HomeMy WebLinkAboutContract 56408 Date Received: 10/04/2021 City Secretary
Time Received: 1:58 pm Number: 56408
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
TIER!1
THIS AGREEMENT is made and entered into by and between THE CITY OF
FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"),
acting by and through its duly authorized City Manager, Assistant City Manager, or
Director of the Development Services Department, and 850 RAILHEAD
INDUSTRIAL,LP, a(n) limited partnership ("Licensee"), acting by and through its duly
authorized Vice President.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 850
RAILHEAD ROAD, Fort Worth, Texas 76106 ("Property"), being more particularly
described in the attached Exhibit"A" which is incorporated herein for all purposes; and
WHEREAS, the City owns a drainage easement (the "Public Property")
adjacent to the Property as shown in the attached Exhibit "B," which is incorporated
herein for all purposes, and as recorded in the plat records of Tarrant County as plat
number FP-98-40; and
WHEREAS, Licensee desires to construct,place,and maintain certain
improvements which will encroach in, on,above, or below the Public Property;and
WHEREAS,to accommodate the needs of the Licensee,the City will allow the
encroachment under the terms and conditions as set forth in this Agreement.
NOW,THEREFORE, the City and Licensee agree as follows:
AGREEMENT
1.
The City, in consideration of the payment by Licensee of the fee set out below and
covenants and agreements hereinafter contained to be kept and performed by Licensee,
hereby grants permission to Licensee to encroach in, on, above, or below and occupy a
portion of the City's Public Property as described in and at the location shown on Exhibit
"C," but only to the extent shown thereon, for the purpose of constructing, installing, and
maintaining a private water line, sewer line and storm line (the "Encroachment").
Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining
the Encroachment within the Public Property. Licensee shall not expand or otherwise
cause
Tier 1I Easement Encroachment OFFICIAL RECORD
Agreement CITY SECRETARY
PN21-00104
FT.WORTH, TX
the Encroachment to further infringe in or on the Public Property beyond what is
specifically described in Exhibit"C."
2.
All construction, installation, maintenance, and operation of the Encroachment and
the use or occupancy of the Public Property shall comply with and be performed in strict
compliance with this Agreement and with the charter, ordinances, codes, and policies of
the City. Prior to the construction or installation of the Encroachment, Licensee shall
submit all plans and specifications to the Director of the Development Services Department
or duly authorized representative. Licensee shall not commence construction or
installation of the Encroachment nor make any use of the Public Property until after the
execution of this Agreement.
3.
Licensee, at no expense to the City, shall make proper provisions for the relocation
and installation of any existing or future utilities affected by such Encroachment and the
use and occupancy of the Public Property, including the securing the approval and consent
of the appropriate utility companies and agencies of the State of Texas and its political
subdivisions. In the event that any installation, reinstallation, relocation, or repair of any
existing or future utility or improvements owned by or constructed by or on behalf of the
public or at public expense is made more costly by virtue of the construction,maintenance,
or existence of the Encroachment and use of Public Property, Licensee shall pay to City an
additional amount equal to such additional cost as determined by the Director of
Transportation and Public Works, the Director of the Water Department, the Director of
the Development Services Department, or their duly authorized representative.
4.
Licensee agrees that City may enter and utilize the Public Property at any time for
any public purpose,including installing,repairing,replacing,or maintaining improvements
to its public facilities or utilities necessary for the health, safety, and welfare of the public.
The City shall have no responsibility or liability for any damages related to the
Encroachment resulting from the City's use of the Public Property;however,the City shall
make reasonable efforts to minimize such damage.
5.
Upon termination of this Agreement, Licensee shall, at the option of and at no
expense to the City, remove the Encroachment and restore the Public Property to a
condition acceptable to the Director of Transportation and Public Works, the Director of
the Water Department,the Director of the Development Services Department or their duly
authorized representative. Any such removal of the Encroachment shall be in accordance
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with then-existing City regulations and policies. It is understood and agreed to by Licensee
that if this Agreement terminates and Licensee fails to remove the Encroachment and
restore the Public Property, Licensee hereby gives City permission to remove the
Encroachment and any supporting structures from the Public Property,to restore the Public
Property, and to assess a lien on the Property for the costs expended by the City in taking
such actions_
6.
In order to defray all costs of inspection and supervision which the City has incurred
or will incur as a result of the construction, maintenance, inspection or management of the
Encroachment and use of Public Property as provided for by this Agreement, Licensee
agrees to pay to City at the time this Agreement is requested an application fee in the sum
of Seven Hundred Dollars ($700.00).
7.
The term of this Agreement shall be for thirty(30)years, commencing on the date
this Agreement is executed by City. However, the City may terminate this Agreement
upon Licensee's noncompliance with any of the terms of this Agreement. City shall notify
Licensee in writing of any such noncompliance and if Licensee does not cure the
noncompliance within thirty (30) days of notice from City, the City may terminate this
Agreement. However, the City may, at its sole option, allow the Agreement to remain in
effect so long as Licensee has taken reasonable measures to cure the noncompliance or is
continuing to diligently attempt to remedy the noncompliance.
S.
It is further understood and agreed between the parties hereto that the Public
Property to be used and encroached upon is held by City as trustee for the public;that City
exercises such powers over the Public Property as have been delegated to it by the
Constitution of the State of Texas or by the Texas Legislature;and that City cannot contract
away its duty and its legislative power to control the Public Property for the use and benefit
of the public. It is accordingly agreed that if the governing body of City may at any time
during the term hereof determine in its sole discretion to use or cause or permit the Public
Property to be used for any other public purpose, including but not being Iimited to
underground, surface, or overhead communication, drainage, sanitary sewerage,
transmission of natural gas or electricity, or any other public purpose, whether presently
contemplated or not, that the parties agree to negotiate in good faith in order to
accommodate both the Encroachment and the public purpose.
9.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY,AND DOES HEREBY
INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS,
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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; PROVIDED, HOWEVER, SUCH INDEMNITY
SHALL NOT APPLY TO ANY CLAIMS OR SUITS FOR PROPERTY DAMAGE
OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND
ALL PERSONS,OF WHATSOEVER KIND OR CHARACTER,CAUSED BY THE
GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF CITY,ITS OFFICERS,
AGENTS,SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS 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;
PROVIDED, HOWEVER, SUCH INDEMNITY SHALL NOT APPLY TO ANY
CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF
WHATSOEVER KIND OR CHARACTER, CAUSED BY THE GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT OF CITY, ITS OFFICERS,
AGENTS,SERVANTS,EMPLOYEES,AND ELECTED OFFICIALS.
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 "C." 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 "D"
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and incorporated herein for all purposes. Licensee agrees, binds, and obligates itself and
its successors and assigns to maintain and keep in force such public liability insurance at
all times during the term of this Agreement and until the removal of the Encroachment and
restoration of the Public Property. All insurance coverage required herein shall include
coverage of all Licensee's contractors and subcontractors.
11.
Licensee agrees to deposit with the City when this Agreement is executed a
sufficient sum of money to be used to pay necessary fees to record this Agreement in the
real property records of the county in which the Encroachment is located. After being
recorded,the original shall be returned to the City Secretary of the City of Fort Worth.
12.
Licensee agrees to comply fully with all applicable federal, state, and local laws,
statutes, ordinances, codes, and regulations in connection with the construction, operation,
and maintenance of the Encroachment and use of the Public Property.
13.
Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for
by this Agreement or by any federal, state, or local statute, law, or regulation.
14.
Licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as an officer, agent,
servant,or employee of City,and Licensee shall have exclusive control of and the exclusive
right to control the details of its operations, and all persons performing same, and shall be
solely responsible for the acts and omissions of its officers, agents, servants, employees,
contractors, subcontractors, licensees, and invitees. The doctrine of respondeat superior
shall not apply as between City and Licensee, its officers, agents, servants, employees,
contractors, and subcontractors, and nothing herein shall be construed as creating a
partnership or joint enterprise between City and Licensee.
15.
Licensee agrees and acknowledges that this Agreement is solely for the purpose of
permitting Licensee to construct,maintain, and locate the Encroachment over or within the
Public Property and is not a conveyance of any right, title, or interest in or to the Public
Property, nor is it meant to convey any right to use or occupy property in which a third-
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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, 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.
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PN21-00104 Revised 11/2020
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]
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PN21-00104 Revised 11/2020
City: Licensee:
CITY OF FORT WORTH 850 RAILHEAD INDUSTRIAL, LP
A Texas limited partnership
by:HLCI Investments Series II,LLC
a Texas series limited liability company dba
850 Railhead GP Series
a Texas series firnitpo liabi 'ty company
L By: DJ Harrell(Sep28,202117:25 CDT) BV�7J'
D.J. Harrell, Director of the (Name: Douglas Lueders
Development Services Department Title: Vice President
p 28 Se 2021 ' J
Date: � nary: .2'3 iz-,
ATTEST: Approved As To Form and Legality
Ronald P.Gonzales,Acting Thomas Royce Hansen
City Secretary Assistant City Attorney
Date: Oct 4,2021
Ordinance No. 24161-04-2020
Date: Sep 28,2021
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
__.. &. P;-._.- kar bebelt-of(Sep�°�'�„=^'' --
Janie S. Morales
Development Services
Date: Sep 28,2021
Tier II Easement Encroachment OFFICIAL RECORD
Agreement
PN21-00104 CITY 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 D.J. Harrell, known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that he executed
the same for the purposes and consideration therein expressed, as the act and deed of the
City of Fort Worth, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 28th day of
_September , 20 21 .
�PaYP�s JENNIFER L. EZERNACK
Jennifer L. Digitally signed by Jennifer 20 Notary Public
L.Ezernack * * STATE OF TEXAS
GV y Notary I.D. 130561630
Ezernack Date:2021.09.3011:08:32 '�oF-05'00' My Comm. Exp. Mar. 1,2024
Notary Public in and for the State of Texas
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
OFFICIAL RECORD
Tier II Easement Encroachment CITY SECRETARY
Agreement
PN21-00104 FT.WORTH, TX
STATE OF TEXAS §
COUNTY OF TitRTM-NT §
ZaNNOS
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
on this day personally appeared Douglas Lueders, Vice President of 850
Railhead GP Series , a series of HLCI Investment Series II, LLC, a Texas series limited
liability company, as general partner of 850 Railhead Industrial, L.P., a Texas limited
partnership 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 850 Railhead Industrial, L.P., a
limited partnership, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
b�•, LESLYN M BRADY
°`= Notacy Public,State of texas
*= My Commission Expires n
= �d.•' May 22,2025
Notary Public in and forL the �" `�` NOTARY ID 801354 3�k
State of�e �15
OFFICIAL RECORD
Tier I1 Easement Encroachment CITY SECRETARY
Agreement
PN21-00104 FT.WORTH, TX
EXHIBIT A
Description of the Licensee's Property
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Agreement Page 11 of 14
PN21-00104 Revised 11/2020
FoRTWORTH
THE CITY OF FORT WORTH
ENCROACHMENT AGREEMENT
RAILHEAD HOLT LUNDSFORD
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Pop 2.133
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$` RAILHEAD HOLT LUNSFORD sot Cherry St.Unit 11,Suite 1300
y Fort Worth,Texas 76102
805 Railhead Road Phone:(817)339-2294
Fort Worth,Texas
State of Texas Registration No.F-928
LEGAL DESCRIPTION
EASEMENT ENCROACHMENT
BEING a 100 square foot (0.0023 acre) tract of land (TRACT 1), a 675 square foot (0.0155 acre) tract of land
(TRACT 2), a 450 square foot(0.0103 acre)tract of land (TRACT 3) and a 675 square foot(0.0155 acre) tract of land
(TRACT 4) situated in the John Hibbins Survey, Abstract No. 638, City of Fort Worth, Tarrant County, Texas; said
tract being part of Lot 4, Block D, Railhead Fort Worth, Phase One, an addition to the City of Fort Worth according to
the plat recorded in Cabinet A, Slide 4358, Plat Records, Tarrant County, Texas; said tract also being part of that
tract of land described in Special Warranty Deed to 850 Railhead, LLC recorded in Instrument No. D218066214,
Official Public Records, Tarrant County, Texas; said tract being more particularly described as follows:
TRACT 1
COMMENCING at a 5/8-inch iron rod with cap stamped "KHA" set for the southeast corner of said Lot 4; said point
being in the west line of Blue Mound Road (a 100-foot wide right-of-way); from said point a 5/8-inch iron rod with cap
stamped"KHA"set for the southwest corner of said Lot 4 bears South 89058'22"West, a distance of 671.89 feet;
THENCE North 1°11'11" West, along the said west line of Blue Mound Road, a distance of 16.71 feet to a
point;
THENCE South 88°48'49"West, departing the said west line of Blue Mound Road, a distance of 35.00 feet to
the POINT OF BEGINNING;
THENCE South 88'48'49"West, a distance of 10.00 feet to a point for corner;
THENCE North 1°11'11"West, a distance of 10.00 feet to a point for corner;
THENCE North 88°48'49" East, a distance of 10.00 feet to a point for corner;
THENCE South 1°11'11" East, a distance of 10.00 feet to the POINT OF BEGINNING and containing 100 square
feet or 0.0023 acres of land, more or less.
TRACT 2
COMMENCING at a 5/8-inch iron rod with cap stamped "KHA" set for the southeast corner of said Lot 4; said point
being in the west line of Blue Mound Road (a 100-foot wide right-of-way); from said point a 5/8-inch iron rod with cap
stamped"KHA"set for the southwest corner of said Lot 4 bears South 89°58'22"West, a distance of 671.89 feet;
THENCE North 1°11'11" West, along the said west line of Blue Mound Road, a distance of 116.35 feet to the
POINT OF BEGINNING;
THENCE South 89°57'27"West, departing the said west line of Blue Mound Road, a distance of 45.01 feet to a point
for corner;
THENCE North 1°11'11"West, a distance of 15.00 feet to a point for corner;
THENCE North 89'57'41" East, a distance of 45.01 feet to a point for corner in the said west line of Blue Mound
Road;
THENCE South 1°11'll" East, along the said west line of Blue Mound Road, a distance of 15.00 feet to the POINT
OF BEGINNING and containing 675 square feet or 0.0155 acres of land, more or less.
EASEMENT ENCROACHMENT
JOHN HIBBINS SURVEY
ABSTRACT NO. 638
CITY OF FORT WORTH
TARANT COUNTY, TEXAS
Kimlev))) Horn
001 Cherry Street Unit 11.It1300 Tel.No.{817)335.6511
Fort Worth,Texas 76102 FIRM#10194040 www.kimleyhom.com
Scale I Drawn by Checked by Date Aroiect No. Sheet No.
NIA CDP MCB 7/21/2021 0541860M 1 DF4
PADILLA,CAELAN 8130/2021 3:15 PM KAFTW SURVEW6 41 860 06-8 50 RAILHEADIDWG5064186006-050 RAILHEAD_ESMT ENCROACHMENT.DWG
TRACT 3
COMMENCING at the northeast corner of the previously described TRACT 2;
THENCE North 1'11" 1" West, along the said west line of Blue Mound Road, a distance of 9.00 feet to the
POINT OF BEGINNING;
THENCE South 89057'23"West, departing the said west line of Blue Mound Road, a distance of 45.01 feet to a point
for corner;
THENCE North 1°11'11"West, a distance of 10.00 feet to a point for corner;
THENCE North 89°57'32" East, a distance of 45.01 feet to a point for corner in the west line of said Blue Mound
Road;
THENCE South 1011'11" East, along the said west line of Blue Mound Road, a distance of 10.00 feet to the POINT
OF BEGINNING and containing 450 square feet or 0.0103 acres of land, more or less.
TRACT 4
COMMENCING at a 5/8-inch iron rod with cap stamped "KHA" set for the northeast corner of said 850 Railhead, LLC
tract; from said point a 1/2-inch iron rod with cap stamped "RPLS 6013 TX" bears South 89°57'30" West, a distance
of 306.55 feet;
THENCE South 1°11'11" East, along the said west line of Blue Mound Road, a distance of 92.31 feet to the
POINT OF BEGINNING;
THENCE South 1011'11" East, continuing along the said west line of Blue Mound Road, a distance of 15.00 feet to a
point for corner;
THENCE South 89°57'28"West, departing the said west line of Blue Mound Road, a distance of 45.01 feet to a point
for corner;
THENCE North 1'11'11"West, a distance of 15.00 feet to a point for corner;
THENCE North 89°57'28" East, a distance of 45.01 feet to the POINT OF BEGINNING and containing 675 square
feet or 0.0155 acres of land, more or less.
NOTES
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202)- A
survey plat of even survey date herewith accompanies this metes&bounds description.
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing
description accurately sets out the metes and bounds of the encroachment tracts.
EASEMENT ENCROACHMENT
OF JOHN HIBBINS SURVEY
E r
GISTEQ;rq ABSTRACT NO. 638
MICHAEL C. BILLINGSLEY �-
• � ':�c CITY OF FORT WORTH
REGISTERED PROFESSIONAL TARANT COUNTY, TEXAS
LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY
801 CHERRY STREET, .......................
.• •.... ....'•
UNIT 11 SUITE 1300 .4 � Kimlev))) Horn
6558
FORT WORTH, TEXAS 76102 �9` FESS����o
80i Cherry Street,Unit 11,#1300 if Tel.No.(817)335-6511
PH. $17-335-6511 �� •5 R v y Fort Worth,Texas 76102 FIRM#10194040 wwwAimley-hom.com
michael.billingsley@kimley-horn.com NIA oraDP CheGedhy Date ProieclNo. S201`4.
NIA COP MC6 712112021 064186006 20F4
PADILLA,CAFLAN 813UP2021 3:15 PM K:1FTW SURVEY5064186006-65D RAILHEAD5pWG1o64186006-850 RAILHEAT)_ESMT ENCROACHMENT.IIWG
TRACT 3
EASEMENT I
o < � ENCROACHMENT CD
r L11 L12
Y Ir o_ Q 0.0103 ACRES - P.O•B.
0 ° o �` I 450 SQ. FT. L7 L9 -rg°�' TRACT 3
i= co TRACT 2 CD
M i a ¢ I EASEMENT J L8 P.O.C.
" ¢ m ENCROACHMENT L5
� 0.0155 ACRES I
675 SQ. FT. I P.O.B.
PART OF LOT 4, BLOCK D
RAILHEAD FORT WORTH, I
PHASE ONE
(CAB. A, SL. 4358) I �`� Q
LOT 2, BLOCK 1 �_ o
850 RAILHEAD,LLC I
820 NORTH (INST. NO.D218066214)
INDUSTRIAL PARK TRACT 1 I Z
/(CAB.A, SL, 8201) S88°48'49"W D p wo
EASEMENT I 35.00, Z
ENCROACHMENT I L3 I °o
0.0023 ACRES � I W
IRSC 100 SQ. FT. )
(C.M.) L
671.89' 1 `° m v
_ 589'S8`22"W _
IRSC
(C.M.)
P.O.B. I P.O.C.
45'DRAINAGE EASEMENT I
(CAB.A,SL.2963) t
NORTH LOT 1-R, BLOCK 1 I LEGEND
820 NORTH INDUSTRIAL PARK I IRSC=518"IRON ROD WITH"KHA"CAP SET
0 20 40 (VOL. 388-137, PG. 25) I P.O.C.=POINT OF COMMENCING
801-TLING GROUP,LLC I P.O.B=POINT OF BEGINNING
GRAPHIC SCALE IN FEET (VOL.13727,PG.305) I C.M.=CONTROLLING MONUMENT
NOTES
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone(4202).A
metes& bounds of even survey date herewith accompanies this survey plat.
The undersigned, Registered Professional Land Surveyor, hereby certifies that the plat of survey accurately sets out
the metes& bounds of the encroachment tracts.
EASEMENT ENCROACHMENT
OF lF JOHN HIBBINS SURVEY
+5)1�/ 21 �Q: isa rye, ABSTRACT NO. 638
ICHAEL C. BILLINGSLEY Co' CITY OF FORT WORTH
REGISTERED PROFESSIONAL ••••••••••••......•••••.••• TARANT COUNTY, TEXAS
LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY
801 CHERRY STREET, A • 6558 Ki m I Lev* H o r n
UNIT 11 SUITE 1300 < •;�Q ?.=�
FORT WORTH, TEXAS 76102 9,y'•F S 5�a.. 0 801 Cherry Street,Unit 11.#1300 AV Tel.No.(617)335-6611
P H. 817-335-6511 S'�R E Fort Worth,Texas 76102 FIRM#10194340 www.kimley-hom.com
Scale I Draw py Checked by Date Pro�ecl Now Sheet No.
michael.biiiingsley@kimley-horn.com V=40' COP rocs 7/2112021 054166006 3oFa
PADILLA,CAELAN W3012021 3:15 PM K:SFTW SURVEYY064186D06-559 RAILHEA=WG1W4186406A50 RAILHEAD_ESMT ENCROACHMENT.DWG
NORTH
LEGEND
0 20 40 IRSC=518"IRON ROD WITH"KHA"CAP SET
P.O.C.=POINT OF COMMENCING
P.O.B=POINT OF BEGINNING
GRAPHIC SCALE 1N FEET C.M.=CONTROLLING MONUMENT
PART OF LOT 4, BLOCK D
RAILHEAD FORT WORTH, PHASE ONE
(CAB.A, SL. 4358) I
112"IRF 518"IRSC
"RPLS 6013 TX" XTO RESOURCES I,LP
(C.M.) (INST.NO.D205268110) "KHA"(C.M.)
A —
S89S8957'3�305.55'
45'DRAINAGE EASEMENT P.O.C.
(CAB.A,SL.2963)
PART OF LOT 4, BLOCK D r I
RAILHEAD FORT WORTH, PHASE ONE I NI O
(CAB.A, SL. 4358)
m
Ln F
S
850 RAILHEAD,LLC
(INST.NO. D21a066214) I z ui
U) a o
TRACT 4 I a
EASEMENT I Lu LL o
ENCROACHMENT L16
0.0155 ACRES m
LINE TABLE 675 SQ. FT.
NO. BEARING LENGTH L14
Li S88°48'49"W 10.00'
L2 501°11'11"E 10.00, I I'� P.O.
.O"B
L3 N88°48'49"E 10.00'
L4 N01°11'11"W 10.00' `
1
L5 589°57'27"VV 45.01' I
L6 N01°11'11"W 15.00' t r
L7 N89°57'28"E 45.01'
L8 S01°1i'11"E 15.00'
L9 S89°57'23'W 45.01'
1-10 N01°1111"W 10.00' j EASEMENT ENCROACHMENT
L11 N89°57'32"E 45.01' JOHN HIBB[NS SURVEY
L12 s01°11'11°E 10.00' ABSTRACT NO. 638
CITY OF FORT WORTH
L13 S01°11'11"E 15.00' TARANT COUNTY, TEXAS
L14 589°57'2$'UV 45.01' Kimle-v))) Horn
L15 N01°11'11"W 15.00'
5728"
e 801 Cherry Street,Unit 11.#1300 Tel.No.(017)3356511
L16 N89° E 45.01' Fort Worth,Texas 76102 FIRM#10194040 www.kim[ey-hom.com
Scale Drawn by I Checked by I Dale Praiecl No. Sheet No.
1"T 40' I CDP MCB 7/21/2021 1 054106006 4 OF 4
PADILLA,CAELAN 8130(2021 3:15 PM K:SFTW SURVEYL06418600&I350 RAILHEADIDWG5064186006-850 RAILHEAD_ESMT ENCROACHMENT.DWG
LEGAL DESCRIPTION
EASEMENT ENCROACHMENT
BEING a 100 square foot (0.0023 acre) tract of land (TRACT 1), a 450 square foot (0.0103 acre) tract of land
(TRACT 2), a 450 square foot(0.0103 acre)tract of land (TRACT 3) and a 675 square foot(0.0165 acre)tract of land
(TRACT 4) situated in the John Hibbins Survey, Abstract No. 638, City of Fort Worth, Tarrant County, Texas; said
tract being part of Lot 4, Block D, Railhead Fort Worth, Phase One, an addition to the City of Fort Worth according to
the plat recorded in Cabinet A, Slide 4358, Plat Records, Tarrant County, Texas; said tract also being part of that
tract of land described in Special Warranty Deed to 850 Railhead, LLC recorded in Instrument No. D218066214,
Official Public Records, Tarrant County, Texas; said tract being more particularly described as follows:
TRACT'I
COMMENCING at a 518-inch iron rod with cap stamped "KHA" set for the southeast corner of said Lot 4; said point
being in the west line of Blue Mound Road (a 100-foot wide right-of-way); from said point a 5/8-inch iron rod with cap
stamped "KHA" set for the southwest corner of said Lot 4 bears South 89058'22"West, a distance of 671.89 feet;
THENCE North 1a11'11" West, along the said west line of Blue Mound Road, a distance of 16.71 feet to a
point;
THENCE South 88a48'49" West, departing the said west line of Blue Mound Road, a distance of 35.00 feet to
the POINT OF BEGINNING;
THENCE South 88'48'49"West, a distance of 10.00 feet to a point for corner;
THENCE North 1 a11'11"West, a distance of 10.00 feet to a point for corner;
THENCE North 88048'49" East, a distance of 10.00 feet to a point for corner;
THENCE South 1011'11" East, a distance of 10.00 feet to the POINT OF BEGINNING and containing 100 square
feet or 0.0023 acres of land, more or less.
TRACT 2
COMMENCING at a 5/8-inch iron rod with cap stamped "KHA" set for the southeast corner of said Lot 4; said point
being in the west line of Blue Mound Road (a 100-foot wide right-of-way); from said point a 5/8-inch iron rod with cap
stamped"KHA" set for the southwest corner of said Lot 4 bears South 89a58'22"West, a distance of 671.89 feet;
THENCE North 1*11'11" West, along the said west line of Blue Mound Road, a distance of 116.35 feet to the
POINT OF BEGINNING;
THENCE South 89a57'27"West, departing the said west line of Blue Mound Road, a distance of 45.01 feet to a point
for corner-,
THENCE North 1 all"1"West, a distance of 10.00 feet to a point for corner;
THENCE North 89057'41" East, a distance of 45.01 feet to a point for corner in the said west line of Blue Mound
Road;
THENCE South 1°11'11" East, along the said west line of Blue Mound Road, a distance of 10.00 feet to the POINT
OF BEGINNING and containing 450 square feet or 0.0103 acres of land, more or less.
EASEMENT ENCROACHMENT
JOHN HIBBINS SURVEY
ABSTRACT NO. 638
CITY OF FORT WORTH
TARANT COUNTY, TEXAS
KirnlepoHorn
601 Cherry Street,Unit 11,N 13UG Tel.No.(517)335-6511
Fart Worth,Texas 76102 FIRM#10194040 www.kimley-hom.com
Scale I Drawn by I Checked by !)ale I Proiecl Na. I Shee1 No.
NIA CDP MCD I 712112021 0641B6006 1OF4
PAOILLA,CAELAN 7I2112021 4:DD PM K:IFTW SURVEY%O64186DD5-85D RAILHEADIDWGIC64186OD5-650 RAILHEAD ESMT ENCROACHMENT.D WG
TRACT 3
COMMENCING at the northeast corner of the previously described TRACT 2;
THENCE North 1'11'11" West, along the said west line of Blue Mound Road, a distance of 14.00 feet to the
POINT OF BEGINNING;
THENCE South 89°57'23"West, departing the said west line of Blue Mound Road, a distance of 45.01 feet to a point
for corner,
THENCE North 1'11'11"West, a distance of 10.00 feet to a point for corner;
THENCE North 89°57'32" East, a distance of 45.01 feet to a point for corner in the west line of said Blue Mound
Road-,
THENCE South 1°1 V11" East, along the said west line of Blue Mound Road, a distance of 10.00 feet to the POINT
OF BEGINNING and containing 450 square feet or 0.0103 acres of land, more or less.
TRACT 4
COMMENCING at a 5/8-inch iron rod with cap stamped "KHA"set for the northeast corner of said 850 Railhead, LLC
tract; from said point a 1/2-inch iron rod with cap stamped "RPLS 6013 TX" bears South 89°57'30" West, a distance
of 305,55 feet;
THENCE South 1'11'll 1" East, along the said west line of Blue Mound Road, a distance of 137.25 feet to the
POINT OF BEGINNING;
THENCE South 1011'11" East, continuing along the said west line of Blue Mound Road, a distance of 15.00 feet to a
point for corner;
THENCE South 89°57'09"West, departing the said west line of Blue Mound Road, a distance of 45.01 feet to a point
for corner;
THENCE North 101111"West, a distance of 15.00 feet to a point for corner;
THENCE North 89°57'24" East, a distance of 45.01 feet to the POINT OF BEGINNING and containing 675 square
feet or 0.0155 acres of land, more or less.
NOTES
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202). A
survey plat of even survey date herewith accompanies this metes& bounds description.
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing
description accurately sets out the metes and bounds of the encroachment tracts.
7�7_/, ��
EASEMENT ENCROACHMENT
!! OF JOHN HIBBINS SURVEY
!zl P T.
��;.• o�sroq� ABSTRACT NO. 638
MICHAEL C. BILLINGSLEY •: CITY OF FORT WORTH
REGISTERED PROFESSIONAL TARANT COUNTY, TEXAS
LAND SURVEYOR NO. 6558 MICHAEL CLEO B11 L GSL
801 CHERRY STREET, Kimlev* Horn
UNIT 11 SUITE 1300 ' �O 6558 `'•'
FORT WORTH, TEXAS 76102
�/ „••• ,,. `.` 601 Cherry Street,Emit 11,01 000 1 Tel.No.(817)395-6511
PH. 817-335-6511 Q S U R y Fort Worth,Texas 76102 FIRM R 10194040 www.kimley-horn corn
miehael.billingsley@kimley-horn.eom Scale Dra.b I Checked by I Cate ProiectNo, Sheet No.
NIA CUP MCB 7/2112021 064186006 2 OF 4
PADILLA,CAELAN 7l2112021 4:00 PM K WTW SURVEY1064186006-850 RAILHEADIDWG40641860W-850 RAILHEAD—ESMT ENCROACHMENT.DWG
' TRACT 3
W EASEMENT k
a ENCROACHMENT , L11 L12
Y � aE 0 0.0103ACRES P•o•B•
o o N 450 SQ. FT. L9 14.00'
w o ¢ I TRACT 2 L7 r� TRACT 3
_ o I EASEMENT L8
o co ENCROACHMENT
I L5 P.o.C.
0.0103 ACRES P.0.B.
450 SQ. FT.
PART OF LOT 4, BLOCK D k
RAILHEAD FORT WORTH, k I
PHASE ONE I k d r
(CAB. A, SL.4358) k o
LOT 2, BLOCK 1 F LL
$20 NORTH 850 RAILHEAD,LLC I O
INDUSTRIAL PARK (INST.NO.D218066214) I
CAB_A, SL. 8201
( ) TRACT 1 388'48'49'W z o W
EASEMENT k 35,00,
ENCROACHMENT 1 L3 k u
0.0023 ACRES J k W a
IRSC 100 SQ. FT. `-- D Q
(C.M.) L1 SO In
$W58'22•W 671.89' _
k IRSC
k (C.M.) P.O.C.
P.o.B. k
45'DRAINAGE EASEMENT
(CAB.A,SL.2963)
NgRTH LOT 1-R, BLOCK 1 k LEGEND
820 NORTH INDUSTRIAL PARK IRSC=518"IRON ROD WITH•KHA'CAP SET
0 20 40 (VOL. 388-137, PG.25) k P.O.C.=POINT OF COMMENCING
BOTTLING GROUP,LLC k P.O.B=POINT OF BEGINNING
GRAPHIC SCALE IN FEET (VOL.13727,PG.305) I C.M.=CONTROLLING MONUMENT
NOTES
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zane(4202). A
metes &bounds of even survey date herewith accompanies this survey plat.
The undersigned, Registered Professional Land Surveyor, hereby certifies that the plat of survey accurately sets out
the metes& bounds of the encroachment tracts.
EASEMENT ENCROACHMENT
�E 0 F
� JOHN HIBBINS SURVEY
•��tsT�, F+yP ABSTRACT NO. 638
ICHAEL C. BILLINGSLEY CITY OF FORT WORTH
REGISTERED PROFESSIONAL ••••.......••••••••••••••••• •• TARANT COUNTY, TEXAS
LAND SURVEYOR NO.6558 MICHAEL CLEO BILLINGSLEY
801 CHERRY STREET, •:_. A 6558 Kimlev))) Horn
UNIT 11 SUITE 1300 •,� a
FORT WORTH, TEXAS 76102 9y''�FSS��''y� 801CherrysueeGUnit ii.aiaoo reLNo.(a17)a366511
PH. 817-335-6511 D 3 �'R E Fort Worth,Texas 75102 FIRM#10194040 v ,kirnley-homzorn
Scale I Dravm_bY I Checked by Date Project No. Sheet Ne.
michael.billingsley@cimley-hom.com 1•=40' CDP MC9 71212021 064186006 30F4
PADILLA,CAELAN M112021 418 PM K:1FTW_SURVEY50641 65006-6 50 FWLHEADIDWG1064186006.850 RAILHEAD_ESMT ENCROACHMENT.DWG
�30RTH
LEGEND
0 20 40 IRSC=516"IRON ROD WITH"KHA"CAP SET
P.O.C.=POINT OF COMMENCING
P.O.B=POINT OF BEGINNING
GRAPHIC SCALE IN FEET C.M.=CONTROLLING MONUMENT
I
PART OF LOT 4, BLOCK D I
I RAILHEAD FORT WORTH, PHASE ONE
(CAB. A, SL.4358) I
1!2"IRF 518"fRSC
"RPLS 6013 TX" XTO RESOURCES I,LP
(C.M.) (INST.NO.D205268110) I "KHAN!"(C.M.)
S89-57'30"0 305.55' +
P.O.C.
45'DRAINAGE EASEMENT
(CAB.A,SL.2963) ,
I Q
I p
O
lit
PART OF LOT 4, BLOCK D Z z
RAILHEAD FORT WORTH, PHASE ONE : ¢ n
(CAB. A, SL.4358) I r� °c
I w 20
850 RAILHEAD,LLC I TI u{ " 0
(INST.NO.D218066214) o
m
LINE TABLE
NO. BEARING LENGTH TRACT 4 I
L1 S88°48'49"W 10.00' EASEMENT
L2 501°11'11"E io.00' ENCROACHMENT P.O.B.L16 I
L3 N88°46'49"E 10.00' 0.0155 ACRES
co
675 SQ. FT.
L4 N01°11'11'W 10-00' L14
L5 S89°57'27'W 45.01' `
L6 N01'11'11"W 10.00' l
L7 N89°57'41"E 45.01'
L8 S01'1111"E 10.00,
L9 S89'57'23"W 45.01'
L10 j Not'11'11"W 10.00' j EASEMENT ENCROACHMENT
L11 N89°57'32"E 45.01' JOHN HIBBINS SURVEY
ABSTRACT NO. 638
L12 S01'11'11"E 10.00, CITY OF FORT WORTH
L13 S0111'11"E 15.00' TARANT COUNTY, TEXAS
Li 4 S89°57'09"W 45.01' Kimley* Horn
L75 N01°11'11"W 15.00'
L15 N89°57'24"E 45.01' 001 Cherry Street,Unit 11.#1300 Tel.No.(817)335-6511
Fort Worth,Texas 76102 FIRM#10194040 wym.kimley-hom.com
Scale ❑r, awn by Checked by Date Proiecl No. Sheet No.
-j
1"=44' COP MCB 712112021 06418606 4OF4
PADILLA,CAEIAN 7/21/2021 4:20 PM K:WTW_SURVEY1064186006-850 RAILHEADWWG1064186006-850 RAILHEAD_ESMT ENCROACHMENT.DWG
EXHIBIT B
Depiction of the Public Property
Tier 11 Easement Encroachment
Agreement Page 12 of 14
PN21-00104 Revised 11/2020
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EXHIBIT C
Depiction and description of the Encroachment
Tier II Easement Encroachment
Agreement Page 13 of 14
PN21-00104 Revised 11/2020
z
O
E � p
O
+ ' GRAPHIC SCALE IN FEET
0 10 20 40
PROPOSED 49"
PRIVATE STORM LINE
ENCROACHMENTAREA
___ PROPOSED 2-54" —
ws PUBLIC STORM ONES
o
yi a
LIMITS OF
FLOODPLAIN °
p
--GAS
v Xo° °
a-
,r ss ia.s m^SS (j)
3 Kimley>»Horn
E RAILHEAD HOLT LUNSFORD 801 Cherry St.Unit 11,suite 1300
V'n 805 Railhead Road Fort Worth,Texas 76102
Fort Worth,Texas
ENCROACHMENT 1 Phone;(817)339-2294
State of Texas Registration No.F-926
z Da
E GRAPHIC SCALE IN FEET
0 10 20 40
H --- - --- W ------ --
10.{TPROPOSED 2-54"
a PUBLIC STORM LINES—
1+00^
y� PRIVATES"WATERLINE _ —a- PRIVATE 6"SANITARY SEWER'
0
y PUBLIC 45'DRAINAGE EASEMENT
_..
EX.GAS 6"MAIN
20'SARNETT GATHERING, — --—
LP EASEMENT
GAS
6"s RIGHT 10 OF —
- — —
w - WAY EASEMENT
ENCROACHMENTAREAAl
---
a w _AL._.— 55 SALT Sa.�L. - —.-- -
-_ cep-. - — c6 ?,..-_..._. -- L PROPERTY LINE caL cagy--
»a - .....
f" 16'• 16 W Is"W 16'
E Kimley*Horn
RAILHEAD HOLT LUNSFORD 801 Cherry St.Unit 11,suite 1300
V'E 805 Railhead Road ENCROACHMENTS 2 & 3 Fort Worth,Texas 76102
%^ Fort Worth,Texas Phone:(817)339-2294
State of Texas Registration No.F-928
I Z
—._
g
— '' - - - ENCROACHMENTAREA
e ------ ----
--- ------- y --
=� R E IN FEET
PROPOSED 2-54" — �� 20 4p
_ 4+0 -PUBLIC STORM LINES —
R -
PRIVATE B"WATER LINE
- -- °� PRIVATE 2"WATER LINE _
E PUBLIC 45'DRAINAGE EASEMENT — — 4 — — ——
as 20'BARNETT -
;� GATHERING,LP -----� --- — J -
EASEMENT ... `� - 6A,
GAS
- - 14'RIGHT OF
WAY EASEMENT - T
—— EX. S B"M41N�,-- _
-
�e
i 8 pl SS.,OL B8..BL 55„Qt Ss„OL SS,.OL 6S AL -_FS,A4 —
# GBL---...r CBL—
U m BL —.._�' C8L—...�.,— CBL �
yY 18"W TV'W r8"W . .. 1o'W - le"'- .._W 'IBA Yr '- -16"W�
PS
ZZ
} Kimley>>>Horn
RAILHEAD HOLT LUNSFORD S01 Cherry St.Unit 11,Suite 1300
BOS Railhead Road Fort Worth,Texas 76102
Fort Warth,Texas
ENCROACHMENT 4 Phone:(817)339-2294
State of Texas Registration No.F-928
s cn aches i U i U
ooT 4, a ocx D
' RA!HF�4D F�RT WO TH j ,�---
PHAS
CABINET A,�SLIDE 4 S8 � $ �
E B
114A O SF
FF-6 2.50 4
N. 7 25
�s 26 BUILDING LINE
(VOL.12418,PG.1680)
45'DRAINAGE EASEMENT FF
(CAB.A,SL.2963) LIMITS I �I
P PROP PRO OSED ENCROACHMENT 1 10'RIGHT-OF-WAY OF
1 F EASEMENT FLOODPLAIN 45
(CAB.A,SL 4358) DRAINAGE
us EASEMENT
a^ LIMITS _ -- --- -- -- i — ��(CAB.A,SL --
-_FLQQDPLAIN — 2963) — --
aOF
9 _
�N - 5—_—_ -ems--
GAS. .. O — -
_ TxDOT R O.
�9 is-w 16"W 16• W 1B" 76 _.. _ 16' W lfi•'W
- - - - BLUE MOUND ROAD
w 5 PROPOSED ENCROACHMENTS 2&3 EX.GAS 6"MAIN PROPOSED
na 20'BARNETT GATHERING,LP EASEMENT ENCROACHMENT4 FM ROAD NO.156
{INST.NO.0207308711} - - - - (A 100-FOOT WIDE RIGHT-OF-WAY)
9 GRAPHIC SCALE IN FEET
0 50 100 200
a„
x._
Z
O
z Kimley>»Horn
RAILHEAD HOLT LUNSFORD 801 Cherry St.Unit 11,Suite 1300
UZ
805 Railhead Road Fart Worth,Texas 76102
Fart Worth,Texas Phone:(817)339-2294
r� ENCROACHMENT LJMiTS State of Texas Registration No.F-928
EXHIBIT D
Certificate of Insurance
Tier II Easement Encroachment
Agreement Page 14 of 14
PN2I-00104 Revised 11/2020