HomeMy WebLinkAbout064854 - General - Contract - 9500 South Fwy. L.L.C.Date Received: 3/11 /2026
Record Number: PN25-00122
Time Received: 2' 14 p. m. City Secretary No.: 64854
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
TIER II
THIS AGREEMENT is made and entered into by and between THE CITY OF
FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"),
acting by and through its duly authorized City Manager, Assistant City Manager, or
Director of the Development Services Department, and 9500 South Fwy. L.L.C., a Texas
limited liability company ("Licensee"), acting by and through its duly authorized
representative.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 9500 South
Freeway, Fort Worth, Texas 76140 ("Property"), being more particularly described as,
Jessie B. Renfro Survey Abstract 1273, an addition to the City of Fort Worth, Tarrant
County, Texas, as recorded in Deed Records, by Instrument Number D226006781; and
WHEREAS, the City owns a water facility easement and water main (the
"Public Property") adjacent to the property, dedicated to the City in an easement filed in
the Tarrant County Deed Records as Instrument Number D207411278 and Volume 8872,
page 783 in Tarrant County Deed Records as Instrument Number D187324169; 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
-.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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 storm drain (the "Encroachment"). Upon completion of the
Tier II Easement Encroachment Agreement Page 1 of 12
Standard Revised 1212022
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.
:!
Licensee agrees that City may enter and utilize the Public Property at any time for
any public purpose, including installing, repairing, replacing, or maintaining
improvements to its public facilities or utilities necessary for the health, safety, and
welfare of the public. The City shall have no responsibility or liability for any damages
related to the Encroachment resulting from the City's use of the Public Property;
however, the City shall make reasonable efforts to minimize such damage.
5.
Upon termination of this Agreement, Licensee shall, at the option of and at no
expense to the Gity, remove the Encroachment and restore the Public Property to a
condition acceptable to the Director of Transportation and Public Works, the Director of
the Water Department, the Director of the Development Services Department or their
Tier 1I Easement Encroachment Agreement Page 2 of 12
Standard Revised 12/2022
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
(51012.50).
7.
The term of this Agreement shall be for thirty (30) years, commencing on the
date this Agreement is executed by City. However, the City may terminate this
Agreement upon Licensee's noncompliance with any of the terms of this Agreement.
City shall notify Licensee in writing of any such noncompliance and if Licensee does not
cure the noncompliance within thirty (30) days of notice from City, the City may
terminate this Agreement. However, the City may, at its sole option, allow the Agreement
to remain in effect so long as Licensee has taken reasonable measures to cure the
noncompliance or is continuing to diligently attempt to remedy the noncompliance.
8.
It is further understood and agreed between the parties hereto that the Public
Property to be used and encroached upon is held by City as trustee for the public; that
City exercises such powers over the Public Property as have been delegated to it by the
Constitution of the State of Texas or by the Texas Legislature; and that City cannot
contract away its duty and its legislative power to control the Public Property for the use
and benefit of the public. It is accordingly agreed that if the governing body of City may
at any time during the term hereof determine in its sole discretion to use or cause or
permit the Public Property to be used for any other public purpose, including but not
being limited to underground, surface, or overhead communication, drainage, sanitary
sewerage, transmission of natural gas or electricity, or any other public purpose, whether
presently contemplated or not, that the parties agree to negotiate in good faith in order to
accommodate both the Encroachment and the public purpose.
Tier II Easement Encroachment Agreement Page 3 of 12
Standard Revised 12/2022
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 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 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 Iocal 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.
M
Licensee agrees and acknowledges that this Agreement is solely for the purpose
of permitting Licensee to construct, maintain, and locate the Encroachment over or within
the Public Property and is not a conveyance of any right, title, or interest in or to the
Public Property, nor is it meant to convey any right to use or occupy property in which a
third -party may have an interest. Licensee agrees that it will obtain all necessary
permissions before occupying such property.
16.
In any action brought by the City for the enforcement of the obligations of the
Licensee, City shall be entitled to recover interest and reasonable attorneys' fees.
Tier II Easement Encroachment Agreement Page 5 of 12
Standard Revised 12/2022
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 tor�the new owner of the Property, and Licensee shall be deemed released
from its duties and obligations hereunder upon City's approval in writing of such
assignment, which approval shall not be unreasonably conditioned or withheld.
Foreclosure by a secured lender of Licensee or assignment to a secured lender by
Licensee in the event of default or otherwise shall not require City approval provided that
said lender notifies City in writing within sixty (60) days of such foreclosure or
assignment and assumes all of Licensee's rights and obligations hereunder. However, no
change of ownership due to foreclosure or assignment to any secured lender of Licensee
shall be effective as to City unless and until written notice of such foreclosure or
assignment is provided to City.
19.
Prior to the end of the term of this Agreement, Licensee may submit a new
encroachment application to the City. The City will not unreasonably withhold or delay
approval of such application provided that the Encroachment follows the then current
City codes and compliance.
20.
Any cause; of action for breach of this Agreement shall be brought in Tarrant
County, Texas. This Agreement shall be governed by the laws of the State of Texas.
21.
This Agreement shall be binding upon the parties hereto and their successors and
assigns.
22.
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument.
Tier II Easement Encroachment Agreement Page 6 of 12
Standard 1. Revised 12/2022
(SIGNATURES APPEAR ON FOLLOWING PAGE]
Tier Il Easement Encroachment Agreement Page 7 of 12
Standard Revised 12/2022
E
EXECUTED to be effective on the date signed by the City's Director of
Development Services Department
City:
CITY OF FORT�`WORTH
Y• Dalton Harrell (Mar 10, 2026 11:15:42 EDT)
D. J. Harrell
Director, Development Services Department
Date: 03/10/2026
.00nvnp4Il
00
ATTEST: 'tee 9=°0, Approved As To Form and Legality
_ A a°n�n�zo54a
Jannette Goodall, Hye Won Kim
City Secretary 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
Contract Compliance Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Tier R Easement Encroachment Agreement Page 8 of 12
Standard Y Revised 1212022
Licensee:
9500 South Fwy. L.L.C.,
a Texas limited liability company
y: Texas Capitalization Resource Group, Inc.
a Texas corporation
By:
Name: Robert L. Patton, Jr.
Title: President
Date: � 1
STATE OFGGIA5 §
COUNTY OF UmLt�—§
�Mfthe undersigned authority, a Notary Public in and for the State of
on this day personally appeared Robert L. Patton, Jr., President 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 Texas Capitalization Resource Group, Inc., a
Texas corporation, and in the capacity therein stated.
L OF OFFICE this ay
of
CHERYL L. COUCH
x° : �S Notary Public, State of Texas
: Comm. Expires 04-28-2030
lit, ,r`�� Notary ID 125016697
Tier II Easement Encroachment Agreement Page 9 of 12
Standard Revised 12/2022
! *THIS PAGE FOR CITY OF FORT WORTH OFFICE USE ONLY ---
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the,State of
Texas, on this day personally appeared D. J. Harrell, known tome to be .thee 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 10t"day of
March , 2026.
Notary Public in and for the State of Texas
AW�ireiy Lea Wallaca
My C ommise l an Expires
' ; • 911 QL2028
rotary M1350B2586
s
Y M1
Ir t
Tier II Easement Encroachment Agreement
Standard
Page IO of 12
Revised I212022
EXHIBIT A
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement Page 11 of 12
Standard Revised 12/2022
Ikq
VICINITY MAP
3
M
1
PROJECT LOCATION
TARRANT COUNTY
MAPSCO F105-S
VICINITY MAP
(NOT TO SCALE)
DEVELOPER: TCRG
WESTWOOD PROFESSIONAL SERVICES
CONTACT: RYAN WOOD
50K INDUSTRIAL
PM: PRESTON BARTLEY
5201 CAMP BOWIE BLVD
CITY PROJECT NO. NIA
4060 BRYANT 1RVIN RD.
FORT WORTH, TX 7610'I
IPRC NO. NIA
FORT WORTH, TX 76109
PH: 817.626.9898
PH: 817.412.7155
EASEMENT ENCROACHMENT NO. 1
Part of 9500 South FWY. L.L.C. Tract
Jesse B Renfro Survey, Abstract No. 1273
City of Fort Worth, Tarrant County, Texas
DESCRIPTION, of a 225 square foot (0.005 acre) tract of land situated in the Jesse B Renfro Survey,
Abstract No. 1273, Tarrant County, Texas; said tract being part of the tract of land described in General
Warranty Deed to 9500 South FWY. L_L.C. recorded in Instrument No. D226006781 in the Official Public
Records of Tarrant County, Texas; said 225 square foot (0.005 acre) tract being more particularly described
as follows: (bearing System for this survey is based on the Texas Coordinate System of 1983 (2011
adjustment), North Central Zone 4202, based on observations made on June 27, 2025 with a combined
scale factor of 1.00012);
BEGINNING, at a 112-inch iron rod in the west right-of-way line of Interstate Highway No. 35-W (a variable
width right-of-way) for the northeast corner of said 9500 South FWY. L.L.C. tract and the southeast corner
of Lot 1, Block 1, HTLI Addition, an addition to the City of Fort Worth according to the plat recorded in
Instrument No. D225131713 of said Official Public Records; from said point a 1/2-inch iron rod found for an
angle point bears North 01 degrees, 53 minutes, 30 seconds West, a distance of 174.73 feet;
THENCE, South 01 degrees, 53 minutes, 55 seconds East, along said west line of Interstate Highway No.
35-W and the east line of said 9500 South FWY. L.L.C. tract, a distance of 15.00 feet to a point for corner,
THENCE, South 89 degrees, 17 minutes, 45 seconds West, departing said west line of Interstate Highway
No. 35-W and said east line of 9500 South FWY. L.L.C. tract, a distance of 15.00 feet to a point for corner
in the west line of an existing Permanent Water Facility Easement recorded in Instrument No. D207411278
of said Official Public Records;
THENCE, North 01 degrees, 53 minutes, 55 seconds West, along said west line of existing Permanent
Water Facility Easement, a distance of 15.00 feet to a point for comer in the north line of said 9500 South
FWY. L.L.C. tract and the south line of said Lot 1;
THENCE, North 89 degrees, 17 minutes, 45 seconds East, along said north line of 9500 South FWY. L.L.C.
tract and said south line of Lot 1, a distance of 15.00 feet to the POINT OF BEGINNING;
CONTAINING: 225 square feet or 0.005 acres of land, more or less.
(A survey plat of even survey date herewith accompanies this description. )
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description
accurately sets out the metes and bounds of the easement encroachment tract described.
C. 2026-01-30
Dustin C. Pustejovsky Date
Registered Professional Land Surveyor No. 6690
9800 Hillwood Pkwy, Suite #250, Fort Worth TX, 76177
(817) 562-3350
TX Reg. Surveying Firm LS-10074301
R0039337.07 EX2_Easement Encroachment Agreement.doc
3949-21.647EX2.dwg 5LP
PAGE 1 OF 2
F
DUSTIN G. PUSTEJOVSKY
6690 Pv
J
d
LEGEND
— — PROPERTY LINE
EASEMENT LINE
_ — EXISTING EASEMENT
LINE
O POINT FOR CORNER
(UNLESS OTHERWISE NOTED)
(C.M.) - CONTROLLING MONUMENT
IRF - 1/2-tNCH IRON ROO FOUND
P.O.B. POINT OF BEGINNING
EASEMENT
ENCROACHMENT NO. 1
225 SF
LOT 1, BLOCK 1 (0.005 ACRES)
HTLI ADDITION I
(INST. NO. D225131713) N 89017'45" E
— 15.00'
N 01053'55"
15.
C�
0 10 20 40
GRAPHIC SCALE IN FEET
IRF (C.M.)
N 01 °53'30" W
174.73'
l
P.O.B.
F (C.M.)
01 °53'55" E
5.00'
9500 SOUTH F"WY. Ll.C. I
(INST. NO. D226006781) S 89017'45" W
15.00' I
10' PERMANENT WATER
MAIN EASEMENT
(VOL, 8872. PG. 783) l
PERMANENT WATER y 1 I
FACILITY EASEMENT
(INST. NO. D207411278)
The undersigned, Registered Professional Land
Surveyor, hereby certifies that this plat of OF r
survey accurately sets out they metes and �P� 15ipF
bounds of the easement encroachment tract
described.
............................
OUSTIN C. FUSTEJOVSKY
�'. A9 6690
z
2026-01-30 SUDustin C. Pusysky---^ Date
Registered Professional TX REG. ENGINEERING FIRM F-11756
Land Surveyor No. 6690
TX REG. SURVEYING FIRM LS-10074301
Westwood 9800 HI!lWOOD PARKWAY
SUITE 250
FORT WORTH, TX 76177
517.562.3350
DRAWN BY CHECKED BY SCALE DATE JOB NUMBER
MMJ AMB/DCP ]" AI JULY 2025 3949-21.647
R931 l*3111
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0
1. A metes and bounds description of even
survey date herewith accompanies this plat of
survey.
2. Bearing system for this survey is based on the
Texas Coordinate System of 1983 (2011
adjustment), North Central Zone 4202, based
on observations made on June 27, 2025 with
a combined scale factor of 1.00012.
EASEMENT
ENCROACHMENT NO. 1
PART OF
9500 SOUTH FWY. L.L.C. TRACT
JESSE B RENFRO SURVEY, ABSTRACT NO. 1273,
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
PAGE 2 OF 2
EASEMENT ENCROACHMENT NO. 2
Part of 9500 South FWY. L.L.C. Tract
Jesse B. Renfro Survey, Abstract No. 1273
City of Fort Worth, Tarrant County, Texas
DESCRIPTION, of a 409 square foot (0.009 acre) tract of land situated in the Jesse B Renfro Survey, Abstract No. 1273,
Tarrant County, Texas; said tract being part of that tract of land described in General Warranty Deed to 9500 South FWY.
L.L.C. as recorded in Instrument No. D226006781 of the Official Public Records of Tarrant County, Texas; said 409 square
foot (0.009 acre) tract being more particularly described as follows: (bearing System for this survey is based on the Texas
Coordinate System of 1983 (2011 adjustment), North Central Zone 4202, based on observations made on June 27, 2025
with a combined scale factor of 1.00012);
COMMENCING, at a 112-inch iron rod with " SPIARS ENG INC' cap found in the west right-of-way line of Interstate Highway
No. 35-W (a variable width right-of-way) for the southeast corner of said 9500 South FWY. L.L.C. tract and the northeast
corner of Lot 1, Block 1, RaceTrac Risinger, an addition to the City of Fart Worth according to the plat recorded in Instrument
No. D225093233 of said Official Public Records;
THENCE, North 09 degrees, 32 minutes, 33 seconds West, along said west line of Interstate Highway No. 35-W
and the east line of said 9500 South FWY. L.L.C. tract, a distance of 5.34 feet to a 1/2-inch iron rod with
'WESTWOOD PS" cap found for an angle point;
THENCE, North 02 degrees, 37 minutes, 55 seconds West, continuing along said west line of Interstate Highway
No. 35-W and said east line of 9500 South FWY. L.L.C. tract, a distance of 129.35 feet to the POINT OF
BEGINNING;
THENCE, South 87 degrees, 25 minutes, 11 seconds West, departing said west line of Interstate Highway35-W and said
east line of 9500 South FWY. L.L.C. tract, a distance of 15.00 feet to a point for corner in the west line of an existing
Permanent Water Facility Easement recorded in Instrument No. D207411278 of said Official Public Records;
THENCE, North 02 degrees, 37 minutes, 55 seconds West, along said west line of existing Permanent Water Facility
Easement, a distance of 27.24 feet to a point for corner;
THENCE, North 87 degrees, 25 minutes, 11 seconds East, departing said west line of existing Permanent Water Facility
Easement, a distance of 15.00 feet to a point for corner in said west line of Interstate Highway No. 35-W and said east line
of 9500 South FWY. L.L.G. tract;
THENCE, South 02 degrees, 37 minutes, 55 seconds East, along said west line of Interstate Highway No. 35-W and said
east line of 9500 South FWY. L.L.C. tract, a distance of 27.24 feet to the POINT OF BEGINNING;
CONTAINING: 409 square feet or 0.009 acres of land, more or less.
(A survey plat of even survey date herewith accompanies this description)
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets
out the metes and bounds of the easement encroachment tract described.
2026-01 •-30
co
............
613571N
Dustin C. Pustejovsky Date
C. PUSiE.....
. A 61
Registered Professional Land Surveyor No. 66909oFss�o�'P�
9800 Hillwood Pkwy, Suite #250, Fort Worth TX, 76177
pQ
tip StJ�
(817)562-3350
TX Reg. Surveying Firm LS-10074301
R0039337.01_EX3_Easement Encroachment Agreement.doc
3949-21.647EX3.dwg 5LP
PAGE 'I
OF 2
N
N
O
La
a
c�
0 10 20 40
GRAPHIC SCALE IN FEET
II
N 87025'11" EI
`I `
15.00'l , I
EASEMENT ENCROACHMENT
NO. 2 00
409 SF
(0.009 ACRES)
9500 SOUTH FWY. L.L.C.
(INST. NO. D226006781) N 02037'55" �A
27.24
�S 02037'55" E
27.24'
P.O.B.
6 ;
z
S 87025'11" Wr
{
(I�
15.00
r l
10' PERMANENT WATER
MAIN EASEMENT
LM
(VOL, 8872, PG. 783)
3
PERMANENT WATER
a�
FACILITY EASEMENT
�!
(INST. NO. D207411278)
N 02037*55" W
129.35'
LEGEND
— PROPERTY LINE
EASEMENT LINE
_ EXISTING EASEMENT
LINE
0 PUNT FOR CORNER
(UNLESS OTHERWISE NOTED)
(C.M.) -- CONTROLLING MONUMENT
P.O.B. POINT OF BEGINNING
P. O- C. POINT OF COMMENCING
1/2—INCH IRON ROD W/ N 09�32'33" W
"WESTWOOD PS" CAP 5.34'
FOUND (C.M.) 1/2-INCH IRON ROD W/
"SPIARS ENG INC"
LOT 1. BLOCK 1 l CAP FOUND (C.M.)
RACETRAC RISINGER
(INST. NO. D225093233) � P. Q.C.
1
The undersigned, Registered Professional Land
Surveyor, hereby certifies that this plat of OF
survey accurately sets out the metes and �Q�Q yST�R Q
bounds of the easement encroachment tract �; N
described.
DUSTIN C, PUSTESOVSKY
............................
A� 6690
2026-01-30
9�Q SUR\J
Dustin C. Pustejov0-=----Date
Registered Professional TX REG. ENGINEERING FIRM F-11756
Land Surveyor No. 6690
TX REG. SURVEYING FIRM LS-10074301
9800 HILLWOOD PARKWAY
Westwood SUITE 250
FORT WORTH, TX 76177
817.562.3350
DRAWN BY I CHECKED BY I SCALE DATE JOB NUMBER
MMJ AMB/DCP 1"=20' JULY 2025 3949--21.647
NOTES:
1. A metes and bounds description of even
survey date herewith accompanies this plat of
survey.
2. Bearing system for this survey is based on the
Texas Coordinate System of 1983 (2011
adjustment), North Central Zone 42021 based
on observations made an June 27, 2025 with
a combined scale factor of 1.00012.
EASEMENT
ENCROACHMENT NO. 2
PART OF
9500 SOUTH FWY. L.L.C. TRACT
JESSE B RENFRO SURVEY, ABSTRACT NO. 1273,
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
PAGE 2 OF 2
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EXHIBIT B
Certificate of Insurance
Tier II Easement Encroachment Agreement
Standard
Page 12 of. 12
Revised 12/2022
FORT WORTH.
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: TCRG OPPORTUNITY XV LLC
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 "Permanent"? *Yes ❑ No 8
If unsure, see back page for permanent 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
If different from the approval date.
Expiration Date:
30 years from execution
If applicable.
Is a 1295 Form required? * Yes ❑ No
*If so, please ensure it is attached to the approving M&C or attached to the contract.
Project Number: If applicable.
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes 8 No ❑
Contracts need to be routed for CSO processing in the following order:
rder:
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.