HomeMy WebLinkAboutContract 58160 Date Received: 09/30/2022 Record Number: PN22-00081
Time Received: 8,54 am City Secretary No.: 58160
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
TIER II
THIS AGREEMENT is made and entered into by and between THE CITY OF
FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City'),
acting by and through its duly authorized City Manager, Assistant City Manager, or
Director of the Development Services Department, and PR III/Crow Building E, F, G, &
L, LP, a(n) foreign 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 15200 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
owns a water easement (the "Public Property") adjacent to the Property as shown
in the attached Exhibit "B," which is incorporated herein for all purposes, and as
recorded in the deed rem of Denton County as 2004-141925 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 in, 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 unprovemerrts 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
on Exhibit "C," but only to the extent shown thereon, for the purpose of constructing,
OFFICIAL RECORD
Tier H Easement Encroachment Agieenvnt
PN2MW81 CITY SECRETARY
FT.WORTH,TX
installing, and maintaining a private water line, berms, landscaping and irrigation (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.
Tier II Easement Encroachment Agreement Page 2 of 13
PN22-00081 Revised 11/2020
5.
Upon termination of this Agreement, Licensee shall, at the option of and at no
expense to the City, remove the Encroachment and restore the Public Property to a
condition acceptable to the Director of Transportation and Public Works, the Director of
the Water Department, the Director of the Development Services Department or their
duly authorized representative. Any such removal of the Encroachment shall be in
accordance with then-existing City regulations and policies. It is understood and agreed
to by Licensee that if this Agreement terminates and Licensee fails to remove the
Encroachment and restore the Public Property, Licensee hereby gives City permission to
remove the Encroachment and any supporting structures from the Public Property, to
restore the Public Property, and to assess a lien on the Property for the costs expended by
the City in taking such actions.
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.
8.
It is further understood and agreed between the parties hereto that the Public
Property to be used and encroached upon is held by City as trustee for the public; that
City exercises such powers over the Public Property as have been delegated to it by the
Constitution of the State of Texas or by the Texas Legislature; and that City cannot
contract away its duty and its legislative power to control the Public Property for the use
and benefit of the public. It is accordingly agreed that if the governing body of City may
at any time during the term hereof determine in its sole discretion to use or cause or
permit the Public Property to be used for any other public purpose, including but not
being limited to underground, surface, or overhead communication, drainage, sanitary
Tier 11 Easement Encroachment Agreement Page 3 of 13
PN22-00081 Revised 11/2020
sewerage, transmission of natural gas or electricity, or any other public purpose, whether
presently contemplated or not, that the parties agree to negotiate in good faith in order to
accommodate both the Encroachment and the public purpose.
9.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, OF WHATSOEVER 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
$190009000
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
PN22-00081 Revised 11/2020
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
PN22-00081 Revised 11/2020
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
PN22-00081 Revised 11/2020
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;DJ Harrell(Sep 27,202210M CDT)
By: �
D.J.Harrell, Director of the N e:Jake Marks
Development Servicgal R q` cqt, -1')tle: Senior Vice President
Date: Sep 27, 2022 Date: q11414
ATTEST: Approved As To Form and Legality
'77 47ee� `'
ette S.Goodall(Sep 29,2022 14 CDT)
Jannette GoodA Tbonws Rmlyre-Hmnieff
City Secretary Assistant Ciry Attorney
Sep 29, 2022 Date: Sep 26, 2022
d �Df�R rah Contract Compliance Manage r:
x�o° �d By sing I acknowledge that I am the person
!• ° ,♦d responsible for the monitoring and admi laft�
v o o= of this contract,including ensuring all perk nTmance
° and reporting requirements.
600000 Ay
a Z �44p Ma&Tr"I�v on b half of
Mats Tilly on behalf of(Sep 26.202214:10 CDT)
Janie S. Morales
Development Services
Date; Sep 26, 2022
OFFICIAL RECORD
CITY SECRETARY
Tier II Easement Encroachment
Agreement PN22-00081 FT. WORTH, TX
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 2022
Wendy L. digitally signed by Wendy
L Beardslee
Beardslee Date:2022.09.2714:27.31 1(9
G` WEND to BEEARDSLEE
500 lic
STATE nF TEXASNotary Public in and for the State of Texas Notary I.D. 13323719 3
of IN Comm. Exp. Jul 2a, 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 H Easement Enewachment Agreement Page 8 of 13
PN22-00081 Revised 11/2020
STATE OF -Kjy L!5 §
COUNTY OF O Ak I GtS §
BEFORE ME, the undersigned authority, a Notary Public M and for the State of
T-XWo , on this day personally appeared Jake Marks, Senior Vice President (Title)
known to me to be the person whose name is subscribed to the foregoing instrument, and
a6mowledged to me that he or she executed the same for the purposes and consideration
therein expressed, as the act and deed of PR III/Crow Building Fi F, G & L, LP, a
Delaware limited partnership (entity type), and in the capacity therein stated.
