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HomeMy WebLinkAbout061781-CA1 - General - Contract - McKelvey-Cole VP, LP, and Luvan TranDate Received: 07/06/2026 Record Number: PN26-00025 10:31 a.m. �'0I-CA1 Time Received: City Secretary Number: � FIRST ASSIGNMENT AND CONSENT OF ENCROACHMENT AGREEMENT City Secretary Contract No. 61781 THIS ASSIGNMENT OF ENCROACHMENT AGREEMENT ("Assignment") is made and entered into as of this 29th day of ,June , 2026, by and between the CITY OF FORT WORTH, a Texas home -rule municipal corporation ("City"), McKelvey -Cole VP, LP, a Texas limited partnership ("Assignor"), and Luvan Tran, a private citizen, ("Assignee"). Sometimes herein City, Assignor, or Assignee may also be referred to individually as a "Parry" or collectively as the "Parties." WITNESSETH: WHEREAS, the City entered into an Encroachment Agreement, City Secretary Contract No. 61781 (the "Encroachment Agreement"), on the 1st day of August, 2024, with Assignor, the owner of certain real property more particularly described in the attached Legal Description (the "Property") located adjacent to or near the City's easements on which the encroachments are located. The encroachments are more particularly described in the Encroachment Agreement, attached hereto as "Exhibit A" and incorporated herein by reference for all purposes, and are referenced therein and herein as the "Improvements"; WHEREAS, the Encroachment Agreement was recorded the 7th day of August, 2024, as Instrument No.2024-84423 in the Real Property Records of Tarrant County, Texas; WHEREAS, Assignor desires to assign the Encroachment Agreement to Assignee. AGREEMENT: NOW, THEREFORE, for and in consideration of the above and foregoing premises and the mutual covenants, terms, and conditions herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1. Assignor hereby assigns, transfers, and conveys all rights and interests and delegates it duties and obligations under the Encroachment Agreement to Assignee. 2. Assignee hereby accepts the Assignment granted herein, and assumes all of Assignor's rights, duties, and obligations arising under the Encroachment Agreement. Encroachment Assignment Agreement OFFICIAL RECORD CITY SECRETARY page 1 of FT. WORTH, TX Rev 12/2022 3. Assignor has full right, power, and authority to enter into this Assignment, to make the representations set forth herein, and to carry out Assignor's obligations hereunder. Assignee has the full right, power, and authority to enter into this Assignment, to make the representations set forth herein, and to carry out Assignee's obligations hereunder. 4. The effective date of this Assignment shall be the date of its execution by the City (the "Effective Date"). All rights, duties, and obligations under the Encroachment Agreement arising, accruing, or relating to the period before the Effective Date are allocated to Assignor, and all rights, duties, and obligations arising, accruing, or relating to the period thereafter shall be allocated to Assignee. 5. Except as otherwise expressly set forth in this Assignment, Assignor will be discharged from any and all further obligations under the Encroachment Agreement as of the Effective Date. 6. Assignor represents, warrants, and covenants with City and Assignee that as of the Effective Date, Assignor is not in default of any of its obligations contained in the Encroachment Agreement. 7. City hereby consents to this Assignment upon the terms and conditions set forth herein. Unless and until City has executed this Assignment, it is of no effect. The consent granted herein should not be construed as consent to any further assignments. The failure or delay of City in seeking to enforce any provision of the Encroachment Agreement or this Assignment shall not be deemed a waiver of rights or remedies that City may have or a waiver of any subsequent breach of the terms and provisions therein or herein contained. 8. Any notice given by any Party to another Party must be in writing and shall be effective upon receipt when (i) sent by U.S. mail with proper postage, certified mail return receipt requested, or by a nationally recognized overnight delivery service, and (ii) addressed to the other Party at the address set out below or at such other address as the receiving Party designates by proper notice to the sending Party. CjjY Development Services Department 200 Texas Street Fort Worth TX 76102 Attention: Director Assignor McKelvey -Cole VP, LP 2808 Fairmount St., Ste 100 Dallas, TX 75201 Encroachment Assignment Agreement Assignee Luvan Tran 707 McAdoo Dr. Arlington, TX 76002 Page 2 of 9 Rev 12/2022 9. Except as herein otherwise provided, this Assignment will be binding upon and inure to the benefit of the Parties and their respective successors and assigns. 10. Assignee shall cause this Assignment to be filed of record at Assignee's expense in the Real Property Records for Tarrant County, Texas. 11. The Certificate of Insurance for the Assignor attached as Exhibit `B" to the Encroachment Agreement is hereby deleted and replaced with the attached Certificate of Insurance from the Assignee as "Exhibit B, Revised." 