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Home My WebLink AboutContract 6415010/23/2025 Date Received: Record Number: PN25-00135 --------- . . 9:30 a.m. Time Received: ---------. 64150 City Secretary No.: _______ _ PUBLIC PROPERTY RIGHT-OF-WAY ENCROACHMENT LICENSE AGREEMENT TIER/I 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 Cook Children's Medical Center, a Texas non-profit organization ("Licensee"), acting by and through its duly authorized representative. RECITALS WHEREAS, Licensee is the owner of the real property located at 1000 6th Avenue, Fort Worth, Texas 76104 ("Property"), being more particularly described as, Lot 9R, Block 5, of Grand View Addition, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Deed Records, by Instrument Number D213197126; and WHEREAS, the City owns a right-of-way (the "Public Property") adjacent to the Property, dedicated by plat, depicted on the final plat of the property which plat is recorded in the plat records of Tarrant County as Instrument D201039003; 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 21 square foot fiber pull box, 56 linear footage of fiber conduit, 880 square footage of Utility conduit and irrigation lines (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be Tier II ROW Encroachment Agreement Page 1 of 12 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 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 ROW Encroachment Agreement Page 2 of 12 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). Additionally, Licensee agrees to pay a fee in the amount of $2.25 per square/linear foot of the encroachment area upon execution of this Agreement and annually thereafter. r� 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 Properiy 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 ROW Encroachment Agreement Page 3 of 12 9. LICENSEE COVENANTS AND AGREES TO INDENINIFY, 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 ROW Encroachment Agreement Page 4 of 12 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 ROW Encroachment Agreement Page 5 of 12 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 ROW Encroachment Agreement Page 6 of 12 [SIGNATURES APPEAR ON FOLLOWING PAGE] Tier II ROW Encroachment Agreement Page 7 of 12 EXECUTED to be effective on the date signed by the City's Director of Development Services Deparbment City: CITY OF FORT WORTH �aCton tfa��eCC By. D�aITonHarrell(OctL0.20L510:48:55CDT1 D. J. Harrell Director, Development Services Department Date: 10/20/2025 an o�r FOqpq�pd ATTEST: "�� °aA° v!`g p�10 pP � �°i� p � � ��-�x� aaanVnezps44 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. �� Kandice Merrick Development Services Manager Tier II ROW Encroachment Agreement Page 8 of 12 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Licensee: Cook Chidren's Medical Center A Texas non-profit corporation By. _ c��._..-- ame: n ks Title: Vi�e €'resi�ent, Construction and Real Estate Date: � I � W 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 Spencer Seals, Vice President, Construction and Real Estate 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 Cook Children's Medical Center, a Texas non-profit corporation, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this � day of 1 202�. J Notary Public in and for the State of ��XaS — ,- �•, �., �pontt� Munoi _ ��'%''r�° PubliC � tary *= STATE OF TF�AS :�y,�Mr,•.p' Notdry ID �1►135231?85 •..�of� My Comm. Exp.44j1112429 Tier II ROW Encroachment Agreement Page 9 of 12 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 October , 20 25 1/✓�a'��r�e.e MY HAND AND SEAL OF OFFICE this 20th day of Notary Public in and for the State of Texas ' Wendy B�ardslee �, My Cammicsion Expir�s * Tl2$12029 Notary 1�133237193 Tier II ROW Encroachment Agreement Page 10 of 12 EX�IIBIT A Depiction and description of the Encroachment Tier II ROW Encroachment Agreement Page 11 of 12 v\ \ / 7� �- / ' _ � � � � � � � pRl�lT PENNS�'LVANIA CANN N _ �-- CO PER � TERRELL 0 HUMBOLT Q 1 _ � � WORTH o � w J � w J ENNSYLV IA PRUI T CANI� 0 I Y Q � u� _ � DASH D01 OSE ALE LEA DER °O AGN l�l A VIClNITY MAP NOi TO SCALE CCMC SOUTH UTILITY PLANT EXPANSION RIGHT-OF-WAY ENCROACHMENTAGREEMENT FORT WORTH, TEXAS _ � � �1:3i] PULASKI ROSEDALE � z O � W OLEANDER � _ w � � � � � MISTLETOE _ � � � _ � DLJNAWA Y 550 Balley Avenue • Sulte 400 •�ort wortn, Texas 76107 Tel: 817.335.1121 (iX REG, F-1114) �� EXH/Bl T "A " RIGH T— OF— WA Y ElV CROA CHMEN T EA SEMEN T A PART OF THE J. HEATH SUR1/EY, ABSTRACT NUMBER 641 PARCEL 1 LOT LOT I 25 26 ��} 6p�k ��ticc �,o �� LOT 27 BLOCK 5 GRANDVIEW ADDITION VOLUME 63, PAGE 29 P.R.T.C.T. LOT 28 LOT 29 POINT OF BEGINNING POINTflF PARCEL 1 COMMENCWG N$J�3�J��„E PARCEL 1 1.D0' S89'33'25"W 249.00' — LOT 9—R, BLOCK 5 GRANDVIEW ADDITION VOLUME 388-154, PAGE 30 P.R.T.C.T. � � `PARCEL 1 °} a0 RIGHT—OF—WAY ENCROACHMENT � � EASEMENT 76 SQUARE FEET / 0.001 ACRE 0 20' SCALE FEET �"= 20' 3 W R ■ '•" `� W. PULASKI STREET rn � :" `��' (60' WIDTH PUBLJC RIGHT—OF—WAY) � � VOLUME 63, PAGE 29 P.R.T.C.T. N89'46'4" 0. N89'4fi'47'E 4.23' Sflfl'13'13"E i�3.50' S89'4-6'47�W -s.00' N00'13'13"W A metes and bounds description of even date accompanies this drawing. DATE: AUGUST 11, 2025 LOT 1 R, BLOCK 6 GRANDViEW ADDITION C.C.D. N0. D21 41 71 058 P.R.T.C.T. � aur�awA v 550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107 Te1:8t7.335.112T TEXAS REGISTERED SURVEYING FIRM NO. 1 �098100 '� E ■ �� ■. T � ± �tiG � s r E'� o: .� . �.n STEPHEN R. GLOSUP �'•;.� 5570 �,P : � g�p � •: .:: a'�'�� 5{�R`��" ,� 08/1112Q25 PAGE 2 OF 7 EXHlBI T "A " RIGH T- OF- WA Y ENCROA CHMEN T EA SEMEN T A PART OF THE W. WELCH SUR1/EY, ABSTRACT NUMBER 1644 PROPERTY dESCRIPTION BEING a tract of land situated in the W. Welch Survey, Abstract Na.1644, City of Fort Worth, Tarrant County, Texas, being that portion of W. Pulaski Street as shown on plat for Grandview Addition, an Addition to the Ciry of Fort Worth according to the plat recorded in Volume 63, Page 29, Plat Records, Tarrant County, Texas, said trect of land being more particularly described by metes and bounds as follows: COMMENCING at a point in the north right-of-way line of W. Pulaski Street { a 60' width right-of-way), the south line of Block 5, of said Grandview Addition for the southwest corner of Lot 9-R, Block 5, Grandview Addition, an Addition to the City of Fort Worth, according to the plat recorded in Volume 388-154, Page 30, Plat Records, Tarrant County, Texas; South 89°33'25" West, departing the southwest corner of said lot 9-R, Block 5, Grandview Addition, with the south line of said Block 5, Grandview Addition, the north right-of-way line of said W. Pulaski Street, a distance of 249.00 feet to the POINT OF BEGINNING of the herein described tract of land; THENCE departing the north right-of-way line of said W. Pulaski Street and the south line of said Block 5, Grandview Addition, crossing into said W. Pulaski Street, the following courses and distances: 5outh 00°29'S8" East, a distance of 55.89 feet; North 89°46'47" East, a distance of 4.23 feet; South 00°13'13" East, a distance of 3.50 feet; South 89°46'47" West, a distance of 6.00 feet; North 00° 13'13" West, a distance of 3.50 feet; North 89"46'47" East, a distance of 0.77 feet; North 00°29'S8" West, a distance of 55.88 feet to a paint in the north right-of-way line of said W. Pulaski Street, the south line of said Block 5, Grandview Addition; THENCE North 89°33'25" East, with the south line of said Block 5, Grandview Addition, the north right-of-way line of said W. Pulaski Street, a distance of 1.00 feet to the POINT OF BEGINNING and containing a calcuiated area of 76 square feet or 0.001 acre of land. NOTES: The basis of bearings for this Easement is the Texas Coordinate System of 1983, North Central Zone, 4202, based upon GPS measurements, according ta the GPS Reference Network. The metes and bounds description contained herein was compiled from information contained in recorded documents and does not reflect the results of an on the ground survey. A drawing of even date accompanies this metes and bounds description. PAGE 3 OF 7 EXHIBIT "A" PARCEL 1 Stephen R. Gfasup I/ Registered Professional Land Surveyor Texas Registration No. 5570 srg@dunaway.com August 11, 2025 -� vun�AwA Y 550 Baley Avenue • Suife 400 • Forf Worth, Texas 76107 Tel: 817.335.1121 TEXAS REGISTERED SURVEYING FIRM NO. 10098100 � 4� � r ,�'� G`S�E,� r �' � � ; � � Fo � �' .� . STEPHEN R. GLDSIJP 9►�:QF��r�.� � �� • S i1 R `� �" �� RIGHT-OF-WAY ENCROACHMENT EASEMENT 76 SQUARE FEET or 0.001 ACRE A PART OF W. WELCH SURVEY, ABSTRACT NUMBER 1644, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS City of Fort Worth, Tarrcnt County, Texas. EXHlBIT "A " RIGH T— OF— WA Y EIVCRDA CHMEN T EA SEMEN T A PART OF THE J. HEATH SUR1/EY, ABSTRACT NUMBER 641 PARCEL 2 i LOT 25R, BLOCK 10 I SOUTHLAND SUBDIVISION C.C.D. N0. D201039003 P.R.T.C.T. N00'38'01 "W 24.24' POINT OF BEGINNING PARCEL 2 N 00': — — "" 9.34' POINT OF COMMENCING PARCEL 2 SOUTHLAND AVENUE (50' WIDTH PUBLIC RIGHT—OF—WAY) _ — — � ��-,°:..r �P�.•� � s r �-� F-�- [.� � � � Fp J' � • STEPHEN R. GLOSUP r : � 5570 P : e- �'�� %: ::. °'�-�° „ su�� 49"E 13.00' S00'29'44"E r0 91• N89'30'S8"E 49.82' S89'21'S9'W 58.96' �w U J � � ^ LJJ � Q z�3 �� Q � � = J ~ �m= � Q c� �� a > .� �'�� DUNAWA 08/11 /202� � A metes and bounds description of even date accompanies this drawing. 55oea�eynvenue • suneaoo • Fortwortn.rexas�eio� Tel: 817.335. F ] 21 TEXAS REGlSTERED SURVEYING FIRM NO. 10098100 � s��i1�� I �ti�' G �� I '��$`�� PARCEL 2 RIGHT—OF—WAY ENCROACHMENT EASEMENT 880 SQUARE FEET / 0.020 ACRE � 14.00' '35"E LOT 7—R-1—R, BLOCK 4R GRANDVIEW ADDI110N C.C.D_ N0. D210172187 P. R. T. C. T. 0 20' SCALE FEET 1 �= 20' PAGE 4 OF 5 DATE: AUGUST 11, 2025 Exyie� r "a " RIGH T- OF- WA Y ElV CROA CHMEN T EA SEMEN T A PART OF THE W. WELCH SUR1/EY, ABSTRACT NUMBER 1644 PROPERTY DESCRIPTION BEING a tract of land situated in the W. Welch Survey, Abstrect Na. 1644, City of Fort Worth, Tarrant County, Texas, being that portion of 7th Avenue as shown on plat for Grandview Addition, an Addition to