HomeMy WebLinkAboutContract 53815 Apr 21,2020 CSC No.53815
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APB 21202�
PUBLIC RIGHT-OF-WAY ENCROACHMENT LICENSE AGREEMENT
COMMERCIAL
Cl cm SECRE ARY H
THIS AGREEMENT is made and entered into by and between (1) 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; (2) 650 South Main
Tenant, LP, a(n) Texas Limited Liability Company ("Licensee"), acting by and through
its duly authorized 650 South Main GP, LLC, its General Partner,; and (3) Ironwood
Crossing Public Facility Corporation, a(n) Texas nonprofit Public Facility Corporation,
("Owner"), owner of the real property located at 650 S. Main St., Fort Worth, Texas
76104("Property"), acting by and through its duly authorized Secretary.
RECITALS
WHEREAS, Licensee, as lessee, and Owner, as lessor, are parties to that certain
Canopy/Signage Encroachment Agreement concerning certain real property owned by
Owner and 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 and Owner, the City will
allow the encroachment under the terms and conditions as set forth in this Agreement.
NOW,THEREFORE, the City, Owner, 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 a canopy
with signage (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
OFFICIAL RECORD
ROW Encroachment Agreement-Commercial aMEMPTARV
Revised
FT.V011%p T
in or on the Public Right-of-Way beyond what is specifically described in the exhibit(s)
attached hereto.
2.
All construction, maintenance, or operation in connection with such
Encroachment, use, or occupancy shall comply and be performed in strict compliance
with this Agreement and with 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 the Director of the Water Department, or their duly authorized
representative. Prior to the construction of the Encroachment, Licensee shall submit all
plans and specifications to the applicable Director or duly authorized representative.
Licensee shall not commence construction of the Encroachment until such approval shall
be indicated in writing by the applicable Director or authorized representative. However,
such approval shall not relieve Licensee of responsibility and liability for concept, design,
and computation in the preparation of such plans and specifications.
3.
Licensee, at no expense to the City, shall make proper provisions for the
relocation and installation of any existing or future utilities affected by such
Encroachment, use, and occupancy, including the securing the approval and consent of
the appropriate utility companies and agencies of the State of Texas and its political
subdivisions. In the event that any installation, reinstallation, relocation, or repair of any
existing or future utility or improvements owned by or constructed by or on behalf of the
public or at public expense is made more costly by virtue of the construction,
maintenance, or existence of the Encroachment and use, Licensee shall pay to City an
additional amount equal to such additional cost as determined by the Director of
Transportation and Public Works or the Director of the Water Department, or their duly
authorized representative.
4.
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. The City shall bear no responsibility or liability for any
damage or disruption or other adverse consequences resulting from the Encroachment
installed by Licensee, but City will make reasonable efforts to minimize such damage.
5.
Upon termination of this Agreement, Licensee shall, at the option of and at no
expense to the City, remove the Encroachment and restore the Public Right-of-Way to a
condition acceptable to the Director of Transportation and Public Works or the Director
of the Water Department, or their duly authorized representative, in accordance with
ROW Encroachment Agreement-Commercial Page 2 of 13
Revised 12/2018
then-existing City specifications. It is understood and agreed to by Licensee and Owner
that if this Agreement terminates and Licensee fails to remove the Encroachment as
directed and restore the Public Right-of-Way, Licensee and Owner hereby give City
permission to remove the Encroachment and any supporting structures and assess a lien
on the Property for the costs expended by the City in taking such actions.
6.
In order to defray all costs of inspection and supervision which the City has
incurred or will incur as a result of the construction, maintenance, inspection or
management of the encroachments and uses provided for by this Agreement, Licensee
agrees to pay to City at the time this Agreement is requested an application fee in the sum
of Five Hundred Dollars ($500.00). Additionally, Licensee agrees to pay a fee in the
amount of $1.44 per square/linear foot of the encroachment area upon execution of this
Agreement and annually thereafter.
7.
The term of this Agreement shall be for thirty (30) years, commencing on the
date this Agreement is executed by City. However, this Agreement may be terminated
upon Licensee's noncompliance with any of the terms of this Agreement. City shall
notify Licensee in writing of any noncompliance and if not cured within thirty (30) days,
this Agreement shall be deemed terminated, unless such noncompliance is not susceptible
to cure within thirty (30) days, in which case this Agreement shall be deemed terminated
in the event that Licensee fails to commence and take such reasonable steps as are
necessary to remedy the noncompliance within thirty (30) days after written notice
specifying the same, or having so commenced, thereafter fails to proceed diligently and
with continuity to remedy same.
8.
It is further understood and agreed between the parties hereto that the Public
Right-of-Way to be used and encroached upon 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 being limited to underground, surface, or overhead communication,
drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public
purpose, whether presently contemplated or not, that the parties agree to negotiate in
good faith in order to accommodate the Encroachment and the public purpose.
9.
ROW Encroachment Agreement-Commercial Page 3 of 13
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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,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION
WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION,
MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE
ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT
CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF
THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND
RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL
LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL
INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY
PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE
ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF
LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES.
10.
While this Agreement is in effect, Licensee agrees to furnish City with a
Certificate of Insurance naming City as certificate holder as proof that is has secured and
paid for a policy of public liability insurance covering all public risks related to the
proposed use and occupancy of public property as located and described in Exhibit A.
The amounts of such insurance shall be not less than
S1,000,000
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
immediately following notice to Licensee of such requirement. Such insurance policy
shall not be canceled or amended without at least thirty(30) days prior written notice to
the Building Official of the City. A copy of such Certificate of Insurance is attached as
"Exhibit B" and incorporated herein for all purposes. Licensee agrees to submit a
similar Certificate of Insurance annually to the City on the anniversary date of the
execution of this Agreement.
Licensee agrees,binds, and obligates itself and its successors and assigns to
maintain and keep in force such public liability insurance at all times during the term of
this Agreement and until the removal of the Encroachment and 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 Agreement-Commercial Page 4 of I3
Revised 12/2018
11.
Licensee agrees to deposit with the City when this Agreement is executed a
sufficient sum of money to be used to pay necessary fees to record this Agreement in the
real property records of Tarrant County, Texas. After being recorded, the original shall
be returned to the City Secretary of the City of Fort Worth.
12.
Licensee agrees to comply fully with all applicable federal, state, and local laws,
statutes, ordinances, codes, and regulations in connection with the construction,
operation, and maintenance of the Encroachment and uses.
13.
Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for
by this Agreement or by any federal, state, or local statute, law, or regulation.
14.
Licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as an officer, agent,
servant, or employee of City, and Licensee shall have exclusive control of and the
exclusive right to control the details of its operations, and all persons performing same,
and shall be solely responsible for the acts and omissions of its officers, agents, servants,
employees, contractors, subcontractors, licensees, and invitees. The doctrine of
respondeat superior shall not apply as between City and Licensee, its officers, agents,
servants, employees, contractors, and subcontractors, and nothing herein shall be
construed as creating a partnership or joint enterprise between City and Licensee.
15.
Licensee agrees and acknowledges that this Agreement is solely for the purpose
of permitting Licensee to construct, maintain, and locate the Encroachment over or within
the Public 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 property in
which a third-party may have an interest. Licensee agrees that it will obtain all necessary
permissions before occupying such property.
16.
In any action brought by the City for the enforcement of the obligations of this
Agreement, City shall be entitled to recover interest and reasonable attorneys' fees.
ROW Encroachment Agreement-Commercial Page 5 of 13
Revised 12/2018
17.
The parties agree that the duties and obligations contained in Section 5 shall
survive the termination of this Agreement.
18.
Licensee covenants and agrees that it will not assign all or any of its rights,
privileges, or duties under this Agreement without the written approval of the City, and
any attempted assignment without such written approval shall be void.
19.
Any cause of action for breach of this Agreement shall be brought in Tarrant
County, Texas. This Agreement shall be governed by the laws of the State of Texas.
20.
This Agreement shall be binding upon the parties hereto and their successors and
assigns.
21.
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument
[SIGNATURES APPEAR ON FOLLOWING PAGE]
ROW Encroachment Agreement-Commercial Page 6 of 13
Revised 12/2018
City: Licensee:
CITY OF FORT WORTH 650 South Main Tenant,LP
By: 650 South Main GP,LLC,
its General Partner
By.DJ Harrell(Apr --
DJ Harrell, Interim Director Name:Cla
Development Services Title: President
Date:Apr 20,2020 Date:__ AL 3/Ac)
Owner:
Ironwood Grassing Public"cilit Corporation
B%jary-Mar
Name et ns
Title: Secretary/Treasurer
y,
Date:r
`•U
ATTEST: ? Approved As To Form and Legality
G�
X �:•. Rate
Matt Murray(Apr 20,202
Mary Kayser,City Secretary Matt Murray,Asst. City Attorney
City Secretary's Office City Attorney's Office
FW BC Sec.3210
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract,including ensuring all performance
and reporting requirements.
