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HomeMy WebLinkAboutContract 38647ONTRACT Na/ Q, AFTER RECORDING, RETURN TO: - City of Fort Worth, Texas 1000 Throckmorton Fort Worth, Texas 76102 N, Attention: Real Property Management NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, : 2 YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING f INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST SIN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SANITARY SEWER PIPELINE EASEMENT AND RIGHT-OF-WAY AGREEMENT STATE OF TEXAS * KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT * THAT TARRANT REGIONAL WATER DISTRICT, A Water Control and Improvement District, a body politic and corporate under the laws of the State of Texas, whose mailing address is P. O. Box 4508, Fort Worth, Texas 76164-0508 (herein called "Grantor"), for and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00) and other good and valuable consideration to Grantor in hand paid by the CITY OF FORT WORTH, TEXAS, a municipal corporation of Tarrant County, Texas, whose mailing address is 1000 Throckinorton, Fort Worth, Texas 76102, Attention: Real Property Management (herein called "Grantee"), the receipt of which is hereby acknowledged, has BARGAINED, GRANTED, AND CONVEYED, and by these presents does BARGAIN, GRANT, AND CONVEY, unto the said Grantee a variable width easement and right- of-way (the "Easement") for the purposes hereinafter described under and across the lands that are described by metes and bounds on Exhibit "A" attached hereto and incorporated herein for all purposes and depicted on Exhibit "B" attached hereto and incorporated herein for all purposes (the "Land"). The terms and conditions of this Sanitary Sewer Pipeline Easement and Right -of --Way Agreement are as follows: 1. Permitted Use. The Land shall be used by Grantee only for the construction, reconstructionI installation, reinstallation, operation, maintenance, inspection, alteration, replacement, repair, relocation within the Easement, and removal of one variable -diameter pipeline (not to exceed 48" in inside diameter), and necessary appurtenant facilities (collectively, the "Facilities"), for the transportation of effluent. No building, structure, or improvement other than the Facilities shall be placed, constructed, or maintained in, on, or under the Land. 2. Pipeline to be Buried. Grantee shall bury the sanitary sewer pipeline to be installed hereunder a sufficient depth below the surface of the ground so that the top of said pipeline shall be not less than thirty-six (36) inches below the presently existing surface of the grounds and when digging the ditch for said pipeline, Grantee shall separate the topsoil from the subsoil, as nearly as OFFICIAL RECORD _ t _ CITY �Ct�ETARY FT4 WORTH, TIC possible, and when backfilling said ditch, Grantee shall place the subsoil back into the ditch first and the topsoil last. 3. Approval of Plans. All facilities authorized hereunder shall be constructed pursuant to plans and specifications (the "Plans') to be submitted to Grantor prior to the commencement of construction. No operations relating to the construction of the Facilities shall be commenced until the Plans therefor have been submitted to and approved in writing by Grantor. Grantor, by giving such approval, shall not assume any responsibility or liability with respect to such Plans. 4. Reservation of Minerals. There is reserved to Grantor, its successors and assigns, and not conveyed hereby, all of the oil, gas, sulphur and other minerals in, on or under the Land, but Grantor waives all rights of ingress and egress to the surface of the Land for the purpose of exploring, developing, mining, or drilling therefor; it being specifically agreed that no operation relating to such mineral reservation will be conducted on the surface of the Land. The foregoing waiver of surface rights shall not be construed to prohibit Grantor from using the surface of any lands other than the Land for activities related to the development or production of the oil, gas, sulphur and other minerals in and under the Land nor shall such waiver be construed to prevent Grantor from developing or producing the oil, gas, sulphur and other minerals in and under the Land by pooling or directional drilling under the Land from well sites located on lands other than the Land. Notwithstanding the foregoing reservation, Grantee shall have the right and privilege to own, use and remove from the Land all sand, gravel, dirt, rock and other similar materials as may be necessary in exercising the rights granted herein. 