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Home My WebLink AboutContract 62859Date Received; 03/03/2025 Record Number: PN24-00128 Time Received: _3_:_o_3_P_,m_. ___ _ City Secretary No.: _6_2_8_5_9 ___ _ PUBLIC PROPERTY RIGHT-OF-WAY ENCROACHMENT LICENSE AGREEMENT TIER JI 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 GPIF CD II LLC, a Delaware limited liability company ("Licensee"), acting by and through its duly authorized representative. RECITALS WHEREAS, Licensee is the owner of the real property located at 3336 Boland Street, Fort Worth, Texas 76107 ("Property"), being more particularly described as Lot 2R-l, Block 5, VAN ZANDT'S HILLSIDE ADDITION, an addition to the City of Fort Worth, Tarrant County, Texas, according to the warranty deed thereof recorded by Instrument Number D224050480, in Real Property records, Tarrant County, Texas; 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-23-204), which plat is recorded in the plat records of Tarrant County as Instrument D225017945; 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 storm drain and water lines (the "Encroachment"). Tier II ROW Encroachment Agreement Page I of 12 Updated 2024 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 Properly 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 expcnse 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 pu�pose, 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. :� 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 Tier II ROW Encroachment Agreement Page 2 of 12 Updated 2024 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). Additionally, Licensee agrees to pay a fee in the amount of $2.00 per square/linear foot of the encroachment area upon execution of this Agreement and annually thereafter, which amount equals $68.60 based on 34.3 linear feet. 7. The term of this Agreement shall be for sixty (60) 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 bene�t 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 arder to accommodate both the Encroachment and the public purpose. Tier II ROW Encroachment Agreement Page 3 of 12 Updated 2024 9. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY TNDEMNIFY, 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 TN PART, BY THE ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR TNVITEES OF THE CITY; AND LiCENSEE HEREBY ASSUMES ALL LIABIL�TY AND RESPONSiBILITY FOR SUCH CLAIMS OR SU�TS. 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 `B." 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. 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. Tier II ROW Encroachment Agreement Page 4 of 12 Updated 2024 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 prompdy 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. Tier Ii ROW Encroachment Agreement Page 5 of 12 Updated 2024 17. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. 18. Licensee, or any successor, 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. Foreclosure by a secured lender of a Licensee or assignment to a secured lender by such 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 such Licensee's rights and obligations hereunder. However, no change of ownership due to foreclosure or assignment to any secured lender of a Licensee shall be effective as to City unless and until written notice of such foreclosure or assignment is provided to City. Notwithstanding the foregoing, Licensee may, without prior written consent, assign any or all of its rights, privileges or duties hereunder to an affiliate (defined as an entity under common control with Licensee) or to the purchaser of the Property ("Allowed AssignmenY'). In the event of an Allowed Assignment, Licensee will notify the City by providing Proper Notice as de6ned below of such Allowed Assignment. "Proper Notice" under this Agreement will require that the notice by the Licensee be (i) submitted within fifteen (15) days of such assignment; (ii)_in writing; (iii) submitted via certified mail at the then current address of Licensor (currently 200 Texas Street, Fort Worth, TX 76102) and (iv) directed to "Attn: Director, Development Services, Contract Management". If Proper Notice of an Allowed Assignment occurs, the new owner shall be deemed to have accepted Licensee's rights, duties, and obligations hereunder, and this Agreement shall be deemed assigned with regard to the applicable Property and the new owner will be required to provide an updated Certificate of Insurance in accordance with the terms of this Agreement. In the event of an Allowed Assignment, Licensee shall automatically be released from any further obligation or liability under this Agreement. If Proper Notice of an Allowed Assignment is not provided as defined above, then such assignment shall be void. 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. Tier II ROW Encroachment Agreement Page 6 of 12 Updated 2024 21. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but al] of which shall constitute one instrument [STGNATURES APPEAR ON FOLLOWiNG PAGE] Tier II ROW Encroachment Agreement Page 7 of 12 Updated 2024 EXECUTED to be effective on the date signed by the City's Director of Development Services Department City: CITY OF FORT WORTH By: Dalton Harr:11-feb 25, 202513:57 CST) D.J. Harrell Director, Development Services Department Date: Feb 25, 2025 ATTEST: Approved As To Form and Legality Jannette Goodall, City Secretary 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 (Feb 25, 2025 10:19 CST) Rebecca Owen Development Services Manager Tier II ROW Encroachment Agreement Page 8 of 12 Updated 2024 Licensee: GPIF CD iI LLC, a Delaware limited liability company By. : Cevin Crum Title: Sr. Vice President- Development Date: 2/21 /25 THE STATE OF TEXAS COUNTY OF TARRANT � 0 BEFORE ME, the undersigned authority, a Notary Public in and for the State of TEXAS, on this day personally appeared Kevin Crum, 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 GPIF CD II LLC, 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. GNEN iJNDER MY HAND AND SEAL OF OFFICE this ^.�l � day of � , 20��. . , Notary Public in and or the State of Texas .a.�.�.� ��1YP�� LINDA M. WILLIAMS ` .��; . </p �i :_:� �= Notary Public, State of Texas =`�'�. '�= Comm. Expires 07-2Cr2028 � ,F... �-; '��,,,°;;,��°� Notary ID 12989$333 Tier II ROW Encroachment Agreement Page 9 of 12 Updated 2024 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 this25th day of February , 20 25 � �t«�'�� Ir✓� y� Notary Public in and for the State of Texas op,RY/'ve/ WENDY L BEARDSLEE _ � Notary Public * � * STATE OF TEXAS NT G�� P Notary I.D. 13323719-3 �'FoF�� My Comm. Exp. July 28, 2025 Tier iI ROW Encroachment Agreement Page 10 of 12 Updated 2024 EXHIBIT A Depiction and description of the Encroachment Tier Ii ROW Encroachment Agreement Page 11 of 12 Updated 2024 ATTACHMENT D EASEMENT ENCROACHMENT AGREEMENT Part of West 7th Street John P. Montgomery Survey, Abstract No. 1030 City of Fort Worth, Tarrant County, Texas DESCRIPTION, of a 299 square foot (0.007 acre) tract (Tract 1), a 305 square foot (0.007 acre) tract (Tract 2), a 307 square foot (0.007 acre) tract (Tract 3), and a 512 square foot (0.012 acre) tract (Tract 4) of land situated in the John P. Montgomery Survey, Abstract No. 1030, City of Fort Worth, Tarrant County, Texas; said tracts being part of West 7th Street (a variable width right-of- way), dedicated in VanZandt Hillside Addition, an addition to the City of Fort Worth according to the plat recorded in Volume 204, Page 4 of the Plat Records of Tarrant County, Texas; said tracts being more particularly described as follows (bearing system for this survey is based on a the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone 4202, based on observation made on January 17, 2023, with a combined scale factor of 1.00012): TRACT 1 COMMENCING, at a 1/2-inch iron rod with "WESTWOOD PS" cap found at the intersection of the south right-of-way line of West 7�h Street (a variable width right-of-way) and the east right-of- way line of Boland Street (a 60 foot wide right-of-way); THENCE, South 89 degrees, 50 minutes, 20 seconds East, along the south line of said West 7'h Street, a distance of 42.40 feet to the POINT OF BEGINNING; THENCE, North 44 degrees, 18 minutes, 25 seconds East, departing said south line of West 7cn Street, a distance of 19.91 feet to a point for corner; THENCE, Due East, a distance of 20.96 feet to a point for corner; THENCE, South 44 degrees, 18 minutes, 25 seconds West, a distance of 19.99 feet to a point for corner in south line of West 7'h Street; from said point a"+" cut in concrete found for an angle point bears South 89 degrees, 50 minutes, 20 seconds East, a distance of 149.52 feet; THENCE, North 89 degrees, 50 minutes, 20 seconds West, along said south line of West 7'n Street, a distance of 20.90 feet to the POINT OF BEGINNING; CONTAINING: 299 square feet or 0.007 acres of land, more or less. TRACT 2 COMMENCING, at a 1/2-inch iron rod with "WESTWOOD PS" cap found at the intersection of the south right-of-way line of West 7'h Street (a variable width right-of-way) and the east right-of- way line of Boland Street (a 60 foot wide right-of-way); THENCE, South 89 degrees, 50 minutes, 20 seconds East, along the south line of said West 7'h Street, a distance of 70.94 feet to the POINT OF BEGINNING; THENCE, North 45 degrees, 00 minutes, 00 seconds East, departing said south line of West 7tn Street, a distance of 20.27 feet to a point for corner; THENCE, Due East, a distance of 21.21 feet to a point for corner; PAGE 1 OF 4 EXHIBIT "A" EASEMENT ENCROACHMENT AGREEMENT Part of West 7th Street John P. Montgomery Survey, Abstract No. 1030 City of Fort Worth, Tarrant County, Texas THENCE, South 45 degrees, 00 minutes, 00 seconds West, a distance of 20.35 feet to a point for corner in said south line of West 7th Street; from said point a"+" cut in concrete found for an angle point bears South 89 degrees, 50 minutes, 20 seconds East, a distance of 120.73 feet; THENCE, North 89 degrees, 50 minutes, 20 seconds West, along said south line of West 7'n Street, a distance of 21.15 feet to the POINT OF BEGINNING; CONTAINING: 305 square feet or 0.007 acres of land, more or less. TRACT 3 COMMENCING, at a 1/2-inch iron rod with "WESTWOOD PS" cap found at the intersection of the south right-of-way line of West 7�" Street (a variable width right-of-way) and the east right-of- way line of Boland Street (a 60 foot wide right-of-way); THENCE, South 89 degrees, 50 minutes, 20 seconds East, along the south line of said West 7�h Street, a distance of 129.76 feet to the POINT OF BEGINNING; THENCE, North 44 degrees, 44 minutes, 36 seconds East, departing said south line of West 7'n Street, a distance of 20.41 feet to a point for corner; THENCE, Due East, a distance of 21.12 feet to a point for corner; THENCE, South 44 degrees, 44 minutes, 36 seconds West, a distance of 20.49 feet to a point for corner in said south line of West 7th Street; from said point a"+" cut in concrete found for an angle point bears South 89 degrees, 50 minutes, 20 seconds East, a distance of 62.00 feet; THENCE, North 89 degrees, 50 minutes, 20 seconds West, along said south line of West 7�n Street, a distance of 21.06 feet to the POINT OF BEGINNING; CONTAINING: 307 square feet or 0.007 acres of land, more or less. TRACT 4 COMMENCING, at a 1/2-inch iron rod with "WESTWOOD PS" cap found at the intersection of the south right-of-way line of West 7�h Street (a variable width right-of-way) and the east right-of- way line of Boland Street (a 60 foot wide right-of-way); THENCE, South 89 degrees, 50 minutes, 20 seconds East, along the south line of said West 7�h Street, a distance of 165.87 feet to the POINT OF BEGINNING; THENCE, Due North, departing said south line of West 7�'' Street, a distance of 14.69 feet to a point for corner; THENCE, South 89 degrees, 52 minutes, 04 seconds East, a distance of 42.13 feet to a point for corner; PAGE20F4 EXHIBIT "A" EASEMENT ENCROACHMENT AGREEMENT Part of West 7th Street John P. Montgomery Survey, Abstract No. 1030 City of Fort Worth, Tarrant County, Texas THENCE, South 45 degrees, 00 minutes, 00 seconds West, a distance of 20.75 feet to a point for corner in said south line of West 7'h Street; from said point a"+" cut in concrete found for an angle point bears South 89 degrees, 50 minutes, 20 seconds East, a distance of 19.49 feet; THENCE, North 89 degrees, 50 minutes, 20 seconds West, along said south line of West 7cn Street, a distance of 27.46 feet to the POINT OF BEGINNING; CONTAINING: 512 square feet or 0.012 acres of land, more or less. (A survey plat of even survey date herewith accompanies this description.) The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the encroachment tract described. 05/13/2024 Michael Larry ewis, r. Date Registered Professio I Land Surveyor No. 5773 Westwood Professional Services, Inc. 500 W 7th Street, Fort Worth, TX 76102 (817) 412-7155 TX Reg. Surveying Firm LS-10074301 R0042466.00EXS_Lega I . doc R0042466.00EX5.dwg GAL ,�-e o F r� . .�P �� s/�r F,pF :�'y ry: Q �-,►-7 O• t1� ��l ....................... u11CHAEL LARRY LEWIS, JF ................... :... 9 ,�0�5773 �P o �;o., FS S �v�� SUR PAGE30F4 ATTACHMENT B �•a��vva�� ,. .. �_ �.. �� '�'( - i ��, . • �„� ' �:� _ - � �,�c �'`�i __ _ �� _�_ . ,. i��- ' : .._ SVqYi �i�;�f �� - `1 -- ,� f , ,. � . - - t < n ,: I � V ' ; (� � � � r �- ! : f ° R,� � " ,,. A ;+! , . � I - � � .r— i .� i� � � _{ .h�yl� r ��1i�I j � �, .�c' � � ' . f� � � � ' 1 ,�:;.� �� ^ ;� . . =� �kE� � i� � SITE LOCATION '=� � "' � "-' ` , ..'�- —.1 . , n� ..�r_ t . �i,� — ��. � � - I .r >� � '�`'q : '� ,��'� ' ' ��' l�r=" z '�' n% •.,+� t .r.�...- �� r ,1 r y �. ' , a � .� . � ' i "� � . p1� � �U � � +i.��_ - �� yt-,�1�� . � �ti * % � ' t'' , \>. o p � �,. ' �� I-� �� ,� � ~Mn�: � , � i � u =_ � `'� . � � .. � @�] .'�� , - AL j � � ' 4 . �,, s� y� y `, '..�. - �,� . i� �a � . ��"� _ +.t � 'v � � - Y' sr�lS � i t !. � � ' ��. • �• , , .-� � ,, 1 � � ', �� V ✓ �� fr � ` , t ' � r • • • e � 'j'� ,,�;, �,� �� .i' � � , �'' �' •�`, '% � .: - ��1 . .. � '� ..�1�► �r� i ;yR � , � �. J.• . ,�cb?d.� _ �: I 1 � % � �i. � �� .� , ' � � '� � ` � �` }1 '� �;�:., ..� .: � �'-��'` � � 4 ,� � ,�",�r�. ,- � `f _ , .�;.; " ��s ` :u�", � �.' . _" - �«;�' ' � - 1 � � � � � � � '_�`, _�`.J�`-iri.�r � -� ��qf as � t � . � s4 *� ; ?„ _� � " 4. ��f � � . � J � �. `'' 1 � , � �� ' � �;� :t � : � � :� � -,.� ; ' u 1 � _ .;� � ; �ut. • il' 1'�� ,'� �� • � �. " !!� � ri p �. .. � I • � �WU u� � �� TRACT 2 EASEMENT ENCROACHMENT 3 AGREEMENT d 20'X20' PUBLIC OPEN � 305 SF SPACE EASEMENT (VOL. 388-126, PG. 32) � (0.007 ACRES) WEST 7TH STREET (va. 204, Pg. 4) L1 �� P• O T�-4 42.40' �� 37.67' • � �4 7.64 L$ S 89'50'20" E� 212.82•' IRF ��.M> P. �. . P. O. B, P. O. B. � TRACT 1 TRACT 2 1RACT 3 I� 60 R.O. W. ---►� TRACT 1 TRACT 3 EASEMENT EASEMENT � � �ENCROACHMENT ENCROACHMENT W AGREEMENT AGREEMENT � 299 SF 307 SF � (0.007 ACRES) (0.007 ACRES) � LOT 2R, BLOCK 5 � VAN ZANDT'S HILLSIDE ADDITION Q (INST. N0. D221271821) 2 I Q � � LEGEND - - - - PROPERTY LINE EASEMENT LINE _ _ _ EXISTING EASEMENT LINE 0 POINT FOR CORNER (UNLESS OTHERWISE NOTEO) L/NE TABLE L/NE BEAR/NG LENGTH L1 N 44'18'25" E 19.91' L2 EAST 20.96' L3 S 44'18'25" W 19.99' L4 N 89'S0'20" W 20.90' L5 N 45'00'00" E 20.27' IRF - IRON ROD FOUND LF) EAST Z�.Z�� C.M.� - CONTROLLING MONUMENT L7 S 4�J�OO�OO� W 20.35� PO.B.- POINT OF COMMENCING L8 N 89�rJ0�2�� W 2�.�rJ� P. O. C� P��NT OF BEGINNING The undersigned, Registered Professional Land Surveyor, hereby certifies that this plat of survey accurately sets out the metes and bounds of the encroachment tract described. ,�P: • G� S T E9 �-I',9 �j:�P`�' � FO•;J� .� MICHAEL�LAARY LEWIS,�JR. .. :....................i � ;A 5773 ��: � 9,y �Ff S S � ��' �l� � Y 05/13/2024 °��'sua�� Q Michael Larry Lewis, J'`./ Date N Registered Professional 7X REG. ENGINEERING FIRM F-11756 o Land Surveyor No. 5773 � TX REG. SURVEYING FIRM LS-10074301 � � 500 W 7TH ST. � V�estwood "� FORT WORTH, TX 76102 N 817.412.7155 W DRAWN BY CHECKED BY SCALE DA�E JOB NUMBER J Q GAL MLL 1"=40' MAY 2024 R0042466.00 c� L� 2 / 15.04' L TRACT 4 � EASEMENT ENCROACHMENT o AGREEMENT � 512 SF o (0.012 ACRES) `O 19.49' p �I `"+" CUT �A��'�' IN CON. FND 10' ONCOR EASEMENT PART 1 (INST. N0. D221188045) / \ v L/NE TABLE L/NE BEAR/NG LENGTH L9 N 44'44�36" E 20.41' L10 EAST 21.12' L11 S 44'44'36" W 20.49' L12 N 89'S0'20" W 21.06' L13 NORTH 14.69' L14 S 89'52'04" E 42.13' L15 S 45'00'00" W 20.75' L16 N 89'50'20" W 27.46' 0 20 40 80 NOTES: GRAPHIC SCALE IN FEET 1. A metes and bounds description of even survey date herewith accompanies this plat of survey. 2. Bearing system for this survey is based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone 4202, based on observations made on January 17, 2023 with a combined scale factor of 1.00012. EASEMENT ENCROACHMENT AGREEMENT PART OF WEST 7TH 5TREET JOHN P. MONTGOMERY SURVEY, ABSTRACT N0. 1030, CfTY OF FORT WORTH, TARRANT COUNTY, TEXAS PAGE 4 OF 4 ATTACHMENT C N 0 25 50 100 GRAPHIC SCALE IN FEET C' � � � H m S X W H Z W � 2 U Q O � U Z W � � � � O O � � � N � O O / H m S X W / O � U Z � N w 0 �W Q� � �� o � �o N Q a U N �� N p � O � O J � a � N � � N � � Q O �i �z - � � - - � � T - - - - - - - + I WEST 7TH STREET I I (� v,wueiE won� mar-or-w�� 2 � �2 W �2 � � W ' �2 W �� -� _ 12"SS � 12"SS 12"SS ----� � _— , - ., _ _ �l_ � i � N N N I fI / � W �� PC {1 ` F N� � W � .- I I � I � EX'A PROPOSEO BUhDINC EX'B �� ' � �! � �� N � � N �� N ,{_ � � �r0 I � Q�p- i. i �. ,�I �� -,�, �� II � .�.��`��v I � �,� ,I I ��`-r,�,� I � �� f � � l__ ,� , PROPOSEO PARKING GMAGE �� I , " � ' I � :� i � � � ' `� 1',� .. - .,� I y� •- �� ' .I I ��tb� I / _ � "'-^�I -- -- _ I,�I '%I �:,I ' .I -.1 . i� y \ . _ , ... . . t > -G�( i; � ;; *�"' ', -� � , _ , rt� = -, . ,, R � Dp, �1�E - , .�`:�._ ' P�E��,._6- , � ,�. ,�- � � � _., ROW ENCROACHMENTS OVERA�� S TE PLAN TX REG. ENGINEERING FIRM F-11756 TX REG. SURVEYING FIRM LS-10074301 w V � � � � G � � � ENCROACHMENT AREA — — — PROPERTY LINE � 0 10 20 40 GRAPHIC SCALE IN FEET Exist 18" RCP ' Storm Drain Line ' WES T 7 TH S TRE � C� 3 0 vi � m _ X W H Z W � _ v Q 0 � � z w 3 0 � I 0 0 � � � N � O 0 / � m _ x w , a M c� z c� � w 0 � w a� �� o �o N Q o� N �� N p \ p �o J � Q � N � � � � O Qo c� / � z (A VARIABLE WIDTH RIGHT-OF-WAY) � W , 2��W , 2��W -, 2��W , ,,W W PRIVATE � ENCROACHMENT EXIST. 12" S.S EXIST. 2" WATER ' TRACT 1(300 SF) X-19958 � X-199-'�8 � 12"SS 12" S 12'SS -12"SS � - w � - � 2"w a � � N z U W N J � N m N 0 � - — �wo ;o z w N U � X Q V7 � o�Z T N (n ._. �� .;� ! ' I EXIS . 18" �-s- � -- - �� ' � - — �W — — ... �. _. . ,---- � - - W _ - W — — � 1 Prop Private � �trr�m lin�� !__ �� W �� s � � -� � PRIVATE � � � � �- � ENCROACHMENT I � I � Q � TRACT 2 � � � � (305 SF) ' ~ N � PROP. 10'X10' WATER EASEMENT BY z N ` SEPARATE INSTRUMENT � o I� w '� �o �az W la �� o� Z �o" PROP. BUIDLING ' 0 —PROP. 5' PEDESTRIAN EASEMENT BY ' „�� SEPARATE INSTRUMENT ' ROW ENCROACHMENT 1 8c 2 PLAN VIEW EXHIBIT "A" ��a� g0 4 WO 55H,ITXI SRO AD TX REG. ENGINEERING FIRM F-11756 ORAWN BY CHECaEO BY SC,a[E DaTE ✓oB Nu,tiBER TX REG. SURVEYING FIRM LS-10074301 SDC MFW 1"=20' 05/22/2a24 0042466.00 v ci L� ^ � � G � � o ENCROACHMENT AREA — — — PROPERTY LINE � 0 10 20 40 GRAPHIC SCALE IN FEET ' Exist Public 8" Water Line Prop Private water ends at water meter box Exist Public 18" �' Line to be rerouted RCP Storm Line �' per IPRC plans %� � T�� %� / / / � (A VARIA LE WIDTH R GHT-OF-WAY) �� W 12'�W 12� WI 12"W 12"W 12"W _, PRI VATE ENCROACHM NT EXIST. 12" S.S EXIST. 12" WATER � TRACT 3(3 7 SF) X-19958 � X-19958 o�-' 12"SS - 12"SS 12"SS 12 S 12"SS - `� vi � _m m'_ w � -- — — � - -- - - z w =m � Q -- O � \ c� z w � �� ii Prop Private 8" Strom lines o C - �— o � � ��__ �- � � o �o � Q� N ' � � d � o � �- � z N � � w N ~ � 0 m w S N O X N Q z � �' O H �� m �z z m� o�. (� (n � O W ' � � � w Q ~ � '� � � � � � �o N Q o� N N p N / �EXIST. '•" Sc�r !E ^�^^-�`v- � PRIVATE - ENCROACHMENT TRACT 4 (512 SF) I � Z w w� ~ W a �, �� N � � Q c0 z � O w z n � w N W � � w N � PROP. BUIOLING w w o ��o � d Z CJ z F- Q Q (� � � Z � � �. \, _ � H v� Z w � - � � �� w � Q W � - - w wo i � � � � � a� `` " I � N zo Q � O �z ❑ > O � � w � � � ROW ENCROACHMENT 2 8c 3 PLAN VIEW EXHIBIT "B" � p 4060 BRYANT IRVIN ROAD J� �estwood FORT WORTH, TX 76109 N � 817.412.7155 � N d- �� TX REG. ENGINEERING FIRM F-11756 ORawN BY CHECKEO BY SCa�E D,arE ✓OB NUMBER U j o TX REG. SURVEYING FIRM LS-10074301 SDC MFW 1"=20' 05/22/2024 0042466.00 cn z v w � � c� � 0 � � m _ X w � z w � _ � Q 0 � � z w � O � i 0 0 � � a N � 0 0 � � m _ X w i 0 � � z � � w 0 �w Q� � �� o �- o N a o� N \ r N p \ p � O J � Q � N � � � � O Qo c� / o .. cn z 575 570 0 10 20 40 0 1 2 4 HORIZONTAL SCALE IN FEET VERTICAL SCALE IN FEET I I � I 1 I LIMITS F ENCROACH ENT 1 PROP. GRDUND I I�I"M"fTS F ENCRIOACH ENT I -- � _ i I 575 ( �I � EXIS17. � GROUND � / � � �--- pROP. f�RIVATE 570 � 8" STQf�M Df�AIN -- II _ PROP, ! � I � � PRIV,4TE � �� 565 Exist Public 18 �8" S1�ORNi ' RCP Storm Line DRAIN Exist Public 18" I I - —_ RCP Storm Line RQW E--CF�-OACH! E�JT R0W NCROAC �1Ef�T TR�CT PR�OFIL' VI�W TR'ACT 2 P�OFII� VIiEW 565 0+ DO 0+ 00 PROFI�E VIEWS EXHIBIT "A" I - � ,� T '� EXISIT. / GROIJND PROP. GROUND :/ TX REG. ENGINEERING FIRM F-11756 TX REG. SURVEYING FIRM LS-10074301 v V `` ^ 0 10 20 40 0 1 2 4 575 HORIZONTAL SCALE IN FEET VERTICAL SCALE IN FEET 575 � I � I -� - , � � -I I I � � Show in profile the Exist L('MITS F � � Show in Profile the Public 8" Water Line ENCROACNM NT 3 i� Prop Public water I, , Line to be rerouted 570 I per IPRC plans I 570 L,IMITS I � � ENCRjOACH E T 4+ � EXI�T. � _ _ � � GROUND � i, I m ', � I _ X � w � -- � PROP. � � PROP. GROIJND �- I � GROU;ND- -- - a i o � � � w � o � PROP. RIVAjE GROIJND �, 565 8" sTo M DRAIN I 565 o — — � � � � � N � - — � - pROP. R+VA'fE � Exist PubliC 18" � 8" STO M DRAIN m RCP Storm Line z� -� --- �,� - - � X o � Exist Public 18" � - ' -- - RCP Storm Line z � c� � � ROW E CROACH�1-ENT ROW Pl-EROACH ENT Q� TRA�CT PR��O�IL� VIE'W TR�,CT 4 P�'O�IL� VI�W � � 560 ' S60 �o � Q 0+00 PROFILE VIEWS N� EXHIBIT "B" � � 0 4060 BRYANT IRVIN ROAD Cw,1 Q� � l e s t w a a d FORT WORTH, TX 76109 � N � 817.412.7155 � � N � � Q o TX REG. ENGINEERING FIRM F-11756 ORAWN BY CHECKED BY SCa�E D,aTE ✓OB NundBER �' � SDC MFW 1"=40' 05/22/2024 0042466.00 o z TX REG. SURVEYING FIRM LS-10074301 �s , ' _.�� ; � s��`. � , .,, �6I� L : .�.i -� � �" , '� � 1 . , * � •t� .� _ . yC . ti �� ' y:�� .•,r! .� : ,� r.,• ' ;,��'� - �y :. a. ' �, T� � �' _ , rt� ' ,�` � f ��'► � �t� �� i • ` Z � � � • - � ,yr.� %� _�' ;• . �i_ ` � l w y � �r _,,, . •.� � '�ir �. � ` �� y' '� ' �- � � `� '• � � , Ns. r � , . w +� _. �• �` � Z� ��.,� , : . "ti A f .�� ; , � �'` � ; : '° �`� �� `�- �� ' �a « "' ' '� C 7 ry � �T Q. T �T �� ro ' 0) r � m' � �, � �� O � lD �lti �1 � tV � , � F. � _ ��' � . a .� c 1, ` 1> i � O � ."� "1 Z' G I � O] �O 1 '1 � 7; �� Ui , � c�' � Q � � I. �,5 •� �-„ = ��. .� _i J • �- � * � i" �� . �� - � _ ;� : __.: EXHIBIT B Certificate of Insurance Tier ii ROW Encroachment Agreement Page 12 of 12 Updated 2024 c R� CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YVVV) 2/18/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If ihe certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rfqhts to the certificate holder in Iieu oi such endorsement(s). PRODUCER Alliant Insurance Services, Inc. 16000 N. Dallas Pkwy Suite 850 Dallas TX 75248 INSURED Beck Group Holdings, LLC HCBeck, Ltd. 1601 Elm Street, Suite 2800 Dallas TX 75201 Nn"ioie��' Aileen Escobedo PHONE 2�4-316-2613 Np, EYt); E-MAIL aooRess: Aileen.Escobedo@alliant.com INSURER(S) AFFORDING COVERAGE :#: OC36861 irtsuAeRA: Greenwich Insurance Com an HCBECKH-01 iNsuaeR e: XL Specialty Insurance Company iNsuRea c: American Guarantee and Liabili INSUREH D : INSURER E : INSURER F : NAIC 26247 COVERAGES CERTIFICATE NUMBER: 1997935915 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY FiEQUIREMENT, TEfiM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TypE OF INSURANCE A�DL SUBR pOLICV NUMBER MMIDD/VYYY MM DD/VYYY LIMITS LTR A X COMMERCIAL GENERAL LIABILITY Y CGC740986605 7/1I2024 7/1I2025 EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE � OCCUR DAMAGE TO RE TED PREMISES Ea occurrence 5100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY U jECT � LOC PRODUCTS - COMP/OP AGG $ 4,000,000 OTHER: $ A AUTOMOBILE LIABILITV Y CAH740986705 7/1I2024 7/1I2025 COMBINED SINGLE LIMIT g Z�p00,000 Ea accident X ANY AUTO BOD�LY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURV (Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ e X UMBRELLALIAB X OCCUR US00101094LI24A 7/1/2024 7/1/2025 EACHOCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 DED RETENTION $ $ g WORKERSCOMPENSATION Y CWC740986505 7/1/2024 7l1/2025 X PER OTH- AND EMPLOVERS' LIABILITY Y� N STATUTE ER _,_ _ ANVPROPRIETOP/PARTNER/EXECUTIVE E.L EACH ACCIDENT $ 2,000,000 OFFICER/MEMBEREXCLUDED? � N / A (Mandatory in NH) E.L. DISEASE � EA EMPLOYEE $ 2,000,000 I1 yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 2,000,000 C Excess Liability AEC-3302909-05 7/1/2024 7l1/2025 Each Occunence $15,000,000 Aggregate Limit $15,000,000 DESCRIP710N OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached H more space is required) PN24-00128 & PN24-00165 The City of Fort Worth, its officers, employees and servants and GPIF CD II LLC are included as Additional Insured with respect to General Liability, Automobile Liability policieswhere required by written contract. General Liability, Auto Liability policies shall be Primary and Non-Contributory with any other insurance in force for or which may be purchased by Additional Insureds. Waiver of subrogation applies in favor of above Additional Insured with respects Workers' Compensation policywhere required by written contract. City of Fort Worth P i& Di I �- � PN24-00128 & PN24-00165 100 Fort Worth Trail Fort Worth TX 76102 ii i�� SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORI2ED REPRESENTATIVE E�� O 1988-2015 ACORD CORPORATION. All righis reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD