HomeMy WebLinkAboutContract 59164Date Received: 04/03/2023
Time Received: 3:33 p.m.
Record Number: PN22-00101
City SecretaryNo.: 59164
PUBLIC PROPERTY RIGHT-OF-WAY ENCROACHMENT LICENSE
AGREEMENT
TIER I
THIS AGREEMENT is made and entered into by and between THE CITY OF
FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"),
acting by and through its duly authorized City Manager, Assistant City Manager, or
Director of the Development Services Department, and 451 South Main, 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 465 South
Main Street, Fort Worth, Texas 76104 ("Property"), being more particularly described in
the attached Exhibit "A" which is incorporated herein for all purposes; and
WHEREAS, the City owns a right-of-way (road and alleyway) (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 Volume 63, page 123 in the plat
records of Tarrant County; 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 Awnings, Canopies, Door Swings, Handicap Ramps (the
"Encroachment"). Upon completion of the Encroachment, Licensee agrees to be
responsible for maintaining the Encroachment within the Public Property. Licensee shall
Tier II ROW Encroachment Agreement
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 1 of 14
Revised 11/2020
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
the Water Department, the Director of the Development Services Department or their
Tier II ROW Encroachment Agreement
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Revised 11/2020
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.
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Revised 11/2020
9.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, OF WHATSOEVER 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 NO T
CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF
THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND
RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL
LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL
INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY
PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE
ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF
LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES.
10.
While this Agreement is in effect, Licensee agrees to furnish City with a
Certificate of Insurance naming City as certificate holder as proof that is has secured and
paid for a policy of public liability insurance covering all public risks related to the
proposed use and occupancy of public property as located and described in Exhibit "C."
The amounts of such insurance shall be not less than
$1,000,000
with the understanding and agreement by Licensee that such insurance amounts may be
revised upward at City's option and that Licensee shall so revise such amounts
immediately following notice to Licensee of such requirement. Such insurance policy
shall not be canceled or amended without at least thirty (30) days prior written notice to
the Building Official of the City. A copy of such Certificate of Insurance is attached as
Exhibit "D" and incorporated herein for all purposes. Licensee agrees, binds, and
obligates itself and its successors and assigns to maintain and keep in force such public
liability insurance at all times during the term of this Agreement and until the removal of
the Encroachment and restoration of the Public Property. All insurance coverage
required herein shall include coverage of all Licensee's contractors and subcontractors.
Tier II ROW Encroachment Agreement
Page 4 of 14
Revised 11/2020
11.
Licensee agrees to deposit with the City when this Agreement is executed a
sufficient sum of money to be used to pay necessary fees to record this Agreement in the
real property records of the county in which the Encroachment is located. After being
recorded, the original shall be returned to the City Secretary of the City of Fort Worth.
12.
Licensee agrees to comply fully with all applicable federal, state, and local laws,
statutes, ordinances, codes, and regulations in connection with the construction,
operation, and maintenance of the Encroachment and use of the Public Property.
13.
Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for
by this Agreement or by any federal, state, or local statute, law, or regulation.
14.
Licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as an officer, agent,
servant, or employee of City, and Licensee shall have exclusive control of and the
exclusive right to control the details of its operations, and all persons performing same,
and shall be solely responsible for the acts and omissions of its officers, agents, servants,
employees, contractors, subcontractors, licensees, and invitees. The doctrine of
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 ROW 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.
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
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Revised 11/2020
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Tier II ROW Encroachment Agreement
Page 7 of 14
Revised 11/2020
City:
CITY OF FORT WORTH
By. DJ Harrell (Mar 28, 202308:37 CDT)
D.J. Harrell, Director of the
Devebpment Services Department
Date: Mar 28, 2023
ATTEST:
Jannette Goodall,
City Secretary
Apr 3, 2023
Date:
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Tier 11 ROW Encroachment Agreement
Licensee:
451 South Main, LLC
a Texas limited bilit company
By:
Name: Rian
Title: President & Secretary
Date: -3—Culik91 tat `d0Q,3
Approved G s To Form and Legality
--Mensal]
Get
remv An/ Mensal] for(Mar 28. 207R118.3&fir
Thomas Royce Hansen
Assistant City Attorney
Date: Mar 28, 2023
Contract Compliance Manager:
By signing : acknowledge that 1 am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
ply,"
Rebecca Diane Owen (Mar 28, 2023 08:35 CDT)
Date: Mar 28, 2023
Rebecca Owen
Development Services
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page t3of14
Revised 11 2020
himo u; ma i Awns &,J:i•l u r'l1J i 431 NI riYM:i r; len al lSl WW1 Oulu u''
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 28th day of
March , 20 23 .
Brooke Digitally signed by
Brooke Bonnell
Bonnell Date: 2023.03.28 13:36:45
-05'00'
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 ROW Encroachment Agreement
P Y/e BROOKE BONNELL
% Notary Public
* STATE OF TEXAS
Notary LD. 134009525
My Comm. Exp. Oct. 11, 2026
Page 9 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
{T , on this day personally appeared Rian Maguire, President & Secretary
(Title) known to me to be the person whose name is subscribed to the forege:dg
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 451 South Main, LLC, a
Texas limited liability company (entity type), and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this a+1E' day of 5
Notary Publicl in and for the
State of i ti�Cii -S
44 BRENT R. WILLIAMS
Notary Public. State of Taxes
-7;:•'1, z;�,= Comm. Expires 02-08-2026
,
Notary ID 128169881
Tier II ROW Encroachment Agreement
'age 10ofl4
rtevised 11/2020
EXHIBIT A
Legal Description of the Licensee's
Property
Lots 1, 2, 3, 4, 5, 6 and 7, Block B, W.B. TUCKERS SUBDIVISION OF BLOCK 57,
TUCKERS ADDITION to the City of Fort Worth, Tarrant County, Texas, according to the
plat recorded in Volume 63, Page 123, Deed Records of Tarrant County, Texas.
Tier II ROW Encroachment Agreement
Page 11 of 14
Revised 11/2020
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EXHIBIT B
Depiction of the Public Property
Tier II ROW Encroachment Agreement
Page 12 of 14
Revised 11/2020
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EXHIBIT C
Depiction and description of the Encroachment
Tier II ROW Encroachment Agreement
Page 13 of 14
Revised 11/2020
//LEGEND OF ABBREVIATIONS
• P.R.T.C.T.
• O.P.R.T.C.T.
• DOC.#
• C.M.
• SQ. FT.
• ROW
J
PLAT RECORDS, TARRANT COUNTY, TEXAS
OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS
DOCUMENT NUMBER
CONTROLLING MONUMENT
SQUARE FEET
RIGHT OF WAY
INUIt:
Bearings are based on the State
Plane Coordinate System, Texas
North Central Zone (4202)
North American Datum of 1983
(NAD '83), with a combined
scale factor of 1.00012.
1/2" REBAR (ILLEGIBLE)
BRS. N62W 1 0.69'
E. PETER SMITH STREET
(CALLED 50' ROW AS SHOWN ON VOL. 63, PG. 123, P.R.T.C.T.)
LOT 1, BLOCK B
W.B. TUCKER'S SUBDIVISION
VOL. 63, PG. 123
P.R.T.C.T.
S8935'061W 200.00'
LOT 2, BLOCK B
W.B. TUCKER'S SUBDIVISION
VOL. 63, PG. 123
P.R.T.C.T.
LOT 3, BLOCK B
W.B. TUCKER'S SUBDIVISION
VOL. 63, PG. 123
P.R.T.C.T.
LOT 4, BLOCK B
W.B. TUCKER'S SUBDIVISION
VOL. 63, PG. 123
P.R.T.C.T.
POINT OF
BEGINNING
N8935'06'E 65.36'
Line Data Table
Line # Distance Bearing
L1 5.74' N89'35'06"E
L2 4.39' S00 24'54"E
L3 5.74' N89'58'06"W
L4 4.35' NO0 24'54"W
Page 1 of 2
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25 SQ. FT.
L1
ei1/2" REBAR UNDER FENCE
L4 L2 BRS. S33'W) 0.55'
LOT 8, BLOCK B
W.B. TUCKER'S SUBDIVISION
VOL. 63, PG. 123
P.R.T.C.T.
POINT OF
COMMENCING
0 10' 20'
5/8" REBAR
(C.M.)
LOT 7, BLOCK B
W.B. TUCKER'S SUBDIVISION
VOL. 63, PG. 123
P.R.T.C.T.
LOT 6, BLOCK B
W.B. TUCKER'S SUBDIVISION
VOL. 63, PG. 123
P.R.T.C.T.
LOT 5, BLOCK B
W.B. TUCKER'S SUBDIVISION
VOL. 63, PG. 123
P.R.T.C.T.
L3
N89'35'06"E
33.90'
E. TUCKER STREET
(CALLED 50' ROW AS SHOWN ON VOL. 63, PG. 123, P.R.T.C.T.)
LOT 1R, BLOCK 33
TUCKER'S ADDITION
VOL. 388-146, PG. 97
P.R.T.C.T.
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5200 State Highway 121
Colleyville, TX 76034
Phone: 817-864-1957
info@bcsdfw.com
TBPLS Firm #10194474
DRAWN BY: BCS DATE: 05-20-2022 JOB NO.: 2022-012-036
SCALE: 1" = 20'
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DOC.# D222070134
O.P.R.T.C.T.
EXHIBIT " c "
25 SQUARE FEET
PORTION OF
PUBLIC RIGHT-OF-WAY
ADJACENT TO BLOCK B OF
W.B. TUCKER'S SUBDIVISION
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
Z: \Project Data\Survey\012 — Harris Kocher Smith\2022\036 — 451 S Main Street\Drowings
EXHIBIT "c"
25 SQUARE FEET
PORTION OF
PUBLIC RIGHT-OF-WAY
ADJACENT TO BLOCK B OF W.B. TUCKER'S SUBDIVISION
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
PROPERTY DESCRIPTION
BEING a portion of public right-of-way within East Tucker Street, and being adjacent to Block B of W.B. Tucker's
Subdivision, an addition in the City of Fort Worth, Tarrant County, Texas, according to the plat recorded under
Volume 63, Page 123, Plat Records, Tarrant County, Texas, (P.R.T.C.T.), said portion being more particularly
described by metes and bounds as follows (bearings are based on State Plane Coordinate System, Texas North
Central Zone (4202) North American Datum of 1983 (NAD '83)):
COMMENCING from a 5/8 inch rebar found for the northeast corner of Lot 7 in Block B of said W.B. Tucker's
Subdivision;
THENCE South 89 degrees 35 minutes 06 seconds West, with the north line of said Lot 7, passing the northwest
corner thereof, same being the east line of a 10 foot alley right-of-way within said W.B. Tucker's Subdivision,
continuing and passing the west line of said 10 foot alley right-of-way, same being the northeast corner of Lot 2 in
said Block B, and continuing for a total distance of 200.00 feet to the northwest corner of said Lot 2, same being in
the west line of said Block B and being in the east right-of-way of South Main Street, having a variable width
right-of-way as shown on Cabinet B, Slide 852, (P.R.T.C.T.);
THENCE South 00 degrees 24 minutes 54 seconds East, with the west line of said Block B and the east right-of-way of
said South Main Street, a distance of 150.00 feet to the southwest corner of said Block B, same being in the north
right-of-way of East Tucker Street, having a 50 foot right-of-way as shown on Volume 63, Page 123, (P.R.T.C.T.);
THENCE North 89 degrees 35 minutes 06 seconds East, with the south line of said Block B and with the north
right-of-way of said East Tucker Street, a distance of 65.36 feet to the POINT OF BEGINNING, same being the
northwest corner of the herein described tract;
THENCE North 89 degrees 35 minutes 06 seconds East, with the south line of said Block B and with the north
right-of-way of said East Tucker Street, a distance of 5.74 feet to a point from which the southwest corner of Lot 5 in
said Block B bears North 89 degrees 35 minutes 06 seconds East, a distance of 33.90 feet, from which point a
disturbed 1/2 inch rebar found under a fence line bears South 33 degrees West, a distance of 0.55 feet;
THENCE through the interior of said right-of-way of said East Tucker Street, the following calls:
1. South 00 degrees 24 minutes 54 seconds East, a distance of 4.39 feet;
2. South 89 degrees 58 minutes 06 seconds West, a distance of 5.74 feet;
3. North 00 degrees 24 minutes 54 seconds West, a distance of 4.35 feet, returning to the POINT OF BEGINNING
and enclosing 0.001 acres (25 square feet) of land, more or less.
