HomeMy WebLinkAboutContract 62382Date Received: 12/03/2024 Record Number: PN24-00102
Time Received: 11:21 a.m. City Secretary No.: 62382
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 CRP/SCP Colton Owner, L.P., a
Delaware limited partnership ("Licensee"), acting by and through its duly authorized
representative.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 11450 Trinity
Boulevard, Fort Worth, Texas 76040 ("Property"), being more particularly described as,
Lot 1, Block 1, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded
in Deed Records, by Instrument Number D224172394; and
WHEREAS, the City owns a right-of-way (the "Public Property") adjacent to the
Property, dedicated by plat, depicted on the final plat of the property ( FS-24-037), which
plat is recorded in the plat records of Tarrant County as Instrument Number D224191833;
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 irrigation lines and trees (the "Encroachment"). Upon completion of the
Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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.
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
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
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.
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.
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]
EXECUTED to be effective on the date signed by the City's Director of Development
Services Department
City:
CITY OF FORT WORTH
By: Dalton Harrell (pec 3, 202410:19 CST)
D. J. Harrell
Director, Development Services Department
Date:
ATTEST:
Dec 3, 2024
Jannette Goodall,
City Secretary
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Approved As To Form and Legality
Hye Won Kim
Assistant City Attorney
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
Rebecca Diane Owen (Nov 27, 202410:22 CST)
Rebecca Owen
Development Services Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Licensee:
CRP/SCP Colton, L.P.
a Delaware limited partnership
By: CRP/SCP Colton GP, L.L.C.
a Delaware limited liability company
its general partner
By:
By: CRP/SCP Colton Venture, L.L.C.
a Delaware limited liability company
its sole member
By: StoneHawk Colton, L.L.C.
a Delaware limited liability company
its member
By: StoneHawk North America, L.L.C.
a Delaware limited liability company
its manager
Name: Brian Woidneck
Title: Authorized Representative
Date: 1111912- l21
THE STATE OF
COUNTY OF b o I I aS
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
7exa s , on this day personally appeared Brian Woidneck, known to me to be the
same person whose name is subscribed to the foregoing instrument, and acknowledged to me that
the same was the act of StoneHawk North America, L.L.C., the manager of StoneHawk
Colton, L.L.C., the member of CRP/SCP Colton Venture, L.L.C., the sole member of
CRP/SCP Colton GP, L.L.C., the general partner of CRP/SCP Colton, L.P. and that
he/she executed the same as the act of said entities for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
lUoven ber , 20 ay
Notary Public in and for the State of
WILLIAM HUNTER SANDERS
Notary Public, State of Texas
Comm. Expires 02-03-2026
Notary ID 133569645
kdk." 11:'I&IJ N QLIJ .A NLyUJ .a N . l�J 9 9 l�l Dl IJ.y DlU►1 r1'' �
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared D.J. Harrell, known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that he executed
the same for the purposes and consideration therein expressed, as the act and deed of the
City of Fort Worth, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3rd day of
December 2024
Pvvidll Eean(rGee
Wendy Bea rdY a (Dec 3, 202411:03 CST)
Notary Public in and for the State of Texas
r
O�QFLYa(�e`i WENDY L BEARDSLEE
2 Notary Public ,
+ * STATE OF TEXAS
Notary I.D. 13323719-3
9�OF My Comm. Exp. July 28, 2025 '
EXHIBIT A
Depiction and description of the Encroachment
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EXHIBIT 'A "
VICINITY MAP
SITUATED IN THE KITTY HOUSE SURVEY, ABSTRACT NO. 678
IN THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
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Valley Road
VICINITY MAP
SCALE 1" = 1,000'
MAPSCO NO. 54Z
DATE: 05-14-2024 SCALE: NTs DRAWN BY: _ Gs _ CHECKED BY:_ LEA_ JOB. NO.: 3773-00-01
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civil engineering surveying landscape architecture planning
tbpels registration number: f — 2759
tbpels registration/license number: 10088000
519 east border
a r l i n g t o n, texas 7 6 0 1 0
8 1 7 — 4 6 9 — 1 6 7 1
fax: 817-274-8757
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PAGE 1 OF 1
EXHIBIT "B"
RIGHT-OF-WAY ENCROACHMENT AGREEMENT
SITUATED IN THE KITTYHOUSE SURVEY, ABSTRACT No. 678
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
BEING a 0.214 acre tract of land situated in the Kitty House Survey, Abstract No. 678, City of Fort Worth,
Tarrant County, Texas, being a portion of a called 2.813 acre tract of land described in the deed to the City
of Fort Worth, as recorded in Volume 4170, Page 676, Deed Records, Tarrant County, Texas (DRTCT) and
a portion of Trinity Boulevard (a variable width right-of-way), said tract being more particularly described
by metes and bounds as follows:
BEGINNING at a 1/2 inch capped iron rod stamped "PRISM SURVEYS" found ( GRID N:6,980,594.89,
E: 2,391,788.34) in the west line of a called 15.000 acre tract of land as described in the deed to HMH
Family Partnership, LP, as recorded in County Clerk's Instrument No. D205366054, Official Public
Records, Tarrant County, Texas (OPRTCT), the northeast corner of a called 0.053 acre tract of land
described in the deed to the State of Texas (Parcel 23), as recorded in County Clerk's Instrument No.
