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HomeMy WebLinkAbout065640 - General - Contract - GPFT HF Alliance 2026, LPDate Received: 8/10/2026 Time Received: 4 : 29 p.m. Record Number: PN26-00057 City Secretary No.: 65640 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER It 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 GPFT HF Alliance 2026, LP, a(n) Delaware limited partnership ("Licensee"), acting by and through its duly authorized representative. RECITALS WHEREAS, Licensee is the owner of the real property located at 14301 North Freeway, Fort Worth, Texas 76177 ("Property"), being more particularly described as being a 16.1328 acre (702,746 square foot) tract of land situated in the Rufus King Survey, Abstract Number 396, and the Jonathan Evans Survey, Abstract Number 470, the Rufus King Survey, Abstract No. 723, and the Rufus King Survey, Abstract No. 905, Denton County, Texas, and Tarrant County, Texas, and as recorded in Real Property Records, Denton County, Texas, by Instrument Number 2026-43608; and Tarrant County, Texas ,Official Public Records by Instrument Number D226072052 and WHEREAS, the City owns a water easement (the "Public Property") within the Property, dedicated to the City in an easement filed in Denton County, Texas Property Records as Instrument Number 2026-32247 and the Tarrant County Official Public Records as Instrument Number D226052871, and depicted on the final plat of the property (FS25-263), filed in the Property Records of Denton County, Texas as Instrument No. 2026-182 and in the Official Public Records, Tarrant County, Texas as Instrument No. D226093886; 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: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II Easement Encroachment Agreement Page 1 of 12 Standard 2026 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 private storm lines, water lines, sewer lines and a retaining private wall (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within the Public Property. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on the Public Property beyond what is specifically described in Exhibit "A." 2. All construction, installation, maintenance, and operation of the Encroachment and the use or occupancy of the Public Property shall comply with and be performed in strict compliance with this Agreement and with the charter, ordinances, codes, and policies of the City. Prior to the construction or installation of the Encroachment, Licensee shall submit all plans and specifications to the Director of the Development Services Department or duly authorized representative. Licensee shall not commence construction or installation of the Encroachment nor make any use of the Public Property until after the execution of this Agreement. U 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 Tier II Easement Encroachment Agreement Page 2 of 12 Standard 2026 welfare of the public. The City shall have no responsibility or liability for any damages related to the Encroachment resulting from the City's use of the Public Property; however, the City shall make reasonable efforts to minimize such damage. 5. Upon termination of this Agreement, Licensee shall, at the option of and at no expense to the City, remove the Encroachment and restore the Public Property to a condition acceptable to the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department or their duly authorized representative. Any such removal of the Encroachment shall be in accordance with then -existing City regulations and policies. It is understood and agreed to by Licensee that if this Agreement terminates and Licensee fails to remove the Encroachment and restore the Public Property, Licensee hereby gives City permission to remove the Encroachment and any supporting structures from the Public Property, to restore the Public Property, and to assess a lien on the Property for the costs expended by the City in taking such actions. 