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HomeMy WebLinkAboutContract 63686Date Received: 7/21 /2025 Time Received: 9.00 a.m. Record Number: PN25-00076 City Secretary No.: 63686 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER 1I 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 Northwest Independent School District, an Texas independent school district ("Licensee"), acting by and through its duly appointed superintendent. RECITALS WHEREAS, Licensee is the owner of the real property located at 1350 & 1069 Eagle Blvd, Fort Worth, Texas 76052 ("Property"), being more particularly described as, Lot 1-R, Block 1, & Lot 1, Block 3, of NISD High School No. 3 Addition, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Deed Records, by Instrument Numbers D211209458 and D208092668; and WHEREAS, the City owns a drainage and two sanitary sewer easements (the "Public Property") adjacent to the property, dedicated to the City by easements filed in the Tarrant County Deed Records as Instrument Numbers D213237194, D218192106, and D2013280390, as depicted on the final plat of the property (FP-015-0130), which plat is recorded in the plat records of Tarrant County as Instrument Number D218192106; 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 Tier II Easement Encroachment Agreement OFFICIAL RECORD Page 1 of 12 CITY SECRETARY Revised 12/2022 FT. WORTH, TX on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing, installing, and maintaining private storm sewer lines (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, 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 Tier II Easement Encroachment Agreement Page 2 of 12 Revised 12/2022 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. 11 In order to defray all costs of inspection and supervision which the City has incurred or will incur as a result of the construction, maintenance, inspection or management of the Encroachment and use of Public Property as provided for by this Agreement, Licensee agrees to pay to City at the time this Agreement is requested an application fee in the sum of One Thousand Twelve Dollars and Fifty Cents ($1012.50). 7. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by City. However, the City may terminate this Agreement upon Licensee's noncompliance with any of the terms of this Agreement. City shall notify Licensee in writing of any such noncompliance and if Licensee does not cure the noncompliance within thirty (30) days of notice from City, the City may terminate this Agreement. However, the City may, at its sole option, allow the Agreement to remain in effect so long as Licensee has taken reasonable measures to cure the noncompliance or is continuing to diligently attempt to remedy the noncompliance. 8. It is further understood and agreed between the parties hereto that the Public Property to be used and encroached upon is held by City as trustee for the public; that City exercises such powers over the Public Property as have been delegated to it by the Constitution of the State of Texas or by the Texas Legislature; and that City cannot 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. Tier II Easement Encroachment Agreement Page 3 of 12 Revised 12/2022 9. TO THE EXTENT ALLOWED BY LAW, 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 "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. Tier II Easement Encroachment Agreement Page 4 of 12 Revised 12/2022 11. Licensee agrees to deposit with the City when this Agreement is executed a sufficient sum of money to be used to pay necessary fees to record this Agreement in the real property records of the county in which the Encroachment is located. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. 12. Licensee agrees to comply fully with all applicable federal, state, and local laws, statutes, ordinances, codes, and regulations in connection with the construction, operation, and maintenance of the Encroachment and use of the Public Property. 13. Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for by this Agreement or by any federal, state, or local statute, law, or regulation. 14. Licensee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant, or employee of City, and Licensee shall have exclusive control of and the exclusive right to control the details of its operations, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. The doctrine of respondeat superior shall not apply as between City and Licensee, its officers, agents, servants, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Licensee. 15. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain, and locate the Encroachment over or within the Public Property and is not a conveyance of any right, title, or interest in or to the Public Property, nor is it meant to convey any right to use or occupy property in which a third -party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. 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. Tier II Easement Encroachment Agreement Page 5 of 12 Revised 12/2022 17. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. 18. Licensee covenants and agrees that it will not assign all or any of its rights, privileges, or duties under this Agreement without the written approval of the City, and any attempted assignment without such written approval shall be void. In the event Licensee conveys the Property, Licensee may assign all of its rights and obligations under this Agreement to the new owner of the Property, and Licensee shall be deemed released from its duties and obligations hereunder upon City's approval in writing of such assignment, which approval shall not be unreasonably conditioned or withheld. Foreclosure by a secured lender of Licensee or assignment to a secured lender by Licensee in the event of default or otherwise shall not require City approval provided that said lender notifies City in writing within sixty (60) days of such foreclosure or assignment and assumes all of Licensee's rights and obligations hereunder. However, no change of ownership due to foreclosure or assignment to any secured lender of Licensee shall be effective as to City unless and until written notice of such foreclosure or assignment is provided to City. 19. Prior to the end of the term of this Agreement, Licensee may submit a new encroachment application to the City. The City will not unreasonably withhold or delay approval of such application provided that the Encroachment follows the then current City codes and compliance. 20. Any cause of action for breach of this Agreement shall be brought in Tarrant County, Texas. This Agreement shall be governed by the laws of the State of Texas. 21. 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. Tier II Easement Encroachment Agreement Page 6 of 12 Revised 12/2022 [SIGNATURES APPEAR ON FOLLOWING PAGE] Tier II Easement Encroachment Agreement Page 7 of 12 Revised 12/2022 EXECUTED to be effective on the date signed by the City's Director of Development Services Department City: CITY OF FORT WORTH --1 _) By: Dalton Harrell (Jul 18, 202508:08 CDT) D. J. Harrell Director, Development Services Department Date: 9FO�n� Rr °Ba ATTEST: °oANd ono o=� '�� /� adIln °E4psgaa Jannette Goodall, City Secretary Approved As To Form and Legality Hye Won Kim Assistant City Attorney Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. ka� Kandice Merrick Development Services Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II Easement Encroachment Agreement Page 8 of 12 Revised 12/2022 Licensee: Northwest Independent School District a Texas independent school district /7 By: ! XJ /. T W-t v Name: Dr. Mark Foust Title: Superintendent Date: � --); - ) STATE OF tL A � § COUNTY OF BEFORE ME, the undersigned authority, a Notary Public in and for the State of -- fi)uks , on this day personally appeared Dr. Mark Foust, Superintendent (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 Northwest Independent School District, a Texas independent school district (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ?Jr day of t J •� l 1. - , 2025. L oy*�Y �Ls' JENNIFER R08ERTS : n Notary ID #10669430 Notary Publt in and for the , ` My Co gust 8, Expires � �' �}°F � August 8, 2025 State Tier II Easement Encroachment Agreement Page 9 of 12 Revised 12/2022 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared D. J. Harrell, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of the City of Fort Worth, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 18th day of July , 2025. %SPRY P�j��tcy Notary Public in and for the State of Texas 9 Q, i tC ••�3550gti• 0� Tier II Easement Encroachment Agreement Page 10 of 12 Revised 12/2022 EXHIBIT A Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page 11 of 12 Revised 12/2022 I ; I � I I � i sal I F-A I/II L_ � I swaoaw — Aa4Y .............. Elaur9oN — �_ ICI II II I nIIP4 II t�--s,. I AI�N II I`lill I l �ii II o.a�av M+O2AU• �.➢IFN• I I�EOWWO'011 �_ . su. ... EAGLE BLVD !.. N nglxvAlA11 NIVNII>tx I�tll ry+sywlKW l NOIE: caw v¢ � ncwlw srt Ir eolw to seslnnms onr eonawemn or � �;: � � � � n buetbn eteklns. a anal tre the .le-s ul`rz y Con4actor'a r e`o OIIIY to oct 1M1e � �a�sr y � sra. slu � � r n eiNl en nree pa^ b« n=••e I Nye t t Nenm''wx i auimnw of eenewmi IL — '` Lsiaalliu ununlUnNnn�il( nn'— �IIH i7t �-..i . TM' `.w.asoo- E+e�n R51• 1 i«f r PEOi51NAN •�,• ACCESS £ASEiEENi r .+ z� o-.lrx• - ' �Qo4. IEo-fISg9tV l i 1s++.+r ADAU pI `, IEpUO E "COL 5 _010- l r {� ENCROACMWENNT NO.2 �L Lff _tr as- 0 ® zso Crt.P,HIC SC LE • -100• — — 9UEDIHU XIBACI( IINf 74 PMNIHC SP,10E COWL _ �j owar• �/ ENCROACHMENT NO 1 i 1� �' W� 6'N <r-4 !•O_W-y— w r'° aI ArAw eiXlNt:wrralN:INi `""tiW •°�� PROPOSED OVERALL SITE PLAN VAM n nv, �l mall nllcu f.x�c runs .'x"(' V.R. EATON HIGH SCHOOL.STADIUM i ylil 3Sv I[3f olt -_L3{t_t,,.� rllr 'J CITY OFFORT NORTH. TEXAS .,SP02 I LINE TABLE I E BEARING DISTANCE LI S 89°57'58" W 11.04' 112 N 25001 '37" E 38.64' L3 N 89°5758" E 11.04' I L4 S 25°01'37" W 38.64' LOT 1, BLOCK 3 OF LOT 1-R, BLOCK 1, AND LOT 1, BLOCK 3 NISD HIGH SCHOOL NO. 3 ADDITION DOCUMENT NO. D2018192106 35' PUBLIC DRAINAGE EASEMENT P.R.T.C.T. DOCUMENT NO. D218192106 P. R. T. C. T. 10' ENCROACHMENT 35' SANITARY SEWER EASEMENT EASEMENT DOCUMENT NO. D213263572 386 SQ. FT. 0.P.R.T.C.T. ----------------------------- ------------4- ------------- — Li —CITY OF FORTH WORTH PERMANENT DRAINAGE FACILITY EASEMENT DOCUMENT NO. D213237194 0. P. R. T. C. T. ►" NORTH SCALE 1"-- 60' CIRF "4613" S 89"57'58" W 339.27' POINT OF POINT O.F BEGINNING ICOMMENCINiG U Q LOT 1, BLOCK 3 OF Q LOT 1-R, BLOCK 1, AND LOT 1, BLOCK 3 0 LL NISD HIGH SCHOOL NO. 3 ADDITION w of d DOCUMENT NO. D2018192106 v aw m 0� P. R. T. C. T. N o wui o QQo z w LEGEND CIRF = CAPPED 1/2" IRON ROD FOUND STAMPED (4613) D.R.T.C.T. = DEED RECORDS OF TARRANT COUNTY, TEXAS O.P.R.T.C.T. = OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS P.R.T.C.T. = PLAT RECORDS OF TARRANT COUNTY, TEXAS SURDUKAN SURVEYING, INC. ' P.O. BOX 126 ANNA, TEXAS 75409 , (972) 924-8200 TEXAS FIRM NO. 10069500 , SCALE 1" = 80' DATE, APRIL 23, 2025 10' ENCROACHMENT EASEMENT 1 LOT 1, BLOCK 3 OF LOT 1-R, BLOCK 1, AND LOT 1, BLOCK 3 NISD HIGH SCHOOL NO. 3 ADDITION CITY OF FORT WORTH TARRANT COUNTY, TEXAS SHEET 1 OF 2 JOB NO. 2024-77 LEGAL DESCRIPTION 10' ENCROACHMENT EASEMENT 1 BEING across Lot 1, Block 3 of Lot 1—R, Block 1, and Lot 1, Block 3, NISD High School No. 3 Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in Document No. D2018192106, Plat Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2" iron rod with yellow plastic cap stamped "4613" found for an internal ell corner along the south line of said Lot 1, said iron rod found being in the south line of a 35' Sanitary Sewer Easement described in Document No. D213263572 of the Official Public Records of Tarrant County, Texas, and said iron rod found also being the the northwest corner of the remainder of a called 168.242 acre tract of land conveyed to Jarvis and wife Pamela Porter, as recorded in Volume 12879, Page 126 of the Deed Records of Tarrant County, Texas; THENCE S 89'57'58" W with the south line of said 35' Sanitary Sewer Easement a distance of 339.27' to the POINT OF BEGINNING; THENCE S 89'57'58" W continuing with the south line of said 35' Sanitary Sewer Easement a distance of 11.04' to a point for corner; THENCE N 25'01'37" E across the said 35' Sanitary Sewer Easement a distance of 38.64' to THENCE N 89'57'58" E a distance of 11.04' to a point for corner in the north line said 35' Sanitary Sewer Easement; THENCE S 25'01'37" W across the said 35' Sanitary Sewer Easement a distance of 38.64' to the POINT OF BEGINNING, and containing 386 Square Feet or 0.009 acres of land. �.No. 4613 SURDUKAN SURVEYING, INC. ' P.O. BOX 126 ANNA, TEXAS 75409 (972) 924-8200 TEXAS FIRM NO. 10069500 SCALE 1 " = 80' DATE. APRIL 23, 2025 OF DAVID J. SURDUKAN 4613 10' ENCROACHMENT EASEMENT 1 LOT 1, BLOCK 3 OF LOT 1—R, BLOCK 1, AND LOT 1, BLOCK 3 NISD HIGH SCHOOL NO. 3 ADDITION CITY OF FORT WORTH TARRANT COUNTY, TEXAS SHEET 2 OF 2 JOB NO. 2024-77 I LINE TABLE I LINE BEARING DISTANCE Li S 89°57'58" W 11.04' L2 N 25°01 '37" E 22.95' N 30°02'02" W 16.30' IL3 L4 N 89°29 29" E 11.49' I L5 S j3:0T9?;' E " 15.85' I L6 S 5b0 3 W 23.48' LOT 1, BLOCK 3 OF LOT 1-R, BLOCK 1, AND LOT 1, BLOCK 3 NISD HIGH SCHOOL NO. 3 ADDITION DOCUMENT NO. D2018192106 P. R. T. C. T. 10' ENCROACHMENT 35' SANITARY SEWER EASEMENT EASEMENT DOCUMENT NO. D213263572 ,,)393 SQ. FT. O.P.R.T.C.T. _ L4 __ _______________________ ------------—L3 L5 — — 35' PUBLIC DRAINAGE EASEMENT — — — — — — — — — — — �— L2 Ls DOCUMENT N0. D218192106 P. R. T. C. T. POINT OF � 322' 99, 4613" ----------------�—BEGINNING ------------- — — — CITY OF FORTH WORTH PERMANENT DRAINAGE FACILITY EASEMENT DOCUMENT NO. D213237194 0. P. R. T. C. T. POINT OF COMMENCING ul Q N - LOT 1, BLOCK 3 OF a Q LOT 1-R, BLOCK 1, AND LOT 1, BLOCK 3 o g w NISD HIGH SCHOOL NO. 3 ADDITION w of V q� DOCUMENT NO. D2018192106 Q Q 00 N P. R. T. C. T. v w ui Q� �o u- o�o oQo z w NORTH SCALE 1 "= 80' LEGEND CIRF = CAPPED 1/2" IRON ROD FOUND STAMPED (4613) D.R.T.C.T. = DEED RECORDS OF TARRANT COUNTY, TEXAS O.P.R.T.C.T = OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS P.R.T.C.T. = PLAT RECORDS OF TARRANT COUNTY, TEXAS • • SURDUKAN SURVEYING, INC. P.O. BOX 126 ANNA, TEXAS 75409 (972) 924-8200 TEXAS FIRM NO. 10069500 SCALE 1 " = 80' DATE. APRIL 23, 2025 10' ENCROACHMENT EASEMENT 2 LOT 1, BLOCK 3 OF LOT 1-R, BLOCK 1, AND LOT 1, BLOCK 3 NISD HIGH SCHOOL NO. 3 ADDITION CITY OF FORT WORTH TARRANT COUNTY, TEXAS SHEET 1 OF 2 JOB NO. 2024-77 LEGAL DESCRIPTION 10' ENCROACHMENT EASEMENT 2 BEING across Lot 1, Block 3 of Lot 1—R, Block 1, and Lot 1, Block 3, NISD High School No. 3 Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in Document No. D2018192106, Plat Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2" iron rod with yellow plastic cap stamped "4613" found for an internal ell corner along the south line of said Lot 1 and said iron rod found also being the the northwest corner of the remainder of a called 168.242 acre tract of land conveyed to Jarvis and wife Pamela Porter, as recorded in Volume 12879, Page 126 of the Deed Records of Tarrant County, Texas; THENCE N 82'53'26" W across said Lot 1 a distance of 322.99' to point it the south line of a 35' Public Drainage Easement as shown on said plat of Lot 1—R, Block 1, and Lot 1, Block 3, NISD High School No. 3 Addition and said point being the POINT OF BEGINNING; THENCE S 89'57'58" W with the south line of said 35' Public Drainage Easement a distance of 11.04' to a point for corner; THENCE N 25'01'37" E across 35' Public Drainage Easement a distance of 22.95' to a point for corner; THENCE N 30'02'02" W a distance of 16.30' to a point for corner in the north line of said 35' Public Drainage Easement; THENCE N 89'29'29" E with the north line of said 35' Public Drainage Easement a distance of 11.49' to a point for corner; THENCE S 30'02'02" E across said 35' Public Drainage Easement a distance of 15.85' to a point for corner; THENCE S 25'01'37" W a distance of 23.48' to the POINT OF BEGINNING, and containing 393 Square Feet or 0.009 acres of land. ���-- David J. rdukon R.P.L.S. No. 4613 • SURDUKAN SURVEYING, INC. P.O. BOX 126 ANNA, TEXAS 75409 (972) 924-8200 TEXAS FIRM NO. 10069500 SCALE 1 " = 80' DATE, APRIL 23, 2025 DAVID J. SURDUKAN o� 4613 Fcs n` 10' ENCROACHMENT EASEMENT 2 LOT 1, BLOCK 3 OF LOT 1—R, BLOCK 1, AND LOT 1, BLOCK 3 NISD HIGH SCHOOL NO. 3 ADDITION CITY OF FORT WORTH TARRANT COUNTY, TEXAS SHEET 2 OF 2 JOB NO. 2024-77 I CURVE TABLE I CURVE DELTA ANGLE RADIUS ARC LENGTH CHORD RING CHORD LENGTH I Cl 9'1I '57" 805.00' 129.25' S 20'4 '3 ,W 129.11 ' IC2 0'44'45" 770.00' 10.02' S 16'01'39" V 10.02' I C3 0'42'48" 805.00' 10.02' N 15051'16" E\ 10.02' L � LINE BEARING E TABLE DISTANCE L1 S 4756'54" E 33.72' L2 S 77'56'54" E 35.10' I IL3 N 77'5654" W 35.07' G REMAINDER OF A CALLED 168.242 ACRES '��� (� JARVIS & PAMELA PORTER O,n� VOLUME 12879, PAGE 126 D. R.T. C.T. q� LOT 1-R, BLOCK 1 OF LOT 1-R, BLOCK 1, AND LOT 1, BLOCK 3 NISD HIGH SCHOOL NO. 3 ADDITION DOCUMENT NO. D2018192106 \ P. R.T. C. T. POINT OF Vy// II POINT OF i COMMENCING ,oe, l JBEGINNING Le / CIRF 4613" 35' CITY OF FT WORTH PERMANENT SEWER FACILITY EASEMENT DOCUMENT NO. D2013280390 0. P. R. T. C. T. 1 10' ENCROACHMENT r EASEMENT 1 r 351 SQ. FT. �i r r � r , 1 I ' r + SURDUKAN SURVEYING, INC. P.O. BOX 126 ANNA, TEXAS 75409 (972) 924-8200 TEXAS FIRM NO. 10069500 SCALE 1 " = 80' DATE. APRIL 23, 2025 NORTH SCALE 1"= 80' LEGEND CIRF = CAPPED 1/2' IRON ROD FOUND STAMPED (4613) D.R.T.C.T. = DEED RECORDS OF TARRANT COUNTY, TEXAS O.P.R.T.C.T = OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS P.R.TC.T. = PLAT RECORDS OF TARRANT COUNTY, TEXAS 10' ENCROACHMENT EASEMENT 3 LOT 1—R, BLOCK 1 OF LOT 1—R, BLOCK 1, AND LOT 1, BLOCK NISD HIGH SCHOOL NO. 3 ADDITION CITY OF FORT WORTH TARRANT COUNTY, TEXAS SHEET 1 OF 2 JOB NO. 2024-77 LEGAL DESCRIPTION 10' ENCROACHMENT EASEMENT 3 BEING across Lot 1—R, Block 1 of Lot 1—R, Block 1, and Lot 1, Block 3, NISD High School No. 3 Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in Document No. D2018192106, Plat Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2" iron rod with yellow plastic cap stamped "4613" found for an internal ell corner along the north line of said Lot 1—R, and said iron rod found also being the the southwest corner of the remainder of a called 168.242 acre tract of land conveyed to Jarvis and wife Pamela Porter, as recorded in Volume 12879, Page 126 of the Deed Records of Tarrant County, Texas; THENCE N 42'03'06" E with the north line of said Lot 1—R for a distance of 250.29' to a point for the northwest corner of a 35' City of Forth Worth Permanent Sanitary Sewer Easement; THENCE S 47'56'54" E with the east line of said 35' City of Forth Worth Permanent Sanitary Sewer Easement a distance of 33.72' to a point for corner at the beginning of a non —tangent curve to the right; THENCE with the east line of said 35' City of Forth Worth Permanent Sanitary Sewer Easement and with said non —tangent curve to the right having a central angle of 9'11'57", an arc length of 129.25', a radius of 805.00", a chord bearing of S 20'48'38" W, and a chord length of 129.11', to the POINT OF BEGINNING; THENCE S 77'56'54" E across said 35' City of Forth Worth Permanent Sanitary Sewer Easement a distance of 35.10' to a point for corner in the east line of said 35' City of Forth Worth Permanent Sanitary Sewer Easement and at the beginning of a non —tangent curve to the left; THENCE with the west line of said 35' City of Forth Worth Permanent Sanitary Sewer Easement and with said non —tangent curve to the left having a central angle of 00'44'45", an arc length of 10.02', a radius of 770.00', a chord bearing of S 16'01'39" W, and a chord length of 10.02', to a point for corner; THENCE N 77'56'54" W across said 35' City of Forth Worth Permanent Sanitary Sewer Easement a distance of 35.07' to a point for corner in the west line of said 35' City of Forth Worth Permanent Sanitary Sewer Easement and at the beginning of a non —tangent curve to the right; THENCE with the east line of said 35' City of Forth Worth Permanent Sanitary Sewer Easement and with said non —tangent curve to the right having a central angle of 00'42'48", an arc length of 10.02', a radius of 805.00', a chord bearing of N 15'51'16" E, and a chord length of 10.02', to the POINT OF BEGINNING, and containing 351 Square Feet or 0.008 acres of land. fia. rdukan R.P.L.S. No. 4613 SURDUKAN SURVEYING, INC. P.O. BOX 126 ANNA, TEXAS 75409 (972) 924-8200 TEXAS FIRM NO. 10069500 10' ENCROACHMENT EASEMENT 3 LOT 1—R, BLOCK 1 OF LOT 1—R, BLOCK 1, AND LOT 1, BLOCK 3 NISD HIGH SCHOOL NO. 3 ADDITION CITY OF FORT WORTH TARRANT COUNTY, TEXAS SCALE 1 " = 80' DATE. APRIL 23, 2025 SHEET 2 OF 2 JOB NO. 2024-77 �j 12" PVC SSSS > S-1552D ti 35' SANITARY SEWER EASEMENT DOC. NO. D213263572 O.P.R. T.C.T. =0= 0 20 40 60 L-� 7- - +00 Lino G — IV Connect To Exist 7'x3' RC B FL 21"=t782.17 STORM SEWER LINE 'G' PROFILE SCALE N;1--80' V:1'-=2.5V 810 805 m u�= 800uv 4 Y tl 795 s a Exist. Ground At Pipe 790 00 Yr. HGL 785 2-7 2-7'x3' RC� � Rt►' b'1��Ar = B, 2 780 d 4. 0eaP-;t-2L4 cis 01ou-10 w '1 1 7a' fos 775 770 0+00 0+50 Northwest Independent School District 2001 Texan Drive Justin, Texas 76247 Telephone (817) 215-0000 EATON HIGH SCHOOL ADDITIONS 1350 EAGLE BLVD. HASLET, TX 76052 CPN: ENCROACHMENT AGREEMENT PLAN/ PROFILE RLK ENGINEERING, INC. I l I West Main Allen, Texas 75013 (972)359-1733 Off (972)359-1833 Fax Texas Reglsrratron No. 579 GRAPHIC SCALE Sheet 1 of I 1"=20' Date: 04-29-25 0+13 Line Const 10 Curb Inlet 0+00 Line H Top=790.0 Heel o Exist r15' PUBLIC DRAINAGE EASEMENT FL 18"=786.0 ` Tx3' RCB DOC. N0, D218192106 / FL 18"= t 782.29 O.P,R.T,C.T_ STORM SEWER LINE 'G' PROFILE SCALE H: V=80' V: V-2.50' 810 O 805 a m h l /� 800 : c a ICY G N Cr < u (p 795 .tt Exist. Ground At Pipa 790 �il) Yr. HGL 785 2- 'x3' P Rce 780 -2 1 01p 22.4 Ns i 4100+11.T e1s S.0 W27 It/It U V100.3.74 I„$ 775 Hv-0 217' �^ N 770� . 0+00 0+50 =0= A 0 20 40 60 GRAPHIC SCALE 1 "= 20' EX 2-7'x3' RCB — — — — — — — — — — — — — _ 0+00 Line G Connect To Exist 7'x3' RCB FL 21"=t782.17 X 12" PVC SS=> S-15520- — STORM SEWER LINE 'H' PROFILE SCALE H:1"=80' V:1"=2.50' y pd rr n Jn O S S 805 4 805 x waE xb zvq g a u p 3Z. i 800 O.ULI oUUL' 800 / I Northwest Independent School District 2001 Texan Drive Justin, Texas 76247 Telephone (817) 215-0000 795 1 1795 Prop G de At Pipe 790 790 100 Yr. HGL 785 785 18' RCP O 2&5X 780 x RCB x 780 IC IMP om19a,1 cls Oi cls S.A 015 Il/Il V100 2.31 fps YY Hr. 083' 1: 0+00 0+50 EATON HIGH SCHOOL ADDITIONS 1350 EAGLE BLVD. HASLET, TX 76052 CPN: ENCROACHMENT AGREEMENT PLAN/ PROFILE RLK ENGINEERING, INC. 111 West Main Allen, Texas 75013 (972) 359-1733 Off (972)359-1833 Fax Texas Registration No. 579 Sheet 1 of 1 Date: 04-29-25 \ / 35' CITY OF FT WORTH \ / i PERMANENT SEWER FACILITY EASEMENT \ \ DOC. N0. D2013280390 \\\ O.P R.T,C.T.,C.T. / r L o 1+02 Lat 11 I Const. No. 2a (PR7VRTE) rn/ Catch Basin 2+64 Line I- (H20 Loading) P 0+00 Lot it top=797.9 21 "x18" 60' Wye _0 4 0 20 `0 60 GRAPHIC SCALE 1 "=20' STORM SEWER LATERAL '11' PROFILE v o �o m SCALE 14:1"=60" V:1"=3.33' � � J J C9 U = 3 N c N O ] U T Q n 3 l o a m y J Je y J �Q T 1 805 e�W aN m o W cNn 805 N Exist. �round� At Pipe 800 Prop. Grade At Pipe 800 100 Yr. HGL— — — A L 795 18" RCP ® 0.30% 1 795 790 co 0 790 785 785 18 RCP OLap=5.8 crs 0100=3.2 cfs S-0-0005 ft/ft V100=1,81 fps 780 Hv=0.051 m 780 a v m N < rnrn rn= W W 775 N �� �LL -y 775 0- 00 0-50 1100 Northwest Independent School District 2001 Texan Drive Justin, Texas 76247 Telephone (817) 215-0000 \k EATON HIGH SCHOOL ADDITIONS 1350 EAGLE BLVD. HASLET, TX 76052 CPN: ENCROACHMENT AGREEMENT PLAN/ PROFILE RLK ENGINEERING, INC. 1 l I West Main Allen. Texas 75013 (972) 359-1733 Off (972)359-1833 Fax Texas Registration No. 579 Sheet I of 1 Date: 04-29-25 EXHIBIT B Certificate of Insurance Tier II Easement Encroachment Agreement Page 12 of 12 Revised 12/2022