HomeMy WebLinkAboutContract 53675 03/20/2020 EASEMENT ENCROACHMENT LICENSE AGREEMENT CSC No.53675
Commercial
8:35 AM
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 MONTSERRAT HILLS, LLC, a limited
liability company ("Licensee"), owner of the real property located at North of Team
Ranch Rd, East of RM 2871 Chapin School Road, Fort Worth, Texas 76126
("Property"), acting by and through its duly authorized Member.
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 water and sanitary sewer 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 installing a private
storm drain (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 specifically described in the exhibit(s) attached
hereto. a �x-
OFFICIAL RECORD
Easement Encroachment Agreement-Commercial tse� RETARY
R v /2
FT. WORTH,TX
2.
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
Easement Encroachment Agreement-Commercial Page 2 of 12
Revised 12/2018
restore the Easement, Licensee hereby gives the City permission to remove the
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
Easement Encroachment Agreement-Commercial Page 3 of 12
Revised 12/2018
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, OF WHATSOEVER HIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION
WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION,
MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE
ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT
CAUSED, IN WHOLE OR IN PART, BY THE 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.
Easement Encroachment Agreement-Commercial Page 4 of 12
Revised 12/2018
11.
Licensee agrees to deposit with the City when this Agreement is executed a
sufficient sum of money to be used to pay necessary fees to record this Agreement in the
real property records of 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.
Easement Encroachment Agreement-Commercial Page 5 of 12
Revised 12/2018
17.
The parties agree that the duties and obligations contained in Section 5 shall
survive the termination of this Agreement.
18.
Licensee covenants and agrees that it will not assign all or any of its rights,
privileges, or duties under this Agreement without the written approval of the City, and
any attempted assignment without such written approval shall be void. In the event
Licensee conveys the Property, Licensee may assign all of its rights and obligations under
this Agreement to the new owner of the Property, and Licensee shall be deemed released
from its duties and obligations hereunder upon City's approval in writing of such
assignment, which approval shall not be unreasonably conditioned or withheld.
Foreclosure by a secured lender of Licensee or assignment to a secured lender by
Licensee in the event of default or otherwise shall not require City approval provided that
said lender notifies City in writing within sixty (60) days of such foreclosure or
assignment and assumes all of Licensee's rights and obligations hereunder. However, no
change of ownership due to foreclosure or assignment to any secured lender of Licensee
shall be effective as to City unless and until written notice of such foreclosure or
assignment is provided to City.
19.
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 OF FORT WORTH MONTSERRAT HILLS,LLC
a Texas limited liability company
By: By:MONTSERRAT PROPERTIES,LLC
D. J. Harrell, Interim Director a Texas limited liability company, its
Planning&Development manager
Date: Z By:
Name: Donald L. Siratt, II
Title: Member Date: /f,0
ATTEST: Approved As To Form and Legality
ser :;',
Mary 1 ayser(Mar1,2020)
is
City Secretary _ • Matthew A. Murray
' Assistant CityAttorney
Y
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.
-71 i ( —aL LL
Janie S. Morales
Development Manager
OFFICIAL RECORk.
CITY SECRETARY
FT. WORTH,TX
Easement Encroachment Agreement-Commercial
Revised 12/2018
1 ' 1 1 ' 1 ' 1 1
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared D.J. Harrell,known to me to be the person whose
name is subscribed to the foregoing instrument,and acknowledged to me that he executed
the same for the purposes and consideration therein expressed, as the act and deed of the
City of Fort Worth, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 19 day of
March 120 20 .
o�pRYP( LAURIE PEQUENO LEWIS
LAURIE PEQUENO Digitally signed by LAURIE = o Notary Public
PEQUENO LEWIS * * STATE OF TEXAS
LEWIS Date:2020.03.19 15:19:34-05'00' Ny P� Notary I.D. 132278952
'Fof My Comm. Exp. Dec. 10, 2023
Notary Public in and for the State of Texas
After recording return to:
Planning& Development
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
OFFICIAL RECORD
CITY SECRETARY
Easement Encroachment Agreement-Commercial Pr T.8 a�A ?RTH,TX
R
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 Donald L. Siratt, II, member of
Montserrat Properties, LLC, a Texas limited liability company, the manager of
Montserrat Hills, LLC, a Texas limited liability company, 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 Montserrat Hills, LLC, a Texas limited liability company, and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this �'1 day of` - a r;
20
F-i.
