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HomeMy WebLinkAboutContract 47776 11 12 P 43 UIRECEDCRY 3ECR ARCONTRACT NU.co - W�OYT!' RIGHT OF WAY ENCROACHMENT AGREEMENT d , (COMMERCIAL) THIS AGREEMENT is made and entered into by and between the CITY OF FORT WORTH, a municipal corporation, acting herein by and through its duly authorized Planning and Development Department Director, hereinafter referred to as the "Lity", and ROANOKE 35/114 PARTNERS, L.P., a Texas limited partnership, hereinafter referred to as "Licensee", owner of property located at the intersection of Interstate 35W Frontage Road and Outlet Boulevard in Fort Worth, Denton County, Texas 76177. AGREEMENT 1. For and in consideration of the payment by Licensee of the fee set out below and the true and faithful performance of the mutual covenants herein contained, City hereby grants to Licensee permission to access, construct, install, repair, maintain, replace, and/or allow to remain, the improvement described below ("Improvement") that encroaches upon, uses and/or occupies portions of the space under, on and/or above the streets, alleys, sidewalks and other public rights-of way(collectively, "Public Right-of-Way"). The Improvement is described as follows: A shared two-sided illuminated freeway sign, electric crossings to illuminate the freeway sign, and irrigation crossings to serve and maintain the landscaping of a portion of the Public Right-of-Way surrounding the freeway sign, located on that certain City-owned median in the intersection of Interstate 35W frontage road and Outlet Boulevard. The location and description of the Improvement, the access and maintenance area, and the encroachment are more particularly described in Exhibit "A", attached hereto, incorporated herein and made a part hereof for all purposes (the "Encroachment Area"). Licensee shall not install any improvements within the access and maintenance area, except as otherwise provided herein. 2. All construction, maintenance and operation in connection with such Improvement, its use and occupancy shall be performed in strict compliance with this Agreement and the Charter, 2014 ROW Encroachment Agreement--Commercial—Project Sign B 0 FFICOAL REMD 2141138 CITY SECRETA r1cTV FT. W0RT1e 7,N Ordinances and Codes of the City and in accordance with the directions of the Director of Transportation and Public Works of City, or his duly authorized representative. All plans and specifications thereof shall be subject to the prior written approval of the Director of Transportation and Public Works, or his duly authorized representative, but such approval shall not relieve Licensee of responsibility and liability for concept, design and computation in preparation of such plans and specifications. 3. Upon completion of construction and installation of the Improvement and thereafter, there shall be no encroachments in, under, on or above the surface area of the Public Right-of-Way except as described herein and shown on the hereinabove referred to Exhibit"A". 4. Licensee, at no expense to City, shall make proper provisions for the relocation and installation of any existing or future utilities affected by the Improvement, its use and occupancy, including the securing of approval and consent from the utility companies and the appropriate agencies of the State and its political subdivisions. City acknowledges that it customarily takes into consideration the location of the Improvement when evaluating the potential relocation and installation of any existing or future utilities affected by the Improvement. In the event that any installation, reinstallation, relocation or repair of any existing or future utility or improvements owned by, 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 such encroachment and use, Licensee shall pay to City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works of the City, or his duly authorized representative. 