HomeMy WebLinkAboutContract 59746Date Received: 7/11/2023
Time Received: 9:47 a.m.
Record Number: PN23-00025
City Secretary No.: 59746
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 Denton County Electric
Cooperative, Inc., d/b/a CoSery Electric, a Texas electric cooperative corporation
("Licensee"), acting by and through its duly authorized Senior Vice President — Energy
Infrastructure.
RECITALS
WHEREAS, pursuant to that certain Electric Line Easement and Right -of -Way,
dated to be effective as of January 9t", 2023 and recorded as Instrument No. 2023-7698 in
the Official Records of Denton County, Texas (the "Easement Agreement"), Licensee is
the beneficiary of certain easements, rights and privileges with respect to certain property
described in the Easement Agreement (the "Easement Property"); and
WHEREAS, the City owns a water facility easement (the "Public Property")
adjacent to and that crosses the Easement Property, pursuant to the Permanent Water
Facility Easement recorded in the deed records of Denton County by instrument number
2019-116167; 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 the 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 the attached Exhibit "A,", which is incorporated herein for all purposes, but only
@er II Easement Encroachment Agreement Page 1 of 10
Revised 12/2022
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
the extent shown thereon, for the purpose of constructing, installing, and maintaining one
or more underground electric distribution line(s) and associated facilities and equipment
(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 "A."
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 applicable 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 facilities 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.
Tier II Easement Encroachment Agreement Page 2 of 10
Revised 12/2022
5.
Upon termination of this Agreement, Licensee shall, at the, option of and at no
expense to the City, either remove the Encroachment entirely from the Public Property
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 duly authorized representative. Any such
removal of the Encroachment shall be in accordance with then -existing applicable City
regulations and policies. It is understood and agreed to by Licensee that if this
Agreement terminates and Licensee fails to perform its obligations under one of the two
options listed above within this section, to the extent the Public Property was damaged by
CoSery in connection with its removal or abandonment of the Encroachment, Licensee
hereby gives City permission to remove the Encroachment and any supporting structures
from the Public Property and to restore the Public Property at Licensee's sole cost and
expense. The parties agree that the duties and obligations contained in this section shall
survive the termination of this Agreement.
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 Nine Hundred Dollars ($900.00).
7.
The term of this Agreement shall continue for as long as the Encroachment is
being utilized by CoServ, commencing on the date this Agreement is fully -executed by
the parties. However, the City may terminate this Agreement upon Licensee's
noncompliance with any of the terms of this Agreement; provided 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
Tier II Easement Encroachment Agreement Page 3 of 10
Revised 12/2022
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.
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
CITY OR ITS 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 RELATED TO THE ENCROACHMENT.
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 Licensee has
secured and paid for a policy of public liability insurance covering all public risks related
Tier II Easement Encroachment Agreement Page 4 of 10
Revised 12/2022
to the proposed use and occupancy of public property as located and described in Exhibit
A". The amounts of such insurance shall be not less than
$1,000,000
with the understanding and agreement by Licensee that such insurance amounts may be
revised upward at City's option and that Licensee shall so revise such amounts
immediately following notice to Licensee of such requirement. Such insurance policy
shall not be canceled or amended without at least thirty (30) days prior written notice to
the Building Official of the City. A copy of such Certificate of Insurance is attached as
Exhibit "B" and incorporated herein for all purposes. Licensee agrees, 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.
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,
Tier II Easement Encroachment Agreement Page 5 of 10
Revised 12/2022
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 third party's property interest.
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 Easement Property, Licensee may assign all of its rights and
obligations under this Agreement to the new owner of the Easement 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
Tier II Easement Encroachment Agreement Page 6 of 10
Revised 12/2022
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.
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which together shall constitute one instrument.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Tier II Easement Encroachment Agreement Page 7 of 10
Revised 12/2022
City:
CITY OF FORT WORTH
By:DJ Harrell (Jul 10, 2023 14:22 CDT)
D.J. Harrell, Director of the
Development Services Department
Date: Jul 10, 2023
ATTEST
Q A �Qexs2
Jannette Goodall,
City Secretary
44o�aan
app� F00R 0
v° O�-1dd
l.o
Sao o=°
�T* CP
o. �� b
bUaaaa�
Date: Jul 11, 2023
Date:
Jul 7, 2023
Tier II Easement Encroachment Agreement
Licensee:
DENTON COUNTY ELECTRIC
COOPERATIVE, INC.,
d/b/a COSERV ELECTRIC,
a Texas electric cooperative corporation
B
r7—c �--
Greg Ward, Senior Vice President
Energy Infrastructure
Date: ?i+,x 6 2o23
Approved As To Form and Legality
Jeremy Anato-Mensah
Assistant City Attorney
Date: Jul 7, 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 (Jul 7, 202318:03 CDT)
Rebecca Owen
Development Services
Page 8 of 10
Revised 12/2022
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared D.J. Harrell, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein expressed, as the act and
deed of the City of Fort Worth, and in the capacity therein stated.
GIVEN UNDER MY HAND AND
SEAL OF OFFICE this loth day of
July ; 20 23 .
WendL� Digitally signed by
Y Wendy L. Beardslee
Beardslee Date:2023.07.10
15:44:57-05'00'
- - - - - - - - ,
o�PRVP�e/ WENDY L BPublic EE
. 2 � Notary Public
+ + STATE OF TEXAS
Notary Public in and for the State of Texas
9�oFP Notary I.D. 13323719-3
My Comm. Exp. July 28, 2025
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
Tier II Easement Encroachment Agreement Page 9 of 10
Revised 12/2022
STATE OF TEXAS §
COUNTY OF DENTON §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Greg Ward, Senior Vice President — Energy
Infrastructure, 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 Denton County Electric
Cooperative, Inc., d/b/a CoSery Electric, a Texas electric cooperative corporation,
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _6 day of
76LY , 2023.
Notary Public in and for the
State of Texas
Tier II Easement Encroachment Agreement
LANCE TAHCHAWWICKAH
l Ve'
Notary Public. State of Texas
Comm. Expires 01 -04-2026
Notary ID 13351480-1
Page 10 of 10
Revised 12/2022
EXHIBIT A
Depiction and Description of the Encroachment
Tier II Easement Encroachment Agreement Page I I of 12
Denton County
Juli Luke
County Clerk
Instrument Number: 116167
ERecordings-RP
EASEMENT
Recorded On: September 17, 2019 08:19 AM
Number of Pages: 8
" Examined and Charged as Follows: "
Total Recording: $54.00
t THIS PAGE IS PART OF THE INSTRUMENT -
Any provision herein which restricts the Safe, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information: Record and Return To:
Document Number: 116167 eRx
Receipt Number: 20190917000040
Recorded Date/Time: September 17, 2019 08:19 AM
User: Connor B
Station: Station 10
C0* ' STATE OF TEXAS
�1- COUNTY OF DENTON
I hereby certify that this Instrument was FILED In the File Number sequence on the dateltime
7 {� duly hereon, and was printed RECORDED in the Official Records of Denton County, Texas.
P Y ffi
Juli Luke
' .846 County Clerk
Denton County, TX
Lot 1, Blk 1, Northwest I.S.D. Addition
CPN 102188 & 102189
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DENTON §
I
CITY OF FORT WORTH
PERMANENT WATER FACILITY EASEMENT
DATE: June 10, 2019
GRANTOR: NORTHWEST INDEPENDENT SCHOOL DISTRICT
GRANTOR'S MAILING ADDRESS (including County):
2001 TEXAN DRIVE
JUSTIN, TEXAS 76247
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.
PROPERTY; All that certain lot, tract, or parcel of land, situated in a portion of the William
Sample Survey, Abstract No. 1207, the Charles Tydings Survey, Abstract No. 1276,Denton
County, Texas, being part of Lot 1, Block 1 of Northwest I.S.D. Addition, recorded in Volume U,
Page 188 of the Plat Records of Denton County, Texas (PRDCT), and being more completely
described in 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 Water Main 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,
valves, pipelines, water meters, junction boxes in, upon, under and across a portion of the
Easement Property and more fully described in Exhibit "A" attached hereto and incorporated
Permanent Water Fae ity Easement
Rev. 010 UJ2017
FoR_ T� ri.
herein for all pertinent purposes, together with the right and privilege at any and all times to
enter 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 (11) 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 anyway 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 Property 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 PAGE]
Permanent Water Facility Easement
Rev.01l18l2017
FORTWORT .
GRANTOR:
I
B /- Judy Co , PkesiderF
Northwest ISD Board of Trustees
THE STATE OF TEXAS §
COUNTY OF TARRANT §
GRANTEE: City Fort orth
BYi Si natur
g
(Print Name re Coo , Property 11't ��aament Director
APPROVED AS TO F ARM AW LE LITY
(Signature)
(Print Name) Jealca Sanvsva , ffoistant CityAttomey
ACKNOWLEDGMENT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Judy Copp, 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
Judy Copp and that she executed the same as the act of said Northwest ISD the purposes
and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this i0day of
o , zoj9
BRENDA L. WITHERS
`• :�- My Notary lD#4778708 Notary Public in and for the State of Texas
Expires February 13, 2021
Permanent Water facility Easement
Rev. 01118r2017
Foer� W —
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Not Public !Djand f r the ' ate of Texas,
,on his day— ers nally appeared( - /f) t"' ( /.' n A , - Q.'. - Kz�4
of the City of Fort Wcrt , known to me to the same person
W os name , subscrib to the foregoing instrument, and acknowledged to me that the same
was the act o the City of Fort Worth and that he/she executed the same as the act of the City of
Fort Worth for the purposes and consideration therein expressed and in the capacity therein
stated.
41
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1 day of
20P
Notary Public in and for the State c Texas
'von;-o
(ID #1211T'l 9-9�
Permanent Water Facility Easemenl
Rev. 01/18/2017
Fox_�artt.
GOODWINa CIVIL ENGINEERS - PLANNERS - SURVEYORS
M ARSHALL z
EXHIBIT "A"
LEGAL DESCRIPTION FOR
15' WATER EASEMENT
All that certain lot, tract, or parcel of land, situated in a portion of the William
Sample Survey, Abstract No. 1207, the Charles Tydings Survey, Abstract No. 1276,
Denton County, Texas, Weing part of Lot 1, Block 1 of Northwest I.S.D. Addition
recorded in Volume U,"Page 188 of the Plat Records of Denton County, Texas
(PRDCT), and being more completely described as follows, to -wit:
BEGINNING at a 5/8" capped iron rod found stamped "DUNAWAY" for the
Northeast corner of a called 53.173 acre tract desc�r�bed in a deed to HEUS
Alliance LLC recorded in Instrument No. 2019-2244�of the Deed Records of Denton
County, Texas (DRDCT), and j,he Northwest corner of a called 18.507 acre tract
described in a deed to Nort west Independent School District recorded in
Instrument No. 2018-109099 DRDCT), and being in the South line of said
Lot 1, Block 1, from which a 5/8" capped iron rod found stamped "DUNAWAY" for
an ell corner of said 53.173 acre tract and an ell corner of said Lot 1, Block 1 bears
South 89 deg. 12 min. 13 sec. West - 900.68 feet and from which a 1 /2" iron rod
found for the most northerly Northeast corner of said 18,507 acre tract and an ell
corner of said Lot 1, Block 1 bears North 89 deg. 12 min. 13 sec. East - 849.13 feet;
THENCE South 89 deg. 12 min. 13 sec. West continuing along the South line of said
Lot 1, Block 1 and the North line of said 53.173 acre tract, a distance of 15.00 feet;
THENCE North departing said North and South lines, a distance of 143.14 feet;
THENCE North 45 deg. 0 min. 0 sec. East, a distance of 14.75 feet;
THENCE North 89 deg. 16 min. 43 sec. East, a distance of 337.79 feet;
THENCE North 44 deg. 16 min. 43 sec. East, a distance of 57.93 feet;
THENCE East, a distance of 570.71 feet;
THENCE South 45 deg. 0 min, 0 sec, East, a distance of 27.00 feet;
THENCE East, a distance of 62.17 feet;
THENCE South, a distance of 15.00 feet;
THENCE West, a distance of 68.38 feet;
E:\10822-Hines FM156\Cogo\GM EASEMENTS\WATER\WET.dwg 31Q11693
TEXAS - 2405 Mustang Drive - Grapevine, TX 760SI • $11.319.4373 - TBPI3 #10021790 TENNESSEE - 6074 Apple Tree Drive - Memphis, TM 38115 - 901.881.9188
ARIZONA • 2705 South Alma School Road, Suite 2 - Chandler, 0185286 - 602.218.7285 COLORADO - 8400 I;, Prentice Ave. - Greenwood Village, CO 0111 - 303.459.4861
GOODWIN< CIVIL ENGINEERS - PLANNERS - SURVEYORS
N4ARSHALL
THENCE North 45 deg. 0 min. 0 sec. West, a distance of 27.00 feet;
THENCE West, a distance of 558.18 feet;
THENCE South 44 deg. 16 min. 43 sec. West, a distance of 57.82 feet;
THENCE South 89 deg. 16 min. 43 sec. West, a distance of 339.63 feet;
THENCE South, a distance of 138.42 feet to the POINT OF BEGINNING, containing
18,013 square feet or 0.414 acres of land, more or less.
Bearings are referenced to Texas State Plane Coordinate System, North Central
Zone (4202), North American Datum of 1983 as derived from GPS observation.
Exhibit map attached and made a part hereof,
5/25/2019
EA10822- Hlnes FM 1S6\Cogo\GM EASEMENTS\WATER\WE],dwg shoal 2 02 3
TEXAS • 2405 Mustang Drive • Grapevine, TX 160SI - 817,329.437) • TBPLS #10021700 TENNESSEE • 6074 Apple Tree Drive • Memphis, IN 381IS • 901.881.9189
ARIZONA • 2705 South Alma School Road, Suite 2 • Chandler, A2 85286 • 602.2183285 COLORADO • 0400 L Prentice Ave. • Greenwood Village, CO 80111 • 303.459.4861
LINE TABLE
LINE #
BEARING
Ll
N00°00'00"E
L2
N45000'00"E
L3
N44016'43"E
14
S4500900"E
L5
N90000'00"E
L6
S00°00'00"E
L7
N90"00'00"W
LS
N45000'00"W
DISTANCE
143.14
14.75
57.93
27.00
62.17
15.00
68.38
27.00
UR�x`
C14ARLES T , C1So 1275
ABSTRACT' N
>/
LOT 7, BLOCK J
NORTHWESTLS.D. ADDITION
VOL. U, PG. 188
P.R.D,C,T.
0 200
I_
SCALE IN FEET
L9 S44016'43"W 57.82 1.5'WATER EASEMENT
L10 I S00°00'00"W 138.42 18,01.3.SQ. FT / 0.414AC.
337.79' ,� N 90°00'00" E 570.71' 14
� ..............,.... L5
N 89°16'43" E.,.../,r�q N 90°00'00" W $58.18' 18 L6
- - - J S 89016'43" W _ A-1276 APPR0X111IATF. LOCA'I'10rV - L7
0 339.63' A-1207 OI ABSTRACT L11VF,
885,68' -A
S 89° 12' 13" W N 89012' 13" E 849,13'
N 89012'13" E�
D/UNA'wAr' 5'00' POINT OF
BEGINNING
5/8" C.I.R.F.
w
"DUNAWAY'
U V CALLED 18.507ACRES
2 o U NORTHWEST INDEPENDENT SCHOOL DISTRICT
INST, NO, 2018-709099
p Q O o ! D.R.D.CT.
i z SAMPLE SURREY
ABS SAMPLE
NO.1207
I
EXHIBIT "A" MAP SHOWING
15' WATER EASEMENT, SITUATED IN A PORTION OF THE
WILLIAM SAMPLE SURVEY, ABSTRACT NO.1207
CHARLES TYDINGS SURVEY, ABSTRACT NO. 1276
CITY OF FORT WORTH, DENTON COUNTY, TEXAS
G®O.DWIN < Job No.: 10822 Scale: 1"=200' Sheet
M ARS]HALL z Drafted: D.M.D. Checked: J.N.R.
CIVIL ENGINEERS -- PLANNERS — SURVEYORS Surveyed on the Ground: 10/22/2018 of
2405 Mustang Drlvs, arAFeWfla, Tom 75051 Date Prepared: 5/ 14/2019
(817) 829 - 4373
TSPE REGI9TRAION / F2844
TBPl.9 0 ION1700 Revised: I Revised:
BEARINGS ARE REFERENCED TO
a
TEXAS STATE PLANE COORDINATE
w
SYSTEM, NORTH CENTRAL ZONE
(4202). NORTH AMERICAN
DATUM OF 1983 AS DERIVED
FROM GPS OBSERVATION.
Z
tu
TE�x'9
S
o•.
JOHN N. ROGERS
�..6372
%'`ESS\p?
x
�HOqL
SURV
Date Signed: V2512029
W
I
VICINITY MAP
(NOT TO SCALE)
CITY MUSTIN
EXHIBIT "A"
CENTERLINE DESCRIPTION FOR A
"3' x 27' EASEMENT ENCROACHMENT"
BEING 81 square feet of land situated in Lot 1, Block 1, Northwest I.S.D. Addition, an
addition to the City of Fort Worth, Denton County, Texas, as filed in Cabinet U, Page 188,
Plat Records of Denton County, Texas (P.R.D.C.T.), and being a portion of two tracts of land
described in deeds to the Northwest Independent School District (Northwest I.S.D.), as filed
in Volume 1607, Page 797 and Volume 1047, Page 995, Deed Records of Denton County,
Texas (D.R.D.C.T.); and being more particularly described by metes and bounds as follows:
COMMENCING at a 1/2 inch iron rod found at a re-entrant corner of said Lot 1, also being
the most northerly northeast corner of a tract of land described in deed to the Northwest
Independent School District, as filed in Instrument #2018-109099, D.R.D.C.T., from which
a 1 /2 inch iron rod found at a re-entrant corner of said Northwest I.S.D. (Inst. #2018-109099),
also being the southwest corner of Right -of -Way (R-O-W), for Texas Drive (variable width),
bears S 01'39'43" E, a distance of 279.14 feet;
THENCE N 26043'27" E, passing over and across said Lot 1, a distance of 194.30 feet to a
south line of a 15' Water Easement, as filed in Instrument #2019-116167, D.R.D.C.T., for
the POINT OF BEGINNING of the centerline of a 3' wide Easement Encroachment of the
hereinafter described tract of land;
THENCE N 12014'28" W, continuing over and across said Lot 1, passing over and across
said 15' Water Easement, also passing over and across a 10' Utility Easement, as filed in said
Cabinet U, Page 188, P.R.D.C.T., a distance of 27 feet to the north end of the centerline of
said 3' wide Easement Encroachment and containing 81 square feet or 0.002 of an acre of
land. ��_
---'rch 28, 2023
Theron W. Sims, R.P.L.
Texas Registration No. 5887
Surveyed on the ground Nov. 23, 2022
1. Bearings of lines shown hereon refer to Grid North of the Texas Coordinate System of 1983
(North Central Zone; NAD83(2011) 2010.00) as derived locally from Allterra Central's
Continuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK) methods.
An average Combination Factor of 1.00015063 was used to scale grid coordinates and distances
to surface.
2. Integral parts of this survey:
a. Legal Description
b. Sketch
Sheet I of 2
NWI 21428
518" IR
RECOVERED WITH
NORr ` - _ - - CAP STAMPED
VOL. 1782 HW£ST /. S. D. - - _'7NP
918, D. R. D. C T. ---- ------------- ,
�--
_
C, iB. 4 RAGIE
.ii 88. .
NORTHWEST INDEPENDENT SCHOOL DIST.
VOL. 1607, PG. 797
D. R. D. C. T.
10'x 12' WATER ESM'T.
20' CoSERVE ESM'T. INST. #2003-163147
INST. #2010-118946 D.R.D.C.T.
D.R.D.C.T. r--\------------------------
�! --------------------------
ii 10" U.E.
10' U.E. U, PG. 188-
�i CAB, U, PG. 188 P•R.D.C.T.
P. R. D. C. T.
ii
u
B_.r:.
n
20' CoSERVE ESM'T.
INST. #2010-118946 .i � i. ';
D.R.D.C.T.
,
10' U.E.
i CAB. U, PG. 186 -
�r _ P.R.D.C.T.
,
15' WATER ESM'T.
INST. #2019-116167 �l` n
D.R.D.C.T. \�------ ---------
IL--- ......
ii--------------------------J
NORTHWEST I.S.O. N12'14'28"W-/
' VOL. 1047, PG. 995, D.R.D.C.T. 27.00'
NORTHWEST I.S.D. P . O .0
INST. 12018-109099 1/2" IRF
D.R.D.C. T.
LE (CONTROL MON.)
JEANNIE SHELTON
VOL. 4467, PG. 1559
D.R.D.C.T.
(REMAINDER) I
LOT 1, BLK. 1
TMS SELF STORAGE ,
INST. #2019-13
P.R.D.C.T. 1
TEXAN DRIVE
ACCESS ESM'T.
ST jf2007-1971
D.R.D.C.T.
10' U.E.
U, PG. 188
]. R. D.C.T.
12'x 12' U. E.
B, U, PG. 188
P.R.0.C.T.
10' U.E.
U, PG. 188
P.R.D.C.T
ACCESS ESM'T, O.00 Ac.
ST, If2007-1971 81 .F.
D.R.D.C.T.
15' WATER ESM'T.
INST. J2019-175167
D. R. D.C.T.
NOTES.-
1) Bearings of lines shown hereon refer to Grid North of the Texas Coordinate
System of 1983 (North Central Zone; NAD83(2011) 2010.00) as derived locally
from Allterra Central's Continuously Operating Reference Stations (CORS) via
Real Time Kinematic (RTK) methods. An average Combination Factor of
1.00015063 was used to scale grid coordinates and distances to surface.
2) Integral parts of this survey:
a. Legal Description
b. Sketch
THERON W. SIMS, R.P.L. r
TEXAS REGISTRATION NO. 5887Date: March 28, 2023
Surveyed on the ground
Nov. 23, 2022
1�
3Ln:.. , ,hN
CAB.
NORTHWEST I.S.D. SCALE: 11 "=300'
VOL. 1047, PG. 995
D. R. D. C. T.
3' x 27'
P.O.B.- EASEMENT ENCROACHMENT
(81 S.F.)
THERON W. SIMS
..%..........................
5887
OFf55�
\� .•.S U RN • �
15' CoSERVE ESM7.
#201
INST. .R.D- T.. _
55349
D.R.D_C.T
N26'43'27"E
194.30'
tt
12' U.E.o' U.E.E
CAB, U, PG.
12' U.E.
788
t
o) ai I r``
} 70' U.E.
ivar---CA8. U, PG. 188
`�� P.R.D.C.T.
CAB, U, PG. 188
P.R.D.C.T �� P•R.D.C.T.
CAB, U, PG. 188
P.R.D.C.T. 1 ,
N i l
R.�
ii
h
1
TEXAN
DRI VE VARIABLE WIDTH R-D—W
T40. 112- IRF -- EXHIBIT "B►'
(CONTROL MON.)
APPROX. EASEMENT ENCROACHMENT
teague nail & perkins SURVEY LINE
5237 N. Riverside Drive, suite 100 Being a portion of Lot 1, Block 1, Northwest I.S.D. Addition, an
t n Fort worth, Texas 76137 addition to the City of Fort Worth, Denton County, Texas, as filed
817.336.5773 ph 817.332.7756 fx in Cabinet U, Page 188, Plat Records of Denton County, Texas.
P-Anpinc.corn / TSPLS Registration No. 100116-00 JOB No. NWI 21428 SHEET 2 OF 2
� s
4
CITY OF FORT l
WORTH EASEMENT
.�.:_..
._ n ; _ r.rayr,
+ ati LINE A
GENE PIKE
MIDDLE SCHOOL !.
1p
NORTHWEST L
HIGH SCHOOL a
PP[PPREO EOP 77
EMPACT ENGINEERING PIKE MIDDLE SCHOOL
JUSTIN, TEXAS
r�
Fl*i,e
X
�� 4W,K14lP „•,W
CAUTION !!!
EIUmNG UIIURES
LEGEND
.mOOVaE QCtlN,v+.r4W
a13
�.r..,..
13�w,.2..
0
0
a
f
Y
PROJECT LAYOUT
PROJECT NUMBER : OU3136006 °i' al/16/23
la F''M tla 1 =
I
IWr m1alRNF4�
OM•R
IMOpOR1EWt.11 � .I �,
(Ndewldl
nawlnu; I z
E nOr,uxn, lwdlll I I Vr ' ,
IL nl' i
m1 I I 1
1
• pl I I
I I I
rm•e1u w • � 6 • � r � ?f
<o,+n r.n.ouo Mrlr
uanraranwa: you s 11 na�� �
woulecnoxaurs�r teernw�u-- � 1 E �
1
amxruac� i I ' I I .
xFaowua ( ;
I
�" `���j7GJ4NI'ljjnE(o✓N3+1 f. �cicttu([u,[♦
TO FIIID VI.R rtp�4011,0� w Y11vY
wOfOif Win! '•
Nw.tlaa f [
a s.r <awm u ve..r •+FI
� •la=ww. •.
56/1 •
'0.WR�i - oldcmx.ursan100
Is: u da-r carlowr
- a YedauwrN 1 i xrpuM
tsrr»..n„w.
LINE A
690
avnola n' 1
a<nKN [x0.
•
t �•l.nM
11•Iwwrudwa
wu»IU
rlm,vnrr
S
1=1
'Pal
10
670
IA
666 wsalRuc �tm'
(OMMR �KO•NI�aIY� '
rFa IRxMM. J
p� IM
1 �H»«<:'1
.m,
of url.(
660 osw(alllxw.IcaF
aaur
ro•oiuir u�
�. w. rnnwaFw
Fww nrw•n
dFrioialr
o.ov s.M
a.w
I•w
xcrnwulux
EMPACT ENGINEERING
IA�9St11MOOd
PIKE MIDDLE SCHOOL
1US INJT 5
67J
V.1
600
CAUTION 11!
[RI611NGUnI1R5
LEGEND
,=m xrtwu 1 nnrxns,xrc
' awu.�nww, I
��eo-ixwe4�ianw Mw
{M.uw nr�,e
.Ix�'iareaxn
i
PLAN & PROFILE LINE A 2
PRO)ECF NUMBER: 09373E006 .,r 01/10/23
GENSRANDTES
1 LLWOMUALESSORGRWKC NOTED.SIMLOONFORMTOIIIENI11 COISPECTRE IMUERGROUNU SPlCPKAIpNSD DILRWINLK Il1lRl SIANDAPO
YECIFICROONS FOP IllBllC LVpNt2 CONSINUCTI W. AS KSVED BYMF NORM
CENTPAIAIDFGOE NIP. ANDi Ury OPI CT'
0
S1EA fTUWGSUDRHIVEMSUDTAEAlDU0.0OA0.11TNRGTRO*N NiFXASlENASO-OSBNNS COrOF
NCTCOGSPbAMpNSGNEEOBTNN[DBYWNPCRGNCCOS16
IBInAOTE0
t UNLESS OIHERWKENOIEUALLCONODIESHALLBEIYPEIACU55'A'3
PUSIPFNG'N ATMDA'PS CONCRFIFTORBAn ANDDMNAGFSTMUO
SHALL R FYPF I CLASS'P AROT PS S1R WGTH AT RS DATS
11LITIES HAVE BEEN DETUMNEDRROM DATARE[OIIRFD BYODIMS THE
CONTRACTOR SHALL V_,_T A`NECESSMY CROSSNG 0.—. CFS
BETWEEN EIRSTNG.WDFlF0N% SURLRRSORST,_A CONST—O.
