HomeMy WebLinkAboutContract 45820 CITY SECRETAW
EASEMENT ENCROACHMENT LICENSE AGREEMENT
Commercial
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 or its duly designated Assistant City
Manager ("City") or Planning and Development Director, and D.R. Horton — TEXAS,
LTD. ;hereinafter referred to as "Licensee", owner of the property located at S101 Ray
White Road, Fort Worth, TX, 76244
RECITALS
WHEREAS, Licensee is the owner of certain real property described as (The
Sanctuary Phase I and 1T), an addition to the City of Fort Worth, Tarrant County, Texas as
recorded in ;County Clerks Document No. D213278500 'of the Real Property records of
Tarrant County("Property"); and
WHEREAS, the City has a '50 foot wide sanitary sewer and water utility
easement (the "Easement") in the property as shown on the Final Plat attached to this
Agreement and incorporated herein; and
WHEREAS, Licensee desires to construct/place and maintain a private storm
drainage system and a private gated entry system which will be subsurface concrete pipe,
drop inlets, pilasters, electronic gates and related appurtenances (the "Encroachments")
and which will encroach onto the City's Easement as shown on the attached survey and
only to the extent shown thereon; and
WHEREAS,to accommodate the needs of the Licensee, the City will allow these
Encroachments under the terms and conditions as set forth in this Agreement.
NOW, THEREFORE, the City and Licensee agree as follows:
AGREEMENT
rs1 1.
C_"11
M The City, in consideration of the payment b the Licensee of the fee set out below
C tY� P Y Y
m
® and covenants and agreements hereinafter contained, to be kept and performed by the
a
Licensee, hereby grants permission to the Licensee to encroach upon and occupy a
0
C' portion of the City's Easement as described in and at the location shown on Exhibit "A"
;� �..oed entry
for the purpose of constructing a private storm drainage �y � �a�.��pr��y�,�
to atW
OFFICIAL
2012 Easement Encroachment Agreement-Commercial C ' S C µml„ e 1 of 9
R Ida
WORTH, TX,
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system (the "Encroachments"). Upon completion of the Encroachments, Licensee
agrees to be responsible for maintaining any and all structures and buildings within and
above the Easement. Licensee shall not expand or otherwise cause the Encroachments to
further infringe in or on the City's Easement beyond what is specifically described in the
exhibit(s) attached hereto.
2.
All construction, maintenance and operation in connection with such
Encroachments, use and occupancy shall comply and be performed in strict compliance
with the Charter, Ordinance and Codes of the City and in accordance with the directions
of the Director of the Transportation and Public Works Department, or the Director of
the Water Department of City, or his duly authorized representative. Prior to the
construction of the Encroachments, Licensee shall submit all plans and specifications to
the applicable Director or his duly authorized representative. Licensee shall not
commence construction of the Encroachments until such approval shall be indicated in
writing by the Director. However, such approval shall not relieve Licensee of
responsibility and liability for concept, design and computation in the preparation of such
plans and specifications.
3.
Licensee agrees that City may enter and utilize the referenced areas at any time
for the purpose of installing, repairing, replacing or maintaining improvements to its
public facilities or utilities necessary for the health, safety and welfare of the public for
any other public purpose. City shall bear no responsibility or liability for any damage or
disruption or other adverse consequences resulting from the Encroachment installed by
Licensee, but City will make reasonable efforts to minimize such damage. In the event
that any installation, reinstallation, relocation or repair of any existing or future utility or
improvements owned by, 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
Encroachments and use, Licensee shall pay to City an additional amount equal to such
additional cost as reasonably determined by the Director of Transportation and Public
2012 Easement Encroachment Agreement-Commercial Page 2 of 9
Works, or the Director of the Water Department of the City, or his duly authorized
representative.
4.
In order to defray all costs of inspection and supervision which City has incurred
or will incur as a result of the construction, maintenance, inspection or management of
the encroachments and uses 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 Two
Hundred and Seventy Five Dollars ($275.00). Upon execution,--of-thi-,-Agr m ta4+d
annuu�lly.�t4 eaftef�4,iveffie a��ity-, av,e.agfeed to waive the,fee-in the amomt of$.56
per_squ��J�a�r..f .�f.tl�e. nor�lent..a�rea:
5.
The term of this Agreement shall be for thirty (30)years, commencing on the date
this Agreement is executed by the City of Fort Worth. Provided however, this Agreement
shall terminate upon the non-compliance of any of the terms of this Agreement by the
Licensee. City shall notify Licensee of the non-compliance and if not cured within thirty
days this Agreement shall be deemed terminated.
6.