`�tERNETTE G ANDRAENotary Public in and for the °=Notary Public State of TexasM Commission#130586=3State of - y�of�`��� My Comm.Exp.March 18,2020
N
ICIAL RECORDY SECRETARY WORTH,TX
Easement Encroachment Agreement-Commercial Page 9 of 12
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EXHIBIT A
Map of Easement and Encroachment
Easement Encroachment Agreement-Commercial Page 10 of 12
Revised 12/2018
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SSL= PROPOSED SANITARY SEWER LINE ABSTRACT NO. 128
SD= PROPOSED STORM DRAIN LINE CITY OF FORT WORTH,
WL= PROPOSED WATERLINE TARRANT COUNTY, TEXAS
DRAM BY: AK A.N.A. CONSULTANTS,L.L.C.
DATE: 09-27-19
DGN. NO.i 180250-Enc_3 AN5000 Thompson Terrace
CONSULTANT",L.L.C. Colleyville,Texas 76034
APPROVED BY, EK Office: 817)335-9900
REV i SED, Fax: �817)335-9955 10090800 c}{T,N0.:7 OF 10
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DONEGAL HILLS LP 1. ~
D210323404 POC N89°46'05"E POB 4378, `~~
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MONTSERRAT HILLS,LLC. I
D218157799 I
D.R.T.C.T. 1
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EXHIBIT "A"
EASEMENT ENCROACHMENT
POB=POINT OF BEGINNING SITUATED IN JOHN BURSEY SURVEY
POC=POINT OF COMMENCING ABSTRACT NO. 28
SSL= PROPOSED SANITARY SEWER LINE
SD= PROPOSED STORM DRAIN LINE CITY OF FORT WORTH,
WL= PROPOSED WATERLINE TARRANT COUNTY, TEXAS
DRAWN BY, '� A.N.A. CONSULTANTS,L.L,C.
DATE, 09-27-19
DCN. M.i 180250-Enc-3 A%h5000 Thompson Terrace
CONSULTANTS,L,L.c. ColleyviIle,Texas 76034
APPROVED BYE EK Office: 817)335-9900
REV I SEEDt F F R N(81)335-0 S5 SK NO.18 OF 10
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D210323404
D.R.T.C.T.
MONTSERRAT HILLS,LLC.
D218157799
PO D.R.T.C.7.. F. [ELLOOTT SURWE
(205.922 AC)AMSTIRACT No. 40
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EXHIBIT ����� N86 0745�w
EASEMENT ENCROACHMENT --�1__
SITUATED IN J. F. ELLIOTT SURVEY
ABSTRACT NO. 493
POB=POINT OF BEGINNING AND N. CASTEEL SURVEY
POC=POINT OF COMMENCING ABSTRACT NO. 349
SSL= PROPOSED SANITARY SEWER LINE CITY OF FORT WORTH,
SD= PROPOSED STORM DRAIN LINE TARRANT COUNTY, TEXAS
WL= PROPOSED WATER LINE
DRAM SYJ A.N.A. CONSULTANTS,L.L.C.
DATES 09-27-19
DGN, IW.3 180250_Enc_3 A%k 5000 Thompson Terrace
CONSULTANTS,U-C. Colleyville,Texas 76034
APPROVED BY, EK Office: (817)335-9900
REV i Fax: (817)335-9955 �.No.:9 OF 10
F.R.NO.10090800
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EXHIBIT "A"
EASEMENT ENCROACHMENT
POO=POINT OF BEGINNING SITUATED IN J. F. ELL I OTT SURVEY
POC=POINT OF COMMENCING ABSTRACT NO. 493
SSL= PROPOSED SANITARY SEWER LINE
SD= PROPOSED STORM DRAIN LINE CITY OF FORT WORTH,
WL= PROPOSED WATER LINE TARRANT COUNTY, TEXAS
DRAWN BYr A A.N.A. CONSULTANTS,L.L.C.
DATE, 09-27-19
DC". NO., 180250_Enc-3AN 5000 Thompson Terrace
CONeuLTA►T3,s.l.c. Colleyville,Texas 76034
APPROVED BYs EK Office: (817)335-9900
�V I , ,..� Fax: (811)335-9955LW.,A
F.F-NO.10090800
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 "B"
REAL PROPERTY DESCRIPTION
BEING FIVE PARCELS OF LAND SITUATED J. F. ELLIOTT SURVEY, ABSTRACT NUMBER 493,
TARRANT COUNTY, TEXAS, AND BEING A PORTION OF THAT 40.001 ACRE TRACT OF LAND AS
CONVEYED BY DEED TO MONTSERRAT HILLS, LLC AND RECORDED IN INSTRUMENT NUMBER
D219010528, DEED RECORDS, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
PARCEL 1: 5' WIDE EASEMENT ENCROACHMENT.
