HomeMy WebLinkAbout065220 - General - Contract - Van Zandt Apartments, LLC, Van Zandt Garage LLC, Van Zandt Retail, LLC, and Jay Land Ltd. Co.5/20/2026
Date Received:
Time Received: 4:33 p.m.
Record Number: PN26-00001.
City Secretary No.: 65220
PUBLIC PROPERTY RIGHT-OF-WAY ENCROACHMENT LICENSE
AGREEMENT
TIER Il
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 Van Zandt Apartmnets, LLC, a
Nebraska limited liability company, Van Zandt Garage LLC, a Nebraska limited liability
company, Van Zandt Office, LLC, aNebraska limited liability company, VanZandt Retail,
LLC, a Nebraska limited liability company, and Jay Land Ltd. Co., a New Mexico limited
liability company (collectively, "Licensee."), acting by and through its duly authorized
representative.
RECITALS
WHEREAS Licensee is the owner of the real property located at 2816 West 7t1'
Street, Fort Worth, Texas 76107 ("Property"), being more particularly described as, Units
1 — 4, Van Zandt Condominium, located at Lot 4111, Block 10, of an addition to the City
of Fort Worth, Tarrant County, Texas, as recorded in Deed Records, by Instrument
Numbers D225114896, D225114899, D225114897, D225114898, D226069141,
D226069142, and D22606914.3 and
WHEREAS, the City owns a right-of-way (the "Public Property") adjacent to the
Property, dedicated by plat, depicted on the final plat of the property (FS-23-134), which
plat is recorded in the plat records of Tarrant County as Instrument D22415436; and
WHEREAS, Licensee desires to construe(, 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 tuider 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
Tier 11 ROW Encroachment Agreement
Revised/Standard
OFFICIAL RECORD
CITY SECRETARY page I of 12
FT. WORTH, TX
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 thereof, for the purpose of constructing,
installing, and maintaining private storm drains (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 Lentil 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. to 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 pub.] is 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 it ROW Encroachment Agreement Page 2 of 12
Revised/Standard
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.
G.
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 $452.25, ($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.
S.
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 ROW EncroachmentAgreement Page 3 of I2
Rev ised/Standard
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 SMALL .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 Folder 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 tunes during the term of this Agreement and until the removal of the Encroachment and
restoration of the Public Property. All insurance coverage required herein shall include
coverage of all Licensee's contractors and subcontractors.
Tier II ROW Encroachment Agreement Page 4 of 12
Revised/standard
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 respondent superior
shall not apply as between City and Licensee, its officers, agents, servants, employees,
contractors, and subcontractors, andnothing 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 ROW Encroachment Agreement Page 5 of 12
Revised/Standard
17.
The parties agree that the duties and obligations contained in Section 5 shall survive
the termination of this Agreement.
M
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 (GO) 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 I ROW Encroachment Agreement Page 6 of 12
Revised/Standard
EXECUTED to be effective on the date signed by the City's Director of Development
Services Department
City:
CITY OF FORT WORTH
By:
Dalton Harrel (May 20, 2026 13:29:34 CDT)
D. J. Harrell
Director, Development Services Department
Date: 05/20/2026
4d4U4p4n�
0oFORT �a
ATTEST: �� ° °°
°E`8 9 D
ono °o=d
nunuaaoo.
Jannette Goodall,
City Secretary
Approved As To Form and Legality
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
Contract Compliance Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Tier 11 ROW Encroachment Agreement Page 7 of 12
Revised/Standard
Licensee:
Van Zandt Apartments, LLC
a Nebraska limited liability in any
By: _
e: lac ry A. Wiegert
Title:. uthorized Representative
Van Zandt Garage, LLC
a Nebraska limited liability ompany
Byel,:
ame. Z hary A. Wiegert
Title: uthorized Representative
Date:
Van Zandt Office, LLC
a Nebraska limited liability
Naive acf-tary A. Wiegert
Title: uthorized Represen
Van Zandt Retail, LLC
a Nebraska limited liability
VIA
Name: Za laty A. Wiegert
Title: uthorized Representative
O' Q 4 blb
Tay Land Ltd. Co.
a New co limitegi5�L-!
t
By: �j
acne. Zae ary A. Wiegef
Title: . uthorized Representative
Tier 1.1 ROW Encroachment Agreement Page 8 of 12
Revised/Standard
STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE, ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Zachary A. Wiegert, Authorized Representative,
known to nne to be the person whose narne 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 Van Zandt Apartments, LLC, a Nebraska limited
liability company, Van Zandt Garage, LLC, a Nebraska limited liability company, Van
Zandt Office, LLC., a Nebraska limited liability company, Van Zandt Retail, LLC, a
Nebraska limited liability company, and Tay Land Ltd. Company, a New Mexico limited
liability company, in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
�, 2026.
S
Notary Pu e in and for the
State of Texas
Keefy Grace Hardin
N Exp. 918l2029 O
�10 No 135529936�Q;*
Tier II ROW Encroachment Agreement Page 9 of 12
Revised/Standard
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 20th day of
May , 2026.
4 a)
Notary Public in and for the State of Texas e
Audrsy Lae Walaace
My Commisslon Expir4s
• 911012028
dots ID135OB2586
rY
Tier 11 ROW Encroachment Agreement Page 10 of [2
Revised/Standard
EXHIBIT A
.Depiction and Description of the Encroachment
Tier It ROW Encroachment Agreement Page 1 I of 12
Rcvised/Standard
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LEGAL DESCRIPTION
BEING a 0.0385 acre (1,676 square foot) tract of land situated in the William Bussell Survey, Abstract No. 151, Tarrant
County, Texas, and being a portion of West 6th Street, an 80-foot right-of-way dedicated to the City of Fort Worth
according to the plat recorded in Volume 106, Page 117, Deed Records, Tarrant County, Texas, and being a portion of
Currie Street, a 60-foot right-of-way dedicated to the City of Fort Worth, according to the said plat, said tract being
more particularly described as follows:
BEGINNING at a point in the north line of Lot 9R, Block 10, K.M. Van Zandts 2nd Addition, an addition 'to the City of
Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in Instrument No. D224154360, Official Public
Records, Tarrant County, Texas, and being in the south right-of-way line of said West 6th Street, from which a 5/8-
inch iron rod found for the northeast corner of said Lot 9R bears South 89047'09" East, a distance of 1,45 feet and from
which a 5/8-inch iron rod with cap stamped "KHA' found for the northernmost northwest corner of said Lot 9R and being
the east end of a corner clip of the intersection of the south right-of-way line of said West 6th Street and the east
right. -of -way line of said Currie Street, bears North 89047'09" West, a distance of 88.55 feet;
THENCE North 00000'00" East, departing the said north line and said south right-of-way line, a distance of 5.34 feet
to a point for corner;
THENCE North 90000'00" West, a distance of 86.76 feet to a point for corner;
THENCE South 45°00'00" West, a distance of 9.79 feet to a point for corner;
THENCE North 90°00'00" West, a distance of 20.97 feet to a point for corner;
THENCE North 00°00'00" East, a distance of 10.00 feet to a point for corner;
THENCE North 90°00'00" East, a distance of 16.83 feet to a point for corner;
THENCE North 45°00'00" East, a distance of 9.79 feet to a point for corner;
THENCE North 90000'00" East, a distance of 125.19 feet to a point for corner;
THENCE South 35°57'50" East, a distance of 19,17 feet to a point for corner being in the said south right-of-way line
of West 6th Street;
ENCROACHMENT AGREEMENT
WILLIAM BUSSELL SURVEY
ABSTRACT NO. 151
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
801 Cherry Street, Uril 11, 913D0 TeL No. (a17) 335-65'I1
Fort Worth, Texas 76102 FIRM 11 10194040 wwwAlmiay-hom.cam
Scale Drawn by Checked by Dale Project No. Sheet No.
WARGO. JOSH 12/221202510:48 AM K;1FTW 5URVEY\061313300-G01-DENROD WEST 7TH ST MF1DW010613'13300-GOLDENROD WEST 7TH ENCROACHM9 .DWG
NIA S6 JDW December 22, 051313300 1 OF 3
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WARGO,JOSH 121221202510ABAMK:IFTW SURVEY1061313300-GOLDENROD WEST 7THSTMFWWGW61313300-GOLDENRUDWEST 7TH ENCROACH .DWG
LEGAL DESCRIPTION
THENCE North 89047'09" West, along the said south right-of-way line, a distance of 12.39 feet to a point for corner;
THENCE North 35057'50" West, departing the said south right-of-way line, a distance of 6.76 feet to a point for
corner;
THENCE North 90000'00" West, a distance of 19.19 feet to a point for corner;
THENCE South 00°00'00" East, a distance of 5.38 feet to a point for corner being in the said south right-of-way line
of West 6th Street;
THENCE North 89047'09'r West, along the said south right-of-way line of West 6th Street, a distance of 10.00 feet to
the POINT OF BEGINNING and containing 1,676 square feet or 0.0385 acres of land, more or less.
Rf0 11112111
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central 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 foregoing description accurately sets
out the metes and bounds of the encroachment tract.
ENCROACHMENT AGREEMENT
qq�� OF T WILLIAM BUSSELL SURVEY
die cam- �CQ' ���s racS1 ABSTRACT NO. 151
JOSHUA DO
CITY OF FORT WORTH
REGISTERED PROFESSIONAL TARRANT COUNTY, TEXAS
LAND SURVEYOR NO.6391 JOSHUA D. WARGO
801 CHERRY STREET 6391
UNIT 11 SUITE 1300
FORT WORTH, TEXAS 76102
001 Cherry SFree1, Unit 11, dk 130D Tel. No. {817} 335-E511
PH. 817-335-6511 Fort Worm, Texas 76102 FIRM # 10194040 wwwArnley-home„
WARGO, JOSH 12/221202510:48AM 1{:1FTWTSURVEYi081313300-GOLDENROD WEST7TH ST MFID1NG1061313300-GOLDENROD WEST 7TH_ENCROACHMA I .DWG
josh.wargo@kimiey-horn.com Scale prawn by Chackod by date Prajeot No. Shoot No.
NIA SB JDW December 22, 061313300 2 OF 3
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WARGO,JOSH 12I2V202510:48AMK:SFTW SURVEYl061313300-GOL.DFNRODWEST 7THSTMF%DWG%061313300-GOLDENROD WEST TTH_ENCROACHMERT.DWG
LEGEND
P.O.B. = POINT OF BEGINNING
IRFC = IRON ROD WITH CAP FOUND
IRF = IRON ROD FOUND
S
0
L7 "
L5
WEST 6TH STREET
(80' RIGHT-OF-WAY)
(VOL. 106, PG, 117)
0.0385 ACMES
1,676 SQ. FT.
L9
L4 L3 L2
518" IRFC N89'47'09W 88.55' "W
"KHA" 1 . ®X B p L1
LOT 9R, BLOCK 10
K.M. VAN ZANDTS 2nd ADDITION
INST. NO. D224154360
0 15 30
GRAPHIG SCALE IN FEET
L15
fro
L13 <.
L14 `P 1_11
5/8"IRF
LOT 4R1, BLOCK 10
K.M. VAN ZANDTS 2nd ADDITION
INST. NO. D224154360
LINE TABLE
LINE TABLE
NO.
BEARING
LENGTH
NO.
BEARING
LENGTH
L1
S89°47'09"E
1.45'
L9
N90°00'00"E
125.19'
L2
N00°00'00"E
5.34'
L10
S35°57'50"E
19.17'
L3
N90°00'00"W
86.76'
1-11
N89'47'09"W
12.39'
L4
845"00'00"W
9.79'
L12
N35'57'50"W
6.76'
L5
N90°00'00"W
20.97'
L13
N90'00'00"W
19.19,
L6
N00°00'00"E
10.00,
L14
500°00'00"E
5.38'
L7
N90°00'00"E
16.83'
L15
N89°47'09"W
10.00,
1-8
N45°00'00"E
9,79'
(VOTES:
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.
UNIT 11 SUITE 1300
FORT WORTH,
p� TE>W05'2 )
�So
�t SIsTk~ cS�
JOSHUA D. WARGO
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 6391 JOSHUA D, WARGO 6391
801 CHERRY STREET
WARGO,JOSH 121221202510:46AMKt1FTW SURVEYk061313300-GOLDENRODWEST7THSTMF1DWO%C61313300-GOLDENRODWEST7TH ENCROACHMENI.DWG
ENCROACHMENT
AGREEMENT
WILLIAM BUSSELL
SURVEY ABSTRACT
No. 191
PH. 817-335-651
josh.wargo@kirr
CITY
OF
FORT
WOR
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8C1 Cherry Street, Unft 11, # 1300 .�I87I��135.65 1
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LEGAL DESCRIPTION
BEING a 0.0078 acre (338 square foot) tract of land situated in the William Busseil Survey, Abstract No. 151, Tarrant
County, Texas, and being a portion of West 6th Street, an 80-foot right-of-way dedicated to the City of Fort Worth
according to the plat recorded in Volume 106, Page 117, Deed Records, Tarrant County, Texas, and being a portion of
Foch Street, a 60-foot right-of-way dedicated to the City of Fort Worth, according to the said plat, said tract being more
particularly described as follows:
COMMENCING at a 1/2-inch iron rod with cap stamped °HUITT ZOLLARS" found for the northeast corner of Lot
4R1, Stock 10, K.M. Van Zandts 2nd Addition, an addition to the City of Fort Worth, Tarrant County, Texas,
according to the plat thereof recorded in Instrument No. D224154360, Official Public Records, Tarrant County,
Texas, and being at the intersection of the south right-of-way line of said West 6th Street and the west right-of-way line
of said Foch Street and from which a 1/2-inch iron rod with cap stamped "HUITT ZOLLARS" found on the north line of
said Lot 4131 bears North 89047'09" West, a distance of 149,99 feet;
THENCE South 00012'51" West, along the east line of said Lot 4R1 and said west right-of-way line, a distance of
1.26 to the POINT OF BEGINNING;
THENCE North 45°34'28" East, departing the said east line, a distance of 8.65 feet to a point for corner;
THENCE South 89035'54" East, a distance of 10.70 feet to a point for corner;
THENCE South 00024'06" West, a distance of 10.00 feet to a point for corner;
THENCE North 89035'54" West, a distance of 6.58 feet to a point for corner;
THENCE South 45°34'28" West, a distance of 0.87 feet to a point for corner;
THENCE South 00e34'28" West, a distance of 14.80 feet to a point for corner;
THENCE South 45°24'06" West, a distance of 9.12 feet to a point for corner;
THENCE North 89046'15" West, a distance of 107 feet to a point for corner and being in the said east line of Lot 4R1
and said west right-of-way line of Foch Street;
THENCE North 00012'51" East, along the said east line of Lot 4R1, a distance of 25.78 feet to the POINT OF
BEGINNING and containing 338 square feet or 0.0078 acres of land, more or less.
NOTES:
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central 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 foregoing description accurately sets
out the metes and bounds of the encroachment tract.
ENCROACHMENT AGREEMENT
WILLIAM BUSSELL SURVEY
ABSTRACT NO. 151
,Jos CITY OF FORT WORTH
REGISTERED PROFESSIONAL TARRANT COUNTY, TEXAS
LAND SURVEYOR NO. 6391 JOSHUA D. WARGO
801 CHERRY STREET 6391
UNIT 11 SUITE 1300
FORT WORTH, TEXAS 76102 801 Cherry Street, Unit 11, # 1300 Tel. No. (817) 335-6511
PH. 817-335-6511 Fart Worth, Texas 75102 FIRM 910954040 wwwArricy-hornmin
OSH 2141202612:13 PM K:1FTW SURVEY1061313300-GOLDENROD WEST7TH ST MRDWM061313300-GOLDENROD WESTT€H ENCROACHMENT3.DWG
josh.wargo@kimley-horn.com Scale Drawn by Checked by Date Project No. $haot No.
NIA SD JDW 2/4/2026 061313300 1 DF 2
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LEGEND
P.O.G. = POINT OF COMMENCING
P.O.B. = POINT OF BEGINNING
IRF = IRON ROD FOUND
IRFC = IRON ROD IW CAP FOUND
112" IRFC
"HUITT ZOLLARS"
LINE TABLE
WEST 6TH STREET
(80' RIGHT-OF-WAY)
(VOL. 106, PG. 117)
P.O.C.
1/2" IRFC
"HUITT ZOLLARS"
N89°47'09"W 149.99' L-1
P.O.B.
LOT 4R1, BLOCK 10
K.M. VAN ZANDTS 2nd ADDITION
INST. NO. D224154360
NO.
BEARING
LENGTH
L1
S001251"W
1.26'
L2
N45°3428"E
8.65'
L3
S89"35'54"E
10.70'
L4
S00°24'06"W
10.00,
L5
N89°35'54"W
6.68'
L6
S45°34'28"W
0.87'
L7
SOO"34'28"W
14.80'
L8
845"24'06"W
9.12'
L9
N89°46'15"W
3.07'
L10
NO0°12'51"E
25.78'
L3
d'
L5
L6
a
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L9
0 1c 20
GRAPHIC SCALE IN FEET
0.0073 ACRES
333 SQ. FT.
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NOTES;
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zane (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.
801 CHERRY
STREET
e UN1T,� f _ 00
OSHUA D. WARGO TA 76102�
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 6391 JOSHUA D. WARGO 6391
WARGO, JOSH 2141202612:13 PM K:1FTW SURVFY1061313300-GOLDENROD WEST 7TH ST MFIDWG1061313300-G0LDENROD WEST 7TH ENCROACHMENT 3-DWG
ENCROACHMENT
NO. 151
AGREEMENT
CITY
WILLIAM BUSSELL
OF
SURVEY ABSTRACT
FORT
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PH. 7-335-651'1
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EXHIBIT B
Certificate of Insurance
Tier It ROW Encroachment Agreement Page 17 of 12
Revised/Standard
FORT WORTH.
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: Van Zandt Garage LLC
Subject of the Agreement:
Tier II ROW Encroachment
M&C Approved by the Council? * Yes ❑ No M
If so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes ❑ No 0
If so, provide the original contract number and the amendment number.
Is the Contract "Permanent"? *Yes ❑ No 0
If unsure, see backpage for permanent contract listing.
Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is
Confidential, please list what information is Confidential and the page it is located.
Certificate of Insurance
Effective Date: Date Director signs
If different from the approval date.
Expiration Date: 30 years from execution
If applicable.
Is a 1295 Form required? * Yes ❑ No ED
*If so, please ensure it is attached to the approving M&C or attached to the contract.
Project Number: If applicable.
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes 0 No ❑
Contracts need to be routed for CSO processing in the followingorder:
rder:
1. Katherine Cenicola (Approver)
2. Jannette S. Goodall (Signer)
3. Allison Tidwell (Form Filler)
*Indicates the information is required and if the information is not provided, the contract will be
returned to the department.