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Home My WebLink AboutContract 51463RECEIVED �2s�o�a Cl Cr(SECREiARYVORT W CITY SECRETARY CONTRACT NO. 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 Planning and Development Director, and Victory at Heritage, LLC, a Limited Liability Company ("Licensee"), acting by and through its duly authorized President/CEO , owner of the real property located at 2301 Heritage Trace Parkway, Fort Worth, TX 76177("Property"). RECITALS WHEREAS, Licensee is the owner of certain real property situated in the City of Fort Worth, Tarrant County, Texas, more particularly described in the attached Legal Description of the Property; and WHEREAS, the City has a water, sanitary sewer, and drainage easement (the "Easement") in the Property as shown on the map attached to this Agreement as Exhibit "A", more particularly described in the attached Legal Description of the Property, attached as "Exhibit C", and incorporated herein for all purposes; and WHEREAS, Licensee desires to construct/place and maintain certain improvements which will encroach onto the Easement; and WHEREAS, City will allow the encroachment under the terms and conditions as set forth in this Agreement to accommodate the needs of the Licensee. NOW, THEREFORE, the City and Licensee agree as follows: AGREEMENT 1. City, in consideration of the payment by the 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 upon and occupy a portion of the City's Easement for the purpose of private 2" and 6" water line, private 6" sanitary sewer line, and private 12" and 18" storm line (the "Encroachment") as described in and at the location shown on Exhibit "A" but only to the extent shown thereon. Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within and above the Easement. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on City's Easeme specifically described in the Exhibit(s) attached hereto. 11 Easement Encroachment Agreement - Commercial F1 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 directions of 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 applicable 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 use, Licensee shall pay to City an additional amount equal to such additional cost as reasonably determined by 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 incur as a result of the construction, maintenance, inspection or management of the encroachments and uses provided for by this Agreement. Easement Encroachment Agreement - Commercial Page 2 of 11 Revised 10/03/2018 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. 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 with 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 as described herein, 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 governing body of City may at any time during the term hereof determine 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 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 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 LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR Easement Encroachment Agreement - Commercial Page 3 of 11 Revised 10/03/2018 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" and incorporated herein for all purposes. 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 Tarrant 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. Easement Encroachment Agreement - Commercial Page 4 of 11 Revised 10/03/2018 11. 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. 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 attorney's fees. 15. The parties agree that the duties and obligation contained Sections 3 and 4 shall survive the termination of this 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 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 Easement Encroachment Agreement - Commercial Page 5 of 11 Revised 10/03/2018 default or otherwise shall not require City approval provided that said lender notifies City in writing within 60 days of such foreclosure or assignment and assumes all of Licensees' 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. 