The URL can be used to link to this page

Home My WebLink AboutContract 61289Date Received: 04/22/24 Record Number: PN23-00177 City Secretary No.: 61289 Time Received: 9:00 a.m. PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER II THIS AGREEMENT is made and entered into by and between THE CITY OF FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"), acting by and through its duly authorized City Manager, Assistant City Manager, or Director of the Development Services Department, and Vickery Village Development, LLC, a(n) a Texas limited liability company ("Licensee"), acting by and through its duly authorized Manager. RECITALS WHEREAS, Licensee is the owner of the real property located at 800 W Vickery Boulevard, Fort Worth, Texas 76104 ("Property"), being more particular described as, Lot 1, Block 1, Jennings North Addition, as recorded in Deed Records, by Instrument Number D223207595, in Tarrant County, Texas, and; WHEREAS, the City owns a drainage and water easements (the "Public Property") adjacent to the Property, recorded in the plat records of Tarrant County as plat number FS-23-226; and WHEREAS, Licensee desires to construct, place, and maintain certain improvements which will encroach in, on, above, or below the Public Property; and WHEREAS, to accommodate the needs of the Licensee, the City will allow the encroachment under the terms and conditions as set forth in this Agreement. NOW, THEREFORE, the City and Licensee agree as follows: AGREEMENT 1. The City, in consideration of the payment by Licensee of the fee set out below and covenants and agreements hereinafter contained to be kept and performed by Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and occupy a portion of the City's Public Property as described in and at the location shown on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing, installing, and maintaining private storm drains and water 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 Tier II Easement Encroachment Agreement Page 1 of l I Re OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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. 5. Upon termination of this Agreement, Licensee shall, at the option of and at no expense to the City, remove the Encroachment and restore the Public Property to a condition acceptable to the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department or their duly authorized representative. Any such removal of the Encroachment shall be in accordance with then -existing City regulations and policies. It is understood and agreed Tier II Easement Encroachment Agreement Page 2of11 Revised 1212022 to by Licensee that if this Agreement terminates and Licensee fails to remove the Encroachment and restore the Public Property, Licensee hereby gives City permission to remove the Encroachment and any supporting structures from the Public Property, to restore the Public Property, and to assess a lien on the Property for the costs expended by the City in taking such actions. 6. In order to defray all costs of inspection and supervision which the City has incurred or will incur as a result of the construction, maintenance, inspection or management of the Encroachment and use of Public Property as provided for by this Agreement, Licensee agrees to pay to City at the time this Agreement is requested an application fee in the sum of Nine Hundred Dollars ($900.00). 7. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by City. However, the City may terminate this Agreement upon Licensee's noncompliance with any of the terms of this Agreement. City shall notify Licensee in writing of any such noncompliance and if Licensee does not cure the noncompliance within thirty (30) days of notice from City, the City may terminate this Agreement. However, the City may, at its sole option, allow the Agreement to remain in effect so long as Licensee has taken reasonable measures to cure the noncompliance or is continuing to diligently attempt to remedy the noncompliance. 