HomeMy WebLinkAbout064269 - Construction-Related - Contract - TDC Merrimac Declarant LLCDate Received: 11/11/2025
11:07 a.m.
Time Received:
Record Number: PN25-00138
City Secretary No.: 64269
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
TIER If
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 TDC Merrimac Declarant,
L.L.C., a Delaware limited liability company ('Declarant"), and TDC Merrimac Retail,
L.L.C., a Delaware Limited Liability Company, ("TDC Retail") and TDC Merrimac
Partners, L.L.C., a Delaware limited liability company (together with TDC Retail and
Declarant, collectively, "Licensee"), acting by and through its duly authorized
representative.
RECITALS
WHEREAS, Licensee is the owner of an interest in the real property located at
1561 Old University Drive, Fort Worth, Texas 76107 ("Property"), being more
particularly described as, Lots 1R and 2R, Block, of Trinity River Plaza, an addition to
the City of Fort Worth, Tarrant County, Texas, and being all of the those tracts described
in that certain Special Warranty Deed to TDC Merrimac Declarant, L.L.C. recorded in
Instrument Number D225123629, that certain Special Warranty Deed to TDC Merrimac
Partners, L.L.C., recorded in Instrument Number D225124925 and that certain Special
Warranty Deed to TDC Merrimac Retail, L.L.C. recorded in Instrument Number
D225124923, each as recorded in the Official Deed Records, Tarrant County, Texas; and
WHEREAS, the City owns a 20' Drainage Easement, an 8' Public Use
Easement, and a 15' Drainage Easement (the "Public Property") on the Property,
dedicated by plat pursuant to the final plat of the property (FS-24-253), which plat is
recorded in the plat records of Tarrant County as Instrument D225190325; 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
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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 locations shown
on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing,
installing, and maintaining private sidewalk, part of building, and storm connections (the
"Encroachments"). 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.
93
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
Tier 11 Easement Encroachment Agreement Page 2 of 14
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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 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.
A
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
Tier II Easement Encroachment Agreement Page 3 of t4
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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.
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
Tier II Easement Encroachment Agreement Page 4 of 14
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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 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.
Tier II Easement Encroachment Agreement Page 5 of 14
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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
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 following 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.
Tier II Easement Encroachment Agreement Page 6 of 14
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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 II Easement Encroachment Agreement Page 7 of 14
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EXECUTED to be effective on the date signed by the City's Director of
Development Services Department
City:
CITY OF FORT WORTH
�Thyt Harrell
By: •A
D. J. Harrell
Director, Development Services Department
Date: 11/06/2025
ATTEST: Approved As To Form and Legality
Jarmette 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.
- a:b
Kandice Merrick
Development Services Manager
OFFICIAL RECORD
Tier 11 Easement Encroachment Agreement CITY SECRETARY page 8of 14
Standa'a FT. WORTH, TX
Licensee:
TDC Merrimac Declarant, L.L.C.
a Delaware limited liability company
r, r1
By:
Name:
Aehley. SGripay
AUNorizMSigntry
Title: q /�
Date: ()cm y0j �t[�?5
STATE OF �1-T 1-Vt� §
COUNTY OF V1 S §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Tt*&S , on this day personally appeared
itle) 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
�_)MtfrnW)blf tW(jAV4Nf.. a ja jftrW L.L.C. (entity type), and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 4,)0 day of
W1,sY ,2025.
�l
Notary Public in and for the
Stateof V+0L%
is
STEPHANIEMARIETURLEYNol IDk1298805,
N My Comminlon ExpF
July 9, 2026
Tiu [I Easement Encroachment Agreement Page 9 of 14
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Licensee:
TDC Mernmac Partners, L.L.C.
a Delaware limited liability company /
Name: A.m h
Title: Autoriced SI
Date: DC.)& .A 313. 41-6
STATE OF.T:P 4 S_ §
COUNTY OF Tom_ §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
on this day personally appeared T'v,1h�,/iy GIN9
1'�N��Y(t !yi Ll) �1WnU (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 cousideration ,,�thhem expressed, as the act and deed of
'tN,\WY)A"(�. CAY�YWYS . a [�,Q�I.ly ( I. LC. (entity type), and in the capacity
therein stated
GIVEN UNDER MY HAND AND SEAL OF OFFICE this -2LO-- day of
2025.
east STEPHANIE MARIE TIIRLEI'
1 U Notary la#129SW938
Notary Public in and for Ore ^. My Comminfan Expires
July 9, 2026
State of Tl?+OLS
Tia 11 Pawn= Fo roachmant Agreement Page 10 of 14
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Licensee:
TDC Merrimac Retail, L.L.C.
a Delaware limited liability company
By:i A\ lb Q (C.
Name: AsWeyt&. `a
Auawized Si®utary
Title:
Date:
STATE OF §
COUNTY OF _ G\YY� S� §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
on this day personally appeared K\m�,y�+/bf�
WjkV4() A �) *1q,*(Title) brown tome 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 {�annd1,� consideration
� �rtherein expressed, as the act and deed of
-TM NSAVInW r-J'.inl1. aa�lI� AYe I-.L.C. (entity type), and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this U day of
�C%vwv 2025.
(Notary Public in and for the
State of �-[DtrA3
STEtary ID MARK
Notary to 0129800538 EVIre
Ny C July 9. 20 Eaplres
July 9, 202b
Tier 11 Easement Fawma6rnmt Agreement Page 11 of 14
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***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 6th day of
November 2025
µ/y��art41i�
Notary Public in and for the State of Texas
Wendy Beardslae
My Co712812issitxt Expires
7/mon
Notary lD133237193
Tier 11 Ea mt Encroachment Agreement Page 12 of 14
Stmdard
EXHIBIT A
Depiction and description of the Encroachment
Tier it Easement Encroachment Agreement Page 13 of t4
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FORT WORTH
THE CITY OF FORT WORTH, TEXAS
ENCROACHMENT AGREEMENT
WESTBEND MERRIMAC
PROJECT
LOCATION
Colmlal
CNf Cmm
WESTBENDMERRIMAC: LOCATION MAP N.T.S
CaN: loses) MAPSCON TAR-076 J & K
FORT WORTH, °RIVE
COUNCIL DISTRICT: 9
OWNERMEVELOPER
TDC MERRIMAC PARTNERS, LLC & TDC MERRIMAC RETAIL, LLC
19)0 WE5T LOOP SOUTH, SUITE 130)
HOUSTON, TX 77027
CONTACT: CHANCE MOORE
LEGAL. DESCRIPTION
EASEMENT ENCROACHMENT
BEING a 0.0034 acre (150 square foot) tract of land (TRACT 1), a 0.0224 acre (976 square foot) tract of land
(TRACT 2) and a 0.0042 acre (185 square foot) tract of land (TRACT 3) situated in the Etherlbert S. Harris Survey,
Abstract No. 688, City of Fort Worth, Tarrant County, Texas and being part of Lots 1 R & 2R, Block 1 Trinity River
Plaza, an addition to the City of Fort Worth, Texas according to the plat recorded in Instrument No. D225190325,
Official Public Records of Tarrant County, Texas; said tracts being more particularly described as follows:
TRACT 1
COMMENCING at the southwest corner of said Lot 1R; said point being in the east right-of-way line of Old University
Drive (an 80-foot wide right-of-way);
THENCE North 26°06'04" East, along the said east right-of-way line of Old University Drive, a distance of
100.18 feet to a 5/8-inch iron rod with cap stamped "KHA" set;
THENCE North 25°38'53" East, continuing along the said east right-of-way line of Old University Drive, a
distance of 235.59 feet to a point;
THENCE North 87°46'26", departing the said east right-of-way line of Old University Drive and along the
south line of a 15-foot drainage easement dedicated by the said plat of River Plaza Complex, a distance of
129.72 feet to the POINT OF BEGINNING;
THENCE North 02'13'34" West, departing the said south line of the 15-foot drainage easement, a distance of 15.00
feet to a point for corner in the north line of said 15-foot drainage easement;
THENCE North 87°46'26" East, along the said north line of the 15-foot drainage easement, a distance of 10.00 feet
to a point for corner;
THENCE South 02°13'34" East, departing the said north line of the 15-foot drainage easement, a distance of 15.00
feet to a point for corner in the said south line of the 15-foot drainage easement;
THENCE South 87°46'26" West, along the said south line of the 15-foot drainage easement, a distance of 10.00 feet
to the POINT OF BEGINNING and containing 150 square feet or 0.0034 acres of land, more or less.
EASEMENT ENCROACHMENT
PART OF LOTS 1 R & 2R, BLOCK
TRINITY RIVER PLAZA
E.S. HARRIS SURVEY,
ABSTRACT No. 688
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
PADILLA, GALLAN 10/9/2025 1:28 PM K:IFTW 5LIRVEY1064469513-WE51BLND MLKKIMAGIDWG1064469613-WE5T6END MERRIMAG ENGROAGHMENT.DWG
TRACT 2
COMMENCING at a 1/2-inch iron rod with cap stamped "BRITTAIN & CRAWFORD' found in the south line of said
Lot 2R; from said point a 1I2Jnch iron rod with cap stamped'PACHECO KOCH' found bears South 23'01'05" West,
a distance of 34.97 feet;
THENCE North 66"0432" West, along the south line of said Lot 2R, distance of 138.89 feet
THENCE North 23'5628' Fast, departing the said south line of Lot 2R, a distance of 35.44 feet to the POINT
OF BEGINNING;
THENCE North 64031'38' West, a distance of 8.00 feet to a point for comer,
THENCE North 25021 East, a distance of 122.00 feet to a point for corner;
THENCE South 64'31'38" East a distance of 8.00 feet to a point for comer;
THENCE South 25*29220 West, a distance of 122.00 feet to the POINT OF BEGINNING and containing 976 square
feet or 0.0224 acres of land, more or less.
TRACT 3
COMMENCING at a 1/24nch iron rod with cap stamped 'BRITTAIN & CRAWFORD' found in the south line of said
Lot 2R; from said point a 1/2-inch iron rod with cep stamped "PACHECO KOCH" found bears South 2300105' West,
a distance of 34.97 feet;
THENCE South 6602604" West, distance of 71.27 feet;
THENCE South 2303453" West, a distance of 35.44 feet to the POINT OF BEGINNING;
TH ENCE South 66'25'07' East, a distance of 10.00 feet to a point for comer;
THENCE South 2305628' West, a distance of 18.49 feet to a point for comer,
THENCE North 66004'4T West, a distance of 10.00 feel to a point for comer,
THENCE North 23056'12" East, a distance of 18.43 feet to the POINT OF BEGINNING and containing 185 square
feet or 0.0042 acres of land, more or less.
NOTES
Bearing system based on the Texas Coordinate System of 191(2011 adjustment), North Central Zone (4202) with
an applied combed scale factor of 1.00012. A survey plat of even survey date herewith accompanies this metes &
bounds description.
The undersigned, Registered Professorial Land Surveyor, hereby certifies that the foregoing description accurately
sets out the metes and bounds of the easement described.
MICHAEL CLEO BILLINGSLEY
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 6558
801 CHERRYSTREET,
UNIT 11 SURE 1300
FORT WORTH, TEXAS 76102
PH. 817335E511
EASEMENT ENCROACHMENT
PART OF LOTS 1 R & 2R, BLOCK 1
TRINITY RIVER PLAZA
E.S. HARRIS SURVEY,
ABSTRACT No. 688
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
LEGEND Zop
Z
Am CENTRAL ANGLE
P.O.C. = POINT OF NT OF BEGINNING
IRSC =PDIRON ROOGIIN B 30 AD
IRFC =IRON IRON ROD WR FOUND
CAP SET
IRFC=IRONRODOUND POLING
IPF =IRON PIPE FOUND
OLD UNIVERSITY DRIVE
POC
I"C
(AN3 RDOTWDE PUBLIC RpHT VA'Y)
•IJ1n'
100.te' N2E•BBWE
— — — N25.3B5f•E 235.59
see rec
IN DRAINAGE EASEMENT \
(VOL 38"S.. PG 2) \ \
s5a,� \
LOT IR BLOCK \\
N\
I
TRINITY RIVER PLAZA \
\
(INST. NO. D225190325)
70CME INAc TRACT
EASEMENT
Dnszansl \
TOC NERRMAC ENCROACHMENT
RETAL.L. a 0.0034 ACRES P.O.B.
BNsr. No. o22a12Aen3) ,3
NOTES
150 SO. FT. L4 \v \
\ y
y
---7 e
Bearing system based an the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202) with
an applied combined scale factor of 1.00012. A metes and bounds description of even survey date herewith
a000mpanies this survey plat.
The undersigned, Registered Professional Land Surveyor,
hereby certifies that this survey pat accurately sets out the
metes and bounds of the easement tract.
MICHAEL CLEO BILLINGSLEY
REGISTERED PROFESSIONAL
LAND SURVEYOR NO.6558
801 CHERRY STREET,
UNIT 11 SUITE 1300
FORT WORTH, TEXAS 76102
PH, 817-335-6511
EASEMENTENCROACHMENT
PART OF LOTS 1 R & 2R, BLOCK 1
TRINITY RIVER PLAZA
E.S. HARRIS SURVEY,
ABSTRACT No. 688
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
t
a a m
(FMICSG WFMT
I jl ^fir
;mu
I
o���l I
o� ��l\
a0"3.O I LS�,L
T S
r_
r- x I �X+ I
8' PUSUC Use EASEMENT
(INST'NO.m 190325)
I
P.O.C.I
2e3) $
7JWW =
34."
FAF
P.O.B.
(a2FCl31
L12�
TRACT 31
EASEMENT
ENCROACHMENT
0.0042 ACRES
185 SQ. FT. L1
TRACT2
EASEMENT
ENCROACHMENT
0.0224 ACRES
976 SQ. FT.
P.O.C.
OB1 m
I �865'25U4R
I II nn
15.W
LINE TABLE
LINE TABLE
NO.
BEARING
LENGTH
NO,
BEARING
LENGTH
L1
NO2'13'34'W
15.00'
L]
564'31'38'E
B.DLY
L2
NB]'d8'28f
10.00'
L8
S2528'22'W
122.W'
L3
S02'13' ,
15.00
Le
S86°2BOTE
10.00'
Ld
s8r4MK
10.00'
L10
S2rS5 'W
1"'
Ls
NB4°a1aaW
e.ao'
L11
NW04'4rW
10.00'
LB
I MS-28-27E
I 122.00'
L12
N23°WITE
18.43'
LEGEND
G= CENTRAL ANGLE
P.O.C. = P OINTOF COMMENCING
P.O.B. = POINTOF BEGINNING
IRSC =SIB' IRON ROD W/'IW A' CAP SET
IRFC = IRON ROD WICAP FOUND
IPF = IRON PIPE FOUND
LOT 2R BLOCK
TRINITY RIVER PLAZA
(INST. NO. D225190325)
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(INST. NQ DM51N923)
EASEMENT ENCROACHMENT
PART OF LOTS 1 R & 2R, BLOCK 1
TRINITY RIVER PLAZA
E.S. HARRIS SURVEY,
ABSTRACT No. 688
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
IN
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RIVER PLAZA COMPLEX
(INST. NO. D195041914)
9712 MED CENTER FT WORTH TX
HOTEL, LLC
(INST. NO. D218037957)
APN: 06770339
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ENT
(INST. NO. D22519N325)
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VERTICAL SCALE: 1"=51
ENCROACHMENT 1 PROFILE
Kimley)))Horn
A01 Cherry St—k Unit 11
Suite 1300
Fan Worth, TX 78102 817-335-6511
State of T.:s Re.o sl�ation.No, F-928
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(INST. NO.0225190325)
MINIMUM FFE = 56t5'
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(INST. NO. D225190325)
50 TARRANT COUNTY WATER CONTROL &
IMPROVEMENT DISTRICT WNIBER ONE EASEMENT
(VOL. ST9/, PD. 696)
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EXHIBIT B
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 14 of 14
Standard
FoxJ
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: TUC Merrimac DedaraK LLC
Subject of the Agreement: Easement EncroachmentAgreement
M&C Approved by the Council? * Yes ❑ No 9
If so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes ❑ No 9
If so, provide the original contract number and the amendment number.
Is the Contract "Permanent"? *Yes ❑ No 9
If unsure, see back page for permanem contract listing.
Is this entire contract Confidential? *Yes ❑ No 9 Ifonly specie information is
Confidential, please list what information is Confidential and the page it is located
Only the Certlftcate of Insurance
Effective Date: 11/M025 (Director Signs) Expiration Date: 30 Years after execution
If dii ferem from the approval date. If applicable.
Is a 1295 Form required? * Yes ❑ No 9
*Ifso, please ensure it is attached to the approving M&C or attached to the contract.
Project Number: Ifapplicable.
*Did you include a Tent field on the contract to add the City Secretary Contract (CSC)
number? Yes 9 No ❑
Contracts need to be routed for CSO processing in the following order:
1. Katherine Cenicola (Approver)
2. Jannette S. Goodall (Signer)
3. Allison Tidwell (Form Filler)
*Indicates the information is required and if the information is not providers the contract will be
returned to the department.