HomeMy WebLinkAboutContract 59909Date Received: 08/14/2023
Time Received: 4:45 PM
Record Number: PN23-00042
City Secretary No.: 59909
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 Timberland Boulevard
Development Partners, Inc, a Texas limited liability company ("Licensee"), acting by and
through its duly authorized Manager.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 12700
Timberland Blvd, Fort Worth, Texas 76244 ("Property"), being more particular
described as a tract of land situated in the Jose Chirino Survey, Abstract No. 265, City of
Fort Worth, Tarrant Country, Texas, as recorded in Deed Records, by Instrument Number
D216067037, in Tarrant County, Texas, and;
WHEREAS, the City owns a permanent water facility easement (the "Public
Property") adjacent to the Property, recorded in the deed records of Tarrant County by
instrument number D223042484; and
WHEREAS, Licensee desires to construct, place, and maintain certain
improvements which will encroach in, on, above, or below the Public Property; and
WHEREAS, to accommodate the needs of the Licensee, the City will allow the
encroachment under the terms and conditions as set forth in this Agreement.
NOW, THEREFORE, the City and Licensee agree as follows:
AGREEMENT
1.
The City, in consideration of the payment by Licensee of the fee set out below
and covenants and agreements hereinafter contained to be kept and performed by
Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and
occupy a portion of the City's Public Property as described in and at the location shown
on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing,
installing, and maintaining a private storm drain (the "Encroachment"). Upon
completion of the Encroachment, Licensee agrees to be responsible for maintaining the
Tier II Easement Encroachment Agreement
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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 "A."
2.
All construction, installation, maintenance, and operation of the Encroachment
and the use or occupancy of the Public Property shall comply with and be performed in
strict compliance with this Agreement and with the charter, ordinances, codes, and
policies of the City. Prior to the construction or installation of the Encroachment,
Licensee shall submit all plans and specifications to the Director of the Development
Services Department or duly authorized representative. Licensee shall not commence
construction or installation of the Encroachment nor make any use of the Public Property
until after the execution of this Agreement.
3.
Licensee, at no expense to the City, shall make proper provisions for the
relocation and installation of any existing or future utilities affected by such
Encroachment and the use and occupancy of the Public Property, including the securing
the approval and consent of the appropriate utility companies and agencies of the State of
Texas and its political subdivisions. In the event that any installation, reinstallation,
relocation, or repair of any existing or future utility or improvements owned by or
constructed by or on behalf of the public or at public expense is made more costly by
virtue of the construction, maintenance, or existence of the Encroachment and use of
Public Property, Licensee shall pay to City an additional amount equal to such additional
cost as determined by the Director of Transportation and Public Works, the Director of
the Water Department, the Director of the Development Services Department, or their
duly authorized representative.
4.
Licensee agrees that City may enter and utilize the Public Property at any time for
any public purpose, including installing, repairing, replacing, or maintaining
improvements to its public facilities or utilities necessary for the health, safety, and
welfare of the public. The City shall have no responsibility or liability for any damages
related to the Encroachment resulting from the City's use of the Public Property;
however, the City shall make reasonable efforts to minimize such damage.
5.
Upon termination of this Agreement, Licensee shall, at the option of and at no
expense to the City, remove the Encroachment and restore the Public Property to a
condition acceptable to the Director of Transportation and Public Works, the Director of
Tier II Easement Encroachment Agreement
Page 2 of 11
Revised 12/2022
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 Nine Hundred Dollars ($900.00).
7.
The term of this Agreement shall be for thirty (30) years, commencing on the
date this Agreement is executed by City. However, the City may terminate this
Agreement upon Licensee's noncompliance with any of the terms of this Agreement.
City shall notify Licensee in writing of any such noncompliance and if Licensee does not
cure the noncompliance within thirty (30) days of notice from City, the City may
terminate this Agreement. However, the City may, at its sole option, allow the Agreement
to remain in effect so long as Licensee has taken reasonable measures to cure the
noncompliance or is continuing to diligently attempt to remedy the noncompliance.
8.
