HomeMy WebLinkAboutContract 58673Date Received: 1/3/2023
Time Received: 7:52 a.m.
Record Number: PN22-00093
City Secretary No.: 58673
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 Presidio Village, LLC, a(n)
Texas limited liability company ("Licensee"), acting by and through its duly authorized
signatory.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 1901 Heritage
Trace Parkway, Fort Worth, Texas 76131 ("Property"), being more particularly
described in the attached Exhibit "A" which is incorporated herein for all purposes; and
WHEREAS, the City owns a sewer, storm drainage and public access easements
(the "Public Property") adjacent to the Property as shown in the attached Exhibit "B,"
which is incorporated herein for all purposes, and as recorded in the plat records of
Tarrant County as plat number FP-16-091; 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 storm drainage and water (the "Encroachment").
Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining
Tier][[ Easement Encroachment Agreement OFFICIAL RECORD Page 1 of 13
CITY SECRETARY Revised 03/2022
FT. WORTH, TX
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][[ Easement Encroachment Agreement Page 2 of 13
Revised 03/2022
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.
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 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.
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Revised 03/2022
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION
WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION,
MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE
ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT
CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF
THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND
RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL
LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL
INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY
PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE
ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF
LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES.
10.
While this Agreement is in effect, Licensee agrees to furnish City with a
Certificate of Insurance naming City as certificate holder as proof that is has secured and
paid for a policy of public liability insurance covering all public risks related to the
proposed use and occupancy of public property as located and described in Exhibit "C."
The amounts of such insurance shall be not less than
$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.
11.
Tier H Eas ement Encroachment Agreement Page 4 of 13
Revised 03/2022
Licensee agrees to deposit with the City when this Agreement is executed a
sufficient sum of money to be used to pay necessary fees to record this Agreement in the
real property records of the county in which the Encroachment is located. After being
recorded, the original shall be returned to the City Secretary of the City of Fort Worth.
12.
Licensee agrees to comply fully with all applicable federal, state, and local laws,
statutes, ordinances, codes, and regulations in connection with the construction,
operation, and maintenance of the Encroachment and use of the Public Property.
13.
Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for
by this Agreement or by any federal, state, or local statute, law, or regulation.
14.
Licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as an officer, agent,
servant, or employee of City, and Licensee shall have exclusive control of and the
exclusive right to control the details of its operations, and all persons performing same,
and shall be solely responsible for the acts and omissions of its officers, agents, servants,
employees, contractors, subcontractors, licensees, and invitees. The doctrine of
respondeat superior shall not apply as between City and Licensee, its officers, agents,
servants, employees, contractors, and subcontractors, and nothing herein shall be
construed as creating a partnership or joint enterprise between City and Licensee.
15.
Licensee agrees and acknowledges that this Agreement is solely for the purpose
of permitting Licensee to construct, maintain, and locate the Encroachment over or within
the Public Property and is not a conveyance of any right, title, or interest in or to the
Public Property, nor is it meant to convey any right to use or occupy property in which a
third -party may have an interest. Licensee agrees that it will obtain all necessary
permissions before occupying such property.
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.
Tier H Easement Encroachment Agreement Page 5 of 13
Revised 03/2022
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.
assigns.
20.
This Agreement shall be binding upon the parties hereto and their successors and
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 H Easement Encroachment Agreement Page 6 of 13
Revised 03/2022
City:
CITY OF FORT WORTH
By :DJ Harrell (Dec 22, 202212:30 CST)
D.J. Harrell, Director of the
Development Services Department
Date: Dec 22, 2022
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Jannette S. Goodall (Jan 3, 2023 07:51 CST)
Jannette Goodall,
City Secretary
Date: J an 3, 2023
Licensee:
Presidio Village, LLC
a Texas limited liabil,�ty
By: y
NA*=.e
it M04A--9-5411
Date: I l • 2�t - 2Z
Approved As To Form and Legality
Thomas Royce Hansen
Assistant City Attorney
Date: Dec 22, 2022
Contract Compliance Manager:
By signing I acknowledge that l am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
Re6ecc� bcce Ox"-/v
Rebecca Diane Owen (Dec 22, 202211:15 CST)
Rebecca Owens
Development Services
Date: Dec 22, 2022
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Tier Il Easement Encroachment Agreement Page 7 of 13
Revised 03/2022
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, linown to me to be the person
whose name is subscribed to the foregoing instrument, and aclinowledged 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_22nd day of
December , 20 22 .
WendL�
Digitally signed by
Y
Wendy L. Beardslee
Beardslee
Date:2022.12.22
13:34:58 -06 00
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
Tier II Easement Encroachment Agreement
o�pRY/'(WENDY L BEARDSLEE
Notary Public
* * STATE OF TEXAS
N� Notary I.D. 13323719-3
9�OF My Comm. Exp. July 28, 2025
Page 8 of 13
Revised 03/2022
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
-TCIX5 on this day personally appeared Reza Mirzadeh, signature authority
(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 Presidio Village, LLC, a
Texas limited liability company (entity type), and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this Zh day of
20 2'� .
v 11.v
Notary Public in and for the
State of TAX a J
Tier 11 Easement EnctoachmentAg►eement
ASHLEY N SMITH
f,� • - • ���
+'+
Notary Public
STATE OFT S
IDA. 26526497
Page 9of13
Revised 03/2022
EXHIBIT A
Description of the Licensee's Property
Being a tract of land situated in the Josiah Walker County, Abstract No. 1600, in City of
Fort Worth, Tarrant County, Texas, being a tract of land conveyed to Gary C, Morchower
MD profit sharing plan, by deed recorded in County's Clerk's File No. D207051253, Deed
Records, Tarrant County, Texas
Lot 2 Block 1 CVS-Harmon Addition
Tier H Easement Encroachment Agreement Page 10 of 13
Revised 03/2022
50 0 50 100 \
1 " = 10 0'
i
Basis of bearing:
State Plane Coordinate
System, North Texas 6-
Central Zone 4202, North
American Datum of 1983.
Adjustment Realization
2011.
\ 4 5/8" CIRF
PRE51DIa WEST
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EXHIBIT "All
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112" CIRF
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CV5-HARMON ADDITION
Inst. No. D217215222 PRTCT
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I Flood Zone AE
per FIRM No. 48439CO065L
dated 03/21/2019
Permanent Drainage
Facility Easement
Inst. No. 215019585
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15' Sanitary Sewer Esmt
;�— Inst. No. 217215222 PRTCT
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Encroachment 1 Encroachment 4
3
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5/8" CIR LOT Z BLOCK 1 LOT 1, BLOCK 1
,
CV5-HARMON ADDITION
x I Inst. No. D
217215222 PRTCT TI CV5-HARMON ADDITION
Inst. No. D217215222 PRTCT
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(Access)
24' Public Access Esmt
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PRTCT
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PAGE 1 OF 16
EASEMENT ENCROACHMENTS - VICINITY MAP
JOSIAH WALKER SURVEY, ABSTRACT NO. 1600
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
Drawing: G:\2021 JOBS\21-076 19D1 Heritage hate Pkwy\SURvMDNG\21-076 Encroachment AgmnwLdwg Savad By: Jwmaan Sm T— 9/21/2022 4.37.13 PM Plotted by: jsamaan Plot Date: 9/21/2022 4:38 PM
EXHIBIT B
Depiction of the Public Property
Tier H Easement Encroachment Agreement Page 11 of 13
Revised 03/2022
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EXHIBIT C
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement Page 12 of 13
Revised 03/2022
METES & BOUNDS
BEING a tract of land situated in the J. Walker Survey, Abstract No. 1600, City of Fort
Worth, Tarrant County, Texas, being part of Lot 2, Block 1 of CVS—Harmon Addition,
according to the plat thereof recorded in Instrument No. D217215222 of the Plat
Records of Tarrant County, Texas, with the subject tract being more particularly
described as follows:
BEGINNING
at a point from which a 1 /2" capped
iron rod found along an east line of
Lot 2, Block 1, bears N
01 ° 16' 17" E, 66.01 feet;
THENCE S
89e49' 17" E,
15.00 feet;
THENCE S
01`20'59" W,
4.00 feet;
THENCE N
89°49' 17" W,
15.00 feet to a point
from which a 5/8" capped iron rod
found for
the southwest
corner of Lot 2, Block 1,
bears S 39°24'33" W, 481.45 feet;
THENCE N
01 °20'59" E,
4.00 feet to the POINT
OF BEGINNING with the subject tract
containing
60 square feet or 0.001 acres of land.
PAGE 2 OF 161
J�SPIARS SANITARY SEWER EASEMENT ENCROACHMENT 1
ENGINEERING SURVEYING
M422=- JOSIAH WALKER SURVEY, ABSTRACT NO. 1600
76sowrieo.a.s+e.,ro Nrn7x75gA 977A�t.0rtf
7MNa F2121 • Tilm Nn F100tlia0 • —
Drawn: Checked: Date Jab No. CITY OF FORT WORTH
Js TB 6/23/22 21-076 TARRANT COUNTY, TEXAS
Drawing: G:\2021 JOBS\21-076 19DI Heritage hate Pkwy\SURVMDNG\21-076 Encroachment Agr nmLdwg Savad By: Jwmaan Sm T— 9/21/2022 4.37.13 PM Plotted by: jsamaan Plot Date: 9/21/2022 4:38 PM
Basis of bearing:
State Plane Coordinate
System, North Texas
Central Zone 4202, North
American Datum of 1983.
Adjustment Realization
2011.
+J
POINT OF
BEGINNING
I
LOT Z BLOCK 1
CV5-HARMON ADDITION
Inst. No. D21721522I2 PRTCT
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Drawn: I Checked:1 Date I Job No.
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4.00'
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3 i Approximate Location of
Flood Zone AE
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per FIRM No. 48439C0065L —I
dated 03/21/2019
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PAGE 3 OF 16
SANITARY SEWER EASEMENT ENCROACHMENT 1
JOSIAH WALKER SURVEY, ABSTRACT NO. 1600
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
Drawing: G:\2021 JOBS\21-076 19DI Heritage hate Pkwy\SURvMDVn\21-076 Encroachment Agr nmLdwg Savad By: Jwmaan Sm T— 9/21/2022 4.37.13 PM Plotted by: jsamaan Plot Date: 9/21/2022 4:38 PM
755
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PAGE 4 OF 16
J�SPIARSSANITARY SEWER EASEMENT ENCROACHMENT 1, 4
ENGINEERING7MSURVEYINL
g"n= JOSIAH WALKER SURVEY, ABSTRACT NO. 1600
7fosErR.tl.Alld lro Prll..Txxon lrurt.•Irn
7AEII mm - 1BIFSN6momw - "Wff4* W=M
Drawn: Checked: Date I dab No. CITY OF FORT WORTH
Js I TB 1 6/23/22 1 21-076 TARRANT COUNTY, TEXAS
Drawing: G:\2021 JOBS\21-076 1901 Heritage Trace Pkwy\SURvE1'\DWG\21-076 Encroachment Agree—t.dw9 Soved By: J—on Save Time: 9/21/2022 4.37:13 PM Plotted by: jsomoon Plot Dote: 9/21/2022 4:38 PM
METES & BOUNDS
BEING a tract of land situated in the J. Walker Survey, Abstract No. 1600, City of Fort
Worth, Tarrant County, Texas, being part of Lot 2, Block 1 of CVS—Harmon Addition,
according to the plat thereof recorded in Instrument No. D217215222 of the Plat
Records of Tarrant County, Texas, with the subject tract being more particularly
described as follows:
BEGINNING at a point from which a 5/8" capped iron rod found for the southwest
corner of Lot 2, Block 1, bears S 70°49'34" W, 316.92 feet;
THENCE N 01°20'59" E, 4.00 feet to a point from which a 1/2" capped iron rod found
for an east line of Lot 2 Block 1, bears N 01°20'03" E, 333.99 feet;
THENCE S 89"49' 17" E, 15.00 feet;
THENCE S 01°20'59" W, 4.00 feet;
THENCE N 89°49' 17" W, 15.00 feet to the POINT OF BEGINNING with the subject tract
containing 60 square feet or 0.001 acres of land.
PAGE 5 OF 161
J�SPIARS SANITARY SEWER EASEMENT ENCROACHMENT 2
422=r M ENGINEERING B�SURVEYING
7esoaurwo�a.suslao JOSIAH WALKER SURVEY, ABSTRACT NO. 1600
7MNa F2121 • TM Nn FNro.lx75m5 a»mr•
IMMO0 • —
Drawn: Checked: Date Jab No. CITY OF FORT WORTH
Js TB 6/23/22 21-076 TARRANT COUNTY, TEXAS
Drawing: G:\2021 JOBS\21-076 19DI Heritage hate Pkwy\SURVMDNG\21-076 Encroachment Agr nmLdwg Savad By: Jwmaan Sm T— 9/21/2022 4.37.13 PM Plotted by: jsamaan Plot Date: 9/21/2022 4:38 PM
1 1 10 21f
1
Basis of bearing:
State Plane Coordinate
System, North Texas
Central Zone 4202, North
American Datum of 1983.
Adjustment Realization
2011.
I
24' Public Access Esmt
Inst. No. 217215222
PRTCT
I \
I I \
M I 3 I
�vl cnl I I
I \ \
rn -0 I
2 0 l
'D I LOT Z BLOCK 1
o i a CV5-HAKMON ADDITION
Inst. No. D217215222 PRTCT
I 15' Sanitary Sewer Esmt
Inst. No. 217215222 PRTCT _
I I
I I
I I I
IS 89'49'17" 0'59N 01'20'59" E 0L W
4.00'7.0�4.00' Proposed
�6�" Prla%T Fire� 4
Proposed 2" Private
INT OF
BEGOINNING �`� 1� �
N 89'49'17" W Encroachment -- C
--0:007 Ac.
(60 S.F.)
�N 1516oa2�cMl --------------- _
—
____ Sala„ �opP
�15'SaWitary Sewer Esmt
Inst. No. 217215222 PRTCT
--------------
_____ NE[ZCCPG �PTM Rt�T_oF—WAY --------------
-Ex-W—°-"— - PAGE 6 OF 16
J�SPIARS SANITARY SEWER EASEMENT ENCROACHMENT 2
ENGINEERING SURVEYINGr"n= JOSIAH WALKER SURVEY, ABSTRACT NO. 1600
"Mmmmxao.arro.a.we�oo Prno,Tx7wn sruaam7
Drawn: Checked: I Date Job No. CITY OF FORT WORTH
JS TB 6/23/22 1 21-076 1 TARRANT COUNTY, TEXAS
Drawing: G:\2021 JOBS\21-076 19D1 Heritage hate Pkwy\SURVMDVn\21-076 Encroachment Agr nmLdwg Saved By: Jeamaan Sm Time: 9/21/2022 4.37.13 PM Plotted by: jsamaan Plot Date: 9/21/2022 4:39 PM
MR
750
745
740
735
730
0121.58
Existing
Ground
'
W
Private r(L
ter
Pipe
r�
—
-----------
--- ----
---------
0+23.58
6" Priv to
-------
Water
cV
CV
o
EX.
L
�CSS B
ckfill
0+00 1 +00 2+00
Ex. Line 'SS
1 "=40': H
1 "=4': V
PAGE 7 OF 16
J�SPIARS SANITARY SEWER EASEMENT ENCROACHMENT 2
ENGINEERING & SURVEYING
"n= JOSIAH WALKER SURVEY, ABSTRACT NO. 1600
xao.arro.a.we�oo Prno,Tx7wn sruaam7
7AEII mm • 1BIm Ftomw • "WWA imrmh
Drawn: Checked: Date Job No. CITY OF FORT WORTH
JS TB 6/23/22 21-076 TARRANT COUNTY, TEXAS
Drawing: G:\2021 JOBS\21-076 19DI Heritage hate Pkwy\SURvMDNG\21-076 Encroachment Agr nmLdwg Saved By: Jsamaan Sm Time: 9/21/2022 4.37.13 PM Plotted by: jsamaan Plot Date: 9/21/2022 4:39 PM
METES & BOUNDS
BEING a tract of land situated in the J. Walker Survey, Abstract No. 1600, City of Fort
Worth, Tarrant County, Texas, being part of Lot 2, Block 1 of CVS—Harmon Addition,
according to the plat thereof recorded in Instrument No. D217215222 of the Plat
Records of Tarrant County, Texas, with the subject tract being more particularly
described as follows:
BEGINNING at a point from which a 5/8" capped iron rod found for the southwest
corner of Lot 2, Block 1, bears S 77°47'56" W, 372.16 feet;
THENCE N 00e39'01 " W, 15.02 feet to a point from which a 1 /2" capped iron rod
found for an east line of Lot 2 Block 1, bears N 09°1 1'34" W, 352.85 feet;
THENCE around a non —tangent curve to the right having a central angle of 00°32' 16",
a radius of 1279.75 feet, a chord of N 86e35'05" E — 12.01 feet, an arc length of
12.01 feet;
THENCE S 00`39'01 " E, 15.01 feet;
THENCE around a non —tangent curve to the left having a central angle of 00e32'39",
a radius of 1265.00 feet, a chord of S 86°32'58" W — 12.01 feet, an arc length of
12.01 feet to the POINT OF BEGINNING with the subject tract containing 180 square
feet or 0.004 acres of land.
PAGE 8 OF 16
J�SPIARS SANITARY SEWER EASEMENT ENCROACHMENT 3
ENGINEERING & SURVEYING
7BoeurNo"sus100 A== JOSIAH WALKER SURVEY, ABSTRACT NO. 1600
7MHOF2121 • MA Hn FPrnwlx7w75 s72»utavn IMMO0 • W M.141M>1MMAMI1
Drawn: Checked: Date Job No. CITY OF FORT WORTH
Js TB 6/23/22 21-076 TARRANT COUNTY, TEXAS
Drawing: G:\2021 JOBS\21-076 19DI Heritage hate Pkwy\SURVMDNG\21-076 Encroachment Agr nmLdwg Savad By: Jwmaan Sm Ti 9/21/2022 4.37.13 PM Plotted by: jsamaan Plot Date: 9/21/2022 4:39 PM
10 0 10 20
Basis of bearing:
State Plane Coordinate
System, North Texas
Central Zone 4202, North
American Datum of 1983.___---_—_—_---
Adjustment Realization
2011. _= z--
LOT Z BLOCK 1
15\Sanitary Sewer Esmt
--7 Inst. No.
z
\ i
— —
C115-HARMONADDI1ION
Inst. No. D217215222 PRTCT
217215222 PRTCT
o
— \
a3i I
-;a N
\ I
\ `•
�
cn I
a oo
I
N _ —T -- R=1279.75'
co I I I I Proposed 2" Private Domestic
Sanitary Sewer Easement
Ifti4*44.
ETIlc]Y:i➢ach71Tlle]Tllt �
---0.-e047Ac-----
(180 S.F.) <5 o
_ �Lo
Ex. 8" Public Sanitary Sewer o
D=0 3216 \
L=12.01' \
CB=N 86'35'05" E \ \
CD=12.01'
---- r
I
o I
o
v, —
' t 15' Sanitary Sewer Esmt
.16' D=0*3232'39" - R= = Inst. No. 217215222 PRTCT
" N 3�2
S ��'4�'56 W Iron Rod �CM� L=12.01'
Zo 5I$" Copped �\\\ ��M
CB=S 86.32'58" W
CD=12.01'
POINT OF \���` _ � ARKWAY
BEGINNING — ______ ------ HERITAGE�`RICHT_oF—WAY
___-------_—--------- —------------------- VARIABLE
-------------------------- �\\
PAGE 9 OF 16
J�SPIARS SANITARY SEWER EASEMENT ENCROACHMENT 3
ENGINEERIm7X7MSURVEYING
MOM- JOSIAH WALKER SURVEY, ABSTRACT NO. 1600
7eso.urim.a.sue.,ro Nrnlx75gA 97t,�atau�
7MNa F2121 • TIM Nn F100MW • —
Drawn: Checked: Date Job No. CITY OF FORT WORTH
Js TB 6/23/22 21-076 1 TARRANT COUNTY, TEXAS
Drawing: G:\2021 JOBS\21-076 19D1 Heritage hate Pkwy\SURvMDNG\21-076 Encroachment Agr nmLdwg Savad By: Jwmaan Sm T— 9/21/2022 4.37.13 PM Plotted by: jsamaan Plot Date: 9/21/2022 4:39 PM
755
750
745
CjIf
735
730
-Existing Groun 0+62.56
0 CL Pipe 2" Private
MV Water ,_--
--
0+57.55 0+67.57
2" Private Water, 6" Private Water
Ex. 12" PVC N cV
On 0.24%
CSS Backfill
0+00
1+00 1+50
Ex. Line 'SS-
1 "=40': H
1 "=4': V
755
750
745
VZ 'Ile,
735
730
PAGE 10 OF 16
J�SPIARS SANITARY SEWER EASEMENT ENCROACHMENT 3
ENGINEERING & SURVEYING
"n= JOSIAH WALKER SURVEY, ABSTRACT NO. 1600
xao.arro.a.we�oo PIr1o,Tx7wn sruaam7
7AEII mm • 1BIm Ftomw • "WWA imrmh
Drawn: Checked: Date Job No. CITY OF FORT WORTH
JS TB 6/23/22 21-076 1 TARRANT COUNTY, TEXAS
Drawing: G:\2021 JOBS\21-076 19DI Heritage hate Pkwy\SURvMDNG\21-076 Encroachment Agr nmLdwg Saved By: Jsamaan Sm Time: 9/21/2022 4.37.13 PM Plotted by: jsamaan Plot Date: 9/21/2022 4:39 PM
METES & BOUNDS
BEING a tract of land situated in the J. Walker Survey, Abstract No. 1600, City of Fort
Worth, Tarrant County, Texas, being part of Lot 2, Block 1 of CVS—Harmon Addition,
according to the plat thereof recorded in Instrument No. D217215222 of the Plat
Records of Tarrant County, Texas, with the subject tract being more particularly
described as follows:
BEGINNING
at a point
from which a
1 /2" capped
iron rod found along the east line of
Lot 2,
Block 1, bears
N
1 1 `35'04" W,
67.42 feet;
THENCE
S
89e49' 17"
E,
31.52 feet;
THENCE
N
00°10'43"
E,
4.50 feet;
THENCE
S
89*49' 17"
E,
11.00 feet;
THENCE
S
00"10'43"
W,
13.00 feet;
THENCE
N
89*49'17"
W,
11.00 feet;
THENCE
N
00e10'43"
E,
4.50 feet;
THENCE
N
89°49' 17"
W, 31.60 feet
to a point
from which a 5/8" capped iron rod
found for
the southwest
corner of Lot 2, Block 1,
bears S 40°45'55" W, 491.09 feet;
THENCE
N
01 °20'59"
E,
4.00 feet to the POINT
OF BEGINNING with the subject tract
containing
269 square feet or 0.006
acres of land.
PAGE 11 OF 161
J�SPIARS DRAINAGE EASEMENT ENCROACHMENT 4
ENGINEERING & SURVEYING
7BoeurNo"sus100 A== JOSIAH WALKER SURVEY, ABSTRACT NO. 1600
7MHOF2121 • MA Hn FPrnwlx7w75 s72»utavn IMMO0 • W M.141M>1MMAMI1
Drawn: Checked: Date Job No. CITY OF FORT WORTH
Js TB 6/27/22 21-076 TARRANT COUNTY, TEXAS
Drawing: G:\2021 JOBS\21-076 19DI Heritage hate Pkwy\SURVMDNG\21-076 Encroachment AgmnwLdwg Savad By: Jwmaan Sm T— 9/21/2022 4.37.13 PM Plotted by: jsamaan Plot Date: 9/21/2022 4:39 PM
=me
1 1
Basis of bearing:
State Plane Coordinate
System, North Texas
Central Zone 4202, North
American Datum of 1983.
Adjustment Realization
2011.
uu I
V
LOT Z BLOCK 1
CV67-HARMON ADDITION
Inst. No. D2172152I2I2 PRTCT
II I
IVSPIARS
ENGINEERING & SURVEYING
7SOMWIlI.4SUU100 PI11gTx7M • 97L422=
Drawn: I Checked:1 Date I Job No.
JS I TB 6/27/22 1 21-076
POINT OF
BEGINNING
Proposed 24" Private Storm
01'20'59"
I I -
I
I
I
I
i
I
I
I I1/2" CIRF
I
I
-i6 — —
I I
I
I
I
I
1—
Iz I I
I
I, I
Permanent Drainage
Facility Easement
I
Inst. No. 215019585 � 1
I Z I i DRTCT
I
I
I N j
I I I 15' Sanitary Sewer Esmt
I Inst. No. 217215222 PRTCT 1
I I
I I I 1
I I
I I
IN 00'10'43" E
4.50S 89*49117" E
00'
I S 89'49'17" E 11.3::
31.52' Q M .
19 C 1
O M
N 89'49'17" W
31.60'
I I N 89'49'17" W
E I IN 00'10'43" E 11.00'
0' o`� ��� i 4.50'
Drainage Easement 1
ear` I i Encroachment
�h QQ I 0.006 Ac.
(269 S.F.)
Approximate Location of
Flood Zone AE
per FIRM No. 48439CO065L ---- T—
dated 03/21/2019
I I
I I I
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I I I
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I I I I
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I I
I I I
I I
i I
PAGE 12 OF 16
DRAINAGE EASEMENT ENCROACHMENT 4
JOSIAH WALKER SURVEY, ABSTRACT NO. 1600
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
Drawing: G:\2021 JOBS\21-076 19DI Heritage hate Pkwy\SURvMDVn\21-076 Encroachment AgmnwLdwg Savad By: Jwmaan Sm T— 9/21/2022 4.37.13 PM Plotted by: jsamaan Plot Date: 9/21/2022 4:39 PM
METES & BOUNDS
BEING a tract of land situated in the J. Walker Survey, Abstract No. 1600, City of Fort
Worth, Tarrant County, Texas, being part of Lot 2, Block 1 of CVS—Harmon Addition,
according to the plat thereof recorded in Instrument No. D217215222 of the Plat
Records of Tarrant County, Texas, with the subject tract being more particularly
described as follows:
BEGINNING
at a point
from
which
a 5/8" capped iron rod found for the southwest
corner of
Lot 2, Block
1, bears S
67°44'40" W, 281.31 feet;
THENCE N
00e10'43" E,
24.26
feet;
THENCE N
82°03'55" E,
4.04
feet to a point from which a 1/2" capped iron rod found
along an
east line of Lot 2,
Block
1, bears N 07°50'30" E, 313.56 feet;
THENCE S
00°10'43" W,
24.24 feet;
THENCE S
81`50'50" W,
4.04
feet
to the POINT OF BEGINNING with the subject tract
containing
97. square feet or
0.002 acres of land.
PAGE 13 OF 161
J�SPIARS PUBLIC ACCESS EASEMENT ENCROACHMENT 5
422=r M ENGINEERING d�SUR
79SOSYrNo«LAYd 70D JOSIAH WALKER SURVEY, ABSTRACT NO. 1600
7MNa F2121 • TM Nn FNro,lxlsms 7AA�ims•
IMMO0 • —
Drawn: Checked: Date Jab No. CITY OF FORT WORTH
Js TB 6/27/22 21-076 TARRANT COUNTY, TEXAS
Drawing: G:\2021 JOBS\21-076 19DI Heritage hate Pkwy\SURVMDNG\21-076 Encroachment AgmnwLdwg Savad By: Jwmaan Sm T— 9/21/2022 4.37.13 PM Plotted by: jsamaan Plot Date: 9/21/2022 4:39 PM
Basis of bearing:
State Plane Coordinate
System, North Texas
Central Zone 4202, North
American Datum of 1983.
Adjustment Realization
2011.
J N 82.03'55" E
4.04
N 00.10'43" E_
24.26'
POINT OF
BEGINNING
24' Public Access Esmt
Inst. No. 217215222
PRTCT
a1lcMl
S 6� ,oP e \t0� Ro
\051$ C P I QJ
�0
0
Z o
LU
O �
M Q
U
C
N
Z �
1°
U
W
a�
0
0
I �
a�
N
C
I I I
I I \
I
I
I I \ \
I
I
I \
I I \
I
I \
I
I
I \ \
Drainage Facility Esmt
Inst. No. 217215222 PRTCT \
i I i I •
I I
I I I \
I I
I I
I I I
I I I
I I
I
I I
I I
I
LOT Z BLOCK 1
CV5-HARMON ADDITION
Inst. No. D217215222 PRTCT
N
� I
O
Access Easement
ON
� ]Errncroach ment
0.002 Ac.
N i (97S. I
S 81.50'50" W
4.04'
I
I I �
15' Sanitary Sewer Esmt
I I Inst. No. 217215222 PRTCT
i
of I
I
o I -
I
Proposed 6" Pri%
0o I f l Proposed T Priv
w i Sanitary Sewer Ease1
I
Encroachment
—
__J t__------_(180S.F.)
Ex. 8" Public Sanitary Sewer
S11,1
_To 5�$ 4C0p e-d
15' Sanitary Sewer Esmt
Inst. No. 217215222 PRTCT
POINT OF
BEGINNING
- --------------- PAGE 14 OF 16
J�SPIARS PUBLIC ACCESS EASEMENT ENCROACHMENT 5
ENGINEERING &SURV"n= JOSIAH WALKER SURVEY, ABSTRACT NO. 1600
�o.arro.a.we�oo Prno,Tx7wn srux:.am7
7AEII "M • IAFSN6Ftomw • "WWA*strrma
Drawn: Checked: I Date I Job No. CITY OF FORT WORTH
JS TB 6/27/22 1 21-076 TARRANT COUNTY, TEXAS
Drawing: G:\2021 JOBS\21-076 19D1 Heritage hate Pkwy\SURVMDVn\21-076 Encroachment AgmnwLdwg Savad By: Jwmaan Sm T— 9/21/2022 4.37.13 PM Plotted by: jsamaan Plot Date: 9/21/2022 4:39 PM
METES & BOUNDS
BEING a tract of land situated in the J. Walker Survey, Abstract No. 1600, City of Fort
Worth, Tarrant County, Texas, being part of Lot 2, Block 1 of CVS—Harmon Addition,
according to the plat thereof recorded in Instrument No. D217215222 of the Plat
Records of Tarrant County, Texas, with the subject tract being more particularly
described as follows:
BEGINNING at a point from which a 5/8" capped iron rod found for the southwest
corner of Lot 2, Block 1, bears S 68° 19'47" W, 293.03 feet;
THENCE N 08e15'28" W, 18.16 feet;
THENCE N 36°44'32" E, 8.15 feet to a point from which a 1 /2" capped iron rod found
along the east line of Lot 2, Block 1, bears N 06°01'14" E, 310.98 feet;
THENCE N 82°44'37" E, 5.56 feet;
THENCE S 36`44'32" W, 10.36 feet;
THENCE S 08e15'28" E, 16.55 feet;
THENCE S 82°21'50" W, 4.00 feet to the POINT OF BEGINNING with the subject tract
containing 106 square feet or 0.002 acres of land.
PAGE 15 OF 161
J�SPIARS PUBLIC ACCESS EASEMENT ENCROACHMENT 6
ENGINEERING & SURVEYING
M422=r JOSIAH WALKER SURVEY, ABSTRACT NO. 1600
7esosurxo�e.wstro PIr1o,Txrms m.w.mr•
TMENOMM • "M F1000100 • M
Drawn: Checked: Date Jab No. CITY OF FORT WORTH
Js TB 6/27/22 21-076 TARRANT COUNTY, TEXAS
Drawing: G:\2021 JOBS\21-076 19DI Heritage hate Pkwy\SURvMDNG\21-076 Encroachment AgmnwLdwg Savad By: Jwmaan Sm T— 9/21/2022 4.37.13 PM Plotted by: jsamaan Plot Date: 9/21/2022 4:39 PM
I 1
1J � I
� I
I I \
i I
Drainage Facility Esmt \
Inst. No. 217215222 PRTCT
cc
10 0 10 20 !off
1 20 I I
,> 1 � 0 III
=�I I I i I
Basis of bearing: -
CL
State Plane Coordinate n I I I
System, North Texas o ci I I
Central Zone 4202, North
American Datum of 1983.
Adjustment Realization
2011. I �� ;.\ i I LOT Z BLOCK 1
` I CV5-HAIZMON ADDITION
I
Inst. No. D217215222 PRTCT
Proposed 12" Private Storm
N 82'44'37" E--
5.56' -- - —
N 36°44'32" E 1 1 15' Sanitary Sewer Esmt
815' S 36°44'32" W I� Inst. No. 217215222 PRTCT
10.36'
z o Access F-aseeffnt ;
0
24' Public Access Esmt °D Ln v " Erteroehrn''rnt
0.00P Ac.
Inst. No. 217215222 - o' C0 (1061S.F.) cn Z = —
_ PRTCT m I r
Pr Dosed 6" I
POINT OF
BEGINNING
W R°
5 '.Z1gC Ppea—
\0 "Il--____-----
S 82°21'S0" W a
4.00' 00
I XI
w
Sanitary Sewer
I ,.a
I--------- . 180S.F.
Ex. 8" Public Sanitary Sewer
— N 312
S V 41'S6" W Iron R0
Capped
15' Sanitary Sewer Esmt
Inst. No. 217215222 PRTCT
POINT OF
BEGINNING
-----------H���AG %T'�,WAY_______________
- PAGE 16 OF 16
J�SPIARS PUBLIC ACCESS EASEMENT ENCROACHMENT 6
ENGINEERING & SURVEYING JOSIAH WALKER SURVEY, ABSTRACT NO. 1600
�osarxo�a.wsiro Prno,Tx7wn srux:.am7
7AEIIO"M • 1BIFSN6Ftomw • "WWA*stMM"
Drawn: Checked: Date Job No. CITY OF FORT WORTH
JS TB 6/27/22 21-076 TARRANT COUNTY, TEXAS
Drawing: G:\2021 JOBS\21-076 19DI Heritage hate Pkwy\SURvMDYn\21-076 Encroachment AgmnwLdwg Savad By: Jwmaan Sm T— 9/21/2022 4.37.13 PM Plotted by: jsamaan Plot Date: 9/21/2022 4:39 PM
EXHIBIT D
Certificate of Insurance
Tier H Easement Encroachment Agreement Page 13 of 13
Revised 03/2022