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HomeMy WebLinkAboutContract 58152 Date Received: 09/30/2022 RecordNuniber: PN22-00082 Time Received: 8:30 am City Secretary No.: 58152 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER It 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'5, acting by and through its duly authorized City Manager, Assistant City Manager, or Director of the Development Services Department, and PRIIIICrow Bugg E, F, G & L, LP, a(n) Delaware limited partnership ("Licensee"), acting by and through its duly authorized Senior Vice President. RECITALS WHEREAS, Licensee is the owner of the real property located at 15277 Heritage Pkwy, Fort Worth, Texas 76177 ("Property"), being more particularly described in the attached Exhibit"A"which is incorporated herein for all purposes; and WHEREAS, the City owns or has an interest in a public utility easement and a drainage 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 deed records of Denton County by instrument number 2004-141925 and in the plat records of Denton County as plat number FP-22-003; and WHEREAS, Licensee desires to construct, place, and maintain certain improvements which will encroach 4 on, above, or below the Public Property; and WHEREAS Licensee has received consent from the other franchise utility companies to construct, place, and maintain the improvements within the public utility easement; and WHEREAS, to accommodate the needs of the Licensee, the City will allow the encroachment under the terms and conditions as set forth in this Agreement. NOW, THEREFORE,the City and Licensee agree as follows: AGREEMENT 1. The City, in consideration of the payment by 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 OFFICIAL RECORD Tier ll Easement Encroachment Agmerrient PN22-"82 CITY SECRETARY FT. WORTH, TX on Exhibit "C," but only to the extent shown thereon, for the purpose of constructing, installing, and maintaining berms, irrigation, landscaping, fire line and private sewer (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." 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. Licensee has received the approval and consent of certain franchise utility companies and such consents are attached hereto as Exhibit "D." Licensee agrees that it shall secure the approval and consent of all other 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. S. Tier II Easement Encroachment Agreement Page 2 of 13 PN22-000 82 03/2022 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. 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 forty (40) 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 Tier 11 Easement Encroachment Agreement Page 3 of 13 PN22-000 82 03/2022 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 KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE ENCROACHMENT AND USES GRANTED HEREUNDER,WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,LICENSEES,OR INVITEES. 10. While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance naming City as certificate holder as proof that is has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and described in Exhibit "C." The amounts of such insurance shall be not less than $1,000,000 with the understanding and agreement by Licensee that such insurance amounts may be revised upward at City's option and that Licensee shall so revise such amounts immediately following notice to Licensee of such requirement. Such insurance policy shall not be canceled or amended without at least thirty (30) days prior written notice to the Building Official of the City. A copy of such Certificate of Insurance is attached as Exhibit "E" 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 Tier II Easement Encroachment Agreement Page 4 of 13 PN22-000 82 03/2022 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. 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 II Easement Encroachment Agreement Page 5 of 13 PN22-000 82 03/2022 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 Tarrant County, Texas. This Agreement shall be governed by the laws of the State of Texas. 20. This Agreement shall be binding upon the parties hereto and their successors and assigns. 21. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument [SIGNATURES APPEAR ON FOLLOWING PAGE] Tier II Easement Encroachment Agreement Page 6 of 13 PN22-000 82 03/2022 City: Licensee: CITY OF FORT WORTH PR III/CROW BUILDING E,F, G &L, LP Delaware limited partnership by:PR III/Crow Building E,F, G & L GP, LLC, a Delaware limited liability company, its general partner by:PR III/Crow Building C, E, F, G & L Holdings, LLC,a Delaware limited liability company,its sole member and manager by:TC Eagle CEFGL Development, LLC, a Delaware limited liability company, its a ut h o r ized s ig n atory By:TCDFW Industrial Development,Inc., Delaware corporation, its managing member By, D,Harrell(Sep 21,20221S:33CDT) By. D.J.Harrell, Director of the N e:Jake Marks �II� Devclopcxent Serviv9E� f I•ttle: Senior Vice President Date, Sep 27, 2022 Date: l I ZZr ATTEST: Approved As To Form and Lega&ty _7a�r#etM S 600dad Jannette S.Goodall(Sep 29,2022 14:36 CDT) Jannette GoodA4 Ttiontas Royce Hansen City Sccretar)r Assistant City Attorney Date: Sep 29, 2022 Date: Sep 27, 2022 �p115 �FoRr��¢ Conti-act Compliance Manager: a o o �o0,A0� By signing I acknowledge that I am the person ti va S=� responsible for the monitoring and adrniriistration �� �000 0❑00*� of this contract,inchxling emu rmg all perForrnance ¢¢ �aooaoo and reporting requirements. 4aa Nix AA Matt�lG�d�6eGraG�'�` Mart TiMart l�of ISep 27,2022 Janie S. Morales Development Services Date: Sep 27, 2022 OFFICIAL RECORD 'Fier 11 Easement Encroachment CITY SECRETARY Agreement PN22-00082 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 27th day of September ,20 22 . Wendy L. Digitally signed by Wendy L Beardslee Per a WENDY L BEARDSLEE Beardslee Date:2022.09.2814:39.40 =� ��, Notary Public -05,00, * ,r STATE OF TEXAS Notary Public in and for the State of Texas 9�af +� My NotaryComm.l.D. 1 July 19 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 ll Easement Encroachment Agreement Page 8 of 13 PN22-00082 03/2022 STATE OF § COUNTY OF D OUL10.G § BEFORE ME, the undersigned authority, a Notary Public in and for the State of OAS , un this day personally appeared Jake Marks, Senior vice President (Tide) 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 thercin expressed, as the act and deed of PR III/CROW BUILDING E, F, G & L, LP, a Delaware limited partnership (entity type), and in the capacity therein stated GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1:5 day of 50k&W 20 Es SAMANT}iA WILCOXNotaryPublic in and for the Notary ID ki 33314921My Commission ExpiresState of September 3,2025 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Tier II Easement Fnemachment Agreenvm( Page 9 of 13 PN22-00082 6312022 EXHIBIT A Legal De s cription of the Lice ns cc's Prope rty TRACT 1: BEING a tract of land in the Thomas S. Reyburn Survey, Abstract No. 1130 and James Eads Survey, Abstract No. 410, in Denton County, Texas, and being a part of that 181.2 acre tract of land known as Tract 1 -Parcel B, described in Special Warranty Deed PR III/Crow 35 Eagle, LP, as recorded in County Clerk's Document No. 2013-145803 Official Records of Denton County Texas (O.R.D.C.T.), being all of that called 2.662 acre tract of land described as Tract 1 in Special Warranty Deed to 2801 Eagle Parkway Land, LLC as recorded in document No. 2015-73241 O.R.D.C.T. TRACT 2: Lot 5R2, Block 1, of Lots 5R1, 5R2, 5R3 and 5R4, Block 1 Trammell Crow 35 Eagle Addition, an addition to the City of Fort Worth, Denton County, Texas according to the plat thereof recorded under Clerk's File No. 2020-394 Plat Records, Denton County, Texas. TRACT 3: (Easement Estate) Easement appurtenant to and for the benefit of Tracts 1 and 2, over and across the land therein described in NON- EXCLUSIVE EASEMENT ESTATE, as created in that certain Storm Water Drainage Easement Agreement executed by Hillwood/l 358, Ltd., a Texas limited liability partnership to Intel Corporation, a Delaware corporation dated June 10, 1997, filed June 11, 1997, recorded in Clerk's File No. 97-R0038796 Deed Records Denton County Texas. TRACT 4: (Easement Estate) Easement appurtenant to and for the benefit of Tracts 1 and 2, over and across the land therein described in NON- EXCLUSIVE EASEMENT ESTATE, as created in that certain Special Warranty Deed and Mineral Deed executed by Intel Corporation to Quicksilver Resources Inc., dated October 20,2011, filed October 28, 2011, recorded in County Clerk's File No.201 1-103169, Official Records Denton County, Texas. TRACT 5: (Easement Estate) Easement appurtenant to and for the benefit of Tract 1, over and across the land therein described in NON- EXCLUSIVE EASEMENT ESTATE, as created in that certain Access and Drainage Easement Agreement executed by PR TIT/Crow Buildings A, H & J, LP, a Delaware limited partnership and PR ITI/Crow 35 Eagle, LP, a Delaware limited partnership dated November 20, 2020, filed November 23, 2020, recorded in Clerk's File No. (2020) 190959 Official Records Denton County Texas. Tier II Easement Encroachment Agreement Page 10 of 13 PN22-00082 03/2022 _ � I HART 35 EAGLE LLC LOT 4P.BLoac 1 .�t� /-� •�: . nunieiniuiQuinufli►�aeiiiiueiwiiio :' '� I/�/ ;:; �, ` -- �^ \ �� � 1h PR'iVCkM BUL.DNC'WX s L.I.P. ' LOT 1.BLOCK 2 '- , HART 35 EAGLE LLC LOT 3R.BLOCK 1" 1 / PR'i/CROM' BULNG E DM K L.I.P. ' :LOT 2.BLOCK 2 % PR III/CROW BULONG G . L LP. ", LOT 3.BLOCK 2,- ENCROACHMENT NO.1 0.533 ACRES GLE PA*�VAY � o 0 150 300 450 600 Q SCALE: 1"=300' P LEGEND: El ENCROACHMENT EN# DESCRIPTION CONTROL POINT orCP1 EN 1 IBERMS AND IRRIGATION CROSSING EXISTING EASEMENTS MEN F HALFFEXHIBIT A-VICINITY MAP mmo 35 EAGLE PHASE Ill 3W PARl(WOOOUVD.SLATE&$0 BUILDING F Frisco TEXAS 7503""' DATE:08/10/2022 =AVO. 34575 FORT WORTH,TEXAS 1tL 21�g1WgG TOP 2"4 B1B-957 F 1 EXHIBIT B Depiction of the Public Property Tier 11 Easement Enctoachment Agreement Page 11 of 13 PN22-000 82 03/2022 bt 0 ; Ri j IN ' I R I .7 r •',,-i a s 'y i E `d qt ;^ •�, a ��s i dig NAI PIP — F �! 4 I. sw!R 0 pi S ai 0 0 0 0 LJ ® lJ Q �• 7-s ni X Ey�$g mat 88'--ss �. x� 9II'.'• M."' 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E i. � E0� •#�} eE� i[�g � } _$ ���q�� 7 " °q�a I7[� # }� !f�.rr= �aY �• '�� rq7�F ����q1 [° �` °��rq � �q �er� � ����}! ��] ere �oaia1 gE-[ P'r s�[;��;•lt'i �ra a �Ea� [� ��Er��t$Egf }��i�€Qf F$}� r�#z�€ra}a p� 1�1R[F}Q= �% Epp $3[P6 #gr Frrt3iP� �v gr 8E373:e fill In In gE S 1i 16 1r �'!Y pe;RRSJJJg�y 'ylit �'- P§ } Rip E3E [ } ps r iR all If y s a i a � a A t �x m m = a E '• � g M� m m r r rr Ile L� tis •�� �i - � pgql1��bxmmraa C ,I -n "m 'm x � o o Denton County Cynthia Mitchell County Clerk Denton, TX 76202 70 2004 0011,925 Instrument Number: 2004-141925- As Recorded On: November 02, 2004 Easement Parties: INTEL CORPORATION Billable Pages: 10 To Number of Pages: 10 Comment: ** Examined and Charged as Follows: '" Easement 3200 Total Recording: 32.00 THIS PAGE IS PART OF THE INSTRUMENT Any provision herein which restricts the Sale,Rental or use of the described REAL PROPERTY because of color or race Is Invalid and unenforceable under federal law File Information: Record and Return To: Document Number- 2004-141925 Receipt Number. 