Evelyn R erts on behalf of(Apr 14,2020)
Janie S.Morales
ROW Encroachment Agreement-Commercial OWDAV RECOW
vie W8RETARY
FT. WORTH,TX
am III so I R2 9-TIN a 1 1 W 01' 1 1 1
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 DJ Harrell, known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that he executed
the same for the purposes and consideration therein expressed, as the act and deed of the
City of Fort Worth, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 20th day of
April 2020
LAURIE Digitally signed by LAURIE
PEQUENO LEWIS
PEQUENO LEWIS Date:2020.042013:11:38-0500'
Notary Public in and for the State of Texas
o�pRYP( LAURIE PEQUENO LEWIS
r Notary Public
+ + STATE_ OF TEXAS
After recording return to: "�9 P Notary I.D. 132278952
T
Development Services Department FOF My Comm. Exp. Dec. 10, 2023
Contract Management Office
200 Texas Street
Fort Worth, Texas 76102
OFFICIAL RECORL,
b,
CITY SECRETARY i
FT WORTH,TX
ROW Encroachment Agreement-Commercial age 8'f'13"""""
Revised 12/2018
Owner
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 Mary-Margaret Lemons, Secretary/Treasurer,
known to me to be the person whose name is subscribed to the foregoing instrument,
and acknowledged to me that he or she executed the same for the purposes and
consideration therein expressed, as the act and deed of Ironwood Crossing PFC, a Texas
public facility corporation,and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this sth day of April ,
200 200 -
Notary Public in and for the 4Q O�pgY pu
State of TEXAS 2
of
rOFFICIAL��pRYSECWORTH,TX
ROW Encroachment Agreement-Commercial Page 10 of 13
Revised 12/2018
Licensee
STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Clay D. Likover, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he
or she executed the same for the purposes and consideration therein expressed, as the act
and deed of 650 South Main Tenant LP, a Texas limited partnership, and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this d3 °tday of t1w.-cl,
20 aD .
Notary Public in and for the
State of 'T2y_kl; _
JEFFREY PICHETTE
^Notary Public,State of Texas
Comm.Expires 12.06-2023
Notary ID 130461533
0IFF10AL RECORD
C9Ty SECRETARY
o 't4ORl 4�,TX
°.
ROW Encroachment Agreement-Commercial Page 10 of 14
Revised 12/2018
EXHIBIT A
Map of Easement and Encroachment
ROW Encroachment Agreement-Commercial Pagel] of I3
Revised 12/2018
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EXHIBIT "A "
ENCROACHMENT A GREEMEN T
A PART OF SOUTH MAIN STREET
0 ),
SCALE FEET
1"= 40'
PENNSYLVANIA AVENUE POINT OF
(VARIABLE WIDTH PUBLIC RIGHT—OF—WAY) COMMENCING }
(Found "X" cut in concrete) 3
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LOT 1—R-1—R, BLOCK 19—R-1—R m =
TUCKER ADDITION
C.C.D. NO. D219046548 00 O
ZA
o P.R.T.C.T. N a
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g HIGH POINT ON SOUTH MAIN, LP
o C.C.D. NO. D214274101 POINT OF "
D.R.T.C.T. BEGINNING N89'2816 E
3.83
N00'31'44"W S00'31'44"E
16.50' 16.50'
S89'28'16"W
0 63 SQUARE FEET / 0.001 ACRE 3.83'
�o ENCROACHMENT AGREEMENT
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v C.C.D. NO. = COUNTY CLERK'S DOCUMENT NUMBER OF T
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IL: D.R.T.C.T. = DEED RECORDS, TARRANT COUNTY, TEXAS �Pr. 1 5 7 fi�1P' 9
P.R.T.C.T. = PLAT RECORDS, TARRANT COUNTY, TEXAS Cl) r� F4r.J'
A metes and bounds description of STEPHEN R. GLOSUP
Q even date accompanies this drawing. rJ �U .�4
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D U N AWAY
550 Bailey Avenue • Suite 400 • Fort Worth,Texas 76107
m Te1:817.335.1121 PAGE 1 OF 2
o FIRM REGISTRATION 10098100 DUNAWAY JOB NO. B000553.009
DATE: AUGUST 05, 2019
EXHIBIT "A "
ENCROACHMENT A GREEMEN T