12. All terms and conditions of the Encroachment Agreement not amended herein remain unaffected and in full force and effect, are binding on the Parties, and are hereby ratified by the Parties. Capitalized terms not defined herein shall have meanings assigned to them in the Encroachment Agreement. 13. This Assignment may be executed in multiple counterparts, each of which shall be deemed an original, and all of which, when taken together, shall constitute one and the same document which may be evidenced by one counterpart. [SIGNATURES APPEAR ON FOLLOWING PAGES] Encroachment Assignment Agreement Page 3 of 9 Rev 12/2022 ASSIGNOR: McKelvey -Cole VP LP a Texas limited partnership By: Greenway-McKelvey GP, LLC a Texas limited liability company its general p rt r By Name. odd Petty Title: Vice President Date: kh�' 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_ JtA� Q "-I , Vic,,_ 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 ofJAte kge \ eL► CAS ,_ LL l' , and in the capacity therein stated. GIVEN UNDER MY NAND AND SEAL OF OFFICE this `�)' A day of 2026. Notary Public in and for the State ol'Texas Encroachment Assignment Agreement ,,pY PUBv LORI ANN MORROW 2oc NOTARY PUBLIC • STATE OF TEXAS 9�oF �y MY COMM. EXR 06/20/29 NOTARY ID 5870970 Page 4 of 9 Rev 12/2022 ASSIGNEE: Luvan Tran a Private Citizen By: �•n- Name: Luvan Tran Date: �� /� -� o l 10 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 L1 TRX11 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 and in the capacity therein stated. b C, GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2026. Notary Public in and for the State of Texas Encroachment Assignment Agreement OSCAR CASTRUITA « NOTARY PUBLIC • STATE OF TEXAS ID # 135018987 COMM. EXP, M30-2028 Page 5 of 9 Rev 12/2022 EXECUTED to be effective on the date signed by the City's Director of Development Services Department APPROVED AS TO FORM AND LEGALITY: City Attorney's Office Date: 06/29/2026 ATTEST: Jannette Goodall City Secretary (M&C not Required) Date: 07/02/2026 4,p044�R� �a apF FORT a 0—o 9�d Pvoo oo °=d o 0000 CITY OF FORT WORTH , Dalt�on Harrel (JUn 29.� 2026 1602:36 CDT) D.J. Harrell, Director of the Development Services Department Date: 06/29/2026 Contract Compliance Specialist: 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. Kandice Merrick Development Services Manager Date: 06/29/2026 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Encroachment Assignment Agreement Page 6 of 9 Rev 12/2022 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 29th day of June .2026. '-"7"" Notary Public in and for the State of Texas Audrey Lee Wa11a14 �"My commdsslon Expires ;• 911=028 IVatary 6D1360B2586 Encroachment Assignment Agreement Page 7 of 9 Rev 12/2022 EXHIBIT A ORIGINAL AGREEMENT WITH ATTACHED EXHIBITS Encroachment Assignment Agreement Page 8 of 9 Rev 12/2022 Date Received: August 6, 2024 Time Received: 2:30 p.m. Record Number: PN24-00070 City Secretary No.: 61781 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 McKelvey -Cole VP, LP, a Texas limited partnership ("Licensee"), acting by and through its duly authorized Vice President. RECITALS WHEREAS, Licensee is the owner of the real property located at 1248 Highway 114 Road, Fort Worth, Texas 76247 ("Property"), being more particularly described as, being a 7.1130 acre tract of land situated in the Charles Tydings Survey, Abstract Number 1276, City of Fort Worth, Denton County, Texas, as recorded in Deed Records, by Instrument Number 144209, in Denton County, Texas, and; WHEREAS, the City owns sanitary sewer easements (the "Public Property") adjacent to the Property, recorded in the plat records of Tarrant County as plat number FS-24-008; and WHEREAS, Licensee desires to construct, place, and maintain certain improvements which will encroach in, on, above, or below the Public Property; and WHEREAS, to accommodate the needs of the Licensee, the City will allow the encroachment under the terms and conditions as set forth in this Agreement. NOW, THEREFORE, the City and Licensee agree as follows: AGREEMENT 1. The City, in consideration of the payment by Licensee of the fee set out below and covenants and agreements hereinafter contained to be kept and performed by Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and occupy a portion of the City's Public Property as described in and at the location shown on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing, installing, and maintaining a gas, electric, and storm line (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Tier II Easement Encroachment Agreement Page I of 11 Revised 12/2022 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. hi order to defray all costs of inspection and supervision which the City has incurred or will incur as a result of the construction, maintenance, inspection or management of the Encroachment and use of Public Property as provided for by this Agreement, Licensee agrees to pay to City at the time this Agreement is requested an application fee in the sum of Nine Hundred Dollars ($900.00). 