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HomeMy WebLinkAbout065122 - General - Contract - All Star Corrugated Real EstateDate Received: 4/29/2026 Time Received: 8 :41 a. m . Record Number: PN25-00145 City Secretary No.: 65122 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 All Star Corrugated Real Estate, LLC, a Delaware limited liability company ("Licensee"), acting by and through its duly authorized representative.1425 Forum Way South RECITALS WHEREAS, Licensee is the owner of the real property located at 1425 Forum Way South, Fort Worth, Texas 76140 ("Property"), being more particularly described as, Lot 6AR1, Block 1, of Oak Grove Park Replat , an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Deed Records, by Instrument Number D224063316; and WHEREAS, the City owns a 20' drainage and utility easement (the "Public Property") adjacent to the Property, dedicated by plat, depicted on the final plat of the property (FS-25-041), which plat is recorded in the plat records of Tarrant County as Instrument D226055618; 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 terns and conditions as set forth in this Agreement. NOW, THEREFORE, the City and Licensee agree as follows: OFFICIAL RECORD AGREEMENT CITY SECRETARY 1. 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, Tier II Easement Encroachment Agreement Page 1 of 12 Revised 12/2022 installing, and maintaining a private rip rap, storm connections and storm inlets (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. 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 Tier 11 Easement Encroachment Agreement Page 2 of 12 Revised 12/2022 the Water Department, the Director of the Development Services Department or their duly authorized representative. Any such removal of the Encroachment shall be in accordance with then -existing City regulations and policies. It is understood and agreed to by Licensee that if this Agreement terminates and Licensee fails to remove the Encroachment and restore the Public Property, Licensee hereby gives City permission to remove the Encroachment and any supporting structures from the Public Property, to restore the Public Property, and to assess a lien on the Property for the costs expended by the City in taking such actions. 6. In order to defray all costs of inspection and supervision which the City has incurred or will incur as a result of the construction, maintenance, inspection or management of the Encroachment and use of Public Property as provided for by this Agreement, Licensee agrees to pay to City at the time this Agreement is requested an application fee in the sum of One Thousand Twelve Dollars and Fifty Cents ($1012.50). 7. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by City. However, the City may terminate this Agreement upon Licensee's noncompliance with any of the terms of this Agreement. City shall notify Licensee in writing of any such noncompliance and if Licensee does not cure the noncompliance within thirty (30) days of notice from City, the City may terminate this Agreement. However, the City may, at its sole option, allow the Agreement to remain in effect so long as Licensee has taken reasonable measures to cure the noncompliance or is continuing to diligently attempt to remedy the noncompliance. 8. It is further understood and agreed between the parties hereto that the Public Property to be used and encroached upon is held by City as trustee for the public; that City exercises such powers over the Public Property as have been delegated to it by the Constitution of the State of Texas or by the Texas Legislature; and that City cannot contract away its duty and its legislative power to control the Public Property for the use and benefit of the public. It is accordingly agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the Public Property to be used for any other public purpose, including but not being limited to underground, surface, or overhead communication, drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public purpose, whether presently 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 Revised 12/2022 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 H Easement Encroachment Agreement Page 4 of 12 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 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. Tier II Easement Encroachment Agreement Page 5 of 12 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 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: Dalton Harrell (Apr 27. 2026 15-.21.19 EDT) D. J. Harrell Director, Development Services Department Date: 04/27/2026 nn ATTEST:jqg SORT Ilea o . �F Iy dd ' °o 0�8°* d Jannette Goodall, City Secretary Approved As To Form and Legality Tayler Canton Assistant City Attorney Contract Compliance Manager: By signing I acknowledge that 1 am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. -V� Kandice Merrick Contract Compliance Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II Easement Encroachment Agreement Page 8 of 12 Revised 12/2022 Licensee: All Star Corrugated Real Estate, LLC a Delaware limited liability company Name: Andrea Nelson Title: COO/CFO Date: T STATE OF it -AneS& uM § COUNTY OF BEFORE ME, the undersigned authority, a Notary Public in and for the State of W, nes�A on this day personally appeared Andrea Nelson, COO/CFO - Spell Capital 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 All Star Corrugated Real Estate, LLC, a Delaware limited liability company, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this I H day of 2026. �A� M 12"�t� Notary Public in and f'or the State of ryl h e3 on , Heather M Pribyl ' Y+ Notary Public =7 Minnesota MY Januu 31, 2031 Tier II Easement Encroachment Agreement Page 9 of 12 Revised 12/2022 YYYTHIS PAGE FOR CITY OF FORT WORTH OFFICE USE ONLYa** 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 27th day of April .2026. 4awlt7 61t)a&a'12-0- Notary Public in and for the State of Texas leAadrey 1*,, W"'ale My Com�isolun Expirae 911=02B Notary ID135062595 Tier II Easement Encroachment Agreement Page 10 of 12 Revised 12/2022 EXHIBIT A Depiction and Description of the Encroachment Tier II Easement Encroachment Agreement Page 11 of 12 Revised 12/2022 0 500 1000 GRAPHIC SCALE EVERMAN PKWY I VI\,JIVI VYf1 I MAPSCO NO. COUNCIL DISTRICT DEVELOPER: ALL STAR CORRUGATED REAL ESTATE, LLC 7201 METRO BLVD MINNEAPOLIS, MN 55439 ANDREA NELSON PHONE: (612) 843-1545 (% 1 O ry n 105-Q ALL STAR CORRUGATED EXPANSION SHEET 1 OF 1 CPN:106271 111111111 ������14 LOCATION MAP CONSULTANT CONTACT INFORMATION: URBAN STRATEGY 4222 MAIN STREET DALLAS, TEXAS 75226 NICK KERAN #: 241095 PHONE: (985) 233-9061 FL IN'N' 5"X4' PIPE 673.42' FL IN "E" 3'XS' PIPE 673.42' FL OUT "S" 5"X6' PIPE 673.42' PRIVATE S7M PIPE (LOCATED 11.42' FROM NORTH OF EX. OWRHEAD PROPER LINE) ENCROACHMENT IN 20' PUBL/C D.U.E. ELEC7R/C INRE (ENCROACHING 8.58' IN ESMTJ & 5' U77LITY £SMT (ENCROACHING 0.7' IN EMST ON EAST) O ® EX. 8' WASTE WA7ER LINE; 20' DRAINAGE Ct URUIY ESMT EX. 7X2' STY BOX CULVERT, BUILT 2014 BUILT 1980 vOL J88-212, PC 86 P.R. T.C. T. (22633, W. 12)QI FL 24' PIPE 675.11' (PROJECT NO. 0228J) N J WW WW N89 29 227E 390.48 EX. GAS LINE- I rL 0 20 40 GRAPHIC SCALE DRAWN BY: AS DATE: O8/O1 IW W""I ArAfFl % - ■�I • TO EX.WYE INLET (CONTRACTOR TO VERIFY_ PRIOR T � • 00 CONSTRUCTION) i is i� F DEVELOPER: ALL STAR CORRUGATED s4zS FORUM WAY SOUTH FORT WORTH, TEXAS 76Ao DWG FILE: EXHIBIT A m ALL STAR CORRUGATED EXPANSION 3 EXHIBIT A PROPOSED "OUTFALL 1" STORM PIPE ENCROACHMENT INTO PUBLIC D.U.E. wwa.urbanmategy.us TEL uy-396.-339 U R BA N pm Man Street Dallas, Texas 75226 STRATEGY TRACT 1 EASEMENT ENCROACHMENT 21 SQ.FT, LOT 6-13, BLOCK, 1 OAK GROVE PARK JESSE TEAGUE SURVEY, ABSTRACT NO. 1546 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS TRACT Being a 21 square feet tract of land situated in the Jesse Teague Survey, Abstract Number 1546, being a portion of Lot 6-B, Block 1, Oak Grove Park Addition, an addition to the City of Fort Worth, Tarrant County, Texas, recorded in Volume 388-212, Page 86, Plat Records, Tarrant County, Texas (P.R.T.C.T.), and being a portion of that tract of land described to Complete Real Estate, LLC, by Special Warranty Deed, recorded in Instrument Number D224063316, Official Public Records, Tarrant County, Texas (O.P.R.T.C.T.), and being more particularly described by metes and bounds as follows: COMMENCING from a 1/2 inch iron rod with cap stamped "ELIZONDO 6386" found for the southeast corner of Lot 4-A, Block 1, Oak Grove Park., recorded in Volume 388-113, Page 203, (P.R.T.C.T.), also being the northeast corner of said Lot 6-13, and being in the west Right -of -Way (R.O.W.) line of Oak Grove Road (120' R.O.W., Cabinet A, Slide 8954, P.R.T.C.T.); THENCE South 00 degree 27 minutes 08 seconds East, with the west R.O.W. line of said Oak Grove Road, a distance of 20.00 feet, to a point for corner; THENCE, departing the west R.O.W. line of said Oak Grove Road, over and across said Lot 6-B, the following bearings and distances: South 89 degrees 29 minutes 22 seconds West, a distance of 4.30 feet to the POINT OF BEGINNING; South 89 degrees 29 minutes 22 seconds West, a distance of 2.47 feet to a point for corner; North 00 degrees 27 minutes 08 seconds West, a distance of 8.58 feet to a point for corner; North 89 degrees 29 minutes 22 seconds East, a distance of 2.47 feet to a point for corner; South 00 degrees 27 minutes 08 seconds East, a distance of 8.58 feet to the POINT OF BEGINNING, and containing 21 square feet. The Basis of Bearing are based on the State Plane Coordinate System, Texas North Central Zone 4202, North American Datum of 1983, adjustment realization of 2011. This metes and bounds description is accompanied by an exhibit of eve date SO f r, Mark A. Nace Date Registered Professional Land Surveyor Texas Registration No. 5539 .-.lRl(..ALLAN„NACE , 5539 U K ® t. S T iR n T E C Y slJRv iioo E. Campbell Road, Suite aio Richardson, Texas 75081 Firm Registration #im946aa, 214.396,2339 www. urbanstrategy.us ISSUE DATE: 08/19/2025 PROJECT NO.: 241095,2 N/A PAGE 1 OF 6 TRACT 1 EASEMENT ENCROACHMENT 21 SQ. FT. LOT 6—B, BLOCK, 1 OAK GROVE PARK JESSE TEAGUE SURVEY, ABSTRACT NO. 1546 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS LOT4A, BLOCK 1 GRAPHIC SCALE OAKGROVEPARK 40' 0 20' 40' VOL. 388-113, PG. 203 I I r�r P.R. T.C. T. IFE 1 inch = 40 feet 30'ACCESS&FIREESMT, 5'DR4/NAGS& r SCAB. A — , SLIDE UTILITYESMT. P.R. TCT. CAB. A, SLIDE 8954 P.R. T C. T. N89 2922'E — — — ' 390.48' — — — — — — 20' DRAINAGE & �L5 112" IRF UrILIrYESMr. CAB. A, SLIDE8954 2-4 M.R. T,C. T. Una Table Line p BEARING DISTANCE L1 S 00'27'06' E 20,00' L2 S 89'20'22' W 4.30' L3 S 69'29'22' W 2.47' L4 N 00'27'06' W 6.56' L5 N 69'32'57' E 2,46' L6 S 00'30'36' E 8.56' LEGEND O BOUNDARYILOT CORNER IRF IRON ROD FOUND MNF MAG NAIL FOUND P.O.B. POINT OF BEGINNING P.O,C. POINT OF COMMENCING (CM) CONTROLLING MONUMENT VOL„ PG, VOLUME, PAGE M.R.T,C.T. MAP RECORDS, TARRANT COUNTY, TEXAS O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS INST, NO. INSTRUMENT NUMBER CAB, CABINET IRFC IRON ROD FOUND CAPPED P.R.T.C.T. PLAT RECORDS, TARRANT COUNTY, TEXAS SO, FT, SQUARE FEET ESMT. EASEMENT URBAN STRATEGY isoo E. Campbell Road, Suite zio Richardson, Texas 75081 Flnn Reglstratlon #10294610, � 396.a339 www,urbanstrategy.us TRACT I 4VPP' 103 1 i EASEMENT ENCROACHMENT i 2f SO. FT. 5'U7'1LI7-YESMT. i VOL. 388-212, PG 86 P.R. T.C. T. � it I LOT 6-B BLOCK 1 i OAKGROVEPARK SECOND FILING VOL. 388 212, PG. 86 i P.R. T,C. T. i COMPLETEREAL ESTATE, L L C INST. NO. D224063316 i O.P.R. T.C. T. i i 112" IRF (C. M,) LOT6ABLOCK I i OAKGROVEPARK SECOND FILING VOL. 388-212, PG. 86 P.R. T, C. T. i i i. O C 112-IRFC (C.M.) 'ELIZONDO 6386" e 11 I P.O.B. I TRACT 1 120' I K: C) Q 1s 4 igm. U Q) o •� :r, r,� V � q4 ,N O t\1 � R ll rja UU lL; T� I is J LL r Z U GENERAL NOTES 1. THE BASIS OF BEARING SHOWN HEREON IS BASED ON THE STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL ZONE 4202, NORTH AMERICAN DATUM OF 1983, ADJUSTMENT REALIZATION OF 2011. 2. THIS EXHIBIT IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION OF EVEN DATE. 3. NOT ALL LOT LINES OUTSIDE OF THE BOUNDARY OF THE SUBJECT PROPERTY SHOW HEREON HAVE BEEN SURVEYED AND ARE SHOWN AS GRAPHICAL DEPICTION BASED ON RECORDED INFORMATION AND TAX MAPS. ISSUE DATE: 08/19/2025 1 PROJECT NO.: 241095.2 I 1 INCH = 40 FEET I PAGE 2 OF 6 EX OWERHEAD ELECTRIC WR,5'-,-,T 120' ORAINAG£ & UTILITY EBMT VOL 388-212, PG 86 P.R.T.C.. N89 29 22 F 390. 48' m EX. 7X2' STU BOX CUUERT, BUILT 2014 (22633 SN. 12)--�, (PRO.£CT NO.. E 83) ^ iPA4)I, ww FL IN "N' S"X4" PIPE 673.42' FL IN'E" 3"X5" PIPE 673,42' FL OUT "S" 5"X6" PIPE 673.42' ® EX. 8" WASTE WATER LINE, BUILT 1980 Lll NJ WW- �.. to .. �EX. GAS LIN£ / PR/YA7E CARTEL RIP -RAP (LOCATED 10' FROM NORTH C3- PROPERY LINE) ENCROACHMENT IN 20' PUBLIC D.U.E. (ENCROACHING 10' IN EW r) J J SO 27'08'E 557. 78'---' 1'— FL 24" PIPE 675.11 O OLQ 3 LQ Qi o ~ Cn� O V N_ I EXHIBIT A PROPOSED GRAVEL RIP -RAP ENCROACHMENT INTO PUBLIC D.U.E. 0 20 40 DEVELOPER: ALL STAR ALL STAR CORRUGATED w�v.urnans ategy.°s TEL: au.396•a339 CORRUGATED a4x5 FORUM WAY SOUTH ,,aax Man Street FORT WORTH, TEXA5,16s4o EXPANSION 0 U R BA NDallas, Texas 75xa6 S T R A T E G Y .may'rom�.r-m GRAPHIC SCALE DRAWN BY: AS DATE: 08/01/2025 1 DWG FILE: EXHIBIT A US PROJECT #: 241095 TRACT 2 EASEMENT ENCROACHMENT 30 SQ. FT. LOT 6-B, BLOCK, 1 OAK GROVE PARK JESSE TEAGUE SURVEY, ABSTRACT NO. 1546 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS TRACT 2 Being a 30 square fEEEt tract of land situated in the Jesse Teague Survey, Abstract Number 1546, being a portion of Lot 6-13, Block 1, Oak Grove Park Addition, an addition to the City of Fort Worth, Tarrant County, Texas, recorded in Volume 388-212, Page 86, Plat Records, Tarrant County, Texas (P.R.T.C.T.), and being a portion of that tract of land described to Complete Real Estate, LLC, by Special Warranty Deed, recorded in Instrument Number D224063316, Official Public Records, Tarrant County, Texas (O.P.R.T.C.T.), and being more particularly described by metes and bounds as follows: COMMENCING from a 112 inch iron rod with cap stamped "ELIZONDO 6386" found for the southeast corner of Lot 4-A, Block 1, Oak Grove Park, recorded in Volume 388-113, Page 203, (P.R.T.C.T.), also being the northeast corner of said Lot 6-13, and being in the west Right -of -Way (R.O.W.) line of Oak Grove Road (120' R.O.W., Cabinet A, Slide 8954, P.R.T.C.T.); THENCE South 00 degree 27 minutes 08 seconds East, with the west R.O.W, line of said Oak Grove Road, a distance of 20.00 feet, to a point for corner; THENCE, departing the west R.O.W. line of said Oak Grove Road, over and across said Lot 6-13, the following bearings and distances: South 89 degrees 29 minutes 22 seconds West, a distance of 77.00 feet to the POINT OF BEGINNING; South 89 degrees 29 minutes 22 seconds West, a distance of 3.00 feet to a point for corner; North 00 degrees 30 minutes 38 seconds West, a distance of 10.00 feet to a point for corner; North 89 degrees 29 minutes 22 seconds East, a distance of 3.00 feet to a point for corner; South 00 degrees 30 minutes 38 seconds East, a distance of 10.00 feet to a the POINT OF BEGINNING, and containing 30 square feet. The Basis of Bearing are based on the State Plane Coordinate System, Texas North Central Zone 4202, North American Datum of 1983, adjustment realization of 2011. This metes and bounds description is accompanied by an exhibit of even date. --�NA I /W /2 0 Z� OF Mar A. Nace Date ',�Gt�a� � ..ARKA: Registered Professional Land Surveyor 1�...AL LLAtJ••FdAC�• � Texas Registration No. 5539 : 539 URBAN ;y. STRATEGY laoo E. Campbell Road, Suite 210 Richardson, Texas 75081 Firm Registration fo19461o, 234.396.2339 www.urbanstrategy.us ISSUE DATE: 08/19/2025 PROJECT NO.: 241095.2 N/A PAGE 3 OF 6 TRACT 2 EASEMENT ENCROACHMENT 30 SQ. FT. LOT 6-13, BLOCK, 1 OAK GROVE PARK JESSE TEAGUE SURVEY, ABSTRACT NO. 1546 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS LOT4A, BLOCK 1 OAKGROVEPARK VOL. 388-113, PG. 203 P.R. T.C. T. 30'ACCESS & FIRE ESMT. — — — 5' DRAINAGE & — CAB. A, SLIDE8954— p.R. T.C. T. UTILITYESMT. CAB. A, SLIDE 8954 N 89 °2922" E P.R. T. C T. ------ fj— 390.48' — — — — — — 112" IRF (C.M.) IL9 TRACT2 EASEMENT ENCROACHMENT 30 SQ. FT. Line Table Lino N BEARING DISTANCE L1 S 00'27'08' E 20.00' L7 S 89'29'22" W 77.00' LB S 89'29'22"W 3.00, L9 N 00'30'38" W 10100' L10 N89'29'22-E 3.00' 111 S 00-30'38" E 10.00' LEGEND O BOUNDARYILOT CORNER IRF IRON ROD FOUND MNF MAG NAIL FOUND P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCING (CM) CONTROLLING MONUMENT VOL,, PG. VOLUME, PAGE M.R.T.C,T. MAP RECORDS, TARRANT COUNTY, TEXAS OR.R.T.C.T. OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS INST. NO. INSTRUMENT NUMBER CAB. CABINET IRFC IRON ROD FOUND CAPPED P.R.T.C.T, PLAT RECORDS, TARRANT COUNTY, TEXAS SQ. FT. SQUARE FEET ESMT. EASEMENT Id URBAN STRATEGY uclo E. Campbell Road, SUIte 21.0 Richardson, Texas 75081 Firm RegistratIon #10194610, 2u,.396.2339 www.urbanstrategy.us 20' DRAINAGE & UrfTYESMT. 11I CAB. A, SLIDE8954 M.R.T.CT. `!'. C.B. TRACT 2 5'UTILITYESMT. VOL. 388212, PG. 86 P.R. T.C. T. LOT 6-B BLOCK 1 OAKGROVEPARK SECOND FILING VOL. 388-212, PG. B6 PR. T.C. T. COMPLETEREAL ESTATE LLC INST. NO. D224063316 O.P.R. T.C. T. 1/2" IRF (C.M.) LOT 6 A BLOCK 1 OAK GROVE PARK SECOND FILING VOL. 388 212, PG. 86 P.R. T.C. T. GRAPHIC SCALE 40' f 2040' 1 inch = 40 feet I—! . O. C. 112-IRFC (C.M.) 'ELIZONDO 6386" L1 1 12OF :? t,, Q� W CII ttJ J ry v Z m uj � � O O V; ti. O Va ;1 G� ,4 C �' '> w Z Ll j I-_ w i� <n I w U GENERAL NOTES 1. THE BASIS OF BEARING SHOWN HEREON IS BASED ON THE STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL ZONE 4202, NORTH AMERICAN DATUM OF 1983, ADJUSTMENT REALIZATION OF 2011. 2. THIS EXHIBIT IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION OF EVEN DATE. 3. NOTALL LOT LINES OUTSIDE OF THE BOUNDARY OF THE SUBJECT PROPERTY SHOW HEREON HAVE BEEN SURVEYED AND ARE SHOWN AS GRAPHICAL DEPICTION BASED ON RECORDED INFORMATION AND TAX MAPS. ISSUE DATE: 08/19/2025 1 PROJECT NO.: 241095.2 1 1 INCH = 40 FEET I PAGE 4 OF 6 EX. OIERHEAD ELECTRIC WE—,; 120' DRAINAGE & U77UTY ESMT WL J88-212 PG 86 P.R. T.0 29 22 E 390.48' PRIVATE PaVO 0417FALL 2 24' SIM RLP 0 20 40 GRAPHIC SCALE DRAWN BY: AS DATE: 08/O1 0+67..7 "POND OUTFALL 2" CONNECT TO EX. 84'X24 " BOX CUL VERT (CONTRACTOR TO VERIFY EXACT LOCATION & FLOWLINE PRIOR TO