HomeMy WebLinkAboutContract 59842Date Received: 7/26/2023 Record Number: PN23-00032
Time Received: 6:32 p.m. City Secretary No.: 59842
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
TIER 11
THIS AGREEMENT is made and entered into by and between THE CITY OF
FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"),
acting by and through its duly authorized City Manager, Assistant City Manager, or
Director of the Development Services Department, and LG Apt TX Fossil Creek LLC,
a(n) DeIaware limited liability company ("Licensee"), acting by and through its duly
authorized chief financial officer.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 3525 Tanacross
Drive, Fort Worth, Texas 76137 ("Property'), as recorded in Deed Records as a portion
of Block 8, Northern Crossing, Phase 1, an addition to the city of Fort Worth,
by Instrument Number D222223389, in Tarrant County, Texas, and;
WHEREAS, the City owns a water main easement (the "Public Property")
adjacent to the Property, recorded in the plat records of Tarrant County as plat number
FS-22-285; 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 private storm water drain (the "Encroachment"). Upon
completion of the Encroachment, Licensee agrees to be responsible for maintaining the
Encroachment within the Public Property. Licensee shall not expand or otherwise cause
Tier II Easement Encroachment Agreement OFFICIAL RECORD Page I of 12
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."
OA
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.
U
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
Tier It Easement Bneroachment Agreement Page 2 of 12
Revised 12/2022
the Water Department, the Director of the Development Services Department or their
duly authorized representative, provided that Licensee shall not be required to improve
the Public Property beyond the condition existing prior to construction of the
Encroachment. 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 fi-om 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 12
Revised 12/2022
9.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION
WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION,
MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE
ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT
CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF
THE CITY; AND LICENSEE HE, 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 "A."
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 he
revised upward at City's option, but upon no less than thirty (30) days prior written notice
to Licensee, 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 terns 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 Basement Encroaclunent Agreement Page 4 of 12
Revised 1212022
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 Iocated. 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.
Tier II Easement Encroachment Agreement Page 5 of 12
Devised 12/2022
16.
In any action brought by the City for the enforcement of the obligations of the
Licensee, City shall be entitled to recover interest and reasonable attorneys' fees.
17.
The parties agree that the duties and obligations contained in Section 5 shaIl
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
Tier II Easement Encroachment Agreement Page 6 of 12
Revised 12/2022
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Tier I1 Easement Encroachment Agreement Page 7 of 12
Revised 12/2022
City:
CITY OF FORT WORTH
By. DJ Harre1�202313:13 CDT)
D.J. Harrell, Director of the
Development Services Department
Date: J u 126, 2023
ATTEST:
Jannette Goodall,
City Secretaiy
Date: J u 126, 2023
0 oonnn
P O- p ..... 4 a�C
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PVe o=d
OPP* o 0 00 *�d
da�Il nE°XpSea
Licensee:
LG Apt TX Fossil Creek, LLC
a Delaware limited liability company
By: r �G
Name: Richard G. Lehn
Title: Chief Financial O�zcer
Date: a 17 / 04C o�
Approved As To Form and Legality
Jeremy Anato-Mensah
Assistant City Attorney
Date, J u l 20, 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.
Rebecca Diane Owen (Jul 20, 2023 13:08 CDT)
Date: J u 120, 2023
Rebecca Owen
Development Services
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Tier II Easement Encroachment Agreement Page 8 of 12
Revised 12l2022
�'N"THIS PAGE FUR CITY OF FO
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 26th day of
41ly , 2023
Kathleen Digitally signed by Kathleen �PRYP�a KATHLEEN BRADFORD
Bradford °
Date: 2023.07.2613:14 z c Notary Public
Bradford * * STATE OF TEXAS
-OS'00' �i. //�� e Notary I.D. 12197197 '
Notary Public in and for the State of Texas My Comm. Exp. Apr. 12, 2027
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
Tier 11 Easement Encroachment Agreement Page 9 of 12
Revised 12/2022
STATE OF I Y-P) �/-OfJ4§
COUNTY OF 1' ;5m4r §
Morm,
E, the undersigned authority, a Notary Public in and for the State of
V "n this day personally appeared Richard G. Lehn, Chief Financial Officer
(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 LG Apt TX Fossil Creek,
LLC, a a Delaware limited liability company (entity type), and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
200�3 .