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. 18. This Agreement shall be binding upon the parties hereto, their successors and assigns. [SIGNATURES APPEAR ON FOLLOWING PAGE] Easement Encroachment Agreement - Commercial Page 6 of 11 Revised 10/03/2018 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 CIT Dat Director Planning and Devel pment Date .20V Secretary M&C: N/ NF� 1295: N/ Licensee: VICTORY AT HERITAGE, LLC By: Name: To Ramii Title: President/CEO Approved As T Form and Legality Assistant City Attorney —[REI W4 i.L S 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. Janie S. Morales OFFICIAL RECORD Development Manager CITY SECRETARY FT. WORTH, TX Easement Encroachment Agreement - Commercial Page 7 of 1 I Revised 10/03/2018 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on e4�p A C��- , 201 by Randle Harwood, Director of the Planning and Development Department of the City of Fort Worth, on behalf the City of Fort W rth. MEMO Not Pub10C State o exas .•``�Yp��i JENNIFER LOUISE EZERNACK ;,Notary Public, State of Texas Comm. Expires 03-01-2020 ea„°,;,%a` Notary ID 130561630 After Recording Return to: Planning & Development Development Coordination Office 200 Texas Street Fort Worth TX, 76102 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Easement Encroachment Agreement - Commercial Page 8 of 11 Revised 10/03/2018 STATE O]fs § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Tony Ramji, President / CEO (title), known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of Victory at Heritage, LLC., a Limited Liability Company and in the capacity therein stated. 20 1 e GNEN UNDER MY HAND AND SEAL OF OFFICE this (2y of DC -t", tisk; KAREN DOUGLASS My Nosy ID # 125838441 '�� i •..+' ` Expires September 13, 2022 SOF„ Easement Encroachment Agreement - Commercial Notary Public in and for t e State of T4ms OFFICIAL RECORD CITY SECRETARY FT. 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' a Z� 3 i '; w �; o W: E g E d' 0 ao, QLJ z w _ f, af '"'ti��e� _- G C' W O Q O �" LQ3 U F pm; a r$r rcooo Q' 33' L) 1 o Few Foi " moor momi n� MEN MEE o Emil son EEO o IS n► �� m m«weNE STA ,a o /\p!§//- ,a\G / . =m «a- aILI c--;-� HERITAGE . ` §!W&PKVVr .� §�� - I■� � Jill �� §� ;• z Z� � � NONE . �►I ON i 11111111 1 ■�@_--e�_��._ 1 M : sIII ki . z EXHIBIT A ENCROACHMENT AGREEMENT LIMITS EXHIBIT SITUATED IN THE W. McCOWAN SURVEY, ABSTRACT NO. 999, CITY OF FORT WORTH, A TARRANT COUNTY, TEXAS ,-WINDROS E LAND SURVEYING I PLATTING '220 ELM STREET, SUITE 200 1 LEWISVILLE, TX 75057 1 214.217.2544 FIRM REGISTRATION NO. 10194331 1 WINDROSESERVICES.COM ARTHUR LAND SURVEYING PUBLIC ACCESS EASEMENT DOC. NO. D21715530 D.R.T.C.T. REMAINDER OF VICTORY AT / HERITAGE, LLC. DOC. NO. D216160329 tj D.R.T.C.T. 15' WATER EASEMENT DOC. NO. D21715529 D.R.T.C. T. / TRACT 1 / 300 SQ.FT. /P.O� TRA \ NORTH 40 0 40 SCALE: 1 " = 40' / /SANITARY SEWER EASEMENT \ / DOC. N0. D217154967 \ �`D. R. r. C. T. 9 /// // TRACT 2— r / Z,3/ 225 SQ.FT. 220 Elm S.2 # 254 - Lewisville, 06 75057 0.00 /' ACRES / /� \ ` O � 0.005 ACRES ! �i7 S Ph. 214.217.2544-TFRN#10063800 L �� l+�i.l®1: arthursurveying.com Established 1986 DRAWN BY: ER DATE: 10/10/2018 0 F" NOTE: • Bearings and distances are based on the State Plane Coordinate System, Texas North Central Zone (4202) North American Datum of 1983 (NAD 83)(US Foot) with a combined scale factor of 1.00012. • All improvements are not shown. 1/2" REBAR (C.M.) 10 L=46.36', R=50.00' A=053'07'42" N26 53'05"W-44.72' /1 %71-5 �/ P.O.B. TRACT 2 _ _ _ / — / — m TRACT 4 I /1(' �<>r/P.O.B / `'9 TRAC3 150 SQ.FT. I i / oA�T/4 Wcr T" 3 150 S .FT. 0.003 ACRES ; / I / Q I L------� 0.003 ACRESL=113.67', R=300.00' Y L---�--4 �– L 10' WATER EASEMENT A=021'42 34 DOC. NO. D217155299 O. . TRACT 5 D.R.T.C.T. N10'22 01 "E-112.99' �� i � / / / .k � SANITARY SEWER I I I i /� � TRACT S EASEMENT DOC. N0. D217154967 / � 256 SQ.FT. D.R.T.C.T. I –r– C14 l i /tii I `� 0 1 P.O.B. .D.