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HomeMy WebLinkAboutContract 56996 Date Received: 01/18/2022 Permit Number: PN21-00184 Time Received: 9:06 AM City Secretary No.: 56996 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 Cow Town Owner, L.L.C., a(n) a Delaware limited liability company ("Licensee"), acting by and through its duly authorized signatory. RECITALS WHEREAS, Licensee is the owner of the real property located at NW Corner of US287 and I1-135W, Fort Worth, Texas 76102 ("Property"), being more particularly described in the attached Exhibit "A" which is incorporated herein for all purposes; and WHEREAS, the City owns a water easement and sanitary sewer easement (the "Public Property") adjacent to the Property as shown in the attached Exhibit "B," which is incorporated herein for all purposes, in the plat records of Tarrant County as plat number FP-21-118; 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, private drainage inlet, and private waterline (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within the Public Property. OFFICIAL RECORD Tier II Easement Encroachment Agreement PN21-00184 CITY SECRETARY FT. WORTH, TX 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 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 thei 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 Tier II Easement Encroachment Agreement Page 2 of 13 PN21-00184 Revised 11/2020 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, with such term commencing on the date this Agreement is executed by City ("Initial Term"). At the end of the Initial Term, this Agreement will automatically renew for an additional 30-year period ("Renewal Term") subject to any applicable City ordinances and fees that are in effect at the beginning of the Renewal Term. The City may terminate this Agreement during either the Initial Term or Renewal Term 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 one hundred and twenty (120) days of notice from City, the City may terminate this Agreement. However, the City may terminate this Agreement within thirty (30) days after notifying Licensee in writing of such noncompliance if the noncompliance in some way results in the need to repair or replace any portion of a utility. Additionally, at its sole option, City may 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 any 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 Tier II Easement Encroachment Agreement Page 3 of 13 PN21-00184 Revised 11/2020 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 HIND 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 farce 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 PN21-00184 Revised 11/2020 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 laves, 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 II Easement Encroachment Agreement Page 5 of 13 PN21-00184 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 covenants and agrees that, except as expressly permitted in this Section 18, 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 PAGE] Tier II Easement Encroachment Agreement Page 6 of 13 PN21-00184 Revised 11/2020 City: Licensee: CITY OF FORT WORTH Cow Town Owner, L.L.C., a Delaware limited liability company By: DJ Harrell 14,202214:46 CST) By: QR TDC Fort Worth, L.P., a D.J. Harrell, Director of the Delaware limited partnership, Development Services Department its sole member By: TDC Fort Worth GP, L.L.C., Date: Jan 14,2022 a Delaware limited liability company it's co-general partner By: Name: B. J ff Knowles Title: Auth&dz Signatory FORa AF° � aO to Dg'� 0opf�o p�oduo � Poo =do ATTEST: *" Approved As To Form and Legality 00000000 D.aa��nEXASoAp yannettee s. 600d all vr� Jannette S.Goodall(Jan 14,202216:00 CST) Jannette Goodall, Thomas Royce Hansen City Secretary Assistant City Attorney Ordinance No. 24161-04-2020 Date: Jan 14,2022 Date: Jan 14,2022 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. Janie S. Morales Development Services Date: Jan 14,2022 OFFICIAL RECORD Tier II Easement Encroachment Agreement CITY SECRETARY PN21-00184 FT. WORTH, TX ***THIS PAGE FOR CITY OF FORT WORTH OFFICE USE ONLY--** 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 14th day of January 12022 Wendy L. Digitally signed by Wendy L. o�PRYP�e� WENDY L BEARDSLEE z Notary Public Beardslee + * STATE OF TEXAS Date:2022.01.1415:28:33 �3 e Notary I.D.13323719-3 Bea rd s I ee -06'00' 9�OF 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 II Easement Encroachment Agreement PN21-00184 Revised 11/2020 STATE OF TEXAS § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, a Notary Public in and for the State of -.e,xas on this day personally appeared B. Jeff Knowles, Authorized Signatory(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 TDC Fort Worth GP, L.L.C., a Delaware limited liability company, co-general partner of QR TDC Fort Worth, L.P., a Delaware limited partnership, as sole member of Cow Town Owner, L.L.C., a Delaware limited liability company (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this Is day of January, 2022. I o SPY P!/g Stary ID 1 98805 Irnl.{�� z �� URLEY Notary ID#129680538 My Commission Expires July 9, 2022 Notary Public in and for the State of Texas OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II Easement Encroachment Agreement Page 9 of 13 PN21-00184 Revised I1/2020 D221240776 Page 3 of 7 EXHIBIT "A" Le;4al Description BEING a 59.74 acre tract of land situated in the William McCowen Survey,Abstract Number 999, in the City of Fort Worth, Tarrant County, Texas, and being part of a called 171.49 acre tract of land described as"Tract I" in Special Warranty Deed with Vendor's Lien to NTP35,LP,recorded in Instrument Number D216282322 of the Official Public Records of Tarrant County, Texas (O.P.R.T.C.T.), and the Basis of Bearing is the Texas Coordinate System of 1983, North Central Zone (4202),and being more particularly described as follows: BEGINNING at a 5/8-inch found iron rod with cap stamped "PELOTON" for the northerly northeast corner of the tract of land platted as Lots 1-24, 24X, Block 6, Lots 1-43, 43X, Block 7 and Lots 1-14, Block 8, Parr Trust, an addition to the City of Fort Worth, Tarrant County, Texas, recorded in Instrument Number D216084667 of the Plat Records of Tarrant County, Texas (P.R.T.C.T.),and the northwest corner of the tract of land platted as Lots 1-15, 1X,Block 10,Lots 8-22, 22X,Block 11, Lots 1-24, Block 12, Lots 1-33, Block 13,Lots 1-I1,Block 14 and Lots 28- 44, 44X, Block 15, Parr Trust, an addition to the City of Fort Worth, Tarrant County, Texas, recorded in Instrument Number