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HomeMy WebLinkAboutContract 61828Date Received: 8/12/2024 Record Number: PN22-00162 Time Received: City Secretary No..-. 61828 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER H 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 Pate Ranch Commercial, LP, a 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 6701 Altamesa Boulevard, Fort Worth, Texas 76123 ("Property"), as recorded in Deed Record, more particularly described as, Lot 1, Block A, Parchaus Tavolo Addition, being a 23.829 acre tract of land situated in the J. Heath Survey, Abstract No. 641, by Instrument Number D215248527, in Tarrant County, Texas, and; WHEREAS, the City owns a water easement 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 FS-22-279; 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: 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 private water and sewer lines (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 OFFICIAL RECORD Tier II Easement Encroachment Agreement Page 1 of 13 CITY SECRETARY Revised 12/2022 FT. WORTH, TX 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 by Licensee 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 not 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 by Licensee. 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 by Licensee, Licensee shall pay to City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department, or their duly authorized representative. 4. Licensee agrees that City may enter and utilize the Public Property at any time for any public purpose, including installing, repairing, replacing, or maintaining improvements to its public facilities or utilities necessary for the health, safety, and welfare of the public. The City shall have no responsibility or liability for any damages related to the Encroachment resulting from the City's use of the Public Property; however, the City shall make reasonable efforts to minimize such damage. J 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. Tier II Easement Encroachment Agreement Page 2 of 13 Revised 12/2022 G. 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 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. 9. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR Tier It Easement Encroachment Agreement Page 3 of 13 Revised 12/2022 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 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 Tier II Easement Encroachment Agreement Page 4 of 13 Revised 12/2022 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 respondent 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. 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. Tier 1I Easement Encroachment Agreement Page 5 of 13 Revised 12/2022 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 jSIGNATURES APPEAR ON FOLLOWING PAGE] Tier II Easement Encroachment Agreement Page 6 of 13 Revised 12/2022 City: CITY OF FORT WORTH By: Dalton Hug 12, 202415:26 CDT) D.J. Harrell, Director of the Development Services Department Date: Aug 12, 2024 coy nnL p�� FFORT�;9ad ATTEST: ° �o °ate°s °=0a oaa� bEun54b Jannette Goodall, City Secretary Date: Aug 12, 2024 Licensee: Pate Ranch Commercial, LP a Texas limited partnership By: TKG Pate Ranch Commercial Realty, LLC a Missouri limited liability company its general partner By: PRA Pate Ranch GP, LLC a Texas limited liability company its administrator By:GO %, N�e: J ajHw Title: Vic resi Date:? --7 - Z Approved As To Form and Legality if v Pvoii kiw ki-,7enw ti Mato-ltlm, ahh Hye Won Kim for Jeremy Anato-Mensahh Aug 12, 202a'13:49 CDT) Jeremy Anato-Mensah Assistant City Attorney Date: Aug 12, 2024 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Rebecca Owen (Aug 12, 202413:50 CDT) Rebecca Owen Development Services Date: Aug 12, 2024 Tier I1 Easement Encroachment Agreement Page 7 of 13 OFFICIAL RECORD CITY SECRETARY Revised 12/2022 FT. WORTH, TX j11jMV_lHN"i"'yeiNr&IJagjj�rLdLoJ:4li:l/JWWt 1jIl.'iA1 aAA" 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. Wesu% ameddel- Wendy Beardslee (Aug 12, 2024 15:43 CDT) Notary Public in and for the State of Texas O�p(tyA�WENDY L BEARDSLEE Notary Public , * * STATE OF TEXAS After recording return to:Notary I.D. 13323719-3 ' Development Services Department �OF My Comm. Exp. July 28, 2025 ' Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 Tier II Easement Encroachment Agreement Page 9 of 13 Revised 12/2022 STATE OF § COUNTY OF �,�� § BEFORE ME, the undersigned authority, a Notary Public in and for the State of ( (--2X 0t S , on this day personally appeared �y,Tvll0aiAHawts.al� known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes Land consideration therein expressed, as the act and deed ofroTe-?-atA t,IW(C14,a TGxas kmtW FaC+4o- S�t t p , and in the capacity therein stated. 'G—IVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2424. JENNIFER LEGER aVB,, sx, n� Notary Public. State of Texas comp sa zoz7No y Pubfort Notary State of o . —. —...1. co sws.�rry i i Tier II Easement Encroachment Agreement Page 10 of 13 Revised 12/2022 EXHIBIT A Depiction and description of the Encroachment Pier 11 Basement Encroachment Agreement Page 11 of 13 Revised 12/2022 PARCEL NO.1PU-PT1 PERMANENT UTILITY EASEMENT CITY OF FORT WORTH DIRKS ROAD PROJECT J. F. HEATH SURVEY, ABSTRACT NO.641 EXHIBIT "A" Being a 0.215 acre tract of land situated in the J. F. Heath Survey, Abstract No. 641, City of Fort Worth, Tarrant County, Texas, and being a portion of'a tract of land described as Tract No. 2 deeded to A. M. Pate, Jr. as recorded in Volume 6691, Page 475 of the Deed Records of Tarrant County, Texas, said 0.215 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a 518 inch 'iron rod with cap stamped "GORRONDONA" set for the intersection of the proposed southerly right-of-way lzne of Dirks Road (C.R. 1043), a variable width fight -of -way, with the