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HomeMy WebLinkAboutContract 45820CITY SECRETARY cowrc NO. 1.4 K' EASEMENT ENCROACHMENT LICENSE AGREEMENT Commercial 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 or its duly designated Assistant City Manager ("City") or Planning and Development Director, and gD.R. Horton 7 TEXAS, LTD. frreinafler referred to as "Licensee", owner of the property located at 5101 Ray White Road, Fort Worth, TX 76244 RECITALS WHEREAS, Licensee is the owner of certain real property described as the Sanctuary Phase I and IJ), an addition to the City of Fort Worth, Tarrant County, Texas as recorded in iCoun Clerks Document No. D213278500 of the Real Property records of . tY p �Y Tarrant County ("Property"); and WHEREAS, the City has a ►50 foot wide sanitary sewer and water utility easement ;(the "Easement") in the property as shown on the Final Plat attached to this Agreement and incorporated herein; and WHEREAS, Licensee desires to construct/place and maintain [ a private storm drainage system and a private gated entry system which will be I subsurface concrete pipe, drop inlets, pilasters, electronic gates and related appurtenances Kthe "Encroachments") and which will encroach onto the City's Easement as shown on the attached survey and only to the extent shown thereon; and WHEREAS, to accommodate the needs of the Licensee, the City will allow these Encroachments 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 the Licensee of the fee set out below and covenants and agreements hereinafter contained, to be kept and performed by the Licensee, hereby grants permission to the Licensee to encroach upon and occupy a portion of the City's Easement as described in and at the location shown on Exhibit "A" for the purpose of 'constructing a private storm drainage syFtenaandprivate _gated entry ?OFICIAL REG 2012 Easement Encroachment Agreement -Commercial CITY SECRET fl ^ MAT R. 1 of system (the "Encroachments"). Upon completion of the Encroachments, Licensee agrees to be responsible for maintaining any and all structures and buildings within and above the Easement. Licensee shall not expand or otherwise cause the Encroachments to further infringe in or on the City's Easement beyond what is specifically described in the exhibit(s) attached hereto. 2. All construction, maintenance and operation in connection with such Encroachments, use and occupancy shall comply and be performed in strict compliance with the Charter, Ordinance and Codes of the City and in accordance with the directions of the Director of the Transportation and Public Works Department, or the Director of the Water Department of City, or his duly authorized representative. Prior to the construction of the Encroachments, Licensee shall submit all plans and specifications to the applicable Director or his duly authorized representative. Licensee shall not commence construction of the Encroachments until such approval shall be indicated in writing by the Director. However, such approval shall not relieve Licensee of responsibility and liability for concept, design and computation in the preparation of such plans and specifications. 