HomeMy WebLinkAboutContract 53012 CITYSECRETARY
° CONTRACTNO._ 3 �
EASEMENT ENCROACHMENT LICENSE AGREEMENT
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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
Planning and Development Director, and Revelstoke Venture, LLC, a limited liability
company ("Licensee"), owner of the real property located at Blue Mound Road and
FM 287, Fort Worth, Texas 76131 ("Property"), acting by and through its duly
authorized Vice President of Real Estate Development.
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, attached as "Exhibit C" and incorporated herein for all
purposes; and
WHEREAS, the City has a drainage, sanitary sewer and water easement (the
"Easement") in the Property as shown on the map attached to this Agreement as
"Exhibit A," which is incorporated herein for all purposes; and
WHEREAS, Licensee desires to construct, place, and/or maintain certain
improvements which will encroach in, on, above, or below the City's Easement; 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 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 in, on, above, or below and
occupy a portion of the City's Easement as described in and at the location shown on
Exhibit A, but only to the extent shown thereon, for the purpose of laying pavement and
installing private drainage, sewer and water lines (the "Encroachment"). Upon
completion of the Encroachment, Licensee agrees to be responsible for maintaining the
Encroachment within the Easement. Licensee shall not expand or otherwise cause the
Encroachment to further infringe in or on City's Easement beyond what is s ecificali
described in the exhibit(s) attached hereto.
2. OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
Easement Encroachment Agreement-Commercial P v 1
Revised 12/2018
All construction, maintenance, or operation in connection with such
Encroachment, use, and occupancy shall comply and be performed in strict compliance
with this Agreement and with the Charter, Ordinances, and Codes of the City, and in
accordance with the directions of the Director of the Transportation and Public Works
Department or the Director of the Water Department, or their duly authorized
representative. Prior to the construction of the Encroachment, Licensee shall submit all
plans and specifications to the applicable Director or duly authorized representative.
Licensee shall not commence construction of the Encroachment until such approval shall
be indicated in writing by the applicable Director or authorized representative. However,
such approval shall not relieve Licensee of responsibility and liability for concept, design,
and computation in the preparation of such plans and specifications.
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, use, and occupancy, including securing the approval and consent of the
appropriate utility companies and agencies of the State 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, Licensee shall pay to the 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 their duly authorized
representative.
4.
Licensee agrees that the 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. The City shall bear no responsibility or liability for any
damage or disruption or other adverse consequences resulting from the Encroachment
installed by Licensee, but the City will 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 Easement to a condition
acceptable to the Director of Transportation and Public Works or the Director of the
Water Department, or their duly authorized representative, in accordance with then-
existing City specifications. It is understood and agreed to by Licensee that if this
Agreement terminates and Licensee fails to remove the Encroachment as directed and
restore the Easement, Licensee hereby gives the City permission to remove the
Easement Encroachment Agreement-Commercial Page 2 of 12
Revised 12/2018
Encroachment and any supporting structures and assess a lien on the Property for the
costs expended by the City in taking such actions.
6.
In order to defray all costs of inspection and supervision which the City has
incurred or will incur as a result of the construction, maintenance, inspection, or
management of the encroachments and uses provided for by this Agreement, Licensee
agrees to pay to City at the time this Agreement is requested an application fee of in the
sum of Five Hundred Dollars ($500.00).
7.
The term of this Agreement shall be for thirty (30) years, commencing on the
date this Agreement is executed by the City. However, this Agreement may be
terminated upon Licensee's noncompliance with any of the terms of this Agreement.
City shall notify Licensee in writing of any noncompliance and if not cured within thirty
(30) days, this Agreement shall be deemed terminated, unless such noncompliance is not
susceptible to cure within thirty (30) days, in which case this Agreement shall be deemed
terminated in the event that Licensee fails to commence and take such reasonable steps as
are necessary to remedy the noncompliance within thirty (30) days after written notice
specifying the same, or having so commenced, thereafter fails to proceed diligently and
with continuity to remedy same.
8.
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 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.
9.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
Easement Encroachment Agreement-Commercial Page 3 of 12
Revised 12/2018
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, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION,
MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE
ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT
CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND
LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR
SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL
LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR
ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT
OF OR IN CONNECTION WITH THE ENCROACHMENTS AND ANY AND
ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES, OR INVITEES.
10.
While this Agreement is in effect, Licensee agrees to furnish City with a
Certificate of Insurance naming City as certificate holder as proof that 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
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 to submit a
similar Certificate of Insurance annually to the City on the anniversary date of the
execution of this Agreement.
Licensee agrees, binds, and obligates itself and its successors and assigns to
maintain and keep in force such public liability insurance at all times during the term of
this Agreement and until the removal of the Encroachment and the cleaning and
restoration of the Easement. All insurance coverage required herein shall include
coverage of all Licensee's contractors and subcontractors.
11.
Easement Encroachment Agreement-Commercial Page 4 of 12
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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 Tarrant County, Texas. 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 uses.
13.
Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for
by this Agreement or by any federal, state, or local statute, law, or regulation.
14.
Licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as an officer, agent,
servant, or employee of City, and Licensee shall have exclusive control of and the
exclusive right to control the details of its operations, and all persons performing same,
and shall be solely responsible for the acts and omissions of its officers, agents, servants,
employees, contractors, subcontractors, licensees, and invitees. The doctrine of
respondeat superior shall not apply as between City and Licensee, its officers, agents,
servants, employees, contractors, and subcontractors, and nothing herein shall be
construed as creating a partnership or joint enterprise between City and Licensee.
15.
Licensee agrees and acknowledges that this Agreement is solely for the purpose
of permitting Licensee to construct, maintain, and locate the Encroachment over or within
the 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.
16.
In any action brought by the City for the enforcement of the obligations of the
Licensee, the City shall be entitled to recover interest and reasonable attorneys' fees.
17.
Easement Encroachment Agreement-Commercial Page 5 of 12
Revised 12/2018
The parties agree that the duties and obligations contained in Section 5 shall
survive the termination of this Agreement.
18.
Licensee covenants and agrees that it will not assign all or any of its rights,
privileges, or duties under this Agreement without the written approval of the City, and
any attempted assignment without such written approval shall be void. In the event
Licensee conveys the Property, Licensee may assign all of its rights and obligations under
this Agreement to the new owner of the Property, and Licensee shall be deemed released
from its duties and obligations hereunder upon City's approval in writing of such
assignment, which approval shall not be unreasonably conditioned or withheld.
Foreclosure by a secured lender of Licensee or assignment to a secured lender by
Licensee in the event of default or otherwise shall not require City approval provided that
said lender notifies City in writing within sixty (60) days of such foreclosure or
assignment and assumes all of Licensee's rights and obligations hereunder. However, no
change of ownership due to foreclosure or assignment to any secured lender of Licensee
shall be effective as to City unless and until written notice of such foreclosure or
assignment is provided to City.
19.
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.
20.
This Agreement shall be binding upon the parties hereto and their successors and
assigns.
21.
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]
Easement Encroachment Agreement-Commercial Page 6 of 12
Revised 12/2018
City: Licensee:
CITY F ORT ORTH REVELSTO VENTURE, LLC.
By: y:
9
Randle Hal/wood, Director me: Ja n Knotowicz
Planning & Developm nt Tit e: ice President of Real Estate
Dev pment
Date: Date: (� U 1
ATTEST: Approved As To Form and Legality
411,
City Secret �A@ "" 9� :'�Trey Qua
Assistant City Attorney
4-..... ♦1. � .
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of th' ntract 'ncludin ensuring all performance
r portin requirements.
Janie S. Morales
Development Manager
OFFICIAL RECORD
CITY SECRETARY
FT WORTH,TX
Easement Encroachment Agreement-Commercial Page 7 of 12
Revised 12/2018
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 Randle Harwood, 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 day of
20 .
jPubli i and f t State of Texas
JENNIFER LOUISE EZERNACK
Notary Public,State of Texas
After recording return to: 9 +Q Comm.Expires 03-01-2020
Planning& Development '// 0;, � Notary ID 130561630
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
OFFICIAL RECORD
CITY SECRETARY
FT WORTH,TX
Easement Encroachment Agreement-Commercial Page 8 of 12
Revised 12/2018
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
—, on this day personally appeared Jason Knotowicz, Vice President of Real
Estate Development 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 Revelstoke
Venture, LLC, a limited liability company, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
20
JESSICA MINSO]22aOs
�CP'PY P 6'�i
tary Public in and for the _z. Notary Public,State o
/D N, Q Comm. Expires 07 1State ofIFoF�`` Notary ID 129049
rruu��'
OFFICIAL RECORD
CITE'SECRETARY
FT.WORTH,TX
Easement Encroachment Agreement-Commercial Page 9 of 12
Revised 12/2018
EXHIBIT A
Map of Easement and Encroachment
Easement Encroachment Agreement-Commercial Page 10 of 12
Revised 12/2018
Exhibit A
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EXHIBIT B
Certificate of Insurance
Easement Encroachment Agreement-Commercial Page 11 of 12
Revised 12/2018
EXHIBIT C
Metes and Bounds Legal Description of the Property
Easement Encroachment Agreement-Commercial Page 12 of 12
Revised 12/2018
Exhibit C
BEING a tract of land situated in the Samuel Lockhart Survey, Abstract No. 977, City of Fort Worth, Tarrant County,
Texas and being a part out of a 19.137 acre tract of land, described as Tract 2 in Special Warranty Deed to HPC
Revelstoke Resdential, Ltd., recorded in Instrument No. D216160889, Official Public Records of Tarrant County,
Texas, also being all of a 1.185 acre tract of land, described as Part 4 in a Final Judgement from the State of Texas
vs. Evelyn J. Tannahill, et al, recorded in Volume 4434, Page 278, Deed Records of Tarrant County, Texas , and
being more particularly described as follows:
COMMENCING at Brass TxDOT monument found at the southeast corner of said 19,137 acre tract of land, for the
northeast corner of Lot 1, Block 1 of Williamson-Dickie Distribution Center Addition, an addition to the City of Fort
Worth, Tarrant County, Texas according to the plat thereof recorded in Instrument No. D191209573 of said Official
Public Records, also being on the southwest right-of-way line of State Highway No. 81 and 287 (a 350' wide
right-of-way);
THENCE departing said southwest right-of-way line, and with the north line of said Lot 1, Block 1, South 89° 55' 53"
West, at a distance of 681.93 feet to the POINT OF BEGINNING of the herein described tract;
THENCE continuing with the north line of said Lot 1, Block 1, South 89' 55' 53" West, a distance of 60.61 feet to a
point for corner;
THENCE departing the north line of said Lot 1, Block 1, the following courses and distances to wit:
North 08' 11' 33"West, a distance of 545.57 feet to a point for corner;
North 26° 48' 27" East, a distance of 199.63 feet to a point for corner in the southerly line of
Lot 4, Block 1, of the Final Plat of Revelstoke Commercial, an addition to the City of Fort Worth, Texas
according to the plat thereof recorded in Instrument No. D218095981, Official Public Records of Tarrant
County, Texas;
THENCE with the southerly line of said Lot 4, Block 1, North 51° 49' 12" East, at a distance of 130.35 feet to
a 5/8" iron rod with plastic cap stamped "Jacobs" found in the southwest right-of-way line of said State Highway
No. 81 and 287, for the southeasterly corner of said Lot 4, Block 1;
THENCE with the southwest right-of-way line of said State Highway No. 81 and 287, South 38° 11' 50" East, a
distance of 5.39 feet to a point for corner;
THENCE departing the southwest right-of-way line of said State Highway No. 81 and 287, the following courses and
distances to wit:
South 26'48' 27"West, a distance of 296.55 feet to a point for corner;
South 08° 11' 33" East, a distance of 535.22 feet to the POINT OF BEGINNING and containing 1.0942 acres
or 47,663 square feet of land.
Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum
of 1983 (2011).
EASEMENT ENCROACHMENT
of T 47,663 SQ.FT. (1.0942 ACRE)
G1ST SAMUEL LOCKHART SURVEY, ABSTRACT NO. 977
DANA BROWN
CITY OF FORT WORTH
REGISTERED PROFESSIONAL
TARRANT COUNTY,TEXAS
LAND SURVEYOR NO. 5336 DANA BROWN
NOEL TWO G Kimley))) Horn
TWO ALLERIA OFFICE TOWER
SUITE 700 ! 'Pp �Q
DALLAS, TEXAS 75240 9 E S .• 13455 Noel Road,Two Gallena Office Tel.No.(972)T70.1300
Q 'v t. Tower,Suite 700,Dallas,Texas 75240 FIRM N 10115500 Fax No.(972)239,3820
PH. (972)770-1300 J' S U R t{ Scale I Drawn by I Checked by Date Protect No. Sheet No.
dana.brown@kimley-horn.com "_._/ `1 1"=200' JCF DAB 111/2019 1 06454180/ 1 OF
FLORES,JUAN 4/3/2019 9:43 AM K:\DAL SURVEY\064541800-REVELSTOKE PRESIDIUM\DWG\064541800-REVELSTOKE PRESIDIUM LICI.DWG
=� 5/a"IRF� S38°11'S0"E
N51°49'12"E_"JACOBS^\ .''--5.39'
LOT 4, BLOCK 1 130.35' 30'PIPELINE EASEMENT
LOTS 2-7. BLOCK 1 ice.. \\ INSTRUMENT NO.D209141714,O.P.R.T.C.T.
REVELSTOKE COMMERCIAL AS AFFECTED BY ENCROACHMENT AGREEME
\\ INSTRUMENT NO. D217162655,O.P.R.T.C.T.
INST. NO, D218095981
O.P.R.T.C.T.
N26°48'27"E��
199.63 LS26°48'27"W
j/ 296.55' \ �a
- 20'PERMANENT SEWER S8°11'33"E \ so So. �7 /n
FACILITY EASEMENT �- \\N1
��G,S v'
If1ST. NO.D216286203 �/ 535.22
O.P R.T.C.T. SV�J�� ® '*—
ON
�EL\.OG O'gT� �� 1 1.0942 ACRES 9J CP
SPM PesT 3; 47,663 SQ. FT.
00 s \\
TRACT 2
CALLED 19.137 ACRES o DRAINAGE EASEMENT '0 \\
VOLUME 4434,PAGE 278 190
�iS1
HPC REVELSTOKE COMMERCIAL, LTD.,Z F \
A TEXAS LIMITED PARTNERSHIP D.R.T.C.T.'
INSTRUMENT NO. D216160889 S89°55'53"W �
O.P.R.T.C.T. s 681.93' P.O.C.
? \\
S89°55'53"W_ �� P.O.B.
60.61' TXDOT MON.
LOT 1, BLOCK 1 0,j;�jc-:4
WILLIAMSON-DICKIE DISTRIBUTION KERS \ pp
CENTER VOL.A, PG ADDITION906 �S�RPG�NO NOTES
P.R.T.C.T. P Bearing system based on the
LEGEND Texas Coordinate System of
1983, North Central Zone
A=CENTRAL ANGLE (4202), North American Datum
P.O.C.=POINT OF COMMENCING of 1983(2011),
P.O.B.=POINT OF BEGINNING
IRSC=5/8"IRON ROD W/"KHA"CAP SET
XF='X'CUT IN CONCRETE FOUND 0 100 200
DOC. NO.=DOCUMENT NUMBER III®®V
ESMT.=EASEMENT
ROW=RIGHT OF WAY GRAPHIC SCALE IN FEET
NORTH
O.P.R.D.C.T.=OFFICIAL PUBLIC
RECORDS,DALLAS
COUNTY,TEXAS
EASEMENT ENCROACHMENT
47,663 SQ.FT. (1.0942 ACRE)
OF T SAMUEL LOCKHART SURVEY, ABSTRACT NO. 977
P• ' 51ST DANA BROWN C CITY OF FORT WORTH
'
REGISTERED PROFESSIONAL : * TARRANT COUNTY, TEXAS
LAND SURVEYOR NO. 5336 ••"'•" •••••••
13455 NOEL ROAD DANA BROWN Kim
F ........ le >>> Horn
TWO GALLERIA OFFICE TOWER
SUITE 700 ` o�0 5336 OPvC
DALLAS, TEXAS 75240 9N S S�0• 1-, 13455 Noel Road,Two Gallem Office Tel.No.(972)770-1300
PH. (972) 770-1300 FES U R Ey TowScale 700. rallas,awn y I Checked SV FIR M Date 10115500
5500 Fax No.P rnect No. (97 Sheet No.
dana.brown@kimley-horn.com \ 1"=200' JCF DAB 41112019 064541800 20F2
FLORES,JUAN 4/3/2019 9:44 AM K:\DAL SURVEY\054541800-REVELSTOKE PRESIDIUM\DWG\064541300-REVELSTOKE PRESIDIUM LICI.DWG
BEING a tract of land situated in the Samuel Lockhart Survey, Abstract No. 977, City of Fort Worth, Tarrant County, Texas
and being a part out of a 19.137 acre tract of land, described as Tract 2'in Special Warranty Deed to HPC Revelstoke
Residential, Ltd., recorded in Instrument No. D216160889, Official Public Records of Tarrant County, Texas, also being a
portion out of a 1.185 acre tract of land, described in a Permanent Sewer Facility Easement to the City of Fort Worth,
recorded in Instrument No. D216286203, Official Public Records of Tarrant County, Texas, and being more particularly
described as follows:
COMMENCING at Brass TxDOT monument found at the southeast corner of said 19.137 acre tract of land, same being the
northeast corner of Lot 1, Block 1 of Williamson-Dickie Distribution Center Addition, an addition to the City of Fort Worth,
Tarrant County, Texas according to the plat thereof recorded in Instrument No. D191209573 of said Official Public Records,
also being on the southwest right-of-way line of State Highway No. 81 and 287 (a 350'wide right-of-way);
THENCE along the southwest right-of-way line of said State Highway No. 81 and 287, North 38' 11' 50" West, a distance
of 995.24 feet to the POINT OF BEGINNING;
THENCE departing the southwest right-of-way line of said State Highway No. 81 and 287, the following courses and
distances to wit:
South 51° 49' 12" West, a distance of 141.43 feet to a point for the beginning of a tangent curve to the right, having a
central angle of 37' 38' 46", a radius of 520.00 feet and a chord bearing and distance of South 70' 38' 35" West,
335.55 feet to a point for corner;
In a southwesterly direction, with said curve to the right, an arc distance of 341.67 feet to a point for corner;
South 89' 27'58"West, a distance of 253.02 feet to a point for corner;
THENCE with a westerly line of said 19.137 acre tract of land, North 00'32' 02"West, a distance of 20.00 feet to a 5/8" iron
rod with plastic cap stamped "Jacobs" found in the south line of Lot 5, Block 1, of Lots 2-7, Block 1 Revelstoke
Commercial, an addition to the City of Fort Worth, Texas according to the plat thereof recorded in Instrument No.
D218095981, Official Public Records of Tarrant County, Texas;
THENCE along the south line of said Block 1, the following courses and distances to wit:
North 89' 27' 58" East, a distance of 253.02 feet to a 1/2" iron rod with plastic cap stamped "Jacobs" found for the
beginning of a tangent curve to the left, having a central angle of 37' 38' 46", a radius of 500.00 feet and a chord
bearing and distance of North 70' 38' 35" East, 322.65 feet to a point for corner-,
In a northeasterly direction, with said curve to the left, an arc distance of 328.52 feet to a 5/8" iron rod with plastic cap
stamped "KHA"set for corner;
North 51°49'12" East, a distance of 141.42 feet to a 5/8" iron rod with plastic cap stamped "Jacobs" found in the
southwest right-of-way line of said State Highway No. 81 and 287, for the southeasterly corner of Lot 4, of said Block
1;
THENCE with the southwest right-of-way line of said State Highway No. 81 and 287, South 38' 11' 50" East, a distance
of 20.00 feet to the POINT OF BEGINNING and containing 0.3350 acres or 14,591 square feet of land.
Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of
1983 (2011).
EASEMENT ENCROACHMENT
14,591 SQ.FT. (0.3350 ACRE)
Cr 1 SAMUEL LOCKHART SURVEY
] GtSTFi ABSTRACT NO. 977
DANA BROWN
# * CITY OF FORT WORTH
REGISTERED PROFESSIONAL TARRANT COUNTY, TEXAS
LAND SURVEYOR NO. 5336 DANA BROWN
13455 TWOGOELROAD Kimle )) Horn
TWO GALLERIA OFFICE TOWER ,0 5336 �.'
SUITE 700 �9, p�FE S S���PO�
DALLAS, TEXAS 75240 v�y 13455 Noel Road,Two Galle a Offce Tel.No.(972)770-1300
Q S u R Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3820
PH, 972 770-1300
( ) �'.,,/ Sc- ale Drawn by I Checked ov Date I Project No, Sheet No.
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BEING a tract of land situated in the Samuel Lockhart Survey, Abstract No. 977, City of Fort Worth,
Tarrant County, Texas and being a part out of a 19,137 acre tract of land, described as Tract 2 in Special
Warranty Deed to HPC Revelstoke Residential, Ltd., recorded in Instrument No. D216160889, Official
Public Records of Tarrant County, Texas and being more particularly described as follows:
COMMENCING at Brass TxDOT monument found at the southeast corner of said 19.137 acre tract of
land, same being at the northeast corner of Lot 1, Block 1 of Williamson-Dickie Distribution Center
Addition, an addition to the City of Fort Worth, Tarrant County, Texas according to the plat thereof
recorded in Instrument No. D191209573 of said Official Public Records, also being on the southwest
right-of-way line of State Highway No. 81 and 287 (a 350' wide right-of-way);
THENCE departing said southwest right-of-way line of State Highway No. 81 and 287, with the north line
of said Lot 1, Block 1, South 89' 55' 53" West, at a distance of 1510.76 feet to a point for corner;
THENCE departing the north line of said Lot 1, Block 1, with the easterly line of a 0.202 acre tract of land,
described as Permanent Water Facility Easement to the City of Fort Worth, recorded in Instrument No.
D217129527, Official Public Records of Tarrant County, Texas, the following courses and distances to wit:
North 000 32' 40" West, a distance of 20.00 feet to a point for corner;
South 89' 55' 53" West, a distance of 5.00 feet to a point for corner-,
North 000 32' 02" West, a distance of 213.00 feet to the POINT OF BEGINNING;
THENCE continuing with said easterly line, North 00' 32' 02" West, at a distance of 15.00 feet to a point
for corner;
THENCE departing said easterly line, the following courses and distances to wit:
North 89' 27' 58" East, a distance of 25.70 feet to a point for corner;
South 00' 32' 02" East, a distance of 15.00 feet to a point for corner;
South 89' 27' 58" West, a distance of 25.70 feet to the POINT OF BEGINNING and containing
0.0089 acres or 386 square feet of land.
Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North
American Datum of 1983 (2011).
EASEMENT ENCROACHMENT
.��.OF T 386 SQ.FT. (0.0089 ACRE)
�P •'otsr SAMUEL LOCKHART SURVEY, ABSTRACT NO. 977
DANA BROWN # * CITY OF FORT WORTH
REGISTERED PROFESSIONAL TARRANT COUNTY, TEXAS
LAND SURVEYOR NO, 5336
13455 NOEL ROAD DANA BROWN
TWO GALLERIA OFFICE TOWER ' Kimley* Horn
53�6
SUITE700 ASP ' �Pv2
'� cF 'g S�� �'>°. 13455 Noel Road,Two Galleria Office Tel.No.(972)770-1300
P HL 9 2} 770 TEXAS13005240 �� •S.u.R v�y 1 Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3820
a Scz4e Drawn by Checked'Dv Date Proiect Na. Sheet No.
dana.brown@kimley-horn.com T'=200' JCF DAB 4/112019 064541800 1OF2
FLORES,JUAN 4/3l2019 9:57 AM K:IDAL_SURVEY10645418OkFOVELSTOKE PRESIDIUM\DWG106454 1 8 0 0-REVELSTOKE PRESIDIUM LIC3.DWG
LOT 5, BLOCK 1
REVELSTOKE
COMMERCIAL
INST. NO. D218095981 NORTH
O.P.R.T.C.T.
0 100 200
I� GRAPHIC SCALE IN FEET
PERI
! FACILITY EASEMENANENT T
0.0089 ACRES, I INST.NO.D217129527 gUR
386 S` .4T , O.P.R.T.C.T. ��OG�AO
SMUe �� -� . ��`
N89�27'S8"E P p S SO
25.70' �iC 1
NO°32'02"WSO°32'02"E TRACT 2 -51
15.0015,00, CALLED 19.137 ACRESS89°27'58"w HPC REVELSTOKE COMMERCIAL, LTD., cP
P.O.B. 25.70 A TEXAS LIMITED PARTNERSHIP J
NO°32'02"W
! 213.00' INSTRUMENT NO. D216160889
S89°55'53"W O.P.R.T.C.T.
5.00, NO°32'40"W
0 r ,
.---"'-20.00' S89°55'53"W 1510.76' N
Q o LOT 1 BLOCK 1
WILLIAMSON-DICKIE
0 5/8°IRF DISTRIBUTION P.O,C.
r (DISTURBED) S�R��y CENTER ADDITION BRASS
!a < n
z VOL. A, PG. 906 TXDOT MON. \
O0 JOSP S�RPG� P.R.T.C.T.
Of
O
LEGEND
W A=CENTRAL ANGLE
! P.O.C.=POINT OF COMMENCING
J P.O.B.=POINT OF BEGINNING
m ! IRSC=5/8"IRON ROD W/"KHA"CAP SET
XF='X'CUT IN CONCRETE FOUND
DOC.NO.=DOCUMENT NUMBER
ESMT.=EASEMENT
ROW=RIGHT OF WAY
O.P.R.T.C.T.=OFFICIAL PUBLIC
NOTES RECORDS,TARRANT COUNTY,TEXAS
P.R.T.C.T.=PLAT RECORDS,TARRANT
Bearing system based on the Texas Coordinate System COUNTY,TEXAS
of 1983, North Central Zone (4202), North American
Datum of 1983(2011).
EASEMENT ENCROACHMENT
OF T' 386 SQ.FT. (0.0089 ACRE)
P EG�sT�F SAMUEL LOCKHART SURVEY,ABSTRACT NO. 977
DANA BROWN �;'' o ' , CITY OF FORT WORTH
REGISTERED PROFESSIONAL TARRANT COUNTY, TEXAS
LAND SURVEYOR NO. 5336 ......•"•
13455 NOEL ROAD DANA BROWN ■m
TWO GALLERIA OFFICE TOWER KI ■ ■ >> H o r n5336
SUITE 700F[ , 13455 Noel Road,Two Galler a gy)
TeL No.(972)?70.1300
DALLAS, TEXAS 75240 9�j �'• r S ,I R Traver,Suite 700,Dallas,Texas 75240 FIRM#10715500 Fax No.(972)239 3820
PH, (972)770-1300 uw S U R y ;; Smote Drawn b Checked by Dale Project No. Sheet No.
dana.brown@kimley-horn.com "+ �' V=200' JCF DAB 4/1ro19 I o645418o0 20F2
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