GIVEN CINDER MY HAND AND SEAL OF OFFICE this I j day of g,YliL
2Q 12-0-
Notary Public in and for the �'**r pL
�/ SAMANTHA WILCOX
State of K S r kotary ID 013331482,
;,� i+" MY Commissfon Expires
w SePtember 3. 2025
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Tier 11 Easenrnt Encroachment Agwement Pagc9 of 13
PN22-OOD81 Revised 11/2020
EXHIBIT A
Legal Description of the Licensee'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 I-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 I 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 5RI, 5R2, 5R3 and 5R4,Block I 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 I 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/13 58,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 I 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.2011-103169, 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 III/Crow Buildings A,H&J,LP,a Delaware limited partnership and PR III/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.
TRACT 1:
BEING a tract of land in the James Eads Survey,Abstract No. 410,in Denton County, Texas, and being all of that
called 2.662 acre tract ofland described as Tract I in Special Warranty Deed to 2801 Eagle Parkway Land,LLC as
recorded in document No. 2015-73241 O.R.D.C.T
Tier 11 Easement Encroachment Agreement Page 10 of 13
PN22-00124
Revised 11/2020
I ;HART 35 EAGLE "�
LGT 4R BLOCIL 1 1 '
�t� 1
nunieiniu'Rill nufli=1111 1111110
`;• n u i � ! PR' R/CROW BUILDING E.F.G to L.LP.LOT I.BLOCK 2'
.' x I
'ENCROACHMENT NO.1
HART 35 EAGLE LLC / 5 SIF
LOT 3R,BLOCK 1"
PROPOSED PRIVATE
WATER LINE
ENCROACHMENT NO.Z ,II
1.0196 ACRES -,;
PR R/CROW BUILDING E.F.G & L.LP.
I / LOT 2.BLOCK 2
-•- N
PR IM/CRI � LF . L.I.P. ,
PAGLE PAR
SAY
� o
V 0 150 300 450 600
Q SCALE: 1"=300'
P\ LEGEND: EP1
EN# DESCRIPTION ENCROACHMENT POINT /�
EN 1 PRIVATE WATER CROSSING PUBLIC SEWER EASEMENT CONTROL POINT orCP1
EN 2 BERMS AND IRRIGATION CROSSING EXISTING EASEMENTS
Ems F HALFFKEY MAP
111 35 EAGLE PHASE Ill
agaaar� aooeLvo.s�ireeaa BUILDING L
Frisca�us75oaseeau DATE:08/10/2022 AVO: 34575 f-ORI VwOHTH.r-XAS
1tL 21�g1WgG
FIUC 2"4 BIB-957�
F 1
EXHIBIT B
Depiction of the Public Property
Tier 11 Easement Enctoachment Agreement Page 11 of 13
PN22-00081 Revised 11/2020
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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
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"30.23 520190593"M .� i. ] 7t
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p L=1163.53'
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,�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
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INTEL CORPORATION
FILING N0. 97-0038793
K
6.C.R.P.R. w _
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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 Enctoachment Agreement Page 12 of 13
PN22-00081 Revised 11/2020
I ;HART 35 EAGLE "�
LGT 4R BLOCIL 1 1 '
�t� 1
nunieiniu'Rill nufli=1111 1111110
`;• n u i � ! PR' R/CROW BUILDING E.F.G to L.LP.LOT I.BLOCK 2'
.' x I
'ENCROACHMENT NO.1
HART 35 EAGLE LLC / 5 SIF
LOT 3R,BLOCK 1"
PROPOSED PRIVATE
WATER LINE
ENCROACHMENT NO.Z ,II
1.0196 ACRES -,;
PR R/CROW BUILDING E.F.G & L.LP.
I / LOT 2.BLOCK 2
-•- N
PR IM/CRI � LF . L.I.P. ,
PAGLE PAR
SAY
� o
V 0 150 300 450 600
Q SCALE: 1"=300'
P\ LEGEND: EP1
EN# DESCRIPTION ENCROACHMENT POINT /�
EN 1 PRIVATE WATER CROSSING PUBLIC SEWER EASEMENT CONTROL POINT orCP1
EN 2 BERMS AND IRRIGATION CROSSING EXISTING EASEMENTS
Ems F HALFFKEY MAP
111 35 EAGLE PHASE Ill
agaaar� aooeLvo.s�ireeaa BUILDING L
Frisca�us75oaseeau DATE:08/10/2022 AVO: 34575 f-ORI VwOHTH.r-XAS
1tL 21�g1g.{gp
FIUC 2"4 BIB-957�
F 1
A
I 1 PEIA04A7ENT UTILITY
EASEMENT�• 1 DOC 2009 14192S
_ I I O.R.O.GT.
IV me IV
IWI II
II I Ex. 24' SEWER
nL
II I EX. 24' WATER
I I it
I II
20'NATER LW
II EASEMENT
j 1 II
.1: I III
i
I I�
3
21.10011.ENCROACHMENT NO.1
5 SF II
i-----------I----------+ - i - + -4 - I �AQ'DRAINAGE EASEMENT
VOL 517 PG.202
SO•BULONC LIRE
G L I 25,UNDERCROLR40 UTILITY
EASEMErlT PER DECLARATIONS
RECORDED IN VOL..3095.PG.199.
O.RA.C.T.A 00C_NO 93-R0057094.
n i i T + r' I I I 96-ROO2406C 17-R0039791,
97-A-0035792.R.P.R.O.C.T.
II
III
+--•------.-----------+---------- -•--•----•- ----•----- ----------------------
I III
• �I III
III
� +-----------�--------- ---------+---------- III
a II i l I I I
+ � II
I I I I
Ire Lan.I 1 1 ~
H.
I
0 25 50 75 14C
20'IlHOERGRl'JLIw C SCALE!1'=W
OOC NO YY7-4to T ��
LEGEND: EP1
m
ENCROACHMENT POINToe—cpl
n + CONTROL POINT
il _j
MEN HALFFEXHIBIT C- ENCROACHMENT NO.1
ONE 35 EAGLE PHASE III
agaaar� aooeLvo.s�ITE&0 BUILDING L
FTisca,T�rAs75oaAeeau DATE:08/10/2022 AVO: 34575 f-ORI VwOHTH,1-xns
17=L 21�g1g.{g�0
FIUC 2"4 BIB-457�
F 1
LEGAL DESCRIPTION
ENCROACHMENT AREA NO. 1 LOT 1, BLOCK 2
BEING a tract of land in the James Eads Survey, Abstract No.410, in Denton County, Texas, and being a part of that
53.51 acre tract of land known as Tract 1, 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.), being a part of Lot 1, Block 2 of the plat of Trammell Crow 35 Eagle, Lot 5R2-1, 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(P.R.D.C.T.), and being more particularly described as follows:
COMMENCING at a 518-inch found iron rod with pink plastic cap stamped "TXDOT SURVEY MARKER RIGHT OF
WAY MONUMENT" for corner on the new northwesterly right of way line of Interstate Highway 35W (variable width
right-of-way)described as Parcel 3 Part 1 in Special Warranty Deed to State of Texas, as recorded in County Clerk's
Document No. 2016-112040 O.R_D.C_T_, and being the point of curvature of a circular curve to the right, having a
- radius of 6,463.33 feet, whose chord bears South 31 degrees 31 minutes 54 seconds West, a distance of 267.136
feet, from which the southeast corner of the remainder of Lot 5, Black 1 of Lot 3, Lot 4 and Lot 5, Block 1 Trammell
Crow Eagle 35, as recorded in Document 2016-195 O.R.D_C_T. bears North 30 degrees 21 minutes 45 seconds
East, a distance of 1,038.91 feet;
0
THENCE North 25 degrees 46 minutes 34 seconds West, a distance of 576.82 feet to the POINT OF BEGINNING;
THENCE North 30 degrees 22 minutes 08 seconds East, a distance of 1.00 feet to a point for corner;
THENCE South 59 degrees 38 minutes 59 seconds Fast, a distance of 4.84 feet to a point for corner;
THENCE South 30 degrees 21 minutes 01 seconds West, a distance of 1.00 feet to a point for corner;
0
THENCE North 59 degrees 38 minutes 59 seconds West, a distance of 4.84 feet to the POINT OF BEGINNING AND
CONTAINING 5 square feet or 0.0001 acres of land, more or less.
t 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.
OF 41
EXHIBIT C - METES & BOUNDS
ENCROACHMENT AREA NO. 1 ~'r'•"""'.. ..GLA i"
IN
35 EAGLE PHASE III BUILDING L dO..... ,��............. `.
5619
IN THE 9
JAMES FADS SURVEY a
ABSTRACT NO. 410 ��' 'aua
LL 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 hereon are surface distances.Su rface Adjustment Scale
Factor:1.❑0015063. LAND SURVEYOR NO. 5619
■ M ocN: Avo: s4s�5 4000 FOSSIL CREEK BL
VD
■�■ FORT WORTH, TEXAS 761fi137
HALFF
aCMFOSSIL CREEK BLVD.rORT WMDi,TEXAS 76137(817)8C7-1422 DATE- 91192022 PAGE NO.: 1 4F 2 dcalhoun@halff,com
WLS Fftl No 1002WS
CURVE TABLE
CHORD CHORD f;11fI:5 [-W, �;T:IdI•EY
LINE DELTA RADIUS LENGTH LENGTH BEARING aI15TIZACT NO. 410
C1 02°22'32"{RT) 6463.33 267.98 1 267.96 S 31°31'54"W
51Br LINE TABLE Z5"UNDERGRC.�I�Sf"TILIY
LOT 1, BLOCK 2 EASEMENT PER RESERVATIONS
NO. BEARING LENGTH 2O22-252 .RECORDED bV VOL.3095,PG.729
851 971 SQ. FT. Q'R.O.C.96-ROOP90 6,997 RC057084 d 5 10 15 20
L1 N 30°22'fl8"E 1.00 :
19.56 ACRES ST-R-0038792,R.P.R.D.C.T.
L2 S 59°38 59"E 4.84- _____ _ —— —— —— ——
SCALE: 1"=10'
L3 S 30'22'08"W 1.00, POINT OF
L4 I N 59°38 59"W 4.Sd' BEGINNING Ll
------- --------- ----- --._-_----- - - -
PFC
L4� f"'F—L2
_ ////// PFC
//p
3 SPECIAL WARRANTY DEED
PR III/CROW BUILDING
z E,F,G,&L,LP
TRACT 1
DOC-NO. (2022) 55513
/
20'UAVERGRDUND PUBLIC
/ UTILITY EASEMENT
(WATER LM E EASEMENT)
—— rAZ
DOC NO 97-R008388
—
h —AR.0.C.T.—
—— — - - ----------
25'PERMANENT UTILITY /Q�
EASEMENT NO.1
(SANITARY SEWER EASEMENT) r4i
DOC ND.2004-74I925
O.R.D.C.T.
r
r
a r
c /
v
N 30' 21' 45' E 1038.90, —— —— —— ——
_ 5/9'FIR W/PINK
�CI �POINTOF
TxDOT'CAP
E O+ LACING N C�PTI-I FREEWAY (I35W)
(VARIABLE WIDTH R.o.v.)
C ..?.. f.-�
LEGEND
EXHIBIT C - METES & BOUNDS a�
ENCROACHMENT AREA N0.1 L—� ENCROACHMENT AREA �DOUGLAS A.CAL HOUN
.
35 EAGLE PHASE III BUILDING LIRON ROD do 5619
IN THE i 1/O2 NET IRON ROD WITHYELLOW
� fi Q
- JAMES FADS SURVEY SIR�'O STAMPEDPLASTIC HALFF GAP � $U
ABSTRACT NO.410 CM CONTROL MONUMENT
CITY OF FORT WORTH, DENTON COUNTY TEXAS PROPOSED LOT LINE
— EXISTING EASEMENT LINE
EXISTING BUILDING SETBACK DOUGLAS A. CALHOUN
w The Basis of Bearing is the Texas Coordinate System of 1983, North central 7nne —— EXISTING PROPERTY LINE REGISTERED PROFESSIONAL
d (4202).All distances shown hereon are surface distances.Surface Adjustment Scale APPROXIMATE SURVEY LINE
Factor,t,nooIW63- LAND SURVEYOR NO. 5619
4000 FOSSIL CREEK BLVD
0 NE m HALFF" DGN: AVO: 34575 FORT WORTH, TEXAS 78137
ao❑❑rossiLGRFFKa�w FORT WORTH.Texs.37a1s7 ie+z�aF7-+az2 DATE: 811MO22 PAGE NO.: 2 OF 2 dcalhoun�a7halff.com
TRPt8 FIRM NO 100296D5
LEGAL DESCRIPTION
ENCROACHMENT AREA NO. 2 LOT 1, BLOCK 2
BEING a tract of land in the James Eads Survey, Abstract No_410, in Denton County, Texas, and being a part of that
53.51 acre tract of land known as Tract 1, 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.), being a part of Lot 1, Block 2 of the plat of Trammell Crow 35 Eagle, Lot 5R2-1, 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 (P.R.D.C.T.), and being more particularly described as follows;
BEGINNING at the common southeast corner of said Lot 1, the northeast comer of Lot 2 of said Block 2, and being
on the west right-of-way line of Interstate Highway 35W(variable width right-of-way);
THENCE North 59 degrees 39 minutes 19 seconds West, along the common line between said Lot 1 and said Lot 2,
= a distance of 57.07 feet to a point for corner;
2 THENCE North 55 degrees 50 minutes 00 seconds West, continuing along said common line, a distance of 14.61
3. feet to a point for corner;
>L
THENCE North 34 degrees 23 minutes 19 seconds East, departing said common line, a distance of 363.28 feet to a
point for corner;
THENCE North 30 degrees 22 minutes 08 seconds East, a distance of 491_fit feet to a point for corner on the
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.
being the point of curvature of a non-tangent circular curve to the left, having a radius of 71.0C feet, whose chord
bears North 85 degrees 31 minutes 42 seconds East, a distance of 24.85 feet;
THENCE Northeasterly, along said right-of-way line and along said circular curve to the left, through a central angle
of 20 degrees 09 minutes 36 seconds, an arc length of 24.98 feet, to the intersection of said right-of-way dedication
with the right of way as dedicated by said Trammell Crow 35 Eagle, Lot 5R2-1, Block 1 and Lots 1-3, Block 2, being
the point of curvature of a circular curve to the right, not being reverse to the previous course, having a radius of
30.00 feet,whose chord bears South 10 degrees 29 minutes 46 seconds East, a distance of 3925 feet;
THENCE Southeasterly, along said right-of-way dedication and along said circular curve to the right, through a
central angle of 81 degrees 43 minutes 02 seconds, an arc length of 42.79 feet to a point for comer on said west
right-of-way line;
m
.$,T�n' ,SLSt
EXHIBIT C - METES & BOUNDS
ENCROACHMENT AREA NO. 2 OOk3 OU
GLAS A.GPI!NOUN
35 EAGLE PHASE III BUILDING L
IN THE p
JAMES EADS SURVEY � ;;ss s!
u
ABSTRACT NO. 410
= CITY OF FORT WORTH, DENTON COUNTY TEXAS
DOUCLAS A. CALHOUN
The basis of Bearing is the Texas Coordinate System of 1983, North Central long REGISTERED PROFESSIONAL
a (4202).All distances shown hereon are surface distances.Surface Adjustment Scale
Factor:t.00015063. LAND SURVEYOR NO. 5619
F . ■ HALFF� DGN. AVO: 34575 4DD0 FOSSIL CREEK gLVD
■■■ FORT WORTH,TEXAS 76137
4000 F0s51L CREEK 9tw FORT WORTH,TEAS 70137(817)847-1422 DATE: &12j2022 PAGE NO.: 1 OF 2dcalhoun u`7halff.com
TgPLR FIRM NO 1002860.5
THENCE South 30 degrees 21 minutes 45 seconds West, departing said right-of-way dedication and along said wet
right-of-way line, a distance of 839.46 feet to the POINT OF BEGINNING AND CONTAINING 44,374 square feet or
1.0187 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.
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EXHIBIT C - METES & BOUNDS ...................I...........
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ENCROACHMENT AREA NO. 2 DOUGLAS A. ALHOUN
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35 EAGLE PHASE 111 BUILDING L
IN THE
JAMES FADS SURVEY avR"
ABSTRACT NO. 410
I 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
c {4202).All distances shown hereon are surface distances.5urface Adjustment Scale
Factor:l.00015OG3. LAND SURVEYOR NO. 5619
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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
PN22-00081 Revised 11/2020