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Home My WebLink AboutContract 62058Tier II Easement Encroachment Agreement Page 1 of 12 Date Received: ________________ Record Number: PN24-00133 Time Received: ________________City Secretary No.: _____________ PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER II THIS AGREEMENT is made and entered into by and between THE CITY OF FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"), acting by and through its duly authorized City Manager, Assistant City Manager, or Director of the Development Services Department, and Castle Equity, LLC, a Texas limited liability company ("Licensee”), acting by and through its duly authorized signatory. RECITALS WHEREAS, Licensee is the owner of the real property located at 9800 Heritage Glen Drive, Fort Worth, Texas 76244 (“Property”), being more particularly described as Lot 17, Block 1, Heritage Trace Addition, an addition the City of Fort Worth, Tarrant County, Texas, being a tract of land situated in the Samuel P Williams Survey, Abstract No. 1690, as recorded in Deed Records, by Instrument Number D214089290; and WHEREAS, the City owns water, sewer and access easements (the “Public Property”) adjacent to the Property, dedicated to the City by plat and in easements filed in the Tarrant County Deed records as Instrument Numbers D224136111 and D224136515, as depicted on the final plat of the property (FP-23-153), which plat is recorded in the final plat records of Tarrant County as Instrument Number D224155565; and WHEREAS, Licensee desires to construct, place, and maintain certain improvements which will encroach in, on, above, or below the Public Property; and WHEREAS, to accommodate the needs of the Licensee, the City will allow the encroachment under the terms and conditions as set forth in this Agreement. NOW, THEREFORE, the City and Licensee agree as follows: AGREEMENT 1. The City, in consideration of the payment by Licensee of the fee set out below and covenants and agreements hereinafter contained to be kept and performed by Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and occupy a portion of the City’s Public Property as described in and at the location shown Tier II Easement Encroachment Agreement Page 2 of 12 on Exhibit “A,” but only to the extent shown thereon, for the purpose of constructing, installing, and maintaining a private storm drain (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, including the securing the approval and consent of the appropriate utility companies and agencies of the State of Texas and its political subdivisions. In the event that any installation, reinstallation, relocation, or repair of any existing or future utility or improvements owned by or constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance, or existence of the Encroachment and use of Public Property, Licensee shall pay to City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department, or their duly authorized representative. 