HomeMy WebLinkAboutContract 61504Date Received: 6/6/24-------
Time Received: 11:50 a.m.
Record Number: PN23-00185
City Secretary No.: ____ _
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 GS Quarry Falls Phase I Owner,
L.P., a Delaware limited partnership, and GS Quarry Falls Phase II Owner, L.P., a
Delaware limited partnership (Collectively the "Licensee"), acting by and through its
duly authorized signatory.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 4800 Old
Decatur Road, Fort Worth, Texas 7676179 ("Property"), being more particular described
as, a tract of land situated in the J.T. Hobbs Survey, Abstract No. 806, the R Musselman
Survey, Abstract No. 1102, and the A.F. Albright Survey, Abstract No. 1849 as recorded
in Deed Records, by Instrument Numbers D223173924 and D223173925, in Tarrant
County, Texas, and;
WHEREAS, the City owns a water sewer and storm drainage easement (the
"Public Property") adjacent to the Property, recorded in the plat records of Tarrant
County as plat number FS-23-239; 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,
Tier II Easement Encroachment Agreement Page 1 of 11
Revised 12/2022
61504
installing, and maintaining a private stormwater lines and sanitary sewer lines (the
"EncroachmenY'). 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 "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.
�
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).
i�
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 Encroachtnent 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 constiuct, 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.
Tier II Easement Encroacl�ment Agreement Page 5 of 1 1
Revised 12/2022
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: Dalton Ha,!J,iun 6, 2024 09:42 CDT) D.J. Harrell, Director of theDevelopment Services DepartmentDate: Jun 6, 2024 ------------ATTEST: Jannette Goodall City Secretary Date: Jun 6, 2024 -------------Approved As To Fotm and Legality Jeremy Anato Mensah Assistant City Attorney Date: Jun 3, 2024 -------------
Tier II Easement Encroachment Agreement Licensee: GS Quarry Falls Phase I Owner, L.P. a Delaware limited Partnership By:�7/-L--Name:�lin Title: Vice President Licensee GS Quarry Falls Phase II Owner, L.P. a Delaware limited partnership By: �;:ll;--Name: JR Thulin Title: Vice President Date: _5/_3____,__/ /_2-f-4--------
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.
4.fwca: puyu oWM: Rebecca Diane Owen (Jun 3, 202416:16 CDT)
Rebecca Owen
Development Services
Date: ______ J_u_n_3_,_2_0_2_4 ________ _
Page 7 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
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 LJNDER MY HAND AND SEAL OF OFFICE this 6th day of
June � 20 24
�UG�1?D%1 �G�Gt�GiJGG�G�
Wendy Beards ee Uun 6, 202411:07 CDT)
Notary Public in and for the State of Texas
After recording return to:
Development Services Department
Development Coordination Ofiice
200 Texas Street
Fort Worth, Texas 76102
Tier II Easement Encroachment Agreement Page 8 of 11
Revised 12/2022
STATE OF � ��J
§
COUNTY OF •�" Y ' 1 §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
`�J�� , on this day personally appeared JR Thulin, Vice President 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 GS Quarry Falls Phase I Owner, LP, a Delaware
limited partnership, and in the capacity therein stated.
GIVEN iJNDER MY HAND AND SEAL OF OFFICE this �� day of
i�-� , 20 �"l .
/ /,� �_.
� � _
Notary Public in and for the
State of �I�Q-,
STATE OF �����
COUNTY OF --j'j 1��- '
,,,����,,,,
;=o��"-''=�e��^ LESLIE LARSON
_* �: MY COMMISSION EXPIRES
',?� �_���r',: OCiOBER 5, 2026
�''!�0��`�� N4TARY ID: 131750050
�
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
��� , on this day personally appeared JR Thulin, Vice President 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 GS Quarry Falls Phase II Owner, LP, a Delaware
limited partnership, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this �(
,20� .
� ��
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Notary Public in a d for the
State of ���
Tier II Easement Encroachment Agreement
:=o,��������'' LESLIE LARSON
�,ar n�e` �
_�,� �*= MY COMMISSION EXPIRES
="�`. :a; OC70BER 5 2026
�H���°"`�``�� N4TARY ID:131750080
day of
Page 9 of 11
Revised 12/2022
EXHIBIT A
Depiction and description of the Encroachment
Tier II Easement Encroachment Agree►nent Page l0 of I 1
Revised 12/2022
EXHIBIT "A"
VICINITY MAP
PART OF LOT 1, BLOCK 1, QUARRY FALLS ADDITIDN
TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
SITUATED IN THE A.F. ALBRIGHT SURVEY, ABSTRACT No. 1849,
R. MUSSELMAN SURVEY, ABSTRACT No. 1102,
J. T. HOBBS SURVEY, ABSTRACT No. 806
and J. BOMAN SURVEY, ABSTRACT No. 80
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DATE: 5J2J2024_ SCALE: ___ Nl_A ___ DRAWN BY: __�S _ CHECKED BY:_ AET _ JOB. NO.: 3632 =oo_ ol_ PAGE 1 OF 14
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0 VERALL EASEMENT ENCROACHMENT E�YIBIT A
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ENCROACHMENT #1
WATER EASEMENT ENCROACHMENT
BEING a tract of land situated in the A. F. Albright Survey, Abstract No. 1849 and the R. Musselman Survey,
Abstract No. 1102, Tarrant County, Texas, being a portion of Unit 1, GS Quarry Falls Condominium
described in the Special Warranty Deed to GS Quarry Falls Phase I Owner, L.P., as recorded in Instrument
No. D223223375, Official Public Records, Tarrant County, Texas (OPRTCT), and being more particularly
described by metes and bounds as follows:
COMMENCING at a 5/8" iron rod found (Grid: N:6,987,955.09, E:2,312,658.07) for an angle point in the
west line of Unit 2, GS Quarry Falls Condominium described in the Special Warranty Deed to GS Quarry
Falls Phase II Owner, L.P., as recorded in Instrument No. D223223375, OPRTCT and in the east right-of-way
line of Old Decatur Road, a variable width right-of-way;
THENCE South 76°32'14" East, over and across said Unit 2 and said Unit 1, a distance of 128.75 feet to the
POINT OF BEGINNING;
THENCE continuing over and across said Unit 1, the following courses and distances:
North 81°14'06" East, a distance of 3.84 feet to a point for corner;
South 08°45'S4" East, a distance of 20.00 feet to a point for corner;
South 81°14'06" West, a distance of 3.84 feet to a point for corner;
North 08°45'S4" West, a distance of 20.00 feet to the POINT OF BEGINNING and
containing 77 Square Feet or 0.0018 of an Acre of Land, more or less.
A survey plot of even date accompanies this metes and bounds description.
May 21, 2024 3 of 14
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� %� N: 6, 987, 955.09
� E 2,312,658.07
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ENCROACHMENT #1
WATER EASEMENT ENCROACHMENT
LEGEND fABBREVIA TIONS
EASEMENT L/NE --- IRF IRON ROD FOUND
PROPfRTY LINE �� POC POINT OF COMMENC/NG
DEED LINE
ENCROACHMENT
LOCAAON
STORM PIPE
s,s.
\`�?' �
�ZB�S�
20' WA TER
ESMT. BY PLAT
LINE TABLE
LINE # LENGTH DIRECT/ON
L 1 3. 84' N 81 '14'06 " E
L2 20.00' S 08'45'S4" E
L3 3.84' S 81 '14'06" W
L4 20.00' N 08'45'S4" W
PRIVAT�
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NOTES•
1. BEAR/NGS AND COORDINATES ARE GRID BASED ON THE "TEXAS CODRDINATE SYSTEM OF
1983, NORTH CENTRAL ZONE" (2011) AS DETERMINED BY GPS OBSERVA110NS. THE
CONVERGENCE ANGLE AT THE POINT OF COMMENCING IS 036'40.1 ". ALL DISTANCES HAVE
BEEN ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1.000150212725.
