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HomeMy WebLinkAboutContract 54994 Date Received: 12/08/20 City Secretary Time Received: 8:50 AM Number:54994 EASEMENT 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 Director, and Cromwell Marine Creek, LLC, a Texas Limited Liability Comapny ("Licensee"), owner of the real property located at 5900 Cromwell- Marine Creek Road, Fort Worth, Texas 76179 ("Property"), acting by and through its duly authorized Managing Member. 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 Drainage easement (the "Easement") in 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/or maintain certain improvements which will encroach in, on, above, or below the City's Easement; 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 the 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 Easement as described in and at the location shown on Exhibit A, but only to the extent shown thereon, for the purpose of fencing (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be OFFICIAL RECORD Easement Encroachment Agreement-Commercial CITY SECRETARY Page 1 of 12 Revised 4/2020 FT. WORTH, TX responsible for maintaining the Encroachment within the Easement. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on City's Easement beyond what is specifically described in the exhibit(s) attached hereto. 2. All construction, maintenance, or operation in connection with such Encroachment, use, and 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 andspecif cations.— - -- -- 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 securing the approval and consent of the appropriate utility companies and agencies of the State and its political subdivisions. In the event that any installation, reinstallation, relocation, or repair of any existing or future utility or improvements owned by 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 the City an additional amount equal to such additional cost as reasonably 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 the 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 the City will make reasonable efforts to minimize such damage. 5. Easement Encroachment Agreement-Commercial Page 2 of 12 Revised 4/2020 Upon termination of this Agreement, Licensee shall, at the option of and at no expense to the City, remove the Encroachment and restore the Easement 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 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 Easement, Licensee hereby gives the 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 of in the sum of Five Hundred Dollars ($500.00). 7. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by the 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 Easement to be used and encroached upon is held by City as trustee for the public; that City exercises such powers over the Easement 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 Easement 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 Easement to be used for any other public purpose that does not preclude the use of the Encroachment on the Property, 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 Easement Encroachment Agreement-Commercial Page 3 of 12 Revised 4/2020 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 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 HIND 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 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 it has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and described in Exhibit A. The amounts of such insurance shall be not less than $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. Easement Encroachment Agreement-Commercial Page 4 of 12 Revised 4/2020 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 Easement. 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 Easement and is not a conveyance of any right, title, or interest in or to the Easement, 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. Easement Encroachment Agreement-Commercial Page 5 of 12 Revised 4/2020 16. In any action brought by the City for the enforcement of the obligations of the Licensee,the City shall be entitled to recover interest and reasonable attorneys' fees. 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 counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. Easement Encroachment Agreement-Commercial Page 6 of 12 Revised 4/2020 City: Licensee: CITY OF FORT WORTH Cromwell Marine Creek, LLC b 9 H?�-Pwj, ` By DJHarrell(Dec7,20201227CST) By: h � � • ��C I� 1 DJ Harrell, Director Name: Kashyap Thakka — Development Services Department Title: Managing Member Date: 12-7-2020 Date: Z By: Name: Title: Date: gdpn4UnIl� ATTEST: A moo° °�p�d� Approved As To Form and Legality Pv° =0 o ° 0 o d 0 d as° °°° 5°qp� ��nExAao- for Ronald P. Gonzales for Ronald P.Gonzales(Dec 7,2020 15:01 CST) Mary Kayser, City Secretary FWBC Sec. 3210 City Secretary's Office Matthew A. Murray, Assistant City Attorney City Secretary's Office Contract Compliance Specialist: Ry signing I acknowledge that I am the person Responsible for the monitoring and administration Of this contract, including ensuring all performance And reporting requirements. ,7P,{�/�Pv E�P�h��lroh bPhia��T Jennifer Ezernack on behalf of(sec 4,24201313 CR) Janie Morales Development Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Easement Encroachment Agreement-Commercial Page 7 of 12 Revised 4/2020 ' • 1 ' 1 1 ' 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 D.J. 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 7th day of December 20 20 LAURIE Digitally signed byLAURIE �PRYPv LAURIE PEQUENO LEWIS PEQUENO LEWIS i0� Notary Public PEQUENO LEWIS Date:2020.12.0712:45:17 + * STATE OF TEXAS -06'00' NT GV P Notary I.D. 132278952 Notary Public in and for the State of Texas My Comm.Exp. Dec. 10,2023 After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Easement Encroachment Agreement-Commercial Page 8 of 12 Revised 4/2020 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 Kashyap Thakkar, Managing Member (Title) 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 Cromwell Marine Creek, LLC, a Texas Limited Liability Company (entity type), and in the capacity therein stated. GIVEN UNDER MY IIAND AN ID SEAL: OF OFFICE this 1OLday of/ 00., - - - — 20 . RACHEL RIMA a r Notary ID#129048500 4 My Commission Expires 4Teo tE+ Notary Public in and for the February 1, 2023 State of Texas OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Fasement Fncroachinent Agreement-Commercial Page 9 of 12 Revised 412020 EXHIBIT A Map of Easement and Encroachment Easement Encroachment Agreement-Commercial Page 10 of 12 Revised 4/2020 _ L EXHIBIT "All as R 71 TWILIGHT C[KaE sa R.o.w / 100 0 100 200 1" = 200' Basis of bearing derived 24 I �' I 22 I 21 I I 21 ` from the State Plane LOTS 1-24, BLOCK A, LOTS 1-8, BLOCK B, I Coordinate System, Texas AND LOTS 1-8, BLOCK C, MARINE CREEK HILLS I North Central Zone 4202, a REPLAT of PART of BLOCK 17, North American Datum of MARINE CREEK HILLS, PHASE 1, SECTION 1 I 1983, (2011). CAB. A, SLIDE 4405 PRTCT I L I — -1 5heets ❑ Y Y Y Y T Y Y � 2_3 Proposed Fence � II Private Drainage & Maintenance Esmt. „I fi Vol. 13168, Pg. 295 DRTCT p Sheets „ 4-5 z __ I ~I JZK _F--� rn Remainder Block 17 1, Proposed 15' Drainage Esmt. L MARINE CREEK HILLS ADDITION I w (!) I PHASE 1, SECTION 1 I I JheC�/t6 5' Util. Esmt. •I Z`2 6-/ a Vol. 388-196, Pg. 63 IrnTf Sheets PRTCT —+ F 8-9 - FOC10-11 b c Sheets Proposed 15' Drainage Esmt. „I Y�I Proposed Storm Sewer -11 II Temporary Drainage Esmt Vol. 9236, Pg. 68 DRTCT (to be Abandoned by Plat) 12`13 �\ Proposed 15' Drainage Esmt. L - - - - - - - J 20' x 20' Public Open Space Restriction GKOMWELL-MARINE GREEK RD. (per plot; Vol. 388-196, Pg. 63 PRTCT) 110'R.o.w. PAGE I OF 13 IVSPIARS EASEMENT ENCROACHMENTS - VICINITY MAP ENGINEERING &SURVEYING PROPOSED LOT IR BLOCK 17 765 Luster Road,Suite 100 Plano,Tx75075 1 972.422.0077 7 Tn:CF2 k '©LP511o.F1°°49,°° y`•`•�s 1a1S00 b MARINE CREEK HILLS ADDITION Drawn: Checked: Date Job No. use I OJe 11/17/20 18-169 1 CITY OF FORT WORTH, TEXAS Dux'%ny:y:\201t7 jobs\10-769 rrgrine creek daycare\18-169 En<roachrrrents Eahiats.dxg S—d BY Vyub—r S-.Ilene: 11/1//2020 3:50:25 PM Platted by:vgutierrez Plot Date; 11/17/2020 3:54 PM EXHIBIT B Certificate of Insurance Easement Encroachment Agreement-Commercial Page 11 of 12 Revised 4/2020 EXHIBIT C Metes and Bounds or Location Description of the Property I Easement Encroachment Agreement-Commercial Page 12 of 12 Revised 4/2020 METES & BOUNDS DESCRIPTION - ENCROACHMENT 1 BEING a tract of land situated in the A. Roberts Survey, Abstract No. 1262, City of Fort Worth, Tarrant County, Texas, being a portion of the remainder of Block 17, of the Final Plat of Block 17, Marine Creek Hills, Phase I, Section I according to the plat recorded in Volume 388-196, Page 63 of the Plat Records, Tarrant County, Texas (PRTCT), with the subject tract being more particularly described as follows: BEGINNING at a point from which a 1/2" iron rod found for the northwest corner of said remainder and being on the east line of Bob Hanger Street, a called 60 foot right—of—way, and also being the southwest corner of Lot 24, Block A, Marine Creek Hills, according to the plot recorded in Cabinet A, Slide 4405 PRTCT, bears N 88°50'05" W, 190.73 feet; THENCE N 89'57'50" E, 20.88 feet to a point from which a 1/2" iron rod found for the northeast corner of said remainder, the southeast corner of Lot 19, Block A, Marine Creek Hills, and also being on the west line of Lot 20, Block 18, Marine Creek Hills Phase 1 , Section 1 , according to the plat recorded in Volume 388-196, Page 40 PRTCT, bears N 88°44'20" E, 187.09 feet; THENCE S 00'20'17" E, 2.00 feet; THENCE S 89°57'50" W, 14.00 feet; THENCE S 00*20'13" E, 6.99 feet; THENCE N 60°27'48" W, 2.31 feet; THENCE N 00*20'13" W, 5.85 feet; THENCE S 89'57'50" W, 6.19 feet; THENCE N 32°55'30" E, 2.38 feet to the POINT OF BEGINNING with the subject tract containing 56 square feet of land. OF PAGE 2 OF 13 DARREN K. BROWN IVSPIARS DRAINAGE EASEMENT ENCROACHMENT 1 <y� Ess()\"- ENGINEERING&SURVEYING PROPOSED LOT 1R BLOCK 17 S UR`I 765 Custer Road,5vi[e 100 - Plano,)(75075 • 97Z4220077 TBPENo F2121 • TBLPSNo.P-00043100 • v .Sp . .mm MARINE CREEK HILLS ADDITION ([� Drawn: Checked: Date Job No. y.�•� VSc I DJe >>/17/2o I is—o6s CITY OF FORT WORTH, TEXAS DARREN K.BROWN,R.P.L.S.5252 )rowing:g:\2018 jabs\18-169 momie creek day—\18-169 Escrooch—,U Y&e.d�g S-od By.Vkj,& ez So.tio— 11/17/2020 3:5Z44 FM Plotted by:vgutte+rez Plot Date: 11/17/2020 3:54 PM 1 O R T 5 0 5 10 LOTS 1-24, BLOCK A, LOTS 1-8, BLOCK B, AND LOTS 1-8, BLOCK C, MARINE CREEK HILLS 1" = 10, a REPLAT of PART of BLOCK 17, MARINE CREEK HILLS, PHASE 1, SECTION 1 Basis of bearing derived CAB. A, SLIDE 4405 PRTCT I from the State Plane Coordinate System, Texas North Central Zone 4202, North American Datum of 1983, (2011). — /-------------------- —---------------- POINT OF / — — BEGINNING i N 89'57'50" E 20.88' N 32'S5'.3 E 2.3ig i S 89'57'50" W 14.00' S 00'20'17" E N 2,00' S 89'57'50" W 6.19'.\ S 00'20'13" E7� 6.99' I N 00'20'13� W 5.85, ` Drainage Easement N 60'2748" W 2.31' i Encroachment I 56 S.F. Remainder Block 17 I / I MARINE CREEK HILLS ADDITION PHASE 1, SECTION 1 //I I / I I Proposed 15' Drainage Esmt. I I / I I r I I 1 I I I I I I I I 1 I I 1 I I I I Private Drainage & Maintenance Esmt. Vol. 13168, Pg. 295 PRTCT LEGEND a F —— P /111 ROPOSED DRAINAGE EASEMENT j j `P��`S rERFFf —————— PRIVATE DRAINAGE&MAINTENANCE ESMT. I * 0 9 I I —— PROPERTY LINE ; PAGE 3 OF 13 DARREN K. BROWN PIARS A 5252 IVS DRAINAGE EASEMENT ENCROACIiMENT 1 <9 �0FESS\�� >� �' ENGINEERING&SURVEYING PROPOSED LOT 1R, BLOCK 17 SUR\J� 765 Custer Road,Suite 100 - Plano,TX75075 • 972.4220077 TBPENo F2121 • TBLPSNo.F-.10043100 • ww s lame .com MARINE CREEK HILLS ADDITION Drawn: Checked:I I Date I Job No. VSC DJB 1 111/17/20118-069 CITY OF FORT WORTH, TEXAS DARREN K. BROWN,R.P.L.S.5252 D,.W g:g:\2018 jobs\18-169 r-n-creek day—\18-169 Enrsaochma+ts AW.dng Saved By.VgWI¢rrez Sava Time: 11/17/7020 3.52:44 PM Platted by:vg,ati....z Plot Me: 11/17/2020 3:54 PM. METES & BOUNDS DESCRIPTION - ENCROACHMENT 2 BEING a tract of land situated in the A. Roberts Survey, Abstract No. 1262, City of Fort Worth, Tarrant County, Texas, being a portion of the remainder of Block 17, of the Final Plat of Block 17, Marine Creek Hills, Phase I, Section I according to the plat recorded in Volume 388-196, Page 63 of the Plat Records, Tarrant County, Texas (PRTCT), with the subject tract being more particularly described as follows: BEGINNING at a point from which a 1/2" iron rod found for the northwest corner of said remainder and being on the east line of Bob Hanger Street, a called 60 foot right—of—way, and also being the southwest corner of Lot 24, Block A, Marine Creek Hills, according to the plat recorded in Cabinet A, Slide 4405 PRTCT, bears N 74'19'09" W, 204.48 feet; THENCE S 60'20'17" E, 7.22 feet to a point from which a 1/2" iron rod found for the northeast corner of said remainder, the southeast corner of Lot 19, Block A, Marine Creek Hills, and also being on the west line of Lot 20, Block 18, Marine Creek Hills Phase 1 , Section 1 , according to the plat recorded in Volume 388-196, Page 40 PRTCT, bears N 73'10'49" E, 204.21 feet; THENCE S 00'20'19" E, 3.46 feet; THENCE N 60'20'17" W, 7.22 feet; THENCE N 00'20'17" W, 3.46 feet to the POINT OF BEGINNING with the subject tract containing 22 square feet of land. OF �Q STeR�F� o PAGE 4 OF 13 DARREN K. BROWN IVSPIARS v DRAINAGE EASEMENT ENCROACHMENT 2 �y �oF ss o��o ENGINEERING&SURVEYING PROPOSED LOT IR, BLOCK 17 S UR`I 765 Custer Road,Suite Io0 • Plano,rX75075 • 972.4220077 WE NOFck �tPSNaF,oD43,0D ,�,��,.s 7d7=e b MARINE CREEK HILLS ADDITION Drawn: Checked: Date Job No. VSC I DJB 1 11/17/20 18-069 CITY OF FORT WORTH, TEXAS DARREN K.BROWN,R.P.L.S.5252 Drawing:g:\2018 jobs\16-164—6-—k doy—\18-169 Enuoachroents M&ffidvy Sowed By:Vguti— Swe Time:11/17/2021) 3:522:44 PM Plotted by:vgutierraz Plot Date: 17/17/2020 3:54 PM / I _J I , I I 5 0 5 10 / I I 1» = 10' Basis of bearing derived I I I from the State Plane 1 I I 1 I I Coordinate System, Texas I I I North Central Zone 4202, I I I North American Datum of 1983, (2011). Private Drainage & Maintenance Esmt. I Vol. 13168, Pg. 295 PRTCT I i i I I I I I I POINT OF BEGINNING I I 1 I I I I I I N 00720'17" W 3.46'� S 60'20'17 E 7.22' , I , ' I Drainage Easelileaa�lt I � I ` Encroachment 2 i S 00'20'19" E - 3.46' ` 22 S.F. i N 60'20'17" W — ).22' Remainder Block 17 MARINE CREEK HILLS ADDITION PHASE 1, SECTION 1 I I I I I I I I I I I I I I I I Proposed 15' I Drainage Esmt. I I I I I I I I I I I I I I I I I I I I I I I LEGEND of T — — PROPOSED DRAINAGE EASEMENT �P��\S T ERF —————— PRIVATE DRAINAGE&MAINTENANCE ESMT. o LP PROPERTY— — PROPERTY LINE ; PAGE 5 OF 13 DARREN K. BROWN � � 5252IVSPIARSDRAINAGE EASEMENT ENCROACHMENT 2 °FEssl0 ENGINEERING &SURVEYING PROPOSED LOT IR, BLOCK 17 S U 765 Custer Road,Sulte 100 • Plano WSQ75 • 972A220077 Drawn: Checked: Tetrsrlo.Ftoaa3lao Dates Job No. MARINE CREEK HILLS ADDITION VSC WB 11/17/20 18-069 CITY OF FORT WORTH, TEXAS DARREN K.BROWN,R.P.L.S.5252 Dm,v g:g:\2018 iobs\18-169—,i-week doy—\I8-169 E---h—ts N&B.dwg S—d By,Vgutie— S—lime: 11/17/2020 3:5Z44 Pal Plotted by:vgutierrez Plot Date: 11/17/2020 3:54 PM METES & BOUNDS DESCRIPTION - ENCROACHMENT 3 BEING a tract of land situated in the A. Roberts Survey, Abstract No. 1262, City of Fort Worth, Tarrant County, Texas, being a portion of the remainder of Block 17, of the Final Plot of Block 17, Marine Creek Hills, Phase I, Section I according to the plat recorded in Volume 388-196, Page 63 of the Plat Records, Tarrant County, Texas (PRTCT), with the subject tract being more particularly described as follows: BEGINNING at a point from which a 1/2" iron rod found for the northwest corner of said remainder and being on the east line of Bob Hanger Street, a called 60 foot right—of—way, and also being the southwest corner of Lot 24, Block A, Marine Creek Hills, according to the plat recorded in Cabinet A, Slide 4405 PRTCT, bears N 56'42'05" W, 236.07 feet; THENCE N 89'39'47" E, 15.00 feet to a point from which a 1/2" iron rod found for the northeast corner of said remainder, the southeast corner of Lot 19, Block A, Marine Creek Hills, and also being on the west line of Lot 20, Block 18, Marine Creek Hills Phase 1 , Section 1 , according to the plat recorded in Volume 388-196, Page 40 PRTCT, bears N 55'08'32" E, 227.05 feet; THENCE S 00'20'17" E, 2.00 feet; THENCE S 89'39'47" W, 15.00 feet; THENCE N 00'20'17" W, 2.00 feet to the POINT OF BEGINNING with the subject tract containing 30 square feet of land. p OF T `S TERF�f � o v PAGE 6 OF 13 DARREN K. BROWN IVSPIARS A ESS DRAINAGE EASEMENT ENCROACHMENT 3 <9 ��FES 2 L0 ENGINEERING &SURVEYING PROPOSED LOT 1R, BLOCK 17 �q S UR`� 765[Wet Road,State 100 • Plano,TX75075 • 972.4220077 TBPE No F2121 TelPS No.FTQ043100 s�I rom Job No. MARINE CREEK HILLS ADDITION Drawn: Checked: Date VSC I W8 1 11/17/20 18-069 CITY OF FORT WORTH, TEXAS EJ DARREN K.BROWN,R.P.L.S.5252 Uvrring:9:\2018 1�s\18-169—6-creek doyo m\18-159 Encrocrchn b,M&B.&g Saved By.%1q t rrez S—Tme: 11/17/2020 3:52:44 PM Plotted by:v9uUerrez Plot Date: 11/17/2020 3:54 PM I I I I I I I I I I I I I I I I I I I I I I I I Remainder Block 17 5 0 5 10 MARINE CREEK HILLS ADDITION I PHASE 1, SECTION 1 I I I 1„ = 10' I I I I Basis of bearing derived I I from the State Plane I I I I Coordinate System, Texas North Central Zone 4202, I I North American Datum of +— Proposed 15' 1 1983, (2011). I Drainage Esmt. I I I I I I I I I I I I I Drainage Easement POINT OF I Encroachment 3 -REFINING 30 S.F. I I I N 89'3947" E - 15.00' \ \\ S 00'20'17" E — 2.00' N 00'20'17" W — 2.00' I S 8939'47" W 15.00' I I I I I I I I I I I I I I I I I I I I I � I Proposed 15' Drainage Esmt. LEGEND 5T F T P G� ER F� — — PROPOSED DRAINAGE EASEMENT Fo 7 17� — — PROPERTY LINE PAGE 7 OF 13 DARREN K. BROWN q 5252 IVSPIARS DRAINAGE EASEMENT ENCROACHMENT 3 0FES5\0� ENGINEERING&SURVEYING PROPOSED LOT 1R, BLOCK 17 S UR`� 765 Custer Road,Suite 100 • Plano,TX75075 • 972.422A077 Drown: Checked: TBtasNo.Fi0046i00 DOeslaI Jab No, MARINE CREEK HILLS ADDITION 1/SC DJB 11/17/20 18—DY ' CITY OF FORT WORTH, TEXAS DARREN K.BROWN,R.P.L.S.5252 D,—;N:g:\2018 1o1bs\18-169—r -creek dey—\78-159 Eix—h—ts V&H.dwq Saved By.Vguti— Save fine: 17/77/2020 5:57:44 PM Plotted by:vgutierrez Plot Dote: 11/17/2020 3:54 PM METES & BOUNDS DESCRIPTION - ENCROACHMENT 4 BEING a tract of land situated in the A. Roberts Survey, Abstract No. 1262, City of Fort Worth, Tarrant County, Texas, being a portion of the remainder of Block 17, of the Final Plat of Block 17, Marine Creek Hills, Phase I, Section I according to the plot recorded in Volume 388-196, Page 63 of the Plat Records, Tarrant County, Texas (PRTCT), with the subject tract being more particularly described as follows: BEGINNING at a point from which a 1/2" iron rod found for the northwest corner of said remainder and being on the east line of Bob Hanger Street, a called 60 foot right—of—way, and also being the southwest corner of Lot 24, Block A, Marine Creek Hills, according to the plat recorded in Cabinet A, Slide 4405 PRTCT, bears N 55'49'38" W, 249.14 feet; THENCE N 59'39'43" E, 7.22 feet to a point from which a 1/2" iron rod found for the northeast corner of said remainder, the southeast corner of Lot 19, Block A, Marine Creek Hills, and also being on the west line of Lot 20, Block 18, Marine Creek Hills Phase 1, Section 1, according to the plat recorded in Volume 388-196, Page 40 PRTCT, bears N 53'45'22" E, 230.95 feet; THENCE S 00'20'17" E, 3.46 feet; THENCE S 59'39'43" W, 7.22 feet; THENCE N 00'20'17" W, 3.46 feet to the POINT OF BEGINNING with the subject tract containing 22 square feet of land. OF T Al ez,� s r eRFF� � � o v PAGE 8 OF 13 DARREN K. BROWN SPIARS DRAINAGE EASEMENT ENCROACHMENT 4 �y� Ess o��o ENGINEERING&SURVEYING PROPOSED LOT 1R BLOCK 17 S U 765 Custer Road,SURe 100 • Plano,TX 75075 • 972.4220077 E Ch TnlasNu.F,aoa3lns Drawn. ecked: Date la"Job No. MARINE CREEK HILLS ADDITION uSC I DJB I it/17/20 18-069 CITY OF FORT WORTH, TEXAS DARREN K.BROWN,R.P.L.S.5252 Orowirg:9:\2018 jobs\18-169 seek doyc...\18-169 Encroo h—ts MW.dng Soved @/.Vgut;. z Som Time: 11/17/2020 3.52:44 PM Plotted by:vgutierrez Plot Date: 11/17/2020 3:54 PM I I I I o R T I I � ti I I I I I I I I I I I I I I I I I I I I Remainder Block 17 MARINE CREEK HILLS ADDITION i j 5 0 5 10 PHASE 1, SECTION 1 I I I Basis of bearing derived I I from the State Plane I I I I Coordinate System, Texas I I North Central Zone 4202, I I North American Datum of Proposed 15' � 1983, (2011). I Drainage Esmt. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I N 59'3943" E 7.22' Drainage Easement Encroachment 4 POINT OF 22 s.F. BEGINNING i S 00.20'17" E - 3.46' N 00'20'17" W 3.46' I S 59'39'43" W 7.22" ' J Proposed 15' Drainage Esmt. LEGEND OF T — — PROPOSED DRAINAGE EASEMENT Al S rERFFf —— PROPERTY LINE a PAGE 9 OF 13 DARREN K. BROWN A 5252 IVSPIARS DRAINAGE EASEMENT ENCROACHMENT 4 �OFEss�a\\ ENGINEERING&SURVEYING PROPOSED LOT 1R BLOCK 17 sUR� 765 Custer Rwd,50te 100 • Plano,iX 75075 • 971422.0077 f Drawn: Checked: Tetrsr,u.F,00437ao Dote aI Job No. MARINE CREEK HILLS ADDITION l VSC DJB 11/17/20 18-069 CITY OF FORT WORTH, TEXAS DARREN K.BROWN,R.P.L.S.5252 D-4w g:9:\2018 fobs\18-169—i-aee's doycore\78—t59 Eruroxh is h'&H.dwg Swed By.Vgutierrez Save T— 1111712020 3.52:44 PM Plotted by:vgutierrez Plot Dote: 11/17/2020 3:54 P0.1 METES & BOUNDS DESCRIPTION - ENCROACHMENT 5 BEING a tract of land situated in the A. Roberts Survey, Abstract No. 1262, City of Fort Worth, Tarrant County, Texas, being a portion of the remainder of Block 17, of the Final Plat of Block 17, Marine Creek Hills, Phase I, Section I according to the plat recorded in Volume 388-196, Page 63 of the Plat Records, Tarrant County, Texas (PRTCT), with the subject tract being more particularly described as follows: BEGINNING at a point from which a 1/2" iron rod found for the northwest corner of said remainder and being on the east line of Bob Hanger Street, a called 60 foot right—of—way, and also being the southwest corner of Lot 24, Block A, Marine Creek Hills, according to the plat recorded in Cabinet A, Slide 4405 PRTCT, bears N 42'34'57" W, 228.41 feet; THENCE N 59'39'43" E, 3.46 feet to a point from which a 1/2" iron rod found for the northeast corner of said remainder, the southeast corner of Lot 19, Block A, Marine Creek Hills, and also being on the west line of Lot 20, Block 18, Marine Creek Hills Phase 1 , Section 1 , according to the plat recorded in Volume 388-196, Page 40 PRTCT, bears N 55°20'20" E, 293.09 feet; THENCE S 00'21 '48" E, 8.66 feet; THENCE S 59'39'43" W, 3.46 feet; THENCE N 00°21 '48" W, 8.66 feet to the POINT OF BEGINNING with the subject tract containing 26 square feet of land. OF SreRF�� PAGE 10 OF 13 DARREN K. BROWN -10 SPIARS DRAINAGE EASEMENT ENCROACHMENT 5 po eES ss�SX0 �o '9 F ENGINEERING&SURVEYING PROPOSED LOT 1R BLOCK 17 S U 765 Custer Road,Suite 10D • Plarloj)(75075 • 972.422.0077 7 NoF TBLPSNo.F70043100 • tars MARINE CREEK HILLS ADDITION Drawn:n: Checked: Date fe Job No. VSC DJB I lii/17/2ol18-069 CITY OF FORT WORTH, TEXAS DARREN K.BROWN,R.P.L.S.5252 13—ing:g:\2018 jobs\18-169—d-—k daycme\78-169 E—erochrrrx.ts M&3.dng .`—d W.Vgur.— S—Tm-: 11/17/202G 3:52:44 PM Plotted by:vgutierroz Plot Date: 11/17/2020 154 PM 0 fl T � k 5 0 5 10 1" = 10' Basis of bearing derived from the State Plane Coordinate System, Texas North Central Zone 4202, North American Datum of 1983. (2011). PnINT BEGINNING N 59'39'43" E - 3.46' S 00'21'48" E - 8.66' N 00'21'48" W - 8.66' Drainage E%1srnent,''�/ EncroachmentS 26 S.F. S 59'3943" W 3.46' ' Proposed 15' Drainage Esmt. Remainder Block 17 MARINE CREEK HILLS ADDITION PHASE 1, SECTION 1 OF T LEGEND �P — — PROPOSED DRAINAGE EASEMENT a y — — PROPERTY LINE PAGE 11 OF 13 DARREN K. BROWN SPIARS DRAINAGE EASEMENT ENCROACHMENT 5 FESS� �Po 5252O\�o 9 ENGINEERING&SURVEYING PROPOSED LOT 1R BLOCK 17 S UR`� 765 Custer Road,Suite 100 • Plan,TX 75075 • 972.4220077 T NoF • TBLPSNo.F10043100 rse s(a .�on,1 MARINE CREEK HILLS ADDITION Drawn:n: Chocckk ed: Date Job No. VSC DJB 11/17/20 18-069 CITY OF FORT WORTH, TEXAS DARREN K.BROWN,R.P.L.S.5252 Dt Wr q:9:\2018 jabs\18-169 marina.—k dayc \18-159 Encroa&—I.M&B.drrg S-.d By.Vgut—r ;we Tme, it 17 2020 5:52:44 PM Plotted 6/ / y vgu[iarrez Plot Date: 11/17/2020 3:54 PIA METES & BOUNDS DESCRIPTION - ENCROACHMENT 6 BEING a tract of land situated in the A. Roberts Survey, Abstract No. 1262, City of Fort Worth, Tarrant County, Texas, being a portion of the remainder of Block 17, of the Final Plot of Block 17, Marine Creek Hills, Phase I, Section I according to the plat recorded in Volume 388-196, Page 63 of the Plat Records, Tarrant County, Texas (PRTCT), with the subject tract being more particularly described as follows: BEGINNING at a point from which a 1/2" iron rod found for the northwest corner of said remainder and being on the east line of Bob Hanger Street, a called 60 foot right—of—way, and also being the southwest corner of Lot 24, Block A, Marine Creek Hills, according to the plat recorded in Cabinet A, Slide 4405 PRTCT, bears N 02°26'17" W, 298.27 feet; THENCE S 72'31 '00" E, 3.15 feet to a point from which a 1/2" iron rod found for the northeast corner of said remainder, the southeast corner of Lot 19, Block A, Marine Creek Hills, and also being on the west line of Lot 20, Block 18, Marine Creek Hills Phase 1 , Section 1 , according to the plot recorded in Volume 388-196, Page 40 PRTCT, bears N 51'59'54" E, 485.96 feet; THENCE S 00'02'10" E, 7.86 feet; THENCE N 72°31 '00" W, 3.15 feet; THENCE N 00*02'10" W, 7.86 feet to the POINT OF BEGINNING with the subject tract containing 24 square feet of land. 0� �P sr�RF�� PAGE 12 OF 13 DARREN K. BROWN 5252 SPIARS DRAINAGE EASEMENT ENCROACHMENT 6 ENGINEERING &SURVEYING PROPOSED LOT 1R, BLOCK 17 S UR`i 765 Custer Road,Sulte100 • Pleno,TX75075 • 47242200T7 _ Tn:IC Checked.- • T8lP5No.F10043I w.e iarse .com MARINE CREEK HILLS ADDITION Drawn: Checked: Date Job No. use DJe 11/17/20 tE—ohs CITY OF FORT WORTH, TEXAS DARREN K.BROWN,R.P.L.S.5252 D—irg:g:\018 job\18 169—d-creek doy—\18 169 Encroachments A�.dwg Saved By:Mgutierrez —&—Time: 11/17/2070 3:52:44 PM Plotted by:vyut7errez Plat 0ota: 11/17/2020 3:54 PM O R T � H i i i i i i i i i 5 0 5 10 1" _ 10' Basis of bearing derived �i from the State Plane i Coordinate System, Texas ,� North Central Zone 4202, Proposed 15' Drainage Esmt. North (2011).can Datum of O o z ° rn Remainder Block 17 70 MARINE CREEK HILLS ADDITION =j <' PHASE 1, SECTION 1 rn S 72'31'00" E 3.15' POINT OF Drainage Easement \` BEGINNING Encroachment 6 N 00'02'10" W - 7.86' 24 S.F. S 00'02'10" E N 7,86' N 72'31'00" W — J.15' 20' x 20' Public \ Open Space Restriction �I Vol. 388-196, Pg. 63 PRTCT \ Proposed 15' Drainage Esmt CROMWELL-MARINE CREEK RD. 110'R.O.W. LEGEND OF T — — PROPOSED DRAINAGE EASEMENT PUBLIC OPEN SPACE EASEMENT —— PROPERTY LINE PAGE 13 OF 13 DARREN K. BROWN SPIARS DRAINAGE EASEMENT ENCROACHMENT 6 5252��-o 9 Fes s� ENGINEERING&SURVEYING PROPOSED LOT 1R BLOCK 17 S UR`� 765 Custer Road,Suite 100 • Plano,TX 75075 • 972.422.0077 , TBPE NaF TRIPSNo.F10D43100 Ia13etI MARINE CREEK HILLS ADDITION DrawlCheckked: Date fe Jobob No. VSC I DJ8 1 111/17/20118-069 CITY OF FORT WORTH, TEXAS DARREN K.BROWN,R.P.L.S.5252 Drawing:g:\2018 jobs\18-169—6 creek daycare\18-169 M&H.dwg S—d By Vgulicrrez ,Sane Titus: 11/17/2020 3:52:44 W Platted by:vgu8errez Plat Date: 11/17/2020 3:54 PM