HomeMy WebLinkAboutContract 55157 Date Received: 01/13/2021 _ City Secretary
Time Received: 2:35 pm Number: 55157
EASEMENT ENCROACHMENT LICENSE AGREEMENT
Commercial
THIS AGREEMENT is made and entered into by and between THE CITY OF
FORT WORTH, a home mule municipal corporation of Tarrant County, Texas ("City"),
acting by and through its duly authorized City Manager, Assistant City Manager, or
Development Services Director, and CRP-GREP OVERTURE RIVER DISTRICT
OWNER, LP, a Delaware limited partnership ("Licensee"), owner of the real property
located at 4851 Scott Road,Fort Worth, Texas 76114 ("Property"), acting by and through
its duly authorized Vice President.
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 as "Exhibit C" and incorporated herein for all
purposes; and
WHEREAS, the City has a drainage 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 acconunodatc 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 utility, drainage
lines and retaining wall (the "Encroachment"). Upon completion of the Encroachment,
OFFICIAL RECORD
Easement Encroachment Agreement-Commercial
CITY SECRETARY
FT. WORTH, TX
Licensee agrees to be responsible for maintaining the Encroaclment 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.
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 Encroacluilent 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 constriction, 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
Easement Encroachment Agreement-Commercial Page 2 of 12
Revised 4/2020
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.
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
Easement Encroachment Agreement-Commercial Page 3 of 12
Revised 4/2020
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION
WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION,
MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE
ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR
NOT CAUSED, IN WHOLE OR IN PART, BY THE 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.
Easement Encroachment Agreement-Commercial Page 4 of 12
Revised 4/2020
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 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.
Easement Encroachment Agreement-Commercial Page 5 of 12
Revised 4/2020
17.
The parties agree that the duties and obligations contained in Section 5 shall survive
the termination of this Agreement.
18.
Licensee covenants and agrees that it will not assign all or any of its rights,
privileges, or duties under this Agreement without the written approval of the City, and any
attempted assignment without such written approval shall be void. In the event Licensee
conveys the Property, Licensee may assign all of its rights and obligations under this
Agreement to the new owner of the Property, and Licensee shall be deemed released from
its duties and obligations hereunder upon City's approval in writing of such assignment,
which approval shall not be unreasonably conditioned or withheld. Foreclosure by a secured
lender of Licensee or assignment to a secured lender by Licensee in the event of default or
otherwise shall not require City approval provided that said lender notifies City in writing
within sixty (60) days of such foreclosure or assignment and assumes all of Licensee's
rights and obligations hereunder. However, no change of ownership due to foreclosure or
assignment to any secured lender of Licensee shall be effective as to City unless and until
written notice of such foreclosure or assignment is provided to City.
19.
Any cause of action for breach of this Agreement shall be brought in Tarrant
County, Texas. This Agreement shall be governed by the laws of the State of Texas.
20.
This Agreement shall be binding upon the parties hereto and their- successors and
assigns.
21.
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original,but all of which shall constitute one instrument.
Easement Encroachment Agreement-Commercial Page 6 of 12
Revised 4/2020
City: Licensee:
CITY OF FORT WORTH CRP-GREP OVERTURE RIVER
DISTRICT OWNER, L.P.
DJ Ha Jan 11 202113:52 CST
By. ( � — By:— —
DJ Harrell, Director Name: JR Thulin
Development Services Department Title: Vice President
Date: Date: 01/07/2021
ICY 0;00000.
Ay 00
ATTEST: P 00 o sd Approved As To Form and Legality
d a o
°° *�d
°°°°°° ° Ay
� nEX A`-,00gp
far Ronald P. Gonzales
for Ronald P.Gonzales(Jan 12,202109:31 CST)
Maly Kayser, City Secretary FWBC Sec. 3210
City Secretary's Office Matthew A. Murray,Assistant City Attorney
City Secretary's Office
Contract Compliance Specialist:
By signing I acknowledge that I am the person
Responsible for the monitoring and administration
Of this contract, including ensuring all performance
Janie Spa✓lent Morales And reporting requirements.
Janie Searlett Morales(Jan 10,202119:57 CST)
Janie Morales
Development Manager
OFFICIAL RECORD
Easement Encroachment Agreement-Commercial CITY SECRETARY
FT. WORTH, TX
***THIS PAGE FOR CITY OF FORTWORTH
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_1 lth day of
January 20 21
RYPG
LAURIE Digitally signed byLAURIE LAURIE PEQUENO LEWIS
2�P Notary Public
PEQUENO LEWIS + STATE OF TEXAS
PEQUENO LEWIS Date:2021.01.1 1 17:24:42-06'00' P Notary I.D. 132278952
My Comm.Exp.Dec. 10,2023
Notary Public in and for the State of Texas
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
OFFICIAL RECORD
Easement Encroachment Agreement-Commercial CITY SECRETARY
FT. WORTH, TX
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas , on this day personally appeared JR Thu", Vice President 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 CRP-GREP OVERTURE RIVER DISTRICT OWNER, L.P.,
a Delaware limited partnership,and M the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 7th day of
January ,2021.
��T111f 00101/
Notary Public in and for the
State of Texas `rA
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Jllif111111110titia
Easement Encroachment Agreement-Commercial OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
EXHIBIT A
Map of Easement and Encroachment
Easement Encroachment Agreement-Commercial Page 10 of 12
Revised 4/2020
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D.R.T.C.T. AGREEMENT AREA
BRITTAIN D. ALFORD SURVEY,
KEY MAP ABSTRACT NO. 37
CITY OF FORT WORTH,
NOTES: TARRANT COUNTY, TEXAS
Bearing system based the Texas Coordinate KiMjqy>0Horn
System of 1983, North Cea ntral Zone (4202), NorthAmerican Datum of 1983. 13455 Noel Road,Two Galled Tel.No.(972)770-1390
Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3820
Background utilities,shown hereon are proposed and Scale Drawn by I Checked by Date Project No. I Sheet No.
shown for informational purposes only.
11,=100 MSM DJD DEC.2020 1 067771658 10 OF 13
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rI ="- BRITTAIN D. ALFORD SURVEY,
NOTES: MATCH LINE (SEE SHEET 12) ABSTRACT NO. 37
Bearing system based on the Texas Coordinate System of 1983,North Central Zone(4202),
North American Datum of 1983. CITY OF FORT WORTH,
Background utilities,shown hereon are proposed and shown for informational purposes only. TARRANT COUNTY, TEXAS
LEGEND
P.O.C.WATER Kim1py))) Horn
--SS--=SANITARY SEWER
P.o.c.=POINT of COMMENCING FOR LINE TABLE,SEE SHEET 13P.O.B.=POINT OF BEGINNINGIRFC=IRON ROD WICAP FOUND 13455 Noel Road,Two Galled Tel.No.(972)770-1390
IRE=IRON ROD FOUND Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3820
D.R.T.C.T.=DEED RECORDS OF TARRANT COUNTY,TEXAS Scale Drawn bV Checked by Date Project No. Shee[No.
O.P.R.T.C.T.=OFFICIAL PUBLIC RECORDS,TARRANT COUNTY,TEXAS 1"=50' MSM DJD I DEC.2020 1 067771658 11 OF 13
WOFFORD,MATT 12/17/2020 9:05 AM\\DALFP01\DATA\PROJECT\DAL_SURVEY\067771658-GREYSTAR ELAN RIVER DISTRICT PH 2-FW\DWG\067771658-GREYSTAR OVERTURE RIVER
DISTRICT PH 2 ENCR AGREEMENT_REVISED.DWG
MATCH LINE
SE HEEEET11)
J DRAINAGE FACILITIES
I E i SEMFNT LOT 1, BLOCK A
I _ OVERTURE FORT WORTH
NO. 2 ADDITION
NORTH �L INST.NO. D220320493
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5,6,7&8 IMPROVEMENT DISTRICT NUMBER ONE \
VOL. 4032, PG. 170
FOR LINE TABLE,SEE SHEET 13 D.R.T.C.T. ENCROACHMENT
NOTES: AGREEMENT AREA
Bearing system based on the Texas Coordinate System of 1983,North Central Zone(4202), BRITTAIN D. ALFORD SURVEY,
North American Datum of 1983. ABSTRACT NO. 37
Background utilities,shown hereon are proposed and shown for informational purposes only. CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
LEGEND
P.O.C.WATER Kim1py))) Horn
--SS--=SANITARY SEWER
P.O.C.=POINT OF COMMENCING
P.O.B.=POINT OF BEGINNINGIRFC=IRON ROD WICAP FOUND 13455 Noel Road,Two Galled Tel.No.(972)770-1390
IRF=IRON ROD FOUND Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3820
D.R.T.C.T.=DEED RECORDS OF TARRANT COUNTY,TEXAS scale Drawn bV Checked by Date Project No. Shee[No.
