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HomeMy WebLinkAboutContract 58673Date Received: 1/3/2023 Time Received: 7:52 a.m. Record Number: PN22-00093 City Secretary No.: 58673 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 Presidio Village, LLC, a(n) Texas limited liability company ("Licensee"), acting by and through its duly authorized signatory. RECITALS WHEREAS, Licensee is the owner of the real property located at 1901 Heritage Trace Parkway, Fort Worth, Texas 76131 ("Property"), being more particularly described in the attached Exhibit "A" which is incorporated herein for all purposes; and WHEREAS, the City owns a sewer, storm drainage and public access easements (the "Public Property") adjacent to the Property as shown in the attached Exhibit "B," which is incorporated herein for all purposes, and as recorded in the plat records of Tarrant County as plat number FP-16-091; and WHEREAS, Licensee desires to construct, place, and maintain certain improvements which will encroach in, on, above, or below the Public Property; and WHEREAS, to accommodate the needs of the Licensee, the City will allow the encroachment under the terms and conditions as set forth in this Agreement. NOW, THEREFORE, the City and Licensee agree as follows: AGREEMENT 1. The City, in consideration of the payment by Licensee of the fee set out below and covenants and agreements hereinafter contained to be kept and performed by Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and occupy a portion of the City's Public Property as described in and at the location shown on Exhibit "C," but only to the extent shown thereon, for the purpose of constructing, installing, and maintaining a private storm drainage and water (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining Tier][[ Easement Encroachment Agreement OFFICIAL RECORD Page 1 of 13 CITY SECRETARY Revised 03/2022 FT. WORTH, TX 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][[ Easement Encroachment Agreement Page 2 of 13 Revised 03/2022 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. 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. 9. Tier H Easement Encroachment Agreement Page 3 of 13 Revised 03/2022 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 term of this Agreement and until the removal of the Encroachment and restoration of the Public Property. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. 11. Tier H Eas ement Encroachment Agreement Page 4 of 13 Revised 03/2022 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. Tier H Easement Encroachment Agreement Page 5 of 13 Revised 03/2022 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. assigns. 20. This Agreement shall be binding upon the parties hereto and their successors and 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 H Easement Encroachment Agreement Page 6 of 13 Revised 03/2022 City: CITY OF FORT WORTH By :DJ Harrell (Dec 22, 202212:30 CST) D.J. Harrell, Director of the Development Services Department Date: Dec 22, 2022 �o4vvn��� 000rt F° o 12���0 c ATTEST: P -o �'' Pvo g2 �Oa'W'OO 0 A 0000000 p i,7g�r�ett2 GDOGrGiGG a�a� �EXASo4`� Jannette S. Goodall (Jan 3, 2023 07:51 CST) Jannette Goodall, City Secretary Date: J an 3, 2023 Licensee: Presidio Village, LLC a Texas limited liabil,�ty By: y NA*=.e it M04A--9-5411 Date: I l • 2�t - 2Z Approved As To Form and Legality Thomas Royce Hansen Assistant City Attorney Date: Dec 22, 2022 Contract Compliance Manager: By signing I acknowledge that l am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Re6ecc� bcce Ox"-/v Rebecca Diane Owen (Dec 22, 202211:15 CST) Rebecca Owens Development Services Date: Dec 22, 2022 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier Il Easement Encroachment Agreement Page 7 of 13 Revised 03/2022 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, linown to me to be the person whose name is subscribed to the foregoing instrument, and aclinowledged 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_22nd day of December , 20 22 . WendL� Digitally signed by Y Wendy L. Beardslee Beardslee Date:2022.12.22 13:34:58 -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 o�pRY/'(WENDY L BEARDSLEE Notary Public * * STATE OF TEXAS N� Notary I.D. 13323719-3 9�OF My Comm. Exp. July 28, 2025 Page 8 of 13 Revised 03/2022 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of -TCIX5 on this day personally appeared Reza Mirzadeh, signature authority (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 Presidio Village, LLC, a Texas limited liability company (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this Zh day of 20 2'� . v 11.v Notary Public in and for the State of TAX a J Tier 11 Easement EnctoachmentAg►eement ASHLEY N SMITH f,� • - • ��� +'+ Notary Public STATE OFT S IDA. 26526497 Page 9of13 Revised 03/2022 EXHIBIT A Description of the Licensee's Property Being a tract of land situated in the Josiah Walker County, Abstract No. 1600, in City of Fort Worth, Tarrant County, Texas, being a tract of land conveyed to Gary C, Morchower MD profit sharing plan, by deed recorded in County's Clerk's File No. D207051253, Deed Records, Tarrant County, Texas Lot 2 Block 1 CVS-Harmon Addition Tier H Easement Encroachment Agreement Page 10 of 13 Revised 03/2022 50 0 50 100 \ 1 " = 10 0' i Basis of bearing: State Plane Coordinate System, North Texas 6- Central Zone 4202, North American Datum of 1983. Adjustment Realization 2011. \ 4 5/8" CIRF PRE51DIa WEST \ kwL Nw M42ILM \7n PR= f EXHIBIT "All / / / � 112" CIRF t • .11, ■I .I M �s I I I LOT 3, BLOCK 1 CV5-HARMON ADDITION Inst. No. D217215222 PRTCT I � I I I � j Approximate Location of I Flood Zone AE per FIRM No. 48439CO065L dated 03/21/2019 Permanent Drainage Facility Easement Inst. No. 215019585 it I DRTCT I I 1/2" CIRF 15' Sanitary Sewer Esmt ;�— Inst. No. 217215222 PRTCT I Encroachment 1 Encroachment 4 3 o (Sewer) (Drainage) 5/8" CIR LOT Z BLOCK 1 LOT 1, BLOCK 1 , CV5-HARMON ADDITION x I Inst. No. D 217215222 PRTCT TI CV5-HARMON ADDITION Inst. No. D217215222 PRTCT I \ I Drainage Facility Esmt Encroachment 6 I \ Inst. No. 217215222 PRTCT (Access) 24' Public Access Esmt Inst. No. 217215222 PRTCT <Encroachment 5 � (Access) _ WAY 5/8 CCM / VITA6E Rtcr��'of *A NE R1ABt-E `N►OTMr J�SPJIARS ENGINEERING & SURVEYING "KNOMM - IAFSN6 Ftoomw - "Wff4i>IW=M Drawn: I Checked:1 Date I Job No. JS I TB 1 6/29/22 1 21-076 Encroachment 2 (Sewer) II IIII IIII ill Encroachment 3 i i ; (Sewer) t� II IIIII _ \O II IIIII 15' Sanitary Sewer Esmt --EX�Ex_W I I IIIII W-E% Inst. No. 217215222 PRTCT \\\ I I I X I \\�� II IIIII IIIII O� II IIIII PAGE 1 OF 16 EASEMENT ENCROACHMENTS - VICINITY MAP JOSIAH WALKER SURVEY, ABSTRACT NO. 1600 CITY OF FORT WORTH TARRANT COUNTY, TEXAS Drawing: G:\2021 JOBS\21-076 19D1 Heritage hate Pkwy\SURvMDNG\21-076 Encroachment AgmnwLdwg Savad By: Jwmaan Sm T— 9/21/2022 4.37.13 PM Plotted by: jsamaan Plot Date: 9/21/2022 4:38 PM EXHIBIT B Depiction of the Public Property Tier H Easement Encroachment Agreement Page 11 of 13 Revised 03/2022 �mmsmW�a';eaa98Hg8aa2o4$0 . sa ss'ssssasW yss es - m E 185.14' -- P sui=e�as�8aq#5saf m oa4'.►/4 / 8; 4 Hi i Q r gn HIM HW gp� Hu. 14sx I �n ly Im g Won $�Q j>g 1s, m h Q 'Yi-- d 11 6 I I L22 s� �T I ; $ TOA6'. sizor !I raa n�5—I msIg n a 9 W ��I�a� 18 s o 0 Z I III\ a. io I I x o , tl mn 33C dGi L3b n s'z ,6L£b.OZO=� Lti eV4=l 00'89�'l 284.29ie y� £3 ffi 6LS�9 zu„3ansvr3wsYn �gy adAl _ xtwre_ uxEl m I �_—IFr— tt. 9 6rv�,os.L�nm�' y30tl11L3H i -�-- m 9 ytld 30tl:1 Id i m 6 G 6 G 5 G G $ B` ffi tl o m ffi m ffi S�� m i I s g 3m a z �� 8W E �y z ds�3s� gg ggd R 3 � sac ° & S lo '1111 i e �� xo MTE FINAL PLAT F.—.. M WALKER SURVEY, ABSTRACT W. 1602 CITY OF FORT WORTH CVS — HARMON ADDITION TARRANT COUNTY, TE%A3 LOTS 1, 2, 83. BLOCK OMR 1028B5 e 8 S� QN $"� am f f� f� 'a" s 4 sxP� a p�� 9�� � > >_ >_ �^ ���m fig= ��_ � $�'m s$,� ��s� jRn a s 9^ 3^m - i- aim s m #Q='a� iiw [N 66 �Na?JIM a S+ g � S I I jai IN QSA 91 $1' 3aq�q �����£ N it $,I £ 4I 1 m �ass3 !gig 1, I "aiS 1 N c. a,s�s 's4 a €� s � g� se Na leis s s m. a £$ I aa� sss a E 6 gia -R. jg Ycs- gAg g2 9 $ � a�g §€ gy H IM,I$s-5I a°B 4 5"s fil p§Fq� I.&eaac ,6 -8 @ pg i8�m $gg g�� �3m as a$ .3 g' Hi q T 13 " ar $S 3 5s all 4l m�g s¢ $ 'all c.� A., I Pit= a, s O IN a $� III � W �r OAs Y --__- Wwn N u� HARMON ROAD ryARIABLE wIorH RIGHT-oR-wAY 1w'-u1') Dm:110113 _- JOBIAH MLKER SURVEY, ABSTRACT N0.1002 w n k eim a n n FINAL PLAT CITY OF FORT V40RTH 8mk: WA TARRANT COUNTY, TEXAS & Associates, Inc. N N m CVS — HARMON ADDITION M� m Rlb roese-mEr evs Rn.R,Mw.lm. vreMea rol,3m, uc ,m.., m.�=m... LOTS 1, 2,&3, BLOCK ple�p� 2ot2E Remd MlN Raea, aYM.311 m..�"°.w�'�m'mmm FmNaKm w�xM,woz3es Anlnam�, Tmm.re311 EXHIBIT C Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page 12 of 13 Revised 03/2022 METES & BOUNDS BEING a tract of land situated in the J. Walker Survey, Abstract No. 1600, City of Fort Worth, Tarrant County, Texas, being part of Lot 2, Block 1 of CVS—Harmon Addition, according to the plat thereof recorded in Instrument No. D217215222 of the Plat Records of Tarrant County, Texas, with the subject tract being more particularly described as follows: BEGINNING at a point from which a 1 /2" capped iron rod found along an east line of Lot 2, Block 1, bears N 01 ° 16' 17" E, 66.01 feet; THENCE S 89e49' 17" E, 15.00 feet; THENCE S 01`20'59" W, 4.00 feet; THENCE N 89°49' 17" W, 15.00 feet to a point from which a 5/8" capped iron rod found for the southwest corner of Lot 2, Block 1, bears S 39°24'33" W, 481.45 feet; THENCE N 01 °20'59" E, 4.00 feet to the POINT OF BEGINNING with the subject tract containing 60 square feet or 0.001 acres of land. PAGE 2 OF 161 J�SPIARS SANITARY SEWER EASEMENT ENCROACHMENT 1 ENGINEERING SURVEYING M422=- JOSIAH WALKER SURVEY, ABSTRACT NO. 1600 76sowrieo.a.s+e.,ro Nrn7x75gA 977A�t.0rtf 7MNa F2121 • Tilm Nn F100tlia0 • — Drawn: Checked: Date Jab No. CITY OF FORT WORTH Js TB 6/23/22 21-076 TARRANT COUNTY, TEXAS Drawing: G:\2021 JOBS\21-076 19DI Heritage hate Pkwy\SURVMDNG\21-076 Encroachment Agr nmLdwg Savad By: Jwmaan Sm T— 9/21/2022 4.37.13 PM Plotted by: jsamaan Plot Date: 9/21/2022 4:38 PM Basis of bearing: State Plane Coordinate System, North Texas Central Zone 4202, North American Datum of 1983. Adjustment Realization 2011. +J POINT OF BEGINNING I LOT Z BLOCK 1 CV5-HARMON ADDITION Inst. No. D21721522I2 PRTCT n I I IVSPIARS ENGINEERING & SURVEYING MO wIllinD,SOIs1OD • Fhft7X M • D72A22.00J7 "KNO 2M • IAFSN6F10DO1100 • "Wff4* W=M Drawn: I Checked:1 Date I Job No. JS I TB 6/23/22 1 21-076 N 01'20'59" E_ 4.00' h� I I I I I I I 1 I I I1/2" CIRF I I I I I I I I I I I o i I j Permanent Drainage Facility Easement Inst. No. 215019585 zl 1 W i I i DRTCT �I I I I I o I 15' Sanitary Sewer Esmt Z I I Inst. No. 217215222 PRTCT 1 I I I I I 1 I I I I I I I I I I I I i I S 89*49'17" E i S 01'20'59" W I 15.00' 4.00' 1 1 UQ I N8I i Proposed 24' Private 7WSamntary Sewer Ease ment15.00 I I Encroachment I I 0.001 Ac. 1 cn l i I (60 S.F.) 1 I I I of I I I 3 i Approximate Location of Flood Zone AE �I a 00 l w per FIRM No. 48439C0065L —I dated 03/21/2019 I 1 PAGE 3 OF 16 SANITARY SEWER EASEMENT ENCROACHMENT 1 JOSIAH WALKER SURVEY, ABSTRACT NO. 1600 CITY OF FORT WORTH TARRANT COUNTY, TEXAS Drawing: G:\2021 JOBS\21-076 19DI Heritage hate Pkwy\SURvMDVn\21-076 Encroachment Agr nmLdwg Savad By: Jwmaan Sm T— 9/21/2022 4.37.13 PM Plotted by: jsamaan Plot Date: 9/21/2022 4:38 PM 755 rwil 745 740 735 730 Permanent Drainage 15' Sanitary Facility Easement Sewer Esmt Proposed Gri CL Pipe Existing Ground aI'/Niil Ei Z,,,, ! ME, �„Mi,�`� iEii•� 1 P1, VI � i,,M,1 ! iVIMM,,�i ,,•Q ,,. = 10.000 Ch5.66 1 1 1 0.0091 Hv 0.20 ft ti11 •i■ 1 1 1 , 1 0+00 1 +00 2 PAGE 4 OF 16 J�SPIARSSANITARY SEWER EASEMENT ENCROACHMENT 1, 4 ENGINEERING7MSURVEYINL g"n= JOSIAH WALKER SURVEY, ABSTRACT NO. 1600 7fosErR.tl.Alld lro Prll..Txxon lrurt.•Irn 7AEII mm - 1BIFSN6momw - "Wff4* W=M Drawn: Checked: Date I dab No. CITY OF FORT WORTH Js I TB 1 6/23/22 1 21-076 TARRANT COUNTY, TEXAS Drawing: G:\2021 JOBS\21-076 1901 Heritage Trace Pkwy\SURvE1'\DWG\21-076 Encroachment Agree—t.dw9 Soved By: J—on Save Time: 9/21/2022 4.37:13 PM Plotted by: jsomoon Plot Dote: 9/21/2022 4:38 PM METES & BOUNDS BEING a tract of land situated in the J. Walker Survey, Abstract No. 1600, City of Fort Worth, Tarrant County, Texas, being part of Lot 2, Block 1 of CVS—Harmon Addition, according to the plat thereof recorded in Instrument No. D217215222 of the Plat Records of Tarrant County, Texas, with the subject tract being more particularly described as follows: BEGINNING at a point from which a 5/8" capped iron rod found for the southwest corner of Lot 2, Block 1, bears S 70°49'34" W, 316.92 feet; THENCE N 01°20'59" E, 4.00 feet to a point from which a 1/2" capped iron rod found for an east line of Lot 2 Block 1, bears N 01°20'03" E, 333.99 feet; THENCE S 89"49' 17" E, 15.00 feet; THENCE S 01°20'59" W, 4.00 feet; THENCE N 89°49' 17" W, 15.00 feet to the POINT OF BEGINNING with the subject tract containing 60 square feet or 0.001 acres of land. PAGE 5 OF 161 J�SPIARS SANITARY SEWER EASEMENT ENCROACHMENT 2 422=r M ENGINEERING B�SURVEYING 7esoaurwo�a.suslao JOSIAH WALKER SURVEY, ABSTRACT NO. 1600 7MNa F2121 • TM Nn FNro.lx75m5 a»mr• IMMO0 • — Drawn: Checked: Date Jab No. CITY OF FORT WORTH Js TB 6/23/22 21-076 TARRANT COUNTY, TEXAS Drawing: G:\2021 JOBS\21-076 19DI Heritage hate Pkwy\SURVMDNG\21-076 Encroachment Agr nmLdwg Savad By: Jwmaan Sm T— 9/21/2022 4.37.13 PM Plotted by: jsamaan Plot Date: 9/21/2022 4:38 PM 1 1 10 21f 1 Basis of bearing: State Plane Coordinate System, North Texas Central Zone 4202, North American Datum of 1983. Adjustment Realization 2011. I 24' Public Access Esmt Inst. No. 217215222 PRTCT I \ I I \ M I 3 I �vl cnl I I I \ \ rn -0 I 2 0 l 'D I LOT Z BLOCK 1 o i a CV5-HAKMON ADDITION Inst. No. D217215222 PRTCT I 15' Sanitary Sewer Esmt Inst. No. 217215222 PRTCT _ I I I I I I I IS 89'49'17" 0'59N 01'20'59" E 0L W 4.00'7.0�4.00' Proposed �6�" Prla%T Fire� 4 Proposed 2" Private INT OF BEGOINNING �`� 1� � N 89'49'17" W Encroachment -- C --0:007 Ac. (60 S.F.) �N 1516oa2�cMl --------------- _ — ____ Sala„ �opP �15'SaWitary Sewer Esmt Inst. No. 217215222 PRTCT -------------- _____ NE[ZCCPG �PTM Rt�T_oF—WAY -------------- -Ex-W—°-"— - PAGE 6 OF 16 J�SPIARS SANITARY SEWER EASEMENT ENCROACHMENT 2 ENGINEERING SURVEYINGr"n= JOSIAH WALKER SURVEY, ABSTRACT NO. 1600 "Mmmmxao.arro.a.we�oo Prno,Tx7wn sruaam7 Drawn: Checked: I Date Job No. CITY OF FORT WORTH JS TB 6/23/22 1 21-076 1 TARRANT COUNTY, TEXAS Drawing: G:\2021 JOBS\21-076 19D1 Heritage hate Pkwy\SURVMDVn\21-076 Encroachment Agr nmLdwg Saved By: Jeamaan Sm Time: 9/21/2022 4.37.13 PM Plotted by: jsamaan Plot Date: 9/21/2022 4:39 PM MR 750 745 740 735 730 0121.58 Existing Ground ' W Private r(L ter Pipe r� — ----------- --- ---- --------- 0+23.58 6" Priv to ------- Water cV CV o EX. L �CSS B ckfill 0+00 1 +00 2+00 Ex. Line 'SS 1 "=40': H 1 "=4': V PAGE 7 OF 16 J�SPIARS SANITARY SEWER EASEMENT ENCROACHMENT 2 ENGINEERING & SURVEYING "n= JOSIAH WALKER SURVEY, ABSTRACT NO. 1600 xao.arro.a.we�oo Prno,Tx7wn sruaam7 7AEII mm • 1BIm Ftomw • "WWA imrmh Drawn: Checked: Date Job No. CITY OF FORT WORTH JS TB 6/23/22 21-076 TARRANT COUNTY, TEXAS Drawing: G:\2021 JOBS\21-076 19DI Heritage hate Pkwy\SURvMDNG\21-076 Encroachment Agr nmLdwg Saved By: Jsamaan Sm Time: 9/21/2022 4.37.13 PM Plotted by: jsamaan Plot Date: 9/21/2022 4:39 PM METES & BOUNDS BEING a tract of land situated in the J. Walker Survey, Abstract No. 1600, City of Fort Worth, Tarrant County, Texas, being part of Lot 2, Block 1 of CVS—Harmon Addition, according to the plat thereof recorded in Instrument No. D217215222 of the Plat Records of Tarrant County, Texas, with the subject tract being more particularly described as follows: BEGINNING at a point from which a 5/8" capped iron rod found for the southwest corner of Lot 2, Block 1, bears S 77°47'56" W, 372.16 feet; THENCE N 00e39'01 " W, 15.02 feet to a point from which a 1 /2" capped iron rod found for an east line of Lot 2 Block 1, bears N 09°1 1'34" W, 352.85 feet; THENCE around a non —tangent curve to the right having a central angle of 00°32' 16", a radius of 1279.75 feet, a chord of N 86e35'05" E — 12.01 feet, an arc length of 12.01 feet; THENCE S 00`39'01 " E, 15.01 feet; THENCE around a non —tangent curve to the left having a central angle of 00e32'39", a radius of 1265.00 feet, a chord of S 86°32'58" W — 12.01 feet, an arc length of 12.01 feet to the POINT OF BEGINNING with the subject tract containing 180 square feet or 0.004 acres of land. PAGE 8 OF 16 J�SPIARS SANITARY SEWER EASEMENT ENCROACHMENT 3 ENGINEERING & SURVEYING 7BoeurNo"sus100 A== JOSIAH WALKER SURVEY, ABSTRACT NO. 1600 7MHOF2121 • MA Hn FPrnwlx7w75 s72»utavn IMMO0 • W M.141M>1MMAMI1 Drawn: Checked: Date Job No. CITY OF FORT WORTH Js TB 6/23/22 21-076 TARRANT COUNTY, TEXAS Drawing: G:\2021 JOBS\21-076 19DI Heritage hate Pkwy\SURVMDNG\21-076 Encroachment Agr nmLdwg Savad By: Jwmaan Sm Ti 9/21/2022 4.37.13 PM Plotted by: jsamaan Plot Date: 9/21/2022 4:39 PM 10 0 10 20 Basis of bearing: State Plane Coordinate System, North Texas Central Zone 4202, North American Datum of 1983.___---_—_—_--- Adjustment Realization 2011. _= z-- LOT Z BLOCK 1 15\Sanitary Sewer Esmt --7 Inst. No. z \ i — — C115-HARMONADDI1ION Inst. No. D217215222 PRTCT 217215222 PRTCT o — \ a3i I -;a N \ I \ `• � cn I a oo I N _ —T -- R=1279.75' co I I I I Proposed 2" Private Domestic Sanitary Sewer Easement Ifti4*44. ETIlc]Y:i➢ach71Tlle]Tllt � ---0.-e047Ac----- (180 S.F.) <5 o _ �Lo Ex. 8" Public Sanitary Sewer o D=0 3216 \ L=12.01' \ CB=N 86'35'05" E \ \ CD=12.01' ---- r I o I o v, — ' t 15' Sanitary Sewer Esmt .16' D=0*3232'39" - R= = Inst. No. 217215222 PRTCT " N 3�2 S ��'4�'56 W Iron Rod �CM� L=12.01' Zo 5I$" Copped �\\\ ��M CB=S 86.32'58" W CD=12.01' POINT OF \���` _ � ARKWAY BEGINNING — ______ ------ HERITAGE�`RICHT_oF—WAY ___-------_—--------- —------------------- VARIABLE -------------------------- �\\ PAGE 9 OF 16 J�SPIARS SANITARY SEWER EASEMENT ENCROACHMENT 3 ENGINEERIm7X7MSURVEYING MOM- JOSIAH WALKER SURVEY, ABSTRACT NO. 1600 7eso.urim.a.sue.,ro Nrnlx75gA 97t,�atau� 7MNa F2121 • TIM Nn F100MW • — Drawn: Checked: Date Job No. CITY OF FORT WORTH Js TB 6/23/22 21-076 1 TARRANT COUNTY, TEXAS Drawing: G:\2021 JOBS\21-076 19D1 Heritage hate Pkwy\SURvMDNG\21-076 Encroachment Agr nmLdwg Savad By: Jwmaan Sm T— 9/21/2022 4.37.13 PM Plotted by: jsamaan Plot Date: 9/21/2022 4:39 PM 755 750 745 CjIf 735 730 -Existing Groun 0+62.56 0 CL Pipe 2" Private MV Water ,_-- -- 0+57.55 0+67.57 2" Private Water, 6" Private Water Ex. 12" PVC N cV On 0.24% CSS Backfill 0+00 1+00 1+50 Ex. Line 'SS- 1 "=40': H 1 "=4': V 755 750 745 VZ 'Ile, 735 730 PAGE 10 OF 16 J�SPIARS SANITARY SEWER EASEMENT ENCROACHMENT 3 ENGINEERING & SURVEYING "n= JOSIAH WALKER SURVEY, ABSTRACT NO. 1600 xao.arro.a.we�oo PIr1o,Tx7wn sruaam7 7AEII mm • 1BIm Ftomw • "WWA imrmh Drawn: Checked: Date Job No. CITY OF FORT WORTH JS TB 6/23/22 21-076 1 TARRANT COUNTY, TEXAS Drawing: G:\2021 JOBS\21-076 19DI Heritage hate Pkwy\SURvMDNG\21-076 Encroachment Agr nmLdwg Saved By: Jsamaan Sm Time: 9/21/2022 4.37.13 PM Plotted by: jsamaan Plot Date: 9/21/2022 4:39 PM METES & BOUNDS BEING a tract of land situated in the J. Walker Survey, Abstract No. 1600, City of Fort Worth, Tarrant County, Texas, being part of Lot 2, Block 1 of CVS—Harmon Addition, according to the plat thereof recorded in Instrument No. D217215222 of the Plat Records of Tarrant County, Texas, with the subject tract being more particularly described as follows: BEGINNING at a point from which a 1 /2" capped iron rod found along the east line of Lot 2, Block 1, bears N 1 1 `35'04" W, 67.42 feet; THENCE S 89e49' 17" E, 31.52 feet; THENCE N 00°10'43" E, 4.50 feet; THENCE S 89*49' 17" E, 11.00 feet; THENCE S 00"10'43" W, 13.00 feet; THENCE N 89*49'17" W, 11.00 feet; THENCE N 00e10'43" E, 4.50 feet; THENCE N 89°49' 17" W, 31.60 feet to a point from which a 5/8" capped iron rod found for the southwest corner of Lot 2, Block 1, bears S 40°45'55" W, 491.09 feet; THENCE N 01 °20'59" E, 4.00 feet to the POINT OF BEGINNING with the subject tract containing 269 square feet or 0.006 acres of land. PAGE 11 OF 161 J�SPIARS DRAINAGE EASEMENT ENCROACHMENT 4 ENGINEERING & SURVEYING 7BoeurNo"sus100 A== JOSIAH WALKER SURVEY, ABSTRACT NO. 1600 7MHOF2121 • MA Hn FPrnwlx7w75 s72»utavn IMMO0 • W M.141M>1MMAMI1 Drawn: Checked: Date Job No. CITY OF FORT WORTH Js TB 6/27/22 21-076 TARRANT COUNTY, TEXAS Drawing: G:\2021 JOBS\21-076 19DI Heritage hate Pkwy\SURVMDNG\21-076 Encroachment AgmnwLdwg Savad By: Jwmaan Sm T— 9/21/2022 4.37.13 PM Plotted by: jsamaan Plot Date: 9/21/2022 4:39 PM =me 1 1 Basis of bearing: State Plane Coordinate System, North Texas Central Zone 4202, North American Datum of 1983. Adjustment Realization 2011. uu I V LOT Z BLOCK 1 CV67-HARMON ADDITION Inst. No. D2172152I2I2 PRTCT II I IVSPIARS ENGINEERING & SURVEYING 7SOMWIlI.4SUU100 PI11gTx7M • 97L422= Drawn: I Checked:1 Date I Job No. JS I TB 6/27/22 1 21-076 POINT OF BEGINNING Proposed 24" Private Storm 01'20'59" I I - I I I I i I I I I1/2" CIRF I I -i6 — — I I I I I I 1— Iz I I I I, I Permanent Drainage Facility Easement I Inst. No. 215019585 � 1 I Z I i DRTCT I I I N j I I I 15' Sanitary Sewer Esmt I Inst. No. 217215222 PRTCT 1 I I I I I 1 I I I I IN 00'10'43" E 4.50S 89*49117" E 00' I S 89'49'17" E 11.3:: 31.52' Q M . 19 C 1 O M N 89'49'17" W 31.60' I I N 89'49'17" W E I IN 00'10'43" E 11.00' 0' o`� ��� i 4.50' Drainage Easement 1 ear` I i Encroachment �h QQ I 0.006 Ac. (269 S.F.) Approximate Location of Flood Zone AE per FIRM No. 48439CO065L ---- T— dated 03/21/2019 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I i I PAGE 12 OF 16 DRAINAGE EASEMENT ENCROACHMENT 4 JOSIAH WALKER SURVEY, ABSTRACT NO. 1600 CITY OF FORT WORTH TARRANT COUNTY, TEXAS Drawing: G:\2021 JOBS\21-076 19DI Heritage hate Pkwy\SURvMDVn\21-076 Encroachment AgmnwLdwg Savad By: Jwmaan Sm T— 9/21/2022 4.37.13 PM Plotted by: jsamaan Plot Date: 9/21/2022 4:39 PM METES & BOUNDS BEING a tract of land situated in the J. Walker Survey, Abstract No. 1600, City of Fort Worth, Tarrant County, Texas, being part of Lot 2, Block 1 of CVS—Harmon Addition, according to the plat thereof recorded in Instrument No. D217215222 of the Plat Records of Tarrant County, Texas, with the subject tract being more particularly described as follows: BEGINNING at a point from which a 5/8" capped iron rod found for the southwest corner of Lot 2, Block 1, bears S 67°44'40" W, 281.31 feet; THENCE N 00e10'43" E, 24.26 feet; THENCE N 82°03'55" E, 4.04 feet to a point from which a 1/2" capped iron rod found along an east line of Lot 2, Block 1, bears N 07°50'30" E, 313.56 feet; THENCE S 00°10'43" W, 24.24 feet; THENCE S 81`50'50" W, 4.04 feet to the POINT OF BEGINNING with the subject tract containing 97. square feet or 0.002 acres of land. PAGE 13 OF 161 J�SPIARS PUBLIC ACCESS EASEMENT ENCROACHMENT 5 422=r M ENGINEERING d�SUR 79SOSYrNo«LAYd 70D JOSIAH WALKER SURVEY, ABSTRACT NO. 1600 7MNa F2121 • TM Nn FNro,lxlsms 7AA�ims• IMMO0 • — Drawn: Checked: Date Jab No. CITY OF FORT WORTH Js TB 6/27/22 21-076 TARRANT COUNTY, TEXAS Drawing: G:\2021 JOBS\21-076 19DI Heritage hate Pkwy\SURVMDNG\21-076 Encroachment AgmnwLdwg Savad By: Jwmaan Sm T— 9/21/2022 4.37.13 PM Plotted by: jsamaan Plot Date: 9/21/2022 4:39 PM Basis of bearing: State Plane Coordinate System, North Texas Central Zone 4202, North American Datum of 1983. Adjustment Realization 2011. J N 82.03'55" E 4.04 N 00.10'43" E_ 24.26' POINT OF BEGINNING 24' Public Access Esmt Inst. No. 217215222 PRTCT a1lcMl S 6� ,oP e \t0� Ro \051$ C P I QJ �0 0 Z o LU O � M Q U C N Z � 1° U W a� 0 0 I � a� N C I I I I I \ I I I I \ \ I I I \ I I \ I I \ I I I \ \ Drainage Facility Esmt Inst. No. 217215222 PRTCT \ i I i I • I I I I I \ I I I I I I I I I I I I I I I I I I LOT Z BLOCK 1 CV5-HARMON ADDITION Inst. No. D217215222 PRTCT N � I O Access Easement ON � ]Errncroach ment 0.002 Ac. N i (97S. I S 81.50'50" W 4.04' I I I � 15' Sanitary Sewer Esmt I I Inst. No. 217215222 PRTCT i of I I o I - I Proposed 6" Pri% 0o I f l Proposed T Priv w i Sanitary Sewer Ease1 I Encroachment — __J t__------_(180S.F.) Ex. 8" Public Sanitary Sewer S11,1 _To 5�$ 4C0p e-d 15' Sanitary Sewer Esmt Inst. No. 217215222 PRTCT POINT OF BEGINNING - --------------- PAGE 14 OF 16 J�SPIARS PUBLIC ACCESS EASEMENT ENCROACHMENT 5 ENGINEERING &SURV"n= JOSIAH WALKER SURVEY, ABSTRACT NO. 1600 �o.arro.a.we�oo Prno,Tx7wn srux:.am7 7AEII "M • IAFSN6Ftomw • "WWA*strrma Drawn: Checked: I Date I Job No. CITY OF FORT WORTH JS TB 6/27/22 1 21-076 TARRANT COUNTY, TEXAS Drawing: G:\2021 JOBS\21-076 19D1 Heritage hate Pkwy\SURVMDVn\21-076 Encroachment AgmnwLdwg Savad By: Jwmaan Sm T— 9/21/2022 4.37.13 PM Plotted by: jsamaan Plot Date: 9/21/2022 4:39 PM METES & BOUNDS BEING a tract of land situated in the J. Walker Survey, Abstract No. 1600, City of Fort Worth, Tarrant County, Texas, being part of Lot 2, Block 1 of CVS—Harmon Addition, according to the plat thereof recorded in Instrument No. D217215222 of the Plat Records of Tarrant County, Texas, with the subject tract being more particularly described as follows: BEGINNING at a point from which a 5/8" capped iron rod found for the southwest corner of Lot 2, Block 1, bears S 68° 19'47" W, 293.03 feet; THENCE N 08e15'28" W, 18.16 feet; THENCE N 36°44'32" E, 8.15 feet to a point from which a 1 /2" capped iron rod found along the east line of Lot 2, Block 1, bears N 06°01'14" E, 310.98 feet; THENCE N 82°44'37" E, 5.56 feet; THENCE S 36`44'32" W, 10.36 feet; THENCE S 08e15'28" E, 16.55 feet; THENCE S 82°21'50" W, 4.00 feet to the POINT OF BEGINNING with the subject tract containing 106 square feet or 0.002 acres of land. PAGE 15 OF 161 J�SPIARS PUBLIC ACCESS EASEMENT ENCROACHMENT 6 ENGINEERING & SURVEYING M422=r JOSIAH WALKER SURVEY, ABSTRACT NO. 1600 7esosurxo�e.wstro PIr1o,Txrms m.w.mr• TMENOMM • "M F1000100 • M Drawn: Checked: Date Jab No. CITY OF FORT WORTH Js TB 6/27/22 21-076 TARRANT COUNTY, TEXAS Drawing: G:\2021 JOBS\21-076 19DI Heritage hate Pkwy\SURvMDNG\21-076 Encroachment AgmnwLdwg Savad By: Jwmaan Sm T— 9/21/2022 4.37.13 PM Plotted by: jsamaan Plot Date: 9/21/2022 4:39 PM I 1 1J � I � I I I \ i I Drainage Facility Esmt \ Inst. No. 217215222 PRTCT cc 10 0 10 20 !off 1 20 I I ,> 1 � 0 III =�I I I i I Basis of bearing: - CL State Plane Coordinate n I I I System, North Texas o ci I I Central Zone 4202, North American Datum of 1983. Adjustment Realization 2011. I �� ;.\ i I LOT Z BLOCK 1 ` I CV5-HAIZMON ADDITION I Inst. No. D217215222 PRTCT Proposed 12" Private Storm N 82'44'37" E-- 5.56' -- - — N 36°44'32" E 1 1 15' Sanitary Sewer Esmt 815' S 36°44'32" W I� Inst. No. 217215222 PRTCT 10.36' z o Access F-aseeffnt ; 0 24' Public Access Esmt °D Ln v " Erteroehrn''rnt 0.00P Ac. Inst. No. 217215222 - o' C0 (1061S.F.) cn Z = — _ PRTCT m I r Pr Dosed 6" I POINT OF BEGINNING W R° 5 '.Z1gC Ppea— \0 "Il--____----- S 82°21'S0" W a 4.00' 00 I XI w Sanitary Sewer I ,.a I--------- . 180S.F. Ex. 8" Public Sanitary Sewer — N 312 S V 41'S6" W Iron R0 Capped 15' Sanitary Sewer Esmt Inst. No. 217215222 PRTCT POINT OF BEGINNING -----------H���AG %T'�,WAY_______________ - PAGE 16 OF 16 J�SPIARS PUBLIC ACCESS EASEMENT ENCROACHMENT 6 ENGINEERING & SURVEYING JOSIAH WALKER SURVEY, ABSTRACT NO. 1600 �osarxo�a.wsiro Prno,Tx7wn srux:.am7 7AEIIO"M • 1BIFSN6Ftomw • "WWA*stMM" Drawn: Checked: Date Job No. CITY OF FORT WORTH JS TB 6/27/22 21-076 TARRANT COUNTY, TEXAS Drawing: G:\2021 JOBS\21-076 19DI Heritage hate Pkwy\SURvMDYn\21-076 Encroachment AgmnwLdwg Savad By: Jwmaan Sm T— 9/21/2022 4.37.13 PM Plotted by: jsamaan Plot Date: 9/21/2022 4:39 PM EXHIBIT D Certificate of Insurance Tier H Easement Encroachment Agreement Page 13 of 13 Revised 03/2022