HomeMy WebLinkAboutContract 57752-CA1Date Received: 8/2/2023
Record Number: PN23-00091
Time Received: 10:58 a.m. City Secretary Number: 57752-CAl
ASSIGNMENT AND CONSENT OF ENCROACHMENT AGREEMENT
City Secretary Contract No. 57752
THIS ASSIGNMENT OF ENCROACHMENT AGREEMENT ("Assignment") is
made and entered into as of this 2nd day of August, 2023, by and between THE CITY OF
FORT WORTH, a Texas home -rule municipal corporation ("City"),, MAGNOLIA PADS,
LTD., a Texas limited partnership ("Assignor"),, and USCIF COMMERCE 35W I LLC, a
Delaware limited liability company ("Assignee"). Sometimes herein City, Assignor, or Assignee
may also be referred to individually as a "Party" or collectively as the "Parties."
WITNESSETH:
WHEREAS, the City entered into an Encroachment Agreement, City Secretary Contract
No. 57752 (the "Encroachment Agreement"), on the 30th day, of June, 2022 with Assignor, the
owner of certain real property more particularly described in the legal description attached hereto
as "Exhibit A" and incorporated herein (the "Property") located adjacent to or near the City's
right-of-way on which the encroachments are located. The encroachments are more particularly
described in the Encroachment Agreement, attached hereto as "Exhibit B" and incorporated herein
by reference for all purposes, and are referenced therein and herein as the "Improvements",
WHEREAS, the Encroachment Agreement was recorded the 7th day of June, 2022, as
Instrument No. D222171149 in the Real Property Records of Tarrant County, Texas;
WHEREAS, Assignor desires to assign the Encroachment Agreement to Assignee.
AGREEMENT:
NOW, THEREFORE, for and in consideration of the above and foregoing premises and
the mutual covenants, terms, and conditions herein contained, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby
agree as follows:
1. Assignor hereby assigns, transfers, and conveys all rights and interests and
delegates it duties and obligations under the Encroachment Agreement to Assignee.
2. Assignee hereby accepts the Assignment granted herein, and assumes all of
Assignor's rights, duties, and obligations arising under the Encroachment Agreement.
3. Assignor has full right, power, and authority to enter into this Assignment, to make
the representations set forth herein, and to carry out Assignor's obligations hereunder. Assignee
OFFICIAL RECORD
Encroachment Assignment Agreement CITY SECRETARY Page 1 of 10
FT. WORTH, TX Rev 12/2022
has the full right, power, and authority to enter into this Assignment, to make the representations
set forth herein, and to carry out Assignee's obligations hereunder.
4. The effective date of this Assignment shall be the date of its execution by the City
(the "Effective Date"). All rights, duties, and obligations under the Encroachment Agreement
arising, accruing, or relating to the period before the Effective Date are allocated to Assignor, and
all rights, duties, and obligations arising, accruing, or relating to the period thereafter shall be
allocated to Assignee.
5. Except as otherwise expressly set forth in this Assignment, Assignor will be
discharged from any and all further obligations under the Encroachment Agreement as of the
Effective Date.
6. Assignor represents, warrants, and covenants with City and Assignee that as of the
Effective Date, Assignor is not in default of any of its obligations contained in the Encroachment
Agreement.
7. City hereby consents to this Assignment upon the terms and conditions set forth
herein. Unless and until City has executed this Assignment, it is of no effect. The consent granted
herein should not be construed as consent to any further assignments. The failure or delay of City
in seeking to enforce any provision of the Encroachment Agreement or this Assignment shall not
be deemed a waiver of rights or remedies that City may have or a waiver of any subsequent breach
of the terms and provisions therein or herein contained.
8. Any notice given by any Party to another Party must be in writing and shall be
effective upon receipt when (i) sent by U.S. mail with proper postage, certified mail return receipt
requested, or by a nationally recognized overnight delivery service, and (ii) addressed to the other
Party at the address set out below or at such other address as the receiving Party designates by
proper notice to the sending Party.
City
Development Services Department
200 Texas Street
Fort Worth TX 76102
Attention: Director
Assignor
Magnolia Pads, LTD.
c/o Lovett Industrial, LLC
401 Franklin Street, Suite 2555
Houston, TX 77002
Attention: Charlie F. Meyer, Jr.
Encroachment Assignment Agreement Page 2 of 10
Rev 12/2022
Assignee
USCIF COMMERCE 35W I LLC
2300 N. Field Street, Suite 1650
Dallas, Texas 75201
Attention: Regional Director, Real Estate Asset Management
9. Except as herein otherwise provided, this Assignment will be binding upon and
inure to the benefit of the Parties and their respective successors and assigns.
10. Assignee shall cause this Assignment to be filed of record at Assignee's expense in
the Real Property Records for Tarrant County, Texas.
11. The Certificate of Insurance for the Assignor attached as Exhibit "D" to the
Encroachment Agreement is hereby deleted and replaced with the attached Certificate of Insurance
from the Assignee as "Exhibit D. Revised."
12. All terms and conditions of the Encroachment Agreement not amended herein
remain unaffected and in full force and effect, are binding on the Parties, and are hereby ratified
by the Parties. Capitalized terms not defined herein shall have meanings assigned to them in the
Encroachment Agreement.
13. This Assignment may be executed in multiple counterparts, each of which shall be
deemed an original, and all of which, when taken together, shall constitute one and the same
document which may be evidenced by one counterpart.
[SIGNATURES APPEAR ON FOLLOWING PAGES]
Encroachment Assignment Agreement Page 3 of 10
Rev 12/2022
ASSIGNOR:
MAGNOLIA PADS, LTD.,
a Texas limited partnership
By: Sage Interests, Inc.,
a Texas corporation,
its General Partner
By:
Name: Charles F. Wyer, Jr.
'I itle: Vice President
Date: July_, 2023
STATE OF TEXAS §
COUNTY OF HARRIS §
BEFORE ME, the undersigned authority, a Notary Public in and for (lie State of Texas, on
this day personally appeared Charles F. Meyer, Jr., Vice President of Sage Interests, Inc., a Texas
corporation, the General Partner of Magnolia Pads, LTD., a Texas limited partnership, 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 said corporation and partnership, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of July, 2023.
4 9 9 W /----
Notary Public in and for the
State of Texas
Encroachment Assignment Agreement
o
KNRYSTALSJHA BLACK
32 Notary Public, State of Texas
�� • %� Comm. Expires 06-28-2026
Notary ID 133833850
Page 4 of 10
Rev 12/2022
ASSIGNEE:
USCIF COMMERCE 35W I LLC,
a Delaware limited liability company
By: Nuveen Alternatives Advisors LLC,
a Delaware limited liability company
its Mana
By:
Name: eer Oxford
Title: Authorized Signer
Date: July 2; , 2023
STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Greer Oxford, Authorized Signer of Nuveen Alternatives
Advisors LLC, a Delaware limited liability company, the Manager of USCIF COMMERCE 35W
I LLC, a Delaware limited liability company, 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 said
companies, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this L� day of July, 2023.
I
Notary Public in and for the
State of Texas
Encroachment Assignment Agreement
W
TTHE HUGHES DOBSON VI
Notary ID#133236130
yCommission Expires
July 27, 2025
Page 5 of 9
Rev 12/2022
APPROVED AS TO FORM AND
LEGALITY:
Jeremy Anato-Mensah, Assistant City Attorney
City Attorney's Office
Date: Jul 31, 2023
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ATTEST: °o oo
,,• ",�' a
Jannette Goodall
City Secretary
(M&C not Required)
Date: Aug 2, 2023
CITY OF FORT WORTH
DJ Harrell (Aug 1, 2023 09:31 CDT)
DJ Harrell, Director
Development Services Department
Date: Aug 1, 2023
Contract Compliance Specialist:
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.
