HomeMy WebLinkAboutContract 57982 Date Received: 08/16/2022 Record Number: PN21-00186
Time Received: 8:30 am City Secretary No.: 57982
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 Broadway Acquisition, LP, a(n)
Texas limited partnership ("Licensee"), acting by and through its duly authorized
manager.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 218 W
Broadway, Fort Worth, Texas 76104 ("Property"), being more particularly described in
the attached Exhibit "A" which is incorporated herein for all purposes; and
WHEREAS, the City owns a right-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-003-
062; 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 irrigation plants, benches, stairs, ramps and trash receptacles
(the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be
responsible for maintaining the Encroachment within the Public Property. Licensee shall
OFFICIAL RECORD
Tier-ii ROW Encroachment Agreement CITY SECRETARY
PN21-00186
FT.WORTH, TX
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
the Water Department, the Director of the Development Services Department or their
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PN21-00186 Revised 1 1/2020
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.
8.
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.
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PN21-00186 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
$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 tern 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.
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PN21-00186 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.
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.
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PN21-00186 Revised 1 1/2020
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]
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PN21-00186 Revised 11/2020
City: Licensee:
CITY OF FORT WORTH Broadway Acquisition, LP
a Texas limited partnership
Broadway Ft Worth Gen Par, LP
a Texas limited partnership
its general partner
HAD - Broadway Gen Par, LLC
its general partner
By:DJ Harrell(Aug 10,202216:40 CDT) By:
D.J. Harrell, Director of the ame. t Crowell
Development Services Department Title: Manager
Date: Aug 10, 2022 Date: q/Z.7
ATTEST: Approved As To Form and Legality
)Affiette S.Goodall(Aug 15,2022 12 CDT)
Jannette Goodall, Thomas Royce Hansen
City Secretary Assistant City Attorney
Date: Aug 15, 2022 Aug 9, 2022
Date:
��7.0*- *
04r 'aOE• 0�..� Contract Compliance Manager:
tag0 $.�sig _S L arkxua�rlPcl that I am the person
o * responsible for the monitoring and administration
°°°°°°°° a00 � of this contract, including ensuring all performance
and reporting requirements.
J ie Scarlett Morales(Aug 10,202216:35 CDT)
Janie S. Morales
Development Services
Date: Aug 10, 2022
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Tier II ROW Encroachment Agreement Page
PN21-00186 Revised 11/2020
PAGE FOR CITY OF FORTWORTH
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 10th_day of
August , 2022 .
WendL� Digitally signed by
Y Wendy L.Beardslee Date:
Beardslee 1111.18.1015:03:36
-05'00' �pFtYP�e WENDY L BEARDSLEE
Notary Public in and for the State of Texas Notary Public
* * STATE OF TEXAS
Notary I.D. 13323719-3
9 OF 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
CITY SECRETARY
FT.WORTH, TX
Tier II ROW Encroachment Agreement
PN21-00186 Revised 11/2020
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
f was , on this day personally appeared Brian Crowell , Manager (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 Broadway Acquisition LP, a Texas limited
partnership (entity type), and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 4+ day of 419u�
20
ALYSHA SEXTON
6G
r_Natary Public, State et Texas
Notary ablic in and for the comm. Fxpires 05-06-2024
/,%q �
1-� %� nN. Notary II.1 130835856
State of 0.S
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Tier II ROW Encroachment Agreement Fage
PN21-00186 Revised 11/2020
EXHIBIT A
Legal Description of the Licensee's
Property
All of Lot 1, Block 5R, Smith-Jones &Daggett Addtion, an addition to the City of Fort Worth,
Tarrant County, Texas, according to plat recorded in Plat Cabinet B, Slide 2976, Plat Records pf
Tarrant County, Texas
Tier TT ROW Encroachment Agreement Page 10 of 13
PN21-0018 5
Revised 1 1/2020
EXHIBIT B
Depiction of the Public Property
Tier TT ROW Encroachment Agreement Page 1 I of 13
PN21-00186 Revised 11/2020
�e°IItvrA A True and Correct Copy of Original Record Filed in Tarrant County,TEXAS Tarrant County Clerk
a
- Veri fy Certification at hops://tcrecordsonlure_cam Certification DaLe2/20/2020
Verify Key:r8u5323 L �
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WEST DAGGETT
AVENUE
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EXHIBIT C
Depiction and description of the Encroachment
Tier TT ROW Encroachment Agreement Page 12 of 13
PN21-00186 Revised 11/2020
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EXHIBIT "A"
RIGHT-OF-WAY
ENCROACHMENT AGREEMENT
ELIZABETH JONES SURVEY, ABSTRACT NO. 830
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
BEING A 115 SQUARE FOOT(0.0026 ACRE)TRACT OF LAND SITUATED IN THE ELIZABETH JONES SURVEY,ABSTRACT
NUMBER 839, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, ADJACENT TO LOT 1, BLOCK 5R OF SMITH-JONES
&DAGGETT ADDITION,AN ADDITION TO THE CITY OF FORT WORTH,TARRANT COUNTY,TEXAS ACCORDING TO THE
PLAT THEREOF RECORDED IN CABINET B, SLIDE 2976, PLAT RECORDS OF TARRANT COUNTY, TEXAS (P.R.T.C.T.),
AND A TRACT OF LAND DESCRIBED IN A SPECIAL WARRANTY DEED TO BROADWAY ACQUISITION LP, RECORDED IN
INSTRUMENT NUMBER D219263928, OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS (O.P.R.T.C.T.); SAID
115 SQUARE FOOT TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A CUT "Y" FOUND FOR THE NORTHWEST CORNER OF SAID LOT 1, BLOCK 5R, SAME BEING THE
POINT OF INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF WEST DAGGETT AVENUE(50-FOOT PUBLIC RIGHT-
OF-WAY)WITH THE EAST RIGHT-OF-WAY LINE OF GALVESTON AVENUE (50-FOOT PUBLIC RIGHT-OF-WAY);
THENCE NORTH 89'22'13" EAST ALONG THE COMMON LINE OF SAID LOT 1 R, BLOCK 5R AND THE SOUTH RIGHT-OF-
WAY LINE OF SAID WEST DAGGETT AVENUE, A DISTANCE OF 36.66 FEET TO THE POINT OF BEGINNING;
THENCE DEPARTING SAID COMMON LINE, OVER AND ACROSS SAID WEST DAGGETT AVENUE, THE FOLLOWING
CALLS:
NORTH 00°37'47"WEST,A DISTANCE OF 8.01 FEET TO A POINT FOR CORNER;
NORTH 45°37'47"WEST,A DISTANCE OF 4.94 FEET TO A POINT FOR CORNER;
SOUTH 89°22'13"WEST, A DISTANCE OF 15.80 FEET TO A POINT FOR CORNER;
NORTH 89°22'13" EAST, A DISTANCE OF 7.80 FEET TO A POINT FOR CORNER;
NORTH 89°22'13" EAST, A DISTANCE OF 14.91 FEET TO A POINT FOR CORNER;
SOUTH 45°36'09" EAST, A DISTANCE OF 9.03 FEET TO A POINT FOR CORNER;
SOUTH 00°37'47"EAST,A DISTANCE OF 10.11 FEET TO A POINT FOR CORNER IN THE COMMON LINE OF SAID
LOT 1 R, BLOCK 5R AND THE SOUTH RIGHT-OF-WAY LINE OF SAID WEST DAGGETT AVENUE AND FROM
WHICH A CUT"Y"FOUND FOR THE NORTHEAST CORNER OF SAID LOT 1, BLOCK 5R, SAME BEING THE POINT
OF INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF SAID WEST DAGGETT AVENUE WITH THE WEST
RIGHT-OF-WAY LINE OF SOUTH HOUSTON STREET (26-FOOT PUBLIC RIGHT-OF-WAY), BEARS NORTH
89°22'13" EAST,A DISTANCE OF 269.34 FEET;
THENCE SOUTH 89°22'13"WEST ALONG SAID COMMON LINE,A DISTANCE OF 2.00 FEET TO THE POINT OF BEGINNING
CONTAINING A COMPUTED AREA OF 115 SQUARE FEET OR 0.0026 ACRES OF LAND.
NOTES:
A SKETCH WAS PREPARED ON EVEN DATE TO ACCOMPANY THIS
DESCRIPTION. �F �F
`Qo�Gy57fQF0 9
THE BEARINGS CALLED FOR HEREIN ARE BASED ON THE TEXAS STATE
PLAN COORDINATE SYSTEM, (NORTH CENTRAL ZONE, NAD83), BASED ° ICH. .EL..°°°°°°°°°°°°°°°
MICHAEL J. MURPHY
ON THE LEICA GEOSYSTEMS NORTH TEXAS SMARTNET NETWORK, e 8aa..........o °°°° o..
DISTANCE SHOWN HERON WERE ADJUSTED TO SURFACE USING AN °°A 5724
AVERAGE COMBINED SCALE FACTOR OF 0.9998800144.
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EXHIBIT "A"
RIGHT-OF-WAY
ENCROACHMENT AGREEMENT
ELIZABETH JONES SURVEY, ABSTRACT NO. 830
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
PART 1 (LANDSCAPE APPURTENANCES)
BEING A 7,480 SQUARE FOOT (0.1717 ACRE) TRACT OF LAND SITUATED IN THE ELIZABETH JONES SURVEY,
ABSTRACT NUMBER 839, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, ADJACENT TO LOT 1, BLOCK 5R OF
SMITH-JONES & DAGGETT ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET B, SLIDE 2976, PLAT RECORDS OF TARRANT COUNTY,
TEXAS(P.R.T.C.T.),AND A TRACT OF LAND DESCRIBED IN A SPECIAL WARRANTY DEED TO BROADWAY ACQUISITION
LP, RECORDED IN INSTRUMENT NUMBER D219263928, OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS
(O.P.R.T.C.T.); SAID 7,480 SQUARE FOOT TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 1/2-INCH IRON ROD FOUND FOR THE SOUTHEAST CORNER OF SAID LOT 1, BLOCK 5R, SAME BEING
THE POINT OF INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF WEST BROADWAY AVENUE(100-FOOT PUBLIC
RIGHT-OF-WAY) WITH THE WEST RIGHT-OF-WAY LINE OF SOUTH HOUSTON STREET (26-FOOT PUBLIC RIGHT-OF-
WAY), AND FROM WHICH A CUT"Y" FOUND FOR THE NORTHEAST CORNER OF SAID LOT 1, BLOCK 5R, SAME BEING
THE POINT OF INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF WEST DAGGETT AVENUE (50-FOOT PUBLIC
RIGHT-OF-WAY)WITH THE WEST RIGHT-OF-WAY LINE OF SAID SOUTH HOUSTON STREET, BEARS NORTH 00°37'47"
WEST, A DISTANCE OF 250.00 FEET;
THENCE DEPARTING SAID INTERSECTION POINT, OVER AND ACROSS THE RIGHT-OF-WAY OF SAID WEST
BROADWAY AVENUE AND GALVESTON AVENUE(50-FOOT PUBLIC RIGHT-OF-WAY), THE FOLLOWING CALLS:
SOUTH 00°44'20" EAST, A DISTANCE OF 21.15 FEET TO A POINT FOR CORNER;
SOUTH 89°15'40"WEST, A DISTANCE OF 325.89 FEET TO A POINT FOR CORNER;
NORTH 00°31'27"WEST, A DISTANCE OF 42.02 FEET TO A POINT FOR CORNER;
NORTH 44°28'10" EAST, A DISTANCE OF 11.31 FEET TO A POINT FOR CORNER;
NORTH 00°31'50"WEST, A DISTANCE OF 1.72 FEET TO A POINT FOR CORNER;
NORTH 89°22'13" EAST, A DISTANCE OF 9.76 FEET TO A POINT FOR CORNER IN THE EAST RIGHT-OF-WAY LINE
OF SAID GALVESTON AVENUE;
THENCE SOUTH 00°37'47" EAST ALONG THE EAST RIGHT-OF-WAY LINE OF SAID GALVESTON AVENUE, A DISTANCE
OF 29.96 FEET TO A 5/8-INCH IRON ROD FOUND FOR THE SOUTHWEST CORNER OF SAID LOT 1, BLOCK 5R, SAME
BEING THE POINT OF INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF SAID GALVESTON AVENUE WITH THE
NORTH RIGHT-OF-WAY LINE OF SAID WEST BROADWAY AVENUE;
THENCE NORTH 89°22'13" EAST ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID WEST BROADWAY AVENUE, A
DISTANCE OF 308.00 FEET TO THE POINT OF BEGINNING CONTAINING A COMPUTED AREA OF 7,480 SQUARE FEET
OR 0.1717 ACRES OF LAND.
V:\2220\active\222011877\survey\drawings\exhibits\11877v_ex_landscaping_encr agmt_desc.docx Sheet 1 of 4
® Stantec
EXHIBIT "A"
RIGHT-OF-WAY
ENCROACHMENT AGREEMENT
ELIZABETH JONES SURVEY, ABSTRACT NO. 830
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
PART 2 (LANDSCAPE APPURTENANCES)
BEING A 144 SQUARE FOOT(0.003 ACRE)TRACT OF LAND SITUATED IN THE ELIZABETH JONES SURVEY,ABSTRACT
NUMBER 839, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, ADJACENT TO LOT 1, BLOCK 5R OF SMITH-JONES
&DAGGETT ADDITION,AN ADDITION TO THE CITY OF FORT WORTH,TARRANT COUNTY,TEXAS ACCORDING TO THE
PLAT THEREOF RECORDED IN CABINET B, SLIDE 2976, PLAT RECORDS OF TARRANT COUNTY, TEXAS (P.R.T.C.T.),
AND A TRACT OF LAND DESCRIBED IN A SPECIAL WARRANTY DEED TO BROADWAY ACQUISITION LP, RECORDED IN
INSTRUMENT NUMBER D219263928, OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS (O.P.R.T.C.T.); SAID
102 SQUARE FOOT TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A CUT"Y"FOUND FOR THE NORTHWEST CORNER OF SAID LOT 1, BLOCK 5R,SAME BEING THE POINT
OF INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF WEST DAGGETT AVENUE (50-FOOT PUBLIC RIGHT-OF-
WAY)WITH THE EAST RIGHT-OF-WAY LINE OF GALVESTON AVENUE (50-FOOT PUBLIC RIGHT-OF-WAY);
THENCE SOUTH 00°37'47" EAST ALONG THE COMMON LINE OF SAID LOT 1R, BLOCK 5R AND THE EAST RIGHT-OF-
WAY LINE OF SAID GALVESTON AVENUE, A DISTANCE OF 12.00 FEET TO A POINT FOR CORNER;
THENCE DEPARTING SAID COMMON LINE, OVER AND ACROSS SAID GALVESTON AVENUE, THE FOLLOWING CALLS:
SOUTH 89°22'13"WEST,A DISTANCE OF 12.00 FEET TO A POINT FOR CORNER;
NORTH 00°37'47"WEST, A DISTANCE OF 12.00 FEET TO A POINT FOR CORNER;
NORTH 89°22'13" EAST, A DISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING CONTAINING A COMPUTED
AREA OF 144 SQUARE FEET OR 0.0033 ACRES OF LAND.
NOTES:
A SKETCH WAS PREPARED ON EVEN DATE TO ACCOMPANY THIS DESCRIPTION.
THE BEARINGS CALLED FOR HEREIN ARE BASED ON THE TEXAS STATE PLAN COORDINATE SYSTEM, (NORTH
CENTRAL ZONE, NAD83), BASED ON THE LEICA GEOSYSTEMS NORTH TEXAS SMARTNET NETWORK, DISTANCE
SHOWN HERON WERE ADJUSTED TO SURFACE USING AN AVERAGE COMBINED SCALE FACTOR OF 0.9998800144.
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MICHAEL J. MURPHY
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V:\2220\active\222011877\survey\drawings\exhibits\11877v_ex_Iandscaping_encr agmt desc.docx Sheet 2 of 4
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EXHIBIT D
Certificate of Insurance
Tier TT ROW Encroachment Agreement Page 13 of 13
PN21-00186 Revised 11/2020