N 2aPublic in and foghe
State of A
Tier 1I Easement Encroachment Agreement
, XV�jt I4110
Rotary Public
Union
County -
My Comm. Exp.
11-20.2024 Q
IWON
J() 'c ay offAv,
Page 10 of 12
Revised 12/2022
EXHIBIT A
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement Page I 1 of 12
Revised 12/2022
METES & BOUNDS
OF
ENCHROACHMENT "1"
RIGHT-OF-WAY ENCROACHMENT
DAVH) ODUM SURVEY, ABSTRACT NO.1184
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
Being a 995 square foot tract of land situated within the David Odum Survey, Abstract No. 1184, City of
Fort Worth, Tarrant County, Texas, being a portion of the right of way of Tanacross Drive, a variable width
right of way as dedicated on the plat designated as "Northern Crossing Phase 1, Block 5,6,7,8 & 9" recorded
in Volume 388-202, Page 69 of the Plat Records of Tarrant County, Texas. Said 995 square foot tract of
land being more particularly described by metes and bounds as follows:
COMMENCING at a 5/8-inch iron rod found at the southeast corner of a called 23637 acre tract of land
as described in the deed to LG APT TX FOSSIL LLC recorded under Instrument No. 222223389 of the
Official Public Records of Tarrant County, Texas, being the southwest corner of a called 2.3637 acre tract
of land as described in the deed to Equinox SS Fort Worth LLC recorded under Instrument No. 222128855
of said Official Public Records, being also on the north right of way line of said Tanacross Drive, and the
beginning of a curve;
THENCE westerly, coincident with the north right of way line of said Tanacross Drive, and with said
curve, concave to the south, having a radius of 830.00 feet and a chord bearing and distance
of SOUTH 89 degrees 57 minutes 03 seconds WEST, 48.75 feet, an are length of 48.76
feet to the POINT OF BEGINNING;
THENCE SOUTH 77 degrees 32 minutes 47 seconds WEST, 112,10 feet, through the interior of the
right of way of said Tanacross Drive;
THENCE NORTH 12 degrees 27 minutes 13 seconds WEST, 18.23 feet through the interior of the
right of way of said Tanacross Drive to the north right of way line of said Tanacross Drive,
being the beginning of a non -tangent curve, from which a found 1/2-inch capped iron rod
stamped "GRAHAM" bears a chord bearing and distance of SOUTH 89 degrees 55
minutes 20 seconds WEST, 15.72 feet;
THENCE easterly, coincident with the north right of way line of said Tanacross Drive, and said non -
tangent curve, concave to the north, having a radius of 770.00 feet and a chord bearing and
distance of NORTH 87 degrees 03 minutes 36 seconds EAST, 61.20 feet, an are length of
61.21 feet to a 1/2-inch capped iron rod stamped "PRECISE SURVEYING" found at the
beginning of a reverse curve;
THENCE easterly, coincident with the north right of way line of said Tanacross Drive , and with said
reverse curve, concave to the south, having a radius of 830.00 feet and a chord bearing and
distance of NORTH 86 degrees 27 minutes 36 seconds EAST, 52.37 feet, an arc length of
52.38 feet to the POINT OF BEGINNING, containing 995 square feet.
(Exhibit "A") Page 1 of 3
Bowman Consulting Group, Ltd.. 1200 west Magnolia Road, Suite 3t70 Fort Worth, Texas 76104 214-484-8586
NOTES:
1. Bearings are based on the Texas State Plane Coordinate System, North American Datum of 1983
(NAD83), North Central Zone (4202).
2. A plat of same date accompanies this legal description.
* SURVEYOR'S CERTIFICATE *
TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY STATE
THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND
FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE
AND CORRECT.
Company Name: Bowman Consulting Group, Ltd.
By:
Surveyor's N e: Robert A. Hansen
LSLS & Registered Professional
Land Surveyor No. 6439
Date: 2023-04-04
Texas Firm No. 10120600
......................... I ........
ROBERT A. HANSEN
.......,..,.
