HomeMy WebLinkAbout065603 - General - Contract - SP Capstone Group LLCDate Received: 8/3/2026
Time Received: 9:30 a.m.
Record Number: PN26-00021
City Secretary No.: 65603
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
TIER lI
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 SP Capstone Group LLC, a
Texas limited liability company ("Licensee"), acting by and through its duly
authorized representative.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 9700 Oxenfree
Boulevard, Fort Worth, Texas 76108 ("Property"), being a tract of land situated in the
Thomas O. Moody Survey Abstract No. 1069, and being a tract of land situated in the
Pickney Caldwell Survey, Abstract No. 365, Lot 3R Block G, of Oxenfree at West Oak
Commercial, an addition to the City of Fort Worth, Tarrant County, Texas, as
recorded in Deed Records, by Instrument Number D224186290; and
WHEREAS, the City owns a public sanitary easement and a public water
easement (the "Public Property") adjacent to the Property, dedicated by plat, depicted
on the final plat of the property (FP-25-070), which plat is recorded in the plat records of
Tarrant County as Instrument D226082677; 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:
AGREEMENT
1.
The City, in consideration of the payment by Licensee of the fee set out below
and covenants and agreements hereinafter contained to be kept and performed by
Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and
occupy a portion of the City's Public Property as described in and at the location shown
on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing,
Tier II Easement Encroachment Agreement OFFICIAL RECORD Page 1 of I I
Standard CITY SECRETARY
FT. WORTH, TX
installing, and maintaining private storm pipes and electric lines (the
"Encroachment"). Upon completion of the Encroachment, Licensee agrees to be
responsible for maintaining the Encroachment within the Public Property. Licensee
shall not expand or otherwise cause the Encroachment to further infringe in or on
the Public Property beyond what is specifically described in Exhibit "A."
2.
All construction, installation, maintenance, and operation of the Encroachment
and the use or occupancy of the Public Property shall comply with and be performed in
strict compliance with this Agreement and with the charter, ordinances, codes, and
policies of the City. Prior to the construction or installation of the Encroachment,
Licensee shall submit all plans and specifications to the Director of the Development
Services Department or duly authorized representative. Licensee shall not commence
construction or installation of the Encroachment nor make any use of the Public Property
until after the execution of this Agreement.
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
Tier II Easement Encroachment Agreement Page 2 of 11
Standard
the Water Department, the Director of the Development Services Department or their
duly authorized representative. Any such removal of the Encroachment shall be in
accordance with then -existing City regulations and policies. It is understood and agreed
to by Licensee that if this Agreement terminates and Licensee fails to remove the
Encroachment and restore the Public Property, Licensee hereby gives City permission to
remove the Encroachment and any supporting structures from the Public Property, to
restore the Public Property, and to assess a lien on the Property for the costs expended by
the City in taking such actions.
6.
In order to defray all costs of inspection and supervision which the City has
incurred or will incur as a result of the construction, maintenance, inspection or
management of the Encroachment and use of Public Property as provided for by this
Agreement, Licensee agrees to pay to City at the time this Agreement is requested an
application fee in the sum of One Thousand Twelve Dollars and Fifty Cents
($1012.50).
7.
The term of this Agreement shall be for thirty (30) years, commencing on the
date this Agreement is executed by City. However, the City may terminate this
Agreement upon Licensee's noncompliance with any of the terms of this Agreement.
City shall notify Licensee in writing of any such noncompliance and if Licensee does not
cure the noncompliance within thirty (30) days of notice from City, the City may
terminate this Agreement. However, the City may, at its sole option, allow the Agreement
to remain in effect so long as Licensee has taken reasonable measures to cure the
noncompliance or is continuing to diligently attempt to remedy the noncompliance.
8.
It is further understood and agreed between the parties hereto that the Public
Property to be used and encroached upon is held by City as trustee for the public; that
City exercises such powers over the Public Property as have been delegated to it by the
Constitution of the State of Texas or by the Texas Legislature; and that City cannot
contract away its duty and its legislative power to control the Public Property for the use
and benefit of the public. It is accordingly agreed that if the governing body of City may
at any time during the term hereof determine in its sole discretion to use or cause or
permit the Public Property to be used for any other public purpose, including but not
being limited to underground, surface, or overhead communication, drainage, sanitary
sewerage, transmission of natural gas or electricity, or any other public purpose, whether
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 Easement Encroachment Agreement Page 3 of I I
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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 Easement Encroachment Agreement Page 4 of I I
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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.
