HomeMy WebLinkAbout065647 - General - Contract - Rush TA, LLCDate Received: 8/12/2026
Time Received: 8:45 a.m.
Record Number: PN26-00058
City Secretary No.:
65647
PUBLIC PROPERTY RIGHT-OF-WAY ENCROACHMENT LICENSE
AGREEMENT
71ER 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 Rush TA, LLC, a(n) 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 10771 Tube
Drive, Fort Worth, Texas 76053 ("Property"), being more particularly described
as, being Lot I R-3A, Block 4, Bell Industrial District, an addition to the City of Fort
Worth, Tarrant County, Texas, according to the amended plat recorded in Cabinet
A, Slide 12303, Plat Records, Tarrant County, Texas, and as recorded in the
Official Public Records, Tarrant County, Texas, by Instrument Number D220161664; 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-007-154),
which plat is recorded in the plat records of Tarrant County as Instrument .D207417005;
and
WHEREAS, Licensee desires to construct, place, and maintain certain
improvements which will encroach in, on, above, or below the Public Property; and
WHEREAS, to accommodate the needs of the Licensee, the City will allow the
encroachment under the terms and conditions as set forth in this Agreement.
NOW, THEREFORE, the City and Licensee agree as follows: OFFICIAL RECORD
AGREEMENT CITY SECRETARY
I FT. WORTH, TX
The City, in consideration of the payment by Licensee of the fee set out below
and covenants and agreements hereinafter contained to be kept and performed by
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 11 ROW Encroachment Agreement Page I of I I
Standard
installing, and maintaining private storm drains (the "Encroachment"). Upon completion
of the Encroachment, Licensee agrees to be responsible for maintaining the
Encroachment within the Public Property. Licensee shall not expand or otherwise cause
the Encroachment to further infringe in or on the Public Property beyond what is
specifically described in Exhibit "A."
2.
All construction, installation, maintenance, and operation of the Encroachment
and the use or occupancy of the Public Property shall comply with and be performed in
strict compliance with this Agreement and with the charter, ordinances, codes, and
policies of the City. Prior to the construction or installation of the Encroachment,
Licensee shall submit all plans and specifications to the Director of the Development
Services Department or duly authorized representative. Licensee shall not commence
construction or installation of the Encroachment nor make any use of the Public Property
until after the execution of this Agreement.
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
improverents to its public facilities or utilities necessary for the health, safety, and
welfare of the public. The City shall have no responsibility or liability for any damages
related to the Encroachment resulting from the City's use of the Public Property;
however, the City shall make reasonable efforts to minimize such damage.
5.
Tier If ROW Encroachment Agreement Page 2 of I I
Standard
Upon termination of this Agreement, Licensee shall, at the option of and at no
expense to the City, remove the Encroachment and restore the Public Property to a
condition acceptable to the Director of Transportation and Public Works, the Director of
the Water Department, the Director of the Development Services Department or their
duly authorized representative. Any such removal of the Encroachment shall be in
accordance with then -existing City regulations and policies. It is understood and agreed
to by Licensee that if this Agreement terminates and Licensee fails to remove the
Encroachment and restore the Public Property, Licensee hereby gives City permission to
remove the Encroachment and any supporting structures from the Public Property, to
restore the Public Property, and to assess a lien on the Property for the costs expended by
the City in taking such actions.
6.
In order to defray all costs of inspection and supervision which the City has
incurred or will incur as a result of the construction, maintenance, inspection or
management of the Encroachment and use of Public Property as provided for by this
Agreement, Licensee agrees to pay to City at the time this Agreement is requested an
application fee in the sum of One Thousand Twelve Dollars and Fifty Cents
($1012.50). Additionally, Licensee agrees to pay a fee in the amount of $2.25 per
square foot of the encroachment area, upon execution of this Agreement and annually
thereafter.
7.
The term of this Agreement shall be for thirty (30) years, commencing on the
date this Agreement is executed by City. However, the City may terminate this
Agreement upon Licensee's noncompliance with any of the terms of this Agreement.