6439 J
���StlRV�oy
(Exhibit "A") Page 2 of 3
Bowman Consulting Group, Ltd, 1200 West Magnolia Road, Suite 300 Pori Worth, Texas 76104 214-484-8586
METES & B 0 UND S OF ENCROACHMENT 151 "
F A PORTION OF BLOCK 8 10'
NORTHERN CROSSING PHASE I PRIVATE
VARIABLE VOLUME 388-202, PAGE 69 DRAINAGE
WIDTH O.P.R.T.C.T. EASEMENT
WATER CALLED 2.3637 ACRES f (PROPOSED)
EASEMENT LG APT TX FOSSIL LLC
(PROPOSED) INSTRUMENT NO. 222223389
EQUINOX SS FORT WORTH LLC
40' BUILDING SETBACK O.P.R.T.C.T. — — INSTRUMENT NO. 22212.9855
O.P.R.T.C.T.
5' PERPETUAL WATER f i
10' BUILDING SETBACK MAINTENANCE EASEMENT
-VOL. 388-202, PAGE 69 VOLUME 388-202, PAGE 69:D
I I D.R.T.C.T. D.R.T.C.T.
FOUND 5/8"
�urcvrrrnu ON ROD
1 -
- — C4 --J — —
C1
FOUND 1/2" CAPPED ?:. :: :':`•;i;ii:;ii:iil:~ ::: ? :: '• ::: ��
IRON ROD "GRAHAM" .: �� 1� ��Z.�P.O.B.1
r
FOUND 1/2" CAPPED •`• '' i'` ` ``` ``
IRON ROD "GRAHAM" S T'247 TANACROSS DRIVE
VARIABLE WIDTH (VARIABLE WIDTH RIGHT OF WAY) I •
ENCROACHMENT EASEMENT VOLUME 388-202, PAGE 69 I o
(995 SQUARE FEET) P.R.T.C.T. �+
Line Table
Line # Bearing Distance
L1 N12'27'13"W 1 18.23'
Curve Table
'I Curve # Arc Length Radius Delta Chord Bearing
C1 48.76'
830.00'
003'21'57"
S89"57'03"W
C2 15.72'
770.00'
001'10'10"
S89'55'20'W
C3 61.21'
770.00'
004733'18'
N87-03'36"E
C4 52.38'
830.00'
003'36'58"
N8627'36"E
Chord Distance
48.75'
15.72'
61.20'
52.37'
Bo an NOTES:BEARINGS ARE EIASED ON THE TEXAS ST
(t) COORDINATE SYSTEM, NORM AMERICAN DATUMATE
OF PLANEOF
(NAM), NORTH CENTRAL ZONE (4202).
m 2023 Bowman Consu@irg Group, Ltd.
12CO West Magnolla Blvd„ Sulte 300 Phone: (214) 484-85BS (y)q PLALEGAL T. DESCRIPTION OF SAME DATE ACCOMPANIES THIS
Fort Worth, TX 76104 www.bowman.com T
TBPELS #10120600 ld
VARIABLE WIDTH ENCROACHMENT EASEMENT 4O' 2O' 0' 40'
SURVEY:DAVID ODUM SURVEY ABSTRACT NO. 1184
LOCATION: CITY OF FORT WORTH. TARRANT COUNTY. TEXAS
SUBJECT TRACT ACREAGE:2.3637 ACRES (DEEDS)
JOB NO.150032 DRAWN BY: JRP can FILE., SCALE IN FEET
DATE: 2023-04-04 I CHECK BY: RAH I SCALE: 1'= 40' I PAGE 3 OF 3
BOWMAN CONSULTING GROUP LTD. 1200 WEST MAGNOUA AVENUE, SUITE 300 FORT WORTH, TEXAS 76104 214-484-8586
D.R.T.C.T.
O.P.R.T.C.T.
P.R.T.C.T,
LEGEND
FOUND MONUMENT AS NOTED
CALCULATED POINT
EASEMENT UNE
PROPERTY UNE
DEED RECORDS
TARRANT COUNTY TEXAS
OFFICIAL PUBLIC RECORDS
TARRANT COUNTY TEXAS
PLAT RECORDS
TARRANT COUNTY TEXAS
�'�P��
..................................
ROBERT A. HANSEN
—i ....... _ _ _ .......?....
