HomeMy WebLinkAboutContract 57928 Date Received: 08/01/2022 Permit Number: PN21-00171
Time Received: 12:37 pm City Secretary No.: 57928
PUBLIC PROPERTY RIGHT-OF-WAY ENCROACHMENT LICENSE
AGREEMENT
TIER I
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 EMF Panther Island, LLC, a(n)
Delaware limited liability company ("Licensee"), acting by and through its duly
authorized Signatory.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 401 — 447
North Main Street, Fort Worth, Texas 76164 ("Property"), being more particularly
described in the attached Exhibit"A" which is incorporated herein for all purposes; and
WHEREAS, the City owns rights-of-way (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-20-
076; 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 an awning over pedestrian exit door at the parking garage, a
parking dot/blade sign over garage opening, 5 planters, 34 trees, 5 benches and 3 trash
receptacles (the "Encroachment"). Upon completion of the Encroachment, Licensee
OFFICIAL RECORD
Tier II ROW Encroachment Agreement Page 1 of 14
CITY SECRETARY vised 11/2020
FT. WORTH, TX
agrees to be responsible for maintaining the Encroachment 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 II ROW Encroachment Agreement Page 2 of 14
Revised 11/2020
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 II ROW Encroachment Agreement Page 3 of 14
Revised 11/2020
9.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, OF WHATSOEVER 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
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
$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 "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 II ROW Encroachment Agreement Page 4 of 14
Revised 11/2020
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
respondent 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.
16.
Tier II ROW Encroachment Agreement Page 5 of 14
Revised 11/2020
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.
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 II ROW Encroachment Agreement Page 6 of 14
Revised 11/2020
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Tier II ROW Encroachment Agreement Page 7 of 14
Revised 11/2020
City: Licensee:
CITY OF FORT WORTH EMF Panther Island, LLC
a Delaware limited liab'2� ilit co pany
B y�H a rrel I(J u 129,2022 10:32 CDT) B y:
D.J. Harrell, Director of the Name: Charlie Keels
Development Services Department Title: Authorized Signatory
Date: Jul 29, 2022 Date: —1\- 1%1\zz
ATTEST: Approved As To Form and Legality
.7e?ee&e9 S 6xde?1,,'
Jannette S.Goodall(Aug 1,202211:04 CDT)
Jannette Goodall, Thomas Royce Hansen
City Secretary Assistant City Attorney
Ordinance No. 24161-04-2020
Date: Aug 1, 2022
Date: Jul 27, 2022
b
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v�g °�►.�dd Contract Compliance Manager:
.U o0 0=� By signing I acknowledge that I am the person
'�00 *� responsible for the monitoring and administration
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s p and reporting requirements.
Jan1,9 SGarleJ-�Morales
Janie Scarlett Morales(Jul 28,202215:25 CDT)
Janie S. Morales
Development Services
Date: Jul 28, 2022
OFFICIAL RECORD
Tier II ROW Encroachment Agreement CITY SECRETARY
FT. WORTH, TX
' • � ' � ' � '
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 29th day of
July 52022 .
WendL� Digitally signed by
Y Wendy L.Beardslee Date:
Beardslee 2022.17.2911:17:51 o�PRyPUe`� WENDY L BEARDSLEE
05'00' _ Notary Public
Notary Public in and for the State of Texas N STATE OF TEXAS
Notary I.D. 13323719-3
�rF00 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
Tier II ROW Encroachment Agreement CITY SECRETARY
FT. WORTH, TX
STATE OF §
COUNTY OF §
C-(�)lv;n
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
on this day personally appeared EMF Panther Island, LLC, a Delaware
limited liability company (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 Charlie Keels, a
Authorized Signatory (entity type), and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ZA day of
20 ZZ .
TERRI SMITH
` Notary Public,State of Texas
� '� Comm.Expires 03-29-2026
Notary Public in and for the '' Notary ID 128221592
State of
OFFICIAL RECORD
Tier II ROW Encroachment Agreement CITY SECRETARY
FT. WORTH, TX
EXHIBIT "A"
Legal Description of the Licensee's Property
South Tract
BEING a tract of land situated in the A. Gouhenant Survey, Abstract No. 582, City of
Fort Worth, Tarrant County, Texas and being all of Lots 1-7, 43-48 and part of Lots 8-10,
41-42, Block 5, North Fort Worth Addition, an addition to the City of Fort Worth, Texas
according to the plat recorded in Volume 63, Page 149, Official Public Records of
Tarrant County, Texas, part of Houston Street and a 15-foot wide alley abandoned by
Ordinance No. 2848, recorded in Volume 2289, Page 533, Deed Records of Tarrant
County, Texas and being part of a 3.446 acre tract of land described in Special Warranty
Deed to Tarrant Regional Water District, recorded in Instrument No. D214076713,
Official Public Records of Tarrant County, Texas
North Tract
BEING a tract of land situated in the A. Gouhenant Survey, Abstract No. 582, City of
Fort Worth, Tarrant County, Texas and being all of Lots 12-24, 25-39 and part of Lots
10-11, 40-41, Block 5, North Fort Worth Addition, an addition to the City of Fort Worth,
Texas according to the plat recorded in Volume 63, Page 149, Official Public Records of
Tarrant County, Texas, part of Houston Street and a 15-foot wide alley abandoned by
Ordinance No. 2848,recorded in Volume 2289, Page 533, Deed Records of Tarrant
County, Texas and being part of a 3.446 acre tract of land described in Special Warranty
Deed to Tarrant Regional Water District, recorded in Instrument No. D214076713,
Official Public Records of Tarrant County, Texas
EXHIBIT B
Depiction of the Public Property
Tier II ROW Encroachment Agreement Page 12 of 14
Revised 11/2020
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EXHIBIT C
Depiction and description of the Encroachment
Tier II ROW Encroachment Agreement Page 13 of 14
Revised 11/2020
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BEING a tract of land situated in the A. Gouhenant Survey, Abstract No. 582, City of Fort Worth, Tarrant
County,Texas and being a portion of NW Fourth Street, a 57-foot wide right-of-way and a portion of North
Main Street, a 100-foot wide right-of-way and being more particularly described as follows:
BEGINNING at a 5/8" iron rod with plastic cap stamped "KHA" found at the northernmost corner of a
called 0.0172 acre tract of land abandoned by Ordinance No. 24242-06-2020, and at the intersection of
the westerly right-of-way line of said North Main Street and the southerly right-of-way line of NW Fourth
Street, and at the north corner of Lot 1R1 of North Fort Worth Addition, recorded in Instrument No.
220193316 of the Official Public Records of Tarrant County,Texas;
THENCE South 59°58'03" West, along the northerly line of said 0.0172 acre tract and the southerly
right-of-way line of said NW Fourth Street, a distance of 248.34 feet to a point for corner from which a
mag nail found at the westernmost corner of said 0.0172 acre tract bears South 59°58'03" West, 1.66
feet, same point being at the beginning of a non-tangent curve to the right with a central angle of
19001'52", a radius of 25.50 feet and a chord bearing and distance of North 00°50'34" East, 8.43 feet;
THENCE over and across the right-of-way of said NW Fourth Street and said North Main Street, the
following courses and distances:
In a northeasterly direction, with said non-tangent curve to the right, an arc distance of 8.47 feet to a
point for corner;
North 59057'28" East, a distance of 250.29 feet to a point for corner;
North 30°00'32"West, a distance of 2.75 feet to a point for corner;
North 60°15'22" East, a distance of 4.96 feet to a point for corner;
North 25°18'46" West, a distance of 5.52 feet to a point at the beginning of a non-tangent curve to
the right with a central angle of 68°39'54", a radius of 9.51 feet and a chord bearing and distance of
South 87°30'28" East, 10.73 feet;
In a southeasterly direction, with said non-tangent curve to the right, an arc distance of 11.40 feet to
a point for corner;
South 55°09'34"West, a distance of 5.31 feet to a point for corner;
EXHIBIT B
ENCROACHMENT
Continued on Sheet 2 AGREEMENT
�E OF , A. GOUHENANT SURVEY
GIST' •. ABSTRACT NO. 582
DAVIDJ. De WEIRDT �}; CITY OF FORT WORTH
REGISTERED PROFESSIONAL ....:.........• . . ........... TARRANT COUNTY, TEXAS
LAND SURVEYOR NO.5066 AVID J% EIRDT
13455 NOEL ROAD ......... c r
TWO GALLERIA OFFICE TOWER, • ��'" 066 �: Klmj�y))) HornSUITE 700 OF �� �DALLAS,TEXAS 75240 NO'••.....• C i 13455 Noel Road,Tm Galled Tel,No.(972)7701300
PH. (072)770-1300 $ d R ` �VY/ Towe,,Wlo 700,DaVa,Texas 75240 FIRM 4 10115500 Fax No.(972 239.3020
david.deweirdt@l<imley-horn.com �O .1 Scala I Dl,amby CheckedbV Dale ProeG o Sheet NO.
NIA JCC RHA 0 L 2021 064427400 1 OF 4
DUNN,STACY 10/812021 0:45 AM KADAL_SURVEM644274CYi-ENCORE PANTHER ISLANDIDWGIEXHI01TS1064427406 ENCORE PANTHER ISLAND ENCROACHMENT AOREEMENT.DWC
Continued from Sheet 1
South 30017'40" East, a distance of 5.00 feet to a point for corner;
South 59059'27"West, a distance of 1.91 feet to a point for corner;
South 30e04'00" East, a distance of 417.22 feet to a point for corner;
South 59°59'22"West, a distance of 5.46 feet to a point for corner;
South 30'00'38" East, a distance of 182.27 feet to a point for corner;
South 59°59'27" West, a distance of 7.82 feet to a point for corner on the westerly right-of-way line of
said North Main Street, same being the easterly line of Lot 1 R2, Block 5 of said North Fort Worth
Addition, from which a 5/8" iron rod with plastic cap stamped "Transystems" bears South 30e04'36"
East, a distance of 7.80 feet;
THENCE North 30e04'36" West, along the westerly right-of-way line of said North Main Street and the
easterly line of said Lot 1 R2, Block 5, a distance of 595.20 feet to the POINT OF BEGINNING and
containing 0.206 acres or 8,983 square feet of land, more or less.
Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North
American Datum of 1983.
Monuments called for herein were set/found September 10, 2020.
EXHIBIT B
ENCROACHMENT
AGREEMENT
A. GOUHENANT SURVEY
ABSTRACT NO. 582
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
Kimley* Horn13455 NodT l . 770-1300
Tower,Wile 700,Dales,Texas 75240 FIRM#10115500 Fax No.(972)23MB20
Scale I Dram by I Checked by I Date I Pia ecl No. Sheol No.
WA JCC KHA Oct.2021 084427408 2 OF 4
DUNN.STACY 10/812021 6:45AM K:IDAL_SURVEY1064427406-ENCORE PANTHER ISLAND01AGlEXHIBITS1064427406 ENCORE PANTHER ISLAND ENCROACHMENT AGREEMENT,DWG
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ENCROACHMENT LIMITS"
RIGHT OF WAY ENCROACHMENT
AGREEMENT O�l��
INST.NO.D217291682 ��O // P.O.B.
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ORDINANCE NO.24242-06-2020
---> \ / ENCROACHMENT
S59°58'03"W C1Y / AGREEMENT o0
/ 1.66' 0.206 ACRE 3? d-
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N30e02'16"W� \ �' 10'TXU ELECTRIC DELIVERY EASEMENT p
3.00' \ INST.NO.D206142770 O.P.R.T.C.T. �j W
N59°58'03"E ` �. PARTIAL RELEASE OF EASEMENT 6- 'a W
26.00' \ \', INST.NO.D219091946,O.P.R.T.C.T.
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\ \ V '•, INST.NO.D218077203,O.P.R.T.C.T. U)
\ \ INST.NO.D219091947,O.P.R.T.C.T.
\\ \ 2.1877 ACRES W
\ \ EMF PANTHER ISLAND, LLC z
\ \\ (F.K.A. ENCORE OLYMPUS PANTHER ISLAND, LLC) J
\ \ INST. NO. D217061508
\ \; O.P.R.T.C,T, V
\ � Q15'SANITARY SEWER LOT 1R1, BLOCK 5
EASEMENT \ NORTH FORT WORTH ADDITION
INST.NO.D220193316 \\ \ INST. NO. D220193316
P.R.T.c.r. O.P.R.T.C.T.
26'TEMPORARY PUBLIC AND \ \\
EMERGENCYACCESS \ \ NORTH HOUSTON STREET
ABANDONED BY ORDINANCE NO.2848
EASEMENT
\ \ VOL,2289,PG.533 n
INST.NO.D220056693 \ D.R.T.C.T. �'Jf
LEGEND O.P.R.T.C.T.
P.O.B.= POINT OF BEGINNING EXHIBIT B
IRSC=5/8" IRON ROD W/"KHA"CAP SET ENCROACHMENT
IRFC=IRON ROD W/CAP FOUND
IPF= IRON PIPE FOUND AGREEMENT
D.R.T•C.T.=DEED RECORDS OF TARRANT COUNTY,TEXAS A. GOUHENANT SURVEY
O.P.R.T.C.T.= OFFICIAL PUBLIC RECORDS,TARRANT
COUNTY,TEXAS ABSTRACT NO. 582
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
NOTES
Bearing system based on the Texas Coordinate System of 1983, Kim!rree >>> Horn
North Central Zone (4202), North American Datum of 1983. 13455 Neel Reed,Two Galled Tel.No.(972)770-1300
Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(972)239-3620
Monuments called for herein were set/found 09110/2020. Sala I Dram by I Checked by Date I Pro ecl No. I Sheet No
1"=60' JDC KHA Oct.2021 064427406 3 OF 4
DUNN,STACY 10/8/2021 8:45 AM K:1DAL SURVEY1064427406-ENCORE PANTHER ISLAND\D1.tG1EXHIBITS\064427406 ENCORE PANTHER ISLAND ENCROACHMENT AGREEMENT.DWG
�O�1n CURVE TABLE
\�3 NO. DELTA RADIUS LENGTH CHORD BEARING CHORD
VO
C1 19°01'52" 25.50' 8.47' N00°50'34"E 8.43'
1`Z
I �o.� C2 68°39'54" 9.51' 11.40' S87°30'28"E 10.73'
11
Vj
\ LINE TABLE
0
vo NO. BEARING LENGTH
Ipp, L1 N30°00'32"W 2.75'
�o ` ?G L2 N60°15'22"E 4.96'
o� \ �o�$ �� 0 L3 N25°18'46"W 5.52'
OQ aP� 0 �Z ✓ 0 -0
w �a�o�p1��� N "o� Yc`�7 9a0e L4 S55°09'34"W 5.31'
o �.
0 C � L5 S30°17'40"E 5.00'
UJ �� \ po v0�6 �X L6 S59°59'27"W 1.91,
W ' \ `�61� L7 \ 0�b L7 S59°59'22"W 5.46'
W \
'% LOT 1 R3 L8 S59°59'27"W 7.82'
S`QiS 20'TXU ELECTRIC �O�N
BLOCK 5 \ �� DELIVERY EASEMENT
W INST.NO.D206142770 3
Z LOT 1 RZ ape O.P.R.T.C.T. von
BLOCK 5 \ po, \
J 1,0466 ACRES \ ud'� 10� '
EMF PANTHER ISLAND,LLC\
U (F.K.A,ENCORE OLYMPUS \ �� 0�1 NORTH
I PANTHER ISLAND,LLC) \ ENCROACHMENT
�-- INST.NO,D217061508 AGREEMENT
O.P.R.T.C.T. 0.206ACRE L 0 30 60
00" vy�
(8,983 SQ.FT.) 9200 NP
REMAINDER OF �' y A
\ "A t� (� GRAPHIC SCALE IN FEET
5'1 DISTRIBUTION EASEMENT NO.1 �4`�,
VOL,15342,PG.160,D.R.T.C.T. .s a
PARTIAL RELEASE OF EASEMENT ��m
IINST.NO.D218077203,O.P.R.T.C.T. G \/ L8
NW THIRD STREET S30°04'36"E �01
"TR
ABANDONED BY 7.80' IRFC \\
/ � TRANSYSTElv1S"
ORDINANCE NO,2848
VOL. 2289,PG.533,./ / / \ \ Lo
1 D.R.T.C.T. / \
LEGEND
P.O.B. =POINT OF BEGINNING EXHIBIT B
IRFC=IRON ROD ODW/ON DC P/FO ND AP SET ENCROACHMENT
IPF= IRON PIPE FOUND
D.R.T.C.T.= DEED RECORDS OF TARRANT COUNTY,TEXAS AGREEMENT
O.P.R.T.C.T. =OFFICIAL PUBLIC RECORDS,TARRANT A. GOUHENANT SURVEY
COUNTY,TEXAS ABSTRACT NO. 582
NOTES CITY OF FORT WORTH
Bearing system based on the Texas Coordinate TARRANT COUNTY, TEXAS
System of 1983, North Central Zone(4202), North Klornle ))) Horn
American Datum of 1983.
13455 Noel Road,Two Galleda Office Tel.No.(972)770-1300
Monuments called for herein were Set / found Tower,Suite 700,Dallas,Texas 75240 FIRId i 10115500 Fax No.(972)239-3820
September 10,2020. Scale Dram by Checkedby Date Proiecl No. Sheet No,
1"=60' JCC KHA Oct.2021 064427406 474
DUNN,STACY 1002021 8:45 AM K.\DAL_SURVEY1064427406-ENCORE PANTHER ISLAND\DWG\EXHIBITS\084427406 ENCORE PANTHER ISLAND ENCROACHMENT AGREEMENT.DVoG
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EXHIBIT D
Certificate of Insurance
Tier II ROW Encroachment Agreement Page 14 of 14
Revised 11/2020