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HomeMy WebLinkAbout064449 - General - Contract - Carter Park East Phase 1, L.L.C.Date Received: 12/11/2025 Record Number: PN24-00218 1:36 p.m. 64449 Time Received: City Secretary No.: PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER II THIS AGREEMENT is made and entered into by and between THE CITY OF FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"), acting by and through its duly authorized City Manager, Assistant City Manager, or Director of the Development Services Department, and Carter Park East Phase 1, L.L.C., a Delaware limited liability company ("Licensee"), acting by and through its duly authorized Senior Vice President. RECITALS WHEREAS, Licensee is the owner of the real property located at 7200 Legacy Drive, Fort Worth, Texas 76140 ("Property"), being more particularly described as Lot I IR1, Block A, of Carter Park East, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Instrument Number D221275595 of the Official Records of Tarrant County, Texas; and WHEREAS, the City owns a 40' water easement and a sanitary sewer easement (the "Public Property") on to the Property, dedicated by plat, depicted on the final plat of the property (FS-24-084), which plat is recorded in the plat records of Tarrant County as Instrument D224145681; 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 Tier II Easement Encroachment Agreement Revised OFFICIAL RECORD CITY SECRETARY Page 1 of 11 FT. WORTH, TX maintaining a private chain link fence and underground conduit with electrical lines (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within the Public Property. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on the Public Property beyond what is specifically described in Exhibit "A." 2. All construction, installation, maintenance, and operation of the Encroachment and the use or occupancy of the Public Property shall comply with and be performed in strict compliance with this Agreement and with the charter, ordinances, codes, and policies of the City. Prior to the construction or installation of the Encroachment, Licensee shall submit all plans and specifications to the Director of the Development Services Department or duly authorized representative. Licensee shall not commence construction or installation of the Encroachment nor make any use of the Public Property until after the execution of this Agreement. 3. Licensee, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or future utilities affected by such Encroachment and the use and occupancy of the Public Property, including the securing the approval and consent of the appropriate utility companies and agencies of the State of Texas and its political subdivisions. In the event that any installation, reinstallation, relocation, or repair of any existing or future utility or improvements owned by or constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance, or existence of the Encroachment and use of Public Property, Licensee shall pay to City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department, or their duly authorized representative. 4. Licensee agrees that City may enter and utilize the Public Property at any time for any public purpose, including installing, repairing, replacing, or maintaining improvements to its public facilities or utilities necessary for the health, safety, and welfare of the public. The City shall have no responsibility or liability for any damages related to the Encroachment resulting from the City's use of the Public Property; however, the City shall make reasonable efforts to minimize such damage. 5. Upon termination of this Agreement, Licensee shall, at the option of and at no expense to the City, remove the Encroachment and restore the Public Property to a condition acceptable to the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department or their duly Tier II Easement Encroachment Agreement Page 2 of 11 Revised 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 following the notice and cure provisions described herein. City shall notify Licensee in writing of any such noncompliance and if Licensee does not cure the noncompliance within thirty (30) days of notice from City, the City may terminate this Agreement. However, the City may, at its sole option, allow the Agreement to remain in effect so long as Licensee has taken reasonable measures to cure the noncompliance or is continuing to diligently attempt to remedy the noncompliance. 8. It is further understood and agreed between the parties hereto that the Public Property to be used and encroached upon is held by City as trustee for the public; that City exercises such powers over the Public Property as have been delegated to it by the Constitution of the State of Texas or by the Texas Legislature; and that City cannot contract away its duty and its legislative power to control the Public Property for the use and benefit of the public. It is accordingly agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the Public Property to be used for any other public purpose, including but not being limited to underground, surface, or overhead communication, drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not, that the parties agree to negotiate in good faith in order to accommodate both the Encroachment and the public purpose. Tier II Easement Encroachment Agreement Page 3 of 11 Revised 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 HIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES. 10. While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance naming City as certificate holder as proof that is has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and described in Exhibit "A." The amounts of such insurance shall be not less than $1,000,000 with the understanding and agreement by Licensee that such insurance amounts may be revised upward at City's option and that Licensee shall so revise such amounts immediately following notice to Licensee of such requirement. Such insurance policy shall not be canceled or amended without at least thirty (30) days prior written notice to the Building Official of the City. A copy of such Certificate of Insurance is attached as Exhibit "B" and incorporated herein for all purposes. Licensee agrees, binds, and obligates itself and its successors and assigns to maintain and keep in force such public liability insurance at all times during the term of this Agreement and until the removal of the Encroachment and restoration of the Public Property. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. Tier II Easement Encroachment Agreement Page 4 of 11 Revised 11. Licensee agrees to deposit with the City when this Agreement is executed a sufficient sum of money to be used to pay necessary fees to record this Agreement in the real property records of the county in which the Encroachment is located. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. 12. Licensee agrees to comply fully with all applicable federal, state, and local laws, statutes, ordinances, codes, and regulations in connection with the construction, operation, and maintenance of the Encroachment and use of the Public Property. 13. Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for by this Agreement or by any federal, state, or local statute, law, or regulation. 14. Licensee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant, or employee of City, and Licensee shall have exclusive control of and the exclusive right to control the details of its operations, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. The doctrine of respondeat superior shall not apply as between City and Licensee, its officers, agents, servants, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Licensee. 15. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain, and locate the Encroachment over or within the Public Property and is not a conveyance of any right, title, or interest in or to the Public Property, nor is it meant to convey any right to use or occupy property in which a third - party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. 