7. The term of this Agreement shall be for thirty, (30) years, commencing on the date this Agreement is executed by City. However, the City may terminate this Agreement upon Licensee's noncompliance with any of the terns 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 tern 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 Tier II Easement Encroachment Agreement Page 3 of 1 I Revised 12/2022 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 na►ning 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. 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. Tier 11 Easement Encroachment Agreement Page 4 of l l Revised 12/2022 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. 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 Tier ]I Easement Encroachment Agreement Page 5 of 1 I Revised 12/2022 any attempted assignment without such written approval shall be void. In the event Licensee conveys the Property, Licensee may assign all of its rights and obligations under this Agreement to the new owner of the Property, and Licensee shall be deemed released from its duties and obligations hereunder upon City's approval in writing of such assignment, which approval shall not be unreasonably conditioned or withheld. Foreclosure by a secured lender of Licensee or assignment to a secured lender by Licensee in the event of default or otherwise shall not require City approval provided that said lender notifies City in writing within sixty (60) days of such foreclosure or assignment and assumes all of Licensee's rights and obligations hereunder. However, no change of ownership due to foreclosure or assignment to any secured lender of Licensee shall be effective as to City unless and until written notice of such foreclosure or assignment is provided to City. 19. Any cause of action for breach of this Agreement shall be brought in Tarrant County, Texas. This Agreement shall be governed by the laws of the State of Texas. 20. This Agreement shall be binding upon the parties hereto and their successors and assigns. 21. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument [SIGNATURES APPEAR ON FOLLOWING PAGE] Tier 1I Easement Encroachment Agreement Page 6 of 11 Revised 12/2022 City: CITY OF FORT WORTH By:DanonHarrell!0uQ 1- 2024 12:12CDTI D.J. Harrell, Director of the Development Services Department Date: Aug 1, 2024 ATTEST: Licensee: McKelvey -Cole VP, LP a Texas limited partnership By: Greenway-McKelvey GP, LLC a Texas limited liability Company Its general partner By: Nam . Todd Petty Title: Vice President Date: %/o?If 'i/a Approved As To Forni and Legality Jannette Goodall, Jeremy Anato Mensah City Secretary Assistant City Attorney Date: Aug 1, 2024 Date: J u 131, 2024 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. Owayw, lfolldrs for Dv,avne Ho ar, fw: We 1. 2024 M05 CDT) Rebecca Owen Development Services Manager Date: Aug 1, 2024 Tier 11 Easement Encroachment Agreement Page 7 of I I Revised 12/2022 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 Ist day of August , 2024. t�pY �m� KATHLEEN BRADFORD Notary Public Xalea- �+ STATE OF TEXAS �}T Notary I.D. 12197197 Kathleen Bradford )Aug 1, 201 139 CDT) '�OF�" My Comm. Exp. Apr. 12, 2027 Notary Public in and for the State of Texas After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 Tier II Easement Encroachment Agreement Page 8 of]] Revised 12/2022 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of TQXOL,`7 , on this day personally appeared Todd Petty, Vice President, 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 Greenway-McKelvey GP, LLC, a Texas limited liability company, General Partner of McKelvey -Cole VP, LP, a Texas limited partnership, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this a4_1"day of I f' 2024. Notary Public in and for the State of LORI MORROW NOTARY PUBLIC STATE OF TEXAS OF��y MY COMM. EXP. 06/20/25 NOTARY ID 587097-0 Tier 11 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 l I Revised 12/2022 REZ33 VICNITY MAP -------------------- ------------------ ------------ LOT 3. E V(PW (RED AID CD L �77 4 mmm = Mz— .U. T _ \ \ 7: ! f. STOP) :1 ---------- CALL BEFORE Y( ------ DU DIG ao W. to 14MOO-TE62 �o SITE PLM SP-1 v I MCDONAL ( 1 19' t76 0 45-87 ® i S BLDG. = 4,07 1 � 54 PARKS (3 A) I 0 co O f r — — oow \ ENCROACHMENT AREA 1 \ L°• PRIVATE STORM CROSSING \ PUBLIC SEWER LINE/EASEMENT \ 21 LF \ ENCROACHMENT AREA 2 PRIVATE GAS CROSSING \ PUBLIC SEWER LINE/EASEMENT iO 15 LF ENCROACHMENT AREA 3 PRIVATE ELECTRIC CROSSING PROPOSED PUBLIC SEWER LINE/EASEMENT I J 15 LF 8" SANITARY SEWER I IPRC 24-0048 e2+95 — — — 2+00 I — — 1+00 \ I 7-7---7 Z. T '7 - _ A. -\ ENCROACHMENT AREA 4 I E PRIVATE STORM CROSSING PUBLIC SEWER LINE/EASEMENT 15 LF I _` — — — — — — nee --nos w 714 ` - z S89°49'01"M95.14'- 713 712 711 71 ` r � 712 TEXAS REGISTRATION 914199 ENGINEERING 1903 CENTRAL DRIVE. SUITE #400 BEDFORD, TX 76021 PHONE. 817.281.0572 W W W.CLAYMOOREENG.COM GRAPHIC SCALE 30 0 16 30 60 1 Yuh = 30 0. ENCROACHMENT EXHIBIT B - SHEET I OF 2 ENCROACHMENT McDONALDS GREENWAY AGREEMENT I FORT WORTH, TX m 5/9/24 SS LINE A 725 720 715 705 0 w w a = 700 a cn 695 ENGINEERING 1903 CENTRAL DRIVE, SUITE #400 BEDFORD, TX 76021 PHONE: 817.281.0572 NWWJ.0 LAY M OO R E E N G. C O M ENCROACHMENT EXISTING SURFACE PROPOSED SURFACE ENCROACHMENT2 ENCROACHMENT PRIVATE STORM ENCROACHMENT 4 PRIVATE X-ING STORM GAS X-ING ELECTRIC X-ING X-ING r` v o PROPOSED W SSW, R @ 0 50% r; 2+00 GRAPHIC SCALE 40 0 20 40 00 t Inch = 40 fl, ENCROACHMENT EXHIBIT B - SHEET 2 OF 2 ENCROACHMENT McDONALDS GREENWAY AGREEMENT FORT WORTH, TX 0 w w (n J O Z 'u.�.7i 725 720 715 710 705 700 695 OF Tf DREW DONOSKY 5/9/24 METES AND BOUNDS DESCRIPTION ENCROACHMENT #1 121 SQUARE FEET PRIVATE STORM CROSSING PUBLIC SEWER LINE EASEMENT LOT 2, BLOCK 1 VERDAD GREENWAY ADDITION MCKELVEY-COLE, VP L.P. PROPERTY CHARLES TYDINGS SURVEY, ABSTRACT NO. 1276, CITY OF FORT WORTH, DENTON COUNTY, TEXAS BEING ALL THE CERTAIN LOT, TRACT, OR PARCEL OF LAND SITUATED IN THE CHARLES TYDINGS SURVEY, ABSTRACT NO. 1276, IN THE CITY OF FORT WORTH, DENTON COUNTY, TEXAS AND BEING PART OF THAT TRACT OF LAND DESCRIBED IN DEED TO MCKELVEY-COLE, VP L.P., AS RECORDED UNDER COUNTY CLERKS FILE NO. 2019-144209 OF THE OFFICIAL PUBLIC RECORDS OF DENTON COUNTY, TEXAS, AND BEING PART OF LOT 2, BLOCK 1 OF VERDAD GREENWAY ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN DOCUMENT NO. 2020-87 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; COMMENCING AT A 1/2" IRON ROD WITH YELLOW CAP STAMPED "HALFF" FOUND FOR CORNER IN THE NORTHEAST RIGHT-OF-WAY LINE OF WOLFE CROSSING (60' RIGHT-OF-WAY), SAID POINT BEING THE SOUTHEAST CORNER OF SAID LOT 2 AND BEING THE SOUTHWEST CORNER OF LOT 3, BLOCK 1 OF SAID VERDAD GREENWAY ADDITION, AND ALSO BEING THE SOUTHWEST CORNER OF THAT CERTAIN 1.7137 ACRE TRACT OF LAND DESCRIBED IN DEED TO VRE ROARING RIVER ROAD, LLC AND RECORDED IN DOCUMENT NO. 2020-8678 OF THE OFFICIAL PUBLIC RECORDS OF DENTON COUNTY, TEXAS, AND BEING THE NORTHEAST CORNER OF A 172.91 ACRE TRACT OF LAND DESCRIBED IN DEED TO EXEL, INC. AS RECORDED UNDER DOCUMENT NUMBER 2018-33800 OF THE OFFICIAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; THENCE SOUTH 89' 49' 01" WEST ALONG THE SOUTH LINE OF AFORESAID LOT 2 AND THE NORTH LINE OF SAID EXEL, INC. - 172.91 ACRE TRACT, FOR A DISTANCE OF 100.41 FEET TO A POINT FOR CORNER IN THE SOUTHWEST RIGHT-OF-WAY LINE OF SAID WOLFS CROSSING; THENCE NORTH 70' 20' 22" WEST LEAVING THE SOUTHWEST RIGHT-OF-WAY LINE OF SAID WOLFE CROSSING AND THE SOUTH LINE OF AFORESAID LOT 2 AND THE NORTH LINE OF SAID EXEL, INC. - 172.91 ACRE TRACT, FOR A DISTANCE OF 106.33 FEET TO THE POINT OF BEGINNING OF THE TRACT DESCRIBED HEREIN, SAID POINT BEING IN THE SOUTH LINE OF A SEWER EASEMENT; THENCE NORTH 89' 43' 06" WEST ALONG THE SOUTH LINE OF SAID SEWER EASEMENT FOR A DISTANCE OF 8.49 FEET TO A POINT FOR CORNER; THENCE NORTH 45' 16' 54" EAST ACROSS SAID SEWER EASEMENT FOR A DISTANCE OF 21.21 FEET TO A POINT FOR CORNER; THENCE SOUTH 89' 43' 06" EAST ALONG THE NORTH LINE OF SAID SEWER EASEMENT FOR A DISTANCE OF 7.46 FEET TO A POINT FOR CORNER; THENCE SOUTH 45' 16' 54" WEST ACROSS SAID SEWER EASEMENT FOR A DISTANCE OF 20.74 FEET TO THE POINT OF BEGINNING AND CONTAINING 127 SQUARE FEET OF LAND, MORE OR LESS. BLUE SKY SURVEYING & MAPPING, CORPORATION 11015 MIDWAY ROAD DALLAS, TEXAS 75229 PHONE: (214) 358.4500 FAX: (214) 358-4600 DRPETREE@BLUESKYSURVEYING.COM TBPLS REGISTRATION No. 10105700 ENCROACHMENT EXHIBIT #1 LOT 2B, BLOCK 1 VERDAD GREENWAY ADDITION CITY OF FORT WORTH, DENTON COUNTY, TE DATE: MARCH 03, 2024 SCALE: 1 °=60' \SH114-16ac-Alliance2018\EncroachmentExhibhs 2D' WIDE QUICKSILVER RESOURCES, INC. STATE HIGHWAY NO. 114 PIPELINE EASEMENT WITH 65' TEMPORARY WORKSPACE DOC#2010-94349 (VARIABLE WIDTH RIGHT-OF-WAY) DOC#2010-94350 O'X10' P.O.S.E. S 89'43'07" E - 490.11' /11,DOC#2020-87 161.39' 1 1 — i L--`fl �25' WATER EASEMENT INST 2018-9513 J 30TEMPORARY CONSTRUCTION EASEMENT INST#2018-27202 J UBLIC ACCESS EASEMENT ---- INST#---_— CHARLES TYDINGS SURVEY ccl ABSTRACT NO. 1276 o MCKELVEY-COLE, VP L.P. I -� PORTION OF A CALLED 7.1130 AC. y DOC#2019-144209 O.P.R.D.C.T. N �O PROPOSED LOT 2B a BLOCK 1 p o VERDAD GREENWAY ADDITION N, Np TT I INST-------- o G cp qo a P.R.T.C.T. LOT 2 - BLOCK 1 a '� h VERDAD GREENWAY ADDITION N N Tejo o DOC#2020-87 C� o O.P.R.D.C.T. Z z 127 SQ. FT. —. ENCROACHMENT AREA #1 PRIVATE STORM CROSSING PUBLIC SEWER LINE EASEMENT UBLIC ACCESS EASEMENT- — — ' ~� SEWER EASEMENT-- _ —(BY THIS PLAT) — — — ----- — POB 98. 