R2.6e�c� 15ut�ce- O�
Rebecca Diane Owen (Jul 31, 202316:10 CDT)
Rebecca Owen
Development Manager
Date: J u l 31, 2023
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Encroachment Assignment Agreement Page 6 of 9
Rev 12/2022
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on Atigust, 1st 20 23 by DJ
Harrell, Interim Director, as the Director of the Development Services Department of the City of Fort
Worth, a Texas municipal corporation on behalf of the City of Fort Worth.
o�PaYPte�� WENDY L BEARDSLEE
_ Notary Public
* * STATE OF TEXAS
N� P Notary I.D. 13323719-3
9�OF My Comm. Exp. July 28, 2025
Wendy L.
Beardslee
Digitally signed by
Wendy L. Beardslee
Date: 2023.08.01
10:24:48-05'00'
Notary Public, State of Texas
Encroachment Assignment Agreement Page 7 of 9
Rev 12/2022
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Being Lot 1, Block 1, of the Lovett Alliance Addition, a subdivision in the City of Fort Worth,
Tarrant County, Texas, recorded on November 22, 2021 under Clerk's File No. D221341755,
Real Property Records, Tarrant County, Texas.
Encroachment Assignment Agreement Page 8 of 9
Rev 12/2022
EXHIBIT B
ORIGINAL AGREEMENT WITH ATTACHED EXHIBITS
See attached.
Encroachment Assignment Agreement Page 9 of 9
Rev 12/2022
D222171149 07/07/2022 07:54 AM Page: 1 of 34 Fee: $151.00 Submitter: COFW CFA OFFICE
Electronically Recorded by Tarrant County Clerk in Official Public Records
MARY LOUISE NICHOLSON
COUNTY CLERK
`Date Received: 07/01 /2022
Time Received: 3:31 pm
Permit Number: PN21-00154
City Secretary No.: 57752
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 Magnolia Pads, 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 2700 Keller
Haslet Road, Fort Worth, Texas 76177 ("Property"), being more particularly described
in the attached Exhibit "A" which is incorporated herein for all purposes; and
WHEREAS, the City owns a public water easement (the "Public Property")
adjacent to the Property as shown in the attached Exhibit "B," which is incorporated
herein for all purposes, and as recorded in the plat records of Tarrant County as plat
number FS-21-207; and
WHEREAS, Licensee desires to construct, place, and maintain certain
improvements which will encroach in, on, above, or below the Public Property; and
WHEREAS, to accommodate the needs of the Licensee, the City will allow the
encroachment under the terms and conditions as set forth in this Agreement.
NOW, THEREFORE, the City and Licensee agree as follows:
AGREEMENT
1.
The City, in consideration of the payment by Licensee of the fee set out below
and covenants and agreements hereinafter contained to be kept and performed by
Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and
occupy a portion of the City's Public Property as described in and at the location shown
on Exhibit "C," but only to the extent shown thereon, for the purpose of constructing,
installing, and maintaining a private storm drain and 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 Encroachment to further infringe in or on the Public Property beyond what is
specifically described in Exhibit "C."
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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 ("Additional Public
Improvements") is made more costly by virtue of the construction, maintenance, or
existence of the Encroachment and use of Public Property, Licensee although permitted
to request to discuss costs for such Additional Public Improvements with the City at the
time, shall pay to City and additional amount equal to such additional cost for the
Additional Public Improvements as shall pay to City an additional amount equal to such
additional cost as determined by the City alone, via (i) Director of Transportation and
Public Works, (ii) the Director of the Water Department, or (iii) the Director of the
Development Services Department, or their duly authorized representatives.
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.
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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
duly authorized representative. Any such removal of the Encroachment shall be in
accordance with then -existing City regulations and policies. It is understood and agreed
to by Licensee that if this Agreement terminates and Licensee fails to remove the
Encroachment and restore the Public Property, Licensee hereby gives City permission to
remove the Encroachment and any supporting structures from the Public Property, to
restore the Public Property, and to assess a lien on the Property for the costs expended by
the City in taking such actions.
6.
In order to defray all costs of inspection and supervision which the City has
incurred or will incur as a result of the construction, maintenance, inspection or
management of the Encroachment and use of Public Property as provided for by this
Agreement, Licensee agrees to pay to City at the time this Agreement is requested an
application fee in the sum of Seven Hundred Dollars ($700.00).
7.
The term of this Agreement shall be for thirty (30) years, commencing on the
date this Agreement is executed by City ("Term"). 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. At
the end of the Term, Licensee shall be able to reapply for a new Agreement with the City
for this Encroachment, subject to any changes to the City's ordinance and/or non-
compliance of Licensee under this Agreement, for an additional 30-year term, the
acceptance of which shall not be unreasonably withheld by City.
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8.
It is further understood and agreed between the parties hereto that the Public
Property to be used and encroached upon is held by City as trustee for the public; that
City exercises such powers over the Public Property as have been delegated to it by the
Constitution of the State of Texas or by the Texas Legislature; and that City cannot
contract away its duty and its legislative power to control the Public Property for the use
and benefit of the public. It is accordingly agreed that if the governing body of City may
at any time during the term hereof determine in its sole discretion to use or cause or
permit the Public Property to be used for any other public purpose, including but not
being limited to underground, surface, or overhead communication, drainage, sanitary
sewerage, transmission of natural gas or electricity, or any other public purpose, whether
presently contemplated or not, that the parties agree to negotiate in good faith in order to
accommodate both the Encroachment and the public purpose.
9.
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.
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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.
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.
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Page 6 of 34
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.
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.
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18.
Licensee covenants and agrees that it will not assign all or any of its rights,
privileges, or duties under this Agreement without the written approval of the City, and
any attempted assignment without such written approval shall be void. In the event
Licensee conveys the Property, Licensee may assign all of its rights and obligations under
this Agreement to the new owner of the Property, and Licensee shall be deemed released
from its duties and obligations hereunder upon City's approval in writing of such
assignment, which approval shall not be unreasonably conditioned or withheld.
Foreclosure by a secured lender of Licensee or assignment to a secured lender by
Licensee in the event of default or otherwise shall not require City approval provided that
said lender notifies City in writing within sixty (60) days of such foreclosure or
assignment and assumes all of Licensee's rights and obligations hereunder. However, no
change of ownership due to foreclosure or assignment to any secured lender of Licensee
shall be effective as to City unless and until written notice of such foreclosure or
assignment is provided to City.
19.
Any cause of action for breach of this Agreement shall be brought in Tarrant
County, Texas. This Agreement shall be governed by the laws of the State of Texas.
20.
This Agreement shall be binding upon the parties hereto and their successors and
assigns.
21.
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Tier II Easement Encroachment Agreement
PN21-00154
Page 7 of 14
Revised 11/2020
D222171149
Page 8 of 34
City:
CITY OF FORT WORTH
Licensee:
MAGNOLIA PADS, LTD
a Texas limited partnership
by: Sage Interest, hic
a Texas corporation
it's general partner
ecl-06 Z�/
By:DJ Hat ll (Jun 30, 202210:44 CDT) By:
D.J. Harrell, Director of the Name: Charles F Meyer, Jr
Development Services Department Title: Vice President
Date: Jun 30, 2022 Date:
ATTEST:
%GI!'l! 94,1-9 S GDOYaLl
Jannette S. Goodall Jul 1, 202211:28 CDT)
Jannette Goodall,
City Secretary
Date: Jul 1, 2022
Tier I Easement Encroachment Agreement
PN21-00154
Approved As To Form and Legality
Thomas Royce Hansen
Assistant City Attorney
Ordinance No. 24161-04-2020
Date: Jun 27, 2022
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.
„y"f r�rr-�Le-, �•s:t„P.°rcak _.r:.r• �ehrFial ..�.�f
_ t- ;i o c•
Date: Jun 27, 2022
Janie S. Morales
Development Services
Page 8 of 14
Revised 11/2020
D222171149
Page 9 of 34
"'THIS PAGE FUZZ U1T`1t" OF FURT WURTH UFFIUE USE UNLY . I
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 Mth day of
June , 2022
Wend L. Digitally signed by Wendy ,
Y L.Beardslee �PRYP6 WENDY L BEARDSLEE .
Beardslee Date: 2022.06.3018:23:31 _ �% Notary Public
-05'00' * * STATE OF TEXAS
Notary Public in and for the State of Texas N9e Notary I.D. 13323719-3
�OF My Comm. Exp. July 28, 2025
. . . . . . . . . . . . .
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
Tier II Easement Encroachment Agreement
PN21-00154
Page 9 of 14
Revised 11/2020
D222171149
Page 10 of 34
STATE OF TEXAS §
COUNTY OF TA-RRA-Nr P §
Ntky�l
BEFORE ME, the undersigned authority. a Notary Public in and for the State of
Thai , on this day personally appeared Charles F. Meyer Jr., Vice 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 Magnolia Pads Ltd, a Texas limited
partnership (entity type). and in the capacity therein stated.
GIVEN UNDLK MY HAND AND SEAL OF OF ICE this 'e" day of fie.
2011
��N
Notary Public in and for the
State of -[t?YA,1
Tier I l Easement Encroachment Agreement
P\21-00154
Ilr,
•, PHALYCA KONG
x My Wary 0 # 12UT7481
Z'bi Vie' EVkea July 8, 2026
to ANww..
Page 10 of 14
Revised 11/2020
D222171149
Page 11 of 34
EXHIBIT A
Legal Description of the Licensee's Property
TRACT I:
BEING A PORTION OF THE N.S. CREED SURVEY, ABSTRACT NO. 1898, IN TARRANT COUNTY, TEXAS, AND DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTERLINE OF KELLER-HASLET ROAD (COUNTY ROAD NO.4042) 2653.25 FEET NORTH
00 DEGREES 13 MINUTES 08 SECONDS EAST, 149.01 FEET SOUTH 88 DEGREES 58 MINUTES 20 SECONDS EAST AND
512.72 FEET NORTH 89 DEGREES 59 MINUTES 40 SECONDS EAST FROM THE SOUTHWEST CORNER OF SAID CREED
SURVEYTO THE POINT OF BEGINNING;
THENCE NORTH 89 DEGREES S9 MINUTES 40 SECONDS EAST, WITH THE CENTERLINE OF KELLER-HASLET ROAD, A
DISTANCE OF 463.84 FEET;
THFNCF SOUTH 00 DFGREES 00 MINUTES 20 SECONDS EAST, AND PASSING AT 25.0 FEET THE SOUTH LINE OF KELLER-
HASLET ROAD, CONTINUING A TOTAL DISTANCE OF 493.60 FEET;
THENCE SOUTH 89 DEGREES 59 MINUTES 40 SECONDS WEST, 465.64 FEET;
THENCE SOUTH 89 DEGREES 59 MINUTES 40 SECONDS WEST, 465.64 FEET;
THENCE NORTH 00 DEGREES 12 MINUTES 12 SECONDS EAST, AND PASSING AT 468.60 FEETTHE SOUTH LINE OF KELLER-
HASLET ROAD, CONTINUING A TOTAL DISTANCE OF 493.60 FEET TO THE POINT OF BEGINNING AND CONTAINING 5.2662
ACRES OF LAND OF WHICH 0.2662 ACRES LIES WITHIN KELLER-HASLET ROAD, LEAVING 5.0000 NETACRES.
TRACT li:
BEING A PORTION OF THE N.S. CREED SURVEY, ABSTRACT NO. 1898, IN TARRANT COUNTY, TEXAS, AND DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING AT POINT IN THE CENTERLINE OF KELLER-HASLET ROAD (COUNTY ROAD NO. 4042) 2653.25 FEET NORTH
00 DEGREES 13 MINUTES 08 SECONDS EAST, 149.01 FEET SOUTH 88 DEGREES 58 MINUTES 20 SECONDS EAST AND
1036.56 FEET NORTH 89 DEGREES 59 MINUTES 40 SECONDS EAST FROM THE SOUTHWEST CORNER OF SAID CREED
SURVEY TO THE POINT OF BEGINNING;
THENCE NORTH 89 DEGREES 59 MINUTES 40 SECONDS EAST, WITH THE CENTERLINE OF KELLER-HASLET ROAD, A
DISTANCE OF 463.93 FEET;
THENCE SOUTH 00 DEGREES 01 MINUTES 07 SECONDS EAST, AND PASSING AT 25.0 FEETTHE SOUTH LINE OF KELLER-
HASLET ROAD, CONTINUING A TOTAL DISTANCE OF 494.41 FEET;
THENCE SOUTH 89 DEGREES 59 MINUTES 40 SECONDS WEST, 464.04 FEET;
THENCE NORTH 00 DEGREES 00 MINUTES 20 SECONDS WEST, AND PASSING AT 469.41 FEETTHE SOUTH LINE OF KELLER-
HASLET ROAD, CONTINUING A TOTAL DISTANCE OF 494.41 FEET TO THE POINT OF BEGINNING AND CONTAINING 5.2662
ACRES OF LAND OF WHICH 0.2662 ACRES LIES WITHIN KELLER-HASLET ROAD, LEAVING 5.0000 NET ACRES.
TRACT III:
BEING A PORTION OF THE N.S. CREED SURVEY, ABSTRACT NO. 1898, IN TARRANT COUNTY, TEXAS, AND DESCRIBED BY
METES AND BOUNDS AS FOLLOWS,
D222171149
Page 12 of 34
BEGINNING ATA POINT IN THE CENTERLINE OF KELLER-HASLET ROAD (COUNTY ROAD NO. 4042) 2653.25 FEET NORTH
00 DEGREES 13 MINUTES 08 SECONDS EAST, 149.01 FEET SOUTH 88 DEGREES 58 MINUTES 20 SECONDS EAST AND
976.56 FEET NORTH 89 DEGREES 59 MINUTES 40 SECONDS EAST FROM THE SOUTHWEST CORNER OF SAID CREED
SURVEY TO THE POINT OF BEGINNING.
THENCE NORTH 89 DEGREES S9 MINUTES 40 SECONDS EAST, WITH THE CENTERLINE OF KELLER-HASLET ROAD, A
DISTANCE OF 60.00 FEET;
THENCE SOUTH 00 DEGREES 00 MINUTES 20 SECONDS EAST, AND PASSING AT25.0 FEETTHE SOUTH LINE OF KELLER-
HASLET ROAD, CONTINUING A TOTAL DISTANCE OF 494.41 FEET;
THENCE NORTH 89 DEGREES 59 MINUTES 40 SECONDS EAST, A DISTANCE OF 464.04 FEET;
THENCE SOUTH 00 DEGREES 01 MINUTES 07 SECONDS EAST, A DISTANCE OF 349.10 FEET;
THENCE SOUTH 00 DEGREES 17 MINUTES33 SECONDS WEST, A DISTANCE OF 718.25 FEET;
THENCE SOUTH 00 DEGREES 28 MINUTES 20 SECONDS WEST, A DISTANCE OF 1088.89 FEET;
THENCE NORTH 89 DEGREES 58 MINUTES 47 SECONDS WEST, A DISTANCE OF 984.81 FEET;
THENCE NORTH 00 DEGREES 12 MINUTES 12 SECONDS EASTA DISTANCE OF 2156.57 FEET;
THENCE NORTH 89 DEGREES 59 MINUTES 40 SECONDS EAST, A DISTANCE OF 465.64 FEET;
