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HomeMy WebLinkAboutContract 57197 Date Received: 03/03/2022 Permit Number: PN22-00009 Time Received: 2:23 pm City Secretary No.: 57197 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER 11 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 MCA Litscy Creek Owner, LP, a(n) a Delaware limited partnership ("Licensee"), acting by and through its duly authorized signatory. RECITALS WHEREAS, Licensee is the owner of the real property located at SWC Litsey Road and Endeavor Way, Fort Worth, Texas 76262 ("Property"), being more particularly described in the attached Exhibit "A" which is incorporated herein for all purposes; and WHEREAS, the City owns a drainage and sanitary sewer easements (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 FP21-052; 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 ornamental fences, (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment OFFICIAL RECORD Tier ii Easement Encroachment Agreement PN22-00009 CITY SECRETARY FT.WORTH, TX 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." 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 Tier TT Easement Encroachment Agreement Page 2 of 14 PN22-00009 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. 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. S. 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. Tier TT Easement Encroachment Agreement Page 3 of 14 PN22-00009 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 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 $19000,000 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. Tier TT Easement Encroachment Agreement Page 4 of 14 PN22-00009 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. 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. Tier TT Easement Encroachment Agreement Page 5 of 14 PN22-00009 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 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 Denton 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 Tier TT Easement Encroachment Agreement Page 6 of 14 PN22-00009 [SIGNATURES APPEAR ON FOLLOWING PAGE] Tier TT Easement Encroachment Agreement Page 7 of 14 PN22-00009 City: Licensee: CITY OF FORT WORTH MCA Litsey Creek Owner, LP A Delaware limited partnership By: MCA Litsey Creek GP, LLC A Delaware limited liability company It's general partner By: DJ DJHa�r3,202210:47CST) By: D.J. Harrell, Director of the .J Name: Dudley Simmons Development Services Department Title: Co-President Date: Mar 3,2022 Date: &L 4�, ATTEST: Approved As To Form and Legality ���G�� � � J ette S.Goodall(Mar3,2022 13: ST) Jannette Goodall, Thomas Royce Hansen City Secretary Assistant City Attorney Ordinance No. 24161-04-2020 Date: Mar 3,2022 oo��FpRr���l Date: Mar2,2022 ICY *0000000000 0 oAy ° 0 � � O p� 0�� �Vo a=(� �P o o 4� d� 000000O0000 a Contract Compliance Manager: �EXASo� By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Janie S.Morales Development Services Date: Mar2,2022 OFFICIAL RECORD Tier H Easement Encroachment Agreement PN22-00009 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 3rd day of March , 20 22 Wendy L. Digitally signed by Wendy L.Beardslee YP 6 WENDY L BEARDSLEE Beardslee Date:2022.03.0311:05:03 z Notary Public 06'00' * * STATE OF TEXAS NotaryPublic in and for the State of Texas N�9 DE�� Notary I.D. . July 8, 3 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 PN22-00009 STATE OF TEXAS . § COUNTY OIL T o,J t-S § BEFORE ME, the undersigned authority, a Notary Public in and for the State of !ZX a S on this day personally appeared Dudley Simmons, Co-President (Title) 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 MCA Litsey Creek Owner, LP, a Delaware limited partnership (entity type), and in the capacity therein stated. d1 GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2 day of �,rc],� 20 22 r N tary Pu lic in and for they State o Z X 01 5 JESSICA VILLARREAL _2? A `Notary Public,State of Texas �'�`• Q� Comm.Expires 12-29-2022 Notary ID 125953654 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Tier H Easement Encroachment Agreement Page 10 of 14 PN22-00009 EXHIBIT A Description of the Licensee's Property Tier TT Easement Encroachment Agreement Page 11 of 14 PN22-00009 LIT SEY RD 24'DRAINAGE EXHIBIT B-1 EASEMENT — — — INIL- DRAINAGE- / ESMT / ENCROACHMENT ExHlelrs-2 EXHIBITB-3 / P � I 30'DRAINAGE Q' EASEMENT o� 99 EXHIBIT B-4 I U � l II 111 II I ' 35'SSWR EASEMENT SSWR ESMT II I�EXHIBITB-5 ENCROACHMENT SITE LOCATION MAP N.T.S. SCALE: 1"=8000' PROJECT FORTWORTH, LOCATION OWNER/DEVELOPER: LITSEY CREEK ENGINEER: om MCA LITSEY CREEK OWNERS,LP COTTAGES SITE LOCATION MAP 80 CHERRY STREET 400 S.RECORD ST,SUITE 1200 DALLAS,TX 75202 IPRC RECORD NO IPRC20-0155 FORT SUITE 1390 WORTH.TX 76102 CITY PROJECT NO 103091 ENGINEERING FIRM REGISTRATION#F-928 ENCROACHMENT AGREEMENT AREA LOT 1 , BLOCK 1 , LITSEY CREEK COTTAGES A. ROBINSON SURVEY, ABSTRACT NO. 1119 CITY OF FORT WORTH, DENTON COUNTY, TEXAS PART 1 BEING a tract of land situated in the Archibald Robinson Survey, Abstract No. 1119, City of Fort Worth, Denton County, Texas and being a portion of Lot 1, Block 1 of Litsey Creek Cottages, an addition to the City of Fort Worth, Texas, according to the Plat thereof recorded in Document No. 2021-399, Official Records, Denton County, Texas, (O.R.D.C.T.) and being more particularly described as follows: COMMENCING at a 5/8-inch iron rod with red plastic cap stamped "KHA" found for the most northerly northeast corner of said Lot 1, Block 1, at the northwest corner of a right-of-way clip at the intersection of the south right-of-way line of Litsey Road (a variable width public right-of-way), with the west right-of-way line of Endeavor Parkway (a variable width public right-of-way); THENCE with said west right-of-way line, the following courses and distances: South 45°08'43" East, with said corner clip a distance of 19.91 feet to a 5/8-inch iron rod with red plastic cap stamped "KHA" found for the south corner of said corner clip; South 00°08'43" East, a distance of 288.14 feet to a 5/8-inch iron rod with red plastic cap stamped "KHA" found at the beginning of a tangent curve to the right with a radius of 485.00 feet, a central angle of 15°22'44", and a chord bearing and distance of South 07'32'39"West, 129.79 feet; In a southerly direction, with said tangent curve to the right, an arc distance of 130.18 feet to a POINT OF BEGINNING, being the northeast corner of a Drainage Easement as shown on said plat of Litsey Creek Cottages, and being the point of curvature of said curve to the right with a radius of 485.00 feet, for a central angle of 03°06'22", and a chord bearing and distance of South 16°47'12" West, 26.29 feet; In a southerly direction, with said tangent curve to the right, an arc distance of 26.29 feet to a point for the southeast corner of said Drainage Easement; THENCE over and across said Lot 1, Block 1, with south and southwesterly line of said Drainage Easement, the following courses and distances: NOTES OF T A sketch of even date was prepared to accompany this description. P.CC,ISTEO � Bearing system based on the Texas Coordinate System of 1983, DAVID J. De WEIRDT *.' f North Central Zone(4202), North American Datum of 1983. REGISTERED PROFESSIONAL ...:.......•••••• •• LAND SURVEYOR NO. 5066 DAVID . De DT 13455 NOEL ROAD "' ""' ' "�:: TWO GALLERIA OFFICE TOWER 50 6 Kim1ppoHorn SUITE 700E S S�� 'OlG13455 Noel Road,T T.I.No.(972)770-1300 DALLAS, TEXAS 75240 S'U R v ` Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3820 PH. (972)770-1300 Stele Drawn by Checked by Date Proiect No. Sheet No. david.deweirdt@kimley-horn.com 02/03/2022 N/A EMP DJD Feb.2022 1 067806101 1 1OF6 PFEIL,ERIC 2/3/2022 5:01 PM\\KIMLEY-HORN.COM\TX_DAL2\DAL_SURVEY\067806101-LITSEY CREEK COTTAGE\DWG\LITSEY CREEK COTTAGE_ENCROCHMENTI.DWG ENCROACHMENT AGREEMENT AREA LOT 1 , BLOCK 1 , LITSEY CREEK COTTAGES A. ROBINSON SURVEY, ABSTRACT NO. 1119 CITY OF FORT WORTH, DENTON COUNTY, TEXAS PART 1 continued South 82'42'02" West, a distance of 33.01 feet to a point for corner; North 52'17'58" West, a distance of 307.40 feet to a point for corner; North 32'05'10" West, a distance of 228.99 feet to a point for corner; THENCE North 32'32'55" East, over and across said Lot 1, Block 1, and said Drainage Easement, a distance of 26.56 feet to a point for corner in the northeasterly line of said Drainage Easement; THENCE over and across said Lot 1, Block 1, with said northeasterly line, the following courses and distances: South 32'05'10" East, a distance of 236.09 feet to a point for corner; South 52'17'58" East, a distance of 293.18 feet to a point for corner; North 82'42'02" East, a distance of 33.79 feet to the POINT OF BEGINNING and containing a computed area 13,593 square feet or 0.3120 acres of land. NOTES A sketch of even date was prepared to accompany this description. Bearing system based on the Texas Coordinate System of 1983, North Central Zone(4202), North American Datum of 1983. Ki m ))) Horn 13455 No Road,Two Galleria Office / Tel.No.(972)770-1300 Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3820 Scale I Drawn by I Checked by Date Proiect No. Sheet No. N/A EMP DJD Feb.2022 067806101 2 OF 6 PFEIL,ERIC 2/3/2022 5:01 PM\\KIMLEY-HORN.COM\TX_DAL2\DAL_SURVEY\067806101-LITSEY CREEK COTTAGE\DWG\LITSEY CREEK COTTAGE_ENCROCHMENTI.DWG ENCROACHMENT AGREEMENT AREA LOT 1 , BLOCK 1 , LITSEY CREEK COTTAGES A. ROBINSON SURVEY, ABSTRACT NO. 1119 CITY OF FORT WORTH, DENTON COUNTY, TEXAS PART 2 BEING a tract of land situated in the Archibald Robinson Survey, Abstract No. 1119, City of Fort Worth, Denton County, Texas and being a portion of Lot 1, Block 1 of Litsey Creek Cottages, an addition to the City of Fort Worth, Texas, according to the Plat thereof recorded in Document No. 2021-399, Official Records, Denton County, Texas, (O.R.D.C.T.)and being more particularly described as follows: COMMENCING at a 5/8-inch iron rod with red plastic cap stamped "KHA" found for the most northerly northeast corner of said Lot 1, Block 1, at the northwest corner of a right-of-way clip at the intersection of the south right-of-way line of Litsey Road (a variable width public right-of-way), with the west right-of-way line of Endeavor Parkway(a variable width public right-of-way); THENCE with said west right-of-way line, the following courses and distances: South 45°08'43" East, with said corner clip a distance of 19.91 feet to a 5/8-inch iron rod with red plastic cap stamped "KHA"found for the south corner of said corner clip; South 00'08'43" East, a distance of 288.14 feet to a 5/8-inch iron rod with red plastic cap stamped "KHA" at the beginning of a tangent curve to the right with a radius of 485.00 feet, a central angle of 37'50'45", and a chord bearing and distance of South 18°46'40"West, 314.57 feet; In a southerly direction, with said non-tangent curve to the right, an arc distance of 320.36 feet to a 5/8-inch iron rod with red plastic cap stamped "KHA"found for corner; South 37°42'02" West, a distance of 353.22 feet to the POINT OF BEGINNING for the northeast corner of a 30-foot Drainage Easement as shown on said plat of Litsey Creek Cottages, recorded in Document No. 2021-399, O.R.D.C.T.; South 37°42'02" West, with the common line of said west right-of-way line and said 30-foot drainage easement, a distance of 30.00 feet to a point for the southeast corner of said 30-foot Drainage Easement; NOTES A sketch of even date was prepared to accompany this description. Bearing system based on the Texas Coordinate System of 1983, North Central Zone(4202), North American Datum of 1983. Ki m ))) Horn 13455 No Road,Two Galleria Office / Tel.No.(972)770-1300 Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3820 Scale Drawn by Checked by Date Proiect No, Sheet No. N/A EMP DJD Feb.2022 0678D61 Di 3 OF 6 PFEIL,ERIC 2/3/2022 5:01 PM\\KIMLEY-HORN.COM\TX_DAL2\DAL_SURVEY\067806101-LITSEY CREEK COTTAGE\DWG\LITSEY CREEK COTTAGE_ENCROCHMENTI.DWG ENCROACHMENT AGREEMENT AREA LOT 1 , BLOCK 1 , LITSEY CREEK COTTAGES A. ROBINSON SURVEY, ABSTRACT NO. 1119 CITY OF FORT WORTH, DENTON COUNTY, TEXAS PART 2 (Continued) THENCE over and across said Lot 1, Block 1, the following courses and distances: North 52°17'58" West, with the southwesterly line of said 30-foot Drainage Easement, a distance of 517.38 feet to a point for corner in the east line of a Flood Plain Easement as shown on said plat of Litsey Creek Cottages; North 15'38'31" East, with said southeast line, a distance of 32.08 feet to a point for corner; North 22°02'04" East, with said southeast line, a distance of 0.28 feet to a point for corner in the northeasterly line of said 30-foot Drainage Easement; South 52°17'58" East, with said northeasterly line, a distance of 529.51 feet to the POINT OF BEGINNING and containing a computed area 15,704 square feet or 0.3605 acres of land. NOTES A sketch of even date was prepared to accompany this description. Bearing system based on the Texas Coordinate System of 1983, North Central Zone(4202), North American Datum of 1983. Ki m * Horn 13455 No Road,Two Galleria Office / Tel.No.