ROBERT A. HANSEN
LSLS & REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 6439
a
METES & BOUNDS
OF
ENCROACHMENT ".2"
OWNER: StayAPT Suite
RIGHT-OF-WAY ENCROACHMENT
DAVID ODUM SURVEY, ABSTRACT NO. I I84
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
Being a 415 square foot tract of land situated within the David Odum Survey, Abstract No. 1184, City of
Fort Worth, Tarrant County, Texas, being a portion of the right of way of Tanacross Drive, a variable width
right of way as dedicated on the plat designated as "Northern Crossing Phase I, Block 5,6,7,8 & 9" recorded
in Volume 388-202, Page 69 of the Plat Records of Tarrant County, Texas. Said 415 square foot tract of
land being more particularly described by metes and bounds as follows;
COMMENCING at a 5/8-inch iron rod found at the southeast corner of a called 2.3637 acre tract of land
as described in the deed to LG APT TX FOSSIL LLC recorded under Instrument No. 222223389 of the
Official Public Records of Tarrant County, Texas, being the southwest corner of a called 2.3637 acre tract
of land as described in the deed to Equinox SS Fort Worth LLC recorded under Instrument No. 222128855
of said Official Public Records, being also on the north right of way line of said Tanacross Drive, and the
beginning of a curve;
THENCE westerly, coincident with the north right of way line of said Tanacross Drive, and with said
curve, concave to the south, having a radius of 830.00 feet and a chord bearing and distance
of SOUTH 88 degrees 08 minutes 34 seconds WEST, 101.08 feet, an arc length of 101.t4
feet to a 1/2-inch capped iron rod. stamped "PRECISE SURVEYING" found at the
beginning of a reverse curve;
THENCE westerly, coincident with the north right of way line of said Tanacross Drive, and with said
reverse curve, concave to the north, having a radius of 770.00 feet and a chord bearing and
distance of SOUTH 87 degrees 38 minutes 41 seconds WEST, 7690 feet, an arc length of
76.93 feet to a 1/2-inch capped iron rod stamped "GRAHAM" found at the beginning of a
compound curve;
THENCE westerly, with said compound curve, concave to the north, having a radius of 490,00 feet
and a chord bearing and distance of NORTH 86 degrees 00 minutes 27 seconds WEST,
59.61 feet, an are length of 59.64 feet to the POINT OF BEGINNING;
THENCE SOUTH 58 degrees 12 minutes 49 seconds WEST, 32.49 feet, through the interior of the
right of way line of said Tanacross Drive;
THENCE NORTH 31 degrees 35 minutes 36 seconds WEST, 20.00 feet through the interior of the
right of way line of said Tanacross Drive;
THENCE NORTH 58 degrees 24 minutes 24 seconds EAST, 9.49 feet through the interior of the
right of way line of said Tanacross Drive to the north right of way line of said Tanacross
Drive, being the beginning of a non -tangent curve, from which a 1/2-inch capped iron rod
stamped "GRAHAM" found on the north right of way Iine of said Tanacross Drive bears
(Exhibit "A") Page 1 of 3
Bowman Consulting Group, Ltd. 1200 West Magnolia Road, Suite 300 Foil Weilh, Texas 76104 214-484-8586
a chord bearing and distance of NORTH 78 degrees 44 minutes 47 seconds WEST, 3.72
feet;
THENCE easterly, coincident with the north right of way line of said Tanacross Drive and said non -
tangent curve, concave to the north, having a radius of 490.00 feet and a chord bearing and
distance of SOUTH 80 degrees 44 minutes 32 seconds EAST, 30.41 feet, an arc length of
30.41 feet to the POINT OF BEGINNING, containing 415 square feet,
NOTES:
1. Bearings are based on the Texas State Plane Coordinate System, North American Datum of 1983
(NAD83), North Central Zone (4202).
2. A plat of same date accompanies this legal description.
* SURVEYOR'S CERTIFICATE *
TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY STATE
THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND
FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE
AND CORRECT.
Company Name: Bowman Consulting Group, Ltd,.
By:
Surveyor's Narn : Robert A. Hansen
LSLS & Registered Professional
Land Surveyor No. 6439
Date: 2023-04-04
Texas Firm No. 10120600
.................