Tier Il Easement Encroachment Agreement Page 5 of I I
Standard
The parties agree that the duties and obligations contained in Section 5 shall
survive the termination of this Agreement.
18.
Licensee covenants and agrees that it will not assign all or any of its rights,
privileges, or duties under this Agreement without the written approval of the City, and
any attempted assignment without such written approval shall be void. In the event
Licensee conveys the Property, Licensee may assign all of its rights and obligations under
this Agreement to the new owner of the Property, and Licensee shall be deemed released
from its duties and obligations hereunder upon City's approval in writing of such
assignment, which approval shall not be unreasonably conditioned or withheld.
Foreclosure by a secured lender of Licensee or assignment to a secured lender by
Licensee in the event of default or otherwise shall not require City approval provided that
said lender notifies City in writing within sixty (60) days of such foreclosure or
assignment and assumes all of Licensee's rights and obligations hereunder. However, no
change of ownership due to foreclosure or assignment to any secured lender of Licensee
shall be effective as to City unless and until written notice of such foreclosure or
assignment is provided to City.
19.
Prior to the end of the term of this Agreement, Licensee may submit a new
encroachment application to the City. The City will not unreasonably withhold or delay
approval of such application provided that the Encroachment follows the then current
City codes and compliance.
20.
Any cause of action for breach of this Agreement shall be brought in Tarrant
County, Texas. This Agreement shall be governed by the laws of the State of Texas.
21.
This Agreement shall be binding upon the parties hereto and their successors and
assigns.
22.
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Tier II Easement Encroachment Agreement Page 6 of I I
Standard
EXECUTED to be effective on the date signed by the City's Director of
Development Services Department
City:
CITY OF FORT WORTH
Dalton Harrell (Jul 31, 2026 12:31:27 CDT)
D. J. Harrell
Director, Development Services Department
Date: 07/31 /2026
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Jannette Goodall,
City Secretary
Approved As To Form and Legality
Assistant City Attorney
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
jzv�
Kandice Merrick
Contract Compliance Manager
Tier II ROW Encroachment Agreement
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 7 of 1 1
Licensee:
SP CAPSTONE GROUP LLC
a Texas Limited Lia ility company
By:
e: S m i t Shah
Title: Manager/Member
Date: 0-q 12 ::�-12�—
STATE OF ^Te lC Q S §
COUNTY OF _ §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
_-r(! on this day personally appeared : 1} S)-Iq h ,
Mcr ei Title known to me to be the person whose name is subscribed to
the foregoing instrument, and acknowledged to me that he or she executed the same for
the purposes and consideration therein expressed, as the act and deed of
SP CQpyiefryiL a u.0 (entity type), and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ?_-�.� day of
2026.
Notary Public in andforthe
State of 'KCA .
'Fier II Easement Encroanment Agr:,e rent
Standard
"p''', RONAK B. VAGHANI
Notary Public, State of Texas
.�'y Comm. Expires 12-05-2027
Notary ID 1314668545
Page 8 of 1 I
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 31 day of
July 2026.
Notary Public in and for the State of Texas
Tier II Easement Encroachment Agreement
Standard
Audrey Lae Wallace
My COMMISSIon Uplres
1911012029
Notary ID135OB2586
Page 9 of I I
EXHIBIT A
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement Page 10 of 11
Standard
HITE SETTLEMENT RD
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LOCATION MAP
N.T.S.
