HomeMy WebLinkAboutContract 56832 Date Received: 12/13/2021 Permit Number: PN21-00085
Time Received: 4:49 pm City Secretary No: 56832
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
HER 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 TAVOLO PARK TH, LLC, a Texas limited liability company
("Licensee"), acting by and through its duly authorized President.
RECITALS
WHEREAS, Licensee is the owner of the real property located at southeast corner of
Harris Parkway and Candlehill Lane, Fort Worth, Texas 76132 ("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, sanitary sewer easement, and water and
sanitary sewer 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
Tarrant County as plat number FP-21-090; 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
drainage pipe(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 further infringe in or on the Public Property
beyond what is specifically described in Exhibit "C."
OFFICIAL RECORD
Tier ii Easement Encroachment Agreement
PN21-00085 pCITY SECRETARY
FT.WORTH, TX
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 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.
Tier TT Easement Encroachment Agreement Page 2 of 14
PN21-00085 Revised 11/2020
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 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 ALLEGED
Tier TT Easement Encroachment Agreement Page 3 of 14
PN21-00085 Revised 11/2020
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.
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.
Tier TT Easement Encroachment Agreement Page 4 of 14
PN21-00085 Revised 11/2020
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.
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
Tier TT Easement Encroachment Agreement Page 5 of 14
PN21-00085 Revised 11/2020
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 TT Easement Encroachment Agreement Page 6 of 14
PN21-00085 Revised 11/2020
City: Licensee:
CITY OF FORT WORTH TAVOLO PARK TH, LLC
&E— By: BR Partners, Ltd., a Texas limited
By: DJ Ha 8,202113:19 CST)
partnership
D.J. Harrell, Director of the its Managing Member
Development Services Department By: BR GP, LLC, a Texas limited liability
company its General P
Date: Dec 8,2021 --�-
By:
Name: Bryan A. Robertson Title:
Manager
aqOR Date 11/02/2021
pp�FoF 0000 0�"
00
�d
oo
ATTEST: �P 0Y *�d Approved As To Form and Legality
aa4tt hEXpSbAG
� ur�tte-s � 7�CG G
Jannette S.Goodall(Dec 13,202115:36 CST)
Jannette Goodall, City Thornas Royce Hansen
Secretary Assistant City Attorney
Ordinance No. 24 1 6 1-04-2020
Date: Dec 13,2021 Date: Dec 8,2021
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.
Evelyn Roberts on beha f of
Evelyn Roberts on behalf of(Dec 8,202111:34 CST)
Janie S. Morales
Development Services
Date: Dec 8,2021
Tier 11 Easement Encroachment Agreement Page 7 OFFICIAL RECORD
PN21-00085 Revised 1 I CITY SECRETARY
FT.WORTH, TX
***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 9th day of December ,
2021
Wendy L. Digitally signed by WendyL. oc�RYP(ie/ WENDY L LEE
Public 2 � Notary Public
Beardslee * ,r STATE OF TEXAS
Bea rd s I ee Date:2021.12.09 11:07:43-06'00' P Notary I.D. 13323719-3
� oF Notary Public in and for the State of Texas My Comm. Exp. July 28, 2025
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Tier ii Easement Encroachment Agreement Page 9 of 14
PN21-00085 Revised 11/2020
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 Bryan A. Robertson, President, 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 Tavolo Park TH,LLC, a limited liability company,and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2nd day of
November , 2021.
