Loading...
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 o C )6.00 OVo °=d ���Il nEX ASoq 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 I LOCATION MAP NOT TO SCALE 7/ 1 /C STORE CROSSING A L \ Of � / ' WA TER ESM'T. 0 INST, jf2005-122788 D.R.D.C. T. I 10' EX. UTILITY ESM'T. CAB, U, PG. 188 P.R.D.C. //T. 'Illlllllllr'llll)�� 566•:S � \ 1ST �F \e �\` O r STORM I CROSSING - 2 SEWER Tf�� CROSSING jf8 STORM SEWER CROSSING )-W1� CROSSING ,14 15 STORM CROSSING f6 14, IIII IIIIII — • $ 0 _ _ I ullll flllllllll = 10'EX. UIIUTYESM'T. o�p� — _ = CAB, U, PG. 188 f GRAPHIC SCALE — P.R.D.C.T. 200 0 100 200 400= GRAPHIC SCALE: 1" = 200' scale date League nail Drive, pits 100 horiz 5237 N. Riverside Drive, Suite 100 1 rr-200r 1 /2/24tnp Fort Worth, Texas 76137 817.336.5773 ph 817.336.2813 fx v rt TBPE Registration No. F-230 NSA wwwAnpinc.com STORM CROSSING I3 15' EX. WA TER ESM'T. I� INST. 12018— U801 I D.R.D.C. T. 10' EX. UTILITY ESM'T, CAB, U, PG. 188 P.R.D. C, T. STORM CROSSING #7 f O 1:2J'J6 "E __4_ N— -- City of Fort Worth, Texas i r°a praietr , Improvements for 1 GLP 23087 NISD - Administration Building sheet EXHIBIT A of VICINITY EXHIBIT 15 I I I to I I I I a I I a I I I I I I I I � 1�ONC! 'AVIN_� 12"RCP EX 12" PUBLIC WATER GRAPHIC SCALE 20 0 10 20 40 GRAPHIC SCA1 F: 1" Or scale date horiz tnp 1 " =20' 1 /2/24 verf N/A 1 1 — J 1 `-' �II I I c} I I L _ — CQNC. I �� EXISTING 15' WATER EASEMENT 1- RCP ______1= � ------ - I- t t I STORM CROS�IVG1— — I _ —1 — — I PRIG=SO--L=----_ League nail & perkins City of Fort Worth, Texas GLP 23087 5237 N. Riverside Drive, Suite 100 Improvements for Fort Worth, Texas 76137 817.336.5773 ph 817.336.2813 fx NISD - Administration Building sheet 2 TBPE Registration No. F-230 EXHIBIT B PLAN of www.tnpinc.com WATER EASEMENT ENCROACHMENT 15 EX/SANS GROU D T� SCALE: HOR: 1 " = 40' PROPOSED OU D c � \ �l II ME VER:1 " = 4' EXISTING f5 A TER fA E T EXIST 8'IPUIUC WL��,r.� II PROP PRIVA TE 12" Wmi • : e, M w w cry J 0_ w Of \ CL L.L_ —0+50 0+00 a, 2 � 41 680 � w _ O UJ oo�`�°� k�N� a w C J 0+75 scale date teague nail & perkins City of Fort Worth, Texas GLP 23087 hori: 5237 N. Riverside Drive, Suite 100 Improvements for 1 r,=40r Fort Worth, Texas 76137 c sheet 1�2�24tnp 817.336.5773 ph 6,7.336.2813fx NI$� -Administration Building 3 vert TBPERegistrafionNo. F-230 EXHIBIT B PROFILE - STORM CROSSING #1 of N/A—tnpin—orn WATER EASEMENT ENCROACHMENT 15 i � o i Nx 0 o j c==== o O / o , m4== i -EXISTING 10' WATER EASEMENT STORM CROSSING f2 EX8" PUBLIC Cr tnp� I ,I a r I GRAPHIC SCALE 20 0 10 20 40 1 z a�1._._ — _ I_ 4; I D8F . GRAPHIC SCALE: 1" = 20' scale date League nail & perkins City of Fort Worth, Texas GLP 23087 horiz 5237 N. Riverside Drive, Suite 100 Improvements for 111=20• 1/2/24tnp Fort Worth, Texas76137 NISD - Administration Building sheet 817.336.5773 ph 817.336.2813 fx 4 vert TBPE Registration No. F-230 EXHIBIT C PLAN of N/a www.tnpin—om WATER EASEMENT ENCROACHMENT 15 A scale date horiz 1 "=40' 1 /2/24 vent N/A I IXl_-71N7 OU D �'T EXIS1►NG 10' WA _ 690 �` EXIc-T PUBLIC Y" jai- 680 y 1 0 W I C) J 0- C) J � _ tnp SCALE.• �o T HOR: 1 " = 40' h nc • ni \ VER:1 " = 4' T- I 690 --- "" -- PROP 6- SS 680 0+00 League nail & perkins 5237 N. Riverside Drive, Suite 100 Fort Worth, Texas 76137 817.336.5773 ph 817.336.2813 fx TBPE Registration No. F-230 www.tnpinc.com Y Y W � 2 q a% ce% CA O O� r;ZU- 1+00 U W N LU M W O M L- City of Fort Worth, Texas tnp project Improvements for GLP 23087 NISD - Administration Building sheet EXHIBIT C PROFILE - STORM CROSSING #2 o✓off WATER EASEMENT ENCROACHMENT 15 A C tnp r C1�4 Q o 0 0 O *ER i'OSS/ G 15 o EXISTI G 10' WA TER EA STORM CROSSING 14 I X 8" TBUC ATER , _ — — — --- — STORM CROSSI�G '6 -- ---- AJ 0 C I\ UNKNOWN 1" I GRAPHIC SCALE 20 0 10 20 40 \ • GRAPHIC SCALE: 1" = 20' stale date teague nail & pite100 horiz 5237 N. Riverside Drive, Suite 100 f rr_20r f �2/24tnp Fort Worth, Texas 76137 817.336.5773 ph 817.336.2813 fx vert TBPE Registration No. F-230 N/A www.tnpinc.com City of Fort Worth, Texas tnp proiear Improvements for GLP 23087 NISD - Administration Building sheet EXHIBIT D PLAN ooff WATER EASEMENT ENCROACHMENT 15 E CROLND AT � ���F PROP )SEP GROW AT-\ c�. ur rit t 690 SCALE: HOR:1 " = 40' I I DER:1 " = 4' I I 690 ' PROP 3' K EXST 8" bU&N K PROP PR/VA TE 12 YDEE LIM— 1� 680 / 680 II O O O O w O� 0 O W obi o nr cotio > W o� O W OJ oon oo:k �o O� Of � CLLi scale date League nail & perkins City of Fort Worth, Texas GLP 23087, horiz 1"=40� , y 24tnp 5237 N. Riverside Drive, Suite 100 Fort Worth, Texas76137 Ph fx 817TBPE Improvements for NISD - Administration Building sheet vert on No. F230 TBPERegistrationNo.F-230 egi EXHIBIT DPROFILE -STORM CROSSING #4 of N/A www.tnpinc.com WATER EASEMFNT ENCROACHMENT 15 1 SCALE: f'KJV WAI& HOR: I" = 40' VER: 1 " = 4' 690 690 -FYST ,3�-'U V K EX/Se Gh4DE I r ',,,GEMDVT 5TUX12-EED SAND ®I PIP: IX / -- - r AT -- b , DP-26) ® 4.397. 680 - �� �--- - 680 EX/S11NG 10' WA TER USMEN 1 +00 2+00 2+50 scale date teague nail & perkins City of Fort Worth, Texas GLP 23087 hori: 5237 N. Riverside Drive, Suite 100 Improvements for 1 r,=40r Fort Worth, Texas 76137 c sheet 1�2�24tnp 817.336.5773 ph 6,7.336.2813fx Nl$� -Administration Building 8 vert TBPERegistrafionNo. F-230 EXHIBIT D PROFILE - SEWER CROSSING #5 of N/A—tnpin—orn WATER EASEMENT ENCROACHMENT 15 PROPOSED GROUND A MISM GR(V A ' a OF PIPd a ��IPE 690 ,- PR � o w cn __j 0- L IJ O J Of \ CL L.L_ v 2+50 3+00 stale date League nail & perkins horiz 5237 N. Riverside Drive, Suite 100 tnpFort Worth, Texas 76137 rr-40r 1 �2�24 817.336.5773 ph 817.336.2813 fx vert TBPE Registration No. F-230 N/A www.mpin c.cam SCALE: HOR: 1 " = 40' VER: 1 " = 4' ONO Cn cn UJ O H w - CD Of\ -T—r II �LI- 4+00 City of Fort Worth, Texas tnp projeef Improvements for GLP 23087 sheet NISD - Administration Building of EXHIBIT D PROFILE - STORM CROSSING #6 WATER EASEMENT ENCROACHMENT 15 ;xoo 1 1 II EXISTING 15' WA TER EASEMENT %Oak-1 I I SEWER CROSSING 18 40 II SSMH (CONC. ) I 1 RIM ELEV. = 683.37' I EX 8" PUBLIC WATER " I I 6 PVC (NW) FL = 67I.94 I I PVC (S) FL = 67I.99' tnp GRAPHIC SCALE 20 0 10 20 40 I I GRAPHIC SCALE: 1" = 20' scale date ♦ teague nail & perkins City of Fort Worth, Texas GLP 23087 horiz 5237 N. Riverside Drive, Suite 100 Improvements for sheet ,••_20• 1�2�24tnp Fort Worth, Texas76137 817.336.5773 ph 817.336.2813 fx NISD - Administration Building 1 0 vert TBPE Registration No. F-230 EXHIBIT E PLAN of NSA Wv, tnpin`.`om WATER EASEMENT ENCROACHMENT 15 1 I SCALE.- p HOR: 1 " = 40' P/ E \ T r DER: 1 " = 4' IJ I I IN"'�EXST Ra0E 680 ® 680 I-EYIST 8" EX/SANG 15' WUSR EASM?,_ _ %'�j Iti ttJ M)w PTOP PRIVATE f 8 PVC (SUR- 26) ® 0.409 670 670 w -� w LIJ LIJ a_ Of � � O � CL Li (n 8 Q 4 CL Li -0+50 0+00 1 +00 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 A I I I \ I I I 1 V. I I UNKNOWN 1" PIPE IPE \ I I I I \ I I I � I � I II I \ \ It I EX 8" PUBLIC WATER I I GRAPHIC SCALE I 1 I I 20 0 10 20 40 I I 00 GRAPHIC SCALE: 1" = 20' scale date teague nail & pite100 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 N/A www.tnpin—om ✓G 10' WA TER EASEMENT FR CROSSING 17 MH (CONC. ) � ELEV. = 684.26' PVC (N) FL=670.36' PVC (S) FL = 670.25' ,I I I tl I City of Fort Worth, Texas tnp proiear Improvements for GLP 23087 NISD - Administration Building sheet l EXHIBIT F PLAN of WATER EASEMENT ENCROACHMENT 15 1 690 JJ1 PROPOSED 66 4L EXIS11NG GROUND I A T CL OF PPE 680 I o w w __j cn a_ w O J 0f \ a_Li i IN U SCALE: HOR: 1 " = 40' VER:1 " = 4' nivC 10 TER EASEMENT 690 ND AT / 0 � PAE I / -- FzI/ - EX " rUB C ItJ II � 5+00 5+50 10" HDPE 0 5.37% C:) w (D J a_ w O J w w Cit of Fort Worth, Texas 'np 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�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 NSA WWW'npin-om WATER EASEMENT ENCROACHMENT 15 ►i T.................... - - 1+� \_ � EX g" pUBIJC WATER 1 STORM CROSSING 1 481 EX r l I -----------------------I--------- -.E---ISMIVGlO'-WAIEREASEMENT_ I / i I Ij I�� � , ynp protect GRAPHIC SCA Ao I t xas GLP 43087 10 20 0 20 ee = nnr GRAPHIC SCALE: 1 20 scale date horiz t TIP I1 =40' 114j24 ven �ity of tort wort a sheet k Improvements for 4 gUildln, of erkins MISD - Administration teague nall & p EXHIBIT G PROFILE 1 5237 N. Riverside Drive, Suite 100 - 2613 EASEMENT ENCROACHMENT a� Fort W„th, 7exos 76137 W pTER $17-336.5773 ph 817.336'-230 fx TBPE Registrotion No. F-230 ` t", t inc.com SCALE: HOR: 1 " = 40' VER. 1 " = 4' EXISANG 10' W� MR EAZME:NT �I EX/SANG GROUAL p� I I I-PA?OPOSED GROUND AT CL OF ...E / CE OF PIPE 690 690 PPUP PRI VA TE LOWER EXIST 8" 15" HDPE ®2.18�' WL I � BY CITY FORCES -� (WMP-23-00191) I I �� PROP PR/VA TE "t 0. 15" HDPE IFROF VA 11 ®2.189 PROP PR/VA TE_l I - ,ASS 18" HDPE 0 0.88% W W +� I I L 680 �q� I I 680 p W W a o> .N QI � W O J N O 0 0 '� I#�O ' a �O O J LLI A OO ^'�j � s ";0 �a a- w O J 0 0 cp 4� ..11 �N s'� cp ^ ao O J LL I..L (n I �G 4\ - 1 +00 2+00 2+50 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