HomeMy WebLinkAboutContract 63898Date Received: 9/3/2025 Record Number: PN25-00031
Time Received:
9:27 a.m.
City Secretary No.: 63898
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 OHT Altamesa, 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 5554 Altamesa
Blvd, Fort Worth, Texas 76132 ("Property"), being more particularly described as, Lot
1, Block 1, of OHT Altamesa Addition, an addition to the City of Fort Worth, Tarrant
County, Texas, as recorded in Tarrant County Deed Records, by Instrument Number
D223110430; and
WHEREAS, the City owns a sewer easement and a drainage easement (the
"Public Property") within the property, dedicated to the City in easements filed in the
Tarrant County Deed Records as Instrument Numbers D214012610 and D211032901 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 fences and a call box (the "Encroachment"). Upon
completion of the Encroachment, Licensee agrees to be responsible for maintaining the
OFFICIAL RECORD
Tier II Easement Encroachment Agreement CITY SECRETARY Page 1 of 11
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 1 I
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 forty (40) 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 1 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 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.
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 1 I
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 1 I
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 (which
approval shall not be unreasonably conditioned or withheld), 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 1 I
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 (Sep 2, 2025 10:19:11 CDT)
D. J. Harrell
Director, Development Services Department
Date:
O�
gun
p FORT�pda
ATTEST: pro° '9..d Approved As To Form and Legality
P ** p
�a44�'Ea�5ti4
Jannette Goodall, Hye Won Kim
City Secretary 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 7 of 11
Revised 12/2022
Licensee:
OHT Altamesa, LLC
a Texas limited liability company
By: OHT Altamesa Manager, LLC
a Texas limited liability company,
its manager
By: O�' v
Nje:Steve Oden, Jr
Title: Manager
Date:
STATE OF
COUNTY OF ' G I S §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
1C'Xa S , on this day personally appeared Steve Oden, Jr, Manager (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 OHT Altamesa, LLC, a Texas limited liability
company, by OHT Altamesa Manager, LLC, its manager, a Texas limited liability
company (entity type), and in the capacity therein stated.
GIVEN UNDER MY HAND
I—J U 1 , 2025.
AND SEAL OF OFFICE this
�����u u u I rNriii
PV9` 9i
Notary Public in and for the
.�� O :':`PAY •
State of —7'nCG S
Orr
Tier II Easement Encroachment Agreement
I- 03`0; 11\\��
2 9�� day of
Page 8 of 1 I
Revised 12/2022
�t� 11.11.`l J_l!i 1� �lU :ill II 11''l�J � �l�J .�l I�.�LU .�I II . lU � � l�J �l I1.y 91U►1 r1''�i1
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 2nd day of
September , 2025.
At *&
67 f r
Notary Public in and for the State of Texas ?ca
•':gyp F of 9A3
•13650g1: g `��
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Tier II Easement Encroachment Agreement Page 9 of 1 I
Revised 12/2022
EXHIBIT A
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement Page 10 of 11
Revised 12/2022
A
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550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107
Tel: 817.335.1 121
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VICINITY MAP
5554 ALTAMESA BLVD, FORT WORTH, TX 76133
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EXHIBIT "A"
CENTERLINE OF FENCE ENCROACHMENT A GREEMEN T
/ /BLOCk 26
PARK PALISADES
/ CABINET A, SLIDE 4107
1
50' DRAINAGE & UTILITY
RIGHT—OF—WAY
CABINET A, SLIDE 4107
P.R.T.C.T.
POINT OF
TERMINATION
OHT ALTAMESA, LLC
C.C.D. No. D223110430
D.R.T.C.T.
N14'56'41 "E
521.13'
CITY OF FORT WORTH--_
PERMANENT DRAINAGE
FACILITY EASEMENT /
C.C.D. NO. D211032901
D.R.T.C.T.
SEE 'INSET /A'
POINT OF
BEGINNING
ACTgMFSA B
(vARA�UNT, RC°V �FVARD
C.C.D.
N0 Roir 43
0.R T I 1 0329p0 WAY)
PARCEL 1
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N75-64-28"W
73.77'
0 200'
SCALE FEET
1 "= 200'
/
APPROXIMATE LOCATI�
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Line Table
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N14'56'36"E
107
POINT OF
COMMENCING
C.C.D. NO. = COUNTY CLERK'S DOCUMENT NUMBER
D.R.T.C.T. = DEED RECORDS, TARRANT COUNTY, TEXAS
P.R.T.C.T. = PLAT RECORDS, TARRANT COUNTY, TEXAS
A metes and bounds description of
even date accompanies this drawing
DATE: MARCH 25, 2025
'INSET A'
SCALE: 1 "=50'
C2��A .
POINT OFF /
BEGINNING
N75'03'24"W /
35.00'
/ I 4
Line Bearing Distance
Number
L1 S30'02'03"E 13.00'
L2 S75'03'02"E 20.86'
Curve Table
Curve Central Angle Radius Arc Length Chord Bearing
Number and Distance
C1 027'07'02" 11.87 5.62 N26'15'46"E 5.56'
C2 049'40'50" 11.86 10.29 N37'36'17"E 9.97'
• O F•••
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STEPHEN R. GLOSUP
:;� 5570 P;:
9'L00
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SURD
Ar*zDUNAWAY4�WZ
550 Bailey Avenue • suite 400 • Fort Worth, Texas 76107 03/25/2025
Tel: 817.335.1121
TEXAS REGISTERED SURVEYING FIRM NO. 10098100
PARCEL 1
CENTERLINE OF FENCE
ENCROACHMENT AGREEMENT
Situated in the John F. Heath Survey,
Abstract No. 641, and the Mary E. Asberry
Survey, Abstract No. 49, City of Fort Worth,
Tarrant County, Texas.
PAGE 1 OF 8
DUNAWAY JOB NO. B008341.002
EXHIBIT "A"
CENTERLINE OF FENCE ENCROACHMENT A GREEMEN T
PARCEL 1
Property Description
BEING a centerline description situated in the John F. Heath Survey, Abstract No. 641, and the Mary E. Asberry Survey, Abstract No. 49, City
of Fort Worth, Tarrant County, Texas and being a part of that certain tract of land described by deed to OHT Altamesa, LLC, recorded in
County Clerk's Document Number D223110430, Deed Records, Tarrant County, Texas, (D.R.T.C.T.) said centerline description being more
particularly described by metes and bounds as follows;
COMMENCING at the southeast corner of said OHT Altamesa, LLC tract, also being in the north right-of-way line of Altamesa Boulevard (a
variable width right-of-way), recorded in County Clerk's Document Number D211032900, D.R.T.C.T., and the west right-of-way line of the
Fort Worth & Western Railroad Company railroad (a 100' width right-of-way), recorded in County Clerk's Document Number D215033427,
D.R.T.C.T.;
North 14' 56' 36" East, departing the north right-of-way line of said Altamesa Boulevard, with the east line of said OHT Altamesa, LLC
tract, and the west right-of-way line of said Fort Worth & Western Railroad Company railroad, a distance of 107.18 feet to a point;
North 75' 03' 24" West, departing the east line of said OHT Altamesa, LLC tract, the west right-of-way line of said Fort Worth &
Western Railroad Company railroad, and crossing into said OHT Altamesa, LLC tract, a distance of 35.00 feet to the POINT OF
BEGINNING of herein described centerline description for the beginning of a non -tangent curve to the left having a central angle of
27° 07' 02", a radius of 11.87 feet, and a chord bearing and distance of North 26' 15' 46" East - 5.56 feet;
THENCE continuing across said OHT Altamesa, LLC tract, the following courses and distances:
With said non -tangent curve to the left, in a northeasterly direction, an arc length of 5.62 feet to a point for the beginning of a reverse
curve to the right having a central angle of 49° 40' 50", a radius of 11.86 feet, and a chord bearing and distance of North 37' 36' 17"
East - 9.97 feet;
With said reverse curve to the right, in a northeasterly direction, an arc length of 10.29 feet to a point;
South 30' 02' 03" East, a distance of 13.00 feet to a point;
South 75' 03' 02" East, a distance of 20.86 feet to a point;
North 14' 56' 41" East, a distance of 521.13 feet to a point;
North 75' 04' 28" West, a distance of 73.77 feet to the POINT OF TERMINATION and being 644.67 linear feet.
NOTES: The basis of bearings for this survey is the Texas Coordinate System of 1983, North Central Zone
4202, based upon GPS measurements. Distances and areas hereon are surface values. A combined scale
factor of 0.999880014 was used for this project.
A drawing of even date accompanies this metes and bounds description.
OF
Stephe losup �;.••••. F
Registered Professional Land Surveyor ;•' Gf R'•;
Texas Registration No. 5570
srg@dunaway.com
March 25, 2025 STEPHEN R. GLOSUP
� � 5570 P;'�
AN'DUNAWA 9S0000*0
UR`I�•°::SS\,y,
550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107
Tel: 817.335.1121
TEXAS REGISTERED SURVEYING FIRM NO. 10098100
PARCEL 1
CENTERLINE OF FENCE
ENCROACHMENT AGREEMENT
Situated in the John F. Heath Survey,
Abstract No. 641, and the Mary E. Asberry
Survey, Abstract No. 49, City of Fort Worth,
Tarrant County, Texas.
PAGE 2 OF 8
DUNAWAY JOB NO. B008341.002
EXHIBIT "A"
ELECTRICAL BOX ENCROACHMENT A GREEMEN T
PARCEL 2
CITY OF FORT WORTH_.
PERMANENT DRAINAGE
\
FACILITY EASEMENT
—
C.C.D. NO. D211032901
D.R.T.C.T.
OHT ALTAMESA, LLC
/
C.C.D. No. D223110430
D.R.T.C.T. 0.0008
ACRE
/
S74*32'02"E
36 SQUARE FEET
�
6.00'
CITY OF FORT WORTH
N15�27'58"E
20' TEMPORARY CONSTRUCTION EASEMENT /
6.00'
/
VOLUME 6860, PAGE 242 /
S15*27'58"W
D.R.T.C.T. /
/
6.00'
N74'3202"W
Nag 03,
6.00' �
16 6 24" W
POINT OF
2'
/
BEGINNING
2
Rio
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/
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CITY OF FORT WORTH
Nci
/
20' WATER EASEMENT
"A"
�
PARCEL
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20
VOLUME 6860, PAGE 242
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COMMENCING
C.C.D. NO. = COUNTY CLERK'S DOCUMENT NUMBER
D.R.T.C.T. = DEED RECORDS, TARRANT COUNTY, TEXAS
A metes and bounds description of
even date accompanies this drawing
DATE: MARCH 25, 2025
se
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C'!�
.•
STEPHEN R. GLOSUP
5570
� SURD
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DUNAWA
550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107
Tel: 817.335.1121 03/25/2025
TEXAS REGISTERED SURVEYING FIRM NO. 10098100
0 20'
SCALE FEET
1 "= 20'
PARCEL 2
ELECTRIC BOX
ENCROACHMENT AGREEMENT
Situated in the John F. Heath Survey,
Abstract No. 641, City of Fort Worth, Tarrant
County, Texas.
PAGE 3 OF 8
DUNAWAY JOB NO. B008341.002
EXHIBIT "A"
ELECTRICAL BOX ENCROACHMENT A GREEMEN T
PARCEL 2
Property Description
BEING a tract of land situated in the John F. Heath Survey, Abstract No. 641, City of Fort Worth, Tarrant County, Texas and being a part of that
certain tract of land described by deed to OHT Altamesa, LLC, recorded in County Clerk's Document Number D223110430, Deed Records,
Tarrant County, Texas (D.R.T.C.T.), said tract of land being more particularly described by metes and bounds as follows:
COMMENCING at the southeast corner of said OHT Altamesa, LLC tract, also being in the north right-of-way line of Altamesa Boulevard (a
variable width right-of-way), recorded in County Clerk's Document Number D211032900, D.R.T.C.T., and the west right-of-way line of the Fort
Worth & Western Railroad Company railroad (a 100' width right-of-way), recorded in County Clerk's Document Number D215033427,
D.R.T.C.T.;
North 14' 56' 36" East, departing the north right-of-way line of said Altamesa Boulevard, with the east line of said OHT Altamesa, LLC
tract, and the west right-of-way line of said Fort Worth & Western Railroad Company railroad, a distance of 69.53 feet to a point;
North 75' 03' 24" West, departing the east line of said OHT Altamesa, LLC tract, the west right-of-way line of said Fort Worth & Western
Railroad Company railroad, and crossing into said OHT Altamesa, LLC, tract, a distance of 16.62 feet to the POINT OF BEGINNING of
herein described tract of land;
THENCE continuing across said OHT Altamesa, LLC tract, the following courses and distances:
North 74' 32' 02" West, a distance of 6.00 feet to a point;
North 15' 27' 58" East, a distance of 6.00 feet to a point;
South 74' 32' 02" East, a distance of 6.00 feet to a point;
South 15' 27' 58" West, a distance of 6.00 feet to the POINT OF BEGINNING and containing a calculated area of 36 square feet or 0.0008
acre or land.
NOTES: The basis of bearings for this survey is the Texas Coordinate System of 1983, North Central Zone
4202, based upon GPS measurements. Distances and areas hereon are surface values. A combined scale
factor of 0.999880014 was used for this project.
A drawing of even date accompanies this metes and bounds description.
Stephe R. Glosup
OF
••••••; F
Registered Professional Land Surveyor
;•' Gf R'•;
Texas Registration No. 5570
srg@dunaway.com
March 25, 2025
STEPHEN R. GLLP
5570
�
AN' DUNAWAY9�•°:SUR`I:S
?\,.
550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107
Tel: 817.335.1121
TEXAS REGISTERED SURVEYING FIRM NO. 10098100
PARCEL 2
ELECTRIC BOX
ENCROACHMENT AGREEMENT
Situated in the John F. Heath Survey,
Abstract No. 641, City of Fort Worth, Tarrant
County, Texas.
PAGE 4 OF 8
DUNAWAY JOB NO. B008341.002
EXHIBIT "A"
CENTERLINE OF FENCE ENCROACHMENT A GREEMEN T
PARCEL 3
I I 1 TEXAS MIDSTREAM GAS
Q I SERVICES, L.L.C.
N 3 I I C.C.D. NO. D210045061
cc
D.R. T.C.T.
0 30' Q o M
= Q GNU
SCALE FEET Of a
1"= 30' = i— c o I I POINT OF
L o I I BEGINNING W
Q O m I I I S83'18'00"E
Ln U
u jI 1 S83'17'24"E 4.66'
II 46.27' I I OHT ALTAMESA, LLC
C.C.D. NO. D223110430
BO D.R. T.C.T.
00
6 I I POINT OF
ui� I I TERMINATION S4¢41
W I 140 6
10�P�S�
Z \ \ CITY OF RWORTH
PERMANENT SEWER
FACILITY EASEMENT
C.C.D. NO. D214012610
D.R.T.C.T.
POINT OF \
COMMENCING
� I �
C.C.D. NO. = COUNTY CLERK'S DOCUMENT NUMBER
D.R.T.C.T. = DEED RECORDS, TARRANT COUNTY, TEXAS
A metes and bounds description of
even date accompanies this drawing
DATE: MARCH 25, 2025
• O F•••
•••� � s r
eR •• 9
r� -
STEPHEN R. GLOSUP
:; 5570
9'1'p •:::: �'• y�
550 Bailey Avenue • suite 400 • Fort Worth, Texas 76107 03/25/2025
Tel: 817.335.1121
TEXAS REGISTERED SURVEYING FIRM NO. 10098100
PARCEL 3
CENTERLINE OF FENCE
ENCROACHMENT AGREEMENT
Situated in the John F. Heath Survey,
Abstract No. 641, City of Fort Worth, Tarrant
County, Texas.
PAGE 5 OF 8
DUNAWAY JOB NO. B008341.002
EXHIBIT "A"
CENTERLINE OF FENCE ENCROACHMENT A GREEMEN T
PARCEL 3
Property Description
BEING a centerline description situated in the John F. Heath Survey, Abstract No. 641, City of Fort Worth, Tarrant County, Texas and being a
part of that certain tract of land described by deed to OHT Altamesa, LLC, recorded in County Clerk's Document Number D223110430, Deed
Records, Tarrant County, Texas (D.R.T.C.T.), said centerline description being more particularly described by metes and bounds as follows:
COMMENCING at the most westerly southwest corner of said OHT Altamesa, LLC tract, also being in the east right-of-way line of State Highway
121 (Chisholm Trail Parkway) (a variable width right-of-way), recorded in County Clerk's Document Number D206412300. D.R.T.C.T.;
North 06' 42' 36" East, with the west line of said OHT Altamesa, LLC tract and the east right-of-way line of said State Highway 121, a
distance of 56.88 feet to a point;
South 83' 17' 24" East, departing the west line west line of said OHT Altamesa, LLC tract, the east right-of-way line of said State Highway
121, and crossing into said OHT Altamesa, LLC tract, a distance of 46.27 feet to the POINT OF BEGINNING of herein described centerline
description;
THENCE South 83' 18' 00" East, crossing said OHT Altamesa, LLC tract, a distance of 14.66 feet to the POINT OF TERMINATION and being 14.66
linear feet.
NOTES: The basis of bearings for this survey is the Texas Coordinate System of 1983, North Central Zone
4202, based upon GPS measurements. Distances and areas hereon are surface values. A combined scale
factor of 0.999880014 was used for this project.
A drawing of even date accompanies this metes and bounds description.
_ 0
Stephen �osup �; •• •; F
Registered Professional Land Surveyor A, ;•' G \ �f R *
Texas Registration No. 5570
srg@dunaway.com
March 25, 2025 STEPHEN R. GLOSUP
5570
DUNAWAY o ..... .
SUR`I
550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107
Tel: 817.335.1121
TEXAS REGISTERED SURVEYING FIRM NO. 10098100
PARCEL 3
CENTERLINE OF FENCE
ENCROACHMENT AGREEMENT
Situated in the John F. Heath Survey,
Abstract No. 641, City of Fort Worth, Tarrant
County, Texas.
PAGE 6 OF 8
DUNAWAY JOB NO. B008341.002
EXHIBIT "A"
CENTERLINE OF FENCE ENCROACHMENT A GREEMEN T
PARCEL 4
50' DRAINAGE & UTILITY
RIGHT-OF-WAY
CABINET A, SLIDE 4107
POINT OF
P.R.T.C.T.
COMMENCING
�o
�d
(
P
`
O�P� ARP
N 3
} Q I N
Q 11 h-
J 0' j,-:
CO
11
I
OHT ALTAMESA, LLC
= Q& a U
(D 1-i
d
;N
C.C.D. NO. D223110430
D.R.T.C.T.
C *Zp
NI
L=
J J p
U
N (3
S8635'24"E
= v
1.48
U
POINT OF
BEGINNING
0 30,
SCALE FEET
ill=30'
CITY OF FORT WORTH
PERMANENT SEWER
FACILITY EASEMENT
S03'29'23"W - =
C.C.D. NO. D214012610
= D.R.T.C.T.
25.01'
—
POINT OF-
TERMINATION i
I I TEXAS MIDSTREAM GAS
SERVICES, L.L.C.
C.C.D. NO. D210045061
D.R.T.C.T.
C.C.D. NO. = COUNTY CLERK'S DOCUMENT NUMBER
D.R.T.C.T. = DEED RECORDS, TARRANT COUNTY, TEXAS
P.R.T.C.T. = PLAT RECORDS, TARRANT COUNTY, TEXAS
A metes and bounds description of
even date accompanies this drawing
DATE: MARCH 25, 2025
• O F•••
� �•••� � s r eR •• 9
C'
STEPHEN R. GLOSUP
5570 P;:
9�QO•1 iss ,yO
SDR`I�"
AN'DUNAWAY .
550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107
Tel: 817.335.1121 03/25/2025
TEXAS REGISTERED SURVEYING FIRM NO. 10098100
PARCEL 4
CENTERLINE OF FENCE
ENCROACHMENT AGREEMENT
Situated in the John F. Heath Survey,
Abstract No. 641, City of Fort Worth, Tarrant
County, Texas.
PAGE 7 OF 8
DUNAWAY JOB NO. B008341.002
EXHIBIT "A"
CENTERLINE OF FENCE ENCROACHMENT A GREEMEN T
PARCEL 4
Property Description
BEING a centerline description situated in the John F. Heath Survey, Abstract No. 641, City of Fort Worth, Tarrant County, Texas and being a
part of that certain tract of land described by deed to OHT Altamesa, LLC, recorded in County Clerk's Document Number D223110430, Deed
Records, Tarrant County, Texas (D.R.T.C.T.), said centerline description being more particularly described by metes and bounds as follows:
COMMENCING at the northwest corner of said OHT Altamesa, LLC tract, also being in the east right-of-way line of State Highway 121 (Chisholm
Trail Parkway) (a variable width right-of-way), recorded in County Clerk's Document Number D206412300. D.R.T.C.T.;
South 03' 24' 36" West, departing the north line of said OHT Altamesa, LLC tract, with the west line of said OHT Altamesa, LLC tract and
the east right-of-way line of said State Highway 121, a distance of 104.68 feet to a point;
South 86' 35' 24" East, departing the west line west line of said OHT Altamesa, LLC tract, the east right-of-way line of said State Highway
121, and crossing into said OHT Altamesa, LLC tract, a distance of 1.48 feet to the POINT OF BEGINNING of herein described centerline
description;
THENCE South 03' 29' 23" West, continuing across said OHT Altamesa, LLC tract, a distance of 25.01 feet to the POINT OF TERMINATION and
being 25.01 linear feet.
NOTES: The basis of bearings for this survey is the Texas Coordinate System of 1983, North Central Zone
4202, based upon GPS measurements. Distances and areas hereon are surface values. A combined scale
factor of 0.999880014 was used for this project.
A drawing of even date accompanies this metes and bounds description.
0 F
SJepe�n4losup �; •• •;
Registered Professional Land Surveyor ;•' Gf R'•;
Texas Registration No. 5570
srg@dunaway.com
March 25, 2025 STEPHEN R. GLLP
5570
AN' DUNAWAY9�•°:SUR`I:S ?\,. �
550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107
Tel: 817.335.1121
TEXAS REGISTERED SURVEYING FIRM NO. 10098100
PARCEL 4
CENTERLINE OF FENCE
ENCROACHMENT AGREEMENT
Situated in the John F. Heath Survey,
Abstract No. 641, City of Fort Worth, Tarrant
County, Texas.
PAGE 8 OF 8
DUNAWAY JOB NO. B008341.002
MASONRY CAPPER LANDSCAPE ARCH.) 1
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BRICK VENEER PER LANDSCAPE ARCH. �� I 1#5 VERTICAL EACH CELL
8" CMU COLUMN GROUT _ m
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550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107
Tel:817.335.1121 5554 ALTAMESA BLVD, FORT WORTH, TX 76133
(TX REG. F-1114)
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Tel: 817.335.1121
(TX REG. F-1114)
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BOTTOM
4 "x8 " BOX CUL VER T
AREA 2 TYPICAL SECTION
NOT TO SCALE
ENCROACHMENT AREA NO. 2
TYPICAL SECTION
5554 ALTAMESA BLVD, FORT WORTH, TX 76133
., ,
OVERKkWa 114r 114' 3' SO RUBE TOP RAIL
4' O.C. i• 3' Sq TUBE POST
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550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107
Tel: 817.335.1121
(TX REG. F-1114)
10" SEWER LINE
BRICKVENEER COLUMN
V117HCASTSTOHECAP TYP.
1' S0. TUBE PICKM REF. PLAN FOR LOCATIONS
----- - - - - -_
71
AREA 3 TYPICAL SECTION
NOT TO SCALE
ENCROACHMENT AREA NO. 3
TYPICAL SECTION
5554 ALTAMESA BLVD, FORT WORTH, TX 76133
3' SO TUBE TOP RAIL
4" O.C. 1' OVERHANG
3' SQ. TUBE POST
lz�� P SO. TUBE INTERMEDIATE RAIL
>7
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i
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WITH #3TIES @10"O.C.
PIER SPACING! 16'-6" C.C. MAX.
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17'O
0 10" SEWER LINE
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AREA 4 TYPICAL SECTION
NOT TO SCALE
BRICK VENEER. COLUMN
WJTHCASTSTIE]NECAP TYP.
REF.. PLAN FOR LOCATIONS
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DUNAWA ENCROACHMENT AREA N0. 4
Y TYPICAL SECTION
550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107
Tel:817.335.1121 5554 ALTAMESA BLVD, FORT WORTH, TX 76133
(TX REG. F-1114)
EXHIBIT B
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 11 of 11
Revised 12/2022