COMMENCING AT A 5/8 INCH IRON WITH YELLOW CAP STAMPED "ANA" FOUND FOR THE
SOUTHWEST CORNER OF SAID 40.001 ACRE TRACT IN THE NORTH LINE OF TEAM RANCH ROAD
(80 FOOT RIGHT—OF—WAY) AS RECORDED IN VOLUME 6596, PAGE 469, AND VOLUME 6596,
PAGE 479, OF SAID DEED RECORDS;
THENCE NORTH 56 DEGREES 39 MINUTES 58 SECONDS EAST, 699.48 FEET TO THE POINT OF
BEGINNING IN THE SOUTHERLY LINE OF PROPOSED UTILITY EASEMENT;
THENCE NORTH 42 DEGREES 23 MINUTES 35 SECONDS WEST, 24.18 FEET;
THENCE NORTH 75 DEGREES 59 MINUTES 01 SECONDS EAST, 5.68 FEET;
THENCE SOUTH 42 DEGREES 23 MINUTES 35 SECONDS EAST, 24.37 FEET;
THENCE SOUTH 77 DEGREES 37 MINUTES 24 SECONDS WEST, 5.77 FEET TO THE POINT OF
BEGINNING AND CONTAINING 121 SQUARE FEET OF LAND MORE OR LESS.
PARCEL 2: 51 WIDE EASEMENT ENCROACHMENT.
COMMENCING AT A 5/8 INCH IRON WITH YELLOW CAP STAMPED "ANA" FOUND FOUND FOR THE
SOUTHWEST CORNER OF SAID 40.001 ACRE TRACT IN THE NORTH LINE OF TEAM RANCH ROAD
(80 FOOT RIGHT—OF—WAY) AS RECORDED IN VOLUME 6596, PAGE 469, AND VOLUME 6596,
PAGE 479, OF SAID DEED RECORDS;
THENCE NORTH 51 DEGREES 59 MINUTES 39 SECONDS EAST, 737.92 FEET TO THE POINT OF
BEGINNING IN THE WESTERLY LINE OF PROPOSED UTILITY EASEMENT;
THENCE NORTH 02 DEGREES 39 MINUTES 15 SECONDS WEST, 5.34 FEET;
THENCE SOUTH 72 DEGREES 06 MINUTES 19 SECONDS EA5-T, 37.32 FEET;
THENCE SOUTH 12 DEGREES 06 MINUTES 19 SECONDS EAST, 5.77 FEET;
THENCE NORTH 72 DEGREES 06 MINUTES 19 SECONDS WEST, 38.33 FEET TO THE POINT OF
BEGINNING AND CONTAINING 189 SQUARE FEET OF LAND MORE OR LESS.
PARCEL 3: 51 WIDE EASEMENT ENCROACHMENT.
COMMENCING AT A 5/8 INCH IRON WITH YELLOW CAP STAMPED "ANA" FOUND FOUND FOR THE
SOUTHWEST CORNER OF SAID 40.001 ACRE TRACT IN THE NORTH LINE OF TEAM RANCH ROAD
(80 FOOT RIGHT—OF—WAY) AS RECORDED IN VOLUME 6596, PAGE 469, AND VOLUME 6596,
PAGE 479, OF SAID DEED RECORDS;
A.N.A.Consultants,L.L.C. Page 1 of 8
5000 Thompson Terrace
Colleyville,TX 76034 REVISION:10-22-19
THENCE NORTH 57 DEGREES 55 MINUTES 36 SECONDS EAST, 743.70 FEET TO THE POINT OF
BEGINNING IN THE SOUTHERLY LINE OF PROPOSED UTILITY EASEMENT;
THENCE NORTH 12 DEGREES 06 MINUTES 19 SECONDS WEST, 31.49 FEET;
THENCE NORTH 77 DEGREES 53 MINUTES 41 SECONDS EAST, 5.00 FEET;
THENCE SOUTH 12 DEGREES 06 MINUTES 19 SECONDS EAST, 31.49 FEET;
THENCE SOUTH 77 DEGREES 53 MINUTES 41 SECONDS WEST, 5.00 FEET TO THE POINT OF
BEGINNING AND CONTAINING 158 SQUARE FEET OF LAND MORE OR LESS.
