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HomeMy WebLinkAboutContract 61824Date Received: 8/12/2024 Record Number: PN24-00096 Time Received: 1:41 p.m. City Secretary No.: 61824 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 NEC/Bonds Ranch Road, LTD, a(n) Texas limited partnership ("Licensee"), acting by and through its duly authorized Vice President. RECITALS WHEREAS, Licensee is the owner of the real property located at 149 E. Bonds Ranch Road, Fort Worth, Texas 76052 ("Property"), as being more particularly described as, that certain Lot, Tract, or Parcel of land out of the Henry Robertson Survey, Abstract No. 1259, as recorded in Deed Records, by Instrument Number D218126990, in Tarrant County, Texas, and; WHEREAS, the City owns access, water, drainage easements and has an interest in a public utility easement (the "Public Property") adjacent to the Property, and as recorded in the plat records of Tarrant County as plat number FP-15-074; and WHEREAS, Licensee desires to construct, place, and maintain certain improvements which will encroach in, on, above, or below the Public Property; and WHEREAS Licensee has received consent from the other franchise utility companies to construct, place, and maintain the improvements within the public utility easement; 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: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II Easement Encroachment Agreement Page I of 12 Revised 12/2022 AGREEMENT 1. The City, in consideration of the payment by Licensee of the fee set out below and covenants and agreements hereinafter contained to be kept and performed by Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and occupy a portion of the City's Public Property as described in and at the location shown on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing, installing, and maintaining a water line, sanitary sewer line and storm drains (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 "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. Licensee has received the approval and consent of certain franchise utility companies and such consents are attached hereto as Exhibit "B." Licensee agrees that it shall secure the approval and consent of all other 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. Tier II Easement Encroachment Agreement Page 2 of 12 Revised 12/2022 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 duly authorized representative. Any such removal of the Encroachment shall be in accordance with then -existing City regulations and policies. It is understood and agreed to by Licensee that if this Agreement terminates and Licensee fails to remove the Encroachment and restore the Public Property, Licensee hereby gives City permission to remove the Encroachment and any supporting structures from the Public Property, to restore the Public Property, and to assess a lien on the Property for the costs expended by the City in taking such actions. 6. In order to defray all costs of inspection and supervision which the City has incurred or will incur as a result of the construction, maintenance, inspection or management of the Encroachment and use of Public Property as provided for by this Agreement, Licensee agrees to pay to City at the time this Agreement is requested an application fee in the sum of Nine Hundred Dollars ($900.00). 7. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by City. However, the City may terminate this Agreement upon Licensee's noncompliance with any of the terms of this Agreement. City shall notify Licensee in writing of any such noncompliance and if Licensee does not cure the noncompliance within thirty (30) days of notice from City, the City may terminate this Agreement. However, the City may, at its sole option, allow the Agreement to remain in effect so long as Licensee has taken reasonable measures to cure the noncompliance or is continuing to diligently attempt to remedy the noncompliance. 8. It is further understood and agreed between the parties hereto that the Public Property to be used and encroached upon is held by City as trustee for the public; that City exercises such powers over the Public Property as have been delegated to it by the Constitution of the State of Texas or by the Texas Legislature; and that City cannot Tier II Easement Encroachment Agreement Page 3 of 12 Revised 12/2022 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. J 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 "C." 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 Tier II Easement Encroachment Agreement Page 4 of 12 Revised 12/2022 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 "C" and incorporated herein for all purposes. Licensee agrees, binds, and obligates itself and its successors and assigns to maintain and keep in force such public liability insurance at all times during the term of this Agreement and until the removal of the Encroachment and restoration of the Public Property. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. 11. Licensee agrees to deposit with the City when this Agreement is executed a sufficient sum of money to be used to pay necessary fees to record this Agreement in the real property records of the county in which the Encroachment is located. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. 12. Licensee agrees to comply fully with all applicable federal, state, and local laws, statutes, ordinances, codes, and regulations in connection with the construction, operation, and maintenance of the Encroachment and use of the Public Property. 13. Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for by this Agreement or by any federal, state, or local statute, law, or regulation. 14. Licensee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant, or employee of City, and Licensee shall have exclusive control of and the exclusive right to control the details of its operations, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. The doctrine of respondeat superior shall not apply as between City and Licensee, its officers, agents, servants, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Licensee. 15. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain, and locate the Encroachment over or within the Public Property and is not a conveyance of any right, title, or interest in or to the Public Property, nor is it meant to convey any right to use or occupy property in which a third -party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. Tier II Easement Encroachment Agreement Page 5 of 12 Revised 12/2022 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, 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 12 Revised 12/2022 City: CITY OF FORT WORTH U -- By: Dalton Harrell*ug 12, 202410:30 CDT) D.J. Harrell, Director of the Development Services Department Date: Aug 12, 2024 ATTEST: Jannette Goodall, City Secretary Date: Aug 12, 2024 po4vvnpq� M OVo o=d° PdP f . OdnIl nEXaSaap Licensee: NEC 287Bonds Ranch, Ltd a Texas limited partnership GP NEC 287/Bonds Ranch One, LLC A Texas limited liability company its General Partner By: J&�� Name avid C. Palmer Title: Vice President Date: August 6, 2024 Approved As To Form and Legality f-L e- Watt Kirvr� fdt^ 9e�evvcct Anatd--MEt"wk Hye l� Kim for Jeremy Anato- 41� (Aug 9, 202 16:48 CDT) Jeremy Anato-Mensah Assistant City Attorney Date: Aug 9, 2024 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. n Re ecca Owen (Aug 12, 202410:04 CDT) Rebecca Owen Development Services Date: Aug 12, 2024 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II Easement Encroachment Agreement Page 7 of 12 Revised 12/2022 STATE OF § COUNTY OF § COUNTY OF -RLLA 5 BEFORE ME, the undersigned authority, a Notary Public in and for the State of TEXAS, on this day personally appeared David C. Palmer, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of GP NEC 287Bonds Ranch One, LLC, the general partner of NEC 287Bonds Ranch, Ltd, and that het 4w executed the same as the act of said entities for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this �Q #—, day of Notary u is in and for the State of Texas Tier II Easement Encroachment Agreement Page 9 of 12 Revised 12/2022 "THIS PAGE FUR UITY OF FURT WURTH UFFICE USE UINLY' STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared D.J. Harrell, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of the City of Fort Worth, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 12th day of August , 2024. wehv Becrrdslee Wendy Beards ee (Aug 12, 2024 11:44 CDT) Notary Public in and for the State of Texas After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 o�pRYp(WENDY L BEARDSLEE , a Notary Public * * STATE OF TEXAS e Notary I.D. 13323719-3 ' 9�OF My Comm. Exp. July 28, 2025 ' . a Tier II Easement Encroachment Agreement Page 8 of 12 Revised 12/2022 EXHIBIT A Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page 10 of 12 Revised 12/2022 •\ \ \ \ WcdR�'e""' °+Aw �� xY' n / P� a ewux `° �/ \!1 REVISIONS i DESCPoPTION I DATE 8Y 0 ppHY w \, \`\ ` LOT 1 r \ Y i 19 \�\\� \ \� ,H:`SAfzl / �/ 11.998�«4 £'fl' �9e a6�3Ea I \\\ \ \ �'!1C •]iE]s7 s/ u.3 ]I.l �d:: 8.'&'m"u30]-i i0 WITH FEET C. \ fig, r.a � a W / la WO NE a.ao.00 u RV 361 . a sr. 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N89'43'S4" 742.82' SEE' BEW or ?•.b —a x m CIOESUNurv. z. ° ADIF m. c - (VARIABLE WIDTH RIGHT -OF -WRY) s. IRP _... LBSP PARTNERS, L.P. c ' VOL. 16532, PG. 195 _ D.R.T.C.T. EGEND LINES SD-1, SD-2 CI CURB INLET, PER CITY OF FORT WORTH STANDARDS, SWIM - ZO1 5 - O1 g3 DETAILS ON SHEET 15.6 N _ GI GRATE INIET WITH TRPFFC-MTED GRATE, REFER TO DUALS ON CS BENCHMARKS CB PRE S DI DROPFNLET,AB D ERCCITY OTCH F FORT WORN STANDARDS, I 15 DETALS ON SHEET C15.4 FEEFA TOP OF STORM THEASTELOCATEDIN MLLSIHIRIG-OF ET NORM OF THE NORTHEAST CORNER OF TMCT 3 (RIOHT�OFWAY) 9 CGI COMBINATION GRATE INLET, REFER TO DETAILS ON C9.4 ELEY.:74f.86 a SOUR STORM WATER MANHOLE. DETAILS ON SHEET 15.5 STORM DRAINAGE PLAN o zo aD so _J— LOTS 1-6, BLOCK WDP' BONDS RANCH MARKETPLACE n WSL-2023-2664 FDP-23-00195 CITY OF FORT WORTH, TEXAS THE SEAL APPEARINC LIN THIS a DOCUMENT WAS AU HORIZED BY ROBERT L. PRU ,, JR., P.E.53662 www.