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Home My WebLink AboutContract 59056Date Received: 3/16/2023 Time Received: 8:55 a.m. Record Number: PN22-00170 City Secretary No.: 59056 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER II 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 Heart of the Ranch Ltd, a(n) Texas limited partnership ("Licensee"), acting by and through its duly authorized Vice President. RECITALS WHEREAS, Licensee is the owner of the real property located at 4800 Edwards Ranch Road, Fort Worth, Texas 76109 ("Property"'), recorded in Deed Records, by Instrument Number D212318330, in Tarrant County, Texas being more particularly descnbed in the attached Exhibit "A" which is incorporated herein for all purposes; and WHEREAS, the City owns a water facility 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 as separate instrument records of Tarrant County as D222273690; 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 sewer 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 1 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 "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 II Easement Encroachment Agieem nt 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 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 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. Tier II Easement Encroachment Agreemxnt 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 "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 H Easement Encroachment Agreernent Page 4 of 13 Revised 12/2022 11. Licensee agrees to deposit with the City when this Agreement is executed a sufficient sum of money to be used to pay necessary fees to record this Agreement in the real property records of the county in which the Encroachment is located. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. 12. Licensee agrees to comply fully with all applicable federal, state, and local laws, statutes, ordinances, codes, and regulations in connection with the construction, operation, and maintenance of the Encroachment and use of the Public Property. 13. Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for by this Agreement or by any federal, state, or local statute, law, or regulation. 14. Licensee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant, or employee of City, and Licensee shall have exclusive control of and the exclusive right to control the details of its operations, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. The doctrine of respondeat superior shall not apply as between City and Licensee, its officers, agents, servants, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Licensee. 15. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain, and locate the Encroachment over or within the Public Property and is not a conveyance of any right, title, or interest in or to the Public Property, nor is it meant to convey any right to use or occupy property in which a third -party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. 16. Tier H Easement Encroachment Agreement Page 5 of 13 Revised 12/2022 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. assigns. 20. This Agreement shall be binding upon the parties hereto and their successors and 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 H Easement Encroachment Agreement Page 6 of 13 Revised 12/2022 City: CITY OF FORT WORTH By: DJ Harrell (Mar 14, 202313:45 CDT) D.J. Harrell, Director of the Development Services Department Date: Mar 14, 2023 ATTEST: Jannette Goodall, City Secretary Date: Mar 16, 2023 bo-ovopp� oaf FOR r �Ba �.f.C°°°° °°°�Lpdad p�0 °g9 d o_ �d Pva o=d °o �T ° p a� nEXA?a°p Licensee: Heart of the Ranch, Ltd a Texas limited partnership by: Cassco management company, LLC a Texas limited liability company as ven al palriner By: Dame: Paxton Modwral Title- Vice President Date: 1 aZ- Approved As To Form and Legality Thomas Royce Hansen Assistant City Attorney Date: Mar 10, 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. X&Xgl_� 1?74e�� D Rebecca Diane Owen (Mar 10, 2023 16:21 CST) Rebecca Owen Development Services Date: Mar 10, 2023 Tier II Easement Encroachment Agreement OFFICIAL RECORD page 7 of 13 CITY SECRETARY Revised 12/2022 FT. WORTH, TX 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_14th day of March 12023 . WendL Digitally signed by Y • Wendy L. Beardslee Beardslee Date:2023.03.14 14:23:42-05'00' 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 II Easement Encroachment Agreement op' 'pie/ WENDY L BEARDSLEE z Notary Public * * STATE OF TEXAS N P Notary I.D. 13323719-3 T9�OFj�+ My Comm. Exp. July 28, 2025 Page 8 of 13 Revised 12/2022 STATE OF f A § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of (AIA� , on this day personally appeared Paxton Motheral, Vice President, 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 Heart of the Ranch, Ltd., a Texas nonprofit corporation, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this &-fk day of MArdt, 20 a-3 Notary Pub c in and for the State of -T� EMILY DOTSON i? Lam= Notary Public, State of Texas % � Comm. Expires 08-05-2024 "Illy �ii°;,,.�� Notary ID 130766642 Tier II Easement Fncroachment Agreement Page 9 of 13 Revised 12/2022 EXHIBIT A Legal Description ofthe Licensee's Property BEING a 15.657-acre tract of land situated in the L.J. Edwards Survey, Abstract Number 464, the F.G. Beasley Survey, Abstract Number 134 and the S.C. Inman Survey, Abstract Number 824, Tarrant County, Texas, and being a portion of the tract of land described in the deed to Edwards Geren Limited recorded in Volume 12915, Page 394, Deed Records of Tarrant County, Texas, said 15.657-acre tract of land Tier II Easement Encroachment Agreement Page 10 of 13 Revised 12/2022 i G�� S P �p,N �CFz ci _Z rAl > 40— it m PROJECT LOCATION O0 J cf) Ucy, W 2 CPN: 103853 MAPSCO PAGE 75—X COUNCIL DISTRICT NO. 3 LOCATION MAP OWNER: li!�I PELOTON CASSCOIIII LAND 2OIU TIONI NORTH HEART OF THE RANCH DEVELOPMENT CO 600 W 6TH ST, SUITE 175 NOT TO SCALE CLEARFORK ADDITION 4200 S HULEN ST. SUITE 614, FORT WORTH, TX 76102 PHONE: 817-562-3350 DATE: 12/21/2021 FORT WORTH, TEXAS 76109 EXHIBIT B Depiction of the Public Property Tier H Easement Encroachment Agreement Page 11 of 13 Revised 12/2022 sn ti SITE XA A A A, 1j. I �/ �,.. r Ut�trw't,l?.f"F",4"o' f4.a 'r- Al ,—A t-11. —M- 1'T1111Tl1,!AV.—V, "Zmm VIM.. 11— 1"•. 'A'. A. 1. 1- N rwv 'ta mor. .40,'-.x 0-11 11- 1-1— w E M"'Mi 'W, GRAPRC SCALE IN FF�fl 40' AA ...... . t. J" A "A X\ D2 23Z= C.R.T.C.7. Vvi, V 4814 48M 40-41 iY- i2� < PelA,en land SnWlmv. be F- "m FORT WORTI I 11r— CITY PLAN COMMISSION C1 `O�IOR�T [WORM Fix A, .... .... .. A L., 0111 A if/ A% 111,4Z FP-22-011 F.— RS It- R.D S.1, WF door L.4vo„on Fas A';.AN, Q- spAA. Point of /Ir BeginnirkR ®R, "Al I Lot 1. Biit I & Lot 1. Block iX Edwards Ranch Cleacfork - HOTR Addition 'imlm ----------- CA7E A FIN PLAT OF Job III. G=1005 Rwi— Hill PELOTON Lot 1, Block i & Lot 1, Block 1X 0— Gy. TWIT Edwards Ranch (',Ip.nrfbrk - 110TR Addition CIAAA,,J or TADI It'llI-LAND SOLUTIONS A1p0]ar.e wrbY 1. Thl VIy Al - I W T A, -Ay, I., l,, the — E— -n % =' vmmT.s CA-ty, TA— D222273690 11/21/2022 04:09 PM Page: 1 of 6 Fee: $39.00 Submitter: COFW CFA OFFICE Electronically Recorded by Tarrant County Clerk in Official Public Records r3 MARY LOUISE NICHOLSON COUNTY CLERK CPN 103853 — Heart of the Ranch — Clearfork Addition Parcel 02 4889 Edwards Ranch Road Lot 1, Blocic 1 Edwards Ranch Clearfork — HOTR Addition THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT § CITY OF FORT WORTH PERMANENT WATER FACILITY EASEMENT DATE: November 17, 2022 GRANTOR: HEART OF THE RANCH LTD, a Texas limited partnership GRANTOR'S MAILING ADDRESS (including County): 4200 SOUTH HULEN STREET, SUITE 614 FORT WORTH, TARRANT COUNTY, TEXAS 76109 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 Water Main 