CPN: 106613
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COUNCIL DISTRICT- #7
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LOCATION MAP
OWNER DEVELOPER
ENGINEER: RYAN SAFFORD, P.E
SHOPS AT THE ACADEMY
BLAZING HOSPITALITY
SOUTHEAST CORNER OF WHITE
Bownim
4940 N. TARRANT PARKWAY
FORT WORTH, TX 76244
SETTLEMENT RD & ACADEMY BLVD
CONTACT: SMIT SHAH
FORT WORTH, TX 76108 2701 Dallas Parkway, Ste 100
PHONE: (281) 221.6025
CPN # 106613
Plano, TX 75093
D--b., 15,2j
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BEING a tract of land situated in the Thomas O. Moody Survey, Abstract No. 1069, City of Fort Worth,
Tarrant County, Texas and being a portion of Lot 3R, Block G, of OXENFREE AT WEST OAK
COMMERCIAL, an addition to the City of Fort Worth, Texas according to the plat thereof recorded in
Instrument Number D226082677, Plat Records of Tarrant County, Texas, and being more particularly
described as follows:
COMMENCING at a 1/2-inch iron rod with a plastic cap stamped "BOWMAN" found for the southwest
corner of said Lot 3R, Block G, same being on the northerly right-of-way line of Oxenfree Boulevard (a
variable width right-of-way);
THENCE North 70°42'08" East, with said northerly right-of-way line and the south line of said Lot 3R, Block
G, a distance of 47.72 feet to a point for corner;
THENCE departing said northerly right-of-way line, over and across said Lot 3R, Block G the following
courses:
North 19"17'52" West, a distance of 44.73 feet to the POINT OF BEGINNING of the herein described
tract;
South 7004327" West, a distance of 20.00 feet to a point for corner;
North 19'12'31" West, a distance of 20.00 feet to a point for corner;
North 70043'45" East, a distance of 20.00 feet to a point for corner;
South 19°12'31" East, a distance of 20.00 feet to the POINT OF BEGINNING and containing 400
square feet or 0.009 of an acre of land, more or less.
S�-
Bentley E. Shafer 05-27-2026
Registered Professional
Land Surveyor No. 6988
2701 Dallas Parkway, Suite 100
Plano, Texas 75093
PH. (972) 616-4713
ey.snarerLoowman.com
SESLAC 5127/2026 B'A5 AM QATVA
10239 Tn 2109991nALLAS nFFI
EXHIBIT "A"
EASEMENT ENCROACHMENT #1
THOMAS O. MOODY SURVEY,
ABSTRACT NO. 1069
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
HOSPITALITY ISU RVEY\CAD\DWG\CIVIL 30\ENCROACHMENTS\070753 BLAZING HOSPITALLITY EE 1.DWG
7
N NOTES LEGEND
\ I / Bearing system based on the Texas Coordinate A = CENTRAL ANGLE
B ` System of 1983, North Central Zone (4202), North P.O.C. = POINT OF COMMENCING
I American Datum of 1983. P.O.B. = POINT OF BEGINNING
IRFC = IRON ROD W/CAP FOUND
S P.R.T.C.T. = PLAT RECORDS OF TARRANT COUNTY, TEXAS
0 30 60 O.P.R.T.C.T. = OFFICIAL PUBLIC RECORDS, TARRANT
COUNTY,TEXAS
GRAPHIC SCALE IN FEET
LOT 1 R, BLOCK G
OXENFREE AT WEST
OAK COMMERCIAL
INST. NO. D226082677
'40 ,
LOT 2R, BLOCK G
OXENFREE AT WEST
OAK COMMERCIAL
INST. NO. D226082677
N70°43'45"E
20.00'
ESM� 6�`I
LOT 3R, BLOCK G 10 v�\N0.0�26 8 i
OXENFREE AT WEST
OAK COMMERCIAL
i
INST. NO. D226082677
�S19°12'31"E-
20.00'
CRES �'C�EES261�
�50e 9 0.009 A ��p\NP 22600
�0o°,0 °°6 —400 SQ. FT.
g0F p� �' N19*12'31 "W
20.00', \ \ P.O.B.
i
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S70 43 27 W
20.00' �SM\. N19°17'52"W
20 o OO26i 26�T 44.73' /
\v —'Sol- �' \NN70°42'08"E LU
SPA\ (PR260g263 R 47.72' / '� z
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20 0.0 v P �.
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LOT 1, BLOCK E a
OXENFREE AT WEST OAK
INST.NO. D224077348
P.R.T.C.T.
SUR Jay .