16. In any action brought by the City for the enforcement of the obligations of the Licensee, City shall be entitled to recover interest and reasonable attorneys' fees. Tier II Easement Encroachment Agreement Page 5 of 11 Revised 17. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. 18. Licensee covenants and agrees that it will not assign all or any of its rights, privileges, or duties under this Agreement without the written approval of the City, and any attempted assignment without such written approval shall be void. In the event Licensee conveys the Property, Licensee may assign all of its rights and obligations under this Agreement to the new owner of the Property, and Licensee shall be deemed released from its duties and obligations hereunder upon City's approval in writing of such assignment, which approval shall not be unreasonably conditioned or withheld. Foreclosure by a secured lender of Licensee or assignment to a secured lender by Licensee in the event of default or otherwise shall not require City approval provided that said lender notifies City in writing within sixty (60) days of such foreclosure or assignment and assumes all of Licensee's rights and obligations hereunder. However, no change of ownership due to foreclosure or assignment to any secured lender of Licensee shall be effective as to City unless and until written notice of such foreclosure or assignment is provided to City. 19. Prior to the end of the term of this Agreement, Licensee may submit a new encroachment application to the City. The City will not unreasonably withhold or delay approval of such application provided that the Encroachment follows the then current City codes and compliance. 20. Any cause of action for breach of this Agreement shall be brought in Tarrant County, Texas. This Agreement shall be governed by the laws of the State of Texas. 21. This Agreement shall be binding upon the parties hereto and their successors and assigns. 22. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. [SIGNATURES APPEAR ON FOLLOWING PAGE] Tier II Easement Encroachment Agreement Page 6 of 11 Revised EXECUTED to be effective on the date signed by the City's Director of Development Services Department. City: CITY OF FORT WORTH By: ZplMx Iiarrell D. J. Harrell Director, Development Services Department Date: 12/10/2025 ATTEST: s-�Fewrnn Jannette Goodall, City Secretary Approved As To Form and Legality HyeWort Mra 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. M Randice Merrick Development Services Manager OFFICIAL RECORD Tier II Easement Encroachment Agreement CITY SECRETARY Page7of11 Revised FT. WORTH, TX Licensee: CARTER PARK EAST PHASE 1, L.L.C., a Delaware limited liability company By: Name: Courtney Phelps Title: Senior Vice President Date: % 3 1 ZCV5 STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Courtney Phelps, Senior Vice President known to me to be the person whose time 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 Carter Park East Phase 1, L.L.C., a Delaware limited liability company, and in the capacity therein stated. IVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2025. U lG l CHEYENNE OENDY NolaW Public in and f&J6 Notary la E133193eJ State of Texas My commission ExpiDecember 13. 303 Tier It Easement Encroachment Agreement Page 8 of]] Revised 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 IDth day of December 2025 yt/Ur�r4 Notary Public in and for the State of Texas Wendy Beardslee �• My Commission expires 712812029 ission Notary ID133237193 Tier Il Easement Encroachment Agreement Page 9 of 11 Revised EXHIBIT A Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page 10 of 11 Revised BRONCO U Mill ': ►��E - e ® �:.... _ �r _om �sv gloom .00gg LOCATION MAP MAPSCO#106A COUNCIL DISTRICT #8 SIEMENS - PROJECT BRONCO CITY PROJECT NUMBER: 102807 > FORT WORTH, TEXAS a DECEMBER2024 10 OWNEFUDEVELOPER CARTER PARK EAST LAND, LLC 3B19 MAPLE AVENUE DALLAS. TX 75219 CONTACT: MATTHEW E. COLTER KlTiley»)HuTi LEGAL DESCRIPTION EASEMENT ENCROACHMENT BEING a 0.0194 acre (800 square foot) tract of land (TRACT 1), a 0.0194 acre (800 square foot) tract of land (TRACT 2), a 0.0194 acre (800 square foot) tract of land (TRACT 3), a 0.0194 acre (800 square foot) tract of land (TRACT 4) and a 0.0015 acre (63 square foot) tract of land (TRACT 5) situated in the Shelby County School Land Survey, Tract 3 and 12- Abstract No. 1375, City of Fort Worth, Tarrant County, Texas; said tracts being part of Lot 11R1, Block A, Carter Park East, an addition to the City of Fort Worth according to the plat recorded in Instrument No. D224145681 of the Official Public Records of Tarrant County, Texas; said tracts also being part of that tract of land described in Special Warranty Deed to Carter Park East Phase 1, L.L.C. recorded in Instrument No. D221275595 of said Official Public Records; said tracts being more particularly described as follows: TRACT COMMENCING at a 5/8-inch iron rod with cap stamped "KHA" found at the northerly northeast corner of Block A; THENCE South 89a30' 35" West, along the north line of said Lot 11 R2, a distance of 169.60 to a mag nail stamped "KHA" found at the northeast comer of said Lot 11 R1; THENCE South 00029'25" West, along the east line of said Lot 11 R1, a distance of 188.75 feet to a point in the north line of a 40' water and sanitary sewer easement dedicated by the plat of Carter Park East, an addition to the City of Fort North according to the plat recorded in Instrument No. D221089352 of said Official Public Records; THENCE South 89030'35" West, departing the said east line of Lot 11R1 and along the north line of said 40' water and sanitary sewer easement, a distance of 17.00 feet to the POINT OF BEGINNING; THENCE South 00029'25" East, departing the said north Fine of the 40' water and sanitary sewer easement, a distance of 40.00 feet to a point for comer in the south line of said 40' water and sanitary sewer easement; THENCE South 89"30'35" West, along the said south line of the 40' water and sanitary sewer easement, a distance of 20.00 feet to a point for corner, THENCE North 00029'25" West departing the said south line of the 40' water and sanitary sewer easement, a distance of 40.00 feet to a point for corner in the north line of the said 49 water and sanitary sewer easement; THENCE North 89"30'35" East along the said north line of the 40' water and sanitary sewer easement, a distance of 20.00 feet to the POINT OF BEGINNING and containing 800 square feet or 0.0184 acres of land, more or less. EASEMENT ENCROACHMENT PART OF LOT 11 R1, BLOCK A CARTER PARK EAST SHELBY CO. SCHOOL LAND SURVEY TRACT 3 - ABSTRACT NO. 1375 CITY OF FORT WORTH, Kimley»> Horn Fo�crMmauaa wn n.rl]pl Horn 3s 11 ww Tw 76+v ARN9 a "O w.m.r.m GP1 �Wa I DIM PJ ONtl WA CC MCH 1MV 5 wlI ct N167 TRACT 2 COMMENCING at the southwest corner of the above described "TRACT 1"; said point also being in the south line of the said 40' water and sanitary sewer easement; THENCE South 89'30'35" West, along the said south line of the 40' water and sanitary sewer easement, a distance of 128.62 feet to the POINT OF BEGINNING; THENCE South 89°30'35" West, along the said south line of the 40' water and sanitary sewer easement, a distance of 20.00 feet to a point for corner; THENCE North 00°29'25" West, departing the said south line of the 40' water and sanitary sewer easement, a distance of 40.00 feet to a point for corner in the north line of the said 40' water and sanitary sewer easement; THENCE North 89°30'35" East, along the said north line of the 40' water and sanitary sewer easement, a distance of 40.00 feet to a point for corner in the south line of said 40' water and sanitary sewer easement; THENCE South 00°29'25" East, departing the said north line of the 40' water and sanitary sewer easement, a distance of 20.00 feet to the POINT OF BEGINNING and containing 800 square feet or 0.0184 acres of land, more or less. TRACT 3 COMMENCING at the southwest corner of the above described "TRACT 2"; said point also being in the south line of the said 40' water and sanitary sewer easement; THENCE South 89°30'35" West, along the said south line of the 40' water and sanitary sewer easement, a distance of 432.10 feet to the POINT OF BEGINNING; THENCE South 89°30'35" West, along the said south line of the 40' water and sanitary sewer easement, a distance of 20.00 feet to a point for corner; THENCE North 00029'25" West, departing the said south line of the 40' water and sanitary sewer easement, a distance of 40.00 feet to a point for corner in the north line of the said 40' water and sanitary sewer easement; THENCE North 89°30'35" East, along the said north line of the 40' water and sanitary sewer easement, a distance of 40.00 feet to a point for corner in the south line of said 40' water and sanitary sewer easement; THENCE South 00°29'25" East, departing the said north line of the 40' water and sanitary sewer easement, a distance of 20.00 feet to the POINT OF BEGINNING and containing 800 square feet or 0.0184 acres of land, more or less. EASEMENT ENCROACHMENT PART OF LOT 11 R1, BLOCK A CARTER PARK EAST SHELBY CO. SCHOOL LAND SURVEY TRACT 3 - ABSTRACT NO. 1375 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS 1(imlev*Horn 801 CherryS1 R 1300 1 Tel. No. (817) 335-6511 Fort Worth, Texas 76102 FIRM # 10194040 %w .kimley-hom.com Scale I Drawn by I Checked Gy Date Pr ect Na I Sheet No. N/A CDP MCB 1/1412025 061298201 2 OF 7 PADILLA, CAE LAN 1/14/2025 1:30 PM K1FTW_S U RVEY1061298201-CARTER PARK EAST PHASE IIIDWG%EXHIB1TS1461298201 CARTER PARK EAST PHASE II_LOT 11 R1_ENCROACHMENTS.DWG TRACT 4 COMMENCING at the southwest corner of the above described "TRACT 3"; said point also being in the south line of the said 40' water and sanitary sewer easement; THENCE South 89°30'35" West, along the said south line of the 40' water and sanitary sewer easement, a distance of 492.53 feet to the POINT OF BEGINNING; THENCE South 89°30'35" West, along the said south line of the 40' water and sanitary sewer easement, a distance of 20.00 feet to a point for corner; THENCE North 00°29'25" West, departing the said south line of the 40' water and sanitary sewer easement, a distance of 40.00 feet to a point for corner in the north line of the said 40' water and sanitary sewer easement; THENCE North 89°30'35" East, along the said north line of the 40' water and sanitary sewer easement, a distance of 40.00 feet to a point for corner in the south line of said 40' water and sanitary sewer easement; THENCE South 00°29'25" East, departing the said north line of the 40' water and sanitary sewer easement, a distance of 20.00 feet to the POINT OF BEGINNING and containing 800 square feet or 0.0184 acres of land, more or less. TRACTS COMMENCING at a mag nail stamped "KHA" found at the southeast corner of Lot 8, Block A of said Carter Park East; said point also being in the north line of said Lot 11 R1; THENCE South 89°30'35" West, along the said north line of Lot 11 R1, a distance of 85.36 feet to a point; THENCE South 00°29'25" West, departing the said north line of Lot 11 R1, a distance of 26.15 feet to the POINT OF BEGINNING; said point being in the south line of a 15' water easement dedicated by said Carter Park East; THENCE South 00'29'25" East, along the said south line of the 15' water easement, a distance of 6.35 feet to a point for corner; THENCE South 89°30'35" West, continuing along the said south line of the 15' water easement, a distance of 10.00 feet to a point for corner; EASEMENT ENCROACHMENT PART OF LOT 11 R1, BLOCK A CARTER PARK EAST SHELBY CO. SCHOOL LAND SURVEY TRACT 3 - ABSTRACT NO. 1375 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS PADILLA, CAELAN 1/1412025 1 30 PM K.1PTV / SURVE M61298201-CARTER PARK EAST 11 Rt ENCROACHMENTS.DWG THENCE North 00"29'25" West, continuing along the said south line of the 15' water easement, a distance of 8.35 feet to a point for comer; THENCE North 89'30'36' East, departing the said south line of the 16 water easement, a distance of 10.00 feet to the POINT OF BEGINNING and containing 63 square feet or 0.0015 acres of land, more or less. NOTES Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202) with an applied combined scale factor of 1.00012. A metes & bounds description of even survey date herewith accompanies this survey plat The undersigned, Registered Professional Land Surveyor, hereby certifies that this plat of survey accurately sets out the metes and bounds of the encroachment tracts. MICHAEL C. BILLINGSLEY REGISTERED PROFESSIONAL *' LAND SURVEYOR NO.6558 tMICHAEL CLEO BI 801 CHERRY STREET, UNIT 11 SUITE 1300 ! '• '90 FORT WORTH, TEXAS 78102 9�;•.•FEBSI PH. 817-335-6511 D S Il R' EASEMENTENCROACHMENT PART OF LOT 11 R1, BLOCK A CARTER PARK EAST SHELBY CO. SCHOOL LAND SURVEY TRACT 3 - ABSTRACT NO. 1375 CITY OF FORT WORTH, Kimley>>> HTorn „ m1a "vN'u 1�t.»1300 Fe K Tm 781@ nRM 0IM9 �i NIP I Cro I MM I ima I WIM M LEGEND P.O.B. = POINT OF BEGINNWG P.O.C. = POINT OF COMMENDING MNS=MAG NAILW 10W SET IRFC = IRON ROD WICAP FOUND LOT 9, BLOCK A m CARTER PARK EAST < n (INST. NO. D221089352) V Y m IRsc m d 0.JaI� _ 589'30'35"W 1fiB.60 _ /_� P.WT1) MNFI I 1--L OitI— LOT 11R1, BLOCK A CARTER PARK EAST (INST. NO. D224145681) TRACT 1 1 CARTER PARK EAST PHASE 1, L.L.C. f0' (INST. NO. 13221275595) P.O.B. w TRACT 2 W 0.0184 ACRES TRACT 1 I' 800 SQ. FT. 0.0184 ACRES 800 SQ. FT. LU I- L8 rL�u rn T a Z J J J DWOlFAsesexT (MS INST. NOO@21pB9!$) J ' — 539'99'35'W 128.82 Lfi ' P.O.B. P.O.C. C G 011 C 2) n TL P.O.C. 1 jIRACT 3) Sfl9'3V36"W 03210' NOTES I LOT 11R2, BLOCK CARTER PARK EAST (INST. NO. D224145681) µ TRACTI n CARTER PARK EAST PHASE I, L.L.C. / �$ (INST. NO. D2212T5595) / --------- u— / 71 / / 1 NORTH 31 K !C�J 1 Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202) With an applied combined scale factor of 1.00012. A metes 8 bounds description of even survey date herewith accompanies this survey plat The undersigned, Registered Professional Land Surveyor, hereby certifies that this plat of survey accurately sets out the metes and bounds of the encroachment tracts. MICHAEL C. BILLINGSLEY A REGISTERED PROFESSIONAL ! .... i LAND SURVEYOR NO. 6558 fMICHAEL CLEO BI 801 CHERRY STREET, """""' UNIT 11 SUITE 1300 '•. .0 6558 FORT WORTH, TEXAS 76102 �'✓�;��FESS1 PH. 817-335-6511 8 U TO michael. billi ngsley@kimley-hom.com EASEMENT ENCROACHMENT PART OF LOT 11R1, BLOCK CARTER PARK EAST SHELBY CO. SCHOOL LAND SURVEY TRACT 3 - ABSTRACT NO. 1375 CITY OF FORT WORTH, rn i� I cro I Nce I v1u s I adlaa m P.O.B. = POINT OF BEGINNING P.O.C.= POINT OF COMMENCING MNS = MAG NAIL WPKHX SET NORTH IRFC =IRON ROD W/CAP FOUND D 30 00 m Icsu mmn LOT 11 Ri, BLOCK ' TRACT 3 CARTER PARK EAST (INST. NO. D224145681) ' F 0.0184 ACRES TRACT ul Q I 800 SQ. FT. CARTER PARK EAST ' 2 PHASE 1, L.L.C. W W L12 (INST. NO. 02217/5585) W Z' ' J---------- —_ _ ----- U) _ 4D wATeRAM ' W F' ' j m SMOMV 4N£R FASEMEM Z Q J (MST. X(lX41MR15]) -A_ 539'30'95^M 692SA' L10 MVW36W d32.10' U P.O.C. P.O.B. Q ' ITRAai4) (TACT 3) I G G F � I < C LOT 11R1, BLOCKA L) Y o CARTER PARK EAST I , N (INST. NO. D224145681) <am m I O I F TRACT 1 I CARTER PARK EAST ' Q O I_J m PHASE 1, LLC. _ Z (INST. NO. D221275585) LI1 1 Z Lib -- - m wnTeRX0 (J MOXRARY SEN£R FASE NT J J (IX8T. XQ Dnlffl i) Q L — — I — — — — � 14 se5°3a35w aBz.s3• P.O.B. , (TACT 4) TRACT 4 0.0184 ACRES 800 SO. FT. EASEMENT ENCROACHMENT PART OF LOT 11 R1, BLOCK A CARTER PARK EAST SHELBY CO. SCHOOL LAND SURVEY TRACT 3 - ABSTRACT NO. 1375 CITY OF FORT WORTH, Kimley*Hor °v°a;lve`m, T= AiImI..Immx.lolMoo .....Xn..� Ew 1 =60 tlP MLB 1/MR@5 1 wni l NORTH I I- MNj Q G rn Y LL 0� VY" O p'N r—� I maw 31WHIC WXE INFEET I LOT 8, BLOCK o+W Ci LEGEND I I CARTER PARK EAST I p ¢ (INST. NO. D221088352) � ¢ w P.O.B.=POINT OF BEGINNING I I QZ P.O.C.= POINT OF COMMENCING MNS= MAG NAIL Wf'MA'SET I NNE IRFC=IRON ROD WlC PFOU NO _ _ I_ _ I SBff3035w 85.35 — — — — � I I I I I P.O.C. --� L------- ---------------- �90°2925"E 19 WATER EASEMEM I P.O.B. nxsr. xa oaimsssn L21 ---------------- ----------------- O L18 13WATEREA Iff omw No, o lm ) LOT 11 RI, BLOCK L19 CARTER PARK EAST (INST. NO. D224145681) TRACTS TRACT 1 0.0015 ACRES CARTER PARK EAST 63 SO. FT. PHASE 1, L.L.C. ONST. NO. D221275595) LINE TABLE LINE TABLE NO. BEARING LENGTH NO. BEARING LENGTH L1 S89'30'35'W 17.09 L12 N89639WE 2089 L2 M029'26E 40.00' L13 S00'2925"E 4089 L3 SBV393YW 20.09 L14 S69'3935'W 2089 L4 N00029151N 40.09 L15 N00°2925'W 40.09 LS N89'3935"E 2089 L16 N8939351E 20.09 LIS MW3935W 20.00' L17 S092925'E 40.09 L7 N0929TYW 40.09 L18 SDO°2925'E 6.35' IB N89°3935"E 20.09 L19 SB9.3935"W 10.09 L9 S00°2925 E 40.09 L20 N0002925'W 6.35' L10 S89'39351N 2089 L21 N893935"E 10.09 Lll N00'2925'W 40.09 EASEMENT ENCROACHMENT PART OF LOT 11 R1, BLOCK A CARTER PARK EAST SHELBY CO. SCHOOL LAND SURVEY TRACT 3 - ABSTRACT NO. 1375 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS Kimlev>>)Horn COP `I �EXISTINGUTIUTIES — PREVIOUSLY PERMITTED I � I I I I I I I1 1_ � I � I I ENCROACHMENT AGREEMENT#1AND- ------ ---- FENCE EXISTING 8" <1 I' SEWER LINE II EXISTING 40' I 1 } SEWER EASEMENT 1I — o� a�SS �ka �3q 6 ENCROACHMENT allIBF F C SHEET OF3 u SIEMENS - PROJECT BRONCO FORT WORTH, TEXAS '3Q DECEMBER 2024 INN (INST.NO. 0221089352) ------------ EXISTING 15'J' WATER EASEMENT.—._.._..__ AGREEMENT#2AND— - -. FENCE/_ _______________. -��EN I-� 4T- T --__ -------------------�� I .k NORTH GRAPHIC SCALE IN FEET 0 20 40 80 Kimley»)Horn :`gip Mw 5174�11 ....,....«...�..1 m �.m� Y S lui�*iw oullen / ------------------ 0+00 ENCROACHMENT —� AGREEMENT#3 AND — — UNDERGROUND ---' ELECTRIC r n.dGpYy" Y �'1 - i�. Cb jc:A' ,•t..• ._ 'F'rLe ` .:' ...' •�- � - EXISTING UTILITIES PREVIOUSLY PERMITTED _ ------------ —_—___ l two I i i EXISTING 8" _t SEWER LINE------ tl EXISTING40' SEWER EASEMENT E V 1 - - - - —_ -- LOT 11, BLOCK A CARTER PARK EAST I I T 11/ I f 4 agg 3g"s NORTH ENCROACHMENT EXHIBIT 03 5 SHEET OF 3u� SIEMENS - PROJECT BRONCO GRAPHIC SCALE IN FEET Kimley>»Horn FORT WORTH, TEXAS 0 20 40 80 WICK .IALII 'y�P� DECEMBER 2024 ��� nraa.en R ag ENCROACHMENT EXHIBR SHEET 3OF3 C 3` SIEMENS - PROJECT BRONCO 6B3§ FORT WORTH, TEXAS DECEMBER 2024 BE 2fi NORTH GRAPHIC SCALE IN FEET 0 20 40 80 "I I Kimley»)Horn FH gE.g r� E�L PROFILE 1 [gym 685 685 PROPOSE 680 CE 680 ):OGRADEADE F XI6TING 675 675 PROPOSE FENCE FOOTING 670 670 665 665 S•s 1 CROSSING 660 STAB 50s2 660 FL(SSB. W ELEVATION EXHIBIT SHEET 1 OF2 SIEMENS FORT WORTH, TEXAS DECEMBER M24 0+00 1+00 - PROJECT BRONCO PROFILE 2 [gym m 685 685 POSED FENCE 660 660 €XLsnNc FIRE NYORANT 675 675 POSED GRADE ROFOSEO FENCE 670 FOOTING I 670 EXISTING r WATERLINE 665 665 660 660 0+00 1+00 Kimley»)Horn imw.mrxx,m e b QQk PROFILE 3 680 680 675 675 EXISTING GRADE I U ERGROUND 670 ELECTRIC 670 665 m 665 660 !! - wa:_ 660 Exiq ING B. PVC' ® aQ% 655 —" 655 is 650 650 PROFILE 4 EXISTING 675 GRADE 675 670 UND ROUND 670 UEGM 3C 665 665 1 c1 660 660 snNGe rvc I�- -, EXISM CTPVC ® 0.400A 655 655 650 650 F645 Y aaa LL d d 645 -0+25 0+00 1+00 -0+25 0+00 ELEVATION EXHIBIT SHEET 2 OF 2 SIEMENS - PROJECT BRONCO FORT NORTH, TEXAS DECEMBER M24 PROFILE 5 L�7 680 680 PROPOSED %ISTING FENCE GRADE 675 675 PROPOSED FENCE FOOTING 670 670 665 665 660 660 ERI$1y46' PVC�.IDOS- 655 655 650 650 1+00 0+00 1+00 Kimley>»Horn un EXHIBIT B Certificate of Insurance Tier II Easement Encroachment Agreement Page 11 of 11 Revised FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Carter Park East Phase 1, L.L.0 Subject of the Agreement: Tier II Easement Encroachment PN24-00177 M&C Approved by the Council? * Yes ❑ No If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No If unsure, see backpage for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No ® Ifonly speck 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 diereni from the approval date. If applicable. Is a 1295 Form required? * Yes ❑ No *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 ® 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.