The URL can be used to link to this page

Home My WebLink AboutContract 58706Date Received: 1/10/2023 Time Received: 12:43 p.m. Record Number: PN22-00205 City Secretary No.: 58706 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT rir;R rr 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 TCRG Opportunity IX, LLC, a(n) Texas limited liability company ("Licensee"), acting by and through its duly authorized President. RECITALS WHEREAS, Licensee is the owner of the real property located at 11401 Harmon Road, Fort Worth, Texas 76177 ("Property"), as recorded in the Deed Records, by Instrument Number D216215621, in Tarrant County, Texas, being more particularly described in the attached Exhibit "A" which is incorporated herein for purposes, and WHEREAS, the City owns a sanitary sewer (the "Public Property") adjacent to the Property, recorded in the plat records of Tarrant County as plat number FS-22-214; 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 an Exhibit "A," but only to the extent shown thereon, for the purpose of constructing, installing, and maintaining a storm drain line (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 Tier II Easement Encroachment Agreement OFFICIAL RECORD Page l of 13 CITY SECRETARY Revised 12/2022 FT. WORTH, TX the Encroachment to further infringe in or on the Public Property beyond what is specifically described in Exhibit "A." 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. I 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 II Easement Encroachment Agreement Page 2 of 13 Revised 12/2022 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 Nine Hundred Dollars ($900.00). 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. 9. Tier 11 Easement Encroachment Agreement Page 3 of 13 Revised 12/2022 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 "B" 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. 11. Tier 11 Easement Encroachment Agreement Page 4 of 13 Revised 12/2022 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. U. 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. U 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 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. 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. 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. Tier II Easement Encroachment Agreement Pagc 5 of 13 Revised 12/2022 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 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 II Easement Encroachment Agreement Page 6 of 13 Revised 12I2022 City: CITY OF FORT WORTH By: DJ Harrell (Jan 10, 202309:02 CST) D.J. Harrell, Director of the Development Services Department Date: Jan 10, 2023 4g44UUnq ATTEST: p�ooi; *% a � �a�:r�ette-S. C,orrr%a,CG aaa° °E�a544 Jannette 5. Goodall (Jan 10, 2023 12:42 CST) Jannette Goodall, City Secretary Date: Jan 10, 2023 Licensee: TCRG Opportunity IX, LLC a Texas limited liability company, By: Texas Capitalization Resource Group, Inc., a Tex rporation, its sole m er By: Name: Robert L. Patton, Jr Title: President Date: (2 1h711 7-3 Approved As To Form and Legality vy� Thomas Royce Hansen Assistant City Attorney Date: Jan 9, 2023 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. ref eaa 