2. A METES AND BOUNDS DESCR/PTION OF E�EN DATE ACCOMPAN/ES THIS SURVEY PLOT.
�
LON WNITTEN, RPLS No. 5893
DATE.• MAY 21, 2024
UNI T i
— GS QUARRY FALLS
� --- — — CONDOMINIUM —
GS QUARRY FALLS
�` `-' PHASE 1 OWNER, L. P. �
� 2 CC# D223223374 -,
� 6" F'.. OPRTCT � F�
�,.�F. T�.�
),`P� ���F,�•.-f-
c';' Q-�` `�o'.9in
.................
LON E. WHITTEN
.................
� :�0 5893 �Q:�
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����SUR���
DATE: 5f2�2o24_ SCALE: _�"_=_?��_ DRAWN BY: __�S _ CHECKED BY:_ AET _ JOB. NO.: 3632 _oo= Ot_
• • • • • • POB POINT OF BEG/NN/NG
� OPRTCT OFF/C/AL PUBL/C RECORDS,
� TARRANT COUNTY, TEXAS
CC�y COUNTY CLERKS
INS7RUMENT NUMBER
UNI T 2
GS QUARRY FALLS
CONDOMINIUM
GS QUARRY FALLS
PHASE ll OWNER, L.P
CC# D223223375
OPRTCT
\
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DEED LINE �
---- --------POB. ,
— — -- — — — -- NADB3 GRID—
N: 6.987, 925.12
E 2,312,783.27
• 16"W 16"W
16" PUBLIC WATER
ENCROACHMENT
77 SQUARE FEET
OR 0.0018 ACRE
-_—_—_--� _
J I I � 16"
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—
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PAGE 4 OF 14
ENCROACHMENT #2
WATER EASEMENT ENCROACHMENT
BEING a tract of land situated in the A. F. Albright Survey, Abstract No. 1849 and the R. Musselman Survey,
Abstract No. 1102, Tarrant County, Texas, being a portion of Unit 1, GS Quarry Falls Condominium
described in the Special Warranty Deed to GS Quarry Falls Phase I Owner, L.P., as recorded in Instrument
No. D223223374, Official Public Records, Tarrant County, Texas (OPRTCT), and being more particularly
described by metes and bounds as follows:
COMMENCING at a 5/8" iron rod found (Grid: N:6,987,955.09, E:2,312,658.07) for an angle point in the
west line of Unit 2, GS Quarry Falls Condominium described in the Special Warranty Deed to GS Quarry
Falls Phase II Owner, L.P., as recorded in Instrument No. D223223375, OPRTCT and in the east right-of-way
line of Old Decatur Road, a variable width right-of-way;
THENCE South 81°20'04" East, over and across said Unit 2 and said Unit 1, a distance of 162.60 feet to the
POINT OF BEGINNING;
THENCE continuing over and across said Unit 1, the following courses and distances:
North 81°14'06" East, a distance of 2.67 feet to a point for corner;
South 10°12'15" East, a distance of 20.01 feet to a point for corner;
South 81°14'06" West, a distance of 2.67 feet to a point for corner;
North 10°12'15" West, a distance of 20.01 feet to the POINT OF BEGINNING and
containing 53 Square Feet or 0.0012 of an Acre of Land, more or less.
A survey plot of even date accompanies this metes and bounds description.
May 21, 2024 6 of 14
P:\3632-00-01\500 Land Surveying\506 Easements\Encroachment exhibits working dwg\DESCRIPTION #2
ENCROACHMENT #2
WATER EASEMENT ENCROACHMENT
'` �I
I\ I '"°�I
A � I�' f �
� �., � � �,, . �
I �
�+ � POC
I �y 5/8" IRF
��� NAD83 (GRID)
� �"� � �`� � N:6.987,955.09
�--
� E 2,312,658.07
� � '��' �'� �� �:: �
/ � �, � `
� � PROPOSED �� �
A 15' R. 0. W. �
� DEDI�� CATION..
I ' � �
I;
� O � � �I �
I � I �
LINE T,4BLE
LINE # LENGTH DIRECTION
L5 2.67' N 81 '14'06" E
L6 20.01 � S 10'12'15" E
L7 2.67' S 81'14'06" W
L8 20.01' N 10'12'15" W
CCij' COUNTY CLERKS
INSTRUMENT NUMBER
UNI T 2
GS QUARRY FALLS
CONDOM/NIUM
GS QUARRY FALLS
PHASE ll OWNER, L.P.
CC# D223223375
OPRTCT
EASEMENT �
ENCROACHMENT
53 SQUARE FEET
- OR D.0012 ACRE
— — --- — — �
�
o ��-.� UNI T 1
GS QUARRY FALLS
CONDOMINIUM
GS QUARRY FALLS
PHASE 1 OWNER, L.P.
� CC# D223223374
. �� I�
II ��T\ I
NOTES:
1. BEAR/NGS AND COORDINATES ARE GRID BASED ON THE "TEXAS COORDINATE SYSTEM OF
1983, NORTH CENTRAL ZONE" (2011) AS DETERMINED BY GPS OBSERVATIONS. THE
CONVERGENCE ANGLE AT THE POINT OF COMMENCING IS 0:36'40.1 ". ALL DISTANCES HAVE
BEEN ADJUSTED TO SURFACE USING A COMB/NED SCALE FACTOR OF 1.000150212725.
2. A METES AND BOUNDS DESCR/PTION OF E�EN DATE ACCOMPAN/ES THIS SUR�EY PLOT.
� ,
i �
LON WH/TTEN, RPLS No. 5893
DATE.• MAY 21, 2024
� . , Q F, T�.�
)�Q- ��G ��S T�F,�� 9
c'>.' `2- ��( o . �n
.................
LON E. WHITTEN
� ��.5893•�Q:Q-
`��•Sll\��
R �
DATE: 5f2tJ_2o24 SCALE: _�"_= ?o�_ DRAWN BY: __�S _ CHECKED BY:_ AET _ JOB. NO.: 3s32 =oo= ol
�� ����-�.��--�-- — --_ _ --��..:��-.r,� ---�_-�..��=.
-�16'" PUBLIC WATER
I , � .
—20 WATER
� ESMT.
BY PLAT
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SS I
�
�
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�
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/ i'/ I '%
-
-
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tbpels regislration number: f— 2759
tbpels registraiion/license number: 10088000
519 east border
a r I i n g t o n, i e x a s 7 6 0 1 0
817-469-1671
i a x: 8 1 7— 2 7 4— 8 7 5 7
www.mmaiexas.com
PAGE 7 OF 14
LEGEND/ABBREVIATIONS
EAS£MENT LINE — — lRF IRON ROD FOUND
PROPERTY L/NE ��� POC POINT OF COMMENCING
DEED LINE � ••••• • POB POINT OF BEG/NNING
ENCROACHMENT =- OPRTCT OFFICIAL PUBLIC RECORDS,
LOCAAON '-r�- TARRANT COUNTY, TEXAS
STORM PIPE
\ � ?o o¢�
162 6,� f
�
DEED LINE �
------ -----=POB— -
— — — NAD83 GR D —
N: 6, 987, 930.60
— E2,312,818.79—� �
16" W 16" �
L5
ENCROACHMENT #3
WATER EASEMENT ENCROACHMENT
BEING a tract of land situated in the A. F. Albright Survey, Abstract No. 1849, Tarrant County, Texas, being
