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EASEMENT ENCROACHMENT LICENSE AGREEMENT
Commercial
THIS AGREEMENT (this"Agreement") is made and entered into by and
between THE CITY OF FORT WORTH, a home rule municipal corporation of Tarrant
County, Texas (the "City"), acting by and through its duly authorized City Manager,
Assistant City Manager, or Planning and Development Director, and FW I-35
LOGISTICS CENTER LLC, a Delaware limited liability company ("Licensee"),
owner of certain real property located at Golden Triangle Blvd and I-35W, Fort Worth,
Texas 76177 (the "Property"), acting by and through its duly authorized Manager.
RECITALS
WHEREAS, Licensee is the owner of certain real property situated in the City of
Fort Worth, Tarrant County, Texas, more particularly described in the attached legal
description of the Property, attached hereto as "Exhibit C"and incorporated herein for all
purposes; and
WHEREAS, the City has (or will have) certain water easements and sewer
easements (collectively,the "Easement") in the Property as shown on the map attached to
this Agreement as "Exhibit A," which is incorporated herein for all purposes; and
WHEREAS, Licensee desires to construct, place, and/or maintain certain
improvements and grant certain easements which will encroach in, on, above, or below the
City's Easement; and
WHEREAS, to accommodate the needs of the Licensee, the City will allow such
encroachments under the terms and conditions 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
the 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
portions of the City's Easement as described in and at the locations shown on Exhibit A
attached hereto, but only to the extent shown thereon, for the purpose of installing private
water and sewer lines and granting easements for such lines (collectively, the
"Encroachment"). Upon completion of the Encroachment, Licensee agrees to be
responsible for maintaining the Encroachment within the Easement. Licensee shall not
expand or otherwise cause the Encroachment to further infringe in or on the City's
Easement beyond what is specifically described in the exhibit(s) attached hereto.
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Easement Encroachment Agreement-Commercial
2.
All construction, maintenance, or operation in connection with the Encroachment,
use, and occupancy shall comply and be performed in strict compliance with this
Agreement and with the Charter, Ordinances, 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, or their duly authorized representative. Prior to the
construction of the Encroachment, Licensee shall submit all plans and specifications to the
applicable Director or duly authorized representative. Licensee shall not commence
construction of the Encroachment until such approval shall be indicated in writing by the
applicable Director or authorized representative. 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, 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, use, and
occupancy, including securing the approval and consent of the appropriate utility
companies and agencies of the State 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, Licensee shall pay to the City an additional amount equal to such
additional cost as reasonably determined by the Director of Transportation and Public
Works or the Director of the Water Department, or their duly authorized representative.
4.
Licensee agrees that the 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, or for any
other public purpose. The City shall bear no responsibility or liability for any damage or
disruption or other adverse consequences resulting from the Encroachment installed by
Licensee, but the City will make reasonable efforts to minimize such damage.
5.
Upon termination of this Agreement, Licensee shall, at the option of and at no
expense to the City, remove the Encroachment and restore the Easement to a condition
acceptable to the Director of Transportation and Public Works or the Director of the
Water Department, or their duly authorized representative, in accordance with then-
existing City specifications. It is understood and agreed to by Licensee that if this
Agreement terminates and Licensee fails to remove the Encroachment as directed and
restore the Easement, Licensee hereby gives the City permission to remove the
Encroachment and any supporting structures and assess a lien on the Property for the
costs expended by the City in taking such actions.
Easement Encroachment Agreement-Commercial Page 2 of 9
Revised 2/2018
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
encroachments and uses provided for by this Agreement, Licensee agrees to pay to City at
the time this Agreement is requested an application fee of in the sum of Five Hundred
Dollars ($500.00).
7.
The term of this Agreement shall be for thirty (30) years, commencing on the date
this Agreement is executed by the City; provided, however, upon the expiration of said
thirty(30)year term,and of each successive term of this Agreement,unless this Agreement
has theretofore been terminated by agreement of the parties, or otherwise, this Agreement
automatically shall be extended for successive periods of ten (10) years each. However,
this Agreement may be terminated upon Licensee's noncompliance with any of the
material terms of this Agreement as provided below. The City shall notify Licensee in
writing of any material noncompliance and if any such material noncompliance is not cured
within thirty (30) days, then the City may terminate this Agreement upon the expiration of
twenty (20) days following a further written notice by the City to Licensee, unless such
noncompliance is not susceptible to cure within thirty (30) days, in which case this
Agreement shall continue in full force and effect so long as Licensee commences and takes
such reasonable steps as are necessary to remedy the noncompliance within thirty(30)days
after written notice specifying the same, and thereafter proceeds diligently and with
continuity to remedy same.
8.
It is further understood and agreed between the parties hereto that the Easement to
be used and encroached upon is 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 Texas 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 Easement to be used
for any other public purpose that does not preclude the use of the Encroachment on the
Property, including but not being limited to underground, surface, or overhead
communication, drainage, sanitary sewerage, transmission of natural gas or electricity, or
any other public purpose, whether presently contemplated or not, that the parties agree to
negotiate in good faith in order to accommodate 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
Easement Encroachment Agreement-Commercial Page 3 of 9
Revised 2/2018
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 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 ENCROACHMENT 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 to the City, within
fifteen (15) days after receipt of a written request therefore, a Certificate of Insurance
naming the City as certificate holder as proof that Licensee 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 amount of such
insurance shall be not less than
$1,000,000
with the understanding and agreement by Licensee that such insurance amount may be
revised upward at the City's commercially reasonable option and that Licensee shall so
revise such amount within thirty (30)days following written notice by the City 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 B" and incorporated herein for all
purposes. Licensee agrees to submit, within fifteen (15) days after receipt of a written
request therefore, a similar Certificate of Insurance annually to the City on the anniversary
date of the execution of this Agreement.
Licensee agrees, binds, and obligates itself and its successors and assigns to
maintain and keep in force such public liability insurance at all times during the term of
this Agreement and until the removal of the Encroachment and the cleaning and restoration
of the Easement. All insurance coverage required herein shall include coverage of all
Licensee's contractors and subcontractors.