5. City may enter and utilize the Encroachment Area at any time for the purpose of installing or maintaining improvements necessary for the health, safety and welfare of the public or for any other public purpose. In this regard, Licensee understands and agrees that City shall bear no responsibility or liability for damage or disruption of improvements installed by Licensee or its successors or assigns, but City will make reasonable efforts to minimize such damage; however, nothing in this 2014 ROW Encroachment Agreement—Commercial Page 2 2141138 Agreement shall preclude Licensee from pursuing any available remedy against City's contractors and subcontractors for damage to the Improvement caused by such contractor or subcontractor. 6. In order to defray all costs of inspection and supervision which City has incurred or will incur as a result of the construction, maintenance, inspection or management of the encroachments and uses 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 Three Hundred Twenty-Five Dollars ($325.00). Upon execution of this Agreement and annually thereafter, Licensee agrees to pay a fee in the amount of $.56 per square foot of the encroachment area for a total annual amount of One Hundred Eighty- Three and 12/100 Dollars($183.12). 7. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by City; provided, however, that (i) nothing herein shall preclude Licensee from requesting from City at any time an extension to the term of this Agreement, and (ii) this Agreement shall terminate upon the material non-compliance of any of the terms of this Agreement by Licensee. City shall notify Licensee of the material non-compliance and if not cured within thirty (30)days,this Agreement shall be deemed terminated, unless such non-compliance is not susceptible to cure within thirty (30) days, in which case this Agreement shall be deemed terminated if Licensee fails to commence the cure within thirty (30) days, or having so commenced, thereafter fails to proceed diligently to remedy the same. 8. Upon termination of this Agreement, Licensee shall, at the option of City and at no expense to City, restore the Encroachment Area and remove the Improvement encroaching into the Encroachment Area, to substantially the same condition as at the commencement of this Agreement, as reasonably acceptable to the Director of Transportation and Public Works, or his duly authorized representative, and in accordance with then existing Ordinances and Codes of the City and City specifications. It is understood and agreed to by Licensee that if this Agreement terminates and Licensee fails to remove the Improvement at City's request, Licensee hereby gives City permission to remove the Improvement and any supporting structures and assess a lien on Licensee's fee 2014 ROW Encroachment Agreement—Commercial Page 3 2141138 ownership in the median upon which the Improvement rests for the costs expended by the City to remove such Improvement. 9. It is further understood and agreed upon between the parties hereto that the Public Right-of- Way to be used and encroached upon as described herein, are held by City as trustee for the public; that City exercises such powers over the Public Right-of-Way as have been delegated to it by the Constitution of the State of Texas or by the Legislature; and that City cannot contract away its duty and its legislative power to control the Public Right-of-Way 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 Right-of-Way to be used for any other public purpose that does not preclude the use of the Encroachment Area for the Improvement, 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, the parties agree to negotiate in good faith in order to accommodate the Improvement in the Encroachment Area and the public purpose. 10. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain and locate the Improvement over or within the described Public Right-of-Way and is not a conveyance of any right, title or interest in or to the Public Right-of-Way 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 permission before occupying such property. 11. Licensee agrees to comply fully with all applicable federal, state and local laws, statutes, ordinances, codes or regulations in connection with the construction, operation, maintenance and use of the Improvement and the Encroachment Area. 12. 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. 2014 ROW Encroachment Agreement—Commercial Page 4 2141138 13. 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. 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. 14. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, SERVANTS AND EMPLOYEES, 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 SAID IMPROVEMENT AND THE ENCROACHMENT AREA AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, SERVANTS, OR EMPLOYEES, 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 ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR LICENSEES. 15. While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance, naming City as certificate holder, as proof that it has secured and paid for a policy of 2014 ROW Encroachment Agreement—Commercial Page 5 2141138 public liability insurance covering all public risks related to the proposed use and occupancy of Public Right-of-Way as Iocated and described in Exhibit "A". The amounts of such insurance shall be not less than the following: $1,000,000 Commercial General Liability with the understanding of, 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. Licensee agrees that it shall not cancel or amend such policy without at Ieast thirty(30) days prior written notice to the Building Official of the City of Fort Worth. A copy of such Certificate of Insurance is attached as attached as Exhibit "B". Upon request from City, Licensee agrees to submit a similar Certificate of Insurance annually to City on the anniversary date of the execution of this Agreement. Licensee agrees, binds and obligates itself, 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 Improvement from the Encroachment Area and the cleaning and restoration of the Public Right-of-Way. All insurance coverage required herein shall apply to and be maintained by all Licensees' contractors performing work on the Encroachment Area. 16. Licensee agrees to deposit with City when this Agreement is executed a sufficient sum of money to be used to pay necessary fees to record this Agreement in its entirety in the deed records of Denton County, Texas. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth,Texas. 17. In any action brought by City for the enforcement of the obligations of Licensee, in which the City is the prevailing party, City shall be entitled to recover interest and reasonable attorney's fees. In any action brought by Licensee for the enforcement of the obligations of City, in which Licensee is the prevailing party, Licensee shall be entitled to recover interest and reasonable attorneys' fees; provided, however, nothing contained herein shall ever be construed so as to require City to create a sinking fund or to assess, levy, and collect any tax to fund its obligations under this paragraph. 2014 ROW Encroachment Agreement—Commercial Page 6 2141138 18. Licensee covenants and agrees that it will not assign all or any of its rights, privileges or duties under this Agreement without the prior written approval of the Director of Planning and Development. Any attempted assignment without prior written approval will be void. Notwithstanding the foregoing, upon written notice to City, Licensee may assign its rights, privileges, and obligations under this Agreement to the Beechwood Business Park Association, a Texas non-profit corporation (the "Association"), pursuant to the City's form Assignment and Consent of Encroachment Agreement (which must be executed by and among Licensee, Association, and City to be effective), and may grant the users of the Improvement a sub-license to access the Encroachment Area for all purposes granted to Licensee hereunder, including such sub-licensee's rights to perform the obligations of Licensee and/or the Association pursuant to separate agreements between and among Licensee,Association,and/or such sub-licensee(s). 19. THE PARTIES AGREE THAT THE DUTIES AND OBLIGATIONS CONTAINED IN PARAGRAPH 8 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 20. This Agreement shall be binding upon the parties hereto,their successors and assigns. [Signatures on the Following Page] 2014 ROW Encroachment Agreement—Commercial Page 7 2141138 EXECUTED this/-) )�day of ,2016. CITY: LICENSEE: CITY OF FORT WORTH ROANOKE 35/114 PARTNERS,L.P., a Texas limited partnership By: Ci`- By: Roanoke 35/114 Genpar, LLC, Randle Harwoo ireckU a Texas limited liability company, Planning and De elopment its general p rtp By: William V. Boec er, Vice President ATTEST: Approved As To Form and Legality 4 ity Secl' t; Assistant Citi Attorney OFFICIAL RECORD CITY SECRETARY 2014 ROW Encroachment Agreement—Commercial FT.WORTH,TX 2141138 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 Randle Harwood, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she 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 thisj d -day of ,2016. EVEIYN VASAUEZ ?_ �= Notary Public.State of Texas My Commission Expires Notary Public in and for the August 04, 2019 State of Texas 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 William V. Boecker, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of Roanoke 35/114 Genpar, LLC, a Texas limited liability company, general partner of ROANOKE 35/114 PARTNERS, L.P., a Texas limited partnership, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this Ad ay of 12016. PAY FIV LA NETTA R.ADDY a e NOTARY PUBLIC STATE OF TEXAS +�,f * My Comm.Exp.02-27-2018 Notary Public and for the State of Texas 2014 ROW Encroachment Agreement—Commercial 2141138 EXHIBIT "A" IMPROVEMENT Outlet Blvd & HWY 35 Frontage Road Median 16.23'(194.786") 14'(169") f � � 14.08'(169.056") 3, 84.528" CHAMPIONS 35" CIRCLE -------------- ------------- ------------------ ------------------------------- =--=--=--------- 28„ - ------------------ ------------- TEN W 22.714' --_ 28" (272.57") __ 2. + +�FRJAT+ + +1�CIVA 28„ l 35' 2. + +T NAN + +T'�N�. . + _1 28„ + 1 2. + +TENMT+ + +TENAI�f,r + 28" 2. 28„ _ 4T - 24' - 180"(15') 60" ACCESS AND MAINTENANCE AREA i � m \30' EXISTING ESM'T & ROW / // \\ Z \(C/O LONE STAR GAS COMPANY) \VOL 3031, PG, 59 & / VOL 3044, PG 505 \ / / OUTLET BLV D.R.D.C.T h� LOCATION MAP S� y ACCESS & \ - MAINTENANCE �(/�, AREA ENCROACHMENT \ ��. AREA mal o � / F35.6 \ / / (5'x15' FREEWAY SIGN) \N, \ / 20' COSERV x EASEMENT / EXIST. 20' WTR ESM'T / o DOC. #96—R0043751 TXDOT ROW 5' EASEMENT FOR UNDERGROUND ACILITIES SOUTHWESTERN BELL TELEPHONE COMPANY INST. NO. 96—RO65863, 07R.D.C.T. 10' SANITARNSEWER EASEM LL BURY SIGN EXHIBIT - F35.6 777 Main Street,site 600 OUTLET BLVD 0 10 2D Fort Worth,Texas 76102 FORT WORTH, TEXAS Tel.(817)887-8104 Fax(817)887-8001 TBPE#F-1048 TBPLS#F-10107502 JANUARY 2016 SML. 1 6' Copyright©2016 BUFFY SIGN E-NCROACHMENT AREA GEORGE W. MAMMA SURVEY, ABSTRACT NO. i 9l CITY OF FORT WORTH, DENTON COUNTY, TEXAS BEING A 327 SQUARE FOOT (0.0075 ACRE) TRACT OF LAND SITUATED IN THE GEORGE W. SHAMBLIN SURVEY, ABSTRACT NO. 1191, CITY OF FORT WORTH, DENTON COUNTY, TEXAS, AND BEING A PORTION OF OUTLET BOULEVARD (100-FOOT PUBLIC RIGHT-OF-WAY) DEDICATED BY PLAT RECORDED IN INSTRUMENT NO, 2016, PAGE 1, OFFICIAL PUBLIC RECORDS OF DENTON COUNTY, TEXAS (O.P.R.D.C.T.); SAID 327 SQUARE FOOT TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 1/2-INCH IRON ROD WITH A PLASTIC CAP STAMPED "J. E. SMITH 3700" FOUND FOR THE MOST EASTERLY CORNER OF LOT 1, BLOCK 1, BEECHWOOD BUSINESS PARK, AN ADDITION TO THE CITY OF FORT WORTH ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET R, PAGE 152, PLAT RECORDS OF DENTON COUNTY, TEXAS(P.R.D.C.T.),AND BEING IN THE NORTHWESTERLY RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 35-W (A VARIABLE WIDTH RIGHT-OF-WAY) AND FROM WHICH A 1/2-INCH IRON ROD WITH A CAP STAMPED "HALFF" FOUND FOR AN ANGLE POINT IN THE COMMON LINE OF SAID LOT 1, BLOCK 1 AND THE REMAINDER OF A CALLED 187.34 ACRE TRACT OF LAND (TRACT 3) DESCRIBED IN A SPECIAL WARRANTY DEED WITH VENDOR'S LIEN TO ROANOKE 35/114 PARTNERS, L.P., RECORDED IN INSTRUMENT NUMBER 2007-21421, O.P.R.D.C.T. AND AN AFFIDAVIT TO CORRECT SCRIVENER'S ERROR RECORDED IN INSTRUMENT NUMBER 2014-96174, O.P.R.D.C.T., BEARS NORTH 59°42'35" WEST, A DISTANCE OF 1,084.91 FEET; THENCE, NORTH 59°42'35"WEST,ALONG THE NORTHEASTERLY LINE OF SAID LOT 1, BLOCK 1,A DISTANCE OF 58.61 FEET TO A 5/8-INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "BURY" FOUND FOR AN ANGLE POINT IN THE NORTHWESTERLY RIGHT-OF-WAY LINE OF SAID INTERSTATE HIGHWAY 35-W; THENCE, ALONG THE NORTHWESTERLY RIGHT-OF-WAY LINE OF SAID INTERSTATE HIGHWAY 35-W, THE FOLLOWING THREE (3) CALLS: 1. NORTH 30°21'45" EAST, A DISTANCE OF 724.42 FEET TO A 5/8-INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "BURY" FOUND FOR AN ANGLE POINT,- 2. OINT;2, NORTH 59°38'15" WEST, A DISTANCE OF 5.00 FEET TO A 5/8-INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED"BURY" FOUND FOR AN ANGLE POINT; 3. NORTH 30°21'45" EAST, A DISTANCE OF 129.34 FEET TO A 5/8-INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "BURY" FOUND FOR THE POINT OF INTERSECTION OF THE NORTHWESTERLY RIGHT-OF-WAY LINE OF SAID INTERSTATE HIGHWAY 35-W WITH THE I SOUTHWESTERLY RIGHT-OF-WAY LINE OF AFOREMENTIONED OUTLET BOULEVARD; THENCE, NORTH 58°20'42" WEST, ALONG THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF SAID OUTLET BOULEVARD, A DISTANCE OF 17.10 FEET TO THE POINT OF BEGINNING; THENCE, (L1)NORTH 58°20'42"WEST, CONTINUING ALONG THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF SAID OUTLET BOULEVARD, A DISTANCE OF 5.00 FEET TO A POINT FOR CORNER; THENCE, OVER AND ACROSS SAID OUTLET BOULEVARD, THE FOLLOWING SEVEN (7)CALLS: 1. (L2) NORTH 31'39'18" EAST, A DISTANCE OF 41.58 FEET TO A POINT FOR CORNER; 2. (1-3) NORTH 58°09'38"WEST, A DISTANCE OF 6.00 FEET TO A POINT FOR CORNER; 3. (L4) NORTH 31-47'06" EAST,A DISTANCE OF 7.00 FEET TO A POINT FOR CORNER; SASUR\0109284 Fine Line Dive rsified\30003 Champions Circle-Buc-ees\EXHIBITS\SIGN EXHIBITS\0109284-300D3 SIGN EXHIBIT 1_docx Page 1 of 3 BURY GIG- N EzHCROACHMENT AREA GEORGE W. SHAMBLIN SURVEY, ABSTRACT NO. 1191 CITY OF FORT WORTH, DENTON COUNTY, TEXAS 4. (1-5) SOUTH 58°12'54" EAST, A DISTANCE OF 17.00 FEET TO A POINT FOR CORNER; 5. (1-6)SOUTH 31-47'06"WEST, A DISTANCE OF 7.00 FEET TO A POINT FOR CORNER; 6. (1-7)NORTH 58°09'38"WEST, A DISTANCE OF 6.00 FEET TO A POINT FOR CORNER; 7. (1-8) SOUTH 31°39'18" WEST, A DISTANCE OF 41.58 FEET TO THE POINT OF BEGINNING AND CONTAINING A COMPUTED AREA OF 327 SQUARE FEET OR 0.0075 ACRES OF LAND. NOTES: THE BEARINGS CALLED FOR HEREIN ARE REFERENCED TO THE STATE PLANE COORDINATE SYSTEM (TEXAS NORTH CENTRAL ZONE, NAD 83) BASED ON LEICA GEOSYSTEMS NORTH TEXAS SMARTNET NETWORK, DISTANCES ADJUSTED TO SURFACE USING AN AVERAGE COMBINED SCALE FACTOR OF 0.999849393. A SKETCH WAS PREPARED ON EVEN DATE TO ACCOMPANY THIS DESCRIPTION. OF ...fie o?�o SU J� SASUR\0109284 Fine Line Diversified\30003 Champions Circle-Buc-ees\EXHIBITS\SIGN EXHIBITS\0109284-30003 SIGN EXHIBIT 1 docx Page 2 of 3 NOTE& LEGEND A FIELD NOTE DESCRIPTION WAS PREPARED ON EVEN DATE TO ACCOMPANY THIS CIRF 5/8-INCH IRON ROD FOUND SKETCH. WITH PLASTIC CAP STAMPED 'BURY" (UNLESS OTHERWISE BEARINGS SHOWN HEREON ARE REFERENCED TO THE TEXAS STATE PLANE COORDINATE NOTED" SYSTEM (NORTH CENTRAL 20NE, NAD 83) BASED ON LEICA GEOSYSTEMS NORTH TEXAS INST, NO. INSTRUMENT, NUMBER SMARTNET NETWORK, DISTANCES ADJUSTED TO SURFACE USING AN AVERAGE COMBINED SCALE FACTOR OF 0.999849393. SQ. FT. SQUARE FEET (CM) CONTROLLING MONUMENT �aO.P.R.D.C.T. OFFICIAL PUBLIC RECORDS OF v� DENTON COUNTY, TEXAS o < P.R.D.C.T. PLAT RECORDS OF DENTON COUNTY, TEXAS ���A R.O.W. RIGHT-OF-WAY 00T vO/, POC POINT OF COMMENCING POB POINT OF BEGINNING pA Mo 6�/c F -Ra e os`R o '9iQ� SIGN ENCROACHMENT AREA 327 SQUARE FEET v <S 0.0075 ACRE -� L7 POB --N 58'20'42" W CIR 17.10' M o w REMAINDER OF CALLED 187.34 ACRES (TRACT 3) rojq ROANOKE 35/114 PARTNERS, L.P. q �� INST. NO. 2007-21421 do INST. NO. 2014-96174 O.P.R.D.C.T. N 59'38'15" W CIRF 5.00' Q v CIRF �C?oz�QJ� LINE TABLE LINE # BEARING DISTANCE OJv� L1 N58'20'42"W 5.00' 1/2" CIRF rC, �p p L2 N31'39'18"E 41.58' "HALFF" (CM) aiq J JQQ L3 N58'09'38"W 6.00' L4 N31'47'06"E 7.00' L5 S58'12'54"E 17.00' N 59 � L6 S31'47'06"W 7.00' SS- 1P CIRF L7 N58'09'3B"W 6.00' LOT 1, BLOCK 1 X08 N 59'42'35" W L8 S31'39'1 8"W 41.58' BEECHWOOD BUSINESS PARK 997, 58.61' CABINET R, PAGE 152 P.R.D.C.T. CALLED 213.42 ACRES (TRACT B) 0 30 60 HEI FORT WORTH LP P�C+ INST, NO. 2008-13503 1/2" CIRF 1" = 60' O.P.R.D.C.T. "J.E. SMITH 3700" .M 1 "' "" + .... .. . ......PH BURY 2 (Sato- SIGN ENCROACHMENT AREA SURv 5310 Harvest Hill Road,Suite 100 GEORGE W. SHAMBLIN SURVEY ]�d Dallas,Texas 75230 Tel (972)991-0011 Fax(972)991-0278 ABSTRACT NO. 1191 TBPE#F-1048 TBPLS#F-10107502 CITY OF FORT WORTH, DENTON COUNTY, TEXAS MICHAEL J. MURPHY Copyright 02016 REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5724 DATE:04-20-2016 SCALE:1"=60' DRAWN BY:JEG PROJECT NO:R0109284-30003 SHEET NO 301`3 S:\SUR\0109284 Fine Line Diversified\30003 Champions Circle-Buc-ees\EXHIBITS\SIGN EXHIBITS\09284-03-SIGN EXHIBIT 1.dwg Jan 27, 16 6:27 PM by. mmurphy EXHIBIT "B" AGORA CERTIFICATE OF LIABILITY INSURANCE DATE(MM/0D/YYYY) 03/22/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. L If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on w—m this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: W Aon Risk services Southwest, Inc. PHONE (g17) 810-4000 FAX (817) 339-2019 Fort Worth Tx office (AID.No.Ext): AIC.No.: 301 Commerce Street E-MAIL Suite 2101 ADDRESS: _ Fort Worth TX 76102 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A.- Zurich American Ins Co 16535 Roanoke 35/114 Partners, L.P. INSURER B: 201 Main Street, suite 2700 Fort worth TX 76102 USA INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570061497338 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR POLICY EFF POLICY I:XP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMID MMIDD LIMITS A X COMMERCIAL GENERAL LIABILITY WC 7 5— 7 EACH OCCURRENCE $1,000,000 CLAIMS-MADE IFX7I OCCUR G O $1,000,000 PREMISES Ea occurrence) X Per Loc Agg$101 Cap MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 pmj GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 m PET ❑X LOC POLICY ❑ PRODUCTS-COMP/OPAGG S2,000,000 OTHER: o r AUTOMOBILE LIABILITY BINED SINGLE LIMIT COEa accident ANY AUTO BODILY INJURY(Per person) Z OWNED SCHEDULED BODILY INJURY(Per accident) N AUTOS ONLY AUTOS 14 HIREDAUTOS NON-OWNED PROPERTY DAMAGE V ONLY AUTOS ONLY Per accident L- ,L. d1 UMBRELLA LIABOCCUR EACH OCCURRENCE (1 EXCESS LIAR CLAIMS-MADE AGGREGATE OED I RETENTION WORKERS COMPENSATION AND STATUTE ETH EMPLOYERS•LIABILITY Y I N ANY PROPRIETOR I PARTNER!EXECUTIVE E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? ❑NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) QJ Re: Encroachment Permit - state Hwy 114 and Tanger Blvd., Fort worth, Tx; Interstate 35W frontage and outlet Blvd., Fort Worth, TX; championship Parkway and state Highway 114, Fort Worth, TX Certificate Holder is included as Additional Insured as required by written contract, but limited to the operations of the Insured under said contract, per the applicable endorsement with respect to the General Liability policy. CERTIFICATE HOLDER CANCELLATION _ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. IN City Of Fort Worth AUTHORIZED REPRESENTATIVE Department of Developoment Attn: David shroeder, Planner e. 'os� _ � � 1000 Throckmorton Street Fort worth Tx 76102 USA ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD