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Home My WebLink About064210 - General - Contract - GS Quarry Falls Phase II Owner, LPD t R . d 10/30/2025 a e ece1ve : ______ _ T. R . d 1:45 p.m.1me ece1Ve : ------- Record Number: PN25-00149 City Secretary No.: _6_4_21_0 ___ _ PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER Tl 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 GS Quarry Falls Phase II Owner, L.P., a Delaware limited partnership ("Licensee"), acting by and through its duly authorized representative. RECITALS WHEREAS, Licensee is the owner of the real property located at 4800 Decatur Road, Fort Worth, Texas 76179 ("Property"), being more particularly described as Lots lR-1, lR-2, Block I, of Quarry Falls, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Deed Records, by Instrument Number D223173925; and WHEREAS, the City owns a water easement (the "Public Property") adjacent to the Property, dedicated by plat, depicted on the final plat of the property (FS-23-239), which plat is recorded in the plat records of Tarrant County as Instrument D2240867 l 6; 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 private storm line (the "Encroachment"). Upon completion Tier II Easement Encroachment Agreement Standard Page 1 of 12 Revised 12/2022 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 Properiy beyond what is specifically described in Exhibit "A." 2. All construction, installatian, maintenance, and operation of the Encroachment and the use or occupancy of the Public Praperty 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 ta 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 Encraachment and restore the Public Properiy to a condition acceptable to the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department or their Tier iI Easement Encroachment Agreement Page 2 of 12 Revised 12/2022 duly authorized representative. Any such removal of the Encroachment shall be in accordance with then-existing City regulations and policies. It is understood and agreed to by Licensee that if this Agreement terminates and Licensee fails to remove the Encroachment and restore the Public Praperiy, Licensee hereby gives City permission to remove the Encroachment and any supporting structures from the Public Properiy, 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 af 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 Properiy as provided for by this Agreement, Licensee agrees to pay ta 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. i It is further understood and agreed beriueen 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 Properiy as have been delegated to it by the Constitution of the State of Texas ar 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, ar overhead communication, drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not, that the parties agree to negotiate in good faith in order to accommodate both the Encroachment and the public purpose. Tier iI Easement Encroachment Agreement Page 3 of 12 Revised l2/2022 � LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFTCERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFF�CIALS FROM AND AGAINST ANY AND ALL CLAIMS OR SUIT5 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, D�RECTLY 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 WTTH THE ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, �TS 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 nat less than $1,OQ0,000 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 far all purposes. Licensee agrees, binds, and obligates itself and its successors and assigns to maintain and keep in force such public liability insurance at all times during the term of this Agreement and until the removal of the Encroachment and restoration of the Public Property. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. Tier II Easement Encroachment Agreement Page 4 of 12 Revised 12/2022 ll. 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 Encraachment 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. l4. 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 entetprise 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-pariy 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 far the enforcement of the obligations of the Licensee, City shall be entitled to recaver interest and reasonable attorneys' fees. Tier II Easement Encroachment Agreement Page 5 of 12 Revised 12/2022 17. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. 18. Licensee covenants and agrees that it will not assign all or any of its rights, privileges, or duties under this Agreement without the written approval of the City, and any attempted assignment without such written approval shall be void. In the event Licensee conveys the Property, Licensee may assign all of its rights and obligations under this Agreement to the new owner of the Praperty, 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 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. l 9. Prior to the end of the term of this Agreement, Licensee may submit a new encroachment application to the City. The City will not unreasonably withhold or delay approval of such application provided that the Encroachment follows the then current City codes and compliance. 20. Any cause of action for breach of this Agreement shall be brought in Tarrant County, Texas. This Agreement shall be governed by the laws of the State of Texas. 21. This Agreement shall be binding upon the parties hereto and their successors and assigns. 22. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. Tier II Easement Encroachment Agreement Page 6 of 12 Revised 12/2022 [SIGNATURES APPEAR ON FOLLOW�NG PAGE] Tier II Easement Encroachment Agreement Page 7 of 12 Revised 12/2022 EXECUTED to be effective on the date signed by the City's Director of Development Services Department City: CITY OF FORT WORTH 'JJattoM Harrett By: Dalton Harrell (Oct 29, 202513:39:49 CDT) D.J. Harrell Director, Development Services Department 10/29/2025 Date: ------------ ATTEST: Jannette Goodall, City Secretary Approved As To Form and Legality Hye Won Kim Assistant City Attorney Contract Compliance Manager: By si gning 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 Licensee: GS Quarry Falls Phase II Owner, L.P. a Delaware limited partnership by: GS Quarry Falls Phase II GP, LLC a Delaware limited liabiliry campany its general �artner By: � Name: JR Thulin Title: Vice President Date: � -� � � STATE OF ��C�� § � COUNTY OF ICc��°l.� § BEFORE ME, the undersigned authority, a Notary Public in and for the State of I��C.�� , on this day personally appeared � �� , j f�'C,� f�P1, ! c.�{� �{Titf e) 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 �onsidcra ian therein ex�ress�d, as the act and deed of �j (� P� �a � i�j �'�-�� tity type), and in the capacity therein stated. GIVEN UNDER� MY (�c�T�a �� , 202y4. / ., HAND AND SEAL OF OFFICE this G� day of Notary Public in and for the State of �-��,� Tier II Easement Encroachment Agreement : ��''�^'�;:. 1CRISTA DUCKWORTH :w:�.!� My Notary ID # b380606 :r�• W :a� ':f��af :�'.•�� Expires May 23, 2028 Page 9 of 12 Revised 12/2022 ��YTHiS 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 cansideration therein expressed, as the act and deed of the City of Fort Worth, and in the capacity therein stated. GIVEN LTNDER MY HAND AND SEAL OF OFFICE this 29th day of October 202 5 Ir�l��d�� ee Nota Public in and for the State of Texas � �$��Y �g�rdSle� rY � My �ommicclv+� �xplras * Ti281�Q29 Not�l�y Ip133237193 Tier Ii Easement Encroachment Agreement Page 10 of 12 Revised 12/2022 EXHIBIT A Depiction and descriptian of the Encroachment Tier II Easement Encroachment Agreement Page 11 of 12 Revised 12/2022 1 inch = 2000 ft. I/lC/NITY MAP MAPSCO N0. iAR-4?M COUNC/L D/STR/CT 2 Q UARR Y FALLS � MULTI-FAMILY dvll englnearing surveying lendacape erehltecri�re planning tbpels regis[rat�on numA[r: f— 7754 tbpels registraleon�l�crose number: 100N6000 519 east border arlington,tezas 76010 817-4fi9-1fi71 ra%: ei�-z�a-e�s� w w w m m a t e x a s. c o m VICINITY MAP mma /// /II /// �I// � � - EXHIB�T "A" WA TER EASEMENT ENCROA CHMENT AREA A.F. ALBRIGHT SURVEY, ABSTRACT No. 1849 CITY OF FORT WORTH, TARRANT CDUNTY, TEXAS BEING a 0.0028 acre tract of land situated in the A.F. Albright Survey, Abstract No. 1849, City of Fort Worth, Tarrant County, Texas, being a portion of Lot 1, Block 1, Quarry Falls, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in County Clerk's Instrument No. D224086716, Official Public Records, Tarrant County, Texas {OPRTCT) and being a portion of Unit �, GS Quarry Falls Condominium, described in the deed to GS Quarry Phase II Owner, L.P., as recorded in County Clerk's Instrument No. D223223375, OPRTCT. Said tract being more particularly described by metes and bounds as follows: COMMENCING at a 5/S" iron rod found for a northwest corner of said Lot 1 and a southeast corner of Lot 18, Block 6, The Quarry, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 8695, Plat Records, Tarrant County, Texas (PRTCT); THENCE South 31°22'08" East, over and across said Lot 1, a distance of 418.05 feet to the POINT OF BEGINNING; THENCE continuing over and across said Lot 1, the following courses and distances: South 67°25'S3" East, a distance of 20.00 feet to a point for corner; South 22°19'36" West, a distance of 6.00 feet to a point for corner, from which a 5/8" iron rod found for a southeasterly corner of said Lot 1 and Unit 1, GS Quarry Falls Condominium described in the deed to GS Quarry Phase I Owner, L.P., as recorded in County Clerk's Instrument No. D223223374, OPRTCT and in the northwest right-of-way line of Northwest Loop 820, a variable width public right-of-way, bears South 19°55'21" East, a distance of 817.66 feet; North 67°25'S3" West, a distance of 20.00 feet to a point for corner; North 22°19'36" East, a distance of 6.OQ feet to THE POINT OF BEGINNING and containing 120 Square Feet or 0.0028 of an Acre of Land, more or less. P:\3632-01-Ol\500 Land Surveying\506 Easements\Encroachment Exhibits\Easement Encroachment 0.0025 acre.docx Page 1 of 2 �-� �� (1 � `. � �J � ��OT �8� � \ � THE QUARR Y �� CAB. A, SLIDE 8695 PRTCT _,( \ \ �: � ./ �'XHIBlfi 'A " WATER EASEME'N7' ENCROACHMENT AREA A.F. ALBRIGHT SURVEY, ABSTRACT N0. 1849 CITY OF FORT WQRTN, TARRANT COUNTY, TEXAS ��. ' S%8" IRF NRpB3 (CRID} � w: esss�s r. os �E: 2313473.29 L I � •-� 20' WA7ER ESMT. I l CC� D224086716 � OPRTCT FUTURE LOT 1R-1 1 / � � � / � / � � � 1' � �� 11 �' \, \ I � Ir I {rp�:+�t(jZ� WIDTH �� F�9oox�;4�� T T SUR�EY �,.,r,,r�r ALBRIGH 1 g49 ; A' A�STRpCT N�' I � EA.S,F'�:�'li�'� AREA 0.0028 ACRE (120 SQ. FT.) 1� '� I i� � �FtJTtlRE LOT iR-2 �,1 � LOT l, BLOCK 1 ;� QUARRY FALLS `�, �_ CC# D224086716 �� t I OPRTCT m \I �� 5fB" rt' tRF r.p�S 1 ��r r��'� a�°L�� P p L� 0 �,flTM w�� 1, LON E WHITTEN, A REGISTERED PROFESS/QNAL LAND �p�t� _ pF- SURVEYOR IN THE STATE OF TEXAS, DO HEREBY �� i��' DECLARE TNAT THIS SURVEY IS TRUE AND CORRECT A(UD WAS PREPARED FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION ON THE GROUND. �� LON E. WHITTEN DATE: SEPTEMBER 05, 2025 REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION N0. 5893 ��.OF.�T�� G�Sr�� 9 � o .�n � LON �E � WHITTEN � • ' �Q.p. 5$93 ..v :Q- � '. p r� �9,� '`E' S 5 �o �o • 5t1R'�� Bearings and coordinates are grid based on the "TexQs Coordinate System of 1983, North Central Zone" (2011) as determined by GPS observafions. The convergence angle at the Point of Commencing is Q36'45.4". All distances hove been adjusted to surface using a combined scafe fQctor of 1.000150212725. . �ATE: 09-05-2025 SCALE: �" = 60' DRAWN BY: _ �MS CHECKED BY:_ �Ew JOB. NO.: 3632-01=01 LINE TABLE LINE BEARING DISTANCE L 1 S 6 7 25'S3" E 20. 00' L2 S 22°19'36" W 6.00' L3 N 6725'S3" W 20.00' L4 N 22'19'36" E 6.00' �,E'GE1VD/A��i'.�'YIA �'InNS CIRF CAPPED IRON ROD FOUND I DRTCT DEED RECORDS, TARRANT COUNTY, TEXAS OPRTCT OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS POC POINT OF COMMENCING POB POINT OF BEGINNING CC# COUNTY CLERK'S INSTRUMENT NUMBER IRF IRON ROD FOUND mlma I clvll englneeAng aurveying landscape archttecture planning tbpels registrotion number: f— 2759 tbpels registrotion/license number: 10088000 519 east border o r I i n g t o n, t e x a s 7 6 0 1 0 817-469-1671 rax:s��—z�a—s�s� w w w. m m a t e z a s. c o m PAGE 2 OF 2 crti — � I� �� I �� 0+50 1 +00 1 +50 2+00 ENCRDACHM��T #1 WATER EASEMENT ENCROACHMENT m ma civil engineering surveying lendscepe archi[ecture plenning tbpels registrolion number: f— 2759 tbpels registral�an/iicense number: 10088000 519 east border a r I i n g t o n, t e x a s 7 6 0 1 0 8,�-469—,s�, fax: 817-274-8757 w w w. m m a t e x a s. c o m Au ust 11, 2025 KD SHEET 1 OF 1 DATE: �2— SCALE: 1"= 40' DRAWN BY: ____ CHECKEO BY:_1/A _ JOB. NO.: ,��S��OQ=Q2 EXHIBIT B Certificate of Insurance Tier ii Easement Encroachment Agreement Page 12 of 12 Revised 12/2022 � �