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HomeMy WebLinkAboutContract 61966Date Received: 9/11/2024 Record Number: PN24-00087 Time Received: 8:23 a.m. City Secretary No.: 61966 PUBLIC PROPERTY RIGHT-OF-WAY ENCROACHMENT LICENSE AGREEMENT TIER I 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 Nomad Build One, LLC, 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 1104 and 1106 Greer Street, Fort Worth, Texas 76102 ("Property"), being more particular described as, Lot 1, Block E, Samuels Addition, by Instrument Number D221066435, in Tarrant County, Texas, and; WHEREAS, the City owns a right-of-way (the "Public Property") adjacent to the Property, recorded in the plat records of Tarrant County as plat number FS-18-242; 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 irrigation (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within the Public Property. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on the Public Property beyond what is specifically described in Exhibit "A." OFFICIAL RECORD CITY SECRETARY Page 1 of 12 FT. WORTH, TX Revised 12/2022 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 to by Licensee that if this Agreement terminates and Licensee fails to remove the Encroachment and Page 2 of 12 Revised 12/2022 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 DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL Page 3 of 12 Revised 12/2022 PERSONS, OF WHATSOEVER HIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES. 10. While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance naming City as certificate holder as proof that is has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and described in Exhibit "A." The amounts of such insurance shall be not less than $1,000,000 with the understanding and agreement by Licensee that such insurance amounts may be revised upward at City's option and that Licensee shall so revise such amounts immediately following notice to Licensee of such requirement. Such insurance policy shall not be canceled or amended without at least thirty (30) days prior written notice to the Building Official of the City. A copy of such Certificate of Insurance is attached as Exhibit "B" and incorporated herein for all purposes. Licensee agrees, binds, and obligates itself and its successors and assigns to maintain and keep in force such public liability insurance at all times during the term of this Agreement and until the removal of the Encroachment and restoration of the Public Property. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. 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. Page 4 of 12 Revised 12/2022 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. Page 5 of 12 Revised 12/2022 17. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. 18. Licensee covenants and agrees that it will not assign all or any of its rights, privileges, or duties under this Agreement without the written approval of the City, and any attempted assignment without such written approval shall be void. In the event Licensee conveys the Property, Licensee may assign all of its rights and obligations under this Agreement to the new owner of the Property, and Licensee shall be deemed released from its duties and obligations hereunder upon City's approval in writing of such assignment, which approval shall not be unreasonably conditioned or withheld. Foreclosure by a secured lender of Licensee or assignment to a secured lender by Licensee in the event of default or otherwise shall not require City approval provided that said lender notifies City in writing within sixty (60) days of such foreclosure or assignment and assumes all of Licensee's rights and obligations hereunder. However, no change of ownership due to foreclosure or assignment to any secured lender of Licensee shall be effective as to City unless and until written notice of such foreclosure or assignment is provided to City. 19. Any cause of action for breach of this Agreement shall be brought in Tarrant County, Texas. This Agreement shall be governed by the laws of the State of Texas. 