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HomeMy WebLinkAboutContract 45821CITYSECRmjIy., CONTRACT NO. 1-6-Cift EASEMENT ENCROACHMENT LICENSE AGREEMENT Commercial THIS AGREEMENT is made and entered into by and between THE CITY OF FORT WORTH, a horde rule municipal corporation of Tarrant County, Texas ("City"), acting by and through its duly authorized City Manager, its duly designated Assistant City Manager or its Planning and Development Director, and FEDERAL EXPRESS CORPORATION, a Delaware corporation ("Licensee"), owner of the real property located at the intersection of Heritage Parkway and Worldwide Drive in Denton County, Texas, as more particularly described in the attached Legal Description of the Property (the "Property"). RECITALS WHEREAS, Licensee is the owner of certain real property situated in the City of Fort Worth, Denton County, Texas, more particularly described in the attached Legal Description of the Property; and WHEREAS, City has a 23,970 square foot permanent water easement (the "Water Easement") and a 49,300 square foot sewer utility easement (the "Sewer Easement") that are each exclusive as to their subsurface areas (collectively, the "Easement", whether one or more) in the Property as described or depicted in Exhibit "A" attached to this Agreement and incorporated herein for all purposes; and WHEREAS, Licensee desires to construct/place and maintain certain improvements related to the Water Easement and the Sewer Easement, which will encroach onto each such Easement; and WHEREAS, City will allow the encroachment under the terms and conditions set forth in this Agreement to accommodate the needs. of Licensee. NOW, THEREFORE, the City and Licensee agree as follows: AGREEMENT 1. City, in consideration of the payment by Licensee of the fee set out below and the covenants and agreements hereinafter contained, to be kept and performed by Licensee, hereby grants permission to Licensee to encroach upon and occupy a portion of the Easement for the purpose of constructing, maintaining, modifying and replacing the facilities related to the Water Easement and the Sewer Easement (the "Encroachment", whether one or more) as described in and at the location shown on Exhibit "A" but only 2014 Easement Encroachment Agreement -Commercial Rev. 04/30/2014 2143865.1 Page 1 of 18 OFFICIAL ECORD CITY SECRET RV �IJe ORM, TM CITYSECRETAW COWRACT 140.a_ r EASEMENT ENCROACHMENT LICENSE AGREEMENT Commercial 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, its duly designated Assistant City Manager or its Planning and Development Director, and FEDERAL EXPRESS CORPORATION, a Delaware corporation ("Licensee"), owner of the real property located at the intersection of Heritage Parkway and Worldwide Drive in Denton County, Texas, as more particularly described in the attached Legal Description of the Property (the "Property"). RECITALS WHEREAS, Licensee is the owner of certain real property situated in the City of Fort Worth, Denton County, Texas, more particularly described in the attached Legal Description of the Property; and WHEREAS, City has a 23,970 square foot permanent water easement (the "Water Easement") and a 49,300 square foot sewer utility easement (the "Sewer Easement") that are each exclusive as to their subsurface areas (collectively, the "Easement", whether one or more) in the Property as described or depicted in Exhibit "A" attached to this Agreement and incorporated herein for all purposes; and WHEREAS, Licensee desires to construct/place and maintain certain improvements related to the Water Easement and the Sewer Easement, which will encroach onto each such Easement; and WHEREAS, City will allow the encroachment under the terms and conditions set forth in this Agreement to accommodate the needs of Licensee. NOW,THEREFORE, the City and Licensee agree as follows: AGREEMENT 1. m r' City, in consideration of the payment by Licensee of the fee set out below and the m :2 covenants and agreements hereinafter contained, to be kept and performed by Licensee, r+-1 hereby grants permission to Licensee to encroach upon and occupy a portion of the L, Easement for the purpose of constructing, maintaining, modifying and replacing the facilities related to the Water Easement and the Sewer Easement (the "Encroachment", ° whether one or more) as described in and at the location shown on Exhibit "A" but only 2014 Easement Encroachment Agreement-Commercial Page I of 18 Rev. 04/30/2014 . ������I��������� 2143865.1 OFFICIAL I C II Ity CITY SECREURY *b , WOR 011IIIL Hy TX to the extent shown thereon. Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroacl-u-nent within and above the Easement. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on the City's Easement beyond what is specifically described in the Exhibit(s) attached hereto. 2. All construction, maintenance and operation in connection with such Encroachment, use and occupancy shall be performed in strict compliance with this Agreement and the City's Charter, Ordinances and Codes and in accordance with the direction of either the Director of the Transportation and Public Works or the Director of the City's Water Department, or his or her duly authorized representative. Licensee shall submit all plans and specifications to the appropriate Director or his or her duly authorized representative prior to the construction of the Encroachment. Licensee shall not commence construction of the Encroachment until receiving written approval by the Director, but such approval shall not relieve Licensee of responsibility and liability for concept, design and computation in the preparation of such plans and specifications. 3. Upon prior written notice to Licensee, except in the case of an emergency, Licensee agrees that City may enter and utilize the referenced areas at any time for the purpose of installing, repairing, replacing or maintaining improvements to its public facilities or utilities necessary for the health, safety and welfare of the public or for any other public purpose. City shall bear no responsibility or liability for any damage or disruption or other adverse consequences resulting from the Encroachment installed by Licensee, but City will make reasonable efforts to minimize such damage. In the event that any installation, reinstallation, relocation or repair of any existing or future utility or improvements owned by, 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 uses provided for u' I this Agreement, Licensee shall pay to City an amount equal to such additional cost as reasonably determined by either the Director of Transportation and Public Works or the Director of the Water Department, or said Director's duly authorized representative. 4. Licensee agrees to pay to City at the time this Agreement is requested an application fee of$325.00 in order to defray all costs of inspection and supervision which City has incurred or will mcur as a result of the construction, maintenance, inspection or management of the Encroachment and uses provided for by this Agreement, then the, aTrrotrnt-----vf 2014 Easement Encroachment Agreement-Commercial Page 2 of 19 Rev. 04/30/2014 2143865.1 5. The term of this Agreement shall be for 30 years, commencing on the date this Agreement is executed by City. However, this Agreement shall terminate upon Licensee's non-compliance with any of the terms of this Agreement after notice and opportunity to cure as described herein. City shall notify Licensee in writing of the non- compliance and if not cured within 30 days, this Agreement shall be deemed terminated, unless such non-compliance is not susceptible to cure within 30 days, in which case this Agreement shall be deemed terminated in the event that Licensee fails to commence and take such steps as are necessary to remedy the non-compliance within 30 days after written notice specifying the same, or having so commenced, thereafter fails to proceed diligently and with continuity to remedy same, 6. It is further understood and agreed between the parties hereto that the Easement to be used,and encroached upon is held by City as trustee for the public; that City exercises such powers over the Easement 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 Easement for the use and benefit of the public. It is accordingly agreed that if the City's governing body at any time during the term hereof determines in its sole discretion to use or cause or permit the Easement to be used for any other public purpose that does not preclude the use of the Encroachment on the Property, including but not being limited to underground, surface or overhead communication, drainage, sanitary sewage, transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not, the parties agree to negotiate in good faith in order to accommodate the Encroachment and the public purpose. 