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HomeMy WebLinkAboutContract 51589 N,\12 A Cb ` (b � CITY SECRETARY CONTRACT NO._ RIGHT ENCROACHMENT GREEMENT (COMMERCIAL) le G HIS AGREEMENT is made and entered into by and between the City of Fort orth, a home rule municipal corporation of Tarrant County, Texas ("City"), acting herein by and through its duly authorized City Manager, its duly authorized Assistant City Manager or Planning and Development Department Director, and Texas InTownHomes,LLC, a(n) limited liability company "Licensee", acting herein by and through its duly authorized Manager, the owner of the real property located at 2800 Wingate Street, Fort Worth,Texas 76107("Property"). RECITALS WHEREAS, Licensee is the owner of certain real property situated in the City of Fort Worth, Tarrant County, Texas, more particularly described in the attached Legal Description of the Property, attached as "Exhibit C", and incorporated herein for all purposes; and WHEREAS, the City has a street, alley, sidewalk, and/or other public right-of- way (individually or collectively, the "Public Right-of-Way") adjacent to the Property as shown on the map attached to this Agreement as "Exhibit A" and incorporated herein for all purposes; and WHEREAS,Licensee desires to construct/place and maintain certain improvements which will encroach onto the Public Right-of-Way; and WHEREAS, City will allow the encroachment under the terms and conditions as set forth in this Agreement to accommodate the needs of the Licensee, NOW, THEREFORE, the City and Licensee agree as follows: AGREEMENT 1. 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 upon, use and/or occupy portions of the space under, on, and/or above the City's Public Right-of-Way to construct/install and/or allow to remain, certain improvements for the purpose of installing irrigation lines for the purpose of maintaining street trees in right-of-way (whether one or more, the "Improvements") as described in and at the location shown on Exhibit"A"but only to the extent shown thereon. Upon completion of the Improvements, Licensee agrees to be responsible for maintaining the Improvements. Licensee shall not expand or otherwise cause the Improvements to further infringe in or on City's Public Right-of-Way beyond what is specifically described in the Exhibit(s) attached hereto. _ LIT RECORD ROW Encroachment Agreement-Commercial 1 RYTH,TX 2. All construction, maintenance and operation in connection with such Improvements, use and occupancy shall be performed in strict compliance with this Agreement and the City's Charter, Ordinances and Codes, and in accordance with the directions of the City's Director of Transportation and Public Works, or his or her duly authorized representative. Licensee shall submit all plans and specifications to the applicable Director or his or her duly authorized representative prior to the construction of the Improvements. Licensee shall not commence construction of the Improvements until receiving written approval by the Director, but such approval shall not relieve Licensee of responsibility and liability for concept, design and computation in the preparation of such plans and specifications. 3. Upon completion of the construction and installation of the Improvements, there shall be no other encroachments in, under, on or above the surface area of the Public Right-of-Way, except as described herein and depicted on "Exhibit A". 4. 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, use and occupancy, including the securing of approval and consent from any affected utility companies and the appropriate 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, 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 such encroachment and use, Licensee shall pay to City an additional amount equal to such additional cost as determined in the reasonable discretion of the Director of Transportation and Public Works, or his or her duly authorized representative. 5. Upon prior written notice to Licensee, except in the case of an emergency, Licensee agrees that City may enter and utilize the referenced areas at any time for the purpose of installing, repairing, replacing, or maintaining improvements to its public facilities or utilities necessary for the health, safety and welfare of the public or for any other public purpose. City shall bear no responsibility or liability for any damage or disruption or other adverse consequences resulting from the Improvements installed by Licensee, but City will make reasonable efforts to minimize such damage. In the event that any installation, reinstallation, relocation or repair of any existing or future utility or improvements owned by, 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 ROW Encroachment Agreement-Commercial Page 2 of 13 Revised 10/10/2018 Improvements and use, Licensee shall pay to City an additional amount equal to such additional cost as reasonably determined by the Director of Transportation and Public Works or the Director of the Water Department, or said Director's duly authorized representative. 6. Licensee agrees to pay to City at the time this Agreement is requested an application fee of$325.00 in order to defray all costs of inspection and supervision which City has incurred or will incur as a result of the construction, maintenance, inspection or management of the encroachments and uses provided for by this Agreement. 7. The term of this Agreement shall be for 30 years commencing on the date this Agreement is executed by City. However, this Agreement shall terminate upon Licensee's non-compliance with any of the terms of this Agreement. City shall notify Licensee in writing of the non-compliance, and if not cured within 30 days, this Agreement shall be deemed terminated unless such non-compliance is not susceptible to cure within 30 days, in which case this Agreement shall be deemed terminated in the event that Licensee fails to commence and take such steps as are necessary to remedy the non-compliance within 30 days after written notice specifying the same, or having so commenced, thereafter fails to proceed diligently and with continuity to remedy same. 8. Upon termination of this Agreement, Licensee shall at no expense to City remove the Improvements encroaching into the Public Right-of-Way, and restore the Public Right-of-Way to a condition acceptable to the Director of Transportation and Public Works, or his or her duly authorized representative, in accordance with then-existing City specifications. It is understood and agreed by Licensee that if this Agreement terminates and Licensee fails to remove the Improvements and restore the Public Right-of-Way, Owner hereby gives City permission to remove the Improvements along with any supporting structures, restore the Public Right-of-Way, and assess a lien on the Property for the costs expended by the City in taking such actions. 9. It is further understood and agreed between the parties hereto that the Public Right-of-Way to be used and encroached upon as described herein, is held by City as trustee for the public; that City exercises such powers over the public right-of way 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 Right-of-Way 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 Right-of-Way to be used for any other public purpose, including but not limited to, underground, surface or ROW Encroachment Agreement-Commercial Page 3 of 13 Revised 10/10/2018 overhead communication, drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not, that this Agreement shall terminate upon 60 days' written notice to Licensee. In the event this Agreement is terminated under this Section 9, Licensee shall perform the obligations regarding removing the Improvements and restoring the Public Right-of-Way described in Section 8. 10. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain and locate the Improvements over or within the described Public Right-of-Way and is not a conveyance of any right, title or interest in or to the Public Right-of-Way nor is it meant to convey any right to use or occupy any property in which a third party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. 11. Licensee agrees to comply fully with all applicable federal, state and local laws, statutes, ordinances, codes or regulations in connection with the construction, operation and maintenance of the Improvements, encroachment and uses. 12. 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. 13. 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. 14. 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 ROW Encroachment Agreement-Commercial Page 4 of 13 Revised 10/10/2018 ANY AND ALL PERSONS, OF WHATSOEVER HIND OR CHARACTER, ARISING OUT OF OR IN CONNECTION WITH, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF THE IMPROVEMENTS AND ENCROACHMENT AND USES GRANTED HEREUNDER,WHETHER OR NOT CAUSED,IN WHOLE OR IN PART,BY 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 IMPROVEMENTS AND ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS,AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. 15. While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance naming City as certificate holder, as proof that it 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 described or depicted in "Exhibit A". The amounts of such insurance shall be not less than $1,000,000 Commercial General Liability 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 promptly following notice to Licensee of such requirement. Such insurance policy shall not be canceled or amended without at least 30 days prior written notice to the Building Official of the City of Fort Worth. A copy of such Certificate of Insurance is attached as "Exhibit B" and incorporated herein for all purposes. Licensee agrees to submit a similar Certificate of Insurance annually to City on the anniversary date of the execution of this Agreement. Licensee agrees, binds and obligates itself, 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 all encroachments and the cleaning and restoration of the Public Right-of-Way. All insurance coverage required herein shall include coverage of all Licensees' contractors and subcontractors. 16. Licensee agrees to deposit with the City when this Agreement is executed a sufficient sum of money to be used to pay the fees to record this Agreement in the Real ROW Encroachment Agreement-Commercial Page 5 of 13 Revised 10/10/2018 Property Records of Tarrant County, Texas. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. 17. 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 attorney's fees. 18. Licensee covenants and agrees that it will not assign all or any of its rights, privileges or duties under this Agreement without the prior 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 60 days of such foreclosure or assignment and assumes all of Licensees' 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. THE PARTIES AGREE THAT THE DUTIES AND OBLIGATIONS CONTAINED IN PARAGRAPH 8 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 20. 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. 21. This Agreement shall be binding upon the parties hereto, their successors and assigns. ROW Encroachment Agreement-Commercial Page 6 of 13 Revised 10/10/2018 [SIGNATURES APPEAR ON FOLLOWING PAGE] ROW Encroachment Agreement-Commercial Page 7 of 13 Revised 10/10/2018 THIS AGREEMENT may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. City: Licensee: City o ort TexL 6jBy: Si nemt Randle Harwood Name: Frank M.K. Liu Director Title: Manager Planning and Deverlop ent Department Date: �M , 201-& Date:Pl,-j&l , 2016 ATTEST: ',; Approved As To Form and Legality 4 City Secr ary �' �� �r. Trey sistant City Attorney 'X� Contract Compliance Manager By signing I acknowledge that I am the person responsible for the monitoring and Administration 1295_ NIR of this contract, including ensuring all performance and reporting requirements. A YY) Janie S. Morales Development Manager OFF FII/CIA�L°RECORD ROW Encroachment Agreement-Commercial CI� Pag�'E f Tf RY STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on , 201 , by Randle Harwood, Director of the Planning and Development Department of the City of' oil`WO L1i, on behalf the City of rort Worth. Notary Pu i , State f exas JENNIFER LOUISE EZERNACK ?a° Notary Public, State of Texas Comm. Expires 03-01-2020 Notary ID 130551830 OFFICIAL RECMVI, ROW Encroachment Agreement-Commercial CINRY �g� §A W RefleW�JMMM 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 Frank M. K. Liu, Manager(title), known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of Texas InTown Homes,LLC,a limited liability company, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of &Fbde2 20 =or SPA Pie ANNIE DO NGUYEN ID#129034999 My commission Expires July 20,2020 Notary Public in and for the State of �7� After Recording Return to: City of Fort Worth Planning and Development Department CFA Office 200 Texas Street Fort Worth TX, 76102 IoFFICPAL ROW Encroachment Agreement-Commercial Pale ]0 of 13 i' Revised 10/1012018 "EXHIBIT A" Location and Description of Encroachment and Improvements ROW Encroachment Agreement-Commercial Page 11 of 13 Revised 10/10/2018 W C LL Z > J O o J J Z m Uo = N a LU 0- Q 1EJEJ211S H:DOJ \ Ez, w w w T / TOOOL 3,,VOMo0N 9 £-21L 101 _ o O o f — ; W z W 0 2-211101 o — I w C:) J J Y 4-211101I w a Y Z d LL U ' I g �~ Z O II — LU LU w ai II WQ � Qo b-219101ga acWn _ C/) oQ U ti SLO � a IT Y -j Q OU £-219101 LL M � m _ Z �Iy�yJ,I Z F- (U m U � old W a Q C) I Q 2-219101 N rnc cb 0 ' I I co n 4-219101 I W _ I I o Q c� U I I > £-215101 z Q o II J I I — W II W w w U I I I 2-215101 �� -- > a U) O z = Z 6-215101 LU O U U 90'0 6 6 M„891U.09 U W m m 0 0 o WJ "EXHIBIT B" Certificate of Insurance ROW Encroachment Agreement-Commercial Page 12 of 13 Revised 10/10/2018 711/12/2018 E(MM/DD/YYYY) A�CORDO CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Houston Certificates Hotchkiss Insurance Agency, LLC-Houston PHONE FAX 13430 NW Freeway, Suite 600 A/ N X :713 956 9800 A/c No:713 956 0331 Houston TX 77040-6312 ADDRESS: certs@hialic.com INSURER($)AFFORDING COVERAGE NAIC# INSURER A:Mid-Continent Casualty Company 23418 INSURED INTOLTD-02 INSURER B;Texas Mutual Insurance Company 22945 InTownHomes, Ltd/5177 Builders, Ltd INSURER C:Continental Casualty Company 20443 Texas InTownHomes, LLC/Urban InTownHomes, LLC 1520 Oliver St. INSURER D:Mid-Continent Assurance Company 15380 Houston TX 77007 INSURER E:Travelers Indemnity Company 25658 INSURER F COVERAGES CERTIFICATE NUMBER:870593778 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DD/YYY MM/DD/YYYY D X COMMERCIAL GENERAL LIABILITY 04GL001004325 7/1/2018 7/1/2019 EACH OCCURRENCE $1,000,000 CLAIMS-MADE LK OCCUR DAMAGES( RENTED PREMISES Ea occurrence $100,000 MED EXP(Any one person) $ PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY L J CT � LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ E AUTOMOBILE LIABILITY BA8J54043718SEL 9/1/2018 7/1/2019 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIREDX NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A X UMBRELLA LIAB X OCCUR 04XS206686 7/1/2018 7/1/2019 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED I X I RETENTION$1 n nnn $ B WORKERS COMPENSATION 0001239136 7/1/2018 7/1/2019 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE I JER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/ME MBEREXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Builders Risk 6020112772 7/1/2018 7/1/2019Per Loc 2,000,000 $25,000 AOP DED Per Occ 10,000,000 $25000 Named Storm Ded DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The general liability policy includes a blanket additional insured endorsement(ML1081 0413)that provides additional insured status when required by written contract. The workers compensation policy includes a blanket waiver of subrogation endorsement when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fort Worth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Planning& Development—CFA Office ACCORDANCE WITH THE POLICY PROVISIONS. PN 18-00041 PN18-00118(Carroll ROW) AUTHORIZED REPRESENTATIVE PN18-0 (Wingate ROW) /W� Fort Worthrth T TX 76102 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE "EXHIBIT C" Metes and Bounds of the Property ROW Encroachment Agreement-Commercial Page 13 of 13 Revised 10/10/2018 LEGAL DESCRIPTION RIGHT-OF-WAY ENCROACHMENT BEING a 885 square foot (0.020 acre) tract (Tract 1) and a 233 square foot(0.005 acre) tract(Tract 2) situated in the W. Bussell Survey, Abstract No. 151, City of Fort Worth, Tarrant County, Texas; said tracts being part of Wingate Street (a 60 foot right-of-way) and Foch Street (a 50 foot right-of-way) as recorded in Volume 388-B, Page 181 of the Plat Records of Tarrant County, Texas; said tracts being more particularly described as follows: TRACT 1 COMMENCING at a 5/8" capped iron rod marked "KHA"found at the northwest corner of Block 7, Linwood Addition, an addition to the City of Fort Worth according to the plat recorded in Instrument No. D217289146 of the Official Public Records of Tarrant County, Texas; THENCE S 00°23'58" W, along the west line of said Block 7, a distance of 110.05 feet to a 1/2" capped iron rod marked "TXHS" found and the POINT OF BEGINNING; THENCE S 89046'29" E, along the said north line of Wingate Street, a distance of 2.92 feet to a point for corner; THENCE S 0002'20"W, departing the said north line of Wingate Street, a distance of 5.07 feet to a point for corner; THENCE S 89°52'18" E, a distance of 105.49 feet to a point for corner; THENCE N 0002'20" E, a distance of 4.90 feet to a point for corner in the said north line of Wingate Street; THENCE S 89046'29" E, along the said north line of Wingate Street, a distance of 4.00 feet to a point for corner; THENCE S 0002'20" W, departing the said north line of Wingate Street, a distance of 4.89 feet to a point for corner; THENCE S 89052'18" E, a distance of 89.16 feet to a point for corner; THENCE N 0°02'20" E, a distance of 4.74 feet to a point for corner in the said north line of Wingate Street; THENCE S 89°46'29" E, along the said north line of Wingate Street, a distance of 4.00 feet to a point for corner; THENCE S 0002'20"W, departing the said north line of Wingate Street, a distance of 8.73 feet to a point for corner; THENCE N 89052'18" W, a distance of 206.64 feet to a point for corner; THENCE N 0002'20" E, a distance of 9.08 feet to a point for corner; THENCE S 89°46'29" E, a distance of 1.08 feet to the POINT OF BEGINNING and containing 885 square feet or 0.020 acres of land, more or less. RIGHT-OF-WAY ENCROACHMENT part of Wingate Street & Foch Street W. Bussell Survey, Abstract No. 151 City of Fort Worth, Tarrant County, Texas Kimlev))) Horn 801 Cherry Street,Unit 11,#1300Tel.No.(817)335-6511 Fort Worth,Texas 76102 FIRM#10194040 www.kimley-hom.com Scale Drawn by I Checked byDatePiro ei ct No. Sheet No. N/A CDP MCB 10/2/2018 061289702 1 OF 5 BILLINGSLEY,MICHAEL 10/4/2018 8:28 AM K:\FTW SURVEY\061289702-WINGATE\DWG\061289702-WINGATE ENCROACHMENT.DWG TRACT 2 BEGINNING at a 1/2" capped iron rod marked "TXHS" found at the projected intersection of the said north line of Wingate Street and the west line of said Foch Street; THENCE N 89°46'29"W, along the said projected north line of Wingate Street, a distance of 10.00 feet to a point for corner; said point being the west end of a right-of-way corner clip; THENCE N 45°26'18" E, along the northwest line of said right-of-way corner clip, a distance of 5.80 feet to a point for corner; THENCE S 8905740" E, departing the said northwest line of the right-of-way corner clip, a distance of 3.25 feet to a point for corner; THENCE N 0002'20" E, a distance of 3.20 feet to a point for corner in the said northwest line of the right-of-way corner clip; THENCE N 45026'18" E, along the said northwest line of the right-of-way corner clip, a distance of 3.83 feet to a point for corner in the said west line of Foch Street; THENCE N 0039'04" E, along the said west line of Foch Street, a distance of 9.12 feet to a point for corner; THENCE N 89059'40" E, departing the said west line of Foch Street, a distance of 4.27 feet to a point for corner; THENCE N 0003'46" E, a distance of 33.83 feet to a point for corner; THENCE S 89057'40" E, a distance of 4.00 feet to a point for corner; THENCE S 0003'46" W, a distance of 37.83 feet to a point for corner; THENCE S 89059'40" W, a distance of 7.10 feet to a point for corner; THENCE S 0002'20"W, a distance of 15.12 feet to a point for corner; THENCE N 89°46'29"W, a distance of 1.38 feet to the POINT OF BEGINNING and containing 233 square feet or 0.005 acres of land, more or less. NOTES Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), with an applied combined scale factor at 1.00012. A survey plat of even survey date herewith accompanies this metes and 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 described. RIGHT-OF-WAY MICHAEL CLEO BILLINGSLEYeD OF• T ENCROACHMENT REGISTERED PROFESSIONAL LANisrEyd, part of Wingate Street & Foch Street SURVEYOR NO. 6558 %%* W. Bussell Survey, Abstract No. 151 KIMLEY-HORN AND """"".NGSLE City of Fort Worth, Tarrant County, Texas ASSOCIATES, INC. EO BILLINGSLEY...................801 CHERRY STREET, UNIT 11558 �_ :� Kimle >>> Horn SUITE 1300 ESS���� o�FORT WORTH, TEXAS 76102 D`1'G�l 801 Cherry Street,Unit 11,#1300 Tel.No.(817)335-6511 PH. 817-900-8526 U'R V ` Fort Worth,Texas 76102 FIRM#10194040 www.kimley-hom.com MICHAEL.BILLINGSLEY@KIMLEY-HORN.COM Scale I Drawn by I Checked by DateProiectNo. I Sheet No, N/A CDP MCB 10/2/2018 061289702 2 OF 5 BILLINGSLEY,MICHAEL 10/4/2018 8:28 AM K:\FTW SURVEY\061289702-WINGATE\DWG\061289702-WINGATE ENCROACHMENT.DWG NORTH 0 10 20 I I I I I GRAPHIC SCALE IN FEET I LINWOOP ADDITION CIR (INST. NO D21728914 ) 3 "KHA"(C.M.) P.O'C. o LOT 5R-1, LOT 5R-2, LOT 5R-3, LOT 5R-4, LOT 6R-2 LOT 4, BLOCK 7 .0Q BLOCK 7 I BLOCK 7 1 BLOCK 7 1 BLOCK 7 1 BLOCK 7 W LINWOOD ADDITION LC04) W (VOL. 388-B, PG. 181) 1/2"CIRF I I I I � "TXHS"(C.M.) W P.O. . z L13 L1 J 2 04 N_ L3 J L11 LEGEND WINGATE STREET TRACT 1 P.O.C.=POINT OF COMMENCING (50'R.O.W.) RIGHT-OF-WAY P.O.B.=POINT OF BEGINNING (VOL.388-13,PG.181) ENCROACHMENT I CIRF=CAPPED IRON ROD FOUND R.O.W.= RIGHT OF WAY 0.020 ACRES C.M.=CONTROLLING MONUMENT 8855 SQ" FT. NOTES Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), with an applied combined scale factor at 1.00012. A metes and bounds description of even survey date herewith accompanies this survey plat. The undersigned, Registered Professional Land Surveyor, hereby certifies this survey plat accurately sets out the metes and bounds of the encroachment tract shown. RIGHT-OF-WAY ICHAEL CLEO BILLINGSLEY (E•�F•.T ENCROACHMENT REGISTERED PROFESSIONAL LAND �.�P�GIs To part of Wingate Street & Foch Street SURVEYOR NO. 6558 W. Bussell Survey, Abstract No. 151 KIMLEY-HORN AND ""`"""""""""""""Y City of Fort Worth, Tarrant County, Texas ASSOCIATES, INC. MICHAEL CLEO BILLINGSLEY .......:........................ 801 CHERRY STREET, UNIT 11, '. 0 6558 v: Kirniew)) Horn SUITE 1300 FORT WORTH, TEXAS 76102 *'0 S lj R V�A 801 worth Texas 7nit 11, #1300Tel. #10194040 Twww No. e17)335-6511 PH. 817-900-8526 o. MICHAEL.BILLINGSLEY@KIMLEY-HORN.COM com Scale Drawn CDP Checked by Date P.06128 70. Sheet 5 1"=20' CDP MCB 10/2/2018 061289702 3 OF 5 BILLINGSLEY,MICHAEL 10/4/2018 8:28 AM K:\FTW_SURVEY\061289702-WINGATE\DWG\061289702-WINGATE_ENCROACHMENT.DWG NORTH 0 10 20 GRAPHIC SCALE IN FEET I LINWOOD ADDITION I I F— (INST. NO. 217289146) W -- F— om U) od LOT 6R-3, I LOT 6R-4, I LOT 7R-1, I LOT 7R-2, I LOT 7R-3, 2 S co Iw I BLOCK 7 I BLOCK 7 I BLOCK 7 1 BLOCK 7 1 BLOCK 7 i OU Z _ u_ U) Z L5 L9 UL3 r co — — — L7 — — — 000 0 � J Q / I � L11 TRACT 1 WINGATE STREET RIGHT-OF-WAY (50'R.O.W.) ENCROACHMENT (VOL.388-B,PG.181) 0.020 ACRES 885 SQ. FT. LEGEND P.O.C.=POINT OF COMMENCING P.O.B.=POINT OF BEGINNING CIRF=CAPPED IRON ROD FOUND R.O.W.= RIGHT OF WAY C.M.=CONTROLLING MONUMENT RIGHT-OF-WAY ENCROACHMENT part of Wingate Street & Foch Street W. Bussell Survey, Abstract No. 151 City of Fort Worth, Tarrant County, Texas KimlepoHorn 801 Cherry Street,Unit 11,#,30Tel.No.(817)335-6511 Fort Worth,Texas 76102 FIRM#10194040 w .kinnley-honn.00m Sale I Drawn by I Checked by Date Proied No. Sheet No. 1"=20' CDP MCB 10/2/2018 061289702 4 OF 5 BILLINGSLEY,MICHAEL 10/4/2018 8:29 AM K:\FTW_SURVEY\061289702-WINGATE\DWG\061289702-WINGATE_ENCROACHMENT.DWG 5/8"CIRF NORTH "KHA"(C.M.) LOT 7R-4X, 0 10 20 BLOCK 7 GRAPHIC SCALE IN FEET LEGEND P.O.C. =POINT OF COMMENCING P.O.B.=POINT OF BEGINNING CIRF=CAPPED IRON ROD FOUND R.O.W.= RIGHT OF WAY I I C.M.=CONTROLLING MONUMENT Iiu 0 a� 0 Z L22 I I II I I LINWOOD ADDITION (INST. NO. 217289146 � co LU - LU _ 3a L20 �— o U) 12�ab co T 6R-3, I LOT 6R-4, I LOT 7R-1, I LOT 7R-2, I LOT 7R-3, 2 J OCK 7 1 BLOCK 7 1 BLOCK 7 1 BLOCK 7 1 BLOCK 7 OU L17 L24 LL L16 �'` N TRACT 2 J RIGHT-OF-WAY 1/2"CIRFL14 ENCROACHMENT "TxHS"(C.M.) L26 0.005 ACRES LINE TABLE LINE TABLE P.O,B. 233 SQ. FT. NO. BEARING LENGTH NO. BEARING LENGTH WINGATE STREET L1 S89°46'29"E 2.92' L14 N89°46'29"W 10.00' (50'R.O.W.) (VOL.388-B,PG.181) L2 S00°02'20"W 5.07' L15 N45'26'1 8"E 5.80' L3 S89'52'1 8"E 105.49' L16 S89°57'40"E 3.25' L4 N00°02'20"E 4.90' L17 N00°02'20"E 3.20' L5 S89°46'29"E 4.00' L18 N45'26'1 8"E 3.83' L6 S00°02'20"W 4.89' L19 Noo°39'04"E 9.12' RIGHT-OF-WAY L7 S89'52'1 8"E 89.16' L20 N89°59'40"E 4.27' ENCROACHMENT L8 N00°02'20"E 4.74' L21 N00°03'46"E 33.83' part of Wingate Street & Foch Street L9 S89°46'29'E 4.00' L22 S89°57'40"E 4.00' W. Bussell Survey, Abstract No. 151 L10 S00°02'20"W 8.73' L23 S00°03'46"W 37.83' City of Fort Worth, Tarrant County, Texas L11 N89°52'18"W 206.64' L24 S89°59'40"W 7.10' Klmlev* Horn L12 N00°02'20"E 9.08' L25 S00°02'20"W 15.12' 801 Cherry Street,Unit 11,#1300 Tel.No.(817)335-6511 Fort Worth,Texas 76102 FIRM#10194040 www.kimley-hom.com L13 S89°46'29"E 1.08' L26 N89°46'29"W 1.38' Scale I Drawn by I Checked by Date Proiect No. I Sheet No. 1"=20' CDP MOB 10/2/2018 1 061289702 5 OF 5 BILLINGSLEY,MICHAEL 10/4/2018 8:29 AM K:\FTW SURVEY\061289702-WINGATE\DWG\061289702-WINGATE ENCROACHMENT.DWG