\NG�NP�S RPe N�o 366
P
EXHIBIT "A"
EASEMENT ENCROACHMENT #1
THOMAS O. MOODY SURVEY,
ABSTRACT NO. 1069
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
IACOB
HOSPITALITY\SURVEY\CAD\DWG\CIVIL 3D\ENCROACHMENTS\070753_BLAZING HOSPI I.ALLI I Y_tt_I.UvvU
in
BEING a tract of land situated in the Pickney Caldwell Survey, Abstract No. 365, City of Fort Worth, Tarrant
County, Texas and being a portion of Lot 3R, Block G, of OXENFREE AT WEST OAK COMMERCIAL, an
addition to the City of Fort Worth, Texas according to the plat thereof recorded in Instrument Number
D226082677, Plat Records of Tarrant County, Texas, and being more particularly described as follows:
COMMENCING at a 1/2-inch iron rod with a plastic cap stamped "BOWMAN" found for the southeast
corner of said Lot 3R, Block G, and being on the northerly right-of-way line of Oxenfree Boulevard (a
variable width right-of-way), same being at the beginning of a tangent curve to the right with a radius of
1,520.00 feet, a central angle of 10°00'18", and a chord bearing and distance of South 65°41'59" West,
265.09 feet;
THENCE in a southwesterly direction, with the northerly right-of-way line of said Oxenfree Boulevard and
the south line of said Lot 3R, Block G, and with said tangent curve to the right, an arc distance of 265.42
feet to a point for corner;
THENCE South 70°42'08" West, continuing with the northerly right-of-way line of said Oxenfree Boulevard
and the south line of said Lot 3R, Block G, a distance of 68.29 feet to a point for corner;
THENCE departing said northerly right-of-way line, over and across said Lot 3R, Block G, the following
courses:
North 1901752" West, a distance of 44.63 feet to the POINT OF BEGINNING of the herein described
tract;
South 70°43'27" West, a distance of 20.00 feet to a point for corner;
North 1901710" West, a distance of 20.00 feet to a point for corner;
North 70'43'27" East, a distance of 20.00 feet to a point for corner;
South 1901710" East, a distance of 20.00 feet to the POINT OF BEGINNING and containing 400
square feet or 0.009 of an acre of land, more or less.
_45�'
Bentley E. Shafer 05-27-2026
Registered Professional
Land Surveyor No. 6988
2701 Dallas Parkway, Suite 100
Plano, Texas 75093
PH. (972) 616-4713
bentlev. shafer(a)bowman.com
OF
................................
BENTLEY E. SHAFER
0 6988 r
SEUR`I�PJ�
EXHIBIT "A"
EASEMENT ENCROACHMENT #2
PICKNEY CALDWELL SURVEY,
ABSTRACT NO. 365
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
1519\JOBS\BOWMAN JOB FILES\210239 TO 2
HOSPITALITY\SURVEY\CAD\DWG\CIVIL 3D\ENCROACHMENTS\070753_BLAZING HOSPITALLITY_EE-2.DWG
L
N
♦II
B ••—
/I
S
0 30 60
GRAPHIC SCALE IN FEET
NOTES
LEGEND
Bearing system based on the Texas Coordinate A = CENTRAL ANGLE
System of 1983, North Central Zone (4202), North P.O.C. = POINT OF COMMENCING
American Datum of 1983. P.O.B. = POINT OF BEGINNING
IRFC = IRON ROD W/CAP FOUND
P.R.T.C.T. = PLAT RECORDS OF TARRANT COUNTY, TEXAS
O.P.R.T.C.T. = OFFICIAL PUBLIC RECORDS, TARRANT
COUNTY, TEXAS
CS70"'42'08"W
T 3R, BLOCK IS
OXEONFREEATW WEST Ezz�1 p2go�6�i�// 11R
OAK COMMERCIAL �gM� 5NN\� O226�a0\� �2 INST. NO. D226082677N0.009 ACRES NSA NO' _ P400 SQ. FT. S19°17' 0"E- i / /
J 20.00' i i , O9 "BOWMAN
N70°43'27"E 6
20.00'' P �.8.Q�59 PRE COR."
�� �P2260g2i G��s,265 p0 i
'D i
�3NS" , NO. Ev PR? \ 1520 01g'.
N 19° 17' 10"W , OVA. OF
20.00' �,�$ R\C,�\� \SQO\N D i
S70°43'27"W/ O' `P8\ pFo`NPp2
20.0� NQ \ G� LOT 1, BLOCK EOXENFREE AT WEST OAK
-N19°17'52"W INST.NO. D224077348
44.63'
P.R.T.C.T.
.
PGE ESM6�� /
V ORP40.
�o M,3
i SoRqE�'
<JE� sR C, ENO 365 `26 �M�FtG�Ng� N P \
P\Nod PBS
LOT 1, BLOCK E
OXEN FREE AT WEST OAK
INST.NO. D224077348
P.R.T.C.T.
EXHIBIT "A"
EASEMENT ENCROACHMENT #2
PICKNEY CALDWELL SURVEY,
ABSTRACT NO. 365
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
RFSI AC 5/27/2026 8. 53
HOSPITALITY\SURVEY\CAD\DWG\CIVIL 3D\ENCROACHMENTS\070753_BLAZING HO'SPITALLITY_EE_2.DWG
BEING a tract of land situated in the Pickney Caldwell Survey, Abstract No. 365, City of Fort Worth, Tarrant
County, Texas and being a portion of Lot 3R, Block G, of OXENFREE AT WEST OAK COMMERCIAL, an
addition to the City of Fort Worth, Texas according to the plat thereof recorded in Instrument Number
D226082677, Plat Records of Tarrant County, Texas, and being more particularly described as follows:
COMMENCING at a 1/2-inch iron rod with a plastic cap stamped "BOWMAN" found for the southeast
corner of said Lot 3R, Block G, and being on the northerly right-of-way line of Oxenfree Boulevard (a
variable width right-of-way), same being at the beginning of a tangent curve to the right with a radius of
1,520.00 feet, a central angle of 1000018", and a chord bearing and distance of South 65041'59" West,
265.09 feet;
THENCE with said northerly right-of-way line and the south line of said Lot 3R, Block G the following
courses:
in a southwesterly direction and with said tangent curve to the right, an arc distance of 265.42 feet to a
point for corner;
South 70°42'08" West, a distance of 7.19 feet to the POINT OF BEGINNING of the herein described
tract;
South 70042'08" West, a distance of 10.00 feet to a point for corner;
THENCE departing said northerly right-of-way line, over and across said Lot 3R, Block G the following
courses:
North 19'17'52" West, a distance of 20.00 feet to a point for corner;
North 70'42'08" East, a distance of 10.00 feet to a point for corner;
South 1901752" East, a distance of 20.00 feet to the POINT OF BEGINNING and containing 200
square feet or 0.005 acres of land, more or less.
Bentley E. Shafer 05-27-2026
Registered Professional
Land Surveyor No. 6988
2701 Dallas Parkway, Suite 100
Plano, Texas 75093
PH. (972) 616-4713
71,
BENTLEY E. SHAFER
...............................
0 6988 r
I oenuey.snarerLbowman.com r—
JACOB SESLAC 5/2712026 10:58AM O.\TX-WACO-1519\JOBS\SOWMAN JOB FILESU10739
EXHIBIT "A"
EASEMENT ENCROACHMENT #3
PICKNEY CALDWELL SURVEY,
ABSTRACT NO. 365
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
OFFICE\070753 - WHITE SETTLEMENT BLAZING
HOSPITALITY\SURVEY\CAD\DWG\CIVIL 3D\ENCROACHMENTS\070753 BLAZING HOSPITALLIIY EE 3.D\NG
N
,B�
/I♦
S
0 30 60
GRAPHIC SCALE IN FEET
NOTES
LEGEND
Bearing system based on the Texas Coordinate A = CENTRAL ANGLE
System of 1983, North Central Zone (4202), North P.O.C. = POINT OF COMMENCING
American Datum of 1983. P.O.B. = POINT OF BEGINNING
IRFC = IRON ROD W/CAP FOUND
P.R.T.C. T. = PLAT RECORDS OF TARRANT COUNTY, TEXAS
O.P.R.T.C.T. = OFFICIAL PUBLIC RECORDS, TARRANT
COUNTY, TEXAS
Sxb
LOT 3R, BLOCK G �' pNGp p226o
SUR�Ey. OXENFREE AT WEST OAK
G 365 COMMERCIAL /' '
Ka��s RP jNG INST. NO. D2260826,7— / / O.C.
112" IRFC
Np D�2� \ /' / "BOWMAN '
/ 09 90�1 PROP COR."/
-\0 NO• S19°17'52"E
\Ns� ' Mj • - 20. 00' / S65 N1
65 �
0'
gpN\�PR226� N70°42'08"E P.O.B. ' G L' 1y20� a
O 1
0.00' " S70°42'08"W '10i 0
SM� 20.00' S70°42'08"W
' \NPG� 0 2g11 ® 10.00'
P
Nso �'o a�26 0ov `N P 11 J—0.00 ACRES
e 1 9 CN�SPO,N 200 SQ FT OX LOT 1, BLOCK E
lJlyPoR\DNS\0POCI!`N( G%131"
GN NO T3ag
�
l26 EM�FiG�Ns� NO
LOT 1, BLOCK E
OXENFREE AT WEST OAK
INST.NO. D224077348
P.R.T.C.T.
ENFREE AT WEST OAK
INST.NO. D224077348
P.R.T.C.T.
EXHIBIT "A"
EASEMENT ENCROACHMENT #3
PICKNEY CALDWELL SURVEY,
ABSTRACT NO. 365
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
_ATiMIM8119MUINFG F.V Tdn/XIt1111wr.770MMIViGvxx1IIWWI
HOSPITALITY\SURVEY\GAD\DWG\CIVIL 3D\ENCROACHMENTS\070753_BLAZING HOSPITALLITY_EE_3.DWG
BEING a tract of land situated in the Pickney Caldwell Survey, Abstract No. 365, City of Fort Worth, Tarrant
County, Texas and being a portion of Lot 3R, Block G, of OXENFREE AT WEST OAK COMMERCIAL, an
addition to the City of Fort Worth, Texas according to the plat thereof recorded in Instrument Number
D226082677, Plat Records of Tarrant County, Texas, and being more particularly described as follows:
COMMENCING at a 1/2-inch iron rod with a plastic cap stamped "BOWMAN" found for the southeast
corner of said Lot 3R, Block G, and being on the northerly right-of-way line of Oxenfree Boulevard (a
variable width right-of-way) same being at the beginning of a tangent curve to the right with a radius of
1,520.00 feet, a central angle of 07000'08", and a chord bearing and distance of South 64011'54" West,
185.76 feet;
THENCE in a southwesterly direction, with the northerly right-of-way line of said Oxenfree Boulevard and
the south line of said Lot 3R, Block G, with said tangent curve to the right, an arc distance of 185.65 feet to
a point for corner;
THENCE departing said northerly right-of-way line, over and across said Lot 3R, Block G the following
courses:
North 22°18'02" West, a distance of 44.59 feet to the POINT OF BEGINNING of the herein described
tract, same being at the beginning a tangent curve to the right with a radius of 1475.50 feet, a central
angle of 0°45'29", and a chord bearing and distance of South 68°05'32" West 19.52 feet;
In a southwesterly direction, with said tangent curve to the right, an arc distance of 19.52 feet to a
point for corner;
North 19012'31" West, a distance of 20.02 feet to a point at the beginning a tangent curve to the left
with a radius of 1455.50 feet, a central angle of 0°46'07", a chord bearing and distance of North
68'03'18" East, 19.52 feet;
In a northeasterly direction, with said tangent curve to the left, an arc distance of 19.52 feet to a
point for corner;
South 19°12'31" East, a distance of 20.03 feet to the POINT OF BEGINNING and containing 390
square feet or 0.009 of an acre of land, more or less.
Bentley E. ha er 05-27-2026
Registered Professional
Land Surveyor No. 6988
2701 Dallas Parkway, Suite 100
Plano, Texas 7SO93
PH. (972) 616-4713
bentley.shafer@bowman.com
K(�EG1S�TrF,�
BENTLEY E. SHAFER
................................
�QQII-l
6988.•
EXHIBIT "A"
EASEMENT ENCROACHMENT #4
PICKNEY CALDWELL SURVEY,
ABSTRACT NO. 365
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
HOSPITALITY\SURVEY\CAD\DWG\CIVIL 3D\ENCROACHMENTS\070753 BLAZING HOSPITALLITY EE_4.DWG
WHITE SETTLEMENT BLAZING
■]
w
N
B
/I.
S
0 30 60
GRAPHIC SCALE IN FEET
NOTES
LEGEND
Bearing system based on the Texas Coordinate A = CENTRAL ANGLE
System of 1983, North Central Zone (4202), North P.O.C. = POINT OF COMMENCING
American Datum of 1983. P.O.B. = POINT OF BEGINNING
iRFC = IRON ROD W/CAP FOUND
P.R.T.C.T. = PLAT RECORDS OF TARRANT COUNTY, TEXAS
O.P.R.T.C.T. = OFFICIAL PUBLIC RECORDS, TARRANT
COUNTY, TEXAS
V�EVV 365J�� 0.009 ACRES)[R�FC
390 SQ. FT.A=0°46'07" S19*12'31"ELOT 3R, BLOCK G R=1455.50' 20.03'OXENFREE AT WEST OAK L=19.52'COMMERCIAL CB=N68°03'18"E�INST. NO. D226082677 C=19.52'JO26200��oa2 / R.v(0226Gg2N19'12'31"W \�1/2
\N 1 �O. 20.02' i \ / "BOWMAN /
� —(, — N22°18'02"W /
PN��pEt�2 0ig�� i i /44.59' PRO�OR.,.
/ L 20 S NO a2— \ / / ZY A=7°00'08-441
01 v— I1 — \ A=0°45'29" R=1520.00'
`NP022 ��� R=1475.50' /L=185.76'
38 gZ.N� �G�ESM6�1 L=19.52' / CB=S64°11'54"W
�i2Q p?J1 pvro CB=S68°05'32"W C=185.65' \
\NSC • NO.
C=19.52'
ON OFP NZl
�N R\VG I\A\S
OxRNGN� "No
FQ2G�9334a LOT 1, BLOCK E
OXENFREE AT WEST OAK
��'3 R\ \NS^ P R/ VIVA INST.NO. D224077348
P.R.T.C.T.
0,�
JGR�PP�c
l26 �M�RGNS� NO P R \ \
LOT 1, BLOCK E
OXENFREE AT WEST OAK
INST.NO. D224077348
P.R.T.C.T. \
EXHIBIT "A"
EASEMENT ENCROACHMENT #4
PICKNEY CALDWELL SURVEY,
ABSTRACT NO. 366
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
f u➢.kx11 11561%[4-LF:➢.7_I1 W_164
HOSPITALITY\SURVEY\CAD\DWG\CIVIL 3D\ENCROACHMENTS\070753_BLAZING HOSPITAL LITY_EE_4.DWG
MENT BLAZING
J
BEING a tract of land situated in the Pickney Caldwell Survey, Abstract No. 365, City of Fort Worth, Tarrant
County, Texas and being a portion of Lot 4R, Block G, of OXENFREE AT WEST OAK COMMERCIAL, an
addition to the City of Fort Worth, Texas according to the plat thereof recorded in Instrument Number
D226082677, Plat Records of Tarrant County, Texas, and being more particularly described as follows:
COMMENCING at a 1/2-inch iron rod with a plastic cap stamped "BOWMAN" found for the southeast
corner of said Lot 4R, Block G, same being on the northerly right-of-way line of Oxenfree Boulevard (a
variable width right-of-way) same being at the beginning of a tangent curve to the right with a radius of
1,539.58 feet, a central angle of 01010'56", and a chord bearing and distance of South 57023'15" West,
31.76 feet;
THENCE in a southwesterly direction, with the northerly right-of-way line of said Oxenfree Boulevard and
the south line of said Lot 4R, Block G, and with said tangent curve to the right, an arc distance of 31.76 feet
to the POINT OF BEGINNING same being the beginning of a non -tangent curve to the right with a radius of
1,494.05 feet, a central angle of 01 °20'32", and a chord bearing and distance of South 58°38'02" West,
35.00 feet;
THENCE in a southwesterly direction, continuing with the northerly right-of-way line of said Oxenfree
Boulevard and the south line of said Lot 4R, Block G, and with said non -tangent curve to the right, an arc
distance of 35.00 feet to a point for corner;
THENCE departing said northerly right-of-way line, over and across said Lot 4R, Block G the following
courses:
North 31 °20'48" West, a distance of 20.00 feet to a point at the beginning of a tangent curve to the left
with a radius of 1,500.00 feet, a central angle of 01°20'13", and a chord bearing and distance of North
58038'22" East, 35.00 feet;
In a easterly direction, with said non -tangent curve to the left, an arc distance of 35.00 feet to a point
for corner;
South 31 °20'47" East, a distance of 20.00 feet to the POINT OF BEGINNING and containing 700
square feet or 0.016 acres of land, more or less.
