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Home My WebLink AboutContract 57633-CA2Date Received: July 24, 2024 Record Number: PN24-00082 ---------- Time Received: ----------3:30a.m. City Secretary Number: 57633-CA2 PARTIAL ASSIGNMENT AND CONSENT OF ENCROACHMENT LICENSE AGREEMENT City Secretary Contract No. 57633 THIS ASSIGNMENT OF ENCROACHMENT AGREEMENT ("Assignment") is made and entered into as of this 24 day of July 20 24 by and between the CITY OF FORT WORTH, a Texas home-rule municipal corporation ("City"), SFG FW Harmon, LLC, a Delaware limited liability company ("Assignor"), and LBA NCC-Company XXXIV, LLC, a Delaware limited liability company ("Assignee"). Sometimes herein City, Assignor, or Assignee may also be referred to individually as a "Party" or collectively as the "Parties." W I T NE S S E T H: WHEREAS, the City entered into a Public Property Easement Encroachment License Agreement, City Secretary Contract No. 57633 (the "Encroachment Agreement"), on the 31st day of May, 2022, with Assignor, the owner of certain real property more particularly described in the attached Legal Description (the "Property") located adjacent to or near the City's easement on which the encroachments are located. The encroachments are more particularly described in the Encroachment Agreement, attached hereto as "Exhibit A" and incorporated herein by reference for all purposes, and are referenced therein and herein as the ''Improvements''; WHEREAS, the Encroachment Agreement was recorded the 2nd day of June, 2022, as Instrument No. D222141722 in the Real Property Records of Tarrant County, Texas; WHEREAS, the Assignor has conveyed Lot 1, Block 1, of Stonemont Harmon, as described in Deed No. 224080556 of Tarrant County ("Conveyed Property") to Assignee and now desires to assign its interest in the Encroachment Agreement as related to Lot 1, Block 1 to Assignee; WHEREAS, the City approves of this Assignment; and WHEREAS, it is the mutual desire of Parties to execute this Assignment. AGREEMENT: NOW, THEREFORE, for and in consideration of the above and foregoing premises and the mutual covenants, terms, and conditions herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: Encroachment Assignment Agreement Page 1 of 10 Rev 12/2022 1. Assignor hereby assigns, transfers, and conveys all rights and interests and delegates its duties and obligations under the Encroachment Agreement with respect to the Conveyed Property only to Assignee. 2. Assignee hereby accepts the Assignment granted herein, and assumes all of Assignor's rights, duties, and obligations arising under the Encroachment Agreement with respect to the Conveyed Property only. 3. Assignor has full right, power, and authority to enter into this Assignment, to make the representations set forth herein, and to carry out Assignor's obligations hereunder. Assignee has the full right, power, and authority to enter into this Assignment, to make the representations set forth herein, and to carry out Assignee's obligations hereunder. 4. The effective date of this Assignment shall be the date of its execution by the City (the "Effective Date"). All rights, duties, and obligations under the Encroachment Agreement arising, accruing, or relating to the period before the Effective Date are allocated to Assignor, and all rights, duties, and obligations arising, accruing, or relating to the period thereafter shall be allocated to Assignee. 5. Except as otherwise expressly set forth in this Assignment, Assignor will be discharged from any and all further obligations under the Encroachment Agreement with respect to the Conveyed Property as of the Effective Date. 6. Assignor represents, warrants, and covenants with City and Assignee that as of the Effective Date, Assignor is not in default of any of its obligations contained in the Encroachment Agreement. 7. City hereby consents to this Assignment upon the terms and conditions set forth herein. Unless and until City has executed this Assignment, it is of no effect. The consent granted herein should not be construed as consent to any further assignments. The failure or delay of City in seeking to enforce any provision of the Encroachment Agreement or this Assignment shall not be deemed a waiver of rights or remedies that City may have or a waiver of any subsequent breach of the terms and provisions therein or herein contained. 8. Any notice given by any Party to another Party must be in writing and shall be effective upon receipt when (i) sent by U.S. mail with proper postage, certified mail return receipt requested, or by a nationally recognized overnight delivery service, and (ii) addressed to the other Party at the address set out below or at such other address as the receiving Party designates by proper notice to the sending Party. Citv Development Services Department 200 Texas Street Fort Worth TX 76102 Encroachment Assignment Agreement Page 2 of 10 Rev 12/2022 Attention: Director Assi�nor SFG�FW Harmon, LLC c/o Stonemont Financial Group 3280 Peachtree Road NE, Suite 2770 Atlanta, GA 30305 Attention: Mike Patel, General Counsel Assi _�nee LBA NCC-Companv XXXIV, LLC c/o LBA Realtv 3347 Michelson Drive Suite 200 Irvine, CA 92612 Attention: Perry Schonfeld and Michael Memoly 9. This Assignment will be binding upon and inure to the benefit of the Parties and their respective successors and assigns provided paragraph 3 hereof is satisfied. 