It is further understood and agreed between the parties hereto that the Public
Property to be used and encroached upon is held by City as trustee for the public; that
City exercises such powers over the Public Property as have been delegated to it by the
Constitution of the State of Texas or by the Texas Legislature; and that City cannot
contract away its duty and its legislative power to control the Public Property for the use
and benefit of the public. It is accordingly agreed that if the governing body of City may
at any time during the term hereof determine in its sole discretion to use or cause or
permit the Public Property to be used for any other public purpose, including but not
being limited to underground, surface, or overhead communication, drainage, sanitary
sewerage, transmission of natural gas or electricity, or any other public purpose, whether
presently contemplated or not, that the parties agree to negotiate in good faith in order to
accommodate both the Encroachment and the public purpose.
9.
Tier II Easement Encroachment Agreement
Page 3 of 11
Revised 12/2022
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION
WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION,
MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE
ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT
CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF
THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND
RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL
LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL
INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY
PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE
ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF
LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES.
10.
While this Agreement is in effect, Licensee agrees to furnish City with a
Certificate of Insurance naming City as certificate holder as proof that is has secured and
paid for a policy of public liability insurance covering all public risks related to the
proposed use and occupancy of public property as located and described in Exhibit "A."
The amounts of such insurance shall be not less than
$1,000,000
with the understanding and agreement by Licensee that such insurance amounts may be
revised upward at City's option and that Licensee shall so revise such amounts
immediately following notice to Licensee of such requirement. Such insurance policy
shall not be canceled or amended without at least thirty (30) days prior written notice to
the Building Official of the City. A copy of such Certificate of Insurance is attached as
Exhibit "B" and incorporated herein for all purposes. Licensee agrees, binds, and
obligates itself and its successors and assigns to maintain and keep in force such public
liability insurance at all times during the term of this Agreement and until the removal of
the Encroachment and restoration of the Public Property. All insurance coverage
required herein shall include coverage of all Licensee's contractors and subcontractors.
Tier II Easement Encroachment Agreement
Page 4 of 11
Revised 12/2022
11.
Licensee agrees to deposit with the City when this Agreement is executed a
sufficient sum of money to be used to pay necessary fees to record this Agreement in the
real property records of the county in which the Encroachment is located. After being
recorded, the original shall be returned to the City Secretary of the City of Fort Worth.
12.
Licensee agrees to comply fully with all applicable federal, state, and local laws,
statutes, ordinances, codes, and regulations in connection with the construction,
operation, and maintenance of the Encroachment and use of the Public Property.
13.
Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for
by this Agreement or by any federal, state, or local statute, law, or regulation.
14.
Licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as an officer, agent,
servant, or employee of City, and Licensee shall have exclusive control of and the
exclusive right to control the details of its operations, and all persons performing same,
and shall be solely responsible for the acts and omissions of its officers, agents, servants,
employees, contractors, subcontractors, licensees, and invitees. The doctrine of
respondeat superior shall not apply as between City and Licensee, its officers, agents,
servants, employees, contractors, and subcontractors, and nothing herein shall be
construed as creating a partnership or joint enterprise between City and Licensee.
15.
Licensee agrees and acknowledges that this Agreement is solely for the purpose
of permitting Licensee to construct, maintain, and locate the Encroachment over or within
the Public Property and is not a conveyance of any right, title, or interest in or to the
Public Property, nor is it meant to convey any right to use or occupy property in which a
third -party may have an interest. Licensee agrees that it will obtain all necessary
permissions before occupying such property.
16.
Tier II Easement Encroachment Agreement
Page 5 of 11
Revised 12/2022
In any action brought by the City for the enforcement of the obligations of the
Licensee, City shall be entitled to recover interest and reasonable attorneys' fees.
17.
The parties agree that the duties and obligations contained in Section 5 shall
survive the termination of this Agreement.
18.
Licensee covenants and agrees that it will not assign all or any of its rights,
privileges, or duties under this Agreement without the written approval of the City, and
any attempted assignment without such written approval shall be void. In the event
Licensee conveys the Property, Licensee may assign all of its rights and obligations under
this Agreement to the new owner of the Property, and Licensee shall be deemed released
from its duties and obligations hereunder upon City's approval in writing of such
assignment, which approval shall not be unreasonably conditioned or withheld.
Foreclosure by a secured lender of Licensee or assignment to a secured lender by
Licensee in the event of default or otherwise shall not require City approval provided that
said lender notifies City in writing within sixty (60) days of such foreclosure or
assignment and assumes all of Licensee's rights and obligations hereunder. However, no
change of ownership due to foreclosure or assignment to any secured lender of Licensee
shall be effective as to City unless and until written notice of such foreclosure or
assignment is provided to City.
