HomeMy WebLinkAboutContract 52745 CITY SECRETARY
(LIVED CONTRACT NO. SZ7 }5
' 2919
v oF;=ORiVVORTEf c� BLIC RIGHT-OF-WAY ENCROACHMENT LICENSE AGREEMENT
CITY SECRETARY nQ + COMMERCIAL
04 ! 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
Planning and Development Department Director, and First on 71h, LP, a(n) limited
partnership ("Licensee"), owner of the real property located at 500 West 71h Street,
Fort Worth, Texas 76102 ("Property"), acting by and through its duly authorized
Manager.
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," which is incorporated
herein for all purposes; and
WHEREAS, Licensee desires to construct/place and maintain certain
improvements which will encroach in, on, above, or below the Public Right-of-Way; 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 Right-of-Way as described in and at the location
shown on Exhibit A, but only to the extent shown thereon, for the purpose of installing
stairs, ADA ramp, grease traps, sample wells, clean out, landscape bed and blade
sign (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to
be responsible for maintaining the Encroachment within the Public Right-of-Way.
Licensee shall not expand or otherwise cause the Encroachment to further infringe in or
on the Public Right-of-Way beyond what is specifically described in the exhibit(s)
attached hereto.
OIFF1CIAi. Qr-*r r 11_
CVTY SECRETA0 a
ROW Encroachment Agreement-Commercial '
Revised 12/2018
\II construction, maintenance. hr operation in connection %%ith such
t;ttctoachmcnt, use. of occuptutcy shall coulply and be perlurnted ill strict compliance
��itli this Agrecn-fcnt and v�ith the Charter. Ordinances, and Codes of the City, and in
accordance with the directions of the Director of the transportation and Public Works
Department or tlfe Director of the NVater Departnent, of their duly authorized
representative. prior to the construction of the Encroachment. Licensee shall suhmit all
plans and apeciticaticlns to the applicable Director or duly authorized representative.
Licensee shall not commence construction of the Fncroachment until such approval shall
be indicated in writing b%' the applicable Director or authorized representative. I Iowcver,
such approval shall not relieve Licensee of responsibility and liability tut concept. desiL,rf.
and computation in the preparation of such plans and specifications.
3.
klcensee at no expense to the l ttv shall make proper provisions for the
relocation and installation of ariv e witino or future utilities alfectcd by such
Lncroachntc:nt, use, and occupancy, includiu�'" file securing the approval died consent oC
the appropriate utility companies and a"Clicie"; of the glare of- 1 teas and its politicni
snhclivisions. In the event that anv installation, reinstalintion relocal loll. or repair of any
existintt or future utility of, improvellwl is awned by of rolvtitlj cted by of. on hehalt of,the-
public of at public CNIMusc is ufade More cushy by virtue ol, the coustuction.
nfainlenance. or C\istence of lire Fneroachntent and rise.. I icensee drill 1)r) to ('it4 au
ndditicmll anunfnl to such additional co.:t a; dc1crtuincd by tit( l)lwkAcli of
transportation and Public Works or the Uircctor of the• Water Depart7tent. or their duly
authorized repl-CsentatlVC.
I I+'r'nti�'t' ;1l�t'r'eti Ihai ( f(\' Ina\ r'illr`t' ;end Iliill/1` Illl' it'�f'I�'n('Plf 'irt';)ti :11 ,illV' tlinr,
for the purpose of installinLr, repairing, replacing, or maintaining, improvcmenls to its
public facilities or utilities necessary fur file health, safety, and �%Cltlu-c of the public- of
tut any uthcr public purpose. the City shall bear uo respousibilit% ur liabllat fur airy
ri;u>>,tf C of di,fttption or odwr aldverse cou5c�flur'rn'(s fesnitin;' 1'ron) dw F;ncroachuie.nt
ufstalled b� Licensee. but 0tv will ufake reawuahle eftOnts to fuiniutiVe such danta0.c,
0.
