HomeMy WebLinkAboutContract 54733 Date Received: 10/23/2020 City Secretary
Time Received: 4:40 PM Number: 54733
PUBLIC RIGHT-OF-WAY 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, Assistant City Manager, or
Development Services Department Director, and RPFW PROPERTIES, LLC, a(n)
Texas limited liability company ("Licensee"), owner of the real property located. at 2300
Merrick Street, Fort Worth, Texas, 76107 ("Property"), acting by and through its
duly authorized Manager.
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 street, alley, sidewalk, and/or other public right-of-
way (individually or collectively,the "Public Right-of-Way") adjacent to 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 maintain certain
improvements which will encroach in, on, above, or below the Public Right-of-Way; and
WHEREAS, to acconunodate the needs of the Licensee, the City will allow the
encroachment under the terms and conditions as set forth in this Agreement.
NOW, THEREFORE, the City and Licensee agree as follows:
AGREEMENT
1.
The City, in consideration of the payment by Licensee of the fee set out below
and. covenants and agreements hereinafter contained to be kept and performed by
Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and
occupy a portion of the City's Public Right-of-Way as described in and at the location
shown on Exhibit A, but only to the extent shown thereon, for the purpose of addition of
angled parking and outdoor seating/patio space (the "Encroachment"). Upon
completion of the. Encroachment, Licensee agrees to be responsible for maintaining the
ROW Encroachment Agreement-Commercial OFFICIAL RECORD page 1 of 12
CITY SECRETARY Revised 4/2020
FT. WORTH, TX
Encroachment within the Public Right-of-Way. Licensee shall not expand or otherwise
cause the Encroachment to further infringe in or on the Public Right-of-Way beyond
what is specifically described in the exhibit(s) attached hereto.
2.
All construction, maintenance, or operation in connection with such
Encroachment, use, or 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 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, Licensee shall pay to City an
additional amount equal to such additional cost as 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 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 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 Public Right-of-Way to a
condition acceptable to the Director of Transportation and Public Works or the Director
ROW Encroachment Agreement-Commercial Page 2 of 12
Revised 4/2020
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 Public Right-of--Way, Licensee hereby gives City permission to remove the
Encroachment and any supporting structures and 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 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 Five Hundred Dollars ($500A0). Additionally, Licensee agrees to pay a fee in the
amount of$1.44 per square/linear foot of the encroachment area upon execution of this
Agreement and annually thereafter.
7.
The term of this Agreement shall be for thirty (30) years, commencing on the
date this Agreement is executed by 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 Public
Right-of-Way to be used and encroached upon is held by City as trustee for the public;
that City exercises such powers over the Public Right-of-Way 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 Right-of-Way
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 Public Right-of-Way 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 the Encroachment and the public purpose.
ROW Encroachment Agreement-Commercial Page 3 of 12
Revised 412020
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
"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
ROW Encroachment Agreement-Commercial Page 4 of 12
Revised 412020
restoration of the Public Right-of-Way. 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 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 construction,
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 Public Right-of-Way and is not a conveyance of any right,title, or interest in or to the
Public Right-of-Way,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.
ROW Encroachment Agreement-Commercial Page 5 of 12
Revised.4/2020
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.
Any cause of action for breach of this Agreement shall be brought in Tarrant
County, Texas. This Agreement shall be governed by the laws of the State of Texas.
20.
This Agreement shall be binding upon the parties hereto and.their successors and
assigns.
21.
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument
[SIGNATURES APPEAR ON FOLLOWING PAGE]
ROW Encroachment Agreement-Commercial Page 6 of 12
Revised 4/2020
City: Licensee:
CITY OF FORT WORTH RPFW PROPERTIES,LLC
DJ Hap' (OCt 22,2U20 17:43 CDT)
DJ Darrell,Director Namc: . Mark Harris
Development Services Department Title: Manager
Date: 10-22-2020 Date: L., J
4,d44URn�
p��'°°t�ORt9Ad
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ATTEST: d°a4 o �000. J Approved As To Form and Legality
naaaq�'
10-�D`la C70`lLR�2J
'for Ronald P.Gonzales(Oct 23,202010:02 CDT)
Mary Kayser, City Secretary FWBC Sec. 3210
City Secretary's Office Matthew A. Murray, Assistant City Attorney
City Attorney's Office
Contract Compliance Specialist:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
Evelyn Rober�-s on behcrlfof
Evelyn Roberts on behalf of(Oct 13,2020 11:59 CDT)
Laurie Lewis
Interim Development Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ROW Encroachment Agreement-Commercial Page 7 of 12
Revised 4/2020
1 ' Imme 30 ' 1 ' 1ESMOM
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 DJ Harrell, 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 this 23rddaY of
October 20 20
LAURIE Digitally signed byLAURIE �PRVP�e LAURIE PEQUENO LEWIS
PEQU ENO LEWIS i Notary Public
PEQUENO LEWIS Date:2020.10.2307:54:39 * * STATE OF TEXAS
_05,00' q �� Notary I.D. 132278952
Notary Public in and for the State of Texas My Comm.Exp.Dec. 10,2023
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ROW Encroachment Agreement-Commercial Page 8 of 12
Revised 4/2020
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
�iXQS , on this day personally appeared J. Mark Harris, Manager 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 RPFW Properties, LLC a limited liability company
and in the capacity therein stated.
GIlVEN UNDER MY IIAND AND SEAL OF OFFICE this
day of , 20 20
MORGAN KAITLYN WHATLEY
a¢•'•• • Notary Public,State of Texas
Comm.Expires 03-18-2024
Notary ID 132409419
'W
No aty Public in and for the
State of s�f
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ROW Encroachment Agreement-Commercial Page 9 of 12
Revised 4/2020
EXHIBIT A
.Map of Easement and Encroachment
ROW Encroachment Agreement-Commercial Page 10 of 12
Revised 4/2020
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EXHIBIT B
Certificate of Insurance
ROW Encroachment Agreement-Commercial Page 11 of 12
Revised 4/2020
EXHIBIT C
Metes and Bounds or Location Description of Property
ROW Encroachment Agreement-Commercial Page 12 of 12
Revised 4/2020
rFILIGENDOF ABBREVIATIONS
C.C.T. PLAT RECORDS,COLLIN COUNTY,TEXAS
. CONTROLLING MONUMENT L3
RIGHT OF WAY MAG NAIL(C.M.)
N0006'03"E c�
9.37' a
POINT OF BEGINNING L1
NOTE: 0 10' 20'
Bearings are based on the State Plane Coordinate
System,Texas North Central Zone(4202)North ENCROACHMENT SCALE: V—20'
American Datum of 1983(NAD'83),with a combined w AGREEMENT#1
scale factor of 1.00012.
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L3 20.19' S89°36'35"E a k W a o
L4 16.09' N89°48'38"W I W
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L5 3.41' N6639'15"W
0
L6 12.26' N00°0650"W o
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L7 7.69' N89°55'33"W
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I L4 N45007'24"W-2.11'
J 314- IRON PIPE
BEARS
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(16'ALLEY R.O.W.PER
VOL.63, PG.21,P.R.T.C.T.)
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J
onr-iTan cmgrjo 2,528 SQUARE FEET
GC1nUEiJ- ERG IOUT OF MERRICK STREET
} S200 State Highway 121
;3 Colleyville,TX 76034 1 00' RIGHT-OF-WAY
Phone:8 -1957 CITY OF FORT WORTH
info@bcsdfw.csdfw.com
TBPLS Firm#10194474 TARRANT COUNTY, TEXAS
DRAWN BY:BCS DATE:09-23-2020 JOB NO.:2020.059.001
Z:\Project Data\Survey\059 — James R. Harris Partners, LLC\2020\001 — Roy Pope Grocery\Drawings Page 1 of 2
EXHIBIT " C "
2,528 SQUARE FEET
OUT OF MERRICK STREET
100' RIGHT-OF-WAY
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
PROPERTY DESCRIPTION
BEING a tract of land out of Merrick Street, having a 100 foot right-of-way as shown on Chamberlin Arlington
Heights, First Filing, an addition in the City of Fort Worth, Tarrant County, Texas, according to the plat recorded
under Volume 63, Page 21, Plat Records of Tarrant County, Texas, (P.R.T.C.T.), the subject tract being more
particularly described by metes and bounds as follows (bearings are based on State Plane Coordinate System, Texas
North Central Zone (4202) North American Datum of 1983 (NAD '83)):
BEGINNING at a point in the west right-of-way of said Merrick Street and the northwest corner of the herein
described tract, same being in the east line of Lot 1 in Block 60 of said Chamberlin Arlington Heights, from which a
MAG nail found for the northeast corner of said Lot 1 bears North 00 degrees 06 minutes 03 seconds East, a distance
of 9.37 feet;
THENCE through the interior of said Merrick Street right-of-way,the following calls:
1. South 89 degrees 59 minutes 59 seconds East, a distance of 7.68 feet;
2. North 00 degrees 23 minutes 25 seconds East, a distance of 12.63 feet;
3. South 89 degrees 36 minutes 3S seconds East, a distance of 20.19 feet;
4.South 00 degrees 07 minutes 02 seconds East, a distance of 119.64 feet to a point, for the beginning of a
non-tangent curve to the left, having a radius of 1.50 feet, with a delta angle of 89 degrees 22 minutes 28
seconds, whose chord bears North 45 degrees 07 minutes 24 seconds West, 2.11 feet;
5. Along said curve to the left, an arc length of 2.34 feet;
6. North 89 degrees 48 minutes 38 seconds West, a distance of 16.09 feet;
7. North 00 degrees 11 minutes 22 seconds East, a distance of 55.00 feet;
8.North 66 degrees 39 minutes 15 seconds West, a distance of 3.41 feet;
9.North 00 degrees 06 minutes 50 seconds West, a distance of 12.26 feet;
10. North 89 degrees 55 minutes 33 seconds West, a distance of 7.69 feet;
THENCE North 00 degrees 06 minutes 03 seconds East, with the west right-of-way of said Merrick Street, and with
the east line of said Lot 1, a distance of 36.99 feet to the POINT OF BEGINNING and enclosing 0.058 acres (2,528
square feet) of land, more or less.
SURVEYOR'S CERTIFICATE
This is to certify that I,John H. Barton III, a Registered Professional Land Surveyor of the State of Texas, have
prepared this map from an actual survey on the ground, and that this map correctly represents that survey made
by me or under my direction and supervision.
Date of Plat/Map: September 24,2020
0
.... ..... ......
OHN HOMER BARTON III
Joh arton III, RPLS#6737
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rFILIGENDOF ABBREVIATIONS
C.C.T. PLAT RECORDS,COLLIN COUNTY,TEXAS
. CONTROLLING MONUMENT
RIGHT OF WAY
NOTE:
Bearings are based on the State Plane Coordinate
System,Texas North Central Zone(4202)North
American Datum of 1983(NAD'83),with a combined
scale factor of 1.00012. 0 10' 20'
SCALE: ]"—20'
Line Data Table
Line # Distance Bearing
COLLINWOOD AVENUE (POSTED) L1 13.36' NOO'00'30"E
L2 5.88' N89'06'26"E
(7TH AVENUE PER VOL.63,PG.21, P.R.T.C.T.) L3 10.78' 58833'15"E
(80' R.O.W. PER VOL.63, PG.21,P.R.T.C.T.)
L4 13.66' SOO'00'30"W
L5 18.23' S77°15'00"E
L2 L3 N89056'59"E 34.41'
L=4.49, R=4.50'
L=5.53',R=4.47'
ENCROACHMENT A=57012'04"
A=70°54'49" AGREEMENT#2
N35°26'54"W 5.19' S28°3632"W 4.31'
� 0.019 ACRES a
1/2- REBAR POINT OF BEGINNING (809 SQUARE FEET)
0- - _ L_S MAG NAIL
(C.M.)
587129'55"W 86.30' N89059'30"W 46.00'
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onr-iTan ci-figrio 809 SQUARE FEET
GC1nUEiJ- ERG IOUT OF COLLINWOOD AVENUE
} S200 State Highway 121
;3 Colleyville,TX 76034 1 00' RIGHT-OF-WAY
Phone:817-864-1957 info@bcsdfw.com CITY OF FORT WORTH
TBPLS Firm#10194474 TARRANT COUNTY, TEXAS
DRAWN BY:BCS DATE:09-23-2020 JOB NC.:2020.059.001
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EXHIBIT " C"
809 SQUARE FEET
OUT OF COLLINWOOD AVENUE
100' RIGHT-OF-WAY
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
PROPERTY DESCRIPTION
BEING a tract of land out of Collinwood Avenue (also known as 7th Avenue), having an 80 foot right-of-way as shown
on Chamberlin Arlington Heights, First Filing, an addition in the City of Fort Worth, Tarrant County, Texas, according
to the plat recorded under Volume 63, Page 21, Plat Records of Tarrant County, Texas, (P.R.T.C.T.), the subject tract
being more particularly described by metes and bounds as follows (bearings are based on State Plane Coordinate
System,Texas North Central Zone (4202) North American Datum of 1983 (NAD '83)):
BEGINNING at a point in the south right-of-way of said Collinwood Avenue and being the southwest corner of the
herein described tract, from which a 1/2 inch rebar found for the northeast corner of Lot 7 in Block 60 of said
Chamberlin Arlington Heights bears South 87 degrees 29 minutes 55 seconds West, a distance of 86.30 feet;
THENCE through the interior of said Collinwood Avenue right-of-way, the following calls:
1. North 00 degrees 00 minutes 30 seconds East, a distance of 13.36 feet to a point, for the beginning of a tangent
curve to the left, having a radius of 4.47 feet, with a delta angle of 70 degrees 54 minutes 49 seconds, whose
chord bears North 35 degrees 26 minutes S4 seconds West, 5.19 feet;
2. Along said curve to the left, an arc length of S.53 feet;
3. North 89 degrees 06 minutes 26 seconds East, a distance of 5.88 feet;
4.South 88 degrees 33 minutes 15 seconds East, a distance of 10.78 feet;
5. North 89 degrees 56 minutes 59 seconds East, a distance of 34.41 feet to a point, for the beginning of a
non-tangent curve to the right, having a radius of 4.50 feet, with a delta angle of 57 degrees 12 minutes 04
seconds, whose chord bears South 28 degrees 36 minutes 32 seconds West, 4.31 feet;
6. Along said curve to the right, an arc length of 4.49 feet;
7. South 00 degrees 00 minutes 30 seconds West, a distance of 13.66 feet to a point, from which a mag nail found
for the northeast corner of Lot 1 in block 60 of said Chamberlin Arlington Heights, bears South 77 degrees 15
minutes 00 seconds East a distance of 18.23 feet;
THENCE North 89 degrees 59 minutes 30 seconds East, with the south right-of-way of said Collinwood Avenue, a
distance of 46.00 feet to the POINT OF BEGINNING and enclosing 0.019 acres (809 square feet) of land, more or less.
SURVEYOR'S CERTIFICATE
This is to certify that I,John H. Barton III, a Registered Professional Land Surveyor of the State of Texas, have
prepared this map from an actual survey on the ground, and that this map correctly represents that survey made
by me or under my direction and supervision.
Date of Plat/Map: September 24,2020
� OF T
0
.........................
0HN HOMER BARYON III
.........................
John arton III, RPLS#6737 . o 6737
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