6. In order to defray all costs of inspection and supervision which the City has incurred or will incur as a result of the construction, maintenance, inspection or management of the Encroachment and use of Public Property as provided for by this Agreement, Licensee agrees to pay to City at the time this Agreement is requested an application fee in the sum of One Thousand Twelve Dollars and Fifty Cents ($1012.50). 7. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by City. However, the City may terminate this Agreement upon Licensee's noncompliance with any of the terms of this Agreement. City shall notify Licensee in writing of any such noncompliance and if Licensee does not cure the noncompliance within thirty (30) days of notice from City, the City may terminate this Agreement. However, the City may, at its sole option, allow the Agreement to remain in effect so long as Licensee has taken reasonable measures to cure the noncompliance or is continuing to diligently attempt to remedy the noncompliance. 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 Tier II Easement Encroachment Agreement Page 3 of 12 Standard 2026 welfare of the public. The City shall have no responsibility or liability for any damages related to the Encroachment resulting from the City's use of the Public Property; however, the City shall make reasonable efforts to minimize such damage. 5. Upon termination of this Agreement, Licensee shall, at the option of and at no expense to the City, remove the Encroachment and restore the Public Property to a condition acceptable to the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department or their duly authorized representative. Any such removal of the Encroachment shall be in accordance with then -existing City regulations and policies. It is understood and agreed to by Licensee that if this Agreement terminates and Licensee fails to remove the Encroachment and restore the Public Property, Licensee hereby gives City permission to remove the Encroachment and any supporting structures from the Public Property, to restore the Public Property, and to assess a lien on the Property for the costs expended by the City in taking such actions. 6. In order to defray all costs of inspection and supervision which the City has incurred or will incur as a result of the construction, maintenance, inspection or management of the Encroachment and use of Public Property as provided for by this Agreement, Licensee agrees to pay to City at the time this Agreement is requested an application fee in the sum of One Thousand Twelve Dollars and Fifty Cents ($1012.50). 7. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by City. However, the City may terminate this Agreement upon Licensee's noncompliance with any of the terms of this Agreement. City shall notify Licensee in writing of any such noncompliance and if Licensee does not cure the noncompliance within thirty (30) days of notice from City, the City may terminate this Agreement. However, the City may, at its sole option, allow the Agreement to remain in effect so long as Licensee has taken reasonable measures to cure the noncompliance or is continuing to diligently attempt to remedy the noncompliance. 