& s 0.006 ACRES TRACL2 I L28 A rt -4--- L29 TRACT 6 S89152"E 150 SQ.FT. PUBLIC ACCESS EASEMENT -f:::1 I I 45.1 P 0.003 ACRES DOC. NO. D2D.R T530I1 1 PART OF LOT 1, BLOCK 1 1 I I VICTORY AT HERITAGE, LLC. VICTORY AT HERITAGE I I I I 1 DOC. NO. D216160329 DOC. NO. D218101578 1 1 I 1 D.R.T.C.T. / P.R.T.C.T. L 15. DRAINAGE I j 1 EASEMENT DOC. NO. D217155300 VICTORYAT i 3 I D. R. T. C. T. HERITAGE, L C / 15' WATER EASEMENT I 1 o I TRACT / DOC. NO. D21 1529 / DOC. NO. D21715529 I I I D.R.T.�.T. / D.R.r.c.r. 1 0 1 39-4 SQ.FT. / /DRAINAGE EASEMENT I I 1z 1 I 1 0.008 ACRES / / D RCT.CO. D212155555 1 I I I I –�– I I __– I ABANDONED BY I -- 1 _--�L32 DOC. NO. D218065449 I –----3 L__ D.R.T.C.T. L34 5 _ _ — _ _ _ _ — _ _ I _—_t 7DOC. J — NAGE & -FOIF OF L 30' DRAINAGE & ~ I0 DRAINAGE & 'COMMENCING UTILITY EASEMENT 1 TILITY EASEMEN'S00°28'10"E 1/2* REBAR DOC. NO. D199284686 / / �I NO. D19928 5.00' D.R.T.C.T. _ — _.R.r.C.r.N89°3634"E 214.97' 89'36'34"E 180.86' – 1/2' 546'03'07'E 10'X10' P.O.S.E. 6.95' DOC. NO. D218101578 P. R. T. C. T. 5' RIGHT–OF–WAY DEDICATION DOC. NO. D218101578 O.P. R. D. C. r. HERITAGE TRACE PARKWAY 120' RIGHT-OF-WAY LEGEND: (AS SHOWN ON DOC. NO. 201057259, P.R.T.C.T.) CM- CONTROL MONUMENT P.R.T.C.T. - PLAT RECORDS, TARRANT COUNTY, TEXAS P.O.B. - POINT OF BEGINNING Paye 8 of 9 - Maar at Nrlt— - Fort ROAR OF T A, PQF'G \�fRF�?9iP ......................... THOMAS WILLIAM MAUK ...................... ..P 9 v;7. S�010 A / A EXHIBIT A ENCROACHMENT AGREEMENT LIMITS EXHIBIT SITUATED IN THE W. McCOWAN SURVEY, ABSTRACT NO. 999, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS Line Data Table Line # Distance Bearing L1 79.88' N59°25'44"E L2 45.11' S89°41'52"E L3 54.90' N55°14'17"E L4 30.00' S38°10'13"E L5 52.84' N87°40'17"E L6 67.03' N68°11'03"E L7 53.60' N51 °40'54"E L8 14.99' N22°29'53"E L9 20.00' S67°33'52"E L10 14.99' S22°29'53"W L11 20.00' N67°34'15"W L12 14.99' N22°29'53"E L13 15.00' S67°33'52"E L14 14.98' S22°29'53"W L15 15.00' N67°34'15"W L16 10.01' N22°29'53"E L17 15.01' S65°38'13"E L18 10.01' S22°29'53"W L19 15.01' N65°38'13"W L20 15.00' S67°21'04"E - Vktay at NMtuP - Fat Line Data Table Line # Distance Bearing L21 10.00' S22°29'53"W L22 15.00' N67°21'04"W L23 10.00' N2229'53"E L24 17.63' N58°18'57"E L25 17.21' S00°00'06"E L26 17.46' S59°11'26"W L27 16.90' N00°00'06"W L28 15.00' N89°59'54"E L29 10.00' S00°00'06"E L30 15.00' S89°59'54"W L31 10.00' N00°00'06"W L32 30.47' N89°35'22"E L33 21.37' S45°00'00"W L34 15.36' S89°35'22"W L35 15.00' N00°00'00"E -,WINDROS E LAND SURVEYING I PLATTING '220 ELM STREET, SUITE 200 1 LEWISVILLE, TX 75057 1 214.217.2544 FIRM REGISTRATION NO. 10194331 1 WINDROSESERVICES.COM ARTHUR LAND SURVEYING 220 Elm St., # 200 - Lewisville, TX 75057 Ph. 214.217.2544 - TFRN4 10063800 arthursurveying.com Established 1986 Page 9 of 9 DRAWN BY: ER DATE: 10/10/2018 EXHIBIT "C" METES AND BOUNDS OF THE PROPERTY Easement Encroachment Agreement - Commercial Page 10 of 11 Revised 10/03/2018 EXHIBIT C ENCROACHMENT AGREEMENT LIMITS EXHIBIT SITUATED IN THE JOSIAH WALKER SURVEY, ABSTRACT NO. 1602, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS TRACT 1 BEING a tract of land situated in the W. McCowan Survey, Abstract No. 999, in the City of Fort Worth, Tarrant County, Texas, being a portion of that same tract of land described in a deed to Victory at Heritage, LLC recorded in Document No. D216160329, of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), and being more particularly described by metes and bounds as follows (): COMMENCING at a 1/2 inch rebar found for corner at the West end of a corner clip at the westernmost Southwest corner of Lot 1, Block 1 of Victory at Heritage, an addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat thereof recorded in Document No. D218101578 of the Plat Records of Tarrant County, Texas (P.R.T.C.T.), at the intersection of the East right-of-way line of Calaveras Road (65 foot right-of-way) with the North right-of-way line of Heritage Trace Parkway (120 foot right-of-way); THENCE South 46 Degrees 03 Minutes 07 Seconds East, with the North right-of-way line of said Heritage Trace Parkway, and with the Northeast line of said corner clip, a distance of 6.95 feet to a point for corner at the East end of said corner clip; THENCE North 89 