Loading...
HomeMy WebLinkAboutContract 59057Date Received: 3/16/2023 Time Received: 1:34 p.m. Re cord Number: PN22-00175 City Secretary No,: 59057 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 ONM SUMMER CREEK COTTAGES, LLC, a(n) a 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 9100 Summit Ridge Road, Fort Worth, Texas 76123 ("Property"), as recorded in Deed Records, by Instrument Number D221059982, in Tarrant County, Texas, and; WHEREAS, the City owns a drainage and water easement (the "Public Property") adjacent to the Property, recorded in the deed records of Tarrant County by instrument number D223003853; 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 "A," but only to the extent shown thereon, for the purpose of constructing, installing, and maintaining a sanitary sewer (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 the OFFICIAL RECORD Tier II Easement Encroachment Agreement CITY SECRETARY Page 1 of 13 FT. WORTH, TX Revised 12/2022 Encroachment to further infringe in or on the Public Property beyond what is specifically described in Exhibit "A." 0 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 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 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 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. Tier II Easement Encroachment Agreement 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 II 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 II Eas ement Encroachment Agreement Page 6 of 13 Revised 12/2022 City: CITY OF FORT WORTH By: DJ Harrell (Mar 14, 202316:22 CDT) D.J. Harrell, Director of the Development Services Department Date: Mar 14, 2023 ATTEST: U Jannette Goodall, City Secretary Date: Mar 16, 2023 p4vopp 4� FAR?�Ilap p A' ° ado a-+o Pvo o=4 p�� rExAs4dp ��Q44d44 Licensee: ONM SUMER CREEK COTTAGES, LLC a Texas limited liability company By: ONML Manager, LLC a Texas limited liability company it nager By. ?i Name: Zac T ompson Title: President Date: 3 / (e l Z 5 Approved As To Form and Legality Ter'emy, nafo-Nensah forte Jeremy Anato-Mensah for (Mar 14, 2023 16:17 CDT) Thomas Royce Hansen Assistant City Attorney Date: Mar 14, 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. i�acc� .ate D� Rebecca Diane Owen (Mar 14, 2023 16:20 CDT) Rebecca Owen Development Services Date: Mar 14, 2023 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II Easement Encroachment Agreement Page 7 of 13 Revised 12/2022 ***THIS PAGE FOR CITY OF FORT WORTH OFFICE USE ONLY*** 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, brown 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 , 20 23 Wendy L.Bea rdslee Digitally signed by Wendy L. Beardslee Date: 2023.03.14 16:49:24-05'00' 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 O�pRYP(WENDY L BEARDSLEE z Notary Public * * STATE OF TEXAS N /�1 Notary I.D. 13323719-3 T9TFOF'� My Comm. Exp, July 28, 2025 Page 8of13 Revised 1212022 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of on this day personally appeared Zac Thompson, 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 ONM SUMER CREEK COTTAGES, LLC, a Texas limited liability company (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 6 0 day of mar Notary Public in and for the State of ARLENE TURNER �-Notary Public, State of Texas Comm. Expires 03-31-2026 Notary ID 129766993 Tier II Easement Encroachment Agreement Page 9 of 13 Revised 12/2022 EXHIBIT A Legal Description of the Licensee's Property TRACT 1 BEING a 10.4078 acre (453,362 square feet) tract and of land situated in the Juan Albirado Survey, Abstract No. 4, City of Fort Worth, Tarrant County, Texas; said tract being part of Tract 3 described in Special Warranty Deed to SLF IV - Chisholm Trail, L.P. (formerly SLF IV/Legacy Capital, L.P.) recorded in Instrument No D210314509 of the Official Public Records of Tarrant County, Texas as corrected in Special Warranty Deed - Correction Affidavit recorded