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 Right-of-Way to a
condition acceptable to the Director of 7 ransportation and Public Works or the Director
of the Water Department, or their duly authorized representative, in accordance with
then-existing City specifications. It is understood and agreed to by Licensee that if this
Agreement terminates and Licensee fails to remove the Encroachment as directed and
restore the Public Right-of-Way, Licensee hereby gives City permission to remove the
ROW Encroachment Agreement-Commercial Page 2 of 12
Revised 12/2018
Encroachment and any supporting structures and assess a lien on the Property for the
c.,qpcudcd by the City ill taking ,uch 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, m:iintenance, inspection nr
mana(jement of the encroachments and uses provided Lor by this Agreement, Licensee
agrees to pay to City at the time this zkureement is requested in application fec in the sunr
oh Five. hundred Dollars (�500.00). Additionally, Licensee agrees to poly a fee ill the
amount of w 1.44 per squareitincav toot of the encroachment area upon execution of this
Agreement and anuua11V thereafter.
he term of this !Vreement shall he for thirty (30) years, commencing on tic,
(late this A"reenicut is cxccutCd by City. Ilovvevcr, this Agrecureid ntav he terminated
upon Licensee's nuucoutpliauce vwlr any oh the tettus oh this A-recuwnt. City shall
notify I icensec in writing of any noncompliance and if not cured within thirty (.'0) clays.
this A-trvcnirnt shall he deemed terminated, unless such noncompliance is not susceptible
to rink within thirty (0) days, in v011c1 ca.sc this /lgnemcut shall be deemrd terminated
ill the event that Licensee tails to commence and tale such reasonable steps as are
uecessaly to wilw( k thr uuncou)plianw, vvilhin thirty (0) days after written notice
t)�Cif iii`� the sauce, or hil.iii`� �u conuucu�ccl, ilictcaf[ci tails tv plo(c�d dili`acutly and
with continuity to relneLk wine.
It l.'s hiltlwr ulldcr;tkmd ,lnel h1't\,VL;e'n tliC IIeIC10 Ihal 01C l'lihh('
k i-lit t,t- Way to he ivsod ;Ines f-nrrwichod iipon is hold I) ;)Q liar thy' huhlir
that City exercises such powers over the Public Right of- 'av as hay c been delegated to
it by the. Constitution of the State of, Icxas or by the I exas I.c�"islaturc, Intl that ( iiv
cannot culitiact away its (Ills\ and its le�'islative power to contiol the Public Right-ol,-, ply
fir the use and benctit of the public. It is accordin"ly a"i-ced that it the uuvcrninn—, hodv
of('itv may at aliv [line duriitu, the terns hereof determine in its sole discretion to use or
cause or permit the Public Right-of Way to be used for all', other public purpose.
including but not being limited to uncfer21-01-Ind, surface, or overhead communication.
draina-e, sanitary sewerage, transmission of natural gas or electricity, or any othel public
purpose, yxhether presently contemplated or not, that the parties agree to negotiate in
good faith in order to accommodate the Encroachment and the public purpose.
9.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS
ROW Encroachment Agreement-Commercial Page 3 of 12
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OFFICERS, AGENT'S, SERVANTS, EivIPLOYEES, AND ELECTED OFFICIALS
FRO-,1 AND .AGAINST ANY AND ALL CLAIMS OR SUITS F'OR PROPERTN'
DAt�IA(;L OR LOSS AND/OR PERSONAL INJURY, INCI_,ICDING 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,
iV1AINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE
ENCROACHiNIENT AND USES GRANTED HERPAINDER, WHETHER OR Nof
CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SLJBCONTR.kCTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF
THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND
RESPONSIBILITY FOR SUCH C'LAI IS OR SUITS. LICENSEE SHALL
LIKF,WISL ASSUME ALL LIABILITA AND RE'SPONSIBILLTY AND SHALL
INDFNIN1F'Y CITY FOR ;ANY AND ALL INJURY OR DAMAGE TO CM
PIZ(11'IA0 Y ARII�IN(; (►IJ 01F M IN C0NNF,('T10N 4N ITII T11F,
ENCROACHMENTS A1ND ANY AND ALL ACTS OR OMISSIONS OF
LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, 13,11ILMLES,
CONTRACTORS, SUBCON'TR,XCI'ORS, LICFENSEES, OR INVITEES.
