Loading...
HomeMy WebLinkAbout065571 - General - Contract - Cook Children's Medical Center7/27/2026 Date Received: Time Received:9:23 a.m. Record Number:PN26-00089 City Secretary No.: 65571 PUBLIC PROPERTY RIGHT-OF-WAY ENCROACHMENT LICENSE AGREEMENT TIER 11 THIS AGREEMENT is made and entered into by and between THE CITY OF FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"), acting by and through its duly authorized City Manager, Assistant City Manager; or Director of the Development Services Department, and Cook Children's Medical Center, a Texas non-profit corporation ("Licensee"), acting by and through its duly authorized representative. RECITALS WHEREAS, Licensee is the owner of the real property located at 702 8th Avenue, Fort Worth, Texas 76104 ("Property"), being more particularly described as, Lot A, Block 4-R, Edwards Heirs Addition, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Deed Records, by Instrument Number D220061995 ; 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-24-229), which plat is recorded in the plat records of Tarrant County as Instrument D225149723; 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-24-295), which plat is recorded in the plat records of Tarrant County as Instrument D225085517; 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 FT. WORTH, TX 1. The City, in consideration of the payment by Licensee of the fee set out below and covenants and agreements hereinafter contained to be kept and performed by Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and Tier II ROW Encroachment Agreement Page 1 of 11 Revised/Standard 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 three private fiber conduits and two private pull boxes (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 Encroaclunent, Licensee shall submit all plans and specifications to the Director of the Development Services Department or duly authorized representative. Licensee shall not commence construction or installation of the Encroachment nor make any use of the Public Property until after the execution of this Agreement. 3. Licensee, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or future utilities affected by such Encroachment and the use and occupancy of the Public Property, including the securing the approval and consent of the appropriate utility companies and agencies of the State of Texas and its political subdivisions. In the event that any installation, reinstallation, relocation, or repair of any existing or future utility or improvements owned by or constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance, or existence of the Encroachment and use of Public Property, Licensee shall pay to City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department, or their duly authorized representative. 4. Licensee agrees that City may enter and utilize the Public Property at any time for any public purpose, including installing, repairing, replacing, or maintaining improvements to its public facilities or utilities necessary for the health, safety, and welfare of the public. The City shall have no responsibility or liability for any damages related to the Encroachment resulting from the City's use of the Public Property; however, the City shall make reasonable efforts to minimize such damage. 5. Upon termination of this Agreement, Licensee shall. at the option of and at no expense to the City, remove the Encroachment and restore the Public Property to a condition acceptable to the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department or their Tier II ROW Encroachment Agreement Page 2 of 1 1 Revised/Standard 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). Additionally, Licensee agrees to pay a fee in the amount of $436.50 ($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. 