City shall notify Licensee in writing of any such noncompliance and if Licensee does not
cure the noncompliance within thirty (30) days of notice from City, the City may
terminate this Agreement. However, the City may, at its sole option, allow the Agreement
to remain in effect so long as Licensee has taken reasonable measures to cure the
noncompliance or is continuing to diligently attempt to remedy the noncompliance.
8.
It is further understood and agreed between the parties hereto that the Public
Property to be used and encroached upon is held by City as trustee for the public; that
City exercises such powers over the Public Property as have been delegated to it by the
Constitution of the State of Texas or by the Texas Legislature; and that City cannot
contract away its duty and its legislative power to control the Public Property for the use
and benefit of the public. It is accordingly agreed that if the governing body of City may
at any time during the term hereof determine in its sole discretion to use or cause or
permit the Public Property to be used for any other public purpose, including but not
being limited to underground, surface, or overhead communication, drainage, sanitary
sewerage, transmission of natural gas or electricity, or any other public purpose, whether
Tier II ROW Encroachment Agreement Page 3 of I 1
Standard
presently contemplated or not, that the parties agree to negotiate in good faith in order to
accommodate both the Encroachment and the public purpose.
9.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION
WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION,
MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE
ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT
CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF
THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND
RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL
LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL
INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY
PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE
ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF
LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES.
10.
While this Agreement is in effect, Licensee agrees to furnish City with a
Certificate of Insurance naming City as certificate holder as proof that is has secured and
paid for a policy of public liability insurance covering all public risks related to the
proposed use and occupancy of public property as located and described in Exhibit "A."
The amounts of such insurance shall be not less than
$ 1,000,000
with the understanding and agreement by Licensee that such insurance amounts may be
revised upward at City's option and that Licensee shall so revise such amounts
immediately following notice to Licensee of such requirement. Such insurance policy
shall not be canceled or amended without at least thirty (30) days prior written notice to
the Building Official of the City. A copy of such Certificate of Insurance is attached as
Exhibit "B" and incorporated herein for all purposes. Licensee agrees, binds, and
obligates itself and its successors and assigns to maintain and keep in force such public
liability insurance at all times during the term of this Agreement and until the removal of
Tier II ROW Encroachment Agreement Page 4 of I 1
Standard
the Encroachment and restoration of the Public Property. All insurance coverage
required herein shall include coverage of all Licensee'.s contractors and subcontractors.
11.
Licensee agrees to deposit with the City when this Agreement is executed a
sufficient sum of money to be used to pay necessary fees to record this Agreement in the
real property records of the county in which the Encroachment is located. After being
recorded, the original shall be returned to the City Secretary of the City of Fort Worth.
12.
Licensee agrees to comply fully with all applicable federal, state, and local laws,
statutes, ordinances, codes, and regulations in connection with the construction,
operation, and maintenance of the Encroachment and use of the Public Property.
13.
Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for
by this Agreement or by any federal, state, or local statute, law, or regulation.
14.
Licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as an officer, agent,
servant, or employee of City, and Licensee shall have exclusive control of and the
exclusive right to control the details of its operations, and all persons performing same,
and shall be solely responsible f'or 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.
Tier Il ROVE' Encroachment Agreement Page 5 of I I
Standard
17.
The parties agree that the duties and obligations contained in Section 5 shall
survive the termination of this Agreement.
18.
Licensee covenants and agrees that it will not assign all or any of its rights,
privileges, or duties under this Agreement without the written approval of the City, and
any attempted assignment without such written approval shall be void. In the event
Licensee conveys the Property, Licensee may assign all of its rights and obligations under
this Agreement to the new owner of the Property, and Licensee shall be deemed released
from its duties and obligations hereunder upon City's approval in writing of such
assignment, which approval shall not be unreasonably conditioned or withheld.