1011 peg 0141e1r Rebecca Diane Owen (Jan 10, 2023 07:54 CST) Rebecca Owen Development Services Date: Jan 10, 2023 OFFICIAL RECORD Tier II Easement Fncroachment Agreement CITY SECRETARY Page 7 of 13 FT. WORTH, TX Revised 12/2022 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 loth day of January , 2022 , Wendy L. Digitally signed by Wendy L. Beardslee Beardslee Date: 2023.01.1009:17:09 06'00' Notary Public in and for the State of Texas After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 Tier H Easement Encroachment Agreement Z�Pt2YP(�eCC' WENDY L BEARDSLEE Notary Public * * STATE OF TEXAS W Notary I.D. 13323719-3 OF My Comm. Exp. July 28, 2025 Page 8 of 13 Revised 12/2022 STATE OF TEXAS § COUNTY OF TARRANT § 1, BEYORE ME, the undersigned authority, a Notary Public in and for the State of on this day personally appeared Robert L. Patton, President (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 TCRG Opportunity IX, LLC, a Texas limited liability company (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this (Aday of non III 20 r n n .. Notary Publ c in and for the State of Tier II Easement Encroachment Agreement CHERYL L. COUCH tiP P =Not" Public, State of Texas Comm. Expires 042E-2026 �r/q•�'OF'{4` Notary ID 125016557 Page 9 of 13 Revised 12/2022 EXHIBIT A Legal Description of the Licensee's Property DESCRIPTION, of 158.903-acre (6,921,836 square foot) tract of land situated in the W M McCowen Survey, Abstract No. 999, City of Fort Worth, Tarrant County, Texas; said tract being all of Tract I described in Special Warranty Deed to The State of Texas, for the Use and Benefit of the Permanent School Fund recorded in Instrument No. D205225661 of the Official Public Records of Tarrant County, Texas; Being, a 19.063-acre (830,367 square foot) tract of land situation in the WM McCowen Survey, Abstract No. 999, City of Fort Worth, Tarrant County, Texas; said tract being all of Lot 1, Block 2, Synergy West, an addition to the City of Fort Worth according to the plat recorded in Instrument No. D222272199 of the Official Public Records of Tarrant County, Texas; Tier it Easement Encroachment Agreement Page 10 of 13 Revised 12/201-2 WOCHI7v Hap PROJECT LOCATION 0 en Cc-)etery KELLER — 71 HICKS - TARRANTJCOUNTY nF� TR;n MAPSCO F21-K VICINITY MAP (NOT TO SCALE) MAPSCO NO. #F21-K COUNCIL DISTRICT NO. 4 TCRG OPPORTUNITY XV OWNER: ROBERT PATTON 5201 CAMP BOWIE BLV3, SUITE 200 FORT WORTH, TX 76107 4060 BRYANT IRVIN ROAD Pacheco Koch FORT WORTH, TX 76109 817 412 7155 VICINITY MAP EXHIBIT rX REG. ENGINEERING FIRM F-469 CITY PROJECT #104057 TX REG. SURVEYING FIRM LS-IOD08001 SYNERGY 500 LOCATED 1N THE CITY OF FORT WORTH, TEXAS fiRAINPV 8Y CHECKED 8Y SCALE DATE JOB IVUA.49ER TARRANT COUNTY, TEXAS Lsw I-�P3 NTS 0� /30/2022 3734-21.493 EXHIBIT B Depiction of the Public Property Tier rl Easement Encroachment Agreement Page 1 I of 13 Revised 12/2022 KELLER ww 00 IN V-/ HICKS R13t,? —, I VICINITY IdAP —T A o 1-1 4WL v za -- FRU MAT v LOT 1, BLOCK 2 SYNERGY WEST KING A 20.M CR lfIACT LOCAM IN FlE � 0 'ORT WO" MQ MW 00 Of NE OWEN SURVEY, AB9iRAOT NO. 999. TARRMT COUNTY. Trw Pacheco Koch l WEST EXHIBIT C Depiction and description of the Encroachment Tier 11 Easement Encroachment Agreement Page 12 of 13 Revised 12/2022 ENCROACHMENT NT HOAA2 PROFOLE WOEW 0 20 40 80 120 GRAPHIC SCALE IN FEET 0 5 10 15 VERTICAL SCALE IN FEET 815 815 0 15' LIMITS OF 0 15' LIMITS OF z 810 ENCROACHMENT NO.r810 P Fl ISHED GRADE C Z W 805 805 Z o EXISTING GRADE W 800 800 m PROP. 12" 2 o PROF.. 10' o I PRIVATE 795 FIRE LINE 795 0 n PROP. 8' PUBLIC 790 �vlr 790 n v 3 785 785 —0+50 0+00 1 +00 1 +50 N PROFILE: SS-1 0 P N ry TX REG. ENGINEERING FIRM F-469 o TX REG. SURVEYING FIRM LS-10008001 Pacheco Koch 4060 BRYANT IRVIN ROAD FORT WORTH, TX SYNERGY 500 76109 a Westwood coal an 817.412.715s P Y ENCROACHMENT AGREEMENT LOCH = N 7W CM OF FORT MO K 1E W DRAWN BY CHIECKED BY SCALE DAM JDB HARMER am �r 1I WY 1 1 fir' 1pY for ter' T ESW HPB 1"=40' 09/21/2022 3734-21.493 oWEIRaLL ENCROaCaMEN'T L&VOW 0 100 200 400 GRAPHIC SCALE IN FEET ELL Ek HICKS NOTES: 1. CONTRACTOR TO INSTALL WARNING TAPE ON TOP OF ALL PRIVATE STORM DRAIN AND SANITARY SEWER INSIDE OF PUBLIC WATER OR % SEWER EASEMENTS. 2, OWNER MUST BE AN ACTIVE PARTICIPANT IN THE TEXAS EXCAVATION SAFETY SYSTEM (TESS) OR ITS EQUIVALENT FOR THE DURATION OF THE ENCROACHMENT, 3. CONTRACTOR TO PROVIDE DENSITY TEST€NG RECORDS TO CITY. 4. REPAIRS TO PRIVATE STORM DRAIN AND SANITARY SEWER WITHIN PUBLIC * WATER OR SEWER EASEMENTS MUST BE DONE BY A CONTRACTOR THAT MEETS THE CITY'S OCENSE, BONDING, AND INSURANCE REQUIREMENTS. 5. FUTURE PAVING REPAIRS WILL BE THE RESPONSIBILITY OF THE PROPERTY OWNER. „ TX REG. ENGINEERING FIRM F-469 TX REG. SURVEYING FIRM LS-10008001 r Pto K h 4060 BRYANT IRVIN ROAD ® ENCROACHMENT AREA 91tv =yO %j FORT SYNERGY 500 WORTH, TX 76109 ENCROACHMENT AGREEMENT a Weis vwood company 817.atz.7155 J LOCATED IN THE CITY OF FORT WORTH, TEXAS BEING OUT OF THE W.M. MCCOWEN SURVEY, ABSTRACT NO. 999 r ORAINY WY C/ECKED BY BCALE GATE JOB AKA{eER z ESw HPB 1"=200' 09/21/2022 3734-21,493 TARRANT COUNTY, TEXAS EASEMENT ENCROACHMENT AGREEMENT - NO Part of Lot 1, Block 2 Synergy West W. M. McCowen Survey, Abstract No. 999 City of Fort Worth, Tarrant County, Texas DESCRIPTION, of a 538 square foot (0.012 acre) tract of land situated in the W. M. McCowen Survey, Abstract No. 999, City of Fort Worth, Tarrant County, Texas; said tract being part of Lot 1, Block 2 Synergy West, an addition to the City of Fort Worth according to the plat recorded in Instrument No. D222272199 of the Official Public Records of Tarrant County, Texas and being part of that tract of land described in Deed Without Warranty to TCRG Opportunity IX, LLC recorded in Instrument No. D216215621 of said Official Public Records; said 538 square foot (0.012 acre) tract being more particularly described as follows (bearing System for this survey is based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone 4202, based on observations made on September 24, 2021 with a combined scale factor of 1.00012); COMMENCING, at the intersection of the east right-of-way line of Harmon Road (a variable width right-of- way) and the west right-of-way line of Harmon Road East (an 80-foot wide right-of-way) and being the most southerly southeast corner of said Lot 1; In a northeasterly direction along said west line of Harmon Road East, the east line of said Lot 1, and a curve to the right, having a central angle of 25 degrees, 17 minutes, 32 seconds, a radius of 666.00 feet, a chord bearing and distance of North 43 degrees, 59 minutes, 33 seconds East, 291,61 feet, an arc distance of 293.99 feet to the south corner of an existing 30' sewer facility easement recorded in Instrument No. 0222272199 of said Official Public Records; from said point along said curve a point of tangency of said Lot 1 bears an arc distance of 91.95 feet; South 89 degrees: 40 minutes, 36 seconds West, departing said west line of Harmon Road East and said east line of Lot 1, along the south line of said existing 30' sewer facility easement, a distance of 26.38 feet to the POINT OF BEGINNING; THENCE, South 89 degrees, 40 minutes, 36 seconds West, continuing along said south line of existing 30' sewer facility easement, a distance of 17.93 feet to a point for corner; THENCE, North 41 degrees, 32 minutes, 07 seconds East, departing said south line of existing 30' sewer facility easement, a distance of 35.86 feet to a point in the north line of said 30' sewer facility easement; THENCE, North 89 degrees, 40 minutes, 36 seconds East, along said north line of 30' sewer facility easement, a distance of 17.93 feet to a point for corner; THENCE, South 41 degrees, 32 minutes. 07 seconds West: departing said north line of 30' sewer facility easement, a distance of 35.86 feet to the POINT OF BEGINNING; CONTAINING: 538 square feet or 0.012 acres of land, more or less. (A survey plat of even survey date herewith accompanies this description.) The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the encroachment tract described. OF G%STL Fl i KTVZ/L/\ W........................ it ... 1212912022 Robert W. Bryan Date RQBERT. W,..BRYAN Registered Professional Land Surveyor No. 5508 . e 5508 Pr Pacheco Koch Consulting Engineers, Inc. 9�LoF ss!° yam 4060 Bryant Irvin Road, Fort Worth, TX 76109 8 u 9 (817) 412-7155 TX Reg. Surveying Firm LS-10008001 3734-21.493E EA 1 _Legal. doc 3734-21.493EEA1.dwg GAL PAGE 1 OF 2 N CV N 0 N N W a c� 0 15 30 60 GRAPHIC SCALE IN FEET a 0 o� It VA 11111111111.m- LOT 1, BLOCK 2 SYNERGY WEST (INST. NO. D222272199) PART OF TCRG OPPORTUNITY IX, LLC (INST. NO. D216215621) N 89.40'36" E 17.93' EASEMENT ENCROACHMENT AGREEMENT LEGEND -- - -- PROPERTY LINE EASEMENT LINE O POINT FOR CORNER (UNLESS OTHERWSE NOTED) (C.M.) - CONTROLLING MONUMENT Ao. B. POINT OF BEGINNING P. o. C. POINT OF COMMENCNC oQ �6 5 R� gi 53B SF (0.012 ACRES) \ IS 33.32'06" E / / 0 35.86' O P► 2fi.38' Q s s9.Iry 36 W 17.93' P. o. B. ,,"W dN �25"7'32; R=666.00 O9 L=293.99' a211 T=149.43' 00' CB-N 43'59'33" E 5� CD-291.61' t1� i ;S� P. o. c. The undersigned, Registered Professional Land Surveyor, hereby certifies that th-s plot of survey accurately sets out the metes and bounds of the encroachment tract described./ 30' SEWER FACILITY EASEMENT (INST. NO. 13222272199) N 33'32'06" W 35.86' F .r ROBERT W. BRYAN ....................... 12/29/2022 eck- zJ & Robert W. Bryan Date Registered Professional TX REG. ENGINEERING FIRM F-469 Land Surveyor No. 5508 TX REG. SURVEYING FIRM LS-10008001 Pacheco Koch 4060 BRYANT IRVIN ROAD FORT WORTH, TX 76109 a VVes#wood company 1 817.412.7155 DRAww or I chECKED BY SCALE DATE JOB NiMISER GAL RWB 1"=30' DEC 2022 3734-21.493 LOT 1, BLOCK 1 SYNERGY WEST NOTES: (INST. NO. D218266488) 1. A metes and bounds description of even survey date herewith accompanies this plat of survey. 2. Bearing system for this survey is based on Texas Coordinate System of 1983 (2011 adjustment), North Central Zone 4202, based on observations made on September 24, 2021 with a combined scale factor of 1.00012. EASEMENT ENCROACHMENT AGREEMENT- NO. 1 PART OF LOT 1, BLOCK 2 SYNERGY WEST W. M. MCCOWEN SURVEY, ABSTRACT NO. 999. CITY OF FORT WORTH. TARRANT COUNTY, TEXAS PAGE 2 OF 2 EASEMENT ENCROACHMENT AGREEMENT — NO. 2 Part of Lot 1, Block 2 Synergy West W. M. McCowen Survey, Abstract No. 999 City of Fort Worth, Tarrant County, Texas DESCRIPTION, of a 604 square foot (0,014 acre) tract of land situated in the W. M. McCowen Survey, Abstract No. 999, City of Fort Worth, Tarrant County, Texas; said tract being part of Lot 1, Block 2 Synergy West, an addition to the City of Fort Worth according to the plat recorded in Instrument No. D222272199 of the Official Public Records of Tarrant County, Texas and being part of that tract of land described in Deed Without Warranty to TCRG Opportunity IX, LLC recorded in Instrument No. D216215621 of said Official Public Records; said 604 square foot (0,014 acre) tract being more particularly described as follows (bearing System for this survey is based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone 4202, based on observations made on September 24, 2021 with a combined scale factor of 1.00012); COMMENCING, at the intersection of the east right-of-way line of Harmon Road (a variable width right-of- way) and the west right-of-way line of Harmon Road East (an 80-foot wide right-of-way) and being the most southerly southeast corner of said Lot 1; In a northeasterly direction along said west line of Harmon Road East, the east line of said Lot 1, and a curve to the right, having a central angle of 25 degrees, 17 minutes, 32 seconds, a radius of 666.00 feet: a chord bearing and distance of North 43 degrees, 59 minutes, 33 seconds East, 291.61 feet, an arc distance of 293.99 feet to the south corner of an existing 30' sewer facility easement recorded in Instrument No. D222272199 of said Official Public Records; from said point along said curve a point of tangency of said Lot 1 bears an arc distance of 91.95 feet; South 89 degrees, 40 minutes, 36 seconds West, departing said west line of Harmon Road East and said east line of Lot 1. along the south line of said existing 30 sewer facility easement, a distance of 35.05 feet to the POINT OF BEGINNING; THENCE, South 89 degrees, 40 minutes, 36 seconds West, continuing along said south line of existing 30' sewer facility easement, a distance of 20.14 feet to a point for corner, - THENCE, North 41 degrees, 32 minutes, 07 seconds East, departing said south line of existing 30' sewer facility easement, a distance of 40.28 feet to a point in the north line of said 30' sewer facility easement; THENCE, North 89 degrees, 40 minutes, 36 seconds East. along said north line of 30' sewer facility easement, a distance of 20.14 feet to a point for corner; THENCE, South 41 degrees, 32 minutes, 07 seconds West, departing said north line of 30' sewer facility easement, a distance of 40,28 feet to the POINT OF BEGINNING; CONTAINING: 604 square feet or 0.014 acres of land, more or less. (A survey plat of even survey date herewith accompanies this description.) The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the encroachment tract described. 12/2912022 Robert W. Bryan Date Registered Professional Land Surveyor No. 5508 Pacheco Koch Consulting Engineers, Inc. 4060 Bryant Irvin Road, Fort Worth: TX 76109 (817) 412-7155 TX Reg. Surveying Firm LS-10008001 3734.21.493E EA_Legal.doc 3734-21.493EEA.dwg GAL PAGE 1 OF 2 ' .OF f �: ewY� 9OB R_T .W. BRYAN ................ 5508 4�tio°.;;L s s ; 0 15 30 60 GRAPHIC SCALE IN FEET LOT 1, BLOCK 2 SYNERGY WEST (INST. NO. D222272199) PART OF TCRG OPPORTUNITY IX, LLC (INST. N0. D216215621) LEGEND - - - PROPERTY LINE EASEMENT LINE O POINT FOR CORNER (UNLESS OTHERNSE NOTED) (C.M.) - CONTROLLING MONUMENT -- POINT OF BEGINNING A0• C. POINT OF COMMENCING EASEMENT 30' SEWER FACILITY ENCROACHMENT EASEMENT A#0" 89 40'36" E 6 36' (INST. NO. D222272199) 0.14 FL (0 N 41 '32'07" 41-32'07" W 40.28.28' i O O S 89'40' 2Q.14 Q Cr 2S'17' 32" �1 R=666.00' L=293.99' T=149.43' CB=N 43'59'33" E CD=291.61' The undersigned, Registered Professional Land Surveyor, hereby certifies that this plat of survey accurately sets out the metes and bounds of the encroachment tract described.i %P ROBERT *W, 'BRYAN ....................... Wle� / 1 12/29i2022 Robert W. Bryan Date Registered Professional TX REG. ENGINEERING FIRM F-469 Land Surveyor No, 5508 TX REG. SURVEYING FIRM L5-10008001 Pacheco Koch 4060 BRYANT IRVIN ROAD FORT WORTH, TX 76109 IN a VVestwood Company 1 817.412.7155 DlTAWN BY CI+IECKEO BY SCALE DATE JOB N&MBER GAL RW1"=30' DEC 2022 3734-21.493 LOT 1, BLOCK 1 SYNERGY WEST NOTES: (INST. NO. D218266488) 1. A metes and bounds description of even survey date herewith accompanies this plat of survey. 2. Bearing system for this survey is based on Texas Coordinate System of 1983 (2011 adjustment), North Central Zone 4202, based on observations made on September 24, 2021 with a combined scale factor of 1.00012. EASEMENT ENCROACHMENT AGREEMENT- NO. 2 PART OF LOT 1, BLOCK 2 SYNERGY WEST W. M. MCCOWEN SURVEY, ABSTRACT NO. 999, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS PAGE 2 OF 2 WI a EMCIRD&CHN IEHU HDA - [PL&H VNEW PROP. PRIVATE 18" STORM LINE PART OF TCRG OPPORTUNITY IX, L.L,C. (INST. NO. D216215621) 0 20 40 80 GRAPHIC SCALE IN FEET PROP. PRIVATE 10" FIRE LINE PROP. PRIVATE 8" SANITARY SEWER PROP. PRIVATE 4' � SSWR MANHOLE —N—Bs 40'36" E 263.97 S 33'32'06" E 35.86' E 242.9.0 "PROP. PUBLIC 8" SANITARY SEWER PROP. PUBLIC 30' SANITARY SEWER EASEMENT PROP. FIRE LINE CROSSING (ENCROACHMENT NO. 1) x S 89.40'36" W r17.93' N 33'32'06" W 35.86' — �f — N O 89'40'36" E 17.93/ y PROP. PRIVATE f 12" STORM UNE a O h NOTES: 1. CONTRACTOR TO INSTALL WARNING TAPE ON TOP OF ALL PRIVATE STORM DRAIN AND SANITARY SEWER INSIDE OF PUBLIC WATER OR � SEWER EASEMENTS. 2. OWNER MUST BE AN ACTIVE PARTICIPANT IN THE TEXAS EXCAVATION SAFETY SYSTEM (TESS) OR ITS EQUIVALENT FOR THE DURATION OF THE ENCROACHMENT. 