HomeMy WebLinkAboutContract 62486 (2)Date Received: 12/19/2024
Time Received: 10:32 a.m.
Record Number: PN24-00077
City Secretary No.: 62486
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
TIER 11
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 Fort Worth Independent School
District, political subdivision of the state of Texas and a legally constituted independent
public school district located in Tarrant County, Texas ("Licensee"), acting by and
through its duly authorized representative.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 1501 West
Seminary Drive, Fort Worth, Texas 76115("Property"), being more particularly
described as, Lot 1, Block 1, of Rosemont Middle School Site, an addition to the City of
Fort Worth, Tarrant County, Texas, as recorded in Deed Records, by Volume 190, pages
231-232, in Tarrant County, Texas, and;
WHEREAS, the City owns a sanitary sewer (the "Public Property") adjacent to
the Property, dedicated by plat, depicted on the final plat of the property (Cabinet A, slide
8455), which plat is recorded in the plat records of Tarrant County as Instrument
D203220168 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.
OFFICIAL RECORD
NOW, THEREFORE, the City and Licensee agree as follows: CITY SECRETARY
FT. WORTH, TX
Tier II Easement Encroachment Agreement Page 1 of 11
Revised 12/2022
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 track and sports courts (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."
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, to the extent allowed by law, 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
Tier II Easement Encroachment Agreement Page 2 of 11
Revised 12/2022
improvements to its public facilities or utilities necessary for the health, safety, and
welfare of the public. The City shall have no responsibility or liability for any damages
related to the Encroachment resulting from the City's use of the Public Property;
however, the City shall make reasonable efforts to minimize such damage.
5.
Upon termination of this Agreement, Licensee 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
Tier II Easement Encroachment Agreement Page 3 of 1 I
Revised 12/2022
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.
TO THE EXTENT ALLOWED BY TEXAS LAW AND WITHOUT WAIVING
ITS GOVERNMENTAL IMMUNITY, 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 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. TO THE
EXTENT ALLOWED BY TEXAS LAW AND WITHOUT WAIVING ITS
GOVERNMENTAL IMMUNITY, 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
Tier II Easement Encroachment Agreement Page 4 of 11
Revised 12/2022
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
Tier 11 Easement Encroachment Agreement Page 5 of 11
Revised 12/2022
third -party may have an interest. Licensee agrees that it will obtain all necessary
permissions before occupying such property.
16.
To the extent allowed by Texas law, 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.
19.
Any cause of action for breach of this Agreement shall be brought in Tarrant
County, Texas. This Agreement shall be governed by the laws of the State of Texas.
20.
This Agreement shall be binding upon the parties hereto and their successors and
assigns.
21.
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Tier II Easement Encroachment Agreement Page 6 of 11
Revised 12/2022
EXECUTED to be effective on the date signed by the City's Director of
Development Services Department
City:
CITY OF FORT WORTH
Z3:�
By: Dalton Harrelbpec 10, 202412:27 CST)
D. J. Harrell
Director, Development Services Department
Date: Dec 10, 2024
4 �auby
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ATTEST: =00
�\c#A, aQadn�b g4q'�
Jannette Goodall,
City Secretary
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 Owen (Dec 10, 2024 07:55 CST)
Rebecca Owen
Development Services Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Tier II Easement Encroachment Agreement Page 7 of 11
Revised 12/2022
Licensee:
Fort Worth Independent School District
a political subdivision of the state of Texas a
and a legally constituted independent district
By.
Name: Kellie Spencer
Title: Deputy Superintendent, Designee
Date: 12/09/24
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 Kellie Spencer, Deputy Superintendent,
Designee, 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 Fort Worth Independent
School District, a Public School District, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 9th day of
December , 2024.
