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HomeMy WebLinkAboutContract 62327Date Received: 11/19/2024 Record Number: PN24-00181 Time Received: 7:26 a.m. City Secretary No.: 62327 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 Bonds Ranch Owner II, LLC, a Delaware limited liability company ("Licensee"), acting by and through its duly authorized representative. RECITALS WHEREAS, Licensee is the owner of the real property located at 1700 Ease Bonds Ranch Road, Fort Worth, Texas 76131 ("Property"), being more particularly described as, Lots 1,2 and 3, Block 1, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Deed Records, as Instrument Number D222223474 and D222091588; and WHEREAS, the City owns an access easement (the "Public Property") adjacent to the Property, dedicated by plat, depicted on the final plat of the property (FS-22-312), which plat is recorded in the plat records of Tarrant County as Instrument D223091992 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 OFFICIAL RECORD Page 1 of 11 Updated 2024 CITY SECRETARY FT. WORTH, TX on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing, installing, and maintaining a retaining wall (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. 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 Tier II Easement Encroachment Agreement Page 2 of 11 Updated 2024 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 One Thousand Twelve Dollars and Fifty Cents ($1012.50). 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. Tier II Easement Encroachment Agreement Page 3 of 1 I Updated 2024 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 HIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES. 10. While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance naming City as certificate holder as proof that is has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and described in Exhibit "A." The amounts of such insurance shall be not less than $1,000,000 with the understanding and agreement by Licensee that such insurance amounts may be revised upward at City's option and that Licensee shall so revise such amounts immediately following notice to Licensee of such requirement. Such insurance policy shall not be canceled or amended without at least thirty (30) days prior written notice to the Building Official of the City. A copy of such Certificate of Insurance is attached as Exhibit "B" and incorporated herein for all purposes. Licensee agrees, binds, and obligates itself and its successors and assigns to maintain and keep in force such public liability insurance at all times during the term of this Agreement and until the removal of the Encroachment and restoration of the Public Property. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. Tier II Easement Encroachment Agreement Page 4 of 11 Updated 2024 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. 16. In any action brought by the City for the enforcement of the obligations of the Licensee, City shall be entitled to recover interest and reasonable attorneys' fees. Tier II Easement Encroachment Agreement Page 5 of 11 Updated 2024 17. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. 18. Licensee covenants and agrees that it will not assign all or any of its rights, privileges, or duties under this Agreement without the written approval of the City, and any attempted assignment without such written approval shall be void. In the event Licensee conveys the Property, Licensee may assign all of its rights and obligations under this Agreement to the new owner of the Property, and Licensee shall be deemed released from its duties and obligations hereunder upon City's approval in writing of such assignment, which approval shall not be unreasonably conditioned or withheld. Foreclosure by a secured lender of Licensee or assignment to a secured lender by Licensee in the event of default or otherwise shall not require City approval provided that said lender notifies City in writing within sixty (60) days of such foreclosure or assignment and assumes all of Licensee's rights and obligations hereunder. However, no change of ownership due to foreclosure or assignment to any secured lender of Licensee shall be effective as to City unless and until written notice of such foreclosure or assignment is provided to City. 19. Any cause of action for breach of this Agreement shall be brought in Tarrant County, Texas. This Agreement shall be governed by the laws of the State of Texas. 20. This Agreement shall be binding upon the parties hereto and their successors and assigns. 21. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument [SIGNATURES APPEAR ON FOLLOWING PAGE] Tier II Easement Encroachment Agreement Page 6 of 11 Updated 2024 EXECUTED to be effective on the date signed by the City's Director of Development Services Department City: CITY OF FORT WORTH na6t �V H111-P&ff By: Dalton Harrell (Nov 18, 202416:46 CST) D. J. Harrell Director, Development Services Department Date: Nov 18, 2024 64ovpp I.go ATTEST: roof oi� °°�o ao'� 144 nEXA?a4p Jannette Goodall, City Secretary Approved As To Form and Legality Hye Won Kim 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. kvebecca Dr iie Owen Rebecca Diane Owen (Nov 18, 202408:27 CST) Rebecca Owen Development Services Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II Easement Encroachment Agreement Page 7 of 11 Updated 2024 Licensee: Bonds Ranch Owner II, LLC a Delaware limited liability company by: KRE AIP Sub XI, LLC a Delaware limited liability company is managing member By: I C/ 4ame!Ben BrAney Title: Authorized Signjor Date: f t % 1 oZO �'- STATE OF AL § COUNTY OF/17%f,) Xo,-17- § BEFORE ME, the undersigned authority, a Notary Public in and for the State of U� ', on this day personally appeared ��,,/ �r,,,Zto' or",> Srstrument, (Title) known to me to be the person whose name is subscrib the foregoing i and acknowledged to me that he or she executed the same for the purposes and consideration therein �� E � � S "bl� , a C, therein stated. X1- expressed, as the act and deed of (entity type), and in the capacity GI/VEN UNDER MY HAND AND SEAL OF OFFICE this day of 1v0v(-M12"11'- , 2024. N t y Public in and r the State of /71411 1 " %A- ELIZABEtH WAGNER NOTARY PUBLIC, STATE OF NEW YORK Registration No. 01 WA0001528 Quaiified in Kings County Commission Expires February 15, 2027 Tier II Easement Encroachment Agreement Page 8 of 11 Updated 2024 tii�i� �:1 by J_l!1 D■ �I1:��1 � r'lIJ � �IJ:� r.�L11:� �:l1J:i � l�l ILI1.