WAFV EANDOSSNG Mor Att IVOIVSIBILTWOTTHF fpNT ON ITO
WILL BE UEANDL 5lA UN OF THE
N VNW TO CONSIRUlt N IT
VAIL BE THE HE OIISIBIUN OF TNF THIS PR CIOR TO vg01Ki ALL PUBUG
UHlRES N THE CONST4KOON Of 1N15 PFORH:T
1 IFWL BE ME RESPONSRrIry Oi Mf <ONIPAR04 TO PROIERALL
MANHOLES OFAN OUTS VALVE BONES FIRE HYDRANTS ETC THEY NVST BE
ADIUSi.TO THE FROPDL LINEANDGMOE BY THE CDNiPAROR PP104 TO
AN—UtrIICPLAONGOF NIFNIANDRPANINGANDGRANNG WAPTES
MUSTBEIALN NEDTOPROKRUN ANDGMDFTHW HOUTTHE
CONSTRURpN 01 THH F0.01ECT
S CONllIACfOR SHALLMNNINNONESETOF'RECORDDGVRN05'OASITf
WREN WILL BESVBWOW V THEOWNER ORMGWEER VMN CWKESgN
OFIMF PROIECI MCORDOMWINGSSNALLINOICPii iX[LOGTUN+OF V4L
SKT[RMNCANUT—MPAOVCNMSANDIDRRCLOGTONS TIEYSNVL
ALSOWLWDED41ENS NALTIESIOALLNIRV MLULVFRISINUI%
IUNC'ION BORES ORE HfDFNVTS ETC
6 CONiMCIOEYfiTl ENlRAl. OS4AGTPNOAIRDNNDIEEGBKW
COMMIANtE WIM ALLFFDEPAl105 N0. STAApAR05 PND REGUUnONS).
STALE RND LOCI PfWUnONS PfGAADWGTPENCH SANK
I BAAPXAUNGNYUPROECISIGNSSNALLCONW MIOSTAIEOEPMIMENI
OF NIGHYTAYS ANDPIIBUCERANSPORTA110N bURKADING AND
CONSTRUCTION STAN DAROS' ON FROM ROADVARYS AND TEXAS MMLIAt
OFN RAFF COMROLDEWCES PARTVCFORPIINAEWORK
BRRNUDESM PRDHCTSEASSEAR-0NIEETTOWNCODE
B DNTAACTORSNAIIREFERTOCOSENELFCIRKSN12SPKIFICAOONSR
UMWNGSN3RAT.—C—ION, IRtTENINOANDEALWILLMOVIREMENTS
9 ORRPESSHALL COWORIA—HEREOLAREMENTEOFCOSERV
LEURRICNSS OTHFAIWSF MONWH ON THESEPUNS O0.NOTFD N THE
EOMLGSOry SPKANARONS CRUSHED STONE BEDDING OR APPRWEC
HALL BE PROW DFO BYTI[ CONTIIACroR W HFN ROG IS
EDINTRENCHfS THAESHALLBENOADDIIIONALPAYHEMOF
E
NUONG IFAO1—COUNIERED,0.00KSPOILSHALL
NOTBEUSEDINIIHFUPNP 1 S IFFTOFTHETNNCNTNFUPPER14 FETOF
TAENOHSHALLBEBAcAOLLEDVAHDUALITYTOP t.
9 IF 0.[OUIRSO BYCONSTRURIUN POKER POIES TO BF NACED AND/OR
NLOGIED BY THE CONTR—OP TE COMAKINAT SHALL COORNNATE
VRM COSEILVELECTRKIORANYPDWERPOLESMATNEEDTOBEB WOR
RELOGTED
'9 TARA-11-1.11FMAINTNNEDAWaI TROM AU STRUOUFES,BOIN
W RING AND ATTERCONSTRLCTION
EO TPFES SNM: PFMNPI ANO BE PROTECTED UNLESS SPEOFIFO OTNfRWISF ON
THE LANDSCAPE PUN ORAPPROVED BY THE OWNER AND THE •OWN
rl tM fNlL4fRIR 11111 11VOROAMN WITH UPWMAATPA nelRN
QNTINA6 NN ilh IM ANt IYSRYYHW U-1A OJTA:l10WbFS
COWAURION
u 1-1 VAR —NAIL LOCA'1A401NSUNlALIIRAIGUNW L.K. ENE
A4 oll"AFARKHONT YROAVADE ID-SI1ARAGAIBONPHERI LLN
BUD I" A' ILK COMRAC2RI EANNl
i3 TIICCOMMCTOR MUST [OAWIY WRIII[OEMLSTATL NND IOCPI
PEGUUM111$ REGMDWG SFMMEMANO EROSpN CONTROL
VE MECONIMCTO0.MAILPRb✓OF EAOSpN PAOifR10N MOUND THEVIOPF
ARUPENNEIER AND ATALL I—A10UT16 DUMNG CONSTRUCTON
LANOSCMING GENEML NOTES.
I ALLNATfAIALS FOR TURF TARTS VROWO[O SHALL BEWACCOPDAN<EVIIM M£
STAIDARDSP[CIfKAipNi TOR PUBIK WORKS CONSTRUCTION, UT[ST EDITION
ASISSUEDNINENORIN CENTRALT EXASCWNOS Of CONTRUIETIISANDINS
CITY SPFQFIG1pN5 AND AS NOTED IN iXF PLwS ANDCbnPACf DORNFNIS
} IWANUTAGRASS511IG TI.FFGRA5SSELDSNALLBEYYNODONDACTYLON'
EpAMONBUMUDAGRASSI THE SEED SHALL BE HMVESTEDWITHW ONEYFAR
R TO PIAPDING, FREEOF IOHNSON GRASS, RELD BND WTED, DODDERSEED
RFEOFDn WEEDSEEDTOMEUNITSALLPV NDERTHEH EML
St_1 AND ARIWUSFEU UWS LH LNOT BtRMI%TUBS 1H
FO SHAH BF HULLFD.FXOUFAN[Y GRROF TRFA [O WITH WNGICIDF AND E
HAIPEAGERETHINATION AND PURRYTHATSHALL FRODLEE AFTER ALLOWANCE
FOR 1NANFB51IOUPANffS APURE UVf SnD CONTENT OF HOTLESS
6U5INGTHE FOAAR PURTTYPE-NTIIMEIGERNI—ONPERCENT
TMESRUSHMOOR SOLNED—FNE..INTL SEEDST-01-13IN
ACCORDANCE WITH US DEPARTMENT OF AONCUI-RE RULES AND—IIATIONS
A CERT—TESVBMIRAL PRIORTOPUN-WG PFORIDEMEOWNERAND
ENGINEER —THE STATE OF TERASCERTIFICATE STATING NEALYSKOT
PURR AND GFRMINATON OF SEED
S RVEGRASSSFED TUR GWSREDSHAUBE'LWUTAMLAOFLOM'M'IR LWN
OR ANNUAL WF GRAS511NESEED5WLLBEHARVESTEDWIORNONEYFA 1-
10PIAMINGANDSw LBEFRKOFPEREN4WLRYEGRASS5EIO.OT41RGRASS
SEED AND WEEDSEEC TOTHELIMTS A-RYABLE UN W P THE FFOERAL SEEDACT
A. —I RESEFDLALYS SEEOSHALLEFATIFASESS-11HANOSHATHAVE
A90I. MINMJM GERNNATION RATE.
A CIROTIGTEW..AL PH.I.-ITING,PPONO.TNI-IIIII-O
INGWEER VRTH ME STATE OF TEXAS CIRTIfIGIE STARNG ANALYSISW
FURRY AND GERMINATION OF SEED
a 1lunaluDRD9Kc,RAwywSEturouorB
• WfiLdPItONRf�ALCMSSS[UTTMLLRAREO
L AP\tIDNXVLI II-NELIW WIGS INUSWaLN<FBU:9
CAUTION N
c11mNG ununes
MBNMTF,NLIHIH� <aHPTRVONI
I.IG�•eA gIfAA.[ IL II i • III
Wi
EMPACT ENGINEERING PIKE MIDDLE SCHOOL+•- GENERAL NOTES 3
"Y++•� `'�—c1�n� IUSTIN, TEXAS
nwuDTll ISPM E 01/10/23
V1iCSLVEIOOd PROJECT NumNER: o03T*RD 05 °",
EXHIBIT B
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 12 of 12