3. Licensee agrees that City may enter and utilize the referenced areas at any time for the purpose of installing, repairing, replacing or maintaining improvements to its public facilities or utilities necessary for the health, safety and welfare of the public for any other public purpose. City shall bear no responsibility or liability for any damage or disruption or other adverse consequences resulting from the Encroachment installed by Licensee, but City will make reasonable efforts to minimize such damage. In the event that any installation, reinstallation, relocation or repair of any existing or future utility or improvements owned by, 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 Encroachments and use, Licensee shall pay to City an additional amount equal to such additional cost as reasonably determined by the Director of Transportation and Public 2012 Easement Encroachment Agreement-Commercial Page 2 of 9 Works, or the Director of the Water Department of the City, or his duly authorized representative. 4. In order to defray all costs of inspection and supervision which City has incurred or will incur as a result of the construction, maintenance, inspection or management of the encroachments and uses 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 Two Hundred and Seventy Five Dollars ($275.00). Upon execution,--of-thi-,-Agr m t­a4+d annuu�lly.�t4 eaftef�4,iveffie a��ity-, av,e.agfeed to waive the,fee-in the amomt of$.56 per_squ��J�a�r..f .�f.tl�e. nor�lent..a�rea: 5. The term of this Agreement shall be for thirty (30)years, commencing on the date this Agreement is executed by the City of Fort Worth. Provided however, this Agreement shall terminate upon the non-compliance of any of the terms of this Agreement by the Licensee. City shall notify Licensee of the non-compliance and if not cured within thirty days this Agreement shall be deemed terminated. 6. It is further understood and agreed upon between the parties hereto that the easements to be used and encroached upon as described herein, are held by City as trustee for the public; that City exercises such powers over the easement as have been delegated to it by the Constitution of the State of Texas or by the Legislature; and that City cannot contract away its duty and its legislative power to control the easement for the use and benefit of the public. It is accordingly agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the right of way to be used for any other public purpose, that does not preclude the use of the Encroachment on the Property for a office building or activities related thereto, including but not being limited to underground, surface of overhead communication, drainage, sanitary sewerage, transmission of natural or electricity, or any other public purpose, whether presently contemplated or not, that the parties agree to 2012 Easement Encroachment Agreement-Commercial Page 3 of 9 negotiate in good faith in order to accommodate the Encroachment and the public purpose. 7. 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, ARISING OUT OF OR IN CONNECTION WITH, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID ENCROACHMENTS AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE 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. 8. While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance, naming City as certificate holder, as proof that it 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 the following: $1,000,000 Commercial General Liability 2012 Easement Encroachment Agreement-Commercial Page 4 of 9 with the understanding of and agreement by Licensee that such insurance amounts shall be revised upward at City's option and that Licensee shall so revise such amounts immediately following notice to Grantee of such requirement. Such insurance policy shall provide that it cannot be cancelled or amended without at least ten (10) days prior written notice to the Building Official of the City of Fort Worth. A copy of such Certificate of Insurance is attached as attached as Exhibit `B". Licensee agrees to submit a similar Certificate of Insurance annually to City on the anniversary date of the execution of this Agreement. Licensee agrees, binds and obligates itself, 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 all encroachments and the cleaning and restoration of the city streets. All insurance coverage required herein shall include coverage of all Licensees' contractors. 9. 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 Encroachment on Easement Agreement in its entirety in the deed records of Tarrant County, Texas. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth, Texas. 10. Licensee agrees to comply fully with all applicable federal, state and local laws, statutes, ordinances, codes or regulations in connection with the construction, operation and maintenance of said Encroachment and uses. 11. 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. 2012 Easement Encroachment Agreement-Commercial Page 5 of 9 12. 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. 13. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain and locate the Encroachments over or within the described Easement and is not a conveyance of any right, title or interest in or to the Easement 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 permission before occupying such property. 14. 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 attorney's fees. 15. The parties agree that the duties and obligation contained paragraphs 3 and 4 shall survive the termination of this Agreement. 2012 Easement Encroachment Agreement-Commercial Page 6 of 9 16. Licensee covenants and agrees that it will not assign all or any of its rights, privileges or duties under this contract without the written approval of City, and any attempted assignment without such written approval should be void. 17. 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. 18. This agreement shall be binding upon the parties hereto, their successors and assigns. EXECUTED this 1 day of AlitlA ask' City City of Fort Worth By: Randle Har Director Planning and Development Licensee: D.R. Horton — TEXAS, LTD MiDon Allen • Assistant Secretary, D.R. Horton Inc., a Delaware Corporation` Rest of Page Intentionally Blank 2012 Easement Encroachment Agreement -Commercial Page 7 of 9 ATTEST: ry-vcOL /. fiSt City Secretar y STATE OF 'TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned a Texas, on this day personally appeared roved As To Form and Legality r• jvytU(_c\ Assistant City Attorney ority, o Public in and for t State of o be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she 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 ER . •i AND SEAL OF OFFICE this 20 . CASSANDRA F. FOREMAN Notary Public, Stale of texas My Commission Expires April 26, 2017 day of ry Public in and for the State of Texas Rest of Page Intentionally Blank 2012 Easement Encroachment Agreement -Commercial 0,P i nUML kE©@RD Page 8 of 9 ► L-*;[Iritrii SECRETARY FT. WORTH, TX '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 O on Allen, Assistant Secretary;, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of D.R. Horton Inc., a Delaware Corporation and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFF1ICE this / 9' day of 20 / •I Notary Public in and for the State of Texas Pa��%,,, _ SHAVON L. SANDERSON +�� a ♦! *1 N C. / = *_ IS to :,•fir 4Y MWITIO "*I... I be OA Notary Public STATE OF TEXAS My Comm. Exp. June 21, 2015 • 2012 Easement Encroachment Agreement -Commercial Page 9 of 9 TC 11 LONEPAC�..._._... l l a x , 2 t l III MA L� 9 LINE TABLE >E .._._^ .mm. Line Direction Wance naav„'Y � ra u.^iuH s,,, ®.,. ,� ..„l ya° , l f was S „, • Y.YPm �..mux ^ 6 em em rvr um I „ rvm m 1 yl 4 n n+ " ^ fi 7 n 89, 11W ro 17717. : f l a ^ x l l i " 0..1.? t m w n l I , t ^ Vol, 18 nvestrfient .�. l=sue i t s I � , d.3I a r.,.� m, l o d 0 B 44,191 31"\N q m w x � x „ Y4 eL d'm pry V� m W z , „...m.......«.....W...... ...,......„,.,. .., _._......... ......__._....,.._...........�..,,__„m„.._._ .... .., .. .. I hereby state that this survey was made on the gTouanul of the property iegaafly described heueon, and is to the Kest of my knowledge correct,and that there are no discrepancies,a.„¢srifficts,shomlaages in aairee, boundary line conPWacts„encroactumnents,overlapping of irviproveoinents,easements W KIP, or rights of way,except as shown hereon.Surveyed December 2013. F 91 m i2lST PFE{Kt NY 3kAEY y O T ' ............................................I........ SALE- 1°°"100' CHRi STOPHER t iNNY ORADLIEY w...................................N.».... t t � 5251 tee: Css\ ".3 EXHIBIT SHOWING uR A PRIVATE DRAINAGE EASEMENT, LOCAT D IN THE 111 J.I . HANSBROUGH SURVEY ABSTRACT No. 747, FORT WORTH SURVEYING TARRANT COUNTY, CAA JEST. NO 107 E.COLLEGE AVE, A17WA9A a�ot>x� 1"M®�at�5900 JCS * 2013096 I.:)ATE-, 04-16-14 DRAWNs CEEECE LEDs L I OF 3 tS " " r x ° x x x mr A IL9„ rrrrrrr_rrrr____rrrrrrrarrr r r r r m r_r m r m r r r r r r r m @ r _rrrrrrrrrrrr_rrrm„•._rrrm rrrrr_rrm_r_rr___r � I _ r • r r r..l .1"- 7 f IB l' u u ” " xR utl " u2 uR " um I ° u n u Yb m u x n Ln ' I u I a t i H....,...... , r � n � ....,�,,.,..,,, ".. R l�t �� t Vol. 1 . SALE. 1e° .1..... w. .. ...... ....... D.RmT.. ,° . v a a: R " ° 4 1 , 1 1 PAGE MATCH LIHE° s t t N AGE 1rtA 1 ; r N r1 EXHIBIT�j /''� I}�I Jl u..�J lA I G ...,. PRIVATE I}RA.IA(� I �@ � pPn� x..,.".., IOW% . EASEMENT, LOCATED I 'THE- , - I 1 J.L. HANSBROUGH SURVEY +� ABSTRACT o. 747, 1 FORT WORTH SURVEYING A A 1V T COUNTY, TEXAS H T® NO. 107 E.COLLEGE NNE ALVARADO TEXAS,76009 8 7..790-5900 &JOB * 2013096 GATE»04-16-1 ED: RLH 2 OF 3 LEGAL.DESCRIPTION PRIVATE STOW DRAIN EASEIMEN T Being a 0.763 acre tract oflond situated in the J.L.Hambrough Survey,Abstract No.747.'Tarrant coup,ty,"rexas,and being as poirbuxi of that tract ofiand descAbod in a Deed to AIL Invesirnent,I_P.as recorded in Volume 13588,Page 188,of the Deed irecords of Tairrant County,Texas,and being"W"partie.w1arly described lby metes ailKi hounds as follom: COMMENCING AT A FOUND 505"IRON ROE)WITI I PELOT0114 CAP LOCKFED 0114 THE NORTH RIGHT OF WAY LINE OF RAY WHITE ROAD,AT TIF IF SOUI F IFEAST CORNER OF SAID AIL INVESTMENT'TRACT; THENCE N 59"14'13"W„A DISTANCE OF 254.I 6',r"TO A POIN T„ THE04CE NORTH,A DISTANCE OF 138.35',110 THE POINT OF REG NIMNG OF TF IIS TRACT: THENCE ALONG SAID EASEMENT THE FOLLOWING COARSE AND DISTANCES: THENCE N 89*55'04"E,A DISTANCE OF 10.10% TO A POiN r: THENCE N 44'2619'E,A DIS TANCI:::OF 8 91',110 A POINT; THENCE N 00*41'29'E,A DISTANCE OF 13,82','10 A POI 14 T: THENCE 04 00"01"02"'E,A[)IS TANCE OF 48,44',TO A POINT; THENCE S 89'18'31-E,A DISTANCE OF 456',"170 A PONT; riff::NCE S 89'18'31"E,A DISTANCE OF 506.70',"rO A POINT: THENCE N 00'41'29-E,A DISTANCE OF 2.83',"IrO A POINT; TIHENCE N 100"41"29"EE,A DISTANCE OF 15,99',TO A POINT; THENCE N 45'41'29'E,A DISTANCE OF 5.73"„TO A POINT; THENCEE S 89*18'31-E,A DISTANCE OF 21,32%TO A POINT': THENCE N 44'18'31"W,A DISTANCE OF 1213',TO A POIINT; THENCE S 01'23'51"'1:::,A DISTANCE OF 16.00%TO A POINT'; THENCE N 89'18'31'W,A DISTANCE OF 7.59'„TO A POINT; "HENCE S 89*18'31-E,A DISTANCE OF 57.91',TO A POINT; THENCE N DO'41'29"E,A DISTANCE OF 13.52%TO A POINT; THENCE N 69'22'44'F:,A DISTANCE OF 34,41',TO A POIN'T'; THENCE S 89'18'31-E,A DISTANCE OF 21432',TO A POINT; I'HENCE S 00'33'41"E,A DISTANCE OF 19.34',TO A POINT; THENCE S 00'41'29-W,A DISTANCE OF 10.19%10 A POINT; THENCE S 69'2744-W"A DISTANCE OF 18,10',TO A POINT; THENCE S 44'18'31"E,A DISTANCE OF 9.03',TO A POIWFF; THENCE S 00'33"41°'E,A DlSTANCE OF 63.22%"TO A POINT; THENCE S 89"15'39"E,A DISTANCE OF 64.76%-TO A POiNT, THE:NCE S 45"33°41'"E"A DISTANCE OF 6.55',"f 0 A POINT� THENCE N DW3T41'W,A DISTANCE OF 157.90%-10 A POIWFF: T'HIE NCE N 89`25`1 VIE,A DISTANCE OF 10.19',TO A POIN 1; THENCE S 89'26'19-W,A DISTANCE OF 16.57',10 A POINT; THENCE S 00'33'41"E"A DISTANCE OF 21..32"„1 0 A POINT; THENCE N 00'33'41'W,A DISTANCE OF 2132",110 A PORN'T, I"HENCE S 89'2619"W,A DISTANCE:OF 14.82",TO A POINT, THENCE N 89'26'19"E,A DISTANCE OF 14k.19 "rO A POINT'; THENCE S 00'3341"E,A DISTANCE OF 222.51".'11"0 A POINT; THENCE N 44'26'19"E,A DISTANCE OF 8.20%TO A POINT; THENCE.N 89'2619"P:::"A DISTANCE OF 10.26""'T0 A POINT: THENCE N 00'33'41-W,A DISTANCE OF 92.41',TO A POU4T THENCE S 00*33'411.E,A DISTANCE OF 17-14,TO A POINT, THENCE N 89*18'31"W,A DISTANCE OF 275,87',TO A P01114i THENCE.13 29*26'19"W,A DISTANCE OF 21.69%TO A POINT: THENCE S 00"41"29"W,A DISTANCE OF 1642',-10 A POIINT; THENCE S 00'33'41 E,A DISTANCE OF 7,84",70 A POINT; THENCE N 89'18'31 W,A DISTANCE OF 21,32",TO A PW41`o I"i lENCE S 45'33'41"'E,A DIS rANCF OF 7.35"„'10 A Paw; THENCE N 00*41'29r E,,A DISTANCE OF 13.82%1-0 A P0111147; THENCE 14 89'27"10"E.,A DISTANCE OF 10.1".9","TO A POW'� THENCE S 89'1931'E,A DISTANCE OF 4.56',TO A POINT; THENCE S 00'32'50"E,A DISTANCE OF 2132,"110 A POINT; THENCE N 00°41'29"E,A DISTANCE OF 2,83%TO A P01114 I; THENCE S 89'27'101"W,A DISTANCE OF 15.40',TO A POINT; THENCE N 45*41'29-E,A DISTANCE OF 6,73°"'11"O A POW I� THENCE S 00'33'41"E"A DISTANCE OF 1W21% 10 A POINT: THENCE N 44°15'31"W"A DISTANCE OF 1213',TO A POJIN r; F-IF FENCE S 89-2619"WW,A DISTANCE OF 0.58',"T 0 A POINT; THENCE N 89'18'31"W,,A DISTANCE OF 7,59','11"0 A POINT; THENCE S 00'33'41"E..,A DISTANCE OF 90,66',1K)A POINT THENCE N 00'41'29'E,A DISTANCE OF 13.112",TO A POINT; THENCE S 45"WAVE,A DISTANCE OF 8 20',"Il 0 A POINT: THENCE S 89'1W31'E,A DISTANCE OF 21.32',TO A POINT; THENCE N 89'26'19"IE,A DISTANCE OF 10.19",TO A POINT; THENCE S 00'41'29-W,A DISTANCE OF 10.19""-TO A POINT; TI lENCE S 00'33'41"E,A DISTANCE OF 21.32',11"0 A POINT; THENCE S 44*IW31-E,A DISTANCE OF 8.82%10 A POMT� THENCE S 89"26'19-W,A DISTANCE OF 16.57% TO A POINT THENCE S 89'18'31"E,A DISTANCE OF 27414%TO A POIN-11; THENCE S 001341"E,A DISTANCE OF 170.68%TO A POINT, THENCE N 00°33'41"W,A DISTANCE OF 184,65%TO A POINT; THENCE N 819'15";01"°W A DISTANCE OF 77,96',"TO A POIN T; THENCE S 89'26*19-W,A DISTANCE OF 15.40',T'0 A POINT; THENCE S 00'41'29"W,A DISTANCE OF 16.57',"TO A POINT; THENCE N 00*33'41-W,A DISTANCE OF 21.32',-TO A POINT, .T.I.1ENCIE 14 89'15'31"W,A DISTANCE OF 21,32% 10 THE POINT'OF BEGINNING THENCE N 89'26'19-E,A DISTANCE OF'10.19""TO A POINT; AND CONTAINING 0,753 ACRES OF LANE)MORE OR LES& THENCE N 44'26'19'E,A DISTANCE OF 737',-110 A POINT'o THENCE N 00'33'41"W,A DISTANCE OF 7.55"'11"O A POFNT� THENCE N 30'3341"W,A DISTANCE OF 21691,TO A POINT, F hereby state that this survey was inade on the ground of the 1property legally described hereon, THENCE N 00"33'41'W,A DISTANCE OF 17.34',TO A POIN-11. THENCE N 89'26'19-E,A DISTANCE OF 10.85%TO A POINT, and 6s to the best of my krs�wiedge cofwect,and ftl there are no dIscreparicies,conflicis,shortages ln area, THENCE N 00'33`41-W,A DISTANCE OF 22.26,TO A POINT; boundary iine coirifficts,encroachimenis,ovedapping of Improvements,easements THENCE N 89'20'10'W,A DISTANCE OF 22.51 TO A POIN-I; or rights of way,except as shown hereon Surveyed December 2013. THENCE S 45'41'29-W,A DISTANCE OF 61 V, TO A POINT, THENCE S 00'00'00"E,A DISTANCE OF I I A V,TO A POINT; THENCE N 89*1811'W,A DISTANCE OF 21,38%TO A POIN'T'' THENCE N 00'4179'11E,A DISTANCE OF 115.52'",11"O A POiN r; THENCE.S 89*18'3V i,A DISTANCE OF 7.981", rO k� ­ ... ........ ................. THENCE N 45"41'29"E,A DISTANCE OF 9.90%TO A, THENCE N 44*18'31'W,A DISTANCE OF 9.90',TO A POINT; C H R I S�T 0 FIH R7 NNY BRADLEY RPLS#5251 THENCE N 89'18'31-W,A DISTANCE OF 9.60',TO A FoIN r; THENCE N 00'OVOO"E,A DISTANCE OF 15 82',TO A POINT� THENCE S 89'18'31-E,A DISTANCE OF 21 3r,TO A POINT; THENCE S 00'00'00-E,,A DISTANCE OF 10 25',TO A POINT; Of" THENCE S 44°15'31"E„A DISTANCE OF&06',TO A POINT; THENCE S 89'2010r E,A DISTANCE OF 21k6",TO A POINT; S T THENCE N 00'33'41'W,,A DISTANCE OF 18713",TO A FPOINT; THENCE S 69'26'19"W,A DISTANCE OF 14.82',"rOA POINT; THENCE N 00'33'41'Vi,A DISTANCE OF 21,32',TO A POINT THENCE N 89'26'19'E,A DISTANCE OF 10,19',"TO A POINT: THENCE N 44*26'19'E,A DISTANCE OF 6,55%-110 A POIINT; CHRISTOPHER K114NY BRADLEY THENCE N 00°33'41"W,A DISTANCE OF 63,31%70 A PaN r; .....•. THENCE N 89'18'31`W,A DISTANCE OF 57454',TO A POFNT; THENCE S 45*41'29-W,A DISTANCE OF 8,20',TO A POINT; 5251 THENCE S 00'41'29"W,A DISTANCE OF 10.19",TO A POINT; .4- THENCE N 89'18'31-W,A DISTANCE OF 21,32%TO A POINT'; THENCE NOO*41'29E,ADISTANCE OF 15.99','7`0 A POINT; THENCE N 59°1E4'31'"W,A DISTANCE OF 488.53',TO POINT, SuR THENCE S DO"01'02'W,A DISTANCE OF 34.54%TO A POINT, THENCE S 45'33'41'E,A DISTANCE OF 9,15',TO A POW� THENCE N 59°:x5"04"E,A DISTANCE OF 10,14',TO A POINT, THENCE S 00'04'56'E,A DISTANCE OF 2132%TO A POINT; EXHIBIT' HOWING THENCE S 89'5504"W,A DISTANCE OF 1&82,TO POI OINT: THENCE N 00'0456'W,A DISTANCE OF 9.78%TO A NT� A PRIVATE DRAINAGE THENCE N 45'33'41'W,A DISTANCE OF 10.06%TO A POINT; THENCE S 44'26'19"W,A DISTANCE OF 9.98%TO A POINT'; EASEMENT, THENCE S 00'04'56"E,A DISTANCE OF 9.74',TO A POINT; THENCE N 9n'WC0'W,A DISTANCE OF 15.84%TO A POINT; LEGAL DESCRIPTION THENCE N 04}°00°00"E,A DISTANCE OF 21 3 1",TO A POINT; LOCATED IN THE J,L. HANSBROUGH SURVEY ABSTRACT No. 747, FORT WORTH SURVEYING TARRANT COUNTY, TEXAS SHT. NO 107 E,COLLEGE AVE, ALVARADO TEXAS,760M 3 OF 3 8 17-790-5900 JOB * 2013 ATE' 04-16-141 DRAWN' C E70 0.®ARL H LEGAL DESCRIPTION PRIVATE STORM DRAIN EASEMENT Being a 0.763 acre tract of land situated in the J.L. Hansbrough Survey, Abstract No. 747, Tarrant County, Texas, and being a portion of that tract of land described in a Deed to AIL, Investment, L. P. as recorded in Volume 13588, Page 188, of the Deed records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING AT A FOUND 5/8" IRON ROD WITH PELOTON CAP LOCATED ON THE NORTH RIGHT OF WAY LINE OF RAY WHITE ROAD, AT THE SOUTHEAST CORNER OF' SAID AIL INVESTMENT TRACT; THENCE N 89014 ' 13" W, A DISTANCE OF 254 . 16' , TO A POINT; THENCE NORTH, A DISTANCE OF' 138 . 35' , TO THE POINT OF' BEGINNING OF THIS TRACT; THENCE ALONG SAID EASEMENT THE FOLLOWING COARSE AND DISTANCES: THENCE N 00'41 '29" E, A DISTANCE OF 13082.' ® TO A POINT; THENCE S 89018 '31" E, A DISTANCE OF 4 . 56' , TO A POINT; THENCE N 00°41 '29" E, A DISTANCE OF 2. 83' , TO A POINT; THENCE N 45'41 '29" E, A DISTANCE OF 8 .73' , TO A POINT; THENCE N 44'18 '31" W, A DISTANCE OF' 12.73' ® TO A POINT; THENCE N 89'18 ' 31" W, A DISTANCE OF 7. 69' , TO A POINT; THENCE N 00°41 '29" E, A DISTANCE OF' 13. 82 ' , TO A POINT; THENCE S 89'18 ' 31" E, A DISTANCE OF' 21. 32' , TO A POINT; THENCE S 00041 '29" W, A DISTANCE OF' 10. 19' , TO A POINT; THENCE S 44'18' 31" E, A DISTANCE OF 9. 03' , TO A POINT; THENCE S 89018 '31" E, A DISTANCE OF 64 . 76' , TO A POINT; THENCE N 00°33' 41" W, A DISTANCE OF' 157 . 90' , TO A POINT; THENCE S 89026' 19" W, A DISTANCE OF 16. 57 ' , TO A POINT; THENCE N 00033' 41" W, A DISTANCE OF 21 . 32' , TO A POINT; THENCE N 89026' 19" E, A DISTANCE OF' 10. 19' , TO A POINT; THENCE N 44'26' 19" E, A DISTANCE OF 8 .201 , TO A POINT; THENCE N 00°33' 41" W, A DISTANCE OF' 92. 41 ' , TO A POINT; THENCE N 89o18 '31" W, A DISTANCE OF' 275. 878 , TO A POINT; THENCE S 00'41 '29" W, A DISTANCE OF' 16, 42' , TO A POINT; THENCE N 89018 '31" W, A DISTANCE OF' 21. 321 , TO A POINT; THENCE N 00'41 '29" E, A DISTANCE OF' 13.82 ' , TO A POINT; THENCE S 89018 '31" E, A DISTANCE OF 4 . 56' , TO A POINT; THENCE N 00'41129" E, A DISTANCE OF 2. 83' , TO A POINT; THENCE N 45041 '29" E, A DISTANCE OF' 8 . 73' , TO A POINT; THENCE N 44'18'31" W, A DISTANCE OF' 12.73' , TO A POINT; THENCE N 89'18 ' 31" W, A DISTANCE OF 7 . 69' , TO A POINT; THENCE N 00041129" E, A DISTANCE 01' 13.82' ® TO A POINT; THENCE S 89'18 '31" E, A DISTANCE OF' 21. 32 ' , TO A POINT; THENCE S 00041 '29" W, A DISTANCE OF 10 . 19' , TO A POINT; THENCE S 44'18 ' 31" E, A DISTANCE OF 8 . 82' , TO A POINT; THENCE S 89018 '31" E, A DISTANCE OF 274 .74 ' , TO A POINT; THENCE N 00'33' 41" W, A DISTANCE OF 184 . 65' , TO A POINT; THENCE S 89026' 19" W, A DISTANCE OF' 15, 40' , TO A POINT; THENCE N 00'33'41" W, A DISTANCE OF' 21 .32' , TO A POINT; THENCE N 89'26' 19" E, A DISTANCE OF 10. 19' , TO A POINT; THENCE N 44026' 19" E, A DISTANCE OF' 7 . 378 , TO A POINT; THENCE N 00°33'41" W, A DISTANCE OF' 7 . 85' , TO A POINT; THENCE N 30'3314111 W, A DISTANCE OF 21. 69 , TO A POINT; THENCE N 00°33' 41" W, A DISTANCE OF 1-1 . 34 ' , TO A POINT; THENCE N 89°26' 19'® E, A DISTANCE OF 10.85' , TO A POINT; THENCE N 00°33'41°° W, A DISTANCE OF 22.26' , TO A POINT; THENCE N 89°20' 10°" W, A DISTANCE OF 22. 54 ' , TO A POINT; THENCE S 45 041 '29°' W, A DISTANCE OF 6. 71' , TO A POINT; THENCE S 00°00' 00" E, A DISTANCE OF 11. 81 ' , TO A POINT; THENCE N 89 018 ' 31'° W, A DISTANCE OF 21 .38 ' , TO A POINT; THENCE N 00 041 '29" E, A DISTANCE OE' 15,82 ' , TO A POINT; THENCE S 89 018 ' 31" E, A DISTANCE OF -7 , 98 ' , TO A POINT; THENCE N 45°41 '29"° E, A DISTANCE OF 9, 90' , TO A POINT; THENCE N 44 °18 '31" W, A DISTANCE OF 9. 90' , TO A POINT; THENCE N 89 018 ' 31" W, A DISTANCE OF 9. 60° , TO A POINT; THENCE N 00 000'00" E, A DISTANCE OF 15.82 ' , TO A POINT; THENCE S 89°18 '31" E, A DISTANCE OF 21 . 37 ' , TO A POINT; THENCE S 00 000'00°" E, A DISTANCE OF 10,25' , TO A POINT; THENCE S 44°18 ' 31" E, A DISTANCE OF 8 . 96' , TO A POINT; THENCE S 89°20' 10" E, A DISTANCE OF 21. 66' , TO A POINT; THENCE N 00°33°41" W, A DISTANCE OF 187„ 73' , TO A POINT; THENCE S 89 026' 19” W, A DISTANCE OF 14 . 82 ' , TO A POINT; THENCE N 00 033' 41°° W, A DISTANCE OF 21. 32` , TO A POINT; THENCE N 89 026' 19" E, A DISTANCE OF 10. 19` , TO A POINT; THENCE N 44°26' 19" E, A DISTANCE OF 6. 55' , TO A POINT; THENCE N 00°33'41" W, A DISTANCE OF 63. 31 ' , TO A POINT; THENCE N 89 018' 31" W, A DISTANCE OF 57 , 54 ' , TO A POINT; THENCE S 45 041'29" W, A DISTANCE OF 8 .20' , TO A POINT; THENCE S 00°41 '29" W, A DISTANCE OF 10. 19' , TO A POINT; THENCE N 89 018 '31°" W, A DISTANCE OF 21 , 32 ' , TO A POINT; THENCE N 00°41' 29®° E, A DISTANCE OF 15. 99' , TO A POINT; THENCE N 89 018 '31" W, A DISTANCE OF 488 . 53' , TO A POINT; THENCE S 00°01 '02" W, A DISTANCE OF 34 . 54 ' , TO A POINT; THENCE S 45 033' 41" E, A DISTANCE OF 9. 15 ` , TO A POINT; THENCE N 89 055'04" E, A DISTANCE OF 10. 14 ' , TO A POINT; THENCE S 00 004 '56" E, A DISTANCE OF 21 . 32 ` , TO A POINT; THENCE S 89 055' 04" W, A DISTANCE OF 15. 82 ` , TO A POINT; THENCE N 00 004 '56" W, A DISTANCE OF 9. 