Bentley E. Shafer 05-27-2026
Registered Professional
Land Surveyor No. 6988
2701 Dallas Parkway, Suite 100
Plano, Texas 75093
PH. (972) 616-4713
bentley.shafer@bOWM2n.com
OF
............*...........:...
BENTLEY E. SHAFER
0 6988
1 `�y SESSv?P Q • ..0 R • �y
EXHIBIT "A"
EASEMENT ENCROACHMENT #5
PICKNEY CALDWELL SURVEY,
ABSTRACT NO. 365
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
5/27/2026
J013 FILES1210239 TO 2109990ALLAS OFFICE1070753 - WHITE
MU-1 I ru I T 1aunvera,Auwvwu.IwL 6U�LNUNUAUHMEN 1510(W53_B4AZING HOSPITALLITY_EE_5.DWG
01
N
r� 8 i
II\
S
0 30 60
GRAPHIC SCALE IN FEET
NOTES
LEGEND
Bearing system based on the Texas Coordinate A = CENTRAL ANGLE
System of 1983, North Central Zone (4202), North P.O.C. = POINT OF COMMENCING
American Datum of 1983. P.O.B. = POINT OF BEGINNING
IRFC = IRON ROD W/CAP FOUND
P.R.T.C.T. = PLAT RECORDS OF TARRANT COUNTY, TEXAS
O.P.R.T.C.T. = OFFICIAL PUBLIC RECORDS, TARRANT
COUNTY, TEXAS
LOT 5R, BLOCK G
OXENFREE AT WEST
OAK COMMERCIAL
INST. NO. D226082677 / ���• A �v /
LOT 4R, BLOCK G / p�
OXENFREE AT WEST �vJF3,0�`\ /
OAK COMMERCIAL Q'L J �� Q /
INST. NO. D226082677 / �O
ti
LOT 3R, BLOCK G 1/2" IRFC !!� � O�
OXENFREE AT WEST / / / / �v _qv, �� +
OAK COMMERCIAL 'BOWMAN O
INST. NO. D226082677 20 X20' [5RAINQGE ESMT. \ PROP COR." ``hp p�O
INST. NO. j11*0 / 1 �O
/ P/R.T.`.T. S31°20'47"EOA
A=1*20'13" 20.00'R=1500.00' TA=1°10'56"
L=35.00'P.O.B• R 39 76'58 OSCB=N58°38'22"EC=35.00'A=1°20' 0 CB=S57°23'15"W R=1494.05'C=31.76'�ON31°L=35.00' �-
i 20.00' CB=S58°38'02"W 2�2 SOT Lp
0.016 ACRES \ °' o \ \
700 SQ. FT. •-� oa
c,
p�
6
�0"
A�Qa 00
o-cPAF
u' O\v� V
3
EXHIBIT "A"
EASEMENT ENCROACHMENT #5
PICKNEY CALDWELL SURVEY,
ABSTRACT NO. 366
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
.IAMB BFSLAC 5/27/2026 923
HOSPITALITY\SURVEY\CAD\DWG\CIVIL 30\ENCROACHMENTS\070753 BLAZING HOSPITALLITY EE 5.DWG
L.�
01
EXHIBIT B
Certificate of Insurance
Tier Ii Easement Encroachment Agreement Page I l of 1 I
Standard
FORT WORTH.
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: SP CAPSTONE GROUP LLC
Subject of the Agreement:
Tier II Easement Encroachment
M&C Approved by the Council? * Yes ❑ No M
If so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes ❑ No 0
If so, provide the original contract number and the amendment number.
Is the Contract "Permanent"? *Yes ❑ No 0
If unsure, see backpage for permanent contract listing.
Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is
Confidential, please list what information is Confidential and the page it is located.
Certificate of Insurance
Effective Date: Date Director signs
If different from the approval date.
Expiration Date: 30 years from execution
If applicable.
Is a 1295 Form required? * Yes ❑ No ED
*If so, please ensure it is attached to the approving M&C or attached to the contract.
Project Number: If applicable.
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes 0 No ❑
Contracts need to be routed for CSO processing in the followingorder:
rder:
1. Katherine Cenicola (Approver)
2. Jannette S. Goodall (Signer)
3. Allison Tidwell (Form Filler)
*Indicates the information is required and if the information is not provided, the contract will be
returned to the department.