HomeMy WebLinkAbout065648 - General - Contract - EDC Fort Worth LLCDate Received: 8/12/2026 Record Number: PN26-00041
Time Received:
8:45 a.m.
City Secretary No.: 65648
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
TIER II
THIS AGREEMENT is made and entered into by and between THE CITY OF
FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"),
acting by and through its duly authorized City Manager, Assistant City Manager, or
Director of the Development Services Department, and EDC Fort Worth LLC, a
Delaware limited liability company ("Licensee"), acting by and through its duly
authorized representative.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 9999 Chapin
School Road, Fort Worth, Texas 76126 ("Property"), being more particularly described
as, being a 0.0112 acre tract of land (Tract 1), a 0.0142 acre tract of land (Tract 2), a
0.0055 acre tract of land (Tract 3), a 0.0054 acre tract of land (Tract 4), a 0.0054 acre
tract of land (Tract 5), a 0.0140 acre tract of land (Tract 6), a 0.0066 acre tract of land
(Tract 7), a 0.0040 acre tract of land (Tract 8), a 0.0046 acre tract of land (Tract 9), a
0.0108 acre tract of land (Tract 10), a 0.0034 acre tract of land (Tract 11), a 0.0178 acre
tract of land (Tract 12) situated in the G.H & H.R. RR CO Survey, Abstract No. 623, City
of Fort Worth, Tarrant County, Texas, as recorded in Deed Records, by Instrument
Number D225126492; and
WHEREAS, the City owns a water easement and sewer easement (the "Public
Property") adjacent to the Property, dedicated by plat, depicted on the final plat of the
property (FP-25-063), which plat is recorded in the plat records of Tarrant County as
Instrument D226130712; 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
CITY SECRETARY
FT. WORTH, TX
Tier II Easement Encroachment Agreement Page 1 of 12
Revised 12/2022
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,
installing, and maintaining private telecom ducts, private electrical ducts, a private
sanitary sewer line, and private storm pipes, (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.
r"A
Licensee agrees that City may enter and utilize the Public Property at any time for
any public purpose, including installing, repairing, replacing, or maintaining
Tier II Easement Encroachment Agreement Page 2 of 12
Revised 12/2022
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
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
Tier II Easement Encroachment Agreement Page 3 of 12
Revised 12/2022
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.
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
Tier II Easement Encroachment Agreement Page 4 of 12
Revised t2/2022
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.
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.
Tier II Easement Encroachment Agreement Page 5 of 12
Revised t2/2022
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.
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.
Tier II Easement Encroachment Agreement Page 6 of 12
Revised 12/2022
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 7 of 12
Revised t2/2022
EXECUTED to be effective on the date signed by the City's Director of
Development Services Department
City:
CITY OF FORT WORTH
Dalton Harrel (Aug 10, 2026 16:32:41 CDT)
By:
D. J. Harrell
Director, Development Services Department
Date: 08/10/2026
p'O4c4`'�RInIl`ii
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ATTEST: o� os"=;
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Jannette Goodall,
City Secretary
Approved As To Fonn 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.
Kandice Merrick
Contract Compliance Manager
Tier II Easement Encroachment Agreement
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 8 of 12
Revised 12/2022
Licensee:
EDC Fort Worth LLC,
a Delaware limited liability company
01
By: EDC Land HoldCo LLC
a Delware limited liabiliV-pmpany
John Callahan
Title: Executive Vice President
Date: /i 6
STATE OF �(.L 5
COUNTY OFI I, S
0
2
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
X� 5 on this day personally appeared —Tok,
Xec ra, y,�a '?rns';deo0Title) 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
a
therein stated.
(entity type), and in the capacity
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
J 1 •� , 2026.
Notary ublic in and for the
State of 2� Xk S
WRAP DOUGLAS BROWN III
•.....:�
�• "-
My Notary ID # 11178511
mil' • •+'•` Expires July 12, 2029
P a F S
Tier II Easement Encroachment Agreement Page 9 of 12
Revised 12/2022
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 1Oth day of
August , 2026.
Notary Public in and for the State of Texas
s
Atidray Lae Wallace
Mk commisi lon EXP11.ee
} v 9110120'2
Notary ID 1350B2586
Tier II Easement Encroachment Agreement Page 10 of 12
Revised 12/2022
EXHIBIT A
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement Page 11 of 12
Revised 12/2022
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LEGAL DESCRIPTION
ENCROACHMENT AREAS
BEING a 0.0112 acre (487 square foot) tract of land (Tract 1), a 0.0142 acre (620 square foot) tract of land (Tract 2), a 0.0055
acre (240 square foot) tract of land (Tract 3), a 0.0054 acre (235 square foot) tract of land (Tract 4), a 0.0054 acre (235 square
foot) tract of land (Tract 5), a 0.0140 acre (612 square foot) tract of land (Tract 6), a 0.0066 acre (286 square foot) tract of land
(Tract 7), a 0.0040 acre (173 square foot) tract of land (Tract 8), a 0.0046 acre (203 square foot) tract of land (Tract 9), a 0.0108
acre (473 square foot) tract of land (Tract 10), a 0.0034 acre (150 square foot) tract of land (Tract 11), a 0.0178 acre (775
square foot) tract of land (Tract 12) situated in the G H & H R RR CO Survey, Abstract No. 623, City of Fort Worth, Tarrant
County, Texas; said tracts being a portion of the tract of land described in Special Warranty Deed to EDC FORT WORTH LLC
recorded in Instrument No. D225126492 of the Official Public Records of Tarrant County, Texas; said tracts also being a portion
of Lots 2 & 3, Block 1, Edged Addition, an addition to the City of Fort Worth according to the plat recorded in Instrument No.
D226130712 of said Official Public Records; said tracts being more particularly described as follows:
TRACT 1
COMMENCING at a brass disk found stamped "TXDOT" found for corner in the north line of said EDC FORT WORTH LLC tract
and the south right-of-way line of Interstate Highway 20 (a variable width right-of-way);
THENCE North 82°02'00" East, a distance of 228.22 feet to the POINT OF BEGINNING;
THENCE North 65°18'28" East, a distance of 21.21 feet to a point for corner;
THENCE South 69°41'32" East, a distance of 9.04 feet to a point for corner;
THENCE South 24°41'32" East, a distance of 22.11 feet to a point for corner;
THENCE South 65'18'28" West, a distance of 15.00 feet to a point for corner;
THENCE North 24°41'32" West, a distance of 15.89 feet to a point for corner;
THENCE North 69°41'32" West, a distance of 17.83 feet to the POINT OF BEGINNING and containing 487 square feet or
0.0112 acres of land, more or less.
TRACT 2
COMMENCING at the south corner of the above -described Tract 1;
THENCE South 24°41'32" East, a distance of 104.56 feet to the POINT OF BEGINNING;
THENCE South 69°41'32" East, a distance of 21.21 feet to a point for corner;
THENCE South 24°41'32" East, a distance of 41.31 feet to a point for corner;
ENCROACHMENT AREAS
THENCE North 69°41'32" West, a distance of 21.21 feet to a point for corner;
LOTS 2 & 3, BLOCK 1,
EDGED ADDITION,
THENCE North 24°41'32" West, a distance of 41.31 feet to the
G H & H R RR CO SURVEY,
POINT OF BEGINNING and containing 620 square feet
ABSTRACT No. 623,
or 0.0142 acres of land, more or less.
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
LEGAL DESCRIPTION
ENCROACHMENT AREAS
TRACT 3
COMMENCING at the southeast corner of the above -described Tract 2;
THENCE South 24°41'32" East, a distance of 88.29 feet to the POINT OF BEGINNING;
THENCE South 24°41'32" East, a distance of 16.00 feet to a point for corner;
THENCE South 65'18'28" West, a distance of 15.00 feet to a point for corner;
THENCE North 24°41'32" West, a distance of 16.00 feet to a point for corner;
THENCE North 65°18'28" East, a distance of 15.00 feet to the POINT OF BEGINNING and containing 240 square feet or
0.0055 acres of land, more or less.