PARCEL 4: 5' WIDE EASEMENT ENCROACHMENT.
COMMENCING AT A 5/8 INCH IRON WITH YELLOW CAP STAMPED "ANA" FOUND FOR THE
SOUTHWEST CORNER OF SAID 40.001 ACRE TRACT IN THE NORTH LINE OF TEAM RANCH ROAD
(80 FOOT RIGHT-OF-WAY) AS RECORDED IN VOLUME 6596, PAGE 469, AND VOLUME 6596,
PAGE 479, OF SAID DEED RECORDS;
THENCE NORTH 60 DEGREES 31 MINUTES 54 SECONDS EAST, 851.04 FEET TO THE POINT OF
BEGINNING IN THE SOUTHERLY LINE OF PROPOSED UTILITY EASEMENT;
THENCE NORTH 17 DEGREES 53 MINUTES 41 SECONDS EAST, 36.36 FEET;
THENCE NORTH 77 DEGREES 53 MINUTES 41 SECONDS EAST, 5.77 FEET;
THENCE SOUTH 17 DEGREES 53 MINUTES 41 SECONDS WEST, 36.36 FEET;
THENCE SOUTH 77 DEGREES 53 MINUTES 41 SECONDS WEST, 5.77 FEET TO THE POINT OF
BEGINNING AND CONTAINING 182 SQUARE FEET OF LAND MORE OR LESS.
PARCEL 5: 15' WIDE EASEMENT ENCROACHMENT.
COMMENCING AT A 5/8 INCH IRON WITH YELLOW CAP STAMPED "ANA" FOUND FOR THE
NORTHWEST CORNER OF LOT B, BLOCK 10, MONTSERRAT ADDITION AN ADDITION TO THE
CITY OF FORT WORTH, TARRANT COUNTY AS RECORDED IN CABINET A, SLIDE NUMBER 11550
PLAT RECORDS TARRANT COUNTY TEXAS, AND THE NORTHEAST CORNER OF SAID 40.001 ACRE
TRACT IN THE SOUTH LINE OF SAID 205.922 ACRE TRACT;
l
THENCE SOUTH 64 DEGREES 57 MINUTES 55 SECONDS WEST, 515.96-:FEET TO THE POINT OF
BEGINNING IN THE NORTH LINE OF PROPOSED 15 FOOT SANITARY SEWER EASEMENT;
THENCE SOUTH 00 DEGREES 04 MINUTES 51 SECONDS EAST, 15.00 FEET;
THENCE SOUTH 89 DEGREES 55 MINUTES 09 SECONDS WEST, 494.68 FEET;
THENCE SOUTH 76 DEGREES 50 MINUTES 24 SECONDS WEST, 177.00 FEET;
THENCE NORTH 14 DEGREES 43 MINUTES 05 SECONDS WEST, 15.01 FEET;
THENCE NORTH 76 DEGREES 50 MINUTES 24 SECONDS EAST, 179.12 FEET;
THENCE NORTH 89 DEGREES 55 MINUTES 09 SECONDS EAST, 496.40 FEET TO THE POINT OF
BEGINNING AND CONTAINING 10,104 SQUARE FEET OF LAND MORE OR LESS.
A.N.A.Consultants,L.L.C. Page 2 of 8
5000 Thompson Terrace
Colleyville,TX 76034 REVISION: 10-22-19
REAL PROPERTY DESCRIPTION OF PARCELS 6-17
BEING 12 PARCELS OF LAND OUT OF THAT 205.922 ACRE TRACT OF LAND AS CONVEYED TO
MONTSERRAT HILLS, LLC BY DEED RECORDED IN INSTRUMENT NUMBER D218157799, DEED
RECORDS, TARRANT COUNTY, TEXAS, BEING SITUATED IN THE J. F. ELLIOTT SURVEY,
ABSTRACT NUMBER 493, JOHN BURSEY SURVEY ABSTRACT NUMBER 128, AND NANCY CASTEEL
SURVEY ABSTRACT NUMBER 349, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
PARCEL 6: 5' WIDE EASEMENT ENCROACHMENT
COMMENCING AT A 5/8 INCH IRON WITH YELLOW CAP STAMPED "ANA" FOUND FOR THE
NORTHWEST CORNER OF SAID 40.001 ACRE TRACT IN THE SOUTH LINE OF SAID 205.922
ACRE TRACT;
THENCE NORTH 74 DEGREES 15 MINUTES 30 SECONDS EAST, 112.74 FEET TO THE POINT OF
BEGINNING IN THE PROPOSED UTILITY EASEMENT;
THENCE NORTH 00 DEGREES 17 MINUTES 44 SECONDS EAST, 28.00 FEET;
THENCE SOUTH 89 DEGREES 42 MINUTES 16 SECONDS EAST, 5.00 FEET;
THENCE SOUTH 00 DEGREES 17 MINUTES 44 SECONDS WEST, 28.00 FEET;
THENCE NORTH 89 DEGREES 42 MINUTES 16 SECONDS WEST, 5.00 FEET TO THE POINT OF
BEGINNING AND CONTAINING 140 SQUARE FEET OF LAND MORE OR LESS.
PARCEL 7: 5' WIDE EASEMENT ENCROACHMENT
COMMENCING AT A 5/8 INCH IRON WITH YELLOW CAP STAMPED "ANA" FOUND FOR THE
NORTHWEST CORNER OF LOT B, BLOCK 10, MONTSERRAT ADDITION AN ADDITION TO THE
CITY OF FORT WORTH, TARRANT COUNTY AS RECORDED IN CABINET A, SLIDE NUMBER 11550
PLAT RECORDS TARRANT COUNTY TEXAS, AND THE NORTHEAST CORNER OF SAID 40.001 ACRE
TRACT IN THE SOUTH LINE OF SAID 205.922 ACRE TRACT;
THENCE NORTH 53 DEGREES 00 MINUTES 48 SECONDS WEST, 929.96 FEET TO THE POINT OF
BEGINNING IN THE PROPOSED UTILITY EASEMENT;
THENCE NORTH 72 DEGREES 40 MINUTES 48 SECONDS WEST, 12.75 FEET;
THENCE NORTH 47 DEGREES 31 MINUTES 56 SECONDS EAST, 5.79 FEET;
THENCE SOUTH 72 DEGREES 40 MINUTES 48 SECONDS EAST, 12.90 FEET;
THENCE SOUTH 48 DEGREES 48 MINUTES 28 SECONDS WEST, 5.86 FEET TO THE POINT OF
BEGINNING AND CONTAINING 64 SQUARE FEET OF LAND MORE OR LESS.
PARCEL 8: 5' WIDE EASEMENT ENCROACHMENT
COMMENCING AT A 5/8 INCH IRON WITH YELLOW CAP STAMPED "ANA" FOUND FOR THE
NORTHWEST CORNER OF LOT A-1OR-1, BLOCK 2, MONTSERRAT ADDITION AN ADDITION TO
THE CITY OF FORT WORTH, TARRANT COUNTY AS RECORDED INSTRUMENT NUMBER
A.N.A.Consultants,L.L.C. Page 3 of 8
5000 Thompson Terrace
Colleyville,TX 76034 REVISION: 10-22-19
D206078654, PLAT RECORDS TARRANT COUNTY TEXAS, AND BEING AN INTERNAL CORNER OF
SAID 205.922 ACRE TRACT;
THENCE SOUTH 38 DEGREES 42 MINUTES 09 SECONDS WEST, 552.08 FEET TO THE POINT OF
BEGINNING IN THE PROPOSED UTILITY EASEMENT;
THENCE SOUTH 79 DEGREES 01 MINUTES 17 SECONDS WEST, 5.01 FEET;
THENCE NORTH 08 DEGREES 08 MINUTES 39 SECONDS WEST, 15.02 FEET;
THENCE NORTH 79 DEGREES 01 MINUTES 17 SECONDS EAST, 5.01 FEET;
THENCE SOUTH 08 DEGREES 08 MINUTES 39 SECONDS EAST, 15.02 FEET TO THE POINT OF
BEGINNING AND CONTAINING 75 SQUARE FEET OF LAND MORE OR LESS.
