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HomeMy WebLinkAboutContract 63574Date Received: 07/01 /2025 Time Received: 2:54 p.m. Record Number: PN24-00223 City Secretary No.: 63574 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 Westbend Phase II, LLC, a Delaware limited liability company ("Licensee"), acting by and through its duly authorized representative. RECITALS WHEREAS, Licensee is the owner of the real property located at 1701 South University Drive, Fort Worth, Texas 76107 ("Property"), being more particularly described as, Lot 3-A-3, Block 1, River Plaza Complex, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Deed Records, by Instrument Number D216093037; and WHEREAS, the City owns Drainage and has an interest in a public utility easement (the "Public Property") adjacent to the Property, dedicated by plat, depicted on the final plat of the property (FS-79-48), which plat is recorded in the plat records of Tarrant County as Instrument D214111486; 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: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II Easement Encroachment Agreement Page 1 of 13 Updated 2024 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 storm drain (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 Tier II Easement Encroachment Agreement Page 2 of 13 Updated 2024 improvements to its public facilities or utilities necessary for the health, safety, and welfare of the public. The City shall have no responsibility or liability for any damages related to the Encroachment resulting from the City's use of the Public Property; however, the City shall make reasonable efforts to minimize such damage. 5. Upon termination of this Agreement, Licensee shall, at the option of and at no expense to the City, remove the Encroachment and restore the Public Property to a condition acceptable to the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department or their duly authorized representative. Any such removal of the Encroachment shall be in accordance with then -existing City regulations and policies. It is understood and agreed to by Licensee that if this Agreement terminates and Licensee fails to remove the Encroachment and restore the Public Property, Licensee hereby gives City permission to remove the Encroachment and any supporting structures from the Public Property, to restore the Public Property, and to assess a lien on the Property for the costs expended by the City in taking such actions. 6. In order to defray all costs of inspection and supervision which the City has incurred or will incur as a result of the construction, maintenance, inspection or management of the Encroachment and use of Public Property as provided for by this Agreement, Licensee agrees to pay to City at the time this Agreement is requested an application fee in the sum of 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. Tier II Easement Encroachment Agreement Page 3 of 13 Updated 2024 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 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 "C." The amounts of such insurance shall be not less than Tier II Easement Encroachment Agreement Page 4 of 13 Updated 2024 $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 "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. Tier II Easement Encroachment Agreement Page 5 of 13 Updated 2024 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 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. Tier II Easement Encroachment Agreement Page 6 of 13 Updated 2024 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 7 of 13 Updated 2024 EXECUTED to be effective on the date signed by the City's Director of Development Services Department City: CITY OF FORT WORTH bAh% lyy_Ha�^reiG By: Da Ron Ha rre[I(.Ln30,202508: 50 CDT) D. J. Harrell Director, Development Services