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Home My WebLink About065775 - General - Contract - NTP35, LPDate Received: 9/2/2026 Time Received: 11:40 a.m. Record Number: PN25-00182 City Secretary No.: 65775 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER H 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 NTP35, LP, a Texas limited partnership ("Licensee"), acting by and through its duly authorized representative. RECITALS WHEREAS, Licensee is the owner of the real property located at 9000 North City Drive, Fort Worth, Texas 76177 ("Property"), being more particularly described as, Tract 1: Being a 171.49 -acre tract of land situated in the William McCowen Survey, Abstract No. 999, in Tarrant County, Texas and being the residue of that 173.676 -acre tract of land described as Tract 1 in deeds to Ellesmere Investment Corporation, N.V. as recorded in Volume 6617, Page 99 and in Volume 6709, Page 791 of the Deed Records of Tarrant County, Texas; and Tract 2: Being a 146.11 -acre tract of land situated in the William McCowen Survey, Abstract Number 999 in Tarrant County, Texas and being the residue of that 165.87 -acre tract of land described as Tract 2 in deeds to Ellesmere Investment Corporation, N.V. as recorded in Volume 6617, Page 99 and in Volume 6709, Page 791 of the Deed Records of Tarrant County, and as recorded in Deed Records, by Instrument Number D216282322 and WHEREAS, the City owns an permanent exclusive water -sewer facility easement (the "Public Property") adjacent to the property, dedicated to the City in an easement filed in the Tarrant County Deed Records as Instrument Number D226077993, as depicted on the fmal plat of the property (FP -25-090), which plat is recorded in the plat records of Tarrant County as Instrument Number D226127300; 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 Tier II Easement Encroachment Agreement FT. WORTH, TX Page 1 of 13 Standard 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 reinforced concrete storm pipes (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within the Public Property. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on the Public Property beyond what is specifically described in Exhibit "A." 2. All construction, installation, maintenance, and operation of the Encroachment and the use or occupancy of the Public Property shall comply with and be performed in strict compliance with this Agreement and with the charter, ordinances, codes, and policies of the City. Prior to the construction or installation of the Encroachment, Licensee shall submit all plans and specifications to the Director of the Development Services Department or duly authorized representative. Licensee shall not commence construction or installation of the Encroachment nor make any use of the Public Property until after the execution of this Agreement. 3. Licensee, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or future utilities affected by such Encroachment and the use and occupancy of the Public Property, 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 13 Standard 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 13 Standard 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 13 Standard 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. Tier II Easement Encroachment Agreement Page 5 of 13 Standard 16. In any action brought by the City for the enforcement of the obligations of the Licensee, City shall be entitled to recover interest and reasonable attorneys' fees. 17. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. 18. Licensee covenants and agrees that it will not assign all or any of its rights, privileges, or duties under this Agreement without the written approval of the City, and any attempted assignment without such written approval shall be void. In the event Licensee conveys the Property, Licensee may assign all of its rights and obligations under this Agreement to the new owner of the Property, and Licensee shall be deemed released from its duties and obligations hereunder upon City's approval in writing of such assignment, which approval shall not be unreasonably conditioned or withheld. Foreclosure by a secured lender of Licensee or assignment to a secured lender by Licensee in the event of default or otherwise shall not require City approval provided that said lender notifies City in writing within sixty (60) days of such foreclosure or assignment and assumes all of Licensee's rights and obligations hereunder. However, no change of ownership due to foreclosure or assignment to any secured lender of Licensee shall be effective as to City unless and until written notice of such foreclosure or assignment is provided to City. 19. Prior to the end of the term of this Agreement, Licensee may submit a new encroachment application to the City. The City will not unreasonably withhold or delay approval of such application provided that the Encroachment follows the then current City codes and compliance. 20. 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 13 Standard 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 7 of 13 Standard EXECUTED to be effective on the date signed by the City's Director of Development Services Department City: CITY OF FORT WORTH By: Dalton Harrel !S- 202fi 1107:43 CDT) J D. J. Harrell Director, Development Services Department 09/02/2026 Date: ATTEST 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. Kandice Merrick Contract Compliance Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II Easement Encroachment Agreement Page 8 of 13 Standard Licensee: NTP35, LP a Texas limited partnership By: NTP Investments LLC its General Partner By Name: Steve McKeever Title: Manager Date: 8-17-26 STATE OF § COUNTY OF j --,§ BEFORE ME, the undersigned authority, a Notary Public in and for the State of __ on this day personally appeared 5 Gj&Ql)u„r, ______R____ (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 frTP 3sIL? a ;1:� �1l1e1ntity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this I day of __, 2026. ' $ My Co 2/4/2030 Expires Notary Public in and for the Notary $D133573355 State of %ate Tier II Easement Encroachment Agreement Page 9 of 13 Standard Revised 12/2022 Tier II Easement Encroachment Agreement Page 10 of 13 Standard 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 2nd day of September , 2026. Notary Public in and for the State of Texas Tier II Easement Encroachment Agreement Standard Audlroy Lee ' laliace My COMMOSolan expires Notary 4[113'50 2586 Page 11 of 13 EXHIBIT A Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page 12 of 13 Standard LEGAL PROPERTY DESCRIPTION: LOTS 1 R1, 1 R2, 2R2, & 2R3, BLOCK 5. NORTH CITY ADDITION -EAST (24.152 ACRES) VICINITY MAP N.T.S. i c'�P�...OF•... 