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HomeMy WebLinkAbout065566 - General - Contract - Trinity River Authority of TexasDate Received: 7/24/2026 Time Received: 10:23 a.m Record Number: PN24-00115 City Secretary No.: 65566 PUBLIC PROPERTY RIGHT-OF-WAY ENCROACHMENT LICENSE AGREEMENT TIER II THIS AGREEMENT is made and entered into by and between THE CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas ("City"), acting by and through its duly authorized City Manager, Assistant City Manager, or Director of the Development Services Department, and Trinity River Authority of Texas, a conservation and reclamation district created by and functioning under Chapter 518, Acts of the 54th Legislature of the State of Texas, Regular Session, 1955 as amended ("Authority"), acting by and through its duly authorized representative. RECITALS WHEREAS, Authority is the owner of a sanitary sewer easement as Instrument number D225192882, in the Deed Records of Tarrant County, Texas ("TRA Easement"); and WHEREAS, the City owns a right-of-way (the "Public Property") dedicated to the City in a plat (F-89-21) Cabinet A, Slides 379 and 380, Instrument No. D 1900418343, and in a deed, Volume 9633, Pagel 462, instrument No. D189105067, Official Public Records, Tarrant County, Texas, in which the TRA Easement intersects; and WHEREAS, Authority 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 Authority, the City will allow the encroachment under the terms and conditions as set forth in this Agreement. NOW, THEREFORE, the City and Authority agree as fellows: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II ROW Encroachment Agreement Page 1 of 12 Revised TRA AGREEMENT 1, The City, in consideration of the payment by Authority of the fee set out below and covenants and agreements hereinafter contained to be kept and performed by Authority, hereby grants permission to Authority 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 sanitary sewer pipeline (the "Encroachment"). Upon completion of the Encroachment, Authority agrees to be responsible for maintaining the Encroachment within the Public Property. Authority 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 to the extent there is not a conflict with the Authority's constriction, installation, maintenance and operation, the Authority will comply with the applicable charter provisions„ ordinances, codes, and policies of the City. Prior to the construction or installation of the Encroachment, Authority shall submit all plans and specifications to the Director of the Development Services Department or duly authorized representative. Authority 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. Authority, 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, the Authority shall pay those additional costs incurred by the City with such amount to be determined through mutual agreement between the parties, which includes the Director of Transportation and Public Works, the Director of the Water Department, the Director of Development Services Department, or their duly authorized representative, as well as the Authority Tier H ROW Encroachment Agreement Page 2 of 12 Revised TRA EA Authority 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, Authority 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 Authority that if this Agreement terminates and the Authority fails to remove the Encroachment and restore the Public Property, Authority 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 fdr by this Agreement, Authority 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, Authority agrees to pay a fee in the amount of $2.25 per square foot of the encroachment area upon execution of this .Agreement and annually thereafter. 7. The term of this Agreement shall be for tarty -five (45) years, commencing on the date this Agreement is executed by City. However the City may terminate this Agreement upon Authority's noncompliance with any of the terms of this Agreement. City shall notify Authority in writing of any such noncompliance and if Authority 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 Authority 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 power over the Public Property as have been delegated to it A%th%OW Encroachment Agreement Page 3 of 12 Revised "➢ RA 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. La AUTHORITY COVENANTS AND AGREES TO, HOLD HARMLESS, AND RELEASE 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, AUTHORITYS, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND AUTHORITY HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. AUTHORITY 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 AUTHORITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, AUTHORITYS, OR INVITEES. 10. While this Agreement is in effect, Authority 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 "C." The amounts of such insurance shall be not less than $1,000,000 with the understanding and agreement by Authority that such insurance amounts may be revised upward at City's option and that Authority shall so revise such amounts Tier 11 ROW Encroachment Agreernent Page 4 of 12 Revised TRA immediately following notice to Authority 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. Authority 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 Authority's contractors and subcontractors. 11. Authority 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. Authority 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. Authority 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. Authority 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 Authority shall have exclusive control of and the exclusive right to control the details of its operations, and all persons performing same, and shall he solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, Authorities, and 'invitees. The doctrine of respondeat superior shall not apply as between City and Authority, its officers, agents, servants, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Authority. 15. Authority agrees and acknowledges that this Agreement is solely for the purpose of permitting Authority 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. Authority agrees that it will obtain all necessary permissions before occupying such property. Tier I1 ROW Encroachment Agreement Page 5 of 12 Revised TRA 16. in any action brought by the City for the enforcement of the obligations of the Authority, 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. Authority 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 Authority conveys the Property, Authority may assign all of its rights and obligations under this Agreement to the new owner of the Property, and Authority 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 Authority or assignment to a secured lender by Authority 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 Authority's rights and obligations hereunder. However, no change of ownership due to foreclosure or assignment to any secured lender of Authority 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 tenn of this Agreement, Authority 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. Tier II ROW Encroachment Agreement Page 6 of 12 Revised TRA 21. This Agreement shall be binding upon the parties hereto and their successors and assigns. 22. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. SIGNATURES ON FOLLOWING PAGE Tier 11 ROW Encroachment Agreement Page 7 of 12 Revised TRA EXECUTED to be effective on the date signed by the City's Director of Development Services Department City: CITY OF FORT WORTH By: Dallon Harrell (Jul 16, 2026 10.22 19 CDT), D. J. Harrell Director, Development Services Department Date: 07/161202 4,a44�Ln� A4t �.OR'',Qa ���oS pppppppp o�OaA^ ATTEST: ato pooA bnnooa�' Approved As To Form and Legality Jannette Goodall, Tayler R. Canton City Secretary Assistant City Attorney Contract Compliance Manager: By signing l acknowledge that 1 am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Kandice Merrick Contract Compliance Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II ROW Encroachment Agreement Page 8 of 12 Revised TR.A Authority: TRINTIY RIVER AUTHORITY OF TEXAS a Texas conservation and reclamation district By• Name: Glenn C. Clingenpeel Title: Deputy General Manager Date: 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 G 1 ,0-*'rJ f l y 1J+0. ewyl-t- l , (Title) known -Ito 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 TRINTIY RIVER AUTH©RIT,Y OF TEXAS, a Texas conservation and reclamation district , and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this � day of , 2026. Notary public in and for the State of V— NA.WNi CARR Iq Notary is #124079344 My Commission Expires December 3, 2029 Tier Id ROW Encroachment Agreement Revised TRA Page 8 of 1 ] 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 [INFER MY HAND AND SEAL OF +OFFICE this 16th day of July . 2026. Notary Public in and for the State of Texas r u KAT'HLEEN BRADFORD NOW Public r + STATE%F TEXAS Notary W,12197197 rtucwv.Fx%APrJZ2W1 Tier II ROW Encroachment Agreement Page 4 of I I Revised TRA EXHIBIT A Depiction and description of the Encroachment Tier I1 ROW Encroachment Agreement Page I I of 12 Revised TRA U7 U L•7 ¢� ML) fV. Z O u LLI O w N ; u codi a W Z N u K � s< w _- CL H Z � v J 6 W el s N SS T A Lon �1 L CL I P ' ix t - - F alp' IZ- 34L ►'. 0.ce tX ICC.0 ui W a� V= 11i d 1 Y W - _I 1# p i.. FA/ 10 Ar , f � fL� T. 4 3 EXHIBIT "A" DEN'TON CREED REGIONAL WASTEWATER SYSTEM 25HC-4 & 25HC-5 HENRIETTA CREEK RELIEF INTERCEPTOR PARCEL No. I -Encroachment Area RIGHT-OF-WAY ENCROACHMENT AREA OF HERITAGE PARKWAY Situated in the A. Warren Surrey, Abstract No. 1686, and a portion of the Right -of -Way of Heritage Parkway, City of Fort Worth, Tarrant County, Texas. BEING 0.131 of an acre of land, situated in the A. Warren Survey, Abstract No. 1696, City of Fort Worth, Tarrant County, Texas, and being a portion of the Right -of -Way (R-O-W) of Heritage Parkway, City of Fort Worth, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING (North: 7039431.31, East: 2332765.42, Grid Coordinates), in the east Right -of -Way (R-O-W) line of Heritage Parkway, (100' in width), as dedicated in the Northport Addition, an addition to the City of Fort Worth, Tarrant County, Texas, as filed in Cabinet A, Slides 379 & 380, Plat Records of Tarrant County, Texas (P.R.T.C.T.), also being in the northwest line of the remainder of Floodway R-O-W, out of said Northport Addition (Cab. A, Slides 379 & 380, P_R.T.C.T.), from which a 518 inch iron rod with cap stamped "Peloton", found in the east R-O-W line of said Heritage Parkway, at the northwest corner of said remainder of Floodway R-O-W, out of the Northport Addition, also being the southwest corner of Lot lR, Block 5, Northport Addition, an addition to the City of Fort Worth, Tarrant County, Texas, as filed in Instrument #D2182454+60, P.R.T.C.T., bears along the east R-O-W line of said Heritage Parkway and west lime of said remainder of Floodway R-O-W, N 07035' 17" E, a distance of 40.47 feet, to the beginning of a curve to the right whose radius is 1150.00 feet, and whose long chord bears N 08'20'45" E, a distance of 27.75 feet, through a central angle of 01°22'57", an are length of 27.75 feet to said 518 inch iron rod with cap stamped "Peloton", found; from which a 518 inch iron rod found in the south line of said Lot 1R, also being in the north line of the remainder of said Floodway R-O-W, bears N 6795'51" E, a distance of 830.93 feet; THENCE S 07035' l7" W, along the east R-O-W line of said heritage Parkway, and along the west line of said Floodway R-O-W, a distance of 57.27 feet; THENCE S 68024'23" W, passing over and across the R-O-W of said Heritage Parkway, a distance of 114.54 feet to the west R-O-W line of said Heritage Parkway, also being in the Fxhibit "A" Sheet l of 3 TRA 19366 east line of Lot 1, Block 1, Fort Worth Alliance Airport, an addition to the City of Fort Worth, Tarrant County, Texas, as filed in Cabinet A, Slides 621 & 622, P.R.T.C.T.; THENCE N 07035' 17" E, along the west R-O-W of said Heritage Parkway, and along the east line of said Lot 1, Block 1, Fort Worth Alliance Airport, a distance of 57.27 feet; THENCE N 6802423" E, passing over and across the R-O-W of said Heritage Parkway, a distance of 114.54 feet to the POINT OF BEGINNING and containing 5,727 square feet or 0.131 of an acre of land. 4P; Qi5TcW'!4' 61 4 ' r ........................ Apr 15„ 2026 THERON W. SIMS Theron W. Sims, R.P.L. ..Y..................... %.. Texas Registration No. 5 �'� 5887 Surveyed on the ground April 4, 2023 r, 1. Bearings of lines shown hereon refer to Grid North of the Texas Coordinate System of 1983 (North Central Zone 4202; NAD83(2011) Epoch 2010) as derived locally from Allterra Central Rtknet Continuously Operating Reference Stations (COBS) via Real Time Kinematic (RTK) methods. An average Combination Factor of 1.000151962D was used to scale grid coordinates and distances to surface. Coordinates shown hereon are Grid Coordinates. 2. Integral parts of this survey: a. Legal Description b. Sketch Exhibit "A" Sheet 2 of 3 TRA 19366 EXMBI T ""A," CURVE# I LENGTH I RADIUS I DELTA I CHORD BEARING I CHORD C1 1 27.75' 1 1150.00' 0 01'22'57" 1 NOB'20'45"E 1 27.75' LINE # DIRECTION LENGTH L1 N0735'17"E 40.47' N L2 SD7'35'17"W 57.27' L3 568'24'23'W 114.54 L4 N07'35'17"E 57.27' L5 N68`24'23"E 114.54' P.O.B. ` I -EA COT 1R. BLK. 5 ENCROACHMENT IMENT NORTHPORT ADD'N. INST. ID218245460 AREA P.R.T.C.T. f SCALE 1 "=200' (5,727 SF or 0.131 AC) 5/8" IRF GRID COORDINATES (CONTROL MON.) N. 7039431. 31 E. 2332765 42 s LOT 4, BLK. 4 ��� , 4pE' & CO�j NORTHPORT ADD'N, INST. 102082148661 � �fl Nrol, 4R Q'����`D f P.R,T C.r. !�f� .i0' IRAi1i71.IrY E5�417. C1 f `'r f VOL 9632, PG. 1636 u ci 86 �� � D.R.T.C.r. f 1 ' Ll +' k 51 ° TRIN17Y RIVER AUTHORITY Or TEXAS r � ,� ' INST ID225193003 .. fi. r / D.R.T.C.T. 1! 5/8" IRF WITH CAP L4 STAMPEO PELOTON" A PORTION OF THE REMAINDER ^"F CONTROL AEON.) ! f OF PLOODWAY R—O—W -' CAB. A, SLIDE 379 & 38O z AR.T.C.T. � VOL- 9794, PG. 2293 D.I7r.Cr. j 30' TRA VPLtTY aM T f f IRA UnUrY ESM r Yt7L 9640, PC% 2021 VOL. 96J2 PC. 1636` f D.R.T.C.T. 1 terry D.R.T:C.T. 9+ � f LOT 1R1, BLK. 2 LOT` 1. ELK. 1 + 4414 NORTHPORT ADD'N. FORT WORTH ALLIANCE AIRPORT 0'" -e •' INST. ID217256567 CAB. A, SLIDE 621 do 622 P.R.T.C.T. P R.T.C.T f � � s 25' U. 'VOL. 10297 PG. 153 O.R. r C.T. LOT 1, aLK. 3 �`— NORTHPORT ADD'N. CAB. A, SLIDE 379 do 380 P.R:T.C.T, VAR1AIjLC WIDTH R—O—W WESTPORT PARKWAY CITY OFFOR T WORTH CITY OFHASLET ENCROACHMENT AREA OF HERITAGE PARKWAY TRINITY RIVER AUTHORITY 5300 SOUTH COLONS STREET, AiRLINGTON. TEXAS 76004 f LOT 2, BLK..2 '+ NORTHPORT ADD`N. CAB. A, SLIDE 379 11c 380 P.R.T.C.T. NOTES., 1) Bearings of lines shown hereon refer to Gnd North of the Texas Coordinate System of 1983 (North Central Zone; NAD83 (2011) Epoch 2010) as derived locally from Western Data Systems Continuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK) methods. An average Combination Factor of 1.0001519620 was used to scale grid Coordinates and distances to surface 2) Integral parts of this survey: a. Legal Description b. Sketch RENTYIN CREEK REG10NAL WASTEWATER SYSTEM 4 & E5HC-5 HENRIMA CREEK BELIEF INT'ERC. PARCEL NO. 1-EA I R-O-W ENCROACHMENT AREA OF HERITAGE !7! OWNER: PUBLIC R-O-W IN THE CITY OF PORT WORTH LEGAL DESCRIPTION. ENCROACHMENT AREA OF HERITAGE PARKWAY LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS ENCROACHMENT AREA ACREAGE: 5,727 S.F. or 0.131 OF AN ACRE OF LAND ENCROACHMENT AREA: A PORTION OF THE RIGHT-OF-WAY OF HERITAGE PARKWAY ,JOB NO. TRA 19366 DRAWN BY: RGF CAD FILE: 1-EA.dwg E DATE: A rii 15, 2026 EXHIBIT A, SHEET" 3 OF 3 SCALE: 1"=200' Tealwue Nall g Perkins, 5237 N. Riverside Dr., Suite 100,_Fort Worth, Texas 76137 • 817-336-5773 • TB OF j u jSTE'RE ........................ THERON WSIMS ..s,..................... .....Y,. =. ..5807k�� !`DES U w4 ran W. Sims, R.P.L.S. o. 5887 e: April 15, 2026 � veyed on the cround April 4. 20 .I S Revistration No. 100116-01 x V) u fill' - 'r- UJ U-1 w F-- Ma: LL U�' I CL 10 z , — � C'I 0 Lr' < Z Cl -j < In CL 0 00+61 VLS IN11 H:)iVW ;�R-cm �Iwi S1A-"a+W EXHIBIT "A„ DENTON CREEK REGIONAL WASTEWATER SYSTEM 25H+C-4 & 25HC-5 HENRIETTA CREEK RELIEF INTERCEPTOR PARCEL No. 8-Encroachment Area RIGHT-OF-WAY ENCROACHMENT AREA OF WESTPORT PARKWAY Situated in the C. Harmon Survey, Abstract No. 737, and a portion of the Right -of -Way of Westport Parkway, City of Fort Worthy Tarrant County, Texas. BEING 0.037 of an acre of land, situated in the C. Harmon Survey, Abstract No. 737, City of Fork Worth, Tarrant County, Texas, and being a portion of the Right -of -Way (R-O-W) of Westport Parkway, City of Fort Worth, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod found at a re-entrant corner of a tract of land described in deed to The City of Fort Worth, a municipal corporation, as filed in Volume 9633, Page 1462, Deed Records of Tarrant County, Texas (D.R.T.C.T.), also being the southwest comer of a tract of land described in deed to The City of Fort Worth, a municipal corporation, as filed in Volume 9601, Page 2393, D.R.T.C.T., from which a fence post found, bears the following calls N 79°35'30" E, a distance of 21.94 feet to the southeast comer of said City of Fort Worth tract (Vol. 9601, Pg. 2393, D.R.T.C.T.), also being the most easterly northeast corner of said City of Fort Worth tract (Vol. 9633, Pg. 1462, D.R.T.C.T.), and being in the west line of a tract of land described in deed to The City of Fort Worth, a municipal corporation, as filed in Volume 9569, Page 1142, D.R.T.C.T., S 00129'26" E, along the east line of said City of Fort Worth tract (Vol. 9633, Pg. 1462, D.R.T.C.T.), and along the west line of said City of Fort Worth tract (Vol. 9569, Pg. 1142, D.R.T.C.T.), a distance of 425.33 feet, to the beginning of a curve to the right whose radius is 155.00 feet, whose long chord bears S 03° 15' 17" W, a distance of 20.25 feet, in a southwesterly direction through a central angle of 07129'24", an are length of20.26 feet to said fence post found in said line; THENCE N 10024'30" W, along the west line of said City of Fort Worth tract (Vol. 9601, Pg. 2393, D.R.T.C.T.), and along the northeast line of said City of Fort Worth tract (Vol. 9633, Pg. 1462, D.R.T.C.T.), a distance of 311.83 feet to the south R-O-W line of Westport Parkway (120' in width), also being the northwest corner of the remainder of said, City of Fort Worth tract (Vol. 9601, Pg. 2393, D.R.T.C.T.), and the northeast corner of the remainder of said City of Fort Worth tract (Vol. 9633, Pg. 1462, D.R.T.C.T.), from which a 1/2 inch iron rod with cap stamped "Esmt", found in the south R-O-W line of said Westport Parkway, also being in the north line of the remainder of said City of Fort Worth tract (Vol. 9633, Pg. 1462, D.R.T.C.T.), bears S 8736' 12" W, along the south R-O-W line of said Westport Parkway, and along the north line Exhibit "A" Sheet I of 3 TRA 19366 of the remainder of said City of Fort Worth tract (Vol. 9633, Pg. 1462, D.R.T.C.T.), a distance of 32.85 feet, and along a curve to the right whose radius is 2924.79 feet, whose long chord hears S 88'36'12" W, a distance of 102.09 feet, in a southwesterly direction, through a central angle of 02"00'00", an arc length of 102.10 feet to the end of said curve, and S 89°36' 12" W, a distance of 722.58 feet to said 112 inch iron rod found with cap stamped "Esmt": THENCE N 25°47' 15" W, passing over and across the R-O-W of said Westport Parkway, a distance of 75.49 feet to the south line of the City of Fort Worth Iimits per City Ordinance No. 9914, for the POINT OF BEGINNING (North: 7038697.23, East: 2331744.74, Grid Coordinates), of the hereinafter described tract of land; THENCE N 20055'46" W, continuing over and across the R-O-W of said Westport Parkway, a distance of 53.52 feet to the north R-O-W Iine of said Westport Parkway, also being in the south line of the remainder of Lot 1, Block 1, Fort Worth Alliance Airport, an addition to the City of Fort Worth and City of Haslet, as filed in Cabinet A, Slides 621 & 622, Plat Records of Tarrant County, Texas (P.R.T.C.T.), and being the beginning of a curve to the left, whose radius is 2804.79 feet, whose long chord bears N 87"44'52" E, a distance of 14.13 feet; THENCE along the north R-O-W line of said Westport Parkway, and along the south line of the remainder of said Lot 1, Block 1, Fort Worth Alliance Airport, the following courses, and distances; Along said curve in a northeasterly direction, through a central angle of 00°17'19", an are length of 14.13 feet to the end of said curve; N 87'36'12" E, a distance of 17.52 feet; THENCE S 20055'46" E, passing over and across the R-O-W of said Westport Parkway, a distance of 54.64 feet to the south line of said City of Fort. Worth limits; THENCE S 89033'25" W, continuing over and across said Westport Parkway, along the south line of said City of Fort Worth limits, a distance of 32.03 feet to the POINT OF BEGINNING and containing 1,622 square feet or 0.037 of an acre of land. OF 2t728 ±HERON W. SlMS Theron W. Sims, R.4��Ju:nn9, .«Yr......... rr...r.««..�..« q 5887 Texas Registration No. 5887 < Op .t .. a Surveyed on the ground April 4, 2023 1. Bearings of lines shown hereon refer to Grid North of the Texas Coordinate System of 1983 (North Central Zone 4202; NAD83(2011) Epoch 2010) as derived locally from Allterra Central Rtknet Continuously {Operating Reference Stations (CORE) via Real Time Kinematic (RTK) methods. An average Combination Factor of 1.0001519620 was used to scale grid coordinates and distances to surface. Coordinates shown hereon are Grid Coordinates. 2. Integral parts of this survey: a. Legal Description b. Sketch Exhibit "A" Sheet 2 of 3 TRA 19366 ORAINAGE ESM'7, THE CITY OF FORT WORTH \ ML, 10602, PG. 1451 D.R.T.C.T. P.O.B. - 8-EA ENCROACHMENT AREA GRID COORDINATES N.- 7038629. 27 E.• 23J177Z 58 ADL DEVELOPMENT, L.P.. (3,797 Sr or 0.087 AC) a Texas limited partnership - VOL. 9279, PG, 377 D.R.T.C.T. (M 2) WESTPORT PARKWAY EXHIBIT 'rA" I A. WARkEN SM ABST, NO. 1687 30, M4 UnUTY i`SM7. r Jr VOL -9640, PG. 2021 f / D.R.T.C.T I / LOT 1, BLK. 3 NORTHPORT ADD'N. CAB. A, SLIDE 379 dr 380 P.R.T:C.T. -- REMINDER OF LOT 1, 8LK. 1. FORT WORTH ALLIANCE AIRPORT -48 AI, SLIDE 621 do 622, P.R.TC.T. C3 L8 /. / SCALE: 1 "=2 . —L7 11 120' R-O-W LINE FOR DIRECTIONAL CON L - - -1-6- -_-_- 1f2' IRF WITH CAP C2 STAMPED ESMrI/ 7 L4 L1c (CONTROL MON.) THE CITY OF FORT WORTH: a municipal Corp., ENSERCH ESM7. VOL. 9633, PG. 14ff2 } f WL. 12712, PG. 343 D.R.T.C.T. (Remainder Tract) D.R.TC.T Un1LITY E5M7. THE CITY OF FORT WORTH, a municipal VOL. 12755 PG. 559 carp., VOI. 9601, PC. 2393 D.R.T.CT. O.R.r.C_7: (Remainder Tract) q$ 5 P.O.C. - 140.13 ENCROACHMENT AREA 1f2" IRE (CONTROL MON.) Ll CURVE# LENGTH RADIUS DELTA CHORD BEARING CHORD C1 20.26' 155.00` 07'29'24" SOYI5'17'W 20.25' C2 102.10' 2924,79' 02-00-00" S88'36'12"W 102.09' C3 14.13' 2804.79' 00'17'19" N87'44'52"E 14.13' 1) Bearings of dines shown hereon refer to Grid North of the Texas Coordinate System or 1983 (North Central Zone; NAD83 (2011) Epoch 2010) as derived locally from Western Data Systems Continuously Operating Reference Stations (CORS) via Real Time Knematic (RTK) methods. An average Combination FaCtar of 1.0001519620 was used to scale grid coordinates and distances to surface. 2) Integral parts of this survey; a. Legal Description b. Sketch ENCROACHMENT AREA OF WESTPORT PARKWAY FENCE POST FND. TRINITY RIVER AUTHORITY 5300 SOUTH COLLINS STREET, ARLINGTOH, TEAS 716004 CITYOFFORTWORTH____ . CITY OFHM6BT ertSERCH ES. tmUff ESMT.. VOL 1271$ I- 343 vac 12755, C. sSs T D•R T.0r. D.R,T.C.T WAI' 140' 1 THE CITY OF FORr WORM, ii10 DENTON CREEK REGIONAL IYASTI{ iYATER SYS7WM •4 & 26HC-5 HENR1=A CREEK RELIEF BMW PARCEL NO. 8-EA I R-OKW ENCROACHMENT OF AREA WESTPORT PARKWAY OWNER: PUBLIC R-O-W IN THE CITY OF FORT WOW H LEGAL DESCRIPTION: ENCROACHMENT AREA OF WESTPORT PARKWAY LOCATION, CITY OF FORT WORTH, TAERRANT COUNTY, TEXAS ENCROACHMENT AREA ACREAGE- 3,797 S.F. or 0.087 OF AN ACRE OF LAND ENCROACHMENT AREA: A PORTION OF THE RIGHT-OF-WAY OF WESTPORT PARKWA'L JOB NO. TRA 19366 DRAWN BY: RGF CAD FILE: 8-EA.DWG DATE: April 15, 2026 EXHIBIT A, SHEET 3 OF 3 SCALE: 1"=200' ,Tenizue Nall & Perkins, 5237 N. Riverside Dr., Suite 100, Fort Worth, Texas 76137 • 817-336-5773 a municipal Corp, VOL, 9754, PC: 847 O.R.TC.T. (Remainder Tract) THE CITY OF FORT WORTH, a municipal Corp. VOL. 9569, PG. 1142 D.R.):C.T: (Remainder Tract) LINE # DIRECTION LENGTH L1 N79'35'30"E 21.94' L2 500'29'26"E 425,33' L3 N10'24'30"W 311.83' L4 S87'36'12"W 6.74' L5 S87'36'12"W 26.11' L6 S69'36'12"W 722.58' L7 N2955'46W 125,60' La N87'36'l2"E 17.52' L9 S20'55'46"E 125.56' L1D S87'36'12"W 24.90' A heron W. Sims, R.P.L.S. Date: April 15, 2026 urve ed an the round A ril = TBPELS Registration No. 10011 Ln m x Z, Lf) 3_ 0 cr Li w Lj I— _e rr u W LJ _j < : ILL < a 4J z VlV Lj < IM CL L,J mu VA Ift Si WM ­.Io Y, A I It Iff EXHIBIT B Certificate of Insurance Tier 11 ROW Encroachment Agreement Page 12 of 12 Revised TRA TMLCertificate of Coverage ml1 R3+M I-001. TMLIRP Contract Number: 13454 Member: Company Affording Coverage: Trinity River Authority Texas Municipal League Intergovernmental Risk Pool (TMLIRP) Mr. Robert Warren PO Box 149194 Manager, Risk, Safety, and Facilities Austin, TX 78714-9194 PO Box 60 (512) 491-2300 or (800) 537--6655 Arlington, Texas 76004 Fax: (512) 491-2404 Certificate Molder; City of Fort Worth Planning & Development — CFA Office PN24-0011 5 100 Fort Worth Trail Fort Worth, Texas 76102 This is to certify that the coverages listed below have been provided to the member and are in effect at this time. Notwithstanding any requirements, terms, or conditions of any other contract or agreement with respect to which this certificate may be Issued or may pertain, the coverage afforded by TMLIRP described herein is subject only to the terms, exclusions and additions of TMLIRP's coverage contracts between TMLIRP and its member(s). Coverage is continuous until canceled_ . General Liability Effective Grate: 12f112023 Real & Personal Property Effective Date: Anniversary Date: 121112024 Anniversary pate: Limits of Liability (Each Occurrence): $5,000.000 Limits of Coverage: Sudden Events Involving Pollution (Each Occurrence): $2,000,000 Deductible per Occurrence: Annual Aggregate: $10,000,000 Mobile Equipment Effective Date: Deductible per Occurrence: $5.000 Anniversary Date: Law Enforcement Liability Effective Date: Limits of Coverage: Anniversary Date: Deductible per Qccurrence: Limits of Liability (Each Occurrence): Boiler & Machinery - Broad Form Effective Date: Annual Aggregate: Anniversary Date: Deductible per Occurrence: Per Accident Limit: Errors and Omissions Liability Effective Date: Deductible per Occurrence: Anniversary Date: Yes No Limits of Liability(Each Wrongful Act): Mortgagee X Annual Aggregate: Loss Payee X Deductible per Occurrence: Loan Number: Auto Liability rffecUve Date: yearlmaye-Imodel VIN Value Anniversary Date: Limits of Liability (Each Occurrence): Deductible per Occurrence: Auto Physical Damage Effective Dale: Anniversary Date: Limits of Liability: Collision. Deductible: Comprehensive Deductible: Yes No Loss Pa ee: _ I Loan Number: DESCRIPTION: Confirmation of coverage to progress an encroachment record with the City of Fort Worth. General Liability coverage is primary and non-contributory. Cancellation: Should any of the above described coverages be canceled before the anniversary date thereof, TMLIRP will endeavor to mail 30 days written notice to the above named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon TMLIRP. Authorized Representative: Louis Canales Date issued: �. �➢ ram, � �� k �812212424 X102 21/012015 FORT WORTH, City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Trinity River Authority Subject of the Agreement: Water line crossing City ROW encroachment 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 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. Expiration Date 45 yrs from Director's signature date 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. PN24-00115 *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.