PARCEL 9: 51 WIDE EASEMENT ENCROACHMENT
COMMENCING AT A 5/8 INCH IRON WITH YELLOW CAP STAMPED "ANA" FOUND FOR THE
NORTHWEST CORNER OF LOT A-10R-1, BLOCK 2, MONTSERRAT ADDITION AN ADDITION TO
THE CITY OF FORT WORTH, TARRANT COUNTY AS RECORDED INSTRUMENT NUMBER
D206078654, PLAT RECORDS TARRANT COUNTY TEXAS, AND BEING AN INTERNAL CORNER OF
SAID 205.922 ACRE TRACT;
THENCE SOUTH 39 DEGREES 45 MINUTES 08 SECONDS WEST, 512.57 FEET TO THE POINT OF
BEGINNING IN THE PROPOSED UTILITY EASEMENT;
THENCE SOUTH 05 DEGREES 18 MINUTES 50 SECONDS EAST, 5.77 FEET;
THENCE NORTH 65 DEGREES 27 MINUTES 28 SECONDS WEST, 23.94 FEET;
THENCE NORTH 02 DEGREES 15 MINUTES 23 SECONDS WEST, 5.60 FEET;
THENCE SOUTH 65 DEGREES 27 MINUTES 28 SECONDS EAST, 23.59 FEET TO THE POINT OF
BEGINNING AND CONTAINING 119 SQUARE FEET OF LAND MORE OR LESS.
PARCEL 10: 5' WIDE EASEMENT ENCROACHMENT
COMMENCING AT A 5/8 INCH IRON WITH YELLOW CAP STAMPED "ANA" FOUND FOR THE
NORTHWEST CORNER OF LOT A-1OR-1, BLOCK 2, MONTSERRAT ADDITION AN ADDITION TO
THE CITY OF FORT WORTH, TARRANT COUNTY AS RECORDED INSTRUMENT NUMBER
D206078654, PLAT RECORDS TARRANT COUNTY TEXAS, AND BEING AN INTE_MAL CORNER OF
SAID 205.922 ACRE TRACT;
THENCE SOUTH 57 DEGREES 34 MINUTES 39 SECONDS WEST, 401.92 FEET TO THE POINT OF
BEGINNING IN THE PROPOSED UTILITY EASEMENT;
THENCE SOUTH 04 DEGREES 12 MINUTES 56 SECONDS WEST, 15.00 FEET;
THENCE NORTH 85 DEGREES 47 MINUTES 04 SECONDS WEST, 5.00 FEET;
THENCE NORTH 04 DEGREES 12 MINUTES 56 SECONDS EAST, 15.00 FEET;
THENCE SOUTH 85 DEGREES 47 MINUTES 04 SECONDS EAST, 5.00 FEET TO THE POINT OF
BEGINNING AND CONTAINING 75 SQUARE FEET OF LAND MORE OR LESS.
A.N.A.Consultants,L.L.C. Page 4 of 8
5000 Thompson Terrace
Colleyville,TX 76034 REVISION: 10-22-19
PARCEL 11: 5' WIDE EASEMENT ENCROACHMENT
COMMENCING AT A 5/8 INCH IRON WITH YELLOW CAP STAMPED "ANA" FOUND FOR THE
NORTHWEST CORNER OF LOT A-lOR-1, BLOCK 2, MONTSERRAT ADDITION AN ADDITION TO
THE CITY OF FORT WORTH, TARRANT COUNTY AS RECORDED INSTRUMENT NUMBER
D206078654, PLAT RECORDS TARRANT COUNTY TEXAS, AND BEING AN INTERNAL CORNER OF
SAID 205.922 ACRE TRACT;
THENCE SOUTH 79 DEGREES 15 MINUTES 52 SECONDS WEST, 344.45 FEET TO THE POINT OF
BEGINNING IN THE PROPOSED UTILITY EASEMENT;
THENCE NORTH 63 DEGREES 17 MINUTES 04 SECONDS WEST, 7.03 FEET;
THENCE NORTH 17 DEGREES 54 MINUTES 46 SECONDS WEST, 21.08 FEET;
THENCE SOUTH 63 DEGREES 17 MINUTES 04 SECONDS EAST, 7.03 FEET;
THENCE SOUTH 17 DEGREES 54 MINUTES 46 SECONDS EAST, 21.08 FEET TO THE POINT OF
BEGINNING AND CONTAINING 105 SQUARE FEET OF LAND MORE OR LESS.
