HomeMy WebLinkAboutContract 32510I i Y E=CRET�' TRACT q.,,���� CON ACT NO .
ENCROACHMENT AGREEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS AGREEMENT is made and entered into by and between the City of
Fort Worth, a municipal corporation of Tarrant County, Texas, acting herein by
and through its duly authorized City Manager or duly designated Assistant City
Manager, hereinafter referred to as the "City", and -X1- V, I- TD
A Lrmxs abA L_A<- O.I.A 71 r Y. / �K
acting herein by and through its duly authorized MAMA61T.MCi
hereinafter referred to as "Grantee", Owner of the property located at
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,/jg („Property„).
WITNESSETH:
1.
For and in consideration of the payment by Grantee of the fee set out
below and the true and faithful performance of the mutual covenants herein
contained, City hereby grants to Grantee permission to construct/ install and/or
allow to remain, Improvement(s) ("Improvement") that encroaches upon, uses
and/or occupies portions of the space under, on and/or above the streets, alleys,
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sidewalks and other public rights -of -way, such Improvement(s) are described as
follows:
The location and description of said Improvement and the encroachment is more
particularly described in Exhibit "A", attached hereto, incorporated herein and
made a part hereof for all purposes.
2.
All construction, maintenance and operation in connection with such
Improvement, use and occupancy shall be performed in strict compliance with
this Agreement and the Charter, Ordinances and Codes of the City and in
accordance with the directions of the Director of Transportation and Public Works
of City, or his duly authorized representative. All plans and specifications thereof
shall be subject to the prior written approval of the Director of Transportation and
Public Works, or his duly authorized representative, but such approval shall not
relieve Grantee of responsibility and liability for concept, design and computation
in preparation of such plans and specifications.
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3.
Upon completion of construction and installation of said Improvement and
thereafter, there shall be no encroachments in, under, on or above the surface
area of the streets, alleys, sidewalks and other public rights -of -way involved,
except as described herein and shown on the hereinabove referred to Exhibit "A".
4.
Grantee, 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 the utility companies and the appropriate agencies of the State 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, Grantee shall pay to City an additional amount equal to
such additional cost as determined by the Director of Transportation and Public
Works of the City, or his duly authorized representative.
5.
City may enter and utilize the referenced areas at any time for the purpose
of installing or maintaining improvements necessary for the health, safety and
welfare of the public or for any other public purpose. In this regard, Grantee
understands and agrees that City shall bear no responsibility or liability for
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damage or disruption of improvements installed by Grantee or its successors, but
City will make reasonable efforts to minimize such damage.
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,
Grantee agrees to pay to City at the time this Agreement is executed a fee in the
sum of:
Five Hundred, Thirtv-five and no/100 Dollars_($535. 00).
7.
The term of this Agreement shall be for thirty years, commencing on the date this
Agreement is executed by the City of Fort Worth.
Upon termination of this Agreement, Grantee shall, at the option of City
and at no expense to City, restore the public right-of-way and remove the
Improvement encroaching into the public right-of-way, to a condition acceptable
to the Director of Transportation and Public Works, or his duly authorized
representative, and in accordance with then existing City specifications. It is
understood and agreed to by Grantee that if this Agreement terminates because
the Business ceases to operate and Grantee fails to remove the Improvement,
Owner hereby gives City permission to remove the Improvement and any
supporting structures and assess a lien on the Property for the costs expended
by the City to remove such Improvement.
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It is further understood and agreed upon between the parties hereto that
the City streets, alleys, sidewalks and other public rights -of -way, including the
portions of such streets, alleys, sidewalks and other public rights -of -way to be
used and encroached upon as described herein, are held by City as trustee for
the public; that City exercises such powers over the streets as have been
delegated to it by the Constitution of the State of Texas or by the Legislature; and
that City cannot contract away its duty and its legislative power to control the
streets for the use and benefit of the public. It is accordingly agreed that if the
governing body of City should at any time during the term hereof determine in its
sole discretion to use or cause or permit the said portions of the streets, alleys,
sidewalks and other rights -of -way 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,
then this Agreement shall be automatically canceled or terminated.
10.
Grantee understands and agrees that the granting of any encroachment
hereunder is not meant to convey to Grantee any right to use or occupy property
in which a third party may have an interest, and Grantee agrees that it will obtain
all necessary permission before occupying such property.
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11.
Grantee 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 said Improvement, encroachment
and uses.
12.
Grantee 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.
Grantee 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 Grantee 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 Grantee, its officers, agents, servants, employees,
contractors and subcontractors, and nothing herein shall be construed as
creating a partnership or joint enterprise between City and Grantee.
14.
GRANTEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS
r.
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST
ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS
AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR
INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE,
EXISTENCE OR LOCATION OF SAID IMPROVEMENT 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 OR INVITEES OF THE CITY; AND
GRANTEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR
SUCH CLAIMS OR SUITS. GRANTEE 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 ANY AND ALL ACTS OR OMISSIONS OF GRANTEE,
ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS.
15.
While this Agreement is in effect, Grantee 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 located and
described in Exhibit "A". The amounts of such insurance shall be not less than
the following:
Property damage, per occurrence
Bodily injury, per person
$100,000
$250,000
Bodily injury or death, per occurrence $500,000
with the understanding of and agreement by Grantee that such insurance
amounts shall be revised upward at City's option and that Grantee shall so revise
such amounts immediately following notice to Grantee of such requirement.
Such insurance policy shall provide that it cannot be canceled or amended
without at least ten (10) days prior written notice to the Building Official of the City
of Fort Worth. A copy of such Certificate of Insurance is attached as attached as
Exhibit "B". Grantee agrees to submit a similar Certificate of Insurance annually
to City on the anniversary date of the execution of this Agreement.
Grantee 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 city streets. All insurance coverage required
herein shall include coverage of all Grantee's contractors.
16.
Grantee 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
Consent Agreement in its entirety in the deed records of Tarrant County, Texas.
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After being recorded, the original shall be returned to the City Secretary of the
City of Fort Worth, Texas
17.
In any action brought by the City for the enforcement of the obligations of
Grantee, City shall be entitled to recover interest and reasonable attorney's fees.
Grantee covenants and agrees that it will not assign all or any of its rights,
privileges or duties under this contract without the prior written approval of the
City Manager or designee. Any attempted assignment without prior written
approval will be void.
19.
THE PARTIES AGREE THAT THE DUTIES AND OBLIGATION
CONTAINED IN PARAGRAPH 8 SHALL SURVIVE THE TERMINATION OF
THIS AGREEMENT.
20.
This Agreement shall be binding upon the parties hereto, their successors
and assigns.
Z'
dual/EXECUTED this Leday of ,
, 20 C'
CITY OF FORT WORTH, G ANTOR c J LI< N O i I , GRANTEE
By j Bvx
Dale Fisseler, `d-' - Asst. City Mgr. r ��A.V
ATTEST:
City Secre6ry
Cor.t ac Au*.0 zatiox
date
APPROVED A TO FORM AND LEGALITY
City Attorney
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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 Dale Fisseler, 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 the City of Fort Worth,
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _JS��, day of
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Notary Public in and for the
State of Texas
KATHY F. DURHAM
='*;f MY COMMISSION EXPIRES
-; January 24, 2009
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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 m(1 � c" It Y 1 f
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 cQnnsideration therein expressed, as the act and deed of
c I LK L-.� �� �l L^ 1 1� and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this z�''� day of
20 D:C
DEBRA JUNKIN MEERS O ary P lic i and for the
My commi"ioe Expires July 31, 2008 State Of Texas
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GUIDELINES FOR
PLACEMENT OF SUBDIVISION MARKERS
IN PUBLIC RIGHT-OF-WAY
CITY OF FORT WORTH
A. GENERAL
1. All marker proposals are subject to review to assure that they
possess no safety problem and to assure that they will not reduce
traffic or maintenance efficiency. These policy guidelines in
no way imply that the City is obligated to approve subdivision
marker proposals.
2. Applicants for marker placement must own or legally represent the
ownership of property on both sides of the subject street and
must own or legally represent a subdivision which is logically
entered into on the subject street and which encompasses an area
of at least 100 acres.
3. The entity making request for markers is responsible for all
maintenance and repair associated with such markers and must
submit an affidavit to that effect. Should such entity fail
to perform adequate maintenance or should such entity dissolve
their legal existence, the City can take whatever action is
necessary to cause the entity to perform maintenance and repair
or the City may require that markers be removed or City may
have markers removed.
4. If at any time markers must be removed to facilitate street expan-
sion, turning lanes, alternative forms of transportation, inter-
section changes or other work determined to be necessary for the
health, safety or welfare of the general citizens, then the City
can have such markers removed and will be under no obligation to
pay for such markers or relocate such markers.
B. PROCEDURES FOR REQUESTING CITY COUNCIL APPROVAL OF SUBDIVISION
MARKER ENCROACHMENT
1. Owner for his representative) submits requests to Department of
Development. Four sets of design and construction drawings shall
be submitted to the City Development Department for review and _
approval. In addition to construction details, such drawings
shall show specific location in reference to surrounding streets
and intersections. An application fee as prescribed by the
Building Code, must accompany such requests.
2. Department of Development notifies utility companies and affected
City Departments of the proposed installation. The recipients
have ten (10) working days to respond to the proposal.
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3. After the ten days have passed, the Encroachment Committee meets,
reviews the comments, discusses potential problems, and votes to
;approve or disapprove the application.
4. If the application is disapproved, the owner is notified and given
the reason for disapproval.
S. Should the.Encroachment Committee recommend approval, the application
is forwarded to the City Council.
6. If the application is approved by the City Council, the owner is
notified and the Consent Agreement is circulated for approval and
signature. An insurance certificate must accompany the agreement
as proof that the applicant 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. The amount of such
insurance coverage shall be determined by the City.
C. PHYSICAL CHARACTERISTICS
1. Subdivision markers shall be of a size and scale compatible with
the surrounding environment.
2. Subdivision markers shall only include subdivision name, and a
simple subdivision logo.
3. Markers should be constructed of solid, durable materials designed
to have a 30+ year life with no maintenance. Masonry materials
such as cut stone, brick, reinforced concrete are recommended.
Markers of wood, metal, plastic are discouraged and will normally
not be approved. Markers should be solid stone, solid reinforced
concrete, solid brick walls, and shall not be open core walls or
other types of construction that would be subject to deterioration.
4. The subdivision name and /or logo must be permanently and solidly
attached or imprinted into the marker.
5. The size, color, shape, and texture of marker shall generally be
compatible and in good taste using commonly accepted good design
standards. Bright colors will generally not be acceptable. Earth
tone colors are recommended. Painted surfaces are not allowed.
Surface colors shall be the natural color of the material used.
6. Footings and foundations for markers shall be sufficient to avoid
any settling or other structural failure. Marker bases shall include
concrete mow strips at least 16" in width and flush with the finished
ground level to facilitate easy maintenance.
:WIC
D. LOCATION
The guidelines which follow are based upon the need to protect lateral
roadway clearances, high probability impact areas, and intersection
sight'distances.
1. The placement of subdivision markers in public right-of-way must
comply with all safety design criteria contained in recognized
traffic manuals and be approved by the Director of Transportation
and Public Works. It is the responsibility of the applicant to
prove that his request meets this criteria.
2. The following sections describe, in general, where markers may be
placed and be in compliance with such safety criteria. There may
be instances where these generally described rules do not apply.
If the applicant can -prove to the Department of Transportation
and Public Works Director that a marker can be placed in such a
manner and location that the motoring public can operate in a
safe environment, the Director can waive any specific criteria.
3. Subdivision markers shall be placed where they do not interfere
with the placement, maintenance, or operation of utilities or
storm drains.
4. Safe Lateral Roadway Clearances
a. Subdivision markers shall not be permitted within 6' laterally
of the face of the curb.
b. If there is no curb. Subdivision markers shall not be permitted
with 16' laterally of the edge of the pavement. This offset
will provide for the future widening of arterial; e.g., a 10'
left -turn lane, and still maintain the 6' minimum clearance
standard after widening.
5. High.Probability Impact Areas
a. Subdivision markers will not be permitted within 50' of the
end of the nose of a median.
b. Sub --Standard Design Curves:
In areas where the design speed of a horizontal curve of
the roadway through lanes is less than the desired design
speed of the remainder of the roadway, markers with massive
structures which can be hazardous when struck by an auto-
mobile shall be restricted from a point of 150' beyond the
point of a curvature (beginning of curve) to a point 150'
beyond the point of tangent (end of curve). This is
illustrated on Figure 1 attached hereto.
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6. Intersection Sight Distance
a. Uncontrolled Crossing Intersection
Between 0' and 150' from the nose of a median no subdivision marker shall be
placed.
b. T-intersections or Crossing Intersections Under Control:
1. For approaches controlled by stop signs or traffic signals, no subdivision
marker shall be placed in the median of the controlled street between 0' and
50' from the nose of the median.
2. For approaches controlled partially or totally by yield signs, no subdivision
marker shall be placed in the median of the yield -controlled approach in such
a way as to encroach upon a triangle formed by the following points: (1) the
point of potential collision of the through vehicle and the yield -controlled
vehicle; (2) a point 130' from Point 1 back along the uncontrolled approach
a distance equal to the safe stopping distance of the vehicle assuming it is
traveling at the roadway design speed and has a 1.5 second perception -
reaction time. In no case shall the setback from the nose of the median be
less than 50'.
3. For approaches for the intersection which my not be controlled, the marker
shall be (1) located between 50' and 75' from the nose of the median, and
(2) not more than 15' in height, 12' in length, and 5' depth.
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AGREED TO BY (signature)
Name (Printed) & Title (Printed) MLA Q
fflaf V�L r*� tl:�Lr
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ISO,
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N THIS AREA
FIGURE 1
HIGH PROBABILITY IMPACT AREA
SUBDIVISION MARKER POLICY GUIDELINES
CITY OF FORT WORTH
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public ip an4n� ►�'
f r the State of xas, on this day personally appeared n
Ylr , know to me to be the person whose name
is subscr' ed o 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 cJ LK Libel 0
and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this Z4�'"/V
day
—off--
-Jo+ n u& o% r N 2 O b
f
DEBRA JUNKIN MEERSbi
Y1 w
My commission Expires *oary Pu 'c ' and for
July 31, 2008
the State of Texas
-5-
SUBDIVISION MARKER #1
13300 HUNDRED BLOCK
PARK VISTA BLVD
ENTRY F:EA7TJPE
13 3 t, UNDIZED BL OCIK .
PARK VISTA BL VD. \
L T M 1 Off' WORK
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GPASSY GLEN DRIVE EXISTING LIGHT B AS
TYPICAL
North
EXHIBIT A j
A SC�iLE:.1 �,=?a'-0" I
10'--0"
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61' - 6"
1, 6„ 6 _O" 1 `-6"
(.LC-1) o Rutting
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M Meadows
CAST STONE SIGN
MILSAP STONE VENEER W/
STONE TIES EVERY
OTHER COURSE
STONE ROWLOCK
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6"
3"
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4"
4N
#6 VERT. REBAR @ 16" O.C.
STONE ROWZOCE
STONE VENEER W/
STONE TIES EVERY
OTHER COURSE
(4) #S REBAR TOP AND
B6TT6M EACH WAY
W/#4 TIESS a@ 12" O.C-
(4) #S REBAR PERT. W/
4ff 12" (LG
12" CONCRETE PIER @ 10'-0"
DEPTH W/24" BELL OR 3'--0"
I1V7O SOLID ROCK.
SUBDIVISION MARKER #2
13190 HUNDRED BLOCK
PARK VISTA BLVD
/
1-1
/EUSTING LIGHT BASE
/ TYPIC4L `
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LC C-01
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CAST STONE SIGN
MILSAP_STONE VENEER Wr
STONE TIES EVERY
OTHER COURSE
STONE ROWLOCK
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CAMBLOCK_WIDUR-O- WALL
HORZ. TR USS E• VER Y OTHER COURSE
'COLOR OF CMU TO MATCH
STONE
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ALL CELLS SOLID W1
TWO PSI CONCRF_TE
#6 VERT. REBAR na16" O.C.
CAST STONE. SIGN
STONE ROWLOCK
_ STONE VENEER W1
STONE TIES EVERY
OTHER COURSE
ENTRY SECTION
SCALE: 1/2"=P-0"
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SCALE: 1/2"=1'_0"
r--- SL-Bh0Cf#,-W1- _ I7ALI,
IIORZ. TRUSS EVERY OTHER COURSE
/ COLOR OF CAlU TO MATCH
STONE
FILL ALL CELLS SOLID W1
2500 PSI CONCRETE
CAST STONE SIGN
#6 VERT. REBAR @ 16" O.C.
STONE ROWLOCK
STONE VENEER W1
` - STONE TIES EVERY
OTHER COURSE
(4) #5 REBAR TOP AND
BOTTOMEACH WAY
W1 #4 TIES @ 12" O. C.
(4) #5 REBAR VERT. W1
#4 TIES @ 12" O.C.
_ 12" CONCRETE PIER @_10'-0"
DEPTH W124" BELL OR 3'--0"
INTO SOLID ROCK.
M&C Request Review
Page 1 of 2
wwwXFWNet,,a
COUNCIL ACTION: Approved on 9/6/2005
DATE: 9/6/2005 REFERENCE NO.: C-20966 LOG NAME:
CODE: C TYPE: NON -CONSENT PUBLIC
HEARING:
Pr
06PARKVISTASIGI
70 1%
SUBJECT: Authorization to Enter into an Encroachment Agreement with JLK Land, LTD Allowing Use
Right -of -Way for Installation of Two Subdivision Markers in Park Vista Boulevard
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into an Encroachment
Agreement to allow use of the right-of-way for installation of two subdivision markers in Park Vista Boul
DISCUSSION:
JLK Land, LTD, a Limited Partnership of Dallas County, Texas, through its agent, Ironwood Design Grc
Texas is proposing to construct two subdivision markers (or monument signs) in the median of Park Vi:
Boulevard. One marker will be placed in the 13300 block of Park Vista Boulevard and the other will be
placed in the 13190 block of Park Vista Boulevard. They will be located in the subdivision known as Rc
Meadows in close proximity to Alliance Gateway Corridor. The markers will be constructed of stone an
include cast stone sign with the name "Rolling Meadows." The purpose of the markers is to provide
identification for the "Rolling Meadows" development.
The Encroachment Committee has reviewed this request and determined that the proposed installation
meet the requirements of the City of Fort Worth. Therefore, the Committee is recommending approval
application.
The encroachments will be in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers
Submitted for Citv Manaaer's Office bv:
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
Dale Fisseler (6140)
Bob Riley (8901)
Bob Riley (8901)
ATTACHMENTS
http://www.cfwnet.org/council_packet/mc review.asp?refnum=C-20966 10/31/2005
M&C Request Review
Page 2 of 2
Attachments for M&C 1 of 4 tif.tif
Attachments for M&C 2 of 4 tif.tif
attachments for M&C 3 of 4 tif.tif
Attachments for M&C 4 of 4 tif.tif
http://www.cfwnet.org/council_packet/mc review.asp?refnum=C-20966 10/31/2005