5. Performance of Work. All work done in connection with the Easement shall be performed in accordance with the Plans and as expeditiously as possible so as not to interfere unreasonably with the use and occupancy of the Land by Grantor, its agents, representatives, employees, licensees, and invitees. In performing the work or causing the work to be performed, Grantee shall make adequate provisions for the safety and convenience of Grantor, its agents, representatives, employees, licensees, and invitees, and shall cause all work to be cleaned up properly and promptly in order to minimize disruption or inconvenience. Grantee shall construct and operate the Facilities at its sole cost and expense. Grantee shall perform all work necessary in connection with the construction, reconstruction, installation, reinstallation, operation, maintenance, inspection, alteration, replacement, repair, relocation within the Easement, and/or removal of such Facilities in a good and workmanlike manner in conformance with sound and accepted engineering practices. After any disturbance of the surface of the Land for any purpose authorized hereunder (whether in connection with initial construction or installation, any reconstruction or reinstallation; any replacement or alteration% any operation, maintenance or repair; any survey or inspection; any relocation within the Easement; removal; or otherwise), Grantee shall restore such surface to the same condition as existed before any such disturbance. Further, if any improvements of Grantor are disturbed, damaged, or destroyed by the operations of Grantee hereunder, Grantee agrees to replace and restore such improvements to a condition at least as good as existed before any such disturbance, damage, or destruction. The Facilities shall at all times be constructed, kept, operated, and maintained in a safe condition and in full compliance with all applicable federal, state, municipal, and other laws, statutes, regulations, ordinances, and orders. G. TemporaryConstruction Easement. In addition to the Easement granted herein, Grantor hereby grants to Grantee a temporary construction easement (the "Temporary Construction -2- Easement") over and across the lands that are described by metes and bounds on Exhibit "C" attached hereto and incorporated herein for all purposes and depicted on Exhibit "D" attached hereto and incorporated herein for all purposes. The lands within the Temporary Construction Easement are to be temporarily used solely in connection with the construction and installation of the Facilities. Upon the completion of the construction and installation of said Facilities, and acceptance by Grantee's City Council, all rights granted within the Temporary Construction Easement shall cease, and all operations, maintenance, and repairs shall be confined to the Land. After any disturbance of the surface of the lands burdened by the Temporary Construction Easement for any purpose authorized hereunder, Grantee shall restore such surface to the same condition as existed before any such disturbance. Further, if any improvements of Grantor in the area covered by the Temporary Construction Easement are disturbed, damaged, or destroyed by the operations of Grantee hereunder, Grantee agrees to replace and restore such improvements to a condition at least as good as existed before any disturbance, damage, or destruction. 