D201011982, OPRTCT and the southwest corner of said 2.813 acre tract, said 1/2 inch capped iron rod
stamped "PRISM SURVEYS" found also being in the south right-of-way line of said Trinity Boulevard;
THENCE North 01 °56'48" West, with the west line of said called 2.813 acre tract and the west line of said
called 15.000 acre tract, a distance of 9.13 feet to a point for corner;
THENCE North 88°02'54" East, over and across said called 2.813 acre tract and said called 15.000 acre
tract, a distance of 1,017.36 feet to a point for corner in the east line of said called 2.813 acre tract and said
called 15.000 acre tract;
THENCE South 00°00'16" East, with the east line of said called 2.813 acre tract and the east line of said
called 15.000 acre tract, a distance of 9.22 feet to a 5/8 inch capped iron rod stamped "DUNAWAY
ASSOC" found for the southeast corner of said called 2.813 acre tract and the northwest corner of, a called
0.095 acre tract of land described in the deed to the State of Texas (Parcel 28), as recorded in County
Clerk's Instrument No. D200216935, OPRTCT, and in the south right-of-way line of said Trinity
Boulevard;
THENCE South 88°03'12" West, with the south line of said called 2.813 acre tract and the south right-of-
way line of said Trinity Boulevard, a distance of 1,017.05 feet to the POINT OF BEGINNING and
containing 9,327 Square Feet or 0.214 of an Acre of Land, more or less.
04 (.,4 �_J�
Lon E. Whitten Date: May 30, 2024
Registered Professional Land Surveyor
Texas Registration No. 5893
P:\3773-00-01\500 Land Surveying\506 Easements\ROW Maintenance Agreement
1 of4
EXHIBIT "B"
RIGHT-OF-WAY ENCROACHMENT AGREEMENT
SITUATED IN THE KITTY HOUSE SURVEY, ABSTRACT No. 678
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
I
LOT 27X, BLOCK 1
LOT 7x, BLOCK 2 LOT 1, BLOCK 1 TRINITY PARKS
TRINITY PARKS CC# 0221210916
HO ADDITION Cc# D221210916 OPRTCT
CABB.. AA, , S SLIDE 9520 OPRTCT
PRTCT
(PARCEL 23)
STATE OF TEXAS
CC# D201011982
OPRTCT — L 1 7�
PAB000,
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TRINITY BOULEVARD
(VARIABLE WIDTH RIGHT-OF-WAY)
N 88°02'54" E 1017.36'
112" CIRF S 88'03'12 W 1017.05'
"PRISM SURVEYS"
CALLED 2.813 ACRES (PARCEL
STATE OF TEXAS
CITY OF FORT WORTH CC# D200216935
VOL. 4170, PG. 676 OPRTCT
DRTCT L2
NAD83 (GRID) RIGHT-OF-WAY
E 2,391,788.34 ENCROACHMENT AGREEMENT
0.214 ACRES
(9, 327 SQ. FT.)
CALLED 15.000 ACRES
HMH FAMILY PARTNERSHIP, LP
CC# D205366054
OPRTCT
I, LON E. WHITTEN, A REGISTERED PROFESSIONAL LAND SURVEYOR
IN THE STATE OF TEXAS, DO HEREBY DECLARE THAT THIS
SURVEY IS TRUE AND CORRECT AND WAS PREPARED FROM AN
ACTUAL SURVEY MADE UNDER MY SUPERVISION ON THE GROUND.