Degrees 36 Minutes 34 Seconds East, continuing with the North right-of-way line of said Heritage Trace Parkway, a distance of 214.97 feet to a point for the Southeast corner of said Lot 1; THENCE North 00 Degrees 29 Minutes 16 Seconds West, departing the North right-of-way line of said Heritage Trace Parkway, with the East line of said Lot 1, a distance of 182.59 feet to a point at the beginning of a tangent curve to the right, having a central angle of 21 Degrees 42 Minutes 34 Seconds, a radius of 300.00 feet, and a chord bearing and distance of North 10 Degrees 22 Minutes 01 Seconds East, 112.99 feet; THENCE, in a northerly direction, continuing with the East line of said Lot 1, along said tangent curve to the right, an arc length of 113.67 feet to a point for the Northeast corner of said Lot 1; THENCE North 51 Degrees 40 Minutes 54 Seconds East, over, across, and through said Victory at Heritage, LLC tract, a distance of 53.60 feet to a point for corner and the POINT OF BEGINNING of the herein described tract; THENCE, continuing through said Victory at Heritage, LLC tract, the following courses and distances: North 22 Degrees 29 Minutes 53 Seconds East, a distance of 14.99 feet to a point for corner; South 67 Degrees 33 Minutes 52 Seconds East, a distance of 20.00 feet to a point for corner; South 22 Degrees 29 Minutes 53 Seconds West, a distance of 14.99 feet to a point for corner; THENCE North 67 Degrees 34 Minutes 15 Seconds West, continuing through said Victory at Heritage, LLC tract, a distance of 20.00 feet to the POINT OF BEGINNING and containing 300 square feet or 0.007 acres of land, more or less. RPLS No. Page 1 of 9 -,WINDROS E LAND SURVEYING I PLAITING '220 ELM STREET, SUITE 200 1 LEWISVILLE, TX 75057 1 214.217.2544 FIRM REGISTRATION NO. 10194331 1 WINDROSESERVICES.COM ARTHUR LAND SURVEYING 220 Elm St., # 200 - Lewisville, TX 75057 Ph. 214.217.2544 - TFRN# 10063800 arthursurveying.com Established 1986 DRAWN BY: ER DATE: 09/14/2018 EXHIBIT i ENCROACHMENT AGREEMENT LIMITS EXHIBIT SITUATED IN THE JOSIAH WALKER SURVEY, ABSTRACT NO. 1602, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS TRACT 2 BEING a tract of land situated in the W. McCowan Survey, Abstract No. 999, in the City of Fort Worth, Tarrant County, Texas, being a portion of that same tract of land described in a deed to Victory at Heritage, LLC recorded in Document No. D216160329, of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), and being more particularly described by metes and bounds as follows (): COMMENCING at a 1/2 inch rebar found for corner at the West end of a corner clip at the westernmost Southwest corner of Lot 1, Block 1 of Victory at Heritage, an addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat thereof recorded in Document No. D218101578 of the Plat Records of Tarrant County, Texas (P.R.T.C.T.), at the intersection of the East right-of-way line of Calaveras Road (65 foot right-of-way) with the North right-of-way line of Heritage Trace Parkway (120 foot right-of-way); THENCE South 46 Degrees 03 Minutes 07 Seconds East, with the North right-of-way line of said Heritage Trace Parkway, and with the Northeast line of said corner clip, a distance of 6.95 feet to a point for corner at the East end of said corner clip; THENCE North 89 Degrees 36 Minutes 34 Seconds East, continuing with the North right-of-way line of said Heritage Trace Parkway, a distance of 214.97 feet to a point for the Southeast corner of said Lot 1; THENCE North 00 Degrees 29 Minutes 16 Seconds West, departing the North right-of-way line of said Heritage Trace Parkway, with the East line of said Lot 1, a distance of 182.59 feet to a point at the beginning of a tangent curve to the right, having a central angle of 21 Degrees 42 Minutes 34 Seconds, a radius of 300.00 feet, and a chord bearing and distance of North 10 Degrees 22 Minutes 01 Seconds East, 112.99 feet; THENCE, in a northerly direction, continuing with the East line of said Lot 1, along said tangent curve to the right, an arc length of 113.67 feet to a point for the Northeast corner of said Lot 1; THENCE North 