ROBERT A. HANSEN
ti........ ......�.....
a •6439
1ti'9����sS!o�P Odd/
(Exhibit "A") Page 2 of 3
Bowman Consulting Group, LK 1200 West Magnolia Road, Suite 300 Fort Worth, Texas 76104 214-484-8596
I METES &,- B 0 UND S OF ENCROACHMENT "2 "
I A PORTION OF BLOCK 8 '
NORTHERN CROSSING PHASE I 10'
VOLUME 388-202, PAGE 69 PRIVATE
VARIABLE DRAINAGE
WIDTH O.P.R.T.C.T. EASEMENT
WATER CALLED 2.3637 ACRES I (PROPOSED)
EASEMENT) LC APT TX FOSSIL LLC f
(PROPOSED) INSTRUMENT NO. 222223389 J f
\ X 40' BUILDING SETBACK O.P.R.T.C.T. EQUINOX SS FORT WORTS LLC
INSTRUMENT NO. 222128855
_ _ — —
FOUND 1/2' CAPPED O.P.R.T.C.T. ~ ! 1
IRON ROD "GRAHAM' —_—ED5' PERPETUAL WATER r
1 � 10' BUILDING SETBACK MAINTENANCE EASEMENT
FOUND 1/2" CApP
-VOL. 388-202, PAGE I
VOLUME 388-202, PAGE 69( D.R.T.C.T.
FOUND
IRON ROD "GRAHAM' I D.R.T.C.T. P' �' C' I
C4` 5` r
� ON ROD
— -r — c1�—
C3 C2 FCUND 1/2" CAPPED
�' �� a FOUND 1/2" CAPPED IRON ROD "PRECISE SURVEYING'
P' O' B' I IRON ROD "GRAHAM'
20' WIDE ENCROACHMENT TANACROSS DRIVE
EASEMENT (VARIABLE WIDTH RIGHT OF WAY) I LEGEND
OUND
(415 SQUARE FEET) VOLUME 388-202, PAGE 69 1 0 FCALCULATEDUMENT POINTAS NOTED
P.R.T.C.T. I --- EASEMENT LINE
PROPERTY LINE
Line Table I Curve Table ` DEED RECORDS
1 D.R.T.C.T. TARRANT COUNTY TEXAS
Line # Bearing Distance Curve # Arc Length Radius Delta Chord Bearing Chord Distance I OFFICIAL PUBLIC RECORDS
O.P.R.T.C.T. TARRANT COUNTY TEXAS
L7 S58 12'491Y 32.49' C 1 101.14' 830.00' 006 58'S5' 588 08'34'W I 101.08' PLAT RECORDS
P.R.T.C.T. TARRANT COUNTY TEXAS
L2 I N31'35'36"W 2000'.I C2 76,93' 770.00' 005'43'28" I S8T38'41"W I 76.90'
L3 I N58'24'24'E 9.49' I C3 59.64' 490.00' 006'58'27' I N88'00'27'W I 59.61'
C4 3.72' 490.00' 000'26'08" I N78-44-47'W I 3.72'
r I C5 30.41' 490.00' 003'33'23' I S80-44.32-E I 30.41' C
NOTES:
(1)
Bowman BEARINGS ARE SYSTEM,
ON THE TEXAS STATE PLANE
COORDINATE SYSTEM,NORTH PMERICJW DATUM OF 1983 1 ...:•...........
(WA=). NORTH GENriRAL ZONE (4202). !Y—\ ROBERT
02023 Bowman Consulting Group, Ltd. ( m 1 2 A LEGAL DESCRIPTION OF SAME DATE ACCOMPANIES THIS R
1200 West Magnolia Blvd., Suite 300 Phone; 214) 484.8586 } PLAT I �T
Fort Worth, TX 76104 www.bowman.ca
TBPELS #10120600 40' 20' 0' 40'
20' WIDE ENCROACHMENT EASEMENT Q
SURVEY: DAVID ODUM SURVEY ABSTRACT NO, 1184 S
LOCATION: CITY OF FORT WORTH. TARRANT COUNTY. TEXAS
SUBJECT TRACT ACREAGE: 2.3637 ACRES (DEEDS) SCALE IN FEET
JOB NO.15DO32 I DRAWN BY: JRP CAD FILE:
DATE: 2023-04-04 1 CHECK BY: RAH I SCALE: 1'= 40' 1 PAGE 3 OF 3
BOWMAN CONSULTING GROUP LTD. 1200 WEST MAGNOLIA AVENUE. SUITE 300 FORT WORTH. TEXAS 76104 214-484-6586
ROBERT A. HANSEN
LSLS & REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 5439
J
r
NORTHERN CROSSING ADDITION
FIRE LANE STRIPING
_N 88'26'U9" t 404.35—
5' R4.5' R1.5' R10.0'
D
R4. K4.5
R4.5'
C.0
&12
Nor
24.0' I 18.0'
214.5',
51 R4.51 lt4.6
..5' R4.5, R4.5 R4.51
R4.5'
BUILDING
. L /
ciPENTRANCE
13 l
3.0'
i tcoo CURB STOP C) JADA PARKING SIGN
R3.5'(�JIR3.0' R4.59-1
If2.0'
R5.P, _14
—k5.0' U BICYCLE
RACKS
R —30.0'
CONCRETE
BLOCK WALL
L__F -L----j
177.0'
256.5'
o o i Ur�
HEIGHT: 36'
88 UNIT PROTOTYPE
BLDG AREA: 20,584 SF
COURTYARD
.111,
-ADA PARKING
FLUSH WITH
SIDEWALK
5.0'
N)
F-1
CTI
— b
73.6'
Lu
cp
R4.5'
J72.4'
RrlOff
NORTHERN ADDITION
CONCRETE
BLOCK WALL
FIRE LANE STRIPING
N 88°26'09" E 484.15 -- .. 18.0'
-- --
r
W �
R10.
5' R4.5' RA.5' R10.0' y 73.6'
.5' R4.5' K4.5' `I
R4.5' j
co _ 177.0'
12 lY W I
I a a
24.0' I 18.0' w �
o
256.5'
5' R4.5' f1;4.5' Z-Z i 5' I UrtY
R4.5' R4.5 88 UNIT PROTOTYPEco
5' R4.5' I I BLDG AREA: 20,584 SF is
I R4.5'I je
_.," . COur' o Yl-. Mu
„ I
ENTRANCE
I
I o j
3.0 ----- --- i ai t CURBSTOPAND
6 I
ADA PARKING SIGN ADA PARKING
R3.0'
FLUSH WITH
R3.5' 1�3.0' R4.5 SIDEWALK jR4.5'
72.4'
-
R5.0' c"
I 4 R10.0'
21NVERTED r
-h5 O' U BICYCLE 5.0'41
�R5-.0� RACKS p
_` - R30.0' _
Ut.]I=YC I rIINt,:� H.]Jul,
INSTR. NO. 00143560000414
LOT 2A, BLOCK 8
NORTHERN CROSSING ADDITION
-N 88°26'09" E 484..15'-
L-T-1
�a
43 LF 8" PVC (SDR-35) —
@8.00% SEWER
PIPE CROSSING: SS CO #4
CROWN OF SANITARY: 632.51 O RIM EL.=639.19'
INVERT OF STORM: 634.09 INV. = 634.72'
SS CO # 4 LF 8" PVC (SDR-35)
RIM EL.=638.67 @1-95% SEWER
INV. = 631.19'— UILDING CONNECTION
INV. = 635.00'
is
fl
m
..n
0
N �
c;,�
00 .D
nn
ENCROACHMENT92 �I
ss co #1
RIM EL.=639.66'
INV. = 628.30'
SLOPE OF PROPOSED
SANITARY PIPE TO BE
JSTED AS NECESSARY
E INTO EXISTING STUB
�
(2)PROP. 4" 45°
BEND WITH RUST
BLOCKING
DOMESTIC BFVA
TO BE LOCATED
® Ea
J,
IN BUILDING
PROP. 4" DOMESTIC
®
�F
SERVICE LINE
PROP. fi" DIP FIRE
WATER LINE
®
(2)PROP. 6" 45°
BEND WITHRUST
CONCRETE
BLOCK WALL
^r
88 UNIT PROTOTYPE
BLDG AREA: 20,584 SF
FFE: 639.25
r� = BLOCKING
w �PROP. 4" DOMESTIC METER
PROP.FDC
/// oanonecn covc ccr gypnrw un-mw
7-1
Lu
A-
i i r
645
I
M O
If � � _may tl7
LU • GO q
uXi
J 3
640 w s
co /1
635
11
rASSUMED L=ATION OF WATER
I LINE. CONI"R.:C70R70 VEWRIFYAND
! / :lOTfFrENGIAEER-0E—Nsr
�I 635 E�ISCREPANCES.�-�
63013" rIDPE
PROVIDECONCRET-E-SADDLE TO
MALN ALIT SERAR,9T_]nN 3EMWFFN
-630 WATER [ INE AND STORM PIPE.
�00 2+50 _0+50 0+00 1+00
STORM
HORI
VE
EXHIBIT B
Certificate of Insurance
Tier I1 Easement Encroachment Agreement Page 12 of 12
Revised 1212022