°rbanst2tegy us TEL zzy396z389 ON 05/06/2029 0� Y4 E o.E]f,,, URBAN 5 S T R A T E G Y �a °' Mxln Street al.aaz� m dzza kk .ER.�:JR.s HAW, Dalas, Tezas�za�6 /d RAE,T SSE dl ` DESIGNED DRAWN UE—NO, DATE SHEET lll��•"' RLP CAC 21616 BY' 6' Z C9.3 16 LEGAL DESCRIPTION BEING A TRACT OF LAND SITUATED IN THE HENRY ROBERTSON SURVEY, ABSTRACT NO. 1259, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, AND BEING PART OF LOT 2, BLOCK A OF BONDS RANCH MARKETPLACE, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS ACCORDING TO THE PLAT THEREOF RECORDED UNDER CLERK'S FILE NO. D218278521, PLAT RECORDS, TARRANT COUNTY, TEXAS, THE CENTERLINE OF SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 5/8" IRON ROD FOUND AT THE SOUTH END OF A CORNER CLIP AT THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF SHIRE MEADOW DRIVE AND THE SOUTH RIGHT-OF-WAY LINE OF HILLSHIRE DRIVE (60' RIGHT-OF-WAY), SAID POINT BEING THE MOST EASTERLY NORTHEASTERLY CORNER OF SAID LOT 2; THENCE SOUTH 00 20' 18" WEST ALONG THE WEST RIGHT-OF-WAY LINE OF SAID SHIRE MEADOW DRIVE AND THE EAST LINE OF SAID LOT 2, FOR A DISTANCE OF 96.30 FEET TO A POINT FOR CORNER, SAID POINT BEING THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 537.85 FEET WITH A CENTRAL ANGLE OF 00' 37' 52" AND A CHORD BEARING SOUTH 00' 04' 27" EAST AT A DISTANCE OF 5.93 FEET; THENCE SOUTHEASTERLY AND CONTINUING ALONG THE WEST RIGHT-OF-WAY LINE AND FOLLOWING ALONG SAID CURVE TO THE LEFT FOR AN ARC DISTANCE OF 5.93 FEET TO A POINT FOR CORNER, SAID POINT BEING THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 30.00 FEET WITH A CENTRAL ANGLE OF 40' 19' 08" AND A CHORD BEARING NORTH 69' 30' 52" WEST AT A DISTANCE OF 20.68 FEET; THENCE NORTHWESTERLY AND FOLLOWING ALONG SAID CURVE TO THE LEFT FOR AN ARC DISTANCE OF 21.11 FEET TO A POINT FOR CORNER; THENCE NORTH 89' 40' 26" WEST FOR A DISTANCE OF 19.84 FEET TO A POINT FOR CORNER, SAID POINT BEING THE POINT OF BEGINNING; THENCE NORTH 00' 19' 34" EAST FOR A DISTANCE OF 7.51 FEET TO A POINT OR CORNER; THENCE NORTH 89' 40' 14" WEST FOR A DISTANCE OF 158.20 FEET TO A POINT FOR CORNER; THENCE SOUTH 45' 19' 46" WEST FOR A DISTANCE OF 9.59 FEET TO A POINT FOR THE END OF THIS DESCRIPTION. BLUE SKY SURVEYING & MAPPING, CORPORATION 11015 MIDWAY ROAD DALLAS, TEXAS 75229 PHONE: (214) 358-4500 FAX: (214) 358-4600 DRPETREE@BLUESKYSURVEYING.COM TBPLS REGISTRATION No. 10105700 ENCROACHMENT AREA #5A LOT 2, BLOCI< A BONDS RANCH MARKETPLACE ADDITION HENRY ROBERTSON SURVEY, ABST. NO. 1259 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS DATE: FEBRUARY 14, 2024 SCALE: 1"=60' F:\US287HicksFortWorth\2023 - EncroachmentExhibits 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 TRACT. Aqw/. - DAVID PETREE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 1890 NO. RADIUS Cl 537.85' C2 30.00' - CURVE TABLE - DELTA ARC CH. BEARING CHORD 00'37'52" 5.93' S 00'04'27" E 5.93' 40'19'08" 21.11' N 69'30'52" W 20.68' =404at l l44m NO. BEARING DISTANCE L1 S 00' 19'59" W 65.57' L2 N 89'40'26" W 19.84' L3 N 00'19'34" E 7.51' L4 N 89'40' 14" W 158.20' L5 S 45' 19'46" W 9.59' L6 S 46'22'50" E 13.71' BLUE SKY SURVEYING & MAPPING, CORPORATION 11015 MIDWAY ROAD DALLAS, TEXAS 75229 PHONE: (214) 358-4500 FAX: (214) 358-4600 DRPETREE@BLUESKYSURVEYING.COM TBPLS REGISTRATION No. 10105700 ENCROACHMENT AREA #5A LOT 2, BLOCK A BONDS RANCH MARKETPLACE ADDITION HENRY ROBERTSON SURVEY, ABST. NO. 1259 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS DATE: FEBRUARY 14, 2024 SCALE: 1"=60' F:\US287HicksFortWorth\2023 - EncroachmentExhibits 0 30' 60, 120' (75.732 ACRES) LOT 1 - BLOCK 1 HIGHLAND MEADOWS ADDITIOI&RAPH/C SCALE: 1 "=60' CCF#D212306375 _ P.R.T.C.T. CITY OF FORT WORTH CCF#D212309210 D.R.D.C.T. 4.206 ACRE ____— — — — — — — — — RIGHT—OF—WAY EASEMENT ___ ----- TO CITY OF FORT WORTH 5 0' DRAINAGE EASEMENT _ _ _ CCF# D208058362 DOC#D208058357 WALL ESMT 5' UTILITY EASEMENT (60'RRIIGHHTT-0 WAY) RETAININGDOC#D218278521-- CCF# D212306375 DOC#D218278521 ---- — — — — — — — — — — Irr -- 6, 105.16' -------------8"If2� ------ — — — — — _ _ — —I JAI 5/8"IRS N _ _223.40' — — N 86-53'38' E - — — — — M — — _—_ _ — —1 I— 10' UTILITY EASEMENT POC O 10' UTILITY ESMT. !