PV, LETICIA LAING ARRIAGA
Notary Public in an for the ;
*: MY COMMISSION EXPIRES
State of Texas.__ OCTOBER 20, 2027
.oP NOTARY ID: 124719386
l
Tier II Easement Encroachment Agreement Page 8 of I 1
Revised 12/2022
mdA 0:1 IRV Ja!! a OLU :may It :� M , - - mgl.'1 w'�I
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day 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 thiSW1hD-'-day of
10th December, 2024.
mmd (6 ee
Notary Public in and for the State of Texas
After recording return to:
Development Services Department
Development Coordination Office
100 Fort Worth Trail
Fort Worth, Texas 76102
Tier II Easement Encroachment Agreement
a�PRYPoe WENDY L BEARDSLEE
„2 Notary Public
* * STATE OF TEXAS
GV Q Notary I.D. 13323719-3
My Comm. Exp. July 28, 2025 '
Page 9 of 11
Revised 12/2022
EXHIBIT A
Depiction and description of the Encroachment
Tier 11 Easement Encroachment Agreement Page 10 of 1 1
Revised 12/2022
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EXHIBIT ''All
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FIELD NOTES - DESCRIPTION
ENCROACHMENT AREA
BEING A 0.1958 ACRE (8,530 SQUARE FEET) TRACT OF LAND SITUATED IN THE WILLIAM W. WHEAT
SURVEY, ABSTRACT NUMBER 1645 AND IN THE MARIA JOSEFA AROCHA SURVEY, ABSTRACT NUMBER 1,
TARRANT COUNTY, TEXAS, BEING PART OF THAT CERTAIN TRACT OF LAND AS DESCRIBED IN DEEDS
TO FORT WORTH INDEPENDENT SCHOOL DISTRICT, RECORDED IN VOLUME 1290, PAGE 231 AND VOLUME 574,
PAGE 277 DEED RECORDS, TARRANT COUNTY, TEXAS (D.R.T.C.T.) AND CITY OF FORT WORTH ORDINANCE
NUMBER 15580, EXECUTED ON JUNE 3, 2003, SAME BEING PART OF LOT 1, BLOCK 1 OF ROSEMONT MIDDLE
SCHOOL SITE, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, ACCORDING TO THE
PLAT THEREOF RECORDED IN CABINET A, SLIDE 8455, PLAT RECORDS, TARRANT COUNTY, TEXAS (P.R.T.C.T),
SAID 0.1958 ACRE (8,530 SQUARE FEET) TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND 5/8 INCH IRON ROD (CONTROLLING MONUMENT) FOR THE SOUTHWEST CORNER
OF SAID LOT 1, BEING IN THE INTERSECTION OF THE EXISTING NORTH RIGHT-OF-WAY LINE OF WEST
BEDDELL STREET, A 60 FOOT WIDE RIGHT-OF-WAY DEDICATION IN THE HUBBARD HIGLANDS, AN ADDITION
TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED
IN VOLUME 388, PAGE 32 OF SAID PLAT RECORDS AND THE EXISTING EAST RIGHT-OF-WAY LINE OF
JAMES AVENUE, A 60 FOOT WIDE RIGHT-OF-WAY DEDICATION IN SAID HUBBARD HIGHLANDS ADDITION AND
SEMINARY HILL, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, ACCORDING TO
THE PLAT THEREOF RECORDED IN VOUME 310, PAGE 45 OF SAID PLAT RECORDS, FROM WHICH A
FOUND 5/8 INCH IRON ROD WITH RED "GERRY CURTIS RPLS *1640" CAP (CONTROLLING MONUMENT) BEARS
NORTH 89 DEGREES 38 MINUTES 59 SECONDS EAST, A DISTANCE OF 1,269.83 FEET AND NORTHEASTWARDLY,
ALONG CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 21 DEGREES 29 MINUTES 19 SECONDS, A
RADIUS OF 210.00 FEET AND AN ARC LENGTH OF 78.76 FEET, THE CHORD BEARS NORTH 26 DEGREES
08 MINUTES 45 SECONDS EAST, A DISTANCE OF 78.30 FEET;
THENCE, ALONG THE EXISTING EAST RIGHT-OF-WAY LINE OF SAID JAMES AVENUE AND THE WEST LINE OF
SAID LOT 1, THE FOLLOWING THREE (3) COURSES AND DISTANCES;
NORTH 00 DEGREES 49 MINUTES 51 SECONDS WEST, A DISTANCE OF 448.50 FEET TO A POINT FOR
CORNER;
NORTH 89 DEGREES 38 MINUTES 59 SECONDS EAST, A DISTANCE OF 3.92 FEET TO A POINT FOR CORNER
AND THE BEGINNING OF A NON -TANGENT CURVE TO THE RIGHT;
NORTHEASTWARDLY, ALONG SAID NON -TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF
00 DEGREES 23 MINUTES 38 SECONDS, A RADIUS OF 690.80 FEET AND AN ARC LENGTH OF 4.75 FEET,
THE CHORD BEARS NORTH 05 DEGREES 28 MINUTES 16 SECONDS EAST,A DISTANCE OF 4.75 FEET TO A
SET 5/8 INCH IRON ROD WITH YELLOW "AZB" CAP FOR THE POINT OF BEGINNING AT THE SOUTHWEST
CORNER OF AN EXISTING 15-FOOT SANITARY SEWER EASEMENT, AS RECORDED IN AFOREMENTIONED
CABINET A, SLIDE 8455 AND BEING THE BEGINNING OF A CURVE TO THE RIGHT;
NORTHEASTWARDLY, ALONG SAID CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 01 DEGREES
15 MINUTES 21 SECONDS, A RADIUS OF 690,80 FEET AND AN ARC LENGTH OF 15.14 FEET, THE CHORD
BEARS NORTH 06 DEGREES 17 MINUTES 46 SECONDS EAST, A DISTANCE OF 15.14 FEET TO A POINT
(UNABLE TO SET, FALLS IN 14-INCH DIA. OAK TREE) FOR THE MOST WESTERLY NORTHWEST CORNER OF
SAID EXISTING 15-FOOT SANITARY SEWER EASEMENT;
NOTES:
1) NORTH CENTRAL ZONE 4202, NORTH AMERICAN
DATUM OF 1983 (NAD83) (2011 ADJ.), EPOCH 2O10.00,
NORTH CENTRAL ZONE NO. 4202,AS DETERMINED BY
GPS OBSERVATIONS USING THE ALLTERRA CENTRAL
RTK NETWORK. DISTANCES SHOWN ARE ADJUSTED
TO SURFACE BY APPLYING THE TARRANT COUNTY
TxDOT GRID TO SURFACE ADJUSTMENT FACTOR OF
1.00012.
2) THIS EXHIBIT WAS PREPARED WITHOUT THE
BENEFIT OF A CURRENT TITLE COMMITMENT.
3) FIELD SURVEYS PERFORMED DURING THE MONTHS
OF JUNE AND JULY,2023.
COMPUTED MCD CKD JSB REVISION
DRAWN MCD CKD JSB DATE DESCRIPTION
SUPERVISOR JSB
DATE JUNE 3,2024
SCALE i" a 401
ENCROACHMENT AREA
Bsl3a� 73
ARREDONDO, ZEPEDA WILLIAM W. WHEAT SURVEY, ABSTRACT NO. 1645 AND
a BRUNZ, INC. MARIA JOSEFA AROCHA SURVEY, ABSTRACT NO. 1
o�;X„238 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
PH. 21F1v`skw
FN(2""'"=_'S SHEET 1 OF 5
4341.