proposed westerly right-of-way line of State Highway 121; THENCE South 06 degrees 47 minutes 33 seconds West, with the proposed westerly right-of- way line of said State Highway 121, a distance of 15.05 feet to a point for comer; THENCE North 78 degrees 31 minutes 40 seconds West, a distance of 177.33 feet to a point for corner; THENCE North 83 degrees 17 minutes 06 seconds West; a distance of 178.80 feet to a point for corner; THENCE North 86 degrees 36 minutes 43 seconds West, a distance of 100.11 feet to a point for comer; THENCE North 77 degrees 51 minutes 33 seconds West, a distance of 20.15 feet to a point for corner; THENCE North 88 degrees 08 minutes 37 seconds West, a distance of 148,26 feet to a point for corner; THENCE North 01 degrees 53 minutes 25 seconds East, a distance of 15,00 feet to a paint for confer in the proposed southerly right-of-way line of said Dirks Road; THENCE South 88 degrees 08 minutes 37 seconds East, with the proposed southerly right-of- way line of said Dirks Road, a distance of 149.61 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" set for comer; Page I of 2 GORRONDONA & ASSOCIATES, {NC. 6707 BRENTwDOD STAIR RD. sunE so FORT WORTH, TF-K.A3 76112 aI7496-1424 FAX n7-496-im *ACS/TRC* TARRANT Doc: 000200963 Data: 07/28/2009 Vol: 0000000 Page: 00000 Page; 13 Of 19 PARCEL NO. IPU-PT1 PERMANENT UTILITY EASEMENT CITY OF FORT WORTH DIRKS ROAD PROJECT J. F. HEATH SURVEY, ABSTRACT NO.64I THENCE South, 77 degrees 51 minutes 33 seconds East, with the proposed southerly right-of- way line of said Dirks Road, a distance of 20.36 feet to a 518 inch iron rod with cap stamped' GORRONDONX' set for comer; THENCE South 86 degrees 36 minutes 43 seconds East, with: the proposed southerly right-of- way line of said Dirks Road, a distance of 99.40 feet to a 5/8 inch iron .rod with cap stamped "GORRONDONA" set for comer, THENCE South 83 degrees 17 minutes 06 seconds East, with the proposed southerly right of - way line of said Dirks road, a distance of 179,86 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" set for corner; THENCE South 78 degrees 31 ruinutes 40 seconds East, with the proposed southerly right-of- way line of said. Dirks Road, a distance of 176.73 feet to the POINT OF BEGINNING, and containing 9,380 square feet or 0.215 acres of land, mare or less, Notes: (1) A plat of even survey date herewith accompanies this legal description. (2) All bearings are referenced to the project control for State Highway 121. All bearings and distances are surface. Date: November 29, 2007 Richard Kennedy Registered Professional Land`k`y Texas No. 5527 � �, :1 ;-• 2 of 2 GORRONDONA & ASSOCIATES. INC. 67D7 BRFN WOOO STAIR RD. SUITE SO FORT WORTH. TEXAS 76112 817496.1424 FAX 817456-1768 JE *ACS/TRC* TARRANT Doc; 000200963 Date: 07/28/2009 Vol: 0000000 Page: 00000 Page: 14 Of 19 d rs m 00 N 0 0 H 0 0 ro w w m 0 0 0 ro a w Ln Ln O ro �o EXHIBIT. "A" DIRKS ROAD (C.R. 1043) PROPERTY LINE_ _ (VARIABLE WIDTH RIGHT—OF—WAY) PROPOSED SET 5/all? W/CAP RIGHT—OF—WAY GORRONDOW\ N 01'53'25'E 15.00' sL� 5/6'IR w/cw S 7r51'33�E'WRRr S 8WO 37-E 20.38` SET 7J DR w/CAP S 86.36'43'E cbnRDNouwt' i49.61'7.-.._ 99.4.0'.t!� s $3'T7p'pp06"E rI N 88'OS'. J - 100.111— N 88'38'43-W N 77'51'33'W TRACT NO. 1 TRACT NO, 2 A. M. PATE, JR. VOLUME 6691. PAGE 475 D.R.T.C.7 J. F. HEATH SURVEY ABSTRACT NO. 641 N &-P$7'o6"W PERMANENT UTILITY EASEMENT AREA 0,215 ACRES (3,3BO SQ.FT.) v I ONn SET 6_ 5 7g3i, N 78.3t3� f�f II II APPROXIVA7E LOCATION --.I 10.0` EASEMENT OF RIGHT—OF—WAY l T.E-S.CO. VOLUME 4631, PAGE 384 I I 11_R.T.C.T. I rrI I 1 II II P.O.B. S 1OW47'33'W 15.05' PROPOSED RIGHT-OF-WAY l STATE HIGHWAY 121 (1) A LEGAL DESCRIPTION OF EVEN SURVEY DATE 100 50 0 10.0 I I HEREMTH ACCOMPANIES THIS PLAT. (2) BEARINGS ARE REFERENCED TO THE PROJECT ?- �._. - I _-r•.^r'•� r I J l Z' w CONTROL FOR STATE 1,10- JAY 121. BEARINGS AND DISTANCES SHOWN ARE SURFACE. - SCALE IN FEET (G OF f'`r, } +�9- )l -i ty of Fort WorthDIl,,I�►J j �e ROAD +'=�t:.-r*, � � • =1 f • a1. �� PROJECT 1900 THROCKMGRTON STREET • FORT WORTH, TEXAS 75102 it.. ' '- .� •.` .)":. ,; . ` . 7,/ PN0. 1PU-PT1 f T'Ff�IPORARY CONSTRU,{1 ON EASEMENT TPW {Ja. )0768'� O N A. M. PATE, JR. DATE: t t /z9/2Da7 PAGE i OF 1 SURVEY: J. F. HEATH SURVEY, ABSTRACT NO. 641 JOB NO, 0704-1977 SCALE 1' — 100' LOCATION: CITY OF FO T ORTH TARRA (' UNTY S CHK BY: C5 DRAWN BY: RK %� �� REGISTERED PA RSNAL LAND SURV - EASEMENT ACQUISITIQN AiEEA: 9380 .SO.FT. 415 AI;HES CADO nLE: 1977 Lxhiblts,dwg NO. 5527 GORRONDONA k ASSOCIATES, 94C. • 6707 fill +NiW OD STAIR ROAD, SUITE 5a FORT WORTH, TX. 76112 • 817-496-1424 FAX B17-496-1758 PARCEL NO.1FU-PT2 PERMANENT UTHATY EASEMENT CITY OF FORT WORTH DIRKS ROAD PROTECT I F. REATH SURVEY, ABSTRACT NO.641 Exhibit "B" Being a 0,142,acre. tract of land situated in the J. F. Heath Survey, Abstract No. 641, City of Fort Worth, Tarrant County, Texas, and being a portion of a tract of land described as Tract No. 2 deeded to A. M. Pate, Jr. as recorded in Volume 6691, Page 475 of the Deed Records of Tarrant County, Texas, said 0.147, acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a 518 inch iron rod with cap stamped "GORRONDONA" set for the intersection of the proposed southerly right-of-way line of Dirks Road (C.R. 1043), a variable width right-of-way, with the easterly line of said Tract No. 2 and with die existing westerly right- of-way line of the Fort Worth. & Western Railroad (a 100.0' right-of-way); THENCE South 14 degrees 54 minutes 03 seconds West, with the easterly Iine of said Tract No. 2 and with the existing westerly right-of-way line of said Fort Worth & Western Railroad, a distance of 15.00 feet to a point for corner; THENCE North 74 degrees 30 minutcs 36 seconds West, a distance of 91.57 feet to a point for corner; THENCE North 76 degrees 47 minutes 55 seconds West, a distance of 329.19 feet to a point for comer in the proposed southerly right-of-way