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HomeMy WebLinkAboutContract 57593 Date Received: 05/24/2022 Record Number: PN22-00026 Time Received: 10:08 AM City Secretary No.: 57593 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER II 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 CSH Vault Holdings, LLC, a(n) Texas limited liability company ("Licensee"), acting by and through its duly authorized President. RECITALS WHEREAS, Licensee is the owner of the real property located at 2601 Avenue J, Fort Worth, Texas 76105 ("Property"), being more particularly described in the attached Exhibit "A" which is incorporated herein for all purposes; and WHEREAS, the City owns a storm drains 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-22-025; 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 water lines (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 the OFFICIAL RECORD Tier II Easement Encroachment Agreement Page 1 of 13 PN22-00026 CITY SECRETARY Revised 11/2020 FT.WORTH, TX 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 Tier II Easement Encroachment Agreement Page 2 of 13 PN22-00026 Revised 11/2020 duly authorized representative. Any such removal of the Encroachment shall be in accordance 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 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 both the Encroachment and the public purpose. Tier II Easement Encroachment Agreement Page 3 of 13 PN22-00026 Revised 11/2020 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 "C." The amounts of such insurance shall be not less than S 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" 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. Tier II Easement Encroachment Agreement Page 4 of 13 PN22-00026 Revised 11/2020 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-party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. 16. Tier II Easement Encroachment Agreement Page 5 of 13 PN22-00026 Revised 11/2020 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] Tier II Easement Encroachment Agreement Page 6 of 13 PN22-00026 Revised 11/2020 City: Licensee: CITY OF FORT WORTH CS11 Vault Holdings, LLC a Texas limited liability company By:�.,-:r all 1.ay]i7,702210:31 CDT] y; D.J. Harrell, Director of the Nate: Russ Michael Development Services Department Title: President Date: May 20,2022 Date: ' ATTEST: Approved As To Form and Legality J--Ltea 1—u S_Goac1a11 Javve[Se S.Gov Hall(May 21.202'.06.54 LU" Jannette Goodall Thomas Royce Hansen City Secretary Assistant City Attorney Date: May 21,2022 Date: May 20,2022 a *� .P' FaRApiaY{�� 00oo 0 Contract Compliance Manager: �� *0000000o0ICY By signing I acknowledge that [ am the person �aa n�Xp5d responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements_ 7suria Sc4rLS'f MnrAI(Jk .anie Sca•.e-t Nlcra.es(play K.20-12 10.23 CCTI Janie S. Morales Development Services Date- May 20,2022 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX 'Her 11 Easement Encroachment Agreement Page 7 of 13 PN22-00026 Revised 1112020 I its) 1 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 20th day of May ,20 22 . Wendy L. Digitally signed by Wendy Bea dslre NARY pue W E N DT L B EA R D S L E E Beardslee Date;202105.2614155:50-0500' z Notary Public ��Uto + STATE OF TEXAS .D. 13323719-3 Notary Public in and for the State of Texas My Comm.Notary l Exp. July 28, 2025 After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Tier II Easement Encroachment Agreement Page 8 of 13 PN22-00026 Revised 11/2020 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Tl<.tiA-5 , on this day personally appeared Russ Michaels, President 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 CSH Vault Holdings, LLC, a Texas limited liability company (entity type), and in the capacity therein stated. GIVEN LINT)ER MY HAND AND SEAL OF OFFICE this /fy'day of dl�-, . 