HomeMy WebLinkAboutContract 58732Date Received: 1/17/2023
Time Received: 1:23 p.m.
Record Number: PN22-00167
City Secretary No.: 58732
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 BCD SINGH Holdings, LLC,
a(n) a Texas limited liability company ("Licensee"), acting by and through its duly
authorized President.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 1220 Highway
114, Fort Worth, Texas 76051 ("Property"), as recorded in the Deed Records, by
Instrument Number 2022-172615, in Denton County, Texas, being more particularly
described in the attached Exhibit "A" which is incorporated herein for all purposes; and
WHEREAS, the City owns a public water main (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-19-
139; 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 gas, underground electrical line, underground
telephone line, fence, storm drain, conduits, water line, sanitary sewer and monument
OFFICIAL RECORD
Tier II Basement Encroachment Agreement CITY SECRETARY Page 1 of 14
devised 11/2020
FT. WORTH, TX
sign, (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to
be responsible for maintaining the Encroachment within the Public Property. Licensee
shall not expand or otherwise cause 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
Tier II Easement Encroachment Agreement Page 2 of 14
Revised 11/2020
condition acceptable to 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. 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 ($900.00).
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.
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9.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION
WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION,
MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE
ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT
CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF
THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND
RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL
LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL
INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY
PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE
ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF
LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES.
10.
While this Agreement is in effect, Licensee agrees to furnish City with a
Certificate of Insurance naming City as certificate holder as proof that is has secured and
paid for a policy of public liability insurance covering all public risks related to the
proposed use and occupancy of public property as located and described in Exhibit "C."
The amounts of such insurance shall be not less than
$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 Easement 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
respondeat superior shall not apply as between City and Licensee, its officers, agents,
servants, employees, contractors, and subcontractors, and nothing herein shall be
construed as creating a partnership or joint enterprise between City and Licensee.
15.
Licensee agrees and acknowledges that this Agreement is solely for the purpose
of permitting Licensee to construct, maintain, and locate the Encroachment over or within
the Public Property and is not a conveyance of any right, title, or interest in or to the
Public Property, nor is it meant to convey any right to use or occupy property in which a
third -party may have an interest. Licensee agrees that it will obtain all necessary
permissions before occupying such property.
Tier II Easement Encroachment Agreement Page 5 of 14
Revised 11/2020
16.
In any action brought by the City for the enforcement of the obligations of the
Licensee, City shall be entitled to recover interest and reasonable attorneys' fees.
17.
The parties agree that the duties and obligations contained in Section 5 shall
survive the termination of this Agreement.
18.
Licensee covenants and agrees that it will not assign all or any of its rights,
privileges, or duties under this Agreement without the written approval of the City, and
any attempted assignment without such written approval shall be void. In the event
Licensee conveys the Property, Licensee may assign all of its rights and obligations under
this Agreement to the new owner of the Property, and Licensee shall be deemed released
from its duties and obligations hereunder upon City's approval in writing of such
assignment, which approval shall not be unreasonably conditioned or withheld.
Foreclosure by a secured lender of Licensee or assignment to a secured lender by
Licensee in the event of default or otherwise shall not require City approval provided that
said lender notifies City in writing within sixty (60) days of such foreclosure or
assignment and assumes all of Licensee's rights and obligations hereunder. However, no
change of ownership due to foreclosure or assignment to any secured lender of Licensee
shall be effective as to City unless and until written notice of such foreclosure or
assignment is provided to City.
19.
Any cause of action for breach of this Agreement shall be brought in Tarrant
County, Texas. This Agreement shall be governed by the laws of the State of Texas.
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 Easement Encroachment Agreement Page 6 of 14
Revised 11/2020
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Tier II Easement Encroachment Agreement Page 7 of 14
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City:
CITY OF FORT WORTH
By: DJ Harrell (Jan 13, 2023 15:03 CST)
D.J. Harrell, Director of the
Development Services Department
Date: Jan 13, 2023
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Tgnvrefife S. Goodall
Jannette S. Goodall (Jan 17, 202313:22 CST)
Jannette Goodall,
City Secretary
Date: J an 17, 2023
Licensee:
BCD SINGH HOLDINGS. LLC
a Texas limited liability company
By: `-� C,-,
Name: Charan Walia
Title: President
Date: I Z .!�; /"� 3
Approved As To Form and Legality
Thomas Royce Hansen
Assistant City Attorney
Date: Jan 13, 2023
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
Rebecca Diane Owen
Rebecca Diane Owen (Jan 13, 202311:21 CST)
Rebecca Owen
Development Services
Date: Jan 13, 2023
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Tier 11 Easement Encroachment Agreement Page S of 14
Revised 11/2020
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 13th day of
January 20 23
WendLDigitally signed by
Y� Wendy L. Beardslee
Bea rd s I ee Date: 2023.01.13
15:48:34-06'00'
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
o�pRy P(WENDY L BEARDSLEE
z Notary Public
* * STATE OF TEXAS
Notary I.D. 13323719-3
9�00 My Comm. Exp. July 28, 2025
Tier II Easement Encroachment Agreement
Page 9 of 14
Revised 11/2020
STATE OF e a
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BEFORE ME, the undersigned authority, a Notary Public in and for the State of
ew's , on this day personally appeared G ct4-"v1 c,I'a'e (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
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GIVEN UNDER MY HAND AND SEAL OF OFFICE this Gt"l day of1� ,
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C.�
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State of T&X-aS
Tier II Easement Encroachment Agreement
E
Dylan Mark Pumphrey
My Commission Expires
1127/2026
Notarryy ID
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Page 10 of 14
Revised 11/2020
EXHIBIT A
Legal Description of the Licensee's Property
Being Lot 1, Block 1, of LOTS 1, 2 AND 3, BLOCK 1, VERDAD GREENWAY
ADDITION, an Addition to the City of Fort Worth, Tarrant County, Texas according to the
Final Plat thereof recorded in cc# 2020-87, Plat Records, Denton County, Texas
Tier II Easement Encroachment Agreement Page 11 of 14
Revised 11/2020
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Tier II Easement Encroachment Agreement Page 12 of 14
Revised 11/2020
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Denton County
Juli Luke
County Clerk
Instrument Number: 159702
ERecordings-RP
EASEMENT
Recorded On: November 18, 2022 08:17 AM
Number of Pages: 7
" Examined and Charged as Follows: "
Total Recording: $50.00
*********** THIS PAGE IS PART OF THE INSTRUMENT ***********
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information:
Document Number: 159702
Receipt Number: 20221117000536
Recorded Date/Time: November 18, 2022 08:17 AM
User: Kraig T
Station: Station 21
STATE OF TEXAS
COUNTY OF DENTON
Record and Return To:
Corporation Service Company
I hereby certify that this Instrument was FILED In the File Number sequence on the date/time
printed hereon, and was duly RECORDED in the Official Records of Denton County, Texas.
Juli Luke
County Clerk
Denton County, TX
EASE22-00028 — New Daycare Facility
Parcel 01
Property ID 775462
Lot 1, Block 1, Verdad Greenway Addition
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DENTON §
CITY OF FORT WORTH
PERMANENT SEWER FACILITY EASEMENT
DATE: Nov 17, 2022
GRANTOR: MCKELVEY-COLE VP LP, a Texas limited partnership
GRANTOR'S MAILING ADDRESS (including County):
2808 FAIRMOUNT STREET, SUITE 100
DALLAS, DALLAS COUNTY, TX 75201
GRANTEE: CITY OF FORT WORTH
GRANTEE'S MAILING ADDRESS (including County):
200 TEXAS ST.
FORT WORTH, TARRANT COUNTY, TX 76102
CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged.
EASEMENT PROPERTY: Being more particularly described in the attached Exhibit "A"
Grantor, for the consideration paid to Grantor and other good and valuable consideration, hereby
grants, sells, and conveys to Grantee, its successors and assigns, an exclusive, perpetual
easement for the construction, operation, maintenance, replacement, upgrade, and repair of a
Permanent Sewer Line Facility (hereafter referred to as "Facility"). The Facility includes all
incidental underground and aboveground attachments, equipment and appurtenances, including,
but not limited to manholes, manhole vents, lateral line connections, pipelines, junction boxes in,
upon, under and across a portion of the Easement Property and more fully described in Exhibit
"A" attached hereto and incorporated herein for all pertinent purposes, together with the right
SHTWORTH
SEWER FACILITY EASEMENT
Rev. 12l212021
and privilege at any and all times to enter the Easement Property, or any part thereof, for the
purpose of constructing, operating, maintaining, replacing, upgrading, and repairing said Facility.
In no event shall Grantor (1) use the Easement Property in any manner which interferes in any
material way or is inconsistent with the rights granted hereunder, or (II) erect or permit to be
erected within the easement property a permanent structure or building, including, but not
limited to, monument sign, pole sign, billboard, brick or masonry fences or walls or other
structures that require a building permit. However, Grantor shall be permitted to install and
maintain a concrete, asphalt or gravel driveway, road or parking lot across the Easement
Property. Grantee shall be obligated to restore the surface of the Easement Property at Grantee's
sole cost and expense, including the restoration of any sidewalks, driveways, or similar surface
improvements located upon or adjacent to the Easement Property which may have been
removed, relocated, altered, damaged, or destroyed as a result of the Grantee's use of the
Easement Property granted hereunder. Provided, however, that Grantee shall not be obligated to
restore or replace irrigation systems or other improvements installed in violation of the
provisions and intended use of this Easement Property.
TO HAVE AND TO HOLD the above -described Easement Property, together with all and
singular the rights and appurtenances thereto in any way belonging unto Grantee, and Grantee's
successors and assigns forever; and Grantor does hereby bind itself and its successor and assigns
to warrant and forever defend all and singular the easement unto Grantee, its successor and
assigns, against every person whomsoever lawfully claiming or to claim the same, or any part
thereof.
When the context requires, singular nouns and pronouns include the plural.
[SIGNATURES APPEAR ON THE FOLLOWING PAGES]
Foeorx.
SEWER FACQ.ITY EASEA7ENC
Rev. 12l M21
GRANTOR:
MCKELVEY-COLE VP LP,
a Texas limited partnership
By: GREENWAY-MCKELVEY GP, LLC,
a Texas limited liability company
its General Partner
1 ,
By:
T d Petty, VkaKesident
ACKNOWLEDGMENT
THE STATE OF TEXAS §
§
COUNTYOF b0.1101s §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
TEXAS, on this day personally appeared Todd Petty, Vice President, known to me to be the
same person whose name is subscribed to the foregoing instrument, and acknowledged to me
that the same was the act of GREENWAY-MCKELVEY GP, LLC, a Texas limited liability
company, the general partner of MCKELVEY-COLS VP LP, a Texas limited partnership, and
that he/she executed the same as the act of said entities for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND. AND SEAL OF OFFICE this 16+� day of
-
`�
NM
ROW Notary Public in and for the State of Texas
UBLICTEXASP. 06/2o/255s7097-0
Fa r.
SEWER FACQ.ITY EASEMENT
ROv. 12M2021
GRANTEE: CITY OF FORT WORTH
By: DanaBurghdoff(N 17,202 4:55CST)
Dana Burghdoff
Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
Name: Thomas Hansen
Assistant City Attorney
CONTRACT COMPLIANCE MANAGER:
By signing, I acknowledge that I am the person responsible for the monitoring and
administration of this contract, including ensuring all performance and reporting requirements.
By: Rebecca Owen (Nov 16, 2022 13:40 CST)
Rebecca Diane Owen
Planning Manager
ACKNOWLEDGEMENT
THE 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 Dana Burghdoff, Assistant City Manager of the
CITY OF FORT WORTH, known to me to be the same person whose name is subscribed to
the foregoing instrument, and acknowledged to me that the same was the act of the CITY OF
FORT WORTH and that he executed the same for the purposes and consideration therein
expressed and, in the capacity, therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
z° Matt Ti I I Digitally signed by Matt Tilly
Date: 2022.11.17 16:47:38
06'00'
`rr PFL�Y Notary Public in and for the State of TEXAS
, Notary Pubic
`; ;4 STATE OF TEXAS
L or 1D# 133026152
My Comm, Exp. Apr. 01j, 2M
RTWORT .
SEWER FACILITY EAMIEWF
Rev. 12=021
EXHIBIT "All
EASEMENT DESCRIPTION
Being a 0.0449 acre tract of land situated in the Charles Tydings Survey, Abstract No. 1276, City of Fort Worth, Denton
County, Texas, being part of Lot 1, Block 1, Verdad Greenway Addition, an addition to the City of Fort Worth, Denton
County, Texas, according to the plat thereof recorded in Document Number 2020-87 of the Official Public Records,
Denton County, Texas, (0.P.R.D.C.T.), as conveyed to McKelvey -Cole VP, LP by General Warranty Deed, recorded in
Document Number 2019-144209, (O.P.R.D.C.T.) and being more particularly described as follows:
COMMENCING at a 5/8 inch iron rod with cap stamped "Traverse LS Prop Cor" (Controlling Monument (CM)) found on
the common northeasterly corner of said Lot 1, Block 1, and the northwesterly corner of Lot 2, Block 1, of said Verdad
Greenway Addition, and also being on the southerly right-of-way line of Highway 114 (variable width right-of-way);
THENCE South 00 degrees 19 minutes 39 seconds West, departing the southerly right-of-way line of said Highway 114,
and being along the common easterly line of said Lot 1, Block 1, and the westerly line of said Lot 2, Block 1, a distance
of 121.91 feet to the POINT OF BEGINNING;
THENCE South 00 degrees 19 minutes 39 seconds West, continuing along the aforesaid common line, a distance of
16.00 feet to a point for comer, from which a 518 inch iron rod with cap stamped "Traverse LS Prop Cor" (CM) found on
the common southeasterly corner of said Lot 1, Block 1, and the southwesterly corner of said Lot 2, Block 1, bears
South 00 degrees 19 minutes 39 seconds West - 206.59;
THENCE departing the common easterly line of said Lot 1, Block 1, and the westerly line of said Lot 2, Block 1, and
being over, under and across said Lot 1, Block 1 the following five (5) calls;
1) North 89 degrees 40 minutes 21 seconds West, a distance of 122.24 feet to a point for corner on the easterly
line of an existing sanitary sewer easement, as recorded in Document Number 2019-45979 (O.P.R.D.C.T.);
2) North 00 degrees 19 minutes 35 seconds East, continuing along the easterly line of said sanitary sewer
easement, a distance of 4.01 feet to a point for comer on the northeasterly corner of said sanitary sewer
easement;
3) North 89 degrees 59 minutes 54 seconds West, along the northerly line of said sanitary sewer easement, a
distance of 11.08 feet to a point for comer, said point being on the easterly line of a public access easement,
as recorded in Document Number 2019-45869 (O.P.R.D.C.T.);
4) North 00 degrees 11 minutes 16 seconds West, continuing along the easterly line of said public access
easement, a distance of 11.05 feet to a point for corner;
5) South 89 degrees 40 minutes 21 seconds East, departing the easterly line of said public access easement, a
distance of 133.41 feet to the POINT OF BEGINNING and containing 0.0449 acres of land (1,956 sq. ft.);
15' PUBLIC SANITARY SEWER EASEMENT 11/11/22
94
,i1tSi 6► 5 T �R
A PORTION OF LOT 1, BLOCK A .........................
VERDAD GREENWAY ADDITION c"Ai$Ec"°`wFM°
CHARLES TYDINGS SURVEY, ABSTRACT NO. 1276 :A�a �'� �P
CITY OF FORT WORTH, DENTON COUNTY, TEXAS L®
Surveying I C0101don Slaking I Platting
JOB No. TR-55.2-22 DRAWN BY: CRC 14200 Midway Road, Suite 130
Dalas, TX 75244 T: 46%7$4.9321
DATE: NOVEMBER 11, 2422 CHECKED BY: MAN
CHASE CRAWFO W. TraverseLandSurveying.com
SCALE: 1 "=4O' i SHEET 1 OF 2 TEXAS RPLS NO. 6913 Texas Firm No. 10194631
No.
LINE TABLE
Bearing F Distance.
L1
S 00-19'39"W
15.00'
L2
N 00'19'35"E
_
4.01'
L3
N 89'59'54"W
11.08'
L4
N 00' 11 ' 16"W
11.05,
EXHIBIT "A"
HIGHWAY 114
POINT OF
5 W IRON Roo (VARIABLE WIDTH RIGHT—OF—WAY) 5/8' IRON ROD
W CAP 3963 FOUND W/CAP (TRAVERSE LS
(CM) PROP CDR) FOUND (CM)
S 89'43'34"E _ _ 180,0D' J(
` - - - - - - - - 20' ZOUICKSILVER - - - - - -
I '
DOG. N0. 2010-94349
DOG. N0. 2010-84350
-------- —�^—�— O.P.RA.C.. -----^ — -^ ---
I .�
I
25' WATER LINE ESW.
Ij DOC. NO. 2018-9513
O.P.R.O.C.T.
IT
{ 1
— — — — — — —
I I LOT I, BLACK I
I I I VERDAD GREENWAY ADDITION
DOC. NO.2020-87
LOT 1, BLOCK A I I I U.P.R.D.C.T. I LOT 2, BLOCK I
AVLLLA RESERVE I I I # VERDAD CREE WAY ADDITION
DOC. No. 2019-332 I MCKELVEY-GOLF VP LP DOC. NO.2o20-s7
o.P.RD.C.r. I i , PUSLIC ACCESS ESMT, PORTION OF A CALLED 7.1130 ACRES
t• Doo. N0. 2019-45869 DOC. NO. 2019-144209
yW I I I O.P.RD.C.T. O.P.R.D.C.T.
�31 lI I k v�
1,4224 ACRES I
61.s60 SO. FT. POINT OF
S 89'4A'21' E — 133.41' BEGINNING
I L4 // / L7
--------- I r
1411,11
N 88.4Q'21' W — 122.24'
I
SANITARY SEWER ESMr.
ooc o P.R.D'.C.T. �79 15' PUBLIC SANITARY
SEWER EASEMENT n
0.0449 ACRES
(1,956 SO. FT.) '
al ��
Z� INGS SURVEY 'b
IN
44 20 0 I CHARBSTRACT No' 276
I A - CAP p
5 B' IRON RDraOL5
SCALE IN FEET PROP OOR) FOUND (CM)
i
The Basis of Bearings is from the Texas State Plane Coordinate System, NAD83,
North Central Zone as derived from GPS observations using the Alfterra RTK
Network and adjusted to surface using a surface scale factor of 1.00016063.
15' PUBLIC SANITARY SEWER EASEMENT
A PORTION OF LOT 1, BLOCK A
VERDAD GREENWAY ADDITION
CHARLES TYDINGS SURVEY, ABSTRACT NO. 1276
CITY OF FORT WORTH, DENTON COUNTY, TEXAS
JOB No. TR-755.2--22 DRAWN BY: CRC
DATE: NOVEMBER 11, 2022 I CHECKED BY: MAN
SCALE: 1 "=40' I SHEET 2 OF 2
11/11
CHASE CRAWFOR'D
TEXAS RPLS NO. 6913
4
T OE RSe
LSDr1im 9162LLC
ng I Cm&uifimStift I erg
14200 Midway Road, Suite 130
Dallas, TX 76244 T. 469.784.0321
W. Traversel-andSurveying.00m
Texas Firm No. 10194631
EXHIBIT C
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement Page 13 of 14
Revised 11/2020
I
w
Q•
3I
io. i 15 LF PROPOSED UNDERGROUND
ELECTRIC & TELEPHONE LINE
x I ENCROACHING 8" SEWER LINE REFER INSET-2 IN
25 LF PROPOSED UNDERGROUND ELECTRIC &
TELEPHONE LINE ENCROACHING 16" WATER LINE EXHIBIT -Al FOR
& EXISTING GAS LINE i PROFILE VIEW
a. I PROPOSED 10'
T-1 ELEC. EASEMENT
E-1 C.I.
—�— —� —
_____-________.- _____i________________________ _____________________ ---- Y---- ---- l__________
�
15,
I• r "ol � i PUBLIC SEWER
w° EASEMENT
REFER INSET-1 DOC. NO. 159702
25' WATERLINE ESMT.
IN EXHIBIT li
DOC. NO. 2018-9513 FOR PROFILE
O.P.R.D.C.T. .. WI i VIEW
a
,,. w°
°i i 15LF I
G 1` I I i PROPOSED jj I
25LF UNDERGROUND I
r GAS LINE,
PROPOSED I
EXISTING ' : I i DOMESTIC // I
I ram" ' I UNDERGROUND
w GAS i WATER & IRR.
o c� LINE ''• GAS LINE
I z OI I I ENCROACHING LINE // I
_ > 6� ENCROACHING
a 00 16' WATER
4 —I a I LINE 8" SEWER
1� LINE
ae
u O ,.V
FTL� m cf)i' PROPOSED REFER INSET-2
g 0 I CONNECTION ' IN EXHIBIT -Al I
a 0)I :;�^ I TAPS TO BE FOR PROFILE I
00I..
I INSTALLED /j VIEW I
BY CITY VIA
MISC.
CONTRACT
I.r•? i I • i i O O
1 •` I I / I I I
I
.:� LT
�-- ••
,i
FDCi I I
S
C
---- PH -------
EXISITNG 16" i iI r
iWATER LINE i o ii L
XXP i i i I
p i i i r PROPOSED
p i i I MONUMENT
o i i SIGN
25' WATERLINE ESMT.
DOC. NO. 2018-9513
0.P.R.D.C.T.
NORTH
0 30 60
SCALE: V=30'
MONUMENTSIGN
WOODIFENCE
PROPOSED DRY UTILITY CALLOUTS
LABELS
DESCRIPTIONS
PAD MOUNTED TRANSFORMER & PRIMARY ELECTRIC
SERVICE BY SERVICE PROVIDER. GC TO INSTALL
E-1
1 -4" CONDUIT AND SECONDARY WARE FROM
TRANSFORMER TO BUILDING. COORDINATE W/LOCAL
SERVICE PROVIDER FOR TYPE OF TRANSFORMER.
PROPOSED GAS SERVICE TO BUILDING
�,_,�
INSTALL 1 - 2" CONDUIT FROM BUILDING
TO EXISTING GAS LINE ALONG HIGHWAY 114.
(COORDINATE W/SERVICE PROVIDER).
PROPOSED TELEPHONE SERVICE TO BUILDING.
T_,�
GC TO INSTALL 1 - 2" CONDUIT FROM
BUILDING TO PROPERTY LINE.
(COORDINATE W/SERVICE PROVIDER).
EXHIBIT -A
OVERALL EXHIBIT
SIGN/TOWING
ENFORCED
GODDARD SCHOOL
1220 S.H. 114
FORT WORTH, TEXAS
TRIANGLE
19413INEI ING LLC
T: 469.331.8 l F: 469.231.7146 1 E: kp..l&,r gl° gr.com
W t'i°ngl°-°ngr.°°m 1 O: 17K M°Dem Drive, Allen, TX 7W13
nniV Cava Engineering Comistruction Management
iN DRAWN DATE SCALE PROJECT NO. SHEET N.
KR 10-12-22 OVERALL
TX PE FIRM #11525 EXHIBIT
710
PROPOSED UNDERGROUND
ELECTRIC TELEPHONE&
GAS LINE
(GC TO MAINTAIN ATLEAST
3' OF VERTICAL CLEARANCE
BETWEEN EXISTING 16"
WATER LINE & PROPOSED
UNDERGROUND UTILITIES
FL=+/-709.50
EXISTING 16" WATER LINE
@ 1.50% SLOPE
(FL = +/-706.50)
705
SCALE H: 1'=10' V: 1"=1'
INSET-1
715
PROPOSED UNDERGROUND
ELECTRIC &TELEPHONE
PROPOSED UNDERGROUND
NE
GAS LINE
(GC TO MAINTAIN ATLEAST
AIN ATL
3' OF VERTICAL CLEARANCE
3' OF VERTICAL CLEARANCE
BETWEEN 8" SANITARY
BETWEEN 8" SANITARY
SEWER LINE & PROPOSED
SEWER LINE & PROPOSED
UNDERGROUND UTILITIES)
UNDERGROUND UTILITY)
_
FL=+/-711.87
PROPOSED 6" & 2" WATER
LINE
(GC TO MAINTAIN ATLEAST
3' OF VERTICAL CLEARANCE
BETWEEN 8" SANITARY
SEWER LINE & PROPOSED
UTILITIES)
FL=+/-711.95
710
8" PUBLIC SANITARY SEWER
LINE @ 1.00%SLOPE
W N �
F m F.6 f
6
Z^ Z o Z o
y N N
i n r
705
m LL
SCALE H: V=10' V: 1"=1'
INSET-2
GODDARD SCHOOL
1220 S.H. 114
10
FORT WORTH, TEXAS
TRI—�A_J•NEpG'�`I[_.LLLEC
NORTH EXHIBIT-A1
0 30 60
UTILITY CROSSING
T—.331.85661 F: 469.231.7146 1 E k, @Irlangle engr.com
W. triangle-"g-., 1 0: 1782 McDermott Drive Allen TX ]6013
Planning I CMI Engineering Corlslruotion Managemert
EXHIBIT
DESIGN
DRAWN
DATE
SCALE
PROJECT NO.
SHEET NO.
KP
KR
10-12-22
OVERALL
�-+
S C A L, E : V = 301
TX PE FIRM #11525
EXHIBIT
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O.P.R.O.C.T9�
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EXHIBIT D
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 14 of 14
Revised 11/2020
,