19.
Any cause of action for breach of this Agreement shall be brought in Tarrant
County, Texas. This Agreement shall be governed by the laws of the State of Texas.
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
Page 6 of 11
Revised 12/2022
'City:
+CITY OF FORT WORTH
,By: DJ Harrell fAug lO, :2023 14:34 CDT)
.D,J. Harrell, Director of the
Licensee:
'Timberland Boulevard .Development
:Partners, :LLC
a Texas :limited liability
Name: Andrew .Miller
Development :Services Department Title: Manager
Date: .Aug .110, :2023
Date:
617 / Z�
ATTEST: Approved .As To Form .and .Legality
.Jannette Goodall,
City Secretary
Date: Aug 11, 2023
Tier II Easement Encroachment Agreement
Jeremy .Anato-Mensah
Assistant City Attorney
Date: Aug 10, 2023
Contract Compliance Manager:
By signing I acknowledge that I :am the person
responsible for the monitoring and administration
of this contract,, including 'ensuring all performance
and reporting requirements.
Rebecca Diane Owen .[Aug 10, 2023 14:02 cU T )
Rebecca Owen
Development Services
Date: Aug 10, 2023
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
***THIS PAGE FOR CITY OF FORT WORTH OFFICE USE ONLY***
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared D.J. Harrell, 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 loth day of
August , 20 23 .
Digitally signed by Brooke
Brooke Bonnell Donnell
Date: 2023.08.10 16:19:21
-05'00'
Notary Public in and for the State of Texas
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
Tier II Easement Encroachment Agreement
BROOKE BONNELL
Notary Public
STATE OF TEXAS
Notary I.Q. 134009525
My Comm. Exp. Oct. 11, 2026
Page 8 of 11
Revised 12/2022
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
1�Kti✓a� N T,p�1(
%c45 , on this day personally appeared Ili , �/ itle) 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 ofit401,1a L. L6-tentity type), and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 7+ day of"s�
20 ZT .
Notary Public in and for the
State of
Tier II Easement Encroachment Agreement
.001111111010,
��tPRY Pcj�C, . 's
jr
co z
:�0 OFTE\°'•
RES 96 40` \\‘����\\�.
1, m 1111
Page 9of11
Revised 12/2022
EXHIBIT A
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement
Page 10 of 11
Revised 12/2022
D223042484 03/15/2023 01:17 PM Page: 1 of 7 Fee: $43.00
Electronically Recorded by Tarrant County Clerk in Official Public Records _
Submitter: COFW CFA OFFICE
MARY LOUISE NICHOLSON
COUNTY CLERK
CPN 103937 - Timberland Crossing - Lot 9
Parcel 01
12700 Timberland Drive
Jose Chirino Survey, Abstract No. 265
THE STATE OF TEXAS §,
COUNTY OF TARRANT §
DATE:
KNOW ALL MEN BY THESE PRESENTS
CITY OF FORT WORTH
PERMANENT WATER FACILITY EASEMENT
GRANTOR: TIMBERLAND BOULEVARD DEVELOPMENT PARTNERS, LLC
GRANTOR'S MAILING ADDRESS (including County):
251 E. SOUTHLAKE BLVD, SUITE 100
SOUTHLAKE, TARRANT COUNTY, TX 76092
GRANTEE: CITY OF FORT WORTH
GRANTEE'S MAILING ADDRESS (including County):
200 TEXAS ST.
FORT WORTH, TARRANT COUNTY, TX 76102
CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the
receipt and sufficiency of which is hereby aclmowledged.
EASEMENT PROPERTY: Being more particularly described in Exhibit "A
Grantor, for the Consideration paid to Grantor and other good and valuable consideration, hereby
grants, sells, and conveys to Grantee, its successors and assigns, an exclusive, perpetual
easement for the construction, operation, maintenance, replacement, upgrade, and repair of a
Permanent Water Main Facility (hereafter referred to as "Facility"). The Facility includes all
incidental underground and aboveground attachments, equipment and appurtenances, including,
but not limited to manholes, manhole vents, lateral line connections, valves, pipelines, water
meters, junction boxes in, upon, under and across a portion of the Easement Property and more
fully described in Exhibit "A" attached hereto and incorporated herein for all pertinent purposes,
0RTW0''THa
Pemunent Water Facility Easement
Rev. 12Q.12021
D223042484
Page 2 of 7
together with the right and privilege at any and all times to enter the Easement Property, or any
part thereof, for the purpose of constructing, operating, maintaining, replacing, upgrading, and
repairing said Facility.
