HomeMy WebLinkAboutContract 54157 Date Received: Jul 15,2020 City Secretary
Time Received: 11:57AM Number: 54157
PUBLIC RIGHT-OF-WAY ENCROACHMENT LICENSE AGREEMENT
COMMERCIAL
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
Development Services Department Director, and Fort Worth Heritage MB, LLC, a(n)
limited liability company, ("Licensee"), owner of the real property located at 122 and
124 East Exchange Avenue, Fort Worth, Texas 76164, ("Property"), acting by and
through its duly authorized President.
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
patio tables and seating for an outdoor sidewalk cafe (the "Encroachment"). Upon
completion of the Encroachment, Licensee agrees to be responsible for maintaining the
ROW Encroachment Agreement-Commercial OFFEIClALRECORD
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FT. WORTH,TX
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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.
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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
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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
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
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.
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9.
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
$1,000,000
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
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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.
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i 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.
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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.
E
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. 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 sixty (60) days of such foreclosure or
assignment and assumes all of Licensee's 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.
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 countei parts, each of which shall be
considered an original,but all of which shall constitute one instrument
[SIGNATURES APPEAR ON FOLLOWING PAGE]
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City: Licensee:
CITY Or PORT WORTH *SEE PAGE 8*
ZZ�HA6V&a
By: DJ Harrell(Jul 13,202015:17 CDT)
DJ Harrell,Director
Development Services Department
Date: Jul 13,2020
V:0
ATTEST: *.'. -ilpproved As To Form and Legality
�• Matt Murray(Jul 13,202 5:13 CDT)
t. .
Mary Kayser, City Secretary FWBC Sec. 3210
City Secretary's Office Matthew A. Murray
Assistant City Attorney
Contract Compliance Specialist:
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.
,&tu e& Ezernacrre Yrv�--
Jennifer dernack for(Jul 9,202016: 1 CDT)
Laurie Lewis
Interim Development Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
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LICENSEE:
Fort Worth Heritage NIB, LLC,
a Delaware limited liability company
BY: Fort Worth Heritage Development, LLC,
a Texas limited liability company,
its sole member
BY: Majestic-Stockyards Investor, LLC,
a Delaware! limited liability company,
its managing member
BY: Majestic Realty Co.,
a California corporation,
manager's agent
Edward P. Roski,Jr.
President and Chairman of the Board
Date: .Mj '1 O LV
E
EC®RUETARY
H, TX
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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 DJ Harrell, Director, 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 14 day of
July 20 20
LAURIE Digitally signed byLAURIE �pRYp�� LAURIE PEQUENO LEWIS
PEQUENO LEWIS Notary Public
PEQUENO LEWIS Date:soso.o7.,aog:as:ss-os'oo"
Notary Public in and for the State of Texas N c* STATE OF TEXAS
Notary I.D. 132278952
OF
My Comm. Exp. Dec. 10, 2023
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth,Texas 76102
OFECIAL REM;, _
CPr
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STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
on this day personally appeared Edward P. Roslci,Jr, President 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 Fort Worth Heritage MB, LLC, a limited
liability company,and in the-capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ,
20
str -7T"�-c�{ �
Notary Public in and for the
State of
OFFh_r,jL nEj
CITY WRE7
FT. WORTH. TX i
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached,and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Los Angeles
On July 7th, 2020 before me, Daniella Noel Garcia, Notary Public
(insert name and title of the officer)
personally appeared Edward P. Roski Jr.
who proved to me on the basis of satisfactory evidence to be the person(e)whose name(o is/era r
subscribed to the within instrument and acknowledged to me that he/she"executed the same in
his/hefFtheif authorized capacity(i*, and that by his/hefAheif signature(a}on the instrument the
person(e}, or the entity upon behalf of which the person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
GA
WITNESS my hand and official seal. ' allotaryLLA P bNOE Californl a
<=-m ti; Los Angeles County Z
Z �- D
Commission#2160178
• My Comm.Expires Jul 17.2020
Signature (Seal)
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
EXHIBIT A
Map of Easement and Encroachment
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ROW Encroachment Agreement-Commercial Page 11 of 13
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EXHIBIT B
Certificate of Insurance
ROW Encroachment Agreement-Commercial Page 12 of 13
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Liability Insurance
Endorsement
Policy Penod DECEMBER 13,2019 TO DECEMBER 13,2020
Effective Date DECEMBER 13,2019
Policy Number 3533-36-57 LAO
Insured MAJESTIC REALTY CO
Name of Company FEDERAL INSURANCE COMPANY
Date Issued DECEMBER 9,2019
This Endorsement applies to the following forms:
GENERAL LIABILITY
Under Who Is An Insured,the following provision is added.