D217059867, P.R.T.C.T., said corner being at the intersection of the south line of said 171.49 acre tract and the east right-of-way line of East Bailey Boswell Road (a 130-foot wide public right-of-way); THENCE over and across said 171.49 acre tract,the following bearings and distances: North 45 degrees 52 minutes 48 seconds West,departing the south line of said 171.49 acre tract, a distance of 14.09 feet to a 1/2-inch set iron rod with yellow plastic cap stamped "HALFF" (hereinafter referred to as "with HALFF cap") for corner; North 00 degrees 44 minutes 01 second West, a distance of 869.03 feet to a 1/2-inch set iron rod with HALFF cap for the point of curvature of a tangent circular curve to the left, having a radius of 565.07 feet,whose chord bears North 17 degrees 44 minutes 42 seconds West,a distance of 330.64 feet; Northerly,with said curve,through a central angle of 34 degrees 01 minute 23 seconds, an arc distance of 335.55 feet to a 1/2-inch set iron rod with HALFF cap for corner; North 34 degrees 45 minutes 24 seconds West, a distance of 223.46 feet to a 1/2-inch set iron rod with HALFF cap for the point of curvature of a tangent circular curve to the left, having a radius of 565.07 feet,whose chord bears North 54 degrees 39 minutes 44 seconds West, a distance of 384.78 feet; Northwesterly, with said curve, through a central angle of 39 degrees 48 minutes 41 seconds, an arc distance of 392.63 feet to a 1/2-inch set iron rod with HALFF cap for corner; EXHIBIT A—Page 1 Special Warranty Deed—NTP35 to Cow Town(TDC) 7949988(14612.40) D221240776 Page 4 of 7 North 74 degrees 34 minutes 05 seconds West, a distance of 100.01 feet to a 1/2-inch set iron rod with HALFF cap for the point of curvature of a tangent circular curve to the right, having a radius of 455.05 feet,whose chord bears North 49 degrees 07 minutes 53 seconds West, a distance of 390.90 feet; Northwesterly, with said curve, through a central angle of 50 degrees 52 minutes 24 seconds, an arc distance of 404.05 feet to a 1/2-inch set iron rod with HALFF cap for corner; North 23 degrees 41 minutes 41 seconds West, a distance of 155.15 feet to a 1/2-inch set iron rod with HALFF cap for the point of curvature of a tangent circular curve to the right, having a radius of 455.05 feet,whose chord bears North 15 degrees 10 minutes 54 seconds West, a distance of 134.73 feet; Northerly,with said curve,through a central angle of 17 degrees 01 minute 34 seconds, an arc distance of 135.23 feet to a 1/2-inch set iron rod with 14ALFF cap for corner; North 06 degrees 40 minutes 07 seconds West, a distance of 266.23 feet to a 1/2-inch set iron rod with HALFF cap for the point of curvature of a tangent circular curve to the right, having a radius of 433.05 feet,whose chord bears North 03 degrees 38 minutes 05 seconds West, a distance of 45.84 feet; Northerly, with said curve, through a central angle of 06 degrees 04 minutes 03 seconds, an arc distance of 45.86 feet to a 1/2-inch set iron rod with HALFF cap for corner; North 00 degrees 36 minutes 04 seconds West, a distance of 117.43 feet to a 1/2-inch set iron rod with HALFF cap for corner; South 89 degrees 23 minutes 56 seconds West, a distance of 15.00 feet to a 1/2-inch set iron rod with HALFF cap for corner, said corner being on the northwest line of said 171.49 acre tract and the east right-of-way line of E. Harmon Road (a variable width public right- of-way); THENCE North 00 degrees 36 minutes 04 seconds West, with the west line of said 171.49 acre tract and the east right-of-way line of said E.Harmon Road,a distance of 105.36 feet to a 1/2-inch set iron rod with HALFF cap for corner; THENCE North 88 degrees 51 minutes 57 seconds East, departing said east and west lines, and over and across said 171.49 acre tract, a distance of 1,174.63 feet to a 1/2-inch set iron rod with HALFF cap for corner on the northeast line of said 171.49 acre tract and the southwest right-of- way line of U.S. Highway 287 (a variable width public right-of-way); THENCE South 46 degrees 50 minutes 46 seconds East,with the northeast line of said 171.49 acre tract and the southwest right-of-way line of said U.S. Highway 287, a distance of 320.72 feet to a 1/2-inch set iron rod with HALFF cap for corner; EXHIBIT A—Page 2 Special Warranty Deed—NTP35 to Cow Town(TDC) 7949988(14612.40) D221240776 Page 5 of 7 THENCE over and across said 171.49 acre tract,the following bearings and distances: South 01 degree 09 minutes 08 seconds East, departing said northeast and southwest lines, a distance of 771.89 feet to a 1/2-inch set iron rod with HALFF cap for corner; South 11 degrees 38 minutes 18 seconds East, a distance of 447.30 feet to a 1/2-inch set iron rod with HALFF cap for corner; South 24 degrees 46 minutes 36 seconds East, a distance of 181.95 feet to a 1/2-inch set iron rod with HALFF cap for corner; South 39 degrees 37 minutes 12 seconds East, a distance of 513.87 feet to a 1/2-inch set iron rod with HALFF cap for corner; South 01 degree 08 minutes 03 seconds East,a distance of 705.44 feet to a 1/2-inch set iron rod with HALFF cap for corner on the south line of said 171.49 acre tract and the north line of the aforementioned Lots 1-15, 1X, Block 10, Lots 8-22, 22X, Block 11, Lots 1-24, Block 12, Lots 1-33, Block 13, Lots 1-11, Block 14 and Lots 28-44, 44X, Block 15, Parr Trust addition; THENCE South 88 degrees 58 minutes 31 seconds West, with the south line of said 171.49 acre tract and the north line of said Lots 1-15, IX, Block 10, Lots 8-22, 22X, Block 11, Lots 1-24, Block 12, Lots 1-33, Block 13, Lots 1-11, Block 14 and Lots 28-44, 44X, Block 15, Parr Trust addition, a distance of 828.07 feet to the POINT OF BEGINNING AND CONTAINING 59.74 acres (2,602,488 square feet) of land, more or less. 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EXHIBIT C Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page 12 of 13 PN21-00184 Revised 11/2020 �ZtitiOl'ON 103f0?Jd..J)J 1N3WdOl3A309N1550`J9 NMO J311VM Ob6`Z'Y'ON 3lId O50trlZ'ON O`Jdl s3L103-(IZEEJV-VEtDOZtYbV 40^'ON OId 3A`J3S O151N3VJ3\O`Jd4V11H911133a1S 4'39tlNINJO'9Nliltld'`J3MS 3S'y31tlM N N X X ti N N I N FF � aF Q F - z � .aaaaa o a aa �- x o w mW�y z �2Rz� _a e�aNs rn n - �aQ a ?Z - oaooao ? _ FU_ vm nw�zm ama ss-o w _co 4444444444444`- _ -3a w i� gaa is adaaaaadaQ n� z�� JJJJJJ�JJJJJJ_ u�u c ttr=tttttttr=t n. c. umnuyrmyvmn iZrc ` _ a,_---__-s n- �u uc ss susasss as�aaawi as_xsnvin n,n nnm nmmrimumaadrrrrsss _uur rr � ' z ,ti N a �R'm — m n can ww a V o> z a a 0 z — z 0 ca F � F F T > � I Q r U U w > w20 s > w U'^) O /\\ >W �aW - Iz VJ `� > Oar x �� O Z w � Q m w II X (� Cn W w w O Q Q �Q II �U z Q cn o tRs1 tlR 2 o - � z<= NFO�Q Lu w O � a w, _sF<axx�C--acG>}- � N U Q zZ w �O o NoE- III I d v _' U( , � _ / Q LL � m � O W z F r I U O o _rxe5 LL - 2 W 6 w- w � �a LL � � - / I''Q U � I W - � z w � O M r•^' v J Z r O co V _ O J mg w >-m w (� W(n o U Q Z Q w �g o W W m � II Q �� J v� Cn Q � W 06 I W z a Q d F W I LLjOz d'w o a Fw W n r LU LU W d ® U LU O W as ¢w Q m Q > a0 U Z > W Z\n� } Q O aN W — o H Q a Y « W � 'Q �} W O W 3 H Qv QLu 2a U o Q w d _ - O c� 2 U O Z Z� �.«.. Z J � U O - � I U H w m U Z� K ^.w e. W wa � , O I aN c, o U p U a O z LL y Now� I d \ 0 250 500 750 1000 lr SCALE: 1"=500' I NORTH COWTOWN II CROSSING LOT 5,BLOCK 1 EAST ROAD I \ \ Encr. 1 / I PROPOSED SANTARY NORTH'COWTOWN?_ . , _. ........ -,--;CROSSINGS-- -;-=-- ._. I \ -LOT 1,BLOCK 1.-:- —— PROPOSED SANRARY SEWER LrE c Encr. 21 Encr. 3 II , Encr. 4 PROPOSED SANITARY III III WORTH COWTOWN 13 \ III CROSSING \'.. III NORTH COWTOWN LOT 2,BLOCK 1 II CROSSING LOT 1 III 1,BLOCK 2 NORTH COWTOWN \'. Encr. 5 CROSSING —- -_-- I - - -- BLOCK I NORTH COWTOWN Encr. 7 CROSSING \ I I I LOT 1,BLOCK 3 Encr. 6 LL \ \ LL II CD II i NORTH COWTOWN I \ ' CROSSING:__ - -LOT 3,BLOCK 1- I \ � I - - - - - _ - ' — - au�° EGOS T - l� � = I EN# DESCRIPTION EN 1 PRIVATE STORM DRAIN CROSSING PUBLIC SEWER I o EN 2 PRIVATE STORM DRAIN CROSSING PUBLIC SEWER / / --� EN 3 PRIVATE STORM DRAIN CROSSING PUBLIC SEWER ——� LL EN 4 PRIVATE STORM DRAIN CROSSING PUBLIC SEWER I LEGEND: EN6 EN 5 PRIVATE STORM DRAIN CROSSING PUBLIC SEWER ,,,,,,�� a I ENCROACHMENT POINT CP1 = EN 6 PRIVATE STORM DRAIN CROSSING PUBLIC SEWER EN 7 1 PRIVATE WATERLINE CROSSING PUBLIC SEWER CONTROL POINT KEY MAP MEN HALFF' EAST BAILEY BOSWELL ROAD aeaRPAaKwo 0o FORT WORTH,TEXAS ,Rai z°,�sya ° 64°Ee DATE: 12/02/2021 AVO 42487 FURFE`DEVELOPMENT \ \ (SEPARATE CONTRACT) \ COIYTOI4'N,AOp% \ \ LOT I,BEOCX/\ \ 55+2.5 SS \ \ \ \ CONSTRUCT STD.4'DIA.MANHOLE STA/ +33,32 _ INSTALL ABOVE GROUND MARKER END AND PLUG'\ \ FL B"(O)=659. 7 FL 8"(OUT)=665.801 FL 8"174.239.57 INSTALL ABOVE GROUND o c N=7010174.23 E=23285 MARKER—/ \ A y,`Q• 15.28 T N=7010457.35 \ A rE-2328220.72 L' PROPOSED PUBLIC 55'SANITARY / 59+28.32 SS LINE'A' 4. SEWER EASEMENT (BY PLAT) TRUCT STD.4'DIA.MANHOLE FL 8"(OUT)=665.62\ CCTT ,/ PROPOSED 8" N=7010453.89' SEWER LINA' E=2328224.3 E ' 2 COwTO >r�l s S — -- �- — LOT 6 I '(`' \\INSTALL 30 LF AI COIYTOIY ADDITION \ O 0 CONCRETE ENCASEMENT-00 \59+00 1 LOT 7 kov,> \ I I I \ A ARY SEWER 0 0 0 I 'PRIVATE STORM CROSSINGS —�� Encr. 1 / EASEMENT ENCROACHMENT L E%•R.O.V. 78 LF PRIVATE 60'— _ APPROX.100-YEAR — 100-YEAR ULTIMATE INAGE ESMT.--ULTIMATE FLOODPLAIN —FLOODPLAIN EASEMENT 75 -- — -------------�-7/--- --------- ------- _ — ----TEXAS�)EPARTA/£KT �• FWY 2 - — — — '� � - — 6F TRAMSPOHTAT/�V FRONTAGE ISBI SAWARY SEWER LK 'A' Z J d ¢ EX.G OUND AT a RIM=67.8 PROP.GROUND AT =PRIVATE STORM CROSSING w CENTERLINE EASEMENT ENCROACHMENT RIM=67 .4 N 675 — — 675 FILL TO BE PLACED AND COMPACTED TO SIT STD. TRENCH WATER STOP PROCTOR DENSITY PER PER CITY OF FORT WORTH RE RCS S CITY OF FORT WORTH �I STANDARD SPECIFICATION STANDARD DETAIL — STANDARD 05 10 BEFORE 33 05 10-D006 SEWER LINE CONSTRUCTION 665 DEEP TRENCH BACKFILL ENCASEMENT 3 8, fi65 w` H PER CITY OF FORT WEP+.ETRENCH 50% PER 3 STANDARD DETAILAIL D017 33 05 10-DO05 � 'SDR 26 PVC SS n 1.50% 400 t F 8' 0�=0:03 MGD 12VCL55 aSOF O BACKFILL 0,,,%=0.49 MID w PER CITY OF FORT WORTH V =2.20 FPS STANDARD DETAIL ro 33 05 10-DO05 E 655 0 =0.03 MGD z 655 B O.=0.49 MGD " V =2.20 FPS w a a w w` J J LL � In m gym • m 9 IIm mm IIm I'1 II 0 a u� x °n U mm {p Zmm m 645 VI ILLLL Ll UILLLL N LL 645 54-00 55-00 56+00 57+00 58+00 59.00 N O N _ - - - - - - - - - - - - - - - - - - - - - - - 0 50 100 150 200 LEGEND: r EN6 Z ENCROACHMENT POINT SCALE: 1"=100' CONTROL POINT ENCROACHMENT NO.1 mom HALFF4 EAST BAILEY BOSWELL ROAD mom " ONE TBPErl-r-312 3N3Po DOD—D,STEBOO FORT WORTH,TEXAS ,14)217�B�B' ­o DATE: 12/02/2021 AVO 42487 N ' - 1 11111 "' IIIP \ PROPOSED PUBLIC 55'SANITARY PROPOSED 15" —SEWER EASEMENT (BY,PLAT) I I / I SEWER LINE A' I COlYToAN AOD SEE SHEET 22 FOR PLAN & PROFILE I I PROPOSED PUBLIC L07'6,BLOLX' _/ I w S + 5 L E'B'= I 70'DRAINAGE ESMT. \ \\ I 50+96.28 SS LINE'A' 1 w I STA S 3+5 . L E'B'_ \ STA 7+70.84 SS LINE'B' a +o CONSTRUCT STD.4'DIA.DROP MANHOLE \ STA 1+00.00 SS LINE'C'\ CONSTRUCT STD.4'DIA.MANHOLE oo I -W/ WARREN EPDXY LINER AND I \ CONSTRUCT STD.4'DIA.MANHOLE FL 8"(OUT)=655.73 HYDRAULIC SLIDE TI I I II I 111 \ W/ WARREN EPDXY LINER AND,,, \FL 8"(IN)=655.73 I F- INSTALL ABOVE GROUND MARKER' PROPOSED STORM LINE HYDRAULIC SLIDEN=7009076.45 FL 16"(OUTS=652.94 l o l C-1'OUTFALL CHANNEL 'END CONCRETE ENCASEMENT a FL 8"(IN1=657.32 t o \ FL 8"(OUT)=654.06 E=2328553.19 FL 8"(INI=653.04 FL 8"(IN)=654.06 \ pROPERTLN' PROPERTY I = I N=7009745.84 T \ FL 8"(IN)=654.16 _ LINE E=2328523.89 N=7009492.03— — PROPOSED 8" RETAINING WALL, E=2328518.96 SEWER LINE'8' (SEPARATE CONTRACT) EnCr• `J` -­==-PROPOSED PUBLIC 45'SANITARY 1 0 — 37 LF SEWER EASEMENT (BY PLAT) — — \ N _ _ _ PROPOSED 6" = SEWER LINE'B' 'SA ARY +00 4+00 5+00 6+00 N EW6 u PROPOSED 8" SEWER LINE'A' " I _ INSTALL 127 LF —PROPOSED PUBLIC 62.5'SANITARY -CONCRETE — ;QSEWERI EASEMENT (BY PLAT) ENCASEMENT 20 LF CONTROLLED LOW 2 I )� STRENGTH MATERIAL Si +22.67 SS LINE '6' w I PROPOSED 8" a+ RUCT STD.4'DIA.MA I I SEWER LINE'C, W/ WARREN EPDXY LINER AND CONCRETE COLLAR I I — — — — BEGIN CONCRETE ENCASEMENT I I I SEE SHEET 26 fOR ._ FL 8"(OUT)=653.53 + PLAN & PROFILE FL 8"(IN)=653.53 I o0 N=7009623.19 E=2328521.51 I I WgTERLINE�B' C0 r;QQIY!V AOOITION PROPOSED 7'X6'RCB I // 8�W / ;CON COT,.koff I STORM LINE'C-1' — 655�_ zo (BY PROPOSED PUBLIC I PROPOSED PUBLIC SANITARY I I I SEWER EASEMENT (BY PLAT) / 30'DRAINAGE ESMT.----------------------- . SAWARY SEWER LFE 13' RIM=677.7 FILL TO BE PLACED AND COMPACTED TO 95% STD.PROCTOR DENSITY PER CITY OF FORT WORTH STANDARD SPECIFICATION 33 05 10 BEFORE TRENCH WATER SEWER LINE CONSTRUCTION PER CITY OF FORT STANDARD RIM=672.7 33 05 1C N RIM=669 PROP.GROUND AT EX.GROUND AT 670 — — — RIA 670 Fe g TRENCH WATER STOP — — — — — PER CITY OF FORT WORTH 7'x6' B uBtle STANDARD DETAIL 33 05 10-D006 TRENCH WATER STOP PER CITY OF FORT WORTH eav STANDARD DETAIL ffi�v DEEP TRENCH 33 05 10-DO06 w.� PERKCITY OF PROP. FORT WORTH H __42LLwJ__ STANDARD DETAIL 33 05 10-D005 11 0 660 660 w` 8 8' CONCRETE ENCASEMENT a 0.407 PER y DETAIL D017 413 LF 8"SDR 26 PVC SS a 0.40% 20 LF CONTROLLED w 119 LF 8"SDR 26 127 LF 8"DUCTILE LOW STRENGTH E pVC SS a 0.407 IRON SS a 0.40% MATERIAL- S 650 >w w 650 d z J4> az wU — WJO < p0 M OQ LL N .KQo NNP .WN u;M wo• Of H30W ip 2UF N �p NNraU WN In m O \20 Ht0 t0 K��F I,I m N t00 o W it N II 0 pO,U Z o.-..-• 3K0 Wo^ tIK II MOU��Uo Z IIU v aQzzw�¢�aDm z oc3c�°Dm mr- m� Qz oom °° aoc 640 LLIYLL 2QmWww LLLL JLL V)V)U3QWLL w lLLL 640 1-00 2-00 J-00 4-00 5.00 6-00 7-00 N O N _ _ _ _ _ _ _ _ _ _ _ _ _ 0 50 100 150 200 LEGEND: r EN6 Z ENCROACHMENT POINT cpi SCALE: 1"=100' CONTROL POINT ENCROACHMENT NO.2 ONE HALFF4 EAST BAILEY BOSWELL ROAD ONE m ■■■ TBPEFlRM#r- aeOBPnRrcwDOD� D,STE NO FORT WORTH,TEXAS ,14)217�B�B' ° DATE: 12/02/2021 AVO 42487 N I FUTURE DEVELO'f,'FAff (SEPARATE CONMACP O r � L .. \ + A.MA \ I I CONSTRUCT STD.4'DID.MANHOLE I FL 8"(OUT)=657.31 I W/ WARREN EPDXY LINER AND ' I FL 8"(IN)=657.41 �+ HYDRAULIC SLIDE N=7009487.87 \ "' FL 8"(OUT)=654.06 I E=2328309.00 'I PRIVATE STORM CROSSNG FL 8"(IN)=654.06 0 I I N--7009492.03 16 I N I \ I \ EASEMENT ENCROACHMENT-- O E=2�851&96 I e PROPOSED PUBLIC 35'SANITARY 20 LF CONTROLLED LOW *� 'EWER EASEMENT(BY PLAT) STRENGTH MATERIAL \ PROPOSED 8" SEWER LINE'C 2+00 3+ 6+00 `' 7 8,SANITARY SEWER LII �VT Encr. 3F 35 LFPROPO ED PUBLIC+ 50'SANITARY SEWER PUBLIC 15'WATER EASEMENT(BY PLAT) \'I� IiE,SEI4mi \ ��T I — — L L IZ, f� SS. PROPOSED 7'X6'RCB 1 \ STORM LINE'C-1' FAI IEVELOIDIv'EW CON•rONN L1aTxw \ ISEJ'AITATE CITRACTI SAWARY SEWER LM 'C PROFILE SCALE R +1"•4' ERT : V T'•V PRIVATE STORM CROSSING EASEMENT ENCROACHMENT RIM=669.9 RIM=669.8 ,,1 670 670 PROP Rar— TRENCH WATER STOP 24'yf rP PER CITY OF FORT WORTH STANDARD DETAIL 33 05 10-D006 0 660 DEEP TRENCH BACKFILL SDR SS a 1.50% 660 '` PER CITY OF STANDARD DETAIRT WORTH LF , 26 PVC 3 33 05 10-D005 388 20 LF CONTROLLED in LOW STRENGTH MATERIAL 206 LF B"SDR 26 PVC SS H w EJ E 650 z 650 o � a— a w d' •Oy�O� M t0 LL � VI F UN HN^ tD m OID m \�^I t0 t0 ^I t0 II N 0 OMU Kam.-•--. U�-. N� Q +MF-0�......... U QQZZOGD GI OD ZGD OD ODN O Q2TJ 640 640 1t00 2+00 3+00 4-00 5+00 6.00 7+00 N O N 0 50 100 150 200 LEGEND: ^r EN6 ENCROACHMENT POINT SCALE: 1"=100' CONTROL POINT ENCROACHMENT NO.3 momm HALFF4 EAST BAILEY BOSWELL ROAD omm m ONE TBPE FIRM#F 2 aeoB10TMIoo Bvo.sTB Boo FORT WORTH,TEXAS ,14)217�B�B' `B�° DATE: 12/02/2021 AVO 42487 N PROPOSED PUBLIC SANITARY O5ED 15" —SEWER EASEMENT (BB Y PLAT) \ PLAN & PROFILE 70'DRAINAGE ESMT t LINE'A' SEE SHEET 22 FOR I ' d CpA✓T0#)V AM I I I PROPOSED PUBLIC LOT .BL" + ( ;,= I. . FL ti I CONSTRUCT STD.4'DIA.DROP MANHOLE A 1+ )i Lift 17 \ ) A.MA T W/ WARREN EPDXY LINER AND I CONSTRUCT STD.4'DIA.MANHOLE FL 8"(OUT)=655.73 I UL 1 I HYDRAULIC SLIDE W/ WARREN EPDXY LINER AND FL 8"ON)=655.73 I` INSTALL ABOVE GROUND MARKER' PROPOSED STORM LINE HYDRAULIC SLIDE N=7009076.45 FL 16"(OUT1=652.94 1 a 1 - C-1'OUTFALL CHANNEL END CONCRETE ENCASEMENT E=2328553.19 I a FL 8"(IN)=657.32 I FL 8"(OUT)=654.06 \ FL 8"(IN)=653.04.I. ° LINE N=7009745.84 \ FL 8"(IN)=654.16 \ PROPERI�— °ERTY I I FL 8"(IN)=654.16 E=2328523.89 *7009492.03— — �� PROPOSED 8" RETAMNNG WALL, \ EI328518.96 SEWER LINE'S' (SEPARATE C) _ _PROPOSED PUBLIC 45'SANITARY SEWER Y 1 T _ —— — SEWER EASEMENT(BY PLAT) = PROPOSED B" SEWER LINE'B' — f 'SA qpY d 5400 6+00 N PROPOSED 8" SEWER LINE Ir SANITARY 'A' I _ INSTALL 12T LF -- -- — PROPOSEO i `'SANITARY o a1CASEM I E LF 20 LSTRENGTH LMATERIALI 20 5 R�ENMG SEWER EASEMENT (BY PLAT) I 1 PROP W/ WARREN EPDXY L A.M I •$ I I SEWER LINE'C' AND CONCRETE COLLAR BEGIN CONCRETE ENCASEMENT I I I I PLAN& PROFILE FOR FL 8"(OUT)=653.53 FL 8"(IN)=653.53 N=7009623.19 E--028521.51 I 1 PROPOSED 12" __ WATERLINE'B' An'rtW PROPOSED 7'X6'RCB 1 g•W / CpA✓TpA✓N L4_Wr/ STORM LINE'C-' s55 �T ' LOT Z L — I �— j 6 \ PROPOSED PUBLIC I PROPOSED PUBLIC BY PLAT) / SEWER EASEMENT(3Y PLAT) 30'DRAINAGE ESMT. SAWARY SEWER LW 137 FILL TO BE PLACED AND COMPACTED TO 95X STD.PROCTOR DENSITY PER CITY OF FORT WORTH STANDARD PE SCIFICATION 33 05 10 BEFORE TRENM WATERST01 SEWER LINE CONSTRUCTION I PER CITY OF �WORTDETAII I W=672.7 I 33 05 10-DOOi RI GROUND AT EX GROUND AT �i 670 — — RIM•668. 670 PER CITY CH FORT WORTH �I( T'x6' — — — — — — — — — — "{ STANDARD DETAIL —33 05 CH WATER STOP 10 D006 ER CITY OF FORT WORTH DEEP TRENCH 3 05 10-0006 BACKFILL—_I PROP. I — TY FORT YWORTTHH I I STANDARD DETAIL 33 45 10-DOOS 0 660 660 w` __7ENCASEMEMTEMENT a a40X PER DETAIL D017 13 LF B"SDR 26 PVC SS a a4oX 20 LF CONTROLLED 20 w 119 LF 8"SIR 26 127 LF W-Ol,1CT8-E LOW STRENIM m PVC SS a 0.40% y1ON SS a 0.40X MATEPoA E 650 P;tw m650 0 w S7o I V! oFpP(N(��in" •= Laww 2U NWJIW-°� C I f S 300 _ �teoio a>o--iyyi Z mao via mob ar 640 <wadmm2www'wm iam�W'� ao3 a�W-� 640 a 1-00 2-00 3-00 4-00 5-00 6-00 7-00 3 0 N - - - - - - - - - - - - - - - - - - - - - - - - 0 50 100 150 200 LEGEND: r EN6 Z ENCROACHMENT POINT cpl SCALE: 1"=100' CONTROL POINT ENCROACHMENT NO. 4 ONE HALFF4 EAST BAILEY BOSWELL ROAD ONE m ■■■ TBPEFlRfO#r 2 W03P0 OOD� D,STEBOO FORT WORTH,TEXAS ,Ra)z°,�B�B' ­D DATE: 12/02/2021 AVO 42487 N PROPOSED STORM LIFE LOT 4 T \2'OUTFALL CHANNEL J +-GUNSTRUCTIA.MARRUEF PROPOSED PUBLIC FL 8'•(OUT)=656.77 75.ORAINAGE ESMT. FL 8••(OUT)=658.24 FL 8'•(IN)•656.77 J -14•7008557.32 \ / N•7008840.13 PROPOSED PUBLIC �E•2328896.41 E=2728662.28 ` 25•DRAINAGE ESMT. PROPOSED PUBLIC 40•SANITARY. \ �� \ SEWER EASEMENT(BY PLAT) \ Encr. 7 _ PROPERTY LINE Encr. 5 PROPOSED 8'• 42 LF 70 LF SEWER LINE _ Encr. 6 „ 52 LF 20 LF CONTROLLED LOW 50 LF CONTROLLED LOW 20 LF CONTROLLED LOW /STT'R'(E\NGTH MATERIAL' / STRENGTH MATERIAL, 1 STRENGTH MATERIAL \ PRIVATE STORM oSSING \ PRIVATE STORM CROSSING 9\ EASEMENT ENCROACHMENT EASEMENT ENCROACHMENT \ \ / sl.9 C'MWTOMN LbN717N)V \ LOT (k.W PROPOSED 60" •� \ STORM LINE'B-2' 0MN `) S ANT ARY SEWER LSE 13 PRIVATE STORM CROSSING FILL TO BE PLACED AND COMPACTED EASEMENT ENCROACHMENT TO 95%STO.PROCTOR DENSITY PER CITY OF FORT WORTH STANDARD SPECIFICATION 33 05 10 BEFORE SEWER LINE CONSTRUCTION PRIVATE WATER CROSSING EASEMENT ENCROACHMENTCENTERLINE 670 RIM=673.5 670 PRIVATE STORM CROSSING EASEMENT ENCROACHMENT O PROP.PUBLIC 60�P 660 <C IVA PP DEEP TRENCH 660 w N L BACKFILL PROP.PRIVATE PER qTY OF EX.GROUND AT FORT WORTH mcp STANDARD DETAIL 20 LF TRENCH WATER STOP 33 05 10-DOOS PER CITY OF FORT WORTH CONTROLLED 6.1 STANDARD DETAIL 4.2' FLOW STENGTH MATERIAL 33 05 10-DO06 20' w 363 LF 8'•SDR 26 129 LF 8" PVC SS C 0.40% 850 S12 26 PVC 50 LF CONTROLLED 650 s LOW STRENGTH 20 LF CONTROLLED SS a 0.40% MATERIAL LOW STRENGTH w ` MATERIAL U N to Y1 of � M � G U m _ 640 w 640 9.00 10.00 V-00 12•00 13.00 LL 0 50 100 150 200 LEGEND: f EN6 ENCROACHMENT POINT CP1 SCALE: 1"=100' CONTROL POINT ■ ■ HALFFp ENCROACHMENT NO. 5, 6, &7 ■■■ EAST BAILEY BOSWELL ROAD ■Ha■ r PEFRP4R a " `°'�x 01SLID,STE °"°E III FORT WORTH,TEXAS DATE: 12/02/2021 AVO 42487 EXHIBIT D Certificate of Insurance Tier II Easement Encroachment Agreement Page 13 of 13 PN21-00184 Revised 11/2020