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HomeMy WebLinkAboutContract 60755Date Received: 01/12/2024 Time Received: 10:36 a.m. Record Number: PN22-00203 City Secretary No.: 60755 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER 11 THIS AGREEMENT is made and entered into by and between THE CITY OF FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"), acting by and through its duly authorized City Manager, Assistant City Manager, or Director of the Development Services Department, and KDP Stockyards, LLC, a(n) Delaware limited liability company("Licensee"), acting by and through its duly authorized signatory. RECITALS WHEREAS, Licensee is the owner of the real property located at 400 East Exchange Avenue easement, Fort Worth, Texas 76164 ("Property"), being more particular described as, all of lot 1's, of Block 1 through 10, situated in the Edmund Little Survey, Abstract No. 954, and the Isaac Thomas Survey, Abstract No. 1526, as recorded in Deed Records, by Instrument Number D222200433, in Tarrant County, Texas, and; WHEREAS, the City owns a public drainage easement (the "Public Property") over to the Property, as shown on that certain recorded in the plat records of Tarrant County as plat number FP-22-201 and as recorded as Instrument Number D223193681, in Official Public Records of Tarrant County, Texas: and; 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. Notwithstanding anything contained in the Plat to the contrary, 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 Tier II Easement Encroachment Agreement Page 1 of 15 Revised 12/2022 ACTIVE 691798855 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 water line (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 "B." 01 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. Tier II Easement Encroachment Agreement Page 2 of 15 Revised 12/2022 ACTIVE 691798855 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 Nine Hundred Dollars ($900.00). a 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 $•om City, the City may terminate this Agreement. However, the City may, at its sole option, allow the Agreement to remain in effect so long as Licensee has taken reasonable measures to cure the noncompliance or is continuing to diligently attempt to remedy the noncompliance. 8. It is further understood and agreed between the parties hereto that the Public Property to be used and encroached upon is held by City as trustee for the public; that City exercises such powers over the Public Property as have been delegated to it by the Constitution of the State of Texas or by the Texas Legislature; and that City cannot contract away its duty and its legislative power to control the Public Property for the use and benefit of the public. It is accordingly agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the Public Property to be used for any other public purpose, including but not Tier II Easement Encroachment Agreement Page 3 of 15 Revised 12/2022 ACTIVE 691798855 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. 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 Tier II Easement Encroachment Agreement Page 4 of 15 Revised 12/2022 ACTIVE 691798855 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. 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 with respect to the Encroachment, 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. Tier II Easement Encroachment Agreement Page 5 of 15 Revised 12/2022 ACTIVE 691798855 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. 