1, TEXAS REGISTRATION #14199 CLAY CRISTY /...;...•.•...................�.•. < �: 109800 �� ENGINEERING �'• o �'�� NORTH CITY MCKEEVER � , • ,� �� •�-•.• �� 3231 HARDWOOD RD EXHIBIT A (SOUTHEAST CORNER OF NORTH tr` �/� ._ BEDFORD, TX 76021 VICINITY MAP TARRANT PKWY AND NORTH CITY DRIVE, '� ��` +r� jZ� /Z026 PHONES 817.281.0572 FORTH WORTH, TX 76177) W W W.CLAYMOOREENG. COM GRAPHIC SCALE JO I ! a 50 100 200 1 inch-,= 100 ft. NORTH TARRANT PARKWAY .IJv EASE'AEN f ----2 �V OCc. I.G.O20]3]]950 ACRES ]plJc "a E' LOT1R1 R1 LOT1R3 R3 I LOT 2R2 OFrI IMATE ELI ITS SCF PBONELIM SCALED PER FEMa MAP TTY AR W 3ox,T sPERMANENT LOT 2R B OCKS �NNARrsF�R�sEM T MIN. FFE = 685.60 GTSZRezR �« Q I NORTH CfI..-D ION LLoGG. FG. ❑22312CF R T.Gi. I ENCROACHMENT#2 ENCROACHMENT#3 H I ENCROACHMENT#1 LOTI NC*RTH CITL ACGI'fION - E45, P.RT.GT "5' I LOT 2R3 LOT 1 R2 25' EXCLUSIVE WATER & SEWER EASEMENT 1 Doc. No. D226077993 DRAINAGE PIPE DRAINAGE PIPE ENCROACHING ENCROACHING ' v EXCLUSIVE WATER AND EXCLUSIVE WATER AND I I I SEWER EASEMENT SEWER EASEMENT •� OF C�P�E•.....TEkgs111 F 't CLAY CRISTY j / ...................0............. ' o ; 109800 ENGINEERING 11'O'• �� ••��``'i NORTH CITY MCKEEVER (� ..••',r\ 3231 HARDWOOD RD EXHIBIT B - OVERALL PLAN (SOUTHEAST CORNER OF NORTH ` �% �•y ? IZ� 122 BEDFORD, TX 76021 wAL PHONE: 817.281.0572 ENCROACHMENT #1, #2, #3 TARRANT PKWY AND NORTH CITY DRIVE, '� ��\ a (k WWW.CLAYMOOREENG.COM FORTH WORTH, TX 76177) EXHIBIT "A" LEGAL DESCRIPTION Being a 0.009 acre tract of land out of the William McCowen Survey, Abstract No. 999, situated in the City of Fort Worth, Tarrant County, Texas, being a portion of Lot 1 R1, Block 5 of North City Addition - East, Lots 1 R1, 1 R2, 2R2, & 2R3, Block 5, a subdivision of record in Document Number D226127300 of the Plat Records of Tarrant County, Texas, also being a portion of that certain Permanent Exclusive Water -Sewer Facility Easement of record in Document Number D226077993 of the Official Public Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a point within said Lot 1 R1 for the northeast corner hereof, from which a 1/2 inch iron rod with green plastic cap stamped "EAGLE SURVEYING" set in the south right-of-way line of North Tarrant Parkway, being the northeast corner of said Lot 1 R1 and the northwest corner of Lot 2R2, Block 5 of said North City Addition - East, Lots 1 R1, 1 R2, 2R2, & 2R3, Block 5, bears N56°50'49"E, a distance of 508.41 feet; THENCE, over and across said Lot 1 R1, the following four (4) courses and distances: 1. S00°33'07"E, a distance of 25.00 feet to the southeast corner hereof, from which a 1/2 inch iron rod with green plastic cap stamped "EAGLE SURVEYING" set at an angle point in the south line of said Lot I R1 and the common north line of Lot 1 R2, Block 5 of said North City Addition - East, Lots 1 R1, 1 R2, 2R2, & 2R3, Block 5, bears S69°36'10"E, a distance of 32.88 feet; 2. S89°26'53"W, a distance of 15.00 feet to the southwest corner hereof; 3. N00°33'07"W, a distance of 25.00 feet to the northwest corner hereof; 4. N89°26'53"E, a distance of 15.00 feet to the POINT OF BEGINNING, and containing an area of 0.009 acres (375 square feet) of land, more or less. Bearings are based on GPS observations utilizing the AllTerra RTK Network, North American Datum of 1983 (Adjustment Realization 2011). PAGE 1 OF 2 I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a Registered Professional Land Surveyor under the laws of the State of Texas Caleb McCanlies R.P.L.S. # 7036 ........................ CALEB H. MCCANLIES :.-...7036 ... •;•Q - 'o O SUR' 07-07-2026 Date NORTH TARRANT PARKWAY VARIABLE WIDTH RIGHT-OF-WAY i i i LOT 1R1 / BLOCK 5 i NORTH CITY ADDITION - EAST, LOTS 1 R1, 1 R2, 2R2, & 2R3, BLOCK 5 DOC. NO. 226127300 P.R.T.C.T. Q, i ENCROACHMENT #1 0.009 ACRE (375 SQ. FT.) N 89°26'53" E �� POB 15.00' Z I cn PERMANENT EXCLUSIVE O NJo I C WATER -SEWER FACILITY EASEMENT p C I p W DOC. NO. D226077993 O O I O O O.P.R.T.C.T. ° *I In 1/2" CIRS "EAGLE SURVEYING" LOT 2R2 BLOCK 5 NORTH CITY ADDITION - EAST, LOTS 1R1, 1 R2, 2R2, & 2R3, BLOCK 5 DOC. NO. 226127300 P.R.T.C.T. - 15.00' s s9 3s �o„F S 89°26'53" W 328x, LOT 1 R2 BLOCK 5 NORTH CITY ADDITION - EAST, LOTS 1R1, 1 R2, 2R2, & 2R3, BLOCK 5 DOC. NO. 226127300 P.R.T.C.T. P•�OFTF+9C C;• * cP ........................ CALEB H. MCCANLIES ........................ •�< • A 7036 Q P_ SURv�y/ Caleb McCanlies R.P.L.S. # 7036 PAGE 2 OF 2 07-07-2026 Date 1"=20' 0 10 20 1/2" CIRS "EAGLE SURVEYING" NOTE: Bearings are based on GPS observations utilizing the AllTerra RTK Network, North American Datum of 1983 (Adjustment Realization 2011). LEGEND O BOUNDARY MONUMENT IRF IRON ROD FOUND CIRS CAPPED IRON ROD SET FOB POINT OF BEGINNING DOC. NO. DOCUMENT NUMBER O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS P.R.T.C.T. PLAT RECORDS, TARRANT COUNTY, TEXAS I � I I GRAPHIC SCALE ,I I n in o n �— ss - 15'X25' ENCROACHMENT EASEMENT #1 30" RCP ENCROACHING EXCLUSIVE WATER AND EASEMENT I TEXAS REGISTRATION #14199 ENGINEERING 3231 HARDWOOD RD BEDFORD, TX 76021 PHONE: 817.281.0572 W W W. C LAYMOOREENG.COM NORTH CITY MCKEEVER EXHIBIT PLAN (SOUTHEAST CORNER OF NORTH ENCROACHMENT #1 TARRANT PKWY AND NORTH CITY DRIVE, FORTH WORTH, TX 76177) 12026 STORM LAT. A-1 30" RCP CROSSIN TEXAS REGISTRATION #14199 ENGINEERING 3231 HARDWOOD RD BEDFORD, TX 76021 PHONE: 817.281.0572 W W W. CLAYMOOREENG.COM 690 690 PROPOSEE GRADE LINE EXISTING GRADE LINE 685 30"RCP@0.84% 685 30" RCP @ 1.09% 25' EXCL SEWER Doc. No. -680 680 EE )RIVATE STORM 3 EXCLUSIVE & SEWER EASEMENT 675 PIPE WATER Q Q ? 8" PVC O H HV Q o 0 J 4 J O 675 Nom �� oom coo t (O LU I"-. I"- °° W00� J (0 (O 672 (� u " Z �"" `f) 672 (N c0 00 c0 O) c0 0O c0 0+00 GRAPHIC SCALE 40 0 20 40 80 1 INCH = 4 FT. (VERTICAL) 1 INCH = 40 FT. (HORIZONTAL) EXHIBIT - PROFILE ENCROACHMENT #1 1+00 NORTH CITY MCKEEVER (SOUTHEAST CORNER OF NORTH TARRANT PKWY AND NORTH CITY DRIVE, FORTH WORTH, TX 76177) SIVE WATER & ,SEMENT )26077993 E.�....T FXgs 111 .... •••••.......•..•.•• :* CLAY CRISTY 109800 1202 EXHIBIT "A" LEGAL DESCRIPTION Being a 0.009 acre tract of land out of the William McCowen Survey, Abstract No. 999, situated in the City of Fort Worth, Tarrant County, Texas, being a portion of Lots 1 R1 and 1 R2, Block 5 of North City Addition - East, Lots 1 R1, 1 R2, 2R2, & 2R3, Block 5, a subdivision of record in Document Number 0226127300 of the Plat Records of Tarrant County, Texas, also being a portion of that certain Permanent Exclusive Water -Sewer Facility Easement of record in Document Number D226077993 of the Official Public Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a point within said Lot 1 R1 for the northeast corner hereof, from which a 1/2 inch iron rod with green plastic cap stamped "EAGLE SURVEYING" set in the south right-of-way line of North Tarrant Parkway, being the northeast corner of said Lot 1 R1 and northwest corner of Lot 2R2, Block 5 of said North City Addition - East, Lots 1R1, 1 R2, 2R2, & 2R3, Block 5, bears N21 °23'19"E, a distance of 295.31 feet; THENCE, over and across said Lots 1 R1 and 1 R2, the following five (5) courses and distances: 1. S00°33'07"E, a distance of 25.00 feet to the southeast corner hereof, from which a 1/2 inch iron rod with green plastic cap stamped "EAGLE SURVEYING" set at the southeast corner of said Lot 1 R1, northeast corner of said Lot 1 R2, southwest corner of said Lot 2R2, and northwest corner of Lot 2R3, Block 5 of said North City Addition - East, Lots 1 R1, 1 R2, 2R2, & 2R3, Block 5, bears N61 °36'10"E, a distance of 37.47 feet; 2. S89°26'53"W, a distance of 22.22 feet to the southwest corner hereof; 3. N44°26'53"E, a distance of 10.21 feet to a point; 4. N00°33'07"W, a distance of 17.78 feet to the northwest corner hereof; 5. N89°26'53"E, a distance of 15.00 feet to the POINT OF BEGINNING, and containing an area of 0.009 acres (401 square feet) of land, more or less. Bearings are based on GPS observations utilizing the AllTerra RTK Network, North American Datum of 1983 (Adjustment Realization 2011). PAGE 1 OF 2 I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a Registered Professional Land Surveyor under the laws of the State of Texas Caleb McCanlies R.P.L.S. # 7036 ........................ CALEB H. MCCANLIES :.-...7036 ... •;•Q - 'o O SUR' 07-07-2026 Date LINE TABLE LINE BEARING DISTANCE L1 S 00°3307" E 25.00' OWE 4 SURVEY, WILLIABSRp,CT O. 999 NORTH TARRANT PARKWAY 1/2" CIRS VARIABLE WIDTH RIGHT-OF-WAY "EAGLE SURVEYING" LOT1R1 R1 BLOCK 5 /n NORTH CITY ADDITION - EAST, /)' LOTS 1R1, 1 R2, 2R2, & 2R3, BLOCK 5 DOC. NO. 226127300 ob P.R.T.C.T. /c N89°26'53"E 15.00' I I - - N 00°33'07" W� L 78'17.78' N 44°26'53" E 10.21' ENCROACHMENT #2 0.009 ACRE (401 SQ. FT.) PERMANENT EXCLUSIVE WATER -SEWER FACILITY EASEMENT DOC. NO. D226077993, O.P.R.T.C.T. Caleb McCanlies R.P.L.S. # 7036 PAGE 2 OF 2 / V /c' I /T / I L- --- S 89°26'53" W 22.22' LOT 1 R2 BLOCK 5 NORTH CITY ADDITION - EAST, LOTS 1R1, 1 R2, 2R2, & 2R3, BLOCK 5 DOC. NO. 226127300 P.R.T.C.T. 07-07-2026 Date 1"=20' 0 10 20 LOT 2R2 BLOCK 5 NORTH CITY ADDITION - EAST, LOTS 1R1, 1 R2, 2R2, & 2R3, BLOCK 5 DOC. NO. 226127300 P.R.T.C.T. F I I I _-_-J I L 1/2" CIRS "EAGLE SURVEYING" LOT 2R3 BLOCK 5 NORTH CITY ADDITION - EAST, LOTS 1R1, 1 R2, 2R2, & 2R3, BLOCK 5 DOC. NO. 226127300 P.R.T.C.T. NOTE: Bearings are based on GPS observations utilizing the AllTerra RTK Network, North American Datum of 1983 (Adjustment Realization 2011). LEGEND O BOUNDARY MONUMENT IRF IRON ROD FOUND CIRS CAPPED IRON ROD SET FOB POINT OF BEGINNING DOC. NO. DOCUMENT NUMBER O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS P.R.T.C.T. PLAT RECORDS, TARRANT COUNTY, TEXAS I � GRAPHIC SCALE 20 0 10 20 40 1 1 inch = 20 ft. I I I I I ---- ----I I 25' E CLUSIVE WATER & SE ER EASEMENT �_ bum +tom TEXAS REGISTRATION #14199 ENGINEERING 3231 HARDWOOD RD EXHIBIT - PLAN BEDFORD, TX 76021 PHONE: 817.281.0572 ENCROACHMENT #2 W W W. CLAYMOORE ENG. COM I I I 15' I I L- - - -II - - - -- - ENCROACHMENT EASEMENT #2 Ni 01 24" RCP ENCROACHING EXCLUSIVE WATER AND EASEMENT NORTH CITY MCKEEVER (SOUTHEAST CORNER OF NORTH TARRANT PKWY AND NORTH CITY DRIVE, FORTH WORTH, TX 76177) 12022 STORM LAT. A-3 24" RCP F CROSSING TEXAS REGISTRATION #14199 ENGINEERING 3231 HARDWOOD RD BEDFORD, TX 76021 PHONE: 817.281.0572 W W W. CLAYMOOREENG. COM 690 690 EXISTING GRADE LINE EWATER 'EXCLUSI WER EAS MENT c. No. 24" RCP @ 0.60% 62 85 685 'RIVATE STORM PIPE EXCLUSIVE WATER 3 SEWER EASEMENT —-RCf @0.60° B ATER M IJ- - 680 680 H C) 8" VC M H H 0 O.O Co7 H 01 lll ___!ONO(O CO 675 HN~V N �vNN U) N 675 IL 1_- - LL jj z r " " � " 674 674 00 c0 0+00 GRAPHIC SCALE 40 0 1 INCH 1 INCH EXHIBIT - PROFILE ENCROACHMENT #2 20 40 80 4 FT. (VERTICAL) 40 FT. (HORIZONTAL) NORTH CITY MCKEEVER (SOUTHEAST CORNER OF NORTH TARRANT PKWY AND NORTH CITY DRIVE, FORTH WORTH, TX 76177) �P�E.°...TEXgs11 r 5.•• 1 *: *� */ CLAY CRISTY 109800 r 412g1�026 EXHIBIT "A" LEGAL DESCRIPTION Being a 0.009 acre tract of land out of the William McCowen Survey, Abstract No. 999, situated in the City of Fort Worth, Tarrant County, Texas, being a portion of Lots 2R2 and 2R3, Block 5 of North City Addition - East, Lots 1 R1, 1 R2, 2R2, & 2R3, Block 5, a subdivision of record in Document Number 0226127300 of the Plat Records of Tarrant County, Texas, also being a portion of that certain Permanent Exclusive Water -Sewer Facility Easement of record in Document Number D226077993 of the Official Public Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a point within said Lot 2R2 for the northwest corner hereof, from which a 1/2 inch iron rod with green plastic cap stamped "EAGLE SURVEYING" set in the south right-of-way line of North Tarrant Parkway, being the northwest corner of said Lot 2R2 and the northeast corner of Lot 1 R1, Block 5 of said North City Addition - East, Lots 1 R1, 1 R2, 2R2, & 2R3, Block 5, bears N08014'51 "W, a distance of 276.41 feet; THENCE, over and across said Lots 2R2 and 2R3, the following five (5) courses and distances: 1. N89°26'53"E, a distance of 15.00 feet to the northeast corner hereof; 2. S00°33'07"E, a distance of 25.00 feet to the southeast corner hereof; 3. S89°26'53"W, a distance of 22.20 feet to the southwest corner hereof, from which a 1/2 inch iron rod with green plastic cap stamped "EAGLE SURVEYING" set at the southeast corner of Lot 1 R2, Block 5 of said North City Addition - East, Lots 1 R1, 1 R2, 2R2, & 2R3, Block 5, being an interior ell corner of said Lot 2R3, bears S05°26'19"W, a distance of 285.58 feet; 4. N44°26'53"E, a distance of 10.19 feet to a point; 5. N00°33'07"W, a distance of 17.80 feet to the POINT OF BEGINNING, and containing an area of 0.009 acres (401 square feet) of land, more or less. Bearings are based on GPS observations utilizing the AllTerra RTK Network, North American Datum of 1983 (Adjustment Realization 2011). PAGE 1 OF 2 I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a Registered Professional Land Surveyor under the laws of the State of Texas Caleb McCanlies R.P.L.S. # 7036 ........................ CALEB H. MCCANLIES :.-...7036 ... •;•Q - 'o O SUR' 07-07-2026 Date NORTH TARRANT PARKWAY VARIABLE WIDTH RIGHT-OF-WAY 1/2" CIRS "EAGLE SURVEYING" LOT 1R1 1 BLOCK 5 NORTH CITY ADDITION - EAST, LOTS 1R1, 1 R2, 2R2, & 2R3, BLOCK 5 DOC. NO. 226127300 P.R.T.C.T. LOT 1 R2 BLOCK 5 NORTH CITY ADDITION - EAST, LOTS 1 R1, 1 R2, 2R2, & 2R3, BLOCK 5 DOC. NO. 226127300 P.R.T.C.T. 1/2" CIRS "EAGLE SURVEYING" PAGE 2 OF 2 \MCCOW Et' nluoW SURVEY, ABSTRACT Np 999 LOT 2R2 BLOCK 5 NORTH CITY ADDITION - EAST, \ 2 LOTS 1 R1, 1 R2, 2R2, & 2R3, BLOCK 5 DOC. NO. 226127300 \ X80 \,mss P.R.T.C.T. \cj \6' POB \\ N 89°26'53" E N 00°3307" WN 15.00' 17.80' N 44°26'53" E 10.19' / / moo/ PERMANENT EXCLUSIVE WATER -SEWER FACILITY EASEMENT DOC. NO. D226077993 O. P. R.T. C.T. 00°33'07" E 25.00' S89026153W ----------- ENCROACHMENT #3 22.20' IL 0.009 ACRE (401 SQ. FT.) LOT 2R3 BLOCK 5 NORTH CITY ADDITION - EAST, LOTS 1 R1, 1 R2, 2R2, & 2R3, BLOCK 5 DOC. NO. 226127300 P.R.T.C.T. Caleb McCanlies R.P.L.S. # 7036 1"=20' 0 10 20 CALEB H. MCCANLIES f�,.,...7036... Q. P�FESS SUR\J- 07-07-2026 Date NOTE: Bearings are based on GPS observations utilizing the AllTerra RTK Network, North American Datum of 1983 (Adjustment Realization 2011). LEGEND O BOUNDARY MONUMENT IRF IRON ROD FOUND CIRS CAPPED IRON ROD SET FOB POINT OF BEGINNING DOC. NO. DOCUMENT NUMBER O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS P.R.T.C.T. PLAT RECORDS, TARRANT COUNTY, TEXAS TEXAS REGISTRATION #14199 ENGINEERING 3231 HARDWOOD RD BEDFORD, TX 76021 PHONE: 817.281.0572 W W W.CLAYMOOREENG.COM EASEMENT EXHIBIT - PLANI NORTH CITY MCKEEVER (SOUTHEAST CORNER OF NORTH ENCROACHMENT #3 TARRANT PKWY AND NORTH CITY DRIVE, FORTH WORTH, TX 76177) i`'••.. '*:' :••.••••......• ....••••.:* , CLAY CRISTY �:. 109800 • 690 24" RC CROSSI TEXAS REGISTRATION #14199 ENGINEERING 3231 HARDWOOD RD BEDFORD, TX 76021 PHONE: 817.281.0572 W W W. CLAYMOOREENG. COM P 5+00 GRAPHIC SCALE 40 0 1 INCH 1 INCH EXHIBIT - PROFILE ENCROACHMENT #3 6+00 20 40 80 4 FT. (VERTICAL) 40 FT. (HORIZONTAL) NORTH CITY MCKEEVER (SOUTHEAST CORNER OF NORTH TARRANT PKWY AND NORTH CITY DRIVE FORTH WORTH, TX 76177) •� ' OF �� P�•....TFIq�1 *: '* ••••••••••••••••••• ••••••••••••• CLAY CRISTY 109800 ,.!.. ••'fir\�.� EXHIBIT B Certificate of Insurance Tier II Easement Encroachment Agreement Page 13 of 13 Standard FORT WORTH® City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: NTP35, LP Subject of the Agreement: Tier II Easement Encroachment M&C Approved by the Council? * Yes ❑ No II 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 back page 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. 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 *If so, 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 0 No 0 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.