Easement Encroachment Agreement-Commercial Page 4 of 9
Revised 2/2018
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 Tarrant County, Texas. 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 uses.
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 is not, and it is not acting under this
Agreement 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
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 permissions before occupying
such property.
16.
In any action brought by the City for the enforcement of the obligations of the
Licensee, the 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.
Easement Encroachment Agreement-Commercial Page 5 of 9
Revised 2/2018
18.
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 Licensee providing to
the City written notice of such assignment.
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]
Easement Encroachment Agreement-Commercial Page 6 of 9
Revised 2/2018
City: Licensee:
CITY OF FORT WORTH FW I-35 LOGISTICS CENTER LLC,
a Delaware limited liability company
L
By: By: _ dil
D.J. Harrell, Interim Director Na : Susan Gruppi
Planning & Development Title: Manager
Date: `7 Z-d Date: {'f/
�-ORT.LIi
0
ATTEST: *''•.__ Approved As To Form and Legality
`,
ity Secretary Matthew Murray
Assistant City Attorney
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
k'1 V-MA &U�4
Janie S. Morales
Development Manager
OFFICIAL RECORC
CITY SECRETARY
FT WORTH,7X
Easement Encroachment Agreement-Commercial Page 7 of 9
Revised 2/2018
1 ' CITY OF FORT1 ' OFFICE USE 1
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"flay of
Mil , 20 .
Attatj
�, luo�A ���r"'rrs�i JENN':=E3
NACK\J :�PaY Pis':
o; .hfl;,y:v Texastary Publ' in and for e State of Texas . Q€ Com -2024No30
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
0FIIC1AL EC'0
CCBTY SECRETAIRY
CITY
'UUOR3 ,7
Easement Encroachment Agreement-Commercial Page 8 of 12
Revised 1/2020
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
—,on this day personally appeared Susan Gruppi,known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he or
she executed the same for the purposes and consideration therein expressed, as the act and
deed of FW I-35 Logistics Center LLC, a Delaware limited liability company, and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
F&WAYU , 20
Notary Public in and for the
State of Texas
o``P'r'n�''•, NICOLE C, COURSEY
Notary Public,State of Texas
Comm.Expires 06-14-2023
Notary ID 128642361
OFFICIAL RECORD
CITY SECRETARY
FT WORTH,TX
Easement Encroachment Agreement-Commercial Page 9 of 9
Revised 2/2018
EXHIBIT A
Metes and Bounds Legal Descriptions of the Encroachment,
together with
Map of the Easement and the Encroachment
See the following eleven (11)pages.
Easement Encroachment Agreement-Commercial Revised 12/2018
LEGAL DESCRIPTION
TRACT 1
BEING a 300 square foot(0.0069 acre)tract of land situated in the William McCowen Survey,Abstract No. 999,City
of Fort Worth,Tarrant County,Texas, and being part of that tract of land described in Special Warranty Deed to FW
1-35 Logistics Center LLC recorded in Instrument No. D219120119 of the Official Public Records of Tarrant County,
Texas; said tract being more particularly described as follows:
COMMENCING at a 1/2-inch iron rod found at the intersection of the east right-of-way line of Harmon Road (an
apparent public right-of-way, no dedication found) and the south right-of-way line of Golden Triangle Boulevard (a
variable width right-of-way);
THENCE North 89e23'40" East, along the said south line of Golden Triangle Boulevard, a distance of 560.59 feet to
a 1/2-inch iron rod found for corner;
THENCE North 89°21'51" East, continuing along the said south line of Golden Triangle Boulevard, a distance of 3.24
feet to a point;
THENCE departing the said south right-of-way line of Harmon Road, South 0e38'09"East, a distance of 25.82 feet to
a point for corner in the northwest line of a 20-foot permanent water facility easement described in the document
recorded in Instrument No. D216079180 of said Official Public Records, and being the POINT OF BEGINNING;said
point being the beginning of a non-tangent curve to the right;
THENCE along the said northwest line of the 20-foot permanent water facility easement, in a northeasterly direction
with said curve to the right, having an having a central angle of 1e01'00", a radius of 845.30 feet,a chord bearing and
distance of North 67e23'42"West, 15.00 feet and an arc distance of 15.00 feet to a point for comer;
THENCE departing the said northwest line of the 20-foot permanent water facility easement, South 22e36'18" East, a
distance of 20.00 feet to a point for corner in the southeast line of the said 20-foot permanent water facility easement,
and being the beginning of a non-tangent curve to the left;
THENCE along the said southeast line of the 20-foot permanent water facility easement, in a southwesterly direction,
with said curve to the left,having a central angle of 1 e00'48",a radius of 848.20 feet, a chord bearing and distance of
South 67e23'42"West, 15.00 feet and an arc distance of 15.00 feet to a point for corner;
THENCE departing the said southeast line of the 20-foot permanent water facility easement, North 25e13'46"West,a
distance of 20.00 feet to a point for corner in the said northwest line of the 20-foot permanent water facility easement,
and the POINT OF BEGINNING and containing 300 square feet or 0.0069 acres of land.
TRACT 2
BEING a 206 square feet(0.0047 acre)tract of land situated in the William McCowen Survey,Abstract No. 999, City
of Fort Worth,Tarrant County,Texas,and being part of that tract of land described in Special Warranty Deed to FW
1-35 Logistics Center LLC recorded in Instrument No.
D219120119 of the Official Public Records of Tarrant County, ENCROACHMENT AGREEMENT
Texas; said tract being more particularly described as follows: BEING PART OF LOT 2, BLOCK A,
COMMENCING at a 1/2-inch iron rod found at the NEWTON BUSINESS PARK ADDITION
intersection of the east right-of-way line of Harmon Road (an WILLIAM McCOWEN SURVEY,
apparent public right-of-way, no dedication found) and the ABSTRACT NO. 999
south right-of-way line of Golden Triangle Boulevard (a CITY OF FORT WORTH, TARRANT
variable width right-of-way); COUNTY, TEXAS
THENCE North 89e23'40" East, along the said south line of ■
Golden Triangle Boulevard, a distance of 560.59 feet to a Kimley* Horn
1/2-inch iron rod found for corner;
801 Cherry Street,Unit 11,#1300 Tel.No.(817)335-6511
Fort Worth,Taws 76102 FIRM 010194040 w .kimley-hom.00m
CONTINUED ON SHEET 2 Scale I Drawn by I Checked by Date P e No Sheet No.