Department Date: 06/30/2025 qO� pORT�aa 010 ATTEST: NIl4 nEXA44ap Jannette Goodall, City Secretary Approved As To Form and Legality Jackson Skinner 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. kebecca Owen Rebecca Owen (Jun 30, 707_, 10'.09 CDT) Kandice Merrick Development Services Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II Easement Encroachment Agreement Page 8 of 13 Updated 2024 Licensee: Westbend Phase II, LLC a Delaware limited liability company by: Trademark APT Fort Worth University Dr Venture, LLC a Delaware limited liability company its sole member by: Trademark Multifamily Westbend, LLC a Texas limited liability company its manager By: 99:�� Date: 9• 27, 0 a S7 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 Chad Colley, Manager 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 Trademark Multifamily Westbend, LLC the manager of, Trademark APT Fort Worth University Dr Venture, LLC., the sole member of Westbend Phase II, LLC and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this )-- "day of —ji;i M->✓ , 2025. A,/L-- O of Public in and for the ,,rl4�irr,�f KARRIE R WHITF ' `Notary Public, State of Texas IN.. Comm. Expires 04-25-2029 Lio,` Notary II] 1256MV Tier 11 Easement Encroachment Agreement Page 9 of 13 Updated 2024 11111.`� "J_1111.O1U :i�J 1111''&@J 0 OLIJ M 1 MAXIJ IA N 0 &91 OI OI l9J OI W1 OlIJ►1 II'' 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 30TH day of June , 20225 . Notary Public in and for the State of Texas o�PRYP�e, WENDY L BEARDSLEE z Notary Public * * STATE OF TEXAS 4 Notary I.D. 13323719-3 9oF My Comm. Exp. July 28, 2025 Tier II Easement Encroachment Agreement Page 10 of 13 Updated 2024 EXHIBIT A Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page 11 of 13 Updated 2024 EXHIBIT "A" EASEMENT ENCROACHMENT AGREEMENT Part of Lot 3-A-3, Block 1 River Plaza Complex Adam Vogt Survey, Abstract No. 1586 City of Fort Worth, Tarrant County, Texas DESCRIPTION, of a 115 square foot (0.003 acre) tract of land situated in the Adam Vogt Survey, Abstract No. 1586, City of Fort Worth, Tarrant County, Texas; said tract being part of Lot 3-A-3, Block 1, River Plaza Complex, an addition to the City of Fort Worth according to the plat recorded in Volume 388-131, Page 5 of the Map Records of Tarrant County, Texas; said 115 square foot (0.003 acre) tract being more particularly described as follows (bearing System for this survey is based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone 4202, based on observations made on March 18, 2024 with a combined scale factor of 1.00012); COMMENCING, at a 1/2-inch iron rod with yellow cap stamped " PACHECO KOCH" found at the northwest corner of said Lot 3-A-3 and being in the east right -of -line of University Drive, a variable width right-of-way. THENCE, South 00 degrees, 08 minutes, 52 seconds West, along said east line of University Drive, a distance of 14.73 feet to a 1/2-inch iron rod with yellow cap stamped "PACHECO KOCH" found for an angle point; THENCE, South 01 degrees, 41 minutes, 08 seconds East, continuing along said east line of University Drive, a distance of 189.88 feet; THENCE, North 88 degrees, 18 minutes, 52 seconds East, departing said east line of University Drive, a distance of 3.47 feet to the POINT OF BEGINNING; THENCE, North 88 degrees, 18 minutes, 52 seconds East, a distance of 11.53 feet to a point for corner; THENCE, South 01 degrees, 41 minutes, 08 seconds East, a distance of 10.00 feet to a point for corner; THENCE, South 88 degrees, 18 minutes, 52 seconds West, a distance of 11.53 feet to a point for corner; THENCE, North 01 degrees, 41 minutes, 08 seconds West, a distance of 10.00 feet to the POINT OF BEGINNING; CONTAINING: 115 square feet or 0.003 acres of land, more or less. (A survey plat of even survey date herewith accompanies this description.) The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the easement tract described. ✓%_ _lam I/ 1 12/11 /2024 Michael Larry Levis, Jr. Date Registered Professional Vnd Surveyor No. 5773 Westwood Professional Services, Inc. 500 W. Th Street, Fort Worth, TX 76177 (817) 412-7155 TX Reg. Surveying Firm LS-10074301 R0052407.00EX1 _Legal.doc R0052407.00EX1.dwg AMB PAGE 1 OF 2 ��. 