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HomeMy WebLinkAboutContract 57928 Date Received: 08/01/2022 Permit Number: PN21-00171 Time Received: 12:37 pm City Secretary No.: 57928 PUBLIC PROPERTY RIGHT-OF-WAY ENCROACHMENT LICENSE AGREEMENT TIER I 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 EMF Panther Island, LLC, a(n) Delaware limited liability company ("Licensee"), acting by and through its duly authorized Signatory. RECITALS WHEREAS, Licensee is the owner of the real property located at 401 — 447 North Main Street, Fort Worth, Texas 76164 ("Property"), being more particularly described in the attached Exhibit"A" which is incorporated herein for all purposes; and WHEREAS, the City owns rights-of-way (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 FS-20- 076; 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 an awning over pedestrian exit door at the parking garage, a parking dot/blade sign over garage opening, 5 planters, 34 trees, 5 benches and 3 trash receptacles (the "Encroachment"). Upon completion of the Encroachment, Licensee OFFICIAL RECORD Tier II ROW Encroachment Agreement Page 1 of 14 CITY SECRETARY vised 11/2020 FT. WORTH, TX agrees to be responsible for maintaining the Encroachment within the Public Property. Licensee shall not expand or otherwise cause 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 Tier II ROW Encroachment Agreement Page 2 of 14 Revised 11/2020 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 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 ROW Encroachment Agreement Page 3 of 14 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 HIND 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 $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 ROW Encroachment Agreement Page 4 of 14 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 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 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 ROW Encroachment Agreement Page 5 of 14 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 Tier II ROW Encroachment Agreement Page 6 of 14 Revised 11/2020 [SIGNATURES APPEAR ON FOLLOWING PAGE] Tier II ROW Encroachment Agreement Page 7 of 14 Revised 11/2020 City: Licensee: CITY OF FORT WORTH EMF Panther Island, LLC a Delaware limited liab'2� ilit co pany B y�H a rrel I(J u 129,2022 10:32 CDT) B y: D.J. Harrell, Director of the Name: Charlie Keels Development Services Department Title: Authorized Signatory Date: Jul 29, 2022 Date: —1\- 1%1\zz ATTEST: Approved As To Form and Legality .7e?ee&e9 S 6xde?1,,' Jannette S.Goodall(Aug 1,202211:04 CDT) Jannette Goodall, Thomas Royce Hansen City Secretary Assistant City Attorney Ordinance No. 24161-04-2020 Date: Aug 1, 2022 Date: Jul 27, 2022 b a°�° oR r�a��� 00 v�g °�►.�dd Contract Compliance Manager: .U o0 0=� By signing I acknowledge that I am the person '�00 *� responsible for the monitoring and administration 000K 0 .a it E o of this contract, including ensuring all performance a s p and reporting requirements. Jan1,9 SGarleJ-�Morales Janie Scarlett Morales(Jul 28,202215:25 CDT) Janie S. Morales Development Services Date: Jul 28, 2022 OFFICIAL RECORD Tier II ROW Encroachment Agreement 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 29th day of July 52022 . WendL� Digitally signed by Y Wendy L.Beardslee Date: Beardslee 2022.17.2911:17:51 o�PRyPUe`� WENDY L BEARDSLEE 05'00' _ Notary Public Notary Public in and for the State of Texas N STATE OF TEXAS Notary I.D. 13323719-3 �rF00 My Comm. Exp, July 28, 2025 After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 OFFICIAL RECORD Tier II ROW Encroachment Agreement CITY SECRETARY FT. WORTH, TX STATE OF § COUNTY OF § C-(�)lv;n BEFORE ME, the undersigned authority, a Notary Public in and for the State of on this day personally appeared EMF Panther Island, LLC, a Delaware limited liability company (Title) 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 Charlie Keels, a Authorized Signatory (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ZA day of 20 ZZ . TERRI SMITH ` Notary Public,State of Texas � '� Comm.Expires 03-29-2026 Notary Public in and for the '' Notary ID 128221592 State of OFFICIAL RECORD Tier II ROW Encroachment Agreement CITY SECRETARY FT. WORTH, TX EXHIBIT "A" Legal Description of the Licensee's Property South Tract BEING a tract of land situated in the A. Gouhenant Survey, Abstract No. 582, City of Fort Worth, Tarrant County, Texas and being all of Lots 1-7, 43-48 and part of Lots 8-10, 41-42, Block 5, North Fort Worth Addition, an addition to the City of Fort Worth, Texas according to the plat recorded in Volume 63, Page 149, Official Public Records of Tarrant County, Texas, part of Houston Street and a 15-foot wide alley abandoned by Ordinance No. 2848, recorded in Volume 2289, Page 533, Deed Records of Tarrant County, Texas and being part of a 3.446 acre tract of land described in Special Warranty Deed to Tarrant Regional Water District, recorded in Instrument No. D214076713, Official Public Records of Tarrant County, Texas North Tract BEING a tract of land situated in the A. Gouhenant Survey, Abstract No. 582, City of Fort Worth, Tarrant County, Texas and being all of Lots 12-24, 25-39 and part of Lots 10-11, 40-41, Block 5, North Fort Worth Addition, an addition to the City of Fort Worth, Texas according to the plat recorded in Volume 63, Page 149, Official Public Records of Tarrant County, Texas, part of Houston Street and a 15-foot wide alley abandoned by Ordinance No. 2848,recorded in Volume 2289, Page 533, Deed Records of Tarrant County, Texas and being part of a 3.446 acre tract of land described in Special Warranty Deed to Tarrant Regional Water District, recorded in Instrument No. D214076713, Official Public Records of Tarrant County, Texas EXHIBIT B Depiction of the Public Property Tier II ROW Encroachment Agreement Page 12 of 14 Revised 11/2020 - ---------- - 'NORTH HOUSTON STREET p uJ ti it c -0 p tilt.. __j 'jag Mk i It I I I 1A L2� NORTH MAIN ST. P, Offs gE 31 9 Met 11 19 1!1INM1,111 1eS AnE No FE!j fill 4 11 it 'I- �X, N, 41 T" It IL! Eel 401 lei ,a t 1 VIE IR X1 L I I v 1 i SRI 1 , ! fif I T Cy 1i -A .0i .0 fit of M > i it 12 306 -n ro z' C/) -n U2 ;o. ro 2 � ;u, O -..I -1 Z z 0 0 > z P Q ui -n 0 f X 0 0 t!j C)z> I , I If Oi NOtow 0 > I 1 1 )1 . P, --Itl30 k �I gt 25 Z EXHIBIT C Depiction and description of the Encroachment Tier II ROW Encroachment Agreement Page 13 of 14 Revised 11/2020 om^ -omryv -0 rnO XzO -o ;uX — ;UmOC) omoo D mm� Dx -v -o rcDOO - 00m cn � W> 0xcn � ., r = moz m � O [m C m TI m [y�1 Z \. ;_ NW 4TH STREET J� r=z (n m �� � (A PROPOSED 54'R.O.W.) IT 1N \ !_• � �00 m n s z C 10 - wo >I ^I I n I I / D2 � oo� (n c Z " I I I I o�W Q y Zo°1 o � �jj o � � ~ om mLn II C) C) �, -1 O C) r oo I I c � — �n m O J _ m i yl - D ;. vI '"'�a= —III N v aQ �.:=-_`_,.ice=_ �� • ei„ o 0 Z a 7r = {� o m m m�' �o : I� o Io0 c NI Y I Imo/ I ��� 7 o w7 m_ Z�OJ a= =z l� o m O II ( Wo HE �I OV E HE i �F(E -� OHE pHE OI F 0o I 1 D ='-`-I-OHC II I_ C3b� ME �I OHE ■ LiI FIE — - IiFj — — — OHE —— S. Of E o I _ Mg CD — 31r� -— — — —— —��7 J�'oj n I / "� o D I / s m / I oll = I I � m NO�Ty O O L J BEING a tract of land situated in the A. Gouhenant Survey, Abstract No. 582, City of Fort Worth, Tarrant County,Texas and being a portion of NW Fourth Street, a 57-foot wide right-of-way and a portion of North Main Street, a 100-foot wide right-of-way and being more particularly described as follows: BEGINNING at a 5/8" iron rod with plastic cap stamped "KHA" found at the northernmost corner of a called 0.0172 acre tract of land abandoned by Ordinance No. 24242-06-2020, and at the intersection of the westerly right-of-way line of said North Main Street and the southerly right-of-way line of NW Fourth Street, and at the north corner of Lot 1R1 of North Fort Worth Addition, recorded in Instrument No. 220193316 of the Official Public Records of Tarrant County,Texas; THENCE South 59°58'03" West, along the northerly line of said 0.0172 acre tract and the southerly right-of-way line of said NW Fourth Street, a distance of 248.34 feet to a point for corner from which a mag nail found at the westernmost corner of said 0.0172 acre tract bears South 59°58'03" West, 1.66 feet, same point being at the beginning of a non-tangent curve to the right with a central angle of 19001'52", a radius of 25.50 feet and a chord bearing and distance of North 00°50'34" East, 8.43 feet; THENCE over and across the right-of-way of said NW Fourth Street and said North Main Street, the following courses and distances: In a northeasterly direction, with said non-tangent curve to the right, an arc distance of 8.47 feet to a point for corner; North 59057'28" East, a distance of 250.29 feet to a point for corner; North 30°00'32"West, a distance of 2.75 feet to a point for corner; North 60°15'22" East, a distance of 4.96 feet to a point for corner; North 25°18'46" West, a distance of 5.52 feet to a point at the beginning of a non-tangent curve to the right with a central angle of 68°39'54", a radius of 9.51 feet and a chord bearing and distance of South 87°30'28" East, 10.73 feet; In a southeasterly direction, with said non-tangent curve to the right, an arc distance of 11.40 feet to a point for corner; South 55°09'34"West, a distance of 5.31 feet to a point for corner; EXHIBIT B ENCROACHMENT Continued on Sheet 2 AGREEMENT �E OF , A. GOUHENANT SURVEY GIST' •. ABSTRACT NO. 582 DAVIDJ. De WEIRDT �}; CITY OF FORT WORTH REGISTERED PROFESSIONAL ....:.........• . . ........... TARRANT COUNTY, TEXAS LAND SURVEYOR NO.5066 AVID J% EIRDT 13455 NOEL ROAD ......... c r TWO GALLERIA OFFICE TOWER, • ��'" 066 �: Klmj�y))) HornSUITE 700 OF �� �DALLAS,TEXAS 75240 NO'••.....• C i 13455 Noel Road,Tm Galled Tel,No.(972)7701300 PH. (072)770-1300 $ d R ` �VY/ Towe,,Wlo 700,DaVa,Texas 75240 FIRM 4 10115500 Fax No.(972 239.3020 david.deweirdt@l<imley-horn.com �O .1 Scala I Dl,amby CheckedbV Dale ProeG o Sheet NO. NIA JCC RHA 0 L 2021 064427400 1 OF 4 DUNN,STACY 10/812021 0:45 AM KADAL_SURVEM644274CYi-ENCORE PANTHER ISLANDIDWGIEXHI01TS1064427406 ENCORE PANTHER ISLAND ENCROACHMENT AOREEMENT.DWC Continued from Sheet 1 South 30017'40" East, a distance of 5.00 feet to a point for corner; South 59059'27"West, a distance of 1.91 feet to a point for corner; South 30e04'00" East, a distance of 417.22 feet to a point for corner; South 59°59'22"West, a distance of 5.46 feet to a point for corner; South 30'00'38" East, a distance of 182.27 feet to a point for corner; South 59°59'27" West, a distance of 7.82 feet to a point for corner on the westerly right-of-way line of said North Main Street, same being the easterly line of Lot 1 R2, Block 5 of said North Fort Worth Addition, from which a 5/8" iron rod with plastic cap stamped "Transystems" bears South 30e04'36" East, a distance of 7.80 feet; THENCE North 30e04'36" West, along the westerly right-of-way line of said North Main Street and the easterly line of said Lot 1 R2, Block 5, a distance of 595.20 feet to the POINT OF BEGINNING and containing 0.206 acres or 8,983 square feet of land, more or less. Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983. Monuments called for herein were set/found September 10, 2020. EXHIBIT B ENCROACHMENT AGREEMENT A. GOUHENANT SURVEY ABSTRACT NO. 582 CITY OF FORT WORTH TARRANT COUNTY, TEXAS Kimley* Horn13455 NodT l . 770-1300 Tower,Wile 700,Dales,Texas 75240 FIRM#10115500 Fax No.(972)23MB20 Scale I Dram by I Checked by I Date I Pia ecl No. Sheol No. WA JCC KHA Oct.2021 084427408 2 OF 4 DUNN.STACY 10/812021 6:45AM K:IDAL_SURVEY1064427406-ENCORE PANTHER ISLAND01AGlEXHIBITS1064427406 ENCORE PANTHER ISLAND ENCROACHMENT AGREEMENT,DWG / NORTH N y / C2 0 30 so �OG / L3 \ °y o� L2 L4 GRAPHIC SCALE IN FEET 02 L1 L5 \ \ 0.0172 ACRE / / ! / L6 "RIGHT OF WAY ENCROACHMENT LIMITS" RIGHT OF WAY ENCROACHMENT AGREEMENT O�l�� INST.NO.D217291682 ��O // P.O.B. 5/8"IRFC O.P.R.T.C.T. / "KHA" 0.0172 ACRE 359-58'03"W \ V RIGHT OF WAY ABANDONED BY // 248.34' ORDINANCE NO.24242-06-2020 ---> \ / ENCROACHMENT S59°58'03"W C1Y / AGREEMENT o0 / 1.66' 0.206 ACRE 3? d- MNS / (8,983 SO.FT.) N30e02'16"W� \ �' 10'TXU ELECTRIC DELIVERY EASEMENT p 3.00' \ INST.NO.D206142770 O.P.R.T.C.T. �j W N59°58'03"E ` �. PARTIAL RELEASE OF EASEMENT 6- 'a W 26.00' \ \', INST.NO.D219091946,O.P.R.T.C.T. \\ \� 15'DISTRIBUTION EASEMENT NO, 1 si9s �C \ \'•. VOL. 15342,PG.160,D.R.T.C.T. ' w 66 PARTIAL RELEASE OF EASEMENT w \ \ V '•, INST.NO.D218077203,O.P.R.T.C.T. U) \ \ INST.NO.D219091947,O.P.R.T.C.T. \\ \ 2.1877 ACRES W \ \ EMF PANTHER ISLAND, LLC z \ \\ (F.K.A. ENCORE OLYMPUS PANTHER ISLAND, LLC) J \ \ INST. NO. D217061508 \ \; O.P.R.T.C,T, V \ � Q15'SANITARY SEWER LOT 1R1, BLOCK 5 EASEMENT \ NORTH FORT WORTH ADDITION INST.NO.D220193316 \\ \ INST. NO. D220193316 P.R.T.c.r. O.P.R.T.C.T. 26'TEMPORARY PUBLIC AND \ \\ EMERGENCYACCESS \ \ NORTH HOUSTON STREET ABANDONED BY ORDINANCE NO.2848 EASEMENT \ \ VOL,2289,PG.533 n INST.NO.D220056693 \ D.R.T.C.T. �'Jf LEGEND O.P.R.T.C.T. P.O.B.= POINT OF BEGINNING EXHIBIT B IRSC=5/8" IRON ROD W/"KHA"CAP SET ENCROACHMENT IRFC=IRON ROD W/CAP FOUND IPF= IRON PIPE FOUND AGREEMENT D.R.T•C.T.=DEED RECORDS OF TARRANT COUNTY,TEXAS A. GOUHENANT SURVEY O.P.R.T.C.T.= OFFICIAL PUBLIC RECORDS,TARRANT COUNTY,TEXAS ABSTRACT NO. 582 CITY OF FORT WORTH TARRANT COUNTY, TEXAS NOTES Bearing system based on the Texas Coordinate System of 1983, Kim!rree >>> Horn North Central Zone (4202), North American Datum of 1983. 13455 Neel Reed,Two Galled Tel.No.(972)770-1300 Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3620 Monuments called for herein were set/found 09110/2020. Sala I Dram by I Checked by Date I Pro ecl No. I Sheet No 1"=60' JDC KHA Oct.2021 064427406 3 OF 4 DUNN,STACY 10/8/2021 8:45 AM K:1DAL SURVEY1064427406-ENCORE PANTHER ISLAND\D1.tG1EXHIBITS\064427406 ENCORE PANTHER ISLAND ENCROACHMENT AGREEMENT.DWG �O�1n CURVE TABLE \�3 NO. DELTA RADIUS LENGTH CHORD BEARING CHORD VO C1 19°01'52" 25.50' 8.47' N00°50'34"E 8.43' 1`Z I �o.� C2 68°39'54" 9.51' 11.40' S87°30'28"E 10.73' 11 Vj \ LINE TABLE 0 vo NO. BEARING LENGTH Ipp, L1 N30°00'32"W 2.75' �o ` ?G L2 N60°15'22"E 4.96' o� \ �o�$ �� 0 L3 N25°18'46"W 5.52' OQ aP� 0 �Z ✓ 0 -0 w �a�o�p1��� N "o� Yc`�7 9a0e L4 S55°09'34"W 5.31' o �. 0 C � L5 S30°17'40"E 5.00' UJ �� \ po v0�6 �X L6 S59°59'27"W 1.91, W ' \ `�61� L7 \ 0�b L7 S59°59'22"W 5.46' W \ '% LOT 1 R3 L8 S59°59'27"W 7.82' S`QiS 20'TXU ELECTRIC �O�N BLOCK 5 \ �� DELIVERY EASEMENT W INST.NO.D206142770 3 Z LOT 1 RZ ape O.P.R.T.C.T. von BLOCK 5 \ po, \ J 1,0466 ACRES \ ud'� 10� ' EMF PANTHER ISLAND,LLC\ U (F.K.A,ENCORE OLYMPUS \ �� 0�1 NORTH I PANTHER ISLAND,LLC) \ ENCROACHMENT �-- INST.NO,D217061508 AGREEMENT O.P.R.T.C.T. 0.206ACRE L 0 30 60 00" vy� (8,983 SQ.FT.) 9200 NP REMAINDER OF �' y A \ "A t� (� GRAPHIC SCALE IN FEET 5'1 DISTRIBUTION EASEMENT NO.1 �4`�, VOL,15342,PG.160,D.R.T.C.T. .s a PARTIAL RELEASE OF EASEMENT ��m IINST.NO.D218077203,O.P.R.T.C.T. G \/ L8 NW THIRD STREET S30°04'36"E �01 "TR ABANDONED BY 7.80' IRFC \\ / � TRANSYSTElv1S" ORDINANCE NO,2848 VOL. 2289,PG.533,./ / / \ \ Lo 1 D.R.T.C.T. / \ LEGEND P.O.B. =POINT OF BEGINNING EXHIBIT B IRFC=IRON ROD ODW/ON DC P/FO ND AP SET ENCROACHMENT IPF= IRON PIPE FOUND D.R.T.C.T.= DEED RECORDS OF TARRANT COUNTY,TEXAS AGREEMENT O.P.R.T.C.T. =OFFICIAL PUBLIC RECORDS,TARRANT A. GOUHENANT SURVEY COUNTY,TEXAS ABSTRACT NO. 582 NOTES CITY OF FORT WORTH Bearing system based on the Texas Coordinate TARRANT COUNTY, TEXAS System of 1983, North Central Zone(4202), North Klornle ))) Horn American Datum of 1983. 13455 Noel Road,Two Galleda Office Tel.No.(972)770-1300 Monuments called for herein were Set / found Tower,Suite 700,Dallas,Texas 75240 FIRId i 10115500 Fax No.(972)239-3820 September 10,2020. 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