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Home My WebLink AboutContract 59820Date Received: 07/24/2023 Time Received: 10:08 am Record Number: PN23-000046 City Secretary No.: 59820 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER It 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 Lang LB, LLC a(n) Delaware limited liability company ("Licensee"), acting by and through its duly authorized President. RECITALS WHEREAS, Licensee is the owner of the real property located at 601 Harrold Street, Fort Worth, Texas 76107 ("Property"), being more particular described as, Lot 3R-1, Block 1 of Lot 3R-1. Block 11, K.M. Van Zandt's Addition, an addition to the City of Fort Worth, Tarrant County, as recorded in Deed Records, by Instrument Number D222118281, in Tarrant County, Texas, and; WHEREAS, the City owns a water, sanitary sewer, and drainage easement (the "Public Property") adjacent to the Property, recorded in the plat records of Tarrant County as plat number FS-16-181; 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 OFFICIAL RECORD Tier 11 Easement Encroachment Agreement CITY SECRETARY page 1 of 12 FT. WORTH, TX Revised 12/2022 on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing, installing, and maintaining a private utility, and storm lines (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 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. Tier II Easement Encroachment Agreement Page 2 of 12 Revised 12/2022 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 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 Nine 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 Tier II Easement Encroachment Agreement Page 3 of 12 Revised 12/2022 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 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 "A." The amounts of such insurance shall be not less than S1,000,000 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 Tier II Easement Encroachment Agreement Page 4 of 12 Revised 12/2022 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, 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 Tier II Easement Encroachment Agreement Page 5 of 12 Revised 12/2022 third -party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. 16. In any action brought by the City for the enforcement of the obligations of the Licensee, City shall be entitled to recover interest and reasonable attorneys' fees. 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. Tier II Easement Encroachment Agreement Page 6 of 12 Revised 12/2022 This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument [SIGNATURES APPEAR ON FOLLOWING PAGE] Tier II Easement Encroachment Agreement Page 7 of 12 Revised 12/2022 City: CITY OF FORT WORTH Z=-A-- By: DJ H a rrel I(Ju 120. 202312:56 CDT) D.J. Harrell, Director of the Development Services Department Date: Jul 20, 2023 ATTEST: Jannette Goodall, City Secretary Date: J u 124, 2023 o FORr�aa o ° o l.g ova o=; pPo*°oa o°�d QanIl nEXp?o4.> Licensee: Lang LB, LLC \� A Delawl limit li bili y company I� By: Name: Di�'k Oudt Title: Pre enf �y Date: Approved As To Form and Legality Jeremy Anato-Mensah Assistant City Attorney Date: J u l 20, 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 (Ju120, 202312:55 CDT) Date: J u l 20, 2023 Rebecca Owen Development Services OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II Easement Encroachment Agreement Page 8 of 12 Revised 12/2022 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared D.J. Harrell, 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 20th day of July , 20 23 Kathleen Digitally signed by Kathleen Bradford .0 KATHLEEN BRADFORD Bradford Date:2023.07.20 .Notary Public 15:30:09-05'00' STATE OF TEXAS Notary I.D. 12197197 Notary Public in and for the State of Texas My Comm. Exp. Apr. 12, 2027 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 12 Revised 12/2022 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of ljwa�on this day personally appeared Dirik Oudt, President (Title) known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed, as the act and deed of Lang LB, LLC, a Delaware limited liability company (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 7 20�3 Notary Public in and for the State of LUPITA RAMIREZ Notary ID #128940501 N� My Commission Expires 9rE pr t�+ April 2, 2024 day o4 Tier II Easement Encroachment Agreement Page 10 of 12 Revised 12/2022 EXHIBIT A Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page 11 of 12 Revised 12/2022 E LANG LEFT BANK Fort Worth, Texas MAY 2023 THE CITY OF FORT WORTH ENCROACHMENT AGREEMENT LANG LEFT BANK .,MROCK ,ULLEN a PILLAR > WHITE SCT SITE LOCATION (CRCrXETT MOFrrON BLEpSOE LOCATION MAP FoRT WORTH OWNER/DEVELOPER LANG LEFT BANK, LLC 1501 DRAGON ST, #102, DALLAS, TEXAS 75205 CONTACT: BRANDON HANCOCK PHONE: (214)628-7822 Kimley)»Horn 801 Cherry St. Unit 11, Suite 1300 Fort Worth, Texas 76102 Phone: (817) 339 - 2294 State of Texas Registration No. F-928 I X I SIDEWALK EASEMENT �r PUBLIC ACCESS EASEMENT —UN CESS EASEMENT (INST. NO. D215272429r I r(INST. NO. D215272429) �� TO BE ABANDONED BY PLAT �� _�-- 6tASA40_"Ka LAT f:;�L ,�EEE6SfASEk�I.. - . , WATER EASEMENT _ (BY THIS P — -*— -J— — — (INST. NO. D205301661) --- -- + _ ?—f-. DRAINAGE & WATE STORMWATER 6' P B C PEDESTRIAN / EASEMENT FACILITIES CESS EASEMENT] (INST. NO. D214231848) MAINTENANCE (BY THIS PLAT) DRAINAGE EASEMENT GREEMENT (INST. NO. D215272429) (INST. PORTION OF PROPERTY AFFECTED BY TESCO 1 ' EASEMENT • FFE: 541.50 (VOL. 6689, PG. 605) <� I �ji I J.J IL' _U J m J � a LL ~ O O W 51 WATER & SANITARY SEWER EASEMENT- (INST. NO. D215272429) 12 Wp I — LOT 3R-1 R, BLOCK 11 r` K.M. VAN ZANDT'S ADDITION (INST. NO. D217082222) 3.3616 ACRES 146,432 SQ. FT. DRAINAGE EASEMENT (INST. NO. LANG LB LLC D215272429) ONCOR ELECTRIC DELIVERY "'I -COMPANY, LLC EASEMENT (INST. NO. D216201950) SIDEWALK & LANDSCAPE ASEMENT 601 HARROLD STREET APN: 42318619 (INST. NO. D215272429) WATER EASEMENT = (INST. NO. D215272429) I'rVPITER EASEMENT PUBLIC ACCESS STORMWATER FACILITIES •' (BY THIS PLAT) EASEMENT AINTENANCE AGREEMENT / (INST. NO. (INST. NO. ) D215272429) IJ1TV7 _ I 110 sty TEXAS UTILITIES ELECTRIC I� II I COMPANY EASEMENT `(VOL. 11888, PG. 1580) (APPROXIMATE LOCATION) Lang Left Bank 601 HARROLD STREET, FORT WORTH, TEXAS 05/25/2023 OVERALL ENCROACHMENT LAYOUT KimleyoHorn 801 Cherry Street, Unit 11 Suite 1300 Fort Worth, TX 76102 817-335-6511 ,�EaExEmoTe Texas Registration NAT 4o�N—PRO8XTMEem. �. GRAPHIC SCALE IN FEET 0 15 30 60 \ — PUBLIC ACCESS EASEMENT PUBLIC ACCESS EASEMENT (INST. NO. D215272429) (INST. NO. ) e— --------------------- --------------- SIDEWALK EASEMENT (INST. NO. D215272429) F TO BE ABANDONED BY PLAT m u O o _ a - J ' w PROP. PRIVATE TRENCH DRAIN 0 PROPERTY LINE m � o I v U y- m a "5 0 \N s >c�io yy� Lang Left Bank 601 HARROLD STREET, FORT WORTH, TEXAS W 05/25/2023 Fz OlN ao� — — — — — — — — PROPOSED TRENCH DRAIN — I EX. 84" STORM LINE ——PU-9L�Abc'�b3-�AbtM*_N4- yr (BY THIS PLAT) j r EX. 66" STORM LINE FACILITIES MAINTENAvoi: I / AGREEMENT ;INST. N12. r—� I Lk 54" ENCROACHMENTS j WATER LINE AREA 1 57.0' I --- ---- 193.1' / �— ENCROACHMENT AREA 2 DRAINAGE & WATER —EASEMENT DRAINAGE EASEMENT J (INST. NO. D214231848) ZPROP. PRIVATE 18" (INST. NO. D215272429) STORM LINE 6' PUBLIC PEDESTRIAN ACCESS EASEMENT (BY THIS PLAT) Kimleyo Horn 801 Cherry Street, Unit 11 ENCROACHMENTS 1 & 2 S"ita1300 Fort Worth, TX 76102 817-335-6511 State of Texas Registration No. F-928 SIDEWALK & LANDSCAPE PROPERTY LINE -EASEMENT I (INST. NO. D215272429) 77 ENCROACHMENT v o AREA 3 PROPOSED 4" DOMESTIC WATER ti SERVICE Lang Left Bank 601 HARROLD STREET, FORT WORTH, TEXAS 05/25/2023 DRAINAGE EASEMENT (INST. NO. D215272429) 20.0' PROPOSED2'\ IRRIGATION LINE ,I PROPOSED 8" FIRE LINE J GRAPHIC SCALE IN FEET !0 10 20 40 ENCROACHMENT 1 AREA 4 WATER EASEMENT (INST. NO. D215272429) EX. 66" STORM LINE ENCROACHMENT 3 & 4 Kimley>>> Horn 801 Cherry Street, Unit 11 Suite 1300 Fort Worth, TX 76102 817 335-6511 State� Texas Registrationi�No_F928 T.E�m. E.G Ic g a 0.0 _� ao� NORTH GRAPHIC SCALE IN FEET !0 10 20 40 WATER & SANITARY SEWER II I EASEMENT _ PUBLIC ACCESS EASEMENT PROPOSED (INST. NO. D215272429) (INST. NO. D215272429) L PRIVATE 8" Li SEWER LINE , L_ — WATER EASEMENT hN TER EASEM NT _ 27' PUBLIC ACCESS (INST. NO. D215272429) (BY THIS PL�T) EASEMENT —�T—-----T=------- — — — — --------- - ----- I —� —-------EX.PUBLIC10" 11g�v I :I! 1�� WATER LINE qI II 1o^w 10--w I L I� _ PROPosED I - - ,, PRIVATE 18" STORM LINE i — J I PUBLIC 6" — + ENCROACHMENT r EX.PUBLIC 8" EX. PUBLIC 24" I I £� I FIRE LINE I AREA 5 SEWER LINE STORM LINE r I i A \ I \ WATER EASEMENT — — 4 ONCOR ELECTRIC DELIVERY — (INST. NO. D217082222) COMPANY, LLC EASEMENT (INST. NO. D216138592) ATMOS ENERGY EASEMENT (INST. NO. D215247695) Lang Left Bank 601 HARROLD STREET, FORT WORTH, TEXAS 05/25/2023 MAINTENANCE AGREEMENT —� (INST. NO. 1 I L — _ TEXAS UTILITIES ELECTRIC COMPANY EASEMENT (VOL. 11888, PG. 1580) -I ►I (APPROXIMATE LOCATION) Kimley>>> Horn 801 Cherry Street, Unit 11 ENCROACHMENT 5 s<<eeof Texas Rego trat oln No.8F 9528 ST LINE A 550 545 EXISTING GRADE "�--- --� PROPOSED GRADE J 540 m $ PROPOSED 8" b I SEWER LINE g a 535 ^a" �\�Cj/ 0� N i e" o ao S`G - o P"OP N N` EXISTING 6" WATER LI VE ' M� EXISTING 3" WATER LINE s 530 / PROPOSED 6" FH LEAD Y a 0+00 1ji-00 04 N J L ' Ri `g 1 +00 n S Iriai� Lang Left Bank 601 HARROLD STREET, FORT WORTH, TEXAS 9Q 05/25/2023 @Z� 0 a� 2-00 4 l 2+ 00 = 00 LO L / 3+00 550 545 540 535 530 3+50 KimleyoHorn 801 Cherry Street, Unit 11 ENCROACHMENTS 5 PROFILE Stefaa Fort Worth, TX 76102 817-335-6511 State oof Texas Registration No. F-928 LEGAL DESCRIPTION BEING a 2,252 square foot (0.0517 acre) tract (Tract 1), a 2,753 square foot (0,0632 acre) tract (Tract 2), a 88 square foot (0.0020 acre) tract (Tract 3), a 212 square foot (0.0049 acre) tract (Tract 4), and a 1,467 square foot (0.0337 acre) tract (Tract 5) of land situated in the William Bussell Survey, Abstract No. 151, City of Fort Worth, Tarrant County, Texas; said tracts being part of Lot 3R-1, Block 11, K.M. Van Zandt's Addition, an addition to the City of Fort Worth according to the plat recorded in Instrument No. D217082222, Official Public Records, Tarrant County, Texas; said tracts being more particularly described as follows: TRACT COMMENCING at a 5/8-inch iron rod with cap stamped "STANTEC" found for the northeast corner of said Lot 3R-1; THENCE North 89"48'37" West, along the north line of said Lot 3R-1, a distance of 125.67 to a point; THENCE South 00°00'00" East, departing the said north line of Lot 3R-1, a distance of 8.50 feet to the POINT OF BEGINNING; THENCE South 00°00'00" East, a distance of 10.00 feet to a point for corner; THENCE North 89°48'37" West, a distance of 225.24 feet to a point for corner; THENCE North 00°00'00" East, a distance of 10.00 feet to a point for corner; THENCE South 89"48'37" East, a distance of 225.24 feet to the POINT OF BEGINNING and containing 2,252 square feet or 0.0517 acres of land, more or less. TRACT 2 COMMENCING at a 5/8-inch iron rod with cap stamped "STANTEC" found for the northeast corner of said Lot 3R-1; THENCE North 89°48'37" West, along the north line of said Lot 3R-1, a distance of 156.77 feet to a point; THENCE South 00"06'55" West, departing the north line of said Lot 3R-1, a distance of 44.47 feet to the POINT OF BEGINNING; THENCE South 00'06'55" West, a distance of 14.00 feet to a point for corner; THENCE North 89053'13" West, a distance of 193.05 feet to a point for corner; THENCE North 00°06'55" East, a distance of 14.00 feet to a point for corner; THENCE South 89'53'08" East, a distance of 126.08 feet to a point for corner; THENCE North 00°06'56" East, a distance of 5.00 feet to a point for corner; THENCE South 89'51'50" East, a distance of 10.00 feet to a point for corner; THENCE South 00'06'56" West, a distance of 5.00 feet to a point for corner; THENCE South 89'53'38" East, a distance of 56.97 feet to the POINT OF BEGINNING and containing 2,753 square feet or 0.0632 acres of land, more or less. ENCROACHMENT AGREEMENT WILLIAM BUSSELL SURVEY ABSTRACT NO, 151 CITY OF FORT WORTH TARRANT COUNTY, TEXAS Kimlev*Horn 601 Cherry Street. Unit 11, # 1300 1 Tel. No. (817) 335-6511 Fort Worth. Texas 76102 FIRM 4 10194040 mm.kimley-hom.com Scale I Dram by Checked by I DateI Praiect No, Sheet No. DRUMMOND, DASHAWN 5131/2023 8.53 AM KAFTW SURVEYW61316300-601 HARROLD STREET FORT ARTH1DWG%061316300-601 I ARROLD STREET FORT JRTH-EA.DWG1 OF 6 TRACT 3 COMMENCING at the northwest corner of said Lot 3R-1, and being in the east right-of-way line of Harrold Street (65-foot right-of-way); from said point a 5/8-inch iron rod with cap stamped "STANTEC" found for the northeast corner of said Lot 3R-1, bears South 89°48'37" East, a distance of 363.28 feet; THENCE along the said east right-of-way line of Harrold Street, and along the west line of said Lot 3R-1, the following three (3) calls: South 00034'04" East, a distance of 13.51 feet to a point; South 44645'17" West, a distance of 61.65 feet to a point 5/8-inch iron rod with cap stamped "STANTEC" found at the beginning of a non -tangent curve to the left with a radius of 967.50 feet, a central angle of 0°41'52", and a chord bearing and distance of South 0°13'22" East, 11.78 feet; In a southerly direction, with said non -tangent curve to the left, an arc distance of 11.78 feet to a point; THENCE North 90°00'00" East, departing the said east right-of-way line, a distance of 0.27 feet to the POINT OF BEGINNING; THENCE South 89°53'05" East, a distance of 11.36 feet to a point for corner; THENCE South 00°32'36" East, a distance of 7.69 feet to a point for corner; THENCE South 89°45'02" West, a distance of 11.40 feet to a point for corner; THENCE North 00'14'58" West, a distance of 7.76 feet to the POINT OF BEGINNING and containing 88 square feet or 0.0020 acres of land, more or less. TRACT 4 COMMENCING at the northwest corner of said Lot 3R-1, and being in the east right-of-way line of Harrold Street (65-foot right-of-way); from said point a 518-inch iron rod with cap stamped "STANTEC" found for the northeast corner of said Lot 3R-1, bears South 89'48'37" East, a distance of 363.28 feet; THENCE along the said east right-of-way line of Harrold Street, and along the west line of said Lot 3R-1, the following three (3) calls: South 0°34'04" East, a distance of 13.51 feet to a point; South 44°45'17" West, a distance of 61.65 feet to a point 5/8-inch iron rod with cap stamped "STANTEC" found at the beginning of a non -tangent curve to the left with a radius of 967.50 feet, a central angle of 1 °58'44", and a chord bearing and distance of South 0051'48" East, 33.41 feet; In a southerly direction, with said non -tangent curve to the left, an arc distance of 33,41 feet to a point; THENCE North 90600'00" East, departing the said east right-of-way line, a distance of 1.92 feet to the POINT OF BEGINNING; THENCE South 88'1115" East, a distance of 10.50 feet to a point for corner; THENCE South 00°08'08" West, a distance of 20.00 feet to a point for corner; THENCE North 89°48'36" West, a distance of 10.52 feet to a point for corner; ENCROACHMENT AGREEMENT WILLIAM BUSSELL SURVEY ABSTRACT NO. 151 CITY OF FORT WORTH TARRANT COUNTY, TEXAS THENCE North 00'12'35" East, a distance of 20.30 feet to Kimlev)))Horn the POINT OF BEGINNING and containing 212 square feet 801 Cherry Street, Unit 11, # 1300 1 Tel. No. (817) 335-6511 or 0.0049 acres of land, more or less. Fort Worth, Texas 76102 FIRM* 10194040 vmwv drnley-horn.conn Scale I Drawn by I Checked by I Date Protect No. I Sheet No. NIA DMI) MCH 5131/2023 061316300 2 OF 6 DRUMMOND, UASHAWN 5/31/2023 8:59 AM K TTW SURVEY4061316300-601 HARROLD STREET FORT WORTH4DWG1061316300 6W HARROLD STREET FORT WORTH EA.DWG TRACT 5 COMMENCING at an "+" cut found for the southwest corner of said Lot 3R-1, being in the east right-of-way line of Harrold Street (65-foot right-of-way); from said point a 5/8-inch iron rod with cap stamped "STANTEC" found in the west line of said Lot 3R-1, bears North 0°07'35" East, a distance of 197.68 feet; THENCE South 89°53'05" East, along the south line of said Lot 3R-1, a distance of 21.45 feet to a point; THENCE North 00004'25" East, departing the said south line of Lot 3R-1, a distance of 18.02 feet to the POINT OF BEGINNING; THENCE North 00°04'25" East, a distance of 10.00 feet to a point for corner; THENCE South 89'55'35" East, a distance of 14.18 feet to a point for corner; THENCE North 00°06'55" East, a distance of 7.71 feet to a point for corner; THENCE South 89"52'25" East, a distance of 10.00 feet to a point for corner; THENCE South 00°06'55" West, a distance of 7.71 feet to a point for corner; THENCE South 89°55'35" East, a distance of 151.89 feet to a point for corner; THENCE South 00'04'54" West, a distance of 5.91 feet to a point for corner; THENCE North 89°52'25" West, a distance of 62.88 feet to a point for corner; THENCE South 00°13'22" East, a distance of 4.15 feet to a pant for corner; THENCE North 89°55'35" West, a distance of 14.89 feet to a point for corner; THENCE North 00°00'00" East, a distance of 4.04 feet to a point for corner; THENCE North 89°44'42" West, a distance of 19.97 feet to a point for corner; THENCE South 00°06'55" West, a distance of 4.11 feet to a point for corner; THENCE North 89°55'35" West, a distance of 10.00 feet to a point for corner; THENCE North 00°06'55" East, a distance of 4.12 feet to a point for corner; THENCE North 89*11'32" West, a distance of 4.91 feet to a point for corner; THENCE South 00°00'00" East, a distance of 4.19 feet to a point for corner; THENCE North 89°55'35" West, a distance of 15.00 feet to a point for corner; THENCE North 00°00'00" East, a distance of 4.19 feet to a point for corner; THENCE North 89°47'20" West, a distance of 24.27 feet to a point for corner; THENCE South 00°06'55" West, a distance of 13.54 feet to a point for corner; THENCE North 89052'25" West, a distance of 10.00 feet to a point for corner; THENCE North 00°06'55" East, a distance of 9.29 feet to a point for corner; THENCE North 89°55'35" West, a distance of 14.17 feet to the POINT OF BEGINNING and containing 1,467 square feet or 0.0337 acres of land, more or less. NOTES Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202). A survey plat of even survey date herewith accompanies this metes & bounds description. The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the agreement tracts. f I OF 6G4ST 61CHA L C. BILLINGSLEY co: �0 •'•� �t;' •' ;# REGISTERED PROFESSIONAL .•............................. a LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY ENCROACHMENT AGREEMENT WILLIAM BUSSELL SURVEY ABSTRACT NO. 151 CITY OF FORT WORTH TARRANT COUNTY, TEXAS 801 CHERRY STREET, UNIT 11 ....:...........• ••: SUITE 1300 :A655� P� Kimlev*Horn FORT WORTH, TEXAS 76102 �9 ��F' E S S\ .. •' O 801 CherryStreet, Unit 11, # . ■ Tel. No. (817) 335-6511 PH. 817-335-6511 ti19 ........... "• �y S U R Fort Worth, Texas 76102 FIRM # 10194040 mmkMey-horn.comV michael.billingsley@kimley-horn.com Scale I Drawn by I Chocked by I Date PreectNO. I sheet No. NIA DMD MCB 513V2023 0613t6300 30F6 ❑RUMMOND, DASHAWN 513112023 a53 AM KIFTW SURVEM61316300E01 HARROLD STREET FORT ARTHtDWM051316300-601 HARROLD STREET FORT ORTH_EA,DWG NORTH 0 20 40 GRAPHIC SCALE IN FEET DRAINAGE & WATER -EASEMENT (INST. NO. D214231848) LOT 2R-1, BLOCK 11 EVANS-PEARSON WESTWOOD ADDITION (INST. NO, D217082216) PUBLIC ACCESS EASEMENT (INST. NO. D215272429) P.O.C. , (TRACTS 1 & 2) ------------------------------------- TRACT 1-- 1 n . O . 