20. This Agreement shall be binding upon the parties hereto and their successors and assigns. 21. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument [SIGNATURES APPEAR ON FOLLOWING PAGE] Page 6 of 12 Revised 12/2022 City: CITY OF FORT WORTH By: Dalton Harrell (6ep 6, 202410:39 CDT) D.J. Harrell, Director of the Development Services Department Date: Sep 6, 2024 pF fORT�pd ATTEST: o=d � Aln �aQ* °°° ° ° *� OII�� nEXA5o4a U Jannette Goodall, City Secretary Date: Sep 10, 2024 Tier I I ROW Encroachment Agreement Licensee: Nomad Build One, LLC a Texas limited liability ompany By: Name: Kashif Riaz Title: Manager 9 Date: S — y Approved As To Form and Legality Hye Won Kim Assistant City Attorney Date: Aug 28, 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 perfonnance and reporting requirements. RPhPrrAa Diane dwen (Aug 28.2024 16:25 CDT) Rebecca Owen Development Services Date: Aug 28, 2024 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 7 of 12 Revised 12/2022 STATE OF 1 e Y I-LS CO[7NTY OF _C:� I I i Y1 I �11 BEFORE ME, the undersigned authority, a Notary Public in and for the State of -TexU-S , on this day personally appeared Kashif Riaz, Manager 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 Nomad Build One, LLC, a Texas limited liability company, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of Atoti,-A S -ep. A H, Notary Public in and for the State of T(fxQ-.5, Tier U ROW Encroachment Agreement it Ire SNE}iAL6Eht PA7EL ; `� r= [Votary Public, State of Texas arr g_ Comm. Expires 02-02-2028 Notary !D 134744099 �`41- Page 4 of 12 Revised 1212022 �tttl 11: N WI&IJ 0 01,11111 al wyke al N : lU 3 N l9J M W M'1 A'' 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 6th day of September 2024 Irtlwwd (61M 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 ROW Encroachment Agreement o�PRYp�e�� WENDY L BEARDSLEE a Notary Public , * * STATE OF TEXAS `,, �� Notary I.D. 13323719 3 My Comm. Exp. July 28, 2025 ' . . . . . . . . . . Page 8 of 12 Revised 12/2022 EXHIBIT A Depiction and description of the Encroachment Page 10 of 12 Revised 12/2022 Property REER STREET 45'R0W PER PLAT • _ gewalk -� • 1' °r>6. _ • ,°4 . 7 �dexBlk° •. 973 2747" 10Q I. + 0 Bo .dI]iRragaM Llne 11 (rpp� I —�•ry 6urc •� - — J — 'AC I � ' wr rn - IFPI M I i PA r a r, IBBp ( •t �• . a.A I 9 �8 Feet High Fence .. •. ♦ •2a �•w R Y�• ... S73°27'41"W 100.00' PgLne N Notes: mpd 1. All Demising walls are 1 Hr Fire Rated with U341 j 2. East exterior walls that are less than 10 feet from property line will be 1 Hr Fire Rated with U 341 Site -Plan 3. All Dud walls are 1 Hr Fire Rated with U341 SCALE1'-0" =118" Address:1104 Greer St, Fort Worth, TX 76102 Lot 1, Block-E, Samuels Addition, Tarrant County Plot Area: 9,000 SF Total Building AC Area (2 Buildings): 9,292 SF Total Building Non AC Area (2 Buildings):4,278 SF Total Building Gross Area (2 Buildings):13,570 SF Building Foot Print:4140 SF Building Coverage:46.00% Open Space: 54.00% Impervious Surface: 4,051 SF Total Impervious Surface (Bldg+paving): 8,191 SF Impervious Surface Ratio to Plot Area: 91% Green Surface: 809 SF Total Impervious Surface:4,051 SF Driveway:3,601 SF Open Sitting Area: 450 SF Setback: m z Front from Main Street : 20'-0' U Sides.5'-0' �F Back: 10'-0 o g� a 3 STORY MULTI-FAMILY(RESIDENTIAL) BUILDING FLOOR AREA BLDG 1104 BLDG 1106 Original Date: Unit 101 Unit 100 N„d, 2A g09P 1N R Caage 517 SF(Nw AC) lel Fl 0vage 517 SF(Nc AC) IB9ne Log: tet Fl Entry 152 SF(Nc AC) let Fl Entry 152 SF(Non AC) 2rq Fl Arc 761 SF(AC) 2nd n Arw 781 5F(AC) 3rd Fl Arc JSl SF(.) 