18. Except in the event of a conveyance of the Property, 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, In the event Licensee conveys the Property, Licensee will assign this Agreement to such new owner together with all of Licensee's rights and obligations under this Agreement, and such new owner shall provide an updated certificate of insurance to the City and Licensee shall be deemed released fi-om its duties and obligations hereunder. The City retains the authority to request the new owner to execute a new encroachment agreement in substantially the same form as the existing encroachment agreement, unless there is a substantial alteration in the encroachment use. A substantial alteration is defined as any alteration or modification that significantly affects the terms, conditions, or nature of the existing encroachment's use. 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. Tier II Easement Encroachment Agreement Page 6 of 15 Revised 12/2022 ACTIVE 691798855 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 7 of 15 Revised 12/2022 ACTIVE 691798855 City: CITY OF FORT WORTH By. DJ Harrell (Jan 11, 202409:29 CST) D.J. Harrell, Director of the Date: Jan 11, 2024 oFF000T�oaa ATTEST: o- o9=0 p°a o 000 oe d � daa� rEXASobp `J nnaauao Jannette Goodall, City Secretary Date: Jan 12, 2024 Tier II Easement Encroachment Agreement Approved As To Form and Legality Jeremy Anato Mensah Assistant City Attorney Date: Jan 10, 2024 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 (Jan 10, 202413:16 CST) Rebecca Owen Development Services Date: Jan 10, 2024 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 8 of 15 Revised 12/2022 ACTIVE 691798855 I -HIS PAGIJ P-UR-C11-Y-UN FUR1TWUR-1`HUFFIUE-USEZJNL`>�'� � 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 llth day of January 12024 Wendy L. Digitally signed by Wendy L. Beardslee Beardslee Date: 2024.01.11 10:13:18-06'00' 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 4 o�pRYP(iB/ WENDY L BEARDSLEE a Notary Public STATE OF TEXAS Notary I.D. 13323719-3 4 My Comm. Exp. July 28, 2025 Page 9 of 15 Revised 12/2022 ACTIVE 691798855 LICENSEE: KDP STOCKYARDS LLC, a Delaware limited liability company By: CV QOZP Series D Deal 5, LLC, a Delaware limited liability company, its Sole Member By: KDP Stockyards Phase I Holdings, LP, a Delaware limited partnership, its Managing Member By: KDP GP LLC, a Delaware limited liability company, its General Partner By: Name: Daniel Zunker Title: Authorized Signatory Tier II Easement Encroachment Agreement Page 10 of 15 Revised 12/2022 ACTIVE 691798855 STATE OF COUNTY OF Ttxc.S V cKA✓ 0 0 BEFORE ME, the undersigned authority, a Notary Public in and for the State of �S , on this day personally appeared Daniel Zunker, Authorized Signatory, 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 KDP Stockyards LLC„ a Delaware limited liability company (and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3day of 20 -- - r ��`1Yea NICK FILE Notary Public in and for the Notary Public, State of Texas ';?E Comm. Expires03-08-2026 State of iL��S ��'�; �o���`�� Notary ID 13363250-4 Tier II Easement Encroachment Agreement Page 11 of 15 Revised 12/2022 ACTIVE 691798855 EXHIBIT A Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page 12 of 15 Revised 12/2022 ACTIVE 691798855 ORTWORT THE CITY OF FORT WORTH PUBLIC WATER ENCROACHMENT AGREEMENT LOT 1, BLOCK 3, LOT 1, BLOCK 4, LOT 1, BLOCK 8 & LOT 1, BLOCK 9 OF KAIROI STOCKYARDS MULTIFAMILY W \281\H � deo - Par SITE EX(;HANGE '4 z U O O uj 2 1 G � Z � PROPOSED PUBLIC WATER ENCROACHMENTS SITE LOCATION MAP NTS I Kimley»>Horn LEGAL DESCRIPTION EASEMENT ENCROACHMENTS BEING a 342 square foot (0.0078 acre) tract of land (Tract 1), a 202 square foot (0.0046 acre) tract of land (Tract 2), a 260 square foot (0.0060 acre) tract of land (Tract 3), a 