HomeMy WebLinkAboutContract 61341Date Received: 04/29/24
Time Received: 4:20 p.m.
Record Number: PN23-00138
City Secretary No.: 61341
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
TIER It
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, Primrose Public Facility Corporation, a(n) Texas
public facility corporation ("Licensee") and Jefferson Primrose South, LLC a(n) Texas
limited liability company ("Developer"), (collectively the "Licensee Group") both acting
by and through their duly authorized representatives.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 5699 Columbus
Trail, Fort Worth, Texas 76123("Property"), as recorded in Deed Records as a tract of land
situated in the A. Hodge Survey, Abstract Ne 1789, Tarrant County, Texas, and being part
of a called 11.7831 acre tract of land described in Special Warranty Deed to Jefferson
Primrose Land Holdings, LLC, recorded in Instrument No. D222287027 of said Official
Public Records, and being a portion of proposed Lot 1, Block C, Primrose Station, a proposed
addition to the City of Fort Worth, by Instrument Number D223092447, in Tarrant County,
Texas, and;
WHEREAS Developer, through a certain lease agreement, has a leasehold interest
in the Property; and
WHEREAS, the City owns a sanitary sewer easement (the "Public Property")
adjacent to the Property, recorded in the deed records of Tarrant County by instrument
number D223217451;
WHEREAS, Developer 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 Developer, the City will allow the
encroachment under the terms and conditions as set forth in this Agreement.
NOW, THEREFORE, the City, Licensee, and Developer agree as follows:
Tier II ROW Encroachment Agreement Page 1 of 14
Revised 12/2022
AGREEMENT
611� The City, in consideration of the payment by Licensee Group of the fee set out below
and covenants and agreements hereinafter contained to be kept and performed by Licensee
Group, hereby grants permission to Licensee Group 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 sanitary sewer, call boxes, storm drain, retaining wall with a gate,
fence and sidewalk (the "Encroachment"). Upon completion of the Encroachment, Licensee
Group agrees to be responsible for maintaining the Encroachment within the Public Property.
Licensee Group shall 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 Group shall
submit all plans and specifications to the Director of the Development Services Department
or duly authorized representative. Licensee Group shall not commence construction or
installation of the Encroachment nor make any use of the Public Property until after the
execution of this Agreement.
Licensee Group, 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 Group
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 Group agrees that City may enter and utilize the Public Property at any time
for any public purpose, including installing, repairing, replacing, or maintaining
Tier II ROW Encroachment Agreement Page 2 of 16
Revised 12/2022
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 Group 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 to by Licensee Group that
if this Agreement terminates and Licensee Group fails to remove the Encroachment and
restore the Public Property, Licensee Group 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 Group
agrees to pay to City at the time this Agreement is requested an application fee in the sum of
Nine Hundred Dollars ($900.00).
2
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 Group's noncompliance with any of the terms of this Agreement. City shall notify
Licensee Group in writing of any such noncompliance and if Licensee Group 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 Group 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
Tier II ROW Encroachment Agreement Page 3 of 14
Revised 12/2022
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
detennine 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 GROUP 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 GROUP HEREBY ASSUMES ALL
LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE
GROUP 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
GROUP, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, OR INVITEES.
10.
While this Agreement is in effect, Licensee Group 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 Group that such insurance amounts may
be revised upward at City's option and that Licensee Group shall so revise such amounts
Tier II ROW Encroachment Agreement Page 4 of 14
Revised 12/2022
immediately following notice to Licensee Group 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 Group 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 Group's contractors and subcontractors.
11.
Licensee Group 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 Group 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 Group 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 Group 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 Group 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 Group, 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 Group.
15.
Tier II ROW Encroachment Agreement Page 5 of 14
Revised 12/2022
Licensee Group agrees and acknowledges that this Agreement is solely for the
purpose of permitting Licensee Group 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 Group agrees that it will obtain all necessary
permissions before occupying such property.
16.
In any action brought by the City for :he enforcement of the obligations of the
Licensee Group shall be entitled to recover interest and reasonable attorneys' fees.
17.
The City and License Group all agree that the duties and obligations contained in
Section 5 shall survive the termination of this Agreement.
18.