It is further understood and agreed upon between the parties hereto that the
easements to be used and encroached upon as described herein, are held by City as
trustee for the public; that City exercises such powers over the easement as have been
delegated to it by the Constitution of the State of Texas or by the Legislature; and that
City cannot contract away its duty and its legislative power to control the easement 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 right of way to be used for any other public purpose, that does not
preclude the use of the Encroachment on the Property for a office building or activities
related thereto, including but not being limited to underground, surface of overhead
communication, drainage, sanitary sewerage, transmission of natural or electricity, or any
other public purpose, whether presently contemplated or not, that the parties agree to
2012 Easement Encroachment Agreement-Commercial Page 3 of 9
negotiate in good faith in order to accommodate the Encroachment and the public
purpose.
7.
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,
ARISING OUT OF OR IN CONNECTION WITH, THE CONSTRUCTION,
MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID
ENCROACHMENTS AND USES GRANTED HEREUNDER, WHETHER OR
NOT CAUSED, IN WHOLE OR IN PART, BY THE 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.
8.
While this Agreement is in effect, Licensee agrees to furnish City with a
Certificate of Insurance, naming City as certificate holder, as proof that it 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 "A".
The amounts of such insurance shall be not less than the following:
$1,000,000 Commercial General Liability
2012 Easement Encroachment Agreement-Commercial Page 4 of 9
with the understanding of and agreement by Licensee that such insurance amounts shall
be revised upward at City's option and that Licensee shall so revise such amounts
immediately following notice to Grantee of such requirement. Such insurance policy
shall provide that it cannot be cancelled or amended without at least ten (10) days prior
written notice to the Building Official of the City of Fort Worth. A copy of such
Certificate of Insurance is attached as attached as Exhibit `B". Licensee agrees to submit
a similar Certificate of Insurance annually to City on the anniversary date of the
execution of this Agreement.
Licensee agrees, binds and obligates itself, 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 all encroachments and the cleaning and restoration
of the city streets. All insurance coverage required herein shall include coverage of all
Licensees' contractors.
9.
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 Encroachment on
Easement Agreement in its entirety in the deed records of Tarrant County, Texas. After
being recorded, the original shall be returned to the City Secretary of the City of Fort
Worth, Texas.
10.
Licensee agrees to comply fully with all applicable federal, state and local laws,
statutes, ordinances, codes or regulations in connection with the construction, operation
and maintenance of said Encroachment and uses.
11.
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.
2012 Easement Encroachment Agreement-Commercial Page 5 of 9
12.
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.
13.
Licensee agrees and acknowledges that this Agreement is solely for the purpose
of permitting Licensee to construct, maintain and locate the Encroachments over or
within the described Easement and is not a conveyance of any right, title or interest in or
to the Easement 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
permission before occupying such property.
14.
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 attorney's fees.
15.
The parties agree that the duties and obligation contained paragraphs 3 and 4 shall
survive the termination of this Agreement.
2012 Easement Encroachment Agreement-Commercial Page 6 of 9
16.
Licensee covenants and agrees that it will not assign all or any of its rights,
privileges or duties under this contract without the written approval of City, and any
attempted assignment without such written approval should be void.
17.
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.
18.
This agreement shall be binding upon the parties hereto, their successors and
assigns.
k'
EXECUTED this day of _ , 20L .
City Licensee:
City of Fort Worth D.R. Horton — TEXAS, LTD
By: r By.
aAo 'M-�:m�Don Allen
Director Assistant Secretary, D.R. Horton Inc., a
Delaware Corporation'
Planning and Development
Rest of Page Intentionally Blank
2012 Easement Encroachment Agreement-Commercial Page 7 of 9
i4.gk•" 4,.
Or
a�pawa�e pr
ax
a � y "
ATTESTa Q roved As To Form and Legality
"
City Secretary °~«...y Assistant City Attorney
STATE OF TEXAS
OLII.1TY OF TARRANT
BEFORE ME,the undersigned a P—a r t State of
Texas, is personally appeared _ t o be
the pe rson whose name is subscribed to the foregoing instrument, and acknowledged to
e that he/she 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 l✓R rY lA SR�1I., OFFICE ' _.. .._._.__.....�._...IT.....,._�....._ of
......... ..... lita WAb
(.ASSANDRA F FOREMAN L)
Pay &bfic,stare ot iews
naea�em April 261, 2u &ft _
ry Public in or the State of Texas
Rest of Page Intentionally Blank
2012 Easement Encroachment Agreement,-Commercial OFFICIAL� E'1�� R age 8 of 9
CITY SECRETARY
FT.WORTHl TX
- ..............
