Loading...
HomeMy WebLinkAboutContract 56562 Date Received: 10/28/2021 Permit Number: PN21-00130 Time Received: 2:20 pm City Secretary No: 56562 PUBLIC PROPERTY RIGHT-OF WAY ENCROACHMENT LICENSE AGREEMENT TIER I 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 3400 WEST FREEWAY LP, a Texas limited partnership ("Licensee"), acting by and through its duly authorized President. RECITALS WHEREAS, Licensee is the owner of the real property located at 3400 Locke Ave, Fort Worth, Texas 76107 ("Property"), being more particularly described in the attached Exhibit "A" which is incorporated herein for all purposes; and WHEREAS, the City owns a sidewalk(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 the plat records of Tarrant County on December 31, 1889 on page 13 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 herein and at the location shown on Exhibit "C," but only to the extent shown thereon, for the purpose of constructing, installing, and maintaining five (5) canopies and one (1) staircase 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 Tier II ROW Encroachment Agreement OFFICIAL RECORD PN21-00130 CITY SECRETARY FT.WORTH, TX cause the Encroachment to further infringe in or on the Public Property beyond what is specifically described in Exhibit "C" without the prior written approval of the City. 2. 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. 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 for its review and approval within thirty (30) days. 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, if required, 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 written option of (to be delivered within ten (10) business days after such termination) 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- Tier H ROW Encroachment Agreement Page 2of15 PN21-00130 Revised 11/2020 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 any and 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 tee in the sum of Seven Hundred Dollars ($700.00). 7. The term of this Agreement shall be for thirty (30)years,commencing on the date this Agreement is executed by City and ending thirty (30)years thereafter. However,the City may terminate this Agreement upon Licensee's noncompliance with any of the terms of this Agreement; provided that the City shall first 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 then 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. S. 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 simultaneously accommodate both the Encroachment and the public purpose. Tier H ROW Encroachment Agreement Page 3of15 PN21-00130 Revised 11/2020 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 HIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT 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, EXCEPT AS CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED GROSS 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 TO THE EXTENT 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 $1,000,000 with the understanding and agreement by Licensee that such insurance amounts may be revised upward at City's option to accommodate commercially reasonable increases in insurance rates 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 the Encroachment and restoration of the Public Property. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors, if any. Tier H ROW Encroachment Agreement Page 4of15 PN21-00130 Revised 11/2020 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. is. 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 ROW Encroachment Agreement Page 5of15 PN21-00130 Revised 11/2020 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, or any successor, 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. Foreclosure by a secured lender of a Licensee or assignment to a secured lender by such 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 such Licensee's rights and obligations hereunder. However,no change of ownership due to foreclosure or assignment to any secured lender of a 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 11 ROW Encroachment Agreement Page 6 of 15 PN21-00130 Revised 11/2020 [SIGNATURES APPEAR ON FOLLOWING PAGE] Tier H ROW Encroachment Agreement Page 7 of 15 PN21-00130 Revised 11/2020 City: Licensee: 3444 We re way, LP, CITY OF FORT WORTH a Texa it panne By:DJ Harrell 27,2021 09:59 CDT) BY D.J. Harrell,Director of the Name: Nolan Bradshaw Development Services Department Title: Manager Date: Oct 27,2021 Date: a Y 0FORr0000000 4( d F11.0 ~ 004 d ATTEST: o o 0. ° Approved As To Form and Legality ° ° d 0000000 Ronald A. Gonzales, Acting City Thomas Royce Hansen Manger, City of Fort Worth Assistant City Attorney Date: Oct 27,2021 Ordinance No. 24161-04-2020 Date: Oct 26,2021 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. G� z �a�.rstta� (J Janie S. Morales Date: Oct 26,2021 Development Services OFFICIAL RECORD CITY SECRETARY Tier II ROW Encroachment Agreement FT. WORTH, TX Page 8 of 15 PN21-00130 Revised 11/2020 ***TMS PAGE FOR CITY OF FORTOR 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 27th day of October . 20 21 . Digitally signed by Wendy oPRvpUe/ WENDY L BEARDSLEE Wendy Beardslee = Notary Public +®* STATE OF TEXAS Beardslee Date:2021.10.2712:52:54 NT9r �+� Notary I.D. 13323719-3 05'00' FOF� My Comm.Exp.July 28,2025 Notary Public in and for the State of Texas After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier U ROW Encroachment Agreement Page 9 of 15 PN21-00130 Revised 11/2020 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of on this day personally appeared,Nolan Bradshaw duly authorized developer 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 3400 West Freeway LP, a limited partnership, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2.5-"4day of aA*.r', ee- 20 21 o SARAH BOLANDER 2pt�VPue° NOTARY PUBLIC No ry Public in and for the s � STATE.E TEXAS q'FaF ` MY COMM.EXP.08/03/24 State of_TA-.* NOTARY ID 13260088-0 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II ROW Encroachment Agreement Page 10 of 15 PN21-00130 Revised 11/2020 EXHIBIT A Legal Description of the Licensee's Property Tier H ROW Encroachment Agreement Page 11 of 15 PN21-00130 Revised 11/2020 EXHIBIT"A" LEGAL DESCRIPTION OF THE LAND TRACT ONE: All that certain 0.1467 of an acre of land,described in the deed to The 2014 G.P.Newbern Schneider,or her successors, as Trustee of The 2014 G.P. Newbern Schneider Revocable Trust, recorded in Document No. D214156501,in the Official Public Records of Tarrant County,Texas(O.P.R.T.C.T.),a portion of that tract of land also described as Tract 4-02 in the Quit Claim Deed from the State of Texas to Kathryn Shepherd, recorded in Document No. D203317110,O.P.R.T.C.T., and the remainder of Lots 1-5, Block 19,of Brooklyn Heights Addition,recorded in Volume 63,Page 13, of the Plat Records of Tarrant County, Texas,City of Fort Worth,Tarrant County, Texas and more particularly described by metes and bounds as follows: (all bearings shown hereon are based on said Tract 4-02.) Beginning at a TXDOT monument found for the southwest corner of the herein described tract, in the north right-of-way line of Locke Avenue(a 60'right-of-way); Thence North 00'47'00".East- 7.12'to a TXDOT monument found for the northwest corner of the herein described tract, in the south right-of-way line of Interstate Highway 30(a variable-width right-of-way); Thence North 76' 57' 00" East, along the south right-of-way line of said Interstate 30, passing a TXDOT monument found for the northeast corner of said Tract 4-02 at a distance of 164.78', and continuing for a total distance of 196.00'to a bent 5/8" iron rod found for the most westerly corner of the southwest cutback at the intersection of the south right-of-way line of said Interstate Highway 30 and the west right-of-way line of Photo Street(a 5 F right-of-way); Thence South 51°26'00"East- 12.25'along said cutback to a 5/8"iron rod found for the most northeasterly corner of the herein described tract, in the west right-of-way line of said Photo Street; Thence South 000 50'47" West-47.4 P along the west right-of-way line of said Photo Street, to a 1/2" iron rod with a cap stamped"Spry"set for the southeast corner of the herein described tract, in the north right-of-way line of said Locke Avenue; Thence North 88'57 00"West-passing at a distance of 40.00'a TXDOT monument found for the southeast corner of said Tract 4-02,continuing along the north right-of-way of said Locke Avenue for a total distance of 199.95'to the Point of Beginning and containing 0.1467 of an acre of land. TRACT TWO: All that certain 3,085 square feet of land,out of the following tracts to the State of Texas,recorded in Volume 7520, Page 2214; Volume 7821, Page 332; and Volume 7838, Page 775 in the Deed Records of Tarrant County, Texas (called D.R.T.C.T. hereafter), out of Lots 1 thru 8, Block 19, Brooklyn Heights Addition, recorded in Volume 63, Page 13, in the Plat Records of Tarrant County, Texas, in the T. White Survey, A- 1636, City of Fort Worth, Texas and more particularly described by metes and bounds as follows: BEGINNING at a Texas Department of Transportation(called TXDOT hereafter)monument found for the southwest corner of Tract 4-02, described in the quit claim deed from the State of Texas, recorded in Document Number D203317110 D.R.T.C.T.,common to the most southerly southeast corner of the herein described tract, in the south line of said Block 19, Brooklyn Heights Addition, common to the north right- of-way line of Locke Avenue(60' R.O.W.); (1)THENCE North 88' 57' 00" West- 120.00' along the north right-of-way line of said Locke Avenue, to a 1/2" iron rod with a cap stamped "SPRY 5647" set (called 1/2" iron rod set hereafter) for the southwest corner of the herein described tract, at the intersection of the north right-of-way line of said Locke Avenue and the east right-of-way line of Smiley Street(60'R.O.W.); (2)THENCE North 00'47'00" East- 7.69'along the east right-of-way line of said Smiley Street,to a 1/2" iron rod set for the northwest corner of the herein described tract and the beginning of an Access Denial Line being 322.45 south of and at right angle to centerline station 208+70.08 of Interstate Highway 30,which General Warranty Deed With Vendor's Lien—Exhibit"A" is a point on a curve to the left, in the proposed south right-of-way line of Interstate Highway 30, having a central angle of 07'57' 16", a radius of 1812.00' and a chord bearing and distance of North 82' 21'04"East-251.36; (3)THENCE along said curve to the left, along the proposed south right-of-way line of said Interstate Highway 30, an are distance of 251.56' to a 1/2" iron rod set for the end of curve; (4)THENCE South 11°37'3 5"East-3.00' continuing along the proposed south right-of-way line of said Interstate Highway 30,to a 1/2" iron rod set for a point on a curve to the left,having a central angle of 01° 53' 39",a radius of 1815.00'and a chord bearing and distance of North 77'25'36" East- 60.00; (5) THENCE along said curve to the left, continuing along the proposed south right-of-way line of said Interstate Highway 30,an arc distance of 60.00'to a 1/2" iron rod set and the end of the Access Denial Line being 279.30' south of and at right angle to centerline station 211+67.28 of Interstate Highway 30, for the end of curve, in the projected southwest right-of-way cutback line at the intersection of the proposed south right-of-way line of said Interstate Highway 30 and the west right-of-way line of Photo Street(a 51` right- of-way); (6)THENCE South 51'26'00"East-3.36'along said project southwest right-of-way cutback line to a 5/8` iron rod(bent),found for the east corner of the herein described tract,in the existing south right-of-way line of said Interstate Highway 30(R.O.W.)Varies; (7)THENCE South 76' 57 00"West along the existing south right-of-way line of said Interstate Highway 30, passing at a distance of 31.22'a TXDOT monument found for the northeast corner of said Tract 4-02, continuing along the existing south right-of-way line of said Interstate Highway 30 for a total distance of 196.00' to a TXDOT monument found for the northwest corner of said Tract 4-02, common to a point of corner of the herein described tract; (8)THENCE South 00' 47 00" West- 7.12'to the POINT OF BEGINNING and containing 3,085 square feet of land. General Warranty Deed With Vendor's Lien—Exhibit`B" -WW7 s - ao 0 �1 i ..