HomeMy WebLinkAbout064943 - General - Contract - Northwest Village (Fort Worth) Owner, LLC (2)Date Received: 3/27/2026
Time Received: 8.00 a.m.
Record Number: PN23-00182
City Secretary No.. 64943
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 Northwest Village (Fort Worth)
Owner, LLC, a Delaware limited liability company ("Licensee"), acting by and through
its duly authorized representative.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 900 Excel
Avenue, Fort Worth, Texas 76247 ("Property"), being more particularly described as, a
15,267 acre tract of land situated in the Guadalupe Cardinas Survery, Abstract No. 217,
City of Fort Worth, Denton County, Texas, as recorded in Deed Records, by Instrument
Number 2023-1687; and
WHEREAS, the City owns a water and sanitary sewer easement (the "Public
Property") adjacent to the property, dedicated to the City in an easement filed in the
Denton County Deed Records as Instrument Number 2024-122153, as depicted on the
final plat of the property (FP-24-039), which plat is recorded in the plat records of
Denton County as Instrument Number 2026-80; 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,
Tier II Easement Encroachment Agreement OFFICIAL RECORD Page I of I I
CITY SECRETARY Revised 12/2022
FT. WORTH, TX
installing, and maintaining a private storm drainage pipe connect to the public drop inlet
within the City's drainage easement (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 Exhibits "A"
2.
All construction, installation, maintenance, and operation of the Encroachment
and the use or occupancy of the Public Property shall comply with and be performed in
strict compliance with this Agreement and with the charter, ordinances, codes, and
policies of the City. Prior to the construction or installation of the Encroachment,
Licensee shall submit all plans and specifications to the Director of the Development
Services Department or duly authorized representative. Licensee shall not commence
construction or installation of the Encroachment nor make any use of the Public Property
until after the execution of this Agreement.
3.
Licensee, at no expense to the City, shall make proper provisions for the
relocation and installation of any existing or future utilities affected by such
Encroachment and the use and occupancy of the Public Property, including the securing
the approval and consent of the appropriate utility companies and agencies of the State of
Texas and its political subdivisions. In the event that any installation, reinstallation,
relocation, or repair of any existing or future utility or improvements owned by or
constructed by or on behalf of the public or at public expense is made more costly by
virtue of the construction, maintenance, or existence of the Encroachment and use of
Public Property, Licensee shall pay to City an additional amount equal to such additional
cost as determined by the Director of Transportation and Public Works, the Director of
the Water Department, the Director of the Development Services Department, or their
duly authorized representative.
4.
Licensee agrees that City may enter and utilize the Public Property at any time for
any public purpose, including installing, repairing, replacing, or maintaining
improvements to its public facilities or utilities necessary for the health, safety, and
welfare of the public. The City shall have no responsibility or liability for any damages
related to the Encroachment resulting from the City's use of the Public Property;
however, the City shall make reasonable efforts to minimize such damage.
5.
Upon termination of this Agreement, Licensee shall, at the option of and at no
expense to the City, remove the Encroachment and restore the Public Property to a
Tier II Easement Encroachment Agreement Page 2 of I I
Revised 12/2022
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.
in
In order to defray all costs of inspection and supervision which the City has
incurred or will incur as a result of the construction, maintenance, inspection or
management of the Encroachment and use of Public Property as provided for by this
Agreement, Licensee agrees to pay to City at the time this Agreement is requested an
application fee in the sum of One Thousand Twelve Dollars and Fifty Cents
($1012.50).
7.
The term of this Agreement shall be for thirty (30) years, commencing on the
date this Agreement is executed by City. However, the City may terminate this
Agreement upon Licensee's noncompliance with any of the terms of this Agreement.
City shall notify Licensee in writing of any such noncompliance and if Licensee does not
cure the noncompliance within thirty (30) days of notice from City, the City may
terminate this Agreement. However, the City may, at its sole option, allow the Agreement
to remain in effect so long as Licensee has taken reasonable measures to cure the
noncompliance or is continuing to diligently attempt to remedy the noncompliance.
8.
It is further understood and agreed between the parties hereto that the Public
Property to be used and encroached upon is held by City as trustee for the public; that
City exercises such powers over the Public Property as have been delegated to it by the
Constitution of the State of Texas or by the Texas Legislature; and that City cannot
contract away its duty and its legislative power to control the Public Property for the use
and benefit of the public. It is accordingly agreed that if the governing body of City may
at any time during the term hereof determine in its sole discretion to use or cause or
permit the Public Property to be used for any other public purpose, including but not
being limited to underground, surface, or overhead communication, drainage, sanitary
sewerage, transmission of natural gas or electricity, or any other public purpose, whether
presently contemplated or not, that the parties agree to negotiate in good faith in order to
accommodate both the Encroachment and the public purpose.
Tier H Easement Encroachment Agreement Page 3 of 11
Revised 12/2022
9.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION
WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION,
MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE
ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT
CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF
THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND
RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL
LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL
INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY
PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE
ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF
LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES.
10.
While this Agreement is in effect, Licensee agrees to furnish City with a
Certificate of Insurance naming City as certificate holder as proof that is has secured and
paid for a policy of public liability insurance covering all public risks related to the
proposed use and occupancy of public property as located and described in Exhibit "A."
The amounts of such insurance shall be not less than
$1,000,000
with the understanding and agreement by Licensee that such insurance amounts may be
revised upward at City's option and that Licensee shall so revise such amounts
immediately following notice to Licensee of such requirement. Such insurance policy
shall not be canceled or amended without at least thirty (30) days prior written notice to
the Building Official of the City. A copy of such Certificate of Insurance is attached as
Exhibit `B" and incorporated herein for all purposes. Licensee agrees, binds,
and obligates itself and its successors and assigns to maintain and keep in force such
public liability insurance at all times during the term of this Agreement and until the
removal of the Encroachment and restoration of the Public Property. All
insurance coverage required herein shall include coverage of all Licensee's contractors
and subcontractors.
Tier II Easement Encroachment Agreement Page 4 of 11
Revised 12/2022
11.
Licensee agrees to deposit with the City when this Agreement is executed a
sufficient sum of money to be used to pay necessary fees to record this Agreement in the
real property records of the county in which the Encroachment is located. After being
recorded, the original shall be returned to the City Secretary of the City of Fort Worth.
12.
Licensee agrees to comply fully with all applicable federal, state, and local laws,
statutes, ordinances, codes, and regulations in connection with the construction,
operation, and maintenance of the Encroachment and use of the Public Property.
13.
Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for
by this Agreement or by any federal, state, or local statute, law, or regulation.
14.
Licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as an officer, agent,
servant, or employee of City, and Licensee shall have exclusive control of and the
exclusive right to control the details of its operations, and all persons performing same,
and shall be solely responsible for the acts and omissions of its officers, agents, servants,
employees, contractors, subcontractors, licensees, and invitees. The doctrine of
respondeat superior shall not apply as between City and Licensee, its officers, agents,
servants, employees, contractors, and subcontractors, and nothing herein shall be
construed as creating a partnership or joint enterprise between City and Licensee.
15.
Licensee agrees and acknowledges that this Agreement is solely for the purpose
of permitting Licensee to construct, maintain, and locate the Encroachment over or within
the Public Property and is not a conveyance of any right, title, or interest in or to the
Public Property, nor is it meant to convey any right to use or occupy property in which a
third -party may have an interest. Licensee agrees that it will obtain all necessary
permissions before occupying such property.