THENCE NORTH 00 DEGREES 00 MINUTES 20 SECONDS WEST, PASSING AT 468.60 FEET THE SOUTH LINE OF KELLER-
HASLET ROAD, A CONTINUING FOR ATOTAL DISTANCE OF 493.60 FEET TO THE POINT OF BEGINNING AND CONTAINING
49.6340 ACRES OF LAND OF WHICH 0.0344 LIES WITHIN KELLER-HASLET ROAD, LEA YING49.5996 NET ACRES.
ti
N
N
N
THE CITY OF FORT WORTH
ENCROACHMENT AGREEMENTS
LOVETT ALLIANCE ADDITION, LOT 1, BLOCK 1
CPN NO. 103472 MAPSCO NO. TAR-007V
SITE LOCATION MAP
GRAPHIC SCALE IN FEET
0 500 1000 2000
ORTWORTH
801 CHERRY ST, UNIT 11, SUITE 1300 FORT WORTH, TX 76102 (817)335-6511
STATE OF TEXAS REGISTRATION NO. F-926Kimmley)))
W
D222171149
Page 14 of 34
EXHIBIT B
Depiction of the Public Property
Tier II Easement Encroachment Agreement
PN21-00154
Page 12 of 14
Revised 11/2020
4-
0
W)
Alt. 1.AET—.1 ST 11E.. E.—E HL§.QESTIFCATICNN ..—IIATI.N
... .... -Al', 1ACINITY MAP
..EFLUS C1111w N, an.1 SO HIA ll SN. I , 1�1.1, I STATE .111
- .. 11-1. la 1 nI.ft, ., _, 11-I, I., —I NN, 1. S , S —11 lF.11-111 11 11 INi
... .. .... .
E IN'l", N' "N't A J. F. 1. "d. 1. 1 lN SI IS, I, S,l
..E,
A 'LIT' �MO� , 1, L7E 1-1, hi, 0 2 .11 1 I.T OEN 1. —IT
P" b" IAX COMNON AFNEAS A4D F U E.11ININ. .1 1 �l IN. .1 Fl. TFS. 1. .1,1111— IN.1,It F Ipl,� A
_AM TIES 7N,NSEADISTON tl. cit� If—c.q.
'N' _X N.Ill
141 East NN, B.
t. N, III. f 11 1. 11 1 E 11 1, Ill
V 11. XI X. I X.", I.
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Or
1001PIAIN RESTII&JION THENCE-.
S-11, 1 21 11 1— .1 d.d7-825S 2,
STI FN—L S I -IS, 11 11 a1c., I T bTATE OF TEXAS
It IN— 1� 1,1, 1, N. 1 S c4l_ .1
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LINE TYPE LEGEND
-2.113—E.
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rJ
- - - - - - - - - - o
7-
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SO
a L6
I �T LOT 2
A E
Z 42 1719 ACRES
E 1,837,007 SQ. FT can
DEDICATION
1.2468 ACRES
!A.310 SQ FT.
2 f
IS I- XIS I�
INI
-cq
SE LOT I Tt, F. INANE TAILL
16.1727 ACRES
Ji
730,621 SQ. FT,
�7
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—E—E
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Z
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1111 A I IN
11Ar,Nl F '2S, I
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0 1 cn Tln
i rwr AVENUE
TIA- 1
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BOAZ RANCH ROAD __jj_ FINAL PLAT
LOT 1 & LOT 2, BLOCK I
Oa 'LLE T
FORT WOR I H
34
nw Ll LOVETT ALLIANCE ADDITION
60.1914 ACRES
7E1ENTS _1
I I'll , ,X i N. S. CREED SURVEY
(N N-1 CITY P[ AN COMMISSION
I 1..NI1� X d CITY OF FORT WORTH, TEXAS ABSTRACT NO. 1898
1 "Al I — T
OWNER N.I.fl'T -LY 11 RE11H .111 , �Fj, VI�IE CITY OF FORT WORTH
S1111101SCE611URl VIU. F.dt. 1. Ill IS— � ER DATE OF TARRANT COUNTY, TEXAS
0,11, 1 1 1 1 011151-1 NSIT"
E1111 Y11 Ap,I 0SN,
14, 1,, , Q I'll m
1, It, Vill
... .......
Q'Stil
Kimlev)))Horn
a) 7NJ I'l
Af" a4mf 11117P,,w F - 111 N IN 1;
F.
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36
dig
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LOT
fi
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�I
16.7727 ACRES
730,621 SO. FT.
""-seaev. eeom
RIGHTLOF-WAY
3 ffL_
1
-DEDICATION
--I
1.2458 ACRES
54,310 SO. FT.
CNALLED MESS ACRES
IL INVESTMENT, LP
CID D2-2,55 vAgv.tte'm I CALLED155D1ADRES
6inxPORDSONSIBIN—ENTSLP SO.22'1„E
rSO"58'18"E -ewozs vur IncxT CD#DiBT�1xH [7T8.25'
/ 843.88'
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55.00'
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5
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----
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" IGHTAF-WAY m E m
42.1719ACRES
1,837,007 SO. FT.
DEDICATION
gC I
1.2468 ACRES
I NIx. Fr SlEs =azs.e
8
54.310 SO. FT. -
:r
?
"
ggl
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JLOT
16.7727
ACRES
z
730,6215O.
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ev,NSPUT �� cecn � M
• �____ _ so•3R _ a3e er __y, r p'I
"� LOVETT AVENUE
___ _-
__ ___
BOAZ RANCH ROAD
� _ _ - --
xI'
I
roL cn D2lSP_ oN
I
11
pALIFD]74anteEs
LIT B-11
'AN'TLIi INN AODIrIOv CCC Orme;sO.T�
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I
3RAPHIC ECALf IN FEET
,�
1 •tDM®m1t36
LINE TYPE LEGEND --�
�rlm Ixr
L0T2
42.1719 ACRES
1.837.007 SO. FT.
r63"58'1G-
843 88'
1
CALLED 60 ACRES
WOMACK INDUSTRIES, LLC
CCp DxIX4BB56
SO°21'06'E 108857'
— — — — —
___----- �1
e ITIIAULn �L9B - I as LpeL
4n LL>LT,—c L
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,
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LOT
_�DEDICA
I
I
42.1719 ACRES
1,837,007 SO. FT.
ION
DEDICATION
1.2468 ACRES
;R
LEI 2
Ei
54..310 SO. FT.
w� }
R
®I m
I
I
I
LOT 1
16.7727 ACRES
730,621 SO, FT. -
I
wx. ne Llav+tea@ I
III, I
I
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_ uta IrwTfn,ppRnExT
-------
7—
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HIL cca D2o IN
II"24DITION - pp,noN
cc#mt•227zz1 I
I 1 I
II'LINE TAELF LINE TABLE LNE TABLE ra%NI L lEAB' E„wIL6
eenRNG Tx nI c x n L
I L, xor,e'.aw .m w ,.xe Le nw
I �o a,e•,o»w ��� u Iaa xo.x �� I�
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TABLE
o,
ILea pl,..x,N
ME M
e, L,_ clo w•moff roar aro xe. E I �o.
11.
ell eo,rw 1— —
l ux su xen Lea l n,o a u.ro' L,w ow,s, 1 e s l ea•e Boar nos I s%• ser
I,olxorar Ao'at•er,.•I,1— ,Kl.a@I p%• e
LI„ NP , I
E '
sa
,o II. .e,w ram IL,> mo.e. gel ,aa.
C tt0-EOP.T N'O,x11 CASE No. F— 2.
FINAL PLAT
LOT 1 & LOT 2, BLOCK 1
LOVETT ALLIANCE ADDITION
60.1914 ACRES
N. S. CREED SURVEY
ABSTRACT NO. 1898
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
�,LEVDR
JRfM1 W VM1rgc RILE
E6 ITC
0011 PeS-t
Kimlev*Horn
N,ehy�Vorn end Aesrcaree,
6M CMny 6iroel
15
Inc, tfi 011w'Sceai
Xo elon. Texas 7100]
�kWOM T�L#1�F RM#1D1&MB TN. N. TIB�l i�3T5�fii1
LNN 11 Su,T, 1
fMNAHM1, Texaa 161 G-e
Ph 281NEB.IE
Ph 26,.]65651x
pm_-CRI
Pp..1-2-x193
cM1erle meyar�loveKlntlurul nm
I
1"•tOB I I� I1,HMp21 I OBa221BxB I52cee1 Nc
3
0
D222171149
Page 17 of 34
EXHIBIT C
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement
PN21-00154
Page 13 of 14
Revised 11/2020
D222171149
Page 18 of 34
LEGAL DESCRIPTION
EASEMENTENCROACHMENTS
BEING a 300 square foot (0.0069 acre) tract of land (Tract 1), a 300 square foot (0.0069 acre) tract of land (Tract 2),
a 300 square foot (0.0069 acre) tract of land (Tract 3), a 300 square foot (0.0069 acre) tract of land (Tract 4), and a
300 square foot (0.0069 acre) tract of land (Tract 5), situated in the N. S. Creed Survey, Abstract No. 1898, City of
Fort Worth, Tarrant County, Texas, being part of Tracts I, II, & III, as described in the Special Warranty Deed to
Magnolia Pads, LTD, recorded in Instrument No. D220197492 Official Public Records, Tarrant County, Texas, and
being more particularly described as follows:
TRACT 1
COMMENCING at a mag nail found at the northwest corner of said Tract I, and being in Westport Parkway, from
which a 5/8-inch iron rod found for the southwest corner of said Tract III bears South 0°35'09" East, a distance of
2650.17 feet;
THENCE South 0°35'09" East, along the west line of said Tract I and Tract III, a distance of 591.10 feet to a point;
THENCE North 89024'51" East, departing said west line, a distance of 27.60 feet to the POINT OF BEGINNING;
THENCE North 89011'11" East, a distance of 20.00 feet to a point for corner;
THENCE South 0048'49" East, a distance of 15.00 feet to a point for corner;
THENCE South 89011'11" West, a distance of 20.00 feet to a point for corner;
THENCE North 0048'49" West, a distance of 15.00 feet to the POINT OF BEGINNING and containing 300 square
feet or 0.0069 acres of land, more or less.
TRACT 2
COMMENCING at a mag nail found at the northwest corner of said Tract I, and being in Westport Parkway, from
which a 5/8-inch iron rod found for the southwest corner of said Tract III bears South 0035'09" East, a distance of
2650.17 feet;
THENCE South 0035'09" East, along the west line of said Tract I and Tract III, a distance of 778.01 feet to a point, -
THENCE North 89011'11" East, departing said west line, a distance of 28.35 feet to the POINT OF BEGINNING;
THENCE North 89011'11" East, a distance of 20.00 feet to a point for corner;
THENCE South 0048'49" East, a distance of 15.00 feet to a point for corner;
THENCE South 89'11'11" West, a distance of 20.00 feet to a point for corner;
THENCE North 0048'49" West, a distance of 15.00 feet to the POINT OF BEGINNING and containing 300 square
feet or 0.0069 acres of land, more or less.
(CONTINUED ON SHEET 2)
EASEMENT
ENCROACHMENTS
N. S. CREED SURVEY
ABSTRACT NO. 1898
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
Kimle* Horn
y
801 Cherry Street, Unit 11, # 1300 Tel. No. (817) 335-6511
Fort Worth, Texas 76102 FIRM # 10194040 www.kimley-hom.com
Scale I Drawn by Checked by Date Proiect No. Sheet No.
N/A CRG JDW 1 10/7/2021 069225626 1 OF 9
GENSHEIMER, RILEY 10/7/2021 4:56 PM K:\FTW—SURVEY\069225626-KELLER HASLET\DWG\069225626-kELLER HASL i EE.DWG
D222171149
LEGAL DESCRIPTION (CONTINUED)
Page 19 of 34
TRACT 3
COMMENCING at a mag nail found at the northwest corner of said Tract I, and being in Westport Parkway, from
which a 5/8-inch iron rod found for the southwest corner of said Tract III bears South 0°35'09" East, a distance of
2650.17 feet;
THENCE North 89010'0"40 East, along the north line of said tracts I, II, & III, and along said Westport Parkway, a
distance of 805.64 feet to a point;
THENCE South 0°49'20" East, departing the said north line, a distance of 778.12 feet to the POINT OF BEGINNING;
THENCE North 89'11'11" East, a distance of 20.00 feet to a point for corner;
THENCE South 0048'49" East, a distance of 15.00 feet to a point for corner;
THENCE South 89'11'11" West, a distance of 20.00 feet to a point for corner;
THENCE North 0048'49" West, a distance of 15.00 feet to the POINT OF BEGINNING and containing 300 square
feet or 0.0069 acres of land, more or less.
TRACT 4
COMMENCING at a mag nail found at the northwest corner of said Tract I, and being in Westport Parkway, from
which a 5/8-inch iron rod found for the southwest corner of said Tract III bears South 0°35'09" East, a distance of
2650.17 feet;
THENCE North 89010'40" East, along the north line of said tracts I, II, & III, and along said Westport Parkway, a
distance of 832.74 feet to a point;
THENCE South 0049'20" East, departing the said north line, a distance of 117.13 feet to the POINT OF BEGINNING;
THENCE North 89'11'11" East, a distance of 15.00 feet to a point for corner;
THENCE South 0048'49" East, a distance of 20.00 feet to a point for corner;
THENCE South 89'11'11" West, a distance of 15.00 feet to a point for corner;
THENCE North 0o48'49" West, a distance of 20.00 feet to the POINT OF BEGINNING and containing 300 square
feet or 0.0069 acres of land, more or less.
TRACT 5
COMMENCING at a mag nail found at the northwest corner of said Tract I, and being in Westport Parkway, from
which a 5/8-inch iron rod found for the southwest corner of said Tract III bears South 0o35'09" East, a distance of
2650.17 feet;
THENCE North 89°10'40" East, along the north line of said tracts I, II, & III, and along said Westport Parkway, a
distance of 873.96 feet to a point; EASEMENT
(CONTINUED ON SHEET 3)
ENCROACHMENTS
N. S. CREED SURVEY
ABSTRACT NO. 1898
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
Kimle,* Horn
y
801 Cherry Street, Unit 11, # 1300 Tel. No. (817) 335-6511
Fart Worth, Texas 76102 FIRM # 10194040 www.kimley-hom.com
Scale I Drawn by Checked by Date Project No. Sheet No.
N/A CRG JDW 1 10/7/2021 069225626 2 OF 9
GENSHEIMER, RILEY 10/7/2021 4:56 PM K:\FTW—SURVEY\069225626-KELLER HASLET\DWG\069225626-KELLER HASL i EE.DWG
D222171149 Page 20 of 34
LEGAL DESCRIPTION (CONTINUED)
THENCE South 0049'20" East, departing the said north line, a distance of 308.08 feet to the POINT OF BEGINNING;
THENCE North 89011'11" East, a distance of 15.00 feet to a point for corner;
THENCE South 0048'49" East, a distance of 20.00 feet to a point for corner;
THENCE South 89011'11" West, a distance of 15.00 feet to a point for corner;
THENCE North 0048'49" West, a distance of 20.00 feet to the POINT OF BEGINNING and containing 300 square
feet or 0.0069 acres of land, more or less.
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202). A
survey plat of even survey date herewith accompanies this metes & bounds description.
