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HomeMy WebLinkAboutContract 55367 Date Received:03/03/2021 City Secretary Time Received: 2:56 pm Contract No.: 55367 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER 11 THIS AGREEMENT is made and entered into by and between. THE CITY OF FORT WORTH, a home rule municipal corporation of Tarrant County, Texas {"City"}, acting by and through its duly authorized City Manager, Assistant City Manager, or Director of the Development Services Department, and HPIII Fort Worth Alliance, LLC, a(n) Foreign Limited Liability Corporation, its successors and assigns ("Licensee"), acting by and through its duly authorized representative. RECITALS WHEREAS, Licensee is the owner of the real property located at 8900 Medical City Way, Fort Worth, Texas 76177 ("Property"), being more particularly described in the attached Exhibit"A" which is incorporated herein for all purposes; and WHEREAS, the City owns a Sewer (the "Public Property") adjacent to the Property as shown in the attached Exhibit "B," which is incorporated herein for all purposes, and as recorded in in the real property records of Tarrant County as document number D220060983; and WHEREAS, Licensee desires to construct, place, and maintain certain improvements which will encroach in, on, above, or below the Public Property; and WHEREAS, to accommodate the needs of the Licensee, the City will allow the encroachment under the terms and conditions as set forth in this Agreement. NOW,THEREFORE, the City and Licensee agree as follows: AGREEMENT 1. The City, in consideration of the payment by Licensee of the fee set out below and covenants and agreements hereinafter contained to be kept and performed by Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and occupy a portion of the City's Public Property as described in and at the location shown on Exhibit "C," but only to the extent shown thereon, for the purpose of constructing, installing, and maintaining an Atmos 2" Gas Line Extension to serve Ambulatory Surgery Center. The Atmos 2" Gas Line Extension will perpendicularly cross the Existing City of Fort Worth Sewer Easement. (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Tier H Easement Encroachment Agreement i OFFICIAL RECORD Revi 67545361v.2 CITY SECRETARY FT. WORTH, TX 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"C." 2. All construction, installation, maintenance, and operation of the Encroachment and the use or occupancy of the Public Property shall comply with and be performed in strict compliance with this Agreement and with the charter, ordinances, codes, and policies of the City. Prior to the construction or installation of the Encroachment, Licensee shall submit all plans and specifications to the Director of the Development Services Department or duly authorized representative. Licensee shall not commence construction or installation of the Encroachment nor make any use of the Public Property until after the execution of this Agreement. 3. Licensee, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or future utilities affected by such Encroachment and the use and occupancy of the Public Property, including the securing the approval and consent of the appropriate utility companies and agencies of the State of Texas and its political subdivisions. In the event that any installation, reinstallation, relocation, or repair of any existing or future utility or improvements owned by or constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance, or existence of the Encroachment and use of Public Property, Licensee shall pay to City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department, or their duly authorized representative. 4. Licensee agrees that City may enter and utilize the Public Property at any time for any public purpose, including installing, repairing, replacing, or maintaining improvements to its public facilities or utilities necessary for the health, safety, and welfare of the public. The City shall have no responsibility or liability for any damages related to the Encroachment resulting from the City's use of the Public Property; however, the City shall make reasonable efforts to minimize such damage. 5. Upon termination of this Agreement, Licensee shall, at the option of and at no expense to the City, remove the Encroachment and restore the Public Property to a condition acceptable to the Director of Transportation and Public Works, the Director of Tier II Easement Encroachment Agreement Page 2 of 13 Revised 11/2020 67545301 v.2 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 Five Hundred Dollars ($500.00). 7. The term of this Agreement shall be for so long as the encroaching Atmos 2" Gas Line Extension referenced above continues to be in service and provide gas utility service to the Ambulatory Surgery Center located on the Property or fifty (50) years, which ever is longer , 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 U Easement Encroachment Agreement Page 3 of 13 Revised 11/2020 67545361 v.2 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 "C." The amounts of such insurance shall be not less than $11000,000 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 "D" 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 Easement Encroachment Agreement Page 4 of 13 Revised 11/2020 67545361 v.2 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 H Easement Encroachment Agreement Page 5 of 13 Revised 11/2020 67545361 v.2 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. However, Licensee may assign all of its rights and obligations under this Agreement to a subsequent purchaser of the Property without the written approval of the City provided that notice of such assignment is provided to City at least ten (10) business days before the effective date of the assignment and provided that the form of assignment is acceptable to the City. 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. 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. 20. This Agreement shall be binding upon the parties hereto and their successors and assigns. 21. This Agreement may be executed in multiple counterparts, each of which shall be considered an original,but all of which shall constitute one instrument Tier H Easement Encroachment Agreement Page 6 of 13 Revised 11/2020 67545361 v.2 I City: Licensee: CITY OF FORT WORTH HP ORTH ALL CE,LLC B y.DJ Harre ll(Mar3,202108:42 CST) — By D.J. Harrell, Director of the Todd W. bler, Authorized Representative Development Services Department HPHI A Worth Alliance, LLC Date: 3-3-2021 ate: 7- -U" ) , a f oRr�aa�� ATTEST: 0 moo° ����, Approved As To Form and Legality T°off 00o Ted ��GZ2vficu liicy 0000000 q aa�nEXAs�ap City Secretary Matthew A. Murray Assistant City Attorney Ordinance No. 24161-04-2020 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. 9�e-Sca,�CQftMvY�t� Janie Scarlett Morales(Feb 26,202107:55 CST) Janie Morales, Manager Development Services Tier 1I Easement Encroachment Agreement IOFFICIAL RECORD 67545361v.2 Revi CITY SECRETARY FT. WORTH, TX I i 1 I i I ' 1 1 1MLIT11 i i STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of I I Texas, on this day personally appeared D.J. Harrell, known to me to be the person 1 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. j I GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3rd day of March , 20 21 ,�p.RYP(ie LAURIE PEQUENO LEWIS Digitally signed by LAURIE 2 Notary Public LAURIE PEQUENO LEWIS * *I STATE OF TEXAS Date:2021.03.03 10:00:44 y P Notary I.D. 132278952 PEQUENO LEWIS_06,00, �oFSE+ My Comm.Exp.Dec. 10,2023 Notary Public in and for the State of Texas I i After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 I i a V gr t {s I fi d f Y Tier II Easement Encroachment Agreement OFFICIAL RECORD 67545361 v.2 Reel CITY SECRETARY FT. WORTH, TX I I i 9 STATE OF XkV� S COUNTY OF T NT MjVVjLU KC-C'.,- BEFORE ME, the undersigned authority, a Notary