16.
In any action brought by the City for the enforcement of the obligations of the
Licensee, City shall be entitled to recover interest and reasonable attorneys' fees.
Tier H Easement Encroachment Agreement Page 5 of 11
Revised 12/2022
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.
Any cause of action for breach of this Agreement shall be brought in Denton
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.
Tier II Easement Encroachment Agreement Page 6 of 11
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
DaG 0ii ttarrett
By: Dalton Harrell (Mar 26, 2026 10:49:25 CDT)
D. J. Harrell
Director, Development Services Department
Date: 03/26/2026
�4� Fopr°aea
ATTEST: pr0000 *40' Approved As To Form and Legality
Jannette Goodall, Tayler Canton
City Secretary Assistant City Attorney
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
jzk:L?:)
Kandice Merrick
Development Services Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Tier H Easement Encroachment Agreement Page 7 of 11
Revised 12/2022
Licensee:
Northwest Village (Fort Worth) Owner, LLC
a Delaware limited liability company
N e• J. Ke nier
Ti sident
Date:
STATE OF � (— §
COUNTY OF 0, k- e §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
on this day personally appeared e✓
(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
Wes! U—C— (entity type), and in the capacity
r
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
_ " , 2026.
Notary Public in and for the -
State of
Tier II Easement Encroachment Agreement
Notary [:RD
Page 8 of 11
Revised 12/2022
x�*THIS PAGE FOR CITY OF FORT WORTH OFFICE USE ONLY*-'- *1
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 this26th day of
March , 2025.
Aa.��
Notary Public in and for the State of Texas
KATHLFEN BRADFORD
Notary Public
+ + STATE OF TEXAS
y. 66'YV Notary I.D.12197197
v M Comm. Ex , Apr.12 2027
Tier H Easement Encroachment Agreement Page 9 of 11
Revised 12/2022
EXHIBIT A
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement Page 10 of 11
Revised 12/2022
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TX REG. ENGINEERING FIRM F-469
TX REG. SURVEYING FIRM LS-10008001
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EXHIBIT "A"
Pacheco Koch FOR WORTH IRVIN ROAD
FORT WORTH, TX 76109
,a a Westwood company 1 817.412.7155
TX REG. ENGINEERING FIRM F-469 DRAWN BY I CHECKED BY SCALE DATE JOB NUMBER
TX REG. SURVEYING FIRM LS-10008001 SDC MFW 1"=200' 12/11/2024 5410-22.408
EXHIBIT A
EASEMENT ENCROACHMENT AGREEMENT AREA NO.3
Part of Northwest Village (Fort Worth) Owner, LLC
Guadalupe Cardinas Survey, Abstract No. 214
City of Fort Worth, Denton County, Texas
DESCRIPTION, of a 825 square foot (0.019 acres) tract of land situated in the Guadalupe Cardinas Survey,
Abstract No. 214, City of Fort Worth, Denton County, Texas; said tract being part of that tract of land described
in Special Warranty Deed with Vendor's Lien to Northwest Village (Fort Worth) Owner LLC., recorded in
Document Number 2023-1687 of the Official Public Records of Denton County, Texas; said 825 square foot
(0.019 acre) tract being more particularly described as follows (Bearing System for this survey is based on the
Texas Coordinate System of 1983 (2011 adjustment), North Central Zone 4202, based on observations made
on June 13, 2022 with a combined scale factor of 1.000150630);
COMMENCING, at a 4-inch Aluminum Disc stamped "TXDOT" found for a PI in the north right-of-way line of
State Highway 114 (a variable width right-of-way) and in the south line of that tract of land described in Special
Warranty Deed to Traditions Investors, LLC recorded in Document number 2020-37553 of the Official Public
Records of Denton County, Texas;
THENCE, North 86 degrees, 28 minutes, 28 seconds West, along said north line of State Highway 114
and said south line of Traditions Investors, LLC tract, a distance of 82.90 feet to a 1/2 inch iron rod with
"PACHECO KOCH" cap found for the southeast corner of said Northwest Village tract;
THENCE, North 00 degrees, 09 minutes, 50 seconds West, departing said north line of State Highway
114 and along the east line of said Northwest Village tract, a distance of 249.24 feet to a point in the
south line of an existing water & sanitary sewer easement recorded in Document No. 2024-122153 of
said Official Public Records; from said point a 1/2 inch iron rod with "PACHECO KOCH" cap found for
an ell corner in the east line of Northwest Village tract bears North 00 degrees, 09 minutes, 50
seconds West, a distance of 27.50 feet;
THENCE, North 89 degrees, 58 minutes, 10 seconds West, along said south line of the existing water
& sanitary sewer easement, a distance of 13.45 feet to the POINT OF BEGINNING;
THENCE, North 89 degrees, 58 minutes, 10 seconds West, continuing along said south line of existing water &
sanitary sewer easement, a distance of 15.00 feet to a point for corner;
THENCE, North 00 degrees, 01 minutes, 50 seconds East, departing said south line of existing water & sanitary
sewer easement, a distance of 55.00 feet to a point for corner in the north line of said existing water & sanitary
sewer easement;
THENCE, South 89 degrees, 58 minutes, 10 seconds East, along said north line of existing water & sanitary
sewer easement, a distance of 15.00 feet to a point for corner;
THENCE, South 00 degrees, 01 minutes, 50 seconds West, departing said north line of existing water & sanitary
sewer easement, a distance of 55.00 feet to the POINT OF BEGINNING;
CONTAINING: 825 square feet or 0.019 acres of land, more or less.
(A survey plat of even survey date herewith accompanies this description.)
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description
accurately sets out the metes and bounds of the easement encroachment tract described.
2025-02-27 P�� OF r Dustin C. Pustejovsky Date 3 •G�sTE9 ;19
Registered Professional Land Surveyor No. 6690
Westwood Professional Services, Inc. DUSTIN•C.•PUSTEJ0VSKY
9800 Hillwood Parkway, Suite 250, Fort Worth, TX 76177
6690 Q
(817) 562-3350 q O,�ESS %o�o
TX Reg. Surveying Firm LS-10074301 O SUR4�
EX 3 Legal.docx
5410-22.408_EX3.dwg SDC
PAGE 1 OF 2
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_EXHIBIT "A" _
S 89*58'10" E N
15.00'
EASEMENT 0 10 20 40
ENCROACHMENT
AGREEMENT NORTHWEST VILLAGE GRAPHIC SCALE IN FEET
0 0 AREA NO. 3 (FORT WORTH) LEGEND
55' WATER & SANITARY OWNER, LLC. _ — —
SEWER EASEMENT 0.019 ACRES (DOC. NO. 2023-1687) PROPERTY LINE
(DOC. NO. 2024-122153) ( ) EASEMENT LINE
W 3 0 POINT FOR CORNER
F(UNLESS OTHERWISE NOTED)
O O (C.M.) - CONTROLLING MONUMENT
o 1/2-INCH IRON ROD
O W/"PACHECO KOCH"
O O 3 CAP FOUND (C.M.)
O O I�
z V) m ^ PART OF
10 N TRADITIONS INVESTORS, LLC.
Z (DOC. NO. 2020-37553)
14 89'58'10"
13.45'
— — — — — — — — — — — —
N 89'58'10"
'S.°°' POINT OF
BEGINNING
15' PERMANENT WATER FACILITY
PART OF EASEMENT TRADITION MUNICPAL
TRADITIONS INVESTORS, LLC. UTILITY DISTRICT
(DOC. NO. 2020-37553) (DOC. NO. 2019-131151)
NORTHWEST VILLAGE 3 — — — — — (DOC. NO. 2020-208858)
(FORT WORTH) o N —
OWNER, LLC. P - POINT OF
(DOC. N0. 2023-1687) o �"
_--=----- COMMENCING
1/2-INCH IRON ROD N w —
W/"PACHECO KOCH" 82.90
CAP FOUND (C.M.) 4-INCH ALUMINUM
DISC STAMPED
S TA TE HIGH WA Y 114"TXDOT" FOUND (C.M.)
(A CONTROLLED ACCESS VARIABLE WIDTH PUBLIC RIGHT—OF—WAY)
TX REG. ENGINEERING FIRM F-11756 NOTES:
TX REG. SURVEYING FIRM LS-10074301
The undersigned, Registered Professional Land 1. A metes and bounds description of even
Surveyor, hereby certifies that this plat of survey survey date herewith accompanies this plat of
accurately sets out the metes and bounds of ��.OF,,TF survey.
the easement encroachment tract described. ��pQ�G�QT RF:�9�,
DUSTIN. C. �PUSTEJOVSKY
�. �2025-02-27 ....6690.....; ..
Dustin C. Pustejovsky Date
Registered Professional .�S U FtN�
Land Surveyor No. 6690 Y
2. Bearing System for this survey is based on the
Texas Coordinate System of 1983 (2011
adjustment), North Central Zone 4202, based
on observations made on June 13, 2022 with a
combined scale factor of 1.000150630.
do 9800 HILLWOOD PARKWAY
SUITE 250
VVOW FORT WORTH, TX 76177
%IWO, 817.562.3350
DRAWN BY I CHECKED BY SCALE DATE ✓OB NUMBER
I AMB 1"=20' DEC. 2023 1 5410-22.408
EASEMENT ENCROACHMENT
AGREEMENT AREA •3
PART OF
NORTHWEST VILLAGE (FORT WORTH) OWNER, LLC,
LOCATED IN THE CITY OF FORT WORTH
AND BEING OUT OF THE
GUADALUPE CARDINAS SURVEY, ABSTRACT NO. 214
DENTON COUNTY, TEXAS
PAGE 2 OF 2
EXHIBIT A
EASEMENT ENCROACHMENT AGREEMENT AREA NOA
Part of Northwest Village (Fort Worth) Owner, LLC
Guadalupe Cardinas Survey, Abstract No. 214
City of Fort Worth, Denton County, Texas
DESCRIPTION, of a 693 square foot (0.016 acres) tract of land situated in the Guadalupe Cardinas Survey, Abstract
No. 214, City of Fort Worth, Denton County, Texas; said tract being part of that tract of land described in Special
Warranty Deed with Vendor's Lien to Northwest Village (Fort Worth) Owner LLC., recorded in Document Number 2023-
1687 of the Official Public Records of Denton County, Texas; said 693 square foot (0.016 acre) tract being more
particularly described as follows (Bearing System for this survey is based on the Texas Coordinate System of 1983
(2011 adjustment), North Central Zone 4202, based on observations made on June 13, 2022 with a combined scale
factor of 1.000150630);
COMMENCING, at a 4-inch Aluminum Disc Stamped "TXDOT" found for a PI in the north right-of-way line of State
Highway 114 (a variable width right-of-way) and in the south line of that tract of land described in Special Warranty
Deed to Traditions Investors, LLC recorded in Document number 2020-37553 of the Official Public Records of Denton
County, Texas;
THENCE, North 86 degrees, 28 minutes, 28 seconds West, along said north line of State Highway 114 and
said south line of Traditions Investors, LLC tract, a distance of 82.90 feet to a 1/2 inch iron rod with "PACHECO
KOCH" cap found for the southeast corner of said Northwest Village tract;
THENCE, North 00 degrees, 09 minutes, 50 seconds West, along the east line of said Northwest Village tract,
a distance of 249.24 feet to a point in the south line of an existing water & sanitary sewer easement recorded
in Document No. 2024-122153 of said Official Public Records; from said point a 1/2 inch iron rod with
"PACHECO KOCH" cap found at an ell corner in the east line of said Northwest Village bears North 00
degrees, 09 minutes, 50 seconds West, a distance of 27.50 feet;
THENCE, North 89 degrees, 58 minutes, 10 seconds West, along said south line of existing water & sanitary
sewer easement, a distance of 56.33 feet to a point;
THENCE, North 45 degrees, 33 minutes, 37 seconds West, continuing along said south line of existing water
& sanitary sewer easement, a distance of 111.57 feet to the POINT OF BEGINNING;
THENCE, North 45 degrees, 33 minutes, 37 seconds West, continuing along said south line of existing water & sanitary
sewer easement, a distance of 17.32 feet to a point for corner;
THENCE, North 14 degrees, 26 minutes, 23 seconds East, departing said south line of existing water & sanitary sewer
easement, a distance of 46.19 feet to a point for corner in the north line of said existing water & sanitary sewer
easement;
THENCE, South 45 degrees, 33 minutes, 37 seconds East, along said north line existing water & sanitary sewer
easement, a distance of 17.32 feet to a point for corner;
THENCE, South 14 degrees, 26 minutes, 23 seconds West, departing said north line of existing water & sanitary sewer
easement, a distance of 46.19 feet to the POINT OF BEGINNING, -
CONTAINING: 693 square feet or 0.016 acres of land, more or less.
(A survey plat of even survey date herewith accompanies this description.)
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately
sets out the metes and bounds of the easement encroachment tract described.
0F2025-02-27`SrFDustin
C. Pustejovsky DateRegistered
Professional Land Surveyor No. 6690
CDU�S�TIIN.•PUS ........EJOVSKY
Westwood Professional Services, Inc.
••••••••••••:••
9800 Hillwood Parkway, Suite 250, Fort Worth, TX 76177
6690(817)
562-3350
;;FsS%
`I
TX Reg. Surveying Firm LS-10074301
8 U R
EX 4 Legal.doex
5410-22.408_EX4.dwg SDC
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a
c�
EXHIBIT "'Al?
\ s� EASEMENT
U�\ ENCROACHMENT
AGREEMENT o 15 30 60
F AREA NO. 4
693 SF GRAPHIC SCALE IN FEET
\ \ \ (0.016 ACRES) 3
LEGEN D
\ s — — — PROPERTY LINE
Z V . \ \ EASEMENT LINE
0 POINT FOR CORNER
(UNLESS OTHERWISE NOTED)
(C.M.) — CONTROLLING MONUMENT
\
POINT sF
BEGINNING \ �O°
F Q 1/2-INCH IRON ROD
W/"PACHECO KOCH"
/ NORTHWEST VILLAGE 'OAF"�",� CAP FOUND (C.M.)
/ (FORT WORTH) \ A
OWNER, LLC.
/ (DOC. NO. 2023-1687) \ o
0^
O N
N 89'58'10" W z
\�5 6.3 3' _ /\ —t — — — — — —
NORTHWEST VILLAGE 3
(FORT WORTH) J.
LO OWNER, LLC. m PART OF
— — — — — (DOC. NO. 2023-1687) 1P N TRADITIONS INVESTORS, LLC.
— z (DOC. NO. 2020-37553)
------- POINT OF
— — � COMMENCING
15' PERMANENT WATER FACILITY N a6.2$'28° — —
EASEMENT TRADITION MUNICPAL 1/2-INCH IRON ROD 8290,
UTILITY DISTRICT W/"PACHECO KOCH" 4—INCH ALUMINUM DISC
(DOC. NO. 2019-131151) CAP FOUND (C.M.) STAMPED "TXDPT" FOUND (C.M.)
(DOC. NO. 2020-208858) S TA TE HIGH WAY 114
(A CONTROLLED ACCESS VARIABLE WIDTH PUBLIC RIGHT—OF—WAY)
ITX REG. ENGINEERING FIRM F-11756
TX REG. SURVEYING FIRM LS-10074301
The undersigned, Registered Professional Land 1. A metes and bounds description of even
Surveyor, hereby certifies that this plat of survey survey date herewith accompanies this plat of
accurately sets out the metes and bounds of ��.OF,,TF survey.
the easement encroachment tract described. " G�gr RF..
DUSTIN� C. �PUSTEJOVSKY
.......................
o2025-02-27 �; 9 6690 P;
Dustin C. Pustejovsky Date *;OFFSg�0
Registered Professional
Land Surveyor No. 6690 Y
2. Bearing System for this survey is based on the
Texas Coordinate System of 1983 (2011
adjustment), North Central Zone 4202, based
on observations made on June 13, 2022 with a
combined scale factor of 1.000150630.
do 9800 HILLWOOD PARKWAY
SUITE 250
VVOW FORT WORTH, TX 76177
%IWIS, 817.562.3350
DRAWN BY I CHECKED BY SCALE DATE ✓OB NUMBER
I AMB 1"=30' DEC. 2023 1 5410-22.408
EASEMENT ENCROACHMENT
AGREEMENT AREA s4
PART OF
NORTHWEST VILLAGE (FORT WORTH) OWNER, LLC,
LOCATED IN THE CITY OF FORT WORTH
AND BEING OUT OF THE
GUADALUPE CARDINAS SURVEY, ABSTRACT NO. 214
DENTON COUNTY, TEXAS
PAGE 2 OF 2
EXHIBIT A
EASEMENT ENCROACHMENT AGREEMENT AREA NO.5
Part of Northwest Village (Fort Worth) Owner, LLC
Guadalupe Cardinas Survey, Abstract No. 214
City of Fort Worth, Denton County, Texas
DESCRIPTION, of a 225 square foot (0.005 acre) tract of land situated in the Guadalupe Cardinas Survey, Abstract No. 214,
City of Fort Worth, Denton County, Texas; said tract being part of that tract of land described in Special Warranty Deed with
Vendor's Lien to Northwest Village (Fort Worth) Owner LLC., recorded in Instrument Number 2023-1687 of the Official Public
Records of Denton County, Texas; said 225 square foot (0.005 acres) tract being more particularly described as follows
(Bearing System for this survey is based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone
4202, based on observations made on June 13, 2022 with a combined scale factor of 1.000150630);
COMMENCING, at a 4-inch Aluminum Disc Stamped "TXDOT" found for a PI in the north right-of-way line of State Highway
114 (a variable width right-of-way) and in the south line of that tract of land described in Special Warranty Deed to Traditions
Investors, LLC, recorded in Document number 2020-37553 of the Official Public Records of Denton County, Texas;
THENCE, North 86 degrees, 28 minutes, 28 seconds West, along said north line of State Highway 114 and said
south line of Traditions Investors, LLC tract, a distance of 82.90 feet to a 1/2-inch iron rod with "PACHECO KOCH"
cap found for the southeast corner of said Northwest Village tract;
THENCE, North 00 degrees, 09 minutes, 50 seconds West, departing said north line of State Highway 114 and along
the east line of said Northwest Village tract, a distance of 276.74 feet to a 1/2-inch iron rod with "PACHECO KOCH"
cap found at an ell corner in the east line of said Northwest Village tract;
THENCE, South 89 degrees, 58 minutes, 10 seconds East, continuing along said east line of the Northwest Village
tract, a distance of 239.95 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap found at an ell corner in said east
line of the Northwest Village tract and being in the east line of an existing water & sanitary sewer easement recorded
in Document No. 2024-122153 of said Official Public Records;
THENCE, North 00 degrees, 00 minutes, 41 seconds East, continuing along said east line of the Northwest Village
tract and said east line of existing water & sanitary sewer easement, a distance of 310.85 feet to the POINT OF
BEGINNING;
THENCE, North 89 degrees, 59 minutes, 19 seconds West, departing said east line of the Northwest Village tract and said
east line of existing water & sanitary sewer easement, a distance of 15.00 feet to a point for corner in the west line of said
existing water & sanitary sewer easement;
THENCE, North 00 degrees, 00 minutes, 41 seconds East, along said west line of existing water & sanitary sewer easement,
a distance of 15.00 feet to a point for corner;
THENCE, South 89 degrees, 59 minutes, 19 seconds East, departing said west line of existing water & sanitary sewer
easement, a distance of 15.00 feet to a point for corner in said east line of Northwest Village tract and said east line of existing
water & sanitary sewer easement; from said point a 1/2-inch iron rod with "PACHECO KOCH" cap found at an ell corner bears
North 00 degrees, 00 minutes, 41 seconds East a distance of 22.50 feet;
THENCE, South 00 degrees, 00 minutes, 41 seconds West, along said east line of said Northwest Village tract and said east
line of existing water & sanitary sewer easement, a distance of 15.00 feet to the POINT OF BEGINNING;
CONTAINING: 225 square feet or 0.005 acres of land, more or less.
(A survey plat of even survey date herewith accompanies this description.)
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out
the metes and bounds of the easement encroachment tract described.
OF
co
2025-02-27
DUSTIN•C.•PUSTEJOVSKY
Dustin C. Pustejovsky Date
Registered Professional Land Surveyor No. 6690
%' o �•6690 •• �•� ••
!'•,q0
Westwood Professional Services, Inc.
94i�.:�ESS���
9800 Hillwood Parkway, Suite 250, Fort Worth, TX 76177
S U Ft`I
(817) 562-3350
TX Reg. Surveying Firm LS-10074301
EX 5 Legal.docx
5410-22.408_EX5.dwg SDC
PAGE 1 OF 2
M
a
N
0
N
N
0
N
a
c�
"KIN
v
0 10 20 40
GRAPHIC SCALE IN FEET
LEGEND
— — — PROPERTY LINE
EASEMENT LINE
0 POINT FOR CORNER
(UNLESS OTHERWISE NOTED)
(C.M.) - CONTROLLING MONUMENT
LINE TABLE
L/NE
BEAR//VG
LENGTH
L7
N 89'59'19" W
15.00'
L2
N 00'00'41" E
15.00'
L3
S 89'59'19' E
15.00'
L4
S 00-00'41- W
j 15 00'
EXHIBIT
"A"
15' WATER & SANITARY
SEWER EASEMENT
1/2-INCH IRON ROD (DOC. NO. 2024-122153)
W/"PACHECO KOCH"
CAP FOUND
NORTHWEST VILLAGE
(FORT WORTH)
W PART OF
TRADITIONS INVESTORS, LLC.
OWNER, LLC.
(DOC. NO. 2023-1687)I
Lo
o N (DOC. N0. 2020-37553)
15' WATER & SANITARY
SEWER EASEMENT
z
EASEMENT
(DOC. NO. 2024-122153)
L3 ENCROACHMENT
AGREEMENT
AREA NO. 5
04
J 225 SF
(0.005 ACRES)
"POINT OF
P BEGINNING
I
S 89'58'10" E
239.95' 1/2-INCH IRON ROD
W/"PACHECO KOCH"
1/2-INCH IRON ROD z CAP FOUND (C.M.)
W/"PACHECO KOCH"
CAP FOUND (C.M.)
15' PERMANENT WATER FACILITY
PART OF EASEMENT TRADITION MUNICPAL
TRADITIONS INVESTORS, LLC. UTILITY DISTRICT
— — (DOC. NO. 2020-37553) (DOC. NO. 2019-131151)
NORTHWEST VILLAGE 3 — — — _ (DOC. NO. 2020-208858)
(FORT WORTH) to � POINT OF
OWNER, LLC. a,
(DOC. N0. 2023-1687)�z N COMMENCING
— z
1/2-INCH IRON ROD —
W/"PACHECO KOCH" N " W
CAP FOUND (C.M.) 82.90'
S TA TE H/GH WA Y 114 4-I DISC STAMPED
"TXDOT" FOUND (C.M.)
(A CONTROLLED ACCESS VARIABLE WID7H PUBLIC RIGHT—OF—WAY)
TX REG. ENGINEERING FIRM F-11756 NOTES:
TX REG. SURVEYING FIRM LS-10074301
The undersigned, Registered Professional Land 1. A metes and bounds description of even
Surveyor, hereby certifies that this plat of survey survey date herewith accompanies this plat of
accurately sets out the metes and bounds Of ��.OF,,TF survey.
the easement encroachment tract described. ��pQ�G�QT RF:�9�,
DUSTIN"C. �PUSTEJOVSKY
�2025-02-27 ; 9 �6690
Dustin C. Pustejovsky" Date
Registered Professional D S U FtN�
Land Surveyor No. 6690 Y
2. Bearing System for this survey is based on the
Texas Coordinate System of 1983 (2011
adjustment), North Central Zone 4202, based
on observations made on June 13, 2022 with a
combined scale factor of 1.000150630.
do 9800 HILLWOOD PARKWAY
SUITE 250
VVOW FORT WORTH, TX 76177
%IWO, 817.562.3350
DRAWN BY I CHECKED BY SCALE DATE ✓OB NUMBER
I AMB 1"=20' DEC. 2023 1 5410-22.408
EASEMENT ENCROACHMENT
AGREEMENT AREA ■5
PART OF
NORTHWEST VILLAGE (FORT WORTH) OWNER, LLC,
LOCATED IN THE CITY OF FORT WORTH
AND BEING OUT OF THE
GUADALUPE CARDINAS SURVEY, ABSTRACT NO. 214
DENTON COUNTY, TEXAS
PAGE 2 OF 2
EXHIBIT A
EASEMENT ENCROACHMENT AGREEMENT AREA NO.6
Part of Northwest Village (Fort Worth) Owner, LLC
Guadalupe Cardinas Survey, Abstract No. 214
City of Fort Worth, Denton County, Texas
DESCRIPTION, of a 225 square foot (0.005 acres) tract of land situated in the Guadalupe Cardinas Survey, Abstract No. 214,
City of Fort Worth, Denton County, Texas; said tract being part of that tract of land described in Special Warranty Deed with
Vendor's Lien to Northwest Village (Fort Worth) Owner LLC., recorded in Document Number 2023-1687 of the Official Public
Records of Denton County, Texas; said 225 square foot (0.005 acres) tract being more particularly described as follows
(Bearing System for this survey is based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone
4202, based on observations made on June 13, 2022 with a combined scale factor of 1.000150630);
COMMENCING, at a 4-inch Aluminum Disc Stamped "TXDOT" found for a PI in the north right-of-way line of State Highway
114 (a variable width right-of-way) and in the south line of that tract of land described in Special Warranty Deed to Traditions
Investors, LLC, recorded in Document number 2020-37553 of the Official Public Records of Denton County, Texas;
THENCE, North 86 degrees, 28 minutes, 28 seconds West, along said north line of State Highway 114 and said
south line of Traditions Investors, LLC tract, a distance of 82.90 feet, to a 1/2 inch iron rod with "PACHECO KOCH"
cap found for the southeast corner of said Northwest Village tract;
THENCE, North 00 degrees, 09 minutes, 50 seconds West, departing said north line of State Highway 114 and along
the east line of said Northwest Village tract, a distance of 276.74 feet to a 1/2 inch iron rod with "PACHECO KOCH"
cap found at an ell corner in the east line of said Northwest Village tract;
THENCE, South 89 degrees, 58 minutes, 10 seconds East, continuing along said east line of the Northwest Village
tract, a distance of 239.95 feet to a 1/2 inch iron rod with "PACHECO KOCH" cap found at an ell corner in said east
line of the Northwest Village tract;
THENCE, North 00 degrees, 00 minutes, 41 seconds East, continuing along said east line of the Northwest Village
tract, a distance of 348.35, to a 1/2 inch iron rod with "PACHECO KOCH" cap found at an ell corner in said east line
of the Northwest Village tract; said point being in the east line of an existing water & sanitary sewer easement
recorded in Document No. 2024-122153 of said Official Public Records;
THENCE, North 00 degrees, 00 minutes, 41 seconds East, along said east line of existing water & sanitary sewer
easement, a distance of 1.50 feet to the POINT OF BEGINNING
THENCE, North 00 degrees, 00 minutes, 41 seconds East, a distance of 15.00 feet to a point for corner in the north line of
said existing water & sanitary sewer easement;
THENCE, South 89 degrees, 59 minutes, 19 seconds East, along said north line of existing water & sanitary sewer easement,
a distance of 15.00 feet to a point for corner;
THENCE, South 00 degrees, 00 minutes, 41 seconds West, departing said north line of existing water & sanitary sewer
easement, a distance of 15.00 feet to a point for corner in the south line of said existing water & sanitary sewer easement;
THENCE, North 89 degrees, 59 minutes, 19 seconds West, along said south line of existing water & sanitary sewer easement,
a distance of 15.00 feet to the POINT OF BEGINNING;
CONTAINING: 225 square feet or 0.005 acres of land, more or less.
(A survey plat of even survey date herewith accompanies this description.)
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out
the metes and bounds of the easement encroachment tract described.
DF2025-02-27ST
Dustin C. Pustejovsky DateVRegistered
Professional Land Surveyor No. 6690
........Westwood
(6�6ip�i*��.*ii!STEJQVSKY
Professional Services, Inc.
...............
9800 Hillwood Parkway, Suite 250, Fort Worth, TX 76177
6690(817)
562-3350cESS►O:r,O
TX Reg. Surveying Firm LS-10074301
S U Rv
EX 6 Legal.docx
5410-22.408_EX6.dwg SDC
PAGE 1 OF 2
M
a
M
N
0
N
N
0
N
Lq
a
c�
EXHIBIT "A"
N
0 10 20 40
NORTHWEST VILLAGE
GRAPHIC SCALE IN FEET (FORT OW ER,OLLC.
LEGEND (DOC. NO. 2023-1687)
— — — PROPERTY LINE —
EASEMENT LINE POINT OF
0 POINT FOR CORNER
(UNLESS OTHERWISE NOTED)
(C.M.) - CONTROLLING MONUMENT BEG/NN/NG4, f
LIWE TABLE
LIME
BEAR//VG
LENGTH
L7
N 00'00'41" E
1.50'
L2
N 00'00'41" E
15.00'
L3
S 89'59'19" E
15.00'
L4
S 00'00'41" W
15.00'
L5
N 89-59'19"
EASEMENT
ENCROACHMENT _
AGREEMENT
AREA NO. 6
225 SF
(0.005 ACRES)
15' WATER & SANITARY
SEWER EASEMENT
(DOC. NO. 2024-122153)
---� L1 L5
W
1/2-INCH IRON ROD
M W/"PACHECO KOCH" PART OF
o m CAP FOUND
o M TRADITIONS INVESTORS, LLC.
z (DOC. NO. 2020-37553)
15' WATER & SANITARY
SEWER EASEMENT
(DOC. NO. 2024-122153)
W
89'58'10" E
239.95' 1/2-INCH IRON ROD
It W/"PACHECO KOCH"
1/2-INCH IRON ROD CAP FOUND (C.M.)
W/"PACHECO KOCH" I
CAP FOUND (C.M.)
15' PERMANENT WATER FACILITY
PART OF EASEMENT TRADITION MUNICPAL
TRADITIONS INVESTORS, LLC. UTILITY DISTRICT
— — — — (DOC. NO. 2020-37553) (DOC. NO. 2019-131151)
NORTHWEST VILLAGE 3 — — — — — (DOC. NO. 2020-208858)
(FORT WORTH) 10 � —
OWNER, LLC. 1° '6 POINT OF
(DOC. NO. 2023-1687) b N
_ _ ------COMMENCING
1/2-INCH 1/2-INCH IRON ROD —
W/"PACHECO KOCH" N "
CAP FOUND (C.M.) 82.90'
S TA TE H/GH WA Y 114 4-I DISC STAMPED
"TXDOT" FOUND (C.M.)
(A CONTROLLED ACCESS VARIABLE WIDTH PUBLIC RIGHT-OF-WAY)
(DOC.
ITX REG. ENGINEERING FIRM F-11756
TX REG. SURVEYING FIRM LS-10074301
The undersigned, Registered Professional Land 1. A metes and bounds description of even
Surveyor, hereby certifies that this plat of survey survey date herewith accompanies this plat of
accurately sets out the metes and bounds Of ��.OF,,TF survey.
the easement encroachment tract described. " G�gr RF..
DUSTIN"C. �PUSTEJOVSKY
25-02-276690
Dustin C. Pustejovsky 61 Date �,�; °FFg g 1O� i�
Registered Professional D .S U FtN�
Land Surveyor No. 6690 Y
2. Bearing System for this survey is based on the
Texas Coordinate System of 1983 (2011
adjustment), North Central Zone 4202, based
on observations made on June 13, 2022 with a
combined scale factor of 1.000150630.
do 9800 HILLWOOD PARKWAY
SUITE 250
VVOW FORT WORTH, TX 76177
%IWO, 817.562.3350
DRAWN BY I CHECKED BY SCALE DATE ✓OB NUMBER
IV AMB 1"=20' DEC. 2023 1 5410-22.408
EASEMENT ENCROACHMENT
AGREEMENT AREA ■6
PART OF
NORTHWEST VILLAGE (FORT WORTH) OWNER, LLC,
LOCATED IN THE CITY OF FORT WORTH
AND BEING OUT OF THE
GUADALUPE CARDINAS SURVEY, ABSTRACT NO. 214
DENTON COUNTY, TEXAS
PAGE 2 OF 2
EXHIBIT A
EASEMENT ENCROACHMENT AGREEMENT AREA NO.7
Part of Northwest Village (Fort Worth) Owner, LLC
Guadalupe Cardinas Survey, Abstract No. 214
City of Fort Worth, Denton County, Texas
DESCRIPTION, of a 488 square foot (0.011 acres) tract of land situated in the Guadalupe Cardinas Survey, Abstract No.
214, City of Fort Worth, Denton County, Texas; said tract being part of that tract of land described in Special Warranty Deed
with Vendor's Lien to Northwest Village (Fort Worth) Owner LLC., recorded in Instrument Number 2023-1687 of the Official
Public Records of Denton County, Texas; said 488 square foot (0.011 acres) tract being more particularly described as
follows (Bearing System for this survey is based on the Texas Coordinate System of 1983 (2011 adjustment), North Central
Zone 4202, based on observations made on June 13, 2022 with a combined scale factor of 1.000150630);
COMMENCING, at a 4-inch Aluminum Disc Stamped "TXDOT" found for a PI in the north right-of-way line of State Highway
114 (a variable width right-of-way) and in the south line of that tract of land described in Special Warranty Deed to Traditions
Investors, LLC, recorded in Document number 2020-37553 of the Official Public Records of Denton County, Texas;
THENCE, North 86 degrees, 28 minutes, 28 seconds West, along said north line of State Highway 114 and said
south line of Traditions Investors, LLC tract, a distance of 82.90 feet to a 1/2 inch iron rod with "PACHECO KOCH"
cap found for the southeast corner of said Northwest Village tract;
THENCE, North 00 degrees, 09 minutes, 50 seconds West, departing said north line of State Highway 114 and
along the east line of said Northwest Village tract, a distance of 276.74 feet to a 1/2 inch iron rod with "PACHECO
KOCH" cap found at an ell corner in the east line of said Northwest Village tract;
THENCE, South 89 degrees, 58 minutes, 10 seconds East, continuing along said east line of the Northwest Village
tract, a distance of 239.95 feet to a 1/2 inch iron rod with "PACHECO KOCH" cap found at an ell corner in said
east line of the Northwest Village tract;
THENCE, North 00 degrees, 00 minutes, 41 seconds East, continuing along said east line of the Northwest Village
tract, a distance of 348.35 feet, to a 1/2 inch iron rod with "PACHECO KOCH" cap found at an ell corner in said
east line of the Northwest Village tract;
THENCE, South 89 degrees, 59 minutes, 19 seconds East, continuing along said east line of the Northwest Village
tract, a distance of 208.85 feet to the POINT OF BEGINNING;
THENCE, North 00 degrees, 11 minutes, 38 seconds West, departing said east line of the Northwest Village tract, a
distance of 32.50 feet to a point for corner in the north line of an existing water & sanitary sewer easement recorded in
Document No. 2024-122153 of said Official Public Records;
THENCE, South 89 degrees, 59 minutes, 19 seconds East, along said north line of existing water & sanitary sewer
easement, a distance of 15.00 feet to a point for corner in said east line of the Northwest Village tract;
THENCE, South 00 degrees, 11 minutes, 38 seconds East, along said east line of the Northwest Village tract, a distance of
32.50 feet to a 1/2 inch iron rod with "PACHECO KOCH" cap found at an ell corner in said east line of the Northwest Village
tract;
THENCE, North 89 degrees, 59 minutes, 19 seconds West, along said east line of the Northwest Village tract, a distance of
15.00 feet to the POINT OF BEGINNING;
CONTAINING: 488 square feet or 0.011 acres of land, more or less.
(A survey plat of even survey date herewith accompanies this description.)
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out
the metes and bounds of the easement encroachment tract described.
S TF
.2095-09-97
� ?fit �o'•.�
Dustin C. Pustejovsky Date
Registered Professional Land Surveyor No. 6690 DUSTIN•C..PUSTEJOVSKY
Westwood Professional Services, Inc. ......••••.............
9800 Hillwood Parkway, Suite 250, Fort Worth, TX 76177 � 6690
(817) 562-3350 y�O pES S `Q:,0
TX Reg. Surveying Firm LS-10074301 S U R�
EX 7 Legal.docx ZP
5410-22.408_EX7.dwg SDC
PAGE 1 OF 2
M
a
M
N
N
0
N
0
N
EXHIBIT "A"
,
S 89.59'19" E
15.00'
NORTHWEST VILLAGE
EASEMENT
(FORT WORTH) 3
ENCROACHMENT
40'
WATER & SANITARY
OWNER, LLC.
W
AGREEMENT
SEWER EASEMENT
(DOC. N0. 2023-1687) 0D Lo
M
AREA N0. 7
(INST.
N0. 2024-122153)
N
o M
o M
488 SF
(0.011 ACRES)
POINT OF Z
cn
1/2-INCH IRON ROD
W/"PACHECO KOCH"
BEGINNING
CAP FOUND
1/2-INCH IRON ROD
_
W/"PACHECO KOCH"
w S 89.59'19" E
208.85'
N
89'S9'19 W
CAP FOUND
M
15.00'
oad
0 K)
Z
1/2-IRON ROD
W/"PACHECO KOCH"
CAP FOUND (C.M.)
1/2-INCH IRON ROD
1/2-INCHIRON
KOCH
S 89'58'10" E
`n
/
CAP FOUND (C.M.)
239.95'
PART OF
TRADITIONS INVESTORS, LLC.
(DOC. NO. 2020-37553)
I0 n
N
—
POINT OF
io
—
=
COMMENCING
N 8628'28" W — — -
1/2-INCH IRON ROD
8290'
W/"PACHECO KOCH"
15' PERMANENT WATER FACILITY
EASEMENT TRADITION MUNICPAL
UTILITY DISTRICT
DOC. NO. 2019-131151)
( OC. NO. 2020-208858) — -
CAP FOUND (C.M.) 4-INCH ALUMINUM
DISC STAMPED
"TXDOT" FOUND (C.M.)
S TA TE HIGH WA Y 114
(A CONTROLLED ACCESS VARIABLE WDTH PUBLIC RIGHT-OF-WAY)
ITX REG. ENGINEERING FIRM F-11756
NOTES:
N
0 10 20 40
GRAPHIC SCALE IN FEET
LEGEND
— — — PROPERTY LINE
EASEMENT LINE
O POINT FOR CORNER
(UNLESS OTHERWISE NOTED)
(C.M.) - CONTROLLING MONUMENT
TX REG. SURVEYING FIRM LS-10074301
The undersigned, Registered Professional Land 1. A metes and bounds description of even
Surveyor, hereby certifies that this plat of survey survey date herewith accompanies this plat of
accurately sets out the metes and bounds of OF survey.
the easement encroachment tract described. P ••• sTE''• a'
Co1'O�G RFo''�cn
DUSTIN• C. •PUSTEJOVSKY
2025-02-27 ....................: ..
Dustin C. Pustejovsky'�
Date 'Vie; Op
Registered Professional
•�S U RNA
Land Surveyor No. 6690
do
9800 HILLWOOD PARKWAY
SUITE 250
%VW
FORT WORTH, TX 76177
1vvmw
817.562.3350
DRAWN BY
CHECKED BY
SCALE
DATE
✓OB NUMBER
I
I AMB
1"=20'
DEC. 2023
1 5410-22.408
2. Bearing System for this survey is based on the
Texas Coordinate System of 1983 (2011
adjustment), North Central Zone 4202, based
on observations made on June 13, 2022 with a
combined scale factor of 1.000150630.
EASEMENT ENCROACHMENT
AGREEMENT AREA s7
PART OF
NORTHWEST VILLAGE (FORT WORTH) OWNER, LLC,
LOCATED IN THE CITY OF FORT WORTH
AND BEING OUT OF THE
GUADALUPE CARDINAS SURVEY, ABSTRACT NO. 214
DENTON COUNTY, TEXAS
PAGE 2 OF 2
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4 (693 SF)
40' PUBLIC WATER &
SANITARY SEWER
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\SS
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IPRC23-0061
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TX REG. ENGINEERING FIRM F-469
TX REG. SURVEYING FIRM LS-10008001
M
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3 (825 SF)
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IPRC23-0061
ss
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ja 55' PUBLIC WATER & SANITARY —
SEWER EASEMENT BY OTHERS
PROP. 20' PRIVATE
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[EHCROO LaOG11N IEHY 3-4 FUH WHM9
EXHIBIT "A"
Pacheco Koch 4060 BRYANT IRVIN ROAD
FORT WORTH, TX 76109
a Westwood company 1 817.412.7155
DRA WN BY CHECKED BY 7CALFDATE JOB NUMBER
SDC MFW40' 12/11 /2024 1 5410-22.408
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PROP. 20' PRIVATE
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u � �—' III
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BY OTHERS
IPRC23-0061
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IPRC23-0061 —
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SEWER EASEMENT BY OTHERS
PROP. 20' PRIVATE
STORM DRAIN EASEMENT }
i i I
EXHIBIT "A"
Pacheco Koch FOR WORTH IRVIN ROAD
FORT WORTH, TX 76109
a Westwood company 1 817.412.7155
TX REG. ENGINEERING FIRM F-469 DRAWN BY I CHECKED BY I SCALE DATE JOB NUMBER
TX REG. SURVEYING FIRM LS-10008001 SDC MFW 1 "=40' 12/11 /2024 5410-22.408
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DRAIN EASEMENT
111 I PROP. PRIVATE
PROP. PRIVATE 7 30j— R, DRAIN
18 STORM DRAIN .
PRIVATE STORM DRAIN
ENCROACHMENT 7
f(225
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NCROACHMENT 6 SF)
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IPRC23-0061
PUBLIC 12" SEWER
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ENCROACHMENT 5 IPRC23-0061
—(225 SF) 55' PUBLIC WATER & SANITARY
PROP PRIVATE SEWER EASEMENT BY OTHERS
30" STORM DRAIN
ir, PUBLIC 12" WATER BY OTHERS
IPRC23-0061
15' PUBLIC WATER EASEMENT BY OTHERS
1EHCR0&CHH1EH'r 5-7 PLM WHEY
EXHIBIT "A"
Pacheco Koch FOR WORTH IRVIN ROAD
J4 FORT WORTH, TX 76109
a Westwood company 1 817.412.7155
TX REG. ENGINEERING FIRM F-469 DRAWN BY I CHECKED BY SCALE DATE JOB NUMBER
TX REG. SURVEYING FIRM LS-10008001 SDC MFW 1 "=40' 12/11 /2024 5410-22.408
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0 2.5 5 10
VERTICAL SCALE IN FEET
740 740
735
1
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735
ENCROACHMENT
3
4-�-
1
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730
730
lj—
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EXIST.
725
GROUND
725
720
PROP. PRIVATE
18" STORM DRAIN
720
Nil
7157T
PROP. PUBLIC 12"
WATERLINE BY OTHERS
IPRC23-0061
715
710
PROP. PUBLIC 12"
SEWER LINE BY OTHERS
IPRC23-0061
710
0+00 1 +00 2+00
[EHC COO &CHMEH7 3 PROO RLIE
EXHIBIT 'OA"
Pacheco Koch FOR WORTH IRVIN ROAD
FORT WORTH, TX 76109
a Westwood company 1 817.412.7155
TX REG. ENGINEERING FIRM F-469 DRAWN BY CHECKED BY SCALE DATE ✓OB NUMBER
TX REG. SURVEYING FIRM LS-10008001 SDC MFW 1 "=40' 12/11 /2024 5410-22.408
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740
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HORIZONTAL SCALE IN FEET
0 2.5 5 10
VERTICAL SCALE IN FEET
740
735
1
735
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730
GROUND
EXIST.
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720
2"
RS
PROP.
12"
PR
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715
715
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TX REG. ENGINEERING FIRM F-469
TX REG. SURVEYING FIRM LS-10008001
PROP. PUBLIC
WATERLINE BY
IPRC23-0061
VA TE
4 DRAIN
EXHIBIT "A"
12"
OTHERS
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0 2.5 5 10
VERTICAL SCALE IN FEET
740 740
735
a
ITS of
735
ENCROACHMENT
5
730
PROP.
GROUND
730
GROUND
725
725
720
PROP. PRIVATE
30" STORM
DRAIN
720
715
PROP. PUBLIC
12" WATERLINE
BY OTHERS
LPRC23-0061
715
710
710
0+00 1 +00 2+00
EXHIBIT "A"
4060 BRYANT IRVIN ROAD
Pacheco Kochl FORT WORTH, TX 76109
a Westwood company 1 817.412.7155
TX REG. ENGINEERING FIRM F-469 DRAWN BY CHECKED BY SCALE DATE ✓OB NUMBER
TX REG. SURVEYING FIRM LS-10008001 SDC MFW 1 "=40' 12/11 /2024 5410-22.408
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0 2.5 5 10
VERTICAL SCALE IN FEET
740 740
735
I
LIMITS of
735
ENCROACHMENT
6
P
OP. GROUND
730
730
XIST-
GROUND
725,1
725
O
720
N
PRIVATE 12"
STORM DRAIN
720
PRIVATE 18"
STORM DRAIN
715
PROP. PUBLIC
12" WATERLINE
BY OTHERS
IPRC23-0061
715
710
710
0+00 1 +00 2+00
EXHIBIT "A"
Pacheco Koch FOR WORTH IRVIN ROAD
FORT WORTH, TX 76109
a Westwood company 1 817.412.7155
TX REG. ENGINEERING FIRM F-469 DRAWN BY CHECKED BY SCALE DATE ✓9B NUMBER
TX REG. SURVEYING FIRM LS-10008001 SDC MFW 1 "=40' 12/11 /2024 5410-22.408
5 IT
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0 20 40 80
HORIZONTAL SCALE IN FEET
0 2.5 5 10
VERTICAL SCALE IN FEET
740 740
LIMITS OF
735
735
PROP.
GROUND
730
730
EX
I S T.
GROUND
- -
725
725
O
720
PRIVATE 30"
STORM DRAIN
720
00
715
PROP. PUBLIC
12" WATERLINE
BY OTHERS
IPRC23-0061
715
710
PROP. PUBLIC
12" SEWER LINE
BY OTHERS
IPRC23-0061
710
8+00 9+00 10+00
MCHO&CCHREHU 7 PROO RL IE WHEWO
EXHIBIT "A"
4060 BRYANT IRVIN ROAD
Pacheco Kochl FORT WORTH, TX 76109
a Westwood company 1 817.412.7155
TX REG. ENGINEERING FIRM F-469 DRAWN BY CHECKED BY SCALE DATE ✓OB NUMBER
TX REG. SURVEYING FIRM LS-10008001 SDC MFW 1 "=40' 12/11 /2024 5410-22.408
EXHIBIT B
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 11 of 11
Revised 12/2022
� " CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DDYYY)
/Y4/2/2025
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Southeastern Insurance Solutions
177 Meeting Street, Ste 300(A/C.
Charleston SC 29401
CONTACT
NAME:
PHONE FAX
A/c No Ext : 843-829-7100 A/c, No): 843-867-3973
E-MAIL dan@sis-agency.com
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A: Mt Hawley Insurance Company
37974
INSURED NORTVIL-01
Northwest Village (Fort Worth) Owner, LLC
8045 Arco Corporate Drive-, Ste 108
INSURER B :
INSURER C
Raleigh NC 27617
INSURER D :
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER:218811723 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD
POLICYNUMBER
POLICY EFF
MM/DD
POLICY EXP
MM/DD
LIMITS
A
COMMERCIAL GENERAL LIABILITY
Y
Y
MGLO199092
4/30/2024
4/30/2026
EACH OCCURRENCE
$ 1,000,000
CLAIMS -MADE � OCCUR
DAMAGE TO RENTED
PREMISES Ea occurrence
$ 50,000
X
MED EXP (Any one person)
$ 0
Owners Interest
PERSONAL & ADV INJURY
$ 1,000,000
GEN'L
AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
$ 2,000,000
POLICY � PECOT- LOC
PRODUCTS - COMP/OP AGG
$ 2,000,000
Deductible
$ 2,500
OTHER:
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
Ea accident
$
BODILY INJURY (Per person)
$
ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
Per accident
$
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
A
X
UMBRELLA LIAB
X
OCCUR
Y
Y
MXL0440814
4/30/2024
4/30/2026
EACH OCCURRENCE
$ 10,000,000
AGGREGATE
$ 10,000,000
EXCESS LIAB
CLAIMS -MADE
DED X RETENTION $ n
Prod/ Comp Ops
$ 10,000,000
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
PER OTH-
STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTIVE
E.L. EACH ACCIDENT
$
OFFICER/MEMBEREXCLUDED? ❑
N/A
E.L. DISEASE - EA EMPLOYEE
$
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT
$
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
RE: NWQ of Hwy 114 & Roaring River Road, Justin, TX 76247
**Certificate Holder is included as Additional Insured as respects General & Auto Liability as required by written contract.
The General Liability policy contains a special provision with Primary & Non -Contributory wording as required by written contract.
Waiver of Subrogation applies as respects General & Auto Liability as required by written contract.
**The following are Additional Named Insured:
Northwest Village AOIP-Woodfield Mezz Borrower, LLC
Northwest Village AOIP-Woodfield Jr Mezz Borrower, LLC
NW Village JR Mezz, LLC
See Attached...
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Fort Worth
ACCORDANCE WITH THE POLICY PROVISIONS.
100 Fort Worth Trail
AUTHORIZED REPRESENTATIVE
PN23-00182
Fort Worth TX 76102
/
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
FORT WORTH.
i
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: Northwest Village (Fort Worth) Owner, LLC
Subject of the Agreement: Encroachment Agreement for City owned water and sanitary sewer easements
M&C Approved by the Council? * Yes ❑ No M
If so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes ❑ No 0
If so, provide the original contract number and the amendment number.
Is the Contract "Permanent"? *Yes ❑ No 0
If unsure, see backpage for permanent contract listing.
Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is
Confidential, please list what information is Confidential and the page it is located.
Effective Date: Date of Director's Signature
If different from the approval date.
Expiration Date: 30 Years fr date of Director' Signature
If applicable.
Is a 1295 Form required? * Yes ❑ No 21
*If so, please ensure it is attached to the approving M&C or attached to the contract.
Project Number: If applicable. PN23-00182
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes 0 No ❑
Contracts need to be routed for CSO processing in the followingorder:
rder:
1. Katherine Cenicola (Approver)
2. Jannette S. Goodall (Signer)
3. Allison Tidwell (Form Filler)
*Indicates the information is required and if the information is not provided, the contract will be
returned to the department.