HomeMy WebLinkAboutContract 63621Date Received: 7/8/2025
Time Received: 10 : 32 a.m.
Record Number: PN24-00094
City Secretary No.: 63621
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 Target Corporation, a Minnesota
corporation ("Licensee"), acting by and through its duly authorized representative.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 5900 Retail
Way, Fort Worth, Texas 76123 ("Property"), being more particularly described as, Lot
1, Block 7, of Chisholm Trail Ranch, an addition to the City of Fort Worth, Tarrant
County, Texas, as recorded in Deed Records, by Instrument Number D224040676; and
WHEREAS, the City owns a water -sewer easement (the "Public Property")
adjacent to the property, dedicated to the City in an easement filed in the Tarrant County
Deed Records as Instrument Number D222154857, as depicted on the final plat of the
property (FP-24-049), which plat is recorded in the plat records of Tarrant County as
Instrument Number D225018279; 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
on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing,
installing, and maintaining storm drains and a retaining wall (the "Encroachments").
Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining
Tier II Easement Encroachment Agreement OFFICIAL RECORD Page 1 of 12
CITY SECRETARY Revised 12/2022
FT. WORTH, TX
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.
Nothing in this agreement limits any right that the City may have to enter and
utilize the Public Property at any 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
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
Tier II Easement Encroachment Agreement Page 2 of 12
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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.
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 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
Tier II Easement Encroachment Agreement Page 3 of 12
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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 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 provide City with a policy
of insurance as follows;
All insurance may be provided under (i) a combination of primary, excess, and/or
umbrella policies with The City named as Additional Insured, (ii) a blanket policy or
policies that includes other liabilities, properties, and locations wherein The City is
named as an Additional Insured, (iii) a plan of self-insurance but only if Licensee has at
least $250,000,000 of tangible net worth through the duration of the term of this
agreement (and has had at least $250,000,000 of tangible net worth for the immediately
prior five (5) years), or (iv) a combination of any of the foregoing insurance programs."
Tier II Easement Encroachment Agreement Page 4 of 12
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For insurance option (i) and (ii) Licensee agrees to provide 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. 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.
Licensee agrees to send yearly confirmations of which program or programs
Licensee has in effect for the location, including confirmation of their tangible net worth
in support of their status as a self -insured entity. Should the City determine that Licensee
no longer qualifies for self-insurance, Licensee shall, within thirty (30) days, obtain and
furnish insurance coverage from a licensed carrier meeting the City's requirements.
A copy of such Certificate of Insurance and/or original conformation of tangible
net worth is attached as Exhibit "B" and incorporated herein for all purposes.
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 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.
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Revised 12/2022
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.
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
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Revised 12/2022
shall be effective as to City unless and until written notice of such foreclosure or
assignment is provided to City.
19.
Prior to the end of the term of this Agreement, Licensee may submit a new
encroachment application to the City. The City will not unreasonably withhold or delay
approval of such application provided that the Encroachment follows the then current
City codes and compliance.
20.
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.
21.
This Agreement shall be binding upon the parties hereto and their successors and
assigns.
22.
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 7 of 12
Revised 12/2022
EXECUTED to be effective on the date signed by the City's Director of
Development Services Department
City:
CITY OF FORT WORTH
�. a41
D. J. Harrell
Director, Development Services Department
Date: 07/03/2025
a� Foie°r°�°ad
ATTEST:
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U A g a°nnn�z654pp
Jannette Goodall,
City Secretary
Approved As To Form and Legality
Jackson Skinner
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.
,Rbecca Owen
Rebecca Owen (Jul 2, 202516:52 CDT)
Kandice Merrick
Development Services Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Tier II Easement Encroachment Agreement Page 8 of 12
Revised 12/2022
Licensee:
Target Corporation
a Minnesota corporation
By.
me: James L. Tucker
Title: Sr. Director
Date: 7/ 1 /2025
STATE OF Minnesota §
COUNTY OF Hennepin
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Minnesota, on this day personally appeared James L. Tucker
Sr. Director (Title) 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 and consideration therein expressed, as the act and deed of
Target Corporation a Minnesota corporation entity type), and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1 day of
July , 2025.
TESS LUZIE MICHALETZ
Notary Public -Minnesota
Notary Public in and for the ._ °L:' My GommiWon Expires 3an.31, 2027
State of Minnesota
Tier 1I Easement Encroachment Agreement Page 9 of 12
Revised 12/2022
11: I LY V_ll19■ �lU .i61 N W&IJ 0 011 J .j NLIX" N : lU 0 W l6111 W W1X'1 IW
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 3rd day of
July , 2025.
�✓���� o�PRY��e�� WENDY L BEARDSLEE .
NotaryPublic in and for the State of Texas n Notary Public ,
* � * STATE OF TEXAS
"� Notary I.D. 13323719-3
9 OF My Comm. Exp. July 28, 2025
. . . .
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Revised 12/2022
EXHIBIT A
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement Page I I of 12
Revised 12/2022
THE CITY OF FORT WORTH
ENCROACHMENT AGREEMENT
TARGET CHISHOLM TRAIL RANCH
SITE
LOCATIO
ENGINEER
KIMLEY-HORN AND ASSOCIATES, INC.
200 NORTH TRAVIS STREET, SUITE 500
SHERMAN, TX, 75090
CONTACT: MICHAEL CARLISLE
PHONE: 469-353-6061
S171 Lr, W ac
N
N ENCROACHMENT #4
ENCROACHMENT #3
ENCROACHMENT #1
�I
} ENCROACHMENT #2
m
m`
LOCATION MAP
N.T.S.
MAPSCO #: TAR-102T, TAR-102U, TAR-102Y
OWNER/DEVELOPER
TARGET CORPORATION
1000 NICOLLET MALL, TPN-12H
MINNEAPOLIS, MN, 55403
CONTACT: ZACK KARTAK
PHONE: 612-761-1664
FORT WORTH
* op��
PREPARED BY.-
Kimley)))Horn
Firm Registration No. F-928
200 North Travis Street, Suite 500
Sherman, Texas 75090
Tel. No. (469) 353-6061
L
LEGAL DESCRIPTION
EASEMENT ENCROACHMENTS
BEING a 0.0102 acre (445 square foot) tract of land (Tract 1), a 0.0155 acre (675 square foot) tract of land (Tract 2), a 0.0052
acre (225 square foot) tract of land (Tract 3), and a 0.0052 acre (225 square foot) tract of land (Tract 4) situated in the Juan Jose
Albirado Survey, Abstract No. 4, City of Fort Worth, Tarrant County, Texas; said tract being a portion of Lot 1, Block 7, Chisholm
Trail Ranch, an addition to the Clty of Fort Worth according to the plat recorded in Instrument No. D225018279 of the Official
Public Records of Tarrant County, Texas;
TRACT 1
COMMENCING at a 5/8-inch iron rod with cap stamped "KHA" set in the north line of Lot 4, Block 7 of said Chisholm Trail Ranch;
THENCE North 74'33'19" East, departing the said north line of Lot 4, a distance of 43.39 feet to the POINT OF BEGINNING
in the south line of a permanent water -sewer facility easement recorded in Instrument No. D222154857 of said Official Public
Records;
THENCE North 00°09'29" West, departing the said south line of the permanent water -sewer facility easement, a distance of 29.67
feet to a point for corner in the north line of the said permanent water -sewer facility easement;
THENCE North 85°29'20" East, along the said north line of the permanent water -sewer facility easement, a distance of 15.04 feet
to a point for corner in the said north line of the permanent water -sewer facility easement;
THENCE South 00°09'29" East, departing the said north line of the permanent water -sewer facility easement, a distance of 29.67
feet to a point for corner in the said south line of the permanent water -sewer facility easement; from said point a 5/8-inch iron rod
with cap stamped "KHA" set bears South 76°50'14" East, a distance of 54.61 feet;
THENCE South 85°29'20" West, along the said south line of the permanent water -sewer facility easement, a distance of 15.04
feet to the POINT OF BEGINNING and containing 445 square feet or 0.0102 acres of land, more or less.
TRACT 2
COMMENCING at the southeast corner of the above -described Tract 1;
THENCE South 89°25'56" East, a distance of 387.59 feet to the POINT OF BEGINNING;
THENCE North 00°00'08" West, a distance of 45.00 feet to a point for corner;
THENCE North 89°59'52" East, a distance of 15.00 feet to a point for corner;
THENCE South 00°00'08" East, a distance of 45.00 feet to a point for corner; from said point a 5/8-inch iron rod with cap
stamped "KHA" set in the west right-of-way line of Chisolm Trail Parkway (a variable width right-of-way) bears South 71 °07'32"
East, a distance of 23.41 feet; said point also being the southeast corner of said Lot 1;
THENCE South 89°59'52" West, a distance of 15.00 feet to the
POINT OF BEGINNING and containing 675 square feet or 0.0155 EASEMENT ENCROACHMENTS
acres of land, more or less. LOT 1, BLOCK 7
CHISHOLM TRAIL RANCH
JUAN JOSE ALBIRADO SURVEY,
ABSTRACT NO. 4
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
Kimlev*Horn
801 Cherry Street, Unit 11, # 1300Tel. No. (817) 335-6511
Fort Worth, Texas 76102 FIRM # 10194040 www.kimley-horn.com
Scale Drawn by Checked by Date I Project No. I Sheet No.
N/A GRW I MCB 4/4/2025 069303021 1 OF 5
WILLIS, REIN 6/17/2025 3:20 PM \\KIMLEY-HORN\CN_FTW\FTW_SURVEY\069303021-TARGET CTP\DWG\0�9303021-TAR ET CTP_EAT _ENCROAC MENTS.DWG
TRACT 3
COMMENCING at the northwest corner of the above -described Tract 2;
THENCE North 11 °01'39" East, a distance of 59.05 feet to the POINT OF BEGINNING in the west line of a 15' permanent
sewer facility easement recorded in Instrument No. D219095019 of said Official Public Records;
THENCE North 00°24'54" West, along the said west line of the 15' permanent sewer facility easement, a distance of 15.00 feet
to a point for corner;
THENCE North 89°50'31" East, departing the said west line of the 15' permanent sewer facility easement, a distance of 15.03
feet to a point for corner in the east line of said 15' permanent sewer facility easement;
THENCE South 00°09'29" East, along the said east line of the 15' permanent sewer facility easement, a distance of 15.00 feet
to a point for corner;
THENCE South 89°50'31" West, departing the said east line of the 15' permanent sewer facility easement, a distance of 14.97
feet to the POINT OF BEGINNING and containing 225 square feet or 0.0052 acres of land, more or less.
TRACT 4
COMMENCING at a 5/8-inch iron rod with "DUNAWAY & ASSOC" cap found for the northeast corner of said Lot 1; said iron rod
being in the said west right-of-way line of Chisholm Trail Parkway;
THENCE South 03°22'48" West, along the said west right-of-way line of Chisholm Trail Parkway, a distance of 59.18 feet
to a point
THENCE North 86°37'12" West, departing the said west right-of-way line of Chisholm Trail Parkway, a distance of 10.24
feet to the POINT OF BEGINNING in the said east line of the 15' permanent sewer facility easement;
THENCE South 03°21'50" West, along the said east line of the 15' permanent sewer facility easement, a distance of 15.03 feet
to a point for corner;
THENCE North 90°00'00" West, departing the said east line of the 15' permanent sewer facility easement, a distance of 14.99
feet to a point for corner in the said west line of the 15' permanent sewer facility easement;
THENCE North 03°21'50" East, along the said west line of the 15' permanent sewer facility easement, a distance of 15.03 feet
to a point for corner;
THENCE North 90°00'00" East, departing the said west line of the 15' permanent sewer facility easement, a distance of 14.99
feet to the POINT OF BEGINNING and containing 225 square feet or 0.0052 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, EASEMENT ENCROACHMENTS
hereby certifies that the foregoing description accurately sets LOT 1, BLOCK 7
out the metes and bounds of the encroachment tracts. CHISHOLM TRAIL RANCH
JUAN JOSE ALBIRADO SURVEY,
,��•.OF• •TF ABSTRACT NO. 4
A,.0`fG\$TER•
MICHAEL CLEO BILLINGSLEY �; o :,N CITY OF FORT WORTH,
REGISTERED PROFESSIONAL • • •••••••••••••••••••••------•• TARRANT COUNTY, TEXAS
LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY
801 CHERRY STREET, ••••••••••••••••••••••••••••�•• Kimlev*Horn
UNIT 11 SUITE 1300 ° 6558
...
FORT WORTH, TEXAS 76102 `9�% :F s sp:°lam 801 Cherry Street, Unit 11, # 1300 Tel. No. (817) 335-6511
PH. 817-335-6511 $ UI�� Fort Worth, Texas 76102 FIRM # 10194040 www.kimley-horn.com
Scale Drawn by Checked by Date I Project No. I Sheet No.
michael.billingsley@kimley-horn.com N/A GRW I MCB 4/4/2025 069303021 2OF5
WILLIS, REN 6/17/2025 3:20 PM \\KIMLEY-HORN\CN FTW\FTW SURVEY\069303021-TARGET CTP\DWGA9303021-TAR ET CTP ES T ENCROAC MENTS.DWG
LEGEND
P.O.C. = POINT OF COMMENCING NORTH
P.O.B. = POINT OF BEGINNING
IRSC = 5/8" IRON ROD W/ "KHA" CAP SET 0 15 30
GRAPHIC SCALE IN FEET
LOT 1, BLOCK 7
CHISHOLM TRAIL RANCH '
(INST. NO. D225018279)
1
1
L�---------'--------�
PERMANENT WATER -SEWER 1
TRACT 1 M — FACILITY EASEMENT
0.0102 ACRES J / J (INST. NO. D222154857)
P.O.C. F_
445 SQ. FT. / (TRACT2) — — _ _ _ _ — — — W
_ _
- L4 \S76`4 _ 89°25'S6"E '387.59' LU
_ - - - IRSC � � � / 3g'19"E 54.61, \
U
H
P.O.C. / IRSC '
(TRACT 1)
� — P.O.B.
(TRACT 1) '
I '
LOT 4, BLOCK 7 IRSC�� i IRSC
CHISHOLM TRAIL RANCH '
(INST. NO. D225018279) '
1
NOTES
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 tracts.
EASEMENT ENCROACHMENTS
LOT 1, BLOCK 7
CHISHOLM TRAIL RANCH
JUAN JOSE ALBIRADO SURVEY,
•.OF• . 1
ABSTRACT NO. 4
MICHAEL CLEO BILLINGSLEY
�Q.•`fG%STER�•
rj; o :,N
CITY OF FORT WORTH,
REGISTERED PROFESSIONAL
• • •••••••••••••••••••••••••••••
TARRANT COUNTY, TEXAS
LAND SURVEYOR NO. 6558
MICHAEL CLEO BILLINGSLEY
CHERRY
••••••••••••••••••••••••••••�••
801 STREET,
UNIT 11 SUITE 1300
° 6558 �•
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Kimlev*Horn
FORT WORTH, TEXAS 76102
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801 Cherry Street, Unit 11, # 1300 it Tel. No. (817) 335-6511
Fort Worth, Texas 76102 FIRM # 10194040
PH. 817-335-6511
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www.kimley-horn.com
michael.billingsley@kimley-horn.com
Scale Drawn by Checked by Date Project No. I Sheet No.
1
1"=30' GRW I MCB 4/4/2025 069303021 301`5
WILLIS, REIN 6/17/2025 3:20 PM \\KIMLEY-HORN\CN FTW\FTW SURVEY\069303021-TARGET CTP\DWG\069303021-TAR ET CTP ES T ENCROAC MENTS.DWG
LEGEND
MATCH LINE SHEET 5
P.O.C. = POINT OF
I
COMMENCING
I
P.O.B. = POINT OF BEGINNING I
IRSC = 5/8" IRON ROD W/ "KHA"
1
CAP SET
I
I
I
I
15'
'
FACIL TY ASE ENT
(INST. NO. D219095019)
'
1
TRACT 3 IPL1'u2
0.0052 ACRES
Q
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225 SQ. FT.
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P.O.B.
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LOT 1, BLOCK 7
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PERMANENT SEWER
TRACT 2
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(INST. NO. D222154812)
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LOT 3, BLOCK 7
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0 15 30
GRAPHIC SCALE IN FEET
EASEMENT ENCROACHMENTS
LOT 1, BLOCK 7
CHISHOLM TRAIL RANCH
JUAN JOSE ALBIRADO SURVEY,
ABSTRACT NO. 4
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
Kimlev)))Horn
801 Cherry Street, Unit 11, # 1300Tel. No. (817) 335-6511
Fort Worth, Texas 76102 FIRM # 10194040 www.kimley-horn.com
Scale Drawn by Checked by Date Project No. I Sheet No.
V = 30' GRW I MCB 4/4/2025 1 069303021 4 OF 5
WILLIS, REIN 6/17/2025 3:20 PM \\KIMLEY-HORN\CN_FTW\FTW_SURVEY\069303021-TARGET CTP\DWG\069303021-TAR ET CTP_ES T_ENCROAC MENTS.DWG
LOT 10, BLOCK 7 1 1 NORTH
CHISHOLM TRAIL RANCH
(INST. NO. D222262499) i i 0 15 30
1 1 GRAPHIC SCALE IN FEET
LINE TABLE
I I P.O.C.
NO. BEARING LENGTH
I I (TRACT 4)
L1 N00°09'29"W 29.67' 5/8" IRF
I I I "DUNAWAY & ASSOC"
L2 N85°29'20"E 15.04' LOT 1, BLOCK 7 I I �I
of
L3 Soo°09'29"E 29.67' CHISHOLM TRAIL RANCH I N
(INST. NO. D225018279) I I
L4 S85°29'20"W 15.04' 1 1 C/)
L5 N00°00'08"W 45.00' I I P.O.B.
(TRACT 4)
L6 N89°59'52"E 15.00' TRACT 4 I L16 I I
L7 S00°00'08"E 45.00' 0.0052 ACRES L18 >-
225 SQ. FT. I Q
L8 S89°59'52"W 15.00' -�
L9 N00°24'54"W 15.00' L14
L10 N89°50'31"E 15.03' I I Q O
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L11 S00°09'29"E 15.00' 1 1 1 J
L12 S89°50'31"W 14.97' I I N
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L14 N90°00'00"W 14.99' 1 1 J < z
L15 NO3°21'50"E 15.03'
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L16 N90°00'00"E 14.99' (INST. NO. D219095019) vJ
L17 S71 °07'32"E 23.41' 1 I I =
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L18 N86°37'12"W 10.24' I I
I I
MATCH LINE SHEET 4
LEGEND
P.O.C. = POINT OF COMMENCING
P.O.B. = POINT OF BEGINNING
IRSC = 5/8" IRON ROD W/ "KHA" CAP SET
EASEMENT ENCROACHMENTS
LOT 1, BLOCK 7
CHISHOLM TRAIL RANCH
JUAN JOSE ALBIRADO SURVEY,
ABSTRACT NO. 4
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
Kimlev)))Horn
801 Cherry Street, Unit 11, # 1300Tel. No. (817) 335-6511
Fort Worth, Texas 76102 FIRM # 10194040 www.kimley-horn.com
Scale Drawn by Checked by Date Project No. I Sheet No.
V = 30' GRW I MCB 4/4/2025 1 069303021 5 OF 5
WILLIS, REIN 6/17/2025 3:21 PM \\KIMLEY-HORN\CN_FTW\FTW_SURVEY\069303021-TARGET CTP\DWG 0�9303021-TAR ET CTP_EAT _ENCROAC MENTS.DWG
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EXISTING PUBLIC 12" I �L — _ — _ AREA — — — — — —
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1 EXISTING 30' PUBLIC —
I PERMANENT WATER -SEWER
FACILITY EASEMENT
I (INST. NO. D222154857)
I
ENGINEER OWNER/DEVELOPER
KIMLEY-HORN AND ASSOCIATES, INC. TARGET CORPORATION
200 NORTH TRAVIS STREET, SUITE 500 1000 NICOLLET MALL, TPN-12H
SHERMAN, TX, 75090 MINNEAPOLIS, MN, 55403
CONTACT: MICHAEL CARLISLE CONTACT: ZACK KARTAK
PHONE: 469-353-6061 PHONE: 612-761-1664
ENCROACHMENT #1 EXHIBIT
Kimley)))Horn
200 North Travis St., S00 Tel. No. (469) 352-2959
Sherman, Texas 75090 FIRM I# 10193822
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1000 NICOLLET MALL, TPN-12H
MINNEAPOLIS, MN, 55403
CONTACT: ZACK KARTAK
PHONE: 612-761-1664
PFIVAIE
ENCROACHMENT #1 PROFILE
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ENGINEER
KIMLEY-HORN AND ASSOCIATES, INC.
820
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200 NORTH TRAVIS STREET, SUITE 500SHERMAN,
819
$� 9200
TX, 75090
North Travis St., S00 Tel. No. (469) 352-2959
CONTACT: MICHAEL CARLISLE
Sherman, Texas 75090 FIRM # 10193822
PHONE: 469-353-6061
0+70 1+00
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I 104/08/2025 I
TM MC 064464421 12 OF 8
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(INST. NO. D225018279)
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PROP. ENCROACHMENT J
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CONTACT:ZACK KARTAK
PHONE: 612-761-1664
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GRAPHIC SCALE 10'
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ENCROACHMENT #2 EXHIBIT
Kimley)))Horn
200 North Travis St., S00 Tel. No. (469) 352-2959
Sherman, Texas 75090 FIRM I# 10193822
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200 North Travis St., S00 Tel. No. (469) 352-2959
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PHONE: 612-761-1664
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ENCROACHMENT #3 EXHIBIT
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200 North Travis St., S00 Tel. No. (469) 352-2959
Sherman, Texas 75090 FIRM I# 10193822
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KIMLEY-HORN AND ASSOCIATES, INC.
200 NORTH TRAVIS STREET, SUITE 500
SHERMAN, TX, 75090
CONTACT: MICHAEL CARLISLE
PHONE: 469-353-6061
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TARGET CORPORATION
1000 NICOLLET MALL, TPN-12H
MINNEAPOLIS, MN, 55403
CONTACT: ZACK KARTAK
PHONE: 612-761-1664
ENCROACHMENT #3 PROFILE
Kimley*Horn
200 North Travis St., S00 Tel. No. (469) 352-2959
Sherman, Texas 75090 FIRM Date I# 10193822
Drawn
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ENGINEER
KIMLEY-HORN AND ASSOCIATES, INC.
200 NORTH TRAVIS STREET, SUITE 500
SHERMAN, TX, 75090
CONTACT: MICHAEL CARLISLE
PHONE: 469-353-6061
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OWNER/DEVELOPER
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1000 NICOLLET MALL, TPN-12H
MINNEAPOLIS, MN, 55403
CONTACT:ZACK KARTAK
PHONE: 612-761-1664
r.
ENCROACHMENT #4 EXHIBIT
Kimley)))Horn
200 North Travis St., S00 Tel. No. (469) 352-2959
Sherman, Texas 75090 FIRM I# 10193822
Drawn
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ENGINEER
KIMLEY-HORN AND ASSOCIATES, INC.
200 NORTH TRAVIS STREET, SUITE 500
SHERMAN, TX, 75090
CONTACT: MICHAEL CARLISLE
PHONE: 469-353-6061
WATER/SEWER
ENCROACHMENT #4
PROP.
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PRIG -ATE
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TARGET CORPORATION
1000 NICOLLET MALL, TPN-12H
MINNEAPOLIS, MN, 55403
CONTACT:ZACK KARTAK
PHONE: 612-761-1664
ENCROACHMENT #4 PROFILE
Kimley*Horn
200 North Travis St., S00 Tel. No. (469) 352-2959
Sherman, Texas 75090 FIRM I# 10193822
Drawn
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By.I 04/ 8/2025 I 06 4644221 I Sheet8 OF 8�
EXHIBIT `B"
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 12 of 12
Revised 12/2022