8. It is further understood and agreed between the parties hereto that the Public Property to be used and encroached upon is held by City as trustee for the public; that City exercises such powers over the Public Property as have been delegated to it by the Constitution of the State of Texas or by the Texas Legislature; and that City cannot contract away its duty and its legislative power to control the Public Property for the use and benefit of the public. It is accordingly agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the Public Property to be used for any other public purpose, including but not being limited to underground, surface, or overhead communication, drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not, that the parties agree to negotiate in good faith in order to accommodate both the Encroachment and the public purpose. 9. Tier II ROW Encroachment Agreement Page 3 of I I Revised/Standard 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. 11. Tier II ROW Encroachment Agreement Page 4 of I I Revised/Standard Licensee agrees to deposit with the City when this Agreement is executed a sufficient sum of money to be used to pay necessary fees to record this Agreement in the real property records of the county in which the Encroachment is located. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. 12. Licensee agrees to comply fully with all applicable federal, state, and local laws, statutes, ordinances, codes, and regulations in connection with the construction, operation, and maintenance of the Encroachment and use of the Public Property. 13. Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for by this Agreement or by any federal, state, or local statute, law, or regulation. 14. Licensee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant, or employee of City, and Licensee shall have exclusive control of and the exclusive right to control the details of its operations, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. The doctrine of respondeat superior shall not apply as between City and Licensee, its officers, agents, servants, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Licensee. 15. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain, and locate the Encroachment over or within the Public Property and is not a conveyance of any right, title, or interest in or to the Public Property, nor is it meant to convey any right to use or occupy property in which a third -party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. 16. In any action brought by the City for the enforcement of the obligations of the Licensee, City shall be entitled to recover interest and reasonable attorneys' fees. 17. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. Tier II ROW Encroachment Agreement Page 5 of I 1 Revised/Standard 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 assigmnent 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. 0#4 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 APPEAR ON FOLLOWING PAGE] Tier II ROW Encroachment Agreement Page 6 of ] I 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 Harrell (Jul 24, 2026 08:55:14 CDT) D. J. Harrell Director, Development Services Department 07/24/2026 Date: o vvnp4 �� F Fo!+r�yaad ATTEST: ono °°9.;dP Pam° P PVo Jo=P ka�¢�iae � �¢ruce� ddan oExpS .a Approved As To Form and Legality Jannette Goodall, Assistant City Attorney City Secretary 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 ROW Encroachment Agreement Page 7 of I I Revised/Standard Licensee: Cook Children's Medical Center a Texas non-profit organization By: cZ- Nam(Spe cer eats Title: Vice President. Construction and Real Estate Date: ri' Zou- STATE OF § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public in and for the State of on this day personally appeared TWE2A_�_> e"j Down 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 S W( �teKiat�yLpeA), and in the capacity C�tiC�t therein stated. GIIIVEN UNDER MY HAND AND SEAL OF OFFICE this day of �l 2026. Hur4 � .