HomeMy WebLinkAboutContract 60943Date Received: 2/14/2024
Time Received: 4:15 p.m.
Record Number: PN23-00175
City Secretary No.: 60943
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
TIER 77
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 Northwest Independent School
District, a(n) public school district ("Licensee"), acting by and through its duly
authorized Board President.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 2001 Texan
Drive, Fort Worth, Texas 76247 ("Property"), being more particular described as, a
certain tract or parcel of land, lying and being situated in the Charles Tyding Survey,
Abstract No. 1533, the R. Matany Survey, Abstract No. 878, and the Jeremiah Ivy
Survey, Abstract No. 648, Denton County, Texas, being part of a certain (called) 325.730
acre tract described in a Trustee's Deed from Wade Starr, substitute Trustee to Mrs.
Mildred M. Segall and Mrs. Beatrice W. Weil, and recorded in Volume 756, Page 578,
Deed Records, in Denton County, Texas, and;
WHEREAS, the City owns a water line (the "Public Property") adjacent to the
Property, recorded in the plat records of Denton County as plat number FS 01-1027,
Cabinet U, Page 190; and
WHEREAS, Licensee desires to construct, place, and maintain certain
improvements which will encroach in, on, above, or below the Public Property; and
WHEREAS, to accommodate the needs of the Licensee, the City will allow the
encroachment under the terms and conditions as set forth in this Agreement.
NOW, THEREFORE, the City and Licensee agree as follows:
AGREEMENT
1.
The City, in consideration of the payment by Licensee of the fee set out below
and covenants and agreements hereinafter contained to be kept and performed by
Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and
occupy a portion of the City's Public Property as described in and at the location shown
OFFICIAL RECORD
Tier II Easement Encroachment Agreement CITY SECRETARY Page 1 of 11
Revised 12/2022
FT. WORTH, TX
on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing,
installing, and maintaining private water, sewer, and storm drain lines (the
"Encroachment"). Upon completion of the Encroachment, Licensee agrees to be
responsible for maintaining the Encroachment within the Public Property. Licensee shall
not expand or otherwise cause the Encroachment to further infringe in or on the Public
Property beyond what is specifically described in Exhibit "A."
2.
All construction, installation, maintenance, and operation of the Encroachment
and the use or occupancy of the Public Property shall comply with and be performed in
strict compliance with this Agreement and with the charter, ordinances, codes, and
policies of the City. Prior to the construction or installation of the Encroachment,
Licensee shall submit all plans and specifications to the Director of the Development
Services Department or duly authorized representative. Licensee shall not commence
construction or installation of the Encroachment nor make any use of the Public Property
until after the execution of this Agreement.
3.
Licensee, at no expense to the City, shall make proper provisions for the
relocation and installation of any existing or future utilities affected by such
Encroachment and the use and occupancy of the Public Property, including the securing
the approval and consent of the appropriate utility companies and agencies of the State of
Texas and its political subdivisions. In the event that any installation, reinstallation,
relocation, or repair of any existing or future utility or improvements owned by or
constructed by or on behalf of the public or at public expense is made more costly by
virtue of the construction, maintenance, or existence of the Encroachment and use of
Public Property, Licensee shall pay to City an additional amount equal to such additional
cost as determined by the Director of Transportation and Public Works, the Director of
the Water Department, the Director of the Development Services Department, or their
duly authorized representative.
4.
Licensee agrees that City may enter and utilize the Public Property at any time for
any public purpose, including installing, repairing, replacing, or maintaining
improvements to its public facilities or utilities necessary for the health, safety, and
welfare of the public. The City shall have no responsibility or liability for any damages
related to the Encroachment resulting from the City's use of the Public Property;
however, the City shall make reasonable efforts to minimize such damage.
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
Tier II Easement Encroachment Agreement Page 2 of 11
Revised 12/2022
condition acceptable to the Director of Transportation and Public Works, the Director of
the Water Department, the Director of the Development Services Department or their
duly authorized representative. Any such removal of the Encroachment shall be in
accordance with then -existing City regulations and policies. It is understood and agreed
to by Licensee that if this Agreement terminates and Licensee fails to remove the
Encroachment and restore the Public Property, Licensee hereby gives City permission to
remove the Encroachment and any supporting structures from the Public Property, to
restore the Public Property, and to assess a lien on the Property for the costs expended by
the City in taking such actions.
6.
In order to defray all costs of inspection and supervision which the City has
incurred or will incur as a result of the construction, maintenance, inspection or
management of the Encroachment and use of Public Property as provided for by this
Agreement, Licensee agrees to pay to City at the time this Agreement is requested an
application fee in the sum of Nine Hundred Dollars ($900.00).
7.
The term of this Agreement shall be for thirty (30) years, commencing on the
date this Agreement is executed by City. However, the City may terminate this
Agreement upon Licensee's noncompliance with any of the terms of this Agreement.
City shall notify Licensee in writing of any such noncompliance and if Licensee does not
cure the noncompliance within thirty (30) days of notice from City, the City may
terminate this Agreement. However, the City may, at its sole option, allow the Agreement
to remain in effect so long as Licensee has taken reasonable measures to cure the
noncompliance or is continuing to diligently attempt to remedy the noncompliance.
8.
It is further understood and agreed between the parties hereto that the Public
Property to be used and encroached upon is held by City as trustee for the public; that
City exercises such powers over the Public Property as have been delegated to it by the
Constitution of the State of Texas or by the Texas Legislature; and that City cannot
contract away its duty and its legislative power to control the Public Property for the use
and benefit of the public. It is accordingly agreed that if the governing body of City may
at any time during the term hereof determine in its sole discretion to use or cause or
permit the Public Property to be used for any other public purpose, including but not
being limited to underground, surface, or overhead communication, drainage, sanitary
sewerage, transmission of natural gas or electricity, or any other public purpose, whether
presently contemplated or not, that the parties agree to negotiate in good faith in order to
accommodate both the Encroachment and the public purpose.
Tier II Easement Encroachment Agreement Page 3 of 11
Revised 12/2022
9.
TO THE EXTENT ALLOWED BY TEXAS LAW, LICENSEE COVENANTS
AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD
HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS,
EMPLOYEES, AND ELECTED OFFICIALS FROM AND AGAINST ANY AND
ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR
PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF
WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED,
ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR
INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE,
EXISTENCE, OR LOCATION OF THE ENCROACHMENT AND USES
GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN
PART, BY THE ALLEGED NEGLIGENCE OF OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND
LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR
SUCH CLAIMS OR SUITS. TO THE EXTENT ALLOWED BY TEXAS LAW,
LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND
RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL
INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN
CONNECTION WITH THE ENCROACHMENTS AND ANY AND ALL ACTS
OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR
INVITEES.
10.
While this Agreement is in effect, Licensee agrees to furnish City with a
Certificate of Insurance naming City as certificate holder as proof that is has secured and
paid for a policy of public liability insurance covering all public risks related to the
proposed use and occupancy of public property as located and described in Exhibit "A."
The amounts of such insurance shall be not less than
$1,000,000
with the understanding and agreement by Licensee that such insurance amounts may be
revised upward at City's option and that Licensee shall so revise such amounts
immediately following notice to Licensee of such requirement. Such insurance policy
shall not be canceled or amended without at least thirty (30) days prior written notice to
the Building Official of the City. A copy of such Certificate of Insurance is attached as
Exhibit "B" and incorporated herein for all purposes. Licensee agrees, binds, and
obligates itself and its successors and assigns to maintain and keep in force such public
liability insurance at all times during the term of this Agreement and until the removal of
the Encroachment and restoration of the Public Property. All insurance coverage
required herein shall include coverage of all Licensee's contractors and subcontractors.
Tier II Easement Encroachment Agreement Page 4 of 11
Revised 12/2022
11.
Licensee agrees to deposit with the City when this Agreement is executed a
sufficient sum of money to be used to pay necessary fees to record this Agreement in the
real property records of the county in which the Encroachment is located. After being
recorded, the original shall be returned to the City Secretary of the City of Fort Worth.
12.
Licensee agrees to comply fully with all applicable federal, state, and local laws,
statutes, ordinances, codes, and regulations in connection with the construction,
operation, and maintenance of the Encroachment and use of the Public Property.
13.
Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for
by this Agreement or by any federal, state, or local statute, law, or regulation.
14.
Licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as an officer, agent,
servant, or employee of City, and Licensee shall have exclusive control of and the
exclusive right to control the details of its operations, and all persons performing same,
and shall be solely responsible for the acts and omissions of its officers, agents, servants,
employees, contractors, subcontractors, licensees, and invitees. The doctrine of
respondeat superior shall not apply as between City and Licensee, its officers, agents,
servants, employees, contractors, and subcontractors, and nothing herein shall be
construed as creating a partnership or joint enterprise between City and Licensee.
15.
Licensee agrees and acknowledges that this Agreement is solely for the purpose
of permitting Licensee to construct, maintain, and locate the Encroachment over or within
the Public Property and is not a conveyance of any right, title, or interest in or to the
Public Property, nor is it meant to convey any right to use or occupy property in which a
third -party may have an interest. Licensee agrees that it will obtain all necessary
permissions before occupying such property.
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.
Tier II Easement Encroachment Agreement Page 5 of 11
Revised 12/2022
17.
The parties agree that the duties and obligations contained in Section 5 shall
survive the termination of this Agreement.
18.
Licensee covenants and agrees that it will not assign all or any of its rights,
privileges, or duties under this Agreement without the written approval of the City, and
any attempted assignment without such written approval shall be void. In the event
Licensee conveys the Property, Licensee may assign all of its rights and obligations under
this Agreement to the new owner of the Property, and Licensee shall be deemed released
from its duties and obligations hereunder upon City's approval in writing of such
assignment, which approval shall not be unreasonably conditioned or withheld.
Foreclosure by a secured lender of Licensee or assignment to a secured lender by
Licensee in the event of default or otherwise shall not require City approval provided that
said lender notifies City in writing within sixty (60) days of such foreclosure or
assignment and assumes all of Licensee's rights and obligations hereunder. However, no
change of ownership due to foreclosure or assignment to any secured lender of Licensee
shall be effective as to City unless and until written notice of such foreclosure or
assignment is provided to City.
19.
Any cause of action for breach of this Agreement shall be brought in Tarrant
County, Texas. This Agreement shall be governed by the laws of the State of Texas.
20.
This Agreement shall be binding upon the parties hereto and their successors and
assigns.
21.
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Tier II Easement Encroachment Agreement Page 6 of 11
Revised 12/2022
City:
CITY OF FORT WORTH
V;-_�
By: Dalton Harrelllfeb 14, 202413:51 CST)
D.J. Harrell, Director of the
Development Services Department
Date: Feb 14, 2024
ATTEST:
Jannette Goodall,
City Secretary
Date: Feb 14, 2024
Q oonpq�
O��OQ FORt�9.l�d
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OVo °=d
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Licensee:
Northwest Independent School ict
a Texas Public o s t
By:
President
Date:
Approved As To Form and Legality
b' ram /'
Jeremy Anato Mensah
Assistant City Attorney
Date: Feb 14, 2024
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.
R40cca, baarce-Ox'&ft'
Rebecca Diane Owen (Feb 14, 2024 13:45 CST)
Rebecca Owen
Development Services
Date: Feb 14, 2024
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Tier II Easement Encroachment Agreement Page 7 of 11
Revised 12/2022
1-- THIS' PAG'E-FURZ:ITS"Vt-FURTUWURTH-UFFIL'E-UN-E-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 14th day of
February , 2024.
Notary Public in and for the State of Texas �PRYP�a WENDY L BEARDSLEE
a° Notary Public
STATE OF TEXAS
�'9�000OFVVV�+Q. Notary I.D. 13323719-3
My Comm. Exp. July 28, 2025
- - - - - - - - - - - - - -
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
Tier II Easement Encroachment Agreement Page 8 of 11
Revised 12/2022
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
on this day personally appeared R. Stephen Sprowls, Board President
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 Northwest Independent School District, a
Public School District, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this /CA day of
1�b(LUYW, 2024.