78 ` , TO A POINT; THENCE N 45 033' 41'° W, A DISTANCE OF 10.06' , TO A POINT; THENCE S 44°26' 19" W, A DISTANCE OF 9. 98 ` , TO A POINT; THENCE S 00°04 '56" E, A DISTANCE OF 9. 74 ' , TO A POINT; THENCE N 90°00 100" W, A DISTANCE OF 15° 84 ' , TO A POINT; THENCE N 00 000' 00" E, A DISTANCE OF 21.311 , TO A POINT; THENCE N 89 055'04" E, A DISTANCE OF 10, 10' , TO A POINT; THENCE N 44°26' 19" E, A DISTANCE OF 8. 91 ' , TO A POINT; THENCE N 00 001 102" E, A DISTANCE OF 48. 44 ' , TO A POINT; THENCE S 89 018131" E, A DISTANCE OF 506.70' , TO A POINT; THENCE N 00°41 '29" E, A DISTANCE OF 15. 99' , TO A POINT; THENCE S 89 018 '31" E, A DISTANCE OF 21 . 32 ' , TO A POINT; THENCE S 01 023 151" E, A DISTANCE OF 16, 001 , TO A POINT; THENCE S 89 018' 31°° E, A DISTANCE OF 57 . 91' , TO A POINT; THENCE N 69 022' 44" E, A DISTANCE OF 34 . 41 ` , TO A POINT; THENCE S 00°33'41" E, A DISTANCE OE' 19. 34 ' , TO A POINT; THENCE S 69 022' 44" W, A DISTANCE OF 18 . 10' , TO A POINT; THENCE S 00°33'41" E, A DISTANCE OF 63 ,22' , TO A POINT; THENCE S 45 033 ' 41" E, A DISTANCE OF 6. 55 ' , TO A POINT; THENCE N 89°26' 19" E, A DISTANCE OE' 10. 19' , TO A POINT; THENCE S 00 033841" E, A DISTANCE OF 21. 321 , TO A POINT; THENCE S 89 026 11908 W, A DISTANCE OF 14 .821 , TO A POINT; THENCE S 00°33'41" E, A DISTANCE OF 222. 51 ' , TO A POINT; THENCE N 89'26' 19- E, A DISTANCE OF 10.26' , TO A POINT; THENCE S 00033' 41" E, A DISTANCE OF 17.34 ' , TO A POINT; THENCE S 29°26' 19" W, A DISTANCE OF 21 . 69' , TG A POINT; THENCE S 00'33'41" E A DISTANCE OF 7.84 ' , TO A POINT; THENCE S 45°33'41'° E A DISTANCE OF 7 .38 ' , TO A POINT; THENCE N 89°27 '10" E, A DISTANCE OF lKlY , TO A POINT; THENCE S 00'32 '50" E, A DISTANCE OF 21 . 32 ' , TO A POINT; THENCE S 89'27 ' 10" W, A DISTANCE OF 15, 40 ' , TO A POINT; THENCE S 00033' 41" E, A DISTANCE OF 199.21 ' , TO A POINT; THENCE S 89026' 19" W, A DISTANCE OF 0. 58 ' , TO A POINT; THENCE S 00°33' 41" E, A DISTANCE OF 90. 66' , TO A POINT; THENCE S 45°33' 41" E, A DISTANCE OF 8. 20 ' , TO A POINT; THENCE N 89°26819" E, A DISTANCE OF 10. 19' , TO A POINT; THENCE S 00033' 41" E, A DISTANCE OF 21 .32' , TO A POINT; THENCE S 89'26' 19" W, A DISTANCE OF 16. 57 ' , TO A POINT; THENCE S 00033' 41" E, A DISTANCE OF 110. 68 ' , TO A POINT; THENCE N 89'18 '31" W, A DISTANCE OF 77. 96' , TO A POINT; THENCE S 00041' 29" W, A DISTANCE OF !V57 , TO A POINT; THENCE N 89'18 ' 31" W, A DISTANCE OF 21 . 32 ' , TO THE POINT OF BEGINNING AND CONTAINING 0.763 ACRES OF LAND MORE OR nESS. - ISTW. 7u, CHRISTOPHER KBRADLEY -------------- 5251 SUS c I I A C)ate: Al -1 f LEGAL DESCRIPTION GATED ENTRYWAY ENCROACHMENT EASEMENT Being a 0.007 acre tract of land situated in the J.L. Hansbrough Survey, Abstract No. 747, Tarrant County, Texas, and being a portion of that tract of land described in a Deed to AIL Investment, L.P. as recorded in Volume 13588, Page 188, of the Deed records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING AT A FOUND 5/8" IRON ROD LOCATED ON THE NORTH RIGHT OF WAY LINE OF RAY WHITE ROAD, AT THE SOUTHWEST CORNER OF SAID AIL INVESTMENT TRACT; THENCE S 89014 ' 13" E, ALONG SAID NORTH RIGHT OF' WAY LINE OF' RAY WHITE ROAD A DISTANCE OF 467 . 92' , TO A POINT; THENCE N 00041 '29" E, A DISTANCE OF 111. 95 ' , TO THE POINT OF BEGINNING OF THIS TRACT OF LAND; THENCE N 00041'29" E, A DISTANCE OF 20. 00' , TO A POINT; THENCE S 89'20 '26" Ef A DISTANCE OF 15.00' , TO A POINT; THENCE S 00'41 '29" W1 A DISTANCE OF 20.00' , TO A POINT; THENCE N 89020 '26" W, A DISTANCE OF 15.00' , -10 THE POIN'F OF BEGINNING AND CONTAING 0.007 ACRES OF LAND MORE OR LESS. ��°Q�`�i'S T�q°�0�J` CHRISTOPHER Ks BRADLEY op------------- 5251 SS\ O SURF k. a Date: