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HomeMy WebLinkAboutContract 58473 Date Received: 11/17/22 Record Number: PN22-00164 Time Received: 9:33 a.m. City Secretary No.: 58473 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT 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 Mercantile Partners, LP, a(n) Texas limited partnership ("Licensee"), acting by and through its President. RECITALS WHEREAS, Licensee is the owner of the real property located at 2500 Sylvania Cross Dr. and 3901 North Sylvania Ave.,Fort Worth,Texas 76137("Property"),being more particularly described in the attached Exhibit G°A"which is incorporated herein for all purposes; and WHEREAS, the City owns a drainage easement and a sewer easement (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 as plat number FS-22-127 and as document No. D222244652; 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 a private storm drain (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within the Public Property. Licensee shall not expand or otherwise cause OFFICIAL RECORD CITY SECRETARY Tier 11 Easenient Encroaclmient Agreement FT.WORTH,Tx Page 1 of 13 Revised 11 2020 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 the Water Department, the Director of the Development Services Department or their Tier 11 Easement Encroachment Agreement Page 2 of 13 Revised l 1,'2020 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 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. 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. 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 accommodate both the Encroachment and the public purpose. 9. Tier 11 Easement Encroachment Agreement Page 3 of 13 Revised I I?2020 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 $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 "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. 11. Tier 11 Easement Encroachment Agreement Page 4 of 13 Revised 1112020 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. B. 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. Tier 11 Easement Encroachment Agreement Page 5 of 13 Revised I Li2020 17. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. 18. Licensee covenants and agrees that it will not assign all or any of its rights, privileges, or duties under this Agreement without the written approval of the City, and any attempted assignment without such written approval shall be void. In the event Licensee conveys the Property, Licensee may assign all of its rights and obligations under this Agreement to the new owner of the Property, and Licensee shall be deemed released from its duties and obligations hereunder upon City's approval in writing of such assignment, which approval shall not be unreasonably conditioned or withheld. Foreclosure by a secured lender of Licensee or assignment to a secured lender by Licensee in the event of default or otherwise shall not require City approval provided that said lender notifies City in writing within sixty (60) days of such foreclosure or assignment and assumes all of Licensee's rights and obligations hereunder. However, no change of ownership due to foreclosure or assignment to any secured lender of Licensee shall be effective as to City unless and until written notice of such foreclosure or assignment is provided to City. 19. 