Public in and for the State of r t , on this day personally appeared Todd W. Kibler, authorized representative 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 HPIII Fort Worth Alliance, LLC, a Foreign Limited Liability Company, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of Not 'c in and for the Mate �yp'CAR y m u 6 I s a f N s g P 9 a Tier H Easement Encroachment Agreement OFFICIAL RECORD Rev' CITY SECRETARY ' 6754536]v.2 FT. WORTH, TX k k i EXHIBIT A Description of the Licensee's Property Lot 9, HCA Health Services Addition, an addition to the City of Fort Worth, Tarrant County,Texas according to the plat thereof recorded in instrument number D220060983,Official Public Records,Tarrant County,Texas Tier II Easement Encroachment Agreement Page 10 of 13 Revised 11/2020 67545361 v.2 EXHIBIT B Depiction of the Public Property Tier II Easement Encroachment Agreement Page 11 of 13 Revised 11/2020 67545361 v.2 ..... _ ,..,_..e..__._. ... ......... ..r.aswH CC i s� ii II r �r dd o U it: lit" il"I Hit If, loij HIM 111!! 11-011 1 Its ! ; 1e I • r . 9 tl 125 I $E t HC J I pp a S;41 1111111 i1 { fill I� lit { O I I -A ------ E I --- --�'- "IE J01, cd it EXHIBIT C Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page 12 of 13 Revised 11/2020 67545361 v.2 z O z U S� a w W U) L o = - " U N z 0 O JU_ r ¢ _ +..: 5 U .r aa- � m LL1 Q Y• i; } of ' LLI Q ++ O yx E OAF Z M M 3 # Z - wr— _ W Z w - $z : w �. Q Sy } Via° 9 QQZU U)Z W IB - ss ss ss ss ss ——— ———————— — —— — — —— ——— .:. v'S tLi•4:•J�'z 3�1 �,.. •• A SA'rifi.'.,.g' _ L8LnOGIZa'ON'ISNI T � �__LN3VUSV3SS333Vonend.9Z) _ +6L Lb£ 3�+{)Q�QOoON _ w, �s vd � ry w— w� I w BEING a tract of land situated in the William McCowen Survey, Abstract No. 999, City of Fort Worth, Tarrant County, Texas and being part of Lot 9, HCA Health Services Addition, an addition to the City of Fort Worth, Texas, according to the plat thereof recorded in Instrument Number D220060983, Official Public Records, Tarrant County, Texas (O.P.R.T.C.T.), and being more particularly described as follows: COMMENCING at an "X"cut in concrete found at the northwest corner of said Lot 9 and being the southwest corner of Lot 1 OR, FICA Health Services Addition, an addition to the City of Fort Worth, Texas, according to the plat thereof recorded in Instrument No. D219046637, Official Public Records,Tarrant County, Texas, and being in the east line of Lot 1 R-1 R of HCA Health Addition, an addition to the City of Fort Worth, Texas, according to the plat thereof recorded in Instrument No. ❑214123625, Official Public Records, Tarrant County, Texas, from which a "X" cut in concrete found at the southwest of said Lot 9 bears South 0o00'00" East, a distance of 347.79 feet; THENCE North 90°00'00' East, with the common line of said Lot 9 and Lot 10R, a distance of 18.98 feet, to the intersection of said common line with the west line of a variable width Sanitary Sewer Easement, recorded in instrument No. D216211013, Official Public Records, Tarrant County, Texas; THENCE over and across said Lot 9, the following courses and distances: South 0°00'00"West, with said west line of the sanitary sewer easement, a distance of 33.79 feet to the POINT OF BEGINNING; South 90°00'00" East, crossing said sanitary sewer easement, a distance of 34.99 feet to a point for corner in the east line of said sanitary sewer easement; South 0°00'00" East, with said east line, a distance of 7.50 feet to a point for corner; North 90'00'00"West, crossing said sanitary sewer easement, a distance of 34.99 feet to a point for corner in said west line of the sanitary sewer easement; North 0°00'00" East, with said west line of the sanitary sewer easement, a distance of 7.50 feet to the POINT OF BEGINNING and containing 262 square feet or 0.0060 acres of land. Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983. EXHIBIT "A" SANITARY SEWER EASEMENT ENCROACHMENT LOT 9 - HCA HEALTH SERVICES ADDITION OF W. MCCOWAN SURVEY, ABSTRACT NO. 999 � CITY OF FORT WORTH #' ' .. TARRANT COUNTY, TEXAS 1py IRDT �Q V. � �����.. �DAVID J. De WEIRDT Kimle * H®rn Q�. e�Qr 2- REGISTERED PROFESSIONAL. y�,, ESS„V��� 13455 Noel Road,Two oalleds orrkce Tel.No,(972)770-1300 5 R Tower,Suite 700,Dallas,Texas 75240 FIRM#10115500 Fax No.(072)239-3820 LAND SURVEYOR NO. 5066 david.deweirdt@ltimley-horn.com { Swo o DND CheckedOtte oedNo. 5heel y NIA DA1D DJDd❑ NOV 2020 0678p64pp 1 OF 2 DRIdMMOND,DASHAWN 11/1 012020 S:05 AM K:)FTW SURVEM68004300.Al.HIANCE ASOM117808400_MED CITY—HCA_SS ENC_2.DVl1G -------------- NORTH I LOT 1OR P.O.C. � HCA HEALTH SERVICES ADDITION ————————— — —n zo ao II TN89 .so6EINSTNO. D2904 6637 0 O.P.R.T.C.T. GRAPHIC SCALE IN FEET I I XF — — — — — — — II MT - -,------------ ----._.._..._- P.O.B. (GI m kla I I S90'00 017— — LOT 1 R-1 R I I "' 34.99' SO'00'00"E 35'SANITARY HCA HEALTH I I SEWER EASEMENT NO'OO'OO"E �' 7.50' INST.NO.D216211013 SERVICES ADDITION I 7 50' O.P.R.T.C.T. INST. NO. D214123625 I I 0.0060 ACRES P.R.T,C.T, I I o, I I N90'00 00 W 262 SQ. FT. I I II 34.99' I I i VARIABLE WIDTH SANITARY HCA HEALTH SERVICES SEWER EASEMENT OF TEXAS, INC. I I o INST. NO,D216211013 VOL. 16373, PG. 418 I I of I I I ' O.P.R.T.C.T. LEGEND O.P.R.T.C.T. cr) I I ---— PROPERTY LINE MEDICAL CITY kl I I — ^^^ EASEMENT LINE ' I I I .O. EASEMENT ENCROACHMENT LINE .�� PC.=POINT OF COMMENCING P.O.B.=POINT OF BEGINNING W I I I I CM=CONTROL MONUMENT 26'PUBLIC ACCESS EASEMENT I I XF="X"CUT FOUND INST. NO.D219038797 I I I INST.NO.=INSTRUMENT NUMBER O.P.R.T.C.T. I li I k P.R.T.G.T.= PLAT RECORDS OF TARRANT COUNTY,TEXAS I I I O.P.R.T.C.T.=OFFICIAL PUBLIC RECORDS, kl I I TARRANT COUNTY,TEXAS I I 25'UTILITY&SERVICE I kEASEMENT RESERVATION HPIII FORT WORTH INST, NO.D203047767 ALLIANCE, LLC II I ( O.P.R.T.C.T. (INST. NO. D220185595) li I I k O.P.R.T.C.T. LOT 9 �I HCA HEALTH WATER EASEMENT I —F I I SERVICES ADDITION INST.NO,D216211015 I I II I I INST. NO. D220060983 P.R.T.C.T. I I I I O.P.R.T.C.T. II II I j I EXHIBIT B SANITARY SEWER EASEMENT �I I ENCROACHMENT LOT 9 - HCA HEALTH SERVICES ADDITION NOTE: OF W. MCCOWAN SURVEY, Bearing system based on the Texas '�P�• .• 7L ' ABSTRACT NO. 999 Caardinate System of 1983, North CITY OF FORT WORTH Central zone (4202), North American .. TARRANT COUNTY, TEXAS Datum ofisl33. DA..D. .•EIRDT ..60....ti: .. Kimle * HornDAVID J, De WEIRDT � 1REGISTERED PROFESSIONAL /j/�'•., �SS ,�0 3455No ,Tlfce , 770.13 LAND SURVEYOR NO.5066 800 E Tower,Guile 700,DaOes,Texas 75240 FIRM Y 101165W Fox No.(972)23"820 david,deweirdt@kimley-horn,com 1 tale Drawn by Checked 6v oa a proiecLNo, Sheol No. 1•=40' DMD OJD NOV2020 I 0670OB400 20F2 DRUMMOND,DASHAWN 11118120209:05 AM K:1FTV%L SURVEYW69904300-ALLIANCE ASCW67808400_MED CITY—HCA—SS ENC_2.443 I I T s NORTH SANITARY SEWER EASEMENT ENCROACHMENT E7(TENTS - c~i I { GRAPHIC SCALE IN FEET ;L HCA HEALTH 0 50 10❑ 200 o II I SERVICES ADDITION LOT 9 13z " I 10ZLu -I — I I aII+ � I I �I I I dl I I I �� I II I I i i I I I j I I IN I I I I I{I I I I I I I I In I I I I I I I I I III I I / ♦ / / /� // ------------------ ♦ \ \ ALLIANCE ASC VICINITY MAP 12l1712020 Kimley>*Horn I EXIST.8" f SANITARY:! ; PROP.2'ATMOS GAS LINE (NAPMC SCALE INFMT SEWER<, J— PROP.GAS METER 15 30 40 PROP,2`PRIVATE GAS LINE svp I F— III-- — 9.31 I ENCROACHMENT I D EXTENTS(262 SEI i i 20.2' I ' I EXIST.39 SANITARY I PROP.7.5' I I SEWER EASEMENT I GAS LINE I PROPERTY EASEMENT I I I I LINE l' �� I _ Lu I. AIL I Lu PROP. I 700 I GRADE L 1700 ILU EXIST. I GRADE I PROP. I I GAS o METER M I EXIST.35'.SANITARY 696 I SEWER EASEMENT I 696 �. . I I I I PROP.2" I PROP.2' ATMOS I PRIVATE I GAS LINE GAS LINE I I I ENCROACHMENT I EXTENTS 692 692 W � z l I Q I I I I I I I I I sea ( I I I sas � l I I I I I r EXIST,6' SANITARY I I SEWER I I fi64 i i i 684 ALLIANCE ASC ENCROACHMENT EXHIBIT SANITARY SEWER AND GAS LINE CROSSING 12/17/2020 Kimley>»Horn EXHIBIT D Certificate of Insurance Tier 11 Easement Encroachment Agreement Page 13 of 13 Revised 11/2020 67545361v.2