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HomeMy WebLinkAboutContract 58151 Date Received: 09/30/2022 Permit Number: PN21-00162 Time Received: 8:28 am City Secretary No.:_ 58151 --_--- EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER 11 THIS AGREEMENT is made and entemd 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 EVERMAN FORT WORTH BUILDING 4 SPE,LLC, a Delaware limited liability company("Licensee"),acting by and through its duly authorized signatory. RECITALS WHEREAS, Licensee is the owner of the real property located at 450 Successful Drive, Fort Worth, Texas 76134("Property"),being more particularly described in the attached Exhibit"A"which is incorporated herein for all purposes;and WHEREAS,the City owns sanitary sewer easements,waternne easements, and a public drainage easement (together the"Easements")within the Property as shown in the plat records of Tarrant County as plat number-FP-20-016 and which is incorporated herein r'or-all purposes as the attached Exhibit"B"; and WHEREAS, Licensee desires to construct, place, and maintain certain improvements which will encroach in,on,above,or below the Easements; 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 Easements 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 private storm line,private fire hydrant assembly and retaining wall (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within the Easements. Licensee shall not expand or otherwise cause the Encroachment to further- infringe in or on the Easements beyond what is specifically described in Exhibit"C." OFFICIAL RECORD Tier I I Easement Encroachment Agreement Page 1 of 14 CITY SECRETARY PN21-00162 FT.WORTH,TX Z. All construction, installation, maintenance, and operation of the Encroachment and the use or occupancy of the Easements shall comply with and be performed in strict compliance with this Agreement and with the charter,ordinances,codes,and policies of the City. 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 Easements, 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 the Easements, 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 Easements 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 Easements; 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 Easements 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 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 Easements, Licensee hereby gives City permission to remove the Encroachment and any supporting structures from the Easements, to restore the Easements,and to assess a lien on the Property for the costs expended by the City in taking such actions. Tier lI Easement Encroachment Agreement Page 2 of 14 PN21-00162 Revised 11/2020 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 Easements 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. 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: (i) when the Notice is delivered via certified mail. If any date or period provided in this Agreement ends on a Saturday, Sunday, or legal holiday, the applicable period fbr calculating notice shall be extended to the first business day fallowing 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 Development Services Department 200 Texas Street Fort Worth TX 76102 Attention: Director of Development Services To Licensee: Everman Fort Worth Building 4 SPE, LLC c/o ASB Capital Management LLC 7501 Wisconsin Avenue,Suite 130OW Bethesda, MD 20814 Attn:Nicolas Franzetti with a copy to: Raines Feldman 1800 Avenue of the Stars, 12th Floor Los Angeles,CA 90067 Attention:Eric Blum Tier I1 Easement Encroachment Agreement Page 3 of 14 PN21-00162 Revised 1 V2020 with a copy to: DLA Piper 33 Arch Street 26th Floor Boston, Massachusetts 021 10-1447 Attn: Barbara A. Trachtenberg 9. It is further understood and agreed between the parties hereto that the Easements to be used and encroached upon is held by City as trustee for the public; that City exercises such powers over the Easements 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 Easements for the use and benefit of the public. It is accordingly agreed that if the goveming body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the Easements 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. 10. 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 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. 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. 11. While this Agreement is in effect, Licensee agrees to fumish 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 the Easements as located and described in Exhibit"C"The amounts of such insurance shall be not less than Tier II Easement Encroachment Agreement Page 4 of]4 PN21-00162 Revised 11/2020 $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 Easements. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. 12. 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 reai 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. 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 Encrwchment and use of the Easements. 14. 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. 15. 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 respondent 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. 16. 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 Easements and is not a conveyance of any right, title,or interest in or to the Easements, nor is it meant to convey any right to use Tier II Easement Encroachment Agreement Page 5 of 14 PN21-00162 Revised 11/2020 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. 17. 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. 18. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. 19. 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. 20. 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. 21. This Agreement shall be binding upon the parties hereto and their successors and assigns. 22. 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] Tier I I Easement Encroachment Agreement Page b of 14 PN21-00162 Revised 1 1/2020 City: Licensee: CITY OF FORT WORTH EVE,RMAN FORT WORTH BUILDING 4 SPE,LLC a Delaware limited liability company By: Everman Fort Worth Industrial Venture, LLC, a Delaware limited liability company, its sole member By: CAM Capital 439 LLC, a Delaware limited liability company, U1 Iiorrrll6S p 25. V7 28 C71] its manager D.J. Harrell, Director, Development Services Department B : Jason Haas, Authorized Signatory Date: Sep 28, 2022 Date: Von�4.annApn� p oE".0004 a� ATTEST: �A,a op 0� Approved As To Form and Legality p~° a�•� �vo 021 o d Tannatiq S_Goodall y5� ° Jannette S.Goodall(Sep 29,2022 14;35 COTI 00000000 .CY NX A'�44' Jannette Goodall, Thomas Royce Hansen City Secretary Assistant City Attorney Date: Sep 29, 2022 Date: Sep 27, 2022 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. Ma t E#X on 6eha f of Matt 7illyan behalf of;5ep 27.2022 17:18 C77j Janie S. Morales Development Services Date: Sep 27, 2022 OFFICIAL RECORD CITY SECRETARY Tier II Easement Encroachment Agreement Page 7 of 14 FT.WORTH, TX PN2 l-00162 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME,the undersigned authority,a Notary Public in and for the State of Texas,on this day personally appeared D.J.Harrell,known to me to be the person whose name is subscribed to the foregoing instrument,and acknowledged to me that he executed the same for the purposes and Consideration therein expressed,as the act and deed of the City of Fort Worth,and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 28th day of September , 20 22 . Wendy L. Digitally signed by Wendy L.Beardslee Beardslee Date:2022.09.2815:4952 QY���( WENDY L BEARDSLEE 05,00, z Notary Public Notary Public in and for the State of Texas y STATE OF TEXAS P Notary I.D. 13323719.3 OF My Comm. Exp. July 28, 2C25 After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II Easement Encroachment Agreement Page 8 of 14 PN21-00162 Revised 11/2020 LICENSEE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy,or validity of that document. STATE OF CALIFORNIA§ COUNTY OF LOS ANGELES § On k 2022, before me, �+�� . �Y� , Notary Public-personally appeared Jason Haas, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the entity upon nehalf of which the person acted,executed the instrument. I certify under PENALTY OF PERJURY i he laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. JOANNE TRAM Notuy Publk.CANforals Los Anmmis loa 23545' S i nature of Notary Pub is Cammlulan i 23'1457i g Y *my Cam m.EWm Apr 16,2025 r OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX AGREEMENT OF LENDER Brightliouse Life Insurance Company,a Delaware corporation ("Lender"), is the beneficiary of a Deed of Trust, Security Agreement and Fixture Filing (the "Deed of Trust") encumbering Licensee's property which was recorded September 30, 2021 under Tarrant County Official Public Records No. D221285636. Licensee and the City have informed Lender that the Deed ❑f Trust encumbers all or a portion of the Property on which the Easement is located. Lender does not object to said Easement as so described. The Deed of Trust is hereby Subordinated to said Easement only such that said Easement as so described shall not be extinguished by foreclosure of the Deed of Trust or voluntary transfer in lieu of such foreclosure. This agreement shall be binding upon and inure to the benefit of Lender and its successors and assigns as beneficiary under the Deed of Trust. BRIGHTHOUSE LIFE INSURANCE COMPANY, a Delaware corporation By: MetLife Investment Management, LLC, a Delaware limited liability company, Its Investment Manager By: :cam Name: Jam, N 1--A i i t Title- Authorized Signatory OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ACKNOWLEDGMENT STATE OF Le .t } ) s5. COUNTY OF The foregoing instrument was acknowledged before me this day of AA4LAj-t 2022, by '.ice t{Y.t i the �vf<, of ru, . L.L on behalf of the -r`h�RrvV'!yt KATFIRYN DAHL Notary Public Notary Public,State of Texas s Camm Expires 06.06.2023 s'ry w„`•' Notary 1D 1320421 27 My Comm Fxpires: 4 '- OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX EXHIBIT A Description of the Licensee's Property D221221710 Page 5 of 9 EXHOIT A TO SPECIAL WARRANTY DEER] Real Property Legal Description TRACT 1 FINAL PLAT LOT 3, BLOCK 1 SOUTHLAND BUSINESS PARK ADDITION, a subdivision in Tarrant County, Texas according to the map or plat thereof recorded in Instrument# D220093349 Tarrant County Clerk Official Public Records. TRACT 2 Easement Estate created by that certain ROAD AND SLOPE EASEMENT AGREEMENT dated April 28, 2020, executed by Hickman Family Limited Partnership, a Texas limited partnership in favor of Fort Worth EvermanlRisinger Development LLC, a Texas limited liability company, recorded at 0220115887 Official Public Records Tarrant County,Texas. TRACT 3: Easement Estate created in Declaration of Reciprocal Easements and Restrictions by Fort Worth EvermanlRisinger Development, LLC as set forth in instrument recorded under Clerk's File No.r:;2t]'2ZL22gAOfcial Records of Tarrant County,Texas. ui IC�Ii',fSMY�O![10Y61]-Fxt GaexMnn1a0a0[IiCMA YAP] zAOI 0]p ]�]7qm [K abf11-GtleamnwLd.p vl[aso50.dp rJy�1A p naWFaEwda�wllrLl.dp wU-Ol.d•0•1lwm-ll.d+0 urM1le-p40�1f>aMf��+dM asNtYl.eq dt�[rea[-eRl�p aoxun-Al.+ay vllrAl-be rwddK•YIIS:6Rdry W!1_Wl.dry Lml� c n zn Q easF auRlwc>lore V o NDk1f1EAH V CTl Aim_ PRxYE %N A49ER C V) RONALW T1 Ti g aQ Y PRARIEVIEw a �` z+a IN A A Z ■■^■J m SUNRISE � Y � ELO o p 1 1 v i u h1AgBDRouG�, ' T c � P1HE11uRST '� � IJVI / T U 1 u z R F �X X A m-u Z L/ �]0 nPEBN F Rom p 7 pY � Sp4J{1{WESti �� Z Z❑ 2 � • l w Rof'S� z AS ■/v/71 Z O y A * y � .d N Z �F p y A R DALE L5 n inC1 1 � a spy �� c mLYno�oA� m BI1ftLE50N CARoINAL. £ O D lIN3 rn O OLDaURLESON F WILL ROGERS WAY O VVV AY o � � � u OAK GROVE x TTI Y W r Q r�o 0 EXHIBIT B Depiction of the Easements Sid ! Fer ] f¢¢ 1. } Ee � Ila .�{ �•�� r EEr f } .s 5a � � b � i __� � a r }} • 4■ .! SUCC Ault ESSFULORIVE• — — ----------------------------- — — -- { If a ! all 19 ill; f � 1 ogf j all . 1 44 gp n p{ y r 11 II # $ i ' Ali itIt —=-------------------------—--- -- --------- -- ------------ --- --�� a i; lry-------------------------E ---- --------- --------------- --- --- !i 9E $ $gig m .uc II 3 II o:+su•w..uo yT 1 {� E 1 i ! ° ■a,i 3 ----' --- 11 ; I ; P r - -' - -- , + ! 'I f11 Ill wt 11 it Pl1R OF 1� ��± i {� It -- 1O11R;KObf1 1 LOi,MPAOM ! 3 LO1rt irNl lAOM]iW 11 �I lOnlfiM 9aldYMlpi I� 4 � I }] 6 fEll g ff 1 _ _ t r j I-1 tell i f r i s i •� ! � � a l of � 1€ � • � .� _ i � ' { F ■� at� Soil r+i Ff2Eg { m o � ig e{ 1 j 41 fir i v 33 .IE E y� 3 r L' �i IN I r, 1 E[ [ [ :if lF[ i E �{ aE Ef f #= `,, ft [ [ c[E ° $ rl' C':. °' { ! { E �F F •� € }F • � � 1E 1{ !� 1F [[E � i IE �E 1 bra •��€ � gy e � r� i �a E { "E r �i a { 1 !• ��~ II � � �� ! 4 E ° { 4 �[ 9Il� ���9{� ti O N]S�W 4 g 1 {I � a{ � �1 � i� Q • a •3 � � { r° 1V ~ W =a [7 fi ri iY F ` i [_ , {i i j• } [ ! f 4(}n i i (s IN it EXHIBIT C Depiction and description of the Encroachment n: 1�ea617-ven wyy Seuw 9do 6- V aiwWY�+cwWW1jnuwa+ u, pp �E-Me vcv Feuwa.nanew[v/oxWwuvrt wn f!R v x/l slTn� a:3aym 1hM1c 1�5 1-G�noedrnnlAY allur10.i�9 wllaxl0.♦.Y AwlFWnwf d[r�Gd�p a1f-�I.drp��femrbAd�Y umla-�Rv�p�n-H.uM uvll�-��.eR dl�wwE-6Ai�V�m�mn-��e�0 vk�-�F�e r^^eJ�9�l��Aip aSuS�J4�9 Mavxc Z � > C7 � Cm!] 200 � >x mIL - �' D � C n D D mx moo > ❑ ITl � _ z z > Z zm� � � mi � U3r 1 ❑ -u :{] 1 -� � � C m ID D I z > Z0 mm-� � D �Q R -- - _...- ._.. m TIM Ch � m Om I aX I � zM Lmz mm I �m m � Nm o oz � C) � _ _ ccno ❑ > — off - ❑ m -i va M n (n —Z mug ❑ m Z "I QnZ0G7 - — - I :: nm H _ � a I H--} -f - I— 1—� - I � Z > Z C7 Q -3 0 �0§ �m � © � -A � s - m m - I m m(n Am I oA r m W 2 a n M mm z cA — -� — A rn - — - n I____ C r o; m o C m I G) R7 m� n z N o I s > �- 4.7 .....-. � — V Co..mr I p co71z � m w I CD 2 o I II Cz � 4mY a CC) C7 �..�..... a m o c� m wu Oo > - C7 Wna N � � � �D o oo � II II W �m m �o Fn m :.I�..' -0 Co m rj Z j m 2 � z • I.�: II was I � � � a ��MII-fnaw lN* 1;a ti liR pO 9d,�5\ a b%XA 119-N Mop FnupoW�lawp N(apApntT11 W3[�7 P]] 3/16/3C33 JW3pn M IYP�9 dXF04.Qp Mlil j elle tgn elwnftYldH � •.nHrYl.iq vll�Ie0e1-Yl.p�p xwtmm-1{.Mp WIrYFb�rwf.mp adk.yl Un I \ cnU3O I � I 02c ;a I¢ 1� ° U) zmm �( Q ' > 0 I k I II I -- — -- 13 J ! I m m 1. A -nm =on IT =r.� — — z:l41 -�- I —I W _ Ccn r omC, C/) Z � Dno0 � a mz o r ❑ m + n m m �m z O �.p T Z M Z M m zmii:m a� n Z m+z W mn � gz 1 v 0:) p y r I I NNm � -- � r.� r- C a GII §. z nnacon � m0 C. 1 G7 III �oc �az � m � � � � � ti III -�"i m cmi� Z M ) 3l --'�- 0 CD czco0 Non 0 I > O —I C ,. I � s ozC41m m I' � CD C � r- z : 1 71 I z : : I m � z � � m f LEGAL DESCRIPTION TRACT 1 BEING a 300 square Foot (0.0069 acre)tract of land situated in the James J. Scott Survey, Abstract No. 1449, City of Fort Worth,Tarrant County,Texas; said tract being part of that tract of land described in Special Warranty Deed to Fort Worth EvermanlRisinger Development, LLC described in Instrument No. D217118440, Official Public Records of Tarrant County, Texas; said tract being more particularly described as follows: COMMENCING at a 1/2-inch iron rod found for the southwest corner of Lot 1, Block 1 Payless Cashways No. 1, an addition to the City of Fort Worth, Texas according to the plat recorded in Volume 388-76, Page 24, Plat Records of Tarrant County, Texas; THENCE North 0°20'38"West, along the west line of said Lot 1, a distance of 58.28 feet to a point; from said point a 518-inch iron rod with cap stamped "CARTER & BURGESS" found bears North 02°34'53" West, a distance of 217.30 feet; THENCE departing the said west line of Lot 1, South 89033'09"West,a distance of 409.02 to a paint; THENCE South 0°26'51" East, a distance of 35.00 feet to the POINT OF BEGINNING; THENCE the following four(4)calls: South 0*26'51" East, a distance of 15.00 feet to a point for corner; South 89e33'09"West, a distance of 20.00 feet to a point for corner; North 0e26'51"West,a distance of 15.00 feet to a point for corner; North 89°33'09" East, a distance of 20.00 feet to the POINT OF BEGINNING and containing 300 square feet or 0.0069 acres of land. TRACT 2 BEING a 412 square foot(0.0095 acre)tract of land situated in the James J. Scott Survey, Abstract No. 1449, City of Fort Worth,Tarrant County,Texas; said tract being part of that tract of land described in Special Warranty Deed to Fort Worth EvermanlRisinger Development, LLC described in Instrument No. D217118440, Official Public Records of Tarrant County,Texas-, said tract being more particularly described as follows: COMMENCING at a 112-inch iron rod found for the southwest corner of Lot 1, Block 1 Payless Cashways No. 1, an addition to the City of Fort Worth, Texas according to the{plat recorded in Volume 388-76, Page 24, Plat Records of Tarrant County, Texas; THENCE North 0°20'38"West, along the west line of said Lot 1, a distance of 68.28 feet to a point; from said point a 5/8-inch iron rod with cap stamped "CARTER & BURGESS" found bears North 02034'53" West, a distance of 217.30 feet; THENCE departing the said west line of Lot 1, South 89°33'09"West, a distance of 607.02 to a point; THENCE South 0°26'51" East, a distance of 35.00 feet to the POINT OF BEGINNING; CONTINUED ON SHEET 2 EASEMENT ENCROACHMENT JAMES J. SCOTT SURVEY!, ABSTRACT NO. 1449 CITY OF FORT WORTI4 y TARRANT COUNTY, TEXAS Kimlev* Horn 001 chaffy Slreel.Unll 11,#1300 1 Tel.No.(817)335.6511 Fort Worlh,Texas 76102 FIRM#10194040 wwwArmley-hom,cokn,- Scale Prawn by Checked 6v O�tn Am ecl NO. ShNIA JBH Mc6 12I612019 061282615 1 HOPPER,BRAOIN 12/612019%0:10 AM K.1FTW SURVEY1061282615-FORT WORTH SOUTH-WATTSWWGV0612a2615-FORT WORTH SOUTH-WATTS_EX ESMT ENCR 2.OWG LEGAL DESCRIPTION(CONTINUED) THENCE the following four(4)calls: South 0e26'51" East, a distance of 15.00 feet to a point for corner; South 89°33'09"West, a distance of 27.5 feet to a point for corner; North 0'26'51"West, a distance of 15.00 feet to a point for corner; North 89°33'09" East, a distance of 27.50 feet to the POINT OF BEGINNING and containing 412 square feet or 0.0095 acres of land. TRACT 3 BEING a 300 square foot (0.0069 acre) tract of land situated in the James J. Scott Survey, Abstract No. 1449, City of Fort Worth,Tarrant County,Texas; said tract being part of that tract of land described in Special Warranty Deed to Fort Worth Everman/Risinger Development, LLC described in Instrument No. D217118440, Official Public Records of Tarrant County,Texas; said tract being more particularly described as follows: COMMENCING at a 112-inch iron rod found for the southwest corner of Lot 1, Block 1 Payless Cashways No. 1, an addition to the City of Fort Worth, Texas according to the plat recorded in Volume 388-76, Page 24, Plat Records of Tarrant County,Texas; THENCE North 0020'38"West, along the west line of said Lot 1, a distance of 58.28 feet to a point; from said point a 5/8-inch iron rod with cap stamped "CARTER & BURGESS" found bears North 02°34'53" West, a distance of 217.30 feet; THENCE departing the said west line of Lot 1, South 89'33'09"West,a distance of 805.02 to a point; THENCE South 0e26'51" East, a distance of 35.00 feet to the POINT OF BEGINNING; THENCE the following four(4)calls: South 0°26'51" East, a distance of 15.00 feet to a point for corner; South 89033'09"West,a distance of 20.00 Feet to a point for corner; North 0e26'51"West, a distance of 15.00 feet to a point for corner; North 89°33'09" East, a distance of 20.00 feet to the POINT OF BEGINNING and containing 300 square feet or 0.0069 acres of land. TRACT 4 BEING a 300 square foot(0.0069 acre)tract of land situated in the James J. Scott Survey, Abstract No. 1449, City of Fort Worth, Tarrant County,Texas; said tract being part of that tract of land described in Special Warranty Deed to Fort Worth Everman/Risinger Development, LLC described in Instrument No. ❑217118440, Official Public Records of Tarrant County, Texas; said tract being more particularly described as follows: EASEMENT ENCROACHMENT CONTINUED ON SHEET 3 JAMES J. SCOTT SURVEY, ABSTRACT NO. 1449 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS Kimlev* Horn 001 Cherry Steal,Unil i 1,IF 1700 1 Tel.No.(817)335-6511 Fort Worth,Texas T5102 FIRM 010194040 www.Wrnlay-hom.corn 5S1e Clam by I Checked 6v I bale Pmlec!No" Sheol No. NIA J9H MC9 12,112019 061252016 2OF7 HOPPER,0RADIN 1W12018 10:10 AM K:1FT1N SURVEYW61262615•FORT WORTH 6OUTH-WATTSIOWG1061282515-FORT WORTH SOUTH-WATTS_EX—ESMT ENCR 2.0WG LEGAL DESCRIPTION (CONTINUED) COMMENCING at a 112-inch iron rod found for the southwest corner of Lot 1, Block 1 Payless Cashways No. 1, an addition to the City of Fort Worth, Texas according to the plat recorded in Volume 388-76, Page 24, Plat Records of Tarrant County,Texas; THENCE North 0°20'38"West, along the west line of said Lot 1, a distance of 68.28 feet to a point; from said point a 5/8-inch iron rod with cap stamped "CARTER & BURGESS" found bears North 02°34'53" West, a distance of 217.30 feet; THENCE departing the said west line of Lot 1, South 89°33'09"West, a distance of 1072.52 to a point; THENCE South 0°26'51"East, a distance of 35.00 feet to the POINT OF BEGINNING; THENCE~the following four(4)calls: South 0°26'51" East, a distance of 15,00 feet to a point for corner; South 89033'09"West, a distance of 20.00 feet to a point for corner; North 0°26'51"West, a distance of 15.00 feet to a point for corner; North 89'33'09" East, a distance of 20.00 feet to the POINT OF BEGINNING and containing 300 square feet or 0.0069 acres of land. NOTES: Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone(4202). A survey plat of even survey date herewith accompanies this metes and bounds description. The undersigned, Registered Professional Land Surveyor, hereby certifies that foregoing description accurately sets out the metes and bounds of the encroachment tracts. EASEMENT ENCROACHMENT JAMES J, SCOTT SURVEY, ABSTRACT NO. 1449 ��Q`•''••('ylST €CHAFE C. BILLINGSLEY CITY OF FORT WORTH, REGISTERED PROFESSIONAL TARRANT COUNTY, TEXAS LAND SURVEYOR NO.6558 MICHAEL CLEO BILLINGSLEY 801 CHERRY STREET, UNIT 11 SUITE 1300 ' 'O 6558 KimIL * Horn FORT WORTH,TEXAS 76102 rq'���SgS��C d4 PH. 817-335-6511 �� r, U p e� Fart Wort601 h Tens 761102 11,�73 FIRM N 10194040 00 Al TWvmXmey-h m.earnl michael.billingsley@kimley-horn.com n scale 1 Drawn W I chocked W I Data I Pro led No Sheet No, NIA JBH MCB I 12mrzo19 I 0612a2615 1 301`7 HOPPER,BRAOIN 12f612019 10:10AM K:IFTW_SURVEYW61262515-FORT WORTH SOUTH-WATTSIDWOI061202615-FORT WORTH SOU TH-WATTS_E7,_ESMTENCR 2.DWO LEGEND ———— 518"IRFC"CARTER P.O.C.=POINT OF COMMENCING &BURGESS"(C.M.) P.O.B.=POINT OF BEGINNING y {NORTH IRF-IRON ROD FOUND I` IRFC=IRON ROD WITH CAP FOUND 4 0 30 80 C.M.=CONTROLLING MONUMENT 4 ` GRAPH IC SCALE IN FEET LINE TABLE M hrl NO. 13EARING LENGTH cv L1 S00°26'51"E 16.00' � L2 S89°33'09"W 20.00' z4 LOT 1, BLOCK 1 L3 N00°26'51"W 16,00' l PAYLESS PART OF CASHWAYS NO. 1 L4 N89°33'09"E 1 20.00' FORT WORTH EVERMANI RISINGER DEVELOPMENT, LLC (VOL. 3$$-76, PG. 24} (INST. NO. D217118440) _ S89°33'09"W 409.02- n — — �� P.Q.B. SO°26'61"EL4 I�--�� NO°20'38'W 35.00' {TRACT 1) I F I 58.28' ---- _ --------� Z l 112"IRF(C.M.) Ly PROPOSED FUTURE L2 15'SANITARY I N pC 2 SEWER EASEMENT I O w- P.O.C. — ———— EL SEPARATE I W INSTRUMENT} � l (TRACT 1-4) y PART OF INS a� a. TRACT 1 I ¢N I LOT 1 R-1, BLOCK 1 0.0069 ACRES I N m I I LONE STAR 300 SCE. FT, I I SUBDIViS10N I (VOL. 388-123, PG. 58) NOTES: Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone(4202). A metes and bounds description of even survey date herewith accompanies this survey plat. The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey plat accurately sets out the metes and bounds of the encroachment tracts. EASEMENT ENCROACHMENT / JAMES J. SCOTT SURVEY, �Q�EGOT TE� ABSTRACT NO. 1449 MICHAEL C. BILLINGSLEY �: �` s CITY OF FORT WORTH, REGISTERED PROFESSIONAL ' LAND SURVEYOR NO,6558 TARRANT COUNTY, TEXAS MICHAEL OLEO BILLINGSLEY 801 CHERRY STREET, UNIT 11 SUITE 1300 �� ,0 655$ P.,•;� .. Kimlev* Horn FORT WORTH,TEXAS 76102 �q �O�E551� �'04 ti %..........•' -L 001 ChanyStreal,u"a 11,a 1300 7e1.No. StzJJ335-511 PH.817-335-6511 p S U R V E Fort Worth.Texas 16102 FIRMN10191040 www.kfm4@y ham.cv n michael.billingsley@kimley-horn.com tale I Cram^hv I Chockedhr Oale I ProleelNo. s e rJo 1•=60' JSH Mcs 1?15ln-I. 081282615 d OF 7 HOPPER,BRAOIN 1ZV2019 10:10 AM K:1FTW—SURVEY1061202615-FORT WORTH SOUTH-WATTS10WG10 61 28 2 61 5•FORT WORTH SOUTH-WATTS—EX—ES MT ENCR 2.DWG LEGEND — — 518"IRFC"CARTER P.O.C.=POINT OF COMMENCING &BURGESS"(C.M.) P.O.B.=POINT OF BEGINNING NORTH IRF-]RON ROD FOUND IRFC=IRON ROD WITH CAP FOUND U 30 66 C.M.=CONTROLLING MONUMENT y GRAPHIC SCALE IN FEET LINE TABLE Yl CV I NO. BEARING LENGTH L5 500°26'51"E 15.00' LB 589°33'09"W 27.56' zi LOT 1, BLOCK 1 L7 N00°26'51"W 15.00' I PAYLESS PART OF CASHWAYS NO. 1 L8 N89°33'09"E 27.50' FORT WORTH EVERMANI RISINGER DEVELOPMENT, LLC (VOL' 3$8-��' PG. 24) (INST. NO. D217118446 ` _ S89°33109"W 6117.02' P.Q.B. SO"26'51"E� �� N0020138"W 35.00,L$ (TRACT 2) ww 1 i 58.28' -- — - ----- -I �ww I 112"IRF(C.M.) PROPOSED FUTURE n L6 15'SANITARY I I r——- SEWER EASEMENT 1 a� { P.O.C. ————— SEPARATE i INSTRUMENT} i (TRACT 1-4) i I PART OF INS a} TRACT j I E LOT 1 R-1, BLOCK 1 NE STAR 0.0095 ACRES I inI 1 SUBDIVISION 412 SQ. FT. (VOL. 388-123, PG. 58) I � � EASEMENT ENCROACHMENT ,LAMES J. SCOTT SURVEY, ABSTRACT NO. 1449 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS Kimlev))) Horn 801 Cherry S 130 treal.unit 11.80 1 Tel.No.(617)335-6S11 FOA Worlh,Texas 76102 FIRM#10194040 wymklmley-ham,cam s;a�la flrarm 6y Checked 6r Date Pmiect No, I Shee No JBH k1CB 121672p19 061282015 5 OF 7 HOPPER.BRAOIN 12/612018 10;10AM K.TTW_SURVEYW51282615•FORT WORTH SOUTH-WATTS0WG%0612826IS-FORT WORTH SOUTH-WATTS_EKESMTENCR 2.13WG LEGEND — 5I8"IRFC"CARTER P.O.C.=POINT OF COMMENCING &BURGESS"(C.M.) P,O,B.=POINT OF BEGINNING NORTH IRF-IRON ROD FOUND IRFC=IRON ROD WITH CAP FOUND C.M.=CONTROLLING MONUMENT D 3D 6U I GRAPHIC SCALE IN FEET 6 Cis LINE TABLE NO, BEARING LENGTH L9 SOO°26'51"E 15.00' �i L10 S89°33'09"W 20.OW zy LOT 1, BLOCK 1 L11 NOD°26'51"W 15.00, I PAYLESS PART OF } CASHWAYS NO. 1 L12 N89°33'D9"E 20.00' FORT WORTH EVERMAN/ V RISINGER DEVELOPMENT, LLC (VOL. 3$8-76, PG. 24} (INST. NO. D217118440) S89°33'09"W 1105.02' SO°26'*�Ll " I-•--��� NO°2D'38"W 3 {TRACT 3) I w 58.28' -- p WI112"IRF{C.M.) —� 1PROPOSEDFUTURE 15'SANITARY U)a z I SEWER EASEMENT I a La- P.O Cj 1 I --———--- —' (BY SEPARATE f W N I (TRACT 1-4) PART OF INSTRUMENT) a I CL TRACT 3 k LOT 1 R-1, BLACK 1 0.0069 ACRES I m I I LONE STAR SUBDIVISION 300 SQ. FT. j (VOL. 388-123, PG. 58) I I , t i EASEMENT ENCROACHMENT JAMES J. SCQTT SURVEY, ABSTRACT NO. 1449 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS Kimlev* Horn- 001 Cherry 5tr6e1,Unit 11,M 1300 Tel,ND.{M)3354511 FortWaAh,Texas 76102 RRMH10194040 WWw.klml6y-hUA."In Scale I Dra�_h+� Checked by I Dale Pro act No. Sheet No. 11=60' JBH MCB 1216/2019 061282615 6 OF 7 HOPPER,BRADIN 1 2161201 9 10!10AM K:1FTW_SURVEYl061262615-FORT WORTH SOUTHMATTSIOWG1061282615•FORT WORTH SOUTH-WATTS-EX-ES MT ENCU.DWG I I &'BURGESS"(C.M.) NORTH I i1 0 30 60 i I I TEMPORARY { TURNAROUND EASEMENT - GRAPHIC SCALE IN FEET {INST.NO.0217152174) 9 1 WLn a1 to�: l � LOT 1, BLOCK 1 I PAYLESS i I J i PART OF CASHWAYS NO. 1 ono z i FORT WORTH EVERMANJ (VOL. 388-78, PG. 24) i RISINGER DEVELOPMENT, LLC bz (INST. NO. ❑21711844D) i S89°33'09'W 1072.52' _ P,0.B� 80°26'51"E M NO°20'38"W 35.OD' L16r (TRACT 4) I w I— I 58.28' — 4 r - — - w ZI 112"IRF[C.M.] L1 -------- �w5 l PROPOSED FUTURE w I 15'SANITARY i �14 SEWER EASEMENT I o,.w I P.O.C. I ------ ---- ( SEPARATE ow PART OF ' INSTRUMENT) i I (TRACT 1-4) i l i TRACT 4 I W I 1 LOT 1R-1, BLOCK 1 1 1 i �� I i t 0.0069 ACRES I co m I I LONE STAR l i 300 SQ. FT. i a i I SUBDIVISION i t I I i t (VOL. 388-123, PG. 58) I 1 15'WATER EASEMENT I �(INST.NO.D21715283) LEGEND P.O.C.=POINT OF COMMENCING i P.O.B.=POINT OF BEGINNING l I IRF-IRON ROD FOUND 1 LINE TABLE IRFC=IRON ROD WITH CAP FOUND i C.M.=CONTROLLING MONUMENT i I NO, BEARING LENGTH L13 SOO°26'51"E 15.00' L14 s89°33'09'w 20.00' EASEMENT ENCROACHMENT JAMES J. SCOTT SURVEY, i I L15 N00°26'51"W 15.00' ABSTRACT NO. 1449 L1fi NB9"3T09"E 20,00' CITY OF FORT WORTH, i I TARRANT COUNTY, TEXAS 1 � ` Kimlev* Horn 001 Cherry Street,Unit 11.M 1 000■ Tel.No.(817)335-6511 Fart Worth,Texas 76102 FIRM 11 10194040 wwwAlmleyhom wai Stale P2wn hj I Cocked bfv I Data Protect No, Sheet Nv. 1'=60' J BH I MC 3 I 121fil2019 081282616 70177 HOPPER,BRADIN 121812019 1D:10 AM K:VTW_6URVEYW61262615•FORT WORTH SOUTH-WATTSk0WG10612B2615-FORT WORTH SOUTH•WATTS EX_ESMT ENCR 2.DWG LEGAL,DESCRIPTION EASEMENT ENCROACHMENT BEING a 800 square foot (0,0184 acre) tract of land situated in the James J. Scott Survey, Abstract No. 1449, City of Fort Worth,Tarrant County,Texas; said tract being part of that tract of land described in Special Warranty Deed to Fort Worth Everman/Risinger Development, LLC described in Instrument No. D217118440, Official Public Records of Tarrant County, Texas; said tract being more particularly described as follows: COMMENCING at a 1/2-inch iron rod found for the southwest corner of Lot 1, Block 1 Payless Cashways No. 1, an addition to the City of Fort Worth, Texas according to the plat recorded in Volume 388-76, Page 24, Plat Records of Tarrant County,Texas; THENCE North 0°20'38"West, along the west line of said Lot 1, a distance of 58.28 feet to a point for corner; from said point a 5/8-inch iron rod with cap stamped "CARTER & BURGESS' found bears North 02034'53" West, a distance of 217.30 feet; THENCE departing the said west line of Lot 1, South 89°33'09"West, a distance of 100.02 to a point for corner; THENCE South 0°26'51" East, a distance of 75.50 feet to the POINT OF BEGINNING; THENCE South 0°26'51" East,a distance of 20.00 feet to a point for corner; THENCE South 89°33'09"West,a distance of 40.00 feet to a point for corner; THENCE North 0°26'51"West, a distance of 20.00 feet to a point for corner; THENCE North 89'33'09" East, a distance of 40.00 feet to the POINT OF BEGINNING and containing 800 square feet or 0.0184 acres of land, NOTES: Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202). A survey plat of even survey date herewith accompanies this metes and bounds description. The undersigned, Registered Professional Land Surveyor, hereby certifies that foregoing description accurately sets out the metes and bounds of the encroachment tract. EASEMENT ENCROACHMENT E 0 r= T .DAMES J. SCOTT SURVEY, Iv I�i �CQ� Misr E ABSTRACT NO, 1449 'MICHAEL C, BILLINGSLEY �: �'' s CITY OF FORT WORTH, 7k:' REGISTERED PROFESSIONAL TARRANT COUNTY, TEXAS LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY 801 CHERRY STREET, UNIT 11 SUITE: 1300 '• .o $558 @�•,�' Kimlev* Horn FORT WORTH, TEXAS 76102 <1%�OrE S S\��;o� y•I. •...... `� 801 Cherry Simt,Unit 11,01300 Tel.No. 817))335.6511 PH. 817-335-6511 9 S u R y E Fort Worth,Texas 76102 FIRM 9 10194040 vry Afmleyhom.wrn michael.billingsley@kimley-horn.com S�In Cravm by chackea by La Pmo ecl No. Shoot No. NIA JBH mc0 1079,2019 061262615 1 OF 2 HOPPER,6RAOIN 10/9/2019 5:38 PM K:1FTW SURVEY10 5 1 282615•FORT WORTH SOU TH-WATTS10WGW61282615•FORT WORTH SOUTH-WATTS EX ESMTENCR,DWG LEGEND ------ 518"IRFG"CARTER P.O.C.=POINT OF COMMENCING &BURGESS"(C.M.) NpRTH P.O.B.=POINT OF BEGINNING ` IRF-IRON ROD FOUND } IRFC IRON ROD WITH CAP FOUND { U 39 6 C.M.=CONTROLLING MONUMENT 0I} GRAPHIC SCALE IN FEET LINE TABLE N NO. BEARING LENGTH `l PART OF L1 S00°2651"E 20.00' �I FORT WORTH EVERMAN/ m LOT 1, BLOCK 1 RISINGER DEVELOPMENT, LLC L2 589°33'09"W 40.00' z} (INST. NO. D217118440) L3 N00°26'51"W 20.00' ll PAYLESS L4 N89°33'09"E 40,00' CASHWAYS NO. 1 (VOL. 388-76, PG. 24) —-- S89°33'09"W 100.02' PROPOSED FUTURE II NO°20'3s'W- 4W SANITARY SEWER EASEMENT I 58.28' (BY SEPARATE INSTRUMENT) w1 1/2"IRF(C.M.) I ml ! o� P.O.B. I LNjpnLI - ---- - --P.O.C. PART OP 2 I LOT 1R-1, BLOCK 1 I I I LONE STAR SUBDIVISION 0.0184 ACRES # I 800 SCE. FT. I ! II (VOL. 388-1 23, PG. 58) I l 1 NOTES: I , Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone(4202). A metes and bounds description of even survey date herewith accompanies this survey plat. The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey plat accurately sets out the metes and bounds of the encroachment tract. EASEMENT ENCROACHMENT JAMES J. SCOTT SURVEY, .E . r ABSTRACT NO. 1449 GIs ICHAEL C. BILLINGSLEY CITY OF FORT WORTH, REGISTERED PROFESSIONAL TARRANT COUNTY, TEXAS LAND SURVEYOR NO.6558 k ...CL . BI I.NG ... MICMAEL OLEO 81LLINGSLEY 801 CHERRY STREET, UNIT 11 SUITE 130t7 '• �° 6555 Pv�� Kimle �>> Horn FORT WORTH, TEXAS 76102 <' .�°FE s s\1 'a �Y ......, '' ao1 enemy s, I,Unit 11,x 1300 Tel,Nv.[B1Ty335.6511 PH. 817-335-6511 D 5 R Fart WoM1h,Te<as Ts1oz FIRM p 10194040 vn'+w.Wmley-ham.wm michael.billingsley@kimley-horn.com Dram by Ch.cRadbr Date PraeclNo ShaalNo. PTS�11�917JBH MCB 50/912019 001232615 2OF2 HOPPER,BRADIN 1OM12019 5!39 PM KAFTW_3URVEY1061262615•FORT WORTH SOUTH-WATT S1DWGW61262815•FORT WORTH SOUTH-WATTS Ex ESMTENCR.OWG LEGAL DESCRIPTION EASEMENT ENCROACHMENT BEING a 800 square foot(0.0184 acre)tract of land situated in the James J. Scott Survey,Abstract No. 1449, City of Fort Worth, Tarrant County, Texas; said tract being part of Lot 3, Block 1, Southland Business Park Addition, an addition to the City of Fort Worth according to the plat recorded in Instrument No. D220093349 of the Official Public Records of Tarrant County, Texas; said tract also being part of a 40-foot sanitary sewer easement as recorded in Instrument No. D219292072 of said Official Public Records; said tract being more particularly described as follows: COMMENCING at a 5/8"iron rod with"KHA" cap found in the east line of said Lot 3; from which point a 518" iron rod with"KHA"cap found in east line of said Lot 3 bears North 89'33'10"East,a distance of 71.81 feet; THENCE South 00026'51" East, along the east line of said Lot 3, a distance of 468.02 feet to a point; THENCE South 89°33'09"West, departing the said east line of Lot 3, a distance of 27.60 feet to the POINT OF BEGINNING; said point being in the east line of said 40-foot sanitary sewer easement; THENCE South 00°26'51" East, along the said east line of the 40-foot sanitary sewer easement, a distance of 20.00 feet to a point for corner; THENCE South 89033'09" West, departing the said east line of the 40-foot sanitary sewer easement, a distance of 40.00 feet to a point for corner in the west line of said 40-foot sanitary sewer easement; THENCE North 00°26'51"West, along the said west line of the 40-foot sanitary sewer easement, a distance of 20.00 feet to a point for corner in the east line of the said 40-foot sanitary sewer easement; THENCE North 89033'09" East, departing said west line of the 40-foot sanitary sewer easement, a distance of 40.00 feet to the POINT OF BEGINNING and containing 800 square feet or 0.0184 acres of land, more or less. NOTES Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202). A survey plat of even survey date herewith accompanies this metes&bounds description. The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the encroachment tract. EASEMENT ENCROACHMENT PART OF LOT 3, BLOCK 1 SOUTHLAND BUSINESS PARK ADDITION OF TF JAMES J. SCOTT SURVEY, ��4;• isro:�gr31 ABSTRACT NO. 1449 MICHAEL C. BILLINGSLEY :;* CITY OF FORT WORTH REGISTERED PROFESSIONAL TARRANT COUNTY, TEXAS LAND SURVEYOR NO.6558 MICHAEL CLEO Bil-UNGSLEY 8Q1 CHERRY STREET, P ���� ,�� H o r n UNIT 11 SUITE 1300 '.,e 6558 .,,• .. FORT WORTH,TEXAS 761 Q2 �9 �8 S 5�� o� y .� 601 Cherry Street,Unit 11.01300 if Tel.Na.[817]3 -46511 PH. 817-335-6511 D S U R V E Fort Worth,Texas 76102 FIRM 10194040 www.klmley-ham,c m michael.Billingsley@kimley-horn.com scale Dram by I Chukedby Date n o Sheet NIA COP MCe 3l772022 061282615 1 OF 2 PADILLA,CAE LAN 37772022 3:31 I'M K:1FTW SURVEY10612826IS-FORT WORTH SOUTH-WATTS1DWGlEASEMENTS1061282615-FORT WORTH SOUTH-WATTS_EASE MENT ENCROACHMENT_EVERMAN FART WORTH BUILDING 4 SPE LLC.OWG PART OF FORT WORTH EVERMANIRISINGER NORTH I I DEVELOPMENT,LLC I I (INST.NO,D217118440) 0 50 100 I I _ _ 1 I 518"IRFC GRAPHIC SCALE IN FEET I I "ICHA°[C.M,y LINE TABLE I I P.O.C. S89°33'10"W NO. BEARING LENGTH } y 71.81' 518"IRFC L1 S89°33'09"W 27.50' I I "KHA"[C.M.] L2 SOO°26'51"E 20.00' I L3 S89°33'09"W 40.00' I I LOT 4, BLOCK 1 SOUTHLAND BUSINESS L4 NOG°26'51"W 20.00' i i PARK ADDITION L5 N89°33'09"E 40.00' I (INST. NO. D221096740) 40'SANITARY F I�I I:" PART OF FORT WORTH EVERMANf SEWER EASEMENT N RISINGER DEVELOPMENT,LLC [INST,NO.D219292072 0 (INST.NO.D217118440) I LOT 3, BLOCK 1 I SOUTHLAND BUSINESS I I PARK ADDITION (INST. NO. D220093349) I I I I EASEMENT I I ENCROACHMENT I I P.O.B. I 0.0184 ACRES L5 I 800 SQ. FT. '-11 L1 I L3 L2 LEGEND I P.O.C.=POINT OF COMMENCING NOTES P.O.B.=POINT OF BEGINNING IRFC=IRON ROD W1"KHA"CAP FOUND Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone(4202). A metes& bounds description of even survey date herewith accompanies this survey plat. The undersigned, Registered Professional Land Surveyor, EASEMENT ENCROACHMENT hereby certifies that this plat of survey accurately PART OF LOT 3, BLACK 1 sets out the metes and bounds of the encroachment tract. SOUTHLAND BUSINESS PARK ADDITION 3 A/A E ❑F T JAMES J. SCOTT SURVEY, e1sT ,ycp ABSTRACT NO. 1449 MICHAEL C. BILLINGSLEY *;. •:* CITY OF FORT WORTH REGISTERED PROFESSIONAL TARRANT COUNTY, TEXAS LAND SURVEYOR NO, 6558 MICHAEL CLEO BILLINGSLEY 01 CHERRY STREET, : A..•�56g U •.••V : Kimlev)) Horn UNIT 11 SUITE 1300 FORT WORTH, TEXAS 76102 9,y•..F 6$Sl�,.•,�o E01 Cherry Siree4 unit I1,91 000 Tel.No.