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 [SIGNATURES APPEAR ON FOLLOWING PAGE1 Tier 11 Easement Encroachment Agreement Page 6 of 13 Revised I1+2020 City: Licensee: CITY OF FORT WORTH Mercantile Partners, LP a Texas limited partnership by: Mercantile Corporation of Fort Worth a Texas corporation its general partn By:DJHarrell(Nov 17,202208:32CST) By: D.J. Harrell, Director of the Name: Brian L Randolph Development Services Department Title: PPresident Date: Nov 17,2022 Date: 11 7� �p000 F°Rr ao o °ooao o ATTEST: d°° o-=d Approved As To Form and Legality o� °° 7R.ititgff8'S. C�OO��i ����nEXA`obap Jannette S.Goodall(Nov 17,2022 09:33 CST) Jannette Goodall, Thomas Royce Hansen City Secretary Assistant City Attorney Ordinance No. 241 6 1-04-2020 Date: Nov 17,2022 Date: Nov 16,2022 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. Mehl-Till'/ Matt Tilly(Nov 16,202212:31 CST) _ (on behalf of) Janie S. Morales Development Services Date: Nov 16,2022 OFFICIAL RECORD CITY SECRETARY Tier 11 Easement Encroachment Agreement FT.WORTH,TX Page 7 of 13 Revised 1112020 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 17th day of November Digitally signed by Biehson Bichson Nguyen BICH SON THI NGUYEN NguyenDate:2022.11.17 1�9 Notary Public 08:48:40-06'00' STATE OF TEXAS Notary I.D. 133389224 Notary Public in and for the State of Texas My Comm.Exp.Oct. 13,2025 After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth,Texas 76102 Tier I1 Easement Encroachment Agreement Page$of 13 Revised 11 2020 STATE OF � ( § COUNTY OF f_{a — BEFORE ME, the undersigned authority, a Notary Public in and for the State of on this BEFORE ME, the undersigned authority, a Notary Public in and for the State of 1?.)L , on this day personally appeared Brian L Randolph, President (Title) 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 Mercantile Partners, LP, a Texas limited partnership (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this S day of l 04 , 20 a a . -- ""'�� PAULA C.JAIME Notary Public in and for the ��: ^Notary Public, State of Texas '�� ��� Comm.Expires 08-18-2024 State of��1r`a5 %`'o* ``� ,,,,,,,�. Notary ID 126883682 Tier 11 Easement Encroachment Agreement Page 9 of 13 Revised 1]r'2020 EXHIBIT A Legal Description of the Licensee's Property A tract of land situated in the Mary Johnson Survey, Abstract No. 858, City of Fort Worth, Tarrant County, Texas; said tract being part of that tract of land described in a General Warranty Deed to Mercantile Partners recorded in Volume 11752, Page 190 of the Official Public Records of Tarrant County, Texas. Tier 11 Easement Encroachment Agreement Page 10 of 13 Revised 1 I Q020 EXHIBIT B Depiction of the Public Property Tier 11 Easement Encroachment Agreement Page I 1 of 13 Revised 1 U2020 , SGQtrNTA,• TARRANT COUNTY TAX OFFICE W ND'Y'13URG1 SS 100 E.Weatherford,Room 105•Fort Worth,Texas 76196-0301•917-884-1100 'ti c Tax Assessor-Collector taxoffice@tarrantcounty.corn • ,t In God We Trust TAX CERTIFICATE FOR ACCOUNT:00007408595 DATE: 10f712022 1 OF 1 AD NUMBER: A 858 9C 20 FEE:$10.00 CERTIFICATE NO: 89704031 PROPERTY DESCRIPTION COLLECTING AGENCY JOHNSON,MARY SURV 8A WENDY BURGESS T 858 TRACT 9C& 10G PO BOX 961018 FORT WORTH TX 76161-0018 0003900 NQRTH REQUESTED BY 43.567 MERCANTILE PARTNERS PROP R Y OWNRA MER =LVD ERS 2650 MEACHAM BLVD FORT WORTH TX 761374203 650 M T WORTH TX 761374203 YEAR TAX T AMOUNT DUE Al 2022 CITY OF FORT WORTH $0.00 2022 Tarrant County $0.00 2022 TARRANT REGIONAL WOR S $0.00 2022 JPS HEALTH NETWO $0.00 2022 TARRANT COON LL G $0.00 2022 FORT WORTH IS $0.00 TOTAL 0.00 ISSUED TO MERCANTILE P TJ nEACCOUNT NUMBER: 000074 5 TOTAL CERTIFIED T - 0. As Deputy T s ss ct r for Tarrant County, 1 do hereby certify pursuant to Texas Property Tax Code Section 31.08 that the delin a to 'Cos, ena 1es and attorney fees due for only the above described property are as listed below according to the rent t re r ditional taxes may become due on the described property,which are not reflected herein,if the said sc ed pr e h s or is receiving any special statutory valuations that may trigger tax rollback provisions and other change to ap ai al roll made subsequent to the issuance of this certificate. This certifica Ies to ad valorem taxes only and does not apply to any special assessment levies. Deputy • .6 IIIIIIIIIIIIIIl1111111111Nllllllllllllllllllllllll111111111111111111111111 �9° D222244662 1010712022 12:14 PM Page: 1 of 2 Fees: $68.00 ��� tPLAT 8UBMITTER:PACHECO KOCH LLC :ice B dQe�gR444 MARY LOUISE NICHOLSON CCUNTYCLERK D222244652 Page 2 of 2 POW VWMTYMAP `..L"�}9�' ��' Fes_''. .:-'.�•,:'�''�...�� �.,m " � 4jFF� nnrRamn j to...e.... i � - _ - -••—_ _"r�_...wZ:dW''Y�.."..:�'�:,.,':_. zt I fw, n �.,7. _ ��...:'71.. -_•:L Tom,: - - - u.M�O�AGu I neell a[rAfvan�Y �F� _ - .,. .... w`S'�`^+.�.... �•-....+r... - usewve7r.nu.rr rsYe l+a"v.'3`iiu.�i w i .,.,,, I H - �_—_ ..._......-�..��-- �M��•.,..u..,............as .i nwr,....«. FF ! O F Iv S '•�... 'M.'�i.....r._.�.wo... �-n,°n "nw""-'�....��.w x...+•«....r..r ti�� �s m�-]io� �I �1 "�"�...-y .,,r....,..........�«...•ii .....���5"�1r�:y..��e'Sd���"F.�. iiF Ev ��' � R .� �` R�_r.,.�: �.¢eZ V ram; •.�t1�...Sa!�L.� ` j" •`l<�` lo�V .a ra... ..,.,.. ,. m-. f''hRL KAY LOTS 1 BLOCK 10, e MERCANTILE CENTER r ADDITION A 42M2 M A- ? ^'� LGIINFI llPtR 104tE0.WN0 e`"`d,c dl��TIC�V`�r` yy[ i/.9x5~CgMfY n.r+cc emu..ooa..,.,�.,.,.a. i v[ ', '�`.5�,."..�;►":, wes t e x eiaa ro _HPa06C0 Koch w 1 RU CASE xo.rs-22-172 _ EXHIBIT C Depiction and description of the Encroachment Tier 11 Easement Encroachment Agreement Page 12 of 0 Revised 1 1 2020 I 300 6., GRAPHIC SCALE IN FEET N. SYL VANIA AVENUE fA 120-FOOT WIDE RIGHT-OF-WAY) EX-B m C 3 - LOT 2 I X r, O \ I = f w p a - - BLOCK 10 -\ \ram -�- - -- - 42.982 ACRES...... tp ao 7 Q - EX-A PART OF to w Q e ~MERCANTILE PARTNERS !' (VOL. 11752, PG. 190) 1 wk LOT 1 Ln CV \\ cn a V X 0 o 4 U NORrH F W r9EE WA Y y � U ¢ � J r4 W N ° C�Q�C�G�1C�nM� C��(��OO L1C�[nlfi�L nM4�S -'j'i OVERALL SITE PLANCD Q o Pacheco Koch 4060 BRYANT IRVIN ROAD k FORT WORTH,TX 16109 a Westwood company 817.412.7155 Q o TX REG. ENGINEERING FIRM F-469 DRAWN BY I CHECKED BY SCALE DATE JOB NUMBER o TX REG. SURVEYING FIRM LS-10008001 MKB/SDC MFW 1"=300' 09/29/2022 2406-21.593 ENCROACHMENT AREA 0 20 40 80 PROPERTY LINE GRAPHIC SCALE IN FEET EXIST. PUBLICI 10" SEWERLINE X-11226 EXIST. PUBLIC 8" WATERLINE EXIST. PUBLIC o X-11226 60 STORM — — -- -- — — — — c� DRAIN G ` T o Z X-1559 - M t m — W ¢ © I� — PRIVATE STORM DRAIN EASEMENT ENCROACHMENT (170 SF) = w w Q � � C 0 co Z ::71 w Qf PRIVATE 42" Lo z y STORM DRAIN Z Q O U zw t w U �. �` 00 Q (/? pl) Q _ ~ 6) W Li 04 "l� v 0 Ilk m EI Ilk N� W N MUMMY EMBOACHNIEH7 PLAM doIEM N � ," EXHIBIT "Alp CD Pacheco Koch 4060 BRYANT IRVIN ROAD k FORT WORTH,TX 76109 a wElstwood company 817.412.7155 a o TX REG. ENGINEERING FIRM F 459 DRAWN BY I CHECKED BY SCALE DATE JOB NUMBER 0 TX REG. SURVEYING FIRM LS 10008001 MKB/5DC MFW 1"=40' 09/29/2022 2406-21.593 I E G = N t= (4 ENCROACHMENT AREA O 20 40 80 PROPERTY LINE GRAPHIC SCALE IN FEET EXIST. PUBLIC I 8" SEWERLINE (X-09531) o 0 10' SANITARY SEWER EASEMENT } ui SHOWN ON CITY PLAN NO. X-09531 Ln (NO RECORDING INFORMATION FOUND) I w EXIST. PUBLIC I PRIVATE STORM DRAIN z 24"' STORM DRAIN k E CHMENT OORO� m (K-1365) ( ) _ U ¢ I Oof i Lu 1 z EXIST. PUBLIC C I -., Lu z 124"' STORM DRAIN Q (K-1365) 3 i PROP. PRIVATE 24" Ld STORM DRAIN Ln' O I � Lu CN X ,in y I Oco LOT 2 o i co N 0 I y r7 � il) y. U W Lq 1 }p I h � 0 m N M N CQ�Ci1Ca� C nMC�QOQC�a�,tl�M4 p�GQU�] MOCK EXHIBIT "B" Q ¢NO Pacheco Koch 4060 BRYANT IRVIN ROAD FORT WORTH,TX 76109 '12 Ia Westwood company 817.412.7155 < TX REG. ENGINEERING FIRM F-469 DRAWN BY I CHECKED BY SCALE DATE JOB NUMBER 0- TX REG. SURVEYING FIRM LS-10008001 MKB/SDC MFW 1"=40' 09/29/2022 2406-21.593 0 20 40 80 HORIZONTAL SCALE IN FEET 0 2 4 8 VERTICAL SCALE IN FEET 620 �620 0 615 615 Ef IT- o — E CR A H EN P R_�J_ Q m X W OL z - - '� 610 - Ex sT-1 OR-O a- 610 U a o / a U z i W z w PROP. W E INL T U) ¢ M 605 605 N 0 P- Q S D. Rl_ AT V 42" TO M PIP m Ilk Q = 600 600 X Q o � N o yM U W J +1595 i 595J o� 0+00 1+00 o EXHIBIT "Arn N Pacheco Koch 4060 BRYANT IRVIN ROAD FORT WORTH,TX 76109 W ¢ `� 817.412.7155 N a Westwood company � ca ¢ o TX REG. ENGINEERING FIRM F-469 DRAwN ev CHECKED By SCALE DATE JOB NUMBER N TX REG. SURVEYING FIRM LS-10008001 MKB/SDC MFW 1"=40' 09/29/2022 2406-21.593 0 20 40 80 HORIZONTAL SCALE IN FEET 0 2 4 8 VERTICAL SCALE IN FEET 620 620 Rc 0 CH E T P 005DGR UJ D 615 615 m _ _ E?IS-T NG G 0U D. x - W HGL z Li x Q 610 610 0 z I Z - W z -E-XF PuB I� CU B INL T a K-13 5) rn 605 PROP. P IV TE 24' 605 rn -STORN, D Al Ln N -� 'Lo E IS PUBLIC0 \J W 8' S E W RLINE EXI T. 8 SE WE C ROSSIN G C3 t m _ FL 604.85Ilk x 600 600 Q a �N o y uj J Q j Go 0 595 595 m 6, 0+00 1+00 44 N CQ�� iIC�Gv14 C�1C�G�30O LaC�aGn1C�J� pQOG�O�C d�CMI EXHIBIT "B"CD Q rn a 4060 BRYANT IRVIN ROAD a N Pacheco Koch FORT WORTH,TX 76109 N I a Westwood company 617.412.7155 a o TX REG. ENGINEERING FIRM F-469 ORAWN BY I CHECKED BY SCALE GATE JOB NUMBER uTX REG. SURVEYING FIRM LS-10008001 MK8/5DC MFW 1"=40' 09/29/2022 2406 21 593 EXHIBIT D Certificate of Insurance Tier 11 Easement Encroachment Agreement Page 13 of 13 Revised 1 I;2020