the City of Fort Worth according to the plat recorded in Volume 63, Page 29, Plat Records, Tarrant County, Texas, said tract of land being more particularly described by metes and bounds as follows: COMMENCING at a point for the intersection of the west right-of-way line of 7th avenue ta variable width right-of-way) and the north right-of-way line of Southland Avenue (a 50' width right-of-way), for the southeast corner of Lot 25R, Block 10, Southland Subdivision, an Addition to the City of Fort Worth, according to the plat recorded in County Clerk's Document Num6er D201039003, Plat Records, Tarrant County, Texas; North 00°38'01" West, departing the north right-of-way line of said Southland Avenue, with the west right-of-way line of said 7th Avenue, the east line of said Lot 25R, Block 10, Southland Subdivision, a distance of 934 feet to the POINT OF BEGINNING of the herein described tract of land; THENCE North 00°38'Ol" West, continuing with the west right-of-way line of said 7th Avenue and the east line of said Lot 25R, Block 10, Southland Subdivision, a distance of 24.24 feet to a point; THENCE departing the west right-of-way line of said 7th Avenue and the east line nf said lot 25R, Block 10 Southland Subdivision, crossing into said 7th Avenue, the following courses and distances: South 45°37'49" East, a distance of 13.00 feet; South 00°29'04" East, a distance of 0.91 feet; North 89"30'S6" East, a distance of 49.82 feet to a point in the east right-of-way line of said 7th Avenue, the west line of Lot 7-R-1-R, Block 4R, Grandview Addition, an Addition to the City of Fort Worth, according to the plat recorded in County Clerk's Document Number D210172187, Plat Records, Tarrant, County, Texas; THENCE South 00°26'35" East, with the east line of said Lot 7-R-1-R, Block 4R, Grandview Addition and the east right-of-way line of said 7th Avenue, a distance of 14.00 feet to a point; THENCE South 89°21'S9" West, departing the east line of said Lot 7-R-1-R, Block 4R, Grendview Addition and the east right-of-way line of said 7th Avenue, crossing into said 7th Avenue a distance of 58.96 feet to the POINT OF BE6INNING and containing a calculated area of 880 square feet or 0.020 acre of land. NOTES: The basis of bearings for this Easement is the Texas Coordinate System of 1983, North Central Zone, 4202, based upon GPS measurements, according ta the 6PS Reference Network. The metes and bounds description contained herein was compiled from information contained in recorded documents and does not reflect the results of an on the ground survey. A drawing of even date accompanies this metes and bounds description. PAGE 5 OF 7 EXHIBIT "A" PARCEL 2 Registered Professional Land Surveyor Texas Registration No. 5570 srg@dunaway.com August il, 2025 � DI�JNAWA y 550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107 Tel: 817.335.1121 TEXAS REGISTERED SURVEYING FIRM NO. 10098100 ��;,.Q :,. rF ,�P�.•� � 5 r �,� , 9 '�, :• F` � �o :,�' ■� ■ STEPHEN R. GLOSUP � �.� 5574 .' � ��°o s u �i � �� RIGHT-OF-WAY ENCROACHMENT EASEMENT 880 SQUARE FEET or 0.020 ACRE A PART OF W. WELCH SURVEY, ABSTRACT NUMBER 1644, CITY OF FORT WORTH, TARRANT COUNN, TEXAS City of Fort Worth, Tarrant County, Texas. EXHIBI T "A " lRRIGA TION RIGH T- OF- WA Y ENCRDA CHMEN T A GREEMEN T A PART OF THE W. WELCH SUR1/EY, ABSTRACT NUMBER 1644 PARCEL 3 LOT LOT 25 26 27T 28 29 BLOCK 5 GRANDVIEW ADDITION VOLUME 63, PAGE 2� P.R.T.C.T. LOT LOT LOT LOT LOT 25 26 27 2B 29 L7 C5 LOTS 24-27 BLOCK 5 iRACT FOUR COOK CHILDREN'S MEDICAL CENTER VOLUME 14233 PA�E 388 D.R.T.C.T. — — ��— — �� yD ��I�p` � LOT 9—R, BLOCK 5 GRANDYIEW ADDITION VOLUME 388-154. PAGE 3d P.R.T.C.T. CHILDREN'S MEDICAL CENTER C.C.D. N0. D213197126 D.R.T.C.T. COMMENCING 20' X 20' P.O.S.E. VOLUME 388-154, SLIDE 30 P.R.T.C.T. 589'33'25"W, POINT OF �18.59' BEGINNING�'�,; 6TH AVENUE (VARIABLE WIDTH RIGHT—OF—WAI� � POINT OF� � LOTS 28-29 BLOqC 5 TRACT FlVE COOK CHILDREN'S MEDICAL CENTER VOLUME 14233 PAGE 388 D.R.T.C.T. NA9'28'23'E 317.A6' — — C4 W. PULASKI STREET (60' WIDTH PUBUC REGHT—OF—WAY) VOLUME 63, PA6E 29 P.R.T.C.T. LOT 1 R, BLOCK 6 GRANDVIEW ADDITION C.C.D. Nfl. D214171058 P.R.T.G.T. � � PARCEL 3 IRRIGATION RIGHT—OF—WAY ENCROACHMENT AGREEMENT 2,819 SQUARE FEET / 0.064 ACRE — — —� 1 I Line Table Line Bearing Distance Number L1 S00'26'35'E 5.11� L2 S51'28'35'E 1.71' L3 N8977'36'E 13.28' L4 500'29'09'E d.SU' LS NB9'32'15'E 6.00' L6 S00'12'14'E 4.67' L7 NO2'10'28'E 2_80' 0 50' SCALE FEET 1 "= 50' A m etes and bounds description of even date accompanies this drawing. DATE: SEPTEMBER 4, 2025 Curve Table Curve Central Angle Radius Arc Length Chord Bearing Number and Distance C1 090'15'31� 0.50 0.79 S45'20'00'E 0.71' C2 06137'47" 0.50 0.54 S3D36'39'W 0.51' C3 02830'04' 14.50 7.21 S75'40'35'W 7.14' C4 000'17'49' 63,ODB.79 326.48 SB9'39�21�W 326.48' C5 088'35'S7' S.00 7.73 N48'11'29"W 6.98' � QUNAWA Y 550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107 Tel: 817.335.1121 TEXAS REGISTERED SURVEYING FIRM NO. 10099100 � E�F r ,....... ,`F��••� � S r ��p �, 9 � : ��C' �' �`� : J' STEPHEN R. GLOSUP v • � : � 5570 P'� � 7'��a •:: :: pL;: �O S U R'� �. .� 09/04/2025 PAGE 1 OF 3 EXHIBI T "A " lRRIGA TION RIGH T- OF- WA Y ENCRDA CHMEN T A GREEMEN T A PART OF THE W. WELCH SURI/EY, ABSTRACT NUMBER 1644 PARCEL 3 PROPERTY DESCRIPTION BEING a tract of land situated in the W. Welch Survey, Abstract No. 1b44, City of Fort Worth, Tarrant County, Texas, being that portion of W. Pulaski Street (a 60' width right-of-way), as shown on the plat for Grandview Addition, an Addition to the City of Fort Worth according to the plat recorded in Volume 63, Pages 29-30, Plat Records, Tarrant County, Texas, said tract of land being more particularly described by metes and bounds as follows: COMMENCING at a point in the west right-of-way line of 6th Avenue (a variable width right-of-way), and the north right-of-way line of said W. Pulaski Street, the southeast corner of Lot 9-R, Block 5 of Grandview Addition, an Addition to the City of Fort Worth according to the plat recorded in Volume 388-154, Page 30, Plat Records, Tarrant County, Texas, the most southeast corner of that certain tract of land as decribed by deed to Cook Children's Medical Center, County Clerk Document Number D213197126, Deed Records, Tarrant County, Texas; South 89°33'25" West, departing the southeast corner of said Lot 9-R, Block 5, Grandview Addition, with the north right-of-way line of said Pulaski Street, a distance of 18.59 feet to a point; South 00'26'35" East, crossing into said W. Pulaski Street, departing the south line of said Cook Children's Medical Center, a distance of 5.11 feet to the POINT OF BEGINNING of the herein described tract of land; THENCE continuing to across said W. Pulaski Street, the following courses and distances: South 51°28'35" East, a distance of 1.71 feet to a point; North 89°27'36" East, a distance of 13.28 feet to a point; South 00°29'09" East, a distance of 0.50 feet to a point; North 89'32'15" East, a distance of 6.00 feet to a point for the beginning of a curve to the right having a central angle of 90°15'31", a radius of 0.50 feet and a chord bearing and distance of South 45'20'00" East - 0.71 feet; With said curve to the right in a southeasterly direction, an arc length of 0.79 feet to a point; South 00°12'14" East, a distance of 4.67 feet to a point for the beginning of a curve to the right having a central angle of 61°37'47", a radius of 0.50 feet and a chord bearing and distance of South 30'36'39" West - 0.51 feet; With said curve to the right in a southwesterly direction, an arc length of 0.54 feet to a point for the beginning of a compound curve to the right having a central angle of 28°30'04", a radius of 14.50 feet and a chord bearing and distance of 5outh 75"40'35" West - 7.14 feet; A drawing of even date accompanies this metes and bounds description. DATE: SEPTEMBER 4, 2025 � vu r�AwA Y 550 Bailey Avenue • Suffe 400 • Fort Warth, Texas 76107 7eI: 817.335.1121 TEXAS REGISTERED SURVEYING FlRM NO. 10098100 E �� r � ,....., ti ;•••� � s � �� :.�-v �; �. � �a,,�' .� . STEPHEN R. GLOSUP 9 � �55700 �;:o ' ° essi :' �p ■■...,..• �-1 SUR`� � • /dKl 09/04/2025 PAGE 2 OF 3 EXHIBI T "A " lRRIGA TION RIGH T- OF- lNA Y ENCRDA CHMEN T A GREEMEN T A PART OF THE W. WELCH SURI/EY, ABSTRACT NUMBER 1644 PARCEL 3 With said compound curve to the right in a southwesterly direction, an arc length of 7.21 feet to a point for the beginning of a non-tangent curve to the right having a central angle of 00°17'49", a radius of 63,008.79 feet and a chord bearing and distance of South S9°39'21" West - 326.48 feet; With said non-tangent curve to the right in a southwesterly diredion, an arc leng#h of 326.48 feet to a point for the beginning of a non-tangent curve to the right having a central angle of 88'35'S7", a radius of 5.00 feet and a chord bearing and distance of North 46°ll'29" West - 6.98 feet; With said non-tangent curve to the right in a northwesterly direction, an arc length of 7.73 feet to a point; North 02°10'28" East, a distance of 2.80 feet to a point; North 89°26'29" East, a distance of 317.46 feet to the PdINT OF BE6iNNING and containing a calculated area of 2,819 square feet or 0.064 acre of land. NOTES: The basis of bearings for this Encroachment is the Texas Coordinate System of 1983, North Central Zone, 4202, based upon GPS measurements, according to the GPS Reference Network. The metes and bounds description contained herein was compiled from information contained in recorded documents and does not reflect the results of an on the ground survey. A drawing of even date accompanies this metes and bounds description. PAGE 3 OF 3 EXHIBIT "A" PARCEL 3 Registered Professional Land Surveyor Texas Registration No. 5570 srg@dunaway.com September 4, 2025 � vuNAw►o► y 550 Baley Avenue • Suife 400 • Fort Worth, Texas 7b 107 Tel: 817.335.1121 TEXAS REGISTERED SURVEYING FIRM NO. 10098100 ,�E fl F T�' �P� G��r£+4'+ 9 4i : � k' � c�'o : �' .� . STEPHEN R. GL05�1P � :'°.� 557fl �: ��oSUR�•�� p��■ IRRIGATION RIGHT-OF-WAY ENCROACHMENT AGREEMENT 2,819 SQUARE FEET or 0.064 ACRE A PART OF W. WELCH SURVEY, ABSTRACT NUMBER 1644, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS City of Fort Worth, Tarrant County, Texae. i � � � _, � --� � - �-..-. e � �, , Ea- _ , I � —. . t --• -•-- ---=i � , LOT 21, BLQCK 5 � �ANDVIEW A�DITIa )LUME 63, PAG� P.R.T.C.i.� f I � EXISIrilVG GAS - 2 90' .� � — -•� — -. -.- i-- -- -.. �., _ . =Y. 6" W —��— — — EX-6�� W^— � — — �EX�6' W�— — 3 � m LL i � �� X LOT 9-R, BLOCK 5 GRANDVIEW ADDITION VOLUME 388-154, PAGE 30 P.R.T.C.T. �� PR�PQSE[] 24" STORM Ofsd DRAIN BY lPRC24-0238 EXISTING 6" WA TER Q LINE UNICNQWN� _ _ , 1-= ! - -•-- ._. --_-__:-- --= s. — — - _- �e EX-6" W — � � — — W. PU�ASKf STREET -' � — — — � . �— — � `F>"-GAS— — � .� — — �i_ -,--- -�a. —�— -- i — - — - = �%� �� ,.� - - �.- -�T-� ; �; i i 4�- _ � � EX�STlIVG �2) - fi:•• Of00 �, I C7NC�R ELFC �RICAL — — CONDUI TS � I ' �� LOT 1R, BLOCK 6 � � GRANDVIEW ADDITION C:C.D. N0. D21417105� � � . �— P.R.T.C.T. � i QUANTITIES IN RIGHT-OF-WAY: 1. 56 LF PRIVATE CONDUIT 2. 21 SF PRIVATE PULL BOX o ao so GRAPHIC SCALE IN FEET — —I - ASP�i�,�T PAVEMENT_.,_ .; - — EX-GAS— — — E - ,_ — ._.. -- _ — =--- �-.-- - � - � �=.i ..-. � � �� i � PRQP�SED j(2� —�" ' I � I I P R I V A T E C � N D U! i S __ i PROPOSED PRl VA TE F1BER PULL BOX -= � �� '��-. � ,�. EXHIBIT C-1a - FIBER ��u�►wAy CCMC SOUTH UTILITY PLANT EXPANSION 550 Balley Avenue • Sulte 400 • Fort Worth, Texas 76107 F O RT W O RT H � 1/� Tel: 817.335.1121 (1X REG. F-1114) . . =�1 PROFILE SCALE HORIZ: 1" = 40' VERT: 1" = 8' 635 CROSS SEC TION A-�1 635 1 1 630 � � � 630 625 625 � _ � ,.�� GRa�{.lN�? 620 EX Tll'VG GAS 620 EXISTIVG (2� -- fi°' ��}��SJ7NG " ONCO E[_ECTRIC�IL 615 COI�I�UI T5 I+VA�Z�'�R�J_ 615 � � � � rri��rnr PR aJSEe 2�" STOR �RAIIV BY � �� } _ 610 /p , ��T�� 2,;g � ` 610 � -- P;?�,RC;S�l� 2 _ 4„ � PRI VA T� CD VDUITS 605 —i 605 --, � � , —�— j �� R: �. W. � 600 600 —0+50 D+DO 0+50 1+00 � EXHIBIT C-1b - FIBER ~��WAy CCMC SOUTH UTILITY PLANT EXPANSION 550 Bailey Avenue . s��te �• Forf Worfh, Texas 76107 F O RT W O RT H, TX Tel: B17.335.1 121 (TX REC. F-11141 C I i4 w � ne i � i r�� i '� I'�� I'� ' Il �: �. -- � - � w � `' i� . � �. � , �_ _ _ � � � � � , . EXISTING 5 X3 RCB - --� , �-- --- i �.�I. i .._ + i_` o � � �I i - i ;f STORM DRAIN (W-21S3) = T•� � , � !r� � w �� I��—�—�—�r; I I I I I I II � �� i i;_ �' ��--�- ` -i �� - - ---- � ➢ ,� � � � � , � � � � , � _ � E i� �� .� I ��, �� ;, , �, PR�PDSED f VA CONDUI T F i�J i. ! �, I � I � ;' �BY B�RE/TiJ EL) � � ` �� ` I---- .-.---- ' � ,� � _ . -__- i:� l, � E�CISTINC� 4' SA R � � r�-- _- --- --- I I. � � SEWER MANH�LE � 4---- ' • �t l'- ir � , � I�;�i _ : �, ` �. .i i i;�, i �T� - -� I- �� Y � ��: ; �� . � � : _ (X-213,52) �= �� w �� - PRaPDSED 8E6 � � I _ . ; _ QNC�R DUCT EAIVff� � �' � .. � � ' � w�EXiST/NG 8" SANITARY > o �� = I � SEWER (X-21352) -- 1= —I I � 'j-� }�.— E�.c�9' — — — Ex-'. — � �± , I`i'_'.� — ' - E'XSUE � -�- — _ � � � r` � lil` 'i � �: i I � i�' 1 -. - - - -= I � i�; � I"� . � �"r ' 'LOT 20, BLOCK 5 LOT 21, ELOCK 5� � I' RAIV{7VfEW ADDITlO RANOVI�W A�aETI� . ��4LlJME 63, PAGE LUME 63, RAGE � , N.: ,- _ i; ` � � / P.R.T.C.T., �.R.T.C:T. QUANTITIES IN RIGHT-OF-WAY: 1. 880 SF PRIVATE CONDUIT 0 40 80 GRAPHIC SCALE IN FEET � �� I1 � f, T r L 1 I � I :_�:_ � �!_ � ' ,� � � LEGEND �i PROPOSED PRIVATE CONDUIT -- -- PROPERTYBOUNDARY ,� EXHIBIT C-2a - UTILITY CONDUIT ~��WAy CCMC SOUTH UTILITY PLANT EXPANSION 550 Balley Avenue • Sulte 400 . Fort Wa�,, Texas 76107 F O RT W O RTH, TX Te1:817.335.1121 (1X REG. F-1114) IIi � I � ' i ,� � i �`' '''¢ ��w � �{ i i � I� � ' � I lii _. , ' � � i � w —� / f�; i � , i.� F-- .� : �- .;-..:.. .' � p � '�; / _ , r �S[-�1;: i � F- � -, - ' i ' 1 . �---- � �� _ — .." i•=�r�;; . � II � � C �� i,� � � . � I rt..`� — ., -- .e- HUMBOLT.S�RE�T i � .� '.!L — �er a . — — F;(-'6" " —L"__ �_ � � _. ~ (PRfVA7E STREET� i �f;l � i �� .: ,�,,�Q� '� 4*! ' °� ASPHALT PAVEMENT ! j ! — � i � � °; � EXISTING 12" WA T£R - — - � _ �.._ I W� _ y; ;�::.� o LINE (X-21352) _ - i . T - -; �; � — - - -��: -::�_- �;� c' �:r ,� . _ � rr j � , • i f I � 0 PROFILE SCALE HORIZ: 1" = 40' VERT: 1" = 8' 625 CR OSS SE� Tl ON B- B 625 620 ~ —� --r - 620 GRCIUND ��, CA5 615 � � , ;� 615 E'XfSTIN�� ;__� � ExESTiNG z2" W,A iE:R ClJMhvl ' ; I LNVE {h' '1.352� 610 ��__� 610 X15Tl1VG 5'x3' �; � EJCIS�I�A{ 4' 5�11�1 �aRY RCB TORM f]RAlN ,SEUyEf►' �4NHQLE 605 (W 216,.�� -_��3� 605 o x� �" � EX15TlN 8" 5AN1 TAR 600 ^ n ^�; � JG YYLfT �—L % 7JL�l COO v f� �� PROP SFU 8E6 - l ii�rvvn u�iu1 iU��v� 595 - - -j- - - 595 � - i -- � ��n�r� �n 590 - �— I_� � - � 590 - � �B ;, Ci�, �rT�.;l "�;,;G�L; 585 - - 585 580 �q. O. W � 580 —0+50 0+00 D+50 1 +00 1 +50 ,�, EXHIBIT C-2b - UTILITY CONDUIT ��L.�NAWAy CCMC SOUTH UTILITY PLANT EXPANSION 550 Bailey Avenue . s��e �.�rt Wo�►,, Texas 76107 F O RT W O RT H, TX Tel: 817.335.1121 (iX REG, F-17141 � — -- -_- , i - : .i� — - - - -,,; --- ;. -=-I ,,I,=�-.--,-- ---i — ,— ^ =-rl: I :; --- 5_k, — = I — -- —� 1 I � � - f ex �� w�I �`�I � �? � ` � �,IHUMB��T;STREE�" �j 1 � . �. w;. .-'::�_ . _ � I�PRIVATE STREET) - w �. a 1 I — ��L�:: -F. — — •1: G,;S— — — .— EX-GnS—A�S�H,�LL.P�#��-ENL . . , - . •. � --� � � _ �'' - --- - �._=, - � —_ � � � '.,'• j—i - , _f� --- _ _ »- - - f � , � °. � , ��, _ - ,�' �� d � � . . . . ::� �_;...:�— -� � � �-- - `,, ; I ,..� -� � , T �� 1 I � L.� a� o � �� UTI LITY �� I I Y � ^--' PLANT : � L r-�-�='� � I � �� i � --- � � i I �, I� � � � I 5 I � �, _ � 1 � w N � li o u r�1�� , r, � : w li; ; �' ; F . �� ' / � . / ' J�� i — ; - � I- I �� I I I I � I� � � i I' �� 'J �- r t � — - --- -� `�.L1 � �' � X � T 2;: .." � ' � i ` �u wal':. I � LOT 9-R, BLOCK 5 :.. I� I�..: GRANDVIEW ADDI110N � I �� I ; i VOLUME 3P.R.T.0 T. PAGE 30 I i I��'I i I �� J�� , � ml � � I 1 PROPOSED PRI VA TE � w,� � I~I lRRIGA TION HEADS I�'`` I 1 I � (TYP.) : � { � W� � � _ I �� _ — — --- — -- — ----�---- �1 , � � — �� — ■■ ii —■■ , i �■ -�� _■� ±-- _� - --..��A_ ��:��.,;;�,�� = �-- — - � — -- —' --- • .. — �-- ._ .—•. �,-_ — .. :. SIGrd I E7:-G'4v— - — �%�-b��w— VV. PULAJb ��— — — — 4\'— — — - Ek-6' VJ— — — EX - --"eT. ' KI STREET ' � � � (50' WIDTH RIGHT-OF-WAY} I i � �- i - - ex-�ns- - - �x-�ns - _ _AS�J-iAL7 Fr�:V��l�ttl.� � —_ - -- - - _ . - - - - ` _- -- _-_ — _- - --- -, _-. '—_ = - — -�� - - - � �`,. _. �r. 1= — , r -- •— —, �. 3 v, z � � � QUANTITIES IN RIGHT-OF-WAY: 1. 16 SF IRRIGATION HEADS 0 50 100 GRAPHIC SCALE IN FEET � QUNAWA Y 550 Balley Avenue • Suite 400 • Fort Worih, Texas 76107 Tel: 817.335.1121 (TX REG. F-7114) LEGEND PROPOSED PRIVATE � IRRIGATION HEADS EXISTING CURB �- W � PROPERTY BOUNDARY EXHIBIT C-3a - IRRIGATION CCMC SQUTH UTILITY PLANT EXPANSION FORT WORTH, TX EXHIBIT B Certificate of Insurance Tier II ROW Encroachment Agreement Page 12 of 12 ��