Who Is An Insured
Additional Insured- Persons or organizations shown in the Schedule are insureds;but they are insureds only if you are
Scheduled Person obligated pursuant to a contract or agreement to provide them with such insurance as is afforded by
Or Organization this policy.
However,the person or organization is an insured only:
• if and then only to the extent the person or organization is described in the Schedule;
• to the extent such contract or agreement requires the person or organization to be afforded
status as an insured;
• for activities that did not occur,in whole or in part,before the execution of the contract or
agreement;and
• with respect to damages,loss,cost or expense for inj ury or damage to which this insurance
applies.
No person or organization is an insured under this provision:
• that is more specifically identified under any other provision of the Who Is An Insured
section(regardless of any limitation applicable thereto).
• with respect to any assumption of liability(of another person or organization)by them in a
contract or agreement.This limitation does not apply to the liability for damages,loss,cost or
expense for injury or damage,to which this insurance applies,that the person or organization
would have in the absence of such contract or agreement.
Liability Insurance Additional Insured-Scheduled Person Or Organization continued
Form 80-02-2367(Rev.5-07) Endorsement Page 1
Liability Endorsement
(continued)
Under Conditions,the following provision is added to the condition titled Other Insurance.
Conditions
Other Insurance— If you are obligated,pursuant to a contract or agreement,to provide the person or organization
Primary, Noncontributory shown in the Schedule with primary insurance such as is afforded by this policy,then in such case
Insurance— Scheduled this insurance is primary and we will not seek contribution from insurance available to such person
Person Or Organization or organization.
Schedule
Persons or organizations that you are obligated,pursuant to a contract or agreement,to provide with
such insurance as is afforded by this policy.
PERSONS OR ORGANIZATIONS THAT YOU ARE OBLIGATED,PURSUANT
TO WRITTEN CONTRACT OR AGREEMENT BETWEEN YOU AND SUCH PERSON
OR ORGANIZATION,TO PROVIDE WITH SUCH INSURANCE AS IS
AFFORDED BY THIS POLICY;BUT THEY ARE INSUREDS ONLY IF AND
TO THE MINIMUM EXTENT THAT SUCH CONTRACT OR AGREEMENT
REQUIRES THE PERSON OR ORGANIZATION TO BE AFFORDED STATUS
AS INSURED.
HOWEVER,NO PERSON OR ORGANIZATION IA AN INSURED UNDER THIS
PROVISION WHO IS MORE SPECIFICALLY DESCRIBED UNDER ANY
OTHER PROVISION OF THE WHO IS AN INSURED SECTION OF THIS
POLICY(REGARDLESS OF ANY LIMITATION APPLICABLE THERETO).
All other terms and conditions remain unchanged.
Authorized Representative
Liability Insurance Additional Insured-Scheduled Person Or Organization last page
Form 80-02-2367(Rev.5-07) Endorsement Page 2
CHUBB'
Policy Conditions
Endorsement
Policy Period DECEMBER 13,2019 TO DECEMBER 13,2020
Effective Date DECEMBER 13,2019
Policy Number 3533-36-57 LAO
Insured MAJESTIC REALTY CO
Name of Company FEDERAL INSURANCE COMPANY
Date Issued DECEMBER 9,2019
This Endorsement applies to the following forms:
COMMON POLICY CONDITIONS
Under Who Is An insured,the following provision is added.
Conditions
Notice of Cancellation When we cancel this policy we will notify person(s)or organizations(s)shown in the Schedule
To Scheduled Persons at least 30 days(10 days in the event of nonpayment of premium)in advance of the
Or Organizations When cancellation date.
We Cancel
Any failure by us to notify such person(s)or organization(s)will not:
impose any liability or obligation of any kind upon us;or
invalidate such cancellation.
Schedule
Person(s)or Organization(s):
City of Fort Worth
Planning and Development- CFA Office
200 Texas Street
Fort Worth, TX 76102
Policy Conditions Notice of Cancellation To Scheduled Persons Or Organizations continued
Form 80-02-9780(Ed.3-11) Endorsement Pagel
CHUBB
Conditions
(continued)
All other terms and conditions remain unchanged.
authorized Representatives-•
Policy Conditions Notice of Cancellation To Scheduled Persons Or Organizations last page
Form 80-02-9780(Ed.3-11) Endorsement Page 2
EXHIBIT C
Metes and Bounds or Location Description of the Property
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LEGAL DESCRIPTION
RIGHT-OF-WAY ENCROACHMENT
BEING a 1,486 square foot (0.0341 acre) and a 1,538 square foot (0.0353 acre) tract of land situated in the Isaac
Thomas Survey, Abstract No.1526, City of Fort Worth, Tarrant County, Texas; said tracts being part of Exchange
Avenue (a variable width right-of-way); said tracts being more particularly described as follows:
TRACT 1
COMMENCING at a "X" cut found in the south right-of-way line of Exchange Avenue (a variable width right-of-way)
said point being the northeast corner of Lot 2, Block 10A, Fort Worth Stockyards Addition, an addition to the City of
Fort Worth according to the plat recorded in Cabinet A, Slide 1136 of the Plat Records of Tarrant County, Texas;
from which point a "X" cut found in the said south line of Exchange Avenue bears North 89'48'18" East, a distance of
25.00 feet;
THENCE along the said south line of Exchange Avenue, the following three (3)calls:
South 89'48'18"West, a distance of 280.50 feet to a point;
South 00°11'40" East, a distance of 1.58 feet to a point;
South 89°48'20"West, a distance of 9.78 to the POINT OF BEGINNING;
THENCE South 89°48'20"West, continuing along the said south line of Exchange Avenue, a distance of 164.49 feet
to a point for corner;
THENCE North 0°00'00" East, departing the said south line of Exchange Avenue, a distance of 10.00 feet to a point
for corner;
THENCE North 90°00'00" East, a distance of 24.49 feet to a point for corner;
THENCE South 0°00'00"West, a distance of 3.50 feet to a point for corner;
THENCE North 90°00'00" East, a distance of 10.50 feet to a point for corner;
THENCE North 0°00'00" East, a distance of 3.50 feet to a point for corner;
THENCE North 90°00'00" East, a distance of 38.00 feet to a point for corner;
THENCE South 0°00'00"West, a distance of 5.50 feet to a point for corner;
THENCE North 90°00'00" East, a distance of 7.50 feet to a point for corner;
THENCE North 0°00'00" East, a distance of 5.50 feet to a point for corner;
THENCE North 90°00'00" East, a distance of 41.00 feet to a point for corner;
THENCE South 0°00'00"West, a distance of 3.50 feet to a point for corner;
THENCE North 90°00'00" East, a distance of 8.50 feet to a point for corner;
THENCE North 0°00'00" East, a distance of 3.50 feet to a point for corner;
THENCE North 90°00'00" East, a distance of 30.50 feet to a point for corner;
THENCE South 0°00'00"West, a distance of 3.00 feet to a point for corner;
THENCE North 90°00'00" East, a distance of 4.00 feet to a point for corner;
THENCE South 0°00'00" West, a distance of 6.48 feet to the POINT OF BEGINNING and containing 1,486 square
feet or 0.0341 acres of land, more or less.
RIGHT-OF-WAY ENCROACHMENT
ISAAC THOMAS SURVEY,
ABSTRACT NO. 1526
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
Kimley* Horn
801 Cherry Street,Unit 11,#1300 Tel.No.(817)335-6511
Fort Worth,Texas 76102 FIRM#10194040 w .kimley-horn.com
Scale I Drawn by I Checked by Date Pro act No. I Sheet No.
N/A COP MCB 6/29/2020 061281300 1 OF 4
BILLINGSLEY,MICHAEL 6/29/2020 7:10 PM K:\FTW_SURVEY\061281300-STOCKYARDS 2\DWG\061281300 STOCKYARDS_ENCROACHMENT.DWG
TRACT 2
COMMENCING at a "X" cut found in the south right-of-way line of Exchange Avenue (a variable width right-of-way)
said point being the northeast corner of said Lot 2; from which point a "X" cut found in the said south line of Exchange
Avenue bears North 89°48'18" East, a distance of 25.00 feet;
THENCE South 89'48'18"West, along the said south line of Exchange Avenue, a distance of 14.60 feet to the
POINT OF BEGINNING;
THENCE South 89*48'18"West, continuing along the said south line of Exchange Avenue, a distance of 192.50 feet
to a point for corner;
THENCE North 0°00'00" East, departing the said south line of Exchange Avenue, a distance of 8.00 feet to a point
for corner;
THENCE North 90°00'00" East, a distance of 7.50 feet to a point for corner;
THENCE South 0°00'00"West, a distance of 3.50 feet to a point for corner;
THENCE North 90°00'00" East, a distance of 7.50 feet to a point for corner;
THENCE North 0°00'00" East, a distance of 4.00 feet to a point for corner;
THENCE North 90°00'00" East, a distance of 38.50 feet to a point for corner;
THENCE South 0°00'00"West, a distance of 3.50 feet to a point for corner;
THENCE North 90°00'00" East, a distance of 7.00 feet to a point for corner;
THENCE North 0°00'00" East, a distance of 3.50 feet to a point for corner;
THENCE North 89'17'02" East, a distance of 40.00 feet to a point for corner;
THENCE South 0°00'00"West, a distance of 3.50 feet to a point for corner;
THENCE North 90°00'00" East, a distance of 7.50 feet to a point for corner;
THENCE North 0°00'00" East, a distance of 3.53 feet to a point for corner;
THENCE North 90°00'00" East, a distance of 42.50 feet to a point for corner;
THENCE South 0°00'00"West, a distance of 3.50 feet to a point for corner;
THENCE North 90°00'00" East, a distance of 7.50 feet to a point for corner;
THENCE North 0°00'00" East, a distance of 4.00 feet to a point for corner;
THENCE North 90°00'00" East, a distance of 34.50 feet to a point for corner;
THENCE South 0°00'00"West, a distance of 8.87 feet to the POINT OF BEGINNING and containing 1,538 square
feet or 0.0353 acres of land, more or less.
NOTES
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202). A
survey plat of even survey date herewith accompanies this metes & 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 ISAAC THOMAS SURVEY,
ABSTRACT NO. 1526
MICHAEL C. BILLINGSLEY �' `r CITY OF FORT WORTH
REGISTERED PROFESSIONAL ...............................
LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY TARRANT COUNTY, TEXAS
l 801 CHERRY STREET, ' "" "' ""'�"
UNIT 11 SUITE 1300 "
0� 6558 P� Kimlev* Horn
q ''•o .••''o
FORT WORTH, TEXAS 76102 ,�, f E• •S S�� y 801 Cherry Street,Unit 11,#1300 Tel.No.(817)336-6611
PH. 817-335-6511 8•U.R'� Fort Worth,Texas 76102 FIRM#10194040 www.kimley-horn.com
Scale I Drawn by I Checked by Data Proiect No. I Sheet No.
michael.billingsley@kimley-horn.com N/A CDP MCB 6/29/2020 061281300 20F4
BILLINGSLEY,MICH7 EL 6/29/2020 7:11 PM K:\FTW_SURVEY\061281300-STOCKYARDS 2\DWG\061 2 81 30 0 STOCKYARDS_ENCROACHMENT.DWG
NORTH
° 25 50 EXCHANGE AVENUE
(A VARIABLE WIDTH RIGHT-OF-WAY) P.O.C.
GRAPHIC SCALE IN FEET
L6 L10 L14 L17 "x"CUT FND 2e o0 81s E
L4 L8 L12 L16 (c.M.)
L3 L7 L11 L15 1.58'So"I ao E "C CUT FND
1.58'SO" CM)
J /
S89'4 18"W 280.50'
L5 Lg L1 L13
TRACT 1J L18 9.78' '2o°w
9.78'
ENCROACHMENT P.O.B.
0.0341 ACRES
o
1,486 SQ. FT. I CD c
LOT 1, BLOCK 10A U O Q J
FORT WORTH 0 o U)
STOCKYARDS ADDITION 0° E-
(CAB. A, SL. 1136) I O @ Q I _
LL
TRACT 3 I UO U z0
FORT WORTH HERITAGE 1—
DEVELOPMENT, LLC w o =
0 CO
(INST. NO. D215200242) O N p
u- Y rn
o I O v 0
= w � I < 03
QI=-
a- - a � >-
D_ 0
� 0 _Jz O � UU
w � O �.
o0z
NOTES
I I
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202). A
metes & bounds description of even survey date herewith accompanies this survey plat.
The undersigned, Registered Professional Land Surveyor, hereby certifies that the plat of survey accurately
sets out the metes and bounds of the encroachment tract described.
RIGHT-OF-WAY ENCROACHMENT
�� OF TF� ISAAC THOMAS SURVEY,
�P•�GIS TE�O-•''•9CS�
MICHAEL C. BILLINGSLEY %�' ABSTRACT NO. 1526
REGISTERED PROFESSIONAL .*'.......................*. CITY OF FORT WORTH
LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY TARRANT COUNTY, TEXAS
801 CHERRY STREET, "'•...........................58
UNIT 11 SUITE 1300 l.;0 6558 C�P\,2
FORT WORTH, TEXAS 76102 qy .:`ESS��.•�o Kimlev* Horn
PH. 817-335-6511 8 U R� 801 Cherry Street,Unit 11,#1300 Tel.No.(817)335-6511
michael.billingsley@kimley-horn.com Fort Worlh,Texas 76102 FIRM#10194040 www.kimley-horn.com
Scale I Drawn by I Checked by I Date Proiect No. Sheet No.
1"=50' COP MCB 6/29/2020 061281300 3 OF 4
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NORTH
EXCHANGE AVENUE 0 25 50
(A VARIABLE WIDTH RIGHT-OF-WAY) P.0.
0.
L30 L35
L22 L26 L31 L34 L36 N89°48'18"E GRAPHIC SCALE IN FEET
L21 L24 L28 L32 L38 25.00'
L25 L29 L33 L37 "x"CUT FND
L20 (C.M.)
L19
L23 L27 P.O.B.
TRACT 2 N89°414 60'
ENCROACHMENT "x"CUTFND
0.0353 ACRES (C.M.)
1,538 SQ. FT.
LOT 2, BLOCK 10A
FORT WORTH STOCKYARDS ADDITION
(CAB. A, SL. 1136)
TRACT 2
FORT WORTH HERITAGE
DEVELOPMENT, LLC
(INST. NO. D215200242) PART OF
LINE TABLE LINE TABLE LOT 4, BLOCK 10A
NO. BEARING LENGTH NO. BEARING LENGTH I FORT WORTH
STOCKYARDS ADDITION
L1 S89°48'20"W 164.49' L20 N00°00'00"E 8.00, I (CAB. A, SL. 9136)
L2 N00°00'00"E 10.04' L21 N90°00'00"E 7.50'
13 N90°00'00"E 24.49' L22 S00°00'00"E 3.50'
L4 S00°00'00"E 3.50' L23 N90°00'00"E 7.50'
L5 N90°00'00"E 10.50' L24 N00°00'00"E 4.00'
L6 N00°00'00"E 3.50' L25 N90°00'00"E 38.50'
L7 N90°00'00"E 38.00' L26 S00°00'00"E 3.50'
L8 S00°00'00"E 5.50' L27 N90°00'00"E 7.00'
L9 N90°00'00"E 7.50' L28 N00°00'00"E 3.50'
L10 N00°00'00"E 5.50' L29 N89°17'02"E 40.00'
L11 N90°00'00"E 41.00' L30 S00°00'00"E 3.50'
L12 Soo°00'00"E 3.50' L31 N90°00'00"E 7.50' RIGHT-OF-WAY ENCROACHMENT
L13 N90°00'00"E 8.50' L32 N00°00'00"E 3.53' ISAAC THOMAS SURVEY,
L14 N00°00'00"E 3.50' L33 N90°00'00"E 42.50' ABSTRACT NO. 1526
L15 N90°00'00"E 30.50' L34 S00°00'00"E 3.50' CITY OF FORT WORTH
L16 Soo°00'00"E 3.00' L35 N90°00'00"E 7.50' TARRANT COUNTY, TEXAS
L17 I N90°00'00"E 4.00' L36 N00°00'00"E 4.00' Kimlev))) Horn
L18 S00°00'00"E 6.48' L37 N90°00'00"E 34.50'
801 Cherry Street,Unit 11,#1300 Af Tel.No.(817)335-6511
L19 S89°48'18"W 192.50' L38 S00°00'00"E 8.87' Fort Worth,Texas 76102 FIRM#10194040 w .kimley-horn.com
Scale I Drawn by I Checked by Date I Proiect No. Sheet No.
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