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HomeMy WebLinkAboutContract 63383Date Received: 6/5/2025 Time Received: 12:38 p.m. Record Number: PB25-00034 City Secretary No.: 63383 PUBLIC PROPERTY RIGHT-OF-WAY 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 Holdaray Partners Limited, a Limited Partnership ("Licensee"), acting by and through its duly authorized representative. RECITALS WHEREAS, Licensee is the owner of the real property located at 1700 Eastchase Parkway, Fort Worth, Texas 76120 ("Property"), being more particularly described as, Lot 1, Block A, of Holdaray Addition, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Deed Records, by Instrument Number D196003261; and WHEREAS, the City owns a right-of-way (the "Public Property") adjacent to the Property, dedicated by plat, depicted on the final plat of the property (FS-24-233), which plat is recorded in the plat records of Tarrant County as Instrument D225092467; 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 drainage pipes (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the OFFICIAL RECORD Tier II ROW Encroachment Agreement CITY SECRETARY Page 1 of 11 FT. WORTH, TX Encroachment within the Public Property. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on the Public Property beyond what is specifically described in Exhibit "A." 2. All construction, installation, maintenance, and operation of the Encroachment and the use or occupancy of the Public Property shall comply with and be performed in strict compliance with this Agreement and with the charter, ordinances, codes, and policies of the City. Prior to the construction or installation of the Encroachment, Licensee shall submit all plans and specifications to the Director of the Development Services Department or duly authorized representative. Licensee shall not commence construction or installation of the Encroachment nor make any use of the Public Property until after the execution of this Agreement. 3. Licensee, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or future utilities affected by such Encroachment and the use and occupancy of the Public Property, including the securing the approval and consent of the appropriate utility companies and agencies of the State of Texas and its political subdivisions. In the event that any installation, reinstallation, relocation, or repair of any existing or future utility or improvements owned by or constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance, or existence of the Encroachment and use of Public Property, Licensee shall pay to City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department, or their duly authorized representative. 4. Licensee agrees that City may enter and utilize the Public Property at any time for any public purpose, including installing, repairing, replacing, or maintaining improvements to its public facilities or utilities necessary for the health, safety, and welfare of the public. The City shall have no responsibility or liability for any damages related to the Encroachment resulting from the City's use of the Public Property; however, the City shall make reasonable efforts to minimize such damage. 