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HomeMy WebLinkAbout065004 - General - Contract - M25 on the Rail, LLCDate Received: 4/9/2026 Time Received: 9 : 04 a.m. Record Number: PN26-00048 City Secretary No.:65004 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER 11 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 M25 on the Rail, LLC, 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 2645 Stanley Avenue, Fort Worth, Texas 76110 ("Property"), being more particularly described as being a tract or land located in the W.B. Tucker Survey, Abstract No. 1562, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Deed Records, by Instrument Number D224178541; and WHEREAS, the City owns a public access easement (the "Public Property") adjacent to the Property, dedicated by plat, depicted on the final plat of the property (FS- 25-313), which plat is recorded in the plat records of Tarrant County as Instrument D226027811; 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 If 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 balconies (the "Encroachment"). Upon Tier II Easement Encroachment Agreement Page 1 of 12 Standard Revised 12/2022 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. 0 Licensee, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or future utilities affected by such Encroachment and the use and occupancy of the Public Property, including the securing the approval and consent of the appropriate utility companies and agencies of the State of Texas and its political subdivisions. In the event that any installation, reinstallation, relocation, or repair of any existing or future utility or improvements owned by or constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance, or existence of the Encroachment and use of Public Property, Licensee shall pay to City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department, or their duly authorized representative. 4. Licensee agrees that City may enter and utilize the Public Property at any time for any public purpose, including installing, repairing, replacing, or maintaining improvements to its public facilities or utilities necessary for the health, safety, and welfare of the public. The City shall have no responsibility or liability for any damages related to the Encroachment resulting from the City's use of the Public Property; however, the City shall make reasonable efforts to minimize such damage. 5. Upon termination of this Agreement, Licensee shall, at the option of and at no expense to the City, remove the Encroachment and restore the Public Property to a condition acceptable to the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department or their Tier II Easement Encroachment Agreement Page 2 of 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 ($1012.50). is 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 01 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. 11. Tier II Easement Encroachment Agreement Page 4 of 12 Standard Revised 12/2022 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. lb. 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 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. 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 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 By: Dal[or�(Ap�10c 57 CD D. J. Harrell Director, Development Services Department Date: 04/06/2026 ovv4Un FORt �a ATTEST: oApproved As To Form and Legality °od cztc % .,�ams-: QQ4n nE°X�°p5,00<. Jannette Goodall, Tayler Canton 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. JAJ� Kandice Merrick Contract Compliance Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II Easement Encroachment Agreement Page 8 of 12 Standard Revised 12/2022 Licensee: M25 on the Rail, LLC a Texas limitacHiabilil By: Name: Troy Kunkel Title: f Mana er ` Date: ! 5`ZDzc STATE OF U a,S § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public in and for the State of on this day personally appeared (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 M qB&L a L LC, (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 44n day of "Ir , 2024. Notary ublic in and for the State of f e1GtS MAOELYN JOHNSON Notary pI Shte ofmy Texas mmtaston .res NOTE ID f 3�,I Tier II Easement Encroachment Agreement Standard Page 9 of 12 Revised 12/2022 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared D. J. Harrell, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of the City of Fort Worth, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 6 day of April � 202 6 Notary Public in and for the State of Texas Audrey Lea Waflaca My Com isslon Cxpke-s fv Notaq 4D 135082586 Tier II Easement Encroachment Agreement Standard Page 10 of 12 Revised 12/2022 EXHIBIT A Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page 11 of 12 Standard Revised 12/2022 ENCROACHMENTARF.A #1 32oSQFTOR o.007ACRESOFLAND L07S5R-8R STANLEYA VETOWNHOMES INST. NO" D226027811 O.P.R.T.C.T" FORT WORTH & W.B. TUCXERSURVEY,ABSTRACTNO.1562 WESTERN RAILROAD COMPANY C=OFFORT WORTH, TARRAN7'COLWY- 'TEXAS INST. No. D205148242 O.P.R.T.C.T. POB 5/8 C1RF 0 r/I U I I 5/8 CIRF 10' ONCOR EASEMENT L 10 INST. NO. D225175766 r- 0. P. R. T. C. T. cC I ARIABLE WIDTH PAE f/Al ST. NO. D225175766 5/8 CIRF 0. P. R. T. C. T. I L8 J�_J I I 5/8 CIRF ----� L7 14' X 15' TRANSFORMER PAD INST. NO. D225175766 \ 0. P. R. T. C. T. 1 1R LEGEND: POO POINT OF BEGINNING POC POINT OF COMMENCING IRF IRON ROD FOUND CM CONTROLLING MONUMENT NOTES: 1. LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS EASEMENT DRAWING. 2. BEARINGS REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE. NAD *83. ALL DISTANCES ARE GROUND DISTANCES. 518 2R 3R PTBPE SHIELD ENGINEERINGLS ENGINEERING #F-11039, SURVEYING #10193890 12 1 8R I VARIABLE WIDTH SSE I INST. NO. 0225175766 1 —L2 O.P.R.T.C.T. — — 1 1 ENCROACHMENT 1 �-- AREA #1 320 SQUARE FEET OR 0_007 ACRES Lo m 6R �W to �QZd � I 5R � �' L4 z z L5 4R O I LINE TABLE LINE # BEARING LENGTH L1 S89`31'40"W 20.4T L2 SOOW33"E 5.04' L3 S89"31'40"W 60.00' L4 SOO°2W33"E 1.82' L5 S89"31'40"W 0.49 L6 NGO°24'48"W 4.78' L7 N89"33'05"E 40.41' L8 NOO°19'37"W 3.02' L9 N8932'56"E 20.06' L10 NOO"24'33"W 3.01, L11 N89"33'02"E 20.4T L12 SOO'28'20"E 3.93' /a 4 p 0 20 40 GRAPHIC SCALE IN FEET SHEET 1 OF 2 ENCROACHMMTAREA #1 32oSQ1, TOR o.007ACRESOFLAND LO7 5R-8RSTANLEYAVE70WNHOMES INST. NO.. 2260278110.F..ATC.T. W. B8 7UMERSURVEY, A A 5 TRA C TNO 1562 0YYOFFORT WORM TARRAATCOUNTYTEAAS BEING A TRACT OF LAND SITUATED IN THE W.B. TUCKER SURVEY ABSTRACT NUMBER 1562, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, AND BEING ALL OF A CERTAIN TRACT OF LAND DESCRIBED BY DEED TO M25 ON THE RAIL, LLC, TEXAS LIMITED LIABILITY COMPANY, AS RECORDED UNDER INSTRUMENT NUMBER D224178541, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS (O.P.R.T.C.T.) AND BEING A PORTION OF LOTS 5R, 6R, 7R AND 8R, OF BLOCK A AS SHOWN ON THE REPLAT OF STANLEY AVE TOWNHOMES RECORDED UNDER INSTRUMENT NO. D226027811, O.P.R.T.C.T. AND MORE PARTICULARLY DESCRIBED BY THE METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8 INCH IRON ROD WITH A CAP STAMPED "SHIELD ENGINEERING" FOUND BEING THE NORTHEAST CORNER OF SAID LOT 811; THENCE SOUTH 00"28'20" EAST ALONG THE EAST LINE OF LOT 8R, A DISTANCE OF 3.93 FEET TO A POINT; THENCE SOUTH 89'31'40" WEST, OVER AND ACROSS LOT 8R, A DISTANCE OF 20.47 FEET, TO A POINT IN THE COMMON WEST LINE OF LOT 811 AND THE EAST LINE OF LOT 7R; THENCE SOUTH 00"24'33" EAST ALONG SAID COMMON LINE, A DISTANCE OF 5.04 FEET, TO A POINT; THENCE SOUTH 89°31'40" WEST OVER AND ACROSS LOTS 7R, 6R, AND 5R, A DISTANCE OF 60.00 FEET, TO A POINT, THENCE SOUTH 00"24'33" EAST, CONTINUING OVER AND ACROSS LOT 5R, A DISTANCE OF 1.82 FEET, TO A POINT; THENCE SOUTH 89"31'40" WEST, CONTINUING OVER AND ACROSS LOT 5R, A DISTANCE OF 0.49 FEET, TO A POINT IN THE WEST LINE OF LOT 5R, BEING THE NORTHWEST CORNER OF LOT 4R, BLOCK A OF SAID REPLAT OF STANLEY AVE TOWNHOMES; THENCE NORTH 00"24'48" WEST, ALONG THE WEST LINE OF LOT 5R, A DISTANCE OF 4.78 FEET, TO A 5/8 INCH IRON WITH A CAP STAMPED "SHIELD ENGINEERING" FOUND AT THE NORTHWEST CORNER OF LOT 511; THENCE NORTH 89`33'05" EAST, ALONG THE SOUTH LINES OF LOTS 5R AND LOT 6R, A DISTANCE OF 40.41 FEET, TO THE NORTHEAST CORNER OF LOT 6R IN THE WEST LINE OF LOT 7R; THENCE NORTH 00"19'37" WEST, ALONG THE WEST LINE OF LOT 7R, A DISTANCE OF 3.02 FEET, TO A 5/8 INCH IRON ROD WITH A CAP STAMPED "SHIELD ENGINEERING" FOUND AT THE NORTHWEST CORNER OF LOT 711; THENCE NORTH 89"32'56" EAST, ALONG THE NORTH LINE OF LOT 7R, A DISTANCE OF 20.06 FEET, TO A 5/8 INCH IRON WITH A CAP STAMPED "SHIELD ENGINEERING" FOUND AT THE NORTHEAST CORNER OF LOT 7R, IN THE WEST LINE OF LOT 811; THENCE NORTH 00"24'33" WEST, ALONG THE WEST LINE OF LOT 8R, A DISTANCE OF 3.01 FEET, TO A 5/8 INCH IRON FOUND WITH A CAP STAMPED "SHIELD ENGINEERING" FOUND AT THE NORTHWEST CORNER OF LOT 8R; THENCE NORTH 89'3T02' EAST, ALONG THE NORTH LINE OF LOT 8R, A DISTANCE OF 20.47 FEET, TO THE POINT OF BEGINNING AND SQUARE FEET OR 0.007 ACRES OF LAND, MORE OR LESS. ..................... COD.. WATSON ..................... 7056 -- ���FsuRv.{� SHIELD ENGINEERING TBPELS ENGINEERING #F-11039, SURVEYING #10193890 CODY WATSON R.P.L.S. No. 7056 DATED: 03-11-2026 320 SHEET 2 OF 2 LEGEND: VARIABLE WIDTHENCROACf HEAT POB 18oSQl,T0Ro.004ACRESOFL4ND POC IRF LOTSIR3RSTANLEYAVETOWNHOMES CM INST. NO. D226o27811 O.P.R.T.C.T. FORT WORTH & W.B.7UC"RSURVEY,ABSTRACTNO.I,s62 WESTERN RAILROAD COMPANY CITYOFFORTWORTH, TARRAATCOUIVTY2FXAS INST. No. D205148242 O.P. R. T. C. T. " " - r / /I / ,I I I VARIABLE WIDTH PAE INST. NO. D225175766 O.P.R.T.C.T. I ' J_J I I 14' X 15' TRANSFORMER AlP INST. NO. D225175766 \ 0. P. R. T. C. T. 0 `�\xxxx%%: �`\\\\\ I I 2R I � NOTES. 1. LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS EASEMENT DRAWING. 2. BEARINGS REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE. NAD W. ALL DISTANCES ARE GROUND DISTANCES. — 3R k SHIELD ENC3INEERINC3 ELS ENGINEERING #F-11039, SURVEYING #10193890 8R VARIABLE WIDTH SSE INST. NO. D225175766 1 O. P. R. T. C. T. I 1 7R �I I `1 611 Z I �ZO �Q20 N� 5R L4i1� I QZ ENCROACHMENT AREA #2 180 SQUARE FEET OR 0.004 ACRES POB L1 518 CIRF BLOCK A 4R POINT OF BEGINNING POINT OF COMMENCING IRON ROD FOUND CONTROLLING MONUMENT LINE TABLE LINE # BEARING LENGTH L1 S89031'40"W 3.00, L2 N00°28'20"W 59.95' L3 N89"31'40"E 3.00' L4 SOO"28'23"E 1 59.95' 0 20 40 GRAPHIC SCALE IN FEET SHEET 1 OF 2 VA9["LE WIDTHENCROACHMENT 18oSQFTOR aoo¢ACRESOFLAND L07S1R 3R STANLEYA VETOWNHOMES INST. NO. D2260278110.P.AT.C.T. W B. MMERSURVEY, ABSTRACTN0.1562 CI7YOFFORT WORTH, T9RRANTCOUN7YTF.XAS BEING A TRACT OF LAND SITUATED IN THE W.B. TUCKER SURVEY ABSTRACT NUMBER 1562, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, AND BEING ALL OF A CERTAIN TRACT OF LAND DESCRIBED BY DEED TO M25 ON THE RAIL, LLC, TEXAS LIMITED LIABILITY COMPANY, AS RECORDED UNDER INSTRUMENT NUMBER D224178541, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS (O.P.R.T.C.T.) AND BEING A PORTION OF LOTS 1R, 211 AND 3R, OF BLOCK A AS SHOWN ON THE REPLAT OF STANLEY AVE TOWNHOMES RECORDED UNDER INSTRUMENT NO. D226027811, O.P.R.T.C.T. AND MORE PARTICULARLY DESCRIBED BY THE METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8 INCH IRON ROD WITH A CAP STAMPED "SHIELD ENGINEERING" FOUND BEING THE SOUTHEAST CORNER OF SAID LOT 311; THENCE SOUTH 89"31'40" WEST, ALONG THE COMMON SOUTH LINE OF LOT 311 AND THE NORTH LINE OF LOT 4R, BLOCK A OF SAID REPLAT OF STANLEY AVE TOWN HOMES, A DISTANCE OF 3.00 FEET, TO A POINT THENCE NORTH 00°28'20" WEST, TRAVELING OVER AND ACROSS LOTS 3R, 2R, AND 1R, A DISTANCE OF 59.95 FEET TO A POINT IN THE NORTH LINE OF LOT iR; THENCE NORTH 89"31'40" EAST, ALONG THE NORTH LINE OF LOT 1R, A DISTANCE OF 3.00 FEET TO A 5/8 INCH IRON ROD WITH A CAP STAMPED "SHIELD ENGINEERING" AT THE NORTHEAST CORNER OF LOT 1R; THENCE SOUTH 00"28'23" EAST, ALONG THE EAST LINE OF LOTS 1R, 211 AND 3R, A DISTANCE 59.95 FEET, TO THE POINT OF BEGINNING AND CONTAINING 180 SQUARE FEET OR 0.004 ACRES OF LAND, MORE OR LESS. SHIELD ENGINEERING TBPELS ENGINEERING #F-11039, SURVEYING #10193890 PEE �STfRT �Fo.� ..................... .. CODY WATSON \�<9A:Qo 7056 OSS O�P'p� 0 -suR'J� CODY WATSON R.P.L.S. No. 7056 DATED: 03-11-2026 SHEET 2 OF 2 EXHIBIT B Certificate of Insurance Tier II Easement Encroachment Agreement Page 12 of 12 Standard Revised 12/2022 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: M25 on the Rail, LLC Subject of the Agreement: Easement Encroachment M&C Approved by the Council? * Yes ❑ No M If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 0 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No 0 If unsure, see backpage for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 0 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 ED *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 0 No ❑ Contracts need to be routed for CSO processing in the followingorder: 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.