HomeMy WebLinkAboutContract 63356Date Received: 06/05/2025
TimeReceived: 4:50 pm
Record Number: PN24-00198
City Secretary No.: 63356
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
TIER!!
THIS AGREEMENT is made and entered into by and between THE CITY OF
FORT WO RTH, 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 Raising Cane's Restaurants,
L.L.C., a Louisiana limited liability company("Licensee"), acting by and through its duly
authorized representative.
RE CITALS
WHEREAS, Licensee is the owner of the real property located at 2949 E Berry St,
Fort Worth, Texas 76105 ("Property"), being more particularly described as, Lot IR,
Block 2, of Burch-Hill Addition, an addition to the City of Fort Worth, Tarrant County,
Texas, as recorded in Deed Records, by Instrument Number D220251269; and
WHEREAS, the City owns sanitary sewer easements and a public access easement
the "Public Property") adjacent to the Property, dedicated by plat, depicted on the final
plat of the property (FS-20-048), which plat is recorded in the plat records of Tarrant
County as Instrument D220219102; 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 a fence (the "E ncroachment"). Upon completion of the Encroachment,
Licensee agrees to be responsible for maintaining the Encroachment within the Public
Tier II Easement Encroachment Agreement
Page 1 of 11
Revised 12/2022
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 Properiy, Licensee shall pay to City an
additional amount equal to such additional cost as determined by the Director of
Transportation and Public Works, the Director of the Water Department, the Director of
the Development Services Department, or their duly authorized representative.
4.
Licensee agrees that City may enter and utilize the Public Property at any time for
any public purpose, including installing, repairing, replacing, or maintaining improvements
to its public facilities or utilities necessary for the health, safety, and welfare of the public.
The City shall have no responsibility or liability for any damages related to the
Encroachment resulting from the City's use of the Public Property; however, the City shall
make reasonable efforts to minimize such damage.
5.
Upon termination of this Agreement, Licensee shall, at the option of and at no
expense to the City, remove the Encroachment and restore the Public Properiy to a
condition acceptable to the Director of Transportation and Public Works, the Director of
the Water Deparhnent, 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
Tier II Easement Encroachment Agreement
Page 2 of 11
Revised 12/2022
restore the Public Property, Licensee hereby gives City permission to remove the
Encroachment and any supporting structures from the Public Property, to restore the Public
Property, and to assess a lien on the Property for the costs expended by the City in taking
such actions.
6.
In order to defray all costs of inspection and supervision which the City has incurred
or will incur as a result of the construction, maintenance, inspection or management of the
Encroachment and use of Public Property as provided for by this Agreement, Licensee
agrees to pay to City at the time this Agreement is requested an application fee in the sum
of 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 Legisl.ature; and that City cannot contract
away its duty and its legislative power to control the Public Property for the use and benefit
of the public. It is accordingly agreed that if the governing body of City may at any time
during the term hereof determine in its sole discretion to use or cause or permit the Public
Property to be used for any other public purpose, including but not being limited to
underground, surface, or overhead communication, drainage, sanitary sewerage,
transmission of natural gas or electricity, or any other public purpose, whether presently
contemplated or not, that the parties agree to negotiate in good faith in order to
accommodate both the Encroachment and the public purpose.
9.
LICENSEE COVENANTS AND AGREES TO INDEMPTIFY, AND DOES HEREBY
INDEMNIFY, HOLD HARMi.ESS, 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
Tier II Easement Encroachment Agreement
Page 3 of 11
Revised 12/2022
PERSONS, OF WHATSOEVER HIND OR CHARACTER, WHETHER REAL OR
ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR
INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE,
EXISTENCE, OR LOCATION OF THE ENCROACHMENT AND USES
GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN
PART, BY THE ALLEGED NEGLIGENCE OF OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND
LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR
SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL
LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY
AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR
IN CONNECTION WITH THE ENCROACHMENTS AND ANY AND ALL ACTS
OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR
INVITEES.
10.