•''pr ►4 ., Donna Munoz Notary Public �}*= STATE OF TEXAS Notary Public in and for the n, 1�,J�� Notary ID #135231286 '•'.'toF M Comm State of _V, Exp. 04/11/2029 pp Y L&� Tier II ROW Encroachment Agreement Page 8 of I I Revised/Standard ***THIS PAGE FOR CITY OF FORT WORTH OFFICE USE ONLY*** 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 24th day of July , 2026. Notary Public in and for the State of Texas Tier II ROW Encroachment Agreement Revised/Standard Audrey Lee Wallace SIX Commiselon Expires 911012028 N otary I G 136082586 Page 9 of I I EXHIBIT A Depiction and description of the Encroachment Tier II ROW Encroachment Agreement Page 10 of 11 Revised/Standard HUMBOLT WORTH j I VICINITY MAP W Y Q a / CY W C� � J Q TUCKER ea PENNS LVANIA PRUI CANN N ,OOPER TERRELL 0 z Q co J HUMBOLT 2 H PULASKI - i NOT TO SCALE Um CCMC WEST 8TH AVE PARKING LOTS ROW ENCROACHMENT AGREEMENT FORT WORTH, TEXAS ZIN Awr DUNAWAY 550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107 Tel: 817.335.1121 (TX REG. F-1114) I I I I I LOT 1 R, BLOCK 8R EDWARDS HEIRS ADDITION D225149723 OPRTC:T PRUITT STREET (SN ASPHALT PAVEMENT PROPOSED (2) - 2" PRIVATE CONDUITS \ I rL � Z j ua rah u <� n a c LOT 1 R, BLOCK 7 $a<I EDWARD HEIRS ADDITION DOCUMENT NUMBER D225085517 -I a� O,PRTCT o . a ti� a a �I I QUANTITIES IN RIGHT-OF-WAY: 1. 52 LF PRIVATE CONDUIT 2. 21 SF PRIVATE PULL BOX 0 40 80 GRAPHIC SCALE IN FEET AD U P MWA 550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107 Tel: 817.335.1121 (TX REG. F-1114) 0+52 r- 0+00 I LOT 3 •r s BLOCK 3 ^ EDWARDS HEIRS ADDITION ti N VOLUME 6T, PAGE 2 R x a w a IIdl_. G �a - �sa I PQa 3a m x� — — EX-6 S5 — I I EXHIBIT A - FIBER CCMC WEST 8TH AVE PARKING LOTS FORT WORTH, TX EXHIBIT "A " ENCROA CHMEN T A PART OF THE GEORGE SHIELDS SURVEY, ABSTRACT NUMBER 7402, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS PARCEL 1 LOT 1R, BLOCK 8R EDWARDS HEIRS ADDITION C.C.D. NO. D225149723 P.R.T.C.T. L12 DEED LINE �5S 1�p2 �5V C"I p, rl u PRUITT STREET M (50' WIDTH RIGHT—OF—WAY) VOLUME 63, PAGE 2 O P.R.T.C.T. Z PARCEL 1 37 SQUARE FEET L11 ENCROACHMENT 0 J 0 10' SCALE FEET 1 "= 10' 0) IL, POINT OF BEGINNING S89'43'26"W 26.57' POINT OF COMMENCING cV J Line Table Line Number Bearing Distance L1 N8943'26"E 2.83' L2 S0096'34"E 3.50' L3 S8943'26'W 2.83' L4 S0016'34"E 0.62' L5 S45'16'34"E 6.21' L6 S89'43'26'W 0.47' L7 N45'16'34"W 6.02' L8 N00'16'34"W 0.76' 1-9 S89'43'26"W 2.83' 1-10 N00'16'34"W 3.50' 1-11 N89'43'26"E 2.83' L12 N89'43'26"E 0.33' Lg-V j L4 LS89'43'25"W _ 22.46' L6 LOT 1 R, BLOCK 7 EDWARDS HEIRS ADDITION C.C.D. NO. D225085517 P.R.T.C.T. C.C.D. NO. = COUNTY CLERK'S DOCUMENT NUMBER P.R.T.C.T. = PLAT RECORDS, TARRANT COUNTY, TEXAS A METES AND BOUNDS DESCRIPTION OF EVEN DATE ACCOMPANIES THIS DRAWING. DUNAWA y 550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107 Tel:817.335.1121 DATE: MAY 20, 2026 TEXAS REGISTERED SURVEYING FIRM NO.10098100 OF T D � : •�� � s r £� el �9 s STEPHEN R. GLOSUP f �; 5570 P;•' '•°Fessla:•' o S U R� 05/20/2026 PAGE 1 OF 6 DUNAWAY JOB NO. B011455.005 EXHIBIT "A" ENCROACHMENT _ A PART OF THE GEORGE SHIELDS SURVEY, ABSTRACT NUMBER 7402, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS PROPERTY DESCRIPTION BEING a tract of land situated in the George Shields Survey, Abstract No. 1402, City of Fort Worth, Tarrant County, Texas being a portion of Pruitt Street (50' width right—of—way), as recorded in Volume 63. Page 2, Plat Records, Tarrant County, Texas (P.R.T.C.T.), said tract of land being more particularly described by metes and bounds as follows: COMMENCING at a point for the south