TRACT 4
COMMENCING at the east corner of the above -described Tract 3;
THENCE South 24°41'32" East, a distance of 142.18 feet to the POINT OF BEGINNING;
THENCE South 24°41'32" East, a distance of 15.67 feet to a point for corner;
THENCE South 65'18'28" West, a distance of 15.00 feet to a point for corner;
THENCE North 24°41'32" West, a distance of 15.67 feet to a point for corner;
THENCE North 65°18'28" East, a distance of 15.00 feet to the POINT OF BEGINNING and containing 235 square feet or
0.0054 acres of land, more or less.
TRACT 5
COMMENCING at the east corner of the above -described Tract 4;
THENCE South 24°41'32" West, a distance of 148.33 feet to the POINT OF BEGINNING;
THENCE South 24°41'32" East, a distance of 15.67 feet to a point for corner;
THENCE South 65°18'28" West, a distance of 15.00 feet to a point for corner;
THENCE North 24°41'32" West, a distance of 15.67 feet to a point for corner; ENCROACHMENT AREAS
LOTS 2 & 3, BLOCK 1,
THENCE North 65'18'28" East, a distance of 15.00 feet to the EDGED ADDITION,
POINT OF BEGINNING and containing 235 square feet or G H & H R RR CO SURVEY,
0.0054 acres of land, more or less. ABSTRACT NO. 623,
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
LEGAL DESCRIPTION
ENCROACHMENT AREAS
TRACT 6
COMMENCING at the east corner of the above -described Tract 5;
THENCE South 28°02'02" West, a distance of 474.62 feet to the POINT OF BEGINNING;
THENCE South 69°41'32" East, a distance of 40.78 feet to a point for corner;
THENCE South 24°41'32" East, a distance of 21.21 feet to a point for corner;
THENCE North 69°41'23" West, a distance of 40.78 feet to a point for corner;
THENCE North 24°41'32" West, a distance of 21.21 feet to the POINT OF BEGINNING and containing 612 square feet or
0.0140 acres of land, more or less.
TRACT 7
COMMENCING at the northeast corner of the above -described Tract 6;
THENCE South 69°41'32" East, a distance of 18.74 feet to the POINT OF BEGINNING;
THENCE South 69°41'32" East, a distance of 19.09 feet to a point for corner;
THENCE South 24°41'32" East, a distance of 21.21 feet to a point for corner;
THENCE North 69°41'32" West, a distance of 19.09 feet to a point for corner;
THENCE North 24°41'32" West, a distance of 21.21 feet to the POINT OF BEGINNING and containing 286 square feet or
0.0066 acres of land, more or less.
TRACT 8
COMMENCING at the southeast corner of the above -described Tract 7;
THENCE South 09°01'53" East, a distance of 388.97 feet to the POINT OF BEGINNING;
THENCE South 24°41'32" East, a distance of 15.00 feet to a point for corner;
THENCE South 65'18'28" West, a distance of 11.50 feet to a point for corner;
THENCE North 24°41'32" West, a distance of 15.00 feet to a point for corner; ENCROACHMENT AREAS
LOTS 2 & 3, BLOCK 1,
THENCE North 65'18'28" East, a distance of 11.50 feet to the EDGED ADDITION,
POINT OF BEGINNING and containing 173 square feet G H & H R RR CO SURVEY,
or 0.0040 acres of land, more or less. ABSTRACT NO. 623,
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
LEGAL DESCRIPTION
ENCROACHMENT AREAS
Jj:LT0jIs]
COMMENCING at the south corner of the above -described Tract 8;
THENCE South 65°18'28" West, a distance of 23.35 feet to the POINT OF BEGINNING;
THENCE South 65'18'28" West, a distance of 13.50 feet to a point for corner;
THENCE North 24°41'32" West, a distance of 15.00 feet to a point for corner;
THENCE North 65°18'28" East, a distance of 13.50 feet to a point for corner;
THENCE South 24°41'32" East, a distance of 15.00 feet to the POINT OF BEGINNING and containing 203 square feet or
0.0046 acres of land, more or less.
TRACT 10
COMMENCING at the south corner of the above -described Tract 9;
THENCE South 65°18'28" West, a distance of 98.76 feet to the POINT OF BEGINNING;
THENCE South 65'18'28" West, a distance of 31.50 feet to a point for corner
THENCE North 24°41'32" West, a distance of 15.00 feet to a point for corner;
THENCE North 65'18'28" East, a distance of 31.50 feet to a point for corner;
THENCE South 24°41'32" East, a distance of 15.00 feet to the POINT OF BEGINNING and containing 473 square feet or
0.0108 acres of land, more or less.
TRACT 11
COMMENCING at the south corner of the above -described Tract 10;
THENCE South 65°18'28" West, a distance of 275.90 feet to the POINT OF BEGINNING;
THENCE South 65'18'28" West, a distance of 10.00 feet to a point for corner;
THENCE North 24°41'32" West, a distance of 15.00 feet to a point for corner;
THENCE North 65'18'28" East, a distance of 10.00 feet to a point for corner; ENCROACHMENT AREAS
LOTS 2 & 3, BLOCK 1,
THENCE South 24°41'32" East, a distance of 15.00 feet to the EDGED ADDITION,
POINT OF BEGINNING and containing 150 square feet G H & H R RR CO SURVEY,
or 0.0034 acres of land, more or less. ABSTRACT No. 623,
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
LEGAL DESCRIPTION
ENCROACHMENT AREAS
TRACT 12
COMMENCING at the south corner of the above -described Tract 11;
THENCE South 66°51'47" East, a distance of 422.13 feet to the POINT OF BEGINNING;
THENCE South 65°18'28" West, a distance of 50.00 feet to a point for corner from which a 5/8-inch iron rod with cap stamped
"GORRONDONA & ASSOC, INC." found for corner in the south line of said EDC FORT WORTH LLC tract bears South
33°03'0Y West, a distance of 564.25 feet;
THENCE North 24°41'32" West, a distance of 15.50 feet to a point for corner;
THENCE North 65°18'28" East, a distance of 50.00 feet to a point for corner;
THENCE South 24°41'32" East, a distance of 15.50 feet to the POINT OF BEGINNING and containing 775 square feet or
0.0178 acres of land, more or less.
NOTFS
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), Texas North Central Zone
(4202). A survey plat of even survey date herewith accompanies this metes and bounds description.
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately
sets out the metes and bounds of the encroachment tracts.
ENCROACHMENT AREAS
LOTS 2 & 3, BLOCK 1,
EDGED ADDITION,
G H & H R RR CO SURVEY,
•O �.l
`•c.
,�P.•�� RF
ABSTRACT No. 623,
MICHAEL CLEO BILLINGSLEY
�;'•� :.N
CITY OF FORT WORTH,
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 6558
•••••••• ..............
MICHAEL CLEO BILLINGSLEY
TARRANT COUNTY, TEXAS
801 CHERRY STREET, ••'••'•�•'••'••••'••••••'
UNIT 11 SUITE 1300 9•.°pes s�°?
FORT WORTH, TEXAS 76102 ��••SURv�
PH. 817-335-6511
michael.billingsley@kimley-horn.com
I FrFNIn
P.O.C. = POINT OF COMMENCING
P.O.B. = POINT OF BEGINNING
BDF = BRASS DISK FOUND
IRFC = 5/8" IRON ROD WITH CAP
STAMPED "GORRONDONA & ASSOC, INC" H1GHwp,S 20 /
PTO. C . INTERS TAT PUBLIC RIGHT -OF
WAYS i
BDF "TXDOT" _ , �? �w TRACT 1
2 0.0112 ACRES
s
� �N82°02'00"i_228.2�
L6 487 SQ. FT.
/ P.O.B. N P.O.C.
/ A�
a
� (TRACT 2)
LINE TABLE
NO.
