HomeMy WebLinkAbout064451 - General - Contract - Northwest Independent School District4 5N
Date Received: 12/11/2025 Record Namber. P
Time Received: 1:42 p.m. City Secretary No.: 64451
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
TIER u
THIS AGREEMENT is made and entered into by and between THE CITYOF
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 Northwest Independent School
District, a Texas independent school district ("Licensee"), acting by and through its duly
appointed superintendent.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 15201 Wagon
Train Trail, 76052 ("Properly'), being more particularly described as, Lot 1, Block 31,
of Madero, an addition to the City of Fort Worth, Denton County, Texas, as recorded in
Denton County Deed Records, by Instrument Number 2023-51106; and
WHEREAS, the City owns a water and three drainage easements (the •`Public
Property") adjacent to the property, dedicated to the City in easements filed in the
Denton County Deed Records as Instrument Numbers 2024-25034, 2025-75082, and
2024-26993. as depicted on the final plat of the property (FP-25-029), which plat is
recorded in the plat records of Denton County as Instrument Number 2025-337; and
WHEREAS, Licensee desires to construct, place, and maintain certain
improvements which will encroach in, on, above, or below the Public Property; and
WHEREAS, to accommodate the needs of the Licensee, the City will allow the
encroachment under the terms and conditions as set forth in this Agreement.
NOW, THEREFORE, the City and Licensee agree as follows:
AGREEMENT
1.
The City, in consideration of the payment by Licensee of the fee set out below
and covenants and agreements hereinafter contained to be kept and performed by
Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and
occupy a portion of the City's Public Property as described in and at the location shown
on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing,
installing, and maintaining private storm drains, a screen wall, and an omamental fence
Tier ll Easement Encroachment Agreement OFFICIAL RECORD page l of I
Revised CITY SECRETARY
FT. WORTH, TX
(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.
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
Tier II Easement Encroachment Agreement Page 2 of I t
Revised
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.
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.
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.
9.
TO THE EXTENT ALLOWED BY LAW AND WITHOUT WAIVING ITS
GOVERNMENTAL IMMUNITY, LICENSEE COVENANTS AND AGREES TO
'Fier II Easement Encroachment Agreement Page 3 of 11
Revised
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 FROM WHICH LICENSEE OR CITY IS NOT IMMUNE
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. TO THE EXTENT
ALLOWED BY LAW AND WITHOUT WAIVING ITS GOVERNMENTAL
IMMUNITY 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.
Ib.
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 I 1
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 othem,ise 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 11 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:
Dalton HarrelI (Dec 10, 202514:11-..,
D. J. Harrell
Director, Development Services Department
Date: 12/10/2025
ATTEST:
CityJannette
odall, �00¢ a�A�,Il���pp
Secretary
Approved As To Form and Legality
Hye Won Kim
Assistant City Attorney
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
Kandice Merrick
Development Services Manager
Tier II Easement Encroachment Agreement
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 7 of 11
Revised 12/2022
Licensee:
Northwest Independent School District
a Texas independent school district
By: 11604.. (. �64
Name: Dr. Mark Foust
Title: Superintendent �y.��c
Date: UIYIAJI/ 40l azx)
STATE OF -� Zy a� §
COUNTY OF_� Mb _ §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
—rag—, on this day personally appeared Dr. Mark Foust, Superintendent (Title)
known to me to be the person whose name is subscribed to the foregoing instrument. and
acknowledged to me that he or she executed the same for the purposes and consideration
therein expressed, as the act and deed of Northwest Independent School District, a
Texas independent school district (entity type), and in the capacity therein stated.
�, I �,/ jYil GIVEN UNDER MY HAND AND SEAL OF OFFICE this ISL day of
1 V vV f, 2025.
WI 1 11 6 1 01
`1
State of I irt and for the
, !v` .ENNIFERt:ABFN4q
'. M'/Hohty IDN108�630
EWseaAupnt&2029
Tier ❑ Easement Fi roachmer t Agreement Page g of 11
Revised
*"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 loth day of
December ,2025.
Notary Public in and for the State of Texas
«.,....
Tier tl 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
EXHIBIT "A"
"EASEMENT ENCROACHMENT"
BEING 954 square feet of land total in 7 parts, situated in the Matthew Ashton Survey,
Abstract No. 1, City of Fort Worth, Denton County, Texas, and being a portion of that certain
tract of land described in deed to the Northwest Independent School District (Northwest
I.S.D.), according to the deed filed in Instrument #2023-51106, Deed Records of Denton
County, Texas (D.R.D.C.T.); and being more particularly described by metes and bounds as
follows:
Part 1
BEING 860 square feet of land, situated in the Matthew Ashton Survey, Abstract No. 1, City
of Fort Worth, Denton County, Texas, and being a portion of that certain tract of land
described in deed to the Northwest Independent School District (Northwest I.S.D.),
according to the deed filed in Instrument #2023-51106, Deed Records of Denton County,
Texas (D.R.D.C.T.); and being more particularly described by metes and bounds as follows:
COMMENCING in the east line of said Northwest I.S.D. tract, also being in the west Right -
of -Way (R O-W) line of Wagon Train Trail (60' in width), according to the plat of Madero,
Phase 4, an addition to the City of Fort Worth, Denton County, Texas, as filed in Instrument
#2023-311, Plat Records of Denton County, Texas (P.R.D.C.T.), from which the northeast
corner of said Northwest I.S.D. tract, also being the northwest corner of R-O-W for said
Wagon Train Trail, and being in the south line of a tract of land described in deed to the
GBTM Sendera, LLC, according to the deed filed in Instrument #2020-I32253, D.R.D.C.T.,
bears N 00°20'22" W, a distance of 322.79 feet; and from which an "X" found cut in concrete
in the centerline of said Wagon Train Trail, bears N 89°39'38" E, a distance of 30.00 feet,
from which a PK nail found in the centerline of said Wagon Train Trail, bears N 00°20'22"
W, a distance of 181.06 feet;
THENCE over and across said Northwest I.S.D. tract, the following courses, and distances;
N 77'01' 19" W, a distance of 693.12 feet to a south end of a Drainage Easement, as
filed in Instrument #2024-25034, D.R.D.C.T., for the POINT OF BEGINNING of
the centerline of a 1.0 feet wide easement encroachment of the hereinafter described
tract of land;
N 00"19'41" W, passing over and across said easement, along the centerline of said
1.0 feet wide encroachment, a distance of 161.97 feet;
N 89°36' 18" E, continuing over and across said easement, along the centerline of
said 1.0 feet wide easement encroachment, at a distance of 423.95 feet passing a 1.0
feet wide segment of said encroachment, S 00°23'42" E, a distance of 24.47 feet to
a south line of said easement; and continuing N 89°36' 18" E, from the north end of
said segment, over and across said easement, a distance of 250.50 feet to end of said
Sheet 1 of 7
NWi 24382
encroachment, also being in the east line of said drainage easement, the cast line of
said Northwest LS.D. tract, and in the west R-O-W line of said Wagon Train Trail,
and containing 860 square feet of land.
Part 2
BEING 15 square feet of land, situated in the Matthew Ashton Survey, Abstract No. 1, City
of Fort Worth, Denton County, Texas. and being a portion of that certain tract of land
described in deed to the Northwest Independent School District (Northwest I.S.D.),
according to the deed filed in Instrument #2023-51106, Deed Records of Denton County,
Texas (D.R.D.C.T.); and being more particularly described by metes and bounds as follows:
COMMENCING in the east line of said Northwest I.S.D. tract, also being in the west Right -
of -Way (R-O-W) line of Wagon Train Trail (60' in width), according to the plat of Madero,
Phase 4, an addition to the City of Fort Worth, Denton County, Texas, as filed in Instrument
#2023-311, Plat Records of Denton County, Texas (P.R.D.C.T.), from which the northeast
corner of said Northwest I.S.D. tract, also being the northwest corner of R-O-W for said
Wagon Train Trail, and being in the south line of a tract of land described in deed to the
GBTM Sendera, LLC, according to the deed filed in Instrument 42020-132253, D.R.D.C.T.,
bears N 00°20'22" W, a distance of 322.79 feet; and from which an "X" found cut in concrete
in the centerline of said Wagon Train Trail, bears N 89°39'38" E, a distance of 30.00 feet,
from which a PK nail found in the centerline of said Wagon Train Trail, bears N 00°20'22"
W, a distance of 181.06 feet;
THENCE over and across said Northwest I.S.D. tract, the following courses, and distances;
S 24°50'55" W, a distance of 722.25 feet to the east line of a 15' Water Easement, as
filed in Instrument #2024-26993, D.R.D.C.T., for the POINT OF BEGINNING of
the centerline of a 1.0 feet wide easement encroachment of the hereinafter described
tract of land;
S 72°39'44" W, passing over and across said easement, along the centerline of said
1.0 feet wide encroachment, a distance of 15.00 feet to the west end of said easement
and said encroachment, and containing 15 square feet of land.
Part 3
BEING 15 square feet of land, situated in the Matthew Ashton Survey, Abstract No. 1, City
of Fort Worth, Denton County, Texas, and being a portion of that certain tract of land
described in deed to the Northwest Independent School District (Northwest I,S.D.),
according to the deed filed in Instrument #2023-51106, Deed Records of Denton County,
Texas (D.R.D.C.T.); and being more particularly described by metes and bounds as follows:
COMMENCING in the east line of said Northwest I.S.D. tract, also being in the west Right -
of -Way (R-O-W) line of Wagon Train Trail (60' in width), according to the plat of Madero,
Phase 4, an addition to the City of Fort Worth, Denton County, Texas, as filed in Instrument
#2023-311, Plat Records of Denton County, Texas (P.R.D.C.T.), from which the northeast
Sheet 2 of 7
NWI 24382
corner of said Northwest I.S.D. tract, also being the northwest corner of R-O-W for said
Wagon Train Trail, and being in the south line of a bract of land described in deed to the
GBTM Sendera, LLC, according to the deed filed in Instrument #2020-132253, D.R.D.C.T.,
bears N 00°20'22" W, a distance of 322.79 feet; and from which an "X" found cut in concrete
in the centerline of said Wagon Train Trail, bears N 89°39'38" E, a distance of 30.00 feet,
from which a PK nail found in the centerline of said Wagon Train Trail, bears N 00°20'22"
W, a distance of 181.06 feet;
THENCE over and across said Northwest I.S.D. tract, the following courses, and distances;
S 13°31'27" W, a distance of 623.44 feet to the east line of a 15' Drainage Easement,
as filed in Instrument #2025-75082, D.R.D.C.T., for the POINT OF BEGINNING
of the centerline of a 1.0 feet wide easement encroachment of the hereinafter
described tract of land;
S 72°39'44" W, passing over and across said easement, along the centerline of said
1.0 feet wide encroachment, a distance of 15.00 feet to the west end of said easement
and said encroachment, and containing 15 square feet of land.
Part 4
BEING 10 square feet of land, situated in the Matthew Ashton Survey, Abstract No. 1, City
of Fort Worth. Denton County, Texas, and being a portion of that certain tract of land
described in deed to the Northwest Independent School District (Northwest I.S.D.),
according to the deed filed in Instrument #2023-51106, Deed Records of Denton County,
Texas (D.R.D.C.T.); and being more particularly described by metes and bounds as follows:
COMMENCING in the east line of said Northwest LS.D. tract, also being in the west Right -
of -Way (R-O-W) line of Wagon Train Trail (60' in width), according to the plat of Madero,
Phase 4, an addition to the City of Fort Worth, Denton County, Texas, as filed in Instrument
#2023-311, Plat Records of Denton County, Texas (P.R.D.C.T.), from which the northeast
corner of said Northwest I.S.D. tract, also being the northwest corner of R-O-W for said
Wagon Train Trail, and being in the south line of a tract of land described in deed to the
GBTM Sendera, LLC, according to the deed filed in Instrument #2020-132253, D.R.D.C.T.,
bears N 00°20'22" W, a distance of 322.79 feet; and from which an "X" found cut in concrete
in the centerline of said Wagon Train Trail, bears N 89°39'38" E, a distance of 30.00 feet,
from which a PK naiI found in the centerline of said Wagon Train Trail, bears N 00°20'22"
W, a distance of 181.06 feet;
THENCE over and across said Northwest I.S.D. tract, the following courses, and distances;
S 15°36'23" W, a distance of 602.30 feet to the north line of a 15' Drainage
Easement, as filed in Instrument #2025-75082, D.R.D.C.T., for the POINT OF
BEGINNING of the centerline of a 2.0 feet wide easement encroachment of the
hereinafter described tract of land;
Sheet 3 of 7
NwI 24382
S 17°20'27" E, passing over and across said easement, along the centerline of said
2.0 feet wide encroachment, a distance of 5.00 feet to the south end of said
encroachment, and containing 10 square feet of land.
Part 5
BEING 8 square feet of land, situated in the Matthew Ashton Survey, Abstract No. 1, City
of Fort Worth, Denton County, Texas, and being a portion of that certain tract of land
described in deed to the Northwest Independent School District (Northwest I.S.D.),
according to the deed filed in Instrument #2023-51106, Deed Records of Denton County,
Texas (D.R.D.C.T.); and being more particularly described by metes and bounds as follows:
COMMENCING in the east line of said Northwest I.S.D. tract, also being in the west Right -
of -Way (R-O-W) line of Wagon Train Trail (60' in width), according to the plat of Madero,
Phase 4, an addition to the City of Fort Worth, Denton County, Texas, as filed in Instrument
#2023-311, Plat Records of Denton County, Texas (P.R.D.C.T.), from which the northeast
corner of said Northwest I.S.D. tract, also being the northwest corner of R-O-W for said
Wagon Train Trail, and being in the south line of a tract of land described in deed to the
GBTM Sendera, LLC, according to the deed filed in Instrument 92020-132253, D.R.D.C.T.,
bears N 00"20'22" W, a distance of 322.79 feet; and from which an "X" found cut in concrete
in the centerline of said Wagon Train Trail, bears N 89°39'38" E, a distance of 30.00 feet,
from which a PK nail found in the centerline of said Wagon Train Trail, bears N 00°20'22"
W, a distance of 181.06 feet;
THENCE over and across said Northwest I.S.D. tract, the following courses, and distances;
S 15°25'00" W, a distance of 610.02 feet to the west line of a 15' Drainage Easement,
as filed in Instrument #2025-75082, D.R.D.C.T., for the POINT OF BEGINNING
of the centerline of a 1.5 feet wide easement encroachment of the hereinafter
described tract of land;
N 64°55'22" E, passing over and across said easement, along the centerline of said
1.5 feet wide encroachment, a distance of 5.04 feet to the east end of said
encroachment, and containing 8 square feet of land.
Part 6
BEING 25 square feet of land, situated in the Matthew Ashton Survey, Abstract No. 1, City
of Fort Worth, Denton County, Texas, and being a portion of that certain tract of land
described in deed to the Northwest Independent School District (Northwest I.S.D.),
according to the deed filed in Instrument #2023-51106, Deed Records of Denton County,
Texas (D.R.D.C.T.); and being more particularly described by metes and bounds as follows:
COMMENCING in the east line of said Northwest I.S.D. tract, also being in the west Right -
of -Way (R-O-W) line of Wagon Train Trail (60' in width), according to the plat of Madero,
Phase 4, an addition to the City of Fort Worth, Denton County, Texas, as filed in Instrument
#2023-311, Plat Records of Denton County, Texas (P.R.D.C.T.), from which the northeast
Sheet 4 of 7
NWI 24382
corner of said Northwest I.S.D. tract, also being the northwest corner of R-O-W for said
Wagon Train Trail, and being in the south line of a tract of land described in deed to the
GBTM Sendera, LLC, according to the deed filed in Instrument #2020-132253, D.R.D.C.T.,
bears N 00°20'22" W, a distance of 322.79 feet; and from which an "X" found cut in concrete
in the centerline of said Wagon Train Trail, bears N 89°39'38" E, a distance of 30.00 feet,
from which a PK nail found in the centerline of said Wagon Train Trail, bears N 00°20'22"
W, a distance of 181.06 feet;
THENCE over and across said Northwest I.S.D. tract, the following courses, and distances;
S 07°56'03" E, passing over and across a Storm Water Facility Maintenance
Agreement, as filed in Instrument #2023-4284, D.R.D.C.T., a distance of 500.05 feet
to the POINT OF BEGINNING of the centerline of a 2.5 feet wide easement
encroachment of the hereinafter described tract of land;
S 44'00' 19" E, continuing over and across said easement, along the centerline of said
2.5 feet wide encroachment, a distance of 10.07 feet to the southeast end of said
encroachment, and containing 25 square feet of land.
Part 7
BEING 2I square feet of land, situated in the Matthew Ashton Survey, Abstract No. 1, City
of Fort Worth, Denton County, Texas, and being a portion of that certain tract of land
described in deed to the Northwest Independent School District (Northwest I.S.D.),
according to the deed filed in Instrument #2023-51106, Deed Records of Denton County,
Texas (D.R.D.C.T.); and being more particularly described by metes and bounds as follows:
COMMENCING in the east line of said Northwest I.S.D. tract, also being in the west Right -
of -Way (R-O-W) line of Wagon Train Trail (60' in width), according to the plat of Madero,
Phase 4, an addition to the City of Fort Worth, Denton County, Texas, as filed in Instrument
#2023-311, Plat Records of Denton County, Texas (P.R.D.C.T.), from which the northeast
corner of said Northwest I.S.D. tract, also being the northwest corner of R-O-W for said
Wagon Train Trail, and being in the south line of a tract of land described in deed to the
GBTM Sendera, LLC. according to the deed filed in Instrument #2020-132253, D.R.D.C.T.,
bears N 00120'22" W, a distance of322.79 feet; and from which an "X" found cut in concrete
in the centerline of said Wagon Train Trail, bears N 89°39'38" E, a distance of 30.00 feet,
from which a PK nail found in the centerline of said Wagon Train Trail, bears N 00°20'22"
W, a distance of 181.06 feet;
THENCE over and across said Northwest I.S.D. tract, the following courses, and distances;
N 07°23'44" W, passing over and across a Storm Water Facility Maintenance
Agreement, as filed in Instrument #2023-4284, D.R.D.C.T., also passing over and
across a Drainage Easement, as filed in Instrument #2024-25034, D.R.D.C.T., a
distance of 280.29 feet to the POINT OF BEGINNING of the centerline of a 2.0
feet wide easement encroachment of the hereinafter described tract of land;
Sheet 5 of 7
NM 24382
S 84e46' 18" W, continuing over and across said Stone Water Facility Maintenance
Agreement and said Drainage Easement, along the centerline of said 2.0 feet wide
encroachment, a distance of 10.57 feet to the west end of said encroachment, also
being a west line of said Drainage Easement, and containing 21 square feet of land.
Th
2025
W Sms, R..L�
Texas Registration No. 5 7
Surveyed on the ground March 27, 2025
1. Bearings of lines shown hereon refer to Grid North of the Texas Coordinate System of 1g83
(North Central Zone; NAD83(2011) 2010.00) as derived locally from Aftena Central's
Continuously Operating Reference Stations (CORS) via Real Time K'mematic (RTK) methods.
An average Combination Factor of 1.00012 was used to scale grid coordinates and distances to
surface.
2. Integral parts of this survey:
a Legal Description
b. Sketch
Shen 6 of
TM'f 24382
Ca7ai SEMENA 11G 06T. 2D20-132253. D-XaaT.
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Teague Hall & Perkins
4A, tnp 5237 N. Ri.erride Drive, Suite 100
Fort Worrh• Tezaa 76137
817.336.5773 ph 817.336.2913 fx
TBPE Regislmrlon No. F-230
www.lnpinc.com
City of Fort Worih, Texas
mP proled
Improvements for
HUC24383
N15D - ES No. 24
sheet
EXHIBIT EPROFILE -FENCE CROSSING #2
of
WATER EASEMENT ENCROACHMENT
15
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AR.D.C.T.
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D.R.D.0 T.
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EXHIBIT B
Certificate of Insurance
Tier II Easement Encroachment Agreement Page I I of 11
Revised
FORT WORTH.
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: Northwest Independent School District
Subject of the Agreement: Tier II Water, Sewer, and Drainage Encroachment
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.