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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� . � �� ��. 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 � a � 2 N C O U mma civll engineering surveying lendecape erchitecture planning tbpels registration number: i— 2759 tbpels registraiion/license number: 10088000 519 easl border o r I i n g t o n, t e x a s 7 6 0 1 0 817-469-1671 f a x: 8 1 7— 2 7 4— 8 7 5 7 w w w. m m o t e x a s. c o m DATE: 5J2J2024_ SCALE: ___ Nl_A ___ DRAWN BY: __�S _ CHECKED BY:_ AET _ JOB. NO.: 3632 =oo_ ol_ PAGE 1 OF 14 �-� __ � - � _ - _ � _ _.� - _� .,� , _ . �: � .- _ _ - -- . ,� ,�r � _...E._- � 0 VERALL EASEMENT ENCROACHMENT E�YIBIT A �� � � � I- uNir 2 `�� I ,::;. GS QUARRY FALLS CONDOMINIUM � ���, GS QUARRY FALLS � � ! �. `; PHASE 11 OWNER, L. P. ��� I/ " � CC# D223223375 � � ' i OPR TCT � / � I �`' � /. . .DEED �L��VE . . . ,'i / ��'::� � i >, � / •=; I � ( DE D LINE � � �= - �"`` � ��" / `'� I � � ; . , , _ .—. � , , :. „ �. :. -- — — -- —� � , � � 1` � 1 \' , , I e ` � ., - - � � � :. � -�"' �` 1,. . `� I _ i - I �i ._ ., - . '% �� \' ? i _ - ', ��� i ,�i � 1� f}. 3 � � = � �'�� � � y T�`.� �- S \ �� �� � � � �I ��111. I. 1 � � �li� � T.,� � ,� . Ai � �� � . .i {� _ - � '/ �`+, t5��. � � I T � ��� I �� � � � � � � � � � �`; � � ti� 'C. � -� ( � . ; � _' ,� . ��'. UNI T 1 ' � � :: r, ; I '' � j I. � - 1 \\ � � 0 _ GS QUARRY FALLS CONDOMINIUM '',' � ` � l � � ; . • ��, � o "� GS QUARRY FALLS `'' �`• I _ = :., \ i l� � ,::. � . , ,�, �-..���� - - - - __ _ . _,1 � _ i r I I I I lo I �; I �' i � -; � � "� � i i/ � ?I I� ; � . - . ' / �'� � ,.. , / ��- `y: i ��.� = ��� i �,>-' � ,���..., � / / � 1► D 100 200 400 � I(lC%1 = 2�� ff. DATE: 5f2�2o2a_ SCALE: _�" _�ao� DRAWN BY: __�S _ CHECKED BY:_ AET_ �OB. NO.: 3s32 =oo= oi --_ �-- � - =_ _=-�� -r� :_-� , �z ��— -.- _ . ,� � mma civil engineering surveying lendscape architecture planning tbpels registration number: f- 2759 tbpels registration/license number: 10086000 519 easi border a r I i n g i o n, i e x a s 7 6 0 1 0 817-469-1671 f a x: 8 1 7- 2 7 4- 8 7 5 7 w w w. m m a t e x a s. c o m PAGE 2 OF 14 ,.,�..,�._...� � �,.�,.� � �_�:.�....� ,...>..-�� � � �' 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 P:\3632-00-01\500 Land Surveying\506 Easements\Encroachment exhibits working dwg\DESCRIPTION �tl n � � d L U O U � w N d � 0 a « L � � � � �_. � , .. � �� ° � ���� � . � `- I ,'- �, ` I � � POC � ' : 5�8" IRF � £, � i j li . NAD83 (GRID) � %� N: 6, 987, 955.09 � E 2,312,658.07 � ` ,� ` , � PROPOSED ,�1\ �s' R. o. w. � � W DEDI`. CATIQN.; �r � � � � � �� � ��� � � O � �, � � - � ..2-- - �. 1..::� -- ��, : - `��`i�jC•,1 41'9 . ` 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� � �_--_� �� � .� � '�� I'l�� /� � �� �l /� 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:� \ ����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 \ \ \ L 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" I I I �I — — 1 inch = 20 ft. mma civll englneering surveying landscape erchitecture planning tbpels registration number: f- 2759 tbpels regislraiion/license number: 1008600D 519 east border arlington,texas 76010 817-469-1671 T a x: 8 1 7- 2 7 4- 8 7 5 7 w w w. m m a t e x a s. c o m 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 �1_l� - - �_ SS I � � � 7 i PR/VA TE ' I �I�, � � � 1� � � � / i'/ I '% - - 1 inch = 20 ft. mma civll englneerfng surveying lendacape architecture ptanning 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 « �� „ e I I I �I — — 1 inch = 20 ff. mma 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� � � Z � I� j� I Q� ^W � ;, 740 ' '� o w � '0p � � I �' I I�, � 740 o � I � I � ��� �� 'll I j ' �I � I� N� ,I I � I 0o Ui � u-i ,� i � � ;-- --- I "' Jo N.� � I � I ;+�a +� �I � � ---- -- , � � � I' �� �Q~ ~� I ;� i 735 � i�, ?� v, ?, i , 735 I I � � �I � i I � ', i � � � i � � � I;� _ i I 20` WA ER , ��, EA$EM NT ' ' i '; � I BY PLAT '' ' � � EXISTING I GRADE I � I�I � I i Ii 730 i° PiPE r� � I � i �i I I 730 i �! i � I ' I , , � I ' ' � ' i ROPOSED GRAD� E � P VA'7F !� �� P/PE � 1s DRAI/1� I ==-r=i-_ i , '� � , 725 � -__ =!—_�1 725 I'i � ! i� , ;� ; I i � � 3 STA 1+�1.6� ; { -- ! � 1 ' � TOP' 16'� WLL ' -- j� - -- � '� � 721.'�,95 � � I i ,� �'� ' � I 720 ; � il I I � I 720 � � ,� i �� !� � I i ' '� ! ; �, � � ; , 'r� i I � ; ' I il i ; - - , ,� '� � ; �i � 715 ��I ' �� � ��I I I 715 a N U 1+ 00 9+50 2+ 00 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 w w w. m m a i e x a s. c o m PAGE 5 OF 14 745 745 ' I I I SCALE ' II I� � HORZ — 1 "=40' i , i ' — � - I I VERT — 1 "=4' � I �i I � �; � i � I 740 ; � v, I� ,� �; i 740 ' � i Q � ^! ' ' �o�N�t �II ���NI� II' i � � I I �i _ � �� � � I � , � � � ii � �' � , � � 735 ' ; �� o o� ��, 735 i, I� � � I i i I = �I � 1 � , � EXISTING GR,�DE �I I I � P/PE � ; � i - I � � PROPO�IsED , GRADE �� ; 730 � I �'P�P� � � ' 730 � � I � �I '. 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 ' � PRIVATE 3. 4 — ' SAN/TAIRY SEWFR i il �, - - I 720 I,�, , I, � � �! 720 ;, � , � 81 " PI VC � I I I � I R- � SD �26 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 mma 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 0 817-469-1671 f a x: 8 1 7— 2 7 4— 8 7 5 7 � w w w. m m a t e x o s. c o m PAGE 8 OF 10 745 745 SCALE � � � � � � � HORZ - 1"=40' , � �I� I I � VRT- "_ I I�� I � j E 1 4 ,, � ' � � II �I � �� � 740 � !� N� "��. i � 740 ' '� I � ��rn� � I � I � � • � ���: IIi il � �"��!� � i � � 0' ' WA ER I � � J � �,II p � ? � EASEMENT � ��I II �� J J BY PL�{ T I �, � � I j I � I 735 v�', �� o 00 �i oo ' Exisr�NG GRADE 735 ,� � I ( � � pIPE� � '' I � � i � � i ( I � ; � i i ; ; I I PROP-OSED ! GRAI DE II � � P/PE � I � Ij� ' � 730 ' �I I i � � I i 730 ; � � � , � j !' ' ,� � , � � STA 1+30. 41 I (+ I � TOF 16," W�.- I �, I � 726.32', li � I � i I i 725 I � ( '�� I 725 I I I i � �. � � ; _ _._ i � I �� - ..__ _ _ _ _ �II I I ' II � I I � SAN/ RY ��R ; I�� , � i 720 , , ; , 720 ' i j I 8" PVC ' --- I � + SDR-26 i I � ,0. 5'I990 - i � , � , � 715 � j I�' i' 715 0 � � U 1+ 00 �+ 50 2+ 00 ENCROACHMENT #3 UTILITY EASEMENT ENCROACHMENT PROFILE � m 0 w 0 a Gil ' civll englneering surveying landacape architecture planning tbpels registration number: f— 2759 tbpels registration/license number: 10088000 519 eosi border 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 ; I � I � SCALE I I, � ' � HORZ - 1 "=40' I I � II � VERT - 1"= 4' - -- i I i ; I �.-� I' �, �u � I 7 4 5 '' i �� t � I I I � z 7 4 5 i � �� � I '1z�� , � �� ����� I�m�� I � � � �� N , I I U 0 �� � �� �' �� � ���� I �co� � ' � I��� I �NNp Z I 740 I , � � ',�� �I � � '� � i � 740 i i � ii !�`` j I�' �, ' �� ��ON I ! I(�j?4�,N I� — � I , � i i , , - � 2� WA TER �. � ' I EASEMEN f � I - �Y PLAT 735 735 � I I� �''�� i I ,, I i , � : �' I ; i ' ; EX/S�ING 'GRAPE ! I � I; I ': I� PIPE � � � � i �I PROPO�ED GRADE � � � � i I � ' PIPE � I ' 'I � I , ii�I I' I I ; � � 730 ; i � �I , 730 �� L S�M pl�A/N I �' � � i — ,---�-__ _� ==-i ', � , I I , ' l_ �� I I ; - -__--�__- _k�- ; I ' 24 "I� HDPE � � �,__ I I � � ; I , II, 725 i�;o.asq � 2.0 � 725 ' I ' � I' �' STAI 1+45. 00 i � � ! (� TOP�� 16" WL�= � � I 724I54 � i I� � i ji � i� I i i� � I ' ' �' ' 720 � I� I�; i I I 720 �+ 00 1+ 50 2+ 00 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