 15 foot Water Easement, a distance of 15.41 feet to the northeast corner of the herein described tract, same being in an easterly line of said 15 foot Water Easement; THENCE South 05 deg. 04 min. 57 sec. East, continuing through the interior of said Lot 6R2-1 and along an easterly line of said 15 foot Water Easement, a distance of 4.11 feet to the POINT OF BEGINNING and containing 62 square feet or 0.001 acre of computed land, more or less. NOTE: See subject plat recorded in Instrument Number D225051693 for full boundary construction. JOB NO.: DATE: REVISION NOT TO SCALE DRAWN: 19-0709 PEISER & MANKIN 06/11/2025 SURVEYING, LLC The undersigned, Registered Professional Land Surveyor, hereby certifies that this legal description accurately sets out the metes and bounds of the easement tract described. S T T E F Timothy R. Mankin 6122 P �� 06/11/2025 TIMOTHY R. MANKIN Registered Professional Land Surveyor No. 6122 www.peisersurveying.com Texas PM FIRM NO. 100999-00 P ocoiety ofssionl S 1612 HART STREET surveyors LLC SUITE 201 J.B.W. SOUTHLAKE, TEXAS 76092 COMMERCIAL • RESIDENTIAL 817-481-1806 BOUNDARIES TOPOGRAPHY Member Since 1977 MORTGAGE PERMANENT EASEMENT ENCROACHMENT #3 FOR PRIVATE SHEET 2 OF 2 STORM LINES CROSSING PUBLIC WATER LINE AND EASEMENT EXHIBIT "C-3" LOT 6R2-1, BLOCK 113, CENTREPORT ADDITION CITY OF FORT WORTH, TARRANT COUNTY, TEXAS PRIVATE LOT 6R2-1, BLOCK 113 I PROPOSED I LOT 5I BLOCK 113 CE36' RCPNTREPORT ADDITION CENTREPORT ADDITION INST. NO. D225051693 i r L4 INST. N D219134 83 Lon PERMANENT L2 EASEMENT I Z� ENCROACHMENT #3 I I z> POB 62 SQ. FT. A I 0.001 ACRE I I N D=91.42'35" \ 30' SANITARY SEWER EASEMENT I TC R=500.00' \ INST. N0. D219134583 I J CO-4 CB=NO9*58'23"W 20'x 20' I ✓ "1 'CD=91.30' j ELECTRIC EASEMENT VOL. 8914, PG. 483 _ / 5 ENS pr pg4 10' ELECTRIC EASEMENT jr / 5 1NSj N0. / VOL. 8914, PG. 47801 / D. /,X10 P EASEMg 45a3 1N 1DSPACE 021g13 TMENT POCN0. 15 WAR LINE EASEMENT I MUwAI N CE� 5� 93 T INST. _ OpI VOL. 10� P� / P�g��C T bA 'X' CUT 10S 1ACE E02A A3 FND. v p,R� PER 19134583 PRF A�A�.p'M R1Gg a64) i�� N0O2151 INST. D28357625 I GRAPHIC SCALE The undersigned, Registered Professional 0 20 40 Land Surveyor, hereby certifies that this plat of survey accurately sets out the metes and bounds of the easement tract described. ( IN FEET ) 0 F T F� 1 inch = 40 ft. �P s T eR y I LINE TABLE * Fo * I LINE BEARING DISTANCE I L1 N 81 °52'50" W 0.18' Timothy R. Mankin I L2 N 81°52'50" W 15.40' I L3 N 05°04'57" W 4.11' < 6122 P I L4 S 81°52'50" E 15.41' °Es°�-�� LEGEND I L5 S 05°04'57" E 4.11' V 06/11/2025 INST. NO. — Instrument Number POB —Point of Beginning LINETYPE TABLE TIMOTHY R. MANKIN POC — Point of Commencing BOUNDARY LINE Registered Professional Land Surveyor No. 6122 g ADJOINER LINE p� JOB NO.: 19-0709 PEISER MANKIN EASEMENT LINE DATE: 06/11/2025 SURVEYING, LLC Basis of Bearing — Based on subject plat REVISION `vww.peisersurveying.com Texas PM SCALE: 1" = 40' FIRM NO. 100999-00 Society ofessional S 1612 HART STREET Surveyors LLC SUITE 201 DRAWN: J.B.W. SOUTHLAKE, TEXAS 76092 COMMERCIAL • RESIDENTIAL 817-481-1806 BOUNDARIES TOPOGRAPHY Member Since 1977 MORTGAGE 40 PERMANENT EASEMENT ENCROACHMENT FOR PRIVATE STORM LINE CROSSING PUBLIC WATER DRAWING SCALE LINE AND EASEMENT (ENCROACHMENT #1) 1"=40' EXHIBIT "C-4" LOTS 6R1 & 6R2, BLOCK 113, CENTREPORT ADDITION CITY OF FORT WORTH, TARRANT COUNTY, TEXAS 223,206 SQ. FT. OR 5.124 AC. 570 'III IIII 168161 560 PROPOSED GRADE ®� OF PIPE 555 EX. GPAD�_ 555 � cir riFc r 18"RGPQN0.9J I 550 550 Prop. 1' " Wtr PipE 545 / 545 O O 00LO fLO N � to U3 V) 1 f =40f H. II II �� n f LAT 'fZ'f °° Go cq °2 1 = 4 V. 540 540 0+& 1+00 0 40 PERMANENT EASEMENT ENCROACHMENT FOR PRIVATE STORM LINE CROSSING PUBLIC WATER m /J� DRAWING SCALE LINE AND EASEMENT (ENCROACHMENT #2) i"=40' EXHIBIT "C-5" ui (N W X W 2 (ifXW H(D Xof W az rr J 5�� �'� J 70 3 J j U 0 j O} C)Zf) m N N D U 565 560 555 550 545 [.'�5f7 j I EX. GRADE @ J OF FIPE PROPOSED GRADE ® OF PIPE I 18,E RCP OM 2.p5% co LAT 'fX" 535 LOTS 6R1 & 6R2, BLOCK 113, CENTREPORT ADDITION CITY OF FORT WORTH, TARRANT COUNTY, TEXAS 223,206 SQ. FT. OR 5.124 AC. 570 565 560 555 550 545 Nrop. I Wtr Pipe 540 clirZLo04 rZ Lo Lo �� U) 1 '=40' H. .11 11 -00 3 N 1 4' V. 535 0+�`` 1+00 j� PERMANENT EASEMENT ENCROACHMENT FOR LOTS 6R1 & 6R2, BLOCK 113, CENTREPORT ADDITION 0 40 PRIVATE STORM LINE CROSSING PUBLIC WATER CITY OF FORT WORTH, TARRANT COUNTY, TEXAS 223,206 SQ. FT. OR 5.124 AC. m /J� DRAWING SCALE LINE AND EASEMENT (ENCROACHMENT #3) i"=40' EXHIBIT "C-6" r ~ .W r W _ 570 pJ33 0 J3 570 J j� LL7U + m + + m O O O O a a 565 \ (� 565 560 I 560 EX, GRADE ©� OF PIPE 555 555 I I 550 E� • 36" RCP 550 '-'N I �I I 545 Prop. 1» 545 wtr PjpE 540 / 540 00 M Lq LO L 11 LO L LO LO 1 '=40' H. LAT "Y" co M ' - 1 4' V. M M 535 u- u--j 535 U+aJ 1 +00 EXHIBIT B Certificate of Insurance Tier II Easement Encroachment Agreement Page 11 of 11 Revised 12/2022