��• •0 F• TF�
LON *E � WHITTEN
• LON E. WHITTEN DATE. MAY 30, 2024 '• .5893 • •Q:�
REGISTERED PROFESSIONAL LAND SURVEYOR y• °FESS\o`'.�o
TEXAS REGISTRATION NO. 5893 ti0 • S Ft`
518" CIRF
QED 0.352 ACRES
"DUNAWAY ASSOC"
RAZA MIAN
NAD83 (GRID)
cc# �s24s
N: 6, 980, 629.43
E. 2, 39Z 804.68
ALLEN TUCKER
VOL. 9088, PG. 930
DRTCT
CALLED 0.2415 ACRES
ALLEN TAKER
VOL. 8919, PG. 862
DRTCT
LINE TABLE
LINE BEARING DISTANCE
L 1 N 01 56'48" W 9.13'
L2 S 00'00'16" E 9.22'
LEGEND/ABBREVIATIONS
CIRF
CAPPED IRON ROD FOUND
IRF
IRON ROD FOUND
DRTCT
DEED RECORDS,
TARRANT COUNTY, TEXAS
OPRTCT
OFFICIAL PUBLIC RECORDS,
TARRANT COUNTY, TEXAS
POC
POINT OF COMMENCING
Bearings and coordinates are grid based on the "Texas Co 1�note System of 1983, POB POINT OF BEGINNING
North Central Zone" (2011) as determined by GPS observations. All distances have CC# COUNTY CLERK'S
been adjusted to surface using a combined scale factor of 1.000120000398. INSTRUMENT NUMBER
DATE: 05-16-2024 SCALE: 1" = 150' DRAWN BY: _ CAB_ CHECKED BY:_ LEW JOB. NO.: 3773-00-01 CAB CABINET
PLOTTED BY: CARLOS BEJARANO DATE: 5/30/2024 3:55 PM PATH: P:\3773-00-01\500 Land Surveying\506 Easements\ROW Maintenance Agreement\3773-00-01 ROW Maintenance Agreement.dwg
CALLED 0.488 ACRES
MARIKEN HOLDINGS, L.L.C.
CC# D214141730
OPRTCT
CALLED 0.500 ACRES
BRODERICK STEELE
CC# D198097012
OPRTCT
m1ma
I
civil engineering surveying landscape architecture planning
tbpels registration number: f — 2759
tbpels registration/license number: 10088000
519 east border
a r I i n g t o n, t e x a s 7 6 0 1 0
8 1 7 — 4 6 9 — 1 6 7 1
fax: 817-274-8757
w w w. m m a t e x a s. c o m
PAGE 2 OF 4
EXHIBIT "B"
RIGHT-OF-WAY ENCROACHMENT AGREEMENT
SITUATED IN THE KITTYHOUSE SURVEY, ABSTRACT No. 678
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
BEING a 0.081 acre tract of land situated in the Kitty House Survey, Abstract No. 678, City of Fort Worth,
Tarrant County, Texas, being a portion of Tract II, a called 2.000 acre tract of land described in the deed to
HMH Family Partnership, LP, as recorded in County Clerk's Instrument No. D205366054, Official Public
Records, Tarrant County, Texas (OPRTCT), and a portion of Mosier Valley Road (a variable width right-
of-way), said tract being more particularly described by metes and bounds as follows:
BEGINNING at a 5/8 inch capped iron rod stamped "DUNAWAY ASSOC" found (GRID N: 6,979,604.07
E: 2,391,876.89) for the southwest corner of said called 2.000 acre tract, the southeast corner of Lot 1,
Block 1, Mosier Valley Addition, an addition to the City of Fort Worth as recorded in Cabinet B, Slide 692,
Plat Records, Tarrant County, Texas (PRTCT) and in the north right-of-way line of said Mosier Valley
Road;
THENCE North 00°02'06" East, with the west line of said called 2.000 acre tract and the east line of said
Lot 1 (Mosier Valley Addition), a distance of 13.60 feet to a point for corner;
THENCE South 89°57'29" East, over and across said called 2.000 acre tract, a distance of 175.27 feet to a
point for corner in the east line of said called 2.000 acre tract;
THENCE South 00°27'39" West, with the east line of said called 2.000 acre tract, passing a 1/2" iron rod
found (disturbed) for the southeast corner of said called 2.000 acre tract, in the north right-of-way line of
said Mosier Valley Road, at a distance of 13.60 feet continue for a total distance of 17.73 feet to a point for
corner in said right-of-way;
THENCE over and across said Mosier Valley Road right-of-way, the following courses and distances:
South 86°37'30" West, a distance of 41.12 feet to a point for corner;
South 89°41'34" West, a distance of 134.09 feet to a point for corner;
North 00°02'06" East, a distance of 7.40 feet to the POINT OF BEGINNING and
containing 3,540 Square Feet or 0.081 of an Acre of Land, more or less.
J .•-�•OF�� TF�
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.................
LON E. WHITTEN
.................
: p 5893
9'• 'cESS\(3 �O
Lon E. Whitten Date: May 30, 2024
Registered Professional Land Surveyor
Texas Registration No. 5893
P:\3773-00-01\500 Land Surveying\506 Easements\ROW Maintenance Agreement
3 of 4
EXHIBIT "B"
RIGHT-OF-WAY ENCROACHMENT AGREEMENT
SITUATED IN THE KITTY HOUSE SURVEY, ABSTRACT No. 678
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
TRACT II CALLED 2.000 ACRES
HMH FAMILY PARTNERSHIP, LP
LOT 1, BLOCK 1 CC# D205366054 LOT 1, BLOCK 1
M09ER VALLEY ADDITION I OPRTCT ALLEN TUCKER ADDITION
CAB. B, SLIDE 692 CAB. B, SLIDE 1547
PRTCT RIGHT -OF- WAY I PRTCT
5/8" CIRF ENCROACHMENT AGREEMENT
"DUNAWAY ASSOC" 0.081 ACRES
NAD83 (GRID) (3, 540 SQ. FT.) 20' BUILDING LINE
5' U.E (PER PLAT)
N: 6, 979, 604.07'
E:2,391,876.89�' L1 S 895729" E 175.27'
Pa -- -- --L{ —
----- �i J
— — — — — — — — — s 1/2" IRF
L4 S 8941'34" W 134.09' L3 (DISTURBED)
NAD83 (GRID)
MOSIER VALLEY ROAD N: 6, 979, 603.94'
(VARIABLE WIDTH RIGHT—OF—WAY) E.2,392,052.03'
CALLED 1.00 ACRES CALLED 1.01 ACRES LINE TABLE
ROBERT PELINO BURRIS LAWN AND LANDSCAPE
CC# D207356360 VOL. 15236, PG. 304 LINE BEARING DISTANCE
OPRTCT DRTCT
L 1 N 00'02'06" E 13.60'
L2 S 00 2739" W 17.73'
I, LON E. WHITTEN, A REGISTERED PROFESSIONAL LAND SURVEYOR I L3 S 8637'30" W 41.12'
IN THE STATE OF TEXAS, DO HEREBY DECLARE THAT THIS
SURVEY IS TRUE AND CORRECT AND WAS PREPARED FROM AN I L4 N 00'02'06" E 7.40'
ACTUAL SURVEY MADE UNDER MY SUPERVISION ON THE GROUND.
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CIRF CAPPED IRON ROD FOUND
• LON 04,E., WHITTEN • IRF IRON ROD FOUND
• • • DRTCT DEED RECORDS, civil engineering surveying landscape architecture planning
LON E. WHITTEN DATE. MAY 30, 2024 0� 8930��'0 TARRANT COUNTY, TEXAS tbptbpels els registgistrtiioenumse ber: f: 10088000
REGISTERED PROFESSIONAL LAND SURVEYOR 9'•. ESS� ,• OPRTCT OFFICIAL PUBLIC RECORDS,
�'O ' ' • • ' '� TARRANT COUNTY, TEXAS 5 1 9 east b o r d e r
TEXAS REGISTRATION N0. 5893 S U R
POC POINT OF COMMENCING arIingtan, texas 76010
Bearings and coordinates are grid based on the "Texas Coordinate System of 1983, POB POINT OF BEGINNING 8 1 7 — 4 6 9 — 1 6 7 1
North Central Zone" (2011) as determined by GPS observations. All distances have CC# COUNTY CLERK'S fax: 81 7 - 2 7 4 - 8 7 5 7
been adjusted to surface using a combined scale factor of 1.000120000398. INSTRUMENT NUMBER w w w. m m a t e x a s. c o m
DATE: 05-16-2024 SCALE: 1" = 50' DRAWN BY: _ CAB CHECKED BY: LEw_ JOB. NO.: 3773-00-01 CAB CABINET PAGE 4 OF 4
PLOTTED BY: CARLOS BEJARANO DATE: 5/30/2024 3:58 PM PATH: P:\3773-00-01\500 Land Surveying\506 Easements\ROW Maintenance Agreement\3773-00-01 ROW Maintenance Agreement.dwg
CATHEDRAL OF FAITH COGIC I r— 1
LOT 1, BLOCK 1 PROP. SIDEWALK PAVEMENT JJ
LESS POR7/ON WITH EXEMPTION I
77X OF LAND VALUE STATE OF TEXAS R.O.W
VAR/ABLE WIDTH BEAZT HOME TEXAS 2 PARCEL 28
HORNSBY ADDITION
SIDEWALK EASEMENT ^ TRINITY PARK BLOCK 2 \ C.C. DOC N0. 0200216935
S47E OF TEXAS R.O.W LOT 7X OPEN SPACE I O.P.R. T.C.T.
