HomeMy WebLinkAboutContract 57781 Date Received: 07/06/2022 Record Number: PN22-00041
Time Received: 10:34 am City Secretary No.: 57781
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
TIER H
THIS AGREEMENT is made and entered into 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
Director of the Development Services Department, and Northwest Independent School
District, a(n) independent school district of Texas ("Licensee"), acting by and through its
duly authorized Board President.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 901 Blackhorse
Trail, Fort Worth, Texas 76247("Property"), being more particularly described in the
attached Exhibit "A"which is incorporated herein for all purposes; and
WHEREAS, the City owns a storm drainage and sanitary sewer easements (the
"Public Property") adjacent to the Property as shown in the attached Exhibit "B,"
which is incorporated herein for all purposes, and as recorded in the deed records of
Denton County by instrument number 33474 and 73914; and
WHEREAS, Licensee desires to construct, place, and maintain certain
improvements which will encroach in, on, above, or below the Public Property; and
WHEREAS, to accommodate the needs of the Licensee, the City will allow the
encroachment under the terms and conditions as set forth in this Agreement.
NOW, THEREFORE, the City and Licensee agree as follows:
AGREEMENT
1.
The City, in consideration of the payment by Licensee of the fee set out below
and covenants and agreements hereinafter contained to be kept and performed by
Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and
occupy a portion of the City's Public Property as described in and at the location shown
on Exhibit "C," but only to the extent shown thereon, for the purpose of constructing,
installing, and maintaining a 8" water line and 24" storm drain (the "Encroachment").
Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining
the Encroachment within the Public Property. Licensee shall not expand or otherwise
OFFICIAL RECORD
Tier II Easement Encroachment Agreement
PN22-00041 CITY SECRETARY
FT.WORTH, TX
cause the Encroachment to further infringe in or on the Public Property beyond what is
specifically described in Exhibit"C."
2.
All construction, installation, maintenance, and operation of the Encroachment
and the use or occupancy of the Public Property shall comply with and be performed in
strict compliance with this Agreement and with the charter, ordinances, codes, and
policies of the City. Prior to the construction or installation of the Encroachment,
Licensee shall submit all plans and specifications to the Director of the Development
Services Department or duly authorized representative. Licensee shall not commence
construction or installation of the Encroachment nor make any use of the Public Property
until after the execution of this Agreement.
3.
Licensee, at no expense to the City, shall make proper provisions for the
relocation and installation of any existing or future utilities affected by such
Encroachment and the use and occupancy of the Public Property, including the securing
the approval and consent of the appropriate utility companies and agencies of the State of
Texas 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 of
Public Property, Licensee shall pay to City an additional amount equal to such additional
cost as determined by the Director of Transportation and Public Works, the Director of
the Water Department, the Director of the Development Services Department, or their
duly authorized representative.
4.
Licensee agrees that City may enter and utilize the Public Property at any time for
any public purpose, including 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 have no responsibility or liability for any damages
related to the Encroachment resulting from the City's use of the Public Property;
however, the City shall make reasonable efforts to minimize such damage.
5.
Upon termination of this Agreement, Licensee shall, at the option of and at no
expense to the City, remove the Encroachment and restore the Public Property to a
condition acceptable to the Director of Transportation and Public Works, the Director of
the Water Department, the Director of the Development Services Department or their
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PN22-00041
duly authorized representative. Any such removal of the Encroachment shall be in
accordance with then-existing City regulations and policies. It is understood and agreed
to by Licensee that if this Agreement terminates and Licensee fails to remove the
Encroachment and restore the Public Property, Licensee hereby gives City permission to
remove the Encroachment and any supporting structures from the Public Property, to
restore the Public Property, and to assess a lien on the Property for the costs expended by
the City in taking such actions.
6.
In order to defray all costs of inspection and supervision which the City has
incurred or will incur as a result of the construction, maintenance, inspection or
management of the Encroachment and use of Public Property as 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 ($700.00).
7.
The term of this Agreement shall be for thirty (30) years, commencing on the
date this Agreement is executed by City. However, the City may terminate this
Agreement upon Licensee's noncompliance with any of the terms of this Agreement.
City shall notify Licensee in writing of any such noncompliance and if Licensee does not
cure the noncompliance within thirty (30) days of notice from City, the City may
terminate this Agreement. However,the City may, at its sole option, allow the Agreement
to remain in effect so long as Licensee has taken reasonable measures to cure the
noncompliance or is continuing to diligently attempt to remedy the noncompliance.
S.
It is further understood and agreed between the parties hereto that the Public
Property to be used and encroached upon is held by City as trustee for the public; that
City exercises such powers over the Public Property as have been delegated to it by the
Constitution of the State of Texas or by the Texas Legislature; and that City cannot
contract away its duty and its legislative power to control the Public Property for the use
and benefit of the public. It is accordingly agreed that if the governing body of City may
at any time during the term hereof determine in its sole discretion to use or cause or
permit the Public Property to be used for any other public purpose, including but not
being limited to underground, surface, or overhead communication, drainage, sanitary
sewerage, transmission of natural gas or electricity, or any other public purpose, whether
presently contemplated or not, that the parties agree to negotiate in good faith in order to
accommodate both the Encroachment and the public purpose.
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PN22-00041
9.
TO THE EXTENT ALLOWED BY TEXAS LAW, 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 HIND OR CHARACTER, WHETHER REAL OR ASSERTED,
ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR
INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE,
EXISTENCE, OR LOCATION OF THE ENCROACHMENT AND USES
GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN
PART, BY THE ALLEGED NEGLIGENCE OF OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND
LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR
SUCH CLAIMS OR SUITS. TO THE EXTENT ALLOWED BY TEXAS LAW,
LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND
RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL
INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN
CONNECTION WITH THE ENCROACHMENTS AND ANY AND ALL ACTS
OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR
INVITEES.
10.
While this Agreement is in effect, Licensee agrees to furnish City with a
Certificate of Insurance naming City as certificate holder as proof that is has secured and
paid for a policy of public liability insurance covering all public risks related to the
proposed use and occupancy of public property as located and described in Exhibit"C."
The amounts of such insurance shall be not less than
$1,000,000
with the understanding and agreement by Licensee that such insurance amounts may be
revised upward at City's option and that Licensee shall so revise such amounts
immediately following notice to Licensee of such requirement. Such insurance policy
shall not be canceled or amended without at least thirty (30) days prior written notice to
the Building Official of the City. A copy of such Certificate of Insurance is attached as
Exhibit "D" and incorporated herein for all purposes. Licensee agrees, binds, and
obligates itself and its successors and assigns to maintain and keep in force such public
liability insurance at all times during the term of this Agreement and until the removal of
the Encroachment and restoration of the Public Property. All insurance coverage
required herein shall include coverage of all Licensee's contractors and subcontractors.
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PN22-00041
11.
Licensee agrees to deposit with the City when this Agreement is executed a
sufficient sum of money to be used to pay necessary fees to record this Agreement in the
real property records of the county in which the Encroachment is located. After being
recorded, the original shall be returned to the City Secretary of the City of Fort Worth.
12.
Licensee agrees to comply fully with all applicable federal, state, and local laws,
statutes, ordinances, codes, and regulations in connection with the construction,
operation, and maintenance of the Encroachment and use of the Public Property.
13.
Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for
by this Agreement or by any federal, state, or local statute, law, or regulation.
14.
Licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as an officer, agent,
servant, or employee of City, and Licensee shall have exclusive control of and the
exclusive right to control the details of its operations, and all persons performing same,
and shall be solely responsible for the acts and omissions of its officers, agents, servants,
employees, contractors, subcontractors, licensees, and invitees. The doctrine of
respondeat superior shall not apply as between City and Licensee, its officers, agents,
servants, employees, contractors, and subcontractors, and nothing herein shall be
construed as creating a partnership or joint enterprise between City and Licensee.
15.
Licensee agrees and acknowledges that this Agreement is solely for the purpose
of permitting Licensee to construct, maintain, and locate the Encroachment over or within
the Public Property and is not a conveyance of any right, title, or interest in or to the
Public Property, nor is it meant to convey any right to use or occupy property in which a
third-party may have an interest. Licensee agrees that it will obtain all necessary
permissions before occupying such property.
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PN22-00041
16.
In any action brought by the City for the enforcement of the obligations of the
Licensee, 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.
Licensee covenants and agrees that it will not assign all or any of its rights,
privileges, or duties under this Agreement without the written approval of the City, and
any attempted assignment without such written approval shall be void. In the event
Licensee conveys the Property, Licensee may assign all of its rights and obligations under
this Agreement to the new owner of the Property, and Licensee shall be deemed released
from its duties and obligations hereunder upon City's approval in writing of such
assignment, which approval shall not be unreasonably conditioned or withheld.
Foreclosure by a secured lender of Licensee or assignment to a secured lender by
Licensee in the event of default or otherwise shall not require City approval provided that
said lender notifies City in writing within sixty (60) days of such foreclosure or
assignment and assumes all of Licensee's rights and obligations hereunder. However, no
change of ownership due to foreclosure or assignment to any secured lender of Licensee
shall be effective as to City unless and until written notice of such foreclosure or
assignment is provided to City.
19.
Any cause of action for breach of this Agreement shall be brought in Tarrant
County, Texas. This Agreement shall be governed by the laws of the State of Texas.
20.
This Agreement shall be binding upon the parties hereto and their successors and
assigns.
21.
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PN22-00041
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument
[SIGNATURES APPEAR ON FOLLOWING PAGE]
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PN22-00041
City: Licensee:
CITY OF FORT WORTH NORTHWEST INDEPENDENT
SCHOOL DISTRICT
an independent school district of Texas
b(fie 4 ,(' -
By: DJ Harrell(Jun 30,202210:48 CDT) By: O f
D.J. Harrell, Director of the Dr. Anne Davis-Simpson, President
Development Services Department Board of Trustees
Date: Jun 30, 2022 Date:
ATT ST: ,
Dr. Lil ' auch, Secretary
Board of Trustees
ATTEST: Approved As To Form and Legality
s
J �annetteS.Goodall Ju 5,202214:59CDT + �
Jannette Goodall, Thomas Royce Hansen
City Secretary Assistant City Attorney
Date: Jul 5, 2022
Date: Jun 27, 2022
a
bb 'FOR
'�FO°°°°°°°°�
a�►o °0 d�
o�d
0� *% o Contract Compliance Manager:
da °°°°°°°°°°° a By signing I acknowledge that I am the person
a�Z,zi.t7EXA`���p responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
Janie S. Morales
Development Services
Date: Jun 27, 2022
Tier II Easement Encroachment Agreement OFFICIAL RECORD
PN22-00041 CITY SECRETARY
FT. WORTH, TX
11
� '
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared D.J. Harrell, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein expressed, as the act and
deed of the City of Fort Worth, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this3otb day of
1 ine 52022 .
WendL. Digitally signed by
Y Wendy L.Beardslee Date: cPaYP�s WENDY L BEARDSLEE
Beardslee 2122.16.3012:05:30 i Notary Public
-05'00' * * STATE OF TEXAS
,+Q Notary I.D. 13323719-3
Notary Public in and for the State of Texas 9�OF�` My Comm. Exp. July 28, 2025
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
OFFICIAL RECORD
Tier II Easement Encroachment Agreement CITY SECRETARY
PN22-00041 FT. WORTH, TX
STATE OF TEXAS §
COUNTY OF, _ §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
on this day personally appeared Dr. Anne Davis-Simpson, President Board
of Trustees (Title) 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 NORTHWEST
INDEPENDENT SCHOOL DISTRICT, an independent school district of Texas
(entity type),and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this )J+ day ofJ�-
20
JENNIFER CARLISL"e
{p#1066"30
_ Notary
ary Pub l c in and for the s My Commissicr Expires
August 6, 2025
State of e;k
OFFICIAL RECORD
Tier II Easement Encroachment Agreement CITY SECRETARY
PN22-00041 FT. WORTH, TX
STATE QF TEXAS §
COUNTY OF I)WAVx §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
on this day personally appeared Dr. Lillian Rauch, (Title) secretary board of
trustees 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 NORTHWEST
INDEPENDENT SCHOOL DISTRICT, an independent school district of Texas
(entity type), and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 130= day ofSuv,
20,)-1
IP"
JENNIFER CARLISLE
Notary{D#10669430
ry P bis in and for theMy Cammission Expires
State of oF August 8, 2025
-
OFFICIAL RECORD
Tier II Easement Encroachment Agreement CITY SECRETARY
PN22-00041 FT. WORTH, TX
EXHIBIT A
Legal Description of the Licensee's
Property
Tier II Easement Encroachment Agreement Page 12 of 15
PN22-00041
EXHIBIT A
Legal Description of the Licensee's Property
BEING 14.926 ACRES OF LAND SITUATED IN THE CHARLES TYDINGS SURVEY, ABSTRACT NO. 1276, A.M.
KING SURVEY, ABSTRACT NO. 710 AND THE JOHN F. DAY SURVEY, ABSTRACT NO. 384, DENTON COUNTY,
TEXAS, AND BEING A PORTION OF A TRACT OF LAND DESCRIBED TO FORESTAR (USA) REAL ESTATE
GROUP INC. BY DEED RECORDED IN COUNTY CLERK'S FILE NO. 2018-27156 OF THE REAL PROPERTY
RECORDS OF DENTON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING AT A 5/8-INCH CAPPED IRON ROD FOUND STAMPED "LJA SURVEYING" (HEREINAFTER
REFERRED TO AS A "5/8-INCH CAPPED IRON ROD FOUND") ON THE WEST RIGHT-OF-WAY LINE OF
CHAPLIN DRIVE (A 60-FOOT WIDE RIGHT-OF-WAY) FOR THE NORTHEAST CORNER OF LOT 1X, BLOCK 43,
TRAILS OF ELIZABETH CREEK, PHASE 2,AN ADDITION TO THE CITY OF FORT WORTH, TEXAS,AS SHOWN
BY PLAT RECORDED IN COUNTY CLERK'S FILE NO. 2020-226 OF SAID REAL PROPERTY RECORDS;
THENCE NORTH 77°05'24" WEST, WITH THE NORTHERLY LINE OF SAID LOT 1X, A DISTANCE OF 766.33
FEET TO A 5/8-INCH CAPPED IRON ROD FOUND;
THENCE OVER AND ACROSS SAID FORESTAR (USA)TRACT, THE FOLLOWING COURSES AND DISTANCES:
NORTH 14°28'16" EAST, A DISTANCE OF 603.42 FEET TO A 5/8-INCH CAPPED IRON ROD SET STAMPED
"UA SURVEYING";
NORTH 76°19'06" WEST, A DISTANCE OF 116.01 FEET TO A 5/8-INCH CAPPED IRON ROD SET STAMPED
"UA SURVEYING";
NORTH 14°28'16" EAST, PASSING A 5/8-INCH CAPPED IRON ROD FOUND ON THE EAST RIGHT OF WAY
LINE OF REDGRAVE DRIVE (A 60-FOOT WIDE RIGHT-OF-WAY)AND THE SOUTHERNMOST SOUTHEAST
CORNER OF TRAILS OF ELIZABETH CREEK, PHASE 7, AN ADDITION TO THE CITY OF FORT WORTH, TEXAS,
AS SHOWN BY PLAT RECORDED IN COUNTY CLERK'S FILE NO. 2021-108 OF SAID REAL PROPERTY
RECORDS AT 93.97 FEET, A TOTAL DISTANCE OF 175.19 FEET TO A 5/8-INCH CAPPED IRON ROD FOUND
ON SAID EAST RIGHT-OF WAY LINE;
THENCE NORTH 61 °58'16" EAST, WITH SAID RIGHT-OF-WAY LINE,A DISTANCE OF 21.65 FEET TO A 5/8-
INCH CAPPED IRON ROD FOUND ON THE SOUTH RIGHT-OF-WAY LINE OF BLACKHORSE TRAIL (A 60-FOOT
WIDE RIGHT-OF-WAY);
THENCE WITH SAID SOUTH RIGHT-OF-WAY LINE,THE FOLLOWING COURSES AND DISTANCES:
SOUTH 70°3 I' 44" EAST,A DISTANCE OF 71.06 FEET TO A 5/8-INCH CAPPED IRON ROD FOUND FOR THE
BEGINNING OF A CURVE TO THE LEFT, HA YING A RADIUS OF 1,035.00 FEET, AND A CHORD THAT BEARS
SOUTH 83°39'OT' EAST,469.98 FEET;
WITH SAID CURVE TO THE LEFT,THROUGH A CENTRAL ANGLE OF 26°14'46",AN ARC-DISTANCE OF
474.11 FEET TO A 5/8-INCH CAPPED IRON ROD FOUND;
NORTH 83' 13'30" EAST, A DISTANCE OF 135.10 FEET TO A 5/8-INCH CAPPED IRON ROD FOUND FOR THE
BEGINNING OF A CURVE TO THE RIGHT, HA YING A RADIUS OF 425.00 FEET, AND A CHORD THAT BEARS
SOUTH 86°55'57" EAST, 145.30 FEET;
WITH SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 19°41 '06", AN ARC-DISTANCE OF
146.02 FEET TO A 5/8-INCH CAPPED IRON ROD FOUND;
SOUTH 77°05'24" EAST, PASSING A 5/8-INCH CAPPED IRON ROD FOUND AT 20.91 FEET, A TOT AL
DISTANCE OF 26. 91 FEET TO A 5/8-INCH CAPPED IRON ROD FOUND;
SOUTH 32°05'24" EAST,A DISTANCE OF 14.14 FEET TO A 5/8-INCH CAPPED IRON ROD FOUND ON THE
WEST RIGHT-OF-WAY LINE OF SAID CHAPLIN DRIVE;
THENCE SOUTH 12°54'36" WEST, WITH SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 900.00 FEET TO
THE POINT OF BEGINNING AND CONTAINING A CALCULATED AREA OF 14.926 ACRES (650,187 SQ. FEET)
OF LAND.
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EXHIBIT B
Depiction of the Public Property
Tier II Easement Encroachment Agreement Page 13 of 15
PN22-00041
Denton County
Juli Luke
County Clerk
Instrument Number_ 33474
ERecordings-RP
EASEMENT
Recorded On: March 04, 2022 09:17 AM Number of Pages: 8
" Examined and Charged as Follows: "
Total Recording: $54.00
***********THIS PAGE IS PART OF THE INSTRUMENT***********
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information: Record and Return To:
Document Number: 33474 Corporation Service Company
Receipt Number: 20220304000165
Recorded Date/Time: March 04, 2022 09:17 AM
User: Diana P
Station: Station 37
STATE OF TEXAS
GUN COUNTY OF DENTON
A I hereby certify that this Instrument was FILED In the File Number sequence on the date/time
printed hereon, and was duly RECORDED in the Official Records of Denton County,Texas.
o Juli Luke
County Clerk
"" Denton County,TX
CPN 103757 IMPROVEMENTS FOR HATFIELD ELEMENTARY SCHOOL
PARCEL 1
SOUTHWEST CORNER OF BLACKHORSE TRAIL AND CHAPLIN DRIVE
SURVEY CHARLES TIDINGS,TRACT 11A(21 ABSTRACT NO. 1276A
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DENTON §
CITY OF FORT WORTH
PERMANENT DRAINAGE FACILITY EASEMENT
DATE:
GRANTOR:NORTHWEST INDEPENDENT SCHOOL DISTRICT
GRANTOR'S MAILING ADDRESS(including County):
2001 Texan Drive,Justin, Denton County,Texas 76247
GRANTEE: CITY OF FORT WORTH
GRANTEE'S MAILING ADDRESS (including County):
200 TEXAS ST.
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.
EASEMENT 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 Drainage Facility (hereafter referred to as "Facility"). The Facility includes all
incidental underground and aboveground attachments, equipment and appurtenances, including,
but not limited to manholes, pipelines, junction boxes, inlets, flumes, headwalls, wingwalls,
slope pavement, gabions, rock rip-rap, drop structures and access ramps, and other erosion
control measures in, upon, under and across a portion of the Easement Property and more fully
described in Exhibits "A" and "B'i attached hereto and incorporated herein for all pertinent
purposes, together with the right and privilege at any and all times to enter the Easement
I.ORTIVORT11,
DRAINAGE FACILITY EASEMENT
Ray.1222021
Property, or any part thereof, for the purpose of constructing, operating, maintaining, replacing,
upgrading,and repairing said Facility.
In no event shall Grantor (1) use the Easement 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, or any structure not requiring a building permit but
which may threaten the structural integrity or capacity of the Facility and its appurtenances.
Grantee shall be obligated to restore the surface of the Easement 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 Property which may have been
removed, relocated, altered, damaged, or destroyed as a result of the Grantee's use of the
Easement Property 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 Property.
TO HAVE AND TO HOLD the above-described Easement Property, 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 successors and
assigns to warrant and forever defend all and singular the easement unto Grantee, its successors
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 PAGES]
FoRrlfiaRTIJ,
DRAINAGE FACILITY EASEMENT •
Rev.1222021
GRANTOR: NORTHWEST INDEPENDENT SCHOOL DISTRICT
By:
Anne Davis-Simpson; h.D.Board President
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF j)&,+bjn §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
TEXAS, on this day personally appeared Anne Davis-Simpson,Ph.D.,Board President known
to me to be the same person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he/she/they executed the same for the purposes and consideration
therein expressed and, in the capacity, therein stated.
(;IIIFNj TTN[r)PR MV I-IArin A SEAL OF OFFICE this �`�� Ann of
, 20 'ZZ
CAVLJ4"I'
Notar ublic in * for the State of Texas
JENNIFER CARLISLE
z � Notary ID#10669430
N My Commission Expires
August 8,2025
FORT.
DRAINAGE FACILITY EASEMENT
Rev.12W021
GRANTEE: CITY OF FORT WORTH
By:
DJ Harrell(�02210:48 CST)
Dalton Harrell
Development Services Director
APPROVED AS TO FORM AND LEGALITY:
By:
Thomas R. Hansen
Assistant City Attorney
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 and reporting requirements.
Janie Scarlett Morales
Planning Manager
ACKNOWLEDGEMENT
THE 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 Dalton Harrell, Development Services Director 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 executed the same for the purposes and consideration therein
expressed and, in the capacity, therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3rd day of
March 2022
14D
JOSH MARTINNotary Public in and for the State of TEXAS
Notary PublicSTATE OF TEXAS
Notary I.D.13236838-3
My Comm.Exp.Feb.20,2024
FORT1�'U TN.
DRAINAGE FACILITY EASEMENT
Rev.1222021
EXHIBIT"A"
"DRAINAGE FACILITY EASEMENT"
BEING 25,982 square feet of land situated in the C.Tidings Survey,Abstract No. 1276,the
A.King Survey,Abstract No.710,and the John F.Day Survey,Abstract No.384,City of
Fort Worth,Denton County,Texas,and being a portion of a tract of land described in deed
to Northwest Independent School District(Northwest I.S.D.),an independent school district
organized under the laws of Texas,according to the deed filed in Instrument#2021-202847,
Deed Records of Denton County,Texas(D.R.D.C.T.);and being more particularly described
by metes and bounds as follows:
COMMENCING at a 518 inch iron rod with cap stamped"TNP",set at the southeast corner
of said Northwest I.S.D. tract,also being the most northeast comer of Lot 1X,Block 43,
Trails of Elizabeth Crock,an addition to the City of Fort Worth,Denton County,Texas,as
filed in Instrument#2020-226,Plat Records of Denton County,Texas(P.R.D.C.T.),and also
being in the west Right-of-Way(R-O-W)line of Chaplin Drive(60' in width),from which
a 518 inch iron rod with cap stamped"LJA Surveying",found at the southwest comer of said
Northwest I.S.D.tract,also being in a north line of said Lot 1 X,and also being the southeast
comer of Lot 33,Block 43,Trails of Elizabeth Creek,an addition to the City of Fort Worth,
Denton County,Texas,as filed in Instrument#2021-272,P.R.D.C.T.,bears N 77°05'23"W,
a distance of 766.33 feet;
THENCE N 77005'23"W,along the south line of said Northwest I.S.D.tract,and along a
north line of said Lot 01,a distance of 545.68 feet to a 1/2 inch iron rod set with cap stamped
"TNP INC ESMT"(hereinafter all 1/2 inch iron rods set are marked the same)for the POINT
OF BEGINNING of the hereinafter described tract of land;
THENCE over and across said Northwest I.S.D. tract, the following courses and
distances;
N 14°28'39"E,a distance of 59.73 feet to a 1/2 inch iron rod set;
S 7591'44"E,a distance of 7.51 feet to a 1/2 inch iron rod set;
N 14*28'16"E,a distance of 40.31 feet to a 112 inch iron rod set;
N 30°31'44" W,passing over and across a sewer facility easement,as filed in
Instrument#2020-7391 d n R.D r T a distance of 237.40 fr_.ct to a 1/2 inch iron rod
set;
N 14028'16"E,a distance of 258.98 feet to a 1/2 inch iron rod set;
N 37°10'06"E,a distance of 153.49 feet to a 1/2 inch iron rod set;
S 85°5l'30"E, passing over and across a drainage facility easement,as filed in
Instrument#2020-73913,D.R.D.C.T.,a distance of 382.65 feet to a 1/2 inch iron rod
set;
N 11'49'34" E, continuing over and across said drainage facility easement, a
distance of 118.08 feet to a 1/2 inch iron rod set in the north line of said Northwest
I.S.D.tract,also being in the south R-O-W line of Blackhorse Trail(60' in width),
from which a 5/8 inch iron rod with cap stamped"LJA Surveying", found in said
line,bears S 83113'30"W,a distance of 20.61 feet;
THENCE N 83°13'30"E,along the north line of said Northwest I.S.D.tract,and along the
south R-O-W line of said Blackhorse Trail,a distance of 2 1.10 feet to a 1/2 inch iron rod set;
THENCE over and across said Northwest I.S.D. tract, the following courses and
distances;
Sheet I of
N W 120492
S 11°49'34"W,passing over and across said drainage facility easement,a distance
of 142.29 feet to a 1/2 inch iron rod set;
N 85051'30" W, continuing over and across said drainage facility easement, a
distance of 389.28 feet to a 1/2 inch iron rod set;
S 37°10'06"W,a distance of 138.62 feet to a 1/2 inch iron rod set;
S 14*28'16"W,a distance of 246.68 feet to a 1/2 inch iron rod set;
S 309 V44"E,passing over and across said sewer facility easement,a distance of
237.69 feet to a 1/2 inch iron rod set;
S 14028'16"W,a distance of 48.60 feet to a 1/2 inch iron rod set;
S 75°31'44"E,a distance of 7.49 feet to a 1/2 inch iron rod set;
S 14°28'39" W, a distance of 57.77 feet to the POINT OF BEGINNING and
containing 25,982 square feet or 0.596 of an acre of land.
42
ll�01 Rt+y
THR
te:January 20,2022 1 �. ' sits I
i
Theron W.Si s, LL �
Texas Registration No.5887 °" S
SURv
Surveyed on the ground January 20,2022
1.Bearings of lines shown hereon refer to Grid North of the Texas Coordinate System of 19B3
(North Central Zone; NAD83(2011) 2010.00) as derived locally from Allterra Central's
Continuously Operating Reference Stations(CORS)via Real Time Kinematic(RTK)methods.
An average Combination Factor of 1.00015063 was used to scale grid coordinates and distances
to surface.
2.Integral parts of this survey:
a.Legal Description
b.Sketch
Sheet 2 of 3
N W 120492
gt BLACKHORSE TR. 21-10'
,DAB 38q. I 60' WIDE R—O—W p
100 .
,�0. WATER FACILITY ESM7 A 5/8"1RF WITH CAP t ''
.7J INST. 12020— �60 STAMPED 'WA SURVEYING"
APPROX SURVEY LINE I 583'20.6181'
v rV 1
-+. 58557 30 E 38265 I 2r r^ I
to�Y N85'51 30 W, 389 28'�
as 0 f ORAINAC£ ! 1
aZ
b .�,r<< ono FACILITY ESM7. DRAINAGE FACILITY ESM`T 1 WATER 2020Y ESM7.
'° 25,982 S F. INST. J2020-73912
t` 43 c�fz* �O INST. 1202 0-739 1 3 D.R.D.C.T.
v �� O.R.D.C.I
W �_' 4 1 I
�+ 42 ')1 NOTRY I I
1)Bearings of lines shown hereon refer to Grid North of the Texas
Coordinate System of 1963 (North Central Zone; NAD83(2D71)
2010.00) as derived locally from Allterrd Cenuars Continuously
41 (� r� ` opemtirq Reteraxe SUAlons(CORS7 via Real Time Kinematic(RTRJ
N `I I �" 1 fi�v orate grid mo d nmethods.An e�es end disttion ances ro Factor ar of 00075063 was used to
N W
tF �f1e .�/�• C• ���•� set with All stamped"TNP INCernent corners Shown hESUIr(Unlessothed with e12 inch iron rods
rwisenoto).
39 �, 3)Integral paAe of this surveya.Legal . t
o=y Q ZG`w V1 k b.sketchDasui➢flfan !I
CL 1 ill
jJ. NORTHWEST INDEPENDENT SCHOOL DISTRICT, I
\`.v%
37X � � � on independent whoa!district organized I 1
under the laws o/Texos
INST 2021-202847 1
36
L 1
SCALE 1"-100'
34 soa'1 s'tiv
N14'2816E
40,31' `
33 'S75'31'44"E St7y 1'
S75'37 7.51E r /�7.49'
N14'28'39"E S14'2B'39'W A2020
58.73 �k Fr 57.77' oQD '
L5/8"IRr W17N ., .:., O.B
CAP STAMPED ~` _
ILA (L/NE
(CONTROL MOH.) . I N77.05. N7FOR OIR�r/O S NyR20 L 8435
C 23� 766.33 TOs, "W' 4 CON7R0L) 0.R.D.C.T.
F7 68,
110 N77-05.23`W TOp•BR
A'1" 1j0• q�ps
35.01' oECEc, ,�O 1y
VOL 90010
�+•,,�r� 1�
L07 1X, BLX. 43 11sp P 2,Ty
TRAILS OF ELOZ48ETH CREEK DR.pCT 140
1 INST. 12020-226 O.0 A
P.R.O.C.T.
' S/B"IRS WIJH
OA'COR ~1 ` .4 CAP STAMPED
` z pzp1S—21 ECV/r (CONTROL LION.) Lv i
ROC.T, 37g 'gr�
OF ••rF ENMIT"B" rf'rir
'��'• vo
G1pfo%,� DRAINAGE FACILITY
TFIERDN W. sWus, R.P. S. """""""""""""
THERON EASEMENT
TEXAS REGISTRATION NO. 5587 ... SIMS
,< 5887
P <' Situated in the C.Tidings Survey,Abstract No.1276,the
Dote: January 20, 2022 { '°PEs s;° 'O`E
9 . F,� A.King Survey,Absttact No.710,and the John F.Dey
Surveyed on the ground SUR`i Survey, Abstract No. 394, City of Fort Wonh, Denton
January 20. 2022 County,Texas.
League nail & per ins
5237 N.Riverside a Texas
7,Suite 100
Fort Worth,Texas 76137
g17.336.,773 ph 817.332.7756 fx
J09 No. NWJ 20492 tnp
I TSPELS Registration No,100116-00 SHEET J OF 3
P:\Survey\NM20492\cod\survey\Eaaernents\25,982 SF Drol—ge Esm'f —NW)20492.dwp
Denton County
Juli Luke
County Clerk
'VG-226-2020-73914*
Instrument Number: 73914
Real Property Recordings
EASEMENT
Recorded On: June 02, 2020 09:11 AM Number of Pages: 8
Examined and Charged as Follows: "
Total Recording: $54.00
***********THIS PAGE IS PART OF THE INSTRUMENT
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information: Record and Return To:
Document Number: 73914 CITY OF FORT WORTH
Receipt Number: 20200602000155 3017 W 7TH ST STE 300
Recorded Date/Time: June 02, 2020 09:11 AM
User: Eric M FORT WORTH TX 76107
Station: Station 6
STATE OF TEXAS
GouN� COUNTY OF DENTON
1 hereby certify that this Instrument was FILED In the File Number sequence on the date/time
Z printed hereon,and was duly RECORDED in the Official Records of Denton County,Texas.
G Juli Luke
2846 County Clerk
Denton County,TX
TRAILS OF ELIZABETH CREEK PHASE 7
CITY PROJECT NUMBER 102285
Parcel#51
CHARLES TYDINGS SURVEY, ABSTRACT NO. 1276
ALFRED KING SURVEY, ABSTRACT NO. 710
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DENTON §
CITY OF FORT WORTH
SEWER FACILITY EASEMENT
DATE: October 22, 2019
GRANTOR: FORESTAR (USA) REAL ESTATE GROUP INC.
GRANTOR'S MAILING ADDRESS:
2221 E. Lamar Blvd,
SUITE 790
ARLINGTON, TARRANT COUNTY, TEXAS 76006
GRANTEE: CITY OF FORT WORTH
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 Exhibit"A".
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.
SEWER FACILITY EASEMENT
Rev,119l18
Foe_ T�WMor.
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(II) 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.
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]
SEWER FACILITY EASEMENT
Rev.119118 FORT WORTH.
GRANTOR: FORESTAR(USA) REAL ESTATE GROUP INC.
a Delaware corporation
By:
t
Kevin Lazam
Investment Director GRANTG�'; it'y Fort Worth"�
By(Signatu
(Print Nam�teve Cooke,Proper�tg;>liFanagement Director
APPROVED AS TO FORM AND LEGALITY
(Signature 2�
)Mallhew Murray lMay 6,:0201
(Print Name)Matthew Murray ,Title Assistant City Attorney
Ordinance No.24161-04-2020 No M&C required
THE STATE OF TEXAS §
COUNTY OF DF-OTDI'4 §
ACKNOWLEDGMENT
kcu.,' L'Ci'2 C�L r`c.S
BEFORE ME, the undersignedlauthority, a Notary Public in and for the State of Texas,
on this day personally appeare ,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
Forestar (USA) Real Estate Group Inc. and that he/she executed the same as the act of said
Forestar (USA) Real Estate Group Inc. for the purposes and consideration therein expressed
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
ril ,20a,N
Notary Public in and for the State of Texas
RYAN GAUGHAN
Notary Public,State of Texas
= ( t•
SEWER FACILITY EASEMENT �,�', � Comm.Expires 01.21•2024
Rey.usr�a
n�uu�` Notary ID 132321539
oar Wotrr .
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
phis a personally appeared
mot+-�J I T-J 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
(SROGER MILES VENAIKES No ry Pubc in n for the State of Texas
Notary Pu6110-State of Texas
Nofay ID 08420808
CommlaeW Exp,FEB.05,2022
SEWER FACILITY EASEMENT
Rev.119/18
FOR�ORTH.
EXHIBIT "A"
1.457-ACRE
SEWER FACILITY EASEMENT
Being 1.457 acre of land situated in the A.M. King Survey, Abstract No. 710 and the C. Tydings
Survey, Abstract No. 1276, City of Fort Worth, Denton County, Texas, and being a portion of a
tract of land described to Forestar(USA) Real Estate Group Inc. by deed recorded in County
Clerk's File No. 2018-27156 Official Records of Denton County, Texas, and being more
particularly described by metes and bounds as follows:
BEGINNING at a point within said Forestar tract, from which a brass monument(TxDOT)found
for the northwest corner of same at the intersection of the south right-of-way line of Texas
Highway No. 114, and the easterly right-of-way line of the Atchison, Topeka and Santa Fe
Railway bears NORTH 17°00'24" EAST, 2,278.36 feet;
THENCE over and across said Forestar tract, the following courses and distances:
SOUTH 75031'44" EAST, a distance of 715.50 feet;
NORTH 14028'16" EAST, a distance of 7.75 feet;
SOUTH 75031'44" EAST, a distance of 35.00 feet;
SOUTH 14028'16" WEST, a distance of 54.99 feet;
SOUTH 76019'06" EAST, a distance of 294.38 feet;
SOUTH 12054'36" WEST, a distance of 108.18 feet;
SOUTH 77005'24" EAST, a distance of 600.50 feet;
SOUTH 12054'36"WEST, a distance of 35.00 feet;
NORTH 77005'24"WEST, a distance of 635.50 feet;
NORTH 12054'36" EAST, a distance of 108.65 feet;
NORTH 76'19'06"WEST, a distance of 272.84 feet;
SOUTH 14028'16"WEST, a distance of 7.82 feet;
NORTH 75'31'44"WEST, a distance of 10.00 feet;
NORTH 14028'16" EAST, a distance of 7.68 feet;
NORTH 76019'06"WEST, a distance of 12.50 feet;
NORTH 14028'16" EAST, a distance of 47.73 feet;
NORTH 75031'44"WEST, a distance of 392.50 feet;
SOUTH 14028'16"WEST, a distance of 7.75 feet;
NORTH 75031'44"WEST, a distance of 10.00 feet;
NORTH 14028'16" EAST, a distance of 7.75 feet;
NORTH 75031'44"WEST, a distance of 313.00 feet;
NORTH 14028'16" EAST, a distance of 35.00 feet to the POINT OF BEGINNING and
containing a calculated area of 1.457 Acres (63,488 Sq. Feet), of land.
BASIS OF BEARING IS GRID NORTH,TEXAS STATE PLANE COORDINATE SYSTEM, NORTH
CENTRAL ZONE, NAD83 (2011) EPOCH 2O10, DETERMINED BY GPS OBSERVATIONS,
CALCULATED FROM DENTON CORS ARP(PID-DF8986)AND ARLINGTON RRP2 CORS ARP (PID-
DF5387).
A PARCEL PLAT OF EQUAL DATE HEREWITH ACCOMPANIES THIS PROPERTY DESCRIPTION.
d;:26 October 22, 2019
Aaron R.P.L.S.
Registered Professional Land Surveyor OF
Texas Registration No. 6702 �P•���sTe 9 RFOS
LJA Surveying, Inc. �; •t,
3017 West 71h Street, Suite 300 •••.••••••••••••••»•••••�•••
Fort Worth, Texas 76107 AARON C. BROWN
682-747-0800 :q 6702
TBPELS Firm No. 10194540 f5s��?'Oo-
�.•.SURN �
TEXAS HWY. 114
BRASS MONUMENT
A\ �P FOUND (TxDOT)
N �
M
0' 150' 300' N z_
TRAILS OF ELIZABETH CREEK
HOMEOWNERS ASSOCIATION
S��J3aR I> C.C.S 2018-27157
O.R.D.C.T.
ON No FORESTAR (USA) :2
PgS�' REAL ESTATE GROUP INC.
C.C.# 2018-27156 Ix
O.R.D.C.T. a
a
a
APPROX. SURVEY LINE
POINT OF
BEGINNING I
L2
L22 C 1 ��o�N No tiz�6
I �.
L2L09 C17
C3 L4 , P5 S�
L18 L16 CS
1.457 ACRES L15
(63,488 S.F.) L14 L 21 o J
L13
A.M. KING SURVEY L7
ABST. No. 710 19
00
LINE TABLE LINE TABLE LINE TABLE
UNE# BEARING LENGTH UNE# BEARING LENGTH LINE# BEARING LENGTH
L1 S75'31'44"E 715.50' L9 N77'05'24"W 635.50' L17 N75'31.44"W 392.50'
L2 N14'28'15"E 7.75' L10 N12'54'36"E 108.65' L18 S14'28'16"W 7.75'
L3 S75'31'44"E 35.00' L11 N76'19'06"W 272.84' L19 N75'31'44W 10.00'
o L4 S14'28'16"W 54.99' L12 S14'28'16"W 7.82' L20 N14'28'1 6"E 7.75'
MCKELVEY—COLE, L.P.
C.C.S 2014-78881 L5 S76'19'06"E 294.38' L13 N75'31'44"W 10.00' L21 N75'31.44"W 313.00'
O.R.D.C.T.
L6 S12'54'36"W 108.18' L14 N14*28.16"E 7.68' L22 N14-28-16"E 35.00'
L7 S77'05'24"E 600.50' L15 N76'19'06"W 12.50'
L8 S12'54'36'W 35.00' L16 N1 V28"6"E 47.73'
W LEGEND
0
O.R.D.C.T. OFFICIAL RECORDS,
DENTON COUNTY, TEXAS
BASIS OF BEARING IS GRID NORTH,TEXAS STATE PLANE COORDINATE SYSTEM,NORTH CENTRAL ZONE,NAD83(2011)EPOCH 2O10,
N DETERMINED BY GPS OBSERVATIONS,CALCULATED FROM DENTON CORS ARP(PID-DF8986)AND ARLINGTON RRP2 CORS ARP(PID-DF5387).
DATE: 10 22 19 EXHIBIT "A"
PAGE DRWN BY: A.C.B. 1.457 ACRE SEWER FACILITY EASEMENT LJA Surveying, Inc.
IN THE 3017West 7th Street Phone 682.747.0800
OF CHKD BY: A.C.B. A.M.KING SURVEY,ABSTRACT No.710 Suite300
PROD NO. 0006 C. F FORT WORTH DENTON COUNTY,
SURVEY,ABSTRACT NTY TEXAS,O. 76
TEXAS CITY OF FORT Fort Worth,Texas 76107 T.B.P.E.L.S.Firm No.10194540
EXHIBIT C
Depiction and description of the Encroachment
Tier It Easement Encroachment Agreement Page 14 of 15
PN22-00041
sU• BLACKHORSE TR.
HAY
F' Y 394 CENTERLINE OF P.O.B. °PART 101 I I
JOIN �.NQ• 1.0'x28.29' ESM'T. CENTERLINE OF I l I
ENCROACHMENT
APPROX. 1.5 k8.0' ESM'T.
A$ SURVEY LINE L3 (28 S.F.) L12 ENCROACHMENT L15 I/ /P.0.B. PART 1�
Ll1 L5 (12 S.F.) I I
_ L4 L6 7 L9 f CENTERLINE OF
P.O.B.- RT 6-� - I I 1.5x6.59' ESM7.
_ -S85'51'30"E, 3_85.97' - 8 ENCROACHMENT
CENTERLINE OF 1.5 x6.92' L2 / 71.09'- _ _ _
ESM'T. ENCROACHMENT
NOCSOA HMENT / / I L13 - 132.31'- - (10 S.F.)
71.09'
L10 //� 123.37' L14 L17
P.O.B. PART 5 L16
_ CENTERL/ 0 O� OrO 253.65'
1.5'x8.0' ESM'T. 0��•�O O�
ENCROACHMENT 313.38'
(12 S. ) / �� •.�` P.O.B.fPART 8
F. _
c'1'f CENTERLINE OF P.O.B. PART 9 I P°O.B. PART i 1
�l 1.5x8.0' ESM'T. CENTERLINE OF CENTERLINE OF
42 I ENCROACHMENT 1.5 x8.0' ESM T 1.5x6.84' ESM'T. LINE # DIRECTION LENGTH
(12 S.F.) ENCROACHMENT ENCROACHMENT
(12 S.F.) (10 S.F.) L1 S75'31'44"E 2.49'
I DRAINAGE FACILITY ESM'T.
41 N I I INST. #2022-33474 L2 N52'49'54"W 2.00'
N/ D.R.D.C.T. L3 N28'03'57"W 3.57'
CENTERLINE C. TIDINGS SUR. L4 SO4'08'30"W 10.00'
V NN � I OF ESM'T.
40 " ", I I z NOTES: ABST. NO. 1276 L5 SOVO8'30"W 2.00'
39 0 W � I L6 SO4'08'30"W 2.00'
e/- 1)Bearings of lines shown hereon refer to Grid North of the Texas Coordinate
System of 1983(North Central Zone;NAD83(2011)2010.00)as derived locally
Op Q ? I from Allterra Central's Continuously Operating Reference Stations(CORS)via L7 N04'08'30"E 2.00'
v 2 j Real Time Kinematic (RTK)I methods. An average Combination Factor of/38 � I � 1,00015063 was used to scale grid coordinates and distances to surface. L8 S02'23'19"E 3.19'
I I � 2)Integral parts of this survey:
L9 S85'51'24"E 3.50'
(\ a a.Legal Description SCALE 1"=100' L10 N52'49'54"W 8.00'
0 F b.Sketch
,.........., F
`Pe.•G\STER'O 9 �� NORTHWEST INDEPENDENT SCHOOL DISTRICT, L11 N40'30'23"W 6.92'
-V a an independent school district organized
L12 N49'08'36"E 28.29'
under the laws of Texas
THERON•WSIMS••• CENTERLINE INST #202 1-20284 7
..%......................... L13 SO4'08'36"W 8.00'
5887 I OF ESM'T. D.R.D.C.T.
p �Q.1 yU' I L14 SO4'08'30"W 8.00'
�,•..
s 5 �=O� P.O.B. PART 3 SEWER FACILITY ESM'T.,
n "fF� �'> >. .\ I nr..frrof INST. #2020-739 1 4 L15 N04'08'30"E 8.00'
SUtt - LIYfLf\LIIYL D.R.D.C.T. v
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ENCROACHMENT
(70 S.F.) L21 P.O.B.I,PART 2 L17 S85'51'24"E 6.59'
1�5 4pril 2022
\ ` L20 CENTERLINE
0.5°x35.0' ESM'T. L18 S75'31'21"E 15.00'
THERON W. MS, R.P.L.S. `� ENCROACHMENT
TEXAS REGIST ATION NO. 5887 (18 S.F.) L19 N09'52'07"E 35.05'
Surveyed on the ground I I -
33 April 5, 2022 P.O.B. PART 4�� rn L20 N09'47'56"E 35.05'
/'I CENTERLINE OF 3.Oxl5.0' ` ; L21 N14'28'26"E 35.01'
N 14'28'16 E ESM'T. ENCROACHMENT
102.71' I L18 (45 S.F.) oo N. i M M
L1 co'p. ?dui ,`��`• P.O.B.;PART 1�
5/8" IRF WITH 49.53' 'n `' `o h
0 0 ^ CENTERL `
LJA SURVEYING" ry; Z
CAP STAMPED 0.5 x35.0' ESM'T.
CONTROL MON. ENCROACHMENT 5/8" IRS WITH
( _ ,nv. (L/He FOR�os23"w 7663,3 S23"W 563.18, (18 S.F.) CAP STAMPED
.7NP"
` /! S i� RECT/p�yA� CONr L N77-05. (CONTROL MON.)
NO. 10_ _ _ RO) 9 24 331.50.
A• �ST• SOS ECEC.
LOT IX, BLK. 43 VOA, f°O{y
A TRAILS OF EL12ABETH CREEK VOZ. ?460, pG R CO°p
INST. #2020-226, P.R.D.C.T. VOG• 460 PG' 23y ESl,T Z\
league Hall & perkins - ORDC.7. 14p O.0
r 5237 N.Riverside Drive,Suite 100 `
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Fort Worth,Texas 76137 ESM'T. ENCROACHMENTS �Q
817.336.5773 ph 817,332.7756 fx SHEET 10 OF 10 Q
www.tnpinc.com/TBPELS Registration No. 1 001 1 6-00 JOB No. NWI 20492 to V
P.\Survey\NW120492\cad\survey\Easements\Easement Encroachment - NW1 20492.dwg
EXHIBIT "A"
"EASEMENT ENCROACHMENT"
BEING 257 square feet of land total in twelve parts situated in the C. Tidings Survey,
Abstract No. 1276, City of Fort Worth,Denton County, Texas, and being a portion of a tract
of land described in deed to Northwest Independent School District (Northwest I.S.D.), an
independent school district organized under the laws of Texas, according to the deed filed in
Instrument#2021-202847,Deed Records of Denton County,Texas(D.R.D.C.T.);and being
more particularly described by metes and bounds as follows:
I
Part 1
COMMENCING at a 5/8 inch iron rod with cap stamped"TNP",set at the southeast corner
of said Northwest I.S.D. tract, also being the most northeast comer of Lot IX, Block 43,
Trails of Elizabeth Creek, an addition to the City of Fort Worth, Denton County, Texas, as
filed in Instrument#2020-226,Plat Records of Denton County,Texas(P.R.D.C.T.), and also
being in the west Right-of-Way(R-O-W)line of Chaplin Drive(60' in width), from which a
5/8 inch iron rod with cap stamped"LJA Surveying", found at the southwest corner of said
Northwest I.S.D. tract,also being in a north line of said Lot 1X, and also being the southeast
corner of Lot 33, Block 43, Trails of Elizabeth Creek, an addition to the City of Fort Worth,
Denton County,Texas,as filed in Instrument#2021-272,P.R.D.C.T., bears N 77°05'23"W,
a distance of 766.33 feet;
THENCE N 77005'23" W, along the south line of said Northwest I.S.D. tract, and along a
north line of said Lot 1X, a distance of 331.50 feet;
THENCE over and across said Northwest I.S.D.tract,the following courses, and distances;
N 31°44'14"E,a distance of 116.75 feet to the south line of a sewer facility easement,
as filed in Instrument#2020-73914, D.R.D.C.T., for the POINT OF BEGINNING
of the centerline of a 0.5 feet wide easement encroachment of the hereinafter
described tract of land;
N 09°52'07"E, over and across said sewer facility easement,along the centerline of
said 0.5 feet wide easement encroachment, a distance of 35.05 feet to the north line
of said sewer facility easement and the end of said easement encroachment, and
containing 18 square feet of land.
Part 2
COMMENCING at a 5/8 inch iron rod with cap stamped"TNP", set at the southeast corner
of said Northwest I.S.D. tract, also being the most northeast corner of Lot IX, Block 43,
Trails of Elizabeth Creek, an addition to the City of Fort Worth, Denton County, Texas, as
filed in Instrument#2020-226,Plat Records of Denton County,Texas(P.R.D.C.T.),and also
Sheet 1 of 10
NWI 20492
being in the west Right-of-Way(R-O-W) line of Chaplin Drive(60' in width),from which a
5/8 inch iron rod with cap stamped"LJA Surveying", found at the southwest corner of said
Northwest I.S.D. tract,also being in a north line of said Lot 1X,and also being the southeast
corner of Lot 33,Block 43, Trails of Elizabeth Creek, an addition to the City of Fort Worth,
Denton County,Texas,as filed in Instrument#2021-272,P.R.D.C.T.,bears N 77°05'23"W,
a distance of 766.33 feet;
THENCE N 77005'23" W, along the south line of said Northwest I.S.D. tract, and along a
north line of said Lot 1X, a distance of 331.50 feet;
THENCE over and across said Northwest I.S.D.tract,the following courses,and distances;
N 03°40'37" W, a distance of 115.30 feet to the south line of a sewer facility
easement, as filed in Instrument #2020-73914, D.R.D.C.T., for the POINT OF
BEGINNING of the centerline of a 0.5 feet wide easement encroachment of the
hereinafter described tract of land;
N 09°47'56"E, over and across said sewer facility easement, along the centerline of
said 0.5 feet wide easement encroachment, a distance of 35.05 feet to the north line
of said sewer facility easement and the end of said easement encroachment, and
containing 18 square feet of land.
i
Part 3
COMMENCING at a 5/8 inch iron rod with cap stamped"TNP",set at the southeast corner
of said Northwest I.S.D. tract, also being the most northeast corner of Lot 1X, Block 43,
Trails of Elizabeth Creek, an addition to the City of Fort Worth, Denton County, Texas, as
filed in Instrument#2020-226,Plat Records of Denton County,Texas(P.R.D.C.T.),and also
being in the west Right-of-Way(R-O-W) line of Chaplin Drive(60' in width), from which a
5/8 inch iron rod with cap stamped"LJA Surveying", found at the southwest corner of said
Northwest I.S.D.tract,also being in a north line of said Lot 1X,and also being the southeast
corner of Lot 33,Block 43, Trails of Elizabeth Creek, an addition to the City of Fort Worth,
Denton County,Texas,as filed in Instrument#2021-272,P.R.D.C.T.,bears N 77°05'23"W,
a distance of 766.33 feet;
THENCE N 77005'23" W, along the south line of said Northwest I.S.D. tract, and along a
north line of said Lot 1X, a distance of 331.50 feet;
THENCE over and across said Northwest I.S.D. tract,the following courses, and distances;
N 11'50'25" W, a distance of 121.68 feet to the south line of a sewer facility
easement, as filed in Instrument #2020-73914, D.R.D.C.T., for the POINT OF
BEGINNING of the centerline of a 2.0 feet wide easement encroachment of the
hereinafter described tract of land;
N 14°28'26"E, over and across said sewer facility easement,along the centerline of
said 2.0 feet wide easement encroachment, a distance of 35.01 feet to the north line
of said sewer facility easement and the end of said easement encroachment, and
containing 70 square feet of land.
Sheet 2 of 10
N W I 20492
Part 4
COMMENCING at a 5/8 inch iron rod with cap stamped"TNP", set at the southeast corner
of said Northwest I.S.D. tract, also being the most northeast comer of Lot 1X, Block 43,
Trails of Elizabeth Creek, an addition to the City of Fort Worth, Denton County, Texas, as
filed in Instrument#2020-226,Plat Records of Denton County, Texas(P.R.D.C.T.),and also
being in the west Right-of-Way(R-O-W) line of Chaplin Drive(60' in width), from which a
5/8 inch iron rod with cap stamped "LJA Surveying", found at the southwest corner of said
Northwest I.S.D.tract,also being in a north line of said Lot 1X,and also being the southeast
comer of Lot 33, Block 43, Trails of Elizabeth Creek, an addition to the City of Fort Worth,
Denton County,Texas,as filed in Instrument#2021-272,P.R.D.C.T.,bears N 77°05'23"W,
a distance of 766.33 feet;
THENCE N 77005'23" W, along the south line of said Northwest I.S.D. tract, and along a
north line of said Lot 1X, a distance of 563.18 feet;
THENCE over and across said Northwest I.S.D.tract,and over and across a drainage facility
easement, as filed in Instrument #2022-33474, D.R.D.C.T., the following courses, and
distances;
N 14'28'16" E, a distance of 49.53 feet, and S 75°31'44" E, a distance of 2.49 feet
to the POINT OF BEGINNING of the centerline of a 3.0 feet wide easement
encroachment of the hereinafter described tract of land;
S 759 V21"E,continuing over and across said drainage facility easement,along the
centerline of said 3.0 feet wide easement encroachment, a distance of 15.00 feet to
the easterly line of said drainage facility easement and the end of said easement
encroachment,and containing 45 square feet of land.
rart D
COMMENCING at a 5/8 inch iron rod with cap stamped"TNP",set at the southeast corner
of said Northwest I.S.D. tract, also being the most northeast corner of Lot 1X, Block 43,
Trails of Elizabeth Creek, an addition to the City of Fort Worth, Denton County, Texas, as
filed in Instrument#2020-226,Plat Records of Denton County, Texas(P.R.D.C.T.),and also
being in the west Right-of-Way(R-O-W) line of Chaplin Drive(60' in width), from which a
5/8 inch iron rod with cap stamped "LJA Surveying", found at the southwest corner of said
Northwest I.S.D.tract, also being in a north line of said Lot 1X,and also being the southeast
corner of Lot 33, Block 43,Trails of Elizabeth Creek, an addition to the City of Fort Worth,
Denton County,Texas, as filed in Instrument#2021-272,P.R.D.C.T.,bears N 77°05'23"W,
a distance of 766.33 feet;
THENCE N 77005'23" W, along the south line of said Northwest I.S.D. tract, and along a
north line of said Lot 1X,a distance of 563.18 feet;
THENCE over and across said Northwest I.S.D.tract,and over and across a drainage facility
easement, as filed in Instrument #2022-33474, D.R.D.C.T., the following courses, and
distances;
Sheet 3 of 10
NWI 20492
N 14'28'16"E, a distance of 102.71 feet;
N 3091'44"W, a distance of 237.69 feet;
N 14°28'16"E, a distance of 252.83 feet;
N 37°10'06"E, a distance of 93.85 feet, and N 52°49'54"W, a distance of 2.00 feet
to the POINT OF BEGINNING of the centerline of a 1.5 feet wide easement
encroachment of the hereinafter described tract of land;
N 52°49'54" W, continuing over and across said drainage facility easement, along
the centerline of said 1.5 feet wide easement encroachment,a distance of 8.00 feet to
the northwest line of said drainage facility easement and the end of said easement
encroachment, and containing 12 square feet of land.
Part 6
COMMENCING at a 5/8 inch iron rod with cap stamped"TNP", set at the southeast corner
of said Northwest I.S.D. tract, also being the most northeast corner of Lot 1X, Block 43,
Trails of Elizabeth Creek, an addition to the City of Fort Worth, Denton County, Texas, as
filed in Instrument#2020-226,Plat Records of Denton County, Texas(P.R.D.C.T.), and also
being in the west Right-of-Way(R-O-W) line of Chaplin Drive(60' in width), from which a
5/8 inch iron rod with cap stamped "LJA Surveying", found at the southwest corner of said
Northwest I.S.D.tract,also being in a north line of said Lot 1X,and also being the southeast
corner of Lot 33,Block 43, Trails of Elizabeth Creek, an addition to the City of Fort Worth,
Denton County,Texas,as filed in Instrument#2021-272, P.R.D.C.T.,bears N 77°05'23"W,
a distance of 766.33 feet;
THENCE N 77005'23" W, along the south line of said Northwest I.S.D. tract, and along a
north line of said Lot 1X, a distance of 563.18 feet;
THENCE over and across said Northwest I.S.D.tract,and over and across a drainage facility
easement, as filed in Instrument #2022-33474, D.R.D.C.T., the following courses, and
distances;
N 14'28'16"E, a distance of 102.71 feet;
N 30°31'44"W, a distance of 237.69 feet;
N 14°28'16"E, a distance of 252.83 feet;
N 37 10'06"E,a distance of 146.05 feet,and N 28°03'57"W,a distance of 3.57 feet
to the POINT OF BEGINNING of the centerline of a 1.5 feet wide easement
encroachment of the hereinafter described tract of land;
N 40°30'23" W, continuing over and across said drainage facility easement, along
the centerline of said 1.5 feet wide easement encroachment,a distance of 6.92 feet to
the northwest line of said drainage facility easement and the end of said easement
encroachment, and containing 10 square feet of land.
Sheet 4 of 10
N W I 20492
Part 7
COMMENCING at a 5/8 inch iron rod with cap stamped"TNP",set at the southeast corner
of said Northwest I.S.D. tract, also being the most northeast corner of Lot 1X, Block 43,
Trails of Elizabeth Creek, an addition to the City of Fort Worth, Denton County, Texas, as
filed in Instrument#2020-226,Plat Records of Denton County,Texas(P.R.D.C.T.),and also
being in the west Right-of-Way(R-O-W) line of Chaplin Drive(60' in width), from which a
5/8 inch iron rod with cap stamped"LJA Surveying", found at the southwest corner of said
Northwest I.S.D.tract, also being in a north line of said Lot 1X,and also being the southeast
corner of Lot 33, Block 43, Trails of Elizabeth Creek, an addition to the City of Fort Worth,
Denton County,Texas,as filed in Instrument#2021-272,P.R.D.C.T.,bears N 77°05'23"W,
a distance of 766.33 feet;
THENCE N 77005'23"W, along the south line of said Northwest I.S.D. tract, and along a
north line of said Lot 1X, a distance of 563.18 feet;
THENCE over and across said Northwest I.S.D.tract,and over and across a drainage facility
easement, as filed in Instrument #2022-33474, D.R.D.C.T., the following courses, and
distances;
N 14'28'16"E, a distance of 102.71 feet;
N 30°31'44"W, a distance of 237.69 feet;
N 14°28'16"E, a distance of 252.83 feet;
N 37'10'06"E, a distance of 146.05 feet;
S 85°51'30"E,a distance of 71.09 feet, and S 04°08'30"W, a distance of 10.00 feet
to a south line of said drainage facility easement for the POINT OF BEGINNING
of the centerline of a 1.0' feet wide easement encroachment of the hereinafter
described tract of land;
N 49°08'36"E, over and across said drainage facility easement, along the centerline
of said 1.0 feet wide easement encroachment, a distance of 28.29 feet to a north line
of said drainage facility easement and the end of said easement encroachment, and
containing 28 square feet of land.
Part 8
COMMENCING at a 5/8 inch iron rod with cap stamped"TNP",set at the southeast corner
of said Northwest I.S.D. tract, also being the most northeast corner of Lot 1X, Block 43,
Trails of Elizabeth Creek, an addition to the City of Fort Worth, Denton County, Texas, as
filed in Instrument#2020-226,Plat Records of Denton County,Texas(P.R.D.C.T.),and also
being in the west Right-of-Way(R-O-W)line of Chaplin Drive (60' in width),from which a
5/8 inch iron rod with cap stamped"LJA Surveying", found at the southwest corner of said
Northwest I.S.D.tract, also being in a north line of said Lot 1X, and also being the southeast
corner of Lot 33, Block 43, Trails of Elizabeth Creek, an addition to the City of Fort Worth,
Sheet 5 of 10
NWI 20492
Denton County,Texas,as filed in Instrument#2021-272,P.R.D.C.T.,bears N 77°05'23"W,
a distance of 766.33 feet;
THENCE N 77005'23" W, along the south line of said Northwest I.S.D. tract, and along a
north line of said Lot 1X, a distance of 563.18 feet;
THENCE over and across said Northwest I.S.D.tract,and over and across a drainage facility
easement, as filed in Instrument #2022-33474, D.R.D.C.T., the following courses, and
distances;
N 14°28'16"E, a distance of 102.71 feet;
N 30°31'44"W, a distance of 237.69 feet;
N 14'28'16"E, a distance of 252.83 feet;
N 37'10'06"E, a distance of 146.05 feet;
S 85°51'30"E,a distance of 123.37 feet, and S 04°08'30"W, a distance of 2.00 feet
to the POINT OF BEGINNING of the centerline of a 1.5' feet wide easement
encroachment of the hereinafter described tract of land;
S 04°08'36" W, continuing over and across said drainage facility easement, along j
the centerline of said 1.5 feet wide easement encroachment,a distance of 8.00 feet to
a south line of said drainage facility easement and the end of said easement
encroachment, and containing 12 square feet of land.