7. Removal or Relocation of Pipeline. It is specifically understood and agreed by Grantee that the Land is located within the Fort Worth Floodway. In the event that the United States Army Corps of Engineers should require the removal or relocation of the Facilities in connection with the operation of the Fort Worth Floodway, Grantee agrees to perform such required removal or relocation promptly and agrees to be solely responsible for all costs and expenses associated therewith. Further, Grantee hereby releases, relinquishes, and discharges Grantor and the United States Army Corps of Engineers, and their respective officers, directors, agents, servants, employees, attomeys, successors, and assigns, from and against any and all liabilities, costs, or expenses resulting from, arising out of or in connection with, or relating to any required removal or relocation of the Facilities. 8. No Surface Improvements. Grantee agrees that no buildings, structures, or other appurtenances, other than flush mount manholes and siphons, shall be placed on or above the surface of the Land without the prior written consent of Grantor. 9. Reservations and Exceptions to Grant. The Easement is expressly made subject to (11 any and all visible and apparent easements and rights -of --way over or across the Land, whether of record or not, (ii) any and all existing restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, and other instruments, other than conveyances of the surface fee estate, that affect the Land and are shown of record in Tarrant County, Texas, (iii) all reservations, restrictions, covenants, terms and conditions contained herein, and (iv) any and all zoning laws, regulations, and ordinances of municipal and other governmental authorities relating to the Land, but only to the extent that they are still in force and effect (collectively, the "Permitted Exceptions"). Grantor hereby reserves to itself, its successors and assigns, the right to use and enjoy the surface and subsurface of the Land for any and all purposes so long as such use does not adversely interfere with the rights herein granted to Grantee, and provided further that the surface of the Land will not be used for mineral exploration or development. In addition to all other rights reserved herein and not in limitation thereof, Grantor specifically reserves the right of passage over the Land. 10. RELEASE. Grantee, on behalf of itself, its successors and assigns, hereby releases, relinquishes, and discharges, Grantor, and Grantor's officers, directors, agents, servants, employees, attorneys, successors, and assigns, from and against any and all claims, demands, liabilities, suits, causes of action, obligations, damages, injuries, losses, penalties, costs, (including, -3- without limitation, attorneys' fees, court costs, consultant fees, expert fees, and other litigation related expenses), of whatsoever kind or character, directly or indirectly resulting from, arising out of or in connection with, or relating to (1) any use or occupation of the Land by Grantee or any its officers, directors, agents, servants, employees, contractors, or subcontractors; (ii) any condition of the Land or any condition of the structures, equipment, facilities, or other improvements situated on or under the Land; (iii) any use or occupation of the lands burdened by the Temporary Construction Easement by --Grantee or any of its officers, directors, agents, servants, employees, contractors, or subcontractors; (iv) any condition of the lands burdened by the Temporary Construction Easement or any condition of the structures, equipment, facilities, or other improvements situated on or under the lands burdened by the Temporary Construction Easement, (v) the construction, installation, reconstruction, reinstallation, operation, maintenance, inspection, alteration, replacement, repair, relocation within the Easement or removal of any of the Facilities; (VI) any damage to or destruction of any of the Facilities from any cause whatsoever; and (vii) any removal or relocation of the Facilities, in whole or in part, that may be required in connection with the operation of the Fort Worth Floodway. This release extends to and includes any and all claims for bodily injury, death, sickness, disease, property damage or destruction, consequential damage, or economic loss caused to or suffered by any person or property, including Grantee, and Grantee's agents, servants, employees, contractors, successors or assigns, or any other person or entity. This release shall survive termination of the Easement. 