7, 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, ARISING OUT OF OR IN CONNECTION WITH, 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 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 2014 Easement Encroachment Agreement-Commercial Page 3 of 18 Rev.04/30/2014 2143865.1 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. 8, While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance naming City as certificate holder, as proof that it 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 Commercial General Liability 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 30 days' prior written notice to the Building Official of the City of Fort Worth. A copy of such Certificate of Insurance is attached as Exhibit "B". Licensee agrees to submit a similar Certificate of Insurance annually to City on the anniversary date of the execution of this Agreement. Licensee agrees, binds and obligates itself, 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 the cleaning and restoration of the Easement. All insurance coverage required herein shall include coverage of all Licensees' contractors and subcontractors. 9. Licensee agrees to deposit with 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 Denton County, Texas. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. 10. Licensee agrees to comply fully with all applicable federal, state and local laws, statutes, ordinances, codes or regulations in connection with the construction, operation and maintenance of the Encroachment and uses. 2014 Easement Encroachment Agreement-Commercial Page 4 of 18 Rev. 04/30/2014 2143865.1 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. 12. 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. 13. 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 Easement and is not a conveyance of any right, title or interest in or to the Easement 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. 14. City shall be entitled to recover interest and reasonable attorney's fees in any action brought by the City for the enforcement of the obligations of the Licensee. is. The parties agree that the duties and obligation contained Sections 3 and 4 shall survive the termination ofthis Agreement. 16. 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 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 2014 Easement Encroachment Agreement-Commercial Page 5 of 18 Rev. 04/30/2014 2143865.1 its duties and obligations hereunder upon City's approval in writing of such assignment, which approval shall not be unreasonably conditioned or withheld. 17. 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. is. This Agreement shall be binding upon the parties hereto, their successors and assigns. SIGNATURES APPEAR ON FOLLOWING PAGE] 2014 Easement Encroachment Agreement-Commercial Page 6 of 18 Rev. 04/30/2014 2143865.1 201by the City of THIS AGREEMENT may be executed in multiple counterparts, each of which shall be considered. an original, but all of which shall constitute one instrument. City CITY OF FORT WORTH By: Randle Harwo •��� Di ector Planning and Development Department Attest: City Secretary STATE OF TEXAS COUNTY OF TARRANT Licensee: FEDERAL EXPRESS CORPORATION, a Delaware corporation Y' Name: Oita 6/61.ibt /GC - /17)-e4iAte Approved Title: . d As To Form and Legality /fiic/c. istant City Attorney This instrur nt was ac criowledged before me on I Harwood, Director of the Plan 'ng and Devel h. _out IN • •• es �!s'• • • 8�,• • •so- CASSANDRA F. FOR MAN Notary Public, State of Texas My Commission Expires Aprll 26, 2017 . 2014 Easement Encroachment Agreement -Commercial Rev. 04/30/20 l 4 2143 865.1 Legal Department 6 0 ilifikiwa ent Department of tary Public, State of Texas OFFY °ktCORD ©n1 V (3,02FOW `U0 vonIlJ , F STATE OF TENNESSEE § COUNTY OF SHELBY § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Tennessee, on this day personally appeared VP (name], of Federal Express Corporation, a Delaware corporation, known to me to be the person whose name is subscribed to the foregoing instrunnent, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of Federal Express Corporation, a Delaware corporation, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1164 day of , 20 fq, st ia % 2014 Easement Encroachment Agreement -Commercial Rev. 04/30/2014 2143865.1 Notary Public, State of Tennessee Page 8ofl8 LEGAL DESCRIPTION OF THE PROPERTY BEING atract of land situated iuthe E.B. Peter Survey, Abstract No. )626 and the Heirs of Jonathan Evans Survey, Abstract No. 396, City of Fort Wudb` Denton County, Texas and being part ofu called 40.374 acre tract of land described io Warranty Deed to Federal Express Corporation recorded in \/o)oouc 4349, Page 1384, Deed Ilnuordo of Denton County, Texas, arid part of buot of land described as Tract l in Warranty I)ccd 1n Federal Express Corporation recorded in \/o|oroc 4352, Page 99, Deed Records of Denton County, Texas arid being more particularly described as follows: BB<3}NyV1yJG at u 5/8" iron rod found for corner in the north right-of-way )iuc of World Wide Drive (ad8-fontwide right-of-way) at the southeast corner ofLot l, Block l, Pedex Addition, an addition 10 the City of Fort Worth, Texas, according to the pim1 thereof recorded in Cabinet yJ` Page |5Z, Plat Records nf Denton County, Texas; THENCE departing said north right-of-way line of World Wide Drive, with the east |ioc of said Lot 1, North 10"25'29" West, adistance of 955.56 feet to a5/O" iron rod with "KfIA" cap set at the beginning of non-tangent curve to the right having a central angle ' of 89'57'01", uoudjua of550.0Dfeet, uuhord bearing and distance of North 34"36'0l" East, 777.48feet; THENCE departing the said east line of Lot 1, the following courses and distances: lnn northeasterly direction, with said curve 10 the right, uo are distance of863.46 feet tna 5/0" iron rod with "KB/\" cap set for corner; North 79"34'3|" East, u distance of 695.12 feet to a 5/8" iron rod with ''lQR/\" cap set at the beginning ofu tangent curve to the right having o central angle o[39"50'48", aradius of550.00 feet, a chord bearing and distance of South 8U"30'U5" East, 374.84feet; In u southeasterly direction, with said curve 10 the right, uo arc distance of382.50 feet &oo 5/0" iron rod with ''K1l/\" cap set for corner io the east line of said Tract l; THENCE with the east line of said Tract ), South 60'34'41" East, adiotaoon of 384.28 feet to u 5/8° iron rod with "Carter Burgess" cap found for comer in the uonLhvveot right- of-way )iou of Heritage pmrkvvoy(a 120-foot wide right-of-way); THENCE with said oodbvveot right-of-way line,the following courses and distances: South 2P°25')9" West, udiu1aooc of 681.78 feet to u 5/8" iron cod with "Carter Burgess" cup found at the beginning of a tangent curve in the right having u central angle of 9"45'59", aradiuo of2040.00 feet, ucbord bearing and distance o[South 34°lQ'lQ" West, 347.31 feet; In aoou1bvvooteriy direction, with said curve to the right, mn arc distance o[347.73 feet to o 5/8" iron rod with "Carter Burgess" cap found for corner; South 39=l|'lU" West, u distance oy552.)9 feet toa5/D" iron rod with "Carter Burgess" cap found at the beginning of tangent curve 0o the left having u central angle of 74l'l2". a radius of2l00.0O feet, a chord bearing and distance oy South 35"20'43" West, 289.56 feet; 2O\4 Easement Encroachment Agreement-Commercial Page 9of18 Rev. 04/30/2014 Ina southwesterly direction, with said curve to the left, an arc distance of2Q978feet to 5/8" iron rod with "Curter Burgess" cap found at the east corner of curving corner clip at the intersection of the said uordbwcm{right-of-way |ioc of Heritage Parkway and the said north |ioc of World Wide at the beginning of reverse curve to the right having a central angle of 88'12'39", a radius of 35.00 feet, a chord bearing and distance of South 75"36'O4" West, 48.72feet; THENCE in uuouthvvcatcdy direction, with said corner clip and said curve to the right, an are diotuooc of 53.88 b:ct to a 5/8" iron rod with "Carter Burgeoa" cup found at the vveu< corner of said corner clip and dic end ol said curve; � THENCE with the said oodb line of World Wide Drive, the following coozoca and distances: Nndb 60"1759" VYcu<, a dio1aooc of 19.04 feet to o 5/8" iron rod with "KH}\" cup set at the beginning of a tangent curve to the left having a central angle of 40'07'29", a radius of 8U6.99 feet, u chord bearing and distance of North 80"2l'44" West, 553.66feet; In a northwesterly direction with said curve to the \e<l` an are distance of 565.14 feet to the POINT OF BEGINNING and containing 50.179 murcu or 2,185,775 nqourc feet of land. � %0\48asemom2ncmudm`uuAgreement-Commercial Page l0of)8 Rev.04/3 0/2014 EXHIBIT A EASEMENTS AND ENCROACHMENT AREA (see following 5 pages) 2014 Easement Encroachment Agreement-Commercial Page I I of 18 Rev.04/30/2014 MATCH LINE (SEE- SHEET 3) N Ex C �. 8t9 100 T t "TRACT I" GRAPHIC SCA,E N FEET FEDERAL EXPRESS eig CMPC1RA710 wt �t m VOL.,4352 t30,99 LOT 1,BLOCK i F DEX ADOI16o':N LEGEND CAB,N„PC,152 � R �.nb�a9�o1x 91=:AtiFr�r.� P.O.B,=POINT OF BEGINNING tAC.ut.,,3095F Pm 242 P°O°C,w POINT OF COMMENCING 01p to a 'A IRF 4 IRON ROD FOUND 20 PAPA N M RA0'K D.R2 D.C,T,-DEED RECORDS, &PAVOIG SETBAC X& WIN—.ICFtrt 6 GC 242 DENTON COUNTY,TE S G•U T1Lrra'F AMt Nt .° .� CP FC QtoA;;'r, sir � rCU VARIABLE WIDTH VMTER EASEMENT 0,,155D ACRES re 23,970 M Fr A';YM 4t� Po�. � q P.\ �p 'gay °Jpxy Jyp�4Te.4YY.Ry�� � �µ N.+s Q"`1.p ur111.11'l;;�z ary�:�UF�.p.F�NG g�kkE WsAC34 (..'RmND'1'31*46"E t Gp BA�.Y ,. ~�x 29 PAVING SETBACK w.CG VOL.R1.3IT, FCC"242 "T CT 2' FEDERAL EXPRESS CORPORATION NOTES VOL,435,PG.99 All teaungs shown are based on 3.R.D.C°T VARIAW-E WIDTH T EASEMENT grld rcodli ®t the Texas Coordinate E,B. D'E'TER SURVEY, ABSTRACT NO. 1626 $yslem of 9983,North Central Zone -00 OF JONATHAN EVA SURVEY (4202), North ArnerIcan Datum of � 6�x ��. ' 1983, � Y� ��rrAy': M . ' ABSTRACT NO. DANA BROWN CITY OF FORT WORTH DENTON COUNTY, TEXAS REGISTERED PROFESSIONAL DANA F3R,OWN LAND SURVEYOR NO. 5336 ��� Kiml wy-Horn 12750 MERIT DRIVE, SUITE 1000 � 5336°"° °b' ._ e xr.3rs R4mnu C.uau�am,Eo4suo! T�u9.Wm.se'r2}'aTDa-t4�r DALLAS,TE S 7x251 pz Y�A . d1,. "W "` . ea�x•" ,.� C%.N.,Teri?US rag laze,t9Z 230-3820 I...6°1. 072�.77GJ..1300 ,. _ �._. . -P ° G.,, b, rc.J `P ,,,,! Scala Ornwn by Chmckmei GY ®a4m V�kv eel Fld, ahm,� k MBn. SOR«3„ dC8Af1I0T6If ^tX�3CrN°�Q{ I �4. y. ""' �i(` 0°m4000` J [30� thARCN2614 Q84464606 2�F9 Pl.,l3TlE[B BY J(SNJlrv>,�f}-.f'4�1r�dW#F Cde'�"tt)6 4t°34�t°3d tU°vt C'b Pdd�?&�Pa:A @1.�rt.5�k63.9R°��'Y1C ni~9�kk14V)'�CPa^1'=`,'3'd"'Pk Ai.LIAPJCE\[]VdG\Ofi4 d64GU0•F'EC3EPf A11wiANCE 4YTFt C^7`�°twfT.6�W#,i k..AG`C`-a"I�VFC'P"�d.�?,iC?tb14 S55°25'28"E 55W N —852°32'32"E r 95ao1' Exhibit— W°4 = _r D~....E LEGEND :M N55°25"28"W P,O.Bo=POINT OF BEGINNING 65.101 VARIABLE WIDTH R.O,C.-POINT OF COMMENCING Sfi 9°49'26"E_. WATER EASEMENT IRF=IRON ROD FOUND S 55.03' ca D,R,D,C.T�=DEED RECORDS, 0 50 Ina 0.550 ACRES DENTON COUNTY,TEXAS GRAPHIC SCALE IN FEET { NOTES N71'41'2 REP�iMN DER Alt bearings shown are based on 5"FPNW' 0�d m.� 6°W °�55.01' CALLED 46.384 ACRES rid north of the Texas Coordinate PrD4..•r t,1TV°0„L„:t. FEDERAL EXPRESS CORPORATION System cat 1983,North Central Zone VOL,4349,PG,1384 (4202), Nfxth American Datum of D,R,D.C„”, 9983. ,' .. ... R=480.00° 5!9”IRFC tt t L=4%51' "» 'CARTER p CB=S14°15'40`W BURGESS' 0 0=401°75' LOT 9„BLOCK 1 FE9EX ADDITION _,.. _ ........, _ .» _. .._.. ...._... .. CAB.N,PG,152 t CI,RVE TABLE P,R.D,C T. _ _._.� _..._._._ __ ___ ......._ t. RADIUS ._ CHORD BEARING CHORD t �Ct. 27'511 D A" DIIJS LENGTH ....._.__.__. ..,�.,... 495°00 240,84" NO3'30'30"E 238.36' tt SETBACK 30'BiJ(LtDSETBACK C2 2"310'17" 550,001 25°00' N18°4949'E 26,00' _-- VOL 3095,PG.242 C3 10°35198`° 495,00" 91.47" N25°37`46"E 91.34' D.R.D.C.T, ......— _... ._..... _ .....» C4 3°36'521 650.00' 35.02` N33'06'47'E 35.01' �y car t C5 3°58'34" 495,00' 34.35' N36°67'55"E 3434' �k _....,.._......,,,»,_ _ _..._...... 