Part 9
COMMENCING at a 5/8 inch iron rod with cap stamped"TNP",set at the southeast corner
of said 'Northwest I.S.D. tract, also being the most northeast corner of Lot IX, Block 43,
Trails of Elizabeth Creek, an addition to the City of Fort Worth, Denton County, Texas, as
filed in Instrument#2020-226,Plat Records of Denton County,Texas(P.R.D.C.T.),and also
being in the west Right-of-Way(R-O-W)line of Chaplin Drive (60' in width), from which a
5/8 inch iron rod with cap stamped "LJA Surveying", found at the southwest corner of said
Northwest I.S.D.tract,also being in a north line of said Lot 1X, and also being the southeast
corner of Lot 33,Block 43, Trails of Elizabeth Creek, an addition to the City of Fort Worth,
Denton County,Texas,as filed in Instrument#2021-272,P.R.D.C.T.,bears N 77°05'23"W,
a distance of 766.33 feet;
THENCE N 77005'23" W, along the south line of said Northwest I.S.D. tract, and along a
north line of said Lot 1X, a distance of 563.18 feet;
THENCE over and across said Northwest I.S.D.tract,and over and across a drainage facility
easement, as filed in Instrument #2022-33474, D.R.D.C.T., the following courses, and
distances;
N 14°28'16"E, a distance of 102.71 feet;
N 3091'44" W, a distance of 237.69 feet;
Sheet 6 of 10
N W 120492
N 14°28'16"E, a distance of 252.83 feet;
N 37°10'06"E, a distance of 146.05 feet;
S 85°51'30"E, a distance of 253.65 feet,and S 04°08'30"W, a distance of 2.00 feet
to the POINT OF BEGINNING of the centerline of a 1.5' feet wide easement
encroachment of the hereinafter described tract of land;
S 04°08'30" W, continuing over and across said drainage facility easement, along
the centerline of said 1.5 feet wide easement encroachment,a distance of 8.00 feet to
a south line of said drainage facility easement and the end of said easement
encroachment, and containing 12 square feet of land.
Part 10
COMMENCING at a 5/8 inch iron rod with cap stamped"TNP",set at the southeast corner
of said Northwest I.S.D. tract, also being the most northeast corner of Lot 1X, Block 43,
Trails of Elizabeth Creek, an addition to the City of Fort Worth, Denton County, Texas, as
filed in Instrument#2020-226,Plat Records of Denton County, Texas(P.R.D.C.T.),and also
being in the west Right-of-Way(R-O-W)line of Chaplin Drive(60' in width), from which a
5/8 inch iron rod with cap stamped "LJA Surveying", found at the southwest corner of said
Northwest I.S.D.tract, also being in a north line of said Lot 1X,and also being the southeast
corner of Lot 33, Block 43, Trails of Elizabeth Creek, an addition to the City of Fort Worth,
Denton County,Texas, as filed in Instrument#2021-272,P.R.D.C.T.,bears N 77°05'23"W,
a distance of 766.33 feet;
THENCE N 77005'23" W, along the south line of said Northwest I.S.D. tract, and along a
north line of said Lot 1X, a distance of 563.18 feet;
1 HENCE over and'across said Noiu►West I.S.D.tract,and over and"across a drainage iaciiity
easement, as filed in Instrument #2022-33474, D.R.D.C.T., the following courses, and
distances;
N 14°28'16"E,a distance of 102.71 feet;
N 30°31'44"W, a distance of 237.69 feet;
N 14°28'16"E, a distance of 252.83 feet;
N 3710'06"E, a distance of 146.05 feet;
S 85°51'30"E, a distance of 313.38 feet, and N 04°08'30"E, a distance of 2.00 feet
to the POINT OF BEGINNING of the centerline of a 1.5' feet wide easement
encroachment of the hereinafter described tract of land;
N 04°08'30"E,continuing over and across said drainage facility easement,along the
centerline of said 1.5 feet wide easement encroachment, a distance of 8.00 feet to a
north line of said drainage facility easement and the end of said easement
encroachment, and containing 12 square feet of land.
Sheet 7 of 10
N W 120492
Part 11
COMMENCING at a 5/8 inch iron rod with cap stamped"TNP",set at the southeast corner
of said Northwest I.S.D. tract, also being the most northeast corner of Lot 1X, Block 43,
Trails of Elizabeth Creek, an addition to the City of Fort Worth, Denton County, Texas, as
filed in Instrument#2020-226,Plat Records of Denton County,Texas(P.R.D.C.T.),and also
being in the west Right-of-Way(R-O-W) line of Chaplin Drive(60' in width), from which a
5/8 inch iron rod with cap stamped "LJA Surveying", found at the southwest corner of said
Northwest I.S.D. tract, also being in a north line of said Lot 1X,and also being the southeast
corner of Lot 33,Block 43, Trails of Elizabeth Creek, an addition to the City of Fort Worth,
Denton County,Texas,as filed in Instrument#2021-272,P.R.D.C.T.,bears N 77°05'23"W,
a distance of 766.33 feet;
I
THENCE N 77005'23" W, along the south line of said Northwest I.S.D. tract, and along a
north line of said Lot 1X, a distance of 563.18 feet;
THENCE over and across said Northwest I.S.D.tract,and over and across a drainage facility
easement, as filed in Instrument #2022-33474, D.R.D.C.T., the following courses, and
distances;
N 14°28'16"E, a distance of 102.71 feet;
N 3091'44"W, a distance of 237.69 feet;
N 14'28'16"E, a distance of 252.83 feet;
N 3710'06"E, a distance of 146.05 feet;
S 85°51'30"E, a distance of 385.97 feet, and S 02°23'19"E, a distance of 3.19 feet
to the POINT OF BEGINNING of the centerline of a 1.5' feet wide easement
encroachment of the hereinafter described tract of land;
S 01°58'01" W, continuing over and across said drainage facility easement, along
the centerline of said 1.5 feet wide easement encroachment, a distance of 6.84 feet to
a south line of said drainage facility easement and the end of said easement
encroachment,and containing 10 square feet of land.
Part 12
COMMENCING at a 5/8 inch iron rod with cap stamped"TNP", set at the southeast corner
of said Northwest I.S.D. tract, also being the most northeast corner of Lot 1X, Block 43,
Trails of Elizabeth Creek, an addition to the City of Fort Worth, Denton County, Texas, as
filed in Instrument#2020-226,Plat Records of Denton County,Texas(P.R.D.C.T.),and also
being in the west Right-of-Way(R-O-W) line of Chaplin Drive(60' in width), from which a
5/8 inch iron rod with cap stamped "LJA Surveying", found at the southwest corner of said
Northwest I.S.D.tract,also being in a north line of said Lot 1X, and also being the southeast
corner of Lot 33, Block 43,Trails of Elizabeth Creek, an addition to the City of Fort Worth,
Denton County,Texas,as filed in Instrument#2021-272,P.R.D.C.T.,bears N 77°05'23"W,
a distance of 766.33 feet;
Sheet 8 of 10
NWI 20492
THENCE N 77a05'23" W, along the south line of said Northwest I.S.D. tract, and along a
north line of said Lot 1X, a distance of 563.18 feet;
THENCE over and across said Northwest I.S.D.tract,and over and across a drainage facility
easement, as filed in Instrument #2022-33474, D.R.D.C.T., the following courses, and
distances;
N 14°28'16"E, a distance of 102.71 feet;
N 30°31'44"W, a distance of 237.69 feet;
N 14°28'16"E, a distance of 252.83 feet;
N 3710'06"E, a distance of 146.05 feet;
S 85°51'30"E, a distance of 385.97 feet, and S 85°51'24"E, a distance of 3.50 feet
to the POINT OF BEGINNING of the centerline of a 1.5' feet wide easement
encroachment of the hereinafter described tract of land;
S 85°51'24"E,continuing over and across said drainage facility easement, along the
centerline of said 1.5 feet wide easement encroachment, a distance of 6.59 feet to an
east line of said drainage facility easement and the end of said easement
encroachment, and containing 10 square feet of land.
S T ERFO'-F
C7; ;tn
.............................
THERON W. SIMS
..y.....................y..
$A 5887
te: April 26, 2022
Theron W. Sims, R.P.L.S. ry •SUR���
Texas Registration No. 588
Surveyed on the ground April 5, 2022
1. Bearings of lines shown hereon refer to Grid North of the Texas Coordinate System of 1983
(North Central Zone; NAD83(2011) 2010.00) as derived locally from Allterra Central's
Continuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK) methods.
An average Combination Factor of 1.00015063 was used to scale grid coordinates and distances
to surface.
2. Integral parts of this survey:
a. Legal Description
b. Sketch
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EXHIBIT D
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 15 of 15
PN22-00041