HomeMy WebLinkAboutContract 61769Date Received: 7/29/2024
Time Received: 1:18 p.m.
Record Number: PN24-00107
City Secretary No.: 61769
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
TIER 1I
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 Carter Park East Phase 1, L.L.C.,
a Delaware limited liability company ("Licensee"), acting by and through its duly
authorized signatory.
RECITALS
WHEREAS, Licensee is the owner of Lots 11 and 12, Block A, Carter Park East,
an addition to the City of Fort Worth, Texas ("Property"), described in the plat recorded
in Instrument No. D221089352 of the Official Public Records of Tarrant County, Texas
(the "Plat") and acquired by Licensee pursuant to a Special Warranty Deed recorded in
Instrument No. D221275595 of the Official Public Records of Tarrant County, Texas;
and
WHEREAS, the City owns a 40' water and sanitary sewer easement (the "Public
Property") on the Property, pursuant to the Plat record above, of Tarrant County; 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 fence and electrical line (the "Encroachment"). Upon
completion of the Encroachment, Licensee agrees to be responsible for maintaining the
OFFICIAL RECORD
Tier II Easement Encroachment Agreement CITY SECRETARY Page 1 of 11
FT. WORTH, TX
Encroachment within the Public Property. Licensee shall not expand or otherwise cause
the Encroachment to further infringe in or on the Public Property beyond what is
specifically described in Exhibit "A."
2.
All construction, installation, maintenance, and operation of the Encroachment
and the use or occupancy of the Public Property shall comply with and be performed in
strict compliance with this Agreement and with the charter, ordinances, codes, and
policies of the City. Prior to the construction or installation of the Encroachment,
Licensee shall submit all plans and specifications to the Director of the Development
Services Department or duly authorized representative. Licensee shall not commence
construction or installation of the Encroachment nor make any use of the Public Property
until after the execution of this Agreement.
3.
Licensee, at no expense to the City, shall make proper provisions for the
relocation and installation of any existing or future utilities affected by such
Encroachment and the use and occupancy of the Public Property, including the securing
the approval and consent of the appropriate utility companies and agencies of the State of
Texas and its political subdivisions. In the event that any installation, reinstallation,
relocation, or repair of any existing or future utility or improvements owned by or
constructed by or on behalf of the public or at public expense is made more costly by
virtue of the construction, maintenance, or existence of the Encroachment and use of
Public Property, Licensee shall pay to City an additional amount equal to such additional
cost as determined by the Director of Transportation and Public Works, the Director of
the Water Department, the Director of the Development Services Department, or their
duly authorized representative.
4.
Licensee agrees that City may enter and utilize the Public Property at any time for
any public purpose, including installing, repairing, replacing, or maintaining
improvements to its public facilities or utilities necessary for the health, safety, and
welfare of the public. The City shall have no responsibility or liability for any damages
related to the Encroachment resulting from the City's use of the Public Property;
however, the City shall make reasonable efforts to minimize such damage.
A
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
Tier II Easement Encroachment Agreement Page 2 of 11
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.
11
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
following the notice and cure periods described herein. 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
Tier II Easement Encroachment Agreement Page 3 of 11
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
$11000,000
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.
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
Tier II Easement Encroachment Agreement Page 4 of 11
real property records of the county in which the Encroachment is located. After being
recorded, the original shall be returned to the City Secretary of the City of Fort Worth.
12.
Licensee agrees to comply fully with all applicable federal, state, and local laws,
statutes, ordinances, codes, and regulations in connection with the construction,
operation, and maintenance of the Encroachment and use of the Public Property.
13.
Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for
by this Agreement or by any federal, state, or local statute, law, or regulation.
14.
Licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as an officer, agent,
servant, or employee of City, and Licensee shall have exclusive control of and the
exclusive right to control the details of its operations, and all persons performing same,
and shall be solely responsible for the acts and omissions of its officers, agents, servants,
employees, contractors, subcontractors, licensees, and invitees. The doctrine of
respondeat superior shall not apply as between City and Licensee, its officers, agents,
servants, employees, contractors, and subcontractors, and nothing herein shall be
construed as creating a partnership or joint enterprise between City and Licensee.
15.
Licensee agrees and acknowledges that this Agreement is solely for the purpose
of permitting Licensee to construct, maintain, and locate the Encroachment over or within
the Public Property and is not a conveyance of any right, title, or interest in or to the
Public Property, nor is it meant to convey any right to use or occupy property in which a
third -party may have an interest. Licensee agrees that it will obtain all necessary
permissions before occupying such property.
16.
In any action brought by the City for the enforcement of the obligations of the
Licensee, City shall be entitled to recover interest and reasonable attorneys' fees.
17.
The parties agree that the duties and obligations contained in Section 5 shall
survive the termination of this Agreement.
Tier II Easement Encroachment Agreement Page 5 of 11
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
City:
CITY OF FORT WORTH
9a�cie Mdi AL—S ycnr
By: J a nie Morales for (Jut 25, 202411:39 CDT)
D.J. Harrell, Director of the
Development Services Department
Date: Jul 25, 2024
ATTEST
&-,, �
C ,' -
Jannette Goodall,
City Secretary
Date: J u 129, 2024
4,d4U4pn��
Cam,°0.
F.11
FORi(yO�-IP
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Pvo oSd
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Q� nEXA?o4p
Licensee:
CARTER PARK EAST PHASE 1, LLC
a Delaware limited liability company
By:
Name: 0 t t<tr
Title: 5 VIP
Date: #16 / 2 L 2
i
Approved As To Form and Legality
O .Artate-71'le+aea/
Jeremy Anato Mensah
Assistant City Attorney
Date: Jul 24, 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 (Jul 24, 202421:33 CDT)
Rebecca Owen
Development Services
Date: Jul 24, 2024
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Tier II Easement Encroachment Agreement Page 7 of I 1
111111 f.`l J 1111.O1I1:01LIJ A WAXIJ CAI N 0 lU 0 0 LN DR&I I1U►111''�tJ
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 25th day of
July 2024 .
Irt�a�d���ee
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 Page 8 of 11
STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared hied A /�J(hl��i°� 5W
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 Carter Park East Phase 1, L.L.C., a Delaware
limited liability company, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
2024.
r�
„n,n�,
1 �.1 rP�a.� PATTI BAUMGART
{ =S `c11: Notary Public, State of Texas
s�
Notary Public in an for the . Pc Comm. Expires 06-20-2027
-*,.� Notary ID 8078199
State of Texas
Tier If Easement Encroachment Agreement Page 9 of 11
EXHIBIT A
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement Page 10 of 11
SIEMENS MOONSHOT
7200 HARRIS LEGACY DR,
FORT WORTH, TX 76140
LOCATION MAP
NOT -TO -SCALE
MAPSCO NO. TAR-106J
COUNCIL DISTRICT 8
LEGAL DESCRIPTION
EASEMENT ENCROACHMENT #1
BEING a 0.0046 acre (200 square foot) tract of land (Tract 1) and a 0.0046 acre (200 square foot) tract of land (Tract 2) situated
in the Shelby County School Land Survey, Tract 3 - Abstract No. 1375, City of Fort Worth, Tarrant County, Texas; said tracts
being part of Lot 11, Block A, Carter Park East, an addition to the City of Fort Worth according to the plat recorded in Instrument
No. D221089352 of the Official Public Records of Tarrant County, Texas; said tracts also being part of that tract of land
described in Special Warranty Deed to Carter Park East Phase 1, L.L.C. recorded in Instrument No. D221275595 of said Official
Public Records; said tracts being more particularly described as follows:
TRACT 1
COMMENCING at a 5/8-inch iron rod with "KHA" cap found for the southeast corner of Lot 8, Block A of said plat;
THENCE South 59°45'29" West, a distance of 380.36 feet to the POINT OF BEGINNING in the north line of a 40-foot
water and sanitary sewer easement dedicated by said plat;
THENCE South 00°29'25" East, departing the said north line of 40-foot easement, a distance of 40.00 feet to a point for corner
in the south line of said 40-foot easement;
THENCE South 89°30'35" West, along the said south line of 40-foot easement, a distance of 5.00 feet to a point for corner;
THENCE North 00°29'25" West, departing the said south line of 40-foot easement, a distance of 40.00 feet to a point for corner
in the said north line of 40-foot easement, from which a 5/8-inch iron rod with "KHA" cap found for the northwest corner of said
Lot 11 bears North 42'36'18" West, a distance of 254.45 feet;
THENCE North 89°30'35" East, along the said north line of 40-foot easement, a distance of 5.00 feet to the POINT OF
BEGINNING and containing 200 square feet or 0.0046 acres of land, more or less.
EASEMENT ENCROACHMENT #1
PART OF LOT 11, BLOCK A
CARTER PARK EAST
SHELBY CO. SCHOOL LAND SURVEY
TRACT 3 - ABSTRACT NO. 1375
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
Kim!�y*Horn
801 Cherry Street, Unit 11, # Tel. No. (817) 335-6511
Fort Worth, Texas 76102 FIRM # 10194040 www.kimley-horn.com
Scale I Drawn by I Checked by Date Proiect No. I Sheet No.
N/A GRW MCB 1/29/2024 061298201 1 OF4
WILLIS, REN 1/29/2024 1:56 PM \\KIMLEY-HORN\CN_FT \FTW_SURVEY\061298201-CARTER PARK EAS- PHASE MID G\EXHIBITS\ 61298201 CARTER PARK EAIT PHASE II_FENCE
ENCROACHMENT —LOT 11.DWG
LEGEND
P.O.B. = POINT OF BEGINNING Q
P.O.C. = POINT OF COMMENCING Y NORTH
IRSC = 5/8" IRON ROD W/ "KHA" CAP SET UO
IRFC = IRON ROD W/CAP FOUND I J
P.O.C. '° 20
(TRACTS 1 & 2) ~
0 GRAPHIC SCALE IN FEET
5/8" IRFC LOT 8, BLOCK A 5/8" IRFC
"KHA" — —=KHA"
Q LOT 11, BLOCK A
U J CARTER PARK EAST
�(INST. NO. D221089352)
CO
o �'SQ 529� CARTER PARK
r I Qs �y9 EAST PHASE 1, L.L.C.
0 (INST. NO. D221275595)
J _
L4
P.O.B. LINE TABLE
(TRACT 1) NO. BEARING LENGTH
r 40' WATER AND L1 S00°29'25"E 40.00'
J J — SANITARY SEWER EASEMENT
(INST. NO. D221089352) L2 S89°30'35"W 5.00'
L3 N00°29'25"W 40.00'
L4 N89°30'35"E 5.00'
------------------------
TRACT 1
0.0046 ACRES
200 SQ. FT.
NOTES
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202) with
an applied combined scale factor of 1.00012. A metes & bounds description of even survey date herewith
accompanies this survey plat.
The undersigned, Registered Professional Land Surveyor,
hereby certifies that this plat of survey accurately sets out the EASEMENT ENCROACHMENT #1
metes and bounds of the encroachment tracts.
PART OF LOT 11, BLOCK A
CARTER PARK EAST
OF SHELBY CO. SCHOOL LAND SURVEY
G1STEO rye TRACT 3 -ABSTRACT NO. 1375
MICHAEL C. BILLINGSLEY : ;* CITY OF FORT WORTH,
REGISTERED PROFESSIONAL ... :....................... :... TARRANT COUNTY, TEXAS
LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY
..................... 801 CHERRY STREET, ""
UNIT 11 SUITE 1300 0 6558 Kim!ppoHorn
FORT WORTH, TEXAS 76102 �F ���'9/ •••• E S S •�801 Cherry Street, Unit 11, # Tel. No. (817) 335-6511
PH. 817-335-6511 .S '�'R v E Fort Worth, Texas 76102 FIRM # 10194040 www.kimley-horn.com
Scale Drawn by Checked byL
Date Project No. Sheet No.