O.P.R.T.C.T.=OFFICIAL PUBLIC RECORDS,TARRANT COUNTY,TEXAS 1"=50' MSM DJD I DEC.2020 1 067771658 12 OF 13
WOFFORD,MATT 12/17/2020 9:05 AM\\DALFP01\DATA\PROJECT\DAL_SURVEY\067771658-GREYSTAR ELAN RIVER DISTRICT PH 2-FW\DWG\067771658-GREYSTAR OVERTURE RIVER
DISTRICT PH 2 ENCR AGREEMENT_REVISED.DWG
LINE TABLE LINE TABLE LINE TABLE
NO. BEARING LENGTH NO. BEARING LENGTH NO. BEARING LENGTH
L1 N89'52'48"E 15.00, L21 N00°07'12"W 6.98, L41 N89'52'48"E 15.00,
L2 S00°07'12"E 28.00' L22 N37°48'26"E 16.27' L42 S00°07'12"E 10.00,
L3 S89°52'48"W 75.18' L23 N00°07'12"W 24.79' L43 S89°52'48"W 15.00,
L4 S44°52'48"W 4.82' L24 S53'38'43"E 24.87' L44 N00°07'12"W 10.00'
L5 S00°07'12"E 48.12' L25 S00°07'12"E 10.00,
L6 S89`52'48"W 20.00' L26 S89'52'48"W 20.00'
L7 N00'07'12"W 56.40' L27 N45°07'12"W 19.92'
L8 N44°52'48"E 21.39' L28 N00°07'12"W 5.91'
L9 N89'52'48"E 68.46' L29 N89`52'48"E 146.75'
L10 N00'07'12"W 8.00, L30 S00'07'12"E 20.00'
L11 N89°52'48"E 20.00' L31 S89'52'48"W 132.66'
L12 S00°07'12"E 10.00, L32 N00'07'12"W 10.00,
L13 S89°52'48"W 20.00' L33 N89°52'48"E 20.00'
L14 N00°07'12"W 10.00' L34 S00°07'12"E 10.00,
L15 N89°52'48"E 20.00' L35 S89'52'48"W 20.00'
L16 S00'07'12"E 10.00' L36 N00°07'12"W 10.00,
L17 S89°52'48"W 20.00' L37 N63°49'44"E 22.26'
L18 N00°07'12"W 10.00, L38 S00°07'12"E 10.00,
L19 S00°07'12"E 19.84' L39 S52'32'43"W 2.17'
L20 N89°57'34"W 10.00' L40 S65'02'19"W 20.14'
ENCROACHMENT
AGREEMENT AREA
BRITTAIN D. ALFORD SURVEY,
ABSTRACT NO. 37
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
Kimle >>) Horn
13455 Noel Road,Two Galleria Office Tel.No.(972)770-1390
Tower,Suite 7G0,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3820
Scale Drawn by Checked by Date Proiec[No. Shee[No.
1"=50' MSM I DEC.2020 1 067771658 130E 13
WOFFORD,MATT 12/17/2020 9:05 AM\\DALFP01\DATA\PROJECT\DAL_SURVEY\067771658-GREYSTAR ELAN RIVER DISTRICT PH 2-FW\DWG\067771658-GREYSTAR OVERTURE RIVER
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WSONRv STONE RETAINING WALL CROSS SECTION DATE Br NO DATE REVISION I
Fk OVERTURE RIVER DISTRICT F:II k E - i
SOUTHEAST CORNER OF SCOTf ROAD AND ATHENA DRIVE Sn I F C I auu DES. uJ9
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a` 4800 S.E. LOOP 820 (8nY m-xsou
FORT WORTH, TEXAS 76140 ScA.:o«-. '-0'
EXHIBIT B
Certificate of Insurance
Easement Encroachment Agreement-Commercial Page 11 of 12
Revised 4/2020
EXHIBIT C
Metes and Bounds or Location Description of the Property
Easement Encroachment Agreement-Commercial Page 12 of 12
Revised 4/2020
TRACT 1
FIELD NOTE DESCRIPTION
3,014 SQUARE FEET
BEING a tract of land situated in the Brittain D. Alford Survey, Abstract No. 37, City of Fort Worth, Tarrant County, Texas and
being part of Lot 1, Block A, Overture Fort Worth No. 2 Addition, an addition to the City of Fort Worth, Texas, according to the
plat thereof recorded in Instrument No. D220320493, Official Public Records, Tarrant County, Texas (O.P.R.T.C.T.), and being
more particularly described as follows:
COMMENCING at a 5/8-inch iron rod with plastic cap stamped"KHA"found for the northwest corner of said Lot 1, from which a
5/8-inch iron rod found for the southwest corner of said Lot 1, bears South 0°07'12" East, a distance of 688.85 feet;
THENCE over and across said Lot 1,the following courses and distances:
South 56°34'56" East, a distance of 147.97 feet to the POINT OF BEGINNING on the west line of a drainage facilities
easement,as dedicated by said Overture Fort Worth No. 2 Addition;
North 89°52'48" East, crossing said drainage facilities easement, a distance of 15.00 feet to a point for corner in the east