in Instrument No. D214151266 of said Official Public Records TRACT 2 BEING a 6.9731 acre (303,750 square feet) tract of land situated in the Juan Albirado Survey, Abstract No. 4, City of Fort Worth, Tarrant County, Texas; said tract being part of Tract 3 described in Special Warranty Deed to SLF IV - Chisholm Trail, L.P. (formerly SLF IV/Legacy Capital, L.P.) recorded in Instrument No D210314509 of the Official Public Records of Tarrant County, Texas as corrected in Special Warranty Deed - Correction Affidavit recorded in Instrument No. D214151266 of said Official Public Records TRACT3 BEING all of Lot 3X, block 4, Chisholm Trail Ranch, an addition to the City of Port Worth according to the plat recorded in Instrument No. D220041937 of the Official Public Records of Tarrant County, Texas. BEING all of Lot 4X, block 4, Chisholm Trail Ranch, an addition to the City of Fort Worth according to the plat recorded in Instrument No. D220041937 of the Official Public Records of Tarrant County, Texas. REPLAT LOT 1 R, BLOCK 5 CHISHOLM TRAIL RANCH A 18.2775 ACRE addition to Tarrant County, Texas Situated in the J.J ALBIRADO SURVEY,ABSTRACT NO.4 BEING A REPLAT of ALL of CHISHOLM TRAIL RANCH, LOT 1, BLOCK 5 AND LOT 1, BLOCK 6, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Instrument No. D222088926 Official Public Record, Tarrant County, Texas And being a part of CHISOLM TRAIL RANCH, LOTS 1 AND 2X-4X, BLOCK 4, CRESCENT HILL LANE, MOUNTAIN BROOK LANE AND SUMMIT RIDGE ROAD, an addition to the City of Fort Worth, Texas as recorded in Instrument Number D22004193 7 Tier II Easement Encroachment Agreement Page 10 of 13 Revised 12/2022 0 1000, GRAPHIC SCALE 1000' 11u1�i► 10 loon Vicinity Map Cottages at Fort Worth, Texas May 2021 Summer Creek -iiini%ni�� 4 nmmm�►� Ki* l Horn 400 N. Oklahema Cr� Ze 105 Celina, Texas 75009 469-501-2200 State ExFa Texas Registration No.F-K2�TMLcm flc EXHIBIT B Depiction of the Public Property Tier II Easement Encroachment Agieement Page 11 of 13 Revised 12/2022 ONNE0. � °T,9OCP. s° PDDETAPAPT�EP,LL= CHLSOW iPAi MYCN �NST.Ir°. D]]Xb3Yi0 W9i rp DtEWfIPTT YP.P iG T. Axva�� _ Z°NiPp-PY6i,A nn+w:rvwn5n _— —YYLTFMI� � \ _ _ — -- SUMMIT RIDGE ROAD (WF00T WDE RIGHT-OF-WAY) bsn ¢¢y¢ P11q I i r I bwS 'el 3 b L.P 1 I �•` $n � I u 4 �• I ' � 9 �_s 1 F C4 eb;g I a•. A i c �% K 3 CB:3i5STOr — --ell r eps p. r zs- o p�-0 s fax I N --� ----'---'----- ;/ I it I j•l'. 1 1 St I I 91 __________..__-_._-_---' .r i tl x. SS ' �� II 31 R �` i d£ y�e •1 i j l wm5 ,0. I r 1 2o9 I 1 1 I I it l l I i rl I ay idE$� 5 at aR £ d a 'tea /;I•. \. y gig g- gig 3g 1� s� ce+ - �\ as . \e_e ' e L L 'el ©©e©©aa®®®8®®A goo-g00o0lligo 1106002010000E T Z A = 6 } 0n(n W �o oZm § �C con Ha Z a t 3;°' <7 p1 m s 1 ?3m';0' $'sOD j 1,g'c /_\ D 1=1�y a 0 I> = bra An DD a roSr >N8� ZA dOr�oD�or� mr�d �l O a C O pm m zagTp-+ 0)cu �10-I pZo�iv m n� c� 0mx�2 zc7cbD ��d nD3vf�il ��Ce� s 8 n mo(��• O o I m C---II ?aO;Oy m o D� C)pa� .���� oGml0" I m � Z1 �nm Oyo ��p=r �(na�Zm i=0� G5�v �^ C zZ1ro ozc5CA a n titi�l �s a m mZ� om = Ohm a 7� �m/noyS !!_ -I ZOj mgDZ�Op��y A� yEd % �opOb ��r� o ZZL R Z O x N� T m gyp �'F�O �mdsF m x m t rt� 1\ N Is tit y ypgp 3 Y333e3�E q €tt 3 99 �Fy ygg 9 n 3 3Pd$ 6 y$� b 1SaY Q I H� g�gg 1 all 9 � Ti 1 EXHIBIT C Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page 12 of 13 Revised 12/2022 FIELD NOTE DESCRIPTION 0.1594 ACRES BEING a tract of land situated in the J.J. Albirado Survey, Abstract No. 4, Tarrant County, Texas and being a portion of Mountain Brook Lane a variable width right-of-way, also being a portion of Lot 1, Block 6 of Chisholm Trail Ranch, an addition to the City of Fort Worth, according to the plat filed of record in Document No. D222088926 Official Public Records, Tarrant County, Texas (O.P.R.T.C.T.), and being more particularly described as follows: BEGINNING at a point in said Lot 1, Block 6 of Chisholm Trail Ranch, at the beginning of a non -tangent