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HomeMy WebLinkAboutContract 53809 7 `I j r 4%`' EASEMENT ENCROACHMENT LICENSE AGREEMENT Commercial CSC No. 53809 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 Planning and Development Director, and LRIC CHAMPIONS CENTER, LP, a Texas limited partnership ("Licensee"), owner of the real property located at SH 114 and Championship Parkway, Fort Worth,Texas 76177 ("Property's, 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, Denton County, Texas, more particularly described in the attached Legal Description of the Property, attached as "Exhibit C" and incorporated herein for all purposes; and WHEREAS, the City has a water and wastewater easement (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 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 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 the 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 Easement as described in and at the location shown on Exhibit A, but only to the extent shown thereon, for the purpose of installing private storm drain and paving (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 City's Easement beyond what is specifically described in the exhibit(s)attached hereto. 2. OFFICIAL,wtaRn, 4 r.wT- ITY S Cki.:F.a Easement Encroachment Agreement-Commercial �a�e wo�RTI'l,TX y .�b All construction, maintenance, or operation in connection with such 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 Easement Encroachment Agreement-Commercial Page 2 of 14 Encroachment and any supporting structures and 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 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. However, this Agreement may be terminated upon Licensee's noncompliance with any of the terms of this Agreement. City shall notify Licensee in writing of any noncompliance and if not cured within thirty (30) days, this Agreement shall be deemed terminated, unless such noncompliance is not susceptible to cure within thirty (30) days, in which case this Agreement shall be deemed terminated in the event that Licensee fails to commence and take such reasonable steps as are necessary to remedy the noncompliance within thirty (30) days after written notice specifying the same, or having so commenced, thereafter fails to proceed 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 AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY Easement Encroachment Agreement-Commercial Page 3 of 14 DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER HIND 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 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 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 $1,000,000 with the understanding and agreement by Licensee that such insurance amounts may be revised upward at City's option and that Licensee shall so revise such amounts immediately following notice to Licensee of such requirement. Such insurance policy shall not be canceled or amended without at least thirty (30) days prior written notice to the Building Official of the City. A copy of such Certificate of Insurance is attached as "Exhibit B" and incorporated herein for all purposes. Licensee agrees to submit 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. 11. Easement Encroachment Agreement-Commercial Page 4 of 14 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 Denton 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 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 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. Easement Encroachment Agreement-Commercial Page 5 of 14 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] Easement Encroachment Agreement-Commercial Page 6 of 14 City: Licensee: CITY OF FORT WORTH LRIC CHAMPIONS CENTER, LP, a Texas limited partnership By: LRIC C ns GP, LLC, a Texas J��i�rr�•i'�w limited liabilityq� nX B DJ Harretl(Apr 15,2020) B �. . Name: Steve Lipscomif— DJ Harrell, Interim Director Title: Manager Planning&Development f Date: Date: �R O. .0 ATTEST: �" �� Approved As To Form and Legality .' 0 I ���(/�V,/�/✓�/�"4/ �'/j�uw�A y Matt mum y /� •rs ••• /�,a/•• Matt Murray(Apr 1.5,2020) City 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 dr4V t�-t/101-94?I and reporting requirements. Janie Scartett Morales(Apr 15,2020) Janie S. Morales Development Manager Easement Encroachment Agreement-Commercial Page 7 of 14 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 DJ 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 17tn day of April ,20 20 LAURIE PEQUENO Digitally signed by LAURIE PEQUENO LEWIS LEWIS Date:2020.04.17 16:35:24-05'00' Notary Public in and for the State of Texas SPRY P e LAURIE PEQUENO LEWIS Notary Public * * STATE OF TEXAS N�9 Notary I.D. 132278952 After recording return to: OF My Comm. Exp. Dec. 10,2023 Planning& Development Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 OFFMAL CITY SECRETARY FT. WORTH,T Easement Encroachment Agreement-Commercial Page 8 of 14 STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Steve Lipscomb, Manager, 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 LRIC CHAMPIONS CENTER, LP, a Texas limited partnership,and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 13th day of April, 2020 STEPHANIE L.BRAND --Notary Public.State of Texas P: Comm.Expires 02-01-2024 % . ,, „t` Notary ID 2829657 Notary Public in and for the State of Texas LOMCIAL RECORDY SECRETARY�lllORTH,: Easement Encroachment Agreement-Commercial Page 9 of 14 EXHIBIT A Map of Easement and Encroachment Easement Encroachment Agreement-Commercial Page 10 of 14 (3 Stantec EASEMENT ENCROACHMENT EXHIBIT RUFUS DANIEL SURVEY, ABSTRACT NO. 362 CITY OF FORT WORTH, DENTON COUNTY, TEXAS BEING A 13,975 SQUARE FOOT OF LAND SITUATED IN THE RUFUS DANIEL SURVEY,ABSTRACT NO. 362, CITY OF FORT WORTH, DENTON COUNTY,TEXAS, BEING A PORTION OF LOT 8-R, BLOCK 3 OF CHAMPIONS CIRCLE ADDITION, AN ADDITION TO THE CITY OF FORT WORTH ACCORDING TO THE PLAT THEREOF RECORDED IN INSTRUMENT NUMBER 2018-31, OFFICIAL PUBLIC RECORDS OF DENTON COUNTY,TEXAS, (O.P.R.D.C.T.),AND BEING A PORTION OF THE REMAINDER OF A CALLED 54.738 ACRE TRACT OF LAND DESCRIBED IN A SPECIAL WARRANTY DEED WITH RESERVATION OF REPURCHASE OPTION TO LRIC CHAMPIONS CENTER, LP, RECORDED IN INSTRUMENT NUMBER 2016-48531, SAID 13,975 SQUARE FOOT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 5/8-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "STANTEC" FOUND FOR THE NORTHWEST CORNER OF SAID LOT 8-R, BLOCK 3,AND BEING IN THE SOUTH RIGHT-OF-WAY LINE OF HIGHWAY 114, (VARIABLE WIDTH PUBLIC RIGHT-OF-WAY) FROM WHICH A 5/8-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "STANTEC" FOUND FOR THE NORTHEAST CORNER OF SAID LOT 8-R, BLOCK 3, BEARS SOUTH 89°56'59" EAST,A DISTANCE OF 338.00 FEET; THENCE ALONG THE WEST LINE OF SAID LOT 8-R, BLOCK 3,THE FOLLOWING CALLS: SOUTH 00°00'00"EAST,A DISTANCE OF 43.60 FEET TO A 5/8-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED"STANTEC" FOUND FOR CORNER; NORTH 90000'00"EAST,A DISTANCE OF 25.00 FEET TO A 5/8-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED"STANTEC"FOUND FOR CORNER; SOUTH 00"00'00"EAST,A DISTANCE OF 195.19 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING THE SAID WEST LINE OF SAID LOT 8-R, BLOCK 3, OVER AND ACROSS SAID LOT 8, BLOCK 3 AND SAID CALLED 54.738 ACRE TRACT OF LAND,THE FOLLOWING CALLS: NORTH 90"00'00" EAST,A DISTANCE OF 10.00 FEET TO A POINT FOR CORNER; SOUTH 00000'00"EAST,ATA DISTANCE OF 6.00 FEET PASSING THE SOUTH LINE OF SAID LOT 8-R, BLOCK 3, CONTINUING IN ALL A TOTAL DISTANCE OF 23.50 FEET TO A POINT FOR CORNER; NORTH 90000'00" WEST CONTINUING OVER AND ACROSS SAID 54.738 ACRE TRACT OF LAND, A DISTANCE OF 594.20 FEET TO POINT FOR CORNER; NORTH 00"00'00"WEST,A DISTANCE OF 23.50 FEET TO A POINT FOR CORNER NORTH 90000'00" EAST,A DISTANCE OF 584.20 FEET TO THE POINT OF BEGINNING; CONTAINING A COMPUTED AREA OF 13,975 SQUARE FEET, OR 0,3208 ACRE OF LAND, MORE OR LESS. NOTES: qE OF T . F A SKETCH WAS PREPARED ON EVEN DATE TO ACCOMPANY THIS DESCRIPTION. a9 THE BEARINGS CALLED FOR HEREIN ARE REFERENCED TO THE TEXAS STATE M. AEI. ' PLANE COORDINATE SYSTEM(NORTH CENTRAL ZONE,NAD 83)BASED ON LEICA 5 Q GEOSYSTEMS NORTH TEXAS SMARTNET NETWORK, DISTANCES ADJUSTED TO cs O 1 SURFACE USING AN AVERAGE COMBINED SCALE FACTOR OF 0.999849393. V:\2220\active\222011706\survey\drawings\exhibits\11706v_ex_esmt_pav_encroach_desc.docx Sheet 1 Of 2 --------- —————— ` 1 In t� Y V1 0 OF Nr r I I :J: `n% aw wo M osrc �� x g d U IX m r z O r d a //;%� a= oUz Z «zc I l I is CANa w mN�c�+�Q �ILIq _o0z in 0.0061a #� I �w Not �w5 m 1 ozv0. I I 9= z4 003 0 WIwaZ 3 z N 0 -4VPi z ( I I I az z r I W � Obi F�m I I < 0 N m dm O I ( Q g U o WN 0 S Za ^+ z vFi 7� 1 w W. o r, c} � awyp Q. W mj C7 F 7 7 O 0 O z tj a O U C.1 6 V96 L 3 00,00.00 S `� I �= a Z g W °z IL IL co ui a I N X �' LU m 0 I w R P, z Lu C W am 8 � z I � Q ~ 0 m Z Z It (L p 8 0 0 _ I I I �� � F- W � Z d' M N �") Q V w I I ��ZQ W Z Z c Y uj N Qzy< 2 W } w r 3 wU ZW � I F�`r W > � 0 Z ? tD 0 I I-- i n Z N O a �� corn (� G Q O o LL 2p2Zp 3 =z��o UJ p U. w ; _ I I mow¢ LL 0 _ `+ J 9$ a a LZ� Lu 0 a \ I w.. cai c�z �"q Q p — C) O J J `' I ; it z� ` 1 � am cn I J cy og �� o 0 Sri �`'�� I I ya8F, s dLLU�tb ' U I ZaCL) 0 i 4Q iQr lr00U(o C-i ` � m N - Z ismzm a�woc� p i i m S C3 w v <`r'�oa I a p�zp uOatoII 0 0 �¢2u cn Z NOQ oduo� UZ N NCO cotn U Ln rngs. gco CL ~ J W V w w 3 w w y o A Ln = 0 O J ` 0 m z N o 0IL 0 �. 0 W �d vMi o a o v 4� c� a � m m o 0) $ � �"� wN rn rn Z Z z o� o :wz NM J aJ JJ �arlm-c03 0 ($ Stantec EASEMENT ENCROACHMENT EXHIBIT RUFUS DANIEL SURVEY, ABSTRACT NO. 362 CITY OF FORT WORTH, DENTON COUNTY, TEXAS PART 1 BEING A 375 SQUARE FOOT OF LAND SITUATED IN THE RUFUS DANIEL SURVEY,ABSTRACT NO. 362, CITY OF FORT WORTH, DENTON COUNTY, TEXAS, BEING A PORTION OF LOT 8-R, BLOCK 3 OF CHAMPIONS CIRCLE ADDITION, AN ADDITION TO THE CITY OF FORT WORTH ACCORDING TO THE PLAT THEREOF RECORDED IN INSTRUMENT NUMBER 2018-31, OFFICIAL PUBLIC RECORDS OF DENTON COUNTY,TEXAS,(O.P.R.D.C.T.),AND BEING A PORTION OF THE REMAINDER OF A CALLED 54.738 ACRE TRACT OF LAND DESCRIBED IN A SPECIAL WARRANTY DEED WITH RESERVATION OF REPURCHASE OPTION TO LRIC CHAMPIONS CENTER, LP, RECORDED IN INSTRUMENT NUMBER 2016-48531, SAID 375 SQUARE FOOT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 5/8-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "STANTEC" FOUND FOR THE SOUTHWEST CORNER OF SAID LOT 8-R, BLOCK 3; THENCE(L1) NORTH 00°00'00" EAST ALONG THE WEST LINE OF SAID LOT 8-R, BLOCK 3,A DISTANCE OF 11.50 FEET TO A POINT IN SAID WEST LINE,AND BEING IN THE SOUTH LINE OF A 10-FOOT PUBLIC UTILITY EASEMENT RECORDED IN INSTRUMENT NUMBER 2018-31,O.P.R.D.C.T., FROM WHICH A 5/8-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED"STANTEC" FOUND FOR AN ANGLE POINT IN THE WEST LINE OF SAID LOT 8-R, BLOCK 3 BEARS NORTH 00°00'00" EAST,A DISTANCE OF 195.19 FEET; THENCE (11-2) NORTH 89°5T57" WEST ALONG THE SOUTH LINE OF SAID 10-FOOT PUBLIC UTILITY EASEMENT AND OVER AND ACROSS SAID LOT 8-R, BLOCK 3,A DISTANCE OF 33.02 FEET TO THE POINT OF BEGINNING; THENCE (L3)SOUTH 89°57'57" EAST CONTINUING ALONG SAID NORTH LINE, A DISTANCE OF 15.00 FEET TO A POINT FOR CORNER; THENCE (L4)SOUTH 00°02'03" WEST DEPARTING SAID NORTH LINE, AT A DISTANCE OF 11.50 FEET PASSING THE SOUTH LINE OF SAID LOT 8-R, BLOCK 3, CONTINUING OVER AND ACROSS SAID 54.738 ACRE TRACT OF LAND IN ALL A TOTAL DISTANCE OF 25.00 FEET TO A POINT FOR CORNER IN THE SOUTH LINE OF A PERMANENT WATER-SEWER FACILITY EASEMENT DESCRIBED IN A DEED TO THE CITY OF FORT WORTH, RECORDED IN INSTRUMENT NUMBER 2016-90903, O.P.R.D.C.T.; THENCE (L5) NORTH 89°57'57" WEST ALONG SAID SOUTH LINE, AT A DISTANCE OF 6.33 FEET PASSING THE SOUTHWEST CORNER OF SAID PERMANENT WATER-SEWER FACILITY EASEMENT, CONTINUING OVER AND ACROSS SAID 54.738 ACRE TRACT OF LAND IN ALL A TOTAL DISTANCE OF 15.00 FEET TO A POINT FOR CORNER; THENCE(L6) NORTH 00°02'03" EAST CONTINUING OVER AND ACROSS SAID 54.738 ACRE TRACT OF LAND,AT A DISTANCE OF 13.50 FEET PASSING THE SOUTH LINE OF SAID LOT 8-R,BLOCK 3,CONTINUING IN ALL A TOTAL DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING; CONTAINING A COMPUTED AREA OF 375 SQUARE FEET, OR 0.0086 ACRE OF LAND, MORE OR LESS. PART 2 BEING A 375 SQUARE FOOT OF LAND SITUATED IN THE RUFUS DANIEL SURVEY,ABSTRACT NO. 362, CITY OF FORT WORTH, DENTON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF A CALLED 54.738 ACRE TRACT OF LAND DESCRIBED IN A SPECIAL WARRANTY DEED WITH RESERVATION OF REPURCHASE OPTION TO LRIC CHAMPIONS CENTER, LP, RECORDED IN INSTRUMENT NUMBER 201648531, OFFICIAL PUBLIC V:\2220\active\222011706\survey\drawings\exhibits\11706v_ex_esmt_encroach_desc.docx Sheet 1 of 6 Stantec EASEMENT ENCROACHMENT EXHIBIT RUFUS DANIEL SURVEY, ABSTRACT NO. 362 CITY OF FORT WORTH, DENTON COUNTY, TEXAS RECORDS OF DENTON COUNTY, TEXAS, (O.P.R.D.C.T.); SAID 375 SQUARE FOOT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 5/8-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "STANTEC" FOUND FOR THE SOUTHWEST CORNER OF LOT 8-R, BLOCK 3 OF CHAMPIONS CIRCLE ADDITION,AN ADDITION TO THE CITY OF FORT WORTH ACCORDING TO THE PLAT THEREOF RECORDED IN INSTRUMENT NUMBER 2018-31,O.P_R.D.C.T.; THENCE(L1) NORTH 00°00'00" EAST ALONG THE WEST LINE OF SAID LOT 8-R, BLOCK 3, A DISTANCE OF 11.50 FEET TO A POINT IN SAID WEST LINE, FROM WHICH A 5/8-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "STANTEC" FOUND FOR AN ANGLE POINT IN THE WEST LINE OF SAID LOT 8-R, BLOCK 3, BEARS NORTH 00000'00"EAST,A DISTANCE OF 195.19 FEET; THENCE DEPARTING THE WEST LINE OF SAID LOT 8-R, BLOCK 3,OVERAND ACROSS SAID 54.738 ACRE TRACT OF LAND, THE FOLLOWING CALLS: (1-7)SOUTH 90°00'00"WEST,A DISTANCE OF 49.61 FEET TO THE POINT OF BEGINNING; (1-8)SOUTH 00°00'00" EAST,A DISTANCE OF 25.00 FEET TO A POINT FOR CORNER; (L9)NORTH 90°00'00"WEST,A DISTANCE OF 15.00 FEET TO A POINT FOR CORNER; (00)NORTH 00°00'00"EAST,A DISTANCE OF 25.00 FEET TO A POINT FOR CORNER; (L11)NORTH 90-00-00"EAST, A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING; CONTAINING A COMPUTED AREA OF 375 SQUARE FEET, OR 0.0086 ACRE OF LAND, MORE OR LESS, PART 3 BEING A 375 SQUARE FOOT OF LAND SITUATED IN THE RUFUS DANIEL SURVEY, ABSTRACT NO. 362, CITY OF FORT WORTH, DENTON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF A CALLED 54.738 ACRE TRACT OF LAND DESCRIBED IN A SPECIAL WARRANTY DEED WITH RESERVATION OF REPURCHASE OPTION TO LRIC CHAMPIONS CENTER, LP, RECORDED IN INSTRUMENT NUMBER 2016-48531, OFFICIAL PUBLIC RECORDS OF DENTON COUNTY, TEXAS, (O.P.R.D.C.T.); SAID 375 SQUARE FOOT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 5/8-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "STANTEC" FOUND FOR THE SOUTHWEST CORNER OF LOT 8-R, BLOCK 3 OF CHAMPIONS CIRCLE ADDITION,AN ADDITION TO THE CITY OF FORT WORTH ACCORDING TO THE PLATTHEREOF RECORDED IN INSTRUMENT NUMBER2018-31,O.P.R.D.C.T.; THENCE(L1)NORTH 00-00-00" EAST ALONG THE WEST LINE OF SAID LOT 8-R, BLOCK 3, A DISTANCE OF 11.50 FEET TO A POINT IN SAID WEST LINE, FROM WHICH A 5/8-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "STANTEC" FOUND FOR AN ANGLE POINT IN THE WEST LINE OF SAID LOT 8-R, BLOCK 3, BEARS NORTH 00°00'00"EAST,A DISTANCE OF 195.19 FEET; THENCE DEPARTING THE WEST LINE OF SAID LOT 8-R,BLOCK 3,OVER AND ACROSS SAID 54.738 ACRE TRACT OF LAND,THE FOLLOWING CALLS: NORTH 90°00'00"WEST,A DISTANCE OF 197.20 FEET TO THE POINT OF BEGINNING; V:\2220\adive\222011706\survey\drawings\exhibits\11706v_ex esmt_encroach_desc.docx Sheet 2 of 6 (3 Stantec EASEMENT ENCROACHMENT EXHIBIT RUFUS DANIEL SURVEY, ABSTRACT NO. 362 CITY OF FORT WORTH, DENTON COUNTY, TEXAS (1-13)SOUTH 00°00'00" EAST,A DISTANCE OF 25.00 FEET TO A POINT FOR CORNER; (L14)NORTH 90-00-00"WEST,A DISTANCE OF 15.00 FEET TO A POINT FOR CORNER; (05)NORTH 00°00'00" EAST,A DISTANCE OF 25.00 FEET TO A POINT FOR CORNER; (1-16)NORTH 90°00'00" EAST,A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING; CONTAINING A COMPUTED AREA OF 375 SQUARE FEET, OR 0.0086 ACRE OF LAND, MORE OR LESS. PART 4 BEING A 375 SQUARE FOOT OF LAND SITUATED IN THE RUFUS DANIEL SURVEY,ABSTRACT NO. 362, CITY OF FORT WORTH, DENTON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF A CALLED 54.738 ACRE TRACT OF LAND DESCRIBED IN A SPECIAL WARRANTY DEED WITH RESERVATION OF REPURCHASE OPTION TO LRIC CHAMPIONS CENTER, LP, RECORDED IN INSTRUMENT NUMBER 2016-48531, OFFICIAL PUBLIC RECORDS OF DENTON COUNTY, TEXAS, (O.P.R.D.C.T.); SAID 375 SQUARE FOOT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 5/8-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "STANTEC" FOUND FOR THE SOUTHWEST CORNER OF LOT 8-R, BLOCK 3 OF CHAMPIONS CIRCLE ADDITION,AN ADDITION TO THE CITY OF FORT WORTH ACCORDING TO THE PLATTHEREOF RECORDED IN INSTRUMENT NUMBER 2018-31,O.P.R.D.C.T.; THENCE(0)NORTH 00°00'00" EAST ALONG THE WEST LINE OF SAID LOT 8-R, BLOCK 3, A DISTANCE OF 11.50 FEET TO A POINT IN THE SAID WEST LINE, FROM WHICH A 518-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "STANTEC" FOUND FOR AN ANGLE POINT IN THE WEST LINE OF SAID LOT 8-R, BLOCK 3, BEARS NORTH 00°00'00"EAST,A DISTANCE OF 195.19 FEET; THENCE DEPARTING THE WEST LINE OF SAID LOT 8-R,BLOCK 3,OVER AND ACROSS SAID 54.738 ACRE TRACT OF LAND,THE FOLLOWING CALLS: NORTH 90000'00"WEST,A DISTANCE OF 338.20 FEET TO THE POINT OF BEGINNING; (1-18)SOUTH 00°00'00"EAST,A DISTANCE OF 25.00 FEET TO A POINT FOR CORNER; (09)NORTH 90°00'00"WEST,A DISTANCE OF 15.00 FEET TO A POINT FOR CORNER; (1-20)NORTH 00°00'00" EAST,A DISTANCE OF 25.00 FEET TO A POINT FOR CORNER; (L21)NORTH 90°00'00"EAST,A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING; CONTAINING A COMPUTED AREA OF 375 SQUARE FEET, OR 0.0086 ACRE OF LAND, MORE OR LESS. PART 5 BEING A 375 SQUARE FOOT OF LAND SITUATED IN THE RUFUS DANIEL SURVEY, ABSTRACT NO. 362, CITY OF FORT WORTH, DENTON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF A CALLED 54.738 ACRE TRACT OF LAND DESCRIBED IN A SPECIAL WARRANTY DEED WITH RESERVATION OF REPURCHASE OPTION TO LRIC CHAMPIONS CENTER, LP, RECORDED IN INSTRUMENT NUMBER 2016-48531, OFFICIAL PUBLIC V:\2220\active\222011706\survey\drawings\exhibits\11706v_ex_esmt encroach_desc.docx Sheet 3 of 6 Sta ntec EASEMENT ENCROACHMENT EXHIBIT RUFUS DANIEL SURVEY, ABSTRACT NO. 362 CITY OF FORT WORTH, DENTON COUNTY, TEXAS RECORDS OF DENTON COUNTY, TEXAS, (O.P.R.D.C.T.); SAID 375 SQUARE FOOT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 5/8-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "STANTEC" FOUND FOR THE SOUTHWEST CORNER OF LOT 8-R, BLOCK 3 OF CHAMPIONS CIRCLE ADDITION,AN ADDITION TO THE CITY OF FORT WORTH ACCORDING TO THE PLATTHEREOF RECORDED IN INSTRUMENT NUMBER 2018-31,O.P.R.D.C.T.; THENCE(L1)NORTH 00-00-00" EAST ALONG THE WEST LINE OF SAID LOT 8-R, BLOCK 3, A DISTANCE OF 11.50 FEET TO A POINT IN THE SAID WEST LINE, FROM WHICH A 5/8-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "STANTEC" FOUND FOR AN ANGLE POINT IN THE WEST LINE OF SAID LOT 8-R, BLOCK 3, BEARS NORTH 00°00'00" EAST,A DISTANCE OF 195.19 FEET; THENCE DEPARTING THE WEST LINE OF SAID LOT 8-R,BLOCK 3,OVER AND ACROSS SAID 54.738 ACRE TRACT OF LAND,THE FOLLOWING CALLS: NORTH 90000'00"WEST,A DISTANCE OF 467.70 FEET TO THE POINT OF BEGINNING; (L23)SOUTH 00°00'00"EAST,A DISTANCE OF 25.00 FEET TO A POINT FOR CORNER; (L24)NORTH 90°00'00"WEST,A DISTANCE OF 15.00 FEET TO A POINT FOR CORNER; (1-25)NORTH 00°00'00" EAST,A DISTANCE OF 25.00 FEET TO A POINT FOR CORNER; (1-26)NORTH 90°00'00"EAST,A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING; CONTAINING A COMPUTED AREA OF 375 SQUARE FEET, OR 0.0086 ACRE OF LAND, MORE OR LESS. NOTES: A SKETCH WAS PREPARED ON EVEN DATE TO ACCOMPANY THIS DESCRIPTION. THE BEARINGS CALLED FOR HEREIN ARE REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM (NORTH CENTRAL ZONE, NAD 83) BASED ON LEICA GEOSYSTEMS NORTH TEXAS SMARTNET NETWORK, DISTANCES ADJUSTED TO SURFACE USING AN AVERAGE COMBINED SCALE FACTOR OF 0.999849393 OF :.J V:\2220\active\222011706\survey\drawings\exhibits\11706v ex esmt encroach_desc.docx Sheet 4 of 6 0 0 I I I ' WN `���I 00 F=IL = mF �N�I ��-� z� _ ell m a 3 01 j I yo.7 rid '� ;0= T- IL o i I I 0 4 N '� a. ca I 1 a V) I I CDZ ua co i i i I I w� MN-mn V N 0 4TpgO� a W I i1 Ln }Z' m 1 p,aZ4 Q M � ~ W d O p Jl a z ¢ IT) Z w a �U z W a i�i ) IL Z O 6 4'66l M „00,00.00 NLU m a c7 �I , I ~moo o LU W rx o U U0 Q Lu2ji a 1II IIIIII IIIIjII II�ilIII 0O a � J � co IC zz zOim 0 N 2 N 0 w cc a Z� Z co W jOZa �y V Z ~ 0) W O W ZaZ o to -uJ1�CQ L}% Il iI O �mU��Z-c WMONW � >W ILQ-* E Wtn GY W m i L Im - 0 p a Vg0 z0 J IL �0w z J W ram 0 CA IW Li W U LLj U Q IBIS I�� I 4 o �4a > mO W = r` 'r,' 1 3 0 Vi Z m n' m v�i IOLIlJ� �+ � Xi > it o fL F- ZQ n ( le Wmrca M _� wm Q a. 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SHAMBLIN SURVEY,ABSTRACT NUMBER 1191 AND THE RUFUS DANIEL SURVEY,ABSTRACT NUMBER 362,CITY OF FORT WORTH,DENfON COUNTY,TEXAS AND BEING A PORTION OF THE REMAINDER OF A CALLED 197.34 ACRE TRACT OF LAND(TRACT 3)DESCRIBED IN A SPECIAL WARRANTY DEED WITH VENDOR'S LIEN TO ROANOKE 35/114 PARTNERS,L.P.,RECORDED IN INSTRUMENT NUMBER 2007-21421 AND AN AFFIDAVIT TO CORRECT SCRTVENER'S ERROR RECORDED IN INSTRUMENT NUMBER 2014-96174, OFFICIAL PUBLIC RECORDS OF DENTON COUNTY, TEXAS (O.P.R.D.C.T.) AND ALL OF LOT 1-R, BLOCK 4 OF BEECHWOOD BUSINESS PARK,AN ADDTIRON TO THE CITY OF FORT WORTH,RECORDED IN INSTRUMENT NUMBER 2016- 123,O.P.R.D.C.T.; SAID 54.738 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED"BURY" FOUND FOR THE NORTH END OF A CORNER CLIP AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY NO. 114(A VARIABLE WIDTH PUBLIC RIGHT-OF-WAY) WITH THE WESTERLY RIGHT-OF-WAY LINE OF TANGER BOULEVARD (100-FOOT WIDE PUBLIC RIGHT-OF-WAY)DEDICATED BY CHAMPIONS CIRCLE ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, RECORDED IN INSTRUMENT NUMBER 2015-188,O.P.R.D.C.T.; THENCE, SOUTH 46°09'12"EAST,DEPARTING THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID STATE HIGHWAY NO. 114 ALONG SAID CORNER CLIP,A DISTANCE OF 14.07 FEET TO A 5/8-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED"BURY"FOUND FOR THE SOUTH END OF SAID CORNER CLIP; THENCE, ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID TANGER BOULEVARD THE FOLLOWING THREE(3)CALLS: 1. SOUTH 00°50'58" EAST,A DISTANCE OF 234.79 FEET TO A 5/8-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "BURY" FOUND FOR THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 870.00 FEET; 2. SOUTHWESTERLY WITH SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 32°43'56"FOR AN ARC LENGTH OF 497.02 FEET,A CHORD BEARING OF SOUTH 15031'00" WEST AND A CHORD DISTANCE OF 490.29 FEET TO A 5/8- INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "BURY" FOUND FOR THE POINT OF TANGENCY; 3. SOUTH 31°52'58" WEST,A DISTANCE OF 235.10 FEET TO A 5/8-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED"BURY"FOUND FOR THE EAST END OF A CORNER CLIP AT THE INTERSECTION OF THE WESTERLY RIGHT-OF-WAY LINE OF SAID TANGER BOULEVARD WITH THE NORTHERLY RIGHT-OF-WAY LINE OF BUCEES l3UULEVARD (VARIABLE WIDTH PUBLIC RIGHT OF-WAY) 1972725 Easement Encroachment Agreement-Commercial Page 12 of 14 DEDICATED BY SAID CHAMPIONS CIRCLE ADDITION AND BY BUCEES BOULEVARD RIGHT-OF-WAY, CHAMPIONS CIRCLE ADDITION, RECORDED IN INSTRUMENT NUMBER 2016-1,O.P.R.D.C.T.; THENCE, SOUTH 74054'35" WEST,ALONG SAID CORNER CLIP,A DISTANCE OF 14.62 FEET TO A 5/8-LNCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED'BURY"FOUND FOR THE WEST END OF SAID CORNER CLIP AND THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS POINT WEIICH BEARS SOUTH 27`22'30"WEST, A DISTANCE OF 510.00 FEET; THENCE, ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF SAID BUCEES BOULEVARD THE FOLLOWING THREE(3)CALLS: 1. NORTHWESTERLY WITH SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 2702211"FOR AN ARC LENGTH OF 243.67 FEET,A CHORD BEARING OF NORTH 769845" WEST AND A CHORD DISTANCE OF 241.36 FEET TO A 518- INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "BURY" FOUND FOR CORNER; 2. SOLMJ 89059'59"WEST,A DISTANCE OF 957.38 FEHT TO A 5/8-INTCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "BURY" FOUND FOR THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 116.00 FEET; 3. SOUTHWESTERLY WITH SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 90040'45"FOR AN ARC LENGTH OF 182.24 FEET,A CHORD BEARING OF SOUTH 44`5936"WEST AND A CHORD DISTANCE OF 164.07 FEET TO A 5/8- INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "BURY"FOUND FOR THE POINT OF TANGENCY BEING IN THE WEST RIGHT-OF-WAY LINE OF PILGRIM DRIVE(66-FOOT WIDE PUBLIC RIGHT-OF-WAY)DEDICATED BY SAID CHAMPIONS CIRCLE ADDITION,INSTRUMENT NUMBER 2016-1,O.P.R.D.C.T.; THENCE, SOUTH 00-00-46" EAST, ALONG THE WEST RIGHT-OF-WAY LINE OF SAID PILGRIM DRIVE,A DISTANCE OF 29.88 FEET TO A 5/8-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED"BURY"SET FOR CORNER; THENCE, NORTH 90000'O0" WEST, DEPARTING THE WEST RIGHT OF WAY LINE OF SAID PILGRIM DRIVE OVER AND ACROSS SAID 187.34 ACRE TRACT OF LAND,AT A DISTANCE OF 557.06 FEET PASSING THE NORTHEAST CORNER OF LOT 2,BLOCK 3 OF SAID CHAMPIONS CIRCLE ADDITION,RECORDED IN INSTRUMENT NUMBER 2016-123, O.P.R.D.C.T.,CONTINUING ALONG THE NORTH LINE OF SAID LOT 2,BLOCK 3, AT A DISTANCE OF 898.03 FEET PASSING THE SOUTHEAST CORNER OF SAID LOT 1-R, BLOCK 4, CONTINUING ALONG THE COMMON LINE OF SAID LOT 2, BLOCK 3 AND SAID LOT I-R,BLOCK 4,IN ALL FOR A TOTAL DISTANCE OF 1,068.03 FEET TO A 518- INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED BURY"SLAT FOR CORNER 1N THE EASTERLY RIGHT-OF-WAY LINE OF CHAMPIONSHIP PARKWAY(120-FOOT WIDE PUBLIC RIGHT-OF-WAY) DEDICATED BY BEE'a"WOOD BUSINESS PARK, AN ADDITION TO THE CITY OF FORT WORTH,RECORDED IN CABINET R,PAGE 152,PLAT RECORDS OF DENTON COUNTY,'TEXAS; 1972725 Easement Encroachment Agreement-Commercial Page 13 of 14 THENCE, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID CHAMPIONSHIP PARKWAY THE FOLLOWING FIVE(5)CALLS: 1. NORTH 00000'10" WEST, A DISTANCE OF 59.90 FEET TO A 1/2-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "HALFF" FOUND FOR THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET; 2. NORTHEASTERLY WITH SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 90°00'00 FOR AN ARC LENGTH OF 31.42 FEET,A CHORD BEARING OF NORTH 44°59'50" EAST AND A CHORD DISTANCE OF 28.28 FEET TO A 112-INC14 IRON ROD WITH YELLOW PLASTIC CAP STAMPED "HALFF" FOUND FOR CORNER; 3. NORTH 00000'10" WEST,A DISTANCE OF 100.00 FEET TO A W-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "HALFF" FOUND FOR THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS POINT WHICH BEARS NORTH 00'00'10"WEST,A DISTANCE OF 20.00 FEET; 4. NORTHWESTERLY WITH SAID CURVE TO THE RIGHT,THROUGH A CENTRAL ANGLE OF 90°00'00"FOR AN ARC LENGTH OF 31.42 FEET,A CHORD BEARING OF NORTH 45000'10" WEST AND A CHORD DISTANCE OF 28.29 FEET TO A 1/2-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "HALF? FOUND FOR THE POINT OF TANGENCY; 5. NORTH 00000'10" WEST, AT A DISTANCE OF 72.80 FEET PASSING A 5/9-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "BURY" FOUND FOR THE NORTHWEST CORNER OF SAID LOT 1 R,BLOCK 4,CONTINUING IN ALL FOR A TOTAL DISTANCE OF 803.72 FEET TO A CUT "X" SET FOR THE POINT OF INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF SAID CHAMPIONSHIP PARKWAY WITH THE SOUTHERLY RIGHT-OF-WAY LIME OF SAID STATE HIGHWAY NO.114; THENCE,ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID STATE HIGHWAY NO,114 THE FOLLOWING TWO(2)CALLS: 1. SOUTH 89056'59" EAST A DISTANCE OF 2,030.49 FEET TO A 518-INCH IRON ROD WITH A 3-Ii4 INCH ALUMINUM CAP STAMPED "TEXAS DEPARTMENT OF TRANSPORTATION RO.W.MON.NO."FOUND FOR THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS POINT WHICH HEARS NORTH 00°03'01"EAST,A DISTANCE OF 23,038.31 FEET; 2. NORTHEASTERLY WITH SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 01029'44"FOR AN ARC LENGTH OF 601.35 FEET,A CHORD BEARING OF NORTH 89°18'11" EAST AND A CHORD DISTANCE OF 601.33 FEET TO THE POINT OF BEGINNING AND CONTAINING A COMPUTED AREA OF 54.738 ACRES OR 2,384,400 SQUARE FEET OF LAND. 1972725 Easement Encroachment Agreement-Commercial Page 14 of 14