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HomeMy WebLinkAboutContract 51590 V Aly A y ' CITY SECRETAR t (0 CONTRACT w CONTRACT NO. c co 4�*I'S 1o� 0) RIGHT OF WAY Q� Gos�o ENCROACHMENT AGREEMENT fp (COMMERCIAL) �Yb Wd ZV �oIS AGREEMENT is made and entered into b and e y n between en the City of Fort Worth, 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 InTownflomes, LLC, a(n) limited liability company "Licensee", acting herein by and through its duly authorized Manager, the owner of the real property located at 200 Carroll 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 landscape irrigation (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 CA4's Public Right-of-Way beyond what is specifically described in the Exhibit(s) attar ed hereto. -i OFFICIAL RECO W CITY SECRETARY ROW Encroachment Acyreement-Commercial FlyaWOR MN, TX Rli 018 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 Improvements and use, Licensee shall pay to City an additional amount equal to such ROW Encroachment Agreement-Commercial Page 2 of' 12 Revised 10/10/2018 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 overhead communication, drainage, sanitary sewerage, transmission of natural gas or ROW Encroachment Agreement -Commercial Page 3 of 12 Revised 10/10/2018 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 ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, ROW Encroachment Agreement-Commercial Page 4 of 12 Revised 10/10/2018 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 12 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. [SIGNATURES APPEAR ON FOLLOWING PAGE] ROW Encroachment Agreement -Commercial Pave 6 of 12 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 f Wo T a nes, t � By: S gn Randle Harwood Name: Frank M.K. Liu Director Title: Manager Planning and Development Department Date: 1 KO , 20 K—) Date:'PIt, 20 (g O: ATTEST: .: Approved s To Form and Legality r 0 f City Secretary ......... •• TM Qualls,Assistant City AU=ey Contract Compliance Manager By signing I acknowledge that I am the person M&C.�� responsible for the monitoring and Administration 1295: n` of this contract, including ensuring all performance - and reporting requirements. Janie S. Morales Development Manager 141CIAL kEiCtC IRU CITY��SpECQRETARY ROW Encroachment Agreement Commercial Page"7 c51 2`��"TX Revised 10/10/201K---- STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on k1 ullwy" ILP "01 0 by Randle Harwood, Director of the Planning and Development Department of the City of F rt Worth, on behalf the City of Fort Worth. �'L s JENNIFER LOUISE EZERNACK Notary Pub i , State f exas _z.. G�_Notary Public, State of Texas Comm. Expires 03-01-2020 '•;;0�'�.'P`� Notary ID 130561630 OFFICIAL REC C CITY SECRETA%��' k ROW Encroachment Agreement-Commercial FT. WIQFJKfW 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 .24ry day of dtT�,ge e 2011 ♦ewewwewaweuwneweewweeewwee�ee W �ava,,,,, ANINI F DO NGUYEN `i#129034999 Commission Expires r�F July 20,2020 Notary Public in and for the State of TK After Recording Return to: City of Fort Worth Planning and Development Department CFA Office 200 Texas Street Fort Worth TX, 76102 OFFICIAL.FIE 'OR CITY SFCRETN't ROW Encroachment Agreement-Commercial F'I;UVORTPi4f Revised 10/10/2018 "EXHIBIT A" Location and Description of Encroachment and Improvements ROW Encroachment Agreement-Commercial Page 1 1 of 12 Revised 10/10/2018 O Z 0 f W 22 2 w 1 V-101A C Q Cl) 8nH1?:Id Y - AV31 Y N332i9 r I� O 12J3dn,(A _ WlAd-lO(IV U) J wm LU Z w = w co g = w LU 0 w r = U P: H i Q w W z 2 [��0: � z Lco� 3Ri2�(lo F' v .�2i38WIM 3Ribf10 N013-1dW31 O O N`dluav w U) w Au Q i �� A11S2i3nINn 2 O CD m E N3CId9l z Q ui = U �8 Q'P`� j 0 ON SIMOV HOZlbf wOpp W W z 2 � U J � � Z Q wv J C � k 3 u Z WHITMOORE ST Z X iG it l �._ -. lu r. tt3 m NORTH w O~ m co OCQd � � m F N W Gi o U Z _ M._T i m W a O L) LLI O Z D �' LL �; Do 0 II ( aai -j In W 0 LO 0 Z J J .1. Po W F- u� �' C7 Q^ LLI m ( F- �� I (� ,j W .J Q o � W % ... — O> � � I - I Z O rJ �� ' ( WF = o __...........— I CD- ( - - - - - - ` u� J I a ti co ( (I N U U 80 LU co Cl) IL co ih co J i 0 m z oo W 3: All p F z Z l 1 m z U W X V W Z '- uJ rZO Z u __._._....__�, J O O C) WEISENBERGER ST w U J "EXHIBIT B" Certificate of Insurance ROW Encroachment Agreement -Commercial Page 12 of 12 Revised 10/10/2018 DATE(MM/DD/YYYY) A��® CERTIFICATE OF LIABILITY INSURANCEF 11/12/2018 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(les) 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 CNAME:ONTACT Houston Certificates Hotchkiss Insurance Agency, LLC-Houston RHONE Ext):713-956-9800 (FAX,/ No):7I3-956-0331 13430 NW Freeway, Suite 600 E-MAIL Houston TX 77040-6312 ADDRESS: Certs hiallc.com INSURERS 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 SUER POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER /Y MM/DDYYY MM/DD D X COMMERCIAL GENERAL LIABILITY 04GL001004325 7/1/2018 7/1/2019 EACH OCCURRENCE $1,000,000 A IG CLAIMS-MADE �OCCUR PREM M SESOEa oNcur ETEence $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 I JET 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 AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ 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 $ B WORKERS COMPENSATION 0001239136 7/1/2018 7/1/2019 X AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? 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 7/1/2019 Per Loc 2,000,000 $25,000 AOP DED Per Occ 10,000,000 $25000 Named Storrs 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 PN 18-00099(Wingate ROW) I' Fort Worth TX 76102 4k ©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 Being Part of Carroll Street (a 60-foot wide right-of-way), part of Whitmore Street (a 60- foot wide right-of-way) and part of Weisenberger Street (a 60-foot wide right-of-way); all dedicated by the plat of Weisenberger Addition, an addition to the City of Fort Worth according to the plat recorded in Volume 388-A, Page 120 of the Plat Records of Tarrant County, Texas. ROW Encroachment Agreement -Commercial Page 10 of 12 Revised 10/10/2018 LEGAL DESCRIPTION RIGHT-OF-WAY ENCROACHMENT BEING a 552 square foot (0.0127 acre) tract (Tract 1) and a 465 square foot (0.0107 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 Carroll Street (a 60 foot right-of-way), Weisenberger Street(a 60 foot right-of-way) &Whitmore Street (a 60 foot right-of-way) all as recorded in Volume 388-A, Page 120 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 "RPLS 4818" found in the north line of said Weisenberger Street; THENCE N 89°44'19" W, along the said north line of Weisenberger Street, a distance of 35.15 feet to a the POINT OF BEGINNING; THENCE S 0°17'20" W, departing the said north line of Weisenberger Street, a distance of 9.58 feet to a point for corner; THENCE N 89°47'03" E, a distance of 2.34 feet to a point for corner; THENCE S 0012'57" E, a distance of 4.00 feet to a point for corner; THENCE S 89047'03" W, a distance of 6.37 feet to a point for corner; THENCE N 0°17'20" E, a distance of 12.63 feet to a point for corner; THENCE N 89042'40" W, a distance of 14.46 feet to a point for corner; THENCE N 0°17'20" E, a distance of 133.56 feet to a point for corner; THENCE S 89042'40" E, a distance of 3.54 feet to a point for corner in the east line of said Carroll Street; THENCE S 0°15'41"W, along the said east line of Carroll Street, a distance of 132.58 feet to a 5/8" iron rod found at the intersection of the said north line of Weisenberger Street and the said east line of Carroll Street; THENCE S 8904419" E, a distance of 14.85 feet to the POINT OF BEGINNING and containing 552 square feet or 0.0127 acres of land, more or less. RIGHT-OF-WAY ENCROACHMENT part of Carroll Street, Weisenberger Street & Whitmore Street W. Bussell Survey,Abstract No. 151 City of Fort Worth, Tarrant County, Texas Kimlev))) Horn 801 Cherry Street,Unit 11,#1..'ITel.No.(817)335-6511 Fort Worth,Texas 76102 FIRM#10194040 www.kimley-honn.com Scale I Drawn by I Checked by Date Proiect No. I Sheet No. N/A CDP MCB 10/1/2018 061289703 1 OF4 BILLINGSLEY,MICHAEL 10/4/2018 8:34 AM K:\FTW SURVEY\061289703-CARROLL STREET\DWG\061289703 CARROLL STREET ENCROACHMENT,DWG TRACT 2 COMMENCING at a 1/2" capped iron rod marked "RPLS 4818"found in the south right-of-way line Whitmore Street (a 60' right-of-way) as recorded in Volume 388-A, Page 120 of the said Plat Records; THENCE S 89°44'19"W, along the said south line of Whitmore Street, a distance of 50.00 feet to a 5/8" iron rod found at the intersection of the said south line of Whitmore Street and the east line of said Carroll Street; said point being the POINT OF BEGINNING; THENCE S 0°15'41" W, along the said east line of Carroll Street, a distance of 132.49 feet to a point for corner; THENCE N 89042'40" W, departing the said east line of Carroll Street, a distance of 3.52 feet to a point for corner; THENCE N 0°17'20" E, a distance of 133.29 feet to a point for corner; THENCE S 89042'40" E, a distance of 3.46 feet to a point for corner; THENCE S 0°15'41"W, a distance of 0.80 feet to the POINT OF BEGINNING and containing 465 square feet or 0.0107 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 ENCROACHMENT OF LEO BILLINGSLEY part of Carroll Street, ICHAEL C �(E........•T REGISTERED PROFESSIONAL CD'�P'p�G�sTEp' �1 Weisenberger Street & Whitmore Street LAND SURVEYOR NO. 6558 W. Bussell Survey,Abstract No. 151 KIMLEY-HORN AND •••c•••••••••••••••.•'•••••c••• City of Fort Worth, Tarrant County, Texas ASSOCIATES, INC. MICHAEL CLEO BILLINGSLEY 801 CHERRY STREET, UNIT 11, '. ,0 6558 Kimlev))) Horn SUITE 1300 SOF •'••.. ESS •.•• o FORT WORTH, TEXAS 76102 't'p •S U R v�y 801 Cherry Fort Wort Strxas 76102 #1300 it #10194040 Tel., No. 17)335-6511 PH. 817-900-8526 conn MICHAEL.BILLINGSLEY@KIMLEY-HORN.COM scale Drawn by Checked by Date ProjectSheet No. N/A CDP MCB 10/1/2018 0612897070 3 20F4 BILLINGSLEY,MICHAEL 10/4/2018 8:34 AM K:\FTW SURVEY\061289703-CARROLL STREET\DWG\061289703 CARROLL STREET ENCROACHMENT.DWG L8 — — NORTH � U W 0 10 20 o WEISENBERGER ADDITION a GRAPHIC SCALE IN FEET J LOT 11 R-1, BLK 8 co J � OJ � ° Q lcl� TEXAS INTOWNI HOMES, LLC U (INST. NO. D115142877) TRACT 1 WEISENBERGER Z O RIGHT-OF-WAY ADDITION _� o LOT 11 R-2, BLK 8 0o r o0 ENCROACHMENT Y o N 0.0127 ACRES _ _ I p < I o 552 SQ. FT. J � J I mea I om 00 WEISENBERGER r w 00 ADDITION C° LEGEND LOT 11 R-3, BLK 8 OJ W O U) P.O.C.=POINT OF COMMENCING �-' P.O.B.=POINT OF BEGINNING IRF=IRON ROD FOUND CIRF= 1/2"CAPPED IRON ROD FOUND"RPLS 4818" R.O.W.= RIGHT OF WAY C.M.=CONTROLLING MONUMENT NOTES WEISENBERGER ADDITION Bearing system based on the Texas Coordinate System of LOT 11 R-4, BLK 8 1983, North Central Zone (4202), with an applied combined scale factor at 1.00012. P.O.B. A metes and bounds description of even survey date 5/8"IRF P.O C. CIRF herewith accompanies this survey plat. L10M) (C-M) The undersigned, Registered Professional Land Surveyor, L6N89044'19"W 35.15' hereby certifies this survey plat accurately sets out the J –J! 2 metes and bounds of the encroachment tract shown. C, WEISENBERGER ST. J (60'R.O.W.VOL.388-A,PG.120) L4 RIGHT-OF-WAY ENCROACHMENT ICHAEL CLEO BILLINGSLEY OF part of Carroll Street, REGISTERED PROFESSIONAL �'�Q' GISTEO � Weisenberger Street & Whitmore Street LAND SURVEYOR NO. 6558 *:' * W. Bussell SUrvey,Abstract No. 151 KIMLEY-HORN AND "' """""""'•"""'`"' City of Fort Worth, Tarrant County, Texas ASSOCIATES, INC. MICHAEL CLEO BILLINGSLEY 801 CHERRY STREET, UNIT 11, SUITE 1300 ,9A'po 6558o�P�,. Kimlev* Horn FORT WORTH, TEXAS 76102 ,y' •..•ESS •.0 yo 801 Cherry Street,Unit 11,#1300 it Tel.No.(817)335-6511 PH. 817-900-8526 O S U R t ` Fort Worth,Texas 76102 FIRM#10194040 www.kimley-honn.com Scale Drawn by I Checked by Date Project No. Sheet No. MICHAEL.BILLINGSLEY@KIMLEY-HORN.COM 1"=20' CDP MCB 10/,/2018 061289703 7oF4 BILLINGSLEY,MICHAEL 10/4/2018 8:34 AM K:\FTW SURVEY\061289703-CARROLL STREET\DWG\061289703 CARR LL STREET ENCROACHMENT.DWG P.O.C. WHITMORE STREET (60'R.O.W.VOL.388-A,PG.120) NORTH L14 L15 N89044'19"W 50.00' 5/8"IRF CIRF 010 20 (C.M.) P.O.B. GRAPHIC SCALE IN FEET WEISENBERGER ADDITION LOT 1R-1, BLK8 0o p TRACT 2 v °¢ RIGHT-OF-WAY m W Q LINE TABLE ENCROACHMENT 0 I NO. BEARING LENGTH 0.0107 ACRES 1-- m M L1 S00°17'20"W 9.58' WEISENBERGER I O z —j 465 SQ. FT. ADDITION J W ®L2 N89°47'03"E 2.34' LOT 1 R-2, BLK 8 W L3 S00°12'57"E 4.00' L4 S89°47'03"W 6.37' L5 N00°17'20'E 12.63' uj J — — I I 00 L6 N89°42'40'W 14.46' a TEXAS INTOWf HOMES, LLC I U L7 N00°17'20"E 133.56' I— ¢ (INST. NO. D 15142877) co ® ® L8 S89°42'40"E 3.54' J J WEISENBERGER m O0 ADDITION L9 S00°15'41"W 132.58' oLOT 1 R-3, BLK 8 L10 S89'44'1 9"E 14.85' Q o L11 S00°15'41"W 132.49' V — — I I L12 N89°42'40"W 3.52' L13 N00°1720"E 133.29' WEISENBERGER L14 S89°42'40"E 3.46' ADDITION LOT 1 R-4, BLK 8 1 I L15 Soo°15'41"W WEISENBERGER ADDITION L12 1 LOT 1 R-5X, BLK 81 1 RIGHT-OF-WAY LEGEND ENCROACHMENT P.O.C.=POINT OF COMMENCING part of Carroll Street, P.O.B.=POINT OF BEGINNING Weisenberger Street & Whitmore Street IRF=IRON ROD FOUND CIRF= 1/2"CAPPED IRON ROD FOUND"RPLS 4818" W. Bussell Survey,Abstract No. 151 R.O.W.= RIGHT OF WAY Cit of Fort Worth, Tarrant Count Texas C.M.=CONTROLLING MONUMENT y y' Kirnley* Horn 801 Cherry Street,Unit 11,#,30Tel.No.(817)335-6511 Fort Worth,Texas 76102 FIRM#10194040 www.kimley-hom.com Scale I Drawn by I Checked by Date Project No. I Sheet No. 1"=20' CDP MCB 10/1/2018 061289703 40F4 BILLINGSLEY,MICHAEL 10/4/2018 8:34 AM K:\FTW SURVEY\061289703-CARROLL STREET\DWG\061289703 CARROLL STREET_ENCROACHMENT.DWG