24L72- r ELt2A9ETHT1L A IC Nota Public in and for the 0013316�7614 State of OFFICIAL RECORD CITY SECRETARY FT WORTH,TX Tier 11 Easement Encroachment Agreement Paze 9 of 13 PN22-U0026 Revised 11/2020 EXHIBIT A Legal Description of the Licensee's Property BEING 3.77 acres situated in the JOHN RINGER SURVEY, Abstract No. 1286, City of Fort Worth, Tarrant County, Texas, being all of that certain tract of land described in deed as Tract 111, recorded in Instrument Number D204217314, County Clerk's Records, Tarrant County, Texas, said 3.77 acres being more particularly described as follows: BEGINNING at a 5/8-inch capped iron rod found stamped "Proline" at the northeast corner of former Block 64, now vacated, of Polytechnic Heights Addition,to the City of Fort Worth, as recorded in Volume 63, Page 109, Plat Records, Tarrant County, Texas and being the intersection of the south line of Avenue I and the west line of Conner Avenue; THENCE South 00 degrees 40 minutes 12 seconds East, along the west line of said Conner Avenue, a distance of 265.91 feet to a set 5/8-inch capped iron rod found stamped "Praline" at the southeast corner of said Tract Ill and being the intersection of the west line of said Conner Avenue and the north line of Avenue J; THENCE South 89 degrees 53 minutes 15 seconds West, along the north line of said Avenue J, a distance of 416.92 feet to a set 5/8-inch capped iron rod found stamped "Proline"; THENCE North 85 degrees 59 minutes 03 West continuing along said north line, a distance to a set 5/8-inch capped iron rod for corner; seconds West, of 102.22 feet to a 5/8-inch capped iron rod found stamped "Proline" THENCE South 89 degrees 35 minutes 33 seconds West, continuing along said north line, a distance of 50.07 feet to a 5/8-inch capped iron rod found stamped "Praline" at the most southerly southwest comer of the herein described 3.77-acre tract; THENCE North 37 degrees 53 minutes 09 seconds West, a distance of 142.79 feet to a 5/8-inch iron rod found in the east line of South Beach Street, being the beginning of a curve to the left, whose radius is 1512.70 feet and whose long chord bears North 12 degrees 44 minutes 34 seconds E, a chord distance of 145.81 feet; THENCE along the east line of said South Beach Street and along said curve,through a central angle of 05 degrees 31 minutes 30 seconds, an arc distance of 145.87 feet to a 5/8- inch iron rod found at the northwest corner of said Tract Ill and being in the south line of Avenue J; THENCE North 89 degrees 32 minutes 24 seconds East, along the south line of Avenue J, a distance of 621.40 feet to the POINT OF BEGINNING and containing 3.77 acres (164,129 square feet) of land, more or less. Tier II Easement Encroachment Agreement Page 10 of 13 PN22-00026 Revised 11/2020 I I+ i t A { _Ilk *6 i APPROACHMENT AGREEMENT 4b4. rp ■h . . r _ IF iL +, ................................. 