3. CONTRACTOR TO PROVIDE DENSITY TESTING RECORDS TO CITY. 4. REPAIRS TO PRIVATE STORM DRAIN AND SANITARY SEWER WITHIN PUBLIC WATER OR SEWER EASEMENTS MUST BE DONE BY A CONTRACTOR THAT -I MEETS THE CITY'S LICENSE, BONDING, AND INSURANCE REQUIREMENTS. N 5. FUTURE PAVING REPAIRS WILL BE THE RESPONSIBILITY OF THE o PROPERTY OWNER. m TX REG. ENGINEERING FIRM F-469 lV :I TX REG. SURVEYING FIRM LS-10008001 r 4060 BRYANT IRVIN PROP. PRIVATE / 18" STORM LINE / PROP. PRIVATE 8" SANITARY SEWER EX. PUBLIC 4' SSWR MANHOLE i ® ENCROACHMENT AREA Pacheco loch ---- FORT WORTH, TX 76109 SYNERGY 500 ENCROACHMENT AGREEMENT IM a Westwood company 617.412.7155 J LOCATED IN THE CITY OF FORT WORTH, TEXAS q DRAMN BY ChECXEO BY BCALF DATE /OB IWMBER BEING OUT OF THE W.M. MCCOWEN SURVEY. A13STRACT NO. 999 i ESW HPB 1"=40' 09/21/2022 3734-21.493 TARRANT COUNTY. TEXAS x PROP. PRIVATE 18" STORM LINE PART OF� TCRG OPPORTUNITY K L.L.C. (INST. NO. D216215621) 0 20 40 80 GRAPHIC SCALE IN FEET PROP. PRIVATE 10" FIRE LINE \ I wor"v< PROP, PRIVATE 8" SANITARY SEWER PROP. PRIVATE 4' SSWR MANHOLE N 89 40'36" E 263.97'_ N 41'32'07" E - 40.28' 1+0 N 8 '40'36' E 242.9D'PROP. :*00nPROPFRIVATE PUBLIC8S 89'40'36" WSANITARY SEWER 20.14PROP. PUBLIC 30'SANITARY SEWER EASEMENT 12" STORM LINE J / O Y / 0 J � / ON i a C NOTES: 1. CONTRACTOR TO INSTALL WARNING TAPE ON TOP OF ALL PRIVATE STORM DRAIN AND SANITARY SEWER INSIDE OF PUBLIC WATER OR SEWER EASEMENTS. 2. OWNER MUST BE AN ACTIVE PARTICIPANT IN THE TEXAS EXCAVATION SAFETY SYSTEM (TESS) OR ITS EQUIVALENT FOR THE DURATION OF THE ENCROACHMENT. 3. CONTRACTOR TO PROVIDE DENSITY TESTING RECORDS TO CITY. i 4. REPAIRS TO PRIVATE STORM DRAIN AND SANITARY SEWER WITHIN PUBLIC WATER OR SEWER EASEMENTS MUST BE DONE BY A CONTRACTOR THAT MEETS THE CITY'S LICENSE, BONDING, AND INSURANCE REQUIREMENTS. 5. FUTURE PAVING REPAIRS WILL BE THE RESPONSIBILITY OF THE PROPERTY OWNER. F77777 " N/PROP. PRIVATE _N 89'40'36" E 18" STORM LINE 20.14' PROP. PRIVATE 8' SANITARY SEWER H / EX. PUBLIC 4' S 41'32'07" W SSWR MANHOLE 40.28' PROP. PRIVATE S ORM DRAIN CROSSING (ENCROACHMENT N 2) II ��TX REG. ENGINEERING FIRM F-469 Y TX REG. SURVEYING FIRM LS-10008001 — BRYAN wV ENCROACHMENT AREA Pacheco Koch I a IIRY11\RVMI! SYNERGY 500 FORT WORTH, TX 76109 ENCROACHMENT AGREEMENT a Westwood company 817.412.7155 LOCATEO IN THE CITY OF FORT WORTH, TEXAS Y ORANlY BY CJ CKED 8Y BGALE OATf 10g Bp BEING OUT OF THE W.M. MCCOWEN SURVEY, ABSTRACT NO. 999 c TARRPNT COUNTY, TEXAS 1. ESW HPB 1 _I1 =40' 09/21 /2022 3734-21.493 y 0 20 40 80 120 GRAPHIC SCALE IN FEET 0 5 10 1 VERTICAL SCALE IN FEET 815 815 0 15' LIMITS OF a 1 LIMITS OF oENCROACHMENT _ Z 810 810 w a ry Fl (SHED GRADE z W 805 805 � � r z r U `o EXISTING GRADE 800 800 m PROP. 12' aPRIVATE o 5 M LINE PROP. 10" o co PRIVATE U LINE 2 795 795 O N PROP. 8" PUBUC 790 790 M U Ca 785 785 a -0+50 0+00 1 +00 1 +50 Q PROFILE: SS-1 P N TX REG. ENGINEERING FIRM F-469 g TX REG. SURVEI1NG FIRM LS-10008001 Pacheco Koch 4060 BRYANT IRVIN ROAD SYNERGY 500 FORT WORTH, TX 76109 a Westwood company 617.412.7155 ENCROACHMENT AGREEMENT LOCAFD IN THE Cr Y OF FORT VIXK i TE W DRAWN BY CHECKED BY .SCALE -ATE JOB NlAUIBER em our OF THE WX YX XXIENi StNMY. ABSTRACT NO. 999 ESW W HPS 1"=40' 09/21/2022 3734-21.493 TY' rT7u�5 EXHIBIT D Certificate of Insurance Tier 11 Easement Encroachment Agreement Page 13 of 13 Revised 12/2022