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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 4g4gUUn�� cF Fo!+ to v �° �o d �oo oo 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." Tier II Easement Encroachment Agreement Page 1 of 14 PN21-00154 Revised 11/2020 D222171149 Page 2 of 34 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. Tier II Easement Encroachment Agreement Page 2 of 14 PN21-00154 Revised 11/2020 D222171149 Page 3 of 34 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. Tier II Easement Encroachment Agreement Page 3 of 14 PN21-00154 Revised 11/2020 D222171149 Page 4 of 34 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. Tier II Easement Encroachment Agreement Page 4 of 14 PN21-00154 Revised 11/2020 D222171149 Page 5 of 34 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. Tier II Easement Encroachment Agreement Page 5 of 14 PN21-00154 Revised 11/2020 D222171149 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. Tier II Easement Encroachment Agreement Page 6 of 14 PN21-00154 Revised 11/2020 D222171149 Page 7 of 34 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. T­ I- FEESsra1.�O T11 "I tp ft THEN' E ­1 0 11 !,1' E� ­ It. 1­ 11 It "I. ­F _l S It "T.", T­ I I d d 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 ,,X 'I'd 1- 11 r.:rI N­ ­.­S, Ilt­!a, p­ ­S.. IC L.L N,11 i.acl .a ..... 1-11. d, .1 -1 d­­ IN TIENE. 1­1 1 IL I _111,, T N't, ­­) "I I.. -I F, ­­NTIPERNITI ­­,l FNI.. I—— p. E—SPAO.— I11. '.1" - - - - - - - - LINE TYPE LEGEND -2.113—E. I-, d­ T�I, Fly 1.,! ­1­ 1 11. 1 ON"NUErONOORP 'IN .1. 4211 F; T., 11 ­­T -1 -F E _CALLED 11 0 SONS N­Tw­. I P - �21'05'E 1068.57 rJ - - - - - - - - - - o 7- - z 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 J FIJI 'T —E—E S_ Z 1E11 Ill" 1111 A I IN 11Ar,Nl F­ '2S, I S, T DUE IF 2 r; c :2 J. .2 0 1 cn Tln i rw­r AVENUE TIA- 1 I ILI" 1'1�111�131T,,_�, 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. It 2.,bw It, I,;— N, ON, ti C4 C4 C4 0 r T N N N aU. 36 dig o' LOT fi W g �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' 1 1 Lp, µ L% Lal ----- /�SO°63'19"E I NNe1 / 813.88' / �-w wF 55.00' Q 6P,B'aff6 axatH O '� niwsfuT� _-___ - 4+ 5 xB<a.aw apzm 17 S @66z /�— Ko 0 Li � I I I d'� g I u �a. I&NAr a � a•a-- NI� OJ o •� a I LOT 2 z ---- p'o " 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 eez'->'- I O _uDI JLOT 16.7727 ACRES z 730,6215O. FT. I ^d I I I I �exoa'i- o l L. _ /rS' IAI- rn.Q I L/ MwMxpeKapp a a ng M I I ` Rqp•- I I O 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� ccx MInzn3B 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 �/-srwr , —L1xa —� By r„ueur I � uu'L„p 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 -U L,aaue]uexT uu�� _ uta IrwTfn,ppRnExT ------- 7— - - - uc-s acx <e. LOTRI. B-0. I 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� L, pel•ae,@6 ,,,r „w Ie, xa 5%•e,'o•x m , en xm 1 �-E vas ,� I u; N: • , Lax x m N a Lr;e Nxa,Nawr z<.c 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 I mco �Wcq IN Lu Z U PROPOSED 60' PUBLIC I / I cn Q_ U 0 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 �u 0to I I 0 o I I rn a N � . a �C'Is w jP.O.B. Wr� I �� I � �2ro to L13 l o co o co 4� I J 'z_ 0 0.0069 ACRES i U a 300 SQ. FT. J J t I � T L15 i � I I � I \ I I 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 W J Is, Q z Lo �Wo co I- U) N owo LLJZU U J U Q WESTPORT PARKWAY 1.. V. w o MAGNOLIA PADS, LTD. CC# D220197492 IP.O.B. I I L17 I TRACT 5-- I 0.0069 ACRES o 0 300 SQ. FT. '4 J I I c. I L19 I I I PROPOSED 60' PUBLIC ACCESS EASEMENT I I I I I I PROPOSED 15' WATER I _, EASEMENT I I I I I I I I 5/8" IRF 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 I I 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 ---------------- . jj/PROPOSED r� 670 Q GRADE a 665 ./�, 665 EXISTING GRADE " 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 -------- -------- ---- -�- _ -ERI�TI�Gl�R1`� � I I $E 645 Q, - T I I (Q N Lo �CD — --- 645 k � (D (D Ln (o w-r-rcoLo Lo C4 to (o I I (D (D (D (D (D (D (D (D (D (D 640 a a d a a a a a a I I a a a a a d a 640 Egy 7� �8 5+00 6+DO 7+1 0 8+00 9+DO 10-00 11 '100 12-00 12+50 s' s k� 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 ------ ----- ---- -- I =l as —--- -------- -------- --- 650 — CONTRACTOR TO COMPACT I &1 FILL PER CITY SPEC 33 45 10 I ZI w ---------------- -- 645 1 0� a m M to i m I --- -- M w (0 (D CD co 640 o�--�---�- OD .--eq�li i i.. CD F- a F I a I I- I- 1`- a 1 635 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' �I I ----—--------- QI� I Z12 1 ----��--------- &I I aI I -----A—A--------- 650 'PVC @ 4.60%4117, /"/,�iC- ///i% ---------- f �'ry / i 12" PVC @ 4.60% , o 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