68 Degrees 11 Minutes 03 Seconds East, over, across, and through said Victory at Heritage, LLC tract, a distance of 67.03 feet to a point for corner and the POINT OF BEGINNING of the herein described tract; THENCE, continuing through said Victory at Heritage, LLC tract, the following courses and distances: North 22 Degrees 29 Minutes 53 Seconds East, a distance of 14.99 feet to a point for corner; South 67 Degrees 33 Minutes 52 Seconds East, a distance of 15.00 feet to a point for corner; South 22 Degrees 29 Minutes 53 Seconds West, a distance of 14.99 feet to a point for corner; THENCE North 67 Degrees 34 Minutes 15 Seconds West, continuing through said Victory at Heritage, LLC tract, a distance of 15.00 feet to the POINT OF BEGINNING and containing 225 square feet or 0.005 acres of land, more or less. OF T ......................... THOMAS_ WILLIAM MAUK . —0 5119 <� PAF \GAP 0 RPLS No. Page 2 of 9 --WINDROS E _ LAND SURVEYING I PLATTING 220 ELM STREET, SUITE 200 1 LEWISVILLE, TX 75057 1 214.217.2544 FIRM REGISTRATION NO. 10194331 1 WINDROSESERVICES.COM ARTHUR LAND SURVEYING 220 Elm St., # 200 - Lewisville, TX 75057 Ph. 214.217.2544 - TFRN# 10063800 arthursurveying.com Established 1986 DRAWN BY: ER DATE: 09/14/2018 EXHIBIT C ENCROACHMENT AGREEMENT LIMITS EXHIBIT SITUATED IN THE JOSIAH WALKER SURVEY, ABSTRACT NO. 1602, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS TRACT 3 BEING a tract of land situated in the W. McCowan Survey, Abstract No. 999, in the City of Fort Worth, Tarrant County, Texas, being a portion of that same tract of land described in a deed to Victory at Heritage, LLC recorded in Document No. D216160329, of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), and being more particularly described by metes and bounds as follows (): COMMENCING at a 1/2 inch rebar found for corner at the West end of a corner clip at the westernmost Southwest corner of Lot 1, Block 1 of Victory at Heritage, an addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat thereof recorded in Document No. D218101578 of the Plat Records of Tarrant County, Texas (P.R.T.C.T.), at the intersection of the East right-of-way line of Calaveras Road (65 foot right-of-way) with the North right-of-way line of Heritage Trace Parkway (120 foot right-of-way); THENCE South 46 Degrees 03 Minutes 07 Seconds East, with the North right-of-way line of said Heritage Trace Parkway, and with the Northeast line of said corner clip, a distance of 6.95 feet to a point for corner at the East end of said corner clip; THENCE North 89 Degrees 36 Minutes 34 Seconds East, continuing with the North right-of-way line of said Heritage Trace Parkway, a distance of 214.97 feet to a point for the Southeast corner of said Lot 1; THENCE North 00 Degrees 29 Minutes 16 Seconds West, departing the North right-of-way line of said Heritage Trace Parkway, with the East line of said Lot 1, a distance of 182.59 feet to a point at the beginning of a tangent curve to the right, having a central angle of 21 Degrees 42 Minutes 34 Seconds, a radius of 300.00 feet, and a chord bearing and distance of North 10 Degrees 22 Minutes 01 Seconds East, 112.99 feet; THENCE, in a northerly direction, continuing with the East line of said Lot 1, along said tangent curve to the right, an arc length of 113.67 feet to a point for the Northeast corner of said Lot 1; THENCE North 87 Degrees 40 Minutes 17 Seconds East, over, across, and through said Victory at Heritage, LLC tract, a distance of 52.84 feet to a point for corner and the POINT OF BEGINNING of the herein described tract; THENCE, continuing through said Victory at Heritage, LLC tract, the following courses and distances: North 22 Degrees 29 Minutes 53 Seconds East, a distance of 10.01 feet to a point for corner; South 65 Degrees 38 Minutes 15 Seconds East, a distance of 15.01 feet to a point for corner; South 22 Degrees 29 Minutes 53 Seconds West, a distance of 10.01 feet to a point for corner; THENCE North 65 Degrees 38 Minutes 15 Seconds West, continuing through said Victory at Heritage, LLC tract, a distance of 15.01 feet to the POINT OF BEGINNING and containing 150 square feet or 0.003 acres of land, more or less. Page 3 of 9 OF T STE,Q ,.