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HomeMy WebLinkAbout064474 - General - Contract - IV5 Frontier Commerce Park LPDate Received: 12/16/2025 Record Number: PN25-00074 Time Received: 4:47 p.m. City Secretary No.: 64474 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 IV5 Frontier Commerce Park LP, a Delaware limited partnership ("Licensee"), acting by and through its duly authorized representative. RECITALS WHEREAS, Licensee is the owner of the real property located at 7148 Wichita Street, Fort Worth, Texas 76140 ("Property"), being more particularly described as, Lot 1, Block 1, of Brookfield Frontier Industrial Park addition, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Deed Records, by Instrument Number D223048440 ; and WHEREAS, the City owns a 25' sanitary sewer easement (the "Public Property") adjacent to the Property, dedicated by plat, depicted on the final plat of the property (FP-24-129), which plat is recorded in the plat records of Tarrant County as Instrument D225183328; 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 12 Revised 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 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 actually 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 reasonably acceptable to the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department Tier 11 Easement Encroachment Agreement Page 2 of 12 Revised or their duly authorized representative. Any such removal of the Encroachment shall be in accordance with then -existing City regulations and policies. It is understood and agreed to by Licensee that if this Agreement terminates and Licensee fails to remove the Encroachment and restore the Public Property, Licensee hereby gives City permission to remove the F,ncroachment and any supporting structures from the Public Property, to restore the Public Property, and to assess a lien on the Property for the actual 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. 1.1 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 I1 Easement Encroachment Agreement Page 3 of 12 Revised G, 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, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE ENCROACHMENT AND USES GRANTED HEREUNDER, EXCEPT TO THE EXTENT THAT THE SAME ARE DIRECTLY CAUSED BY THE ALLEGED GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE CITY OR ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR LICENSEES 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 ENCROACHMENT AND ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS, EXCEPT TO THE EXTENT THAT THE SAME ARE DIRECTLY CAUSED BY THE ALLEGED GROSS NEGILGENCE OR WILLFUL MISCONDUCT OF THE CITY OR ITS OFFICER, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR LICENSEES OF THE CITY 10. While this Agreement is in effect, Licensee agrees to fiirnish City with a Certificate of Insurance naming City as certificate holder as proof that is has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and described in Exhibit "A." The amounts of such insurance shall be not less than $1,000,000 with the understanding and agreement by Licensee that such insurance amounts may be revised upward at City's option and that Licensee shall so revise such amounts immediately following notice to Licensee of such requirement. Such insurance policy shall not be canceled or amended without at least thirty (30) days prior written notice to the Building Official of the City. A copy of such Certificate of Insurance is attached as Exhibit "B" and incorporated herein for all purposes. Licensee agrees, binds, and obligates itself and its successors and assigns to maintain and keep in force such public liability insurance at all times during the term of this Agreement and until the removal of Tier II Easement Encroachment Agreement Page 4 of 12 Revised the Encroachment and restoration of the Public Property. 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 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. [a] 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 in, on, above, or below 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. Tier II Easement Encroachment Agreement Page 5 of 12 Revised IM In any action brought by the City under this Agreement, the City shall be entitled to recover interest and reasonable attorneys' fees 17. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. 18. Except as otherwise agreed to herein, 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, which shall not be reasonably withheld, conditioned, or delayed, 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. 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, condition, 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. Tier II Easement Encroachment Agreement Page 6 of 12 Revised 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] Pier II Easement Encroachment Agreement Page 7 of 12 Revised EXECUTED to be effective on the date signed by the City's Director of Development Services Department City: CITY OF FORT WORTH ti� By o.mm„ream«u,amsoao,:ucm D. J. Harrell Director, Development Services Department Date: 12/16/2025 ATTEST: e pa F�'°p°°Twoddn %z Jannette Goodall, condo 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. NOM Kandice Merrick Development Services Manager OFFICIAL RECORD CITYSECRETARY Tier II Easement Encroachment Agreement FT. WORTH, TX Page 8 of 12 Revised Licensee: IV5 Frontier Commerce Park LP a Delaware limited partnership by: IVS Frontier Commerce Park GP LLC a Delaware limited liability company i e eral rhter By: Name: Jason Bengert Title: Senior Vice President Date: DFCFW&Ee % 2026 STATE OF Texas § COUNTYOF Dallas § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Twvas , on this day personally appeared Jason Bengert, Senior Vice President (Title) known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed, as the act and deed of IV5 Frontier Commerce Park GP LLC, the general partner of, IV5 Frontier Commerce Park LP, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this q4' day of beam IOC*.+ ,2025. Nn44Pubhcmaa' the State of 7�Afr •pr°'•o, KELSETWIBE3 `$• 'Notary Publ�, Stets of Texa ! Comm. Expires W14202a ` Notary ID 133858036 Tier 11 Easement Encroachment Agreement Page 9 of 12 Revised 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 16th day of December 12025. Notary Public in and for the State of Texas Tier H Easement Encroachment Agreement Page 10 of 12 Revised EXHIBIT A Depiction and description of the Encroachment Tier 11 Easement Encroachment Agreement Page 11 of 12 Revised ������1�'E'� �'� ��� •� � l . ��������r � � % .���; -��I �� �: _ _ r _ �� _ ��:. !� -�- � ���� ��� - .� .r, :�.�;. �� - ., ,,. • -- --- EXHIBIT "A" ENCROACHMENT EASEMENTS A PART OF LOT 1, BLOCK 1, BROOKFIELD FRONTIER INDUSTRIAL PARK OVERALL ®D � �Gg1YypNV,ul 15 scALE FEET Y-Y(� LOT 3, BLOCK 2 IAL PARK LOT 2, BLOCK 2 C.C.D. NO. UD223087293 WICHITA INDUSTRIAL PARK 5� P P.R.T.C.T. C.O.D. 29 40. D2230.C.T. TEXAS ELECTRIC SERVICE COMPANY P.R.T.C.T. VOLUME 1654, PAGE 237 A 5� D.R.TC.T. YpG.1 �TR� POINT OF 8.,�1.1 T10• �pwtgy. 2W 04-W u7 COMMENCING GO (,'S .JB' N>4 PARCELS 1 & 2 I psi i I SMU40E � 2SQ03,� 4� 144- p !&81• _ GC.D µ1TARV R.Jn2'. L=267AIf / P.R_tC.T� 0n51'�'u2Ee"se"u�A�B�>s —r o. / I POINT OF ��— BEGINNING I BEGINNING — PAR M I W at LOT 2, BLOCK 1 vAADEL1 LOT 1, BLOCK 1 BROOKFIELD FRONTIER INDUSTRIAL PARK BROOKFIELD FRONTIER INDUSTRIAL 61 C.C.D. NO. D225183328 PARK N78'06'50'W P.R.T.C.T. C.C.D. NO. D225183328 36.45' I P.R.TC.T. I �APPR A OF SJRN:Y UNE 1 g.1F I Y�c1; p0;15 YOOg1 �19, Is f I S Yg4 0151,�o gP� C`�o I1I I I 'lI CGM W. -COUNTY CLERKS DOCUMENT NUMBER r(=TEHN DA.TGT, s DEED RECORDS, TARRANT CWNTY, TEAS P.M..6.T. a PLAT REW I)S, TARRANT OOUNTY, 1E%AS . OLOSUPA meW and bmM aeearlpfpn of even MW me ponMe %b &awing. _ w N �DUNAWAY sso'm`Yr nge'a a lW i -FWMnTea. Mw T10/O6/2025 PAGE 1 OF 5 DATE: OCTOBER 06. 2025 Tp(ASP.EIXST XRMNGRRMNO.IMWW DUNAWAY JOB NO. B008770.002 EXHIBIT "A" ENCROACHMENT EASEMENTS A PART OF LOT 1, BLOCK 1, BROOKFIELO FRONTIER INDUSTRIAL PARK PARCEL 1 LOT 3. BLOCK 2 WICHITA INDUSTRIAL PARK D 60' C.C.D. NO. D223087293 P.R.T.C.T. A. SCALE FEET p {86 & ;5 LOT 1. BLOCK 1 BROOKFIELD FRONTIER INDUSTRIAL POINT OF C.C.D. NO. D225183328 BEGINNING P.R.T.C.T. PARCII I 51I 943'48"W TZ SANITARY SEVER EASEMENT 27.177 GC.D. N0. 02TS103T28 P.RT.CT LOT 2, BLOCK 1 BROOKFIELD FRONTIER INDUSTRIAL PARK C.C.D. NO. D225193328 P.R. T.C.T. GLD. NO OWNTY CLERK'S DOOJELENT NUMBER D.R.T.C.T. = DEED RECORDS TARRANT CWNTT. TEXAS PR.T.C.T. = PLAT IEC % TARRANT COUW TEXAS A metes anal bounds 6escOptien d am d to nccaepsnbe NM 6mdng WTOEER 0% 200 t— FEET 40 1y 0�y qU� 013 six IVS FRONTIERC.0 DNO.DCOM223048440 MERCE K. LP D.R.T.C.T. Awz DUNAWAY M BdIw Avenue . Wis". W RroOh Tems761 W Te1:817.05B1121 1FXl31EGlS1EREDSURVEYINGFRM NO. 1C 81W 10/06/2025 POLE 2 OF 5 WNAMAT JOB NUMBER BDOBTTO.OD2 EXHIBIT "A" ENCROACHMENT EASEMENT A PART OF LOT 1, BLOCK 1, BROOKFIELD FRONTIER INDUSTRIAL PARK PARCEL I PROPERTY DESCRIPTION BEING a tract of land situated In Block 15, Shelby County School land Survey, Abstract No.137S, City of FortWorth, Tarrant County, Texas, being part of Lot 1, Block 1, Brookfield Frontierindust ial Park, an Addhion to the City of Fort Worth, accordingto the plat recorded in County Clerk's Document Number D225183328, Plat Records, Tarrant Co unty, Texas, and being part of the certain tract of land described as Tract 1 by deed to IV5 Frontier Commerce Park, LP, recorded in County Clerk's Document Number D223048440, Deed Records, Tarrant County, Texas, said tract of land being more parties larly descd bed as follows; COMMENCING at a point in the west line of a tract of land described by deed to Texas Electric Service Company, recorded in Volume 1654, Page 237, Deed Records, Tarrant County, Tens, for the southeast comer of Block 2, Wichita Industrial Park, an Addition to the City of Fort Worth, recorded in County Clerk's Dow mein Number D223087293, Plat Records, Tarrant County, Texas, and the northeast comer of said La 1, Block 1, Brookfield Frontier Industrial Park, for the beginning of a non -tangent curve to the right having a central angle of 18' 21' 44", a radiusof 771.95 feet, and a chord bearing and distanceof North Sr 15' 37"West- 246.34 feet; With the north line of said Lot I, Block 1, Brookfield Frontier Industrial Park, the south line of said Block 2, Wichita Industrial Park, and said non -tangent curve to the right, in a northwesterly direction, an arc length of 247.40 feet to a point; North 78. 