148445 REPUBLIC TITLE OF TEXAS Recorded ❑atefTime* November 02, 2004 08,02A 2626 HOWELL ST 10TH FLOOR User 1 Station- L Holden-Cash Station 3 DALLAS TX 75204 c:O�T THE STATE OF TEXAS) COUNTY OF ❑ENTON) 1 hereby certify that this lnatrumeM was FILED In the FIIs Number sequence on the datettime printed heron,and was duly RECORDED In the Official Records of Denton County,Texas County Clerk Denton County, Texas RCPLjblic 11tle of T@M 1nC. t Gi-3r_ f A PERMANENT UTILITY EASEMENT THE STATE OF TEXAS COUNTY OF TARRANT } THAT(r)(WE), INTEL CORPORATION, a DELAWARE CORPORATION, hereinafter referred to as "Caaritor(s)",for and to consideration of Ten Dollars($10.00)and other good and valuable consideration paid by the City of Fort Worth, a municipal corporation of Tan-ant County, Texas, receipt of which is hereby acknowledged,do grant,bargain,and convey unto said City,its successors and assigns,the use and passage in, over, across, below and along the following parcel or tract of land situated in Tarrant County, Texas, in accordance with the plat hereto attached: Being a permanent and perpetual utility easement as above stated and legally described in Exhibit A,Easement No I and Exhibit A,Easement No.2.Attached hereto,and incorporated herein by reference for all purposes. It,s er-aged and understood that the City of Fort Worth will be permitted the use of the above described v strip4.ofland for the purpose of installing,maintaining,testing,repairing,removing or replacing utility lines and associated appurtenances. However,no such service shall include overhead utilities. TO HAVE AND TO SOLD the above described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging unto the said City of Fort Worth,its successors and assigns,forever. And I (We) hereby bind myself(ourselves), my (our) heirs, successors and assigns, to warrant and forever- defend,all and singular.the said premises unto the said City of Fort Worth,its successors and assigns,against every person whomsoever lawfully claiming or to claim the same or any part thereof. It is intended by these presents to convey a right-of-way to the said City of Fort Worth to maintain,construct and repair the above described improvements,with the usual rights of ingress and egress in the itwessby tse of such nght-of way,in and along said premises. IN WITNESS WHEREOF,Grantors have caused this instrument to be executed on the�44 day of , 191 Grantor:INTEL CORPORATION OY — - - 10 't r"1 "f.r Copy OF CORPORATE ACKNOWLEDGEMENTVY li'JI.N r;[}I:il CL k STATE OF 4tS 4 rr a•oa-t C0 UNTY OF T NI'A4,'LPt ) Before me,the undersigned authority,on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrurnerd,and ackno /edged to me that he/she executed the same as V ctCa sr AO'A�— for f e-iC Co ce"M on behalf of said W r 4 eve in capacity stated. Given under my hand and seal of office this the��day of 11—L-r 19922 WWI X4 WALiAGEE H.JJACOBS y Arq Notary Pub , of+exar Arizcna cc COPACOWN EVbas Rb 7.2013 My Commission expire on the day of Iq�34a� Datum tw CR! Republle Tft of Texas. Inc. 2626 HOWI St., 10th Floor Dallas. TX 75M UwePage i . i ACKNOWLEDGEMENT THE STATE OF TEXAS ) ) COUNTY OF TARRANT ) BEFORE ME, -- the undersigned authority, on thus day personally appeared, known to me, or proved to me to be the person whose name is subscribed to the foregoing instrument, and aclaiowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this the day of ,19 Notary Public,State of Texas My Commission expires on the day of 119 ACKNOWLEDGEMENT THE STATE OF TEXAS } COUNTY OF TARRANT ) BEFORE ME, the undersigned authority, on this day personally appeared, known to me, or proved to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this the day of ,19 Notary Public,State of Texas My Commission expires on the day of ,19 "I If A.lI I.,',Dq„rCT CCFY OF if f:ra,n I ff M 01 ACKNOWLEDGEMENT THE STATE OF TEXAS } COUNTY O1•TARRANT ) BEFORE ME, the undersigned authority, on thts day personally appeared, known to me, or proved to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this the day of ,19 i Notary Public.State of Texas F My Commission expires on the day of .19 CFWEPaW EXHIBIT A LEGAL DESCRIPTION 25'PERMANENT SANITARY SEWER EASEMENT PARCEL No. 15 Easement No. 1 Being an easement 25'in width situated in the J. Eads Survey,Abstract No. 410,the T.J.Bates Survey,Abstract No. 206,and the P.K.Matthews Survey,Abstract No. 865,Denton County, Texas and being a portion of that tract described in a deed to Intel Corporation,Tecorded in- Clerk's Filing No.97-0038793,Real Property Records,Denton County,Texas,said easement being more particularly described by metes and bounds as follows: COMMENCING at the northeast comer of Eagle Parkway,a public right-of-way dedicated in Volume 2769,Page 580,said county records,said point of commencing being the beginning of a curve to the left; THENCE 188.53 feet along the are of said curve to the left and along the northerly right-,of.,way of said Eagle Parkway,through a central angle of 09°47'19",having a radius of 1103.93 feet,the long chord of which bears N 63°59'04"W, 188.30 feet to the POINT OF BEGINNING,in a curve to the left; THENCE 25.01 feet along the arc of said curve to the left and along said northerly right-of-way, through a central angle of 01'17'55",having a radius of 1103.53 feet,the long chord of which bears N 69*31'42"W, 25.01 feet; THENCE N 20020'33"E,departing said northerly right-of-way,31.75 feet; THENCE N 72'30'23"E,338.21 feet; THENCE N 30'15'58"E, 199.77 feet; THENCE N 301154'50"E,245.65 feet; THENCE N 32°55'52"E, 162.42 feet; THENCE N 3405559"E,820.74 feet; THENCE N 30'54'48"E, 1450.71 feet; THENCE N 39'03'01"E, 135.79 feet; THENCE N 00021'25"E, 190.87 feet; 3 ;1 THENCE S 89'36'15"E, 129.68 feet; [.N)F;7 V[copy Ilt,�,. - THENCE N 29045'56"E,1265.96 feet; E '�.;;- .[::);r;,W EN1*;;Y THENCE N 30052'02"E,8S 1.12 feet; THENCE N 59007'58"W, 174.20 feet to the east line of a lift station site; THENCE North,along said east line of lift station site,29.13 feet; THENCE S 59`07'58"E,departing said lift station,214.14 feet; THENCE S 30`52'02"W,905.88 feet; C&B Job No. 971040024 August 5,1997 J:VOBk9 7 1 0 402 41SURIWPILEG104424Ei5.LEG Page 1 of THENCE S 29045'56"W, 1280.34 feet; THENCE N 89'36'15"W,119.28 feet: THENCE 5 00021'25"W,174.62 feet; THENCE S 39003'01"W, 142.79 feet; THENCE S 30°54'48"W,1449.81 feet; THENCE S 34055'59"W,921.18 feet; THENCE S 32055'52"W, 161.54 feet; THENCE S 30'54'50"W,245.07 feet; THENCE S 30'15'58"W,209.28 feet; THENCE S 72°30'23"W,335.62 feet; THENCE S 20020133"W, 19.59 feet to the POINT OF BEGINMNG and containing 151324 square feet or 3.474 acres of land more or less. do �.19•'f I COPY OF !N ' + � I.-,r r r '1TY CLEFtt 1 S r C&B Job No. 971040024 August 5, 1997 J:\JOB\97104024\SUR\WP\LEG\04024EI5.LEG Page 2 of 2 INTEL CDRPORATIDH TCy _ FILING NO. 97-0038793 �'NF D.C.R.P.R. sy �r f !Y W E Sr INTEL CORPORATION FILING NO. 97-0038793 D.C.R.P.R. SCALES V = 300' I - P-1 I p�ppp g`' 9 yP � y J. [FADS SURVIEW � L% - 40 EASEMENT NO. 1 25' PERMANENT E SANITARY SEWER A" f :? EASEMENT 0 �� 3. 474 ACRES ry — 114TEL CORPORATION FILING NO. 97-0038793 ='rydry hay r D.C.R.P.R. d•'�" 41 A.ti y C%b S h-; Jg,2' tie" 0.61^0.55" a ho R=1103.5]• L.CS_01• h 0210 25 31 75 30 ?.+1-E it ae ;1;n�n¢CT QQP'OF "30.23 520190593"M .� i. ] 7t g'IZ ,F II au,l 103, t 9 1. N 0 7V URIt p L=1163.53' L=18B.53' r 1217 160.�+ 3 O4"ri •s:6� .tp iae. a• DEsPu� b POINT G N ° C C — b 1 0BINIG NIND 4-a 0 a w a � c 9 ,�D �] J FW- v PARCEL NO.15 ..c $ EX IT A DATE 7-30-97 SHT NO, 25'PERMANENT SANITARY DRAWN ABC CAM a eue l— IHC SEWER EASEMENT DESIGNED I OF 2 wars+_be, JOB NO. 971040-024 CHECKED JFK EXHIBIT A LEGAL DESCRIPTION 25'PERMANENT SANITARY SEWER EASEMENT PARCEL No. 15 Easement No. 2 Being an easement 25'in width situated in the P.I .Matthews Survey,Abstract No. 865,Denton County,Texas,and being a portion of that tract described in a deed to Intel Corporation, recorded in Clerk's Filing No.97-0038793,Real Property Records,Denton County,Texas,said easement being more particularly described by metes and bounds as follows: COMMENCING at a 112 inch iron rod found in the westerly right-of-way of Interstate Highway 35W,from which the northeast comer of said Intel tract bears N 00°59'58"W,2 8.8 6 feet; THENCE S 30°52'02"W,along said westerly right-of-way,443.15 feet to the POINT OF BEGINNING; THENCE N 59007'58"W,291.18 feet; THENCE S 4600913311W,374.38 feet; - { THENCE South,at 5:741eet tote nortl§rdt coiner of a lift station site,continuing along the west line of said lift station site in all a distance of 72.53 feet; THENCE West,departing said west line,25.00 feet; THENCE North,83.18 feet; THENCE N 4600933"E,404.12 feet; THENCE S 59"07'58"E,310.26 feet to the westerly right-of-way of Interstate Highway 3SW; THENCE S 30°52'02"W,along said westerly nght-of-way,25.00 feet to the POINT OF BEGINNING and containing 19196 square feet or 0.441 acres of land more or less. A.1J)Ct?RIIFCT COPY OP "A' W i lf+f tf I d IP' • ::f IP,xr�`!� � T" .fi' rf. lI'�CLFR1f C&B Job No. 971040024 August 5, 1997 3:1JOB1971040241SUR1WP1i..EG1E15PT2.LEG Page 1 of I POINT OF COWENClNO. . EASEMENT NO. 2 530"52'02"e, 443.15' EASEMENT No. 2 rsgaO�,A 25' PERMANENT SANITARY �ti 3^i hs s8?s• SEWER EASEMENT p°",°'' y ay0?1- £ � 0. 441 ACRES 6 1 j NORTH 8' a STAT PON q 1y SOUTH ?9°pT 72.53' WEST 7� 25.00' Ty�6 LL NORTH 29.13' 1�_Z'_ 2�2 0. N a w ass yry° ti° 1 h EASEMENT Na. I 25' PERMANENT I SANITARY SEWER EASEMENT 3.474 ACRES It INTEL CORPORATION FILING N0. 97-0038793 0.C.R.P.R. r N s h� ryq W y 58�3fi'15"E 129.68, NO0°21'2S'E • 190.8r NS?35'15"x SCALD 1" = 300' �y [ T19.28'--� 174:52' ---�,_•--'---......___ CAPY OF J. (EADS suny( y "1wneil.CFlIN oy�Q a ;' t r1A'r 'i1�o1F '�'•NSY q Y Pl o T.J. & E B pp pp V[E V r v INTEL CORPORATION FILING N0. 97-0038793 K 6.C.R.P.R. w _ ]+ r Q p 1 •. ' T� O PARCEL NO 15 j a LL o a EXHIBIT A DATE 7-30-97 SHT.NO. CM M g 25'PERMANENT SANITARY DRAWN ABC `''`U a e"a "" SEWER EASEMENT DESIGNED OF 2 305 NO, 97I040-024 CHECKED JFK D197187976 CITY FW REAL PROPERTY 927 TAYLOR ST FT WORTH, TX 76102 -W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D D N O T D E S T R O Y I N D E X E D -- T A R R A N T C O U N T Y T E X A S S U E A N N E H E N D E R S O N -- COUNTY CLERK O F F I C I A L R E C E I P T T O: CITY FW REAL PROPERTY RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME 198007509 DR93 T008322 10/08/97 13 :39 INSTRUMENT FEECD INDEXED TIME 1 D197187976 WD 971008 13 :39 CG T O T A L DOCUMENTS: 01 F E E S: 21.00 B Y: ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. •.,, r,n3"STY�LFRis DBpW 1 DATE DE TFa[AS ! S NNE NIARSON,Cnu�y C n a d Conn�y and 5iat2 Gf111NTY DF 7ARRANT d e e t al the a�rnreInie and cnrrnd�dAY nit trument,file for o n the day of n lha day� in instnsment Numhe ' or ni the Vr, Page �I n'anl Cnunty,Texas. V rr', ',.5 ha n se ' Worlh.Texas this N7JINNE HFNDERSON.COU CLERK�J AR'A COl NW1 Y,TEXAS By I r v EXHIBIT C Depiction and description of the Encroachment Tier 11 Easement Enctaachment Agreement Page 12 of 13 PN22-000 82 03/2022 LEGAL DESCRIPTION ENCROACHMENT AREA NO. 1 LOT 51112-1, BLOCK 1 BEING a tract of land in the James Eads Survey, Abstract No. 410, in Denton County, Texas, being a part of Lot 5132-1, Block 1 of the plat of Trammell Crow 35 Eagle Addition, Lot 5R2-1, Block 1 and Lots 1-3, Block 2, an addition to the City of Fart Worth, Denton County, Texas, as recorded in Document No. 2022-252 in the Plat Records of Denton County, Texas, also being a part of Tract 2 as described in Special Warranty Deed to PR III/Crow Building E, F, G & L, LP, as recorded in County Clerk's Document No. (2022) 55513 in the Official Records of Denton County Texas (O.R.D.C.T.) and being more particularly described as follows: COMMENCING at a found crows foot at the common northeast corner of said Lot 5R2-1, the southeast corner of Lot 5R3 of Block 1 of the plat of Trammell Crow 35 Eagle Lot 5141, Lot 5R2, Lot 5R3, and Lot 5R4, Block 1, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Document No 2020-394 P.R.D.C.T., and being on the northwesterly right-of-way line of Interstate Highway 35W (variable 2 width right-of-way), from which a 1/2-inch found iron rod with yellow plastic cap stamped "HALFF" at an ell corner on the easterly line of said Lot 5R2-1 and an ell corner on said northwesterly right-of-way line bears South 30 degrees 21 minutes 45 seconds West, a distance of 120.20 feet; THENCE South 34 degrees 11 minutes 27 second West, a distance of 426.45 feet to the POINT OF BEGINNING; THENCE South 30 degrees 23 minutes 37 seconds West, a distance of 1.00 foot to a point far corner; THENCE North 59 degrees 37 minutes 00 seconds West, a distance of 38.98 feet to a point for corner; THENCE North 30 degrees 23 minutes 37 seconds East, a distance of 1.00 foot to a point for corner; THENCE South 59 degrees 37 minutes 00 seconds East, a distance of 38.98 feet to the POINT OF BEGINNING AND CONTAINING 39 square feet or 0.0009 acres of land, more or less. NOTES A plat accompanies this legal description. _ The Basis of Bearing is the Texas Coordinate System of 1983, North Central Zone (4202). All distances shown hereon are surface distances. Surface Adjustment Scale Factor: 1.00015063. The undersigned, Registered Professional Land Surveyor, hereby.cerlifteg Ahat tF�P foregoing description accurately sets out the metes and bounds of the encroachment tract. EXHIBIT C - METES & BOUNDS ENCROACHMENT AREA NO. 1 DOUGLAS A.CALHW4 35 EAGLE PHASE III BUILDING G IN THE JAMES EADS SURVEY e. ABSTRACT NO. 410 SUR LL CITY OF FORT WORTH, ❑ENTON COUNTY TEXAS DOUGLAS A. CALHOUN The Basis of Bearing is the Texas Coordinate system of 1583, North Central Zone REGISTERED PROFESSIONAL (4202)-Alldistancesshownhereonaresurfacedi stances.Surtace Adjustment 5caIP FaLLoC 1.00015063. LAND SURVEYOR NO. 5619 4nnn FOSSIL CREEK BLVD h DGN: AVO: 34575 FORT WORTH,TEXAS 76137 MEN HALFF dcalhoun@halff.com a"11 F05S4 CRE1-K RLv6 FORT WORTI I,TrX&S 76137(B17)647-i422 DATE: W1512022 PAGE NO.: 1 OF 2 TSPL5 FIRM NO 1uu7ft75 FND CROWS 0 15 30 45 6a S 59' 38' 15' E __ 551.16'_ FOOT LINE TABLE _ I SCALE 1"=30' NO. BEARING LENGTH I S 30' 21' 45' W POINT N 120.20' Li 5 30°23'37"W 1.00' COMMENCING tL42N 59'37'00"WN 30°23'37"F 1.00' S 59' 38' 15' E S 59'37'00"E 38.98' ! I 9.79, I 5 30' 21' 45' W TR AMMELL CROW 35 270.06' EAGLE ADDITION v 1 I LOT SR2-1,BLOCK I_ AND LOTS 1-3,BLOCK 2 f DOC.NO.2022-252 I I 1 1 1 I 11 I II J P.R.D.c.T. III �' II I �- LOT 5f?2-1,B.L.00K 1 I I I J ''► I. .1 1111•:w F:.11lw til'kl"F:1 I I I 1 ' ^��1 � � 11C.STRV-T NO. 110 j I � — ! POINT OF +.� �._ BEGINNING c L3 I PF c _ PFC P Li 1 211 �—25•PERAIAATM urRrrr I •�-� ` I I I I fSAl EASEMENT ANTARY SEWER EASEMENT) 1 I J 1 1 I DOC o R g c T.-MI di sus I I � II I I I I I I 201 U/NDEERCRDLWD P111C J J_J urturY EASEMENr 35'DRAINAGE ! (WATER LINE EASEMENT) 1 EASEMENT I ! J DOC Ar0 97-R0d49388 DOC.NO.2020-394 P.R.D.C.T. i 1 ( i 50'QUIL DING LINE 25 UNDERGROUND UTILITY ! I EASEMENT PER RESERVAT1dNS , SW8 d1C+fo AT&T ll RECt7RDE0 IN VOL.3695,PG.199 EASEMDVNr V { 1 I ! I D.R.O.C.r.6 , C.77 Na 93-R405rO84 STdI I 96-RQ024d66,9P-R4QSTQ84 = 1 123074 f2017) [1NOERGRO[lAR7 UTILITIES DOC 97-R-0038792,R.A,RD.C.T. I ' NG. I I N' I n 0.A0.0 T. t l EASEMENT AND RIGHT OF WAY I I I > I I I I I p N I I I pNCpR ELECTRIC DELIVERY LLC OFC NO.r25514 f20I71 t O.R.O.C.T. I I III I j tr' I I 1 ! 1 I I III I IV) 1 I I f S ' 1ST BAti'�S EXHIBIT C - METES & BOUNDS --LEGEND • o ENCROACHMENT AREA NO. 1 rL ENCROACHMENT AREA DOI GLRS i4.GALHDUh! 35 EAGLE PHASE III BUILDING G • FOUND IRON ROD ...,•••.....�...c..........• s ••r•••• q �V.�❑ v� IN THE 1/2 SET IRON ROD WITH :'4 i] .7 T7 SIR---0 YELLOW PLASTIC CAP S Q ,. JAMES EADS SURVEY STAMPED HALFF (�'+ S S�,.•' ABSTRACT NO.410 CM CONTROL MONUMENT yQ•31�R••� CITY OF FORT WORTH, DENTON COUNTY TEXAS PROPOSED LOT LINE EXISTING EASEMENT LINE Ek'ST6'NG BUILDING SETBACK ❑OUGLAS A. CALHOUN The Basis of Bearing is the Texas Courdinatc System of 1983, North Central Zone EXISTING PROPERTY LIVE REGISTERED PROFESSIONAL (4202].All distances shown hereon are surface distances,Surfaro Adjustment wale — APPROXIMATE 5URVEY LINE Factor:1.00015063. LAND SURVEYOR NO. 5619 4000 FOSSIL CREEK BLVD DGN. AVO: 34575 FORT WORTH,TEXAS 76137 HALFFSM ■ ■ dcalhoun@halff.com 4W)FOSSIL CREEK SLVO. FORT WORTH.TEXAS 761V(817)M7-1422 DATE: 811&2022 PAGE NO.: 2 OF 2 TePt,S f'Riv-NO 10029fiQS I I , LEVER EXSWEINT ,[=EXISTING 1&'VATE= ■Ili ����� �� I oil �RI 1 rl::i "'ice � r. { ■, r. r. r. i-...... ..;;-• - ■� ■_ ■■ : ---------- BUILDING G ■■0 no ' ' i : n 10 ON 1156! 001 EASEMEXT ::r .. ENCROACHMENT a. ■■ ■i Sown ■L� EK&IMEL101010 ■■■■■1■■1p-2w WATER 4:—:" i���1■■■�r■■�� MEN - - - - - - - - - - - - - - - - I LINE EsAfT UK EASCMENI I ENCROACHMENTPOINT CONTROLPOINT MEN 1111 ■ LFF '� ' • DATE. r: i ■ LEGAL DESCRIPTION ENCROACHMENT AREA NO. 2 LOT 5R2-1, BLOCK 1 BEING a tract of land in the James Eads Swriey, l bstraet No,410, in Denton County, Texas, being a part of Lot 5R2-1, Block 1 of the plat of Trammell Crow 35 Eagle Addition, Lot 5R2-1, Block 1 and Lots 1=3, Btotk 2,' an addition to the City of Fort Worth, Denton County, Texas, as recorded in Document No. 2022-252 in the Plat Records of Denton County, Texas, also being a part of Tract 2 as described in Special Warranty Deed to PR III/Crow Building E, F, G & L, LP, as recorded in County Clerk's Document No. (2022) 55513 in the Official Records of Denton County Texas(O_R.D.C.T.), and being more particularly described as follows: COMMENCING at a found crows foot at the common northeast corner of said Lot 5R2-1, the southeast corner of Lot 5R3 of Block 1 of the plat of Trammell Crow 35 Eagle Lot 5R1, Lot 5R2, Lot 5R3, and Lot 5R4, Block 1, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Document No 2020-394 P.R.D.C.T., and being on the northwesterly right-of-way line of Interstate Highway 35W (variable width right-of-way), from which a 1/2-inch found iron rod with yellow plastic cap stamped "HALFF" at an ell corner on the easterly line of said Lot 5R2-1 and an ell corner on said northwesterly right-of-way line bears South 30 degrees 21 minutes 45 seconds x West, a distance of 120.20 feet; x THENCE South 37 degrees 11 minutes 35 seconds West, a distance of 388.70 feet to the POINT OF BEGINNING; THENCE South 30 degrees 23 minutes 37 seconds West, a distance of 0,50 feet to a point for corner; THENCE North 59 degrees 36 minutes 23 seconds West, a distance of 21.19 feet to a point for corner, THENCE North 30 degrees 23 minutes 37 seconds East, a distance of 0.50 feet to a point for comer-, c THENCE South 59 degrees 36 minutes 23 seconds East, a distance of 21.19 feet to the POINT OF BEGINNING AND CONTAINING 11 square feet or 0.0002 acres of land, more or less. NOTES A plat accompanies this legal description. The Basis of Bearing is the Texas Coordinate System of 1983, North Central Zone (4202). All distances shown hereon are surface distances. Surface Adjustment Scale Factor; 1.00015063. The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description P accurately sets out the metes and bounds of the encroachment tract. t. P S 0,F• ;r ti3T� q EXHIBIT C - METES & BOUNDS ENCROACHMENT AREA NO. 2 •.•• ^4'••" 35 EAGLE PHASE III BUILDING G ,QDI�G..A�.I .l� H(?Ui . ........... ..,........ IN THE y 5619 t{ - JAMES EADS SURVEY 4 �f r �FSS 0 ABSTRACT NO. 410 CITY OF FORT WORTH, DENTON COUNTY TEXAS DOUGLAS A- CALHOUN The Basis of Bearing is the Texas coordinate Systcm of 1983, North Central Zone REGISTERED PROFESSIONAL (42Q2).All distancesshown hereon are surface distances.Surface Adjustment SrxfP Factor;1.00015063. LAND SURVEYOR NO, 5619 HALFF DGN: s 75 , 4000 FOSSIL CREEK BLVD FORT WORTH,TEXAS 76137 ow rossiLCR=OLVD FORT VKHM.TEXAS 78137(517)$47-1422 DATE: 811512022 PAGE NC.: 1 OF 2 dcalhoun@halff.com 78PL$FIRA4Y0.fop$yH}5 TRAMMELL CROW 35 EAGLE ADDITION LOT 5112-1, BLOCK 1 AND LOTS 1-3, BLOCK 2 SMB 0/b/c7 AT&T DOC. NO. 2022-252 EASEMENT FOR P.R.D.C.T. UNDEHGHOLWO UTILITIES DOC NO,F23074 (zOITi }.i3 TI2�,C'T 1 U. Ito O.H.O.C.7 EASEMENT AND RIGHT OF WAY oNcoR EDOCRNO.126s,aR 2017) LOT 5R2-1, BLOCK 1 0 10 20 30 40 O.R.D.C.T. —— —————— ----------- - ------- SCALE: i"=20' L3 PFC PFC 25'PERMANENT UTILITY EASEMENT N0.1 (SANITARY SEWER EASEMENT! DOC NO 2004-141925 DJR-0,_C-T_ L2 4 1 POINT OF BEGINNING - - �� ----- PFC 1 -- - -- -- --- -- LI I=Fc ------- --- - . - - `- ———— —.— —J-------- —————— —— — — — — � j?• - ---- �1jf3 35'DRAANAGE ~ s' EASEMENT 2O'UNDERCROUND PUBLIC 1_DOC.NO.2020-394 UTILITY EASEMENT P T,R.D.C. . � (WATER LINE EASE'kRFiJT) 319. DOC NO 97-R0008388 r0- 0.R.D.C.T. ` -- FOUND S 30 21' 45' w � cRaws 120.20' �d� i!2'FIH YY/` I HALFF•CqI12'FIR OINT OF J OMMENCING S 30 2I` 45' W :Z0.Q6� W7 'NALFF'GAP LINE TABLE No. BEARING LENGTH L1 S30'23'37"W 0.50' ---NORTH FREEWAY (13:_ �W)_----- -------- L2 N 59"36'23"W 21.19' (V:l[ 1;1T1[.F 11 fDTTi P.O.W.) L3 N 30"23'31"E 0.50' s L4 S59'3G'23"E 21A9' - ------------- - --------LEGEND -- — ti� �OF a EXHIBIT C - METES & BOUNDS �— �+ 9�° "go ENCROACHMENT AREA NO. 2 L_! ENCROACHMENT AREA 35 EAGLE PRASE III BUILDING G i FOUND IRON ROD DOUGLAS A.CALHOUN IN THE 112 SET IRON ROD WITH �......................... � ' o SIR` 0 YELLOW PLASTIC CAP t " JAMES FADS SURVEY STAMPED HALFCONTROL 17 ABSTRACT NO.410 GMPRQPOSEDML4T LINE Cry r S PC,� � CITY OF FORT WORTH, DENTON COUNTY TEXAS _ EXISTING EASEMENT LINE '' EXISTING eUILDxc sETigAClc DOUGLAS A. CALHOUN ——The Basis Of Bearing is the Texas Coordinate System of 1983, North Central Zone EXISTING PROPERTY LINE REGISTERED PROFESSIONAL_ (4202).All distances shown hereon are surface distances.Surface Adjustment Scale APPROXIMATE SURVEY LINE LAND SURVEYOR NO. 5619 Factor:1.000iSD63. 4000 FOSSIL CREEK BLVD ■■■ HALFF DGN; AVO: 34575 FORT WORTH, TEXAS 76137 ■ ■ dcalhoun@halff.com 4000 FOSSIL CRESiX Bow FORT WORTH,TEXAS 76117(817)647-1422 DATE: 8115022 PAGE NO.: 2 OF 2 TBPLS FIRM NO 10029605 660 �a 660 —PRIVATE DRIVE .Tr Nw_4__;N ----------- DR 9 655 -- - - a�Wu� W=! ---- - - 655 - ------ ——— ---— — cxm,zclp c wx F- (AWr-ram 'Afj, 650 -- - - - - - - - -- ...... 650 " --- - w— — -- - ---+�- - - - --------�- --------- - -�-.-- -�4_;--•J• :a -- 444- - ;-;-4- ;-� ; -�-s +-+-1- 645 645 640 -- - - - - - - - -- - - 640 PROP-GROUND LINE �-� ; r - PROP B` M TER- - ---- - - r- - - ----F- - ---- -F- -- - - -4---- - ---- - -- - -- -- - ---- - - -- 635 635L°635 56 ok BUILDING G L_1 .EXk GROUND LINE --' '- �-�-� -x-� - Ex.UNOERGROUNO-�- EL . - ECrRIC___;_ _; 63❑ -;FLU 631.oO +I-_; - 63d - - --------- - ---- - -- E1( [2]b'x5 RC6 STA 1+52.99 55 LAT O - -STORM LINE A: INSTALL PLM CLEANOUT --- - - - SEE MEP PLANS FOR _FL=627.5 k CONTINUATION as oR vruee FL 6'(OUT)--622.32 EVSTIC IO EAS>)ENT OIK;011 625 -- -: i- -- i-i 625 Mr_ND.2020119" EASEmEWr L P.Rad.T. E 620 6-'PVc�- - -- - - 620 — -ENCROACHMENT Nd.2 ON 1.0% - - — -- - - - - — 1 SF +_I- -F- -I-;k_+4-Ir-Ir-i-i_J- -44-{-f 615 -- - -:SS LAT -- - - 615 fc 57A 1+11.14 55 LAr 8 CONNECT TO E%.6" REMOVE PLUG ..4.L.1. .J.s.:..4.1.i.l.J.J....L.l.i.l.J. R 61017I.AN 9 F/- r -: =- 1 — IN35W SBFR 610 - - --;-� -� +-� ; --I s +-+ p- 610 _ —_—— — — ——— - -� +_ _ _rq_ _ _ _ ____ _ _ _ _ _ - 'M7 M RATpi ........................ LIE FLrt- -�N- 605 _ _ _ _ _ _ -i-T-1-;--•9_ a-T� r-�-f' -T-1-;-7-•r- _ _ _ _ _ __ 600 - - - - - - - 600 1+00 2+00 o zs sc 7s Sao SCALE'1•60' LEGEND: d EP1 ENCROACHMENT POINT CONTROL POINT # CP1 MEN HALFFEXHIBIT C- ENCROACHMENT NO.2 111 35 EAGLE PHASE Ill 3W PARKWOOOBLVD.SLITE&$0 BUILDING G FHSC�TE1U97503i-084U DATE.08/10/2022 E�A�VO: 34575 FOH1 VwOHTH,T-XAS FV 21� EA.S75 FAX 2"4 Vp_F,7- F 1 LEGAL DESCRIPTION BERM ENCROACHMENT AREA LOT 51112-1, BLOCK 1 BEING a tract of land in the James Eads Survey, Abstract No. 410, in Denton County, Texas, being a part of Lot 5132-1, Block 1 of the plat of Trammell Crow 35 Eagle, Lot 5132-1, Block 1 and Lots 1-3, Block 2, an addition to the City of Fort Worth, Denton County, Texas, as recorded in Document No. 2022-252 in the Plat Records of Denton County, Texas, also being a part. of Tract 2 as described in Special Warranty Deed to PR III/Crow Building E, F, G & L, LP, as recorded in County Clerk's Document No. (2022) 55613 in the Official Records of Denton County Texas (O.R_D.C.T.) and being more particularly described as follows: BEGINNING at a found crows foot at the common northeast corner of said Lot 5R2-1 and the southeast corner of Lot 5R3, Block 1 of the plat of Trammell Crow 35 Eagle Lot 5R1, Lot 5R2, Lot 5R3, and Lot 5R4, Block 1, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Document No 2020-394 P.R.D.C.T_, and being on the west right-of-way line of Interstate Highway 35W(variable width right-of-way); THENCE South 30 degrees 21 minutes 45 seconds West, along said west right-of-way line, a distance of 120.20 feet to a 1/2-inch found iron rod with yellow plastic cap stamped"HALFF"(hereinafter referred to as"with cap")for comer; THENCE South 59 degrees 38 minutes 15 seconds East, continuing along said west right-of-way line, a distance of 9.79 feet to a 112-inch found iron rod with cap for corner; S THENCE South 30 degrees 21 minutes 45 seconds West, a distance of 270.06 feet to the point of curvature of a circular curve to the right, having a radius of 180.00 feet, whose chord bears South 37 degrees 48 minutes 33 seconds West, a distance of 46.66 feet; THENCE Southwesterly, continuing along said west right-of-way line and along said circular curve to the right, through a central angle of 14 degrees 53 minutes 37 seconds, an arc length of 46.79 feet to the point of reverse curvature of a circular curve to the left, having a radius of 220.00 feet,whose chord bears South 37 degrees 48 minutes 54 seconds West, a distance of 56.98 feet; THENCE Southwesterly, continuing along said west right-of-way line and along said circular curve to the left, through a central angle of 14 degrees 52 minutes 56 seconds, an arc length of 57.14 feet to a point for corner; THENCE South 30 degrees 22 minutes 25 seconds West, a distance of 281.58 feet to the point of curvature of a circular curve to the right, having a radius of 25.00 feet, whose chord bears South 62 degrees 33 minutes 26 seconds West, a distance of 26.63 feet; 9 J7 E C O ems;•�,o ��.,t�+ EXHIBIT C - METES & BOUNDS re ° .................. ENCROACHMENT AREA NO. 3 DOUGLAS A.CALHOUN 35 EAGLE PHASE III BUILDING G "''�a""'t�' S" IN THE `Q'rF 51 JAMES EADS SURVEY ABSTRACT NO.410 CITY OF FORT WORTH, DENTON COUNTY TEXAS 4 ❑OUGLAS A. CALHOUN The Basis of Bearing is the Texas Coordinate System of 1983, North Central Zone REGISTERED PROFESSIONAL a (4202).All distances shown hereon are surface distances.5urfke Adjustment Stale Factor,1.00015063. LAND SURVEYOR NO. 6619 4000 FOSSIL CREEK BLVD .00 HALFF DEN: AVo: 34575 FORT WORTH,TEXAS 76137 4000 FossIL CREEK 13LVO FORT WORTH,TEXAS 78107(817)a47.1422 DATE: WIM022 PAGE NO.: 1 OF 2 dcalhoun a@halff_com T13PLS FIRM NO.10020605 THENCE Southwesterly, continuing along said west right-of-way line and along said circular curve to the right, through a central angle of 64 degrees 22 minutes 01 second, an arc length of 28.09 feet to a point for corner; THENCE North 85 degrees 15 minutes 33 seconds West, continuing along said west right-of-way line, a distance of 2,54 feet to a 1/2-Inch found iron rod with cap on the northerly right-of-way of Heritage Parkway as dedicated by the plat of Trammell Crow 35 Eagle, Lot 3, Lot 4, and Lot 5, Block 1, an addition to the City of Fort Worth, Denton County, Texas as recorded in Document No. 2016-195 P.R-D-C_T., and being on a non-tangent circular curve to the left, having a radius of 71.00 feet,whose chord bears North 27 degrees 08 minutes 54 seconds West, a distance of 19.08 feet; THENCE Northwesterly, departing said west right-of-way line and along said northerly right-of-way line and along said circular curvato the left,through a central angle of 15 degrees 26 minutes 40 seconds, an arc length of 19.14 feet to a point for corner; THENCE North 30 degrees 22 minutes 08 seconds East, departing said northerly right-of-way line, a distance of 787.99 feet to-a poir*t#or corner; THENCE South 59 degrees 38 minutes 15 seconds East,along the common line between said Lot 5R2-1 and said Lot 5R3, a distance of 36.19 feet to the POINT OF BEGINNING AND CONTAINING 30,536 square feet or 0.7010 acres of land, more or less. NOTES A plat accompanies this legal description. The Basis of Bearing is the Texas Coordinate System of 1983, North Central Zone (4202). All distances shown hereon are surface distances. Surface Adjustment Scale Factor; 1.00015063. The undersigned, Registered Professional Land Surveyor,hereby certifies that the foregoing description accurately sets out the metes and bounds of the encroachment tract. E 0 F 'r,,. EXHIBIT C - METES & BOUNDS a , ENCROACHMENT AREA NO. 3 """"""""""" 35 EAGLE PHASE III BUILDING G ..��GLA�A.� I�H O................................UN f de IN THE 'Q ii JAMES EADS SURVEYys �°i ABSTRACT NO. 410 SaN CITY OF FORT WORTH, DENTON COUNTY TEXAS DOUGLAS A. CALHOUN The Basis of Bearing is.the Texas Coordinate System of 1983. North Central Zone REGISTERED PROFESSIONAL (4202).All distances shown herpnn err surfare distances.Surfare Adjustme nt Scale Factor,:1,00015063, LAND SURVEYOR NO. 5619 a : : HA F 'L3GN° AVO: 34575 4 FOSSIL CREEK BLVD ■■■ FORT WORTH,TEXAS 76137 AWO FOSSIL CREEK BLYO dcalhounl�halff.com TBPtS FIRM 40 1 X29605 1--won i n,..XA57st:17(817)847-1422 DATE: B41512022 PAGE NO.: 2OF2 —�e�•s•ri;sR;x�a•,-�� amo: -amasoo :mm:©mom A: .amo: amamo: � ;; ire OEM � ma;3mema AD oe70 Aeomoe�o oe©m,aaao ieom ,, VolI ice■ i ��■■��I a Man ffor �1d n ., Ioo p,i �aoaaa �►� II am All am03 �R�� .,g •tom,arm � •� .. _ ;� 3e tiIR__ Siam �'�� �_ �■ ',,ee, 3m � IW:,Bm ='I f �aaaoa so Jp- ## 3� IO ' P 1 ml a+ Amn OG m 3A OS 03 Am Am03 Am am 3m !:�Bixzi,�'�1ie9bw a y y y y i i i iQ� To?oT � 3S � � a T �ow ■ .1 T L ^1 F� 9z 0.0 a w w w u r w > u - - - 'i i i y � g P OS ► [[ P of 2 ffi 'S 7 S 7 i ;F P S N Q V Y 4 r $� Fk F � 3§ � a� � 35 EAGLE BUILDING G EAGLE PARKWAY, FORT WORTH,TEXAS AVM)iMVd IDVL183H i I I I � ® _ 11111 I 1 I � l i = — I , 1 ' � II 0 l I I � I I II I; I I� 1 � i i ® i , II I ; I I � 1 I � 0 ' i5 ® i / •+1 +il E �R — r — -- ---- — — -- — — 9 ate �Im Am Sr e am14 . lilt 19f b o r111111111me !' a 35 EAGLE BUILDING GCD s, i IP m rm IIII ED IIII � 1 IIII LW I 2 m c� m _ z t e 'CO 6II n {a a va LII N m O y ' AZ Cern r x mm � � � =v x � m ❑ � � 9 A r�p 2 2 � r O p p a p p O O a xiO Q O p p Nay gip$ X � sy 35 EAGLE BUILDING G EAGLE PARKWAY, FORT WORTH,TEXAS Z p 0 a ,M] osx> � 07 C) a) ho N W to woo a C x y P�a7 i i i i i i i i i i i i l i i l l i I I i I I i i I I i t m Am m a Pnx i iiiiiiiii Ililllill III �rn �� II I I III II IIIIII III 0m i 0 1 g� ➢� I I I I i I I I pa �0 Yv' wm cu rn ��.1I I i i i i S ❑i AZ�Z] i I i i i i i i i i i i i i i — m r n nrn a i Iti ~�L 1()p OF cUFtd • I i i i i i � ' y i i I I �m m�yi0o O CURB �f y( U5 U (a V Nav _ a Yv� N i �rn-�' i Z min i c 0 p - m a CD m I I I I 1 1 1 1 I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Ili I _ I IIIIIIIII IIIIIIIII I I I I i I i I I I I I mc: I I „III IIIIII Illllllll Q m� on W i i i i i i i i i I i i I i I I i I I i i I I I I I i I I i i I I I I I I I I I I I I I I I I I I I I I I I 1 1 1 1 1 1 1 1 11 1 1 1 1 1 1 I l i l l l i l l I I I 1 1 1 1 1 ❑] m v7 m N W 4�-- L]� a a a 35 EAGLE BUILDING G EAGLE PARKWAY, FORT WORTH,TEXAS EXHIBIT D Franchise Utility Letters of Consent AT&T AT&T Right-of-Way 13645 FAA Blvd. Fort Worth,TX 76155 August 24,2022 Chase Alexander Trammell Crow Company 2100 McKinney Avenue,Suite 800 Dallas,TX 75201 RE: AT&T Letter of No Objection—Utility Easement Encroachments 35 Eagle Development—Tract 1,Parcels A &B--2013-145803 Fort Worth,Denton County,Texas Mr.Alexander, Southwestern Bell Telephone Company,dlbla AT&T Texas,has no objections to the multiple encroachments for the property referenced above near I.35W and Eagle Parkway. It is not the intent of this letter to waive any rights granted to AT&T in said platted utility easements or right-of-way except to permit this encroachment. AT&T shall continue to have unrestricted access to,on and across the easementlright-of-way for installation,repairs, replacement,or upgrades to facilities. There could be overhead and/or underground facilities within the area. Exercise extreme caution with respect to such facilities. Contact Texas811 for underground locates before any digging is done. Costs of any damages to facilities would be at your expense. Please let me know if you have any questions or concerns. Sincerely, q7 E7, gwt"� Ray A. Garcia AT&T-Manager OSP Planning&Engineering Design l Right-of--Way 817-550-7576 raV.Mda(�att.com a AXI'MOS energy August 23,2022 Trammell Crow Company NW Corner of Eagle Parkway and I35 Re: Encroachment into utility easement Trammell Crow Company Upon your request I have reviewed the location of gas facilities near your site. Atmos does not object to the encroachment at the property listed above. Verification of the gas line can be obtained through 811 Call Before You Dig. Any damages due to the encroachment will be billed to the parties causing the damage. If you have any questions please call me at 214-549-7144. Sincerely, Bobby Oncy Project Manager Atmos Energy Corporation 100 West Monungside Fort Worth,Texas 76110 t6O C R Date: August 22, 2022 TRAMMEL CROW Company, Chase Alexander 2100 McKinney Avenue, Suite 800 J Dallas, TX 75201 Areas of encroachment: : 135W, North Freeway and Eagle Parkway, Fort Worth, Denton County, Texas Re: X: Buildings C, E, F, G & L ENCROACHMENTS into Public Utility easement Dear Mr. Alexander have received your request to consent to encroachments of landscaping and grading additions in the above referenced locations in which a portions of the designated Platted Utility Easement has been inspected. Oncor does have facilities located within the above mentioned easement, and based on our inspection of the location of the proposed facility, we see no negative impact upon our ability to maintain our facilities. It is not the intent of this letter to waive any rights granted to Oncor in said easement except to permit this encroachment set out hereinabove. It is also understood that any damage to underground electrical lines from tree roots will be reimbursed to Oncor electric from the property owner of trees planted in the utility easement referenced above. Oncor shall continue to have unrestricted access to, on and across the easement_ Oncor maintains the right to utilize the entire easement for its needs if ever needed and will not be responsible for any damages incurred during the process. If you have a uestions or ne additional information, please contact the Oncor office at (8'17) 443- 43 ... Sin~ �... Budd G. Rodgers, SRNVA 7860 Winbrook Dr Benbrook, TX 76126 432-234-9052 Spectrum ,,, August 20, 2022 Chase Alexander Trammell Crow Company 2100 McKinney Ave, Suite 800 Dallas,TX 7S201 SUBJECT: Utility Coordination of 3S Eagle Pkwy, Fort Worth,TX 76177 We have reviewed your request for the above referenced property, and Spectrum Communications hereby states there are no objections with the proposed construction within the limits of 35 Eagle Pkwy, Fort Worth,TX 76177. Spectrum Communications retains the right of access to any remaining partial or full utility easements on the property for the purpose of future construction or maintenance of existing facilities. If applicable, please contact the Texas Excavation Safety System (Texas811) to have facilities marked & located within affected easements before any excavations are started. For future reference, please send all utility coordination, abandonments, encroachments, plat signatures, or serviceability requests, or notices of relocation to west-engineering-relo@Spectrum.com. Please share this information with whoever needs these services. Sincerely, Tobo Hfimm Construction Coordinator III Toby.hamm@charter.com 682-304-7786 EXHIBIT E Certificate of Insurance Tier 11 Easement Enctoachment Agreement Page 13 of 13 PN22-000 82 03/2022