5. Upon termination of this Agreement, Licensee shall, at the option of and at no expense to the City, remove the Encroachment and restore the Public Property to a condition acceptable to the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department or their duly authorized representative. Any such removal of the Encroachment shall be in accordance with then -existing City regulations and policies. It is understood and agreed to by Licensee that if this Agreement terminates and Licensee fails to remove the Encroachment and restore the Public Property, Licensee hereby gives City permission to Tier II ROW Encroachment Agreement Page 2 of I I 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). Additionally, Licensee agrees to pay a fee in the amount of $2.25 per square/linear foot of the encroachment area upon execution of this Agreement and annually thereafter. 7. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by City. However, the City may terminate this Agreement upon Licensee's noncompliance with any of the terms of this Agreement. City shall notify Licensee in writing of any such noncompliance and if Licensee does not cure the noncompliance within thirty (30) days of notice from City, the City may terminate this Agreement. However, the City may, at its sole option, allow the Agreement to remain in effect so long as Licensee has taken reasonable measures to cure the noncompliance or is continuing to diligently attempt to remedy the noncompliance. 8. It is further understood and agreed between the parties hereto that the Public Property to be used and encroached upon is held by City as trustee for the public; that City exercises such powers over the Public Property as have been delegated to it by the Constitution of the State of Texas or by the Texas Legislature; and that City cannot contract away its duty and its legislative power to control the Public Property for the use and benefit of the public. It is accordingly agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the Public Property to be used for any other public purpose, including but not being limited to underground, surface, or overhead communication, drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not, that the parties agree to negotiate in good faith in order to accommodate both the Encroachment and the public purpose. 9. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY Tier II ROW Encroachment Agreement Page 3 of I I DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. 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 ROW Encroachment Agreement Page 4 of 11 12. Licensee agrees to comply fully with all applicable federal, state, and local laws, statutes, ordinances, codes, and regulations in connection with the construction, operation, and maintenance of the Encroachment and use of the Public Property. 13. Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for by this Agreement or by any federal, state, or local statute, law, or regulation. 14. Licensee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant, or employee of City, and Licensee shall have exclusive control of and the exclusive right to control the details of its operations, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. The doctrine of respondeat superior shall not apply as between City and Licensee, its officers, agents, servants, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Licensee. 15. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain, and locate the Encroachment over or within the Public Property and is not a conveyance of any right, title, or interest in or to the Public Property, nor is it meant to convey any right to use or occupy property in which a third -party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. 16. In any action brought by the City for the enforcement of the obligations of the Licensee, City shall be entitled to recover interest and reasonable attorneys' fees. 17. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. 18. Licensee covenants and agrees that it will not assign all or any of its rights, privileges, or duties under this Agreement without the written approval of the City, and any attempted assignment without such written approval shall be void. In the event Tier II ROW Encroachment Agreement Page 5 of I I 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 ROW Encroachment Agreement Page 6 of 11 EXECUTED to be effective on the date signed by the City's Director of Development Services Department City: CITY OF FORT WORTH By: Dalton Harrell Oun 5, 2025 09:09 CDT) D. J. Harrell Director, Development Services Department Date: a va unq� FOHt�o9Ad ATTEST: v°�'°� oao °=d aaad4 'k Il��g44p J(aJnnette 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. kj� Kandice Merrick Development Services Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II ROW Encroachment Agreement Page 7 of I I Licensee: Holdaray Partners Limited a Texas limited partnership by: Thomason Management, LLC a Texas limited liability company By:. �- Name: Holl Ann Thomason Hays Title: /Manager Date: STATE OF "aJ § COUNTY OF_�§ BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Holly Ann Thomason Hays, Manager (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 Holdaray Partners, a Texas limited partnership (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 114`- day of goil —, 2025. _ iv4 Notary Public in and for the State of fo�&s ."" v'""". HEATHER M. HORNE Notary Public, State of Texas .: e Comm. Expires 07-02-2028 Notary ID 132551914 Tier 11 ROW Encroachment Agreement Page 8 of I I �:: by v_�h � �u;iy � ���u � ���;� �:�u;� �: i�� � � �y ���y x��►i s�r� 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 5th day of June , 2025. Y Notary Public in and for the State of Texasce • ':gyp F OF- i�i///tc�.A•�355Qg�' raj `� /1111111110 Tier II ROW Encroachment Agreement Page 9 of I I EXHIBIT A Depiction and description of the Encroachment Tier II ROW Encroachment Agreement Page 10 of 11 1. C chick -fil-A Eastchase 1700 Eastchase Parkway LLI,K, I MA U6, V Remainder of ' Holdaray Partners 4 Limited LE Li S ITE TE -71 AN v Or4mv . - I A o� a 0 2D 'qQ0 o zo ao so 0000 000, 0 Chick-fil-A 5200 Buffington Road Atlanta, Georgia 30349- 2998 V a Z = s fon a=��g o jocy# 'mw `Wh4 z �a w PRELIMNARY PLANS FOR PROJECT REVIEW. NOT EDR CONSTRUCTION, BNDING OR PERMIT PURPOSES. Pre= By/p — Dtr«f Supxvl— Of PrFje ACMryR, PE LEGEND Term RscIehallPn NA. IIOn DWe Shown. Behw w PROPOSED I2. OR SMALLER WATER mAM 02/2a/2025 M PROPOSED GATE VALVE = PROPOSED REDUCER IVVV 6 TTP + PRGPGGED RRE NRDR- w ss PROPOSED IV OR SMALLER SANITARv SEWER PRGPOGED GANITARr GEWER MANGLE a h g END. ED GANTARY GEWER CLEANOUT x �, ^� F is -I UW] o PwoPosEo �A� IN�E.R � o � PROPOSED STORM SEWER MANROLE �y O PROPOSED UNDERGROUND GAS r� —x— PROPOSED UNDERGROUND TELECOMMUNICATION O x PROPOSED UNDERGROUND ELECTRIC W co FSR# 05947 PB i P14-SE-BS �GfD�N® D IAI REA BiRG CAUTION I L ENCROACHMENTS AVIAILIABLETILITIES ARE INFORMATONNDITATED SHALLLNBEHTHELANS 'ROM RESPONSIBILITY OF EXHIBIT THE CONTRACTOR TO VERIFY THE LOCATION OF ALL UTILITIES, TO NOTIFY ALL UTILITY COMPANIES OF THE CONTRACTORS SURPS. OPERATIONS, TO PROTECT ALL UTILITIES FROM DAMAGE, TO REPAIR ALL UTILITIES DAMAGED DUE TO THE CONTRACTORS OPERATIONS, AND TO NOTIFY THE ENGINEER PROMPTLY OF ALL CONFLICTS OF THE WORK WITH EXISTING UTILITIES EXHIBIT "A" Y �11 R� NARR�g01'' NO A13SVAC658 pCT SANITARY SEWER EASEMENT VOL. 14100, PG. 378 D.R.T.C.T. 150' "RESTRICTED PROPERTY" AREA (PROHIBITING CONVENIENCE STORE OR GAS STATION) VOL. 17103, PG. 381 D.R.T.C.T. REMAINDER OF HOLDARAY PARTNERS LIMITED VOL. 12220, PG. 729 D.R.T.C.T. / / / / 11 NO3 52'40" 29.41 ty X 1/2" IRF (CM) '/2" IRS "WgER" N5335'12 "W 5.33' PLACE OF BEGINNING '**1\\—S34 54'43"W 332.24' y�Q ~ 1/2" IRF "TEXAS SURVEYING INC." * L E G E N D* CM CONTROLLING MONUMENT IRF IRON ROD FOUND IRS IRON ROD SET "WIER" "WIER & ASSOC INC" ® EASEMENT YNASURVEYOR PREPARING THIS EXHIBIT: PUBLIC RIGHT—OF—WAY EASEMENT , WIER & ASSOCIATES INC. ENCROACHMENT 1 EXHIBIT 2201 E. LAMAR BLVD., SUITE 200E ARLINGTON, TEXAS 76006 FORT WORTH, TARRANT COUNTY, TEXAS 5151 HEADQUARTERS DR., SUITE 115 PLANO, TEXAS 75024 DRAWN BY. RTA REV. Texas Firm Registration No. F-2776 www.WierAssociates.com (817) 467-7700 I SHEET NO. 1 OF 2 I Texas Board of Professional Land Surveying Registration No. 10033900 APPROVED: GAM EXHIBIT "A" �d �k N 0 rn N z z N Q 9 FIELD NOTES — CENTERLINE DESCRIPTION OF ENCROACHMENT PUBLIC RIGHT—OF—WAY BEING A TRACT OF LAND LOCATED IN THE DC HARRISON SURVEY, ABSTRACT No. 658, TARRANT COUNTY, TEXAS, BEING A PORTION OF EASTCHASE PARKWAY (A VARIABLE —WIDTH RIGHT—OF—WAY), AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ENCROACHMENT No. 1 BEGINNING AT A POINT FROM WHICH A 1/2" IRON ROD FOUND WITH A CAP STAMPED "TEXAS SURVEYING INC." BEARS S 34'54'43" W, A DISTANCE OF 332.24 FEET, SAID IRON ROD BEING THE INTERSECTION OF THE NORTHWEST RIGHT—OF—WAY LINE OF SAID EASTCHASE PARKWAY WITH THE NORTHEAST RIGHT—OF—WAY LINE OF OLMSTEAD TRAIL (A 50—FOOT RIGHT—OF—WAY); THENCE N 53'35'12" W, A DISTANCE OF 5.33 FEET TO TO THE TERMINAL POINT OF SAID CENTERLINE, BEING IN THE NORTHWEST RIGHT—OF—WAY LINE OF SAID EASTCHASE PARKWAY, THE SOUTHEAST LINE OF A TRACT OF LAND DESCRIBED IN A DEED TO HOLDARAY PARTNERS LIMITED, RECORDED IN VOLUME 12220, PAGE 729, DEED RECORDS, TARRANT COUNTY, TEXAS (D.R.T.C.T.), AND FROM WHICH A 1 /2" IRON ROD FOUND BEARS N 03'52'40" W, A DISTANCE OF 29.41 FEET, SAID IRON ROD BEING THE NORTH END OF A RIGHT—OF—WAY CORNER CLIP AT THE INTERSECTION OF THE SOUTHWEST RIGHT—OF—WAY LINE OF EDERVILLE ROAD (A VARIABLE —WIDTH RIGHT—OF—WAY) WITH THE NORTHWEST RIGHT—OF—WAY LINE OF SAID EASTCHASE PARKWAY AND THE MOST NORTHERLY EAST CORNER OF SAID HOLDARAY PATNERS TRACT. 'tP' GISTfR +9 ................................... GREGG A. E. MADSEN .................................. _*:!., 5798 _ -ZC, NOTES: (1) ALL BEARINGS SHOWN HEREON ARE CORRELATED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE 4202, NAD OF 1983, AS DERIVED BY FIELD OBSERVATIONS UTILIZING THE RTK NETWORK ADMINISTRATED BY ALLTERRA CENTRAL, INC. (2) THIS EXHIBIT WAS PREPARED WITHOUT BENEFIT OF A CURRENT TITLE COMMITMENT. (3) THIS SURVEY WAS MADE ON THE GROUND DURING THE MONTHS OF OCTOBER 2024 UNDER THE DIRECT SUPERVISION OF GREGG MADSEN, R.P.L.S. NO. 5798. YNASURVEYOR PREPARING THIS EXHIBIT: PUBLIC RIGHT-OF-WAY EASEMENT , WIER & ASSOCIATES INC. ENCROACHMENT 1 EXHIBIT 2201 E. LAMAR BLVD., SUITE 200E ARLINGTON, TEXAS 76006 FORT WORTH, TARRANT COUNTY, TEXAS 5151 HEADQUARTERS DR., SUITE 115 PLANO, TEXAS 75024 DRAWN BY: RTA REV. Texas Firm Registration No. F-2776 www.WierAssociates.com (817) 467-7700 I SHEET NO. 2 OF 2 I Texas Board of Professional Land Surveying Registration No. 10033900 APPROVED: GAM z w w N V) I J D J Q z 2 0 z 0 U z w z 0 Ln W a m EXHIBIT "A" l - 150' "RESTRICTED PROPERTY" AREA (PROHIBITING CONVENIENCE STORI OR GAS STATION) VOL. 17103, PG. 38 D.R.T.C.T. Rom' NPRSISO14 ND 658 OC BS.�pC f A REMAINDER OF HOLDARAY PARTNERS LIMITED VOL. 12220, PG. 729 D.R.T.C.T. 5/8" IRF (CM) \--S89*57'45"W 253.83' / N63 al- 5.13' PLAC BEGI S3330 43 W 114.60' ~ 1 /2" IRF "TEXAS SURVEYING INC.- SURVEYOR PREPARING THIS EXHIBIT: 2' E WIER &AR BLVD., I ASSOCIATES, INC. 006 5151 HEADQUARTERS DR., SUITE 115 PLANO, TEXAS 75024 Texas Firm Registration No. F-2776 www.WierAssociates.com (817) 467-7700 Texas Board of Professional Land Surveying Registration No. 10033900 E OF NWING o� h V. 1 Y �Otih�. P�v�v V V� * L E G E N D* CM CONTROLLING MONUMENT IRF IRON ROD FOUND IRS IRON ROD SET "WIER" "WIER & ASSOC INC" ® EASEMENT PUBLIC RIGHT-OF-WAY EASEMENT ENCROACHMENT 2 EXHIBIT FORT WORTH, TARRANT COUNTY, TEXAS DRAWN BY. RTA I SHEET NO. 1 OF 2 I REV. APPROVED: GAM EXHIBIT "A" �d �k N 0 rn N z z N Q 9 FIELD NOTES — CENTERLINE DESCRIPTION OF ENCROACHMENT PUBLIC RIGHT—OF—WAY BEING A TRACT OF LAND LOCATED IN THE DC HARRISON SURVEY, ABSTRACT No. 658, TARRANT COUNTY, TEXAS, BEING A PORTION OF EASTCHASE PARKWAY (A VARIABLE —WIDTH RIGHT—OF—WAY), AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ENCROACHMENT No. 2 BEGINNING AT A POINT FROM WHICH A 1/2" IRON ROD FOUND WITH A CAP STAMPED "TEXAS SURVEYING INC." BEARS S 33'30'43" W, A DISTANCE OF 114.60 FEET, SAID IRON ROD BEING THE INTERSECTION OF THE NORTHWEST RIGHT—OF—WAY LINE OF SAID EASTCHASE PARKWAY WITH THE NORTHEAST RIGHT—OF—WAY LINE OF OLMSTEAD TRAIL (A 50—FOOT RIGHT—OF—WAY); THENCE S 89'57'45" W, A DISTANCE OF 5.13 FEET TO TO THE TERMINAL POINT OF SAID CENTERLINE, BEING IN THE NORTHWEST RIGHT—OF—WAY LINE OF SAID EASTCHASE PARKWAY AND THE SOUTHEAST LINE OF A TRACT OF LAND DESCRIBED IN A DEED TO HOLDARAY PARTNERS LIMITED, RECORDED IN VOLUME 12220, PAGE 729, DEED RECORDS, TARRANT COUNTY, TEXAS (D.R.T.C.T.), AND FROM WHICH A 5/8" IRON ROD FOUND BEARS S 89'57'45" W, A DISTANCE OF 253.83 FEET, SAID IRON ROD BEING THE SOUTH CORNER OF LOT 1, BLOCK E, EASTCHASE VILLAGE, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY ,TEXAS, ACCORDING TO THE PLAT RECORDED IN INSTRUMENT NUMBER D216210689, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS (O.P.R.T.C.T.). ................................... GREGG A. E. MADSEN _:1, 5798 _,;:Sc, NOTES: (1) ALL BEARINGS SHOWN HEREON ARE CORRELATED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE 4202, NAD OF 1983, AS DERIVED BY FIELD OBSERVATIONS UTILIZING THE RTK NETWORK ADMINISTRATED BY ALLTERRA CENTRAL, INC. (2) THIS EXHIBIT WAS PREPARED WITHOUT BENEFIT OF A CURRENT TITLE COMMITMENT. (3) THIS SURVEY WAS MADE ON THE GROUND DURING THE MONTHS OF OCTOBER 2024 UNDER THE DIRECT SUPERVISION OF GREGG MADSEN, R.P.L.S. NO. 5798. YNASURVEYOR PREPARING THIS EXHIBIT: PUBLIC RIGHT—OF—WAY EASEMENT , WIER & ASSOCIATES INC. ENCROACHMENT 2 EXHIBIT 2201 E. LAMAR BLVD., SUITE 200E ARLINGTON, TEXAS 76006 FORT WORTH, TARRANT COUNTY, TEXAS 5151 HEADQUARTERS DR., SUITE 115 PLANO, TEXAS 75024 DRAWN BY: RTA REV. Texas Firm Registration No. F-2776 www.WierAssociates.com (817) 467-7700 I SHEET NO. 2 OF 2 I Texas Board of Professional Land Surveying Registration No. 10033900 APPROVED: GAM z w w N V) I J D J Q z 2 0 z 0 U z w z 0 Ln W a m 0 10 I it II^Ivor A n II Ig�� TS Lori DETAIL 'A' 1 LOT 2 I LOT 3 . LOT 9 I I Q I AAO CA SETBACK n4aa�¢ O,B EW T.A �P GHNA OPAGATEMET»A-1 1�AsA -o RMP ,V so—w w-- IMPORTANTII CONTRACTOR SHALL BE RESPONSIBLE FOP PPEPAgING COORDINATION PLAN OF CONSTRUCTION WITH EXISTING TENANTS SO NOT TO DISTURB ACCESSIBILITY TO E%ISTING BUSINESSES TO REMAIN I 'I BLOCK E EASTCHASE VILLAGE INSTO P RD21C2T 689 LOT V LOT 8 LOT 6 I ' I N wa,• $9 �IIIIIIC'� PRnATE:O LINE B REMAINDER OF \ HOLDARAY PARTNERS LIMITED VOL. 12220. K. 729 D.R.T.C.T. 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ALL STMM vlKs ARE PRnATE ErcCIDT TMSE SMwN x crtr a STATE R o w Z = 8 RCP wsTAunrax M:1_L Tax Aw BECONORSNALLTCONFORM To PwE MALFAPTLEERILNEEEIPI s ATION W n r.c12 OMMEma 1, EAWMCA,,EO COLLAR O°xI.OTIOxs RRALL IN Q °z E AttowNxc wrtx THE crtY sTnLESGECD a N w PRGPOSED 12 OR SMALLER WATER MAINPROPO­ GATE VA gR orb`€ ~ PRogoseD ReoucEPLVE g CS PROPOSED WATER METER Q. H m g a PROPOSED FlRE HYDRANT 3 N —� PROPoD SANTARY SEWER MANN HOLE NR 52 PROPOSED SANTARY SEWER CLEANOUT _' 2 B y '� (9 PRogosgD sTogM sEwEP ► S Q PROPOSED GRATE MLET W PRovOBED LNDERGROUND ELECTRIC =Nti DF h. PROPOSED LNGERGROUND TELECOMMUNICATION y5t PRGPG:D DNDERGROUND GAB -.gin a=. _._ Ex15T1NG DNDERGRGUND ELECTRIC IOILB W 'ggyTkENS� °— ExISTING IMERGROI.ND GpSE<OMMJNICATION TTS A'^"° 02/21/2025 UTILITY CONTACTS iPl UTILITY UTILITY COMPANY CONTACT PHONE ELECTRIC ONCOR ENERGY RAMIRO TORRES 6B2303I QI WATER a WASTEWATER TAYLOR GUNDERMAN el]-392-6369-T11-1 w GAS ATMOS ENERGY BOBBY ONEY 214-549-7144 a � �S E CALL 0 20 40 60 lyl d O E. FSR# 05947 IF a aTED a .r. M, IN M .„ P;R-se-MS ,tvMwmuEsrs�row .wO rwtr 1 Puxwxr Aa xomn or . ,wn,c slow Pat 3 `z/I�a/x aes D,OCrt3 ecM.Exls OF MOR �wT"wwE P.w.wA..wR Eouevlt Rao xrsro scum of mE IxmRac,lOx ofy an CAUTION I I DRAINAGE EXISTING UTILITIES ARE INDICATED ON THE PLANS FROM AVAILABLE INFORMATION. IT SHALL BE THE RESPONSIBILITY OF PLANT HE CONTRACTOR TO VERIFY THE LOCATION OF ALL UTILITIES, TO NOTIFY ALL UTILITY COMPANIES OF THE CONTRACTORS sxm xmmm OPERATIONS, TO PROTECT ALL UTILITIES FROM DAMAGE, TO REPAIR ALL UTILITIES DAMAGED DUE TO THE CONTRACTORS PS-2 OPERATIONS, AND TO NOTIFY THE ENGINEER PROMPTLY OF ALL CONFLICTS OF THE WORK WITH EXISTING UTILITIES. w PRIVATE STORM DRAIN LINk-4' ) ) ) ) ) ) ) � -0+50 0+00 0+50 1+00 1+50 2+00 2+50 3+00 > PRIVATE STORM PRIVATE STORM DRAIN LAT 'A-1' DRAIN LAT 'A-2' PRIVATE STORM DRAIN LAT 'A-3' 550 550 550 550 550 ® I I g I I ) Y ­..l ---- — -- ---- d I I I I n ` — — — — — — — — — — I I I I 540 540 540 540 540 RF7E-- — — — — — -- --- IIJ > — -_ - IL T�l— — -- - y' E ' III' I 30 530 530 530 ) 530 c I I cyst 520 -- 520 5201 '520 5201 J 13'C lnl / - is �- 6pis I. Vi(4 Q015 I � ) 610 ���✓ � 1 = 510 510-I � r � �1R 510 510 I I -0+50 0+00 0+50 -0+50 0+00 0+50 -0+50 0+00 0+50 ^ 3+50 4+00 J 550 l I I I I 540 I 550 4+50 HORIZONTAL 20 40 60 VERTICAL 5 100115 Pxw eorxsmAµo zara«se r gswA.M:u .orsm�o 1 m�inwG,xE PO \ 00 _T_Z o D oo�D 0 0 0 oop ° Chick-fil-A 5200 Buffington Road Atlanta, Georgia 30349- 2998 13 a Z= W oQ� a� R �� 4 W '^ 1= w yt�tf of �� PWYA ACIUAYR 10118 M A' 02/21/2— 1� >C E-I w w F FSR# 05947 3��z pia�i ae5010crt3 ccM.EMs STORMDRAIN P PYLES PS-3.1 iII�IIIIII��z Il=�.y Illi II 'II0 9yl A II I mob ' £ II s5y II II Ilm a I{I III P II II I I II II II II ; I II II J II 3 Ili 1- lG SEE g � i li PRIVATE WW" PRWATE PL CER AND 6' SACKFLOW PREVENTdi (BY SEPERATE PLANS) IN 8959803.02 t. END E: 23]]0]5.65 8' FIRE SERVICE LINE a ' 8 CAP 2' BEYOND EDGE OF MOP. SIDEWALK Nr 6959]99.]9 Er 2377062.02 ' INST TAPPING SADDLE P� Nr 6959793.81 E' 2377093.82 ' I - 8' X 2' TIPPING SADDLE �i Nr 6959793.13 �S Er 2377095.0 COT TO EX. N' WL FILE NO. X-9272 INSTALL I - I6' X 8' TEE 1- 16' GATE VALVE I - 8' GATE VALVE Nr 6959T90.57 E- 2377100.20 BLOCK E LOT 2 I EASTCHASE VILLAGE LOT 3 I LOT 9 I INST NO D216210689 LOTS DPHTCT IT LOT 6 V I I �ss 71 1 J REMAINDER HOLD PARTNEROSF LIMTED VOL. 12220 D.R.T.CT..729 - IIIIII PRIVATE i-p T" L - IMPROVEMENTS ARE _ NOT NIA CLED N THIS PLAN SET CONNECT FIE NO. XT-927O IX.2 IB' WL / ICI I�I�I c 1�,�1� 'I INSTALL' I - 16' X 6- TEE Nr 23T/16959876.II E' 61.21 -f_ - 1_' 6 = I 6' GATE /nBIVALVE N' 6 E' 23T7151.26 - ri PROP. WATER 111E LOtWRE14R T' OET.W.4 AN 9�FE3M U OS13 AND PER MTM DI20 LET- -� NSTA� I - FIRE HYDRANT r•If:lf•I�I�I�iL�iL�I�� - - EL" LL Etw N' 6959874.44 (x-pzMj E' 23T1153.85 17, � T �1�1�1 TI�Ir•Ir•If•1�1 (VARIABLE-W[ NNWATIN LME a CAP / �� - - - -L� 72 D. T EDGE OF EASEMENT �VSEP 1' PRESS RE REDUCING ALVE D. NB FOR CONTINUATION (BY 9%819.. PLANS) ' Nr 2377102.71 N: 6959819.64 Ei 23i]102.]I - E: 23]]OB9.64 , PRIVATE 1' BACKFLOW PREVENTOR _ (BY 959817.E PLANS) ILL �■ N: 42 2377094.37 E 23]70BL.37 1 �PRIVATE 2- PRESSURE REDUC G VALVEI = (BY SEPERATE PLANS) IIJ N: 6959818.98 , E: 231095..23T/095.24 PRIVATE 2- BACKFLOW PRENENTOR , (BY SEPERATE PLANS) T NWRW I \ I \ I'RESTRICTED PRO I u ' PROPERTY° AREA (PROHIBITING � 7 W RA�6 \ \ REVISIONS X0. Q OFSOBPIXW OATS Q x Q 3 Q 0 LE6QD �w� N MOPOEEp WATER LI1E PROPOSED GATE VALVE PROPOSED ME HYDRANT PROPOSED WATER REM EXISTING WATER LINE .,STI. PRE NYORANT i< PUMA A V 10148 VENIENCE STORE - - N.T.S. ANAL VOL.S e �I I 'IIII 0 d R T'c T. --- --- I b, w 03/07/2025 VH//Al WIER & PREPARASED S � ASSOCIATES, INC. � \ I 15' SANITARY SEWER I Ilr O V I I ENGINEERS SURVEYORS LAND PLANNERS C 2201 E. IADR BLVD., SURE 210E A%NIM, TEXAS 76008 EASEMENT A N (��1 5151 HDDDWERRS DR., SUITE 115 RM. TXAS 75024 h PFn VOL. 14100, PG 378 III -l? 1~' /`��( r1 I$ h Tam Fmm No. F-T776 mNaANodolwcam (817N67-T700 0 D R T C T W y -D A I STRUCTION NOTES F- as - _ III �% GO NOTE: CONTRACTOR SHALL PROTECT ALL EM611NG TREES PONCES, es 1 RETAINING WALLS AND SAUCNRES UNLESS OIHERWSE NOTED. Ol E, r sAInARr I THE CONTRACTOR SHALL CdHTACT THE FOLLGWNG AT LEAST 45 HOURS PROR TO V DXCAVAIING AT EACH LOCABdH: - - w-w MOP. WRIER uxF LOmRINO PER CND ATV1 I BM A l``� (I \ \ FORT 1-800-BT6-BT11 FORT WDR1X WRIER OEPT-FlEID OPERATON6 (511) Bit-8280 Al FORT WORRH rkPW (B1 i) 871-8100 3 O K PORT WWM S:CllW1 >3 ro ,2 AND CITE pEIAIL4 p1 SLEETS ,0 t1 w V ;y \\ V \\\\\\VVV,,, ATMOS ... (en) x15-I.bB CNCCR GA6 8 ELECTPoC (II 215-8214 16• w O w \` T \\ T%U ENERGY 1-800-x33-2133 SBC -HONE (11T1 335-8818 di IX It' OUCNE IROx 0 CHARIER COMM. (81 ) SOB-8272 .1 - ALL OTHER FACILITIES 1-800-DIG-TESS {�i1 r TEN UNE 5 G TER ' R1GHT-OF-WAY) 1 (x-Pxre) ��' \� HORIZONTAL & VERTICAL CONTROL 3 a ��� BENCHMARK 'A! BENCHMARK 'S' BENCHMARK 'C' 'X' 'X' 'X' V / - - ' 7 I Y CUT SET ON CURB CUT SET ON CURB CUT SET ON CURE INLET CURBUNE NOTES' IN SW CURBUNE INLET IN SW INLET IN SW CURBUNE OF EDERNLLE RD OF WASTEAD TRAIL OF OLMSTEAD TRAIL 7 N: 6960097.60 N: 6959768.41 N: 6959831.23 I. NOTIFY CIVIL ENGINEER IMMEDIATELY F ANY CONFLICT OCCURS. E: 2377284.31 E: 2377049.53 E 2377253.10 EIEV: 527.67 ELLV: 529.11 ELEW 528.12 2. FIRE PROTECTION WATER SUPPLIES AND FIRE LANES SHALL BE CITY PRQ/fCT (1O5B4J MAPSCO W. 67-X INSTALLED AND MADE SERVICEABLE PRIOR TO. AND DURING, CONSTRUCTION. NIIAWEROFWATERSAMPUNGTABIE IODATONOFWATE WILING I NUMBEROFSANHPLEsI �114-02004J1-103B43-EO78B5 X-28367 1 of FOF1 K-3326 3. CONTRACTOR SHALL NOT DISRUPT ACCESS OR ANY UTILITY SERVICE TO ADJACENT LOTS WITHOUT PRIOR NOTIFICATIONAND APPROVAL FROM CITY OF FOR WORTH AND PROPERTY OWNERS. ; 4 MAIry BRANCHEDORWEMAIN ILONGERTHAN W M FIRE LINE 1 EA i EA CITY OF FORT WORTH, TEXAS N: 6959818.92 I I T E: 2377100.93 , 4. FINAL SIZE OF FIRE SPRINKLER LINES (FSL ) MUST BE SIZED AND IIL,II INSTALLED BY A STATE LICENSED FIRE SPRINKLER CONTRACTOR. 5. CONTRACTOR SHALL COORDINATE WITH FRANCHISE UTILITY COMPANIES 6 HYDRANT SUBTOTAL i FA 4 u TRANSPORTATION AND PUBLIC WORKS L� TRANSPORTATION PROGRAMMING END 2' DOMESTIC LEE IC 1 FOR THE ADJUSTMENT OF EXISTING FRANCHISE UTILITIES. TOTALSAMPlETF3TFD1i0DNSftuDVE PASSINGI x u &CAPITAL PROTECTS DIVISION R e CAP AT EDGE EASERENT SEE PMVATE PLANS FOR CONTINUATION N' 6959810.96 6. CONTRACTOR SHALL LOCATE UTILITIES PRIOR TO THE START OF CONnNGENty IxS%1 S EA TOTALESTIMnTECOSTPoRWATERSAMPUNG1530/EAT S3W.W V F•' CHICK -AIL-A GO E' 2577104.19 ■ CONSTRUCTION. (MINIMUM4WATERSAMPLETESTINGBI < w� 0 to EASTCHASE W V INS All: 7 DETAIL 'A' CAUTION I I P'AASTCHASE' PKWY Q i 1 - 2' DdAESDC METER PER DETAIL DI12�� N: 695980 EXISTING UTILITIES ARE INDICATED ON THE PLANS FROM FROM OLMSTEAD TRAIL TOEDERVTEEERD E 23]]101.91 91 ' AVAILABLE INFORMATION. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO VERIFY THE LOCATION OF ALL UTILITIES, LT" INSTALL' ® PRIVATE 6' PRESSURE REDUCING VALVE TO NOTIFY ALL UTILITY COMPANIES OF THE CONTRACTORS TO ALL WATER PLAN I - I' RRIGATKN METER PER DETAIL DIII (BY SEPARATE PLANS 1 OPERATIONS, PROTECT UTILITIES FROM DAMAGE, Nr 6959803.13 NI 6959805.10 TO REPAIR ALL UTILITIES DAMAGED DUE TO THE CONTRACTORS OPERATIONS, AND TO NOTIFY THE ENGINEER PROMPTLY OF ALL DESIGNED: RNA SCALE DATE: 3/7/2025 SHEET - - E' 2359803:55 �I�I�I�I�U�U�1� Er 2377071.53 O 20 40 60 �IJ CONFLICTS OF THE WORK WITH EXISTING UTILITIES. OMWN: HAF I'=20' WAi24058 90F 24 U I I I .-O'f 1-l'! a1 �a �a„ V oRTWo I �mo,.GN.WaN,N..EA,s .Ev�o:o�„ WATER LINE LOWERING DETAIL 330512-0162 m,na ,"�mwiy a J— A=0 14NCH STANDARD PLASTIC METER BOX 614NCH METERS) (CLASS A) 331210-011J � I I U-- � — I �=T aw�,•a ORTWORT 1—FFo6TwomI+.TE.— CONNECTIONTOE%ISTING WATER MAINS 39122fi-D129 me Gr- HORU:ONTAL THRUST BLOCKING 331100-0130 1y & 24.CH WATER SERVICE�xrvsue. y312 f0-011'2 REVISIONS Ixa p GE9mPnGN WTE I+ p Iz p IG p 8 �I 1 N-I CH ATEWRSERWCE 33121ODIII h ,.•�/ �^1671,Anaa PRYA ACHI,RYAf- PREPARED BY: 03/07/2025 W/A WIER & ASSOCIATES, INC. ENGINEERS SURVEYORS LAND PLANNERS 2201 L LAWBVD., SUITE 200E ARUNGTGN, TM 7M06 5151 HEAW RIER3 DR., SURE 115 PLWO, TORS 75024 T— R. Rm hljDn Na F-2776 m.0'wksocwNs.bom (617)-W-770I CONSTRUCTION NOTES NOTE CONTRACTOR SHALL PROTECT All E9STNG TPE$ FENCES, RETAINING WALLS AND STRUCTURES UNLESS OTN.RNSE NOTED. L WE COMPACTOR SHALL CONTACT WE F010NNO AT 1£AST M HOUM PRIOR TO EACAVATNG AT EACH LOCATON: A— 1-600-6)6-6J11 PDRi %QATHH WATERW D �1»Rm B10� TONS (9/7) 971-6296 - �CO.R GESASESQ ELECMICz(B 7) -6211 TAU ENERGY 1-600-263-213J aEvi°Eu °sasm� SBC TF 10IE (6(17) 336-8019 OT 331220-0125 L oMEB—AP dutiES W eoIC�7 I HORIZONTAL & VERTICAL CONTROL BENCHMARK 'A' BENCHMARK 'I BENCHMARK 'C' 'X' CUT 97 ON CURB 'X' CUT SET ON CURB 'X' CUT SET ON CURE >C>7 INLET IN SW CURBUNE INLET IN SW CURBUNE INLET IN SW CURBUNE q OF EDERWLLE RD OF "STEAD TRAIL OF OUASTEAD MAIL N: 6960097.60 N: 6959766.41 N: 6959831.23 Q E 2377284.31 E. 077M 53 E: 2377253.10 0. ELEV. 527.67 ELEV: 529.11 ELEN 528.12 -I C/7Y P,POVECT j105843 M1PSC0 W. 67-X - � RD 1301Ih020001-105643-E07685 X-28367 K-3.326 a »-» > Pvc AND DucmE W CITY OF FORT WORTH, TEXAS PlUUC TRANSPORTATION AND PUBLIC WORKS W TRANSPORTATION PROGRAMMING ¢� & CAPITAL PROJECTS DIVISION U CHICK -FIL-A Cl) EASTCHASE W EASTCHASEPKWY FROM OLMSTEAD TRAIL TO EDER VILLE RD `GIPS EPEc"° ppESSURENEND PWG WATER DETAILS Iv PVC, DUCTILE IRON, CONCRETE PRESSURE am 3 DESIGNED: PNA SCALE: ONEA/6/2025 SHEEF rTi AND BURIED STEEL PIPE PRESSURE PLUGS 024114-0123 DRAWN: HAF I N/A I WA/24058 I 11 OF 24 U BRANCH GATE VALVE CONNECTION TO LARGE WATER MAIN EXHIBIT B Certificate of Insurance Tier II ROW Encroachment Agreement Page 11 of 11