N/A JBH MCB 12/11/2018 054464003 1 OF 11
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LEGAL DESCRIPTION (CONTINUED)
THENCE North 89"21'51" East, continuing along the said south line of Golden Triangle Boulevard, a distance
of 150.00 feet to a 5/8-inch iron rod with cap stamped "KHA" found for the northwest corner of a tract of land
described in Special Warranty Deed to R & S Miller Family Limited Partnership recorded in Instrument No.
D219088026 of said Official Public Records;
THENCE departing the said south right-of-way line of Golden Triangle Boulevard, South 0e38'09" East, along the
west line of said R & S Miller Family Limited Partnership tract, a distance of 339.57 feet to the POINT OF
BEGINNING;
THENCE continuing along the said west line of R &S Miller Family Limited Partnership tract, South 0°38'09" East, a
distance of 15.00 feet to a 5/8-inch iron rod with cap stamped "KHA" found for a westernmost southwest corner of
said R&S Miller Family Limited Partnership tract;
THENCE South 89022'55"West, a distance of 13.75 feet to a point for corner:
THENCE North 0"38'09"West,a distance of 15.00 feet to a point for corner;
THENCE North 89022'55" East, a distance of 13.75 feet to the POINT OF BEGINNING and containing 206 square
feet or 0.0047 acres of land.
TRACT 3
BEING a 150 square feet(0.0034 acre)tract of land situated in the William McCowen Survey,Abstract No.999, City
of Fort Worth, Tarrant County, Texas, and being part of a tract of land described in Special Warranty Deed to FW
1-35 Logistics Center LLC recorded in Instrument No. D219120119 of the Official Public Records of Tarrant County,
Texas; said tract being more particularly described as follows:
COMMENCING at a 5/8-inch iron rod with cap stamped "DUNAWAY" found in the east right-of-way line of Harmon
Road (an apparent public right-of-way, no dedication found), for the northwest corner of Lot, Block 1, Properties
413KE Addition, an addition to the City of Fort Worth, Texas according to the plat recorded in Instrument No.
D213284460 of said Official Public Records;
THENCE South 76°14'43" East,along the north line of said Lot 1, Block 1,a distance of 580.49 feet to a 5/8-inch iron
rod with cap stamped"AW 4186"found for the northeast corner of said Lot 1, Block 1;
THENCE South 0028'59" East, along the east line of said Lot 1, Block 1, a distance of 146.99 feet to the POINT OF
BEGINNING;
THENCE North 89e31'01" East, a distance of 15.00 feet to a point for corner;
THENCE South 0028'59"East, a distance of 10.00 feet to a point for comer;
THENCE South 89e31'01" West, a distance of 15.00 feet ENCROACHMENT AGREEMENT
to a point for corner in the said east line of Lot 1, Block 1; BEING PART OF LOT 2, BLOCK A,
THENCE North 0°28'59"West, along the said east line of NEWTON BUSINESS PARK ADDITION
Lot 1, Block 1, a distance of 10.00 feet to the POINT OF WILLIAM McCOWEN SURVEY,
BEGINNING and containing 150 square feet or 0.0034 ABSTRACT NO. 999
acres of land. CITY OF FORT WORTH, TARRANT
COUNTY, TEXAS
Kimlev))) Horn
$01 Cherry Street,Unit 11,i 1300 Tel No.(817)335-6511
Fort Worth,Texas 76102 FIRM 9 10194040 www.kimley-hom.com
Swle Drawn by I Checked by I Data I Pro ed No. I Sheet No,
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TRACT 4
BEING a 150 square feet(0.0034 acre)tract of land situated in the William McCowen Survey,Abstract No. 999, City
of Fort Worth, Tarrant County, Texas, and being part of Lot 2, Block A, Newton Business Park Addition, an addition
to the City of Fort Worth according to the plat recorded in Instrument No. D218056543 of the Official Public Records
of Tarrant County, Texas, and being part of a tract of land described in Special Warranty Deed to FW 1-35 Logistics
Center LLC recorded in Instrument No. D219120119 of said Official Public Records; said tract being more
particularly described as follows:
COMMENCING at a 5/8-inch iron rod with cap stamped "DUNAWAY"found in the east right-of-way line of Harmon
Road (an apparent public right-of-way, no dedication found), for the northwest corner of Lot, Block 1, Properties
46KE Addition, an addition to the City of Fort Worth, Texas according to the plat recorded in Instrument No.
D213284460 of said Official Public Records;
THENCE South 76014'43"East,along the north line of said Lot 1, Block 1, a distance of 580.49 feet to a 5/8-inch iron
rod with cap stamped"AW 4186"found for the northeast comer of said Lot 1, Block 1;
THENCE South 0°28'59"East, along the east line of said Lot 1, Block 1, a distance of 326.19 feet to 5/8-inch iron rod
with cap stamped"AW 4186"found for the southeast comer of said Lot 1, Block 1;
THENCE South 0038'15" East,a distance of 74.13 feet to the POINT OF BEGINNING;
THENCE North 89e21'48" East, a distance of 15.00 feet to a point for comer;
THENCE South 0*38'12" East, a distance of 10.00 feet to a point for corner;
THENCE South 89021'48"West, a distance of 15.00 feet to a point for corner.
THENCE North 0038'12" West, a distance of 10.00 feet to the POINT OF BEGINNING and containing 150 square
feet or 0.0034 acres of land.
TRACT 5
BEING a 150 square feet(0.0034 acre)tract of land situated in the William McCowen Survey,Abstract No. 999,City
of Fort Worth, Tarrant County, Texas, and being part of a tract of land described in Special Warranty Deed to FW
1-35 Logistics Center LLC recorded in Instrument No. D219120119 of the Official Public Records of Tarrant County,
Texas; said tract being more particularly described as follows:
COMMENCING at an aluminum disc stamped "TXDOT' found in the west right-of-way line of North Freeway (a
variable width right-of-way, 400-foot wide at this point), for a northeast corner of said FW 1-35 Logistics Center LLC
tract,
THENCE North 14"23'37" East, along the said west right-of-way line of North Freeway, a distance of 27.73 feet to
a 5/8-inch iron rod with cap stamped "KHA" found for the southeast corner of a tract of land described in Special
Warranty Deed to R & S Miller Family Limited Partnership recorded in Instrument No. D219088026 of said Official
Public Records;
ENCROACHMENT AGREEMENT
BEING PART OF LOT 2, BLOCK A,
CONTINUED ON SHEET4 NEWTON BUSINESS PARK ADDITION
WILLIAM McCOWEN SURVEY,
ABSTRACT NO. 999
CITY OF FORT WORTH, TARRANT
COUNTY, TEXAS
Kimlev* Horn
801 Cho"Street.Urdt 11.#1300 Tel.No.(817)335-6511
Fort Worth,Texas 76102 FIRM#10194040 x .Wmley-hom.com
Scale Drawn by I Checked by Date Project No. het No.
NIA JBH MCB 12/1120181 064454003 30F11
HOPPER.BRADIN 1/27/2020 9:52 AM KAFTW_SURVEY1064464003-STREAM M2G BRAND FX\DWG\064464003STREAM M2G BRAND FX_ENCMT.DWG
LEGAL DESCRIPTION (CONTINUED)
THENCE South 89"21'51"West,along the south line of said R&S Miller Family Limited Partnership tract, a distance
of 84.93 feet to a point;
THENCE departing the said south line of R & S Miller Family Limited Partnership tract, South 0"36'21" East, a
distance of 9.46 feet to the POINT OF BEGINNING;
THENCE the following four(4)calls:
South 0036'21" East, a distance of 15.00 feet to a point for corner;
South 89"23'39"West, a distance of 10.00 feet to a point for corner,
North 0"36'21"West,a distance of 15.00 feet to a point for corner;
North 89023'39" East, a distance of 10.00 feet to the POINT OF BEGINNING and containing 150 square feet
or 0.0034 acres of land.
TRACT 6
BEING a 210 square feet(0.0048 acre)tract of land situated in the William McCowen Survey,Abstract No. 999,City
of Fort Worth, Tarrant County, Texas, and being part of a tract of land described in Special Warranty Deed to FW
1-35 Logistics Center LLC recorded in Instrument No. D219120119 of the Official Public Records of Tarrant County,
Texas; said tract being more particularly described as follows:
COMMENCING at an aluminum disc stamped "TXDOT" found in the west right-of-way line of North Freeway (a
variable width right-of-way, 400-foot wide at this point), for a northeast corner of said FW 1-35 Logistics Center LLC
tract,
THENCE North 14°23'37" East, along the said west right-of-way line of North Freeway, a distance of 27.73 feet to
a 5/8-inch iron rod with cap stamped "KHA" found for the southeast corner of a tract of land described in Special
Warranty Deed to R & S Miller Family Limited Partnership recorded in Instrument No. D219088026 of said Official
Public Records;
THENCE South 89e21'51"West, along the south line of said R&S Miller Family Limited Partnership tract, a distance
of 524.23 feet to a mag nail with washer stamped "KHA" found for a southwest comer of said R & S Miller Family
Limited Partnership tract;
THENCE departing the said south line of R & S Miller Family Limited Partnership tract, South 74055'10" East, a
distance of 37.43 feet to the POINT OF BEGINNING;
CONTINUED ON SHEET 5
ENCROACHMENT AGREEMENT
BEING PART OF LOT 2, BLOCK A,
NEWTON BUSINESS PARK ADDITION
WILLIAM McCOWEN SURVEY,
ABSTRACT NO. 999
CITY OF FORT WORTH, TARRANT
COUNTY, TEXAS
Kimlev* Horn
801 Cherry Street,Un811,#1300 Tel.No.(817)335-6511
Fort Worth,Texas 76102 FIRM C 10194040 w .kimleyfiom.com
S_le Drawn by i Checked by — Proiect No. Sheet No.
WA JBH MOB I 12/11/2010 I OW04003 4 OF 11
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LEGAL DESCRIPTION (CONTINUED)
THENCE the following four(4)calls:
South 0e38'09" East,a distance of 15.00 feet to a point for corner:
South 89e21'51"West, a distance of 14.00 feet to a point for corner;
North 0e38'09"West, a distance of 15.00 feet to a point for corner;
North 89e21'51" East, a distance of 14.00 feet to the POINT OF BEGINNING and containing 210 square feet
or 0.0048 acres of land.
