HomeMy WebLinkAboutContract 61057Date Received: 3/7/2024 Record Number: PN23-00066
Time Received: 9:12 a.m. City Secretary No.: 61057
PUBLIC PROPERTY RIGHT-OF-WAY ENCROACHMENT LICENSE
AGREEMENT
TIER II
THIS AGREEMENT is made and entered into by and between THE CITY OF
FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"),
acting by and through its duly authorized City Manager, Assistant City Manager, or
Director of the Development Services Department, and The Harden, LLC, a Texas
limited liability company ("Licensee"), acting by and through its duly authorized Senior
Vice President.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 1400
Henderson Street, Fort Worth, Texas 76102 ("Property"), being more particular
described as, that certain tract of land lying and being a part of the Sarah Gray Jennings
Survey, Abstract No. 844 and being a part of Lot 10R, of Texas & Pacific Railway
Addition, by Instrument Number D223151736, in Tarrant County, Texas, and;
WHEREAS, the City owns a right-of-way (the "Public Property") adjacent to
the Property, recorded in the deed records of Tarrant County by instrument number
D199181143; and
WHEREAS, Licensee desires to construct, place, and maintain certain
improvements which will encroach in, on, above, or below the Public Property; and
WHEREAS, to accommodate the needs of the Licensee, the City will allow the
encroachment under the terms and conditions as set forth in this Agreement.
NOW, THEREFORE, the City and Licensee agree as follows:
AGREEMENT
1.
The City, in consideration of the payment by Licensee of the fee set out below
and covenants and agreements hereinafter contained to be kept and performed by
Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and
occupy a portion of the City's Public Property as described in and at the location shown
on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing,
installing, and maintaining a private sewer, storm drain line and enhanced paving (the
"Encroachment"). Upon completion of the Encroachment, Licensee agrees to be
OFFICIAL RECORD
Tier II ROW Encroachment Agreement CITY SECRETARY Page 1 of 13
FT. WORTH, TX Revised 12/2022
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.
0
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.
9
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
Tier II ROW Encroachment Agreement Page 2 of 13
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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). Additionally, Licensee
agrees to pay a fee in the amount of the encroachment area upon execution of this
Agreement and annually thereafter.
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.
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9.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
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. 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.
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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.
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16.
In any action brought by the City for the enforcement of the obligations of the
Licensee, City shall be entitled to recover interest and reasonable attorneys' fees.
17.
The parties agree that the duties and obligations contained in Section 5 shall
survive the termination of this Agreement.
18.
Licensee covenants and agrees that it will not assign all or any of its rights,
privileges, or duties under this Agreement without the written approval of the City, and
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
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Revised 12/2022
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Tier II ROW Encroachment Agreement Page 7 of 13
Revised 12/2022
City:
CITY OF FORT WORTH
D&O11 tfavreU
By: Dalton Harrell (Mar 7, 202408:29 CST)
D.J. Harrell, Director of the
Development Services Department
Date: M a r 7, 2024
4g4��on
b�
eF FO°°Rr aa gATTEST: ;' °O�°o
Oo-1d
U aaa o�'EXASoAp
4�1104444
Janette Goodall,
City Secretary
Date: Mar 7, 2024
Licensee:
The Harden, LLC
a Texas limited liability company
By:
e: Jess Green
Title: Senior Vice President
Date: 42 - /V' a4 Qq
Approved As To Form and Legality
Jeremy Anato-Mensah
Assistant City Attorney
Date: Feb 26, 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.
Rebecca Diane Owen (Feb 26, 202415:58 CST)
Rebecca Owen
Development Services
Date: Feb 26, 2024
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Tier Il ROW Encroachment Agreement Page 8 of 13
Revised 12/2022
Y 0 I LY'J l!i 1.OLI1:i�J Y 11''lIJ Yt 0W .A Y\V0j 'AN 0 K$J O O Lai D&WI DIIJU r1''
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 7th day of
March , 2024 .
Notary Public in and for the State of Texas
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
PRv Pie WENDY L BEARDSLEE
o Notary Public
* * STATE OF TEXAS
n, e Notary I.D. 13323719-3
9�F0F+ My Comm. Exp. July 28, 2025
Tier II ROW Encroachment Agreement
Page 9 of 13
Revised 12/2022
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
7s�i►.z, on
this day personally appeared —7rSS 6r<<2
SCalQi V G e%Prefil"tTitle) 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
7 A . a Lei teol type), and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ILA day of
, 20 7-Lk.
Notary Public in and for the
State of
Tier Il ROW Encroachment Agreement
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' ApHI 19, 2025
Page 10 of 13
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EXHIBIT A
Depiction and description of the Encroachment
Tier II ROW Encroachment Agreement Page 11 of 13
Revised 12/2022
1
ENHANCED
PAVING
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EXHIBIT C-1
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PROJECT
LOCATION
DEVELOPER: ENGINEER:
PUBLIC MARKET
THE HARDEN, LLC SITE LOCATION MAP 801 y�HOR
CHET
1321 MARKUM GATE WAY SUITE 10C IPRC RECORD NO 01 CHERRY STREET
FORT WORTH, TX 76126 IPRC22-0255/IPRC23-0041 SUITE 1300
CONTACT: JESS GREEN CITY PROJECT NO 104662/104792 FORT WORTH, TX 76102
ENGINEERING FIRM REGISTRATION # F-928
LEGAL DESCRIPTION
BEING a 3,678 square foot (0.0844 acre) tract of land situated in the Sarah Jennings Survey, Abstract No. 844, and
being a portion of West El Paso Street and Henderson Street, in the City of Fort Worth, Tarrant County, Texas, and
being more particularly described as follows:
BEGINNING at a cut "X" found for the northeast corner of Block 1OR, Texas and Pacific Railway Company Addition,
an addition to the City of Fort Worth, Tarrant County, Texas according to the plat recorded in Volume 388-186, Page
65, Plat Records, Tarrant County, Texas, and being in the intersection of the west right-of-way line of Henderson
Street and the south right-of-way line of West El Paso Street;
THENCE South 89°16'12" West, along the north line of said Lot 1OR, a distance of 62.55 feet to a point for corner,
from which a crows foot found bears South 89'16'12" West a distance of 79.24 feet;
THENCE North 00°43'48" West, departing said north line, a distance of 5.40 feet to a point for corner, being the
beginning of a tangent curve to the right with a radius of 1.50 feet, a central angle of 90°00'00", and a chord bearing
and distance of North 44°16'12" East, 2.12 feet;
THENCE in a northeasterly direction, with said tangent curve to the right, an arc distance of 2.36 feet to a point for
corner;
THENCE North 89'16'12" East, a distance of 3.00 feet to a point for corner;
THENCE North 00°43'48" West, a distance of 24.40 feet to a point for corner;
THENCE South 89°16'12" West, a distance of 70.00 feet to a point for corner, being the beginning of a non -tangent
curve to the left with a radius of 2.00 feet, a central angle of 89°59'23", and a chord bearing and distance of North
44'15'54" East, 2.83 feet;
THENCE in a northeasterly direction, with said non -tangent curve to the left, an arc distance of 3.14 feet to a point
for corner;
THENCE North 00°43'48" West, a distance of 16.10 feet to a point for corner;
THENCE North 89'16'12" East, a distance of 63.00 feet to a point for corner;
THENCE South 00°43'48" East, a distance of 16.00 feet to a point for corner, being the beginning of a tangent curve
to the left with a radius of 2.00 feet, a central angle of 90°00'00", and a chord bearing and distance of South
45°43'48" East, 2.83 feet;
THENCE in a southeasterly direction, with said tangent curve to the left, an arc distance of 3.14 feet to a point for
corner;
THENCE North 89'16'12" East, a distance of 48.88 feet to a point for corner, being the beginning of a tangent curve
to the left with a radius of 20.00 feet, a central angle of 91 °58'43", and a chord bearing and distance of North
43'16'50" East, 28.77 feet;
CONTINUED ON SHEET 2
ENCROACHMENT AGREEMENT
SARAH JENNINGS SURVEY
ABSTRACT NO. 844
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
Kimlev*Horn
801 Cherry Street, Unit 11, # 1300Tel. No. (817) 335-6511
Fort Worth, Texas 76102 FIRM # 10194040 w w.kimley-horn.com
Scale I Drawn by Checked by Date Project No. Sheet No.
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LEGAL DESCRIPTION (CONTINUED)
THENCE in a northeasterly direction, with said tangent curve to the left, an arc distance of 32.11 feet to a point for
corner;
THENCE South 02°42'31" East, a distance of 64.04 feet to a point for corner, being the beginning of a non -tangent
curve to the right with a radius of 120.81 feet, a central angle of 07°29'52", and a chord bearing and distance of
South 09°26'30" West, 15.80 feet;
THENCE in a southwesterly direction, with said non -tangent curve to the right, an arc distance of 15.81 feet to a
point for corner, being the beginning of a non -tangent curve to the right with a radius of 40.00 feet, a central angle of
14°49'52", and a chord bearing and distance of South 28°14'00" West, 10.33 feet;
THENCE in a southwesterly direction, with said non -tangent curve to the right, an arc distance of 10.35 feet to a
point for corner, being the beginning of a non -tangent curve to the left with a radius of 6.19 feet, a central angle of
30°56'26", and a chord bearing and distance of South 47°00'45" West, 3.30 feet;
THENCE in a southwesterly direction, with said non -tangent curve to the left, an arc distance of 3.34 feet to a point
for corner in the east line of said Block 1 OR;
THENCE North 00'25'15" West, along the said east line, a distance of 38.72 feet to the POINT OF BEGINNING and
containing 3,678 square feet or 0.0844 acres of land, more or less.
NOTES:
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202).
A survey plat of even survey date herewith accompanies this metes and bounds description.
The undersigned, Registered Professional Land Surveyor, hereby certifies that foregoing description accurately sets
out the metes and bounds of the encroachment tract.
w
OF T
/JOSHUA D. WARGO`
REGISTERED PROFESSIONAL• •'
...............................
LAND SURVEYOR NO. 6391 JOSHUA D WAR GO
ENCROACHMENT AGREEMENT
SARAH JENNINGS SURVEY
ABSTRACT NO. 844
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
801 CHERRY STREET •••l •••••••••••..••••••••••••••
UNIT 11 SUITE 1300 •, 0 6391 ��• Kimlev*Horn
P:
FORT WORTH, TEXAS 76102 9 A''��F E S S��'o� 801 Cherry Street, Unit 11, # 1300 AF Tel. No. (817) 335-6511
/v y Fort Worth, Texas 76102 FIRM # 10194040 w.kimm ley-horn.co
PH. 817-335-6511 � S U R � E w
josh.wargo@kimley-horn.com Scale Drawnby Checked Date ProiectNo. Sheet No.
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LEGEND CURVE TABLE
P.O.C. = POINT OF COMMENCING NO. DELTA RADIUS LENGTH CHORD BEARING CHORD NORTH
P.O.B. = POINT OF BEGINNING
XF = CUT "X" FOUND C1 90,00,001, 1.50' 2.36' N44°16'12"E 2.12'
CFF = CROWS FOOT FOUND
0 10 20
C2 89°59'23" 2.00' 3.14' N44°15'54"E 2.83'
C3 90°00'00" 2.00' 3.14' S45°43'48"E 2.83' GRAPHIC SCALE IN FEET
C4 91°58'43" 20.00' 32.11' N43°16'50"E 28.77'
C5 7°29'52" 120.81' 15.81' S09°26'30"W 15.80'
C6 14°49'52" 40.00' 10.35' S28°14'00"W 10.33'
C7 30°56'26" 6.19' 3.34' S47°00'45"W 3.30'
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3,678 SQ. FT.
L3 \P.O.6., W
WEST EL PASO STREET NN \ F _
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CFF j f S89°16'12"W 79.24' L1
/ LINE TABLE LINE TABLE 20' PUBLIC OPEN
/ SPACE EASEMENT
' NO. BEARING LENGTH NO. BEARING LENGTH VOL. 388-186, PG. 65 �\
L1 S89°16'12"W 62.55' L7 N89°16'12"E 63.00' U
L2 N00°43'48"W 5.40' L8 S00°43'48"E 16.00' REMAINDER OF BLOCK 10R,
TEXAS AND PACIFIC RAILWAY
L3 N89°16'12"E 3.00' L9 N89°16'12"E 48.88' COMPANY ADDITION J
I U�
L4 N00°43'48"W 24.40' L10 S02°42'31"E 64.04' VOL. 388-186, PG. 65
L5 S89°16'12"W 70.00' L11 N00°25'15"W 38.72' I G
NOTES: I L6 N00°43'48"W 16.10' APPROXIMATE LOCATIONOF 10' U.E.
