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HomeMy WebLinkAboutContract 55531Date Received: 04/08/2021 Time Received: 10:42 am City Se�retarr• Numbe r: 55531 EASEMENT ENCROACHMENT LICENSE AGREEMENT Cnmmercial THIS AGREEMENT is made and entered into by and between THE CITY OF FORT WORTH, a harne rule municipal corparation of Tarrant County, Texas ("City"), acting by and ti�rough its duly authorized City Manager, Assistant City Manager, ar Development Services Director, and SJ ROLLING HILLS DEVELOPMENT, LP_ a limited partaership ("Licensee'�, owner of the real property lacated at 716$ ROLLING HILLS DRIVE, F'ort Worth, Texas 76126 (`PropeMy"), acting by and through �ts duly autharized general partner. RECITALS WHEREAS, License� is the owner of certain real properry situated in the City of Fort Worth, Tarrant County, Texas, more particularly described �n the attached Legal Description of t�e Property, attached as "Exh�bit C" and incorporated hereir� for all purposes; and WHEREAS, the City has a water easement (the "Easemenf'} in the Property as shown on the rnap attached to this Agree�nent as '`Exhibit A," which is irEcorporated herein for all purposes; and WHEREAS, Licensee desires to construct, place, anc�/or maintain certain improvements which will encroach in, an, above, or below the City's Easement; and WHEREAS, to accommodate the neecfs of the Licens�e, the City will allaw the encroachment under t�e terms and conditions as set forth in th�s Agreement. NOW, THEREFORE, the City a�d Licensee agree as fol�ows: AGREEM ENT 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 �Cept and performed by Licens�e, hereby grants permission to Licensee ta encroach �, on, abo�e, or below and occupy a portion of the City's Easement as descrbed in and at the location shown on Exhibit A, �ut ortly to the extent shown thereon, for the purpose of constructing a retaining wall {the Gasement Encrnachment Agreement - Commercial OFFICIAL RECORD PN19-00145 CITY SECRETARY FT. WORTH, TX "Encroachment"'). Upon co�'npl�tion of the Encraachment, Licensee agrees to be responsible for maintair�ing the Encraachrrtent within the Easement. Licensee sha�l not expand or otherwise cause the Encroachment ta further ir�fringe in or on City's Easement beyond what is specifically described in the exhibit{s} attac�ed hereto. 2. A�I construction, rnaintenance, or operation in connection with such Encroachment, use, and occupancy shall comply and be performed in strict compliance with this Agreerr�ent and with the Charter, Ordinances, and Codes of the City, and in accordance wRh the directions af the Directar of the Transportation and Public Works Department or the Director of the Water Department, or t�eir duly authorized representati�e. Prior to the construction of the Encroachrnent, �,icensee shall submit all plans and specifcations to the appGcable Director or duEy autharized representative. Licensee shall not commence construction of the Encroachment until such approval shall be indicated ir� writing by the applicable Director or authorized represencative. Hawever, su�h approval s�afl not relieve L�censee of responsibility and liai�ility for concept, design, and computation in the preparation of such plans and specifications. 3. Licensee, at no expens� to the City, shall make proper provisions far the relocation and installation of any existing or future utilities affected by such Encroachment, use, and occupaney, including securing the appravaf and consent of the apprapriate utility campanies and agencies of the State and its political subdi�isians. In the e�ent that any instal�at�on, reinstallation, reiocation, or repair of any existing or future utiiity or impro�ements owned by or constructed by or on behalf of the public or at public expense is made more costly by �irtue of the construction, maintenance, or existence of the Eneroachment and use, Licensee shall �ay to the City an add�tional amount equal to such additional cost as reasonabty determined by the Directar of Transportation and Public Works or the Directar of the Water Department, ar their duly author�zed representative. 4. Licensee agrees that the Ciry may enter and utilize the referenced areas at any time for the �urpose of installing, repairing, replacirig, or maintaining improve�nents to its public facilities or utilities necessary for the health, safety, and welfare of the public, or for any other public purpose. The City shali bear no responsibility ar lia�ility for any damage or disruption or oth�r adverse consec{uences resufting from the Encroachrrient instailed by Licensee, but the City will make reasonable efforts to m�nimize such damage. Easement Encroachmenl Agreement - Commercial Page 2 of 12 PN l9-0Ol 45 Revised 12120I 8 5. Upon termination of this Agreement, Licensee shall, at the option of and at r�o expense to the City, remove the Encroachment and restore the Easement to a conditian acceptable to the Director of Trans�ortation artd Public Works or the Director of the Water Department, or their duly aut�orized representati�e, in accordance with then-existing City specif�cations. I# is understood and agreed to by Licer�see that if this Agreement terminates and Licensee fails to remave the Encroachment as directed and restore the Easement, Licensee hereby gives the City permission to remo�e the Encroachment and any supporting structures and assess a lien on the Property for the costs expended by the City �n tafcing such actions. 6. In order to defray all costs of inspeciion and supervisian which the City has incurred or will incur as a resu}t of the canstruction, maintenance, inspection, or management of the encroachments and uses pravided for by this Agreement, Licensee agrees to pay to City at the time this Agreernent is requested an application fee of in the sum of Five Hundred Dollars {$500.00). 7. The term af this Agreement shav be for thirty (30) years, corr�mencing on the date this Agreement is executed by the City. However, this Agreement may be terminated upon Licensee's noncampliance with any of the terms of this Agreement. City shaIl notify Licensee ir� wriRing of any noncompliance and if not cured within thirty (30) days, this Ab eement shall be deemed terminated, unless such noncompliar�ce is not susceptible to cure within thirty (30) days, in which case this Agreement shall be deerr�ed termir�ated in the e�ent that Licensee fails ta commence and ta[ce such reasonable steps as are necessary to remedy the nancampliance within thirty (3Q) days after wrirten notice specifying the same, ar ha�ing so commenced, thereafter fails to proceed diligently and with continuiry to remedy same. $. It is further understood and agreed between the parties hereto that the Easement to be used and encraached upon is held by City as trustee for the public; that City exercises such powers over the Easement as have E�een delegated to i� 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 far the use and benefR of the public. It is accordingfy agreed that if the governing body of City rnay at any time during the term hereof dete►�r�ine in its sole discretion ta use or cause or permit the Easement to iae used for any other public purpose that does not preclude the use of the Encroachment on the Property, including but nat being limRed to underground, surface, or o�erhead communication, drainage, sanitary sewerage, transmission of natural gas or electricity, or Easement Encroachment lagreement - Commercia� i'age 3 oF 12 PN19-OD 145 Revised E 212018 any other public purpase, whether pres�ntly contemplaied or not, that the parties agree to negotiate �n good faith �n order to accommodate the Encroachmenf and the public purp�ose. 9. L�CENSEE 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 F4R PROPERTY DAMAGE QR LQSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, QF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF 4R IN CONNECTION WITH, DIRECTLY �R INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION �F THE ENCR�ACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF OFFI�ERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INViTEES UF THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIAB[LITY �ND RESPONSIBILITY FOR SUCH CLAIMS QR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNCFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECT[ON V1�TH THE ENCROACHMENTS AND ANY AND ALL ACTS OR �MISSIONS �F LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBC4NTRACTORS, LICENSEES, OR INVITEES. 10. While this Agreement is in effect, Licensee agrees to furr�ish City with a Certificate of Insurance naming City as certificate holder as proof that R has secured and paid for a palicy of public liability insurance covering all public risks re�ated to the proposed use and occupancy of public property as located and described in E�ch�bit A. The amounts of such insurance shall be not less than $1,pQ4,004 wRh the understanding and agree�nent by I�icensee that such insurance amounts may be re�ised upward at CRy's option and that Licensee shalrt so revise such amounts immediately followin� notice to Licensee of such requirement. Such insurance policy sha[l not be canceled or amended without at least ihirty (30} days �rior written notice to the Building Official of the Ciry. A copy o� such Cer�ificate of Insurance is aitached as ``Exhibit B" and incorporated herein for all purposes. L,icensee agrees to submit a similar Certificate of Insurance annualiy to the Ci�y on t�e anniversary date of the execution of this Ab eement. �asemeni Fncroachmenl Agreemen[ - Commercial Page d of 12 PN19-00145 Revised 12/2018 Licensee agrees, binds, and obligates itself and 'Rs s�ccessors and assigns to maintain artd 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. A[l ir�s�rance co�erage required herein shall include co�erage of al.l Licensee's contractprs and subcontractors. Z1. Licensee ag�-ees to deposit with the City when thi� Agreement is executed a suf�cient sum of money to be used to pay necessary fees to recard this Agreement in the rea� property records af 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 al� app[icable federal, state, and local laws, statutes, ordinances, codes, and re�ulations in connection with the construction, operation, and maintenance of the Encroachment and uses. 13. Licensee agrees to pay promptly when due a!1 fees, taxes, or rentals pro�ided for by this Agree�ner�t or by any federal, state, or local stat�te, law, or regulation. 14. Licensee covenants and agrees that it shall aperate hereunder as an independent contractor as to all rights and pri�ileges granted t�ereunder and not as an offieer, agent, servar�t, or employee of City, and Licensee shall have exclusive contro! of and the exciusi�e right to control the details of �ts operations, and alI persons performing same, and shall be soiely respor�sible for the acts and omissions af �ts afficers, agents, servants, em�byees, contractars, subcontractors, licensees, ancf in�itees. The doctrine of respondeat superior shall not apply as between City and Licensee, Rs officers, agents, servants, employees, contractors, and subcantractors, and nothing herein shall be construed as creatin�; 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, tRle, or i�terest in ar ta 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 R will obtain all necessary perrnissions befare occupying such property. Easement Encroachment Agreemeni - Cotnrrtercial Pag� � of 12 PN19-p4145 Revised 12/2fl�8 16. In any action braught by the City for the enforcement of the obligations of the License�, the City shall be entitled to recov�r interest and reasonable attarneys' fees. 17. The part�es agree that the duties and o�ligations contained in Section S shall survi�e the termination of this Agreement. 18. L�censee co�enants and agrees that R will not assign ail or any of its rights, privileges, or duties under this Agreeme�t without the written approval of the City, and any attempted assignment wit�iout suci� written approval shall be void. In the event Licensee conveys the Property, Licensee nnay assign all of its rights and obligations under this Agreement to the new owner af the Property, and Licensee shall be c�eerned released irom its duties and ob!igations hereunder upon City's approval in writing of such assignment, which approval shall not be unreasonably canditioned or withheld. Fareclosure 6y a secured lender af Licensee or assignment to a secured lender by Licensee �n the event af defauf� or otherwise shall not require City appro�al provided that said lender r�otifies City in writing within sixty {60) days of such foreclasure or assignment and assumes all of I,�censee's rights and obligations hereunder. However, no change of ownership due to foreclosure or assignment to any secured ]ender of Licensee shall be effective as to City unless ar�d until written natice of such foreclosure ar 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 i� 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 Ageement may be executed in multip�e counterparts, each of wh�ch shall be considered an original, but all of which shall canstitute one instrument. [SIGNATURES APPEAR �N FOLLOWING PAGE] Easement Encroachment Agreement - Commercial Page 6 af 12 PN 14-0� ] 45 �tevised � 2/2018 c�y: CITY 4F FORT WORTH $v: `� DJ Hari•ell, Director De�elapment Services Date: 4-2-2021 I,�censee: SJ ROLLING HI LLS DEVELOPMEN'T, L�' a Texas limited partnership B}': S.f RO�,LING HILLS. LLC a Teacas li ' ed liability company its general%r artner � . .. �� : . Steve Hawkins a�t��rEsr: �44bb��� � �ao�oFORro�aa i �� �� � �° o.� _� o iC� o S2 o � Qr �� o � �'� a i� ��000000_ N/ fm^ RU�7 P. �a�z�Ce� orRonald P.Gonzales(Apr6,202113:00 CDT) Mary Kayser, City Secretary City Secretary's Off�ce Title: Manager �ate: ��.�..� � _ �oZ � Approved As 'I-c� Form ai�d Le�ality �'`����i�-�rs� `��;e��- FWBG Sec. 32t0 Matthew A. Murray Assistant City Attarney Contract Co�nplia�ce Manager: By s�gning I acknowled�e that 1 am the person responsible for the monRor�ng and adm�nistration of't�is contract, includin`� ensuring afl performance Tqhie scqrle�°f Mo�qles and reporting requirements. .)anie S. Morales Development Manager L-"asement Encroachment Ageement - Commercial OFFICIAL RECORD PN�4-40I45 CITY SECRETARY FT. WORTH, TX -;:;,;,THIS PAGE FOR CITY OF FORT WORTH OFFICE l 1 SE ONLY*** ST ATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME the undersigned authority, a otary 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. GIVE UNDER MY HA D A D SEAL OF OFFICE this 2nd day of April , 20 21 . Jennifer L Ezernack Digitally signed by Jennifer L Ezernack Date: 2021.04.06 09:13:39 -05'00' otary Public in and for the State of Texas After recording return to: Development Services Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 Easement Encroachment Agreement -Commercial P 19-00145 JENNIFER L. EZERNACK Notary Public STATE OF TEXAS Notary I.D. 130561630 My Comm. Exp. Mar. 1, 2024 Page 8 of 12 Revised 12/2018 STATE OF TEXAS § COUNTY OFT ARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of /ti,45 , on this day personally appeared Steve Hawkins, manager of SJ Rolling Hills, LLC, a Texas limited liability company, the general partner of SJ Rolling Hills Development, LP, a Texas limited partnership 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 SJ Rol ling Hills Development, LP, a limited partnership, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this /1/i tJ day ofYI]� ,2021. C Notary Public in and for the State of IQ � Easement Encroachment Agreement -Commercial PN19-00145 CANDACE VICK Nolary Public, 811111 ofT­ My Commialon &pi,w May 29, 2025 NOTARY ID 210e82� Page 9 of 12 Revised 12/2018 EXHIB IT A Map ofEasement and Encroachment Easemenl Encroachment Agreement - Commerciai Page 10 of 12 PN 14-Q0145 Revised 12/26 ] 8 � � � � � I � I � �� r r f —� � i , 1 � ��=, `� �,� �L��, •�.,-.. � . , _ l ` '- ' • ., r .b . 1 , ...,...f I I I �� 4 — _,.:..., �` � , 1 _ �I l . I I. 1-i�'\ _ - � " / I 9� ��i �� � � � �l i � s i i r , � .� � _ � i � ... ,. ,. , � � � �. � � � \ � �� ---. + � ,; ., � ` — — 1 \........ ' � SEE�xnIA[i■ '� J 1 -wa . ` � _' .. , . � . . � � "' . 2 .\. .. . ' ' � I,-i �S �4vtt i" r/ �l!.. i � I I � I. l �. \ . .. . . � v ' � �� i � �. ., , I J�l '� ,'� � +u. ~ — � � '.���r ; �� ao� cr�ow orr ,�� � . � . . 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Ir � � � i � � / �� � - .��wo \\ \�� \ , % ' ,� ��,�'1 ����� � � r li' �,.c w� * � \ � \ ( � t � 4 , \ �, - � , - /: y I I � �� �;;.� y„ I � � � . J . . /iIfi"7, � . � � Z �-"� ��� � ;� , '� ��� � � � `� � /: �"��� 1 1 ��—�� �� �,�. � ! � C : '� ,� � ' �,.�� - � � y l z� � . ., 4 . r � r' �� ; ii a 7 � � _ C � �� �;� ;, i � i � � — . � � . . i� ' � � � �,��\ " � i , y'�' � � � � . � � _ � ���'�� � � � � � / \\` I .I , � 1 I ! � � �' \ t 1 �, �� 1 �;� \�. ti,�l PE LOTO N �HiTESTpNE CRES7 EASEMENT EXHfB1T � ° g° '° "° �I�i i�MD 1pLyTIOM■ BE'�i1RGOF T% JJnt .'�15 EXHIBIT B Certificate of Insurance Easement Encroachntent Agreement - Commercial Page I 1 oF 12 PN 19-Op l45 Revised 12/2018 EXHIBIT C Metes and Bounds ar Location Description of the ProPerty �.asement Encroachment A�eemeni - Co�ttmercial Page ]2 oi� i2 PNl9-OOiAS Revised 1212018 DESCRIPTION OF A WALL ENCROACHMENT AREA BEING a tract of land situated in the E. Taylor Survey, Abstract Number 1560, City of Benbrook, Tarrant County, Texas, being a portion of the remainder of that tract of land described by deed to SJ Rolling Hills Development, L.P., recorded in Instrument Number D203176403, County Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod, with plastic cap stamped "Carter & Burgess", found at the northwest corner of said remainder tract, being the southwest corner of that tract of land described by deed to Benbrook Water & Sewer Authority, recorded in Instrument Number D 198137822, said County Records, and being in the east line of Lot 31 X, Block 8, Ventana, an addition to the City of Fort Worth, Tarrant County, Texas, recorded in Instrument Number D217078339, said County Records; THENCE N 89°39'47"E, 5.00 feet, with the south line of said Benbrook Water & Sewer tract; THENCE S 00°21'40"E, 1103.17 feet, to the south line of said remainder tract and the north right-of-way line of Trail Ridge Drive (a 50 foot right-of-way); THENCE S 89°39'04"W, 5.00 feet, with said common line, to the southeast corner of said Lot 31 X; THENCE N 00°21'40"W, 1103.17 feet, with the aforementioned east line of said Lot 31X, to the Point of Beginning and containing 5,516 square feet or 0.127 acres of land more or less. "Integral Parts of this Document" 1. Description 2. Exhibit — 2 Pages Peloton Job No. HCH 18004 Ft. Worth January 16, 2020 G:\JOB\HCH18004_Whitestone CrestU�Iaster Dev\_Survey\Easements\Legals\HCH18004_EA3.docx Page 1 of 3 � W � r N � 3 � � m a 0 0 60 120 0 � GRAPHIC SCALE IN FEET o"Integral Parts of this Document" 1. Description 2. Exhibit - 2 Pages Point of Beginning \ \ .\ � � � � I Lot 3/X, Block 8 Ventona � lnst." D2/7078339 C.R.T.CT. � I I 0.127 � � Acres � I o �3 c��� �g (� 00 �• 4 qG3p�4 �o p0� � n T N O N O � � 0 0 � 0 3 a N 0 o� I Benb�ook Woter & Sewer Authority I lnst." D198/37822 C.f7.T.C.T. I �L1 IRF � � � O P,� � O SJ Rolling Hills Development, L.P. (Remoinder> Inst.• D203176403 C.R.T.C.T. � 0 � N O O Z w 0 � �o O O � MATCH LINE 1 Bosis of Bearing is the Texos Coordinate System North Central Zone 4202, NAD 83 IRF = Iron Rod Found MATCH LINE 1 Lot 3/X, 8/ock 8 Ventana lnst.° D2/7078339 C.R.T.C.T. � M O ��G� ��� o � ���G3p6 �o. W � � O SJ Rolling Hills Development, L.P. (Remainder> Inst.• D203176403 C.R.T.C.T. MATCH LINE 2 (SHEET 3) LINE TABLE N0. BEARING DISTANCE L1 N 89° 39'47" E 5.00' � EXHIBIT OF A �'� I� E LOTO N Wall Encroachment Area SITUATED IN THE E. TAYLOR SURVEY, ABSTRACT NUMBER 1560, I I L A N D 50 L U T I O N S CITY OF BENBROOK, TARRANT COUNTY, TEXAS. 9800 HILLWOOD PARKWAY, SUITE 250 �OB # HCH18004 DRAWN BY: TBR CHECKED BY: TAB DATE: 01-16-20 PAGE # 2 of 3 FORT WORTH, TEXAS 76177 PH.# 817-5623350 �\JOB\HCH18004_Whitestone Crest\Master Dev\_Survev\Eosements\HCH18004 FA3 nn� n_._..�. ..._.____ _._ __ _ � � � r � �, 3 � � m n 0 0 60 120 a � GRAPHIC SCALE IN FEET o"Integral Parts of this Document" 1. Description 2. Exhibit - 2 Pages � 0 � N 0 N O � N 0 0 � r 0 a � 0 � o' � s � Basis of Bearing is the Texos Coordinote System North Centrol Zone 4202, NAD 83 IRF = Iron Rod Found MATCH LINE 2 (SHEET 2) I I � � � � � � 0.127 � iAcres � � I � � LINE TABLE � � N0. BEARING DISTANCE � o L2 S 89° 39'04" W 5.00' � � "Preliminary, this document shall not be recorded for ony purpose and shalinot be used or viewed or relied upon os a finol survey document" 22 TAC 663.18C Todd A. Bridges, RPLS 4940 Date� 1/16/2020 I I I I Lot 3/X, Block 8 � Ventana lnst.* 02/7078339 I C.R.T.C.T. � � � � */=200'to .�------ — � Annie Creek Rd. � � 0 L2 SJ Rolling Hills Development, L.P. (Remainder) Inst.• D203176403 C.R.T.C.T. ��C�d ��po �• � 4ap� �o �� pa� Trail Ridge Drive �50' Right-of-Wayl EXHIBIT OF A ^ P E LOTO N SITUATED IN IIIII LAND SOLUTIONS CITY 9800 HILLWOOD PARKWAY, SUITE 250 FORT WORTH. TEXAS 76177 PH # R'17_SR93350 JOB # HCH 18004 Wall Encroachment Area THE E. TAYLOR SURVEY, ABSTRACT NUMBER 1560, OF BENBROOK, TARRANT COUNTY, TEXAS. DRAWN BY: TBR CHECKED BY: TAB DATE: 01-16-20 PAGE # 3 of 3 DESCRIPTION OF A WALL ENCROACHMENT AREA BEING a tract of land situated in the E. Taylor Survey, Abstract Number 1560, City of Benbrook, Tarrant County, Texas, being a portion of the remainder of that tract of land described by deed to SJ Rolling Hills Development, L.P., recorded in Instrument Number D203176403, County Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod, with plastic cap stamped "Peloton", found at the northwest corner of said remainder tract, being the northeast corner of Lot 1 X, Block 13, Ventana, an addition to the City of Fort Worth, Tarrant County, Texas, recorded in Instrument Number D218280750, said County Records, and being in the south right-of-way line of Trail Ridge Drive (a 50 foot right-of-way); THENCE N 89°39'04"E, 5.00 feet, with said south right-of-way line and the north line of said remainder tract; THENCE S 00°21'40"E, 773.69 feet, departing said common line; THENCE S 89°38' 16"W, 5.00 feet, to the northeast terminus of Hanks Creek Road (a 50 foot right-of-way) and the southeast corner of said Lot 1X, and being in the west line of said remainder tract; THENCE N 00°21'40"W, 773.69 feet, with said west line and the east line of said Lot 1X, to the Point of Beginning and containing 3,868 square feet or 0.089 acres of land more or less. "Integral Parts of this Document" 1. Description 2. Exhibit Peloton Job No. HCH18004 Ft. Worth January 16, 2020 G:\JOB\HCH 18004_Whitestone Crest\Master Dev\_Survey\Easements\Legals\HCH 18004_EA4.docx Page ] of 2 � � �, 3 � � m O 0 0 60 120 0 � GRAPHIC SCALE IN FEET o"Integral Ports of this Document" 1. Description 2. Exhibit Trail Ridge Drive (50' Rlght-of-Way) �i- 200� to i� � Annie Creek Rd. , N89° 39'04"E _ 5.00_ _ _ Point of ' Beginning � c� � � � 0.089 Acres Lot lX, Block l3 Ventono w lnst." D2/8280750 0 C.R.T.C.T. � � d ��{ � N ��a G� ° �• 4 4�p� c�° �� o 0 pa� o z � 0 0 < 0 = MATCH LINE SJ Rolling Hills Development, L.P. (Remoinder) Inst.• D203176403 C.R.T.C.T. 0 N 0 v o"Preliminary, this document shall not be ° recorded for any purpose and shallnot � be used or viewed or relied upon as a N final survey document" 22 TAC 663.18C ° Todd A. Bridges, RPLS 4940 ° Date 1/16/2020 � � EXHIBIT OF A Wall Encroachment Area SITUATED IN THE E. TAYLOR SURVEY, ABSTRACT NUMBER 1560, CITY OF BENBROOK, TARRANT COUNTY, TEXAS. JOB # HCH18004 DRAWN BY: TBR CHECKED BY: TAB DATE: 01-16-20 PAGE # 2 of 2 ^ P E LOTO N I'III �p`ND SOLUTIONS 9800 HILLWOOD PARKWAY, SUITE 250 � c� r�i n � Basis of Beoring is the Texos Coordinate System North Centrol Zone 4202, NAD 83 IRF = Iron Rod Found MATCH LINE � cfl � � n Lot lX. Block /3 Ventana lnst." 02/8280750 C.R.T.C.T. �--- — — Hanks Creek Road� (50' Right-of-WayJ � � _ — — — — — — � � � � C4b�� � ����o 0 � • 4 5j �c °��'� pa�i SJ Rolling Hills Development, L.P. (Remainder) Inst." D203176403 C.R.T.C.T. S89° 38'16"W — 5.00' Lot lX, Block l7 Ventona lnst." 02I8280750 C.R.T.C.T.