HomeMy WebLinkAboutContract 63885Date Received: 8/27/2025
Time Received: 4:44 p.m.
Record Number: PN25-00027
City Secretary No.: 63885
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 BJ's Wholesale Club, Inc., a
Delaware corporation ("Licensee"), acting by and through its duly authorized
representative.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 5901 Altamesa
Boulevard, Fort Worth, Texas 76123 ("Property"), being more particularly described as,
Lot 1R4 and Lot 1RX, Block 1, of Tavolo Park, an addition to the City of Fort Worth,
Tarrant County, Texas, as recorded in Deed Records, by Instrument Number
D225069604; and
WHEREAS, the City owns a 35' sewer easement, 30' sewer easement, 15' sewer
easement and 30' mutual access & utility easements and has an interest in a public 10'
utility easement (the "Public Property") adjacent to the Property, dedicated by plat,
depicted on the final plat of the property (FS-24-152), which plat is recorded in the plat
records of Tarrant County as Instrument D225113199; and
WHEREAS, the City owns a Water line 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 D209200964, as depicted on the final plat of the
property ( FS-24-152), which plat is recorded in the plat records of Tarrant County as
Instrument Number D225113199; 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.
OFFICIAL RECORD
NOW, THEREFORE, the City and Licensee agree as follows: CITY SECRETARY
FT. WORTH, TX
Tier II Easement Encroachment Agreement Page I of 13
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AGREEMENT
1.
The City, in consideration of the payment by Licensee of the fee set out below
and covenants and agreements hereinafter contained to be kept and performed by
Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and
occupy a portion of the City's Public Property as described in and at the location shown
on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing,
installing, and maintaining a private storm water drainage facilities (the
"Encroachment"). Upon completion of the Encroachment, Licensee agrees to be
responsible for maintaining the Encroachment within the Public Property. Licensee shall
not expand or otherwise cause the Encroachment to further infringe in or on the Public
Property beyond what is specifically described in Exhibit "A."
2.
All construction, installation, maintenance, and operation of the Encroachment
and the use or occupancy of the Public Property shall comply with and be performed in
strict compliance with this Agreement and with the charter, ordinances, codes, and
policies of the City. Prior to the construction or installation of the Encroachment,
Licensee shall submit all plans and specifications to the Director of the Development
Services Department or duly authorized representative. Licensee shall not commence
construction or installation of the Encroachment nor make any use of the Public Property
until after the execution of this Agreement.
3.
Licensee, at no expense to the City, shall make proper provisions for the
relocation and installation of any existing or future utilities affected by such
Encroachment and the use and occupancy of the Public Property. Licensee has received
the approval and consent of certain franchise utility companies and such consents are
attached hereto as Exhibit "B." Licensee agrees that it shall secure the approval and
consent of all other appropriate utility companies and agencies of the State of Texas and
its political subdivisions. In the event that any installation, reinstallation, relocation, or
repair of any existing or future utility or improvements owned by or constructed by or on
behalf of the public or at public expense is made more costly by virtue of the
construction, maintenance, or existence of the Encroachment and use of Public Property,
Licensee shall pay to City an additional amount equal to such additional actual cost as
reasonably 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.
Tier II Easement Encroachment Agreement Page 2 of 13
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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
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.
Tier II Easement Encroachment Agreement Page 3 of 13
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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 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
Tier II Easement Encroachment Agreement Page 4 of 13
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$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 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.
Tier II Easement Encroachment Agreement Page 5 of 13
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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.
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.
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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 13
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EXECUTED to be effective on the date signed by the City's Director of
Development Services Department
City:
CITY OF FORT WORTH
By: �aWell(Aug 27, 220512:2100 CDT)
D. J. Harrell
Director, Development Services Department
Date: 08/27/2025
ATTEST:
4 nnn
p p� fORT�aad
Pig -00
oo
Jannette Goodall,
City Secretary
Approved As To Form and Legality
Vt�BAL cJ.�eitAt2+.
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.
JA�
Kandice Merrick
Development Services Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Tier II Easement Encroachment Page 8 of 13
Agreement Updated 2024
Licensee:
BJ's Wholesale Club, Inc.
a Delaware corporation
By: , C,
Name: William Werner
Title: EVP Strategy & Development
Date: g I�� `jo��
COMMON WEALTH OF MASSACHUSETTS §
COUNTY OF MIDDLESEX §
BEFORE ME, the undersigned authority, a Notary Public in and for the State
of Massachusetts, on this )Q� day personally appeared William Werner,
WVP Strategy & Development 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 BJ's Wholesale Club, Inc., a Delaware corporation, and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
A� 2025
`�ti14ol1f/1®..
A;
Notary Public in and for the
State of MassachusettsLgel
JENNIFERA. COTE
NOTARY PUBLIC
Comrnomvealth of Masssdwseg6 oP
My Commission Expires t. 9/
February 16. 2029 `
Tier II Easement Encroachment Agreement Page 9 of 13
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11: I LY V_ll19■ �lU :401 N W&IJ 0 irU kA NMAX" N : lU 0 W l61W W W1X'1 lk'
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 27th day of
August 202 25
l�✓��a7 �_�rr�ee
Notary Public in and for the State of Texas
Tier II Easement Encroachment Agreement
Wendy Beardslee
My Commission Expires
* 7/2812029
Notary ID133237193
Page 10 of 13
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EXHIBIT A
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement Page I I of 13
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TEXAS REGISTRATION #14199
ALTAMESA BOULEVARD
VICINITY MAP
ENGINEERING
1903 CENTRAL DRIVE, SUITE #406 ENCROACHMENT BJ'S WHOLESALE
BEDEORD, TX 76021 AGREEMENT CLUB
PHONE: 817.281.0572
i OF.
.........................:
DREW DONOSKY
/ .................................
1�25651
SS��NAL••FNG\`0
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lJ.r.�• a
1 /25
ENCROACHMENT #1
John F. Heath Survey, Abstract No. 641
City of Fort Worth, Tarrant County, Texas
LEGAL DESCRIPTION
Being a 0.016 acre tract of land out of the John F. Heath Survey, Abstract No. 641, situated in
the City of Fort Worth, Tarrant County, Texas, being a portion of Lot 1 R4, Block 1 of Tavolo Park,
Lots 1 R1-1 R4 and Lot 1 RX, Block 1, a subdivision of record in Document Number D225113199
of the Plat Records of Tarrant County, Texas, and being more particularly described by metes
and bounds as follows:
COMMENCING at a 5/8 inch iron rod with yellow plastic cap stamped "DUNAWAY & ASSOC.
INC." found in the West right-of-way line of Chisholm Trail Parkway (State Highway 121 - a
variable width right-of-way), being the Southeast corner of Lot 1 RX of said Block 1;
THENCE, N06048'06"W, leaving the West right-of-way line of said Chisholm Trail Parkway, over
and across said Lots 1 RX and 1 R4, a distance of 538.45 feet to the POINT OF BEGINNING;
THENCE, continuing over and across said Lot 1 R4, the following four (4) courses and distances:
1. S40°12'24"W, a distance of 47.70 feet to a point;
2. N07oO4'16"W, a distance of 20.42 feet to a point;
3. N40ol2'24"E, a distance of 47.70 feet to a point from which a 1/2 inch iron rod with blue
plastic cap stamped "GORRONDONA & ASSOC. INC." found at an angle point in the West
right-of-way line of said Chisholm Trail Parkway, being the common East line of said Lot
1 R4, bears N00°44'02"E, a distance of 315.64 feet;
4. S07oO3'53"E, a distance of 20.42 feet to the POINT OF BEGINNING, and containing an
area of 0.016 acres (715 square feet) of land, more or less.