,STATE OF TEXAS
,COUNTY OFT T §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared on Allen, Assistant Secretary, known 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, as the act and deed of D.R. Horton Inc., a Delaware Corporation and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this V day of
20
Notary Public in and for the
State of Texas
SHAVON L.SANDERSON
Notary Public
STATE OF TEXAS
My Caw.Exp.jww 206 i
2012 Easement Encroachment Agreement-Commercial Page 9 of 9
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I hereby state that this survey was made on the gTouanul of the property iegaafly described heueon,
and is to the Kest of my knowledge correct,and that there are no discrepancies,a.„¢srifficts,shomlaages in aairee,
boundary line conPWacts„encroactumnents,overlapping of irviproveoinents,easements W KIP,
or rights of way,except as shown hereon.Surveyed December 2013.
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Css\ ".3 EXHIBIT SHOWING
uR A PRIVATE DRAINAGE
EASEMENT, LOCAT D IN THE
111 J.I . HANSBROUGH SURVEY
ABSTRACT No. 747,
FORT WORTH SURVEYING TARRANT COUNTY, CAA JEST. NO
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EASEMENT, LOCATED I 'THE- , - I 1
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ABSTRACT o. 747,
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FORT WORTH SURVEYING A A 1V T COUNTY, TEXAS H T® NO.
107 E.COLLEGE NNE
ALVARADO TEXAS,76009
8 7..790-5900 &JOB * 2013096 GATE»04-16-1 ED: RLH 2 OF 3
LEGAL.DESCRIPTION
PRIVATE STOW DRAIN EASEIMEN T
Being a 0.763 acre tract oflond situated in the J.L.Hambrough
Survey,Abstract No.747.'Tarrant coup,ty,"rexas,and being as poirbuxi
of that tract ofiand descAbod in a Deed to AIL Invesirnent,I_P.as
recorded in Volume 13588,Page 188,of the Deed irecords of Tairrant
County,Texas,and being"W"partie.w1arly described lby metes ailKi
hounds as follom:
COMMENCING AT A FOUND 505"IRON ROE)WITI I PELOT0114 CAP LOCKFED 0114 THE
NORTH RIGHT OF WAY LINE OF RAY WHITE ROAD,AT TIF IF SOUI F IFEAST CORNER OF
SAID AIL INVESTMENT'TRACT;
THENCE N 59"14'13"W„A DISTANCE OF 254.I 6',r"TO A POIN T„
THE04CE NORTH,A DISTANCE OF 138.35',110 THE POINT OF REG NIMNG OF
TF IIS TRACT:
THENCE ALONG SAID EASEMENT THE FOLLOWING COARSE AND DISTANCES: THENCE N 89*55'04"E,A DISTANCE OF 10.10% TO A POiN r:
THENCE N 44'2619'E,A DIS TANCI:::OF 8 91',110 A POINT;
THENCE N 00*41'29'E,A DISTANCE OF 13,82','10 A POI 14 T: THENCE 04 00"01"02"'E,A[)IS TANCE OF 48,44',TO A POINT;
THENCE S 89'18'31-E,A DISTANCE OF 456',"170 A PONT; riff::NCE S 89'18'31"E,A DISTANCE OF 506.70',"rO A POINT:
THENCE N 00'41'29-E,A DISTANCE OF 2.83',"IrO A POINT; TIHENCE N 100"41"29"EE,A DISTANCE OF 15,99',TO A POINT;
THENCE N 45'41'29'E,A DISTANCE OF 5.73"„TO A POINT; THENCEE S 89*18'31-E,A DISTANCE OF 21,32%TO A POINT':
THENCE N 44'18'31"W,A DISTANCE OF 1213',TO A POIINT; THENCE S 01'23'51"'1:::,A DISTANCE OF 16.00%TO A POINT';
THENCE N 89'18'31'W,A DISTANCE OF 7.59'„TO A POINT; "HENCE S 89*18'31-E,A DISTANCE OF 57.91',TO A POINT;
THENCE N DO'41'29"E,A DISTANCE OF 13.52%TO A POINT; THENCE N 69'22'44'F:,A DISTANCE OF 34,41',TO A POIN'T';
THENCE S 89'18'31-E,A DISTANCE OF 21432',TO A POINT; I'HENCE S 00'33'41"E,A DISTANCE OF 19.34',TO A POINT;