a portion of Unit 2, GS quarry Falls Condominium described in the Special Warranty Deed to GS Quarry
Falls Phase II Owner, L.P., as recorded in Instrument No. D223223375, Official Public Records, Tarrant
County, Texas (OPRTCT), and a portion of Unit 1, GS Quarry Falls Condominium described in the Special
Warranty Deed to GS Quarry Falls Phase I Owner, L.P., as recorded in Instrument No. D223223374,
OPRTCT, and being more particularly described by metes and bounds as follows:
COMMENCING at a 5/8" iron rod found (Grid: N:6,987,955.09, E:2,312,658.07) for an angle point in the
west line of said Unit 2 and in the east right-of-way line of Old Decatur Road, a variable width right-of-way;
THENCE North 80°06'S1" East, over and across said Unit 2, a distance of 654.31 feet to the POINT OF
BEGINNING;
THENCE continuing over and across said Unit 2 and said Unit 1, the following courses and distances:
North 78°44'12" East, a distance of 2.84 feet to a point for corner;
South 27°21'33" East, a distance of 20.82 feet to a point for corner;
South 78°44'12" West, a distance of 2.84 feet to a point for corner;
North 27°21'33" West, a distance of 20.82 feet to the POINT OF BEGINNING and
containing 57 Square Feet or 0.0013 of an Acre of Land, more or less.
A survey plot of even date accompanies this metes and bounds description.
May 21, 2024 9 of 14
P:\3632-00-01\500 Land Surveying\506 Easements\Encroachment exhibits working dwg\DESCRIPTION N3
ENCROACHMENT #3
WATER EASEMENT ENCROACHMENT
L EGEND, /ABBRE VIA TIONS
EASEMENT L/NE --- IRF IRON ROD FOUND
PROPERTY L/NE � � �
DEED LINE � • • • • • •
ENCROACHMENT ' �;-: -.
LOCAAON - _ -
STORM P/PE
POC POINT OF COMMENCING
POB POINT OF BEG/NNING
OPRTCT OFFlCIAL PUBLIC RECORDS,
TARRANT COUNTY, 7EXAS
CC� COUNTY CLERK'S
INSTRUMENT NUMBER
� � �
I� ' �. I
i � , uwr z
GS QUARRY FALLS
� � I � ` I� CONDOMINIUM
� A - GS QUARRY FALLS
�� p� � I .�� `�� � PHASE ll OWNER, L. P. Poe
f� , p p� CC# D223223375 N: s sss osiR�ai
''. 5/8" IRF OPRTCT E 2,313,302.57
J � NAD83 (GRID) � L 9
L11-
_ N: 6, 987, 955.09 _. — — — —
h E: 2.312.658.07 N80' 06' 51 "E_ — — — — — — — —
� — — — — 654.31 � � - - -
� -
. _.�, � -- ._ .
' _ , ' _' -
V INE_ � %� j � • _•_ - �-�-- - -
D �--
� PROPOSED ,' �E�� �' N � �„ � � 11
� 15' R. 0. W. � � \
'. q � oEl i� , c,a�, 20' WA TER _
� �6� W
� �j � I ESMT. �
' I �/ BY PLAT _ -
� � �
- 1 �
,
,—
�
�
UNE TABLE �
LINE # LENGTH DIRECTION
L9 2,84' N 78'44'12" E
L10 20.82' S 2721'33" E
L 11 2.84' S 78'44'12" W
L12 20.82' N 2721'33" W
6" PUBLIC WA
�,
�
�,
,.
� �
EASEMENT
ENCROACHMENT
57 SQUARE FEE7
OR 0.0013 ACRE
- - �
PRIVA TE 8" SS
_—_----, -i
_�
UNI T 1
GS QUARRY FALLS
CONDOMINIUM
GS QUARRY FALLS
PHASE 1 OWNER, L. P.