-I9 ......................... THOMAS WILLIAM MAUK 19 51 0 �z o, ►,9�:R..�-� RPLS No. - NOta at HeMooe - Fat -WINDROS E LAND SURVEYING I PLATTING '220 ELM STREET, SUITE 200 1 LEWISVILLE, TX 75057 1 214.217.2544 FIRM REGISTRATION NO. 10194331 1 WINDROSESERVICES.COM ARTHUR LAND SURVEYING 220 Elm St., # 200 - Lewisville, TX 75057 Ph. 214.217.2544 - TFRN# 10063800 arlhursurveying.com Established 1986 DRAWN BY: ER DATE: 09/14/2018 EXHIBIT C ENCROACHMENT AGREEMENT LIMITS EXHIBIT SITUATED IN THE JOSIAH WALKER SURVEY, ABSTRACT NO. 1602, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS TRACT 4 BEING a tract of land situated in the W. McCowan Survey, Abstract No. 999, in the City of Fort Worth, Tarrant County, Texas, being a portion of that same tract of land described in a deed to Victory at Heritage, LLC recorded in Document No. D216160329, of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), and being more particularly described by metes and bounds as follows (): COMMENCING at a 1/2 inch rebar found for corner at the West end of a corner clip at the westernmost Southwest corner of Lot 1, Block 1 of Victory at Heritage, an addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat thereof recorded in Document No. D218101578 of the Plat Records of Tarrant County, Texas (P.R.T.C.T.), at the intersection of the East right-of-way line of Calaveras Road (65 foot right-of-way) with the North right-of-way line of Heritage Trace Parkway (120 foot right-of-way); THENCE South 46 Degrees 03 Minutes 07 Seconds East, with the North right-of-way line of said Heritage Trace Parkway, and with the Northeast line of said corner clip, a distance of 6.95 feet to a point for corner at the East end of said corner clip; THENCE North 89 Degrees 36 Minutes 34 Seconds East, continuing with the North right-of-way line of said Heritage Trace Parkway, a distance of 214.97 feet to a point for the Southeast corner of said Lot 1; THENCE North 00 Degrees 29 Minutes 16 Seconds West, departing the North right-of-way line of said Heritage Trace Parkway, with the East line of said Lot 1, a distance of 182.59 feet to a point at the beginning of a tangent curve to the right, having a central angle of 21 Degrees 42 Minutes 34 Seconds, a radius of 300.00 feet, and a chord bearing and distance of North 10 Degrees 22 Minutes 01 Seconds East, 112.99 feet; THENCE, in a northerly direction, continuing with the East line of said Lot 1, along said tangent curve to the right, an arc length of 113.67 feet to a point for the Northeast corner of said Lot 1; THENCE South 38 Degrees 10 Minutes 13 Seconds East, over, across, and through said Victory at Heritage, LLC tract, a distance of 30.00 feet to a point for corner and the POINT OF BEGINNING of the herein described tract; THENCE, continuing through said Victory at Heritage, LLC tract, the following courses and distances: South 67 Degrees 21 Minutes 04 Seconds East, a distance of 15.00 feet to a point for corner; South 22 Degrees 29 Minutes 53 Seconds West, a distance of 10.00 feet to a point for corner; North 67 Degrees 21 Minutes 04 Seconds West, a distance of 15.00 feet to a point for corner; THENCE North 22 Degrees 29 Minutes 53 Seconds East, continuing through said Victory at Heritage, LLC tract, a distance of 10.00 feet to the POINT OF BEGINNING and containing 150 square feet or 0.003 acres of land, more or less. Page 4 of 9 G\STfR';., ......................... THOMAS WILLIAM MA UK ;-off 5119 414 A — Vict at Hwltaaa — Fort -WINDROS E LAND SURVEYING I PLAITING '220 ELM STREET, SUITE 200 1 LEWISVILLE, TX 75057 1 214.217.2544 FIRM REGISTRATION NO. 10194331 1 WINDROSESERVICES.COM ARTHUR LAND SURVEYING 220 Elm St., # 200 - Lewisville, TX 75057 Ph. 214.217.2544 - TFRN# 10063800 arthursurveying.com Established 1986 DRAWN BY: ER DATE: 09/14/2018 EXHIBIT C ENCROACHMENT AGREEMENT LIMITS EXHIBIT SITUATED IN THE JOSIAH WALKER SURVEY, ABSTRACT NO. 1602, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS TRACT 5 BEING a tract of land situated