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HomeMy WebLinkAbout065884 - General - Contract - Tarrant County Hospital District (TCHD)10/01/2026 Date Received: Time Received: 4:03 p.m Record Number: PN26-00037 City Secretary No.: 65884 PUBLIC PROPERTY RIGHT-OF-WAY 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 Tarrant County Hospital District, a Texas nonprofit corporation ("Licensee"), acting by and through its duly authorized representative. RECITALS WHEREAS, Licensee is the owner of the real property located at 1500 South Main Street, Fort Worth, Texas 76104 ("Property"), being more particularly described as, Lot One -R-2, Block Q -R, Rosedale Addition, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Deed Records, by Instrument Number D212235591; 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 -23-315), which plat is recorded in the plat records of Tarrant County as Instrument D225204821; and WHEREAS, Licensee desires to construct, place, and maintain certain improvements which will encroach in, on, above, or below the Public Property; and WHEREAS, to accommodate the needs of the Licensee, the City will allow the encroachment under the terms and conditions as set forth in this Agreement. NOW, THEREFORE, the City and Licensee agree as follows: OFFICIAL RECORD AGREEMENT CITY SECRETARY FT. WORTH, TX 1. The City, in consideration of the payment by Licensee of the fee set out below and covenants and agreements hereinafter contained to be kept and performed by Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and 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 bollards and storm drain (the "Encroachment"). Upon Tier I1 ROW Encroachment Agreement Page 1 of 11 Revised 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 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 Tier 11 ROW Encroachment Agreement Page 2 of 11 Revised 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 $351.00 ($2.25 per square foot of the encroachment area upon execution of this Agreement and annually thereafter). 7. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by City. However, the City may terminate this Agreement upon Licensee's noncompliance with any of the terms of this Agreement. City shall notify Licensee in writing of any such noncompliance and if Licensee does not cure the noncompliance within thirty (30) days of notice from City, the City may terminate this Agreement. However, the City may, at its sole option, allow the Agreement to remain in effect so long as Licensee has taken reasonable measures to cure the noncompliance or is continuing to diligently attempt to remedy the noncompliance. 8. It is further understood and agreed between the parties hereto that the Public Property to be used and encroached upon is held by City as trustee for the public; that City exercises such powers over the Public Property as have been delegated to it by the Constitution of the State of Texas or by the Texas Legislature; and that City cannot contract away its duty and its legislative power to control the Public Property for the use and benefit of the public. It is accordingly agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the Public Property to be used for any other public purpose, including but not being limited to underground, surface, or overhead communication, drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not, that the parties agree to negotiate in good faith in order to accommodate both the Encroachment and the public purpose. 9. LICENSEE DOES HEREBY HOLD HARMLESS CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR Tier II ROW Encroachment Agreement Page 3 of II Revised 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; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY 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 tern 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. Tier I1 ROW Encroachment Agreement Page 4 of I I Revised Licensee agrees to comply frilly with all applicable federal, state, and local laws, statutes, ordinances, codes, and regulations in connection with the construction, operation, and maintenance of the Encroachment and use of the Public Property. 13. Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for by this Agreement or by any federal, state, or local statute, law, or regulation. 14. Licensee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant, or employee of City, and Licensee shall have exclusive control of and the exclusive right to control the details of its operations, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. The doctrine of respondeat superior shall not apply as between City and Licensee, its officers, agents, servants, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Licensee. 15. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain, and locate the Encroachment over or within the Public Property and is not a conveyance of any right, title, or interest in or to the Public Property, nor is it meant to convey any right to use or occupy property in which a third -party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. 16. In any action brought by the City for the enforcement of the obligations of the Licensee, City shall be entitled to recover interest and reasonable attorneys' fees. 17. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. 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 Tier 11 ROW Encroachment Agreement Page 5 of 11 Revised 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. 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 11 Revised EXECUTED to be effective on the date signed by the City's Director of Development Services Department City: CITY OF FORT WORTH By: Dalton Harrel (Oct 1,202612:43:43 CDT) D. J. Harrell Director, Development Services Department 10/01/2026 Date: ATTEST: Approved As To Form and Legality Jannette Goodall, Tayler Canton City Secretary 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 ROW Encroachment Agreement Revised OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 7 of 11 Licensee: Tarrant County Hospital District d/b/a JPS Health Network, a Texas nonprofit corporation By: Nah: Jill Farrell Title: Senior xecutive Vice President, Chief Operating Officer Date: 7 JIb STATE OF I P § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public in and for the State of on this day personally appeared i 11,t( 3t' ( L (Title) known to me to be the person whose iarne 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 JJ�S '/j-IIL L.I-L`o✓a J-sCt_(entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2026. Suzanne Barnes r ;o��,::;�4c, Notary Public Notary Public in and for the '*r*= STATE uF TEXAS Z T1Y �p #t2ati7257 2 \\ �� ;���I�/�v�i�yPh; Notary EX 08/06/2026 State of t.QyIL4�Fof , My Comm. P• Tier II ROW Encroachment Agreement Page 8 of l l Revised 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 1st day of October 2026 Notary Public in and for the State of Texas Tier II ROW Encroachment Agreement Revised AwIra+y Wa ' allac Mk Commi aloe Xpire s '11 012028 t Iota ID 135082586 Page 9 of 11 EXHIBIT A Depiction an Description of the Encroachment Tier 11 ROW Encroachment Agreement Page 10 of 11 Revised 0 500 1000 GRAPHIC SCALE IN FEET DUNAWAY 550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107 Tel: 817.335.1121 (TX REG. F-1114) VICINITY MAP JPS MEDICAL OFFICE BUILDING ROW ENCROACHMENT AGREEMENT FORT WORTH. TEXAS EXHIBI T "A" ENCROA CHMEN T A PART OF THE FRANKLIN RICHARDS SURVEY, ABSTRACT NUMBER 1297 PARCEL 1 W. MAGNOLIA AVE. (VARIABLE WIDTH RIGHT-OF-WAY) POINT OF VOLUME 32, PAGE 382, P.R.T.C.T. - - COMMENCING PEDESTRIAN & ACCESS EASEMENT] C.C.D. NO. 0225204821 P.R.T.C.T. POINT OF BEGINNING � I 114 SQUARE FEET / 0.002 ACRE ENCROACHMENT ���G�o0 bid I G�P4oS TRACT TARRANT COUNTY HOSPITAL DISTRICT C.C.D. D NO. D20 228300 LOT 1R1R-1, BLOCK Q F? ROSEDALE ADDITION <r C.C.D. NO. D225204821 o � P.R.T.C.T. �N / � �/ti a I /iz APPROXIMATE LOCATION � I / p� / OF SURVEY LINE 5�4g�0 I/I/,____ / 0 100' SCALE FEET Q F 1"= 100' ;•• G S T E p'••;9 — — — — + c7� FO�tP C.C.D. NO. = COUNTY CLERK'S DOCUMENT NUMBER STEPHEN R. GLOSUP D.R.T.C.T. = DEED RECORDS, TARRANT COUNTY, TEXAS r :; p 5570 P;•� P.R.T.C.T. = PLAT RECORDS, TARRANT COUNTY, TEXAS SUR`4il A metes and bounds description thiof vDU1VAWA even date accompanies this of drawing. .� Y 550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107 02/19/2026 Tel: 817.335.1121 PAGE 1 OF 6 DATE: FEBRUARY 19, 2026 TEXAS REGISTERED SURVEYING FIRM NO. 10098100 DUNAWAY JOB NO. 8009013.003 EXHIBIT "A" ENCR0A CHMEN T A PART OF THE FRANKLIN RICHARDS SURVEY, ABSTRACT NUMBER 1297 3 5) 'e 5> W. MAGNOLIA AVE. VOLUME 32, PAGE 382, P.R.T.C.T. POINT OF COMMENCING N 44'29' 25"E 9.45' S45'30'35'E 0.08' N 44'29' 25"E 2.72' I 114 SQUARE FEET / 0.002 ACRE' ENCROACHMENT EASEMENT I (0 rn c$ 0 w ihI 17I � N � M 0 0 ui 0 co 00 U) � w 0 N M M IO O 00 z (n 0 10' SCALE FEET 1 "= 10' MATCHLINE A PARCEL 1 S0038'33"E 0.47' __S44'29'25"W 9 12' MATCE W I O O(0I i� a? O 0C 3 0 0 In - N44'43'27"E 0D r� 2.70' 00 z POINT OF BEGINNING _S45'30'35"E 0.08' g05 (REFERENCE POINT A) S4429'25"W �,,G� X91 2.51' ��1�¢.JE 01 N89'29'21"EJ < (,j) Q� 5� G4� 0.15' 0 NOO'43'03"W < m C P$ 12.00' r C m = 114 SQUARE FEET / 0.002 ACRE ENCROACHMENT N8929'21 "E 0.15' POINT OF - BEGINNING N89 -29.21"E 0.14' INSET "B' SCALE 1" = 1' C.C.D. NO. = COUNTY CLERK'S DOCUMENT NUMBER D.R.T.C.T. = DEED RECORDS, TARRANT COUNTY, TEXAS P.R.T.C.T. = PLAT RECORDS, TARRANT COUNTY, TEXAS S89'29'21 "W_ 1.00' NOO'38'14"W 28.19' N8917'29"E 2.04' N0043'03"W, 1.00' S891729"W 2.04' N0038'14"W 62.01' ]LINE A m SEE INSET "B",._. D O x S44'43'27"W o< m C gym= [89'29'21"E 0.14' mm9 • 0 �N S00'40'51 "E P D G) Z 12.00 m W1 DO m m v S4516'33"E 5.32' N8917'29"E X3.27' S00'31 '12"E 1.00' S89'17'37"W 7.01' SEE INSET "C" (PAGE 3) SOO'38'24"E 62.01' MATCHLINE B OF `P� • G \ S T e'ni•:��9 i'p MN....N.NN......N.N..1N STEPHEN R. GL0SUP P 5570 S 9//i'0FfSS�O: y� A metes and bounds description of S U R v even date accompanies this drawing. DUNAWAY .�� 550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107 Tel: 817.335.1121 02/19/2026 PAGE 2 OF 6 DATE: FEBRUARY 19, 2026 TEXAS REGISTERED SURVEYING FIRM NO. 10098100 DUNAWAY JOB NO. 8009013.003 EXHIBIT "A" ENCROA CHMEN T A PART OF THE FRANKLIN RICHARDS SURVEY, ABSTRACT NUMBER 1297 PARCEL 1 MATCHLINE B 00 III jr) 00 00 z V) 114 SQUARE FEET / 0.002 ACRE ENCROACHMENT N89'29'21"E 1.95''\, NOO'43'03"W 1.00' 0 10' SCALE FEET 1 "= 10' C.C.D. NO. = COUNTY CLERK'S DOCUMENT NUMBER D.R.T.C.T. = DEED RECORDS, TARRANT COUNTY, TEXAS P.R.T.C.T. = PLAT RECORDS, TARRANT COUNTY, TEXAS <(I) <mC 0 m -i -om -ID0 - • m-- (I) (4H H 000 Im m v N 89.29' 21 "E 2.55' ,-SO0'43'03"E 1.00' S89'29'21 "W 5.00' POINT OF __(COMMENCING L6 00 co o w N W 00 O o V) II POINT OF BEGINNING 4 SQUARE FEET SAVE & EXCEPT S45'16,33E N89'16'57�E 4.32' 2.54' NOO'38'24'W 3.08' S89'17'29'W 3.04' INSET"C" SCALE 1" = 10' OF.T '�P�•G�STeRF9 O.' STEPHEN R. GLOSUP 'P, e O essOo?:yo SUR A metes and bounds description of e even date accompanies this drawing. UNAWAA 550 Bailey Avenue • Suite 400 - Fort Worth, Texas 76107 02/19/2026 Tel: 817.335.1121 PAGE 3 OF 6 DATE: FEBRUARY 19, 2026 TEXAS REGISTERED SURVEYING FIRM NO. 10098100 DUNAWAY JOB NO. 8009013.003 EXHIBI T "A" ENCR0A CHMEN T A PART OF THE FRANKLIN RICHARDS SURVEY, ABSTRACT NUMBER 1297 PROPERTY DESCRIPTION PARCEL 1 BEING a tract of land situated in the Franklin Richards Survey, Abstract No. 1297, and the William Welch Survey. Abstract No. 1644. City of Fort Worth, Tarrant County, Texas, being a portion of South Main Street (a variable width right—of—way) and W. Magnolia Avenue (a variable width right—of—way) recorded in Volume 32, Page 382, Plat Records of Tarrant County, Texas (P.R.T.C.T.), said tract of land being more particularly described by metes and bounds as follows: BEGINNING at a point for the northeast corner of lot 1R1R-1, Block Q, Rosedale Addition, an Addition to the City of Fort Worth, according to the plat recorded in County Clerk's Document No. D225204821 P.R.T.C.T., and being the intersection of the west right—of—way line of said South Main Street and the south right—of—way line of said W. Magnolia Avenue; South 00'43'03" East, with the east line of said Lot 1R1R-1, Block Q, Rosedale Addition and the west right—of—way line of said South Main Street, a distance of 80.96 feet to the POINT OF BEGINNING of herein described tract of land; THENCE departing the east line of said Lot 1R1R-1, Block Q, Rosedale Addition and the west right—of—way line of said South Main Street, crossing into said South Main Street the following courses and distances: North 8929'21 " East, a distance of 0.15 feet to a point; North 4443'27" East, a distance of 2.70 feet to a point; North 00'38'40" West, a distance of 60.43 feet to a point; North 44'29'25" East, a distance of 2.72 feet to a point; South 4530'35" East, a distance of 0.08 feet to a point; North 44'29'25" East, a distance of 9.45 feet to a point; South 0038'33" East, a distance of 0.47 feet to a point; South 44'29'25" West, a distance of 9.12 feet to a point; South 4530'35" East, a distance of 0.08 feet to a point; South 4429'25" West, a distance o₹ 2.51 feet to a point; South 00'38'24" East, a distance of 85.32 feet to a point; South 45'16'33" East, a distance of 5.32 feet to a point; North 8917'29" East, a distance of 3.27 feet to a point; South 0031'12" East, a distance of 1.00 foot to a point; South 8917'37" West, a distance of 7.01 feet to a point; South 0038'24" East, a distance of 62.01 feet to a point; North 89'2921" East, a distance of 2.55 feet to a point; Of' South 0043'03" East, a distance of 1.00 foot to a point; ;•�G� SST,fR�.oa9 STEPHEN R. GLOSUP Continued..... ••••»•••••••••••••«'••'•°••'• 0 q��� ESSoO�s, SURD DUNAWAY 550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107 OZI19IZOZG Tel: 817.335.1121 PAGE 4 OF 6 DATE: FEBRUARY 19, 2026 TEXAS REGISTERED SURVEYING FIRM NO. 10098100 DUNAWAY JOB NO. 8009013.003 EXHIBIT "A" ENCROA CHMEN T A PART OF THE FRANKLIN RICHARDS SURVEY, ABSTRACT NUMBER 1297 PROPERTY DESCRIPTION PARCEL 1 Continued..... South 89'29'21" West, a distance of 5.00 feet to a point on the east line of said Lot 1R1R-1 and the west right—of—way line of said South Main Street THENCE North 00'43'03" West, with the east line of said Lot 1R1R-1 and the west right—of—way line of said South Main Street, a distance of 1.00 foot to a point; THENCE departing the east line of said Lot 1R1R-1 and the west right—of—way line of said South Main Street, crossing into said South Main Street the following courses and distances: North 8929'21" East, a distance of 1.95 feet to a point; North 00'38'14" West, a distance of 62.01 feet to a point; South 89'17'29" West, a distance of 2.04 feet to a point in the east line of said Lot 1R1R-1, Block Q, Rosedale Addition and the west right—of—way line of said South Main Street; THENCE North 00'43'03" West, with the east line of said Lot 1R1R-1, Block Q, Rosedale Addition and the west right—of—way line of said South Main Street, a distance of 1.00 foot to a point; THENCE departing the east line of said Lot 1R1R-1, Block Q, Rosedale Addition and the west right—of—way line of said South Main Street, crossing into said South Main Street the following courses and distances: North 89'17'29" East, a distance of 2.04 feet to a point; North 