11. Automatic Reverter. The Easement, and all rights and privileges granted herein, will automatically terminate if and when the Easement is no longer used for the purposes set out herein. In the event of such termination of use, Grantee agrees to execute and deliver to Grantor a document in recordable form releasing all of Grantee's rights hereunder, but the failure to execute and deliver such a Release shall not affect Grantor's ownership of the Land free and clear of any claims, rights, or privileges of Grantee. 12. Prohibition on Assignment. This Sanitary Sewer Pipeline Easement and Right -of - Way Agreement may not be assigned by Grantee, in whole or in part, without the prior written consent of Grantor. Any purported assignment without such written consent shall be void and of no force or effect. l 3. Acceptance of Sanitary Sewer Pipeline Easement and Right -of -Way Agreement. By signing this Sanitary Sewer Pipeline Easement and Right -of --Way Agreement, Grantee has agreed to and accepted the terms, conditions, benefits, and obligations contained herein. Grantor has agreed to grant the Easement in reliance upon Grantee's representation that Grantee agrees to and accepts the terms, conditions, benefits, and obligations contained herein. 14. Binding,Effect. The terms and provisions of this Sanitary Sewer Pipeline Easement and Right -of --Way Agreement shall inure to the benefit of and be binding upon Grantor and Grantee and their respective successors and assigns and shall be covenants running with the land. 15. Entire Agreement. This Sanitary Sewer Pipeline Easement and Right -of --Way Agreement contains all of the agreements between the parties respecting the subject matter hereof, and no prior representations or statements, verbal or written, have been made modifying, adding to, or changing the terms of this instrument. 16. Amendments. No amendments, modifications, or revisions of this Sanitary Sewer Pipeline Easement and Right -of --Way Agreement shall be effective unless made in writing, dated subsequent to the date hereof, and signed by the parties hereto, or their respective successors or assigns. TO HAVE AND TO HOLD the above -described Easement, together with all and singular the rights and appurtenances thereto in anywise belonging, subject to the Permitted Exceptions and all other terms and conditions stated herein, unto the Grantee, the said City of Fort Worth, Texas, its successors and permitted assigns, for so long as the Easement is used for the purposes stated herein, and upon cessation of such use, all rights, titles, and interests vesting in Grantee, the said City of Fort Worth, Texas, its successors and permitted assigns, by virtue hereof shall automatically cease and determine. Grantor does hereby bind itself, its successors and assigns, to WARRANT AND DEFEND all and singular the Easement unto the Grantee, the said City of Fort Worth, Texas, its successors and permitted assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, subject, however, to the Permitted Exceptions, the automatic right of reverter and all other terms and conditions stated herein. EXECUTED this � f day of , 2009. GRANTOR: TARRANT REGIONAL WATER DISTRICT, a Water Control and Improvement District By: R. Steve Christian Real Property Director GRANTEE: CITY OF FORT WORTH, TEXAS APPROVED AS TO FORM AND LEGALITY By: PG�r Theodore P. Gorski, Assistant City Attorney �F��CIAL REGARD WnRTHo TX Fernando Costa, Assistant City Manager Marty i;ity secretary -5- NO M�cC REC�UIRED STATE OF TEXAS * COUNTY OF TARRANT The foregoing instrument was acknowledged before me on this Oj_ day of \' _, 2009, by R. Steve Christian, Real Property Director of Tarrant Regional Water District, Water Control and Improvement District, on behalf of said District. Notary Public, Stat T xas Printed Name: S i �� �o t&�oK KeisP 4� My Commission Expires:j4�P` �� 1 STATE OF TEXAS * COUNTY OF TARRANT The foregoing instrument was acknowledged before me on this day of 2009, by Fernando Costa, Assistant City Manager of the City of Fort Worth, rexas.4hunicipal corporation, on behalf of said City. �� y- NiY COMfviIS ION EXPIRES July 26, 2011 Notary Public, State of Texas Printed Name: My Commission Expires: P \TR WDK'1TYFW\Sanitary Sewer Pipeline - Helen Street Bridge v3.doc -6- SANITARY SEWER MAIN EXTENSION IN STONEGATE BLVD, PART lA: 481NCH=SANITARY SEWER MAIN AT HULEN STREET BRIDGE SEWER PROJECT No. P274703170010783 PARCEL No, 17 D.O.E. No. 4906 5701 W. VICKERY BLVD., FORT WORTH S.C. INMAN SURVEY, ABSTRACT No. 824 EXHIBIT "A" Being a variable width Permanent Sanitary Sewer Easement situated in the S.C. Inman Survey, Abstract No. 824, City of Fort Worth, Tarrant County, Texas, said variable width Permanent Sanitary Sewer Easement being out of a tract of land deeded to Texas & Pacific Railroad Company as recorded in Volume 875, Page 96, in Volume 963, Page 273 and in Volume 4558, Page 276 of the Deed Records of Tarrant County, Texas, said variable width Permanent Sanitary Sewer Easement being more particularly described by metes and bounds as follows: BEGINNING at a fence corner post found for the southwest corner of said tract of land deeded to Texas & Pacific Railroad Company, said fence comer post being in the northwest line of a tract of land deeded to Tarrant County Water Control and Improvement District No. One as recorded in Volume 4528, Page 623 of said Deed Records of Tarrant County, Texas; THENCE North 54 degrees 14 minutes 04 seconds West, with a southwest line of said tract of land deeded to Texas & Pacific Railroad Company, a distance of 50.28 feet to a point for comer; THENCE North 29 degrees 56 minutes 42 seconds East, a distance of 170.23 feet to a point for corner; THENCE North 16 degrees 51 minutes 42 seconds East, a distance of 105.05 feet to a point for corner; THENCE North 33 degrees 52 minutes 42 seconds East, a distance of 165.32 feet to a point for corner; THENCE North 44 degrees 42 minutes 42 seconds East, a distance of 184.88 feel to a point for comer; THENCE North 49 degrees 08 minutes 00 seconds East, a distance of 183.35 feet to a point For corner; THENCE North 50 degrees 53 minutes I 1 seconds East, a distance of 73.53 feet to a point for corner; THENCE North 51 degrees 21 minutes 51 seconds East, a distance of 110.55 feet to a point for corner; THENCE North 64 degrees 40 minutes 16 seconds East, a distance of 465.64 feet to a point for corner; Page 1 of 4 SANITARY SEWER MAIN EXTENSION IN STONEGATE BLVD, PART lA: 48 INCH=SANITARY SEWER MAIN AT HULEN STREET BRIDGE SEWER PROJECT No. P274703170010783 PARCEL No: 17 D.O.E. No. 4906 5701 W. VICKERY BLVD., FORT WORTH S.C. INMAN SURVEY, ABSTRACT No. 824 THENCE South 47 degrees 49 minutes 44 seconds East, a distance of 72.10 feet to a point for corner in the southeast line of said tract of land deeded to Texas & Pacific Railroad Company, said point being in the northwest tine of said tract of land deeded to Tarrant County Water Control and Improvement District No. One; THENCE South 64 degrees 52 minutes 42 scconds West, with the northwest line of said h•act of land deeded to Tarrant County Water Control and Improvement -District -No. One, a distance -of - - -- - - 562.76 feet to a point for corner; THENCE South 49 degrees 09 minutes 42 seconds West, with the northwest line of said tract of land deeded to Tarrant County Water Control and Improvement District No. One, a distance of 281.10 feet to a 5/8 inch iron rod found for corner; THENCE South 44 degrees 42 minutes 42 seconds West, with the northwest line of said erect of land deeded to Tarrant County Water Control and Improvement District No. One, a distance of 178.20 feet to a 5/8 inch iron rod found for corner; THENCE South 33 degrees 52 minutes 42 seconds West, with the northwest line of said pact of land deeded to Tarrant County Water Control and Improvement District No. One, a distance of 153.10 feet to a point for corner; THENCE South 16 degrees 51 minutes 42 seconds West, with the northwest line of said tract of land deeded to Tan•ant County Water Control and Improvement District No. One, a distance of 103.30 feet to a point for corner; THENCE South 29 degrees 56 minutes 22 seconds West, with the northwest line of said tract of land deeded to Tarrant County Water Control and Improvement District No. One, a distance of 181.06 feet to the POINT OF BEGINNING, and containing 80,721 square feet or 1.853 acres of land, more or less. Page 2 of 4 NOTE: All bearings are based on the Texas Coordinate System, NAD-83, Noah Central Zone, utilizing a TxDoT Surface Factor of 1.00012 for this project. All bearings referenced to the project control for State Highway 121. All bearings and distances are surface. Date: November 26, 2008 W. Truett Wilson Registered Professional Land Surveyor No. 5146 Page 3 of 4 EXHIBIT "7 " TEXAS 6t PACIFIC RAILROAD COMPANY VOLUME 875, PAGE 96 1roLUME 963 PAGE 273 VOLUME 4554i PAGE 276 D.R T C;.T. oe VICINITY MAPseek till me 00 AN / L-1 VIA 116,111,10 me meet 14 It �•lv 40 .1 *414444 me. o :_ , it / 0Am MMM Y / .Aria Y FND FENCE POST 5/B IR i / /6� me AAA N01111.1. o AN; / 0i'z.'fti3 / 1 V�00 4 IWO 6(b ti �O k 9 5/89R NOTE ALL BEARINGS ARE BASED ON THE TEXAS COORDINATE SYSTEM, NAD-03, NORTH CENTRAL ZONE, UTILIZING A TXDOT 5URFACE FACTOR OF 1.00012 FOR THIS PROJECT. ALL BEARINGS REFERENCED TO THE PROJECT CONTROL. FOR STATE HIGHWAY 121. ALL BEARINGS AND DISTANCES ARE SURFACE. r / Impose // temple / /pk .�-::. ,IN, wo •TARRANT COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT No. ONE 100.0 BUILDING RESTRICTION EASEMENT VOLUME 4556, PAGE O D.R.T.C.T. A VARIABLE WIDTH PERMANENT SANITARY SEWER LINE EASEMENT 80,721 SQ. FT. OR 1.853 AC. LINE TABLE UNE BEARING DISTANCE l—) N S41404 50.20 L-2 N 2V38 42 170.23 VANL-3 N 1W5142AAA 105.05 ANN l-4 N 3mr52 42 ta5.32 L-S N ppp4 VQ 42 184.85 L-6 N 49'0a 00ANN' 183.33 L-7 N 3005311 73.53 l-8 N 51'21 S1 110.55 L—Y S 47'48 44 E 7z l c L-10 S 44'42 42 178.20 MANl-1 i S 3T52 42 f33.10 L-12 6'3142 103.36 L-13 s 29'Se 22 1a1NNA 200 100 0 200 .,. •� O• •- •• a A VARIABLE WIDTH PERMANENT SANITARY SEWER EASEMENT OUi OF A TRACT OF LAND SITUATED IN THE S.C. INMAN SURVEY, ABSTRACT No. 824 RCORDED IN VOLUME 875, PAGE 96, VOLUME 963, PAGE 273 AND IN VOLUME 4558, PAGE 276 OF THE PROJECT: SANITARY SEWER MAIN EXTENSION IN STONEGATE BLVD, PART IA: 4a—INCH SANITARY SEWER MAIN AT HULEN STREET BRIDGE PROfESSiONAL lANO GORRONDONA k ASSOCMTES, INC. 6707 BRENTWOOD STAIR ROAD, SUITE 50 SANITARY SEWER MAINEXTENSION IN STONEGATE BLVD. PART 1A: 48-INCH SANITARY SEWER MAIN AT HULEN STREET BRIDGE SEWER PROJECT No. P274703170010783 D.O.E. No. 4906 5701 W. VICKERY BLVD., FORT WORTH S.C. INMAN SURVEY, ABSTRACT No. 824 EXHIBIT "G�� Being a Temporary Construction Easement situated in the S.C. Inman Survey, Abstract No. 824, City of Fort Worth, Tarrant County, Texas, said Temporary Construction Easement being out of a tract of land deeded to Union Pacific Railroad Company as recorded in Volume 875, Page 96, Volume 963, Page 273 and Volume 4558, Page 276 of the Deed Records of Tarrant County, Texas, said Temporary Construction Easement being more particularly described by metes and bounds as follows. COMMENCING at a 5/8 inch iron rod found for coiner in the northwest line of a tract of land deeded to Tarrant County Water Control and Improvement District No. One as recorded in Volume 4528, Page 623 of said Deed Records of Tarrant County, Texas, said 518 inch iron rod being in the southeast Iine of a proposed Permanent Sanitary Sewer Easement, THENCE South 44 degrees 42 minutes 42 seconds West, with the northwest line of said tract of land deeded to Tarrant County Water Control and Improvement District No. One and with the southeast line of said proposed Permanent Sanitary Sewer Easement, a distance of 178.20 feet to a 5/8 inch iron rod found for comer; THENCE South 33 degrees 52 minutes 42 seconds West, with the northwest line of said tract of land deeded to Tarrant County Water Control and Improvement District No. One and with the southeast line of said proposed Permanent Sanitary Sewer Easement, a distance A 153.10 feet to a point for comer; THENCE South 16 degrees 51 minutes 42 seconds West, with the northwest line of said tract of land deeded to Tarrant County Water Control and Improvement District No. One and with the southeast line of said proposed Permanent Sanitary Sewer Easement, a distance of 103.30 feet to a point for comer; THENCE South 29 degrees 56 minutes 42 seconds West, with the northwest line of said tract of land deeded to Tarrant County Water Control and Improvement District No. One and with the southeast line of said proposed Permanent Sanitary Sewer Easement, a distance of 181.06 feet to a fence post found for corner in the northwest line of said tract of land deeded to Tarrant County Water Control and Improvement District No. One, said fence post being the south corner of said proposed Permanent Sanitary Sewer Easement, said fence post also being in the southwest line of said tract of land deeded to Texas & Pacific Railroad Company; THENCE North 54 degrees 14 minutes 04 seconds West, with the southwest line of said tract of land deeded to Texas & Pacific Railroad Company and with the southwest line of said proposed Permanent Sanitary Sewer Easement, a distance of 50.26 feet to the POINT OF BEGINNING, said point being the most westerly corner of said proposed Permanent Sanitary Sewer Easement; Page 1 of 5 SANITARY SEWER MAIN EXTENSION IN STONEGATE BLVD. PART Uee 48-INCH SANITARY SEWER MAIN AT HULEN STREET BRIDGE SEWER PROJECT No. P274=703170010783 D.O.E. No. 4906 5701 W. VICKERY BLVD., FORT WORTH S.C. INMAN SURVEY, ABSTRACT No. 824 THENCE North 54 degrees 14 minutes 04 seconds West, with the southwest line of said tract of land deeded to Texas & Pacific Railroad, a distance of 27.62 feet to a fence post found for corner; THENCE North 32 degrees 44 minutes 04 seconds West, with the southwest line of said tract of land deeded to Texas & Pacific Railroad Company, a distance of 14.07 feet to a point for a corner; THENCE North 29 degrees 56 minutes 58 seconds East, a distance of 194.54 feet to a point for comer; THENCE North 07 degrees 26 minutes 58 seconds East, a distance of 63.90 feet to a point for comer; THENCE North 29 degrees 56 minutes 58 seconds East, a distance of 117.05 feet to a point for corner; THENCE North 41 degrees 11 minutes 58 seconds East, a distance of 208.51 fret to a point for corner point for corner, THENCE North 52 degrees 26 minutes 58 seconds East, a distance of 175.35 feet to a point for comer; THENCE North 18 degrees 27 minutes 14 seconds East, a distance of 119.93 feet to a point for corner; THENCE North 63 degrees 29 minutes 25 seconds East, a distance of 743.91 feet to a point for corner point for corner; THENCE South 71 degrees 30 minutes 35 seconds East, a distance of 5.29 feet to a point for cornerI THENCE South 26 degrees 31 minutes 15 seconds East, a distance of 95.83 feet to a point for comer; THENCE South 63 degrees 28 minutes 45 seconds West, a distance of 112.85 feet to a point for comer in the northeasterly tine of said proposed Permanent Sanitary Sewer Easement; Page 2 of 5 SANITARY SEWER MAIN EXTENSION IN STONEGATE BLVD. PART 1A: 48-INCH SANITARY SEWER MAIN AT HULEN STREET BRIDGE SEWER PROJECT No. P274.703170010783 D.O.E. No. 4906 5701 W. VICKERY BLVD., FORT WORTH S.C. INMAN SURVEY, ABSTRACT No. 824 THENCE North 47 degrees 49 minutes 44 seconds West, with the northeasterly line of said proposed Permanent Sanitary Sewer Easement, a distance of 27.07 feet to a point for the most northeast corner of said proposed Permanent Sanitary Sewer Easement; THENCE South 64 degrees 40 minutes 16 seconds West, with the northwesterly line of said proposed Permanent Sanitary Sewer Easement a distance of 465.64 feet to a point for corner; THENCE South 51 degrees 21 minutes 51 seconds West, with the northwesterly line of said proposed Permanent Sanitary Sewer Easement, a distance of 110.55 feet to a point for corner; THENCE South 50 degrees 53 minutes 11 seconds West, with the northwesterly line of said proposed Permanent Sanitary Sewer Easement a distance of 73.53 feet to a point for corner; THENCE South 49 degrees 08 minutes 00 seconds West, with the northwesterly line of said proposed Permanent Sanitary Sewer Easement, a distance of 183.35 feet to a point for corner; THENCE South 44 degrees 42 minutes 42 seconds West, with the northwesterly line of said proposed Permanent Sanitary Sewer Easement a distance of 184.88 feet to a point for corner; THENCE South 33 degrees 52 minutes 42 seconds West, with the northwesterly line of said proposed Permanent Sanitary Sewer Easement, a distance of 165.32 feet to a point for corner; THENCE South 16 degrees 51 minutes 42 seconds West, with the northwesterly line of said proposed Permanent Sanitary Sewer Easement a distance of 105.05 feet to a point for corner; THENCE South 29 degrees 56 minutes 42 seconds West, with the northwesterly line of said proposed Permanent Sanitary Sewer Easement, a distance of 170.23 feet to the POINT OF BEGINNING, and containing 94,205 square feet or 2.163 acres of land, more or less. Page 3 of 5 SANITARY SEWER MAIN EXTENSION IN STONEGATE BLVD. PART 1A: 48-INCH SANITARY SEWER MAIN AT HULEN STREET BRIDGE SEWER PROJECT No. P274403170010783 D.O.E. No. 4906 5701 W. VICKERY BLVD., FORT WORTH S.C. INMAN SURVEY, ABSTRACT No. 824 NOTE: All bearings are based on the Texas Coordinate System, NAD-83, North Central Zone, utilizing a TxDoT Surface Factor of 1.00012 for this project. All bearings referenced to the project control for State Highway 121. All bearings and distances are surface. Date: November 26, 2008 W. Truett Wilson Registered Professional Land Surveyor No. 5146 Page 4 of 5 VICINITY MAP TEXAS dt PACIFlC RAILROAD COMPANY VOLUME 8751 PAGE 96 VOLUME 9631 PAGE 273 •� VOLUME 4558, PAGE 276,E D.R.T.C.T. I R 1 cl / vryo�'r L-5 - �ea•�vv FNO FENCE POST y L-4 FND FENCE POST P.O.B. �� EXHIBIT "D " A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT 94,205 S0. FT, OR 2.163 AC. tr: V +� !00000 ,,6 h 5' _E �=�z�16 i���?, v/ ® SANITARYSED SEWERREASEMENT FND 5/8'IR not* RANT APOV T�I�R MEM DISTR CT Now. ONE D 100.0 BUILDING RESTRICTION EASEMENT VOLUME 4556, PAGE 9 D.R.T.C.T. NOTE: ALL BEARINGS ARE BASED ON THE TEXAS COORDINATE SYSTEM, NAD-83, WORTH CENTRAL 20NE, unL1zING A ALL BEARINGS REFERENCED TOTHE 2PROJECT ICONTROL FOR STATE HIGHWAY 121. ALL BEARINGS AND DISTANCES ARE SURFACE. UNE TABLE IJNE BEARING DISTANCE L-) S 4442 42 178.20 L-2 S 3352 42 /53,10 L-3 N 5414 04 50.26 L-4 N 50 l4rD4V 27.82 L-5 N 274C 04 14.07 L-e N 29 58 58 /94.54 L-7 N orinal 63.90 L-8 N 29.56 5e 117.05 L-9 N 18'2714 119.93 L-10 S 71'30 35wE 5.29 L-11 S Vmi"151. 95.e3 1-12 S 63'2e 45 112.65 1-13 N 4749 44 27.0 L-14 S bt421 51 110.55 L-15 S 50*53' 1 IV 73.53 L-16 S 49'08 00 153.35 L-17 S 44'42 42 184.88 L-18 S 3332 42 165.32 l-t9 S 16'51 42 105.03 L-20 S 2WS6 42 170.23 �r :pojp 200 100 0 200 SCALE IN FEET AiIIIIIIII ��� Law .- . •a •- .- a � EXHIBIT VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT OUT OF A TRACT OF LAND SRUATED IN THE S.C. INMAN SURVEY, ABSTRACT No. 824 RCORDED IN VOLUME 875, PAGE 96, VOLUME 963, PAGE 273 AND IN VOLUME 4558, PAGE 276 OF THE PROJECT: SANITARY SEWER MAIN EXTENSION IN STONEGATE BLVD. PART 1A: 48—INCH SANITARY SEWER MAIN AT HULEN STREET BRIDGE L- PROfESSiONAI 111ND TX. 78112 817-488-1424 fAX 81 sy: CITY OF FORT WORTH REAL PROPERTY MANAGEMENT 1000 THROCKMORTON FT WORTH TX 76102 Submitter: CITY OF FORT WORTH/RIGHT OF WAY AND EASEME SUZANNE HENDERSON TARRANT COUNTY CLERK r 1_\7:7\: h siae1IL` k 9(q%1I1l d : CelI L4 100 WEST WEATHERFORD FORT WORTH, TX 761964401 DO NOT DESTROY WARNING m THIS IS PART OF TIME OFFICIAL RECORD. Filed for Registration: __ 06/221200910:56 AIVr _ __ __ _ __ Instrument #: D209137115 E 16 PGS 572.00 D209137115 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. Printed by: DS