5/8" IRF — ——0.0517 ACRES— — — — — — — — —1 r "STANTEC" 2,252 SQ. FT. — - r r-----------)L755_L2 S89048'37"E 225.24' L — — — — —�— 'T- - - - � N89'48'37"W 225.24' SIDEWALK EASEMENT P.O.B. �_ (INST. NO. D215272429) S89'53'08"E 126.08' L9 L i0 L11 L12 — — — — — -- — Z N89'53'13"W 193.05' DRAINAGE EASEMENT Y -DRAINAGE EASEMENT (CAB. B, SL. 1646)) (INST. NO. D215272429) LOT 3R-1, BLOCK 11 p K.M. VAN ZANDT'S ADDITION WATER EASEMENT_ LL, TRACT 2— (INST. NO. D217082222) (INST. NO. D205301661) 0.0632 ACRES PORTION OF PROPERTY 2,753 SQ. FT. LANG LB, LLC AFFECTED BYTESCO EASEMENT- W (INST. NO. D222118281) (VOL. 6689, PG. 605) _J U LINE TABLE LINE TABLE 518" IRF "BURY" NO. BEARING LENGTH NO. BEARING LENGTH L1 N89'48'37"W 125.67' L7 S00'06'55'W 14.00' LEGEND L2 S00'00'00"E 8,50, L8 N00'06'55"E 14.00' P.O.C. = POINT OF COMMENCING P.O.B. = POINT OF BEGINNING L3 S00'00'00"E 10.00, L9 N00'06'56"E 5.00, IRF = IRON ROD FOUND IRFC = IRON ROD WICAP FOUND L4 N00'00'00"E 10.00' L10 889'51'50"E 1o.00' XF = "+" CUT FOUND L5 N89'48'37"W 156.77' L11 S00'06'56"W 5.00' 1 L6 N0o'06'55"E 44.47' L12 S89'53'38"E 56.97' NOTES Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zane (4202). A metes and bounds description of even survey date herewith accompanies this survey plat. The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey plat accurately sets out the metes and bounds of the agreement tracts. ENCROACHMENT AGREEMENT WILLIAM BUSSELL SURVEY OST ��.. TF,_ ABSTRACT NO, 151 MICHAEL C. BILLINGSLEY (:b. ' ��0 '': * CITY OF FORT WORTH REGISTERED PROFESSIONAL ... :.••..••.••.••.••..••.••:..• TARRANT COUNTY, TEXAS LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY 801 CHERRY STREET, UNIT 11 ....' ........................... ••• •• .. • • • KimNe >>> Horn SUITE 1300 '• ,0 6558 `�;• FORT WORTH, TEXAS 76102 l9 ''p�FE5�1�Pp`� '•.,,•.••.•,, .` 601 Cherry SVeet, Unit 11, q 1300 1 Tel. Na. (617)335-8511 PH. 817-335-6511 S U R `� Fort Worth, Texas 76102 FIRM 0 10194040 ymmMmley-hom.com michael.billingsley@kimley-horn.eom s�,e o=wr by CheGedhy Data ProiactNo. SheelNo. 041D MC6 5131r2023 I 061316300 I 4 OF 6 DRUMMOND, DASHAWN 573112023859 AM K'AFTW SURVEY1061316300-601 HARROLD STREET FORT WORTHIDWG10613163W-601 HARROLD STREET FORT WORTH EA.DWG NORTH 0 15 30 GRAPHIC SCALE IN FEET P.0.C. (TRACTS 3 & 4) LOT 2R-1, BLOCK 11 i EVANS-PEARSON WESTWOOD ADDITION (INST. NO. D217082216) S89°48'37"E 363.28' .__. 518" [RF__Z,"O' `2 "STANTEC" J � DRAINAGE EASEMENT (INST. NO. D215272429) 518" IRF "STANTEC" —�--------� — ---- P.O.B. Z) r181ir TRACT3------------ ■ m L14 co 0.0020 ACRES LOT 3R-1, BLOCK 11 88 SQ. FT. K.M. VAN ZANDT'S ADDITION L18 L17 I WATER EASEMENT (INST. NO. D217082222) L1 1 1 (INST. NO. D215272429) I L201 TRACT 4 �'` 0.0049 ACRES c i 212 SQ. FT. 222 jl I 1 I� l DRAINAGE EASEMENT (INST. NO. D215272429) r LANG LB, LLC (INST. NO. D222118281) ONCOR ELECTRIC DELIVERY COMPANY, LLC EASEMENT (INST. NO. D216201950) LINE TABLE LINE TABLE LEGEND NO. BEARING LENGTH NO. BEARING LFNGTH P.O.C. = POINT OF COMMENCING P.O.B. = POINT OF BEGINNING L13 S00°34'04"E 13.51, L19 N90°00'00"E 1.92' IRF = IRON ROD FOUND L14 N90°00'00"E 0.27' L20 S88°11'15"E 10.50, IRFC = IRON ROD WICAP FOUND XF = "+" CUT FOUND L15 S89°53'05"E 11.36' L21 Soo°08'08"W 20.00' ENCROACHMENT AGREEMENT Lib S00°32'36"E 7.69' L22 N89°48'36"W 10.52' WILLIAM BUSSELL SURVEY L17 S89'45'02"w 11.40' L23 Noo°12'35"E 20.30' ABSTRACT NO. 151 L18 NOo'14'58"W 7.76' CITY OF FORT WORTH TARRANT COUNTY, TEXAS CURVE TABLE NO. DELTA RADIUS LENGTH CHORD BEARING CHORD Kimlev)))Horn Cl 0°41'52" 967.50' 11.78' S00° 13'22"E 1138' 601 Cherry Street, Unit 11, # 1300 ■ TeL No. (817} 335 6511 Fort Worth, Texas 76102 FIRM # 10194040 mm.kimley-hom.com C2 1 °58'44" 967.50' 33.41' S00°5V48"E 33.41' Scale I Drawn by I Checked by I Ome I Prciect;4m I Sheet No. DMI7 MCB 513112fl23 061316300 5 OF 6 DRUMMOND, DASHAWN 5131/2023 &59 AM KAFTW SURVEY5W31630M01 HARROLD STREET FORT WbRTH1DWG1061316300-601 HARROLD STREET FORT WORTH_EA.DWG 518" IRFC "STANTEC" W !/ LL NLNU 2 tY NORTH 0 15 30 c) l m GRAPHIC SCALE IN FEET DRAINAGE EASEMENT O W I I I (INST. NO. D215272429) ONCOR ELECTRIC DELIVERY LOT 3R-1, BLOCK 11 �T COMPANY, LLC EASEMENT K.M. VAN ZANDT'S ADDITION ry p i I (INST. NO. D216201950) (INST. NO. D217082222) Q O PUBLIC OPEN SPACE to � I EASEMENT LANG LB, LLC w (INST. NO. D215272429) (INST. NO. D222118281) En I PUBLIC ACCESS EASEMENT o i I (INST. NO, D215272429) o I WATER & SANITARY SEWER WATER EASEMENT —EASEMENT (INST. NO. D215272429) INST. NO. D215272429) TRACT 5� SWB EASEMENT 0.0337 ACRES (INST. NO. D209309425) — z 467 SQ. FT. `� L L29 I (INST. NO. D210248409) t 0Z —co—_ 2 2 I L27 L30 L42 L31 J U]� �/ L44 I L43 I L 9 L38 I—L35' —L34� i L33 —L40 -- ---- ------ XF�r _ J — L41 I' L36 L24 1' I I L49 L47 j I {_ — " APPARENT LOCATION OF P.O.. B WATER EASEMENT ACCESS EASEMENT AND ^ (INST. NO. D217082222) AGREEMENT P . 0. C . LOT 4R, BLOCK 11 I (INST. NO, D2i6152728) THATCHED AREA) K.M. VAN ZANDT'S ADDITION I LOT A-4, BLOCK 1 (INST. NO. D215272429) K.M. VAN ZANDT'S ADDITION (CAB. B, PG. 2106) L�IPLMi_13-11- 1111110 :: NO. BEARING LENGTH NO. BEARING LENGTH LEGEND L24 S89'53'05"E 21.45' L37 N89°44'42"W 19,97' P.O.C. = POINT OF COMMENCING L25 N00°04'25"E 18.02' L38 S00°06'55'W 4.11' P.O.B. = POINT OF BEGINNING IRF = IRON ROD FOUND L26 NOD'04'25"E 10,00, L39 N89'55'35"W 10.00' IRFC = IRON ROD WICAP FOUND XF = "+" CUT FOUND L27 S89°55'35"E 14,18' L40 N00°06'55"E 4.12' L28 N00°06'55"E 7.71' L41 N89'11'32"W 4.91' ENCROACHMENT AGREEMENT L29 S89°52'25"E 10.00' L42 sao°oo'oo"E 4.19' WILLIAM BUSSELL SURVEY L30 SOO°06'55"W 7.71' L43 N89'55'35"W 15.00' ABSTRACT NO. 151 L31 889°55'35"E 151.89' L44 NOO'00'00"E 4,19' CITY OF FORT WORTH L32 SOO'04'54"W 5.91' L45 N89'47'20"W 24.27' TARRANT COUNTY, TEXAS L33 N89°52'25"W 62.88' L46 S00°06'55"W 13.54' L34 S00°13'22"E 4,15, L47 N89'52'25"W 10.00, Kimlev)))Horn L35 N89°55'35"W 14,89' L48 NOO°06'55"E 9.29' 801 Cherry Street, Unit 11. # i300 ■ Tel. No. (817) 3356511 Fort Worth, Texas 76102 FIRM * 10194040 wvwwmley-hom.ccm L36 N00'00'00"E 4.04' L49 N89'55'35"W 14.17' Scale I Drawn by I Checked by I Date I F'roiect No. I Sheet o. 1" = 30' DMD MOB 513112023 051316300 6 OF 6 DRU AMOND, DASHAWN 513112023 &59 AM K'hFTW SURVEYW61316300-601 HARROLD STREET FORT VVORTHIDWG141316300-601 HARROLD STREET FORT WORTH EA.DWG EXHIBIT D Certificate of Insurance Tier II Easement Encroachment Agreement Page 12 of 12 Revised 12/2022