8. It is further understood and agreed between the parties hereto that the Public Property to be used and encroached upon is held by City as trustee for the public; that City exercises such powers over the Public Property as have been delegated to it by the Constitution of the State of Texas or by the Texas Legislature; and that City cannot contract away its duty and its legislative power to control the Public Property for the use and benefit of the public. It is accordingly agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the Public Property to be used for any other public purpose, including but not being limited to underground, surface, or overhead communication, drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not, that the parties agree to negotiate in good faith in order to accommodate both the Encroachment and the public purpose. 9. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY Tier II Easement Encroachment Agreement Page 3 of 11 Revised 12/2022 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. AU insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. 11. Licensee agrees to deposit with the City when this Agreement is executed a sufficient sum of money to be used to pay necessary fees to record this Agreement in the real property records of the county in which the Encroachment is located. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. Tier II Easement Encroachment Agreement Page 4 of 11 Revised 1212022 12. Licensee agrees to comply fully with all applicable federal, state, and local laws, statutes, ordinances, codes, and regulations in connection with the construction, operation, and maintenance of the Encroachment and use of the Public Property. 13. Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for by this Agreement or by any federal, state, or local statute, law, or regulation. 14. Licensee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant, or employee of City, and Licensee shall have exclusive control of and the exclusive right to control the details of its operations, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. The doctrine of respondeat superior shall not apply as between City and Licensee, its officers, agents, servants, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Licensee. 15. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain, and locate the Encroachment over or within the Public Property and is not a conveyance of any right, title, or interest in or to the Public Property, nor is it meant to convey any right to use or occupy property in which a third -party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. 16. In any action brought by the City for the enforcement of the obligations of the Licensee, City shall be entitled to recover interest and reasonable attorneys' fees. 17. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. Tier lI Easement Encroachment Agreement Page 5 of 11 Revised 12:'2022 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 �44 By: Dalton J Harrell ( 17, 202411:36 CDT) D.J. Harrell, Director of the Development Services Department Date: Apr 17, 2024 ATTEST: Jannette Goodall, City Secretary Date: Apr 17, 2024 Tier II Easement Encroachment Agreement Licensee: Vickery Village Development, LLC a Texas limited liability company by: Trademark Multifamily Vickery, LLC, its Manager By: Name: Chad Colley Title: Manager Date: 4-/S • (024% Approved As To Form and Legality Jeremy Anato Mensah Assistant City Attorney Date: Apr 16, 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 Owen (Apr 16, 2024 16:26 CDT) Rebecca Owen Development Services Date: Apr 16, 2024 P2ae'7nf11 Re. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ***THIS PAGE FOR CITY OF FORT WORTH OFFICE USE ONLY*** 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 17th day of April , 2024. Brooke Bonne)) (Apr 17, 2024 11:43 CDT) Notary Public in and for the State of Texas After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 Tier II Easement Encroachment Agreement BROOKE BONNELL Notary Public STATE OF TEXAS Notary I.D. 134009525 My Comm. Exp. Oct. 11, 2026 Page 8of11 Revised i 211022 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and for the State of 1 f' Ots , on this day personally appeared Chad Colley, Manger (Title) known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed, as the act and deed of Vickery Village Development, LLX, a Texas limited liability company (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1 day ofA1IA 2024. • . $ Notary Public $ and for the State of-rexa Tier II Easement Encroachment Agreement Ashley Shane Galion My Commission Expires 6/24/2026 Notary ID 129916126 Page 9 of 11 Revised 1212022 EXHIBIT A Depiction and description of the Encroachment Tier I1 Easement Encroachment Agreement Page 10 of 11 Revised 12/ 2022 FORT WORTH EXHIBIT A VICINITY MAP 1 1 VICINITY MAP NOT TO SCALE LOCATION MAP MAPSCO #77 COUNCIL DISTRICT #9 - ENVIKTUS 7 _ ; 71iyi% i pr•-".11V's • .1••• rue • m46.4 VFW. ••14, ••••••••• De mot ••• "• .t.:;••rt ' '' , --....„.....- ..74.-1:-...-.^.: • 1 ' -V.?. -"T ••••••- I — -/_—_—_-• 1—_—:_---- _1. - ..".", -- __..... No-cs' ,... 66 ..,...s.r.=„x _ _ _.!.. i.. I0, •It....11r16. —"roarr";••sniois.....' ..%" 0IS1 VIC hj DI SIOULEVARD Iostains 1= lama ...ow ACM •••!. a•51 t•,.- Nall r I r i , s , - ''''" il 1 iil: Igv:i, pi j.. 1 : 1 1 1 soPEAD'Ir ItallISSTO LPIPSI 10•01,48.1 __ADP re— •••••••, •••••=0_ 1•LSTFRE,•01,1 Rai 4rt, NOTE: GEIOSTED FLOOD PROST ARTA IFIT TAILS PLAT/ SSE TaCE 2 TOD DETAILS P41 -,II.Mtifej '4.F.44.::::' •'1 ‘ . -.... , • , ;vv.". ev .0 .11.... I ' '7....."' ....:11r.. , I flIfine 1 \ . .._. . ---7„77,:1-..,"1, I i OW I10,- WM... • OA nil man s • • ' :I.T.p , 1...r?.......:::::: I i , ....,s,CISAS liwesel - ,ANZA..;•-• °Z....IL '"rzo=1: or. : 3, : "N .: 1.1"...,..7. "--1 --... l'arr. `-‘ir: "—VW- ------2\ - —1:-"gi • •,^ :-...L. 11 """ 1, / N r......71,.... Irftr‘ ) .1 I -`j -.._..42t"...tt ......2 LI. • . ' ,) 4::::,:d.... T — -a-U---.5.7. =-...- — .--' — .- - ' ''.. . 4: c▪ • • WU 1 A -•grit•Le \ '''''''' '" ; , '4 ••••••••••••=sm POPP.. .....••••••=.• ,I.••••••••=1,* 7--..•••=1.•=1•••••••:..., Ps......••••••• ••••••-••••••••••••••• Two 4•••.•••.• •••••••••••••••••.•••••••••••,..:or ••••• ••••••: me,tmelm• 7:"...•••••=••••Ear ...17%;„•= •••••••••neopr... amp.....arepsolara sast•••••••••••TI. -••••1.: •=.• • • • • • • • • • • • • I • • •• • 4. • • .=.• • • • .0 • • P. • • som•Imi. •••• ••••••I ::::=.•••••.wm•••••••• •Wen=wm•:47.4...%.":•:.•!•m••%."::::=•=••,•1 nim,...••••••• .•••••••=s,..•••.••• ••••••• Ibmman ••••••••=m••••m•In ••••••••••••PP•maagr.pwamp:Opaso: ososs••••• g h • pegmessopopposa •••••••.:• pia:Ma•••• ow. Ely ••••• ••••ble,•••••••••••• on were/ • •••••••••••• •Itm••••• ••••••••••• •••.1•,=•••••••, ••••••••• •1•••••• 4.••••••• a•.••• •••.• masa meow •••••••,••• ••••••••••••••••••.•••,••• 42 •••••••=.parpamm•samm••••••••••••••......... est, 421-Miv: 1:45M12:41:27MR: I 4111...•••••••=11•0••••,••••• ../•••••••*••••••/••••...... 13••••••••". mom ••••[••• 1,44••••t rnr •••••=a1 •=4 r4L'In =rg.:417,17'r:gT. sp. ..... POPO :PCPEPT WOOF DEPOOPPOslaJ: DOAPPPla s-T FeL Pao. Ta.1.1.• »TOE ki070/.130 00•11.1 DIADa sg• 1 1 i 1 if 1 L.. .. , ...., • It i , • zi r,.. .-- ..:÷7L: 142 FL-7.i.F..-• ii 5 -a. r.t..--:.."....1-.=.7:-"--z- iii 14 • ..... ....-........._. 31 0 :-.r.....".ty-▪ :.=:::•--- X li in Irl I..F. ....„...„ 19 1 Iv III AttP4Crt.▪ 11_0,- ri,Ei l'i Al 111 1 I I,f 4 , ... „ , ,... II '. • I I ' I, t Wilt I 0 1 I i 1 1! 3. r .ill. .*--. [ ' 1 (40t.f2m-- IThOL or LOTS 1R AND JENNINGS NO . AUMISOC TO TIM REIN!: A RITIAT IPA I V.• CID in" I a‘L a POEM, 01 AISY OF POPP oatrill. sPossatla I L.• nalS1 • 146. 4-ka, UUIflLThiJ Oxen Many uoht A.4 VC AO MIAS TA 73211 pkv.t ss0.>“ as. COAL", abal•ArreiOran....T. 4%4,4)44. Ct.volagual• yyrrauFlartlanal r”•3 1.0.• sl'g• ',... 4 i \ I \ 4 1 I I FINAL! LOTS 1R AND JENNINGS N IVIli11ON T. Ill.: ITI,N4 k laplAT .1" 4N9 UR I. HVIIPIIIEL IA LiIL YORTO, OP- a cm ow IVIIT 10111a. :AGE EASEMENT 5480, PG. 485 0.P.R T C.T. 3-7 OVERALL ENCROACHMENT SITE EXHIBIT WW!AMUE F1 BU:IUNa RERMT RR731Y'1r. TOWNHOME 111 FFE: 617.90 GRAPHIC Ip4EIN FELT L' 30. DRAINAGE \ EASEMENT O.P.R .R a T.C.T.T. RESTAURANT 5,358 SF FFE: 617.40 AFZJAUW BJFPe Pe -. 