SURVEYOR'S CERTIFICATE
This is to certify that I, John H. Barton III, a Registered Professional Land Surveyor
of the State of Texas, have prepared this map from an actual survey on the ground,
and that this map correctly represents that survey made by me or under my
direction and supervision.
Date of Plat/Map: May 20, 2022
";%/-.0(
. Barton III, RPLS# 6737
Page 2 of 2
Z: \Project Data\Survey\012 — Harris Kocher Srnith\2022\036 — 451 S Main Street\Drawings
LEGEND OF ABBREVIATIONS
• P.R.T.C.T. PLAT RECORDS, TARRANT COUNTY, TEXAS
• O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS
• DOC.#
• C.M.
_ • SQ. FT.
• ROW
NOTE:
Bearings are based on the State
Plane Coordinate System, Texas
North Central Zone (4202)
North American Datum of 1983
(NAD '83), with a combined
scale factor of 1.00012.
J
Line Data Table
Line # Distance Bearing
L1 5.00' N89'32'31 "E
L2 65.75' S0025'04"E
L3 17.15' S8935'06"W
L4 1.25' N0024'54"W
L5 12.15' N89 35'06"E
L6 64.49' N0024'54"W
Page 1 of 2
DOCUMENT NUMBER
CONTROLLING MONUMENT
SQUARE FEET
RIGHT OF WAY
1/2" REBAR (ILLEGIBLE)
BRS. N62W ) 0.69'
E. PETER SMITH STREET
(CALLED 50' ROW AS SHOWN ON VOL. 63, PG. 123, P.R.T.C.T.)
LOT 1, BLOCK B
W.B. TUCKER'S SUBDIVISION
VOL. 63, PG. 123
P.R.T.C.T.
LOT 2, BLOCK B
W.B. TUCKER'S SUBDIVISION
VOL. 63, PG. 123
P.R.T.C.T.
POINT OF
BEGINNING
LOT 3, BLOCK B
W.B. TUCKER'S SUBDIVISION
VOL. 63, PG. 123
P.R.T.C.T.
LOT 4, BLOCK B
W.B. TUCKER'S SUBDIVISION
VOL. 63, PG. 123
P.R.T.C.T.
LOT 8, BLOCK B
W.B. TUCKER'S SUBDIVISION
VOL. 63, PG. 123
P.R.T.C.T.
POINT OF
COMMENCING
0 10' 20'
S8935'06"W 105.00' 5/8" REBAR
(C.M.)
LOT 7, BLOCK B
W.B. TUCKER'S SUBDIVISION
VOL. 63, PG. 123
P.R.T.C.T.
LOT 6, BLOCK B
W.B. TUCKER'S SUBDIVISION
VOL. 63, PG. 123
P.R.T.C.T.
0.008 ACRES
344 SQ. FT.
LOT 5, BLOCK B
W.B. TUCKER'S SUBDIVISION
VOL. 63, PG. 123
N7532'55"E P.R.T.C.T.
L4 `5.15'
L3 1/2" REBAR UNDER FENCE
(DISTURBED)
BRS. S33'W ! 0.55'
E. TUCKER STREET
(CALLED 50' ROW AS SHOWN ON VOL. 63, PG. 123, P.R.T.C.T.)
LOT 1R, BLOCK 33
TUCKER'S ADDITION
VOL. 388-146, PG. 97
P.R.T.C.T.
(RR -MITI CH14PR
GtIRUGYInG
5200 State Highway 121
Colleyville, TX 76034
Phone: 817-864-1957
info@bcsdfw.com
TBPLS Firm #10194474
DRAWN BY: BCS DATE: 05-20-2022 JOB NO.: 2022-012-036
SCALE: 1" = 20'
1/2" REBAR "CBG"O
1/2" REBAR 0
RR SPIKE
MB HOSPITALITY
FWSOUTHSIDE, LLC
DOC.# D222070134
O.P.R.T.C.T.
EXHIBIT " c "
344 SQUARE FEET
PORTION OF
PUBLIC RIGHT-OF-WAY
ADJACENT TO BLOCK B OF
W.B. TUCKER'S SUBDIVISION
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS /
Z: \Project Data\Survey\012 — Harris Kocher Smith\2022\036 — 451 S Main Street\Drawings
EXHIBIT "c "
344 SQUARE FEET
PORTION OF
PUBLIC RIGHT-OF-WAY
ADJACENT TO BLOCK B OF W.B. TUCKER'S SUBDIVISION
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
PROPERTY DESCRIPTION
BEING a portion of public Right -of -Way within East Tucker Street and a 10 foot alley Right -of -Way out of Block B of W.B.
Tucker's Subdivision, an addition in the City of Fort Worth, Tarrant County, Texas, according to the plat recorded under
Volume 63, Page 123, Plat Records, Tarrant County, Texas, (P.R.T.C.T.), and being adjacent to said Block B of W.B. Tucker's
Subdivision, said portion being more particularly described by metes and bounds as follows (bearings are based on State
Plane Coordinate System, Texas North Central Zone (4202) North American Datum of 1983 (NAD '83)):
COMMENCING from a 5/8 inch rebar found for the northeast corner of Lot 7 in Block B of said W.B. Tucker's Subdivision;
THENCE South 89 degrees 35 minutes 06 seconds West, with the north line of said Lot 7, passing the northwest corner
thereof, same being the east line of a 10 foot alley Right -of -Way within said W.B. Tucker's Subdivision, continuing through
the interior of said 10 foot alley Right -of -Way for a total distance of 105.00 feet to a point in the west line of said 10 foot
alley Right -of -Way;
THENCE South 00 degrees 24 minutes 54 seconds East, with the west line of said 10 foot alley Right -of -Way, a distance of
85.51 feet to the POINT OF BEGINNING, same being the northwest corner of the herein described tract;
THENCE North 89 degrees 32 minutes 31 seconds East, through the interior of said 10 foot alley Right -of -Way, a distance
of 5.00 feet;
THENCE South 00 degrees 25 minutes 04 seconds East, through the interior of said 10 foot alley Right -of -Way, passing the
south line thereof, same being the north Right -of -Way line of East Tucker Street, having a 50 foot Right -of -Way as shown
on Volume 63, Page 123, (P.R.T.C.T.), and continuing for a total distance of 65.75 feet to a point from which the southwest
corner of Lot 5 in said Block B bears 75 degrees 32 minutes 55 seconds East, a distance of 5.15 feet, from which point a
disturbed 1/2 inch rebar found under a fence line bears South 33 degrees West, a distance of 0.55 feet;
THENCE South 89 degrees 35 minutes 06 seconds West, through the interior of said Right -of -Way of said East Tucker
Street, a distance of 17.15 feet;
THENCE North 00 degrees 24 minutes 54 seconds West, through the interior of said Right -of -Way of said East Tucker
Street, a distance of 1.25 feet to a point in the north Right -of -Way line of said East Tucker Street;
THENCE North 89 degrees 35 minutes 06 seconds East, with the north Right -of -Way line of said East Tucker Street, a
distance of 12.15 feet to a point in the west line of said 10 foot alley Right -of -Way;
THENCE North 00 degrees 24 minutes 54 seconds West, with the west line of said 10 foot alley Right -of -Way, a distance of
64.49 feet, returning to the POINT OF BEGINNING and enclosing 0.008 acres (344 square feet) of land, more or less.
SURVEYOR'S CERTIFICATE
This is to certify that I, John H. Barton III, a Registered Professional Land
Surveyor of the State of Texas, have prepared this map from an actual
survey on the ground, and that this map correctly represents that survey
made by me or under my direction and supervision.
Date of Plat/Map: May 20, 2022
. Barton III, RPLS# 6737
Page 2 of 2
Z \Project Data \ Survey \012 — Harris Kocher Smith\2022\036 — 451 S Main Street\ Drawings
LEGEND OF ABBREVIATIONS
• P.R.T.C.T.
• O.P.R.T.C.T.
• DOC.#
• C.M.
• SQ. FT.
• ROW
NOTE:
Bearings are based on the State
Plane Coordinate System, Texas
North Central Zone (4202)
North American Datum of 1983
(NAD '83), with a combined
scale factor of 1.00012.
PLAT RECORDS, TARRANT COUNTY, TEXAS
OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS
DOCUMENT NUMBER
CONTROLLING MONUMENT
SQUARE FEET
RIGHT OF WAY
0.006 ACRES
249 SQ. FT.\
•
1/2" REBAR (ILLEGIBLE)
BRS. N62W ) 0.69'
E. PETER SMITH STREET
(CALLED 50' ROW AS SHOWN ON VOL. 63, PG. 123, P.R.T.C.T.)
LOT 1, BLOCK B
W.B. TUCKER'S SUBDIVISION
VOL. 63, PG. 123
P.R.T.C.T.
S8935'06'W 200.00'
LOT 2, BLOCK B
W.B. TUCKER'S SUBDIVISION
VOL. 63, PG. 123
P.R.T.C.T.
LOT 3, BLOCK B
W.B. TUCKER'S SUBDIVISION
VOL. 63, PG. 123
POINT OF P.R.T.C.T.
BEGINNING
Line Data Table
Line # Distance Bearing
L1 44.52' S0024'58"E
L2 5.60' S89 34'37"W
L3 44.52' N0025'23"W
L4 5.61' N8935'06"E
Page 1 of 2
LOT 4, BLOCK B
W.B. TUCKER'S SUBDIVISION
VOL. 63, PG. 123
P.R.T.C.T.
S87 01'03 E 105.18'
1
LOT 8, BLOCK B
W.B. TUCKER'S SUBDIVISION
VOL. 63, PG. 123
P.R.T.C.T.
POINT OF
COMMENCING
0 10' 20'
5/8" REBAR
(C.M.)
LOT 7, BLOCK B
W.B. TUCKER'S SUBDIVISION
VOL. 63, PG. 123
P.R.T.C.T.
LOT 6, BLOCK B
W.B. TUCKER'S SUBDIVISION
VOL. 63, PG. 123
P.R.T.C.T.
LOT 5, BLOCK B
W.B. TUCKER'S SUBDIVISION
VOL. 63, PG. 123
P.R.T.C.T.
131/2" REBAR UNDER FENCE
(DISTURBED)
BRS. S331W 10.55'
E. TUCKER STREET
(CALLED 50' ROW AS SHOWN ON VOL. 63, PG. 123, P.R.T.C.T.)
LOT 1R, BLOCK 33
TUCKER'S ADDITION
VOL. 388-146, PG. 97
P.R.T.C.T.
i314RTCf? CI-IRPR
GURUYyrnG
5200 State Highway 121
Colleyville, TX 76034
Phone: 817-864-1957
info@bcsdfw.com
TBPLS Firm #10194474
DRAWN BY: BCS DATE: 05-20-2022 JOB NO.: 2022-012-036
SCALE: 1" = 20'
1/2" REBAR "CBG"„
1/2" REBAR 0
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MB HOSPITALITY
FWSOUTHSIDE, LLC
DOC.# D222070134
O.P.R.T.C.T.
EXHIBIT " c "
249 SQUARE FEET
PORTION OF
PUBLIC RIGHT-OF-WAY
ADJACENT TO BLOCK B OF
W.B. TUCKER'S SUBDIVISION
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
Z: \Project Dato\Survey\012 — Harris Kocher Smith\2022\036 — 451 S Main Street\Drawings
EXHIBIT " c"
249 SQUARE FEET
PORTION OF
PUBLIC RIGHT-OF-WAY
ADJACENT TO BLOCK B OF W.B. TUCKER'S SUBDIVISION
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
PROPERTY DESCRIPTION
BEING a portion of public right-of-way within South Main Street, and being adjacent to Block B of W.B. Tucker's
Subdivision, an addition in the City of Fort Worth, Tarrant County, Texas, according to the plat recorded under
Volume 63, Page 123, Plat Records, Tarrant County, Texas, (P.R.T.C.T.), said portion being more particularly
described by metes and bounds as follows (bearings are based on State Plane Coordinate System, Texas North
Central Zone (4202) North American Datum of 1983 (NAD '83)):
COMMENCING from a 5/8 inch rebar found for the northeast corner of Lot 7 in Block B of said W.B. Tucker's
Subdivision;
THENCE South 89 degrees 35 minutes 06 seconds West, with the north line of said Lot 7, passing the northwest
corner thereof, same being the east line of a 10 foot alley right-of-way within said W.B. Tucker's Subdivision,
continuing and passing the west line of said 10 foot alley right-of-way, same being the northeast corner of Lot 2 in
said Block B, and continuing for a total distance of 200.00 feet to the northwest corner of said Lot 2, same being in
the west line of said Block B and being in the east right-of-way of South Main Street, having a variable width
right-of-way as shown on Cabinet B, Slide 852, (P.R.T.C.T.);
THENCE South 00 degrees 24 minutes 54 seconds East, with the west line of said Block B and the east right-of-way of
said South Main Street, a distance of 99.25 feet to the POINT OF BEGINNING, same being the northeast corner of
the herein described tract;
THENCE South 00 degrees 24 minutes 58 seconds East, with the west line of said Block B and with the east
right-of-way of said South Main Street, a distance of 44.52 feet to a point from which the southwest corner of Lot 5
in said Block B bears South 87 degrees 01 minutes 03 seconds East, a distance of 105.18 feet, from which point a
disturbed 1/2 inch rebar found under a fence line bears South 33 degrees West, a distance of 0.55 feet;
THENCE through the interior of said right-of-way of said South Main Street, the following calls:
1. South 89 degrees 34 minutes 37 seconds West, a distance of 5.60 feet;
2. North 00 degrees 25 minutes 23 seconds West, a distance of 44.52 feet;
3. North 89 degrees 35 minutes 06 seconds East, a distance of 5.61 feet, returning to the POINT OF BEGINNING
and enclosing 0.006 acres (249 square feet) of land, more or less.
SURVEYOR'S CERTIFICATE
This is to certify that I, John H. Barton III, a Registered Professional Land
Surveyor of the State of Texas, have prepared this map from an actual
survey on the ground, and that this map correctly represents that survey
made by me or under my direction and supervision.
Date of Plat/Map: May 20, 2022
. Barton III, RPLS# 6737
Page 2 of 2
Z \Project Data\Survey\012 — Harris Kocher Smith \2022\036 — 451 S Main Street\Drawings
PR
RT F. CANOPIES. EASEMENT
HAND
RAILS, AND DOOR SMNRS
33-33
HARRIS
KOCHER
SIIAII H
Lincolndo 80203
RAMP
T
a
a
a
a
Lot 4, Block B
Mark D. Chamfers
CCF# D212110374
D.R.T.C.T.
EXHIBIT D- ENCROACHMENT SITE PLAN
SCALE 1,5
PR ENCROACHMENT EASEMENT
FOR GAS, UNDERGROUND
ELECTRIC, SEWER,
WART unES, DOOR SVANG,,
ANQ CANOPIES
I
z\
5
EXHIBIT D
Certificate of Insurance
Tier II ROW Encroachment Agreement
Page 14 of 14
Revised 11/2020