10. Assignee shall cause this Assignment to be filed of record at Assignee's expense in the Real Property Records for Tarrant County, Texas. 11. The Certificate of Insurance for the Assignor attached as Exhibit "B" to the Encroachment Agreement is hereby deleted and replaced with the attached Certificate of Insurance from the Assignee as "Exhibit B, Revised." 12. All terms and conditions of the Encroachment Agreement not amended herein remain unaffected and in full force and effect, are binding on the Parties, and are hereby ratified by the Parties. Capitalized terms not defined herein shall have meanings assigned to them in the Encroachment Agreement. 13. This Assignment may be executed in multiple counterparts, each of which shall be deemed an original, and all of which, when taken together, shall constitute one and the same document which may be evidenced by one counterpart. [SIGNATURES APPEAR ON FOLLOWING PAGES] Encroachment Assignment Agreement Page 3 of 10 Rev 12/2022 ASSIGNOR: SFG FW Harmon, LLC A Delaware limited liability company By: SFG IP [ndustrial JV, LLC a Delaware limited liability company its managing member By: • Name: Joshua Wheeler Titie: Senior Vice President Date: ]�9�o?�f STATE OF —�(�rY�. COUNTY OF �cr-Q�br� �i �� BEFORE ME, the undersigned authority, a Notary Public in and for the State of �o �a.., , on this day personally appeared Josh Wheeler, Senior Vice President (Title) nown 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 SFG FW HARMON, LLC, a Delnware limited liabiliry company (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this � e�.. � � , 2�� Notary Public in and for the State of �e rq r' a� / Encroachment Assignment Agreement `�� D ( NE ��ii � P ....., , y �, ��t�Q` �,�;,�ss,oti• q9 �, � ��o Ff4 ��. � n s� N�TAA�, mi N= � � �� v,' L _o: ;Q= � � :, �8L\4 : � � �.�o • �: %'' O t �? ��20Z`;.••'OQ```. ,��(jN i � �� G��. �� day of Page 4 of 10 Rev 12'2022 ASSIGNEE: LBA NCC-Company XXXIV, LLC a Delaware limited liability company By: Name: Michael Memoly Title: Chief Financial Officer July 10, 2024 Date: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF _Ofa On � u�� 0 , 2024, before me, �� •� , a Notary Public, perso ally appeared ' Vv�ol , who proved to me on the basis of satisfactory evidence to be the person(s) hose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they e�ecuted the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of Calif'ornia that the foregoing paragraph is true and correct. WITNES� Signature N. C. ONG � � Notary Pubiic - California � " Orange Couniy � I Commission r 233s296 �� . �y ��^�. :xnires r.00 23. 202� � (Seal) APPROVED AS TO FORM AND Encroachment Assignment Agreement CITY OF FORT WORTH Page 5 of 10 Rev 12/2022 LEGALITY: b ,4,wdo-� ,Janie Motaterfot Janie Morales for (Jul 22, 202416 CDT) DJ Harrell, Director Jeremy Anato-Mensah, Assistant City Attorney City Attorney's Office Development Services Department Date: Jul22,2024 -------------- Jannette Goodall City Secretary (M&C not Required) Date: Jul 24, 2024STATE OF TEXAS § Encroachment Assignment Agreement Date: Jul22,2024 ------------ Contract Compliance Specialist: 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. Mwc-a: pq:uu 0(1!:M: Rebecca Diane Owen (Jul 22, 202411:54 CDT) Date: Jul22,2024 Rebecca Owen Development Manager ----------------- Page 6 oflO Rev 12/2022 COUNTY OF TARRANT This instrument was acknowledged before me on July the 22nd , 20 24 by DJ Harrell, Interim Director, as the Director of the Development Services Department of the City of Fort Worth, a Texas municipal corporation on behalf of the City of Fort Worth. O,�p.RYPVe, WENDY L BEARDSLEE _ � Notary Public * � * STATE OF TEXAS �' P Notary I.D. 13323719-3 9'FOF� My Comm. Exp. .�uly 28, 2025 l�%��'� ��e Notary Public, State of Texas Encroachment Assignment Agreement Page 7 of 10 Rev 12/2022 EXHIBIT A ORIGINAL AGREEMENT WITH ATTACHED EXHIBITS Encroachment Assignment Agreement Page 8 of 10 Rev 12/2022 D222141722 06/02/2022 02:06 PM Page: 1 of 45 Fee: $195.00 Submitter: COFW CFA OFFICE Electronically Recorded by Tarrant County Clerk in Official Public Records -�,�� MARY LOUISE NICHOLSON COUNTY CLERK Date Received: 06/02/2022 Time Received: g�49 am Record Number: PN21-00113 City Secretary No.: 57633 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 cor}�oration 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 SFG FW HARMON, a Delaware limited liability company ("Licensee"), acting by and through its duly authorized representative. RECITALS WHEREAS, Licensee is the owner of the real property located at NW of intersection of Harmon Rd and Golden Triangle Blvd, Fort Worth, Texas 76117 ("Property"), being more particularly described in the attached Exhibit "A" which is incorporated herein for all purposes; and WHEREAS, the City owns a water and sanitary sewer easements (the "Public Property") adjacent to the Property as shown in the attached Exhibit "B," which is incorporated herein for all purposes, in the plat records of Tarrant County as plat number FS-21-127; and WHEREAS, Licensee desires to construct, place, and maintain certain iinprovements 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 accupy a poi-tion of the City's Public Property as described in and at the location shawn Tier II Easement Encroachment Agreement Page 1 of 14 PN21-00113Revised ll/2020 D222141722 an Exhibit "C," but only to the extent shown thereon, for the purpose of constructing, installing, and maintaining storm drainage and 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 "C." 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 constniction 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 Lintil after the execution of this Agreeinent. 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 af 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; hawever, the City shall make reasonable efforts to minimize such damage. Page 2 of 45 Tier II Easement Encroachment Agreement Page 2 of 14 PN21-00113Revised ll/2020 D222141722 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 candition 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 ta 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 Seven Hundred Dollars ($700.00). 7. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by City. The City agrees to not unreasonably withhold or delay its approval and signature to a request from the then owner of the Property at the end of the term to enter into a new agreement on substantially similar terms and conditions as those within this Agreement. 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. $. 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 cantract away its duty and its legislative power to control the Public Property for the use Page 3 of 45 Tier II Easement Encroachment Agreement Page 3 of 14 PN21-00113Revised ll/2020 D222141722 and benefit of the public. It is accordingly agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the Public Property to be used for any other public purpose, including but not being limited to underground, surface, or overhead communication, drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not, that the parties agree to negotiate in good faith in order to accommodate both the Encroachment and the public purpose. 9. 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, SY 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 RESPONSISILITY 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 "C." The amounts of such insurance shall be nat less than $1,000,000 with the understanding and agreement by Licensee that such insurance amounts may Ue 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 Page 4 of 45 Tier II Easement Encroachment Agreement Page 4 of 14 PN21-00113Revised ll/2020 D222141722 the Building Official of the City. A copy af such Certificate of Insurance is attached as Exhibit "D" and incorporated herein for all purposes. Licensee agrees, binds, and abligates 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, aperation, and maintenance of fhe 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 exchisive 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 canstrued as creating a partnership or joint enterprise between City and Licensee. 15. Tier II Easement Encroachment Agreement PN21-00113Revised ll/2020 Page 5 of 14 Page 5 of 45 D222141722 Licensee agrees and acknowledges that this Agreement is solely for the purpose af 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. 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, which shall not be unreasonably withheld. Any attempted assignment without such written approval from City 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 gaverned by the laws of the State of Texas. Page 6 of 45 Tier II Easement Encroachment Agreement Page 6 of 14 PN21-00113Revised ll/2020 D222141722 20. This Agreement shall be binding upon the parties hereto and their successors and ass�gns. 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 PN21-00113Revised ll/2020 Page 7 of 14 Page 7 of 45 D222141722 City: CITY OF FORT WORTH By, UJ I ia� 2022 09:10 CD I) D.J. Harrell, Director of the Development Services Department Date: May 31, 2022 ATTEST: �7G1l71?G��G� c� GDOG�GIGG Jannette S. Goodall (Ju n 1. 2022 2129 h'ST) Jannette Goodall, City Secretary Date: � u n 1, 2022 Licensee: SFG FW HARMQN, LLC a Delaware limited liability company by: SFG II' INDUSTRIAL JV, LLC, It's M Member By: � ame: Josh Wheeler Title: Senio Vice resident Date: � `� Approved As To Form and Legality �%iI�-" " ' ��.,.—.� Thomas Royce Hansen Assistant City Attorney Date: May 25, 2022 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. �.t-�N4::��be=�? �.�i.,�-Lf%�4R.C:7'.2t'f.r2�L�f�S t f Janie S. Morales Development Services Tier iI Easement Encroachment Agreement PN21-00] 13Revised 1 I;'2020 Date: May 25, 2022 Page 8 of 14 Page 8 of 45 D222141722 STATE OF TEXAS § COUNTY OF TARRANT § Page 9 of 45 BEFORE ME, the undersigned autharity, 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 31 st day of May , 2022 . Wendy L. Digitally signed by Wendy L. Beardslee Beardslee Date:2022.05310922:58 -OS'00' Notary Public in and for the State of Texas =,�p,RY%'(ie� WENDY L BEARDSLEE Notary Public * � *� STATE OF TEXAS `�� Notary I.D, 13323719-3 9'FoFj�+ My Comm. Exp. July 28, 2025 After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 Tier II Easement Encroachment Agreement PN21-00113Revised 11/2020 Page9of14 D222141722 STATE OF �� -S § COUNTY OF R 1'/�itut 0 BEFOi� ME, the undersigned authority, a Notary Public in and for the State of �-�L �4 S, on this day personally appeared Josh Wheeler, Senior Vice President (Title) known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged ta me that he or she executed the same for the purposes and consideration therein expressed, as the act and deed of SFG FW HARMON, LLC, a Delaware tirrzited liability company (entity type), and in the capacity therein stated. GNEN UNDER MY HAND AND SEAL OF OFFICE this 1 q day of ,��ar , 20 2 Z . � . Not i 'c in and for the State of �� ,S Tier II Easement Encroachment Agreement PN21-d0113 Revised 11/Zb20 o`"YA''�•, RAFAEL AIEXANDER MOLASCO '� a'�� 4� � Notery Public. State ot i6xab _�: -9;•,��; Comm. Expiras 07-12-2Q26 "�" �� Notary 1d 133207037 : ��n��o�Lti��. Page 10 of 14 Page 10 of 45 D222141722 Page 11 of 45 EXHIBIT "A" Legal Description of the Licensee's Property as identified by Instrument D221089504 BEING a 16.5481-acre (720,836 square foot) tract af land situated in the Josiah Walker Survey, Abstract No. 1603, Tarrant County, Texas; said tract being part of that tract of land described as Exhibit Q-3 in Special Warranty Deed to L.C.T. Properties recorded in Volume 11656, Page 2064 of the Deed Records of Tarrant County, Texas; said tract being more particularly described as follows: BEGINNING at a 5/8-inch iron rod with "KHA" cap set in Harmon Road (a variable width right-of-way); said point being the northeast corner of said Exhibit A-3 tract; THENCE South 0°28'16" East, along Harmon Road, a distance of 548,13 feet to a 5/8-inch iron rad with "KHA" cap set for corner; THENCE South 89°51 '43" West, departing Harmon Road, a distance of 1297 .93 feet to a 5/8-inch iron rod with "KHA" cap set for corner in the east line af that tract of land described in Warranty Deed to L.C. Tubb, Jr. recorded in Volume 9966, Page 1891 of said Deed Records; THENCE North 0°09'16" West, along the said east line of the L.C. Tubb, Jr. tract, a distance of 446.44 feet to a 5/8-inch iron rod with "KHA" cap set for comer; said point being the southwest corner of that tract of land described in Warranty Deed with Vendor's Lien to Donald M. Jones recorded in Volume 7136, Page 586 of said Deed Records; from said point a 5/8-inch iron rod with "ADAMS SURVEYING COMPANY" cap bears South 33°26' West, a distance of 0.9 feet; THENCE South 89°26'16" East, along the south line af said Donald M. Jones tract, a distance of 1295.00 feet ta the POINT OF BEGINNING and containing 16.5481 acres or 720,836 square feet of land, more or less. Legal Description of the Licensee's Property as identified by Instrument D221489503 BEING a 12.6877-acre (552,675 square foot) tract af land situated in the Josiah Walker Survey, Abstract No. 1603, Tarrant County, Texas; said tract being part of that tract of land described in Warranty Deed to L.C. Tubb, Jr. recorded in Volume 9966, Page 1891 of the Deed Records of Tarrant County, Texas; said tract being more particularly described as follows: BEGINNING at a 5/8-inch iron rod found for corner in the east line of that tract of land described in Warranty Deed with Vendor's Lien to John Wayne Thun recorded in Volume 7208, Page 1337 of said Deed Records; THENCE South 0°09'16" East, along the said east line of said L.C. Tubb, Jr. tract, a distance of 929.90 feet to a Sj8-inch iron rod with "KHA" cap set for corner; THENCE South 89°45'04" West, departing the said east line of the L.C. Tubb, Jr. tract, a distance af 593.50 feet to a 5/8-inch iron rod with "KHA" cap set for corner in the west line of said L.C. Tubb, Jr. tract; THENCE North 0°09'16" West, along the said west line of the L.C. Tubb, Jr. tract, a distance of 932.53 feet to a 1/2-inch iron rod found for the northwest corner of said L.C. Tubb, Jr. tract; THENCE South 89°59'42" East, along the north line of said L.C. Tubb, Jr. tract, a distance of 593.50 feet to the POINT OF BEGINNING and containing 12.6877 acres or 552,675 square feet of land, more or less. D222141722 Page 12 of 45 � � � � � � 2 �N L.I_ O � �--' � 0 � LL � � � U w _ � � Z w G W W � � Q � Z W � 2 �.} Q O � U Z W z O � � � _ � Z O � W z O � � Q � Q � U O J H z � o W N � ~ w � � J W\ U w � / J � � = O w Zw�� 0 ��Mv � � �=�°o W =aQ�� z LLaQ�z � o z 0 �N~�o u� c� �c U a z O � � Q _ �- z OC C w Z � � � � � X � � (6 O = � � C O O� � � � O = LL � N � O � � � O Z O � c 0 (n N � ' � _ O � (6 �� N ` � N . � � ti � � ^ � �M� • y M y � �+ ~ � X �� H � O '� � U � � � �o o L c�a � � � � :saoow� omp��—��ggX s;a�X woS0�6 IZOZ/OZ/8 [}!q!yx3 �a}oM] 6spvano��}uawy000�ou3\Oildl�saaayguo�d\pop\uow�oH }uowauo}5 — OO6ll£190�1!n�� M1�\:H :a��d D222141722 Page 13 of 45 � _ _ -^ �� w � Z O �ry a Z M 00 �> U v � J N � W LL Z O W � 0 � �UC7 �n� � H a N Q p = oN� _� t> N � LL Z O H �n �z U Z FW U �i J O J Lf) Cy yyjLL Z� � o Z NQ(A R'(V � o ° °�� =d J j co LLz m � � u�i � Z ' r� 1, • � � � � � Z w � 2 Q � � U Z W � z w � _ U Q O � U Z W I � �� U �o Q M � � � � ��aa � I � �m0� � aXa�° w I W�� z "J I N JO � W � I _ � Q I � a' I � W I � Z I '�� w I 1 1 I � I 1 2 '---� Q � ° r` I Z � I , �Z W � 2 - U — � • Q O � I� U N Z w `N � � � � � r. w � uw m� � � �� M _ �a � V �� Q LLs w 0 �� F- J Z �O Q Z a� w W � ^ � N � O � � � O Z O � c tnN�'� �_ o � c��a �� N.y ^ � �� • yM M � \� T ~ � � �� H � O `� i U � � � �� o � o�o�i�cn z � G Q _ � z O w Z � � � � � O � � J � Z W � _ U Q OA' 1..� U Z W J Q I..L w i 0 � (C X � � (6 O = � c O O� � � � O = LL iLZ 6b60LlZd'ON'1SNI) 1S3M l��Ja3N.lS l �I�O"19�Z 101 _ db'02i NOENii'sfH � a � � � II ; � l9 3lJNb'RJl N3alO�J Ol �� 084t f r�� I � Z 0 J � m rn H Z W � _ U 0 � U Z w � sa ow� Mp�p�ooa�z mp��wsax Mp�w�isx Mp'�i;nz mp� puqx mp�ayisx Mp�a;isxax mp��—��ggX s;a�X wdbb�Z IZOZ/ll/Ol [1N3WH�V0?J�N3 llV?J3�0] 6Mps�iqiyza �uawy000�ou3\3uawy000�ou3��?Jdl\s�aaysuo�d\po�\uow�oH 3uowauo�S — 006t1£190�1!ni�—��:� :a�i� D222141722 Page 14 of 45 LEGAL DESCRIPTION EASEMENT ENCROACHMENTS BEING a 1,620 square foot (0.0372 acre) tract of land (Tract 1), a 150 square foot (0.0034 acre) tract of land (Tract 2), a 150 square foot (0.0034 acre) tract of land (Tract 3}, a 1,290 square foot (0.0296 acre) tract of land {Tract 4), a 600 square foot (0.0138 acre) tract of land (Tract 5), a 601 square foot (0.0138 acre) tract of land (Tract 6& 7), a 150 square foot (0.0034 acre) tract of land (Tract 8), and a 150 square foot (0.0034 acre) tract af land (Tract 9) situated in the Josiah Walker Survey, Abstract No. 1603, City of Fort Worth, Tarrant County, Texas; said tracts being part of a called 16.5481 acre tract of land described in Special Warranty Deed to SFG FW Harmon, LLC recorded in Instrument No. D221089504, Official Public Records, Tarrant County, Texas; said tracts also being part of a called 12.6877 acre tract af land described in Special Warranty Deed to SFG FW Harmon, LLC recorded in Instrument No. D221089503, said Official Public Records; said tract being more particularly described as follows: TRACT 1 COMMENCING at a mag nail set for the southeast corner of the said called 16.5481 acre tract, being in the west right-of-way line of Harmon Road (a variable width right-of-way); THENCE South 89°51'43" West, along the south line of said called 16.5481 acre tract, a distance of 218.95 feet to a point; THENCE North 0°33'52" East, departing the said south line of the called 16.5481 acre tract, a distance of 29.72 feet to the POINT OF BEGINNING; THENCE North 89°26'08" West, a distance of 30.00 feet to a point for corner; THENCE North 0°33'52" East, a distance of 54.00 feet ta a point for corner; THENCE South 89°26'08" East, a distance of 30.00 feet to a point for corner; THENCE Sauth 0°33'52" West, a distance of 54.00 feet to the POINT OF BEGINNING and containing 0.0372 acres or 1,620 square feet of land, more or less. TRACT 2 COMMENCING at a 5/8-inch iron rod found for the southwest corner of said called 16.5481 acre tract; THENCE North 89°51'43" East, along the south line of the said called 16.5481 acre tract, a distance of 631.45 feet to a point; THENCE North 0°33'44" East, departing the said south line of the called 16.5481 acre tract, a distance of 5.68 feet to the POINT OF BEGINNING; THENCE North 0°33'44" East, a distance of 15.00 feet to a point for corner; THENCE South 89°26'16" East, a distance of 10.00 feet to a point for corner; THENCE South 0°33'44" West, a distance of 15.00 feet to a point for corner; THENCE North 89°26'16" West, a distance of 10.00 feet to the POINT OF BEGINNING and containing 0.0034 acres or 150 square feet of land, more or less. (CONTINUED ON SHEET 2) EASEMENT ENCROACHIVIENTS JOSIAH WALKER SURVEY ABSTRACT NO. 1603 CITY OF FORT WORTH TARANT COUNTY, TEXAS D222141722 Page 15 of 45 TRACT 3 COMMENCING at a 5/8-inch iron rod set for the southwest corner of said called 16.5481 acre tract; THENCE Narth 89°51'43" East, along the south line of said called 16.5481 acre tract, a distance of 275.65 feet to a point; THENCE Narth 0°33'44" East, departing the said south line of the called 16.5481 tract, a distance of 10.03 feet to the POINT OF BEGINNING; THENCE North 0°33'44" East, a distance of 15.00 feet ta a point for corner; THENCE South 89°26'16" East, a distance of 10.OQ feet to a point for corner; THENCE South 0°33'44" West, a distance of 15.00 feet to a point for corner; THENCE North 89°26'16" West, a distance of 10.00 feet to the POINT OF BEGINNING and containing 0.0034 acres or 150 square feet of land, more or less. TRACT 4 COMMENCING at a 5/8-inch iron rod set for the southwest corner of said called 16.5481 acre tract; THENCE North 89°51'43" East, along the south line of said called 16.5481 acre tract, a distance of 171.48 feet to a point; THENCE North 0°08'17" West, departing the said south line of the called 16.5481 acre tract, a distance of 32.03 feet to the POINT OF BEGINNING; THENCE North 44°26'16" West, a distance of 86.00 feet to a point for corner; THENCE North 45°33'44" East, a distance of 15.00 feet to a point for corner; THENCE South 44°26'16" East, a distance of 86.00 feet to a point for corner; THENCE South 45°33'44" West, a distance of 15.00 feet to the POINT OF BEGINNING and containing 0.0296 acres or 1,290 square feet of land, more or less. TRACT 5 COMMENCING at a 5/8-inch iron rod with cap stamped "KHA" set for the southeast corner of said called 12.6877 acre tract; THENCE South 89°45'04" West, along the south line of the said called 12.6877 acre tract, a distance of 15.75 feet to a point; THENCE North 0°33'44" East, departing the said south line of the called 12.6877 acre tract, a distance of 2.14 feet to the POINT OF BEGINNING; THENCE North 89°26'16" West, a distance of 40.00 feet to a point for corner; THENCE North 0°33'44" East, a distance of 15.00 feet to a point for corner; THENCE South 89°26'16" East, a distance of 40.00 feet to a point for corner; THENCE South 0°33'44" West, a distance of 15.00 feet to the POINT OF BEGINNING and containing 0.0138 acres or 600 square feet of land, more or less. (CONTINUED ON SHEET 3) EASEMENT ENCROACHIVIENTS JOSIAH WALKER SURVEY ABSTRACT NO. 1603 CITY OF FORT WORTH TARANT COUNTY, TEXAS D222141722 Page 16 of 45 TRACT 6 & 7 COMMENCING at a 5/8-inch iron rod with cap stamped "KHA" set for the southeast corner of said called 12.6877 acre tract; THENCE North 0°09'16" West, along the east line of the said called 12.6877 acre tract, a distance of 36.75 feet to a point; THENCE South 89°50'40" West, departing the said east line of the said called 12.6877 acre tract, a distance of 9.11 feet to the Pt}INT OF BEGINNING; THENCE North 40°13'25" West, a distance of 33.77 feet to a point for corner; THENCE North 0°33'44" East, a distance of 10.86 feet ta a point for corner; THENCE Narkh 49°46'35" East, a distance of 7.90 feet ta a point for corner; THENCE Sauth 40°13'25" East, at a distance of 38.32 feet passing the west line of the said called 16.5481 acre tract, continuing for a total distance of 42.00 feet to a point for corner; THENCE South 49°46'35" West, at a distance of 3.10 feet passing the east line of the said called 12.6877 acre tract, continuing for a total distance of 15.00 feet to the POINT OF BEGINNING and containing 0.0138 acres or 601 square feet of land, more or less. TRACT 8 COMMENCING at a 5/8-inch iron rod with cap stamped "KHA" set for the southeast corner of said called 12.6877 acre tract; THENCE North 0°09'16" West, along the east line af the said called 12.6877 acre tract, a distance af 35.90 feet to a point; THENCE South 89°26'16" East, departing the said east line of the said called 12.6877 acre tract, a distance of 45.32 feet to the POINT OF BEGINNING; THENCE North 0°33'44" East, a distance of 15.00 feet ta a point for corner; THENCE South 89°26'16" East, a distance of 10.00 feet to a point for corner; THENCE South 0°33'44" West, a distance of 15.00 feet to a point for corner; THENCE North 89°26'16" West, a distance of 10.00 feet to the POINT OF BEGINNING and containing 0.0034 acres or 150 square feet of land, more or less. (CONTINUED ON SHEET 4) EASEMENT ENCROACHIVIENTS JOSIAH WALKER SURVEY ABSTRACT NO. 1603 CITY OF FORT WORTH TARANT COUNTY, TEXAS D222141722 Page 17 of 45 TRACT 9 COMMENCING at a 5/8-inch iron rod with cap stamped "KHA" set for the southeast corner of said called 12.6877 acre tract; THENCE North 0°09'16" West, along the east line of the said called 12,6877 acre tract, a distance of 35.90 feet to a point; THENCE South 89°26'16" East, departing the said east line of the said called 12.6877 acre tract, a distance of 541.47 feet to the POINT OF BEGINNING; THENCE North 0°33'44" East, a distance of 15.00 feet ta a point for corner; THENCE Sauth 89°26'16" East, a distance of 10.00 feet to a point for corner; THENCE Sauth 0°33'44" West, a distance of 15.00 feet to a point for corner; THENCE North 89°26'16" West, a distance of 10.00 feet to the POINT OF BEGINNING and containing 0.0034 acres or 150 square feet 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 & 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. MICHAEL C. BILLINGSLEY REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6558 801 CHERRY STREET, UNIT 11 SUITE 1300 FORT WORTH, TEXAS 76102 PH. 817-335-6511 michael.billingsley@kimley-horn.com EASEMENT ENCROACHIVIENTS • . JOSIAH WALKER SURVEY ,�� OF TFy ABSTRACT NO. 1603 �•<P. ��is i-E�o : ;:`�cP � CITY OF FORT WORTH 't�� ' TARANT COUNTY, TEXAS D222141722 EXHIBIT B Depiction of the Public Property Tier II Easement Encroachment Agreement PN21-00113Revised ll/2020 Page 12 of 14 Page 18 of 45 DATE(MM/DD/YYYY) A�o'2o� CERTIFICATE OF LIABILITY INSURANCE �4,26,2�24 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on PRODUCER Aon Risk Insurance Services West, Inc. Los Angeles CA Office 707 Wilshire Boulevard Suite 2600 Los Angeles CA 90017-0460 USA INSURED LBA NCC-Company XXXIV, LLC 3347 Michelson Drive, Suite 200 irvine CA 92612 USA jnic:No.ex��: (866) 283-7122 �qi^c.No.�: C800) 363-0105 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Ndt1011d� Fire Ins. Co. of Hartford 20478 INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: `m w c m v N � 0 2 COVERAGES CERTIFICATE NUMBER: 570105273949 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, Limits shown are as re uested INSR ADDL SUBR POLICYEFF POLICYExP LTR 7YPE OFINSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMI7S A X COMMERCIALGENERALLIABILI7Y 7039662392 06 29 2023 07 Ol 2024 EACHOCCURRENCE $1�0��00� CLAIMS-MADE I X I OCCUR DAMAGE TO RENTED $ZOO � OOO �� PREMISES (Ea occurrence) MED EXP (Any one person) $15 , �� PERSONAL&ADVINJURY $Z,OOO,OOO p� � GEN'LAGGREGATE LIMITAPPLIES PER GENERALAGGREGATE �2 � OOO � OOO � PRO- r POLICY ❑ �ECT � LOC PRODUCTS-COMP/OPAGG �Z,OOO,OOO � 0 OTHER: Emp 8en LiabAgg $Z r �� Q�� o AUTOMOBILE LIABILJTY COMBINED SINGLE LIMIT � (Ea accident) ANY AUTO BODILY INJURY ( Per person) •• O SCHEDULED BODILY INJURY (Per accident) Z OWNED qUTOS w AUTOS ONLY PROPERN DAMAGE �p HIREDAU70S NON-OWNED V ONLY AUTOS ONLY (Per acciden�) _ � W UMBRELLALIAB OCCUR EACH OCCURRENCE V EXCE55 LIAB CLAIMS-MADE AGGREGATE DED RETENTION WORKERS COMPENSATION AND PER STATUTE OTH- EMPLOYERS' LIABILITY ER Y/N ANY PROPRIETOR / PARTNER / E.L EACH ACCIDENT EXECUTNE OFFICEWMEMBER N�A (Mandatory in NH) E.L. DISEASE-EA EMPLOYEE Ify es, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE-POLICY LIMIT _ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) � City of Fort worth is included as Additional Insured in accordance with the policy provisions of the General Liability policy. The notice of cancellation will be provided at least 30 days prior to the effective date of cancellation except that in the � case of cancellation for nonpayment of premiums the notice will be given no less than 10 days prior to the effective date of � the cancellation. � � � CERTIFICATE HOLDER CANCELLATION y� SHOULD ANY OF THE ABOVE DESCRIBED POLJCIES BE CANCELLED BEFORE THE EXPIRATION !� DATE THEREOF, NOTICE WILL BE DELNERED IN ACCORDANCE WITH THE POLICY PROVISIONS. =J � CICy Of Fort Worth AUTHORIZEDREPRESENTATIVE � 200 Texas St. � Fort worth Tx 76102 u5A �n �� ,-,�`�,�� PN24-00082 �p�� N OO 1988-2015 ACORD CORPORATION. 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NO. D221089504) TRACT 1 � 0.0372 ACRES /� —' 1,620 SQ. FT. P. O.�y fc� ' ----T---�--, PROPOSED 15' I /� EASEM NTTER � L1 I /� � I � -----------------r----�-�� L--- NI� --- � � �� ___s � ,� S89°51'43"W ; PART OF EXHIBIT A-3 L.C.T. PROPERTIES (VOL. 11656, PG. 2064) P.O.C,. LEGEND � � O � Z 0 � � Q _ !S � 7 LL � H x c� � _ � 0 � w J m g � > Q P.O.C. = POINT OF COMMENCING P.O.B. = POINT OF BEGINNING MNS = MAG NAIL SET NOTES Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202). A metes & bounds description of even survey date herewith accompanies this survey plat. The undersigned, Registered Professional Land Surveyor, hereby certifies that the plat of survey accurately sets out the metes and bounds of the encroachment tracts. MICHAEL C. BILLINGSLEY REGISTERED PROFESSIONAL , LAND SURVEYOR NO. 6558 MI 801 CHERRY STREET, ' UNIT 11 SUITE 1300 FORT WORTH, TEXAS 76102 PH. 817-335-6511 michael.billingsley@kimley-horn.com EASEMENT ENCROACHIVIENTS JOSIAH WALKER SURVEY ABSTRACT NO. 1603 CITY OF FORT W4RTH TARANT COUNTY, TEXAS D222141722 Page 26 of 45 NORTH � 15' 30' GRAPHIC SCALE IN FEET � .--. � � m� m� �� H � U J C�p LL � O °' � J �o �' SFG FW HARMON, LLC (INST. NO. D221089504) I r � PROPOSED 15' I I PUBLIC WATER I I EASEMENT �_I L ---------- �� ------------- � P.O.B. `� °° I J J 89°51'43"E 631.45' _ _ � i L9 - _- - - - -_ _ - - - PART OF TRACT 2 C EXHIBIT A-3 0.0034 ACRES . L.C.T. PROPERTIES 150 SQ. FT. (VOL. 11656, PG. 2064) LEGEND P.O.C. = POINT OF COMMENCING P.O.B. = POINT OF BEGINNING IRSC = 5/8" IRON ROD W/ "KHA" CAP SET EASEMENT ENCROACHIVIENTS JOSIAH WALKER SURVEY ABSTRACT NO. 1603 CITY OF FORT WORTH TARANT COUNTY, TEXAS D222141722 TRACT 4 0.0296 ACRES 1,290 SQ. FT. � PROPOSED 15' � PUBLIC WATER � EASEMENT _ � � � � � � � \ �� SFG FW HARMON, LLC (INST. NO. D221089504) d� �� _rn m ao m� � � �a U J <,�O �� 0 a� � w � U Q � N M � � w 0 z a � W � Page 27 of 45 NORTH � 15' 30' GRAPHIC SCALE IN FEET �� S � •� � TRACT 3 �,'`�\� 0.0034 ACRES >� � 150 SQ. FT. MI> \ \-------------- �� ` P.O. B. MiN � � Z `�^��.�� 171.48' _ _ _ N89°51'43"E 275.65' _ 12 N89°51'43'_E IRSC P.O.C. PART OF EXHIBIT A-3 L.C.T, PROPERTIES (VOL. 11656, PG. 2064) LEGEND �-�� J J o� L14 � _ P.O.C. = POINT OF COMMENCING P.O.B. = POINT OF BEGINNING IRSC = 5/8" IRON ROD W/ "KHA" CAP SET EASEMENT ENCROACHIVIENTS JOSIAH WALKER SURVEY ABSTRACT NO. 1603 CITY OF FORT WORTH TARANT COUNTY, TEXAS D222141722 Page 28 of 45 NORTH � 15' 30' GRAPHIC 5CALE IN FEET � TRACT 6& 7 SFG FW HARMON, LLC �,`L � 0.0138 ACRES (INST. NO. D221089504) _ , 601 SQ. FT. SFG FW HARMON, LLC (INST. NO. D221089503) PROPOSED 15' PUBLIC WATER EASEMENT N N J TRACT 5 0.0138 ACRES 600 SQ. FT. LEGEND P.O.6. � L23 L20� IRSC P.O.C. - P.O.C. = POINT OF COMMENCING P.O.B. = POINT OF BEGINNING IRSC = 5/8" IRON ROD W/ "KHA" CAP SET .--� � M N J L19 TRACT 8 0.0034 ACRES 32 150 SQ. FT. �3.10' c> M M `L30 S89°26'16"E J J �� --45.32' L34 --- --- r"�i PROPOSED 15' � P.O. B. PUBLIC WATER EASEMENT o-----------�-----�. 0 Z P.�Q.�.� _ _ � �-- - -- - � L. J \ � EASEMENT ENCROACHIVIENTS JOSIAH WALKER SURVEY ABSTRACT NO. 1603 CITY OF FORT WORTH TARANT COUNTY, TEXAS D222141722 Page 29 of 45 NORTH � 15' 30' GRAPHIC 5CALE IN FEET SFG FW HARMON, LLC {INST. NO. D221089504) ' TRACT 9 0.0034 ACRES 150 SQ. FT. L36 � � �� S89°26'16"E J J 541.47' - - L38 - - - • � PROPOSED 15' SFG FW HARMON, LLC �° � R PUBLIC WATER (INST. NO. D221089503) o; �• O•`-'' EASEMENT 0 z IRSC � P.O.C. I LINE TABLE LINE TABLE LINE TABLE NO. BEARING LENGTH NO. BEARING LENGTH NO. BEARING LENGTH L1 N89°26'08"W 30.00' L14 N89°26'16"W 10.00' L27 N00°33'44"E 10.86' L2 N00°33'52"E 54.00' L15 N44°26'16"W 86.00' L28 N49°46'35"E 7.90' L3 S89°26'08"E 30.00' L16 N45°33'44"E 15.00' L29 S40°13'25"E 42.00' L4 S00°33'52"W 54.00' L17 S44°26'16"E 86.00' L30 S49°46'35"W 15.00' L5 S00°33'44"W 5.68' L18 S45°33'44"W 15.00' L31 N00°33'44"E 15.00' L6 N00°33'44"E 15.00' L19 S89°45'04"W 15.75' L32 S89°26'16"E 10.00' L7 S89°26'16"E 10.00' L20 S00°33'44"W 2.14' L33 S00°33'44"W 15.00' L8 S00°33'44"W 15.00' L21 N89°26'16"W 40.00' L34 N89°26'16"W 10.00' L9 N89°26'16"W 10.00' L22 N00°33'44"E 15.00' L35 N00°33'44"E 15.00' L10 S00°33'44"W 10.03' L23 S89°26'16"E 40.00' L36 S89°26'16"E 10.00' L11 N00°33'44"E 15.00' L24 S00°33'44"W 15.00' L37 S00°33'44"W 15.00' L12 S89°26'16"E 10.00' L25 S89°50'44"W 9.11' L38 N89°26'16"W 10.00' L13 S00°33'44"W 15.00' L26 N40°13'25"W 33.77' LEGEND P.O.C. = POINT OF COMMENCING P.O.B. = POINT OF BEGINNING IRSC = 5(8" IRON ROD W/ "KHA" CAP SET EASEMENT ENCROACHIVIENTS JOSIAH WALKER SURVEY ABSTRACT NO. 1603 CITY OF FORT WORTH TARANT COUNTY, TEXAS D222141722 Page 30 of 45 _ � Z w Q >� �W aJ o� �� w� �W � �- a� o= � � U J � m Z � W a� o w M Q � W W � � W d � � w � � d � Q W W � Q U J � m Z � W � � - 2 � U � O w � � U � Z a W � � a � N o � o � � � O Z O � c O �� O � c0 �� N . y — � � ^ � � M � �,.:a�iM�n �� ~I� x � � ��H L � O � U � o � a�o�i�cn z � Q 2 H Z � � W z � � � r � Z W � 2 U Q a � U z w � c� x � � �� C O O � �� O 2 IL O � H W W � Z W J UN � U =o � � � � 0 :S3DDW� DMP'}W52X OMP'WJjSX DMP'�I}f1X DMP'APUGX OMP'2}ISX DMP'2j15%3X OMP'�—��58X :S)2JX w�60�6 IZOZ/DZ/8 [L 1N3WHOV0?J�N3] 6mp�s}iqiyxa �uawy000�ou3�;uawy000a�u3\0?Jdl\s;aayguo�d�po��uow�oH ;uowauo�S — OO6tt£190�1!ni� ��\:� :a�ij D222141722 Page 31 of 45 � I � I � I � � I � I � I � � 0 0 + N 0 0 + � N O � O � � � O Z O � c 0 ��o� co �� N y — +. 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6mp�a�isxax 6mp��—��ggX s;a�X wobl�6 IZOZ/OZ/8 [8-9 S1N3WHOV0?J�N3] 6mp�sa�}o�d �uawy000�ou3�;uawy000a�u3\0?Jdl\s;aayguo�d�po��uow�oH ;uowauo�S — OO6tt£190�1!ni� ��\:� :a�ij ¢ (? ¢ c� D222141722 Page 43 of 45 _ � � Z O � H w w � z W J UN � U =o Q r � � O Q W � Q � Z w � _ � 0 � U Z W a 0 1N3W3St �IlBfld �96 � � N� I �w �W I Ow `� I U �J I aa � \ � ,o�s� '3 b3M3S ❑3SOd021d � � I I I I � � w Z J � w � � w Q > � � 0 � w � 0 � 0 � a � N O � O � � � O Z o �� 0 s�� N+`.� � � N . y — i � ^ � � M � x � �" � `"'� cv�o ��~I� x �� H °' o � � U � o � a0 LL � (n z � � 2 H Z � � W z � � � � � Z W � 2 U Q O � U Z W � c� x � � �� C O O � �� O 2 IL :S3DDW� DMP'}W52X OMP'WJjSX DMP'�I}f1X DMP'APUGX OMP'2}ISX DMP'2j15%3X OMP'�—��58X :S)2JX wo60�6 LZOZ/OZ/8 [6 1N3WHOV0?J�N3] 6mp�s}iqiyxa �uawy000�ou3�;uawy000a�u3\0?Jdl\s;aayguo�d�po��uow�oH ;uowauo�S — OO6tt£190�1!ni� ��\:� :a�ij D222141722 Page 44 of 45 � I � I � I � I r � I � I � I � I r � N O � O � � � Z o �� 0 s�� N+`.� � � N . y — i � ^ � � M � X � "� � M fy0 �j �~I� X �I A � � y � � � � � L � O � U � o � a�o�i�cn 0 0 + � 0 0 + � 0 0 + � � � Z W � 2 U Q O � U Z W z 0 � � Q _ � z � w z � � � � � X � � f0 � � � C O O � �� O 2 IL :sa6ow� 6mp��i}�o 6mp�}wsax 6mp�w��sx 6rnp��i}nx 6Mp�,(puqx 6mp�a}isx 6mp�a�isxax 6mp��—��ggX s;a�X WobV6 IZOZ/DZ/8 [61N3WHOV0?J�N3] 6mp�sa�}o�d �uawy000�ou3�;uawy000a�u3\0?Jdl\s;aayguo�d�po��uow�oH ;uowauo�S — OO6tt£190�1!ni� ��\:� :a�ij EXffiBIT B, REVISED CERTIFICATE OF INSURANCE Encroachment Assignment Agreement Page 9 of 10 Rev 12/2022 Legal Description of the Propertv TRACT 1 (FEE SIlVIPLE) BEING a tract of land situated in the Josiah Walker Survey, Abstract No. 1603, City of Fort Worth, Tarrant County, Texas, said tract being all of Lot 1, Block 1, Stonemont Harmon, an addition to the City of Fort Worth, according to the plat recorded in cc# D222092427, Real Property Records, Tarrant County, Texas. TRACT 2 (EASEMENT ESTATE) Non-Exclusive Easement rights created by that certain Access and Temporary Construction Easement Agreement by and between LCT Properties, a Texas general partnership and L.C. Tubb, Jr. and Judith A. Brown, being one and the same person as Judith Gilmore Tubb, and SFG FW Harmon, LLC, a Delaware limited liability company filed 04/O1/2021 recorded in cc# D221089505, Real Property Records, Tarrant County, Texas. TRACT 3 (EASEMENT ESTATE) Non-Exclusive Easement rights created by that certain Drainage Facility and Temporary Construction Easement Agreement by and between L.C. Tubb, Jr. and Judith A. Brown, being one and the same person as Judith Gilmore Tubb, and SFG FW Harmon, LLC, a Delaware limited liability company filed 04/O1/2021 recorded in cc# D221089506, Real Property Records, Tarrant County, Texas. Encroachment Assignment Agreement Page 10 of 10 Rev 12/2022