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Home My WebLink AboutContract 55834Date Received: 06/11/2021 Time Received: 9�17 am City Secretary Number: 55834 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER II THIS AGREEMENT is made and entered into by and between THE CITY OF FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"), acting by and through its duly authorized City Manager, Assistant City Manager, or Director of the Development Services Department, and TX CHAMPIONS INDUSTRIAL LP, a limited partnership ("Licensee"), acting by and through its duly authorized general partner. RECITALS WHEREAS, Licensee is the owner of the real property located at SE Intersection of SH 114 and Championship Parkway, Fort Worth, Texas 76177 ("Property"), being more particularly described in the attached Exhibit "A" which is incorporated herein for all purposes; and WHEREAS, the City owns a water easement (the "Public Property") adjacent to the Property as shown in the attached Exhibit "B," which is incorporated herein for all purposes, and as recorded in the plat records of Denton County as plat number FS-21-069; and WHEREAS, Licensee desires to construct, place, and maintain certain improvements which will encroach in, on, above, or below the Public Property; and WHEREAS, to accommodate the needs of the Licensee, the City will allow the encroachment under the terms and conditions as set forth in this Agreement. NOW, THEREFORE, the City and Licensee agree as follows: AGREEMENT 1. The City, in consideration of the payment by Licensee of the fee set out below and covenants and agreements hereinafter contained to be kept and performed by Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and occupy a portion of the City's Public Property as described in and at the location shown on Exhibit "C," but only to the extent shown thereon, for the purpose of constructing, installing, and maintaining a private storm line (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within the Public Property. Licensee shall not expand or otherwise cause the Encroachment to Tier II Easement Encroachment OFFICIAL RECORD Agreement CITY SECRETARY PN21-00057 Re FT. WORTH, TX further infringe in or on the Public Property beyond what is specifically described in Exhibit "C." 2. All construction, installation, maintenance, and operation of the Encroachment and the use or occupancy of the Public Property shall comply with and be performed in strict compliance with this Agreement and with the charter, ordinances, codes, and policies of the City. Prior to the construction or installation of the Encroachment, Licensee shall submit all plans and specifications to the Director of the Development Services Department or duly authorized representative. Licensee shall not commence construction or installation of the Encroachment nor make any use of the Public Property until after the execution of this Agreement. 3. Licensee, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or future utilities affected by such Encroachment and the use and occupancy of the Public Property, including the securing the approval and consent of the appropriate utility companies and agencies of the State of Texas and its political subdivisions. In the event that any installation, reinstallation, relocation, or repair of any existing or future utility or improvements owned by or constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance, or existence of the Encroachment and use of Public Property, Licensee shall pay to City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department, or their duly authorized representative. 4. Licensee agrees that City may enter and utilize the Public Property at any time for any public purpose, including installing, repairing, replacing, or maintaining improvements to its public facilities or utilities necessary for the health, safety, and welfare of the public. The City shall have no responsibility or liability for any damages related to the Encroachment resulting from the City's use of the Public Property; however, the City shall make reasonable efforts to minimize such damage. 