5735 .5 S r USE OF THIS ELECTRONIC SEAL/SIGNA7URF AUTh OR ZED BY CNARLES F. 5TARK P.A. XAS REC15MTIDN NO. 57W7 Barron-Stark VICINITY MAP PRUM w 346-%7' DATE: 0I�Ie�2pY2 627, SOAhW r�d sal. ,ad AVENUE at SYCAMORE PARK sKET ;a�e"i23,.s,0o T m a,,.231J M 2601 AVENUE 7 xx r ,o; FORT WORTH, TARRANT COUNTY, TEXAS ...6�roa.IvR.com EXHIBIT B Depiction of the Public Property Tier II Easement Encroachment Agreement Page 11 of 13 PN22-00026 Revised 11/2020 El lir $ fs I Of I I i M 5 it!. N j!1T ] 211 iti Im' t a w 3! w'RUI'e f 2S t I$ I � I'•. i, rK r q I �� I �g i � 6If RpW �yI✓♦ I i I I Lr,�� '" I 9 L-• � I I ����a — s DdaRaw%fF- t 3. e #■ f g''1 i�' � � �=° s 8 ppi ai•� R-ii F i apapiu� v � a � � a<� 9 0 iBEEii €; tip � 4 € - " aka �• r7 . �t¢ Z Will b � Ei€1a�-5 C � pit g' �� �s :�fp: a �e •t ' S I ��� ��$�� 'a��R p�S OluM Ei€4 a c gq�- a5i1 f" I � .� �i ��! Iola N1� �f pIp��4 pS�� Y'��gi�� �S�' F�• N� � �2 �•3$�6"2��� ME3Nl9f; a Srm 1s�ig$$ 1 on ��� !r C � -_�.. � it •�$ �F s[ gr� �� �� � �[� ��C ���g x a l � y d �pj y r a i� yf FS Y 1 C ��1 � n�•t IE r e mvp �G� N 9 Ee- is g= i ■ 6 �rJ' j irk N �Q4E5 `I EXHIBIT C Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page 12 of 13 PN22-00026 Revised 11/2020 LEGAL. DESCRIPTION h` 1 ENCROACHMENT AGREEMENT I AVENUE AT SYCAMORE PARK I I BEING 300 square feet of load situated in Block 64, POLYTECHNIC HEIGHTS ADDITION, an Addition I I GRAPHIC SCALE 1'=2n' to the City of Fort Worth, Torront County, Texas, according to the Plot recorded in Volume 63. I Page 109, Deed Records, Torront County, Texas and being a portion of that certain tract of land I described in deed as Tract 111, recorded in Instrument Number 0204217314. County Clerk's 1 20 D 20 40 Records, Tarrant County, Texas, being more particularly described, as follows: I` I C �f COMMENCING at a 5/8'capped iron rod found stomped "Prollne being at the intersection of the north line of line of Avenue J (a 60' Right-of-Way) with the west line of Conner Avenue (a 50' �• Right--of-way) and also being the southeast corner of said deed j D204217314; THENCE N 00'40'12" W, along the west line of said Conner Avenue. ❑ distance of 37.34 feet to ❑ 1 point for a corner I � THENCE S 89'35'59" W, leaving said west line of said Canner Avenue. a distance of 20,74 feet l to the POINT OF BEGINNING; THENCE 5 89'35'59" W. ❑ distance of 15.00 feet to a point for ❑ corner; I [ I I THENCE N 00'24'01" W, a distance of 20,00 feet to a point for ❑ corner; I I THENCE N 80'35'59° E, a distance of 15.00 feet to o point for o corner; 1 1 I Ln I THENCE S 00'24 OT' E, o dlstance pf 20.00 feet to the POINT OF BEGINNING and containing .300 square feet of land, more or less. I " � Cr ct 1 1 a I W d 4 W I I _ c Q F- I W 7 7 I I Z 1 Z o i w wv: N w N89'35'59T 15.00, ]I 48" STORM _ ��.,I CDLn ■/ (PUBLIC) o oj� I N I 0 1 1 ■ ry �i i 1 IC) 15.00' 20.74'_ I i r__— ———— S89'35'59`W S89'35'S9' a { � I 1 POB w w � r I ! -41 1--- ----------- — al °°• °CHARLES°aF.° STARK — — .E +7���,oe 57357 ° �� G�STER.G��� c) �� �s a AVENUE J � �°.�¢2 TPRC22-0428 a USE 4F THIS ELECTRONIC SEAL/SIGNATURE l_PN I03804 [ AUTHORIZED BY CHARLES F. STARK, P.E. TEXAS REGISTRATION NO. 57357 0 300 SQUARE FEET ENCROACHMENT EXHIBIT PRoxcr NO. MIS-9671 Barron-StarkLtigieery PRIVATE WATER IN PUBLIC DRAINAGE EASEMENT DATE: 04/0112�s Cxzp�inrrr 5221 souttrrast sated.swe <aa AVENUE at SYCAMORE PARK SKV Farr Worth Teem 76 t'J2 (o} dtr�sf siaa (r) B17Z31 8l14 240I AVENUE 1 1 OF i s `i"toi FORT WORTH- TARRANT COUNTY, TEXAS ...-eavronsierk-�om LEGAL. DESCRIPTION h` 1 ENCROACHMENT AGREEMENT I AVENUE AT SYCAMORE PARK I I BEING 300 square feet of load situated in Block 64, POLYTECHNIC HEIGHTS ADDITION, an Addition I I GRAPHIC SCALE 1'=2n' to the City of Fort Worth, Torront County, Texas, according to the Plot recorded in Volume 63. I Page 109, Deed Records, Torront County, Texas and being a portion of that certain tract of land I described in deed as Tract 111, recorded in Instrument Number 0204217314. County Clerk's 1 20 D 20 40 Records, Tarrant County, Texas, being more particularly described, as follows: I` I C �f COMMENCING at a 5/8'capped iron rod found stomped "Prollne being at the intersection of the north line of line of Avenue J (a 60' Right-of-Way) with the west line of Conner Avenue (a 50' �• Right--of-way) and also being the southeast corner of said deed j D204217314; THENCE N 00'40'12" W, along the west line of said Conner Avenue. ❑ distance of 37.34 feet to ❑ 1 point for a corner I � THENCE S 89'35'59" W, leaving said west line of said Canner Avenue. a distance of 20,74 feet l to the POINT OF BEGINNING; THENCE 5 89'35'59" W. ❑ distance of 15.00 feet to a point for ❑ corner; I [ I I THENCE N 00'24'01" W, a distance of 20,00 feet to a point for ❑ corner; I I THENCE N 80'35'59° E, a distance of 15.00 feet to o point for o corner; 1 1 I Ln I THENCE S 00'24 OT' E, o dlstance pf 20.00 feet to the POINT OF BEGINNING and containing .300 square feet of land, more or less. I " � Cr ct 1 1 a I W d 4 W I I _ c Q F- I W 7 7 I I Z 1 Z o i w wv: N w N89'35'59T 15.00, ]I 48" STORM _ ��.,I CDLn ■/ (PUBLIC) o oj� I N I 0 1 1 ■ ry �i i 1 IC) 15.00' 20.74'_ I i r__— ———— S89'35'59`W S89'35'S9' a { � I 1 POB w w � r I ! -41 1--- ----------- — al °°• °CHARLES°aF.° STARK — — .E +7���,oe 57357 ° �� G�STER.G��� c) �� �s a AVENUE J � �°.�¢2 TPRC22-0428 a USE 4F THIS ELECTRONIC SEAL/SIGNATURE l_PN I03804 [ AUTHORIZED BY CHARLES F. STARK, P.E. TEXAS REGISTRATION NO. 57357 0 300 SQUARE FEET ENCROACHMENT EXHIBIT PRoxcr NO. MIS-9671 Barron-StarkLtigieery PRIVATE WATER IN PUBLIC DRAINAGE EASEMENT DATE: 04/0112�s Cxzp�inrrr 5221 souttrrast sated.swe <aa AVENUE at SYCAMORE PARK SKV Farr Worth Teem 76 t'J2 (o} dtr�sf siaa (r) B17Z31 8l14 240I AVENUE 1 1 OF i s `i"toi FORT WORTH- TARRANT COUNTY, TEXAS ...-eavronsierk-�om LEGAL DESCRIPTION ENCROACHIA04T AGREEMENT GRIN 103804 2601 AVENUE J — SYCAMORE PARK i BEING 225 square feet of land situated in Block 64, POLYTECHNIC HEIGHTS ADDITION, on Addition GRAPHIC SCALE to the City of Fart Worth,Tanont County, Texas, according to the Plot recorded in Volume 63, Pu a 109, Deed Records.Torrgni Count,Texas qnd being portion of that certain tract of land 9 Y 9 a Po � described in deed as Tract III, recorded in Instrument Number D204217314, County Clerk's I 40 C 40 Retards.Tarrant County. Texas, being more particularly described, as follows: II{ � I COMMENCING at a 5/8'capped iron rod found stamped'Pr4ne•being at the intersection of the north line of Tine of Avenue J (o 60' Right—of—Woy) with the rest line of Conner Avenue(a 50' Ln/ Right—of—way) and also being the southeast corner of said deed # 0204217314; � E THENCE N 00'40'23•W. along the west lire of said Conner Avenue. a distance of 39,84 feet to a I point for a corner THENCE 5 W35'59' W, leaving sold west line of said Conner Avenue, o distance of 20.73 feet to the POINT OF BEGINNING; I n THENCE S OT35'59• W, a distance of 15.D0 feet to a pant for a corner; I ` THENCE N 00'24'01"W. a distance of 15.00 feet to a poirR for a Corner; � THENCE N 8735'59' E, a distance of 15,00 feet to o point for a corner; x THENCE 5 00'24'01•E, a distance of 15,00 feet to the POINT OF BEGINNING and containing 225 square Feet of land, more or less. Ln C] W 3 I � 3 3 I xI 0 w N 3 I/WV N W W r/1 w w w v I om N89'35'59E I ol'n pl o rr1 15.00' _20.73' l n i ,r-- ---- ---- 58935'59"W 589'35'59,w POB w ,��— — ------- — _ PEE OF TF+ — is .. ; . .......................:.... *EH EES F. STARK 57,357 nF'SS•..ST ST .....•••�G � L _ d AVENUE J USE OF THIS ELECTRIC SEAL/SIGNATURE AUTHORIZED BY CHARLES F. STACK, P.E. 1 AS REGISTRATION NO. 7357 0 225 SQUARE FEET ENCROACHMENT EXHIBIT No. 34&-%71 Barron-Stark STORM 7�,{ DRAIN F.ronocrs S 1 ORM �JitAI DkTU 01/senon 6221 Smtm re IIdu4Ward.svb 10a AVENUE at SYCAMORE PARK l,EEr Fort tt'crth Texas 76,32 Tay ev.ss,.e,00 (F) a+r,s31.0144 2601 AVENUE 7 R=%ghtwed Er4mermg Fem F-10191 reams rrev eed wine=F.m F-10r6e6a1 FORT WORTH, TARRANT COUNTY, TEXAS XX wwx.earrw:Carr.cam *70 G O .m= GRAPHIC SCALE vm m YAl1 E VE loommor— VE UE UE UE UE UE J 40 0 40 �c G STA: 34+00.00 PUBLIC STORM 6' MANHOLE I v II TOP— 568.40 / FL= 562.50 li,� r .,�■ # ' m 3 lz O Y I'p xl 0 STA: 33+80.04 N CV PUBLIC STORM j EXIST 30" CONC. J, 48'x24" wrE STORM PIPE `I•�y a STA: 33+69.10 - _ TO BE REMOVED PUBLIC STORM i 48'x24" WYE STA: 32+30.86 PUBLIC STORM ll_� 6' MANHOLE TOP- 566.49 a rL- 560.20 ■ uw - W --------r ----- f4HORZ- 33+30.95 ■ 33+OQ LIC STORM — — — BEND --} I STA: 31+91-59 PUBLIC STORM 15' ❑RAINAGE � W 3 4'X4' DROP INLET . ■ I I EASEMENTTHROAT= 565.84 rL= 559.71 15'x15' } ---- I W STA:�33415�15 ENCROACHMENT -o_ PUBL h 4 D Jill ■ / '. CIO 1�x. I I � AVENUE J SIZE CHANGE ��• •• V 30' RCP TO 36' RCP •CHARLES F. STARK57357 �' _ -- - - - - F � •' c o,�,•;AFC!ST ��'q•\`a� — — ——� �oNE S Ca SIONAL d USE OF THIS ELECTRONIC SEAL/SIGNATURE AUTHORIZED BY CHARLES F. STARK, P.E. AS RE(ASTRATION NO. 57357 0 PLAN EXHIBIT Barron-Stark Frwncrs STORM DRAIN DUE: 01/11/m 6221 Smtm re kuWnard.Sob,06 AVENUE at SYCAMORE PARK l,EEr Fort ftrlrt Tema 76,32 (fl) 617.2s1.6,00 (F) a+r,231.0144 2601 AVENUE 7 fdm fy6?i0ved Fiq�amq Frm F-10W xx r.�s reotle ee s Fl m r-,crseeoa FORT WORTH, TARRANT COUNTY, TEXAS xwx.earrw+stark.mm m 00 v a a rci o w o m M N n II M II a v~i of N N GRND 5'• EX GRND � � 570 5YR HGL � RCP 4 2�fi% ._ r 39 L.F. r 48" RCP 10a L.F. 48" RCP O.500� r a 0.500% 30" 560 0 2-�1% ,,, o 560 in + Lo N r•+j s 7 Y Q ro x �_ II PRNATE 4" JPRto L'j NATE V ")N n� V~i Lei rn WATER LINE WATER LINE r+j o �i CROSSING CROSSING r7 1 L z omo, a• v Fur II 0w Q o p _ x rf to N "� to _ "�rcv Ln nU �,jU +W �+'W M. N t ox a x In � n en� 1n SCALE ER. 1•= 4' 550 DR 1'=40' 550 31+50 32+00 33+90 34+00 34+25 48" PUBLIC STORM S�OT .CHARLES F. STARK e......57357......:��.. /ONAL d p USE OF THIS ELECTRONIC SEAL/SIGNATURE AUTHORIZED BY CHARLES F. STARK, P.E. TEXAS REGISTRATION NO. 57.357 0 PROFILE EXHIBIT ft 34& Barron-Stark Froncrs STORM DRAIN DUE: 01/20 6221 Smtm re kuUrafd.Sob 106 AVENUE at SYCAMORE PARK l,EEr Fort Wcrth Tema 76,32 (0) 617.2s1.61 00 (F) a+r•231.0144 2601 AVENUE 7 fdm fyN?i0ved Fi¢�amq Frm F-10W xx Fl m r-1ar6m FORT WORTH, TARRANT COUNTY, TEXAS xwx.earrw+stark.mm EXHIBIT D Certificate of Insurance Tier II Easement Encroachment Agreement Page 13 of 13 PN22-00026 Revised 11/2020