\ DOC#D218278521 \ �\ 20'X20' 15' DRAINAGE / �\ DOC#D218278521 �� �\ w _ �\ I UTILITY EASEMENT EASEMENT w W N — L_ J DOC#D218278521 — DOC#218278521 \ W (11.9988 A .) \moo �`15' WATER EASEMENT °p DOC#218278521 LOT 1— BLOC A �. w O Q BONDS RANCH MARK PLACE p� � CCF#D218278521 g 165' W) co 3 1 3� Lo o S P.R.T.C.T. Z J4 J o oM w o o W -I- --------- `� N OR a W KROGER TEXAS LP ����? `� _ �; 4 w oN CCF#D219167453 ���� L 30' PUBLIC ACCESS & FP —OBI Y� 'O� D.R.T.C.T. UTILITY EASEMENT `` w `'� 15' WATER ESMT ou W DOC#D218278521 v wv POSE DOC#218278521 F � o DOC#218278521 a 0� 0 SANITARY I SEWER ENCROACHMENT #5A I c N _ ^ft: U N N �60 4)N OVER 30' PUBLIC ACCESS EASEMENT a M w LOT 2 - BLOCK A 165 LINEAR FEET I N NZ `° � nU BONDS RANCH MARKETPLACE POSE Q w N CCF#D218278521 DOC#218278521 6 o 0 P.R.T.C.T. 5/8"IRS w a NEC 287/BONDS RANCH, LTD. �PUBLIC ACCESS & 0 � 1 af / UTILITY EASEMENT DOC#218278521 / —� r o 0- 0 0 N. CPT BLUE SKY SURVEYING & MAPPING, CORPORATION 11015 MIDWAY ROAD DALLAS, TEXAS 75229 PHONE: (214) 358-4500 FAX: (214) 358-4600 DRPETREE@BLUESKYSURVEYING.COM TBPLS REGISTRATION No. 10105700 NA cp c 4- ENCROACHMENT AREA #5A LOT 2, BLOCK A BONDS RANCH MARKETPLACE ADDITION HENRY ROBERTSON SURVEY, ABST. NO. 1259 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS DATE: FEBRUARY 14, 2024 SCALE: 1 "=60' F:\US287HicksFortWorth\2023 - EncroachmentExhibits LEGAL DESCRIPTION BEING A TRACT OF LAND SITUATED IN THE HENRY ROBERTSON SURVEY, ABSTRACT NO. 1259, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, AND BEING PART OF LOT 2, BLOCK A OF BONDS RANCH MARKETPLACE, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS ACCORDING TO THE PLAT THEREOF RECORDED UNDER CLERK'S FILE NO. D218278521, PLAT RECORDS, TARRANT COUNTY, TEXAS, THE CENTERLINE OF SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 5/8" IRON ROD FOUND AT THE SOUTH END OF A CORNER CLIP AT THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF SHIRE MEADOW DRIVE AND THE SOUTH RIGHT-OF-WAY LINE OF HILLSHIRE DRIVE (60' RIGHT-OF-WAY), SAID POINT BEING THE MOST EASTERLY NORTHEASTERLY CORNER OF SAID LOT 2; THENCE SOUTH 00 20' 18" WEST ALONG THE WEST RIGHT-OF-WAY LINE OF SAID SHIRE MEADOW DRIVE AND THE EAST LINE OF SAID LOT 2, FOR A DISTANCE OF 65.57 FEET TO A POINT FOR CORNER IN THE SOUTH LINE OF A 15' WATER EASEMENT RECORDED IN AFORESAID PLAT OF BONDS RANCH MARKETPLACE ADDITION; THENCE NORTH 89' 39' 58" WEST LEAVING THE WEST RIGHT-OF-WAY LINE OF SAID SHIRE MEADOW DRIVE AND ALONG THE SOUTH LINE OF SAID 15' WATER EASEMENT FOR A DISTANCE OF 166.92 FEET TO A POINT FOR CORNER; THENCE SOUTH 00' 20' 11" WEST CONTINUING ALONG THE SOUTH LINE OF SAID 15' WATER EASEMENT FOR A DISTANCE OF 22.04 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89' 40' 14" WEST ACROSS SAID 15' WATER EASEMENT FOR A DISTANCE OF 22.04 FEET TO A POINT FOR THE END OF THIS DESCRIPTION. 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 TRACT. .Am DAVID PE ....`........189C OA- DAVID PETREE SUR REGISTERED PROFESSIONAL LAND SURVEYOR NO. 1890 BLUE SKY SURVEYING ENCROACHMENT AREA #5B & MAPPING, CORPORATION LOT 2, BLOCI< A 11015 MIDWAY ROAD DALLAS, TEXAS 75229 BONDS RANCH MARKETPLACE ADDITION PHONE: (214) 358-4500 HENRY ROBERTSON SURVEY, ABST. NO. 1259 FAX: (214) 358-4600 DRPETREE@BLUESKYSURVEYING.COM CITY OF FORT WORTH, TARRANT COUNTY, TEXAS TBPLS REGISTRATION No. 10105700 DATE: FEBRUARY 14, 2024 SCALE: 1"=60' F:\US287HicksFortWorth\2023 - EncroachmentExhibits 0 30' 60, 120' (75.732 ACRES) LOT 1 - BLOCK 1 HIGHLAND MEADOWS ADDITIOIi-RAPH/C CCF#D212306375 P.R.T.C.T. CITY OF FORT WORTH CCF#D212309210 D.R.D.C.T. SCALE: 1 "_ _ _ _ 4.206 ACRE ___--------- RIGHT—OF—WAY EASEMENT _ ----- TO CITY OF FORT WORTH 5 0' DRAINAGE EASEMENT CCF# D208058362 DOC#D208058357 5' UTILITY EASEMENT (60'RIGHT-OF -WAY) RETAINING WALL ESMT DOC#D218278521-- CCF# D212306375 DOC#D218278521 --- ----- - - - - - Irr -- ------------- 8"IRF------- _ — — — _ _ — —1 JAI 5/8"IRS _ _223.40' — — N 86'S F- E - — — — - - —I � 10' UTILITY EASEMENT POC 10' UTILITY ESMT.\ DOC#D218278521 \ DOC#D218278521 \ 20'X20" UTILITY EASEMENT \ \ ~z N op — L j DOC#D218278521 (11.9988 A .) � �-------- LOT 1 — BLOC A L 15'_ DRAINAGE EASEMENT 0 N 3ONDS RANCH MARK P\LACE p �DOC#218278521 L2 POSE CCF#D218278521 �1 15' WATER EASEMENT I I �0 3 °0 P.R.T.C.T. \ Z o o oM p o \ DOC#218278521 LO I N 0 L o KROGER TEXAS, LP. 5/8"IRS — — — — — — — — i a �� o 30' PUBLIC ACCESS & �0 CCF#D219167453 L — D.R.T.C.T. POB UTILITY EASEMENT 0 15' WATER ESMT DOC#D218278521 POSE `D v �v F DOC#218278521 SEE DETAIL A o 0� DOC#218278521 I I a 0� 0°� LOT 2 - BLOCK A N �0 N BONDS RANCH MARKETPLACE I a CCF#D218278521 P.R.T.C.T. DOC#2108278521 1 5/8"IRS NEC 287/BONDS RANCH, LTD. 105.16' rn O 00 3 O QN a WW W � �J Q wLq Lrn N� OU �CL o� �a� d �IU Of J \N o. s No / NO. BEARING DISTANCE o \ °o yk 'N,$ L1 S 00' 19'59" W 65.57' N \'0sue L2 N 89'39'58" W 166.92' Nam; \\ PCs cp L3 S 00*20' 1 1 " W 22.04' to 2 L4 N 89'40' 14" W 15.00' L5 S 46'22'50" E 13.71' / /5 / �-30' PUBLIC ACCESS & UTILITY EASEMENT—� / DOC#218278521 - - - - - - / LINE TABLE N 1 BLUE SKY SURVEYING & MAPPING, CORPORATION 11015 MIDWAY ROAD DALLAS, TEXAS 75229 PHONE: (214) 358-4500 FAX: (214) 358-4600 DRPETREE@BLUESKYSURVEYING.COM TBPLS REGISTRATION No. 10105700 ENCROACHMENT AREA #513 LOT 2, BLOCK A BONDS RANCH MARKETPLACE ADDITION HENRY ROBERTSON SURVEY, ABST. NO. 