HomeMy WebLinkAboutContract 60885Date Received: 0-1 , 1 a b�
Time Received: 9 3 ,)j a. M .
Record Number: PN22-00188
City Secretary No.W)rA%�—
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
TIER //
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 950 Rendon Crowley, LLC, a(n)
a Delaware limited liability company ("Licensee"), acting by and through its duly
authorized Chief Executive Officer.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 950 Rendon
Crowley Road, Fort Worth, Tarrant County, Texas (`Property"), being more particularly
described as Lot 2, Block 1, Spinks Industrial Addition, according to the plat thereof
recorded in the plat records of Tarrant County as plat number FS-22-176 (the "Plat"),
and;
WHEREAS, the City owns a water facility easement (the "Public Property")
lying upon the Property and depicted on, and dedicated pursuant to, the Plat,; 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, a fence and maintaining a storm drain (the "Encroachment"). Upon
completion of the Encroachment, Licensee agrees to be responslle for maintaining the
Encroachment within the Public Property. Licensee shall not expand or otherwise cause
L0 d V 4tc!KE Y
Tier 11 Easement Encroachment Agreement WORTH, TX Page 1 of 12
Revised 12/2022
the Encroachment to further infringe in or on the Public Property beyond what is
specifically described in Exhibit "A."
`4,
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
Tier II Easement Encroachment Agreement Page 2 of 12
Revised 12/2022
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).
WA
The initial 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 and
Licensee's failure to cure such noncompliance pursuant to the next succeeding sentence.
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; provided, however, if the noncompliance is not reasonably
capable of being cured within such thirty (30) day period, and provided Licensee
commences to cure such noncompliance within said thirty (30) day period and thereafter
diligence pursues such cure to completion, Licensee shall have such additional time to
cure the noncompliance as is reasonably necessary, not to exceed an additional ninety
(90) days in any event. 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
Tier II Easement Encroachment Agreement Page 3 of 12
Revised 12/2022
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.
J
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, UNLESS, AND TO
THE EXTENTCAUSED, IN WHOLE OR IN PART, BY THE ALLEGED GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT 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, provided any such increase to the foregoing insurance
requirements is consistent with insurance requirements applied by the City to other
similar properties or encroachment licenses, 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
Tier II Easement Encroachment Agreement Page 4 of 12
Revised 12/2022
notice to the Building Official of the City. A copy of such Certificate of Insurance is
attached as Exhibit `B" and incorporated herein for all purposes. Licensee agrees, binds,
and obligates itself and its successors and assigns to maintain and keep in force such
public liability insurance at all times during the term of this Agreement and until the
removal of the Encroachment and restoration of the Public Property. All insurance
coverage required herein shall include coverage of all Licensee's contractors and
subcontractors.
11.
Licensee agrees to deposit with the City when this Agreement is executed a
sufficient sum of money to be used to pay necessary fees to record this Agreement in the
real property records of the county in which the Encroachment is located. After being
recorded, the original shall be returned to the City Secretary of the City of Fort Worth.
12.
Licensee agrees to comply fully with all applicable federal, state, and local laws,
statutes, ordinances, codes, and regulations in connection with the construction,
operation, and maintenance of the Encroachment and use of the Public Property.
13.
Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for
by this Agreement or by any federal, state, or local statute, law, or regulation.
14.
Licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as an officer, agent,
servant, or employee of City, and Licensee shall have exclusive control of and the
exclusive right to control the details of its operations, and all persons performing same,
and shall be solely responsible for the acts and omissions of its officers, agents, servants,
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.
Tier II Easement Encroachment Agreement Page 5 of 12
Revised 12/2022
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, which
approval shall not be unreasonably conditioned or withheld, and any attempted
assignment without such written approval shall be void. 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. Any purchaser at such foreclosure sale or the
assuming lender shall notify City in writing within sixty (60) days of such foreclosure or
assignment and shall be deemed to assume 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.
Notwithstanding the foregoing, Licensee may, without prior written consent,
assign any or all of its rights, privileges or duties hereunder to an affiliate (defined as an
entity under common control with Licensee) or to the purchaser of the Property
("Allowed Assignment"). In the event of an Allowed Assignment, Licensee will notify
the City by providing Proper Notice as defined below of such Allowed Assignment.
"Proper Notice" under this Agreement will require that the notice by the Licensee be (i)
submitted within fifteen (15) days of such assignment; (ii) in writing; (iii) submitted via
certified mail at the then current address of Licensor (currently 200 Texas Street, Fort
Worth, Texas 76102); and (iv) directed to "Attn: Director, Development Services,
Tier II Easement Encroachment Agreement Page 6 of 12
Revised 12/2022
Contract Management". If Proper Notice of an Allowed Assignment occurs, the new
owner shall be deemed to have accepted Licensee's rights, duties, and obligations
hereunder, and this Agreement shall be deemed assigned with regard to the applicable
Property and the new owner will be required to provide an updated Certificate of
Insurance in accordance with the terms of this Agreement. In the event of an Allowed
Assignment, Licensee shall automatically be released from any further obligation or
liability under this Agreement. If Proper Notice of an Allowed Assignment is not
provided as defined above, then such assignment shall be void.
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 recorded among the land records of Tarrant County,
Texas, and shall constitute a covenant running with the land, and shall be binding on the
Licensee, its administrators, executors, assigns, heirs and any other successors in
interests.
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 11 Easement Encroachment Agreement Page 7 of 12
Revised 12/2022
City:
CITY OF FORT WORTH
By: % l 7.
i
D.J. Harrell, Director of the
Development ervices Department
Date
ATTEST:
Jannette Goodall,
City Secretary
Date: ---4 1 S /a o':� y
Tier II Easement Encroachment Agreement
Licensee:
950 Rendon Crowley, LLC
a DeAlimite i ' company
By:
lzetenberg
Title: CFO
Date: JAYA (Qq'', 297,�
Approved As roF4:)rm and Leizality
Thomas Royce Hansen
Assistant City Attorney
Date: `/3 0/ 0 0 II
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 Owen
Development Services
Date:
Page 8 of 12
Revised 12/2022
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared D.J. Harrell, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein expressed, as the act and
deed of the City of Fort Worth, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this /say of
k cc , 20wy
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
Tier 11 Easement Encroachment Agreement
�•��;�?�e, WENDY L. BEARDSLEE
J. Notary Public, State of Texas
Comm. Expires 07-28-2025
Notary ID 133237193
Page 9 of 12
Revised 12/2022
STATE OF MINNESOTA §
COUNTY OF HENNEPIN §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Minnesota, on this day personally appeared Ryan Schulzetenberg, CFO( 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 950 Rendon Crowley, LLC, a Delaware limited
liability company (entity type), and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 'f t"day of jolu ✓q�
2024
Y EMILY H CONRAD —
Notary Public in and for the NOTARY MINNESOTA PUBLIC
State of My Commission Expires Jan. 31, 2027
a i
■.