10,
��'lrilc this A,—,ncuteut is iu effect. Liccllscc agrees to fiuuish City with a
Celitficatc of Insurance muttin`, (,ItN 'Is ccrtitic'mo holder a, proof 111;11 i, h(t, ,ornry d aml
Laid fot a polic% of public liability in:;uranc:e CO3Crin-! all l)Ublk' ri.;l.s r:l�Itcol to ilt;
proposed use and occulmllc•y of pnhlic properh, as located and described m l-.sh1h1t A.
I ltC auwunt, 01 such insurance shall be not less than
S 1,000,000
ccith Ihc, undcT�t;uldinv Mid ;191(:c•niCnt b, iu111iinnc tl ,nuoiiiii11 HIM he
revised upward at Uitv's option and that licensee Slmll so revise such amounts
intinedi�tic lullu��iu notice to I iccusce ufsucli tequireutent. SuClt insurance polio
Shall not be canceled or amended without at (cast thirty (30) loos p1101 N tten u0ticc to
the E3uildina Official oftlie C'it�. .� cupy ofsuc•lt Certificate of Insuiaucc. is attached ;rs
.Exhibit B- and incorporatcd herein tut all putpOsca. licensee agrees to suhn-lit a
Similar Cerl'hcate of hisurance annually to the City on the anniversary date of the
execution of this Aoref-ment
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 ofthe Encroachment and the cleaning and
restoration of the Public Right-of-Way. All insurance coverage required herein shall
include coverage of all Licensee's contractors and subcontractors.
ROW Encroachment A-reemew-Commercial Pa,e 4 of 13
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11.
I icenwe `prees to deposit with the City when this Apreennefll in ewcuted it
sufficient suns ofnnonev to he used to pay necessity Res to record llfis Agrenumv in the
real property records of Tatrant County, Texas. Aftet being recorded, the otiginal shall
be returned to the City Secretary- of the City of Fort Worth.
12.
Licensee agrees to cotnply fully with all appiicable federal, state. and local laws.
statutes, ordinances, codes, and regulations in connection with the coustrnction_
operation, and maintenance of the Encroachment and uses.
13.
I fr, n „ r ,t`r I p,t . prnnfpily v\h"n dnf fl! t ir� :t' ; ur r; ntcil; prn,ul 'd I >r
by this - gmement or by any federal, stale. or local statute- law, or regulation
14.
1 icensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all and privileges granted hereunder and not as -,in officer Tent,
servant, or cutploycc of City. and Licensee shall have exclusive control of and the
exclusive tirdht to c:ouhol the detnik of its operations, and all person, 1)('l1`6111611g) saute
and ihall h;solely respon:fhl,, At tho act; and onnfssions of its officer& agms scivanti,
cmplovees contractors, snhcorntractors. licensees, and invitees. I he doctrine of
respondent superior shall not apply as hctwvcn City and Ltcenscc. its officers. agents.
;rrvanls ('nrplo)cr"; coffirnc•tofs and suhcoj lfackws and llolhin(�. hel-cin shall he
constfucd as if polincfship w joint cntefprise between Cil" and Licensee.
1-5.
Liccusee agrees Lund aclaloMc(11-es drat this AgCCctucut is sold) Cor t(tc purpose
ofpernli(tin.g 1 icensee to conslrnct. maintain, and locate Iho Encroachment ovel of within
the Public flight-of-`v ay and is not a comvyw ce of any fight, tale, or micrest in of to life
Public Ktght-of-`vVay, nor is it meant to convey any right to use or occupy property in
which a third-party may hay e ,in 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.
ROW Encroachment Agreement-Commercial Page j of 13
Revised 1_'/?013
17.
I'he parties a,_,ree that the duties and obli�.iations tonglined in Section 5 shall
survive the ternlinalloll ol,this A--Cement.
I icensee covenants and awrees that it will not assign all oi- wlv of its rights
prMleaes, or duties under this Agreement witiluut the written approval of the City, and
any attempted assignment without such written approval shall he void. In the event
1.1Ce11Sc'e Conveys the Propertti.. Licensee may assign all of its rights and obligations under
This Aurcemeili to the u.;w owner of the Property, and Licensee shall he deemecl released
from its duties and obligations hereunder upon Citv''s approval in writing of such
assignnlcnt_ which Ippuotal shall not he uuleasouahlV cuuditiuncd of wiIUIeld.
Foreclosure by a secured lender of, Licensee or assignment to a secured tender by
I lcens(' in thr' wont ol,dl, ;lult or slwll not rClpniro ('11% alpprnw nl provid"d th;lt
said lender notifies City in writing within sixty (60) days of' such foreclosure or
assi�nment and assumes all of Licensee's rights and obligations hereunder. ilovvever, no
change oC ownership title to foreclosure or assignment to any secured kndcr of Licensee
shall be effective as to Cil ; Unless and until written notice of` ';uch foreclosurC or
asSlglltl��'l�t is provided to ('ity_
19.
\11 CILISC Of' ,ll;tli)ll 161' br'Cacll 01 tlli ; A,)FCCllh'Ilt .;Ildll bk2 hrvll`ht Ill Iilll,lnt
( 'ounly. fcsas. I his Alvi-crment shall he governed by flit laws of the State of I eras.
20.
1Ili-, ;A!,wcnwl11 ;hall he himilm, 11pnu ilw pmll(rs lwj-ow muf 11wil IMCUOYS01'ti and
assi( ns.
21.
phis AUIVCHlcut Urt� be e,vecuted in UIt1111p1c Cowlk-Ipalts, each of which shall he
considered an original, but all of w-hich shall constitute one iustrumeut
ISICNATURES APPEAR ON FOLLOWING PAGE
ROW Encroachment Agreement-Commercial Pa_e 6 of 12
Revised 1212013
City: Licensee:
CITY OF FORT WORTH FIRST ON 7T", LP
a Texas limited partnership
By: TAG WFMG, LLC a Texas limited
liability com n , ' en -al partner
By: By:
Randle Harevo od Director Name• 'lenn Darden
Planning& Develo iner Title: Manager
Date: " _ Date: �fj /I M41
Gay )��•.` 4
.5v` •iY
ATTEST: -�. pproved As To Form and Legality
Ci y Secreta Trey Qualls
Assistant City Attorney
Contract Compliance Manager:
By signing 1 acknowledge that 1 am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
S
Janie S. Morales
Development Manager
OFFICIAL RECORD
CITY SECRETARY
ROW Encroachment Agreement-Commercial FTPM ORTH, TX
Revised 12/2018
i RM MRS a oil]► a M"41 Wall►
STATtE OF TEXAS
COUNTY OF TARRAtNT
Rf-FORF N[E, the undersigned mltlwlity' ;l N0 1;1r� Puldic in m)d tier Ilre SI'lk, oI,
Iexas, on this dad personally appeared Randle Harwood, krio,��u to me to be the person
WIMSe haute is subset ibed to the luregoing instrument, and acknowledged to me that he
executed the same tirr the purposes mid consideration therein expressed. as the act and
deg-d oCthc ( if) ol'Fol-t Worth• and ill tht" (.�Ipacit% therein "I,lk'd'
( ilVI N IINJWI: MY HA I) AM) OF t )I I (( 1' this L.0_ (Iny OI-
:10 I� .
No
Iv Public ' Due( tip- Ila State >CTe.xas
`�.tiParaLs,� JENNIFER LOUISE EZERNA.CK
n�Notary Public,State of Texas
f, e= Comm.Expires03-01-202U
40;,;.`�`� Notary ID 130561630
Atm. 1-ccol-dim—, roturtl to:
1'I�utrtin` <�- Ih•�IIcrpntrnt
I)e��c•I��pmrnl ('ui�nlin;iliuu OIhcc
'00 rexas street
[ I,rt ��nrlh Ir°tsl� /r,Irl '
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
ROW Encroachment Agreement-Commercial Page 8 of 12
Revised 12/2018
STATE OF TEXAS
COUNTY OF' 'I'ARRA,N]
���I�E ORE iiME, the undersigned authority, a Notary Public in and for the State of
Tf-y. . c'n thiti d ty pertic►n,jll� ,ippe<trc d (elcnn Darden, )/I.►nt►ger (Title) knowu kc�
ine to be the person whose narne is subscribed to the luregoing instrument. and
acknowled-ed to me that Ire or she eXeeuted the sauce for the putposes and consideration
therein ov1wessed, "Is tile, act and deed of First on !`I` I,1', a I ryas limited partuersh►p
((mtit% t%ire). and in HIC capae:it\ tht2rciu stated
IT1VHN IAIW1� �MY III\NI ? AN1) '1I A )1, -'1( I- tht'. � � �.1:►� rat ��(�"
'0 q
/]�\ SHANNON BAILEY
Notary Public in and for the fF L�jO Notary to#4459295
\�Y�/ My Commission Expires
State of o��,E. March 15,2022
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
ROW Encroachment Agreement-Commercial Page 9 of 12
Revised 12/2013
EXHIBIT A
Nlap of Easement and Encroachment
ROW Encroachment Agreement-Commercial Page 10 or 12
Revised 12/2018
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EXHIBIT B
Certificate of Insurance
ROW Encroachment Agreement-Commercial Page I I of 12
Revised 12/2013
EXHIBIT C
Metes and Bounds Legal Description of the 1'ropertti
ROW Encroachment Agreement-Commercial Page 12 of 12
Revised 12/2018
Exhibit C
TRACT 1
RIGHT-OF-WAY ENCROACHMENT
BEING a tract of land situated in the Mitchell Baugh Survey, Abstract No. 106, City of Fort Worth, Tarrant
County, Texas, and being part of Burnett Street (60-foot wide right-of-way) as shown on Page 13 of the
Brookes Baker Map of Fort Worth, Texas, and being more particularly described as follows:
BEGINNING at a point in the northeast right-of-way line of said Burnett Street; from said point the
intersection of said northeast right-of-way line of Burnett Street and the southeast right-of-way line of W
6th Street (60-foot wide right-of-way), and being the northwest corner of Block 104, Original Town of Fort
Worth (unrecorded plat) and shown Page 13 of said Brookes Baker Map bears North 30031'18" West, a
distance of 4.55 feet; from said northwest corner of Block 104 an "X" cut in concrete found bears
North 75051'17"West, a distance of 0.46 feet;
THENCE with said northeast right-of-way line of Burnett Street, South 30'31'18" East, a distance of 15.67
feet to a point for corner; from said point the intersection of said northeast right-of-way line of Burnett
Street and the north right-of-way line of W 7th Street (a variable width right-of-way), and being the
southwest corner of Block 104 of said Original Town of Fort Worth and shown Page 13 of said Brookes
Baker Map bears South 30'31'18" East, a distance of 107.16 feet; from said southwest corner of
Block 104 an "X" cut in concrete found bears South 13000'09"West, a distance of 0.77 feet;
THENCE departing said northeast right-of-way line of Burnett Street, the following courses and distances:
South 59028'42" West, a distance of 4.00 feet to a point for corner;
North 30031'18"West, a distance of 15.67 feet to a point for corner;
North 59028'42" East, a distance of 4.00 feet to the POINT OF BEGINNING and containing 63
square feet or 0.0014 acres of land.
TRACT 2
RIGHT-OF-WAY ENCROACHMENT
BEING a tract of land situated in the Mitchell Baugh Survey, Abstract No. 106, City of Fort Worth, Tarrant
County, Texas, and being part of Burnett Street (60-foot wide right-of-way) as shown on Page 13 of the
Brookes Baker Map of Fort Worth, Texas, and being more particularly described as follows:
BEGINNING at a point in the northeast right-of-way line of said Burnett Street; from said point the
intersection of said northeast right-of-way line of Burnett Street and the southeast right-of-way line of W
6th Street (60-foot wide right-of-way), and being the northwest corner of Block 104, Original Town of Fort
Worth (unrecorded plat) and shown Page 13 of said Brookes Baker Map bears North 30'31'18" West, a
distance of 27.68 feet; from said northwest corner of Block 104 an "X" cut in concrete found bears
North 75051'17"West, a distance of 0.46 feet;
CONTINUED ON SHEET 2 RIGHT-OF-WAY ENCROACHMENT
MITCHELL BAUGH SURVEY,
ABSTRACT NO. 106
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
Kimley* Horn
801 Cherry Street,Unit 11,#1300 Tel.No.(817)3356511
Fort Worth,Texas 76102 FIRM 4 10194040 www.kimley-hom.corn
Scale I Drawn by I Checked by I Date Project No. I Sheet No.
16 N/A JBH MC6 MAY 2019 061303900 1 OF 5
HOPPER.BRADIN 9/3/2019 4:59 PM UFTWFP010ATXPROJECTFTW SURVEY\061303900-500 W 7TH IMP ROVEMENTS\DWG\0613039OC-500 W 7TH IMPROVEMENTS EX ENCR.DWG
Exhibit C
LEGAL DESCRIPTION (CONTINUED)
THENCE with said northeast right-of-way line of Burnett Street, South 30'31'18" East, a distance of 25.33
feet to a point for corner; from said point the intersection of said northeast right-of-way line of Burnett
Street and the north right-of-way line of W 7th Street (a variable width right-of-way), and being the
southwest corner of Block 104 of said Original Town of Fort Worth and shown Page 13 of said Brookes
Baker Map bears South 30e31'18" East, a distance of 74.37 feet; from said southwest corner of
Block 104 an "X" cut in concrete found bears South 13e00'09" West, a distance of 0.77 feet;
THENCE departing said northeast right-of-way line of Burnett Street, the following courses and distances:
South 59e28'42"West, a distance of 4.02 feet to a point for corner;
North 30'31'18"West, a distance of 25.33 feet to a point for corner;
North 59e28'42" East, a distance of 4.02 feet to the POINT OF BEGINNING and containing 102
square feet or 0.0023 acres of land.
TRACT 3
RIGHT-OF-WAY ENCROACHMENT
BEING a tract of land situated in the Mitchell Baugh Survey, Abstract No. 106, City of Fort Worth, Tarrant
County, Texas, and being part of W 6th Street (60-foot wide right-of-way) as shown on Page 13 of the
Brookes Baker Map of Fort Worth, Texas, and being more particularly described as follows:
BEGINNING at a point in the southeast right-of-way line of said W 6th Street; from said point the
intersection of the northeast right-of-way line of Burnett Street (60-foot wide right-of-way) and said
southeast right-of-way line of W 6th Street, and being the northwest corner of Block 104, Original Town of
Fort Worth (unrecorded plat) and shown Page 13 of said Brookes Baker Map bears
South 59e33'53" West, a distance of 1.70 feet; from said northwest corner of Block 104 an "X" cut in
concrete found bears North 75051'17" West, a distance of 0.46 feet;
THENCE departing said southeast right-of-way line of W 6th Street, the following courses and distances:
North 30°26'07" West, a distance of 4.88 feet to a point for corner;
North 59°33'53" East, a distance of 4.15 feet to a point for corner;
North 30e26'07"West, a distance of 1.62 feet to a point for corner;
North 59e33'53" East, a distance of 22.77 feet to a point for corner;
South 30e26'07" East, a distance of 1.62 feet to a point for corner;
North 59e33'53" East, a distance of 6.48 feet to a point for corner;
CONTINUED ON SHEET 3
RIGHT-OF-WAY ENCROACHMENT
MITCHELL BAUGH SURVEY,
ABSTRACT NO. 106
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
Kimley))) Horn
801 Chorry Street,Unit 11,#130 T.I.No.(817)335-6511
Fort Worth,Texas 76102 FIRM#10194040 ~v.kimley-hom.com
Scale Drawn hlL Checked by Cate Project No. Sheet No.
N/A JBH I MCB MAY 2019 061303900 2 OF 5
HOPPER.BRADIN 913120194:59 PM t\FTWFP01\DATAIPROJECT\FTW SURVEYlC61303900500 W 7TH IMPROVEMENTS\DWG\061303900-500 W7TH IMPROVEMENTS EX ENCR.DVVG
Exhibit C
LEGAL DESCRIPTION (CONTINUED)
South 30026'07" East, a distance of 4.88 feet to a point for corner in said southeast right-of-way line
of W 6th Street; from said point the intersection of said southeast right-of-way line of W 6th Street
and the southwest right-of-way line of Lamar Street (60-foot wide right-of-way), and being the
northeast.corner of Block 104 of said Original Town of Fort Worth and shown Page 13 of said
Brookes Baker Map bears North 59°33'53" East, a distance of 164.90 feet; from said northeast
corner of Block 104 an "X" cut in concrete found bears North 83037'57" West, a distance
of 0.37 feet;
THENCE with said southeast right-of-way line of W 6th Street, South 59033'53" West, a distance
of 33.41 feet to the POINT OF BEGINNING and containing 200 square feet or 0.0046 acres of land.
NOTES:
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone
(4202), with an applied combined scale factor of 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 foregoing description
accurately sets out the metes and bounds of the encroachment tracts.
RIGHT-OF-WAY ENCROACHMENT
MITCHELL BAUGH SURVEY,
p� •�F'• TF ABSTRACT NO. 106
MICHAEL C. BILLINGSLEY ��.•' G�STE�O
*, * CITY OF FORT WORTH
REGISTERED PROFESSIONAL TARRANT COUNTY, TEXAS
LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY
801 CHERRY STREET, •••• ........................•••
UNIT 11 SUITE 1300 •'• ,0 6558 P�x•1: Kimley))) Horn
FORT WORTH,TEXAS 76102 �9 ��FESS���'o�•Y `� 801 Cherry Straot,Unit 11,#130 Tel.No.(817)335 6511
PH. 817-335-6511 S U R Fort Worth,Texas 76102 FIRM#10194040 wmv.kimley-hom.com
michael.billingsley@kimley-horn.com sea Drawn by I Checkedbv I Date ProiedNo. I Sheet No,
NIA J8H MCB MAY 2019 1 061303900 1 3 OF 5
1 IOPPF_R.BRADIN 9/3120194:59 PM\\FTWFPOI`DATA\PROJECT\FTW SURVEY1C61303900500 W 7 FH IMPROVEMENTS\DWG\061303900-5C0 W 7TH IMPROVEMENTS EX ENCR.DWG
Exhibit C
L14 (XF
L13 < N 83°37'57"V'J 0.37')
NORTH L11 's W 6TH STREET
0 10 20 L10 rL (60-FOOT WIDE RIGHT-OF-WAY)
"— S59°33'54"W N59°33'53"E
1,70' 164.90'
GRAPHIC SCALE IN FEET (XF P.O.B.LEGEND TRACT 3
N 75'51'17"W 0.46') (TRACT 3)S30°31'18"E P.O.B. 0.0046 ACRES
P.O.B.=POINT OF BEGINNING 4.55' L4 TRACT 1 200 SQ. FT.
XF="X"CUT IN CONCRETE FOUND (TRACT )
\ S30°31'18"E
27.68'
TRACT 1 <0 1 P.O.B.
0.0014 ACRES `� (TRACT 2)
(XF 63 SQ. FT. BLOCK 104
N ss°5a'Sa"W o.a7') ORIGINAL TOWN OF FORT WORTH
(UNRECORDED PLAT)
(REF: BROOKES BAKER MAP OF
TRACT 2 FORT WORTH, TEXAS, PG. 13)
\ 0.0023 ACRES
\ 102 SQ. FT. L6
G O O Po -10
O O Co)
O
ol
Op 0
�J O�
W 7TH STREET \
(A VARIABLE WIDTH
NOTES: RIGHT-OF-WAY) (XF S 59°28'42"W 0.49')
_ (XF S 13°00'09"W 0.77')—�—
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), \\L—
North Central Zone (4202),with an applied combined scale
factor of 1.00012.
A metes and bounds description of even survey date herewith accompanies this survey plat.
The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey plat accurately sets out the metes and bounds of the
encroachment tracts.
RIGHT-OF-WAY ENCROACHMENT
MITCHELL BAUGH SURVEY,
OF ABSTRACT NO. 106
�P ..............
•GISTE
MICHAEL C. BILLINGSLEY �: �� ' S' CITY OF FORT WORTH
REGISTERED PROFESSIONAL
.......................... :.... TARRANT COUNTY, TEXAS
LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY
801 CHERRY STREET, ■
UNIT 11 SUITE 1300 '• ° 6558 Pam.:' Kimley))) Horn
FORT WORTH, TEXAS 76102 �q' 0FESg�O*:'p`�
PH. 817-335-6511 `l 801 Cherry Street,Unit 11,#1300 Tel.No.(817)335-6511
S U R\I Fort worth,Texas 76102 FIRM#10194040 mmkimley-hom.com
michael.billingsley@kimley-horn.com sale 1 Drawn by I Checked by Date ProiectNo. I Sheet No.
1"=20' JBH MCB MAY 2019 061303900 4 OF 5
HOPPER.BRADIN 9/312019 4:59 PM`dFTWFP01\DATAIPROJECT\FTW SURVEY\0613039C0-500 W 7TH IM PROVE MENTS\DWG\C613039005W W 7TH IMPROVEMENTS EX ENCR.DWG
Exhibit C
LINE TABLE
NO. BEARING LENGTH
L1 S30°31*1 WE 15.67'
L2 S59"28'42"W 4.00'
L3 N30°30'24'W 15.67'
L4 N59°28'42"E 4,00'
L5 S30°31'18"E 25.33'
L6 S59°28'42'W 4.02'
L7 N30°31'18"W 25.33'
L8 N59'28'42"E 4.02'
L9 N30°26'07"W 4.88'
L10 N59°33'53"E 4.15'
L11 N30°26'07"W 1.62'
L12 N59°33'53"E 22.77'
L13 S30"26'07"E 1.62'
L14 N59°33'53"E 6.48'
L15 S30"26'07"E 4.88'
L16 S59°33'53"W 33.41'
RIGHT-OF-WAY ENCROACHMENT
MITCHELL BAUGH SURVEY,
ABSTRACT NO. 106
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
Kimley))) Horn
801 Cherry Street,Unit 11,#1300 Tel,No.(817)335-6511
Fart Worth,Texas 76102 FIRM#10194040 vm+v.kimley-hom.com
Scale I Dravrn by I Checked by I Date Project No. Sheet No.
N/A .JBH MCB MAY 2019 061303900 5 OF 5
11 OP PER.BRADIN 9/3/2019 4a9 PM*T1/VFP011DATA�P ROM EC-RFTW SU RVEY10 61 3 0390 0-50 0 W 7TH IMP ROVE ME NTS1DWG106 1 3 0 3 900-5 00 W 7TH IMPROVEMENTS EX ENCR.DWG