HomeMy WebLinkAboutContract 638078/13/2025
Date Received: Record Number: PN25-00098
Time Received:
9:25 a.m.
City Secretary No.: 63807
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 Panther City Holding Company,
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 2700 Azalea
Avenue, Fort Worth, Texas 76107 ("Property"), being more particularly described
as,Lot1XR, Block 9A-R,of Azalea Avenue Townhomes, an addition to the City of Fort
Worth, Tarrant County, Texas, as recorded in Deed Records, by Instrument Number
D221245070; and
WHEREAS, the City owns a 25' water & Sanitary sewer and a 25' PAE
easement (the "Public Property") adjacent to the Property, dedicated by plat, depicted
on the final plat of the property (FS-24-209), which plat is recorded in the plat records of
Tarrant County as Instrument D224217542; 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 portions of private buildings (the "Encroachment"). Upon
Tier II Easement Encroachment Agreement Page 1 of 12
Revised 12/2022
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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.
F,
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
Tier II Easement Encroachment Agreement Page 2 of 12
Revised 12/2022
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.
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
a
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 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.
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
By: Dalton Ha11111(A.g12,2-153209CDT)
D. J. Harrell
Director, Development Services Department
08/12/2025
Date:
as
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ATTEST: pO °�'
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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.
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:
Panther City Holding Company, LLC
a Delaware limited liability company
By:
Name: /Je roctor
Title:
nAu ho ' ed Representative
Date: X 2fd°i�a��f
STATE OF l t)(OL—'�2__ §
COUNTY OF��i'l.' kC,,n.-f §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
e a , on this day personally appeared Jake Proctor, Authorized Representative,
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 Panther City Holding Company, LLC, a
Delaware limited liability company and in the capacity therein stated.
GIVEN`` __ UNDER MY HAND AND SEAL OF OFFICE this day of
kk U,6 T , 2025.
Notary Public it and for the
State
Tier II Easement Encroachment Agreement
F
TERESA JOHNSON
tary ID #134225364
commission Expires
February 28, 2027
Page 9 of 12
Revised 12/2022
t 11:1 I J_ym I• IIIJ w II 1 wj N we al W'alm N 1 lU II Il ltl DKIRI D1U►11►' V
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 H12thAND AND SEAL OF OFFICE this day of
August 202 5
li✓a�dKr�e�
Notary Public in and for the State of Texas
Wendy Beardslee
My CommissionExpires -
* 7128/20212029
Notary ID133237193
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
(o 0 o
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ti LOT 5R1 - 7R3
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LOT LOT LOT 4R
5R-15R-2
LOT 6
BLOCK
10
LOT 3
LOT 2
LOT 1
LINWOOD ADDITION
BLOCK 10
LOT 13
LOT 12R-2
LOT 12R-1
LOT 11R-2
LOT 1R2 O~ O O O O O O
v v v v v v v
WEISENBERG£R ADD177ON
BLOCK 12
LOT 1R1-lR2 N 0
OO O O O LOT 9& 10
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LOT 1 LOT 2 LOT 3 LOT 4R
LOT 6R1
LINWOOD ADD177ON
BLOCK 8
LOT i-R, BLOCK 9
LINWOOD ADDITION
(INST. NO. D219177603)
0.P.R.T.C.T.
RED OAK
ASSOCIATES
LP
LOT 7
LOT 1R, BLOCK 17R
LINWOOD ADD177ON
(INST. NO. 021402464)
O.P.R. T.C.T.
LINWOOD ADD177ON
BLOCK 20
N co a o
0 0 0 0
LOT 1 & 2
LOT 4R
v
MONTGOMERY PLAZA
ADDITION
BLOCK 1 AND 2
PROJECT
LOCATION
MAPSCO NO.