THENCE S 00'41'29-W,A DISTANCE OF 10.19%10 A POINT; THENCE S 69'2744-W"A DISTANCE OF 18,10',TO A POINT;
THENCE S 44'18'31"E,A DISTANCE OF 9.03',TO A POIWFF; THENCE S 00'33"41°'E,A DlSTANCE OF 63.22%"TO A POINT;
THENCE S 89"15'39"E,A DISTANCE OF 64.76%-TO A POiNT, THE:NCE S 45"33°41'"E"A DISTANCE OF 6.55',"f 0 A POINT�
THENCE N DW3T41'W,A DISTANCE OF 157.90%-10 A POIWFF: T'HIE NCE N 89`25`1 VIE,A DISTANCE OF 10.19',TO A POIN 1;
THENCE S 89'26'19-W,A DISTANCE OF 16.57',10 A POINT; THENCE S 00'33'41"E"A DISTANCE OF 21..32"„1 0 A POINT;
THENCE N 00'33'41'W,A DISTANCE OF 2132",110 A PORN'T, I"HENCE S 89'2619"W,A DISTANCE:OF 14.82",TO A POINT,
THENCE N 89'26'19"E,A DISTANCE OF 14k.19 "rO A POINT'; THENCE S 00'3341"E,A DISTANCE OF 222.51".'11"0 A POINT;
THENCE N 44'26'19"E,A DISTANCE OF 8.20%TO A POINT; THENCE.N 89'2619"P:::"A DISTANCE OF 10.26""'T0 A POINT:
THENCE N 00'33'41-W,A DISTANCE OF 92.41',TO A POU4T THENCE S 00*33'411.E,A DISTANCE OF 17-14,TO A POINT,
THENCE N 89*18'31"W,A DISTANCE OF 275,87',TO A P01114i THENCE.13 29*26'19"W,A DISTANCE OF 21.69%TO A POINT:
THENCE S 00"41"29"W,A DISTANCE OF 1642',-10 A POIINT; THENCE S 00'33'41 E,A DISTANCE OF 7,84",70 A POINT;
THENCE N 89'18'31 W,A DISTANCE OF 21,32",TO A PW41`o I"i lENCE S 45'33'41"'E,A DIS rANCF OF 7.35"„'10 A Paw;
THENCE N 00*41'29r E,,A DISTANCE OF 13.82%1-0 A P0111147; THENCE 14 89'27"10"E.,A DISTANCE OF 10.1".9","TO A POW'�
THENCE S 89'1931'E,A DISTANCE OF 4.56',TO A POINT; THENCE S 00'32'50"E,A DISTANCE OF 2132,"110 A POINT;
THENCE N 00°41'29"E,A DISTANCE OF 2,83%TO A P01114 I; THENCE S 89'27'101"W,A DISTANCE OF 15.40',TO A POINT;
THENCE N 45*41'29-E,A DISTANCE OF 6,73°"'11"O A POW I� THENCE S 00'33'41"E"A DISTANCE OF 1W21% 10 A POINT:
THENCE N 44°15'31"W"A DISTANCE OF 1213',TO A POJIN r; F-IF FENCE S 89-2619"WW,A DISTANCE OF 0.58',"T 0 A POINT;
THENCE N 89'18'31"W,,A DISTANCE OF 7,59','11"0 A POINT; THENCE S 00'33'41"E..,A DISTANCE OF 90,66',1K)A POINT
THENCE N 00'41'29'E,A DISTANCE OF 13.112",TO A POINT; THENCE S 45"WAVE,A DISTANCE OF 8 20',"Il 0 A POINT:
THENCE S 89'1W31'E,A DISTANCE OF 21.32',TO A POINT; THENCE N 89'26'19"IE,A DISTANCE OF 10.19",TO A POINT;
THENCE S 00'41'29-W,A DISTANCE OF 10.19""-TO A POINT; TI lENCE S 00'33'41"E,A DISTANCE OF 21.32',11"0 A POINT;
THENCE S 44*IW31-E,A DISTANCE OF 8.82%10 A POMT� THENCE S 89"26'19-W,A DISTANCE OF 16.57% TO A POINT
THENCE S 89'18'31"E,A DISTANCE OF 27414%TO A POIN-11; THENCE S 001341"E,A DISTANCE OF 170.68%TO A POINT,
THENCE N 00°33'41"W,A DISTANCE OF 184,65%TO A POINT; THENCE N 819'15";01"°W A DISTANCE OF 77,96',"TO A POIN T;
THENCE S 89'26*19-W,A DISTANCE OF 15.40',T'0 A POINT; THENCE S 00'41'29"W,A DISTANCE OF 16.57',"TO A POINT;
THENCE N 00*33'41-W,A DISTANCE OF 21.32',-TO A POINT, .T.I.1ENCIE 14 89'15'31"W,A DISTANCE OF 21,32% 10 THE POINT'OF BEGINNING
THENCE N 89'26'19-E,A DISTANCE OF'10.19""TO A POINT; AND CONTAINING 0,753 ACRES OF LANE)MORE OR LES&
THENCE N 44'26'19'E,A DISTANCE OF 737',-110 A POINT'o
THENCE N 00'33'41"W,A DISTANCE OF 7.55"'11"O A POFNT�
THENCE N 30'3341"W,A DISTANCE OF 21691,TO A POINT, F hereby state that this survey was inade on the ground of the 1property legally described hereon,
THENCE N 00"33'41'W,A DISTANCE OF 17.34',TO A POIN-11.