I Q*"
JENNIFER ROBERTSNotary ID #10669430
'My commission Expires
N t Public and for the August S. 2025
State of r
Tier II Easement Encroachment Agreement Page 9 of 11
Revised 12/2022
EXHIBIT A
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement Page 10 of 11
Revised 12/2022
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City of Fort Worth, Texas tnp projeef
stale date League nail & perkins Y,m Improvements for GLP 23087
horiz 5237 N. Riverside Drive, Suite 100 P sheet
Fort Worth, Texas 76137 Cc
trr-20r 1�2�24 ,�tnp 817.336.5773 ph 817.336.2813 fx NI�71] -Administration Building
vert TBPE Registration No. F-230 EXHIBIT F PROFILE - SEWER CROSSING #8 of
NSA v..t.pin"a"' WATER EASEMENT ENCROACHMENT 15
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horiz 5237 N. Riverside Drive, Suite 100
1 "=40' 1 �q�yqtnp Fort Worth, Texas 76137
817.336.5773 ph 817.336.2813 fx
vert TBPE Registration No. F-230
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Improvements for GLP 23087
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stale date League nail & perkins Y,m Improvements for GLP 23087
horiz 5237 N. Riverside Drive, Suite 100 P sheet
Fort Worth, Texas 76137 Cc
trr-20r 1�2�24tnp 817.336.5773 ph 817.336.2813 fx NI�71] -Administration Building 13
vert TBPEReeist.rati— No. F-230 EXHIBIT F PROFILE - STORM CROSSING #7 of
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EASEMENT ENCROACHMENT a�
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City of Fort Worth, Texas tnp proj6tf
stale date League nail & perkins Y,m Improvements for GLP 23087
horiz 5237 N. Riverside Drive, Suite 100 P sheet
Fort Worth, Texas 76137 c
trr-20r 1�4�24 tnp 817.336.5773 ph 817.336.2813 fx NI�71] -Administration Building15
vert TBPEReeistrationNo.F-230 EXHIBIT G PROFILE - STORM CROSSING #3 of
NSA—.tnpin"a°' WATER EASEMFNT ENCROACHMENT 15
EXHIBIT "A"
EASEMENT ENCROACHMENT99
BEING 156 square feet of land total in 8 parts, situated in Lot 1R, Block 1, Northwest I.S.D.
Addition, an addition to the City of Fort Worth, Denton County, Texas, as filed in Instrument
#2023-156, Plat Records of Denton County, Texas (P.R.D.C.T.), and being a portion of a
tract of land described in deed to the Northwest Independent School District
(Northwest I.S.D.), as filed in Instrument #95-0042861, Deed Records of Denton County,
Texas (D.R.D.C.T.); and being more particularly described by metes and bounds as follows:
Part 1
COMMENCING at a TxDOT Monument with brass cap, found in the southwest
Right -of -Way (R-O-W) line of Highway 114 Road (variable width), also being in the
northerly line of said Lot 1R, from which an "X" cut in concrete, set at the most northerly
northeast corner of said Lot 1R, also being a re-entrant corner of R-O-W for said Highway
114 Road, bears S 66°57'39" E, a distance of 314.71 feet;
THENCE passing over and across said Lot 1R, the following courses and distances;
S 58°14'34" W, a distance of 817.24 feet to a north line of a 15' Water Easement, as
filed in Instrument #2005-122788, D.R.D.C.T., for the POINT OF BEGINNING of
the centerline of a 2.00 feet wide easement encroachment of the hereinafter described
tract of land;
S 06057'33" W, passing over and across said 15' Water Easement, along the
centerline of said 2.00 feet wide easement encroachment, a distance of 15.00 feet to
the south line of said 15' Water Easement, and the end of said easement
encroachment, and containing 30 square feet of land.
Part 2
COMMENCING at a TxDOT Monument with brass cap, found in the southwest
Right -of -Way (R-O-W) line of Highway 114 Road (variable width), also being in the
northerly line of said Lot 1 R, from which an "X" cut in concrete, set at the most northerly
northeast corner of said Lot 1R, also being a re-entrant corner of R-O-W for said Highway
114 Road, bears S 66°57'39" E, a distance of 314.71 feet;
THENCE passing over and across said Lot 1R, the following courses and distances;
Sheet 1 of 7
NWI 23290
S 25°29'59" W, a distance of 501.35 feet to a north line of a 10' Utility Easement, as
filed in Cabinet U, Page 188, P.R.D.C.T., for the POINT OF BEGINNING of the
centerline of a 2.00 feet wide easement encroachment of the hereinafter described
tract of land;
S 07°31'42" W, passing over and across said 10' Utility Easement, along the
centerline of said 2.00 feet wide easement encroachment, a distance of 10.00 feet to
the south line of said 10' Utility Easement, and the end of said easement
encroachment, and containing 20 square feet of land.
Part 3
COMMENCING at a TxDOT Monument with brass cap, found in the southwest
Right -of -Way (R-O-W) line of Highway 114 Road (variable width), also being in the
northerly line of said Lot 1R, from which an "X" cut in concrete, set at the most northerly
northeast corner of said Lot 1R, also being a re-entrant corner of R-O-W for said Highway
114 Road, bears S 66057'39" E, a distance of 314.71 feet;
THENCE passing over and across said Lot 1R, the following courses and distances;
S 06'18'09" W, a distance of 793.80 feet to a north line of a 10' Utility Easement, as
filed in Cabinet U, Page 188, P.R.D.C.T., for the POINT OF BEGINNING of the
centerline of a 2.00 feet wide easement encroachment of the hereinafter described
tract of land;
S 07°03'31" W, passing over and across said 10' Utility Easement, along the
centerline of said 2.00 feet wide easement encroachment, a distance of 10.00 feet to
the south line of said 10' Utility Easement, and the end of said easement
encroachment, and containing 20 square feet of land.
Part 4
COMMENCING at a TxDOT Monument with brass cap, found in the southwest
Right -of -Way (R-O-W) line of Highway 114 Road (variable width), also being in the
northerly line of said Lot 1R, from which an "X" cut in concrete, set at the most northerly
northeast corner of said Lot IR, also being a re-entrant corner of R-O-W for said Highway
114 Road, bears S 66°57'39" E, a distance of 314.71 feet;
THENCE passing over and across said Lot 1R, the following courses and distances;
S 03°09'24" E, a distance of 464.07 feet to a north line of a 10' Utility Easement, as
filed in Cabinet U, Page 188, P.R.D.C.T., for the POINT OF BEGINNING of the
centerline of a 2.00 feet wide easement encroachment of the hereinafter described
tract of land;
Sheet 2 of 7
NWI 23290
S 06°57'33" W, passing over and across said 10' Utility Easement, along the
centerline of said 2.00 feet wide easement encroachment, a distance of 10.00 feet to
the south line of said 10' Utility Easement, and the end of said easement
encroachment, and containing 20 square feet of land.
Part 5
COMMENCING at a TxDOT Monument with brass cap, found in the southwest
Right -of -Way (R-O-W) line of Highway 114 Road (variable width), also being in the
northerly line of said Lot 1R, from which an "X" cut in concrete, set at the most northerly
northeast corner of said Lot 1R, also being a re-entrant corner of R-O-W for said Highway
114 Road, bears S 66°57'39" E, a distance of 314.71 feet;
THENCE passing over and across said Lot 1R, the following courses and distances;
S 04°04'28" E, a distance of 465.46 feet to a north line of a 10' Utility Easement, as
filed in Cabinet U, Page 188, P.R.D.C.T., for the POINT OF BEGINNING of the
centerline of a 1.00 feet wide easement encroachment of the hereinafter described
tract of land;
S 06°57'33" W, passing over and across said 10' Utility Easement, along the
centerline of said 1.00 feet wide easement encroachment, a distance of 10.00 feet to
the south line of said 10' Utility Easement, and the end of said easement
encroachment, and containing 10 square feet of land.
Part 6
COMMENCING at a TxDOT Monument with brass cap, found in the southwest
Right -of -Way (R-O-W) line of Highway 114 Road (variable width), also being in the
northerly line of said Lot 1R, from which an "X" cut in concrete, set at the most northerly
northeast corner of said Lot 1R, also being a re-entrant corner of R-O-W for said Highway
114 Road, bears S 66057'39" E, a distance of 314.71 feet;
THENCE passing over and across said Lot 1R, the following courses and distances;
S 14°28'34" E, a distance of 490.81 feet to a north line of a 10' Utility Easement, as
filed in Cabinet U, Page 188, P.R.D.C.T., for the POINT OF BEGINNING of the
centerline of a 2.00 feet wide easement encroachment of the hereinafter described
tract of land;
S 06°57'33" W, passing over and across said 10' Utility Easement, along the
centerline of said 2.00 feet wide easement encroachment, a distance of 10.00 feet to
the south line of said 10' Utility Easement, and the end of said easement
encroachment, and containing 20 square feet of land.
Sheet 3 of 7
NWI 23290
Part 7
COMMENCING at a TxDOT Monument with brass cap, found in the southwest
Right -of -Way (R-O-W) line of Highway 114 Road (variable width), also being in the
northerly line of said Lot 1R, from which an "X" cut in concrete, set at the most northerly
northeast corner of said Lot 1R, also being a re-entrant corner of R-O-W for said Highway
114 Road, bears S 66°57'39" E, a distance of 314.71 feet;
THENCE passing over and across said Lot 1R, the following courses and distances;
S 17°58'49" E, a distance of 757.64 feet to a west line of a 10' Utility Easement, as
filed in Cabinet U, Page 188, P.R.D.C.T., for the POINT OF BEGINNING of the
centerline of a 2.00 feet wide easement encroachment of the hereinafter described
tract of land;
S 83°08'27" E, passing over and across said 10' Utility Easement, along the
centerline of said 2.00 feet wide easement encroachment, a distance of 10.00 feet to
the east line of said 10' Utility Easement, and the end of said easement encroachment,
and containing 20 square feet of land.
Part 8
COMMENCING at a TxDOT Monument with brass cap, found in the southwest
Right -of -Way (R-O-W) line of Highway 114 Road (variable width), also being in the
northerly line of said Lot 1R, from which an "X" cut in concrete, set at the most northerly
northeast corner of said Lot 1R, also being a re-entrant corner of R-O-W for said Highway
114 Road, bears S 66°57'39" E, a distance of 314.71 feet;
THENCE passing over and across said Lot 1R, the following courses and distances;
S 34°04'28" E, a distance of 473.57 feet to a west line of a 15' Water Easement, as
fled in Instrument #2018-138831, D.R.D.C.T., for the POINT OF BEGINNING of
the centerline of a 1.00 feet wide easement encroachment of the hereinafter described
tract of land;
S 60°50'34" E, passing over and across said 15' Water Easement, along the centerline
of said 1.00 feet wide easement encroachment, a distance of 16.18 feet to the east
line of said Water Easement, and the end of said easement encroachment, and
containing 16 square feet of land.
Sheet 4 of 7
NWI 23290
...:.........................
0 THERON W. SIMS
( C�11, 2024 ......................... ti...
:q 5887 �r
Therin W. Sims, R.P.L.S. �•.�oF 10�?:��
Texas Registration No. 5887 ��a .SUR`t��o
Surveyed on the ground May 5, 2023
1. Bearings of lines shown hereon refer to Grid North of the Texas Coordinate System of 1983
(North Central Zone; NAD83(2011) 2010.00) as derived locally from Allterra Central's
Continuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK) methods.
An average Combination Factor of 1.00015063 was used to scale grid coordinates and distances
to surface.
2. Integral parts of this survey:
a. Legal Description
b. Sketch
Sheet 5 of 7
NWI 23290
ATMOS ENERGY ESM'T. `
INST. #2013-45585 `
D.R.D.C.T. `\
10' U.E.
CAB,U, PG. 188
P.R.O.C.T '� 10' U.E.
ry i/ CAB, U. PG. 188 wry �C 4i0
/f �r P.R.D.C.T.`s
ACCESS SM'T.
n�� INST #20$7i.1971-�,/u ., D.R.Dr"� / ii
NORTHWEST I.S.D. i i / 1l
VOL. 352, PG. 518 I ' 1 //
D. R. D. C. T. 111 IN:
r
10' U.E
12021-10631
D.R.D.C.T.
NOTES:
1) Bearings of lines shown hereon refer to Grid North of the Texas
Coordinate System of 1983 (North Central Zone; Continu2011)
ously
\ .
2010.00) as derived locally from Allterca Central's Continuously �w\
Operating Reference Stations (CORS) via Real Time Kinematic ��„OF,TF
(RTK) methods. An average Combination Factor of 1.00015063 P.•'G % S T ER
Fc•*6 THERON W. SIMS, R.P.L. .
was used to scale grid coordinates and distances to surface. oj; TEXAS REGISTRATION NO. 5887
2) Integral parts of this survey: �_ .... ..........�...�.....����
a. Le al Des o lion THERON W. SIMS Date: Jan. 1 1, 2024
9 P ..% ..................... % ..
b. Sketch i :,o 5887
,� SCALE: 1 "=300' 1 �y ��FE S S
Np •SURN�y
P.O.C"�`,
TxDOT MON. WITH
BRASS CAP FND. \ ` P.O.B. (Part 8)
CONTROL MON.) 1 'x 16.2' ENCROACHMENT
J (16 S.F.)
ill NORTHWEST I.S.D. 7RFC` INST f 95 0042861 �0 A,
i
ACCESS ESM'T. D.R.D. C. T. CO \ `
.� INST. 12007-1971 ' �;; P.O.B. Part 5 N'104 \
f D.R.D.C.T. ( ) 3)
10' . U.E. ��. �
CAB, U, PG. 188
P.R.D.C.T.
1 'x 10' ENCROACHMENT Sg 4) X CUT SET \
LOT 1R, BLK. 1 (10 S.F.) 65�39, IN CONC.
NORTHWEST I.S.D. ADD N. F CONTROL MON.)
INST. #2023-156, P.R.D.C.T.
2 x 10' ENCROACHMENT 1
(20 S.F.)
i 10' U.E. �.
i CAB. U, PG. 188 20, WATER ESM'T.,
P.R.D.C.T. INST. 12005- 722785'
D.R.D.C.T. \\
75' WATER ESM'T
INST. #2005-1227t
D.R.D.C.T.
P.O.B. (Part 1)
2'x 15' ENCROACHMENT
(30 S.F.)
10' U.E.-�
`.� CAB. U, PG. 188
P.R.D.C.T.
70' U.E.
INST. 12021--
D.R.D.C.T.
15' WATER ESM'T.
INST. #2019-1592'
D.R.D.C.T.
P.O.B. (Part 2) L1
2'x10' ENCROACHMENT— L1
5 (20 S.F.)
P.O.B. (Part 3)
2 x 10' ENCROACHMENT -�
(20 S.F.)
VOL. 1782 'PG
_ 918,- D.R.D.C.T.,
-->1--- --
10' U.E. _ ---
LOT 1 R, BLK. 1 CAB. U, PG. 188
P.R.D.C.T.
NORTHWEST I.S.D. ADD N.
INST. 12023-156
P.R.D.C.T.
TEXAN DR:
league Hall & Perkins NORTHWEST I.S.D.
^,16, VOL. 1607, PG. 797
5237 N. Riverside Drive, Suite 100 D.R.D.C.T.
Fort Worth, Texas 76137 SHEET 6 OF 7
817.336.5773 ph 817.332.7756 Fx
\ tnp
/ TBPLS Registration No. 100116-00 JOB NO. NW/ 23290
Surveyed on the ground
May 5, 2023
P.O.B. (Part 6)
- 2 x 10' ENCROACHMENT
(20 S.F.)
/-L15 `-��,
4)
15' WATER
FACILITY ESM'T. '
INST. 12018-138831
D.R.D.C.T.
JEANNIE SHELTON
VOL. 4467, PG. 1559
D.R.D.C.T.
i--L16
P.O.B. (Part 7)
`-2'x 10' ENCROACHMENT
(20 S.F.) I
LINE #
DIRECTION
LENGTH
L1
S58'14'34"W
817.24'
L2
S25'29'59"W
501.35'
L3
S06'18'09"W
793.80'
L4
S03'09'24"E
464.07'
L5
SOVO4'28"E
465.46'
L6
S14'28'34"E
490.81'
L7
S17'58'49"E
757.64'
L8
S34'04'28"E
473.57'
L9
S06'57'33"W
15.00'
L10
S07'31'42"W
10.00'
L1 1
S07'03'31 "W
10.00'
L12
S06'57'33"W
10.00'
L13
S06'57'33"W
10.00'
L14
S06'57'33"W
10.00'
L15
S60'50'34"E
16.18'
L16
S83'08'27"E
10.00'
LOT
1, BLK. 1
TMS SELF STORAGE
INST.
#2019-13
P.R.D.C.T.
1;i 1 I EXIIIBIT "B"
EASEMENT ENCROACHMENT
Being a portion of Lot 1R, Block 1, Northwest I.S.D. Addition, an
addition to the City of Fort Worth, Denton County, Texas, as filed
in Instrument #2023-156, Plat Records of Denton County, Texas.
EXHIBIT "B"
EASEMENT ENCROACHMENT
Being a portion of Lot 1R, Block 1, Northwest I.S.D. Addition, an
addition to the City of Fort Worth, Denton County, Texas, as filed
in Instrument #2023-156, Plat Records of Denton County, Texas.
NOTE.•
DETAILS NOT TO SCALE ,
gyp,,•,•.
�11 '
P.O.B. (Part 1)
2 x 15' ENCROACHMENT `'� P.O.B. (Part 2)
(JO S.F.) 2x10' ENCROACHMENT-
( ------- -__ 10' U.E. r- (20 S.F.)
-- -_ --- -� CAB. U. PG. 188
i i------i•i'' P.R.D.C.T. ( 1
I
r -------- -_ i i .��'------ L------ _
1---____ I I -.� ,-------
i L9 ----
' ' 20' WATER ESM'T.,
15' WATER ESM'T. INST. 12005-122785 L1
INST 112005-122788 D. R. D. C. T.
D. R. D. C. T.
I .
1 �
� I
v.� 10' U.E.
{ i CAB. U, PG. 188
P.R.D.C.T.
W
v
NOT TO SCALE
LOT 1 R, BLK. 1
NORTHWEST I.S.D. ADDITION
INST. #2023-156
P.R.D.C.T.
NORTHWEST I.S.D.
INST. 195-0042861
D. R. D. C. T.
TxDOT MON. WITH
BRASS CAP FND.
(CONTROL MON.)
Ah
�o
Nam. •.
P.O.B. (Part 5)
1 'x 10' ENCROACHMENT
(10 S.F.)
P.O.B. (Part 4)
2 x 10' ENCROACHMENT
(20 S.F.)
L1
Fo,� a�R .r1 ►� 11',��;.
S66 S� O
P
/
0 39
NT
Ro
X" CUT SET1
IN CONC.
(CONTROL MON.)
-
0.'
to:: to
'•.
•:
00
uj ::
'• WATER FACILITY ESM'T.
uJ
00
15'
'• INST. 112018-138831 I
0::0
r
to i
in'. tn
I
N P.O.B. I ;
'. (Part 8) 1 'x 16.2'
t!1 '• cnrr•r�ne�u�icnirtii� 1
13
(16 S.F.)
---- L15—J i
-------------- -- - ---- ----------------------i
I
P.O.B. (Part 6)
2'x 10' ENCROACHMENT
(20 S.F.) '.
00
Ni
:M
P.O.B. (Part 3)
2'x 10' ENCROACHMENT
(20 S.F.) CO
1
teague Hall &Perkins
5237 N. Riverside Drive, Suite 100 � ( CAB. 1U, PG. 188
Forf worth, Texas 76137 SHEET 7 OF 7 i ; P.R.D.C.T.
817.336.5773 ph 817.332.7756 fx
\ p
w.tnpinc.com / TBPLS Registration No. 100116-00 JOB No. NW/ 23290
• ,I
1
,
I �
l 1 �
I �
I
�
' ' 1
P.O.B. (Part
7)
2 x 10' ENCROACHMENT I
(20 S.F.)
1
I
L16
--
' 1
---- -_____-__-____
-L11 '-�j,
J
10' U.E.
CAB. U, PG. 188
P.R.D.C.T.
JOB No. NW/ 23290
EXHIBIT B
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 11 of 11
Revised 12/2022