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Home My WebLink About(0087) P 29_VSB Investments LLC.pdfLake Arlington Lift Station and Force Main City Project No. 100995 Parcel No. 29 4851 E. LOOP 810 S., FORT WORTH, TEXAS 76119 JAMES W. DANIEL SURVEY Abstract 395 Tract 7 STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT § CITY OF FORT WORTH PERMANENT VARIABLE WIDTH SEWER EASEMENT DATE: March 6, 2020 GRANTOR: VSB INVESTMENTS, LLC GRANTOR'S MAILING ADDRESS (Including County); 701 ABERDEEN WAY SOUTHLAKE, TARRANT COUNTY, TX 76092 GRANTEE: CITY OF FORT WORTH GRANTEE'S MAILING ADDRESS (Including County); 200 TEXAS STREET FORT WORTH, TARRANT COUNTY, TX 76102 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: Being more particularly described in the attached Exhibits "A" and "B". Grantor, for the consideration paid to Grantor and other good and valuable consideration, hereby grants, sells, and conveys to Grantee, its successors and assigns, an exclusive, perpetual easement for the construction, operation, maintenance, replacement, upgrade, and repair of a Permanent Sewer Line Facility, hereafter referred to as "Facility". The Facility includes all incidental underground and aboveground attachments, equipment and appurtenances, including, but not limited to manholes, manhole vents, lateral line connections, pipelines, junction boxes in, upon, under and across a portion of the Property and more fully described in Exhibit "A" attached hereto and incorporated herein for all pertinent purposes, together with the right and privilege at any and all times to enter Property, or any part thereof, for the purpose of constructing, operating, maintaining, replacing, upgrading, and repairing said Facility. PERMANENT VARIABLE WIDTH SEWER EASEMENT Rev. 1 /9/ 18 FORT V4b RTf 1 Grantee, at its sole discretion, shall be able to install and maintain a gate within the Easement. In no event shall Grantor (1) use the Property in any manner which interferes in any material way or is inconsistent with the rights granted hereunder, or (11) erect or permit to be erected within the easement property a permanent structure or building, including, but not limited to, monument sign, pole sign, billboard, brick or masonry fences or walls or other structures that require a building permit. However, Grantor shall be permitted to install and maintain a concrete, asphalt or gravel driveway, road or parking lot across the Easement Property. Grantee shall be obligated to restore the surface of the Property at Grantee's sole cost and expense, including the restoration of any sidewalks, driveways, or similar surface improvements located upon or adjacent to the Easement Tract which may have been removed, relocated, altered, damaged, or destroyed as a result of the Grantee's use of the easement granted hereunder. Provided, however, that Grantee shall not be obligated to restore or replace irrigation systems or other improvements installed in violation of the provisions and intended use of this Easement. Subchapter E of the Texas Property Code, as amended, the owner or the owner's heirs, successors, or assigns may be entitled before the 10th anniversary of the date of this acquisition to repurchase or request certain information about the use and any actual progress made toward the use for which the property was acquired through eminent domain, and the repurchase price will be the price the city pays you in this acquisition. TO HAVE AND TO HOLD the above -described easement, together with all and singular the rights and appurtenances thereto in anyway belonging unto Grantee, and Grantee's successors and assigns forever; and Grantor does hereby bind itself and its successor and assigns to warrant and forever defend all and singular the easement unto Grantee, its successor and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. When the context requires, singular nouns and pronouns include the plural. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] PERMANENT VARIABLE WIDTH SEWER EASEMENT Rev. 1 /9/ 18 FORT, OATH . GRANTOR: THE STATE OF TEXAS § COUNTY OF TARRANT § GRANTEE: City of Fort Worth By (Signature): (Print Name) , Title APPROVED AS TO FORM AND LEGALITY (Signature) (Print Name)__________________, Title___________ ACKNOWLEDGMENT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared , known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of and that he/she executed the same as the act of said the purposes purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20 Notary Public in and for the State of Texas PERMANENT VARIABLE WIDTH SEWER EASEMENT Rev. 1 /9/ 18 FORT IVORT11 ACKNOWLEDGEMENT 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 ---------------------------- _--------- of the City of Fort Worth, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that he/she executed the same as the act of the City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ----------------------20---• ------------------------------------- Notary Public in and for the State of Texas PERMANENT VARIABLE WIDTH SEWER EASEMENT Rev. 1 /9/ 18 FORT, OATH . EXHIBIT A LEGAL DESCRIPTION PERMANENT VARIABLE WIDTH SEWER EASEMENT Being a part of the James W. Daniel Survey, Abstract No. 395, situated in the City of Fort Worth, Tarrant County, Texas, and being a portion of the tract described in the deed to VSB Investments, LLC, recorded in Instrument Number D215155398 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.) and being more particularly described as follows: COMMENCING at an iron rod found with plastic cap stamped "RPLS 5433" for the northeast corner of the tract described in the deed to Oak Creek Housing Properties, LP, recorded in Instrument Number D207364066 of the said Deed Records and the southeast corner of Lot 1 Block 1 Cavco Addition as it appears upon the map recorded in Volume 388-171, Page 10 of the Plat Records of Tarrant County, Texas (P.R.T.C.T.) in the west line of said VSB tract, from which '/2" iron found for the southeast corner of said Oak Creek tract and the northeast corner of the tract described in the deed to YES Companies EXP2 Key, LLC recorded in Instrument Number D216186342 of the said Deed Records, bears S 01'11'41" E, a distance of 482.55 feet. THENCE S 01011'41" E, along the common line of said Oak Creek tract and said VSB tract, a distance of 95.94 feet to a 5/8" iron rod set with plastic cap stamped "DEOTTE RPLS 4673" in the southwesterly line of the 15 feet wide Sanitary Sewer Easement described in Instrument Number D162047769 of the said Deed Records and for the POINT OF BEGINNING. THENCE S 20040'07" E, along said southwesterly line of said easement, a distance of 724.78 feet to a 5/8" iron rod set with plastic cap stamped "DEOTTE RPLS 4673" in the northwesterly line of a 30 feet wide Sanitary Sewer Easement described in Instrument Number D187394841 of the said Deed Records. THENCE S 56000'41" W, along said northwesterly line of said easement, a distance of 76.13 feet to a 5/8" iron rod set with plastic cap stamped "DEOTTE RPLS 4673". THENCE S 51015'37" W, a distance of 96.18 feet to a 5/8" iron rod set with plastic cap stamped "DEOTTE RPLS 4673" in the southwesterly line of a said easement. THENCE N 89025'37" E, along said southwesterly line of said easement, a distance of 40.02 feet to a 5/8" iron rod set with plastic cap stamped "DEOTTE RPLS 4673" and being the most southeasterly corner of said easement. THENCE S 56000'41" W, a distance of 34.01 feet to a 5/8" iron rod set with plastic cap stamped "DEOTTE RPLS 4673" in the south of said VSB tract and the north line of the tract described in the deed to YES Companies EXP2 Key, LLC, recorded in instrument Number D216186318 of the said Deed Records. THENCE S 88020'25" W, along the common line of said VSB tract and said YES tract, a distance of 69.51 feet to a 5/8" iron rod set with plastic cap stamped "DEOTTE RPLS 4673". THENCE N 51 °15'37" E, a distance of 194.89 feet to a 5/8" iron rod set with plastic cap stamped "DEOTTE RPLS 4673". THENCE N 06015'37" E, a distance of 47.40 feet to a 5/8" iron rod set with plastic cap stamped "DEOTTE RPLS 4673". Page 1 of 4 THENCE N 20040'07" W, a distance of 611.82 feet to a 5/8" iron rod set with plastic cap stamped "DEOTTE RPLS 4673" in the said common line of VSB tract and said Oak Creek tract. THENCE N 01011'41" W, along said common line, a distance of 59.99 feet to the POINT OF BEGINNING containing 19,228 square feet or 0.441 acres more or less of which 2,304 square feet or 0.053 acres lies within existing easement, leaving 16,924 square feet or 0.388 acres more or less exclusive of said existing easement. NOTES: 1) All bearings and coordinates are in US survey feet surface using a scale factor of 1.000137001 and referenced to the Texas Coordinate System, Nad-83, The North Central Zone 4202. 2) Exhibit B of same date accompanies this legal description. Date: J1612020 James E. DeOtte Registered Professional Land Surveyor No. 4673 James DeOtte Engineering, Inc. TBPLS Firm No. 10101400 2201 Dottie Lynn Parkway, Suite 119 Fort Worth, Texas 76120 (817) 446 — 6877 Page 2 of 4 1% 1 EXHIBIT B VICINITY MAP 7 w J Lj W q �J PAGE 3 OF 4 N.T.S. = 3 = J Ca 3 LD Q Li Q� = Z pq WILKE z Gt�y w w WILBA GER WHITTL SEY G Zy t WILBAR ER WORTH Vlllago� Creek �I Park RI BE FORT 1N oN PR w GN�F4- w SHUR � a U MARTIN PROJECT owm n FOX S LOCATION prin u z Par J Q W O W �"k. PARKSIDELFER SADDLE ��P��P� JOHNS Y w Q BOWMA z BR LAKE ¢ Y T EAD w v S AGVAR ~ d a z o es � PLEAS DAVID STRICKLAND DAVID STRICKLAND o Qz 13 3 VESTA EARL Y z Q u = VESTA EAR EY BIG BEAR w W 0 CH y CASTER a z o LASTER SUN VALLE -VALLEY L A z KALT NBRUN Fa SPRINGFIELD z w KALTENBRU NOTES: BEARINGS ARE REFERENCED TO TWO IRON RODS FOUND MARKED AS CONTROLLING MONUMENTS. ALL DISTANCE AND AREAS SHOWN ARE SURFACE. LEGAL DESCRIPTION OF SAME DATE ACCOMPANIES THIS PLAT. 518" CAPPED IRON RODS STAMPED 'DEOTTE RPLS 4673" WILL BE SET AT CORNERS OF THE ACCESS EASEMENT LEGEND: PROPERTY BOUNDARY — — EX. EASEMENT PROP. EASEMENT CAPPED IRON ROD SET C/RS IRON ROD FOUND /RF DEED RECORDS TARRANT COUNTY TEXAS D. R. T. C. T. PLAT RECORDS TARRANT COUNTY TEXAS P. R. T. C. T. FORT WORTH PARCELBIOFSHOWPROPERTY SITUATED IN THE JAMES W DAN/EL SURVEY TARRANT COUNT TEXAS AS RECORDED IN City of Fort Worth iNST. D215155398 200 TEXAS STREET DEED RECORDS OF TARRANT COUNTY TEXAS FORT WORTH, TX. 76102 PROJECT.- LAKE ARLINGTON LIFT STATION AND FORCE MAIN CITY PROJECT No. 100995 PERMANENT VARIABLE WIDTH SEWER EASEMENT I PARCEL No. 29 LAND ACQUISITION AREA: 19,228 SQ FT OR 0.441 AC JDEI JOB No. 201704200 DRAWN BY.- PWY PAGE 3 OF 4 JAMES DeOTTE ENGINEERING, INC. • 2201 DOTTIE LYNN PKWY., SUITE 119 FORT WORTH, TBPE FIRM Reg. No. 8917 • TBLS Firm Reg. No. 101014-00 •e- �oQaO ST a� oa o..................oaoaao JAMES E. DeOTTE —6 .......0.0.0—...... oaoa 4673 Po FES =oo \�� a S R `� U � Date: J1612020 76120 • 817-446-6877 OAK CREEK HOUSING CORPORATION I EXHIBIT B 2450 S SHORE BLVD STE 300 LEAGUE CITY, TX 77573 SITE. • 4805 E. LOOP 820 S. PAGE 4 OF 4 FORT WORTH, TEXAS 76119 30' SANITARY SEWER EASEMEN � �� \ LOT 1, BLOCK 1 D182024495 I CAVCO ADDITION D.R.T.C.T. P. O C (C.M.) VOLUME 388-171, PAGE 10 P. R. T. C. T _ _ — — MIFF YELLOW RPLS 5433 15' SANITARY SEWER EASEMENT S 1 ' 1 1 '41 'E' D 162047768 95 94 . D.R.T.C.T P.O.B. 518" CIRS OAK CRK HOUSING PROPERTIES LP 2450 S SHORE BLVD STE 300 LEAGUE CITY, TX 77573 SITE: 4851 E. LOOP 820 S. FORT WORTH, TEXAS 76119 D207364066 D.R.T.C.T. N1'11'41 "W' _ 59.99' 5/8" CIRS S1'11'41'E' 482.55' LINE FOR — DIRECTIONAL CONTROL 30' SANITARY SEWER EASEMENT 1' D182516790 D.R.T.C.T N20'40'07"W' YES COMPANIES EXP2 KEY LLC 61 1.82' 1900 16TH ST STE 950 PROPOSED DENVER, CO 80202 D216186342 TEMPORARY D.R.T.C.T. CONSTRUCTION EASEMENT APPROXIMATE AREA OF OVERLAP N6' 15IJ7'E' 561 SQ FT OF EXISTING 47.40' JO' SANITARY SEWER EASEMENT D 182516790 N51 ' 15'37 "E' D. R. T. C. T. 194.89' APPROXIMATE AREA OF OVERLAP 1,74J SQ FT OF EXISTING JO' SANITARY SEWER EASEMENT \ D182516790 30' SANITARY D. R. T. C. T. SEWER EASEMENT D187394841 D. R. T C. T S20'40'07"E' 724.78' VSB INVESTMENTS LLC 701 ABERDEEN WAY KE, TXSATE 485L1 E. LOOP609820 S. V \ ITT WORTH, TRACT 1AS 7611 9 )1/2 IRF � \ D215155398 (C. M., D.R.T.C.T. MARTIN ST 5 8" C IGHT—OF—WAY) 518" CIRS — -- YES COMPANIES EXP2 KEY LLC 1/1900 16TH ST STE 950 S88 2O 25 "W' / DENVER, CO 80202 69.5 1' TRACT 1 D216186318, D. R. T C. LEGEND: �518 15' SANITARY \ SEWER EASEMENT D162047769 D.R.T.C.T. PERMANENT VARIABLE WIDTH SEWER EASEMENT CONTAINING 19,228 SQ. FT 0.441 AC. S56'00'41 "W' JCIRS�\�\ 76.13' I " CIRSU S51'15'37"W' 96.18' N89'2531 'E' 518" CIRS 40.02' S56'00'41 "W' I I c:, YES COMPANIES I 34.01 ' EXP2 KEY LLC 1900 16TH ST STE 950 I I DENVER, CO 80202 I TRACT 2 I D216186318, D. R. T. C. T. PROPERTY BOUNDARY — — EX. EASEMENT — — — — — — 0 200 400 PROP. EASEMENT CAPPED IRON ROD SET CIRS IRON ROD FOUND IRF GRAPHIC SCALE IN FEET DEED RECORDS TARRANT COUNTY TEXAS D.R.T.C.T. PLAT RECORDS TARRANT COUNTY TEXAS P. R. T. C. T. FORTWORTH DAMES City of Fort Worth 200 TEXAS STREET FORT WORTH, TX. 76102 EXHIBIT B SHOWING A PARCEL OF PROPERTY SITUATED IN THE W DANIEL SURVEY TARRANT TEXAS AS RECORDED IN INST. D215155398 DEED RECORDS OF TARRANT COUNTY TEXAS PROJECT.- LAKE ARLINGTON LIFT STATION AND FORCE MAIN I CITY PROJECT No. 100995 PERMANENT VARIABLE WIDTH SEWER EASEMENT I PARCEL No. 29 Of T� ST — 0 0. 0 .......................JAMES E. DeOTTE ....... 0.0.0—...... oaoa oo.4673 Po \�FEs S�O;='�Q \�lo S U�y� LAND ACQUISITION AREA: 19,228 SQ FT OR 0.441 AC JDEI JOB No. 201704200 DRAWN BY.- PWY PAGE 4 OF 4 Date: J1612020 JAMES DeOTTE ENGINEERING, INC. • 2201 DOTTIE LYNN PKWY., SUITE 119 FORT WORTH, TX. 76120 • 817-446-6877 TBPE FIRM Reg. No. 8917 • TBLS Firm Reg. No. 101014-00