THENCE N 89'26'19-E,A DISTANCE OF 10.85%TO A POINT, and 6s to the best of my krs�wiedge cofwect,and ftl there are no dIscreparicies,conflicis,shortages ln area,
THENCE N 00'33`41-W,A DISTANCE OF 22.26,TO A POINT; boundary iine coirifficts,encroachimenis,ovedapping of Improvements,easements
THENCE N 89'20'10'W,A DISTANCE OF 22.51 TO A POIN-I; or rights of way,except as shown hereon Surveyed December 2013.
THENCE S 45'41'29-W,A DISTANCE OF 61 V, TO A POINT,
THENCE S 00'00'00"E,A DISTANCE OF I I A V,TO A POINT;
THENCE N 89*1811'W,A DISTANCE OF 21,38%TO A POIN'T''
THENCE N 00'4179'11E,A DISTANCE OF 115.52'",11"O A POiN r;
THENCE.S 89*18'3V i,A DISTANCE OF 7.981", rO
k�
... ........ .................
THENCE N 45"41'29"E,A DISTANCE OF 9.90%TO A,
THENCE N 44*18'31'W,A DISTANCE OF 9.90',TO A POINT; C H R I S�T 0 FIH R7 NNY BRADLEY RPLS#5251
THENCE N 89'18'31-W,A DISTANCE OF 9.60',TO A FoIN r;
THENCE N 00'OVOO"E,A DISTANCE OF 15 82',TO A POINT�
THENCE S 89'18'31-E,A DISTANCE OF 21 3r,TO A POINT;
THENCE S 00'00'00-E,,A DISTANCE OF 10 25',TO A POINT; Of"
THENCE S 44°15'31"E„A DISTANCE OF&06',TO A POINT;
THENCE S 89'2010r E,A DISTANCE OF 21k6",TO A POINT; S T
THENCE N 00'33'41'W,,A DISTANCE OF 18713",TO A FPOINT;
THENCE S 69'26'19"W,A DISTANCE OF 14.82',"rOA POINT;
THENCE N 00'33'41'Vi,A DISTANCE OF 21,32',TO A POINT
THENCE N 89'26'19'E,A DISTANCE OF 10,19',"TO A POINT:
THENCE N 44*26'19'E,A DISTANCE OF 6,55%-110 A POIINT; CHRISTOPHER K114NY BRADLEY
THENCE N 00°33'41"W,A DISTANCE OF 63,31%70 A PaN r; .....•.
THENCE N 89'18'31`W,A DISTANCE OF 57454',TO A POFNT;
THENCE S 45*41'29-W,A DISTANCE OF 8,20',TO A POINT; 5251
THENCE S 00'41'29"W,A DISTANCE OF 10.19",TO A POINT; .4-
THENCE N 89'18'31-W,A DISTANCE OF 21,32%TO A POINT';
THENCE NOO*41'29E,ADISTANCE OF 15.99','7`0 A POINT;
THENCE N 59°1E4'31'"W,A DISTANCE OF 488.53',TO POINT, SuR
THENCE S DO"01'02'W,A DISTANCE OF 34.54%TO A POINT,
THENCE S 45'33'41'E,A DISTANCE OF 9,15',TO A POW�
THENCE N 59°:x5"04"E,A DISTANCE OF 10,14',TO A POINT,
THENCE S 00'04'56'E,A DISTANCE OF 2132%TO A POINT; EXHIBIT' HOWING
THENCE S 89'5504"W,A DISTANCE OF 1&82,TO POI OINT:
THENCE N 00'0456'W,A DISTANCE OF 9.78%TO A NT� A PRIVATE DRAINAGE
THENCE N 45'33'41'W,A DISTANCE OF 10.06%TO A POINT;
THENCE S 44'26'19"W,A DISTANCE OF 9.98%TO A POINT'; EASEMENT,
THENCE S 00'04'56"E,A DISTANCE OF 9.74',TO A POINT;
THENCE N 9n'WC0'W,A DISTANCE OF 15.84%TO A POINT; LEGAL DESCRIPTION
THENCE N 04}°00°00"E,A DISTANCE OF 21 3 1",TO A POINT; LOCATED IN THE
J,L. HANSBROUGH SURVEY
ABSTRACT No. 747,
FORT WORTH SURVEYING TARRANT COUNTY, TEXAS SHT. NO
107 E,COLLEGE AVE,
ALVARADO TEXAS,760M 3 OF 3
8 17-790-5900 JOB * 2013 ATE' 04-16-141 DRAWN' C E70 0.®ARL H
LEGAL DESCRIPTION
PRIVATE STORM DRAIN EASEMENT
Being a 0.763 acre tract of land situated in the J.L. Hansbrough Survey,
Abstract No. 747, Tarrant County, Texas, and being a portion of that tract of