PARCEL 12: 51 WIDE EASEMENT ENCROACHMENT
COMMENCING AT A 5/8 INCH IRON WITH YELLOW CAP STAMPED "ANA" FOUND FOR THE
NORTHWEST CORNER OF LOT A-10R-1, BLOCK 2, MONTSERRAT ADDITION AN ADDITION TO
THE CITY OF FORT WORTH, TARRANT COUNTY AS RECORDED INSTRUMENT NUMBER
D206078654, PLAT RECORDS TARRANT COUNTY TEXAS, AND BEING AN INTERNAL CORNER OF
SAID 205.922 ACRE TRACT;
THENCE NORTH 62 DEGREES 42 MINUTES 10 SECONDS WEST, 363.05 FEET TO THE POINT OF
BEGINNING IN THE PROPOSED UTILITY EASEMENT;
THENCE SOUTH 62 DEGREES 09 MINUTES 10 SECONDS WEST, 22.76 FEET;
THENCE NORTH 20 DEGREES 05 MINUTES 23 SECONDS WEST, 5.05 FEET;
THENCE NORTH 62 DEGREES 09 MINUTES 10 oECONDS EAST, 22.08 FEET;
THENCE SOUTH 27 DEGREES 50 MINUTES 50 SECONDS EAST, 5.00 FEET TO THE POINT OF
BEGINNING AND CONTAINING 112 SQUARE FEET OF LAND MORE OR LESS.
PARCEL 13: VARIABLE WIDTH EASEMENT ENCROACHMENT
COMMENCING AT A 5/8 INCH IRON WITH YELLOW CAP STAMPED "ANA" FOUND FOR THE EAST
CORNER OF THAT CERTAIN TRACT OF LAND AS CONVEYED BY DEED TO DONEGAL HILLS LP,
AS RECORDED IN INSTRUMENT NUMBER D210323404, DEED RECORDS TARRANT COUNTY TEXAS,
AND BEING AN INTERNAL CORNER OF SAID 205.922 ACRE TRACT;
THENCE NORTH 89 DEGREES 46 MINUTES 05 SECONDS EAST, 1302.75 FEET TO THE POINT
OF BEGINNING IN THE PROPOSED UTILITY EASEMENT;
THENCE NORTH 21 DEGREES 33 MINUTES 09 SECONDS EAST, 51.97 FEET;
A.N.A.Consultants,L.L.C. Page 5 of 8
5000 Thompson Terrace
Colleyville,TX 76034 REVISION:10-22-19
THENCE SOUTH 83 DEGREES 36 MINUTES 42 SECONDS EAST, 35.01 FEET;
THENCE SOUTH 11 DEGREES 28 MINUTES 15 SECONDS WEST, 50.16 FEET;
THENCE NORTH 83 DEGREES 52 MINUTES 04 SECONDS WEST, 43.78 FEET TO THE POINT OF
BEGINNING AND CONTAINING 1, 958 SQUARE FEET OF LAND MORE OR LESS.
PARCEL 14: 5' WIDE EASEMENT ENCROACHMENT
COMMENCING AT A 5/8 INCH IRON WITH YELLOW CAP STAMPED "ANA" FOUND FOR THE EAST
CORNER OF THAT CERTAIN TRACT OF LAND AS CONVEYED BY DEED TO DONEGAL HILLS LP,
AS RECORDED IN INSTRUMENT NUMBER D210323404, DEED RECORDS TARRANT COUNTY TEXAS,
AND BEING AN INTERNAL CORNER OF SAID 205.922 ACRE TRACT;
THENCE SOUTH 81 DEGREES 39 MINUTES 39 SECONDS EAST, 324.97 FEET TO THE POINT OF
BEGINNING IN THE PROPOSED UTILITY EASEMENT;
THENCE SOUTH 86 DEGREES 44 MINUTES 42 SECONDS EAST, 5.21 FEET;
THENCE SOUTH 19 DEGREES 32 MINUTES 19 SECONDS WEST, 22.90 FEET;
THENCE NORTH 86 DEGREES 07 MINUTES 45 SECONDS WEST, 5.19 FEET;
THENCE NORTH 19 DEGREES 32 MINUTES 19 SECONDS EAST, 22.84 FEET TO THE POINT OF
BEGINNING AND CONTAINING 114 SQUARE FEET OF LAND MORE OR LESS.
PARCEL 15: 5' WIDE EASEMENT ENCROACHMENT
COMMENCING AT A 5/8 INCH IRON WITH YELLOW CAP STAMPED "ANA" FOUND FOR THE EAST
CORNER OF THAT CERTAIN TRACT OF LAND AS CONVEYED BY DEED TO DONEGAL HILLS LP,
AS RECORDED IN INSTRUMENT NUMBER D210323404, DEED RECORDS TARRANT COUNTY TEXAS,
AND BEING AN INTERNAL CORNER OF SAID 205.922 ACRE TRACT;
THENCE SOUTH 78 DEGREES 35 MINUTES 35 SECONDS EAST, 215.67 FEET TO THE POINT OF
BEGINNING IN THE PROPOSED UTILITY EASEMENT;
THENCE SOUTH 81 DEGREES 12 MINUTES 58 SECONDS EAST, 7.02 FEET;
THENCE SOUTH 35 DEGREES 46 MINUTES 31 SECONDS EAST, 15.81 FEET; tI
THENCE NORTH 80 DEGREES 37 MINUTES 30 SECONDS WEST, 7.09 FEET;
THENCE NORTH 35 DEGREES 46 MINUTES 31 SECONDS WEST, 15.70 FEET TO THE POINT OF
BEGINNING AND CONTAINING 79 SQUARE FEET OF LAND MORE OR LESS.
PARCEL 16: 5' WIDE EASEMENT ENCROACHMENT
COMMENCING AT A 5/8 INCH IRON WITH YELLOW CAP STAMPED "ANA" FOUND FOR THE EAST
CORNER OF THAT CERTAIN TRACT OF LAND AS CONVEYED BY DEED TO DONEGAL HILLS LP,
AS RECORDED IN INSTRUMENT NUMBER D210323404, DEED RECORDS TARRANT COUNTY TEXAS,
AND BEING AN INTERNAL CORNER OF SAID 205.922 ACRE TRACT;
A.N.A.Consultants,L.L.C. Page 6 of 8
5000 Thompson Terrace
Colleyville,TX 76034 REVISION:10-22-19
THENCE NORTH 54 DEGREES 17 MINUTES 51 SECONDS EAST, 251.24 FEET TO THE POINT OF
BEGINNING IN THE PROPOSED UTILITY EASEMENT;
THENCE NORTH 57 DEGREES 39 MINUTES 01 SECONDS EAST, 25.98 FEET;
THENCE SOUTH 62 DEGREES 20 MINUTES 41 SECONDS EAST, 5.77 FEET;
THENCE SOUTH 57 DEGREES 39 MINUTES 01 SECONDS WEST, 24.93 FEET;
THENCE NORTH 70 DEGREES 34 MINUTES 11 SECONDS WEST, 6.36 FEET TO THE POINT OF
BEGINNING AND CONTAINING 127 SQUARE FEET OF LAND MORE OR LESS.
PARCEL 17: 5' WIDE EASEMENT ENCROACHMENT
COMMENCING AT A 5/8 INCH IRON FOUND IN THE WEST LINE OF SAID 205.922 ACRE TRACT
IN THE EAST RIGHT-OF-WAY LINE OF R.M. HIGHWAY NUMBER 2871, AS RECORDED IN
VOLUME 4219, PAGE 214, DEED RECORDS TARRANT COUNTY TEXAS;
THENCE NORTH 36 DEGREES 53 MINUTES 21 SECONDS EAST, 413.60 FEET TO THE POINT OF
BEGINNING IN THE PROPOSED UTILITY EASEMENT;
THENCE NORTH 14 DEGREES 54 MINUTES 12 SECONDS WEST, 7.25 FEET;
THENCE SOUTH 58 DEGREES 29 MINUTES 20 SECONDS EAST, 70.92 FEET;
THENCE SOUTH 12 DEGREES 02 MINUTES 27 SECONDS EAST, 6.90 FEET;
THENCE NORTH 58 DEGREES 29 MINUTES 20 SECONDS WEST, 70.42 FEET TO THE POINT OF
BEGINNING AND CONTAINING 353 SQUARE FEET OF LAND MORE OR LESS.
Note: Bearings are relative to True North obtained from Global Positioning
Satellite System (GPS) Observations, North American Datum 1983 (NAD 183), Texas
State Plane Coordinate System, North Central Zone.
Note: In accordance with the Texas Board of Professional Land Surveying General
Rules of Procedures and Practices, 663.19(9) , this "Report" consists of the
Real Property Description included herein and the Map of Survey attached
herewith.
OF
5 T,-Wl-4
... ........ :cA
EDWARD K.KHALIL
u y......................r u
5951 '
A v:
<9.oFF
�S U R`1 E�
A.N.A.Consultants,L.L.C. Page 7 of 8
5000 Thompson Terrace
Colleyville,TX 76034 REVISION:10-22-19