While this Agreement is in effect, Licensee agrees to furnish City with a Certificate
of Insurance naming City as certificate holder as proof that is has secured and paid for a
policy of public liability insurance covering all public risks related to the proposed use and
occupancy of public property as located and described in Exhibit "A." The amounts of
such insurance shall be not less than
$1,000,000
with the understanding and agreement by Licensee that such insurance amounts may be
revised upward at City's option and that Licensee shall so revise such amounts immediately
following notice to Licensee of such requirement. Such insurance policy shall not be
canceled or amended without at least thirty (30) days prior written notice to the Building
Official of the City. A copy of such Certificate of Insurance is attached as Exhibit "B"
and incorporated herein for all purposes. Licensee agrees, binds, and obligates itself and
its successors and assigns to maintain and keep in force such public liability insurance at
all times during the term of this Agreement and until the removal of the Encroachment and
restoration of the Public Property. All insurance coverage required herein shall include
coverage of all Licensee's contractors and subcontractors.
11.
Licensee agrees to deposit with the City when this Agreement is executed a
sufficient sum of money to be used to pay necessary fees to record this Agreement in the
real property records of the county in which the Encroachment is located. After being
recorded, the original shall be returned to the City Secretary of the City of Fort Worth.
Tier II Easement Encroachment Agreement
Page 4 of 11
Revised 12/2022
12.
Licensee agrees to comply fully with all applicable federal, state, and local laws,
statutes, ordinances, codes, and regulations in connection with the construction, operation,
and maintenance of the Encroachment and use of the Public Property.
13.
Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for
by this Agreement or by any federal, state, or local statute, law, or regulation.
14.
Licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as an officer, agent,
servant, or employee of City, and Licensee shall have exclusive control of and the exclusive
right to control the details of its operations, and all persons performing same, and shall be
solely responsible for the acts and omissions of its officers, agents, servants, employees,
contractors, subcontractors, licensees, and invitees. The doctrine of respondeat superior
shall not apply as between City and Licensee, its officers, agents, servants, employees,
contractors, and subcontractors, and nothing herein shall be construed as creating a
partnership or joint enterprise between City and Licensee.
15.
Licensee agrees and acknowledges that this Agreement is solely for the purpose of
permitting Licensee to construct, maintain, and locate the Encroachment over or within the
Public Property and is not a conveyance of any right, title, or interest in or to the Public
Property, nor is it meant to convey any right to use or occupy property in which a third-
party may have an interest. Licensee agrees that it will obtain all necessary permissions
before occupying such properly.
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
Tier II Easement Encroachment Agreement
Page 5 of 11
Revised 12/2022
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.
This Agreement shall be binding upon the parties hereto and their successors and
assigns.
22.
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
By: Dalton Harr:U:<,Jun 3, 202515:34 CDT)
D.J. Harrell
Director, Development Services Department
Date: ------------
ATTEST:
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.
Kandice Merrick
Development Services Manager
Tier II Easement Encroachment Agreement
Page 7 of 11
Revised 12/2022
Licensee:
Raising Cane's Restaurants, L.L.C.
a Louisiana liability company
By:
Name: Dale Goss
Title: Senior Vice President of Real Estate
Date: S/a8' !�5
STATE OF Te�Ws
COUNTY OF Cipllin
ry
��
��
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
'�('�y,�s , on this day personally appeared Dale Goss, senior vice president of real
estate (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 Raising Cane's Restaurants,
L.L.C., a Louisiana limited liability company (entity type), and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this �� day of
N�,,� , Zo2s.
�
N ry Public in :� the
State of 5 / 5
Tier II Easement Encroachment Agreement
t�" "� JENNIFER HICKS
° � ' ,� Notsry ID # 28856fi
.__ My
,E . . �;�` �xpites February 13, 2029
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Page 8 of 11
Revised 12/2022
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 LTNDER MY HAND AND SEAL OF OFFICE this 3rd day of
June , 2ozs.
