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HomeMy WebLinkAboutContract 58366 Date Received: 11/3/2022 Re cord Number: PN22-00053 Time Received:_7:40 a.m. City Secretary No.: 58366 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER 11 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 Landmark at Rendon in Fort Worth, LLC, a(n) Florida limited liability company ("Licensee"), acting by and through its duly authorized Manager. RECITALS WHEREAS, Licensee is the owner of the real property located at 1151 East Rendon Crowley Road, Fort Worth, Texas 76028 ("Property"), being more particularly described in the attached Exhibit "A"which is incorporated herein for all purposes; and WHEREAS, the City owns a sanitary sewer easement (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 Tarrant County by instrument number D222243616; 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 private 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 cause OFFICIAL RECORD Tier 11 Easement Encroachment Agreement Page 1 of 13 CITY SECRETARY Revised 11/2020 FT. WORTH, TX 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 Tier 11 Easement Encroachment Agreement Page 2 of 13 Revised 11/2020 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 alien 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. 8. 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. Tier 11 Easement Encroachment Agreement Page 3 of 13 Revised 11/2020 9. 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. 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. Tier 11 Easement Encroachment Agreement Page 4 of 13 Revised 11/2020 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-parry may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. Tier 11 Easement Encroachment Agreement Page 5 of 13 Revised 11/2020 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. This Agreement maybe executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument Tier 11 Easement Encroachment Agreement Page 6 of 13 Revised 11/2020 City: Licensee: CITY OF FORT WORTH Landmark at Rendon in Fort Worth, LLC, a Florida limited liability company By: Rendon Residential Partners,LLC, a Texas limited liability company, its sole member and manager By: Harrell(N-2,�a22 D8.46 CDT) By: Landmark Developments, LLC, D.J. Harrell, Director of the a Florida limited liability company Development Services it le member and manager Department Nov 2, 2022 By. Date: ' me: Julia Baytler .*Title: Manager Date: _ D 27 202 Z ATTEST: Approved As To Form and Legality etteS.Goodall(Nov 3,202209: DT) Jannette Goodall, Thomas Royce Hansen City Secretary Assistant City Attorney Date: Nov 3, 2022 do�4�nn�� Date: Nov 1, 2022 rronr . �*0 '0 ood� ,� ° °° *�d Contract Compliance Manager: Ada °°°°°°° a By signing I acknowledge that I am the person an nEXpSoap responsible for the monitoring and administration of this contract,including ensuring all performance and reporting requirements. OFFICIAL RECORD /*?e77/zy,oeLL44 Matt Tilly on behal of(Nov 1,202218:3GCDT) Janie CITY SECRETARY Development SServices s FT. WORTH, TX Date: Nov 1, 2022 Tier II Easement Encroachment Agieement Page 7 of 13 Revised 11/2020 FOR CITY OF FORTWORTH 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_2nd_day of November 20 22 Wendy L. Digitally signed by Wendy L.Beardslee Beardslee Date:2022.11.02 O�PRYP(ie/ WENDY L BEARDSLEE a Notary Public 12:46:08-05'00' + � * STATE OF TEXAS Notary Public in and for the State of Texas oF �� Notary I.D. 13323719-3 My Comm. Exp. July 28, 2025 After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 Tier 11 Easement Encroachment Agreement Page 8 of 13 Revised 11/2020 STATE OF F►. OR 11)f} § COUNTY OF M I hAA I 7r § BEFO ME, the undersigned authority, a Notary Public in and for the State of Iw- on this day personally appeared Julia Baytler, Manager(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 Landmark at Rendon in Fort Worth, LLC„ a Florida limited liability company (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2 day of r ,202�. F NAYDELYSIXTO ': Notary PublicState of Floridallotar ID and for eCommission#GG 288174My Comm.Expires Jan 2,2023 State of F'1.. ogl6f}- nded through National Notary Assn Tier H Easement Encroachment Agreement Page 9 of 13 Revised]1/2020 EXHIBIT A Description of the Licensee's Property Recorded in Deed Record D221109559,Tarrant County, Fort Worth, Texas BEING 23.037 acres situated in the H.Little Survey,Abstract Number 930, Tarrant County, Texas and being a portion of that called 137.881-acre tract of land described by deed to Jimmy Purs a lle y and Joyce M.Purs a lley recorded in Volume 12167,Page 434,Deed Records,Tarrant County, Texas Tier 11 Easement Encroachment Agreement Page 10 of 13 Revised 11/2020 0 ' J _ I..l..l N0N V L. of F.M.1187 PROJECT LOCATION �-r r r BURLESON' RETTA RD r r MapdritaQ2021 Term a ofUce fGepa+i OiTjagi erios LOCATION MAP N.T.S. LEGAL DESCRIPTION BEING 23.037 ACRES OF LAND SITUATED IN THE H.LITTLE SURVEY, MAPSCO NO. 119 L, 119 M ABSTRACT NUMBER 93 CIITYOFFORT WORTH,TARRANT COUNTY,TEXAS OWNER/DEVELOPER: COUNCIL DISTRICT NO. 6 LANDMARK COMPANIES 21500 BIDCAYNE BOULEVARD SUITE 402 AVENTU RA,FL33180 954.455.0336 jahawpe@landmarkcompan ies.us CONTACT: CONNOR BIRCH ©2018 MANHARD CONSULTING, LTD. ALL RIGHTS RESERVED _ LANDMARK AT RENDON anha t4rdTll PROJECT NUMBER: IPRC21-0121 C O N S U L T I N G F.M. 1187 &WILDCAT WAY 12225 Greenville Avenue,Suite 1000,Dallas,TX 75243 ph:972.972.4250 manhard.com Civil Engineers I Surveyors I Water Resource Engineers I Water&Waste Water Engineers Construction Managers I Environmental Scientists I Landscape Architects i Planners ENCROACHMENT VICINITY MAP Te zas Board of Professional Engineers Registration No. F-18141 ENGINEER:REECE BIERHALTER, P.E. EXHIBIT B Depiction of the Public Property Tier 11 Easement Encroachment Agreement Page 11 of 13 Revised 11/2020 D222243616 10/06/2022 02:25 PM Page: 1 of 6 Fee: $39.00 Submitter: COFW CFA OFFICE Electronically Recorded by Tarrant County Clerk in Official Public Records ro"k-k."s MARY LOUISE NICHOLSON COUNTY CLERK CPN 103718—Landmark at Rendon Multifamily Parcel 02 1151 E Rendon Crowley Road H.Little Survey,Abstract No.930 THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT § CITY OF FORT WORTH PERMANENT SEWER FACILITY EASEMENT DATE: Sep 23, 2022 GRANTOR: LANDMARK AT RENDON IN FORT WORTH LLC GRANTOR'S MAILING ADDRESS (including County): 21500 Biscayne Boulevard,4th Floor—Suite 402 Aventura,Florida 33180 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 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 Easement Property and more fully described in Exhibit "A" attached hereto and incorporated herein for all pertinent purposes, together with the right FORTWORTH, SEWER FACII.ITY EASEMENT Rev.12/2/2021 D222243616 Page 2 of 6 and privilege at any and all times to enter the Easement Property, or any part thereof, for the purpose of constructing, operating,maintaining, replacing, upgrading, and repairing said Facility. In no event shall Grantor (I) 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. 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 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 any way 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 PAGES] Fax_ TW�o�xTx SEWER.FACILITY EASEMENT Rev.12/2/2021 D222243616 Page 3 of 6 GRANTOR: LANDMARK AT RENDON IN FORT WORTH LLC, a Florida limited liability company By: Rendon Residential Partners,LLC, a.Texas limited liability company, its sole member and manager By: Landmark Developments,LLC, a Florida limited liability company, its sole membe and manager By: jlJ / l ulia Baytler,Mana e ACKNOWLEDGMENT THE STATE OFWOX-110,4 § COUNTY O> )9 '—10e § BEFORE .ME, the undersigned authority, a Notary Public in and for the State of 474 �-V , on this day personally .appeared Julia Baytler, Manager of Landmark Developments,LLC, a Florida limited liability company, 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 Landmark Developments, LLC, a Florida limited liability company, the sole member and manager of Rendon Residential Partners, LLC, a Texas limited liability company, the sole member and manager of LANDMARK AT RENDON IN FORT WORTH LLC, a Florida limited liability company, and that he/she executed the same as the act of said entities for the purposes and consideration therein expressed and in the capacity therein stated. yz GIVEN UNDER MY HAND AND SEAL OF OFFICE this ' day of 20,24 Wary Public in and for the State of f 41 <�►r r JOHANNA IUNOs 'p Notary Public-Stste of Florida COmmbfiOn M GG 037363 +�;" My Comm,Expires Aar 30,2024 bonded through National Notary Assn, FORT WORTH SHWBR NACII.iTY FASEWNT Rev.ivnnozi D222243616 Page 4 of 6 GRANTEE: CITY OF FORT WORTH era 8rU'By; ra s. pd re lsen x;,ur e ) Dana Burghdoff Assistant City Manager APPROVED AS TO FORM AND LEGALITY: By: Name: Thomas 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. By; ,a,:o,.wguyentor(-ea23. .z so o i Janie Searlett 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 Dana Burghdoff, Assistant City Manager 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 day of 20 wwy �r `► MATT TILLY Notary Public Notary Public in and r e State of TEXAS * STATE OF TEXAS a.'% 0 loft ID#133026152 nuu` My Comm.Exp,Apr.09,2025 FORT WORTH. SEWER FACILITY EASEMENT Rev.12/2/2021 EXHIBIT C Depiction and description of the Encroachment Tier 11 Easement Encroachment Agreement Page 12 of 13 Revised 11/2020 D222243616 Page 5 of 6 Exhibit"A" JUNNY PURSELLEY AND CALLED 137.881 ACRES Pa®R� P.O. VOLUME 12167, PAGE 434 5/8'CIRF D.R.T.C.T. 'REALSEARCH' 3 .8�, C1 ��.0F TF p I 2p'29' A,P-yGtSTfgF.: �I I JEREMY K 5696 9 f,SS1... �� 3 SURJF p/ ^ 2 /C) L5 It LANDMARK AT RENDON IN FORT WORTH, LLC / CALLED 23.037 ACRES CCF# D221109559 / D.R.T.C.T. / / 15' SEWER EASEMENT LINE TABLE �o/ /oo LINE BEARING LENGTH M L1 S76'07'59"E 15.00' 4^ L2 N89'54'32"W 16.70' L3 N72'17'40"W 6.30' 2�/ ry / / L4 N17'42'20"E 15.00' h / LL5 S72'17'40"E 6.87' 20' UTILITY EASEMENT / VOLUME 11153, PAGE 728 — D.R.T.C.T. L2 E. RENDON CROWLEY ROAD F.M. HIGHWAY NO. 1187 0 40 80 VARIABLE WIDTH RIGHT—OF—WAY Feet 15'SEWEIR EASEMENT M a n h a rd EXHIBIT 0.144 ACRES IN THE H.LITTLE SURVEY,ABST.NO.930 CITY OF FORT WORTH,TARRANT COUNTY,TEXAS 3 w CO S ' PRCJ.MDR, J.DEAL SHEET /� 505 Pecan St,Suite 201,Fad Wudh,TX 76102 ph:817.865.5344 manhard.mm DRAWN BY: WLANGSiDN 1 OF Civil Englneers 1 Surveyors I Wet.r Resource Engineers I Water&West.Wet.r Engineers 09/14/2022 t L Canstrucilon Men.gets Environ menial Scientists Le ndscape Afchlt.cla Planners DATE: Texas Board of Professlonel Engineers andd Surveyors Registration No.F-10194754 SCALE: ®2022 MANHARD CONSULTING, LTD. ALL RIGHTS RESERVED I I I I 1`\ I 1 \ I I 1 I 1� -------- / N LOT 1,BLOCK 1 AYNES HEIGHTS ADDITI CABINET B,SLIDE 212 ! P.R.T.C.T. 0 100 200 400 SCALE:1"=200' II I I 23.037 ACRES II I I JIMMY ACRES PURSELLEY CAED 137.381 AND JOYCE M. 67.SELLEY N VOL 2 PAGE 434 D.R. D.R.T.C.T. \ PURSELLEY ADDITION CABINET B.SLIDE 1313 p \ Il P.R.LC.T. I II I / l I Sgti R°p /d4w I PROP 36"STORM(PRIVATE) PJ I ±16 LE ENCROACHMENT OVER PUBLIC SAN SEWER W \ EX. 15"SANITARY r� EASEMENT \ SEWER(PUBLIC)����\\T 2,� II I I I / �, PRIVATE PRIVATE ESMT ESMT ` II `� PROP. E SANITARY / I , —� -- — ---sEWEe(PueuC — J = --�-- _--- - / I — �IX W——=EX ——IX W———IX _ EX EX W— PROP.12" WATE� 15'WATER ESMT (PUBLIC) 3 I r (BV SEP. INST.) m EX.16"WATER F.M.HIGHWAY NO.1187 — (PUBLIC) — 111— -- -- -- Q � Ill—EX w— � I I UNTY u I T14.863 ARRANT ACRES OWNER/DEVELOPER: I O I PRECINCT 1 ADDITION BLOCK I. LOT 1 LANDMARK COMPANIES 21500 BIDCAYNE BOULEVARD LEGAL DESCRIPTION SUITE, F AVENTU RA, IL L33180 BEING 23.037 ACRES OF LAND 954.455.0336 SITUATED IN THE H.LITTLE SURVEY, jahawpe@landmarkcompanies.us ABSTRACT NUMBER 930,CITY OF FORT CONTACT: JOHN HAWPE ©2018 MANHARD CONSULTING, LTD. ALL RIGHTS RESERVED WORTH,TARRANT COUNTY,TEXAS a LANDMARK AT RENDON t4an ar M PROJECT NUMBER: IPRC21-0121 CONSULTING F.M. 1187 &WILDCAT WAY Avenue,Suite 1000,Dallas,TX 75243 ph:972.972.425D manhard.com Civil Engineers I Surveyors I Water Resource Engineers I Water&Waste Water Engineers Construction Managers I Environmental Scientists I Landscape Architects I Planers OVERALL ENCROACHMENT EXHIBIT Te zas Board of Prof ess i a Inal Engineers Registration No. F-18141 ENGINEER:REECE BIERHALTER, P.E. D222243616 Page 6 of 6 LEGAL DESCRIPTION BEING a 0.144 acre tract of land situated in the H. Little Survey, Abstract Number 930, Tarrant County, Texas and being a portion of that called 23.037 acre tract of land described by deed to Landmark at Rendon in Fort Worth, LLC, recorded in County Clerk's File Number D221109559, Deed Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod with cap stamped "REALSEARCH" found at the L corner in the east line of said called 23.037 acre tract; THENCE South 76 degrees 07 minutes 59 seconds East, 30.87 feet along the easterly line of said called 23.037 acre tract POINT OF BEGINNING; THENCE South 76 degrees 07 minutes 59 seconds East, 15.00 feet, continuing along the easterly line of said called 23.037 acre tract; THENCE departing said east line and over and across said called 23.037 acre tract the following calls: South 13 degrees 04 minutes 57 seconds West, 94.19 feet; South 26 degrees 09 minutes 36 seconds West, 313,90 feet to a point in the south line of said called 23.037 acre tract, said point also being in the north right—of—way line of E. Rendon Crowley Road (F.M. Highway No. 1187)(Variable Width Right—of—Way); THENCE North 89 degrees 54 minutes 32 seconds West, 16.70 feet along the south line of said called 23.037 acre tract and with said north right—of—way line of E. Rendon Crowley Road; THENCE departing the south line of said called 23.037 acre tract and said north right—of—way line of E. Rendon Crowley Road and over and across said called 23.037 acre tract the following calls: North 26 degrees 09 minutes 36 seconds East, 311.69 feet; North 72 degrees 17 minutes 40 seconds West, 6.30 feet; North 17 degrees 42 minutes 20 seconds East, 15.00 feet; South 72 degrees 17 minutes 40 seconds East, 6.87 feet; North 13 degrees 04 minutes 57 seconds East, 85.14 feet to the POINT OF BEGINNING and containing 6,257 square feet or 0.144 acres of land, more or less. a m 3 0 w 3 d m o JEREMY K 0 N 5696de ' 9 Q•.. SY.� �O suR�� L U O N N 0 N K a 15'SEWER EASEMENT EXHIBIT z �' Manhard ° 0.144 ACRES IN THE H.LITTLE SURVEY,ABST.NO.930 a - � CITY OF FORT WORTH,TARRANT COUNTY,TEXAS w,. CONSULTING PROD.MGR.: IDEAL SHEET A 6G6 Pecan St.,SuOe 201,Fart Worth,TX 76102 ph:817.665.5344 manhard-nn PRAWN BY: Y.LAN+�` OF 2 Civil Engineers I Surveyors Water Resource Engineers I Water 8 Waste Water Engineers PATE: OB/14�2022 Conslruatlon Managers I EoYlronmenlal Sclentlst.I Land sea pe Architects I Planners rp Texas Board of Professional Engineers and Land Surveyors Regslrallon Na.F-10194754 SCALE: 1e-4d 200429 ©2D22 MANHARD CONSULTING,LTD. ALL RIGHTS RESERVED 0 ' J _ I..l..l N0N V L. of F.M.1187 PROJECT LOCATION �-r r r BURLESON' RETTA RD r r MapdritaQ2021 Term a ofUce fGepa+i OiTjagi erios LOCATION MAP N.T.S. LEGAL DESCRIPTION BEING 23.037 ACRES OF LAND SITUATED IN THE H.LITTLE SURVEY, MAPSCO NO. 119 L, 119 M ABSTRACT NUMBER 93 CIITYOFFORT WORTH,TARRANT COUNTY,TEXAS OWNER/DEVELOPER: COUNCIL DISTRICT NO. 6 LANDMARK COMPANIES 21500 BIDCAYNE BOULEVARD SUITE 402 AVENTU RA,FL33180 954.455.0336 jahawpe@landmarkcompan ies.us CONTACT: CONNOR BIRCH ©2018 MANHARD CONSULTING, LTD. ALL RIGHTS RESERVED _ LANDMARK AT RENDON anha t4rdTll PROJECT NUMBER: IPRC21-0121 C O N S U L T I N G F.M. 1187 &WILDCAT WAY 12225 Greenville Avenue,Suite 1000,Dallas,TX 75243 ph:972.972.4250 manhard.com Civil Engineers I Surveyors I Water Resource Engineers I Water&Waste Water Engineers Construction Managers I Environmental Scientists I Landscape Architects i Planners ENCROACHMENT VICINITY MAP Te zas Board of Professional Engineers Registration No. F-18141 ENGINEER:REECE BIERHALTER, P.E. Called 137.881 Acres Jimmy Purselley and Joyce M.Purselley /� \\ Volume 12167,Page 434 D.R.T.C.T. Edge of Grave+ Road �. / Proposed 15' 11 Sanitary Sewer / • / `/ Easement / a, Called 23.037 Acres ,> 1 /Landmark at Rendon in /' Fort Worth,LLC CCF#D221109559 OF D.R.T.C.T. ----------------- 'v/ 1 \ y Ilk � j =/ j Proposed Private 11 jDrainage Easement 1 / % 11 / /j 1 / w I I I = I I I III I nil I oil I III I ZII I i i — — — �V8'CIRF N 89'54'32"W 304.12' "BROOKS BAKER" F.M. Highway No. 1187 Variable Width Right-of-Way I V/- 7 LINE BEARING DISTANCE COI0.4 L5 N 46'12'14"W 15.74' S/8"IRF L6 N 26'09'36"E 3.85' "REALSEARCH" L7 S 46'12'14"E 15.74' 1/2"IRF L8 S 26'09'36"W 3.85' 4,0 Legal Description m BEING a 0.001 acre tract of land situated in the H.Little Survey,Abstract Number 930,Tarrant County,Texas and being a portion of that called 23.037 acre tract of o land described by deed to Landmark at Rendon in Fort Worth,LLC,recorded in County Clerk's File Number D221109559,Deed Records,Tarrant County,Texas and ° being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod with cap stamped"REALSEARCH"found the southeast corner of said called 23.037 acre tract,said iron rod also being in the v north right-of-way line of F.M.Highway 1187(Variable Width Right-of-Way); N « THENCE North 89 degrees 54 minutes 32 seconds West,304.12 feet along the south line of said called 23.037 acre tract and said north right-of-way line of F.M. d Highway 1187; E N o THENCE North 00 degrees 05 minutes 28 seconds East,59.64 feet,departing said south line and over and across said called 23.037 acre tract; w N THENCE North 26 degrees 09 minutes 36 seconds East,119.71 feet,continuing over and across said called 23.037 acre tract to the POINT OF BEGINNING; p THENCE North 46 degrees 12 minutes 14 seconds West,15.74 feet; N THENCE North 26 degrees 09 minutes 36 seconds East,3.85 feet; v N THENCE South 46 degrees 12 minutes 14 seconds East,15.74 feet; NTHENCE South 26 degrees 09 minutes 36 seconds West,3.85 feet to the POINT OF BEGINNING and containing 58 square feet or 0.001 acres of land,more or less. F Notes �E OF' T� r �P ��7srf .;+y 1.The basis of bearings is the Texas Coordinate System,North American Datum of 1983,North Central Zone,4202. 0 d 0 2.This exhibit was prepared from and on-the-ground field survey of the subject property. 4vWILIGK :. 696 ` EEncroachment Exhibit Hanhard situated the H.Fort Little Survey,t County Number 930 City69 of Fort Worth,Tarrant County, C O N S U L T I MCA RROJ.MDR.: 640 Taylor Street,Suite 1200,Fort Worth,Texas 78102 ph:813.807.5008 ma nhard.— DRAWN By: �D O C enI Engineers I s"r.eyers I Water Re...—Eng—era I water a Waste water Engineers 05/29/2= N Cstrust)—Managers I Environmental Scientists I Landscape Architects Planners DATE: L4 Texas Board of Professional Engineers and Land Surveyors Registration No.F-22053 02022 MANHARD CONSULTING, LTD. ALL RIGHTS RESERVED EXHIBIT D Certificate of Insurance Tier 11 Easement Encroachment Agreement Page 13 of 13 Revised 11/2020