CC�,E D223223374
pPRTCT
\
NOTES.•
1. BEARINGS AND CDORDINATES ARE GRID BASED ON THE "TEXAS COORDINATE SYSTEM OF
1983, NORTH CENTRAL ZONE" (2011) AS DETERMINED BY GPS OBSERVATIONS. THE
CONVERGENCE ANGLE AT THE POINT OF COMMENCING IS 0'36'40.1 ". ALL DISTANCES HAVE
BEEN ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1.000150212725.
Z A METES AND BDUNOS DESCR/PTION OF EVEN DATE ACCOMPAN/ES THIS SUR�EY PLOT.
� �
LON WH/TTEN, RPLS No. 5893
DATE.• MAY 21, 2024
� , ,Q F, T�,�
) P� �SiF •.-i-
� . F,� � �4F, • -9
c'�.' � O .�P
.................
LON E. WHITTEN
.................
� ;�0 5893 �Q:Q-
�;�.o �'e s sR°� � -�°�
S U ��r
DATE: 5f2J2o24_ SCALE: _�"_=_?o�_ DRAWN BY: __�S _ CHECKED BY:_ AET_ JOB. NO.: 3632 _oo= o�_
:��� : .,.,��-- ri�-�-- �,: -..-� ___- -r-�
�
L
«
��
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e
I I I �I
—
—
1 inch = 20 ff.
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civll engineering surveying landecape erchitecture planning
tbpels registration number: f- 2759
tbpels registrotion/license number: 10086000
519 east border
a r I i n g t o n, t e x a s 7 6 0 1 0
817-469-1671
fax: 817-274-8757
w w w. m m o i e x a s. c o m
PAGE 10 OF 14
- <_ - -
� -
f 0' WA TER
ESMT.
I BY PLAT
I �
ENCROACHMENT #4
WATER EASEMENT ENCRDACHMENT
BEING a tract of land situated in the A. F. Albright Survey, Abstract No. 1849, Tarrant County, Texas, being
a portion of Unit 1, GS Quarry Falls Condominium described in the Special Warranty Deed to GS Quarry
Falls Phase I Owner, L.P., as recorded in Instrument No. D223223374, Official Public Records, Tarrant
County, Texas (OPRTCT), and being more particularly described by metes and bounds as follows:
COMMENCING at a 5/8" iron rod found (Grid: N:6,987,955.09, E:2,312,658.07) for an angle point in the
west line of Unit 2, GS Quarry Falls Condominium described in the Special Warranty Deed to GS Quarry
Falls Phase II Owner, L.P., as recorded in Instrument No. D223223375, OPRTCT and in the east right-of-way
line of Old Decatur Road, a variable width right-of-way;
THENCE North 80°55'48" East, over and across said Unit 2 and said Unit 1, a distance of 819.96 feet to the
POINT OF BEGINNING;
THENCE continuing over and across said Unit 1, the following courses and distances:
North 89°59'12" East, a distance of 4.34 feet to a point for corner;
South 00°10'24" East, a distance of 20.00 feet to a point for corner;
South 89°59'12" West, a distance of 4.34 feet to a point for corner;
North 00°10'24" West, a distance of 20.00 feet to the POINT OF BEGINNING and
containing 87 Square Feet or 0.0020 of an Acre of Land, more or less.
A survey plot of even date accompanies this metes and bounds description.