� Dl1)►111'�� 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 18th day of November , 2024. wlwlw ��ee Notary Public in and for the State of Texas Tier II Easement Encroachment Agreement Updated 2024 o�PRYPCWENDY L BEARDSLEE Notary Public , * * STATE OF TEXAS Notary I.D. 13323719-3 My Comm. Exp. July 28, 2025 ' - - - - - - - - - - - - - - Page 9 of I I EXHIBIT A Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page 10 of 11 Updated 2024 I =NTRY ICOUN rY1 C15 �w x 3 BLUE MOUND J / _ --q z 0 a_ Allen Cemetery LACY KELLER —HICKS z 0 BAYNE GOLDsc ANG z w � z > m JOSH I �ITE LOCATION BONDSI RANCH 01 L6 GRAPHIC SCALE IN FEET 0 1000 2000 4000 KimlepMorn VICINITY MAP 101 Suite 950ry Street, Unit 11 Fort Worth, TX 70102 W-111-6511 EXHIBIT A State of Texas Registration No F-928 1 1 - - E. BONDS RANCH ROAD =J Tu. - 12", W IT III CALLED 24.06 ACRES BENNETT GREGORY (, CALLED 13.923 ACRES NST. NO. D210187013) C=: X HERTAGE TRACE VILLAGE LTD. (INST. No D205164006) rl cl K PROPOSED ENCROACHMENT (El) — 12" w �( - � -- .��: I�,T_ `I!� .f I f.,.LL,.f.��f.f.,.f.r.�r.�l.r.�r�.f.��f.f.4�f.��f.r,.�,.f.f.r.".L�«IJ I -.rd jl. ......... CALLED 24.06 ACRES 12 BENNETT GREGORY (INST. NO. D210187013) Sig His 1 1. -- F, — — — — — — — — — -- im 0 -4 L-1 J'';; FIDDLENECK STREET 'Irl-l—T W011 R1�11T-C)F—Y) 11 fir~ GRAPHIC SCALE IN FEET 0 125 250 500 LEGEND PROPERTY LINE EASEMENT LINE Kimley)))Horn 10 LOCATION MAP Sui 1 t C 1300l,rr, Sle,l Unit 11 Fort Wlrll. TX 16102 817-335-6511 EXHIBIT A ..... of Texas Registration No, F-928 ... . LEGAL DESCRIPTION EASEMENT ENCROACHMENT BEING a 7,861 square foot (0.1805 acre) tract of land situated in the Josiah Walker Survey, Abstract No. 1600, City of Fort Worth Tarrant County, Texas; said tract being a portion of Lots 1 and 2, Block 1, Bonds Ranch Commerce Center, an addition to the City of Fort Worth according to the plat recorded in Instrument No. D223091992, Official Public Records, Tarrant County, Texas; said tract being more particularly described as follows: COMMENCING at a mag nail with washer stamped "KHA" set at the southeast corner of said Lot 1, and being in the west right-of-way line of Harmon Road, a variable width right-of-way; THENCE North 00°28'08" West, along the east line of said Lot 1, and along the said west right-of-way line of Harmon Road, a distance of 23.85 feet to a point in the south line of a 60' Public Access Easement (Sparkle Drive) recorded in Instrument No. D223091992, said Official Public Records; from said point a 5/8-inch iron rod with cap stamped "KHA" set at the easternmost northeast corner of said Lot 1 bears North 00°28'08" West, a distance of 701.01 feet; THENCE North 89°44'14" West, departing the said east line of Lot 1 and the said west right-of-way line of Harmon Road, along the said south line of Sparkle Drive, a distance of 40.09 feet to the POINT OF BEGINNING; THENCE North 89°44'14" West, continuing along the said south line of Sparkle Drive, at a distance of 619.85 feet passing the east line of Lot 2, said Block 1, and continuing in all a total distance of 655.09 feet to a point for corner; THENCE North 00°15'46" East, departing the said south line of Sparkle Drive, a distance of 12.00 feet to a point for corner; THENCE South 89°44'14" East, at a distance of 35.12 feet passing the said east line of Lot 2, and continuing in all a total distance of 655.09 feet to a point for corner; THENCE South 00°15'46" West, a distance of 12.00 feet to the POINT OF BEGINNING and containing 7,861 square feet or 0.1805 acres of land, more or less. NOTES Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202). A survey plat of even survey date herewith accompanies this metes and 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. EASEMENT ENCROACHMENT LOTS 1 AND 2, BLOCK 1 BONDS RANCH COMMERCE CENTER JOSIAH WALKER SURVEY, ,��.• ;; r ABSTRACT No. 1600 MICHAEL CLEO BILLINGSLEY y: a ;N CITY OF FORT WORTH REGISTERED PROFESSIONAL •••••••••••••••••••••••••••••••••• TARRANT COUNTY, TEXAS LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY 801 CHERRY STREET,••••••••••••••••••••�...... ••••••• Kimle >>> Horn UNIT 11 SUITE 1300 �° 6558 "P;� FORT WORTH, TEXAS 76102 9�{% • FF s s ° 0 801 Cherry Street, Unit 11, # 1300 Tel. No. (817) 335-6511 PH. 817-335-6511 O ••S URV Fort Worth, Texas 76102 FIRM # 10194040 w .kimley-hom.com Scale LID rawn by IChecked by DateProject No. Sheet No. michael.billingsley@kimley-horn.com N/A DMI MCB 9/27/2024 0671109102 1OF3 DRUMMOND, DASHAWN 9/27/2024 9:08 AM \\KIMLEY-HORN\CNFTWFTW SURVEY\067809102-BONDS RANCH ARCOG\067809 02-BONDS R NCH ARCO_J '2.DWG LEGEND P.O.C. = POINT OF COMMENCING P.O.B. = POINT OF BEGINNING IRFC = IRON ROD W/CAP FOUND IRSC = 5/8" IRON ROD W/ "KHA" CAP SET MNS = MAG NAIL SET W/ "KHA" WASHER NOTES LOT 1, BLOCK 1 RATLIFF ADDITION (CAB. B, PG. 2426) MATCH LINE - SEE SHEET 3 - - I I I I I I I I I I z �- 0 25 50 GRAPHIC SCALE IN FEET LOT 1, BLOCK 1 BONDS RANCH COMMERCE CENTER (INST. NO. D223091992) SPARKLE DRIVE 60' PUBLIC ACCESS EASEMENT (INST. NO. D223091992) I I EASEMENT ENCROACHMENT 10 0.1805 ACRES 7,861 SQ. FT. P.O.B. I I LINE TABLE NO. BEARING LENGTH L1 N00°28'08"W 23.85' L2 N89'44'14"W 40.09' L3 N00°15'46"E 12.00' L4 S00'15'46"W 12.00' -- --I — VARIABLE WIDTH DRAINAGE EASEMENT (INST. NO. D223091992) P.O.C. L1--��-----I— � L — — — — — — — — — — — — I N00°28'08"W 701.01' — — MINIS PERMANENT — DRAINAGE EASEMENT (INST. NO. D221045471) IRSC HARMON ROAD (A VARIABLE WIDTH RIGHT-OF-WAY) Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202). A metes and bounds description of even survey date herewith accompanies this survey plat. The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey plat accurately sets out the metes and bounds of the encroachment tract. EASEMENT ENCROACHMENT LOTS 1 AND 2, BLOCK 1 BONDS RANCH COMMERCE CENTER JOSIAH WALKER SURVEY, ,��..oF„T ABSTRACT No. 1600 MICHAEL CLEO BILLINGSLEY y: o'.N CITY OF FORT WORTH REGISTERED PROFESSIONAL .................................. TARRANT COUNTY, TEXAS LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY 801 CHERRY STREET, Kim1py*Horn UNIT 11 SUITE 1300NpoE S s 801 Cherry Street, Unit 11, Tel. No. (817) 335-6511 FORT WORTH, TEXAS 76102 ����SURv� PH. 817-335-6511 Fort Worth, Texas 76102 FIRM # 10194040 w .kimley-hom.wm Scale I Drawn by Checked by Date Project No. Sheet No. michael.billingsley@kimley-horn.com 1"=50' DMD MCB 9/27/2024 067809102 2OF3 DRUMMOND, DASHAWN 9/27/2024 9:08 AM \\KIMLEY-HORN\CN_FTW\FTW_SURVEY\067809102-BONDS RANCH ARCO DWG\067809 02-BONDS RA CH ARCO_9 12.DWG LOT 2, BLOCK 1 BONDS RANCH COMMERCE CENTER (INST. NO. D223091992) 1/2" IRFC� "RPLS 4818" LOT 1, BLOCK 1 RATLIFF ADDITION (CAB. B, PG. 2426) I I Imo, I (V \ M I 00 LOT 1, BLOCK 1 \ I BONDS RANCH COMMERCE CENTER (INST. NO. D223091992) � I I � I- X I X I X I I I \ EASEMENT .��ENCROACHMENT 0.1805 ACRES 7,861 SQ. FT. X I I o LOLO LO o I � w I I + I BON z m I 00 � I SPARKLE DRIVE 60' PUBLIC ACCESS EASEMENT (INST. NO. D223091992) 0 25 50 GRAPHIC SCALE IN FEET LEGEND P.O.C. = POINT OF COMMENCING P.O.B. = POINT OF BEGINNING IRFC = IRON ROD W/CAP FOUND IRSC = 5/8" IRON ROD W/ "KHA" CAP SET MNS = MAG NAIL SET W/ "KHA" WASHER EASEMENT ENCROACHMENT LOTS 1 AND 2, BLOCK 1 DS RANCH COMMERCE CENTER JOSIAH WALKER SURVEY, ABSTRACT No. 1600 CITY OF FORT WORTH TARRANT COUNTY, TEXAS I Kimley)))Horn 801 Cherry Street, Unit 11, # ,30Tel. No. (817) 335-6511 Fort Worth, Texas 76102 FIRM # 10194040 —.kimley-horn.com MATCH LINE -SEE SHEET 2 Sale I Drawn by 1 Checked by J DMID Date 7/2024 I\ !Ott Sheet No. DRUMMOND, DASHAWN 9/27/2024 9:08 AM \\KIMLEY-HORN\CN_FTW\FTW_ SURVEY\067809102-BONDS RANCH ARCO\DWGk06 8094, BONDS RANCH ARCO �E .DWG 9102 I 3 OF 3 III I III I z - I 15' WATER EASEMENT BY PLAT. INST. NO. D223091992 I I I .I GRAPHIC SCALE IN FEET R 0 40 80 160 (LEGEND 60' PUBLIC ACCESS EASEMENT BY PLAT CALLED 13.923 ACRES PROPERTY LINE INST. NO. D223091992 X HERITAGE TRACE VILLAGE, LTD. (INST. NO. D205164006) _ — — — — — EASEMENT LINE ROP. PRIVATE — X'STORM 06423930 - - 6LINEAPN: PROP. 12" PRIVATE WATER LINE DETENTION EASEMENT BY PLAT NO. D223091992 UBLIC ACCESSINST. 60' P EASEMENT BY PLAT — PROPOSED I I INST. NO. D223091992 VARIABLE WIDTH DRAINAGE EASEMENT BY PLAT ENCROACHMENT (E1) INST. NO. D223091992 L I A -► I I r_II - - - - - - - - - - - - — — — - — — — — — -B -- - - - - - - --- b I I I PERMANENT DRAINAGE EASEMENT I I _ 1 (INST. NO. D221045471) �B -- -=C -- - 1000.00 SQ. FT. TRACT BA :NETT GATHERING, L.P. — 20' BARNETT GATHERING, L.P. PRIVATE RETAINING WALL NO. D209319261) ((INST. (INST. NO. D209319261) - I 15' WATER EASEMENT BY PLAT. I I INST. NO. D223091992 LOT 1,BLOCK 1WILLIAM G. HUGILL I RATLIFF ADDITION AND ANGELA HUGILL 8m I i (CAB. B, PG. 2426) (INST. NO. D211030003) sY a R I I _„ Kim ley>>> Horn EXHIBIT C - ENCROACHMENT PLAN VIEW801 Cherry Street, Unit 11 m w Suite 1300 Fort Worth, TX 161.2 817-335-6511 (El State of Texas Registration No. F-928 d 3 mWQ Xo3 SECTION A -A SECTION B-B 790 790 790 I 60' PUBLIC 785 I ACCESS I EASEMENT I 785 785 I 60' PUBLIC J j I ACQE$S EASEMENT 780 I PRIVATE RETAIINING WALL � � 780 7$0 PROP. GRADE � i l I I 775 I PROP. GRADE I 775 775 PROP. PRIVATE I RETAINING WALL I 770 I I — EX. GRADE 770 770 I I 765 I I I I 765 765 I 1 I — EX. GRADE I 0+00 0+90 0+00 SECTION C-C 790 790 790 60' PUBLIC -Z 7p 785 ACCESS i EASEMENT i 7U p 585 780 C7 I PROP. GRADE I 780 8 780 I � 775 775 II 775 PROP. PRIVATE RETAINING WALL 770 770 7701 !, 765 765 I EX. GRADE i 765 ! 0+90 0+00 0+90 SCALE: 1"=8, V -40H KimleY >>> Horn EXHIBIT C - ENCROACHMENT SECTION VIEW 801 Cherry Street, Unil 11 Suite 1300 (El)Fort Worth, TX 76,02 811-338-6611 State of Texas Registration No F-928 EXHIBIT B Certificate of Insurance Tier II Easement Encroachment Agreement Page 11 of 11 Updated 2024