174 square foot (0.0040 acre) tract of land (Tract 4), a 150 square foot (0.0034 acre) tract of land (Tract 5), a 150 square foot (0,0034 acre) tract of land (Tract 6), and a 212 square foot (0.0049 acre) tract of land (Tract 7) situated in the Edmund Little Survey, Abstract No. 954 and the Isaac Thomas Survey, Abstract No. 1526, City of Fort Worth, Tarrant County, Texas; said Tract 1 being a portion of Lot 1, Block 8, Kairoi Stockyards Multifamily, an addition to the City of Fort Worth according to the plat recorded in Instrument No. D223193681 of the Official Public Records, Tarrant County, Texas, said Tracts 2 & 3 being a portion of Lot 1, Block 9 of said Kairoi Stockyards Multifamily, said Tracts 4-6 being a portion of Lot 1, Block 3 of said Kairoi Stockyards Multifamily, said Tract 7 being a portion of Lot 1, Block 4 of said Kairoi Stockyards Multifamily; said Tracts 1-7 also being part of that tract of land described in Special Warranty Deed to KDP Stockyards LLC recorded in Instrument No. D222200433 of said Official Public Records; said tracts being more particularly described as follows: TRACT 1 BEGINNING at a point, from which a 1/2-inch iron rod found for the northwest corner of said Block 8 bears North 55°56'58" West, a distance of 127.31 feet; THENCE North 00°22'27" West, a distance of 22.51 feet to a point for corner; THENCE South 89°45'49" West, a distance of 9.01 feet to a point for corner; THENCE North 00'1411" West, a distance of 15.00 feet to a point for corner; THENCE North 89°45'49" East, a distance of 15.00 feet to a point for corner from which a 5/8-inch iron rod w/ "KHA" cap found for the northeast corner of said Block 8 bears North 06°25'57" East, a distance of 34.44 feet; THENCE South 00014'11" East, a distance of 31.57 feet to a point for corner; THENCE South 44°45'49" West, a distance of 8.39 feet to the POINT OF BEGINNING and containing 342 square feet or 0.0078 acres of land, more or less. TRACT 2 BEGINNING at a point, from which a 5/8-inch iron rod w/ "KHA" cap found for the said northeast corner of Block 8 and the most westerly northwest corner of said Block 9 bears North 36°04'25" West, a distance of 21.23 feet; THENCE North 89°45'49" East, a distance of 4.57 feet to a point for corner, from which 5/8-inch iron rod w/ "KHA" cap found for a reentrant corner in the west line of said Block 9 bears North 22'22'19" West, a distance of 18.58 feet; THENCE South 00'14'11" East, a distance of 10.00 feet to a point for corner; THENCE South 89045'49" West, a distance of 0.43 feet to a point for corner; THENCE South 44°45'49" West, a distance of 20.61 feet to a point for corner; EASEMENT ENCROACHMENTS PART OF BLOCKS 3, 4, 8, AND 9 KAIROI STOCKYARDS MULTIFAMILY EDMUND LITTLE SURVEY, ABSTRACT NO. 954, ISAAC THOMAS SURVEY, ABSTRACT NO. 1526, THENCE North 00°14'11" West, a distance of 14.14 feet to a CITY OF FORT WORTH, point for corner; TARRANT COUNTY, TEXAS THENCE North 44°45'49" East, a distance of 14.75 feet to the Kimleh. ��� Horn POINT OF BEGINNING and containing 202 square feet or 0.0046 acres of land, more or less. 801 Cherry Street, Unit 11, 41300 TeL No. (817) 335-6511 FortWorth, Texas 76102 FIRM 4 10194040 www.kimley-horn,com Scale Drawn by Checked by I Date Proieci No. Sheet No. N/A GRW MCB 11/10 22023 064543803 1 OF 7 BILLINGSLEY, MICHAEL 11/10/2023 11:07 AM \\KIMLEY-HORN\TX_FT\AAFTW_SURVEYl064543803-KAIROI STOCKYARDS MF\DWG\EN ROACHMENT EASEMENTS 064543803 - EA EMENT ENCROACHMENTS.DWG TRACT 3 BEGINNING at a point, from which a 5/8-inch iron rod w/ "KHA" cap found for the southeast corner of said Block 9 bears South 66°36'23" West, a distance of 97.30 feet; THENCE South 00'14'11" East, a