s���
Notary Public in and for the State of Texas
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Tier II Easement Encroachment Agreement
Page 9 of 11
Revised 12/2022
EXHIBIT A
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement
Page 10 of 11
Revised 12/2022
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LEGEND:
GIRS = Capped Iron Rod Sel
CIRF = Capped Imn Rod Found
IRF = Iron Rod Fountl
NAD = Norlh Amencan Dalum
NC = Norlh Cenlral
POB = Polnl of Beglnning
POT = Poinl of Terminalbn
SPC = Slate Plane Cao�dinafes
SSMH =5anilary5ewerManhole .� �
TXNC =Texas Norlh Cenlydl Zone
ELL COR: Lot 1 R
1/2" CIRS (GSW)
Lot 17, Block 2 SPC-NAD1983
BURCH-HILL ADDITION TEXAS NC ZONE
Vol. 204-A, Pg. 144 N: 6,944,799.3326'
PRTCT E:2,342,935.0348'
m
I I
15' Utility Easement 1 � N 14°10'35" E
and I ` 15.49'
Access Easement
Doc.#220219102 � �
OPRTCT f I
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Doc.#220219102
OPRTCT
� POT-Encroach #1
� SPC-NAD19S3
TEXAS NC ZONE
� N:6,944,784.3161'
� E:2,342,931.2416'
I
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Fq �o �p� �@r
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1
POB-Encroach #3
SPC-NAD1983
TEXAS NC ZONE
N: 6,944,799.3437'
E: 2,342,936.9D25'
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GENERALNOTES
1 Unless otherxise shown hereon, beanngs, tlislances, an0 coobinates
shovm he2on are re'e2nced to Ihe Texas Coordlnate Syslem of 19B3,
Cenlrel Zone, and are based on Ihe Norlh Amencen Dalum of 1983.
2 The dlslances shown �ereon are suAace dlslances The comhlned
surfacelogridfaqoris099998986 Theangleofconvergenceis
00°39'50 7'.
EXHIBIT
Encroachment Area #1
across a
15' Sanitary Sewer Easement
situated in
Lot 1 R, Block 2
BURCH-HILL ADDITION
CITY OF FORT WORTH
TARRANT COUNTY
TEXAS
ACCORDING THE PLAT THEREOF FILED OF
RECORD AS DOCUMENT #D220219102, OFFICIAL
PUBLIC RECORDS OF TARRANT COUNTY, TEXAS.
y��49ap�EsylGu� w��
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� I hereby affirm that this plat represents a survey made on the Michael Evans
I ground on January 15 2025, and that it substanlially confortns to
the Professlonal and Technical Standards of the agency that Re9istered Professional Land Surveyor
I Llcensed Slate Land Surveyor
governs the protesslor� of land surveying in the S[ate of Texas.
" ;..y <� • = 1305 Brook Arbor Drive
/I ,i._�:_i�:f.-';_a:.--- - Mansfield,Texas76063
W. IYPichaerJFvans (817) 822-3591
Regisfered Professiona/ Land SurveyorNo. 4715 mevans@gswland.com
DATE: 01/15/2025 i I PAGE 1 of2
Encroachment Area #1
FSELD IVOTfS
of the alignment of a fence line
situated in
Lot 1R, Block 2
BURCH-HiLL ADDITION
CITY OF FORT WORTH
TARRANT COUIVTY
TEXAS
Being an alignment crossing a 15' sanitary sewer easement situated in Lot 1R, Block 2, BURCH-HILL
ADDITION, City of Fort Worth, Tarrant County, Texas, according to the plat thereof filed of record as
Document #D220219102, Official Public Records af Tarrant County, Texas, the centerline of which is
described as follows:
BEGINNING at a point in the north line of saict sanitary sewer easement at or near the corner of an
existing 6 foot wooden privacy fence, the state plane coordinate value of said point being Northing:
6,944,799.3437 feet, and Easting: 2,342,936.9025 feet, as correlated to the Texas Coordinate System of
1983, North Central Zone, based upon the North American Datum of 1983 (2011) [Epoch: 2010.0000],
from which a% inch iron rod with a yellow plastic cap marked "GSW Surveyors" set for an ell corner of
said Lot 1R, the state plane coordinate value of said point being Northing: 6,944,799.3326 feet, and
Easting: 2,342,935.0348 feet, as correlated to the Texas Coordinate System of 1983, North Central Zone,
based upon the North American Datum of 1983 (2011) [Epoch: 2010.0000], bears 5 89° 39' 44" W, a
distance of 1.87 feet;
THENCE S 20° 38 ' 29" W, crossing said easement, a distance of 16.06 feet to the POINT OF
TERMINATION, the state plane coordinate value ofsaid point being Northing: 6,944,7843161 feet, and
Easting: 2,342,931.2416 feet, as correlated to the Texas Coordinate System of 1983, North Central Zone,
based upon the North American Datum of 1983 (2011) [Epoch: 2010.0000], said point being in the
south line of said easement, from which said %2 inch capped Iron rod bears N 14° 10' 35" E, a distance of
15.49 feet.
Sheet 2 of 2
Burton Avenue
NWC-Lot 1 R
51B" CIRF (JPBH)
SPC-NAD1983
TEXAS NC ZONE
N: 6,944,939.5448'
E: 2342,934.2082'
POB-Encroach #2
SPC-NAD1983
TEXAS NC ZONE
N: 6,944,934.8598'
E: 2,342, 941,2359'
LOT 17
I N 89°3544" E
i j 15.00' I
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I LOT 18
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' Manhole _
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Concrete Sidewalk
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Iron Fence-�� �
Q LGT.ST➢!
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Paving �
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LOT 19 i
I Lot 1 R, Block 2
BURCH-HILL ADDITION
j Doc#D220219102
! OPRTCT
GENERALNOTES
1. Unless olhernlse shown hereon, headngs, dlslances, and coordlnales
shown hereon are re'erenced to the Te�s CooNlnale Syslem of 1983,
Cenlral Zone. and are based on the Norlh AmeAcen Dalum o11983
1. Tlw eawvvm y+own xrean ere wesnr.ee�lences ine oamel �
smlacelogddfadorls09998B9Bfi. TheanprWmrne.at�^sh
00'39'S0 7'.
LEGEND:
CIRS = Capped Iron Rod Set
CIRF = Capped Iron Rad Found
IRF = Imn Rod Faund
EXH I B IT NCD = North Cenlraj n �atum
EncroachmentArea#2 POB =PaintofBeginning
POT =PoinloFTerminalwn
BC�OSS 8 SPC = Slate Plane CoordinateS
TXNC = Tezas NoAh Central Zone �
15' Sanitary Easement
20' 40' situated in
—� i Lot 1 R, Block 2
BURCH-HILL ADDITION
��/Jif �7CXCf Itl �£ft CITY OF FORT WORTH
I 1 "=20' TARRANT COUNTY
TEXAS
ACCORDING THE PLATTHEREOF FILED OF
RECORD AS DOCUMENT #D220219102, OFFICIAL
PUBLIC RECORDS OF TARR,4NT COUNTY, TEXAS.
� I hereby affirm tha[ this plat represen[s a survey made on the
ground on January 15 2025, and that it substantially conforms to
the Professional and Technical S[andards of [he agency [hat
govems the pro'ess�n� of land surveying in the State of Texas.
. '�.f � . -
.' ' ..,,.•;. ;r�• ,
,.. : ,
W. Mrcnae�Evans
Registered Pro(essiona/ Land Surveyor No 4715
I DATE: 01/15/2025 I
LGT. STD. O �
' POT-Encroac #
SPC-NAD19B3
TEXAS NC ZONE
N:6,944,934.9482'
E: 2,342,956.2340'
4�jF�5517�19L r�
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Michael Evans
Registered Professional Land Surveyor
Llcensed Slate Land Surveyor
1305 Brook Arbor Drive
Mansfield, Texas 76063
(817)822-3591
mevans@gswland.com
PAGE 1 of 2
Encraachment Area #2
FIELD NOTES
of the alignment of a fence line
situated in
Lot 1R, Block 2
BURCH-HILL ADDITION
CITY OF FORT WORTH
TARRANT COUNTY
TEXAS
Being an alignment crossing a 15' sanitary sewer easement situated in Lot 1R, Block 2, BURCH-HILL
ADDITION, City of Fort Worth, Tarrant County, Texas, according to the plat thereof filed of record as
Document #D220219102, Official Public Records of Tarrant County, Texas, the centerline of which is
described as follows:
BEGINNING at a point in the west line of said sanitary sewer easement, the state plane coordinate value
of said point being Northing: 6,944,934.8598 feet, and Easting: 2,342,941.2359 feet, as correlated to the
Texas Coordinate System of 1983, North Central Zone, based upon the North American Datum of 1983
(2011) [Epoch: 2010.0000], from which a 5/8 inch iron rod with a pink plastic cap marked "J P& H"
found, the most northerly northwest corner of said Lot 1R, the state plane coordinate value of said point
being Northing: 6,944,939.5448 feet, and Easting: 2,342,934.2082 feet, as correlated to the Texas
Coordinate System of 1983, North Central Zone, based upon the North American Datum of 1983 (2011)
[Epoch: 2010.0000], bears N 56° 18' 40" W, a distance of 8.45 feet;
THENCE N 89° 39' 44" E, crossing said easement, a distance of 15.00 feet to the POINT OF
TERMINATION, the state plane coordinate value of said point being Northing: 6,944,934.9482 feet, and
Easting: 2,342,956.2340 feet, as correlated to the Texas Coordinate System of 1983, North Central Zone,
based upon the North American Datum of 1983 (2011) [Epoch: 2010.0000], said point being in the east
line of said easement, from which said 5/S inch capped Iron rod bears N 78° 12' 44" W, a distance of
22.50 feet.
Sheet 2 of 2
Centerline of Encroachment #3
LINE BEARING DISTANCE
L1 N 89°39'44" E 19.63'
L2 S 00°20'16" E 19.63'
�A = Right-of-way dedication to the public
Doc #D220219102 (OPRTCT)
Burton Avenue
Storm Sewer
Manhole
- Concrete Sidewalk
�'
L�
•L -0—��.-.� - '
Propp,ed Wraughl Iron Fcncc i
Q 1,G7, STD. O LGT. 5Tp �
i POB-Encroach #3
� SPC-NAD1983
TEXAS NC ZONE
N: 6,944,935.5527'
E: 2,343,058.7670'
i �
i Concrele
i Paving
I
Lot 1 R, Block 2 '
BURCH-HILL ADDITION`
Doc #D220219102 �
OPRTCT '
�
LOT 19
BURCH-HILL ADDITION ;
Vol. 204-A, Pg. 144
PRTCT
�"�
0 20' 40'
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�raplyic �icaCe in �'eet
1 "=20'
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POT-Encroach #3
SPC-NAD1983
TEXAS NC ZONE
N:6,944,916.0375'
E: 2,343,078.5137'
\ �
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, i f
F
LOT 20
BURCH-HILL ADDITION
Vol. 204-A, Pg. 144
PRTCT
NEC-ROW Ded.
X CUT IN CONC.
SPC-NAD1983
TEXAS NC ZONE
N:6,944,940.4279'
E: 2,343,084.0091'
�+
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GENERALNOTES I
1 Unless olherv+lse shovm hemon, heaAngs, tllslances, and coordlnales
shovm hereon are ieferenced to lhe Texas Coordinale Syslem of 1983,
CenVal2one, and are based on the No�lh AmeAcan Dalum of 1983
I
2 thvan:u+crsrmwnheroz+orer��srtsNsfenx� rrmrnrctinca
suAacelogrldlaclorls0.9999B9B6. Theanglealmnvergencels
00°39'S07'.
LEGEND:
CIRS = Capped Iron Rod Sel
CIRF = Capped Iron Rod Found
/� IRF = Iron Rad Found
EXHIBIT ��!'1�� NAD =NorthAmedcanDalum
NC =NotlhCenlral
POB =PainlofBeglnning
Encroachment Area #3 POT =PolntoiTerminalion
SPC = Sta[e Plane Coordinale5
BC�OSS 8 TXNC =Teras North Cenlydl Zone
Drainage & Access Easement
situated in
Lot 1 R, Block 2
BURCH-HILL ADDITION
CIN OF FORT WORTH
TARRANT COUNTY
TEXAS
ACCORDING THE PLAT THEREOF FILED OF
RECORD AS DOCUMENT #D220219102, OFFICIAL
PUBLIC RECORDS OF TARRANT COUNTY, TEXAS.
I hereby affirm tha[ this plat represents a survey made on the
ground on January 15 2025, and that it substantially conforms [o
the Professional and Technical Standards of the agency that
governs the protessin� of land surveying in the S[ate of Texas.
� � _
;'i � . .r���f� �r — -
W. Mi�haerEvaRs
Regisiered Professiona/ Land Surveyor No. 4715
DATE: 01/15/2025 !
4�ptiess�aut �
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n
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, f. a .
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� yg�
�S ravr� gi�e15 �-
Michael Evans
Registered Professional Land Surveyor
Licensed State Land Surveyor
1305 Brook Arbor Drive
Mansfield, Texas 76063
(817)822-3591
mevans@gswland.com
I PAGE 1 of2
Encraachment Area #3
FtELD NOTES
of the alignment o# a fence line
situated in
Lot 1R, Block 2
BURCH-HILL ADDITION
CITY OF FORT WORTH
TARRANT COUNTY
TEXAS
Being an alignment crossing a drainage and access easement situated in Lot 1R, Block 2, BURCH-HILL
ADDITION, City of Fort Worth, Tarrant County, Texas, according to the plat thereof filed of record as
Document #D220219102, Official Public Recards of Tarrant County, Texas, the centerline of which is
described as follows:
BEGINNING at a point in the southwest line of said drainage and access easement, the state plane
coordinate value of said point being Northing: 6,944,935.5527 feet, and Easting: 2,343,058.7670 feet, as
related to the Texas Coordinate System of 1983, North Central Zone, based upon the North American
Datum of 1983 (2011) [Epoch: 2010.0000], from which an X set in concrete, the northeast corner of a
triangular right-of-way dedication to the public as shown on said plat of Lot 1R, Block 2, and being the
northeast corner of Lot 20, Block 2, BURCH — HfLL ADDITIOIV according to the plat filed of record in
Volume 204—A, Page 144, Plat Records of Tarrant County, Texas, the state plane coordinate value of '
said point being Northing: 6,944,940.4279 feet, and Easting: 2,343,084.0091 feet, as correlated to the
Texas Coordinate System of 1983, North Central Zone, based upon the North American Datum of 1983
(2011) [Epoch: 2010.0000], bears N 79 ° 04' 07" E, a distance of 25.71 feet;
THENCE N 89° 39' 44" E, a distance of 19.63 feet to an angle point in the alignment of said fence;
THENCE S 00° 20' 16" E, a distance of 19.63 feet to the POINT OF TERMINATION, the state plane
coordinate value of said point being Northing: 6,944,91b.0375 feet, and Easting: 2,343,078.5137 feet, as
correlated to the Texas Coordinate System of 1983, North Central Zone, based upon the North American
Datum of 1983 (2011) [Epoch: 2010.0000], said point being in the southwest line of said easement,
from which said X in concrete bears N 12° 41' S0" E, a distance of 25.00 feet.
Sheet 2 of 2
LEGEND:
CIRS =CappedlronRodSel
CIRF =CaDDedlronRodFountl
IRF = Iron Rotl Found
NAD = Norlh American Dalum
NC =NorlhCenVal
POB =PolnlofBeglnning
POT =PointofTermina�on
SPC =51a1e Plane CooMinales
SSMH =5anilary5ewerManhde
TXNC = Tezas Norlh Central Zone
Lot 16, Block 2 Lot 17, Block 2
BURCH-HILL ADDITION BURCH-HILL ADDITION
Vol. 204-A, Pg. 144 Vol. 204-A, Pg. 144
PRTCT PRTCT
POB-5/B" CIRF (JPF
S'ly NW Cor. Lot 1R
SPC-NAD1983
TEXAS NC 2QNE
E: 2,342,885.1412'
POT-5/B" IRF
Corner of Lot 1 R
SPC-NAD1983
TEXAS NC ZONE
N: 6,944,784.0427'
E: 2,342,884.8648'
�
d c
U ��
c� a
0 20' 40'
_ �'
�ra�fjir �icale in geet
1 "=20'
�
DATE: 01 /15/2025
Utiliry & Access Ease � I
Doc.#220219102
OPRTCT
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Paving
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F � fips
SU�
Concrele I 1
Paving
�
Pier
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15' Sanitary
� Sewer Ease.
Doc #220219102
OPRTCT
Z
ON
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Paving
GENERALNOTES
1, Unless olheiwise shown hemon, �eanngs, tlislances, entl coo�dinales
shown he2on a2 re`erenced lo Ihe TeYas CooNlnate System oF 1903,
CenlydlZona, and are baseL on lhe Norlh American �aWm o11983.
2 The Clslances shown nereon are surface dlslances The combined
suAace lo grid faclor is U.99988986. The angle of conveyence is
00°39'507'.
EXHIBIT
Encroachment Area #4
along the west line of a
15' Utility & Access Easement
situated in
Lot 1 R, Block 2
BURCH-HILL ADDITION
CITY OF FORT WORTH
TARRANT COUNTY
TEXAS
ACCORDING THE PLAT THEREOF FILED OF
RECORD AS DOCUMENT #D220219102, OFFICIAL
PUBLIC RECORDS OF TARR4NT COUNTY, TEXAS.
I hereby affirm [hat this plat represents a survey made on the
ground on January 15 2025, and [hat it subs[antially conforms to
the Professional and Technical Standards of the agency that
governs the prpf�SSiQ� of land surveying In the State of Texas.
��' � js -
ff�
rf:,._�.f,r;:s'.�_..._ .
W. lVlichaeTE�ans
Registered Professiona/ Land Surveyor No 4795
I I�
�
� �
4aotess �auz � o
ti�� ��
= �i► '� �
� o
�
. r- a .
� , � ��,+
�SA7rT =1uL59�
Michael Evans
Registered ProFessional Land Surveyor
Llcensed State Land Surveyor
1305 Brook Arbor Drive
Mansfield, Texas 76063
(817) 822-3591
mevans@gswland.com
PAGE 1 of 2
Encraachmen# Area #4
FIELD NOTES
of the alignment af a fence line
situated in
Lot 1R, Block 2
BURCH-HILL ADDITION
CITY OF FORT WORTH
TARRANT COUNN
TEXAS
Being an alignment running along the west line a 15 foot utility and access easement situated in Lot 1R,
Block 2, BURCH-HILL ADDITION, City of Fort Worth, Tarrant County, Texas, according to the plat thereof
filed of record as Document #D220219102, Official Public Records of Tarrant County, Texas, the
centerline of which is described as follows:
BEGINNING at a 5/8 inch iron rod with a pink plastic cap marked "J P& H" found in the west line of said
drainage and access easement, and being the most southerly northwest corner of said Lot iR, and being
the southwest corner of Lot 17, Block 2, BURCH — HILL ADDITION, according to the plat filed of record in
Volume 204—A, Page 144, Plat Records of Tarrant Caunty, Texas, the state plane coordinate value of
said point being Northing: 6,944,799.0385 feet, and Eas#ing: 2,342,885.1412 feet, as related to the Texas
Coordinate System of 1983, North Central Zone, based upon the North American Datum of 1983 (2011)
[Epoch: 2010.0000];
THENCE S 01° 03' 21" W, along the west line of said easement and along the most southerly west line of
said Lot 1R, a distance of 15.00 feet to the POINT OF TERMINATION, the state plane coordinate value of
said point being Northing: 6,944,784.0427 feet, and Easting: 2,342,884.8648 feet, as related to the Texas
Coordinate System of 1983, North Central Zone, based upon the North American Datum of 1983 (2011)
[Epoch: 2010.0000]. �
Sheet 2 of 2
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EXHIBIT B
Certificate of Insurance
Tier II Easement Encroachment Agreement
Page 11 of 11
Revised 12/2022