In no event shall Grantor (I) use the Easement Property in any manner which interferes in any
material way or is inconsistent with the rights granted hereunder, or (II) erect or permit to be
erected within the Easement Property a permanent structure or building, including, but not
limited to, monument sign, pole sign, billboard, brick or masonry fences or walls or other
structures that require a building permit. However, Grantor shall be permitted to install and
maintain a concrete, asphalt or gravel driveway, road or parking lot across the Easement
Property. Grantee shall be obligated to restore the surface of the Easement Property at Grantee's
sole cost and expense, including the restoration of any sidewalks, driveways, or similar surface
improvements located upon or adjacent to the Easement Property which may have been
removed, relocated, altered, damaged, or destroyed as a result of the Grantee's use of the
Easement Property granted hereunder. Provided, however, that Grantee shall not be obligated to
restore or replace irrigation systems or other improvements installed in violation of the
provisions and intended use of this Easement Property.
TO HAVE AND TO HOLD the above -described Easement Property, together with all and
singular the rights and appurtenances thereto in any way belonging unto Grantee, and Grantee's
successors and assigns forever; and Grantor does hereby bind itself and its successor and assigns
to warrant and forever defend all and singular the Easement Property unto Grantee, its successor
and assigns, against every person whomsoever lawfully claiming or to claim the same, or any
part thereof.
When the context requires, singular nouns and pronouns include the plural.
[SIGNATURES APPEAR ON THE FOLLOWING PAGES]
FORT WORTH,
remanent Water Facility Easement
Rev. 12/2i1021
D223042484 Page 3 of 7
GRANTOR:
TIMBERLAND BOULEVARD DEVELOPMENT PARTNERS, LLC,
a Texas limited liability company
By:
Matt Macleod, Manager
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY of 10\1(1-c n+ §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Matt Macleod, known to me to be the same person whose name
is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of
TIMBERLAND BOULEVARD DEVELOPMENT PARTNERS, LLC, a Texas limited
liability company and that he/she executed the same as the act of said entity for the purposes and
consideration therein expressed and, in the capacity, therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
c.)00\r x,1rv) , 20
BROOK BOWEN
Notary ID 11132252060
My Commission Expires
November 14, 2023
tea. Q
2Z
day of
dty Pablie in and fol the State of Texas
Fowi WoRra,
Permanent Water Facility Easement
Rev, 1/12@021
D223042484 Page 4 of 7
GRANTOR:
TIMBERLAND BOULEVARD DEVELOPMENT PARTNERS, LLC,
a Texas limited liability company
By:
Andrew Miller, Manager
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF t-t.AVVAj §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Andrew Miller, known to me to be the same person whose
name is subscribed to the foregoing instilment, and acknowledged to me that the same was the
act of TIMBERLAND BOULEVARD DEVELOPMENT PARTNERS, LLC, a Texas limited
liability company and that he/she executed the same as the act of said entity for the purposes and
consideration therein expressed and, in the capacity, therein stated,
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2 Z day of
-YRAD\I-ru) , 20 .
BROOK BOWEN
Notary ID #132252060
My Commission Expires
November 14, 2023
Lary Public in and for the State of Texas
ORTH.
Pem,ntnt Water Facility Easement
Rev, 12/2/2021
D223042484 Page 5 of 7
GRANTEE: CITY OF FORT WORTH
By:
Roger Venables
Acting Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
By: ,1,
Lug /2t�
Name: Jeremy Anato-Mensah
Assistant City Attorney
CONTRACT COMPLIANCE MANAGER:
By signing, I acknowledge that I am the person responsible for the monitoring and
administration of this contract, including ensuring all performance and reporting requirements.
By. Rebecca Diane Owen (Mar 13,2023 15:19 CDT)
Rebecca Diane Owen
Planning Manager
ACKNOWLEDGEMENT
THE STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
TEXAS, on this day personally appeared Roger Venables, Acting Assistant City Manager
of the CITY OF FORT WORTH, known to me to be the same person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of
the CITY OF FORT WORTH and that he executed the same for the purposes and
consideration therein expressed and, in the capacity, therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
, 20 95
Notand for the State of TEXAS
TIFFANY BACON
Notary ID #128261860
My Commission Expires
January 20, 2027
day of
DRTH
Permanent Water Facility Easement
Rev, 12,12021
D223042484 Page 6 of 7
Exhibit "A"
DESCRIPTION OF A
15' WATERLINE EASEMENT
BEING that certain tnct of land situated in the Jose Chirino Survey, Abstract Number 265, City
of Fort Worth, Tarrant County, Texas, being a portion of the remainder of that tract of land
described by deed to Timberland Boulevard Development Partners, LLC, recorded in Instrument
Number D216067037, County Records, Tarrant County, Texas, and being more particularly
described by metes and bounds as follows:
COMMENCING at a 5/8 inch iron rod, with plastic cap stamped "MILLER 5665", found at the
northwest corner of said remainder tract, the northeast corner of Lot 4, Block 1, Timberland
Crossing, an addition to the City of Fort Worth, Tarrant County, Texas, by plat recorded in
Instrument Number D217039257, said County Records, and being in the south right-of-way line
of Timberland Boulevard (a 120 foot right-of-way), as recorded in Cabinet A, Slide 8824 and
Inskument Number D211201922, said County Records, from which a 1/2 inch iron rod, with
plastic cap stamped "Peiser & Mankin", found at the northwest corner of said Lot 4, bears
S 64°22' 14"W, 124.00 feet;
THENCE S 25°37'46"E, 17.50 feet, with the east line of said Lot 4, to the POINT OF
BEGINNING;
THENCE N 64°22' 14"E, 175.00 feet, departing west line;
THENCE S 25°37'46"E, 15.00 feet;
T NCE S 64°22' 14"W, 175.00 feet, returning to said west line, from which the southeast
corner of said Lot 4, and the north line of Lot 1, West Oak Addition, an addition to said City of
Fort Worth, by plat recorded in Volume 388-77, Page 30, said County Records, bears
S 25°37'46"W, 369.71 feet;
THENCE N 25°37'46"W, 15.00 feet, to the Point of Beginning and containing 2,625 square
feet or 0.060 acres of land more or less.
"Integral Parts of this Document"
1. Description
2. Exhibit
Peloton Job No. CDG21004
Ft Worth
G:UOB\CDG21004_Timberland_Lot 9\MasterDev\_Sur\Easements\Legals\CDG21004_EA1.docx
March 23, 2022
Page 1 of 2
D223042484 Page 7 of 7
3 0
V
V
0
0
a
N
W
0
0
0
r-
0
a
rn
0
c
o'
50 100
GRAPHIC SCALE IN FEET
"Integrol Ports of this Document"
1. Description
2. Exhibit
Basis of Bearing is the Texas Coordinate
System North Central Zone 4202, NAD 83
IRF - Iron Rod Found
SSE - Sonitory Sewer Easement
0/$9
00Jv eg )`
�.VIA
,0c�21-
DZ1693 / " / " 5213 nC1
Point ofI
1 '' �Rs="/'o
�eginnzng
To2nt of {e
„ G
Commencing /A ▪ a • a
l aF a6A� 2 / s ��
•
\
k-Po \N- 1+s r
E3925' �S` .� \`='a
Ile 02tgy o y\fib
\115t• C� O- 6 ,cc\
Lot 4, Block 1
Timberland Crossing
Inst.• D217039257
C.R.T.C.T.
Lot 1, West Ook Addition
Vol. 5093, Pg. 789
C.R.T.C.T.
III T
HILLWOOD PARKWAY, SUITE 250 JOB # CDG21004 DRAWN BY: TBR
PORT WORTH, TEXAS 76177 PH.0 W7.562.3550 -
\.KSf}\CRb2R104-Timberlond_tot- MeslerDev\-fur \ oseme"ls\CDG,i�4It 04_E Al. dgn
LAND SOLUTIONS
q`)•V „
' 1:
r.
„650- 11
ioSt' C�-f C,.-'
„ „• �y6,t. r
6 9� r,.
- y -- balc 06 ��. r
tn5t CRt
1\ �roNsr• =''
Timberland Boulevard
Development Partners. LLC
(Remainder)
Inst.• D216067037
C.R.T.C.T.
Abetvect Klumbc
AN EXHIBIT OF A
15' Waterline Easement
Situated in the Jose Chirino Survey, Abstroct Number 265,
City of Fort Worth, Tarrant County, Texos.
CHECKED BY:
IMODWIA ES
DATE: 03-21-22 !PAGE # 2 of 2
2/15/2023 9:0600 At
NG�
GPI S
KELLER HASLET RD
SITE
INTERSTATE
35
��,P
ct co
~ _
L_)
5 H
H U)
'\
JQ z
Q
2
z
GOLDEN TRIANGLE BLVD
GOLDEN
TRIANGLE BLVD
CPN: 103937
MAPSCO PAGE 21-C
COUNCIL DISTRICT NO. 7
LOCATION MAP OWNER: PELOTON
Pin
NORTH TIMBERLAND CROSSING AANI REAL ESTATE, LLC 600 W 6TH ST, SUITE 175
NOT TO SCALE LOT 9 804 ARTHUR CT. KELLER, TX 76248 FORT WORTH, TX 76102
PHONE: 5127919560 PHONE: 817-562-3350
DATE: 2/16/2023
DESCRIPTION OF AN ENCROCHMENT AREA
BEING that certain tract of land situated in the Jose Chirino Survey, Abstract Number 265, City
of Fort Worth, Tarrant County, Texas, and being a portion of the remainder of that tract of land
described by deed to Timberland Boulevard Development Partners, LLC., recorded in Instrument
Number D2166067037, County Records, Tarrant County, Texas, and being more particularly
described by metes and bounds as follows:
COMMENCING at a 5/8 inch iron rod with, plastic cap stamped "Miller RPLS 5665", found at
the northwest corner of said remainder tract, the most northerly northeast corner of Lot 4,
Block I, of Timberland Crossing, an addition to the City of Fort Worth, Texas, by plat recorded
in Instrument Number D217039257, said County Records, and in the south right-of-way line of
Timberland Boulevard, a 120 foot right-of-way recorded in Instrument Number D211201922,
said County Records;
THENCE N 64°22' 14" E, 111.53 feet, with the north line of said remainder tract and said south
right-of-way line, from which the most northerly northeast corner of said remainder tract and the
northwest corner of Lot 9, Block 1, said Timberland Crossing, plat recorded in Instrument
Number D223077517, said County Records, bears N 64°22'14"E, 63.47 feet;
THENCE S 25°37'46" E, 7.50 feet, departing said common line, to the POINT OF
BEGINNING;
THENCE N 64°22'14" E, 14.11 feet
THENCE S 70°28'51" E, 35.26 feet;
THENCE S 64°22'14" W, 14.11 feet;
THENCE N 70°28'51" W, 35.26 feet, to the Point of Beginning and containing 353 square feet
of land more or less.
"Integral Parts of this Document"
I. Description
2. Exhibit
Peloton Job No. CDG21004 Tracking No. EX2
G:VOBICDG21004_TIMBERLAND_ LOT _9WIASTERDEVI_SUR1EXH1BITSILEGALS\202.30516 EX2. DOCX Page 1 of 2
COCO
1
OOLLLLOL 'ON -0GP MI4J S}
Copyright CQ 2023 Peloton Land Solutions, 4nc.
aigol auil
3 .,tiL,ZZ ei79 N
up }4 }1cIL{x3
--I O1n� mOm NcZ
�rn zpcn m1,.1"
N T !'T . k 6 (A S rff oil
r._,, Orv1k D� C-7
�,a.� 11 \ woi n j8 `z*1�> z.
POC) I, � -acne rumC' N C-]
• [p Na N. 1` , t z rn 0 iv y Vy p r7
Ln f _ 1 )'. a zCI rrt i 1-7I
up
I co
m um o
• �, 11 I 1� ems- Yr+xi Qy f7.
1 1 , A m T1 inrn 1T1
\3! 1 \ fl 1N 2 -• Q7
• _ 11 1 \ C7
J: n N ! 11 \ 1 -t
'.1^,c,N 1 1
11 \ \\1
\ 1 1
1
11
1 \ '1 \I,
1. 1 \.
