Loading...
HomeMy WebLinkAbout064275 - Construction-Related - Contract - M25 on the Railroad LLCDate Received: 11/12/2025 Time Received: 4:22 p.m. Record Number: PN23-00101 64275 City Secretary No.: PUBLIC PROPERTY RIGHT-OF-WAY ENCROACHMENT LICENSE AGREEMENT TIER I 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 M25 on the Railroad, LLC, a Texas limited liability company ("Licensee"), acting by and through its duly authorized representative. RECITALS WHEREAS, Licensee is the owner of the real property located at 2645 Stanley Avenue, Fort Worth, Texas 76110 ("Property"), being more particularly described as, Lots 1-8, 1X, Block A and Lotsl-20, Block B, of Stanley Ave Town Homes, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Deed Records, by Instrument Number D224178541; 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 (FP-24-206), which plat is recorded in the plat records of Tarrant County as Instrument D225175766; 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: Tier I ROW Encroachment Agreement OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 12 Standard AGREEMENT kv 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,99 but only to the extent shown thereon, for the purpose of constructing, installing, and maintaining private stoops and stairs (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." ." 9 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, an4i 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. 91 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 Tier I ROW Encroachment Agreement Page 2 of 12 Standard 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 anal 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 tenninates 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 taping 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). Fj 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 publics 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 sale discretion to r?se 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, Tier I ROW Encroachment Agreement Page 3 of 12 Standard 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 anal the public purpose. 9. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENT'S, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJ-URY, 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 DART, 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, OIL INVITEES. 0 While this Agreement is in effect, Licensee agrees to famish 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 66B" and incorporated herein for all purposes. Licensee agrees, binds, and obligates itself and its successors and assigns to maintain and beep in force such public liability insurance at all times during the term of this Agreement and until the removal of the Encroachment and Tier I ROW Encroacbment Agreement Page 4 of 12 Standard 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 North. 12. Licensee agrees to comply fully with all applicable federal, state, and local laws, statutes, ordixances, codes, and regulations in connection with the construction, operation, anal 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. M 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 t ROW Encroachment Agreement Page 5 of 12 Standard 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 anti 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 Nlxty (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 entl 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. 41 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 1 ROW Encroachment Agreement Page 6 of 12 Standard [SIGNATURES APPEAR ON FOLLOWING PAGE] Tier I ROW Encroachment Agreement Page 7 of 12 Standard EXECUTED to be effective on the date signed by the City's Director of Development Services Department City: CITY OF FORT WORTH Moil ffamea By: Da lton Hairt11(N. 1,20251651:32 CST) D. J. Harrell Director, Development Services Department Date: 11/06/2025 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 OFFICIAL RECORD Tier IROW EncroachmentAgreement CITY SECRETARY FT. WORTH, TX Page 8 of 12 Standard Licensee: M25 on the Rail, LLC a Texas limited liability company By: atiae: Troy Kunkel Title: MaLpager/, Date: j STATE OF TEXAS § COUNTY OF--Tav v „,kkt-_._... § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Troy Kunkel, Manager known to me to be the person whose name is subscribed to the foregoing instntment, and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed, as the act and deed of M25 on the Rail, LLC, a Texas limited liability company, and in the capacity therein stated GIVEN UNDER MY HAND AND SEAL OF OFFICE this t day of �AJ0VQ)1h PV1 , 2015 o Notary Public in and for the State of Texas Tier l ROW Encroachment Agreement 40aMACE Y UIfN9�iV ° CryryPuhi�,Stt®To (omm' of o► ion E�sira� irw,rss r06,2 o2a IS Page 9 of 12 Standard 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 Notary Public in and for the State of Texas Wendy Beardslee • My Co712812029 Xwrag Notary 10133237193 Tier I ROW Encroachment Agreement Page 10 of 12 Standard EXHIBIT A Depiction and description of the Encroachment Tier I ROW Encroachment Agreement Page l l of 12 Standard 19 tMMet Low Z Z' -712�.7ZZ.Z-N- T1 A L -:j z ;09.-yi ZONED PA922 lf-op�vff- ow.rm - - - - c-m- -N E-c -r- r-o--A- -&--rLti -m I I "LlICA META" Mia < W z -77 rj Pas rtn��u'Pavfl�Pt P E+loo+[-Ew- 15EA Mg� _ a � •.- 1<6L M. 1..Y24i/N' �.i' � - _ r B0.1P'UC7Jr11E 11 FET , �u MY FORT WCF"H, TEXAS 12 -C STANDIfY i bA�KITEY TOWN Iu L I HOMES SUE PLAN EXHIBIT > LL 143166y: -2 M M5 rUPI, R" MCFWD-hd� 1 MAD I o 21 :3 CITY FORT ViCRTK TEXAS IF STANLEY & CANTTEY —I OvvN u HOMES SITE PLAN EXHIOU i> u 0 BERRY 7H£ATER, LLC INST NO. D221187930-- D.R. T.C. T. 5` HYDERIORT-OF1WAYENCROACIl1YlENT1 1,91-7 .SQFI'OR o.o45ACRFS OFL4AD TkI B. 7 -UCKER.SURV1 7, ABSTRACT15.62 CITYOF- FORT NORTH,, TARZ4AT COUA77TEY9S I 0 40 80 I P OB L2-\ FROM WHICH A 112 GRAPHIC SCALE IN FEET C(RF FOUND BEARS' N00'28 POW 53. 13' I 3 o I I ' d PARCEL 1 FORT WI ORTH & WES7ERN� }� RAKRW COWPANY FTC- WL. 11115, PG. 286 (INST No. D 193128372) cl 5 0.PR.T.C.T. LINE TABLE LINE # BEARING LENGTH L1 N89°31'40°E 5.00, L2 S89"31'40"W 5.00' BrIC' 4FRSON.AVF. (FORMERLY CROXTON AVE (40' RIGI•IT-0E-WAI) oo CD co LIJ SOLadONS ROCK, LLC INST M. 0219057378 - O. PR. T.C.T I N rn 0 M/ETCHLINE zI AM LEGEND, POB POINT OF BMNNNG I POC POINT OF COMNONCING 4 IRF IRON ROD FOUND A425 ON THE RAIL. LLC Ndf 1. LEGAL DESCRIPTION OF EVEN DOTE A YEW LIMITED AOOOhPANES THIS EASEFE39T DRAWING. LL46 ITY COWANY INST Na 0224178541 2. BEARINGS REFERENCED TO THE TEXAS 0.P.R.T.aT. STATE PIANE COOROMAT£ SYSN K NORTH CENTRAL ZONE. NAD '113. ALL 1 DISTANCES ARE GROUND DISTANCES. l 5' WIDE RIGHT-OF-WAY ENCROACHMENT 1,971 SQUARE FEET OR 0.045 ACRES i 1 EX H I B IT 99 6" S'riffl 1 ENGINEERING qliBPELS ENGINEERING #F-11039. SURVEYING #10193890 SHEET 1 OF 3 LEGEND. POO POINT OF REGINtOW 5'U7DE. R16=10E- WA YENCROA (CHRfEAT-i POC POW OF COMMENCING 1, 9:, 7 50jr, T OR a o45 A ORES OFL A M IRF IRON ROD FOUND WB TLrCkERSURVEY, ABSMCTA662 C17YOFFORT WORTH, 0 40 80 T-4RRANT COUNT F-YAS A A T(--" L-1 I I " F-- FV I-) I FD IT " All GRAPHIC SCALE IN FEET WR 17 ml zo 4 CO BLOCK 1 LLI FRJSCO HEIGHTS IOLUAE 204--A. PAGE 96 PAT.C.T. wx LOT 6R, ROCK I FRfSCO HgOWS ADDITM W C48. B, 5L 1666 INSI: NO. 0199048157 CID O.P.R.TC.T. 2LUb.- law SHIELD ENGINEERING 1177BPELS ENGINEERING #F-11039, SURVEYING #10193890 0 EN k25 ON 771E RAIL, CLC c%j 00 E0 A IEX4S UAWED 00 C14 Li4BfV7Y COWANY 04 NVST NO. 0224178541 O.P.R.T.C.T. o CD c> 0 Z 5'WIDE RIGHT-OF-WAY \,—ENCROACHMENT 1,971 SQUARE FEET OR 0.045 ACRES CV w 2 3/8 ClRr STAUFD IMOES* 112 COY W CANTEY ST STAMPED 69 RIGHT-OF-WAY INST. No. DI 95054749 CODY WATSON RRLS. No. 7056 DATED: 10-31-2025 NOTES 1. LWAL DESCRIPTION OF EYEN DALE ACOOMPAMIS THIS EASEMENT DROANG. 2. EEARlNrS REFERMOM TO THE TEXkS STATE PLANE COORDWTE SYSTEM, NORTH CENTRAL ZONE. NAI) '83. All DISTANCES ARE GROUND DISTANCES � y p ..................... CODY WATSON ................... . `o 7056 - - u SHEET 2 OF 3 EXH1 B1 -T C,C/1 5' WIDERIGfIT--OF-WAYENCROACHMEWTj Is971 SQI~TOR o.o45ACRES0FL4ND W, A TUCKER S(IR ICY, A BSTRA C T- z562 =OFFOR T WORTH, TARRAAT COU=TEX 4S BEING A TRACT OF LAND SITUATED IN THE W.B. TUCKER SURVEY, ABSTRACT NUMBER 1562, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF STANLEY AVENUE (A VARIABLE WIDTH RIGHT OF WAY) AND NO RECORDING INFORMATION FOUND AND BEING MORE PARTICULARLY DESCRIBED BYMETESAND BOUNDS AS FOLLOWS. BEGINNING AT POINT FOR CORNER IN THE EAST RIGHT OF WAY LINE OF THE SAID STANLEY AVENUE AND BEING IN COMMON WITH THE WEST LINE OF A CERTAIN TRACT OF LAND AS DESCRIBED BY DEED TO M25 ON THE RAIL, L-C, A TEXAS LIMITED LIABILITY COMPANY AND RECORDED IN INSTRUMENT NO. D224178541, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS, (OPRTCT), FROM WHICH A 1/2-INCH CAPPED IRON ROD FOUND FOR THE NORTHWEST CORNER OF THE SAID M25 ON THE RAIL TRACT BEARS NORTH 00"28'20" WEST, A DISTANCE OF 53.13 FEET; THENCE SOUTH 00°28'20" EAST, WITH THE EAST RIGHT OF WAY LINE OF THE SAID STANLEY AVENUE AND BEI NG IN COMMON WITH THE WEST LINE OF TH E SAID M 2S ON THE RAIL TRACT, A DISTANCE OF 394.18 FEET TO A POINT FOR CORNER, FROM WHICH A 3/8-INCH CAPPED IRON ROD MARKED "LANDES" FOUND FOR THE SOUTHWEST CORNER OF THE SAID M25 ON THE RAIL TRACT BEARS SOUTH 00"28'20" EAST, A DISTANCE OF 127.67 FEET; THENCE OVER AND ACROSS SAID SrANLEYAVENUE, THE FOLLOWING COURSES AND DISTANCES: SOUTH 89°31'40" WEST, A DISTANCE OF 5.00 FEETTO A POINT FOR CORNER; NORTH 00°28'20" WEST, A DISTANCE OF 394.18 FEETTO A POINT FOR CORNER; NORTH 89°28'20" EAST, A DISTANCE OF 5.00 FEETTO THE POINT OF BEGINNING, AND CONTAINING 1,971 SQUARE FEET OR 0.045 ACRES OF LAND - NOTES, I. FASDA£NT DRAY/ING OF EVEN DATE ACCOMPANIES THIS LEGAL DESCHIPTDN- 2. BEARINGS RETERENCEO TO THE iE)WS STATE PLANE COORORCE SYSTEM, NORTH CENTRAL ZONE, NAD 'B3. ALL DISTANCES ARE GROUND DISTANCES. i t, " " I = } I -o-F Jt� tad. p C0DY WATSON ..................... x. < °po7056���.� CODY WATSON R.P.L.S. No. 7056 DATED: 10-31-2025 SHEET 3 OF 3 TBPELS ENGINEERING #F•11039, SURVEYING 410193890 D .L XHIE-� "A 11 LEGEND: POS PONT OF BEGNNING 5' ff=RICfyT-OF-W.4YENCROACHV=2 POC POINT OF COUMENIONG 261SOFT ORo.006AORES OFLAND IRF IRON ROD FOUND W B 7TUXTRSURVL ABSYRACTz562 0 40 80 MYOFIJRT WORTH, � �0-1 TARRANT Cirll;=TEXAS GRAPHIC SCALE IN FEET I I I! 3 1i �FROA# WCH A 1/2 C1RF N BEARS N 0078'20 N 491.54' ' 5' WIDE RIGHT-OF-WAY ENCROACHMENT LOT 6R, 261 SQUARE FEET R1SC0 NfiG1i75 lT70N FITSBLOCK ADD1 � t7 � cAe. a, sL. 1866 x OR 0.006 ACRES ,r MS7 NO. 0199048157 O.P. R.7: C.7: ,: ; .' :- '� N.L Gal o�PTION of DEN DATE I Q L�1 , F��r06 ` ACCOIBAHIES THIS EA -'EDAM DRAWVG. I - 2. 8 RINGS lUETENCED 10 THE TEXAS . • : •_ f• w V] STATE PIi+NE COORONGE MrE30. '83. ,� 3/8 COF A/25 ON 77 RAIL. ILC NORM CENTRAL_ ZONE, HAD ALL DISTANCES ARE GROUND 05TANOES. fD STAMPED A IFXAS LlW7ED a 1ANDE" LIABILITY COMPANY AST. f. D224178541 v A 0.P.R.T.C.T. LINE TABLE 2 CW CANTEY ST LINE # BEARING LENGTH — STAMPED 60' RfGHT-OF-WAY L1 � S89°3140'W 5.00' INST. No. DI95054749 O.P.R.T.C.T. L2 J N00°28.20-W 52.12' I r L3 N89"31'40"E 5.00' L4 i S00'28'20"E I 52.12' BEING A TRACT OF LAND SITUATED IN THE W.B. TUCKER SURVEY, ABSTRACT NUMBER 156Z CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF STANLEY AVENUE (A VARIABLE WIDTH RIGHT OF WAY) AND NO RECORDING INFORMATION FOUND AND BEING MORE PARTICULARLY DESCRIBED BY METESAND BOUNDS AS FOLLOWS: BEGINNING AT POINT FOR CORNER IN THE EAST RIGHT OF WAY LINE OF THE SAID STANLEY AVENUE AND BEING IN COMMON WITH THE WEST LINE OF A CERTAIN TRACT OF LAND AS DESCRIBED BYDEEDTO M25 ON THE RAIL, LLC, ATEXAS LIMITED LIABILITY COMPANY AND RECORDED IN INSTRUMENT NO. D224178541, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS, (OPRTCT), FROM WHICH A 3/8-INCH CAPPED IRON ROD MARKED "LANDES" FOUND FOR THE SOUTHWEST CORNER OF THE SAID M25 ON THE RAIL TRACT BEARS SOUTH 00°28'20" EAST, A DISTANCE OF 31.32 FEET; THENCE OVER AND ACROSS SAID STANLEY AVENUE, THE FOLLOWING COURSES AND DISTANCES: SOUTH 89"31'40" WEST, A DISTANCE OF 5.00 FEETTOA POINT FOR CORN ER; NORTH 00°28'20" WEST, A DISTANCEOF 52.12 FEET TO A POINT FOR CORNER; NORTH 89"28'20" EAST, A DISTANCE OF 5.00 FEET TO A POINT FOR CORNER IN THE EAST RIGHT OF WAY LINE OF THE SAID STANLEY AVENUE AND BEING IN COMMON WITH THE WEST LINE OF THE SAID M25 ON THE RAI L TRACT, FROM WHICH A 1/2-INCH CAPPED IRON ROD FOUND FOR THE NORTHWEST CORNEROFTHE SAID M25 ON THE RAIL TRACT BEARS NORTH 00°28'20" EAST, A DISTANCE OF 491.54 FEET; THENCE SOUTH 00°28'20" EAST, WITH THE EAST RIGHT OF WAY LINE OF THE SAID STANLEY AVENUE AND BEING IN COMMON WITH THE WEST LINE OF THE SAID M25 ON THE RAIL TRACT, A DISTANCE OF 52.12 FEET TO THE POINT OF BEGINNING, AND CONTAINING 261 SQUARE FEET OR 0.006 ACRES OF LAND_ ffm SHIELD ENGINEERING 1417TBPELS ENGINEE RING 4F-11039, SURV EYING #10193890 CODY WATSON R.P.L-S. No. 7056 DATED: 10-30-2025 CODY WATSON 'o,16 7056 V1, Tn WATfin -p­ FxArsjww7 ..... ..... Lot, I Al MA ...... eR FX.ITMVN A ..o 'A www"'a I rlus-110r fAmE 'Can, Tr i Li FXt_ —?n— U"M zill +ewR67 III Z IA* lY CrN F(W V"nH. TEXAS STANLEY & GANTEY TOWN w SECTION A -A HOMES TYPICAL FOR LOTS 1-3. BLOCK A AND LOTS 1-20.13LOC7< 13 PLAN & PRORLE EXHIBIT 6,;wa-1-5717 f PROPERTY FINE TYPE A- THIRD FLOOR_ t /&' =1'-0" PROPERTY LINE TYPE A- SECOND FLOOI /&I= 11-01, 3 PROPERTY LINE UP r AREA OF ENCROACHMENT 46 SF 1 TYPE A- FIRST FLOOR 2 AREA OF ENC ROACHMENT N co � IfIIEIII ENCROACHMENT TYPE A ). PARAPET,-& 83'- 4 314' �� 90F DE C - 80`- 2 1 /4" JOP PLATE 77- 7 1 /41 TOP PLATE 67'- 44"W--' TOP PLAT 57'- 0" LEVEL 1 48'-0" IUl TYPE A ENCROACHMENT t /&' = V-0, 1 901 S. PAN STF-IET FORT WORN. TX 76104 e intog�stu dioWw.co m STANLEY CANTEY TOWNHOUSES PROPERTY LINE a Imo"-- - ® AREA OF ENCROACHMENT: 69 SF 13- 10" TYPE B- THIRD FLOOR_ 1 /8,, = ,-o, PROPERTY LINE 4 AREA OF ENCROACHMENT -I 69 SF 13'-101, TYPE B- SECOND FLOOR PROPEF TYPE B- FIRST FLOOR 1 /8" = 1 '-0" AREA OF ENCROACHMENT CV a" �i wI zl �l Li as Ol o_ l l T.O. PARAPET -HIV 130' - 10" - 1 0! T.O. ROOF DECK 127' - 5 7/3" TOP PLATE Q� �., 124'-1 1 " ENCROACHMENT TYPE B TOP PLATE rk 1 14'-7 3/4" _ TOP PLATE 104'-3 3/4" i LEVEL 1 9 6'-0' TYPE B ENCROACHMENT 901 S_ MAIN STREET FORT WORTH, T% 76104 e:infos-studlo97w.com STANLEY CAN T EY TOWNHOUSES PROPERTY LINE " V AREA OF q ENCROACHMENT 46 SF 9' - 7 1 /2" TYPE C- THIRD FLOOR 1 /8" = 1 '-0" i PROPERTY LINE 00 AREA OF ENCROACHMENT 46 SF 9' - 7 114" TYPE C- SECOND FLOOR PROPERTY LkNE a I•7HENT AAROENCRO�:�,, _I,5 1Y-1 1/2" TYPE C- FIRST FLOOR 1 /8" = 1 '-0" w 901 $. MAIN STREET FOP.T WORTH. TX 76104 e'.InfO@stu4llo97w.com wI zl J }I 0.1 ni. AREA OF ENCROACHMENT ENCROACHMENT TYPE C STANLEY CANTEY TOWNHOUSES TOP PLAIEiflk 124'-11 " , TOP PLATE 114'-7 3/4" TOP PLATE 104'-3 3/4" LEVEL 1 96'-0" C ENCROACHMENT 1 /8" = 1'-0" 14 PROPER" 9' - 7 1 /2" ' TYPE D- THIRD FLOOR 1 /8" = 1 '-0" _ PROPERTY LINE �. AREA OF ENCROACHMENT I 00 46 SF 9' - 7 1 /4" TYPE D- SECOND FLOOR 1 /8" = 1'-0" PROPERTY LINE- a AREA OF C� ENCROACHMENT y jL=LV 50 S F 10'-2" TYPE D- FIRST FLOOR W� Z i _J �i Qi AREA OF ENCROACHMENT ENCROACHMENT TYPE D TOP PLATE 124'-11" TOP P! ATE 1 14'-7 3/4" TOP PLATErh 104'-3 3/4" LEVEL 1 96'-0'1 ENCROACHMENT 1 /8" = 1 '-0" f01 S. MAIN STREET -- FORT WORTH, TX 76104 elnfo*stualio97w.com STANLEY CANTEY TOWNHOUSES EXHIBIT B Certificate of Insurance Tier I ROW Encroachment Agreement Page 12of12 Standard FORT WORTHo -Tow- City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: M25 on the Railroad, LLC Subject of the Agreement: Right of Way Encroachment M&C Approved by the Council? * Yes ❑ No 8 If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 8 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No 8 If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 8 If only specific information is Confidential, please list what information is Confidential and the page it is located. Certificate of Insurance Effective Date: Date Director signs Expiration Date: 30 years from execution If different from the approval date. If applicable. Is a 1295 Form required? * Yes ❑ No 8 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 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 provided the contract will be returned to the department.