0038'14" West, a distance of 28.19 feet to a point; South 4443'27" West, a distance of 1.70 feet to a point; North 89'2921" East, a distance of 0.14 feet to a point; South 00'40'51" East, a distance of 12.00 feet to a point; South 8929'21" West, a distance of 1.00 foot to a point in the east line of said Lot 1R1R-1, Block Q, Rosedale Addition and the west right—of—way line of said South Main Street; THENCE North 0043'03" West, with the east line of said Lot 1R1R-1, Block Q, Rosedale Addition and the west right—of—way line of said South Main Street, a distance of 12.00 feet to the POINT OF BEGINNING and containing a calculated area of 114 square feet, or 0.002 acre of land. Continued..... DATE: FEBRUARY 19, 2026 DUNAWA Y 550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107 Tel: 817.335.1 121 TEXAS REGISTERED SURVEYING FIRM NO. 10098100 ,�P•.G�sreRF9 STEPHEN •GLOSUP 9iji��FESSOO;: y0 SURD 02/19/2026 PAGE 5 OF 6 DUNAWAY JOB NO. B009013.003 EXHIBIT "A" ENCROA CHMEN T A PART OF THE FRANKLIN RICHARDS SURVEY, ABSTRACT NUMBER 1297 PROPERTY DESCRIPTION PARCEL 1 Continued. SAVE & EXCEPT BEING a tract of land situated in the Franklin Richards Survey, Abstract No. 1297, City of Fort Worth, Tarrant County, Texas, and being a portion of South Main Street (variable width right—of—way) recorded in Volume 32, Page 382, Plat Records of Tarrant County, Texas (P.R.T.C.T.), said tract of land being more particularly described by metes and bounds as follows: COMMENCING at a point for the northeast corner of lot 1R1R-1, Block Q, Rosedale Addition, an Addition to the City of Fort Worth, according to the plat recorded in County Clerk's Document No. D225204821 P.R.T.C.T., and being the intersection of the west right—of—way line of said South Main Street and the south right—of—way line of W. Magnolia Avenue; South 0043'03" East, with the east line of said Lot 1R1R-1 and the west right—of—way line of said South Main Street, a distance of 104.88 feet to a point; North 89'16'57" East, departing the east line of said Lot 1R1R-1 and the west right—of—way line of said South Main Street, crossing into said South Main Street, a distance of 2.54 feet to the POINT OF BEGINNING of herein described tract; THENCE continuing across said South Main Street, the following courses and distances: South 4516'33" East, a distance of 4.32 feet to a point; South 89'17'29" West, a distance of 3.04 feet to a point; North 0038'24" West, a distance of 3.08 feet to the POINT OF BEGINNING and containing a calculated area of 4 square feet NOTES: The basis of bearings for this Easement is the Texas Coordinate System of 1983, North Central Zone, 4202, based upon GPS measurements, according to the GPS Reference Network. A drawing of even date accompanies this metes and bounds description. The metes and bounds description contained herein was compiled from information contained in recorded documents and does not reflect the results of an on the ground survey. DUNAWAY JOB NO. B009013.003 Stepherf R. Glosup v Registered Professional Land Surveyor Texas Registration No. 5570 srg@dunaway.com February 19, 2026 DUNAWA v 550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107 Tel: 817.335.1121 TEXAS REGISTERED SURVEYING FIRM NO. 10098100 (0F .••fl•. T \S�eR STEPHEN R. GLOSUP c "° 5570 SUR`I PAGE 6 OF 6 EXHIBIT "A" ENCROACHMENT A PART OF THE FRANKLIN RICHARDS SURVEY, ABSTRACT NUMBER 1297, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS City of Fort Worth, Tarrant County, Texas. EXHIBIT "A" ENCROA CHMEN T A PART OF THE FRANKLIN RICHARDS SURVEY, ABSTRACT NUMBER 1297 PARCELS 2-7 W. MAGNOLIA AVE. (VARIABLE WIDTH RIGHT-OF-WAY) VOLUME 32, PAGE 382, P.R.T.C.T. POINT OF COMMENCING SO0'43'03'E 71.98' P¢9 1�9 REFERENCE F� �G POINT 1 TRACT 1 REFERENCE TARRANT COUNTY POINT 2 HOSPITAL DISTRICT C.C.D. NO. D207228300 D.R.T.C.T. LOT 1R1R-1, BLOCK Q ROSEDALE ADDITION REFERENCE- C.C.D. NO. D225204821 POINT 3 P.R.T.C.T. I REFERENCE POINT 4 0 to' REFERENCE POINT 5 SCALE FEET 1'= 10' REFERENCE POINT 6 C.C.D. NO. = COUNTY CLERK'S DOCUMENT NUMBER N89'16'57E 6.69' 7 SQUARE FEET � PAAPRCEACHMENTI RCEL 2 D.R.T.C.T. = DEED RECORDS, TARRANT COUNTY, TEXAS P.R.T.C.T. = PLAT RECORDS, TARRANT COUNTY, TEXAS S00'15'04E 10.00' -7 SQUARE FEET D :O ENCROACHMENT < y C PARCEL 3 O cm -o m SOO'28'32'E 10.00' ,-7 SQUARE FEEL -> 0 z ENCROACHMENT 0 S frl PARCEL 4 w 00 N I r -i -SOO'39'26'E 10.00' y m ,-7 SQUARE FEE ENCROACHMEN PARCEL 5 SOO'22'59'E 10.00' 7 SQUARE FEET / 0.0001 ACRE ENCROACHMENT -"'- PARCEL 6 S00'39'25E 10.00' 7 SQUARE FEET PARCEL 7 ENCROACHMENT 0 F TF �P'G�STeR'�9 .NNN...NNNNNNNNN.N STEPHEN R. GLOSUP .9001•' SUR A metes and bounds description of even date accompanies this drawing. ' p DUNAWAY 550 Bailey Avenue ' Suite 400 ' Fort Worth, Texas 76107 02/19/2026 Tel:817.335.1121 PAGE 1 OF 3 DATE: FEBRUARY 19, 2026 TEXAS REGISTERED SURVEYING FIRM NO. 10098100 DUNAWAY JOB NO. 8009013.003 EXHIBI T "A" ENCROA CHMEN T A PART OF THE FRANKLIN RICHARDS SURVEY, ABSTRACT NUMBER 7297 PROPERTY DESCRIPTION PARCEL 2 BEING a tract of land situated in the Franklin Richards Survey, Abstract No. 1297, City of Fort Worth, Tarrant County, Texas, and being a portion of South Main Street (variable width right—of—way) recorded in Volume 32, Page 382, Plot Records of Tarrant County, Texas (P.R.T.C.T.), said tract of land being more particularly described by metes and bounds as follows: COMMENCING at a point for the northeast corner of lot 1R1R-1, Block Q, Rosedale Addition, an Addition to the City of Fort Worth, according to the plat recorded in County Clerk's Document No. D225204821 P.R.T.C.T., and being the intersection of the west right—of—way line of said South Main Street and the south right—of—way line of W. Magnolia Avenue; South 00'43'03" East, with the east line of said Lot 1R1R-1 and the west right—of—way line of said South Main Street, a distance of 71.98 feet to a point; North 8916'57" East, departing the east line of said Lot 1R1R-1, Block Q, Rosedale Addition, crossing into said South Main Street, a distance of 6.69 feet to a point for the center of a 3.00 foot diameter circle being reference point 1 and containing a calculated area of 7 square feet. PARCEL 3 BEING a tract of land situated in the Franklin Richards Survey, Abstract No. 1297, City of Fort Worth, Tarrant County, Texas, and being a portion of South Main Street (variable width right—of—way) recorded in Volume 32, Page 382, Plat Records of Tarrant County, Texas (P.R.T.C.T.), said tract of land being more particularly described by metes and bounds as follows: COMMENCING at aforementioned reference point 1; South 0015'04" East, across said South Main Street, a distance of 10.00 feet to a point for the center of a 3.00 foot diameter circle being reference point 2 and containing a calculated area of 7 square feet. PARCEL 4 BEING a tract of land situated in the Franklin Richards Survey, Abstract No. 1297, City of Fort Worth, Tarrant County, Texas, and being a portion of South Main Street (variable width right—of—way) recorded in Volume 32, Page 382, Plat Records of Tarrant County, Texas (P.R.T.C.T.), said tract of land being more particularly described by metes and bounds as follows: COMMENCING at aforementioned reference point 2; South 00'28'32" East, across said South Main Street, a distance of 10.00 feet to a point for the center of a 3.00 foot diameter circle being reference point 3 and containing a calculated area of 7 square feet. Continued..... r0F1 S STEPHEN R. GLOSUP S.SOU Rv DATE: FEBRUARY 19, 2026 DUNAWAY 550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107 Tel: 817.335.1121 TEXAS REGISTERED SURVEYING FIRM NO. 10098100 02/19/2026 PAGE 2 OF 3 DUNAWAY JOB NO. B009013.003 EXHIBIT "A" ENCROA CHMEN T A PART OF THE FRANKLIN RICHARDS SURVEY, ABSTRACT NUMBER 1297 PROPERTY DESCRIPTION Continued..... PARCEL 5 BEING a tract of land situated in the Franklin Richards Survey, Abstract No. 1297, City of Fort Worth, Tarrant County, Texas, and being a portion of South Main Street (variable width right—of—way) recorded in Volume 32, Page 382, Plat Records of Tarrant County, Texas (P.R.T.C.T.), said tract of land being more particularly described by metes and bounds as follows: COMMENCING at aforementioned reference point 3; South 00'39'26" East, across said South Main Street, a distance of 10.00 feet to a point for the center of a 3.00 foot diameter circle being reference point 4 and containing a calculated area of 7 square feet. PARCEL 6 BEING a tract of land situated in the Franklin Richards Survey, Abstract No. 1297, City of Fort Worth, Tarrant County, Texas, and being a portion of South Main Street (variable width right—of—way) recorded in Volume 32, Page 382, Plat Records of Tarrant County, Texas (P.R.T.C.T.), said tract of land being more particularly described by metes and bounds as follows: COMMENCING at aforementioned reference point 4; South 00'22'59" East, across said South Main Street, a distance of 10.00 feet to a point for the center of a 3.00 foot diameter circle being reference point 5 and containing a calculated area of 7 square feet. PARCEL 7 BEING a tract of land situated in the Franklin Richards Survey, Abstract No. 1297, City of Fort Worth, Tarrant County, Texas, and being a portion of South Main Street (variable width right—of—way) recorded in Volume 32, Page 382, Plat Records of Tarrant County, Texas (P.R.T.C.T.), said tract of land being more particularly described by metes and bounds as follows: COMMENCING at aforementioned reference point 5; South 0039'25" East, across said South Main Street, a distance of 10.00 feet to a point for the center of a 3.00 foot diameter circle being reference point 6 and containing a calculated area of 7 square feet. NOTES: The basis of bearings for this Easement is the Texas Coordinate System of 1983, North Central Zone, 4202, based upon GPS measurements, according to the GPS Reference Network. A drawing of even date accompanies this metes and bounds description. The metes and bounds description contained herein was compiled from information contained in recorded documents and does not reflect the results of an on the ground survey. DUNAWAY JOB NO. B009013.003 EXHIBIT "A" PAGE 3 OF 3 J LCIJIICII K. l]IUJUp ✓ Registered Professional Land Surveyor Texas Registration No. 5570 TF� •• ENCROACHMENT 4, 9 Fo J' srg@dunaway.com February 19, 2026 : ...j........................ A PART OF THE FRANKLIN RICHARDS GLOSUP SURVEY, ABSTRACT NUMBER 1297, • ' P;: UUSTEPHENR. CITY OF FORT WORTH, TARRANT DUNAWAA)/ TEXAS v;cyoCOUNTY, 550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107 Tel: 817.335.1 121 TEXAS REGISTERED SURVEYING FIRM NO. 10098100 City of Fort Worth, Tarrant County, Texas. N 6951752.93_ E 2329840.09 PROPOSED PRIVATE 4" HOPE STORM DRAIN 10.9' 2.1 PROPOSED PUBLIC - 8" FIRE LINE PER IPRC25-0160 PROPOSED PUBLIC 6" WATER LINE PER IPRC25-0160 PROPOSED BUILDING FFE=647.60 LOT 1R1R-1 1 R-1 BLK Q ROSEDALE ADDN. P.R.T.C.T. PROPOSED PRIVATE 6" HDPE STORM DRAIN 0 20 40 GRAPHIC SCALE IN FEET QUANTITIES IN RIGHT-OF-WAY: 1. 202 FT OF PRIVATE STORM DRAIN WhAWAY 550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107 Tel: 817.335.1121 (TX RE 3. F-11141 1.9' 1+65 Q EXHIBIT I EN LI a III 0+00 ll PROPOSEDPRIVATE - CURE OUTLET PROP; OSED PUBLIC 2' � STREET LIG �..} T gbND, U/T lit T'.Ii w4~<a tV,- -, --- E•W ROPOSED 12'( T RAIN Vq TH HEEL A FbROOF 'RA TE (A R APPI 0 VED' E( I f� I - STORM DRAIN JPS MOB FORT WORTH, TX ENCH JAL) E7; 'A - Ir CROSS SECT/ON A -A A 655 PROFILE SCALE PROPOSED PRIVATE I HORIZ: 1"=20 CURB OUTLET VERT: 1" = 4 PROPOSED PRI VA TE 4 HLPE 650 I rnPAA nRA/A/ 'USED 645 N � N PROPO ED _PUBLIC 2' STREET IGHT-CONDUI 640 PROPOSED PRIVATE 6 HDPE TORM DRAIN P F OPOSED PUBLIC 8 FIRE LINE OPOSED PUBLIC 635 6" WATER LINE -0+25 0+00 0+50 DUNAWAy EXHIBIT 550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107 Tel: 817.335.1121 (TX REG. F-1114) n I z m m rn m X n I O Z - STORM DRAIN JPS MOB FORT WORTH, TX oC O I- 0 I U F- m X W W W c/1 W z U CROSS SECTION A -A A 655 PROFILE SCALE HORIZ: 1" = 20 VERT: 1" = 4 650 PROPOSED I 645 PRIVATE 6" HDPE STORM DRAIN P1 OPOSED 12" TRENCH DRAIN WLJ _. HEEL PROOF GRATE (ACO .. _ . KLASSIKDRAIN=KS300 APPROVED EQUAL) 640 635 1 1+00 1+50 1+75 1 WNAWAY EXHIBIT -STORM DRAIN 550 Bailey Avenue • Sulte 400 • Fort Worth, Texas 76107 J PS M 0 B TTXRG.F1111 FORT WORTH, TX (TX REG. F-1114) ED ••9.-.----- o 0 N Co ca N N z I M m m C) I IM o u7 O1 N t7 Q O zy U =-c Z Q a Z9 4 ¢ 3 w>- wz z� n z NQrio Uoo U O Z N ct .. _ O '. D m F- 0 0 L ___ ___1 _ LI x d I t ax t O g�LL N � N C N1 � � T a 1 ugDeonu3 II Ja1 OOW-ddW\IuawaaJ6V Iuawypeonu3\yl,oM IJoj JO aovapuodsaj1oJ\Iuawa6eueW Ioa(oad\E00\ET06\000600\:d :HiVd3llj Wd OZ:S :IV 9ZOZ'ZO AienJgaj /epuoN :No za1ezuo9 Je5p3 :A9 o3L-Old N 6951752.93 E 2329840.09 PROPOSED PRIVATE 36" D/A BUILDING SPHERICAL BOLLARDS FFE=647.60 E=647.60 (TYP) LOT 1R1R--1 1 R--1 BLK Q ROSEDALE ADDN. P.R.T.C.T. 0 20 40 GRAPHIC SCALE IN FEET QUANTITIES IN RIGHT-OF-WAY: 1. 42 SET OF PRIVATE BOLLARDS DUNAWA v 550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107 Tel: 817335.1121 (1X REG, F-1114) ff�➢IL'-I N 6951599.97 E 2329841.98 0 EXHIBIT - BOLLARDS JPS MOB FORT WORTH, TX T 0 U, v d iak }t y -'tl 33 : I. fi Qi s z E da , 3 C P L., ; a s's k d dfi 0 S a}a i3�6d�5 �3rti iE Tyar € a, a s€ y }� F '� i 3 iy q a 3 a �y� t dad 5r a 8�i 4 n 4 a. ! tt 33 E ft bra dp yu l E NS i dad aae R% set 0 3 4 i p 4 z 8 n pp hd � �n� re fn i it 4 a 3 r d S E s % a a s s x� � aids x� ! � 8 g gg �. �.s 3 `'�� �' a e a a;3 g : Aia i t a 'i > e ar �s 4l,;sg ��s D ,P. <., ..a <k x s rI� Y '4 ! C. s 11 i` F6 Hit s azE lie}Y}ai gg.$4 alit t f'qt t gc� _ z'.i.i3e. .an.F �+ �daia ;' 5 g a;d n lsAz a€� 3 s °= 6rgp as ₹e x €�19y w a ��g lg g taaf ag i31� �a a a a a l sts9g i k�3't � a n° lc s wart aEsl' s S za a�BE� � s'd �aA �➢ a# 6 7 c� S ll 9 �� e� s z �➢" t6, y t a& 1S y, 3 flt tyB i a2. i gga q p� �oQq =�rWWa ll!# _ — O lzn 3 C v ! b !` - _1 Lir3aLLS 9A0NJ WO• J33NZ5 NNIY 'S i Ib iij f J2AY SEIOT 7S $ - :>, 1. - I.� I pp9t Y , fm� Y gay L � � Iii '� � I � I I .r � � e r ° d � I � I K .`k7i.'in' I :) �V.. L "., fa^' anuAv xoLsA7vs I i a §i I a ; a . to r a I I I ' a�afi ` , .. 13 anrev sing H IV �.. yy.`��.I A v�' Est T&T1, � `� I f �-1 •� I ads I iii •� .: =c f� sd. �3 d In 4!EiI.t: 15 H; ti% .. .- II'E SallF 5 � a ,-eaursxs�m _. _ull 0e_k+ S�r79 § 2 Flyu a sa d V I •nI, - S W Q T flI VUIL•MfKwattle l Uy Ja 3t'��`.i U1'Ji.1UTh * UL'7 L -1L. 1Jii • dsfq+`31fEi.1e•:. .. C*A g f. S^SC � to r-•i � � U �2o w Ise � p ui c n �n> AA a �ea9�ktrit"tl:^P.�Pi \ C Ill. 0I /l I � H y Q a Q .^ V ' a w way H Lt -+f-• � a � oa 4 v'i Fi iCl jrl fir• �'' �?n Rr t•� w ?S.. W its .1 O O U a G7 L O R {J lL LL. EXHIBIT B Certificate of Insurance Tier I1 ROW Encroachment Agreement Page 11 of 11 Revised FORT WORTH® City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Tarrant County Hospital District Subject of the Agreement: Tier II ROW Encroachment M&C Approved by the Council? * Yes ❑ No If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 8 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No 8 If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 8 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 8 *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 8 No ❑ Contracts need to be routed for CSO processing in the following order: 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.