WWSERLY
OAYLE
Notary Public,State of Texas
Notary (bliin and for the a, y My Commission Explros
June 16,2o25
State f Texas '�f "" NOTARY ID 1OW67g 2
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Tier II Easement Encroachment Agreement Page 10 of 14
PN21-00085 Revised 11/2020
EXHIBIT A
Legal Description of the Licensee's
Property
Tier TT Easement Encroachment Agreement Page 1 1 of 14
PN21-00085 Revised 11/2020
EXHIBIT A
TO
SPECIAL WARRANTY DEED
PROPERTY
BEING A TRACT OF LAND SITUATED IN THE J. HEATH SURVEY, ABSTRACT NUMBER 641,
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS AND BEING A PORTION OF THAT
TRACT OF LAND DESCRIBED BY DEED TO PATE RANCH COMMERCIAL,LP,RECORDED IN
INSTRUMENT NUMBER D215248527, COUNTY RECORDS, TARRANT COUNTY, TEXAS, AND
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 5/8 INCH IRON FOUND WITH PLASTIC CAP STAMPED 'DUNAWAY'
FOUND AT THE MOST NORTHERLY NORTHEAST CORNER OF SAID PATE RANCH
COMMERCIAL TRACT AND THE NORTH END OF A CORNER CLIP, IN THE SOUTH LINE OF
CANDLEHILL LANE (66 FOOT RIGHT-OF-WAY) RECORDED IN INSTRUMENT NUMBER
D218030065, SAID COUNTY RECORDS;
THENCE S 57024'50"E, 14.60 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED
"PELOTON", SET AT THE SOUTH END OF SAID CORNER CLIP,IN THE WEST RIGHT-OF-WAY
OF HARRIS PARKWAY (AN 80 FOOT RIGHT-OF-WAY) RECORDED IN INSTRUMENT
NUMBER D218030065 SAID COUNTY RECORDS, AT THE BEGINNING OF A NON-TANGENT
CURVE TO THE LEFT;
THENCE WITH THE EAST LINE OF SAID PATE RANCH COMMERCIAL TRACT AND SAID
WEST RIGHT-OF-WAY LINE THE FOLLOWING COURSES AND DISTANCES:
WITH SAID NON-TANGENT CURVE TO THE LEFT, AT AN ARC DISTANCE OF 62.37
FEET, THE NORTHWEST CORNER OF HARRIS PARKWAY (80 FOOT RIGHT-OF-WAY),
AS RECORDED IN INSTRUMENT NUMBER D220133501, SAID COUNTY RECORDS, IN
ALL, A TOTAL ARC DISTANCE OF 269.81 FEET, THROUGH A CENTRAL ANGLE OF
26°39'13", HAVING A RADIUS OF 580.00 FEET, THE LONG CHORD WHICH BEARS S
28006'31"E, 267.39 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED
"PELOTON", SET;
S 41026'04"E, 28.03 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED
"PELOTON", SET AT THE BEGINNING OF A CURVE TO THE RIGHT;
WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 96.82 FEET, THROUGH A
CENTRAL ANGLE OF 11005'39", HAVING A RADIUS OF 500.00 FEET, THE LONG
CHORD WHICH BEARS S 35053'14"E, 96.66 FEET TO A 5/8 INCH IRON ROD WITH
PLASTIC CAP STAMPED "PELOTON", SET AT THE SOUTHEAST CORNER OF SAID
PATE RANCH COMMERCIAL TRACT AND THE NORTHEAST CORNER OF THAT
TRACT OF LAND DESCRIBED BY DEED TO PATE RANCH SINGLE FAMILY, LP,
RECORDED IN INSTRUMENT NUMBER D215248528, SAID COUNTY RECORDS;
THENCE N 88010'20"W, 1334.57 FEET, WITH THE SOUTH LINE OF SAID PATE RANCH
COMMERCIAL TRACT, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED
'DUNAWAY'FOUND AT THE NORTHWEST CORNER OF LOT 28X, BLOCK 11, TAVOLO PARK,
AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, ACCORDING
SPECIAL WARRANTY DEED
EXHIBIT A
PAGE 1
TO THE PLAT RECORDED IN INSTRUMENT NUMBER D218030065, SAID COUNTY RECORDS,
AND BEING IN THE EAST LINE OF PRAIRIESIDE DRIVE(50 FOOT RIGHT-OF-WAY),
RECORDED IN INSTRUMENT NUMBER D218030065, SAID COUNTY RECORDS;
THENCE N 01°10'20"W, 21.03 FEET, WITH SAID EAST RIGHT-OF-WAY LINE, TO THE
BEGINNING OF A CURVE TO THE LEFT AND FROM WHICH A LEANING 5/8 INCH IRON
FOUND BEARS S 14 35'04"W,0.48 FEET;
THENCE WITH SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 185.33 FEET,THROUGH A
