HomeMy WebLinkAboutContract 58495 Date Received: 11/18/22 Re cord Number: PN22-00059
Time Received: 8:40 a.m. City Secretary No.: 58495
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 FW 820, LLC, a(n) a Texas
limited liability company ("Licensee"), acting by and through its duly authorized
President and Chairman of the Board of its manager's agent.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 600 Western
Trade Drive, Fort Worth, Texas 76108("Property"), being more particularly described in
the attached Exhibit "A"which is incorporated herein for all purposes; and
WHEREAS, the City owns a Sewer 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 deed records of Tarrant County by instrument number
D 19304464; 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 storm drain (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 CITY SECRETARY Page 1 of 16
PN22-00059 Revised 3/2022
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 16
PN22-00059 Revised 3/2022
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 alien 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.
Tier II Easement Encroachment Agreement Page 3 of 16
PN22-00059 Revised 3/2022
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 NO T
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
S190009000
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 16
PN22-00059 Revised 3/2022
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 16
PN22-00059 Revised 3/2022
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 16
PN22-00059 Revised 3/2022
City: Licensee:
CITY OF FORT WORTH FW 820, LLC
a Texas limited liability company
By: Majestic Silver Creek Investor, LLC
a Delaware limited liability company
its governing entity
By: Majestic Realty Co.,
a California corporation,
its Manager
By; DJ Harrell(Nov 10,202214:45 CST) By: Ile D.J. Harrell, Director of the Name:Edward Roski
Development Services Department Title: President and Chairman of the
Board of its Manager's agent
Date: Nov 10, 2022 Date: o
4g444pn��
o FORt�9Ad
�-1 °c
ATTEST: a°°o o=a Approved As To Form and Legality
0ab�
Pam,°° °o
a b
nEX A500A
7RiliZg-{ .
JannetteS.Goodall(Nov18,202208:39CST) r �,
Jannette Goodall, City Thomas Royce Hansen
Secretary Assistant City Attorney
Date: Nov 18,2022
Date: Nov 10, 2022
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Tier II Easement Encroachment AgiEement Page 7 of 16
PN22-00059 Revised 3/2022
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.
Matt 71-ZCY oy behaZIV
Matt Tilly on behA'of(Nov 10,202�4 CS
Janie S. Morales
Development Services
Date: Nov 10, 2022
Tier II Easement Encroachment Agreement Page 8 of 16
PN22-00059 Revised 3/2022
PAGE FOR CITY OF FORT1 ' OFFICE USE 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 IOth day of
November ,20 22
,�p.RYPGe BICH SON THI NGUYEN
Bichson Digitally signed by Notary Public
Bichson Nguyen y STATE OF TEXAS
Date:2022.11.17 q�OFP Notary I.D. 133389224
Nguyen My Comm.Exp.Oct. 13,2025
17:27:28-06'00'
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
Tier II Easement Encroachment Agreement Page 9 of 16
PN22-00059 Revised 3/2022
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Los Angeles )
On November 3, 2022 before me, Daniella Garcia, Notary Public
(insert name and title of the officer)
personally appeared Edward P. Roski Jr.
who proved to me on the basis of satisfactory evidence to be the person(&}whose names}is/ai`e
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/heF/the+F authorized capacityf+es), and that by his/4ef4he4 signature*on the instrument the
person(o, or the entity upon behalf of which the person(m}acted, executed the i nstrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. �s��'�>N DANIELLAGARCIA
Notary Public•California
Los Angeles County F
Commission#2329813
My Comm.Expires Jul 17,2024
Signature (Seal)
EXHIBIT A
Legal Description of the Licensee's Property
TRACT 1: D222014220
BEING a tract of land situated in the H.T.Boydston Survey,Abstract No. 170,City
of Fort Worth, Tarrant County, Texas and being all of a tract of land described in
Special Warranty Deed to Hickman Family Limited Partnership recorded in
Ins trume nt No. 02 0 8 0 4 9 474 o f the Official Public Records Tarrant County, Texas,
being part of those tracts ofland described in Correction Deeds to Hickman Family
Limited Partnership re c o rde d in Ins trume nt No. 0205069509 and 0205069510of
said Official Public Records,being all of Lot 2112,Block 1,Western Trade Addition,
an addition to the City of Fort Worth, Texas,recorded in Instrument No.