line of said Dirks Road; THENCE North 57 degrees 09 minutes 02 seconds East, with the proposed southerly right-of- way lire of said Dirks Road, a distance of 20.83 feet to a 518 inch iron rod with cap stamped "GORRONDONA" set for corner; THENCE South 76 degrees 47 minutes 55 seconds East, with the proposed southerly right-of- way line of said Dirks Road, a distance of 315.03 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA' set for corner; - THENCE South 74 degrees 30 minutes 36 seconds East, with the proposed southerly right-of- way line of said Dirks Road, a distance of 91.71 feet to the POINT OF REGEYNING, and containing 6,206 square feet or 0.142 acres of land, more or less. Page 1 of 2 QQRRONDONA&ASSOCIATES. INC. 6707BRENTWOODSTAIR RD. surmm FJRTWORTH.TFXAS 76112 $17.496-1424 FAX917.496-3769 *ACS/TRC* TARRANT Doc: 000200953 Date: 07/28/2009 Vol: 0000000 Page: 00000 Page: 16 Of 19 PARCEL NO.ITC,PT2 PERMANENT UTILITY EASENWNT CITY OF FORT WORTH DIRKS ROAD PROJECT J. F. HEATH SURVEY, ABSTRACT NO.641 Notes, (1) A plat of even survey date herewith accompanies this legal description. (2) All bearings are referenced to the project control for State Highway 121. All bearings and distances are surface. Date: November 29, 2007 �,•'�.�t;,J� -;`�'�'.��. it Richard Kennedy Registered Professional L and Texas No, 55277 ' of 2 � OORRONDONA A ASSOCIATES, INC. 6707 BRFtYIW00' D. 5UME 50 FORT WORTK TEXAS 76112 917-496.1424 FAX SI7.496.1769 *ACS/TRC* TARRANT Doc: 000200963 Date: 07/28/2009 Vol: 0000000 Page: 00000 Page: 17 Of 19 n H -„, EXHIBIT 'RGA p iC o N 5 G9' 2 E s� o 'm W/ erc rr _WAp o seT 5/a'ne wfcAa •'.... •-w.. •• �B"47'r. PKUPOS� o 'GtlARal�cfllh' �;•. .r�;•r::..... AICHT—MAY _ ST Sie,it w/GIP N N 7s'47' "�.... ::_::._3fs S RORooRA 0 J. F. HEATH SURVEY 4� P.O.B. r: •::::•.:::.- ABSTRACT NO. 641 1?,� !iv 74' '0 �, S 14''.S4'03�V f° PERMANENT 15.00, PROPOSED LMUTY tj RIGHT-OF-WAY EASEMENT TRACT Na. 1 co STATE HIGHWAY 121 TRACT NO. 2 D.T 2REA ACRES A. C. j VOLUMES e691 PPATAGE4 7s (5,2D8 so.FT.) C D-R.T.C.T- gt o L� o o � � 0 NOTES: o (1) A LEGAL CEScRIPTION OF EVEN SURVEY DATE 100 50 O 1O0 - o HERElVlM ACCOMPANIES T1iIS PLAT. - o (2) 13FAMNCS ARE REFEREmLo To THE PROJECT CONTROL FOR STATE HIGHWAY 121. BEARINGS rd AND DISTANCES SHD'NN ARE SURFACESCALE 1N FEET r( - r�t ley i�i ti�;�l���~�� fOl i�/ FU rtWorth DIRKS ROAD t� PROJECT a 1000 THRDCKMORTON STREET FORT WORTH. TEXAS 76162°PAR PU�1' I TEMPORARY CONSTRUC11ON EASEMENT TPW No. 00768 '•' �' w µ 0W A. M. PA R. DAM' 11/29/2007 PAGE 1 OF 1 SURVEY: J. F. HEATH SURVEY. ABSTRACT NO, 641 JOB NO. 07D4—i977 SCALE: 1" —ton' �1 . LOCH ON: CITY OF FORT WORTH TA€iRANT COUNTY TEXAS CHK BY: CS I DRAWN BY- RK AR REGlSiEREO P SAL LAND SUR n EASEMENT ACOUISMON AREA: 6306 SOST. OR 0.42 ACRFS CARD FILE: 1977 ExNbit3.dwn Ncr 5527 GORRONDONA & ASSOCIATES, INC. • 6707 BRENTWOOD STAIR ROAD. SURE 5D FORE WORTH. TX. 16112 • 8,7-496-1424 FAX B17-495-1759 BANK OF AMERICA, N.A. TRUSTEE OF THE CHRISTOPHER TODD MILLER REVOCABLE TRUST CREATED UNDER THE AGREEMENT DATED DECEMBER 7, 1996, as to an undivided 1.5625% interest, BANK OF AMERICA, N.A. TRUSTEE OF THE CHARLES PATRICK PATE, JR. REVOCABLE TRUST UNDER THE AGREEMENT DATED DUNE 7, 2007, as to an undivided 1.5625% interest, BANK OF AMERICA, N.A, TRUSTEE OF THE MASON LANSDEN PATE REVOCABLE TRUST UNDER THE AGREEMENT DATED JUNE 28, 2007, as to an undivided 1.042% interest, CHARLES PATRICK RATE as to an undivided 3,125% interest, TEXAS WESLEYAN UNIVERSITY, having taken title as TEXAS WESLEYAN COLLEGE, as to an undivided 6.250% interest, TEXAS CHRISTIAN UNIVERSITY as to an undivided 6.250% interest, and AUSTIN COLLEGE as to an undivided 6.250% interest. GRANTOR'S MAILING ADDRESS: GRANTEE: TO ALL GRANTORS: c/o Pamela A. Spadaro U.S. Trust, Bank of America Wealth Management 901 Main Street 16th Floor TX 1-492-16-03 Dallas, Dallas County, Texas 75202 City of Fort Worth GRANTEE'S MAILING ADDRESS: 1000 Throckmorton Street Fort Worth, Tarrant County, Texas 76102 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: Tract No. 2 deeded to A. M. Pate, Jr. and recorded in Volume 6691, Page 475, Deed Records of Tarrant County, Texas EASEMENT AREA: See the attached and incorporated Exhibits "A" and "B." GRANTOR, for the consideration paid to GRANTOR and other good an valuable consideration, hereby grants, sells, and conveys to GRANTEE, its successors and assigns, an exclusive, perpetual easement for the construction, operation, maintenance, replacement, upgrade, and repair of an underground permanent water main line, hereafter 2 *ACS/TRC* TARRANT Doc: 000200964 Date: 07/28/2009 Vol: 0000000 Page: 00000 Page: 2 Of 21 PERMANENT WATERLINE EASEMENT CITY OF FORT WORTH DIRKS ROAD 24" WATERMASN RELOCATIONS J. F. HEATH SURVEY, ABSTRACT NO.641 Exhibit "A" City Project No. 00204 Water No. P264-603170020442 DOE No, 4856 Being a 0.366 acre tract of land situated in the I. F. Heath Survey, Abstract No. 641, City of Fort Worth, Tarrant County, Texas, and being a portion of a tract of land described as Tract No. 2 deeded to A. M. Pate, Jr. as recorded in Volume 6691, Page 475 of the Deed Records of Tar -rant. County, Texas, said 0.366 acre net of land being more particularly described by metes and bounds as follows: BEG04NING at point in the easterly line of said Tract No. 2 and in the westerly rigl?t-of-way, line of the Fort Worth & Western Railroad (a 100.0' right-of-way), from which a 518 inch' iron rod with cap stamped "GORRONDONA" set for the intersection of the proposed southerly right- of-way line of Dirks Road (C.R. 1043), a variable width right-of-way, with the easterly line of said Tract No. 2 and the westerly right-of-way line of the port Worth & Western Railroad bears Nord~ 14 degrees 54 minutes 03 seconds East, a distance of 15.00 feet; THENCE South 14 degrees 54 minutes 03 seconds West, with the easterly line of said Tract No. 2 and with the