Loading...
HomeMy WebLinkAboutContract 57104 Date Received: 02/28/2022 Time Received: 10:21 am City Secretary No: 57104 CORRECTION INSTRUMENT OF PUBLIC RIGHT-OF-WAY ENCROACHMENT LICENSE AGREEMENT (Nonmaterial Correction) THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS The City of Fort Worth (`Licensor") and DRL-DFW Housing Partners, LLC, a Texas limited liability company, (`Licensee") entered into a right-of-way encroachment agreement which was executed on the I P day of February, 2022 and filed as Document No. D222039565 in Official Public Records of Tarrant County, Texas, wherein the Licensee will maintain a private storm drain encroaching upon the City's right-of-way(hereinafter the"Original Agreement"). Affiant on oath swears that the following statements are true and within the personal knowledge of Affiant. My name is Wendy Beardslee. I am over the age of eighteen years and am competent to make this Correction Affidavit. I am a Project Assistant with the City of Fort Worth's Development Services Department. My mailing address is 200 Texas Street, Fort Worth, TX 76102. 1 have personal knowledge of the facts set forth herein due to my review and processing of the Original Agreement. I am making this Correction Affidavit as a correction instrument pursuant to section 5.028 of the Texas Property Code with regard to the following clerical error in the Original Agreement. The Original Agreement contains the following clerical error: the encroachment permit number listed on page one of the Original Agreement was listed as"PN21-00003." The Original Agreement should correctly read as follows with respect to the clerical error described above: the encroachment permit number for the Original Agreement is "PN22-00003." In all other respects said Original Agreement remains unchanged. A copy of this Correction Instrument and notice thereto has been provided to the Licensee under the Original Agreement as evidenced by the email attached hereto and made a part hereof for all purposes. Additionally,notice has been provided to the Licensor as evidenced by the signatures reflected below under this Correction Instrument. FURTHER AFFIANT SAITH NOT. [SIGNATURES APPEAR ON FOLLOWING PAGE] OFFICIAL RECORD CITY SECRETARY Correction Instrument FT.WORTH, TX Tier II Row Encroachment Agreement Page 2 of 2 P N 22-00003 AFFIANT: City of Fort Worth Wendy L eardslee(Feb 21,202212:07 CST) Wendy Beardslee Project Assistant Development Services Date: Feb 21,2022 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 Wendy Beardslee, Project Assistant (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 City of Fort Worth, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 21" day of February, 2022. Jennifer L. 11ptA,J,,,11,1nnifer L.Ezernack Date:2022.02.2116:15:29-06'00' 14D JENNIFER L. EZERNACK Ezernack Notary Public STATE OF TEXAS Notar Public m and for the Notary I.D. .Mar. 1,2 }l My Comm.Exp.Mar. 1,2024 State of Texas Correction Instrument Tier II Row Encroachment Agreement Page 2 of 2 PN22-00003 City: CITY OF FORT WORTH i=� By: DJ Harrell(Feb22,2022 10:15 CST) D.J. Harrell, Director of the Development Services Department Date: Feb 22,2022 ATTEST: Approved As To Form and Legality ��u�tt�s. �r�r7aCG Jannette S.Goodall(Fe 28,2022 07:14 CST) !/!