HomeMy WebLinkAbout064211 - General - Contract - Cook Children's Medical CenterTier II ROW Encroachment Agreement Page 1 of 11
Date Received: _____________________Record Number: PN25-00148
Time Received: _____________________ City Secretary No.: ___________________
PUBLIC PROPERTY RIGHT-OF-WAY 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 Cook Children’s Health Care
System, a Texas non-profit corporation ("Licensee”), acting by and through its duly
authorized representative.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 815 8th Avenue,
Fort Worth, Texas 76104 (“Property”), being more particularly described as, Lot 30-R,
Block 9, of Grandview Addition, an addition to the City of Fort Worth, Tarrant County,
Texas, as recorded in Deed Records, by Instrument Number D216299520; 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-86-166),
which plat is recorded in the plat records of Tarrant County as Instrument D186041691;
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 private pedestrian lights, irrigation heads, and conduit
Tier II ROW Encroachment Agreement Page 2 of 11
connecting to each light (the “Encroachment”). Upon completion of the Encroachment,
Licensee agrees to be responsible for maintaining the Encroachment within the Public
Property. Licensee shall not expand or otherwise cause the Encroachment to further
infringe in or on the Public Property beyond what is specifically described in Exhibit
“A.”
2.
All construction, installation, maintenance, and operation of the Encroachment
and the use or occupancy of the Public Property shall comply with and be performed in
strict compliance with this Agreement and with the charter, ordinances, codes, and
policies of the City. Prior to the construction or installation of the Encroachment,
Licensee shall submit all plans and specifications to the Director of the Development
Services Department or duly authorized representative. Licensee shall not commence
construction or installation of the Encroachment nor make any use of the Public Property
until after the execution of this Agreement.
3.
Licensee, at no expense to the City, shall make proper provisions for the
relocation and installation of any existing or future utilities affected by such
Encroachment and the use and occupancy of the Public Property, including the securing
the approval and consent of the appropriate utility companies and agencies of the State of
Texas and its political subdivisions. In the event that any installation, reinstallation,
relocation, or repair of any existing or future utility or improvements owned by or
constructed by or on behalf of the public or at public expense is made more costly by
virtue of the construction, maintenance, or existence of the Encroachment and use of
Public Property, Licensee shall pay to City an additional amount equal to such additional
cost as determined by the Director of Transportation and Public Works, the Director of
the Water Department, the Director of the Development Services Department, or their
duly authorized representative.
4.
Licensee agrees that City may enter and utilize the Public Property at any time for
any public purpose, including installing, repairing, replacing, or maintaining
improvements to its public facilities or utilities necessary for the health, safety, and
welfare of the public. The City shall have no responsibility or liability for any damages
related to the Encroachment resulting from the City’s use of the Public Property;
however, the City shall make reasonable efforts to minimize such damage.
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 3 of 11
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.
.
7.
The term of this Agreement shall be for thirty (30) years, commencing on the
date this Agreement is executed by City. However, the City may terminate this
Agreement upon Licensee’s noncompliance with any of the terms of this Agreement.
City shall notify Licensee in writing of any such noncompliance and if Licensee does not
cure the noncompliance within thirty (30) days of notice from City, the City may
terminate this Agreement. However, the City may, at its sole option, allow the Agreement
to remain in effect so long as Licensee has taken reasonable measures to cure the
noncompliance or is continuing to diligently attempt to remedy the noncompliance.
8.
It is further understood and agreed between the parties hereto that the Public
Property to be used and encroached upon is held by City as trustee for the public; that
City exercises such powers over the Public Property as have been delegated to it by the
Constitution of the State of Texas or by the Texas Legislature; and that City cannot
contract away its duty and its legislative power to control the Public Property for the use
and benefit of the public. It is accordingly agreed that if the governing body of City may
at any time during the term hereof determine in its sole discretion to use or cause or
permit the Public Property to be used for any other public purpose, including but not
being limited to underground, surface, or overhead communication, drainage, sanitary
sewerage, transmission of natural gas or electricity, or any other public purpose, whether
presently contemplated or not, that the parties agree to negotiate in good faith in order to
accommodate both the Encroachment and the public purpose.
Tier II ROW Encroachment Agreement Page 4 of 11
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 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 5 of 11
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 6 of 11
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
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Tier IIROW Encroachment Agreement Page 7 of 11
EXECUTED to be effective on the date signed by the City’s Director of
Development Services Department
City:
CITY OF FORT WORTH
By: ___________________________
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
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
Licensee:
Cook Children's Health Care System
a Texas non-profit corporation
By:
a� : Spence a1s
Title: Vice President, Construction & Real Estate
Date: /O • o�• 2S
STATE OF 1e�aS §
COUNTY OF�OIYrG�, §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
t Q , on this day personally appeared Spencer Seals, Vice President,
Construction & 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 Health Care System, a Texas non-profit corporation, and in the capacity
therein stated.
GNEN LTNDER MY HAND AND SEAL OF OFFICE this � day of
''�►'��' Uvnna Muna�
�+�t� �`� � Norary Public
'* ��*� STATE 4F TEYAS
�y,, •'°r'.' NatBry ID �13523128b
.'a�a�,�' A+ly Camm. Exp. 04�1 i�20�8
Tier II ROW Encroachment Agreement Page 8 of 11
State of �UW
Tier II ROW Encroachment Agreement Page 9 of 11
***THIS PAGE FOR CITY OF FORT WORTH OFFICE USE ONLY***
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared D.J. Harrell, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein expressed, as the act and
deed of the City of Fort Worth, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this_____day of
_____________, 2025.
__________________________________
Notary Public in and for the State of Texas
Tier II ROW Encroachment Agreement Page 10 of 11
EXHIBIT A
Depiction and description of the Encroachment
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RIGHT-OF-WAY ENCROACHMENT AGREEMENT
FORT WORTH, TEXAS
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PARCEL 1
APPROXIMATE LOCAiION '
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P.R.T.C.T.
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PARCEL 1
STREETLIGHTS RIGHT—OF—WAY
ENCROACHMENT AGREEMENT
1331 SQUARE FEET / 0.030 ACRE
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p 550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107
even date accompanies this drawing.
Tel: 817.335.1121
DATE: SEPTEMBER 4, 2025 TEXAS REGISTERED SURVEYING FIRM NO. 10098100
W.I. COOK FOUNDATION, INC
C.C.D. N0. D216299520
D.R.T.C.T.
LOT 30R, BLOCK 9
GRANDVIEW ADDITION
VOLUME 388-204, PAGE 8
P.R.T.C.T.
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PAGE 1 OF 6
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PARCEL 1
PROPERTY DESCRIPTION
BEING a tract of land situated in the S. Jennings Survey, Abstract No. 844, City of Fort Worth, Tarrant County, Texas, being that portion of gth
Avenue (a variable 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 east right-of-way line of said 8th Avenue, the south right-of-way line of Cooper Street (a variable width
right-of-way), and being the northwest line of Lot 30R, Block 9, Grandview Addition, an Addition to the City of Fort Worth according to the
plat recorded in Volume 388-204, Page 8, Plat Records, Tarrant County, Texas, the northwest corner of that certain tract of land as described
by deed to W.I. Cook Foundation, Inc., recorded in County Clerk Document Number D216299520, Deed Records, Tarrant County, Texas;
South 00°26'49" East, departing the south right-of-way line of said Cooper Street, with the east right-of-way line of said 8th Avenue, a
distance of 54.39 feet to the POINT OF BEGINNING of the herein described tract of land;
THENCE South 00°26'49" East, continuing with the west line of said Lot 30R, Block 9, Grandview Addition, the east right-of-way line of said
8th Avenue, a distance of 183.01 feet to a point;
THENCE departing the east right-of-way line of said 8th Avenue, the west line of said Lot 30R, Block 9, Grandview Addition and crossing into
said 8th Avenue, the following courses and distances:
South 89°33'11" West, a distance of 7.27 feet to a point;
North 00`27'09" West, a distance of 183.01 feet a point;
North 89°33'11" East, a distance of 7.29 feet to the POINT OF BEGINNING and containing a calculated area of 1,331 square feet or 0.030
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 2 OF 6
EXHIBIT "A"
Stephen Ft. Glosup C�
Registered ProfessionalLand Surveyor
Texas Registration No. 5570
srg@dunaway.com
September 4, 2025
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550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107
Tel: 817.335.1121
TEXAS REGISTERED SURVEYING FIRM NO. 10098100
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STREETLIGHTS RIGHT-OF-WAY
ENCROACHMENT AGREEMENT
1,331 SQUARE FEET or 0.030 ACRE
A PART OF S. JENNINGS SURVEY,
ABSTRACT NUMBER 844, CITY OF FORT
WORTH, TARRANT COUNTY, TEXAS
City of Fort Worth, Torrant County, Texas.
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lRRIGA TION RIGH T- OF- WA Y ENCROA CHMEN T A GREEMEN T
A PART OF THE W. WELCH SURI/EY, ABSTRACT NUMBER 1644
APPROXIMATE LOCATION
OF SURVEY LINE AND
CENTERLINE OF STREET
COOPER STREET
(VARIABLE WIDTH PUBLIC RIGHT—OF—WAY)
LOT A
DISSEL TRACT
VOLUME 388-65, PAGE 55
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POINT OF
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IRRIGATION RIGHT—OF—WAY
ENCROACHMENT AGREEMENT
1347 SQUARE FEET / 0.030 ACRE
W.I. COOK FOUNDATION, INC
C.C.D. N0. D216299520
D.R.T.C.T.
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LOT 30R, BLOCK 9
GRANDVIEW ADDITION
VOLUME 388-204, PAGE 8
P.R.T.C.T.
W. TERRELL AVENUE
(VARIABLE WIDTH PUBLIC RIGHT—OF—WAY)
A metes and bounds description ��
of even date accompanies this �pUNAWA
drawing. ��r �
550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107
Tel: 817.335.1121
DATE: SEPTEMBER 4, 2025 TEXAS REGISTERED SURVEYING FIRM NO. 10098100
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lRRIGA TION RIGH T- OF- WA Y ENCROA CHMEN T A GREEMEN T
A PART OF THE W. WELCH SURI/EY, ABSTRACT NUMBER 1644
PARCEL 2
Curve Table
Curve Central Angle Radius Arc Length Chord Bearing
Number and Distance
C1 090°00'00" 0.50 0.79 S44°32'51"W 0.71'
C2 071 °20'34" 0.50 0.62 N54'46'52"W 0.58'
C3 018°39'26" 24.50 7.98 N09°46'S2"W 7.94'
C4 028°29'20" 24.50 12.18 N13°47'31 "E 12.06'
CS 079°22'S5" 0.50 0.69 N67'43'39"E 0.64'
C6 072°07'45" 0.50 0.63 S36°31'01 "E 0.59'
Line Table
Line gearing Distance
Number
L1 S00°26'49"E 21.89'
L2 S89°32'S1 "W 2.29'
L3 S8932'51 "W 0.50'
L4 S00°27'09"E 6.00'
L5 S89°32'51 "W 2.24'
L6 S72°34'S3"E 0.62'
L7 S00°27'09"E 7.46'
L8 N8932'51 "E 0.50'
A metes and bounds description ��
of even date accompanies this �pUNAWA
drawing. ��r �
550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107
Tel: 817.335.1121
DATE: SEPTEMBER 4, 2025 TEXAS REGISTERED SURVEYING FIRM NO. 10098100
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PAGE 4 OF 6
ExHiei r "a "
lRRIGA TION RIGH T— OF— WA Y ENCROA CHMEN T A GREEMEN T
A PART OF THE W. WELCH SURI/EY, ABSTRACT NUMBER 1644
PARCEL 2
PROPERTY DESCRIPTION
BEING a tract of land situated in the S. Jennings Survey, Abstract No. 844 and the W. Welch Survey, Abstract No. 1644, City of Fort Worth,
Tarrant County, Texas, being that portion of 8th Avenue (a variable 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 east right-of-way line of said 8th Avenue, the south right-of-way line of Cooper Street (a variable width
right-of-way), and the northwest corner of Lot 30R, Block 9 of Grandview Addition, an Addition to the City of Fort Worth according to the plat
recorded in Volume 388-204, Page 8, Plat Records, Tarrant County, Texas, the northwest corner of that certain tract of land as described by
deed to W.I. Cook Foundation, Inc., recorded in County Clerk Document Number D216299520, Deed Records, Tarrant County, Texas;
South 00°26'49" East, departing the south right-of-way line of said Copper Street, with the east right-of-way line of said 8th Avenue, a
distance of 21.89 feet;
South 89°32'S1" West, departing the west line of said Lot 30R, Block 9, Grandview Addition, crossing into said 8th Avenue, a distance of
2.29 feet to the POINT OF BEGINNING of the herein described tract of land;
THENCE continuing across said 8th Avenue, the following courses and distances:
South 00°27'09" East, a distance of 259.55 feet to a point;
South 89°32'S1" West, a distance of 0.50 feet to a point;
South 00°27'09" 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°00'00", a radius
of 0.50 feet and a chord bearing and distance of South 44°32'S1" West - 0.71 feet;
With said curve to the right in a southwesterly direction, an arc length of 0.79 feet to a point;
South 89°32'S1" West, a distance of 2.24 feet to a point for the beginning of a curve to the right having a central angle of 71°20'34", a radius
of 0.50 feet and a chord bearing and distance of North 54°46'S2" West - 0.58 feet;
With said curve to the right in a northwesterly direction, an arc length of 0.62 feet to a point for the beginning of a compound curve to the
right having a central angle of 18°39'26", a radius of 24.50 feet and a chord bearing and distance of North 09°46'S2" West - 7.94 feet;
With said compound curve to the right in a northwesterly direction, an arc length of 7.98 feet to a point;
A drawing of even date
accompanies this metes and
bounds description.
DATE: SEPTEMBER 4, 2025
� DUNAWA
Y
550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107
Tel: 817.335.1121
TEXAS REGISTERED SURVEYING FIRM NO. 10098100
OF T
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,�P�. G� s r E;� F�q
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• � •
STEPHEN R. GLOSUP
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09/0 / 0 5
PAGE 5 OF 6
ExHiei r "a "
lRRIGA TION RIGH T- OF- WA Y ENCROA CHMEN T A GREEMEN T
A PART OF THE W. WELCH SURI/EY, ABSTRACT NUMBER 1644
PARCEL 2
North 00°27'09" West, a distance of 254.07 feet to a point for the beginning of a curve to the right having a central angle of 28°29'20", a
radius of 24.50 feet and a chord bearing and distance of North 13`47'31" East - 12.06 feet;
With said curve to the right in a northeasterly direction, an arc length of 12.18 feet to a point for the beginning of a compound curve to the
right having a central angle of 79°22'S5", a radius of 0.50 feet and a chord bearing and distance of North 67°43'39" East - 0.64 feet;
With said compound curve to the right in a northeasterly direction, an arc length of 0.69 feet to a point;
South 72° 34'S3" East, a distance of 0.62 feet to a point for the beginning of a curve to the right having a central angle of 72°07'45", a radius
of 0.50 feet and a chord bearing and distance of South 36'31'01" East - 0.59 feet;
With said curve to the right in a southeasterly direction, an arc length of 0.63 feet to a point;
South 00°27'09" East, a distance of 7.46 feet to a point;
North 89`32'S1" East, a distance of 0.50 feet to the POINT OF BEGINNING and containing a calculated area of 1,347 square feet or 0.030
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 6 OF 6
EXHIBIT "A"
PARCEL 2
stepnen�tt. �iosup v
Registered Professional Land Surveyor
Texas Registration No. 5570
srg@dunaway.com
September _, 2025
� DUNAWA
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550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107
Tel: 817.335.1121
TEXAS REGISTERED SURVEYING FIRM NO. 10098100
/ Q.� �� 0 T f T;`��\
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. � .
STEPHEN R. GLOSUP
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IRRIGATION RIGHT-OF-WAY
ENCROACHMENT AGREEMENT
1,347 SQUARE FEET or 0.030 ACRE
A PART OF S. JENNINGS SURVEY,
ABSTRACT NUMBER 844, CITY OF FORT
WORTH, TARRANT COUNTY, TEXAS
City of Fort Worth, Torrant County, Texas.
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QUANTITIES IN RIGHT-OF-WAY:
1. 6 SF PEDESTRIAN LIGHT POLES
2. 30 LF PRIVATE CONDUIT
0 50 100
GRAPHIC SCALE IN FEET
� �uwa►wa
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550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107
Tel: 817.335.1121
(iX REG. F-1114)
�
4. 7'
PROPOSED PRl VA TE
� PEDESTRIAN LIGHT (TYP.)
4. 9'
,;.
5. 3'
,;
LOT 30-R, BLOCK 9
GRANDVIEW ADDITION
VOLUME 388-204, PAGE 8
,5. �' P.R.T.C.T.
W. TERRELL AVENUE
(VARIABLE WIDTH RIGHT-OF-WAY)
ASPHALT PAV MEN�
Ex-iz�w ��
LEGEND
� PROPOSED PRIVATE
PEDESTRIAN LIGHT
PROPOSED PRIVATE CONDUIT
-- �- PROPERTY BOUNDARY
EXHIBIT C-1a - STREET LIGHTS
CCMC EAST 8TH DEVELOPMENT
FORT WORTH, TX
CR OSS SEC Tl 0/�l A- A
640 640
PROFILE SCALE
HORIZ: 1" = 40'
VERT: 1" = 4'
LIGHTPOLE
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PRO OSED GRADE lSTING GROU D
635 635
PROPOSED
PEDES rRIAN
LIGHT POLE
630 FOUNDA rION 630
IPRO OSED
PRl V TE COND Ul T
R. 0. W. ��
625 625
620 620
-0+50 0+00 0+50 1 +00
ANCHOR BOLTS BY
LIGHTPOLE SUPPLIER
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PEDESTRIAN LIGHT POLE FOUNDATION
NOT TO SCALE
� DUNAWA
y
550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107
Tel: 817.335.1121
(1X REG. F-1114)
EXHIBIT C-1b - STREET LIGHTS
CCMC EAST 8TH DEVELOPMENT
FORT WORTH, TX
FORT WORTH Series
Cast Iron Posts
18" sq. base
� DUNAWA
y
550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107
Tel: 817.335.1121
(1X REG. F-1114)
SPECIFICATIONS
DESCRIPTION
The lighting post shall be all
cast iron construction, massively
tapered with a deep, 16 flute
pattern on the shaff and a classic
square base. The post shall be
Antique Street Lamps' catalog
number PI FWl8 XX finish.
MATERIALS
The post material shall be ASTM
A48, Class 30 cast iron, formed
true to the pattern with complete
detail. All exposed hardware shall
be tamper resistant stainless steel.
Anchor bolts to be completely hot
dip galvanized. Partially galva-
nized bolts are not acceptable.
DIMENSIONS
The post shall be X'- XX" in height
with an 18" square base. The post
shall taper from a 7" diameter at
the top of the base to a 4.5" dia-
meter at the post top. An integral
3" O.D. x 3" tenon shall be provid-
ed at the top for luminaire mount-
ing. The post top shall include
a transitional donut between the
fluted shaff and the tenon.
I NSTALLATION
The post shail be provided with
four 3/4" diameter, L-type anchor
bolts, 55K psi, to be installed on
a 15" diameter bolt cirde. Two
doors shall be provided in the
base for anchorage and wir-
ing access. A grounding screw
shall be provided inside the base
accessible from one door.
For finish specifications and color
options, see "Finish" section in
catalog.
ANTIQUE
�eet Lamps���
2011 W Rundberg Ln.•A�slin, TX 78758
Ph (800) 410-8899•Fax (512) 977-9622
EXHIBIT C-1c - STREET LIGHTS
CCMC EAST 8TH DEVELOPMENT
FORT WORTH, TX
PI FW18 15 finish PI FW18 13 finish PI FW18 12 finish PI FW1810 finish PI FW18 7 finish PI FW186 finish
FORT WORTH Series
Cast Iron Posts • 18" sq. base
ORDERING INFORMATION
Choose ihe boldface caTalog nomenclature ihat best suits your needs and write if
on fhe oppropriote line.
Example: PI FW18 12 ANPP Options
PI FW18 10 ANCM
Post�— Hei ht Finish'
PI FW18 6 ANPP PrimePainted
� ANBK a�ack
Post, Cast Iron � 0 ANDB Dark Bronze
FORT WORTH ANDG Dark Green
78" base � 3 ANVG Verde Green
^us om a c"�
15
RAL colors
Paint finish to be PPG
DTM # 90-475
6140
Z5
C1Y35
M42
Receptacles
BannerArms
Flagpole Holders
Custom Logos
Signage
(see Signage & Accessories
section in ihe catabg or con-
tact Antique Street Lamps)
NOTES
7. For /fnish specifications ond color options, see Finlsh section in cuTaloy or
contact Antique Steei Lamps.
ANCHORAGE GUIDE
_�
10.6"
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= 3�� =
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•;o,• �ryryry .`; ��•'O ov
`�� 3/4" �, 55K psi, Hot
Dip Galvanized L type
Anchor Bolts (4 per Post)
� DUNAWA
y
550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107
Tel: 817.335.1121
(1X REG. F-1114)
EXHIBIT C-1d - STREET LIGHTS
CCMC EAST 8TH DEVELOPMENT
FORT WORTH, TX
ANTI UE Street Lam�s���
2011 W.RundbergLn.•Austin,TX78758•Ph(800)470-8899•Fax(512)977-9622
DS4 WITH LUMINAIRE BASE CHOICE
� SS
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���16'w 16"w '..�16"vi
:41 !i h 3Th 3R'h
'9'ctl '9S'btl 'J.]5"bd
DS4 B DS4 X DS4 E
��r��
��
��.w
41.5'h
'4"bd
DS4 A
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e�_,�
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16"w
A25h
'5"btl
DS4 L
FINIAL
Cast aluminum
S
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15'�.v
89"h
'4Sbd
DS4 D
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A3"h
'4.5'bd
DS4 W
CUTOFF REFLECTOR
Anodized and segmented
with porcelain socket
PORCELAI N SOCKET
Medium base
REFRACTIVE GLOBE
Clear acrylic
BALLAST HOUSING
WitYi factory prewired H.I.D, ballast assemby
GLOBESCREWS
(4) 1/4" stainless steel, socket set screws
LUMINAIRE BASE
Cast aluminum in a variety of styles
BASE SCREWS
(6) 714" stainless steel, socket set screws
for fastening to 3"O,D, post tenon
QUICK DISCONNECT PLUGS
DS4 E 150M MED
Series�cf WaHage/Lamp�
DS4 Bs MefalHalide
DS,�,�,_,X 50M MED
(�..`B� 70M MED
DS4 C 100M MED
DS4 P �
DS4 K
DS4 M HlghP�esure5odlum
DS4 A 355 MED
DS4 R
D54 L 505 MED
DS4 W 70S MED
DS4 S' 1005 MED
DS4 N'� �SOS MED
DS4 AU
0
ARF
Lens Material
ARF Acryuc,
Refraclive
SR4SC TB4
Distribution m Voltage'
SR2 ies oisrr��uuvn TB7 i2o �oir
SR3 ies oisrr�butior, T82 2oa �oir
._ �ES� p�s� TB3 240 volt
TOOL-LESS BALLAST HOUSING
the luminaire.
no: D54 D 1505 MED ARF SR2 TBI PEB1 ANBK
ANCM
Options FiNsh" �
HS' House siae snieiu ANBK siack
SF Single Fusing ANDB oark eronze
DF Doubla Fusing ANDG Dork Green
pEBI Photoelecinc cell button120v
pEB2 Pnorcei� t��; ceii o�,rrc.� zoe, zao, znv ANPP Pdme Pain�
PER' rWlst-Lock Photoconirol Recepfacle us om vTa%I
PE 1' NEMA iwist & Lock PE 120, 2�8, 740v }e'n+9elecl
PE3' NEMA Twlst & Lock PE 347v RAL cdors
PE4' NEMA Twlst & LOCk PE 480v
pEl' NEMATwist & LOCk PE D7V
Paint finish to be PPG
DTM # 90-475; B140; Z5; C1Y35; M42
347 347 volr
480 480 volt
i. r�nurr�-rap eoirasr p2¢ zoe, zaa, z���>, C�2o, z�� 3a�� rn co�oaa).
Fo� wottages undei 70S or IOM contact ASL far vo7age availability.
2. HS opflon Is no' avoilable wiih dlshlbuilon oph�on SRSS or SR45C.
3. Twist & Lock Phofo Confrol onty woilo5le wi�h N S and AU boses.
4, Fafinsh antl cda opibrtS see FiMsh section in catabg a�confactf�SL.
5. Consull factory fa waftages for 8 Senes Luminaire Base.
� DUNAWA
y
550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107
Tel: 817.335.1121
(1X REG. F-1114)
EXHIBIT C-1e - STREET LIGHTS
CCMC EAST 8TH DEVELOPMENT
FORT WORTH, TX
��
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16'w
A2'h
'A'bd
DS4 R
' btl dimensfons are the dlameter af ihe base
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��.
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Ib"w 16"w �. 76'w � 16"w
� 39"h 39S'h � 19'h 41'h
'Sbtl '4�bd '4'b9 '5'btl
DS4 C DS4 P DS4 K DS4 M
Q
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4�� : �� E '
� 1, 1
-� 16'w '6'w 16"w
' 42,5"h 47.5'h dd.5"h
'4 � btl '3.S'bd '4.:i btl
IDS4 S DS4 N DS4 AU I
Twisf & Lock photoelectiic cell options
available w'rth luminaire boses S, N and AU only.
LUMINAIRE BASE WITH
BALLAST HOUSING
REMOVING BALLAST ASSEMBLY
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PROPOSED PRIVA TE
lRRIGA TION HEADS (TYP.)
LOT 30-R, BLOCK 9
GRANDVIEW ADDITION
VOLUME 388-204, PAGE 8
P.R.T.C.T.
� —
I
I
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I
� � � � � I � I I
� it�
QUANTITIES IN RIGHT-OF-WAY:
1. 16 SF IRRIGATION HEADS
0 50 100
GRAPHIC SCALE IN FEET
� �uwa►wa
y
550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107
Tel: 817.335.1121
(iX REG. F-1114)
W. TERRELL AVENUE
(VARIABLE WIDTH RIGHT—OF—WAY)
ASPHALT PAV MENT
Ex-iz�w � °�
LEGEND
■ PROPOSED PRIVATE
IRRIGATION HEADS
EXISTING CURB
-- �— PROPERTY BOUNDARY
EXH I BIT C-2a - I RRIGATION
CCMC EAST 8TH DEVELOPMENT
FORT WORTH, TX
Tier II ROW Encroachment Agreement Page 11 of 11
EXHIBIT B
Certificate of Insurance