16' 1 S 89'49'01 " W - 627.76' 10' PRIVATE DPINAGE EASEMENT INST (78.76 AC.) EXEL, INC. LOT 1 - BLOCK 1 DOC#2021-160275 DAVE ADDITION D.R.D.C.T. DOC#2018-152 P.R.D.C.T, 0 30' 60' 120' GRAPHIC SCALE:1 m=60' MAP TO ACCOMPANY METES AND BOUNDS DESCRIPTION BLUE SKY SURVEYING & MAPPING, CORPORATION 11015 MIDWAY ROAD DALLAS, TEXAS 75229 PHONE: (214) 358-4500 FAX: (214) 358-4600 DRPETAEE@BLUESKYSURVEYING.COM TBPLS REGISTRATION No. 10105700 5/8-IRS S 89'43'07" E - 237.34' L7 — -I "X" SET 15' COSERV GAS EASEMEN — — ._0202D U - 220 rL I— — "X" SET 25' WATER EASEMENT DOC#2020-87 65' WIDE TEMPORARY WORKSPACE ESMJ. 0' COSERV GAS EASEMENT DOC#2010-94350 DOC#2018-86172 DOC#2010-94349 O.P.R.D.C.T. 10' DENTON COUNTY ELECTRIC COOPERATIVE EASEMENT DOC#2018-86182 10' UTILITY EASEMENT(,.7137 ACRES) DOC#2020-87 LOT 3 - BLOCK 1 \\ VERDAD GREENWAY ADDITION \ DOC#2020-87 O.P.R.D.C.T. 15' UTILITY EASEMENT VRE ROARING RIVER ROAD, LLC DOC#2020-8678 O.P.R.D.C.T. �15' DENTON COUNTY ELECTRIC COOPERATIVE EASEMENT \ DOC#2020-199675 \\ 15' SANITARY SEWER ESMT. \ \ DOC#2020-87 POC 1 /2''1RE �� W/,YCAP &&- "HALF \ -PREPARED MAP DATE: MARCH 03, 2024 FROM SURVEYS. BY: _ . . / DAVID PETREE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 1890 ENCROACHMENT EXHIBIT #1 LOT 28, BLOCK 1 VERDAD GREENWAY ADDITION CITY OF FORT WORTH, DENTON COUNTY, T DATE: MARCH 03, 2024 SCALE: 1 °=60' 1SH114-16ac-Alliance2018\EncroachmentExhibRs - LINE TABLE -- NO. BEARING DISTANCE L1 S 89'49'01 " W 100.41' L2 N 70'20'22" W 106.33' L3 N 89'43'6" W 8.49' L4 N 45' 16'54" E 21.21' L5 S 89'43'6" E 7.46' L6 S 45' 16'54" W 20.74' L7 S 45' 14' 13" W 26.93' L8 S 00' 14' 13" W 54.44' L9 S 44'4547" E 27.04' L10 S 00' 14' 13" W 54.44' LEGEND POC - POINT OF COMMENCING POB - POINT OF BEGINNING s BLUE SKY SURVEYING ENCROACHMENT EXHIBIT #1 & MAPPING, CORPORATION 11015 MIDWAY ROAD LOT 2B, BLOCK 1 * * DALLAS,214)35 5229 -450 VERDAD GREENWAY ADDITION G � PHONE�(214)358.4500 9G QQ� FAX: (214) 358-4600 CITY OF FORT WORTH, DENTON COUNTY, TEXAS FYiN $ M� DRPETREE@BLUESKYSURVEYING.COM TBPLS REGISTRATION No. 10105700 DATE: MARCH 03, 2024 SCALE: 1'= 60' 1SH114-16ac-Alliance20181EncroachmentExhibRs METES AND BOUNDS DESCRIPTION ENCROACHMENT #2 90 SQUARE FEET PRIVATE GAS CROSSING PUBLIC SEWER LINE EASEMENT LOT 2, BLOCK 1 VERDAD GREENWAY ADDITION MCKELVEY-COLE, VP L.P. PROPERTY CHARLES TYDINGS SURVEY, ABSTRACT NO. 1276, CITY OF FORT WORTH, DENTON COUNTY, TEXAS BEING ALL THE CERTAIN LOT, TRACT, OR PARCEL OF LAND SITUATED IN THE CHARLES TYDINGS SURVEY, ABSTRACT NO. 1276, IN THE CITY OF FORT WORTH, DENTON COUNTY, TEXAS AND BEING PART OF THAT TRACT OF LAND DESCRIBED IN DEED TO MCKELVEY-COLE, VP L.P., AS RECORDED UNDER COUNTY CLERKS FILE NO. 2019-144209 OF THE OFFICIAL PUBLIC RECORDS OF DENTON COUNTY, TEXAS, AND BEING PART OF LOT 2, BLOCK 1 OF VERDAD GREENWAY ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN DOCUMENT NO. 2020-87 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; COMMENCING AT A 1/2" IRON ROD WITH YELLOW CAP STAMPED "HALFF" FOUND FOR CORNER IN THE NORTHEAST RIGHT-OF-WAY LINE OF WOLFE CROSSING (60' RIGHT-OF-WAY), SAID POINT BEING THE SOUTHEAST CORNER OF SAID LOT 2 AND BEING THE SOUTHWEST CORNER OF LOT 3, BLOCK 1 OF SAID VERDAD GREENWAY ADDITION, AND ALSO BEING THE SOUTHWEST CORNER OF THAT CERTAIN 1.7137 ACRE TRACT OF LAND DESCRIBED IN DEED TO VRE ROARING RIVER ROAD, LLC AND RECORDED IN DOCUMENT NO. 2020-8678 OF THE OFFICIAL PUBLIC RECORDS OF DENTON COUNTY, TEXAS, AND BEING THE NORTHEAST CORNER OF A 172.91 ACRE TRACT OF LAND DESCRIBED IN DEED TO EXEL, INC. AS RECORDED UNDER DOCUMENT NUMBER 2018-33800 OF THE OFFICIAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; THENCE SOUTH 89' 49' 01" WEST ALONG THE SOUTH LINE OF AFORESAID LOT 2 AND THE NORTH LINE OF SAID EXEL, INC. - 172.91 ACRE TRACT, FOR A DISTANCE OF 100.41 FEET TO A POINT FOR CORNER IN THE SOUTHWEST RIGHT-OF-WAY LINE OF SAID WOLFE CROSSING; THENCE NORTH 76' 30' 33" WEST LEAVING THE SOUTHWEST RIGHT-OF-WAY LINE OF SAID WOLFE CROSSING AND THE SOUTH LINE OF AFORESAID LOT 2 AND THE NORTH LINE OF SAID EXEL, INC. - 172.91 ACRE TRACT, FOR A DISTANCE OF 154.50 FEET TO THE POINT OF BEGINNING OF THE TRACT DESCRIBED HEREIN, SAID POINT BEING IN THE SOUTH LINE OF A SEWER EASEMENT; THENCE NORTH 89' 43' 06" WEST ALONG THE SOUTH LINE OF SAID SEWER EASEMENT FOR A DISTANCE OF 6.00 FEET TO A POINT FOR CORNER; THENCE NORTH 00' 10' 59" WEST ACROSS SAID SEWER EASEMENT FOR A DISTANCE OF 15.00 FEET TO A POINT FOR CORNER; THENCE SOUTH 89' 43' 06" EAST ALONG THE NORTH LINE OF SAID SEWER EASEMENT FOR A DISTANCE OF 6.00 FEET TO A POINT FOR CORNER; THENCE SOUTH 00' 10' 59" EAST ACROSS SAID SEWER EASEMENT FOR A DISTANCE OF 20.74 FEET TO THE POINT OF BEGINNING AND CONTAINING 90 SQUARE FEET OF LAND, MORE OR LESS. BLUE SKY SURVEYING & MAPPING, CORPORATION 11015 MIDWAY ROAD DALLAS.TD(AS 75229 PHONE: (214)358.4500 FAX: (214) 358-4600 DRPETREE@BLUESKYSURVEYING.COM TBPLS REGISTRATION No. 10105700 ENCROACHMENT EXHIBIT #2 LOT 2B, BLOCK 1 VERDAD GREENWAY ADDITION CITY OF FORT WORTH, DENTON COUNTY, DATE: MARCH 03, 2024 SCALE: 1'= 60' \SH 114- l bac-Alliance2018\EncroachmelllExhibils O J 0 w h 0 O �1 20' WIDE QUICKSILVER RESOURCES, INC. PIPELINE EASEMENT STATE HIGHWAY NO, 114 WITH 65' TEMPORARY WORKSPACE STATE (VARIABLE WIDTH RIGHT-OF-WAY) DOC 2010-94350 O'X10' P.O.S.E. S 89'43'07" E — 490. 