in the W. McCowan Survey, Abstract No. 999, in the City of Fort Worth, Tarrant County, Texas, being a portion of that same tract of land described in a deed to Victory at Heritage, LLC recorded in Document No. D216160329, of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), and being more particularly described by metes and bounds as follows (): COMMENCING at a 1/2 inch rebar found for corner at the West end of a corner clip at the westernmost Southwest corner of Lot 1, Block 1 of Victory at Heritage, an addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat thereof recorded in Document No. D218101578 of the Plat Records of Tarrant County, Texas (P.R.T.C.T.), at the intersection of the East right-of-way line of Calaveras Road (65 foot right-of-way) with the North right-of-way line of Heritage Trace Parkway (120 foot right-of-way); THENCE South 46 Degrees 03 Minutes 07 Seconds East, with the North right-of-way line of said Heritage Trace Parkway, and with the Northeast line of said corner clip, a distance of 6.95 feet to a point for corner at the East end of said corner clip; THENCE North 89 Degrees 36 Minutes 34 Seconds East, continuing with the North right-of-way line of said Heritage Trace Parkway, a distance of 214.97 feet to a point for the Southeast corner of said Lot 1; THENCE North 00 Degrees 29 Minutes 16 Seconds West, departing the North right-of-way line of said Heritage Trace Parkway, with the East line of said Lot 1, a distance of 182.59 feet to a point; THENCE North 55 Degrees 14 Minutes 17 Seconds East, departing the east line of said Lot 1, over, across, and through said Victory at Heritage, LLC tract, a distance of 54.90 feet to a point for corner and the POINT OF BEGINNING of the herein described tract; THENCE continuing through said Victory at Heritage, LLC tract, to the following courses and distances: North 58 Degrees 18 Minutes 57 Seconds East, 17.63 feet; South 00 Degrees 00 Minutes 06 Seconds East, 17.21 feet; South 59 Degrees 11 Minutes 26 Seconds West, 17.46 feet; THENCE North 00 degrees 00 minutes 26 seconds West, continuing through said Victory at Heritage, LLC tract, a distance of 16.90 feet to the POINT OF BEGINNING and containing 256 square feet or 0.006 acres of land, more or less. F. OF TF� ......................... THOMAS WILLIAM MALIK ;-off 5119 No. Page 5 of 9 �WINDROSE LAND SURVEYING I PLATTING '220 ELM STREET, SUITE 200 1 LEWISVILLE, TX 75057 1 214.217.2544 FIRM REGISTRATION NO. 10194331 1 WINDROSESERVICES.COM ARTHUR LAND SURVEYING 220 Elm St., # 200 - Lewisville, TX 75057 Ph. 214.217.2544 - TFRN# 10063800 arthursurveying.com Established 1986 DRAWN BY: ER DATE: 09/14/2018 EXHIBIT C ENCROACHMENT AGREEMENT LIMITS EXHIBIT SITUATED IN THE JOSIAH WALKER SURVEY, ABSTRACT NO. 1602, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS TRACT 6 BEING a tract of land situated in the W. McCowan Survey, Abstract No. 999, in the City of Fort Worth, Tarrant County, Texas, being a portion of that same tract of land described in a deed to Victory at Heritage, LLC recorded in Document No. D216160329, of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), and being more particularly described by metes and bounds as follows (): COMMENCING at a 1/2 inch rebar found for corner at the West end of a corner clip at the westernmost Southwest corner of Lot 1, Block 1 of Victory at Heritage, an addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat thereof recorded in Document No. D218101578 of the Plat Records of Tarrant County, Texas (P.R.T.C.T.), at the intersection of the East right-of-way line of Calaveras Road (65 foot right-of-way) with the North right-of-way line of Heritage Trace Parkway (120 foot right-of-way); THENCE South 46 Degrees 03 Minutes 07 Seconds East, with the North right-of-way line of said Heritage Trace Parkway, and with the Northeast line of said corner clip, a distance of 6.95 feet to a point for corner at the East end of said corner clip; THENCE North 89 Degrees 36 Minutes 34 Seconds East, continuing with the North right-of-way line of said Heritage Trace Parkway, a distance of 214.97 feet to a point for the Southeast corner of said Lot 1; THENCE North 00 Degrees 29 Minutes 16 Seconds West, departing the North right-of-way line of said Heritage Trace Parkway, with the East line of said Lot 1, a distance of 182.59 feet to a point; THENCE South 89 Degrees 41 Minutes 52 Seconds East, departing the east line of said Lot 1, over, across, and through said Victory at Heritage, LLC tract, a distance of 45.11 feet to a point for corner and the POINT OF BEGINNING of the herein described tract; THENCE continuing through said Victory at Heritage, LLC tract, to the following courses and distances: North 89 Degrees 59 Minutes 54 Seconds East, 15.00 feet; South 00 Degrees 00 Minutes 06 Seconds East, 10.00 feet; South 89 Degrees 59 Minutes 54 Seconds West, 15.00 feet; THENCE North 00 degrees 00 minutes 06 seconds West, continuing through said Victory at Heritage, LLC tract, a distance of 10.00 feet to the POINT OF BEGINNING and containing 150 square feet or 0.003 acres of land, more or less. Page 6 of 9 STeR ......................... THOMAS WILLIAM MAUK < ;-o�0 5119 No. - Wwy at NwRop - Fa! -WINDROS E _ LAND SURVEYING I PLATTING 220 ELM STREET, SUITE 200 1 LEWISVILLE, TX 75057 1 214.217.2544 FIRM REGISTRATION NO. 10194331 1 WINDROSESERVICES.COM ARTHUR LAND SURVEYING 220 Elm St., # 200 - Lewisville, TX 75057 Ph. 214.217.2544 - TFRN# 10063800 arthutsurvcying.com Established 1986 DRAWN BY: ER DATE: 09/14/2018 EXHIBIT C ENCROACHMENT AGREEMENT LIMITS EXHIBIT SITUATED IN THE JOSIAH WALKER SURVEY, ABSTRACT NO. 1602, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS TRACT 7 BEING a tract of land situated in the W. McCowan Survey, Abstract No. 999, in the City of Fort Worth, Tarrant County, Texas, being a portion of that same tract of land described in a deed to Victory at Heritage, LLC recorded in Document No. D216160329, of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), and being more particularly described by metes and bounds as follows (): COMMENCING at a 1/2 inch rebar found for comer at the West end of a comer clip at the westernmost Southwest corner of Lot 1, Block 1 of Victory at Heritage, an addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat thereof recorded in Document No. D218101578 of the Plat Records of Tarrant County, Texas (P.R.T.C.T.), at the intersection of the East right-of-way line of Calaveras Road (65 foot right-of-way) with the North right-of-way line of Heritage Trace Parkway (120 foot right-of-way); THENCE South 46 Degrees 03 Minutes 07 Seconds East, with the North right-of-way line of said Heritage Trace Parkway, and with the Northeast line of said corner clip, a distance of 6.95 feet to a point for comer at the East end of said corner clip; THENCE North 89 Degrees 36 Minutes 34 Seconds East, continuing with the North right-of-way line of said Heritage Trace Parkway, a distance of 214.97 feet to a point for the Southeast corner of said Lot 1; THENCE North 59 Degrees 25 Minutes 44 Seconds West, over, across, and through said Victory at Heritage, LLC tract, a distance of 79.88 feet to a point for comer and the POINT OF BEGINNING of the herein described tract; THENCE continuing through said Victory at Heritage, LLC tract, to the following courses and distances: North 89 Degrees 35 Minutes 22 Seconds East, 30.47 feet; South 45 Degrees 00 Minutes 00 Seconds West, 21.37 feet; South 89 Degrees 35 Minutes 22 Seconds West, 15.36 feet; THENCE North 00 degrees 00 minutes 00 seconds East, continuing through said Victory at Heritage, LLC tract, a distance of 15.00 feet to the POINT OF BEGINNING and containing 344 square feet or 0.008 acres of land, more or less. Page 7 of 9 OF l kSrfpF.-F9 ......................... THOMAS WILLIAM MAUK ...................... 0 5119 UR`�� No. — vkta.r at Ph. aow — -WINDROS E LAND SURVEYING I PLATTING '220 ELM STREET, SUITE 200 1 LEWISVILLE, TX 75057 1 214.217.2544 FIRM REGISTRATION NO. 10194331 1 WINDROSESERVICES.COM ARTHUR LAND SURVEYING 220 Elm St., # 200 - Lewisville, TX 75057 Ph. 214.217.2544 - TFRN# 10063800 arthursurveying.com Established 1986 DRAWN BY: ER DATE: 09/14/2018