BEARING
LENGTH
L1
N65°18'28"E
21.21'
L2
S69°41'32"E
9.04'
L3
S24°41'32"E
22.11'
L4
S65°18'28"W
15.00,
L5
N24°41'32"W
15.89'
L6
N69°41'32"W
17.83'
L7
S69041'32"E
21.21'
L8
S24°41'32"E
41.31'
L9
N69°41'32"W
21.21'
L10
N24°41'32"W
41.31'
L11
S24°41'32"E
16.00,
L12
S65018'28"W
15.00'
L13
N24°41'32"W
16.00'
L14
N65018'28"E
15.00'
L15
S24°41'32"E
15.67'
L16
S65°18'28"W
15.00,
L17
N24°41'32"W
15.67'
L18
N65°18'28"E
15.00'
NOTES
(TRACT 1) p\� TRACT 2
�\ 0.0142 ACRES
P.O.B.
(TRACT 2)
620 SLY FT.
_ P.O.C.
(TRACT 3)
NORTH
0 50 100
GRAPHIC SCALE IN FEET
N
15' WATER EASEMENT n,
(INST. NO. D226130712) mow\ P.O.B.
\� a.
t� (TRACT 3)
TRACT 3 `
0.0055 ACRES co
240 SQ. FT. `' z�, P.O.C.
\ \ LOT 3, BLOCK 1 (TRACT 4)
(INST. NO. D226130712) \\Nap
�a= P.O.B.
EDC FORT WORTH LLC \
(TRACT4)
(INST. NO. D225126492) TRACT 4
0.0054 ACRES
235 SQ. FT. P.O.C.
\ \(,P (TRACT5)
m
SEE SHEET 7
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), Texas North Central Zone
(4202). A metes and bounds description of even survey date herewith accompanies this survey plat.
The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey plat accurately sets out
the metes and bounds of the encroachment tracts.
MICHAEL CLEO BILLINGSLEY
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 6558 (i
801 CHERRY STREET,
UNIT 11 SUITE 1300
FORT WORTH, TEXAS 76102
PH. 817-335-6511
michael.billingsley@kimley-horn.com
MICHAEL CLEO BILLINGSLEY
6558
�9i11_ E s s � 0,20
ENCROACHMENT AREAS
LOTS 2 & 3, BLOCK 1,
EDGED ADDITION,
G H & H R RR CO SURVEY,
ABSTRACT No. 623,
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
SEE SHEET 6
P.O.B.
S24°41'32"E� (TRACT5)
148.33'
10
a2, P.O.C.
(TRACT 6)
TRACT 5
0.0054 ACRES \\
235 SQ. FT. \\
LOT 3, BLOCK 1
(INST. NO. D226130712)
15' WATER EASEMENT
(INST. NO. D226130712) \ EDC FORT WORTH LLC
\\ ` (INST. NO. D225126492)
LINE TABLE
NO.
BEARING
LENGTH
L19
S24°41'32"E
15.67'
L20
S65°18'28"W
15.00'
L21
N24°41'32"W
15.67'
L22
N65°18'28"E
15.00'
L23
S69041'32"E
40.78'
L24
S24041'32"E
21.21'
L25
N69°41'32"W
40.78'
L26
N24°41'32"W
21.21'
L27
S69°41'32"E
19.09,
L28
S24°41'32"E
21.21'
L29
N69°41'32"W
19.09'
L30
N24°41'32"W
21.21'
LEGEND
P.O.C. = POINT OF COMMENCING
P.O.B. = POINT OF BEGINNING
BDF = BRASS DISK FOUND
IRFC = 5/8" IRON ROD WITH CAP
STAMPED "GORRONDONA & ASSOC, INC"
\ Ns
�o
�? o
P.O.B.
(TRACT 6)
NORTH
0 50 100
GRAPHIC SCALE IN FEET
P.O.C.
(TRACT 7)
r S69°41'32"E
18.74'
L24 P.O.B.
, L27 (TRACT 7)
TRACT 6--- s�7 ��c
0.0140 ACRES L30 s
612 SQ. FT. P.O.C.
TRACT 7 (TRACT 8)
0.0066 ACRES Wy(n
286 SQ. FT.
m
SEE SHEET 8
ENCROACHMENT AREAS
LOTS 2 & 3, BLOCK 1,
EDGED ADDITION,
G H & H R RR CO SURVEY,
ABSTRACT No. 623,
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
LINE TABLE
NO.
BEARING
LENGTH
L31
S24°41'32"E
15.00'
L32
S65°18'28"W
11.50'
L33
N24041'32"W
15.00'
L34
N65°18'28"E
11.50'
L35
S65°18'28"W
13.50'
L36
N24°41'32"W
15.00'
L37
N65°18'28"E
13.50'
L38
S24'41'32"E
15.00'
L39
S65°18'28"W
31.50'
L40
N24°41'32"W
15.00'
L41
N65°18'28"E
31.50'
L42
S24°41'32"E
15.00'
L43
S65018'28"W
10.00'
L44
N24°41'32"W
15.00'
L45
N65-18'28"E
10.00'
L46
S24-41'32"E
15.00'
51
W
al /�
P.O.C.
Lu (TRACT 12)
W
W
U0
SEE SHEET 7
� � I♦ �
NORTH
0 50 100
I�
� o
GRAPHIC SCALE IN FEET
LOT 3, BLOCK 1
(INST. NO. D226130712) m /
EDC FORT W TH LLC
(INST. NO. D225126492)
TRACT 8 /
0.0040 ACRES P.O.B.
173 SQ. FT. (TRACT 8)
i/
TRACT 9
0.0046 ACRES��3�
TRACT 10 203 SQ. FT. / ��, £� L32
/a28�'i P.O.C.
0.0108 ACRES Al �- g65�y (TRACT9)
473 SQ. FT. S65'18'28"W
P.O.C.
2
(TRACT 10) P.O.B.
/ P.O.B. (TRACT 9)
182aV� /P.O.C. (TRACT 10)
/j 1159 (TRACT 11)
15' WATER EASEMENT
(INST. NO. D226130712)
ni P.O.B.
(TRACT 11)
TRACT 11
0.0034 ACRES
150 SQ. FT.
ENCROACHMENT AREAS
LOTS 2 & 3, BLOCK 1,
EDGED ADDITION,
G H & H R RR CO SURVEY,
ABSTRACT No. 623,
CITY OF FORT W TH,
TARRANT COUNTY, TEXAS
LEGEND
P.O.C. = POINT OF COMMENCING
P.O.B. = POINT OF BEGINNING
BDF = BRASS DISK FOUND
IRFC = 5/8" IRON ROD WITH CAP
STAMPED "GORRONDONA & ASSOC, INC"
LEGEND 0 '
H
w
P.O.C. = POINT OF COMMENCING =' NORTH
P.O.B. = POINT OF BEGINNING 50' SANITARY SEWER EASEMENT �
BDF = BRASS DISK FOUND (INST. NO. D226130712) W
IRFC = 5/8" IRON ROD WITH CAP 0 50 100
STAMPED "GORRONDONA & ASSOC, INC" 51��••
TRACT 12
0.0178 ACRES ' GRAPHIC SCALE IN FEET
775 SQ. FT. P.O.B.
/ (TRACT 12)
15' WATER EASEMENT
(INST. NO. D226130712)
LOT 2, BLOCK 1
(INST. NO. D226130712)
LINE TABLE
NO.
BEARING
LENGTH
L47
S65°18'28"W
50.00'
L48
N24°41'32"W
15.50'
L49
N65'18'28"E
50.00,
L50
S24°41'32"E
15.50'
EDC FORT WORTH LLC
(INST. NO. D225126492)
/ 50' SANITARY SEWER EASEMENT
/ (INST. NO. D226130712) /
_ — BBROOK PKNIY
p,M gol PUBLIC RIGNI-OF-WAY)
TE /
(UpR1ABLEWIOTH / 5/8"IRFC
i 5/8" IRFC
/n[RFC
WAL-MART STORES EAST, LP
i
LOT 4X, BLOCK 1 (INST. NO. D223062321)
(INST.NO. D226130712)
ENCROACHMENT AREAS
LOTS 2 & 3, BLOCK 1,
EDGED ADDITION,
G H & H R RR CO SURVEY,
ABSTRACT No. 623,
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
EXHIBIT B
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 12 of 12
Revised 12/2022
FORT WORTH.
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: EDC Fort Worth 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.