HomeMy WebLinkAbout064104-U - General - Contract - 701 STL LPio/io/Zo25
Date Received:
Time Received: ��05 p.m.
Record Number: PN25-00139
64104
City Secretary No.:
PUBLIC PROPERTY RIGHT-OF-WAY ENCROACHMENT LICENSE
AGREEMENT
TIER I
THIS AGREEMENT is made and entered into by and between THE CITY OF
FORT WORTH, a home rule municipal corporation of Tarrant County, TeXas ("City"),
acting by and through its duly authorized City Manager, Assistant City Manager, or
Director of the Development Services Department, and 701 STL LP, a TeXas limited
partnership, ("Licensee"), acting by and through its duly authorized representative.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 711 & 715 Saint
Louis Avenue, Fort Worth, Texas 76104 ("Property"), being more particularly described
as, Block 22, of Tucker Addition, an addition to the City of Fort Worth, Tarrant County,
Texas, as recorded in Deed Records, by Instrument Number D222187896; 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, which plat is recorded
in the plat records of Tarrant County in Volume 63, Page 124; 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 a private ADA ramp and parking (the "Encroachment"). Upon completion of
OFFICIAL RECORD
CITY SECRETARY Page 1 of 12
Tier I ROW Encroachment Agreement FT. WORTH, TX Updated 2024
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.
Page 2 of 12
Tier I ROW Encroachment Agreement Updated 2024
5.
Upon termination of this Agreement, Licensee shall, at the option of and at no
expense to the City, remove the Encroachment and restore the Public Property to a
condition acceptable to the Director of Transportation and Public Works, the Director of
the Water Department, the Director of the Development Services Department or their duly
authorized representative. Any such removal of the Encroachment shall be in accordance
with then-existing City regulations and policies. It is understood and agreed to by Licensee
that if this Agreement terminates and Licensee fails to remove the Encroachment and
restore the Public Property, Licensee hereby gives City permission to remove the
Encroachment and any supporting structures from the Public Property, to restore the Public
Property, and to assess a lien on the Property for the costs expended by the City in taking
such actions.
6.
In order to defray all costs of inspection and supervision which the City has incurred
or will incur as a result of the construction, maintenance, inspection or management of the
Encroachment and use of Public Property as provided for by this Agreement, Licensee
agrees to pay to City at the time this Agreement is requested an application fee in the sum
of One Thousand Twelve Dollars and Fifty Cents ($1012.50).
7.
The term of this Agreement shall be for thirty (30) years, commencing on the date
this Agreement is executed by City. However, the City may terminate this Agreement
upon Licensee's noncompliance with any of the terms of this Agreement. City shall notify
Licensee in writing of any such noncompliance and if Licensee does not cure the
noncompliance within thirty (30) days of notice from City, the City may terminate this
Agreement. However, the City may, at its sole option, allow the Agreement to remain in
effect so long as Licensee has taken reasonable measures to cure the noncompliance or is
continuing to diligently attempt to remedy the noncompliance.
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
Page 3 of 12
Tier I ROW Encroachment Agreement Updated 2024
contemplated or not, that the parties agree to negotiate in good faith in order to
accommodate both the Encroachment and the public purpose.
9.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY
INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS FROM AND
AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR
LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR
INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE,
EXISTENCE, OR LOCATION OF THE ENCROACHMENT AND USES
GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN
PART, BY THE ALLEGED NEGLIGENCE OF OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND
LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR
SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL
LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY
AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR
IN CONNECTION WITH THE ENCROACHMENTS AND ANY AND ALL ACTS
OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR
INVITEES.
10.
While this Agreement is in effect, Licensee agrees to furnish City with a Certificate
of Insurance naming City as certificate holder as proof that is has secured and paid for a
policy of public liability insurance covering all public risks related to the proposed use and
occupancy of public property as located and described in Exhibit "A." The amounts of
such insurance shall be not less than
$1,000,000
with the understanding and agreement by Licensee that such insurance amounts may be
revised upward at City's option and that Licensee shall so revise such amounts immediately
following notice to Licensee of such requirement. Such insurance policy shall not be
canceled or amended without at least thirty (30) days prior written notice to the Building
Official of the City. A copy of such Certificate of Insurance is attached as Exhibit "B"
and incorporated herein for all purposes. Licensee agrees, binds, and 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
Page 4 of 12
Tier I ROW Encroachment Agreement Updated 2024
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.
Page 5 of 12
Tier I ROW Encroachment Agreement 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.
Page 6 of 12
Tier I ROW Encroachment Agreement 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]
Page 7 of 12
Tier I ROW Encroachment Agreement Updated 2024
EXECUTED to be effective on the date signed by the City's Director of Development
Services Department
City:
CITY OF FORT WORTH
�aGton �faY�eGG
B�7; Dalton Harrell (Oct 1Q 2025 0235:01 CDT)
D. J. Harrell
Director, Development Services Department
Date: 10/10/2025
oan
4FORT °�a
ATTEST: `�o�°°°� °� `y ad
P,a � � o
c°�a o�o9�d
°avo o=a°
°Pa*°Qo o°�'
�� h �� °°�n nezA5a4p
�
Jannette Goodall,
City 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
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 8 of 12
Tier I ROW Eneroachment Agreement Updated 2024
Licensee:
701 STL LP
a Texas limited partnership
by: 701 STL GP LLC
a Texas limited liability company
its general manager
by: PPG Realty Properties St. Louis Avenue LLC
a Delaware limited liability company
its sole member
By:
Name: Balamurugan Sankarapandian
Title: CEO
Date: ��r�'Z-OZ�j
. �
STATE OF �C XaS §
COUNTY OF fio��rY an� §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
fieXas , on this day personally appeared ��i� San Kar , ii��
(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 � o l S��- G! p , a
Ll-�'i (entity type), and in the capacity therein stated.
GIVEN iJNDER MY HAND AND SEAL OF OFFICE this S� day of
ac�ko�v�r , Zo2�.
�y+iv �►a'' ��� CAROUNE CI,AURE �
i � Notary ID #129981171
Notary Public in and for the �� � My Commission Expires
''eoF� October 3, 2026
State of �ei:�$
Page 9 of 12
Tier I ROW Encroachment Agreement Updated 2024
��:��yv_�ti����:iy����������:��.����:��:i�����yx��.yx��►iw�r�
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 LTNDER MY HAND AND SEAL OF OFFICE this lOth day of
October 20 25
l�✓��d�� ����r�%���
Notary Public in and for the State of TeXas
Tier I ROW Encroachment Agreement
► Wendy Beard�lee
My Commisclon Explres
* 7izs�Zoz9
Notaty ID133237193
Page 10 of 12
Updated 2024
EXHIBIT A
Depiction and description of the Encroachment
Page 11 of 12
Tier I ROW Encroachment Agreement Updated 2024
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DATEG Pp`��P REVISIONGOMMENTS
HARRIS
KOCHER
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ST LOUIS MOB
LAYOUT AND DIMENSIONAL CONTROL PLAN
711 ST LOUIS AVE
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GENERAL NOTES:
PLL SikPxG AxD SpJAGE MUSi CqJfORM i0 1HE Ctt Oi fOfti WORiH
9GNAGE qiI1ER A
2 iHE CONIRACiOR SxALL NOiFv iE%AS 011 PROR i0 EXCAVA�ON N
ACCORDANCE INiH iHE Civ OF RMARDSbJ PND 1EXA5 SIAiE
iHniuiE�
3 E LOCAiION Of EwSnxG UNDERGROUND U11LI11ES IS APPkOwMAiE PND
SHOVM ACCORDING i0 lxE BESiiNFORMAiION AVAIIABI£. AS SUPPLIE�
BY iHE UiIl1iY ONMERS. PRIOR i0 EXCAVAiION, 1HE CON1RACi0R SHALL
VEWFT EXISiENCE, SIZE. AN� LOCAiION OF E%IS11NC UiIIIiIES AND
uuEDinlELv rv0iifv HnRRiS xOCNER SuilH Of nNv p�SCREPaNqE� lHE
CONikACiOR IS FESPqJSIBLE Nk ANY AND ALL DAMACES i0 IXISIINC
UxDCftGROUNp fApLIiIES
4 ALL RA�n i0 BE 25' Ai FACE Of WRB UNl6S OiHERINSE NOiE� ON
PUNN
5 RAIL G i0 BE LOUiE� ON 10G Oi REiAINING WALLS PER ARMiiELI
SIiE BENCHNARCKS.
I 1HE SIIE BENCx4ARK IS AN "%" Wi IN CDNCREIE NUR iHE
SOUiHEASI �RNER OF iHE SUBJECI iRAGI, Ai iHE NORiHWESI
CORNER OF iHEIN�ER5EL110N OF W l£VOA AND GALVESiON Ii15
Nena ixe murnwesreaN eoc� or a snrvirner sewee �nnrvxae
ENCiRCLED Br SiDEwnLK RnuP CURBS ELEvniiOry = 55Jtt'
2 lxE SlE BErvCxunRK i5 nry k" WiiN CONCREiE ni iHE NUiHEn51
CORrvER Of iHE iN1ERSEC1i0ry Of w_ LEUDn nND 51. LOUiS il i5
LOCAIED Ai iHE i0P (EASIERN�SIDE Of A SIDEWALK FANP, ON iHE
NOR1H SIpE Oi M SIOEWALK, iM RUNS PARALLEL IMiH W LEUDA
ELEVAPON =661.16'
2l�1'�16
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PROJECT# 2501001
SHEETNUMBER
101
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W. CANNON STREET
(CALLED 50' R.O.W., VOL. 63, PG. 124, D.R.T.C.T.)
N00°26'28 "W
1 �.52 �
1/2" �
(C.M.)
OF
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9.64'
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BASIS OF BEARINGS NOTE:
Bearings are based on the State Plane
Coordinate System, Texas North Central
Zone (4202) North American Datum of
1983 (NAD '83), distances are surface
with a combined scale factor of 1.00012
BCS
131aI�T017 CHR1�I7
sur�uEsr�n�
3601 NE Loop 820, Ste. 108
Fort Worth, TX 76137
Phone: 817-864-1957
info@bcsdfw.com
\\ TBPLS Firm #10194474
\ Page 1 of 2
N89°33'38"E 111.80'
S89°23'18"W 1ll.80'
SOO°Z6�Z8��E MAG NAIL
10.19� "KHA" (C.M.)
'X' FND.
N89 23'18"E BEARS
88.55' S58'W � 1.05'
ENCROACHMENT AREA
0.027 ACRES � 1,158 SQ. FT.
BLOCK 22
TUCKER'S ADDITION
VOL. 63, PG. 124, D.R.T.C.T.
LEGEND OF ABBREVIATIONS
D.R.T.C.T. DEED RECORDS, TARRANT
COUNTY, TEXAS
DOC.# DOCUMENT NUMBER
C.M. CONTROLLING MONUMENT
SQ. FT. SQUARE FEET
ROW RI6HT OF WAY
CRS CAPPED REBARSET
i
%
j
j�
N
0 15' 30'
� �
SCALE: 1" = 30'
EXHIBIT " "
ENCROACHMENT EXHIBIT
1,158 SQUARE FEET
P. WELCH SURVEY, ABSTRACT 1643
W. CANNON STREET RIGHT-OF-WAY
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS �
DATE:04/Ol/2025 JOB N0.:2024.012.046 �
\\bcs—fs-01\public\Survey\012 — Horris Kocher Smith\2024\046 — St. Louis MOB\Drowings\Encroachment + Esmt Exhibits
/ EXHIBIT " " \\
PROPERTY DESCRIPTION
ENCROACHMENT EXHIBIT
1,158 SQUARE FEET
P. WELCH SURVEY, ABSTRACT 1643
W. CANNON STREET RIGHT-OF-WAY
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
BEING a tract situated in the P. Welch survey, abstract number 1643, City of Fort Worth, Tarrant County, Texas, being situated in the
right-of-way of W. Cannon Street, adjacent to the north line of Block 22, Tucker's Addition, an addition in the City of Fort Worth, Tarrant
County, Texas, according to the plat recorded in volume 63, page 124, Deed Records, Tarrant County, Texas, the subject tract being more
particularly described as follows:
BEGINNING at a point in the north line of said Block 22 and the south right-of-way of said W. Cannon Street for the southwest corner of
the herein described tract, from which a 1/2 inch rebar found at the northwest corner of said Block 22 bears South 89 degrees 23 minutes
18 seconds West, a distance of 9.64 feet;
THENCE within the right-of-way of said W. Cannon Street, the following calls:
1. North 00 degrees 26 minutes 28 seconds West, a distance of 10.52 feet;
2. North 89 degrees 33 minutes 38 seconds East, a distance of 111.80 feet;
3. South 00 degrees 26 minutes 28 seconds East, a distance of 10.19 feet to a point in the south right-of-way of said W. Cannon Street
and the north line of said Block 22, from which a MAG nail with washer stamped, "KHA" found for the northeast corner of said Block
22 bears North 89 degrees 23 minutes 18 seconds East, a distance of 88.55 feet;
THENCE South 89 degrees 23 minutes 18 seconds West, with the south right-of-way of said W. Cannon Street and the north line of said
Block 22, a distance of 111.80 feet, returning to the POINT OF BEGINNING and enclosing 0.027 acres (1,158 square feet) of land, more or
less.
SURVEYOR'S CERTIFICATE
This is to certify that I, John H. Barton III, a Registered Professional Land Surveyor of the State of Texas, have prepared this map from an
actual survey on the ground, and that this map correctly represents that survey made by me or under my direction and supervision.
Date of Plat/Map: February 3, 2025
i���.��%(� �
Joh arton III, RPLS# 6737
C
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131aI �TOII CHRI �FI
sur�uEsr�n�
3601 NE Loop 820, Ste. 108
Fort Worth, TX 76137
Phone: 817-864-1957
info@bcsdfw.com
\\ TBPLS Firm #10194474
\ Page 2 of 2
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LEGEND OF ABBREVIATIONS
D.R.T.C.T. DEED RECORDS, TARRANT
COUNTY, TEXAS
DOC.# DOCUMENT NUMBER
C.M. CONTROLLING MONUMENT
SQ. FT. SQUARE FEET
ROW RIGHT OF WAY
CRS CAPPED REBAR SET
BASIS OF BEARINGS NOTE:
Bearings are based on the State Plane
Coordinate System, Texas North Central
Zone (4202) North American Datum of
1983 (NAD '83), distances are surface
with a combined scale factor of 1.00012
BLOCK 22
TUCKER'S ADDITION
VOL. 63, PG. 124, D.R.T.C.T.
S89°23'18"W ���
5.75' �� S00°36'42"E
ll334
1/2' REBAR
"BY LINE" (C.M.)
BfrS
131aI�T017 CHR1�I7
sur�uEsr�n�
3601 NE Loop 820, Ste. 108
Fort Worth, TX 76137
Phone: 817-864-1957
info@bcsdfw.com
\\ TBPLS Firm #10194474
\ Page 1 of 2
ENCROACHMENT AREA
0.007 ACRES
�/322 SQUARE FEET
EXHIBIT " "
ENCROACHMENT EXHIBIT
322 SQUARE FEET
P. WELCH SURVEY, ABSTRACT 1643
ST. LOUIS AVENUE RIGHT-OF-WAY
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS �
DATE: 02/03/2025 JOB NO.: 2024.012.046 /
\\bcs—fs-01\public\Survey\012 — Horris Kocher Smith\2024\046 — St. Louis MOB\Drowings
/ EXHIBIT " " \\
PROPERTY DESCRIPTION
ENCROACHMENT EXHIBIT
322 SQUARE FEET
P. WELCH SURVEY, ABSTRACT 1643
ST. LOUIS AVENUE RIGHT-OF-WAY
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
BEING a tract situated in the P. Welch survey, abstract number 1643, City of Fort Worth, Tarrant County, Texas, being situated in the right-of-way of St.
Louis Avenue, adjacent to the west line of Block 22, Tucker's Addition, an addition in the City of Fort Worth, Tarrant County, Texas, according to the
plat recorded in volume 63, page 124, Deed Records, Tarrant County, Texas, the subject tract being more particularly described as follows:
BEGINNING at a point in the west line of said Block 22, from which a 1/2 inch rebar found at its northwest corner bears NORTH 00 degrees 36 minutes
42 seconds WEST, 30.57 feet;
THENCE with the east right-of-way of said St. Louis Avenue and the west line of said Block 22, SOUTH 00 degrees 36 minutes 42 seconds EAST, a
distance of 56.08 feet to a point from which a 1/2 inch rebar with cap stamped "BY-LINE" found at the southwest corner of said Block 22 bears SOUTH
00 degrees 36 minutes 42 seconds EAST, 113.34 feet;
THENCE within the right-of-way of said St. Louis Avenue, SOUTH 89 degrees 23 minutes 18 seconds WEST, a distance of 5.75 feet;
THENCE within said right-of-way, parallel and 5.75 feet westerly of the west line of said Block 22, NORTH 00 degrees 36 minutes 42 seconds WEST, a
distance of 56.08 feet;
THENCE within said right-of-way, NORTH 89 degrees 23 minutes 18 seconds EAST, a distance of 5.75 feet, returning to the POINT OF BEGINNING and
enclosing 0.007 acres (322 square feet) of land, more or less.
SURVEYOR'S CERTIFICATE
This is to certify that I, John H. Barton III, a Registered Professional Land Surveyor of the State of Texas, have prepared this map from an actual survey
on the ground, and that this map correctly represents that survey made by me or under my direction and supervision.
Date of Plat/ ap: February 3, 2025
i���„���
Jo . Barton III, RPLS# 6737
G �
8�.'S
131aI �TOII CHRI �FI
sur�uEsr�n�
3601 NE Loop 820, Ste. 108
Fort Worth, TX 76137
Phone: 817-864-1957
info@bcsdfw.com
\\ TBPLS Firm #10194474
\ Page 2 of 2
/ ��•�' E•TF \
,`P.��\ST ,p�.-��
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OHN HOMER BARTON II
.........................
'• -0 6737 �, :
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EXHIBIT B
Certificate of Insurance
Page 12 of 12
Tier I ROW Encroachment Agreement Updated 2024
I DATE (MM/DDIYYYY)
A�� �� CERTIFICATE OF LIABILITY INSURANCE
09/09/2025
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
� Na°,Me°CT William Alec Mullarkey
Mullarkey Ins, LLC PHONE Fax
600 W. 6th Street I(AIC. No. Extl: 8� �-729-2070 I raic, No�:
I ADDR�ess: alec@mullarkeyinsurance.com
4th Floor I
FOft WOI�II, TX 76102 INSURER(S) AFFORDING COVERAGE NAIC #
INSURED
701 STL, LP.
451 South Main St
Suite 200
Fort Worth, TX 76104
INSURER A :
iNsuReRs: Crum & Forster Insurance Company
INSURER C :
iNsuReRo: Mt. Hawley Insurance Company
� INSURER E :
I INSURER F :
42471
37974
COVERAGES CERTIFICATE NUMBER:001 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR INSD WVD POLICYNUMBER (MM/DDIYYYY) (MM/DDIYYYY)
g COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $
� CLAIMS-MADE � OCCUR
BI/PD Ded
Pollution Liab
GEN'L AGGREGATE LIMIT APPLIES PER:
�POLICY � PR� � LOC
X JECT
OTHER:
C AUTOMOBILE LIABILITY
ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
HIRED NON-OWNED
AUTOS ONLY AUTOS ONLY
MCS90 Poll Liab
D UMBRELLA LIAB OCCUR
X EXCESS LIAB CLAIMS-MADE
DED I I RETENTION $
q WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y/ N
ANYPROPRI ETOR/PARTN ER/EXECUTIV E
OFFICER/MEMBEREXCLUDED? � N � A
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
C Hired/Non Owned
BAS-62249-1 8/25/2025 8/25/2026
1,���,���
DAMAGE TO RENTED lOO,OOO
PREMISES (Ea occurrencel $
MED EXP (Any one person) $ 5,000
PERSONAL & ADV INJURY $ 1,000,000
GENERALAGGREGATE $ Z,OOO,OOO
PRODUCTS - COMP/OP AGG $ EXCIUC�2C�
$
COMBINEDSWGLELIMIT $
(Ea accidentl
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
PROPERTYDAMAGE $
(Per accidentl
$
I EACH OCCURRENCE $ Z,OOO,OOO
GXS0024424 8/25/2025 8/25/2026 I AGGREGATE g 2,000,000
$
I STATUTE I I �ERH
I E.L EACH ACCIDENT $
I E.L. DISEASE - EA EMPLOYEE $
E.L. DISEASE - POLICY LIMIT $
Comp Ded
Coll Ded
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
*******************THIS CERTIFICATE SUPERCEDES ANY PREVIOUSLY ISSUED CERTIFICATE*************************
Certificate Holder is included as Additional Insured as respects General & Auto Liability as required by written contract.
The General Liability policy contains a special provision with Primary & Non-Contributory wording as required by written contract. Waiver of Subrogation
applies as respects General & Auto Liability as required by written contract.
CERTIFICATE HOLDER
City of Fort Worth 100 Fort
Worth Trail Fort Worth TX
76102
PN25-00139
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE � `��� ' ' U �
O 1988-2015 ACORD CORPORATION. All rights reserved.
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