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.
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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:
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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
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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
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CCMC WEST 8TH AVE PARKING LOTS
ROW ENCROACHMENT AGREEMENT
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EDWARDS HEIRS ADDITION
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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
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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.
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550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107
Tel:817.335.1121
DATE: MAY 20, 2026 TEXAS REGISTERED SURVEYING FIRM NO.10098100
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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
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EXHIBIT "A"
Stephen Giosup
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Registered Professional Land Surveyor
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Texas Registration No. 5570
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ENCROACHMENT
May 20, 2026
STEPHEN R. GLOSUP
A PART OF THE GEORGE SHIELDS
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SURVEY, ABSTRACT NUMBER 1402
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Tel: 817.335.1121
TEXAS REGISTERED SURVEYING FIRM NO. 10098100
City of Fort Worth, Tarrant County, Texas.
PROFILE SCALE
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VERT: 1" = 8'
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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
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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
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— — — 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
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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
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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 <
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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�
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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
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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'
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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.