distance of 26.00 feet to a point for corner; THENCE South 89°45'49" West, a distance of 10.00 feet to a point for corner; THENCE North 00'14'11" West, a distance of 26.00 feet to a point for corner, from which a 3/4-inch iron rod found for a reentrant corner of said Block 9 bears North 26025'08" West, a distance of 100.17 feet; THENCE North 89°45'49" East, a distance of 10.00 feet to the POINT OF BEGINNING and containing 260 square feet or 0.0060 acres of land, more or less. TRACT 4 BEGINNING at a point from which a 5/8-inch iron rod found for the northeast corner of Lot 1, Block 5 of said Kairoi Stockyards Multifamily bears North 17°20'56" West, a distance of 530.00 feet, said iron rod being the in west line of said Block 3; THENCE North 89°47'22" East, a distance of 11.23 feet to a point for corner, from which a 5/8-inch iron rod w/ "KHA" cap found for corner in the north line of said Block 3 bears North 13°43'21" East, a distance of 71.07 feet; THENCE South 45°12'38" East, a distance of 5.33 feet to a point for corner; THENCE South 00'14'11" East, a distance of 14.15 feet to a point for corner; THENCE North 45'12'38" West, a distance of 11.20 feet to a point for corner; THENCE South 89047'22" West, a distance of 7.08 feet to a point for corner; THENCE North 00'14'11" West, a distance of 10.00 feet to the POINT OF BEGINNING and containing 174 square feet or 0.0040 acres of land, more or less. TRACT 5 COMMENCING at the southeast corner of the above described Tract 4; THENCE South 00°14'10" East, a distance of 53.49 feet to the POINT OF BEGINNING; THENCE South 00'14'10" East, a distance of 10.00 feet to a point for corner; THENCE South 89°45'50" West, a distance of 15.00 feet to a EASEMENT ENCROACHMENTS PART OF BLOCKS 3 4 8 AND 9 point for corner; > KAIROI STOCKYARDS MULTIFAMILY THENCE North 00°14'10" West, a distance of 10.00 feet to a EDMUND LITTLE SURVEY, point for corner; ABSTRACT NO. 954, THENCE North 89°45'50" East, a distance of 15.00 feet to the ISAAC THOMAS SURVEY, POINT OF BEGINNING and containing 150 square feet or ABSTRACT NO. 1526, 0.0034 acres of land, more or less. CITY OF FORT WORTH, TARRANT COUNTY. TEXAS Kimlev)))Horn801Cherry Street, Unit 11, #1300Te.7)6511 Fort Worth, Texas 76102 FIRM # 10194040 www.kimley-horn.com Scale I Drawn by Checked by Date Proiect No. I\ Sheet No - N/A GRW Date MICHAEL 11/10/2023 11:07 AM \\KIMLEY-HORN\TX_FTW\FTW_SURVEY\064543II03-KAIROI STOCKYARD MF\DWG\EJROACHMEJ EASEMENTSI0645438033 EASEMENT ENCROACHMENTS.DWG TRACT 6 BEGINNING at a point, from which a 5/8-inch iron rod w/ "KHA" cap found for the southeast corner of said Block 4 bears South 15°50'59" East, a distance of 200.46 feet; THENCE South 89045'49" West, a distance of 10.00 feet to a point for corner; THENCE North 00°14'11" West, a distance of 15.00 feet to a point for corner; THENCE North 89°45'49" East, a distance of 10.00 feet to a point for corner, from which a 5/8-inch iron rod w/ "KHA" cap found for the northeast corner of said Block 4 bears South 68034'20" East, a distance of 58.24 feet, said iron rod also being the southeast corner of said Lot 3; THENCE South 00'14'11" East, a distance of 15.00 feet to the POINT OF BEGINNING and containing 150 square feet or 0.0034 acres of land, more or less. TRACT 7 BEGINNING at a point, from which a 5/8-inch iron rod w/ "KHA" cap found for the said southeast corner of Block 4 bears South 77°10'00" East, a distance of 180.57 feet; THENCE South 44°45'49" West, a distance of 21.21 feet to a point for corner, from which an "X" cut found for a reentrant corner in the south line of said Block 4 bears South 59°03'28" West, a distance of 49.62 feet; THENCE South 89°45'49" West, a distance of 14.14 feet to a point for corner; THENCE North 44°45'49" East, a distance of 21.21 feet to a point for corner; THENCE North 89°45'49" East, a distance of 14.14 feet to the POINT OF BEGINNING and containing 212 square feet or 0.0049 acres of land, more or less. NOTES: 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 and 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 described. EASEMENT ENCROACHMENTS PART OF BLOCKS 3, 4, 8, AND 9 KAIROI STOCKYARDS MULTIFAMILY EDMUND LITTLE SURVEY, ABSTRACT NO. 954, • �� of T ?•••�GISTEj ISAAC THOMAS SURVEY, �• ABSTRACT NO. 1526, MICHAEL C. BILLINGSLEY •� *� • •':* CITY OF FORT WORTH, REGISTERED PROFESSIONAL LAND SURVEYOR NO, 6558 •••:•••••••••••••••••••••••:••• MICHAEL CLEO BILLINGSLEY TARRANT COUNTY, TEXAS 801 CHERRY STREET, `• ••••• • •••••••••••••• 6558 Kimlev*Horn UNIT 11 SUITE 1300 • A�,o P \ :'� FORT WORTH, TEXAS 76102 q`E S S\)•. y o 801 Cherry Street, Unit 11, # 1300 it Tel. No. (817) 335-6511 Fort Worth, Texas 76102 FIRM # 10194040 www.kimley-horn.com PH. 817-335-6511 S U R v Scale, Drawn by Checked by DateProject No. Sheet No. michael.billingsley@.kimle-horn.com BILLINGSLEY, N/A GRW MCB 111/1012023 064543803 3OF7 MICHAEL 1111 /2023 11:07 M \\KIMLEY-HORN\TX_FTW\FTW_ SURVEY\064543803-KAIROI STOCKYARDS MF\DWG\EN ROACHMENT EASEMENTS 064543803 - EASEMENT ENCROACHMENTS.DWG LEGEND P.O.B. = POINT OF BEGINNING IRFC = 5/8" IRON ROD W/ "KHA" CAP SET IRF = IRON ROD FOUND 1I ` 3.380 ACRE TRACT 3/4" IRF NORTH EXHIBITS BUILDING PARTNERSHIP 1 (VOL. 12542, PG. 1527)-N36°04'25"W 0 20 40 121.23' P.O.B. __\ 1/2" IRF (TRACT 2) �tisso N6°25'57"E--__. 34.44' L11-4 �i \ TRACT 1— L 0.0078 ACRES — JjL J 342 SQ. FT.,,� EL2 LINE TABLE NO. BEARING LENGTH L1 N00°2227W L2 S89"45'49"W L3 N00°14'11"W L4 N89°45'49"E L5 S00°14'11"E L6 S44°45'49"W L7 N89"45'49"E L8 S00°1411"E L9 S89°45'49"W L10 S44'45'49"W 22.51' } 9.01, u 15.00' 15.00' I C_JCO M 31.57' I U�- Cq 8.39' I 00 4.57' Y OZ 10.00' O ►- 0.43' U) z v 20.61' �_ Q I I L11 N00°14'11"W 14.14' I `L L12 N44°45'49"E 14.75' NOTES: 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 rR� SCALE N22°22'19'W F�-18.58' TRACT 2 L7 0.0046 ACRES 202 SQ. F.T. LOT 1, BLOCK 9 KAIROI STOCKYARDS L9 — MtftTllt _ _�INST. NO. 223193681) _ LrI -y — — - I \FIRSC - ---- — d— _ VARIABLE WIDTH DRAINAGE EASEMENT (INST. NO. D223193681) P.O.B. (TRACT 1) I U YQ>-rn U i -J I 0 CM4 m00u Q I! `- U) 0 ( OI--Dz I o�co I z this survey plat. EASEMENT ENCROACHMENTS PART OF BLOCKS 3, 4, 8, AND 9 The undersigned, Registered Professional Land Surveyor, hereby KAIROI STOCKYARDS MULTIFAMILY certifies that this survey plat accurately sets out the metes and EDMUND LITTLE SURVEY, bounds of the encroachment tracts described. ABSTRACT NO. 954, �E OF ISAAC THOMAS SURVEY, ?• (,ISTEI Vic., j�, ABSTRACT NO. 1526, MICHAEL C. BILLINGSLEY *; '�;�c CITY OF FORT WORTH, REGISTERED PROFESSIONAL ••• •••••••••••••••••••••••.• TARRANT COUNTY, TEXAS LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY 801 CHERRY STREET, l ••••• UNIT 11 SUITE 1300 0�0 6558 �� Kimlev*Horn • P. 9 ' F E S S�� •• 801 Cherry Street, Unit 11, # 0 Tel. No. (817) 335-6511 FORT WORTH, TEXAS 76102 tio'••S•U.R v �� i30Fort Worth, Texas 76102 FIRM # 10194040 ww .kimley-hom.com PH. 817-335-6511 Scale Dratvn b I Checked by Date Proiect No. Sheet No. michael.billingtsley@kimley-horn.com 1"=40' GRW ! MCB 111/10/2023 064543803 40F7 BILLINGSLEY, MICHAEL 11/10/2023 11:07 AM \\KIMLEY-HORN\TX_FTW\FTW_SURVEY\064543803-KAIROI kOCKYARD MF\DWG\ENICROACHMENT EASEMENTS 064543803 -'EASEMENT ENCROACHMENTS.DWG IRSC IRSC KDP STOCKYARDS LLC h- -IRSJ -IRFC (INST. NO. D222200433) rII IF LOT 1, BLOCK 9 \\ KAIROI STOCKYARDS \ MULTIFAMILY \ (INST. NO. D223193681) \� P.O.Bj I \ (TRACT 3) _ VARIABLE WIDTH DRAINAGE EASEMENT \ (INST. NO, D223193681) \ I� L16C - � � - - - --- — — L14 — \ \ SC _ VARIABLE WIDTH WATER EASEMENT TRACT 3 (INST. NO. D223193681) 0.0060 ACRES 260 SQ. FT. LINE TABLE � LOT 1, BLOCK 7 NO. BEARING LENGTH KAIROI STOCKYARDS MULTIFAMILY L13 S00°14'11"E 26.00' (INST. NO. D223193681) L14 S89°45'49"W I 10.00' KDP STOCKYARDS LLC (INST. NO. D222200433) IRSC L15 N00°14'11"W I 26.00' IRSC--_ - - L16 N89°45'49"E 10.00' LEGEND NORTH 0 20 40 GRAPHIC SCALE IN FEET J LaL � 00 Y M U 0 _Q F- U z OJ Or U) z O ., Q Y P.O.B. = POINT OF BEGINNING EASEMENT ENCROACHMENTS IRFC = 5/8" IRON ROD W/ "KHA" CAP SET IRF = IRON ROD FOUND PART OF BLOCKS 3, 4, 8, AND 9 KAIROI STOCKYARDS MULTIFAMILY EDMUND LITTLE SURVEY, ABSTRACT NO. 954, ISAAC THOMAS SURVEY, ABSTRACT NO. 1526, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS Kim 1gr)) Horn801t1.76511 Fort Worth, Texas 76102 FIRM # 10194040 www.kimley-hom.com ` Sr_le Drawn by Checked by Date I{1 Project No. Sheet No. �ILLINGSLEY, MICHAEL 11/10/2023 11:07 AM \\KIMLEY-HORN\TX_FTW\FTW_SURVEY\064543803-KAIROI STOCKYARDS MF\DWG\EN�ROACHMENJ EASEMENTS\06454 8033 EASEMENT ENCROACHMENTS.DWG 1 1 1 J LOT 1, BLOCK 2 IRSC� KAIROI STOCKYARDS MULTIFAMILY (INST. NO. D223193681) KDP STOCKYARDS LLC (INST. NO. D222200433) 1 P.O.B. _ (TRACT 4) Ah, NORTH ° 20 40 GRAPHIC SCALE IN FEET LOT 1, BLOCK 3 KAIROI STOCKYARDS MULTIFAMILY (INST. NO. D223193681) % rL18 S27°23'05"V N 'TRACT 4 28.08 0.0040 ACRES J IRsc� IRsc 2 ( 174 SQ. FT. LL20 P.O.C. LINE TABLE (TRACT 5) W NO. BEARING LENGTH P.O.B. a 1 L17 N89°47'22"E 11.23' (TRACT 5) L18 S45°12'38"E 5.33' L26 L19 S00°14'11"E 14.15' N L20 N45°12'38"W 11.20' I L24 TRACT 5 cj L21 S89°47'22"W 7.08' I 0.0034 ACRES L22 N00°14'11"W 10.00' ( I I 15U SQ. FT. L23 S00°14'10"E 10.00, p ( L24 S89°45'50"W 15,00' Z 1- L25 N00°14'10"W 10.00, I —I VARIABLE WIDTH WATER EASEMENT U) (INST. NO. D223193681) z L26 N89°45'50"E 15.00' _J LEGEND P.O.B. = POINT OF BEGINNING EASEMENT ENCROACHMENTS P.O.C. = POINT OF COMMENCING PART OF BLOCKS 3, 4, 8, AND 9 IRFC = 5/8" IRON ROD W1 "KHA" CAP SET IRF = IRON ROD FOUND KAIROI STOCKYARDS MULTIFAMILY EDMUND LITTLE SURVEY, ABSTRACT NO. 954, ISAAC THOMAS SURVEY, ABSTRACT NO. 1526, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS Kim I eft, >>) Horn 801 Cherry Street, Unit 11, # 1300Tel- No. (817) 335-6511 Fort Worth, Texas 76102 FIRM # 10194040 www.kimley-hom.com Date P-iect No- 1S_4e0 I Drawn by I CheckedMCB by ( 11/10/2023 I 064543803 ( Sheet 6 OF 70 BILLINGSLEY, MICHAEL 11/1012023 11:07 AM \\KIMLEY-HORN\TX_FTW\FTW_SURVEY\064543803-KAIROI STOCKYARDS MF\DWG\EI4CROACHMENT EASEMENTSW4543803 - EASEMENT ENCROACH M ENTS.DWG VARIABLE WIDTH WATER EASEMENT TRACT 6 (INST. NO. D223193681) _ LOT 1 BLOCK 3 _ _ L29 0.0034 ACRES - --- -- -- —150 SQ. FT. KAIROI STOCKYARDS MULTIFAMILY 00 o \ NORTH `— — (INST. NO. D22j3193681) -i e 3 IRSC L27 0 20 40 LINE TABLE KDP STOCKYARDS LLC Fi. . B . (INST. NO. D222200433) \ ( GRAPHIC SCALE IN FEET NO, BEARING LENGTH �\ L (TRACT 6) } z IL27 S89°4549"W 10.00' \ L28 N00'14'11"W 15.00' J L29 N89°45'49"E I 10.00, Q O ^ L30 S00°14'11"E 15.00' � 00 \` U � N D � a�� L31 S44°45'49'W 21.21' `S rn +- CO M I L32 S89°45'49"W 14.14' OJ N U -1 L33 N44°45'49"E I 21.21' \o cq z I°45( ~Z �c9I =L34 N89'"' O z \o O TRACT 7-- o 0.0049 ACRES P.O.B. ° 212 SQ. FT, (TRACT 7) \\ o LL L34 =180 5", IRSC TRACT 3 XF TRACT 3 IRFC FORT WORTH HERITAGE FORT WORTH HERITAGE DEVELOPMENT, LLC DEVELOPMENT, LLC (INST. NO. D215200243) (INST. NO. D215200243) LEGEND P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT EASEMENT ENCROACHMENTS IRFC = 5/8" 1RON ROD W/ "KHA" CAP FOUND PART OF BLOCKS 3, 4, 8, AND 9 XF = "X" CUT FOUND KAIROI STOCKYARDS MULTIFAMILY EDMUND LITTLE SURVEY, ABSTRACT NO. 954, ISAAC THOMAS SURVEY, ABSTRACT NO. 1526, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS Kimley* Horn 801 Cherry Street, Unit 11, 4 130Tel. No. (817) 335-6511 Fort Worth, Texas 76102 FIRM # 10194040 www.kimley-hom.com Sc__le I Drawn by Checked by I Date Proiect No. Sheet No. 1" = 40' GRW MCB 11/10/2023 064543803 1 7 OF 7 BILLINGSLEY, MICHAEL 11/10/2023 11:07 AM \\KIMLEY-HORN\TX_FTW\FTW_SURVE"064543803-KAIROI STOCKYARDS MF\DWG\EN ROACHMENT EASEMENTS! ASEMENTS 064543803 - EASEMENT ENCROACHMENTS.DWG a a 7 s i— I 1 I i I 1 I —FXCkiANGEJ?.VE y vuorni[ wnTM wcr rtOwv�rl � I � I m T TTT— —TT- �— i ,�• I i II I I I LEGEND ENCROACHMENT OF PUBLIC WATER LINE ENCROACHMENT OF PUBLIC STORMWATER LINE L _ _ _ _I NOTE: 1. TRACT 1 ENCROACHMENT IS LOCATED WITHIN LOT 1, BLOCK 8, WHICH IS ASSOCITATED WITH BUILDING PERMIT NO. PB22-199866. 2. TRACT 7 ENCROACHMENT IS LOCATED WITHIN LOT 1, BLOCK 4, WHICH IS ASSOCITATED WITH BUILDING PERMIT NO. PB23-11359. 3. ALL OTHER ENCROACHMENTS ARE LOCATED ON LOTS WITHOUT PROPOSED BUILDINGS. � N zz. �a O LL. LL g 8 o CAUTION Q Y Z W J W H Q = m Hhowwhat's below. W Q 2 Call bo(omyou dig. 0 0 W W aw. '�� —.ems..— SMEEf NUAmFA 3.380 ACRE TRACT EXHIBITS BUILDING PARTNERSHIP (VOL. 12542, PG. 1527) PRIVATE WATER_ --- ENCROACHMENT----- TRACT -' w — q-1 I' 7Ta � I PROPOSED LOT 1, rz i; 11 v f I ' I_! I � P I O OS ED LOjf 1, In CI' 9 1. 7 9 3 6 A R I FS PROPOSED 36" V0 0 S "T. -? STORMMJ LINE GRAPHIC SCALE IN FEET 0 20 40 80 PRIVATE STORM ENCROACHMENT TRACT 1 _=PRIVATE WATER --------------------------- NCROACHMENT _ TRACT 1 - -- 4 p VARIABATH_j DRAINAGE E""r" G air / G 3Es II n` PROPOSED LOT 1, B 0.5257 ACRE 22,898 SQ. FT. KAI RO I STOCKYARDS MULTIFAMILY �r KimlepMorn 801 Cherry Street. Unit 11 CITY PROJECT NO. 104233 OWNER/DEVELOPER: Suite1300 m w Fon Worth, TX 76102 617.335.6511 Zy IPRC: 22-0129 KAIROI PROPERTIES, LLC State of Texas Regisnlon No. F-928 FORT WORTH, TEXAS 711 NAVARRO ST, SUITE 400 a o AUGUST 2023 SAN ANTONIO, TX 78205 BUILDING PERMIT NO. PB22-19866 PRIVATE STORM ENCROACHMENT TRACT 2 — — — — — — — — — — — — U o f, rL 77. PROPOSED 8" WATER LINE GRAPHIC SCALE IN FEET 0 20 40 80 1 1 1 1 At 11 --L — — ------ „r—�I`T—� — 2 --G G EASEMENT-, ... U I 1 lrr Si- � I -- 1 � PROPOSED LOT 1, BLOCK 7 fiml___-J, 0.5257 ACRES 22,898 SQ. FT. KAI RO I STOCKYARDS MULTIFAMILY CITY PROJECT NO. 104190 OWNER/DEVELOPER: m IPRC: 22-0106 KAIROI PROPERTIES, LLC °og FORT WORTH, TEXAS 711 NAVARRO ST, SUITE 400 a AUGUST 2023 SAN ANTONIO, TX 78205 BUILDING PERMIT NO. N/A Kimlep Horn 801 Cherry Street, Unit 11 Suite 1300 Fort Worth, TX 76102 817-335-6511 State ofTexas Reg'a�stratio��No. �F�2�Me L 1 FT 1NDD,� I � o �J PROPOSED 8" I� o m Lu LL WATER LINE T 0Q� � II 1— N O O� o �- o/-// I III -- 'Y J ol L�_m LL1 L~L s��UCJ 1 15 WATER o o ' EASEMENT ' W�C� ,r �I i I I I I I I I I PRIVATE ST ENCROACHI TRACT 4 PRIVATE STORM —�--��I ENCROACHMENT TRACT 5 I I PROPOSED LOT 1,BL 2.0651 ACRES 89,954 SQ. FT. KAI RO I STOCKYARDS MULTIFAMILY GRAPHIC SCALE IN FEET 0 20 40 80 Kimleyl Horn CITY PROJECT NO. 104190 OWNER/DEVELOPER: site i3 o street unittt o<< Fort Worth, SIPRC: 22-0106 KAIROI PROPERTIES, LLC ste eRo.F928 �N FORT WORTH, TEXAS 711 NAVARRO ST, SUITE 400 °off AUGUST 2023 SAN ANTONIO, TX 78205 BUILDING PERMIT NO. N/A f - �- _ Y O LLI U_ aQc J o � �IqM ,0 O N �110 n I I I PROPOSED LOT 1, BLOCK 3 1 I 2.0651 ACRES 89,954 SQ. FT. I —71 15' WATER,— EASEMENT -\, I� w w --------------- 1J �i`-[ PRIVATE STORM ENCROACHMENT TRACT 6 15' WATER T ' �J EASEMENT KAI RO I STOCKYARDS MULTIFAMILY II I I I 7V, GRAPHIC SCALE IN FEET 0 20 40 80 Kimleyl Horn 801 Cherry Street. Unit 11 CITY PROJECT NO. 104190 OWNER/DEVELOPER: Site 1300 mww IPRC: 22-0106 KAIROI PROPERTIES, LLC Fort Worth. TX 76102 817-3386611 C i Stale of Texas RegisUation No. F-928 FORT WORTH, TEXAS 711 NAVARRO ST, SUITE 400 ° AUGUST 2023 SAN ANTONIO, TX 78205 a BUILDING PERMIT NO. WATER ENCROACHMENT TRACT 1 WATER ENCROACHMENT TRACT 1 II I I li EXISTING EXISTING GRADE GRADE 555 — 1555 555 Ill— i PROPOSED — PROPOSED GRADE I GRADE t 550 — 550 550 PROPOSED PROPOSED SST PUBLIC STORM LINE STORM LINE CP# 104233 CP#104233 _ 545 cl; I 545 545; T--� - RIVATE 2" PRIVATE WATER WATER 540 j- 540 540 DRAINAGE EASEMENT LIMITS I� 535 I 535 535 I I— 0+00 0+60 0+00 0+60 KAI RO I STOCKYARDS MULTIFAMILY 555 550 545 540 DRAINAGE EASEMENT LIMITS 535 Kimley)>)Horn 801 Cherry Street, Unit 11 CITY PROJECT NO. 104233 OWNER/DEVELOPER: Suite1300 mw° IPRC: 22-0129 KAIROI PROPERTIES, LLC Fart Worth, TX76102 817-335-6511 State of Texas RegisUation No. F-928 :H FORT WORTH, TEXAS 711 NAVARRO ST, SUITE 400 °off AUGUST2023 SAN ANTONIO, TX78205 a RI III nimn PPPAA IT Nin PPq�-1 QRC.C. STORM ENCROACHMENT TRACT 2 I -i - WATER EASEMENT 560 LIMITS 560 EXISTING _ GRADE t PROPOSED GRADE I n � WATER O ���l 550 545 540 555 24' PRIVATE i� i RM 550 545 l P�Eb 8" PUBLIC CPP#1041910E 540 STORM ENCROACHMENT TRACT 3 D Ri EAS 565 560 555 18 550 545 —0+50 0+00 0+60 ;w e s� UVl o IS Hs KAI RO I STOCKYARDS MULTIFAMILY CITY PROJECT NO. 104190 OWNER/DEVELOPER: mw IPRC: 22-0106 KAIROI PROPERTIES, LLC FORT WORTH, TEXAS 711 NAVARRO ST, SUITE 400 °off a AUGUST 2023 SAN ANTONIO, TX 78205 RI III nwr. PFRMIT Nn N/A INAGE -MENT LIMITS -; i Hill _ = WATE EASEI LIMIT: I — PROPOSED GR�GRADE � r - I I PRIVATE STORM 111 i t - 0 io O EXISTING GRADE � i �I� -- PROPOSED PROPOSED 8" PUBLIC 36" PUBLIC STORM LINE WATER LINE CP#104190 CP# 104233 t TENT r � r —0+50 0+00 0+80 560 555 545 Kimleyl Horn 801 Cherry Street, Unit 11 Suite 1300 Fort Worth. TX 76102 817-3356511 Mtat otti e�sYRegi�IraO .F 928 STORM ENCROACHMENT TRACT 4 565 WATER = _ EASEMENT LIMITS ,III PROPOSED GRADE EXISTING GRADE �l I 560 �--�- 10" PRIVATE _LANDSCAPE 555 -I1'M 550 545 Til co n 4 d PROPOSED i B IC WATER NE CP#104190 —0+50 0+00 KAIROI ST CITY PROJECT NO. 104190 ova IPRC:22-0106 FORT WORTH, TEXAS a o s AUGUST 2023 RI III nwr; PFRMIT Nn N/A 0+50 4W 560 555 550 9 MR STORM ENCROACHMENT TRACT 5 OCKYARDS MULTIFAMILY OWNER/DEVELOPER: KAIROI PROPERTIES, LLC 711 NAVARRO ST, SUITE 400 SAN ANTONIO, TX 78205 WATER EASEMENT 565 LIMITS _ III _ PROPOSED �GRADE� EXIT 'STING — GRADE 560 12" PRIVATE ool 555 LANDSCAPE+ 7— STORM N CO --- I 550 PROPCSED 8" PUBLIC WATER LINE 545 CP#1041190 —0+50 0+00 0+ 50 565 �6*91i1 555 550 545 Kimleyl Horn 801 Cherry Street, Unit 11 Suite 1300 Fort Worth. TX 76102 817-335-6511 State of Texas Registra8an No. F-928 STORM ENCROACHMENT TRACT 6 WATER EASEMENT LIMITS EXISTING 560 GRADE PROPOSED _ GRADE 555 24" PRIVATE — 550 i STORM _ 41 :# PROPOSED 545 WATERILINE CP#10I4`90 540 III 0+50 1 +00 1 +45 560 :61M 550 545 540 STORM ENCROACHMENT TRACT 7 .H 550 545 540 KAI RO I STOCKYARDS MULTIFAMILY �'— WATER EASEMENT LIMITS G 560 GRADE I I PROPOSED T 1 GRADE �^ II— II 555 _ -' 550 _ 24" F—"rATE STORMI m 545 PROPOSED 8" PUBLIC WATERLINE CP#104190 I 540 13+00 13+75 Kimlep Horn 801 Cherry Street. Unit 11 CITY PROJECT NO. 104190 OWNER/DEVELOPER: Site 1300 IPRC: 22-0106 KAIROI PROPERTIES, LLC Fort Worth, TX 76102 817-335-6511 w < State of Texas RegisUation No. 1-928 a FORT WORTH, TEXAS 711 NAVARRO ST, SUITE 400�a��� AUGUST 2023 SAN ANTONIO, TX 78205 RI In f1INr; PFRMIT mn PR7R-11 AFQ EXHIBIT B Certificate of Insurance Tier II Easement Encroachment Agreement ACTIVE 691798855 Page 13 of 15 Revised 12/2022