westerly right-of-way line of said Fort Worth & Western Railroad, a distance of 20.00 feet to a point for corner; THENCE North 74 degrees 30 minutes 36 seconds West, a distance of 91.37 feet to a point for corner; THENCE North 76 degrees 47 minutes 55 seconds West, a distance of 313.03 feet to a point for corner; THENCE South 11 degrees 05 minutes 59 seconds West, a distance of 295.28 feet to a point for corner; THENCE North 81 degrees 12 minutes 27 seconds West, a distance of 25.02 feet to a point for corner in the proposed easterly right-of-way line of State Highway 121; TIWNCE North 11 degrees 05 minutes 59 seconds East, with the proposed easterly right-of-way line of State Highway 121, a distance of 307.23 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" set for the intersection of the proposed southerly right- of-way line of said Dirks Road with the proposed easterly right-of-way line of said State Highway 121, Page 1 of 2 GORRONpONA&ASSOCIA70.INC. 6707BRr-%TVG0DSTAIR RD. SUiTEM FORTWORni, TEXAS 76112 817A96-IQ4 FAN817-496•1768 *ACS/TRC* TARRANT Doc: 000200964 Date: 07/28/2009 Vol; 0000000 Page: 00000 Page: 13 Of 21 J PERMANENT WATERLINE EASEMENT CITY OF FORT WORTH DIRKS ROAD 241, WATERMANN RELOCATIONS J. F. BEATH SURVEY, ABSTRACT NO.641 City Project No. 00204 Water No. P264-603170020442 DOE No. 4856 THENCE North 57 degrees 09 minutes 02 seconds East, with the proposed southerly right-of- way line of said Dirks Road, a distance of 13.87 feet to a point for comer, from which a 5/8 inch iron rod with cap stamped "GORRONDONA" set for comer in the proposed southerly right-of-way line of said Dirks Road bears North 57 degrees 09 minutes 02 seconds East, a distance of 20.83 feet; THENCE South 76 degrees 47 minutes 55 seconds East, a distance of 329.19 feet to a point for corner; THENCE South 74 degrees 30 minutes 36 seconds East, a distance of 91.57 feet to the POINT OF BEGIN_-NING, and containing 15,958 square feet or 0,366 acres of land, more or less. Notes; (1) A plat of even survey bate herewith accompanies this legal description. (2) All bearings are referenced to the project control for State Highway 12L All bearings and distances are surface. Date., November 29, 2007 Richard Kennedy Registered Professional Land' r4yar Texas No. 5527 ti,! 2 of 2 GORRONDONA & ASSOCIA'i FS. M. 6707 BRENTWOOD STAIR RD. SllRE 50 FORT WORTH, TEXAS 761 S2 817-496-1414 FAX 817-446-1768 +ACS/TRC* TARRANT Doc: OOD200964 Date: 07/28/2009 Vol: 0000000 Page: 00000 Page: 14 Of 21 a J. F. HEATH SURVEY - ABSTRACT NO. 641 SC 5/6"M PROPOSED 25.0' RIGHT-OF-WAY STATE HIGHWAY 121 EXHIBIT "Ay" (C SEoAa WICAP�R � R' D43� Dr'-Z,aI- PROPOSED E&7 5/e'I14 W/cAP - "GUMNOCRA'- IP.O. B., .L-2 9 TRACT NO. 1 f . o x(, :; TRACT NO. 2 �q f U' A. M. PATE. JR.s' 3 VOLLNE wn. PACE 475 Lli1E TABU' o - �:;;;•; DIR.T,G.7. ((] a UNE BEAlUN13 DISTANCE_ . 0 14'54'0.i`E 75.00 a a L-x s 1454 20.00 o L-3 N 7430'36 91.37 _ v L-4 N 81'>, 21 25.02 ro L L-5 N 57 U2 1 3.87 L--8 N 57`09'02 20.83 I w L-7 S 7430'3V ', 91.57 � NOTE o () AS:LEG& DaCRPTIDN OF EVEN SURVEY DATE Ion 5ti fl- HEREWUH ACCOANPANIES THIS PLAT. _ a (2) BEARINGS ARE REFERENCED TO THE PRMCT rr r CINPTRDL FOR STATE HIGHVMY 121. nEARSNGS - - '." �' ; •., AND DISTANCES SHOWN ARE SURFACE. SCALE IN FEET W DIRKS ROAD tS City of Fort 'Worth z4 iYriTER � to s,1;. _, tti.;; �51LN ? xtt.�' ► ' - IND THROCKMORTON STREET • FORT WORTH, TEXAS 761Uz RELOCATIONS ro PERMANENT WATERLINE EASEMENT I CITY PROJECT NO. UO2.04 I WATER NO. P264-503 70020442 f DOE No. 4B58 N OWNER: A. M. PATE, JR. DATE- 11/29/2007 PAGE 1 0l SURVEY: J. F. HEATH SURVEY, ABSTRACT NO. 641 JUR NO. U704-1977 scA'E~ I. a ton'ICHARD n% LOCATION: CITY OF FORT WORTH TARRANT COUNTY TEXAS CHK BY: CS DRAWN BY: RK REGISTERED P�E ONAt LAND SU 1 EASEMENT ACQUISITION AREA- 19.958 SQ.FT. OR ON63 ACRES CARD FILE: 1977 Exhibi[dWq NO. 5527 GORRONDONA do ASSOCIATES, INC- • 6707 BRENTWOOD STAIR ROAD, SUfTE 50 FORT WORTH, TX. 78112 • 817-496-1424 PAX 817-496-1768 PERMANEW WATERLINE EASEMEM AREA 0.366 ACRES (15,95B SGST.) 37 .4 1 II, kiln 11 III 111161111 I I'll III 11.I I Ji.,.r1111 .,I 11116 N111 .iG.JI„1IdII I. .I I...., I1I I JJ IL I I,1n114.n I,1 Id11711LY1111, 11dI III III 111,111 PERMANENT WATERLINE EASEMENT City Project No. 00204 CITY OF FORT WORTH Water No. P264-603170020442 DIRKS ROAD 24" WATERMAIN RELOCATIONS DOE No. 4856 J. F. HEATH SURVEY, ABSTRACT NO. 641 EXHIBIT "A77 Being a 0.4479 acre tract of land situated in the J. F. Heath Survey, Abstract No. 641, City of Forl Worth,, 'Tarrant County, Texas, and being a portion of a tract of land described as Tract No. 2 - deeded to A. M. Pate, Jr. as recorded in Volume 6691, Page 475 of the Deed Records of Tarrant County, Texas, said 0.479 acre tract of land being more particularly described by metes and _ bounds as follows: BEGINNING at paint in the proposed southerly right-of-way line of Dirks Road (C.R. 1043), a variable width right-of-way, from which a 518 inch iron rod with cap stamped - "JGORRONDONA" set for comer in the proposed southerly right-of-way line of said Dirks Road bears South 88 degrees 08 minutes 37 seconds East, a distance of 149.66 feet; THENCE South 01 degrees 53 minutes 25 seconds West, a distance of 1.5.00 feet to a point for - corner; THENCE South 88 degrees 08 minutes 37 seconds East, a distance of 148.26 feet to a point for corner; THENCE South 77 degrees 51 minutes 33 seconds East, a distance of 20.15 feet to a point for comer; THENCE South 86 degrees 36 minutes 43 seconds Fast, a distance of 100.11 feet to a point for corner; THENCE South 83 degrees 17 minutes 06 seconds East, a distance of 178,80 feet to a point for corner; THENCE South 78 degrees 31 minutes 40 seconds East, a distance of 177.33 feet to a point for comer in the proposed westerly right-of-way line of State Highway 121, from which a 5/8 inch iron rod with cap stamped "GORRONDONA" set for the intersection of the proposed southerly right -of --way line of said Dirks Road with the proposed westerly right-of-way line of said State Highway 121 bears North 06 degrees 47 minutes 33 seconds East, a distance of 15,05 feet; Page I of OORRONDONA&ASSCWTATES.INC. 6XVSRENYWIAIR Rh Stimsu FORTNVURTH' TEXAS 767i2 911-496-1424 F!.X8174%-1768 I i1114111111 1 I .. 1. 1 nl , II 1, 1 1,i ,1 WIi11116.1,J1,1,.111 II I, NJ.6, .AD IJ,nl � 1111­1 1111 ad IJ 11. 111, .1..1111,1, Y 1111, 1 II1J. iW 1 111111,.111 11. 11 II .1h 110"Ii■ *ACS/TRC* TARRANT Doc: 000200964 Date: 07/28/2009 Vol: 0000000 Page: 00000 Page: 16 Of 21 iL . IYI nll lil.l I . 11 111 Ills IIII I,. Y IIII 1,I II IIII I.IiM III Y I. I I I II ills I .II.I 1.1 IL .iIJ I II J IJII i.1 .I .I. II II .I1. ii ..I Il. ltl.l'� PERMANENT WATERLINE EASEMENT City Project No. 00204 CITY OF FORT WORTH Water No. P264-603170020442 - DIRKS ROAD 24" WATERMAIN RELOCATIONS DOE No. 4856 J. F. HEATH SURVEY, ABSTRACT NO, 641 _ THENCE South 06 degrees 47 minutes 33 seconds West, with the proposed westerly right-of- way line of said State Highway 121, a distance of 327.44 feet to a point for corner, from which a 5/8 inch iron rod with cap stamped "GORRONDONA" set for corner in the proposed westerly right-of-way line of said State highway 121 bears South 06 degrees 47 minutes 33 seconds West, a distance of 15,01 feet; THENCE North 81 degrees 12 minutes 27 seconds West, a distance of 25.00 feet to a point for corner; THENCE North 06 degrees 47 minutes 33 seconds past, a distance of 309.42 feet to a point for corner; THENCE North 78 degrees 31 minutes 40 seconds West, a distance of 153.06 feet to a point for comer; THENCE North 83 degrees 17 minutes 06 seconds West, a distance of 177.39 feet to a point for corner; THENCE North 86 degrees 36 minutes 43 seconds West, a distance of 101.06 feet to a point for corner; THENCE North 77 degrees 51 minutes 33 seconds West, a distance of 19,89 feet to a point for comer; THENCE North 88 degrees 08 minutes 37 seconds West, a distance of 166.48 feet to a point for corner; THENCE North 01 degrees 53 minutes 25 seconds East, a distance of 35.00 feet to a point for corner in the proposed southerly right-of-way line of said Dirks Road; THENCE South 88 degrees 06 minutes 35 seconds East, with the proposed southerly right-of- way line of said Dirks Road, a distance of 7.15 feet to a 5/8 inch iron rod with cap - stamped "GORRONDON' A" set for earlier; THENCE South 88 degrees 08 minutes .3? seconds East, with the proposed southerly right-of- way line of said Dirks Road, a distance of 12.85 feet to the POINT OF - BEGINNING, and containing 20,886 square feet or 0.479 acres of land, more or less. Page 2 of 3 C30PWNDONA&Assoc TAs,W. 6707BILE TWO013S'I'AIRRD SUITESD FORTWORTILIESAS 76112 917.496.1424 FAXSP-696-4769 1II11 II 1111. 11 1 I. I,il it 1 ,I. IId1 HI. III 1. 1111,1 I 1 I.ee l -i Vl i.11lM 1, a, i1141nIIIJ6. LI 1•11I.11 1 id 1 .oh 111. nIIIu1 Y11111i II III I. IIII. 1 1 1 *ACS/TRC* TARRANT Doc: 00020D9E4 Date: 07/28/2009 Vol: OOODD00 Page: 00000 Page: 17 Of 21 PERMANENT WATERLINE EASEMENT City Project No. 00204 CITY OF FOR I' WORTH Water No. P264-603170020442 ! DIRKS ROAD 24" WATERMAIN RELOCATIONS DOE No. 4856 J. F. HEATH SURVEY, ABSTRACT NO.641 Notes: (1) A plat of even survey date herewith accompanics this legal description. (2) All bearings are referenced to the project control for State Highway 121, All bearings and distances are surface. Date: June 25, 2009 Richard Kennedy��. Registered Professionaj£I.�#it_vrjt; ,�'Y' _ Texas No, 5527 Page 3 of 3 U0RR6NT)0NA & ASSOCIATES, $Nf'. 6" fiRLA i,%% i x311 i i -1IH 111', UrM SO FORT WORTIL TEXAS 7611.2 817.496-:424 FAX W-496-176$ - i I 1 .I - . - . I i III 1 . I. . I . 1.111 illii. l� ., . ,. I I i i I . l *ACS/TRC* TARRANT Doc: 000200964 Date: 07/28/2009 Vol: 0000000 Page: 00000 Page: 18 Of 21 t i 0 0 10 10 su 0 PROPMY IME 1 11 EXHIBIT "B"s 54- W/CAP -GMRONDONA* SU 5/8-114 W/CAP "CORRDNDONA" -'Z"\-SEE DETAIL �W DIRKS ROAD (C.R. 1043) (VMABtE MOTH RIGHT-OF-WAY) ii II SET 5/8-!R WIGAP 1 iI 7 5/8-IR WICAP "GORRONDONA" PROPOSED RIGHT-OF-WAY STATE HIGHWAY 121 120 60 0 120 N 7 Wr-"---- 3 SCALE IN FEET NOTES: L:11'4l I . 16644 , 11 X (1) A LEGAL DESCRIPTION OF EVEN SURVEY DATE L-15 s 01,53,25,E 35-�iC z KEREWT1H ACCOMPANIES THIS PLAT. L-16 S WW (2) BEARINGS ARE RLMR-F.14CED TO THE PR(MIECT ............ L-17 S MOCi;-E I 12-85 CONTROL FOR STATE HICKNNY 121 BEMNCS AND DISTANCES SHOWN ART SURFACEz &Q,Wo City of Fort Worth 24DIRKS " WA TERROAD MA IN 1000 THROCKWORTON STREET - FORT WORTH, TEXAS 75102 RELOCATIONS PERMANENT WATERLINE F-AaMENI I CITY PROJECT NO. 00204 1 WATER NO- P264-603.7002-0442 I DOE No. 4855 1 oft F. HEATH SURVEY ABSTRACT No. � 641 JOB NO0704-197 PAGE OWNER: A. M. PATE, JR. DATE: 06-25-2009 SURVEY: J. 7 SCALE-- I' � 120' LOCATION; CITY Or FORT WORTH. TAPRANT COUNTY TEXAS CHK BY: CS j DRAWN BY: RK RIC ARD EASEMENT ACQUISITION AREA. 20,886 SQ.F-t. OR 0.�79 ACRES C" FILE: 1977 &hibitAdwg NO 5.527 GORRONDONA & AS-50CLATES, INC, - 6707 BRINTWOOD STAR ROAD, SURE 50 FORT WOM, TX. 76112 - 817-496-1424 FAX 817-496-176a PROPOSED L RIGNT—OF—WAY L-14 SEE DETAIL 'A'-J 20.0*—' . J. F. HEATH SURVEY ABSTRACT NO. 641 ULIPJL M TRACT NO. 1 TRACT NO. 2 A. M. PATE, JR, "SET 5/8'IR */CAP VOWME 6091, PACE 475 'GORRONDONA- -7 D-R-T.C.T. a : L-17. PERMANENT WATERLINE ApmwmATE EASEMENT -ocAnoN----jl 10.00, VA&tWmT Of .... w-or-WAY AREA 0,479 ACRES LE S.M WIUIIE 4831. VAGL 384 (20.886 SOFT LINE TABLE LINE L_j OLARINC OMANIE S 88'0s'37"F-14966 L_, S 0 1 13'21 15.00 &D L_3 S 8tCB'37E 145.26 1 L-4 5 7751'Z3-E I L-5 S 13635'43-F 1 100.11 83-1706E 1 "".80 L-7 18-31,40'r ?7.33 N OW47-33-E: 'N --- 15.05.a& L-g ifl' ii� 1,W m 7W31 "40"W 153.06 $ 1 L-12,N 86-wo-%1 -t C . .06 25 0 25 50 1 " = 50' Basis of bearing derived 'IL from the State Plane M Coordinate System, Texas Varlab �5�4 B( North Central Zone 4202, �e Vb North American Datum of dt/T �O '! 