HomeMy WebLinkAboutContract 60243Date Received: 10/10/2023
Time Received: 2:50 p.m.
Record Number: PN23-00093
City Secretary No.: 60243
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
TIER II
THIS AGREEMENT is made and entered into by and between THE CITY OF
FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"),
acting by and through its duly authorized City Manager, Assistant City Manager, or
Director of the Development Services Department, and FW 820, LLC, a ("Licensee"),
acting by and through its duly authorized signer.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 9400 Silver
Creed Road, Fort Worth, Texas 76108 ("Property"), being more particular described as a
tract of land situated in the Anthony B. Connor Survey, Abstract No. 306, City of Fort
Worth, Tarrant County, Texas, as recorded in Deed Records, by Instrument Number
D222014220, in Tarrant County, Texas, and;
WHEREAS, the City owns sewer and water main easements (the "Public
Property") adjacent to the Property, recorded in the plat records of Tarrant County as
plat number D223093603; and
WHEREAS, Licensee desires to construct, place, and maintain certain
improvements which will encroach in, on, above, or below the Public Property; and
WHEREAS, to accommodate the needs of the Licensee, the City will allow the
encroachment under the terms and conditions as set forth in this Agreement.
NOW, THEREFORE, the City and Licensee agree as follows:
AGREEMENT
1.
The City, in consideration of the payment by Licensee of the fee set out below
and covenants and agreements hereinafter contained to be kept and performed by
Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and
occupy a portion of the City's Public Property as described in and at the location shown
on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing,
installing, and maintaining private storm drains (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
OFFICIAL RECORD
Tier II Easement Encroachment Agreement CITY SECRETARY Page 1 of 11
Revised 12/2022
FT. WORTH, TX
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.
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
Tier II Easement Encroachment Agreement Page 2 of 1 I
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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.
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
Tier II Easement Encroachment Agreement Page 3 of 1 I
Revised 12/2022
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, OF WHATSOEVER HIND 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.
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.
Tier II Easement Encroachment Agreement Page 4 of 1 I
Revised 12/2022
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.
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
Tier II Easement Encroachment Agreement Page 5 of I 1
Revised 12/2022
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 II Easement Encroachment Agreement Page 6 of I 1
Revised 12/2022
City: Licensee:
CITY OF FORT WORTH FW 820, LLC,
a Texas limited liability company
By: Majestic Silver Creek Investor, LLC �tov��� a Delaware limited liability company
Its: Governing Entity
By: Majestic Realty Co., a California
corporation
Its: Manager
By; DJ Harrell (Oct 10, 202314:00 CDT) B3/;
D.J. Harrell, Director of the Name: Edward P. Roski, JR
Development Services Department Title: President and Chairman of the
Board
Date: Oct 10, 2023 Date:
ATTEST: Approved As To Form and Legality
x .d .,�aSi�s acan�oo544a ���1�
Jannette Goodall, Jeremy Anato-Mensah
City Secretary Assistant City Attorney
Date: Oct 10, 2023
Date: Oct 10, 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 (Oct 10. 2023 08:20 CDT)
Rebecca Owen
Development Services
Date: Oct 10, 2023
OFFICIAL RECORD
Tier H Easement Encroachment Agreement CITY SECRETARY Page 7 of 11
FT. WORTH, Tx Revised 12/2022
""THIS PAUE FUR UITY OF FURT WURTH UFFIUE USE UNLY ...�
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared D.J. Harrell, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein expressed, as the act and
deed of the City of Fort Worth, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this loth day of
October , 20 23
Digitally signed by Brooke
Brooke Bonnell Bonnell
Date: 2023.10.10 14:27:18-05'00'
Notary Public in and for the State of Texas
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
Tier II Easement Encroachment Agreement
O�pRYp(7eC/ BROOKE BONNELL
Notary Public
* * STATE OF TEXAS
!�V co Notary I.D. 134009525
9�OF My Comm. Exp. Oct. 11, 2026 '
Page 8 of 11
Revised 12/2022
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Los Angeles
On October 9, 2023 before me, Daniella Garcia, Notary Public
(insert name and title of the officer)
personally appeared Edward P. Roski Jr.