(972)770-1300 Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3820 Scale Drawn by I Checked by Date I Proiect No. Sheet No. N/A EMP DJD Feb.2022 1 067806101 4 OF 6 PFEIL,ERIC 2/3/2022 5:01 PM\\KIMLEY-HORN.COM\TX_DAL2\DAL_SURVEY\067806101-LITSEY CREEK COTTAGE\DWG\LITSEY CREEK COTTAGE_ENCROCHMENTI.DWG NORTH L17-SE�, RO o so too ' A VA"/A"'E WIDTH pUBLIgD - _ P.O.C. GRAPHIC SCALE IN FEET — — O W IRFC VARIABLE WIDTH FLOOD PLAIN S45°O8'43"E 17 EASEMENT VARIABLE WIDTH _ 19.91, I IRFC DOC.NO.2021-399 \ / FLOOD PLAIN N32°32'55"E / EASEMENT LOT 1, BLOCK 1 26.56' DOC. NO.2021-399 LITSEY CREEK COTTAGES I N > o w l DRAINAGE EASEMENT O HENRIETTA DOC. NO. ' W Y w Jm M DOC. NO.2021-399 BEND DRIVE 2021-399 � ppCD Oda OcS 24'EMERGENCY I o a Q w = (V / Os gyp, ACCESS EASEMENT I _ — Z U DOC.NO.2021-399 o ? CD O w oC = O m JwUZ �r'cp O9 MAINTENANCE I I Q I Q O U AGREEMENT AREA '1 w l 00 0 DOC. NO.2021-142263 I 0 Q U ON SURVEY Z I I gRCHIBALD ROBINSO 1119 0=15°22'44„ I Lj I ABSTRACT N I R=130.08' IRFC PART 1 s CB=S7°32'39"W 0.3120 ACRES s�>> C=12 N82'42'02"E 13,593 SQ.FT. s�; F 2 33.79' P.O.B. (PART 1) o l� / A=3'06'22" S82°42'02"W / / 33.01' /,R=485.00' L=26.29' / OVERALL CURVE / / CB=S16'47'12"W DEED LINE A=37°55.00'� / C=APPROXIMATE LEGEND R=485.00' � APPROXIMATE L=320.36' CITY OF FORT A=CENTRAL ANGLE CB=N18°46'40"E / / WORTH LIMITS P.O.C.=POINT OF COMMENCING C=314.57' / P.O.B.=POINT OF BEGINNING MATCH LINE IRFC / IRFC=5/8"IRON ROD W/"KHA"CAP FOUND SEE SHEET 6 NOTES ENCROACHMENT A field note description of even date was prepared to accompany this sketch. AGREEMENT AREA Bearing system based on the Texas Coordinate System of 1983, North LOT 1 , BLOCK 1 Central Zone(4202), North American Datum of 1983. The Plat and Easement Document Numbers shown hereon are per the Official LITSEY CREEK COTTAGES Records of Denton County,Texas,(O.R.D.C.T.) A. ROBINSON SURVEY,ABSTRACT NO. 1119 Kimle >>> Horn CITY OF FORT WORTH 13455 Noel Road,Two Galleria Office / Tel.No.(972)770-1300 Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3820 DENTON COUNTY, TEXAS _le Drawn by I Checked by I Date Proiect No. I Sheet No. 1"=100' EMP DJD Feb.2022 067806101 5 OF 6 PFEIL,ERIC 2/3/2022 5:01 PM\\KIMLEY-HORN.COM\TX_DAL2\DAL_SURVEY\067806101-LITSEY CREEK COTTAGE\DWG\LITSEY CREEK COTTAGE_ENCROCHMENTI.DWG m \ m \m p p p r 70 O Z Z � p �J � 00 li � C� O � D � N N Zpno7c) m m D 2 \ nmr � vt N ti � n a 11 z z on zDOD U) o N � � -0 pmNW2 WD am00op w � N� cn o � II _ Oox C) MA m m cn r \ N � m N GW 0 0 o XOXZZD Zcnmzz - � \ 0Z � � O K) / z n �] � � p om � ITl n m �o D o Dompm n' � m Z / m r O WmZ Z a m = m � z � coz -< m > � "' v, z O Z m a zZ � Z xz � � pUl CD o = 2 m z W cn > X Z m o - p ;0 X m 0 CZcn zo < cnN o W O \ o rr m r w — 0 r o Z 0 N oD 0 � M. o m n D D -0 � o > oa � W m ftDo m ncoZDhyrZm U) O 0 O zW mm m NM 0 -nm � 0 m � z o 0 � MOm�z Z � Ioz � � � a G�7 < O � O O \ \ n w N V X � � mD � rnz �w `' � m 0 - - � - - � i \ m o IA ! 3 N W D z,\ \\\ O W O 0 D M.M �. 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R gss §" S ^,. 1.ea ' d.s§- as �a1aag $ L3� g$ g� 9R ff ¢P ;le mz0 r Rg : s&aq $ Sx ss sao §as ;z M CmZ —I x Him -.k— a e o to r (n a. 00 g§. s €kq � $amxs sseQm gm: %g.$ Gsssa o$ sgo§ z n z O z W O m N < °$e s; q a§0v i §os� R es° ass s x% fs - g= � i�rnz�vim� gm o� s& o a a ¢ % W m 18 m8 UP a lam e s¢ o m m�<D rn m z i :Ea� A Z s'A g'sAv ymxs - k ° $a's �x r\ S0<m M<moN mr o � z D D 0 o W 7,� N Pm A a$pP. xo. � 8$e s ffi §xa Pea � 6 00cn20j p O� €a@g U.; & d Sd _ §4.6Re 8g a X y m m o o m= ^.so ap as a w3E.$g "iMm A � o�$'� M� v�G 3s�� n D Z' �s z �gs�� �. ° s� a a€-a s as sea 0 tn' 0 g¢§a a§ a aka s sa �w' r a ¢@ z z R1 �..xsa' aga § Ra a k� s° m �9s_° ° $$ O fn a3s$ � Sz arias ""° ng a§ s g $g$ ;,a sm°-¢amsgwg s-R CIA `w aQ sa s,_s'%s U$a-z ama a EXHIBIT C Depiction and description of the Encroachment Tier TT Easement Encroachment Agreement Page 13 of 14 PN22-00009 LEGEND ----------- 3'YARD FENCE IN EASEMENT NORTH 6' PERIMETER FENCE IN EASEMENT GRAPHIC SCALE IN FEET 0 20 40 80 24'DRAINAGE EASEMENT (O.R.D.C.2021-399) SEE EXHIBIT FOR PROFILE \ \ Imo\ \ A2 \ N \ \ W W \ / Z �-77 U OWNER/DEVELOPER: LITSEY CREEK E''NYG7yIN�*_EEHR: MCA LITSEY CREEK OWNERS,LP COTTAGES EXHIBIT B-� 8010ERRY STREET 400 S.RECORD ST,SUITE 1200 IPRC RECORD NO IPRC20-0155 PLAN VIEW (1 OF 5) SUITE TX DALLAS,TX 75202 FORT WORTH. 76102 CITY PROJECT NO 103091 ENGINEERING FIRM REGISTRATION ON#F-928 LEGEND ----------- 3'YARD FENCE IN EASEMENT NORTH 6' PERIMETER FENCE IN EASEMENT GRAPHIC SCALE IN FEET 0 20 40 80 i m i W h ® N z 24'DRAINAGE ' ,\ EASEMENT * 3 \ p Q\ (O.R.D.C.2021-399) \ \\ � N 7° N om 1 SEE EXHIBIT B-7 \ FOR PROFILE ' / o OWNER/DEVELOPER: LITSEY CREEK E''NYG7yIN�*_EEHR: MCA LITSEY CREEK OWNERS,LP COTTAGES EXHIBIT B-� 8010ERRY STREET 400 S.RECORD ST,SUITE 1200 IPRC RECORD NO IPRC20-0155 PLAN VIEW (2 OF 5) SUITE TX DALLAS,TX 75202 FORT WORTH. 76102 CITY PROJECT NO 103091 ENGINEERING FIRM REGISTRATION ON#F-928 LEGEND ----------- 3'YARD FENCE IN EASEMENT �iO 6' PERIMETER FENCE IN ti EASEMENT GRAPHIC SCALE IN FEET 0 20 40 80 °} z / SEE EXHIBIT B-B - I FOR PROFILE I I I I 30 DRAINAGE EASEMENT (O.R.D.C.2021-399) I I L� I x ® I I ICI � I � I LooI � I H I 3.0' I TYP. ® , I I I 11.7' 20.7 W O MATCHLINE EXHIBIT B-4 OWNER/DEVELOPER: LITSEY CREEK E''NYG7yIN�*_EEHR: orn MCA LITSEY CREEK OWNERS,LP COTTAGES EXHIBIT B-� 8010ERRY STREET 400 S.RECORD ST,SUITE 1200 IPRC RECORD NO IPRC20-0155 PLAN VIEW (3 OF 5) SUITE TX DALLAS,TX 75202 FORT WORTH. 76102 CITY PROJECT NO 103091 ENGINEERING FIRM REGISTRATION ON#F-928 LEGEND ----------- 3'YARD FENCE IN EASEMENT �iO 6' PERIMETER FENCE IN ti EASEMENT GRAPHIC SCALE IN FEET 0 20 40 80 MATCHLINE EXHIBIT B-3 /FL I I ® � 11.7' I ® z0.7' I 3.0' ® I TYP.14 1 :::::7 I I 1.7' L y ® � I v-7 JI C) I ZI H of `" ® ) ® � � H ® I I I �I 30'DRAINAGE i I � EASEMENT LiTL (O.R.D.C.2021-399) SEE EXHIBIT B-9 0'po 0 0 FOR PROFILE i s --ENDEAVOR. ""T 50' R.O.W. OWNER/DEVELOPER: LITSEY CREEK EKkn''N7yIN�*_EEHR: �_YG orn MCA LITSEY CREEK OWNERS,LP COTTAGES EXHIBIT B-4 801 CHERRY STREET 400 S.RECORD ST,SUITE 1200 IPRC RECORD NO IPRC20-0155 PLAN VIEW (4 OF 5) SUITE TX DALLAS,TX 75202 FORT WORTH. 