HomeMy WebLinkAbout064473 - General - Contract - Fort Worth Residences, LLCDate Received: 12/16/2025
Time Received: 4:43 p.m.
Record Number: PN25-00189
City Secretary No.:
64473
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 Fort Worth Residences, LLC, a
Delaware limited liability company ("Licensee"), acting by and through its duly
authorized representative.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 3320 Hemphill
Street, Fort Worth, Texas 76110 ("Property"), being more particularly described as, Lot
1-R, Block 2, of Our Lady of Victory Heights Addition, an addition to the City of Fort
Worth, Tarrant County, Texas, as recorded in Deed Records, by Instrument Number
D225040894; and
WHEREAS, the City owns a right of way (the "Public Property") adjacent to the
Property, dedicated by plat, depicted on the final plat of the property (FS-25-046), which
plat is recorded in the plat records of Tarrant County as Instrument D225038454; 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
Standard
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 1 of 12
Updated 2024
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 a private stairs, stoops and ramps (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
Tier I ROW Encroachment Agreement
Page 2 of 12
Standard Updated 2024
Encroachment resulting from the City's use of the Public Property; however, the City shall
make reasonable efforts to minimize such damage.
5.
Upon termination of this Agreement, Licensee shall, at the option of and at no
expense to the City, remove the Encroachment and restore the Public Property to a
condition acceptable to the Director of Transportation and Public Works, the Director of
the Water Department, the Director of the Development Services Department or their duly
authorized representative. Any such removal of the Encroachment shall be in accordance
with then -existing City regulations and policies. It is understood and agreed to by Licensee
that if this Agreement terminates and Licensee fails to remove the Encroachment and
restore the Public Property, Licensee hereby gives City permission to remove the
Encroachment and any supporting structures from the Public Property, to restore the Public
Property, and to assess a lien on the Property for the costs expended by the City in taking
such actions.
6.
Licensee has applied for, and the City has certified the Property as part of a
Neighborhood Empowerment Zone (NEZ) under Project Certification NZ25-00582 in
NEZ Area Six. In accordance with the NEZ Basic Incentives and Tax Abatement Policy,
which was approved by the NEZ, Licensee is eligible for a waiver of all Application Permit
related fees and therefore, the application fee for this Agreement has been waived.
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
Tier I ROW Encroachment Agreement
Page 3 of 12
Standard Updated 2024
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.
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
Tier I ROW Encroachment Agreement
Page 4 of 12
Standard Updated 2024
Official of the City. A copy of such Certificate of Insurance is attached as Exhibit `B"
and incorporated herein for all purposes. Licensee agrees, binds, and obligates itself and
its successors and assigns to maintain and keep in force such public liability insurance at
all times during the term of this Agreement and until the removal of the Encroachment and
restoration of the Public Property. All insurance coverage required herein shall include
coverage of all Licensee's contractors and subcontractors.
11.
Licensee agrees to deposit with the City when this Agreement is executed a
sufficient sum of money to be used to pay necessary fees to record this Agreement in the
real property records of the county in which the Encroachment is located. After being
recorded, the original shall be returned to the City Secretary of the City of Fort Worth.
12.
Licensee agrees to comply fully with all applicable federal, state, and local laws,
statutes, ordinances, codes, and regulations in connection with the construction, operation,
and maintenance of the Encroachment and use of the Public Property.
13.
Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for
by this Agreement or by any federal, state, or local statute, law, or regulation.
14.
Licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as an officer, agent,
servant, or employee of City, and Licensee shall have exclusive control of and the exclusive
right to control the details of its operations, and all persons performing same, and shall be
solely responsible for the acts and omissions of its officers, agents, servants, employees,
contractors, subcontractors, licensees, and invitees. The doctrine of respondeat superior
shall not apply as between City and Licensee, its officers, agents, servants, employees,
contractors, and subcontractors, and nothing herein shall be construed as creating a
partnership or joint enterprise between City and Licensee.
15.
Licensee agrees and acknowledges that this Agreement is solely for the purpose of
permitting Licensee to construct, maintain, and locate the Encroachment over or within the
Public Property and is not a conveyance of any right, title, or interest in or to the Public
Property, nor is it meant to convey any right to use or occupy property in which a third -
party may have an interest. Licensee agrees that it will obtain all necessary permissions
before occupying such property.
Tier I ROW Encroachment Agreement
Page 5 of 12
Standard Updated 2024
16.
In any action brought by the City for the enforcement of the obligations of the
Licensee, City shall be entitled to recover interest and reasonable attorneys' fees.
17.
The parties agree that the duties and obligations contained in Section 5 shall survive
the termination of this Agreement.
18.
Licensee covenants and agrees that it will not assign all or any of its rights,
privileges, or duties under this Agreement without the written approval of the City, and
any attempted assignment without such written approval shall be void. In the event
Licensee conveys the Property, Licensee may assign all of its rights and obligations under
this Agreement to the new owner of the Property, and Licensee shall be deemed released
from its duties and obligations hereunder upon City's approval in writing of such
assignment, which approval shall not be unreasonably conditioned or withheld.
Foreclosure by a secured lender of Licensee or assignment to a secured lender by Licensee
in the event of default or otherwise shall not require City approval provided that said lender
notifies City in writing within sixty (60) days 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.
Tier I ROW Encroachment Agreement
Standard
Page 6 of 12
Updated 2024
22.
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Tier I ROW Encroachment Agreement
Standard
Page 7 of 12
Updated 2024
EXECUTED to be effective on the date signed by the City's Director of Development
Services Department
City:
CITY OF FORT WORTH
alibi, HpYI U
Dd d , •n.5m5M MCB
D. J. Harrell
Director, Development Services Department
Date: 12/15/2025
ATTEST:
Foer°°�yoa
a p»8 om�o�
oCe o
$ d
Janette Goodall,'^
City Secretary Q44n4g�4
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 tlris contract, including ensuring all performance
and reporting requirements.
n�
Kandice Merrick
Contract Compliance Manager
OFFICIAL RECORD
Tier ROW Encroachment Agreement CITY SECRETARY
Page 8 of 12
Standard FT. WORTH, TX Updated 2024
Licensee:
Fort Worth Residences, LLC
a Delaware limited liability company
By:
Name: Michael Ramsey
Title: Manager
Date: K// ZV
STATE OFAI*6"4.§
COUNTY OF Yeoia.Lan §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
.Q�abauea , on this day personally appeared Michael Ramsey, Manager
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 Fort Worth Residences, LLC, a Delaware
limited liability company, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _Lay of
TJ_e _JLI 20 2 !;' .
otary Public in and for the
State oI bA mcL ,
Tier I ROW Encroachment Agreement
Standard
Notary Publie, Alabam
. Stete al large
Carolinea Walker
IIII ExPires9/3 / 0 2029
Page 9 of 12
Updated 2024
**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 Nils day personally appeared D.J. Harrell, ]mown 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 15th day of
December 12025
-� �•.attaae•.
Notary Public in and for the State of Texas
Tier I ROW Encroachment Agreement
Standard
Page 10 of 12
Updated 2024
EXHIBIT A
Depiction and description of the Encroachment
Tier I ROW Encroachment Agreement
Standard
Page 11 of 12
Updated 2024
ME
IMMIN
In
A.:
Im
1-gill
VICINITY MAP - HEMPHILL MULTIFAMILY
N.T.S.
CITY PROJECT NO. 104749
MAPSCO NO.
TAR-90 D
COUNCIL DISTRICT 9
LEGAL DESCRIPTION
BEING a 1,125 square foot (0.0258 acre) tract of land situated in the Lydia Jane Warwick Survey, Abstract No. 1663,
City of Fort Worth, Tarrant County, Texas, and being part of West Shaw Street, a 60-foot right-of-way, shown on the
plat of Porter's Heights recorded in Volume 63, Page 96, Plat Records, Tarrant County, Texas, and being more
particularly described as follows:
COMMENCING at a "+" cut found at the northeast corner of Lot 1-R, Block 2, Our Lady of Victory Heights, an addition
to the City of Fort Worth according to the plat recorded in Instrument No. D225038454, Official Public Records,
Tarrant County, Texas, and being at the intersection of the west right-of-way line of Hemphill Street, an 80-foot
right-of-way, and the south right-of-way line of said West Shaw Street;
THENCE South 89°35'04" West, along the said south right-of-way line, and along the north line of said Lot 1-R,
a distance of 28.54 feet to the POINT OF BEGINNING;
THENCE South 89°35'04" West, continuing along the said south right-of-way line, and along the said north line, a
distance of 125.03 feet to a point for corner, from which an "+" cut found at the northernmost northwest corner of said
Lot 1-R bears South 89°35'04" West, a distance of 97.90 feet;
THENCE North 00°00'00" East, departing said south right-of-way line, and the said north line, a distance of 9.29 feet
to a point for corner;
THENCE North 89°51'23" East, a distance of 125.00 feet to a point for corner;
THENCE South 00'11'19" East, a distance of 8.70 feet to the POINT OF BEGINNING and containing 1,125 square
feet or 0.0258 acres of land, more or less.
NOTES
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202). A
survey plat of even survey date herewith accompanies this metes and bounds description.
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately
sets out the metes and bounds of the encroachment tract.
JOSHUA D. WARGO
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 6391
801 CHERRY STREET,
UNIT 11 SUITE 1300
FORT WORTH, TEXAS 76102
PH. 817-335-6511
josh.wargo@kimley-horn.com
y:' e- W •':N C
..................................
JOSHUA D. WARGO
6391 �.•:
�q 0•:Es•s:o�G�.*0Q"
�, SURv
ENCROACHMENT AGREEMENT
LYDIA JANE WARWCK SURVEY
ABSTRACT No. 1663
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
LEGEND
P.O.C. = POINT OF COMMENCING
P.O.B. = POINT OF BEGINNING
IRF = IRON ROD FOUND
xF = •+• CUT FOUND
WEST SHAW STREET
(Afi 00TRIGHT-OF-WAY)
0.0258 ACRES
11125 SO. FT.
LOT 1-K BLOCK2 P.O. B.
OUR LADY OF VICTORY HEIGHTS
INST. NO. D225038454
OWNER:
FORT WORTH RESIDENCES, LLC
INST. NO. D22&X0894
NOTES
P.O.C.
LINE TABLE
no.
Se G
LQN•TI
Lr
sacesaw
znsa
L2
MO°mWE
93Y
L3
9N%1%4E
61tl
La
sao°asaw
orm
A
r
r
U)
1=Jm
Il
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202). A
metes and bounds description of even survey date herewith accompanies this survey plat
The undersigned, Registered Professional Land Surveyor, hereby cerdfles that this survey plat accurately sets out
the metes and bounds of the encroachment tract.
ENCROACHMENT AGREEMENT
LYDIA JANE WARWCK SURVEY
OF
zo ABSTRACT Na. 1663
JOSHUA D. WARGO y/e� o L CITY OF FORT WORTH
REGISTERED PROFESSIONAL --- •-••-- TARRANT COUNTY, TEXAS
LAND SURVEYOR NO. 6391 JOSHUA D. WARGO
UNIT 11 SUITE
STREET, <6391Iey >HornUNR 11 SUITE 1300 oo �/FORT WORTH, TEXAS 76102 �p510mmora. x>len &IPH. 817-335-6511`°°'"'r®rnm
LEGAL DESCRIPTION
BEING a 1,041 square foot (0.0239 acre) tract of land situated in the Lydia Jane Warwick Survey, Abstract No. 1663,
City of Fort Worth, Tarrant County, Texas, and being part of Woodland Ave, a 60-foot right-of-way, shown on the plat
of Our Lady of Victory Heights recorded in Volume 1019, Page 473, Plat Records, Tarrant County, Texas, and being
more particularly described as follows:
COMMENCING at a 1/2-inch iron rod found at the southeast corner of Lot 1-R, Block 2, Our Lady of Victory Heights,
an addition to the City of Fort Worth according to the plat recorded in Instrument No. D225038484, Official Public
Records, Tarrant County, Texas, and being at the intersection of the north right-of-way line of said Woodland Avenue,
and the west right-of-way line of Hemphill Street, an 80-foot right-of-way, from which an "+" cut found at the northeast
corner of said Lot 1-R bears North 0°24'44" West, a distance of 982.77 feet;
THENCE South 89'35'11" West, along the south line of said Lot 1-R, and along the said north right-of-way line,
a distance of 237.40 feet to the POINT OF BEGINNING;
THENCE South 00°00'00" East, departing the said south line, and the said north right-of-way line, a distance of 4.50
feet to a point for corner;
THENCE South 89'35'11" West, a distance of 231.31 feet to a point for corner;
THENCE North 00°00'00" East, a distance of 4.50 feet to a point for corner in the said south line of Lot 1-R, and
being in the said north right-of-way line of Woodland Avenue;
THENCE North 89'35'11" East, along said south line, and along said north right-of-way line, a distance of 231.31 feet
to the POINT OF BEGINNING and containing 1,041 square feet or 0.0239 acres of land, more or less.
NOTES
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202). A
survey plat of even survey date herewith accompanies this metes and bounds description.
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately
sets out the metes and bounds of the encroachment tract.
Az /,/ , -
JOSHUA D. WARGO
ESSIONAL
LAND SURVEYOR NO. 6391
801 CHERRY STREET,
UNIT 11 SUITE 1300
FORT WORTH, TEXAS 76102
PH. 817-335-6511
josh.wargo@kimley-horn.com
----------- ......................
JOSHUA D. WARGO
6391 �.•:
�q 0•:Es•s:o�G�.*0Q"
�, SURv
ENCROACHMENT AGREEMENT
LYDIA JANE WARWCK SURVEY
ABSTRACT No. 1663
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
LEGEND
P.O.C. = POINT OF COMMENCING
P.O.B. = POINT OF BEGINNING
IRF =IRON ROD FOUND
XF='+ CUT FOUND
WEST SHAW STREET
(A 60-FOOT RIGHT-OF-WAY)
LOT 1-R, BLOCK 2
OUR LADY OF VICTORY HEIGHTS
INST. NO. D225038454
LINE TABLE
N1
9E G
1E4:ml
L1
3N° E
4w
l2
NW'NWE
4w
OWNER
I
FORT WORTH RESIDENCES, LLC
NO. IMSUI8390
IINST.
I
0.0239 ACRES
=
rlZ
1,o4i SQ. Fr.
P
m
N89°35'11"E 231.31'
O.B.
ryjl 9 7w11M 237Z
wl S89°3511"W 231.31'
= P
mI WOODLAND AVE
VOL 1019. PG 4M
(A WFOOT RIGHT-0OF
NOTES
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202). A
metes and bounds description of even survey data herewith accompanies this survey plat
The undersigned, Registered Professional Land Surveyor, hereby cerfifies that this survey plat accurately sets out
the metes and bounds of the encroachment tract.
ENCROACHMENTAGREEMENT
y� LYDIA JANE WARWCK SURVEY
eo1OTERe ABSTRACT No. 1663
osHUA D. wARGo y o- o CITY OF FORT WORTH
L-----^- ------ TARRANT COUNTY, TEXAS
LAND SURVEYOR NO. 6391 JOSHUA D. WARGO
801 CHERRY STREET, o �6391 �mley `>Horn
UNR 11 SUITE 1300 ! qo a" �/
10
FORT WORTH, TEXAS 76102 �AS3510
UR� m1 cn.,Nsn.n u°x u,aiwo ra. NMr7 ss&-
PH. 817-335-6511 E°"Yb"N.T®mm HRM"imuao """""d"m'
LEGEND
rypRTM P.O.C.= POINT OF COMMENCING
P.O.B. = POINT OF BEGINNING
IRF =IRON ROD FOUND
p 15 W XF='+'CUT FOUND
cwa'PIc8t1� NttFr
LCT 1-R, BLOCK 2
OUR LADY OF VICTORY HEIGHTS
INST. NO. D225038454
A
x
OWNER: 0.0239 ACRES
FORT WORTH RESIDENCES, LLC Z
INST. NO. D225010B91 1,041 SQ. FT. m
Im
N89035'11"E 231.311 m
2
S89°35'11"W 231.31' m
WOODLAND AVE IN
VGL 10% PG M
(A BpFGGT RIG HTUF-WA'ry
I
I
ENCROACHMENT AGREEMENT
LYDIA JANE WARWCK SURVEY
ABSTRACT No. 1663
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
M1Kml=y*Horn
>7Y 11
FmY T®NIQ FPAICIMMMO wwYJ,MgAnmm
e e � pmMnxn 3B
r-3a ouo �rnv llu m aMMMM 3W3
DMIIMMOMQOl31MVMIIM Al2PMK.'ilW_8UfHEYbMMMMMV ffi1ER80F8T NNRYOW(MH19131b561ENSOF 3T IMRY_ENG. W
LEGAL DESCRIPTION
BEING a 550 square foot (0.0126 acre) tract of land situated in the Lydia Jane Warwick Survey, Abstract No. 1663,
City of Fort Worth, Tarrant County, Texas, and being part of Woodland Ave, a 60-foot right-of-way, shown on the plat
of Our Lady of Victory Heights recorded in Volume 1019, Page 473, Plat Records, Tarrant County, Texas, and being
more particularly described as follows:
COMMENCING at the southwest corner of Lot 1-R, Block 2, Our Lady of Victory Heights, an addition to the City of
Fort Worth according to the plat recorded in Instrument No. D225038484, Official Public Records, Tarrant County,
Texas, and being at the intersection of the east right-of-way line of College Avenue, a 55-foot right-of-way, and the
north right-of-way line of said Woodland Avenue, from which a 1/2-inch iron rod with cap stamped "BRITTAIN &
CRAWFORD" found at the westernmost northwest corner of said Lot 1-R bears North 00°26'52" West, a distance of
416.00 feet;
THENCE North 89'35'11" East, along the south line of said Lot 1-R, and along the said north right-of-way line, a
distance of 24.23 feet to the POINT OF BEGINNING;
THENCE North 89'35'11" East, continuing along the said south line, and along the said north right-of-way line, a
distance of 122.07 feet to a point for corner, from which a 1/2-inch iron rod found at the southeast corner of said Lot
1-R bears North 89'35'11" East, a distance of 814.89 feet;
THENCE South 00°00'00" East, departing the said south line, and the said north right-of-way line, a distance of 4.51
feet to a point for corner;
THENCE South 89'35'11" West, a distance of 122.07 feet to a point for corner;
THENCE North 00°00'00" East, a distance of 4.51 feet to the POINT OF BEGINNING and containing 550 square feet
or 0.0126 acres of land, more or less.
NOTES
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202). A
survey plat of even survey date herewith accompanies this metes and bounds description.
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately
sets out the metes and bounds of the encroachment tract.
vc,-
/JOSHUA D. WARGO
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 6391
801 CHERRY STREET,
UNIT 11 SUITE 1300
FORT WORTH, TEXAS 76102
PH. 817-335-6511
josh.wargo@kimley-horn.com
......................... ........
JOSHUA D. WARGO
6391 �.•:
�q 0•:Es•s:o�G�.*0Q"
�, SURv
ENCROACHMENT AGREEMENT
LYDIA JANE WARWCK SURVEY
ABSTRACT No. 1663
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
NORTH
4 15 1E
LOT 2-R, BLOCK 2
OUR LADY OF VICTORY cwancscnu=H MU
HEIGHTS
I INST. NO. D225038454
LEGEND
P.O.C. = POINT OF COMMENCING
112" IRFC P.O.B. =POINT OF BEGINNING
'BRITTAIN 8 CRAWFORD' IRFC =IRON ROD WICAP FOUND
IRF = IRON ROD FOUND
LOT 1-R, BLOCK 2
OUR LADY OF VICTORY HEIGHTS
INST. NO. D225038454 =
I zM
n 0 o OWNER:
N o FORT WORTH RESIDENCES, LLC=
0 a INST. NO. D225NME14 a
pm ry I�r
m I� P.O.B.07
Ig
OO
D I o 0.0126 ACRES ? fM
IT j 550 SQ. FT. 112•IRF
N89035'11"E 122,07' _ N89-35'11'E
814.89
L3 S89035'11"W 122.07' L2
P.O.C. WOODLAND AVE
VOL. 1019, PG. 4n
(A 50-FOOT RIGH -OF-WAY)
NOTES
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202). A
metes and bounds description of even survey date herewith accompanies this survey plat
The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey plat accurately sets out
the metes and bounds of the encroachment tract.
ENCROACHMENT AGREEMENT
/ LYDIA JANE WARWCK SURVEY
OF (✓ P,� GISTCa ABSTRACT No. 1663
JOSHUA D. WARGO y e� Fo P CITY OF FORT WORTH
T EGISTERED PROFESSIONAL »•» •»•»••»»• »••»••»»» TARRANT COUNTY, TEXAS
LAND SURVEYOR NO. 6391 JOSH UA D. WARGO
801 CHERRY STREET, T4O 63910 --- Kimley `>Horn
UNIT 11 SUITE 1300 ( T �/
FORT WORTH, TEXAS 76102 9ti U5%o O So,Chem&MLUnw#13 Ta.No.IenI333es11
PH. 817-335-6511 FuhV M.T®s761@ rwnaloleaaao ww.NmkyNn.mm
osh.wa o Itimle-horn.com s a awwae �, h`N0
1 r9 Q Y -an omo eow nuvmis re W4 2CF2
UNE TABLE
Naw
LEGAL DESCRIPTION
BEING a 607 square foot (0.0139 acre) tract of land situated in the Lydia Jane Warwick Survey, Abstract No. 1663,
City of Fort Worth, Tarrant County, Texas, and being part of College Avenue, a 55-foot right-of-way, shown on the
plat of Our Lady of Victory Heights recorded in Volume 388-205, Page 16, Plat Records, Tarrant County, Texas, and
being more particularly described as follows:
COMMENCING at the southwest corner of Lot 1-R, Block 2, Our Lady of Victory Heights, an addition to the City of
Fort Worth according to the plat recorded in Instrument No. D225038484, Official Public Records, Tarrant County,
Texas, and being at the intersection of the east right-of-way line of said College Avenue, and the north right-of-way
line of Woodland Avenue, a 60-foot right-of-way, from which a 1/2-inch iron rod found at the southeast corner of said
Lot 1-R bears North 89'35'11" East, a distance of 961.19 feet;
THENCE North 00°26'52" West, along the west line of said Lot 1-R, and along the said east right-of-way line, a
distance of 47.87 feet to the POINT OF BEGINNING;
THENCE South 89°33'08" West departing the said west line, and the said east right-of-way line, a distance of 7.33
feet to a point for corner;
THENCE North 00°21'38" West, a distance of 54.96 feet to a point for corner;
THENCE North 89°34'08" East, a distance of 3.96 feet to a point for corner;
THENCE North 00°25'52" West, a distance of 63.22 feet to a point for corner;
THENCE North 89'35'11" East, a distance of 3.27 feet to a point for corner in the aforementioned east right-of-way
line of College Avenue, and the west line of said Lot 1-R, from which a 1/2-inch iron rod with cap stamped "BRITTAIN
& CRAWFORD" found at the westernmost northwest corner of said Lot 1-R bears North 00°26'52" West, a distance
of 249.96 feet;
THENCE South 00°26'52" East, along the said east right-of-way line, and along the said west line, a distance of
118.17 feet to the POINT OF BEGINNING and containing 607 square feet or 0.0139 acres of land, more or less.
NOTES
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202). A
survey plat of even survey date herewith accompanies this metes and bounds description.
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately
sets out the metes and bounds of the encroachment tract.
V, m
JOSHUA D. WARGO
REGISIEREUPROFESSION L
LAND SURVEYOR NO. 6391
801 CHERRY STREET,
UNIT 11 SUITE 1300
FORT WORTH, TEXAS 76102
PH. 817-335-6511
josh.wargo@kimley-horn.com
----------- ......................
JOSHUA D. WARGO
6391 �.•:
�q 0•:Es•s:o�G�.*0Q"
�, SURv
ENCROACHMENT AGREEMENT
LYDIA JANE WARWCK SURVEY
ABSTRACT No. 1663
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
0 15 w
GW➢HCaI'LLENRMT
LEGEND
P.O.G =POINT OF COMMENCING
P.O.B. =POINT OF BEGINNING
IRF = IRON ROD FOUND
XF ='+ CUT FOUND
LINE
TABLE
j 0
5^ O
TO r
Sr
^
y VM
b
s
am
xo.
eaawc
�NCTx
L,
aP%33VSN
T33'
L2
NPB'NtlB£
3Ba'
L3
NM°b'SYW
ai1Y
La
Nmasv,f
azr
u
rm•a•sew
zaam•
NOTES
Bearing system based on the Texas Coordinate
System of 1983 (2011 adjustment), North Central
Zone (4202). A metes and bounds description of
even survey dale herewith accompanies this
survey plat
The undersigned, Registered Professional Land
Surveyor, hereby certifies that this survey plat
accurately sets out the metes and bounds of the
encroachment tract.
0
D. W
LAND SURVEYOR NO.6391
801 CHERRY STREET,
UNIT 11 SUITE 1300
FORT WORTH, TEXAS 76102
PH. 817-335-6511
LOT 242, BLOCK 2
OUR LADY OF VICTORY
HEIGHTS
INST. NO. D225038454
12 IRFC
0.0139 ACRES
607 S4 FT.
P.O.B.
gm
LOT 1-R BLOCK 2
OUR LADY OF VICTORY HEIGHTS
g =
INST. NO. D225038454
y r
'r
OWNER
I
FORT WORTH RESIDENCES, LLC
b
nl INST. NO. D225000993 F
" 3m
ITI
=I P.O.C.
I� N89°35'11"E 981.19'
JOSHUA D. WARGO
WOODLAND AVE
V 1019,MAIM 12 IRF
(A 90FOOT RIGHT-0 WAY)
ENCROACHMENT AGREEMENT
LYDIA JANE WARWCK SURVEY
ABSTRACT No. 1663
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
LEGAL DESCRIPTION
BEING a 120 square foot (0.0028 acre) tract of land situated in the Lydia Jane Warwick Survey, Abstract No. 1663,
City of Fort Worth, Tarrant County, Texas, and being part of Woodland Ave, a 60-foot right-of-way, shown on the plat
of Our Lady of Victory Heights recorded in Volume 1019, Page 473, Plat Records, Tarrant County, Texas, and being
more particularly described as follows:
COMMENCING at a 1/2-inch iron rod found at the southeast corner of Lot 1-R, Block 2, Our Lady of Victory Heights,
an addition to the City of Fort Worth according to the plat recorded in Instrument No. D225038454, Official Public
Records, Tarrant County, Texas, and being at the intersection of the north right-of-way line of said Woodland Avenue,
and the west right-of-way line of Hemphill Street, an 80-foot right-of-way, from which an "+" cut found at the northeast
corner of said Lot 1-R bears North 0°24'44" West, a distance of 982.77 feet;
THENCE South 89'35'11" West, along the said north right-of-way line, and along the south line of said Lot 1-R, a
distance of 711.27 feet to the POINT OF BEGINNING;
THENCE South 00°00'00" East, departing the said north right-of-way line, and the said south line, a distance of 12.04
feet to a point for corner;
THENCE North 90°00'00" West, a distance of 10.00 feet to a point for corner;
THENCE North 00°00'00" East, a distance of 11.96 feet to a point for corner in the said north right-of-way line of
Woodland Ave, and being in the said south line of Lot 1-R;
THENCE North 89°35'11" East, along the said north right-of-way line, and along the said south line, a distance of
10.00 feet to the POINT OF BEGINNING and containing 120 square feet or 0.0028 acres of land, more or less.
NOTES
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202). A
survey plat of even survey date herewith accompanies this metes and bounds description.
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately
sets out the metes and bounds of the encroachment tract.
,60SHUA D. WARGO"
REGISIEREUPROFESSION L
LAND SURVEYOR NO. 6391
801 CHERRY STREET,
UNIT 11 SUITE 1300
FORT WORTH, TEXAS 76102
PH. 817-335-6511
josh.wargo@kimley-horn.com
JOSHUA D. WARGO
A 6391
,Alti ESSX°
ENCROACHMENT AGREEMENT
LYDIA JANE WARWCK SURVEY
ABSTRACT No. 1663
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
0 10 p
G ICS Nr T
LEGEND
P.O.C. = POINT OF COMMENCING
P.O.B. = POINT OF BEGINNING
IRFC=IRON ROD WICAP FOUND
xF=•+•CUT POUND
LINE TABLE
Na
eEwwNc
LwGm
LI
�°WCG£
12W
LZ
nw°mww
yam
L3
N]0'WW£
11.E
L4
N3C35Y 1'E
1AW
WEST SHAW STREET XF
IA B 00T RIGHT-0E-WAY)
LOT 1-R, BLOCK 2
OUR LADY OF VICTORY HEIGHTS
INST. NO. D225038454
OWNER'
FORT WORTH RESIDENCES, LLC
INST. NO. =50M890
0.0028 ACRES P.O.B.
120 SCL FT.
L4 sas°as'11rov
71127' —
J
J
L2 P
WOODLAND AVE
VOL. 1019, PG. as
(A8 FOOTRIGHr-O -WAY)
NOTES
ITI
z
2
0
A r
�r
y to
O
�Fm
In
112" IRF
.O.Vn1
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202). A
metes and bounds description of even survey date herewith accompanies this survey plat
The undersigned, Registered Professional Land Surveyor, hereby cerfifies that this survey plat accurately sets out
the metes and bounds of the encroachment tract.
(9 V
JOSHUA D. WARGO
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 6391
801 CHERRY STREET,
UNIT 11 SUITE 1300
FORT WORTH, TEXAS 76102
PH. 817-335-6511
ENCROACHMENT AGREEMENT
)F LYDIA JANE WARWCK SURVEY
TEgP ABSTRACT No. 1663
o CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
D- WARGO _
N
W+E
-1 S
GRAPHIC SCALE IN FEET
0 20 40 80
STA: 1+25.52 STRI LINEG
INSTALL: 1
OUTLETSTRUCTURE
TC: 856.38
P-W OUT M.W(S) LEGEND
STA: 17M STRM LINE G
INSTALL:
CONNECT TO EX. 0 PROMSEO STORM LINE
CUM INLET—BR35a1'i1�i64.19'-- ✓36 PROMSEO SANITARY SEWER LINE
TC: 88280
_ FL2 - IN: 017M (N) J PROP. ENCROACHMENT E-1 W PROMSEO WATERLINE
z� S12 LF PROP. PRIVATE STORM IN — EXISTING SANITARYSEWERLINE
_ _WOODLAND AVE RIGHT F-WAY
(A�-FOOTRIGHT-0E-WAY) EX. 24"STORM EXISTING WATERLINE
(C-2683) - EXISTING STORM LINE
EXHIBIT C:
ENCROACHMENT E-1 PLAN VIEW
0
o
w
w
4
Z
J
Q
J
�I
Z Cl)
¢ o
Olt
p
N
.r
F
O
U2i
3
ZO
=
N
F W
dN
m
c�a o
o_
W
O
d
w
z
0
o
rn
M
ro
ro
n
n
o
cn
co
co
=
U
0 0
W
N
w
w
2
W
Z
oil_
3a
rro
J
I�,-
NI
a-77
�_.
LL
l
LSN
w
Nm
OV 159
1
1.4
li
o
�^
U)
DINII
��
Wal$0p'
LVl
a�
a
nJ
�
x
o
w
Lo
O
0
O
La
O
O
O
m
O
I
OD
co
n
n
co
co
co
w
U -
■
m.
o�
ry
o=
x �
b A
fm
<m i
—� m
Zp C
r0> O
u 2 a L
07mm
Z
y➢TT
N \.
`<NO
- N5 51.47'
n
a
m SHAW STREET
n/ - (M W-FMO GH --0 WAY)
LIL
W
m A
z n N=
N
O > c z
m
� z
v m m
= m
O g�
7
o G
W = F
4
W Z!
Z N V)
U
3 aN V z
H W
p f�
mm = 2
W a0
Ix
p U
w
W
Y
J
a
3
w
Fy
® Z QNF Terri LL_
J8 BWLLN a
— m d
Lb
i{
N' O
orc N
a
�3 �a W
HOW
qU4
O OOW
a rcgn
OU
� V
HE
_jAVM-A( I IM IOOV-CCtl per_
M AW ac)a-1111? .�—
Y �� o
4
+n Yxr�m Yxr �i ��ra����ivL�r%e y
EXHIBIT B
Certificate of Insurance
Tier I ROW Encroachment Agreement
Standard
Page 12 of 12
Updated 2024
FORT WORTH
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: Fat Worth Residences, LLC
Subject of the Agreement: Tier I Row Encroactment
M&C Approved by the Council? * Yes ❑ No 9
Ifso, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes ❑ No 9
Ifso, provide the original contract number and the amendment number.
Is the Contract "Permanent"? *Yes ❑ No 9
If unsure, see backpage for permanent contract listing.
Is this entire contract Confidential? *Yes ❑ No 9 Ifonly 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 dii ferentfrom the approval date. If applicable
Is a 1295 Form required? * Yes ❑ No 9
*Ifso, please ensure it is attached to the approving M&C or attached to the contract.
Project Number: If applicable
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes 9 No ❑
Contracts need to be routed for CSO processing in the following order:
1. Katherine Cenicola (Approver)
2. Janette 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.