HomeMy WebLinkAbout064213 - General - Contract - Central Calhoun, LLCDocusign Envelope ID: B4164AAB-2FE7-4AD3-AF42-E7B6CBEEDF19
10/30/2025 Date Received: ________ _ Record Number: PN25-00041
T. R . d 2:00 p.m.1me ece1ve : ________ _ . 64213 City Secretary N o.: _______ _
PUBLIC PROPERTY RIGHT-OF-WAY ENCROACHMENT LICENSE
AGREEMENT
TIER/
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 recorded 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
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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
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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
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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
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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
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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
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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
JJatto11 Harrett By: Dalton Harrell (Oct 29, 2025 14:18:36 CDT)
D.J. Harrell
Director, Development Services Department
Date: 10/29/2025 -------------
ATTEST:
FA�
Jannette Goodall,
City Secretary
Tier I ROW Encroachment Agreement
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
Page 7 of 11
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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
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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 29th day of
October .2025.
Ir✓��a'���<�.�ee
Notary Public in and for the State of Texas
' Wendy Be�rdslee
� * My CQ7J2812029 xplres
Natary Ip133237193
Tier I ROW Encroachment Agreement
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Docusign Envelope ID: B4164AAB-2FE7-4AD3-AF42-E766CBEEDF19
EXHIBIT A
Depiction and description of the Encroachment
Tier I ROW Encroachment Agreement
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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,.��� �� '�;
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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
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WORTH_LANDSCAPE_ENCROACHMENT.DWG
Docusign Envelope ID: B4164AAB-2FE7-4AD3-AF42-E7B6CBEEDFI9
� LEGEND
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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
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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
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ORIGINAL TOWN OF FORT WORTH
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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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� LEGEND
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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
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OF FORT WORTH
(UNRECORDED PLAT)
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208.89' �
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TRACT 5
� LEGEND
CENTRAL CALHOUN, LLC
(INST. NO. D222048665)
L20
S30°25'08"E 119.56'
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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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LOT 1 R, BLOCK 116
ORIGINAL TOWN OF
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(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.
-�
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GRAPHIC SCALE IN FEET
� XF
BLOCK 49
' ORIGINAL TOWN
OF FORT WORTH
UNRECORDED PLAT)
CENTRAL CALHOUN, LLC �
(INST. NO. D222048665) �
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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