3rd Fl Arw 753 SF(AC) W�➢'gl 3rd Fl Bddwy 38 SF(Nc AC) 3rd Fl BdowY 36 5F(Nm AC) TN Ac Arw 1,534 w T.I. AC A — I'm SF Told Non AC Arw 707 S Tatd Nan AC Arc 707 SF ToldTold Fl�� AC) TRotd Fl Mpa R241 SF(�AC) O COPYRIGBT Mal Ane UaMa AC eef I/4a Y/iaW WO S (Non A47 Unit Ill Unit 110 lel Fl Gmage 523 SF(Nw, AC) 1st Fl 0vage 523 BF(Nw AC) 1at n Entry 152 nNCw, AC) let n Entry 152 .%.) 2,d Fl A— 792 SF(AC) 2nd Fl A,- "2SF(AC) 3rd Fl Arc ]64 3(AC) 3rd Fl Arc 764 7(AC) ]rd Fl B—y W SF(Nc AC) Jrd Fl Bdwny M all AC) OE Tetd Ao Arw 1,555 SF T 1 AC Ana Lass BF Tdd Non AC Nw 713 SF Tatd Nc AC Mw 713 SF Totd n Arw 2,259 SF(AC+Nan AC) Total n Mw 2.259 BF(AC+Nc AC) (Reef Nee UafN — 3 0- AC) Roof — .—. NO 9i (Nm A4)) SSSyyy Unit 121 Unit 120 Fl o53 F(Nm AC) 1Fl me .3 (Nan ) j2end 2en1 eFlEn 152SSFANCoAC 1K Fl Entry 1524(ANCo)n AID) Fl Am —) d n AB 3rd n Arw 764 SF(AC) 3rd n Arw .4 sF(AC) 3rd Fl Baloany 36 3(Nc AC) 3rd Fl BdoonY M 9F(Nm AC) Total AC Area 1,556 5F Told AC Arw 1,556 SF Total N. AC Arc 713 SF Total N. AC Arw 713 SF Totd Fl 26 A w T td Fl 26 A+ m AC) Roes Arw URaNa 100 9i Men AC) Rwl Irav Uedla 100 SF (Non AC) raid BWg AC Arw I.6M SF Total Bldg AC Arw 4.6455F Totd Bldg — AC Arw 2.133 SF Total Bldg Nan AC Arw 2133 SF Tatd Bldg Arm AC+Nm AC 6.T SF Tdd Bldg A— AC+Nm AC 6.T SF "• (raa Rea Nm — I-- Aa) red -f A- — — 0 Aa) , 0 Lamp Post (City Approved) tAp Tlls 0 Impervious Surface(Concrete) aft F%n Gals A. Shown 8 Feet High Fence Property Line al 0 4" Dia Roof Drain Pipe c-too Gas Meter Pr*d N l,b-. w 4" dia Steel Bollard 0 Fire Hydrant 1104 Greer Street Controller / R&F 1106 Greer Street This irrigation. system has beta designed in, accordance with all applicable state and local laws, ordinances, rules and regulations or or&xs. TCEQ 30 TAC 344.60 - 344.65 and items on the TCEQ Landscape Irrigation Plan Checklist 0 10 20 40 1" = 20' S rinklerzoneData Zone# TotalArea Total Flow Precl Rate 10 9.315((j1 Ft J 1.5 p0m� 15.42 in/hr Water Source #1 1 11 12.49 kf 2 7�rIi 15.42 in/hr Meter Size 1 inch meter Drip Zone Data Static Pressure 70 s Zone # Total Araa Total Flow Preci Rate Elevation Ott 1 62.32 yCt 36 o (1 0.93 in/hr 8ervlce Line Information I 2 297.24 �t 178.2 (x 0.96 inlhr I P',�Category Zurn PEX Tubing 3 177.77 106.2 0.95 in/hr F �F Size QSP 1" 4 5 63.74t t32.4 54.75J)t 37.8 0.85 in/hr 0.95 in/hr Lerryy�1ih loft 6 56.62t 33.6 0.85 in/hr1 Vefocitv 5 fps 7 69.54 St 41.4,�1r 0.96 in/hr Recommendations 1 8 68.39 �j/yFt 40.2 gph 0.96 in/hr [dfl !�1 f� RP 1���� ef1 Flow 2' 1 9 93.02 S6/Fl 55.8 5� 0.96 in/hr AV�ilA6�Q WL (iFlq N"f SUra 56.3 psi Run Set: 1 Run Set: 2 Water Source#t Water Source#1 Ill Run Set: 7 IWater Source#1 T{{�� Meter Tgg SYfatic Pressure 70 us S�fah Pressure Meter Tyq 70JJ��� State Pressure Meter 70 psi Service Line 0.0083 q,5j 1 Service Line 0.066155i I Service Line 0.004p.i Meter Loss 0.028 psi Meter Loss 0.13" osi Meter Loss 0 03' osi Mainline Com onents Mainline Com onents Mainline Com onents BackFlow Loss 1.5J�5j BackFlow Loss 6.338 Sj Backtiow Loss 1 725 osi 10 1 Master Valve Loss 1., 6¢j I I Master Valve Loss 1.49'r �l 1 Master Valve Loss 1.114psi Filler Loss 0.115 6lsi Filter Loss 0.186 ki Filter Loss 11 osi Zone 1 Q 0.6 gpm Zone 2 A 2.97 gam Zone 7 0.68 m Mainline Loss 0 Mainline Loss 0.14 Rsi Mainline Loss 0.02 Dsi Valve Loss 0.66 Cqj Valve Loss 1.494 i Valve Loss 0 759 osi Lateral Loss 0 ppsi Lateral Loss Fittiq�s Loss a�si I Lateral Loss 0.014b�i FittirlBts Loss 0psi Fittin�f Loss 0.001 bsi Eleva 0 Eleva ion 0�si Elava� lhon o 002 osi 0 ton osi $pfinkl�r Rnrtlriremen[ 30 r$r0inkler Requirement 30psi I�$ljlrkl�C jjpAllj�pment osi 30nrsi otal SIVa Pressure 33.375 I'fotal Des In Pressure 39.87 osil li 'b1U 54ttry'p�Essure 33.77,'/f1S�si Resi a ressure 36.625 i Residual Pressure 30.13 osi 1 Residual ressure 36.22- psi. irrigation Emission devices to be installed at least 4" away I!Quantity I Symbol I li Description 0 1 Part Number Prassural Flow Radius from impervious surfaces. Syrinklers I/ I ® I Hunter PCB-50 I PCB-50 125 osi 10 5 qom 10 ft I Heads to be attached to flex pipe or swing joints. Meters/Pumps 11 ® 11 inch meter I I Above -ground emission devices to be adjusted for Backflow "ices minimal overspray. 11 I ® 1 Wilkins 350XL-3/4" LEAD FREE Control valves 1350XL-3/4" 1 All Valves to be Installed Inside accessible valve box. 111 e I Hunter PGV-101G-S PGV-101G-S 11 ® Hun[er PGV-101 G-S PGV-101 G-S Check valves to be used as needed to prevent T-Strainere / Flitere 11 ll .O `Wilkins VB-1" I VB-1" /VO ry low -head drainage. 9 Irrigation Accessones 11 ® Hunter PC-1300 PC-1300 Wire to be UL listed for underground burial, and 11 ® Hunter RAIN -FREEZE -CLICK RFC sized per manufacturer recommendation. 11 H Miscellaneous micellaneous isolation valve 11 w Miscellaneous Senninger 40osi Wire splices to be waterproof. Lateral Line Pipe 1260 It I Class 200 3/4" 10 Wire and pipe to be installed per manufacturer specs Mainline pe �1 18 ft - - o5P 1" 6 or buried with a min. 6 inches of select backfill. 211 It I Class 2001" 0Sle �y o0000000000 Pipe to be that flow ng ft I class 200 2" oo 0 sized such will not exceed velocity 164 25 ft Class 200 4" 0 of 5 feet per second. fn 1 j000000.......... PVC joints to be primed with colored primer prior to Drip Tub ng 1944ft I01 Hunter HDL-06-12-PC IHDL-06-12-PC1 / /0000000UDYLHO 000 / applying PVC cement. o //� :000 18663 0< �= I�1;;\\\;" Alltreches and holes to be backfrlled and compacted Cooriginal All piping under concrete must be sleeved in piping twice the size of the pipe. 005/2074 JDS SURVEYING, INC. T.B.P.E.L.S. Firm Registration No. 10194118 159 W. MAIN - VAN, TX 75790 — Phone: (903) 963-2333 ENCROACHMENT AREA 1,402 SQUARE FEET All that certain lot, tract or parcel of land located within the Felix G. Mulliken Survey, Abstract No. 1045 of Tarrant County, Texas, and being a portion of the Right -of -Way (R.O.W.) adjacent to Lot 1, Block E, Unrecorded Samuels Addition to the City of Fort Worth, Tarrant County, Texas as shown by plat recorded in Instrument No. D219026481 of the Official Public Records of Tarrant County, Texas, and this 1,402 square feet being more fully described as follows: BEGINNING at a 1/2" Iron Rod with Red Plastic Cap Found for the Northwest corner of Said Lot 1, being in the South Right -of -Way (R.O.W.) line of Greer Street (variable width R.O.W.), and being in the East line of a tract of land described in a deed to Ann Marie Cruz, dated June 22, 2021, and recorded in Instrument No. D221191687 of the Official Public Records of Tarrant County, Texas, from which a 3/4" Iron Square Tube Found for the Northeast corner of said Cruz Tract and being in said