end of a corner clip for the southeast corner of Lot 1R, Block SR, Edwards Heirs Addition, an Addition to the City of Fort Worth, according to the plat recorded in County Clerk's Document Number D225149723 P.R.T.C.T., being in the north right—of—way line of said Pruitt Street; South 89'43'26" West, with the north right—of—way line of said Pruitt Street, and the south line of said Lot 1R, Block BR, Edwards Heirs Addition, a distance of 26.57 feet to the POINT OF BEGINNING of the herein described tract of land; THENCE departing the north right—of—way line of said Pruitt Street, and the south line of said Lot 1R, Block 8R, Edwards Heirs Addition, crossing into said Pruitt Street the following courses and distances: South 00'16'34" East, a distance of 41.49 feet to a point; North 89'43'26" East, a distance of 2.83 feet to a point; South 00'16'34" East, a distance of 3.50 feet to a point; South 89'43'26" West, a distance of 2.83 feet to a point; South 0016'34" East, a distance of 0.62 feet to a point; South 45"16'34" East, a distance of 6.21 feet to a point in the north line of Lot 1R, Block 7, Edwards Heirs Addition, an Addition to the City of Fort Worth according to the plat recorded in County Clerk's Document Number D225085517, P.R.T.C.T.; THENCE South 89'43'26" West, with the north line of said Lot 1R, Block 7, Edwards Heirs Addition a distance of 0.47 feet to a point; THENCE departing the north line of said Lot 1R, Block 7, Edwards Heirs Addition, crossing into said Pruitt Street, the following courses and distances: North 4516'34" West, a distance of 6.02 feet to a point; North 00*16'34" West, a distance of 0.76 feet to a point; South 89'43'26" West, a distance of 2.83 feet to a point; North 0016'34" West, a distance of 3.50 feet to a point; North 89'43'26" East, a distance of 2.83 feet to a point; North 00'16'34" West, a distance of 41.49 feet to a point on the north right—of—way line of said Pruitt Street, and the south line of said Lot 1R, Block 8R, Edwards Heirs Addition; THENCE North 89'43'26" East, with the north right—of—way line of said Pruitt Street, and the south line of said Lot 1R, Block 8R, Edwards Heirs Addition a distance of 0.33 feet to the POINT OF BEGINNING and containing a calculated area of 37 square feet of land. NOTES: The basis of bearings for this Easement is the Texas Coordinate System of 1983, North Central Zone, 4202, based upon GPS measurements, according to the GPS Reference Network. A drawing of even date accompanies this metes and bounds description. The metes and bounds description contained herein was compiled from information contained in recorded documents and does not reflect the results of an on the ground survey. DUNAWAY JOB NO. 8011455.005 PAGE 2 OF 6 Z.� EXHIBIT "A" Stephen Giosup 0 F Tf PARCEL 1 Registered Professional Land Surveyor y +.•••.. ;+' G 9 T f,p'•;9 Texas Registration No. 5570 srg@dunaway.com; 2FQ ; ENCROACHMENT May 20, 2026 STEPHEN R. GLOSUP A PART OF THE GEORGE SHIELDS AR -,DUNAWAY9++'°FE5s •o °.,+'� tia• .::::.• 0 SURVEY, ABSTRACT NUMBER 1402 SUR'� 550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107 Tel: 817.335.1121 TEXAS REGISTERED SURVEYING FIRM NO. 10098100 City of Fort Worth, Tarrant County, Texas. PROFILE SCALE HORIZ: 1" = 40' VERT: 1" = 8' 650 CROSS SEC Tl ON A - A 650 Q I Q O 645 i; 645 U 2 � ROPOSED � o e EXIS77NG 640 GROUND o Q GROUND 640 z PROPOSED GROUND L, PROPOSED ) - 2" I PRI VA 7E CONDUITS 635 635 R. 0. W. 630 630 -0+50 0+00 0+50 1 +00 211111111 DUNAWAY 550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107 Tel: 817.335.1121 (1X REG. F-11141 EXHIBIT A -FIBER CCMC WEST 8TH AVE PARKING LOTS FORT WORTH, TX LOT 1R, BLOCP. EDWARDS HEIRS ADDI D225'49723 0 P R T C T PRUITT STREET (50 WDTH RIGHT-OF-WAY) ASPHALT PAVEMENT A' LOT 1 R, BLOCK 7 I WARD HEIRS DOCUMENT NUMBER D225085517 OPRTCT. r EXIS77NG 8" WATER (X-26 88) I Eli QUANTITIES IN RIGHT-OF-WAY: 1. 50 LF PRIVATE CONDUIT 2. 21 SF PRIVATE PULL BOX 0 40 80 GRAPHIC SCALE IN FEET F MWA 550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107 Tel: 817.335.1121 (7X REG. F-1114) LOT 3 BLOCK 3 EDWARDS HEIRS ADDITION VOLUME 63, PAGE 2 P R 7 C T - _I — — — EY-6"55— — — — Ex SS— — -- — FY- ;�— =t-UE E_ - - A LOT A, BLOCK 4-R EDWARDS HEIRS ADDITION EXHIBIT A -FIBER CCMC WEST 8TH AVE PARKING LOTS FORT WORTH, TX EXHIBIT "A" ENCROA CHMEN T A PART OF THE GEORGE SHIELDS SURVEY, ABSTRACT NUMBER 1402, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS PARCEL 2 z^ 0 F-Z �oLO Y O CO 0QN~ m N U W ~ = O (n Z F- 0 O�U 0 U POINT OF BEGINNING L1 POINT OF COMMENCING I� M IN } Q 3 N w00 z gal= > U''`1� Q jE`O0_ O PRUITT STREET (50' WIDTH RIGHT-OF-WAY) VOLUME 63, PAGE 2 P.R.T.C.T. W O 01 r' PARCEL 2 O 36 SQUARE FEET N I ENCROACHMENT N89'40'10"E 43.03' J S89'40'10"W 43.03' of 7 � 1tt1�1 �O . STEPHEN R. GLOSUP 0 10' 5570 SCALE FEET yy()O •iii• V•(L� C.C.D. N0. =COUNTY CLERK'S DOCUMENT NUMBER � '.x G� P.R.T.C.T. = PLAT RECORDS, TARRANT COUNTY, TEXAS 05/20/2026 A METES AND BOUNDS DESCRIPTION OF EVEN DATE ACCOMPANIES THIS DRAWING. DUNAWAY 550 Bailey Avenue " Suite 400 " Fort Worth, Texas 76107 Tel: 817.335.1121 DATE: MAY 20, 2026 TEXAS REGISTERED SURVEYING FIRM NO. 10098100 z� 0 0_F_O d' O Q W 0ofW(3 J W � m2070_' Qfn W d H � Z O<M W L2 M JL41 L6 J L8 Line Table Line Number Bearing Distance L1 N00'26'26"W 2.83' L2 N89'33'34"E 3.50' L3 S00'26.26"E 2.83' L4 N89'40'10'E 3.47' L5 S0019'50"E 0.33' L6 S89'40'10"W 3.47' L7 S00'26'26"E 2.83' L8 S89'33'34"W 3.50' L9 N00'26'26"W 2.84' L10 N00'19-50"W 0.33' PAGE 3 OF 6 DUNAWAY JOB NO. B011455.005 EXHIBIT "A " ENCROA CHMEN T A PART OF THE GEORGE SHIELDS SURVEY, ABSTRACT NUMBER 7402, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS PROPERTY DESCRIPTION BEING a tract of land situated in the George Shields Survey, Abstract No. 1402, City of Fort Worth, Tarrant County, Texas, being a portion of 9th Avenue (50' width right—of—way), recorded in Volume 63. Page 2, Plat Records, Tarrant County, Texas (P.R.T.C.T.), said tract of land being more particularly described by metes and bounds as follows: COMMENCING at a point for the south end of a corner clip for the northeast corner of Lot 1R, Block 7, Edwards Heirs Addition, an Addition to the city of Fort Worth, according to the plat -recorded in County Clerk's Document Number D225085517, P.R.T.C.T., and being in the west right—of—way line of said 9th Avenue; South 00'19'50" East, with the east line of said Lot 1R, Black 7, Edwards Heirs Addition, and the west right—of—way line of said 9th Avenue, a distance of 24.34 feet to the POINT OF BEGINNING of the herein described tract of land; THENCE departing the east line of said Lot 1R, Block 7, Edwards Heirs Addition, and the west right—of—way line of said 9th Avenue, crossing into said 9th Avenue the following courses and distances: North 89'40'10" East, a distance of 43.03 feet to a point; North 00'26'26" West, a distance of 2.83 feet to a point; North 89'33'34" East, a distance of 3.50 feet to a point; South 00'26'26' East, a distance of 2.83 feet to a point; North 89'40'10" East, a distance of 3.47 feet to a point in the west line of Lot A, Block 4—R, Edwards Heirs Addition, an Addition to the City of Fort Worth, according to the plat recorded in Cabinet B, Slide 1958, P.R.T.C.T. and the east right—of—way line of said 9th Avenue; THENCE South 00'19'50" East, with the west line of Lot A, Block 4—R, Edwards Heirs Addition and the east right—of—way line of said 9th Avenue, a distance of 0.33 feet to a point; THENCE departing the west line of Lot A, Block 4—R, Edwards Heirs Addition and the east right—of—way line of said 9th Avenue, crossing into