1983, (2011). '--,.__Proposed Public 8° Sanitary Sewer IPRC22-0110 Encroachment 1 15' Utility Easement �GL'� �/• (Utility) Doc. No. 0209200963 d DRTCT 20' Water Easement Doc. No. D209200964 DRTCT Encroachment 2 (Water) —Encroachment 3 Encraa�en (Water) Ex, 24' Water (Wot t S X-21118 `-7 1 �1 8 10' Water Easement Doc. No. 0224067594 Encroachment 4 ' ~ OPRTCT (Water) LOT 1, BLOCK A PARCHAUS TAVOLO ADDITION DOC. NO. D224057594 OPRTCT � r r � c __1 r PAGE IOF I S SPIARS EASEMENT ENCROACHMENTS - VICINITY MAP ENGINEERING & SURVEYING I LOT 1, BLOCK A ?� CAM, Ren7, 5u� 100 • Oi m TA 75075 • 972AUX ? :.c, TU�S `'�"'M �k job I PARCHAUS TAVOLO ADDITION Drawn: Checked: Dote job No, ARS I MEE I r°-5o' 4/22/24 120-2.34 i CITY OF FORT WORTH, TEXAS Dmwing: c\202o ao6sy213-234 PorMn Tm Io, JPRC S't\fir h"nts\2o-234 F—ch—ts Erhbb.dN 3a k By: WAmp S-e Tf— 4/22/2024 4.34:2o Fu Pmtted sy: mewing Mot oat.: 4/22/2024 4,34 RM .4 METES & BOUNDS ENCROACHMENT 1 (UTILITY) BEING a tract of land situcted in the J. Heath Survey, Abstract No. 641, City of Fort Worth, Tarrant County, Texas, being a portion of Lot 1, Block A, PARCHAUS TAVOLO ADDITION, by plat recorded in Document No. D224067594 of the Official Public Records of Tarrant County, Texas (OPRTCT), the subject tract being more particularly described as follows: BEGINNING at a point on the north line of said Lot 1, also being the south right—of—way (R.O.W.) line of Altomeso Blvd (a variable width R.O.W.), from which the northernmost corner of said Lot 1 bears N 76'47'55" W, 37.98 feet; THENCE S 76'47'55" E, 2.15 feet along the shared line thereof; THENCE traversing said Lot 1, the following: S 08'23'07" E, 16.13 feet; N 76'47'55" W, 2.15 feet; N 08'23'07" W, 16.13 feet to the POINT OF BEGINNING with the subject tract containing 32 square feet or 0.001 acres of land. ENCROACHMENT 2 (WATER) BEING a tract of land situated in the J. Heath Survey, Abstract No. 641, City of Fort Worth, Tarrant County, Texas, being a portion of Lot 1, Block A, PARCHAUS TAVOLO ADDITION, by plat recorded in Document No. D224067594 of the Official Public Records of Tarrant County, Texas (OPRTCT), the subject tract being more particularly described as follows: BEGINNING at a point from which a 5/8 inch capped iron rod found on the east boundary of said Lot 1, also being the west line of Fort Worth & Western Railroad (called 100 foot right—of—way), bears S 03'42'20" E, 1222,77 feet; THENCE traversing said Lot 1, the following: N 76'47'55" W, 2.15 feet; N 08'23'07" W, 32.27 feet; S 76'47'55" E, 2.15 feet; S 08'23'07" E, 32.27 feet to the POINT OF BEGINNING with the subject tract contoining 65 square feet or 0.001 acres of land. PAGE 2 OF 8 LVSPIARS ENCROACHMENT 1 (UTIEITY) & ENCROACHMENT 2 (WATER) ENGINEERING & SURVEYING LOT I BLOCK A 7651"LaUrft44S4P.4i00 . PW",TX7577g • 472.422.00r. �° "a�2ck T&%la.F" "� ' "'""" e". Job PARCHAUS TAVOLO ADDITION Drawn: Checked: Date Job No, nRs I WE 4/22/24 20-234 CITY OF FORT WORTH, TEXAS Wowing: 0:\2020 JDM\26-234 PoW— Twolo\IM 5el\£nerooehnwft\20-U4 Encmect�Ewlk s,dn Swed By: Oning Swe Time: 4/22/2024 4:34:w PM PlWted by: mewing Plot Dots: 4/22/2024 4:34 PM ' Proposed Public 8" Sanitary Sewer (1PRC22-0110) ALT4A4� (a varlak. 'A SL Vpe Proposed Public / tndth k p, Sonitary Sewer Manhole (1PRC22-0110) POINT OF N�s¢�, " C BEGINNING oac r �— N 08'23'07" W 16,13' J � � etc i r ENCROACHMENT 1 Utility taseme�nt t me —CJ QQI Ac. ~ r32S.F.� _ Ex. 24" Water ~ 20' Water Easement P X-21118 Doc. No. 0209200964 DRTCr S 764755 E — 2.15' N _- W N 08'23'07" W 32.27'---r �10' Water' —,'_ ENCROACHMENT 2 & Easement . a»`-Flaseatlent llllllllt,- Doc, No,E' lIlC1C®�c�3II7[11:�ll1 =� 0224067594 94 0.007 Ac. �n QPRiCT r (55 S.F.) rf t r ' ! 111 _ r -N 76'47'55" W — 2.15' `n _ N PAGE 3 OF 8 LEGEND — — — EXISTING WATER/UTILITY EASEMENT PROPERTY LINE S 76'4T55" E 2.15' r _-1;4� 5 0 5 10 1 ° = 10' Basis of bearing derived from the State Plane Coordinate System, Texas North Central Zone 4-202, North American Datum of 1983, (2011). 08'23'07" E - 15.13' i 76'47'55" W — 2,15' 15' Utility Easement Doc, No. 020920096J DRTCT --` allt-1 -".— (,AS.___ 08'23'07" E - 32.27' w � "�1 --- LOT 1, BLOCK A PARCHAUS TAVOLO ADDJ0 DOC. NO. D224067594 OPRTCT POINT OF BEGINNING IVSPIARS ENCROACHMENT I (UTILITY) & ENCROACHMENT 2 (WATER) E:N&NEERING & SURVEYING LOT 1 BLOCK A 7GS C_y W Road Sutra 700 • Ill+ VZ422W'n ": F2,'TSLPSNDIOMICC ' ws"�w" PARCHAUS TAVOLO ADDITION Drawn: Check ed: Dote Job No. ARs uEE 1' = 10' 4/22/24 2D-234 CITY OF FORT WORTH, TEXAS 9mM'nq; G:�2020 ,la�y20-2L Parisaus Twdo�IPRC Sel�eneroochn•enla�20-234 Ercrmcwrients EyhlbH,s.dwg 5—d By: I.WPg S— 1— 4/2Y/7A24 4:34:20 PM Plotted by: mewing PIOt Pat0: 4/22/2024 4!34 PM WWI as Mtn Mco - cn ua 775 - x .. .W W �+ L N N h O ^ + � Do � £ — O U cc U C: 770 —Public Private _ ! I I 20' Voter Easement Doc, No. 0209200954_.-- 15' Utility Easement DRTCT Doc. No. D20920096J _ DRTCT —_ 10' Water Easement - Doc. No. D224067594 765 - —_ oPRrcr r I P_--j1 ed-Ground � CL Pipe — — \ — �� 1� ---...- - - -��- 760 \ f — - _ Existing Public Sewer MH (CPN103598, ^ Existing Ground IPRC22-0110, X-27372) (� CL Pipe 755 - �_92 '_. .. -- I I \I ' __, _ . nrr Water —_._... 462.54 24" RCP 7501 0+a8.78 — u 8" SDR-26 PV( Ex, 12" Gas ! Un U.C% --- ----- 0+27.16 --- _.. 745 — Ex. 24" Water FL=745.01 ti Cd - 1 an SR#- -- - 740 2_ -- Existing 8" ` "� g Public Sewer o i._.. c r _ (CPN103598, ►� r~ n - IPRC22-0110, _ co c 735 - - w i X I2712) Co. _ 0+00 1 +00 2+00 Lire qe 'SS 1 ' PAGE 4 OF 8 LVSPIARS (ENCROACHMENT I (UTILITY) & ENCROACHMENT 2 (WATER) ENGINEERING & SURVEYING 6S [uFW Xaatl, Sure T00 • Pla . TX7507S • 572.4720077 TBPE 40 F2i 21 TBtt6 No. FSQG43100 w 3rn 4ays"f*mm Drown: Checked: Oats Job No. ARS I Checked 14/22/24 1 20-234 6raVng: G:\202D JDBSVO-234 PONJnus 7wolo\IPRC Set\F­ooehme"t"\20-234 Fiwrw rwte Fihlbfta.