D215072825 ofsaid Official Public Records,part of a 50 foot wide public right-of-
way released and abandoned by Instrument No.D205189437 ofsaid Official Public
Records,being part of a tract of land described in Correction Deed to Hickman
Family Limited Partnership recorded in Instrument No.D205069510 of said Official
Public Records,being part of a tract of land described in General Warranty Deed to
Hickman Family Limited Partnership recorded in Instrument No.D208053119 of
said Official Public Records,being part of those tracts of land recorded Special
Warranty Deeds to Hickman Family Limited Partnership recorded in Instrument
No.D205069508,Instrument No. 0204401645 and Instrument No. D204401646 of
said Official Public Records.
TRACT 2:
BEING a tract of land situated in the H.T.Boydston Survey,Abstract No. 170,City
of Fort Worth, Tarrant County, Texas and being all of a tract of land described in
Spe cial Warranty De e d to Hickman Family Limite d Partne rs hip re co rde d in
Instrument No. D204401651 of the Deed Records of Tarrant County, Texas.
BEING a tract of land situated in the Anthony B. Connor Survey,Abstract No.306,
City of Fort Worth, Tarrant County, Texas and being part of those tracts of land
described in Special Warranty Deeds to Hickman Family Limited Partnership
recorded in Instrument No. D204401652,Instrument No.D204401643 and
Instrument No. D204401653 of the Deed Records of Tarrant County, Texas,being
part of Lot I,Block 1, Silver Creek Addition,an addition to the City of Fort Worth,
Tarrant County, Texas according to the plat recorded in Volume 388-171,Page 12,
Plat Records,Tarrant County, Texas.
Tier II Easement Encroachment Agreement Page 11 of 16
PN22-00059 Revised 3/2022
TRACT 4:
BEING a tract of land situated in the Anthony B. Connor Survey,Abstract No.306,
City of Fort Worth, Tarrant County, Texas and being part of a tract of land
described in Special Warranty Deed to Hickman Family Limited Partnership
recorded in Instrument No.D204401650 of the Deed Records of Tarrant County,
Texas.
TRACT 5:
BEING a tract of land situated in the Anthony B. Connor Survey,Abstract No.306,
City of Fort Worth, Tarrant County, Texas and being part of a tract of land
described in Special Warranty Deed to Hickman Family Limited Partnership
recorded in Instrument No. D204401650 of the Deed Records of Tarrant County,
Texas
TRACT 6:
BEING a tract of land situated in the Anthony B. Connor Survey,Abstract No.306,
City of Fort Worth, Tarrant County, Texas and being part of Lot 1,Block I,R.C.L.
Addition, an addition to the City of Fort Worth, Tarrant County, Texas according
to the plat recorded in Cabinet B, Slide 2301,Plat Records,Tarrant County, Texas
and part of a tract of land de s cribe d in Spe cial Warranty De e d to Hickman Family
Limited Partnership re corde d in Ins trume nt No. D204401650 of the Deed Records
of Tarrant County, Texas.