TRACT 7
BEING a 219 square feet(0.0050 acre)tract of land situated in the William McCowen Survey,Abstract No. 999, City
of Fort Worth, Tarrant County, Texas, and being part of a tract of land described in Special Warranty Deed to FW
1-35 Logistics Center LLC recorded in Instrument No. D219120119 of the Official Public Records of Tarrant County,
Texas; said tract being more particularly described as follows:
COMMENCING at an aluminum disc stamped "TXDOT" found in the west right-of-way line of North Freeway (a
variable width right-of-way, 400-foot wide at this point), for a northeast corner of said FW 1-35 Logistics Center LLC
tract,
THENCE North 14a23'37" East, along the said west right-of-way line of North Freeway, a distance of 27.73 feet to
a 5/8-inch iron rod with cap stamped "KHA" found for the southeast comer of a tract of land described in Special
Warranty Deed to R & S Miller Family Limited Partnership recorded in Instrument No. D219088026 of said Official
Public Records;
THENCE South 89°21'51"West, along the south line of said R&S Miller Family Limited Partnership tract, a distance
of 524.23 feet to a mag nail with washer stamped "KHA" found for a southwest corner of said R & S Miller Family
Limited Partnership tract,and being the beginning of a tangent curve to the right;
THENCE continuing along the said south line of R & S Miller Family Limited Partnership tract, in a northwesterly
direction,with said curve to the right, having a central angle of 1 e39'17", a radius of 100.00 feet, an arc length of 2.89
feet and a long chord bearing and distance of North 89°48'31" West, 2.89 feet to a mag nail with washer stamped
"KHA"found for corner,and being the POINT OF BEGINNING;
THENCE departing the said south line of R & S Miller Family Limited Partnership tract, South 44e00'15" East, a
distance of 12.90 feet to a point for corner;
THENCE South 89e21'51"West, a distance of 20.63 feet to a point for corner;
THENCE North 44e00'15"West, a distance of 17.95 feet to a point for comer in the said south line of R & S Miller
Family Limited Partnership tract, and being the beginning of a non-tangent curve to the left having a central angle of
14e00'06",a radius of 100.00 feet, a chord bearing and distance of South 81°58'49"East,24.38 feet;
THENCE along the said south line of R & S Miller Family ENCROACHMENT AGREEMENT
Limited Partnership tract, in a southeasterly direction, with BEING PART OF LOT 2, BLOCK A,
said curve to the left, an arc distance of 24.44 feet to the NEWTON BUSINESS PARK ADDITION
POINT OF BEGINNING and containing 219 square feet or
0.0050 acres of land. WILLIAM McCOWEN SURVEY,
ABSTRACT NO. 999
CITY OF FORT WORTH, TARRANT
COUNTY, TEXAS
Kimlev* Horn
801 Cho"Sleet,Unit 11,#1300 1 Tel.No.(817)335-6511
Fort Warth,Texas 76102 FIRM 010194040 y .kimley-hom.com
Scala I Dram by I Checked by Date I Proiect No. Sheet No.
WA JBH MCB 12/1112019 064464003 5 OF 11
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TRACT 8
BEING a 180 square feet(0.0041 acre)tract of land situated in the William McCowen Survey,Abstract No. 999, City
of Fort Worth, Tarrant County, Texas, and being part of Lot 2, Block A, Newton Business Park Addition, an addition
to the City of Fort Worth according to the plat recorded in Instrument No. D218056543 of the Official Public Records
of Tarrant County, Texas, and being part of a tract of land described in Special Warranty Deed to FW 1-35 Logistics
Center LLC recorded in Instrument No. D219120119 of said Official Public Records; said tract being more
particularly described as follows:
COMMENCING at a 5/8-inch iron rod with cap stamped "DUNAWAY" found in the west right-of-way line of North
Freeway(a variable width right-of-way,350-foot wide at this point),for the southeast corner of said Lot 2, Block A;
THENCE South 89"36'59" West, along the south line of said Lot 2, Block A, a distance of 821.11 feet to a 5/8-inch
iron rod with cap stamped"DUNAWAY"found for an inner ell corner of said Lot 2, Block A;
THENCE North 59"29'22"West, a distance of 49.16 feet to the POINT OF BEGINNING;
THENCE the following four(4)calls:
South 89e23'40"West, a distance of 10.00 feet to a point for comer:
North 0036'20"West, a distance of 18.00 feet to a point for corner:
North 89"23'40" East, a distance of 10.00 feet to a point for comer,
South 0°36'20"East, a distance of 18.00 feet to the POINT OF BEGINNING and containing 180 square feet or
0.0041 acres of land.
NOTES:
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202),with
an applied combined scale factor of 1.00012.
A survey plat of even survey date herewith accompanies this metes and bounds description.
The undersigned, Registered Professional Land Surveyor, ENCROACHMENT AGREEMENT
hereby certifies that foregoing description accurately sets out the BEING PART OF LOT 2, BLOCK A,
metes and bounds of the encroachment tracts. NEWTON BUSINESS PARK ADDITION
WILLIAM McCOWEN SURVEY,
ABSTRACT NO. 999
ICHAEL C. BILLINGSLEY
*; ;* CITY OF FORT WORTH, TARRANT
REGISTERED PROFESSIONAL COUNTY, TEXAS
ICH MAEL CLEO
LAND SURVEYOR NO.6558 IC ••••••• �BILLINGSLEYING
801 CHERRY STREET, •••`............••••a•••� ■
UNIT 11 SUITE 1300 '• ,0 6558 Ki mle >>> Horn
FORT WORTH,TEXAS 76102 9%'��FE S S�� •o
N' '••......•• 'y 801 Cheny Street,Unit 11,91300 if Tel.No.(817)335-6511
PH. 817-335-651 1 Q 8 IJ R ` Fort Wonh,Texas 76102 FIRM 0 10194040 www.kimley-hom.com
michael.billingsley@kimley-hom.com Scale Drawn by I Checked by I Data I Project No. S eet No
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LOT 2, BLOCK 1
SYNERGY WEST NORTH
518"IRF (INST. NO. D217094127) o so 100
�J GRAPHIC SCALE IN FEET
FUTURE RIGHT-OF-WAY
P" Cj ..=�r _ DEDICATION PER THE CITY
OF FORT WORTH ON 5/8/2019
(TRAC 1 &2) i
1/2"IRF 1/2"IRF C1
(C.M.) N89°23'40'E 560.59' (C.M.Ll
) N89°21'51"E 150.00'
I HARM O N ROAD P'�$' RF <w
TRACT 1) i 2
(AN APPARENT PUBLIC RIGHT-OF-WAY)
I I (NO DEDICATION FOUND) i 10'X10'PUBLIC OPEN
I I / SPACE EASEMENT I
(PROPOSED) I
15'WATER LINE EASEMENT / / TRACT 1
(VOL 16156,PG.315) I t'
/0.0069 ACRES 40'PUBLIC I
ACCESS M
I I // /Ile 300 SQ. FT. EASEMENT w
(PROPOSED) I o
') I 10'ANTER RESOURCES ``'
I� ---PIPELINEAASEMENT // // P.O.B. I C�13
I I (INST.NO.D204284148) (TRACT 2)
20 ACT I
II /
LEGEND i/ / 'PERMANENT WATER L8
/ FACILITY EASEMENT 16 SANITARY
A=CENTRAL ANGLE / (INST.NO.D216079180) SEWER EASEMENT
P.O.C.=POINT OF COMMENCING (PROPOSED)
P.O.B.=POINT OF BEGINNING TRACT 2
ADF=ALUMINUM DISK FOUND
MNF=MDG NAIL FAUN WASHER FW 1-35 LOGISTICS CENTER LLC 0.0047 ACRES L7
(INST. NO. D219120119) L6
IRFC=IRON ROD WITH CAP FOUND 206 SQ. FT. L5
NOTES:
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone(4202),with
an applied combined scale factor of 1.00012.
A survey plat of even survey date herewith accompanies this metes and bounds description.
The undersigned, Registered Professional Land Surveyor, ENCROACHMENT AGREEMENT
hereby certifies that foregoing description accurately sets out BEING PART OF LOT 2, BLOCK A,
the metes and bounds of the encroachment tracts. NEWTON BUSINESS PARK ADDITION
WILLIAM McCOWEN SURVEY,
2 /Zo ,�E �F r ABSTRACT NO. 999
�PsTOys
MICHAEL BILLINGSLEY col" * CITY OF FORT WORTH, TARRANT i
REGISTERED
D PROFESSIONAL COUNTY, TEXAS
LAND SURVEYOR NO.6558 MICHAEL CLEO CL•61BI•LLINGG
SLEY
801 CHERRY STREET, ••`..................••• ;•••
UNIT 11 SUITE 1300 ,0 6558 �•:` Kidpw) Horn
FORT WORTH,TEXAS 76102 91'��FESS����'o�
I '/•�•••••.....•`•1••c�•`k 801 Cherry Street,Unit 11.#1300 Tel.No,(817)335-6511
PH. 817-335-651 1 O S V R v ` Fort Worth,Texas 76102 FIRM#10194040 www.kimley-hom.com
michael.billingsley@kimley-hom.com Scale I Drawn by I Checked by D`te Proiect No. Eh .
1'-100' J13H MCB 12JI112019 D64464003
HOPPER,BRADIN 1/27/2020 9:52 AM K:1FTW_SURVEI'1064464003-STREAM M2G BRAND FMOWG7o64464003-STREAM M2G BRAND FX_ENCMT.DWG
FUTURE RIGHT-OF-WAY DEDICATION PER
/ THE CITY OF FORT WORTH ON 5/8/2019 — y
_I 1120'PERMANENT WATER NORTH
I FACILITY EASEMENT FW 1-35 LOGISTICS
I (INST.NO.D216079180) /
I � / CENTER LLC / o so 100
J5/8"
(INST. NO. D219120119) GRAPHIC SCALE IN FEET
15'WATER LINE EASEMENT(PROPOSED)C I" DETENT/O I
(C.M.) I S>6`1443 E RoEME�
I N13"46'07"E S80.49' �
I I 4.61' I
�I I S76"1443"E
Lj 2719' 5/8"IRFC i
I r"O"�" "AW 4186"
P.
I
1-9—
(TRACT 3&4) I
o P.O.B. I
� �
Q 4 z (TRACT 3) L10
LL z LOT 1, BLOCK 1 TRACT 3 L13
`—' ° PROPERTIES 4BKE ADDITION
O a < (INST. NO. D213284460) 0.0034 ACRES ,W 4R86 L11
I- 0 150 SQ. FT. L12
z ul PROPERTIES 4BKE,LLC
u o (INST. NO. D213175127) I
I Q d ? SO"28'59"E I
zQ 326.19' I
a 5/8"IRFC"AW 5/8"IRFC I
4186"(C.M.) "AW 4186" I
5/8"IRFC"AW P"0.B" SO"38'15"E I
I ;;
4186'(C.M.) LOT 2, BLOCK A 7a 13' I I L
(TRACT 4)
NEWTON BUSINESS
TRACT 4 L15
PARK ADDITION 00034 ACRES L17
. _
(INST. NO. D218056543) 150 SQ. FT. C�L16
ENCROACHMENT AGREEMENT
BEING PART OF LOT 2, BLOCK A,
NEWTON BUSINESS PARK ADDITION
WILLIAM McCOWEN SURVEY,
ABSTRACT NO. 999
CITY OF FORT WORTH, TARRANT
LEGEND COUNTY, TEXAS
A=CENTRAL ANGLE Kirnley* Horn
P.O.C.=POINT OF COMMENCING
P.O.B.=POINT OF BEGINNINGADF=ALUMINUM DISK FOUND 801 Cherry Sims%Un811.N 130 Tel No.(817)335-6511
MNF=MAG NAIL WITH WASHER STAMPED"KHA"FOUND Fort Worm,Taxes 76102 FIRM a 10194040 w .kimley-hom.com
IRFC=IRON ROD WITH CAP FOUND Scale Drawn by I Checked by I D=te IPro ect No. Sat No.
6 -11--1ar JSH MCB 12H v101a 064464003 S OF 11
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NORTH
R&S MILLER FAMILY LIMITED PARTNERSHIP 0 so 100
(INST. NO. D219088026)
GRAPHIC SCALE IN FEET
TRACT 7 I
0.0050 ACRES 15'SANITARYSEWER EASEMENT
,I l III
\ 219 SQ. FT. 40'PUBLIC ACCESS (VOL.61156,PG. l I I
`\\ \ I
\ EASEMENT—
P.O.B. (PROPOSED) P.O.B. I I I I
\ \\ \ (TRACT 7) 5/6"IRFC I I II I
\\ \ C4 15'SANITARY (TRACT 5) "KHA" I
\\ \ MNF\\ C3 SEWER EASEMENT I II
\ \ (PROPOSED) L24 L20/ I
MNF L28 \ L29— ------- -----L23 L19 �� I
L27 _-_ ____—________ — L16
S74°55'10'W S69°21'51"W L21'
ADF
L26 37.43' 524.23' L22 I I I I "TXDOT"
L30 I TRACT 5 (C.M.)
L31 I I /I
L25 P.O.B. 0.0034 ACRES ,I 11�� a
150 SQ. FT.
(TRACT 6)
TRACT 6 P.O.C. I I/ 14
0.0048 ACRES (TRACT 5-7) 1 1 1l L(!
210 SQ. FT. 15 UNDERGROUND I I II
UTILITY EASEMENT
AGREEMENT(WATER) III 3
FW 1-35 LOGISTICS CENTER LLC (INST.NO.D216062721) I I III
(INST. NO.D219120119) 15'UNDERGROUND UTILITY I I II
EASEMENT AGREEMENT(SEWER)_ O
(INST.NO.D216062721)
PERMANENT SEWER I I III
FACILITY EASEMENT I
(INST.NO.D216037759) I
I I II I 5re"IRF
ENCROACHMENT AGREEMENT
BEING PART OF LOT 2, BLOCK A,
NEWTON BUSINESS PARK ADDITION
WILLIAM McCOWEN SURVEY,
ABSTRACT NO. 999
CITY OF FORT WORTH,TARRANT
LEGEND COUNTY, TEXAS
A=CENTRAL ANGLE P.O.C.=POINT OF COMMENCING Kimlev))) Horn
P.O.B.=POINT OF BEGINNING
ADF=ALUMINUM DISK FOUND 801 Cherry Street,Unit tt,#13W I Tel.No.(817)33"511
MNF=MAG NAIL WITH WASHER STAMPED"KHA'FOUND Fort Worth,Texas 76102 FIRM 910194040 www.klmley-hom.com
IRFC=IRON ROD WITH CAP FOUND Sae I Drawn by Checked by I Date Pro t No. Sheet No.
1'=100' J8H MCB 1 12111/2019 1 064484003 9 OF 11
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— � NORTH
0 50 100
GRAPHIC SCALE IN FEET
FW 1-35 LOGISTICS CENTER LLC 1 ��
(INST. NO. D219120119) /
LOT 2, BLOCK A w if 1
NEWTON BUSINESS PARK ADDITION 1N
(INST. NO. D218056543) w
Q i co if
co c ry llIld/1
TRACT 8 ? / 11 if
L34 0.0041 ACRES (PROPOSED)NE EASEMENT P.O.C.
180 SQ. FT. (TRACT 8) n
_-_J_L l 11l
L33 _�L35, L------ -- ------ '�/-
5/8"IRFC"DUNAWAY" 1/2"IRF
L32 S89°36'59'1N 821.11' / / ` �_
N59°29'22"W -5/8"IRFC / / // 3
49.16' PRIVATE DRAINAGE EASEMENT "DUNAWAY' �j
(INST.NO.D218056543) J // W _
P.O.B. �� / / X
(TRACT 8) w O�oo
LOT 1, BLOCK A
NEWTON BUSINESS PARK ADDITION �j z
(INST. NO. D218056543) a if// / 0 Ir
PS LPT PROPERTIES INVESTORS / Z §
(INST. NO. D216062719) I / Is
ENCROACHMENT AGREEMENT
BEING PART OF LOT 2, BLOCK A,
NEWTON BUSINESS PARK ADDITION
WILLIAM McCOWEN SURVEY,
ABSTRACT NO. 999
CITY OF FORT WORTH, TARRANT
LEGEND COUNTY, TEXAS
A=CENTRAL ANGLE Kimlev* Horn
P.O.C.=POINT OF COMMENCING
P.O.B.=POINT OF BEGINNING
ADF=ALUMINUM DISK FOUND 801 Cherry Sheet.Unit 11.01300 Af Tel.No.(617)335-6511
MNF=MAG NAIL WITH WASHER Fort WoM,Twee 76102 FIRM a 10194040 www.idmleyficm.com
STAMPED'KHA"FOUND Scale Drawn by Chec ed by Date Proiect No. Sheet No.
1'-100' JBH I mcB I 12/11l1011i I M454003 10 OF 11
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LINE TABLE LINE TABLE
NO. BEARING LENGTH NO. BEARING LENGTH
L1 N89'21'51"E 3.24' L21 S00'36'21"E 15.00'
L2 S00'38'09"E 25.82' L22 S89.23'39'W 10.00'
L3 S22'36'18"E 20.00' L23 N00'36'21"W 15.00'
L4 N22'36'18'W 20.00' L24 N89'23'39"E 10.00'
L5 S00'38'09"E 15.00' L25 S00'38-09"E 15.00'
L6 S89'22'55W 13.75' L26 S89'21'51"W 14.00'
L7 N00'38'09"W 15.00' L27 N00'38'09"W 15.00'
L8 N89'22'55"E 13.75' L28 N89°21'51"E 14.00'
L9 S00'29'01"E 146.99' L29 S44'00'15"E 12.90'
L10 N89'31'01"E 15.00' L30 S89'21'51"W 20.63'
L11 S00'28'59"E 10.00, L31 N44'00'15"W 17.95'
L12 389'31'01"W 15.00' L32 S89'23'40"W 10.00'
L13 N00'28'59"W 10.00' L33 N00'36'20"W 18.00'
L14 N89'21'48"E 15.00' L34 N89'23'40"E 10.00'
L15 S00'3812"E 10.00, L35 S00'36'20"E 18.00'
L16 S89'21'48W 15.00'
L17 N00'38'12"W 10.09
L18 N14'23'37"E 27.73'
L19 S89'23'39'W 84.93'
L20 j S00'36-21"E 9.46'
CURVE TABLE
NO. DELTA RADIUS LENGTH CHORD BEARING CHORD
Cl 1'0100" 845.39 15.00' N67'2342"E 15.00'
C2 1'00'48" 848.20' 15.00' S67.23'42W 15.00'
C3 1'3917' 100.00' 2.89' N89°48'31"W 2.89'
C4 14'00'06" 100.00' 24.44' S81'5849"E 24.38'
ENCROACHMENT AGREEMENT
BEING PART OF LOT 2, BLOCK A,
NEWTON BUSINESS PARK ADDITION
WILLIAM McCOWEN SURVEY,
ABSTRACT NO. 999
CITY OF FORT WORTH, TARRANT
COUNTY, TEXAS
Kiml P., >>) Horn
801 glary Sheet.Unit 11.#,300� Tel.No.(817)335-6511
Fat Worth,Texas 76102 FIRM#10194040 www.kimleyJam.com
Swle I Drawn by I Checked by Dale ProT ei a No, Shoot No
1'-mm JBH MCB 12/11/2019 064454003 11OF11
HOPPER,BRADIN 127/2020 9:53 AM K kFTW_SURVEM64464003-STREAM M2G BRAND FXIDWG1064464003-STREAM M2G BRAND FX_ENCMT.DWG
EXHIBIT B
Certificate of Insurance
See the following page.
Easement Encroachment Agreement-Commercial Revised 12/2018
EXHIBIT C
Metes and Bounds Legal Description of the Property
BEING a 41.8879 acre tract of land situated in the William McCowen Survey, Abstract No. 999,
City of Fort Worth,Tarrant County,Texas;said tract being all of Lot 2, Block A,Newton Business
Park Addition, an addition to the City of Fort Worth according to the plat recorded in Instrument
No. D218056543 of the Official Public Records of Tarrant County,Texas; said tract also being all
of that tract of land described in Special Warranty Deed to R&S Miller Family Limited Partnership
recorded in Instrument No. D219088028 of said Official Public Records; said tract also being part
of that tract of land described in Special Warranty Deed to R&S Miller Family Limited Partnership
recorded in Instrument No. D219088026 of said Official Public Records; said tract being more
particularly described as follows:
BEGINNING at a 1/2-inch iron rod found at the intersection of the south right-of-way line of
Golden Triangle Boulevard (a variable width right-of-way) and the east right-of-way line of
Harmon Road(an apparent public right-of-way,no dedication found);
THENCE North 89°23'40" East,along the said south line of Golden Triangle Boulevard,a distance
of 560.59 feet to a 1/2-inch iron rod found for corner;
THENCE North 89°2 V51"East,continuing along the said south line of Golden Triangle Boulevard,
a distance of 150.00 feet to a 5/8-inch iron rod with "KHA" cap set for corner;
THENCE South 0°38'09" East, departing the said south line of Golden Triangle Boulevard, a
distance of 354.66 feet to a 5/8-inch iron rod with "KHA" cap set for corner;
THENCE North 89°22'12" East, a distance of 436.68 feet to a pk-nail set for corner; said point
being the beginning of a non-tangent curve to the left;
THENCE in a southeasterly direction, with said curve to the left, having a central angle of
36'11'04",a radius of 100.00 feet,an arc length of 63.15 feet and a long chord bearing and distance
of South 25°45'57" East, 62.11 feet to a pk-nail set for corner;
THENCE South 43°51'29"East,a distance of 128.83 feet to a pk-nail set for corner at the beginning
of a tangent curve to the left;
THENCE in a southeasterly direction, with said curve to the left, having a central angle of
46°46'40",a radius of 100.00 feet,an arc length of 81.64 feet and a long chord bearing and distance
of South 67'14'49" East, 79.39 feet to a pk-nail set for corner;
THENCE North 89021'51" East, a distance of 524.23 feet to a 5/8-inch iron rod with "KHA" cap
set for corner in the west right-of-way line of North Freeway(a variable width right-of-way);
THENCE South 14°23'37" West, along the said west line of North Freeway, a distance of 27.73
feet to an aluminum disc stamped"TXDOT"found for corner;
THENCE South 11'47'37" West,a distance of 550.95 feet to an aluminum disc stamped"TXDOT"
found for corner at the beginning of a non-tangent curve to the left;
THENCE in a southwesterly direction, with said curve to the left, having a central angle of
1'53'15",a radius of 5904.58 feet,an arc length of 194.52 feet and a long chord bearing and distance
Easement Encroachment Agreement-Commercial Revised 1212018
of South 13°26'54" West, 194.51 feet to a 5/8-inch iron rod with "DUNAWAY"cap found for the
northeast corner of Lot 1 in said Block A; the right-of-way of North Freeway being 350.00 feet
wide at this point;
THENCE South 89037'47" West,departing the said west line of North Freeway and along the north
line of said Lot 1, Block A,a distance of 821.89 feet to a 5/8-inch iron rod with"DUNAWAY"cap
found for the northwest corner of said Lot 1, Block A;
THENCE South 0023'19" East,along the west line of said Lot 1, Block A,a distance of 275.00 feet
to a 5/8-inch iron rod with"DUNAWAY"cap found for the southwest corner of said Lot 1, Block
A;
THENCE South 89038'42" West, a distance of 827.91 feet to a 1/2-inch iron rod found for corner;
THENCE North 22023'41" West, a distance of 107.70 feet to a 1/2-inch iron rod found for corner;
THENCE North 0019'40" West, a distance of 228.52 feet to a 1/2-inch iron rod found for corner;
THENCE South 89053'11" West,a distance of 31.95 feet to a 5/8-inch iron rod with"DUNAWAY"
cap found for corner;
THENCE North 0025'03" West,a distance of 190.14 feet to a 5/8-inch iron rod with"DUNAWAY"
cap found for corner;
THENCE South 89058'09" East, a distance of 595.03 feet to a 5/8-inch iron rod with "AW 4186"
cap found for the southeast corner of Lot 1, Block 1, Properties 413KE Addition, an addition to the
City of Fort Worth according to the plat recorded in Instrument No. D213284460 of said Official
Public Records;
THENCE North 0028'59" West,along the east line of said Lot 1, Block 1, a distance of 326.19 feet
to a 5/8-inch iron rod with"AW 4186"cap found for the northeast corner of said Lot 1, Block 1;
THENCE North 76°14'43" West, along the north line of said Lot 1, Block 1, a distance of 580.49
feet to a 5/8-inch iron rod with"DUNAWAY"cap found for corner;
THENCE North 0°29'33" West, a distance of 574.73 feet to the POINT OF BEGINNING and
containing 41.8879 acres or 1,824,637 square feet of land, more or less.
Easement Encroachment Agreement-Commercial Revised 12/2018