land described in a Deed to AIL, Investment, L. P. as recorded in Volume 13588,
Page 188, of the Deed records of Tarrant County, Texas, and being more
particularly described by metes and bounds as follows:
COMMENCING AT A FOUND 5/8" IRON ROD WITH PELOTON CAP LOCATED ON THE NORTH RIGHT
OF WAY LINE OF RAY WHITE ROAD, AT THE SOUTHEAST CORNER OF' SAID AIL INVESTMENT
TRACT;
THENCE N 89014 ' 13" W, A DISTANCE OF 254 . 16' , TO A POINT;
THENCE NORTH, A DISTANCE OF' 138 . 35' , TO THE POINT OF' BEGINNING OF THIS TRACT;
THENCE ALONG SAID EASEMENT THE FOLLOWING COARSE AND DISTANCES:
THENCE N 00'41 '29" E, A DISTANCE OF 13082.' ® TO A POINT;
THENCE S 89018 '31" E, A DISTANCE OF 4 . 56' , TO A POINT;
THENCE N 00°41 '29" E, A DISTANCE OF 2. 83' , TO A POINT;
THENCE N 45'41 '29" E, A DISTANCE OF 8 .73' , TO A POINT;
THENCE N 44'18 '31" W, A DISTANCE OF' 12.73' ® TO A POINT;
THENCE N 89'18 ' 31" W, A DISTANCE OF 7. 69' , TO A POINT;
THENCE N 00°41 '29" E, A DISTANCE OF' 13. 82 ' , TO A POINT;
THENCE S 89'18 ' 31" E, A DISTANCE OF' 21. 32' , TO A POINT;
THENCE S 00041 '29" W, A DISTANCE OF' 10. 19' , TO A POINT;
THENCE S 44'18' 31" E, A DISTANCE OF 9. 03' , TO A POINT;
THENCE S 89018 '31" E, A DISTANCE OF 64 . 76' , TO A POINT;
THENCE N 00°33' 41" W, A DISTANCE OF' 157 . 90' , TO A POINT;
THENCE S 89026' 19" W, A DISTANCE OF 16. 57 ' , TO A POINT;
THENCE N 00033' 41" W, A DISTANCE OF 21 . 32' , TO A POINT;
THENCE N 89026' 19" E, A DISTANCE OF' 10. 19' , TO A POINT;
THENCE N 44'26' 19" E, A DISTANCE OF 8 .201 , TO A POINT;
THENCE N 00°33' 41" W, A DISTANCE OF' 92. 41 ' , TO A POINT;
THENCE N 89o18 '31" W, A DISTANCE OF' 275. 878 , TO A POINT;
THENCE S 00'41 '29" W, A DISTANCE OF' 16, 42' , TO A POINT;
THENCE N 89018 '31" W, A DISTANCE OF' 21. 321 , TO A POINT;
THENCE N 00'41 '29" E, A DISTANCE OF' 13.82 ' , TO A POINT;
THENCE S 89018 '31" E, A DISTANCE OF 4 . 56' , TO A POINT;
THENCE N 00'41129" E, A DISTANCE OF 2. 83' , TO A POINT;
THENCE N 45041 '29" E, A DISTANCE OF' 8 . 73' , TO A POINT;
THENCE N 44'18'31" W, A DISTANCE OF' 12.73' , TO A POINT;
THENCE N 89'18 ' 31" W, A DISTANCE OF 7 . 69' , TO A POINT;
THENCE N 00041129" E, A DISTANCE 01' 13.82' ® TO A POINT;
THENCE S 89'18 '31" E, A DISTANCE OF' 21. 32 ' , TO A POINT;
THENCE S 00041 '29" W, A DISTANCE OF 10 . 19' , TO A POINT;
THENCE S 44'18 ' 31" E, A DISTANCE OF 8 . 82' , TO A POINT;
THENCE S 89018 '31" E, A DISTANCE OF 274 .74 ' , TO A POINT;
THENCE N 00'33' 41" W, A DISTANCE OF 184 . 65' , TO A POINT;
THENCE S 89026' 19" W, A DISTANCE OF' 15, 40' , TO A POINT;
THENCE N 00'33'41" W, A DISTANCE OF' 21 .32' , TO A POINT;
THENCE N 89'26' 19" E, A DISTANCE OF 10. 19' , TO A POINT;
THENCE N 44026' 19" E, A DISTANCE OF' 7 . 378 , TO A POINT;
THENCE N 00°33'41" W, A DISTANCE OF' 7 . 85' , TO A POINT;
THENCE N 30'3314111 W, A DISTANCE OF 21. 69 , TO A POINT;
THENCE N 00°33' 41" W, A DISTANCE OF 1-1 . 34 ' , TO A POINT;
THENCE N 89°26' 19'® E, A DISTANCE OF 10.85' , TO A POINT;
THENCE N 00°33'41°° W, A DISTANCE OF 22.26' , TO A POINT;
THENCE N 89°20' 10°" W, A DISTANCE OF 22. 54 ' , TO A POINT;
THENCE S 45 041 '29°' W, A DISTANCE OF 6. 71' , TO A POINT;
THENCE S 00°00' 00" E, A DISTANCE OF 11. 81 ' , TO A POINT;
THENCE N 89 018 ' 31'° W, A DISTANCE OF 21 .38 ' , TO A POINT;
THENCE N 00 041 '29" E, A DISTANCE OE' 15,82 ' , TO A POINT;
THENCE S 89 018 ' 31" E, A DISTANCE OF -7 , 98 ' , TO A POINT;
THENCE N 45°41 '29"° E, A DISTANCE OF 9, 90' , TO A POINT;
THENCE N 44 °18 '31" W, A DISTANCE OF 9. 90' , TO A POINT;
THENCE N 89 018 ' 31" W, A DISTANCE OF 9. 60° , TO A POINT;
THENCE N 00 000'00" E, A DISTANCE OF 15.82 ' , TO A POINT;
THENCE S 89°18 '31" E, A DISTANCE OF 21 . 37 ' , TO A POINT;
THENCE S 00 000'00°" E, A DISTANCE OF 10,25' , TO A POINT;
THENCE S 44°18 ' 31" E, A DISTANCE OF 8 . 96' , TO A POINT;
THENCE S 89°20' 10" E, A DISTANCE OF 21. 66' , TO A POINT;
THENCE N 00°33°41" W, A DISTANCE OF 187„ 73' , TO A POINT;
THENCE S 89 026' 19” W, A DISTANCE OF 14 . 82 ' , TO A POINT;
THENCE N 00 033' 41°° W, A DISTANCE OF 21. 32` , TO A POINT;
THENCE N 89 026' 19" E, A DISTANCE OF 10. 19` , TO A POINT;
THENCE N 44°26' 19" E, A DISTANCE OF 6. 55' , TO A POINT;
THENCE N 00°33'41" W, A DISTANCE OF 63. 31 ' , TO A POINT;
THENCE N 89 018' 31" W, A DISTANCE OF 57 , 54 ' , TO A POINT;
THENCE S 45 041'29" W, A DISTANCE OF 8 .20' , TO A POINT;
THENCE S 00°41 '29" W, A DISTANCE OF 10. 19' , TO A POINT;
THENCE N 89 018 '31°" W, A DISTANCE OF 21 , 32 ' , TO A POINT;
THENCE N 00°41' 29®° E, A DISTANCE OF 15. 99' , TO A POINT;
THENCE N 89 018 '31" W, A DISTANCE OF 488 . 53' , TO A POINT;
THENCE S 00°01 '02" W, A DISTANCE OF 34 . 54 ' , TO A POINT;
THENCE S 45 033' 41" E, A DISTANCE OF 9. 15 ` , TO A POINT;
THENCE N 89 055'04" E, A DISTANCE OF 10. 14 ' , TO A POINT;
THENCE S 00 004 '56" E, A DISTANCE OF 21 . 32 ` , TO A POINT;
THENCE S 89 055' 04" W, A DISTANCE OF 15. 82 ` , TO A POINT;
THENCE N 00 004 '56" W, A DISTANCE OF 9. 78 ` , TO A POINT;
THENCE N 45 033' 41'° W, A DISTANCE OF 10.06' , TO A POINT;
THENCE S 44°26' 19" W, A DISTANCE OF 9. 98 ` , TO A POINT;
THENCE S 00°04 '56" E, A DISTANCE OF 9. 74 ' , TO A POINT;
THENCE N 90°00 100" W, A DISTANCE OF 15° 84 ' , TO A POINT;
THENCE N 00 000' 00" E, A DISTANCE OF 21.311 , TO A POINT;
THENCE N 89 055'04" E, A DISTANCE OF 10, 10' , TO A POINT;
THENCE N 44°26' 19" E, A DISTANCE OF 8. 91 ' , TO A POINT;
THENCE N 00 001 102" E, A DISTANCE OF 48. 44 ' , TO A POINT;
THENCE S 89 018131" E, A DISTANCE OF 506.70' , TO A POINT;
THENCE N 00°41 '29" E, A DISTANCE OF 15. 99' , TO A POINT;
THENCE S 89 018 '31" E, A DISTANCE OF 21 . 32 ' , TO A POINT;
THENCE S 01 023 151" E, A DISTANCE OF 16, 001 , TO A POINT;
THENCE S 89 018' 31°° E, A DISTANCE OF 57 . 91' , TO A POINT;
THENCE N 69 022' 44" E, A DISTANCE OF 34 . 41 ` , TO A POINT;
THENCE S 00°33'41" E, A DISTANCE OE' 19. 34 ' , TO A POINT;
THENCE S 69 022' 44" W, A DISTANCE OF 18 . 10' , TO A POINT;
THENCE S 00°33'41" E, A DISTANCE OF 63 ,22' , TO A POINT;
THENCE S 45 033 ' 41" E, A DISTANCE OF 6. 55 ' , TO A POINT;
THENCE N 89°26' 19" E, A DISTANCE OE' 10. 19' , TO A POINT;
THENCE S 00 033841" E, A DISTANCE OF 21. 321 , TO A POINT;
THENCE S 89 026 11908 W, A DISTANCE OF 14 .821 , TO A POINT;
THENCE S 00°33'41" E, A DISTANCE OF 222. 51 ' , TO A POINT;
THENCE N 89'26' 19- E, A DISTANCE OF 10.26' , TO A POINT;
THENCE S 00033' 41" E, A DISTANCE OF 17.34 ' , TO A POINT;
THENCE S 29°26' 19" W, A DISTANCE OF 21 . 69' , TG A POINT;
THENCE S 00'33'41" E A DISTANCE OF 7.84 ' , TO A POINT;
THENCE S 45°33'41'° E A DISTANCE OF 7 .38 ' , TO A POINT;
THENCE N 89°27 '10" E, A DISTANCE OF lKlY , TO A POINT;
THENCE S 00'32 '50" E, A DISTANCE OF 21 . 32 ' , TO A POINT;
THENCE S 89'27 ' 10" W, A DISTANCE OF 15, 40 ' , TO A POINT;
THENCE S 00033' 41" E, A DISTANCE OF 199.21 ' , TO A POINT;
THENCE S 89026' 19" W, A DISTANCE OF 0. 58 ' , TO A POINT;
THENCE S 00°33' 41" E, A DISTANCE OF 90. 66' , TO A POINT;
THENCE S 45°33' 41" E, A DISTANCE OF 8. 20 ' , TO A POINT;
THENCE N 89°26819" E, A DISTANCE OF 10. 19' , TO A POINT;
THENCE S 00033' 41" E, A DISTANCE OF 21 .32' , TO A POINT;
THENCE S 89'26' 19" W, A DISTANCE OF 16. 57 ' , TO A POINT;
THENCE S 00033' 41" E, A DISTANCE OF 110. 68 ' , TO A POINT;
THENCE N 89'18 '31" W, A DISTANCE OF 77. 96' , TO A POINT;
THENCE S 00041' 29" W, A DISTANCE OF !V57 , TO A POINT;
THENCE N 89'18 ' 31" W, A DISTANCE OF 21 . 32 ' , TO THE POINT OF BEGINNING AND
CONTAINING 0.763 ACRES OF LAND MORE OR nESS.
- ISTW.
7u,
CHRISTOPHER KBRADLEY
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5251
SUS
c
I I A
C)ate: Al -1 f
LEGAL DESCRIPTION
GATED ENTRYWAY
ENCROACHMENT EASEMENT
Being a 0.007 acre tract of land situated in the J.L. Hansbrough Survey,
Abstract No. 747, Tarrant County, Texas, and being a portion of that tract of
land described in a Deed to AIL Investment, L.P. as recorded in Volume 13588,
Page 188, of the Deed records of Tarrant County, Texas, and being more
particularly described by metes and bounds as follows:
COMMENCING AT A FOUND 5/8" IRON ROD LOCATED ON THE NORTH RIGHT OF WAY LINE OF
RAY WHITE ROAD, AT THE SOUTHWEST CORNER OF SAID AIL INVESTMENT TRACT;
THENCE S 89014 ' 13" E, ALONG SAID NORTH RIGHT OF' WAY LINE OF' RAY WHITE ROAD A
DISTANCE OF 467 . 92' , TO A POINT;
THENCE N 00041 '29" E, A DISTANCE OF 111. 95 ' , TO THE POINT OF BEGINNING OF THIS
TRACT OF LAND;
THENCE N 00041'29" E, A DISTANCE OF 20. 00' , TO A POINT;
THENCE S 89'20 '26" Ef A DISTANCE OF 15.00' , TO A POINT;
THENCE S 00'41 '29" W1 A DISTANCE OF 20.00' , TO A POINT;
THENCE N 89020 '26" W, A DISTANCE OF 15.00' , -10 THE POIN'F OF BEGINNING AND
CONTAING 0.007 ACRES OF LAND MORE OR LESS.
��°Q�`�i'S T�q°�0�J`
CHRISTOPHER Ks BRADLEY
op-------------
5251
SS\
O SURF
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Date: