HomeMy WebLinkAboutContract 62958Date Received: 3/14/2025
Time Received: 10:26 a.m.
Record Number: PN24-00175
City Secretary No.: 62958
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
TIER II
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 Plaza Street Fund 329, LLC, a(n)
a Kansas limited liability company ("Licensee"), acting by and through its duly
authorized representative.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 1050 N. Beach
Street, Fort Worth, Texas 76111 ("Property"), being more particularly described as, Lot
1-B, Block 1, of Green Acres Addition, an addition to the City of Fort Worth, Tarrant
County, Texas, as recorded in Deed Records, by Instrument Number D224208878; and
WHEREAS, the City owns or/and has an interest in a drainage & utility and
water easements (the "Public Property") adjacent to the property, dedicated to the City
in easements filed in the Tarrant County Deed Records as Instrument Number
D185006134 and D209272157, as depicted on the final plat of the property (FS-20-157),
which plat is recorded in the plat records of Tarrant County as Instrument Number
D221011087; and
WHEREAS, Licensee desires to construct, place, and maintain certain
improvements which will encroach in, on, above, or below the Public Property; and
WHEREAS Licensee has received consent from the other franchise utility
companies to construct, place, and maintain the improvements within the public utility
easement; 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.
Tier II Easement Encroachment Agreement
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page I of 14
Updated 2024
The City, in consideration of the payment by Licensee of the fee set out below
and covenants and agreements hereinafter contained to be kept and performed by
Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and
occupy a portion of the City's Public Property as described in and at the location shown
on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing,
installing, and maintaining a private 10" storm drainage pipe, retaining wall, stairs, ramp,
deck, headwall, roof drain pipes, water line (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. Licensee has received
the approval and consent of certain franchise utility companies and such consents are
attached hereto as Exhibit `B." Licensee agrees that it shall secure the approval and
consent of all other 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
Tier II Easement Encroachment Agreement Page 2 of 14
Updated 2024
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 One Thousand Twelve Dollars and Fifty Cents
($1012.50).
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
Tier II Easement Encroachment Agreement Page 3 of 14
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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 "C."
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 14
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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 "C" 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.
Tier II Easement Encroachment Agreement Page 5 of 14
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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.
Prior to the end of the term of this Agreement, Licensee may submit a new
encroachment application to the City. The City will not unreasonably withhold or delay
approval of such application provided that the Encroachment follows the then current
City codes and compliance.
20.
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.
21.
Tier II Easement Encroachment Agreement Page 6 of 14
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This Agreement shall be binding upon the parties hereto and their successors and
assigns.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Tier II Easement Encroachment Agreement Page 7 of 14
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EXECUTED to be effective on the date signed by the City's Director of
Development Services Department
City:
CITY OF FORT WORTH
nA&Vwl tlISPI-eCG
By: Dalton Harrell (Mar 13,2025 04:28 CDT)
D. J. Harrell
Director, Development Services Department
Date: Mar 13, 2025
ATTEST:
Jannette Goodall,
City Secretary
Approved As To Form and Legality
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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
Rebecca Diane Owen (Feb 27, 2025 16:57 CST)
Rebecca Owen
Development Services Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Tier II Easement Encroachment Agreement Page 8 of 14
Updated 2024
Licensee:
Plaza Street Fund 329, LLC
a Kansas limited liability company
By: Plaza Street Partners, LLC
a Kansas limited liability company
its governing Person
By: Bret Elliott
its governing Person
By: 1:5 114, i��
Name: Bret Elliott
Title: President
Date:
Tier II Easement Encroachment Agreement Page 9 of 14
Updated 2024
STATE OF k a h b 4 S §
COUNTY OF §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
on this day personally appeared j3re4-,4, EJliC+* ,
li e s 1 d-P k f (Title) 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
P142a Wt4f N" Wl, an (entity type), and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this OL� day of
F-�,bru,A11,c,,l/ , 2024.
KRISTIN Y. HERNANDEZ
iJ N
otary Public - State fns
Notary Public in and for the pointment Expires 7State ofi1sa
Tier II Easement Encroachment Agreement Page t 0 of 14
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1f 11: I I.`l J_lli:l OL�1:��1 II 11'l�1 � O1�1.�1 Il�'L�1.�111: l�1 � � l�l Duly D1�1►1 A'��
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared D. J. Harrell, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein expressed, as the act and
deed of the City of Fort Worth, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 13th day of
March , 2025.
