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HomeMy WebLinkAbout064902-A1 - General - Contract - Fort Worth Residences, LLC5/6/2026 Date Received: Time Received: 9:12 a.m. Record Number: PN25-00200 City Secretary No.: 64902-A1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 64902 , RIGHT OF WAY ENCROACHMENT LICENSE AGREEMENT This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO.64902, RIGHT OF WAY ENCROACHMENT LICENSE 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 herein by and through its duly authorized City Manager, Assistant City Manager, or Development Services Department Director, and Fort Worth Residences, LLC a Delaware limited liability company ("Licensee"), acting herein by and through its duly authorized representative. RECITALS WHEREAS, City and Licensee made and entered into City Secretary Contract No.64902 on March 19, 2026 a copy of which is attached hereto as Exhibit A (the "Agreement"), to authorize the use of the City's right of way for the purposes of constructing, installing and maintaining a private storm drain; and WHEREAS, the parties wish to amend the Agreement to the term of forty-five (45) years; and NOW THEREFORE, City and Licensee, acting herein by and through their duly authorized representatives, enter into the following that amends the Agreement: Page 1 of 6 Updated 2024 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 1. Section 7. of the Agreement is here by deleted in it entirety and replaced with the following: "7. The term of this Agreement shall be for forty-five (45) 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." 2. The effective date of this Amendment shall be the date of its execution by the City. 0 All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. Page 1 of 6 Updated 2024 EXECUTED to be effective on the date signed by the City's Director of Development Services Department City: CITY OF FORT WORTH D&Oil Claw- 4 By: Dalton Harrell (May 4, 2026 14:21:31 CDT) D. J. Harrell Director, Development Services Department Date: 05/04/2026 va C ATTEST: phi F°RTo9a� Approved As To Form and Legality �e a °nIl�aa5d4 Jannette Goodall, City Secretary Tayler Canton 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 Development Services Manager Page 2 of 6 OFFICIAL RECORD Updated 2024 CITY SECRETARY FT. WORTH, TX Licensee: Fort Worth Residences, LLC a Delaware limited liability company By: Name: Michael Ramsey Title: Manager Date: V2 2124 STATE OF 7` Atk-,,,t ti COUNTY OF 71f#e ---kW1 § BEFORE ME, the undersigned authority, a Notary Public in and for the State of %4". , on this day personally appeared Atkhkt ( Je"*?z► ii4r+aur (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 ofFo,* 4*1A a Ta "o-e- 4LC- (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this c�Qrdday of 2026. Notary Public in and for the CATHERINE COLE PENNINGTON Notary Public, Alabama State At Large My Commission Expires 04/02/2029 Page 3 of 6 Updated 2024 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 4th day of May 2026. Notary Public in and for the State of Texas Page 5 of 6 Updated 2024 CRY Py < KATHLEEN BRADFORD Notary Public s STATE OF TE XAS Notary I.Q. 12197197 of MY Comm. E . Am 72, 2027 EXHIBIT A Tier II ROW Encroachment Agreement Page 10 of 11 Standard D226050636 03/20/2026 11:38 AM Page: 1 of 16 Fee: $80.00 Submitter: CFW Contract Management Office Electronically Recorded by Tarrant County Clerk in Official Public Records f3, MARY LOUISE NICHOLSON COUNTY CLERK Date Received: 3/19/2026 Record Number: PN25-00200 Time �ceived: 10 :46 a.m. City Secretary No.: 64902 SSSSSSSr UIG'ROPERTY RIGHT-OF-WAY ENCROACHMENT LICENSE AGREEMENT TIER H THIS AG` � m NT is made and entered into by and between THE CITY OF gy, ',, FORT WORTH, ho71�,, ��� lg municipal corporation of Tarrant County, Texas ("City"), acting by and throng f(4ts11))du p authorized City Manager, Assistant City Managers or Director of the Development Swiees Department, and Fort Worth Residences, LLC, a Delaware limited liability cOJftipah'� ("Licensee"), acting by and through its duly authorized representative. C7'ALS WHEREAS, Licensee is the owner„ f the, property located at 3320 Hemphill Street, Fort Worth, Texas 76110 (`Property `nore particularly described as, Our Lady of Victory Heights, Block 2 Lot 1R, an ad>r�rrrrre City of Fort Worth, Tarrant County, Texas, as recorded in Deed Records, by Int»> umber D225040894; and rrr WHEREAS, the City owns a public right of -why (,tie , "Public Property") adjacent to the Property, dedicated by plat, depicted on the fl pit of the property (FS- 25-046), which plat is recorded in the plat records of Tarr a(t Cp as Instrument D225038454; and ;'"" r WHEREAS, Licensee desires to construct, place, and ` ,ff itWg1h certain improvements which will encroach in, on, above, or below the Public Prop, ate'; rllrnn.aut1 r(7lllhs z WHEREAS, to accommodate the needs of the Licensee, the City will alb t�,�,. encroachment under the terms and conditions as set forth in this Agreement. NOW, THEREFORE, the City and Licensee agree as follows: AGREEMENT 1. The City, in consideration of the payment by Licensee of the fee set out below and covenants and agreements hereinafter contained to be kept and performed by Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and occupy a portion of the City's Public Property as described in and at the location shown on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing, installing, and maintaining a private storm drain (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Tier II ROW Encroachment Agreement Page I of I I Standard D226050636 Page 2 of 16 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 specif ally described in Exhibit "A." z "Our SSSSSOv, 4 eonruction, installation, maintenance, and operation of the Encroachment and the use ciancy of the Public Property shall comply with and be performed in strict complidhce ytl this Agreement and with the charter, ordinances, codes, and policies of they""' � �or to the construction or installation of the Encroachment, Licensee shall sub4r8)1"'it", it, plans and specifications to the Director of the Development Services Department ��;l", , "y pthorized representative. Licensee shall not commence construction or installation of„�GP-e encroachment nor make any use of the Public Property until after the execution of th AAgr ment. kkF 3 f � nna�l« xxxi� Licensee, at no expense td Civ, shall make proper provisions for the relocation and installation of any or future utilities affected by such Encroachment and the use and occupanc I,, f the Public Property, including the securing the approval appropriate utili�«« p and om anies agencies of the State of pp and consent of theg Texas and its political subdivisions. In the,nt j't any installation, reinstallation, relocation, or repair of any existing or future 4f, 'uti't«jmprovements owned by or Of constructed by or on behalf of the public or at publ c Q�ells is made more costly by virtue of the construction, maintenance, or existenceWthe Encroachment and use of ««< Public Property, Licensee shall pay to City an additional apt 3ua1 to such additional cost as determined by the Director of Transportation and PubIi Wgtk$, the Director of the Water Department, the Director of the Development Servi D,prtrnent, or their duly authorized representative. 4. �i333333333� Licensee agrees that City may enter and utilize the Public Property af%004rifior any public purpose, including installing, repairing, replacing, or main�ni improvements to its public facilities or utilities necessary for the health, safeiy, welfare of the public. The City shall have no responsibility or liability for any damage 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 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 Tier II ROW Encroachment Agreement Page 2 of I I Standard D226050636 Page 3 of 16 Encroachment and restore the Public Property, Licensee hereby gives City permission to remove the Encroachment and any supporting structures from the Public Property, to restor ll1$he Public Property, and to assess a lien on the Property for the costs expended by the y i#,,Iaking such actions. 6. In drde to defray all costs of inspection and supervision which the City has incurred or Will i, tq as a result of the construction, maintenance, inspection or management of"'th' loachment and use of Public Property as provided for by this Agreement, License ' *r to pay to City at the time this Agreement is requested an � ««<. application fee in th M11111�° One Thousand Twelve Dollars and Fifty Cents ($1012.50). Additionally, Licens, a agrees to pay a fee in the amount of $2.25 per linear foot of the encrac*ilea area upon execution of this Agreement and annually thereafter. f r 7,,,,,, 11"' ,4111111u"" The term of this Agreement shaffillbe for thirty (30) years, commencing on the date this b Agreement is executed "v er, the City g Y Ci ty: � may terminate this Agreement upon Licensee's noncompliance wi! W pf the terms of this Agreement. Pp"cure the shallCity notify non om Licensee in within writing of anysuch days n"�Sna ltance and if Licensee does not p thirty (30),o t _,,, om City, the City may ,....�, terminate this Agreement. However, the City may, at its sod opt�n, allow the Agreement to remain in effect so long as Licensee has taken reaO*lesorr easures to cure the noncompliance or is continuing to diligently attempt to remedy to nQ&ompliance. 8. It is further understood and agreed between the parties hereto f at . the, Public Property to be used and encroached upon is held by City as trustee for thy, p ;,,,that City exercises such powers over the Public Property as have been delegated to i ,y' the Constitution of the State of Texas or by the Texas Legislature; and that City""car o �«/ contract away its duty and its legislative power to control the Public Property for tk6 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. 9. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS Tier II ROW Encroachment Agreement Page 3 of 11 Standard D226050636 Page 4 of 16 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, WIITR REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WIIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTINNNE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE ENCROA0"T AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN) WI ;OLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF OFFICERS,"""AIMS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRAC ' "S; ICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND E HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FORCI CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME Ai,L,11)(BILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR 1D ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT ` QF ....z�OR IN CONNECTION WITH THE ENCROACHMENTS AND ANC'""' ?TD„„ ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, 11`A,INTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTCIS, LICENSEES, OR INVITEES. K44K�tfrrrr; 10 SSSSSSSSx While this Agreement is in effect, Licensk aa, to furnish City with a re fiO ««< Certificate of Insurance naming City as certificate holder"axpro that is has secured and paid for a policy of public liability insurance covering pubrlit risks related to the proposed use and occupancy of public property as located and descrtj*d 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 amlar be revised upward at City's option and that Licensee shall so revise such �Wbunva immediately following notice to Licensee of such requirement. Such insurance' poi y' shall not be canceled or amended without at least thirty (30) days prior written noti6�e 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. 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. Tier II ROW Encroachment Agreement Page 4 of I I Standard D226050636 Page 5 of 16 12. ��i�IIIIIIIIIIII'� Lnsee agrees to comply fully with all applicable federal, state, and local laws, status ounces, codes, and regulations in connection with the construction, operatio ' dfi r iaintenance of the Encroachment and use of the Public Property. »» 13. ttttttt „ii Licensee a eelk"to. �0 y promptly when due all fees, taxes, or rentals provided for by this Agreement or b���,,, f� ral, state, or local statute, law, or regulation. 14. r tt%ifr} Licensee covenants and ag ee,; the it shall operate hereunder as an independent contractor as to all rights and privil'`s ;granted hereunder and not as an officer, agent, servant, or employee of City, and Li r e shall have exclusive control of and the exclusive right to control the details of ifs operations, and all persons performing same, and shall be solely responsible for the acts and or,' s` ns of its officers, agents, servants, employees, contractors, subcontractors, lice�es aid invitees. The doctrine of respondeat superior shall not apply as between ittttnc� icensee, its officers, agents, servants, employees, contractors, and subcontractor rid nothing herein shall be construed as creating a partnership or joint enterprise betwev"i"i CRY and Licensee. 15. tisssssu, tttttt Licensee agrees and acknowledges that this Agreement is sti'i f the purpose ��333333 333 of permitting Licensee to construct, maintain, and locate the Encroachi�� r within the Public Property and is not a conveyance of any right, title, or mtero; t 1,4 or to the Public Property, nor is it meant to convey any right to use or occupy prope Q,.i a third -party may have an interest. Licensee agrees that it will obtain all nessar permissions before occupying such property. ,lii111»``' 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. 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 Tier II ROW Encroachment Agreement Page 5 of I I Standard D226050636 Page 6 of 16 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 A gleement to the new owner of the Property, and Licensee shall be deemed released ts 1jpties and obligations hereunder upon City's approval in writing of such assi „ss, anapproval shall not be unreasonably conditioned or withheld. pp Y Foreclos 'e,,46by, 'a secured lender of Licensee or assignment to a secured lender by Licensee me v of default or otherwise shall not require City approval provided that said lender rttifietttt Catty in writing within sixty (60) days of such foreclosure or ������� assignment anc�'s"a]1 of Licensee's rights and obligations hereunder. However, no change of ownershPik foreclosure or assignment to any secured lender of Licensee shall be effective as `� � 4 tk mess and until written notice of such foreclosure or 1 Id assignment is provided to City. 19. r < < Prior to the end of the terra pf t greement, Licensee may submit a new encroachment application to the Ciiy". he��Ci r, will not unreasonably withhold or delay approval of such application provided t4k OW Encroachment follows the then current City codes and compliance. K44K�� tfrrrr; 20 ;tttttt ;441 Any cause of action for breach of this Agrna $hill be brought in Tarrant County, Texas. This Agreement shall be governed by t e l vs o Ithe State of Texas. 21. ti44444u"�� rttttt nisi ur r This Agreement shall be binding upon the parties hereto and, cessors and ,4ss3333333333, assigns. 22. rllrnY u� rrfllllnzn This Agreement may be executed in multiple counterparts, each of which slalllfll"�� considered an original, but all of which shall constitute one instrument [SIGNATURES APPEAR ON FOLLOWING PAGE] Tier II ROW Encroachment Agreement Standard Page 6 of I I D226050636 Page 7 of 16 CITY OF FORT WDRTf F a lhl~, An By: Dalton Harrell (Mar 19. 202 nIIIIIIIi�" D. J. Harrell Director, Development 03/19/2026 Date:,1��111111u'� ATTEST: Jannette Goodall, City Secretary W Tayler Canton Assistant City Form and Legality 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 Tier II ROW Encroachment Agreement Standard Page 7 of 11 D226050636 Page 8 of 16 Licensee: Fort =,th Residences, LLC a Dc11,e limited liability company 10- Title: Ramsey Date_ 1:4/ffW . AS STATE OF A-�WnQ mO 4 f COUNTY OF I�`` ,1D11?u' BEFORE ME, the undersigned autho—rity, Public in and for the State of p on this day personally r ,; aPaed f�t4tl'Nt SST ' ttttttt% ,,,,,; , � /WiFel' (Title) known to me to be the p oia whose name is subscribed to „ WIN, the foregoing instrument, and acknowledged to me that he of she""`o--'ecuted the same for the purposes and consideration therein expressed, as " tl bw^!i- PM;finf4144 G. a 'PCi f~C LLC— (entity type therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this iv 2026. Notary Public in and for the State of f " l; AmrA L— Tier (i ROW Encroachment Agreement Standard and deed of capacity CATHERINE COLE PENNINGTON Notary Public, Alabama State At Large My Commission Expires 04102/2029 Page 8 of 1 1 D226050636 Page 9 of 16 ST,VT'E, sss'F.T dIIIF 044444`' r BEFOG rr Texas, on this whose name is CAS § ARRANT § executed the same for the undersigned authority, a Notary Public in and for the State of k4lly appeared D.J. Harrell, known to me to be the person Jo the foregoing instrument, and acknowledged to me that he deed of the City of Fort W and consideration therein expressed, as the act and capacity therein stated. rrrrrrr 19th GIVEN UNDER MY HANLdh11`` SEAL OF OFFICE this day of March 2026. Notary Public in and for the State of Texas Tier II ROW Encroachment Agreement Standard 'AMP f(q rrrrrrrr< � +,� rrrr ++++++ VON 11111J .+ �� ti444444{( rn P� HATHL` F �,� NotaYp ubli : tttttt ♦ . STATE OF TA:Srrrrr H 666��N11 Notary I.D. I9118 av b My Comm. Ex . Apr. Sri mrrrr ittttr r(/r1,. rllrrarr u� rrrrrrrh� z„ Page 9 of 11 D226050636 Page 10 of 16 EXHIBIT A Depiction and description of the Encroachment Tier II ROW Encroachment Agreement Standard Page 10 of 11 D226050636 Page 11 of 16 N.T.S. CITY PROJECT NO. MAPSCO NO. 104749 TAR-90D COUNCIL DISTRICT 9 D226050636 LEGAL DESCRIPTION Page 12 of 16 BEING a 120 square foot (0.0028 acre) tract of land situated in the Lydia Jane Warwick Survey, Abstract No. 1663, City of Fort Worth, Tarrant County, Texas, and being part of Woodland Ave, a 60-foot right-of-way, shown on the plat of Our Lady of Victory Heights recorded in Volume 1019, Page 473, Plat Records, Tarrant County, Texas, and being more particula rly,,146,scri bed as follows: COMMENCING, 1 nch iron rod found at the southeast corner of Lot 1-R, Block 2, Our Lady of Victory Heights, an addition to thef,r>ort Worth according to the plat recorded in Instrument No. D225038454, Official Public Records, Tarrant Count x Texx s, and being at the intersection of the north right-of-way line of said Woodland Avenue, and the west ri ht of wa e + �g ""y,��rt� o�};emphill Street, an 80-foot right-of-way, from which an "+" cut found at the northeast corner of said Lot 1-R ll p34'44" West, a distance of 982.77 feet; r �������0�1111��7771r,, THENCE South 89'35'11" est, ng the said north right-of-way line, and along the south line of said Lot 1-R, a distance of 711.27 feet to thEGINNING; THENCE South 00°00'00" East, departing."" north right-of-way line, and the said south line, a distance of 12.04 feet to a point for corner; r THENCE North 90°00'00" West, a distance of 11. 1 Wto a point for corner; THENCE North 00°00'00" East, a distance of 11.9�A , 1� o a point for corner in the said north right-of-way line of Woodland Ave, and being in the said south line of Lot `�" cccccc THENCE North 89°35'11" East, along the said north right of flay Ike, and along the said south line, a distance of 10.00 feet to the POINT OF BEGINNING and containing 120 sg... ............f�ti.0.0028 acres of land, more or less. dtttttr S� 4 1JJl1J,' llllt r+++ffftt. "rrrrrr+ r4444444r'. NOTESaaaaa�,,,,,. Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment)M,N th jral Zone (4202). A survey plat of even survey date herewith accompanies this metes and bounds description The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing w `'i n accurately sets out the metes and bounds of the encroachment tract. JOSHUA D. WARGO REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6391 801 CHERRY STREET, UNIT 11 SUITE 1300 FORT WORTH, TEXAS 76102 PH. 817-335-6511 josh.wargo@kimley-horn.com JOSHUA D. WARGO �q 6391 qo AN.-E S SO ENCROACHMENT AGREEMENT LYDIA JANE WARWCK SURVEY ABSTRACT No. 1663 CITY OF FORT WORTH TARRANT COUNTY, TEXAS D226050636 Page 13 of 16 WEST SHAW STREET (A 60-FOOT RIGHT-OF-WAY) r.v.�. — rvu"11 yr owu111141110.1 nnnnu IRFC = IRON ROD W/GAP FOUND LOT 1-R, BLOCK 2 XF = "+" CUT FOUND OUR LADY OF VICTORY HEIGHTS LINE TABLE NO. BEARING LENGTH L1 S00°00'00"E 12.04' N90°00'00"W 10.00' LL4 N00°00'00"E 11.96' N89'35'11"E 10.00, NOTES 10011 INST. NO. D225038454 �»)))))�� OWNER: F T WORTH RESIDENCES, LLC 1ST. NO. D225040894 ti11`` .1��11111�u''',. 0.0028 ACRES 120 SQ. FT. L4 JI IJ L2 WOODLAND AVE VOL. 1019, PG. 473 (A 60-FOOT RIGHT-OF-WAY) XF �I N W �I T 2 m z � s N O O OO 2 Z �r 2r 0 � T ill Dm {m Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202). A metes and bounds description of even survey date herewith accompanies this survey plat. The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey plat accurately sets out the metes and bounds of the encroachment tract. ENCROACHMENT AGREEMENT LYDIA JANE WARWCK SURVEY (� ,�,E•.o•F••r P'• G�STER�� ABSTRACT No. 1663 JOSHUA D. WARGO y �aFo� N CITY OF FORT WORTH REGISTERED PROFESSIONAL ••••••----- ••••••••------• —••••• TARRANT COUNTY, TEXAS LAND SURVEYOR NO. 6391 JOSHUA D. WARGO .... .......................... 801 CHERRY STREET, UNIT 11 SUITE 1300 z -%,po 6391 �P;� Kimlev*Horn FORT WORTH, TEXAS 76102 9/I% •� E s s °�y� O ••S 801 Cherry Street, Unit 11, # 1300 Tel. No. (817) 335 6511 Fort Worth, Texas 76102 FIRM # 10194040 PH. 817-335-6511 URv www.kimley-horn.com josh.wargo@kimley-horn.com Scale I Drawn by I Checked by I Date I Proiect No. I Sheet No. 1"=20' DMD JDW 11/04/2025 1 064543404 1 2OF2 D226050636 Page 14 of 16 L Z. z w /^ p J ZLU W w 11 ssssss SSSSSSS��00 W U) W W Z } Z co W w w W LU J J i dIIIIIh' � WOo0z Ar 0 U !»»» rrr w w w W llMl »aa���� !,y5�ll" ;� Z»»»C Z W U) CO U) z O O O a a a z z m «il».I 0 0 0 x a a a w x w x w = Z W W zO J � 4 a z a11111ii1 xxx�' � � w «IIIII «!«< U Q rr{r !!!!!4 J»»> 1111J, I vJill r!lliiiY Z Z w r unn�iiiiiiiU r77NNNs° I F- �- Z w W co Q nr r urur O a� IU' ° IL I Z w H O J " J w O Z m 0 N CCO U j CO Z U Z_ (D w O Z o O LO + N CN O U— O H H co cn I :aa6owl 6.G'HH-Llnl 5nWHH-4 M- 6MG'HH-Iw - 6vq 4ww>u311SO-4H1' 6+ HH- I- &+ HH-u 6 P'HH-w4v 6",HH-iMs5+ 6My'HH->1� :o1� wdIO:S 0OZAVOL [H d I-31 6wpy !!QH'3\09f6f4c!19nd>tl\ducal\Io»l\ol>Oddy\ll0'—miN n\:0 : u D226050636 Page 15 of 16 0 H00 w w W U- Z J J Z o z o �, amw ! ,1)111)p";,° LO o 0 0 coo w C� z rn I r W � X Lu � Z 3uniof12i15� 13iino J :11VISNI 0 3NIl ImUiS Z9' Z+6 :ViS 73 13 INI suno ry 'X3 01 103NNOO " :11VISNI p '^ 0 3NIl INUIS 00' 0+6 :VIS U) c� Q w o a 0 0 Lid CD d o M N n 00, �7iir"rig rSSSSSSr� urrru .:,z{7 MO rrrrrrru uut' rriri 00769 :'i O U � W m XJ WFl O w z W 00 U o 0 N U Z W 0 0 0 O III —W.1 6. HH-GW3 6 P HHa~ 6V HH-Iw 6i+P'Woon tLg0-4H1' 6V'HH- lx 6-P'HHw 6v.P HH--V SnP'HH-lx 6x.P'HH- W1 :y-q �IOt MVTZ/OI [31Wi L-31 6 P'O WAZZI\a+ n\� Mu D226050636 Page 16 of 16 EXHIBIT B Certificate of Insurance Tier II ROW Encroachment Agreement Standard Page 11 of 11 FORT WORTH, City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Fort Worth Residences, LLC Subject of the Agreement: Amendment of Contract No. 64902 M&C Approved by the Council? * Yes ❑ No 21 If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes © No ❑ 64902 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 © 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 differentfrom the approval date. Ext1iration Date. 45 yrs from the date of Director's signatures Y If applicable. Is a 1295 Form required? * Yes ❑ No *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: Ifapplicable. PN25-0200 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes © No ❑ Contracts need to be routed for CSO processing in the followingoder-. 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.