CENTRAL ANGLE OF 32040'22", HAVING A RADIUS OF 325.00 FEET, THE LONG CHORD
WHICH BEARS N 17030'32"W, 182.83 FEET, TO A 5/8 INCH IRON WITH PLASTIC CAP
STAMPED 'DUNAWAY' FOUND AT THE MOST WESTERLY NORTHWEST CORNER OF SAID
PATE RANCH COMMERCIAL TRACT AND THE SOUTH END OF A CORNER CLIP, IN SAID
EAST RIGHT-OF-WAY LINE AND THE AFOREMENTIONED SOUTH LINE OF CANDLEHILL
LANE(A 66 FOOT RIGHT-OF-WAY);
THENCE N 0503P23"E, 15.26 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED
"DUNAWAY" FOUND AT THE NORTH END OF SAID CORNER CLIP;
THENCE WITH THE NORTH LINE OF SAID PATE RANCH COMMERCIAL TRACT AND THE
SAID SOUTH RIGHT-OF-WAY LINE THE FOLLOWING COURSES AND DISTANCES:
N 45°46'24"E, 20.19 FEET, TO A 5/8 INCH IRON FOUND AT THE BEGINNING OF A
CURVE TO THE RIGHT;
WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 214.61 FEET, THROUGH A
CENTRAL ANGLE OF 46003'13", HAVING A RADIUS OF 267.00 FEET, THE LONG
CHORD WHICH BEARS N 68°48'02"E, 208.88 FEET,TO A 5/8 INCH IRON FOUND;
S 88010'20"E, 765.17 FEET, TO A 5/8 INCH IRON WITH PLASTIC CAP STAMPED
'DUNAWAY'FOUND AT THE BEGINNING OF A CURVE TO THE LEFT;
WITH SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 114.97 FEET, THROUGH A
CENTRAL ANGLE OF 12021'33", HAVING A RADIUS OF 533.00 FEET, THE LONG
CHORD WHICH BEARS N 85038'54"E, 114.75 FEET,TO A 5/8 INCH IRON WITH PLASTIC
CAP STAMPED'DUNAWAY'FOUND;
THENCE N 79028'07"E, 87.43 FEET, TO THE POINT OF BEGINNING AND CONTAINING 379,252
SQUARE FEET OR 8.706 ACRES OF LAND MORE OR LESS.
SPECIAL WARRANTY DEED
ExxtsiT A
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EXHIBIT B
Depiction of the Public Property
Tier TT Easement Encroachment Agreement Page 12 of 14
PN21-00085 Revised 11/2020
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Depiction and description of the Encroachment
Tier TT Easement Encroachment Agreement Page 13 of 14
PN21-00085 Revised 11/2020
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TAVOLD PARK TOWNHDMES --
Description of an Easement Encroachment
Crossing#1
BEING a tract of land situated in the J. Heath Survey, Abstract Number 641,City of Fort Worth,
Tarrant County, Texas,being a portion of Lot 1 X, Block 9, Tavolo Park Townhom.es, an addition to
the City of Fort Worth, Tarrant County, Texas,by plat recorded in Instrument Number D221277788,
County Records,Tarrant County, Texas, and being more particularly described by metes and bounds
as follows:
COMMENCING at the northeast corner of Lot 5X,Block 1, of said Tavolo Park Townhomes and
the southeast corner of Lot 6, said Block 1;
THENCE S 62001'52"E, 7.80 feet, over and across said Lot 1X, Block 9,to the POINT OF
BEGINNING;
THENCE continuing over and across said Lot IX,Block 9,the following bearings and distances:
S 88010'20"E, 25.00 feet;
S 01 049'40"W,4.00 feet;
N 88°I0'20"W,25.00 feet;
THENCE N 01 049'40"E,4.00 feet to the Point of Beginning and containing 100 square feet of land
more or less.
"Integral parts of this document"
1.Description
2.Exhibit
Peloton Job No.BAR2000i
Ft.Worth October 0 5.2021
G:UOBIBAR20001_TAVOLO_TOWNHOMESIMASTERDEVI_SURIEASEMENTSILEGALSISAR20001_EAI.DOCX Page 1 of
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0 o C7 CD FT] 29 P QE & EAE UI V D ---------- -••--'-----•---'-••------•--'-••---'--
0 Inst.' 0221277738 p p Water & Sanitary Sewer Esmt.
:� t�+i CR.T.C.T. Inst.' D221277788
Q < - CR.T.C.T.
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imi- LAND SOLUTIONS
9W WORTH-
-TEXA 76177 P A617.SUITE 25p J06# BAR20001 DRAWN BY: T$R CHECKED.BY: DATE: 1"-2021 PAGE# 2 of 2
FORT WOi27H-TFXA576177 PH.#Bf7.562-3350
GtiJ ♦ AR2 001_'Fprolo_TvxMpmes\Mcs[er erg_Sur\Eosemenls�6 2 1_EA1-�gn IMODELNAMEs 101512021 11=?9;6 AM
Description of an Easement Encroachment
Crossing#2
BEING a tract of land situated in the J. Heath Survey, Abstract Number 641, City of Fort Worth,
Tarrant County, Texas,being a portion of Lot 1 X, Block 9,Tavolo Park Townhomes, an addition
to the City of Fort Worth, Tarrant County,Texas, by plat recorded in Instrument Number
D221277788, County Records, Tarrant County, Texas, and being more particularly described by
metes and hounds as follows:
COMMENCING at the northwest comer of Lot 7, Block 8, said Tavolo Park Townhomes and
the northerly northeast corner of Lot 1 X, said Block 8;
THENCE N 88010'20"W, 2.00 feet, with the north line of said Lot 1X, Block 8;
THENCE N 01°49'40"E, 24.56 feet, departing said north line, to the POINT OF
BEGINNING;
THENCE over and across said Lot 1X, Block 9, the following bearings and distances:
N 88010'20"W, 15.00 feet;
N 01 049'40"E, 4.00 feet,to the south line of Tuscan Lane(a 29 foot public and
emergency access easement);
THENCE S 88010'20"E, 15.00 feet,with the south line of said access easement;
THENCE S 01 049'40"W, 4.00 feet, to the Point of Beginning and containing 60 square feet of
land more or less.
"Integral parts of this document"
1. Description
2.Exhibit
Feloton Job No.BAR20WI
Ft.Worth October05,2021
G:UOB1BAR20001_TAVOLp_TOWNHOMESWIASTERDEV1 SURIEASEMENTSILEGALSiBAR20001_EAIDOCX Page 1 of
a)
LINE TABLE "Integralports of this document"
1. Description
2. Exhibit
L1 N 88" 10'20 'W 2.00'
L2 N 880 10'20"W 15.00' Basis of Bearing is the Texas
" Coordinate System North Centrci
. Q 20 40 L3 N 01' 49'40"E 4.00' Zane 4202, NAD 83
L4 S 01" 49'40"W 4.00'
rn, ROC - POINT OF COMMENCING
GRAPHIC SCALE IN FEET Poe - POINT OF BEGINNING
p S.S.E. y SANITARY SEWER ESNIT.
_o
V
V
V
D
6
Block 2
Tovolo Park Townhornes
Inst." D221277788
C-R.T.C.T.
I j �
I I I I
— L--------
Tuscan Lane
Public Access & Emergency Access Esmt. Lot 1X. Block 9
Wafer Esmt.& 55.E. ln51." Q221277788 C.R.T.G.T. Tovolo Park Townhomes
Inst." D22J2777$8 •--- -- (Private Open Space)
Inst-* D221277788
C.R.T.C.T.
—`: —_.— __ _ �--__ _ __ S88° 10'20"E x __ _ ___—�„_4 ..C.T.
— -- ----_�__ 15.00' _
L3 60 Sq.Ft. L4 ---
Lot 1X, Block 9 L2 P�B
Tovolo Park Townhomes
(Private Open Space) ! �,
Inst.• D221277788 + m Ln
C.R.T.C.T. _ #
° N
�� 1+ 1 XPOC
PAS N� 7
l�
T —-— -----.—._ _._._,i Vi4( I
... ...�
494
Exhibit of on
Easement Encroachment
Crossing #2
' _�_ P E LOTO N
Situated In the J- Heath Survey, Abstract Number 641
1 LAND SOLUTIONS City of Fort Worth, Tarrant County, Texas
"00 HI.LWOOD PARKWAY.SUITE 250 Mpg# aAr�zaoo1 DRAWN BY. TBR CHECKED BY: DATE: 10.4-2021 PAGE# 2 of 2
FORT WORTH.TEAS 76177 PH.#817.562.7354
G=\JOB\BAR 20001_T ovoio_T owmomes\Mos k er Derr_Sur Aosem en t s\BAR 2 0001_E A2.ogn SMODELNAMEY 10/5/2021 11:15:53 AM
Description of an Easement Encroachment
Crossing#3
BEING a tract of land situated in the J. Heath Survey, Abstract Number 641, City of Fort Worth,
Tarrant County,Texas,being a portion of Lot 1 X, Block 9,Tavolo Park Townhomes, an addition to
the City of Fort Worth,Tarrant County,Texas, by plat recorded in Instrument Number D221277788,
County Records,Tarrant County, Texas,and being more particularly described by metes and bounds
as follows:
COMMENCING at the northwest corner of Lot 6, Block 7, said Tavoio Park Townhomes and being
in the east line of Tabella Place(a 24 foot public&emergency access easement);
THENCE N 01 049'40"E,24.56 feet, over and across said Lot 1 X, Block 9,to the POINT OF
BEGINNING;
THENCE continuing over and across said Lot i X,Block 9, the following bearings and distances:
N 88°10'20"W, 15.00 feet;
N 01°49'40"E,4.00 feet
S 88010'20"E, 15.00 feet;
THENCE S 01049'40"W,4.00 feet,to the Point of Beginning and containing 60 square feet of land
more or less.
"Integral parts of this document"
1. Description
2. Exhibit
Peloton Job No.BAR20001
Ft.Worth October 05,2021
G:VOH\HAR2000I-TAVGLO TOWNHOMES\MASTERDEVI_SURTASEMENTSILEGALSIBAR2000I-EA3.DOCX Page l of 2
ti
LINE TABLE "Integralports of this document"
1- Description
2. Exhibit
L1 N 880 10'20"W 15.00'
L2 N 010 49'40"E 4.00' Basis of Bearing is the Texas
-r Coordinate System North Central
40 L3 S 880 10'20"E 15.00' Zone 4202, NAD 83
L4 S 01° 49'40"W 4.00'
C, 1 POC POINT OF COMMENCING
7 GRAPHIC SCALE IN FEET POB = POINT OF BEGINNING
Q SSE = SANITARY SEWER ESMT.
o' PAE PUBLIC ACCESS ESMT-
EAE • EMERGENCY ACCESS ESMT,
-v
0
0
Block 2
Tavolo Pork Townhome.s
Inst.* D221277788
C.�2.T.C.T.
� � 1
I � 1
r
Lot 1X, Block 9 Water Esmt.& 55�
Tavalo Park Tawnhomes lnst." ❑221277788
(Private Open Space) C.R.T.C.T. Tuscan Lane
Inst." D221277788 -- ---- _
C.R.T.C.T.
29`PAE & EAE
Inst.' D221277788 C.R.T-.C.T.
9 L2 6,7L
�-
�a�ola ��rQpen �7 g , POB
Lot 1X, Block 9
tPi}uot Q 212� Water Esmt. + I Tovolo Park Townhomes
I.G Inst.' D221277788 i (Private Open Sp:ace)
C.R.TC.T, ' Inst." D221277788
" a C C.R.T.C.T.
I -—_.—-—-—-—-
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4940Exhibit of an
n
Easement Encroachment
P E LOTIO N Crossing #3
•• Situated in the J. Heath Survey, Abstract Number 541
LAND SOLUTIONS City of Fort Worth, Tarrant County, Texas
8W µ H.TeXO PARKWAY,SUITE817-258 JOB# BAR20001 DRAWN BY: TBRt CHECKED BY: GATE: 10-4-2021 PAGE# 2 of 2
FORT WORTH.TF_%A5 7&177 PFf.N 877.562.3350
G�Ja6�8AR20401_ ❑va!o_ awnhomes�MosSBr7e�L_Sur�Easem ents BAR20001-EA,3-4gn iMppELNAMES tO/5/2021. 13=21:35 AM
Description of an Easement Encroachment
Crossing#4
BEING a tract of land situated in the J. Heath Survey, Abstract Number 641,City of Fort Worth,
Tarrant County,Texas, being a portion of Lot 1X, Block 9,Tavolo Park Townhomes, an addition to
the City of Fort Worth,Tarrant County, Texas,by plat recorded in Instrument Number D221277788,
County Records,Tarrant County, Texas,and being more particularly described by metes and bounds
as follows.
COMMENCING at the northerly northeast corner of Lot I X, Block 7, said Tavolo Park
Townhomes and the northwest corner of Lot 7, said Block 7;
THENCE N 88010'20"W, 2.00 feet, with the north line of said Lot 1X, Block 7;
THENCE N 01°49'40"E, 24.56 feet, departing said north line,to the POINT OF BEGINNING;
THENCE N 88010'20"W, 15.00 feet;
THENCE N 01 049'40"E,4.00 feet,to the south line of Tuscan Lane(a 29 foot public and
emergency access easement);
THENCE S 88010'20"E, 15.00 feet,with said south easement line;
THENCE S 01°49'40"W,4.00 feet, to the Point of Beginning and containing 60 square feet of land
more or less.
"Integral parts of this document"
1. Description
2.Exhibit
Peloton Job No.BAft20001
Ft.Worth October fly.2021
GAIMBAR20001_TAVOLQ_TOWNHOMES\MASTERDEVI_SURTASEMENTSILEGALSIBAR20001_EA4.D0CX Page I of 2
"Integrol parts of this document"
r- LINE SABLE 1.Description
T 2. Exhibit
L1 N 88" 10'20"W 2.00' Basis of Bearing is the Texos
L2 N 880 10'20"W 15.00' Coordinate System North Central
� 0 20 40 L3 N 010 49'40"E 4.00' Zone 4202, NAp 83
rtl
L4 S 880 10'20"E 15.00' POC - POINT OF COMMENCING
o GRAPHIC SCALE IN FEET L5 S 010 49'40"W 4.00' POB POINTSANIT O BEGINNINGSE SSEESAIT.
PAE PUBLIC ACCESS ESMT.
v EAE - EMERGENCY ACCESS ESMT.
V
4 Block 2
Tavolo Park Townhornes
Inst.* D2 2 12 7 7 758
f C.R.T.C.T.
r - �- + r
1 r . r� �l ri r-4— i
Lot 1x, Block 9
Tavol❑ Park Townhomes
(Privote Open Space) ----- --•--••-- ... ...... Tuscan Lane
Inst.* D2.21277788 Water Esmt.& SSE
C..R.T.C..T. Inst. D221277788 29'PAE & EAE
Inst.° ❑221277768 C-R.T.C.T.
�_.— -- --- ———
---- ------`-------
L3 iaa Sq.Ft. L5 �-------_—_—_�-------
\_at 17C,Bj o*g6�e)� L 2 POB
�a,�oloa�e(ppen�?g,8 I NC 49'40"E
tF Osk . D21 . 15'SSE 24.56'
ln5 ' C•R G 10,V-# p221277785
CR.T.C,7 L 1
f
t f Poc
l � 1x �
--.--------- - _ - - - - -
a 'E.•��ST�
t
. .
g T00D.A•BRfQGwS
4940
a 'tifi��c1L?
r 3iJit
o "
N
Exhibit of an
Easement Encroachment
_= P E L�T� N crossing #4
Situated to the ,]- Heath Survey, Abstroet Number 641
Cityof Fort Worth, Tarrant Count Texas
III ! LAND SOLUTIONSy'
9800 HILLWOOO PARKWAY.SLATE 250 JOB# BAR20001 DRAWN BY: TBR CHECKED BY; DATE: 10-4-2021 PAGE# 2 of 2
FORT WORTH.TEMS 76177 PE1.p 817-"2.3350
G:IJOB\SAR2 0 1_I avolo-T own homes',Uos[er De, -Sur 1,E ose me n ts\BAR 20041_E A4•dgn $MODELNAVES 10/5/2021 s 6=05 PM
Description of an Easement Encroachment
Crossing#5
BEING a tract of land situated in the J. Heath Survey, Abstract Number 641,City of Fort Worth,
Tarrant County, Texas,being a portion of Lot 1 X, Block 9,Tavolo Park Townhomes, an addition to
the City of Fort Worth, Tarrant County,Texas,by plat recorded in Instrument Number D221277788,
County Records, Tarrant County, Texas, and being more particularly described by metes and bounds
as follows:
COMMENCING at the northwest corner of Lot 6,Block 6, said Tavolo Park Townhomes and being
in the east line of Rosetta Drive (a 24 foot public and emergency access easement);
THENCE N 01 049'40"E, 24.81 feet, over and across said Lot I X, Block 9,to the POINT OF
BEGINNING;
THENCE N 88010'20"W, 15.00 feet;
THENCE N 01049'40"E,3.50 feet
THENCE S 88010'20"E, 15.00 feet;
THENCE S 01 049'40"W,3.50 feet, to the Paint of Beginning and containing 53 square feet of land
more or less,
"Integral parts of this document"
1.Description
2.Exhibit
Peloton Job No.BAR20001
Ft.worth October 05,2021
G:\EOB18AR24001_TAVOLO TOWNHOMESIMASTERI)EVI_SURIEASEMENTS1LEGALs1BAR20001_EA5.DOCX Page 1 of2
H
"Integral ports of this document"
LINE TABLE 7. Description
2. Exhibit
N L1 N 880 10`20"W 15.00' Basis of Beoring is the Texas
L2 N 010 49'40"E �0, Coordinale System North Central
Q 20 40 L3 5 88° 10'20"E 15.00` zone 4202, NA0 83
GRAPHIC SCALE IN FEET L4 S 010 49'40"W 3.50' POC - POINT QE COMMENCING
POB = POINT OF BEGINNING
SSE = SANITARY SEWER ESMT-
PAE PUBLIC ACCESS ESMT,
Block 2
f EAE EIVERGENCY ACCESS ESMT.
Tavol❑ Park Townhomes
CD Inst.* D221277788 J ` Black 3
C.R.T.C.T. Tovolo Park Townhomes
Water Esmt.& S5E
'. lnst.• 77788
Inst." O221277788 C.R.T.C.T.1 ,T.0 J.
Lot 1X, Block 9
Tovolo Pork Townhomes
•-- - -- -- (Private Open Space) ....... . Tuscan_ Lane
Inst." D221277788 2-1Y PAE & EAE
C.R.T.C.T. Inst.' D2212777a8 C.R.r.C,T.
L3 ————————————————————
L2 53 SQ.Ft. L4 ----_---
�� ; L1 �-
Lot K Block 9 i PCB
T avolo Park Townhomes
I � � '� Lot 1x, Block 9
(Private Open Space) �� I CD Tovolo Pork Townhomes
Inst., D221277788 j ' (Private Open Space)
C.R.T.C.T, I Ins(." D221277788
I N ^� C-R-T.C.T-
CD
—J
I 1
7 i ; P4C
€� I Lww
n
8 0
a �
1 I I Water Esmt.
I-•`��— Mst.' D221277788
w _1
J__-�- -- f C.RT C.r.
NJ 4
a _ _
�Tqd#-- A. 6RID6r_-8
..s •� y r 4940 ..
4 :Q L J
� pyd �$
N V Exhibit of an
Easement Encroachment
Crossing *5
P E LOTO N Situated in the J. Heath Survey, Abstract Number 641
City of Fort Worth, Tarront County, Texas
Jill LAND SOLUTIONS
913oQH1u woad 715177 P _ TE 253 joB# BAR20001 pFZAWN BY: 7BFi CHECKED BY: DATE: 10-5-2021 PAGE# 2 of 2
P03iT!;11.H TE%q$76177 PH_ 617.562.3359
G:\JOO\B 0093_ ovofo_Tow nn n m a s\Muster Der\_Sur\EGsemen Ls\BAR 20001_E A5-dgn %V00£tNAME% 10/5/2021 12:34'58 flu
Description of an Easement Encroachment
Crossing#6
BEING a tract of land situated in the J. Heath Survey, Abstract Number 641,City of Fort Worth,
Tarrant County,Texas, being a portion of Lot 1 X, Block 9, Tavolo Park Townhomes, an addition to
the City of Fort Worth,Tarrant County, Texas,by plat recorded in lnsu=ent Number D221277788,
County Records,Tarrant County,Texas, and being more particularly described by metes and bounds
as follows:
COMMENCING at the northeast comer of Lot 1X, Block 6, said Tavolo Park Townhomes and the
northwest comer of Lot 7,said Block 6;
THENCE N 88010'20"W,2.00 feet, with the north line ❑f said Lot i X, Block 6;
THENCE N O1°49'40"E,24.81 feet, departing said north line;
THENCE N 88010'20"W, 15.00 feet;
THENCE N 01°49'40"E, 3.50 feet,to the south line of Tuscan Lane(a 29 foot public and
emergency access easement);
THENCE S 88010'20"E, 15.00 feet, with said south line of Tuscan Lane;
THENCE S 01049'40"W,3.50 feet,to the Point of Beginning and containing 53 square feet of land
more or less.
"Integral parts of this document"
1. Description
2.Exhibit
Pelotan Job No.BAR20001
Ft.Worth October 05,2021
G:VOBIBAR20001_TAVQLO TOWNHOMESIMASTERDEVI SURTASEMENTS\LEGALSIBAR20001_EA6.DOCX Page!of
0 "Integrolparts of this document"
LIME TABLE 1. Description
2. Exhibit
L1 N 88010'20"W 2.00'
`" 1-2 N 88� 10'20"W 15.00' Basis of Bearing is the Texas
L3 N 010 49'40"E 3.50' ZoOned4202.NADe83 North Central
D 40 L4 S 88010'20"E 15.00'
L5 5 010 49'40"W 3.50' POB = POINT of COMMENCING
o GRAPHIC SCALEIN FEET SSF = SANITARY SEWER ESMT.
o PAE PUBLIC ACCESS ESMT.
EAE - EMERGENCY ACCESS ESMI
V
0
d
Block 2
Tavoio Park Townhomes 5V(�V�Y
inst." D221277788 � p,TN
j C.R.T.C.T. J e ��� N.
—.J._ ._
Water Esmt.& SSE
Inst." D221277788
C.R.T.C.T.
Tuscan_ Lane
Lot 1x, Block 9
Tavolo Pork Townhomes 29'FAE & EAE
Inst., D.221277788 Ins " D2212 7 7 7 88 C.R.T.C.T.
-` --- --- --- -- __ C.R,T.C.T.
--- - — -_ ----- ---` 4 4I_'-----_------- - - - -
L3 53 Sq.Ff- L5 -
Lot 1x, Block g L2
Tavolo Park Townhomes I P�� Lot 1x, Block 9
(Private Open Space) Nfli° 49`40"L Tavolo Park p Townphomes
Inst.k D221277788 ' 24 81' (Private Open Space)
C.R.T.C.T. Inst.* D221277788
- -- -- - - �. `.� .�.�. �L1 C.R.T.C.T.
- - - - F- -- - - - -
6 ! f Ix + Poc
n I II
z III � -- — -- — ---- --- —
OF Fp
m
w • Gsr���'s r p�yc'�q�, � I
66 A,.............
B
...494p ¢.
+ I
a _4 0 V
o %��S s t
SIA4
0
2 Exhibit of an
Easement Encroachment
P E LOTO N Crossing , AbstractJ. Number 641
LAND SOLUTIONS City of Fort Worth, Tarrant County, Texas
98W HILLWOOD PARKWAY.SUTE 250 JOB# BAR20001 DRAWN BY: TBIR CHECKED BY; DATE: 10-4-2021 PAGE# 2 of 2
FORT WORTH.TEXAS 76177 PH.9 817-562-3WO
G:\JOB\BAR20001_Tovalo_Townhomes\Master Dev\_5ur\Eosemen[s\6AR 0 01_EA6.dgn 3MODELNAMES !0/5/2021 12-31.39 PM
EXHIBIT D
Certificate of Insurance
Tier TT Easement Encroachment Agreement Page 14 of 14
PN21-00085 Revised 11/2020