EXHIBIT "A"
FIELD NOTES - DESCRIPTION
ENCROACHMENT AREA
THENCE, NORTH 88 DEGREES 28 MINUTES 54 SECONDS EAST, ALONG THE NORTHERLY LINE OF SAID
' EXISTING 15-FOOT SANITARY SEWER EASEMENT, A DISTANCE OF 377.93 FEET TO AN INTERIOR ELL
CORNER OF SAID EXISTING 15-FOOT SANITARY SEWER EASEMENT;
THENCE, NORTH 00 DEGREES 30 MINUTES 31 SECONDS WEST, ALONG THE WESTERLY LINE OF SAID
EXISTING 15-FOOT SANITARY SEWER EASEMENT, A DISTANCE OF 174.80 FEET TO A SET 5/8 INCH IRON ROD
WITH YELLOW "AZB" CAP FOR THE MOST NORTHERLY NORTHWEST CORNER OF SAID EXISTING 15-FOOT
SANITARY SEWER EASEMENT, BEING IN THE EXISTING SOUTH RIGHT-OF-WAY LINE OF WEST SEMINARY DRIVE,
A 92 FOOT WIDE RIGHT-OF-WAY, NO DEED OF RECORD FOUND AND THE NORTH LINE OF SAID LOT 1;
THENCE, NORTH 89 DEGREES 09 MINUTES 14 SECONDS EAST, ALONG THE EXISTING SOUTH RIGHT-OF-WAY
LINE OF SAID WEST SEMINARY DRIVE, THE NORTH LINE OF SAID EXISTING 15-FOOT SANITARY SEWER
EASEMENT AND THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 15.00 FEET TO A SET 5/8 INCH IRON
ROD WITH YELLOW "AZB" CAP FOR THE NORTHEAST CORNER OF SAID EXISTING 15-FOOT SANITARY SEWER
EASEMENT;
THENCE, SOUTH 00 DEGREES 30 MINUTES 31 SECONDS EAST, ALONG THE EASTERLY LINE OF SAID EXISTING
15-FOOT SANITARY SEWER EASEMENT, A DISTANCE OF 189.63 FEET TO THE SOUTHEAST CORNER OF SAID
EXISTING 15-FOOT SANITARY SEWER EASEMENT;
THENCE, SOUTH 88 DEGREES 28 MINUTES 54 SECONDS WEST, ALONG THE SOUTHERLY LINE OF SAID
EXISTING 15-FOOT SANITARY SEWER EASEMENT, A DISTANCE OF 394.72 FEET TO THE POINT OF BEGINNING,
CONTAINING 0.1958 ACRE (8,530 SQUARE FEET) OF LAND, MORE OR LESS.
THE UNDERSIGNED, REGISTERED PROFESSIONAL LAND SURVEYOR, HEREBY CERTIFY THAT THE FOREGOING
DESCRIPTION ACCURATELY SETS OUT THE METES AND BOUNDS OF THE ENCROACHMENT TRACT.
OF TE
Per 9Fo�
.�JOSEPH S.BENITEZ
.Cq �o Es3s o��0
ti� S U�
�Xo-v3-2°
JOSEPH S. BENITEZ, R.P.L.S. DATE
TEXAS REGISTRATION NO. 5934
ARREDONDO,ZEPEDA & BRUNZ,LLC
11355 MCCREE ROAD, DALLAS, TEXAS 75238
PH. 214-341-9900
TBPLS FIRM NO.100887-00
NOTES
1) NORTH CENTRAL ZONE 4202. NORTH AMERICAN
DATUM OF 1983 (NAD83) (2011 ADJ.), EPOCH 2O10.00,
NORTH CENTRAL ZONE NO. 4202,AS DETERMINED BY
GPS OBSERVATIONS USING THE ALLTERRA CENTRAL
RTK NETWORK. DISTANCES SHOWN ARE ADJUSTED
TO SURFACE BY APPLYING THE TARRANT COUNTY
TxDOT GRID TO SURFACE ADJUSTMENT FACTOR OF
1.00012.
2) THIS EXHIBIT WAS PREPARED WITHOUT THE
BENEFIT OF A CURRENT TITLE COMMITMENT.
3)FIELD SURVEYS PERFORMED DURING THE MONTHS
OF JUNE AND JULY,2023.
COMPUTED
MCD CKD JSB REVISION
_-
MCD JSB DATE DESCRIPTION
DRAWN
CKD
SUPERVISOR JSB
DATE
JUNE 3, 2024
SCALE
111 - 40'
ARREDONDO.ZEPEDA
& BRUNZ. INC.
11355 McGRFE ROM
DALLAR TX 75239
FAX214 1i-9925
mW-olFu@e1Dai9rs.mm
ENCROACHMENT AREA
WILLIAM W. WHEAT SURVEY, ABSTRACT NO. 1645 AND
MARIA JOSEFA AROCHA SURVEY, ABSTRACT NO.1
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
SHEET 2 OF 5
EXHIBIT ''All
Lu
H
8.6, W Zi
f e:-�VV
' WILLIAM W.WHEAT SURVEY
3 P.O.B. ABSTRACT NUMBER 1645 N
90 N69" 38'59"E
\ moo, 3.92'
Lu
ii` Off, i W
W. SEMINARY DRIVE I=' (n (/)2
(92' R.O.W.) w cr
EXISTING R.O.W. _ _ _ _ _ — I? i,
3� g Qz
� W
APPROX, SURVEY LINE —
�� z
FORT WORTH INDEPENDENT SCHOOL DISTRICT WI
VOL. 1290, PG. 231 &
VOL. 574, PG. 277
ENCROACHMENT AREA D.R.T.C.T.—
z m 8,530 S.F.
w3 alo q (0.1958 AC.) CITY OF FORT WORTH ORDINANCE NO. 15580
a 6 ¢IEXECUTED 06-03-2003
Z = 1
Lu - 0 LOT 1, BLOCK 1 /00,
3
`O a, w ROSEMONT MIDDLE SCHOOL SITE FND 5/8" I.R. W/ RED
CABA, SLIDE 8455 "GERRY CURTIS RPLS tZ`
z. P.R.T.C.T.. •1s4o" CAP (CM)
EXISTING R.O.W. - N89°3659E 1,269.83' CA-21°29'19"(RT)
R-210.00'
P.O.C. L-78.76'
FND 5/8" I.R. W. BEDDELL STREET CB-N26-08'45"E
(CM) CD-78.30'
(60' R.D.W.)
MARIA JOSEFA AROCHA
SURVEY ABSTRACT NUMBER I
NOTES:
1) NORTH CENTRAL ZONE 4202, NORTH AMERICAN
DATUM OF 1983 (NAD83) (2011 ADJ.), EPOCH 2O10.00,
NORTH CENTRAL ZONE NO. 4202,AS DETERMINED BY w '
GPS OBSERVATIONS USING THE ALLTERRA CENTRAL I v
RTK NETWORK. DISTANCES SHOWN ARE ADJUSTED
TO SURFACE BY APPLYING THE TARRANT COUNTY
TxDOT GRID TO SURFACE ADJUSTMENT FACTOR OF
1.00012.
2) THIS EXHIBIT WAS PREPARED WITHOUT THE NOT TO SCALE
BENEFIT OF A CURRENT TITLE COMMITMENT,
3) FIELD SURVEYS PERFORMED DURING THE MONTHS
OF JUNE AND JULY,2023.
COMPUTED MCD CKD JSB REVISION
DRAWN MCD CKD JSB DATE DESCRIPTION
T ARREDONDO, ZEPEDA
SUPERVISOR JSB _ - BBRUNZ, INC.
11355 McCREE ROAD
DATE JUNE 3, 2024 D L nc 75238
PN.TI,-3 `om
SCALE NOT TO SCALE _.FAz2'�'40'
LEGEND
I.R.
IRON ROD FOUND
P.O.B.
POINT OF BEGINNING
P.O.C.
POINT OF COMMENCING
UNABLE TO SET DUE TO
OBSTRUCTION
MONUMENT FOUND
(SIZE/TYPE AS NOTED)
5/8" IRON ROD SET
W/ YELLOW PLASTIC
CAP MARKED "AZ80'
®
LIMITS OF PROPERTY
TO BE ACQUIRED
ENCROACHMENT AREA
WILLIAM W. WHEAT SURVEY, ABSTRACT NO. 1645 AND
MARIA JOSEFA AROCHA SURVEY, ABSTRACT NO. 1
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
SHEET 3 OF 5 i
EXHIBIT ''A''
BLOCK 2 Z /
WIL/JAM W.WHEAT SURVEY
Io
ABSTRACT NUMBER 1645
TOM BUTLER ADDITION
p'
VOL. 388-K, PG. 38
P.R.T.C.T.
/
Lu O
LOT 1, BLOCK 1
CA-01* 15'21"(RT) !
ONT MIDDLE SITE
ROSEMCAB.
R-690,80'
�'
A, SLIDESB450L
L-15 14'
► y
P.R.T.C.T.
CB-N06' 17'46"E--- _-- 1 � w'
_CD-15.14' J N to '
00_
CA-00" 23'38"(RT) ` .°- C `%- co A
R-690.80' of "Z vj
L-4.75' Q a
CB -NO CD 4175E P.O.B. mU
— APPROX. SURVEY LINE —
I (UNABLE TO SET; FALLS
IN 14" DIA, OAK TREE)
N89^38'59"E N88" 281 5411 E
M
0
Ln
W
Ld
2
------- z
377.93' r-1
3.92' AR SLIDE 1�' SAINT� Y � El4EEAST
-L----:.-1 1 • i S88* 28'54"W 394,72 Q
- ----
11
'o
FORT WORTH INDEPENDENT
SCHOOL DISTRICT
z
,n �v~i N 'I VOL. 1290, PG. 231 &
Iw U) ?M t VOL. 574, PG. 277
J" Jo,_• ,� D.R.T. C.T.
N =a ~
v Or Qom om� 3I� CITY OF FORT WORTH
o a �' ORDINANCE NO. 15580
m z")� wo° mo'w EXECUTED 06-03-2003
J v1> �>
(A O ( = o
> Z.
ENCROACHMENT AREA
8,530 S.F.
(0.1958 AC.)
' MARIA JOSEFA AROCHA
SURVEY ABSTRACT NUMBER I
_ gis-nog R_O.W, _ - - —
N89"38'S9"E"E 1,269.63'
P.O.0 W. BEDDELL STREET (60' R.O.W.)
FND 5/8" I.R. (CM) HUBBARD HIGHLANDS
VOL. 388, PG, 32
P.R.T,C.T.
NOTESI
1) NORTH CENTRAL ZONE 4202, NORTH AMERICAN
DATUM OF 1983 (NAD83) (2011 ADJ.), EPOCH 2O1D.00,
NORTH CENTRAL ZONE NO. 4202,AS DETERMINED BY w '
GPS OBSERVATIONS USING THE ALLTERRA CENTRAL I v
RTK NETWORK. DISTANCES SHOWN ARE ADJUSTED
TO SURFACE BY APPLYING THE TARRANT COUNTY
TxDOT GRID TO SURFACE ADJUSTMENT FACTOR OF
1.00012.
2) THIS EXHIBIT WAS PREPARED WITHOUT THE SCALE IN FEET
BENEFIT OF A CURRENT TITLE COMMITMENT,
3)FIELD SURVEYS PERFORMED DURING THE MONTHS 0 20 40
OF JUNE AND JULY, 2023. 1" - 40'
COMPUTED MCD CKD JSB REVISION
DRAWN MCD CKD JSB DATE I DESCRIPTION-jr
JSB - -- —_I A�&BRUNZ, NC EDA
SUPERVISOR
Il]SS NCCRcE HOLD
DATE JUNE 3, 2024 - - - DALLAS,M 76238
PH.21"14M
Pnx zlull•9sss
SCALE lH • 40' - mw.-weoep.m.cny,cmn,
LEGEND
I.R.F.
IRON ROD FOUND
P.O.B.
POINT OF BEGINNING
P.C.C_
POINT OF COMMENCING
UNABLE TO SET DUE TO
OBSTRUCTION
MONUMENT FOUND
(SIZE/TYPE AS NOTED)
5/8" IRON ROD SET
8
W/ YELLOW PLASTIC
CAP MARKED "AZ&B"
®
LIMITS OF PROPERTY
TO BE ACQUIRED
ENCROACHMENT AREA
WILLIAM W. WHEAT SURVEY, ABSTRACT NO. 1645 AND
MARIA JOSEFA AROCHA SURVEY, ABSTRACT NO. 1
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
SHEET 4 OF 5
AN
W. SEMINARY DRIVE
i5 000s 14"E
� -----.----.. (92' R.O.W.) --- ---- - ------
EXISTING R_O,W.
c
i
20' PERMANENT EASEMEI. i
VOL. 6953. PG. 1809. D.R.T•C.T. J
SCALE IN FEET 20' DRAINAGE EASEMENT
— — — — CAB. A_SLIQE 8455, P�R.T.C.T— _ —
0 20 40 /
1" = 40' /
WILL IAM W. WHEAT SURVEY /
ABSTRACT NUMBER 1645 /
o /
LOT 1, BLOCK 1 t
ROSEMONT MIDDLE SCHOOL SITE
CAB. A, SLIDE 8455
In P.R.T.C.T. ENCROACHMENT AREA
3 / 8,530 S.F.
LL FORT WORTH INDEPENDENT SCHOOL DISTRICT = / (0.1958 AC.)
0 VOL. 1290, PG, 231 & r
VOL. 574, PG. 277 M / DO
D.R.T.C.T.
CITY OF FORT WORTH ORDINANCE NO. 15580 z / w
EXECUTED 06-03-2003 /
W / o
Ld
V)
w — — — — _ APPROX. SURVEY LINE — — — — — — — — -- —
Z
"J N88- 28'54"E 377.93'
15zSANITAI SEWER EASEMENT
CAB P RS71DET 8455/
Q S88° 28'54"W 394.72'
THE UNDERSIGNED, REGISTERED PROFESSIONAL LAND
SURVEYOR, HEREBY CERTIFY THAT THE FOREGOING
ACCURATELY SETS OUT THE
MARIA JOSEFA AROCHA ANDCRPTION BOUNDS OF THE ENCROACHMENT TRACT. TES
SURVEY ABSTRACT NUMBER l
OF Tr
t; .........
JOSEPH S. BENITEZ
LEGEND ..,p 5934
I.R.F. IRON ROD FOUND
P.O.B. POINT OF BEGINNING
NOTES: P.D.C. PONT OF COMMENCING O S U Ry
_ UNABLE TO SET DUE TO
1) NORTH CENTRAL ZONE 4202, NORTH AMERICAN OBSTRUCTION dG-a3iv
DATUM OF 1983 (NAD83) (2011 ADJ.), EPOCH 2O10.DO, MONUMENT FOUND
NORTH CENTRAL ZONE NO. 4202,AS DETERMINED BY A (SIZE/TYPE AS NOTED)
GPS OBSERVATIONS USING THE ALLTERRA CENTRAL 5/8" IRON ROD SET JOSEPH S. BEMTEZ• R.P.L.S. DATE
RTK NETWORK. DISTANCES SHOWN ARE ADJUSTED 0 W/ YELLOW PLASTIC TEXAS REGISTRATION RNO..P.L.S.
S5934
.
TO SURFACE BY APPLYING THE TARRANT COUNTY CAP MARKED "LASTI TEXAS REGISTRATION
ZEPEDA k BRUNZ, LLC
TxDOT GRID TO SURFACE ADJUSTMENT FACTOR OF 11355 MCCREE ROAD, DALLAS, TEXAS 75238
1.00012. ® LIMITS OF PROPERTY PH. 214-341-9900
TO BE ACQUIRED TBPLS FIRM NO. 1OD887-00
2) THIS EXHIBIT WAS PREPARED WITHOUT THE
BENEFIT OF A CURRENT TITLE COMMITMENT.
3)FIELD SURVEYS PERFORMED DURING THE MONTHS
OF JUNE AND JULY, 2023. ENCROACHMENT AREA
- COMPUTED MCD CKO JSB REVISION
a is —G
DRAWN MAD CKD JSB DATE DESCRIPTION �aFZi-'IIJ.
ARREDONDO, ZEPEDA WILLIAM W. WHEAT SURVEY, ABSTRACT NO. 1645 AND
SUPERVISOR JSB LBRUNZ,INC. MARIA JOSEFA AROCHA SURVEY, ABSTRACT NO. 1
DATE DUNE 3, 2024 1o�;x;�� CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
PH 21l.L1-Z'
SCA_E T. ,>9u
a 40' ..wF,�. - SHEET 5 OF 5 ,
EXHIBIT B
Certificate of Insurance
Tier II Easement Encroachment Agreement Page I I of 11
Revised 12/2022