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HomeMy WebLinkAboutContract 63769Date Received: 8/5/2025 Time Received: 7' 10 a.m. Record Number: PN25-00085 City Secretary No.: 63769 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 BPM Real Estate, LLC, a Texas limited liability company ("Licensee"), acting by and through its duly authorized representative. RECITALS WHEREAS, Licensee is the owner of the real property located at 9953 Blue Mound Rd, Fort Worth, Texas 76131 ("Property"), being more particularly described as, Lot 4, Block 31, of Richmond Addition, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Deed Records, by Instrument Number D224228964; and WHEREAS, the City owns a water and a public access easement (the "Public Property") adjacent to the Property, dedicated by plat, depicted on the final plat of the property (FP-21-007), which plat is recorded in the plat records of Tarrant County as Instrument D221370693; 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 telephone and electrical lines (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Tier II Easement Encroachment Agreement OFFICIAL RECORD Page 1 of 11 CITY SECRETARY Revised 12/2022 FT. WORTH, TX Encroachment within the Public Property. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on the Public Property beyond what is specifically described in Exhibit "A." 2. All construction, installation, maintenance, and operation of the Encroachment and the use or occupancy of the Public Property shall comply with and be performed in strict compliance with this Agreement and with the charter, ordinances, codes, and policies of the City. Prior to the construction or installation of the Encroachment, Licensee shall submit all plans and specifications to the Director of the Development Services Department or duly authorized representative. Licensee shall not commence construction or installation of the Encroachment nor make any use of the Public Property until after the execution of this Agreement. 3. Licensee, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or future utilities affected by such Encroachment and the use and occupancy of the Public Property, including the securing the approval and consent of the appropriate utility companies and agencies of the State of Texas and its political subdivisions. In the event that any installation, reinstallation, relocation, or repair of any existing or future utility or improvements owned by or constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance, or existence of the Encroachment and use of Public Property, Licensee shall pay to City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department, or their duly authorized representative. 4. Licensee agrees that City may enter and utilize the Public Property at any time for any public purpose, including installing, repairing, replacing, or maintaining improvements to its public facilities or utilities necessary for the health, safety, and welfare of the public. The City shall have no responsibility or liability for any damages related to the Encroachment resulting from the City's use of the Public Property; however, the City shall make reasonable efforts to minimize such damage. 5. Upon termination of this Agreement, Licensee shall, at the option of and at no expense to the City, remove the Encroachment and restore the Public Property to a condition acceptable to the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department or their duly authorized representative. Any such removal of the Encroachment shall be in Tier II Easement Encroachment Agreement Page 2 of 11 Revised 12/2022 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. 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 Tier II Easement Encroachment Agreement Page 3 of I I Revised 12/2022 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 HIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES. 10. While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance naming City as certificate holder as proof that is has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and described in Exhibit "A." The amounts of such insurance shall be not less than $1,000,000 with the understanding and agreement by Licensee that such insurance amounts may be revised upward at City's option and that Licensee shall so revise such amounts immediately following notice to Licensee of such requirement. Such insurance policy shall not be canceled or amended without at least thirty (30) days prior written notice to the Building Official of the City. A copy of such Certificate of Insurance is attached as Exhibit `B" and incorporated herein for all purposes. Licensee agrees, binds, and obligates itself and its successors and assigns to maintain and keep in force such public liability insurance at all times during the term of this Agreement and until the removal of the Encroachment and restoration of the Public Property. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. 11. Licensee agrees to deposit with the City when this Agreement is executed a sufficient sum of money to be used to pay necessary fees to record this Agreement in the Tier II Easement Encroachment Agreement Page 4 of 11 Revised 12/2022 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 II Easement Encroachment Agreement Page 5 of 11 Revised 12/2022 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. [SIGNATURES APPEAR ON FOLLOWING PAGE] Tier II Easement Encroachment Agreement Page 6 of 11 Revised 12/2022 EXECUTED to be effective on the date signed by the City's Director of Development Services Department City: CITY OF FORT WORTH By: Dalton Harrell (Aug4, 2025 16:48:48 CDT) D. J. Harrell Director, Development Services Department Date: ATTEST: anq ;o° �9Ff9R*:aaa o perPP Pig �10 9 Odpnn�op54 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 7 of 11 Revised 12/2022 Licensee: BPM Real Estate, LLC a Texas limited liability company Arne: Jatinder Singh U Title: Manager Date: _7/17/2025 By: C: unit Sheargill Title: Manager STATE OF COUNTh' OF _DA it t- a S BEFORE ME, the undersigned authority, a Notary Public in and for the State of ,ley -As , on this day personally appeared Jatinder Singh, Manager, and Guijit Sheargill, 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 P11l Real Estate, LLC a Texas limited liability company, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this . 211_ day of J u L-v , 2025. zARtiN TASNIM tZs141_ Notary Public in and for the State of -- E xe, S Tier 11 Easement Encroachnxni Agreement .•�"'rt'1�r ZARIN TASNIM ARSM ..r�....rsy% :Notary Public, Stet* 44 Text Comm. Expires 07-08.2020 ;'e�a�`', Rlnrary lit t"i9557� � Page S of 1 t Rcviscd 12/2022 �""THIS PAGE FUR U1TY OF FUKT WURTH UFFIUE USE UNLY" r STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared D. J. Harrell, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of the City of Fort Worth, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 4th day of August , 2025. �� NEyq I�� '����i� �O A22¢+i f yyO Notary Public in and for the State of Texasft i s • N9TF OF Tier II Easement Encroachment Agreement Page 9 of 11 Revised 12/2022 EXHIBIT A Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page 10 of 11 Revised 12/2022 KEY MAP F-- REMOVE EX 2' CAP CONN. f —2' 90 BEND 1 —2' 45' BEND 1 —2- WA/ (DOM) LREAD,,F,., CONN EX 6"SS LA TO BLOG PLUMBING FL EX 6' SS=Z10 G6 EX TELEPHONE(TELE) RISER CONN TO BLDG EX 21M INSTALL I —RPZA UTILITY NOTES 1. ALL WORKMANSHIP, MATERIALS AND TESTING MUST BE PER CITY REQUIREMENTS, TCEO LATEST RULES & REGULATIONS AND APPLICABLE OTHER LOCAL AGENCIES REQUIREMENTS 2 IT SHALL BE RE CGNiRACWT RESPQVSIBIIITY TO 1TRIEY LO INXR, ELE APQVS, AND OINENSIQVS OF ALL EXISTING U11LIilES ME LOCAPONS aeiAINN fFOM ENCROACHMENT #1 OPINFAPHICALLSURLEY AND CODRMNARWM N1M tlTY. I RE�at;=o"N�`IA'°"1=AR`s„�N.NTM'R111EnT E ;.sDRDIIER ESPoNSIBIL— TO HELD VERIFY AND CODRDINA IE W N CITY AND fRANLriISE UTILITY ONNERS N LOCATE THOSE URLIRES ANY DAMAGE TD / \ \1 O SHALL W REPAIFED i0 EWAL DR BETTER ON CANY CNIFACTCF'SUOW COST 4 ALL INFRASTRUCTURES ABOVE GROUND OR UNDERGROUND ARE SHOWN HERE PER AVAILABLE RESOURCES, (HERE MAY BE MORE INFRASTRUCTURES EXIST AND ARE NOT SHOWN HERE CONTRACTOR MUST TAKE EXTREME PRECAUTION NOT TO DAMAGE ANY, IT DAMAGE HAPPENED DUE TO GIGGING, CONTRACTOR MUST REPAIR OR RESTORE EQUAL OR BETTER OF THIS OW E N C ROAC H M ENT #Z MUST INFORM ENGINEER/OWNER IMMEDIATELY IF ANY DISCREPANCIES FOUND IN THE FIELD WHICH DIFFERS FROM C DESIGN PLAN AND STOP WORKING BEFOREISSUE RESOLVED NN ANN SNFUWFEI IN THE MN.T ). ANY ELECTRIC UNE, GAS UNE OR OTHER URLITY RELOCAROVS MUST BE ANOEM NARW N1M URUTY —,, OTY AND PROJECT OWER/ ENGINEER R ION CIRAI- UNIEORMTY TEXAS MANUAL CQVTFOL DENCES (MUTCO) AND MTH iNE COORDINATQ OF THE LYtt Q 9 CCN)RACTQ4 i0 OEEX D EX WIA (DON), IRRICARIN AND O SEMER LINES SERNNC ME EX BUILDING AO CUi SERNCE LINES PER CITYS 10. CALL 811 TEXAS BEFORE BEGIN ANY DIGGING. CZ C W J m ® 4 3' OFF PROPERTY LINE Crv�l Urban Assanates, Irrc ®m �u mfM�i C-RaI&lT� s�,mn sr� �st A'IN� nTuel [-m. mmimgnee�mmuan W ZZO I cc O O p 2 Ja Qom O W o o3m3 J Q 0 �O y p UTILITY PLAN 2-20-25 wJ IC2202025 ;, ry cos GRAPHIC SCALE 0' 20' 40' 1"=20' LOT 3, BLOCK 31 \ POINT OF RICHMOND ADDITION REFERENCE INST. NO. D221370693 5/8" IRF P.R.T.C.T. ZONE: F i i / 30' GAS PIPELINE---�\ EASEMENT \ \ INST. NO. D209141712 O.P.R.T.C.T. POINT OF \ - BEGINNING 051 \ L4 \ 24' ACCESS EASEMENT \ INST. NO. D221370693 1-2 V A P.R.T.C.T. ENCROACHMENT AREA \ 79 SQUARE FEET \ \ 15' WATER EASEMENT \ INST. NO. D221370693 \ \ \ P.R.T.C.T. N21 °29'25"W 74.69' \ \ LOT 4, BLOCK 31 \ RICHMOND ADDITION SAMUEL \ \ \\ \ INST. NO. D22137069 LOCKHARTSURVEY \ \ \ \ P.R.T.C.T. ABSTRACTNO.977 \ \ \ \ \ \ ZONE: F LINE TABLE LINE DIRECTION LENGTH L1 S21°29'17"E 5.26' L2 S86°42'28"W 15.79' L3 N21°29'17"W 5.26' L4 N86°42'28"E 15.79' GENERAL NOTES 3 b (P 7 N�113 V A \ \ BPM REAL ESTATE LLC \ INST. NO. D224228964 \ \ V O.P.R.T.C.T. Bearing based on Texas State Plane Coordinates, North Central Zone, 4202, NAD83-US Survey feet, derived from GPS observations. CHISSH LM TRAIL ND SURKVEYING TX FIRM #10194767 MICHAEL R. KERSTEN, RPLS 6677 INFOOCTLS-LLC.COI 94 0.367.71€ 8 POINT OF COMMENCING 5/8" CIRF "JACOBS" LEGEND / ABBREVIATIONS — — ADJOINER LINE BOUNDARY LINE EASEMENT LINE 0 IRON ROD FOUND OFFICIAL PUBLIC RECORDS, O.P.R.T.C.T. TARRANT COUNTY, TEXAS PLAT RECORDS, P.R.T.C.T. TARRANT COUNTY, TEXAS IRF IRON ROD FOUND CIRF CAPPED IRON ROD FOUND P.O.C. POINT OF COMMENCING P.O.R. POINT OF REFERENCE ENCROACHMENT EXHIBIT ELECTRICAL LINE EASEMENT 79 SQUARE FEET IN THE SAMUEL LOCKHART SURVEY ABSTRACT NO. 977 TARRANT COUNTY, TEXAS PROJECT NO. 25-0089 1 DRAWN BY: AA I SCALE: 1" = 20' 1 DATE: 06/13/2025 1 SHEET: 1 OF 2 LEGAL DESCRIPTION Encroachment Area BEING all that certain tract of land situated in the Samuel Lockhart Survey, Abstract No. 977, Tarrant County, Texas, and being a portion of Lot 4, Block 31, Richmond Addition, recorded in Instrument No. D221370693, Plat Records of Tarrant County, Texas, and a portion of a tract of land described in deed to BPM Real Estate LLC, recorded in Instrument No. D224228964, Official Public Records of Tarrant County, Texas, and being more particularly described as follows: COMMENCING at a 5/8-inch capped iron rod stamped "JACOBS" found at an angle point in the east line of said Lot 4, Block 31, and in the west right-of-way line of NW Highway 287 (variable wide right-of-way); THENCE North 21 ° 29' 25" West, with the east line of said Lot 4, Block 31 and the west right-of-way line of NW Highway 287 (variable width right-of-way), a distance of 65.43 feet, from which the northeast corner of said Lot 4, Block 31 bears North 21 ° 29' 25" West, a distance of 74.69 feet; THENCE South 68' 30' 35" West, over and across said Lot 4, Block 31, a distance of 49.51 feet to a point in the east line of a 24-foot wide access easement recorded in Instrument No. D221370693, said Plat Records, for the POINT OF BEGINNING; THENCE South 21 ° 29' 17" East, with the east line of said 24-foot wide access easement, a distance of 5.26 feet; THENCE over and across said Lot 4, Block 31, the following courses and distances: 1. South 86' 42' 28" West, a distance of 15.79 feet to a point in the west line of a 15-foot wide water easement recorded in Instrument No. D221370693, said Plat Records; 2. North 21 ° 29' 17" West, with the west line of said 15-foot wide water easement, a distance of 5.26 feet; 3. North 86° 42' 28" East, a distance of 15.79 feet to the POINT OF BEGINNING and enclosing 79 square feet of land, more or less. SURVEYOR CERTIFICATION I, Michael R. Kersten, certify that this map or plat was completed and prepared under my direct supervision. Date of Plat or Map: June 13th, 2025. 06 /25�2� Michael R. Kersten Registered Professional Land Surveyor Texas Registration No. 6677 CHISSH LM TRAIL 1 �T1D SU1�Z,���YING TX HRAI #10194767 MICHAEL R. KERSTEN, RPLS 6677 INFOOCTLS-LLC.COM 940.367.71€ 8 WU-AE_ KERSTE AND SJr�`��TJj` ENCROACHMENT EXHIBIT ELECTRICAL LINE EASEMENT 79 SQUARE FEET IN THE SAMUEL LOCKHART SURVEY ABSTRACT NO. 977 TARRANT COUNTY, TEXAS PROJECT NO. 25-0089 1 DRAWN BY: AA I SCALE: N/A I DATE: 06/13/2025 1 SHEET: 2 OF 2 GRAPHIC SCALE 0' 20' 40' LOT 3, BLOCK 31 \ POINT OF RICHMOND ADDITION REFERENCE INST. NO. D221370693 5/8" IRF 1" = 20' P.R.T.C.T. ZONE: F i / \ a 24' ACCESS EASEMENT \ ° INST. NO. D221370693 4 / \ P.R.T.C.T. \ \ 15' WATER EASEMENT / \ \ INST. NO. D221370693 \ \ \ P.R.T.C.T. \ \ \ \ \ \�30' GAS PIPELINE \ EASEMENT \ \ \ INST. NO. D209141712 \ \ V A O.P.R.T.C.T. \ \ \ POINT OF \ \ \ -BEGINNING � R9 RICHOT 4, ADDITION 31 \ \ SAMUEL \ \ \ \ INST. NO. D22137069 LOCKHARTSURVEY \ \ \ P.R.T.C.T. ABSTRACTNO.977 \ \ �Q r� \ \ \ ZONE: F 3 -G 2kz 7 2 S I cs ,A 7 a ?, °4\ NW s 7, \ rw \ BPM REAL ESTATE LLC LZ \ \ INST. NO. D224228964 \ \ \ O.P.R.T.C.T. ENCROACHMENT AREA \ 75 SQUARE FEET LINE TABLE LINE DIRECTION LENGTH L1 S21°29'10"E 5.01, L2 S70°15'13"W 15.00' L3 N21°29'17"W 5.00, L4 N70°13'59"E 15.00' GENERAL NOTES Bearing based on Texas State Plane Coordinates, North Central Zone, 4202, NAD83-US Survey feet, derived from GPS observations. CHISSH LM TRAIL ND SURKVEYING TX FIRM #10194767 MICHAEL R. KERSTEN, RPLS 6677 INFOOCTLS-LLC.COI 94 0.367.71€ 8 POINT OF COMMENCING 5/8" CIRF "JACOBS" LEGEND / ABBREVIATIONS — — ADJOINER LINE BOUNDARY LINE EASEMENT LINE IRON ROD FOUND OFFICIAL PUBLIC RECORDS, O.P.R.T.C.T. TARRANT COUNTY, TEXAS PLAT RECORDS, P.R.T.C.T. TARRANT COUNTY, TEXAS IRF IRON ROD FOUND CIRF CAPPED IRON ROD FOUND P.O.C. POINT OF COMMENCING P.O.R. POINT OF REFERENCE ENCROACHMENT EXHIBIT TELEPHONE LINE EASEMENT 75 SQUARE FEET IN THE SAMUEL LOCKHART SURVEY ABSTRACT NO. 977 TARRANT COUNTY, TEXAS PROJECT NO. 25-0089 1 DRAWN BY: AA I SCALE: 1" = 20' 1 DATE: 06/13/2025 1 SHEET: 1 OF 2 LEGAL DESCRIPTION Encroachment Area BEING all that certain tract of land situated in the Samuel Lockhart Survey, Abstract No. 977, Tarrant County, Texas, and being a portion of Lot 4, Block 31, Richmond Addition, recorded in Instrument No. D221370693, Plat Records of Tarrant County, Texas, and a portion of a tract of land described in deed to BPM Real Estate LLC, recorded in Instrument No. D224228964, Official Public Records of Tarrant County, Texas, and being more particularly described as follows: COMMENCING at a 5/8-inch capped iron rod stamped "JACOBS" found at an angle point in the east line of said Lot 4, Block 31, and in the west right-of-way line of NW Highway 287 (variable wide right-of-way); THENCE North 21 ° 29' 25" West, with the east line of said Lot 4, Block 31 and the west right-of-way line of NW Highway 287 (variable width right-of-way), a distance of 29.62 feet, from which the northeast corner of said Lot 4, Block 31 bears North 21 ° 29' 25" West, a distance of 110.50 feet; THENCE South 68' 30' 35" West, over and across said Lot 4, Block 31, a distance of 49.51 feet to a point in the east line of a 24-foot wide access easement recorded in Instrument No. D221370693, said Plat Records, for the POINT OF BEGINNING; THENCE South 21 ° 29' 10" East, with the east line of said 24-foot wide access easement, a distance of 5.01 feet; THENCE over and across said Lot 4, Block 31, the following courses and distances: 1. South 70' 15' 13" West, a distance of 15.00 feet to a point in the west line of a 15-foot wide water easement recorded in Instrument No. D221370693, said Plat Records; 2. North 21 ° 29' 17" West, with the west line of said 15-foot wide water easement, a distance of 5.00 feet; 3. North 70° 13' 59" East, a distance of 15.00 feet to the POINT OF BEGINNING and enclosing 75 square feet of land, more or less. SURVEYOR CERTIFICATION I, Michael R. Kersten, certify that this map or plat was completed and prepared under my direct supervision. Date of Plat or Map: June 13th, 2025. PTE OF �Ek 06/25/2025 Michael R. Kersten Registered Professional Land Surveyor Texas Registration No. 6677 CHISSH0 LM TRAIL � �T1D SU1�Z,���YING TX HRAI #10194767 MICHAEL R. KERSTEN, RPLS 6677 INFOOCTLS-LLC.COM 94O.367.71€ 8 WCHAEL R. KERSTEN ....ova°°aaa°°°aaa°°aaa°° °aaa °°0 6677 �o ° �N �SUPN�S� ENCROACHMENT EXHIBIT TELEPHONE LINE EASEMENT 75 SQUARE FEET IN THE SAMUEL LOCKHART SURVEY ABSTRACT NO. 977 TARRANT COUNTY, TEXAS PROJECT NO. 25-0089 1 DRAWN BY: AA I SCALE: N/A I DATE: 06/13/2025 1 SHEET: 2 OF 2 P�cEss� 771 -23 R L ELEC DETAIL DET1 (ENLARGED) SC: 1"=10' 0 20 40 Scale: 1" = 20' IN E BONDS RAN(-.�-1 Rn CITY OF FORT WORTH, TX SITE �1' m MAPSCO: 20U (FORT WORTH) VICINITY MAP NOT TO SCALE - ------------------------- - 4' depth of cover (field verify) PROP. 4 " PVC (ELEC) CONDUIT r� MIN 24" CLEAR EX 8"W CROSSING r1 SECTION VIEW A-A(NTS) PROP. 4—INC PVC ELECTRIC CODUIT CROSSING EX 8" PVC WATER ELECTRIC EASEMENT LINE TABLE # BEARING I DISTANCE (FT) L 1 N21 29'17.54"W 5.26 j L2 NR6W2'28.72"F 15.79 L3 S21.29'17 54"1 5.26 L 4 S86 °42'28. 72 "W 15.79 CONSULT,'N Civil Urban Associates, Inc. • Civil Engineering ® — Firm Reg13795 —------ 327 Maple St, Richardson, TX 75081 Ph-469-226-5965/mmi.engineers®cuainc.com ENCROACHMENT #1 ELECTRICAL LINE EASEMENT (78.95 SQUARE FEET) OUT UT LOT 4, BLOCK 31 RICHMOND ADDN—FORT WORTH FORT WORTH, TARRANT CO., TX 9953 BLUE MOND RD FORT WORTH, TX 76131 DATE OF PREPARATION: 6-12-2025 BLOCK 31 RICHMONa\�DD1T10 , DC#D22137Q693 2� P.R. T C. T `9 ZONE_ n R' LOT A BLK 31 DOC#D22 70693 P.R. T . T w ZONE F N L09 AC �* (47, 439 S o0 o \ � to N \ \ N P �E�3�30 93 IC o o o\ \ o ca \ Z 6N Ti 1 — -U GEC —U-G-E \ \\ EX 15no693\ X \\ b,r,RaPiE LCNE"dT. O 20 40 Scale: 1" = 20' 112'lf (opM)\ / / f /7" PROD. TELL / =, X C7o PROP \ \ \ L2 \ UO P � IL4 ON VC SP`\ \` TELE DETAIL DET1(ENLARGED) SCALE: 1 "=10' j N I " y_ 00 E BONDS RAN0H Rn I CITY OF FORT WORTH, TX y� 8]. m � o `z SITEZ m m MAPSCO: 20U (FORT WORTH) VICINITY MAP NOT TO SCALE 4' depth of cover (field verify) PROP. 4 " P VC (TELE) CONDUIT SEE DET1 r MIN 24" CLEAR � (U� UTES EX 8"W CROSSING 1� SECTION VIEW A-A(NTS) PROP. 4-INC PVC TELEPHONE CODUI T CROSSING EX 8" PVC WATER A n TELEPHONE EASEMENT LINE TABLE # I BEARING DISTANCE' (ET) L 1 I N21 29'17.54 "W 5 L2I N70'13'59.70"E 15 L3 I 521 2459.94"E 5 L4 I S70°14'13.35"W 15 C C I\ S J LTAI\T: Civil Urban Associates, Inc. • Civil Engineering Firm Reg. No. 13795 ------------- 327 Maple St, Richardson, TX 75081 Ph-469-226-5965/mmi.engineers©cuoinc.com ENCROACHMENT #2 TELEPHONE LINE EASEMENT EASEMENT EXHIBIT (75 SQUARE FEET) OUT OF LOT 4, BLOCK 31 RICHMOND ADDN—FORT WORTH FORT WORTH, TARRANT CO., TX 9953 BLUE MOND RD FORT WORTH, TX 76131 DATE OF PREPARATION: 6-12-2025 EXHIBIT B Certificate of Insurance Tier II Easement Encroachment Agreement Page 11 of 11 Revised 12/2022