PER VOL. 12869, PG. 627
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202).
A metes and bounds description of even survey date herewith accompanies this survey plat.
The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey plat accurately sets out
the metes and bounds of the encroachment tract. ENCROACHMENT AGREEMENT
OF TF SARAH JENNINGS SURVEY
,P:•��GISTE'' +y ABSTRACT NO. 844
JOSHUA D. WARGO` �O '': CITY OF FORT WORTH
REGISTERED PROFESSIONAL •, TARRANT COUNTY, TEXAS
.
LAND SURVEYOR NO. 6391 ............................JOSHUA D. WARGO
UN CHERRY STREET •".......................
'1 .. ". Kimlev*Horn
UNIT 11 SUITE 1300 � ,0 6391 Pam,;FORT WORTH, TEXAS 76102 9 ` .�F E S S���''o� 801 Cherry Street, Unit 11, # 1300Tel. No. (817) 335-6511
PH. 817-335-6511 � 'S J R v Ey Fort Worth, Texas 76102 FIRM # 10194040 www.kimley-horn.com
josh.wargo@kimley-horn.com Scale I Drawn by Checkedbv Date Project No. Sheet No.
1" = 20' CRG JDW 1/18/2024 064498203 3 OF 3
GENSHEIMER, RILEY 1/18/2024 5:20 PM K:\FTW_SURVEY\064498203-FW PUBLIC MARKET SR LIVING\D1/.G\064498203-FW PUBLIC ARKET SR LI ING_ENCRO CHMENT 1.D G
LEGAL DESCRIPTION
BEING a tract of land situated in the Sarah Jennings Survey, Abstract No. 844, and being a portion of West El Paso
Street, in the City of Fort Worth, Tarrant County, Texas, and being more particularly described as follows:
COMMENCING at a cut "X" found for the northeast corner of said Block 10R, and being in the intersection of the
south right-of-way line of said West El Paso Street and the west right-of-way line of Henderson Street;
THENCE North 75°14'07" West, a distance of 82.48 feet to the POINT OF BEGINNING;
THENCE South 44°16'54" West, a distance of 3.73 feet to a point;
THENCE South 89°16'12" West, a distance of 69.00 feet to the POINT OF TERMINATION, from which a crows foot
found for a point in the northerly line of said Block 1 OR bears South 26°24'46" East, a distance of 21.52 feet.
NOTES:
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202).
A survey plat of even survey date herewith accompanies this metes and bounds description.
The undersigned, Registered Professional Land Surveyor, hereby certifies that foregoing description accurately sets
out the metes and bounds of the encroachment.
OF T
/EGISTERED
A D. WARGO CO • �G�STE��c�yd,
PROFESSIONAL *'
.:...........................
LAND SURVEYOR NO. 6391 JOSHUA D WARGO
ENCROACHMENT AGREEMENT
SARAH JENNINGS SURVEY
ABSTRACT NO. 844
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
801 CHERRY STREET •••` ......•••••.............••
UNIT 11 SUITE 1300 ,off 6391 Pv:' Kimlev)))Horn
FORT WORTH, TEXAS 76102 9 OF E S S\\ ' o� 801 Cherry Street, Unit 11. # 1300Tel. No. (817) 335-6511
PH. 817-335-6511 'y0 'S 'U R v Ey Fort Worth, Texas 76102 FIRM # 10194040 www.kimley-hom.com
josh.wargo@kimley-horn.com Scale I Drawn by I Checked by Dale Proiect No. Sheet No.
N/A CRG JDW 7/18/2023 1 064498203 1 OF2
WARGO. JOSH 7/18/2023 3:17 PM K:\FTW SURVEYk064498203-FW PUBLIC MARKET SR LIVING\DWG\064498203-FW PUBLIC MARKET SR LIVING ENCROACHMENT 2.DWG
LEGEND
P.O.C. = POINT OF COMMENCING
P.O.B. = POINT OF BEGINNING
P.O.T. = POINT OF TERMINATION
XF = CUT "X" FOUND
CFF = CROWS FOOT FOUND
WEST EL PASO STREET
P.O.T.
S89016'12"W 69.00'
CFF
REMAINDER OF BLOCK 10R,
TEXAS AND PACIFIC RAILWAY
COMPANY ADDITION
VOL. 388-186, PG. 65
NOTES:
LINE TABLE
NORTH
0 10 20
GRAPHIC SCALE IN FEET
P.O.B.
L1
P.O.C.
NO.
BEARING
LENGTH
L1
N75°14'07"W
82.48'
L2
S44°16'54"W
3.73'
L3
S26°24'46"E
21.52'
XF
w
Iw
ry
(n
z
O
U)
W
z
w
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202).
A metes and bounds description of even survey date herewith accompanies this survey plat.
The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey plat accurately sets out
the metes and bounds of the encroachment.
ENCROACHMENT AGREEMENT
SARAH JENNINGS SURVEY
/OS
7/j�`�3�E OF r ABSTRACT NO. 844
•�P�srEiCITY OF FORT WORTH
A D. WARGO
REGISTERED PROFESSIONAL * `* TARRANT COUNTY, TEXAS
.............................
LAND SURVEYOR NO. 6391 JOSHUA D. WARGO
UN CHERRY STREET ` Kimlev)))Horn
UNIT 11 SUITE 1300 '•,,o'Q� 6391C�FORT WORTH, TEXAS 76102 9'FE S S��'' O801 Cherry Street, Unit 1T# 13aoTel. No. (817) 335-6511
PH. 817-335-6511 r Q S U' R v Fort Worth, Texas 76102 FIRM # 10194040 www.kimley-hom.com
josh.wargo@kimley-horn.com Sale I Drawn by I Checked by Date Proiect No. Sheet No.
1"= 20' CRG JDW 7/18/2023 1 064498203 2 OF 2
WARGO. JOSH 7/18/2023 3:17 PM K:\FTW SURVE11064498203-FW PUBLIC MARKET SR LIVING\DWG\064498203-FW PUBLIC MARKET SR LIVING ENCROACHMENT2.DWG
LEGAL DESCRIPTION
BEING a tract of land situated in the Sarah Jennings Survey, Abstract No. 844, and being a portion of West El Paso
Street, in the City of Fort Worth, Tarrant County, Texas, and being more particularly described as follows:
COMMENCING at a cut "X" found for the northeast corner of Block 10R, Texas and Pacific Railway Company
Addition, an addition to the City of Fort Worth, Tarrant County, Texas according to the plat recorded in Volume
388-186, Page 65, Plat Records, Tarrant County, Texas, and being in the intersection of the south right-of-way line
of said West El Paso Street and the west right-of-way line of Henderson Street;
THENCE North 88°32'14" West, a distance of 121.67 feet to the POINT OF BEGINNING;
THENCE North 75°43'48" West, a distance of 26.59 feet to the POINT OF TERMINATION, from which a crows foot
found for a point in the northerly line of said Block 1 OR bears South 26°06'07" East, a distance of 12.77 feet;
NOTES:
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202).
A survey plat of even survey date herewith accompanies this metes and bounds description.
The undersigned, Registered Professional Land Surveyor, hereby certifies that foregoing description accurately sets
out the metes and bounds of the encroachment.
3
' / �� ! '�P•'•�GISTE •
OSHUA D. WARGO
REGISTERED PROFESSIONAL *'
ENCROACHMENT AGREEMENT
SARAH JENNINGS SURVEY
ABSTRACT NO. 844
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
LAND SURVEYOR NO. 6391 W
O
UN CHERRY STREET Kimlev*Horn
UNIT 11 SUITE 1300 'FORT WORTH, TEXAS 76102 801 Cherry Street, Unit 11, # 13001 Tel. No. (817) 335-6511
PH. 817-335-6511 Fort Worth, Texas 76102 FIRM # 10194040 www.kimley-hom.com
josh.wargo@kimley-horn.comScale Drawn ly Checked by Date Proiect No. Sheet No.
N/A I CRG JDW 7/18/2023 1 064498203 1 OF 2
WARGO. JOSH 7/18/2023 3:07 PM K:\FTW SURVEY\064498203-FW PUBLIC MARKET SR LIVING\DWG\064498203-FW PUBLIC MARKET SR LIVING ENCROACHMENT 3.DWG
LEGEND
P.O.C. = POINT OF COMMENCING
P.O.B. = POINT OF BEGINNING
P.O.T. = POINT OF TERMINATION
XF = CUT "X" FOUND
CFF = CROWS FOOT FOUND
WEST EL PASO STREET
NORTH
0 10 20
GRAPHIC SCALE IN FEET
P.O.T.
P.O.B. P.O.C.
N88°32'14"W
V 121.67'� 'r-XF
C F F
REMAINDER OF BLOCK 1 OR,
TEXAS AND PACIFIC RAILWAY
COMPANY ADDITION
VOL. 388-186, PG. 65
NOTES:
LINE TABLE
NO. BEARING LENGTH
L1 N75°43'48"W 26.59'
L2 S26°06'07"E 12.77'
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202).
A metes and bounds description of even survey date herewith accompanies this survey plat.
1-
W
W
U)
Z
O
0
z
W
The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey plat accurately sets out
the metes and bounds of the encroachment.
. O.. .
'`P•'' •GISTS
/EGISTERED
A D. WARGO
PROFESSIONAL
.:...........................
LAND SURVEYOR NO. 6391 JOSHUA D WARGO
ENCROACHMENT AGREEMENT
SARAH JENNINGS SURVEY
ABSTRACT NO. 844
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
801 CHERRY STREET •••` ......•••••.............••
UNIT 11 SUITE 1300 ,off 6391 Pvr Kimlev*Horn
FORT WORTH, TEXAS 76102 9 OF E SS\O801 Cherry Street, Unit 11. # 1300Tel. No. (817) 335-6511
PH. 817-335-6511 4/ S U R v �� Fort Worth, Texas 76102 FIRM # 10194040 www.kimley-hom.com
josh.wargo@kimley-horn.com Scale Drawn by I Checked by Date Proiect No. Sheet No.
1"= 20' CRG JDW 7/18/2023 I 064498203 I 2 OF 2
WARGO. JOSH 7/18/2023 3:09 PM K:\FTW SURVEY\064498203-FW PUBLIC MARKET SR LIVING\DWG\064498203-FW PUBLIC MARKET SR LIVING ENCROACHMENT 3.DWG
LEGEND
LANDSCAPE AREA IN CITY OF
FORT WORTH R.O.W.
ENHANCED PAVING IN CITY
OF FORT WORTH R.O.W.
GRAPHIC SCALE IN FEET
0 10 20 40
I 11 1
RIO GRANDE AVE
/GS
1l � TRTR
8" SSWR �EL CASING
ENHANCED PAVING
(REF. KIMLEY-HORN
PRIVATE PLANS)
W
NW
L.L
V )
B 7
J V )
W
20' PUBLIC �
x \ SPACE EASEMENT
VOL. 388-186, PG. 65 I W
CITY OF F SO°25'15"E 2
WORTH R.O.W. 182.46'
EXISTING PUBLIC > w -
MARKET BUILDING
X w —
DEVELOPER: PUBLIC MARKET ENGINEER
THE HARDEN, LLC EXHIBIT C-1 ICiry�lev'1 Hom
IPRC RECORD NO 801 CHERRY STREET
1321 MARKUM GATEWAY SUITE 10C IPRC22-0255IIPRC23-0041 PLAN VIEW (1 OF 2) SUITE 1300
FORT WORTH, TX 76126
CONTACT: JESS GREEN CITY PROJECT NO 104662/104792 FORT WORTH, 76102
ENGINEERING FIRM REGISTRATION
ON # F-928
LEGEND
PRIVATE STORM IN R.O.W.
PRIVATE SSWR IN R.O.W.
GRAPHIC SCALE IN FEET
0 10 20 40
EX. 12" DI SSWR
(X-14739)
- ENHANCED PAVING
(REF. KIMLEY-HORN
PRIVATE PLANS)
G` EX. 8" DI SSWR
' J (X-147,39)
/X. 12" VC SSW S
�X-14Z33)
CITY OF FORT
/WORTH R.O.W.
TXDOT
R.O.W. LINE PROP.PRIVATE STORM A
REF. EXHIBIT C-3
eel
O�
�X
8
05
4 �
I PROP.PRIVATE SSWR
REF. EXHIBIT C-4
§[n
TXDOT R.O.W.
tI-N57°44'12E
OtNn89�-25'26"E
30.53'
7J -
6.6.98
EXISTING PUBLIC
MARKET BUILDING
DEVELOPER:
PUBLIC MARKET
THE HARDEN, LLC
IPRC RECORD NO
1321 MARKUM GATEWAY SUITE 10C
FORT WORTH, TX 76126
IPRC22-0255/IPRC23-0041
CONTACT: JESS GREEN
CITY PROJECT NO 104662/104792
I,x x\ uV-�r-/,,,
L PROP. PUBLIC STOF
(REF. I PRC23-0041 /
CPN 104792)
1
PROP. PUBLIC JUNCTION BOX
REF. I PRC23-0041 /
Ut'IV 'IU4(y2)
�.,go
i N89° 16' 12"E
/ 1411.79'
1 j
CITY OF FORT
WORTH R.O.W.
PROPOSED ONCOR ELECTRIC
EASEMENT
EXHIBIT C-2
PLAN VIEW (1 OF 2)
ENGINEER:
IC Ile-YOHom
801 CHERRY STREET
SUITE 1300
FORT WORTH, TX 76102
ENGINEERING FIRM REGISTRATION # F-928
HORIZNTAL
VEER ICOAL: 1" 12= 20' I STORM A
EXIS-ING GRADE
\ PROPOSED
STA: 0+0.00 STORM A GRADE
/CITY OF FORT WORTH 5' JI/NCTION BOX
TO BE INSTALLED VIA IPRC PLANS
()N FX d-" CTOPRII
FL EX 42': ± 602.1 (NOT FIE.D VERIFIED)
REF. IPIZC23-004' /CPN 104792
605
24" RJ'
REF. IPRC23-0041/CPN 10.792
A
.11
595
Z
0-
U
Z o
�zz
LL a LL a
591 N N o
—0+1 C 0+00
DEVELOPER: PUBLIC MARKET
THE HARDEN, LLC IPRC RECORD NO
1321 MARKUM GATEWAY SUITE 10C- IPRC22-0255/IPRC23-0041
FORT WORTH, TX 76126
CONTACT: JESS GREEN CITY PROJECT NO 104662/104792
I
of
O
0
x
H
EX. I iWR CRGSSI r'
�STA:0+39.69
FL 12':±591.13
EXHIBIT C-3
PROFILE VIEW (1 OF 2)
605
.11
595
591
1 +00
ENGINEER:
lftky*Hom
801 CHERRY STREET
SUITE 1300
FORT WORTH, TX 76102
ENGINEERING FIRM REGISTRATION # F-928
HORIZONTAL: 1" = 20'
VERTICAL: 1" = 2'
DEVELOPER:
THE HARDEN, LLC
1321 MARKUM GATE WAY SUITE 10C
FORT WORTH, TX 76126
CONTACT: JESS GREEN
605
STA:
COW
DROF
ADJU
FINIS
REF.
IPRC:
595
591
—0+35
PUBLIC MARKET
IPRC RECORD NO
I P RC22-0255/I P RC23-0041
CITY PROJECT NO 104662/104792
SSVVR C
0+00
EXHIBIT C-4
PROFILE VIEW (2 OF 2)
605
>ING
tIFIED)
SSING
RIFIED)
:11
595
591
0+50
ENGINEER:
On"Hom
801 CHERRY STREET
SUITE 1300
FORT WORTH, TX 76102
ENGINEERING FIRM REGISTRATION # F-928
EXHIBIT B
Certificate of Insurance
Tier II ROW Encroachment Agreement Page 12 of 13
Revised 12/2022