HomeMy WebLinkAbout064215 - General - Contract - Central Calhoun, LLCDocusign Envelope ID: B4164AAB-2FE7-4AD3-AF42-E7B6CBEEDF19
10/30/2025 Date Received: Record Number: PN25-00038 -------
2:06 p.m. Time Received: -------. 64215 City Secretary No.: _____ _
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 Central Calhoun, LLC, a Florida
limited liability company ("Licensee"), acting by and through its duly authorized
representative.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 1000 Jones St, ,
Fort Worth, Texas 76102 ("Property"), being more particularly described as, Lot 1,
Block 49R, of Original Town of Fort Worth, an addition to the City of Fort Worth,
Tarrant County, Texas, as recorded in Deed Records, by Instrument Number
D222048665;and
WHEREAS, the City owns a sanitary sewer easement (the "Public Property")
adjacent to the Property, dedicated by plat, depicted on the final plat of the property (FS-
23-274), which plat is recorded in the plat records of Tarrant County as Instrument
D2251611 71 ; 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 storm drain (the "Encroachment"). Upon completion of the
Tier II Easement Encroachment Agreement Page 1 of 12
Revised 12/2022
Docusign Envelope ID: B4164AA6-2FE7-4AD3-AF42-E766CBEEDFI9
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 Deparhnent 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
Tier lI Easement Encroachment Agreement Page 2 of 12
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Docusign Envelope ID: B4164AAB-2FE7-4AD3-AF42-E786CSEEDF19
duly authorized representative. Any such removal of the Encroachment shall be in
accordance with then-existing Gity 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 ta assess a lien on the Property for the costs expended by
the City in taking such actians.
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 af One Thousand Twelve Dollars and Fifty Cents
($1012.50).
7.
The term of this Agreernent 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 diligen#ly attempt to remedy the noncompliance.
8.
It is further understood and agreed between the parties hereto that the Public
Property to be used and encraached upon is held by City as trustee for the public; that
City exercises such powers aver 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 nat, 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
Docusign Envelope ID: 64164AAB-2FE7-4AD3-AF42-E7B6CBEEQF19
9.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION
WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION,
MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE
ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT
CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF
THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND
RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL
LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL
INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY
PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE
ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF
LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES.
10.
While this Agreement is in effect, Licensee agrees to furnish City with a
Certificate of Insurance naming City as certificate holder as proof that is has secured and
paid for a policy of public iiability insurance covering all public risks related to the
proposed use and occupancy af 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 shal) so revise such amounts
immediately following notice to Licensee of such requirement. Such insurance policy
shall not be canceled or amended without a# least thirty (30) days prior written notice to
the Building Official of the City. A capy 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 restoratian of the Public Property. All insurance coverage
required herein shall include caverage of all Licensee's contractors and subcontractors.
11.
Tier II Easement Encroachment Agreement Page 4 of 12
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Docusign Envelope ID: B4164AA6-2FE7-4AD3-AF42-E7B6CBEEDF19
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
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Docusign Envelope ID: 64164AAB-2FE7-4AD3-AF42-E7B6CBEEDFI9
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
ass�gns.
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
Docusign Envelope ID: B4164AAB-2FE7-4AD3-AF42-E7B6CBEEDF19
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Tier IT Easement Encroachment Agreement Page 7 of 12
Revised 12/2022
Docusign Envelope ID: B4164AAB-2FE7-4AD3-AF42-E7B6CBEEDF19
EXECUTED to be effective on the date signed by the City's Director of
Development Services Department
City:
CITY OF FORT WORTH
J>a.tton Harrett By: Dalton Harrell (Oct 29, 202514:13:00 CDT)
D.J. Harrell
Director, Development Services Department
Date: 10/29/2025
ATTEST:
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 Easement Encroachment Agreement Page 8 of 12
Revised 12/2022
Docusign Envelope ID: B4164AA6-2FE7-4AD3-AF42-E7B6CBEEDF19
Licensee:
Central Calhoun, LLC
a Florida limited liability company
i I
By; � ti..��
Na . icardo Blas
Title: Manager
Date: t ,
STATE OF l d�- §
COUNTY OF I C'�' §
�-- BEFORE ME, the undersigned authority, a Notary Public in and for the State of
�� ti,r, �< , on this day personally appeared Ricardo Blas, Manager known
to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he or she executed the same for the purposes and consideration
therein expressed, as the act and deed of Central Calhoun, LLC, a Florida limited liability
company (Entity Type), and in the capacity therein stated.
GIVEN IJNDER MY HAND AND SEAL OF OFFICE this 2 day of
��� v �-�t. _, 2o2s.
' 'Q��,�,rrp�ts r�NN11A N��!$Z
Comm.: � HH 302842
Nota Public in and for the � + F�ires: Nuvember 26, 2p26
State of � �� °°' "d� Notary PubRc • St�te of Flortda
�
Tier II Easement Encroachment Agreement Page 9 of 12
Revised 12/2022
Docusign Envelope ID: 64164AA6-2FE7-4AD3-AF42-E7B6CBEEDF19
X'�*TH1S PAGE FOR CITY OF FORT WORTH OFFICE USE ONLYX**
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 iJNDER MY HAND AND SEAL OF OFFICE this 29th day of
October
, 2025.
li✓����� r�ee
Notary Public in and for the State of Texas
� V�lendy �eard�Ms�e
�My Commis�lofi �xpir��
* 712812028
Natafiy ID133237193
Tier II Easement Encroachment Agreement
Page 10 of 12
Revised 12/2022
Docusign Envelope ID: B4164AAB-2FE7-4AD3-AF42-E7B6CBEEDF19
EXHIBIT A
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement Page 11 of 12
Revised 12/2022
Docusign Envelope ID: 64164AA6-2FE7-4AD3-AF42-E766CBEEDFI9
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LEGAL DESCRIPTION
ENCROACHMENT
BEING a 0.0011 acre (50 square foot) tract af land situated in the Mitcheil Baugh Survey, Abstract No. 106, City of
Fort Worth, Tarrant County, Texas; said tract being a portion of Lot 1, Block 49R, Original Town of Fort Worth, an
addition to the Ciry of Fort Worth according to the plat recorded in Instrument Number D225161171, Official Public
Records, Tarrant County, Texas (O.P.R.T.C.T.}, and a portion of Jones Street (a 60' right-of-way); said tract being
more particularly described as follows:
BEGINNING at a point for corner in the southwest line of a 5 foot sanitary sewer easement recorded in said
Instrument Number D225161171, O.P.R.T.C.T.; fram which a mag nail found being the west corner of said Lot 1
bears North 71 °05'38" West, a distance of 299.28 feet; said mag nail also being at the intersection of the northeast
right-of-way line of Calhoun Street (a 60' right-of-way} and the southeast right-of-way line of East 9th Street (a 60'
right-of-way);
THENCE North 59°26'33" East, departing said sauthwest iine of the 5 foot sanitary sewer easement, a distance of
10.00 feet to a point for corner;
THENCE South 30°25'08" East, a distance of S.OQ feet to a point for corner; from which a 1/2" iron rod found with a
cap stamped "WIER & ASSOC", being the east corner of said Lot 1 and the north corner of Lot 7, Block E-6, Daggett
Addition, an addition to the City of Fort Worth (na recording information found) bears South 28°10'S2" East, a
distance of 128.07 feet;
THENCE South 59°26'33" West, a distance of 10.00 feet to a point for corner in said southwest line of the 5 foot
sanitary sewer easement;
THENCE North 30°25'OS" West, along said sauthwest line of #he 5 foot sanitary sewer easement, a distance of 5.00
feet to the POINT OF BEGINNING and containing 50 square feet or 0.0011 acres of land, more or less.
NOTES
Bearing system based on the Texas Coordinate System of 1983 {2011 adjustment), Texas North Central (4202).
A survey plat of even survey date herewith accompanies this metes and bounds description.
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately
sets out the metes and bounds of the encroachment tract.
osiosno2s
STANLEY CRAWFORD RUSSELL
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 708�
801 CHERRY STREET,
UNIT 11 SUITE 1300
FORT WORTH, TEXAS 76102
PH. 817-335-6511
StanC.Russell@Kimley-Horn.com
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K:1FTW SURVEY1064562411-AHS CALHOUtJ
ENCROACHMENT
MITCHELL BAUGH SURVEY,
ABSTRACT No. 106
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
STREET FORT
Docusign Envelope I�: 64164AA8-2FE7-4AD3-AF42-E766CBEEQFI9
I LEGEND
P.O.B. = POINT OF BEGINNING
IRFC = IRON ROD W/CAP FOUND
XF = "X" CUT FOUND
L�T 1-R-1, BL4CK 121
ORIGINAL TOWN OF FORT WORTH
(CAB. A, SL. 5786)
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ENCROACHMENT
0.0011 ACRES L2 M1l:fi95648fi.89 \
5� �Q. FT. � % E2329276.99
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NOTES
LINE TABLE
NO. BEARING LENGTH
L1 N59°26'33"E 10.00'
L2 S30°25'08"E 5.00'
L3 S59'26'33"W 10.00'
L4 N30°25'08"W S.OD'
1/2"IRFC
"W1ER & ASSOC"
. — — — — — — S28'90'S2"E 128.07_ _ �
�L3 --- ----- --�
--- � .
5' SANITARY \
SEUVER EASEMENT �
{INST. No. D225161171) ,
�
AMON G. CARTER f.�
FOUNDATION � Z �
(VOL. 8793, PG. 1057) �� O g
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LOT 1, BLOCK 49R
ORIGINAL TOWN
OF FORT WORTH
(INST. No. D225161171)
CENTRAL CALf-3QUN, LLC
(INST. NO. D222048665)
Bearing system based on the Texas Coordinate System of 1983 {2011 adjustment), Texas North Central (4202).
A metes and bounds description of even survey date herewith accompanies this survey plat.
The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey plat accurately sets out
the metes and bounds of the encroachment tract.
os�asi2o2s
STANLEY CRAWFORD RUSSELL
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 7080
801 CHERRY STREET,
UNIT 11 SUITE 1300
FORT WORTH, TEXAS 76102
PH. 817-335-6511
StanC. Russell@Kimley-Horn.com
:ENT, MASON 9l9/2025 11:12 AM K:\FTW SURVEY106456:
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ENCROACHMENT
MITCHELL BAUGH SURVEY,
ABSTRACT No. 106
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
Docusign Envelope ID: B4164AA6-2FE7-4AD3-AF42-E766CBEEDFI9
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EXHIBIT B
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 12 of 12
Revised 12/2022
Docusign Envelope ID: B4164AAB-2FE7�AD3-AF42-E7B6CBEEDFI9
Ac'o � CERTIFICATE OF LCABILITY INSURANCE
DATE (MMlDDIYYYY)
9/26/2025
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATNELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy{iss) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the poEicy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certifcate holder in lieu of such endorsement{s).
PRODUCER
Acentria lnsurance
8700 West Flagler Street, Suite 402
Miami FL 33174
NAME„y� Melissa V. Cruz
PHONE
fn�r u� �.�ti• 305-445-6441
305-445-6469
INSURED
Central Calhoun LLC
12895 SW 132nd St
Miami FL 33186
sa. Cruz� acentria.com
INSURER(3] AFFORDING C
' 104460 INSURERA: MOU�Ii V@I'flOfl l
CALHCEN-Ot iA15UF2ER B :
lNSURER C :
INSURER D :
INSURER E :
COVERAGES CERTIFICATE NUMBER:443689077 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR :ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR TYPE OF INSURANCE POLtCY NUMBER MMfDD1YYW MM/DD
A� X COMMERCIALGENERALLIABILITY GL2018530C 2/22/2025 2/22/2026 EACHOCCURRENCE $1,000,000
CLAIMS-MADE � OCCUR PREMISESaEaEoccurtence $ 100,000
� MED EXP {My one person) $ 5,000
PERSONAL & ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,OOO,DDO
X POLICY � jE��7 � LOC PRODUCTS-COMP/OPAGG $EXcludEd
$
OTHER:
AUTOMDBILE LIABILITY COMBINED SINGLE LIMIT $
!Ee accident]
ANY AUTO BODILY INJURY (Per person) $
� OWNED SCHEDULED BODILY INJURY (Per acciden[) $
Y AUTOS ONLY � AUTOS
HIRED NONAWNED PROPERTY DAMAGE $
AUTOS ONLY . AUTOS ONLY Per accidentl
I $
UMBRELLA LIAB OCCUR � EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE I AGGREGATE $
� DED RETENTION $ � $
WORKERS COMPENSATION
STATUTE � ER
AND EMPLOYERS' LIABILIT/
ANYPROPRIETORlPARTNER/EXECUTIVE Y� N� A E.L. EACH ACCIDENT $
OFFICER/MEMBER ExCLUDED7
(Mandatory (n NH) E.L. DISEASE - EA EMPLOYE $
H yes, describe undar
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $
DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (ACORD 161, Additiona! Remarkx Schedule, may be attached H more spaee is required)
Parcel 00002879, 00686042, 00686069, Fart Worth, TX 76102
Re: PN25-00038 PN25-00041 - The insurance policy noted above is only to insured Vacant Land. This policy does not cover any construction operations for
the parcels noted above.
CERTIFICATE HOLDER CANCELLATION
c�ty of Fort wo�tn
100 Fort Worth Trail
Fort wortn Tx
United States
ACORD 25 (2016/03)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATNE
C� � �.�
O 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD rtame and loga are registered marks of AC�RD
Docusign Envelope ID: 64164AA6-2FE7-4AD3-AF42-E7B6CBEEDF19
Date Received:
Record Number: PN25-00041
Time Received: City Secretary No.:
PUBLIC PROPERTY RIGHT-OF-WAY ENCROACHMENT LICENSE
AGREEMENT
TIER 1
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 Central Calhoun, LLC, a Florida
limited liability company ("Licensee"), acting by and through its duly authorized
representative.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 1000 Jones
Street, Fort Worth, Texas 76102 ("Property"), being more particularly described as, Lot
1, Block 49R, of Original Town of Fort Worth, an addition to the City of Fort Worth,
Tarrant County, Texas, as recorded in Deed Records, by Instrument Number D222048665;
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 (FS-23-274), which
plat is reco'rded in the plat records of Tarrant County as Instrument D225161171; 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 benches, planters, tree grates, and trees (the "Encroachments"). Upon
Tier I ROW Encroachment Agreement
Page 1 of 11
Updated 2024
Docusign Envelope ID: 84164AAB-2FE7-4AD3-AF42-E7B6CBEEDF79
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
specifcally 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 Directar 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 accordance
with then-existing City regulations and policies. It is understood and agreed to by Licensee
Tier I ROW Encroachment Agreement
Page 2 of 11
Updated 2024
Docusign Envelope ID: B4164AAB-2FE7-4AD3-AF42-E766CBEEDFI9
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.
S.
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 far 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 OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, AND ELECTED �FFICIALS FROM AND
AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR
LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
Tier I ROW Encroachment Agreement
Page 3 of 11
Updated 2024
Docusign Envelope ID: B4164AAB-2FE7-4AD3-AF42-E766CBEEQFI9
PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, ARISING OUT QF 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, CONTRACT4RS, 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 depasit 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.
Tier I ROW Encroachment Agreement
Page 4 of 11
Updated 2024
Docusign Envelope ID: 64164AAB-2FE7-4AD3-AF42-E7B6CBEEDF19
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, subcontractars, 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.
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
Tier I ROW Encroachment Agreement
Page 5 of 11
Updated 2024
Docusign Envelope ID: 64164AA6-2FE7-4AD3-AF42-E76fiCBEEQFI9
Licensee conveys the Property, Licensee may assign all of its rights and obligations under
this Agreement to the new awner 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 nat be unreasonably conditioned or withheld.
Foreclosure by a secured lender af 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
notiiies City in writing within sexty {b0) days of such foreclosure or assignment and
assumes all of Licensee's rights and obligations hereunder. However, no change of
ownership due to foreclosure ar 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 ta 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 far 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 I ROW Encroachment Agreement
Page 6 of 11
Updated 2024
Docusign Envelope ID: 64164AA6-2FE7-4AD3-AF42-E7B6CBEEDF19
EXECUTED to be effective on the date signed by the City's Director of Development
Services Department
City:
CITY OF FORT WORTH
I�
D. J. Harrell
Director, Development Services Department
Date:
ATTEST:
Approved As To Form and Legality
Jannette Goodall, Hye Won Kim
City Secretary Assistant City Attorney
Tier I ROW Encroachment Agreement
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
reyuirements.
Kandice Merrick
Development Services Manager
Page 7 of 11
Updated 2024
Docusign Envelope ID: 64164AAB-2FE7-4AD3-AF42-E7B6CBEEDF19
Licensee:
Central Calhoun, LLC
a Florida limited liability company
By: � - t�J� 1�
,
me: Ricardo �las
Title: Manager
Date: b � '2- �-S
�
STATE OF " � � �-
COUNTY OF �
0
0
BEFORE ME, the undersigned authority, a Notary Public in and far the State of
�, on this day personally appeared Ricardo Blas, 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 Central Calhoun, LLC, a Florida limited liability
company (Entity Type), and in the capaciry therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
, 2025.
': ; . �
l�i�tary Public in and for the
State of �,
Tier I ROW Encroachment Agreement
o,�•Y•�,� Prisc�a Nioolas-Dorninguez
4�; Comm:. # HH 302842
����e�. Expires: Nove�nber 26, 2026
Notary Pdblic - State of Flor(da
� day of
Page 8 of 11
Updated 2024
Docusign Envelope ID: B4164AAB-2FE7-4AD3-AF42-E7B6CBEEDFI9
xx*THIS PAGE FOR CITY OF FORT WORTH OFFICE USE ONLYxxx
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.
GNEN LINDER MY HAND AND SEAL OF OFFICE this day of
2025.
Notary Public in and for the State of Texas
Tier I ROW Encroachment Agreement
Page 9 of 11
Updated 2024
Docusign Envelope ID: B4164AAB-2FE7-4AD3-AF42-E766CBEEDF19
EXHIBIT A
Depiction and description of the Encroachment
Tier I ROW Encroachment Agreement
Page 10 of 11
Updated 2024
Docusign Envelope ID: 84164AAB-2FE7-4AD3-AF42-E7B6CBEEDFI9
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LEGAL DESCRIPTION
ENCROACHMENT
BEING a 0.0535 acre (2,332 square foot) tract of land (Tract 1), a 0.0411 acre (1,790 square foot) tract of land (Tract
2), a 0.0041 acre (180 square foot) tract of land (Tract 3), a 0.0086 acre (373 square foot) tract of land (Tract 4), a
0.0298 acre (1,296 square foot) tract of land (Tract 5), and a 0_0673 acre (2,932 square foot) tract of land (Tract 6)
situated in the Mitchell Baugh Survey, Abstract Na. 1Q6 and the R.J. Johnson Survey, Abstract No. 846, City of Fort
Worth, Tarrant County, Texas; said tracts being portions of Calhoun Street (a 60' right-of-way), East 9th Street (a 60'
right-of-way), and Jones Street (a 60' foot right-af-way); said tracts being more particularly described as follows:
TRACT 1
BEGINNING at a point for corner in the southeast right-of-way line of said East 9th Street and the northwest line of
Block 49, Original Town of Fort Worth, an addition to the City of Fort Worth (no recording information found); from
which a mag nail found being the west corner of said Block 49 bears South 59°34'S2" West, a distance of 179.60 feet;
said mag nail also being at the intersection of the said southeast right-of-way line of East 9th Street and the northeast
right-of-way line of said Calhoun Street;
THENCE North 30°32'47" West, departing said sautheast right-of-way line of East 9th Street and said northwest line
of Block 49, a distance of 16.63 feet to a point for corner;
THENCE North 60°44'43" East, a distance of 15.41 feet to a point at the beginning of a non-tangent curve to the right
with a radius of 22.96 feet, a central angle af 91 °19'38", and a chord bearing and distance of South 71 °54'34" East,
32.84 feet;
THENCE in an easterly direction, with said non-tangen# curve to the right, an arc distance of 36.59 feet to a point for
corner;
THENCE South 30°25'08" East, a distance of 24.56 feet ta a point for corner;
THENCE South 15°04'35" West, a distance of 10.31 feet to a point for corner;
THENCE South 30°31'19" East, a distance of 125.48 feet ta a point for corner;
THENCE South 59°34'S2" West, a distance of 9_60 feet to a point for corner in the southwest right-of-way line of said
Jones Street and the northeast line of said Block 49;
ENCROACHMENT
MITCHELL BAUGH SURVEY,
ABSTRACT No. 106 AND R.J. JOHNSON
SURVEY, ABSTRACT NO. 846
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
11-AHS
WORTH_LANDSCAPE ENCROACHMENT.�WG
Docusign Envelope ID: B4164AAB-2FE7-4AD3-AF42-E766CBEEDF19
LEGAL DESCRIPTION
ENCROACHMENT
THENCE North 30°25'08" West, along said sauthwest righ#-of-way Eine of Jones Street and said northeast line of
Block 49, a distance of 165.56 feet to an "X" cut found; said "X" cut being the north corner of said Block 49 and also
being the intersection of said southwest right-of-way line of Jones Street and said southeast right-of-way line of East
9th Street;
THENCE South 59°34'52" West, along said southeast right-of-way line of East 9th Street and northwest line of Block
49, a distance of 20.40 feet to the POINT OF BEGINNING and containing 2,332 square feet or 0.0535 acres of land,
more or less.
3:03 PM
ENCROACHMENT
MITCHELL BAUGH SURVEY,
ABSTRACT No. 106 AND R.J. JOHNSON
SURVEY, ABSTRACT NO. $46
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
STREET
WORTH_LANDSCAPE_ENCROACHMENT.OWG
Docusign Envelope ID: B4164AAB-2FE7-4AD3-AF42-E7B6CBEEDFI9
LEGAL DESCRIPTION
ENCROACHMENT
TRACT 2
BEGINNING at a point for corner in said southwest right-ofi way line of Jones Street and the northeast line of Block
49; from which a mag nail found being the west carner of said Block 49 and also being the intersection of said
northeast right-of-way line of Calhoun Street and the southeast right-of-way line of East 9th Street, bears North
80°19'42" West, a distance of 261.40 feet;
THENCE North 59°31'07" East, departing said sauthwest line of Jones Street and the northeast line of Block 49, a
distance of 9.61 feet to a point for corner;
THENCE South 30°25'OS" East, a distance of 159.01 feet to a point for corner;
THENCE South 24°00'47" East, a distance of 2d.06 feet to a point for corner;
THENCE South 28°53'47" East, a distance of 12.85 feet to a point for corner;
THENCE South 60°42'18" West, a distance of 7.03 feet to a 1I2" iron rod found with a cap stamped "WIER &
ASSOC" in said southwest right-of-way line af Jones Street and being the east corner of Lot 6, Block E-6, Daggett
Addition, an addition to the City of Fort Worth (no recarding information found); said iron rod also being the north
corner of Lot 7, Block E-6, of said Dagget Addition;
THENCE North 30°25'08" West, along said southwest right-of-way line of Jones Street, a distance of 191.64 feet to
the POINT OF BEGINNING and containing 1,790 square feet or 0.0411 acres of land, more or less.
ENCROACHMENT
MITCHELL BAUGH SURVEY,
ABSTRACT No. 106 AND R.J. JOHNSON
SURVEY, ABSTRACT NO. 846
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
FORT WORTHIDWG1064562411-AHS CALHOUN STREET FORT
WORTH_LANDSCAPE ENCROACHMENT.DWG
Docusign Envelope ID: 64164AAB-2FE7-4AD3-AF42-E766CBEEDFI9
LEGAL DESCRIPTION
ENCROACHMENT
TRACT 3
BEGINNING at a point for corner in said northeast right-af-way line of Calhoun Street and the southwest line of Lot
36, Block E-6, of said Daggett Addition; from which a mag nail found being the north corner of said Lot 3B and the
east corner of Lot 3A, Block E-6, of said Dagget Addition, bears North 55°46'01" East, a distance of 100.22 feet;
THENCE South 59°34'52" West, departing said nartheast right-of-way line of Calhoun Street and the southwest line
of Lot 36, a distance of 10.21 feet to a point for carner;
THENCE North 30°59'35" West, a distance of 11.76 feet to a point for corner being the beginning of a non-tangent
curve to the right with a radius of 5.79 feet, a centraE angle of 82°03'36", and a chord bearing and distance of North
03°55'02" East, 7.60 feet;
THENCE in a northerly direction, with said non-tangent curve ta the right, an arc distance of 8.29 feet to a point for
corner;
THENCE North 59°34'S2" East, a distance of 6.04 feef to a point for corner in said northeast right-of-way line of
Calhoun Street and the southwest line of said Lot 3A; from which a mag nail found being the north corner of said Lot
3A and the east corner of Lot 2, Block E-6, of said Qaggett Addition, bears North 51 °48'36" East, a distance of 100.92
feet;
THENCE South 30°25'08" East, along said northeast right-of-way line of Calhoun Street, a distance of 18.03 feet to
the POINT OF BEGINNING and containing 180 square feet or 0.0041 acres of land, more or less.
ENCROACHMENT
MITCHELL BAUGH SURVEY,
ABSTRACT No. 106 AND R.J. JOHNSON
SURVEY, ABSTRACT NO. 846
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
WORTH_LANDSCAPE_ENCROACHMENT.DWG
Docusign Envelope ID: B4164AA8-2FE7-4AD3-AF42-E766CBEEDF79
LEGAL DESCRIPTION
ENCROACHMENT
TRACT 4
BEGINNING at a point for corner in said northeast right-of-way line of Calhoun Street and said southwest line of Lot
3A; from which a mag nail found being the said east corner of Lot 3A and the north corner of Lot 3B, bears North
72°44'31" East, a distance of 102.70 feet;
THENCE South 59°34'S2" West, departing said northeast right-of-way line of Calhoun Street and southwest line of
Lot 3A, a distance of 6.01 feet to a point at the beginning of a non-tangent curve to the right with a radius of 5.09 feet,
a central angle of 85°24'49", and a chord bearing and distance of Worth 71 °42'21" West, 6.90 feet;
THENCE in a westerly direction, with said non-tangent curve to the right, an arc distance of 7.58 feet to a point for
corner;
THENCE North 30°37'08" West, a distance of 22.56 feet to a point at the beginning of a non-tangent curve to the
right with a radius of 9.76 feet, a central angle of 95�30'36", and a chord bearing and distance of North 17�00'39"
East, 14.45 feet;
THENCE in a northerly direction, with said non-tangent curve to the right, an arc distance of 16.27 feet to a point for
corner in said northeast right-of-way line of Calhoun Street and the southwest line of said L�t 2; from which a mag
nail found being the said east corner of Lot 2 and the north corner of Lot 3A, bears North 79°19'38" East, a distance
of 106.24 feet;
THENCE South 30°25'08" East, along said northeast right-af-way line of Calhoun Street, a distance of 37.52 feet to
the POINT OF BEGINNING and containing 373 square feet or 0.0086 acres of land, more or less.
ENCROACHMENT
MITCHELL BAUGH SURVEY,
ABSTRACT No. 106 AND R.J. JOHNSON
SURVEY, ABSTRACT NO. 846
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
FORT
WORTH_LANDSCAPE_ENCROACHMENT.DWG
Docusign Envelope ID: B4164AAB-2FE7-4AD3-AF42-E7B6CBEEDFI9
LEGAL DESCRIPTION
ENCROACHMENT
TRACT 5
BEGINNING at a point for corner in the said nartheast right-of-way line of Calhoun Street and the southwest line of
Lot 1, Block E-6, of said Daggett Addition, at the beginning of a non-tangent curve to the right with a radius of 10.39
feet, a central angle of 88°56'S1", and a chord bearing and distance of North 78°15'42" West, 14.55 feet; from which
a 1/2" iron rod found with a cap stamped "V1lIER & ASSQC" being the said east corner of Lot 6 and north corner of Lot
7, bears North 76°21'32" East, a distance of 2Q8.89 feet;
THENCE in a westerly direction, departing said nartheast right-of-way line of Calhoun Street and southwest line of
Lot 1, with said non-tangent curve to the right, an arc distance of 16.12 feet to a point for corner;
THENCE North 30°41'S7" West, a distance of 109.78 feet to a point for corner;
THENCE North 59°31'20" East, a distance of 11.32 feet ta a point for corner in the southwest line of said Block 49
and the northeast right-of-way line of Calhoun Street; from which an "X" cut found being the said north corner of Block
49 and the intersection of the southeast right-of-way line of East 9th Street and the southwest right-of-way line of
Jones Street, bears North 17°34'30" East, a distance af 269.15 fee#;
THENCE South 30°25'08" East, along said nartheast right-of-way line of Calhoun Street, a distance of 119.56 feet to
the POINT OF BEGINNING and containing 1,296 square feet or 0_0298 acres of land, more or less.
ENCROACHMENT
MITCHELL BAUGH SURVEY,
ABSTRACT No. 106 AND R.J. JOHNSON
SURVEY, ABSTRACT NO. 846
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
WORTH_LANDSCAPE_ENCROACHMENT.DWG
Docusign Envelope ID: B4164AAB-2FE7-4AD3-AF42-E7B6CBEEDF79
LEGAL DESCRIPTION
ENCROACHMENT
TRACT 6
BEGINNING at a point for corner in the said northeast right-of-way line o# Calhoun Street and the southwest line of Block 49;
THENCE South 59°34'52" West, departing said southwest right-of-way line of Calhoun Street and southwest line of Block 49, a
distance of 11.61 feet to a point for corner;
THENCE North 30°28'20" West, a distance of 157.20 feet ta a point for corner;
THENCE North 75°50'36" West, a distance of 10.27 feet ta a point far corner;
THENCE North 29°15'31" West, a distance of 5.59 feet ta a paint at the beginning of a non-tangent curve to the right with a radius
of 24.46 feet, a central angle of 85°14'08", and a chord bearing and distance of North 13°58'52" East, 33.12 feet;
THENCE in a northerly direction, with said non-tangent curve to the righi, an arc distance of 36.38 feet to a point f�r corner;
THENCE North 59'34'52" East, a distance of 29.38 feet to a point for corner;
THENCE South 30°25'08" East, a distance of 16.55 feet to a point #or corner in the said southeast right-of-way line of East 9th
Street and the northwest line of Block 49; from which an "X" cut found being the said north corner of Block 49 and the said
intersection of the southeast right-of-way line of East 9th Street and the southwest right-of-way line of Jones Street bears North
59°34'S2" East, a distance of 166.40 feet;
THENCE South 59°34'52" West, along said southeast right-of-way line of East 9th Street and northwest line of Bl�ck 49, a
distance of 33.60 feet to a mag nail found being the said west comer of Block 49 and said intersection of the southeast
right-of-way line of East 9th Street and the northeast right-af-way line of Calhoun Street;
THENCE South 3o°25'08" East, along said northeast right-of-way line of Calhoun Street and the southwest line of Block 49, a
distance of 177.11 feet to the POINT OF BEGINNING and containing 2,932 square feet or 0.0673 acres of land, more or less.
NOTES
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), Texas North Central (4202).
A survey plat of even survey date herewith accompanies this metes and bounds descripti�n.
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the
metes and bounds of the encroachment tracts.
03/25/2025
STANLEY CRAWFORD RUSSELL
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 7080
801 CHERRY STREET,
UNIT 11 SUITE 1300
FORT WORTH, TEXAS 76102
PH. 817-335-6511
StanC.Russell@Kimley-Horn.com
3/25/2025 3:03 PM
,P,.��� �� '�;
LEY CRAWF4RD
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ENCROACHMENT
MITCHELL BAUGH SURVEY,
ABSTRACT No. 106 AND R.J. JOHNSON
SURVEY, ABSTRACT NO. 846
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
11-AHS CALHOUN STREE7
-AHS CALHOUN STREET
WORTH_LANDSCAPE_ENCROACHMENT.DWG
Docusign Envelope ID: B4164AAB-2FE7-4AD3-AF42-E7B6CBEEDFI9
� LEGEND
� = CENTRAL ANGLE
P.O.B. = POINT OF BEGINNING
IRFC = IRON R�D W/CAP FOUND
MNF = MAG NAIL FOUND
XF = "X" CUT FOUND
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TRACT 1
LOT 1-R-1, BLOCK 121
ORIGINAL TOWN OF FORT WORTH
(CAB. A, SL. 5786)
JONES STREET
(A 60-FOOT RIGHT-OF-WAY)
S30°31'19"E 125.48'
N30°25'08"W 165.56'
TRACT 1
ENCROACHMENT
0.0535 ACRES
2,332 SQ. FT.
—s5s°sa'e2'�w BLOCK 49
��s.so� pRIGINAL TOWN
OF FQRT WORTH
(UNRECORDED PLAT)
MNF
CENTRAL CALHOUN, LLC
(INST. NO. D222Q48665)
NOTES
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1,790 SQ. FT.
MNF
Bearing system based on the Texas Coordinate System of 1983 {2011 adjustment), Texas North Central (4202).
A metes and bounds description of even survey date herewith accompanies this survey plat.
The undersigned, Registered Professional Land Surveyor, hereby �ertifies that this survey plat accurately sets out
the metes and bounds of the encroachment tracts.
03/25/2025
STANLEY CRAWFORD RUSSELL
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 7080
801 CHERRY STREET,
UNIT 11 SUITE 1300
FORT WORTH, TEXAS 76102
PH. 817-335-6511
StanC. Russell@Kimley-Horn.com
KENT. MASON 3/25/2025 3:03 PM 1UfIMLEY-HORNICN_FT�
1
11-AHS
ENCROACHMENT
MITCHELL BAUGH SURVEY,
ABSTRACT No. 106 AND R.J. JOHNSON
SURVEY, ABSTRACT NO. 846
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
WORTH LANDSCAPE_ENCROACHMENT.�WG
Docusign Envelope ID: 64164AAB-2FE7-4AD3-AF42-E7B6CBEEDF19
/
/ LOT 1-R-1, BLOCK 121
ORIGINAL TOWN OF FORT WORTH
/ (CAB. A, SL. 5786)
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ENCROACHMENT BLOCK E-6
0.0411 ACRES DAGGETT ADDITION
1,790 SQ. FT. (UNRECORDED PLAT)
LEGEND
� = CENTRAL ANGLE
P.O.B. = POINT OF BEGINNING
IRFC = IRON ROD W/CAP FOUND
MNF = MAG NAIL FOUND
XF = "X" CUT F�UND
PM
ENCROACHMENT
MITCHELL BAUGH SURVEY,
ABSTRACT No. 106 AND R.J. JOHNSON
SURVEY, ABSTRACT NO. 846
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
STREET FORT
JONES STREET
(A 60-FOOT RIGHT-OF-WAY)
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Docusign Envelope ID: B4164AAB-2FE7-4AD3-AF42-E7B6CBEEDFI9
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TRACT 4
ENCROACHMENT
0.0086 ACRES
373 SQ. FT.
� LEGEND
� = CENTRAL ANGLE
P.O.B. = POINT OF BEGINNING
IRFC = IRON ROD W/CAP FOUND
MNF = MAG NAIL FOUND
XF = "X" CUT FOUND
ENCROACHMENT
MITCHELL BAUGH SURVEY,
ABSTRACT No. 106 AND R.J. JOHNSON
SURVEY, ABSTRACT NO. 846
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
TRACT 3
ENCROACHMENT
0.0041 ACRES
180 SQ. FT.
0 20 40
I
GRAPHIC SCALE IN FEET
GALHOUN STREET
{A 60-fOOT RIGHT-�F-WAY)
LOT 6-R
TARRANT COUNTY
CONVENTiON CENTER
(VOL. 388-i 55, PG. 47)
WORTH_LANDSCAPE_ENCROACHMENT.DWG
Docusign Envelope ID: 64164AAB-2FE7-4AD3-AF42-E7B6CBEEDFI9
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TRACT 6 �
S30°25'08"E 177.11' �
BLOCK 49
ORIGINAL TOWN
OF FORT WORTH
(UNRECORDED PLAT)
I I
I LOT 1 I
1/2" IRFC
"WIER 8 ASSOC"
N76°21'32"E
208.89' �
P.0.6.
TRACT 5
� LEGEND
CENTRAL CALHOUN, LLC
(INST. NO. D222048665)
L20
S30°25'08"E 119.56'
�ll�l ' I 1 1111' 11 1'ti 1�' � '�1 ll'.�GR
�22 L21 N30°41'57"W 109.78'
TRACT 6 TRACT 5
ENCROACHMENT ENCROACHMENT
0.0673 ACRES CALHOUN STREET o.0298 ACRES
2,932 SQ. FT. (A60-FOOTRIGHT-OF-WAY) 1,296 SQ. FT.
LOT A, BLOCK 117
ORIGINAL TOWN OF FORT WORTH
(VOL. 388-93, PG. 597)
� = CENTRAL ANGLE
P.O.B. = POINT OF BEGINNING
IRFC = IRON ROD W/CAP FOUND
MNF = MAG NAIL FOUND
XF = "X" CUT FOUND
PM
LOT 6-R
TARRANT COUNTY
CONVENTION CENTER
(VOL. 388-155, PG. 47)
�
ENCROACHMENT
MITCHELL BAUGH SURVEY,
ABSTRACT No. 106 AND R.J. JOHNSON
SURVEY, ABSTRACT NO. 846
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
sTReer
WORTH LANDSCAPE_ENCROACHMENT.DWG
Docusign Envelope ID: 64164AA6-2FE7-4AD3-AF42-E7B6CBEEDF19
CURVE TABLE
NO. RADIUS DELTA CHORD BEARING CHORD LENGTH
C1 5.79' 82°03'36" NO3°55'02"E 7.60' 8.23'
C2 5.09' 85°24'49" N71°42'21"W 6.90' 7.56'
C3 9.76' 95°30'36" N17°00'39"E 14.45' 16.27'
C4 10.39' 88'S6'S1" N78°15'42"W 14.55' 16.17
C5 24.46' 85°14'08" N13'S8'S2"E 33.12' 36.38'
LINE TABLE LINE TABLE
NO. BEARING LENGTH N0. BEARING LENGTH
L1 N30'32'4T'W 16.63' L'15 N59°34'52"E 6.04'
L2 N60'44'43"E 15.41' L16 S30'25'OS"E 18.03'
L3 S30'25'OB"E 24.56' L17 S59°34'52'1N 6.01'
L4 S15°04'35"W 10.31' L18 N30°3T08"W 22.56'
LS S59'34'S2"W 9.6D' Lt9 S30'25'OB"E 37.52'
L6 S59"34'S2"W 20.40' L20 N59°31'20"E 11.32'
L7 N59°31'OT'E 9.61' L21 S59°34'S2'W 11.61'
LB S30°25'OB"E 159.01' L22 N30°28'20"W 157.20'
L9 S24°00'4T'E 20.Ofi' L23 N75°50'36"W 10.27'
L10 S28°53'4T'E 12.85' L24 N29°15'31"W 5.59'
L11 S6D°42'18"W 7.03' L25 N59°34'52"E 29.38'
L12 N30°25'08"W 191.64' L26 S30'25'OS"E 16.55'
L13 S59°34'S2"W 10.21' L27 S59'34'S2'W 33.60'
L14 N30°59'35"4/V 11J6'
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CALHOUN STREET
(A 60-FOOT RIGHT-dF-WAY}
LOT 1 R, BLOCK 116
ORIGINAL TOWN OF
FORT WORTH
(CAB. B, SL. 3421}
I
� LEGEND
� = CENTRAL ANGLE
P.O.B. = POINT OF BEGINNING
IRFC = IRON ROD WlCAP FOUND
MNF = MAG NAIL FOUND
XF = "X" CUT FOUND
i
TRACT 6
ENCROACHMENT
0.0673 ACRES
2,932 SQ. FT.
-�
�
0 20 40
GRAPHIC SCALE IN FEET
� XF
BLOCK 49
' ORIGINAL TOWN
OF FORT WORTH
UNRECORDED PLAT)
CENTRAL CALHOUN, LLC �
(INST. NO. D222048665) �
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LO' T A, BLOCK 117
� ORIGINAL TOWN OF
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4VOL. 388-93, PG. 597)
(
ENCROACHMENT
MITCHELL BAUGH SURVEY,
ABSTRACT No. 106 AND R.J. JOHNSON
SURVEY, ABSTRACT NO. 846
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
WORTH_LANDSCAPE ENCROACHMENT.DWG
Docusign Envelope ID: 64164AA8-2FE7-4AD3-AF42-E7B6CBEEDFI9
EXHIBIT B
Certificate of Insurance
Tier 1 ROW Encroachment Agreement
Page 11 of 11
Updated 2024