Foreclosure by a secured lender of Licensee or assignment to a secured lender by
Licensee in the event of default or otherwise shall not require City approval provided that
said lender notifies City in writing within sixty (60) days of such foreclosure or
assignment and assumes all of Licensee's rights and obligations hereunder. However, no
change of ownership due to foreclosure or assignment to any secured lender of Licensee
shall be effective as to City unless and until written notice of such foreclosure or
assignment is provided to City.
19.
Prior to the end of the term of this Agreement, Licensee may submit a new
encroachment application to the City. The City will not unreasonably withhold or delay
approval of such application provided that the Encroachment follows the then current
City codes and compliance.
20.
Any cause of action for breach of this Agreement shall be brought in Tarrant
County, Texas. This Agreement shall be governed by the laws of the State of Texas.
21.
This Agreement shall be binding upon the parties hereto and their successors and
assigns.
22.
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument
(SIGNATURES APPEAR ON FOLLOWING PAGE]
Tier II ROW 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
By: Dalton Harrell (Aug 10, 2026 16:32:15 CDT)_
D. J. Harrell
Director, Development Services Department
08/10/2026
Date:
ATTEST:
Ao�F�",I °4
vg Vo
Q4Q4 nEnos�ao
V
Jannette Goodall,
City Secretary
Approved As To Form and Legality
Tayler Canton
Assistant City Attorney
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
jztj�)
Kandice Merrick
Contract Compliance Manager
Tier II ROW Encroachment Agreement
Standard
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 7 of I 1
Licensee:
Rush TA, LLC
a Texas limited liability company
By: AL
Name: Tim Rusher
Title: Managing Member
Date:
STATE OF �' §
COUNTY OF §
/ BEFORE ME, the undersigned authority, a Notary Public in and for the State of
,
/ 42 i� on this day personally appeared �j2 Fd&!'b.w,
(Title) known to me to be the person whose name is subscribed to
the foreg ing 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
16 , a iI_C' (entity type), and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
2026.
Notary Public in and for the
State of
Tier II ROW Encroachment Agreement
Standard
\\\�attunuuw�
2
�F0 ;
Page 8 of I 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 10th day of
August , 2026.
Notary Public in and for the State of Texas
Tier II ROW Encroachment Agreement
Standard
.Audrey Lee Wallace
My Cornmisslon EXPIFel
911012028
Notary ID135OB2586
Page 9 of I I
EXHIBIT A
Depiction and Description of the Encroachment
Tier II ROW Encroachment Agreement Page 10 of 1 1
Standard
SITE MAP
March 17, 2026 1:9,028
0 0.05 01 0.2 mi
Counties 1 , , - ,—'' 1—" , - , -
0 0.1 0.2 0.4 km
City of Adington. Tx, Tarrant County College. Esn, HERE, Garmin.
INCREMENT P, Intermap, NGA, USGS
M
f 6821 BAKER BLVD. STE. C FIELD: OR SITE ADDRESS:
RICHLAND HILLS, TX TECH: OR 10771 TUBE DRIVE SHEET
OFFICE: 817.616.3105 JOB NO.: 26030006 HURST, TEXAS 76053 1
EMAIL: info@tndtx.com
TARRANT COUNTY, TEXAS
PLAN & PROFILE
R.O.W. ENCROACHMENT #1
c 5/7 is X roc 110
PROPOSEco
5' CURB INLET =L I iJ
CT)RIM=548.50 9
NQ',IDOUBLE GATE 551sz tt� FL 24"=544.00 c 54757
pl 551. 76 NO 551.J5
0 30 6D 3 5% Nc x x SToc
�j
Feet S,
SCALE: 1 "=30' 557.77 52 x x �y
(6N
V
G
ANC �. 1
14 I
o ^
C554 .41
5X57.63
NO
ii l+� X*K7
x
STORM LINE "A" \
7725
57'43 L.F. 24"
I
ASEMENT
W
HOPE @ 2.44 % \
ENCROACHMENT #1
s`SQ
\
(SEE PN26-00059)
51.68
NO
551.79
NO
551.61
\ I
BC 51].JJ
?[
)K
NO
x
551.24
NO 55Q64
547.7 \
.O.W.
