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HomeMy WebLinkAboutContract 54394 Date Received: 09/02/2020 City Secretary Time Received: 3:23 PM Number: 54394 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 9T" AND COMMERCE FORT WORTH, LLC, a(n) limited liability company ("Licensee"), owner of the real property located at 901 COMMERCE STREET, Fort Worth, Texas 76102 ("Property"), acting by and through its duly authorized Vice 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 building canopies, private drainage, bike racks, trash receptacles, fire detector checks and grease trap interceptor (the "Encroachment"). Upon completion of the ROW Encroachment Agreement-Commercial OFFICIAL RECORD Page 1 of 12 Revised 4/2020 CITY SECRETARY FT.WORTH, TX 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. 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. S. 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 ROW Encroachment Agreement-Commercial Page 2 of t2 Revised 4/2020 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. ROW Encroachment Agreement-Commercial Page 3 of 12 Revised 4/2020 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 ROW Encroachment Agreement-Commercial Page 4 of 12 Revised 4/2020 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. 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. ROW Encroachment Agreement-Commercial Page 5 of 12 Revised 412020 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. 17. The parties agree that the duties and obligations contained in Section S 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 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 12 Revised 4/2020 City: Licensee: CITY OF FORT WORTH 9TH AND COMMERCE FORT WORTH, LLC By: DJH (A�g 21,20213 10:04 CDT) a Delaware limited liability company DJ Harrell, Director Development Services Director By: Southern Land Company, LLC, Date: August 21, 2020 a Tennessee limited liability company its managing member By: SLC Holding Company, LLC, a Delaware limited liability company its sole member By:Name: Brian Brian S. Sewell Title: President 444U4n Date: Uk ne- Od pro 9C ATTEST: ono o � =a Approved As To Form and Legality n uEnps�p� `y�U e Mc t ugYdy Matt Murray(Aug( 21,2020 08:27 CDT) 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. 9-2�— (?� Laurie Lewis Interim Development Manager ROW Encroachment Agreement-Commercial OFFICIAL RECORD Page 7 of 12 CITY SECRETARY Revised4/2020 FT.WORTH, TX 1 0 10 1 ' i 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 21stday of August 2020 LAURIE PEQUllN0LE dbyLAURIE RYPG LAURIE PEQUENO LEWIS PEQUENO LEWIS �P e PEQUENO LEWIS Date:2020.08.21 11:45:37 2 Notary Public 05,00, * * STATE OF TEXAS e Notary I.D. 132278952 Notary Public in and for the State of Texas 9�°F� My Comm.Exp.Dec. 10,2023 After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 ROW Encroachment Agreement-Commercial OFFICIAL RECORD Page 8 of 12 Revised 4/2020 CITY SECRETARY FT.WORTH, TX STATE OF e'er- § COUNTY OF Cn § BEFORE ME, the undersigned authority, a Notary Public in and for the State of l oe a this day personally appeared Brian S. Sewell, President of SLC Holding Company, LLC, a Delaware limited liability company, the sole member of Southern Land Company, LLC, a Tennessee limited liability company, the managing member of 9th and Commerce Fort Worth, LLC, a Delaware limited liability company, 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 9TH AND COMMERCE FORT WORTH, LLC, a Delaware limited liability company, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 9.?, daY of:51 , 2020. ��t��,,�,iSCN0��ii Notary Public in and for the .� v��� � O �'' STATEOF R+ State of TENNESSEE NOTARY PUBLIC A. ry�N fR'j O,`gee MY CMUnk" 0S May 20,2024 ROW Encroachment Agreement-Commercial OFFICIAL RECORD Page 9 of 12 CITY SECRETARY Revised4/2020 FT.WORTH, TX EXHIBIT A Map of Easement and Encroachment ROW Encroachment Agreement-Commercial Page 10 of 12 Revised 4/2020 � L) 0 0 0 LL El i "ill ill Ll 1:1 ❑FEII ----------T------------ ........... 'L u ol INN H NONE ---ME I z I 'W 7N77,7oZ7 oIN,— xz RVX31'H-I"DII11`J01101'13 1S3Ob3wwOOWei NVIcA o � S1NM3AMAdWI 1HSI� uaU�N K</�a�lUl 1332i1S 4NV SNIAVd'}J3M3S ),1nu(1 IIV�I3AO U A21HlINHS`2131VM CI�9tld k � p eye - a z o w zoo - ' - - x H Y __ _ U' rc I I \ CALHOP1 STF F T ;I - 74.95' -- I HH o \ 1 p W \ m _ gip_ - co ' K I co n - L - ® ❑ om r " COMMIERCE-SITREET 21 oP p o I ❑ x X x x X X %s m x x x x x < I X x x X x xo o x x x x x xw �x x oIN,— xz SVX31'H-I"�a:a. �.ao��„t" ff�a"3�o�a w • „N a;r��t�oo.�o ��` A21Hl DII11`J01101'13 1S 3ob3wwOO os NVId S1NM3AMAdNI 1HSI� 2EIVM a3SO dMJd 131 NV SNIAV '}3M3SILUH<(AaIUIN -l9ldINHS2131VM OI U k � nw3ww £ $ Y pLLi prc9�ow ate _ _ 3 3 o � _ w F - - j L o a o J @ m o ___ _ I I I I I I CALHOUN STREET 2 - a ❑ _--__ --- - -_- 74.95 - --- I❑ I a W aLim © Q b U o 5 W 8 B K I i H I N Q W I I. O'121 ... Ll 3p m y p w m n o .. w � a ❑ �O ME CoE STREET a s o° X x x I ❑ x x x x x - I X x x x x x x x x ❑ � % x x xo of ox X x I I I x x x xp zm x x x x " x sill, IVX3-1 H-UJ.1A 111.110 11-10 ..... iS 30213111IAOO 106 SiIN31/43AO2JdIAI 1HEC UJOH(((Aalwi 1332J1S(INV SNIAVd'2i M3!S MdVANVS'2131VAA oriend LU LL l—H LU LU 7 71 7 CA EE 19.981S NnoHivD 6 8. 0 2 t '02 00 1z Z' Z. 0 Ell 0 s io z z 2 L-F < t Is z o 3 17 FF- z 5 Is 4-- r F-61 qk F-11 F61 11-61 —------ F-11 P 0 z 0 z ww zJx o 5 19381S gDa3VVWOD z ey 2�2 �2 V E �o a'2'E 'k <5 z z 0 Z I��I - 01 z ft-f Z� ItE L) cD E cn E 30 CN : LL n A C�LHO LIN S TRAEvL, L) --- a) —i� a) STREET U) cm E C, 0 L) S ui n 0 2 a) t t —51 16 H Pw t M 92 o I N" -4- -- ---------- 6D"ERCE STREET EXHIBIT B Certificate of Insurance ROW Encroachment Agreement-Commercial Page 11 of 12 Revised 4/2020 EXHIBIT C Metes and Bounds or Location Description of the Property ROW Encroachment Agreement-Commercial Page 12 of 12 Revised 4/2020 LEGAL DESCRIPTION RIGHT-OF-WAY ENCROACHMENT BEING a 8,756 square foot (0.2010 acre) tract of land situated in the Mitchell Baugh Survey, Abstract No. 106, City of Fort Worth, Tarrant County, Texas; said tracts being part of E 8th Street (a 60-foot wide right-of-way), Commerce Street (an 80-foot wide right-of-way), E 8th Street (a 60-foot wide right-of-way), E 9th Street (a 60-foot wide right-of-way) and Calhoun Street (an 80-foot wide right-of-way); said tracts being more particularly described as follows: BEGINNING at a point at the intersection of the northeast right-of-way line of Commerce Street and the northwest right-of-way line of E 9th Street; THENCE North 59°47'44" East, along the said northwest line of E 9th Street, a distance of 200.00 feet to a "+" cut in concrete found for corner at the intersection of the said northwest line of E 9th Street and the southwest right-of-way line of Calhoun Street; THENCE North 29°53'46" West, along the said southwest line of Calhoun Street, a distance of 74.95 feet to a point for corner; THENCE North 59°38'51" East, departing the said southwest line of Calhoun Street, a distance of 11.52 feet to a point for corner; THENCE South 30'27'29" East, a distance of 90.36 feet to a point for corner; THENCE South 59°29'20"West, a distance of 222.46 feet to a point for corner,- THENCE North 30°31'55"West, a distance of 231.52 feet to a point for corner; THENCE North 59°36'00" East, a distance of 204.25 feet to a point for corner; THENCE South 30'24'00" East, a distance of 5.00 feet to a point for corner; THENCE South 59°36'00"West, a distance of 92.84 feet to a point for corner; THENCE South 30°12'16" East, a distance of 10.33 feet to a point for corner in the southeast right-of-way line of E 8th Street; EXHIBIT "A" RIGHT-OF-WAY ENCROACHMENT MITCHELL BAUGH SURVEY, ABSTRACT NO. 106 CITY OF FORT WORTH TARRANT COUNTY, TEXAS Kimlev))) Horn 801 Cherry Street,Unit 11,4 1300 Tel.No.(817)335-6511 Fort Worth,Texas 76102 FIRM#10194040 www.kimley-horn.com Scale I Drawn by I Checked by Date Project No. I Sheet No. N/A MCB JBH 6/15/2020 064403809 1 OF 3 BILLINGSLEY.MICHAEL 6/15/2020 12:39 PM K:\FTW SURVEY\064403809-COMMERCE RESIDENTIAL\DWG\064403809 901 COMMERCE ENCROACHMENTS.DWG THENCE South 59°47'44"West, along the said southeast line of E 8th Street, a distance of 100.00 feet to a "+" cut in concrete found for at the intersection of the said southeast line of E 8th Street and the said northeast line of Commerce Street; THENCE South 30°12'16" East, along the said northeast line of Commerce Street, a distance of 200.00 feet to the POINT OF BEGINNING and containing 8,756 square feet or 0.2010 acres of land, more or less. LINE TABLE NO. BEARING LENGTH L1 N59°47'44"E 200.00' L2 N29°53'46'W 74.95' L3 N59°38'51"E 11.52' L4 S30°27'29"E 90.36' L5 S59°29'20"W 222.46' L6 N30°31'55'W 231.52' L7 N59°36'00"E 204.25' L8 S30°24'00"E 5.00' L9 S59°36'00"W 92.84' 1-10 S30°24'00"E 10.33' L11 S59°47'44"W 100.00' L12 S30°12'16"E 200.00' 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. EXHIBIT "A" RIGHT-OF-WAY ENCROACHMENT MITCHELL BAUGH SURVEY, PCE.�F..TFL ABSTRACT NO. 106 Co..-.�r,\STET O_.'9� CITY OF FORT WORTH MICHAEL C. BILLINGSLEY . REGISTERED PROFESSIONAL ...• * ' ` TARRANT COUNTY TEXAS LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY 801 CHERRY STREET, ••l........................... ••••• .••• ••.� • �•. Kimlev))) Horn UNIT 11 SUITE 1300 •� ,0 6558 �,;� P_: FORT WORTH, TEXAS 76102 9 ,* S S�� 801 Cherry Street,Unit 11,41300 Tel.No.(817)335-6511 PH. 817-335-6511 ��••S U R v�y Fort Worth,Texas 76102 FIRM#10194040 w .klmlev-horn com michael.billingsley@kimley-horn.com Scale DMCB Checked by Date P6440 80. Sheet No. N/A MCB JBH 6/15/2020 0644D3809 2 OF 3 BILLINGSLEY.MICHAEL 6/15/2020 12:40 PM K:\FTW SURVEY\064403809-COMMERCE RESIDENTIAL\DWG\064403809 901 COMMERCE ENCROACHMENTS.DWG 4/0 LEGEND 0 30 60 E 8TH STREET P.O.B.= POINT OF BEGINNING XF="+"CUT IN CONCRETE FOUND GRAPHIC SCALE IN FEET (A 60-FOOT WIDE RIGHT-OF-WAY) C.M.=CONTROLLING MONUMENT L7 J L9 _ L11 L10 FXF(C.M.) } W U IY o W ; I � � I I vow I I � I I � � I O LD O W It JJ N = LLO J LOT 1 R, BLOCK 116 — — J zM W o ORIGINAL TOWN OF Q z U FORT WORTH _ _ L3 Q z (CAB. B, SL. 3421) O U RIGHT-OF-WAY ENCROACHMENT c.1 0.2010 ACRES J J P.O.B. 8,756 SQ. FT. XF L1 (C.M.) L5 E 9TH STREET (A 60-FOOT WIDE RIGHT-OF-WAY) NOTES 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 this plat of survey accurately sets out the metes and bounds of the encroachment tract. EXHIBIT "A" RIGHT—OF—WAY ENCROACHMENT MITCHELL BAUGH SURVEY, PCE.�F..T of"L ABSTRACT NO. 106 ��:. CITY OF FORT WORTH MICHAEL C. BILLINGSLEY •. REGISTERED PROFESSIONAL' TARRANT COUNTY TEXAS ............................. LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY 801 CHERRY STREET, ••l....................... ••.•• .••• ••.� • �•. Kimlev)) Horn UNIT 11 SUITE 1300 •� ,0 6558 FORT WORTH, TEXAS 76102 9 '�OFE S S\� 801 Cherry Street,Unit 11,41300 Tel.No.(817)335-6511 PH. 817-335-6511 ��.••S U R v�y Fort Worth,Texas 76102 FIRM#10194040 www.klmlev-horn com michael.billingsley@kimley-horn.com Scale I Drawn by I Checked by Date Pro iectNo. I Sheet No. 1"=60' MCB JBH 1 6/15/2020 064403809 3 OF 3 BILLINGSLEY.MICHAEL 6/15/2020 12:41 PM K:\FTW SURVEY\064403809-COMMERCE RESIDENTIAL\DWG\064403809 901 COMMERCE ENCROACHMENTS.DWG