line of said drainage facilities easement;
THENCE continuing over and across said Lot 1, and with the east line of said drainage facilities easement, the following
courses and distances:
South 0°07'12" East, a distance of 28.00 feet to a point for corner;
South 89°52'48"West,a distance of 75.18 feet to a point for corner;
South 44°52'48"West,a distance of 4.82 feet to a point for corner;
South 0°07'12" East, a distance of 48.12 feet to a point for corner;
South 89°52'48"West, crossing said drainage facilities easement, a distance of 20.00 feet to a point for corner in said
west line of the drainage facilities easement;
THENCE continuing over and across said Lot 1, and with the west line of said drainage facilities easement, the following
courses and distances:
North 0'07'12"West, a distance of 56.40 feet to a point for corner;
North 44°52'48" East, a distance of 21.39 feet to a point for corner;
North 89°52'48" East,a distance of 68.46 feet to a point for corner;
North 0°07'12"West, a distance of 8.00 feet to the POINT OF BEGINNING and containing 3,014 square feet or 0.0692
acres of land.
Note:
Bearing system based on the Texas Coordinate System of 1983, North ENCROACHMENT
Central Zone(4202), North American Datum of 1983.
AGREEMENT AREA
,�� OF T BRITTAIN D. ALFORD SURVEY,
/`V:• GIST te CD a''• ABSTRACT NO. 37
*:: CITY OF FORT WORTH,
. ....
VID•J e 'EIRDT TARRANT COUNTY, TEXAS
... ...f : ......
°�� �••� Kimlgy* H or n
DAVID J. De WEIRDT ' O O PROFESSIONAL �L•'•F E S S�,.•y O 13455 Noel Road,Two Galle a Tel.No(972)770-1300
REGISTERED Zo S U R v Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(572)236-3820
LAND SURVEYOR NO. 5066 1/ Scale Drawn by Checked by Date ProecLNo. SI-ee
V [Na.
david.deweirdt@kimley-horn.com I N/A MSM DJD DEC.2020 1 067771658
WOFFORD,MATT 12/1712020 9;04 AM\\DALFP01\DATA\PROJECT\DAL_SURVEY\067771658-GREYSTAR ELAN RIVER DISTRICT PH 2-FW\DWG\067771658-GREYSTAR OVERTURE RIVER
DISTRIC—PH 2 ENCR AGREEMENT REVISED.DWG
TRACT 2
FIELD NOTE DESCRIPTION
200 SQUARE FEET
BEING a tract of land situated in the Brittain D. Alford Survey, Abstract No. 37, City of Fort Worth, Tarrant County,
Texas and being part of Lot 1, Block A, Overture Fort Worth No. 2 Addition, an addition to the City of Fort Worth,
Texas, according to the plat thereof recorded in Instrument No. D220320493, Official Public Records, Tarrant
County, Texas (O.P.R.T.C.T.), and being more particularly described as follows:
COMMENCING at a 5/8-inch iron rod with plastic cap stamped "KHA" found for the northwest corner of said Lot 1,
from which a 5/8-inch iron rod found for the southwest corner of said Lot 1, bears South 0°07'12" East, a distance
of 688.85 feet;
THENCE over and across said Lot 1, the following courses and distances:
South 9°38'25" East, a distance of 240.31 feet to the POINT OF BEGINNING on the west line of a drainage
facilities easement, as dedicated by said Overture Fort Worth No. 2 Addition;
North 89'52'48" East, crossing said drainage facilities easement, a distance of 20.00 feet to a point for corner
on the east line of said drainage facilities easement;
South 0'07'12" East, with said east line, a distance of 10.00 feet to a point for corner;
South 89°52'48"" West, crossing said drainage facilities easement, a distance of 20.00 feet to a point for
corner on the west line of said drainage facilities easement;
North 0°07'12" West, with said west line, a distance of 10.00 feet to the POINT OF BEGINNING and
containing 200 square feet or 0.0046 acres of land.
Note:
Bearing system based on the Texas Coordinate System of 1983,
North Central Zone(4202),North American Datum of 1983.
ENCROACHMENT
AGREEMENT AREA
BRITTAIN D. ALFORD SURVEY,
ABSTRACT NO. 37
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
Kimle >>) Horn
13455 Noel Road,Two Galled Office Tel.No.(972)770-1390
Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3820
Scale Drawn by Checked by Date Project No. I Shee[No.
N,A MSM DJD DEC.2020 1 067771658 20F 13
WOFFORD,MATT 12/17/2020 9:04 AM\\DALFP01\DATA\PROJECT\DAL_SURVEY\067771658-GREYSTAR ELAN RIVER DISTRICT PH 2-FW\DWG\067771658-GREYSTAR OVERTURE RIVER
DISTRICT PH 2 ENCR AGREEMENT_REVISED.DWG
TRACT 3
FIELD NOTE DESCRIPTION
200 SQUARE FEET
BEING a tract of land situated in the Brittain D. Alford Survey, Abstract No. 37, City of Fort Worth, Tarrant County,
Texas and being part of Lot 1, Block A, Overture Fort Worth No. 2 Addition, an addition to the City of Fort Worth,
Texas, according to the plat thereof recorded in Instrument No. D220320493, Official Public Records, Tarrant
County, Texas (O.P.R.T.C.T.), and being more particularly described as follows:
COMMENCING at a 5/8-inch iron rod with plastic cap stamped "KHA" found for the northwest corner of said Lot 1,
from which a 5/8-inch iron rod found for the southwest corner of said Lot 1, bears South 0°07'12" East, a distance
of 688.85 feet;
THENCE over and across said Lot 1, the following courses and distances:
South 7°14'39" East, a distance of 320.47 feet to the POINT OF BEGINNING on the west line of a drainage
facilities easement, as dedicated by said Overture Fort Worth No. 2 Addition;
North 89'52'48" East, crossing said drainage facilities easement, a distance of 20.00 feet to a point for corner
on the east line of said drainage facilities easement;
South 0'07'12" East, with said east line, a distance of 10.00 feet to a point for corner;
South 89°52'48"" West, crossing said drainage facilities easement, a distance of 20.00 feet to a point for
corner on the west line of said drainage facilities easement;
North 0°07'12" West, with said west line, a distance of 10.00 feet to the POINT OF BEGINNING and
containing 200 square feet or 0.0046 acres of land.
Note:
Bearing system based on the Texas Coordinate System of 1983,
North Central Zone(4202),North American Datum of 1983.
ENCROACHMENT
AGREEMENT AREA
BRITTAIN D. ALFORD SURVEY,
ABSTRACT NO. 37
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
Kimle >>) Horn
13455 Noel Road,Two Galled Office Tel.No.(972)770-1390
Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3820
Scale Drawn by Checked by Date Project No. I Shee[No.
N,A MSM DJD DEC.2020 1 067771658 30F 13
WOFFORD,MATT 12/17/2020 9:04 AM\\DALFP01\DATA\PROJECT\DAL_SURVEY\067771658-GREYSTAR ELAN RIVER DISTRICT PH 2-FW\DWG\067771658-GREYSTAR OVERTURE RIVER
DISTRICT PH 2 ENCR AGREEMENT_REVISED.DWG
TRACT 4
FIELD NOTE DESCRIPTION
134 SQUARE FEET
BEING a tract of land situated in the Brittain D. Alford Survey, Abstract No. 37, City of Fort Worth, Tarrant County,
Texas and being part of Lot 1, Block A, Overture Fort Worth No. 2 Addition, an addition to the City of Fort Worth,
Texas, according to the plat thereof recorded in Instrument No. D220320493, Official Public Records, Tarrant
County, Texas (O.P.R.T.C.T.), and being more particularly described as follows:
COMMENCING at a 5/8-inch iron rod with plastic cap stamped "KHA" found for the northwest corner of said Lot 1,
from which a 5/8-inch iron rod found for the southwest corner of said Lot 1, bears South 0°07'12" East, a distance
of 688.85 feet;
THENCE over and across said Lot 1, the following courses and distances:
South 10'11'06" East, a distance of 341.86 feet to the POINT OF BEGINNING on the east line of a drainage
facilities easement, as dedicated by said Overture Fort Worth No. 2 Addition;
South 0'07'12" East, with said east line, a distance of 19.84 feet to a point for corner;
North 89°57'34"West, crossing said drainage facilities easement, a distance of 10.00 feet to a point for corner
in the west line of said drainage facilities easement;
North 0'07'12"West, with said west line, a distance of 6.98 feet to a point for corner;
North 37°48'26" East, crossing said drainage facilities easement a distance of 16.27 feet to the POINT OF
BEGINNING and containing 134 square feet or 0.0031 acres of land.
Note:
Bearing system based on the Texas Coordinate System of 1983,
North Central Zone(4202),North American Datum of 1983.
ENCROACHMENT
AGREEMENT AREA
BRITTAIN D. ALFORD SURVEY,
ABSTRACT NO. 37
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
Kimle >>) Horn
13455 Noel Road,Two Galled Office Tel.No.(972)770-1390
Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3820
Scale Drawn by Checked by Date Project No. I Shee[No.
N,A MSM DJD DEC.2020 1 067771658 40F 13
WOFFORD,MATT 12/17/2020 9:04 AM\\DALFP01\DATA\PROJECT\DAL_SURVEY\067771658-GREYSTAR ELAN RIVER DISTRICT PH 2-FW\DWG\067771658-GREYSTAR OVERTURE RIVER
DISTRICT PH 2 ENCR AGREEMENT_REVISED.DWG
TRACT 5
FIELD NOTE DESCRIPTION
348 SQUARE FEET
BEING a tract of land situated in the Brittain D. Alford Survey, Abstract No. 37, City of Fort Worth, Tarrant County,
Texas and being part of Lot 1, Block A, Overture Fort Worth No. 2 Addition, an addition to the City of Fort Worth,
Texas, according to the plat thereof recorded in Instrument No. D220320493, Official Public Records, Tarrant
County, Texas (O.P.R.T.C.T.), and being more particularly described as follows:
COMMENCING at a 5/8-inch iron rod found for the southwest corner of said Lot 1, from which a 5/8-inch iron rod
with plastic cap stamped "KHA" found for the northwest corner of said Lot 1, bears North 0'07'12" West, a distance
of 688.85 feet;
THENCE over and across said Lot 1, the following courses and distances:
North 10'46'27" East, a distance of 210.30 feet to the POINT OF BEGINNING in the west line of a drainage
facilities easement, as dedicated by said Overture Fort Worth No. 2 Addition;
North 0'07'12"West, with said west line, a distance of 24.79 feet to a point for corner;
South 53°38'43" East, crossing said drainage facilities easement, a distance of 24.87 feet to a point for corner
in the east line of said drainage facilities easement;
South 0'07'12" East, with said east line, a distance of 10.00 feet to a point for corner;
North 89°52'48" East, crossing said drainage facilities easement, a distance of 20.00 feet to the POINT OF
BEGINNING and containing 348 square feet or 0.0080 acres of land.
Note:
Bearing system based on the Texas Coordinate System of 1983,
North Central Zone(4202),North American Datum of 1983.
ENCROACHMENT
AGREEMENT AREA
BRITTAIN D. ALFORD SURVEY,
ABSTRACT NO. 37
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
Kimle >>) Horn
13455 Noel Road,Two Galled Office Tel.No.(972)770-1390
Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3820
Scale Drawn by Checked by Date Project No. I Shee[No.
N,A MSM DJD DEC.2020 1 067771658 50F 13
WOFFORD,MATT 12/17/2020 9:04 AM\\DALFP01\DATA\PROJECT\DAL_SURVEY\067771658-GREYSTAR ELAN RIVER DISTRICT PH 2-FW\DWG\067771658-GREYSTAR OVERTURE RIVER
DISTRICT PH 2 ENCR AGREEMENT_REVISED.DWG
TRACT 6
FIELD NOTE DESCRIPTION
2,836 SQUARE FEET
BEING a tract of land situated in the Brittain D. Alford Survey, Abstract No. 37, City of Fort Worth, Tarrant County,
Texas and being part of Lot 1, Block A, Overture Fort Worth No. 2 Addition, an addition to the City of Fort Worth,
Texas, according to the plat thereof recorded in Instrument No. D220320493, Official Public Records, Tarrant
County, Texas (O.P.R.T.C.T.), and being more particularly described as follows:
COMMENCING at a 5/8-inch iron rod found for the southwest corner of said Lot 1, from which a 5/8-inch iron rod
with plastic cap stamped "KHA" found for the northwest corner of said Lot 1, bears North 0'07'12" West, a distance
of 688.85 feet;
THENCE over and across said Lot 1, the following courses and distances:
North 21°35'53" East, a distance of 145.48 feet to the POINT OF BEGINNING on the west line of a drainage
facilities easement, as dedicated by said Overture Fort Worth No. 2 Addition;
North 45'07'12"West, with said west line, a distance of 19.92 feet to a point for corner;
North 0'07'12"West, continuing with said west line, a distance of 5.91 feet to a point for corner;
North 89°52'48" East, crossing said drainage facilities easement, passing at a distance of 22.37 feet an east
line of said drainage facilities easement, continuing with a north line of said drainage facilities easement in all
a total distance of 146.75 feet to a point for corner at an angle point in said drainage facilities easement;
South 0°07'12" East, with the east line of said drainage facilities easement, a distance of 20.00 feet to a point
for corner;
South 89'52'48" West, crossing said drainage facilities easement, passing at a distance of 20.00 feet a west
line of said drainage facilities easement, continuing with a south line of said drainage facilities easement in all
a total distance of 132.66 feet to the POINT OF BEGINNING and containing 2,836 square feet or 0.0651
acres of land.
Note:
Bearing system based on the Texas Coordinate System of 1983,
North Central Zone(4202),North American Datum of 1983.
ENCROACHMENT
AGREEMENT AREA
BRITTAIN D. ALFORD SURVEY,
ABSTRACT NO. 37
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
Kimle >>) Horn
13455 Noel Road,Two Galled Office Tel.No.(972)770-1390
Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3820
Scale Drawn by Checked by Date Project No. I Shee[No.
N,A MSM DJD DEC.2020 1 067771658 60F 13
WOFFORD,MATT 12/17/2020 9:04 AM\\DALFP01\DATA\PROJECT\DAL_SURVEY\067771658-GREYSTAR ELAN RIVER DISTRICT PH 2-FW\DWG\067771658-GREYSTAR OVERTURE RIVER
DISTRICT PH 2 ENCR AGREEMENT_REVISED.DWG
TRACT 7
FIELD NOTE DESCRIPTION
200 SQUARE FEET
BEING a tract of land situated in the Brittain D. Alford Survey, Abstract No. 37, City of Fort Worth, Tarrant County,
Texas and being part of Lot 1, Block A, Overture Fort Worth No. 2 Addition, an addition to the City of Fort Worth,
Texas, according to the plat thereof recorded in Instrument No. D220320493, Official Public Records, Tarrant
County, Texas (O.P.R.T.C.T.), and being more particularly described as follows:
COMMENCING at a 5/8-inch iron rod found for the southwest corner of said Lot 1, from which a 5/8-inch iron rod
with plastic cap stamped "KHA" found for the northwest corner of said Lot 1, bears North 0'07'12" West, a distance
of 688.85 feet;
THENCE with the south line of said Lot 1, North 80'59'48" West, a distance of 87.08 feet to a 5/8-inch iron rod with
plastic cap stamped "KHA"found for corner;
THENCE over and across said Lot 1, the following courses and distances:
North 51°15'26" East, a distance of 102.99 feet to the POINT OF BEGINNING on the west line of a drainage
facilities easement, as dedicated by said Overture Fort Worth No. 2 Addition;
North 00'07'12"West, with said west line, a distance of 10.00 feet to a point for corner;
North 89°52'48" East, crossing said drainage facilities easement, a distance of 20.00 feet to a point on the
east line of said drainage facilities easement;
South 00'07'12" East, with said east line, a distance of 10.00 feet to a point for corner;
South 89°52'48" West, crossing said drainage facilities easement, a distance of 20.00 feet to the POINT OF
BEGINNING and containing 200 square feet or 0.0046 acres of land.
Note:
Bearing system based on the Texas Coordinate System of 1983,
North Central Zone(4202),North American Datum of 1983.
ENCROACHMENT
AGREEMENT AREA
BRITTAIN D. ALFORD SURVEY,
ABSTRACT NO. 37
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
Kimle >>) Horn
13455 Noel Road,Two Galled Office Tel.No.(972)770-1390
Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3820
Scale Drawn by Checked by Date Project No. I Shee[No.
N,A MSM DJD DEC.2020 1 067771658 70F 13
WOFFORD,MATT 12/17/2020 9:04 AM\\DALFP01\DATA\PROJECT\DAL_SURVEY\067771658-GREYSTAR ELAN RIVER DISTRICT PH 2-FW\DWG\067771658-GREYSTAR OVERTURE RIVER
DISTRICT PH 2 ENCR AGREEMENT_REVISED.DWG
TRACT 8
FIELD NOTE DESCRIPTION
205 SQUARE FEET
BEING a tract of land situated in the Brittain D. Alford Survey, Abstract No. 37, City of Fort Worth, Tarrant County,
Texas and being part of Lot 1, Block A, Overture Fort Worth No. 2 Addition, an addition to the City of Fort Worth,
Texas, according to the plat thereof recorded in Instrument No. D220320493, Official Public Records, Tarrant
County, Texas (O.P.R.T.C.T.), and being more particularly described as follows:
COMMENCING at a 5/8-inch iron rod found for the southwest corner of said Lot 1, from which a 5/8-inch iron rod
with plastic cap stamped "KHA" found for the northwest corner of said Lot 1, bears North 0'07'12" West, a distance
of 688.85 feet;
THENCE with the south line of said Lot 1, North 80'59'48" West, a distance of 87.08 feet to a 5/8-inch iron rod with
plastic cap stamped "KHA"found for corner;
THENCE continuing with said south line of Lot 1, North 65'02'19" East, a distance of 88.66 feet to the POINT
OF BEGINNING on the west line of a drainage facilities easement, as dedicated by said Overture Fort Worth
No. 2 Addition;
THENCE over and across said Lot 1, the following courses and distances:
North 00'07'12"West, with said west line, a distance of 10.00 feet to a point for corner;
North 63°49'44" East, crossing said drainage facilities easement, a distance of 22.26 feet to a point on the
east line of said drainage facilities easement;
South 00'07'12" East, with said east line, a distance of 10.00 feet to a point for corner on the south line of said
Lot 1;
THENCE South 52'32'43" West, with said south line of Lot 1, a distance of 2.17 feet to a 5/8-inch iron rod with
plastic cap stamped "KHA"found for corner;
THENCE South 65°02'19" West, continuing with said south line, a distance of 20.14 feet to the POINT OF
BEGINNING and containing 205 square feet or 0.0047 acres of land.
Note:
Bearing system based on the Texas Coordinate System of 1983,
North Central Zone(4202),North American Datum of 1983.
ENCROACHMENT
AGREEMENT AREA
BRITTAIN D. ALFORD SURVEY,
ABSTRACT NO. 37
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
Kimle >>) Horn
13455 Noel Road,Two Galled Office Tel.No.(972)770-1390
Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3820
Scale Drawn by Checked by Date Project No. I Shee[No.
N,A MSM DJD DEC.2020 1 067771658 S OF 13
WOFFORD,MATT 12/17/2020 9:04 AM\\DALFP01\DATA\PROJECT\DAL_SURVEY\067771658-GREYSTAR ELAN RIVER DISTRICT PH 2-FW\DWG\067771658-GREYSTAR OVERTURE RIVER
DISTRICT PH 2 ENCR AGREEMENT_REVISED.DWG
TRACT 9
FIELD NOTE DESCRIPTION
150 SQUARE FEET
BEING a tract of land situated in the Brittain D. Alford Survey, Abstract No. 37, City of Fort Worth, Tarrant County,
Texas and being part of Lot 1, Block A, Overture Fort Worth No. 2 Addition, an addition to the City of Fort Worth,
Texas, according to the plat thereof recorded in Instrument No. D220320493, Official Public Records, Tarrant
County, Texas (O.P.R.T.C.T.), and being more particularly described as follows:
COMMENCING at a 5/8-inch iron rod with plastic cap stamped "KHA" found for the northwest corner of said Lot 1,
from which a 5/8-inch iron rod found for the southwest corner of said Lot 1, bears South 0°07'12" East, a distance
of 688.85 feet;
THENCE over and across said Lot 1, the following courses and distances:
South 67°20'48" East, a distance of 133.76 feet to the POINT OF BEGINNING;
North 89°52'48" East, a distance of 15.00 feet to a point for corner,-
South 0'07'12" East, a distance of 10.00 feet to a point for corner;
South 89°52'48" West, a distance of 15.00 feet to a point for corner;
North 0'07'12" West, a distance of 10.00 feet to the POINT OF BEGINNING and containing 150 square feet
or 0.0034 acres of land.
Note:
Bearing system based on the Texas Coordinate System of 1983,
North Central Zone (4202), North American Datum of 1983.
ENCROACHMENT
AGREEMENT AREA
BRITTAIN D. ALFORD SURVEY,
ABSTRACT NO. 37
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
Kimle >>) Horn
13455 Noel Road,Two Galled Office Tel.No.(972)770-1390
Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3820
Scale Drawn by Checked by Date Project No. I Shee[No.
N,A MSM DJD DEC.2020 1 067771658 90F 13
WOFFORD,MATT 12/17/2020 9:04 AM\\DALFP01\DATA\PROJECT\DAL_SURVEY\067771658-GREYSTAR ELAN RIVER DISTRICT PH 2-FW\DWG\067771658-GREYSTAR OVERTURE RIVER
DISTRICT PH 2 ENCR AGREEMENT_REVISED.DWG