04' 45" West, continuing with the north line of said lot 1, Block 1, Brookfield Frontier Industrial Palk, the south line of said Block 2, Wichita Industrial Park, a distance of 280.63 feet to a point for the beginning of a curve to the left having a central angle of 16648' 370, a radius of 1,189.65 feet, and a chord bearing and distance of North 860 29' 04" West -347.79feet; Continuing with the north line of said Ixn 1, Block 1, Brookfield Frontier Industrial Park, the south line of said Block 2, Wichita Industrial Park, and said curve to the left, in a northwesterly direction, an arc length of 349.04 feet to a Point; South 056 53' 40' East, departing the north line of said Irn 1, Block 1, Brookfield Frontier Industrial Park, the south line of said Block 2, Wichita Industrial Park, and crossing into said Lot 1, Block 1, Brookfield Frontier Industrial Park, a distance of 88.61 feet to the POINT OF BEGINNING of herein described tract of land; THENCE continuing across said Lot 1, Block 1, Brookfield Frontier Industrial Parly the following courses and distances: South 1r 43' 48" West, a distance of 27.17 feet to a point; South 78' 39' Sr West a distance of 7.79 feet to a point; North 110 43' 48" East, a distance of 27.17 feet to a point; North 78' 39' 51" East, a distance of 7.79 feet to the POINT OF BEGINNING and containing a calculated area of 194 square feet or 0.004 acre of land. Notes The boats of hearings for this Eoaement Is the Texas coordinate S he f IM. North Centel Zane. 4202, based upon WS measurements, acmrdbe to the Cis Reference Nelewk. A drawee of con dab accompanies; lhb metes and boards d®crlptkin. The codas and bound description cmtaeea herein eas complied from Information contained In PAM 3 OF 5 recorded doaamerde as des sat rested the results of an an she around ee ee doe Nusli Baoenaoo2 c Regldered Pro- krxl Wool 5 yor Texas Registration No. 55T0 arg"nawaycom October 06. 2025 DUNAWAY 5506aleyAYawe • Wle400 •" Wx1h,Toros761W Tet 81].3aS1121 lE%A$ REGISIEY®$IMUEYING H RM NO. 100� 1(D / EXHI BIT A tiE v� F, Tf. PARCEL 1 �t STf'•-f �Fa ENCROACHMENT EASEMENT ��' * y A PART OF LOT 1, BLOCK 1, MEN R. GLOSUP BROOKFIELD FRONTIER INDUSTRIAL PARK ;.era 5570 �, ;je $ B RN An to the city of Fod Boa. aoaardng to the yyMahlon 0=1833= plat hands. Tarrant (buMx �mr EXH/BI T A' ENCROACHMENT EASEMENT A PART OF LOT 1, BLOCK 1, BROOKFIELD FRONTIER INDUSTRIAL PARK 1 LOT 3. BLOCK 2 PARCEL 2 / p Ap, NICHITA INDUSTRIAL PARK I ' C.C.D. N0. D223067293 I ® P.R.T.C.T. POINT OF 1 w' COMMENCING PARCEL 2 LOT 1, BLOCK 1 — — — — / r BROOKFIELD FRONTIER INDUSTRIAL PARK / C.C.D. NO. D225183328 / jy c P.R.T.C.T. TRACT 1 U IVS FRONTIER COMMERCE PARK, LP C.C.D. NO. D223048440 D.R.T.C.T. / p Safi 25 SANRARY SLWFR EASEMENT C.CD. N0. D2251B382B P.R.T.C.T POINT OF BEGINNING PARCEL 2 S78'04'49"E rYy `�3s N76.06, I8.< I _ N11'43'46NE �" 0.004 ACRE / 208 SQUARE FEET 517'43'4B'W ENCROACHMENT EASEMENT I 25.00' �I N78'04'49'W 1 / eL�1Vs�o•�� I I BVC���P I I I 1 �f .OF 7F =.D. W. - CUUNTY CLERMS DOCUMENT NUMBER ",: Gl S♦aTfRf:9 D.R.T.C.T. - DEED RECORDS, TARRANT COLNTY, MAS yi a S'r P.R.T.C.T. - PUT RECORDS. TARRANT 00UNV,, MAS STEPHEN R. GLOSUF A met® and bounds dery t"wn of own daU aeaompanlee Me ftwin; a AAA„- S5�n _..FA SUR"' DUNAWAY 4Z vso BmisyA.anu iSuitat e .list W« .Tsm576107 10/06/2025 OCTOBER M. 2025 1F.CAS REC1lT94=D SIIR/EYN(i RRM NO I W98100 DUNAWAY JOB NUMBER SOOBT20.002 EXHIBIT A" ENCROACHMENT EASEMENT A PART OF LOT le BLOCK 1, BROOKFIELD FRONTIER INDUSTRIAL PARK PARCEL 2 PROPERTYDESCRIPTION BEING a tract of land situated in Block 15, Shelby County School land Surrey, Abstract No. 1375, City of Fort Worth,Tarrant County, Texas, being part of got 1, Block 1, Brookfield Frontier Industrial Park, an Addition to the City of Fort Worth, according to the plat recorded in County Clerk's Document Number D2251B3328, Plat Records, Tarrant County, Texas, and being a part of the certain tract of land described as Tract 1 by deed to IVS Frontier Commerce Park, LP, recorded in County Clerk's Document Number D223D48440, Deed Records, Tarrant County, Texas, said tract of land being more ps nicularly described as follows; COMM ENONG at a point in the west line of that certain tract of land described by deed to Texas Electric Service Company, recorded in Volume 1654, Page 237, Deed Records, Tarrant County, Texas (D.R.T.C.T.), the southeast comer of Lot 3, Block 2, Wichita In dustral Park, an Addition to the City of Fort Worth, recorded in County Clerk's Document Number D223087293, Plat Records, Tarrant County, Texas (P.R.T.CT.), and the northeast comer of said Lot 1, Block 1, Brookfield Frontier Industrial Park; South 11' 53' 11Y West, with the west line of said Texas Electric Delivery Company tract and the east line of said Lot 1, Block 1, Brookfield Fromie r Industrial Park, a distance of 108.32 feet to a point; North 78. 06' 500 West, departing the west I lne of said Texas Electric Delivery Company "a and the east line of said Lot 1, Block 1, Brookfield Frontier In dlstrial Park, crossing into said Lot 1, Bloda, Brookfield Frontier Industrial Park, a distance of 36.45 feet to the POINT OF BEGINNING of herein described tract of land; THENCE continuing across said Lot 1, Block 1, Brookfield Frontier Industrial Park, the following courses and distances: South 11. 43' 4e West, a distance of 25.00 feet to a point; North 7r 04' 4T West, a distance Of 833 feet t0 a point; North IT 43' 48" East, a distance of 25.DO feet to a point; South 780 04' 49" East, a distance of 9.33 feet to the POI NF OF BEGINNING and containing a calculated area of 208 square feet or DAOG acre of land. Notes: The basis of bearings fur this Easement Is the Texas Coordinate System of 103. North central Zone. 4202, based upon CPS meuswrnrds, accardbg to the GPS Reference Ngdmis A drawl" of even dole acconpanles this males and bounds description. The metes and bounds deenstion contained herein was compiled from Information contained h wzeaw Stephan R. Das,v Registered Profeeelonal Lath Suniewr Temo Registration No. 58M ergwdpnowaycam norlaer N, M25 Ali DUNAWAY SSDBaIey Avenge. • Sufie40a • FM WorIhiexae 76I07 nb:811.355.1121 iIXA9 PEr 1FRBJSURVEwNG MMtd0. 