who proved to me on the basis of satisfactory evidence to be the person( whose name( is/are
subscribed to the within instrument and acknowledged to me that he/&heAhey executed the same in
his/heF/theif authorized capacity(ie&), and that by his/her/their signatures) on the instrument the
person(s3, or the entity upon behalf of which the person(&) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature 00� -20
'tier 11 EawnunL Encroachment Agreeirtent
(Seal)
DANIELLA GARCIA
Notary Public • California
Los Angeles County
i ° Commission M 2329813 tr
Page 9of t1
Rev is et1 12/2022
EXHIBIT A
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement Page 10 of I 1
Revised 12/2022
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COUNCIL DISTRICT 7
mWQMAJESTIC SILVER CREEK PHASE II
g A FORIL 2O2RTH, TEXAS
CPN: 104084
P RC22-0084
Kimley*Horn
801 Cherry Street, Unit 11
Suite 1300
Fort Worth, TX 76102 817-335-6511
State of
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SIGNS — — — — — — \ Z1-' — — — — — — — — — — —
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REMAINDER OF
\LOT 1, BLOCK 3 / I LOT 1, BLOCK 1 LOT 2, BLOCK 3
7.5483 ACRES SILVER CREEK 15.2496 ACRES LOT 3, BLOCK 3
328,803 SQ. FT. ADDITION 664,269 SQ. FT. / 12.5901 ACRES
j.. VOL. 388-171, 548,425 SO. FT.
x ♦ \ cr 1l
w TRACT 3
JPROPOSED / FW 820, LLC
♦ \ / (ENCROACHMENT (El) I I D222014220)
♦ \ PROPOSED I PROPOSED
�ENCROACHMENT(E2)I_ IENCROACHMENT (E3)F '
m
LOT 5, BLOCK 3 ��� k'
8.7000 ACRES AT
378,973 SQ. FT.
m I 1 LOT 4, BLOCK 3 Z
3.3000 ACRES
143,748 SQ. FT. STATE,
VOL. 52:
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OVERALL ENCROACHMENT Kimley. Horn
°MAJESTIC SILVER CREEK PHASE II CPN- 104084 Suite 1300 Street Unitll
Fort Worth, TX 76102 817-335-6511o. F-928
i � FORT WORTH, TEXAS Sate of Texas Registration N
AUGUST 2023 I P RC22-0084 .,mE, o... TME m
ao
LEGAL DESCRIPTION
BEING a 0.0043 acre (185 square foot) tract of land (TRACT 1), a 0.0286 acre (1,245 square foot) tract of land
(TRACT 2), and a 0.0045 acre (195 square foot) tract of land (TRACT 3) situated in the Anthony B. Conner Survey,
Abstract No. 306, City of Fort Worth, Tarrant County, Texas; said tracts being a part of Lots 1-4, Block 3, Majestic
Silver Creek Addition, an addition to the City of Fort Worth according to the plat recorded in Instrument No.
D223093603 of the Official Public Records of Tarrant County, Texas; said tracts being more particularly described as
follows:
TRACT 1
COMMENCING at 5/8-inch capped iron rod stamped "KHA" set in the west right-of-way line of West Loop 820 North
(a variable width right-of-way), said 5/8-inch capped iron rod also being the southeast corner of said Lot 2 and the
northeast corner of said Lot 1;
THENCE North 78°25'11" West, departing from the west line of said West Loop 820 North, across said Lot 3 a
distance of 112.47 feet the POINT OF BEGINNING;
THENCE North 78°41'54" West, a distance of 12.35 feet to a point for corner;
THENCE North 25°03'06" East, a distance of 15.44 feet to a point for corner;
THENCE South 78°41'54" East, a distance of 12.35 feet to a point for corner;
THENCE South 25'03'06" West, a distance of 15.44 feet to the POINT OF BEGINNING and containing 185 square
feet or 0.0043 acres of land, more or less.
TRACT 2
COMMENCING at a 5/8-inch capped iron rod stamped "KHA" set for the northwest corner of said Lot 4 and the
southwest corner of said Lot 1;
THENCE South 88°04'35" East, across said Lot 4, a distance of 116.71 feet to the POINT OF BEGINNING;
THENCE North 17°15'23" East, a distance of 36.64 feet to a point for corner;
THENCE South 89°56'54" East, a distance of 30.16 feet to a point for corner;
THENCE South 00'03'06" West, a distance of 35.00 feet to a point for corner;
THENCE North 89°56'54" West, a distance of 41.00 feet to the POINT OF BEGINNING and containing 1,245 square
feet or 0.0286 acres of land, more or less.
EASEMENT ENCROACHMENT
ANTHONY B. CONNER SURVEY
ABSTRACT NO. 306
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
Kimlev)))Horn
130
801 Cherry Street, Unit 11, # 0Tel. No. (817) 335-6511
Fort Worth, Texas 76102 FIRM # 10194040 v✓v✓vd.kimley-horn.com
Stele Drawn by Checked by I Dale Froiecl No. Sheet No.
N/A BSG MCB 7/20/20', 061282601 1 OF 4
GARVEY, BRIAN 7/20/202310:01 AM \\KIMLEY-HORN\TX_FTNAFTW SURVEY\061282621-MAJESTIC SILVER CREEK\D G\061282601- AJESTIC SIL ER CREEE _EE.DWG
TRACT 3
COMMENCING at a point for corner, said point being the southeast corner of said Tract 2;
THENCE South 52°19'43" East, across said Lot 4, a distance of 82.83 feet to the POINT OF BEGINNING;
THENCE South 88°51'40" East, a distance of 15.00 feet to a point for corner;
THENCE South 00°03'06" West, a distance of 13.00 feet to a point for corner;
THENCE North 88°51'40" West, a distance of 15.00 feet to a point for corner from which a found 5/8-inch iron rod in
the north right-of-way line of Silver Creek Road (a variable width right-of-way) bears South 34°18'03" West, a
distance of 391.64 feet, said 5/8-inch iron rod being the southwest corner of said Lot 4;
THENCE North 00°03'06" East, a distance of 13.00 feet to the POINT OF BEGINNING and containing 195 square
feet or 0.0045 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 and 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.
EASEMENT ENCROACHMENT
ANTHONY B. CONNER SURVEY
OF• TF ABSTRACT NO. 306
�,. � �.�P•���isr�o'�ycr
' MICHAEL C. BILLINGSLEY CITY OF FORT WORTH
REGISTERED PROFESSIONAL .... ....................... :.... TARRANT COUNTY, TEXAS
LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY
CHERRY STREET, ,0 6558
UN �: Kimlev)))Horn
UNIT 11 SUITE 1300 ,
FORT WORTH, TEXAS 76102 9 ' �F S S�*.• ' 0 801 Cherry Street, Unit 11, # 1300 Tel. No. (817) 335-6511
PH. 817-335-6511 O S U R \I ` Fort Worth, Texas 76102 FIRM # 10194040 www.kimley-horn.com
Scale I Drawn by I Checked by Date Project No. Sheet No.
michael.billingsley@kimley-horn.com N/A BSG IN 7/20/2023 061282601 2OF4
GARVEY, BRIAN 7/20/2023 10:12 AM \\KIMLEY-HORN\TX_FTWtFTW_ SURVEY\061282621-MAJESTIC SIL'vtk CREEK\D G\061282601-MAJESTIC SIL ER CREEE _EE.DWG
i rt-_Gnln
P.O.C. = POINT OF COMMENCING
P.O.B. = POINT OF BEGINNING
IRSC = 5/8" IRON ROD W/ "KHA" CAP SET LOT 2, BLOCK 3
IRF = IRON ROD FOUND MAJESTIC SILVER CREEK ADDITION
FW 820, LLC
INST. NO. D222014220
15' WATER EASEMENT
(INST. NO. D223093603)
-
-
TRACT 1
EASEMENT
ENCROACHMENT
0.0043 ACRES
185 SQ. FT.
LINE TABLE
NO. BEARING LENGTH
L1 N78°25'11"W 112.47'
L2 N78°41'54"W
12.35'
L3 N25°03'06"E
15.44'
L4 S78°41'54"E
12.35'
L5 S25°03'06"W
15.44'
NOTES
INST. NO. D223093603
NORTH
0 20 40
GRAPHIC SCALE IN FEET
STABLE DRIVE
40' PUBLIC
ACCESS EASEMENT
(INST. NO. 223093603) 25'X10' WATER
— — — — — — EASEMENT
— — (INST. NO. D223093603) 00
— L4
P.O.C.
— L2 —_—��_ \ J TRACT 1
— L1
R �
P.O. V \\�\ \\� IRSC
TRACT 1 ,
0
O �
LOT 3, BLOCK 3 CbN
MAJESTIC SILVER CREEK ADDITION / QQ
INST. NO. D223093603
FW 820, LLC
INST. NO. D222014220 /
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.
OF
��
MICHAEL C. BILLINGSLEY
�'�P•�C�ISTEl��
*:
REGISTERED PROFESSIONAL
... :....................... :...
LAND SURVEYOR NO. 6558
MICHAEL CLEO BILLINGSLEY
801 CHERRY STREET,
•••
•••••....................... ' •
•• 6558 :
UNIT 11 SUITE 1300
'O F
`9 ��FESS���
FORT WORTH, TEXAS 76102
o�
PH. 817-335-6511
S U R v
michael.billingsley@kimley-horn.com
GARVEY, BRIAN 7/201202310:01 AM \\KIMLEY-HORN\TX_FT\AAFTW_SURVEY\061282621-MAJESTIC SILVER
EASEMENT ENCROACHMENT
ANTHONY B. CONNER SURVEY
ABSTRACT NO. 306
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
Kimley*Horn
801 Cherry Street, Unit 11, # 130Tel. No. (817) 335-6511
Fort Worth, Texas 76102 FIRM # 10194040 w .kimley-horn.com
Scale I Drawn by I Checked by Date I Proiect No. Sheet No.
1" = 40' BSG MCB 7/20/2023 1 061282601 3 OF 4
CREEK\D G\061282601- AJESTIC SIL ER CREEE EE.DWG
LEGEND
P.O.C. = POINT OF COMMENCING
P.O.B. = POINT OF BEGINNING
IRSC = 5/8" IRON ROD W/ "KHA" CAP SET
IRF = IRON ROD FOUND
NORTH
0 20 40
LOT 1, BLOCK 1
/ MAJESTIC SILVER CREEK I I
' / I I GRAPHIC SCALE IN FEET
ADDITION INST. O. D223093603 INSTF O. D222014220 1
I
n�CITY OF FORT WORTH t 1
PERMANENT DRAINAGE ' TRACT 2 /
I/ FACILITY EASEMENT
(INST. NO. D211236242) 7 EASEMENT /
ENCROACHMENT /
DRAINAGE EASEMENT ' 0.0286 ACRES /
\ (INST. NO. D223093603) 1,245 SQ. FT. /
------------- L8 �'?---—I— .L-------
35' SANITARY P . O . C .
SEWER
_ EASEMENT — _ _ _ _ _ _ _ CID_ _ _
\ IRSC D2223309 03) L6 — J J i TRACT 3 — —
_' __ - -=-L �I --I-L-
-�---- - - - - - - --L10-4-----��-- P.O.B.
PI O' c. I \ I I 11 TRACT 3
TRACT 2 P.O.B.
I� DRAINAGE I ASEMENT TRACT 2 I TRACT 3
(INST. NO. 1223093603) EASEMENT I L12 1
I ENCROACHMENT I A to
1 0.0045 ACRES I II J
1 195 SQ. FT. I 11 1I L14 1
LOT 4, BLOCK 3 I II APPROXIMATE LOCATION
MAJESTIC SILVER CREEK ADDITION 1 I�� I1 I VOL.2 6, PG.4MENT
1 1 INST. NO. D223093603 1 I I I 11- 1 (OL. 1296, PG.41 )
NO WIDTH GIVEN
I 1 FW 820, LLC I I /1 I 11 1 STABLE
INST. NO. D222014220 I I I I II I DRIVE
40' PUBIC ACCESS
EASEMENT
LINE TABLE I I I lI 1 (INST. � D2230936936
03)
NO. BEARING LENGTH
1 1 I 11 1 15' WATER
EASEMENT
L6 S88°04'35"E 116.71' I 1 I 11 1 (D 2309 603)
L7 N17°15'23"E 36.64'
L8 S89°56'54"E 30.16' 5/8 IRF II t
L9 Soo°03'06"W 35.00' EASEMENT ENCROACHMENT
L10 N89°56'54"W 41.00' ANTHONY B. CONNER SURVEY
L11 S52°19'43"E 82.83' ABSTRACT NO. 306
L12 S88°51'40"E 15.00' CITY OF FORT WORTH
L13 Soo°03'06"W 13.00' TARRANT COUNTY, TEXAS
L14 N88°51'40"W 15.00' L15 N00°03'06"E 13.00' Kimley*Horn
801 Cherry Street, Unit 11, # 130Tel. No. (817) 335-6511
L16 S34° 18'03"W 391.64' Fort Worth, Texas 76102 FIRM # 10194040 www.kimley-horn.com
Scale Drawn by Checked by Date Proiecl No. Sheet No.
1" = 40' BSG MCB 7/20/2023 061282601 4 OF 4
GARVEY, BRIAN 7/20/2023 10:01 AM \\KIMLEY-HORN\TX_FTW\FTW SURVEY\061282621-MAJESTIC SIL\kR CREEK\D G\061282601- AJESTIC SIL ER CREEE _EE.DWG
PROP. 2 - 6'x4' PRIVATE
BOX CULVERTS I� PROPERTY LINE
PROP. 35' PUBLIC
SEWER EASEMENT A PROPOSED
ENCROACHMENT (E1)
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EX PUBLIC SEWER LINE
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PLAN VIEW (El)
.-.MAJESTIC SILVER CREEK PHASE II
<" FORT WORTH, TEXAS
gj- AUGUST 2023
ao�
/ PROP. 10" PUBLIC
SEWER LINE
GRAPHIC SCALE IN FEET
0 10 20 40
CPN- 104084
IPRC22-0084
Kimley->> Horn
801 Cherry Street, Unit 11
Sue 1300
Fort Worth, TX 76102 817-335-6511
State of
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SECTION VIEW (El)
-MAJESTIC SIL
_� FORT WORTH, TEXAS
age AUGUST 2023
725
720
715
710
705
695
0+00
PROPOSED
GRADE
j
EXISTING \
GRADE \
PROP
6 x4' 8 pX CD PRIVATE
ULVERTS
PROPOSED
PUBLIC 10"
SEWER LINE
VER CREEK PHASE II
1+00 1+20
725
720
715
710
705
700
695
CPN- 104084
I P RC22-0084
Kimley>>> Horn
801 Cherry Street, Unit 11
Sir 1300
Fort Worth, TX 76102 817-335-6511
State of Texas Registration No. F-928
PROPERTY LINE
PROPOSED 36" PRIVATE
STORM LINE
PROPOSED 15' _ �
WATER EASEMENT
PROPOSE X2' P ICE
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PROPOSED
ENCROACHMENT (E2)
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PLAN VIEW (E2)
-MAJESTIC SILVER CREEK PHASE II CPN- 104084
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g� AUGUST % FORT O 023 TEXAS I P RC22-0084
Kimley>>> Horn
801 Cherry Street, Unit 11
Suite 1300
Fort Worth, TX 76102 817-335-6511
Stat
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PLAN VIEW (E2)
-MAJESTIC SILVER CREEK PHASE II CPN- 104084
m C9
g� AUGUST % FORT O 023 TEXAS I P RC22-0084
Kimley>>> Horn
801 Cherry Street, Unit 11
Suite 1300
Fort Worth, TX 76102 817-335-6511
Stat
1 �e RegistrationnoTe��.44AT No. F-92wn�.�Fa.e F.�
N 5
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m WATER ENCROACHMENT
SECTION VIEW (E2)
-MAJESTIC SIL
_� FORT WORTH, TEXAS
age AUGUST 2023
725 725
720
720
PROPOSED
GRADE
rEXISTINC
1 GRADE
715
715
PROP. 12" PUBLIC
WATER LINE
\
710
710
(V
N
PROPOSED 36" PRIVATE
STORM LINE
705
705
700 700
1+00
VER CREEK PHASE II
2+00
CPN: 104084
I P RC22-0084
Kimley>>> Horn
801 Cherry Street, Unit 11
Sir 1300
Fort Worth, TX 76102 817-335-6511
State of Texas Registration No. F-928
9
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LEGEND
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PLAN VIEW (E3)
.-.MAJESTIC SILVE
<" FORT WORTH, TEXAS
gj- AUGUST 2023
ao�
R CREEK PHASE II
z�
0
SED 24" PRIVATE
LINE
i
0
PROPOSED 12" PUBLIC
WATER LINE
PROPERTY LINE /
s
o
v \
GRAPHIC SCALE IN FEET
0 10 20 40
Kimlev)OHorn
C P N - 104084
801 Cherry Street Unit 11
SURe 1300
Fort Worth, TX 76102 817-335-6511
I PRC22-0084
State v�Texas Registration No. NA28 Eer �
715 715
710 710
PPOPOSED
E{IS-ING GRADE
GFKDE
705
705
a
700
700
PRIVATE
PROPOTORM
LINE
m
4
695
695
m
�J
�f
PROP. 12" PUBLIC
a
WATER LINE
690
690
tea,
N
7+75
8+00 8+85
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m WATER ENCROACHMENT
SECTION VIEW (E3)
SILVER
CREEK
PHASE II
CPN: 104084
-MAJESTIC
m w !9
g� AUGUST O 023 TEXAS
I P RC22-0084
Kimley>>> Horn
801 Cherry Street, Unit 11
Sir 1300
Fort Worth, TX 76102 817-335-6511
Stat
TM �e —1111 Registration.14AT No. F-92wn�.�Fa.e F.�
EXHIBIT B
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 11 of 11
Revised 12/2022
,