HomeMy WebLinkAboutContract 57197 Date Received: 03/03/2022 Permit Number: PN22-00009
Time Received: 2:23 pm City Secretary No.: 57197
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
TIER 11
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
Director of the Development Services Department, and MCA Litscy Creek Owner, LP,
a(n) a Delaware limited partnership ("Licensee"), acting by and through its duly
authorized signatory.
RECITALS
WHEREAS, Licensee is the owner of the real property located at SWC Litsey
Road and Endeavor Way, Fort Worth, Texas 76262 ("Property"), being more
particularly described in the attached Exhibit "A" which is incorporated herein for all
purposes; and
WHEREAS, the City owns a drainage and sanitary sewer easements (the
"Public Property") adjacent to the Property as shown in the attached Exhibit "B,"
which is incorporated herein for all purposes, and as recorded in the plat records of
Denton County as plat number FP21-052; and
WHEREAS, Licensee desires to construct, place, and maintain certain
improvements which will encroach in, on, above, or below the Public Property; 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 Property as described in and at the location shown
on Exhibit "C," but only to the extent shown thereon, for the purpose of constructing,
installing, and maintaining ornamental fences, (the "Encroachment"). Upon
completion of the Encroachment, Licensee agrees to be responsible for
maintaining the Encroachment
OFFICIAL RECORD
Tier ii Easement Encroachment Agreement
PN22-00009 CITY SECRETARY
FT.WORTH, TX
within the Public Property. Licensee shall not expand or otherwise cause the
Encroachment to further infringe in or on the Public Property beyond what is specifically
described in Exhibit "C."
2.
All construction, installation, maintenance, and operation of the Encroachment
and the use or occupancy of the Public Property shall comply with and be performed in
strict compliance with this Agreement and with the charter, ordinances, codes, and
policies of the City. Prior to the construction or installation of the Encroachment,
Licensee shall submit all plans and specifications to the Director of the Development
Services Department or duly authorized representative. Licensee shall not commence
construction or installation of the Encroachment nor make any use of the Public Property
until after the execution of this Agreement.
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 and the use and occupancy of the Public Property, 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 of
Public Property, Licensee shall pay to City an additional amount equal to such additional
cost as determined by the Director of Transportation and Public Works, the Director of
the Water Department, the Director of the Development Services Department, or their
duly authorized representative.
4.
Licensee agrees that City may enter and utilize the Public Property at any time for
any public purpose, including installing, repairing, replacing, or maintaining
improvements to its public facilities or utilities necessary for the health, safety, and
welfare of the public. The City shall have no responsibility or liability for any damages
related to the Encroachment resulting from the City's use of the Public Property;
however, the City shall 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 Property to a
condition acceptable to the Director of Transportation and Public Works, the Director of
Tier TT Easement Encroachment Agreement Page 2 of 14
PN22-00009
the Water Department, the Director of the Development Services Department or their
duly authorized representative. Any such removal of the Encroachment shall be in
accordance with then-existing City regulations and policies. It is understood and agreed
to by Licensee that if this Agreement terminates and Licensee fails to remove the
Encroachment and restore the Public Property, Licensee hereby gives City permission to
remove the Encroachment and any supporting structures from the Public Property, to
restore the Public Property, and to 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 Encroachment and use of Public Property as 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 Seven Hundred Dollars ($700.00).
7.
The term of this Agreement shall be for thirty (30) years, commencing on the
date this Agreement is executed by City. However, the City may terminate this
Agreement upon Licensee's noncompliance with any of the terms of this Agreement.
City shall notify Licensee in writing of any such noncompliance and if Licensee does not
cure the noncompliance within thirty (30) days of notice from City, the City may
terminate this Agreement. However, the City may, at its sole option, allow the Agreement
to remain in effect so long as Licensee has taken reasonable measures to cure the
noncompliance or is continuing to diligently attempt to remedy the noncompliance.
S.
It is further understood and agreed between the parties hereto that the Public
Property to be used and encroached upon is held by City as trustee for the public; that
City exercises such powers over the Public Property 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 Property 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 Property 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 both the Encroachment and the public purpose.
Tier TT Easement Encroachment Agreement Page 3 of 14
PN22-00009
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 "C."
The amounts of such insurance shall be not less than
$19000,000
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 "D" and incorporated herein for all purposes. 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 restoration of the Public Property. All insurance coverage
required herein shall include coverage of all Licensee's contractors and subcontractors.
Tier TT Easement Encroachment Agreement Page 4 of 14
PN22-00009
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 the county in which the Encroachment is located. 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 use of the Public Property.
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 Property and is not a conveyance of any right, title, or interest in or to the
Public Property, 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.
Tier TT Easement Encroachment Agreement Page 5 of 14
PN22-00009
16.
In any action brought by the City for the enforcement of the obligations of the
Licensee, City shall be entitled to recover interest and reasonable attorneys' fees.
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 Denton
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
Tier TT Easement Encroachment Agreement Page 6 of 14
PN22-00009
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Tier TT Easement Encroachment Agreement Page 7 of 14
PN22-00009
City: Licensee:
CITY OF FORT WORTH MCA Litsey Creek Owner, LP
A Delaware limited partnership
By: MCA Litsey Creek GP, LLC
A Delaware limited liability company
It's general partner
By: DJ DJHa�r3,202210:47CST) By:
D.J. Harrell, Director of the .J Name: Dudley Simmons
Development Services Department Title: Co-President
Date: Mar 3,2022 Date: &L 4�,
ATTEST: Approved As To Form and Legality
���G�� � �
J ette S.Goodall(Mar3,2022 13: ST)
Jannette Goodall, Thomas Royce Hansen
City Secretary Assistant City Attorney
Ordinance No. 24161-04-2020
Date: Mar 3,2022
oo��FpRr���l Date: Mar2,2022
ICY *0000000000 0
oAy °
0
� � O
p� 0��
�Vo a=(�
�P o o 4�
d� 000000O0000 a Contract Compliance Manager:
�EXASo� 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.
Janie S.Morales
Development Services
Date: Mar2,2022
OFFICIAL RECORD
Tier H Easement Encroachment Agreement
PN22-00009 CITY SECRETARY
FT.WORTH, TX
***THIS PAGE FOR CITY OF FORT WORTH OFFICE USE ONLY***
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 3rd day of
March , 20 22
Wendy L. Digitally signed by Wendy
L.Beardslee YP 6 WENDY L BEARDSLEE
Beardslee Date:2022.03.0311:05:03 z Notary Public
06'00' * * STATE OF TEXAS
NotaryPublic in and for the State of Texas N�9 DE�� Notary I.D. . July 8, 3
My Comm. Exp. July 28, 2025
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Tier ii Easement Encroachment Agreement Page 9 of 14
PN22-00009
STATE OF TEXAS . §
COUNTY OIL T o,J t-S §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
!ZX a S on this day personally appeared Dudley Simmons, Co-President (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 MCA Litsey Creek Owner, LP, a Delaware
limited partnership (entity type), and in the capacity therein stated.
d1
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2 day of �,rc],�
20 22
r
N tary Pu lic in and for they
State o Z X 01 5
JESSICA VILLARREAL
_2? A `Notary Public,State of Texas
�'�`• Q� Comm.Expires 12-29-2022
Notary ID 125953654
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Tier H Easement Encroachment Agreement Page 10 of 14
PN22-00009
EXHIBIT A
Description of the Licensee's Property
Tier TT Easement Encroachment Agreement Page 11 of 14
PN22-00009
LIT
SEY RD
24'DRAINAGE
EXHIBIT B-1
EASEMENT — — —
INIL-
DRAINAGE- /
ESMT /
ENCROACHMENT ExHlelrs-2
EXHIBITB-3 /
P
� I 30'DRAINAGE Q'
EASEMENT o�
99
EXHIBIT B-4
I
U �
l II
111 II I
' 35'SSWR
EASEMENT
SSWR ESMT
II I�EXHIBITB-5 ENCROACHMENT
SITE LOCATION MAP
N.T.S.
SCALE: 1"=8000'
PROJECT
FORTWORTH, LOCATION
OWNER/DEVELOPER: LITSEY CREEK ENGINEER:
om
MCA LITSEY CREEK OWNERS,LP COTTAGES SITE LOCATION MAP 80 CHERRY STREET
400 S.RECORD ST,SUITE 1200
DALLAS,TX 75202 IPRC RECORD NO IPRC20-0155 FORT SUITE 1390
WORTH.TX 76102
CITY PROJECT NO 103091 ENGINEERING FIRM REGISTRATION#F-928
ENCROACHMENT AGREEMENT AREA
LOT 1 , BLOCK 1 , LITSEY CREEK COTTAGES
A. ROBINSON SURVEY, ABSTRACT NO. 1119
CITY OF FORT WORTH, DENTON COUNTY, TEXAS
PART 1
BEING a tract of land situated in the Archibald Robinson Survey, Abstract No. 1119, City of Fort Worth, Denton
County, Texas and being a portion of Lot 1, Block 1 of Litsey Creek Cottages, an addition to the City of Fort Worth,
Texas, according to the Plat thereof recorded in Document No. 2021-399, Official Records, Denton County, Texas,
(O.R.D.C.T.) and being more particularly described as follows:
COMMENCING at a 5/8-inch iron rod with red plastic cap stamped "KHA" found for the most northerly northeast
corner of said Lot 1, Block 1, at the northwest corner of a right-of-way clip at the intersection of the south
right-of-way line of Litsey Road (a variable width public right-of-way), with the west right-of-way line of Endeavor
Parkway (a variable width public right-of-way);
THENCE with said west right-of-way line, the following courses and distances:
South 45°08'43" East, with said corner clip a distance of 19.91 feet to a 5/8-inch iron rod with red plastic cap
stamped "KHA" found for the south corner of said corner clip;
South 00°08'43" East, a distance of 288.14 feet to a 5/8-inch iron rod with red plastic cap stamped "KHA" found
at the beginning of a tangent curve to the right with a radius of 485.00 feet, a central angle of 15°22'44", and a
chord bearing and distance of South 07'32'39"West, 129.79 feet;
In a southerly direction, with said tangent curve to the right, an arc distance of 130.18 feet to a POINT OF
BEGINNING, being the northeast corner of a Drainage Easement as shown on said plat of Litsey Creek
Cottages, and being the point of curvature of said curve to the right with a radius of 485.00 feet, for a central
angle of 03°06'22", and a chord bearing and distance of South 16°47'12" West, 26.29 feet;
In a southerly direction, with said tangent curve to the right, an arc distance of 26.29 feet to a point for the
southeast corner of said Drainage Easement;
THENCE over and across said Lot 1, Block 1, with south and southwesterly line of said Drainage Easement, the
following courses and distances:
NOTES
OF T A sketch of even date was prepared to accompany this description.
P.CC,ISTEO � Bearing system based on the Texas Coordinate System of 1983,
DAVID J. De WEIRDT *.' f North Central Zone(4202), North American Datum of 1983.
REGISTERED PROFESSIONAL ...:.......•••••• ••
LAND SURVEYOR NO. 5066 DAVID . De DT
13455 NOEL ROAD "' ""' ' "�::
TWO GALLERIA OFFICE TOWER 50 6 Kim1ppoHorn
SUITE 700E S S�� 'OlG13455 Noel Road,T T.I.No.(972)770-1300
DALLAS, TEXAS 75240 S'U R v ` Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3820
PH. (972)770-1300 Stele Drawn by Checked by Date Proiect No. Sheet No.
david.deweirdt@kimley-horn.com 02/03/2022 N/A EMP DJD Feb.2022 1 067806101 1 1OF6
PFEIL,ERIC 2/3/2022 5:01 PM\\KIMLEY-HORN.COM\TX_DAL2\DAL_SURVEY\067806101-LITSEY CREEK COTTAGE\DWG\LITSEY CREEK COTTAGE_ENCROCHMENTI.DWG
ENCROACHMENT AGREEMENT AREA
LOT 1 , BLOCK 1 , LITSEY CREEK COTTAGES
A. ROBINSON SURVEY, ABSTRACT NO. 1119
CITY OF FORT WORTH, DENTON COUNTY, TEXAS
PART 1 continued
South 82'42'02" West, a distance of 33.01 feet to a point for corner;
North 52'17'58" West, a distance of 307.40 feet to a point for corner;
North 32'05'10" West, a distance of 228.99 feet to a point for corner;
THENCE North 32'32'55" East, over and across said Lot 1, Block 1, and said Drainage Easement, a distance of
26.56 feet to a point for corner in the northeasterly line of said Drainage Easement;
THENCE over and across said Lot 1, Block 1, with said northeasterly line, the following courses and distances:
South 32'05'10" East, a distance of 236.09 feet to a point for corner;
South 52'17'58" East, a distance of 293.18 feet to a point for corner;
North 82'42'02" East, a distance of 33.79 feet to the POINT OF BEGINNING and containing a computed area
13,593 square feet or 0.3120 acres of land.
NOTES
A sketch of even date was prepared to accompany this
description.
Bearing system based on the Texas Coordinate System of 1983,
North Central Zone(4202), North American Datum of 1983.
Ki m ))) Horn
13455 No Road,Two Galleria Office / Tel.No.(972)770-1300
Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3820
Scale I Drawn by I Checked by Date Proiect No. Sheet No.
N/A EMP DJD Feb.2022 067806101 2 OF 6
PFEIL,ERIC 2/3/2022 5:01 PM\\KIMLEY-HORN.COM\TX_DAL2\DAL_SURVEY\067806101-LITSEY CREEK COTTAGE\DWG\LITSEY CREEK COTTAGE_ENCROCHMENTI.DWG
ENCROACHMENT AGREEMENT AREA
LOT 1 , BLOCK 1 , LITSEY CREEK COTTAGES
A. ROBINSON SURVEY, ABSTRACT NO. 1119
CITY OF FORT WORTH, DENTON COUNTY, TEXAS
PART 2
BEING a tract of land situated in the Archibald Robinson Survey, Abstract No. 1119, City of Fort Worth, Denton
County, Texas and being a portion of Lot 1, Block 1 of Litsey Creek Cottages, an addition to the City of Fort Worth,
Texas, according to the Plat thereof recorded in Document No. 2021-399, Official Records, Denton County, Texas,
(O.R.D.C.T.)and being more particularly described as follows:
COMMENCING at a 5/8-inch iron rod with red plastic cap stamped "KHA" found for the most northerly northeast
corner of said Lot 1, Block 1, at the northwest corner of a right-of-way clip at the intersection of the south
right-of-way line of Litsey Road (a variable width public right-of-way), with the west right-of-way line of Endeavor
Parkway(a variable width public right-of-way);
THENCE with said west right-of-way line, the following courses and distances:
South 45°08'43" East, with said corner clip a distance of 19.91 feet to a 5/8-inch iron rod with red plastic cap
stamped "KHA"found for the south corner of said corner clip;
South 00'08'43" East, a distance of 288.14 feet to a 5/8-inch iron rod with red plastic cap stamped "KHA" at the
beginning of a tangent curve to the right with a radius of 485.00 feet, a central angle of 37'50'45", and a chord
bearing and distance of South 18°46'40"West, 314.57 feet;
In a southerly direction, with said non-tangent curve to the right, an arc distance of 320.36 feet to a 5/8-inch iron
rod with red plastic cap stamped "KHA"found for corner;
South 37°42'02" West, a distance of 353.22 feet to the POINT OF BEGINNING for the northeast corner of a
30-foot Drainage Easement as shown on said plat of Litsey Creek Cottages, recorded in Document No.
2021-399, O.R.D.C.T.;
South 37°42'02" West, with the common line of said west right-of-way line and said 30-foot drainage easement,
a distance of 30.00 feet to a point for the southeast corner of said 30-foot Drainage Easement;
NOTES
A sketch of even date was prepared to accompany this
description.
Bearing system based on the Texas Coordinate System of 1983,
North Central Zone(4202), North American Datum of 1983.
Ki m ))) Horn
13455 No Road,Two Galleria Office / Tel.No.(972)770-1300
Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3820
Scale Drawn by Checked by Date Proiect No,
Sheet No.
N/A EMP DJD Feb.2022 0678D61 Di 3 OF 6
PFEIL,ERIC 2/3/2022 5:01 PM\\KIMLEY-HORN.COM\TX_DAL2\DAL_SURVEY\067806101-LITSEY CREEK COTTAGE\DWG\LITSEY CREEK COTTAGE_ENCROCHMENTI.DWG
ENCROACHMENT AGREEMENT AREA
LOT 1 , BLOCK 1 , LITSEY CREEK COTTAGES
A. ROBINSON SURVEY, ABSTRACT NO. 1119
CITY OF FORT WORTH, DENTON COUNTY, TEXAS
PART 2 (Continued)
THENCE over and across said Lot 1, Block 1, the following courses and distances:
North 52°17'58" West, with the southwesterly line of said 30-foot Drainage Easement, a distance of 517.38 feet
to a point for corner in the east line of a Flood Plain Easement as shown on said plat of Litsey Creek Cottages;
North 15'38'31" East, with said southeast line, a distance of 32.08 feet to a point for corner;
North 22°02'04" East, with said southeast line, a distance of 0.28 feet to a point for corner in the northeasterly
line of said 30-foot Drainage Easement;
South 52°17'58" East, with said northeasterly line, a distance of 529.51 feet to the POINT OF BEGINNING and
containing a computed area 15,704 square feet or 0.3605 acres of land.
NOTES
A sketch of even date was prepared to accompany this description.
Bearing system based on the Texas Coordinate System of 1983,
North Central Zone(4202), North American Datum of 1983.
Ki m * Horn
13455 No Road,Two Galleria Office / Tel.No.(972)770-1300
Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3820
Scale Drawn by I Checked by Date I Proiect No. Sheet No.
N/A EMP DJD Feb.2022 1 067806101 4 OF 6
PFEIL,ERIC 2/3/2022 5:01 PM\\KIMLEY-HORN.COM\TX_DAL2\DAL_SURVEY\067806101-LITSEY CREEK COTTAGE\DWG\LITSEY CREEK COTTAGE_ENCROCHMENTI.DWG
NORTH
L17-SE�, RO
o so too ' A VA"/A"'E WIDTH pUBLIgD
- _ P.O.C.
GRAPHIC SCALE IN FEET — — O W IRFC
VARIABLE WIDTH
FLOOD PLAIN S45°O8'43"E 17
EASEMENT VARIABLE WIDTH _ 19.91, I IRFC
DOC.NO.2021-399 \ / FLOOD PLAIN
N32°32'55"E / EASEMENT LOT 1, BLOCK 1
26.56' DOC. NO.2021-399 LITSEY CREEK
COTTAGES I N > o w l
DRAINAGE EASEMENT O
HENRIETTA DOC. NO.
' W Y w Jm M
DOC. NO.2021-399 BEND DRIVE 2021-399 �
ppCD
Oda OcS 24'EMERGENCY I o a Q w = (V
/ Os gyp, ACCESS EASEMENT I _ — Z U
DOC.NO.2021-399 o ? CD
O w oC = O
m JwUZ
�r'cp O9 MAINTENANCE I I Q I Q O U
AGREEMENT AREA '1 w l 00 0
DOC. NO.2021-142263 I 0 Q U
ON SURVEY Z I I
gRCHIBALD ROBINSO 1119 0=15°22'44„ I Lj I
ABSTRACT N I R=130.08' IRFC
PART 1 s CB=S7°32'39"W
0.3120 ACRES s�>> C=12
N82'42'02"E
13,593 SQ.FT. s�; F 2 33.79'
P.O.B.
(PART 1)
o l�
/ A=3'06'22"
S82°42'02"W /
/ 33.01' /,R=485.00'
L=26.29'
/ OVERALL CURVE / / CB=S16'47'12"W
DEED LINE A=37°55.00'� / C=APPROXIMATE
LEGEND R=485.00' � APPROXIMATE
L=320.36' CITY OF FORT
A=CENTRAL ANGLE CB=N18°46'40"E / / WORTH LIMITS
P.O.C.=POINT OF COMMENCING C=314.57' /
P.O.B.=POINT OF BEGINNING MATCH LINE IRFC /
IRFC=5/8"IRON ROD W/"KHA"CAP FOUND SEE SHEET 6
NOTES
ENCROACHMENT A field note description of even date was prepared to accompany this sketch.
AGREEMENT AREA Bearing system based on the Texas Coordinate System of 1983, North
LOT 1 , BLOCK 1 Central Zone(4202), North American Datum of 1983.
The Plat and Easement Document Numbers shown hereon are per the Official
LITSEY CREEK COTTAGES
Records of Denton County,Texas,(O.R.D.C.T.)
A. ROBINSON SURVEY,ABSTRACT NO. 1119 Kimle >>> Horn
CITY OF FORT WORTH 13455 Noel Road,Two Galleria Office / Tel.No.(972)770-1300
Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3820
DENTON COUNTY, TEXAS _le Drawn by I Checked by I Date Proiect No. I Sheet No.
1"=100' EMP DJD Feb.2022 067806101 5 OF 6
PFEIL,ERIC 2/3/2022 5:01 PM\\KIMLEY-HORN.COM\TX_DAL2\DAL_SURVEY\067806101-LITSEY CREEK COTTAGE\DWG\LITSEY CREEK COTTAGE_ENCROCHMENTI.DWG
m \
m \m p p p r 70 O Z Z
� p �J � 00 li � C� O � D � N
N Zpno7c) m m D 2 \ nmr � vt N
ti � n a 11 z z on zDOD U) o
N � � -0 pmNW2 WD am00op w � N�
cn o � II _ Oox C) MA m m cn
r \ N � m N GW 0 0
o XOXZZD Zcnmzz - � \ 0Z � � O K) /
z n �] � � p om � ITl n m �o
D o Dompm n' � m Z /
m r O WmZ Z
a m = m � z � coz -< m > � "' v,
z O
Z m a zZ � Z
xz � � pUl
CD o = 2 m
z W cn >
X
Z m o - p ;0 X
m
0 CZcn
zo < cnN o
W O \ o rr
m r w — 0
r o Z 0 N
oD 0 � M.
o m n D D -0 � o > oa � W
m
ftDo
m ncoZDhyrZm U) O 0 O
zW mm m NM
0 -nm � 0 m
� z
o
0 � MOm�z Z � Ioz � �
� a
G�7 < O � O O \ \ n w N V
X � � mD � rnz �w `'
� m
0 - - � - - �
i \
m o
IA ! 3 N W D z,\ \\\ O W O
0 D M.M �. O \ \O v\ s'? o m
N O \ 2.
m
n
o' ID D ID
o m N D
CD
s
IN n 3 w o \ \
� -Z u � O \
2 T oz o \ \
CD
ID
v z 3CD
CD \
3 ccnn N r \
o � � (7m 3 o a \\ \\ I
T 3 n m Ut \
n \� . O E5 m O �7
m # :3o 0 D a
s Ip 3 !+] O z � \
\ O DD ooXo \
o o OO
m \ OD � m ZZ0° c0i
v�� a u, z � � oo � m Cl)
(� D �] NNDU) Imp
o Z ZZ �� 3 00 N \ rn z D n0, m = =
° m ca cn \ W m 0 Q j D m
, N titi0 O z o � � m Imr
w J n 0 3 00 CO E I Z
K) cn m N m
EXHIBIT B
Depiction of the Public Property
Tier TT Easement Encroachment Agreement Page 12 of 14
PN22-00009
\
- WIMP � m HellIAY3g3A / � BEACH SIF z
° 10
■ r \ '------ 8 -- -------- -
■ a u all
r.
;O ---
I I 1 \ I 4
74
v a a \
°�fI Iual9[ y \
-■ \ �\�\ / \\\ ` °�' Y � 1��3i �m aap
n ' -
\, All a \
■ 3 E r r r - f - -- .
1
1 I I I Y
■ \\\ s@�� a �tl �A x / � I '� a �" \ _ - r I
Al
g /.� I y s ,A, c I I I RB A \\\\1 a '$$� �gog�
\ +\ W m 5 A
f I
zp
kP2 /Aar°
i ..,z
T� va a sTn\\ 1
I■ L'� { �$$�s0HE
l J /
Jim
g$sNxep�aa 'n s
AZy G
�',■.\ A@� / / N \ \ \\\\ �,I i 'mac
.� elf
b m X$€
/r 0 -P \ 4� u 0
0) //9 m ��\ Sm" o i�aac i i cm yil l I ' 3g a�a
m
£� �=A\ �q2 5f� � ii9/ &95a� \\ Al
M.10
tl� I I I g 5 �P
�m $ c
4 zo W r \\ raG s".� �`$
Amz `- wok / _ I s,
�. zOz����TTC111 nA=DZc<(n m{z O m ga_a'd IoOm _ P
�cO -n( n " - O_-NOo B n'4P3."sE§w f/2/a8,�.1_9P
'-_n---r
-- --------
COmVQ.RDm0 nz
II
$ y&N m Re _ _O--1 - 00 O u "
m Jc� ___N0 o M.
mMM
z--I z m II F loo0 O8
P�_
:g,f Fm
rD` to
m
OWN
M$Nfl -MUM
PH
How
sm booms � � ♦v, g � L1 8 �s w li / / m \`\ \\\\ \>\`\ ■
;gx ALLEN HENDERSON SURVEY
w \ 8 ABSTRACT NO.596 / \ �` ■`
c £ Ar
I /%y / z NOON \\ \\ \
Mo
2)E 0
yC .a4v � ��gv-� ■
OWN
g m g9
�____ _________0 _________ __ ------ ---------- ---------
/------------ -------------- __�-----------
■
Z2 Se^ /
O 0 'gym n`�'': / / ■
—Z / ■
-42
a�Reg ---�{-- -------- ------- ----------//all----- .---T/` ----------�_ „�—---g � �� -- ——— —— -- r
o ■
ug
$ I'"m.8 ��dma � xe'u ewe §&'g� \` / ■'
m� Hp ■m
m br \
gym �� /�'� \ \\ ■
Him
Nil
Nip
3 i��$�iz I � �"' -- � � o�z�a Pop kF 48 ■
a - ''tea,. �����A� &� eo u�$�� ■
°
T 0 ng m o o b�oA � $#e� Z zl> o � woo ;
n xy `(` mho n%i egae £5 y �m� i
z s ssoNo �� � , z gs ■
\ C % Noon \\sv,. ■
o
o
'Jim I
D D
z c € 's ,, ■
s� cw r 9, NA \I
Al B � Nil
zOzOz mO� ° b° \ '� \\ \ � �a /�
Z.Z In_ „.1
z-n c;UCG)-� mA Aff'm as $ ,v ro =x i
D_ _ — —°�
0 ow,�,-XI000 �
' - -------- ------ t°,°
a \ AM ■
� m � v ago gg � \�.,, ■
v' z� ' '� 'a3^'msia' ----------------------- ---------�\� go
._� O z0� \�.
y m8, a ■�
sm pH 4s § use � agsm §amx § " s $ sg a� �m s § mg goo . §" g �s - 9e3asmL
s � s ;:
ses s =r U gSc
%� E is °gym � wsx § � s §�a ffi s ss a E �•s s k��xaxaa� �"%gip a
a8o6s $ �aak a as spa �m §3 a� § a 6, €. xa 3 H as3R:$a-;o; Q�
6° �o
ags>g`-' ff
¢as'�§�"� a�
§¢ s ages asp e 3 go k oga € � 3 %F ''
%` =k s3
§ sa as s.m s$ 's "a$ a asa a a - a oax g0 '$�o
a $a gas8 5e6a £a ssffi&
a a8 Essf $ a sv$ $ 's6 € $ c sz - c ae a2=$ Ss 'sgm
gxm is o8n$a §s ak Eas Y s §z g a Sao %§°
A s ¢ § ¢£ R Qa § amx aQo
'
sNNg; = Pm$wo% §R$ F 30 o g go $� W a§,a gym
3 w S� q § R s� x 5 ga a j' $ sa t3
aa€ a8 gaxmov " a' s aaas _ s ? �o $ pa $ s€ d €kms; �aa�nm
fly z= ass ": gm 36" 3
a^
L g s am z $ q a ses �.
a a STsa a •. �` e� s . - a u ° m
e4. s s § HV 8 a c 38 p�m
iA-
ash ffi� mm iij = 5 d s s a §aHas g s
os§
-ga 'dffia & 3 m go _
x s gPx j:. g m s § e o a q gx "s
_ s
9 8S'
i.3B H, °
gay g
Mt
NY
lilt
3 sgi� v� ^$H
am P
g ma33s=�=^'= 5 5 S S E S 5 G€m E
e� m aoe
mo
la ^'s sal g€a" " � £� ff W"s,Eaais €fie egay Gaffs €a¢ $ y >
gla
Az as $8aae�aa i � fafii$ ifi`� m � m
7n
m zng
n T
cn N E5€€FEES€SSy55 SaoSEES€€EE5§€EE5€€€€E5 €€E5C€$ �
m oy €s o 0 0 osaegx egatl€ §£ §agffFEmisE�ga 'sgagsgE5 "�
z o55 �8�="55 �.g55
Ofr lm=»$s� s s�L x u d gg d"g e� P s k z ggE a•¢S P re Y P P d a
§ m
0 q g E gmSgaa
ocn
"IR
s:
m s qs§aY 3v'°' �3.ie €g is @. a a:; n.8 s z 8p1j.-R 'sea $s$$i°.F s:$qaF�
mT. za;x¢a �a '� ga¢€ &q' R. R gss §" S ^,. 1.ea '
d.s§- as �a1aag $ L3� g$ g� 9R ff ¢P
;le mz0 r Rg : s&aq $ Sx ss sao §as ;z M
CmZ —I x Him -.k— a
e o to r (n a. 00 g§. s €kq � $amxs sseQm gm: %g.$ Gsssa o$ sgo§
z n z O z W O m N < °$e s; q a§0v i §os� R es° ass s x% fs -
g= �
i�rnz�vim� gm o� s& o a a ¢ % W m 18
m8 UP
a lam
e s¢ o m m�<D rn m z i :Ea� A Z s'A g'sAv ymxs - k ° $a's
�x r\ S0<m M<moN mr o �
z D D 0 o W 7,� N Pm A a$pP. xo. � 8$e s ffi §xa Pea � 6
00cn20j p O� €a@g U.; & d Sd _ §4.6Re 8g a
X y m m o o m= ^.so ap as a w3E.$g "iMm A � o�$'� M� v�G 3s��
n D Z' �s z �gs�� �. ° s� a a€-a s as sea
0 tn' 0 g¢§a a§ a aka s sa �w' r
a ¢@ z z R1 �..xsa' aga § Ra a k� s° m �9s_° ° $$
O fn a3s$ � Sz arias ""° ng a§ s g $g$ ;,a sm°-¢amsgwg s-R
CIA `w aQ sa s,_s'%s U$a-z ama a
EXHIBIT C
Depiction and description of the Encroachment
Tier TT Easement Encroachment Agreement Page 13 of 14
PN22-00009
LEGEND
----------- 3'YARD FENCE IN EASEMENT
NORTH
6' PERIMETER FENCE IN
EASEMENT
GRAPHIC SCALE IN FEET
0 20 40 80
24'DRAINAGE
EASEMENT
(O.R.D.C.2021-399)
SEE EXHIBIT
FOR PROFILE
\
\ Imo\
\ A2
\ N
\ \ W
W
\ / Z
�-77 U
OWNER/DEVELOPER: LITSEY CREEK E''NYG7yIN�*_EEHR:
MCA LITSEY CREEK OWNERS,LP COTTAGES EXHIBIT B-� 8010ERRY STREET
400 S.RECORD ST,SUITE 1200 IPRC RECORD NO IPRC20-0155 PLAN VIEW (1 OF 5) SUITE TX
DALLAS,TX 75202 FORT WORTH. 76102
CITY PROJECT NO 103091 ENGINEERING FIRM REGISTRATION
ON#F-928
LEGEND
----------- 3'YARD FENCE IN EASEMENT
NORTH
6' PERIMETER FENCE IN
EASEMENT
GRAPHIC SCALE IN FEET
0 20 40 80
i
m i
W h ® N
z
24'DRAINAGE '
,\ EASEMENT
* 3 \ p Q\ (O.R.D.C.2021-399)
\ \\ � N
7° N
om
1 SEE EXHIBIT B-7
\ FOR PROFILE '
/ o
OWNER/DEVELOPER: LITSEY CREEK E''NYG7yIN�*_EEHR:
MCA LITSEY CREEK OWNERS,LP COTTAGES EXHIBIT B-� 8010ERRY STREET
400 S.RECORD ST,SUITE 1200 IPRC RECORD NO IPRC20-0155 PLAN VIEW (2 OF 5) SUITE TX
DALLAS,TX 75202 FORT WORTH. 76102
CITY PROJECT NO 103091 ENGINEERING FIRM REGISTRATION
ON#F-928
LEGEND
----------- 3'YARD FENCE IN EASEMENT �iO
6' PERIMETER FENCE IN
ti
EASEMENT
GRAPHIC SCALE IN FEET
0 20 40 80
°} z
/ SEE EXHIBIT B-B
- I FOR PROFILE
I I
I I
30 DRAINAGE
EASEMENT
(O.R.D.C.2021-399)
I I
L� I
x ® I
I ICI
� I
� I LooI
� I H I
3.0' I
TYP.
® , I I
I 11.7'
20.7
W
O
MATCHLINE EXHIBIT B-4
OWNER/DEVELOPER: LITSEY CREEK E''NYG7yIN�*_EEHR:
orn
MCA LITSEY CREEK OWNERS,LP COTTAGES EXHIBIT B-� 8010ERRY STREET
400 S.RECORD ST,SUITE 1200 IPRC RECORD NO IPRC20-0155 PLAN VIEW (3 OF 5) SUITE TX
DALLAS,TX 75202 FORT WORTH. 76102
CITY PROJECT NO 103091 ENGINEERING FIRM REGISTRATION
ON#F-928
LEGEND
----------- 3'YARD FENCE IN EASEMENT �iO
6' PERIMETER FENCE IN
ti
EASEMENT
GRAPHIC SCALE IN FEET
0 20 40 80
MATCHLINE EXHIBIT B-3
/FL
I
I ® � 11.7' I
® z0.7' I
3.0'
® I TYP.14 1 :::::7
I
I 1.7'
L y ®
� I v-7
JI
C)
I ZI
H
of
`"
® )
® � � H ®
I I I
�I
30'DRAINAGE i
I �
EASEMENT
LiTL
(O.R.D.C.2021-399) SEE EXHIBIT B-9
0'po 0 0 FOR PROFILE
i
s --ENDEAVOR. ""T
50' R.O.W.
OWNER/DEVELOPER: LITSEY CREEK EKkn''N7yIN�*_EEHR:
�_YG
orn
MCA LITSEY CREEK OWNERS,LP COTTAGES EXHIBIT B-4 801 CHERRY STREET
400 S.RECORD ST,SUITE 1200 IPRC RECORD NO IPRC20-0155 PLAN VIEW (4 OF 5) SUITE TX
DALLAS,TX 75202 FORT WORTH. 76102
CITY PROJECT NO 103091 ENGINEERING FIRM REGISTRATION
ON#F-928
LEGEND
----------- 3'YARD FENCE IN EASEMENT
6' PERIMETER FENCE IN NORTH
EASEMENT
GRAPHIC SC LE IN FEET
0 20 40 80
I �
I
\ \ 94 /
SEE EXHIBIT B-10 /
FOR PROFILE
o�o
\ / /
35'SANITARY
\ / / SEWER EASEMENT
SANITARY SEWER EASEMENT
INST.NO.2015-3024
\� \ O.R.D.C.T.
OWNER/DEVELOPER: LITSEY CREEK ENGINEER:
MCA LITSEY CREEK OWNERS,LP EXHIBIT B-5 801 CHERRY
STREET
COTTAGES 801CHERRY STREET
400 S.RECORD ST,SUITE 1200 IPRC RECORD NO IPRC20-0155 PLAN VIEW (5 OF 5) SUITE TX
DALLAS,TX 75202 FORT WORTH. 76102
CITY PROJECT NO 103091 ENGINEERING FIRM REGISTRATION
ON#F-928
HORIZONTAL. 1"=40'
VERTICAL: 1"=4'
600 600
595 595
6 ORIJAME TAL
--
REF.METAIL
PR PO ED
GRADE
590 590
.5'
(Typ)
585 585
w GRADE
580 580
575 575
5701 1 1 1 1 1 1 1 570
-0+25 0+00 0+50
OWNER/DEVELOPER: LITSEY CREEK E''NYG7yIN�*_EEHR:
orn
MCA LITSEY CREEK OWNERS,LP COTTAGES EXHIBIT B-� 8010ERRY STREET
400 S.RECORD ST,SUITE 1200 IPRC RECORD NO IPRC20-0155 PROFILE VIEW (1 OF 5) SUITE TX
DALLAS,TX 75202 FORT WORTH. 76102
CITY PROJECT NO 103091 ENGINEERING FIRM REGISTRATION
ON#F-928
HORIZONTAL. 1"=40'
VERTICAL: V=4'
595 595
6'C RNA MENTAL
REF. DE FAIL
12 7' [- "OP SE
G AD
5901 590
0
5 0'
585 585
RA E
582 582
-0+25 0+00 0+50
OWNERIDEVELOPER: LITSEY CREEK ENGINEER:
EXHIBIT B-7 K111L-f l
MCA LITSEY CREEK OWNERS,LP COTTAGES 801CHERRY STREET
400 S.RECORD ST,SUITE 1200 IPRC RECORD NO IPRC20-0155 PROFILE VIEW (2 OF 5) SUITE TX
DALLAS,TX 75202 FORT WORTH. 76102
CITY PROJECT NO 103091 ENGINEERING FIRM REGISTRATION
ON#F-928
HORIZONTAL. 1"=40'
VERTICAL: V=4'
NAM TAL
EN E
REF DETAIL
595 595
.PROPOSED
GRADE
590 7.5' 590
( YP.
585 585
W ;
XIS ING
RA E
580 580
575 575
570 1 1 1 1 1 1 1 1 570
-0+25 0+00 0+50
OWNER/DEVELOPER: LITSEY CREEK E''NYG7yIN�*_EEHR:
orn
MCA LITSEY CREEK OWNERS,LP COTTAGES EXHIBIT B-8 8010ERRY STREET
400 S.RECORD ST,SUITE 1200 IPRC RECORD NO IPRC20-0155 PROFILE VIEW (3 OF 5) SUITE TX
DALLAS,TX 75202 FORT WORTH. 76102
CITY PROJECT NO 103091 ENGINEERING FIRM REGISTRATION
ON#F-928
HORIZONTAL. 1"=40'
VERTICAL: 1"=4'
'�---6-'OWIAMENTAL
FENCE
R F. ETAIL
595 595
PR PO ED
G DE
590 (T P.) a 590
Lu
EXI TIN
GR DE
585 585
582 582
-0+25 0+00 0+50
OWNER/DEVELOPER: LITSEY CREEK E''NYG7yIN�*_EEHR:
orn
MCA LITSEY CREEK OWNERS,LP COTTAGES EXHIBIT B-9 8010ERRY STREET
400 S.RECORD ST,SUITE 1200 IPRC RECORD NO IPRC20-0155 PROFILE VIEW (4 OF 5) SUITE TX
DALLAS,TX 75202 FORT WORTH. 76102
CITY PROJECT NO 103091 ENGINEERING FIRM REGISTRATION
ON#F-928
HORIZONTAL. 1"=40'
VERTICAL: 1"=4'
605 605
XIS ING
Rbll
600 600
6' RNAMENIAL
FFME
REF. DETAIL
595 595
PROPOSED
( YP.
590 590
wco
0
585 585
-0+25 0+00 1+00 1+25
OWNER/DEVELOPER: LITSEY CREEK E''NYG7yIN�*_EEHR:
orn
MCA LITSEY CREEK OWNERS,LP COTTAGES EXHIBIT B-�O 8010ERRY STREET
400 S.RECORD ST,SUITE 1200 IPRC RECORD NO IPRC20-0155 PROFILE VIEW (5 OF 5) SUITE TX
DALLAS,TX 75202 FORT WORTH. 76102
CITY PROJECT NO 103091 ENGINEERING FIRM REGISTRATION
ON#F-928
EXHIBIT D
Certificate of Insurance
Tier TT Easement Encroachment Agreement Page 14 of 14
PN22-00009