HomeMy WebLinkAboutContract 59428Date Received: 5/19/23 Record Number: PN21-00058
Time Received: 11:09 a.m. City Secretary No.: 59428
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
TIER 11
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 MADMAR, INC., a(n) Kansas
for -profit corporation ("Licensee"), acting by and through its duly authorized Vice
President.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 1300 Highway
114 Road, Fort Worth, Texas 76247 ("Property"), being more particularly described in
the attached Exhibit "A" which is incorporated herein for all purposes; and
WHEREAS, the City owns a sanitary 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 official public records of Denton County as
Document No. 2020-87; 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 private storm drains and landscaping (the
"Encroachment"). Upon completion of the Encroachment, Licensee agrees to be
responsible for maintaining the Encroachment within the Public Property. Licensee shall
Tier II Easement Encroachment Agreement OFFICIAL RECORD Page 1 of 13
PN21-00058 CITY SECRETARY Revised 11/2020
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 a copy all plans and specifications to the Director of the
Development Services Department or duly authorized representative.
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 substantially similar as existing prior to the installation of the Encroachment.
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
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PN21-00058 Revised 11/2020
assess a lien on the Property for the actual reasonable 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 Five Hundred Dollars ($500.00).
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
following applicable notice and cure period. 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.
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,
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PN21-00058 Revised 11/2020
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
. 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. Notwithstanding the foregoing, in the event any tenant of all of the
Property is permitted to self-insurance under such lease, such self-insurance by the tenant
shall satisfy this Section 10.
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.
Tier II Easement Encroachment Agreement Page 4 of 13
PN21-00058 Revised 11/2020
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 -parry 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.
17.
The parties agree that the duties and obligations contained in Section 5 shall
survive the termination of this Agreement.
Tier II Easement Encroachment Agreement Page 5 of 13
PN21-00058 Revised 11/2020
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. Notwithstanding
the foregoing, in the event Licensee conveys the Property, Licensee may assign all of its
rights and obligations under this Agreement to the new owner of the Property, and
Licensee shall be deemed released from its duties and obligations hereunder upon City's
approval in writing of such assignment, which approval shall not be unreasonably
conditioned or withheld. Foreclosure by a secured lender of Licensee or assignment to a
secured lender by Licensee in the event of default or otherwise shall not require City
approval provided that said lender notifies City in writing within sixty (60) days of such
foreclosure or assignment and assumes all of Licensee's rights and obligations hereunder.
However, no change of ownership due to foreclosure or assignment to any secured lender
of Licensee shall be effective as to City unless and until written notice of such
foreclosure or assignment is provided to City.
19.
Any cause of action for breach of this Agreement shall be brought in Tarrant
County, Texas. This Agreement shall be governed by the laws of the State of Texas.
20.
This Agreement shall be binding upon the parties hereto and their successors and
assigns.
21.
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Tier II Easement Encroachment Agreement Page 6 of 13
PN21-00058 Revised 11/2020
City:
CITY OF FORT WORTH
.�—.
By: DJ Harrell (May 18, 202313:11 CDT)
D.J. Harrell, Director of the
Development Services Department
Date: May 18, 2023
9nIlIl
ATTEST: >a°(`foRT�aaa
oA
dVO ^=A
U A ��s AP°°aaIl nE6 g4gd
Jannette Goodall
City Secretary
May 19, 2023
Licensee:
MADMAR, INC.
a Kansas corporation
/j
By: /" F 11CV
• , %
— A .
Name: Richard S. O'Neill, Jr. /'
Title: Vice President
Date:
Approved As To Form and Legality
1. V,. I I '
Jeremy Anato Mensah
Assistant City Attorney
May 18, 2023
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.
pnbe6q I)Liv owpul
Rebecca Diane Owen (May 18, 202312:56 CDT)
May 18, 2023
Rebecca Owen
Development Services
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Tier II Easement Encroachment Agreement Page 7 of 13
PN21-00058 Revised 11/2020
iriiii �.1 f�l I+all� 1•'�IJ L'ly �1� A%"Ei �111: Iri11111
1�':� �:11�'� y l� ��1►�'�1�\� N
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 18th day of
May 92023
Wendy L.