1259 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS DATE: FEBRUARY 14, 2024 SCALE: 1 "=60' F:\US287HicksFortWorth\2023 - EncroachmentExhibits DETAIL A 50' DRAINAGE EASEMENT NOT -TO -SCALE ------------------ DOC#D208058357------------------------------ ------- 5/8"IRF N 86'53'38" E — 223.40' - 5' UTILITY EASEMENT 10' UTILITY EASEMENT - J OC#D218278521 D DOC#D218278521 _ - - ------ �— LOT 2 — BLOCK A I 1 \ BONDS RANCH MARKETPLACE I 1 \ CCF#D218278521 \ \ P.R.T.C.T. z \ \ \ NEC 287/BONDS RANCH, LTD. 1 20'X20" UTILITY EASEMENT 1 \\ DOC#D218278521 \\ o \ I I \\\ o \ L------- \ \ Z — — — — — — — — — — — — — — — — — — — — — — (11.9988 AC.) �\ 15' WATER EASEMENT LOT 1 — BLOCK A DOC#218278521 BONDS RANCH \ MARKETPLACE \ _ CCF#D218278521 ----_ _ _-------- P.R.T.C.T. --� �====`2===== KROGER TEXAS, LP. I I CCF#D219167453 1 \ D.R.T.C.T. 30' PUBLIC ACCESS & \ UTILITY EASEMENT I v 1 SANITARY SEWER ENCROACHMENT 15B DOC#D218278521 I OVER 15' \ I 1 WATER EASEMENT 15 LINEAR FEET � I L4 _ ------LPOB-------- LOT 2 — BLOCK A I I BONDS RANCH MARKETPLACE s/8 IRs 15' WATER ESMT - CCF#D218278521 DOC#218278521 1 P.R.T.C.T. O� O9 L - - - - J NEC 287/BONDS RANCH, LTD. N ENCROACHMENT AREA #5B BLUE SKY SURVEYING & MAPPING, CORPORATION LOT 2, BLOCK A 11015 MIDWAY ROAD DALLAS, TEXAS 75229 BONDS RANCH MARKETPLACE ADDITION PHONE: (214) 358-4500 HENRY ROBERTSON SURVEY, ABST. NO. 1259 FAX: (214) 358-4600 DRPETREE@BLUESKYSURVEYING.COM CITY OF FORT WORTH, TARRANT COUNTY, TEXAS TBPLS REGISTRATION No. 10105700 DATE: FEBRUARY 14, 2024 F:\US287HicksFortWorth\2023 - EncroachmentExhibits LEGAL DESCRIPTION BEING A TRACT OF LAND SITUATED IN THE HENRY ROBERTSON SURVEY, ABSTRACT NO. 1259, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, AND BEING PART OF LOT 2, BLOCK A OF BONDS RANCH MARKETPLACE, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS ACCORDING TO THE PLAT THEREOF RECORDED UNDER CLERK'S FILE NO. D218278521, PLAT RECORDS, TARRANT COUNTY, TEXAS, THE CENTERLINE OF SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 5/8" IRON ROD FOUND AT THE SOUTH END OF A CORNER CLIP AT THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF SHIRE MEADOW DRIVE AND THE SOUTH RIGHT-OF-WAY LINE OF HILLSHIRE DRIVE (60' RIGHT-OF-WAY), SAID POINT BEING THE MOST EASTERLY NORTHEASTERLY CORNER OF SAID LOT 2; THENCE SOUTH 00 20' 18" WEST ALONG THE WEST RIGHT-OF-WAY LINE OF SAID SHIRE MEADOW DRIVE AND THE EAST LINE OF SAID LOT 2, FOR A DISTANCE OF 65.57 FEET TO A POINT FOR CORNER IN THE SOUTH LINE OF A 15' WATER EASEMENT RECORDED IN AFORESAID PLAT OF BONDS RANCH MARKETPLACE ADDITION; THENCE NORTH 89' 39' 58" WEST LEAVING THE WEST RIGHT-OF-WAY LINE OF SAID SHIRE MEADOW DRIVE AND ALONG THE SOUTH LINE OF SAID 15' WATER EASEMENT FOR A DISTANCE OF 160.37 TO THE POINT OF BEGINNING; THENCE NORTH 00' 20' 02" EAST ACROSS SAID 15' WATER EASEMENT FOR A DISTANCE OF 15.00 FEET TO A POINT FOR THE END OF THIS DESCRIPTION. 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 TRACT. DAVID PETREE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 1890 Ap „D.....AVID PE.... TRE .... ..: 1890 �_ 9ti0 SUSR0��O_ BLUE SKY SURVEYING & MAPPING, CORPORATION 11015 MIDWAY ROAD DALLAS, TEXAS 75229 PHONE: (214) 358-4500 FAX. (214) 358-4600 DRPETREEQBLUESKYSURVEYING.COM TBPLS REGISTRATION No.10105700 LEGEND POC POINT OF COMMENCING POB POINT OF BEGINNING 5/8" IRF 5/8" IRON ROD FOUND ENCROACHMENT AREA #6 LOT 2, BLOCK A BONDS RANCH MARKETPLACE ADDITION HENRY ROBERTSON SURVEY, ABST. NO. 1259 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS DATE: APRIL 05, 2024 SCALE: 1"=60' F:\US287HicksFortWorth\2024 - EncroachmentExhibits (75.732 ACRES) LOT 1 - BLOCK 1 HIGHLAND MEADOWS ADDITION CCF#D212306375 P.R.T.C.T. CITY OF FORT WORTH CCF#D212309210 D.R.D.C.T. 0 30' 60' 120' GRAPHIC SCALE: 1 "= 60' 50' DRA INAGE EASEMENT DOC#D208058357 5' UTILITY EASEMENT RETAINING WALL ESMT DOC#D218278521 DOC#0218278521 ---- -----------------II �Q ------------- 5/8"IRF- ------ —_—_— — — — — -- J1 ` 5/8"IRF N 86'53'38E � 22340' " — —1 10'_ UTI—LITY EASEMENT POC 10, UTILITY ESMT. \ 3 DOC#D218278521 S, 4.206 ACRE TO CITY OF AY EASEMENT FORT WORTH CCF# D208058362 L8iERE DRIVE (60' RIGHT—OF—WAY) CCF# D212306375 105.16' DOC#0218278521 20'X20" UTILITY EASEMENT i i N �E ETA L A DOC#D218278521 — I W (11.9988 A .) \Eo PQg 15' DRAINAGE EASEMENT�� LOT 1 — BLOC A �QC# 18278521 ' IONDS RANCH MARK PLACE p �� cn a Q 3 M CCF#D218278521\ z I I 15' WATER EASEMENT POSE 13 300 P.R.T.C.T. ao `` o w � o ` DOC#218278521 I � o N o o CO KROGER TEXAS, LP. o _ _ _ _ I 04 5/8"IRS I 30' PUBLIC ACCESS & o o� 00 CCF#D219167453 L �J D.R.T.C.T. / UTILITY EASEMENT - W � 15' WATER ESMT DOC#D218278521 w U F DOC#218278521 POSE � o /N5N 5/8"IRS 5 LOT 2 - BLOCK A BONDS RANCH MARKETPLACE CCF#D218278521 P.R.T.C.T. DOC#218278521 POSE — NEC 287/BONDS RANCH, LTD. DOC#218278521 i / �'30' PUBLIC ACCESS & UTILITY EASEMENT—� / DOC#218278521 / / LINE TABLE N o 0, ` o < / h\A NO. BEARING