(8171335-6511 PH. 817-335-6511 a 5 U�V E Fort Warlh,Texas 76102 FIRM a 10194040 wvnv.klmley-am.cam michaei.billingsley@kimley-horn.com gale D<ewnnv Charked6Y Dale ad No ee Nu 1"=160' CDP MCB 1712022 061202615 1 2 OF 2 PAD ILLA,CAE LAN 3F712022 3:31 PM KAFTV S URVE"061 28261 5-FORT WORTH SOUTH-WATTSIDWGIEAS EMENTS10 61 2 8 26 1S•FORT WORTH SOUTH-WATTS EASEMENT ENC ROACH MENT_EVERMA N FORT WORTH RUILDINQ 4 S P E LLC.DWG LEGAL DESCRIPTION EASEMENT ENCROACHMENT BEING a 538 square foot (0.0123 acre) tract of land situated in the James J. Scott Survey, Abstract No. 1449, City of Fort Worth, Tarrant County, Texas; said tract being part of Lot 3, Block 1, Southland Business Paris an addition to the City of Fort Worth according to the plat recorded in Instrument No. D220093349 of the Official Public Records of Tarrant County, Texas; said tract being more particularly described as follows: COMMENCING at a 518-inch iron rod with "KHA" cap found at the southwest corner of said Lot 3, Block 1; from said point a 5/8-inch iron rod with "KHA" cap found bears North 00'00'04" West, a distance of 12.75 feet; THENCE North 74"53'08" East, a distance of 233,83 feet to a the POINT OF BEGINNING; THENCE North 0026'51"West, a distance of 1.00 feet to a paint for corner; THENCE North 89033'09" East, a distance of 530.49 feet to a point for corner; THENCE North 0"26'50"West, a distance of 5.99 feet to a point for corner; THENCE North 89023'01" East, a distance of 1.01 feet to a point for corner; THENCE South 0°29'27" East, a distance of 6.99 feet to a point for corner; THENCE South 89°33'09" West, a distance of 531.50 feet to the POINT OF BEGINNING and containing 538 square feet or 0.0123 acres of land, more or less. NOTES Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202). A survey plat of even survey date herewith accompanies this metes & bounds description. The undersigned, Registered Professional Land Surveyor, EASEMENT ENCROACHMENT hereby certifies that the foregoing description accurately PART OF sets out the metes and bounds of the encroachment tract. LOT 3, BLOCK 1 SOUTHLAN❑ BUSINESS PARK ADDITION JAMES J. SCOTT SURVEY, ABSTRACT NO. 1449 MICHAEL C. BILLINGSLEY CITY OF FORT WORTH REGISTERED PROFESSIONAL TARRANT COUNTY, TEXAS LAND SURVEYOR NO, 6558 MICHAEL CLEO BILLINGSLEY $01 CHERRY STREET, r...•••••••6558••r•�.'• Ki m I ,�� o � UNIT 11 SUITE 1300 ° FORT WORTH,TEXAS 76102 `9y 0� 5 5�� �� 801 Cherry Street.Unit 11.4 1300 if Tel.No.(817)335-6511 PH. $17-335-6511 0 g 0 R E F&A Worth,Texas 76102 FIRM P 10194040 w -kimleyhorn.com miehael.billingsley@kimley-horn.com Scale Drawn by I Checkedhy Gae FrotectNo. Sheet Noi NIA COP MCB 7121202D 061282615 1 OF 3 BILLINGSLEY.MICHAEL 702020 2:16 PM N:1FTW_SURVEM61282615-FORT WORTH SOUTH-WATMOWG1061282615-FORT WORTH SOUTH-WATTS_RETAINING WALL ENCROACHMENT.OWG I l LOT 3, BLOCK 1 SOUTHLAND BUSINESS NORTH PARK ADDITION I I (INST. NO. D220093349) 0 25 50 PART OF FORT WORTH EVERMAN/ GRAPHIC SCALE IN FEET RISINGER DEVELOPMENT, LLC (INST. NO. ❑21 71 1 8440) JWSI 1 EMENT ENCROACHMENT 1 � 8.0123 ACRES + > 538 SQ. FT. 1 = I ` -- { 518"IRFG"Kr-IA"�--- - -------- —�.--� ------ ----- 1 f— 1 (C,M.) 60'PUBLIC ACCESS EASEMENT + m ` 518"IRFC"KHA" (INST.NO.D220093349) .—. IT =8�-J P.Q.B. + � _ - - - -gym JAMESJ.SCOTT SURVEY-ABSTRACT NO, 1449 Rl GEORGE NAMIL TON SURVEY-ABSTRACT NO. 751 1 P.O.C. CALLED 83.068 ACRES TCRG OPPORTUNITY XV, L.L.C. (INST. NO. D217109969) NOTES Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202). A metes&bounds description of even survey date herewith accompanies this survey plat. The undersigned, Registered Professional Land Surveyor, EASEMENT ENCROACHMENT hereby certifies that this plat of survey accurately PART OF sets out the metes and bounds of the encroachment tract. LOT 3, BLOCK 1 SOUTHLAND BUSINESS PARK ADDITION OF JAMES J. SCOTT SURVEY, � % s ABSTRACT NO. 1449 MICHAEL C. BILLINGSLEY *.: ..* CITY OF FORT WORTH REGISTERED PROFESSIONAL TARRANT COUNTY, TEXAS LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY 801 CHERRY STREET, •.�• •••••..•••..•.•••..•.�• Kimigy)OHorn UNIT 11 SUITE 1300 • 6558FORT WORTH, TEXAS 76102 � ' �E55� o�. • S 801 Cherry Slreel,Unit 11. Tel,No,(817)33"511 PH. 817-335-651 1 D 5 U R�� Fort WoAh,Texas 76102 FIRM N 10194040 www.kimleyhorn.com Michael.billingsley@klmley-horn.com scale Drawn by I Checked by o=ie Proiect No. Sheet No. 1-=50' COP MCB 7/212020 061282615 2 OF 3 61LLINGSLEY,MICHAEL 7/6/2020 2:17 PM K:1FTN1_SVRVEYIOE12$2615-FORT WORTH S OU TH-WATTMDWG10 61 2B261 5-FORT WORTH SO LIT H-WATTS_RETAINING WALL ENCROACHMENT.OWG LINE TABLE NORTH NO. BEARING LENGTH L1 N00°00'04"W 12.75' L2 N00'26'51"W 1,00' GRAPHIC SCALE IN FEET L3 N89°33'09"E 530,49' EASEMENT L4 N00'26'50"w 5,99' ENCROACHEMENT L5 N89°23'01"E I.01' Kill 0.0123 ACRES L6 S00°29'27"E 6,99' >1 538 SQ. FT. L7 S89°33'09"W 531.50' n� ------------ ----- ---_--_- ---------- - - r L5 Z! 60'PUBLIC ACCESS EASEMENT m L3 (INST.NO.❑220093349) L4 L6 cn L7 m m� _! _ --- - ----- ---- --- -------- -- ---- m ,�-- - - - - - --- - - - - MJAMES J.SCOTT SURVEY-ABSTRACT NO. 1449 - N GEORGE HAMILTON SURVEY-ABSTRACT NO, 751 CALLED 83.068 ACRES TCRG ❑PPORTUNITYXV, L.L.C. (INST. NO. D217109969) EASEMENT ENCROACHMENT PART OF LOT 3, BLOCK 1 SOUTHLAND BUSINESS PARK ADDITION JAMES J. SCOTT SURVEY, ABSTRACT NO. 1449 CITY OF FORT WORTH TARRANT COUNTY, TEXAS Kimlqy))) Hqrn001 CherrySlreet.Unit11, . 6511 Fod Worth,Texas 76102 FIRM#10194040 www.kirnlay-hom.corn SC`le I Drawn by I Checked by Dale Proiecl No. Sheet No. 1"=56' 1 CPP I MCB 7IZ2020 1 061282615 3 DF 3 BICLINGSI:E1',A�+ I}�4,-r1�.R2020 2:18 PM K:%FTW—SURVEM61282615-FORT WORTH SOUTH-WATT30WG1961282615-FORT WORTH SOUTH-WATTS_RETAINING WALL ENO,,,�iCI�IYAr�f.tll?�rH��?"d�.. 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