CONSTRUCTION) INSTALL: 1-45' WYE FL 84"--674.80 FL 24 " 674.80 FL IN'N" 5'X4' PIPE 673.42' FL IN'E' 3'X5" PIPE 673.42' FL OUT "S" 5'X6" PIPE 673.42' ® ® EX. 8' WASTE WA7ER LINE, BUILT 1980 EX. 7X2' S7M BOX CUL 4ERT, BUILT 2014 W (2263J, SH, 12) N(PRaeCT Na 02283) WWIII—W1N -EX. CAS LINE / PR/YA7F / I( STU PIPE (LOCA7EV 46.47' FROM NOR7H OF / PROPERY UNE) ENCROACRMENT IN 20' PUBLIC O. U.E (ENCROACHING 4.49' IN ESMT) DEVELOPER: ALL STAR CORRUGATED 1425 FORUMWAY SOUTH FORT WORTH, TIXAS 76i4o J J SO 27'08 E 557.78'---" M1 M1 ALL STAR CORRUGATED EXPANSION US PROJECT #: FL 24" PIPE 675.11' C) ',\ O-7 O k Q Q3 h V N Qi EXHIBIT A PROPOSED "OUTFALL 2" STORM PIPE ENCROACHMENT INTO PUBLIC D.U.E. —urbanstrategy.us TEL 2M.396-a339 URBAN 4oxaManStreel Dallas, Tex6 STRATEGY finne�— . -v. TRACT 3 EASEMENT ENCROACHMENT 16 SQ. FT. LOT 6-B, BLOCK, 1 OAK GROVE PARK JESSE TEAGUE SURVEY, ABSTRACT NO. 1546 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS TRACT 3 Being a 16 square foot tract of land situated in the Jesse Teague Survey, Abstract Number 1546, being a portion of Lot 6-13, Block 1, Oak Grove Park Addition, an addition to the City of Fort Worth, Tarrant County, Texas, recorded in Volume 388-212, Page 86, Plat Records, Tarrant County, Texas (P.R.T.C.T.), and being a portion of that tract of land described to Complete Real Estate, LLC, by Special Warranty Deed, recorded in Instrument Number D224063316, Official Public Records, Tarrant County, Texas (O.P.R.T.C.T.), and being more particularly described by metes and bounds as follows: COMMENCING from a 1/2 inch iron rod with cap stamped "ELIZONDO 6386" found for the southeast corner of Lot 4-A, Block 1, Oak Grove Park recorded in Volume 388-113, Page 203, (P.R.T.C.T.), also being the northeast corner of said Lot 6-B, and being in the west Right -of -Way (R.O.W.) line of Oak Grove Road (120' R.O.W., Cabinet A, Slide 8954, P.R.T.C.T.); THENCE South 00 degree 27 minutes 08 seconds East, with the west R.O.W. line of said Oak Grove Road, a distance of 20.00 feet, to a point for corner; THENCE, departing the west R.O.W. line of said Oak Grove Road, over and across said Lot 6-6, the following bearings and distances: South 89 degrees 29 minutes 22 seconds West, a distance of 165.50 feet to the POINT OF BEGINNING; South 89 degrees 29 minutes 22 seconds West, a distance of 3.48 feet to a point for corner; North 44 degrees 29 minutes 22 seconds East, a distance of 6.35 feet to a point for corner; North 89 degrees 29 minutes 22 seconds East, a distance of 3.48 feet to a point for corner; South 44 degrees 29 minutes 22 seconds West, a distance of 6.35 fee to the POINT OF BEGINNING, and containing 16 square feet. The Basis of Bearing are based on the State Plane Coordinate System, Texas North Central Zone 4202, North American Datum of 1983, adjustment realization of 2011. This metes and bounds description is accompanied by an exhibit of even 8/.21 2 s- F Mark k Nace Date Registered Professional Land Surveyor Texas Registration No. 5539 ! ?�, ,AY NACE LL., .A 5539 STRATEGY iioo E. Campbell Road, Suite 210 Richardson, Texas 75081 Firm Registration #io194610, 21y 396.z339 www.urba nstrategy, us ISSUE DATE: 08/19/2025 PROJECT NO.: 241095.2 I N/A PAGE 5 OF 6 TRACT 3 EASEMENT ENCROACHMENT 16 SQ. FT. LOT 6-13, BLOCK, 1 OAK GROVE PARK JESSE TEAGUE SURVEY, ABSTRACT NO. 1546 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS LOT4A, BLOCK 1 OAK GROVE PARK VOL. 388-113, PG. 203 P.R. T. C. T. �---— .....—._.._....--..._._ _-- ..-..-- " 30'ACCESS&FIREESMT 5'DRAINAGE& 1/2 /RF — — —CAB. RE954 UTILITYESMT. ((-M- P,R.T.CT. — CAB. A, SLIDE.R.TC. . ) — P.R. T.C. T. — — .. V L 151 IL 14 1161 IL 13 P O.B. TRACT 3 TR4CT3 EASEMENT ENCROACHMENT 16 SQ. FT. Una Table Lino BEARING DISTANCE L1 5 00'27'06' E 20.00' L12 5 69'29'22' W 165.50' L13 N 89129'22' E L14 S 44'29'2T W 6.35' 05 S 69'29'22" W 1.46' U 6 N 44'29'22- E 6.36' URBAN S T RAT E G Y uoo E. Campbell Road, Suite 2io Richardson, Texas 75081 Firm ReglstraWn N1m9461o, 224.196.2339 www.urbanstrategy.us 20'DRAINAGE & UTILITY ESMT. CAB. A, SLIDE 8954 M.R. T C T. I ) I I 5'UTILITYESMT. VOL. 388-212, PG. 86 P.R. T.C. T LOT 6-B BLOCK 1 OAK GROVE PARK SECOND FILING VOL, 388-212, PG 86 P.R.T.CT. COMPLETEREAL ESTATE, LLC INST. NO. D224063316 O.P.R. T.C. T. 1/2"IRF (C.U..) LOT6ABLOCK 1 OAK GROVE PARK SECOND FILING VOL. 388-212, PG. 86 P.R. T. C. T. GRAPHIC SCALE 40' 0 20' 40' 1 inch = 40 feet GENERAL NOTES 1. THE BASIS OF BEARING SHOWN HEREON IS BASED ON THE STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL ZONE 4202, NORTH AMERICAN DATUM OF 1983, ADJUSTMENT REALIZATION OF 2011. 2. THIS EXHIBIT IS ACCOMPANIED BY METES AND BOUNDS DESCRIPTION OF EVEN DATE. 3. NOTALL LOT LINES OUTSIDE OF THE BOUNDARY OF THE SUBJECT PROPERTY SHOW HEREON HAVE BEEN SURVEYED AND ARE SHOWN AS GRAPHICAL DEPICTION BASED ON RECORDED INFORMATION AND TAX MAPS. P. O. C. 1/2" IRFC (C.M.) "ELIZONDO 6386" L> I I 120' I OI r 1 V` i �J �riz Igo rzJ Cra L7a O ` Q }, q vJ j �I n Iz W LEGEND O BOUNDARY/LOT CORNER IRF IRON ROD FOUND MNF MAG NAIL FOUND P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCING (CM) CONTROLLING MONUMENT VOL., PG. VOLUME, PAGE M,R.T.C.T. MAP RECORDS, TARRANT COUNTY, TEXAS O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TFXAS INST, NO. INSTRUMENT NUMBER CAB. CABINET IRFC IRON ROD FOUND CAPPED P.R.T.C.T. PLAT RECORDS, TARRANT COUNTY, TEXAS SO. FT. SQUARE FEET ESMT. EASEMENT ISSUE DATE: 08/19/2025 1 PROJECT NO.: 241095.2 1 INCH = 40 FEET I PAGE 6 OF 6 EXHIBIT B Certificate of Insurance Tier II Easement Encroachment Agreement Page 12 of 12 Revised 12/2022 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: All Star Corrugated Real Estate Subject of the Agreement: Private stormwater structures encroaching a Public drainage and utility easement 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. Effective Date: Date of Director's signature If different from the approval date. Expiration Date: 30 yrs from Director's signing date If applicable. Is a 1295 Form required? * Yes ❑ No 21 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. PN25-00145 *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.