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately
sets out the metes and bounds of the encroachment tracts.
EASEMENT
ENCROACHMENTS
N. S. CREED SURVEY
�
®1-'r'-- r i L s
- •�
,� OF F
�P\ ...ISTE T
ABSTRACT NO. 1898
cv . „� .y
/JOSHUA D. WARGO
�. -� dos
CITY OF FORT WORTH
REGISTERED PROFESSIONAL
,�.�
•••.••••••••••••••••••••••••••
TARRANT COUNTY, TEXAS
LAND SURVEYOR NO. 6391
JOSHUA D. WARGO
801 CHERRY STREET
...:....................... :...
�. 6391
UNIT 11 SUITE 1300
,0
�'.,9p �?;.�Q
9,y•••FESSO.•
Kim
e.- >>>
Horn
FORT WORTH, TEXAS 76102
o
y
O
801 Cherry Street, Unit 11, # 1300 Tel. No. (817) 335-6511
PH. 817-335-6511
S U R v
Fart Worth, Texas 76102 FIRM # 10194040 www.kimley-hom.com
josh.wargo@kimley-horn.com
Scale I
Drawn by I
Checked by
I Date
Project No.
I Sheet No.
N/A
CRG
JDW
10/7/2021 1
069225626
1 3OF9
GENSHEIMER, RILEY 10/7/2021 4:56 PM K:\FTW—SURVEY\069225626-KELLER HASLET\DWG\069225626-KELLER HASLPi EE.DWG
D222171149 Page 21 of 34
NORTH
100 Zoo WESTPORT PARKWAY
GRAPHIC SCALE IN FEET
TRACT 4 j�
I II
II
TRACT II
w z I I I CALLED 5.2662 ACRESi
U 0 0
MANOLIA PADS, LTD.
0 Q 04
I I TRACT I I I GCC# D220197492 I I D D
op (D D a I I CALLED 5.2662 ACRES z IIMAGNOLIA PADS, LTD. 0p
� CC# D220197492 TRACTS
no mOz r r
N
II II NzD
TRACT 1 I u
_PROPOSED 15'
U- 0 N I I WATER EASEMENT
0o NI I
JJT= I, -
CO II II
w--
c o o l I I TRACT 2 TRACT 3 I I
J U
_ TRACT III
CALLED 49.6340 ACRES
MAGNOLIA PADS, LTD.
CC# D220197492
NOTES:
Only the proposed waterline easement is shown on this sheet. See sheets 5 through 9 for other easements.
EASEMENT
ENCROACHMENTS
N. S. CREED SURVEY
ABSTRACT NO. 1898
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
Kimley,*H rn
o801 Cherry Street, Unit 11, # 130Tel. No. (817) 335-6511
Fart Worth, Texas 76102 FIRM # 10194040 www.kimley-hom.com
Scale 1 Drawn by Checked by Date Project No. Sheet No.
V = 200' CRG JDW 1 10/7/2021 069225626 4 OF 9
GENSHEIMER, RILEY 10/7/2021 4:56 PM K:\FTW—SURVEY\069225626-KELLER HASLET\DWG\069225626-KELLER HASL i EE.DWG
D222171149
Page 22 of 34
NORTH P . O • C •
MNF
),
10 20
GRAPHIC SCALE IN FEET
LEGEND
P.O.C. = POINT OF COMMENCING
P.O.B. = POINT OF BEGINNING
IRF = IRON ROD FOUND
MNF = MAG NAIL FOUND \
SEE SHEET 8 FOR LINE TABLE
0
T
r
CALLED 7.744 ACRESLu
AIL INVESTMENTS, LPLo
CC# D216055507
0
Ln
CV
WESTPORT PARKWAY
PROPOSED 60' PUBLIC
ACCESS EASEMENT -
(LOVETTAVENUE) I MAGNOLIA PADS, LTD.
I I CC# D220197492
I ,,PROPOSED 15' WATER
EASEMENT
P.O.B.
IN89°24'51 "E I L1 _
27.60' �l I TRACT 1
I J
0.0069 ACRES
w I I 300 SQ. FT.
I ram" L3 r
o I I I
5/8" IRF
AIL INVESTMENT, LP
NOTES: i (RECORD DESCRIPTION IN
VOL. 9527, PG. 1012 - TRACT 1)
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202).
A metes and bounds description of even survey date herewith accompanies this survey plat.
The undersigned, Registered Professional Land Surveyor, hereby certifies EASEMENT
that this survey plat accurately sets out the metes and bounds of the
encroachment tracts. ENCROACHMENTS
N. S. CREED SURVEY
OF
E•.T,F
ABSTRACT NO. 1898
CITY OF FORT WORTH
,JOSHUA D. WARG6
REGISTERED PROFESSIONAL
•••••••••••••••••••••••••••••
TARRANT COUNTY, TEXAS
LAND SURVEYOR NO. 6391
JOSHUA D. WARGO
CHERRY STREET
...:....................... :...
�. 6391 �.�
UN
UNIT 11 SUITE 1300
0
!'�;pp C�Q:•'4
9�ji'•• FE S S��•.• o
Kimle
*Horn
FORT WORTH, TEXAS 76102
y
O `C
801 Cherry Street, Unit 11, # 1300 Tel. No. (817) 335-6511
PH. 817-335-6511
S � R v
Fart Worth, Texas 76102 FIRM # 10194040 www.kimley-hom.com
josh.wargo@kimley-horn.com
Scale
111=20' I
Drawn by
CRG I
Checked by
JDW
Date
110/7/2021 1069225626
Project No.
Sheet No.
I 5OF9
GENSHEIMER, RILEY 10/7/2021 4:56 PM K:\FTW—SURVEY\069225626-KELLER HASLET\DWG\069225626-KELLER HASLi!i EE.DWG
D222171149
Page 23 of 34
P.O.C.
MNF
WESTPORT PARKWAY
NORTH
0 10 20
GRAPHIC SCALE IN FEET
I I I
PROPOSED 60' PUBLIC
I ACCESS EASEMENT —
I (LOVETT AVENUE)
o I I MAGNOLIA PADS, LTD.
000 I I CC# D220197492
`----------
\ PROPOSED 15 WATER
EASEMENT
� I
IN89°11'11"EI L5 '— — _ _ _ _ _ _ _
28.35' ,,-TRACT 2 ~ - - - -
I I\ � �� 0.0069 ACRES
300 SQ. FT.
CDI `� I
I `� I
CALLED 7.744 ACRES I I
AIL INVESTMENTS, LP
CC# D216055507 — -- — — — — — — — — —
PROPOSED 15' WATER
EASEMENT
5/8" IRF - - - EASEMENT
- - ENCROACHMENTS
AIL INVESTMENT, LP N. S. CREED SURVEY
(RECORD DESCRIPTION IN ABSTRACT NO. 1898
VOL. 9527, PG. 1012 - TRACT 1) CITY OF FORT WORTH
LEGEND TARRANT COUNTY, TEXAS
P.O.C. = POINT OF COMMENCING '
P.O.B. = POINT OF BEGINNING IRF =IRON ROD FOUNDKimlev*Horn
MNF = MAG NAIL FOUND
801 Cherry Street, Unit 11, # 1300 1 Tel. No. (817) 335-6511
Fart Worth, Texas 76102 FIRM # 10194040 www.kimley-hom.com
SEE SHEET 8 FOR LINE TABLE Scale 1 Drawn by I Checked by I Date I Project No. I Sheet No.
1"=20' CRG JDW 10/7/2021 069225626 6OF9
GENSHEIMER, RILEY 10/7/2021 4:56 PM K:\FTW—SURVEY\069225626-KELLER HASLET\DWG\069225626-KELLER HASL i EE.DWG
D222171149 Page 24 of 34
NORTH
P.O.C. WESTPORT PARKWAY
0 10 20
MNF� — — — — —
N89° 10'40"E
805.64' GRAPHIC SCALE IN FEET
I I I I I
I
I I I
Lu�ti 1N I I I
U Lo I o MAGNOLIA PADS, LTD. w z
w�' �
0
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ACCESS EASEMENT— �� I I
UQ ( I a
- — — — — — — — — — — — — — — — — — — — -
P.O.B.
�I III I
N L9
w- — — — — — — — — — — �--
rn I
0
Cn N o PROPOSED 15' WATER
M
o EASEMENT
V) — J
I-------- -t-__—------
I
-TRACT 3
0.0069 ACRES
300 SQ. FT. 1 I
— — — — — — — — — —''— — — — — — — — — — — — — — —
EASEMENT
ENCROACHMENTS
�5/8" IRF — — — — N. S. CREED SURVEY
AIL INVESTMENT, LP ABSTRACT NO. 1898
(RECORD DESCRIPTION IN CITY OF FORT WORTH
LEGEND VOL. 9527, PG. 1012 -TRACT 1) TARRANT COUNTY, TEXAS
P.O.C. = POINT OF COMMENCING
P.O.B. =POINT OFF BEGINNING KimIev* H
IRF =IRON ROD FOUND o r n
MNF = MAG NAIL FOUND 801 Cherry Street, Unit 11, # 1300 Ar Tel. No. (817) 335-6511
Fart Worth, Texas 76102 FIRM # 10194040 www.kimley-hom.com
SEE SHEET 8 FOR LINE TABLE Scale Drawn by I Checked by I Date I Proiect No. I Sheet No.
= 120' CRG JDW 10/7/2021 069225626 7OF9
GENSHEIMER, RILEY 10/7/2021 4:56 PM K:\FTW—SURVEY\069225626-KELLER HASLET\DWG\069225626-KELLER HASL V EE.DWG
D222171149 Page 25 of 34
P.O.C. WESTPORT PARKWAY NORTH
MNF� — — —
N89°10'40"E o 10 20
r. 832.74'
GRAPHIC SCALE IN FEET
� I �
I I I I
PROPOSED 60' PUBLIC
ACCESS EASEMENT
I I I
I I
�w I I
I I
MAGNOLIA PADS, LTD. I � W I I
I CC# D220197492 I w I I
° I I
I w
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U a 300 SQ. FT. J J
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EASEMENT
5/8" IRF ENCROACHMENTS
N. S. CREED SURVEY
AIL INVESTMENT, LP ABSTRACT NO. 1898
(RECORD DESCRIPTION IN CITY OF FORT WORTH
LEGEND VOL. 9527, PG. 1012 - TRACT 1) TARRANT COUNTY, TEXAS
P.O.C. = POINT OF COMMENCING
P.O.B. = POINT OF BEGINNING Kimle-y
�����IRF =IRON ROD FOUNDOMNF = MAG NAIL FOUND801 Cherry Street, Unit 11, # 130Tel. No. (817) 335-6511
Fart Worth, Texas 76102 FIRM # 10194040 www.kimley-hom.com
SEE SHEET 8 FOR LINE TABLE Scale 1 Drawn by I Checked by I Date I Project No. I Sheet No.
1"=20' CRG JDW 10/7/2021 069225626 8OF9
GENSHEIMER, RILEY 10/7/2021 4:56 PM K:\FTW—SURVEY\069225626-KELLER HASLET\DWG\069225626-KELLER HASL i EE.DWG
D222171149
Page 26 of 34
P.O.C.
MNF
N$9° 10'40"E
+ 873.96'
a
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IP.O.B. I I
L17 I
TRACT 5-- I
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AIL INVESTMENT, LP
(RECORD DESCRIPTION IN
VOL. 9527, PG. 1012 -TRACT 1)
NORTH
0 10 20
GRAPHIC SCALE IN FEET
LINE TABLE
NO.
BEARING
LENGTH
L1
N89°11'11"E
20.00'
L2
S00°48'49"E
15.00,
L3
S89°11'11"W
20.00'
L4
N00°48'49"W
15.00'
L5
N89°1111"E
20.00'
L6
S00°48'49"E
15.00'
L7
S89°11'11"W
20.00'
L8
N00°48'49"W
15.00'
L9
N89°1111"E
20.00'
L10
S00°48'49"E
15.00'
L11
S89°11'11"W
20.00'
L12
N00°48'49"W
15.00'
L13
N89°11'11"E
15.00'
L14
S00°48'49"E
20.00'
L15
S89°11'11"W
15.00'
L16
N00°48'49"W
20.00'
L17
N89°1111"E
15.00'
L18
S00°48'49"E
20.00'
L19
S89°1111"W
15.00'
L20
N00°48'49"W
20.00'
EASEMENT
ENCROACHMENTS
N. S. CREED SURVEY
ABSTRACT NO. 1898
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
LEGEND
P.O.C. = POINT OF COMMENCING Kim1p_v)))Horn
#P.O.B. =POINT OF BEGINNING
801 Cherry Street, Unit 11, 1300 Tel. No. (817) 335-6511
IRF = IRON ROD FOUND Fart Worth, Texas 76102 FIRM # 10194040 www.kimley-hom.com
MNF = MAG NAIL FOUND Scale Drawn by I Checked by I Date I Project No. I Sheet No.
1"=20' CRG JDW 10/7/2021 069225626 9OF9
GENSHEIMER, RILEY 10/7/2021 4:56 PM K:\FTW—SURVEY\069225626-KELLER HASLET\DWG\069225626-KELLER HASL i EE.DWG
aw
ti
N
N
N
WESTPORT PARKWAY
PUBLIC 12" WATER LINE
µ ! ! ! ! ! ! ! ! I ! GRAPHIC SCALE IN FEET
" PROP. o �l 0 3'�
it ENCROACHMENT ci Nll
PROP. PRIVATE 5'X4' RCBIf I
o l
I PROP. o i J
II ENCROACHMENT N
15' WATER EASEMENT PROP. PRIVATE 6'
BY PLAT SEWER SERVICE
U15'
PLAT WATER EASEMENT
Z li L� PROP. PUBLIC 12 BY
WATER LINE PROP.PUBLIC 12"
N I I PROP. WATER LINE l
m I I ENCROACHMENT 1 1
II Ili i
I, 1
1 Ili
11' I I 1
PROP. PRIVATE 6'X4' RCB
ll II!
15 WATER EASEMENT
l I BY PLAT PROP. PUBLIC 12" PROP.
l l WATER LINE 20.0' I I ENCROACHMENT 3
----------x li i
20.0" PROP. PROP. PRIVATE 18" RCP
ENCROACHMENT21
I I
ENCROACHMENT LIMITS I Kimley»>Horn
0
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Il I
ISWATER
EASEMENT BY PLAT
I�
I� I
STA: 5+51.61 WATER LINE B
INSTALL:
1 - 2" DOMESTIC SERVICE
STA: 5+56.61 WATER LINE B
INSTALL: 10" FIRE
n 1 1 - 12"X10" TEE
n 1 - 12" VALVE
p 1 - 10" VALVE
1 - 1.5" IRRIGATION METER
N ±38ALF OF 10" PVC
N p
STA: 7+36.82 WATER LINE B
INSTALL:
1 - 12" 45' HORIZONTAL BEND
STA: 7+43.89 WATER LINE B
INSTALL: .
1 - 12" 45' HORIZONTAL BEND/
VERTICAL BEND
W/ TIE -DOWN BLOCKING
HOR. DEFLECTION ANGLE: 45' '
VERT. DEFLECTION ANGLE: 0.62'
CALLED 7.744 ACRES
AIL INVESTMENTS, LP I
CC# D216055507 I
LOT 1
BLOCK 1
BUILDING #1
215,600 SF
PROP. ENCROACHMENT 11
STA: 7+88.31 WATER LINE B 3+00
INSTALL: I I
1 - 12"X10" ANCHOR TEE
i 1 - 10" GATE VALVE
z I 1 - 10" PLUG
J 1 - 1.5" IRRIGATION METER
±41 LF OF 10" PVC
O
STA: 7+93.31 WATER LIJBINSTALL:1 - 2" DOMESTIC SERVI
u
NORTH
GRAPHIC SCALE IN FEET
!0 50 100 200
0
_ o
4+00 i
I I
STA: 9+13.89 WATER LINE B
.INSTALL:
1 - 12"X6" ANCHOR TEE
1 - 12" GATE VALVE
1 - FH ASSEMBLY PER
COFW DETAIL D120
±17LF OF 6" PVC —
I I
\ 8+00 9+00 10+00 �11+00 12+00 1
PROP. ENCROACHMENT 21. — -15' WATER
EASEMENT BY PLAT
PROP. PRIVATE STORM LINE
e
PUBLIC WATER ENCROACHMENT
PLAN VIEW (1 OF 2) I Kimley>»Hom
lV
N
04
m I —ra
LOT 1
BLOCK 1
PROP. ENCROACHMENT 31 BUILDING #1
r r r r I I I I I r r r r
STA: 15+76.14 WATER LINE B
INSTALL:
1 - 12"X8" ANCHOR TEE
1 - 12" GATE VALVE
1 - 8" GATE VALVE
1 - 8" PLUG
±30.5LF OF 8" PVC
STA: 17+16.87 WATER LINE B
INSTALL:
1 - 12"X6" ANCHOR TEE
1 - 12" GATE VALVE
1 - FH ASSEMBLY PER
COFW DETAIL D120
±24.71-F OF 6" PVC
215,600 SF
PROP. ENCROACHMENT 5
STA: 22+39.79 WATER LINE B
INSTALL:
1 - 12" 45' HORIZONTAL BEND
STA: 21+81.46 WATER LINE B
INSTALL:
1 - 12" 45° HORIZONTAL BEND
HOR. DEFLECTION ANGLE: 45'
VERT. DEFLECTION ANGLE: 2.18'
STA: 21+73.97 WATER LINE B
INSTALL:
1 - 12"X6" ANCHOR TEE
1 - 12" GATE VALVE
1 - FH ASSEMBLY PER
COFW DETAIL D120
±19.5LF OF 6" PVC
17+00 18+00 19+00 20+00 21+00
- I _T__F_f
I I_ __I _ -I _ _ I_ -__�_I __
STA: 16+11.37 WATER LINE B 15' WATER
INSTALL: EASEMENT BY PLAT STA: 23+34.90 WATER LINE B
1 - 12" 45' HORIZONTAL BEND/ _ _ _ INSTALL:
VERTICAL BEND=—_''�^�^� _ — _ 1 - 12" 45' VERTICAL BEND
MR WITH CONCRETE CRADDLE
_ _ _ _ HOR. DEFLECTION ANGLE: 45' — -
VERT. DEFLECTION ANGLE: 0.15'
1 PROP
STA: 15+98.64 WATER LINE B
INSTALL:
1 - 12" 45' HORIZONTAL BEND/
VERTICAL BEND
WITH TIE -DOWN BLOCKING
HOR. DEFLECTION ANGLE: 45'
VERT. DEFLECTION ANGLE: 5.52`
ENCROACHMENT4�
CALLED 20.668 ACRES
AIL INVESTMENT.. LP
CC# D204242155
WITH TIE -DOWN BLOCKING
1 - 12" GATE VALVE
Z
0
GRAPHIC SCALE IN FEET
0 50 100 200
I I I
23+00
PUBLIC WATER ENCROACHMENT
PLAN VIEW (2 OF 2) I Kimley>»Hom
N
N
04
ti
N
N
N
HORIZONTAL SCALE: 1"=100'
VERTICAL SCALE: 1"=10'
680
EXIST N GIkADE
680
zLul
I
675
2 _
675
670
670
--- nor-----
a.
oi i
665
--- aL-L-----
665
PROPCSHD dRADE
660
660
655
0
M
655
JI
6'X4' RCE CROSSING
650
STA:0+22.50
650
L-FL_650.49
645
---
645
-0+50 0+ 0 1+00
WATER LINE D
STA. -0+50 TO STA. 1 +00
PUBLIC WATER ENCROACHMENT 1
PROFILE VIEW (1 OF 4) I Kimley>»Horn
W
ti
N
N
N
HORIZONTAL SCALE: 1"=100'
VERTICAL SCALE: 1 "=10'
685
II
685
680
---
-
_--
680
EXISTING
GRADE
WI I
675
=1a I
675
-------------------u
Q f~ r------------------------------------
0
vl~ I
PROPOSED GRADE
670
----------------
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jj/PROPOSED
r�
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Q
GRADE
a
665
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" 660
12" PVC @ 0.25%
is u_�io— /,,
660
s 655
I
TO COMPACT j�/// j//�/�
655
----------
----I
---------------F!
PROP. PRIVATE
CCONTRACTOR /
ER-GtT CIT�TtT----
6'X4' RCB CROS:ING
650
I STA:7+61.39
El652nn
650
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8+00 9+DO
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12-00 12+50
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s
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WATER LINE
B
STA. 5+00 TO STA.
12+50
o;
a
PUBLIC WATER ENCROACHMENT 2
ax
PROFILE VIEW (2 OF 4)
I
Kimrey)>>Horn
W
675
670
665
660
655
650
645
40
/
I I
Rom. PMVATE --F-I
18" NDPE CROSSING I I
PROPOSED GRADE STA:15+41.89
FL:663.53
6 0) M
635 1-- a a
12+50 13100
ti
N
N
N
HORIZONTAL SCALE: 1"=100'
VERTICAL SCALE: 1"=10'
675
670
---
665
�12" PVC @ 0.53%—
660
rv(- cu`L
T7
655
Mi
------------- --—--------
z
------
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as
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---
650
— CONTRACTOR TO COMPACT I &1
FILL PER CITY SPEC 33 45 10 I ZI
w
----------------
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645
1 0�
a
m M to i m I
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635
14 ;
00 15-00
16700
17700
18100
18+50
WATER LINE B
STA. 12+50 TO STA. 18+50
PUBLIC WATER ENCROACHMENT 3
PROFILE VIEW (3 OF 4) I Kimleryr#Horn
W
675
1 14-I
----------- -----
670
CL
I QI
--------------
I ZI
665
w J
— — — -------------Lx -
1 &I
a
660
55
HORIZONTAL SCALE: 1"=100'
VERTICAL SCALE: 1"=10'
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----—---------
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----��---------
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MNTRACTOR TO COMPACT %i i /i%/: i//ii//i/x ' " "' N
F LL PER CITY SPEC 33 05 10
645 PROP. PRIVATE PROP. P IVATE 1 111
.96 6" SS CROSS♦NG STA:2 +77
STA:20+6 3.92�11— FL 643.27 1
FL: 3.37
640 o � � to � I 1. _ � �,� ,
r r � T 12" PVC @ 100.01 %�
m (o co I I C° m 12" PVC @ 0.10%-/
635 a I I
18+50 19100 20-00 21700 22-00 23-00
WATER LINE B
STA. 18+50 TO STA. 24+00
24+00
675
670
665
660
655
650
645
640
635
PUBLIC WATER ENCROACHMENT 4 & 5
PROFILE VIEW (4 OF 4) I Kjml >»Horn
N
N
N
W
EXHIBIT D. REVISED
CERTIFICATE OF INSURANCE
See attached.
Encroachment Assignment Agreement Page 10 of 10
Rev 12/2022