May 21, 2024 12 of 14
P:\3632-00-01\500 Land Surveying\506 Easements\Encroachment exhibits working dwg\DESCRIPTION H4
ENCROACHMENT �4
WATER EASEMENT ENCROACHMENT
LINE TABLE
LINE # LENGTH DIRECTION
L 13 4.34' N 89'S9'12" E
L14 20.00' S 00'10'24" E
L 15 4. 34' S 89 59 �21 " W
L16 20.00' N 00'10'24" W
LEGEND fABBREVIA TIONS
EASEMENT LINE --- IRF IRON ROD FOUND
PROPERTY LINE �� POC POINT OF COMMENCING
DEED LINE � ••••• • POB POINT OF BEG/NN/NG
ENCROACHMENT � OPRTCT OFFICIAL PUBLIC RECORDS,
LOCAAON TARRANT COUNTY, TEXAS
STORM PIPE CC�y COUNTY CLERK'S
INSTRUMENT NUMBER
, � -•=
� �1N�
'� I�� ` , , - '-OEE
�i z _ -
-� � � ��'� <� � ��
O
� � Poc
� � 5/8" IRF
� � NAD83 (GRID) � � � �
=J� � N:6,987,955.09 " � � —
E:2,312,658.07 �';� N80' S5' 48"E
U' " _` 819.96
� PROPOSED 16" �/ —
A 15" R.O.W.
DEDI� .
� q , ','--
V
r
; O !' � � f i
' 20' WA TER ESM T. �
BY PLAT
NAD83 (GRID)
N: 6, 988, 084.33
E: 2, 313, 467.66
�
�
v
�����
. ,•,`•;`„ �
��
\ � UNI T 1
GS QUARRY FALLS
CONDOMINIUM
; GS QUARRY FALLS
� i PHASE 1 OWNER, L. P.
CC# D223223374
OPRTCT
�__�', -
_, • o
' .cn
m
.o
� •�
\ �z�
\ '.
I �
L13 � I
�� �
�
�
J
„ w
L15
NOTES.•
1. BEARINGS AND CODRDINATES ARE GRID BASED ON THE "TEXAS COORDINATE SYSTEM OF
1983, NORTH CENTRAL ZONE" (2011) AS DETERMINED BY GPS OBSERVATIONS. TNE
CONVERGENCE ANGLE AT THE POINT OF COMMENCING IS 0'36'40.1 ". ALL D/STANCES HAVE
BEEN ADJUSTED TO SURFACE USING A COMB/NED SCALE FACTOR OF 1.000150212725.
Z A METES AND BOUNDS DESCR/PTION OF EVEN DATE ACCOMPANIES THIS SURVEY PLOT.
�
LON WHITTEN, RPLS No. 5893
DATE.� MAY 21, 2024
� . , Q F, p�,�
J�P ��� ��? F,�� 9
�: `r ��{ o .�r
.................
LON E. WHITTEN
.................
� :�0 5893 �Q;Q
�9�o'`�f S SR��-��
\0�, S U �
DATE: 5J2J2o24 SCALE: _�"_=_?o'_ DRAWN BY: __�S _ CHECKED BY:_ AET_ �OB. NO.: 3s32 =oo= o�_
:; �-_ -- -_-�---__-- _- -- -
UNI T 2
GS QUARRY FALLS
CONDOMINIUM
GS QUARRY FALLS
PHASE 11 OWNER, L.P.
CC# D223223375
OPRTCT
10' WA TER ESMT.
� (BY PLAT)
16" PUBL/C WATER
�� ��
-
EASEMENT
ENCROACHMENT ' — — _
87 SQUARE FEET — —
�
„
0 10 20 40
1 inch = 20 ft.
_ mma
civll englneering surveying landacape erchitecture plenning
tbpels registration number: i— 2759
tbpels registration/license number: 10088000
519 east border
a r I i n g t o n, i e x o s 7 6 0 1 0
817-469-1671
fax: 817-274-8757
w w w. m m a t e x a s, c o m
PAGE 13 OF 14
745 745
! i �, � ;
� i � I I �� � SCALE
' Q I I � HORZ - 1"= 40'
! m� � � � V E R T - 1"= 4'
, �z� �
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Q� ^W � ;,
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I�, � 740
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EA$EM NT ' '
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EXISTING I GRADE I � I�I � I i Ii
730 i° PiPE r� � I � i �i I I 730
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725 � -__ =!—_�1 725
I'i �
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{ -- ! � 1 ' � TOP' 16'� WLL '
-- j� - -- � '� � 721.'�,95 � �
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ENCROACHMENT #1
UTILITY EASEMENT
ENCROACHMENT PROFILE
DATE: 5f2�2o2a_ SCALE: _�"_=_?o'_ DRAWN BY: __�S _ CHECKED BY:_ AET_ JOB. NO.: 3632 _oo= ol_
mlma
civil engineering aurveying lendscape architecture planning
tbpels registration number: ( — 2759
tbpels registrotion/license number: 10086000
519 east border
a r I i n g t o n, i e x a s 7 6 0 1 0
817-469-1671
fax: 817-274-8757
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PAGE 5 OF 14
745 745
' I I I SCALE
' II I� � HORZ — 1 "=40'
i
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�
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PROPO�IsED , GRADE �� ;
730 � I �'P�P� � � ' 730
�
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'. 20' WA, TER' i � � I ,
EASEMEN T ', I 'i ', I
BY PLAT � ' I i
�� I j� I' I
sr,a �+�o.00 � + I �
TOP �16"; WL—', I I I � �'
725 ' �25.0� �I I i� I 725
I ' 'i,
' ' I ' ' --- '
�i � � I ' �
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SAN/TAIRY SEWFR i il �, - - I
720 I,�, , I, � � �! 720
;, � , �
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i � ;0.6,09 i � I ��I -
715 � � i I i �I �I ��� �i �I �I 715
��oo
DATE: _121 f2o23 SCALE: _�"_=_?o�_ DRAWN BY:
1 +50 2+00
ENCROACHMENT #2
UTILITY EA5EMENT
ENCROACHMENT PROFILE
GS _ CHECKED BY:_ AET _ JOB. NO.: 3632 =oo_ Ol
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civll engineering aurveying landscape arohitecture plenning
tbpels registration number: f— 2759
tbpels regisiration/license number: 10088000
519 east border
o r I i n g i o n, t e x o s 7 6 0 1 0
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f a x: 8 1 7— 2 7 4— 8 7 5 7
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PAGE 8 OF 10
745 745
SCALE
� � � �
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, � �I� I I � VRT- "_
I I�� I � j E 1 4
,, � ' � � II �I
� �� �
740 � !� N� "��. i � 740
' '� I
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• � ���: IIi il �
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� � J � �,II p � ? � EASEMENT �
��I II �� J J BY PL�{ T I
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735 v�', �� o 00 �i oo ' Exisr�NG GRADE 735
,� � I ( � � pIPE� � '' I
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ENCROACHMENT #3
UTILITY EASEMENT
ENCROACHMENT PROFILE
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a r I i n g i o n, t e x a s 7 6 0 1 0
817-469-1671
fox: 817-274-8757
w w w. m m a t e x a s. c o m
DATE: 1?�20?4_ SCALE: _�"_=_?o�_ DRAWN BY: __�S _ CHECKED BY:_ AET_ JOB. NO.: 3632 =oo= ol_
-� _---- �.�� _ -_��-,� .. ;,. : ��
PAGE 11 OF 14
750 750
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ENCROACHMENT #4
UTILITY EASEMENT
ENCROACHMENT PROFILE
DATE: 5J2�2o24 SCALE: _�"_=_?o'_ DRAWN BY: __�S _ CHECKED BY:_ AET _ JOB. NO,: 3s32 =oo_ o�
_ mma
civil engineering surveying lendacepe erchitecture planning
tbpels regisirotion number: f— 2759
tbpels registraiion/license number: 10088000
519 east border
a r I i n g t o n, t e x a s 7 6 0 1 0
817-469-1671
i a x: 6 1 7— 2 7 4— 8 7 5 7
w w w. m m a t e x a s. c o m
PAGE 14 OF 14
EXHIBIT B
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 11 of 11
Revised l2/2022