5. Upon termination of this Agreement, Licensee shall, at the option of and at no expense to the City, remove the Encroachment and restore the Public Property to a condition acceptable to the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department or their duly authorized representative. Any such removal of the Encroachment shall be in accordance with then-existing City regulations and policies. It is understood and agreed to by Licensee that if this Agreement terminates and Licensee fails to remove the Encroachment and Ticr II Easement Encroachment Agreement Page 2 of 13 PN21-00057 Revised 11/2020 restore the Public Property, Licensee hereby gives City permission to remove the Encroachment and any supporting structures from the Public Property, to restore the Public Property, and to 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 Encroachment and use of Public Property as provided for by this Agreement, Licensee agrees to pay to City at the time this Agreement is requested an application fee in the sum of Seven Hundred Dollars ($700.00). 7. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by City. However, the City may terminate this Agreement upon Licensee's noncompliance with any of the terms of this Agreement. City shall notify Licensee in writing of any such noncompliance and if Licensee does not cure the noncompliance within thirty (30) days of notice from City, the City may terminate this Agreement. However, the City may, at its sole option, allow the Agreement to remain in effect so long as Licensee has taken reasonable measures to cure the noncompliance or is continuing to diligently attempt to remedy the noncompliance. 8. It is further understood and agreed between the parties hereto that the Public Property to be used and encroached upon is held by City as trustee for the public; that City exercises such powers over the Public Property as have been delegated to it by the Constitution of the State of Texas or by the Texas Legislature; and that City cannot contract away its duty and its legislative power to control the Public Property for the use and benefit of the public. It is accordingly agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the Public Property to be used for any other public purpose, including but not being limited to underground, surface, or overhead communication, drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not, that the parties agree to negotiate in good faith in order to accommodate both the Encroachment and the public purpose. 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 DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL Tier II Easement Encroachment Agreement Page 3 of 13 PN21-00057 Revised 11/2020 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 ALLEGED 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 is has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and described in Exhibit "C." 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 "D" and incorporated herein for all purposes. Licensee agrees, binds, and obligates itself and its successors and assigns to maintain and keep in force such public liability insurance at all times during the term of this Agreement and until the removal of the Encroachment and restoration of the Public Property. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. 11. Licensee agrees to deposit with the City when this Agreement is executed a sufficient sum of money to be used to pay necessary fees to record this Agreement in the real property records of the county in which the Encroachment is located. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. Tier II Easement Encroachment Agreement Page 4 of 13 PN21-00057 Revised 11/2020 12. Licensee agrees to comply fully with all applicable federal, state, and local laws, statutes, ordinances, codes, and regulations in connection with the construction, operation, and maintenance of the Encroachment and use of the Public Property. 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 Public Property and is not a conveyance of any right, title, or interest in or to the Public Property, nor is it meant to convey any right to use or occupy property in which a third- party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. 16. 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 attorneys' fees. 17. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. Tier II Easement Encroachment Agreement Page 5 of 13 PN21-00057 Revised 11/2020 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] Tier II Easement Encroachment Agreement Page 6 of 13 PN21-00057 Revised 11/2020 City: CITY OF FORT WORTH By: DJ Harrell (Jun 8, 202110:57 CDT) Licensee: TX CHAMPIONS INDUSTRIAL LP By: TX Champio general partner D.J. Harrell, Director of the Development Services Department Date: Jun 8, 2021 Title: Senior Vice President Date: June 3, 2021 ATTEST: City Secretary Tier II Easement Encroachment Agreement PN21-00057 Approved As To Form and Legality Thomas Royce Hansen Assistant City Attorney Ordinance No. 24161-04-2020 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. 4t@--Scarwt:MRt:aftt: Janie Scarlett Morales (Jun 7, 202119:57 CDT) Janie S. Morales Development Services Page 7 of13 Revised 11/2020 ***THIS PAGE FOR CITY OF FORT WORTH OFFICE USE ONLY*** 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_filh_day of __._Tu=n=e"--__ _,, 20 _lL. Digitally signed by •& k Jennifer L. Ezernack Jenn11er L. Ezernac Date: 202,_06_08 -------13:58:50 -05'00' Notary Public in and for the State of Texas After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 7 6102 Tier II Easement Encroachment Agreement PN21-00057 JENNIFER L. EZERNACK Notary Public STATE OF TEXAS Notary I.D. 130561630 My Comm. Exp. Mar. 1, 2024 Page 8 of13 Revised 11/2020 STATE OF TEXAS § COUNTY OF TARRANT § Province BEFORE ME, the undersigned authority, a Notary Public in and for the S�te of Alberta, Canada , on this day personally appeared Don Larke, Senior Vice President of Texas Champions GP, LLC, general partner of Texas Champions LP, 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 Texas Champions Industrial LP, a limited partnership, and in the capacity therein stated. GIVEN LTNDER MY HAND AND SEAL OF OFFICE this 3rd day of ne , 20 21 . a vo<<., _ ��-� Notary Public in and for the Province of Alberta, Canada �te� Tier II Easement Encroachment Agreement PN21-00057 Na�A�G Q.��' does not expire OFFICIAL REC�RD CITY SECRETARY FT. W�RTH, TX EXHIBIT A Description of the Licensee's Property Tier II Easement Encroachment Agreement Page 10 of 13 PN21-00057 Revised 11/2020 � C� � � � � � _ � � 0 � H � O L.L � O � � U W 2 � � m _ X W � H Z U / Q � U w % � w � � � V ! H Z W � W � �N I..L I..L � U J m � � � _ � z � I..L � Q 2 U J W � w � O _ C L � _ � �Z �' m � �� x� a �x �o�o :- U d 3 N Y ��LL� � � O > w 0 � z � � a J m H � Z �, W N � �w ��Qo >�wJ� � Z w mo^ ��Q�o wo}�� W N � H Z a JzO O�Q02 2vUUd � M � � � � � � Z O � U � } a Z � U r Z N O o H � Z � W � Z 0 o H _ �U F N r W �pN� ONO� �Uza ��U� O�av m es�c �/�s/s o�vs un aMo�\rx�\s��ad�aw�\a�aem�a �� - oou�cwo\�ncr-�� 311YN aN0 wv w� �z/�r/r �s wru�vHs Ae muoie EXHIBIT B Depiction of the Public Property Tier II Easement Encroachment Agreement Page 11 of 13 PN21-00057 Revised 11/2020 ii ii I� o ��j Oao �I °'y°z°z -- � � oo.F „ II J�� ii �r „�! ! 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NOTES Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202). A survey plat of even survey date herewith accompanies this metes & bounds description. The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the encroachment tract. // �/ / y�`�/2� '�P��o E•'r-`9 MICHAEL C. BILLINGSLEY �� ''� *: � '':�c REGISTERED PROFESSIONAL ,,,;,,,,,,,,,,,,,,,,,,,,,,,;,,, LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLE' 801 CHERRY STREET, "' ` """"""""""""" UNIT 11 SUITE 1300 �'• ,0 6558 P�,, � FORT WORTH, TEXAS 76102 9'��FESS��'�o� �L '•••..... ..• y PH. 817-335-6511 � S � R �� michael.billingsley@kimley-horn.com EASEMENT ENCROACHMENT PART LOT 18, BLOCK 3 CHAMPIONSHIP PARKWAY RUFUS DANIEL SURVEY, ABSTRACT NO. 362 CITY OF FORT WORTH DENTON COUNTY,TEXAS � Q> > Y} Q Q o � °- ~ I a. _ c� _ � 2 W � � Z� 0 O� _ �- a� �� I = I U 5/8"IRSC f "KHA" (C.M.) � � P.O.C. � NORTH I � 20 40 GRAPHIC SCALE IN FEET LEGEND I P.O.C. = POINT OF COMMENCING I P.O.B. = POINT OF BEGINNING IRSC = IRON ROD W/CAP SET C.M. = CONTROLLING MONUMENTI NOTES LOT 18, BLOCK 3 CHAMPIONS CIRCLE ADDITION (INST. NO. 2020-103) LRIC CHAMPIONS CENTER, LP. (INST. NO. 2016-48531) EASEMENT ENCROACHMENT 0.0047 ACRES L2 206 SQ. FT. � M J J N90°00'00"E 26.64' L�r N90°00'00 305.54' -•: LINE TABLE NO. BEARING LENGTH L1 S00°00'00"E 16.50' L2 N90°00'00"W 12.50' L3 N00°00'00"E 16.50' L4 N90°00'00"E 12.50' I I 5/8"I RSC — �KHA" (C.M.) � 25' WATER & WASTEWATER EASEMENT (INST. NO. 2020-103) LOT 17, BLOCK 3 CHAMPIONS CIRCLE ADDITION (INST. NO. 2020-103) TX CHAMPIONS INDUSTRIAL LP (INST. NO. 2021-8624) Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202). A metes & bounds description of even survey date herewith accompanies this survey plat. The undersigned, Registered Professional Land Surveyor, hereby certifies that this plat of survey accurately sets out the metes and bounds of the encroachment tract. EASEMENT ENCROACHMENT PART OF LOT 18, BLOCK 3 CHAMPIONSHIP PARKWAY RUFUS DANIEL SURVEY, � Gf�a�/Z� P-CE.�F...?'Fy ABSTRACT NO. 362 '� GISTE � CITY OF FORT WORTH ICHAEL C. BILLINGSLEY �;' � RFO �9�, '•. REGISTERED PROFESSIONAL *:� :* DENTON COUNTY TEXAS .............................. � LAND SURVEYOR NO. 6558 MICHAE 801 CHERRY STREET, ' "' UNIT 11 SUITE 1300 �'• �0 FORT WORTH, TEXAS 76102 �9N PH. 817-335-6511 michael.billingsley@kimley-horn.com �DILLA, CAELAN 4121/2021 4:13 PM K:\FTW SURVEI'�061311100-CHAMP IP HIP HOPEWELL_LOT 18_ESMT LEGAL DESCRIPTION EASEMENTENCROACHMENT BEING a 0.0024 acre (106 square foot) tract of land (TRACT 1), a 0.0045 acre (195 square foot) tract of land (TRACT 2), a 0.0152 acre (660 square foot) tract of land (TRACT 3) and a 0.0052 acre (226 square foot) tract of land (TRACT 4) all situated in the Rufus Daniel Survey, Abstract No. 362, City of Fort Worth, Denton County, Texas; said tracts being part of Lot 17, Block 3, Champions Circle Addition, an addition to the City of Fort Worth according to the plat recorded in Instrument No. 2020-103 of the Official Public Records of Denton County, Texas; said tracts being more particularly described as follows: TRACT 1 COMMENCING at a 5/8-inch iron rod with "KHA" cap set in the east line of Championship Parkway (a 120-foot right-of-way); said point being the northwest corner of said Lot 17; THENCE North 00°00'00" East, departing the said east line of Championship Parkway and along the north line of said Lot 17, a distance of 26.24 feet to the POINT OF BEGINNING; THENCE North 90°00'00" East, continuing along the said north line of Lot 17, a distance of 12.50 feet to a point for corner; from said point a 5/8-inch iron rod with "KHA" cap set at the southeast corner of Lot 18, Block 3 of said Champions Circle Addition bears North 90°00'00" East, a distance of 305.54 feet; THENCE South 0°00'00" West, departing the said north line of Lot 17, a distance of 8.50 feet to a point for corner; THENCE North 90°00'00" West, a distance of 12.50 feet to a point for corner; THENCE North 0°00'00" East, a distance of 8.50 feet to the POINT OF BEGINNING and containing 106 square feet or 0.0024 acres of land, more or less. EASEMENT ENCROACHMENT PART LOT 17, BLOCK 3 CHAMPIONSHIP PARKWAY RUFUS DANIEL SURVEY, ABSTRACT NO. 362 CITY OF FORT WORTH DENTON COUNTY, TEXAS 1100-CHAMPIONSHIP HOPEWELL\DWG\061 31 11 00-CHAMPtONSHIP HOPEWELL LOT 17 ESMT ENCROACHMENT.DWG TRACT 2 COMMENCING at a"X" cut found at the most easterly northeast corner of said Lot 17; from said point a "X" cut found in the north line of said Lot 17 bears North 89°57'57" West, a distance of 17.50 feet; THENCE South 00°00'00" East, along the east line of said Lot 17, a distance of 18.52 feet to a point: THENCE North 90°00'00" West, departing the said east line of Lot 17, a distance of 15.00 feet to the POINT OF BEGINNING; THENCE North 89°57'33" West, a distance of 15.00 feet to a point for corner; THENCE North 0°00'00" East, a distance of 13.00 feet to a point for corner; THENCE South 89°57'33" East, a distance of 15.00 feet to a point for corner; THENCE South 0°00'00" West, a distance of 13.00 feet to the POINT OF BEGINNING and containing 195 square feet or 0.0045 acres of land, more or less. TRACT 3 COMMENCING at a 5/8-inch iron rod with "STANTEC" cap found in the north right-of-way line of Bucees Boulevard (a 66-foot right-of-way); said point also being the most easterly southeast corner of said Lot 17; from said point a 5/8-inch iron rod with "STANTEC" cap found in the said north line of Bucees Boulevard bears North 89°59'59" West, a distance of 57.82 feet; THENCE North 00°00'00" East, departing the said north line of of Bucees Boulevard and along the east line of said Lot 17, a distance of 116.18 feet to a point: THENCE North 90°00'00" West, departing the said east line of Lot 17, a distance of 15.00 feet to the POINT OF BEGINNING; THENCE North 90�00'00" West, a distance of 15.00 feet to a point for corner; THENCE North 0°00'00" East, a distance of 44.03 feet to a point for corner; THENCE North 90°00'00" East, a distance of 15.00 feet to a point for corner; THENCE South 0°00'00" West, a distance of 44.03 feet to the POINT OF BEGINNING and containing 660 square feet or 0.0152 acres of land, more or less. EASEMENT ENCROACHMENT PART LOT 17, BLOCK 3 CHAMPIONSHIP PARKWAY RUFUS DANIEL SURVEY, ABSTRACT NO. 362 CITY OF FORT WORTH DENTON COUNTY, TEXAS PADILLA. CAELAN 4/21/2021 4:19 PM 311100-CHAMPIONSHIP HOPEWEIL LOT 17 ESMT ENCROACHMENT.DWG TRACT 4 COMMENCING at a 5/8-inch iron rod with "STANTEC" cap found in the north right-of-way line of Bucees Boulevard (a 66-foot right-of-way); said point also being the most easterly southeast corner of said Lot 17; from said point a 5/8-inch iron rod with "STANTEC" cap found in the said north line of Bucees Boulevard bears North 89°59'59" West, a distance of 57.82 feet; THENCE North 00°00'00" East, departing the said north line of of Bucees Boulevard and along the east line of said Lot 17, a distance of 36.26 feet to a point: THENCE North 90°00'00" West, departing the said east line of Lot 17, a distance of 15.00 feet to the POINT OF BEGINNING; THENCE North 90°00'00" West, a distance of 15.00 feet to a point for corner; THENCE North 0°00'00" East, a distance of 15.03 feet to a point for corner; THENCE South 90°00'00" East, a distance of 15.00 feet to a point for corner; THENCE South 0�00'00" West, a distance of 15.03 feet to the POINT OF BEGINNING and containing 226 square feet or 0.0052 acres of land, more or less. NOTES Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202). A survey plat of even survey date herewith accompanies this metes & bounds description. The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the encroachment tract. EASEMENT ENCROACHMENT < -� �/i,lz � " ICHAEL C. BILLINGSLEY REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6558 � 801 CHERRY STREET, UNIT 11 SUITE 1300 FORT WORTH, TEXAS 76102 PH. 817-335-6511 michael.billingsley@kimley-horn.com PADILLA 311100-CHAMPIONSHIP PART LOT 17, BLOCK 3 CHAMPIONSHIP PARKWAY RUFUS DANIEL SURVEY, ABSTRACT NO. 362 CITY OF FORT WORTH DENTON COUNTY, TEXAS 17_ESMT ENCROACHMENT.DWG i- Q � Yr � � Q �- � o _ � � _ � 2 W � � Z � � �� 0 � � � N � v Q _ U 5/8"IRSC "KHA" (C.M.) P.O.C. NORTH � 20 40 GRAPHIC SCALE IN FEET LEGEND P.O.C. = POINT OF COMMENCING I P.O.B. = POINT OF BEGINNING IRSC = IRON ROD W/CAP SET C.M. = CONTROLLING MONUMENTI NOTES LOT 18, BLOCK 3 CHAMPIONS CIRCLE ADDITION (INST. NO. 2020-103) L1 L3 LRIC CHAMPIONS CENTER, LP. (INST. NO. 2016-48531) I P.O. B. i - — — — — — — — — — — — — — 5/8"IRSC — — — �KHA" (C.M.) �J N90°00'00"E 305.54' J — — — — — — — — — — — — — — — — — — — — — — �—TRACT 1 N9o�oo�oo��E EASEMENT L25'WATER& 2s.s4' WASTEWATER EASEMENT ENCROACHMENT (INST. NO. 2020-103) 0.0024 ACRES 106 SQ. FT. LOT 17, BLOCK 3 CHAMPIONS CIRCLE ADDITION (INST. NO. 2020-103) TX CHAMPIONS INDUSTRIAL LP (INST. NO. 2021-8624) Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202). A metes & bounds description of even survey date herewith accompanies this survey plat. The undersigned, Registered Professional Land Surveyor, hereby certifies that this plat of survey accurately sets out the metes and bounds of the encroachment tract. c � � 2 i t- MICHAEL C. BILLINGSLEY REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6558 � 801 CHERRY STREET, UNIT 11 SUITE 1300 FORT WORTH, TEXAS 76102 PH. 817-335-6511 michael.billingsley@kimley-horn.com PADILLA. CAELAN 4/21/2021 4:19 PM EASEMENT ENCROACHMENT PART OF LOT 17, BLOCK 3 CHAMPIONSHIP PARKWAY RUFUS DANIEL SURVEY, ABSTRACT NO. 362 CITY OF FORT WORTH DENTON COUNTY, TEXAS 311100-CHAMPIONSHIP HOPEWELL LOT 17 ESMT LOT 8-R, BLOCK 3 CHAMPIONS CIRCLE ADDITION _ _ (INST. NO. 2018-31) XF (C.M.) • - - - - - - - - - - - - - - - - - - � TRACT 2 I L9 EASEMENT � ENCROACHMENT L7 I 0.0045 ACRES � I 195 SQ. FT. � I I � PERMANENT WATER-SEWER I FACILITY EASEMENT � I CITY OF FORT WORTH I (INST. NO. 2016-90903) I ( i LOT 17, BLOCK 3 � I CHAMPIONS CIRCLE ADDITION � I (INST. NO. 2020-103) � I TX CHAMPIONS INDUSTRIAL LP � I NORTH (INST. NO. 2021-8624) � � � I 0 20 40 15' PERMANENT WATER ( FACILITY EASEMENT I CITY OF FORT WORTH I GRAPHIC SCALE IN FEET (INST. NO. 2016-90899) I I LEGEND I I P.O.C. = POINT OF COMMENCING P.O.B. = POINT OF BEGINNING IRSC = IRON ROD W/CAP SET C.M. = CONTROLLING MONUMENT � LOT 9, BLOCK 3 I CHAMPIONS CIRCLE ADDITION (INST. NO. 2016-2082 & I _ _ INST. NO. 2017-3323) _ _ � N89°57'57"W 17.50' �XF (C.M.) J P.O.C. ' • : LOT 16, BLOCK 3 CHAMPIONS CIRCLE ADDITION (INST. NO. 2016-2082 & � INST. NO. 2017-3323) I EASEMENT ENCROACHMENT PART OF LOT 17, BLOCK 3 CHAMPIONSHIP PARKWAY RUFUS DANIEL SURVEY, ABSTRACT NO. 362 CITY OF FORT WORTH DENTON COUNTY, TEXAS PADILLA. CAELAN 4/21/2021 4:19 PM K:\FTW SURVE11061311100-CHAMPIONSH TRACT 3 EASEMENT ENCROACHMENT 0.0152 ACRES 660 SQ. FT. LOT 17, BLOCK 3 CHAMPIONS CIRCLE ADDITION (INST. NO. 2020-103) TX CHAMPIONS INDUSTRIAL LP L12 (INST. NO. 2021-8624) I�.O. �. _ r TRACT 4 EASEMENT ENCROACHMENT 0.0052 ACRES 226 SQ. FT. NORTH � 20 40 GRAPHIC SCALE IN FEET LEGEND i � I I I 15'PERMANENT WATER FACILITY EASEMENT CITY OF FORT WORTH I L14 � (INST. NO. 2016-90899) I M tf7 J J I I I I I I , L19 � J "' LOT 16, BLOCK 3 CHAMPIONS CIRCLE ADDITION (INST. NO. 2016-2082 & � INST. NO. 2017-3323) I � � W a 0 o �o N o J Z L17� i L16 P.O. B. I i � I I N 5/8" IRFC I `�'' "STANTEC" � (C.M.) —� — — — • S89°59'59"W 57.82' i � 5/8" IRFC / "STANTEC" (C.M.) P . O . C . BUCEES BOULEVARD P.O.C. = POINT OF COMMENCING (66-FOOT WIDE RIGHT-OF-WAY) (INST. NO. 2016-1) P.O.B. = POINT OF BEGINNING IRSC = IRON ROD W/CAP SET C.M. = CONTROLLING MONUMENT LINE TABLE NO. BEARING LENGTH L1 N90°00'00"E 12.50' L2 S00°00'00"E 8.50' L3 N90°00'00"W 12.50' L4 N00°00'00"E 8.50' L5 S00°00'00"E 18.52' L6 N90°00'00"W 15.00' V N89°57'33"W 15.00' L8 N00°00'00"E 13.00' L9 S89°57'33"E 15.00' L10 S00°00'00"E 13.00' PADILLA. 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