� Jannette Goodall, Thomas Royce Hansen City Secretary Assistant City Attorney Ordinance No. 24161-04-2020 Date: Feb 28,2022 Date: Feb 22,2022 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. IA44-sca"L-�fMrrPAZI-k Janie Scarlett Morales(Feb 22,2022 09:29 CST) Janie S. Morales Development Services Date: Feb 22,2022 Correction Instrument Tier II Row Encroachment Agreement Page 2 of 2 P N 22-00003 � ' i 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 22nd day of February , 20 22 Wendy L. Digitally signed by Wendy L. Beardslee Bea rd s I ee Date:2022.02.22 15:07:14-06'00' lqi) WENDY L Public LEE Notary Public.D. 13323719-3 Notary Public in and for the State of Texas STATE OF TEXAS Notary My Comm.lExp.July 28,2025 Correction Instrument Tier II Row Encroachment Agreement Page 2 of 2 P N 22-00003 From: Mary Nell Poole To: Beardslee,Wendv Subject: RE: Review is complete for:Tier II ROW Encroachment Agreement-PN22-00003//2821-2825 Weinsenberger St Date: Wednesday,February 16,2022 3:38:51 PM CAUTION:This email originated from outside of the City of Fort Worth email system. Do not click any links or open attachments unless you recognize the sender and know the content is safe. Wendy: Yes— my client agrees that you should correct the permit number and record. Thanks! Mary Nell 0W I T E CI Al I' A N Y 2918 XX%ingate,Suite 100 Fort\ orth,TA'76107 817 850-9500 817 850-9503 F From: Beardslee, Wendy<Wendy.Beards lee @fortworthtexas.gov> Sent: Wednesday, February 16, 2022 3:35 PM To: Mary Nell Poole <marynell@townsiteco.com> Subject: RE: Review is complete for:Tier II ROW Encroachment Agreement- PN22-00003//2821- 2825 Weinsenberger St Mary, As I said in my previous email that I have recorded all the agreements. One agreement PN22-00003 (attached has the wrong PIN number PN21-00003 on page one) everything else is correct. I need to know if the signatory is in agreement that I correct this number on Page one and record the document with the correct PIN Number? Thankyou Sincerely, _X�zi/y�� Wendy Beardslee Project Assistant Development Services 200 Texas Street Fort Worth,TX 76102 F-1 wendy.beardsleena fortworthtexas.g_ov Office Phone (817) 392-7645 We are requesting exhibits plotted as 8.5x11 when submitting for SWFMAs and Encroachments. New Encroachment fees effective April 1, 2021: encroachment application fee is$700 and right- of-way fees are $2.00 per linear or square foot. Check Permit Status here. I am here to serve you! How am I doing? Please contact my manager at Janie.Morales(@fortworthtexas.gov Please take our Customer Service Survey at http://fortworthtexas.Rov/development/ City of Fort Worth -Working together to build a strong community FORTWORTH. lro�� From: Mary Nell Poole <marynell(@townsiteco.com> Sent: Monday, February 14, 2022 12:49 PM To: Beardslee, Wendy<Wendy.Bea rdslee(cDfortworthtexas.gov> Subject: RE: Review is complete for:Tier II ROW Encroachment Agreement- PN22-00002//2820- 2824 Weinsenberger St CAUTION:This email originated from outside of the City of Fort Worth email system. Do not click any links or open attachments unless you recognize the sender and know the content is safe. Yes—thanks! I' i:) W S I T E 2918 Wingate,Suite 100 Fort Forth,TX 76107 817 850-9500 817 850-9503 F From: Beardslee, Wendy<Wendy.Bea rdslee(@fortworthtexas.gov> Sent: Monday, February 14, 2022 12:46 PM To: Mary Nell Poole <marynell(@townsiteco.com> Subject: RE: Review is complete for:Tier II ROW Encroachment Agreement- PN22-00002//2820- 2824 Weinsenberger St Date Received: 02/11/2022 Permit Number:,PN22-00003_ Time Received: 1.$ PM City Secretary No.: 57104 PUBLIC PROPERTY RIGHT-OF-WAY ENCROACHMENT LICENSE AGREEMENT TIER II 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 DRIrDFW Housing Partners, LLC, a(n) Texas limited liability company ("Licensee"), acting by and through its duly authorized President and CEO. RECITALS WHEREAS, Licensee is the owner of the real property located at 2821 — 2825 Weisenberger Street, 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 right-of-way (street) (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-20-110; 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 Tier II ROW Encroachment Agreement CITY SECRETARY PN22-00003 FT.WORTH, TX 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 II ROW Encroachment Agreement Page 2 of 13 PN22-00003 Revised 11/2021 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). Additionally, Licensee agrees to pay a fee in the amount of$2.00 per square/linear foot of the encroachment area upon execution of this Agreement and annually thereafter. 