DISTANCE N - L1 S 00*20' 18" W 65.57' 1� Nw osa' L2 N 89'39'58" W 160.37'� L3 N 0'20'2" E 15.00' L4 S 46'22'50" E 13.71' \ �\ rn O I 0 N O C� BLUE SKY SURVEYING & MAPPING, CORPORATION 11015 MIDWAY ROAD DALLAS, TEXAS 75229 PHONE: (214) 358-4500 FAX (214) 358-4600 ORPETRREEQBLUESKYSURVEYING.COM TBPLS REGISTRATION No.10105700 a ^ J a w u� NZ COH N�0U 00 Q F �a NQ� 00 �a �IU J ENCROACHMENT AREA #6 LOT 2, BLOCK A BONDS RANCH MARKETPLACE ADDITION HENRY ROBERTSON SURVEY, ABST. NO. 1259 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS DATE: APRIL 05, 2024 SCALE: 1"=60' F:\US287HicksFortWorth\2024 - EncroachmentExhibits DETAIL A 50' DRAINAGE EASEMENT NOT -TO -SCALE ------------------ DOC#D208058357------------------------------- ----- --- 5/8-IRF N 86'5338" E - 223.40 — — — — — — — - - - EASEMENT 10' UTILITY EASEMENT C#D218278521 � 5 UTILITY — J DO - DOC#D218278521 — — — ------�— LOT 2 - BLOCK A I I \ BONDS RANCH MARKETPLACE I I \ CCF#D218278521 \ \ P.R.T.C.T. z \ < C° \ NEC 287/130NDS RANCH, LTD. I I \ \ oo \ \ i °' \\ 20'X20" UTILITY EASEMENT \ DOC#D218278521 \\ o \ I I \\\ o \ L------J \\\ z -- - - - - - - - - - - - - - - - - - - - \\ \ PRIVATE WATER (11.9988 AC.) 15' WATER EASEMENT--::M .l ENCROACHMENT #6 LOT 1 - BLOCK A \ J OVER 15' BONDS RANCH \ DOC #218278521 WATER EASEMENT MARKETPLACE \ _ 15 LINEAR FEET CCF#D218278521 -- — — — — — _ _ _ — — P.R.T.C.T.-------�_ L2 --- KROGER TEXAS, LP. I I CCF#D219167453 I I PO B \ D.R.T.C.T. 30' PUBLIC ACCESS & \ UTILITY EASEMENT DOC#D218278521 I I I I _ — — — — — — — — — L — — — — — — — — — — LOT 2 - BLOCK A BONDS RANCH MARKETPLACE 5/8-IRS 15' WATER ESMT - I CCF#D218278521 DOC#218278521 I I P.R.T.C.T. L — — — — J NEC 287/130NDS RANCH, LTD. BLUE SKY SURVEYING & MAPPING, CORPORATION 11015 MIDWAY ROAD DALLAS, TEXAS 75229 PHONE: (214) 358-4500 FAX (214) 358-4600 ORPETRREEQBLUESKYSURVEYING.COM TBPLS REGISTRATION No.10105700 ENCROACHMENT AREA #6 LOT 2, BLOCK A BONDS RANCH MARKETPLACE ADDITION HENRY ROBERTSON SURVEY, ABST. NO. 1259 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS DATE: APRIL 05, 2024 F:\US287HicksFortWorth\2024 - EncroachmentExhibits LEGAL DESCRIPTION BEING A 23.57 SQUARE FOOT (0.0005 ACRE) TRACT OF LAND SITUATED IN THE HENRY ROBERTSON SURVEY, ABSTRACT NO. 1259, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, AND BEING PART OF LOT 2, BLOCK A OF BONDS RANCH MARKETPLACE, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS ACCORDING TO THE PLAT THEREOF RECORDED UNDER CLERK'S FILE NO. D218278521, PLAT RECORDS, TARRANT COUNTY, TEXAS, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN "X" FOUND IN CONCRETE IN THE NORTH RIGHT-OF-WAY LINE OF E. BONDS RANCH ROAD (ALSO KNOW AS EAST HICKS ROAD AND COUNTY ROAD 4005), RIGHT-OF-WAY WIDENTED BY DEED RECORDED UNDER CLERK'S FILE NO. D218278521, PLAT RECORDS, TARRANT COUNTY, TEXAS, SAID POINT BEING THE SOUTHEASTERLY CORNER OF LOT 4 AND THE SOUTHWESTERLY CORNER OF LOT 3, BLOCK A OF SAID BONDS RANCH MARKETPLACE ADDITION; THENCE NORTH, DEPARTING THE NORTH RIGHT-OF-WAY LINE OF SAID E. BONDS RANCH ROAD AND ALONG THE EAST LINE OF SAID LOT 4 AND THE WEST LINE OF SAID LOT 3 FOR A DISTANCE OF 243.95 FEET TO A POINT FOR CORNER, SAID POINT BEING THE SOUTHWESTERLY CORNER OF SAID LOT 2, NORTHEASTERLY CORNER OF SAID LOT 5 AND THE NORTHWESTERLY CORNER OF SAID LOT 4, AND BEING IN THE SOUTH LINE OF A 15' WATER EASEMENT AND 30' PUBLIC ACCESS & UTILITY EASEMENT AS SHOWN ON THE AFORESAID PLAT OF BONDS RANCH MARKETPLACE ADDITION; THENCE EAST ALONG THE NORTH LINE OF SAID LOT 3 AND THE SOUTH LINE OF SAID LOT 2 AND 15' WATER EASEMENT AND 24' PUBLIC ACCESS & UTILITY EASEMENT, FOR A DISTANCE OF 22.68 FEET TO THE POINT OF BEGINNING; THENCE NORTH 17' 19' 15" WEST LEAVING THE NORTH LINE OF SAID LOT 3 AND ACROSS SAID 15' WATER EASEMENT AND 30' PUBLIC ACCESS & UTILITY EASEMENT, FOR A DISTANCE OF 15.71 FEET TO A POINT FOR CORNER IN THE NORTH LINE OF SAID 15' WATER EASEMENT; THENCE EAST ALONG THE NORTH LINE OF SAID 15' WATER EASEMENT FOR A DISTANCE OF 1.57 FEET TO A POINT FOR CORNER; THENCE SOUTH 17' 19' 15" EAST LEAVING THE NORTH LINE OF SAID 15' WATER EASEMENT AND ACROSS SAID 30' PUBLIC ACCESS & UTILITY EASEMENT, AND 15' WATER EASEMENT FOR A DISTANCE OF 15.71 FEET TO A POINT FOR CORNER IN THE SOUTH LINE OF SAID LOT 2 AND 30' PUBLIC ACCESS & UTILITY EASEMENT AND 15' WATER EASEMENT AND THE NORTH LINE OF AFORESAID LOT 3; THENCE WEST ALONG THE SOUTH LINE OF SAID LOT 2 AND 30' PUBLIC ACCESS & UTILITY EASEMENT AND 15' WATER EASEMENT AND ALONG THE NORTH LINE OF SAID LOT 3, FOR A DISTANCE OF 1.57 FEET TO THE POINT OF BEGINNING AND CONTAINING 23.57 SQUARE FEET OR 0.0005 ACRES OF LAND, MORE OR LESS. BLUE SKY SURVEYING & MAPPING, CORPORATION 11015 MIDWAY ROAD DALLAS, TEXAS 75229 PHONE: (214) 358-4500 FAX. (214) 358-4600 DRPETREEQBLUESKYSURVEYING.COM TBPLS REGISTRATION No.10105700 ENCROACHMENT AREA #8 LOT 2, BLOCK A BONDS RANCH MARKETPLACE ADDITION HENRY ROBERTSON SURVEY, ABST. NO. 1259 