HomeMy WebLinkAboutContract 60128Date Received: 9/19/2023
Time Received: 9:47 a.m.
Record Number: PN22-00210
City Secretary No.: 60128
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, its duly designated Assistant
City Manager or Planning and Development Director, and FORT WORTH HOUSING
FINANCE CORPORATION, a Texas housing finance corporation ("Fee Owner"), and
PALLADIUM OAK GROVE, LTD, a Texas limited partnership ("Ground Lessee").
RECITALS
WHEREAS, Fee Owner is the owner of certain real property located at 1000 Oak
Grove Road, Fort Worth, Texas 76240, as recorded in the Tarrant County Deed records
under Instrument Number D222293273 (the "Property"); and
WHEREAS, Ground Lessee is the owner of the leasehold estate in the Property
pursuant to that certain Ground Lease executed by and between Fee Owner, as landlord,
and Ground Lessee, as tenant, a memorandum of which shall be recorded
contemporaneously herewith in the Deed Records of Tarrant County, Texas;
WHEREAS, the City owns a sanitary sewer main and drainage easement on the
Property that are both recorded in the deed records of Tarrant County, Volume
12188, page 177, and in the plat records under plat number FS-22-308
(collectively, the "Easement"); and
WHEREAS, Ground Lessee desires to construct/place and maintain certain
improvements which will encroach onto the Easement; and
WHEREAS, City will allow the encroachment under the terms and conditions as
set forth in this Agreement to accommodate the needs of the Ground Lessee,
NOW, THEREFORE, the City, Fee Owner and Ground Lessee agree as follows:
AGREEMENT
1.
City, in consideration of the payment by the Ground Lessee of the fee set out
below in Section 4 and covenants and agreements hereinafter contained, to be kept and
performed by Ground Lessee, hereby grants permission to Fee Owner and Ground Lessee
to encroach upon and occupy a portion of the City's Easement for the purpose of
Tier I1 Easement Encroachment Agreement
OFFICIAL RECORD Page 1 of 13
CITY SECRETARY Revised 12/2022
4877-3659-2753.v 1
FT. WORTH, TX
constructing, installing, and maintaining a private retaining wall, private fences and a
private sanitary sewer line (collectively, the_ "Encroachment") as described in and at the
location shown on Exhibit "A" but only to the extent shown thereon. Upon completion
of the Encroachment, Ground Lessee agrees to be responsible for maintaining the
Encroachment within and above the Easement. Neither Fee Owner nor Ground Lessee
shall expand or otherwise cause the Encroachment to further infringe in or on City's
Easement beyond what is specifically described in the Exhibit(s) attached hereto.
2.
All construction, installation, maintenance, and operation of the Encroachment
and the use or occupancy of the Easement 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, Ground Lessee
shall submit all plans and specifications to the Director of the Development Services
Department or duly authorized representative. Ground Lessee shall not commence
construction or installation of the Encroachment nor make any use of the Public Property
until after the execution of this Agreement.
0
Ground Lessee, 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, Ground Lessee 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.
Fee Owner and Ground Lessee agree 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 13
Revised 12/2022
4877-3659-2753.v1
5.
Upon termination of this Agreement, Ground Lessee 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 Ground Lessee that if this Agreement terminates and Ground Lessee 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.
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 Fee Owner's or Ground Lessee's noncompliance with any of the terms
of this Agreement. City shall notify Fee Owner or Ground Lessee in writing of any such
noncompliance and if such noncompliance is not cured 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 Fee Owner or Ground Lessee
has taken reasonable measures to cure the noncompliance or is continuing to diligently
attempt to remedy the noncompliance.
7.
It is further understood and agreed between the parties hereto that the Public
Property to be used and encroached upon is held by City as trustee for the public; that
City exercises such powers over the Public Property as have been delegated to it by the
Constitution of the State of Texas or by the Texas Legislature; and that City cannot
contract away its duty and its legislative power to control the Public Property for the use
and benefit of the public. It is accordingly agreed that if the governing body of City may
at any time during the term hereof determine in its sole discretion to use or cause or
permit the Public Property to be used for any other public purpose, including but not
being limited to underground, surface, or overhead communication, drainage, sanitary
sewerage, transmission of natural gas or electricity, or any other public purpose, whether
presently contemplated or not, that the parties agree to negotiate in good faith in order to
accommodate both the Encroachment and the public purpose.
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Revised 12/2022
4877-3659-2753.v1
8.
GROUND LESSEE 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 GROUND LESSEE HEREBY ASSUMES ALL LIABILITY
AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. GROUND LESSEE
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 GROUND
LESSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES.
10.
While this Agreement is in effect, Ground Lessee 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. Ground Lessee 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 Ground Lessee's contractors and
subcontractors.
Tier II Easement Encroachment Agreement Page 4 of 13
Revised 12/2022
4877-3659-2753.v 1
11.
Ground Lessee 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.
Ground Lessee 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.
Ground Lessee 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.
Ground Lessee 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 Ground Lessee 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 Ground Lessee, its
officers, agents, servants, employees, contractors, and subcontractors, and nothing herein
shall be construed as creating a partnership or joint enterprise between City and Ground
Lessee.
15.
Fee Owner and Ground Lessee agree and acknowledge that this Agreement is
solely for the purpose of permitting Fee Owner and Ground Lessee 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.
Tier II Easement Encroachment Agreement Page 5 of 13
Revised 12/2022
4877-3659-2753.v1
Ground Lessee 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
Ground Lessee, 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.
Fee Owner and Ground Lessee covenant and agree that it will not assign all or
any of their respective 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 Fee Owner conveys the Property, Fee Owner may assign all of
its rights and obligations under this Agreement to the new owner of the Property. In the
event Ground Lessee conveys the leasehold estate to the Property, Ground Lessee may
assign all of its rights and obligations under this Agreement to the new owner of the
leasehold estate to the Property, and Ground Lessee 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 conditions or withheld. Foreclosure by a
secured lender of Fee Owner or Ground Lessee or assignment to a secured lender by Fee
Owner or Ground Lessee in the event of default or otherwise shall not require City
approvalprovided that said lender notifies City in writing within sixty (60) days of such
foreclosure or assignment and assumes all of Fee Owner's or Ground Lessee's rights and
obligations hereunder. However, no change of ownership due to foreclosure or
assignment to any secured lender of Fee Owner or Ground Lessee 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.
Tier II Easement Encroachment Agreement
Page 6 of 13
Revised 12/2022
4877-3659-2753.v1
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 II Easement Encroachment Agreement
4877-3659-2753.v1
Page 7 of 13
Revised 12/2022
City:
CITY OF FORT WORTH
DJ Harrell (Sep 18, 202312:09 CDT)
By:
D.J. Harrell, Director of the
Development Services Department
Date: Sep 18, 2023
Fee Owner:
Fort Worth Housing Finance Corporation,
a Texas public nonprofit housing finance
corporation
a�'7By:
Victor T. Turner, Assistant General
Manager of the Fort Worth Housing
Finance Corporation
Date: At, i J� 11,
'-X a-3
[add signature block for Palladium as Ground Lessee
4g44Upnnn
�pF FORt�da
ATTEST: °° ° 0�9���
Approved As To Form and Legality
�00
�,� � � adb nExagppp
Jannette Goodall,
City Secretary
Date: Sep 19, 2023
Jeremy Anato-Mensah
Assistant City Attorney
Sep 14, 2023
Date:
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 (Sep 14, 202317:12 CDT)
Rebecca Owen
Development Services
Date: Sep 14 2023
Tier II Easement Encroachment Agreement
4877-3659-2753.v1
OFFICIAL RECORD Page 8 of 13
CITY SECRETARY Revised 12/2022
FT. WORTH, TX
6Lh" N Mel 611 tali A OLU:461 Y 1k, �OLIJ:aI VAIJ to N-, Eli W W to DR&I puj�Lnam
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 18th day of
September 12023
WendLDigitally signed by
Y� Wendy L. Beardslee
Beardslee Date:2023.09.18
12:29:55-05'00'
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
o�PRYP�eG WENDY L BEARDSLEE
z Notary Public
* * STATE OF TEXAS
GV Notary I.D. 13323719-3
9�OF My Comm. Exp. July 28, 2025 '
Tier II Easement Encroachment Agreement
4877-3659-2753.v1
Page 9 of 13
Revised 12/2022
GROUND LESSEE:
PALLADIUM OAK GROVE, LTD.,
a Texas limited partnership
By: PFW Oak Grove GP, LLC,
a Texas limited liability company, its general partner
By: Fort Worth Housing Finance Corporation, a Texas public nonprofit
housing finance corporation, its managing member
By:
Gll��1-L-
Victor T. Turner
Assistant General Manager for the
Fort Worth Housing Finance Corporation
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 Victor T. Turner, Assistant General Manager
of the Fort Worth Housing Finance Corporation, 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 Fort Worth Housing Finance Corporation, a Texas public
nonprofit housing finance corporation, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this // / day of Akc,":f-r
20 23
Notary Public in and for the
State of h';io-!
*4h,o
a
CELESTE MACKLIN
Notary ID #132996882
My Commission Expires -
March 24, 2025
Tier II Easement Encroachment Agreement
4877-3659-2753.v1
Page 10 of 13
Revised 12/2022
GROUND LESSEE:
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 Victor T. Turner, Assistant General Manager
of the Fort Worth Housing Finance Corporation, 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 Fort Worth Housing Finance Corporation, a Texas public
nonprofit housing finance corporation, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this // M— day of /4U91,W31�
20Z 3 .
dh
CELESTE MACKLIN
Notary ID #132996882
My Commission Expires
''toF March 24, 2025
Notary Public in and for the
State of -7jrt 4.5
Tier I1 Easement Encroachment Agreement
Page 11 of 13
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4877-3659-2753.v1
EXHIBIT A
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement
4877-3659-2753.v1
Page 12 of 13
Revised 12/2022
FoRTWORTH
MATTIE PARKER
MAYOR
DAVID COOKE
CITY MANAGER
MICHAEL OWEN, P.E.
CITY ENGINEER, TRANSPORTATION
AND PUBLIC WORKS DEPARTMENT
CHRISTOPHER P. HARDER, P.E.
DIRECTOR, WATER DEPARTMENT
THE CITY OF FORT WORTH, TEXAS
PLANS FOR THE CONSTRUCTION OF
WATER, PAVING, DRAINAGE &
STREET LIGHT IMPROVEMENTS
TO SERVE
PALLADIUM OAK GROVE
PALLADUIM OAK GROVE ADDITION
LOT 1, BLOCK 1
LOTS 1 & 2, BLOCK 2
LOCATION MAP
N.T.S.
MAPSCO NO. 77Z &78W ' 2
COUNCIL DISTRICT 8
947 0
tN4=b_
OWNED BY: FEBRUARY 2023
IPRC RECORD NO. IPRC22-0146 PLAZA TIERRA CALIENTE, INC.
CITY PROJECT NO. 104281 RT WORTH, OAK TEXOVEAS
ROAD
FORT WORTH, TEXAS 76115
FID NO. 30114-0200431-104281-EO7685 DEVELOPED BY: PREPARED BY:
FILE NO. W-2862 PALLADIUM OAK GROVE, LTD. CROSS ENGINEERING CONSULTANTS
13455 NOEL ROAD, SUITE 400 TEXAS BOARD OF PROFESSIONAL ENGINEERS REGISTRATION NO. F-5935
DALLAS, TEXAS 75240 1720 W. VIRGINIA STREET
MCKINNEV, TEXAS 75069
PH: 972.562.44D9
FAX 972.562.4471
X- 27464
CURRENT CONSTRUCTION STANDARDS FOR
DEVELOPMENTS O3 11=2 SHALL GOVERN ON
THIS PROJECT.
SHEETINDEX
SHEET NO.
DESCRIPTION
Ct
COVER SHEET
C2
HDRRONTAL CONTROL PLAN
0
CA
GENERAL NOTESI
GENERAL NOTES
CS
C6
UNIT IWATER IMPROVEMENTS
OVERALL UTIINV LAYWT
WATER PUN
C7
CS
WATER PLAN
SANITARYSEWER PIANSPROPILE
C9
C10
FORT NORTH WATER DETAILS
FORT VARTH WATER DETAILS
UNIT 11' PAVING IMPROVEMENTS
C11
DEMOLITION PLAN
C12
C1E
EROSbNCONTROLPIAN
EROSGN CONTROLDETAILS
C1A
PAVWG FLAN
C15
C16
PAVMGRIN
TRAFFICOONTROLPLAN
C17
CIS
UTILITY TRAFFIC CONTROL PIANI
UTILTT TRAFFICCONTROLPIAN2
CIS
UTILITY TRAFFIC CONTROL PLANS
C20
C21
UTILITY TRAFFIC CONTROL PLANA
LIGHTING TRAFFIC CONTROL PLAN
C22
—
LGHTWG PUN
LGHTMG PUN
04
LGHTWG DETAILS
OS
C26
LGHTWG DETAILS
CONSTRUCTION DETAILS
C27
CONSTRUCTION DETAILS
C2E
.S
STORM SEWERPIAN
STORM SEV FPROFILE
0E
01
STORMSI—RCALCU—IONS
STORM SEWER DETAILS
02
C]l
E DRAINAGE AREA MAP
DRAINAGE AREA MAP
CSa
SIDEWALH GRAOWG PUN
05
SGEWAU(GRAO.G PUN
C36
UNIT III: INCLUDED IN SET FOR REFERENCF_ONL Y
FLOOOPIAIN RECLAMATION
CG
CSS
GRAOINGPLAN
GRADING PI -AN
u¢Wr¢7,mm Jr. ae Feb 14, 2023
DIRECTOR'S DESIGNEE FOR CONSTRUCTION DATE:
PLAN APPROVAL
RESOLUTION NO. 01-10-2020
naruer,.mavc Feb 14, 2023
REVIEWED: DATE:
PROJECT MANAGER
X- 27464
0
G
0
,r✓�� Parcel 13
/ Sanitary Sewer M-195A
LEGAL LOUIS COHEN SURVEY Project Name:
DESCRIPTION Abstract No. 290 Group 3 Contract 5
Sewer Rehabilitation Project
Project No.
PS46-070460410130
_ PERMANENT UTILITY EASEMENT
That I (we), Cowtown Posse hereinafter referred to as "Grantor", of Tarrant County,
for and in consideration of one Dollar ($1.00) and other valuable consideration paid by
the City of Fort Worth, a municipal corporation of Tarrant County, Texas, receipt of
which is hereby acknowledged, do grant, bargain, and convey unto said City, its
successors and assigns, the use and passage in and along the following parcel or tract
of land situated in Tarrant County, Texas, in accordance with Exhibit "A" hereto
attached, to -wit:
PERMANENT UTILITY EASEMENT
(See attached Exhibits A and B)
It is further agreed and understood that the City of Fort Worth will be permitted
the use of the above described property, save and except areas occupied by existing
structures, for the purpose of the construction of the said sanitary sewer main.
TO HAVE AND TO HOLD the above described premises, together with all and
singular, the rights and appurtenances thereto in anywise belonging, unto the said City
of Fort Worth, its successors and assigns, forever. And I do hereby bind myself, my
heirs, successors and assigns, to warrant and forever defend, all the singular, the said
premises unto said City of Fort Worth, its successors and assigns, against every person
whomsoever lawfully claiming or to claim the same or any part thereof.
It is intended by these presents to convey a right-of-way to the said City of
Fort Worth to construct the described improvements, with the usual rights of ingress
and egress in the necessary use of such right-of-way, in and along said premises.
W ITNESSETH nd(s) this, the �`' day of
rlA.D. 19 1 %
n 7 /
IN CONSIDERATION FDR GRANTING TIUS EASE"IEr\-r THE CITY OF FORT WOR`I'.-1 AGREES TO PAY
ONE THOUSAND EIGHT u*Li-mS & 61;1Q01. � (51008.63) `ICE CCM70WN POSSE.
11 ,
The State ,of Texas §
County of Tarrant §
Before me Juanita W. Cowart , a Notary Publ-,. in and for Tarrant
County, Texas, on this day personally appeared -F.%._Witty-- L.B_. B_ledsue, Jr.
of a _ _ _ _ known to me to be the
/_l person whose name is subscribed to the foregoing instrument and acknowledged to me
that he executed the same in the capacity indicated, as the act and deed of said joint
venture, and for the purposes and consideration therein expressed.
Gitien under my hand and seal of office, this , 30th day of -November
A.D., 199 5- - ----
Notary Public in and for Tarrant County. Texas
.Li ,... Jays----_-..v._--��•c .,�: .
J
ri
(3
EXHIBIT A
PERMANENT UTILITY EASEMENT
Being a strip of land twenty (20) feet wide within which to
construct and/or repair a sanitary sewer main over, across, and
below a part of the Louis Cohen Survey, Abstract No. 290, situated
in the City of Fort Worth in Tarrant County, Texas; and embracing
a portion of the tract described in the deed to Cowtown Posse
recorded in volume 2361, page 383 of the Deed Records of Tarrant
County.
Commencing at a 1/2" iron found for the northwest corner of the
tract described in the deed to C. C. Crawford recorded in volume
7752, page 2221 of the said Deed Records, in the south line of said
Cowtown Posse tract; and then run south 83 degrees-19 minutes-07
seconds east along the south line of said Cowtown Posse tract and
the North line of said Crawford tract, 303-37/100 feet to the place
of '---ginning of the tract being described.
Thence north 15 degrees-=8 minutes-20 seconds east 360-38/100 feet
to the south line of Cal, Grove Road.
Thence south 65 degrees-35 minutes-07 seconds east, along the said
south line of oak Grove Road, 20-25/100 feet.
Thence south 15 degrees-28 minutes-20 seconds west 354-14/100 feet
to the said south line of Cowtown Posse and the said north line of
Crawford tract.
Thence north 83 degrees-19 minutes-07 seconds west, along the said
south line of Cowtown Posse tract and the said north line of
Crawford tract, 20-24/100 feet to the place of beginning and
containing 7,145 square feet (0-164/1000 of an acre) of area.
t
.c
BILL WARNER, LAND AGENT
CITY OF FORT WORTH
REAL PROPERTY MANAGEMENT
_ 927 TAYLOR 1
FORT WORTH, TEXAS 78102
i
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41-4 —�7 _ E. Seminary Dr.
E. Felix Ste_
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3 SUBJECT
AREA
0 500 1000 1500 LOCATION MAP
1" = 1000'
GRAPHIC SCALE
1 "=1000'
CPN 104281
MAPSCO NO. 77Z & 78W
EXHIBIT A: VICINITY MAP
DEVELOPER: PALLADIUM OAK GROVE ENGINEER*
Palladium Oak Grove, Ltd. Cross Engineering Consultants, Inc.
13455 Noel Road, Suite 400 DECEMBER 2022
Dallas, Texas 75240 172W. Virginia
McKinneyy, , Texas 75069
` CROSS
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Ceb.R. 351g
P.R.T.C.. 3519
P.A.C.T.
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107 2. BLOCK I
:ROSSROADS PAAU,Y CHURCH ADUHON
Ceb.D. Slide 3519
P.R.T.C.T.
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D.R.i.C.T.
EXHIBIT A: SITE PLAN
DEVELOPER: PALLADIUM OAK GROVE ENGINEER:
Palladium Oak Grove Ltd. CPN #104281, DECEMBER 2022 Cross Engineering Consultants, Inc.
13455 Noel Road, Suite 400 1720 W. Virginia
Dallas, Texas 75240 McKinney, Texas 75069
CROSSIINGWEFRING
CONSUL ANIS,Inc,
OVERALL ENCROACHMENT LAYOUT
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TRACTS 1 & 2
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APPROXIMATE LIMPS OF 'ZONE AE" (.
OF THE 100 YEAR FLOODPLAIN ACCOF
FEMA MAP No. 48439CO315L
DATED MARCH 2, 2019
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PLAZA TIERRA C�LI'NT , INC.
(Parcel 2 — Tract 2)
Doc. No. D220269504
D.R.T.C.T. I r
LL HORSE
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TRACT 2 d '
152 Sq.'Feet %
0.003 Aces
co, J CITY OF FORT WORTH
20 PERMANENT
UTILITY EASEMENT
i " I Vol. 12188, Pg. 177
P.O.B.
ZERMENO PROPERTIES
CORPORATION
Called 8.176 Acres
Doc. No. D217238210
D.R.T.C.T.
TRACT 1
9,046 Sq. Feet
0.208 Acres
- enc.
, ,• ' . _.- _ _-... _ - LOT 6
SOUTHSIDE INDUSTRIAL
-_4��
ADDITION - -
Cab. A, Slide 3046 `
P.R.T.C.T. ' -.,
)))) CITY OF FORT WORTH
20' PERMANENT
�• UTILITY EASEMENT
• 'r.. ,-.�„ , ,Vol. 12135, R T.0 Tg. 868
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lift- I I
E.. J I ry — EXHIBIT A
PAGE 1 OF 7
CITY OF
E. Felix St- FORT ENCROACHMENT
WORTH TRACTS 1 & 2
SUBJECT AREA �hdye 9,046 Sq. Ft./0.208 Acres
rt & TRACT 2
152 Sq. Ft./0.003
S ai�PCE Zo situated in
Louis Cohen Survey, A-290
City of Fort Worth, Tarrant County, Texas
LO
M N
E. Altamesa Blvd.
RINGLEY & ASSOCIATES INC.
SURVEYING- MAPPING- PLANNING
Z Texas Firm Registration No. 10081300
701 S. Tennessee - McKinney, Texas 75069
s (972) 542-1266
Drawn by Date Scale
LOCATION MAP .4&� Akd I 04/05/2023 I N.T.S.
Not To Scale Job Title Sheet.
2021-042 2021-042—EX—ENC.DWG 1 of 7
EXHIBIT A
Page 2 of 7
TRACT 1
VARIABLE WIDTH RETAINING
WALL ENCROACHMENT
9,046 Sq. Ft./0.208 Acres
Plaza Tierra Caliente, Inc.
Louis Cohen Survey, Abstract No. 290
City of Fort Worth, Tarrant County, Texas
BEING a 0.208 acre strip of land situated in the City of Fort Worth, in the Louis Cohen Survey,
Abstract No. 290 of Tarrant County, Texas and being a part of that certain tract of land
described as "Parcel 2 — Tract 2" in a Special Warranty Deed With Vendor's Lien to Plaza
Tierra Caliente, Inc., dated September 26, 2020 and recorded in Document No. D220269504,
Deed Records, Tarrant County, Texas (D.R.T.C.T.) and said strip of land being more
particularly described by metes & bounds as follows:
COMMENCING at a 1/2 inch iron rod found (controlling monument) for the southwest corner
of the above described Parcel 2- Tract 2, on the north line of that certain called 8.176 acre tract
described in a deed to Zermeno Properties Corporation, recorded in Document No.
D217238210, D.R.T.C.T. and said point also being the southeast corner of Block 1 of
Crossroads Family Church Addition, an addition to the City of Fort Worth, according to the plat
thereof, recorded in Cabinet B, Slide 3519, Plat Records, Tarrant County, Texas (P.R.T.C.T.);
THENCE: South 83 deg. 29 min. 10 sec. East, along the common line of said Tract 2 and said
Zermeno Properties tract, a distance of 250.17 feet to the POINT OF BEGINNING;
THENCE: Departing from said common line, over & across said Tierra Caliente Tract 2 as
follows:
North 05 deg. 20 min. 01 sec. East, a distance of 16.01 feet to a point for corner;
South 83 deg. 30 min. 35 sec. East, a distance of 69.77 feet to a point for corner;
North 06 deg. 37 min. 44 sec. East, a distance of 18.46 feet to a point for corner;
South 83 deg. 34 min. 17 sec. East, a distance of 35.93 feet to a point for corner;
South 06 deg. 23 min. 48 sec. West, a distance of 18.54 feet to a point for corner;
South 83 deg. 29 min. 10 sec. East, a distance of 195.09 feet to a point for corner;
North 61 deg. 19 min. 06 sec. East, a distance of 21.99 feet to a point for corner;
North 00 deg. 27 min. 15 sec. West, a distance of 209.85 feet to a point for corner;
North 89 deg. 32 min. 45 sec. East, a distance of 15.00 feet to a point for corner;
South 00 deg. 27 min. 15 sec. East, a distance of 218.82 feet to a point for corner;
South 61 deg. 19 min. 06 sec. West, a distance of 37.45 feet to a point for corner on the
south line of said Tierra Caliente Tract 2 and same being the north line of Lot 6 of Southside
Industrial Addition, an addition to the City of Fort Worth, according to the plat thereof,
recorded in Cabinet A, Slide 3046, P.R.T.C.T.;
THENCE: North 83 deg. 29 min. 10 sec. West, along the common line of said Tract 2 and said
Lot 6, at a distance of a distance of 206.17 feet, passing the northwest corner of said Lot 6 and
the northeast corner of the above described 8.176 acre Zermeno Properties Corporation tract,
and continuing along the common line of said Tract 2 and said Zermeno tract for a total
distance of 213.40 feet to a point for corner;
THENCE: North 06 deg. 23 min. 48 sec. East, departing from said common line, over & across
said Tract 2, a distance of 19.52 feet to a point for corner;
THENCE: North 83 deg. 34 min. 17 sec. West, continuing across said Tract 2, a distance of
5.99 feet to a point for corner;
THENCE: South 06 deg. 37 min. 44 sec. West, continuing across said Tract 2, a distance of
19.51 feet to a point for corner on the south line of said Tract 2 and the north line of said
Zermeno tract;
THENCE: North 83 deg. 29 min. 10 sec. West, along the common line of said Tract 2 and said
Zermeno tract, a distance of 84.41 feet to the POINT OF BEGINNING and containing 9,046
square feet or 0.208 acres of land.
Note:
The bearings shown hereon are geodetic and were derived from GPS observations and measurements
from City of Fort Worth Control Monument "COF #6809" and referenced to the Texas State Plane
Coordinate System, NAD 83, North Central Zone (4202).
An Easement Exhibit of equal date accompanies this metes & bounds description.
Prepared Under My Hand & Seal,
This 5th Day of April, 2023.
Lawrence H. Ringley, R.P.L.S.
State of Texas, No. 4701
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Scale: 1"=50'
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I
TRACT 1
I 9,046 Sq. Feet
e 0.208 Acres
f L2
X
PLAZA TIERRA CALIENTE, INC. i
(Parcel 2 — Tract 2)
Doc. No. D220269504 ;
D.R.T.C.T.
TRACT 1
— 9,046 Sq. Feet
0.208 Acres
CIDQr ma 0. In. X .^
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rn a. 83 2910 E, ;<
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Pole Barn i
Pf I-. � • I (Failing Down)
ZERMENO PROPERTIES CORPORATION
Called 8.176 Acres
Doc. No. D217238210
D.R.T.C.T. i
LINE TABLE
I METAL
( HORSE STALL
WOOD
HORSE STALL
WOOD
19=o= , NORSE STALL t
J, � - Y
IV
83029'10" 4r _ 213. p .
LOT 6
-SOUTHSIDE INDUSTRIAL ADDITION
Cab. A, Slide 3046
P.R.T.C.T.
I LINE
BEARING
DISTANCE
L1
N
05'20'01" E
16.01'
1 L2
S
83'30'35" E
69.77' I
1 L3
N
06'37'44" E
18.46' I
1 L4
S
83'34'17" E
35.93'
L5
S
06'23'48" W
18.54'
L6
N
61'19'06" E
21.99' I
I L7
N
89'32"45" E
15.00' 1
��G�STF��s
I L8
S
61'19'06" W
37.45' 1
��
I L9
N
06'23'48" E
19.52' I
H--- --- HHH»H:fHH.flffff
I L10
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83*34'17" W
5.99' 1
L. H. RINGLU
I L11
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06*37*44" W
19.51' 1
HiHNHf ffNHfHH/1HfHf.ff H
►° 4701
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I L12
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83-29'10" W
84.41' 1
ABBREVIATIONS:
�Y ••.Fs s»\ f�.;`�O.�l
P.O.C. = Point Of Commencement
P.O.B. = Point Of Beginning
Inst. No. = Instrument Number
Vol. = Volume
Pg. = Page
D.R.T.C.T. = Deed Records, Tarrant County, Texas
P.R.T.C.T. = Plat Records, Tarrant County, Texas
CM = Controlling Monument
IRF = 1/2" Iron Rod Found
CIRF = 1/2" Iron Rod Set, topped with red plastic cap, stamped "RPLS 4701"
REFERENCE BEARING:
The bearings shown hereon are geodetic and were derived from GPS observations
and measurements from City of Fort Worth Control Monument "COF #6809" and
referenced to the Texas State Plane Coordinate System, NAD 83, North Central
Zone (4202).
A metes & bounds description of equal date accompanies this Easement Exhibit.
EXHIBIT A
PAGE 4 OF 7
L�
ENCROACHMENT
TRACT 1
9,048 Sq. Ft./O.208 Acres
situated in
Louis Cohen Survey, A-290
City of Fort Worth, Tarrant County, Texas
x
RINGLEY & ASSOCIATES, INC.
SURVEYING. MAPPING- PLANNING
Texas Firm Regfstratlon No. 10061300
701 S. Tennessee — McKlnney, Texas 75069
S (972) 542-1266
Drawn by Date Scale
.6d 04/05/2023 1" = 50'
Job Title Sheet.
2021-042 2021-042—EX—WALL. DWG 4 of 7
EXHIBIT A
Page 5 of 7
TRACT 2
VARIABLE WIDTH UTILITY
EASEMENT ENCROACHMENT
152 Sq. Ft./0.003 Acres
Plaza Tierra Caliente, Inc.
Louis Cohen Survey, Abstract No. 290
City of Fort Worth, Tarrant County, Texas
BEING a 152 square foot strip of land situated in the City of Fort Worth, in the Louis Cohen
Survey, Abstract No. 290 of Tarrant County, Texas and being a part of that certain tract of land
described as "Parcel 2 — Tract 2" in a Special Warranty Deed With Vendor's Lien to Plaza
Tierra Caliente, Inc., dated September 26, 2020 and recorded in Document No. D220269504,
Deed Records, Tarrant County, Texas (D.R.T.C.T.) and said strip of land being more
particularly described by metes & bounds as follows:
COMMENCING at a 1/2 inch iron rod found (controlling monument) for the southwest corner
of the above described Parcel 2- Tract 2, on the north line of that certain called 8.176 acre tract
described in a deed to Zermeno Properties Corporation, recorded in Document No.
D217238210, D.R.T.C.T. and said point also being the southeast corner of Block 1 of
Crossroads Family Church Addition, an addition to the City of Fort Worth, according to the plat
thereof, recorded in Cabinet B, Slide 3519, Plat Records, Tarrant County, Texas (P.R.T.C.T.);
THENCE: South 83 deg. 29 min. 10 sec. East, along the common line of said Tract 2 and said
Zermeno Properties tract, at a distance of 347.88 feet, passing the northeast corner of said
Zermeno Properties tract and same being the northwest corner of Lot 6 of Southside Industrial
Addition, an addition to the City of Fort Worth, according to the plat thereof, recorded in
Cabinet A, Slide 3046, P.R.T.C.T. and continuing along the common line of said Tract 2 and
said Lot 6 for a total distance of 648.84 feet to a point at the intersection of the south line of
said Tract 2 and the westerly line of a 20' wide permanent City of Fort Worth Utility Easement,
recorded in Volume 12188, Page 177, D.R.T.C.T.;
THENCE: North 15 deg. 28 min. 20 sec. East, departing from said common line, over & across
said Tierra Caliente Tract 2 and along the west line of said 20' wide permanent City of Fort
Worth Utility Easement, a distance of 197.79 feet to the POINT OF BEGINNING;
THENCE: North 15 deg. 28 min. 20 sec. East, continuing across said Tract 2 and along the
west line of said easement, a distance of 15.19 feet to a point for the northwest corner of this
hereinafter described strip of land;
THENCE: South 83 deg. 29 min. 09 sec. East, departing the west line of said easement, over &
across said Tract 2 and said easement, a distance of 10.12 feet to a point for the northeast corner
of this strip of land;
THENCE: South 15 deg. 28 min. 20 sec. West, continuing across said Tract 2 and said
easement, a distance of 15.19 feet to a point for the southeast corner of this strip of land;
THENCE: North 83 deg. 29 min. 09 sec. West, continuing across said Tract 2 and said
easement, a distance of 10.12 feet to the POINT OF BEGINNING and containing 152 square
feet or 0.003 acres of land.
Note:
The bearings shown hereon are geodetic and were derived from GPS observations and measurements
from City of Fort Worth Control Monument "COF #6809" and referenced to the Texas State Plane
Coordinate System, NAD 83, North Central Zone (4202).
An Easement Exhibit of equal date accompanies this metes & bounds description.
Prepared Under My Hand & Seal,
This P Day of April, 2023.
Lawrence H. Rin ey, R.P.L.S.
State of Texas, No. 4701
OF
��,��G ` s r eRFo•.
►...L. H... RINGLET:►.►.
�►.,.p 4701 Ira l
PLAZA TIERRA CALIENTE, INC. I /
(Parcel 2 — Tract 2) /
Doc. No. D220269504
D.R.T.C.T. l / CITY OF FORT WORTH
\ 20' PERMANENT
/ UTILITY EASEMENT
/ Vol. 12188, Pg. 177
D.R.T.C.T.
1 / Lz l
TRACT 2 a''""0
152 Sq. Feet
0.003 Acres At oD
AN
/
a i/
P.o.B.' L4
11. / o^
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77—
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l
LINE TABLE
I LINE BEARING DISTANCE I
L1 N 15'28'20" E 15.19'
I 0�
L2 S 83'29'09" E 10.12'
I L3 S 15'28'20" W 15.19' I �4'»��STfRF•.
I L4 N 83'29'09" W 10.12' I �j`►� a`���
iffflffH - fffifff►-MfNHfANfHA
L. H.fN RINGLEY
►HfNfffffN
4701
ABBREVIATIONS:o
QA*-"•E,5 S uOf:
P.O.C. =Point Of Commencement
P.O.B. = Point Of Beginning
Inst. No. = Instrument Number
Vol. =Volume
Pg. =Page
D.R.T.C.T. = Deed Records, Tarrant County, Texas
P.R.T.C.T. = Plat Records, Tarrant County, Texas
CM = Controlling Monument
IRF = 1/2" Iron Rod Found
CIRF = 1/2" Iron Rod Set, topped with red plastic cap,
stamped "RPLS 4701"
REFERENCE BEARING:
The bearings shown hereon are geodetic and were derived from GPS
observations and measurements from City of Fort Worth Control
Monument "COF #6809" and referenced to the Texas State Plane
Coordinate System, NAD 83, North Central Zone (4202).
A metes & bounds description of equal date accompanies this
Easement Exhibit.
EXHIBIT A
PAGE 7 OF 7
N
I
Scale: 1"=20'
ENCROACHMENT
TRACT 2
152 Sq. Ft./0.003
situated in
Louis Cohen Survey, A-290
City of Fort Worth, Tarrant County, Texas
x
RINGLEY & ASSOCIATES, INC.
SURVEYING. MAPPING- PLANNING
Texas Firm Registration No. 10061300
701 S Tennessee — McKlnney, Texas 75069
S (972) 542-1266
Drawn by Date Scale
,0&4 Ala 04/05/2023 1" = 20'
Job Title I Sheet.
2021-042 2021-042—EX— WALL. DWG 7 of 7
I
C
0
4
Scale; 1"=50'
If
j
EXHIBIT C
-DEVELOPER: ENCROACHMENT TRACT#1 ENGINEER:
Palladium Oak Grove Ltd. PALLADIUM OAK GROVE Cross Engineering Consultants, Inc.
13455 Noel Road, Suite 400 1720 W. Virginia
Dallas, Texas 75240 CPN #104281, DECEMBER 2022 McKinney, Texas 75069
ICROSS EISIGMEERING
CONSULTAN", Inc.
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EXISTING 20 SANITARY
SEWER EASEMENT
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IPROPOSED\
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SS LINE
ENCROACHMENT
AREA
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Scale:1 °=20'
EXHIBIT C
DEVELOPER: ENCROACHMENT TRACT #2 ENGINEER:
Palladium oak Grove Ltd. PALLADIUM OAK GROVE Cross Engineering Consultants, Inc.
13455 Noel Road, Suite 400 1720 W. Virginia
Dallas, Texas 75240 CPN #104281, DECEMBER 2022 McKinney, Texas 75069
CROSS oN�, j... I�
m•
635
630
625
620
615
EX. 12" SS LINE
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625
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Scale: 1"=20'
EXHIBIT C
DEVELOPER: ENCROACHMENT TRACT #2 ENGINEER:
Palladium Oak Grove Ltd. PALLADIUM OAK GROVE Cross Engineering Consultants, Inc.
13455 Noel Road, Suite 400 1720 W. Virginia
Dallas, Texas 75240 CPN #104281, DECEMBER 2022 McKinney, Texas 75069
` 'CROSS a WMN tea.
EXHIBIT B
Certificate of Insurance
Tier II Easement Encroachment Agreement
4877-3659-2753.v1
Page 13 of 13
Revised 12/2022