HomeMy WebLinkAboutContract 53441-T1 Date Received: 09/30/2022 Permit Number: PN21-00165
Time Received: 9:01 am City Secretary No.: 53441-Tl
TERMINATION OF ENCROACHMENT LICENSE AGREEMENT
This TERMINATION OF ENCROACHMENT LICENSE AGREEMENT
("TERMINATION") is made and entered into by and between the CITY OF FORT WORTH
("City"),a Texas home rule municipal corporation of Tarrant County,Texas, acting herein by and
through its duly authorized City Manager, Assistant City Manager, or Development Services
Department Director, and FORT WORTH EVERMAN/RISINGER DEVELOPMENT, LLC
("Licensee"), a Texas limited liability company, acting herein by and through its duly authorized
representative.
RECITALS
WHEREAS, City and Licensee made and entered into City Secretary Contract No. 53441
(the"Agreement"),on the 22nd day,of January,2020,to authorize Licensee's encroachment upon
the City's sanitary sewer easement (the "Easement") for the purpose of a private storm drain
crossing a public sanitary sewer facility(the"Encroachment")which was;
recorded on the 28t" day of January, 2020, as Instrument No. D220020699 in the Real
Property Records of Tarrant County, Texas;
WHEREAS, Licensee subsequently subdivided the Property, as defined within the
Agreement, and the portion of the Property containing the Encroachment is located on what is now
Lot 3, Block 1 of the Southland Business Park Addition (the"Subdivided Property"), pursuant to
that certain Final Plat dated the 8tn day of April, 2020, as Instrument No. D221096682 in the Real
Property Records of Tarrant County,Texas; and
WHEREAS, Licensee has now conveyed the Property to Everman Fort Worth Building 4
SPE, LLC, a Delaware limited liability company ("New Owner") pursuant to that certain Special
Warranty Deed, recorded the 2nd day of August, 2021, recorded as Instrument No. D221221710 in
the Real Property Records of Tarrant County,Texas; and
WHEREAS, due to the subdivision of the Property,the City and Licensee,to ensure clarity
in the deed records,would now like terminate the Agreement and City will subsequently enter into a
new encroachment agreement with the New Owner.
WHEREAS,the parties now wish to terminate the Agreement.
NOW,THEREFORE,City and Licensee,acting herein by and through their duly authorized
representatives, enter into the following agreement:
1. OFFICIAL RECORD
CITY SECRETARY
The Agreement is hereby terminated effective on [September 26, 2024.
FT.WORTH,TX
Revised 03/09/2022 WB Page 1 of 6
2.
Notwithstanding anything in the Agreement to the contrary, including, but not limited to
Section 17 of the Agreement,the parties hereby agree that none of the terms of the Agreement shall
suivive this termination.
Revised 03/09/2022 WB Page 2 of 6
City: Licensee:
CITY OF FORT WORTH Fort Worth Everman/Risinger Development,
LLC
a Texas limited liability company
By:DJ Harre ll(Sep 26,202210:14 CDT) by: Majestic Everman Investor, LLC
<01V¢�
D.J. Harrell,Director of the a Delaware limited liability company
Development Services Department by: Majestic Realty Co. V
Date: Sep 26, 2022 a California corporation,
ma s agent
By:
Name:Edward J.Roski Jr.,President and
oaq�FORp��aa Chairman of the Board
per,►�0000 000Oo% �a
o d
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Pvo =d
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ATTEST: �4 °OO°°o0°°° d Approved As To Form and Legality
��nFnpS.ogp
:7�`I`IG��G c1. GDOG��GG
Jannette S.Goodall(Sep 29,202214:46 CDT)
Jannette Goodall, Thomas Royce Hansen
City Secretary Assistant City Attorney
Date: Sep 29, 2022 Date: Sep 26, 2022
Contract Compliance Specialist:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
/ aZe 7/7/0,V/GLtl4gl
Matt Tilly on behalrof(Sep 26,2^022�10
Janie S. Morales
Development Manager
Date: Sep 26, 2022
LICENSEE ACKNOWLEDGEMENT
OFFICIAL RECORD
Revised 03/09/2022 VWB CITY SECRETARY
FT. WORTH, TX
OWNER ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA )
ss:
COUNTY OF LOS ANGELES )
On j lj j 254M 2022, before me, PA t IRA A CiAleC I A Notary
Public, personally appeared Edward J. Roski Jr., who proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to the within instrument and acknowledged to me
that he executed the same in his authorized capacity, and that by his signature on the instrument the
entity upon behalf of which the person acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
dh
DANIELLA GAR IA
Notary Public•California Signatur of Notary Public
W Los Angeles County
Commission k 2329813
My Comm.Expires Jul 17,2024
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Revised 03/09/2022 WB Page 4 of 6
CITY ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME,the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared DJ Harrell, Director, known to me to be the person whose name is
subscribed to the foregoing instrument,and acknowledged to me that he executed the same for the
purposes and consideration therein expressed, as the act and deed of the CITY OF FORT
WORTH, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 26th day of September 2022
Wendy L. Digitally signed by Wendy L.
Beardslee
o�pRY/'( WENDY L BEARDSLEE Beardslee 0500'022.09.2613:00:03
a Notary Public Y STATE OF TEXAS Notary Public State of Texas
N� hP Notary I.D. 13323719-3
OF�Gr My Comm. Exp. July 28, 2025
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Revised 03/09/2022 WB Page 5 of 6
Original Executed Encroachment
Attached
Revised 03/09/2022 WB Page 6 of 6
Page 1 of 21
CITY, CF'f�T�1RY
CONTRAUf NO.
EASEMENT ENCROACHMENT LICENSE AGREEMENT
Commercial
THIS AGREEMENT is made and entered into by and between THE CITY OF
FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"),
acting by and through its duly authorized City Manager, Assistant City Manager, or
Planning and Development Director, and FORT WORTH EVERMAN/RISINGER
DEVELOPMENT, LLC, a limited liability company ("Licensee"), owner of the real
property located at 229 W. Everman Parkway, Fort Worth, Texas 76140 ("Property"),
acting by and through its duly authorized representative.
RECITALS
WHEREAS,Licensee is the owner of certain real property situated in the City of
Fort Worth, Tarrant County, Texas, more particularly described in the attached Legal
Description of the Property, attached as "Exhibit C" and incorporated herein for all
purposes;and
WHEREAS, the City has a sanitary sewer easement (the "Easement") in the
Property as shown on the map attached to this Agreement as "Exhibit A," which is
incorporated herein for all purposes; and
WHEREAS, Licensee desires to construct, place, and/or maintain certain
improvements which will encroach in, on, above, or below the City's Easement; and
WHEREAS,to accommodate the needs of the Licensee,the City will allow the
encroachment under the terms and conditions as set forth in this Agreement,
NOW,THEREFORE,the City and Licensee agree as follows;
AGREEMENT
1. I
The City, in consideration of the payment by the Licensee of the fee set out below
and covenants and agreements hereinafter contained to be kept and performed by Licensee,
hereby grants permission to Licensee to encroach in, on, above, or below and occupy a I
portion of the City's Easement as described in and at the location shown on Exhibit A,but
only to the extent shown thereon,for the purpose of private storm drain crossing a public
sanitary sewer facility (the"Encroachment"). Upon completion of the Encroachment,
Licensee agrees to be responsible for maintaining the Encroachment within the Easement.
Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on
City's Easement beyond what is specifically described in the exhibit(s)attached hereto.
Easement Encroachment Agreement-Commercial Page 1 of 13
Revised IW2018
Page 2 of 21
2.
All construction,maintenance,or operation in connection with such Encroachment,
use, and occupancy shall comply and be performed in strict compliance with this
Agreement and with the Charter, Ordinances, and Codes of the City, and in accordance
with the directions of the Director of the Transportation and Public Works Department or
the Director of the Water Department,or their duly authorized representative. Prior to the
construction of the Encroachment,Licensee shall submit all plans and specifications to the
applicable Director or duly authorized representative, Licensee shall not commence
construction of the Encroachment until such approval shall be indicated in writing by the
applicable Director or authorized representative. However,such approval shall not relieve
Licensee of responsibility and liability for concept, design, and computation in the
preparation of such plans and specifications.
3.
Licensee,at no expense to the City,shall make proper provisions for the relocation
and installation of any existing or future sanitary sewer improvements affected by such
Encroachment, use, and occupancy, including securing the approval and consent of the
appropriate utility companies and agencies of the State and its political subdivisions. In
the event that any installation,reinstallation,relocation, or repair of any existing or future
sanitary sewer improvements owned by or constructed by or on behalf of the public or at
public expense is made more costly by virtue of the construction,maintenance,or existence
of the Encroachment and use,Licensee shall pay to the City an additional amount equal to
such additional cost as reasonably determined by the Director of Transportation and Public
Works or the Director of the Water Department, or their duly authorized representative.
4.
Licensee agrees that the City may enter and utilize the Easement at any time for the
purpose of installing, repairing, replacing, or maintaining improvements to its public
sanitary sewer facilities necessary for the health, safety, and welfare of the public. The
City shall bear no responsibility or liability for any damage or disruption or other adverse
consequences resulting from the Encroachment installed by Licensee(except when caused
by the City's sole negligence), provided, the City (i)for the initial installation and for
subsequent replacements for which construction plans are required, gives Licensee notice
pursuant to Section 8 and a reasonable opportunity to review the plans and specifications
prior to commencement of construction; (ii) gives Licensee reasonable notice of intent to
perform work within the Easement, except in emergencies where such notice is not
feasible; and(iii)makes reasonable efforts to minimize such damage.
Easement Encroachment Agreement-Commercial Page 2 of 13
Revised 12/2018
Page 3 of 21
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 Easement to a condition
acceptable to the Director of Transportation and Public Works or the Director of the Water
Department,or their duly authorized representative,in accordance with then-existing City
specifications. It is understood and agreed to by Licensee that if this Agreement terminates
and Licensee fails to remove the Encroachment as directed and restore the Easement,
Licensee hereby gives the City permission to remove the Encroachment and any supporting
structures and assess a lien on the Property for the costs expended by the City in taking
such actions.
6.
In order to defray all costs of inspection and supervision which the City has incurred
or will incur as a result of the construction,maintenance,inspection,or management of the
encroachments and uses provided for by this Agreement,Licensee agrees to pay to City at
the time this Agreement is requested an application fee of in the sum of Five Hundred
Dollars ($500.00).
7.
The Initial Term of this Agreement shall be for thirty(30)years, commencing on
the date this Agreement is executed by the City. Upon expiration of the Initial Term,the
Agreement shall renew automatically under the same terms and conditions for two (2)
additional thirty(30)-year renewal periods unless terminated earlier in accordance with this
Agreement, This Agreement may be terminated upon Licensee's noncompliance with any
of the terms of this Agreement. City shall notify Licensee in writing of any noncompliance
and if not cured within thirty(30)days,this Agreement shall be deemed terminated,unless
such noncompliance is not susceptible to cure within thirty (30) days, in which case this
Agreement shall be deemed terminated in the event that Licensee fails to commence and
take such reasonable steps as are necessary to remedy the noncompliance within thirty(30)
days after written notice specifying the same,or having so commenced,thereafter fails to
proceed diligently and with continuity to remedy same.
8.
Any notices, certifications, approvals, or other communications required to be
given by one Party to another under this Agreement(a"Notice") shall be given in writing
addressed to the Party to be notified at the address set forth below and shall be deemed
given:(i)when the Notice is delivered in person to the person to whose attention the Notice
is addressed; (ii) when received if the Notice is deposited in the United States Mail,
certified or registered.mail, return receipt requested, postage prepaid; or (W) when the
Notice is delivered by Federal Express, UPS, or another nationally recognized courier
service with evidence of delivery signed by any person at the delivery address.If any dated
or period provided in this Agreement ends on a Saturday, Sunday, or legal holiday, the
Easement Encroachment Agreement-Commercial Page 3 of 13
Revised 12/2018
Page 4 of 21
applicable period for calculating notice shall be extended to the first business day following
the Saturday,Sunday,or legal holiday.For the purpose of giving any Notice,the addresses
of the Parties are set forth below. The Parties may change the address set forth below by
sending Notice of such changes to the other Party as provided in this section.
To the City:
City of Fort Worth, Texas
200 Texas Street
Fort Worth,Texas 76102
Attn: City Manager
City of Foil Worth,Texas
200 Texas Street
Fort Worth,Texas 76102
Attn: Water Director
(Notice to Building Official required for notice of cancellation or amendment of
insurance policy under Section 10 only)
City of Fort Worth, Texas
200 Texas Street
Fort Worth,Texas 76102
Attn:Building Official
To Licensee:
Fort Worth Everman/Risinger Development,LLC
131 E. Exchange Avenue,Suite 212
Fort Worth,Texas 76164
Attn: Kyle Valley
With a copy to:
Pope,Hardwicke, Christie, Schell,Kelly &Taplett,L.L.P.
500 West 7th Street, Suite 600
Fort Worth,Texas 76102
Attn: Marcella Olson
Easement Encroachment Agreement-Commercial Page 4 of 13
Revised 12/2018
Page 5 of 21
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,EXCEPT THAT THE INDEMNITY PROVIDED FOR
IN THIS SECTION SHALL NOT APPLY TO ANY LIABILITY RESULTING
FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS,AGENTS,
EMPLOYEES,OR CONTRACTORS;AND LICENSEE HEREBY ASSUMES ALL
LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS.
LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND
RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL
INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN
CONNECTION WITH THE ENCROACHMENTS AND ANY AND ALL ACTS OR
OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS, SUBCONTRACTORS; LICENSEES, OR
INVITEES.
10.
While this Agreement is in effect,Licensee agrees to furnish City with a Certificate
of Insurance naming City as certificate holder as proof that it has secured and paid for a
policy of public liability insurance covering all public risks related-to the proposed use and
occupancy of the Easement as located and described in Exhibit A. The amounts of such
insurance shall be not less than
$1,000,000
with the understanding and agreement by Licensee that such insurance amounts may be
revised upward at City's option .in accordance with City's generally applicable,
commercially reasonable requirements and that Licensee shall so revise such amounts
immediately following notice to Licensee of such requirement. Such insurance policy shall
not be canceled or amended without at least thirty (30) days prior written notice to the
Building Official of the City. A copy of such Certificate of Insurance is attached as
"Exhibit B"and incorporated herein for all purposes. Licensee agrees to submit a similar
Certificate of Insurance annually to the City on the anniversary date of the execution of
this Agreement.
Licensee agrees, binds, and obligates itself and its successors and assigns to
maintain and keep in force such public liability insurance at all times during the term of
this Agreement and until the removal of the Encroachment and the cleaning and restoration
Easement Encroachment Agreement-Commercial Page 5 of 13
Revised 12/2018
Page 6 of 21
of the Easement. All insurance coverage required herein shall include coverage of all
Licensee's contractors and subcontractors.
11.
Licensee agrees to deposit with the City when this Agreement is executed a
sufficient sum of money to be used to pay necessary fees to record this Agreement in the
real property records of Tarrant County,Texas. After being recorded,the original shall be
returned to the City Secretary of the City of Fort Worth.
12.
Licensee agrees to comply fully with all applicable federal, state, and local laws,
statutes,ordinances,codes, and regulations in connection with the construction, operation,
and maintenance of the Encroachment and uses,
13.
Licensee agrees to pay promptly when due all fees,taxes,or rentals provided for
by this Agreement or by any federal,state,or local statute,law, or regulation.
14.
Licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as an officer, agent,
servant,or employee of City,and Licensee shall have exclusive control of and the exclusive
right to control the details of its operations, and all persons perfoln-dng 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.
1S.
Licensee agrees and acknowledges that this Agreement is solely for the purpose of
permitting Licensee to construct,maintain,and locate the Encroachment over or within the
Easement and is not a conveyance of any right,title,or interest in or to the Easement,nor
is it meant to convey any right to use or occupy property in which a third-party may have
an interest. Licensee agrees that it will obtain all necessary permissions before occupying
such property.
Easement Encroachment Agreement-Commercial Page 6 of 13
Revised 12/2018
Page 7of21
i
I
16.
In any action brought by the City for the enforcement of the obligations of the
Licensee,the City shall be entitled to recover interest and reasonable attorneys' fees.
17.
The parties agree that the duties and obligations contained in Section 5 shall survive
the termination of this Agreement.
18.
Licensee covenants and agrees that it will not assign all or any of its rights,
privileges, or duties,under this Agreement without the written approval of the.City, and
any attempted assignment without such written approval shall be void, In the event
Licensee conveys the Property,Licensee may assign all of its rights and obligations under
this Agreement to the new owner of the Property, and Licensee shall be deemed released
from its duties and obligations hereunder upon City's approval in writing of such
assignment, which approval shall not be unreasonably conditioned or withheld.
Foreclosure by a secured lender of Licensee or assignment to a secured lender by Licensee
in the event of default or dtherwise shall not require City approval provided that said lender
notifies City in writing within sixty (60) days of such foreclosure or assignment and
assumes all of Licensee's rights and obligations hereunder. However, no change of
ownership due to foreclosure or assignment to any secured lender of Licensee shall be
effective as to City unless and until written notice of such foreclosure or assignment is
provided to City.
19.
Any cause of action for breach of this Agreement shall be brought in Tarrant
County,Texas. This Agreement shall be governed by the laws of the State of Texas.
20.
This Agreement shall be binding upon the parties hereto and their successors and
assigns.
21.
This Agreement may be executed in multiple counterparts,each of which shall be
considered an original,but all of which shall constitute one instrument,
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Easement Encroachment Agreement-Commercial Page 7 of 13
Revised 1212018
Page 8 of 21
City: Licensee:
CITY OF FORT WORTH FORT WORTH EVERMAN/RISINGER
DEVELOPMENT,LLC,
a Texas limited liability company
By: Majestic—Everman investor,LLC,
a Delaware limited liability company,
its Managing Member
By: Majestic Realty Co.,
a California corporation,
anager's Agent
By: By:.
Randle Han4bd,Director Name: EDWARD R ROSKI, JR.
Planning&D velop ent Title:J Preek(w,and G►ahmen of ft Board
Date: Date: 11 2-1.ZO
ATTEST: Approved As To Form and Legality
City Secre ary M41C Arav
Y•
Y' Assistant City Attorney
Contract Compliance Manager:
By signing I acknowledge that 1 am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
or
Loot
Janie S. Morales
Development Manager
Easement Encroaclunent Agreement-Commercial Page 8 of 13
Revised 1212018
Page 9 of 21
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 Randle Harwood, 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�day of
2020.
JENNIFI ;um,E EERNACK
N Publi ; in and f the State of Texas :;�, ° =Notary Public,Stete of Texas
�' comm,Expires 03-01-2024
Notary ID 130661630
fit
After recording return to:
Planning&Development
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
Easement Encroachment Agreement-Commercial Page 9 of 13
Revised 12/2018
Page 10 of 21
SEE ATf-ACtItT)
STATE OF CALIFORNIA §
COUNTY OF LOS ANGELES §
BEFORE ME, the undersigned authority Notary Public in and for the State of
California, on this day personally appeared , known to me
to be the /newhose name ' subscribed to the foregoing instrument, and
acknowled the same as the act of
and that hethe s e as the act of said
the purpose tion therein expressed and in the capacity therein stated.
GIVEN UND AND SEAL OF OFFICE this day of
0.
Notary Public in and for the State of California
Easement Encroachment Agreement-Commercial Page 10 of 13
Revised 12/2018
Page 11 of 21
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Los Angeles
On January 2nd, 2020 before me, Daniella Noel Garcia, Notary Public
(insert name and title of the officer)
personally appeared Edward P. Roski Jr.
who proved to me on the basis of satisfactory evidence to be the person(o whose name(s)is/a%
subscribed to the within instrument and acknowledged to me that he/ebeA4W executed the same in
his/weir authorized capacit&6), and that by his/4e4th&signature(C4 on the instrument the
person(s), or the entity upon behalf of which the person(-s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. OANIELLA NOEL GARCIA
Notary Public-California
a Win' Los Angeles County D
Z Commission#2160178
My Comm.Expire Jul 17,2020
Signature V tN (Seal)
Page 12 of 21
EXHIBIT A
Map of Easement and Encroachment
Easement Encroaclunent Agreement-Commercial Page I I of 13
Revised 12/2018
Page 13 of 21
Exhibit A
NORTH
113
SAY � 8Q
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4
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cu m 4
9 PROPOSED
t{ j ENCROACHMENT
N.T.S.
ai
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Page 14 of 21
- - I "0 TH
_ NATIONAL CAN
CORPORATION ADDITION GRAPHIC SCALE IN FEET
-- - -I = (VOL.388-68, PG.8) 0 100 200 400
PA F
F RT W TH E RMAN
RISINGER DEVELOPMENT,LLC
RAT-� (INST.NO.D217118440) I LOT 1, BLOCK 1
milli
II {{ I I PAYLESS CASHWAYS NO, 1
�111 I I I I llI 11 I I I 1 I I I I I�I I I�I�I 1 1 1 I �{��{� (VOL.388-76,PG.24)
PROP.B'PUBLIC SSWR LINE(X-102283)
40'SANITARY SEWER EASEMENT EX.48'PRIVATE STORM LINE(X-24272)
(INST.NO.
PROPOSED20'x40'
ENCROACHMENT
PART OF r I - PART OF t
FORT WORTH EVERMAN/ 7 LOT 1R-1,BLOCK 1
RISINGER DEVELOPMENT,LLC I I I LONE STAR SUBDIVISION
(INST.NO,D217118440) I I (VOL.388 123,PG.58)
REMAINDER OF
LOT 1R-1,BLOCK 1
LONE STAR SUBDIVISION
I VOL,388-123 PG.58 P.R.T,C.T.
6�
LOCATION MAP AND ENCROACHMENT LIMITS : Klmley»>Horn
Page 15 of 21
PART OF —-,— -I— ; -__ _� .� �•�
FORT WORTH EVERMAN/
INSTALL: RISINGER DEVELOPMENT,LLC-
1-4'SSWR MH PER COFW (INST.NO.D217118440) STA:19+27.90 PUBLIC 3 LIN A fl
STANDARD DETAILS -`- `-------- INSTALL:
RIM:732.00 ` ` ' 1•4'OROP MANHOLE _
FL 8'•724.95 WITH CORROSION PROTECTION -
sp`- _- -. ~`�- - PER CITY STANDARDS ~
- - RIM:733.28
INSTALL 20 LF B"PVC FL B'717.88 --
t FL 8- 73 - -
STA:17+30 PUBLIC SSWR LINE A .
INSTALL: -
1.4 DROP MANHOLE --- -=`'�- -- -T--WITH CORROSION PROTECTION -PROPOSED 49 PUBLIC L h -
T PER CITY STANDARDS - SANITARY SEWER EASEMENT,:Z---
RIM:731.77 (BY SEPARATE INSTRUMENT)
k FL8':714.93
FL 8":724.75
- FL 8":714.73
/ j I n+oo _ 1iB+ i} PUBLI LINE A a
1 �� �,*+►� �' Ala?� .��}� � ��` A
480 LF OF 8'PVC®0.40% I 1 DI 0 0.40% \ �
i PROPOSED ENCROACHMENT \�9
724
723 - 1 -_
_ \ \ 7L23 �
--720- _ _ _J .
--718-•-----.-__-` --'-'-_'_ PROPOSED PRIVATE STORM LINE
GRAPHIC SCALE IN FEET
� 0 20 40 80
�- ENCROACHMENT PLAN VIEW Kimley*Horn
a!
Page 16 of 21
740
t : .:i .-L.. -:•_ I I i i •� ;- - -' �•�Exrsnr{oo 735
730
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_- ---PR EtS 4R6iE I
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i RIVA k6 1ACBO O. 720
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NSTALLCE(AEN.T.STA •--
' -•-- - _-, :_—_ ! !_: i _ AC FILLPERCIT.Y. EARL_
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f 13+00 14+00 15+00 16+00 t 17+00 18+00 19+00 19+50
j PUBLIC 3SWR LINE A
�#t HORIZONTAL SCALE: 1"=80'
Fr VERTICAL SCALE: 1"=8'
f ENCROACHMENT PROFILE VIEW jVjMley*H0—rnj
ai
Page 17 of 21
EXHIBIT B
Certificate of Insurance
Easement Encroaclunent Agreement-Commercial Page 12 of 13
Revised IM018
Page 19 of 21
exhibit C
LEGAL DESCRIPTION
EASEMENT ENCROACHMENT
I
BEING a 800 square foot (0.0184 acre) tract of land situated In the James J. Scott Sunray, Abstract No. 1449, City
of Fort Worth, Tarrant County,Texas;said tract being part of that tract of land described In Special Warranty Deed to
Fort Worth Everman/Risinger Development, LLC described in Instrument No. D217118440, Official Public Records
of Tarrant County,Texas; said tract being more particularly described as follows:
I
COMMENCING at a 1/2-Inch iron rod found for the southwest corner of Lot 1, Block 1 Payless Cashways No. 1, an
addition to the City of Fort Worth, Texas according to the plat recorded in Volume 388-76, Page 24, Plat Records of
Tarrant County,Texas;
THENCE North 0°20'38"West, along the west line of said Lot 1, a distance of 58.28 feet to a point for corner; from
said point a 5/8-inch iron rod with cap stamped "CARTER & BURGESS" found bears North 02°34'53" West, a
distance of 217.30 feet;
THENCE departing the said west line of Lot 1, South 89°33'09"West, a distance of 100.02 to a point for corner;
THENCE South 0°26'51"East, a distance of 75.50 feet to the POINT OF BEGINNING;
THENCE South 0°26'61" East, a distance of 20.00 feet to a point for corner;
THENCE South 89"33'09"West, a distance of 40.00 feet to a point for corner;
THENCE North 0°26'51"West, a distance of 20.00 feet to a point for corner;
THENCE North 89°33'09" East, a distance of 40.00 feet to the POINT OF BEGINNING and containing 800 square
feet or 0,0184 acres of land.
I
I
I
NOTES: j
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment),North Central Zone(4202).
A survey plat of even survey date herewith accompanies this metes and bounds description.
The undersigned, Registered Professional Land Surveyor, hereby certifies that foregoing description accurately sets
out the metes and bounds of the encroachment tract.
EASEMENT ENCROACHMENT
OFT JAMES J. SCOTT SURVEY,
�Q'�•''•►sr' y ABSTRACT NO. 1449
`MICHAEL C. BILLINGSLEY CO.-," S CITY OF FORT WORTH,
REGISTERED PROFESSIONAL LAND SURVEYOR NO,6558 TARRANT COUNTY, TEXAS
801 CHERRY STREET, MICHA.. CLEO BILLINGSLEY
UNIT 11 SUITE 1300 .,0 �..'
6558 Kwmle * Horn
FORT WORTH, TEXAS 76102 �9'��FBSS����'�4�
PH. 817-335-6511 4'p' t 601a,.r�yslnea"1,,A1300 TN No.(61T)33666„
S U R Fm1 WaiR Tex+.TOM F"M 10104040 T—*1 mky 9 com
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Page 20 of 21
LEGEND —_—_"--'——_---
5!8"IRFC"CARTER �t
—— —
P.O.C.=POINT OF COMMENCING &BURGESS"(C.M.)
P.O.B.=POINT OF BEGINNING NORTH I
IRF-IRON ROD FOUND I I
IRFC=IRON ROD WITH CAP FOUND y I
C.M.=CONTROLLING MONUMENT 0 30 00
I
GRAPHIC SCALE IN FEET I
I
co ;
M
LINE TABLE , I
N
NO. BEARING LENGTH
PART OF L1 Soo•26'51'E 20,00' I
FORT WORTH EVERMAN! Lz S89.33'09°w 40.00' I LOT 1, BLOCK 1
RISINGER DEVELOPMENT, LLC(INST. NO, D217118440) L3 N00.28'51"W 20.00' PAYLESS
L4 I N89°33'09"E 40,00' CASHWAYS NO. 1
(VOL. 388-76, PG. 24)
— F— 559.33'09"W 100.02'
0
PROPOSEDFUTURE I ^l N0°20'38"W
40'SANITARY SEWER EASEMENT ---_l 58.28'
(BY SEPARATE INSTRUMENT) i lTl 112"IRF(C.M.)
U)
Ii P.D.B.
MI L4 P,O.C. I ------------- -
-� PART OF
L2 I LOT 1R-1, BLOCK 1
0.01$4 ACRES ( I I ` LONE STAR SUBDIVISION
(VOL, 388-123, PG. 58)
800 SQ. FT. I
NOTES: I 1
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment),North Central Zone(4202).
A metes and bounds description of even survey date herewith accompanies this survey plat.
The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey plat accurately sets out
the metes and bounds of the encroachment tract.
i
EASEMENT ENCROACHMENT
JAMES J. SCOTT SURVEY,
' /v < PEE of T ABSTRACT NO. 1449
ST
ICHAEL C. BILLINGSLEY �. '' d' CITY OF FORT WORTH,
REGISTERED PROFESSIONAL ' '
• TARRANT COUNTY, TEXAS
LAND SURVEYOR NO.6558 MICHAEL CLEO BILLINGSLEY
801 CHERRY STREET, .... ........6558............
UNIT 11 SUITE TEXAS
' '0 Kirnlev* Horn
FORT WORTH,TEXAS 76102 `9'��FESS1���''o�
PH. 817-335-6511 'y4.......... Ek Fa1w«u T�x�a1 eio2' i9FlRM r 10161oro T�ww umwl �m 1
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