PARCEL 23 PROP. VAR/ABLE WIDTHI
C.C. Doc. CONCRETE VAR/ABLE WIDTH ,/ 111
NO. 020f011982 SIDEWALK EASEMENT SIDEWALK EASEME T -
0. P. R. 7. C T. DRIVE
TRINITY BOULEVARD
137' ROW �10'WATER ESMT
Y RAZA M/AN
DOC NO D219210748
GRANT NICHOLS
VOL 9504, PG 1056
D.R. TCT
MOSIER MASONIC LODGE
A.F.& A.M. NO 103
VOL 1404, PAGE 311
D.R.T.GT
40'ACCESS
EASEMENT I
VOLUME 3105, �-1
PAGE 62
D.R. T.C. T
ST.. JOHN MISSIONARY I I
BAPTIST CHURCH
MOSIER VALLEY ADDITION
EULESS BLOCK 1 LOT 1
CABINET B, SLIDE 696
VOL 10190, PAGE 673
VOL 1404, PAGE 311
P.R. T.C. T
40' ACCESS
EASEMENT
VOLUME 3105,
PAGE 62
D.R.TC.T
10'XIO' P.O.SEQ
�
PROP.
T t �
CONCRETE DRIVE
PARKER I PELINO ROBERT
LEE, WIN L SURVEY
STLEEABSTRACT 968
�DDROTHY
LSUR,TRACT 2B
'ACT9RACT 2B02
15' PUBLIC 0.P.R.T..aT.
SEWER ALLEN TUCKER
° o EASEMENT
° - I VOLUME 9088, PAGE 930
D.R. T.C. T.
1O'X1O' P.O.SE - -
° PE
PRIVA ETEN77VOLUMD.R. I..C.T.EGE 862
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VOLUME 8326, PAGE 1211
_ QRTC7
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r_TbldSll I I I I I II II 'El
O EARTH HAULERS, INC
CC# D214001960
OPRTCT
EN i----
ALLEN TUCKER
LOT 1, BLOCK 1 I J TEMPORARY
ALLEN TUCKER ADD177ON
VOL 8764, 1238 CONSTRUCTIONEASEMENT
CABINET C. B, SLIDE 1574
I P.R. T.C. T. L —
I I TEMPORARY
CONSTRUCTION II
I EASEMENT ALLEN TUCKER
R W DEDICATION
MOSIER VALLEY
PROP. SIDEWALK PAVEMENT
BURRIS LAWN &
LANDSCAPE LLC
LEE, WM L SURVEY
ABSTRACT 968 TRACT 2601
I I
LEGEND:
4" CONCRETE 0 8" CONCRETE
SIDEWALK PA VEMEN T
DA TE. 611412024
OWNER:
DEVELOPER:
STONEHWAK COLTON, LLC
4550 TRAVIS STREET, SUITE 565
DALLAS TX, 75205
EMAIL:
bhopkins®stonehawkcapital. com
CONTACT:
BRANDON HOPKINS
CC# D218084465
OPRTCT
MARIKEN HOLDINGS, LLC
CC. DOC. NO. D214141730
O.P.R. T.C. T.
BRODERICK STEELE
VOLUME 12126, PAGE 1089
D.R. T.C. T.
HECTOR A. MALDONADO AND
YANCI L. ROSA "TRACT I"
C.C. DOC. NO. D217123025
D.R. T.C. T.
:'0 -AN9-
YANCI L. ROSAJ "TRACT Il"
C.C. DOC. NO. D21712JO25
U.K. /.(;. I.
HECTOR A. MALDONADO
Ajjj YANCI L. ROSA
D217124391
OPRTCT
HECTOR A. MALDONADO
AND YANCI L. ROSA
CC/ D215147006
OPRTCT
HECTOR A. MALDONADO
AND YANCI L. ROSA
CCJ D215291716
OPRTCT
AL N TU XER
CC/ 218C�14465
7PRTC
ROAD
0 100 200 400
I I I I
1 inch = 200 ft. 1
TEXAS STAR
M UL TIF'AMIL Y
FORT WORTH
EXHIBIT B
PAVING PLAN
CITY PROJECT NO. 105381
[L�
m ma
civil engineering surveying landscape architecture planning
tbpels registration number: f — 2759
tbpels registration/license number: 10088000
519 east border
a r l i n g t o n, t e x a s 76010
817-469-1671
fax: 8 1 7 — 2 7 4 — 8 7 5 7
w w w. m m a t e x a s. c a
EXHIBIT B
Certificate of Insurance
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