�dftW id - �- AR - �. R J � TJ 5 It 13 ' o k a o CD FMLMkL t � ML EXHIBIT B Depiction of the Public Property Tier H ROW Encroachment Agreement Page 12 of 15 PN21-00130 Revised 11/2020 A CERTIFIED COPY a w ATTEST ' MARY L Te 3Y: Deputy A y h 6 b < < q� b b e b V < b 4 < • '^ 6 b 6 Q q b 'O N•- V h Q 6 e b a a a a a a a t ! q 2 q q t t • a a x a 2 A a < a a a a i a a t a N + 4 r a a a b a R a a t t L K^ a I _a^ayll a a a b a a ` • z b a a b a t I ` a a a a a 4 ; A R I A a • a ♦ a ♦ a t I 1 \ V � .51L'w.aawr ♦ w as s>� b e b a 6 a a b b e 0 b e b b q b b b b R q a a• a a a a � D � D q a y a � a ! kL W-41 IN N A ♦ A i b a � ; � A • w t, I i y LAua.� Srxr;r. 9 ar a b a ♦ b a V � + v a 8 � `• �i ` b t < q < q < e b 4 w II a \ y n w x < < q < a r < w a < a ♦ a a a A a a < � a ^ a ! A � €.� � ,pipp,A. � A�, �ne� �'� � '� � �• � � � �'� " I � IC `a y i. A � � I . • IJ EXHIBIT C Depiction and description of the Encroachment Tier H ROW Encroachment Agreement Page 13 of 15 PN21-00130 Revised 11/2020 COPYRIGHT 0 CORNERSTCNEPRM _rz f SMILEY STREET - i !_ m < - - - i � - � � © » � \ t ^ V i | i 4 - i _ | - � i > * , i � � • � i - i \ j ^- , § Zm - ; i 3 & PHOTOAVENUE* \ - : V^NT\�,\{{IRE Cornerstone .16 !» w m= mac GROUP COPYRIGHT©CORNERSTONE PROJECTS GROUP LLC =�Im �$lo 9 0o s m to I I I o- I e I •I� .�•. O a° I m r m� n m � plA c, I I I I I I I I I I I I T h ..� m m m `xp m - - - - m IIII I I I I I I I I I I ;�g e4n D IIIIIIIIIII I ��a $ g & -�� " m r " IIIIIIIIII I �� $F� ........ I I m . n m g m m e m I i T i T I i t I I I I I I II I I I I I I 141 Y I �A €z I yR FNI I I I :N I I I M I I ( I I I I I I m � _ 1 r� - y I �I I I I I I II I I I I I I II I I I I I I I I I I I IIIIIIIIIIII 111 =e I I I I I I fl 111111111111111a9 I I I I I I � I I I I I I I I I I I I I I 11 0o I I I Y I I Y I IIIIIIIIIII I II�:� I I I I I I IIIIIIIIIII I I I I I I I I I I I I I I I I 1° I I I I I I I I I I I I ID - - - 1 - 1 -1 - 1 -1 19 I I I I°ID ;m D s, a ----- ----_----- -- ----- -- -- --- - D + _ m � � I I I p mm m I I I I Io m- Io � 1 & 1 b1 & 1 b14� 11 rrnm' I I I I I Ip 1p I� �F � J_ I F - 5 VANTAGE CENTRE m� ■ - 3400 LOCKE AVENUE _ - Cornerstone j f = PROJECTS GROUP FORT WORTH,TEXAS 75107 - a 000* p opO.D oo° S p U1 D d °o<° ° �9 Z c' o z o p pGo m m O�O°-1 6 Q O o �,l�o a U % ti C 0�O OC70 O n < �OR7 6) oZ7o c80 O D O O p p O D o r m m a, Cow a�oo��o°Tl Z z z z z z z p m c D o m O N 'n' o�o T O � > o 0 � � m < � o O O D� CCO o� °O °�o -1 W O mOC o o cno* NO ,Zmj Z Z cn N 0 p L O Z 0 m p z N Z z m m om O z i p A z Tames = m D D D y O Z > 70 CAZ J0 G rt m Z O l0 �7 XO z n Nc m Zo > d S p p O O O p 0 Z C Z O a 3 Z7 Z m �_,—'^ . cn N T c m cn i j F D X a m O c N Z r Q o o n 7p.7 Z N p o C� r n Z D Z moo D Or f m G(n m `� ❑ ® G7 O p 0 a �E m a J o K D < 70 m F- D O D x X fTl z r D (n m D N a m O G7 Z �l � = z r � X = m z m v D D Dom -u � o o FT1 m Z O� p0 0 o m X < =(n QO $m v m m m z o O O (n z0 f Q O = m m z CNN Ozz v m )� A r ogm O� m Q 00 omO W iTl ➢ _ m m Q C smn�' m NOD 3 n Dm Wco JDD c,, Q01GD n CD O � 1�� XD mm �m� O F�1 ''1 O UI (o p- O O O an 2 OCA m to O 0m W 12 0 m1 co y�o= O = �p (o c,� -0-m-1 O smn° O �© �z D ooT z =o y o mN p T t) X s�f m �Op= Ns .i p=m as x-x-x ZO �ZfZIN ?�� f FENCE Oz poop p v x 35.6' a, N m-0 V o 0m0Z7m W z 0 m C° D o zm0< $ 5.0' tv �H CO Ili m 3 N m z O N c D C� 11-y m n Z\ N O J O] N art CA N S 00 50'47" W W O o m p Z p� OD m 41 JCn 0 D o PHOTO STREET 3 ©cn EmzAU O (51 R.O.W) R1 c 10 , ^ oomo0,0 J m ?r-o0 O y z r r Q m cm om D o o <D Zn < o zzZ O Cr CD 0� 3 z o Q C O � FTI o `m _ m OJ z X ITI O O � � n � X o m � z N rn r O O 0 0o et 00 fT1 r7l 3N ? C EXHIBIT D Certificate of Insurance Tier H ROW Encroachment Agreement Page 14 of 15 PN21-00130 Revised 11/2020