HomeMy WebLinkAboutContract 55198 Date Received.:Jan 26,2021 City Secretary
Time Received:12:14 pm Number: 55198
(EASEMENT ENCROACHMENT LICENSE AGREEMENT
Coinnyercial
THIS AGREEMENT is made and entered into by and between THE CITY OF
FORT WORTH. a hone rule niunicipal corporation of Tarrant County, Texas ("City"),
actin by and throrigh its duly authorized City Manager, Assistant City Manager, or
Development Services Director, and Golden Triangle Office Village Phase 2, LLC, a
Limited Liability Corporation ("Licensee"), owner of the real property located at 4925
Golden Triangle Blvd., l7ort Worth, Texas 76244 ("Property"), acting by and through its
duly authorized president.
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 public drainage easement (the "Easement") in. the
Property as shown on the neap 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 three (3)
encroachment areas for private storm sewer lateral connections into a public storm sewer
OFFICIAL RECORD
E IRSCr ICTIt Encroachment Agreement-Commercial
I CITY SECRETARY
FT.WORTH,TX
plain in a dedicated public drainage easement. {the ".)l✓ticroacbment"). 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 oil City's Easement beyond what is specifically
described in the exhibit(s) attached hereto.
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. spec ifiCatioils.
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 shrill 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.
Easenteni Encroachment Agreement-Commuciai ilaee 2 cat'12
Revised 4/2020
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 Casement to a condition
acceptable to the Director of Transportation and Public Works or the Director of the
Wager Department, or their duly authorized representative, ill accordance with then-
existing City specifications. It is understood and agreed to by Licensee that if this
Agreement terminates and Licensee la.ils to remove the Encroachment as directed and
restore the Easement, Licensee hereby gives the City permission to rernove the
Encroachment and any supporting structures and assess a lien oil the Property for the
costs expended by the City in takirig such actions.
6.
In order to defray all costs of inspection and supervision which the City has
inCnrred or will incur as a result of the construction. maintenance, inspection. or
management of the encroachments and rises provided for by this Agreement, Licensee
agrees to pay to City at the time this Agreement is requested all 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 oil 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 ill 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 noncoinpIialice 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.
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 Iegislative 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 terin 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
oil the Property, including but not being limited to undei'gi'onnd, surface, or overhead
corn in Linication, drainage, sanitary sewerage, transmission of natural gas or electricity, or
Easentettt Encroachment Agreement-Conjtncj•ciai Page 3 of 12
Rcviscd•1/2020
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 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 arnounts of such insurance shall be not less than
S1,000,0m
With the Understanding and agreement by Licensee that such insurance amounts may be
revised upward at City's option and that Licensee shall so 1•evise such amounts
immediately following notice to LICCnSee 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 601' 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.
l asement l'nc wdi neat Agreement-Commercial
1 1a.,ge,4 oN2�
Revised 4/2020
Licensee agrees, binds, and obligates itself and its successors and assigns to
maintain and keep in force such public liability insurance at all tinges 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 Pecs 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 re gulations in connection with the ConStY'UCt1011._
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 tights and privileges ;ranted hereunder and not as an officer, agent.
servant, or employee of City, and Licensee shall have exclusive control of and the
cxclusivc 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
respondent 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 ol• occupy property in which a third-
i:ascrneni lsneroacEnment Agreement-Commercial Page 5 of 12
Revised 4/2020
party may have an interest. Licensee agrees that it will obtain all necessary permissions
before oCCupying SLICK property.
16.
In any action bx'ought 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.
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 .nay 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 (GO) 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 bf•ought 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 constitrrte one instrument.
Fasement l.sncroaci ment Agreement-Commerci,il Page 6 of 12
Revised 4l2020
City: Licensee:
CITY OF FORT WORTH GOLDEN TRIANGLE OFFICE
VILLAGE PHASE 2, LLC
` )"Dj Barrel[ 25.20210&56 CST) By: ,6/v —
DJ Hart-ell, Director 13E11 PaEltuso, President
Development Services Golden Triangle Office Village
Phase 2, LLC
Date: Jan 25, 2021 pate:
,d�4nan�
F°FOR.4 a
ATTEST: 0% Approved As To Foi-m and Legality:
y0° °=d°
00
aaa -000 p fonRonald P. Gonzales �bEaAS�� Mafthew Marr'cav
for Ronald P.Gonzales(Jan 25,202109:49 CST) Matthew Murray(Jan 21,2021 13:23 CST)
Mary Kayser, City Secretary l�WBC Sec. 3210
City Secretary's Office Matthew A. Murray, Assistant City Attorney
City Secretary's Office
Contract Compliance Specialist:
lay signing 1 acknowledge that f any the person
Responsible for the monitoring and administration
Of'this contract. including ensuring all performance
A)1d r�tl t'eClulre111eE1t5.
Janie S. Morales
Development Manager
OFFICIAL RECORD
CITY SECRETARY
l asoment€ficr•oacirrrlent Agr•ecrnertt-Commercial FT.WORTH,TX
Revised 412020
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. Hari-elf, known to me to be the person
whose manic 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 c�lpacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this_^25th day of
January , 20 21
Jennifer L Digitally signed by Jennifer
L Ezernack
Ezernark Date:2021.01.25 09:08:55
06'00' �PaYPos JENNIFER L. EZERNACK
Notary Public in and of the State of Texas 2° � Notary Public
+®• STATE OF TEXAS
y Notary I.D. 130561630
v��� My Comm. Exp.Mar. 1,2024
After recording return to:
Development. Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
OFFICIAL RECORD
CITY SECRETARY
F'asoment Eneroachrncnt n0arcernent-Commercial FT.WORTH,TX
Revised 4/2020
STATE OF TEXAS
COUNTY OF TARRANT
Bl::'hORI- M11', the undersigned authority, a Notary Public in and For the State of
on this day personally appeared Bill PantUSo, President known to me to be
the person whose name is subscribed to the foregoing instrument. and acknowledged to
nee that he or she cXecuted the sank for the purposes and consideration therein
expressed, as the act and deed of Golden Triangle Village Phase 2, LLC, a Limited
Liability Corporation. and in the capacity therein stated.
GIV13N 1-1ND1;R MY I IAND AN1) SI A1. 01` 01-11CI this 20 day
of J-tawy .20 2
o O q
Notary Public in and for the �P�v
State of` &4s
Q 6 OF
OFFICIAL RECORD
CITY SECRETARY
F.usemcnt E:ncrouchmctit Agreement-Commercial FT.WORTH,TX
!revised 4/2020
EXHIBIT A
Map of Easement and Encroachment
f�ssCn�et�C E'ncroaclime«t Agreement-Commercial Page 10 0l'12
Revised 4/2020
L
s
L
W
W W
Y
® rn_
Lo
z U)
� O14LU
� CO r U
LU
w o Q ���
W
O U ()�WNU
O ■� LU
J lz
�5 cYiLo
NU) VU
Q
4 0
J j Z: cn
Li
Q J X
m Q LU
Q 0 Q H
Q m m
Z WJ HZZ)O
O
0 Z = Q ° Q W O
x U z�Jd w o 0 Z
U_ <
IS) ~ Lu
❑ oo 0
J � LLLLLLLLLLW_WJ
W
flTmTn
ooLo
L ~ N
W J U O0 H Lu
m
Z Z Q w N
O O Z ; U
Q0LZQ
U
W 0 Z
0 Q o
Q
w
� L
L Q
N a
� E
l7 O
W E
W II
S C,o w
aU<o Z
,~ oLU
W
awW � � (n
a W
� � U
o Q
E
❑ors'~
cp�W�U
I
w z
■� ~Z�~
Y
Z
I (� U10O
I Nfn:E V U
I I
T7T
I
I fir d
co a
M � a
J � > co
I � ° w = ¢
w J X
co (n 00 2 m O
3:
Cr- J Z
m oof Z)
(D000
X � QL �
J Oz
oao I oar a w U z x
m�Q I m �a Q
o I o 0 H
0 m I 0
I
I
III I
w �
I
c9 z
z � w
Q
n CD Lo
W C, , N
\ a, tOX � W
\ \ W U 0 _M
1 Z ZILL w N d
OU) OJ
ZJ ��
Q 3: _> W Q
Z
� of 0
\\ o � Ja °
'GATT 31NVIHi N34�OJ \\ ¢ v U
J
dOj(13}JVJ3bd n CN
SVY31 HiJOMi`J0j NV�d 30VNIV214 CN
Z 3SVHd 30VIIIA
UJOH0<A&ajwl)j
IV0I03VY 31ONVNi N3010S
t 0
NORTH r
t
AL—
p
nn L t I
N
-H
-TH
R,
7 w
0
7
atU
H< F.H w,- 7
M`� nr r
.7 7. S -7
a
w
—1—A
rc
rno
o
L4
L e- _
—ITT
S
LU
0 co)
7:i
D 00.
IL 0
U)
❑NO Y I 2� _ _
i r 4tl
5
1 7777 11 K 7/ 77,77774
Al.
"GOLDEN TRIANGLE 81VD.
LL
o
—TF
.............
EXHIBIT B
Certificate of Insurance
Easement Encroachment Agreement-Commercial ['age f i of 12
Revised 4/2020
DEPOSITORS INSURANCE COMPANY 26463
1100 LOCUST ST DEPT 1100
DES MOINES, IA 50391-2000
CHANGE OF DECLARATIONS ENDORSEMENT - COMMERCIAL GENERAL LIABILITY
Policy Number ACP GLD07285455805
Named Insured BILL & DEE BUILDERS LLC
& Address - SEE NAMED INSURED SCHEDULE
3321 UNICORN LAKE BLVD STE 12
DENTON TX 76210
Policy Period: Covers From: 02/04/20 TO 02/04/21 12:01 A.M. Standard Time
Effective Date of This Endorsement: 11117/20 12:01 A.M. Standard Time
Agent SWINGLE COLLINS & ASSOCIATES 42-26463-001
Address
13760 NOEL RD STE 600
DALLAS TX 75240
This policy is changed as follows:
PREMIUMS
OTHER PR/CO
***** INSURED NAME ADDED
#NORTH TARRANT OFFICE VILLAGE PHASE 3
************************* INSURED NAME ADDED *************************
#GOLDEN TRIANGLE OFFICE VILLAGE PHASE 1
***** INSURED NAME ADDED
#GOLDEN TRIANGLE OFFICE VILLAGE PHASE 2
******************************** TOTAL ********************************
NO CHARGE
THIS IS NOT A BILL - SEE YOUR BILLING STATEMENT
GL AM EN (06-90)
DIRECT BILL L6AM 21012 INSURED COPY ACP GLDO 7285455805 906842862 46 0011761
EXH.iBI'17 C
Metes and Bounds or Locution Description of the Property
Iiasesncrat Encroaclrr�acrat�Igrerranen#-C.onamcr°ial Page 12 of 12
Revised 4/2020
Exhibit C EXHIBIT'W'
ENCROACHMENT AGREEMENT AREA
PART OF LOT 32, BLOCK 1
WATSON CREEK ESTATES
CITY OF FORT WORTH,
TARRANT COUNTY,TEXAS
ENCROACHMENT AREA NO. 1
Being a tract of land, situated in the Jesse Billingsley Survey, Abstract No. 70, in the City of Fort Worth,
Tarrant County, Texas, and being a part of Lot 32, Block 1, of WATSON CREEK ESTATES, as recorded under
Instrument No. D220080084, O.P.R.C.C.T., said tract being more particularly described as follows:
COMMENCING at a metal fence post found for the southeasterly corner of said Lot 32, same being in the
northerly monumented line of Golden Triangle Boulevard, said corner also being the southwesterly corner of
Lot 1, Block A, of THE ENCLAVE ON GOLDEN TRIANGLE, an addition to the City of Fort Worth, as recorded
under Instrument No. D205322523, O.P.R.T.C.T.;
THENCE North 85°25'05" West, over and across said Lot 32, a distance of 278.70' to the POINT OF
BEGINNING of the herein described tract;
THENCE continuing over and across said Lot 32, the following courses and distances:
South 89°44'25" West, a distance of 21.21' to a point for corner;
North 45°15'35" West, a distance of 14.14' to a point for corner;
North 00°12'11" West, a distance of 25.78' to o point for corner;
North 89°47'49" East, a distance of 15.00' to a point for corner;
South 00'12'11" East, a distance of 19.56' to a point for corner;
South 45°15'35" East, a distance of 22.92' to the POINT OF BEGINNING and containing 618 square feet
or 0.014 acres of land, more or less.
��,•0 F T�
.......:..............................:.......
MICHAEL B. ARTHUR
..............................................
5686 ��;•�
LINE TABLE 9�ij• .E S S ICq�O
No. Bearing Distance .SU
L1 S89°44'25"W 21.21'
L2 N45°15'35"W 74.14' ABBREVIATIONS
L3 NOO°12'11"W 25.78'
L4 N89°47'49"E 15.00' I.R.F. = Iron Rod Found
L5 SOO°12'17"E 19.56'
L6 S45°15'35"E 22.92' (C.M.) = Controlling Monument
L7 SOO°12'17"E 15.00' C.I.R.F. = Capped Iron Rod Found
L8 S89°47'49"W 15.00,
L9 NOO°12'11"W 15.00, C.LR.S. = 1/2" iron rod with yellow plastic cap
L10 N89°47'49"E 15.00, stamped "RPLS 5686" set
L11 S44°47'49"W 4.39'
L12 SOO°12'11"E 5.43' P.R.T.C.T. = Plat Records, Tarrant County, Texas
L13 S89°47'49"W 15.00, D.R.T.C.T. = Deed Records, Tarrant County, Texas
L14 NOO°12'11"W 11.64'
L15 N44°47'49"E 10.61' O.P.R.T.C.T. = Official Public Records, Tarrant County, Texas
L 16 S45°12'11"E 15.00'
DATE: 09/10/2020 ENCROACHMENT North Texas Surveying, L.L.C.
SHEET NO.: 1 OF 4 AGREEMENT AREA-PART OF Registered Professional Land Surveyors
LOT 32,BLOCK 1 1010 West University Drive
SCALE: 1" = 60' Y
WATSON CREEK ESTATES McKinney, Tx. 75069
CHK'D. BY: M.B.A. CITY OF FORT WORTH, Ph. (469) 424-2074 Fax: (469) 424-1997
www.northtexassurveying.com
JOB NO.: 2019-0065 TARRANT COUNTY,TEXAS Firm Registration No. 10074200
EXHIBIT'W'
ENCROACHMENT AGREEMENT AREA
PART OF LOT 32, BLOCK 1
WATSON CREEK ESTATES
CITY OF FORT WORTH,
TARRANT COUNTY,TEXAS
ENCROACHMENT AREA NO. 2
Being a tract of land, situated in the Jesse Billingsley Survey, Abstract No. 70, in the City of Fort Worth,
Tarrant County, Texas, and being a part of Lot 32, Block 1, of WATSON CREEK ESTATES, as recorded under
Instrument No. D220080084, O.P.R.C.C.T., said tract being more particularly described as follows:
COMMENCING at a 1/2" iron rod with a plastic cap stamped "SPIARS" found for the northeasterly corner of
said Lot 32, same being in the westerly line of Lot 1, Block A, of THE ENCLAVE ON GOLDEN TRIANGLE, an
addition to the City of Fort Worth, as recorded under Instrument No. D205322523, O.P.R.T.C.T., said corner
also being the southeasterly corner of Lot 13, Block 1, of WATSON CREEK ESTATES, an addition to the City
of Fort Worth, as recorded under Instrument No. D219288114, O.P.R.T.C.T.;
THENCE South 67'47'52" West, over and across said Lot 32, a distance of 317.90' to the POINT OF
BEGINNING of the herein described tract;
THENCE continuing over and across said Lot 32, the following courses and distances:
South 00`12'11" East, a distance of 15.00' to a point for corner;
South 89'47'49" West, a distance of 15.00' to a point for corner;
North 00°12'11" West, a distance of 15.00' to a point for corner;
North 89°47'49" East, a distance of 15.00' to the POINT OF BEGINNING and containing 225 square feet
or 0.005 acres of land, more or less.
, OFT
�J.1jF
4 d '9L11
.......:.........................-----:.......
_MICHAEL B. ARTHUR
..........................................
5686 Qr�O
0
No. LINE
Bearing FE Distance 9�d SOg���
L1 S89°44'25"W 21.21'
L2 N45'15',35"W 14.14' ABBREVIATIONS
L3 N00°12'11"W 25.78'
L4 N89'47'49"E 15.00, I.R.F. = Iron Rod Found
L5 S00°12'11"E 19.56,
L6 S45'15'35"E 22.92' (C.M.) = Controlling Monument
L7 S00°12'11"E 15.00, C.I.R.F. = Capped Iron Rod Found
L8 S89°47'49"W 15.00,
L9 N00°12'11"W 15.00, C.I.R.S. = 1/2" iron rod with yellow plastic cap
L10 N89'47'49"E 15.00, stamped "RPLS 5686" set
L11 S44°47'49"W 4.39'
L12 S00°12'11"E 5.43' P.R.T.C.T. = Plat Records, Tarrant County, Texas
L13 S89°47'49"W 15.00, D.R.T.C.T. = Deed Records, Tarrant County, Texas
L14 N00°12'11"W 11.64'
L15 N44'47'49"E 10.61, O.P.R.T.C.T. = Official Public Records, Tarrant County, Texas
L16 S45'12'11"E 15.00'
DATE: 09/10/2020 ENCROACHMENT North Texas Surveying, L.L.C.
SHEET NO.: 2 OF 4 AGREEMENT AREA-PART OF Registered Professional Land Surveyors
LOT 32,BLOCK 1 1010 West University Drive
SCALE: 1" = 60' Y
WATSON CREEK ESTATES McKinney, Tx. 75069
CHK'D. BY: M.B.A. CITY OF FORT WORTH, Ph. (469) 424-2074 Fax: (469) 424-1997
www.northtexassurveying.com
JOB NO.: 2019-0065 TARRANT COUNTY,TEXAS Firm Registration No. 10074200
EXHIBIT"A"
ENCROACHMENT AGREEMENT AREA
PART OF LOT 32, BLOCK 1
WATSON CREEK ESTATES
CITY OF FORT WORTH,
TARRANT COUNTY,TEXAS
ENCROACHMENT AREA NO. 3
Being a tract of land, situated in the Jesse Billingsley Survey, Abstract No. 70, in the City of Fort Worth,
Tarrant County, Texas, and being a part of Lot 32, Block 1, of WATSON CREEK ESTATES, as recorded under
Instrument No. D220080084, O.P.R.C.C.T., said tract being more particularly described as follows:
COMMENCING at a 1/2" iron rod with a plastic cap stamped "SPIARS" found for the northeasterly corner of
said Lot 32, same being in the westerly line of Lot 1, Block A, of THE ENCLAVE ON GOLDEN TRIANGLE, an
addition to the City of Fort Worth, as recorded under Instrument No. D205322523, O.P.R.T.C.T., said corner
also being the southeasterly corner of Lot 13, Block 1, of WATSON CREEK ESTATES, an addition to the City
of Fort Worth, as recorded under Instrument No. D219288114, O.P.R.T.C.T.;
THENCE South 86'07'18" West, over and across said Lot 32, a distance of 292.25' to the POINT OF
BEGINNING of the herein described tract;
THENCE continuing over and across said Lot 32, the following courses and distances:
South 44`47'49" West, a distance of 4.39' to a point for corner;
South 00'12'11" East, a distance of 5.43' to a point for corner;
South 89°47'49" West, a distance of 15.00' to a point for corner;
North 00*12'11" West, a distance of 11.64' to a point for corner;
North 44°47'49" East, a distance of 10.61' to a point for corner;
South 45`12'11" East, a distance of 15.00' to the POINT OF BEGINNING and containing 241 square feet
or 0.006 acres of land, more or less.
F. T�
TE��9
..... ?zn
.......:....... ..................:.......
MICHAEL B. ARTHUR
..........:................................
LINE TABLE �'; 5686
No. Bearing Distance Gj' .ESSI�. C�,�
L1 S89°44'25"W 21.21' SUR
L2 N45'15'.35"W 14.14' ABBREVIATIONS
L3 N00°12'11"W 25.78'
L4 N89'47'49"E 15.00, I.R.F. = Iron Rod Found
L5 S00°12'11"E 19.56,
L6 S45'15'35"E 22.92' (C.M.) = Controlling Monument
L7 S00°12'11"E 15.00, C.I.R.F. = Capped Iron Rod Found
L8 S89°47'49"W 15.00,
L9 N00°12'11"W 15.00, C.I.R.S. = 1/2" iron rod with yellow plastic cap
L10 N89'47'49"E 15.00, stamped "RPLS 5686" set
L11 S44°47'49"W 4.39'
L12 S00°12'11"E 5.43' P.R.T.C.T. = Plat Records, Tarrant County, Texas
L13 S89°47'49"W 15.00' D.R.T.C.T. = Deed Records, Tarrant County, Texas
L14 N00°12'11"W 11.64'
L15 N44'47'49"E 10.61, O.P.R.T.C.T. = Official Public Records, Tarrant County, Texas
L16 S45*12'11"E 15.00'
DATE: 09/10/2020 ENCROACHMENT North Texas Surveying, L.L.C.
SHEET NO.: 2 OF 4 AGREEMENT AREA-PART OF Registered Professional Land Surveyors
LOT 32,BLOCK 1 1010 West University Drive
SCALE: 1" = 60' Y
WATSON CREEK ESTATES McKinney, Tx. 75069
CHK'D. BY: M.B.A. CITY OF FORT WORTH, Ph. (469) 424-2074 Fax: (469) 424-1997
www.northtexassurveying.com
JOB NO.: 2019-0065 TARRANT COUNTY,TEXAS Firm Registration No. 10074200
eZSZ2�OZaaoN a NI fITZ—)
-3T°JN1Aa1 N.MJ11b211 -TeZ4ZZf90Z0'ON�HiM-T----NO-M9ON --- - a °A [1 �1 A ('M'O'a9Z-J33HIS31tlNad) LNOOlB'),. l / — �j' c NONISSONO 11VA 1N3W3Sd3 SS333V AON3MEIIAS IZ � / 't O't
3NIl�JNum& p�0
�0'Obe 3.SO.to. —- -- o cco �ox - -X - ----- b Na >,
3Nnownino& >ZE z cn (v6698Z86Za W •O Z =Z IN3w�S`d3cm
ILL LU ) I 1 2 `°: r
H W U cm3SVNItlaOA X.Sl, ° ��^� •�
520 1 F U N ° moo °'
E-4 b o rx
o a1�1 I 0_ OZz 1 s< I rn
�11b1 OO �_____ Wa �I I WF H a
-------------- -------
�� - - - ---- -Y co LLN YN 1 a a
1 ip W o IIII WU � W odwpN c�WvI 3 m
c
�N 3�. Y Ira _ e
Zm co �V f=/23 OmWOF'� I Nv
t- IIII i d N � z0 NCO xc
a cli
I o>I�n �� IIII wr Oc�imi° LLQ �vzo c oo
CO IIII w� aOoN � oN \ m^ v1.
IIII �m I J � zw 3z I N To
I;IN IIII w
i�I9 o �, IIII a w I }
bill
� � IIII
I I ; Y III o C)
iol rdjl 00
z
CA IIII zFp Z c�� Q a�00
m a IIII a �'a 09 W 1 4 a o0
° 0 12-
U1_I adz ° IIII �0z �WdZ uW� W Owa - N o��
�1 Zg IL 0 O w tHo u�Ncm d m z ` cn d
Z � Z Z x m� Z oo�z z I cai ' W W z
0 1 1 NV ZZU QU' Q DZ N z W I � J 0,
o a a.w o w m ���$____ I c6 w
E S.W 0 m w Ur < __ns4'y ---- W �w
I
m OC U ---- --- ------<w6a dam" oU
m sal -- -- -- --W- IIII Wg ?�Q?
CID pa
dww� dOa.9eLu]
oFa�
Z ry / J _ CID) �o
X - ----- +4-I - --- - ----- ----- � IIa I
Lu
1 - - - — ---------------_±�-- - - - - O cn vs
TT
U; 717 H
�I J J g E t 1--f J r
z -- '`' p I '�.I
m 1 8 + 1 1 a ❑❑❑ I tZ- s a Q U W
W
O III w ❑❑❑ I 9 W= 1 W Ey
;} m AP,
rc'm I U a1
y =.I� III z O a } 1 p00
a' �1� - "'� 11w< a L)(n LL c4i o / 13 0 1 C cn u U
gg I I�� 1 �a wOLLw pp IC'. 0
8 � wr ZI a U H Z
1 N Iwof � op�U yZ I �a Ixc 1
0 a: r w _ Z 1�1
�5Z d I Z 0 - O N m a I w 1 W
Ji Is �� � --� Q' ch IA ��
3 wM wI III un J Z F am r� Q o za
b9F III m<
I° wh o ao 1 ❑❑❑ vW8F- _ 1 ���
r w
�M JZ vo � NFV_ I� � m< CO
❑ �O w� N� m�p�
o w
❑ C)Z az \ f NUOa I "ao �cwi> O
<cn c\t in
o � I o �? III `\ I �m I oLo
ZI1 0 0 0
lI'@ ia ❑ III \ a I �osI \ 't co 0
---- - - - CQ
1s � W 1'31'a'd'O
�I 1 1 '080080OZZa'ON'a1SNII \. z
'I �' 1 1 S31V1S3 N33a0 NOSIHM / \ E O
�IOoie'a Ls log V .6 I dog 'o � w
CO)
a