michael.billingsley@kimley-horn.com 1"=20' GRW MCB /29/2024 061298201 30F4
WILLIS, REN 1/29/2024 1:56 PM \\KIMLEY-HORN\CN_FTW\FTW_SURVEY\061298201-CARTER PARK EAST PHASE II\D G\EXHIBITS\061298201 CARPARK EAST PHASE II_F NCE
LEGAL DESCRIPTION
EASEMENT ENCROACHMENT #2
TRACT 2
COMMENCING at a 5/8-inch iron rod with "KHA" cap found for the southeast corner of Lot 8, Block A of said plat;
THENCE South 69°20'43" West, a distance of 523.24 feet to the POINT OF BEGINNING in the north line of a 40-foot
water and sanitary sewer easement dedicated by said plat;
THENCE North 89°30'35" East, along the said north line of 40-foot easement, a distance of 5.00 feet to a point for corner from
which a 5/8-inch iron rod with "KHA" cap found for the southeast corner of Lot 9, Block A of said plat bears North 60°24'01"
East, a distance of 387.99 feet;
THENCE South 00°29'25" East, departing the said north line of 40-foot easement, a distance of 40.00 feet to a point for corner
in the said south line of 40-foot easement;
THENCE South 89°30'35" West, along the said south line of 40-foot easement, a distance of 5.00 feet to a point for corner;
THENCE North 00°29'25" West, departing the said south line of 40-foot easement, a distance of 40.00 feet to the POINT OF
BEGINNING and containing 200 square feet or 0.0046 acres of land, more or less.
NOTES
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202) with
an applied combined scale factor of 1.00012. A metes & bounds description of even survey date herewith
accompanies this survey plat.
The undersigned, Registered Professional Land Surveyor, hereby certifies that this plat of survey accurately sets out
the metes and bounds of the encroachment tracts.
O F T
� �� ��Z � '�P•�G1STE�O ;�
MICHAEL C. BILLINGSLEY tS� �'
REGISTERED PROFESSIONAL *.....•.• •...•... *.
LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLE'
EASEMENT ENCROACHMENT #2
PART OF LOT 11, BLOCK A
CARTER PARK EAST
SHELBY CO. SCHOOL LAND SURVEY
TRACT 3 - ABSTRACT NO. 1375
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
801 CHERRY STREET, ` Kirnley))Horn
UNIT 11 SUITE 1300QI-
6558 am,;'
FORT WORTH, TEXAS 76102 9,J; OF E S S��.• ' O 801 Cherry Street, Unit 11, # 1300 Tel. No. (817) 335-6511
PH. 817-335-6511 1 S Fort Worth, Texas 76102 FIRM # 10194040 w .kimley-horn.com
Scale I Drawn by Checked by Date Project No. Sheet No.
michael.billingsley@kimley-horn.com N/A GRW MCB 1 1/29/2024 061298201 201`4
WILLIS, REN 1/29/2024 1:56 PM \\KIMLEY-HORN\CN_FTW\FTW_SURVEY\061298201-CARTER PARK EAST PHASE II\DWG\EXHIBITS\061298201 CARTER PARK EAST PHASE 11—FENCE
ENCROACHMENT LOT 11.DWG
LEGEND
P.O.B. = POINT OF BEGINNING
P.O.C. = POINT OF COMMENCING
IRSC = 5/8" IRON ROD W/ "KHA" CAP SET
IRFC = IRON ROD W/CAP FOUND
ED
Y
00 1 P.O.C.
°D (TRACTS 1 & 2)
F-
Qr5/8" IRFC
HA"
LINE TABLE
NO.
BEARING
L5
N89°30'35"E
L6
S00°29'25"E
L7
S89°30'35"W
L8
N00°29'25"W
II
LENGTH
5.00,
40.00'
5.00'
40.00'
NORTH
10 20
GRAPHIC SCALE IN FEET
LOT 9, BLOCK A 5/8" IRFC
"KHA"
PART OF
CALLED 300.3879 ACRES
CARTER PARK EAST LAND, LLC
s2324 ZRON<G (INST. NO. D220095204)
L5
- - - - - - - - - - - - - - - - - -
P.O.B.
(TRACT 2) LOT 11, BLOCK A
40' WATER AND CARTER PARK EAST
— SANITARY SEWER EASEMENT
(INST. NO. D221089352) 00 (INST. NO. D221089352)
TRACT 2 J
0.0046 ACRES CARTER PARK
200 SQ. FT. EAST PHASE 1, L.L.C.
(INST. NO. D221275595)
--- --------------- - - - - - - - - - - - - - - - - - - - -
L7
EASEMENT ENCROACHMENT#2
PART OF LOT 11, BLOCK A
CARTER PARK EAST
SHELBY CO. SCHOOL LAND SURVEY
TRACT 3 - ABSTRACT NO. 1375
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
Kjm!py)))Hqrn801 Cht, 35-6511
Fort Worth, Texas 76102 FIRM # 10194040 www.kimley-horn.com
Scale Drawn by I Checked by I Date Project N0. Sheet No.
V = 20' GRW MCB 1/29/2024 061298201 4 OF 4
WILLIS, REN 1/29/2024 1:56 PM \\KIMLEY-HORN\CN_FTW\FTW_SURVEY\061298201-CARTER PARK EAS" PHASE II\D G\EXHIBITS\0 1298201 CAFE �R PARK EAIT PHASE II_FE CE
LEGAL DESCRIPTION
EASEMENT ENCROACHMENT #3
BEING a 0.0092 acre (400 square foot) tract of land situated in the Shelby County School Land Survey, Tract 3 and
12- Abstract No. 1375, City of Fort Worth, Tarrant County, Texas; said tract being part of Lot 11, Block A, Carter Park
East, an addition to the City of Fort Worth according to the plat recorded in Instrument No. D221O89352 of the Official
Public Records of Tarrant County, Texas; said tract also being part of that tract of land described in Special Warranty
Deed to Carter Park East Phase 1, L.L.C. recorded in Instrument No. D221275595 of said Official Public Records;
said tract being more particularly described as follows:
COMMENCING at a mag nail with "KHA" stamped set for the northwest corner of said Lot 11;
THENCE North 89°30'35" West, along the north line of said Lot 11, a distance of 505.85 feet to a 5/8-inch iron
rod with "KHA" cap found for the southeast corner of Lot 8, Block A of said plat;
THENCE South 31 °52'50" East, departing the said north line of Lot 11, a distance of 221.11 feet to the POINT
OF BEGINNING in the north line of a 40' water and sanitary sewer easement dedicated in said plat;
THENCE North 89°30'35" East, along the said north line of the 40' water and sanitary sewer easement, a distance of
10.00 feet to a point for corner;
THENCE South 00°35'46" East, departing the said north line of the 40' water and sanitary sewer easement,
distance of 40.00 feet to a point for corner in the south line of the said 40' water and sanitary sewer easement;
THENCE South 89°30'35" West, along the said south line of the 40' water and sanitary sewer easement, a distance
of 10.00 feet to a point for corner;
THENCE North 00°35'46" West, departing the said south line of the 40' water and sanitary sewer easement, a
distance of 40.00 feet to a point for corner; to the POINT OF BEGINNING and containing 400 square feet or 0.0092
acres of land, more or less.
NOTES
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202) with
an applied combined scale factor of 1.00012. A metes & bounds description of even survey date herewith
accompanies this survey plat.
The undersigned, Registered Professional Land Surveyor, hereby certifies that this plat of survey accurately sets out
the metes and bounds of the encroachment tract.
2024.06.04
07:10:20-05'00'
MICHAEL C. BILLINGSLEY
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 6558
801 CHERRY STREET,
UNIT 11 SUITE 1300
FORT WORTH, TEXAS 76102
PH. 817-335-6511
�PA�GO E•�TF�y
'�
w...i.......................i...�
MICHAEL CLEO BILLINGSLEY
.......................
6558....y
� •' :'pp F D�Qi' 2
SURVE
EASEMENT ENCROACHMENT #3
PART OF LOT 11, BLOCK A
CARTER PARK EAST
SHELBY CO. SCHOOL LAND SURVEY
TRACT 3 - ABSTRACT NO. 1375
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
Ki mle Horn
801 Cherry Street, Unit 11, # Tel. No. (817) 335-6511
Fort Worth, Texas 76102 FIRM # 10194040 www.kimley-horn.com
Scale I Drawn by I Checked by Date Project No. Sheet No.
michael.bill in sle kimle-horn.com
g y y N/A GRW MCB 6/3/2024 061298201 1 OF 2
WILLIS, REIN6/3/2024 3:12 PM K:\FTW_SURVEY\061298201-CARTER PARK EAST PHASE II\DWG\EXHIBIT'o\061298201 CARTER PAR EAST PHASE I_ELECTRIC ENCROACH ME !TJOT
11.DWG
LEGEND
P.O.B. = POINT OF BEGINNING
P.O.C. = POINT OF COMMENCING
MNS = MAG NAIL W/"KHA" SET
IRFC = IRON ROD W/CAP FOUND
F_ _J
I—
O
J
NOTES
P.O.C.
(MNS)
LINE TABLE
LOT 8, BLOCK A
CARTER PARK EAST
(INST. NO. D221089352)
CARTER PARK
EAST PHASE 2, LLC
(INST. NO. D222231466)
NW30'35"E 505.85'
i
NORTH
0 50 100
GRAPHIC SCALE IN FEET
5/8" IRFC
"KHA"(C.M.)
NO. BEARING LENGTH
L1 N89'30'35"E 10.00,
so,
L2 S00°35'46"E 40.00' c�
L3 S89'30'35"W 10.00,
L4 N00°35'46"W 40.00' P.O.B.
L1
— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —
LOT 11, BLOCK A
CARTER PARK EAST
(INST. NO. D221089352)
CARTER PARK
EAST PHASE 1, L.L.C.
(INST. NO. D221275595)
J J
40' WATER AND
— SANITARY SEWER EASEMENT
(INST. NO. D221089352)
0.0092 ACRES
400 SQ. FT.
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202) with
an applied combined scale factor of 1.00012. A metes & bounds description of even survey date herewith
accompanies this survey plat.
The undersigned, Registered Professional Land Surveyor,
hereby certifies that this plat of survey accurately sets out the EASEMENT ENCROACHMENT#3
metes and bounds of the encroachment tract.
PART OF LOT 11, BLOCK A
2024.06.04 CARTER PARK EAST
07:10:33-05'00' OF SHELBY CO. SCHOOL LAND SURVEY
E• r
AIP.�•'(,ISTEy TRACT 3 - ABSTRACT NO. 1375
MICHAEL C. BILLINGSLEY Cf CITY OF FORT WORTH,
REGISTERED PROFESSIONAL'S
•••:••••••••••••••••••••• TARRANT COUNTY, TEXAS
LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY
801 CHERRY STREET, "..................... "
UNIT 11 SUITE 1300 0 6558 �:' Kim!py* Horn
PFORT WORTH, TEXAS 76102 9 ''��F E S S��' •off 801 Cherry Street, Unit 11, # Tel. No. (817) 335-6511
NQ•''••�•• ••''�y Fort Worth, Texas 76102 FIRM # 10194040 www.kimley-horn.com
PH. 817-335-6511 S U R �
Scale Drawn by I Checked by Data Project No. Sheet No.
michael.billingsley@kimley-horn.com 1"=100' GRW MCB 6/3/2024 061298201 20F2
WILLIS, REN 6/3/2024 3:12 PM K:\FTW SURVEY\061298201-CARTER PARK EAST PHASE II\DWG\EXHIBIT ;\061298201 CARTER PAR EAST PHASE I ELECTRIC ENCROACHME T LOT
I I I
I EXISTING 40'
WASTEWATER EXISTING 8"
IEASEMENT I I WASTEWATER LINE
— PROPOSED 3-2" 673
I \ PVC CONDUITS
.I'
I \ PROPOSED 867,1
—
TALL FENCE
s�... f1.5'
EXISTING GROUND H "P.
675 _ �� � � -- T,
+yam
670 PROPOSED 3-2"� t — EXISTING 40�
PVC CON 3JITc
WASTEWATER
EAL� K- N"
Lo
oj
-H
665
T
SCALE: 1 "= 30'
30' 0' 15' 3c
LEGEND
ENCROACHMENT LIMITS
KEY MAP
N.T.S
HORIZ. SCALE: 1" = 60'
VERT. SCALE: 1" = 6'
675
670
665
EXISTING 8" WW LINE
a
660 660
o
1+00 1+50 2+00 2+50 3+00
q a
�o
n
SIEMENS M 00 N S H OT
PAPE-DAWSON
DATE JUNE 2024
M
DESIGNER AAK
FORT WORTH, TEXAS
CITY OF S
Fd ENGINEERS
�q
CHECKED EC DRAWN AAK
ENCROACHMENT#1 PROFILE
6106 TENNYSON PKWY, STE 211 I PIANO, TX 76124 1214.420.8494
TEXAS E NGINI LRING FIRM ♦4701 TEXAS SURVEYING FIRM#10028800
SHEET EXHIBIT
o
■
HIS DOCUMENT HAS BEEN PRODUCED iR0L1 MATERIAL THAT WAS STORED AND/OR TRANSMITTED ELECTRONICALLY AND MAY HAVE BEEN NA0IERIENIIY ALTERED. RELY ONLY ON FINAL HAIiDCOPY MATERIALS BEI1tlNG 711E CONSULTANTS ORIGINAL SIGNATURE AND SEAL
EXISTING 40'--�<
WASTEWATER
EASEMENT _� EXISTING 8" SCALE: 1"= 30'
WASTEWATER LINE 30' 0' 15' 30
PSED 8
TO ALLFENCE I
LEGEND
j ENCROACHMENT LIMITS
" PROPOSED 3-2" Vi i � 675
PVC CONDUITS I — 674_—
I lun iI�I 1� J
I
KEY MAP
N.T.S
HORIZ. SCALE: 1" = 60'
VERT. SCALE: 1" = 6'
-I - I� - - I� -I - I
I_ EXISTING GROUND
675 - — II -= L _ t1.5'
11 _ -
.T"P.
u
I.
670 PROPOSED 3-2"
PVC COND J Tc EXISTING 40'
WASTEWATER
EASEMENT
i�
(V
665
660
EXISTING 8" WW LINE
a
655
q
1+00 1+50 2+00 2+50 3+00
�o
675
W1
665
11
OW(
655
a
n
SIEMENS M 00 N S H OT
PAPE-DAWSON
DATE JUNE 2024
M
DESIGNER AAK
FORT WORTH, TEXAS
CITY OF S
rd ENGINEERS
�q
CHECKED EC DRAWN AAK
ENCROACHMENT #2 PROFILE
6106 TENNYSON PKWY, STE 211 I PLANO, TX 76124 1214.420.8494
TEXAS ENGINEERING FIRM #470 1 TEXAS S"Rv EY'NG FOAM #10028800
a
SHEET EXHIBIT C
s�
.I
r
■
HIS DOCUMENT HAS BEEN PRODUCED FROM MATERIAL THAT WAS STORED AND/OR TRANSMITTED ELECTRONICALLY AND MAY HAVE BFQ! INADVERTENTLY ALTERED. RELY ONLY ON FINAL HAIiDCOPY MATERIALS fiENtlNG 711E CONSULTANTS ORIGINAL SIGNATURE AND SEAL
I I �
�'_ EXISTING 40' I I
WASTEWATER EASEMENT , EXISTING 8"
I\ I WASTEWATER LINE
---I � I
w
I
PROPOSED 3-2" V//
PVC CONDUITS I I
M-X3 �
SCALE: 1 "= 30'
LEGEND
ENCROACHMENT umi-rs IM
i �LW11111111111t�
KEY MAP
N.T.S
HORIZ. SCALE: 1" = 60'
VERT. SCALE: 1" = 6'
675 675
f1.5' /--EXISTING GROI ND
TY' _ 1
J��
PROPOSED 3-2" EXISTING 40'
I
PVC CONDU TS WASTEWATER
_ EASEJENT
665
665
,
660
I ,
660
EXISTING 8" WW LINE
655
I
655
a
1+00 1+50 2+00 2+50
3+00
o;
nv
a
JUNE 2024
SIEMENS MOONSHOT
PAPE-DAWSON
M
DATE
Fzl ENGINEERS
�q
DESIGNER AAK
FORT WORTH, TEXAS
CITY OF FOS
7k
CHECKED EC DRAWN AAK
ENCROACHMENT #3 PROFILE
6106 TENNYSON PKWY, STE 211 I PIANO, TX 76124 1214.420.8494
TEXAS ENGINI LRING FIRM #470 1 TEXAS SURVEYING FOAM #10028800
i
a
o�
SHEET EXHIBIT C
.�
■
HIS DOCUMENT HAS BEEN PRODUCED FROM MATERIAL THAT WAS STOKED AND/OR TRANSMITTED ELECTRONICALLY AND MAY HAVE BEEN NA0IERIENIIY ALTERED. RELY ONLY ON FINAL HAIiDCOPY MATERIALS BEARING 711E CONSULTANTS ORIGINAL SIGNATURE AND SEAL
EXHIBIT B
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 11 of 11