HomeMy WebLinkAbout065112 - General - Contract - Texas Christian University (TCU)Date Received: 4/28/2026
Time Received: 3:13 p.m.
Record Number: PN25-00206
City Secretary No.:
65112
PUBLIC PROPERTY RIGHT-OF-WAY 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 Texas Christian University, a
Texas non-profit corporation ("Licensee"), acting by and through its duly authorized
representative.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 2700 W.
Lowden Street, Fort Worth, Texas 76109 ("Property"), being more particularly
described as being Lot 1, Block 13, TCU Addition, an addition to the City of Fort Worth,
Tarrant County, Texas, as filed in Cabinet A, Slide 5473, Plat Records of Tarrant County,
Texas (P.R.T.C.T.), all of Lots 1 thru 12, Block 19, Prospect Heights, an addition to the
City of Fort Worth, Tarrant County, Texas, as filed in Volume 63, Page 59, P.R.T.C.T.,
all of the 16' wide alley between said Block 13, TCU Addition and said Block 19,
Prospect Heights, vacated by City Ordinance No. 27342-12-2024; all of the Right -of -
Way of Merida Avenue, lying between said Lots 1 thru 12, Block 19, Prospect Heights
and Lot 1, Block 20R, TCU Addition, an addition to the City of Fort Worth, Tarrant
County, Texas, as filed in Instrument D220018642; and
WHEREAS, the City owns a public right-of-way (the "Public Property")
adjacent to the Property, dedicated by plat, depicted on the final plat of the property (FS-
24-269), which plat is recorded in the plat records of Tarrant County as Instrument
D225177214; 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:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Tier II ROW Encroachment Agreement Page 1 of 11
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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 chilled water and electric duct bank (the "Encroachment").
Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining
the Encroachment within the Public Property. Licensee shall not expand or otherwise
cause the Encroachment to further infringe in or on the Public Property beyond what is
specifically described in Exhibit "A."
2.
All construction, installation, maintenance, and operation of the Encroachment
and the use or occupancy of the Public Property shall comply with and be performed in
strict compliance with this Agreement and with the charter, ordinances, codes, and
policies of the City. Prior to the construction or installation of the Encroachment,
Licensee shall submit all plans and specifications to the Director of the Development
Services Department or duly authorized representative. Licensee shall not commence
construction or installation of the Encroachment nor make any use of the Public Property
until after the execution of this Agreement.
3.
Licensee, at no expense to the City, shall make proper provisions for the
relocation and installation of any existing or future utilities affected by such
Encroachment and the use and occupancy of the Public Property, including the securing
the approval and consent of the appropriate utility companies and agencies of the State of
Texas and its political subdivisions. In the event that any installation, reinstallation,
relocation, or repair of any existing or future utility or improvements owned by or
constructed by or on behalf of the public or at public expense is made more costly by
virtue of the construction, maintenance, or existence of the Encroachment and use of
Public Property, Licensee shall pay to City an additional amount equal to such additional
cost as determined by the Director of Transportation and Public Works, the Director of
the Water Department, the Director of the Development Services Department, or their
duly authorized representative.
4.
Licensee agrees that City may enter and utilize the Public Property at any time for
any public purpose, including installing, repairing, replacing, or maintaining
improvements to its public facilities or utilities necessary for the health, safety, and
welfare of the public. The City shall have no responsibility or liability for any damages
related to the Encroachment resulting from the City's use of the Public Property;
however, the City shall make reasonable efforts to minimize such damage.
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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). Additionally, Licensee agrees to pay a fee in the amount of $2.25 per
square foot of the encroachment area upon execution of this Agreement and
annually thereafter.
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
Tier II ROW Encroachment Agreement Page 3 of I I
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sewerage, transmission of natural gas or electricity, or any other public purpose, whether
presently contemplated or not, that the parties agree to negotiate in good faith in order to
accommodate both the Encroachment and the public purpose.
9.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, OF WHATSOEVER 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
Tier II ROW Encroachment Agreement Page 4 of I I
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the Encroachment and restoration of the Public Property. All insurance coverage
required herein shall include coverage of all Licensee's contractors and subcontractors.
11.
Licensee agrees to deposit with the City when this Agreement is executed a
sufficient sum of money to be used to pay necessary fees to record this Agreement in the
real property records of the county in which the Encroachment is located. After being
recorded, the original shall be returned to the City Secretary of the City of Fort Worth.
12.
Licensee agrees to comply fully with all applicable federal, state, and local laws,
statutes, ordinances, codes, and regulations in connection with the construction,
operation, and maintenance of the Encroachment and use of the Public Property.
13.
Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for
by this Agreement or by any federal, state, or local statute, law, or regulation.
14.
Licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as an officer, agent,
servant, or employee of City, and Licensee shall have exclusive control of and the
exclusive right to control the details of its operations, and all persons performing same,
and shall be solely responsible for the acts and omissions of its officers, agents, servants,
employees, contractors, subcontractors, licensees, and invitees. The doctrine of
respondeat superior shall not apply as between City and Licensee, its officers, agents,
servants, employees, contractors, and subcontractors, and nothing herein shall be
construed as creating a partnership or joint enterprise between City and Licensee.
15.
Licensee agrees and acknowledges that this Agreement is solely for the purpose
of permitting Licensee to construct, maintain, and locate the Encroachment over or within
the Public Property and is not a conveyance of any right, title, or interest in or to the
Public Property, nor is it meant to convey any right to use or occupy property in which a
third -party may have an interest. Licensee agrees that it will obtain all necessary
permissions before occupying such property.
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.
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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
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Tier II ROW Encroachment Agreement Page 6 of 11
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EXECUTED to be effective on the date signed by the City's Director of
Development Services Department
City:
CITY OF FORT WORTH
:t_J
Dalton Harrell (Apr 24, 2026 14:06:26 CDT)
By:
D. J. Harrell
Director, Development Services Department
Date: 04/24/2026
400vvaU4
j4F F�Rt�! ad
ATTEST: d Approved As To Form and Legality
�� A ..Lia:�R • �aIln �6Xf►5o4 i�."� �'�uct.z
bnnav4a' 4"
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.
Kandice Merrick
Contract Compliance Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Tier II ROW Encroachment Agreement
Revised/Standard
Page 7 of I 1
Licensee:
Texas Christian U
a Texas nonnrofd
Title: Chancellor for Finance and Administration
Date: 4 2
STATE OF §
COUNTY OF §
iLBEFORE ME, the undersigned authority, a Notary Public in and for the State of
lv�el[0
on this day personally appeared i (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 t eIr/din expressed, as the act and deed of
, a�[/ (entity type), and in the capacity
( tY Yre) r h'
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this q
J\ 2026.
Notary Pub'Pubji4r in nd for the
State of
Tier II ROW Encroachment Agreement
Revised/Standard
TERRY HANEY
Notary Pubko, State of Texas
y ID# 7470104
9lFaFtE+` My commission Expires
November 12, 2027
day of
Page 8 of 1 I
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 24TH day of
April . 2026.
Notary Public in and for the State of Texas
Audrey Leo Wallace
My; Commission Expired
911=028
#rlota-ry 4D 135062586
Tier II ROW Encroachment Agreement
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Page 9 of I I
EXHIBIT A
Depiction and description of the Encroachment
Tier II ROW Encroachment Agreement Page 10 of 1 I
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EXHIBIT "A"
"ENCROACHMENT OF W. BOWIE STREET,
MERIDA AVENUE & LUBBOCK AVENUE"
BEING 1,913 square feet of land total in 4 parts, situated within and being a portion of
the Right -of -Way of W. Bowie Street, Merida Avenue and Lubbock Avenue, City of Fort
Worth, Tarrant County, Texas, and being more particularly described by metes and
bounds as follows:
Part 1
COMMENCING at a 5/8 inch iron rod with cap stamped "TNP", set at the southwest
corner of Lot 1R, Block 13-R, TCU Addition, an addition to the City of Fort Worth,
Tarrant County, Texas, as filed in Instrument #D225177214, Plat Records of Tarrant
County, Texas (P.R.T.C.T.), also being the southeast corner of Lot 1, Block 20R, TCU
Addition, an addition to the City of Fort Worth, Tarrant County, Texas, as filed in
Instrument #13220018642, P.R.T.C.T., and being in the north Right -of -Way (R-O-W)
line of W. Bowie Street (60' in width), from which a 5/8 inch iron rod with cap stamped
"TNP", set in the west line of said Lot 1R, Block 13-R, TCU Addition, also being in the
east line of said Lot 1, Block 20R, TCU Addition, bears N 44°40'58" E, a distance of
14.14 feet;
THENCE N 89040'58" E, along the south line of said Lot 1R, Block 13-R, TCU
Addition, and along the north R-O-W line of said W. Bowie Street, a distance of 60.40
feet to the POINT OF BEGINNING of the hereinafter described tract of land;
THENCE N 89040'58" E, continuing along the south line of said Lot 1R, Block 13-R,
TCU Addition, and along the north R-O-W line of said W. Bowie Street, a distance of
4.97 feet to the beginning of curve to the left whose radius is 18.50 feet, and whose long
chord bears S 69°54'27" E, a distance of 12.90 feet;
THENCE leaving said line, passing over and across the R-O-W of said W. Bowie Street,
the following courses and distances;
Along said curve in a southeasterly direction, through a central angle of
40°49'21", an arc length of 13.18 feet to end of said curve;
N 89°40'53" E, a distance of 182.35 feet to the beginning of curve to the left
whose radius is 1.50 feet, and whose long chord bears N 44°40'55" E, a distance
of 2.12 feet;
Along said curve in a northeasterly direction, through a central angle of
89°59'55", an arc length of 2.36 feet to end of said curve;
Sheet 1 of 8
ACC 24155
N 00°19'02" W, a distance of 3.00 feet to the south line of said Lot 1R, Block
13-R, TCU Addition, also being in the north R-O-W line of said W. Bowie Street;
THENCE N 89040'58" E, along the south line of said Lot 1R, Block 13-R, TCU
Addition, and along the north R-O-W line of said W. Bowie Street, a distance of 3.00
feet;
THENCE leaving said line, passing over and across the R-O-W of said W. Bowie Street,
the following courses and distances;
S 00019'02" E, a distance of 3.00 feet to the beginning of curve to the right whose
radius is 4.50 feet, and whose long chord bears S 44°40'55" W, a distance of 6.36
feet;
Along said curve in a southwesterly direction, through a central angle of
89059'55", an arc length of 7.07 feet to end of said curve;
S 89°40'53" W, a distance of 182.35 feet to the beginning of curve to the right
whose radius is 21.11 feet, and whose long chord bears N 69°24'46" W, a distance
of 15.34 feet;
Along said curve in a northwesterly direction, through a central angle of
42°36'52", an arc length of 15.70 feet to the end of said curve;
N 53°46'56" W, a distance of 3.40 feet to the POINT OF BEGINNING and
containing 619 square feet or 0.014 of an acre of land.
Part 2
COMMENCING at a 5/8 inch iron rod with cap stamped "TNP", set at the southwest
corner of Lot 1R, Block 13-R, TCU Addition, an addition to the City of Fort Worth,
Tarrant County, Texas, as filed in Instrument #D225177214, Plat Records of Tarrant
County, Texas (P.R.T.C.T.), also being the southeast corner of Lot 1, Block 20R, TCU
Addition, an addition to the City of Fort Worth, Tarrant County, Texas, as filed in
Instrument #D220018642, P.R.T.C.T., and being in the north Right -of -Way (R-O-W)
line of W. Bowie Street (60' in width), from which a 5/8 inch iron rod with cap stamped
"TNP", set in the west line of said Lot 1R, Block 13-R, TCU Addition, also being in the
east line of said Lot 1, Block 20R, TCU Addition, bears N 44°40'58" E, a distance of
14.14 feet;
THENCE N 89040'58" E, along the south line of said Lot 1R, Block 13-R, TCU
Addition, and along the north R-O-W line of said W. Bowie Street, a distance of 37.22
feet to the POINT OF BEGINNING of the hereinafter described tract of land;
Sheet 2 of 8
ACC 24155
THENCE N 89040'58" E, continuing along the south line of said Lot 1R, Block 13-R,
TCU Addition, and along the north R-O-W line of said W. Bowie Street, a distance of
6.78 feet;
THENCE leaving said line, passing over and across the R-O-W of said W. Bowie Street,
the following courses and distances;
N 89°40'58" E, a distance of 6.78 feet;
S 44°22'33" W, a distance of 2.59 feet;
S 01'0 F01 " W, a distance of 66.01 feet;
N 89°22'33" E, a distance of 4.46 feet;
S 00°37'27" E, a distance of 12.00 feet;
S 89°22'33" W, a distance of 12.01 feet;
N 00°37'27" W, a distance of 4.50 feet;
S 89'3718" W, a distance of 23.12 feet to the west R-O-W line of Merida Avenue
(60' in width), also being in the east line of Lot 24, Block 21, Prospect Heights
Addition, an addition to the City of Fort Worth, Tarrant County, Texas, as filed
in Volume 388-63, Page 59, P.R.T.C.T.;
THENCE N 00019'02" W, along the east line of said Lot 24, Block 21, Prospect Heights
Addition, and along the west R-O-W line of Merida Avenue, a distance of 3.00 feet;
THENCE leaving said line, passing over and across the R-O-W of said W. Bowie Street,
the following courses and distances;
N 89°37'18" E, a distance of 23.12 feet;
N 00°42' 19" W, a distance of 4.54 feet;
N 89°22'33" E, a distance of 4.57 feet;
N 00°55' 18" E, a distance of 65.97 feet;
N 45°37'27" W, a distance of 2.64 feet to the POINT OF BEGINNING and
containing 422 square feet or 0.010 of an acre of land.
Sheet 3 of 8
ACC 24155
Part 3
COMMENCING at a 5/8 inch iron rod with cap stamped "TNP", set at the southwest
corner of Lot 1R, Block 13-R, TCU Addition, an addition to the City of Fort Worth,
Tarrant County, Texas, as filed in Instrument #D225177214, Plat Records of Tarrant
County, Texas (P.R.T.C.T.),_also being the southeast corner of Lot 1, Block 20R, TCU
Addition, an addition to the City of Fort Worth, Tarrant County, Texas, as filed in
Instrument #D220018642, P.R.T.C.T., and being in the north Right -of -Way (R-O-W)
line of W. Bowie Street (60' in width), from which a 5/8 inch iron rod with cap stamped
"TNP", set in the west line of said Lot 1R, Block 13-R, TCU Addition, also being in the
east line of said Lot 1, Block 20R, TCU Addition, bears N 44°40'58" E, a distance of
14.14 feet;
THENCE S 89040'58" W, along the south line of said Lot 1, Block 20R, TCU Addition,
and along the north R-O-W line of said W. Bowie Street, a distance of 91.84 feet to the
POINT OF BEGINNING of the hereinafter described tract of land;
THENCE leaving said line, passing over and across the R-O-W of said W. Bowie Street,
the following courses and distances;
S 44°45'00" W, a distance of 4.71 feet;
S 89°45'00 W, a distance of 142.71 feet;
N 45'15'00" W, a distance of 4.46 feet to the north R-O-W line of said W. Bowie
Street, also being in the south line of Lot 12, Block 22, Prospect Heights Addition,
an addition to the City of Fort Worth, Tarrant County, Texas, as filed in Volume
63, Page 59, P.R.T.C.T.;
THENCE N 89040'58" E, along the north R-O-W line of said W. Bowie Street, and along
the south line of said Lot 12, Block 22, Prospect Heights Addition, also passing over and
across the south end of a 16' wide alley and continuing along the south line of said Lot
1, Block 20R, TCU Addition, a distance of 149.19 feet to the POINT OF BEGINNING
and containing 473 square feet or 0.011 of an acre of land.
Part 4
COMMENCING at a 5/8 inch iron rod with cap stamped "TNP", set at the southwest
corner of Lot 1R, Block 13-R, TCU Addition, an addition to the City of Fort Worth,
Tarrant County, Texas, as filed in Instrument #D225177214, Plat Records of Tarrant
County, Texas (P.R.T.C.T.), also being the southeast corner of Lot 1, Block 20R, TCU
Sheet 4 of 8
ACC 24155
Addition, an addition to the City of Fort Worth, Tarrant County, Texas, as filed in
Instrument #D220018642, P.R.T.C.T., and being in the north Right -of -Way (R-O-W)
line of W. Bowie Street (60' in width), from which a 5/8 inch iron rod with cap stamped
"TNP", set in the west line of said Lot 1R, Block 13-R, TCU Addition, also being in the
east line of said Lot 1, Block 20R, TCU Addition, bears N 44°40'58" E, a distance of
14.14 feet;
THENCE N 87007'21" W, passing over and across said Lot 1, Block 20R, TCU
Addition, over and across a 16' wide alley, and over and across Lot 12, Block 22,
Prospect Heights Addition, an addition to the City of Fort Worth, Tarrant County, Texas,
as filed in Volume 63, Page 59, P.R.T.C.T., a distance of 256.40 feet to the west line of
said Lot 12, Block 22, Prospect Heights Addition, also being in the east R-O-W line of
Lubbock Avenue (60' in width), for the POINT OF BEGINNING of the hereinafter
described tract of land;
THENCE leaving said line, passing over and across the R-O-W of said Lubbock Avenue,
the following courses and distances;
N 45'15'00" W, a distance of 10.68 feet;
S 89°45'00" W, a distance of 53.02 feet to the west R-O-W line of said Lubbock
Avenue, also being in the east line of Lot 1R1, Block 4, TCU Addition, an
addition to the City of Fort Worth, Tarrant County, Texas, as filed in Instrument
#D218051013, P.R.T.C.T.;
THENCE N 00025'59" W, along the west R-O-W line of said Lubbock Avenue, and
east line of said Lot 1R1, a distance of 6.32 feet;
THENCE leaving said line, passing over and across the R-O-W of said Lubbock Avenue,
the following courses and distances;
N 89°45'00" E, a distance of 55.65 feet;
S 45015100" E, a distance of 6.97 feet to the east R-O-W line of said Lubbock
Avenue, also being in the west line of said Lot 12, Block 22, Prospect Heights
Addition;
THENCE S 00019'24" E, along the east R-O-W line of said Lubbock Avenue, and west
line of said Lot 12, Block 22, Prospect Heights Addition, a distance of 8.95 feet to the
POINT OF BEGINNING and containing 399 square feet or 0.009 of an acre of land.
Sheet 5 of 8
ACC 24155
tE•°F••.TF
P �sre
an. 6, 2026 16 -V,
Theron W. Sims, R.P.L.S ........................ ..
Texas Registration No. 5 87 THERON W. SIMS
..% ......................% ..
:q 5887
Surveyed on the ground Aug. 22, 2025 < °°es o�
9N� .SUR`tE
1. Bearings of lines shown hereon refer to Grid North of the Texas Coordinate System of 1983
(North Central Zone; NAD83(2011) 2010.00) as derived locally from Allterra Central's
Continuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK) methods.
An average Combination Factor of 1.00012 was used to scale grid coordinates and distances to
surface.
2. Integral parts of this survey:
a. Legal Description & Sketch
Sheet 6 of 8
ACC 24155
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EXHIBIT "A"
"ENCROACHMENT OF SANDAGE AVENUE"
BEING 1,206 square feet of land total in 2 parts, situated within and being a portion of
the Right -of -Way of W. Bowie Street, City of Fort Worth, Tarrant County, Texas, and
being more particularly described by metes and bounds as follows:
Part 1
COMMENCING at a 5/8 inch iron rod with cap stamped "TNP", set at the northeast
corner of Lot 11Z, Block 13-R, TCU Addition, an addition to the City of Fort Worth,
Tarrant County, Texas, as filed in Instrument #D225177214, Plat Records of Tarrant
County, Texas (P.R.T.C.T.), also being the intersection of the south Right -of -Way
(R-O-W) line of W. Lowden Street (61' in width), with the west R-O-W line 'of Sandage
Avenue (60' in width), from which the northwest corner of said Lot 1 R, Block 13-R, TCU
Addition, also being the northeast corner of corner of Lot 1, Block 20R, TCU Addition,
an addition to the City of Fort Worth, Tarrant County, Texas, as filed in Instrument
#D220018642, P.R.T.C.T., and being in the south R-O-W line of said W. Lowden Street,
bears S 89°40'58" W, a distance of 336.00 feet;
THENCE S 00019'02" E, along the east line of said Lot IF, Block 13-R, TCU Addition,
and along the west R-O-W line of said Sandage Avenue, a distance of 70.89 feet to the
POINT OF BEGINNING of the hereinafter described tract of land;
THENCE leaving said line, passing over and across the R-O-W of said Sandage Avenue,
the following courses and distances;
N 89°40'58" E, a distance of 7.85 feet;
S 00°18'56" E, a distance of 119.38 feet;
S 89140'58" W, a distance of 7.85 feet to the east line of said Lot 1R, Block
13-R, TCU Addition, also being in the west R-O-W line of said Sandage Avenue;
THENCE N 00019'02" W, along the east line of said Lot 1R, Block 13-R, TCU Addition,
and along the west R-O-W line of said Sandage Avenue, a distance of 3.70 feet;
THENCE leaving said line, passing over and across the R-O-W of said Sandage Avenue,
the following courses and distances;
N 89°40'58" E, a distance of 4.15 feet;
Sheet 1 of 4
ACC 24155
N 00'18'56" W, a distance of 111.98 feet;
S 89°42'44" W, a distance of 4.15 feet to the east line of said Lot 1R, Block
13-R, TCU Addition, also being in the west R-O-W line of said Sandage Avenue;
THENCE N 00019'02" W, along the east line of said Lot 1R, Block 13-R, TCU Addition,
and along the west R-O-W line of said Sandage Avenue, a distance of 3.70 feet to the
POINT OF BEGINNING and containing 472 square feet or 0.011 of an acre of land.
Part 2
COMMENCING at a 5/8 inch iron rod with cap stamped "TNP", set at the northeast
corner of Lot M, Block 13-R, TCU Addition, an addition to the City of Fort Worth,
Tarrant County, Texas, as filed in Instrument #D225177214, Plat Records of Tarrant
County, Texas (P.R.T.C.T.), also being the intersection of the south Right -of -Way
(R-O-W) line of W. Lowden Street (6F in width), with the west R-O-W line of Sandage
Avenue (60' in -width), from which the northwest corner of said Lot 1R, Block 13-R, TCU
Addition, also being the northeast corner of corner of Lot 1, Block 20R, TCU Addition,
an addition to the City of Fort Worth, Tarrant County, Texas, as filed in Instrument
#D220018642, P.R.T.C.T., and being in the south R-0-W line of said W. Lowden Street,
bears S 89°40'58" W, a distance of 336.00 feet;
THENCE S 00019'02" E, along the east line of said Lot 1R, Block 13-R, TCU Addition,
and along the west R-O-W line of said Sandage Avenue, a distance of 324.52 feet to the
POINT OF BEGINNING of the hereinafter described tract of land;
THENCE leaving said line, passing over and across the R-O-W of said Sandage Avenue,
the following courses and distances;
N 89°40'58" E, a distance of 7.50 feet;
S 00°19'02" E, a distance of 97.82 feet;
S 89040158" W, a distance of 7.50 feet to the east line of said Lot 1R, Block
13-R, TCU Addition, also being in the west R-O-W line of said Sandage Avenue;
Sheet 2 of 4
ACC 24155
THENCE N 00° 19'02" W, along the east line of said Lot 1 R, Block 13-R, TCU Addition,
and along the west R-O-W line of said Sandage Avenue, a distance of 97.82 feet to the
POINT OF BEGINNING and containing 734 square feet or 0.017 of an acre of land.
—7jtz(.� J . 6, 2026
Theron W. Sims, R.P.L S.
Texas Registration No. 5
Surveyed on the ground Aug. 22, 2025
1. Bearings of lines shown hereon refer to Grid North of the Texas Coordinate System of 1983
(North Central Zone; NAD83(2011) 2010.00) as derived locally from Allterra Central's
Continuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK) methods.
An average Combination Factor of 1.00012 was used to scale grid coordinates and distances to
surface.
2. Integral parts of this survey:
a. Legal Description & Sketch
Sheet 3 of 4
ACC 24155
518 IRS WITH CAP
STAMPED '7NP" •
(CONTROL MON.)
NOTES:
1) Bearings of lines shown hereon refe
the Texas Coordinate System of 19
I Zone; NAD83(2011) 2010.00) as der
Allterra Central's Continuously Ope
ti Stations (CORS) via Real Time
(j methods. An average Combination F
was used to scale grid coordinates
surface.
2) Integral parts of this survey:
a. Legal Description & Sketch
00
'
fir
LOT 1
TC
o
INST.
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Q
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o -
N
Y
J :
m i
THERON W. SIMS, R.P.L.
o~ TEXAS REGISTRATION N0.
J
Date: Jan. 6, 2026
Surveyed on the ground
Aug. 22, 2025
LO WDEN S
61 ' WIDE R—O—W
83
rating
S89'40'58"W,
336.00'
(LINE FOR DIRECTIONAL
CONTROL)
r to Grid North of
(North Central
ived locally from
Reference
Kinematic (RTK)
actor of 1.00012
and distances to
TEXA
P. R. T. C. T.
h
THERON W. SIMS
.. v ...................... ...
Q6-5.—
*.o 5887F S U 01y��
EXHIBIT "A1'
ENCROACHMENT OF
SANDAGE AVENUE
Situated within and being a portion of the Right -of -Way
of Sandage Avenue, City of Fort Worth, Tarrant County,
Texas.
T • 518 IRS WITH CAP
STAMPED '7NP"
(CONTROL MON.)
w
I
.O.C. �o
rncq
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Ior
P.O.B.- Part I
S
ENCROACHMENT
(472 S F.) L6 L5
CHRISTIAN UNIVERSITY
NST. 1ID198185222 -
D. R. T. C. T. Co
to
N00'18'56"W.:.'o
111.98':':i N
LINE #
DIRECTION
LENGTH
L1
N89'40'58"E
7.85'
L2
S89'40'58"W
7.85'
L3
N00'19'02"W
3.70'
L4
N89'40'58"E
4.15'
L5
389'42'44"W
4.15'
L6
NOO' 19'02"W
3.70'
L7
N89'40'58"E
7.50'
L8
S89'40'58"W
7.50'
P.O.B.- Part 2
ENCROACHMENT
(734 S. F.)
L
TEXAS CHRISTIAN UNIVERSITY
INST. ID198185222
D.R. T.C. T.
teague nall & perkins
5237 N. Riverside Drive, Suite 100
^A, Fort Worth, Texas 76137
817.336.5773 ph 817.332.7756 fx
I,PWWW.tnpinc.corn / TBPELS Registration No. 100116-00
T.-
1,206 SF
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SHEET 4 OF 4
JOB No. ACC 24155
Avenue.dwy
EXHIBIT "A"
"ENCROACHMENT OF
W. CANTEY STREET AND MERIDA AVENUE"
BEING 3,490 square feet of land, situated within and being a portion of the
Right -of -Way of W. Cantey Street and Merida Avenue, City of Fort Worth, Tarrant
County, Texas, and being more particularly described by metes and bounds as follows:
BEGINNING in the north line of Lot 1 R, Block 13-R, TCU Addition, an addition to the
City of Fort Worth, Tarrant County, Texas, as filed in Instrument #D225177214, Plat
Records of Tarrant County, Texas (P.R.T.C.T.), also being in the south Right -of -Way
(R-O-W) line of W. Lowden Street (6F in width), from which a 5/8 inch iron rod with
cap stamped "TNP", set in the south R-O-W line of said W. Lowden Street, at the
northwest corner of said Lot 1R, Block 13-R, also being the northeast corner of Lot 1,
Block 20R, TCU Addition, an addition to the City of Fort Worth, Tarrant County, Texas,
as filed in Instrument #D220018642, P.R.T.C.T., bears S 89°40'58" W, a distance of
32.35 feet; and from which a 5/8 inch iron rod with cap stamped "TNP", set at the
northeast corner of said Lot 1R, Block 13-R, also being the intersection of the south
R-O-W line of said W. Lowden Street, with the west R-O-W line of Sandage Avenue
(60' in width), bears N 89°40'58" E, a distance of 303.65 feet;
THENCE leaving said line, passing over and across the R--O-W of said W. Lowden
Street, the following courses and distances;
N 00°19'34" W, a distance of 5.08 feet;
S 89°40'26" W, a distance of 27.52 feet;
N 00°00'00" E, a distance of 8.24 feet;
N 89°40'26" E, a distance of 27.47 feet;
N 00° 19' 18" W, a distance of 31.41 feet to the beginning of curve to the right,
whose radius is 21.53 feet, and whose long chord bears N 1899' 17" E, a distance
of 13.76 feet;
Along said curve in a northeasterly direction, through a central angle of
37°17'09", an arc length of 14.01 feet to the beginning of a reverse curve to the
left whose radius is 18.57 feet, and whose long chord bears N 30°26'35" E, a
distance of 4.22 feet;
Sheet 1 of 4
ACC 24155
Along said curve in a northeasterly direction, through a central angle of
13°02'33", an arc length of 4.23 feet to the end of said curve in the north R-O-W
line of said W. Lowden Street, also being in the south line of Lot 1R, Block
19-R, TCU Addition, an addition to the City of Fort Worth, Tarrant County,
Texas, as filed in Instrument #D225177227, P.R.T.C.T.;
THENCE N 89037'55" E, along the north R-O-W line of said W. Lowden Street, and
along the south line of said 1 R, Block 19-R, TCU Addition, a distance of 3.25 feet to the
beginning of a curve of curve to the right whose radius is 21.50 feet, and whose long
chord bears S 28°40'00" W, a distance of 6.22 feet;
THENCE leaving said line, passing over and across the R-O-W of said W. Lowden
Street and said Merida Avenue, the following courses and distances;
Along said curve in a southwesterly direction, through a central angle of
16°38'56", an arc length of 6.25 feet to the beginning of a reverse curve to the
left whose radius is 18.50 feet, and whose long chord bears S 18°19'17" W, a
distance of 11.84 feet;
Along said curve in a southwesterly direction, through a central angle of
37°20'24", an arc length of 12.06 feet to the end of said curve;
S 00° 19'34" E, a distance of 31.41 feet;
N 89°40'26" E, a distance of 86.59 feet;
N 0099'02" W, a distance of 124.23 feet to the north R-O-W line of said Merida
Avenue, also being in the most northerly south line of said Lot 1R, Block 19-R,
TCU Addition;
THENCE N 89040'58" E, along the north R-O-W line of said Merida Avenue, and along
the most northerly south line of said Lot 1R, Block 19-R, TCU Addition, a distance of
6.32 feet;
THENCE leaving said line, passing over and across the R-O-W of said W. Lowden
Street and said Merida Avenue, the following courses and distances;
S 009 934" E, a distance of 124.46 feet;
N 89°40'44" E, a distance of 7.36 feet;
S 00°16'27" E, a distance of 8.28 feet;
N 89°41' 10" E, a distance of 197.90 feet;
Sheet 2 of 4
ACC 24155
S 00° 19'25" E, a distance of 4.81 feet to the south R-O-W line of said W. Lowden
Street, also being in the north line of said Lot 1R, Block 13-R, TCU Addition;
THENCE S 89040'58" W, along the south R-O-W line of said W. Lowden Street, and
along the north line of said Lot 1R, Block 13-R, TCU Addition, a distance of 301.18 feet
to the POINT OF BEGINNING and containing 3,490 square feet or 0.080 of an acre of
land.
. �����OT .���
n. 6, 2026 �P� a\ RF �
y: o
Theron W. Sims, R.P. S. ..:.....................,
Texas Registration No. 87 MERON W. SIMS
..% ......................
�;A 5887
Surveyed on the ground Aug. 22, 2025 C '%=�a� ess%o;:�
q�4 SUR%i!
1. Bearings of lines shown hereon refer to Grid North of the Texas Coordinate System of 1983
(North Central Zone; NAD83(2011) 2010.00) as derived locally from Allterra Central's
Continuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK) methods.
An average Combination Factor of 1.00012 was used to scale grid coordinates and distances to
surface.
2. Integral parts of this survey:
a. Legal Description & Sketch
Sheet 3 of 4
ACC 24155
LOT 1, BLK. 20R \ C yv y 0 0 o v
TCU ADD'N. Z v g o m o o O
lD
INST. ID220018642 38- r o. 6 m o° m 3
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EXHIBIT B
Certificate of Insurance
Tier II ROW Encroachment Agreement Page 11 of 11
Revised/Standard
FORTWORTH9
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: Texas Christian University
Subject of the Agreement:
Tier II Right -Of -Way Encroachment
M&C Approved by the Council? * Yes ❑ No 0
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 ❑✓
If unsure, see back page 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 0
*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 following 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.