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. Tier II ROW Encroachment Agreement Page 3 of 13 PN22-00003 Revised 11/2021 9. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES. 10. While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance naming City as certificate holder as proof that is has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and described in Exhibit "C." The amounts of such insurance shall be not less than $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. Tier II ROW Encroachment Agreement Page 4 of 13 PN22-00003 Revised 11/2021 11. Licensee agrees to deposit with the City when this Agreement is executed a sufficient sum of money to be used to pay necessary fees to record this Agreement in the real property records of the county in which the Encroachment is located. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. 12. Licensee agrees to comply fully with all applicable federal, state, and local laws, statutes, ordinances, codes, and regulations in connection with the construction, operation, and maintenance of the Encroachment and use of the Public Property. 13. Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for by this Agreement or by any federal, state, or local statute, law, or regulation. 14. Licensee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant, or employee of City, and Licensee shall have exclusive control of and the exclusive right to control the details of its operations, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. The doctrine of respondeat superior shall not apply as between City and Licensee, its officers, agents, servants, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Licensee. 15. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain, and locate the Encroachment over or within the Public Property and is not a conveyance of any right, title, or interest in or to the Public Property, nor is it meant to convey any right to use or occupy property in which a third-party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. 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 II ROW Encroachment Agreement Page 5 of 13 PN22-00003 Revised 11/2021 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 PAGE] Tier II ROW Encroachment Agreement Page 6 of 13 PN22-00003 Revised 11/2021 City; Licensee: CITY OF FORT WORTH DRL-DFW Housing Partners, LLC a Texas limited liability company By; DJ Harrell(Feb 10,2022 10:40 CST) By; 4A D.J. Harrell, Director of the Name: Dori R Liv Sion Development Services Department Title: Founder, President & CEO Date: Feb 10,2022 Date: 44'���nll ��. °FORT% aa�� 0 0 0 0 P 0 Y°p000 000a�K ATTEST: �� nE..0.0 Approved As To Form and Legality Jannette S.Goodall(FeT3 10,202213:03 CST) — Jannette Goodall, Thomas Royce Hansen City Secretary Assistant City Attorney Ordinance No. 24161-04-2020 Date: Feb 10,2022 Date: Feb 7,2022 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: Feb 7,2022 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Tier Il ROW Encroachment Agreement Page 7 of 13 PN22-00003 Revised I1/2021 ***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 loth day of February 20 22 YP(�e WENDY L BEARDSLEE WendyL. Digitally signed by WendyL. _ Notary Public Beardslee + + STATE OF TEXAS Beardslee Date:2022.02.10 11:47:05-06'00' 4 Notary I.D. 13323719-3 ,�- Notary Public in and for the State of Texas v'FoF My Comm.Exp.July 28,2025 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 ROW Encroachment Agreement Page 8 of 13 PN22-00003 Revised 11/2021 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of TeXc l , on this day personally appeared Don R. Livingston, Founder, President & CEO (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 DRL-DFW Housing Partners, LLC, a Texas limited liability company (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of Jomuq"r 20�a �I r_/►��� S.Rv roe CYNTHIA WACNON Notary!D#1 299649 1 3 Notary Public in and for the x Y Commission Expires yrF aF.tw5y Septemher 19, 2022 State of T?) ck 5 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Tier II ROW Encroachment Agreement Page 9 of 13 PN22-00002 Revised 11/2021 EXHIBIT A Legal Description of the Licensee's Property Lot 4, Block 11 WEISENBERGER ADDITION, an Addition to the City of Fort Worth, Tarrant County, Texas, according to plat recorded in Volume 388-A, Page 120, Deed Records of Tarrant County, Texas. Lot S, Block 11, WEISENBERGER ADDITION, an Addition to the City of Fort Worth, Tarrant County, Texas, according to plat recorded in Volume 388-A,Page 120, Deed Records of Tarrant County, Texas. Tier II Easement Encroachment Agreement Page 10 of 13 PN21-00196 Revised 11/2020 EXHIBIT B Depiction of the Public Property Tier II ROW Encroachment Agreement Page 11 of 13 PN22-00003 Revised 11/2021 ! I v C Ea ICI m z 1 E I I m P Z l i gig�ma j I NO.1311"E 143.00- 'd gaago- r III '�'re I ___ ___ __ _ _ rvo•tsilf tzza_v n I II I _ _________f_=sa•1s17w izSav--______ _____ __ _____- a� ozo II N'•` I 1 I I :$ i sT 1 m 'a ° Now =t I jl I -- - ___ --------------------------so 1717w 7azss-- -- I m � II I g u�ma IL I e a N m m --i $IS -- -- ------ o� -- -- -- m $ 8m o II I g3 1 m __by±________________Nrctstt•e 1zz.as__ __ ob A I ¢ N C7 _______________ r----Y- t omo m U3 UP II $ x 2O�2 r0 III a IIII'I z�r°7II�/g�y4^,5�G_________ _ I% _ - -- __ __ —_-_—__t_—_—__—______I $ NN o I / 50'13.1M 143.00' _ / H III Ig41 SxS I Ci 11 I I o'aJ I I I I I I _ "-�� H "aoo @W m mad a Rgjn r yy m � o m . .4 R m YmA 5 5 �3€ 8 Laq<N s $ o .a o; mg e e � I��m u � 8�� J.g 4 lu 3g Asn OjRa 08 q gym$ o e $ a 13 �2 >>9 m anal N m 4 $8 0 S g R 14H3 I„ iw N. a to . x 4 W 3c .. '"d'z r ao a g' lox �o F �% sad°x z € �" g e s ga N gIg =o �" � pa $ RHn 3 rcRS ` �aaE. m amp g8ag� fivil @a ��� „ ggR $ �^ e�$2fiRoaP �.� �€� C ag R Q e� E- 'o a 3 n 9ag Za� gp as $� s^ ^ SCTC ° gip sumag, g6"�w aa�o; dY9 pC g�� 3 a3�^ W; ae a a�e_s -�w ^ � g� $ - 3$ c gsu € 3s9' 3 G D G O §Aa3 S�RYgm °`°-an 3 Eg g'� % %8 �""-�s, r;g a"°�'' �� SO_g 3 D C) rR1.Z1 RI =%i S�a - �� R& �ffi¢ _ m 358° ag @8�4_ ulp 9 A D (n m r n gm3 �43a � s % m o ssds /�� ZDZp(Wn3Z W Nq° �s gs $ -ij 1-P HR 2ss e 8 EI u i C)I ;mu•n Z]-u Z> �3��°Y�go �;� egg= z �n � a x° Rm; - -.fie � d�a 8m.= s r dr _ s n e� ffi R -A ZJ)A z m A �oYs�3. v � ;G�. { 6 1 O O y O A HP v - U) <z �W p Z tan26 v3.3 EXHIBIT C Depiction and description of the Encroachment Tier II ROW Encroachment Agreement Page 12 of 13 PN22-00003 Revised 1 I12021 wdseNeeeae.nodnoN co I I I A p r r � II II I I I I ti� I I I I I I I I I I I I I I zy' I y I I I I I I I III I I I I 1 II I III I I 1 II I I I I I I I I II I cy II I I 3� I r v. _ zm moo. z II I o m 1 — ------- -- ----- °m<- ��_ aAl 6 m II I m A m p I I p I I I _ II I I II I o�0 5 I I I II I sy' pN= I I f II I nm I — o I I II IIII � 3t II � I o I I I I II 1 I I I 1 I I f I I II I I li i --------------- --- ------------- --- ----- --- --- — ------ -- i I I 1 I I I ar-w raioo aAMh 4 I ! 1 m ,,vasE°3" -a`„o 140N t m m 1 •u (1-3—PG w) anti... 'b m I.s,vnuano.s.o on.raa»ai 4�~ i I I Ix - ny ~� I I I I I I = I II 1 I I 1 I I I I I I I I I I I I i I I � III I r ' 1 Z LOFTS AT IGmley*Horn C) STORM PLAN WEISENBERGER SW w o CITY OF FORT WORTH,TEXAS =.oHE m-,msss - '- v.rn�awurF-.n,.aWccin,xr.3aa —Ad- EXHIBIT D Certificate of Insurance `Pier II ROW Encroachment Agreement Page 13 of 13 PN22-00003 Revised 11/2021