4. Licensee agrees that City may enter and utilize the Public Property at any time for any public purpose, including installing, repairing, replacing, or maintaining improvements to its public facilities or utilities necessary for the health, safety, and welfare of the public. The City shall have no responsibility or liability for any damages related to the Encroachment resulting from the City’s use of the Public Property; however, the City shall make reasonable efforts to minimize such damage. Tier II Easement Encroachment Agreement Page 3 of 12 5. Upon termination of this Agreement, Licensee shall, at the option of and at no expense to the City, remove the Encroachment and restore the Public Property to a 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 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 Tier II Easement Encroachment Agreement Page 4 of 12 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 ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES. 10. While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance naming City as certificate holder as proof that is has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and described in Exhibit “A.” The amounts of such insurance shall be not less than $1,000,000 with the understanding and agreement by Licensee that such insurance amounts may be revised upward at City’s option and that Licensee shall so revise such amounts immediately following notice to Licensee of such requirement. Such insurance policy shall not be canceled or amended without at least thirty (30) days prior written notice to the Building Official of the City. A copy of such Certificate of Insurance is attached as Exhibit “B” and incorporated herein for all purposes. Licensee agrees, binds, and Tier II Easement Encroachment Agreement Page 5 of 12 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 Tier II Easement Encroachment Agreement Page 6 of 12 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. 20. This Agreement shall be binding upon the parties hereto and their successors and assigns. Tier II Easement Encroachment Agreement Page 7 of 12 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 8 of 12 EXECUTED to be effective on the date signed by the City's Director of the Development Services Department. City: CITY OF FORT WORTH By: ___________________________ D.J. Harrell, Director of the Development Services Department Date: _________________________ ATTEST:Approved As To Form and Legality ______________________ _______________________________ Jannette Goodall, Hye Won Kim City Secretary Assistant City Attorney 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 Development Services Manager Licensee: Castle Equity, LLC a Texas limited liability company By: Castle Development Group, Inc a Texas corporation BY� —_ ��•� `�ry � Name: Andrew Miller Title: Authorized Signatory Date: �1f $ �2U Zq THE STATE OF �'eXwS COUNTY OF ��'� �'" � BEFORE ME, the undersigned authority, a Notary Public in and