curve to the left with a radius of 385.00 feet, a central angle of 02°14'23", and a chord bearing and distance of North 77°24'51" West, 15.05 feet; THENCE with curve to the left, an arc distance of 15.05 feet to a point for corner of this tract; THENCE North 17'11'11" East, passing the north line of the above -mentioned Lot 1, Block 6, same being common with the south line of the above -mentioned Mountain Brook Lane at a distance of 2.51 feet and continuing for a total distance of 11.82 feet to a point for corner of this tract; THENCE over and across the above -mentioned Mountain Brook Lane, the following twenty-six (26) courses and distances: North 59008'33" East, a distance of 15.54 feet to a point for corner of this tract at the beginning of a non -tangent curve to the left with a radius of 445.00 feet, a central angle of 9°47'58", and a chord bearing and distance of North 85°37'37" West, 76.02 feet; With said curve to the left, an arc distance of 76.11 feet to a point for corner of this tract; South 89°26'56" West, a distance of 89.51 feet to a point for corner of this tract; South 59°26'56" West, a distance of 10.00 feet to a point for corner of this tract; South 89026'56" West, a distance of 17.51 feet to a point for corner of this tract; North 00033'04" West, a distance of 15.00 feet to a point for corner of this tract; North 89°26'56" East, a distance of 13.49 feet to a point for corner of this tract; North 59026'56" East, a distance of 10.00 feet to a point for corner of this tract; North 89°26'56" East, a distance of 93.56 feet to a point for corner of this tract at the beginning of a tangent curve to the right with a radius of 455.00 feet, a central angle of 01'27'15", and a chord bearing and distance of South 89049'41" East, 11.55 feet; With said curve to the right, an arc distance of 11.55 feet to a point for corner of this tract; North 45°33'04" West, a distance of 14.75 feet to a point for corner of this tract; South 89°26'56" West, a distance of 39.69 feet to a point for corner of this tract; South 44°26'56" West, a distance of 6.77 feet to a point for corner of this tract; South 89026'56" West, a distance of 15.62 feet to a point for corner of this tract; North 00°33'04" West, a distance of 15.00 feet to a point for corner of this tract; North 89°26'56" East, a distance of 9.41 feet to a point for corner of this tract; North 44°26'56" East, a distance of 6.77 feet to a point for corner of this tract; North 89026'56" East, a distance of 52.11 feet to a point for corner of this tract; South 45°33'04" East, a distance of 37.53 feet to a point for corner of this tract at the beginning of a non -tangent curve to the right with a radius of 455.00 feet, a central angle of 13°03'50", and a chord bearing and distance of South 79°48'34" East, 103.52 feet; With said curve to the right, an arc distance of 103.74 feet to a point for corner of this tract; South 73'18'48" East, a distance of 85.15 feet to a point for corner of this tract; South 57°31'51" West, a distance of 0.58 feet to a point for corner of this tract; South 26°57'09" East, a distance of 20.12 feet to a point for corner of this tract, from which a 5/8-inch iron rod with plastic cap stamped "KHA" found in the south line of Mountain Brook Lane, same being common with the north line of the above -mentioned Lot 1, Block 6 bears South 38°05'33" East, 39.57 feet; North 73018'48" West, a distance of 96.65 feet to a point for corner of this tract at the beginning of a tangent curve to the left with a radius of 445.00 feet, a central angle of 04°20'20", and a chord bearing and distance of North 75°32'39" West, 34.45 feet; With said curve to the left, an arc distance of 34.46 feet to a point for corner of this tract, from which a 5/8-inch iron rod with plastic cap stamped "KHA" found in the south line of Mountain Brook Lane, same being common with the north line of the above -mentioned Lot 1, Block 6 bears South 12009'57" West, 21.59 feet; South 59°08'33" West, a distance of 26.67 feet to a point for corner of this tract; THENCE South 17'11'11" West, passing the south line of the above -mentioned Mountain Brook Lane at a distance of 2.36 feet and continuing for a total distance of 4.86 feet to the POINT OF BEGINNING and containing 6,942 square feet or 0.1594 acres of land. FIELD NOTE DESCRIPTION 0.2416 ACRES BEING a tract of land situated in the J.J. Albirado Survey, Abstract No. 4, Tarrant County, Texas and being a portion of Mountain Brook Lane a variable width right-of-way, also being a portion of Lot 1, Block 5 of Chisholm Trail Ranch, an addition to the City of Fort Worth, according to the Plat filed of record in Document No. 222088926 Official Public Records, Tarrant County, Texas, more particularly described as follows: BEGINNING at a point in the west line of Summer Creek Drive a 120 foot right-of-way at the beginning of a non -tangent curve to the left with a radius of 1,158.76 feet, a central angle of 00°44'30", and a chord bearing and distance of South 18°44'14" West, 15.00 feet, from which a 5/8-iron rod found for the north end of a corner clip, at the intersection of the west line of said Summer Creek Drive and the north line of said Mountain Brook Lane, bears with said curve in a northeast direction an arc distance of 5.14 feet; THENCE over and across said Mountain Brook Lane the following nine (9) courses and distances: With said curve to the left, an arc distance of 15.00 feet to a point for corner of this tract; North 70°31'24" West, a distance of 12.01 feet to a point for corner of this tract; South 64°28'36" West, a distance of 43.25 feet to a point for corner of this tract; North 70009'42" West, a distance of 94.18 feet to a point for corner of this tract; North 79'18'04" West, a distance of 61.16 feet to a point for corner of this tract; South 89°26'58" West, a distance of 10.38 feet to a point for corner of this tract; South 00°33'04" East, a distance of 15.93 feet to a point for corner of this tract; North 89°26'56" East, a distance of 4.99 feet to a point for corner of this tract; South 68°03'04" East, a distance of 35.06 feet to a point for corner of this tract; South 21 °56'56" West, a distance of 20.74 feet to a point in the north line of Lot 1, Block 6 of said Chisholm Trail Ranch, same being common with the south line of the above - mentioned Mountain Brook Lane, for corner of this tract; THENCE North 73019'40" West, with said common line, a distance of 5.04 feet to a point for corner of this tract at the beginning of a tangent curve to the left with a radius of 385.00 feet, a central angle of 01 °29'38", and a chord bearing and distance of North 74°04'29" West, 10.04 feet; THENCE continuing with said common line and with said curve to the left, an arc distance of 10.04 feet to a point for corner of this tract; THENCE leaving said common line, over and across the above -mentioned Mountain Brook Lane the following five (5) courses and distances: North 21 °56'56" East, a distance of 7.26 feet to a point for corner of this tract; North 68°03'04" West, a distance of 17.08 feet to a point for corner of this tract; South 89°26'56" West, a distance of 2.01 feet to a point for corner of this tract; South 00°33'04" East, a distance of 3.24 feet to a point for corner of this tract; South 10'41'54" West, a distance of 5.94 feet, returning to a point in the above -mentioned common line, for corner of this tract at the beginning of a non -tangent curve to the left with a radius of 385.00 feet, a central angle of 02°13'58", and a chord bearing and distance of North 78°25'25" West, 15.00 feet; THENCE with said common line and said curve to the left, an arc distance of 15.00 feet to a point for corner of this tract; THENCE over and across the above -mentioned Mountain Brook Lane the following nine (9) courses and distances: North 10'41'54" East, a distance of 4.23 feet to a point for corner of this tract; North 00033'04" West, a distance of 32.78 feet to a point for corner of this tract; North 68002'54" West, a distance of 6.95 feet to a point for corner of this tract; South 89°26'57" West, a distance of 348.69 feet to a point for the southwest corner of this tract; North 00033'04" West, a distance of 15.00 feet to a point for the northwest corner of this tract; North 89°26'57" East, a distance of 351.68 feet to a point for corner of this tract; South 68°02'54" East, a distance of 7.16 feet to a point for corner of this tract; North 89°26'58" East, a distance of 6.31 feet to a point for corner of this tract; North 00°33'04" West, a distance of 15.24 feet to a point in the north line of the above - mentioned Mountain Brook Lane, same being common with the south line of the above - mentioned Lot 1, Block 5, for corner of this tract; THENCE North 89026'56" East, with said common line, a distance of 5.65 feet to a point for corner of this tract at the beginning of a tangent curve to the right with a radius of 300.00 feet, a central angle of 03°41'50", and a chord bearing and distance of South 88°42'09" East, 19.36 feet; THENCE continuing with said common line and with said curve to the right, an arc distance of 19.36 feet to a point for corner of this tract; THENCE over and across the above -mentioned Mountain Brook Lane, the following three courses and distances: South 00033'04" East, a distance of 16.14 feet to a point for corner of this tract; South 79'18'04" East, a distance of 56.06 feet to a point for corner of this tract; South 70°09'42" East, a distance of 89.11 feet to a point for corner of this tract; THENCE North 64°28'36" East, passing the common line of the above -mentioned Mountain Brook Lane and the above -mentioned Lot 1, Block 5 at a distance of 33.98 feet and continuing for a total distance of 43.19 feet to a point in said Lot 1, Block 5, for corner of this tract; THENCE South 70°31'24" East, passing a corner clip for the intersection of the west line of the above -mentioned Summer Creek Drive, and the north line of said Mountain Brook Lane at a distance of 13.35 feet and continuing for a total distance of 18.03 feet to the POINT OF BEGINNING and containing 10,525 square feet or 0.2416 acres of land. PLOTTED BY DMO NAME LAST SAVED Z 0 <aC O c s �- N X N CD W N r+ 3 3 CD CD n CD x ry me 1" m � G)z m �(n m 0 D z z =a %-j M{ m 1 $m p STANEK. LOftl (TALT1) n/21/2072 iRJO AN K``CD -C1VL\06721YS0}-COTGC6 AT SUMMER giID(\CAD\PHASE - PRC QMROACH ENi EXH - STREET VACA1101 MM 11/17/2022 5:50 PM SUMMITII w Z m w z cn 0 40' GRAPHIC SCALE 40' STA: 8+12.33 LINE SS —A N: 6907714.33 E: 2304863.25 CONNECT TO EXIST MANHOLE 0 s� PROFILE SCALE 1" = 80' HORIZONTAL 1" = 8' VERTICAL o. o. N t a i a i i w'z o3a ao� 15' WL ESMT LINE SS —A W W O 15' STORM ESMT Q 2 U Q = ,n ¢ I cI a J N 2 to V Z W - 41 W ~ W 815 ? X z J X X 815 W W W I� O N u7 W Lo O 2 IV ~ M O OJ O1 •t H H + Ur': 2r0+~3 W tb Q to oo W f� 810 a o a �1< o? 810 EXISTING GRADE w u Fr to x WU� In U AT PIPE PROPOSED GRACE AT (� PIPE 805 _ _ _ —� I I 805 SS ENCROACHMENT #2: SS ENCROACHMENT #1: I ST RM (DRAIN WATERLINE I �� B00 (. �� 800 FXISTINQ r 12" WL CROSSING STA:8+32.03 EXISTING FL: 800.77 I24" RCP n STA: 8+52.49SSING 795 II EL:800.52 795 EXISTING 31 LF OF �' J 8" PVC 0 2. n —EXISTING 31 LF OF 790 ' .h a n 10 0)8' PVC 0 2.23% 790 O; r oz oz oz 785 00 to Co 00 co 785 � Ij Ij � � 1 J 7+00 8+00 9+00 10+00 SS ENCROACHMENT #1: WATERLINE SS ENCROACHMENT #2: STORM DRAIN STA: 8+74.78 LINE SS —A N: 6907655.15 E: 2304843.36 CONNECT TO EXIST MANHOLE (LINED) WITH EXTERNAL DROP Cottages at Summer Creek EASEMENTENCROACHMENT- PLAN & PROFILE Fort Worth, Texas December2022 Kimle l Horn 400 N. Oklahoma Dr. Suite 105 Celina, Texas 75009 469-501-2200 State of Texas Registration No. F-928 EXHIBIT D Certificate of Insurance Tier II Easement Encroachment Agreement Page 13 of 13 Revised 12/2022