&g LOT 1, BLOCK A PARCHAUS TAVOLO ADDITION CITY OF FORT WORTH, TEXAS Swea By: I+l MN 5Me r—: 4/2z4o24 S,.mi4 PM Plnttetl by: wMmg PIGt Date: 4/30/2G24 4:75 PIA METES & BOUNDS ENCROACHMENT 3 (WATER) BEING a tract of land situated in the J. Heath Survey, Abstract No. 641, City of Fort Worth, Tarrant County, Texas, being a portion of Lot 1, Block A, PARCHAUS TAVOLO ADDITION, by plot recorded in Document No. D224067594 of the Official Public Records of Tarrant County, Texas (OPRTCT), the subject tract being more particularly described as follows: BE at a point from which a 5/8 inch capped iron rod found on the east boundary of said Lot 1, also being the west boundary line of Fort Worth & Western Railroad (called 100 foot right—of—way), bears S 09'05'54" W, 1190.74 feet; THENCE traversing said Lot 1, the following: S 13' 12'05" W, 8.32 feet; N 74'30'36" W, 4.34 feet; N 13' 12'05" E, 8.15 feet; S 76'47'55" E, 4.34 feet to the POINT. OF BEGINNING with the subject tract containing 36 square feet or 0.001 acres of land. ENCROACHMENT 4 (WATER) BEING a tract of land situated in the J, Heath Survey, Abstract No. 641, City of Fort Worth, Tarrant County, Texas, being a portion of Lot 1, Block A, PARCHAUS TAVOLO ADDITION, by plot recorded in Document No. D224067594 of the Official Public Records of Tarrant County, Texas (OPRTCT), the subject tract being more particularly described as follows: BEGINNING at a point from which a 5/8 inch capped iron rod found on the east boundary of said Lot 1, also being the west boundary line of Fort Worth & Western Railroad (called 100 foot right—of—way), bears S 09'27'16" W, 1181.57 feet; THENCE traversing said Lot 1, the following: N 74'30'36" W, 2.00 feet; N 13' 12'05" E, 2.88 feet; S 76'47'55" E, 2.00 feet S 13'12'05" W, 2.96 feet to the POINT OF BEGINNING with the subject tract containing 6 square feet or 0.000 acres of land. PAGE 5 OF 8 SPIARS I ENCROACHMENT 3 (WATER) & ENCROACHMENT 4 (WATER) ENGINEERING & SURVEYING I LOT � , BLOCK A 765 Cu"r Rw4d, Su€w 100 Ma". °i)(lWS . 972.Q2.i.D077 K'D°3t`� - """�""'"� �" PARCHAUS TAVOLO ADDITION Drawn: Checked. vote Job No. AR5 I MEE 14/22/24 120-234 CITY OF FORT WORTH, TEXAS Drc+dlq: GA=0 "S\20-234 Perkhaw Tav*e Pn Set\Ercra°&l ta\2o-2z4 Fncm "rte FyNbb,drq swed ey: tiMNrg Sam Tme. 4/72/2024 4,,34:20 PM Pfotted 7y: mewinq Pbk Date: 4/22/2024 4:34 PIA ALT,,gM,5 �a va'1*1e �LVp 5 0 5 10 1" = 10' Basis of bearing derived from the State Plane Coordinate System, Texas North Central Zone 4202, GAS North American Datum of Proposed Public � r 1983, (2011). Water (lPRC22-0110) GAS_ G1s�y�_� ENCROACHMENT 3 _ GAS -- _Water Easement GAST —__- � �' &ACrb-aeheffA$ s �? Proposed Public 0.001 Ac. f Wafer (lPRC22-0110) 20' Water Easement (36S.F.) Doc. No. D209200964 1S 764755" E 1 ORTCT 4.34'_ POINT OF BEGINNING N 13' 1205 ° E S 13' 12'05" W 8,32' 10' Water~ ``L3 , ENCROACHMENT 4 � Easement Water Easement Doc. No. D224067594 L2 Encroachment l OPRTCT N 74'30'34, ' W L4 0.000 Ac. 4, 34 � p. (6 S. F.) Proposed Private Water POINT OF BEGINNING off, l Line Table z Line Beoring Distance LOT 1, BLOCK A Rc, L1 N 74.3D36" W 2.00' PARCHAUS TAVOLO ADDITION L2 N 13.12'05" E 2.88' i DOC. NO, D224067594 OPRTCT Proposed Private L3 5 76'4755' E 2.00' O o - s� Water L4 5 13'12'05" W 2.96' LEGEND --EXISTING WATER/UTILITY EASEMENT PROPERTY LINE PAGE 6 OF 8 IVSPIARS ENCROACHMENT 3 (WATER) & ENCROACHMENT 4 (WATER) ENGINEERING & SURVEYING � LOT 1, BLOCK A 765CLV fRoeASumrrro • ;1,W0,TX7507S • s72,4U007, TBPENa F2121 ' TBLnN F'I WI"" ""'"�'�'�"�`°"' ' PARCHAUS TAVOLO ADDITION Drawn: Checked: Date Job No. I ARS 1 M££ I 1" = i0' 4/22/24 I 20-234 I CITY OF FORT'WORTH, TEXAS pMMN: G\2020 MM,20-254 ftft vs Twd.\IPRC S9\E,--b—ts\20-234 Ercroa K—rb UhlbkU &g S—d Sy: I4ewng S— 1— 4/22/2024 43c2a PM NMW by: —1,9 Plot Dmta: 4/22/2024 4:35 PM rJ METES & BOUNDS ENCROACHMENT 5 (WATER) BEING a tract of land situated in the J. Heath Survey, Abstract No. 641, City of Fort Worth, Tarrant County, Texas, being a portion of Lot 1, Block A, PARCHAUS TAVOLO ADDITION, by plat recorded in Document No, D224067594 of the Official Public Records of Tarrant County, Texas (OPRTCT), the subject tract being more particulcrly described as follows: BEGINNING at a point from which a 5/8 inch capped iron rod found on the east boundary of said Lot 1, also being the west boundary line of Fort Worth & Western Railroad (called 100 foot right—of—woy), beors S O4e27'06" W, 1183.70 feet; THENCE traversing said Lot 1, the following: N 76'47'55" W, 160,71 feet; N 13' 12'05" E, 4.00 feet; S 76'47'55" E, 160.71 feet; S 13-12'05" W, 4.00 feet to the POINT OF BEGINNING with the subject tract containing 643 square feet or 0.015 acres of land. PAGE 7 OF 8 SPIARS I ENCROACHMENT 5 (WATER) ENGINEERING & SURVEYING LOT 1, BLOCK A 761CkwWRW Suitt1C0 • Piro°.TX75075 472A220�77 Tn. Checked: '$`�"°FF0°`"°° ' """'°��"ob PARCHAUS TAVOLO ADDITION ' Drawn:(:'2020 hecked: Date Job No. + ARS �rFF I 14/22/24 I 20-234 CITY OF FORT WORTH, TEXAS Ikowiiq: JOBS\20-234 Por,,n� Tu y,\rppt; Sat\Encrx:hmeMs\20-234 E.e—h-0. Exh.bila.deq Sal N: Mewliq 5— Tl—; 4/22/2024 4:34;20 PM Plotted by, mewing Plot Dote; 4/22/2024 4:35 FM 20' Water Easement Doc. No. D209200964 ! DRTCT GA'S Proposed Private Sewer N 13'12'05" E 4.00'7 15 0 15 30 I" = 30' Basis of bearing derived from the State Plane Coordinate System, Texas North Central Zone 4202, North American Datum of 1983, (2011), 15' utility Easement Doc. No. 0209200963 ORTCT w S 13' 12'05" W �`y4.00' ` POINT OF \ BEGINNING LEG E N D — — — EXISTING WATER/UTILITY EASEMENT f {{Il r 1f i )l PROPERTY LINE � j i { ,PAGE 8 OF IVSPIARS I ENCROACHMENT 5 (WATER) ENGINEERING & SURVEYING I LOT 1, BLOCK A 7GSSa M, Road S0V 1t30 P�atsa, l%7507G 0447,2.W77 "F2i'uuls"� ��'�'w �'°"IJob I PARCHAUS TAVOLO ADDITION Drawn, Checked: Dote Job No. I ARS MEE 1' = 10' 4/22/24 f 20--2,34 CITY OF FORT WORTH, TEXAS M'Wi q: G:\2020 0085VO-234 Pcrkl f TMNo\A0 Set\E—chm t8\20-234 Enclooehrn to bNbiEa.dag Saved R/: M*Wfnq 'Ave Time: 4/22/2024 4.34 20 PM Ploiled by: —Inq Plot Pot.: 4/22/2024 1:35 PM EXHIBIT B Franchise Utility Letters Tier 1I Easement Encroachment Agreement Page 12 of 13 Revised 12I2022 DocuSign Envelope ID: E206CEB6-D724-4548-8664-A7DA5DE14017 �TMQS energy May 24, 2024 Re; Utility Easement Encroachment Lot 1, Block A Parchaus Tavolo Addition at Altamesa Blvd Fort Worth, TX 76132 Upon your request, I have reviewed the location of the utility easement encroachments of the private sanitary sewer in the above Utility Easement. Atmos does have facilities in that section of Altamesa Boulevard. Atmos does not have any objections to the encroachment based on the clearance documented in the provided encroachment document. Verification of the gas line locations can be obtained through 811 Call Before You Dig. Any damage caused to Atmos Energy facilities due to such encroachment will be billed to the party causing the damage. If you have any questions let me know. Sincerely, Doc Signed by: V ' y�(1�LOVl. �i15.AY1, C 0764AE7 BEdDD48B... Jason Gilson Project Specialist (817) 319-2237 Timothy.gilson@atmosenergy.com Atmos Energy Corporation 901 A]tamesa Blvd, Fort Worth, TX P 917-319-2237 timothy.gilson@atmosenergy.com atmosenergy corn at&t May 30, 2024 RE: Tarrant County — 6701 Dirks Rd, Fort Worth, Tx Parchaus Tavolo Addition, Block A, Lot 1 Request for encroachment of the 15-ft Utility Easement In response to the request for the abandonment of the 15-ft Utility Easement running north/west just South of Altamesa Blvd. on the property, Southwestern Bell Telephone Company, d/b/a AT&T Texas, has no objections to the requested encroachment for sewer line as shown on the attached sketch. Plat showing easement found in Tarrant County Clerk File Recorded in Document Number D224067594. Please let me know if you have any questions. Sincerely, A Oqutta- Melissa McElyea AT&T -- Manager Engineering — Right -of -Way 817-718-4055 ms2841@att.com Spectrum► 5/23/2024 Mark Ewing SPIARS Engineering and Surveying SUBJECT: Encroachment of 15' Utility Easement, Fort Worth, TX. Spectrum Communications hereby grants an encroachment for the purpose of allowing private sewer lines to be placed/remain into a portion of the General Utility Easement associated with the property located near Chisom Trail Pkwy and Altamesa Blvd, within the City of Fort Worth, Texas, Spectrum Communications reserves the right to have access to any applicable utility easements on the property for the purpose of future construction or maintenance. The owner and/or lessee of said property may also be responsible for the relocation/removal of any structure interfering with access to these easements, if necessary, Spectrum Communications currently has facilities within this easement. If it has not already taken place, please call 1-800-DIG-TESS to have facilities marked and located within affected easements before any excavations are started. For future reference, please send all utility coordination, abandonments, encroachments, plat signatures, or serviceability requests, or notices of relocation to forcerelos@kinetic-eng,com. Please share this information with whoever needs these services. Sincerely, O"o, Troy Hopson I Business Development Specialist 1(0) 817-298.3554 Coil 682-999-2989 8545 Airport Freeway #108 1 North Richland Hills 1 TX 76180 Mark Ewing From: Sent: To: Subject: Attachments: Best Regards, Kendall Finseth, EIT Kendall Finseth Thursday, July 18, 2024 11:58 AM Mike Martinie; Mark Ewing FW: 2024-3629 Parchaus Tavolo - Encroachment EXHIBIT A - Metes&Bounds.pdf 1�:SPIARS •FNGINEERII a& SURVE` ING Q 469.395.0480 O 972.422, 0077 C 469.371.1560 501 VV President George Bush Hwy, Suite 200 Richardson. TX 75080 1 C f PL5 Rec3 No F-2121 (PE) Reg. No. F-10043100 (LS) www.sniarseng.com OSPIARS Enizineering From: Betancur, Ally <Allysa,Beta ncur@oncor.com> Sent: Thursday, July 19, 2024 11:52 AM To: Kendall Finseth<kendall.finseth@spiarsengineering.com> Subject: 2024-3629 Parchaus Tavolo - Encroachment Good Afternoon, in response to your email dated June 4'h 2024, Oncor Electric Delivery has no objections, as long as standard clearance specifications are met, to the encroachment of a private sanitary sewer line within the 10' PUE recorded as Doc. No. D209200963, DRDCT being part of Lot 1, Block A, PARCHUS TAVOLO ADDITION, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in Document No. D224067594, of the official public records of Tarrant County, Texas (OPRTCT) and shown on the attached Exhibit A. PT:2024-3629 I�cllia:r:� 1 770 _Pq is ate— r5' 1161�at ikd':cr AV- lid m"S16: ��� Pprct ra4Y Vowa 765 i 760 t-eakq PM* &.w ale �-OWO-MA i.rM, tea, �xt :-at3 o OL755 r 2r RY I 750 f a. x?$ — Ex 12' Gabes _ ..�.z�� 745 740 a, 735 I.tts r. �.._....'_ . �. 0+00 1+00 2+00 If you ever need anything in the future or know any one that needs assistance please let me know. I oversee all easement releases, encroachments and all other property management related issues for the Oncor Metro West and Brownwood Mineral Wells Districts. If assistance is needed outside of that area I can help in getting you to the correct contact. Best, Ally M. Betaucur I Right of Way Analyst Oncor Electric DeLvery Company LLC 6 pa Distribution Engineering 777 Main Street Suite 707 1 Fort Worth, TX 76102 Supen�sor I mar�aretdeinnoriconcom O: (817) 215,5301 1 ,illysa.betancut@,oilcor.com Confidentiality Notice: This email message, including any attachments, contains or may contain confidential information intended only for the addressee. If you are not an intended recipient of this message, be advised that any reading, dissemination, forwarding, printing, copying or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by reply message and delete this email message and any attachments from your system, EXHIBIT C Certificate of Insurance Tier II Easement Encroachment Agreement Page 13 of 13 Revised 12/2022