for the State of TEXAS, on this day personally appeared Andrew Miller 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 Andrew Miller, the manager of Castle Development Group, Inc, the manager ofl Castle Equity, LLC, and that he/she executed the same as #he act of said entities for the purposes and consideration therein expressed and in the capacity therein stated. GNEN LJNDER MY HAND AND SEAL OF OFFICE this �� day of �YD�-!'vr1rJ-'�'' � 20 � . `1��11111►Illflll/�j °. `\a\��GP�R�iT f$,qq�� i �= • �o,�PFIY PUe � ; • � !�, . � . ; � — • . . . .. • . — h ' = i � . = % '. i4lf OF '��+� : � � ��'� ..��p,��34593y�� ```��*�� 'iii,- �r�ES +D�; �t�� Not Public in and for the State of Texas Tier II Easement Encroachment Agreement Page 9 of 12 Tier II Easement Encroachment Agreement Page 10 of 12 ***THIS PAGE FOR CITY OF FORT WORTH OFFICE USE ONLY*** 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_____day of _____________, 20____. __________________________________ Notary Public in and for the State of Texas Tier II Easement Encroachment Agreement Page 11 of 12 EXHIBIT A Depiction and description of the Encroachment ENCROACHMENTAREA 1ENCROACHMENTAREA 2ALL STORM LINES SHOWN ARE PRIVATEUNLESS OTHERWISE NOTED.8" PUBLIC SEWERLINE8" PUBLIC WATERLINEENCROACHMENTAREA 3 “ ____“ “ ” “ ” “ ” 52’ 40” 33’ 14” 26’ 46” 33’ 14” 26’ 46” ENCROACHMENT AREA " 1 " PAGE 2 OF 2 PORTION OF CASTLE EQUITY, LLC INST.# D214089290 O.P.R.T.C.T. 30' ACCESS ESMT INST.# D�2413647G, O.P.R.TC.T. �225 SQUARE FEET 10' ELECTRIC LINE ESMT TRI-COUNTY ELECTRIC COOPERATIVE, INC. INST.# D218170721, O.P.R.TC.T. S72'26'46"E 15.00' N 17°33' 14"E _ _ 15.00' 15' WATER ESMT W ST # D22A736111, OPR TGT N72'26'46"W J 15.00' 1 S SANITARY SEWER ESMT INST.# D224136515, O.P.R.TC.T. r — — / � � ,��`��/ � — —�� —/ �T �� P.O.B._ 3 � M ;� S17'33'14"W N \ J V2" REBAR "JPH LAND SURVEYING" MONUMENTS/BEARING BASIS CRS O 1/2" rebar stamped "Langan" set Monuments are found if not marked MNS or CRS. Bearings are based on Grid North, Texas Coordinate System of 1983, North Central Zone LEGEND OF ABBREVIATIONS O.P.R.T.C.T. Public Records of Tarrant County, Texas POB/POC Point of Beginning/Point of Commencing Robert W. Bryan Registered Professional Land Surveyor No. 5508 rbryan@langan.com September 4, 2024 LANGAN Langan Engineering and Environmental Services, LLC 2999 Olympus Blvd, Suite 165 Dallas, TX 75019 TBPELS FIRM # 10194888 T:817.328.3200 www.langan.com �� 0 ER a:qs �t • • �r . �. . . . :...............:..� ROBERT W. BRYAN ... : ............... :.. � �. �, 5 F 8 : .. o��\° . �- .o.. � SURv� . /I W � � wH ��o� ��x� ��a ��o �� N W�� AG�� N�� Q �� x � � � �4�� ti 4q��4 vti��s � vP N90'00'00"W \ P.O.C. 417.62' � �� 15' SEWER ESbIT INST # D224155565, QP.RTC.T. �15' WATER ESMT �NST.# D224155565, O.P.R.TC.T.— � �- � 15.00' � � 0 20' ■ ■ Scale: 1" = 20' � :�� 4 J4� ��,0 �4- �ti � � l tiP � I � �I N 1.0"I' 17, BLOCK 1 HERITAGE GLEN OFFICE PARK INST.# D224155�65, O.P.R.T.C.T. TEAL AT HERITAGE GLEN, LLC INST.# D222117573 INST.# D222112716 O.P.R.TC.T. W 0 °z � 7 M �� M 0 0 NI r�'�" �� e ds�q�, � G�,� �, l��'C„ lf) M � W I �I M 0 0 N 1/2" REBAR S44'28'45"W _ _ _ 14.14' 1/2" REBAR "JPH LAND SURV"EYISG" HERITAGE GLEN DRIVE INST.# D201309029 O.P.R.T.C.T. VARIABLE WIDTH R.O.W. EXHIBIT SHOWING 225 SQUARE FEET SITUATED IN THE SAMUEL P. WILLIAMS SURVEY ABSTRACT NO. 1690 CT1Y OF FORT 1A�OR7H TARRANT OOUNTY, TEXAS PRIVATE SD-A1 695 15' PUBLIC ATER EASEMENT ��—j- j i i i i 15� PU �' CC CACC��CAIT �_�l I I V JJ L/'1JLIVILIV I�^I I I Fan N G OUND CL ' ' ' i i i i i i I I � I I I— -- . .• . ••1 675 I I �� IPROP.I GRAD� @ CL i y i i i i i �� i i i i i i I I I � � 100-YR HGL • � I • � , . �� ..�� "�� • I I ENCROACHMENT AREA 1 670 665 660 � 4+50 5+00 PROFILE SCALE 695 HORIZ. = 1" = 40' I I I VERT.=1"=4' I�—� 15' PUBLIC SS EASEME T I I I I I----� 15' PUBLIC WATER E EMENT � � � i i 45�41 LF OF 24" RCP I I CL� III @ 1.24% � � �� I� � Ir � N N .�� ' • ^i • . ..1 675 J I � ��o �N �� M ti + � � � � I� al II IQ �I �1 � Q � II I� �la I� �I� I � � � I� al~ I I I 670 � o � � � � Qo Im I I I � ¢w Z � O z �� n �zc� �Z I� � I I IQ(�O� c� cD �� i� � i i iom�� o�o o�o �� No�� '�� 665 � � ' � � � N � �+ �+ � � � N JI, z�z O cooz� z z t 0�IJ J I I I Q Q O O J J :nU�� c!)cnU� � � i i i i i I I I I I � ENGINEER: BGE, Inc. 777 Main SL, Suite 1900, Fort Worlh, TX 76102 �� Tecan-aa�-siao. www.Dqetne.crom TBPE ReglsVaBon No. F-1046 CONTACT: DAVID GREER - (81 ]) 812-6005 THE ENCORE AT HERITAGE GLEN 6+00 CPN: 104458 PRIVATE STORM PROFILE ENCROACHMENT AREA1 DATE: AU G. 2024 J � � �IV � OO M � � ai� � �� NW I I z �� ¢ o � � QQU i r` �i Z � � �'? �� I [n [A � � � r� �-�l MO Xf� II � II M O � � � vo�O�°:—w � Z � M � � O � J J cn cn U � � � � “ ____“ “ ” “ ” “ ” 59’ 48” 33’ 14” 33’ 14” ENCROACHMENT AREA " 2 " PAGE 3 OF 3 PORTION OF CASTLE EQUITY, LLC INST.# D214089290 O.P.R.T.C.T. 30' ACCESS ESMT INST ft D224136476, OPR.T.0 T. �236 SQUARE FEET S36'59'48"W / 20.18' � S90'00'00"E P•0•B• 15.73' � � / � N 17'33' 14"E 15.73' 10' ELECTRIC LINE ESMT / TRI-COUNTY ELECTRIC COOPERATNE, INC. INST.#D218170721, O.P.R.TCT. — — — � ` �— IS'WATERESMT N9O�OO�OO��W � INST.# D22413611 I, � r'J.73� / O.P.R.TGT. � � 15' SANITARY SEWER ESMT INST # D2241 3 65 1 5, QP.RTC.T. � — — � \ 15' WATER ESMT � � �NST.# D224155565, O.P.R.TGT. � S17'33'14"W 15.73'/ - �— � � J 1/2" REBAR "JPH LAND SURVEYING" MONUMENTS/BEARING BASIS CRS O 1/2" rebar stamped "Langan" set Monuments are found if not marked MNS or CRS. Bearings are based on Grid North, Texas Coordinate System of 1983, North Central Zone LEGEND OF ABBREVIATIONS O.P.R.T.C.T. Public Records of Tarrant County, Texas POB/POC Point of Beginning/Point of Commencing Robert W. Bryan Registered Professional Land Surveyor No. 5508 rbryan@langan.com September 4, 2024 �� 0 ER a:qs �t • • �r . �. . . . :...............:..� ROBERT W. BRYAN ... : ............... :.. � :� � 5 g ; • o��° �e- � SU Rv LANGAN Langan Engineering and Environmental Services, LLC 2999 Olympus Blvd, Suite 165 Dallas, TX 75019 TBPELS FIRM # 10194888 T:817.328.3200 www.langan.com 0 20' ■ ■ Scale: 1" = 20' � �4 �� JtS �� 5 ,ti�,� � �_ N90'00'00"W \ P.o.c. 417.62' , �� 15' SEWER ESbIT INST # D224155565, QP.RTC.T. � — _ / .�4 �� 4 Jti �-w�s�� ' P�� I ti � rl N 1.0"I' 17, BLOCK 1 HERITAGE GLEN OFFICE PARK INST.# D224155�65, O.P.R.T.C.T. TEAL AT HERITAGE GLEN, LLC INST.# D222117573 INST.# D222112716 O.P.R.TC.T. W � � wH ��o� ��x� ��a ��o H �� N wa�� GG�� N�¢Q �� x� � W 0 °z � �r� M O O NI �-z.. �� O �t.�, � C-, M � W I �I M 0 0 N 1/2" REBAR S44'28'45"W _ _ _ 14.14' 1/2" REBAR "JPH L9ND SURVE�'ING" HERITAGE GLEN DRIVE INST.# D201309029 O.P.R.T.C.T. VARIABLE WIDTH R.O.W. EXHIBIT SHOWING 236 SQUARE FEET SITUATED IN THE SAMUEL P. WILLIAMS SURVEY ABSTRACT NO. 1690 CT1Y OF FORT 1A�OR7H TARRANT OOUNTY, TEXAS PRIVATE SD-A1 > 0 0 .; �, � a � N I a N N � �, � a �, 3 N J O � a d � �, a � E L U 0 0 U C � � 0 n � LI � a � d U / a E i 0 U � 0 a � 0 o' . v U •� z� — N _� � �i m V 695 15' PUBLIC ATER EASEMENT ��-j- j i i i i 15� PU �' CC CACC��CAIT �_�l I I V JJ L/'1JLIVILIV I�^I I I •'1 . .• I I I OROFILE'SCA 40' I I I VERT.=1"=4' ��-� 15' PUBLIC SS EASEM I I I I I----� 15' PUBLIC WATER E GROUND @ CL ' ' ' ' � � � � � � � � � � � �— -- I I �� IPROP.I GRAD� @ CL i y i i i i i �� i i i i i i I I I � � 100-YR HGL . ••1 675 670 665 660 � 4+50 � . . I • : ,,, � � ��i��....��i•�� I • J � � �IV � OO M � � ai� � �� NW I I z �� ¢ o � � QQU i r` �i Z � � �'? �� I � � � � � � �MO Xf� II � II M O � � � vo�O�°:—w � Z � M � � O � J J cn cn U � � � � 5+00 � � i 45�41 LF OF 24" RCP I CL� III @ 1.24% � �� 695 .�� ' • ^i • . ..1 iN i N i ENCROACHMENT AREA 2 N N 675 J I � ��o �N �� f� L17 � � � � � M ti + � � � � I� al II IQ �I �1 � Q � II I� �la I� �I� I � � � I� al~ I I I 670 � o � � � � Qo Im I I I � ¢w Z � O z �� II �zcD �z I� � I I I�� O��:� � I� � I I IQm�� o�o o�o �� No�� '�� 665 � � ' � � � N � �+ �+ � � � N JI, z�z O COOz� Z Z t 0�IJ J I I I Q Q O O J J :nU�� c!)cnU� � � i i i i i I I I I I � ENGINEER: BGE, Inc. 777 Main SL, Suite 1900, Fort Worlh, TX 76102 �� Tecan-aa�-siao. www.Dqetne.crom TBPE ReglsVaBon No. F-1046 CONTACT: DAVID GREER - (81 ]) 812-6005 THE ENCORE AT HERITAGE GLEN 6+00 CPN: 104458 PRIVATE STORM PROFILE ENCROACHMENT AREA 2 DATE: AU G. 2024 “ ____“ “ ” “ ” “ ” 59’ 48” ’36” ’14” ENCROACHMENT AREA " 3 " PAGE 3 OF 3 30' ACCESS ESMT INST.# D224136476, O.P.R.TC.T. PORTION OF CASTLE EQUITY, LLC / INST.# D214089290 O.P.R.T.C.T. . > >. 10' ELECTRIC LINE ESMT TRI-COUNT�' ELECTRIC COOPERATNE, INC. INST #D218170721, O.P.R.TC.T. — — — � I S' WATER ESMT I\ ST.R D22413611 I; O.P.R.TC.T. 15' SANITARY SEWER ESMT INST # D2241 3 65 1 5, QP.RTC.T. iir, MONUMENTS/BEARING BASIS Monuments are found if not marked MNS or CRS. Bearings are based on Grid North, Texas Coordinate System of 1983, North Central Zone U Z � 4w s �� e .� _ � 15' SEWER ESMT INST.# D224155565, O.P.R.TC.T. 1/2" REBAR "JPH � LAND SURVEYING" W � � wH �,�o� HH V1 o x� �x�o UQW� �a�� WwH`° S90'00'00"E I � � � o 8.43' 'Qrn� I � � Q — — — �I [��x� �15' WATER ESMT N �/ F, INST.# D224155565, OPR.TC.T. IZI 0.� � — — — — � � °z � S12'58'36"W — M 15.39' M 0 N � f136 SQUARE FEET � � � / �i�„ v Lq��FB�� /I � � / \ / � P.O.0 N90'00'00"W 417.62' _� TEAL AT HERITAGE GLEN, LLC SUR�'✓n� �SZ'.,� �22211%S%3 �y�t�r�,, INST.# D222112716 � � O.P.R.T.C.T. �.rj � LOT 17, BLOCK 1 w I HERITAGE GLEN OFFICE PARK ' INST.# D224155565, O.P.R.T.C.T. � � M 0 0 N 1/2" REB9R S44'28'45"W 14.14' V2" REBAR'7PH LAND SURVEYING" HERITAGE GLEN DRIVE INST.# D201309029 O.P.R.T.C.T. VARIABLE WIDTH R.O.W. LEGEND OF ABBREVIATIONS O.P.R.T.C.T. Official Public Records of Tarrant County, Texas POB/POC Point of Beginning/Point of Commencing Robert W. Bryan Registered Professional Land Surveyor No. 5508 rbryan@langan.com September 4, 2024 c�� G\O ERF.;9 • '�� I : � Fo . s #• •* . + . ...5 ...............:... ROBERT W. BRYAN ...� ............... � .. :�,0 5� g �: l .�p�� \ : ctc .� � ..:.• SUR� � LANGAN Langan Engineering and Environmental Services, LLC 2999 Olympus Blvd, Suite 165 Dallas, TX 75019 TBPELS FIRM # 10194888 T:817.328.3200 www.langan.com S36 59 48 W �2o.�s' P.O.B� / N 17'33' 14"E 15.73' � f_ � � � \ - /r N90°00'00"W / ��2� � � 0 20' ■ ■ Scale: 1" = 20' EXHIBIT SHOWING 136 SQUARE FEEf SITUATED IN THE SAMUEL P. WILLIAMS SURVEY ABSTRACT NO. 1690 CT1Y OF FORT 1A�OR7H TARRANT OOUNTY, TEXAS PRIVATE SD-A1 > 0 0 .; �, � a � N I v N N � �, � a �, 3 N J O � a d � �, a � E L U 0 0 U C � � 0 n � LI � a � d U / a E i 0 U � 0 a � 0 o' . v U •� z� — N _� � �i m V 695 15' PUBLIC ATER EASEMENT ��-j- j i i i i 15� PU �' CC CACC��CAIT �_�l I I V JJ L/'1JLIVILIV I�^I I I •'1 . .• I I I OROFILE'SCA 40' I I I VERT.=1"=4' ��-� 15' PUBLIC SS EASEM I I I I I----� 15' PUBLIC WATER E GROUND @ CL ' ' ' ' � � � � � � � � � � � �— -- I I �� IPROP.I GRAD� @ CL i y i i i i i �� i i i i i i I I I � � 100-YR HGL . ••1 675 670 665 660 � 4+50 � . . I • : ,,, � � .��...�� ..��.•.�� I ' J � � �IV � OO M � � ai� � �� NW I I z �� ¢ o � � QQU i r` �i Z � � �'? �� I � � � � � � �MO Xf� II � II M O � � � vo�O�°:—w � Z � M � � O � J J cn cn U � � � � 5+00 � � i 45�41 LF OF 24" RCP I CL� III @ 1.24% � �� I� � I� � N N 695 .�� ' • ^i • . ..1 ENCROACHMENT AREA3 675 J I � ��o �N �� f� L17 � � � � � M ti + � � � � I� al II IQ �I �1 � Q � II I� �la I� �I� I � � � I� al~ I I I 670 � o � � � � Qo Im I I I � ¢w Z � O z �� II �zcD �z I� � I I I�� O��:� � I� � I I IQm�� o�o o�o �� No�� '�� 665 � � ' � � � N � �+ �+ � � � N JI, z�z O COOz� Z Z t 0�IJ J I I I Q Q O O J J :nU�� c!)cnU� � � i i i i i I I I I I � ENGINEER: BGE, Inc. 777 Main SL, Suite 1900, Fort Worlh, TX 76102 �� Tecan-aa�-siao. www.Dqetne.crom TBPE ReglsVaBon No. F-1046 CONTACT: DAVID GREER - (81 ]) 812-6005 THE ENCORE AT HERITAGE GLEN 6+00 CPN: 104458 PRIVATE STORM PROFILE ENCROACHMENT AREA 3 DATE: AU G. 2024 ENCROACHMENTAREA 2ENCROACHMENTAREA 1PRIVATEPRIVATE PRIVATE PRIVATEPRIVATEPRIVATE(PUBLIC)(PUBLIC)ENCROACHMENTAREA 3 Tier II Easement Encroachment Agreement Page 12 of 12 EXHIBIT B Certificate of Insurance