11717 `.I C.1.1.1] -070 j: WEST VICKERY BOULEVARD {VARIABLE-V OTH•PUBLIC=RIGHT=OF«WAY} -- EXHIBIT "A" LEGAL DESCRIPTION ENCROACHMENT AGREEMENT TRACT 1 BEING 0.019 acre of land situated in Lot 1, Block 1, JENNINGS NORTH ADDITION, to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in Cabinet B, Slide 484, of the Official Public Records of Tarrant County, Texas, and being a portion of West Vickery Boulevard (a variable width public right-of-way). Said 0.019 acre of land being more particularly described by metes and bounds as follows: BEGINNING at a point lying N 89° 12' 50" E 393.11 feet, from a "Y" in concrete found at the Southwest corner of said Lot 1, Block 1, and said point also lying in the existing North right-of- way line of said West Vickery Boulevard (a variable width public right-of-way); THENCE S 01° 02' 28" E line of West Vickery Boulevard; THENCE S 89° 13' 00" W THENCE N 45° 47' 10" W THENCE N 00° 47' 10" W THENCE S 89° 12' 50" W THENCE N 01° 02' 28" W THENCE N 89° 12' 50" E THENCE S 01° 02' 28" E acre (840 square feet) of land. 7.96 feet, to a point in the proposed new North right-of-way 4.27 feet, to a point; 8.08 feet, to a point; 50.75 feet, to a point; 20.27 feet, to a point; 10.00 feet, to a point; 30.00 feet, to a point; 58.50 feet, to the POINT OF BEGINNING containing 0.019 LEGAL DESCRIPTION ENCROACHMENT AGREEMENT TRACT 2 BEING 0.005 acre of land situated in Lot 1, Block 1, JENNINGS NORTH ADDITION, to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in Cabinet B, Slide 484, of the Official Public Records of Tarrant County, Texas. Said 0.005 acre of land being more particularly described by metes and bounds as follows: COMMENCING at a point lying N 89° 12' 50" E 363.11 feet, from a "Y" in concrete found at the Southwest corner of said Lot 1, Block 1; THENCE N 01° 02' 28" W 86.66 feet, to the POINT OF BEGINNING; THENCE N 01° 02' 28" W THENCE N 89° 12' 45" E THENCE N 44° 12' 45" E THENCE S 02° 07' 15" E THENCE S 44° 12' 45" W THENCE S 89° 12' 45" W acre (200 square feet) of land. 10.00 feet, to a point; 0.89 feet, to a point; 19.77 feet, to a point; 13.82 feet, to a point; 14.37 feet, to a point; 4.99 feet, to the POINT OF BEGINNING containing 0.005 G:120231EASEMENTSUennings North, Lot 1, B1k 1 - 3 Tracts Encroachment Agreement.doc LEGAL DESCRIPTION ENCROACHMENT AGREEMENT TRACT 3 BEING 0.005 acre of land situated in Lot 1, Block 1, JENNINGS NORTH ADDITION, to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in Cabinet B, Slide 484, of the Official Public Records of Tarrant County, Texas. Said 0.005 acre of land being more particularly described by metes and bounds as follows: COMMENCING at a point lying N 89° 12' 50" E 393.11 feet, from a "Y" in concrete found at the Southwest corner of said Lot 1, Block 1; THENCE N 01 ° 02' 28" W 58.50 feet, to a point; THENCE N 01 ° 02' 28" W 54.73 feet, to the POINT OF BEGINNING; THENCE S 89° 12' 50" W THENCE N 46° 27' 12" W THENCE N 02° 07' 15" W THENCE S 46° 27' 12" E THENCE N 89° 12' 50" E THENCE S01°02'28"E acre (235 square feet) of land. 11.26 feet, to a point; 11.23 feet, to a point; 14.31 feet, to a point; 17.39 feet, to a point; 7.15 feet, to a point; 10.00 feet, to the POINT OF BEGINNING containing 0.005 12/12/2023 G:120231EASEMENTS'Jennings North, Lot I, BIk 1 - 3 Tracts Encroachment Agreement.doc EXHIBIT "A" BEARING BASE: THE BEARINGS SHOWN HEREON ARE TEXAS STATE PLANE GRID BEARINGS ESTABLISHED USING THE GLOBAL POSITIONING SYSTEM SATELLITES, AND CONTINUOUSLY OPERATING REFERENCE STATIONS. TRACT 2 DETAIL TRACT TRACT 2 0.005 ACRE (2o0 so. FT) 3 DETAIL TACK IN PLUG FOUND TRACT 3 0.005 ACRE (235 SQ. FT) P.O.C. TRACT 2 & 3 SEE TRACT DETAIL P.O.B. TRACT 2 TRACT 1 0.019 ACRE (640 So. FT) N 89'12'50"E-363.11'— "Y" IN CONCRETE FOUND AT THE SOUTHWEST CORNER OF LOT 1, BLOCK 1 JENNINGS NORTH ADDITION 70 �W P�� J� [ LOCAL RsrV PO t�1GN� 0� 1 `�� puB�-LPG \0125) ,,`oi w+O. 1Pg�� w,� 02p1 � �� G� 1'1 �vPR GOP' RP � SEE TRACT 3 DETAIL 5, P.O.B. RACT 3 30' DRAINAGE EASEMENT VOL. 5480, PG. 485 0.P.R.T.C.T. ! LOT 1, BLOCK 1 1 JENNINGS NORTH ADDITION CAB. B, SL. 484 0.P.R.T.C.T. b P.O.B. TRACT 1 PROPOSED NEW R.O.W. LINE WEST VICKERY BOULEVARD (VARIABLE WIDTH PUBLIC RIGHT-OF-WAY) DECEMBER 12, 2023 FW 901 VICKERY INVESTORS, L.P. CC# D219239479 PAGE 1 OF 2 0.P.R.T.C.T. U N (D J In I- 0 ca 0 00 Cr Q 0 OEL O 0 n BRITTAIN & CRAWFORD LAND SURVEYING & TOPOGRAPHIC MAPPING TFI, (817) 926-0211 FAX (817) 926-9347 P.O. BOX 11374 • 3906 SOUTH FREEWAY FORT WORTH, TEXAS 76110 EWA: odmhrObriltofn-aorrford.eom RRITF: wu,britioin-erm•(prd, !IRII CERTIFICATION/ 1019000 ENCROACHMENT AGREEMENT OF 3 TRACTS OF LAND LOCATED IN LOT 1, BLOCK 1 JENNINGS NORTH ADDITION CITY OF FORT WORTH, TARRANT COUNTY, TEXAS SCALE 1"=60' (J.11) JENN NGS NORTH ADDTION\JENNINGS NORTH ADD-2023 EASE-5480-485 dwg EXHIBIT "A" Course Bearing Distance L1 N 89°12'50" E 30.00' L2 S 01°02'28" E 7.96' L3 S 89°13'00" W 4.27' L4 N 45°47'10" W 8.08' L5 N 00°47'10" W 50.75' L6 S 89°12'50" W 20.27' L7 N 01°02'28" W 10.00' L8 N 89°12'50" E 30.00' L9 S 01°02'28" E 58.50' L10 N 01°02'28" W 48.50' L11 N 01°02'28" W 28.16' L12 N 01°02'28" W 10.00' L13 N 89°12'45" E 0.89' L14 N 44°12'45" E 19.77' L15 S 02°07'15" E 13.82' L16 S 44°12'45" W 14.37' L17 S 89°12'45" W 4.99' L18 N 01°02'28° W 54.73' L19 S 89°12'50" W 11.26' L20 N 46°27'12" W 11.23' L21 N 02°07'15" W 14.31' L22 S 46°27'12" E 17.39' L23 N 89°12'50" E 7.15' L24 S 01°02'28" E 10.00' PAGE 2 OF 2 BRITTAIN & CRAWFORD LAND SURVEYING & TOPOGRAPHIC MAPPING TEL (017) 926-0211 FAX (017) 926-9347 P.O. BOX 11374 • 3900 SOUTH FREEWAY FORT WORTH, TEXAS 76110 EWAL: edminQbrRlan-erowl°ro.eorn MOS7TE: rrw.M'ilan-erm4ad.ean flR4 CERTW1CATIONI 1019E00 (J.U.) JENNINGS NORTH ADOtTION\JENNINGS NORTH ADD-2023 EASE-5480-485 dwg EXHIBIT "B" LEGAL DESCRIPTION ENCROACHMENT AGREEMENT TRACT 4 BEING a 10 foot wide strip of land situated in Lot 1, Block 1, JENNINGS NORTH ADDITION, to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in Cabinet B, Slide 484, of the Official Public Records of Tarrant County, Texas. Said 10 foot wide strip of land being more particularly described by metes and bounds as follows: BEGINNING at a point lying N 80° 11' 19" E 552.50 feet, from a "Y" in concrete found at the Southwest corner of said Lot 1, Block 1; THENCE N 00° 45' 06" W THENCE N 89° 09' 55" E THENCE S 00° 45' 06" E THENCE S 89° 09' 55" W acre (150 square feet) of land. 10.00 feet, to a point; 15.00 feet, to a point; 10.00 feet, to a point; 15.00 feet, to the POINT OF BEGINNING containing 0.003 LEGAL DESCRIPTION ENCROACHMENT AGREEMENT TRACT 5 BEING a 10 foot wide strip of land situated in Lot 1, Block 1, JENNINGS NORTH ADDITION, to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in Cabinet B, Slide 484, of the Official Public Records of Tarrant County, Texas. Said 10 foot wide strip of land being more particularly described by metes and bounds as follows: BEGINNING at a point lying N 83° 35' 20" E 673.05 feet, from a "Y" in concrete found at the Southwest corner of said Lot 1, Block 1; THENCE N 44° 13' 02" E THENCE S 49° 49' 46" E THENCE S 44° 13' 02" W THENCE N 45° 46' 58" W acre (213 square feet) of land. 20.92 feet, to a point; 10.02 feet, to a point; 21.63 feet, to a point; 10.00 feet, to the POINT OF BEGINNING containing 0.005 12/12/2023 G:120231EASEMENTSUennings North, Lot 1, Mk 1 - 2 Tracts Encroachment Agreement.doc EXHIBIT "B" BEARING BASE: THE BEARINGS SHOWN HEREON ARE TEXAS STATE �/�5 PLANE GRID BEARINGS ESTABLISHED USING THE 1177 GLOBAL POSITIONING SYSTEM SATELLITES, AND LOCAL �� O CONTINUOUSLY OPERATING REFERENCE STATIONS. `� T� 3� _wAY� G • ,RPG iRSTPR'�"� _o P� 85 _ 1 PVB�'c 5 PR P W�p�H PO �023i ��p,R�PgI. (V01- ,�p201, J f \ \ srq PROPOSED SANITARY SEWER EASEMENT DEDICATED BY THIS PLAT TRACT 4 N 0.003 ACRE (150 SQ. FT) LOT 1, BLOCK 1 JENNINGS NORTH ADDITION CAB. 8, SL. 484 / 0.P.R.T.C.T. 0 C4 552• L4 P.08.` g E TRACT 5 .NN P.0.8_4 TRACT 5 N a�•35.2�. I fj73.0 PROPOSED OPSEDD LOT 2B1 "Y" IN CONCRETE FOUND AT —THE SOUTHWEST CORNER OF� LOT 1, BLOCK 1 JENNINGS NORTH ADDITION DECEMBER 12, 2023 BRITTAIN & CRAWFORD LAND SURVEYING & TOPOGRAPHIC MAPPING TEL (a17) 926-0211 FAX 017) 926-9347 P.O. BOX 11374 • 3906 SO%AH FREEWAY FORT WORTH. TEXAS 76110 EMAIL: od,ar+Ob4Rtoh-vostoed.com FIRM C RTIFIG110H. 1019000 TRACT 5 0.005 ACRE (213 SO. FT) -04 LOT 1, BLOCK 1 \ JENNINGS NORTH ADDITION CAB. B. SL. 484 0.P.R.T.C.T, 19 30' DRAINAGE EASEMENT CAB. B, SL. 484 0.P.R.T.C.T. WEST VICKERY BOULEVARD (VARIABLE WIDTH PUBLIC RIGHT-OF-WAY) Course Bearing Distance L1 N 00°45106" W 10.00' L2 N 89°09'55" E 15.00' L3 S 00°45'06" E 10.00' L4 S 89°09'55" W 15.00' L5 N 44°13'02" E 20.92' L6 S 49°49'46" E 10.02' L7 S 44°13'02" W 21.63' L8 N 45°46'58" W 10.00' 'ENCROACHMENT AGREEMENT OF 2 TRACTS OF LAND LOCATED IN LOT 1, BLOCK 1 JENNINGS NORTH ADDITION CITY OF FORT WORTH, TARRANT COUNTY, TEXAS SCALE 1"=60' (J.U.) JENNINGS NOR"H ADDITION\JENNINGS NORTH ADD-2C23 EASE-8-484.dwg #1 - ENCROACHMENT PRIVATE WATER THROUGH PUBLIC STORM PLAN I j 1 // 3 & 2' PRIVATE WATER CROSSING: 4.53 ABOVE PUBLIC STORM 30• DRAINAGE EASEMENT VOL. 5480, PG 485 OP.RTCT - SLID • a . a• • 12 • z• ,y EBOv (PRIVATE WATER CROSSING EXISTING PUBUC 7F STORM LINE) TOWNHOME E7 BUILDING PERMIT: P823-13 -r TOWN HOME FFE: 617.9 wu sc PROFILE f R PHL SCAS, wrtr 620 615 610 605 600 595 590 0+50 HORIZONTAL SCALE: 1"=60' VERTICAL SCALE' 1"=6' �A} 4F (V. 7 1+00 PROP 3' WATER KW PROP. 2' • WATER COM I 2+00 620 615 610 605 600 595 590 #2 & #3 - ENCROACHMENT PRIVATE STORM THROUGH PUBLIC STORM PLAN PRIVATE STORM ENCROACHMENT CONNECTING TO PUBLIC STORM (18' PRIVATE STORM CONNECTING TO EXISTING PUBLIC TT STORM LINE) 30' DRAINAGE EASEMENT VOL 5480, PG 485 11a _ O.P R T.C.T. RIVATE STORM ENCROACHMENT .71 .• 4-rGOtiNECTING TO PUc' IC STORM I'� PRIVATE STORM ►Y#- CONNECTING TO EXISTING - — irr PUBLIC T7 STORM UNE) ' _ TOWNHOI BUILDING PERMIT TOWNI~ FFE: #2 PROFILE #3 PROFILE NORIZONTAL. SCALE, I+&T VERTICM. SCALE. 1'48' 8ZD I PROW GPALI B. nR.a:E E20 BIS B15 818 I BIS 600 I I 1L LEOI+r Nc" II . I57S B1° 6I6 BIB 590 GR P* ltuE,NEEET i AE #1 '.90 #4 - ENCROACHMENT PRIVATE STORM CROSSING PUBLIC SEWER PLAN f kr- \ 40' SEWER EASEMENT • '� + ,\ . (BY THIS PLAT] Eirp....71-PRIVATE 24• PRIVATE STORM 1 r CROSSING PUBLIC 8' SEWER' ';B (377' BELOW SEWER) - (24•PRIVATE STORM CROSSwG 1$.4 PUBLIC SEWER EASEMENT) h 4.l LOT 2 RESTAURANT 5,358 SF FFE: 617.40 RESTAURANT BUILDING PERMIT PB23-115'fl 1 PROFILE ppRplF: s a� .Ntt t. n so 620 615 610 605 600 595 HORIZONTAL SCALE: 1"=60' VERTICAL SCALE: 1"=6' EX GRAL PROP GM STA 0+66.46 SAN SEWER CROSSING] FL 609.29 n ci 56LFOF 24" HDPE @ 1 00% 0+00 1+00 620 E ADE 615 610 605 600 595 #5 - ENCROACHMENT PRIVATE STORM CROSSING PUBLIC SEWER/STORM PLAN 40' SEWER EASEMENT (BY THIS PLAT) • 'dam q,p OT 2 iTAURANT 358 SF 617.40 30' DRAINAGE ESMT CAB B, SL ago O.P.R.T.C.T L 7 PRNATE 10-PRIVATE STORM CONNECTING TO EXISTING N. _IL�I�• TORM (1r PRIVATE STORM ENCROACHING INTO EXISTING \ DRAINAGE ANO SEWER EASEMENT) WEST VICKERY BOULEVARD 24' Prepo.ed Sewer Lone • \ . f PROFILE GRAPHIC eCAI! In FIST 5L• 625 620 615 610 605 600 595 590 HORIZONTAL SCALE VERTICAL SCALE 1' 76' CI 33' RCP PR;?P GRADE EP, GRADE LF.ua a7.pSSi4 :ir. RE.2 aph— SANITARY SEWER CROSSING FL 596 04 ExrwxgSTORM -0+50 0+00 1+00 1+50 625 620 615 610 600 595 590 RELEASE AND ABANDONMENT OF A PERMANENT UTILITY EASEMENT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT WHEREAS, according to the Official Public Records of Tarrant County, Texas, Vickery Village Development, LLC a Texas limited liability company, is the real property surface owner ("Owner") of 0.381 of an acre tract of land, situated in the Jennings North Addition, an Addition, located in the City of Fort Worth, Tarrant County, Texas, being all of that certain Lot 1, Block 1 described as in a Special Warranty Deed to Owner recorded in Instrument No. D223207595 of the Official Public Records of Tarrant County, Texas; and WHEREAS, an owner dedicated by Separate Instrument to the City of Fort Worth, Permanent Utility Easement ("Easement"), as evidenced in Instrument No. D198083314, recorded on April 21st, 1998, in the Official Public Records of Tarrant County, Texas; and WHEREAS, the Owner has requested that the City of Fort Worth abandon and release said Easement, being more fully described in the attached Exhibit "A". NOW, THEREFORE, the City of Fort Worth, in consideration of $10.00 and other good and valuable consideration, does hereby abandon, release and discharge all of its rights, title, and interests in, to, and under that Easement, as shown and defined in the attached Exhibit "A". [SIGNATURES APPEAR ON THE FOLLOWING PAGE] ABANDONMENT.' VACATION OF EASEMENT Rev 20181217 FORT WORTH. IN WITNESS WHEREOF, this instrument is executed this 15th day of April , 20 24 THE CITY OF FORT WORTH By: Or`-� Jesica McEachern Assistant City Manager Approved as to Form and Legality: By:nab' k - Name: Jeremy Anato Mensah Assistant City Attorney 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. By: :7.'.201=24s,co., Rebecca Diane Owen Planning Manager THE STATE OF TEXAS COUNTY OF TARRANT ACKNOWLEDGEMENT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of TEXAS, on this day personally appeared Jesica McEachern, Assistant City Manager of the CITY OF FORT WORTH, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the CITY OF FORT WORTH and that she executed the same for the purposes and consideration therein expressed and, in the capacity, therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 15th day of April 20 24 BROOKE BONNELL Notary Public * STATE OF TEXAS Notary 1.D. 134009525 MI Comm. Exp. Oct. 11, 2026 ' ABANDONMENT / VACATION OF EASEMENT Rev. 20181217 Preakr P.inneff,Agr 1 %2624 0:54 COT; Notary Public in and for the State of TEXAS FORTWORTH. City of Fort Worth Department of Engineering WATER AND SANITARY SEWER RELOCATIONS FOR THE IH-30 RECONSTRUCTION PROJECT CONTRACT 211-SUMMIT AVENUE TO UEMPB1LL STREET WATER PROJECT NUMBER PW77-060770190010 SEWER PROJECT NUMBER: PS46-070460190010 DOE NUMBER 1770 STATE OF TEXAS COUNTY OF TARRANT EXHIBIT A PERMANENT UTILITY EASEMENT TEATIME, WEST VICKERY LAND COMPANY, INC., herein referred to as "Grantot", for and in consideration of One Dollar ($1.00) and other valuable consideration .. the City of Fort Worth, a municipal corporation of Tarrant County, Texas, the receipt of which is hereby a .. wleedged, do grant, bargain, and convey unto said City, its successors and assi ns, the use and passage in , over, across, below, and along the following pat+cel or tract of land situated in Tarrant County, Texas, in accordance with the plat hereto attached: 0.381 OF AN ACRE TRACT Part of the Sarah Grey JSurvey, Abstract 844 situated in the City of Fort Worth, about one mile due South from the court house, in Tarrant Co Texas, embracing a portion of Lot 1 of Block 1 of the Jennings North Addition. an addition to the City ofFort Wor , in Tarrant County, Texas, as shown on the plat recorded in Cabinet B, Slide 484 of the Tarrant County Map Records, and a portion of the 4.310 acres tract of land described in the deed to West Vickery Land Company, Inc. recorded in Volume 10368, Page 1787 of the Tarrant County Deed Records. Commencing at a point in the south line of Interstate Highway Number 30, a variable width right of way, for the northeast corner of said Jennings North Addition and said West Vickery Land Company, Inc. tract, and the northwest corner of the tract of land described in the deed to Team Bank recorded in Vorutne 9191, Page 605 of said Deed Records. Thence along the south line of said Interstate Highway Number 30 and the north line of said Jennings North Addition and said West Vickery Land Company, Inc. tract, in a westerly direction Wong a curve to the left having a radius of 2732.79 feet, a carnal angle of 4 degrees 56 minutes 14 seconds, an arc length 01235.49 feet and a chard which bears South 87 degrees 59 minutes 03 seconds West, a chord distance of 235.41 feet to a 5/8 inch iron rod set for the point ofbeginning of the herein described tract. Thence South 37 degrees 38 minutes 56 seconds Bast, a distance of 106.00 feet to a 5/8 inch iron rod set for corner. Thence South, a distance of 113.04 feet to a 5/8 inch iron rod set for corner. • Thence South 45 degrees 00 minutes 00 seconds West, a distance of 61.07 feet to a 5/8 inch iron rod set in the north line of West Vickery Boulevard a variable width right of way as shown on the plat of said Jennings North Addition. Thence South 89 clegm 45 minutes 11 seconds West, along the south line of said Jennings North Addition and the north line of said West Vickery Boulevard, a distance of 71.02 feet to a 5/8 inch iron rod set for corner. Thence North 45 degrees 00 minutes 00 seconds East, a distance of 90.79 feet to a 5/8 inch iron rod set for corner. Thence North, a distance of 75.28 feet to a 5/8 inch iron rod set for corner. Thence North 37 degrees 38 minutes 56 seconds West, a distance of 120.86 feet to a 5/8 inch iron rod set in the south line of said Interstate Highway Number 30 and the north line of the said Jennings North Addition and said West Vickery Land Company, Inc. tract. Thence along the south line of said Interstate Highway Number 30 and the north line of said JenningsNorth Addition and said West Vickery Land C. ... • Inc. tract, in an easterly direction alonga curve to the rigt having a radius of 2732.79 feet, a central angle of 1 • - - 14 minutes 37 seconds, an arc length of 59.31 feet and a chord which bears North 84 degrees 53 minutes 44 seco • • East, a chord distance of 59.31 feet to the point of begbaning and containing 16,598 square feet or 0.381 of an acre of land. The bearings and distances described herein are based on the following Texas Department of Transportation Survey Control Monuments: Point Number &ding �esc�� pppy�� 711 2050792.07 331.73 Found�'Y"rirr Concrete 726 2050963.93 392364.07 Found Concrete Monument *TRC* TARRANT Doc: 000083314 Date: 04/21/1998 Vol: 0013179 Page: 00284 Page: 1 Of 4 f for It is (further agreed and understood that the City of Fort Worth will be permitted use of the above described strip of land order thhe aurpose t access may the construction and maintenance of utilities. An ingress and egress easement shall be granted in Y gained to the above described Permanent Utility Easement. TO HAVE AND TO HOLD the above described premises together with. all and singular, the rights and appimenanoes thereto m any way belonging, unto the said City of F`on Worth, its successors and assigns, forever, and Uwe do hereby bind myself/ourseives, my/our heirs, successors and assigns, to warrant and forever defend, all and singular the said premises unto the said City of Fort Worth, its successors and assigns against every person whomsoever ]awfully claiming or to claim the same or any part thereof. It is intended by these presents to convey a right of way to said Cityof Fort Worth to maintain, repair and construct the above improvements with the usual right of ingress and egress in the necessary use of such right of way, to and along the said premises. IPIWIDIES5 WHEREOF, Grantor(s), Q.1c�,2 1 e caused this instrument to be executed on the /‘ day of rsi&red, Notary Public in and for the said County and State, on this day personally appeared known to me to be the person(s) whose name is subscribed on the foregoing e+ }reseed t, an acknowledged to me that he/she/they executed the same for the purpose and in the capacity herein Given under my hand and seal of office this /%y of l.,� 19, 4ubttcT nit D Aaez *TRC* TARRANT Doc: 000083314 Date: 04/21/1998 Vol: 0013179 Page: 00284 Page: 2 Of 4 THE SEARINGS AND DISTANCES si0WN NERE0N ARE 845E0 CH NE FOLLOWING TEXAS DEPARTMENT OF TRANSPORTA110N SURVEY CONTROL POINTS: PONT NUAa8ER NORIWNG EASING 711 2050792.07 391906,73 726 2050963.93 392364.07 OESCRIPTION FOUND `Y' IN CONCRETE FOUND CONCRE1E MONUMENT :laiLU1 tan • a21l21.d.t : 11117g1 :l1Wi.1:ltl1 IIIIM_14e1 44 INTERSTATE HIGHWAY NUMBER 30 R.O.W. (vorioble width right of way) VOLUME 10201, PAGE 1023 TARRANT COUNTY DEED RECORDS 1/2• SONO S/r• M04 RO6 CACRos9.31' . MOM. "PTh.Z1.7) rO.M•E .:9.31' SET Sir Nyl ROD R 273$79' pa2732.79' L..63673. PROPOSED 50' UTILITY EASEMENT JENNINGS NORTH AOD1nON. CABINET B, suDE 484 TARRANT COUNTY MAP RECORDS S[r O/.- L•w S(D Kr s/r I10e• iw 9' R.O.W. VACATED 8Y 'PD •0p OROINANCE NO. I0997 �‘ y;` $89'45'U'0 97349' 589'43'11'WJN POINT OF BEGINNING /+• API Roo Are 54. 4• R.273279' L-23549' CMOR0..235.r• 'rJ CNORO. tR(ARW6.•SL7•S9'a3'w WEST VICKERY BOULEVARD (varioble width right of way) 8 8 n EXHIBIT AREA1216.598 SOUARE FEET OR 0.381 OF AN ACRE SnS,,I'Poi Iwo TO WEST MCKERY LAND COMPANY. INC VOLUME 10368 PAGE 1787 TARRANT COUNT OEED RECORDS sR S/r as ROD Yrii-1 ALLAN CAVINE o�43650� O , 1, Alon Caviness, Registered Professional Land Surveyor, No. 4365. State of Texas, do certify that this plot was prepared from o survey mode on the ground under my supervision during the month of June, 1997. GIVEN UNDER MY HAND =' SEAL this the 1st of August, 1997 ALLAN AVINESS, R.P.L.S. #4365 POINr OF COYuENONG LOCATION OF SITE TO TEAM BANK VOLUME 9191, PAGE 605 TARRANT COUNTY DEED RECORDS SCALE IN FEET EXHIBIT "A", 50' PERMANENT UTILITY EASEMENT 28-SUMM1T AVENUE TO HEMPHILL STREET SANITARY SEWER M-15 DOE #1770 JULY 30, 1997 11PN:PW77-050770190010 SPN:PS46-070460130010 r �C SAWED() sMcWiLLtAM3 lac. alS/ teel+oe•eoee fRe,.awt re.. ro.aeas *TRC* TARRANT Doc: 000083314 Date: 04/21/1998 Vol: 0013179 Page: 00284 Page: 3 Of 4 EXHIBIT B Certificate of Insurance Tier II Easement Encroachment Agreement Page 1 1 of 11 Revised 12.'2022