76102 CITY PROJECT NO 103091 ENGINEERING FIRM REGISTRATION ON#F-928 LEGEND ----------- 3'YARD FENCE IN EASEMENT 6' PERIMETER FENCE IN NORTH EASEMENT GRAPHIC SC LE IN FEET 0 20 40 80 I � I \ \ 94 / SEE EXHIBIT B-10 / FOR PROFILE o�o \ / / 35'SANITARY \ / / SEWER EASEMENT SANITARY SEWER EASEMENT INST.NO.2015-3024 \� \ O.R.D.C.T. OWNER/DEVELOPER: LITSEY CREEK ENGINEER: MCA LITSEY CREEK OWNERS,LP EXHIBIT B-5 801 CHERRY STREET COTTAGES 801CHERRY STREET 400 S.RECORD ST,SUITE 1200 IPRC RECORD NO IPRC20-0155 PLAN VIEW (5 OF 5) SUITE TX DALLAS,TX 75202 FORT WORTH. 76102 CITY PROJECT NO 103091 ENGINEERING FIRM REGISTRATION ON#F-928 HORIZONTAL. 1"=40' VERTICAL: 1"=4' 600 600 595 595 6 ORIJAME TAL -- REF.METAIL PR PO ED GRADE 590 590 .5' (Typ) 585 585 w GRADE 580 580 575 575 5701 1 1 1 1 1 1 1 570 -0+25 0+00 0+50 OWNER/DEVELOPER: LITSEY CREEK E''NYG7yIN�*_EEHR: orn MCA LITSEY CREEK OWNERS,LP COTTAGES EXHIBIT B-� 8010ERRY STREET 400 S.RECORD ST,SUITE 1200 IPRC RECORD NO IPRC20-0155 PROFILE VIEW (1 OF 5) SUITE TX DALLAS,TX 75202 FORT WORTH. 76102 CITY PROJECT NO 103091 ENGINEERING FIRM REGISTRATION ON#F-928 HORIZONTAL. 1"=40' VERTICAL: V=4' 595 595 6'C RNA MENTAL REF. DE FAIL 12 7' [- "OP SE G AD 5901 590 0 5 0' 585 585 RA E 582 582 -0+25 0+00 0+50 OWNERIDEVELOPER: LITSEY CREEK ENGINEER: EXHIBIT B-7 K111L-f l MCA LITSEY CREEK OWNERS,LP COTTAGES 801CHERRY STREET 400 S.RECORD ST,SUITE 1200 IPRC RECORD NO IPRC20-0155 PROFILE VIEW (2 OF 5) SUITE TX DALLAS,TX 75202 FORT WORTH. 76102 CITY PROJECT NO 103091 ENGINEERING FIRM REGISTRATION ON#F-928 HORIZONTAL. 1"=40' VERTICAL: V=4' NAM TAL EN E REF DETAIL 595 595 .PROPOSED GRADE 590 7.5' 590 ( YP. 585 585 W ; XIS ING RA E 580 580 575 575 570 1 1 1 1 1 1 1 1 570 -0+25 0+00 0+50 OWNER/DEVELOPER: LITSEY CREEK E''NYG7yIN�*_EEHR: orn MCA LITSEY CREEK OWNERS,LP COTTAGES EXHIBIT B-8 8010ERRY STREET 400 S.RECORD ST,SUITE 1200 IPRC RECORD NO IPRC20-0155 PROFILE VIEW (3 OF 5) SUITE TX DALLAS,TX 75202 FORT WORTH. 76102 CITY PROJECT NO 103091 ENGINEERING FIRM REGISTRATION ON#F-928 HORIZONTAL. 1"=40' VERTICAL: 1"=4' '�---6-'OWIAMENTAL FENCE R F. ETAIL 595 595 PR PO ED G DE 590 (T P.) a 590 Lu EXI TIN GR DE 585 585 582 582 -0+25 0+00 0+50 OWNER/DEVELOPER: LITSEY CREEK E''NYG7yIN�*_EEHR: orn MCA LITSEY CREEK OWNERS,LP COTTAGES EXHIBIT B-9 8010ERRY STREET 400 S.RECORD ST,SUITE 1200 IPRC RECORD NO IPRC20-0155 PROFILE VIEW (4 OF 5) SUITE TX DALLAS,TX 75202 FORT WORTH. 76102 CITY PROJECT NO 103091 ENGINEERING FIRM REGISTRATION ON#F-928 HORIZONTAL. 1"=40' VERTICAL: 1"=4' 605 605 XIS ING Rbll 600 600 6' RNAMENIAL FFME REF. DETAIL 595 595 PROPOSED ( YP. 590 590 wco 0 585 585 -0+25 0+00 1+00 1+25 OWNER/DEVELOPER: LITSEY CREEK E''NYG7yIN�*_EEHR: orn MCA LITSEY CREEK OWNERS,LP COTTAGES EXHIBIT B-�O 8010ERRY STREET 400 S.RECORD ST,SUITE 1200 IPRC RECORD NO IPRC20-0155 PROFILE VIEW (5 OF 5) SUITE TX DALLAS,TX 75202 FORT WORTH. 76102 CITY PROJECT NO 103091 ENGINEERING FIRM REGISTRATION ON#F-928 EXHIBIT D Certificate of Insurance Tier TT Easement Encroachment Agreement Page 14 of 14 PN22-00009