Almdy�(61ee _ . . . . . . . . . . .
Y P6 WENDY L BEARDSLEE
Notary Public in and for the State of Texas Notary Public
< ,r STATE OF TEXAS
"� hQ Notary I.D. 13323719-3
9�OF My Comm. Exp. July 28, 2025
Tier II Easement Encroachment Agreement Page 11 of 14
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EXHIBIT A
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement Page 12 of 14
Updated 2024
VICINITY MAP
N.T.S.
TEXAS REGISTRATION #14199
ENGINEERING
1903 CENTRAL DRIVE, SUITE #406 EXHIBIT 1 POPEYE S BEACH
BEDFORD, TX 76021 1050 N. BEACH STREET -�� ��� ,�.: S
PHONE:817.281.0572 VICINITY MAP
WWFORT WORTH, TEXAS 761u ���� 1,�o1�02
W .CLAYMOOREENG.COM
EASEMENT ENCROACHMENT #1
L.G. Tinsley Survey, Abstract No. 1523
City of Fort Worth, Tarrant County, Texas
LEGAL DESCRIPTION
Being a 0.030 acre tract of land out of the L.G. Tinsley
Survey, Abstract No. 1523, situated in the City of Fort
Worth, Tarrant County, Texas, being a portion of Lot 1-B,
Block 1 of Green Acres Addition, a subdivision of record
in Volume 388-182, Page 90 of the Plat Records of
Tarrant County, Texas, also being a portion of that
certain 100 foot wide Drainage Easement of record in
said Green Acres Addition and being more particularly
described by metes and bounds as follows:
COMMENCING at a 5/8 inch iron rod found in the
Northeast right-of-way line of North Beach Street
(right-of-way varies), being the South corner of Lot 1 R,
Block 1 of Green Acres Addition, a subdivision of record
in Document Number D206330051 of said Plat Records,
also being the West corner of said Lot 1-13;
THENCE, N54039'30"E, leaving the Northeast
right-of-way line of North Beach Street, along the
Southeast line of said Lot 1 R, being the common
Northwest line of said Lot 1-B, a distance of 62.28 feet to
the POINT OF BEGINNING and most Westerly
Northwest corner hereof,
THENCE, N54039'30"E, continuing along the Southeast
line of said Lot 1 R and the common Northwest line of
said Lot 1-B, a distance of 20.05 feet to a point from
which a 1/2 inch iron rod with yellow plastic cap stamped
"RPLS 6084" found at the North corner of said Lot 1-B
bears N54°39'30"E, a distance of 137.67 feet;
THENCE, S80020'30"E, leaving the Southeast line of
said Lot 1 R, over and across said Lot 1-B and said 100
foot wide Drainage Easement, a distance of 24.99 feet to
a point in the Northeast line of said 100 foot wide
Drainage Easement, for the most Easterly Northeast
corner hereof;
PAGE 1 OF 2
EAGLE
SURVEYING
EAGLE SURVEYING, LLC
222 S. ELM STREET
SUITE: 200
DENTON, TX 76201
(940) 222-3009
TX FIRM # 10194177
JOB NUMBER DRAWN BY DATE
2207.056-04 PM 01-08-2025
THENCE, S35°20'30"E, along the Northeast line of said
100 foot wide Drainage Easement, continuing over and
across said Lot 1-R, a distance of 41.43 feet to the
Southeast corner hereof;
THENCE, leaving the Northeast line of said 100 foot
wide Drainage Easement, continuing over and across
said Lot 1-R and said 100 foot wide Drainage Easement,
the following eleven (11) courses and distances:
1. S54039'54"W, a distance of 7.77 feet to a point;
2. N80020'30"W, a distance of 4.53 feet to a point;
3. N35°20'30"W, a distance of 5.31 feet to a point;
4. S54032'21"W, a distance of 6.98 feet to a point;
5. N35°27'39"W, a distance of 6.00 feet to a point;
6. N54°32'21"E, a distance of 6.99 feet to a point;
7. N35020'30"W, a distance of 16.67 feet to a point;
8. N80°20'30"W, a distance of 23.44 feet to a point;
9. S02°45'45"W, a distance of 34.49 feet to the
Southwest corner hereof;
10. N35°15'04"W, a distance of 24.36 feet to a point;
11. NO2°45'45"E, a distance of 17.94 feet to the
POINT OF BEGINNING and containing an area of
0.030 acres (1,305 square feet) of land, more or
less.
Bearings are based on GPS observations utilizing the
AIITerra RTK Network, North American Datum of 1983
(Adjustment Realization 2011).
I hereby certify that this survey, plan or report was prepared by
me or under my direct supervision and that I am a Registered
Professional Land Surveyor under the laws of the State of Texas
�POF ))R
ATTEWJA 6402ESsxMathew RaabeSURDate
R.P.L.S. # 6402
EASEMENT ENCROACHMENT #1
L.G. Tinsley Survey, Abstract No. 1523
City of Fort Worth, Tarrant County, Texas
LINE TABLE
LINE
BEARING
DISTANCE
L1
N 54039'30" E
20.05'
L2
S 80°20'30" E
24.99'
L3
S 35020'30" E
41.43'
L4
S 54°39'54" W
7.77'
L5
N 80020'30" W
4.53'
L6
N 35020'30" W
5.31'
L7
S 54°32'21" W
6.98'
L8
N 35°27'39" W
6.00'
L9
N 54032'21" E
6.99'
L10
N 35020'30" W
16.67'
L11
N 80020'30" W
23.44'
L12
S 02045'45" W
34.49'
L13
N 35°15'04" W
24.36'
L14
N 02°45'45" E
17.94'
5/8"I RF
O<1
93
\ SURVEY ,
SLEY
_ABSTRACT NO. 1523 1/2" CIRF
"RPLS 6084"
\
LOT 1 R \ 6C
BLOCK 1
GREEN ACRES ADDITION <G
DOC. NO. D206330051 ^ o;
P.R.T.C.T. / /
L2 \
EASEMENT
ENCROACHMEP
0.030 ACRES (1,305 SQ.FT.)
NOTE: Bearings are based on GPS
observations utilizing the AIITerra RTK
Network, North American Datum of
1983 (Adjustment Realization 2011).
PAGE 2OF2
�\ L11 \
\ \ �p
N \ \
J \ \ �OJ
LOT 2, BLOCK 1
GREEN ACRES
ADDITION
DOC. NO. D221011087
P.R.T.C.T.
�O
\ \ L5
\ L7 \
\
\
\
LOT 1-B \
BLOCK 1
GREEN ACRES ADDITION \
VOL. 388-182, PG. 90 \
P.R.T.C.T.
EAGLE SURVEYING, LLC
222 S. ELM STREET
SUITE: 200
FAGL E D NTON(940) 222 300901
SURVEYING TX FIRM # 10194177
JOB NUMBER DRAWN BY DATE
2207.056-04 PM 01-08-2025
00' DRAINAGE EASEMENTS \ \
VOL. 388-182, PG. 90 \ \
P.R.T.C.T.
\
15' WATER AND UTILITY \
EASEMENT \
VOLUME 8103, PAGE 1812 \
P.R.T.C.T. \
\
\
N LEGEND
O BOUNDARY MONUMENT
IRF IRON ROD FOUND
CIRF CAPPED IRON ROD FOUND
POB POINT OF BEGINNING
POC POINT OF COMMENCEMENT
VOL. VOLUME
PG. PAGE
DOC.NO. DOCUMENT NUMBER
111 = 2O, P.R.T.C.T. PLAT RECORDS,
TARRANT COUNTY, TEXAS
0 10 20
EASEMENT ENCROACHMENT #2
L.G. Tinsley Survey, Abstract No. 1523
City of Fort Worth, Tarrant County, Texas
LEGAL DESCRIPTION
Being a 0.027 acre tract of land out of the L.G. Tinsley Survey, Abstract No. 1523, situated in the City of Fort Worth,
Tarrant County, Texas, being a portion of Lot 1-B, Block 1 of Green Acres Addition, a subdivision of record in Volume
388-182, Page 90 of the Plat Records of Tarrant County, Texas, also being a portion of that certain 100 foot wide Drainage
Easement of record in said Green Acres Addition and being more particularly described by metes and bounds as follows:
COMMENCING at a 5/8 inch iron rod found in the Northeast right-of-way line of North Beach Street (right-of-way varies),
being the South corner of Lot 1 R, Block 1 of Green Acres Addition, Lot 1 R, Block 1, a subdivision of record in Document
Number D206330051 of said Plat Records, also being the West corner of said Lot 1-13;
THENCE, S88042'42"E, leaving the Northeast right-of-way line of said North Beach Street, over and across said Lot 1-B
and said 100' Drainage Easement, a distance of 99.05 feet to the POINT OF BEGINNING for the Northwest corner hereof;
THENCE, N54°39'54"E, continuing over and across said Lot 1-B, a distance of 20.51 feet to a point in the Northeast line of
said 100 foot wide Drainage Easement for the Northeast corner hereof;
THENCE, S35°20'30"E, along the Northeast line of said 100 foot wide Drainage Easement, continuing over and across
said Lot 1-B, a distance of 61.58 feet to a point for the Southeast corner hereof;
THENCE, leaving the Northeast line of said 100 foot wide Drainage Easement, continuing over and across said Lot 1-B,
the following ten (10) courses and distances:
1. S54°42'15"W, a distance of 19.39 feet to a point;
2. N35°17'45"W, a distance of 4.67 feet to a point;
3. S54°16'24"W, a distance of 22.73 feet to a point for the Southwest corner hereof, from which a 5/8 inch iron rod found
in the Northeast right-of-way line of said North Beach Street, being the West corner of Lot 1-A, Block 1 of said Green
Acres Addition, also being the South corner of said Lot 1-B, bears S06051'06"W, a distance of 86.18 feet;
4. N35°43'36"W, a distance of 6.00 feet to a point;
5. N54°16'24"E, a distance of 20.43 feet to a point;
6. N35°43'36"W, a distance of 16.16 feet to a point;
7. N54°42'15"E, a distance of 9.60 feet to a point;
8. N35°18'32"W, a distance of 28.76 feet to a point;
9. S54°39'54"W, a distance of 8.28 feet to a point;
10. N35°27'39"W, a distance of 6.00 feet to the POINT OF BEGINNING and containing an area of 0.027 acres (1,170
square feet) of land, more or less.
Bearings are based on GPS observations utilizing the AIITerra RTK Network, North American Datum of 1983 (Adjustment
Realization 2011).
PAGE 1 OF 2
EAGLE
SURVEYING
EAGLE SURVEYING, LLC
222 S. ELM STREET
SUITE: 200
DENTON, TX 76201
(940) 222-3009
TX FIRM # 10194177
JOB NUMBER DRAWN BY DATE
2207.056-05 PM 01-08-2025
I hereby certify that this survey, plan or report was prepared by
me or under my direct supervision and that I am a Registered
Professional Land Surveyor under the laws of the State of Texas
ON fol�
Mathew Raabe
R.P.L.S. # 6402
O F �STET+9
MATTHEW JASON RAABE
,< A 6402 •�
„SURv Date
EASEMENT ENCROACHMENT #2
L.G. Tinsley Survey, Abstract No. 1523
City of Fort Worth, Tarrant County, Texas
\ \ I LINE TABLE
\ \ I LINE BEARING DISTANCEI
\\ \\ I L1 N 54°39'54" E 20.51'I
LOT 1R \ \ SLEY SURVEY I L2 S 54042'15" W 19.39'I
GREEN ABLOCK 1 CRES ADDITION\ \\ 1-'ABSTRACT NO.1523 I L3 N 35°17'45" W 4.67' I
DOC. NO. D206330051 \ \ I L4 S 54°16'24" W 22.73'I
P.R.T.C.T. \ \ \ I L5 N 35043'36" W 6.00-I
\ \ \ I L6 N 54016'24" E 20.43'I
\ \ \ I L7 N 35043'36" W 16.16' I
POIC \\ POB \\ I L8 N 54-42-15" E 9.60'I
5/8"IRF \ I L9 N 35018'32" W 28.76'I
s 88 42'42' E o' \ I L10 S 54-39-54" W 8.28-I
� L11 N 35°27'39" W 6.00' I
01
\ \ � 11 LOT 1-B
\ `1 BLOCK 1
\ \ 61 GREEN ACRES ADDITION
EASEMENT \ ,, VOL. 388-182, PG. 90
ENCROACHMENT #2 �cb\ d% P.R.T.C.T.
0.027 ACRES (1,170 SQ.FT.)
�O 15' WATER AND UTILITY \ \
EASEMENT
VOLUME 8103, PAGE 1812
P.R.T.C.T. \ \ \
\
Dc \
100' DRAINAGE EASEMENT \
VOL. 388-182, PG. 90
P.R.T.C.T. \
o co \ \
CD
C°I \ \
\ \
LOT 1-A \ \
BLOCK 1 \ NOTE: Bearings are based on
5/8"IRF GREEN ACRES ADDITION \ GPS observations utilizing the
VOL. 388-182, PG. 89 \ AIITerra RTK Network, North
P.R.T.C.T. American Datum of 1983
(Adjustment Realization 2011).
PAGE 2OF2
EAGLE SURVEYING, LLC N LEGEND
222 S. ELM STREET O BOUNDARY MONUMENT
SUITE: 200 IRF IRON ROD FOUND
POB POINT OF BEGINNING
EAGLEDE(9N4T0O)N2, 2- 76201 PPOC POINT OF COMMENCEMENT
22-3009 VOL. VOLUME
PG. PAGE
DOC.NO. DOCUMENT NUMBER
SURVEYING TX FIRM # 10194177 P.R.T.C.T. PLAT RECORDS,
JOB NUMBER DRAWN BY DATE
ill — 20, TARRANT COUNTY, TEXAS
2207.056-05 PM 01-08-2025 0 10 20
EASEMENT ENCROACHMENT #3
L.G. Tinsley Survey, Abstract No. 1523
City of Fort Worth, Tarrant County, Texas
LEGAL DESCRIPITION
Being a 0.008 acre tract of land out of the L.G. Tinsley Survey, Abstract No. 1523, situated in the City
of Fort Worth, Tarrant County, Texas, being a portion of Lot 1-B, Block 1 of Green Acres Addition, a
subdivision of record in Volume 388-182, Page 90 of the Plat Records of Tarrant County, Texas, also
being a portion of that certain 100 foot wide Drainage Easement of record in said Green Acres
Addition and being more particularly described by metes and bounds as follows:
COMMENCING at a 5/8 inch iron rod found in the Northeast right-of-way line of North Beach Street
(right-of-way varies), being the South corner of Lot 1 R, Block 1 of Green Acres Addition, Lot 1 R,
Block 1, a subdivision of record in Document Number D206330051 of said Plat Records, also being
the West corner of said Lot 1-B;
THENCE, S47°00'37"E, leaving the Northeast right-of-way line of said North Beach Street, over and
across said Lot 1-B and said 100 foot wide Drainage Easement, a distance of 113.63 feet to the
POINT OF BEGINNING, for the West corner hereof;
THENCE, continuing over and across said Lot 1-B and said 100 foot wide Drainage Easement, the
following six (6) courses and distances:
1. N54°41'24"E, a distance of 10.00 feet to a point for the North corner hereof;
2. S35°18'36"E, a distance of 17.48 feet to a point;
3. S80°20'30"E, a distance of 13.94 feet to a point for the Northeast corner hereof;
4. S09°39'30"W, a distance of 10.00 feet to a point for the Southeast corner hereof, from which a
5/8 inch iron rod found in the Northeast right-of-way line of said North Beach Street, being the
West corner of Lot 1-A, Block 1 of said Green Acres Addition, also being the South corner of said
Lot 1-B, bears S01°05'31"W, a distance of40.41 feet;
5. N80o2O'30"W, a distance of 18.08 feet to a point;
6. N35°18'36"W, a distance of 21.63 feet to the POINT OF BEGINNING and containing an area of
0.008 acres (356 square feet) of land, more or less.
Bearings are based on GPS observations utilizing the AIITerra RTK Network, North American Datum
of 1983 (Adjustment Realization 2011).
PAGE 1 OF 2
EAGLE
SURVEYING
EAGLE SURVEYING, LLC
222 S. ELM STREET
SUITE: 200
DENTON, TX 76201
(940) 222-3009
TX FIRM # 10194177
JOB NUMBER DRAWN BY DATE
2207.056-06 PM 01-08-2025
I hereby certify that this survey, plan or report was prepared by
me or under my direct supervision and that I am a Registered
Professional Land Surveyor under the laws of the State of Texas
ON fol�
Mathew Raabe
R.P.L.S. # 6402
PtI* O F T +9
'�.• .cn
MATTHEW JASON RAABE
,< A 6402 •�
„SURv Date
LOT1R
BLOCK 1
GREEN ACRES ADDITION
DOC. NO. D206330051
P.R.T.C.T. i
5/8"IRF
EASEMENT ENCROACHMENT #3
L.G. Tinsley Survey, Abstract No. 1523
City of Fort Worth, Tarrant County, Texas
L.G. S RAC No. 1523
A \ \
15' WATER AND UTILITY \ \ \
EASEMENT \ \ \
VOLUME 8103, PAGE 1812 \ \ \
P.R.T.C.T. \
��
LINE TABLE
LINE
BEARING
DISTANCE
L1
N 54041'24" E
10.00,
L2
S 35018'36" E
17.48'
L3
S 80020'30" E
13.94'
L4
S 09°39'30" W
10.00,
L5
N 80°20'30" W
18.08'
L6
N 35'18'36" W
21.63'
PAGE 2OF2
EAGLE SURVEYING, LLC
222 S. ELM STREET
SUITE: 200
FAGL E D NTON(940) 222 300901
SURVEYING TX FIRM # 10194177
JOB NUMBER DRAWN BY DATE
2207.056-06 PM 01-08-2025
\
00' DRAINAGE EASEMENT \ \ \
VOL. 388-182, PG. 90 \ \ \
P.R.T.C.T. \ \ \
EASEMENT \ \
ENCROACHMENT #3 \ \
0.008 ACRES (356 SQ.FT.) \ \
LOT 1-B \\ `
BLOCK 1
L3 GREEN ACRES ADDITION \
VOL. 388-182, PG. 90 \
P.R.T.C.T.
J
L5 /
/
/
LOT 1-A
/ BLOCK 1
/ / GREEN ACRES ADDITION
/ VOL. 388-182, PG. 89
5/8"IRF / P.R.T.C.T.
NOTE: Bearings are based on
GPS observations utilizing the
AIITerra RTK Network, North
American Datum of 1983
(Adjustment Realization 2011).
N LEGEND
O BOUNDARY MONUMENT
IRF IRON ROD FOUND
POB POINT OF BEGINNING
POC POINT OF COMMENCEMENT
VOL. VOLUME
PG. PAGE
DOC.NO. DOCUMENT NUMBER
P.R.T.C.T. PLAT RECORDS,
ill = 20' TARRANT COUNTY, TEXAS
0 10 20
EX. 8" WATER LINE (PUBLIC)
. GAS LINE �'\ ` JC\ 40
s
10" PVC ROOF DRAIN
(PRIVATE) I
\
ENCROACHMENT #1 )ZZ, 0
h
18" RCP DRAINAGE
PIPE (PRIVATE)
\.O �OG�
\0
S62- \ \ j PROP. RETAINING WALL \
CONNECTION TO EX. A \ O I \\
PUBLIC RBC \ ,
—33
� s \
551--.,
GRAPHIC SCALE ='E of
........
TEXAS REGISTRATION #14199
t CLAY CRISTY
1 inch = 20 ft. if
r1f 109800 -' 0
ENGINEERING o�,41� "o.•.��,;
POPEYE'S BEACH ' •••�����
1903 CENTRAL DRIVE, SUITE #406 EXHIBIT 3 �C� �/� r
`
BEDFORD, TX 76021 1050 N. BEACH STREET -�� a;� •yam
PHONE: 817.281.0572 ENCROACHMENT #1 FORT WORTH, TEXAS 76111
W W W.CLAYMOOREENG.COM
\\
EX. 8" WATER LINE (PUBLIC)
\ EX. GAS LINE
EX. 3-8'x8' RBC 10
(PUBLIC)lp
•d.J � Cj��•(
vo
PROP. STAIR
/ \ ENCROACHMENT #2 \ s�,rr ��°G c
PROP. RETAINING WALL (TYP) \
PROP.�\PS S
PROP. RETAINING WALL (TYP)
\ S \ PROP. 2" WATER LINE \ 551
�\ — 2� may° ` \ 19
s % \ \ ✓l� \ \�
6F�� �50
GRAPHIC SCALE
20 0 10 20 40 �Q ••• ••:;45 Ilk
TEXAS REGISTRATION #14199 1 1 1 1 * •• ••
8
••w•••••••u•••••• ••...... •w
= 20 ft..................................CLAY CRISTY
1 inch
�f
109800
ENGINEERING ���'o.� ,41 _ �o.•��`�,;
1903 CENTRAL DRIVE, SUITE #406 EXHIBIT 4 POPEYE'S BEACH ' ���;' ��" +�.� ••••����i
BEDFORD, TX 76021 1050 N. BEACH STREET te`! •ate•
PHONE: 817.281.0572 ENCROACHMENT #2 FORT WORTH, TEXAS 76111 '�j12�ZS
WWW.CLAYMOOREENG.COM 2
EX. 8" WATER LINE (PUBLIC) \ \
EX. GAS LINE \\ `
EX. 3-8'x8' RBC \ G
(PUBLIC)
0
\\ \ \ 4 sus\ \ \
551--�,
ENCROACHMENT #3ON
\
CONNECTION TO PUBLIC RBC
18" RCP DRAINAGE PIPE \ ��
'lk� (PRIVATE)
\` si
GRAPHIC SCALE of �
F
.......•
20 0 10 20 40 10C' ..-*•' ••:�,qS
TEXAS REGISTRATION #14199 1 1 1 1 * •••
1 inch = 20 ft. CLAY CRISTY
r...;.......109800 •••••.;•••�
ENGINEERING l�t-1,o.,4� o.•'��;do
1903 CENTRAL DRIVE, SUITE #406 EXHIBIT 5 POPEYE'S BEACH l+t� ` �� `, +•'� •••'����i
�rA
BEDFORD, TX 76021 1050 N. BEACH STREET ��� L
PHONE: 817.281.0572 ENCROACHMENT #3 FORT WORTH, TEXAS 76111 1 ��p 120
W W W.CLAYMOOREENG.COM
PROP. PAVEMENT
0
+ 18" RCP
TEXAS REGISTRATION #14199
ENGINEERING
1903 CENTRAL DRIVE, SUITE #406
BEDFORD, TX 76021
PHONE: 817.281.0572
W W W.CLAYMOOREEN G.COM
100' EX. DRAINAGE EASEMENT
EXISTING RBC
I
LOW RETAINING WALL
CURB INLET
10" ROODF DRAIN
r 1 0
�
_15' EX. WATER & UTILITY E+T.
I
EXISTING WATER LINE
EXISTING GASLINE
PROFILE
FOR ENCROACHMENT #1
N.T.S.
EXHIBIT 6
PROFILE FOR
ENCROACHMENT #1
POPEYE'S BEACH
1050 N. BEACH STREET
FORT WORTH, TEXAS 76111
(� 1101�o2s
100' EX. DRAINAGE EASEMENT I
I
24' ACCESS LAN E 18' PARKING SIDEWALK _ SIDEWALK/RAMP SIDEWALK
42" HANDRAIL —� I FFE=556.10
STAIR _ 2% MAX.
EXPOSED
GRADE
BEAM
6" CURB RAMP .31= PROP. RETAINING WALL
2% MAX.
EXISTING GRADE LINE f— -- r EXISTING GRADE LINE
PROP. PAVEMENT I +I
_ 17.40'
--- EXISTING RBC
TEXAS REGISTRATION #14199
ENGINEERING
1903 CENTRAL DRIVE, SUITE #406
BEDFORD, TX 76021
PHONE: 817.281.0572
W W W.CLAYMOOREEN G.COM
I o I
15' EX. WATER & UTILITY ESVT.
I I
EXISTING WATER LINE
EXISTING GASLINE
PROFILE
FOR ENCROACHMENT #2
N.T.S.
EXHIBIT 7
PROFILE FOR
ENCROACHMENT #2
POPEYE'S BEACH
1050 N. BEACH STREET
FORT WORTH, TEXAS 76111
I
I
EX. SIDEWAL
5% MAX.
PROPERTY LINE
25.68'
32'
100' EX. DRAINAGE EASEMENT
24' ACCESS LANE
6" CURB
PROP.PAVEMENT
TOP OF PAVEMENT
0
cyi
BC
PRO
ENCROACHING 100' EX. DRAINAGE ESMT.
EX. RBC —/
PROFILE
FOR ENCROACHMENT #3
TEXAS REGISTRATION #14199
N.T.S.
mmi
ENGINEERING
EXHIBIT 8 POPEYE'S BEACH
1903 CENTRAL DRIVE, SUITE #406
BEDFORD, TX 76021
PROFILE FOR 1050 N. BEACH STREET
PHONE: 817.281.0572
ENCROACHMENT #3 FORT WORTH, TEXAS 76111
W W W.CLAYMOOREEN G.COM
EXHIBIT B
Franchise Utility Letters
Tier II Easement Encroachment Agreement Page 13 of 14
Updated 2024
.�TMOS
energy
January 13, 2025
Deng Torres
Clay Moore Engineering
1903 Central Drive, Ste 406
Bedford, Texas 76021
Re: Encroachment into Utility Easement-Popeyes-Lotl-B, Block 1 Green
Acres Addition
Paul Brown
Upon your request I have reviewed the location of the gas facilities near
your project site. Atmos does not object to the encroachment located at the
property listed above. Verification of the gas line can be obtained through
811 Call Before You Dig. Any damages to Atmos facilities due to such
encroachment will be billed to the party causing the damage.
If you have any questions, please contact me at 214-549-7144.
Sincerely,
i'
Bobb, Oney
Project Manager
Almos Energy Corporation
100 West Morningside
Tort Worth, Texas 76110
AT&T
AT&T Right -of -Way
1116 Houston St, Rm. 1412
Fort Worth, TX 76102
January 17, 2025
Deng Torres, EIT
Clay Moore Engineering
1903 Central Drive, Suite 406
Bedford, TX 76021
RE: AT&T Letter of No Objection — Construction of Popeye's Restaurant
Green Acres Addition — Lot 1B, Block 1 — DIS5006133
Fort Worth, Tarrant County, Texas
Deng,
Southwestern Bell Telephone Company, d/b/a AT&T Texas, has no objections to the construction
of the new Popeye's on the property referenced above at 1050 N Beach St.
It is not the intent of this letter to waive any rights granted to AT&T in said platted utility
easements or right-of-way except to permit this encroachment. AT&T shall continue to have
unrestricted access to, on and across the easement/right-of-way for installation, repairs,
replacement, or upgrades to facilities.
There could be overhead and/or underground facilities within the area. Exercise extreme caution
with respect to such facilities. Contact TexasS11 for underground locates before any digging is
done. Costs of any damages to facilities would be at your expense.
Please let me know if you have any questions or concerns.
Sincerely,
4 A
Ray A. Garcia
AT&T — Sr. Specialist OSP Design Engineer I Right -of -Way
817-550-7576
ray.garcia @att.com
ONCYR
February 141" 2025
ONCOR Electric Delivery LLC
777 Main St. Suite 707
Fort Worth, TX 76102
817-215-5301
Ally Betancur
Right of Way Analyst
Customer / Contractor Name: ARC CAFEHLD001 LLC / Clay Moore Engineering
Street Address: 1050 N Beach Street
City / State / Zip: Fort Worth, Texas 76111, USA
Re: 2025 — 0507 1050 N. Beach Popeyes - 15' Water and Utility Easement Encroachments — Lot 1-
B, Block 1 Green Acres Addition Vol. 388-182, Pg 90 P.R.T.C.T.
To whom it may concern,
In response to an E-mail received from Deng Torres with Clay Moore Engineering Oncor Electric
Delivery has no objections to the proposed encroachments on the 15' Water and Utility Easement,
at the above listed property
The Encroachments being more particularly described by the attached Exhibit(s)
Sincerely,
Ally Betancur
Right of Way Analyst
Spectrum►
February 19, 2025
Deng Torres, EIT
1903 Central Drive
Suite #406
Bedford, Texas 76021
Direct: 817.458.4330
Phone: 817.281.0572
Website: www.clavmooreeng.com
Deng@ClavMooreeng.com
ENGINEERING
SUBJECT: Utility Coordination Letter for 1050 N. Beach Rd, Fort Worth, TX 76111
We have reviewed your request for the above referenced property, and Spectrum Communications
hereby states there are no objections with the proposed construction at 1050 N. Beach Rd, Fort Worth,
TX 76111.
Spectrum Communications retains the right of access to any remaining partial or full utility easements
on the property for the purpose of future construction or maintenance of existing facilities.
If applicable, please contact the Texas Excavation Safety System (Texas811) to have facilities marked &
located within affected easements before any excavations are started.
For future reference, please send all utility coordination, abandonments, encroachments, plat
signatures, or serviceability requests, or notices of relocation to. DL-NTX-External-Requests <DL-NTX-
External-Requests@charter.com share this information with whoever needs these services.
Sincerely,
Sawlerectrum►
John Janusik I Business Development Specialist
1776 N Greenville Ave I Richardson, TX 75081
Email: john.janusik@charter.com
Office: 214.319.4904
Mobile: 214.724.5815
EXHIBIT C
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 14 of 14
Updated 2024