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HomeMy WebLinkAbout064568 - General - Contract - Blazing Trail, L.P.Date Received: 1/15/2026 Time Received: 3:32 p.m. Record Number: PN25-00092 City Secretary No.: 64568 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT 77ER Il 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 Blazing Trail, L.P., a Texas limited partnership ("Licensee"), acting by and through its duly authorized representative. RECITALS WHEREAS, Licensee is the owner of the real property located North of Intersection 35W on the corner of Mark IV, of Fort Worth, Texas 76106 ("Property"), being more particularly described as, Lots l and 2, Block 2, of Blazing Trail Addition, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Deed Records, by instrument Number D199046291; and WHEREAS, the City owns a public drainage facility easement (the "Public Property") adjacent to the property, dedicated to the City in an easement filed in the Tarrant County Deed Records as Instrument Number D221272750, as depicted on the final plat of the property (FS-25-078), which plat is recorded in the plat records of Tarrant County as Instrument Number D225224933; 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 OFFICIAL RECORD Tier II Easement Encroachment Agreement Page 1 of 12 Standard CITY SECRETARY Revised 12/2022 FT. WORTH, TX on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing, installing, and maintaining a private storm drains (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, ot•dinances, 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 ofthis 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 air�ount 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 res�ilting from the City's use of the Public Property; however, the City shall make reasonable efforts to minimize such damage. �� 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 Tier II Easement Encroachment Agreement Page 2 of 12 Standard Revised 12/2022 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 Encroachtnent 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 ($1,012.50). 7. The term of this Agreement shall be for thirty {30) years, commencing on the date this Agreement is executed 6y 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 Aroperty 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 af natural gas or electricity, or any other public purpase, whether presently contemplated or not, that the parties agree to negotiate in good faith in order to accommodate both the Encroachment and the public purpose. Tier II Easement Encroachment Agreement Page 3 of 12 Standard Revised 12/2022 L� 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 ofthis 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 12 Standard Revised 12/2022 11. Licensee agrees to deposit with the City when this Agreement is executed a sufficient sum of money to be used to pay necessaiy 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 Enc�•oachment 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, se�vants, 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 necessacy permissions before occupying such pcoperty. 