11 ' �DOC#2020-87 161.39' 1 1 — J L--� �25' WATER EASEMENT INST 2018-9513 — — J �CO 0' TEMPORARY NSTRUCTION EASEMENT —- --INST---2 202 — — — — — ,r _J —UBLIC ACCESS EASEMENT INST#_______ CHARLES TYDINGS SURVEY ABSTRACT NO. 1276 MCKELVEY-COLE, VP L.P. PORTION OF A CALLED 7.1130 AC. v DOC#2019-144209 caw O.P.R.D.C.T. N PROPOSED LOT 2B $ ik BLOCK 1 VERDAD GREENWAY ADDITION N- o To INST-------- o c- �� o P.R.T.C.T, o L,,�°,, LOT 2 - BLOCK 1 N VERDAD GREENWAY ADDITION DOC#2020-87 O.P.R.D.C.T. 90 SQ. FT. ENCROACHMENT AREA #2 PRIVATE GAS CROSSING PUBLIC SEWER UNE EASEME UBLIC ACCESS EASEMEN J►�ST� — SEWER EASEMENT — (BY THIS PLAT) 98-16'1 4"X" 5/8"IRS S 89'43'07" E - 237.341 L7—_SET 15' COSERV GAS EASE EN ——0�1{1.201$-12ZUQ— "X" SET 25' WATER EASEMENT 1 — DOC#2020-87 65' WIDE I TEMPORARY WORKSPACE ESMJ. I 0' COSERV GAS EASEMENT DOC#2010-94350 DOC#2018-86172 DOC#2010-94349 I O.P.R.D.C.T. 1 10' DENTON COUNTY ELECTRIC COOPERATIVE EASEMENT DOC#2018-86182 \� O \� 10' UTILITY EASEMENT(,.7137 ACRES) DOC#2020-87 LOT 3 - BLOCK1 \\ VERDAD GREENWAY ADDITION DOC#2020-87 \ O.P.R.D.C.T. \ VRE ROARING RIVER ROAD, LLC DOC#2020-8678 \ W\ 15' \ O.P.R.D.C.T. DENTON COUNTY ELECTRIC COOPERATIVE EASEMENT DOC#2020-199675 POB S 89'49'01 " W — 627.76' 10' PRIVATE D,{RAINAGE EASEMENT INST# (78.76 AC.) EXEL, INC. LOT 1 - BLOCK 1 DOC#2021-160275 DAVE ADDITION D.R.D.C.T. DOC#2018-152 P.R.D.C.T, 0 30' 60' 120' GRAPHIC SCALE: f "= 60' MAP TO ACCOMPANY METES AND BOUNDS DESCRIPTION BLUE SKY SURVEYING & MAPPING; CORPORATION 11015 MIDWAY ROAD DALLAS, TEXAS 75229 PHONE (214) 358-4500 FAX: (214) 358-4600 ORPETREE@BLUESKYSURVEYING.COM TBPLS REGISTRATION No. 10105700 15' UTILITY EASEME DOC#2020-87 \\ 15' SANITARY SEWER ESMT. \ \ DOC#2020-87 — POC W/,CAP `gB8• "HALFK, \ -PREPARED MAP DATE: MARCH 03, 2024 FROM SURVEYS. BY: DAVID PETREE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 1890 ENCROACHMENT EXHIBIT #2 LOT 213, BLOCK 3 vr—mulAu umr_ 1V�/VHY ADDITION CITY OF FORT WORTH; DENTON COUNTY, DATE: MARCH 03, 2024 SCALE: 1 °=60' 1SH114-16ac-Alliance2018\EncroachmentExhIlIils - LINE TABLE - NO. BEARING DISTANCE L1 S 89'49'01 " W 100.41' L2 N 76'30'33" W 154.40' L3 N 89'43'6" W 6.00' L4 N 0' 10'59" W 15.00' L5 S 89'43'6" E 6.00' L6 S 0' 10'59" E 15.00' L7 S 45' 14' 13" W 26.93' L8 S 00' 14' 13" W 54.44' L9 S 44'45'47" E 27.04' L10 S 00' 14' 13" W 54.44' LEGEND POC - POINT OF COMMENCING POB - POINT OF BEGINNING BLUE SKY SURVEYING ENCROACHMENT EXHIBIT #2 �{•/ L �* �' & MAPPING, CDRPORATION 11015 MIDWAY ROAD LOT 26, BLOCK 1 DALLAS* * 75229 PHONE' (214AS 8-450 VERDAD GREENWAY ADDITION * c� PHONE: (214) 358-4500 FAX: (214) 358-4600 CITY OF FORT WORTH, DENTON COUNTY, TEXAS Fyip 6 M* DRPETREE@BLUESKYSURVEYING.COM TBPLS REGISTRATION ND.10105700 DATE: MARCH 03, 2024 SCALE: 1 '=60'\SH114-16ac-Alliance2018\EncroachmenlExhlbhs METES AND BOUNDS DESCRIPTION ENCROACHMENT #3 90 SQUARE FEET PRIVATE ELECTRIC CROSSING PUBLIC SEWER LINE EASEMENT LOT 2, BLOCK 1 VERDAD GREENWAY ADDITION MCKELVEY-COLS, VP L.P. PROPERTY CHARLES TYDINGS SURVEY, ABSTRACT NO. 1276, CITY OF FORT WORTH, DENTON COUNTY, TEXAS BEING ALL THE CERTAIN LOT, TRACT, OR PARCEL OF LAND SITUATED IN THE CHARLES TYDINGS SURVEY, ABSTRACT NO. 1276, IN THE CITY OF FORT WORTH, DENTON COUNTY, TEXAS AND BEING PART OF THAT TRACT OF LAND DESCRIBED IN DEED TO MCKELVEY-COLE, VP L.P., AS RECORDED UNDER COUNTY CLERKS FILE NO. 2019-144209 OF THE OFFICIAL PUBLIC RECORDS OF DENTON COUNTY, TEXAS, AND BEING PART OF LOT 2, BLOCK 1 OF VERDAD GREENWAY ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN DOCUMENT NO. 2020-87 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; COMMENCING AT A 1/2" IRON ROD WITH YELLOW CAP STAMPED "HALFF" FOUND FOR CORNER IN THE NORTHEAST RIGHT-OF-WAY LINE OF WOLFE CROSSING (60' RIGHT-OF-WAY), SAID POINT BEING THE SOUTHEAST CORNER OF SAID LOT 2 AND BEING THE SOUTHWEST CORNER OF LOT 3, BLOCK 1 OF SAID VERDAD GREENWAY ADDITION, AND ALSO BEING THE SOUTHWEST CORNER OF THAT CERTAIN 1.7137 ACRE TRACT OF LAND DESCRIBED IN DEED TO VRE ROARING RIVER ROAD, LLC AND RECORDED IN DOCUMENT NO. 2020-8678 OF THE OFFICIAL PUBLIC RECORDS OF DENTON COUNTY, TEXAS, AND BEING THE NORTHEAST CORNER OF A 172.91 ACRE TRACT OF LAND DESCRIBED IN DEED TO EXEL, INC. AS RECORDED UNDER DOCUMENT NUMBER 2018-33800 OF THE OFFICIAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; THENCE SOUTH 89' 49' 01" WEST ALONG THE SOUTH LINE OF AFORESAID LOT 2 AND THE NORTH LINE OF SAID EXEL, INC. - 172.91 ACRE TRACT, FOR A DISTANCE OF 100.41 FEET TO A POINT FOR CORNER IN THE SOUTHWEST RIGHT-OF-WAY LINE OF SAID WOLFE CROSSING; THENCE NORTH 77' 13' 53" WEST LEAVING THE SOUTHWEST RIGHT-OF-WAY LINE OF SAID WOLFE CROSSING AND THE SOUTH LINE OF AFORESAID LOT 2 AND THE NORTH LINE OF SAID EXEL, INC. - 172.91 ACRE TRACT, FOR A DISTANCE OF 163.18 FEET TO THE POINT OF BEGINNING OF THE TRACT DESCRIBED HEREIN, SAID POINT BEING IN THE SOUTH LINE OF A SEWER EASEMENT; THENCE NORTH 89' 43' 06" WEST ALONG THE SOUTH LINE OF SAID SEWER EASEMENT FOR A DISTANCE OF 6.00 FEET TO A POINT FOR CORNER; THENCE NORTH 00' 10' 59" WEST ACROSS SAID SEWER EASEMENT FOR A DISTANCE OF 15.00 FEET TO A POINT FOR CORNER; THENCE SOUTH 89' 43' 06" EAST ALONG THE NORTH LINE OF SAID SEWER EASEMENT FOR A DISTANCE OF 6.00 FEET TO A POINT FOR CORNER; THENCE SOUTH 00' 10' 59" EAST ACROSS SAID SEWER EASEMENT FOR A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 90 SQUARE FEET OF LAND, MORE OR LESS. BLUE SKY SURVEYING & MAPPING, CORPORATION 11015 MIDWAY ROAD DALLAS, TEXAS 75229 PHONE' (214) 358.4500 FAX: (214) 358-4600 DRPETREE@BLUESKYSURVEYING.COM TBPLS REGISTRATION No. 10105700 ENCROACHMENT EXHIBIT #3 LOT 2B, BLOCK 1 VERDAD GREENWAY ADDITION CITY OF FORT WORTH, DENTON COUNTY, DATE: MARCH 03, 2024 SCALE: 1 °=60' 1SH114-16ac-Alliance20181EncroachmelltExhlbits 0 J I .f4 20' WIDE QUICKSILVER RESOURCES, INC. WITH 65 IPTEMPOREASEMENT ARY WORKSPACE STATE HIGHWAY NO, 114 DOC 2010-94349 (VARIABLE WIDTH RIGHT-OF-WAY) DOC 2010-94350 O'X10' P,O.S.E. S 89'43'07" E - 490.11 ' �DOC#2020-87 161.39' I I < \' tWATER EASEMENT INST#2018-9513 — — `30' TEMPORARY CONSTRUCTION EASEMENT INST#2018-27202 ,r _J — — —__ UBLIC ACCESS EASEMENT INST#_____ CHARLES TYDINGS SURVEY ABSTRACT NO. 1276 MCKELVEY-COLE, VP L.P. PORTION OF A CALLED 96. 16'1400-"X" 5/8"IRS S 89'43'07" E - 237.34' 1 O SET 15' COSERV GAS EASEMEN "X" SET 25' WATER OC#20 OSEMENT 87 65' WIDE TEMPORARY WORKSPACE ESMI�, 0' COSERV GAS EASEMENT DOC#2010-94350 DOC#2018-86172 DOC#2010-94349 I 1 O.P.R.D.C.T. s 7.1130 AC. Irr 91 DOC#2019-144209 O.P.R.D.C.T. N PROPOSED LOT 2B $ -$-- BLOCK 1 o \ VERDAD GREENWAY ADDITION N. o •,�` INST------ P.R.T.C.T. o LOT 2 - BLOCK 1 VERDAD GREENWAY ADDITION DOC#2020-87 Cn� m- O.P.R,D.C.T. 1a 90 SQ. FT. ENCROACHMENT AREA #3 PRIVATE ELECTRIC CROSSING PUBLIC SEWER LINE EASEMENT UBLIC ACCESS EASEMENT- — JN�T#� J � SEWER EASEMENT-- —(BY THIS PLAT) — — — — — — 10' DENTON COUNTY ELECTRIC COOPERATIVE EASEMENT DOC#2018-86182 10' UTILITY EASEMENT(, .7137 ACRES) DOC#2020-87 LOT 3 - BLOCK 1 \\ VERDAD GREENWAY ADDITION \ DOC#2020-87 O.P.R.D.C.T. �0 POB S 89'49'01 " W - 627.76' 10' PRIVATE D,F2AINAGE EASEMENT INST#�___ (78.76 AC.) EXEL, INC. LOT 1 - BLOCK 1 DOC#2021-160275 DAVE ADDITION el D.R.D.C.T. DOC#2018-152 P.R.D.C.T. 0 30' 60' 120' GRAPHIC SCALE.1 '7=60' MAP TO ACCOMPANY METES AND BOUNDS DESCRIPTION BLUE SKY SURVEYING & MAPPING, CORPORATION 11015 MIDWAY ROAD DALLAS,TEXAS 75229 PHONE: (214) 358-4500 FAX: (214) 358-4600 DRPETREE@BLUESKYSURVEYING.COM TBPLS REGISTRATION No. 10105700 15' UTILITY DOC#20 VRE ROARING RIVER ROAD, LLC DOC#2020-8678 O.P.R.D.C.T. /15' DENTON COUNTY ELECTRIC f COOPERATIVE EASEMENT \ DOC#2020-199675 \\ 15' SANITARY SEWER ESMT. \ \ DOC#2020-87 — POC 1 /2"1RE \ \ "HALF ,,\ MAP -PREPARED DATE: MARCH 03, 2024 FROM SURVEYS. BY: DAVID PETREE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 1890 ENCROACHMENT EXHIBIT #3 LOT 2B, BLOCK 1 VERDAD GREENWAY ADDITION CITY OF FORT WORTH, DENTON COUNTY, DATE: MARCH 03, 2024 SCALE: 1 °=60'1SH114-16ac-Alliance20181EncroachmelltExhibils - LINE TABLE - NO. BEARING DISTANCE L1 S 89'49'01 " W 100.41' L2 N 77' 13'53" W 163.18' L3 N 89'43'6" W 6.00' L4 N 0' 1059" W 15,00' L5 S 89'43'6" E 6.00' L6 S 0' 1059" E 15.00' L7 S 45' 14' 13" W 26.93' L8 S 00' 14' 13" W 54.44' L9 S 44045'47" E 27.04' L10 S 00' 14' 13" W 54.44' LEGEND POC — POINT OF COMMENCING POB — POINT OF BEGINNING BLUE SKY SURVEYING & MAPPING, CORPORATION 11015 MIDWAY ROAD DALLAS, TEXAS 75229 PHONE: (214) 358-4500 FAX: (214) 358-4600 DRPETREE@BLUESKYSURVEYING.COM TBPLS REGISTRATION ND.10105700 ENCROACHMENT EXHIBIT #3 LOT 2B, BLOCK 1 VERDAD GREENWAY ADDITION CITY OF FORT WORTH, DENTON COUNTY, TEXAS DATE: MARCH 03, 2024 SCALE: 1 °=60' 1SH114-16ac-Alliance20181EncroachmelltExhlbits METES AND BOUNDS DESCRIPTION ENCROACHMENT #4 90 SQUARE FEET PRIVATE ELECTRIC CROSSING PUBLIC SEWER LINE EASEMENT LOT 2, BLOCK 1 VERDAD GREENWAY ADDITION MCKELVEY-COLE, VP L.P. PROPERTY CHARLES TYDINGS SURVEY, ABSTRACT NO. 1276, CITY OF FORT WORTH, DENTON COUNTY, TEXAS BEING ALL THE CERTAIN LOT, TRACT, OR PARCEL OF LAND SITUATED IN THE CHARLES TYDINGS SURVEY, ABSTRACT NO. 1276, IN THE CITY OF FORT WORTH, DENTON COUNTY, TEXAS AND BEING PART OF THAT TRACT OF LAND DESCRIBED IN DEED TO MCKELVEY-COLE, VP L,P., AS RECORDED UNDER COUNTY CLERKS FILE NO. 2019-144209 OF THE OFFICIAL PUBLIC RECORDS OF DENTON COUNTY, TEXAS, AND BEING PART OF LOT 2, BLOCK 1 OF VERDAD GREENWAY ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN DOCUMENT NO. 2020-87 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; COMMENCING AT A 1/2" IRON ROD WITH YELLOW CAP STAMPED "HALFF" FOUND FOR CORNER IN THE NORTHEAST RIGHT-OF-WAY LINE OF WOLFE CROSSING (60' RIGHT-OF-WAY), SAID POINT BEING THE SOUTHEAST CORNER OF SAID LOT 2 AND BEING THE SOUTHWEST CORNER OF LOT 3, BLOCK 1 OF SAID VERDAD GREENWAY ADDITION, AND ALSO BEING THE SOUTHWEST CORNER OF THAT CERTAIN 1.7137 ACRE TRACT OF LAND DESCRIBED IN DEED TO VRE ROARING RIVER ROAD, LLC AND RECORDED IN DOCUMENT NO. 2020-8678 OF THE OFFICIAL PUBLIC RECORDS OF DENTON COUNTY, TEXAS, AND BEING THE NORTHEAST CORNER OF A 172.91 ACRE TRACT OF LAND DESCRIBED IN DEED TO EXEL, INC. AS RECORDED UNDER DOCUMENT NUMBER 2018-33800 OF THE OFFICIAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; THENCE SOUTH 89' 49' 01 " WEST ALONG THE SOUTH LINE OF AFORESAID LOT 2 AND THE NORTH LINE OF SAID EXEL, INC. - 172.91 ACRE TRACT, FOR A DISTANCE OF 100.41 FEET TO A POINT FOR CORNER IN THE SOUTHWEST RIGHT-OF-WAY LINE OF SAID WOLFE CROSSING; THENCE NORTH 81' 34' 13" WEST LEAVING THE SOUTHWEST RIGHT-OF-WAY LINE OF SAID WOLFE CROSSING AND THE SOUTH LINE OF AFORESAID LOT 2 AND THE NORTH LINE OF SAID EXEL, INC. - 172.91 ACRE TRACT, FOR A DISTANCE OF 248.93 FEET TO THE POINT OF BEGINNING OF THE TRACT DESCRIBED HEREIN, SAID POINT BEING IN THE SOUTH LINE OF A SEWER EASEMENT; THENCE NORTH 89' 43' 06" WEST ALONG THE SOUTH LINE OF SAID SEWER EASEMENT FOR A DISTANCE OF 6.00 FEET TO A POINT FOR CORNER; THENCE NORTH 00' 16' 54" EAST ACROSS SAID SEWER EASEMENT FOR A DISTANCE OF 15.00 FEET TO A POINT FOR CORNER; THENCE SOUTH 89' 43' 06" EAST ALONG THE NORTH LINE OF SAID SEWER EASEMENT FOR A DISTANCE OF 6.00 FEET TO A POINT FOR CORNER; THENCE SOUTH 00' 16' 54" WEST ACROSS SAID SEWER EASEMENT FOR A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 90 SQUARE FEET OF LAND, MORE OR LESS. BLUE SKY SURVEYING & MAPPING, CORPORATION 11015 MIDWAY ROAD DALLAS, TEXAS 75229 PHONE: (214) 358-4500 FAX: (214)358-4G00 DRPETREE@BLUESKYSURVEYING.COM TBPLS REGISTRATION No. 10105700 ENCROACHMENT EXHIBIT #4 LOT 28, BLOCK 1 VERDAD GREENWAY ADDITION CITY OF FORT WORTH, DENTON COUNTY, DATE: MARCH 03, 2024 SCALE: 1 °=60' 1SH114-16ac-Alliance20181EncroachmenlExhlbRs 0 0 �: 2D' WIDE QUICKSILVER RESOURCES, INC. WITH 65 IPTEMPOREASEMENT ARY WORKSPACE S T A T E HIGHWAY NO, 114 DOC12010-94349 (VARIABLE WIDTH RIGHT-OF-WAY) DOC2010-94350 O'X10' P.O.S.E. S 89'43'07" E - 490.11 �DOC#2020-87 161.39' I I " —i L--p �25' WATER EASEMENT INSTjj2018-9513 J TEMPORARY CONSTRUCTION EASEMENT — — — —INST#2018-27202— _J - - - -UBLIC ACCESS EASEMENT INST#-------- CHARLES TYDINGS SURVEY ABSTRACT NO, 1276 MCKELVEY-COLE, VP L.P. I PORTION OF A CALLED 7.1130 AC. r t DOC#2019-144209 O.P.R.D.C.T. N o PROPOSED LOT 2B $� 1 BLOCK 1 A ° VERDAD GREENWAY ADDITION No r1T INST------- P.R.T.C.T. o LOT 2 - BLOCK 1 ark N g VERDAD GREENWAY ADDITION N N q 0 DOC#2020-87 O.P.R.D.C.T. V1\ w\ 90 SO. FT. \ ENCROACHMENT AREA #4 2\"� PRIVATE STORM CROSSING \ �. PUBLIC SEWER LINE EASEMENT XPUBLIC ACCESS ESMT 98.161 16'I •' 5/8"IRS S 89'43'07" E - 237.34' L7 "X" SET 15' COSERV GAS EASEMENT —,)" co � "X" SET 25' WATER EASEMENT — DOC#2020-87 65' WIDE I TEMPORARY WORKSPACE ESM1]. j 0' COSERV GAS EASEMENT DOC#2010-94350 4 DOC#2018-86172 DOC#2010-94349 O.P.R.D.C.T. 60, 10' DENTON COUNTY ELECTRIC COOPERATIVE EASEMENT DOC#2018-86182 10' UTILITY EASEMENT(1.7137 ACRES) Doc#2D2o-s7 LOT 3 - BLOCK1 VERDAD GREENWAY ADDITION DOC#2020-87 O.P.R.D.C.T. -n °° vn \ o, 0, A � - - - - - - - - - -- INST#------ —�` p9B�0�\C tp SEWER EASEMENT pp�G'A'f ---`� ----- -(BY THISPLA�� �� 0pFF?% - - - - - - - - - - - - - - - - - - - - S 89'49'01 " W - 627.76' 10' PRIVATE DRAINAGE EASEMENT INST#---- (78.76 AC.) EXEL, INC. LOT 1 - BLOCK 1 DOC#2021-160275 DAVE ADDITION D.R.D.C.T. DOC#2018-152 P.R.D.C.T. 0 30, 60' 120' GRAPHIC SCALE: 1 "=60' MAP TO ACCOMPANY METES AND BOUNDS DESCRIPTION BLUE SKY SURVEYING & MAPPING, CORPORATION 11015 MIDWAY ROAD DALLAS, TEXAS 75229 PHONE: (214) 358-4500 FAX: (214) 358-4600 DRPETREE@BLUESKYSURVEYING.COM TBPLS REGISTRATION No. 10105700 15' UTILITY EASEM DOC#2020-87 VRE ROARING RIVER ROAD, LLC DOC#2020-8678 O.P.R.D.C.T. /15' DENTON COUNTY ELECTRIC / COOPERATIVE EASEMENT \ DOC#2020-199675 \\ 15' SANITARY SEWER ESMT.\ \ \ DOC#2020-87 _ POC W/YCAP 86' "HALF \ MAP -PREPARED DATE: MARCH 03, 2024 FROM SURVEYS. BY: . I I / DAVID PETREE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 1890 ENCROACHMENT EXHIBIT #4 LOT 2B, BLOCK 1 VERDAD GREENWAY ADDITION CITY OF FORT WORTH, DENTON COUNTY, DATE: MARCH 03, 2024 SCALE: 1 "= 60' 1S H 114-16ac-Alliance20181Encroac hmelltExhibRs - LINE TABLE - NO. BEARING DISTANCE L1 S 89'49'01 " W 100.41' L2 N 8 V34' 13" W 248.93' L3 N 89'436" W 6.00' L4 N 0' 16'54" E 15.00' L5 S 89'43'6" E 6.00' L6 S 0' 16'54" W 15.00' L7 S 45' 14' 13" W 26.93' L8 S 00' 14' 13" W 54.44' L9 S 44'45'47" E 27.04' L10 S 00' 14' 13" W 54.44' LEGEND POC - POINT OF COMMENCING POB - POINT OF BEGINNING S BLUE SKY SURVEYING ENCROACHMENT EXHIBIT #4 & MAPPING, CORPORATION 11015 MIDWAY ROAD LOT 2B, BLOCK 1 DALLAS* * 75229 PHONE:,214)3 ID(AS 8-450 VERDAD GREENWAY ADDITION NG � PHONES (214) 358-4500 PG QQ� FAX: (214) 358-4600 CITY OF FORT WORTH, DENTON COUNTY, TEXAS FyIN 6lt� DRPETREE@BLUESKYSURVEYING.COM TBPLS REGISTRATION No. 10105700 DATE: MARCH 03, 2024 SCALE: 1 °=60'1SH114-16ac-Alliance2018�EncroachmentExhibhs EXHIBIT B, REVISED CERTIFICATE OF INSURANCE Encroachment Assignment Agreement Page 9 of 9 Rev 12/2022 FORT WORTH.) City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Luvan Tran Subject of the Agreement: First Assignment and Consent (Tier II Easement Encroachment) M&C Approved by the Council? * Yes ❑ No 8 If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 8 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No 8 If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 8 If only specific information is Confidential, please list what information is Confidential and the page it is located. Certificate of Insurance Effective Date: Date Director signs If different from the approval date. Expiration Date: 30 years from execution If applicable. Is a 1295 Form required? * Yes ❑ No 8 *Ifso, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 No ❑ Contracts need to be routed for CSO processing in the following order: 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.