said 9th Avenue the following courses and distances: South 89'40'10" West, a distance of 3.47 feet to a point; South 00'26'26" East, a distance of 2.83 feet to a point; South 89'33'34" West, a distance of 3.50 feet to a point; North 00'26'26" West, a distance of 2.84 feet to a point; South 89'40'10" West, a distance of 43.03 feet to a point in the east line of said Lot 1R, Block 7, Edwards Heirs Addition, and the west right—of—way line of said 9th Avenue; THENCE North 0019'50" West, with the east line of said Lot 1R, Block 7, Edwards Heirs Addition, and the west right—of—way line of said 9th Avenue a distance of 0.33 feet to the POINT OF BEGINNING and containing a calculated area of 36 square feet of land. NOTES: The basis of bearings for this Easement is the Texas Coordinate System of 1983, North Central Zone, 4202, based upon GPS measurements, according to the GPS Reference Network. A drawing of even date accompanies this metes and bounds description. The metes and bounds description contained herein was compiled from information contained in recorded documents and does not reflect the results of an on the ground survey. DUNAWAY JOB NO. B011455.005 PAGE 4 OF 6 EXHIBIT "A" o Stephen . Glosup tl 0 F t;. �•.;f PARCEL 2 Registered Professional Land Surveyor ;•' G 1 S r f R'•;9 Texas Registration No. 5570 srg@dunaway.com ti C-,�'¢�. fio �J' ENCROACHMENT May 20, 2026 STEPHEN R. GLOSUP A PART OF THE GEORGE SHIELDS '� D U N AWA I 9 ••�''�fSsoo:•••� ti i SURVEY, ABSTRACT NUMBER 1402 ••.....• SURv 550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107 Tel: 817.335.1121 TEXAS REGISTERED SURVEYING FIRM NO. 10098100 City of Fort Worth, Tarrant County, Texas. PROFILE SCALE HORIZ: 1" = 40' VERT: 1" = 8' 645 CROSS SEC Tl ON 8-8 645 PROPOSED EXIS 77NG GROUND GROUND PROPOSED 640 GROUND 640 EXIS77NG GAS-\ EXISTING 8" WA TER (X-26289) 635 i� 635 PROPOSED ) - 2- PRI VA TE COI IDUI TS 630 630 R. 0. W. 625 625 -0+50 0+00 0+50 1+00 N AWA 550 Batley Avenue • Suffe 400 • Fort Worth, Texas 76107 Tel: 817.335.1121 (iX REG. F-1114) EXHIBIT A -FIBER CCMC WEST 8TH AVE PARKING LOTS FORT WORTH, TX i I LCT A, ' pC, 4-F. EDWARDS EARS ADDITION CABINEjf .I SLIDE 196E-- I < �L�l I t --- LI W CANNON STREET (50' WIDTH RIGHT-OF-WAY) ASPHALT PAVEMENT I I - EX/STING UNDERGROUND UTILITY LINE Y 1. i 4 — r R1.4 EDO -1 _ V- - — f VOLUME 6s, PAGE 2 l I� `u I QUANTITIES IN RIGHT-OF-WAY: 1. 50 LF PRIVATE CONDUIT 0 40 80 GRAPHIC SCALE IN FEET wDUFMWA 550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107 Tel: 817.335.1121 (TX REG. F-1114) FROPOSED (2) - ?RIVA TE CONDUITSI I II J J, LOT 1R, BLOCK 5 EDWARDS HEIRS ADDITI--$ V, ,,E 388-146, PAGE 45 P R T C T I! EXHIBIT A - FIBER CCMC WEST 8TH AVE PARKING LOTS FORT WORTH, TX / EXHIBIT "A " ENCROA CHMEN T A PART OF THE GEORGE SHIELDS SURVEY, ABSTRACT NUMBER 1402, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS PARCEL 3 o POINT OF CD COMMENCING C0 � rn _ h- = m :-1A� z mO ,, m N� D v 0 10' SCALE FEET 1"= 10' POINT OF BEGINNING N89-43'26"E 116.48' W. CANNON STREET (50' WIDTH RIGHT—OF—WAY) VOLUME 63, PAGE 2 P.R.T.C.T. LOT A, BLOCK 4—R EDWARDS HEIRS ADDITION CABINET B, SLIDE 1958 P.R.T.C.T. PARCEL 3 16 SQUARE FEET ENCROACHMENT N89'43'26"E 0.33' 3 rK) o to O rC3 0to 0 z S89'43'26"W LOT 4, BLOCK 5 0.33' EDWARDS HEIRS ADDITION VOLUME 63, PAGE 2 C.C.D. NO. = COUNTY CLERK'S DOCUMENT NUMBER P.R.T.C.T. P.R.T.C.T. = PLAT RECORDS, TARRANT COUNTY, TEXAS A METES AND BOUNDS DESCRIPTION OF EVEN DATE ACCOMPANIES THIS DRAWING. DUNAWA 550 Balley Avenue • Suite 400 • Fort Worth, Texas 76107 Tel: 817.335.1121 DATE: MAY 20, 2026 TEXAS REGISTERED SURVEYING FIRM NO. 10098100 STEPHEN R. CLOSUP L�';� 5570 P;=� 9,y•....SSOI S140611 UR`� 05/20/2026PAGE 5 OF 6 DUNAWAY JOB NO. B011455.005 EXHIBIT "A " ENCROACHMEN T A PART OF THE GEORGE SHIELDS SURVEY, ABSTRACT NUMBER 1402, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS PROPERTY DESCRIPTION BEING a tract of land situated in the George Shields Survey, Abstract No. 1402, City of Fort Worth, Tarrant County, Texas, being a portion of W. Cannon Street (50' width right—of—way), recorded in Volume 63, Page 2, Plat Records, Tarrant County, Texas (P.R.T.C.T.), said tract of land being more particularly described by metes and bounds as follows: COMMENCING at a point for the southwest corner of Lot A. Block 4—R, Edwards Heirs Addition, an Addition to the city of Fort Worth, according to the plat recorded in Cabinet B, Slide 1958, P.R.T.C.T., being the intersection of the east right—of—way line of 9th Avenue (50' width right—of—way), recorded in Volume 63, Page 2, P.R.T.C.T. and the north right—of—way line of said W. Cannon Street; North 89'43'26" East, with the south line of said Lot A, Block 4—R, Edwards Heirs Addition, and the north right—of—way line of said W. Cannon Street, a distance of 116.48 feet to the POINT OF BEGINNING of the herein described tract of land; THENCE North 89'43'26" East, .continuing with the south line of said Lot A, Block 4—R, Edwards Heirs Addition, and the north right—of—way line of said W. Cannon Street, a distance of 0.33 feet to a point; THENCE South 00'16'34" East, departing the south line of said Lot A, Block 4—R, Edwards Heirs Addition, and the north right—of—way line of said W. Cannon Street, crossing said W. Cannon Street, a distance of 50.00 feet to a point in the north line of Lot 4, Block 5, said Edwards Heirs Addition, recorded in Volume 63, Page 2 P.R.T.C.T. and the south right—of—way line of said W. Cannon Street; THENCE South 89'43'26" West, with the north line of Lot 4, Block 5, Edwards Heirs Addition, and the south right—of—way line of said W. Cannon Street, a distance of 0.33 feet to a point; THENCE North 00'16'34" West, departing the north line of Lot 4, Block 5, Edwards Heirs Addition, and the south right—of—way line of said W. Cannon Street, crossing W. Cannon Street, a distance of 50.00 feet to the POINT OF BEGINNING and containing a calculated area of 16 square feet of land. NOTES: The basis of bearings for this Easement is the Texas Coordinate System of 1983, North Central Zone, 4202, based upon GPS measurements, according to the GPS Reference Network. A drawing of even date accompanies this metes and bounds description. The metes and bounds description contained herein was compiled from information contained in recorded documents and does not reflect the results of an on the ground survey. DUNAWAY JOB NO. 8011455.005 PAGE 6 OF 6 za �- Z EXHIBIT "A" — Stephen Registered Professional Land Surveyor 0 F T� �F ...•••. PARCEL 3 Texas Registration No. 5570 `P•' G S r e1? 4 Fo.'P ENCROACHMENT srg@dunaway.com c)-Q- May 20, 2026 STEPHEN R. GLOSUP A PART OF THE GEORGE SHIELDS '` DUNAWAy 0a �0 r s;Q 5570 9iy •. �fSSt�••y0 SURVEY, ABSTRACT NUMBER 1402 SIJR`� 550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107 Tel: 817.335.1121 TEXAS REGISTERED SURVEYING FIRM NO. 10098100 City of Fort Worth, Tarrant County, Texas. PROFILE SCALE HORIZ: 1" = 40' VERT: 1" = 8' 650 CROSS O SS SEC TI ON C - C 650 645 645 EXISTING GROUND 640 A'-`� 640 PROPOSED ) - 2" P; RI VA TE CONDUITS EXISTING U 635 DERGROUND TILI TY LINE 635 R. 0. W. 630 630 -0+50 0+00 0+50 1+00 N AWA 550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107 Tel: 817.335.1121 (TX REG. F-1114) EXHIBIT A -FIBER CCMC WEST 8TH AVE PARKING LOTS FORT WORTH, TX EXHIBIT B Certificate of Insurance Tier II ROW Encroachment Agreement Page I I of I I Revised/Standard FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Cook Children's Medical Center Subject of the Agreement: Tier II ROW Encroachment Agreement 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.