Licensee Group 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
Group conveys the Property, Licensee Group may assign all of its rights and obligations
under this Agreement to the new owner of the Property, and Licensee Group 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 Group or assignment to a secured lender by Licensee Group
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 Group's rights and obligations hereunder. However, no change of ownership
due to foreclosure or assignment to any secured lender of Licensee Group 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.
Tier II ROW Encroachment Agreement Page 6 of 14
Revised 12/2022
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 ROW Encroachment Agreement Page 7 of 14
Revised 12/2022
City:
CITY OF FORT WORTH
Z=-A--
Dalton Harrektpr 29, 2024 08:32 CDT)
By:
D.J. Harrell, Director of the
Development Services Department
Date: Apr 29, 2024
ATTEST:
Jannette Goodall,
City Secretary
Date: Apr 29, 2024
Developer:
Jefferson Primrose South, LLC
a Texas limited liability company
by: Jefferson Primrose Land Holdings, LLC
a Delaware limited liability company
TDI Real Estate Holdings III, LLC its
manager
a Texas limited liability company
By:
Name: Blake Taylor
Title: Senior Vice President
Date: 3 / .5 /'Z-q
Approved As To Form and Legality
n"4'
Jeremy Anato-Mensah
Assistant City Attorney
Date: Apr 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.
'I
Rebecca Owen (Apr26, 202418:21 CDT)
Date: Apr 26, 2024
Rebecca Owen
Development Services
Tier II ROW Encroachment Agreement Page 8 of 14
Revised 12/2022
Licensee:
FW Primrose Public Facility Corporation
a Texas limited liabany
Tj t 10 Mili it -�q
By:
Name. tifar��-�&4argar mons
Title: Secretary/Treasurer "�
Date:�� �, A j 9Lb�T
Tier II ROW Encroachment Agreement Page 9 of 14
Revised 12/2022
adk.I6`2W.,M���U�ll Ia &0jQk jU;4l'kill:411"us2L-4 I�A'��l�l►+Iw'ii�i
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personalty 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 29th day of
April 2024 ..
�Pava�o KATHLEEN BRADFORD
Notary Public
OO �* STATE OF TEXAS
yr P Notary I.D. 12197197
Notary Public in and for the State of Texas FOF My Comm. Exp. Apr, 12, 2027
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
Tier II ROW Encroachment Agreement Page 10 of 14
Revised 12/2022
STATE OF TEXAS §
COUNTY OF 00145 §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
{X0-S , on this day personally appeared Blake Taylor, Senior Vice President (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 Jefferson Primrose South, LLC, a Texas limited
liability company (entity type), and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this rr �11 day of il-IA r&j ,
2024.
�4/'?. I*
Notary Public in and for the
State of T f
Tier II ROW Encroachment Agreement
CHELSEA DIANNE DAUER
_: zo Notary Public, State of Taxes
Comm. Expires 03-25-2026
Notary ID 133668093
Page 11 of 14
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 Mary -Margaret Lemons, Secretary/Treasurer
(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 FW Primrose Public Facility Corporation, a
Texas nonprofit corporation (entity type), and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 4AN' day of Nrch ,
2024.
Notary Public in aid for the
State of t, "tg__
Tier II ROW Encroachment Agreement
F
EVA C KEY
Notary ID 910943269 1
My Commission Expires j
-`•� August 15, 2025 ?
Page 12 of 14
Revised 12/2022
EXHIBIT A
Depiction and description of the Encroachment
Tier II ROW Encroachment Agreement Page 13 of 14
Revised 12/2022
FORT WORTH
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THE CITY OF FORT WORTH, TEXAS
TRANSPORTATION & PUBLIC WORKS
PAVING & DRAINAGE IMPROVEMENTS TO SERVE
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MATTIE PARKER
4 MAYOR
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CJTY MANAGER
MTC14AEL OWEN, P.E.
CITY ENGINEER, TRANSPORTATION AND
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FoRTWoRTH
THE CITY OF FORT WORTH
ENCROACHMENT AGREEMENTS
PRIMROSE NORTH, LOT 1, BLOCK A
VICINITY MAP
SCALE: 1" = 2,000'
13 Nod R..d, T—
Gallen, Office T—, Suite
7M, D,II,s, T 75240
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ENCROACHMENT 1 DESCRIPTION
BEING a tract of land situated in the A. Hodge Survey, Abstract No. 1789, Tarrant County, Texas and being part of
a called 112.7831 acre tract of land described in Special Warranty Deed to JEFFERSON PRIMROSE LAND
HOLDINGS, LLC, recorded in Instrument No. D222287027, of said Official Public Records, and being a portion of
proposed Lot 1, Block C, Primrose Station, a proposed addition to the City of Fort Worth, and being more
particularly described as follows:
COMMENCING at a 5/8-inch iron rod with plastic cap stamped "TRANSYSTEMS" found for the southeast end of the
south terminus of Brewer Boulevard (a 110-foot wide right-of-way), recorded in Instrument No. D218213695, Official
Public Records, Tarrant County, Texas;
THENCE departing said south terminus of Brewer Boulevard, over and across said called 112.7831 acre tract and
proposed east right-of-way line of Brewer Boulevard, the following courses and distances:
South 00°00'00" East, a distance of 318.14 feet to a point for corner at the beginning of a tangent curve to the
right with a radius of 1,055.00 feet, a central angle of 13°52'40", and a chord bearing and distance of South
06°56'20" West, 254.91 feet;
In a southwesterly direction, with said tangent curve to the right, an arc distance of 255.54 feet to a point for
corner in the north line of a proposed Sanitary Sewer Easement;
THENCE with said north line and an east line of the proposed Sanitary Sewer Easement, the following courses and
distances:
South 75034'38" East, a distance of 105.29 feet to a point for corner;
South 14°25'22" West, a distance of 10.00 feet to the POINT OF BEGINNING;
THENCE continuing with said cast line of the proposed Sanitary Sewer Easement, South 14°25'22" West, a
distance of 15.00 feet to a point for corner;
THENCE departing said east line of the proposed Sanitary Sewer Easement, the following courses and distances:
North 75°34'38" West, a distance of 25.00 feet to a point for corner;
North 14°25'22" East, a distance of 15.00 feet to a point for corner;
South 75°34'38" East, a distance of 25.00 feet to the POINT OF BEGINNING and containing 375 square feet
or 0.0086 acres of land.
The basis of bearings is based on State Plane Coordinate System, Texas North Central Zone 4204, North American
datum of 1982 (2011).
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J. ANDY DOBBS
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VALDEZ, LEONARDO 10/31/2023 3:21 PM K:\DAL_SURVEY\064446522-JPI PRIMROSE COLUMBUS TRAIL
ENCROACHMENT EXHIBIT
TRACTS 1-3
HODGE SURVEY, ABSTRACT NO. 1789
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
Ki!9,1gy)))Horn
13455 Noel Road, Ta OTel. No. (972) 770-1300
Tower, Suite 700, Dallas, Texas 75240 FIRM # 10115500 Fax No. (972) 239-3820
Scale I Drawn by Checked by Date Proiect No. I Sheet No.
N/A LDV JAD Oct. 2023 064446522 1 OF 5
'ORT WORT JDWG\0644465 2-JPI PRIMR SE COLUMBUS TRAIL FORT
ENCROACHMENT 2 DESCRIPTION
BEING a tract of land situated in the A. Hodge Survey, Abstract No. 1789, Tarrant County, Texas and being part of
a called 112.7831 acre tract of land described in Special Warranty Deed to JEFFERSON PRIMROSE LAND
HOLDINGS, LLC, recorded in Instrument No. D222287027, of said Official Public Records, and being a portion of
proposed Lot 1, Block C, Primrose Station, a proposed addition to the City of Fort Worth, and being more
particularly described as follows:
COMMENCING at a 5/8-inch iron rod with plastic cap stamped "TRANSYSTEMS" found for the southeast end of the
south terminus of Brewer Boulevard (a 110-foot wide right-of-way), recorded in Instrument No. D218213695, Official
Public Records, Tarrant County, Texas;
THENCE departing said south terminus of Brewer Boulevard, over and across said called 112.7831 acre tract and
proposed east right-of-way line of Brewer Boulevard, the following courses and distances:
South 00°00'00" East, a distance of 318.14 feet to a point for corner at the beginning of a tangent curve to the
right with a radius of 1,055.00 feet, a central angle of 13°52'40", and a chord bearing and distance of South
06°56'20" West, 254.91 feet;
In a southwesterly direction, with said tangent curve to the right, an arc distance of 255.54 feet to a point for
corner in the north line of a proposed Sanitary Sewer Easement;
THENCE with said north line the proposed Sanitary Sewer Easement, South 75°34'38" East, a distance of 48.43
feet to the POINT OF BEGINNING;
THENCE continuing with said north line of the proposed Sanitary Sewer Easement, South 75°34'38" East, a
distance of 15.00 feet to a point for corner;
THENCE departing said north line of the proposed Sanitary Sewer Easement, over and across, South 14°25'22"
West, a distance of 35.00 feet to a point for corner in the south line of said proposed Sanitary Sewer Easement;
THENCE with said south line of the proposed Sanitary Sewer Easement, North 75'34'38" West, a distance of 15.00
feet to a point for corner;
THENCE departing said south line of the proposed Sanitary Sewer Easement, North 14°25'22" East, a distance of
35.00 feet to the POINT OF BEGINNING and containing 525 square feet or 0.0121 acres of land.
The basis of bearings is based on State Plane Coordinate System, Texas North Central Zone 4204, North American
datum of 1982 (2011).
ENCROACHMENT EXHIBIT
TRACTS 1-3
HODGE SURVEY, ABSTRACT NO. 1789
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
Kirntpy* Horn
13455 Noel Road, Two GalledTel. No. (972) 770-1300
Tower, Suite 700, Dallas, Texas 75240 FIRM # 10116500 Fax No. (972) 239.3820
Scale I Drawn by Checked by Date Project No. I Sheet No.
N/A LDV JAD Oct. 2023 064446522 2 OF 5
)ALDEZ, LEONARDO 10/31/2023 3:21 PM K:\DAL_SURVEY\064446522-JPI PRIMROSE COLUMBUS TRAIL FORT WORTH`DWG\064446 22-JPI PRIMR SE COI-UMB S TRAIL FORT
ENCROACHMENT 3 DESCRIPTION
BEING a tract of land situated in the A. Hodge Survey, Abstract No. 1789, Tarrant County, Texas and being part of
a called 112.7831 acre tract of land described in Special Warranty Deed to JEFFERSON PRIMROSE LAND
HOLDINGS, LLC, recorded in Instrument No. D222287027, of said Official Public Records, and being a portion of
proposed Lot 1, Block C, Primrose Station, a proposed addition to the City of Fort Worth, and being more
particularly described as follows:
COMMENCING at a 5/8-inch iron rod with plastic cap stamped "TRANSYSTEMS" found for the southeast end of the
south terminus of Brewer Boulevard (a 110-foot wide right-of-way), recorded in Instrument No. D218213695, Official
Public Records, Tarrant County, Texas;
THENCE departing said south terminus of Brewer Boulevard, over and across said called 112.7831 acre tract and
proposed east right-of-way line of Brewer Boulevard, the following courses and distances:
South 00'00'00" East, a distance of 318.14 feet to a point for corner at the beginning of a tangent curve to the
right with a radius of 1,055.00 feet, a central angle of 13°52'40", and a chord bearing and distance of South
06°56'20" West, 254.91 feet;
In a southwesterly direction, with said tangent curve to the right, an arc distance of 255.54 feet to a point for
corner in the north line of a proposed Sanitary Sewer Easement;
THENCE with said north line the proposed Sanitary Sewer Easement, South 75034'38" East, a distance of 23.13
feet to the POINT OF BEGINNING;
THENCE continuing with said north line of the proposed Sanitary Sewer Easement, South 75°34'38" East, a
distance of 15.00 feet to a point for corner;
THENCE departing said north line of the proposed Sanitary Sewer Easement, over and across, South 14°35'57"
West, a distance of 35.00 feet to a point for corner in the south line of said proposed Sanitary Sewer Easement;
THENCE with said south line of the proposed Sanitary Sewer Easement, North 75°34'38" West, a distance of 15.00
feet to a point for corner;
THENCE departing said south line of the proposed Sanitary Sewer Easement, over and across, North 14'35'57"
East, a distance of 35.00 feet to the POINT OF BEGINNING and containing 525 square feet or 0.0121 acres of land.
The basis of bearings is based on State Plane Coordinate System, Texas North Central Zone 4204, North American
datum of 1982 (2011).
ENCROACHMENT EXHIBIT
TRACTS 1-3
HODGE SURVEY, ABSTRACT NO. 1789
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
Kim1�y)))Horn
13455 Noel Road, Two Galleria OTel. No. (972) 770-1300
Tower, Suite 700, Dallas, Texas 75240 FIRM # 10116500 Fax No. (972) 239-3820
Scale ff Drawn by (\ Checked by I\ Date Project No. Sheet No.
VALDEZ, LEONARDO 10/31/2023 3:21 PM K:1DAL,.__SURVEY\064446522-JPI PRIMROSE COLUMBUS TRAIL !ORTNWORT4�DWG 064446522.JP PRIMROSEEcCOLUMB S TRAIL FORT 3 OF 5
� Q
NORTH
Q � I 0 30 60
W = CO �
J 0_ j I— NOTES GRAPHIC SCALE IN FEET
ry 00 U
O C) ZV 1--: The basis of bearings is based on State Plane
m J " ry Coordinate System, Texas North Central Zone
CALLED 6.586 ACRES I W c; a 4204, North American datum of 1982 (2011).
O
TARRANT REGIONAL
WATER DISTRICT I W z z
INST. NO. D218283339 0z o P.O.C.
O.P.R.T.C.T. m ENCROACHMENTS 1, 2, & 3
IRFC "TRANSYSTEMS" Q IRFC "TRANSYSTEMS"
�' N89°58'11"W 110.00,
\ Q
M
\ Q W w
W J C,
\ 0O 0O U)
\ O Iz
\\ CL �:
\ W
\ ry
in m
JEFFERSON PRIMROSE \\\
LAND HOLDINGS, LLC \ d=i3°50
R=1055.00' \
' \
INST. NO. D222287027 \ L=255.54' \
O.P.R.T.C.T. \ CB=N6°56'20"E
C=254.91' \
PROPOSED \
LOT 2, BLOCK D \
PRIMROSE STATION \
CALLED 3.363 ACRES \
WATER PIPELINE EASEMENT AND \
RIGHT-OF-WAY \
TARRANT REGIONAL WATER DISTRICT \
DOC. NO. D218283339 \
m` � — ENCROACHMENT EXHIBIT
MATCHLINE (SEE SHEET 5)
TRACTS 1-3
HODGE SURVEY, ABSTRACT NO. 1789
LEGEND CITY OF FORT WORTH,
A = CENTRAL ANGLE TARRANT COUNTY, TEXAS
P.O.C. = POINT OF COMMENCING
P.O.B.=POINT OF BEGINNING Kimtpy)))le Horn
IRFC =IRON ROD W/CAP FOUNDIPF = IRON PIPE FOUND 13455 Noel Road, Two Galled Tel. No. (972) 770-1300
D.R.T.C.T. = DEED RECORDS OF TARRANT COUNTY, TEXAS Tower, suite 700, Dallas, Texas 75240 FIRM# 10115500 Fax No. (972)239-3820
O.P.R.D.C.T. = OFFICIAL PUBLIC RECORDS, TARRANT scale Drawn by Checked by Date Proiect No. Sheet No.
COUNTY, TEXAS 1" = 60, Drawn
JAD Oct. 2023 064446522 1 4 OF 5
VALDEZ, LEONARDO 10131/2023 3:21 PM K:\DAL_SURVEY\064446522-JPI PRIMROSE COLUMBUS TRAIL FORT WORTJ\DWG\06444 522-JPI PRIMR SE COLL S TRAIL FORT
MATCHLINE (SEE SHEET 4)
\ \ NORTH
LU 30 60
0-4
r` I ,
� J N �L► A=13'52'40" \ 9� RCF,�63g0 GRAALEI
—cam �^ N U R=1055.00' C q y N R
I U N L=255.54' \\\ /yOTFQ� F
CL Z O Q CB=N6'56'20"E 48.43' 07S' �7 T �qY
O 1 2' a /y C=254.91' P.O.B.
co O O• CO � `L TRACT 3
w = _: �P.O.B. \co
\
Z �Q L9 TRACT 2 \
L5 S75°34'38"E \
O105.29'
)�\
Q O Co L4 O -1 S14°25'22"W
ij O M M 10.00' \ \
W \
P.O.B.
O Lu
L11 con� L10 L2 / L1 TRACT 1
� N O L7 L6
o� ENCROACHMENT 3 ENCROACHMENT 1
a 0.0121 ACRES / 0.0086 ACRES
525 SQ. FT. 375 SQ. FT. - N
,ENCROACHMENT 2 ` PROPOSED r IQ
EO SANITARY SEWER Q .
0.0121 ACRES EASEMENT 7 .W
>
525 SQ. FT.
I�
0
LINE
TABLE
JEFFERSON PRIMROSE
PROPOSED
LAND HOLDINGS, LLC
LOT 3, BLOCK D
d
NO.
BEARING
LENGTH
INST. NO. D222287027
PRIMROSE STATION
Q
I�
L1
S14°25'22"W
15.00' O.P.R.T.C.T.
/
L2
N75'34'38"W
25.00'
NOTES
L3
N14`25'22"E
15.00'
The basis of bearings is based on State Plane Coordinate System,
L4 S75°34'38"E 25.00' Texas North Central Zone 4204, North American datum of 1982 (2011).
L5
S75°34'38"E
15.00'
L6
S14°25'22"W
35.00'
L7
N75°34'38"W
15.00'
L8
N14°25'22"E
35.00'
L9
S75°34'38"E
15.00,
L10
S14°35'57"W
35.00'
L11 N75°34'38"W 15.0Y ENCROACHMENT EXHIBIT
L12 N14°35'57"E 35.00' TRACTS 1-3
LEGEND HODGE SURVEY, ABSTRACT NO. 1789
CITY OF FORT WORTH,
A = CENTRAL ANGLE TARRANT COUNTY, TEXAS
P.O.C. = POINT OF COMMENCING
P.O.B. = POINT OF BEGINNING Kimt�y)))Horn
IRFC =IRON ROD WJCAP FOUNDIPF = IRON PIPE FOUND 13455 Noel Road, Two GalledTel. No. (972) 770-1300
D.R.T.C.T. = DEED RECORDS OF TARRANT COUNTY, TEXAS Tower, Suite 700, Dallas, Texas 75240 FIRM # 10115500 Fax No. (972) 239-3820
O.P.R.D.C.T. = OFFICIAL PUBLIC RECORDS, TARRANT Scale Drawn b checked by Date Project No. Sheet No.
COUNTY, TEXAS V = 60' LDV JAD Oct. 2023 064446522 5 OF 5
VALDEZ, LEONARDO 10/31/2023 3:21 PM K:\DAL_SURVEY\064446522-JPI PRIMROSE COLUMBUS TRAIL 'ORT WORT JDWG\064446 22-JPI PRIMR SE COLUMB S TRAIL FOR
/ 2" PRIVATE WATER SERVICE N
f J �PROP. ENCROACHMENT 3 PROP. ENCROACHMENT 2
/ ss \ ENTRY CALL BOX W E
s
PROP. ENCROACHMENT1� $
0 40' 80'
8" PUBLIC SEWER LINE s
' :� GRAPWCSCALE 40'
8" PRIVATE SEWER LINE \
35' SANITARY SEWER EASEMENT
q••ss /� � / / y� /
Zq•.� /
ENCROACHMENT LIMITS I Kimley*Horn
755
750
745
740
735
730
725
720
HORZONTAL SCALE: 1"=100'
VERTICAL SCALE: 1"=10'
LINE SS—C (PUBLIC)
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PUBLIC SEWER ENCROACHMENT PROFILE VIEW I Kimley*Hornl
ANCHOR PROCEDURE
POURED CONCRETE METHODS:
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THE
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FROOST ITU LINE
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MOUNTING CRITERIA
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'DEPTH' 1— DEPTH
REACH'
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TYPICAL INSTALLAPON
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SCREENING FENCE
ss
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\
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\—PUBLIC 54" RCP STORM LINE•��� / \�
ss
/ ENCROACHMENT LIMITS I Kimley*Horn
HORZONTAL SCALE: 1"=60'
LINE 81
VERTICAL SCALE: 1"=6'
:I :. SL►lJN G.\T
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PROP 8'J
N ^ SANITARY
M MM SEWER
1+00 2+00 2+50
7W
730
ULI
PUBLIC STORM ENCROACHMENT PROFILE VIEW I Kimley*Horn
EXHIBIT B
Certificate of Insurance
Tier II ROW Encroachment Agreement Page 14 of 14
Revised 12/2022