Bearings are based on GPS observations utilizing the AIITerra RTK Network, North American
Datum of 1983 (Adjustment Realization 2011).
PAGE 1 OF 2
EAGLE
SURVEYING
EAGLE SURVEYING, LLC
222 S. ELM STREET
SUITE: 200
DENTON, TX 76201
(940) 222-3009
TX FIRM # 10194177
JOB NUMBER DRAWN BY DATE
2401.063-15 PM 06-24-2025
I hereby certify that this survey, plan or report was prepared by
me or under my direct supervision and that I am a Registered
Professional Land Surveyor under the laws of the State of Texas
C
PATRICK ANTHONY MALLON
7170
U R o . * OG a4-OAOO
Patrick Mallon Sv Date
R.P.L.S. # 7170 r/
ENCROACHMENT #1
John F. Heath Survey, Abstract No. 641
City of Fort Worth, Tarrant County, Texas
LINE TABLE 1/2" CIRF
LINE BEARING DISTANCE I o �, I "GORRONDONA
L1 S 40°12'24" W 47.70' &ASSOC. INC."
L2 N 07'04' 16" W 20.42' I -o z 1' W
L3 N 40' 12'24" E 47.70' o m I
I L4 S 07003'53" E 20.42'
0
TH
SURVEY I Q0�
J�HN F. "EN
Ap 641 I I Z Z
AgST I 7CD
I I /
ENCROACHMENT #1
0.016 ACRES (715 SQ.FT.) I �/ / / W I
r U) U)
0
P/ = M
LOT 1 R4
BLOCK 1 I POB n
TAVOLO PARK, y = D
LOTS 1R1-1R4& r
LOT 1 RX, BLOCK 1 ^ I \
DOC. NO. D225113199 / I
P.R.T.C.T. / N m I o
l I � p rn w I �� U) -G
C) N rn � cr
15PRIVATE DRAINAGE
wmEASEMENT
�
DOC. NO 225 13199 I II I co \
P.R.T.C.T. I
I
LOT 1 RX
BLOCK 1
POC
5/8" CIRF
PORTION OF CALLED 58.586 ACRES "DUNAWAY &
PATE RANCH RETAIL LP ASSOC. INC."
DOC. NO. D215248526
O.P.R.T.C.T.
NOTE: Bearings are based on GPS observations utilizing the AIITerra RTK
Network, North American Datum of 1983 (Adjustment Realization 2011).
PAGE 2OF2
N LEGEND
EAGLE SURVEYING, LLC
222 S. ELM STREET O BOUNDARY MONUMENT
CIRF CAPPED IRON ROD FOUND
SUITE: 200 POB POINT OF BEGINNING
EAGLE DENTON, TX 76201 POC POINT OF COMMENCEMENT
D
940 222-3009 DOC. NO. DOCUMENT NUMBER
P.R.T.C.T. PLAT RECORDS,
TARRANT COUNTY, TEXAS
SURVEYING
TX FIRM # 10194177 +f O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS,
JOB NUMBER DRAWN BY DATE
ill - 40' TARRANT COUNTY TEXAS
2401.063-15 PM 06-24-2025 0 20 40
ENCROACHMENT #2
John F. Heath Survey, Abstract No. 641
City of Fort Worth, Tarrant County, Texas
LEGAL DESCRIPTION
Being a 0.004 acre tract of land out of the John F. Heath Survey, Abstract No. 641, situated in
the City of Fort Worth, Tarrant County, Texas, being a portion of Lot 1 R4, Block 1 of Tavolo Park,
Lots 1 R1-1 R4 and Lot 1 RX, Block 1, a subdivision of record in Document Number D225113199
of the Plat Records of Tarrant County, Texas, and being more particularly described by metes
and bounds as follows:
COMMENCING at a 5/8 inch iron rod with yellow plastic cap stamped "DUNAWAY & ASSOC.
INC." found in the West right-of-way line of Chisholm Trail Parkway (State Highway 121 - a
variable width right-of-way), being the Southeast corner of Lot 1 RX of said Block 1;
THENCE, N16010'40"W, leaving the West right-of-way line of said Chisholm Trail Parkway, over
and across said Lot 1 RX, a distance of 112.74 feet to a point in the North line of said Lot 1 RX,
being the common South line of said Lot 1 R4, for the POINT OF BEGINNING;
THENCE, N88004'01"W, along the North line of said Lot 1 RX and the common South line of said
Lot 1 R4, a distance of 2.56 feet to a point;
THENCE, leaving the North line of said Lot 1 RX, over and across said Lot 1 R4, the following
three (3) courses and distances:
1. N17°35'35"W, a distance of 52.93 feet to a point;
2. EAST, a distance of 3.59 feet a point from which a 1/2 inch iron rod with blue plastic cap
stamped "GORRONDONA & ASSOC. INC." found at an angle point in the West right-of-way
line of said Chisholm Trail Parkway, being the common East line of said Lot 1 R4, bears
N01°16'35"W, a distance of 711.89 feet;
3. S16°30'02"E, a distance of 52.71 feet to the POINT OF BEGINNING, and containing an
area of 0.004 acres (155 square feet) of land, more or less.
Bearings are based on GPS observations utilizing the AIITerra RTK Network, North American
Datum of 1983 (Adjustment Realization 2011).
PAGE 1 OF 2
EAGLE
SURVEYING
EAGLE SURVEYING, LLC
222 S. ELM STREET
SUITE: 200
DENTON, TX 76201
(940) 222-3009
TX FIRM # 10194177
JOB NUMBER DRAWN BY DATE
2401.063 24 PM 06-24-2025
I hereby certify that this survey, plan or report was prepared by
me or under my direct supervision and that I am a Registered
Professional Land Surveyor under the laws of the State of Texas
PAT . .ANTHONY MALLON
q......;.
7170
css\o.* oG a4-aca5
Patrick Mallon SUR\J� Date
R.P.L.S. # 7170 M
ENCROACHMENT #2
John F. Heath Survey, Abstract No. 641
City of Fort Worth, Tarrant County, Texas
1/2" CIRF
LINE TABLE
"GORRONDONA
LINE
BEARING
DISTANCE
& ASSOC. INC."
rn
COj
L1
N 88004'01" W
2.56'
L2
N 17035'35" W
52.93'
SURVEY'
L3
EAST
3.59'
/
J�HN F . HEAT N� g41
L4
S 16°30'02" E
52.71'
I
ABSTRACT
15PRIVATE DRAINAGE
EASEMENT
DOC. NO. D225113199
P.R.T.C.T.
LOT 1 R4
BLOCK 1
TAVOLO PARK,
LOTS 1 R 1-1 R4 &
LOT 1RX, BLOCK 1
DOC. NO. D225113199
P.R.T.C.T.
=/ II
I I I 30' SANITARY
SEWER EASEMENT
DOC. NO. D225113199
L3 P.R.T.C.T.
I \ C)
�0
I �m�
_ D
-o
D
L1 \� I ° <�
ENCROACHMENT #2 I I I v
0.004 ACRES (155 SQ.FT.) I I y
z\ I U
rnl
VARIABLE WIDTH STORMWATERLOT I RX
FACILITY MAINTENANCE AGREEMENT BLOCK 1 I o I 10' UTILITY EASEMENT
DOC. NO. D225069147 DOC. NO. D218217374
O.P.R.T.C.T. �
P.R.T.C.T.
1_ 20' PRIVATE
15' SANITARY DRAINAGE EASEMENT
SEWER EASEMENT I DOC. NO. D219224841
DOC. NO. D225113199 I D.R.T.C.T.
P.R.T.C.T. _ L
� I POB
5/8" CIRF
PORTION OF CALLED 58.586 ACRES "DUNAWAY &
PATE RANCH RETAIL LP ASSOC. INC."
DOC. NO. D215248526
O.P.R.T.C.T. NOTE: Bearings are based on GPS observations utilizing the AIITerra RTK
Network, North American Datum of 1983 (Adjustment Realization 2011).
PAGE 2OF2
N
EAGLE SURVEYING, LLC LEGEND
222 S. ELM STREET p BOUNDARY MONUMENT
SUITE: 200 CIRF CAPPED IRON ROD FOUND
EAGLE DENTON, TX 76201 POB POINT OF BEGINNING
POC POINT OF COMMENCEMENT
940 222-3009
DOC. NO. DOCUMENT NUMBER
P.R.T.C.T. PLAT RECORDS,
SURVEYING
TX FIRM # 10194177 +f TARRANT COUNTY, TEXAS
O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS,
JOB NUMBER DRAWN BY DATE 1" = 40' TARRANT COUNTY TEXAS
2401.063-24 PM 06-24-2025 0 20 40
ENCROACHMENT #3
John F. Heath Survey, Abstract No. 641
City of Fort Worth, Tarrant County, Texas
LEGAL DESCRIPTION
Being a 0.018 acre tract of land out of the John F. Heath Survey, Abstract No. 641, situated in
the City of Fort Worth, Tarrant County, Texas, being a portion of Lot 1 RX, Block 1 of Tavolo Park,
Lots 1 R1-1 R4 and Lot 1 RX, Block 1, a subdivision of record in Document Number D225113199
of the Plat Records of Tarrant County, Texas and being more particularly described by metes
and bounds as follows:
BEGINNING at a 5/8 inch iron rod with yellow plastic cap stamped "DUNAWAY & ASSOC. INC."
found in the West right-of-way line of Chisholm Trail Parkway (State Highway 121 - a variable
width right-of-way), being the Southeast corner of said Lot 1 RX;
THENCE, N88004'02"W, along the South line of said Lot 1 RX, a distance of 15.08 feet to a point;
THENCE, over and across said Lot 1 RX, the following two (2) courses and distances:
1. N04°05'22"W, a distance of 53.02 feet to a point;
2. S87028'21"E, a distance of 15.10 feet to a point in the West right-of-way line of said
Chisholm Trail Parkway, being the common East line of said Lot 1 RX, from which a 1/2 inch
iron rod with blue plastic cap stamped "GORRONDONA & ASSOC. INC." found at an angle
point in the West right-of-way line of said Chisholm Trail Parkway, being the common East
line of said Lot 1 R4, bears N04oO5'22"W, a distance of 819.90 feet;
THENCE, S04005'22"E, along the West right-of-way line of said Chisholm Trail Parkway and the
common East line of said Lot 1 RX, a distance of 52.86 feet to the POINT OF BEGINNING and
containing an area of 0.018 acres (794 square feet) of land, more or less.
Bearings are based on GPS observations utilizing the AIITerra RTK Network, North American
Datum of 1983 (Adjustment Realization 2011).
PAGE 1 OF 2
EAGLE
SURVEYING
EAGLE SURVEYING, LLC
222 S. ELM STREET
SUITE: 200
DENTON, TX 76201
(940) 222-3009
TX FIRM # 10194177
JOB NUMBER DRAWN BY DATE
2401.063-23 PM 06-24-2025
I hereby certify that this survey, plan or report was prepared by
me or under my direct supervision and that I am a Registered
Professional Land Surveyor under the laws of the State of Texas
Co ° 9N
PAT ... ANTHONY MALLON
7170
06 a4-aoa5
Patrick Mallon �SUR�� Date
R.P.L.S. # 7170 C9
ENCROACHMENT #3
John F. Heath Survey, Abstract No. 641
City of Fort Worth, Tarrant County, Texas
LINE TABLE
LINE
BEARING
DISTANCE 1/2" CIRF
"GORRONDONA
L1
N 88°04'02" W
15.08' & ASSOC. INC."
L2
N 04005'22" W
53.02'
L3
S 87°28'21" E
15.10' I
L4
S 04°05'22" E
52.86' I I \
EATH SURVEY,
J�HA ST ACT Np g4A
\\ 0 'i I \
/ Wa
03
LOT 1R4 \ o �_� 7 10' UTILITY EASEMENT
BLOCK 1 \ '� -7 N I DOC. NO. D218217374
\ 'C) N m�Z P.R.T.C.T.
\I \ ':-A
Z C
ni
w
20' PRIVATE _ —I
71
w g DRAINAGE EASEMENT I I I p
Q w DOC. NO. D219224841 I I o D=
2 (D I',-D.R.T.C.T. I D
0�a� o -G >
U) Z C\1 U 15' SANITARY
c� LOT 1 RX I I I N
= Q o SEWER EASEMENT I D
o w (If BLOCK 1 DOC. NO. D225113199 I L3 7o D
0 z Oz o TAVOLO PARK, P.R.T.C.T. I -G
LOTS 1 R 1-1 R4 &
m 2 p LOT 1 RX, BLOCK 1
g DOC. NO. D225113199 I I ENCROACHMENT #3
U
P.R.T.C.T. I r I r 0.018 ACRES (794 SQ.FT.)
Q N
LL
L1 rvr'10
5/8" CIRF
"DUNAWAY &
PORTION OF CALLED 58.586 ACRES I ASSOC. INC."
PATE RANCH RETAIL LP
DOC. NO. D215248526
O.P.R.T.C.T.
I
I
NOTE: Bearings are based on GPS observations utilizing the AIITerra RTK
Network, North American Datum of 1983 (Adjustment Realization 2011).
PAGE 2OF2
N
EAGLE SURVEYING, LLC LEGEND
222 S. ELM STREET p BOUNDARY MONUMENT
SUITE: 200 CIRF CAPPED IRON ROD FOUND
EAGLE DENTON, TX 76201 DOB POINT BEGINNING
DOC. NO. DOCUMEE NT NUMBER
940 222-3009
P.R.T.C.T. PLAT RECORDS,
TARRANT COUNTY, TEXAS
SURVEYING
TX FIRM # 10194177 q O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS,
TARRANT COUNTY TEXAS
JOB NUMBER DRAWN BY DATE
1"=40'
2401.063-23 PM 06-24-2025 0 20 40
ENCROACHMENT #5
John F. Heath Survey, Abstract No. 641
City of Fort Worth, Tarrant County, Texas
LEGAL DESCRIPTION
Being a 0.027 acre tract of land out of the John F. Heath Survey, Abstract No. 641, situated in
the City of Fort Worth, Tarrant County, Texas, being a portion of Lots 1 R3 and 1 R4, Block 1 of
Tavolo Park, Lots 1 R1-1 R4 and Lot 1 RX, Block 1, a subdivision of record in Document Number
D225113199 of the Plat Records of Tarrant County, Texas, and being more particularly
described by metes and bounds as follows:
COMMENCING at a 1/2 inch iron rod with green plastic cap stamped "EAGLE SURVEYING" set
at the intersection of the West right-of-way line of Chisholm Trail Parkway (State Highway 121 - a
variable width right-of-way) and the South right-of-way line of Altamesa Boulevard (a variable
width right-of-way), being the Northeast corner of said Lot 1 R3;
THENCE, S06°47'33"W, along the West right-of-way line of said Chisholm Trail Parkway, being
the common East line of said Lot 1 R3, a distance of 248.26 feet to the POINT OF BEGINNING;
THENCE, S06047'33"W, continuing along the West right-of-way line of said Chisholm Trail
Parkway and the common East line of said Lots 1 R3 and 1 R4, a distance of 35.01 feet to a point
from which a 1/2 inch iron rod with blue plastic cap stamped "GORRONDONA & ASSOC. INC."
found at an angle point in the West right-of-way line of said Chisholm Trail Parkway, being the
common East line of said Lot 1 R4, bears S06°47'33"W, a distance of 59.23 feet;
THENCE, leaving the West right-of-way line of said Chisholm Trail Parkway, over and across
said Lots 1 R3 and 1 R4, the following four (4) courses and distances:
1. N83o12'27"W, a distance of 38.07 feet to a point;
2. N19°14'19"E, a distance of 35.84 feet to a point;
3. S83°13'10"E, a distance of 5.36 feet to a point;
4. S83°13'10"E, a distance of 24.98 feet to the POINT OF BEGINNING and containing an area
of 0.027 acres (1,198 square feet) of land, more or less.
Bearings are based on GPS observations utilizing the AIITerra RTK Network, North American
Datum of 1983 (Adjustment Realization 2011).
PAGE 1 OF 2
EAGLE
SURVEYING
EAGLE SURVEYING, LLC
222 S. ELM STREET
SUITE: 200
DENTON, TX 76201
(940) 222-3009
TX FIRM # 10194177
JOB NUMBER DRAWN BY DATE
2401.063-25 PM 06-24-2025
I hereby certify that this survey, plan or report was prepared by
me or under my direct supervision and that I am a Registered
Professional Land Surveyor under the laws of the State of Texas
11A-
PATRICK ANTHONY MALLON
.....................
7170
Ess o� yo oG a4-a0o
Patrick Mallon SUR\l� Date
R.P.L.S. # 7170 CI
ENCROACHMENT #5
John F. Heath Survey, Abstract No. 641
City of Fort Worth, Tarrant County, Texas
EATH SURVEY,
PUB LCTgMESA B JOHA STRACT NO 641
RIGhIT-OP_w O �LD VARD
AR/ES POC
LOT 1 R3
BLOCK 1 CIRS
TAVOLO PARK,
LOTS 1 R 1-1 R4 &
LOT 1 RX, BLOCK 1 I
DOC. NO. D225113199 VARIABLE WIDTH I
P.R.T.C.T. DRAINAGE EASEMENT I
0
DOC. NO. D225113199 I rn
P.R.T.C.T. II
I
U) U)
>G�
0L4
35'DR AGE EAELl_
DOC. NODMENT
P.R.2511319gT.C.T. �
I
y = D
LOT 1 R4 I I D rQ
BLOCK 1 L2 �
TAVOLO PARK, ' I I m
LOTS 1 RI -1 R4 & 25' PERMANENT WATER C"
LOT 1RX, BLOCK 1 FACILITY EASEMENT I I ENCROACHMENT #5
DOC. NO. D225113199 DOC. NO. D209200964 v 0.027 ACRES (1,198 SQ.FT.)
P.R.T.C.T. D.R.T.C.T. I I w
CA
I I
LINE TABLE
I W
1/2" CIRF
LINE BEARING DISTANCE "GORRONDONA
L1 S 06047'33" W 35.01' �I & ASSOC. INC.
L2 N 83' 12'27" W 38.07' h
L3 N 19' 14' 19" E 35.84'
L4 S 83°13'10" E 5.36' I 10' UTILITY EASEMENT
DOC. NO. D218217374
L5 S 83013'10" E 24.98' I �I P.R.T.C.T.
NOTE: Bearings are based on GPS observations utilizing the AIITerra RTK
Network, North American Datum of 1983 (Adjustment Realization 2011).
PAGE 2OF2
N LEGEND
EAGLE SURVEYING, LLC
222 S. ELM STREET O BOUNDARY MONUMENT
CIRF CAPPED IRON ROD FOUND
SUITE: 200 POB POINT OF BEGINNING
EAGLE DENTON, TX 76201 POC POINT OF COMMENCEMENT
D
940 222-3009 DOC. NO. DOCUMENT NUMBER
P.R.T.C.T. PLAT RECORDS,
TARRANT COUNTY, TEXAS
SURVEYING
TX FIRM # 10194177 +f D.R.T.C.T. DEED RECORDS,
TARRANT COUNTY, TEXAS
JOB NUMBER DRAWN BY DATE 1 " = 40' O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS,
TARRANT COUNTY TEXAS
2401.063-25 PM 06-24-2025 0 20 40
ENCROACHMENT #6
John F. Heath Survey, Abstract No. 641
City of Fort Worth, Tarrant County, Texas
LEGAL DESCRIPTION
Being a 0.032 acre tract of land out of the John F. Heath Survey, Abstract No. 641, situated in
the City of Fort Worth, Tarrant County, Texas, being a portion of Lot 1 R4, Block 1 of Tavolo Park,
Lots 1 R1-1 R4 and Lot 1 RX, Block 1, a subdivision of record in Document Number D225113199
of the Plat Records of Tarrant County, Texas, and being more particularly described by metes
and bounds as follows:
COMMENCING at a 5/8 inch iron rod with yellow plastic cap stamped "DUNAWAY & ASSOC.
INC." found in the West right-of-way line of Chisholm Trail Parkway (State Highway 121 - a
variable width right-of-way), being the Southeast corner of Lot 1 RX of said Block 1;
THENCE, N04005'22"W, along the West right-of-way line of said Chisholm Trail Parkway, being
the common East line of said Lot 1 RX and said Lot 1 R4, a distance of 728.73 feet to the POINT
OF BEGINNING;
THENCE, leaving the West right-of-way line of said Chisholm Trail Parkway, over and across
said Lot 1 R4, the following five (5) courses and distances:
1. N88°04'02"W, a distance of 35.79 feet to a point;
2. S07003'53"E, a distance of 20.98 feet to a point;
3. S82°56'07"W, a distance of 39.93 feet to a point;
4. N01 °24'48"E, a distance of 33.47 feet to a point;
5. S88°04'03"E, a distance of 71.57 feet to a point in the West right-of-way line of said
Chisholm Trail Parkway and the common East line of said Lot 1 R4, from which a 1/2 inch
iron rod with blue plastic cap stamped "GORRONDONA & ASSOC. INC." found at an angle
point in the West right-of-way line of said Chisholm Trail Parkway, being the common East
line of said Lot 1 R4, bears N04°05'22"W, a distance of 137.48 feet;
THENCE, SO4°05'22"E, along the West right-of-way line of said Chisholm Trail Parkway and the
common East line of said Lot 1 R4, a distance of 6.54 feet to the POINT OF BEGINNING and
containing an area of 0.032 acres (1,377 square feet) of land, more or less.
Bearings are based on GPS observations utilizing the AIITerra RTK Network, North American
Datum of 1983 (Adjustment Realization 2011).
PAGE 1 OF 2
EAGLE
SURVEYING
EAGLE SURVEYING, LLC
222 S. ELM STREET
SUITE: 200
DENTON, TX 76201
(940) 222-3009
TX FIRM # 10194177
JOB NUMBER DRAWN BY DATE
2401.063-27 PM 06-24-2025
I hereby certify that this survey, plan or report was prepared by
me or under my direct supervision and that I am a Registered
Professional Land Surveyor under the laws of the State of Texas
PATRICK ANTHONY MALLON
4V .A...7170 ....:
�tiR°FESs,°� yo 06 a4-aoas
Patrick Mallon �.SUR\I� Date
R.P.L.S. # 7170 M
ENCROACHMENT #6
John F. Heath Survey, Abstract No. 641
City of Fort Worth, Tarrant County, Texas
35PUBLIC SANITARY I I I I II
SEWER EASEMENT
DOC. NO. D225113199
P.R.T.C.T. I 1 11
30' MUTUAL ACCESS & I I 1 I
LOT 1 R4 UTILITY EASEMENT I I I I I
BLOCK 1 DOC. NO. D225113199
TAVOLO PARK, P.R.T.C.T.
LOTS 1R1-1R4& II I 1 i II
LOT 1 RX, BLOCK 1
DOC. NO. D225113199 I I I I I
P.R.T.C.T. I
10' T.E.S.CO. EASEMENT
VOL. 1835, PG. 305 - D.R.T.C.T. 1
VOL. 4831, PG. 384 - D.R.T.C.T. I I I
APPROXIMATE LOCATION AS SCALED I I II
PER DOC. NO. D218217374 - P.R.T.C.T. I I I I I
III i I I I
I I
ENCROACHMENT #6 1 S 88-04:03" E
0.032 ACRES (1,377 SQ.FT.)
d I
+III I I N
LINE TABLE I I
LINE BEARING DISTANCE I I I I L3 1 I
L1 N 88°04'02" W 35.79' 1 I II I II
L2 S 07°03'53" E 20.98-1
L3 S 82056'07" W 39.93' I I I
I
L4 N 01 °24'48" E 33.47'
L5 S 04°05'22" E 6.54-1
LOT 1 RX
NOTE: Bearings are based on BLOCK 1
GPS observations utilizing the AIITerra RTK Network, North PORTION OF CALLED 58.586 ACRES
American Datum of 1983 PATE RANCH RETAIL LP
(Adjustment Realization 2011). DOC. NO. D215248526
O.P.R.T.C.T.
1/2" CIRF
"GORRONDONA
& ASSOC. INC.
I
II
71.57'
L 1 II
I I
II
II
II
II
II
� I
VARIABLE WIDTH
DRAINAGE EASEMENT
DOC. NO. D225113199
z
P.R.T.C.T.
O
O
N
NC
C
W
Oo
PAGE 2OF2
N
EAGLE SURVEYING, LLC
222 S. ELM STREET
SUITE: 200
D 01
(940) 222 3009
EAGLE
SURVEYING TX FIRM #10194177 ¶
JOB NUMBER DRAWN BY DATE
1"=40'
2401.063-27 PM 06-24-2025 0 20 40
10' UTILITY EASEMENT
DOC. NO. D218217374
P.R.T.C.T.
L5
o POB
0
cn
N
N
N
DO
4
w
POC
5/8" CIRF
"DUNAWAY &
ASSOC. INC."
LEGEND
0
BOUNDARY M UMENT
CIRF
CAPPED IRON ROD FOUND
POB
POINT OF BEGINNING
POC
POINT OF COM NCEMENT
DOC. NO.
DOCUMENT NUMBER
P.R.T.C.T.
PLAT RECORDS,
TARRANT COUNTY, TEXAS
D.R.T.C.T.
DEED RECORDS,
TARRANT COUNTY, TEXAS
O.P.R.T.C.T.
OFFICIAL PUBLIC RECORDS,
TARRANT COUNTY TEXAS
ENCROACHMENT #8
John F. Heath Survey, Abstract No. 641
City of Fort Worth, Tarrant County, Texas
LEGAL DESCRIPTION
Being a 0.026 acre tract of land out of the John F. Heath Survey, Abstract No. 641, situated in
the City of Fort Worth, Tarrant County, Texas, being a portion of Lot 1 R4, Block 1 of Tavolo Park,
Lots 1 R1-1 R4 and Lot 1 RX, Block 1, a subdivision of record in Document Number D225113199
of the Plat Records of Tarrant County, Texas, and being more particularly described by metes
and bounds as follows:
COMMENCING at a 5/8 inch iron rod with yellow plastic cap stamped "DUNAWAY & ASSOC.
INC." found in the West right-of-way line of Chisholm Trail Parkway (State Highway 121 - a
variable width right-of-way), being the Southeast corner of Lot 1 RX of said Block 1;
THENCE, N06o47'15"W, leaving the West right-of-way line of said Chisholm Trail Parkway, over
and across said Lots 1 RX and 1 R4, a distance of 510.73 feet to the POINT OF BEGINNING;
THENCE, continuing over and across said Lot 1 R4, the following four (4) courses and distances:
1. S22°31'54"W, a distance of 70.87 feet;
2. N07°03'53"W, a distance of 32.40 feet;
3. N22°31'54"E, a distance of 70.87 feet to a point from which a 1/2 inch iron rod with blue
plastic cap stamped "GORRONDONA & ASSOC. INC." found at an exterior ell corner in the
West right-of-way line of Chisholm Trail Parkway, being an interior ell corner in the common
East line of said Lot 1 R4, bears 1\100°21'52"E, a distance of 331.24 feet;
4. S07oO3'53"E, a distance of 32.40 feet to the POINT OF BEGINNING, and containing an
area of 0.026 acres (1,134 square feet) of land, more or less.
Bearings are based on GPS observations utilizing the AIITerra RTK Network, North American
Datum of 1983 (Adjustment Realization 2011).
PAGE 1 OF 2
EAGLE
SURVEYING
EAGLE SURVEYING, LLC
222 S. ELM STREET
SUITE: 200
DENTON, TX 76201
(940) 222-3009
TX FIRM # 10194177
JOB NUMBER DRAWN BY DATE
2401.063-28 PM 06-30-2025
I hereby certify that this survey, plan or report was prepared by
me or under my direct supervision and that I am a Registered
Professional Land Surveyor under the laws of the State of Texas
�P,C�
C.'
AK ... : PAFR K ANTHONY MALLON
.A...7170 ....:
�tiR°FEss,°� yo 0(,-3o-a0a5
rR.P.L.S.
allon SUR\J� Date
7170 M
ENCROACHMENT #8
John F. Heath Survey, Abstract No. 641
City of Fort Worth, Tarrant County, Texas
1/2" CIRF
LINE TABLE II II & AASSOC.DONINC."
LINE BEARING DISTANCE z
L1 S 22°31'54" W 70.87'I II o of
L2 N 07°03'53" W 32.40' 1 I z m W I I
L3 N 22°31'54" E 70.87'1 �o��
I mn I m
L4 S 07003'53" E 32.40' I I �� co rn
I co
WmD I �I z
I Q0 I
EPATH SURVEo
Y' I
I
N
30HN F. ACT NO 641 I I N c>
/ N
ABSTR mco r-
^ _
-4 D O
ENCROACHMENT #8 / I / m r-
0.026 ACRES (1,134 SQ.FT.)
LOT 1 R4
BLOCK 1
TAVOLO PARK,
LOTS 1R1-1R4 &
LOT 1 RX, BLOCK 1 / I/ M N
DOC. NO. D225113199
P.R.T.C.T. I I II o cmi� "<
rn
I �
15PRIVATE DRAINAGE
EASEMENT 01
DOC. NO. D225113199 I I N I o
P.R.T.C.T.
I I I
LOT 1 RX
BLOCK 1
� POC
PORTION OF CALLED 58.586 ACRES 5/8" CIRF
PATE RANCH RETAIL LP "DUNAWAY &
DOC. NO. D215248526 ASSOC. INC."
O.P.R.T.C.T.
NOTE: Bearings are based on GPS observations utilizing the AIITerra RTK
Network, North American Datum of 1983 (Adjustment Realization 2011).
PAGE 2OF2
N LEGEND
EAGLE SURVEYING, LLC
222 S. ELM STREET O BOUNDARY MONUMENT
CIRF CAPPED IRON ROD FOUND
SUITE: 200 POB POINT OF BEGINNING
EAGLE DENTON, TX 76201 POC POINT OF COMMENCEMENT
D
940 222-3009 DOC. NO. DOCUMENT NUMBER
P.R.T.C.T. PLAT RECORDS,
TARRANT COUNTY, TEXAS
SURVEYING
TX FIRM # 10194177 +f O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS,
TARRANT COUNTY TEXAS
JOB NUMBER DRAWN BY DATE
1"=40'
2401.063-28 PM 06-30-2025 0 20 40
ENCROACHMENT #10
John F. Heath Survey, Abstract No. 641
City of Fort Worth, Tarrant County, Texas
LEGAL DESCRIPTION
Being a 0.010 acre tract of land out of the John F. Heath Survey, Abstract No. 641,
situated in the City of Fort Worth, Tarrant County, Texas, being a portion of Lot 1 R4,
Block 1 of Tavolo Park, Lots 1 R1-1 R4 and Lot 1 RX, Block 1, a subdivision of record in
Document Number D225113199 of the Plat Records of Tarrant County, Texas, and being
more particularly described by metes and bounds as follows:
COMMENCING at a 1/2 inch iron rod with green plastic cap stamped "EAGLE
SURVEYING" set at the Southeast corner of Lot 1 R1 of said Block 1, being the
Southwest corner of Lot 1 R2 of said Block 1;
THENCE, S54042'10"E, over and across said Lot 1 R4, a distance of 32.96 feet to the
POINT OF BEGINNING;
THENCE, continuing over and across said Lot 1 R4, the following six (6) courses and
distances:
1. S86034'39"E, a distance of 20.37 feet to a point;
2. S31 °01'27"W, a distance of 13.99 feet to a point;
3. S76°15'12"W, a distance of 27.23 feet to a point;
4. N87°40'55"W, a distance of 21.68 feet to a point;
5. N76°15'12"E, a distance of 28.59 feet to a point;
6. N31 °01'27"E, a distance of 14.01 feet to the POINT OF BEGINNING and containing
an area of 0.010 acres (420 square feet) of land, more or less.
Bearings are based on GPS observations utilizing the AIITerra RTK Network, North
American Datum of 1983 (Adjustment Realization 2011).
PAGE 1 OF 2
EAGLE
SURVEYING
EAGLE SURVEYING, LLC
222 S. ELM STREET
SUITE: 200
DENTON, TX 76201
(940) 222-3009
TX FIRM # 10194177
JOB NUMBER DRAWN BY DATE
2401.063-32 PM 06-25-2025
I hereby certify that this survey, plan or report was prepared by
me or under my direct supervision and that I am a Registered
Professional Land Surveyor under the laws of the State of Texas
_ OFR.
r�7
PATRICK ANTHONY MALLON
.Al..7170.....: �
�ti �. F S, o . -o o� as-aoa5
Patrick Mallon �SUR\I<" Date
R.P.L.S. # 7170 C/
ENCROACHMENT #10
John F. Heath Survey, Abstract No. 641
City of Fort Worth, Tarrant County, Texas
LOT 1 R1 LOT 1 R2
LOCK 1 BLOCK 1
BPARK, TAVOLO PARK,
TAVOLO
LOTS 1R1-1R4 &
f — LOTS 1 R1-1 R4 & LOT 1 RX, BLOCK 1
LOT 1RX, BLOCK 1 DOC. NO. D225113199
— — — DOC. NO. D225113199 P.R.T.C.T.
P.R.T.C.T. - — -- - - — — — — _
35' PUBLIC DRAINAGE EASEMENT,
PO
C DOC. NO. D225113199
CIRS P.R.T.C.T.
VARIABLE WIDTH PUBLIC— y �y
�2 jO ACnCIRS
CESS & UTILITY EASEMENT
DOC. NO. D225113199
— _ 35' PUBLIC SANITARY 96-P.R.T.C.T.�
SEWER EASEMENT — — — — — p L 1
DOC. NO. D225113199_J—
P.R.T.C.T.
— — — — — — — — — — - L3
`ENCROACHMENT #10
HEATH SURVEY+ 0.010 ACRES (420 SQ.FT.)
JOHA sTRACT N�. 641
LOT 1R4 LINE TABLE
BLOCK 1 LINE BEARING DISTANCE
TAVOLO PARK, I L1 S 86°34'39" E 20.37' 1
LOTS 1 R 1-1 R4 &
LOT 1 RX, BLOCK 1 L2 S 31 °01'27" W 13.99-
DOC. NO. D225113199 I L3 S 76-15-12" W 27.23' 1
P.R.T.C.T. I L4 N 87°40'55" W 21.68-1
L5 N 76° 15'12" E 28.59' 1
L6 N 31 °01'27" E 14.01' 1
NOTE: Bearings are based on GPS observations utilizing the AIITerra RTK I L7 N 76039'30" E 60.84'
Network, North American Datum of 1983 (Adjustment Realization 2011).
PAGE 2OF2
N
EAGLE SURVEYING, LLC LEGEND
222 S. ELM STREET p BOUNDARY MONUMENT
SUITE: 200 CIRS 1/2" CAPPED IRON ROD SET
EAGLE DENTON, TX 76201 - STAMPED "EAGLE SURVEYING"
POB POINT OF BEGINNING
940 222-3009
POC POINT OF COMMENCEMENT
P.R. C.TNO. DOCUMENT NUMBER
SURVEYING
TX FIRM # 10194177 +I P.R.T.C.T. PLAT RECORDS,
TARRANT COUNTY, TEXAS
JOB NUMBER DRAWN BY DATE
1"=20'
2401.063-32 PM 06-25-2025 0 10 20
ENCROACHMENT #11
John F. Heath Survey, Abstract No. 641
City of Fort Worth, Tarrant County, Texas
LEGAL DESCRIPTION
Being a 0.005 acre tract of land out of the John F. Heath Survey, Abstract No. 641,
situated in the City of Fort Worth, Tarrant County, Texas, being a portion of Lot 1 R4,
Block 1 of Tavolo Park, Lots 1 R1-1 R4 and Lot 1 RX, Block 1, a subdivision of record in
Document Number D225113199 of the Plat Records of Tarrant County, Texas, and being
more particularly described by metes and bounds as follows:
COMMENCING at a 1/2 inch iron rod with green plastic cap stamped "EAGLE
SURVEYING" set at the Southeast corner of Lot 1 R2 of said Block 1, being an interior ell
corner of said Lot 1 R4;
THENCE, S40°57'18"E, over and across said Lot 1 R4, a distance of 26.01 feet to the
POINT OF BEGINNING;
THENCE, continuing over and across said Lot 1 R4, the following four (4) courses and
distances:
S83°13'10"E, a distance of 11.18 feet to a point from which a 1/2 inch iron rod with
green plastic cap stamped "EAGLE SURVEYING" set at the Southwest corner of Lot
1 R3 of said Block 1, being an interior ell corner of said Lot 1 R4, bears N05o 19'03"E,
a distance of 17.50 feet;
2. S33°23'18"W, a distance of 23.75 feet to a point;
3. N83°13'10"W, a distance of 11.18 feet to a point;
4. N33°23'18"E, a distance of 23.75 feet to the POINT OF BEGINNING and containing
an area of 0.005 acres (238 square feet) of land, more or less.
Bearings are based on GPS observations utilizing the AIITerra RTK Network, North
American Datum of 1983 (Adjustment Realization 2011).
PAGE 1 OF 2
EAGLE
SURVEYING
EAGLE SURVEYING, LLC
222 S. ELM STREET
SUITE: 200
DENTON, TX 76201
(940) 222-3009
TX FIRM # 10194177
JOB NUMBER DRAWN BY DATE
2401.063-31 PM 06-25-2025
I hereby certify that this survey, plan or report was prepared by
me or under my direct supervision and that I am a Registered
Professional Land Surveyor under the laws of the State of Texas
rco�7
N
PAFEK ANT 6 MALL0N
A 7170 •)
�°FEss,°� yo o� as-aoa5
Patrick Mallon �SUR\J Date
R.P.L.S. # 7170 C9
ENCROACHMENT #11
John F. Heath Survey, Abstract No. 641
City of Fort Worth, Tarrant County, Texas
LOT 1 R3
LOT 1 R2 BLOCK 1
BLOCK 1 TAVOLO PARK,
TAVOLO PARK, LOTS 1 R1-1 R4 &
LOTS 1 R1-1 R4 & LOT 1 RX, BLOCK 1
— _ LOT 1 RX, BLOCK 1 DOC. NO. D225113199
DOC. NO. D225113199 / P.R.T.C.T.
P.R.T.C.T.
1 — — -
_ POC 35'PUBL/C
CIRS DRA/NA
GE EASE DOC. NO. D225113199 A9ENT
VAR/ABLE — CIRS P.R. T.C.T.
WIDTH P —
ACCESS &UTILITY C/BL/C� — — — — —
EASEA4EN \ I —
DOC. NO. D225113199 \ `� — — —
_P.R.T.C.T.i
_ �I ---- _ _ — _ I — —
35' PUBLIC — — _ I
SANITARY , — — L2 I
SEWER EASEMENT \ _ _
DOC. NO. D225113199 VAR/ABLE
P.R.T. I — ACWIDTH MUTUAL
C.T. CESS I UTILITYE4ENT
- — IVDOC. NO. D2ASEA25113199
v� — P.R.T.C.T.
10' WATER EASEMENT — — — — — — _
DOC. NO. D225113199 ENCROACHMENT #11 — — — —
P.R.T.C.T. 0.005 ACRES (238 SQ.FT.)
LINE TABLE pHN F 641
HEATH Sv
LINE BEARING DISTANCE ABSTRAC-T NO 4
L1 S 40'57'18" E 26.01' LOT 1R4
L2 S 83013'10" E 11.18' BLOCK 1
TAVOLO PARK,
L3 S 33'23'18" W 23.75' LOTS 1R1-1R4 &
L4 N 83'13'10" W 11.18' LOT 1RX, BLOCK 1
L5 N 33023'18" E 23.75' DOC. NO. D225113199
P.R.T.C.T.
L6 N 05019'03" E 17.50'
NOTE: Bearings are based on GPS observations utilizing the AIITerra RTK
Network, North American Datum of 1983 (Adjustment Realization 2011).
PAGE 2OF2
N
EAGLE SURVEYING, LLC LEGEND
222 S. ELM STREET p BOUNDARY MONUMENT
SUITE: 200 CIRS 1/2" CAPPED IRON ROD SET
EAGLE DENTON, TX 76201 STAMPED "EAGLE SURVEYING"
POB POINT OF BEGINNING
940 222-3009
POC POINT OF COMMENCEMENT
P.R. C.TNO. DOCUMENT NUMBER
SURVEYING
TX FIRM # 10194177 +I P.R.T.C.T. PLAT RECORDS,
TARRANT COUNTY, TEXAS
JOB NUMBER DRAWN BY DATE
1"=20'
2401.063-31 PM 06-25-2025 0 10 20
ENCROACHMENT #12
John F. Heath Survey, Abstract No. 641
City of Fort Worth, Tarrant County, Texas
LEGAL DESCRIPTION
Being a 0.005 acre tract of land out of the John F. Heath Survey, Abstract No. 641, situated in
the City of Fort Worth, Tarrant County, Texas, being a portion of Lot 1 R4, Block 1 of Tavolo Park,
Lots 1 R1-1 R4 and Lot 1 RX, Block 1, a subdivision of record in Document Number D225113199
of the Plat Records of Tarrant County, Texas, and being more particularly described by metes
and bounds as follows:
COMMENCING at a 1/2 inch iron rod with green plastic cap stamped "EAGLE SURVEYING" set
at the intersection of the West right-of-way line of Chisholm Trail Parkway (State Highway 121 - a
variable width right-of-way) and the South right-of-way line of Altamesa Boulevard (a variable
width right-of-way), being the Northeast corner of Lot 1 R3 of said Block 1;
THENCE, S31 °30'29"W, leaving the west right-of-way line of said Chisholm Trail Parkway, over
and across said Lots 1 R3 and 1 R4, a distance of 290.91 feet to the POINT OF BEGINNING;
THENCE, continuing over and across said Lot 1 R4, the following four (4) courses and distances:
1. S33°23'18"W, a distance of 23.75 feet to a point from which a 1/2 inch iron rod with blue
plastic cap stamped "GORRONDONA & ASSOC. INC." found at an angle point in the West
right-of-way line of said Chisholm Trail Parkway, being the common East line of said Lot
1 R4, bears S56°54'31 "E, a distance of 85.72 feet;;
2. N83°13'10"W, a distance of 11.18 feet to a point;
3. N33°23'18"E, a distance of 23.75 feet to a point;
4. S83°13'10"E, a distance of 11.18 feet to the POINT OF BEGINNING and containing an area
of 0.005 acres (238 square feet) of land, more or less.
Bearings are based on GPS observations utilizing the AIITerra RTK Network, North American
Datum of 1983 (Adjustment Realization 2011).
PAGE 1 OF 2
EAGLE
SURVEYING
EAGLE SURVEYING, LLC
222 S. ELM STREET
SUITE: 200
DENTON, TX 76201
(940) 222-3009
TX FIRM # 10194177
JOB NUMBER DRAWN BY DATE
2401.063-30 PM 06-30-2025
I hereby certify that this survey, plan or report was prepared by
me or under my direct supervision and that I am a Registered
Professional Land Surveyor under the laws of the State of Texas
C
Patrick Mallon
R.P.L.S. # 7170
�EOFRF+9N
c
PATRICK ANTHONY MALLON
<. q ..7170
F s S. ° yo o�- -aoas
SUR�I Date
ENCROACHMENT #12
John F. Heath Survey, Abstract No. 641
City of Fort Worth, Tarrant County, Texas
LINE TABLE I OHN F' HEATH 0.64A
LINE BEARING DISTANCE I ABSTRACT N
L1 S 33'23'18" W 23.75'1 ALTq
L2 N 83013-10" W 11.18' I P�BLIC RI MEOp BOULEVARD
L3 N 33023-18" E 23.75' I wII)TH VARIES
L4 S 83-13'10" E 11.18'I VS
LOT 1 R3
35' PUBLIC BLOCK 1
DRAINAGE EASEMENT TAVOLO PARK,
DOC. NO. D218217374 LOTS 1R1-1R4 & /
P.R.T.C.T. I
LOT '
DOC. NO. D225113199
- 15' WATER EASEMENT P.R.T.C.T.
DOC. NO. D218217374 '
P.R.T.C.T.
ENCROACHMENT #12 POB
_ 0.005 ACRES (238 SQ.FT.) _ _ L4
L2
35' PUBLIC SANITARY I
SEWER EASEMENT
DOC. NO. D225113199 I `SS6
P.R.T.C.T. Sg3� I�
VARIABLE WIDTH MUTUAL I i I8s)2\
LOT 1 R4 ACCESS & UTILITY EASEMENT
BLOCK 1 DOC. NO. D225113199 I I 1/2" CIRF
TAVOLO PARK, P.R.T.C.T. "GORRONDONA
LOTS 1R1-1R4& I I &ASSOC.INC.
LOT 1RX, BLOCK 1
DOC. NO. D225113199
P.R.T.C.T.
NOTE: Bearings are based on GPS observations utilizing the AIITerra RTK
Network, North American Datum of 1983 (Adjustment Realization 2011).
PAGE 2OF2
N LEGEND
EAGLE SURVEYING, LLC
222 S. ELM STREET O BOUNDARY MONUMENT
CIRF CAPPED IRON ROD FOUND
SUITE: 200 POB POINT OF BEGINNING
EAGLE DENTON, TX 76201 POC POINT OF COMMENCEMENT
D
940 222-3009 DOC. NO. DOCUMENT NUMBER
P.R.T.C.T. PLAT RECORDS,
TARRANT COUNTY, TEXAS
SURVEYING
TX FIRM # 10194177 +f D.R.T.C.T. DEED RECORDS,
TARRANT COUNTY, TEXAS
JOB NUMBER DRAWN BY DATE 1" = 40' O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS,
TARRANT COUNTY TEXAS
2401.063-30 PM 06-30-2025 0 20 40
DRAINAGE
EASEMENT
100VR FULLY DEVELOPED
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1903 CENTRAL DRIVE, SUITE #406
BEDFORD, TX 76021
PHONE: 817.281.0572
W W W.CLAYMOOREENG.COM
ENCROACHMENT EXHIBIT - SHEET 1 OF 7
ENCROACHMENT BYS WHOLESALE
AGREEMENT CLUB
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1903 CENTRAL DRIVE, SUITE #406
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(PRIVATE)I I ' I — O.P.R.T.C.T.
TEXAS REGISTRATION #14199
ENGINEERING
1903 CENTRAL DRIVE, SUITE #406
BEDFORD, TX 76021
PHONE: 817.281.0572
W W W.CLAYMOOREENG.COM
ENCROACHMENT EXHIBIT - SHEET 4 OF 7
ENCROACHMENT
AGREEMENT
BJ'S WHOLESALE
CLUB
1 /25
Fl
11
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TEXAS REGISTRATION #14199
NGINEERING
1903 CENTRAL DRIVE, SUITE #406
3EDFORD, TX 76021
'HONE: 817.281.0572
NW W.CLAYMOOREENG.COM
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WITH CONCRETE COLLAR
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EXHIBIT B
Franchise Utility Letters
Tier II Easement Encroachment Agreement Page 12 of 13
Updated 2024
Docusign Envelope ID: 5BD664A9-0477-4F98-B467-4FE8lA29749E
�TM OS
energy
July 22, 2025
Re: Encroachment into Utility Easement
Location: Altamesa Blvd & Harris Pkwy, Fort Worth, TX 76123
Mark Torres,
Upon your request, I have reviewed the location of the gas facilities near your
project site. Atmos does not object to the encroachment located at the property listed
above. Verification of the gas line can be obtained through 811 Call Before You Dig.
Any damage cause to Atmos facilities due to such encroachment will be billed to the
party causing the Damage.
If you have any questions, please contact me at (817) 319-2237
Sincerely,
DSigned by:
'Sbvu 1 likbvu
0761AE1 BEODD48B...
Jason Gilson
Project Specialist
Atmos Energy
Email: timothy. ailson(&atmosener2v.com
Atmos Energy Corporation
901 Altamesa, Fort Worth, Texas 76134
P 817-319-2237 timothy.gilson@atmosenergy.com atmosenergy.com
S-'6=71ANT
AT&T Right -of -Way
1116 Houston St, Rm.1412
Fort Worth, TX 76102
August 1, 2025
Mark Torres
Clay Moore Engineering
3231 Harwood Road
Bedford, TX 76021
RE: AT&T Letter of No Objection — Storm Water and Sanitary Sewer Lines
Tavolo Park Addition — Lots 1R1 to 1114, Block 1— D225113199
Fort Worth, Tarrant County, Texas
Mr. Torres,
Southwestern Bell Telephone Company, d/b/a AT&T Texas, has no objections to the construction
of the storm water and sanitary sewer lines on the property referenced above at 5901 Altamesa
Blvd.
It is not the intent of this letter to waive any rights granted to AT&T in said platted utility
easements or right-of-way except to permit this encroachment. AT&T shall continue to have
unrestricted access to, on and across the easement/right-of-way for installation, repairs,
replacement, or upgrades to facilities.
There could be overhead and/or underground facilities within the area. Exercise extreme caution
with respect to such facilities. Contact Texas811 for underground locates before any digging is
done. Costs of any damages to facilities would be at your expense.
Please let me know if you have any questions or concerns.
Sincerely,
A;' 4, &,-e
Ray A. Garcia
AT&T — Sr. Specialist OSP Design Engineer I Right -of -Way
817-550-7576
ray.earcia@att.com
July 31, 2025
Customer / Contractor Name: Mark Torres/ClayMoore Engineering
Street Address:
City / State / Zip:
To whom it may concern,
5901 Altamesa Blvd.
Fort Worth, TX 76132
ONCOR Electric Delivery LLC
777 Main St. Suite 707 (1033-06)
Fort Worth, TX 76102
817-215-2071
DerokVanDevander2@oncor.com
Distribution Right -of -Way
Re: Lots 1R1-1114, 1RX, Block 1, Tavolo Park, being a 20.34 acre tract of land.
Oncor Electric Delivery Company, LLC has no objection to the proposed improvement(s) affecting a
utility easement located on the aforementioned property recorded under instrument number
D218217374 and as indicated by Clay Moore Engineering to be storm drain, sewer line, and water
line, provided the proper clearances are maintained.
Sincerely, )541v6ML_�tvj�
Derek VanDevander
Distribution -Right of Way
Spectrum►
July 15, 2025
RE: Easement encroachment
Location: Altamesa Blvd & Harris Pkwy, Fort Worth TX 76123
Spectrum Communications hereby grants an encroachment for the purpose of building into
portion of the Utility Easement associated with the property located at; Altamesa Blvd & Harris
Pkwy, Fort Worth TX 76123. Spectrum Communications reserves the right to have access to any
other 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 (httas://texas81 l.om/) 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 DL-NTX-External-
Requests@charter.com. Please share this information with whoever needs these services.
Sincerely,
Charter
pectrum�
John Janusik I Business Development Specialist
1776 N Greenville Ave I Richardson, TX 75081
Email: john.janusik@charter.com
Office: 214.319.4904
Mobile: 214.724.5815
EXHIBIT C
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 13 of 13
Updated 2024