I
7OP x
Ga
c (ENC
HP
ss
SSA
OROACHMENT#1
J
J
1p
c sas.z0Vec
141zz
LiJ
57.64
551.72
1551.6
5
551. 59 .8696
6
J1(
NO
7
I
/
X
C 54 .
w I
x
SC 547.22
IONNECT
TO
EXISTING
2-10' CURB INLETS
RIM=546.70
I
PR. 24" RCP�42.60
1.82
rc
55/.56
NO
551.4
NO
N' �
EX. 24" RCP=542.40
BC 547.06
5A 00
%2 00
54800
15401)
500
LEGEND
EXISTING MINOR CONTOURS
EXISTING MAJOR CONTOURS
MINOR CONTOURS
MAJOR CONTOURS
SWALE
HIGH POINT
STORM PIPE
RETAINING WALL
DRAINAGE FLOW DIRECTION
CURB INLET
549
55G
—HP—HP—HP—MP—HP—
ix
TARRANT COUNTY, TEXAS
LOT IR-3B EXHIBIT A
BLOCK 4 RIGHT-OF-WAY ENCROACHMENT EXHIBI'
OWNER.
CCE HOLDINGS INC. 9Y{��
'
Doc. 1
3276849 BELL INDUSTRIAL DISTRICT I 1l2" IRF CM
D.R.T.C.T. C.T. CABINETA, SLIDE 12303 I ` 1-\
PRTCT
BELL INDUSTRIAL DISTRICT
CABINET A, SLIDE 12303
P. R. T. C. T.
LOT 1 R-3A
BLOCK 4
3.242 ACRES
141,233 SQ. FT.
OWNER:
RUSH TA LLC
INST. NO. D220161664
D.R.T.C.T.
LINE TABLE
LINE #
BEARING
DISTANCE
L1
NOO'16'51"W
7.51'
L2
S42'00'56"E
10.75'
L3
S00'42'20"E
7.57'
L4
N42'00'56"W
10.84'
NOTE:
1.) BEARINGS, COORDINATES AND
DISTANCES ARE BASED ON THE UNITED
STATES, NORTH AMERICAN DATUM OF 1983
(NAD83) EPOCH 2O11, TEXAS NORTH
CENTRAL ZONE (4202).
2.) THIS DOCUMENT DOES NOT IN ANY WAY
REPRESENT A "BOUNDARY SURVEY" AS
DEFINED BY T.A.C.
3.) THIS DOCUMENT IS BASED UPON AN ON
THE GROUND SURVEY PERFORMED DURING
MARCH, 2026. CERTIFICATION OF THIS
DOCUMENT IS ONLY TO THE LOCATION OF
THIS EASEMENT IN RELATION TO RECORDED
MONUMENTATION OF DEEDS PROVIDED BY
THE CLIENT.
N 00'16'51" W
95.33'(TIE)
L1-
POINT OF BEGINNING
R.O. W.
ENCROACHMENT
N: 6,981,243.22'
E: 2,387,537.36'
Y
20' P.O.S.E EASEMENT
CAB. A SLIDE 3958
_P.R.T.C.T. J
3
ILL
q
F—
C�
FUTILITY EASEMENT
CAB. A SLIDE 3958
P.R.T.C.T.
L4
w
c, U
z
N W
W m
LL
�O V)
mm
oQ
mm
L3
/2" IRF C
TUBE DRIVE
( 60' RIGHT—OF—WAY )
I HEREBY DO CERTIFY THAT THIS EXHIBIT WAS MADE FROM A
SURVEY ON THE UROUND ON THIS DAY MARCH 17, 2026 UNDER MY
SUPERVISION AND SHOWS ALL VISIBLE AND APPARENT
EASEMENTS. ENCROACHMENTS AND PROTRUSIONS.
--' {�� 04-10-2026
Registered Prof. Land Surveyor Sign Date
Texas Registration No. 5647
S
0 30 60
Feet
SCALE: 1"=30'
RIGHT-OF-WAY
ENCROACHMENT
54 SQ. FT.
BELL INDUSTRIAL
DISTRICT
VOLUME 388-134. PAGE 42
PRICT
LOT 8—A
BLOCK 3
OWNER.
EULESS INDUSTRIAL LLC
DOC. NO. D222176787
D.R.T.C.T.
LEGEND
M IRF = IRON ROD FOUND
• = POINT FOR CORNER
= SUBJECT PROPERTY LINE
ADJOINING PROPERTY LINE
�� OFepTF
0
0
�o$00000000000000000000000
AVID CARLTON LEWIS
-eooeeooV.
o_ 564e
Su
D.R.T.C.T. = DEED RECORDS, TARRANT
COUNTY, TEXAS
P.R.T.C.T. = PLAT RECORDS, TARRANT
COUNTY, TEXAS
CM = CONTROL MONUMENT
BEING A 54 SQUARE FEET TRACT OF LAND
OUT OF THE W.W. ANDERSON, ABSTRACT
NUMBER 22, AND BEING IN THE
RIGHT—OF—WAY (R.O.W.) OF BELL DRIVE (60-
RIGHT—OF—WAY)
_ r t V %'.� . t.6821 BAKER BLVD. STE. C IFIELD: 'MP SITE ADDRESS:
RICHLAND HILLS, TX SHEET
OFFICE: 817.616.3105 TECH: IC 10771 TUBE DRIVE
JOB NO.: 26030006 HURST, TEXAS 76053 1 OF 2
EMAIL: info@tndtx.ccm
TARRANT COUNTY, TEXAS
EXHIBIT A
RIGHT-OF-WAY ENCROACHMENT LEGAL DESCRIPTION
54 SQUARE FEET
Being a 54 square feet tract of land out of the W.W. Anderson, Abstract Number 22,
and being in the right—of—way (R.O.W.) of Bell Drive (60' right—of—way) and being more
particularly described by metes and bounds as follows:
BEGINNING at a calculated point for corner, said point having a Northing value of
6,981,243.22' and an Easting value of 2,387,537.36', being in the west R.O.W. line of
said Bell Drive, and same being in the east line of a tract of land described by deed to
RUSH TA LCC, according to document as recorded Under Document Number D220161664,
Official Public Records, Tarrant County, Texas, also known as Lot 1 R-3A, Block 4 of Bell
Industrial District, according to the replat as recorded under Cabinet A, Slide 12303, Plat
Records, Tarrant County, Texas, for the northwest corner of the herein described
Easement, from which a 1/2—inch iron rod found for the northeast corner of said Lot
1R-3A, bears North 00 degrees 16 minutes 51 seconds West, a distance of 95.33 feet
for reference and a 1/2—inch iron rod found for the southeast corner of said Lot
1R-3A, bears South 00 degrees 16 minutes 51 seconds East, a distance 261.59 feet for
reference;
THENCE inside the
R.O.W. of said
Bell Drive the following courses and distances:
North 00
degrees
16 minutes
51
seconds West, a distance of 7.51 feet to a point for
corner;
South 42
degrees
00 minutes
56
seconds East, a distance of 10.75 feet to a point for
corner;
South 00
degrees
42 minutes
20
seconds East, a distance of 7.57 feet to a point for
corner, in
the west
R.O.W. line
of
said Bell Drive;
North 42 degrees
00 minutes
56 seconds West, a distance of 10.84 feet
along the west
R.O.W. line of said
Bell Drive
to the POINT OF BEGINNING, in all enclosing
approximately
54 square feet of
land, more
or less.
I HEREBY DO CERTIFY THAT THIS EXHIBIT WAS MADE FROM A
SURVEY ON THE GROUND ON THIS DAY MARCH 17, 2026 UNDER MY
SUPERVISION AND SHOWS ALL VISIBLE AND APPARENT
EASEMENTS, ENCROACHMENTS AND PROTRUSIONS.
04-10-2026
Registered Prof. Land Surveyor Sign
Texas Registration No. 5647
000a0o oo, of L��f�
0
�o$00000000000000000000000
AVID CARLTON LEWIS
)ou000000cuuococcoocooppoo
4;6
6821 BAKER BHILLVD ST X C FIELD: MP SITE ADDRESS: SHEET
RICHLAND HILLS, TX
OFFICE: 817.616,31.05 TECH: IC 10771 TUBE DRIVE 2 OF 2
EMAIL: info@tndtx.com JOB NO.: 26030006 HURST, TEXAS 76053
W
0 0 60
Feet
SCALE: 1 "= 30'
TARRANT COUNTY, TEXAS
PLAN & PROFILE
R.O.W. ENCROACHMENT #2
5O
N
n\ i G
9.55 48.
G 54
7
G , NO
IV
12'
9.2
3% cn .rru
4 M
U
LEGEND
4,tIDETENTIO
POND ^
I
4„
I
549.11
OB
%I�45.66
TM
SEMENT
12'
0 45ENCROACHMENT #2
s4aso��g
NGx `y
^
(SEE PN26-00059)
I
-PROPOSED
/ R0W.
/ ENCROACHMENT#2.
Lu
2�
/ HEADWALL
FL 27'=54028
ONNECT TO EXISTING
01
547
547.51 5 Q
I NZ }
—540
547.05
Ic 545.86
2-10' CURB INLETS
Q
ire 1 J
4545.1
RIM=545.32
RIPJIKP
PR. 3T RCP=539.70
J
'RAP
5 482
EX. 24' RCP=539.70
J
544.60
co
STORM LINED'
21 L.F. 30"
9 ec 545.49
G 5RCP @ 1.00Y. 544.57
ec ss-4j
os a
. ROPOSED OUTFALL
G`CONTROLSTRUCTURE
TOP=548.00
3-13'03" OPENINGS FL (IN)=539.91
$45.61-30" OUTFALL FL (OUT)�39.91
54 J2
514. s �c
a t0 20 30
EM
SCALE: 1"=10'
EXISTING MINOR CONTOURS
5,49
EXISTING MAJOR CONTOURS
550
MINOR CONTOURS
549
MAJOR CONTOURS
550
SWALE
— — —
HIGH POINT
—Ha—ea—Nc—Hv—r,a—
STORM PIPE
RETAINING WALL
DRAINAGE FLOW DIRECTION
OUTLET STRUCTURE
13
CONCRETE HEADWALL
�s
RIP RAP
40
so I
6821 BAKER BLVD. STE. C FIELD: OR SITE ADDRESS:
OFFICE:RICHL81 HILLS, TX TECH: OR 10771 TUBE DRIVE SHEEP
PROFESSIOW�OFFICE: 817.616.3105 JOB NO.: 26030006 HURST, TEXAS 76053 6
EMAIL: infotndtx.com
TARRANT COUNTY, TEXAS
EXHIBIT A
RIGHT-OF-WAY ENCROACHMENT EXHIBI'
BELL INDUSTRIAL DISTRICT
CA8INETA, SLIDE 12303
PRTCi
LOT IR-3B
BLOCK 4
OWNER:
CCE HOLDINGS INC.
DOC. NO. D213279849
D.R.T.C.T.
BELL INDUSTRIAL
DISTRICT
CABINET A, SLIDE 12303
P. R. T. C. T.
OWNER:
RUSH TA LLC
INST. NO. D220161664
D.R.T.C.T.
LOT 1R-3A
BLOCK 4
3.242 ACRES
141,233 SQ. FT.
LINE TABLE
LINE #
BEARING
DISTANCE
L1
N89'43'09"E
7.41'
L2
S00'11'05"W
5.00'
L3
S89'43'09"W
7.37'
L4
N00'16'51 "W
5.00'
NOTE:
1.) BEARINGS, COORDINATES AND DISTANCES
ARE BASED ON THE UNITED STATES, NORTH
AMERICAN DATUM OF 1983 (NAD83) EPOCH
2011, TEXAS NORTH CENTRAL ZONE (4202).
2.) THIS DOCUMENT DOES NOT IN ANY WAY
REPRESENT A "BOUNDARY SURVEY" AS
DEFINED BY T.A.C.
3.) THIS DOCUMENT IS BASED UPON AN ON
THE GROUND SURVEY PERFORMED DURING
MARCH, 2026. CERTIFICATION OF THIS
DOCUMENT IS ONLY TO THE LOCATION OF
THIS EASEMENT IN RELATION TO RECORDED
MONUMENTATION OF DEEDS PROVIDED BY
THE CLIENT.
5' UTILITY EASEMENT
CAB. A SLIDE 3958
P.R.T.C.T.
POINT OF BEGINNING
R.O.W.
ENCROACHMENT
N: 6,981,009.13'
E: 2,387,538.51'
S 00'i6'51" E L4-T
27.50- (TIE) I '
20' P.O.S.E. EASEMENT /
CAB. A SLIDE 3958
P.R.T.C.T.
1 112" IRF CM
W
z
of z
3 m
LL
p O
Ln
0 1n
0
Zm
m
Z
S
0 30 60
Feet
SCALE: 1 "=30'
L2
RIGHT-OF-WAY
L3 ENCROACHMENT
37 SQ. FT.
1/2" IRF CM
TUBE DRIVE
( 6 0' RIGHT— OF —WAY )
I HEREBY DO CERTIFY THAT THIS EXHIBIT WAS MADE FROM A
SURVEY ON THE GROUND ON THIS DAY MARCH 17, 2026 UNDER MY
SUPERVISION AND SHOWS ALL VISIBLE AND APPARENT
EASEMENTS, ENCROACHMENTS AND PROTRUSIONS.
—(�r 04-10-2026
Registered Prof. Land Surveyor Sign Date
Texas Registration No. 5647
BELL INDUSTRIAL
DISTRICT
VOLUME 388-134. PAGE 42
a RTCT
LOT B—A
BLOCK 3
OWNER
EULESS INDUSTRIAL LLC
DOC. NO. D222176787
MR.T.C.T.
20' P.O.S.E. EASEMENT
VOL. 388-134, PG. 42
\ P.R.T.C.T.
LEGEND
IRF = IRON ROD FOUND
• = POINT FOR CORNER
= SUBJECT PROPERTY LINE
= ADJOINING PROPERTY LINE
D.R.T.C.T. = DEED RECORDS, TARRANT
COUNTY, TEXAS
P.R.T.C.T. = PLAT RECORDS, TARRANT
�E,0F,oTF
COUNTY, TEXAS
CM = CONTROL MONUMENT
000%
0
>000800000000000000000000000
DAVID CARLTON LEWIS
>o o—oo00 oo00oc o—coolp—
o 0 5647 --,/e
BEING A 37 SQUARE FEET TRACT OF LAND
OUT OF THE W.W. ANDERSON, ABSTRACT
NUMBER 22, AND BEING IN THE
RIGHT—OF—WAY (R.O.W.) OF BELL DRIVE (60'
RIGHT—OF—WAY)
y 6821 BAKER BLVD. STE. C FIELD: MP SITE ADDRESS:
it RICHLAND HILLS, TX TECH: IC 10771 TUBE DRIVE SHEET
PROFESSIONAL LAND SURVEYING Flk:OFFICE: 817.616.3105 JOB NO.: 26030006 HURST, TEXAS 76053 1 OF 2
EMAIL: info@tndtx.com
EXHIBIT A
RIGHT-OF-WAY ENCROACHMENT LEGAL DESCRIPTION
37 SQUARE FEET
Being a 37 square feet tract of land out of the W.W. Anderson, Abstract Number 22,
and being in the right—of—way (R.O.W.) of Bell Drive (60' right—of—way) and being more
particularly described by metes and bounds as follows:
BEGINNING at a calculated point for corner, said point having a Northing value of
6,981,009.13' and an Easting value of 2,387,538.51', being in the west R.O.W. line of said
Bell Drive, and some being in the east line of a tract of land described by deed to
RUSH TA LCC, according to document as recorded under Document Number D220161664,
Official Public Records, Tarrant County, Texas, also known as Lot 1R-3A, Block 4 of Bell
Industrial District, according to the replat as recorded under Cabinet A, Slide 12303, Plat
Records, Tarrant County, Texas, for the northwest corner of the herein described
Easement, from which a 1/2—inch iron rod found for the northeast corner of said Lot
1R-3A, bears North 00 degrees 16 minutes 51 seconds West, a distance of 329.43 feet
for reference and a 1/2—inch iron rod found for the southeast corner of said Lot
1R-3A, bears South 00 degrees 16 minutes 51 seconds East, a distance 27.53 feet for
reference;
THENCE inside the
R.O.W. of said
Bell Drive the following courses and distances:
North 89
degrees
43 minutes
09
seconds
East, a distance
of 7.41 feet to a point for
corner;
South 00
degrees
11 minutes
05
seconds
West, a distance
of 5.00 feet to a point for
corn er;
South 89
degrees
43 minutes
09
seconds
West, a distance
of 7.37 feet to a point for
corner, in
the west
R.O.W. line
of
said Bell
Drive;
North 00 degrees 16 minutes 51 seconds West, along the west R.O.W. line of said Bell
Drive, a distance of 5.00 feet to the POINT OF BEGINNING, in all enclosing approximately
37 square feet of land, more or less.
i HEREBY DO CERTIFY THAT THIS EXHIBIT WAS MADE FROM A
SURVEY ON THE GROUND ON THIS DAY MARCH 17, 2026 UNDER MY
SUPERVISION AND SHOWS ALL VISIBLE AND APPARENT
EASEMENTS, ENCROACHMENTS AND PROTRUSIONS.
- 4q�e? 04-10-2026
Registered Prof. Land Surveyor Sign Date
Texas Registration No. 5647
0
0
oogoo 000000000000000°0
DAVID °CARLTON LEWIS
°°°°°°°o°o°oo°oo°°o°oo yoo
o ,o 5647
1 . 6821 BAKER BLVD. STE. C
RICHLAND HILLS, TX FIELD: MP SITE ADDRESS: SHEET
PROFESSIONALlptlfim OFFICE: 817.616.3105 TECH: IC 10771 TUBE DRIVE Z �F Z
EMAIL: info@tndtx.com JOB NO.: 26030006 HURST, TEXAS 76053
1 ► •
EXHIBIT B
Certificate of Insurance
Tier II ROW Encroachment Agreement Page 11 of 1 1
Standard
FORT WORTH.
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: Rush TA, LLC
Subject of the Agreement:
Right of Way Encroachment needed for new construction
M&C Approved by the Council? * Yes ❑ No 0
If so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes ❑ No ❑✓
If so, provide the original contract number and the amendment number.
Is the Contract "Permanent"? *Yes ❑ No 0
If unsure, see back page for permanent contract listing.
Is this entire contract Confidential? *Yes ❑ No ❑✓ If only specific information is
Confidential, please list what information is Confidential and the page it is located.
Effective Date: Date of Director's signing
If different from the approval date.
Expiration Date:
30 yrs from Director date of signing
If applicable.
Is a 1295 Form required? * Yes ❑ No 0
*If so, please ensure it is attached to the approving M&C or attached to the contract.
Project Number: If applicable. PN26-00058
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes ❑✓ No ❑
Contracts need to be routed for CSO processing in the 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.