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HomeMy WebLinkAboutContract 63605Date Received: 7/3/2025 Time Received: 12 : 36 p.m. Record Number: PN25-01111611 City Secretary No.: 63605 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER 11 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 Mercantile Partners, L.P., a Texas limited partnership ("Licensee"), acting by and through its duly authorized representative. RECITALS WHEREAS, Licensee is the owner of the real property located at 3200 Northern Cross Blvd, Fort Worth, Texas 76137 ("Property"), being more particularly described as Block 6, in Northern Crossing Addition, Phase 1, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Deed Records, Volume 388-202, Page 69; and WHEREAS, the City owns a drainage and utility easement (the "Public Property") adjacent to the Property, dedicated by plat, depicted on the final plat of the property, which plat is recorded in the plat records of Tarrant County in Volume 388-202, Page 69; 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 storm drain (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment Tier 11 Easement Encroachment Agreement OFFICIAL RECORD Page 1 of i I CITY SECRETARY Revised 121202 FT. WORTH, TX 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." 9 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 unti 1 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 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. H 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, to the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department or their duly authorized representative. Any such removal of the Encroachment shall be in accordance with then -existing City regulations and policies. It is understood and agreed Tier It Easement Encroachment Agreement Page 2 of l 1 Revised 12/202 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. b. 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 as hereafter described 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. S. 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 Tier I Easement Encroachment Agreement Page 3 of 1 l Revised 12/202 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 ❑FFICERS, 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 or have already revised 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 Tier II Easement Encroachment Agreement Page 4 of I 1 Revised 12/202 real property records of the county in which the Encroachment is located. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. 12. Licensee agrees to comply fully with all applicable federal, state, and local laws, statutes, ordinances, codes, and regulations in connection with the construction, operation, and maintenance of the Encroachment and use of the Public Property. 13. Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for by this Agreement or by any federal, state, or local statute, law, or regulation. 14. Licensee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant, or employee of City, and Licensee shall have exclusive control of and the exclusive right to control the details of its operations, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. The doctrine of respondeat superior shall not apply as between City and Licensee, its officers, agents, servants, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Licensee. 15. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain, and locate the Encroachment over or within the Public Property and is not a conveyance of any right, title, or interest in or to the Public Property, nor is it meant to convey any right to use or occupy property in which a third -party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. 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. Tier 11 Easement Encroachment Agreement Page 5 of 11 Revised 12/202 1$. Licensee covenants and agrees that it will not assign all or any of its rights, privileges, or duties under this Agreement without the written approval of the City, and any attempted assignment without such written approval shall be void. In the event Licensee conveys the Property, Licensee may assign all of its rights and obligations under this Agreement to the new owner of the Property, and Licensee shall be deemed released from its duties and obligations hereunder upon City's approval in writing of such assignment. which approval shall not be unreasonably conditioned or withheld. Foreclosure by a secured lender of Licensee or assignment to a secured lender by Licensee in the event of default or otherwise shall not require City approval provided that said lender notifies City in writing within sixty (60) days of such foreclosure or assignment and assumes all of Licensee's rights and obligations hereunder. However, no change of ownership due to foreclosure or assignment to any secured lender of Licensee shall be effective as to City unless and until written notice of such foreclosure or assignment is provided to City. 19. Prior to the end of the term of this Agreement, Licensee may submit a new encroachment application to the City. The City will not unreasonably withhold or delay approval of such application provided that the Encroachment follows the then current City codes and compliance. 20. Any cause of action for breach of this Agreement shall be brought in Tarrant County, Texas. This Agreement shall be governed by the laws of the State of Texas. PAN 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 11 Easement Encroachment Agreement Page b of 11 Revised 12/202 EXECUTED to be effective on the date signed by the City's Director of Development Services Department City: CITY OF FORT WORTH zz-_-- By: Dalton Harrell Wu13,202508:09CDT) D. J. Harrell Director, Development Services Department Date: ATTEST: aoggn p°OVF�RT pV o�a =d �\��t, 1J 3dIIn nEXAsoap Jannette Goodall, City Secretary Approved As To Form and Legality 1-{ye 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. I© Rebecca Owen (Jun 30, 2025 11:56 CDT) Rebecca Owen Development Services Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier 11 Easement Encroachmcn( Agreement Page 7 of I I Revised 12/202 Licensee: Mercantile Partners, L.P. a Texas limited partnership by: Mercantile Corporation of Fort Worth a Texas Corporation its gene artner By. Name. Brian Randolph Title: President Date: f!, - 2(0 • )'S STATE OF 1� e. X c1S § COUNTY OF 1 r § BEFORE ME, the undersigned authority, a Notary Public in and for the State of �, on this day personally appeared Brian Randolph, President (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 Mercantile Partners, L.P., a Texas limited liability company (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this C? day of ;:yV bj!e , 2025. Notary Public in and for the State of —T�LXa5 Tier If Easement Encroachment Agreement PAULA CASTANEDA l*pY pLg- 4�R..n�Notary Public, State of Texas s0%"_ Comm. Expires 09.18-2028 Notary ID 126663582 .j Page 8 of 1 I Revised 12/202 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 CINDER MY HAND AND SEAL OF OFFICE this 3rd day of Julyh , 2025. EIII 4niiz����'. O l ` �� co Notary Public in and for the State of Texas _ ; = NET CO = = ••':!p F OF 9ar Tier II Easement Encroachment Agreement Page 9 of 1 l Revised 12/202 EXHIBIT A Depiction and description of the Encroachment Tier If Easement Encroachment Agreement Page 10 of E 1 Revised 12/202 DEVELOPER: SCANNELL PROPERTIES 8201 PRESTON RD SU ITE 725 DALLAS, TEXAS 75225 CONTACT: CHARLE s KNOW -TON PHONE: 214-60B-7933 � a r o N RJ m r Z C U 0: W «t MEACHAM BLVD VICINITY MAP MAPSCO PAGE 50J COUNCIL DISTRICT NO. 2 1 AT€ON s �tuuaum urt CLAY AVE CARGILL FOOD DISTRIBUTION CPN. 106127 DATE: FEBRUARY 2025 muT TO SCALE i VI�@S�YYDOR� r.eneu r,.l. I.A 9800 HILLWOOD PARKWAY SUITE 250 FORT WORTH, T# 76177 CONTACT: Kale LAbtm PHONE: 361 -4p$SI3D EXHIBIT "A" EASEMENT ENCROACHMENT AGREEMENT Part of Block 6, Northern Crossing Phase I David Odum Survey, Abstract No.1184 City of Fort Worth, Tarrant County, Texas DESCRIPTION, of a 577 square foot (0.013 acre) tract of land situated in the David Odum Survey, Abstract No. 1184. City of Fort Worth, Tarrant County, Texas, said tract being part of Block 6, Northern Crossing Phase I, an addition to the City of Fort Worth according to the plat recorded in Volume 388-202, Page 69 of the Plat Records of Tarrant County, Texas; said tract also being part of thattract of land described in Special Warranty Deed to Mercantile Partners, L.P. recorded in Volume 14482, Page 371 of the Deed Records of Tarrant County, Texas, said 577 square foot (0.013 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 6, 2025 with a combined scale factor of 1.00012), COMMENCING, at a 112-inch iron rod found in the west right-of-way line of North Beach Street (a 100-foot wide right-of-way) for the southeast corner of said Block 6; THENCE, South 89 degrees, 34 minutes, 51 seconds West, departing said west line of North Beach Street and along the south line of said Block 6, a distance of 1,126.41 feet to a 1/2-inch iron rod with "WESTWOOD PS" cap found at the southeast corner of an existing Drainage and Utility Easement recorded in said Northern Crossing Phase I; THENCE, Along the east line of said existing Drainage and Utility Easement, the following three (3) calls; North 03 degrees, 23 minutes, 02 seconds West, departing said south line of Block 6, a distance of 227.78 feet to a 112-inch iron rod with "WESTWOOD PS" cap found for an angle point, North 00 degrees, 30 minutes, 40 seconds West. a distance of 143.00 feet to a 1/2-inch iron rod with "WESTWOOD PS" cap found for an angle point; North 00 degrees, 59 minutes, 53 seconds West, a distance of 175.95 feet to the POINT OF BEGINNING; THENCE, Due west, departing said east line of existing Drainage and Utility Easement, a distance of 38.58 feet to a point for corner. THENCE, Due North, a distance of 15.00 feet to a point for corner; THENCE, Due East, a distance of 38.31 feet to a point for corner in said east line of existing Drainage and Utility Easement; THENCE, South 00 degrees, 59 minutes, 53 seconds East, a distance of 15.00 feet to the POINT OF BEGINNING; CONTAINING: 577 square feet or 0.013 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 encroachment tract described. ,J,,, -" -- C. 2 0 2 5 - 0 4 - 0 8 Dustin C. Pustejovsky Date Registered Professional Land Surveyor No. 6690 Westwood Professional Services, Inc. 9800 Hillwood Parkway, Suite 250, Fort Worth, TX 76177 (817) 562-3350 TX Reg. Surveying Firm LS-10074301 RO058325.00EX3_ Legal.doc R0058325.40EX3.dwg GAL PAGE 1 OF 2 CE• D F T� %� 9F f'�en DU5TIN•C. PUSTEJOYSKY 6690 ..� 551�E� SIlR N pii N eq J C] EASEMENT ENCROACHMENTI EXHIBIT "B" AGREEMENT 577 SF (0.013 ACRES) PART OF BLOCK 6 NORTHERN CROSSING PHASE I ❑UEE.4ST (VOL. 388-202, PG. fig) 38.3 7 f; MERCANTILE PARTNERS, L.P. m (VOL. 14482, PG. 371) a$ �,-g w� in^ o / / POINT OF DUE WESr BEGINNING 38.58 tnMm m Ln n rr ❑a z 712-INCN IRON ROD WI 'WESTWOOD Ps" CAP FOUND (CM.) 3 DRAINAGEAND UTILITYE.4SEMENT I (VOL 388-202, PG. 69) 0 0l 0 r7 y z _ 7/2-INCH IRON ROD W/ "WESTWOOD PS' C4P FOUND (C.M) 3 in r N n S 89034'51" W 1.126.41' - L 7/2-INCH IRON ROD W/ "WESTWOOD PS" CAP FOUND (C.M.) 1 " = 20' 0' 20 40' 60' The undersigned, Registered Professional Land Surveyor, hereby certifies that this plot of survey accurately sets out the metes and bounds of the easement encroachment tract described. .( DUSTIN C. PUSTEJOVSKY o�vf.� _ 2025-04-0s-;Q� sssa P.,:Q. Dustin FC. Pustejovs y Date Registered Professional �� S+UR�j� Land Surveyor No. 6690 PART OF BLOCK F WeAwood NORTHERN CROSSING Phone 1aV)562-Wo QR06 HILLWOOD STE 25P PHASE I �, FORWORTH, TX 6 CITY OF FORT WORTH, -- TARRANT COUNTY, TEXAS 10PEUEENNGIINNEENNPGF RIGISmTRAiTNKO.]i7S5 '8PE15 511RVEYING FIRM REGZ7RAMN NO. 10074301 712 INCH IRON ROD FOUND (CM.) porlvr OF — COMMENCING LOT 1R, BLOCK 5R NORTH STAR ADDITION (CAB. A, SL_ 9489) ` h u LEGEND z O POINT FOR CORNER I k.1 LU EASEMENT LINE PROPERTY LINE — — — — — — PROPOSED EASEMENT LINE z (CM.) CONTROLLING MONUMENT g x GENERAL NOTES 0 1. A metes and bounds description Of even survey date u herewith accompanies this plat of survey. w 2. Searing system for this survey is based on a bearing z of 1983 (2077 adjustment), North Central Zone w 4202, based on observations made on March 6, 2025 w with a combined scale factor of 7,00072. PAGE NUMBER. EASEMENT ENCROACHMENT 2 OF 2 AGREEMENT DATE: APR 2025 PROJECT NUMBER; R0058325.00 EXHIBIT "A" EASEMENT ENCROACHMENT AGREEMENT Part of Block 6, Northern Crossing Phase I David ❑dum Survey, Abstract No.1184 City of Fort Worth, Tarrant County, Texas DESCRIPTION, of a 504 square foot (0.012 acre) tract of land situated in the David Odum Surrey, Abstract No. 1184, City of Fort Worth, Tarrant County, Texas; said tract being part of Block 6, Northern Crossing Phase I, an addition to the City of Fort Worth according to the plat recorded in Volume 388-202, Page 69 of the Plat Records of Tarrant County, Texas; said tract also being part of that tract of land described in Special Warranty Deed to Mercantile Partners, L.P. recorded in Volume 14482, Page 371 of the Deed Records of Tarrant County, Texas; said 504 square foot (0.012 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 6, 2025 with a combined scale factor of 1.00012)t COMMENCING, at a 1/2-inch iron rod found in the west right-of-way line of North Beach Street (a 100-foot wide right-of-way) for the southeast corner of said Block 6; THENCE, South 89 degrees; 34 minutes, 51 seconds West, departing said west line of North Beach Street and along the south line of said Block 6, a distance of 1,126.41 feet to a 1/2-inch iron rod with "WESTWOOD PS" cap found at the southeast corner of an existing Drainage and Utility Easement recorded in said Northern Crossing Phase I; THENCE, North 03 degrees, 23 minutes, 02 seconds West, departing said south line of Block 6 and along the east line of said existing Drainage and Utility Easement, a distance of 95.13 feet to the POINT OF BEGINNING; THENCE, South 89 degrees, 34 minutes, 51 seconds West, departing said east line of existing Drainage and Utility Easement, a distance of 34.00 feet to a point for corner; THENCE, North 00 degrees, 25 minutes, 09 seconds West, a distance of 15.00 feet to a point for corner; THENCE, South 89 degrees, 34 minutes, 51 seconds East, a distance of 33.22 feet to a point for corner in said east line of existing Drainage and Utility Easement; THENCE, South 03 degrees, 23 minutes; 02 seconds East, a distance of 15.02 feet to the POINT OF BEGINNING; CONTAINING: 504 square feet or 0.012 acres of land, more or less. (A survey plat of even survey date herewith accompanies this description.) The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the easement encroachment tract described. 0 F p� 2425-04-08 Nli5iIN C. Pll5iij6V' CY Dustin C. Pustejovsk Date 66go Registered Professional Land Surveyor No. 6690 q �o� Westwood Professional Services, Inc. �� • sit g `I 9800 Hillwood Parkway, Suite 250, Fort Worth, TX 76177 4,00 (817) 562-3350 TX Reg. Surveying Firm LS-10074301 R0058325.00EX2_ Legal.doc R0058325.00EX2.dwg GAL PAGE 1 OF 2 Pi g O� N XE zz J E9 } EXHIBIT "B" 1 DRAINAGE AND UTILITY EASEMENT ( (VOL. 388-202, PG. 69) 1 ` } PART OF BLOCK 6 N89'34'57'E NORTHERN CROSSING PHASE I 33.22 (VOL. 388-202, PG. 69) / MERCANTILE PARTNERS, L.P. (VOL. 14482, PG. 371 ) S� �IL- POINTOF z � 589°34'5 l"W BEGINNING 34-00 EASEMENT ENCROACHMENT AGREEMENT 504 5F (0.012 ACRES) 4 o � z S OV34'51" W 1.126,41' 112-INCH IRON ROD W/ "WESTWOOD Ps" CAP FOUND C.M.) 1 " = 20- 0' 20 40' 60' The undersigned, Registered Professional Land Surveyor, hereby certifies that this plat of survey accurately sets out the metes and hounds of the easement encroachment tract descrihed. Al D.Uii.N.6 PUSTEJ0V5}tY Dustin C. Pustejovsky Date '9 ..........'0 Registered Professional �oSUM Land Surveyor No. 6690 PART OF BLOCK 6 W&AW CW NORTHERN CROSSING PHASE I Phone jB17j5fi2�1350 9a[ID HILLWOOO PKwr., STE xs0 FORT WORTH, TX 76177 CITY OF FORT WORTH, w---dpL— TARRANT COUNTY, TEXAS TOP ELKS EENGaE ERIN REIGISTTRryATI�ON NO.11755 T6?EL5 5URVEYING FIRM RE05TRATLON NO. 1w0 101 I 7/2-INCH IRON ROD FOUND KM.] � POINT of � -- COMMENCING LOT 1 R, BLOCK 5R NORTH STAR ADDITION (CAB. A, SL. 9489) ` LEGEND F z 0 POINT FOR CORNER JJ r FOUND MONUMENT (SEE LABEL) ,u„ EASEMENT LINE PROPERTY LINE — — — PROPOSED EASEMENT LINE Zi (CM.) CONTROLLING MONUMENT g GENERAL NOTES a 1. A metes and bounds description of even survey date herewith accompanies this plat of survey. W 2. Bearing system for this survey is based on a bearing z of 7983 (2011 adjustment), North Central Zone 4202 based on observations made on March 6, 2025 N with a combined scale factor of T.000T2. 4 PAGE NUIMBER7 EASEMENT ENCROACHMENT 2 of 2 AGREEMENT DATE: APR 2025 PROJECT NUMBER: R0058325.00 J Ex -A -- — EX-B PROPERTY BOUNDARY I I I 1 � I MERCANTILE PARTNERS LP or NORTHERN CROSSING z ADDITION BLOCK 6 LOT A A m I Lu CL a O1 p a fa Phone t917:562-MO 9000 Hnl-e Parkway, Suft 250 rdFr m mea987,sim mnwerth, TX ie177 Vftvhv od huhmk P.l s me hW PEGISTMnM NO F-��tsc mWi .KI�iaRnav—iooA- j PROPERTY BOUNDARY N BEACH STREET J m U z w a z I EASEMENT ENCROACHMENTS OVERALL SITE PLAN 111 DRAWN BY I CHEC�K�ED BY I SCALE 1 0 � � PROJECT NO. JA J I � f 1 � r FEMA FLOODWAY — �� r - —— — / IBC 10' FLOODPLAIN r �� �7� — , — — -BUFFER —_—----------- ''---r------- EX CONC CHANNEL v PROP. 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