HomeMy WebLinkAboutContract 57844 Date Received: Jul 18, 2022 Record Number: PN22-00087
Time Received: 11 :22 am City Secretary No.: 57844
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
TIER II
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 Palladium East Berry, Ltd., a(n)
Texas limited partnership ("Licensee"), acting by and through its duly authorized
signatory.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 2350 East Berry
Street, Fort Worth, Texas 76105 ("Property"), being more particularly described in the
attached Exhibit"A"which is incorporated herein for all purposes; and
WHEREAS,the City owns a drainage easement(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 Tarrant County as plat number FS-22-125;
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 a private water line, sewer line, and fence (the "Encroachment"). Upon
completion of the Encroachment, Licensee agrees to be responsible for maintaining the
Encroachment within the Public Property. Licensee shall not expand or otherwise cause
Tier II Easement Encroachment Agreement OFFICIAL RECORD
Page 1 of 14
PN22-00087 CITY SECRETARY Revised 11/2020
FT. WORTH, TX
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 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 the City determines that any installation, reinstallation,
relocation, or repair within the Public Property of any existing or future utility or
improvements owned by or constructed by or on behalf of the public or at public expense
("Public Improvement") would include increased costs (which is not to be reimbursed by
a third party)by virtue of the construction,maintenance, or existence of the Encroachment
and use of Public Property ("Additional Cost"), except in cases of an emergency as
determined by the City in its sole discretion,the City will notify Licensee of the Additional
Cost for the Public Improvement and provide Licensee up to sixty (60) days to review and
discuss with the City the proposed construction and maintenance plans to attempt to reduce
the Additional Cost for the Public Improvement ("Review Period"). If, after the Review
Period, the Director of Transportation and Public Works, the Director of the Water
Department, or the Director of the Development Services Department, or their duly
authorized representative, determines that such Additional Cost is necessary,
Licensee shall pay to the City an amount equal to such Additional Cost,provided (i) such
Additional Cost is based on competitively bid contracts or the actual cost incurred by the
City for any in-house work, and (ii) the City shall make a good faith effort to minimize
such Additional Costs. In the event a Public Improvement is deemed by the City to be an
emergency that requires immediate attention, Licensee shall pay to City the Additional
Cost required for the Public Improvement with no Review Period.
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.
Tier II Easement Encroachment Agreement
Page 2of14
PN22-00087 Revised 11/2020
The City shall have no responsibility or liability for any damages or disruption related to
the Encroachment resulting from the City's use of the Public Property; however, the City
shall make reasonable efforts to minimize such disruption and damage.
5.
Upon termination of this Agreement, Licensee shall, at the option of and at no
expense to the City, remove or abandon-in-place the Encroachment and restore the Public
Property to a condition acceptable to the Director of Transportation and Public Works,the
Director of the Water Department,or the Director of the Development Services Department
or their duly authorized representative. Any such removal or abandon-in-place 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 or abandon-in-place 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.
Licensee has applied for, and the City has certified the Property as part of a
Neighborhood Empowerment Zone (NEZ) under Project Certification NZ22-00562 in
NEZ Area Six. In accordance with the NEZ Basic Incentives and Tax Abatement Policy,
which was approved by the Fort Worth City Council under M&C G-19467 on January 29,
2019,Licensee is eligible for a waiver of all Building Permit related fees and therefore,the
application fee for this Agreement has been waived. Throughout the term of this
Agreement,
7.
The term of this Agreement shall be for forty(40)years, commencing on the date
this Agreement is executed by City. In the event Licensee shall fail to comply with the
terms and conditions contained in this Agreement for a period of thirty (30) days after the
City notifies Licensee of such default in writing, if Licensee provides City with evidence
that Licensee is diligently pursuing a cure of the alleged default and same is not
susceptible of cure within the thirty (30) day period, Licensee shall have a total of ninety
(90) days within which to cure same. If not cured within such ninety (90) day period,
then City may at its election immediately terminate this Agreement, and upon such
termination all of Licensee's rights hereunder shall cease and come to an end.
8.
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
Tier II Easement Encroachment Agreement
Page 3of14
PN22-00087 Revised 11/2020
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.
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 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 ENCROACHMENT 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 the Public Property as located and described in Exhibit "C." The amounts
of such insurance shall be not less than
$1,000,000
Tier II Easement Encroachment Agreement
Page 4of14
PN22-00087 Revised 11/2020
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.
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.
Tier II Easement Encroachment Agreement
Page 5of14
PN22-00087 Revised 11/2020
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.
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 Tarrant
County, Texas. This Agreement shall be governed by the laws of the State of Texas.
Tier II Easement Encroachment Agreement
Page 6of14
PN22-00087 Revised 11/2020
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]
Tier II Easement Encroachment Agreement
Page 7of14
PN22-00087 Revised 11/2020
City: Licensee:
CITY OF FORT WORTH Palladium East Berry, Ltd.
A Texas limited partnership
By: Palladium East Berry, GP, LLC
A Texas limited liability company
It's general partner
By:DJ Harrell(Jul 15,202216:09 CDT) By:
D.J. Harrell, Director of the Name: Thomas E. Huth
Development Services Department Title: Authorized Signatory
Date: Jul 15, 2022 Date: 7-15-2022
f OR
00006.
00
Ay
F�°
° ° mod
o()° =d
°
0
ATTEST: a °°°°°°°°° °°V Approved As To Form and Legality
a�*XAsoa
Tgnnette S. Goo�%ll
Jannette S.Goodall(Jul 18,2022 08:15 CDT) a
Jannette Goodall, Thomas Royce Hansen
City Secretary Assistant City Attorney
Date: Jul 18, 2022
Date: Jul 15, 2022
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
b�m_e_,1�k�
Dwayne olla rs for(J u 115,2022 5:55 CDT)
Janie S. Morales
Development Services
Date: Jul 15, 2022
Tier II Easement Encroachment Agreement OFFICIAL RECORD
CITY SECRETARY
PN22-00087 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 15th day of
July , 20 22 .
o,�p.RYPGe/ JENNIFER L. EZERNACK
Digitally signed b Jennifer z Notary Public
Jennifer 9 Y 9 Y • ♦ STATE OF TEXAS
Ezernack Ni GV P Notary I.D. 130561630
Eze r n ac k Date:2022.07.15 16:23:02-05'00' 9�oF My Comm.Exp.Mar. 1,2024
Notary Public in and for the State of Texas
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
OFFICIAL RECORD
Tier II Easement Encroachment Agreement CITY SECRETARY
FT. WORTH, TX
PN22-00087
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 Thomas E. Huth, Manager and authorized
signatory, 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 Palladium East Berry, Ltd., a Texas
limited partnership, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 15th
day of July, 2022.
AVIS Digitally signed by
Avis Chaisson
Chaisson Date:2022.07.15
15:13:19-05'00'
Notary Public in and for the , .:•F.�• d,�.
fAmmHtim/1891H7.9
STATy OF
State of Texas °F 6 My C.'.'ETEXAS.M
My Cornri Frp.M.23.2024
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Tier II Easement Encroachment Agreement
Page 10 of 14
PN22-00087 Revised 11/2020
EXHIBIT A
Description of the Licensee's Property
Tier II Easement Encroachment Agreement
Page 11 of 14
PN22-00087 Revised 11/2020
® ScaIe:1"=200'
r
II
ENCROACHMENT TRACT 1
. /
ENCROACHMENT TRACT 2 a�
III
E• BED iz7 m �..., .oJ
II
EXHIBIT A
ENCROACHMENT SITE PLAN
DEVELOPER: PALLADIUM E BERRY ENGINEER:
Palladium East Berry, Ltd. CPN #104031 UN�2022 Cross Engineering Consultants, Inc.
,
13455 Noel Road, Suite 400 J 1720 W. Virginia
Dallas, Texas 75240 (McKinney, Texas 75069
OSS CRCONSULTANTS,Inc,
OVERALL ENCROACHMENT LAYOUT
I 1 1 P.O.C. _
TRACT 1 1
5f8° IRF W/Cap 3
WW WARD:RPLS 2014
\\ 19 (CM)",
2
\ \ \ 32
�'°� 33
o ! g:�:�7 \4:,'� \ \ /✓' BLOCK 2
10
SOUTHPORT ADDITION
Vol. 388—G, Pg. 10
• ''�, P.R.T.C.T. 1
o LOT A. BLOCK 1
ENCROACHMENT 9
/ McDONALD BRANCH OF .;I TRACT 1 _ f \\ \\~
` Y.M.C.A. ADDITION . `.. : ` \ �\
o Vol. 388-55, Pg. 18 1 BLOCK 15 (f"" \\
\ P.R.T.C.T. \
\ �:: SOUTHPORT ADDITION J� o-- ~\
Vol. 388—G, Pg. 10 M) g
P.R.T.C.T. /`' o I
\ /YMCA OF METROPOLITAN
\ f / FORT WORTH I 7
Inst. No. D198131543, I
/ \ \ Inst. No. D198009610,
Inst. No. 214088665 &
Inst. No. 214088666 I�
D.R.T.C.T, I I co 6
0
.'` ...... ENCROACHMENT,.:. I I Q.
w
TRACT 2 z La 3
..................................
m �-
...................
Uj
.............
................ 3 - I I\. :.... II 4
::::: �: I >> Z 3
N
. .. :
3
2 1
I I
P.O.C. - I
I Jesse Justice Survey, IA-859
TRACT 2 Q ¢i I 1 ames Huie Survey, A-799
1' IRF (CM) �'
z E. BERRY f
-- N (go, wide ;9 STREET R SOUTH ` f
Q aP Way)
Fort Worth Affordability, Inc.
=Id
LOT 1, BLOCK A C6 Eo
COBB PARK TOWN HOMES ADDITION
Inst. No. D201 150219
D.R.T.C.T.
N
RINGLEY &ASSOCIATES, INC.
SURVEYING•MAPPING-PLANNING
Texas Finn Registration No. 10061300
701 S. Tennessee— McKinney, Texas 75069
9 (972) 542-1268
Drawn by Scale
PALLADIUM EAST BERRY ADDITION 46�Ad 1 06/14/2022 N.T.S.
E. Berry Street Job I Title Sheet
Fort Worth, Texas 2021-036 2021-036—EX—ECR.DWG 2 of 6
3 N
` TRACT 1
518" IRF W/Cap
WW WARD RPLS 2014
\ \ I + ! ! BLOCK 2
SOUTHPORT ADDITION
h. \ `"J / Vol. 388-0, Pg. 10 Scale: 1"=60'
I \ P.R.T.C.T.
I.. .I
5' UTILITY EASEMENT
Vol. 3 g. 10
P.R.T.C.T.VA
O I F4jF' 0
o
':. :. Fss \ �.'...� sty \ `��14
0
\ :;•, ` \. BLOCK 2
Q\� -.a
0 00 �... SOUTHPORT ADDITION
_ F I \ \ \ �2. `� Vol. 388-G, Pg. 10
PROPOSED y' \ \� P.R.T.C.T.
O¢j> I VARIABLE WIDTH
cG O c3 WATER EASEMENT \ \
Q®Q m1 10' UTILITY EASEMENT V\� \ K/. 5' UTILITY EASEMENT
(3a 00 m Vol. 388-G, Pg. 10 \ !�'"' Vol. 388-55, Pg. 10
z P.R.T.C.T.I- M \ �° /
o O �'.'.,� \ �\ P.R.T.C.T.g
(Abandoned BY
0 9 Proposed Plat)
�. BLOCK 15
I SOUTHPORT ADDITION �...
Vol. R.C.T.g. 10
P.R.T.C.T.
.
I PROPOSED /'.'.' '
.1.1R
.
T VARIABLE WIDTH , r
DRAINAGE EASEMENT
`'TRACT 1
N z 227 Sq. Feet',, 112 IRF
PROPOSED f ": 0.005 Acres (CM)
26' EMERGENCY ACCESS /
m EASEMENT
E ..._ �/ YMCA OF METROPOLITAN
I' 10' UTILITY EASEMENT FORT WORTH
Vol. 388-G, Pg. 10 / "" / Inst. No. D198131543, o z wi V)
€ P.R.T.C.T. Inst. No. D198009610, w w L. o w a ' I
\ 1 (Abandoned By :..'.� / Inst. No. 214088665 & —�i o W n ! .—gym I
\ 1 Proposed Plat) Inst. No. 214088666 o W(n i a 0, I
\ D.R.T.C.T. w >
I� LINE TABLE ° -{------
LINE BEARING DISTANCE
9 OF
L2 S 31 0'3412 W 15.14 11 ,.. ... T
L3 N 50'42 24 W 15.14 Q;�•G�S rfR••.
L4 N 31'3412' E 15.14'
L5 S 50'42 24" E 15.14 ....: ......fi.f...f...f...
LEGEND L. H. RINGLEY
N.N.N1fNffNNNf fHffNiNN►
P.O.B. = POINT OF BEGINNING 4701 ; EASEMENT ENCROACHMENTS
P.O.C. = POINT OF COMMENCINGInst �' TRACT 1
Vol. Volume Y�
�11 •No. = Instrument Number ...•. James Huie Survey,Abstract No. 799
Vol. =
Cab. = Cabinet City of Fort Worth, Tarrant County, Texas
Pg. = Page
P.R.R.C.T. = Plat Records, Tarrant County, Texas x
D.R.R.C.T. = Deed Records, Tarrant County, Texas
IRF = Iron Rod Found �Y701
GLEY &ASSOCIATES, INC.
CM = Controlling Monument
SURVEYING-MAPPING-PLANNING
Texas Firm Registration No. 10061300
REFERENCE BEARING . Tennessee- McKinney, Texas 75069
6 (972)542-1266
The bearings shown hereon are geodetic derived from GPS observations and Drawn by Date Scale
measurements utilizing the StarNET RTK Network and is also referenced to City of
Fort Worth Monument #6128. NAD83, Texas State Plane Coordinates, North Central .44 �Zd 06/14/2022 1"=60'
Zone (4202).
Job I Title T Sheet
A metes & bounds description of equal date accompanies this Easement Exhibit. 2021-036 2021-036-EX-ECR.DWG 3 of 6
SANITARY I••I ..... .• '�/� / PROPOSED~ `�
Vol.E 388-555,EPg. 18 ,\ '.�✓'_�'�/ 15 `VARIABLE WIDTH
P.O.B. :'�y
P.R.T.C.T. r '.'.'.'.".' ! DRAINAGE EASEMENT
(Abandoned By .• � 10' UTILITY EASEMENT
Proposed Plat y
P ) y Vol. 388—G, Pg. 10 J�
Scale: 1"=50' (Abandoned By
.......'.'.i.' L1 This Plat)
:.1 TRACT 2
J 375 Sq. Feef
0.009 Acres
••• .•• .• .' �'.�_ � / \ PROPOSED
26' EMERGENCY ACCESS
• EASEMENT
LOT A. BLOCK 1 ... N O
McDONALD BRANCH
OF Y.M.C.A. ADDITION
Vol. 388-55, Pg. 18
P.R.T.C.T.
10' T.E.S.Co. BLOCK 15
I ELECTRIC EASEMENT C)
Vol. 3941, Pg. 406 I SOUTHPORT ADDITION
J Vol. 3951, Pg. 397 Z o o I Vol. 388—G, Pg. 10
j D.R.T.C.T. .� . V w I P.R.T.C.T. I I
This Portion d z0 2
Abandoned By Sep. Inst.) ` a w a I YMCA OF METROPOLITAN
Inst. No. FORT WORTH
D.R.T.C.T. i Inst. No. D198131543,
Inst. No. D198009610,
a
Inst. No. 214088665 &
a I Inst. No. 214088666 \
I. .� D.R.T.C.T.
I •
5' UTILITY EASEMENT I r ~
Vol. 388-55, Pg. 18 — P.R.T.C.T.
(This Portion Abandoned ' -
0
By Proposed Plat)
RESERVED FOR STREET
Vol. 388—G, Pg. 10
P.R.T.C.T.
P.O.C. PROPOSED
TRACT 2 15'X25'
1" IRF (CM) a w WATER EASEMENT
goRRo'eYR9 TREET Sou
r _ �=
LO way) H
O N
LINE TABLE m E
LINE BEARING DISTANCE 0 ��j..OF� T
L1 IN91 E 47.50 ,GksrfR''
L2 3
N 9.17 36 36 E 25.03
L3 S 53'29 12 E
L4 S 39'17 36 W 25.03 """"""""""""""•""`
L5 N 53'2912 W 15.02 L. H. RINGLEY
.................................
LEGEND .t�o 4701
P.O.B. = POINT OF BEGINNING EASEMENT ENCROACHMENTS
P.O.C. = POINT OF COMMENCING TRACT 2
Inst. No. = Instrument Number James Huie Survey,Vol. Volume y,Abstract No. 799
Cab. = Cabinet City of Fort Worth, Tarrant County, Texas
Pg. = Page
P.R.R.C.T. = Plat Records, Tarrant County, Texas x
D.R.R.C.T. = Deed Records, Tarrant County, Texas
IRF = Iron Rod Found �Y701
GLEY &ASSOCIATES, INC.
CM = Controlling Monument SURVEYING-MAPPING-PLANNING
REFERENCE BEARINGTexas Firm Registration No.10061300
. Tennessee—Maloney, Texas 75069
6 (972)542-1266
The bearings shown hereon are geodetic derived from GPS observations and Drawn b Date Seale
measurements utilizing the StarNET RTK Network and is also referenced to City of
Fort Worth Monument #6128. NAD83, Texas State Plane Coordinates, North Central " dd 06/14/2022 1"=50'
Zone (4202).
Job I Title Sheet
A metes & bounds description of equal date accompanies this Easement Exhibit. 2021-036 2021-036—EX—ECR.DWG 4 of 6
ENCROACHMENT
LEGAL DESCRIPTION
Tract 1
BEING a 227 square foot parcel of land situated in the City of Fort Worth, in the James
Huie Survey, Abstract No. 799 of Tarrant County, Texas and being a part of Block 15 of
Southport Addition, an addition to the City of Fort Worth, Texas, according to the plat
thereof, recorded in Volume 388—G, Page 10, P.R.T.C.T. and also described in a Special
Warranty Deed to YMCA of Metropolitan Fort Worth, recorded in Instrument No.
D214088666, Deed Records, Tarrant County, Texas (D.R.T.C.T.) and said parcel of land
being more particularly described by metes & bounds as follows:
COMMENCING at a 5/8 inch iron rod, topped with a yellow plastic cap, stamped "W.W.
Ward, RPLS 2014" found for the north corner of the above described Block 15 of
Southport Addition and same being westerly southwest corner of Block 2 of said
Southport Addition and same being on the east line of Lot A, Block 1 of McDonald
Branch of Y.M.C.A. Addition, an addition to the City of Fort Worth, Texas, according to
the plat thereof, recorded in Volume 388-55, Page 18, P.R.T.C.T.;
THENCE: South 50 deg. 42 min. 08 sec. East, along the common line of said Block 15
and said Block 2, a distance of 339.12 feet to point in the southwesterly end of Spiller
Street (50' wide right—of—way);
THENCE: South 39 deg. 17 min. 52 sec. West, departing from Spiller Street and said
common line, over & across said Block 15, a distance of 49.09 feet to the POINT OF
BEGINNING and the east corner of this hereinafter described parcel of land;
THENCE: South 31 deg. 34 min. 12 sec. West, continuing across said Block 15, a
distance of 15.14 feet to a point for the south corner of this parcel of land;
THENCE: North 50 deg. 42 min. 24 sec. West, continuing across said Block 15, a
distance of 15.14 feet to a point for the west corner of this parcel of land;
THENCE: North 31 deg. 34 min. 12 sec. East, continuing across said Block 15, a
distance of 15.14 feet to a point for the north corner of this parcel of land;
THENCE: South 50 deg. 42 min. 24 sec. East, continuing across said Block 15, a
distance of 15.14 feet to the POINT OF BEGINNING and containing 227 square feet or
0.005 acres of land.
OF. T
Lawrence H..Ri .P.L.S. �' '"��sTER'•
State of Texas, No. �4701 �
!!!H!N►Nfflp!!!!!!!►!!!!!lHff
June 14, 2022 L. H. RINGLEY
!!!N!!!H!N!!N!!!N!!!!flfflN!
a 4701
o. p
*;Fss;!. .
�(J EASEMENT ENCROACHMENTS
TRACT 1
James Huie Survey,Abstract No. 799
City of Fort Worth, Tarrant County, Texas
REFERENCE BEARING N
The bearings shown hereon are geodetic derived from GPS RINGLEY &ASSOCIATES, INC.
observations and measurements utilizing the StarNET RTK Network SURVEYING.MAPPING-PLANNING
Texas n m Registration No. 10061300
and is also referenced to City of Fort Worth Monument #6128. 701 S. Tennessee -McKinney. Texas 75069
NAD83, Texas State Plane Coordinates, North Central Zone 9 (972)542-1266
(4202). Drawn by Date Scale
.&i Al d 06/14/2022 N.T.S.
A metes & bounds description of equal date accompanies Job Title TSheet
this Easement Exhibit. 2021-036 2021-036—EX—ECR.DWG 5 of 6
ENCROACHMENT
LEGAL DESCRIPTION
Tract 2
BEING a 375 square foot parcel of land situated in the City of Fort Worth, in the James
Huie Survey, Abstract No. 799 of Tarrant County, Texas and being a part of Block 15 of
Southport Addition, an addition to the City of Fort Worth, Texas, according to the plat
thereof, recorded in Volume 388-G, Page 10, P.R.T.C.T. and also described in a Special
Warranty Deed to YMCA of Metropolitan Fort Worth, recorded in Instrument No.
D214088666, Deed Records, Tarrant County, Texas (D.R.T.C.T.) and said parcel of land
being more particularly described by metes & bounds as follows:
COMMENCING at a 1 inch iron rod found on the north right—of—way line of E. Berry
Street South (90' wide public right—of—way) at the intersection of the west line of said
Huie Survey and the east line of the Samuel B. Hopkins Survey, Abstract No. 669, for
the southwest corner of the above described Block 15 of Southport Addition and the
southeast corner of Lot A, Block 1 of McDonald Branch of Y.M.C.A. Addition, an addition
to the City of Fort Worth, Texas, according to the plat thereof, recorded in Volume
388-55, Page 18, P.R.T.C.T.;
THENCE: North 00 deg. 44 min. 12 sec. West, departing from said E. Berry Street, along
the common line of said Survey Abstract lines and said Lot A and said Block 15, a
distance of 202.94 feet to a point;
THENCE: North 89 deg. 15 min. 14 sec. East, departing from said common line, over &
across said Block 15, a distance of 47.50 feet to the POINT OF BEGINNING and the west
corner of this hereinafter described parcel of land;
THENCE: North 39 deg. 17 min. 36 sec. East, continuing across said Block 15, a
distance of 25.03 feet to a point for the north corner of this parcel of land;
THENCE: South 53 deg. 29 min. 12 sec. East, continuing across said Block 15, a
distance of 15.02 feet to a point for the east corner of this parcel of land;
THENCE: South 39 deg. 17 min. 36 sec. West, continuing across said Block 15, a
distance of 25.03 feet to a point for the south corner of this parcel of land;
THENCE: North 53 deg. 29 min. 12 sec. West, continuing across said Block 15, a
distance of 15,02 feet to the POINT OF BEGINNING and containing 375 square feet or
0.009 acres of land.
��'•OF.
0.
Lawrence H. Rig , R.P.L.S. ••••�••••••••••••••••••••••�••••
State of Texas, No. 4701 �••L:••H ••RINGLEY••••
4701
June 14, 2022 �y�j�tc•E S S �c'P•��
EASEMENT ENCROACHMENTS
TRACT 2
James Huie Survey,Abstract No. 799
City of Fort Worth, Tarrant County, Texas
REFERENCE BEARING N
The bearings shown hereon are geodetic derived from GPS �Y701
GLEY &ASSOCIATES, INC.
observations and measurements utilizing the StarNET RTK NetworkSURVEYING-MAPPING-PLANNING
Texas Firm Registration No. 10061300
and is also referenced to City of Fort Worth Monument #6128. S. Tennessee7, McKinney, Texas 75069
NAD83, Texas State Plane Coordinates, North Central Zone 6 2
(4202). Drawn by Date Scale
06/14/2022 N.T.S.
A metes & bounds description of equal date accompanies Job Title I Sheet
this Easement Exhibit. 2021-036 2021-036—EX—ECR.DWG 6 of 6
EXHIBIT B
Depiction of the Public Property
Tier II Easement Encroachment Agreement
Page 12 of 14
PN22-00087 Revised 11/2020
O alpo =-
N z •eo
10
-m`�� vuar`8= �'•� ��
z H I s
0
r
a mz
I
II
aavl1E
I
I SANUGATE STREET .\ I O S�
I I I \\\\ C v l
` -- z
am f,
en I
9„BS,YS.00 S _1 -
- El
NN
tt� I {W� c� � i4➢'1+39_E-143i-___'�E/ I FE:awo
1 e °6e nay. now / �-�/�-- _ o00o
HNl{Q LLtlNOJHtl ` O m����N N
/ X°/-7—IOF33<Fae•w=IEe.3s--�-� �� €m €�E f I a � oFov E m m a ,
Am.
Ib .
aW€ °•
A.
sit
peg
"e "s
€ \3 _ \ \\ oz\ WI m
"s6 i '3�•`I"2m�1
~ - ��/2,LL
" I E
i
_—————— -- ---. ._— —_----- —__— ——— ———— ---\\—�--I 90_ J
\ �35 a
W
E6 .y &fY gE2 �a�_° _ � _ ��s
R Ey ° b5 5° `dm° �.>.
cE MS s g e f" _` g" "a a� °€`= g` �•jae„'
o�`av5 _ �evSe _ �s`m �Oaac Y§�.�g
HF
'°ev 5 j;P_ old
w. a L`'^`oYO,° Y.°. s"5`^ "� •i_9E uC�° �4 �'�° °g2 AC2 mud"n co�C`m3 >a5caZlFauiu�gi
l� 'E E°�„''`� °° 4� gv" 9 3 ."-. gy'9g dB=dse YBE,.•R6 2
•9�e '^ `� 929e _c Ss`g5 L^"d`. t.v3�5
�< �e a> .. °�
e ee jRa =3a a ;a 2„ Sga°a y. _ aen 3"^ e._ g` s^`o` g" '.. @ 5�
5..E a9 gi'9 = 3 moo' Im g° All
�` "<5, $ 9`
�`9 'Nil fin vE_Y6a Bs - _ eau Y2 Eaa _ $ �AEg€ 5Fa" �"t ESSa'iN 8 F °:�ao Cea a s� oc- [ ag'Ga
$ 0_0 Hi 14 aa- WPM S` 5a E&m EE
w 'sJR -
�� °34p9 3` a'==boa eaagge' 35 €04 q•E<°yaw
14
ia:=�aEa 59 e: A4€: 5aags�
^w ^a,
H. ,"^, EC`o^`a-`_m g €
z E g c°° YEEgS3 "85 e5<Sw N - 3
v5.. a9 � n� _ s5sa�n.. =6 �" g� _ "5�� e3 ew •z�
NIL _2`s` � Y'.• 5° _ YpEaY� gym.-g"�'$ Ce., [eo me=Ee = 8.5EY• E3;` Ea
N a�= 'ss o eat `° "sEa$g,`^ °§ �� `Ya'�;= 5E° agesE as �Y _aa.wpe="si ° I
N =aa o, �3 -tgd �55S oy =e> 93d @"S = aa$oge c5"&$�{5'. �,. c�er'gggg° sa %^=s'E a $ 5�'A! "Yaa�em�y�m E`E
N ``-En° f°.5r< �5°=.i '� � S€=>9 0 9YEEo AES - f.55.E 5! f3m0.0.1 t-°9vdc� t9 <fiao`EF YS z°�$Eo �°o.E�E€`o5i�.
O o =
LOIU
w=€€�
at<-i We� 9 z.T a S
a 133a15 31tl`JONtlS $`- Q z N 'c F Z u �°c
I" w S.— gap Scs`
— a m N�
T--a' ----- --- - ------
- — --------� o0 a
QR
o's19_E=223e7
s� a
" e
Nuf a--
m
n o
/ r _
.a-
�T ---------
h , 0 , g a o z s. -f o
I w �Ix o /
/h n 3NI1101 - /
a4 af��5jo
$/ �e:awo
I M� PoO cE3o � "a/fir G � 3a m ] � pES.,d v^gym
IF S dd3\r�n ./'� ze y h'y o rO G. y#m
rir
z1a
� 2
w ,� c
I w"g
I d
.1V�—_
< � F
—
40 w a
I o pgo a a Za a a a � a � m
z 3 I p-a E
j j j j d j j j °'-' � u
A.
e use , I+gMS L e eHI � �1 Egg�v` E a� 5€�0 11 121ma _ - `a"Lin e;vad.. �S
E0° a 6c c0`"aa �'EQ $ E eS€a 8m.°. ��o �,F y— e a 9
s s a �'_�y Es�xs � �w zaL3@ Q?: anp�ga 8
" m 3 9`o a AMER'C 4 e
`d �� as. �a �. 3r " s"-
§d E 5 t d� iE —
5„m No 3 _ I»»yg g° 6E"Yd9 �` <5� 5�
a�� E9 �m9 s° rLE fin oE_,"".6a Bt _ eaHP uv All c$ SF Tom HL 9V_"veCeY.^€n� 3
9iy 8 F ,,:�a`oS n" S -°o= "€ aa'Ga
1aa 5 st'j a" 5a 5g Ee Ea 6g a'�s• �� 5€ ' e9� 3 C5 � g o
'sJ€ a 9q "s g �ages3 as e s -
�� ens H;- 9 a6 �� �eY a�9 E sa ...E O ��4p9 3` a'=.boa eaggge' 35 €04 q•m<.�ew
- `e as:��ga1 59 e: e4€: 5a$§s� - a� a@o�a5 s"g ends
�O 4 's9 �a a9s aq o.wa nw "a, any 5' U N s: e " "
Fg : hL `dPe'., ePul €
a"� �F ^y959_vs9r " a`"e`� - 3
`a o va� a9 _ s5sa�n.. =6 e� _ _ e3 ew •z�w e,
n "Y" eae€ 8 vpa 3g'`m9a Y''s E' _ ciQarC 5m;v 8$ E9.� cPm me=E4
i ` `9 j� " - ii§- SC ..c m.9,,: `5" "Y€" 6E<a�5 a
Neas'•` °"sEa$g,ma °�s��� ^�" '� ase_S N1WRI
E,a. _ <:;s.wpo,ei �• g
ri
N �aaa �3 0 �Se SEA .°'s 9"gv�a @"S = I' M
s c5"s$ 7 cue V°°c ¢a E „r''� .E`�
N e° ° •°.5v. �5°".i m� l o SYEEo.°.E9 n - � f3 m0.0.ova mal t9 IN �°o.E�E€`1M av`J oQ �. " vv z n" z<aa aga e{
CO a§ to
f6 r Gm Ca¢ Ono I 1 0
�rz a v-rloop I
oiv _ a
9v 4r 9
SO
.al a
o oa aiNs`" "sC
Rim 19
zo
»t3 aE w o os o
z osn"o o vE 1 OV a abE of
`s'orio W3 oY oil Nils.
o a
z
�5p2 � a
o m
3�0
114.
R19Pmm
oy$19—1.
a AM,
121 p oaW i❑❑�,s,.�`.
it � " vas m° av mm 3> ga _
all d;
FEEL.Ma"��$ p�v Co° c3~ �q°.: �.0
. ° Eta All vo V„v
NOR!
eW° E.cv CWW �� zcv - ma
3iu°'aW3 a ^� rnLG m° =C3 W m„of�ivrvp_ zO
�gOsm x.°a
'.tlT v � �v °c o" o?ns y v°iV mw Ea ri �, y va E - m n n nzzzzzznzn nzn n n to n n n nzzzzn,n ���
oYo aow � J }
�0 Ur mE
Writ m�aa'. 0 .cc-W°o W o yo mpav�'ium s
"All
o E l c
T.'S> ?!y
N __ N o.p q ill oxti A mom a11 zm w333333wwww33;333w3w3;33 F
sv 0 W°' Ell Svc oo° 30
11:0 XS n� �o riC
oI;
rr W3��a o°a° His
a W! cis ti
>° c Wa EC[=
°v vc
-
rn o9 m
Fm ELS •. cgs Es om�
o E°a Eqe % v fifi;wF v
ixm m6Oa E °' o E
\
,.c",Tv o�v�o w'�-F oc.. i 4 gymF r.
� a
W 1 Ea° e`' Nk to
HOW
vFE °ssv ;,om ,syc -' ��°i a�a: Z
E of V !I✓o So 3 c Q A •�-C Z
¢F amp CW� °v gm mLw m m v °`°^ a W
SPIN
11 ° 111 "ov !x1 mK° Ems'' !il
ONO.aW< ~%v mmm� m m-,ou m„z o_>" ° 8w
�S��F`? o° �cd w E� cov Na dv h °e 21M di o
s ra ova Ec Edw lx9 !; E.. E ..x as Ems . -
w,w, iWyWw0.sb �� Al csa Ec a�� W kcnn E., pl COY W .Oa °N1 eo1 `: rK �tt mFFnNo `Vnon annnm�a'V d'i"e
z pm ply a,
vyn
¢d'a oxzFaa o�>, Nmd S a c�m nm a�� ° F
XF },C"" moC.'3 L° Lim LbWq Lm L°im m�N EN., LOC�c _ >
E"'O FCCu°�o rommQ °m✓a °a6 C 2.+m Zu ZGCA o'• zo°
o z Now
Vni uismL w w °E WuW Wva mz wvm wvv W Q�_
C'� O�>°gym Z�°L zm zom z�m zmu zm� Z�IF ZmF zm�a z�° j
in Im Htlh IMH 1 o FEoa poll Fmm W, FICI Faz pill MR1 _m m a�a
a _
I
M
'°'° °r ry�p bbnmo
N §
N g
�E
EXHIBIT C
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement
Page 13 of 14
PN22-00087 Revised 11/2020
I I
I
I
II I Sca I e:1"=20'
v v PROPOSE 15' P BLIC
PROPOSED — — D AINAGE EASE ENT
4 1PR ATE DLM,
WATER LINE
PROPOSED 8" PRIVATE FIRE
LINE 15 00'
ENCROACHMENT AREA
PROPOSED 42"
PUBLIC STORM LINE
A 'd pd . 'A p' d I I I
D I ,Al
p
d ID C
e D
D I I I d
d II I I
D I I I A
®®® .a
I I I
�D
I d D
> . I
q I I1
D 'd e
D
1
EXHIBIT C
ENCROACHMENT TRACT #1
DEVELOPER: PALLADIUM E BERRY ENGINEER:
Palladium East Berry, Ltd. CPN #104031 UN�2022 Cross Engineering Consultants, Inc.
,
13455 Noel Road, Suite 400 J 1720 W. Virginia
Dallas, Texas 75240 (McKinney, Texas 75069
CROSS CONSULTANTS,Inc,
=0=
Sca I e:1"=40'
E�XISTING
645 G kDE - 645
PR POSED J PRIVATE4"DOM.WATER
G DE RO SI S7 A.3.1110
640 640
PRIVATE 8"FIR WA ER
LINE D A
635 4 „ RP 635
630 630
EXHIBIT C
ENCROACHMENT TRACT #1
DEVELOPER: PALLADIUM E BERRY ENGINEER:
Palladium East Berry, Ltd. CPN #104031 UN�2022 Cross Engineering Consultants, Inc.
,
13455 Noel Road, Suite 400 J 1720 W. Virginia
Dallas, Texas 75240 (McKinney, Texas 75069
CROSS CONSULTANTS,Inc,
e
A. LLJ
I
Scale-1"=20'
I
> II I
II PROPOSED 15' PUBLIC
i I DRAINAGE EASEMENT
a e D d —
• el.
PROPOSED 42"
PUBLIC STORM LINE I I °' "
_ I
15,00' e
PROPOSED 4" PRIVATE DOM, WATER LINE
0
o _
In ICv
PROPOSED 8" PRIVATE FIRE LINE
ER-0 OSED 8" PRIVATE SSE
v � 7_77777 I -- -- -
ENCROACHMENT AREA
D '
.I Dd a e e Dd �.d... d. .d.
EXHIBIT C
ENCROACHMENT TRACT #2
DEVELOPER: PALLADIUM E BERRY ENGINEER:
Palladium East Berry, Ltd. CPN #104031 UN�2022 Cross Engineering Consultants, Inc.
,
13455 Noel Road, Suite 400 J 1720 W. Virginia
Dallas, Texas 75240 (McKinney, Texas 75069
OSS CRCONSULTANTS,Inc,
4
_0_
640 6 40 Sca I e:1"=40'
EXISTING
GRADE
PROPOSED
GRADE
635 1 635
PRIVATE 4" DOM.WATER _
PRIVATE 8" FIRE WATER
CROSSING STA. 1+21.25
CROSSING STA. 1+11.23 LINE SD A -
LINE SD A
630 PRIVATE 8'S.S. 630
CROSSING STA. 1+01.22
LINE SD A
625 6 oo'/ 625
6D Lf, 4 „
620 620
EXHIBIT C
ENCROACHMENT TRACT #2
DEVELOPER: PALLADIUM E BERRY ENGINEER:
Palladium East Berry, Ltd. CPN #104031 UN�2022 Cross Engineering Consultants, Inc.
,
13455 Noel Road, Suite 400 J 1720 W. Virginia
Dallas, Texas 75240 (McKinney, Texas 75069
OSS CRCONSULTANTS,Inc,
EXHIBIT D
Certificate of Insurance
Tier II Easement Encroachment Agreement
Page 14 of 14
PN22-00087 Revised 11/2020