HomeMy WebLinkAboutContract 60250Date Received: 10/11/2023
Time Received: 3:33 p.m.
Record Number: PN23-00119
City Secretary No.: 60250
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 LCG2i Riverbend, LLC, a(n)
limited liability company ("Licensee"), acting by and through its duly authorized
signatory.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 1900 Gravel
Drive, Fort Worth, Texas 76118 ("Property"), being more particular described as, a tract
of land situated in the William C. Trimble Survey, Abstract No. 1521, as recorded in
Deed Records, by Instrument Number D222158618, in Tarrant County, Texas, and;
WHEREAS, the City owns a public water inlet easement (the "Public
Property") adjacent to the Property, recorded in the plat records of Tarrant County as
plat number D223155607; 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 connections to public water inlets (the
"Encroachment"). Upon completion of the Encroachment, Licensee agrees to be
responsible for maintaining the Encroachment within the Public Property. Licensee shall
Tier II Easement Encroachment Agreement OFFICIAL RECORD Page I of 11
CITY SECRETARY Revised 12/2022
FT. WORTH, TX
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
the Water Department, the Director of the Development Services Department or their
Tier II Easement Encroachment Agreement Page 2 of 11
Revised 12/2022
duly authorized representative. Any such removal of the Encroachment shall be in
accordance with then -existing City regulations and policies. It is understood and agreed
to by Licensee that if this Agreement terminates and Licensee fails to remove the
Encroachment and restore the Public Property, Licensee hereby gives City permission to
remove the Encroachment and any supporting structures from the Public Property, to
restore the Public Property, and to assess 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.
Tier II Easement Encroachment Agreement Page 3 of 11
Revised 12/2022
9.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION
WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION,
MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE
ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT
CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF
THE CITY; AND LICENSEE 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 (Oct 10, 202314:01 CDT)
D.J. Harrell, Director of the
Licensee:
LCG2i Riverbend, LLC a Texas limited
liability company
By: LCG2 Investments Manager, LLC
a Texas limited liability company
Its: Initial Manager
By:
Name: Sean Wood
Development Services Department Title: Autl on/z>ed Signatory
Date: Oct 10, 2023 Date: �(i
4,pp4OpIl��
a EORp a
� 00000 00 OF�LadO
ATTEST: pro °�-+o Approved As To Form and Legality
p Sao o
Jannette Goodall, Jeremy Anato-Mensah
City Secretary Assistant City Attorney
Date: Oct 11, 2023
Date: Oct 9, 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 (Oct 10, 2023 07:50 CDT)
Date: Oct 10, 2023
Rebecca Owen
Development Services
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Tier II Easement Encroachment Agreement Page 7 of l l
Revised 12/2022
N I I Nl WW" N ILIJ :may II 11''LI11"1.4 N 0 lIJ W W Lei Bawl DI IJ►1 A''""
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
October , 2023
,� - ate./
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
o�Pava�e' KATHLEEN BRADFORD
a Notary Public
• • STATE OF TEXAS
u5 GGGGVVVV �y Notary I.D. 12197197
�'FaF� My Comm. Exp. Apr. 12, 2027 '
Tier II Easement Encroachment Agreement Page 8 of 11
Revised 12/2022
STATE OF TEXAS §
COUNTY OFF §
Vc11a5
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
TC�(c 5 , on this day personally appeared Sean Wood, Managing Director (Title)
known to 1ne 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 LCG2i Riverbend, LLC, a Texas limited
liability company (entity type), and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 4 +k day of M6r,
2023.
Notary Public in and for the
State of -TC-Gc. S
LANDON MCDERMOTT
_er Notary Public, State of Texas
:9 T Comm. Expires 05-19-2027
Notary ID 134370303
Tier II Easement Encroachment Agreement Page 9 of 11
Revised 12/2022
EXHIBIT A
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement Page 10 of 11
Revised 12/2022
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LOCATED IN
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COUNCIL DISTRICT 5
MAPSC® NO.: 66E
PREPARED FOR:
LCG21 RIVERBEND, LLC
3500 MAPLE AVENUE, DALLAS, TX 75219
SUITE 1600
(214)935-2546
AUGUST 2023
PREPARED BY:
GMcivil
Engineering & Surveying
2559 SW Grap—ne Pkwy, Grapevine, Texas 76051
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PREFARM BY:
PREPARED FOR:
Ll LEON GMcivil
Capital Group Engineering & Surveying
3t00 Maple Averrue.5bi1e 1600 xuR sw as<mrzwopenrc rmm zxsr
Dallas Tx )6219 ra.q mnx Ezvulraww„s1�o21zao
RIVERBEND EAST OFFICE PARK
LOT I R, BLOCK 9
FP CASE No. FS-23O 6 FnBbmem _
Page 7 of 7
N
FINAL PLAT
OF
RWERBEND EAST OFFICE PARK
LOT 1R, BLOCK 9
BEING
10.596 ACRES
BEING A RE -PLAT OF LOTS 1, 2, 3, 4, & 5, BLOCK 9
OF RIVERBEND EAST OFFICE PARK
SITUATED IN THE
WI LIAM C. TRIMBLE SURVEY, ABSTRACT No.1521
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
DRra: A-. zan SHEEP 2of2
EXHIBIT "A"
LEGAL DESCRIPTION FOR
EASEMENT ENCROACHMENT No. 1
All that certain lot, tract, or parcel of land, situated in a portion of the William
C. Trimble Survey, Abstract No. 1521, City of Fort Worth, Tarrant County, Texas,
being in the Jack Newell Boulevard South (100' wide private street)
right-of-way recorded in Volume 388-186, Page 91 of the Plat Records of
Tarrant County, Texas (PRTCT), and being more completely described as
follows, to -wit:
COMMENCING at a 5/8" iron rod found for the South corner of Lot 1 R, Block 9
of Riverbend East Office Park recorded in Instrument No. D223155607 (PRDCT)
and at the intersection of said Jack Newell Boulevard South and Gravel Drive
(100' wide private street) per said Volume 388-186, Page 91 (PRTCT);
THENCE North 56 deg. 37 min. 18 sec. East along the Northwest right-of-way
line of said Jack Newell Boulevard South and the Southeast line of said Lot 1 R,
Block 9, a distance of 21.71 feet to the TRUE POINT OF BEGINNING;
THENCE North 56 deg. 37 min. 18 sec. East along said Northwest right-of-way
line and Southeast line, a distance of 9.18 feet, from which a 5/8" iron rod
found in the Southeast line of said Lot 1 R, Block 9 bears North 56 deg. 37 min.
18 sec. East - 609.11 feet;
THENCE South 33 deg. 22 min. 42 sec. East departing said Northwest
right-of-way line and Southeast line, a distance of 4.83 feet;
THENCE South 56 deg. 44 min. 09 sec. West, a distance of 9.18 feet;
THENCE North 33 deg. 23 min. 00 sec. West, a distance of 4.81 feet to the
POINT OF BEGINNING, containing 44 square feet or 0.001 acres of land, more
or less.
Bearings are referenced to Texas State Plane Coordinate System,
North Central Zone (4202), North American Datum of 1983 as
derived from GPS observation.
P (� F F'r
��.••G�STFR' 9s'
Exhibit map attached and made a part hereof. : �� �o .
JOHN N. ROGERS
.:A� ..6372 . ...........
<q �cESS�� O�
Np SURVEY
9/14/2023
GMCiVi 1 2559 SW Grapevine Pkwy I Grapevine, TX 76051 1 817.329.4373 Sheet 1 of 2
�r V TxEng Firm # F-2944 I TxSury Firm # 10021700 September 14, 2023
Engineering & Surveying gmcivil.com 10958-ECH ESMTI.dwg
\ LOT 1 R, BLOCK 9
VERB END EAST OFFICE PARK
INST. NO. D223755607 / / y spy SR�g bb /
� P. R. T. C. T. / / � / ory b�
<1- 130 5/8" I.R.F.
0,5
30' GAS RIGHT-OF-WAY EASEMENT / / / (36
ENTERPRISE TEXAS PIPELINE, LLC
INST. NO. D210017978 /
D.R.T.C.T. / VARIABLE WIDTH /
PRIVATE DRAINAGE EASEMENT
INST. NO. D223138910 /\ /
75' GAS RIGHT-OF-WAY EASEMENT / / D.R.T.C.T.
TEXAS MIDSTREAM GAS SERVICES
INST. NO. D207391625
D.R.T.C.T. \/ / i •O.B•
/ ZP
on 6l/TAGE P.O.C.
5/8" I.R.F.
0 30 / 3
V, \ o
SCALE IN FEET / LOT 1, BLOCK 7 7 :2
Uj
rn
LINE TABLE RIVERBEND EAST OFFICE
PARK w
VOL. 388-786, PG. 97 Cb
LINE # BEARING DISTANCE P.R.T,C.T.01
Ll N5603718"E 21.71' C� \ LU
111 f� x
L2 N56037' 18"E 9.18'LLI C17R �/ 1��� \ Q
L3 S33022'42"E 4.83' TWM$LL f O. ��2 \ O
lu 1� N z
BEARINGS ARE REFERENCED TO w
L4 S56044'09"W 9.18' AD
STC TEXAS STATE PLANE COORDINATE
1D SYSTEM, NORTH CENTRAL ZONE w
^ \ (4202), NORTH AMERICAN
L5 N33023'00"W 4.81' / \ DATUM OF 1983 AS DERIVED
EXHIBIT "A" MAP SHOWING FROM GPS OBSERVATION.
EASEMENT ENCROACHMENT No. 1, o
SITUATED IN A PORTION OF THE o
WILLIAM C. TRIMBLE SURVEY, ABSTRACT NO. 1521
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS E F
Job No.: 10958 Scale: 1 "=30' Sheet C2 R oqs
Drafted: L.J.C. Checked: J.N.R.
GMcivit JOHN N. ROGERS
v
A 6372 C
0
Surveyed on the Ground: 4/21 /2022 �°Fess�dA
Engineering & Surveying of Q
00
2559 SW Grapevine P", Grapevine, Texas 76051 �qNO $(JrjV �`(O a
817-329-4373 Date Prepared: 8/29/2023 0
TxEng Firm # F-2944 I TxSury Firm # 10021700
Revised:9/14/2023 1 Revised: Date Signed: 9/1q/2023 w
EXHIBIT "A"
LEGAL DESCRIPTION FOR
EASEMENT ENCROACHMENT No. 2
All that certain lot, tract, or parcel of land, situated in a portion of the William C.
Trimble Survey, Abstract No. 1521, City of Fort Worth, Tarrant County, Texas, being in
the Jack Newell Boulevard South (100' wide private street) right-of-way recorded in
Volume 388-186, Page 91 of the Plat Records of Tarrant County, Texas (PRTCT), and
being more completely described as follows, to -wit:
COMMENCING at a 5/8" iron rod found in the East line of Lot 1 R, Block 9 of Riverbend
East Office Park recorded in Instrument No. D223155607 (PRTCT) and being in the
West right-of-way line of said Jack Newell Boulevard North (100' wide private street)
recorded in said Volume 388-186, Page 91 (PRTCT), said point being a Point of
Curvature of a circular curve to the right, having a radius of 244.55 feet, a central
angle of 78 deg. 06 min. 44 sec., and being subtended by a chord which bears South
27 deg. 58 min. 50 sec. West - 308.17 feet;
THENCE in a southerly direction along the East line of said Lot 1 R, Block 9, said West
right-of-way line and curve to the right, a distance of 333.40 feet to the TRUE POINT OF
BEGINNING;
THENCE South 78 deg. 55 min. 28 sec. East non -tangent to said curve and departing
said East line and West right-of-way line, a distance of 4.97 feet;
THENCE South 10 deg. 55 min. 01 sec. West, a distance of 6.01 feet;
THENCE North 77 deg. 32 min. 37 sec. West, a distance of 5.06 feet to the East line of
said Lot 1 R, Block 9 and the West right-of-way line of said Jack Newell Boulevard
South, from which a 5/8" iron rod found for a PI in the Southeast line of said Lot 1 R,
Block 9 bears South 34 deg. 32 min. 20 sec. East - 183.87 feet, said point being a Point
of Curvature of a non -tangent circular curve to the left, having a radius of 244.55
feet, a central angle of 01 deg. 22 min. 51 sec., and being subtended by a chord
which bears North 1 1 deg. 45 min. 57 sec. East - 5.89 feet;
THENCE in a northerly direction along said East line, West right-of-way line and curve
to the left, a distance of 5.89 feet to the POINT OF BEGINNING, containing 30 square
feet or 0.001 acres of land, more or less. "-? /
Bearings are referenced to Texas State Plane Coordinate System,
North Central Zone (4202), North American Datum of 1983 as 76372--
0derived from GPS observation.gsExhibit map attached and made a part hereof. Rs. .-�
9/14/2023
2559 SW Grapevine Pkwy I Grapevine, TX 76051 1 817.329.4373 Sheet 1 of 3
M Clvl l TxEng Firm # F-2944 I TxSury Firm # 10021700 September 14, 2023
Engineering & Surveying gmcivil.com 10958-ECH ESMT2.dwg
LOT 1 R, BLOCK 9
RI VERBEND EAST OFFICE PAI
INST. NO. D223755607
P. R. T. C. T.
0 30
SCALE IN FEET VARIABLE WIDTH
PRIVATE DRAINAGE EASEMENT
INST. NO. D223138910
D.R.T.C.T.
SEE SHEET 3
POINT OF FOR LINE & CURVE
COMMENCING TABLE
5/8''I.R.F. 1
JZ
zlm
100' PRIVATE STREET, EMERGENCY
ACCESS, & UTILITY EASEMENT
VOL. 388-186, PG. 91
P.R.T.C.T.
_ EAST LOOP
N 820 ORTH
POINT OF LLIA� ��,q
BEGINNING C.
LE StJR 1521
TRIMS CT So.
RA
MI. L1 EASEMENT ABS 1 — — —
ENCROACHMENT No. 2 - — — — — —
/ L3 30 SQ. FT. / 0.001 AC.
50' GAS RIGHT-OF-WAY EASEMENT—
/ TEXAS MIDSTREAM GAS SERVICES
/ INST. NO. D207391625 _
/ D.R.T.C.T. —
75' GAS RIGHT -OF -WAY —
EASEMENT --
TEXAS MIDSTREAM
GAS SERVICES
INST. NO. D207356766
/ D.R.T.C.T.
�OPyIb1 J
—
2� ~ ?O � �111 ♦_
Q 30' GAS RIGHT-OF-WAY EASEMENT —
ENTERPRISE TEXAS PIPELINE, LLC
INST. NO. D210017979
— --
D.R.T.C.T. /
0 BEARINGS ARE REFERENCED TO
TEXAS STATE PLANE COORDINATE
SYSTEM, NORTH CENTRAL ZONE
/ 5/8" I.R.F. / (4202), NORTH AMERICAN
DATUM OF 1983 AS DERIVED
EXHIBIT "A" MAP SHOWING FROM GPS OBSERVATION.
EASEMENT ENCROACHMENT No. 2,
SITUATED IN A PORTION OF THE
WILLIAM C. TRIMBLE SURVEY, ABSTRACT NO. 1521
CITY OF TARRANT, FORT WORTH COUNTY, TEXAS �E F F
k
Job No.: 10958 Scale: 1''=30' Sheet y� G� R a�s
Drafted: L.J.C. Checked: J.N.R. �oHN N.s • GM&ivil
I
A 6372
Surveyed on the Ground: 4/21 /2022 �°Fess����
Engineering & Surveying of Q
2559 SW Grapevine Pkwy, Grapevine, Texas 76051 �qNO $ (J jjV �`( O
817-329-4373 Date Prepared: 08/29/2023
TxEng Firm # F2944 I TxSury Firm # 10021700
� Revised:9/14/2023 1 Revised: Date Signed: 9/1q/2023 �
as
3
CN
w
CURVE TABLE
CURVE #
RADIUS
ARC LENGTH
DELTA ANGLE
CHORD BEARING
CHORD LENGTH
C 1
244.55'
333.40'
78006'44"
S27058'50"W
308.17'
C2
244.55'
188.51'
44009'55''
S34032'20"E
183.87'
C3
244.55'
5.89'
1 a22'51''
N 1 1 a45'57"E
5.89'
LINE TABLE
LINE #
BEARING
DISTANCE
L1
S78055'28''E
4.97'
L2
S 1005501 "W
6.0 1'
L3
N77032'37"W
5.06'
EXHIBIT "A" MAP SHOWING
EASEMENT ENCROACHMENT No. 2,
SITUATED IN A PORTION OF THE
WILLIAM C. TRIMBLE SURVEY, ABSTRACT NO. 1521
CITY OF TARRANT, FORT WORTH COUNTY, TEXAS
Job No.: 10958 Scale: NONE
Sheet
GM&ivil Drafted: L.J.C. Checked: J.N.R.
Surveyed on the Ground: 4/21 /2022
Engineering &Surveying
of
2559 SW Grapevine 81�Grapevine, Texas 76051
329-4373Date Prepared: 08/29/2023
TxEng Firm # F2944 I TxSury Firm # 10021700
Revised: 9/14/2023I Revised:
BEARINGS ARE REFERENCED TO
TEXAS STATE PLANE COORDINATE
SYSTEM, NORTH CENTRAL ZONE
(4202), NORTH AMERICAN
DATUM OF 1983 AS DERIVED
FROM GPS OBSERVATION.
F F'I
S,T ER oqs
JOHN N. ROGERS
6372
lq OFESS�0?o�
Np SURV E�
Date Signed: 9/1q/2023 `
of
EXHIBIT "A"
LEGAL DESCRIPTION FOR
EASEMENT ENCROACHMENT No. 3
All that certain lot, tract, or parcel of land, situated in a portion of the William C.
Trimble Survey, Abstract No. 1521, City of Fort Worth, Tarrant County, Texas, being in
the Jack Newell Boulevard North (100' wide private street) right-of-way recorded in
Volume 388-186, Page 91 of the Plat Records of Tarrant County, Texas (PRTCT), and
being more completely described as follows, to -wit:
COMMENCING at a 5/8" iron rod found in the Northeast line of Lot 1 R, Block 9 of
Riverbend East Office Park recorded in Instrument No. D223155607 (PRTCT) and being
in the West right-of-way line of said Jack Newell Boulevard North, said point being a
Point of Curvature of a circular curve to the right, having a radius of 244.55 feet, a
central angle of 56 deg. 19 min. 00 sec., and being subtended by a chord which
bears South 38 deg. 52 min. 42 sec. East - 230.81 feet;
THENCE in a southeasterly direction along said Northeast line. West right-of-way line
and curve to the right, a distance of 240.37 feet to the TRUE POINT OF BEGINNING;
THENCE North 79 deg. 16 min. 48 sec. East departing said Northeast line and West
right-of-way line and being non -tangent to said curve, a distance of 4.90 feet;
THENCE South 11 deg. 38 min. 10 sec. East, a distance of 2.99 feet;
THENCE South 79 deg. 57 min. 59 sec. West, a distance of 4.96 feet to the Northeast
line of said Lot 1 R, Block 9 and the West right-of-way line of said Jack Newell
Boulevard North, from which a 5/8" iron rod found for a PI in the Southeast line of said
Lot 1 R, Block 9 bears South 23 deg. 17 min. 39 sec. west - 268.72 feet, said point being
a Point of Curvature of a non -tangent circular curve to the left, having a radius of
244.55 feet, a central angle of 00 deg. 41 min. 12 sec., and being subtended by a
chord which bears North 10 deg. 22 min. 36 sec. West - 2.93 feet;
THENCE in a northerly direction along said Northeast line, West right-of-way line and
curve to the left, a distance of 2.93 feet to the POINT OF BEGINNING, containing 15
square feet of land, more or less.
Bearings are referenced to Texas State Plane Coordinate System, North
Central Zone (4202), North American Datum of 1983 as derived from
GPS observation.
IE,.F..F.I-
Exhibit map attached and made a part hereof. y�G`STFRFgs
JOHN N. ROGERS
o� 6372 P:
OFFS S\0
lq, SURV ��
9/14/2023
2559 SW Grapevine Pkwy I Grapevine, TX 76051 1 817.329.4373 Sheet 1 of 3
M Clvl l TxEng Firm # F-2944 I TxSury Firm # 10021700 September 14, 2023
Engineering & Surveying gmcivil.com 10958-ECH ESMT3.dwg
POINT OF
COMMENCING
� \X 5/8" I.R.F.
Z'..BLE WIDTH
PRIVATE DRAINAGE EAS
INST. NO. D2231389
D.R.T.C.T.
RN
100' PRIVATE STREET, EMERGENCY
ACCESS, & UTILITY EASEMENT
VOL. 388-186, PG. 91
D PT(`T
LOT 1 R, BLOCK 9
RIVERBEND EAST OFFICE PARK
INST. NO. D223755607 (�
P. R. T. C. T.
POINT OF
BEGINNINGL I L2
c2
I L3
EASEMENT
ENCROACHMENT No. 3 I
15 SQ. FT
VARIABLE WIDTH
PRIVATE DRAINAGE EAS
INST. NO. D2231389
^D.R.T.C.T.
I
5/8" I.R.F. I
EXHIBIT "A" MAP SHOWING
EASEMENT ENCROACHMENT No. 3,
SITUATED IN A PORTION OF THE
WILLIAM C. TRIMBLE SURVEY, ABSTRACT NO. 1521
CITY OF TARRANT, FORT WORTH COUNTY, TEXAS
LLIAM VfY,
LE S01 1521
TRIM$ CT NO"
ABSTRA
LOT3, BLOCK2
RIVERBEND EAST
OFFICE PARK
VOL. 388-186, PG. 91
P. R. T. C. T.
1
1
SEE SHEET 3
FOR LINE & CURVE
TABLE
EAST LOOP
820 NORTH
0 30
f � 1
SCALE IN FEET
BEARINGS ARE REFERENCED TO
TEXAS STATE PLANE COORDINATE
SYSTEM, NORTH CENTRAL ZONE
(4202), NORTH AMERICAN
DATUM OF 1983 AS DERIVED
FROM GPS OBSERVATION.
Job No.: 10958 Scale: 1 "=30'
Sheet
GM&ivil
Drafted: L.J.C. Checked: J.N.R.
• �oHN N.......s
Surveyed on the Ground: 4/21 /2022
A 6372
A°Fess�o��
Engineering & Surveying
of
< Q
qNO
2559 SW Grapevine Pkwy, Grapevine, Texas 76051
817-329-4373
Date Prepared: 08/29/2023
3URV �`(O
TxEng Firm # F2944 I TxSury Firm # 10021700
Revised:9/14/2023
1 Revised:
Date Signed: 9/1q/2023
of
f
CURVE TABLE
CURVE #
RADIUS
ARC LENGTH
DELTA ANGLE
CHORD BEARING
CHORD LENGTH
C1
244.55'
240.37'
56019'00"
S38052'42"E
230.81'
C2
244.55'
2.93'
0041' 12"
N l 0022'36"W
2.93'
C3
244.55'
284.50'
66039'19"
S23017'39"W
268.72'
LINE TABLE
LINE #
BEARING
DISTANCE
>a
Ll
N79016'48"E
4.90'
L2
S 11 a38' 10"E
2.99'
w
L3
S79057'59"W
4.96'
w
EXHIBIT "A" MAP SHOWING
EASEMENT ENCROACHMENT No. 3,
SITUATED IN A PORTION OF THE
WILLIAM C. TRIMBLE SURVEY, ABSTRACT NO. 1521
CITY OF TARRANT, FORT WORTH COUNTY, TEXAS
Job No.: 10958 Scale: NONE
Sheet
GM&ivil Drafted: L.J.C. Checked: J.N.R.
Surveyed on the Ground: 4/21 /2022
Engineering &Surveying
of
2559 SW Grapevine 81�Grapevine, Texas 76051
329-4373Date Prepared: 08/29/2023
TxEng Firm # F2944 I TxSury Firm # 10021700
Revised: 9/14/2023I Revised:
BEARINGS ARE REFERENCED TO
TEXAS STATE PLANE COORDINATE
SYSTEM, NORTH CENTRAL ZONE
(4202), NORTH AMERICAN
DATUM OF 1983 AS DERIVED
FROM GPS OBSERVATION.
F F'I
S,T ER oqs
JOHN N. ROGERS
6372
lq OFESS�0?o�
Np SURV E�
Date Signed: 9/1q/2023 `
of
NoRf.�o..oxrf
—
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' la oc" _ C8.0
OVERALL
STORM DRAIN
LAYOUT
-th. 1.1k 1(n
0 coo in 0 ch
aset, 1�'.!
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MfX*
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-T
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v CiVil RIVERBEND EAST OFFICE PARK
BUILDING 2
0 4.r,7 LEON
Fol
Capital Group
CITY OF FORT WORTH
WGM
C
TARRANT COUNTY, TX
_j
EXHIBIT B
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 11 of 11
Revised 12/2022
Named Insured
LG Conway, LLC
LCG2I 502 Fountain, LLC
LCG2I 8888 Governors Row, LLC
LCG21 Indian Trail, LLC
LCG212727 Northaven LLC
LCG21 602 Fountain LLC
LCG21 1205 Avenue H East, LLC
LCG21 8717 Directors Row, LLC
LCG2i 4301 Mansfield Hwy, LLC
LCG218330 Endicott Ln, LLC
LCG2i 8716 Directors Row, LLC
LCG21200 Adell Blvd, LLC
LCG2i 9259 King Arthur Dr, LLC
LCG2i 2424 21st Street, LLC
LCG21 Trinity, LLC
LCG21 Mesquite Long Creek, LLC
LCG21 Centerville, LLC
LCG2I Skyline, LLC
LCG2i Riverbend, LLC
LCG21 Laveen LLC/ LCG2i Laveen II LLC
LCG2i 4500 Belt Line LLC
LCG2i Forney, LLC
LCG2i MOVA LLC
LCG2i Laveen Bl LLC
LCG2i Laveen Center LLC
Street
City
. _ _ - - I Acrc:i-
3601 Conway Street
Fort Worth
TX
76111
Industrial
81,178
3
502 Fountain Pkwy
Grand Prairie
TX
75050
Industrial
214,694
11.49
8888 Governors Row
Dallas
TX
75247
Industrial
60,706
2.522
11242 Indian Trail
Dallas
TX
75229
Industrial
20,034
1.48
2727 Northaven Rd
Dallas
TX
75229
Industrial
54,250
2.59
602 Fountain Parkway
Grand Prairie
TX
75050
Industrial
301,399
13.77
1205 Avenue H East
Grand Prairie
TX
75050
Industrial
62,636
2.75
8717 Directors Row
Dallas
TX
75247
Industrial
44,711
2.07
4301 Mansfield Highway
Forest Hill
TX
76119
Industrial
233,320
11.73
8330 Endicott Ln/ 8200 Endicott L.
8220 Endicott L.
Dallas
TX
75227
Industrial
121,550
11.7
8716-8816 & 9708 Directors Row
Dallas
TX
75247
Industrial
49,500
2.7048
200 Adell Blvd
Sunnyvale
TX
75182
Industrial
162,500
10.45
9259 King Arthur Dr.
Dallas
TX
75247
Industrial
38,940
1.95
2424 South 2V Street
Phoenix
AZ
85034
Industrial
39,979
2.3
3850 Tarrant Main Street
Euless
TX
76040
Land
N/A
13.33
SEC of Hwy 352 & Long Creek Road
Mesquite
TX
75149
Land
N/A
64.16
2815 E Centerville Road (Original Address 2805
Centerville Road)
Garland
TX
75040
Land
N/A
9.5
2900 Executive Circle
Mesquite
TX
75149
Land
N/A
13.22
7500 Flagstone Drive, 7500 Jack Newell Blvd, 7520 Jack Newell Blvd, 1900
Gravel Drive, 7529 Jack ,Newell Blvd S, 1800 Gravel Dnve, 2100 E Loop 820,
N, 2112 E Loop 820 N, 7528 Mosier View Ct, 2051, Tennis Drive, 2136 E
Fort Worth
TX
76118
Land
N/A
33.9
Loop 820 N
Dobbins & 63rd Avenue to Elliott
Phoenix
AZ
85339
Land
N/A
14C
4500 Belt Line
Irving
TX
75001
Land
N/A
4.465
10700 County Road 212
Forney,
TX
75126
Land
N/A
20.341
11305 Trinity Blvd; 11315 Mosier Valley Rd
Euless
TX
76040
Land
N/A
17.21
6200 W Dobbins Rd
Laveen
AZ
85339
Land
N/A
15.7994
W Olney Ave; 6077 W Elliot
Phoenix
AZ
85339
Land
N/A
85.6