Digitally signed by Wendy
L. Beardslee Date:
Rya
�eG
fWENDY L BEARDSLEE "
Beardslee
2023.05.1813:44:59
o�P
_
Notary Public
-05'00'
,
* *
STATE OF TEXAS
Notary Public in
and for the State of Texas
N9 CO
Notary I.D. 13323719-3
' �OF
My Comm. Exp. July 28, 2025 "
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
Tier II Easement Encroachment Agreement Page 8 of 13
PN21-00058 Revised 11/2020
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
1amSOS on this day personally appeared Richard S. O'Neill, Jr., Vice President
known to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he or she executed the same for the purposes and consideration
therein expressed, as the act and deed of Madmar, Inc,, a Kansas Corporation, and in
the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this alo') day of
�\ ,20a3
CA l
Notary Public in and for the
State of KS
Tier II Easement Encroachment Agreement
PN2 I -00058
CHARISSA YATES
Notary Public - State of Kansas
My Commission Expires —W j(, AL
Page 9 of 13
Revised 11 /2020
EXHIBIT A
Legal Description of the Licensee's Property
Lot 3, Block 1, Verdad Greenway Addition, an addition to the City of Fort Worth, Denton County, Texas,
according to the plat thereof recorded under Clerk's File No. 2020-87, Real Property Records, Denton County,
Texas.
Tier II Easement Encroachment Agreement Page 10 of 13
PN21-00058 Revised 11/2020
�o
a o,
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7-ELEVEN:
'-' 11 Wolff Crossing and SH 114
T LFort Worth, Texas
Y N
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VICINITY MAP N.T.S.
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VICINITY MAP
MAPSCO GRID: 642N
COUNCIL DISTRICT: 7
OWNER/DEVELOPER:
FW 1-35 LOGISTICS, LLC
VERDAD REAL ESTATE
CONTACT: MOISES CASTRO
1209 S WHITE CHAPEL BLVD STE, 180
SOUTHLAKE,TX
817-328-0503
MCASTRO@VERDAD.COM
Kimley»>Horn
13455 Noel Road
Two Galleria Office Tower, Suite 700
Dallas, Texas 75240
Phone: (972) 770 - 1300
State of Texas Registration No. F-928
EXHIBIT B
Depiction of the Public Property
Tier ll Easement Encroachment Agreement Page 11 of 13
PN21-00058 Revised 11/2020
1299
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_ FINAL PLAT
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srArT OP rLw VERDAD GREENWAY ADDITION
CHARLES TYDINGS SURVEY,
e7,
ABSTRACT N0. 1276
CITY OF FORT WORTH,DENTON COUNTY, TEXAS l arwroM� r..
_Kimley>))Horn
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EXHIBIT C
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement Page 12 of 13
PN21-00058 Revised 11/2020
N
SCALE
1" = 20'
1 TRACT 2
0.013 ACRES
564 SQUARE FEET
----------------
TRACT 3
0.005 ACRES
nn� ear., , � rer rrrr
0 20 40
Feet
EXHIBIT "A" TEXAS STATE HIGHWAY 114
(VARIABLE WIDTH RIGHT-OF-WAY)
VOLUME 226, PAGE 144, OPRDCT
LOT 3, BLOCK 1
VERAD GREENWAY ADDITION FOUND 1/2" IRON ROD—�
INSTRUMENT NUMBER 2020-87 WITH CAP STAMPED
OPRDCT E "( "ypassociates.com"
Sv�6�yp1NG5 121 w w
TRACT 1
GN PgS�� 0.010 ACRES 00
L9
NOTES:
1. Grid Bearings based on the Texas Coordinate System of
the North American Datum of 1983 (2011) EPOCH 2O10,
North Central Zone 4202 from GPS observations using the
RTK Cooperative Network.
2. Improvements not shown.
3, OPRDCT = Official Public Records, Denton County, Texas
4. POB = Point of Beginning
A metes and bounds description of even
date accompanies this exhibit.
YAZEL PEEBLES &
ASSOCIATES LIC
TBPELS 1019Q22
P.O. Box TX 760 817.268.3316
3316
Bedford, TX 76095 Ypassociates.com
2019-22-006 PAGE 1 OF 4
418 4SQUARE FEET o r1
L4 Oaw
----------------- —Z �
----
—15' SANITARY SEWER / w � D —
EASEMENT O Z
INSTRUMENT NUMBER / _j U n C
2020-87.OPRDCT U I w I
w:2—C
- - - - - - - - - - - - - - - - - - Q J D O
wCr IN
J � �UZ
M -
w
Z
[If
0,00'00"W N / /
- 67.63'— — L
POB
TRACT 3
35.58' � —Ll 9.39'� w
POB POB rn o
TRACT 2 TRACT 1 cO
z
389'49'01 "W 100.62'
_AT CALL & ACTUAL)
POINT OF
COMMENCING
FOUND 1/2" IRON ROD
WITH CAP STAMPED
"ypassociates.com"
LINE TABLE
I
LINE TABLE
NO.
BEARING
LENGTH
NO.
BEARING
LENGTH
L1
N90°00'00'W
11.90'
L9
N90°00'00"E
14.10'
L2
N32°49'45'W
9.73'
L10
S44-49'45"E
56.40'
L3
N00'1O'15"E
31.83'
L11
N90°0000"W
14.10'
L4
N90'00'00"E
10.00'
L12
N44°49'45'W
14.25'
L5
( SOO°10'15'1N
28.89'
L13
NOO°10'15"E
7.07'
L6
S32°49'45"E
13.22'
I L14
S89°49'45"E
11.00'
L7
N90°00'00"W
14.1 U
L15
SOO`10'15"W
3.93'
L8
N44°49'45"W
56.40'
L16
S44°49'45"E I
18.63'
KENNETH H. YAZEL JR.
..6182
S U tRy
March 22, 2021
ENCROACHMENT AGREEMENT
0.010 ACRE TRACT (TRACT 1)
0.013 ACRE TRACT (TRACT 2)
0.005 ACRE TRACT (TRACT 3)
BEING PART OF LOT 3, BLOCK 1
VERDAD GREENWAY ADDITION
SITUATED IN THE CHARLES TYDING SURVEY
ABSTRACT NO. 1276
CITY OF FORT WORTH
DENTON COUNTY, TEXAS
P1
TRACT 1
PROPERTY DESCRIPTION
Being a 0.010 acre tract of land situated in the Charles Tyding Survey, Abstract Number 1276,
located in the City of Fort Worth, Denton County Texas, being a portion of Lot 3, Block 1,
Verdod Greenway Addition according to the plat recorded in Instrument Number 2020-87, Official
Public Records Denton County Texas (OPRDCT), said 0.010 acre tract as determined from a
survey by Kenneth H. Yozel Jr., RPLS No. 6182 (ground distance are expressed in US survey feet
using a projected combined scale factor of 1.000150630) and being more particularly described
as follows;
COMMENCING at a found 1 /2" iron rod with cap stamped "ypossociates.com", having Texas
Coordinate System of North America Datum 1983 (2011) EPOCH 2O10, North Central Zone Grid
Coordinates of Northing 7062186.7 and Easting 2327681.0, at the Southeast corner of said
Lot 3, from which a found mag with shiner stamped "ypossociates.com" at the Southwest corner
of said Lot 3 bears South 89 degrees 49 minutes 01 seconds West, a distance of 100.62 feet;
THENCE North 00 degrees 10 minutes 15 seconds East (Bearings based on said Texas Coordinate
System), with the East line of said Lot 3, a distance of 16.95 feet to a point for corner, from
which a 1/2" iron rod with cap stamped "ypassociates. com" found at the Northeast corner of
said Lot 3 bears North 00 degrees 10 minutes 15 seconds East a distance of 320.64 feet;
THENCE West, across said Lot 3, a distance of 9.39 feet to the POINT OF BEGINNING;
THENCE the following six (6) courses and distances across said Lot 3:
West, a distance of 11.90 feet to a point for corner;
North 32 degrees 49 minutes 45 seconds West, a distance of 9.73 feet to a point for
corner;
North 00 degrees 10 minutes 15 seconds East, a distance of 31.83 feet to a point for
corner;
East, a distance of 10.00 feet to a point for corner;
South 00 degrees 10 minutes 15 seconds West, a distance of 28.89 feet to a point for
corner;
South 32 degrees 49 minutes 45 seconds East, a distance of 13.22 feet to the POINT OF
BEGINNING and containing 0.010 acres of land, or 418 square feet of land, more or less.
An exhibit of even date accompanies this 0 F ENCROACHMENT AGREEMENT
metes and bounds description. �tiaTFq�-� TRACT 1
W 0.010 ACRE TRACT
YAZEL PEEBLES & KENNETH N. YAZEL JR.
......
. Acc T� ...........................
ASSOCIATES LLC BEING PART E LOT 3, BLOCK 1
�, 8182 �':•'Q- VERDAD GREENWAY ADDITON
TBPELS 10194022 �9•'. oFF st�`'•y� SITUATED IN THE CHARLES TYDING SURVEY
P.O. Box 210097 817.268.3316 Bedford, TX 76095 vpassociates.com Rv�G ABSTRACT NO. 1276
CITY OF FORT WORTH
DENTON COUNTY, TEXAS
2019-22.006 PAGE 2 OF 4 March 22, 2021
EXHIBITS'
TRACT 2
PROPERTY DESCRIPTION
Being a 0.013 acre tract of land situated in the Charles Tyding Survey, Abstract Number 1276,
located in the City of Fort Worth, Denton County Texas, being a portion of Lot 3, Block 1,
Verdad Greenwoy Addition according to the plat recorded in Instrument Number 2020-87,
Official Public Records Denton County Texas (OPRDCT), said 0.013 acre tract as determined
from a survey by Kenneth H. Yozel Jr., RPLS No. 6182 (ground distance are expressed in US
survey feet using a projected combined scale factor of 1.000150630) and being more
particularly described as follows;
COMMENCING at a
found 1/2"iron rod
with cap stamped "ypassociates.com",
having Texas
Coordinate System
of North America
Datum 1983 (2011) EPOCH 2O10, North
Central Zone Grid
Coordinates of Northing
7062186.7 and Easting 2327681.0, at the Southeast
corner of said
Lot 3, from which
a found mag with
shiner stamped "ypossociates.com" at
the Southwest
corner of said Lot
3 bears South 89
degrees 49 minutes 01 seconds West,
a distance of
100.62 feet;
THENCE North 00 degrees 10
minutes 15 seconds East
(Bearings based on said
Texas
Coordinate System), with the
East line of said Lot 3, a
distance of 16.95 feet
to a point for
corner, from which a 1/2" iron rod with cap stamped "ypossociates.com"
found
at the
Northeast corner of said Lot
3 bears North 00 degrees
10 minutes 15 seconds
East a distance
of 320.64 feet;
THENCE West, across said Lot 3, a distance of 35.58 feet to the POINT OF BEGINNING;
THENCE the following four (4) courses and distances across said Lot 3:
West, a distance of 14.10 feet to a point for corner;
North 44 degrees 49 minutes 45 seconds West, a distance of 56.40 feet to a point for
corner;
East, a distance of 14.10 feet to a point for corner;
South 44 degrees 49 minutes 45 seconds East, a distance of 56.40 feet to the POINT OF
BEGINNING and containing 0.013 acres of land, or 564 square feet of land, more or less.
An exhibit of even date accompanies this
metes and bounds description.
YAZEL PEEBLES &
ASSOCIATES LLC
TSPELS 10194022
NPO.BOX 210097 817.268.331b
edford, TX 76095 Ypassociates,com
II`
2019-22.006 PAGE 3 OF 4
OF
ENCROACHMENT AGREEMENT
TRACT 2
�: °• :�'
0.013 ACRE TRACT
KENNETN N. W, ZE JR. '
................................
BEING PART OF LOT 3, BLOCK 1
fir, 'Q
VERDAD GREENWAY ADDITON
4 ' •.F ss��'.
SITUATED IN THE CHARLES TYDING SURVEY
ABSTRACT NO. 1276
CITY OF FORT WORTH
DENTON COUNTY, TEXAS
March 22. 2021
EXHIBITS'
TRACT 3
PROPERTY DESCRIPTION
Being a 0.005 acre tract of land situated in the Charles Tyding Survey, Abstract Number 1276,
located in the City of Fort Worth, Denton County Texas, being a portion of Lot 3, Block 1,
Verdad Greenway Addition according to the plat recorded in Instrument Number 2020-87,
Official Public Records Denton County Texas (OPRDCT), said 0.005 acre tract as determined
from a survey by Kenneth H. Yozel Jr., RPLS No. 6182 (ground distance are expressed in US
survey feet using a projected combined scale factor of 1.000150630) and being more
particularly described as follows;
COMMENCING at a
found 1/2"iron rod
with cap stamped "ypossociates.com",
having Texas
Coordinate System
of North America
Datum 1983 (2011) EPOCH 2O10, North
Central Zone Grid
Coordinates of Northing
7062186.7 and Eosting 2327681.0, at the Southeast
corner of said
Lot 3, from which
o found mag with
shiner stamped "ypossociates.com" at
the Southwest
corner of said Lot
3 bears South 89
degrees 49 minutes 01 seconds West,
a distance of
100.62 feet;
THENCE North 00 degrees 10
minutes 15 seconds East (Bearings based on said
Texas
Coordinate System),
with the
East line of said Lot 3, a distance of 16.95 feet
to a point for
corner, from which
a 1/2" iron rod with cap stamped "ypossociates.com" found
at the
Northeast corner of
said Lot
3 bears North 00 degrees 10 minutes 15 seconds
East a
distance of 320.64
feet;
THENCE West, across said Lot 3, a distance of 67.63 feet to the POINT OF BEGINNING;
THENCE the following six (6) courses and distances across said Lot 3:
West, a distance of 14.10 feet to a point for corner;
North 44
degrees
49
minutes
45
seconds
West, a
distance
of
14.25 feet to
a point for
corner;
North 00
degrees
10
minutes
15
seconds
East, a
distance
of
7.07 feet to a
point for
corner;
South 89
degrees
49
minutes
45
seconds
East, a
distance
of
11.00 feet to
a point for
corner;
South 00
degrees
10
minutes
15
seconds
West, a
distance
of
3.93 feet to a
point for
corner;
South 44
degrees
49
minutes
45
seconds
East, a
distance
of
18.63 feet to
the POINT OF
BEGINNING
and containing 0.005 acres of
land, or
225 square
feet of land, more or less.
An exhibit of even date accompanies this
ENCROACHMENT AGREEMENT
metes and bounds description.
0 f R
F
TRACT 3
,�P���ISTEti•-
0.005 ACRE TRACT
YAZEL PEEBLES &
...........................�'
ASSOCIATES LLC
KENNctH ...Y,gI Jq.
'
6113
BEING PART OF LOT 3, BLOCK 1
TBPELS
.,'
<-7 ��lC
VERDAD GREENWAY ADDITON
10194022
P.O. Box 210097 817.268.3316
Bedford, TX 76095 ypassociates.com
SSIaI�Q-•
' ••••••• y�
SITUATED IN THE CHARLES TYDING SURVEY
ABSTRACT NO. 1276
CITY OF FORT WORTH
DENTON COUNTY, TEXAS
2019-22-006
PAGE 4 OF 4
March 22, 2021
N
SCALE
1" = 30'
10' UTILITY EASEMENT
INSTRUMENT NUMBER
2020-87. OPRDCT
TEXAS STATE HIGHWAY 114
(VARIABLE WIDTH RIGHT-OF-WAY)
VOLUME 226, PAGCE,;44, OPRDCT
FOUND 1/2" IRON ROD W
WITH CAP STAMPED
"ypassociates.com"
LOT 3, BLOCK 1 o rn
VERAD GREENWAY ADDITION z N
INSTRUMENT NUMBER 2020-87
OPRDCT P o
001No.12�6 U uj M M
CN P8`'�� < 0 ; Zz 0
0)0
l- U�—rC)
oft,j:�0
LLJ
O
cli
---Fi1NST
--------------------------------- z000wo
5'SANITARY SEWER ESMT Z . NO. 2020-87. OPRDCT v uw
/ L4
EXHIBIT 'A'
o 0
G�FtiP FS C�Q c7 4 / N ton
POINT OF
pOc�F�F�FS`�/C 0.080 ACRES BEGINNING
15' UTILITY EASEMENT rn
?02 T 3,493 SQUARE FEET INST NO, 2020-87. OPRDCT to
01
8) S89'49'01 "W 100.62'
SET MAG WITH (PLAT CALL & ACTUAL)
SHINER STAMPED POINT OF
"YPASSOCIATES.COM"
COMMENCING
FOUND 1/2" IRON ROD
WITH CAP STAMPED
"ypassociates.com"
CURVE TABLE I LINE TABLE
111 NO. DELTA RADIUS LENGTH CHORD BEARING CHORD NO. BEARING LENGTH
C1 4°44'20" 303.00' 25.06' N52°30'32"W 25.05' I L1 N90°00'00"W 126.46'
0 30 60 L2 S41 °15'37"W 0.90,
Feet I L3 N41°15'37"E 13.87'
NOTES:
1. Grid Bearings based on the Texas Coordinate System of L4 N90°00'00"E 137.85'
the North American Datum of 1983 (2011), EPOCH 2O10
North Central Zone 4202 from GPS observations using the
RTK Cooperative Network.
2. Improvements not shown.
3. OPRDCT = Official Public Records, Denton County, Texas
A metes and bounds description of even SEWER FACILITY EASEMENT
date accompanies this exhibit. OF fi
0.0080 ACRE TRACT
YAZEL PEEBLES & KENNtTH H. YAZEL JR. BEING PART OF LOT 3, BLOCK i
TES LLC s182 • ' •• VERDAD GREENWAY ADDITON
TBPELS 10194022-y'•9aR SS%O�p aQ' -� SITUATED IN THE CHARLES TYDING SURVEY
P.O. Box TX TX 760 ABSTRACT NO. 1276 sv.z683316
Bedford, 76095 YPassociates.com Fi •
CITY OF FORT WORTH
DENTON COUNTY, TEXAS
2019-22-006 PAGE 1 OF 2 March 22, 2021
EXHIBIT 'B'
PROPERTY DESCRIPTION
Being a 0.080 acre tract of land situated in the Charles Tyding Survey, Abstract Number
1276, located in the City of Fort Worth, Denton County Texas, being a portion of Lot 3,
Block 1, Verdad Greenway Addition according to the plat recorded in Instrument Number
2020-87, Official Public Records Denton County Texas (OPRDCT), said 0.080 acre tract as
determined from a survey by Kenneth H. Yozel Jr., RPLS No. 6182 (ground distance are
expressed in US survey feet using a projected combined scale factor of 1.000150630) and
being more particularly described as follows;
COMMENCING at a found 1 /2" iron rod with cap stamped "ypossociates.com ", having Texas
Coordinate System of North America Datum 1983 (2011) EPOCH 2O10, North Central Zone
Grid Coordinates of Northing 7062186.7 and Easting 2327681.0, at the Southeast corner of
said Lot 3, from which a found mag with shiner stamped "ypossociates.com" at the
Southwest corner of said Lot 3 bears South 89 degrees 49 minutes 01 seconds West, a
distance of 100.62 feet;
THENCE North 00 degrees 10 minutes 15 seconds East (Bearings based on said Texas
Coordinate System), with the East line of said Lot 3, a distance of 16.95 feet to the POINT
OF BEGINNING;
THENCE West, across said Lot 3, a distance of 126.46 feet to a point for corner;
THENCE South 41 degrees 15 minutes 37 seconds West, continuing across said Lot 3, a
distance of 0.90 feet to a point for corner on the East line of Wolff Crossing (a 60 foot
Access Easement) per said Plat, at the beginning of a curve to the right having a radius of
303.00 feet and whose chord bears North 52 degrees 30 minutes 32 seconds West, a
distance of 25.05 feet;
THENCE Northwesterly, with the East line of said Wolff Crossing and said curve to the right
through a central angle of 04 degrees 44 minutes 20 seconds and on arc length of 25.06
feet to a point at the Southwest corner of a 15 foot Sanitary Sewer Easement per said Plat;
THENCE North 41 degrees 15 minutes 37 seconds East, with said South Easement line, a
distance of 13.87 feet to a point for corner;
THENCE East, continuing with said South Easement Line, a distance of 137.85 feet to a point
for corner on the East line of said Lot 3, from which a 1/2" iron rod with cap stamped
"ypassociates.com" found at the Northeast corner of said Lot 3 bears North 00 degrees 10
minutes 15 seconds East, a distance of 295.64 feet;
THENCE South 00 degrees 10 minutes 15 seconds West, with the East line of said Lot 3, a
distance of 25.00 feet to the POINT OF BEGINNING and containing 0.080 acres of land, or
3,493 square feet of land, more or less.
An exhibit of even date accompanies this
metes and bounds description.
YAZEL PEEBLES &
ASSOCIATES LLC
TS?ELS 10194022
P.O. Box 210097 817.268.3316
Bedford, TX 76095 Ypassaciates.com
2019-22.006
PAGE 2 OF 2
SEWER FACILITY EASEMENT
0.0080 ACRE TRACT
KENNETH..... Et JR� BEING PART OF LOT 3, BLOCK i
0 6182 .,_'.��� VERDAD GREENWAY ADDITON
SITUATED IN THE CHARLES TYDING SURVEY
ABSTRACT NO. 1276
CITY OF FORT WORTH
DENTON COUNTY, TEXAS
March 22, 2021
N
BENCH MARK LIST
M7Tarr Sp
0
SEWER LINE A (PUBLIC)
114
1p �D
7L
LEGEND
0
NOTES
of w
Lli _j
LL
iauBEr✓x[r.. wsry s�,
In
0
0 6
z
U)
EXHIBIT D
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 13 of 13
PN21-00058 Revised 11/2020