1 1 1
1 ,
V]
`, :1\
1\ 1\ 4• ri. 1 y N,I11,Q �io1 m 11 l \�. , \ , 1 rrl 'A
t
N - , ,• *G,1 11 11 , {J
u,°CT p 1111 \ �r 1 .�',.�
o' s Di •�4 + v, 1 1, •G7 • 0 1 �r 6 T.
CD Cp �9_ 1 , no no N y y3
II
)SaY)i
Q o r1 ,1 111 + L] 'saC',1 n'?anal •p',
rn Q 1 1. 1 1 V
R . V5 C 1 1 1 07 p 1 r' l+
rp (0 -0 1 1 ti ti 1 \rn cA
CA rn < , v \ 1 Q7 7 y ,a P'
V f- Q \ 1, 1• � t7 \ 1 '
r Q- _ O] 1 ,
L"'+ d �° 11 - ▪ �, R7 11
n 1 `J3 N Cn , LN i\511 11 11 1
CT � • �, to j 1 1 1
_ 1 \
0 ,C71�
ACC , �,� _..---\ x 1 \ .\ -� Q
C� p C0 1 , ' ■ x
>� � _ _. 11 11 ) 1 O'C2
\ ---v, ,)\-,(\ '. .---k .--,• cn
_1 \ • ,
_ }� ▪ 1 , "�
g' i ' 11 , p
C) C.-----\
zg _ cAL
.R 1` 1
':co 1 � \ -
r' 0- r _ \ N C" -v _ -
(I +� O 1 C� pS ,1
1 1
Sao — f- ` ' -� -4'� 0 1
GO ..--1 Ncn 1 \- 1
JJLPELOTON
i
IlI `
9500 MILLWOOD PARKWAY. SUITE 250
FORT WORTM, TEXAS 76177 PH.6617-W2.3356
•o" n
uV cNn ZQ >r , E6' cs, 11
1
1
1
1
1
G LIGB\CGG2I0 4_Tirnberlo0E_1.01_91MerSlerGev\_ e
JOB # CDG21004 !DRAWN BY: S. Ponce (CHECKED BY: B. Richardson [DATE: 3129/2023 PAGE # 2 of 2
Sur lExrtibYS\CGG210Q4_E1C 2.0 n - 5 /18/2023 111, 63 Am
■M00fLr.PME1
Plot Date/Time: 6/5/2023 9:32 AM
co
0
0
0
U)
CI)
2
°m
NN C�C Z
<
n
0
0
-o
z
Z
m
09698Z91.Z0
INS] SS3OOV ,17'Z
AA
1SNI 'd3S A9
11A1S3 H31VM ,96
ss -@
0
0
Cn
to
m 1
m�
m>
AA
X
w
0
w
i
w
i
1f 1 99698Z91.Z0
I / 1 11A1S3 IMSS A21V1INVS 91.
zo
w -
o w
w
to
to
x
w
CV CC
6L91Z-X 1
2IMSS ..8 'X3 1
1 �
x
x
X
X
@ S
m
X
EX
i
G:\JOB\CDG21004_Timbedand_Lot 9\MasterDev\Comm\SENT\_Submittals\Encroachment\CAD\encroachment exhibit
Plot Date/Time: 6/5/2023 9:34 AM
li!1I PELOTON TIMBERLAND CROSSING ENCROACHMENT PROFILE
1011 LAND DDLDTIDNf
FORT WORTH
2023
±
N
Cn
cn m
CA)O7
O —1
c.)
0 rn
D
W tJz
Cn m 0
O
m D
O
C31
O
O
O�
cn <
—1
D
2
K
Om
D-1
c
7
1.3
N
+
V
O
O
Cr
LI
EXIST. FRANCHISE UT
CONTRACTOR TO FIEI
DEPTH & RELOCATE A
FOR 3' VERTICAL CLE)
q
ST. 36" PRIV,
)RM CROSSI
CD
y
z v
O m
r
W
+
n m m�
m m71
O
O
to -< O
D U)
-<
-< z
p
—
PROFILE SCALES:
1" = 40' HORIZ.
1"=4'VERT.
-r.
\
O
O
N
C37
W
O
W
01
-P
O
-
CA
G:\JOB\CDG21004_Timbedand_Lot 9\MasterDev\Comm\SENT\_Submittals\Encroachment\CAD \encroachment exhibit
EXHIBIT B
Certificate of Insurance
Tier II Easement Encroachment Agreement
Page 11 of 11
Revised 12/2022