HomeMy WebLinkAboutContract 53843 Apr 27, 2020 CSC No. 53843
2:40 PM
EASEMENT ENCROACHMENT LICENSE AGREEMENT
Commercial
THIS AGREEMENT is made and entered into by and between THE, CITY OF
PORT WORTH,a home rule municipal corporation of Tarrant County,Texas ("City"),
acting by and through its duly authorized City Manager, Assistant City Manager, or
Development Services Director, and Churchill at Golden Triangle Community, L.P., a
Texas limited partnership ("Licensee'), owner of the real property located at 11432
Churchill Park Way, Fort Worth, Texas 76177 ("Property"), acting by and through its
duly authorized General Partner,
RECITALS
WHEREAS, Licensee is the owner of certain real property situated in the City of
Fort Worth, Tarrant County, Texas, more particularly described in the attached Legal
Description of the Property, attached as "Exhibit C" and incorporated herein for all
purposes;and
WHEREAS, the City has a water easement(the "Easement") in the Property as
shown on the map attached to this Agreement as"Exhibit A,"which is incorporated herein
for all purposes;and
WHEREAS, Licensee desires to construct, place, and/or maintain certain
improvements which will encroach in,on,above,or below the City's Easement;and
WHEREAS,to accommodate the needs of the Licensee,the City will allow the
encroachment under the terms and conditions as set forth in this Agreement.
NOW,THEREFORE,the City and Licensee agree as follows:
AGREEMENT
1.
The City, in consideration of the payment by the 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 Easement as described in and at the location shown on Exhibit A,but
only to the extent shown thereon, for the purpose of Construction of proposed private
storm inlets, storm drain pipes, driveway crossing, and fence crossing. (the
"Encroachment"). Upon completion of the Encroachment, Licensee agrees to be
responsible for maintaining the Encroachment within the Easement. Licensee shall not
expand or otherwise cause the Encroachment to further infringe in or on City's Easement
beyond what is specifically described in the exhibit(s)attached hereto.
Easement Encroacliment Agreement-Commercial Page I of 12
Revise
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
2.
All construction,maintenance,or operation in connection with such Encroachment,
use, and occupancy shall comply and be performed in strict compliance with this
Agreement and with the Charter, Ordinances, 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, or their duly authorized representative. Prior to the
construction of the Encroachment,Licensee shall submit all plans and specifications to the
applicable Director or duly authorized representative. Licensee shall not commence
construction of the Encroachment until such approval shall be indicated in writing by the
applicable Director or authorized representative. 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,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, use,and
occupancy, including securing the approval and consent of the appropriate utility
companies and agencies of the State 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,Licensee shall pay to the City an additional amount equal to such
additional cost as reasonably determined by the Director of Transportation and Public
Works or the Director of the Water Department,or their duly authorized representative.
4.
Licensee agrees that the 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, or for any
other public purpose. The City shall bear no responsibility or liability for any damage or
disruption or other adverse consequences resulting from the Encroachment installed by
Licensee, but the City will 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 Easement to a condition
acceptable to the Director of Transportation and Public Works or the Director of the
Water Department, or their duly authorized representative,in accordance with then-
existing City specifications. It is understood and agreed to by Licensee that if this
Agreement terminates and Licensee fails to remove the Encroachment as directed and
restore the Easement,Licensee hereby gives the City permission to remove the
Easement Encroachment Agreement-Commercial Page 2 of 12
Revised 112020
Encroachment and any supporting structures and assess a lien on the Property for the
costs expended by the City in taking such actions.
5.
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
encroachments and uses provided for by this Agreement, Licensee agrees to pay to City at
the time this Agreement is requested an application fee of in the sum of Five Hundred
Dollars($500.00).
7.
The term of this Agreement shall be for thirty(30)years,commencing on the date
this Agreement is executed by the City. However,this Agreement may be terminated upon
Licensee's noncompliance with any of the terms of this Agreement. City shall notify
Licensee in writing of any noncompliance and if not cured within thirty (30) days, this
Agreement shall be deemed terminated, unless such noncompliance is not susceptible to
cure within thirty (30) days, in which case this Agreement shall be deemed terminated in
the event that Licensee fails to commence and take such reasonable steps as are necessary
to remedy the noncompliance within thirty (30) days after written notice specifying the
same, or having so commenced, thereafter fails to proceed diligently and with continuity
to remedy same.
8.
It is further understood and agreed between the parties hereto that the Easement to
be used and encroached upon is 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 Texas 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 Easement to be used
for any other public purpose that does not preclude the use of the Encroachment on the
Property, 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 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
Easement Encroachment Agreement-Commercial Page 3 of 12
Revised 1/2020
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 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 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
$1,000,000
with the understanding and agreement by Licensee that such insurance amounts may be
revised upward at City's option and that Licensee shall so revise such amounts immediately
following notice to Licensee of such requirement. Such insurance policy shall not be
canceled or amended without at least thirty (30)days prior written notice to the Building
Official of the City. A copy of such Certificate of Insurance is attached as "Exhibit B"
and incorporated herein for all purposes. Licensee agrees to submit a similar Certificate of
Insurance annually to the City on the anniversary date of the execution of this Agreement.
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 the cleaning and restoration
of the Easement. 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
Easement Encroachment Agreement-Commercial Page 4 of 12
Revised 1/2020
real property records of Tarrant County,Texas. 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 constriction,operation,
and maintenance of the Encroachment and uses.
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
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 permissions before occupying
such property.
16.
In any action brought by the City for the enforcement of the obligations of the
Licensee,the 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.
Easement Encroachment Agreement-Commercial Page 5 of 12
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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.
Any cause of action for breach of this Agreement shall be brought in Tarrant
County, Texas. This Agreement shall be governed by the laws of the State of Texas.
20.
This Agreement shall be binding upon the parties hereto and their successors and
assigns.
21.
This Agreement may be executed in multiple counterparts,each of which shall be
considered an original, but all of which shall constitute one instillment.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Easement Encroachment Agreement-Commercial Page 6 of 12
Revised 1/2020
3
City:
CITY OF FORT WORTH
By: s,��
DJ Harrell,Interim Director
Development Services Department
Date: Apr 22,2020
Licensee:
CHURCHILL AT GOLDEN TRIANGLE COMMUNITY,L.P,
a Texas limited partnership
By: Churchill Golden Triangle Community GP,LLC,
a Texas limited liability company,its General Partner
By: LifeNet Community Behavioral Healthcare,
a Texas nouprofit orporation,its Sole Member
I
3
By:
l 'Gj ry K ep,President
I
Date: 2a2P
ATTEST: Approved As To Form and Legality
AD1-AM?Id� C70`llGl�2J Ajnt—t
'for Ronald P t',nvatec(Apr 27,2020) ... Matt MurrayA r 22 202
City Secretary - " V:0 I Matthew A.Murray
N'� Assistant City Attorney
is U' Contract Compliance Manager:
'•. * By signing I acknowledge that I am the person
responsible for the monitoninb and administration
i��� rof)ms co ct, ncl ng en tring all performance
and of ing requirements.
Janie S.Morales
Development Manage
Easement Encroachmcat Agrcemcnt-Commercial P , �--
Rev a OF 12020
FICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
MM 11 US MET"of
t - 1 It
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, Development Interim Director,
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 thk 27 day of
April 20 20
LAURIE Digitally signed by LAURIE
PEQUENO LEWIS LAURIE PEQUENO LEWIS
PEQUENO LEWIS Date:zozo.oa.z7oe:orss-os-oo- �p,(�2Y PUS
Notary Public in and for the State Tc ,t . 2 �n Notary Public
of
* * STATE OF TEXAS
N� q Notary I.D. 132278952
After recording return to: 0 My Comm. Exp. Dec. 10, 2023
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
Ot: .,,oAL RECORD'
CITY SECRETARY
ET. WORTH,TX
Easement Encroachment Agreement-Commercial Page 8 of 12
Revised 1/2020
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OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
EXHIBIT A
Map of Easement and Encroachment
Easement Encroachment Agreement-Commercial Page 10 of 12
Revised 1/2020
I
NORTH
0 50 100 LOT 4,BLOCK 2 -__--
MORIAH AT '
TIMBERLAND ADDITION
GRAPHIC SCALE IN FEET I INSTRUMENT NO.
I D217204252,
KEY MAP o.P.R.T.c.T. o
219.743 SQ.FT. I
5.045 ACRES
4y
I _
TRACT"2 TRACT 1 (�
-�
s 0.0117 ACRES
TRACT 3 I 0,0244 ACRES 510 SQ.FT.
0.0055 ACRES 1065 SQ.FT. �C ' I
240 SQ.FT. EX.10'WATER LINE �I
O I
LOVEJOY DRIVE m — m
0
0 0 Z s
:; Z Z .,.
15 WATER EASEMENT
INSTRUMENT NO. .,
- D217204252, ..-
. O.P.R.T.C.T, ....
ENCROACHMENT
AGREEMENT AREA
LOT 4, BLOCK 2
MORIAH AT TIMBERLAND ADDITION
CITY OF FORT WORTH,
TARRANT COUNTY TEXAS
Kimley* Horn
13455 Noel Road,Tym Galled.OKce Tel.No.(972)770-1300
Tower,Suite 700,Dallas,Texas 75240 FIRM 6 10115500 Fax No.(972)239-3820
Scale I Dram by I Checked by Date Proiecl No. Sheet No.
1"=100' NJA TCF MAR.2020 1 063690035 1 1
FREED,TORY 3/18120209:44 AM K:IDAL_CIVIL106 38 900 35-CHURCHILL-GOLDEN-TRIANGLEk4 DESIGNICADIEXHIBITS120200304-ENCROACHMENT AGREEMENT12020D304-CHURCHILL
GOLDEN TRIANGLE-ENCROAHMENT AGREEMENT KEY MAP.D'NG
i
HORIZONTAL SCALE: 1"=50'
VERTICAL SCALE: 1"=5'
805 805
I I
I
800 L... 800
A�C Dew: I
r IT_E_FENCE t \! _
I ( = I FI ISH GRADE
795 — --I I I 795
EI APPR A�
I AT 1 LET I_ ISTING GRADE
I ? RO OSE 5'CURB
INLE (3.5' IIN.
--
A 790 ( I WATdR MA )790
�[STA:1+85.43
24'STORM CROSSING
i — FL:788.04 4
j z XISTID G-WA ER PIPE G
i 785 _ 785
f 1 LINE PER
1- I CITY 0 FOR WORTH
STAND RDD TAILS
I I I I
780 I I 780
I Qimo r�
--AnEA— --
iI ' L775
775
1+60 2+00 2+25
SECTION 1 -TRACT 'I
ENCROACHMENT
AGREEMENT AREA
I.
ji
i
I
I
II ENCROACHMENT KinilepoHornAGREEMENT AREA
13455-Noel Road,Tvro Gallaria Office Tel.No.(972)770-1300
Tourer,Suite 700,Dallas,Texas 75240 FIRM#101155M Fax No.(972)239-3820
PROFILESscale Drawn by I Checked by I Date Proiecl No. Sheel No.
V=50'H,5V NJA TCF MAR.2020 083890035 1
FREED,TORY3/1820209:45AMK9DAL CIVILID63890035-CHURCHILL-GOLDEN-TRIANGLEI4 DESIGMCAOXEXHIBITS120200304-ENCROACHMENTAGREEMENTl20200304-CHURCHILL
GOLDEN TRIANGLE-ENCROAHMENT AGREEMENT KEY MAP.DWG
I
! i
I
i
HORIZONTAL SCALE: 1"=50'
VERTICAL SCALE:
805 805
I I
800
800
I !
I EXISTING GRADE
FINISH GRADE
795 I RIVEWAY IS 795
I - -OF 3,500 PSI PCC PAVE.ENT
I WITH k3 BARS ON 1 "O.0 .W.
OF SCARIFIED SUbGR DE
_WITH 7,6 IN.HYDR_ T_ED LIME `
790
XISTIN6 WATER PIPEY 790
STA:3+83.73
785 18-STORM CROSSING
FL:787.51 785
e
_ ILOWER WATER LINEPE
CITY OF FORT WORTH
-- - STANDARD DETAILS
I
780 -- -1 780
AClLV
7ACHU10E -
FNCRCE4T.lREA 1
1
775 -
775
3+10 4+00
SECTION 2 -TRACT 2
ENCROACHMENT
AGREEMENT AREA
ENCROACHMENT K,innlL77524oFIRM>>>H a TeLrAGREEMENTAREA Galled
PROFILES llas,Texas S 10115500 Fax No.(972)239.3820
vm by Dale Proieet No. Sheet No.
FREED,TORY 3/18/202D 9:45 AM K:UAL GIVILVM890035-CHURCHILL-GOLDEN-TRIANGLEI4 DESIGNICADIEXHIBITS120200304- MAR.2020 063890035 2
GOLDEN TRIANGLE-ENCROAHMENT AGREEMENT KEY MAP.DWG — ENCROACHMENT AGREEMENT120200304-CHURCHILL
i
HORIZONTAL SCALE: V=50'
VERTICAL SCALE: 1"=5'
805 805
i I
aoo 800
I
� I I
PPR X.GRADE {�
TINL T
FINISH RADF
I l
795 795
XIST NG GRADE
ROP SED 5'CURB INLET j
'MIN OFFSET FROM
ATE MAIN)
790 790
W WATHt f
� -- - ISTING WATER PIPE I
I I
785 I I 785
s
780 ( I 780
too."
MEA
775 775
i
i
3+854+00 4+30
I
SECTION 3 -TRACT 3
ENCROACHMENT
AGREEMENT AREA
ENCROACHMENT Kinnley))) Horn
AGREEMENT AREA 13455 Noel Road,Two Galloda Office Tel,No.(972)770-1300
Tower,Suite 700.Dallas,Texas 75240 FIRM#10116500 Fax No.(972)239-3820
PROFILES Scale Ora"b1f I Checked by I Dale Pmlect No. Sheet No.
V=50'H,5'V NJA TCF MAR.2020 063090035 3
FREED,TORY 3/18QG20 9:45 AM K1DAL CIVIL1063890035-CHURCHILL-GOLDEN-TRIANGLEl4_DESIGNlCAD1EXHIBITSV20200304-ENCROACHMENT AGREEMENT120200304-CHURCHILL
GOLDEN TRIANGLE-ENCROAHMENT AGREEMENT KEY MAP.DWG
EXHIBIT B
Certificate of Insurance
Easement Encroachment Agreement-Commercial
Page 11 of 12
Revised 1/2020
EXHIBIT C
Metes and Bounds or Location Description of the Property
BLOCK2,LOT 4 BEING 5.287 ACRES SITUATED IN THE WILLIAM MCCOWEN
SURVEY,ABSTRACT NO. 999.TARRANT COUNTY, TEXAS
Easement Encroachment Agreement-Commercial
Page 12 of 12
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EXHIBIT"A"
ENCROACHMENT AGREEMENT AREA
PART OF LOT 4,BLOCK 2
MORIAH AT TIMBERLAND ADDITION
CITY OF FORT WORTH,TARRANT COUNTY,TEXAS
TRACT 1
Being a 510 square foot tract of land, situated in the City of Fort Worth, Tarrant County, Texas,
and being a part of Lot 4, Block 2, of MORIAH AT TIMBERLAND ADDITION, an addition to the City
of Fort Worth, as recorded under Instrument No. D217204252, of the Official Public Records,
Tarrant County, Texas (O.P.R.T,C.T.), said tract being more particularly described as follows:
COMMENCING at an "X" cut in concrete found for the southeasterly corner of said Lot 4, some
being an inner "ell" corner of Lot 5, Block 2, of said addition;
THENCE North 50'05'06" East, over and across said Lot 4, a distance of 61,44' to the POINT OF
BEGINNING of the herein described tract;
THENCE continuing over and across said Lot 4, the following courses and distances:
South 89'22'38" West, a distance of 34.00' to a point for corner;
North 00'37'22" West, a distance of 15.00' to a point for corner;
North 89'22'38" East, a distance of 34.00' to a point for corner;
South 00'37'22" East, a distance of 15.00' to the POINT OF BEGINNING and containing 510
square feet or 0.012 acres of land, more or less.
**Bearings are based on the herein described subject plat**
TABLE
NL7FNOO'37'22"
aring Distance
'3722"W 15.00'
'2238"E 16.00'
'3722"E 15.00'
22'38W 16.00'
37'22"W 15,00'
37'22"E 15.00'
7'22"W 15.00'
37'22"E 15.00'
ABBREVIATIONS
I.R.F. = Iron Rod Found E OF
(C.M.) = Controlling Monument
rn
C.I.R.F. = Capped Iron Rod Found MICHAEL B. ARTHUR
�... ...»5686...»�/Q'
M.R.T.C.T. = Map Records, Tarrant County, Texas �r0
D.R.T.C,T. = Deed Records, Tarrant County, Texas 9�j ��$SS1� '"�
SUR
O.P.R.T.C.T. = Official Public Records, Tarrant County, Texas
DATE: 03/10/2020 ENCROACHIIIENT
SHEET NO.: 1 OF 4 AGREEN BNTAREA North Texas Surveying, L.L.C.
PART OF LOT 4,BLOCK 2 (Mph.
Registered Professional Land Surveyors
SCALE: 1" = 50' MORL4HAT 1010 West University Drive
CHK'D. BY: M.B.A. TAMERLAND ADDMON McKinney, Tx. 75069
CITY OF FORT WORTH, (469) 424-2074 Fax: (469) 424-1997
TARRANT COUNTY TEXAS www.northtexassurveying.com
JOB NO.: 2016-0011 Firm Registration No. 10074200
EXHIBIT"A"
ENCROACHMENT AGREEMENT AREA
PART OF LOT 4,BLOCK 2
MORIAH AT TIMBERLAND ADDITION
CITY OF FORT WORTH,TARRANT COUNTY,TEXAS
TRACT 2
Being a 1,065 square foot tract of land, situated in the City of Fort Worth, Tarrant County, Texas,
and being a part of Lot 4, Block 2, of MORIAH AT TIMBERLAND ADDITION, an addition to the City
of Fort Worth, as recorded under Instrument No. D217204252, of the Official Public Records,
Tarrant County, Texas (O.P.R.T.C.T.), said tract being more particularly described as follows:
COMMENCING at an "X" cut in concrete found for the southwesterly corner of said Lot 4, same
being in the northerly line of Lot 5, Black 1, of MORIAH AT TIMBERLAND ADDITION, an addition to
the City of Fort Worth, as recorded under Instrument No. D214147564, O.P.R.T.C.T., said corner also
being the southeasterly corner of Lot 13, Block 1, of MORIAH AT TIMBERLAND ADDITION, an
addition to the City of Fort Worth, as recorded under Instrument No. D214178004, O.P.R.T,C.T,;
THENCE South 89'21'43" West, along the common line between said Lot 4 and Lot 5, a distance
of 163.22' to a point for corner;
THENCE North 00'38'17" West, over and across said Lot 4, a distance of 39.98' to the POINT OF
BEGINNING of the herein described tract;
THENCE continuing over and across said Lot 4, the following courses and distances:
South 89'22'38" West, a distance of 71.00' to a point for corner;
North 00'37'22" West, a distance of 15.00' to a point for corner;
North 89'22'38" East, a distance of 71.00' to a point for corner;
South 00'37'22" East, a distance of 15.00' to the POINT OF BEGINNING and containing 1,065
square feet or 0.024 acres of land, more or less.
**Bearings are based on the herein described subject plot*
ABBREVIATIONS
I.R.F, = Iron Rod Found
rT�(C.M.) = Controlling MonumentID
�c� 9ff rACJI R.F. = Capped Iron Rod Found " " •••. ARTHURM.R.T.C.T. = Map Records, Tarrant County, Texas6".�tii ..D.R.T.C.T. = Deed Records, Tarrant County, TexasI0'' :� 'UR��
O.P.R.T.C.T. = Official Public Records, Tarrant County, Texas
03/10/2020 ENCROACHN ENT
2 OF 4 AGREEMENTAREA North Texas Surveying, L.L.C.
PART OF LOT 4,BLOCK.2 Sph.
Registered Professional Land Surveyors
1" = 50' MORIAHAT 1010 West University Drive
M.B.A. TRYIBERLAND ADDITION McKinney, Tx. 75069
CITY OF FORT WORTH, (469) 424-2074 Fax: (469) 424-1997
DIN 2016-0011 TARRANT COUNTY,TEXAS www.northtexassurveying.corn
Firm Registration No. 10074200
EXHIBIT"A"
ENCROACHMENT AGREEMENT AREA
PART OF LOT 4, BLOCK 2
MORIAH AT TIMBERLAND ADDITION
CITY OF FORT WORTH,TARRANT COUNTY,TEXAS
TRACT 3
Being a 240 square foot tract of land, situated in the City of Fort Worth, Tarrant County, Texas,
and being a part of Lot 4, Block 2, of MORIAH AT TIMBERLAND ADDITION, an addition to the City
cords,
of Fort Worth, as recorded under Instrument No. D217204252, of the Official Public Re
Tarrant County, Texas (O.P.R.T.C.T.), said tract being more particularly described as follows:
COMMENCING at an "X" cut in concrete found for the southwesterly corner of said Lot 4, some
being in the northerly line of Lot 5, Block 1, of MORIAH AT TIMBERLAND ADDITION, an addition to
the City of Fort Worth, as recorded under Instrument No. D214147564, O.P.R.T.C.T., said corner also
being the southeasterly corner of Lot 13, Block 1, of MORIAH AT TIMBERLAND ADDITION, an
I
addition to the City of Fort Worth, as recorded under Instrument No. D214178004, 0,P.R.T.C.T.;
THENCE North 57'15'58" West, over and across said Lot 4, a distance of 75.30' to the POINT OF
BEGINNING of the herein described tract;
THENCE continuing over and across said Lot 4, the following courses and distances:
South 89'22'38" West, a distance of 16.00' to a point for corner;
North 00'37'22" West, a distance of 15.00' to a point for corner;
North 89'22'38" East, a distance of 16.00' to a point for corner;
South 00'37'22" East, a distance of 15.00' to the POINT OF BEGINNING and containing 240
square feet or 0.006 acres of land, more or less.
**Bearings are based on the herein described subject plot**
ABBREVIATIONS
I.R.F. = Iron Rod Found
(C.M.) = Controlling Monument 1Sr� ���
CJ.R.F. — Capped Iron Rod Found
MICHAEL..B, ARTHUR
M.R.T.C.T. = Map Records, Tarrant County, Texas " " """""'"""".....
i� 5686
D.R.T.C.T. = Deed Records, Tarrant County, Texas ~'�`��ESS1
O.P.R.T.C.T. = Official Public Records, Tarrant County, Texas r
DATE: 03/10/2020 ENCROACIMENT
SHEET NO.: 3 OF 4 AOREEMEI`ITAREA North Texas Surveying,L.L.C.
PART OF LOT 4,BLOCK 2 Sph.
Registered Professional Land Surveyors
SCALE: 1" = 50' MORIAHAT
TIM13BRLANDADD 1010 West University Drive
CHK'D, BY: M.B.A. 1TION McKinney, Tx. 75069
CITY OF FORT WORTH, (469) 424-2074 Fax: (469) 424-1997
JOB NO.: 2016-0011 TARRANT COUNTY,TEXAS veiny.north texassurveying.com
Firm Registration No. 10074200
I GRAPHIC SCALE EXHIBIT'B"
50
0 50 I
f I
I
1 inch = 50 ft. I
' I I
I ;
(
i I
I LOT 4,BLOCK a
MORIAH AT I' _
TIMBERLAND ADDITION
INSTRUMENT NO. I, 'A'FND.
+ D217204252,
1 I O.P.R.T.C.T. T FND. T
a (C.M.]
I - Z I
f I Ia
;I 10•HDPE CUB N69°22'3$"E
f I STORM INLET 34.001 1S�M I
L2
L — L5 N$9°22'38"E 74.00' _ LB cuRe V WOODEN cn
POINT OFINLET-, /-FENCE
- —
m uRn/EwAY' -
BEGINNING CROSSING - POINTOF
Trail 3 — S89°22'38'W 71.00' - BEGIINN�NIING — —— ,. -� o
L4
POINT OFT• 'ly
34,00' BEGINNING
_ -S00°38'1TE 39.98' Traci 1
c.m') S89FND. °21'43"W 163.22' - - - - - 889021'43"W 191.71' - - W FND.
POINT OF
COMMENCING
Tracts 2 and 3 POINT OF
I COMMENCING
LOT 6,BLOCK 1 I Tract 1
MORLH AT
Background parking, drive isles, TIMBERLANDADOMON T6
water and storm INMUMENTNO. I T6BLOC
Pipes shown LOT BLOCK2 D214147664, I MORLAHAT
hereon are proposed and shown O.P.R.T.C.T. 'TIMBERLAND DDI710N
for informational purposes only. I INMUMENT No.
D21720426Z
O.PALT.C.T.
DATE: 03/10/2020 ENCROACHMENT
SHEET NO.: 4 OF 4 AGREE ENTARF.A North Texas Surveying, L.L.C.
PART OF LOT 4,BLOCK 2 Registered Professional Land Surveyors
SCALE: 1" = 50' MORUHAT
1010 West University Drive
CHK'D. BY: M.B.A. TIMBERLANDADDMON McKinney, Tx. 75069
CITY OF FORT WORTH, (1Ph. (469) 424-2074 Fax: (469) 424-1997
JOB NO.: 2016-0011 TARRANT COUNTY,TEXAS www.northtexassui-veying.com
Firm Registration No. 10074200
Soto, Vania Elizabeth
From: Murray, Matt
Sent: Tuesday, April 28, 2020 12:21 PM
To: Soto, Vania Elizabeth
Cc: Benson, Nathan
Subject: RE: 10453 Metroport Way Churchill at Golden Triangle - Encroachment Agreement
PN20-00034
Thanks,Vania. It looks good to me.
Matt Murray
Assistant City Attorney
City Attorney's Office
200 Texas Street
Fort Worth, Texas 76102
817-392-8864
817-392-8359(fax)
Mattliew.Murray@fo►-tworthtexas.gov
FORT WO RT H.
Due to the ongoing coronavirus pandemic,the Fort Worth City Attorney's Office has implemented a department-wide
telework and all staff, except the City Attorney, are working remotely. Nevertheless, I may be reached through my
customary email address and telephone extension number.
From: Soto, Vania Elizabeth
Sent:Tuesday,April 28, 2020 12:18 PM
To: Murray, Matt<Matthew.M u rray@fo rtworthtexas.gov>
Cc: Benson, Nathan<Nathan.Benson @fortworthtexas.gov>
Subject: FW: 10453 Metroport Way Churchill at Golden Triangle - Encroachment Agreement// PN20-00034
Hi Matt,
The attached is the revised copy of the contract. Since it was already uploaded online I have to get your
approval to switch it out. Thank you.
Vania E. Soto
Administrative Assistant
City Secretary's Office
817-392-6090
Vania.Soto@fortworthtexas.gov
i
From: Benson, Nathan
Sent:Tuesday,April 28, 2020 11:58 AM
To: Soto,Vania Elizabeth <Vania.Soto@fortworthtexas.Bov>
Subject: RE: 10453 Metroport Way Churchill at Golden Triangle - Encroachm ant Agreement// PN20-00034
Here is the revised recorded copy for your records.
Thank You,
Dr. Nathan R Benson
Project Assistant
Development Services Department
200 Texas Street
Fort Worth, TX 76102
[X� nath an.ben son,gfortworthtexas.Q,ov 12 (817)392-2053
*In light of the recent health emergency declarations related to COVID-19 and the need to promote social distancing,
the Development Services Department will only be accepting applications through our online permitting system
(Development Online)or by scheduled appointment starting March 23rd.To schedule an appointment to deliver
documents/payments please sign in at https://fortworthtexas.gov/developmentservices/.
I am here to serve you! How am I doing? Please contact my manager at Jan ie.Morales(a�.fortworthtexas.Q,ov
City of Fort Worth- Working together to build a strong community
FORTWORTH.
From: Benson, Nathan
Sent:Tuesday,April 28, 2020 10:47 AM
To:Soto,Vania Elizabeth <Vania.Soto@fortworthtexas.gov>
Subject: 10453 Metroport Way Churchill at Golden Triangle - Encroachment Agreement//PN20-00034
Greetings,
I will need to resend this recorded agreement to you because our notary seal did not show up. Once they correct it, I will
send to you to update
Thank You,
Dr. Nathan R Benson
Project Assistant
Development Services Department
200 Texas Street
2
Fort Worth, TX 76102
E nathan.ben son a fortworthtexas.Qov 12 (817)392-2053
*In light of the recent health emergency declarations related to COVID-19 and the need to promote social distancing,
the Development Services Department will only be accepting applications through our online permitting system
(Development Online)or by scheduled appointment starting March 23rd.To schedule an appointment to deliver
documents/payments please sign in at https://fortworthtexas.gov/developmentservicesl.
I am here to serve you? How am I doing? Please contact my manager at Janie.Morales�fortworthtexas.Qaov
City of Fort Worth- Working together to build a strong community
FORTWORTH.
3