Tier II Easement Encroachment Agreement Page 12 of 16
PN22-00059 Revised 3/2022
File: K:\FTW—Civil\061282621 — Majestic Silver Creek\Cad\Plan Sheets\Western Trade\Encroachments\Cover.dwg [COVER] 4/12/2022 3:51pm
Xrefs: X8511—M.dwg Images:
T cp
< D
� (D
3 @m
u)
---177
(D �D 0
U)
c�
m
c�
m
m
VERNA TRAIL
PAINT PONY VERNA
g PAINT PONY ITTLE HOR E
m
m N � r NY WORTHO-
m +f i o0 O
Z DLEAF D O ITI
zj om D m � C�
O
D C7 O
Z
can AO
"_ �— o A0rZC-
mZIM I --
m D OT
T �"
� C) x m > uMfr 6.7
_ m �o = A -0 NTIR
ZD \ BR CH m Tn
r m =D Z KATE /� O
� DGmm � m m S n n=1
M M >< Q < o EASL A
4 C/) Co M m JUD v * < i m J
--I Ffl J NOR ANDALE c g � 1
n r LAS VEG S Q LA VEGA < m VEG 1
Ill A O HAL VALE HALLVALE y co
m TR Z
r LOC WOO COMAL COMAL J`
< m TON DON LD s CRO CROSB - 1
WES PL `> z BRIDLE BRIDLE
O EAST PL o Z o SADDL SADDLE
E&-
SADDLE cn- �y�eGR VAQUERO
(n -0 -nM
O O
O O C O
CD
00
vCD [V
, --� � y
cn W X •
o. m C
CD f rn
cfl rt po
_ O
o� O
O �
Z y
71 CD
w x
fV
OD
EXHIBIT B
Depiction of the Public Property
Tier II Easement Encroachment Agreement Page 14 of 16
PN22-00059 Revised 3/2022
I PIZI
onaNccg or - - `ev
IN- 12112127,3�'
---__--___-
-„ a
r.J
V LTao�o�� •III
- --o
nor C G
mz�
V A A\Py°zn A ozOO \v vma II�
vl`�i
Ao7mml
a \ I
p$ moI°m l I I I
r `
�t 1o��ea• � e�o
j---------------------- l
------
ml ___-___
� II
lI / z�KY all �/ --- / - //i)� •.r�ytia9�'
:o]0 —t-
/// No- 2 ynm III zmr e c. 1"Cu "-7o
II5om :4z y4� `04 M.
_ r
IrfIr�
/ -
la
a +�
-
/
I f --
_ NO R'13'S]"E 303.t 0' C11 �3 "���a I/�
-- Li] A� _
01
G10 L12
� LI4
TT
mq-
y III o yys Ltid"' 6 lLL
I = L J
F + r
V-2 LnnA�a o NO'21'S5 39t.iL p ��I
VIX.2m.iP
�� —�,e�
-= - - - - - ���'- - - - - -
MATCH LINE(SEE SHEET 2)
o _wx�g
P
-L PIDoo mnnN m n m
o�oz m O' ❑ m P fl °
`? oo > <
Z - r
�r�
C� W
D
I � _O O oilm n,a z
�6zzN��rO�m a
r 0
`Y Z D 9 - 3
Ac AR'O<w OOr A D
�m'c 70 DZ
v -
Z D W m 0
a W <y m W O j 2 k 2 0
ODomo�
I =0 °s�AzD�W�� u
z
z r
D
O
z rr O W
e I? o x
O
A r�w,IZ � 71O 9 _
O m N
MATCH LINE(SEE SHEET 1)
�.� III -77
-
i
o -- — r — --
li lilt p ti '' A
-17
-- r IL
-- --
-- ---- ----J
z anOm
smr �'l11 Ap[r�1 ^gyp
I1f-j
--- --------—
077
77
Aps
m III Jp
i — =m li
I I w
o ao�
I
I 9 2 y
� I I
I
r� I D of
:. n w Cop p,F
I 2 Rse RTH o sla
ti m ml
1�
I
P
r
«�= D rO P 9 n
O,W 9
O1 m O
- o N cn D'J -
__ op°mA�z_ - -
x -
D U
v _ _ z
O O � z —
6 z z N cn r r0 r0 m a.. '�aoon oPc w y
p m n -O O r �a3
Il 4 v �<�AN��wrD
v x a m m A O
a W�jnmW0c)
2 z��xmm0- �A
o A D W
z r
z
z
O e
a
O m e _ _z e r o x
W � _m _ m z� _
o,�m0 Or p mn a m L
0 II�
- A� y�on� EMNNOER]F
m _m GALLED IaT SB'Tf
ti \
m
�- -,I II I
nl �����
sA.A�
z
/1 �rm��—��— /�/ //' n
m I I ( / Im
m I ( \ v 'Dd /' u
7'
mI /A,m
-
o
lllji - — ✓ / / / /
i Ili I I�,
I � TEz �o�i°E�aaes so�lea� zazazz / / � I
R R
znuF �.E�ioE ooIARAN•r ( / /
__ \ ns E�Ecialc s
NO'4G'51"E 1953vs' �
jil �� ���� /�v7 --
it
s MATCH LINE B(SEE SHEET 2)
oo'1°z m O�
- o N D'J -
o °
5
O^' W O W _
D v u�'O O � E -
,�/ AoczDr OOOr II
42\ = z.
�pA�<���� m o P m D u -
Nm f7l n
D<" A Dmc—
-
v �1- DG1C�N - - -
Dmm<DA W O0 j
2 ��pD -
O Dmo
�O on�Azy(�W "n - -
z
z
D
O
z _
I oLx
rrI? o x O
w->Z II
DNZo
O m N
CHICKADEE DRIVE
i[ r!
L
7 7
a4 J-1
A N
M
-----------------
_jj
gal
IL-7
77 T
\o,
>
T
M
OY
LIU '007L�mOmm6,-
m m
A m
m
u
R
P5 N
75
P.
>RE
I M.
7
73
0
-------- - --------- ------
"2
1-11-IMPANY
io ,Ex. E`-T'�'11
M V-2-5 P�111
MATCH LINE B(SEE SHEET
7
`-0
M
>=
z
m
M
0 1�o 0,
m
c,
>
wolli
P. Him w
7i --/ - I / m
0 0 oa I- - - Im
=
Z Z 2 U)1- 0 A/1-11-1
.2-m 1�F 0 0,
'cg 1,0
> IT,
>
>><
M 0 0
zmH
m
m cf)
o- e'saa P
0 PUS
Wiloop 820 N a-
�z'd 7,> ORTH
> 0 03 o SR sj3
Or cai u�,,.
Hw�z 7,0
C3
z
> >
0
Tract 18
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT §
PERMANEI•iT EAS&N11FN'T
That International A.B.M., I=_ of Tarrant County. Texas, for an n
consideration of One and No/100 Dollar (51.00) and other valuable consideration pai
�-- -� City of Fort Worth. a municipal corporation of Tarrant County, Texas, receipt o is
hereby acknowledged, does grant, bargain and convey to the said City of Fort Vo h, i
successors and assigns, the use and passage in and along the following desch e
Uaccordance with the plat attached, for the purpose of constructing and mai a
sewer line(s) with all appurtenances and connections thereto as dee r p -te b e
or Fort Worth, described as follows:
' A twenty-five(25)feet wide parcel of Ian si ted u n that tract
of land in the H. T. B.vdston Survey, Abstract No. 170, u Texas,
as conveyed to International A.B.hi., n that ecorded in
Volume 7232. Page 1121, Real Property Recor t County, Texas (the
"Property"), bounded on the North by the N e ndary of the Property,
bounded on the South by the Southern bou o rty, bounded on the
West by the Western boundary of rt ed on the East by a line
which is twenty-five(25) feet Fast of 1 e Western boundary of the
:# Property, containing approxi 2 f land, more or less (the
r "Easement").
TO HAVE A D ve described Construction Easement,together
j with, all and singular, th a u ces thereto in anywise belonging, unto the said
City of Fort Worth,i s an 'ans. forever. And we do hereby bind ourselves,our
heirs, successors and gn t and forever defend, all and singular, the construction
Easement unto the said - F '<'orth, its successors and assigns, against every person
whomsoever lawf .v cl i o to claim the same or any pan thereof_
t ire by these presents to convey a right-of-way to the said City of
Fort Wo I nt. with the usual rights of ingress and egress in the necessary use
o C. t-o a_ in and along the Easement.
ILI ternational A.B.M., Inc. retains, reserves and shall continue to enjoy the use
of the e f the Fasement for any and all purposes which do not interfere with and prevent
t use y the City of Fort North, of the Easement, including the right to build and use the
ace the Easement for drainage ditches, private streets, roads, driveways, alleys, walks,
gar ns, lawns, planting or parking areas and other like uses.
The Easement,rights and privileges granted herein shall terminate when or at such
r time as the purposes of the Easement cease to exist, become impossible to perform or the City
of Fort Worth ceases to operate the sanitary sewer line(s)lying in the Easement.
�r
Upon the completion of any construction or installation of the sanitary sewer
line(s) lying in the Easement, the City of Fort Worth, or its successors and assigns, shall
replace and restore all fences,walls, structures, landscaping, roads or improvements which may
have been relocated,removed or damaged during construction and shall return the surface of the
Easement,and all improvements thereon,to their condition as they existed prior to construction.
Should the City of Fort North, or its successors and assigns, fail to restore the Easement to
err
PERKANENT EASENENT - PAGE 1
its condition as it existed prior to the construction, then the City or Fort Worth. or its
successors and assigns, shall pay International A.B.M., Inc. reasonable compensation for the
damagE to the surface of the Easement and any improvements thereon-
WITNESS MY HAND this the ZLt day of December, A. D. 1992.
P-r—r-ItNATiONAL A.B.M., INC.
By:
Holt Hi kman
Title: re
n 'c
I-I ADDRESS OF GRANTEE:
CITY OF FORT WORTH
REAL PROPERTY MANAGEMENT
IWO THROCKMORTON STREET
FORT WORTH, TEXAS
U
r_w
- O �
(i THE STATE OF TEXAS
COUNTY OF T
BEF e u e igned authority,a Notary Public in and for the State of
�— Texas, on this day al a HOLT HICICMAr, known to me to be the person
whose name is subs. th regoing instrument, and acknowledged to me that the same
was the act of A AL A.B.M., INC. and that he executed the same as the act of
said Lti"TER . IO,ON A. .M., INC. for the purposes and consideration therein expressed
and in th ca c r n stated.
EN UNDER MY HAND AND SEAL OF OFFICE this t day of
#� A. 199:
—' g l►oi
Notary Public, State of Texas
My Commission Expires: --.
Ll (Printed Name of Notary)
L
un:,k
PSRMANErrT EASI]{ENT - PAGE 1
I097 ,3 1823
SILVER CREEK ROAD
POINT OF BEGINNING
Of
SO •
n
u
1 � .
1—� Ile -
f tNTERNATIONAL A
VOL.7232
PG. 1121
-� (REF. TRACT 18)
PG. 169
� J .
251 PERMANENT EASEMENT
11 .
1_r
11
Lr
1
SCALE•e■200' --
1097 %-) IS24
n
rJ
1
rl
u
O �
13
1
1
1 1
u
u .-
E ,a :7
_ "'Lo CV
o a-o,x aN
f
D193044645
CITY OF FORT WORTH
/1 1000 THROCKMORTON ST C)
■ � REAL PROPERTY MGMT
u FT WORTH. TX 76102
1
r
I -W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD- D O N E S T R O Y
rt
1_l F I LED -- TARRANT C U TY T X A S
S U Z A N N E H E N D E R S 0 - COUNTY CLERK
-� 0 F F I C I A L R T
T O: CITY OF T
1 RECEIPT NO REGISTER PRINTED DATE TIME
193140173 D 03/09/93 16:13
�l INSTR FILED TIME
j 1 D19 4 930309 16:13 CK 199884
T O T NTS: 01 F E E S: 10.00
1�1
Ll
ri B
1 l ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE
1 OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE
IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
1_1
f_l
1
1_
_ J I
EXHIB IT C
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement Page 15 of 16
PN22-00059 Revised 3/2022
File:K:\FT)A Civil\061282621-Majestic Silver Creek\Cad\PlanSheets\Western Trade\Encroachments\Encroachment Exhiblts.dwg[OVERALL ENCROACHMENT(2)] 4/12/2022 5:39pm
Xrefs:xRoad.dwg xStrm-WT.dwq xUtil-WT.dwg X8511-M.dwg xBndy-WT.dwg xSite-Phase I.dwg xStmt-Phase I.dwq xUtil-Phase I.dwg xExUtil-WT.dwg xExSite-WT.dwy xRecord.dwy Images.
o w � s =
� G
D m m
o n m H1bON
3 m Cn
CD
7
0
cn -
U) —
/r = m m
m
m ElI ® fib® fib®
m
m
0 , �n�I}1hII1hI�I}1hln�
0
T m
� I
El
r I
r I oa
L m m
C7 I
� I
0 � O O
m m
c
� m c
= I o
z z o
IJ x z
Q Q I ^' D
m
m m I m
Z IN
� I �m
0 Z
C of000
D 00I
(� m m
m
m I
z
-nm
� I
= O o
m n
m
O O Im oM III III IId'II III II Iln III II 11111111111111 IRI III II II IN II II IIIIIIIJIM,
w LLWL1
W II r
� W X
W
CD
El
� rt
rt' Nro
W
O SILVER CREEK--
z �
O �
GD 10-mom-m-mom
=
N
m
File:K:\FT)A Civil\061282621-Majestic Silver Creek\Cad\Plan Sheets\Western Trade\Encroachments\Encroachment Exhiblts.dwg[EASEMENT ENCROACHMENT 1] 9/19/2022 4:41pm
Xrefs:xRoad.dwg xStrm-WT.dwg xUtil-WT.dwg X8511-M.dwg xBndy-WT.dwg xSite-Phase I.dwg xStmt-Phase I.dwq xUtil-Phase I.dwg xExUtil-WT.dwg xExSite-WT.dwy xRecord.dwy Images.
I
Q m
O
O 0
I x l x l
�]
u I m z+� m Zi
z
m
O I A O O A O
C) 0
W I x x
U) X O C O O
--i w I CO W J W
0 un
� I
O m m I o
m
m I °
70
m
D
Z °
D °
r 25.0'K m
Im
z
I �
D o
n m
m I C
m m
Z z
0 I x
ID Lo
I
O I 0
D iCD
0
^ A 125'SEWER EASEMENT
J a VOL. 10973, PG. 1822_
2 �
O
U)
m A +
m I
Z D
CD
Z I
m
� z I
I a
(n 0 O O CD
� m
O ' �■
m n D
o
m
CD 75
W ID' `'�' j CIO Hi2JON
co `O 1n
cfl I R r
rtNa, , = I m
m CD-
� " CD O I z
s
o
I m
a
CID
o I g A
N O
O
LEGAL DESCRIPTION
EASEMENT ENCROACHMENT
BEING a 0.0092 acre (400 square foot) tract of land situated in the H.T. Boydston Survey, Abstract No.
170, City of Fort Worth, Tarrant County, Texas; said tract being part of that tract of land described as
"Tract 2" in Special Warranty Deed to FW 820, LLC recorded in Instrument No. D222014220 of the Official
Public Records of Tarrant County, Texas; said tract being more particularly described as follows:
COMMENCING at a 1/2-inch iron rod with "BRITTAIN & CRAWFORD" cap found for the northwest corner
of said Tract 2;
THENCE South 00°44'51" West, along the said west line of Tract 2, a distance of 185.26 feet to the
POINT OF BEGINNING; said point being in the west line of a 25-foot wide sewer easement recorded in
Volume 10973, Page 1822 of the Deed Records of Tarrant County, Texas;
THENCE South 89°53'29" East, departing the said west line of Tract 2, a distance of 25.00 feet to a point
for corner in the east line of said sewer easement;
THENCE South 00°44'51" West, along the said east line of the sewer easement, a distance of 15.97 feet
to a point for corner;
THENCE North 89°57'59" West, departing the said east line of the sewer easement, a distance of 25.00
feet to a point for corner in the said west line of Tract 2;
THENCE North 00°44'51" East, along the said west line of Tract 2, a distance of 16.01 feet to the POINT
OF BEGINNING and containing 400 square feet or 0.0092 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 tract.
EASEMENT ENCROACHMENT
OF H.T. BOYDSTON SURVEY,
Gas ABSTRACT NO. 170
MICHAEL C. BILLINGSLEY '' _�9 CITY OF FORT WORTH
REGISTERED PROFESSIONAL ....:.......................:... TARRANT COUNTY, TEXAS
LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY
801 CHERRY STREET, ,0 655s....v:'... Kimle1r)) Horn
UNIT 11 SUITE 1300 P.FORT WORTH, TEXAS 76102 !q � .. ESS\o�•'o�
/1/' ... .` 801 Cherry Street,Unit 11,#1300 Tel.No.(817)335-6511
Q
PH. 817-335-6511 Fort Worth,Texas 76102 FIRM#10194040 www.kimley-hom.com
S U R v
Scale I Drawn by I Checked by Date Proiect No. I Sheet No.
michael.billingsley@kimley-horn.com N/A MCB KHA 9127122 061282601 1OF2
BILLINGSLEY,MICHAEL 9/27/2022 11:44 AM\\KIMLEY-HORN\TX_FTVNFTW SURVEY\061282621-MAJESTIC SILVER CREEK\DWG\061282601-MAJESTIC SILVER CREEK SS ESMT
5/8"IRFC W U z
"PATE ENG" W Q M
rn W O 0 5/8"IRF
M W U
Q JU) N _
J W � J
SILVER CREEK ROAD ~U
(VARIABLE WIDTH PUBLIC RIGHT-OF-WAY)
_ ANTHONY B.CONNOR SURVEY,ABSTRACT NO.306 ,
H.T.BOYDSTON SURVEY,ABSTRACT NO.170
CMF 1/2"IRFC
TESCO" IBRITTAIN
CRAWFOAWFORD" ^.O.C.
I r
LINE TABLE N 25'SEWEREASEMENT
�j VOL.10973,PG.1822
NO. BEARING LENGTH
L1 S89°53'29"E 25.00' ;f,I I TRACT 2
FW 820, LLC
L2 S00°44'51"W 15.97' o I (INST. NO.D222014220)
co
L3 N89°57'59"W 25.00' P .O.B.
L4 N00°44'51"E 16.01 t L1 I04 NORTH
L3
EASEMENT ° so ioo
ENCROACHMENT
0.0092 ACRES GRAPHIC SCALE IN FEET
LOT 2, BLOCK 1 � W 0 z c I 400 SQ. FT.
MAJESTIC SILVER CREEK o U a
ADDITION, PHASE I W f W o a
(INST. NO. D222233899) I Z r W W r- I LEGEND
� W � v "
W � O P,O.C.=POINT OF COMMENCING
U l_- W > I I P.O.B.=POINT OF BEGINNING
IRSC=5/8"IRON ROD W/"KHA"CAP SET
IRFC=IRON ROD W/CAP FOUND
NOTES I CMF=CONCRETE MONUMENT FOUND
I
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202). A
metes & bounds description of even survey date herewith accompanies this survey plat.
The undersigned, Registered Professional Land Surveyor, hereby certifies that this plat of survey accurately sets out
the metes and bounds of the encroachment tract.
EASEMENT ENCROACHMENT
H.T. BOYDSTON SURVEY,
7- P� �F' T ABSTRACT NO. 170
�'�,. �GISTE CITY OF FORT WORTH
MICHAELC. BILLINGSLEY *: � '•.*
REGISTERED PROFESSIONAL :.......................:... TARRANT COUNTY, TEXAS
LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY
801 CHERRY STREET, ,0 6558
UNIT 11 SUITE 1300 l .�P0 ��.: Kimlev))) Horn
FORT WORTH, TEXAS 76102 9 .FE S S��.• O 601 Cherry Street,Unit 11,#,300 Tel.No.(817)335-6511
PH. 817-335-6511 �� S U R Ey Fort Worth,Texas 76102 FIRM#10194040 www.kimley-hom.com
Scale Drawn b Checked by Date Pro eU No. Sheet No.
michael.billingsley@kimley-horn.com 1"=100' MCB KHA 9/27/22 061282601 2OF2
BILLINGSLEY,MICHAEL 9/27/2022 11:44 AM\\KIMLEY-HORN\TX_FTWIFTW_SURVEY\061282621-MAJESTIC SILVER CREEK\DWG\061 2 82601-MAJESTIC SILVER CREEK SS ESMT
File:K:\FT)A Civil\061282621-Majestic Silver Creek\Cad\Plan Sheets\Western Trade\Encroachments\Encroachment Profiles.dwg[EASEMENT ENCROACHMENT 11 4/12/2022 5:42pm
Xrefs:xRoad.dwg xStrm-WT.dwg xUtil-WT.dwg X8511-M.dwg xBndy-WT.dwg xSite-Phase I.dwg xStmt-Phase I.dwq xUtil-Phase I.dwg xExUtil-WT.dwg xExSite-WT.dwq oStri-Phase I.dwg xRecord.dwg Images:
T u)
< D
� (D
3 @m
u)
--177
�D 0
U)
c�
m
c�
m
m
O (Jl O Cn O
m
Cn
m m
m 2.o 0
zm
m -am
^ o
J 03m
r
O 2 m �?
_ _
0 o
o
m
z
O Ul O Ul O
� -0 0 C
� o 0
m � n
� � m
m ID
� W
W
CD v�
rt N �
!y O C/) O
O O
Z m
o
oC:)
CID
o
N
W
EXHIBIT D
Cc rtificatc of Ins urancc
Tier II Easement Encroachment Agreement Page 16 of 16
PN22-00059 Revised 3/2022