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 Tier II Easement Encroachment Agreement Page 3 of 12 Standard 2026 at any time during the term hereof determine in its sole discretion to use or cause or permit the Public Property to be used for any other public purpose, including but not being limited to underground, surface, or overhead communication, drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not, that the parties agree to negotiate in good faith in order to accommodate both the Encroachment and the public purpose. 9. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER 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 Tier II Easement Encroachment Agreement Page 4 of 12 Standard 2026 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. 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. Tier II Easement Encroachment Agreement Page 5 of 12 Standard 2026 In any action brought by the City for the enforcement of the obligations of the Licensee, City shall be entitled to recover interest and reasonable attorneys' fees. 17. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. 18. Licensee covenants and agrees that it will not assign all or any of its rights, privileges, or duties under this Agreement without the written approval of the City, and any attempted assignment without such written approval shall be void. In the event Licensee conveys the Property, Licensee may assign all of its rights and obligations under this Agreement to the new owner of the Property, and Licensee shall be deemed released from its duties and obligations hereunder upon City's approval in writing of such assignment, which approval shall not be unreasonably conditioned or withheld. Foreclosure by a secured lender of Licensee or assignment to a secured lender by Licensee in the event of default or otherwise shall not require City approval provided that said lender notifies City in writing within sixty (60) days of such foreclosure or assignment and assumes all of Licensee's rights and obligations hereunder. However, no change of ownership due to foreclosure or assignment to any secured lender of Licensee shall be effective as to City unless and until written notice of such foreclosure or assignment is provided to City. 19. Prior to the end of the term of this Agreement, Licensee may submit a new encroachment application to the City. The City will not unreasonably withhold or delay approval of such application provided that the Encroachment follows the then current City codes and compliance. 20. Any cause of action for breach of this Agreement shall be brought in Tarrant County, Texas. This Agreement shall be governed by the laws of the State of Texas. 21. This Agreement shall be binding upon the parties hereto and their successors and assigns. Tier II Easement Encroachment Agreement Page 6 of 12 Standard 2026 22. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. SIGNATURES APPEAR ON THE FOLLOWING PAGE Tier II Easement Encroachment Agreement Page 7 of 12 Standard 2026 EXECUTED to be effective on the date signed by the City's Director of Development Services Department City: CITY OF FORT WORTH V&Oii 1farrd i( By: Dalton Harrell (Aug 10, 2026 16:16:24 CDT) D. J. Harrell Director, Development Services Department Date: 08/10/2026 aa� ATTEST: �> f fop *%111� op-0 0 a*=d C\\ aaCynaEX454da Approved As To Form and Legality 7�� cagtz"Z, Jannette Goodall, Tayler Canton City Secretary Assistant City Attorney Contract Compliance Manager: By signing I acknowledge that 1 am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. jz� Kandice Merrick Contract Compliance Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 'Pier 11 Easemezrt Encroachiiient Agreement Page 7 of I I Revised I2/2022 Licensee: GPFT HF Alliance 2026, LP a Delaware limited partnership By: A35W Partners, LLC a Texas limited liability company its general partner By: Name: Micha o vers Title: Manager Date: y -Ze - Zo z 4- STATE OF - I -,LP xas COUNTY OF ( �A 5 § _ BEFORE ME, the undersigned authority, a Notary Public in and for the State of 1-�g on this day personally appeared J03(rha"p f wevS� (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 cotlsideration therein expressed, as the act and deed of i— f1 l 4 t9 l f aJ�stt� ��J-R�y entity type), and in the capacity therein stated. 144 GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2026. �I► 4up�,, SIEVE HAZEN ... �o: g,Notary Public, State of Texas Notary ublic in and for the __. - fires 09-19-2�027 :N.:+T Comm. Exp State of Notary ID 124688622 i,7j 114111 Tier II Easement Encroachment Agreement Page 8 of l 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 the 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 10th day of August 2026 Notary Public in and for the State of Texas Tier 11 Easement Dicroachment Agreement �R a Po KATKLEEN BRADFORD Notary Public * k STATE OF TEXAS vi bbb'"'YYYY Notary I.D. 72197197 aF M Comm.5 , Apr. 12, 2071 Page 9 of 11 Revised 12/2022 EXHIBIT A Depiction and description of the Encroachment Tier II Easement Encroachment Agreemectt Page !o of I I Revised I2/2022 &qp THE CITY OF FORT WORTH CFA VICINITY EXHIBIT PUBLIC IMPROVEMENTS TO SERVE INDCO 135 & EAGLE SITE LOCATION MAP NTS Kimley)))Horn MARCH 20, 2026 LEGAL DESCRIPTION ENCROACHMENT BEING a 0.0046 acre (200 square foot) tract of land (Tract 1), a 0.0048 acre (208 square foot) tract of land (Tract 2), a 0.0057 acre (249 square foot) tract of land (Tract 3), and a 0.0051 acre (223 square foot) tract of land (Tract 4) situated in the Rufus King Survey, Abstract No. 723, and the Jonathan Evans Survey, Abstract No. 396, City of Fort Worth, Tarrant and Denton County, Texas; said tracts being a portion of Lot 1, Block 1, 135 Eagle Industrial, an addition to the City of Fort Worth according to the plat recorded in Document Number 2026-182, Official Records, Denton County, Texas (O.R.D.C.T.) and Instrument Number D226093886, Official Public Records, Tarrant County, Texas (O.P.R.T.C.T.); said tract being more particularly described as follows: TRACT 1 BEGINNING at a point for corner on the northwest line of a 20' public water easement recorded in Instrument Number D226052871, O.P.R.T.C.T.; from which a concrete monument found in the southeast right-of-way line of 1-35W (a variable width right-of-way) and the northwest line of said Lot 1 bears North 13025'13" East, a distance of 95.57 feet; said concrete monument also being in the southeast line of a called 1.3936 acre tract of land described in Judgement of Court in Absence of Objection between the State of Texas versus Dr. C.B. Kendall, et ux, et al, recorded in Volume 2884, Page 696, Deed Records, Denton County, Texas (D.R.D.C.T.); THENCE South 60o32'02" East, departing said northwest line of the 20' public water easement, a distance of 20.00 feet to a point for corner in the southeast line of said 20' public water easement; from which an aluminum disk found stamped "TxDOT" in said southeast right-of-way line of I-35W, being the northwest corner of said Lot 1, and the northeast corner of said 1.3936 acre State of Texas tract, bears North 081826" East, a distance of 169.01 feet; THENCE South 29°27'58" West, along said southeast line of the 20' public water easement, a distance of 10.00 feet to a point for corner; THENCE North 60°32'02" West, departing said southeast line of the 20' public water easement, a distance of 20.00 feet to a point for corner in said northwest line of the 20' public water easement; THENCE North 29°27'58" East, along said northwest line of the 20' public water easement, a distance of 10.00 feet to the POINT OF BEGINNING and containing 200 square feet or 0.0046 acres of land, more or less. ENCROACHMENT LOT 1, BLOCK 1, 135 EAGLE INDUSTRIAL RUFUS KING SURVEY, ABSTRACT No. 723, JONATHAN EVANS SURVEY, ABSTRACT NO. 396 CITY OF FORT WORTH TARRANT AND DENTON COUNTY, TEXAS LEGAL DESCRIPTION ENCROACHMENT TRACT 2 BEGINNING at a point for corner in said northwest line of the 20' public water easement, from which a concrete monument found in said southeast right-of-way line of 1-35W and the said northwest line of Lot 1 bears North 25°47'15" East, a distance of 411.69 feet; said concrete monument also being in said southeast line of the 1.3936 acre State of Texas tract; THENCE South 60°32'02" East, departing said northwest line of the 20' public water easement, a distance of 20.00 feet to a point for corner in said southeast line of the 20' public water easement; THENCE South 29027'58" West, along said southeast line of the 20' public water easement, a distance of 14.07 feet to a point for corner; THENCE North 15°32'02" West, departing said southeast line of the 20' public water easement, a distance of 5.76 feet to a point for corner; THENCE North 60°32'02" West, a distance of 15.93 feet to a point for corner in said northwest line of the 20' public water easement; from which an aluminum disk found stamped "TxDOT" in said southeast right-of-way line of 1-35W and being the southwest corner of said Lot 1 bears South 30°58'35" West, a distance of 811.52 feet; said aluminum disk also being the southeast corner of said 1.3936 acre State of Texas tract; THENCE North 29°27'58" East, along said northwest line of the 20' public water easement, a distance of 10.00 feet to the POINT OF BEGINNING and containing 208 square feet or 0.0048 acres of land, more or less. TRACT 3 BEGINNING at a point for corner in said northwest line of the 20' public water easement, from which a concrete monument found in said southeast right-of-way line of 1-35W and the said northwest line of Lot 1 bears North 27003'41" East, a distance of 629.56 feet; said concrete monument also being in said southeast line of the 1.3936 acre State of Texas tract; THENCE South 00032'02" East, departing said northwest line of the 20' public water easement, a distance of 15.51 feet to a point for corner; THENCE South 60°32'02" East, a distance of 12.24 feet to a point for corner in said southeast line of the 20' public water easement; from which a 5/8" iron rod set with a cap stamped "KHA" being in the east line of said Lot 1 and being the southwest corner of Lot 2, Block 1, of said 135 Eagle Industrial, bears North 88°05'30" East, a distance of 383.96 feet; ENCROACHMENT LOT 1, BLOCK 1, THENCE South 29027'58" West, along said southeast line of 135 EAGLE INDUSTRIAL the 20' public water easement, a distance of 10.00 feet to a point for corner; RUFUS KING SURVEY, THENCE North 60°32'02" West, departing said southeast line of the 20' public water easement, a distance of 18.02 feet to a point for corner; THENCE North 00°32'02" West, a distance of 3.96 feet to a point for corner in said northwest line of the 20' public water easement; THENCE North 29°27'58" East, along said northwest line of the 20' public water easement, a distance of 20.00 feet to the POINT OF BEGINNING and containing 249 square feet or 0.0057 acres of land, more or less. ABSTRACT No. 723, JONATHAN EVANS SURVEY, ABSTRACT NO. 396 CITY OF FORT WORTH TARRANT AND DENTON COUNTY, TEXAS LEGAL DESCRIPTION ENCROACHMENT TRACT 4 BEGINNING at a point for corner in said northwest line of the 20' public water easement being the beginning of a non -tangent curve to the right; THENCE in a southeasterly direction, departing said northwest line of the 20' public water easement, with said non -tangent curve to the right, with a radius of 67.50 feet, a central angle of 18°35'53", and a chord bearing and distance of South 37000'02" East, 21.81 feet and an arc distance of 21.91 feet to a point for corner in said southeast line of the 20' public water easement; from which a 5/8" iron rod set with a cap stamped "KHA" being in the east line of said Lot 1 and being the southwest corner of said Lot 2 bears North 84'11'48" East, a distance of 401.52 feet; THENCE South 29°27'58" West, along said southeast line of the 20' public water easement, a distance of 12.37 feet to a point for corner at the beginning of a non -tangent curve to the left; THENCE in a northwesterly direction, departing said southeast line of the 20' public water easement, with said non -tangent curve to the left, with a radius of 57.50 feet, a central angle of 22°45'09", and a chord bearing and distance of North 32°22'50" West, 22.68 feet and an arc distance of 22.83 feet to a point for corner in said northwest line of the 20' public water easement; from which an aluminum disk found stamped "TxDOT" in said southeast right-of-way line of 1-35W and being the southwest corner of said Lot 1 bears South 31 °40'08" West, a distance of 556.45 feet; said aluminum disk also being the southeast corner of said 1.3936 acre State of Texas tract; THENCE North 29°27'58" East, along said northwest line of the 20' public water easement, a distance of 10.38 feet to the POINT OF BEGINNING and containing 223 square feet or 0.0051 acres of land, more or less NOTES Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202). A survey plat of even survey date herewith accompanies this metes and bounds description. The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the easement tracts. MICHAEL CLEO BILLINGSLEY REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6558 (i 801 CHERRY STREET, UNIT 11 SUITE 1300 FORT WORTH, TEXAS 76102 PH. 817-335-6511 michael.billingsley@kimley-horn.com MICHAEL CLEO BILLINGSLEY 6558 �9i11_ E s s 0,�0 ENCROACHMENT LOT 1, BLOCK 1, 135 EAGLE INDUSTRIAL RUFUS KING SURVEY, ABSTRACT No. 723, JONATHAN EVANS SURVEY, ABSTRACT NO. 396 CITY OF FORT WORTH TARRANT AND DENTON COUNTY, TEXAS PART ONE STATE OF TEXA; (VOL. 3215, PG. 813 STATE OF TEXAS (VOL. 515, PG. 86) PART OF AIL INVESTMENT, LP (VOL. 4246, PG. 457) I � � I � � I LOT 1, BLOCK 1 / I 135 EAGLE INDUSTRIAL / I \ (DOC. No. 2026-182) I \ \ (INST. No. D226093886) I GPFT HF ALLIANCE 2026, LP I (INOST. No. D226072052) / CMF / (DISTURBED) I / / WATER EASEMENT (INST. No. D226052871) OCID � 0 15 30 cv)w z� CIO / / I / GRAPHIC SCALE IN FEET LEGEND P/O.B. // v y I // / I/ P.O.B. = POINT OF BEGINNING ADF = ALUMINUM DISK FOUND IRSC = IRON ROD SET W/CAP STAMPED "KHA" TRACT 1 CMF = CONCRETE MONUMENT FOUND ry ENCROACHMENT NOTES / // <3 v 0.0046 ACRES 200 SQ. FT. Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), ENCROACHMENT North Central zone (4202). LOT 1 BLOCK 1 A metes and bounds description of even survey date herewith accompanies this survey plat. 135 EAGLE INDUSTRIAL The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey plat accurately sets out the metes and bounds of the easement tracts. MICHAEL CLEO BILLINGSLEY REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6558 (i 801 CHERRY STREET, UNIT 11 SUITE 1300 FORT WORTH, TEXAS 76102 PH. 817-335-6511 michael.billingsley@kimley-horn.com MICHAEL CLEO BILLINGSLEY 6558 �9i11_ e S S 0,�0 RUFUS KING SURVEY, ABSTRACT No. 723, JONATHAN EVANS SURVEY, ABSTRACT NO. 396 CITY OF FORT WORTH TARRANT AND DENTON COUNTY, TEXAS -QN 9 O! a P.O -XT / \T w Ly w �13) 1 LLI / �ADF / ZR YR / ~ i"TxDOT" / _ c j ZD () QQ LLQ / / z cl� 0 / / / NORTH 0 15 30 GRAPHIC SCALE IN FEET /CMF / (DISTURBED) / / 20' PUBLIC WATER EASEMENT (INST. No. D226052871) N25°47'15"E // 411.69' m(eumic P.O.B. = POINT OF BEGINNING ADF = ALUMINUM DISK FOUND IRSC = IRON ROD SET W/CAP STAMPED "KHA" CMF = CONCRETE MONUMENT FOUND / TRACT 2 ENCROACHMENT 0.0048 ACRES 208 SQ. FT. LOT 1, BLOCK 1 135 EAGLE INDUSTRIAL (DOC. No. 2026-182) (INST. No. D226093886) GPFT HF ALLIANCE 2026, LP (DOC. No. 2026-43608) (INST. No. D226072052) ENCROACHMENT LOT 1, BLOCK 1, 135 EAGLE INDUSTRIAL RUFUS KING SURVEY, ABSTRACT No. 723, JONATHAN EVANS SURVEY, ABSTRACT NO. 396 CITY OF FORT WORTH TARRANT AND DENTON COUNTY, TEXAS LEGEND P.O.B. = POINT OF BEGINNING ADF = ALUMINUM DISK FOUND IRSC = IRON ROD SET W/CAP STAMPED "KHA" CMF = CONCRETE MONUMENT FOUND / /'CMF / ;r(DISTURBED)/ / / / N27°03'41"E f 629.56' ^h o v J / L14 �I�/ / N TRACT 3 ENCROACHMENT 0.0057 ACRES 249 SQ. FT. IRSC ` _ _ N88°0530®E 383`—96' -- I/,— ,�^ IRSC�84� 401.5Z TRACT 4 ENCROACHMENT 0.0051 ACRES / 223 SQ. FT. LOT 1, BLOCK 1 / 135 EAGLE INDUSTRIAL ADF (DOC. No. 2026-182) TxxDOT" (INST. No. D226093886) / GPFT HF ALLIANCE 2026, LP (DOC. No. 2026-43608) (INST. No. D226072052) / 20' PUBLIC WATER EASEMENT (INST. No. D226052871) LINE TABLE LINE TABLE NO. BEARING LENGTH NO. BEARING LENGTH L1 S60°32'02"E 20.00' L10 S00°32'02"E 15.51' L2 S29027'58"W 10.00' L11 S60°32'02"E 12.24' L3 N60°32'02"W 20.00' L12 S29°27'58"W 10.00' L4 N29°27'58"E 10.00' L13 N60°32'02"W 18.02' L5 S60°32'02"E 20.00' L14 N00'32'02"W 3.96' L6 S29027'58"W 14.07' L15 N29°27'58"E 20.00' L7 N15°32'02"W 5.76' L16 S29°27'58"W 12.37' L8 N60°32'02"W 15.93' L17 N29`27'58"E 10.38' L9 N29°27'58"E 10.00' CURVE TABLE NO. RADIUS DELTA CHORD BEARING CHORD LENGTH Cl 67.50' 18°35'53" S37°00'02"E 21.81' 21.91' C2 57.50' 22'45'09" N32°22'50"W 22.68' 22.83' Q� co LLl �> �M �� zz �z �U ZU Lu Y Q QQILL. co z cc 0 NORTH 0 15 30 GRAPHIC SCALE IN FEET ENCROACHMENT LOT 1, BLOCK 1, 135 EAGLE INDUSTRIAL RUFUS KING SURVEY, ABSTRACT No. 723, JONATHAN EVANS SURVEY, ABSTRACT NO. 396 CITY OF FORT WORTH TARRANT AND DENTON COUNTY, TEXAS ORT WORT THE CITY OF FORT WORTH CFA VICINITY EXHIBIT PUBLIC IMPROVEMENTS TO SERVE INDCO 135 & EAGLE SITE LOCATION MAP NTS Kimley)))Horn MARCH 20, 2026 STA 6+60,77, STORM LINE B -STA 0+", STORM LAT B-2 INSTALL: 1 - $'JUNCTION BOX FL 24' IN (NE): 650,26 FL 24'IN (NW): 650.16 FL 30' OUT (SW9: 650.26 7+00 LOT 1, BLOCK 1 10.0168 ACRES 20' PUBLIC WATER EASEMENT BY SEPARATE INSTRUMENT 6+00 5+00 --- j--imUT[LFFYEASEMFNT ----- Y"! - it IF � __ --- �-_ .__. .�.-• -STAT B-2 P- ROP. 8' PUBLIC WATER LINE a -- STALL: i INLET PROP. ENCROACHMENT E-1 65t.68 3 20 LF PROP. STORM IN 20' PUBLIC UT[LFFY EASEMENT EX. 21' TXDOT STORM LINE DENTON 0081-013-022 HIGHWAY 35W FRONTAGE ROAD GRAPHIC SCALE IN FEET 0 30 60 120 LEGEND PROPOSED STORY+I LINE ss PROPOSED SANITARY SEWER LINE tv PROPOSED WATER LINE EXISTING SANITARY SEW'ERLINE EXISTING WATER LINE EXISTING STORM LINE EXHIBIT C: ENCROACHMENT E-1 PLAN VIEW STORM LAT B-2 ONTAL ICALSCALE: 111661 t"�6' VERTICALSCALE: VER 2Z0UBLIC '?fo� WATER EASEdENBY SEPARATE INSTRUMENT 665 IIIIIIIIIIII IIaIIIIIIIII 665 °owg 660 + 0lP7 STA:3+31,77, STORM LINE B =STA. 0+00, STORM LAT B-3 INSTALL: 1 - 45' WYE FL 30' IN (NE): 649.44 FL 24" IN (N): 649.69 FL 3D" OUT (SW): 649.44 20' PUSUC WATER EASEMENT BY SEPARATE INSTRUMENT 4+00 J x 3+017 _u t650.13 - - -w '-FC' " STA 0+14,14, STO— ` PROP. 8' PUBLIC WATER LINE Orr ■ 1 FL 24" IN ( PROP. ENCROACHMENT E-2 FL 24" OUt 21 LF PROP. STORM IN 20' PUBLIC UTILITY EASEMENT STA 0+47.64, STORM LAT 0•3 EX 27- TXDOT STORM LINE INSTALL: DENTON_0081-013-022 -10' S CURB INLET _ FL 24" OUT (SE): 65 1. D2 HIGHWAY 35W FRONTAGE ROAD GRAPHIC SCALE IN FEET 0 30 60 120 LEGEND PROPOSED STORM LINE ss PROPOSED SANITARY SEWER LINE W PROPOSED WATER LINE EXSTING SANITARY SEWER LINE EXISTING WATER LINE EXIST] NG STORM LINE EXHIBIT C: ENCROACHMENT E-2 PLAN VIEW STORM LA►T B-3 HORIZONTAL SCALE: 11.=6 VERTICAL SCALE: 1"=6' 2U PUBLIC WATER EASEMEN1 BY SEPARATE INSTRUMENT I 665 z 665 o - 660 +:j 660 1WI � � O I I 665 PROP. I 655 GRADE EX. I I GRADE 650 I 650 24' @ 3.13%m!Z ENCROACHY ENT 16' WATER CROSSING I I E-2 STA:0+22.14 645 FL:645.68 I � Y 645 v. I I IN 640 I 640 W a?�? I� O CI ? 14 635 wlu I I U� I 635 -1+00 010 1400 1+50 EXHIBIT C: ENCROACHMENT E-2 PROFILE VIEW STA 1+10,10, STORM LINE B -STA 0+90, STORM LAT B-4 INSTALL: 1. - 5' T (SW0N BOX OUT (SWj: 648.88. STORM LAT B-4INSTALL:1-6fl°BEND24' IN (N): '49.78OUT A (SE): 649.78ORh1 LAT B-4INSTALL:GRATE INLETT A (SW): 650.38 4 02 J GRAPHIC SCALE IN FEET I U 30 60 120 p r LEGEND vw W PROP. 8` PUBLIC WATER LINE STA: 0+41.88, STORM LAT B-4 INSTALL STATE O 1 - 10' CURB INLET (VOL. 288 FL 24' IN (NE): 650.30 FL 24' OUT (S): 650.30 EX. 241 TXDOT STORM LINE / DENTON_ONI-013-022 HIGHWAY 35W FRONTAGE ROAD f 1 k2o'PUBLIGWATERSEMENT BY SEPARATE STRUMENT r PROP. 8° PRIVATE WATER LINE --- �� PROP. ENCROACHMENT E-4 ± 23 LF PROP. RETAINING WALL IN 2Y PUBLIC UTILITY EASEMENT PROP. ENCROACHMENT E-3 + 22 LF PROP. STORM IN 20' PUBLIC UTILITY EASEMENT EX. 4 7'X5' TXDOT BOX CULVERTS DENTON_0081-013-022 PROPOSED STORM LINE --.ss PROPOSED SANITARY SEWER LINE w PROPOSED WATERLINE EXISTING SANITARY SEWER LINE EXISTING WATER LINE EXISTING STORM LINE PROPOSED RETAINING WALL EXHIBIT C: ENCROACHMENT E-3 AND E-4 PLAN VIEW FORIVORTH THE CITY OF FORT WORTHS TEXAS PLANS FOR THE CONSTRUCTION OF PUBLIC WATER & SEWER IMPROVEMENTS TO SERVE INDCO 1-35 EAGLE (1-35 EAGLE INDUSTRIAL, LOTS I & 2, BLOCK 1) CITY OF FORT WORTH, DENTON COUNTY MATrIE PARKER 5Lkycc jESUS 'Ar CHAPA '=�Wzkl.n MICRAEL OWEN, P E- CHRISTOPHER R HARDER, P.E- D3Z.r0LVATUEVAKT=U rl_- W'A\ JP?,CF.EC0RDN0 lFRC:5-Cl70 CrrYPROJECTNO lOt!47 FM No i 311 "2034) 1 .1 MM1407 C45 LOCATION MAP NT', Co�jf�' _IL J)'T7 WAPSCONO TAR -NE 'TR,C_r 10 LATITUMM WV0351214 L0.43ifuoE(y) WW49f':-p MARCH 2026 CIN1:EDDE'4FLOPED BY: PREPARED BY: Kimiev)))Horn 4.4 ut OV20/2026 saf fok VSTE 0311 W2026 VATZ F WAM4EA EXHIBIT B Certificate of Insurance Tier II Easement Encroachment Agreement Page I I of I I Revised 12/2022 FORT WORTH. i City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: GPFT HF Alliance 2026, LP Subject of the Agreement: Encroachment agreemene for retaining walls and storm drains within the City's water easement 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 yrs from date of Director's 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. PN26-00057 *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.