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Home My WebLink About065417 - General - Contract - Fort Worth North City LLCDate Received: 6/23/2026 Record Number: PN26-00018 Time Received: 4:03 p.m. City Secretary No.: 65417 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER II THIS AGREEMENT is made and entered into by and between THE CITY OF FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"), acting by and through its duly authorized City Manager, Assistant City Manager, or Director of the Development Services Department, and Fort Worth North City, LLC a Texas limited liability company ("Licensee"), acting by and through its duly authorized representative. RECITALS WHEREAS, Licensee is the owner of the real property located at 8725 North Freeway, Fort Worth, Texas 76177("Property"), being more particularly described as, a 0.0041 acre tract of land out of the W. McCowen Survey, Abstract Number 999, situated in the City of Fort Worth City, Tarrant County, Texas, being a portion of Lot 12, Block 1 of Lots 1R-4R, 7R & 10-12, Block 1 of North City Addition, a subdivision of record in Document Number D220239084 of the Plat Records of Tarrant County, Texas, also being a portion of a called 1.29 acre tract of land conveyed to Fort Worth North City, LLC by deed of record in Document Number D225035311 of the Official Public Records of Tarrant County, Texas; and WHEREAS, the City owns a water and sewer easements (the "Public Property") adjacent to the Property, dedicated by plat, depicted on the final plat of the property (FS-20-065), which plat is recorded in the plat records of Tarrant County as Instrument D220239084; and WHEREAS, Licensee desires to construct, place, and maintain certain improvements which will encroach in, on, above, or below the Public Property; and WHEREAS, to accommodate the needs of the Licensee, the City will allow the encroachment under the terms and conditions as set forth in this Agreement. NOW, THEREFORE, the City and Licensee agree as follows: OFFICIAL RECORD AGREEMENT CITY SECRETARY I• 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 Tier II Easement Encroachment Agreement Page 1 of 12 Revised 12/2022 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, operating, repairing, replacing, and maintaining certain water, sanitary sewer, storm drainage, utility crossing, and related appurtenance improvements two 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 until after the execution of this Agreement. 0 Licensee, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or future utilities affected by such Encroachment and the use and occupancy of the Public Property, including the securing the approval and consent of the appropriate utility companies and agencies of the State of Texas and its political subdivisions. In the event that any installation, reinstallation, relocation, or repair of any existing or future utility or improvements owned by or constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance, or existence of the Encroachment and use of Public Property, Licensee shall pay to City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department, or their duly authorized representative. 4. Licensee agrees that City may enter and utilize the Public Property at any time for any public purpose, including installing, repairing, replacing, or maintaining improvements to its public facilities or utilities necessary for the health, safety, and welfare of the public. The City shall have no responsibility or liability for any damages related to the Encroachment resulting from the City's use of the Public Property; however, the City shall make reasonable efforts to minimize such damage. 5. Tier II Easement Encroachment Agreement Page 2 of 12 Revised 12/2022 Upon termination of this Agreement, Licensee shall, at the option of and at no expense to the City, remove the Encroachment and restore the Public Property to a condition acceptable to the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department or their duly authorized representative. Any such removal of the Encroachment shall be in accordance with then -existing City regulations and policies. It is understood and agreed to by Licensee that if this Agreement terminates and Licensee fails to remove the Encroachment and restore the Public Property, Licensee hereby gives City permission to remove the Encroachment and any supporting structures from the Public Property, to restore the Public Property, and to assess a lien on the Property for the costs expended by the City in taking such actions. 6. In order to defray all costs of inspection and supervision which the City has incurred or will incur as a result of the construction, maintenance, inspection or management of the Encroachment and use of Public Property as provided for by this Agreement, Licensee agrees to pay to City at the time this Agreement is requested an application fee in the sum of One Thousand Twelve Dollars and Fifty Cents ($1012.50). 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 Tier II Easement Encroachment Agreement Page 3 of 12 Revised 12/2022 presently contemplated or not, that the parties agree to negotiate in good faith in order to accommodate both the Encroachment and the public purpose. 9. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES. 10. While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance naming City as certificate holder as proof that is has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and described in Exhibit "A." The amounts of such insurance shall be not less than $1,000,000 with the understanding and agreement by Licensee that such insurance amounts may be revised upward at City's option and that Licensee shall so revise such amounts immediately following notice to Licensee of such requirement. Such insurance policy shall not be canceled or amended without at least thirty (30) days prior written notice to the Building Official of the City. A copy of such Certificate of Insurance is attached as Exhibit "B" and incorporated herein for all purposes. Licensee agrees, binds, and obligates itself and its successors and assigns to maintain and keep in force such public liability insurance at all times during the term of this Agreement and until the removal of 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 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 Properly 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 [SIGNATURES APPEAR ON FOLLOWING PAGE] Tier II Easement Encroachment Agreement Page 7 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 (Jun 23, 2026 09:22:11 CDT) D. J. Harrell Director, Development Services Department Date: 06/23/2026 4 7 "ngIl ATTEST: awe °p$ Approved As To Form and Legality OVo °OS=4 /, PpIlIl nEXA5o44 Jannette Goodall, City Secretary %c�y�- Cant-ai 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 II Easement Encroachment Agreement Page 8 of 12 Revised 12/2022 Licensee: Fort Worth North City LLC, a Texas limited liability company By ame: ul Gonzalez Title: Manager Date: 5 /2-7 / Z07-L STATE OF TE`� COUNTY OF k�2 1, BEFORE ME, the undersigned authority, a Notary Public in and for the State of 'WA`5 , on this day personally appeared 9AU L CID44!A- Z ►tit /*A Atre4L (Title) known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed, as the act and deed of Ft Otiiti4 �-tt`1 1� a iAm1ib0L4&L4M 4"0061(entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 7-1 day of 2026. Notary Public in Id for the State of iwL n Tier 11 Easement Encroachment Agreement Shane LiaDExplres * My Commissio11/10/20Notary ID 13 Page 9 of 12 Revised 12/2022 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared D. J. Harrell, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of the City of Fort Worth, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 23rdday of June , 2026. ,pa) Notary Public in and for the State of Texas Tier II Easement Encroachment Agreement Audrey Lea Wallace My Commisolon Expires 911012023 N otaty I D 1360 B2586 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 TEXAS REGISTRATION #14199 Lo Z o W C� ZW ❑ <V W K N W Z UXNO x ol 2 �w Z w M ❑ O Mma Q M U �y O� � V QZ � � U W-1 83RLV31 SVX3L u10 RL80N M3 :Z :NOLLVOOI SEWER ENCROACHMENT PROFILE N 10 O N � c � v m IUX1 8„ W "'w"'w— ENCROACHMENT #2 ENCROACHMENT #1 l 10' FRANCHISE 0+00 8" I S UTILITY EASEMENT tELM STA: 0+00.00 SS-1 ADD EXTERNALDROPTO EX. SSMH COM M U E C M UGE C MINSTALL: UG G 0 VF EPDXY MH LINER FL 8" W: 671.23 n> +48.61 SS-1 STA: 1+31.62 SS-1 FL 12" N: 666.70 _ LL: =STA: 0+00.00 SS-1 SERVICE FL 12" S: 666.80 IA. SSMHINSTALL: ITY STDS1-4"SS SVC W: 872.69 FL 8" W: 673.88 pE: 672.59 FL 4S: 674.05 !W:672.42 FL8" E:673.88 0+g2.47 SSi8" DI CARRIER IN CASINGWW: 672.42 E: 672.42S35 17 SS-1 __n N BEING 8" DI CARRIER GS "8� OS- 91, PIPE IN CASING FL 8" W: 672.21 OFL 8" E: 672.21 q LOT 7R BOCK 1 o LOTS 1 R-4R, 7R 8 10.12, BLOCK 1 ry I NO NORTH CITY ADDITION o DOC. NO. D220239084 P.R.T.C.T. SS-1 690 13 0S ..81 NO SURFACE REPAIR (UNDER FUTURE PAVEMENT), ACCEPTABLE BACKFILL RE: D001, D201A NO SURFACE REPAIR EG (UNDER FUTURE PAVEMENT), STRENGTH _ _ _ _ _ _ _ _ _ _ _ _ 685 CONTROLLED LOW MATERIAL (CLSM) BACKFILL _ RE: D004, D201A 680 EXIST, 39" CL III RCP STORM CROSSING PG - PROPOSED 2" COMM. CROSSING PROPOSED 2" ELEC. CROSSING - 675 � iu a vi —._— W a 78 LF OF EXIST. 12" PVC N WTR CROSSING w 83 LF OF 8" SDR-26 PVC @ 1 44 6 LF OF 8"DI02.80% 670 35 LF OF 8" DI @ 2.80% IN 7 LF OF 8" DI SEWER CARRIER PIPE - INSTALL 7 LF OF 20' STEEL CASING BY OPEN CUT 665 a w O Z w Of �Q N �M r W co Z= N Q Z (n N N ZNN r/1 V V} =�T OI Vl aD Na0 O O W w O A T [OD � V1 J LL II CJ II i O Q r r N - U lO . V Z II II + Q r r N O to tO O Z II' II + N N r r ¢ — II II N r r I J N II II II O a I— x�( NN O(!J—_ p W N J Q -- _ O Z aW m m Q J J f _ O d m m Q J J ~ _ m W w Q N N a d'ao 661) 1 F Z LL LLLL N M LLLLLL N CL LLLL N LL LL N Z� II _ LL LL LL O N 00 00 00 00 cD c0 O rD 0+00 0+50 1+00 1+50 WATER ENCROACHMENT PROFILE u STA: 0+39.78 I d I END WATER LINE LOWERING O 35' WATER 8 SANITARY o PER D162 O I SEWER EASEMENT FL 8 ": 676.67 DOC. NO. 0219223312 I FL 8": 676.67 m O.P.R.T.C.T. I STA: 0+00 I `� CONN. TO EXIS. 12" WL x I INSTALL: u OS .,OI------ S„Ol------OS .AI - 1-12"X8" CUT IN TEE -_ --- 1- MJ SOLID SLEEVE 1 -8" GATE VALVE (W) 0+00 �G I rn 1 -12" GATE VALVE (S) O I o 1+00 FL 12 ": 677.75 FL 12": 677.75 N N �' g� W } B" W ✓#' W FL 8":677.91 I ENCROACHMENT #2 ENCROACHMENT 4#1 6„ Fg 10FRANCHISE I - - -- - UTILITY EASEMENT - - a COnG M C M C M UGE UGE GE UG I N - - - dl)f O I I � I I I I I I I N I N I � I GS .,BI OS ,81 - I I LOT 7R BLOCKI LOTSNORTH CITY ADDITION BLOCK 1 DOC. NO. D220239084 I N I P.R.T.C.T. p InI o W-1 690 NO SURFACE REPAIR (UNDER FUTURE PAVEMENT), ACCEPTABLE BACKFILL RE: D001, D201A NO SURFACE REPAIR (UNDER FUTURE PAVEMENT), 685 ACCEPTABLE BACKFILL RE: D001, D201A NO SURFACE REPAIR (UNDER FUTURE PAVEMENT), CONTROLLED LOW STRENGTH MATERIAL (CLSM) BACKFILL — — 680 RE: D004, D201A _ _EXIST. 39" CL III RCP STORM CROSSING 8" EG PG 1-6", 13 LF STUB 6"PLUG (REFER TO MEP F FL B ": 677.66 FL 8': 677.66_ B"Wf B„W 8" SS 8" SS - OS,BL D: NO SURFACE RE[ (UNDER FUTURE PAV ACCEPTABLE BAC RE: D001, D201 NO SURFACE REPAIR (UNDER FUTURE PAVEMENT), CONTROLLED LOW STRENGTH MATERIAL (CLSM) BACKFILL --- RE: D004, D201A PROPOSED 2" ELEC. CROSSING PROPOSED 2" GOMM. CROSSING 675 8" PVC @ 5.43%J o 8" DI @ 100.00%RE D762 p 8" DI @ 100.00% RE D162 _ - PROP. 4" PVC SAN. SEWER 670 CROSSING INSTALL 20 LF OF 8" DI 8" DI @ 0.10 % RE Di 62 WATER CARRIER PIPE w ' U INSTALL 20 LF OF 20" STEEL }' CASING BY OPEN CUT N W � w W I 665 W n ❑ .. D O ❑ N N n n N —.0 W 3 m from zi 3 y N(' S1_N2a ❑ O F <w - >F ��aaa0 x + x�0^�I ~ a 00 >0 ¢ aa Woo �aa Woo ¢ aaa Q z ooa� r 000 n � 00 00 00 00 (0 to � 6J � UJ 0+00 0+50 1+00 1+50 ENCROACHMENT #1 W. McCowen Survey, Abstract No. 999 City of Fort Worth, Tarrant County, Texas LEGAL DESCRIPTION Being a 0.0041 acre tract of land out of the W. McCowen Survey, Abstract Number 999, situated in the City of Fort Worth, Tarrant County, Texas, being a portion of Lot 12R-2, Block 1 of North City Addition, Lots 12R-1 and 12R-2, Block 1, a subdivision of record in Document Number D226075571 of the Plat Records of Tarrant County, Texas, also being a portion of a 30' Water and Sewer Easement of record in Document Number D226075571 of said Plat Records and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod with orange plastic cap stamped "GEONAV" found in the West right-of-way line of North Freeway (IH-35W - a variable width right-of-way), being the Southeast corner of Lot 7R of said Block 1, also being the Northeast corner of said Lot 12R-2; THENCE, S66028'15"W, leaving the West right-of-way of said North Freeway, over and across said Lot 12R-2, a distance of 61.80 feet to a point in the North line of said 30' Water and Sewer Easement, for the POINT OF BEGINNING; THENCE, S00033'10"E, over and across said 30' Water and Sewer Easement and said Lot 12R-2, a distance of 30.00 feet to a point in the South line of said 30' Water and Sewer Easement; THENCE, S89026'51"W, along the South line of said 30' Water and Sewer Easement, a distance of 6.00 feet to a point; THENCE, N00033'10"W, over and across said 30' Water and Sewer Easement and said Lot 12R-2, a distance of 30.00 feet to a point in the North line of said 30' Water and Sewer Easement, from which a 1/2 inch iron rod with green plastic cap stamped "EAGLE SURVEYING" set at the Northwest corner of said Lot 12R-2, bears N81 °58'13"W, a distance of 161.66 feet; THENCE, N89°26'51 "E, along the North line of said 30' Water and Sewer Easement, a distance of 6.00 feet to the POINT OF BEGINNING and containing an area of 0.0041 acres (180 square feet) of land, more or less. Bearings are based on GPS observations utilizing the AIITerra RTK Network, North American Datum of 1983 (Adjustment Realization 2011). PAGE 1 OF 2 hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a Registered Professional Land Surveyor under the laws of the State of Texas Patrick Mallon R.P.L.S. # 7170 >" PATRICK ANTHONY MALLO r•• q 7170 ••••:� ��O SURv��O O4—dG—aOaG „__ Date ENCROACHMENT #1 W. McCowen Survey, Abstract No. 999 City of Fort Worth, Tarrant County, Texas LINE TABLE LINE BEARING DISTANCE L1 S 00033'10" E 30.00' L2 S 89026'51" W 6.00' L3 N 00-33'10" W 30.00' L4 N 89°26'51" E 6.00' CIRS Y U Z OW O ca L l- N�trpl— p �mU¢Z0_ 0�O Z p O LOT 7R BLOCK 1 LOTS 1 R-4R, 7R & 10-12, BLOCK 1 NORTH CITY ADDITION I DOC. NO. D220239084 P.R.T.C.T. I N 8158'13 �W 161-66' 1/2" CIRF "GEONAV" i 6� 8� ;16612$1y � I s I I 30' WATER & SEWER EASEMENT DOC. NO. D226075571 P.R.T.C.T. vEY AggTR W . MCCO ACT NO 99g ENCROACHMENT #1 0.0041 ACRES (180 SQ.FT.) LOT 12R-2 BLOCK 1 NORTH CITY ADDITION, LOTS 12R-1 AND 12R-2, BLOCK 1 DOC. NO. D226075571 P.R.T.C.T. NOTE: Bearings are based on GPS observations utilizing the AIITerra RTK Network, North American Datum of 1983 (Adjustment Realization 2011). PAGE 2OF2 N 1"=40' 6 20 40 } N_ Q Z co I_WN Q W 0 ~ U 06 o 7 rt W 0� � LIJWZ O Q U �U0 Cl) ur)� W M ly 2 �i 3:� W Q W ILL WO Z LEGEND O BOUNDARY MONUMENT CIRF CAPPED IRON ROD FOUND CIRS 1/2" CAPPED IRON ROD SET STAMPED "EAGLE SURVEYING" POB POINT OF BEGINNING POC POINT OF COMMENCEMENT DOC. NO. DOCUMENT NUMBER P.R.T.C.T. PLAT RECORDS, TARRANT COUNTY, TEXAS O.P.R.T.C.T. OFFICIAL PUBIC RECORDS, TARRANT COUNTY, TEXAS ENCROACHMENT #2 W. McCowen Survey, Abstract No. 999 City of Fort Worth, Tarrant County, Texas LEGAL DESCRIPTION Being a 0.0034 acre tract of land out of the W. McCowen Survey, Abstract Number 999, situated in the City of Fort Worth, Tarrant County, Texas, being a portion of Lot 12R-2, Block 1 of North City Addition, Lots 12R-1 and 12R-2, Block 1, a subdivision of record in Document Number D226075571 of the Plat Records of Tarrant County, Texas, also being a portion of a 30' Water and Sewer Easement of record in Document Number D226075571 of said Plat Records and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod with orange plastic cap stamped "GEONAV" found in the West right-of-way line of North Freeway (IH-35W - a variable width right-of-way), being the Southeast corner of Lot 7R of said Block 1, also being the Northeast corner of said Lot 12R-2; THENCE, S80039'25"W, leaving the West right-of-way of said North Freeway, over and across said Lot 12R-2, a distance of 157.85 feet to a point in the North line of said 30' Water and Sewer Easement, for the POINT OF BEGINNING; THENCE, S00033'09"E, over and across said 30' Water and Sewer Easement and said Lot 12R-2, a distance of 30.00 feet to a point in the South line of said 30' Water and Sewer Easement; THENCE, S89026'51"W, along the South line of said 30' Water and Sewer Easement, a distance of 5.00 feet to a point; THENCE, N00033'09"W, over and across said 30' Water and Sewer Easement and said Lot 12R-2, a distance of 30.00 feet to a point in the North line of said 30' Water and Sewer Easement, from which a 1/2 inch iron rod with green plastic cap stamped "EAGLE SURVEYING" set at the Northwest corner of said Lot 12R-2, bears N69°12'39"W, a distance of 66.29 feet; THENCE, N89°26'51 "E, along the North line of said 30' Water and Sewer Easement, a distance of 5.00 feet to the POINT OF BEGINNING and containing an area of 0.0034 acres (150 square feet) of land, more or less. Bearings are based on GPS observations utilizing the AIITerra RTK Network, North American Datum of 1983 (Adjustment Realization 2011). PAGE 1 OF 2 hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a Registered Professional Land Surveyor under the laws of the State of Texas Patrick Mallon R.P.L.S. # 7170 r>" Q,�� OF F -I- ...... K A..... MALLON 7170 ��,- UR\J(' o1+-a6 aca6 „__ Date ENCROACHMENT #2 W. McCowen Survey, Abstract No. 999 City of Fort Worth, Tarrant County, Texas LINE TABLE LINE BEARING DISTANCE L1 S 00033'09" E 30.00' L2 S 89026'51" W 5.00' L3 N 00°33'09" W 30.00' L4 N 89°26'51" E 5.00' r•ioc Y U Z OW m LO l- N��rpl— p �mU¢Z0_ (NO Z p O vEY W . MCCO ACT NO 999 ASSTR LOT 7R BLOCK 1 LOTS 1 R-4R, 7R & 10-12, BLOCK 1 NORTH CITY ADDITION DOC. NO. D220239084 P.R.T.C.T. 1/2" CIRFI "GEONAV" S 30' WATER & SEWER EASEMENT DOC. NO. D226075571 P.R.T.C.T. ----------� ZOACHMENT #2 0.0034 ACRES (150 SQ.FT.) LOT 12R-2 BLOCK 1 NORTH CITY ADDITION, LOTS 12R-1 AND 12R-2, BLOCK 1 DOC. NO. D226075571 P.R.T.C.T. NOTE: Bearings are based on GPS observations utilizing the AIITerra RTK Network, North American Datum of 1983 (Adjustment Realization 2011). PAGE 2OF2 N 1"=40' 6 20 40 Q Z co I_WN Q W ~ U 06 rt W 0� � LuWZ O Q U FUG M LEGEND O BOUNDARY MONUMENT CIRF CAPPED IRON ROD FOUND CIRS 1/2" CAPPED IRON ROD SET STAMPED "EAGLE SURVEYING" POB POINT OF BEGINNING POC POINT OF COMMENCEMENT DOC. NO. DOCUMENT NUMBER P.R.T.C.T. PLAT RECORDS, TARRANT COUNTY, TEXAS O.P.R.T.C.T. OFFICIAL PUBIC RECORDS, TARRANT COUNTY, TEXAS 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: Fort Worth North City, LLC Subject of the Agreement: Tier II Easement Encroachment M&C Approved by the Council? * Yes ❑ No 8 If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 8 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No 8 If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 8 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 8 *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 8 No ❑ Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.