TAR-104M
OWNER
PANTHER CITY HOLDINGS
830 TAYLOR ST
FORT WORTH, TX 76102
817-437-8906
DEVELOPER
WEST RIVER HOMES BUILDING, LLC
830 TAYLOR ST
FORT WORTH, TX 76102
817-437-8906
CITY PROJECT NO. 104341
CITY IPRC NO.IPRC22-0166
SHIELD
ENGINEERING GROUP
iw�rsnwrwu�raww�
O
0 150 300 450
GRAPHIC SCALE IN FEET
CITY OF FORT WORTH, TEXAS
DATE: I D/22/2024
AZALEA AVENUE
TOWNHOMES
VICINITY MAP
;GEND
IOPOSED PUBLIC ORWE I6'PVMT)
PROPOSED PRIVATE LANDSCAPING AREA
IOPOSED PRIVATE DRIVE (B' PVMT).•
PROPOSED CONC SIDWALK
u
ROPOSEO PRIVATE DUMPSTER (T' PVMT)
PROPOSED ROW SEEDING
J
IOPOSED PRIVATE DRIVEWAY IS' PVMTI
PNOPOSEDROWTREE
/—
J
IOPOSEOROWLIGHTING
SITE NOTES
1. ALL WORK SHALL CONFORM TO THESE PLANS. CONTRACT DOCUMENTS AND THE INTERNATIONAL BUILDING CODE.
2. ALL PAVING DIMENSIONS ARE TO FACE OF CURB WHERE APPLICABLE.
0. CONTRACTOR SHALL REFER TO ARCHITECTURAL PLANS FOR ACTUAL BUILDING DIMENSIONS,
THE BUILDING DIMENSIONS AND CORNERS SHOWN ARE TO FACE OF OUTSIDE WALLS OF BUILDING,
2. THE BOUNDARY WILL BE MONUMENTED BY OTHERS PRIOR TO THE START OF CONSTRUCTION. CONTRACTOR SHALL LOCATE AND VERIFY
THE BOUNDARY MONUMENTATION AND THE PROJECT BENCHMARK PRIOR TO COMMENCING CONSTRUCTION, THE BOUNDARY
MONUMENTATION $HALL BE USEDAS HCRNONTAL PROJECT CONTROL AND SHALL BE PROTECTED BY THE CONTRACTOR DURING ALL
PHASES OF CONSTRUCTION. TXE CONTRACTOR SHALL NOTIFY NE OWNER OF MISSING OR CONFLICTING MONUMENTATION PRIOR TO
COMMENCING CONSTRUCTION.
5. ALL WORK AROUND HANDICAP PARKING SHALL CONFORM TO ADA AND TEXAS ACCESSIBILITY STANDARDS.
6. REFERENCE ARCHITECTURAL DRAWINGS FOR BOLLARD PACEMENT,
1. REFER TO ARCHITECTURAL AND LANDSCAPE PLANS FOR ALL PLANTER LOCATIONS AND DIMENSIONS.
S. CONTRACTOR TO REFERENCE STRUCTURAL PLANS FOR BUILDING AND FOUNDATION SUBGRADE PREPARATION.
S. REFER TO STRUCTURAL PLANS FOR TRELLIS PLACEMENT
10,CONTRALTOP IS RESPONSIBLE FOR SCHEDULING AN ONSITE INSPECTION OF THE RCW TREES TO BE PLANTED WITH THE PARK A
RECREATION'SCT'FORESTFnOFFICE PRIOR TO INSTALLATION. PROVIDE? HOURS MINIMUM NOTICE TO 51T 2b72SOR817-67$$
AND/OR CITYTREEPERMITS®FORTWORTHTEXAS.GOV. TREES THAT HAVE NOT BEEN INSPECTED PRIO3TO PUNTING ARE SUBJECT TO
REJECTION.
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EXIS
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—EXIST, SONIIOu HYDRANT
`'—EXIST FIRE HYDRANT• aTE VALVE A
COVERAGE SITE & LAYOUT PLAN
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DESIGNED E: WTE � SCAL. SHEET—:
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EXHIBIT 'A "
0 40 80 UARL4BLE WIDTHENCROACHMENTF4sEmENT
I,502 SQFTOR o. o34ACRESOFLAND
GRAPHIC SCALE IN FEETWILLMHffUSSELSURVEY, ABSTRACTzg-i
CI7YOFFORTWORTH, TARRANTCOUN7Y7EXAS
LOT 1-R, BLOCK 9
LINWOOD ADDITION
(INST. NO. D21.9177603)
O.P.R.T.C.T. LOT 7
VARIABLE WIDTH
ENCROACHMENT EASEMET LINWOADDITION
BLOCK
CK 9
1,502 SQUARE FEET -VARIABLE WIDTH EASEMENT (VOL 388-B, PC 181)
INST. NO. T.C.T.D219177603 O.P.R.T.C.T.
OR 0.034 ACRES 0. P. R. \
5.5' S.S.E 8' U.E.
= rINST NO. D219177603 VOL 388-B, PG 181
O.P.R�T.C.T. — — — — — — — 'CIRF O.P.R.T.C.T.
'LA- — —
L4NDES' 3/4 /RF
—10' WIDE SSE. =1/2 CIRF
5' SSE INST. NO.
INST NO. D224092520 9.76 0224217542 �
W O.P.R.T.C.T. L6 % O.P.R.T.0 .
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/ INST. NO. in b` N cn - - > p A
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STORM FACILITY
U n / MAINTENANCE " A t�.� m m 2R \ cD*, / IR
N v o N AGREEMENT \ 5X5 POSE
2R f� N ti m a 12R I INST. No. 0224050957 N f A A oo -INST. N0. A
O a N / 0.P.R.T.C.T. \ \ _ z
(nnd 4 I k o 4.00' I I ;` o DO P R92�20 1/2 CIRF �^
2
3 2 I
13R 5X5 POSE
1R
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/ INST. NO.
D224092520
O.P.R.T.C.T.
5X5 POSE C 1
IRF
VARL48LE
INST. NO.
WIDTH U.E.
D224092520
INST. NO. D224092520
0. P. R. T. C. T.
I
0. P. R. T. C. T.
1 XR ^' m
I 100EDE0 in
INST. N0.
0224092520
L O.P.R.T.C.TS
5' UE
�NST• NO. R T C.092520
T.
AZALEA. AVENUE
(50' RIGHT-OF-WAY
VOLUME 388-B, PAGE 181)
O.P.R.T.C.T.
LEGEND:
POB
POINT OF BEGINNING
DE
INDICATES DRAINAGE EASEMENT
PAE
INDICATES PUBLIC ACCESS EASEMENT
SSE
INDICATES SANITARY SEWER EASEMENT
POSE
INDICATES PUBLIC OPEN SPACE EASEMENT
LIE
INDICATES UTILITY EASEMENT
IRF
INDICATES 5/8-INCH IRON ROD WITH PLASTIC
CAP STAMPED SHIELD ENGINEERING' FOUND
UNLESS OTHERWISE NOTED
SHIELD
ENGINEERING
TBPELS ENGINEERING #F-11039, SURVEYING #10193890
IR
PO
5X5 POSE J
INST. NO.
D224092520
O.P.R.T.C.T.
\ " N PLS 4818' \
UE�IRF
VpRIAEILE p 24p92520
PF C21NST. 0 P R.T.C•T.
ENTERLINE
A
NOTES:
1. LEGAL DESCRIPTION OF EVEN DATE
ACCOMPANIES THIS EASEMENT DRAWING.
2. BEARINGS REFERENCED TO THE TEXAS
STATE PLANE COORDINATE SYSTEM, NORTH
CENTRAL ZONE, NAD '83. ALL DISTANCES
ARE GROUND DISTANCES.
3. PLEASE SEE NEXT SHEET FOR LINE AND
CURVE TABLES.
4
"66
CODY WATSON
R.P.L.S. No. 7056
DATED: 06-10-2025
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EXHIBIT T "
VAR BLE WIDTHENCROACHMENTF.ASEMENT
t,go2 SQFTOR o" o34ACRESOFLAND
WILMMBUSSEL SURVEY, ABSTRAM5j
CI7YOFFORT WORTH, TARR ANT COUN7YTEXAS
BEING A TRACT OF LAND SITUATED IN THE WILLIAM BUSSEL SURVEY, ABSTRACT NUMBER 151, CITY OF FORT WORTH, TARRANT COUNTY,
TEXAS, AND BEING A PORTION OF LOT 1XR, BLOCK 9A-R, AZALEA AVENUE TOWNHOMES, AN ADDITION TO THE CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS, AS SHOWN ON THE PLAT THEREOF AND RECORDED IN INSTRUMENT NUMBER D224217542, OFFICIAL PUBLIC
RECORDS, TARRANT COUNTY, TEXAS (O.P.R.T.C.T.) AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 5/8 INCH IRON ROD WITH CAP STAMPED "SHIELD ENGINEERING" FOUND (IRF) BEING A COMMON SOUTHERN CORNER OF
SAID LOT 1XR AND THE EAST CORNER OF BLOCK 9B-R, OF SAID AZALEA AVENUE TOWNHOMES, AND BEING IN THE NORTH RIGHT-OF-WAY LINE
OF AZALEA AVENUE (A 50 FOOT RIGHT-OF-WAY) AS SHOWN ON THE PLATTHERE OF AND RECORDED IN 388-B, PAGE 181, O.P.R.T.C.T.;
THENCE IN A SOUTHWESTERLY DIRECTION, WITH THE COMMON LINES OF SAID LOT 1XR AND BLOCK 96-11, THE FOLLOWING COURSES AND
DISTANCES:
NORTH 00°00'00" EAST, A DISTANCE OF 105.84 FEET TO AN IRF;
NORTH 33°31'46" WEST, A DISTANCE OF 12.70 FEET TO AN IRF;
NORTH 74°15'26" WEST, A DISTANCE OF 115.48 FEET TO AN IRF;
SOUTH 15°44'34" WEST, A DISTANCE OF 123.54 FEET TO AM IRF IN THE COMMON SOUTH LINE OF SAID LOT 1XR AND THE NORTH
RIGHT-OF-WAY LINE OF SAID AZALEA AVENUE, BEING THE BEGINNING OF A NON -TANGENT CURVE TO THE RIGHT;
THENCE WITH SAID NON -TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 4.00 FEET, HAVING A RADIUS OF 750.00 FEET, A CENTRAL
ANGLE OF 00°18'20", AND A CHORD BEARING AND DISTANCE OF NORTH 73°10'02" WEST, 4.00 FEET TO A IRF BEING A COMMON SOUTHERN
CORNER OF SAID LOT 1XR AND THE SOUTHWEST CORNER OF AFOREMENTIONED BLOCK 9B-R;
THENCE IN A SOUTHEASTERLY DIRECTION, OVER AND ACROSS SAID LOT 1XR, THE FOLLOWING COURSES AND DISTANCES:
NORTH 15°44'34" EAST, A DISTANCE OF 127.46 FEET TO A POINT;
SOUTH 74°15'26" EAST, A DISTANCE OF 129.80 FEET TO A POINT;
SOUTH 00°00'00" EAST, A DISTANCE OF 117.81 FEET TO A POINT IN THE COMMON SOUTH LINE OF SAID LOT 1XR AND THE NORTH
RIGHT-OF-WAY OF SAID AZALEA AVENUE, BEING THE BEGINNING OF A NON -TANGENT CURVE TO THE RIGHT;
THENCE WITH SAID NON -TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 4.01 FEET, HAVING A RADIUS OF 750.00 FEET, A CENTRAL
ANGLE OF 00°18'24", AND A CHORD BEARING AND DISTANCE OF NORTH 85°17'22" WEST, 4.01 FEET TO THE POINT OF BEGINNING AND
CONTAINING 1,502 SQUARE FEET OF 0.034 ACRES OF LAND, MORE OR LESS.
LINE TABLE
LINE #
BEARING
LENGTH
L1
N00°00'00"E
105.84'
L2
N33"31'46W
12.70'
L3
N74"15'26"W
115.48'
L4
S15`44'34W
123.54'
L5
N15°44'34"E
127.46'
L6
S74"15'26"E
129.80'
L7
S00`00'00"E
117.8V
CURVE 11 LENGTH RADIUS
Cl 4.00' 750.00'
C2 4.01' 750.00'
SHIELD
ENGINEERING
TBPELS ENGINEERING #F-11039, SURVEYING #10193890
CURVE TABLE
DELTA CHORD BEARING CHORD LENGTH
0"18'20" N73"10'02'W 4.00'
0"18'24" N85"17'22"W 4.01'
4
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CODY WATSON
R.P.L.S. No. 7056
DATED: 06-10-2025
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AZALEA TOWNHOMES /
2AZALEA PARK CIRCLE BLOCK
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2700 BLOCK AZALEA AVENUE J
FORT WORTH, TEXAS 76107 a
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EXHIBIT B
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 12 of 12
Revised 12/2022