HomeMy WebLinkAboutContract 56596 Date Received:Nov 5,2021 Permit No.: PN21-00144
Time Received: 2:13 pm Contract No.: 56596
AMENDED AND RESTATED EASEMENT ENCROACHMENT
LICENSE AGREEMENT
Commercial
THIS AGREEMENT(this"Agreement")is made and entered into as of the latest
date of execution as set forth on the signature page attached hereto (the "A&R Effective
Date") by and between THE CITY OF FORT WORTH, a home rule municipal
corporation of Tarrant County, Texas (`City"), acting by and through its duly authorized
City Manager, Assistant City Manager, or Development Services Director, and HRUS
Alliance LLC, a Delaware limited liability company ("HRUS") and HRUS Alliance
Phase II LLC, a Delaware limited liability company (`HRUS Phase II"); each of HRUS
and HRUS Phase II, a"Licensee"; each Licensee and the City, collectively,the"Parties"),
each acting by and through its duly authorized representative.
RECITALS
WHEREAS, the City and HRUS entered into that certain Easement Encroachment
License Agreement dated October 4, 2019 (City Secretary Contract No. 52886) recorded
in the Official Records of Denton County, Texas on June 8, 2020, as Instrument No. 77548
(the "Original Easement Encroachment License Agreement"), pertaining to certain
matters affecting Lot 1 ("Lot V) and Lot 3 ("Lot 3"; each of Lot 1 and Lot 3, a "Lot"),
Block A, FINAL PLAT OF NORTHLINK LOGISTICS CENTER, City of Fort Worth,
Denton County, Texas, according to the Plat thereof recorded under Clerk's File No. 2019-
457, Plat Records, Denton County, Texas;
WHEREAS,HRUS is the current owner of Lot 1 and HRUS Phase II is the current
owner of Lot 3; and
WHEREAS, the City, HRUS and HRUS Phase II are entering into this Amended
and Restated Easement Encroachment License Agreement superseding and replacing the
Original Easement Encroachment License Agreement in all respects; and
WHEREAS, the City has a water and sewer easement (the "Easement") in the
Lots as shown on the map attached to this Agreement as"'Exhibit A,"which is incorporated
herein for all purposes; and
WHEREAS, Licensees desire to construct, place, and/or maintain certain
improvements which will encroach in, on, above, or below the City's Easement in the
locations described on Exhibit C; and
WHEREAS, to accommodate the needs of each Licensee, the City will allow the
encroachment under the terms and conditions as set forth in this Agreement.
NOW, THEREFORE, the City, HRUS and HRUS Phase II agree as follows:
OFFICIAL RECORD
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CITY SECRETARY
FT. WORTH, TX
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 each Licensee to encroach in, on, above, or below and occupy
a portion of the City's Easement located on such Licensee's Lot as described on Exhibit C
and shown on Exhibit A, but only to the extent shown thereon, for the purpose of
installation of private storm drain lines (the "Encroachment"). Upon completion of
the Encroachment, each Licensee agrees to be responsible for maintaining the
Encroachment within the Easement on its respective Lot. Licensees 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, a Licensee shall submit all plans and specifications to
the applicable Director or duly authorized representative. A Licensee shall not commence
construction of the Encroachment until such approval shall be indicated in writing by the
applicable Director or authorized representative. However, such approval shall not relieve
such Licensee of responsibility and liability for concept, design, and computation in the
preparation of such plans and specifications.
3.
Each Licensee, at no expense to the City, shall make proper provisions for the
relocation and installation of any existing or future utilities affected by such Encroachment,
use, and occupancy, including securing the approval and consent of the appropriate utility
companies and agencies of the State and its political subdivisions. In the event that any
installation, reinstallation, relocation, or repair of any existing or future utility or
improvements owned by or constructed by or on behalf of the public or at public expense
is made more costly by virtue of the construction, maintenance, or existence of the
Encroachment and use, the applicable 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.
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4.
Each Licensee agrees that the City may enter and utilize the Easement 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. The City
shall bear no responsibility or liability for any damage or disruption or other adverse
consequences resulting from the Encroachment installed by either Licensee, but the City
will make reasonable efforts to minimize such damage.
5.
Upon termination of this Agreement, each Licensee shall at the option of and at no
expense to the City, remove the Encroachment located on its respective Lot and restore the
Easement thereon to a condition reasonably 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 each Licensee that if this Agreement terminates and a Licensee fails to remove
the Encroachment from its respective Lot as directed and restore the Easement, such
Licensee hereby gives the City permission to remove such Encroachment and any
supporting structures and assess a lien on the such Licensee's Lot 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 in the sum of Seven
Hundred Dollars (S700.00).
7.
The Initial Term of this Agreement shall be for thirty (30)years, commencing on
the date this Agreement is executed by the City. Upon the expiration of the Initial Term,
the Agreement shall renew automatically under the same terms and conditions for two (2)
additional thirty(30)-year renewal periods unless terminated earlier in accordance with this
Agreement. This Agreement with regard to a particular Lot may only be terminated, after
written notice and opportunity to cure in accordance with this section, upon the applicable
Licensee's noncompliance with any of the following terms of this Agreement:
(i) Failure to maintain the Encroachment within the Easement, pursuant to
Section 1;
(ii) Expansion of the Encroachment or otherwise causing the Encroachment to
further infringe in or on City's Easement beyond what is specifically
described in the exhibit(s) attached hereto, pursuant to Section 1;
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(iii) Failure of construction, maintenance or operation in connection with the
Encroachment, use, and occupancy to 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, pursuant to
Section 2;
(iv) Failure to make proper provisions for the relocation and installation of any
existing or future drainage improvements affected by such Encroachment,
use, and occupancy pursuant to Section 3;
(v) Failure to pay the City for the additional cost of any installation,
reinstallation,relocation, or repair of any existing or future water and sewer
utility improvements owned by or constructed by or on behalf of the public
or at public expense that is made more costly by virtue of the construction,
maintenance, or existence of the Encroachment and use,pursuant to Section
3;
(vi) Failure to allow the City to enter and utilize the Easement at any time for
the purpose of installing,repairing,replacing, or maintaining improvements
to its water and sewer utilities necessary for the health, safety, and welfare
of the public pursuant to Section 4;
(vii) Failure to indemnify the City pursuant to Section 9;
(viii) Failure to furnish City with a Certificate of Insurance naming City as
certificate holder and to keep such insurance in force pursuant to Section
10;
(ix) Failure 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
pursuant to Section 12; or
(x) Failure 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,
pursuant to Section 13.
City shall notify the applicable Licensee in writing of any such noncompliance(the
"First Notice"). Within thirty(30)days after receiving the First Notice, such Licensee shall
provide written notice to City of Licensee's intent to cure any such noncompliance
("Licensee's Response"). If the City does not receive Licensee's Response within forty-
five (45) days after Licensee's receipt of the First Notice, City shall send a second written
notice of such noncompliance to Licensee (the "Second Notice"). This Agreement shall
be deemed terminated with regard to the Lot owned by such Licensee (a) if Licensee does
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not cure such noncompliance within one hundred twenty (120) days after receipt of the
First Notice or within seventy-five days after receipt of the Second Notice (if required
pursuant to this section), whichever is later;or(b)if such noncompliance is not susceptible
to cure within the applicable period, if Licensee does not continence such reasonable steps
as are necessary to remedy the noncompliance within one hundred twenty (120) days after
receipt of the First Notice or within seventy-five days after receipt of the Second Notice(if
required pursuant to this section), whichever is later, and proceed diligently and with
continuity to remedy same.
8.
Any notices, certifications, approvals, or other communications required to be
given by one Party to another under this Agreement (a"Notice") shall be given in writing
addressed to the Party to be notified at the address set forth below and shall be deemed
given: (1)when the Notice is delivered in person to the person to whose attention the Notice
is addressed; (ii) when received if the Notice is deposited in the United States Mail,
certified or registered mail, return receipt requested, postage prepaid; or (iii) when the
Notice is delivered by Federal Express, UPS, or another nationally recognized courier
service with evidence of delivery signed by any person at the delivery address. If any dated
or period provided in this Agreement ends on a Saturday, Sunday, or legal holiday, the
applicable period for calculating notice shall be extended to the first business day following
the Saturday, Sunday, or legal holiday. For the purpose of giving any Notice,the addresses
of the Parties are set forth below. The Parties may change the address set forth below by
sending Notice of such changes to the other Party as provided in this section.
To the City:
City of Fort Worth, Texas
200 Texas Street
Fort Worth, Texas 76102
Attn: City Manager
City of Fort Worth, Texas
200 Texas Street
Fort Worth, Texas 76102
Attn: Water Director
(Notice to Building Official required for notice of cancellation or amendment of
insurance policy under Section 10 only)
City of Fort Worth, Texas
200 Texas Street
Fort Worth, Texas 76102
Attn: Building Official
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To HRUS:
TA Realty
1 Federal Street, 17th Floor
Boston, MA 02110
Attn: Asset Manager—Texas
To HRUS Phase II::
HRUS Alliance LLC Attn:
William Shannon 2200 Ross
Ave. Suite 4200W
Dallas, TX 75201
9.
EACH LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
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 ON ITS RESPECTIVE LOT 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 EACH LICENSEE HEREBY ASSUMES ALL
LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. EACH
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 ON ITS LOT 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, each Licensee agrees to furnish City with a
Certificate of Insurance naming City as certificate holder as proof that it has secured and
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paid for a policy of public liability insurance covering all public risks related to the
proposed use and occupancy of the Easement as located and described in Exhibit A. The
amounts of such insurance shall be not less than
511000,000
with the understanding and agreement by Licensee that such insurance amounts may be
revised upward at City's option in accordance with the City's generally applicable,
commercially reasonable requirements 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. Each Licensee agrees to submit a
similar Certificate of Insurance annually to the City on the anniversary date of the
execution of this Agreement.
Each 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 from its respective Lot and the
cleaning and restoration of the Easement on its respective Lot. All insurance coverage
required herein shall include coverage of all Licensee's contractors and subcontractors.
11.
Licensees agree to deposit with the City when this Agreement is executed a
sufficient sum of money to be used to pay necessary fees to record this Agreement in the
real property records of Denton County, Texas. After being recorded, the original shall be
returned to the City Secretary of the City of Fort Worth.
12.
Each 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.
Each 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.
Each 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 each Licensee shall have exclusive control
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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 each Licensee, its respective
officers, agents, servants, employees, contractors, and subcontractors, and nothing herein
shall be construed as creating a partnership or joint enterprise between City and either
Licensee.
15.
Each Licensee agrees and acknowledges that this Agreement is solely for the
purpose of permitting Licensees to construct,maintain, and locate the Encroachment over,
on or within the Easement on their respective Lot 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. Each 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 a
Licensee, the City shall be entitled to recover interest and reasonable attorneys' fees.
17.
The Parties agree that the duties and obligations contained in Section 5 shall survive
the termination of this Agreement.
18.
(1) Each 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. Foreclosure by
a secured lender of a Licensee or assignment to a secured lender by such 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 such Licensee's rights and obligations hereunder. However, no change of
ownership due to foreclosure or assignment to any secured lender of a Licensee shall be
effective as to City unless and until written notice of such foreclosure or assignment is
provided to City.
(ii) Notwithstanding the foregoing,if a Licensee conveys its Lot, Licensee may
assign all of its rights and obligations under this Agreement to the new owner of such Lot
without being in violation of this Agreement. In such event, Licensee shall provide written
notice of the proposed assignment to the City in accordance with Section 8 of this
agreement and the City shall have thirty (30) days after receiving notice from Licensee to
-8-
approve or object to the assignment. If approved by the City,Licensee, the new owner, and
the City shall execute an Assignment and Consent in substantially the same form attached
hereto as "Exhibit D" (the "Assignment and Consent"). Licensee agrees that it shall fully
cooperate with the City and take all additional actions which may be reasonably necessary
to obtain the execution of the Assignment and Consent within thirty (30) days after City's
receipt of notice from Licensee.
In the event that (1) the City does not object to the assignment to the new owner
within thirty (30) days after receiving notice from Licensee or (ii) the Assignment and
Consent is not executed within thirty (30) days after receiving notice from Licensee,
Licensee shall be deemed released from its rights, duties and obligations hereunder, the
new owner shall be deemed to have accepted Licensee's rights, duties, and obligations
hereunder, and this Agreement shall be deemed assigned with regard to the applicable Lot
only as of the later of(i) the effective date of such assignment between a Licensee and the
new owner of the applicable Lot, and (ii) the effective date of the conveyance of such Lot
to the new owner.
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.
22.
From and after the execution of this Agreement by the City and each Licensee, the
Original Easement Encroachment License Agreement shall have no force and effect and
shall be superseded and replaced in its entirety by this Agreement.
[SIGNATURES APPEAR ON FOLLOWING PAGES]
-9-
City:
CITY OF FORT WORTH
By:n:. �.
D.J. Harrell, Director
Development Services Department
Date: Nov 3,2021
a� OR 4
i00000000�� °PP O����d
�v0
ATTEST: �d�'F 000 �`�� Approved As To Form and Legality
�j�I, �000 0�00 ICY
`t��EXAsa�p
Matthew Murray(Nov 2,202113:03 CDT)
Ronald P. Gonzales Matthew Murray
Acting City Secretary Assistant City Attorney II
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
./
� .r f�eyrting requirements.
Janie S. Morales
Development Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Signature Page
Licensee:
HRUS ALLIANCE LLC, HRUS ALLIANCE PHASE II LLC,
a Delaware limited liability company a Delaware limited liability company
By: HRUS REIT III LLC, By: HRUS REIT IV LLC,
a Delaware limited liability company, a Delaware limited liability company,
its sole member its sole member
By: TA Northlink AB LLC, By: HRUS Interests I LP,
a Delaware limited liability company a Delaware limited partnership,
its Manager its sole member
By: �� By: Hines HRUS GP LLC,
ame: Scott L•Dalrymple a Delaware limited partnership,
ice rest ent its general partner
Title:
Date: September 30, 2021 By:Hines HRUS Associates Limited
Partnership,
a Texas limited partnership,
its sole member
By:Hines Investment Management
Holdings Limited Partnership,
a Texas limited partnership,
its general partner
By:
Palmer Letzerich
Senior Managing Director
Date:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Signature Page
DocuSign Envelope ID:BC998BF6-002B-46A2-8B86-358984833A5A
Licensee:
HRUS ALLIANCE LLC, HRUS ALLIANCE PHASE II LLC,
a Delaware limited liability company a Delaware limited liability company
By: HRUS REIT III LLC, By: HRUS REIT IV LLC,
a Delaware limited liability company, a Delaware limited liability company,
its sole member its sole member
By: TA Northlink AB LLC, By: HRUS Interests I LP,
a Delaware limited liability company a Delaware limited partnership,
its Manager its sole member
By: By: Hines HRUS GP LLC,
Name:
a Delaware limited partnership,
its general partner
Title:
Date: By:Hines HRUS Associates Limited
Partnership,
a Texas limited partnership,
its sole member
By:Hines Investment Management
Holdings Limited Partnership,
a Texas li ited partnership,
its general artner
U"� y•
W. Palmer Letzerich
Senior Managing Director
Date: �� 2
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Signature Page
DoouSign Envelope ID; BC998BF6-0028-46A2-BB86-358984833A5A
STATE OF TEXAS §
COUNTY OF HARRIS §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas , on this day personally appeared W. Palmer Letzerich SMD of HRUS
Alliance Phase H LLC, 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 HRUS Alliance Phase
I1 LLC, a limited liability company, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 30th day of Sept
2021.
* Yo•• MELANIE tioAE
NOTARY PUBLIC
{-•yi ID4 f095ex
N9 of g. State of Texas
Comm,Exp.03.18.2022
Notary Public in and for the
State of Texas
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
COMMONWEALTH OF MASSACHUSETTS §
COUNTY OF SUFFOLK §
On this day of September, 2021, before me, the undersigned notary public, personally
appeared Scs L- �) ,proved to me through satisfactory evidence of identification,
which was ❑photographic identification with signature issued by a federal or state governmental agency,
❑ oath or affirmation of a credible witness, ❑ personal knowledge of the undersigned, to be the person
whose name is signed on the preceding or attached document(s?,and;;=
d to me that he/she signed
it voluntarily for its stated purpose as the �w \4L of TA
NORTHLINK AB LLC, a Delaware limited liability company, as the manager of HRUS REIT III LLC, a
Delaware limited liability company, as the sole member of HRUS ALLIANCE LLC, a Delaware limited
liability company, on behalf of such entity.
(official seal)
Notary ftbO
My Commission Expires:
RIDGELY PROVLEc CAL
Notary
Ft COMMONWEALTH OF MASSACHUSETTS
My Commission Expires On
May t 6,2026 �
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
1MWITMM
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared DJ Harrell, Director , known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he/she 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 3rd day of
November 2021.
,spRYPGe JENNIFER L. EZERNACK
Jennifer L. Digitally signed by Jennifer L. 2®� Notary Public
Ezernack * * STATE OF TEXAS
Ezernack Date:2021.11.03 11:53:20-05'00' 9�oFP Notary I.D. 130561630
My Comm.Exp.Mar. 1,2024
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
CITY SECRETARY
FT. WORTH, TX
EXHIBIT A
Map of Easement and Encroachment
Exhibit A
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PROPOSED SEWER LPE i ; , 11 v
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PROPOSED rwo-wAY a_EANarr 1
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STORM DRAIN INLET/STOW DRAIN
PAGE 1 OF 15 E:\I0822 — Hines FM 156\Plans\norlhl1nk logistics cenler—encroochmenl.pro 17 Sep 2019
LINE TABLE s�'5s 7" i{ 1 I Q 100
LINE# BEARING DISTANCE I SCALE IN FEET
PROPOSED LOT LINE
L 1 S89030'27E 52.82
L2 N0000700"E 15.00
L3 N90a00'00"E 60.00 I I CALLED 56.821 ACRES
CN I i I HRUS ALLIANCE LLC
L4 S00000'00"E 15.00 m I I INST. NO.2019-2080
L5 N90°00'00"W 60.00 a I I ❑.R.D.C.l
0
n 1 I
Q
Z
EIVCROACHMEIV'T'
CALLED 53.773:4CRES 1 , AGRF.ENIE,�VTNO. 1
TX DOT BRA5S HRUSALLIANCELLC 1 L3 900.SQ_ �-7 / Q.021:1C:
MON,FOUND INST. NO. 2019-2244 l
D.IP.D.C.F. �:;'Ll"" L5 L4 PROPOSED 60'WATER&
Q I L SEWER EASEMENT
N�8.42,59„
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REMAINDER OF CALLED 73,382 ACRES CALLED 12.368 ACRES
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WILLIAM SAMPLE SURVEY SURVEY, ABSTRACT NO. 1207 �
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0
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OR,2406 Mustang Oriva.Graperlrie.Trsas 76053 �Q511RV
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w �
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J INST. NO, 2019-2080
L5 N90000'00"W :EOE)�
z C _ D.R.D.C.T
TXDOT BRASS CALLED 53.173 ACRES
m..0N.FOUNC HRUS ALLIANCE LLC I PROPOSED 60'WATER &
INST. NO.2079-2244 I SEWER EASEMENT
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78042 59"IN 5Qdtl 1
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g l ! PROPOSED LOT LINE
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ti
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1
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REMAINDER OF CALLED 73.382 ACRES CALLED 12.368 ACRES r
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BEARINGS ARE REFERENCED TO 6
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SYSTEM,NORTH CENTRAL ZONE x
Ld
EXHIBIT"A" MAP SHOWING DATUM
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DATi1M OF 1983 AS DERIVED
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W
SITUATED IN A PORTION OF THE W
WILLIAM SAMPLE SURVEY SURVEY, ABSTRACT NO. 1207
CITY OF FORT WORTH, DENTON COUNTY, TEXAS E
� �rY Y Ll�l a Job No.: 10822 Scale: 1"=100' Sheet °j.�G' �9s„ b
4 RS14ALL ? Drafted: D.M.D. Checked: J.N.R. JOHN N.ROGERS
. .0..6372 a'
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ES S1p -4 cv
2405 Mustang Orive,Grapevine.Texas 76051 Date Prepared: 71212019 4HD SURVfc'(D
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z I
SCALE IN FEET
CALLED 53.773 ACRES — J
HRUS ALLIANCE LLC
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TXDOT BRASS D.R.D.C.7: PROPOSED 60'WATER&
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SITUATED IN A PORTION OF THE
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WILLIAM SAMPLE SURVEY SURVEY, ABSTRACT NO. 1207
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0
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GOOD T''Y I `In��rT�rx a ..... ..
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2405 Mustang Drive,Grapevine,Texas 76051 9ya SURV
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!BPE FEC315TRRII�N/r�pgM G W
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5J$
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L2 I L3 2-1?i 5Q FI: 0-00 .kc
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POINT of
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LINE TABLE I
LINE # BEARING DISTANCE CALLED 56.$21 ACRES
"' J I
Li 589030'27"E 49.23 �� —_ HRUS ALLIANCE LLC
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TXDOT BRASS D.R.D.C,T. +
MON.FOUND 1 PROPOSED 60'WATER&
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1
r �
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EXHIBIT"A" MAP SHOWING DATUM
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L7Aif1M❑F 1983 A5 DERIVED
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SITUATED IN A PORTION OF THE
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WILLIAM SAMPLE SURVEY SURVEY, ABSTRACT NO. 1207 �
CITY OF FORT WORTH, DENTON COUNTY,TEXAS
OODWI T Job No.. 10822 Scale: 1 =1QQ' Sheet °q •• a
_r1 R5 I A L L ? Drafted: D.M.D. Checked. J.N.R. � J�FiN N.ROGERS
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of �SSI
O"L
Date Pre
2405 Mustang❑rive,Grapevine,Tem"76057 SURV� a
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L5 I AGREEAIAIENT NO. 5
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D.R.D.C.T.
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BEARINGS ARE REFERENCED TO Q
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SYSTEM,NORTH CENTRAL ZONE �
EXHIBIT"A" MAP SHOWING DATUM
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DATUM OF 1983 A5 DERIVED
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W
SITUATED IN A PORTION OF THE
W
WILLIAM SAMPLE SURVEY SURVEY, ABSTRACT NO. 1207
CITY OF FORT WORTH, DENTON COUNTY,TEXAS E
GOODWIMJob No.: 10822 Scale: 1"=100' Sheet y �� RF qs
A R HALL ? Drafted: D.M.D. Checked: J.N.R. JOHN N.RO�eRS u-
6372
CIVIL ENGINEERS--PLANNERS--SURVEYORS Surveyed on the Ground: 10/22/2018
. 9
of �ss!Q o N
2405 Mustang Drive,Grapevine,Tovas 76"1 Date prepared: 7/2/2019 4y4 g��vE� o
Rai 7y a2s-as73
TBPF RFG1S AAr1QN■F-2-
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w e GOOD INI SEWER �.
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PAGE 6 OF 15 E 10822 - Nlnes FIM 156\Plans\northlJnk logistics center-encroachment.pro 17 Sep 2019
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Sib,C.1.R F. 1 1
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i J
LINE TABLE I ° 104
J
LINE# BEARING DISTANCE + scare IN FEET
Ll S89030'27E 32.51
�FROPOSED LOT LINE
L2 N00000'00"E 3.75
L3 N90000'00"E 75.00 — J CALLED 56.821 ACRES
HRLISALLIANCELLC
L4 S00000'00"E 3.7.5 INST NO,.207 9-2080
L5 N90a00'00"W 75.00 I +
i I
J
CALLED 53.173 ACRESIc1 I Y
HRLIS ALLIANCFLLC �`T.,
IIPI" �L {];
INST. NO,2079 w27d4 I I Zvi ��',. O. 1.L�
D7 R,D.C.r. I I LL`I V T
POINT OF
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COMMENCING — J I PRQPOSE SEWERo ASEMENTR
518"C.I.R.F."DUNAWAY" [ _
FRO MWHICH A TXDOT
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MQM.FOUND BEARS N 76a38'0I"W- 1.58' I n
<
iLU
~ a¢259'by Sp� _ w
JI 1
BEARINGS ARE REFERENCED TO 'a
TEXAS STATE PLANE COORDINATE 2
1 SYSTEM,NORTH CENTRAL ZONE i
14202).NORTH AMERICAN w
EXHIBIT"A"MAP SHOWING ` _ DATUM OF 1993 AS DERIVED
ENCROACHMENT AGREEMENT NO. 6, FROM GPS OBSERVATION. w
SITUATED IN A PORTION OF THE
va
WILLIAM SAMPLE SURVEY SURVEY, ABSTRACT NO, 1207
CITY OF FORT WORTH, DENTON COUNTY, TEXAS
PEE•• Et 4
OOD z Job No.: 10822 Scale: 1"=i00' Sheet ........ R°p...
�1R5�IALL = Drafted: D.M.D. Checked: J.N.R. �OHN N.ROGERS
6372
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2405 Mustang Drive,Grapevine,Texa9 7Sff51 Date Prepared: 712/2019 suRv�� 8
(917)M-4373 —_
TBPH
Revised- Revised: Date Signed: 71=019 w
NORTHLINK
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PAGE 7 OF 15 E:\10822 — Hines FM 156\P1ans\norlh11nk logistics center—encroachment.pro 17 Sep 2019
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LINE TABLE � � I
I
LINE # BEARING DISTANCE I
CALLELl S89030'27 E 45.79 I I I HRUSDAC LANCE C56.821 S
L2 NOOTO'00"E 4.00 I INST.NO.2W 9-2080
L3 N9000GO E 60.00 I I
L4 S0000010011E 4.00 ? I
L5 N9Og00'00"W :1-5
0.00 + PROPOSED 60'WATER&
+ I I SEWER EASEMENT
F.vcxOA cILVIENT
AGR.EF�1b,CENT NO. 7
L5 L4
POINT OF I
BEGINNING I
CALLED 53.173'ACRES 1
HRUSALLIANCELLC - PROPOSED LOT LINE
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D.R.D.C.K { I
0 co f
N
POINT OF z I ! CD
COMMENCING I f 100 W
! z
518"C.I.R.F."DUNAWAY" f SCALE IN FEET
FRO MWHICH A TXD0T + I f BEARINGS ARE REFERENCED TO U
BRASS MON.FOUND I TEXAS STATE PLANE COORDINATE a
BEARS N76038'01"W- 1,58' f SYSTEM,NORTH CENTRAL ZONE 0
(42021.NORTH AMERICAN
EXHIBIT A MAP SHOWING DATUM OF 1983 AS DERIVED
ENCROACHMENT AGREEMENT NO. 7, FROM GPS OBSERVATIOu.
w
SITUATED IN A PORTION OF THE w
WILLIAM SAMPLE SURVEY SURVEY, ABSTRACT NO. 1207
CITY OF FORT WORTH, DENTON COUNTY,TEXAS
Q
GOOD
a Job No,: 10822 Scale: 1"=100` Sheet yST
G,
�l 1{1�R ] A �T Drafted. D.M.D. Checked: J.N.R. JOHN N.RdGERS
CIVIL ENGINEERS-PLANNERS-SURVEYORS Surveyed on the Ground: 10/22/2018 of •{apt 37 peaP'
q ., 551 •04
cv
2405 Mustang Drive,Grapevine,Texas 76051 Date Prepared: 7/2/2019 ya SURV 2
i;817y 3"-4373 21 --
r«E AEGISTFA10N/C-2944 u-i
Revised: Revised: Date Signed: 7/2/2029
NORTH=
LOGHSTHCS CENTER
ENC ROACENEEN g'No.7 Fl I
IN
MM��:
w is — —
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665 665
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LINE TABLE
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LINE # BEARING DISTANCE � I
� CALL EL7.56.521 ACRES
Li S89e30'77"E 22.72 I I I HRUS ALLIANCE LLC
L2 M1100°00'00"E 20.00 I I INSLT NO. 2019-2080
L3 N90500'04"E 8.00
L4 S00°00'00"E 20.00
r
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I I SEWER EASEMEPIT
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POINT OF L5
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Q.R.D.C.r o !
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POINT OF { 3
0 100 4
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BEARINGS ARE REFERENCED TO a
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BEARS N76°38'01"W- 1,58' l l { I SYSTEM,NORTH CENTRAL ZONE
EXHIBIT"A" MAP SHOWING DATU , NORTH 3 AS DERIVED
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ENCROACHMENT AGREEMENT N0. 8, FROM GRS OSSERVArIou.
w
SITUATED IN A PORTION OF THE
WILLIAM SAMPLE SURVEY SURVEY, ABSTRACT NO. 1207
CITY OF FORT WORTH, DENTON COUNTY,TEXAS
0
PSESTF Eq
�' D W III? Jake No.: 10822 Scale. 1'=100' Sheet
6
A RS I A_L "_ Dratted: D.M.D. Checked: J.N.R. �� JGHN N.R(]GERS'
•�a63......72.........
CIVIL ENGINEERS-PLANNERS--SURVEYORS Surveyed on the Ground: 10/22/2018of
2406 Mustang Driva,Grapevine,T"an 75055 pale Prepared: 712120]9 m
{817�524-4313 c
1p9'a I�GI9TRA�16N Y F.25dc � W
TBPLS r+[�,.'!k Revised: Revised: [Date Signed: 71212029
LOGISTICS CENTER
M4CR0AC*RvflW No.8
PREPAM BY:
W E GOODWINI 2' W.L.
eRANIc SCALE 1-.40, aWBaNEErs-KANMM-.crane 10' F.L. I
o ao so saa
I f
20` W.L.E f f
LEGEND
w PRCPCSM WATER L1E j
--5— PROPOSED SEWER UE I
_ _ — a I
ENMACHMEWr
BOMMY
i
HCAMCNTAL arse I-_-40
665 665
IV I
; .3
660 660
� � l
655 655
�utiz
0 F
* *■
�• VI'Ia7LJf7�.7i Gri■r37• � �L
+... ...,. T. .....
9117119 645 i i — 645
PAGE 9 OF 15 Ei\10822 — Hines FM 156\Plan3\norlhilrsk logistics center—encroachment.pro 17 Sep 2019
? ILA L�1I �Cl, IN;PI-L0. 1}[]7
I �
1 I t 1�
LINE TABLE
LAVE # BEARING DISTANCE � I
� CALLED 56.821 ACRES
L l S89°30'27"E 45.27 I NRIJS ALLIANCE LLC
L2 N00000'001 T 2.00 I INST NO.2019-2080
D.R.D.C.T
L3 N90"00'00"E 9.00
L4 S00"00'00"E 12.00
L5 N90000'00"W 9.00 f I I FNCROACH1bIF21 T
'L3 ACR Z1ILNrT N0. 9
L2 I 108 S]. FT. % 0.002 A C
1 L 1 L,4
POINT OF ` L5
BEGINNING
PROPOSED 60'WATER$
SEWER EASEMENT
M
CALLED 53.173 ACMES
LO NRLIS ALLIANCE LLC �' I ��PRQppSED LOT LINE
INST. NO,2019-2244
D.R-D.C,T. o I
a
0
� I
{ II
POINT OF I
COMMENCING I I fl 100
Lu
I �
srs"C.i.R.F."RUNAWAY" I � SCALE IN FEET ZE
FRO MWHICH A TXDOT � I I
BRASS NON. FOUND BEARINGS ARE REFERENCES TO u
S�kTEXAS STATE PLANE COORDINATE Om
BEARS N76°38'01V- 1.58' 1YI I 4 1 SYSTEM,NORTH CENTRAL ZONE z
RICAN
EXHIBIT"A" MAP SHOWING DATUM
,NORTH A+v1 DERIVED
w
pATUruI OF 1983 A5 pERIVE❑
ENCROACHMENT AGREEMENT NO. 9, FROM GPS OBSERVATION. Lu
w
SITUATED IN A PORTION OF THE
w
WILLIAM SAMPLE SURVEY SURVEY, ABSTRACT NO. 1207
CITY OF FORT WORTH, DENTON COUNTY, TEXAS
S� '4-4- o
O.ODI y Jab NO.. 10822 Scale: i'=iQO' Sheet
4
11 TT nn Drafted: D.M.D. Checked: J.N.R. 2 J4HN N.ROGERS
C1R1tlLTTL ? 6372 . m
CIVIL ENGMEERS--PLANNERS--SURVEYORS Surveyed on the Ground: 1 0/22/2018OR-
2405 Mustang Ofte,G rap evkn@,Taxas 76051 Date Prepared: 7/2/2019 VE� p
(817)928-4373 2
rgPik rrt] SQ TRAT ON 4'�-29" S w
r ,�Q Revised: . Revised; I date Signed: 7/2/2019
NORTH=
LOGHSTICS CENIERi
ENCROACHMOfr No.9
FMARM BY:
w GOODVMI 1` R.CIP. 8
s C. —P�ae_ p rn 1p' 11i ET
GRAPHIC SCALE �•-4a ,
24m T. 7
wero(tr+8 sx�-era
U Ao so 120 12' WA, TER _
LJ
12' � R
SEALEGEND
_
PROPOSED WATER LICE I I
----��-- 'PLUM WATER
7 PROPOSED SEWER LINE
W Y
— _ SEEWER T 8 �f
ECRoAcHME3111T 60' PUBLIC A TER i
BOLWARY SEifR—E�SfA ENT 11i
PRCME SiC,"
►iCRanVrA..sCAL-1 -40•KWTr-4L SCALE, !' -4' E
s 70I W E _..._ I !� 670
EX157� C�FlOLA�ia4D C Q Q!
i Lr.1Q i t]Q
� L i �
ss5 , 111.31
ss5
CtNTERLINE OF PIPE
l
sso ssa
ftils�
OF T''its
'* *'•• 655 655
..... .w . ..v - a f 1
,+ ........ 7. ... .....
9117119 650 I 650
PAGE 10 OF 15 Ei\10a22 — Hines FM 156\Plons\northlink logistics center--encroochment.pro 17 Sep 2019
CALLED 53.173 ACRES •lyv�
NRUS ALLIAIVCELLC fi
INST NO. 2019-2244 I 1 I ENCR0ACH11IENT
L2 I I AGREEMENT NO. 10
L i L3 360.5Q.1,I/ 0.008,4C:
L5 L4
POINT OF I
BEGINNING
� I �
I I CALLED 56.821 ACMES
+HRUS ALLIANCE LLC
I INS T NO,201 P-2080
0.R.D,C.T
LINE TABLE
LINE 0 BEARING DISTANCE PROPOSED 60'WATER &
I
- SEWER EASEMENT
L 1 S89°30'27"E 44.08 �., I
'o
01
L2 N00°00'00"E 6.00
L3 N90°00'00"E 60.00 "'I I `PROPOSED LCT LINE
L4 500°00'00"E 6,00 a
L5 N90000'p0"W 6�.Qfi Q I
I
POINT OF I I I
COMMENCING I I ,°° w
5/8"C.I.R.F."DUNAWAY" I SCALE IN FEET
FRO mWHICH A TXDOT I I
BEARINGS ARE RErGRENCEa TO �
BRASS MON. FOUND a
TEXAS STATE PLANE COORDINATE �
BEARS N76o38'01"W- 1.58' SYSTEM,NORTH CENTRAL ZONE U
EXHIBIT"A" MAP SHOWING DATUM
NORTH AIDS DERIVED
aArur'n a><1983 As aERlvEa
ENCROACHMENT AGREEMENT NO. 10, FROM OPS OBSERVATION. �
SITUATED IN A PORTION OF THE
w
WILLIAM SAMPLE SURVEY SURVEY, ABSTRACT NO. 1207
CITY OF FORT WORTH, DENTON COUNTY, TEXAS
E+ o
O QD�'` I T z Jab No.. 10822 Sea(e: 1'-r00' Street y`
4
��R �I A L z Drofled.- D.M.D. Checked: J.N.R. DNH R4GER J N. S
CIVIL ENGINEERS-PLANNERS-SURVEYORS Surveyed an the Ground: 1 0/22120 1 8 of ,
�q '•...• oQ ry
N
2405 Mustang drive,Grapevine,Texas 76051 pate Prepared: 7/2J2019 y4SURV�
1017)329-4373
ll1eks= Revised; Revised: Date Signed: 7/2/2079
NORTELINKLOOS SCENTER
i
Nf i
PRRARO BY: i .... I
W E (GOODVaNS O+�D
SIC SCALE 1'.."
120 12' WATER i i E, 1+00
LIRE
12' SANITAR i42' R.C.P.
LOOP
SEWER j
—•--W PROPO D WATER LW
60' PUBLIC WATER i f
EHCRQACHIENr SEWER EASEMENT f
FFXFXESCALE E 33I Iota ;+�
SCALE P a 40' 1 1 [ I t i iW r.► .�
VVTrJL SCALE+ 11 a 41 l 11
650 1STl ' 650
GEN'TERLM OF PIPE
i j 43 g
3 PROR05E0 GROUND �
665EAIVE - Q�w 665
€ f 1 f ,mil
�i.l�
[ f i C
Et
FP 1'011
! EI.P• WAT
66(� [ i LAVE ! 660
I T
I
.-0 F Tlo+++
....
i............................S.1N�,Al1�R• � ' 1 1 i
;...s..... 7. ...r. .� � I
+++ NAt-�`+'� I
9117119 650 50
PAGE 11 OF 15 E 1\*822 — Hines FIN 155\Plans\nor1hifnk logistics canlar—encroachment.pro U Sep 2Q19
LOT 1, BLOCK 1
NORFHWEST I.S.D.ADD10ON
C 14 0 1L-f'S.10C'f VOL, V, C..1 183
• I1z'C.E.R.F.
3I4"I.P.F. "LA NOES"
S 89.08'17"W 1069,74' :1-1�7f; _ -
L — 988.75' _. r —80.99' 1-1 {17 �,
SLTR� �'
��� 5.t1��'
POINT OF �vl 1 9AC
COMMENCING - AB
CALLED 53.173 ACRES 5/8"CJLR.F."5587" —
HR0S ALLIANCFLLC 3:
INST NO.2019-2244
D.R.D.C.T o
CALLED 56.821 ACRES
f HRUS At,L1ANCE LLC
PROPOSED LOT LINE INST NO. 2019-2080
LINE TABLE
LINE # BEARING DISTANCE I C PROPOSED LOT LINE
L1 589030'27"E 42.13 I
L2 N90000'00"E 9.00 f J
C �
L3 S00000'00"E 17.00
L4 N90r00'04"W 9.00
t5 N00'°00'00"E 17.00 l y PROPOSED 60' WATER&
` SEWER EASEMENT
i
POINT OF
BEGINNING4 o ,aa
PROPOSED LOT LINE
SCALE iN FEEf m
C I 1 L2 ENCROACHilfE2VT
Lw
AGRF,FAIENT NO. 11 z
L5 L3 I l.i'SQ. FT f 0,()0�1:tC:
s
�4 BEARJNGS ARE REFERENCED TO
Q
TEXAS STATE PLANE Cc ORDINATE
SYSTEM,NORTH CENTRAL ZONy z
EXHIBIT"A' MAP SHOWING DATUM
, NORTH AAri DERIVED
aATE1M OF 1ss�A�oER�VE❑
ENCROACHMENT AGREEMENT NO. 11, FROM GPS OBSERVATION.
W
SITUATED IN A PORTION OF THE
LU
WILLIAM SAMPLE SURVEY SURVEY. ABSTRACT NO. I207
CITY OF FORT WORTH, DENTON COUNTY,TEXAS F �,
S
G ���yf T{��'�/+r 4 Jab No.. 10822 Scale: 1"=100' Sheet
O lY D • i IN 4 .. ... ...a..•...
1�I AR5 -TALL Drafted: D.M.D. Checked: J.M.R. . JQHN N.ROGERS.
CIVIL ENGMVERS-PLANNERS-SURVEYORS SorVeyed on the Ground: 10/22/2018 of pQ ESSx-aP•• x
f4
a 2405 Mus tong PiiVe,Gfapewin@.Texas 75U51 Date Prepared: 7/2J2019 SURV _Q
(8171 329.4373 r� -
-°� Revised: Revised: Date Signed: 7lzlao�9
NORTELINK
LOGISTICS CENTER -I �
� I .
SNCROACEMMENf No.I I _I
N !
PAWARED BY- I ' R.C.P. 8:
w E GOODWII I 20'AL47T
8 __ ARCRAiJ_ I
aRAMzC WALE 1•.40• arILe�_rtetawe-aurvffycw N
r
1Yu IM7)�
e 40 90 !2e :
f
12' wiTFR I I
° 12' SANIT R
w PROPaem warIM LK SEWER
—S PROPCOM SEMM L.M
-- - -
so' ATER
SEIN�R E MENr
PAIOFLFSC AL E l�
000�&80"P -40 i I"7P7Xi7lf_qc"f 1' -*, i ! ] �]
6! D 1 € F 1 67
..................
-............_
t
l
E.IST1NG GROUND C � E-
1. CFIViillaF PIPE
PROPOSED GROLM f I y
665 W 665
660 , . 660
U
OF
-A*•, 655 z j 655
.. ... Q
�...s ....s2o57IV
. ....s. ..+ Q�
go
oil
9117119 650 ! 650
PAGE 12 OF 15 E t\10B22 — Hines FM 156\Pions\northlink logistics center—encroachment.pro 17 Sep 2019
?t
L f 1, 6LCC I
NQRTHWES7•I.5,D,ApDIlIOrJ
C 4 1�CL. U. PG. 188
AIR
12"C.I.R.f
31a"I.P.F. LANDES"
N 89008'17"E 1069.7 4' -
988.75' ��•��
POINT GF �� �Crf
COMMENCING _
CALLED 53.1T3 ACRES 518"C_I.R.F."5587"
h1RUS ALLIANCE LL C 3.
INST. NO, 2019-2244 -
D.R.D,C.T
b CALLED 56.821 ACMES
a i HRUS ALLIANCE LLC
PROPOSED LOT LINE " Mr.. NO,2019-2080
D.R.D.C.r
LINE TABLE 1
LIME # BEARING DISTANCE PROPOSED LOT LINE
L t S89°30'27"E 20.25 I
L2 N90°00'00"E 5.00 1
C �
L3 500"00'00"E 10.00
L4 N90c0o'0o••W 5.00 f
L5 N00600'00"E 10.00 PROPOSED 60' WATER&
SEWER EASEMENT
POINT OF
BEGIN 1NGG
0 1oo
L1
PROPOSED LOT LINE
13 SCALD IN FEET
f2VCR0ACHAfEVT �� I —�
AGR�AIENT vO. IF
30 5Q. Fr. f 0,001_AC L4 � z
w
j BEARINGS ARE REFER ENCEO TO
TEXAS STATE PLANE COORDINATE
1 ! I SYSTEM,NORTH CENTRAL LONE
CAN
EXHIBIT„A„ MAP SHOWING DATUM,NORTH AMER ERIV
DAr�lnn OF i 9�3 As DERIVED
ENCROACHMENT AGREEMENT NO. 12, FROM GPS08."•ERVATIOI�, z
w
SITUATED IN A PORTION OF THE
WILLIAM SAMPLE SURVEY SURVEY.ABSTRACT NO. 1207
CITY OF FORT WORTH.DENTON COUNTY, TEXAS E
OODWI Job No.: 10822 Scale: 1"-1�' Sheet .. . °.s..
:�
_ �M A R5 H AL L Grafted: D.M.Q. Checked: J.N.R. � , J.....N.ROGERS
H372
CIVIL ENGINEERS--PLANNERS—SURVEYORS Surveyed on the Ground: 10/22/2018 pF P.
of �ss!0.o�
2405 Mustang Drive.Grapevine,Texas 75051 Dote Prepared: 7/2/2019 MQ SURIJ m
1817}329-Q73
�Pm4m'-c� Revised: 01
Revised: Date Signed: W2129
a .
NORTBLIN
IDGI TICS CENTER
ENCRCACEMENI`No. 12 I
� O
MPAMO RY.
w E GOMWIN3 10, W.6..E. ► cn
srAR.s ;
SRA M41C SCALE 1'+40' C7Yl Suwmvcm —
WOtl t��34iASTs — —
0 40 s0 im
6' F.L.
36' R.G P.
u I N
W. MMPOSM WATER LM
s— PRaPosm
is
SEWO EOCaaA040(r I -
MUMMY cv
FROMESMF ! PROPOSED GR LwD C I I
MwIrAt_W.&E+ 11 s 4' f 1
665 J I I 665
Cs
660 660
4 1
i
655 655
i
i
►��tisi++ S.$
Q F I
w w
.... . * I
f
,u�►MN S.WEAVE
............ 2M7. ... .'� vc
9117119 645 1 ql 1 645
PAGE 13 OF 15 E!\10822 — H#nes FM 156,,ftns\wihllnk Wet Center—encroachment.pro 17 Sep 2019
LOT 1, BLOCK'1 `1�� k`
NORTHWEST I.S.D• ADDITION , -�]X �� 197[)
VOL. U. PG. 188 r N'
P.R.D.C.T. �r
112'C.I.R F.
314"I_P.F- LANo£i
N 89°08'1r'E 1069.74' _ _ _ -r?,�r; -
907
988.75'
�til ���7
POINT OF Nv'IL. , -N, -1 No. 1
COMMENCING ;,-,I AB
CALLEQ 53.173 ACRES 518"C.LR,F."5587" — — —
HRUS ALLIANCE I t C
INST.NO,2019-2244
D.R.D.C.T
CN CALLED 56.827 ACRES
HRUS ALLIANCE LLC
PROPOSED LOT LINE mmC "� INST NO. 2019-2080
D.R.D.C.T.
POINT OF
BEGINNING 1 f
PROP05E[J!OT LfNE
! L2
L 1
C L3
EN0?0ACHhIENT L�4
hGREEAIENTNO, 13
71-SC1.FT , 0.00-9 -�C:
I
LINE TABLE PROPOSED 60'WATER 8
SEWER EASEMENT
LINE# GEARING DISTANCE
L1 589030'27"E 5.51
PROPOSED LOT LINE
L2 N9T00'00"E 7.07 I 0 10 E
W
L3 S45000WE 14.14 f SCALE IN FEET w
L4 N90000'001•W 7.07
U
BEARINGS ARE REFERENCED TO
{{ c
L5 N45000'00"W 14.14 f I TEXAS STATE PLANE COORDINATE 0
1 ! ' SYSTEM,NORTH CENTRAL ZONE z
EXHIBIT"A" MAP SHOWING DATUM
,NORTH AS L)CAN
I�ATl1M OF i9$3 A5 RERlVED
ENCROACHMENT AGREEMENT NO. i3, FROM GPS OBSERVATION,
W
SITUATED IN A PORTION OF THE n
WILLIAM SAMPLE SURVEY SURVEY, ABSTRACT NO. I207
CITY OF FORT WORTH, DENTON COUNTY, TEXAS
G
Job No.: 10822 Scale: 1"=100' Sheet y��' �R 9s b
O�WIN? .. ..... ..°.' .. "
AR5 A L = Drafted: D.M.D, Checked: J.N.R. JOWN N.ROGERS
-a 6372
CIVIL ENGINEERS—PLANNERS—SURVEYORS Surveyed on the Ground. T 0/22/2018 PQo-ESS�Gt'P'
4t
2405 Mu tan$o:w:,Grjmfte.Texas 790b1 pate Prepared 712/2019 S el G
(817)329-4373 2
nrE aEGe MA T.'M 4 r,7 g u
T�L5INO.�1Ttlo Revised: Revised: Date Signed: 7/2/2029 w
NORTELINK
LOGISTICSIT uj
ENCRDACINENT No. 13NIN ,
NW+
PASPAItM BY: I
E
9 MALMAU.9 1 ' W.L.
GRAPHIC SCALE 1'-40' CNLENOP43M--PLAN H - YDFg
_
weo saga !!�_w 1
0 40 so sea —I
10 W.L.E.
LE300 E I
w---- PRCPp6ED WATER LW
— S PRCPO%M SEWER LK
s a 36, R.C.P.BOUND v E
EMMOACHMEWr
A _ 1
FROMESCAL.E �I I
VERTr.a s+rCALEt r•
645 1 I I 645
FAR
1 [ P-05D GRa11V
3 �
E 1 ]
1
I
665 I I I E 665
I
L.
660 i 660
11
�sk�s
�E 0 F T +yi
655 = L 655
•..............................y
JA�SDN 5.WEAVERS
9117119
Hol
PAGE 14 OF 15 E I\10822 — Hines FM 156\Plrnrs\ncrthlink logistics center—encroachment.pr❑ 17 Sep 2019
518"C_I.R, f
LIVE TABLE sssr 0 100
LINE # BEARING DISTANCE I I SCALE IN FEET
PROPOSED LOT LINE
L1 S89030'27"E 29.07
L2 N00000`00"E 10.00
CN CALLED 56.821 ACRES
L3 N90000'00"E 8.50 N
HRUS ALLIANCE LLC
L4 S00000'009E 10.00 Uj I INST NO. 2019-2080
L5 N90°00'00"W 8.50 N I I I D.R.D.C.T.
I
$ L3 1 , I
ENCROACHA[FdVT
L2 L4 AGREEIVfENT NO 14
CALLED 53.173ACRES 1 L5 8.;•�Q. FT. / 0.002AC.
TXDOT BRASS HRUS ALLIANCE LLC I
MON.FOUND INST. NO. 2019-2244
D.R.D.C.T. POINT OF PROPOSED 60'WATER&
` N 78ad259°yy-
BEGINNING SEWER EASEMENT
r �
I 1
3
1
•~ 1
�0. x 516 POINT OF -
3 COMMENCING — —
518"C.I.R.F."DUNAWAY"
FROM WHICH A TXDOT
BRASS MON. FOUND
BEARS N 76038'01"W- 1.58'
St
AL3S'f n
� a
REMAINDER OF CALLED 73.382 ACRES I CALLED 12-368ACRES
JEA NNE SHEL TON SCHW08 BUILDING COMPANY, LTD.
INST. NO. 1 9 99-1 15848 INST NO. 2019-2149 BEARINGS ARE REFERENCE[]TO a
D.R.D.C.T. D.R.D,C.T. TEXAS STATE PLANE COORDINATE a
SYSTEM,NORTH CENTRAL ZONE
EXHIBIT"A" MAP SHOWING DATUM NORTH
983 As DERi E❑
ENCROACHMENT AGREEMENT NO. 14, FROM ORS OBSERVAT1oN,
W
SITUATED IN A PORTION OF THE d
WILLIAM SAMPLE SURVEY SURVEY,ABSTRACT NO. 1207
CITY OF FORT WORTH, DENTON COUNTY, TEXAS
0
Job No.: 10822 Scale: 1"=100' Sheet
G OOD W IN
a ...... —
ARSHALL z Drafted: D.M.D. Checked: J.N.R. _ JOHN6372
N.RaGERs �
CIVIL ENGINEERS-PLANNERS-SURVEYORS Surveyed on the Ground: 10/22/2018 of • ��DFES5I��P'• z
4 0
2405 Mustang OfIve,G.aperfne,Texas 76051 Date Prepared: 9/17/2019 {A'Ub SURV`� o
[e17]329-4373 _
rga'c pecSSiTwnpr:r�:.x.a
T�Ls•= = Revised: Revised: Date Signed: 91a212019
EXHIBIT B
Certificate of Insurance
EXHIBIT C
Metes and Bounds Legal Description of the Encroachment
Exhibit C
}�D T]�I CIVIL ENGINEERS— PLANNERS SURVEYORS
LEGAL DESCRIPTION FOR
ENCROACHMENT AGREEMENT NO. 1
All that certain lot, tract, or parcel of land, situated in a portion of the William Sample
Survey, Abstract No. 1207, Denton County, Texas, being part of that certain called
56-821 acre tract described in ❑ deed to HRUS Alliance LLC recorded in Instrument No.
2019-2080 of the Deed Records of Denton County, Texas (DRDCT), and being more
completely described as follows, to-wit.-
COMMENCING at a 5/8" capped iron rod found stamped "DUNAWAY" for the
Southwest corner of said 56.821 acre tract and the Southeast corner of a called 53.173
acre tract described in a deed to HRUS Alliance LLC recorded in Instrument No.
2019-2244 (DRDCT) and being in the North right-of-way line of Farm-to-Market Highway
No. 156 (200' right-of-way width), from which a brass monument found stamped "TXDOT
ROW" bears North 76 deg. 38 min. 1 sec. West - 1.58 feet, and from which a brass
monument found stamped "TXDOT ROW" bears
North 78 deg. 42 min. 59 sec. West- 504.56 feet, and from which a 5/8" capped iron
rod found stamped "5587" for the Northeast corner of said 53.173 acre tract and the
Northwest corner of said 56.821 acre tract bears North 0 deg. 29 min. 33 sec. East -
2496.31 feet,
THENCE North ❑ deg. 29 min. 33 sec. East departing said North right-of-way line and
continue along the West line of said 56.821 acre tract and the East line of said 53.173
acre tract, ❑ distance of 77.46 feet;
THENCE South 89 deg. 30 min. 27 sec. East departing said East and West lines, ❑
distance of 52.82 Feet to the TRUE POINT OF BEGINNING,
THENCE North, a distance of 15.00 feet;
THENCE East, a distance of 60.00 feet:
THENCE South, a distance of 15.00 feet,
THENCE West, a distance of 60.00 feet to the POINT OF BEGINNING, containing 900
square feet or 0.021 acres of land, more or less.
Bearings are referenced to Texas State Plane Coordinate
System, North Central Zone (4202), North American
Datum of 1983 as derived from GPS observation.
AZE F,J.
•G�STE 9�
Exhibit map attached and made a part hereof. y'aeel �a.
JOHN N.ROGERS
6372 P
�9g SR O
E:\10822-H1neS FM 155\Cogo\GM EASEMEN TS\ENCROACHMENT\EAI.dwg 9(77(2029
TEXAS -2405 haslang Orin-Grapevine,TX 76051 •817.329.4373 •TBPfS#10021700 TENNESSEE•6074 Apple Tree Drive•hempNi,TB 38115 -901,881.9188
ARIZONA•2705 South Alma School Aaad,Suite 2 -{handler,A2 85286-602.218.728S C0LORADO•8400 E.Frvoce Ave-•Greenvraod Village,[0 80111 •303.459.4861
G ly}oim-N` CIVIL ENGINEERS-- PLANNERS-- SURVEYORS
LEGAL DESCRIPTION FOR
ENCROACHMENT AGREEMENT NO. 2
All that certain lot, tract, or parcel of land, situated in a portion of the William Sample
Survey, Abstract No. 1207, Denton County, Texas, being part of that certain called
56.821 acre tract described in a deed to HRUS Alliance LLC recorded in Instrument No.
2019-2080 of the Deed Records of Denton County, Texas (DRDCT), and being more
completely described as follows, to-wit:
COMMENCING at a 5/8" capped iron rod found stamped "DUNAWAY" for the
Southwest corner of said 56.821 acre tract and the Southeast corner of a called 53.173
acre tract described in a deed to HRUS Alliance LLC recorded in Instrument No.
2019-2244 (DRDCT) and being in the North right-of-way line of Farm-to-Market Highway
No. 156 (200' right-of-way width), from which a brass monument found stamped "TXDOT
ROW" bears North 76 deg. 38 min. I sec. West- 1.58 feet, and from which a brass
monument found stamped "TXDOT ROW" bears
North 78 deg. 42 min. 59 sec. West-504.56 feet, and from which a 5/8" capped iron
rod found stamped "5587" for the Northeast corner of said 53,173 acre tract and the
Northwest corner of said 56.821 acre tract bears North 0 deg. 29 min. 33 sec. East -
2496.31 feet;
THENCE North 0 deg. 29 min. 33 sec. East departing said North right-of-way line and
continue along the West Line of said 56.821 acre tract and the East line of said 53,173
acre tract, a distance of 294.56 feet,-
THENCE South 89 deg. 30 min. 27 sec. East departing said East and West lines, a
distance of 50.95 feet to the TRUE POINT OF BEGINNING;
THENCE North, a distance of 4.25 feet;
THENCE East, a distance of 60.00 feet;
THENCE South, a distance of 4.25 feet;
THENCE West, a distance of 60.00 feet to the POINT OF BEGINNING, containing 255
square feet or 0.006 acres of land, more or less.
Bearings are referenced to Texas State Plane Coordinate
System, North Central Zone (4202), North American
Datum of 1983 as derived from GPS observation.
Exhibit map attached and made a part hereof. d
RS..,;..
E:\10822-Hines FM 156\Cogo GM EA5EnAEN 71x(xa7sTS\ENCROACHMENT\EA2.dwg Shy I :V�2
TEXAS •2405 Mustang Drive •Grapevine,TX 1605E •817.329.4313 •TBPLS#10021700 TEN NESSEE•6074 Apple Tree Drive•Memphis,IN 38115 •901.88i.9IRa
ARIZONA•2705 South Alma 5chool Read,Suite 2 •{handier,AZ$5286•602.218.7285 COLORAD❑•8400 E.Prentice Ave. •Greenwood Village,CO 80111 •3 03.4 5948 61
G 00DWIT"Nr a CIVIL ENGINEERS-- PLANNERS -- SURVEYORS
ARSH,ALL -- -
LEGAL DESCRIPTION FOR
ENCROACHMENT AGREEMENT NO. 3
All that certain lot, tract, or parcel of land, situated in a portion of the William Sample
Survey, Abstract No. 1207, Denton County, Texas, being part of that certain called
56.821 acre tract described in a deed to HRUS Alliance LLC recorded in Instrument No.
2019-2080 of the Deed Records of Denton County, Texas )DRDCT), and being more
completely described as follows, to-wit:
COMMENCING at a 5/8" capped iron rod found stamped "DUNAWAY" for the
Southwest corner of said 56.821 acre tract and the Southeast corner of a called 53.173
acre tract described in a deed to HRUS Alliance LLC recorded in Instrument No.
2019-2244 )DRDCT) and being in the North right-of-way line of Farm-to-Market Highway
No. 156 (200' right-of-way width), from which ❑ brass monument found stamped "TXDOT
ROW" bears North 76 deg. 38 min. 1 sec. West- 1.58 feet, and from which a brass
monument found stamped "TXDOT ROW" bears
North 78 deg. 42 min. 59 sec. West- 504.56 feet, and from which a 5/8" capped iron
rod found stamped "5587 for the Northeast corner of said 53.173 acre tract and the
Northwest corner of said 56.821 acre tract bears North 0 deg. 29 min. 33 sec. East-
2496.31 feet,-
THENCE North 0 deg. 29 min, 33 sec. East departing said North right-of-way line and
continue along the West line of said 56.821 acre tract and the East line of said 53.173
acre tract, a distance of 403.63 feet;
THENCE South 89 deg. 30 min. 27 sec. East departing said East and West lines, a
distance of 26.76 feet to the TRUE POINT OF BEGINNING;
THENCE North, a distance of 10.00 feet,,
THENCE East, a distance of 8.50 feet:
THENCE South, a distance of 10.00 feet;
THENCE West, ❑ distance of 8.50 feet to the POINT OF BEGINNING, containing 85 square
feet or 0.002 acres of land, more or less.
Bearings are referenced to Texas State Plane Coordinate
System, North Central Zone (4202), North American
Datum of 1983 as derived from GPS observation.
Exhibit map attached and made a part hereof. 's'T t. I
JOHN N.ROGERS
•:A 6372 P; ..
C,¢OFE�SsC[1 (i
SUR� p
712/2029
E'\10822-Hines FM 1561Cogo\GM EA5EMENTSNENCROACHMENT\EA3.dwg a.,
TEXAS•240S Mustang Drive•Grapevim,TX 76051 •817-329,4373 -TULS #10021700 TENNESSEE•6074 Apple Tree Drive •Memphis,TH 38115 •90i.181.9188
ARIZONA•270S fouth Alma khool Road.Soim 2 •Chandler,Al SS296 -602118.72b C0L0RADO -8400 E.Prenfte Ave- -Greenwood Qage.{p 801I1 •303.459.4841
G OODWIN` CIVIL ENGINEERS-- PLANNERS - SURVEYORS
%j �\RSHALL
LEGAL DESCRIPTION FOR
ENCROACHMENT AGREEMENT NO. 4
All that certain lot, tract, or parcel of land, situated in ❑ portion of the William Sample
Survey, Abstract No. 1207, Denton County, Texas, being part of that certain called
56.821 acre tract described in a deed to HRUS Alliance LLC recorded in Instrument No.
2019-2080 of the Deed Records of Denton County, Texas (DRDCT), and being more
completely described as follows, to-wit:
COMMENCING at a 5/8" capped iron rod found stamped "DUNAWAY" for the
Southwest corner of said 56.821 acre tract and the Southeast corner of a called 53.173
acre tract described in a deed to HRUS Alliance LLC recorded in Instrument No.
2019-2244 (DRDCT) and being in the North right-of-way line of Farm-to-Market Highway
No, 156 (200' right-of-way width), from which a brass monument found stamped "TXDOT
ROW" bears North 76 deg. 38 min. 1 sec. West- 1.58 feet, and from which ❑ brass
monument found stamped "TXDOT ROW" bears
North 78 deg. 42 min. 59 sec. West- 504.56 feet, and from which a 5/8" capped iron
rod found stamped "5587" for the Northeast corner of said 53.173 acre tract and the
Northwest corner of said 56.821 acre tract beats North 0 deg. 29 min. 33 sec. East -
2496.31 feet;
THENCE North 0 deg. 29 min. 33 sec. East departing said North right-of-way line and
continue along the West line of said 56.821 acre tract and the East line of sold 53.173
acre tract, a distance of 494.80 feet;
THENCE South 89 deg. 30 min. 27 sec. East departing said East and West lines, a
distance of 49.23 feet to the TRUE POINT OF BEGINNING;
THENCE North, a distance of 3.75 feet;
THENCE East, a distance of 60.00 feet;
THENCE South, a distance of 3.75 feet;
THENCE West, a distance of 60.00 feet to the POINT OF BEGINNING, containing 225
square feet or 0.005 acres of land, more or less.
Bearings are referenced to Texas State Plane Coordinate
System, North Central Zone (4202), North American Datum
of 1983 as derived from GPS observation.
Exhibit map attached and made a part hereof. '$ R*¢9:;s
HNN ROGER S
..
6372
.0 DSLIRV 7ruaoz9
E:\10822-Hines FM 156\Cogo\GM EASE.mEmTs\ENCROACHMENTEA4_dWg `' •w; :1` x y
TEXAS•2405 Mustang drive•Grapevine,TX 76051 •817.329.4173 -TBPLS#10021700 TENNESSEE•6074 Apple Tree Onve•1lemphis,T1i 39115 •901.881.9188
ARIZONA•2705 South Alma School Knad,Saile 2 •Chandler,A2 85m •602.218,7285 COLORADO •8400 r.Prentice Ave-•Greenwood Village,CO 80111 •303A59.4861
G{_)OD EN ? CIVIL ENGINEERS— PLANNERS — SURVEYORS
LEGAL DESCRIPTION FOR
ENCROACHMENT AGREEMENT NO. 5
All that certain lot, tract, or parcel of land, situated in a portion of the William Sample
Survey, Abstract No. 1207, Denton County, Texas, being part of that certain called
56.821 acre tract described in a deed to HRUS Alliance LLC recorded in instrument No.
2019-2080 of the Deed Records of Denton County, Texas (DRDCT), and being more
completely described as follows, to-wit:
COMMENCING at a 5/8" capped iron rod found stomped "DUNAWAY" for the
Southwest corner of said 56,821 acre tract and the Southeast corner of a called 53.173
acre tract described in a deed to HRUS Alliance LLC recorded in Instrument No.
2019-2244 (DRDCT) and being in the North right-of-way line of Farm-to-morket Highway
No. 156 (200' right-of-way width), from which a brass monument found stamped "TXDOT
ROW" bears North 76 deg. 38 min. 1 sec. West- 1.58 feet, and from which a brass
monument found stamped "TXDOT ROW" bears
North 78 deg. 42 min. 59 sec. West-504.56 feet, and from which a 5/8" capped iron
rod found stamped "5587" for the Northeast corner of said 53.173 acre tract and the
Northwest corner of said 56.821 acre tract bears North 0 deg. 29 min. 33 sec. East -
2496.31 feet:
THENCE North 0 deg. 29 min. 33 sec. East departing said North right-of-way line and
continue along the West line of said 56.821 acre tract and the East line of said 53.173
acre tract, a distance of 555.03 feet;
THENCE South 89 deg. 30 min. 27 sec. East departing said East and West lines, a
distance of 48.71 feet to the TRUE POINT OF BEGINNING;
THENCE North, a distance of 12.00 feet:
THENCE East, a distance of 9.00 feet;
THENCE South, a distance of 12.00 feet;
THENCE West, a distance of 9.00 feet to the POINT OF BEGINNING, containing 108
square feet or 0.002 acres of land, more or less.
Bearings are referenced to Texas State Plane Coordinate
Systems North Central Zone (4202), North American Datum
of 1983 as derived from GPS observation.
d
Exhibit map attached and made a part hereof. RS
. ..
4
7/212029
E 10822-Hines FM 156\Coga\GM EASEMEKFS\ENCROACHMENT\EA5_dwg SIh9n,1 ,&
TEXAS •7405 kustmg Drive•Graperin�TX 760SI •117.329,4171 •TULS#10021100 TENNE55EE•6074 Apple Tree Drive•NempFa,A 38115 •901.181.9138
AR1x0NA•1705 Sixih Alma i&ool Road.Saa.A 2 •[handler,A2 8 528 6 .602.218.72b COLORADO•8400 1. Prumm Ate. •Greenwood Village,C4 80111 •303.459.4861
G 00DWITNI` CIVIL ENGINEERS - PLANNERS SURVEYORS
11 :LR-HALL
LEGAL DESCRIPTION FOR
ENCROACHMENT AGREEMENT NO. 6
All that certain lot, tract, or parcel of land, situated in a portion of the William Sample
Survey, Abstract No. 1207, Denton County,Texas, being part of that certain called
56.821 acre tract described in a deed to HRUS Alliance LLC recorded in Instrument No.
2019-2080 of the Deed Records of Denton County, Texas (DRDCT), and being more
completely described as follows, to-wit:
COMMENCING at a 5/8" capped iron rod found stamped "DUNAWAY" for the
Southwest corner of said 56.821 acre tract and the Southeast corner of a called 53.173
acre tract described in a deed to HRUS Alliance LLC recorded in Instrument No.
2019-2244 (DRDCT) and being in the North right-of-way line of Farm-to-Morket Highway
No. 156 (200' right-of-way width), from which a brass monument found stamped "TXDOT
ROW" bears North 76 deg. 38 min. 1 sec. West- 1.58 feet, and from which a brass
monument found stamped "TXDOT ROW" bears
North 78 deg. 42 min. 59 sec. West-504.56 feet, and from which ❑5/8" capped iron
rod found stamped "5587" for the Northeast corner of said 53,173 acre tract and the
Northwest corner of said 56.821 acre tract bears North 0 deg. 29 min. 33 sec. East -
2496.31 feet;
THENCE North 0 deg. 29 min. 33 sec. East departing said North right-of-way line and
continue along the West line of said 56.821 acre tract and the East line of said 53.173
acre tract, a distance of 694.66 feet;
THENCE South 89 deg. 30 min. 27 sec. East departing said East and West lines, a
distance of 32.51 feet to the TRUE POINT OF BEGINNING;
THENCE North, a distance of 3.75 feet:
THENCE East, ❑ distance of 75.00 feet;
THENCE South, a distance of 3.75 feet:
THENCE West, a distance of 75.00 feet to the POINT OF BEGINNING. Containing 281
square feet or 0.006 acres of land, more or less.
Bearings are referenced to Texas State Plane Coordinate
System, North Central Zone (4202). North American Datum
of 1983 as derived from GPS observation.
Exhibit map attached and made a part hereof.
JOHN N.ROGERS
..A..6372 ..V::..
�•. '�E'SS14 .�
qNp 3 tJRV E�❑
71212029
E:1 0822-Hines FM 156�CcgC\GM EASEMENTSIENCROACHMENT\EA6.clwg a]*$2 s v
TEXAS• 2405 Mustang Drive •Grapevine,TX 76051 •817,321.4373 •FEPLS#10021700 TENNESSEE•6074 We Tree Olive •Memphis,TM 38115 •901.881.9188
AR17ONA•2705 South Alma khool BoaA.Suite 2 •[handler,Al 85286 •602.21U285 C0L0RA00 • 9400 E.Pren6q Ave. •Greenwood Ulage,C4 80111 •3D3.459,4861
G OOD IN` CIVIL ENGINEERS - PLANNERS - SURVEYORS
I.�1RSFLALLZ.
LEGAL DESCRIPTION FOR
ENCROACHMENT AGREEMENT NO. 7
All that certain lot, tract, or parcel of land, situated in a portion of the William
Sample Survey, Abstract No. 1207, Denton County, Texas, being part of that
certain called 56.821 acre tract described in a deed to HRUS Alliance LLC
recorded in Instrument No. 2019-2080 of the Deed Records of Denton County,
Texas (DRDCT), and being more completely described as follows, to-wit:
COMMENCING at a 5/8" capped iron rod found stamped "DUNAWAY" for the
Southwest corner of said 56.821 acre tract and the Southeast corner of a called
53.173 acre tract described in ❑ deed to HRUS Alliance LLC recorded in
Instrument No. 2019-2244 (DRDCT) and being in the North right-of-way fine of
Farm-to-Market Highway No. 156 (200' right-of-way width), from which a brass
monument found stamped "TYDOT ROW" bears
North 76 deg. 38 min. 1 sec. West - 1.58 feet, and from which ❑ 5/8" capped
iron rod found stamped "5587" for the Northeast corner of said 53.173 acre tract
and the Northwest comer of said 56.821 acre tract bears North 0 deg. 29 min. 33
sec. East - 2496.31 feet;
THENCE North 0 deg. 29 min. 33 sec. East deporting said North right-of-way line
and continue along the West line of said 56.821 acre tract and the East line of
said 53.173 acre tract, ❑ distance of 894.66 feet;
THENCE South 89 deg. 30 min. 27 sec. East departing said East and West lines, a
distance of 45.79 feet to the TRUE POINT OF BEGINNING;
THENCE North, ❑ distance of 4.00 feet;
THENCE East, ❑ distance of 60.00 feet;
THENCE South, ❑ distance of 4.00 feet;
THENCE West, ❑ distance of 60.00 feet to the POINT OF BEGINNING, containing
240 square feet or 0.006 acres of land, more or less.
Bearings are referenced to Texas State Plane
Coordinate System, North Central Zone (4202),
North American Datum of 1983 as derived from A, .. T -4
GPS observation. G R Q s
JOHls'4.RCGERS'
'
Exhibit map attached and made ❑ part hereof. sa7z;� P
�•aFESSsa"�C-
9�i7 SURVOC'
\10822-Hines FM 156\Cogo\GM EA SE 7�212Q19
E
TEXAS •2405 Mustang Drive •Grapevine,TX 16051 -811.329,4371 -TBPLS#10021700 TENNESSEE•6014 Apple Tree Drive •Hem phis,TH 38115 •901.881.9188
ARIZONA•2705 kuih Alma School Road,Suite 2 •[handler,Al 95286-602.218,7285 COLORAOO•WO E,Prentice be.•Greenwood Village,CO 80111 •303.459.4861
G{70MVIN ' CIVIL ENGINEERS - PLANNERS SURVEYORS
��vLA%RSHlALL
LEGAL DESCRIPTION FOR
ENCROACHMENT AGREEMENT NO. 8
All that certain lot, tract, or parcel of land, situated in a portion of the William
Sample Survey, Abstract No. 1207, Denton County, Texas, being part of that
certain called 56.821 acre tract described in a deed to HRUS Alliance LLC
recorded in Instrument No. 2019-2080 of the Deed Records of Denton County,
Texas (DRDCT), and being more completely described as follows, to-wit:
COMMENCING at a 5/8" capped iron rod found stamped "DUNAWAY" for the
Southwest corner of said 56.821 acre tract and the Southeast corner of a called
53.173 acre tract described in a deed to H R U S Alliance LLC recorded in
Instrument No. 2019-2244 (DRDCT) and being in the North right-of-way line of
Farm-to-Market Highway No. 156 (200' right-of-way width), from which a brass
monument found stamped "TXDOT ROW" bears
North 76 deg. 38 min. 1 sec. West - 1.58 feet, and from which a 5/8" capped
iron rod found stamped "5587" for the Northeast corner of said 53.173 acre tract
and the Northwest corner of said 56.821 acre tract bears North 0 deg. 29 min. 33
sec. East - 2496.31 feet;
THENCE North 0 deg. 29 min. 33 sec. East departing said North right-of-way line
and continue along the West line of said 56.821 acre tract and the East line of
said 53.173 acre tract, a distance of 902.41 feet;
THENCE South 89 deg. 30 min. 27 sec. East departing said East and West lines, a
distance of 22.72 feet to the TRUE POINT OF BEGINNING:
THENCE North, ❑ distance of 20.00 feet;
THENCE East, a distance of 8.00 feet;
THENCE South, a distance of 20.00 feet;
THENCE West, ❑ distance of 8.00 feet to the POINT OF BEGINNING, containing
160 square feet or 0.004 acres of €and, more or less.
Bearings are referenced to Texas State Plane
Coordinate System, North Central Zone (4202),
North American Datum of 1983 as derived from ACE F�
GPS observation.
JOHN N.ROGERS
Exhibit map attached and made a part hereof_ ::. s372...
.0cE55��� ¢
E.-\10822-Hines FM 156\C090\GM E A 5 EMEN TS\ENC ROA CH M ENT\EA&dwg 7/Z120�9 `hs II *1 2
TEXAS •2405 Mustang Drive•Grapevine,TX 76D51 •911.329.4373 -TSFLS#10021100 TENNESSEE•6074 Apple Tree Dnve•Memphis.TH 36115•901.881.918a
ARIZONA•2705 South Alma School AU3d,Sui[e 2 -Chandler,A2 8S286•602.218.7285 C0LORADO •8400 E. Prepuce Ave.-Greenwood Village,CD 80111 -303,459.4361
G 00MVII�; 4 CIVIL ENGINEERS -- PLANNERS -SURVEYORS
,J AM H A L L = _.,.
LEGAL DESCRIPTION FOR
ENCROACHMENT AGREEMENT NO. 9
All that certain lot, tract, or parcel of land, situated in a portion of the William
Sample Survey, Abstract No. 1207, Denton County, Texas, being part of that
certain called 56.821 acre tract described in ❑ deed to HRUS Alliance LLC
recorded in instrument No. 2019-2080 of the Deed Records of Denton County,
Texas (DRDCT), and being more completely described as follows, fo-wit:
COMMENCING at ❑ 5/8" capped iron rod found stamped "DUNAWAY" for the
Southwest corner of said 56.821 acre tract and the Southeast corner of ❑ called
53.173 acre tract described in a deed to HRUS Alliance LLC recorded in
Instrument No. 2019-2244 (DRDCT) and being in the North right-of-way line of
Farm-to-Market Highway No. 156 (200' right-of-way width), from which a brass
monument found stamped "TXDOT ROW" bears
North 76 deg. 38 min. 1 sec. West- 1.58 feet, and from which a 5/8" capped
iron rod found stamped "5587" for the Northeast corner of said 53.173 acre tract
and the Northwest corner of said 56.821 acre tract bears North 0 deg. 29 min. 33
sec. East - 2496.31 feet;
THENCE North 0 deg. 29 min. 33 sec. East departing said North right-of-way line
and continue along the West line of said 56.821 acre tract and the East line of
said 53.173 acre tract, ❑ distance of 955.01 feet;
THENCE South 89 deg. 30 min. 27 sec. East departing said East and West lines, a
distance of 45.27 feet to the TRUE POINT OF BEGINNING;
THENCE North, a distance of 12-00 feet;
THENCE East, ❑ distance of 9.00 feet;
THENCE South, a distance of 12.00 feet;
THENCE West, ❑ distance of 9.00 feet to the POINT OF BEGINNING, containing
108 square feet or 0.002 acres of land, more or less.
Bearings are referenced to Texas State Plane
Coordinate System, North Central Zone (4202),
North American Datum of 1983 as derived from Ab
GPS observation. y�
Exhibit map attached and made a part hereof. . °.HN
•:
E:\10822-Nines FM I56\C090\GM EASEMENTS\ENCRQACH 7/2/207 9MENT\EA9.clwg Zheel at'2
TEXAS •2405 Mustang Drive•Grapevine,TX 16051 •811-329,4373 •T8?LS#10021700 TENNESSEE•6074 Apple Tree Dnve•Memphis,TN MIS •901.881.9188
ARIZONA•2705 South Alma khool Road,Suite 2 •Chandler,A2 35286 •602118.128S COLORADO•8400 E.Prentice Ave- •Greernvood Village,CO 80111 •303-459,4961
G 00DWIN z CIVIL ENGINEERS — PLANNERS — SURVEYORS
NJ ARSHALL
LEGAL DESCRIPTION FOR
ENCROACHMENT AGREEMENT NO. 10
All that certain lot, tract, or parcel of land, situated in a portion of the William
Sample Survey, Abstract No. 1207, Denton County, Texas, being part of that
certain called 56.821 acre tract described in a deed to HRUS Alliance LLC
recorded in Instrument No. 2019-2080 of the Deed Records of Denton County,
Texas (DRDCT), and being more completely described as follows, to-wit:
COMMENCING at ❑ 5/8" capped iron rod found stamped "DUNAWAY" for the
Southwest corner of said 56.821 acre tract and the Southeast corner of a called
53.173 acre tract described in a deed to HRUS Alliance LLC recorded in
Instrument No. 2019-2244 (DRDCT) and being in the North right-of-way line of
Farm-to-Market Highway No. 156 (200' right-of-way width), from which ❑ brass
monument found stamped "TXDOT ROW" bears
North 76 deg. 38 min. 1 sec. West - 1.58 feet, and from which a 5/8" capped
iron rod found stamped "5587" for the Northeast corner of said 53.173 acre tract
and the Northwest corner of said 56.821 acre tract bears North 0 deg. 29 min. 33
sec. East - 2496.31 feet;
THENCE North 0 deg. 29 min. 33 sec. East departing said North right-of-way line
and continue along the West line of said 56.821 acre tract and the East line of
said 53.173 acre tract, a distance of 1093.65 feet;
THENCE South 89 deg. 30 min. 27 sec. East departing said East and West lines, a
distance of 44.08 feet to the TRUE POINT OF BEGINNING;
THENCE North, a distance of 6.00 feet;
THENCE East, a distance of 60.00 feet:
THENCE South, a distance of 6.00 feet;
THENCE West, ❑ distance of 60.00 feet to the POINT OF BEGINNING, containing
360 square feet or 0.008 acres of land, more or less.
Bearings are referenced to Texas State Plane
Coordinate System, North Central Zone (4202),
North American Datum of 1983 as derived from ��,�E.•F F+
GPS observation. �. ��'� a�s
JOHN N.ROGERS
Exhibit map attached and made a part hereof. '.'.o 6372
.,pOF lfl�P .
i 5S
rgHdStiR oO
E. 10822-Hire5 FM 156\CogoNGM E AS EM ENTS\ENC ROACHM ENT\EA 10.d 7rara❑19wg shwl h
TEXAS•24DS Mustang Drive•Grapevine,TX 16051 •817.329.4373 • TBPB #10021700 TENNESSEE•6074 Apple Free Drive •Memphis,TM 38115•901.91-7188
AR1Z0NA•2705 South Alma School had,Suite 2 •Chandler,Al 85286•602.218.7285 C0LDRAD0•8400 E.Prentice Ave. •Greenwood ViOV,C0 80111 •303.459.486i
G OODWIN ` CIYIL ENGINEERS — PLANNERS SLIRYEYORS
MARSHALL
LEGAL DESCRIPTION FOR
ENCROACHMENT AGREEMENT NO. i]
All that certain lot, tract, or parcel of land, situated in a portion of the William
Sample Survey, Abstract No. 1207, Denton County, Texas, being part of that
certain called 56.821 acre tract described in a deed to HRUS Alliance LLC
recorded in instrument No. 2019-2080 of the Deed Records of Denton County,
Texas (DRDCT), and being more completely described as follows, to-wit:
COMMENCING at a 5/8" capped iron rod found stamped "5587" for the
Northwest comer of said 56.821 acre tract and the Northeast corner of ❑ called
53.173 acre tract described in ❑ deed to HRUS Alliance LLC recorded in
Instrument No. 2019-2244 (DRDCT), and being in the South line of Lot 1, Block 1 of
Northwest I.S.D. Addition recorded in Volume U, Page 188 of the plat Records of
Denton County, Texas (PRDCT), and being in the recognized North line of said
William Sample Survey, from which a 3/4" iron pipe found for the Northwest
corner of said 53.173 acre tract bears
South 89 deg. 8 min. 17 sec. West - 988.75 feet, and from which ❑ 1/2" capped
iron rod found stamped "LANDES" for an ell corner of said 56.821 acre tract and
said Lot 1, Block 1 bears North 89 deg. 8 min. 17 sec. East - 80.99 feet;
THENCE South 0 deg. 29 min. 33 sec. West departing said North and South lines
and continue along the West line of said 56.821 acre tract and the East line of
said 53.173 acre tract, a distance of 587.14 feet;
THENCE South 89 deg. 30 min. 27 sec. East departing said East and West lines, a
distance of 42.13 feet to the TRUE POINT OF BEGINNING,
THENCE East, a distance of 9.00 feet;
THENCE South, ❑ distance of 17.00 feet;
THENCE West, a distance of 9.00 feet;
THENCE North, a distance of 17.00 feet to the POINT OF
BEGINNING, containing 153 square feet or0.004 acres r F+q
of land, more or less. ��a s
JGHN N.ROGERS
Bearings are referenced to Texas State Plane Coordinate "'.;0 '6372 '�::"'
System, North Central Zone (4202), North American Datum
of 1983 as derived from GPS observation.
Exhibit map attached and made a part hereof. 7I212019
E:\10822-Hines FM 156\Coga\GM EA5EMENT5\ENCR0ACHMENT\EA 1 I.Owg E"Ole(0 I < 2
TEXAS •2405 Hustaag Nye•Grapevine,TX 760SI •817.329.4373- TRPLS#10021700 TENNESSEE•5074 AppN Tree Odve•Memphis,TA MIS•901.881.9188
ARIZONA•2705 Sauth Alma Schaal Road,Suite 2 •{handler,Al 8S286•602.211.7285 C0LORAE]O•8400 E.Prenuce Ave.•Greenwood Village {0 80111 •303.4P.4861
G 00M IN d C1Y1L ENGINEERS --PLANNERS -- SURYEYORS
LEGAL DESCRIPTION FOR
ENCROACHMENT AGREEMENT NO. 12
All that certain lot, tract, or parcel of land, situated in a portion of the William
Sample Survey, Abstract No. 1207, Denton County, Texas, being part of that
certain called 56.821 acre tract described in a deed to HRUS Alliance Ll_C
recorded in Instrument No. 2019-2080 of the Deed Records of Denton County,
Texas (DRDCT), and being more completely described as follows, to-wit-
COMMENCING at a 5/8" capped iron rod found stamped "5587" for the
Northwest corner of said 56.821 acre tract and the Northeast corner of a called
53.173 acre tract described in ❑ deed to HRUS Alliance LLC recorded in
Instrument No. 2019-2244 (DRDCT), and being in the South line of Lot 1, Block 1 of
Northwest I.S.D. Addition recorded in Volume U, Page 188 of the plat Records of
Denton County, Texas (PRDCT), and being in the recognized North line of said
William Sample Survey, from which ❑ 3/4" iron pipe found for the Northwest
corner of said 53.173 acre tract bears
South 89 deg. 8 min. 17 sec. West-988.75 feet, and from which a 1/2" capped
iron rod found stamped "LANDES" for an ell corner of said 56.821 acre tract and
said Lot 1, Block 1 bears North 89 deg. 8 min. 17 sec. East - 80.99 feet',
THENCE South 0 deg. 29 min. 33 sec. West departing said North and South lines
and continue along the West line of said 56.821 acre tract and the East Iine of
said 53.173 acre tract, a distance of 542.52 feet;
THENCE South 89 deg. 30 min. 27 sec. East departing said East and West lines, ❑
distance of 20.25 feet to the TRUE POINT OF BEGINNING;
THENCE East, a distance of 5.00 feet;
THENCE South, a distance of 10.00 feet;
THENCE West, a distance of 5.00 feet;
THENCE North, a distance of 10.00 feet to the POINT OF BEGINNING, containing
50 square feet or 0.001 acres of sand, more or less.
Bearings are referenced to Texas State Plane
Coordinate System, North Central Zone (4202),
North American Datum of 1983 as derived from .<�� R oq`�
GPS observation. .OHN N.ROGE RS
a• 6372
Exhibit map attached and made ❑ part hereof.
F ,r
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TEXAS •2405 Hustang Drive •Grapevine.TX 76051 •$17.329.4373 •T3PtS #ID021700 TENENEESSEE•6074 Apple Tree Drive•Memphis.TN 38115 •901.831.9189
ARIZONA•2705 South Alma School Road,Suite 2 •[handler.Al 85286•602.218.7185 COLORADO•9400 E. Prentice Ave,•Greenwood Vi0age,t0 80111 •303.439.4861
GOOD-W E~,'T` CIVIL ENGINEERS-- PLANNERS -- SURVEYORS
jN1 .ARsHA :LLz
LEGAL DESCRIPTION FOR
ENCROACHMENT AGREEMENT NO. 13
All that certain lot, tract, or parcel of land, situated in ❑ portion of the William
Sample Survey, Abstract No. 1207, Denton County, Texas, being part of that
certain called 56.821 acre tract described in a deed to HRUS Alliance LLC
recorded in Instrument No. 2019-2080 of the Deed Records of Denton County,
Texas (DRDCT), and being more completely described as follows, to-wit:
COMMENCING at a 5/8" capped iron rod found stamped "5587" for the
Northwest corner of said 56.821 acre tract and the Northeast corner of ❑ called
53.173 acre tract described in a deed to HRUS Alliance LLC recorded in
Instrument No. 2019-2244 (DRDCT), and being in the South line of Lot 1, Block 1 of
Northwest I.S.D. Addition recorded in Volume U, Page 188 of the plat Records of
Denton County, Texas (PRDCT), and being in the recognized North line of said
William Sample Survey, from which ❑ 3/4" iron pipe found for the Northwest
corner of said 53.173 acre tract bears
South 89 deg. 8 min. 17 sec. West-988.75 feet, and from which a 1/2" capped
iron rod found stamped "LANDES" for an ell corner of said 56.821 acre tract and
said Lot 1, Block 1 bears North 89 deg. 8 min. 17 sec. East - 80.99 feet,
THENCE South 0 deg. 29 min. 33 sec. West departing said North and South lines
and continue along the West line of said 56.821 acre tract and the East line of
said 53.173 acre tract, a distance of 344.94 feet;
THENCE South 89 deg. 30 min. 27 sec. East departing said East and West lines, ❑
distance of 5.51 feet to the TRUE POINT OF BEGINNING;
THENCE East, a distance of 7.07 feet;
THENCE South 45 deg. 0 min. 0 sec. East, ❑ distance of 14.14 feet;
THENCE West, a distance of 7.07 feet;
THENCE North 45 deg. 0 min. 0 sec. West, a distance
of 14.14 feet to the POINT OF BEGINNING, containing
71 square feet or 0.002 acres of land, more or less.
t� F}'
Bearings are referenced to Texas State Plane y��G'sr fiR o s
Coordinate System, North Central Zone (4202), ,3p}{k N.ROGERS
North American Datum of 1983 as derived from ': ss�z P.
GPS observation.
SURV �
Exhibit map attached and made a part hereof.
7/xr'xosg
E:110822-Hines FM 1561Caga\GM EASEMENTSIENCR()ACHMENr\I ]3.dwg -Sh9601 1 09 y
TEXAS• 2405 Huitang Drive-Grapevine.TX 76051 •817.324.4371 •TOPLS#10021740 TENNESSEE•6074 Apple Tree Drive•Memphis.TN 3811E•901.88iJIH
ARIZONA•2105 South Alma School Road.Suite 2 -Chandler,AI 8S286 •602.218-7285 COLORADO -8400 E.Premise Ave. •Greenwood Village,C0 80l 11 •303.454,4861
G{]C�La MIN CIVIL ENGINEERS - PLANNERS _ SURVEYORS
!j AR_SHALL2
LEGAL DESCRIPTION FOR
ENCROACHMENT AGREEMENT NO. 14
All that certain lot, tract, or parcel of land, situated in a portion of the William Sample
Survey, Abstract No. 1207, Denton County, Texas, being part of that certain called
56.821 acre tract described in a deed to HRUS Alliance LLC recorded in Instrument No.
2019-2080 of the Deed Records of Denton County, Texas (DRDCT), and being more
completely described as follows, to-wit:
COMMENCING at a 5/8" capped iron rod found stamped "DUNAWAY" for the
Southwest corner of said 56.821 acre tract and the Southeast corner of a called 53.173
acre tract described in a deed to HRUS Alliance LLC recorded in Instrument No.
2019-2244 (DRDCT) and being in the North right-of-way line of Farm-to-Market Highway
No. 156 (200' right-of-way width), from which a brass monument found stamped "TXDOT
ROW" bears North 76 deg. 38 min. 1 sec. West- 1.58 feet, and from which ca brass
monument found stamped "TXDGT ROW" bears
North 78 deg. 42 min. 59 sec. West- 504.56 feet, ❑nd from which a 5/8" copped iron
rod found stamped "5587" for the Northeast corner of said 53.173 acre tract and the
Northwest corner of said 56.821 acre tract bears North 0 deg. 29 min.33 sec. East -
2496.31 feet,
THENCE North 0 deg. 29 min.33 sec. East departing said North right-of-way line and
continue along the West line of said 56.821 acre tract and the East line of said 53.173
acre tract, a distance of 135.29 feet;
THENCE South 89 deg. 30 min. 27 sec. East departing said East and West lines, ❑
distance of 29.07 feet to the TRUE POINT OF BEGINNING;
THENCE North, a distance of 10.00 feet.
THENCE East, a distance of 8.50 feet;
THENCE South, a distance of 10.00 feet;
THENCE West, a distance of 8.50 feet to the POINT OF BEGINNING. containing 85 square
Feet or 0.002 acres of land, more or less.
Bearings are referenced to Texas State Plane Coordinate
System, North Central zone (4202), North American
Datum of 1933 as derived from GPS observation. F
y�•GAS
Exhibit map attached and made a part hereof. :�� �'.
JOHK N.ROGERS
a 6372
�tib 3UTt4�o
10322-Hines FM 156\Cfl901GM EASEMENTS\ENCROACHMENT`<EAT4.dw 9(7712C719
TEXAS•2405 Hung[rive•Grapevine,TX 76051 •817.329.4373 •TPLS#10021700 TEN NESSEE•6074 Apple Tree Drive•HeMoi=,TO 38118 •901,881.9188
ARIZONA•2705 South An 5&ul Road,Sure 2 •[handier,Al 85186•602.218.7M COL-0RAr30 • 8400 E.Freatite Ave.•Grrenwovd Yiilagr.,CO SOi}i •303.459.4861
EXHIBIT D
Form of Assignment and Consent of Encroachment Agreement
Date Received: City Secretary
Time Received: Number:
ASSIGNMENT AND CONSENT OF ENCROACHMENT AGREEMENT
City Secretary Contract No.
THIS ASSIGNMENT OF ENCROACHMENT AGREEMENT
("Assignment") is made and entered into as of this day of , 20 ,by
and between the CITY OF FORT WORTH, a Texas home-rule municipal corporation
("Citv"), , a ("Assignor"), and , a
("Assignee"). Sometimes herein City, Assignor, or Assignee may also be referred to
individually as a"Party" or collectively as the "Parties."
WITNESSETH:
WHEREAS, the City entered into an Encroachment Agreement, City Secretary
Contract No. (the "Encroachment Agreement"), on the day of
120 with Assignor, the owner of certain real property more particularly
described in the attached Legal Description (the "Property") located adjacent to or near
the City's right-of-way on which the encroachments are located. The encroachments are
more particularly described in the Encroachment Agreement, attached hereto as "Exhibit
A" and incorporated herein by reference for all purposes, and are referenced therein and
herein as the "Improvements";
WHEREAS, the Encroachment Agreement was recorded the day of
, 20 , as Instrument No. in the Real Property Records of
Denton County, Texas;
WHEREAS,Assignor desires to assign the Encroachment Agreement to Assignee.
AGREEMENT:
NOW, THEREFORE, for and in consideration of the above and foregoing
premises and the mutual covenants,terms, and conditions herein contained, and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the Parties hereby agree as follows:
1. Assignor hereby assigns, transfers, and conveys all rights and interests and
delegates it duties and obligations under the Encroachment Agreement to Assignee.
2. Assignee hereby accepts the Assignment granted herein, and assumes all of
Assignor's rights, duties, and obligations arising under the Encroachment Agreement.
3. Assignor has full right, power, and authority to enter into this Assignment,
to make the representations set forth herein, and to carry out Assignor's obligations
hereunder. Assignee has the full right, power, and authority to enter into this Assignment,
to make the representations set forth herein, and to cagy out Assignee's obligations
hereunder.
4. The effective date of this Assignment shall be the date of its execution by
the City(the"Effective Date"). All rights, duties, and obligations under the Encroachment
Agreement arising, accruing, or relating to the period before the Effective Date are
allocated to Assignor, and all rights, duties, and obligations arising, accruing, or relating to
the period thereafter shall be allocated to Assignee.
5. Except as otherwise expressly set forth in this Assignment, Assignor will
be discharged from any and all further obligations under the Encroachment Agreement as
of the Effective Date.
6. Assignor represents, warrants, and covenants with City and Assignee that
as of the Effective Date,Assignor is not in default of any of its obligations contained in the
Encroachment Agreement.
7. City hereby consents to this Assignment upon the terms and conditions set
forth herein. Unless and until City has executed this Assignment, it is of no effect. The
consent granted herein should not be construed as consent to any further assignments. The
failure or delay of City in seeking to enforce any provision of the Encroachment Agreement
or this Assignment shall not be deemed a waiver of rights or remedies that City may have
or a waiver of any subsequent breach of the terms and provisions therein or herein
contained.
8. Any notice given by any Party to another Party must be in writing and shall
be effective upon receipt when (i) sent by U.S. mail with proper postage, certified mail
return receipt requested, or by a nationally recognized overnight delivery service, and (ii)
addressed to the other Party at the address set out below or at such other address as the
receiving Party designates by proper notice to the sending Party.
City
Development Services Department
200 Texas Street
Fort Worth TX 76102
Attention: Director
Assignor
Assignee
9. Except as herein otherwise provided, this Assignment will be binding upon
and inure to the benefit of the Parties and their respective successors and assigns.
10. Assignee shall cause this Assignment to be filed of record at Assignee's
expense in the Real Property Records for Denton County, Texas.
11. The Certificate of Insurance for the Assignor attached as Exhibit`B" to the
Encroachment Agreement is hereby deleted and replaced with the attached Certificate of
Insurance from the Assignee as "'Exhibit B, Revised."
12. All terms and conditions of the Encroachment Agreement not amended
herein remain unaffected and in full force and effect, are binding on the Parties, and are
hereby ratified by the Parties. Capitalized terms not defined herein shall have meanings
assigned to them in the Encroachment Agreement.
13. This Assignment may be executed in multiple counterparts, each of which
shall be deemed an original, and all of which,when taken together, shall constitute one and
the same document which may be evidenced by one counterpart.
[SIGNATURES APPEAR ON FOLLOWING PAGES]