100981W PAM 5 OF 5 EXHIBIT A p» T t r `w. f ✓ t6TC i Rfp PARCEL ENCROACHMENT EASEMENT I ,QR.O up A PART OF LOT 1, BLOCK 1, BROOKFIELD FRONTIER PHEN R. GLOSUP INDUSTRIAL PARK Addition to the car of Fart with, according to fire plat recorded m County Dark's Document Number D225183328. Fat Retards, firmest Canty{ Texas LOT 2 BLOCK �/ ^ 1 EX BROOKFIELI FRONTIER IT ~Ir, F INDUSTRIAL 7m 7 ?00 aoo PRIVATE 1 STORM 1 GRAPHIC SCALE IN FEET _T 6'X3 RCB , W STORM LINE PUBLIC I 8" DIP SANITARY o ,� ��,� i SEWER LINE- 'i w `� �I - BUILDING 1 'u F.E M.A FLOOD ZONE A; PER F I.R.M. u0 a c = 284,3995E NO. 48439CO320L, DATED 00 u r III I LOT 1, BLOCK 1 ' I '; MARCH 21, 2019 _ r Z a I. BROOKFIELD FRONTIER I I G4RRETT FAMILV PARTNERS LTD. O 41 INDUSTRIAL VOL, 12505, PG. 253 F- — PUBLIC c� 18" DIP SANITARY` PRIVATE - SEWER LINE 7'X3' RCB _- —L STORM LINEJ Ij�It STORM 2 FLOOD ZONE A, PER F.LR: M. '.E.M.A -- -- NO. 48439CO320L, DATED - - ex, 0 Ss — r, u S MARCH 21 p 2019 \ ONCOR ELECTRIC DELIVERY CO LLC� EASEMENT ENCROACHMENT AGREEMENT PART OF LOT 1 BLOCK 1 BROOKFIELD FRONTIER INDUSTRIAL ,` DUNAWAY a 77.959 acre addition to the City of Fort Worth, Tarrant County, Texas, situated in Blocks 13, 14 and 550a ley AreFve •.maen00. w Wcrth,rm 74107 15, Shelby County land Survey. Abstract No. 1375 *ecalraae.uzl (MIxG. Fdlbl DNAWAy =Mm YAVn�.s fte .FWWWkT�rstw tseanus.nzt nrt Fa»a EXHIBIT "A" \ �_ 0 40 A0 GRAPHIC SCALE IN FEET` j' OIP SANsITARY PRIVA SEWER LINE 6'X3' RCB FORM UNE. ROPERTY LINE STORM ROACHMENT., �\ � SPNISEMENt 25' EP NO. � 5 Y� 0 Sg328 .r I EASEMENT ENCROACHMENT AGREEMENT PART OF LOT 1 BLOCK 1 BROOKFIELD FRONTIER INDUSTRIAL a 77.959 acre addition to the City of Fort Worth, Tarrant County, Texas, situated in Blocks 13, 14 and 15, Shelby County land Survey, Abstract No. 1375 m EXHIBIT "A" SD Line 4 m o DEMO . 0 No Cl ■■ ■■■�M 0 INS NMI Sol MEN .; ,. ,- ■ OM�� ■■■■■■■■■■ DtJNAWAy MO eollw Avenue • suite mo • Fcn wens, T� 16187 Tel: 817.3 .1121 1 REc. F 11141 PROFILE SCALE HORIZ: 1" = 40' VERT: 1" = 2' STORM #1 ENCROACHMENT AGREEMENT BROOKFIELD FRONTIER INDUSTRIAL FORT WORTH, TEXAS - - j "All HX I0IT 25' SANITARY SEWER EASEMENT / C.C.D. NO. n as sa �. D225183328 .� j ;III P.R. T,C, T, / -- -- i, - fl UBUC 8° GRAPHIC SCALE IN FEET II SANITARY YDIP EWER LINE ROPERTY GJ/oiaA TX3' RC STORM LIN I. LINE ------- STORM -- — — — — — -- - -. - ENCROACHMENT -10"SS _ ® U 10'SS EX-10"SS — PROPERTY LINE _ F.E.M.A FLOOD ZONE A PER F.LR.M. ,��,-�1 I i��•.. NO. 48439C0320L DATED MARCH 211 2019 , EASEMENT ENCROACHMENT AGREEMENT PART OF LOT 1 BLOCK 1 BROOKFIELD FRONTIER INDUSTRIAL a` RUNAWAY a 77.959 acre addition to the City of Fort Worth, Tarrant County, Texas, situated in Blocks 13, 14 and seoedieyn a-5dtee00•ra Mw Te 376107 15,Shelby County land Surrey, Abstract No. 1375 Td:817 + 1121 Uxaa. ww114 660 EXHIBIT "All SD Line 5 m m NONE C::. MENEM■d:�:■ 'ii■ii ii"■i'■ni0�i i■■■'■r ®. ■ C moll O DUNAWAy 5 Boiey Avenue • Sulle <W • FoO N dh. Terc s Ul W U1:e173u.1121 MR . F-11141 PROFILE SCALE HORIZ: 1" = 40' VERT: 1" = 2' STORM #2 ENCROACHMENT AGREEMENT BROOKFIELD FRONTIER INDUSTRIAL FORT WORTH, TEXAS EXHIBIT B Certificate of Insurance Tier II Easement Encroachment Agreement Page 12 of 12 Revised FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: IV5 FRONTIER COMMERCE PARK LP Subject of the Agreement: Tier II Easement Encroachment M&C Approved by the Council? * Yes ❑ No If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No If unsure, see backpage for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No ® Ifonly speck information is Confidential, please list what information is Confidential and the page it is located. Certificate of Insurance Effective Date: Date Director signs Expiration Date: 30 years from execution If diereni from the approval date. If applicable. Is a 1295 Form required? * Yes ❑ No *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes ® No ❑ Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.