HomeMy WebLinkAboutContract 58148 `Date Received: 09/30/2022 Permit Number: PN21-00164
Time Received: 8.23 am City Secretary No.: 58148
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 FORT
WORTH EVERMANIRISINGER DEVELOPMENT, LLC, a(n) Texas limited liability company
("Licensee"), acting by and through its duly appointed President and Chairman of the Board of its manager's
agent.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 100 Successful Dr, Fort Worth,Texas
76134 ("Property"), being more particularly described in the attached Exhibit "A" which is incorporated
herein for all purposes;and
WHEREAS, the City owns a waterline easement (the "together the Easements") within the property
as shown in plat records of Tarrant County as plat number FP-20-154 and which is incorporated herein for all
purposes as the attached Exhibit"B,";and
WHEREAS, Licensee desires to construct, place, and maintain certain improvements which will
encroach in,on,above,or below the Easements; 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 Easements 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 Easements. Licensee shall not
expand or otherwise cause the Encroachment to further infringe in or on the Easements beyond what is
specifically described in Exhibit "C."
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Tier 11 Easement Encroachment Agreement Page 1 of 13
Revised 1112020
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.
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 Easements,
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 Easements, 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 Easements 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 Easements; 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 Easements 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 Easements, Licensee hereby gives
City permission to remove the Encroachment and any supporting structures from the Easements, to restore the
Easemetnts, 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 Easements
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).
Tier II Easement Encroachment Agreement Page 2 of 13
Revised 11/2020
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.
Any notices, certificates, approvals, or other communications required to be given by one Party to
another under this agreement (a "Notice') shall be given in writing addressed to the Party to notified at the
address set forth below and shall be deemed given: (i) when the Notice is delivered via certified mail. If any
date or period provided is this Agreement ends on a Saturday, Sunday, or legal holiday, the applicable period
for calculating notice shall be extended to the first business day following the Saturday, Sunday, or legal
holiday. For the purpose of giving any Notice, the addresses of the Parties are set forth below. The Parties may
change the address set forth below by sending Notice of such changes to the other Party as provided in this
section.
To the City:
City of Fort Worth,Texas
Development Services Department
200 Texas Street
Fort Worth, TX 76102
Attention: Director of Development Services
To Licensee:
Everman Fort Worth Building 4 SPE, LLC
c/o ASS Capital Management LLC
7501 Wisconsin Avenue, Suite I30OW
Bethesda,MD 20814
Attention:Nicolas Franzetti
With a copy to: Raines Feldman
1800 Avenue of the Stars, 121h Floor
Los Angeles,CA 90067
Attention: Eric Blum
With a copy to: DLA Piper
Tier II Easement Encroachment Agreement Page 3 of 13
Revised 11/2020
33 Arch Street 261h Floor
Boston,Massachusetts 02110-1447
Attention: Barbara A. Trachtenberg
9.
It is further understood and agreed between the parties hereto that the Easements to be used and
encroached upon is held by City as trustee for the public; that City exercises such powers over the Easements 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 Iegislative power to control the Easements 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 Easements 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.
10.
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.
11.
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 the easements as located and described in Exhibit
"C." The amounts of such insurance shall be not less than
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
Tier II Easement Encroachment Agreement Page 4 of 13
Revised 1112020
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 Easements. All insurance
coverage required herein shall include coverage of all Licensee's contractors and subcontractors.
12.
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.
13.
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 Easements.
14
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.
15.
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.
16.
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 Easements and is not a conveyance of
any right, title, or interest in or to the Easements, 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.
17.
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.
Tier 11 Easement Encroachment Agreement Page 5 of 13
Revised I112020
18.
The parties agree that the duties and obligations contained in Section 5 shall survive the termination of
this Agreement.
19.
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 Iender 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.
20.
Any cause of action for breach of this Agreement shall be brought ill Tarrant County, Texas. This
Agreement shall be governed by the laws of the State of Texas.
21.
This Agreement shall be binding upon the parties hereto and their successors and assigns.
22.
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
Revised 11/2020
City: Licensee.
CITY OF FORT WORTH Fort Worth Everman/Risinger Development,LLC
a Texas limited liability company
by: Majestic Everman Investor, LLC
a Delaware limited liability company
by: Majestic Realty Co.
a California corporation,
manager's agent
By DJ Harel.(Sep i8.2012 N.30 CD_; B 7L
D.J, Harrell, Director of the ame: Edward J. Roski Jr., President and Chairman
Development Services Department of the Board
Date: -- Sep 28, 2022 `f Date: -T1 2-9-/ate
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as.61
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ATTEST: 0 Approved As To Form and Legality
04�?*ex0, qa
Jannette S.Goodall(Sep 297202214;33 CDT) LJJ+(�• s
Jannette Goodall, Thomas Royce Hansen
City Secretary Assistant City Attorney
Date: Sep 29, 2022 Date: Sep 27, 2022
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.
Vag Tilly on behalf ol; .27,202217:17 CDT)
Janie S. Morales
Development Services
Date: Sep 27, 2922
OFFICIAL RECORD
Tier 11 Easement Encroachment Agreement Page 7 of 13
Revised 1112020 CITY SECRETARY
FT.WORTH, TX
'I1
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 this28th day of September ,20 22
Wendy I L ❑ig}tally signed by
Wendy L.BeardsRee
Bedrdslee 1
2022.09.28
16:11:20-05'00'
� G� WENDY L BEARDSLEE
Notary Public in and for the State of Texas = Notary Public
* STATE OF TEXAS
�y Notary I.Q. 13323719-3
9 oIF 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 8 of 13
Ruvi5cd 11/2020
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached,and not the truthfulnoss,accuracy, or
validity of that document.
State of California
County of Los Angeles
On July 25, 2022 before me, Daniella Garcia, Notary Public
(insert name and title of the officer)
personally appeared Edward P. Roski Jr.
who proved to me on the basis of satisfactory evidence to be the persons whose name(s} islafe
subscribed to the within instrument and acknowledged to me that he/she"executed the same in
hi,q/4efA4e4F authorized capacity(ies), and that by hi5/hefA+ta4 signature} on the instrument the
person(s), or the entity upon behalf of which the person} acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. •. DAN IELLA GARCIA
Notary puhlir-California
Los Angeles County
Commission#1329913
- � •'� My Comm.Expires:ul 71,2424
Signature (Seal)
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
AGREEMENT OF LENDER
Brighthouse Life Insurance Company,a Delaware corporation("Lender"), is the beneficiary of a Deed of
Trust, Security Agreement and Fixture Filing (the "Deed of Trust") encumbering Licensee's property
which was recorded September 30, 2021 under Tarrant County Official Public Records No.
D221285636. Licensee and the City have informed Lender that the Deed of Trust encumbers all or a
portion of the Property on which the Easement is located. Lender does not object to said Easement as so
described. The Deed of Trust is hereby subordinated to said Easement only such that said Easement as so
described shall not be extinguished by foreclosure of the Deed of Trust or voluntary transfer in lieu of
such foreclosure. This agreement shall be binding upon and inure to the benefit of Lender and its
successors and assigns as beneficiary under the Deed of Trust,
BRIGHTHOUSE LIFE INSURANCE
COMPANY,
a Delaware corporation
By: MetLife Investment Management, LLC,
a Delaware limited liability company,
Its Investment Manager
By: /
Name:
Title:Authorized Signatory �]�r _-
ACKNOWLEDGMENT
) ss.
COUNTY OF f G }
The foregoing instrument was acknowledged before me this day of
,An� , 2022, by TaV�-r� t-tVa l the
of rn c F� % « YVL0.ith apJLh ��
a j k- L, l �i on behalf of the
�'"""f■ KAT+iRYN DAHL
�Sy'RY PV6 i
;z -Notary Public.State of Texas Notary P blic
v: Comm.Expires 06-06.2023
%: ;, Notary ID 132042127 My Commission Expires: e u-o u-
EXHIBFF A
Description of the Licensee's Property
BEING a tract of land situated in the James J. Scott Survey,Abstract No. 1449
and the George Hamilton Survey,Abstract No. 751,City of Fort Worth,
Tarrant County,Texas and being a part of Lot 1 R-1 in Block 1 of LONE
STAR SUBDIVISION,an addition to the City of Fort Worth,Tarrant County,
Texas according to the plat thereof recorded in Volume 388-123,Page 58 of
the Deed Records of Tarrant County,Texas;embracing a portion of the
204.712 acre tract of land described in Special Warranty Deed with Vendor's
Lien to Holt Hickman and Jo Hickman,Co-Trustees of The Holt Hickman
Irrevocable Asset Trust recorded in Instrument No. D212008041 ,of said
Deed Records,and all of a tract of land described in Special Warranty Deed to
the Hickman Family Limited Partnership recorded in Instrument No.
D204401637,of said Deed Records,and a portion of the called 5.854 acre tract
described in the deed to Hickman Properties,Inc.,et al as recorded in Volume
6797,Page 2099 of said Deed Records
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EXHIBIT C
Depiction and description of the Encroachment
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C
LEGAL DESCRIPTION
EASEMENT ENCROACHMENT
BEING a 300 square foot (0.0069 acre) tract of land situated in the James J. Scott Survey, Abstract No. 1449, City
of Fort Worth, Tarrant County, Texas; said tract being part of that tract of land described in Special Warranty Deed to
Fort Worth EvermanlRisinger Development, LLC described in Instrument No. D217118440, Official Public Records
of Tarrant County, Texas; said tract being more particularly described as follows:
COMMENCING at a brass disk found in the west right-of-way line of South Freeway (a variable width right-of-way),
and being easternmost southeast corner of said Fort Worth EvermanlRisinger Development, LLC tract;
'tH�LzNCF; South 89"41'16" West, along the said west right-of-way line of South Freeway, a distance
of 141.49`Feet to a 5/8-inch iron rod with plastic cap stamped "KHA" found at the north end of a right-of-way
corner clip at the intersection of the said west right-of-way line of South Freeway and the north right-of-way
line of Burleson Cardinal Road;
THENCE South 44034'16" West, along said right-of-way corner clip, a distance of 15.85 feet to a 5/8-inch iron
rod with plastic cap stamped"KHA" found;
THENCE departing said right-of-way corner clip, South 89°32'07"West, a distance of 38.54 feet to a point;
THENCE North 0°27'53"West, a distance of 15.00 feet to the POINT OF BEGINNING;
THENCE South 89°32'07"West, a distance of 20.00 feet to a point for corner;
THENCE North 0027'53"West, a distance of 15,00 feet to a paint for corner;
THENCE North 89*32'07" East, a distance of 20.00 feet to a point for corner;
THENCE South 0'27'53" East, a distance of 15.00 feet to the POINT OF BEGINNING and containing 300 square
feet or 0.0069 acres of land.
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 and bounds description.
The undersigned, Registered Professional Land Surveyor, hereby certifies that foregoing description accurately sets
out the metes and bounds of the easement encroachment tract.
EASEMENT ENCROACHMENT
JAMES J. SCOTT SURVEY,
. OF TES ABSTRACT NO. 1 449
...........
MIC EL ILLINGSLEY �:' ° '••�' CITY OF FORT WORTH,
REGI ER MOFESSIONAL •
TARRANT COUNTY, TEXAS
y LAND URVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY
801 CHERRY STREET, ..... ..:
UNIT 11 SUITE TEXAS
a 6558 P Kimlev))) Horn
FORT WORTH, TEXAS 75102 �q:�p�E S St4� p�-
PH. 817-335-6511 801
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miehael.billingsley@kimley-horn.com Scale Drawn by I Checkedbv Dale Project No. I Shgat
NIA JBH MCB 1120I202Q 061202615 1 OF 2
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t' LEGEND
II P.C.C.=POINT OF COMMENCING
_ P.Q.B.=POINT OF BEGINNING IVQRTH
IRFC=IRON ROD WITH CAP FOUND
Z BDF=BRASS DISK FOUND
0 i I 1Q'TExAS C.M.=CONTROLLING MONUMENT U 100 200
O I ]I I ELECTRIC SERVICE
COMPANY EASEMENT GRAPHIC SCALE IN FEET
Ij I (VOL,6689,PG,455) LOT 1 R-1, BLOCK 1
fl LONE STAR SUBDIVISION
+ i (VOL. 388-123, PG. 58) _
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0 CJ] I LU STORM WATER FACILITY FORT WORTH LL1 ED FL
m Z a MAINTENANCE AGREEMENT EVERMANIRISINGER a Wa� r
( 6 0 I (INST.NO.D217158591) DEVELOPMENT, LLC � W j 0
0 m d I i (INST. NO. D21 71 1 8440) LL
o f I 0.0069 ACMES
Z I } 60'PUBLIC ACCESS EASEMENT 300 SQ. FT. P•O•C.
(PROPOSED)
4 I RIGHT-OF-WAY N8903 20.a0 (COM.)
DEDICATION
D I I (PROPOSED) ND°27'S3"W S0928'33"E
518"IRFC 15.00' 1 JS9'41
"KHA" 141.49'
(C.M.} 518"IRFC
"KHA"(C.M.) 41.4
JAmES J.SCOTT SURVEY ABSTRACT NO. 1449 S44°34'16"W
DRAINAGE EASEMENT
- - - - - - - - 314"IRF (PROPOSED) 518"IRFC
GFORGE HAMILTON SURVEY-ABSTRACT NO. 751 CBOWWYER
.M.) S89032'06"W "KHA"(C.M.)
CALLED 83.068 ACRES 20.00, S89°32'07"W
TCRG OPPORTUNITY XV, L.L.C. LOT 3, BLOCK 1 38.54'
(INST. NO. D2171 09969) 1 ADDITION P.O.B.
BURLESON (CAB. B, SL. 457)
CARDINAL ROAD N0°27'5 15.QD,00
l �
NOTES: 1I
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202).
A metes and bounds description of even survey date herewith accompanies this survey plat.
The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey plat accurately sets out
the metes and bounds of the easement encroachment tract.
EASEMENT ENCROACHMENT
DAMES J. SCOTT SURVEY,
4
z y o lFy ABSTRACT NO, 1449
E........,
�P••''��sT
`MICHAEL C. BILLINGSLEY �: o''• ' CITY OF FORT WORTH,
•':*
REGISTERED PROFESSIONAL TARRANT COUNTY, TEXAS
LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY
801 CHERRY STREET,
T 11 SUITE 13X0 ° � 5$
FORT
KimlewOHorn
Q :
FORT WORTH, TEXAS 76102 �q'�pF�g51D�•q�-
y•• '••......•• `` 801 Cherry Street,Unit 11.k 5300 Tel.No.(817)335-6511
PH, 817-335-6511 S u R Fort Worth,Texas 76102 FIRM#10194040 www.kimley-hom.c°m
michael.billingsley@kimley-horn.com S,�le drawnhv Checked by Date I PraectN°. Sheet No.
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LEGAL DESCRIPTION
EASEMENTENCROACHMENT
BEING a 805 square foot (0.0185 acre) tract of land situated in the James J. Scott Survey, Abstract No, 1449, City of
Fort Worth, Tarrant County, Texas and said tracts being part of Lot 4, Block 1, Southland Business Park Addition, an
addition to the City of Fort Worth according to the plat recorded in Instrument No. D221096740, Official Public
Records, Tarrant County, Texas; said tracts being more particularly described as follows:
COMMENCING at an 5/8-inch iron rod with cap stamped "KHA" found in the north right-of--way line of Burleson
Cardinal Road, said point being at the west end of a right-of-way corner clip at the intersection of the west right-of-way
line of South Freeway (a variable width right-of-way) and the north right-of-way line of Burleson Cardinal Road (a
variable width right-of-way);
THENCE North 44°34'16" East, along the northwest line of said corner clip, a distance of 15.85 feet to the east
end of said corner dip at the intersection of the west line of said South Freeway and the north line of said
Burleson Cardinal Road;
THENCE North 09°41'16" East, along the said west line of South Freeway, a distance of 1.92 feet to the POINT
OF BEGINNING;
THENCE North 85'58'29" West, departing the said west line of South Freeway, a distance of 24.87 feet to a point for
corner; said point also being in the west line of a 10-foot easement to the City of Fort Worth as recorded in Volume
7776, Page 638 of the Deed Records, Tarrant County, Texas
THENCE North 44'34'16" East, along the said west line of the 10-foot City of Fort Worth easement, a distance of 8.31
feet to a point for corner;
THENCE North 09*41'16" East, continuing along the said west line of the 10-foot City of Fort Worth easement, a
distance of 32.45 feet to a point for corner;
EASEMENT ENCROACHMENT
PART OF LOT 4, BLOCK 1 SOUTHLAND
BUSINESS PARK ADDITION
JAMES J. SCOTT SURVEY,
ABSTRACT NO. 1449
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
Kimlev* Horn
801 Cherry Street,Unit 11.0 13001 Tel Nw{{817}335-6511
Fort Worth,Texas 76102 FIRM R 10194040 www,kimley-hort%com
Drawn by Checked Gv gate Proiec[No. sheel No.
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BILLINGSLEY.MICHAEL 2115/2022 2:36 PM K:IFTW SURVEY1061282615-FORT WORTH SOUTH-NATTSZWG1061282615 FORT WORTH SOUTH—PH II_BLDG 6 ENCROACHMENT,OWG
THENCE South 89°54'35" East, departing the said west line of the City of Fort Worth Easement, a distance of 20.28
feet to a point for corner in the said west line of South Freeway; from said point a brass disk found in the said west line
of South Freeway bears North 9°41'16" East, a distance of 99.37 feet;
THENCE South 09*41'16" West, along the said west line of South Freeway, a distance of 40.19 feet to the POINT OF
BEGINNING and containing 805 square feet or 0.0185 acres of land, more a 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
PART OF LOT 4, BLOCK 1 SOUTHLAND
BUSINESS PARK ADDITION
OF ••� JAMES J. SCOTT SURVEY,
�,�p�•..• ABSTRACT NO. 1449
MICHAEL C. BILLINGSLEY OS CITY OF FORT WORTH
*:' ':
REGISTERED PROFESSIONAL •••;,••••,•••••••••••••••••;••• TARRANT COUNTY, TEXAS
LAND SURVEYOR NO. 6558 MICHAEL CLEO 81LLINGSLEY
801 CHERRY STREET, ••!••••••••..................
UNIT 11 SUITE 1300 6558 Q Kimle >>> Horn
FORT WORTH, TEXAS 76102 9•'••� .�•U R V.5... d 601 Cherry Street,Unit'1,0 1300 Tel Nw{{817}335-6511
PH. 817-335-6511 y❑ •5 �'k Fort Worth,Texas 75102 FIRM■10194040 www,kimle orr600rn
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I i
LOT 4, BLOCK 1 i < CD
NQRTH
SOUTHLAND BUSINESS > O
PARK ADDITION n C o 34 c
(INST. NO. D221096740) ; m =
LINE TABLE PART OF o GRAPHIC SCALL V.l
FORT WORTH EVERMAN! I I
NO. BEARING LENGTH RISINGER DEVELOPMENT,LLC
L1 N44°34'16"E 15.85, (INST.NO.D217118440) ; I m
L2 N09°41'16'E 1.92' BDF
b
L3 N85'58'29"W 24.87' 10'EASEMENT TO THE (C.M.}
CITY OF FORT WORTH (C.
L4 N44'34'1WE 8.31' (VOL,7776,PG.638) I �-
L5 N09'41'16"E 32.45'
rn
L6 S89'54'35"E 20.28'
L7 S09°41'16'W 40.19' r
EASEMENT f 1
ENCROACHMENT
0.0185 ACRES J L6
805 SQ. FT. do
P.O.B.
20'x30'DRAINAGE EASEMENT F
(INST.NO.D220056724) �`� L3 L2
L1
BURLESON CARDINAL ROAD
[A VARIABLE WIDTH RIGHT-OF-WAY] 518"IRFC
LEGEND "KHA"(C.M.)
P.O.C.=POINT OF COMMENCING
P.O.B.=POINT OF BEGINNING
IRFC=IRON ROD WITH CAP FOUND
C.M.=CONTROLLING MONUMENT
NOTES
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202).
A metes and bounds description of even survey date herewith accompanies this survey plat_
The undersigned, Registered Professional Land Surveyor,
hereby certifies that this survey plat accurately sets out
the metes and bounds of the encroachment tract.
EASEMENT ENCROACHMENT
PART OF LOT 4, BLOCK 1 SOUTHLAN❑
BUSINESS PARK ADDITION
JAMES J. SCOTT SURVEY,
�,�P�.�•','�S .--rye ABSTRACT NO. 1449
MICHAEL C. BILLINGSLEY CITY OF FORT WORTH
REGISTERED PROFESSIONAL • •. _ ................ TARRANT COUNTY, TEXAS
LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY
801 CHERRY STREET, ........6558................... Kiml .
>�> Horn
UNIT 11 SUITE 1300 ' .a �' p
�
FORT WORTH, TEXAS 76102 �9''paFE55�� •'o
PH. 817-335-6511 yp S U R E� 801 Cherry Tero s Unit 11,r 1300 Tel N0.{817}335�511
Fort Worth,Texas 76102 FIRM k 10194DM10 www,ki ort�com
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EXHIBIT D
Certificate of Insurance