South R.O.W. line bears North 15 deg. 03 min. 23 sec. West, a distance of 5.11 feet; THENCE North 15 deg. 03 min. 23 sec. West, crossing said R.O.W., a distance of 14.00 feet to a Point for Corner; THENCE North 73 deg. 28 min. 55 sec. East, crossing said R.O.W., a distance of 99.80 feet to a Point for Corner; THENCE South 16 deg. 31 min. 05 sec. East, a distance of 14.00 feet to a 1/2" Iron Rod with Orange Plastic Cap Found for the Northeast corner of said Lot 1, being in the West line of a tract of land described in a Deed to John V. Garcia and wife, Maria A. Garcia, dated July 24, 1979, and recorded in Volume 6775, Page 2230 of the Deed Records of Tarrant County, Texas, and being in said South R.O.W. line, from which a 1/2" Iron Rod with Red Plastic Cap Found for the Southeast corner of Said Lot 1 bears South 16 deg. 31 min. 05 sec. East, a distance of 89.79 feet; THENCE South 73 deg. 28 min. 55 sec. West, with the common line of said Lot 1 and said South R.O.W. line, a distance of 100.15 feet to the POINT OF BEGINNING AND CONTAINING 1,402 SQUARE FEET OF LAND. See Map No. 4233—ESMTRI prepared in conjunction with these field notes. The bearings hereon were oriented to agree with Grid North and were derived through the use of G.P.S. equipment (Texas North Central Zone — NAD 83). I, Jace D. Scarbrough, do hereby state that the field notes hereon were prepared from a survey made on the ground under my supervision during the month of May, 2024. GIVEN UNDER MY HAND & SEAL, this the 3rd day of June, 2024. of Texas No. 6289 C, , Vr SS07'-'OQ- �� & _ .:.4 LEGEND IS IRON SQUARE TUBE RCIRF IRON ROD WITH RED PLASTIC CAP FOUND OCIRF IRON ROD WITH ORANGE PLASTIC CAP FOUND BCIRF IRON ROD WITH BLUE PLASTIC CAP FOUND P.O.B. POINT OF BEGINNING R.O.W. RIGHT—OF—WAY SQ.FT. SQUARE FEET D.R.T.C.T. DEED RECORDS TARRANT COUNTY, TEXAS Line Table Line No. Bearing Distance L1 N15°03'23"W 14.00' L2 N73"28'55"E 99.80' L3 S16"31'05"E 14.00' L4 373"28'55"W 100.15' O.P.R.T.C.T. TRECORDS ARRANT COU TY,TEXAS W'. Ggsl ak osH R. IN PRE PB�� t zil B. ANN MARIE CRUZ INST. NO. D221181687 0.P.R.T.C.T. ENCROACHMENT AREA (1,402 SQ. FT.) LOT 1, BLOCK E UNRECORDED SAMUELS ADDITION INST. NO. D219026481 0.P.R.T.C.T. NOMAD BUILD ONE LLC INST. NO. D221066435 0.P.R.T.C.T. 0' 20' 40' SCALE: RF 0 G Z O y c� o(T17� (P -)3--70 O\ rn 90 �s N 1 /2"RCIRF PCLO 12202, LLC INST. NO. D223000123 0.P.R.T.C.T. 1 /2"RCIRF( THE BEARINGS HEREON WERE ORIENTED TO AGREE WITH GRID ANN MARIE CRUZ NORTH AND WERE DERIVED BY THE USE OF G.P.S. EQUIPMENT. �i/2"BCIRF NO. D221181687 (TX NORTH CENTRAL ZONE — NAD 83) O.P.R.T.C.T. I, JACE D. SCARBROUGH, DO HEREBY STATE THAT THIS PLAT REPRESENTS A SURVEY MADE ON THE GROUND UNDER MY SUPERVISION DURING THE MONTH OF MAY, 2024. 5 'CE: OF T£k NOTES: } G\STE/� '. 1. FIELD NOTES TO ACCOMPANY THIS PLAT. FO :� 2. NO ATTEMPT WAS MADE TO LOCATE UNDERGROUND PIPELINES OR UTILITIES. JAC . SCARB ......................... y. ...N. . 6289 3. THIS SURVEY WAS COMPLETED WITHOUT THE BENEFIT OF AN ABSTRACT OF TITLE. THERE MAY BE �FES51O:,`CQ EASEMENTS OR OTHER MATTERS OF RECORD NOT '9r'O sURJ� SHOWN. JA D. SCARB OUGH — P.L.S. No. 628057 DRAWN BY: GH SCALE: 1" =20' JDS SURVEYING, INC. ENCHROAC ENT AREA (SURVEYED BY: JS REF: N/A WWW.JDSSURVEY.COM FELIX G. MULLIKEN SURVEY, i DATE: 06-03-2024 FILE NO: 4233—ESMTRI PROFESSIONAL SURVEYING & MAPPING ABSTRACT No. 1045 T.B.P.E.L.S. Finn Reg6-tra[ion No.10194118 TARRANT COUNTY, TEXAS 159 W. Main, Van, TX 75790 - Phone: (903) 963-2333 EXHIBIT B Certificate of Insurance Tier II ROW Encroachment Agreement Page 11 of 12 Revised 12/2022