16. In any action brought by the City for the enforcement of the obligations of the Licensee, City shall be entitled to recover interest and reasonable attorneys' fees. Tier II Easement Encroachment Agreement Page 5 of 12 Standard Revised 12/2022 17. The parties agree tl�at the duties and obligations contained in Section 5 shali 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 lende�� 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 foreclosw•e 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 te�•m 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. Tier If Easement Encroachment Agreement Page 6 of 12 Standard Revised 12/2022 [SIGNATURES APPEAR ON FOLLOWING PAGE] Tier II Easement Encroachment Agreement Page 7 of 12 Standard Revised 12/2022 EXECUTED to be effective on the date signed by the City's Director of Development Services Department City: CITY OF FORT WORTH -��,� Dalton Harrell �Jan 13, 202619'.11'.18 GST) By: D. J. Harrell Director, Development Services Department Date : O1/13/2026 an 9fORT bIl ATTEST: �o ��� �� �°a p �o �9�0 �' o�-Id OVo o=� Op�*0000 oo*� � n.�zza ia ..ve.asos- p44p TEXAsa4 bnu0004 e Approved As To Form and Legality: �� Jannette Goodall, City Secretary Hye Won Kim Assistant City Attorney Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration ofthis contract, including ensuring all performance and reporting requirements. ��� Kandice Merrick Development Services Manager OFFICIAL RECORD Tier [I Easement Encroachment Agreement CITY SECRETARY Page 8 of 12 Standard Revised 12/2022 FT. WORTH, TX Licensee: Blazing Trail, L.P. a Texas limited partnership : Dat by: Blazing Trail GP, LLC a Texas limited liability company Its General Partner . Name: R Title: Manager e: ( �3 � �� STATE OF �`e k�S § COUNTY OF � G- � r Q K� § BEFORE ME, the undersigned authority, a Notary Public in and for the State of ��Y_�e.5 , on this day personally appeared TZ-aK�l ( S�P� r�W�o�� � (Title) known to me to be the person whose name is subscribed to �,J 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 �4-z,'at?�YGu.I �� ��' a7„t.-Y!t'j � i µt��� �ifc�lli`iyCen itt v typ�), and in the capacity therein stated. GIVEN LTNDER MY HAND AND SEAL OF OFFICE this 3_�ay of �� G P�Mlti.�ok 1�2025. �,a�n��.�-e.t�d:i -.�..�'s`: ,nr.aa_ f �� ` �;'nY AV@�ry YOLANDp. C��MB� � � � " - MY COMMIS510N �XP1RE� � - *'.��;'`- d4130/20?_7 Not• y �zblic in and for the �rT�+��, ��'`�� NOTARY iD: 1218463-7 � ,:�.;,,�..�,�►s.:.,R�s�-��t,�a:>.�w��asa�s.�"g'pS� Tier II Easement Encroachment Agreement Standard Page 9 of 12 Revised 12/2022 State of Texas � �: i �.y v_�h � ���;iy � ����� � ���;� �.����;� �: �u � � �y ���.� xu►� w��� 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 LINDER MY HAND AND SEAL OF OFFICE this 13th day of December , 2025. ��`l� � Notary Public in and for the State of Texas �.,.� .,� � p.u�rgy Lge Waliaca My Camm3aqlon Expi�ea 91101� p2 9 Notary 1�135dB2586 Tier II Easement Encroachment Agreement Page 10 of 12 Standard Revised 12/2022 EXHIBIT A Depiction and description of the Encroachment Tier iI Easement Encroachment Agreement Page I I of 12 Standard Revised 12/2022 : � �r•ei 7Plrtk+f�.% �41 �9 oiah HlLL-� iiSafT'lpr�t! H ill•J3Nt, H igh S[hoo! � � � ti S � b'.�f ti: r: zs� #Aeiody Hifis �=t�.