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, valves, pipelines, water meters, 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, ORl WOKTH palmncnl Wntar Fnitityfue—ut Rev. 12'2/2021 D222273690 Page 2 of 6 together with the right 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 (1) use the Easement Property in any manner which interferes in any material way or is inconsistent with the rights granted hereunder, or (II) erect or permit to be erected within the Easement Property a permanent structure or building, including, but not limited to, monument sign, pole sign, billboard, brick or masonry fences or walls or other structures that require a building permit. However, Grantor shall be permitted to install and maintain a concrete, asphalt or gravel driveway, road or parking lot across the Easement Property. Grantee shall be obligated to restore the surface of the 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 Property 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) Yen." Walu Faciley Eou m Rev. 1 b2j2021 FORTWORM D222273690 Page 3 of 6 GRANTOR: HEART OF THE RANCH, LTD., a Texas limited partnership By: CASSCO MANAGEMENT COMPANY, LLC, a Texas limited liability company its General Partner By: !� Paxton E. Motheral, Vice President ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF I �t'fg�� § BEFORE ME, the undersigned authority, a Notary Public in and for the State of TEXAS, on this day personally appeared Paxton E. Motheral, Vice President, 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 CASSCO MANAGEMENT COMPANY, LLC, a Texas limited liability company, the general partner of HEART OF THE RANCH LTD., a Texas limited partnership, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 10ff 3 _ day of ox , 20 ;k2t n �utlrl RAMONA PETERSON Notar Public in and for the State of Texas k%Notary Public, State of Texas B.1 i'% Comm. Expires 11.13.2026 Notary ID 563820-3 Pemnmmt Water facility Ememeut RevJ21b1021 1'oin-WOR'ni "_. D222273690 Page 4 of 6 GRANTEE: CITY OF FORT WORTH T l3uz �r�eLL By: oana Burgbdoff (Nov 17, 20' . 13:31 CSr 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. Sigh -son Nauyen for By; oid,s.n guyen(Muv 16, 20223.12 CST) Janie Scarlett Morales Planning Manager ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of TEXAS, on this day personally appeared 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. l GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20)9. , J( a' yw Ecs TIFFANY BACON Not = ublic ' i nd for the State of TEXAS Notary Public STATE OF TEXAS ;� ID#128261860 M Comm. Exp. Jan. 8, 2023 FoxrWoR 11 31emmunt Wal" Fm iiy Eo ment Rev. 11, 202( D222273690 Page 6 of 6 Exhibit "A" DESCRIPTION OF A WATER LINE EASEMENT BEING that certain tract of land situated in the L.J. Edwards Survey, Abstract Number 464, City of Fort Worth, Tarrant County, Texas, being a portion of Lot 1, Block 1, Edwards Ranch Clearfork — HOTR Addition, an addition to the City of Font Worth, Texas, by plat recorded in Instrument Number D222071456, County Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod, with plastic cap stamped "PELOTON", found at an "ell" corner in the west line of said Block 1, the most northerly corner of Lot 1, Block I X, said Edwards Ranch Clearfork — HOTR Addition, and the most easterly southeast corner of Lot 1, Block SW-8, Edwards Ranch Clearfork Addition, an addition to said City of Fort Worth, by plat recorded in Instrument Number D215023841, said County Records; THENCE N 58018'14"W, 12.00 feet, with said west line and the east line of said Block SW-8; THENCE N 32043' 17"E, 10.00 feet, departing said conunon line, to the POINT OF BEGINNING; THENCE over and across said Lot 1, Block 1, the following bearings and distances: N 58018' 14"W, 11.00 feet; N 32°43' 15"E, 14.33 feet; S 57°16'45"E, 15.76 feet; S 32°43'15"W, 7.92 feet; N 57°16'45"W, 4.76 feet; THENCE S 32043' 17"W, 6.22 feet, to the Point of Beginning and containing 194 square feet or 0.004 acres of land more or less. "Integral Parts of this Document" 1. Description 2. Exhibit Peloton Job No. CDC21005 Ft. Womb October 04, 2022 G:\JOB\CDC21005_HOTR\MASTERDEV\_SURIEASEMENTS\LEGALS\CDC21005_EA3.DOC'X Page I of 2 D222273690 Page 6 of 6 n Basis of bearing is the Texas Coordinate System North Central Zone 4202,NAD83 IRF , IRON ROD FOUND LINE TABLE vi L1 N58018'14"W 11.00' L2 N57016'45"W 4.76' L3 S32° 43'17"W 6.22' 0 20 40 GRAPHIC SCALE IN FEET "IntegralPorts of this Document" 1. Description 2. Exhibit i Lot I. Block I. Edwords Ranch l Clearfork - HOTR Addition Inst." D222071456 i C.R.T.C.T. i i ASA I F d ��ty S6 � n� is, S•. ' °rlBi q4k 241, S4' Ft S32° 43'15"W I -QO 41 (point of >� Beginning "! / Q7• Point Of i Commencing / Lot 1, Block IX, Edwards Ronch Cleorfork - HOTR Addition Insl.• D222071456 /. C.R.T.C.T. j N "Preliminary, this document shollnot be 0 recorded for any purpose and shollnot be used or viewed or relied upon as a o finalsurvey document" 22 TAC 138.33e a Todd A. Bridges, RPLS 4940 o Date: 10/4/2022 1101 P E LOTO N I' LAND SOLUTIONS lJODO H"LWCOD PARKWAY. SUI I 250 M EXHIBIT OF A Water Line Easement Situated in the L.J. Edwards Survey, Abstract Number 464 City of Fort Worth, Tarrant County, Texas. JOB # CDC21005 1DRAWN BY: TBR (CHECKED BY: TAB IIDATE: 10-04-22 IPAGE # 2 o12 EXHIBIT C Depiction and description of the Encroachment Tier II Easement Fncmachment Agreemxrt Page 12 of 13 Revised 12/2022 DESCRIPTION OF AN EASEMENT ENCROACHEMENT BEING that certain tract of land situated in the L.J. Edwards Survey, Abstract Number 464, City of Fort Worth, Tarrant County, Texas, being a portion of Lot 1, Block 1, Edwards Ranch Clearfork — HOTR Addition, an addition to the City of Fort Worth, by plat recorded in Instrument Number D222071456, County 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 "PELOTON", found at the most northerly corner of Lot 1, Block 1 X, said Edwards Ranch Clearfork — HOTR Addition, and the most easterly southeast corner of Lot 1, Block SW-8, Edwards Ranch Clearfork Addition, an addition to said City of Fort Worth, by plat recorded in Instrument Number 13215023841, said County Records; THENCE N 58018' 14" W, 12.00 feet, with said west line and the east line of said Block SW-8; THENCE departing said common line, N 32'43' 15" E, 10.00 feet, to the southerly southeast corner of a waterline easement, recorded in Instrument Number D222273690, said County Records; THENCE N 58018' 14" W, 5.00 feet to the POINT OF BEGINNING; THENCE over and across said Lot 1, Block 1, the following bearings and distances: N 58018' 14" W, 5.00 feet; N 32043' 15" E, 14.31 feet; S 57016'45" E, 5.00 feet; THENCE S 32043' 15" W, 14.23 feet to the Point of Beginning and containing 71 square feet of land more or less. "Integral Parts of this Document" 1. Description 2. Exhibit Peloton Job No. CDC21005 Ft. Worth November 22, 2022 G:U0B\CDC21005_H0TR\MASTERDEV\_SUR\EASEMENTS\LEGALS\CDC2I005_EA4.DOCX Page 1 of 2 l/I � \ / C)0 o / f Lin l C�G ) - /,/ �lD. l 50 il c-, � ?./ om / � U) Lo *�6 ssBy�� 4O,/o � In 3 u. ME N O N N t ro 0 0 n LA 0 c 0 cD o. n 3 O (D -rt r O c- m � O r p ?" a o < o O D C (7 :3 D7 t to tb- N \N-3� C, Q / / cnNWN O Qti�0��'t� A�,, V1 Z Z Z ��vp "Cl W U1 W 1.J7 lT1 d --�- ' � ' as y� / - AGO N - N) 00 00 1• - /- N- o 0 0 0 0 0 3 or - cn cn cn 00 oco & o cr1 -N cn cn o / N O W 00 N W O 00 -' 0 I =m 77 -!`�" z�w NOQ = �N-1f m� T1 x En 0 M C)3 N S N FA. �, 0 l •� /// /// / NNS �Da o� 2- �p0 :p Q'a� oo z 0m / /' /\ `� /` / N o O o o a p to 14 p m 7 Om m N w Vl C A �c \ c O2Fose��/row z 00 0 0 \ J 0 n� 'A 3� A � 0-p o !p �� S 7 =t= P E LOTO N Air L A N D S O L U T I O N S 9800 HILLWOOD PARKWAY, SUITE 250 / / JOB # CDC21005 CD 4 �7 D 0 n ---I m -i O BY: S. PONCE (CHECKED BY: T. BRIDGES (DATE: 10/07/2022 PAGE # 2 of 2 I All - HOW. coEEcrrocnsmc 9 C/) �® EXHIBIT D Certificate of Insurance Tier II Easement Encroachment Agceem►t Page 13 of 13 Revised 12/2022