43, c C� m 04'06" 606,99.', 95.05°....._ .. .8 94°0104"W 95005" E.R, PETER SURVEY . ...... ,..r.,,�...........,� .__..�.....,,»�.w.,��.......�_.... ABSTRACT NO,1626 HEIRS OF JONATHAN Y EVANS SURVEY ABSTRACT NO.396 516"(RFC aw.... t "T CT 1'• .,CARTER FEDERAL EXPRESS BURGESS" tt CORPORATION VOU 4352,PG,99 ttt D.R.CD.C.T, MATCH LINE (SEE SHEET 2) VARIABLE WIDTH WATER EASEMENT F.B, PETER SURVEY,ABSTRACT NO. 1626 HEIRS OF JONATHAN NS SURVEY ABSTRACT NO. 396 CITY OF FORT WORTH DANA RC N DENTON COUNTY,TEXAS REGISTERED PROFESSIONAL � " �L7�1N �iI�C.1'u�� LAND SURVEYOR NO, 5336 s ,., imley-Horn 12750 MERIT DRIVE, SUITE 1000 � � 533 and Associates, Inc. DALLAS, TEXAS 75251 P L 5`,%, " Vb bars AA nr1&rof mw, rf'a r Jar rat w"(0721770-1300 �i; �, 12750 V"�w.a"7TH f- r��"x l�av(®7zI 230-3820 I�. 972w770 1300 S U `� _ ..._... � �� c"Ie� Dn+ b Chmckad Ov 6afn Pra 6Ce Mo, 5hee!Nu. dw"DDB.browyi @k m1ey-hCYR.CB:rn f* °""" r 7"1 art o� Mr�cr+za+� oa4e®��r� 7 a�� f"LtDt€[d13115'dd k!°# �6'rEPHANiE 6t6YZ171A 12:36 PM f7WG NAMfr. ':4ilg4l -?'.t,diCWF'1°4t4t€i4tl;f.e,,F±,dCE C't-iy&;;T Jgr.&Ih€C53'.7WC.f 9%lA'6p';-05t°7.f=�.17w3t n,t.t,lA�dt;x?�hBtfY E:iM41.OWG LAST Shvitu;1rzW-2°11.5 ° OM ® r M r M ■ M OM y T L! (SEE MEET 3 N t y�y Exhibit......_._ .._._ W_ r'>--� E y __SN10°25'29"W--�. �0 1b0 v�a 955,18 e.r3 LE.IN FEET FEDERAL EXPRESS an CORPORATION yy s VOL,4352 PG.99 LOT 1,BLOCK 1 � D.R,D.C.T, FEDEX ADDITION y LEGEND CAS.N,PG.152 y 5'PAVING SETBACK P O.S.=POINT OF BEGINNING P.R.D.C.T, y VOL,3095,PG.242 P.O.C.::-POINT OF COMMENCING Il•Fd.u1•a.T. 1RF=IRON ROD FOUND yy w 20`PAVING SETBACK D.R.D,C,T.-DEED RECORDS, 5`PAVING EASEMENT FC T, t VOL.3095°PG,242 DENTON COUNTY,TEXAS 5'LUTIG.I .N,PGd 152 D,R,D.C;T CAS.N,PG.152 y y P.IR.D.G:T. e� y VARIABLE VVIC}Tki " SEWER EASEMENT . " y 1 A 32 ACRES yy 49,300 a . FT. y A=0°53115'° y 50'BUILDING SETBACK R=806.99' y VOL.3096,PG.242 L=12.50' ` D,AR.D.C.T. CB=N90°01'09"°E C=12.50' yy o,.».. -•�,-°""�; (°,"5 ...?0°PAVING SETBA VOL.3095,PG.242 WOE y D.R.D.CX, B "TRACT 2" FEDERAL EXPRESS NOTES CORPORATION Al VOL„4352,PG,99 VARIABLE WIDTH SEWER EASEMENT All bearings shown are on grid north of the Texas Coordinate E.B. PETER SURVEY, ABSTRACT Ca 1626 Systern of 1993,North ventral Zone .. HEIRS OF JONATHAN lAN ESA RVEY (4202), North American Datum of �� 1993. calaLrr ABSTRACT NO. 396 :' CITY OF FORT WORTH DANA BROVWN � DENTC)@J COUNTY, TEXAS REGISTERED PROFESSIONAL pt � y BROWN.. � LAND SURVEYOR NO. 5336 j �®� iml y Or 12750 MERIT DRIVE, Sul rE 1000 and Associates, Inc. DALI...AS, TEXAS 76251 $F w r1.', 12.rsa Merit Dfiva,Win 1000 r�s.�®(97z) 7Q-13Dn 41 PIh1. 972.-a�70-1300 ° CK `q 0 er�K,r���75251 mitt Me.(972)2SF334�1 ". .,.�° �d �"t icrala ()rxWinV Ch jj by Da{9 �c0 Mla. 9 nal d OPiS.brOV4n@kirnley-I"➢Orn.coni V lacy° su a M�rccet 2at� os24sa®� 2OF PLOTTED BY'W NFI,STEPHANIE 6/5/2014 f2Z SWR I-W,tYtr I:.LAII SAVED 3E2W2GI4 S55°25'28"E S52'32'32"E 12.51' Wit• 35.01' Exhibit _� C1 '�?} LEGEND .' N'r,5'2526 W P.O.B.=POINT OF BEGINNING ,t 12.54' P.O.C.=POINT OF COMMENCING ®=40°34'07" IRF=IRON ROD FOUND D.R.D.C.T.=DEED RECORDS, 0 100 R=537,50' REMAINDER DENTON COUNTY,TEXAS L=380.56' CALLED 46,374 ACRES CB=N9°51'35"E FEDERAL EXPRESS GRAPHIC SCALE IN FEET C=372.66' CORPORATION NOTES AC 1< VOL,4349,PG.1384 a¢jwtP1�� SL T �eJ D.R.D.C.T. All bearings shown are based on /n1 ;in a.1,ti grid north of the Texas Coordlnale System of 1983,North Central Zone R=502,1'20" (4202), North American Datum of R=502,50' L=432,86' 1983. = CB=S14°15'12'W ' C=419.60' — 5/6"IRFC Ir "CARTER BURGESS" It 1 LOT 1,13LOCKI 1 FEDEX ADDITION CAB.N,PG.152 VARIABLE WIDTH P.R.D.C.T. 1 SEWER EASEMENT 1 1.132 ACRES 11 49,300 SQ. FT. _ 30'BUILDING SETBACK" CURVE TABLE VOL.3095,PG,242 D.R.D.C.T. 1 C NO. DELTA RADIUS LENGTH CHORD BEARING CHORD 1 0 -- ut NI O°25'28"W 1 C1 1'33'56" _550.00' 15.03' N31°01'40"E 15.03' 955.18' C2 70519" 537.50' 66.50' N35°17'27"E 66.46' m as E.B.PETER SURVEY 1 C3 2°29'13" 806.99' 35.03' SB1°42'23"W 35.02' ABSTRACT NO.1626 1� m HEIRS OF JONATHAN 1 EVANS SURVEY 1 ABSTRACT NO,396 `l 51e"IRFC-- "TRACT 1" "CARTER FEDERALEXPRESS BURGESS" 11 CORPORATION VOL.4352,PG.99 Ilr MATCH LINE (SEE SHEET 2) D.R.D.C.T. VARIABLE WIDTH SEWER EASEMENT i E.B. PETER SURVEY, ABSTRACT NO. 1626& I, HEIRS OF JONATHAN EVANS SURVEY <j�• , T "-#y ABSTRACT NO. 396 i r' CITY OF FORT WORTH 4 DANA BROWN . I„; DENTON COUNTY, TEXAS REGISTERED PROFESSIONAL t7ANA BROWN LAND SURVEYOR NO, 5336 KICllley H®rCl 12750 MERIT DRIVE, SUITE 1000 ''• ><} 33C '�: and DALLAS, TEXAS 75251 ` ��F 12750 Merll Drlva,SUIto 1000 aLNo.(7 Associates, Inc.700-1 ,• _ A ,i1 .0...Tezas 71251 Pau No.(972)23B-3620 PH. 972-770-1300 '� rS U R v 1 � S.I. Drawn by ChockeE by D.I. P.1-1 Na, Shoo(ft dana.brown @kimley-hcrn,com f! (,5 1•_100' SLJ DA13 MAACH2O14 004494900 30F3 PUSTTE[)ftV,l()NF,.;,SiP.N NAM' 600014 12:37 PM DWG NAME K:10AL SURVEY1064464600-FEDEX ALLIANCDOWGW64464600 rFUEX ALI)ANCE SWR L&MI DWG 1-AST SAVED 3(JWC14 Exhibit.-A- FEDERAL EXPRESS CORP I LOT 1,BLOCK 1 I FEDEX ADDITION I CAB.NI PG.152 P.R.D.C.T. 35'$CWLR EASEMENT BY 2 9EPARATEINSTRUMENT r W W h F.. — bbb�v _......... - 3$ _ z Rdi p / � 15'WATER (7y / EASEMENT BY ® SEPARATE INSTRUMENT ZEii 5;X3' 2l•6' f W LLJ rn `e w 15°wATER 4 'v EXHIBIT A-WATER AND SANITARY n EASEMENT BY -,� `' ` SEWER EASEMENT ENCROACHMENT z INSuMe ` EXHIBIT TO SERVE FEDEX GROUND -, 35'SEWER \\t�, / 4 v EASEMENT J ALLIANCE-LOT 1, BLOCK 1 INNSTRUMEM ® l orn , T.I.W.(911)-1" S i D.1 T 75251 FIRM/IOItYd"J F®e Na 19Y2)YJ9J�0 }� Urawnw CAeCMeCM -'iW TCS JWO MAY RIId WL9®OBW FXA EXHIBIT INSURANCE CERTIFICATE (see following three pages) 2014 Easement Encroachment Agreement-Commercial Page 17 of 20 Rev. 04/30/2014 2143865.1 w Certificate of Insurance No. 2091509851 This certificate is issued as a matter of information only and confers no eights upon the rertificate holder. This certificate does not amend,extend or after the coverage afforded by the policies listed below. Cancellation: Sho R ,f e notice will be delivered in accordance with the olio rovtsoons _. NAME ANo ADDRESS OF&..ER�HOLIaEE NAME AND ADD RE9S QE INSURED City of Fort Worth Federal Express Corporation Attn:Cassandra Foreman 3620 Hacks Cross Road,Btdg B,3rd Floor Planning and Development Department Memphis,'TN 39125 CFA Office 1000 Throckmorton Fort Wonh,'rX 76102 Limvs OF LIABILITY POLICY PERIOD�TYt'E OF COVERAGE INSURANCE Ct:rrtF".awty'AND PrrL90v htunt®eR Untlls SraclvRU ARE As R6ctuES w r0 MRAiCYDNd') A_A.1 kCRA1 r LLARILr1'Y 7/1!2014••711/2:0'15 Global Aerospace Irp respect of all aircraft owned,leased,or operated by Policy No.282940114 the Named Insured,woddwide Various Insurers through Aon Group Limited, Aviation Policy No,AAA 14092,01 Subscrbng members of Institute of London Ii. AIRCRAFT IICILL INSI?RANCF Liunderwriters'for percentages as on file with Aon Group Limited,Aviation in respect of all aircraft owned,leased or operated by the Named Insured,worldwide Subscribing Insurance Companies for percentages as on file with Ann Group Limited,Aviation Starner insurance Co.(Per Berldey Aviation) C. C(3MERFIYIENSTVF,(;FNFRAL LIA]LIL[rTY $1,000,000 Policy No,BA140700018 In respect of all Ground Operations of the Named Bodily Injury&Property Damage Insured,including Premises Operations,Contractual, Combined Per Occun ena e Commence&Industry Insurance Company Products and Completed Operations, Policy No.kIL001953210w f 1 Hangarskeepers Liability lroinshopv:Speoial4y Insurance Company Policy No,I H 100071•-0.5 D.FXCLR4 1JA.}II:1,I'IY Starr Surplus Lines Insurance Company (per occurrence and in the aggregate where the Policy No.SASLAMR63601314-04 underlying policy is in the annual aggregate)in respect of all Owned,Hired and Nan-Owned United States Aviation Underwriters Automobiles,woridwide,Coverage G(CommemiaRl Policy No.SIHL1646W General Liability,non-aviation operations),and Employers'Liability SCI...apeciaPty Insurance Co.(Per XL Aerospace) Policy No.UA0000I150AV14A E. FXCFSS CARGO LEGAL IAABrLI'I V& SHIPPERS INTF "ST SEE DIRECT PI..ACE.MENT CERTIFICATE. _ _ ____._ __.. ......,_ ........_ Each of the above Insurers,Individually,has authorized Ann Risk Services Southwest,Inc.,to Issuer this certificate on Its bOialf. Ann Risk Services is not an insurer and therefore has no liability under the above policies as an insurer as a result of the issuance of this certificate, The policy is subject town Electronic Date Recognition Exclusion and Electronic Date Change Recognition Exclusion Coverage Endorsement, SEVERABILT17Y NYITim-the subscribing insurem'obligations under contmots of insurance to which they subscribe are several and not joint and ape limited solely to the extent of their Individual subscriptions, The subscribing insurers are not responsible for the subscription of any co-subscribingg insurer who for any reason does not satisfy all or part of itS gblk at16n. .I ''. ........... Description of Operations 6r19rztD14 IRE: FedEx Express Encroachment License Agreement with the City of Fort Worth Date Issued: By: Aon Risk Services Southwest,Inc. Peter McKenzie 2711 N.Haskell Avenue,Suite 900 Dallas,Texas 75204 Contact:Emily Marino 901-4344553 emily,marino.osv fedex.com CAL 1 , Certificate of Insurance No. 2091509851-1 This certificate is issued as a matter of information only and confers no eights upon the certificate holder. This certificate does not amend,extend or alter the coverage afforded by the policies fisted below. Cancellation: Should an cLf_t ie descriLo policies be canoelleri before the expiratioro date them them af,notice wu tare de6ivered in accordance with the o ic rovisions, NAME AND ADDRESS OF CERT1FicATE HOLDER NAME AND ADDRESS OF INSURED City of Fort Worth Federal Express Corporation Ann:Cassandra Foreman 3620 Hacks Cross Road,Bldg 8,3rd Floor Planning and Development Department Memphis,TN 38125 CFA Office 1000 Throckmorton Fort Worth,TX 76102 ............. LikiiTsoFl..iASiUTY POLlCY PERIOD TYPE OF COVERAGE INSURANCE COMPANY AND PI NUMBER UMITS SHom ARE As REQUES VED__.�MM/DD/YY) A. AIRCILA Yr LIABILITY 7/1/2014-7/112015 AS SUBSCRIBING INSURERER FOR 100% in irespect of all aircraft owned,[eased,or operated by PARTICIPATION—26%ORDER the Famed Insured,worldwide Tlger International Insurance Ltd. TIG70114MAIN B. AIR CRA17 HULL INSURANCE in respect of all aircraft owned,leased or operated by the Named Insured,worldwide C. COMEREHENSWE(;ENFRA:L LIA11111TN' $1,000,000 in respect of all Ground Operations of the Named Bodily Injury&Property Darnage Insured,including Premises Operations,Contractual, Cornbined Pei Occunence products and Completed Operations, Hangarskeepers Uability D. KXCEa_LMk= (per occurrence and in the aggregate where the underlying policy is in the annual aggregate)in respect of all Owned,Hired and Non-Owned Automobiles,waddwide,Coverage G(Commercial General LiabUty,noo-aviation operations),and Emplayers'Liatiffity E. EXCESS 1-'ARCO_]LV,'rATITABTIITY&,, ....................... ..... ———.... Each of the above Insurers,Individually,has authorized Aon Insurance.Managers(Cayman)Ltd,to issue this certificate on its behalf, Aon Insurance Managers(Cayman)Ltd.is not an insurer and therefore ha I s no iiability under the above policies as ari insurer as a result of the issuance of this certificate. The policy is subject to an Electronic Date Recognition Exclusion and Electronic Date Change Recognition Exclusion Coverage Endorsement. sumAamm, NonCE-The subscribing insurers'obligations under contracts of insurance to which they subscribe are several and not joint and are limited solely to the extent of their individual subscriptions. The subscribing insurers are not responsible for the subscription of any co-subscribing insurer who for any reason does not satisfy I all or part of Its obligation, ...... Description of Operations 611812014 RE: FedEx Express Encroachment License Agreement with the City of Fort Worth Date Issued: By: Ann Insurance Managers(Cayman)Ltd.as Managers Spore� ................ Aon Insurance Managers(Cayman)Ltd, 94 Solaris Avenue,2nd Floor Carnana Bay P.O.Box 69 Grand Cayman 1-1 102 Cayman Islands CAL 06 12 --­­­----- ...................................................... Attachment to Certificate No. 2091509851 2b. ADDITIONAL INSURED: "As required by contract,but subject to the terms,conditions and exclusions of the policy,City of Fort Worth is(are)included as additional insured(s)as respects operations performed by or for the named insured.