��� 6!r❑ � u � '� ,� _ , �r����C � �0 CAT I 0 I� N � # {� � ��ier�� � , BONNIE BRAE w E �EN'S I=. •� I Lf ! , � s � � 2000 1000 0 2000 4000 ' GRAPHIC SCALE: 1" = 2000 Feet ��� BAIRD, HAMPTON & eRowN OWNED/DEVELOPED BY: � ENGINEERING & SLIRVEYING BLAZINGTRPJL,LP 6300 Ridglea Place, Ste. 700, Fl Worlh, TX 76116 5300 CAMP BOVNE BLVD FORT WORTH, TX 76107 mailObhbinc.com 817-338-1277 wwwbhbinacom eHe Pro�acc A�o2s.zo6.000 �eE �� r—a iev�s r.m ioottaoo TELE:214-334-4811 B�AZINC TRAIL UEVELUI��I-��T PH2 VICINITY MAP � ��ts:f�e a �, t L� Prap�es rur�,,1 5/28/2025 EXHIBIT A ENCROACHMENT AGREEMENT 406 Square Feet or 0.009 Acre William Baker Survey, Abst. No. 145 City of Fort Worth, Tarrant County, Texas BEING a tract of land situated within the William Baker Survey, Abstract Number 145, City of Fort Worth, Tarrant County, Texas and being a portion of a tract of land as described by deed to Blazing Trail, L.P., as recorded in Document Number D199046291, Deed Records, Tarrant County, Texas (DRTCT) and being more particularly described by metes and bounds as follows: (Bearings referenced to U.S. State Plane Grid 1983 - Texas North Central Zone (4202) NAD83 as established using the AIITerra RTKNet Cooperative Network. Reference frame NAD83(2011) Epoch 2010.0000. Distances shown are U.S. Survey feet displayed in surface values.) COMMENCING at a found X-Cut for the northwest corner of the said Blazing Trail tract, same being the southwest corner of Lot 1, Block 1, Stepp Business Park, an addition to the City of Fort Worth, Tarrant County, Texas as shown on plat recorded in Cabinet B, Slide 1767, Plat Records, Tarrant County, Texas (PRTCT) and being in the east line of a tract of land described by deed to Texas Electric Service Company, as recorded in Volume 1979, Page 15, DRTCT; THENCE North 71�44'40" East, over and across the said Blazing Trail tract, a distance of 122.90 feet to the POINT OF BEGINNING of the hereon described tract; THENCE continuing over and across the said Blazing Trail tract, the following courses and distances: North 54°42'37" East, a distance of 29.00 feet to a point; South 35°17'23" East, a distance of 14.00 feet to a point; South 54�42'37" West, a distance of 29.00 feet to a point; North 35�17'23" West, a distance of 14.00 feet to the POINT OF BEGINNING and containing 406 Square feet or 0.009 acre of land more or less. SURVEYOR'S CERTIFICATION I,1ohn G. Margotta, a Registered Professional Land Surveyor licensed in the State of Texas, do hereby declare that this survey is true and correct and was prepared from an actual survey made under my supervision on the ground. Further, this survey conforms to the general rules of procedures and practices of the most current Texas Engineering and Land Surveying Practice Acts and Rules Concerning Practice and Licensure. � � � BAIRD, HAMPTON & BROWN engineering and surveying 6300 Ridglea Place, Suite 700 Fort Worth, TX 76116 jmargotta@bhbinc.com • 817.338.1277 • bhbinc.com TBPELS Firm #44,#10011300 ---� _ _ _ _ .. - - Jc,�n �.''. Margotta Si?*� of Texas Registered Professional Land Surveyor No.5956 Date: May 27, Z025 �P� �'O F T F� �e,���\STER�oe-qs �• •# a �� . eeeeeeeeeeeeeeeeees°ee JOHN G. MARGOTTA ee; .evee....ee.... ;.. e �0 5956 e a'P p,ea �l�ti- n� =E: ::� �y��- � SUR�� Drawing: E:\Survey24\206 Blazing Trail 2\000\Dwg\EASEMENT EXHIBITS\ENCROACHMENT AGREEMENT #2.dwg EXHIBIT B ENCROACHMENT AGREEMENT 406 Square Feet or 0.009 Acre William Baker Survey, Abst. No. 145 i City of Fort Worth, Tarrant County, Texas �� / / / / � / � / 1�6� �� LOT 1, BLOCK 1 /� s��O� I STEPP BUSINESS PARK ��0� POB� CAB. B, SLIDE 1767 /��cP � PRTCT / � �,��e 1" = 30' / sE`� r ��. � 22 g0 � �0 1 Line Table Line q Direction Length L1 N54°42'37"E 29.00 L2 535°17'23"E 14.00 L3 554°42'37"W 29.00 L4 N35°17'23"W 14.00 LEGEND: POC X-CUT � � 5���5� G`� ��'�`L O� ��' �� � � OpG O � � /�� N�1���o„E / / EY F \ t� F G���c�� �� 0995(^ 'PT��' cGn^ 's �'oy A � DRTCT.......Deed Records, Tarrant County, Texas POB...........Point of Beginning POC...........Point of Commencing PRTCT....... Plat Records, Tarrant County, Texas � � � BAIRD, HAMPTON & BROWN engineering and surveying 6300 Ridglea Place, Suite 700 Fort WoM, TX 76116 �margotta@bhbinc.com • 817.338.1277 • bhbinc.com TBPELS Firm #44, #10011300 GENERAL NOTES: KER �SUR�S / g� N WIL��S`�R��� � � � � / � / � ENCROACHMENT AREA 406 Sq.Ft. 0.009 Ac � A REMAINDER OF BLAZING TRAIL, L.P. � DOC. N0. D199046291 / DRTCT / Basis of bearing being U.S. State Plane Grid -Texas North Central Zone (4202) NAD83 as established using the AIITerra RTKNet Cooperative Network. Reference frame is NAD83(2011) Epoch 2010.0000. Distances shown are U.S. Survey feet displayed in surface values. SURVEYOR'S CERTIFICATION I, lohn G. Margotta, a Registered Professional Land Surveyor licensed in the State of Texas, do hereby declare that this survey is true and correct and was prepared from an actual survey made under my supervision on the ground. Further, this survey conforms to the general rules of procedures and practices of the most current Texas Engineering and Land Surveying Practice Acts and Rules Concerning Practice and Llcensure. i� r �" -- J in Fp argotta . tat of Texas Registered Professional Land Surveyor c,. 5956 Date: May 27, 2025 � e.eaaBaeeaaBae....... JOHN G. MARGOTTA eee eseeeeseeee.e.. e.. aA_ 5956 .._ SUR Drawing: E:\Survey24\206 Blazing Trail 2\000\Dwg\EASEMENT EXHIBITS\ENCROACHMENi AGREEMENT �2.dwg EXHIBIT A ENCROACHMENT AGREEMENT 111 Square Feet or 0.003 Acre William Baker Survey, Abst. No. 145 City of Fort Worth, Tarrant County, Texas BEING a tract of land situated within the William Baker Survey, Abstract Number 145, City of Fort Worth, Tarrant County, Texas and being a portion of a tract of land as described by deed to Blazing Trail, L.P., as recorded in Document Number D199046291, Deed Records, Tarrant County, Texas (DRTCT) and being more particularly described by metes and bounds as follows: (Bearings referenced to U.S. State Plane Grid 1983 - Texas North Central Zone (4202) NAD83 as established using the AIITerra RTKNet Cooperative Network. Reference frame is NAD83(2011) Epoch 2010.0000. Distances shown are U.S. Survey feet displayed in surface values.) COMMENCING at a found 5/8-inch capped iron rod marked "BHB INC" for the northeast corner of the said Blazing Trail tract, same being the southeast corner of Lot 1, Block 1, Stepp Business Park, an addition to the City of Fort Worth, Tarrant County, Texas as shown on plat recorded in Cabinet B, Slide 1767, Plat Records, Tarrant County, Texas (PRTCT) and being in the west right-of-way line of Mark IV Parkway (a 60-foot right-of-way); THENCE South 18°08'07" West, over and across the said Blazing Trail tract, a distance of 78.88 feet to the POINT OF BEGINNING of the hereon described tract; THENCE continuing over and across the said Blazing Trail tract, the following courses and distances: South 35°17'23" East, a distance of 3.00 feet to a point; South 54°42'37" West, a distance of 37.00 feet to a point; North 35°17'23" West, a distance of 3.00 feet to a point; North 54�42'37" East, a distance of 37.00 feet to the POINT OF BEGINNING and containing 111 Square feet or 0.003 acre of land more or less. SURVEYOR'S CERTIFICATION I,1ohn G. Margotta, a Registered Professional Land Surveyor licensed in the State of Texas, do hereby declare that this survey is true and correct and was prepared from an actual survey made under my supervision on the ground. Further, this survey conforms to the general rules of procedures and practices of the most current Texas Engineering and Land Surveying Practice Acts and Rules Concerning Practice and Licensure. � - � BAIRD, HAMPTON & BROWN engineering and surveying 6300 Ridglea Place. Suite 700 Fort Worth, TX 76116 jmargotta@bhbinc.com • 817.338.1277 • bhbinc.com TBPELS Firm #44,#10011300 � ---------- - �� ____ .. J �in ���.� Margotta S_t�+�!ofTexas Registered Professional Land Surveyor No. 5956 Date: May 27, 2025 ��P.� Ee0 F TF� o \ST e : Q'�G ' ER`�a°9s �• •� a 4� a eeeeeeeeeeeeeeeeeeeeee JOHN G. MARGOTTA eee eeeeeveeeeeveee eve e �0 5956 e s � � • �i . ��� S U R � �yo� Drawing: E:\Survey24\206 Blazing Trail 2\000\Dwg\EASEMENT EXHIBITS\ENCROACHMENT AGREEMENT �1.dwg EXHIBIT B ENCROACHMENT AGREEMENT � 111 Square Feet or 0.003 Acre �� LOT 1-R, BLOCK 1 William Baker Survey, Abst. No. 145 � BLAZING TRAIL ADDITION Clty Of FOrt WOrth, Tdfrdnt COUnty, TexdS �INST. N0. D223150427 � � PRTCT / \ -r �' POC oo-s. �� LOT 1, BLOCK 1 � c°' aem STEPP BUSWESS PARK � � CIRF � �02,� � CAB. B, SLIDE 1767 / � � �P�o�2�,r�, � I PRTCT / 6� � r. T 2oyFy \ / �� � � 9 � ��sT � 1�� = 3�� / � s��� /� � 6' '% e• o p � ,���a ����� ER gtJg�S� �� �� ��� o�s �'� � �\ � � gAK No. /� oT y�O \ I LineTable I / �J jAj�1 ACT / � 20�� �� � ,o wztiv ��rR a,� o� I Line# Direction Length I / A� / ��'nT2c,�F, 0 �i ILl 535°17'23"E 3.00 I / / / / \ � �9O2ys�� \/� � � �2 55,�42�3,��W 3,.00 � ��,� POB �1 ENCROACHMENT �� 9J � IL3 N35°17'23"W 3.00 I S��`�h0 \ j IL4 N54°42'37"E 37.00 I P\�PGo����" �,� �� ��AREA Ft. � � o�o�` �o a�� �� 0.003 Ac � � \ � A REMAINDER OF BLAZING TRAIL, L.P. � DOC. N0. D199046291 � DRTCT � LEGEND: � SURVEYOR'S CERTIFICATION CIRF.......... Found 5/8-Inch Capped Iron Rod Marked "BHB W C' I, John G. Margotta, a Registered Professional Land Surveyor licensed in the State of Texas, do hereby DRTCT.......Deed Records, Tarrant County, Texas dedare that this survey is true and correct and was prepared from an actual survey made under my POB...........Point of Beginning supervision on the ground. Further, this survey conforms to the general rules of procedures and practices POC...........Point of Commencing of the most current Texas Engineering and Land Surveying Practice Acts and Rules Concerning Practice and PRTCT....... Plat Re[ords, Tarrant County, Texas Licensure. .� E o F TF GENERAL NOTES: '�P' °�gT �Bp a� c�e ��G ERF,o;9. - Basis of bearing being U.S. State Plane Grid - Texas North �. � eBe � e Central Zone (4202) NAD83 as established using the ' BBBBBBBBBeaaaaea � AIITerra RTKNet Cooperative Network. Reference frame is � �_ e JOHN G. MARGOTTA BAIRD, HAMPTON 8� BROWN NAD83�2011) Epoch 2010.0000. Distances shown are U.S. , '� .___- _°'°°°°'°°•°•••• � � A 5956 ° e"g�"eef1"g °"d 50fVey�"g Survey feet displayed in surface values. ��, n;�;, Margotta ��,'f'p �Po � 6300 Ridglea Place, SURe 700 Fort Worth, TX 76116 5� e of Texas Reglstered Professlonal Land SuNeyor �jL eESS�� ! l� �margotta@bhbinc.com • 817.336.1277 • bhbinc.com No. 5956 O s` U R v� TBPELS Firm #44, #100113�� Date: May 27, 2025 �rawing: E:\Survey24\206 Blazing Trail 2\000\Dwq\EASEMENT EXHIBITS\ENCROACHMENT AGREEMENT #i.dwg , N v � "�\ \ � .. � � � N�� ���� � �� c� � O,� O� u ; �/y E �9i � 0 �� � �C, �,�� � � �� �� � �� � �C g ��.�� �O� / � �� � � 100 50 0 100 200 ��' � / �� � i � �� ���� , �� � GRAPHIC SCALE: 1" = 100Feet ,�,e��,s� ���� i � � �� � �� �"4 � � o� e`��5��� • � i ���� ` � � � �\ �, � � 5.��c �. �Q �� � �� � �oP�' / � ��P�� �� �`� ,��1 � i �� / � �� �� \ ���µ,� / ����%� �\: � � i _ so � � r� i �� � i� ��� ����"\�- � �/ � , \� / �;, y� � \ � � � ��� / `�`�� ��'�` � � �2�P� � � ' � � / >C�G% � '�� / ,� \ \ / /j� � , � ✓ :�C'? \� � �/ � ��� i �P� �� / � � ��`' °��� � � ��y `��o� CQ , ��G �� � �� Q���� �� ����,P'1�b\ � o \ �\� �� �y� � �� ,00° \ �Py s \ ,� a y^', �oo \ \ �o \ �°�\ � //� OWNED/DEVELOPEDBY: BLAZING TRAIL cJ�2g�2O2�J �� B ENGINE RING & SLIRVBEY❑ING BLAZINGTRPJL,LP DEVELOPME�IT PHL 6300 Ridglea Place, Ste. 700, Fl Worlh, TX 76116 5300 CAMP BOVNE BLVD FORT WORTH, TX 761 U7 mailObhbinc.com 817-338-1277 wwwbhbinacom �e P,,;,� „o2,.Z�.�o �E �� F_„ ,�� F,m ,�,,,� TELE:214-334-4811 ENCROACHMENT EXHIBIT (OVERALL LOCATION) I . I ------------------' —J NRo�t�i�� uNE � — -►r� —A— � � � o � PUBLIC 8'x�' R;B � � � � STORM � DRAIN r� D � � �p I �� "� I v � �� c� �m � � �� L J m � iJ� � I � o � E4�3' � _� r �� ,� , �� � � ��/ �—�T�P��i ��AiN T _ ENCROACHMENT (111 SF1� � PRIVATE STORM J � — ' DRAIN HE�,DJV�LL ���� PRIVATE 36" RCP �� �, � STCRM DRAIN � � �� � �i i�-�� I � � F S 30 15 0 30 60 GRAPHIC SCALE:1" = 30 Feet ��� BAIRD, HAMPTON & eRowN OWNED/DEVELOPED BY: � ENGINEERING & SLIRVEYING BLAZINGTRPJL,LP 6300 Ridglea Place, Ste. 700, Fl Worlh, TX 76116 5300 CAMP BOVNE BLVD FORT WORTH, TX 761 U7 mailObhbinc.com 817-338-1277 wwwbhbinacom eHe Pro�acc A�o2s.zo6.000 �eE �� r—a iev�s r.m ioottaoo TELE:214-334-4811 36" RCP STORM DRAIN PROFILE 640 635 � 630 62� 62� �� �E � I 3' ENceoAciii�E�ir � i =� �� I =�'I�� > w 1 � I � Ex sTiN�� w ���uN[;—, I � ,—� 6 �I 0 � 635 PRC�PCSI-D GRC�UND � —�� 630 ' — —1 — _ / zF �� ►��P �Riv�rE � ' sTCRi i �r�Airi ' ------ ---- 615 ' �' —0+25 0+00 0+50 ' 615 1 +00 � PROFILE SCALE 1 "=�o' H i "=e v � B�AZING TRAIL DEVE�OPMENT PH2 5/28/�C25 ELEVATION/PROFILE EXHIBIT ENCROACHMENT #1 625 620 EXHIBIT B Certificate of Insurance Tier II Easement Encroachment Agreement Page 12 of 12 Standard Revised 12/2022 FORT ��RTH� City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: BLAZING TRAIL, L.P. Subject of the Agreement: Tier II Encroachment M&C Approved by the Council? * Yes ❑ No 8 If �so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 8 If �so, provide the original contract number and the amendment number. Is the Contract "PermanenY'? *Yes ❑ No 8 If �unsure, see back page for pernianent contract listing. Is this entire contract Confidential? *Yes ❑ No 8 If only specific information is Confidential, please list what information is Confidential and the page it is located. Certificate of Insurance Effective Date: Date Director signs Expiration Date: 30 years from execution If different from the appv�oval date. If applicable. Is a 1295 Form required? * Yes ❑ No 8 *If �so, please ensure it is attached to the approving M&C or attached to the contract. Proj ect Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 No ❑ Contracts need to be routed for CSO processin� in the followin� 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.