Tier 11 Easement Encroachment Agreement Page 10 of 12
Revised 12/2022
EXHIBIT A
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement Page 11 of 12
Revised 12/2022
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MAPSCO NO. #F119-Q
CPN 104055
VICINITY MAP
Pacheco Koch FOR WORTHIRVIN ROAD
FORT WORTH, TX 76109
a Westwood company 817.412.7155
CHECKED
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TX REG. ENGINEERING
EMFW BY UMBERN21
^LS-10008001 oRSD BY
TX REG. SURVEYING FIRM
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EASEMENT ENCROACHMENT
AREA NO. 1
Part of 950 Rendon Crowley LLC
Hiram Little Survey, Abstract No. 930
City of Fort Worth, Tarrant County, Texas
DESCRIPTION of a 150 square foot tract of land situated in the Hiram Little Survey, Abstract No. 930, City of
Fort Worth, Tarrant County, Texas; said tract being part of that land described as Tract 1 in Special Warranty
Deed to 950 Rendon Crowley LLC recorded in Instrument No. D221376796 of the Official Public Records of
Tarrant County, Texas; said 150 square foot tract being more particularly described as follows (Bearing system
for this survey is based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone 4202,
based on observations made on September 30, 2021 with a combined scale factor of 1.00012):
COMMENCING, at a fence corner post found in the east right-of-way line of Wildcat Way North (a 60-foot width
private street); said point being the southwest corner of Tract 1; from which a 1/2-inch iron rod found for the
most westerly northwest corner of said Tract 1 bears North 00 degrees, 33 minutes, 14 seconds West, a
distance of 994.28 feet;
THENCE, North 89 degrees, 29 minutes, 49 seconds East, departing the said east line of Wildcat Way
North, along the south line of said Tract 1 and passing at a distance of 10.55 the northwest corner of
Block 5 Fort Worth Spinks Airport an addition to the City of Fort Worth, Tarrant County, Texas recorded
in Cabinet A, Slide 353, in all a total distance of 71.48 feet to the southwest corner of a proposed water
facility easement;
THENCE, North 00 degrees, 33 minutes, 14 seconds, West, departing said south line of Tract 1, the
north line of said Block 5 and along the west line of said proposed water facility easement, a distance
of 934.62 feet to the POINT OF BEGINNING;
THENCE, North 00 degrees, 33 minutes, 14 seconds West, along said west line of proposed water facility
easement, a distance of 10.00 feet to a point for corner;
THENCE, North 89 degrees, 26 minutes, 46 seconds East, departing said west line of proposed water facility
easement, a distance of 15.00 feet to a point for corner in the east line of said proposed water facility easement;
THENCE, South 00 degrees, 33 minutes, 14 seconds East, along said east line of proposed water facility
easement, a distance of 10.00 feet to a point for corner;
THENCE, South 89 degrees, 26 minutes, 46 seconds West, departing said east line of proposed water facility
easement, a distance of 15.00 feet to the POINT OF BEGINNING;
CONTAINING: 150 square feet or 0.003 acres of land, more or less.
(A survey plat of even survey date herewith accompanies this description.)
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description
accurately sets out the metes and bounds of the easement encroachment tract described.
..0F .TF
�P, ��% S TF q':!9
03/06/2023 y' � � � '�
Michael Larry Le Jr. Date MICHAEL L RY LEWIS,
Registered Professional Land Surveyor No. 5773 5773����
. 4 v�
Pacheco Koch Consulting Engineers, Inc. 9'9�Fess�o?y10
4060 Bryant Irvin Road, Fort Worth, TX 76109 y�..B U Fi'I
(817) 412-7155
TX Reg. Surveying Firm LS-10008001
4019-21.427EX4_Encroachment_Legal.doc SDH 4019-21.427EX4_Encroachment.dwg SOH
PAGE 1 OF 2
LOT 1, BLOCK 1
TARRANT COUNTY
1/2-INCH IRON PUBLIC WORKS DEPARTMENT
• ~ ROD FOUND PRECINCT ONE ADDITION
LLJ (c.M.) (CAB. A. SL. 511)
cc In
8926'48' E
A 15.00,
N 00'33'1 e W
10.00'
POINT OF N)
BEGINNING
C4Z
N� 61
Z ;
60'
~R.O.W. 3 0 0 8
� a =�
g
1 Z
I � S
POINT OF
COMMENCING
N 89'E
71.481.48
(FENCE CORNER
POST FOUND
S 00'33'14" E
10.00,
S 89'26'46" W
15.00'
(c.M.> BLOCK 5
I N 89'29'49' E FORT WORTH
10.55' SPINKS AIRPORT
(CAB. A. SL 353)
The undersigned, Registered Professional Land
Surveyor, hereby certifies that this plat of
survey accurately sets out the metes and
bounds of the easement tract described.
EASEMENT
ENCROACHMENT
AGREEMENT
AREA NO. 1
150 SF
(0.003 ACRES)
TRACT 1
950 RENDON CROWLEY LLC
(INST. NO. D221376796)
N
0 30 60 120
GRAPHIC SCALE IN FEET
LEGEND
- - - PROPERTY LINE
EASEMENT LINE
O POINT FOR CORNER
(UNLESS OTHERWISE NOTED)
(C.M.) - CONTROLLING MONUMENT
1. A metes and bounds description of even
survey date herewith accompanies this plat
of survey.
2. Bearing system for this survey is based on
the Texas Coordinate System of 1983 (2011
adjustment), North Central Zone 4202, based
` .,_ ass:: ,. , on observations made on September 30,
03/06/2023 °suR+� 2021 with a combined scale factor of
8 Michael Larr` Lew�Jr Date 1.00012.
Registered Professional
TX REG. ENGINEERING FIRM F-469
N
Land Surveyor No. 5773
TX REG. SURVEYING FIRM LS-10008001
Pacheco
Koch
4060 BRYANT IRVIN ROAD
FORT WORTH, TX 76109
817.412.7155
= a Westwood company
` DAAWW BY ChECXED BY SCALE DATE ,K71B AK#"R
SDH I RMT , 1
"=60' I MAR 2023 I 4019-21.427
EASEMENT
ENCROACHMENT
AREA NO.1
PART OF 950 RENDON CROWLEY LLC
HIRAM LITTLE SURVEY, ABSTRACT NO. 930,
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
PAGE 2 OF 2
EASEMENT ENCROACHMENT
AREA NO. 2
Lot 2, Block 1 Spinks Industrial Addition
Hiram Little Survey, Abstract No. 930
City of Fort Worth, Tarrant County, Texas
DESCRIPTION of a 150 square foot tract of land situated in the Hiram Little Survey, Abstract No. 930, City of Fort Worth,
Tarrant County, Texas; said tract being part of Lot 2, Block 1 Spinks Industrial Addition recorded in Doc No. D223091759
of the Official Public Records of Tarrant County, Texas and being part of that tract of land described in Special Warranty
Deed to 950 Rendon Crowley LLC recorded in Instrument No. D223091759 of the Official Public Records of Tarrant County,
Texas; said 150 square foot tract being more particularly described as follows (Bearing system for this survey is based on
the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone 4202, based on observations made on
September 30, 2021 with a combined scale factor of 1.00012):
COMMENCING, at a fence corner post found in the east right-of-way line of Wildcat Way North (a 60-foot width private
street); said point being the southwest corner of Block 2; from which a 1/2-inch iron rod found for the most westerly
northwest corner of said Lot 2 bears North 00 degrees, 33 minutes, 14 seconds West, a distance of 994.28 feet;
THENCE, North 89 degrees, 29 minutes, 49 seconds East, departing the said east line of Wildcat Way North,
along the south line of said Lot 2 and passing at a distance of 10.55 feet the northwest corner of Block 5 Fort
Worth Spinks Airport an addition to the City of Fort Worth, Tarrant County, Texas recorded in Cabinet A, Slide
353, in all a total distance of 86.48 feet to the southeast corner of a 15' water facility easement recorded in said
Spinks Addition Doc No. D223091759 of the Official Public Records of Tarrant County, Texas;
THENCE, North 00 degrees, 33 minutes, 14 seconds, West, departing south line of said Lot 2, the north line of
said Block 5 and along the east line of said 15' water facility easement, a distance of 166.44 feet to the POINT
OF BEGINNING;
THENCE, South 89 degrees, 26 minutes, 46 seconds West, departing the east line of said 15' water facility easement, a
distance of 15.00 feet to a point for corner in the west line of said 15' water facility easement;
THENCE, North 00 degrees, 33 minutes, 14 seconds West, along the west line of said 15' water facility easement, a
distance of 10.00 feet to a point for corner in the west line of said 15' water facility easement;
THENCE, North 89 degrees, 26 minutes, 46 seconds East, departing the west line of said 15' water facility easement, a
distance of 15.00 feet to a point for corner in the east line of said 15' water facility easement;
THENCE, South 00 degrees, 33 minutes, 14 seconds east, along the east line of said 15' water facility easement, a distance
of 10.00 feet to the POINT OF BEGINNING;
CONTAINING: 150 square feet or 0.003 acres of land, more or less.
(A survey plat of even survey date herewith accompanies this description.)
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets
out the metes and bounds of the easement encroachment tract described.
(iiCHMAE�L
0 lsTE.908/07/2023 RRYLEWIMichael LarryLewis�Jy. DateRegistered Professid al Land Surveyor No. 5773 773Pacheco Koch Consulting Engineers, Inc. g:4060 Bryant Irvin Road, Fort Worth, TX 76109 �V�
(817) 412-7155 40.
TX Reg. Surveying Firm LS-10008001
4019-21.427EX5_Encroachment_Legal.doc SDH 4019-21.427EX5_Encroachment.dwg SDH
PAGE 1 OF 2
LOT 1, BLOCK 1
TARRANT COUNTY
1/2-INCH IRON
ROD FOUND
PUBLIC WORKS DEPARTMENT
PRECINCT ONE ADDITION
w
(C.M)
(CAB. A, SL. 511)
LOT 2, BLOCK 1
SPINKS INDUSTRIAL ADDTION
a
(INST. NO. D221376796)
15' WATER FACILITY
o
EASEMENT
(INST. NO. D22091759)
Z
5
N 8926'46' E
N 00�3'14' W
15.00'
10.00'
EASEMENT
I S 00'33'1 e E
10.00, POINT OF
ENCROACHMENT
AGREEMENT
,BEGINNING
AREA NO. 2
S 89-26'46' W
150 SF
I 15.00'
(0,003 ACRES)
60' R.O.W. I M
lo^
POINT OF
FENCE CORNER
POST FOUND
COMMENCING (C.M.) 0 30 60 120
N 89'29'49" E I� I i \ 86.48'
GRAPHIC SCALE IN FEET
N 89129'49' E BLOCK 5 LEGEND
10.55' FORT WORTH _ — — PROPERTY LINE
SPINKS AIRPORT EASEMENT LINE
(CAB. A, SL 353) POINT FOR CORNER
(UNLESS OTHERWISE NOTED)
NOTES: (C.M.) - CONTROLLING MONUMENT
The undersigned, Registered Professional Land
Surveyor, hereby certifies that this plat of
survey accurately sets out the metes and
bounds of the easement tract described.
1. A metes and bounds description of even
survey date herewith accompanies this plat
of survey.
2. Bearing system for this survey is based on
/ the Texas Coordinate System of 1983 (2011
'+ 5773 adjustment), North Central Zone 4202, based
3 7•,I�R oi�'O
Ess, on observations made on September 30,
08/07/2023 ° sdiive 2021 with a combined scale factor of
Michael Larry Lewi/Jr. Date 1.00012.
a Registered Professional TX REG. ENGINEERING FIRM F-469
n Land Surveyor No. 5773 TX REG. SURVEYING FIRM LS-10008001
ri
n I—
Pacheco Koch 4060 BRYANT IRVIN ROAD
I FORT WORTH, TX 76109
a WE'S1<W000I company 817.412.7155
w DNA *W BY I CHECKED BY SCALE GATE !QB AKMBEB
MAJ MIL 1"=60' AUG 2023 4019-21.427
EASEMENT
ENCROACHMENT
AREA NO.2
LOT 2, BLOCK 1 SPINKS INDUSTRIAL ADDITION
HIRAM LITTLE SURVEY, ABSTRACT NO. 930,
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
PAGE 2 OF 2
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EXHIBIT "A"
4060 BRYANT IRVIN ROAD
Pacheco Koch
o FORT WORTH, TX 76109
L4 a WES't1MOOd company 817.412.7155 y
TX REG. ENGINEERING FIRM F-469 DRAWN BY I CHECKED BY SCALE DATE JOB NUMBER
N TX REG. SURVEYING FIRM LS-10008001 SDC MFW 1"=300' 08/07/2022 + 4019-21.427
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-1 o FORT WORTH, TX 76109
L a Westwood company 1817.412.7155 y
3 TX REG. ENGINEERING FIRM F-469 I DRAWN BY CHECKED BY SCALE DATE JOB NAUBER
o TX REG. SURVEYING FIRM LS-10008001 SDC I MFW , 1"=40' 110/26/2022 1 4019-21.427
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ENCROACHMENT 2
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ENCROACHMENT 2 PLAN VIEW
EXHIBIT ))Cl)
4060 BRYANT IRVIN ROAD
Pacheco Koch
FORT WORTH, TX 76109
a Westwood company 1 817.412.7155
TX REG. ENGINEERING MSCALE 7E JOB TX REG. SURVEYING FIRMLS-10008001 DRSDCer I cvEMFW BY 1*=40- 08/07/2022 40 9N21 427
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0 2.5 I5 10
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N _ _ _ _ _EX_H_IBIT_ •_C_• __
o / Pacheco Koch 4060 BRYANT IRVIN ROAD
o FORT WORTH, TX 76109 Q
a Westwood company 817.412.7155
a
o TX REG. ENGINEERING FIRM F-469 DRAWN BY CHECKED BY SCALE DATE JOB NUMIBER
o TX REG. SURVEYING FIRM LS-1000&),0f SDC I MFW I 1"=40' , 10/26/2022 1 4019-21.427
0 11 NI
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670
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N N ENCROACHMENT 2 PROFILE VIEW 2
_ EXHIBIT C_
Pacheco Koch 4060 BRYANT IRVIN ROAD o FORT WORTH, TX 76109 kR
N a VfeStvvood company 817.412.7155 y
TX REG. ENGINEERING FIRM F-469 DRAWN BY CHECKED BY SCALE DATE JOB NUMBER
o TX REG. SURVEYINC FIRM LS-10008001 SDC I MFW I 1"=40' 110/26/2022 ! 4019-21.427
IAAI�
,EXISTING GROUND
�1llLLr. L LLLLl1 L1 (rlLLrur�����n
I- PRO
OSED GROUND
��na��
PRIVATE
48"
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—
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—
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12" WATERLINE
IPRC22-0068
_
1
EXHIBIT B
Certificate of Insurance
Tier 1I Easement Encroachment Agreement Page 12 of 12
Revised 12/2022
INTEROFFICE CORRESPONDENCE
DEVELOPMENT SERVICES
DEVELOPMENT COORDINATION (CFA) OFFICE
Name
Department
Royce Hansen
Asst, City Attorney
City Attorney's Office
Rebecca Owen
Planning Manager
Development Services
DJ Harrell
Director
Development Services
Wendy Beardslee
Notary, Project Assistant
Development Services
Jannette Goodall
City Secretary
City Secretary's Office
Wendy Beardslee
Project Assistant
Development Services
Signed/
Returned By
S
/g& IeA ?e z
i
c
day
Q
Date Sent by CFA Staff Sent By Date signed
Document Type: Easement Encroachment
Company: 950 Rendon Crowley, LLC
Address: 950 Rendon Crowley Road
Fort Worth, Texas
PN#: PN22-00188
ATTACHMENTS:
NOTES:
Easement Encroachment Agreement
Exhibits & COl
i