0 F �TF �G,STE RFo'•9tr .. ...LARRY LEWIS:J .. ..5773... Q FFSSXp�y� SUR © 2017 Westwood Professional Services, Inc. EXHIBIT "B" UNIVERSITY DRIVE (VARIABLE WIDTH RIGHT—OF—WAY) POINT OF POINT OF BEGINNING S 0°08'52" W�COMMENCING _ S 01041'08" E 189.88' ___" 14.73' �,/ 4 10' UTILITY AND L5 / 15' UTILITY AND IRF(C.M) I DRAINAGE EASEMENT -DRAINAGE EASEMENT J (VOL. 388-131, PG. 5) L3 EASEMENT ENCROACHMENT AGREEMENT 115 S.F. (0.003 ACRES) LOT 3—A-3, BLOCK 1 RIVER PLAZA COMPLEX (VOL.388-131, PG. 5) WESTBEND SOUTH, L.P. (INST. NO. D216093037) 0' 60' 120' ��. 0 F TF ............... .... AEWL LARRY LEWIS.., JR. ..... ::............... 9 � 5773 Pr BEING A PORTION OF LOT 3-A-3, BLOCK 1 RIVER PLAZA COMPLEX AN ADDITION TO THE CITY OF FORT WORTH, TEXAS CB=N The undersigned, Registered Professional Land Surveyor, hereby certifies that this plat of survey accurately sets out the metes and bounds of the easement tract described. I(VOL. 388-131, PG. 5) I O ^N C) 0-)a LC) u-) Lc� 1 O 00 J N N N A=24°46'46" \ m 0 0 0 0 0 R=120.12' COI"0oCOco L=51.95' ^U _ N Q N O O co' 2 T=26.39 N Q o�o 77045'29" E J 0 Li 06 CD=51.55' z E 2/11 /2024 Michael Larry Lewis, Jr. ate Registered Professional Land Surveyor No. 5773 Westwood Phone (817) 953-2777 500 WEST 7TH STREET, STE 1300 FORT WORTH, TX 76102 wertwoodpLoom Westwood Professional Services, Inc. TBPELS ENGINEERING FIRM REGISTRATION NO. 11756 TBPELS SURVEYING FIRM REGISTRATION NO. 10074301 XF ~~~ (C.M.)� > zzz o J � � L/NE TABLE LINE BEARING LENGTH L1 N 88018'52" E 3.47' L2 N 88°18'52" E 11.53' L3 S 01041'08" E 10.00' L4 S 88018'52" W 11.53' L5 N 01 °41'08" W 10.00' LEGEND PROPOSED EASEMENT LINE PROPERTY LINE EXISTING EASEMENT LINE IRF 112" IRON ROD WITH YELLOW "PACHECO KOCH" CAP FOUND XF "X"-CUT FOUND GENERAL NOTES 1. A metes and bounds description of even survey date herewith accompanies this plat of survey. 2. Bearing system for this survey is based on a bearing of 7983 (2077 adjustment), North Central Zone 4202, based on observations made on March 18, 2024. PAGE NUMBER: EASEMENT ENCROACHMENT 2 of 2 AGREEMENT DATE: DEC.2024 z w w LU Q z x U a 0 U z w z 2 tA Q w PROJECT NUMBER: R0052407.00 EXHIBIT "A" EASEMENT ENCROACHMENT AGREEMENT Part of Lot 3R-1 R-1, Block 1 River Plaza Complex Adam Vogt Survey, Abstract No. 1586 City of Fort Worth, Tarrant County, Texas DESCRIPTION, of a 155 square foot (0.004 acre) tract of land situated in the Adam Vogt Survey, Abstract No. 1586, City of Fort Worth, Tarrant County, Texas; said tract being part of Lot 3R-1 R-1, Block 1, River Plaza Complex, an addition to the City of Fort Worth according to the plat recorded in Instrument No. D216158999 of the Official Public Records of Tarrant County; said 155 square foot (0.004 acre) tract being more particularly described as follows (bearing System for this survey is based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone 4202, based on observations made on March 18, 2024 with a combined scale factor of 1.00012); COMMENCING, at a 1/2-inch iron rod with yellow cap stamped " PACHECO KOCH" found at the southwest corner of said Lot 3R-1 R-1 and being in the east right -of -line of University Drive, a variable width right-of-way. Said point being the beginning of a curve to the left; THENCE, along said curve to the left, departing said east line of University Drive and along the south line of said 3R-1 R-1, having a radius of 120.12 feet, a central angle of 24 degrees, 46 minutes, 46 seconds, an arc length of 51.95 feet, and a chord bearing and distance of North 77 degrees, 45 minutes, 29 seconds East, 51.55 feet to an "X"-cut found for angle point; THENCE, South 66 degrees, 50 minutes, 08 seconds East, continuing along said south line of Lot 3R-1 R- 1, a distance of 173.92 feet to the POINT OF BEGINNING; THENCE, North 23 degrees, 09 minutes, 52 seconds East, a distance of 3.22 feet to a point for corner; THENCE, North 68 degrees, 09 minutes, 52 seconds East, a distance of 11.46 feet to a point for corner; THENCE, South 66 degrees, 50 minutes, 08 seconds East, a distance of 14.14 feet to a point for corner; THENCE, South 68 degrees, 09 minutes, 52 seconds West, a distance of 16.01 feet to a point for corner; THENCE, North 66 degrees, 50 minutes, 08 seconds West, a distance of 10.92 feet to the POINT OF BEGINNING; CONTAINING: 155 square feet or 0.004 acres of land, more or less. (A survey plat of even survey date herewith accompanies this description.) The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the easement tract described. 12/11 /2024 Michael arry Le is, Jr. Date Registered Professional d Surveyor No. 5773 Westwood Professional Services, Inc. 500 W. 7th Street, Fort Worth, TX 76177 (817) 412-7155 TX Reg. Surveying Firm LS-10074301 R0052407.00 EX2_Lega I. doc R0052407.00EX2.dwg AMB PAGE 1 OF 2 r .s FrG�srf.;F Fo •;�r M6H EL LARRY LEWIS, J ...................... 5773 .yo•.ESS���-t SUR © 2017 Westwood Professional Services, Inc. EXHIBIT "B" O*� 0' 60' 120' LINE TABLE UNIVERSITY DRIVE L/NE BEAR//(G LENGTH L1 N 23009'52" E 3.22' L2 N 68009'52" E 11.46' L3 S 66050'08" E 14.14' L4 S 68009'52" W 16.01' L5 N 66050'08" W 10.92' LEGEND (VARIABLE WIDTH RIGHT—OF—WAY) POINT OF COMMENCING 10' UTILITY AND IRF(C.M) I DRAINAGE EASEMENT I(VOL. 388-131, PG. 5) LOT 3R-1 R-1, BLOCK 1 1 RIVER PLAZA COMPLEX A---24046'46" (INST. NO. D216158999) R=120.12' \ FW RIVER PLAZA, L.P. L=51.95' (INST. NO. D208072150) T=26.39' \ (INST. NO. D208072151) CB=N 77045'29" E \ \ (INST. NO. D208072152) CD=51.55' \ XF ti LOT 3—A-3, BLOCK 1 (C.M.) RIVER PLAZA COMPLEX (VOL.388-131, PG. 5) WESTBEND SOUTH, L.P. � 05 (INST. NO. D216093037) 041) - Cps POINT OF c) / BEGINNING / Cvo ?� EASEMENT ENCROACHMENT <a AGREEMENT 155 S.F. (0.004 ACRES) / PROPOSED EASEMENT LINE PROPERTY LINE EXISTING EASEMENT LINE IRF 1/2" IRON ROD WITH YELLOW "PACHECO KOCH" CAP FOUND XF "X"-CUT FOUND GENERAL NOTES 1. A metes and bounds description of even survey date herewith accompanies this plat of survey. 2. Bearing system for this survey is based on a bearing of 7983 (2011 adjustment), North Central Zone 4202, based on observations made on March 18, 2024. BEING A PORTION OF LOT 3R-1 R-1, BLOCK 1 RIVER PLAZA COMPLEX AN ADDITION TO THE CITY OF FORT WORTH, TEXAS Westwood The undersigned, Registered Professional Land Surveyor, hereby certifies that this plat F��'• j TF� of survey accurately sets out the metes and ERFa•y� bounds of the easement tract described. MICHAEL Al LAW;.................. IS, JR. 5773 ..P .... 2/11/2024 O E 9�O • SS S Michael Larry ewis, Jr. (/ Date Registered Professional � / Land Surveyor No. 5773 Phone (817) 953-2777 500 WEST 7TH STREET, STE 1300 FORT WORTH, TX 76102 wertwoodps.com Westwood Professional Services. Inc. TBPELS ENGINEERING FIRM REGISTRATION NO. 11756 TBPELS SURVEYING FIRM REGISTRATION NO. 10074301 EASEMENT ENCROACHMENT AGREEMENT PAGE NUMBER: 2OF2 DATE: DEC.2024 z w LU Q z LU v a 0 v z w z LU tA Q w PROJECT NUMBER: R0052407.00 EXHIBIT "A" EASEMENT ENCROACHMENT AGREEMENT Part of Lot 3R-1 R-1, Block 1 River Plaza Complex Adam Vogt Survey, Abstract No. 1586 City of Fort Worth, Tarrant County, Texas DESCRIPTION, of a 155 square foot (0.004 acre) tract of land situated in the Adam Vogt Survey, Abstract No. 1586, City of Fort Worth, Tarrant County, Texas; said tract being part of Lot 3R-1 R-1, Block 1, River Plaza Complex, an addition to the City of Fort Worth according to the plat recorded in Instrument No. D216158999 of the Official Public Records of Tarrant County; said 155 square foot (0.004 acre) tract being more particularly described as follows (bearing System for this survey is based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone 4202, based on observations made on March 18, 2024 with a combined scale factor of 1.00012); COMMENCING, at a 1/2-inch iron rod with yellow cap stamped " PACHECO KOCH" found at the southwest corner of said Lot 3R-1 R-1 and being in the east right -of -line of University Drive, a variable width right-of-way. Said point being the beginning of a curve to the left; THENCE, along said curve to the left, departing said east line of University Drive and along the south line of said 3R-1 R-1, having a radius of 120.12 feet, a central angle of 24 degrees, 46 minutes, 46 seconds, an arc length of 51.95 feet, and a chord bearing and distance of North 77 degrees, 45 minutes, 29 seconds East, 51.55 feet to an "X"-cut found for angle point; THENCE, South 66 degrees, 50 minutes, 08 seconds East, continuing along said south line of Lot 3R-1 R- 1, a distance of 273.06 feet to the POINT OF BEGINNING; THENCE, North 23 degrees, 09 minutes, 52 seconds East, a distance of 3.22 feet to a point for corner; THENCE, North 68 degrees, 09 minutes, 52 seconds East, a distance of 11.46 feet to a point for corner; THENCE, South 66 degrees, 50 minutes, 08 seconds East, a distance of 14.14 feet to a point for corner; THENCE, South 68 degrees, 09 minutes, 52 seconds West, a distance of 16.01 feet to a point for corner; THENCE, North 66 degrees, 50 minutes, 08 seconds West, a distance of 10.92 feet to the POINT OF BEGINNING; CONTAINING: 155 square feet or 0.004 acres of land, more or less. (A survey plat of even survey date herewith accompanies this description.) The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the easement tract described. 12/19/2024 Michael Larry Lewis, Jr. Date Registered Professional Lan urveyor No. 5773 Westwood Professional Services, Inc. 500 W. 7th Street, Fort Worth, TX 76177 (817) 412-7155 TX Reg. Surveying Firm LS-10074301 R0052407.00 EX3_Lega I. doc R0052407.00EX3.dwg AMB PAGE 1 OF 2 �. s F rF ,�P,.•G � r f,q •.;1,9 . ......LARRY LEWIS..... v.. 5773 .yo•.ESS���-t SUR © 2017 Westwood Professional Services, Inc. 0' 60' 120' L//VE TABLE L//VE BEAR//VG LENGTH L1 N 23009'52" E 3.22' L2 N 68009*52" E 11.46' L3 S 66050'08" E 14.14' L4 S 68009'52" W 16.01' L5 N 66050'08" W 10.92' LEGEND EXHIBIT "B" UNI VERSI TY DRI VE (VARIABLE WIDTH RIGHT-OF-WAY) POINT OF COMMENCING IRF(C.M) I 10' UTILITY AND DRAINAGE EASEMENT 388-131, PG. 5) LOT 3R-1R-1, BLOCK 1 1 RIVER PLAZA COMPLEX A-24046'46" \ (INST. NO. D216158999) R-120.12' FW RIVER PLAZA, L.P. Lm51.95' \ (INST. NO. D208072150) T=26.39' (INST. NO. D208072151) CB=N 77045'29" E \ (INST. NO. D208072152) CD-51,55' \ LOT 3—A-3, BLOCK 1 XFti RIVER PLAZA COMPLEX (C.M.) (VOL 388-131 PG 5) / "Op / WESTBEND SOUTH, L.P. "O�" o 14J4 (INST. NO. D216093037) O QQ 0"�� `V Qa 20. POINT OF 0 / zo BEGINNINGa, it. Na�� EASEMENT ENCROACHMENT AGREEMENT 155 S.F. (0.004 ACRES) PROPOSED EASEMENT LINE PROPERTY LINE EXISTING EASEMENT LINE IRF 1/2" IRON ROD WITH YELLOW "PACHECO KOCH" CAP FOUND XF 'X"-CUT FOUND GENERAL NOTES 1. A metes and bounds description of even survey date herewith accompanies this plat of survey. 2. Bearing system for this survey is based on a bearing of 7983 (2011 adjustment), North Central Zone 4202, based on observations made on March 18, 2024. BEING A PORTION OF LOT 3R-1 R-1, BLOCK 1 RIVER PLAZA COMPLEX AN ADDITION TO THE CITY OF FORT WORTH, TEXAS Westwood 5 The undersigned, Registered Professional Land Surveyor, hereby certifies that this plat G S T ERF �.qs of survey accurately sets out the metes and bounds of the easement tract described. MICHAEL LARRY LEWIS, JR. . . � ::................ • A 5773:• /2024 ••S U R Michael Larry Lewis, Jr. Date Registered Professional Land Surveyor No. 5773 Phone (817) 953-2777 500 WEST 7TH STREET, STE 1300 FORT WORTH, TX 76102 wwMNoodpL— wastwood Pmfa choral SwviM Inc TBPELS ENGINEERING FIRM REGISTRATION NO. 11756 TBPELS SURVEYING FIRM REGISTRATION NO. 10074301 EASEMENT ENCROACHMENT AGREEMENT PAGE NUMBER: 2OF2 DATE: DEC.2024 I— z w LU a z LU a 0 V z w z L1J PROJECT NUMBER: R0052407.00 #1 - ENCROACHMENT PRIVATE STORM CONNECTING TO PUBLIC STORM J IS. UNIVERSITY DR -I [7 15' UTILITY AND DRAINAGE EASEM';NT (VOL. 388-131, I ;_ 5) EXISTING 18" STORM (PUBLIC) - - - - -- o - R.O.W LINE X. 4SANITARY SEWER (PUBLIC) _[ F ,4" STORM (PI IRI ICl 7/-/777ll � WS 560 550 545 HORIZONTAL SCALE: 1 "=40' VERTICAL SCALE; 1"=41' I � PP OP- GRADE I UE Ex. GR i \--40—LF OF 18" RCP ( 2.n T L OF 18- RCP @ 2, 96 B LF OF 18` RCP @ 2.DO% M a G' X— W -71 -0+50 0+00 1+00 STORM LINE A STA. -0+50 TO STA. 1 +00 PRIVATE Z O GRAPHIC SCALE IN FEET 0 �� 565 560 Ad4 550 ME #2 - ENCROACHMENT PRIVATE STORM CONNECTING TO PUBLIC STORM HORIZONTAL SCALE; 1"=40' VERTICAL SCALE. 1"=4' - 575 wv® m ro icv 570 570 // FH v I3 0 n w Icv®®® WATER EMEi T. D PRP GRADE 565 I- 1 ME E ACCESS - I I Ar I sbo UTILIT ND DRAINAGE I / ST. 0. 4111486) o , / (INS 0. D215072927) 555 I I 555 41 18STORM 0 19 25%A �Z LF OF PROP SED E) 18" STORM (PRIVAA / � j 550 oI t 550 545 I I 545 II 540 1 1540 -0+50 0+00 0+75 Z 0 GRAPHIC SCALE IN FEET 0 1.5 .0 60 STORM LINE B STA. -0+50 TO STA, 0+75 PRIVATE #3 - ENCROACHMENT PRIVATE STORM CONNECTING TO PUBLIC STORM HORIZONTAL SCALE: 1"=40' VERTICAL SCALE: 1 "=4' 575 575 (COF'OS D 1 " STORM 'RATE) R 26' �Rq/N T/C/TY (//VST q cE E qN� N0. SE o2j� ME 86) 570 565 560 555 550 545 - C54 570 565 500 555 550 545 540 540 -0+50 0+00 0+76 STORM LINE C STA. -0+50 TO STA. 0+75 PRIVATE Z 0 GRAPHIC SCALE IN FEET 0 15 30 60 EXHIBIT B Franchise Utility Letters Tier II Easement Encroachment Agreement Page 12 of 13 Updated 2024 a t & t Date: November 13`h, 2024 Trademark Property Company Re: 15' Utility and Drainage Easement Overhang Encroachment (as shown on plat recorded in Volume 388-131, page 005): 1701 S. University Dr., Lot 3-A-3, Block 1, River Plaza Complex, City of Fort Worth, Texas Dear Trademark: have received your request to build a mixed -use project at the above referenced location. A portion of that project will contain multifamily units with balconies on the third floor and higher that overhangs the 15' Utility and Drainage Easement. These overhangs are above 20 feet from the existing grade. This overhang is acceptable to AT&T, if the overhang remains at or above 20' from the existing grade. It is not the intent of this letter to waive any rights granted to AT&T in said easement except to permit this overhang set out herein above. AT&T shall continue to have unrestricted access to, on, and across the easement. lff,�4ell YNOOt Sincerely, Mike Smoot AT&T 1116 Houston St. Flr 14 Fort Worth, TX 76102 817-223-2245 .�TMOS energy December 11, 2024 Trademark Property Company 1701 River run, Suite 500 Fort Worth, Texas Re: Project —15' Utility and Drainage Easement Overhang Encroachment (as shown on plat recorded in Volume 388-131, page 005): 1701 S. University Dr., Lot 3-A-3, Block 1, River Plaza Complex, City of Fort Worth, Texas Dear Trademark Property Company, Atmos Energy has reviewed and approves the proposed Roof Eve (20' above existing grade) encroachment protruding into the 15' Utility and Drainage Easement (Volume 388-131, page 005) at 1701 S. University Dr., Lot 3-A-3, Block 1, River Plaza Complex, City of Fort Worth, Texas ad depicted in the attached "Exhibit A". Please contact 811 to have our pipeline located at least 3 days (72 hours) prior to construction. Atmos Energy requires a representative to be on -site during construction or earth movement for safety reasons and to avoid any delays in your field activities. Damage Prevention Specialist Jessie Berry (682) 201-6878. Please let me know if you need further assistance. Kind Regards, AV-4,t 4x� Mariko Alfonso Right of Way Agent, 1 469.301.4122 Mariko.alfonso(@.AtmosenerQv.com Atmos Energy Corporation 5420 LBJ Freeway, Dallas, Texas 75240 Date: 11 /18/2024 Customer/Property Owner: Street Address: City / State / Zip WestBend South, L.P. 1701 S University Drive Fort Worth, TX 76107 NC R Re: 2024-6646 UE Encroachment — Lot 3-A-3, Block 1, River Plaza Complex, an addition to the City of Fort Worth, as recorded in Volume 388-131, Page 005, Plat Records, Tarrant County, Texas WestBend South, L.P: I have received your request to construct and utilize a permanent structure overhang of balconies attached to a multi -level building ("Encroaching Facility") at the above referenced location. A portion of the proposed encroaching facility will be in the same Right -of -Way as Oncor Electric Delivery Company facilities. User may locate the Encroaching Facility in the right of way area, but only as described and shown on the attached drawing marked Exhibit "A" and incorporated herein at no time should any electrical source box (transformer, hand -hole or pedestal) be fenced in or encroached upon. Oncor has facilities located within the above -mentioned property. It is not the intent of this letter to waive any rights granted to Oncor in said right -of way except to permit this encroachment set out hereinabove. Also, this letter is not intended to release the builder of this encroachment, or the present owner, or future owners of the property from any liability arising out of the location of this encroachment. Oncor shall continue to have unrestricted access to, on and across the right of way. It is understood by owner, that when the electrical facilities in the area need repaired, replaced or upgraded, it will be owner's responsibility to remove any obstruction that interferes with Oncor's ability to perform the necessary work. Oncor maintains the right to utilize the entire right of way for its needs, and will not be responsible for any damages. Owner acknowledges and understands that Oncor maintains overhead and/or underground electrical facilities within the right of way. State law requires contacting Dig Tess by calling 811 for underground equipment to be located at least two (2) days before you dig. Dig Tess does not mark a precise location but is usually within four (4) feet of the actual location. Owner agrees to exercise extreme caution with respect to such electrical facilities. Please sign below confirming that you understand and agree to the requirements and return a signed copy back to me for my records. If you have any questions or need additional information, please contact the Oncor office at (817)215.5301. Sincerely, Ally B ancur Right of Way Analyst. Chad A. Colley - Multifamily Partner (Date) Spectrum► October 28, 2024 H TRADEMARK Mike Nunez Senior Associate, Multifamily/Mixed-Use Trademark Property Company 2402719771 mnunez@trademarkproperty.com Enhancine Communities & Enrichine Lives @ in 0 SUBJECT: Utility Coordination Letter 1701 S. University Drive Fort Worth TX We have reviewed your request for the above referenced property, and Spectrum Communications hereby states there are no objections with the proposed construction at 1701 S. University Drive Fort Worth TX. 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, ?4-4�-t 0LC'-cVtd-Z' Charter pectrumoio Jessie Acevedo I Business Development Specialist I (C) 469 595-3004 1565 Chenault St, Dallas TX ,75228 EXHIBIT C Certificate of Insurance Tier II Easement Encroachment Agreement Page 13 of 13 Updated 2024 Signature: kebecca owm Rebecca Owen (Jun 27, 2025 16:39 CDT) Email: rebecca.owens@fortworthtexas.gov