A PART OF SOUTH MAIN STREET
PENNSYLVANIA AVENUE POINT OF
(VARIABLE WIDTH PUBLIC RIGHT—OF—WAY) COMMENCING
S00°31'44"E o 40'
(Found "X" cut in concrete) 2,45'
POINT OF SCALE FEET
BEGINNING "= 40'
r
4 SQUARE FEET 3
3 ENCROACHMENT AGREEMENT 1-- o
(SEE DETAIL "A") w
LOT 1—R-1—R, BLOCK 19—R-1—R
Ln
TUCKER ADDITION z c,
C.C.D. NO. D219046548 Q M
P.R.T.C.T. a
IRONWOOD CROSSING PUBLIC
�¢���
w FACILITY CORPORATION S ,�3 O B
a C.C.D. N0. D219099729 y01� 1b `A a
D.R.T.C.T. NJ� �0 <
0 A
3
0
0
0
DETAIL "A"
0
POINT OF
COMMENCING
(Found "X" cut in concrete)
o PROPERTY LINE S00°31'44"E 0 5'
2.45'
POINT OF N89`28'16"E SCALE FEET
BEGINNINGk2.80' "= s'
N00°31'44"W SOO°31'44"E
° 1.50' 1.50'
4 SQUARE FEETS89'28'16"W
ENCROACHMENT AGREEMENT w 2.80'
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C.C.D. NO. = COUNTY CLERK'S DOCUMENT NUMBER
D.R.T.C.T. = DEED RECORDS, TARRANT COUNTY, TEXAS
o P.R.T.C.T. = PLAT RECORDS, TARRANT COUNTY, TEXAS 0
N A aec �gTFR��9
A metes and bounds description of 'Z-
seven date accompanies this drawing.
T STEPHEN R. GLOSUP
5570
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Q p SURv�y
A%z DUNAWAY
550 Bailey Avenue•Suite 400•Fort Worth,Texas 76107
Tel:8 17.335.1121 313 12020 PAGE 1 OF 2
o FIRM REGISTRATION 10098100 DUNAWAY JOB NO. B000553.009
DATE: MARCH 31, 2020
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EXHIBIT B
Certificate of Insurance
ROW Encroachment Agreement-Commercial Page 12 of I3
Revised 12/2018
EXHIBIT C
Metes and Bounds Legal Description of the Property
ROW Encroachment Agreement-Commercial Page 13 of 13
Revised 12/2018
i
EXHIBI T "C"
ENCROA CHMEN T A GREEMEN T
A PART OF SOUTH MAIN STREET
PROPERTY DESCRIPTION
i
BEING a tract of land situated in the Peter T. Welch Survey, Abstract No. 1643, City of Fort Worth, Tarrant
County, Texas, being a portion of South Main Street (a variable width public right—of—way) as shown on the plat
for Tucker Addition, an addition to the City of Fort Worth, according to the plat recorded in County Clerk's
Document Number D219046548, Plat Records, Tarrant County, Texas, said tract of land being more particularly
described by metes and bounds as follows:
COMMENCING at an X—cut in concrete found for the intersection of the south right—of—way line of Pennsylvania
rn Avenue (a variable width right—of—way) and the west right—of—way line of said South Main Street, the northeast
a corner of Lot 1—R-1—R, Block 19—R-1—R, Tucker Addition, an addition to the City of Fort Worth, according to
a) the plat recorded in County Clerk's Document Number D219046548, Plat Records, Tarrant County, Texas;
w South 00'31'44" East, with the west right—of—way line of said South Main Street and the east line of said Lot
1—R-1—R, Block 19—R-1—R, Tucker Addition, a distance of 82.44 feet to the POINT of BEGINNING of herein
U described tract of land;
o THENCE North 89'28'16" East, departing the west right—of—way line of said South Main Street and the east line
§ of said Lot 1—R-1—R, Block 19—R-1—R, Tucker Addition, crossing into said South Main Street, a distance of 3.83
feet to a point;
THENCE South 00'31'44" East, continuing across said South Main Street, a distance of 16.50 feet to a point;
3 THENCE South 89'28'16" West, continuing across said South Main Street, a distance of 3.83 feet to a point in the
o west right—of—way line of said South Main Street and the east line of said Lot 1—R-1—R, Block 19—R-1—R,
8 Tucker Addition;
o THENCE North 00'31'44" West, with the west right—of—way line of said South Main Street and the east line of
z said Lot 1—R-1—R, Block 19—R-1—R, Tucker Addition, a distance of 16.50 feet to the POINT OF BEGINNING and
containing a calculated area of 63 square feet or 0.001 acre of land.
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0
0
0
0
0
o NOTES: The basis of bearings for this agreement is the Texas Coordinate System of 1983, North Central Zone,
0 4202, based upon CPS measurements, according to the CPS Reference Network.
b A drawing of even date accompanies this metes and bounds description.
Q
w The metes and bounds description contained herein was compiled from information contained
in recorded documents and does not reflect the results of an on the ground survey.
a
N DUNAWAY JOB NO. 8000553.009 PAGE 2 OF 2
a
EXHIBIT"A"
Steph . Glosup 0 F
Registered Professional Land Surveyor ;.•••••.• f
a' Texas Registration No.5570 ��.' �s T '•y ENCROACHMENT
srg@dunawayassociates.com `�,e Fa�; AGREEMENT
0 August 05,2019
STEPHEN R. GLQSUP
Z
A PART OF SOUTH MAIN
: 0a �:Q STREET
DUNAWAY • ��5, .•
> SUR14
550 Bailey Avenue •Suite 400 • Fort Worth,Texas 76107
m Tel:817.335.1121 City of Fort Worth
o FIRM REGISTRATION 10098100 Tarrant County Texas
O —
a
EXHIBI T "C"
ENCROACHMENT A GREEMEN T
A PART OF SOUTH MAIN STREET
PROPERTY DESCRIPTION
BEING a tract of land situated in the Peter T. Welch Survey, Abstract No. 1643, City of Fort Worth, Tarrant
County, Texas, being a portion of South Main Street (a variable width public right—of—way) as shown on the plat
for Tucker Addition, an Addition to the City of Fort Worth, according to the plat recorded in County Clerk's
Document Number D219046548, Plat Records, Tarrant County, Texas, said tract of land being more particularly
described by metes and bounds as follows:
COMMENCING at an X—cut in concrete found for the intersection of the south right—of—way line of
Pennsylvania Avenue (a variable width right—of—way) and the west right—of—way line of said South Main
3 Street, the northeast corner of Lot 1—R-1—R, Block 19—R-1—R of said Tucker Addition;
South 0031'44" East, with the west right—of—way line of said South Main Street and the east line of said Lot
1—R-1—R, Block 19—R-1—R, Tucker Addition, a distance of 2.45 feet to the POINT of BEGINNING of herein
described tract of land;
THENCE North 89°28'16" East, departing the west right—of—way line of said South Main Street and the east line
b of said Lot 1—R-1—R, Block 19—R-1—R, Tucker Addition, crossing into said South Main Street, a distance of 2.80
feet to a point;
THENCE South 0031'44" East, continuing across said South Main Street, a distance of 1.50 feet to a point;
THENCE South 89`28'16" West, continuing across said South Main Street, a distance of 2.80 feet to a point in the
west right—of—way line of said South Main Street and the east line of said Lot 1—R-1—R, Block 19—R-1—R,
Tucker Addition;
m
THENCE North 0031'44" West, with the west right—of—way line of said South Main Street and the east line of
3 said Lot 1—R-1—R, Block 19—R-1—R, Tucker Addition, a distance of 1.50 feet to the POINT OF BEGINNING and
containing a calculated area of 4 square feet of land.
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0
T
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0
0
i
0
0
0
0
0
`s NOTES: The basis of bearings for this agreement is the Texas Coordinate System of 1983, North Central Zone,
4202, based upon GPS measurements, according to the GPS Reference Network.
a
A drawing of even date accompanies this metes and bounds description.
The metes and bounds description contained herein was compiled from information contained
— in recorded documents and does not reflect the results of an on the ground survey.
Z
DUNAWAY JOB NO. B000553.009 PAGE 2 OF 2
0
N
O
N EXHIBIT"C"
Stephen K. Glosup 0 F T
P Registered Professional Land Surveyor •ease.
s Texas Registration No. 5570 A, S TERee�9 ENCROACHMENT
srg@dunawayassociates.com U).'•�`` Fo:J' AGREEMENT
March 31, 2020 a •
Z
STEPHEN R. GLOSUP A PART OF SOUTH MAIN
a '� :Ao 5570 �%� STREET
" DUNAWA�/ 9�a•::::::
SUP0
550 Bailey Avenue•Suite 400•Fort Worth,Texas 76107
Tel:817.335.1121 City
o RRM REGISTRATION 10098100 Tarrant
nt County Texas
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