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HomeMy WebLinkAboutContract 59877Date Received: 08/02/2023 Record Number: PN23-00075 Time Received: 10:52 a.m. City Secretary No.: 59877 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, Farley-Weatherred Family, LLC a(n) Texas limited liability company and Midtown Restaurant Concepts, LLC a(n) Texas limited liability company, (collectively the "Parties") both acting by and through their duly authorized representatives. RECITALS WHEREAS, Licensee is the owner of the real property located at 411 W. 71 Street, Fort Worth, Texas 76102("Property"), as recorded in Deed Records of Tarrant Count, an Addition to the City of Fort Worth, being a replat of Lots 1 thru 16, Block 5, Hirschfield Addition, recorded by Instrument Number D217228184, in Tarrant County, Texas, and; WHEREAS Midtown Restaurant Concepts, LLC through that certain Amendment to Lease has a leasehold interest in the Property; and WHEREAS, the City owns a right of way (the "Public Property") adjacent to the Property, in the plat records of Tarrant County as plat number FS-04-068; 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 Tier I ROW Encroachment Agreement OFFICIAL RECORD page 1 of 12 CITY SECRETARY Revised 12/2022 FT. WORTH, TX occupy a portion of the City's Public Property as described in and at the location shown on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing, installing, and maintaining a blade sign (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within the Public Property. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on the Public Property beyond what is specifically described in Exhibit "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. ;1 Tier I ROW 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 presently contemplated or not, that the parties agree to negotiate in good faith in order to accommodate both the Encroachment and the public purpose. Tier I ROW Encroachment Agreement Page 3 of 12 Revised 12/2022 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 $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. Tier I ROW Encroachment Agreement Page 4 of 12 Revised 12/2022 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 I ROW Encroachment Agreement Page 5 of 12 Revised 12/2022 16. In any action brought by the City for the enforcement of the obligations of the Licensee, City shall be entitled to recover interest and reasonable attorneys' fees. 17. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. 18. Licensee covenants and agrees that it will not assign all or any of its rights, privileges, or duties under this Agreement without the written approval of the City, and any attempted assignment without such written approval shall be void. In the event Licensee conveys the Property, Licensee may assign all of its rights and obligations under this Agreement to the new owner of the Property, and Licensee shall be deemed released from its duties and obligations hereunder upon City's approval in writing of such assignment, which approval shall not be unreasonably conditioned or withheld. Foreclosure by a secured lender of Licensee or assignment to a secured lender by Licensee in the event of default or otherwise shall not require City approval provided that said lender notifies City in writing within sixty (60) days of such foreclosure or assignment and assumes all of Licensee's rights and obligations hereunder. However, no change of ownership due to foreclosure or assignment to any secured lender of Licensee shall be effective as to City unless and until written notice of such foreclosure or assignment is provided to City. 19. Any cause of action for breach of this Agreement shall be brought in Tarrant County, Texas. This Agreement shall be governed by the laws of the State of Texas. 20. This Agreement shall be binding upon the parties hereto and their successors and assigns. 21. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument [SIGNATURES APPEAR ON FOLLOWING PAGE] Tier I ROW Encroachment Agreement Page 6 of 12 Revised 12/2022 City: CITY OF FORT WORTH By D I Harrah (Aug 20J7 093J CDT) D.J. Harrell, Director of the Development Services Department Date: Aug 1, 2023 an 9F.... a a ATTEST: °d a�.G d C �'o oa o�dP V � � pda* 000 aoo *p aaa� nEo^4d4b Jannette Goodall, City Secretary Date: Aug 2, 2023 Tier I ROW Encroachment Agreement Licensee: Farley-Weatherred Family, LLC A Texas limited liability company By: Name` 'Farley Title: Member Date: 7 - f ` 2-3 Approved As To Form and Legality Jeremy Anato-Mensah Assistant City Attorney Date: Jul 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. Rebe�c� nc uc ow&tt� Rebecca Diane Owen (Jul 20, 2023 13:22 CDT) Rebecca Owen Development Services Date: Jul 20, 2023 Page 7 of 12 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 '%*5 , on this day personally appeared Patrick Farley, Member (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 Farley-Weatherred Family, LLC, a Texas limited liability company (entity type), and in the capacity therein stated. GIVEN UNDER.MY HAND AND SEAL OF OFFICE this day of )UIq , 20 �Z <*0.Y?"B STEPHANIE SEGOVIA 1 U i Notary ID 4133593770 Notary Public in and for the �j� My Commission Expires 1 v� February 16, 2026 1 State of 70XC',� Tier I ROW Encroachment Agreement Page 9 of 12 Revised 12/2022 LEASER Midtown Restaurant Concepts, LLC A Texas limit liability m any By: ame: Albert Muri Title: Leaser Date: STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of T YJ S , on this day personally appeared Albert Muric, Leaser (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 Midtown Restaurant Concepts, LLC, a Texas limited liability company (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 36 t y of SLLA e 20 a 3. rprnIII�o-, KATHLEEN BRADFORD o r' . ,Notary Public. State of Texas Notary Public in and for the :,�-, : o` -1 Comm. Expires 04-12-2027 State of _� �,,,,,,,o' Notary ID 12197197 Tier I ROW Encroachment Agreement Page 10 of 12 Revised 12/2022 1y 11: I by J_l!I Il OlU :ty 1111111l�1 OUJ . M 1111 .Jf 11: l�J l�l rK fly Irl�J►1 A' i 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 1st day of August , 20 23 Wendy L. Digitally signed by Wendy L. Beardslee Bea rd s I ee Date: 2023.08.02 08:58:12-05'00' 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 YP�ef, �WENDY L BEARDSLEE z Notary Public , * * STATE OF TEXAS Notary I.D. 13323719-3 9�OF My Comm. Exp. July 28, 2025 Tier I ROW Encroachment Agreement Page 8 of 12 Revised 12/2022 EXHIBIT A Depiction and description of the Encroachment Tier I ROW Encroachment Agreement Page 11 of 12 Revised 12/2022 M&N-11 411 17�b "r Fort. Vkd,TX 76101 f*§ - P , ml p,,,l "A U #4! II` l r!' u LOCATION OP JOB Projecting sign «r � N 5� PROFILE VIEW 1� side alkl? - -I11. . 1%r - 1 5?800 - 42 R, P roj exc tln g Si gr1 Ijt7W r 5wf wm1w E&AmOt - ,m -�.--r = • - 42' Storefront Width �T 15' Storefront r Heigh k. 1 Q Illuminated Double -Face Blade Sign Permit, manufacture & install (1) set COLOR SPECIFICATIONS ■ Black - Sign Body/Trim Cap/Vinyl E7328 White Acrylic - Faces METALCRAFT ELECTRIC SIGN COMPANY 2604 Weaver Street, Haltom City, TX 76117 817.838.6808 sales@ metalcraftsignco.com _e e 16.30sgft. Scale: N.T.S. SIGNAGE LOCATION e ©N •Picchi Par-ri—ria W 7th s4 social secudry 13 - Administration® tell Plr,a SIGNAGE LOCATION 43 in kick, u 6 EST.1996 ZZE� 46.5 in DOUBLE -FACE BLADE SIGN 6"D Double -Face Construction -.063" Welded Retum - 3" x 2" x 3/16" Aluminum Tube Internal Framework & Posts 1/2" Welded Aluminum Plate Mounted to wall using (6) 3/8" Galvanized Expansion Anchors 3/16" Cast Acrylic Faces w/ 1" Trim Cap 12V High -Output LED Modules Non -Corrosive Fasteners Anti -Short Pass-Thru Connector 1/4" Weep Holes for Drainage REMOTE DRIVER ENCLOSURE LED Driver Enclosure 12V/60W LED Drivers 18AWG Low Voltage Cable 12AWG THHN Stranded Wire Lockable Service Switch Secured to Wall w/ Non -Corrosive Fasteners Anti -Short Wall Pass-Thru -20A Dedicated Circuit Provided by Others -1 Burke Burnett Park Fritz Lanham Federal Suidmg Fort Mr1h® PROJECT ID: CLIENT: CONTACT: LOCATION: Regulated by The Texas Department of Licensing and Regulation. #230-23 Picchi Pacchi Pizzeria N/A 411 West 7th St., Ste. 105, P.O. Box 12157, Austin, Texas, 78711 Fort Worth, TX 76102 1-800-803-9202, 51 2-463-6599; PROJECT MANAGER: DESIGNER: DRAWING VERSION: website: www.td[r.texas.gov/complaints Michael Jenkins MJ Final UL #E513321 I TSCL #19109 © Copyright 2023 - All contents in this document are the sole Intellectual property of Metalcraft Sign Company LLC and shall not be reproduced or redistributed in part or whole without the written consent of Metalcraft Electric Sign Company LLC. The drawings in this document are for conceptual purposes only. Manufactured product may vary In appearance. LEGAL DESCRIPTION BEING a 40 square foot (0.0009 acre) tract of land situated in the William Bussell Survey, Abstract No. 151, City of Fort Worth, Tarrant County, Texas, and being part of Lot 3R, Block 7, Linwood Addition, an addition to the City of Fort Worth according to the plat recorded in Instrument No. D221087124, Official Public Records, Tarrant County, Texas, said tract being more particularly described as follows: COMMENCING at a 5/8-inch iron rod with cap stamped "KHA" set for the northwest corner of said Lot 3R, from which a 5/8-inch iron rod found for the southwest corner of said Lot 3R, bears South 0°23'58" East, a distance of 110.05 feet; THENCE South 27°26'54" East, a distance of 22.11 feet to the POINT OF BEGINNING; THENCE South 89°46'29" East, a distance of 115.66 feet to a point for corner; THENCE South 0°13'31" West, a distance of 0.53 feet to a point for corner; THENCE North 89°36'02" West, a distance of 115.66 feet to a point for corner; THENCE North 0°23'58" East, a distance of 0.17 feet to the POINT OF BEGINNING and containing 40 square feet or 0.0009 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 encroachment tract. /J�OSHUA D. WARGOr REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6391 801 CHERRY STREET UNIT 11 SUITE 1300 FORT WORTH, TEXAS 76102 PH. 817-335-6511 ENCROACHMENT AREA WILLIAM BUSSELL SURVEY ABSTRACT NO. 151 CITY OF FORT WORTH TARRANT COUNTY, TEXAS Kimlev*Horn 801 Cherry Street, Unit 11, # 1300Tel. No. (817) 335-6511 Fort Worth, Texas 76102 FIRM # 10194040 w w.kimley-horn.com josh.wargo@kimley-horn.com Scale I Drawn by Checked by Date Proiect No. Sheet No. N/A DMD JDW 5/18/2022 061308403 1 OF 3 WARGO, JOSH 5/18/2022 4:29 PM K:\FTW_SURVEY\061308400-LOFTS AT WEISENBERGER\DWG\061308, 03 -LOT 3R B K 7 LINWOOD_EA BALCO Y.DWG rIRSC Z rn Y0ccoo 0 C; 0 0"0 � J N �ip� Iw �00 M N O Z N 0z_U) `o J J Z LOT 4R, BLOCK 11 WEISENBERER ADDITION (INST. NO. D221061210) P.O.C. LOT 3R, BLOCK 7 LINWOOD ADDITION (INST. NO. D221087124) ---------------------- P.0 , B , 5' PRIVATE SIDEWALK WITHIN A PUBLIC NORTH 0 5 10 GRAPHIC SCALE IN FEET 1 M I0 1m J USE EASEMENT INST. NO. D221087124 S89°46'29"E 115.66' �— cn i N89o36'02' 115.66' m I � L 0.0009 ACRES _ 40 SQ. FT. I LINE TABLE m NO. BEARING LENGTH I m --I5' I_ PRIVATE SIDEWALK WITHIN A CA) PUBLIC USE EASEMENT I L1 S00°13'31"W 0.53' I I INST. NO. D221087124 I L2 N00°23'58"E 0.17' ' V5/8" IRF WINGATE STREET LEGEND A 50-FOOT RIGHT-OF-WAY P.O.C. = POINT OF COMMENCING P.O.B. = POINT OF BEGINNING IRSC = 5/8" IRON ROD W/ "KHA" CAP SET NOTES IRFC = IRON ROD FOUND Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (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 encroachment tract. ENCROACHMENT AREA WILLIAM BUSSELL SURVEY OF T ABSTRACT NO. 151 /JOSHUA D. WARGO `�'• �O •''s CITY OF FORT WORTH REGISTERED PROFESSIONAL .*•• •'.. TARRANT COUNTY, TEXAS .........................•. LAND SURVEYOR NO. 6391 JOSHUA D. WARGO 801 CHERRY STREET ••::•A •••6391••••.. UNIT 11 SUITE 1300 �••;p� ��P:� Kimlev*Horn FORT WORTH, TEXAS 76102 9 FE S S� .•• o PH. 817-335-6511 N�•••S U•R v Ey Fort Worth w Texas eet, Unit 11, # 130 xas 76102 FIRM # 10194040 w.ki0 At Tel. mey-ho nxorn josh.wargo@kimley-horn.com Scale I Drawn by Checked by Date Proiect No. Sheet No. 1" = 10' DMD JDW 5/18/2022 061308043 2 OF 3 WARGO, JOSH 5/18/2022 4:29 PM K:\FTW_SURVEY\061308400-LOFTS AT WEISENBERGER\DWG\061308, 03 -LOT 3R B K 7 LINWOOD_EA BALCO Y.DWG NORTH 0 5 10 GRAPHIC SCALE IN FEET LOT 4R, BLOCK 11 WEISENBERER ADDITION ' (INST. NO. D221061210) DI LOT 6, BLOCK 11 WEISENBERGER ADDITION (VOL. 388-A, PG. 120) LOT 3R, BLOCK 7 = LINWOOD ADDITION r I (INST. NO. D221087124) z Im m 5' PRIVATE SIDEWALK WITHIN A PUBLIC m USE EASEMENT INST. NO. D221087124 = N89036'02"W 115.66' m mI 0.0009 ACRES- 40 SQ. FT. S89°46'29"E 115.66' 8-- LINE TABLE NO. BEARING LENGTH L1 S00°13'31"W 0.53' L2 N00°23'58"E 0.17' ENCROACHMENT AREA WILLIAM BUSSELL SURVEY ABSTRACT NO. 151 CITY OF FORT WORTH TARRANT COUNTY, TEXAS Kimlev)))Horn 801 Cherry Street, Unit 11, # 1300Tel. No. (817) 335-6511 Fort Worth, Texas 76102 FIRM # 10194040 w w.kimley-horn.com Scale I Drawn by Checked by Date Proiect No. Sheet No. 1" = 10' DMD JDW 5/18/2022 061308403 3 OF 3 WARGO, JOSH 5/18/2022 4:29 PM K:\FTW_SURVEY\061308400-LOFTS AT WEISENBERGER\DWG\061308, 03 -LOT 3R B K 7 LINWOOD_EA BALCO Y.DWG EXHIBIT B Certificate of Insurance Tier I ROW Encroachment Agreement Page 12 of 12 Revised 12/2022