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS DATE: APRIL 05, 2024 SCALE: 1"=60' F:\US287HicksFortWorth\2024 - EncroachmentExhibits 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 TRACT. _ DAVID PETREE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 1890 0 FTC DAVI D .... ET... E 1890 o�P � Essi ,(0 N LINE TABLE N NO. BEARING DISTANCE L1 EAST 22.68' L2 N 17' 19' 15" W 15.71 ' L3 EAST 1.57' L4 S 17' 19' 15" E 15.71 ' L5 WEST 1.57' LEGEND POC POINT OF COMMENCING POB POINT OF BEGINNING 5/8" IRF 5/8" IRON ROD FOUND BLUE SKY SURVEYING & MAPPING, CORPORATION 11015 MIDWAY ROAD DALLAS, TEXAS 75229 PHONE: (214) 358-4500 FAX. (214) 358-4600 DRPETREEQBLUESKYSURVEYING.COM TBPLS REGISTRATION No.10105700 ENCROACHMENT AREA #8 LOT 2, BLOCK A BONDS RANCH MARKETPLACE ADDITION HENRY ROBERTSON SURVEY, ABST. NO. 1259 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS DATE: APRIL 05, 2024 SCALE: 1"=60' F:\US287HicksFortWorth\2024 - EncroachmentExhibits \ \ 0 30' 60' 120' \ \ LOT 2 - BLOCK A ". ■-_� (11.9988 AC.) \ \ BONDS RANCH MARKETPLACE LOT 1 - BLOCK A \ CCF#D218278521 BONDS RANCH MARKETPLACE\ `� P.R.T.i .T. GRAPHIC SCALE: 1 "-60' CCF#D2T.C.T. 21 \ \\ 1.2571 ACRES P.R.T.C.T. RIGHT OF WAY VACATION KROGER TEXAS, LP. ORDINANCE NO. 23212-05-2018 \tV Z CCF#D219167453 0 Z w Z 0.9848 ACRES rn w g Lo D.R.T.C.T. r RIGHT OF WAY VACATION v a- ..I '0 I, 30' PUBLIC ACCESS & ORDINANCE NO. 23212-05-2018 OC/) r UTILITY EASEMENT �, I c) n 0 DOC#218278521 w 30' PUBLIC ACCESS & m w o 15' WATER EASEMENT \ UTILITY EASEMENT � C) DOC#218278521 / \ DOC#D218278521 I �. U) Q ----------- 8.52' L _ �S_EE DETAIL A 5/8"IRS w x 21.30-� EAST - 170.00' \ I ^L 1 179.01 ' 10' UTILITY EASEMENT . 15WATER EASEMENT �I DOC#D218278521 i DOC#D218278521 24' PUBLIC ACCESS & _ = 15' SAN. SWR. EASEMENT UTILITY EASEMENT I DOC# D218278521 0 DOC#D218278521 co 6 h � a 0.9996 AC.,- Q I LOT 3- BLOCK A M N BONDS RANCH MARKETPLACE00 C4 CCF#D218278521 N w 0.9505 AC. I: I It P.R.T.C.T. o �' LOT 4 - BLOCK A .co BONDS RANCH MARKETPLACE CCF#D218278521 I NEC 287/BONDS RANCH, LTD. P.R.T.C.T. O NEC 287/BONDS RANCH, LTD. 2 I 10' UTILITY EASEMENT DOC#D218278521 5' UTILITY EASEMENT DOC#D218278521 co -------- --�— �— — — — — — — U'l 20' S.S. EASEMENT �50' SANITARY SEWER ESMT. j DOC#D208160250 DOC#D218278521 j -- - - - - - - - - - - - - - - - - 170.00' I POSE 159.01, �`�% — — — — s ------------------ 24.00�24.00' 129.00' — -/ ——F4.00' — — — — — —L ........•.•.• ;E)LM — — 149.01 — — — (0.1663 AC.) (0.6$67 At.)....................................................................................................................................... 24' RIGHT-OF-WAY DEDICATION 24' RIGHT-OF-WAY DEDICATION DOC#D218278521 DOC#D218278521 E. BONDS RANCH ROAD HENRY ROBERTSON SURVEY, ABSTT, NO. 1259 — — (EAST HICKS ROAD) (COUNTY ROAD 4005) WILLIAM REDFIELO SURVEY, ABST NO. 1348 (CALLED 86' RIGHT-OF-WAY) BLUE SKY SURVEYING & MAPPING, CORPORATION 11015 MIDWAY ROAD DALLAS, TEXAS 75229 PHONE: (214) 358-4500 FAX (214) 358-4600 DRPETREEQBLUESKYSURVEYING.COM TBPLS REGISTRATION No.10105700 ENCROACHMENT AREA #8 LOT 2, BLOCK A BONDS RANCH MARKETPLACE ADDITION HENRY ROBERTSON SURVEY, ABST. NO. 1259 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS DATE: APRIL 05, 2024 SCALE: V=60' F:\US287HicksFortWorth\2024 - EncroachmentExhibits (11.9988 AC.) LOT 1 — BLOCK A BONDS RANCH MARKETPLACE CCF#D218278521 P.R.T.C.T. KROGER TEXAS, LP CCF#D219167453 D.R.T.C.T. i �30' PUBLIC ACCESS UTILITY EASEMENT DOC#218278521 LOT 2 — BLOCK A BONDS RANCH MARKETPLACE CCF#D218278521 P.R.T.C.T. w I \\ w 13'_ I 30' PUBLIC ACCESS &— UTILITY EASEMENT I DOC#D218278521 I � STORM (ISEWER & ENCROACHMENT #8 OVER WATER EASEMENT I 23. 5; S. F. I I L3 --------------------------------+--------+--------- ----- ---------------- I I 4 r15' WATER EASEMENT DOC#218278521 co N I � I � � r EAST — 170.00' I \ DETAIL A NOT -TO -SCALE � I \I — — — — + — — — — — - 10' UTILITY EASEMENT — DOC#D218278521 yll—--------------� I 0.9505 AC. LOT 4 — BLOCK A BONDS RANCH MARKETPLACE CCF#D218278521 P.R.T.C.T. z ww� NEC 287/13ONDS RANCH, LTD. v w LO QQ00 U W 00 J N 0] � J � U � O N .X"su `' I L 1 5 179.01 ' / POB 1 —L--� 15' WATER EASEMENT— DOC#D218278521 I I I LOT 3 — BLOCK A BONDS RANCH MARKETPLACE CCF#D218278521 w P.R.T.C.T. cn � kjl I �1 1 w � NI 04 04 co II 04 z 0 �I 0 o �I 1 2 I I I I I � I BLUE SKY SURVEYING & MAPPING, CORPORATION 11015 MIDWAY ROAD DALLAS, TEXAS 75229 PHONE: (214) 358-4500 FAX (214) 358-4600 ORPETRREEQBLUESKYSURVEYING.COM TBPLS REGISTRATION No.10105700 ENCROACHMENT AREA #8 LOT 2, BLOCK A BONDS RANCH MARKETPLACE ADDITION HENRY ROBERTSON SURVEY, ABST. NO. 1259 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS DATE: APRIL 05, 2024 F:\US287HicksFortWorth\2024 - EncroachmentExhibits (nt4/ STA 14+27 94-S.S. NO.1 CONSTRUCT STD 4' CU MH W/CONC. z COLLAR AND WATER GHTMH INSERT STUB OUT 10 LF OF 0* PVC (SDR-25) TO THE NORTHEAST )N 0,50% AND PLUG 14 —16176 co S.S. LINE NO. 1 PVC SANMMY SF.WER CURVE DATA CURVE NO 2 ON RAhfp T-25a.DO L-515.91' LC-N42*59' -W 1, 515.07 P7 WARNING TO -Q0NTlRAQ70R-* STA. 18+15.47-5.5. LINE NOA D A CALL 1-800-344-8377 (DIG-TESS) OR OTHER UTILITY COLLAR ANCONSTRUCTD STWATER 4' DTI MH ./CONC. GHT MH INSERT LOCATING SERVICES 48 HOURS PRIOR TO CONSTRUCTION ACTIVITY. WELCH ENGINEERING, INC. IS NOT RESPONSIBLE FOR KNOWING ALL EXISTING UTILITIES OR DEPICTING lozo S-16176 EXACT LOCATIONS OF UTILITIES ON DRAWNGS. SANITARY SEWER 1. 745 ;OA 1, .9' AW; (-%W-M) I I S", . w# iff 47--s 5 Loc ',vas AAV s7o 41 om w V NK APY-05 Mrdoo— umw 2r, o 7x- 2, 740 Ar 735 -1-777 (4 6- ........... Jos em'l, VA<LA- T 5 4r '2' SVR-Jer wx 229 4f 725 *'=A (sw M .720 S-16176 , : I , GEC, SAMZ�iY SME 21E Afa 715 ff IN t IR N 12 13 14 15+00 16 17 18 EXHIBIT B Franchise Utility Letters Tier II Easement Encroachment Agreement Page 11 of 12 Revised 12/2022 'ALTMOS energy February 12, 2024 Robert Pruett Urban Strategy Development Group, LLC 1100 E Campbell Road, Suite 210 Richardson, Texas 75081 Re: Encroachment into Utility Easement Not Containing Any Franchise Utilities -Bonds Marketplace Addition -Recorded in Instrument No. D218278521 Robert Pruett, Upon your request I have reviewed the location of the gas facilities near your project site. Atmos does not object to the encroachment located at the property listed above. Verification of the gas line can be obtained through 811 Call Before You Dig. Any damages to Atmos facilities due to such encroachment will be billed to the party causing the damage. If you have any questions, please contact me at 214-549-7144. Sincerely, Bobby Oney Project Manager Atmos Energy Corporation 100 West Momingside Fort Worth, Texas 76110 FRANCHISE UTILITY LETTERHEAD 02/14/224 Robert Pruett Urban Strategy Development Group, LLC 1100 E. Campbell Road, Suite 210 Richardson, Texas 75081 Re: 113 E Bonds Ranch RD Fort Worth, TX 76179 (32.925989,-97.356697) Re: Encroachment into Utility Easement NOT Containing Any Franchise Utilities BONDS RANCH MARKETPLACE ADDITION RECORDED IN INSTRUMENT NO. D218278521 Dear Robert, Upon your request, I have reviewed the location of the Spectrum facilities near your project site. Spectrum does not object to the encroachment located at the property listed above. Verification of the Fiber Optic / HFC line can be obtained through 811 Call Before You Dig. Any damage caused to any facilities due to such encroachment will be billed to the party causing the damage. If you have any questions, please contact me at 817 298-3554 Sincerely, Troy Hopson € Business Development Specialist (0) 817-298-3554 Ceti 682-599-2989 8545 Airport Freeway #108 € North Richland hills TX 76180 AT&T AT&T Right -of -Way 13845 FAA Blvd. Fort Worth, TX 76155 July 11, 2024 Robert Pruett Urban Strategy Development Group, LLC 1100 E. Campbell Road, Suite 210 Richardson, Texas 75081 RE: AT&T Letter of No Objection — Easement Encroachments Bonds Ranch Marketplace Addition — Lots 1-6, Block A — D218278521 Fort Worth, Tarrant County, Texas Dear Robert, Southwestern Bell Telephone Company, d/b/a AT&T Texas, has no objections to the encroachment of multiple easements on the properties referenced above: 105, 113, 133, 205, 211, and 229 E Bonds Ranch Road. It is not the intent of this letter to waive any rights granted to AT&T in said platted utility easements or right-of-way except to permit this encroachment. AT&T shall continue to have unrestricted access to, on and across the easement/right-of-way for installation, repairs, replacement, or upgrades to facilities. There could be overhead and/or underground facilities within the area. Exercise extreme caution with respect to such facilities. Contact Texas811 for underground locates before any digging is done. Costs of any damages to facilities would be at your expense. Please let me know if you have any questions or concerns. Sincerely, /. /.% Ray . Garcia AT&T — Sr. Specialist OSP Design Engineer I Right -of -Way 817-550-7576 ray.aarcia@att.com July 22nd, 2024 Customer I Contractor Name: Street Address: City / State / Zip: KROGER I Urban Strategy US Hwy 287 & E. Bonds Ranch Road Fort Worth, Texas 76131 ONCOR Electric Delivery LLC 777 Main St. Suite 707 Fort Worth, TX 76102 817-215-5301 Ally Betancur Right of Way Analyst Re: Drainage Encroachment on a 30' Public Utility and Access Easement: Kroger — Bonds Ranch Marketplace Bob Pruett, In response to your email dated February 7th, 2024, Oncor Electric Delivery has no objections to the request to install a drainage system within a 30' Public access and utility easement on the property line of US Hwy 287 & E. Bonds Ranch Road Fort Worth, Texas 76131 better known as Lots 1-6 Block A Bonds Ranch Marketplace as indicated on the attached Exhibit that was provided. Sincerely, Ally Betancur Right of Way Analyst EXHIBIT C Certificate of Insurance Tier II Easement Encroachment Agreement Page 12 of 12 Revised 12/2022 ^