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HomeMy WebLinkAboutContract 57754 Date Received: 07/01/2022 Record Number: PN22-00074 Time Received; 3:36pm City Secretary No.: 57754 PUBLIC PROPERTY EASEMENT 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, DRL-DFW 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 2812 -2818 Wingate 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 public access easement (the "Public Property") adjacent to the Property as shown in the attached Exhibit "B," which is incorporated herein for all purposes, and as recorded in the plat records of Tarrant County as plat number FS-20-111; 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 Balcony Cantilever (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 Tier II Easement Encroachment Agreement OFFICIAL RECORD PN22-00074 CITY SECRETARY 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 Easement Encroachment Agreement Page 2 of 14 PN22-00074 duly authorized representative. Any such removal of the Encroachment shall be in accordance with then-existing City regulations and policies. It is understood and agreed to by Licensee that if this Agreement terminates and Licensee fails to remove the Encroachment and restore the Public Property, Licensee hereby gives City permission to remove the Encroachment and any supporting structures from the Public Property, to restore the Public Property, and to assess a lien on the Property for the costs expended by the City in taking such actions. 6. In order to defray all costs of inspection and supervision which the City has incurred or will incur as a result of the construction, maintenance, inspection or management of the Encroachment and use of Public Property as provided for by this Agreement, Licensee agrees to pay to City at the time this Agreement is requested an application fee in the sum of Seven Hundred Dollars ($700.00). 7. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by City. However, the City may terminate this Agreement upon Licensee's noncompliance with any of the terms of this Agreement. City shall notify Licensee in writing of any such noncompliance and if Licensee does not cure the noncompliance within thirty (30) days of notice from City, the City may terminate this Agreement. However,the City may, at its sole option, allow the Agreement to remain in effect so long as Licensee has taken reasonable treasures to cure the noncompliance or is continuing to diligently attempt to remedy the noncompliance. 8. It is farther 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 Easement Encroachment Agreement Page 3 of 14 PN22-00074 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. 'Pier II Easement Encroachment Agreement Page 4 of 14 PN22-00074 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. Tier 11 Easement Encroachment Agreement Page 5 of 14 PN22-00074 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 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 patties hereto and their successors and assigns. 21. This Agreement may be executed in multiple counterparts, each of which shall be considered an original,but all of which shall constitute one instrument Tier II Easement Encroachment Agreement Page 6 of 14 PN22-00074 [SIGNATURES APPEAR ON FOLLOWING PAGE] Tier II Easement Encroachment Agreement Page 7 of 14 PN22-00074 City: Licensee: CITY OF FORT WORTH DRL-DFW Housing Partners, LLC A Texas 1' liability company By: DJDJHa�29,2022 08:54 CDT) By- D.J. Harrell, Director of the Name: Don R tivij on Development Services Department Title: Founder, President & CEO Date: Jun 29, 2022 Date: ��►�0_R 0 aaa� ° �0 °a9�� ° ° v o o=� °°00 °0*1 000000 ATTEST: a�atl z, EXASaA� Approved As To Form and Legality T�hhefte S. Goo�l�ll . ��� ✓Gl.�az�c� Jannette S.Goodall(Jul 1,2022 11:30 CDT) Jannette Goodall, Thomas Royce Hansen City Secretary Assistant City Attomey Date: Jul 1, 2022 Date: Jun 29, 2022 Contract Compliance Manager: By signing I acknowledge that I ain the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements_ Janie S. Morales Development Services Date: Jun 29, 2022 OFFICIAL RECORD Tier II Easement Encroachment Agreement CITY SECRETARY PN22-00074 FT. WORTH, TX 02 ILI 09111111111,11 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 this29th day of—June ,2022 Wendy L. Digitally signed by Wendy L Beardslee O�PFtYPUe' WENDY L BEARDSLEE Date:2022.06.2911:58:04 z o Notary Public Beardslee -05'00' * * STATE OF TEXAS NotaryPublic in and for the State of Texas 9 �y Notary I.D. .J my 28, 3 �oF� M Comm. Exp. July 28, 2025 After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 OFFICIAL RECORD Tier II Easement Encroachment Agreement CITY SECRETARY PN22-00074 FT. WORTH, TX STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of 7tX01 f , 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 -IV iday of 7%ArLe, 2042.1 1� t1tN4,,"ot CYNTHIA WAGNON ary ID#129964B13 Not Public in and for the yCommission Expires eptember 19, 2022 State of Ttleo OFFICIAL RECORD Tier II Easement Encroachment Agreement CITY SECRETARY PN22-00074 FT. WORTH, TX EXHIBIT A Legal Description of the Licensee's Property Lot 4, Block 7, LINWOOD, an Addition to the City of Fort Worth, Tarrant County, Texas, according to recorded in Volume 388-B, Page 181, Deed Records of Tarrant County, Texas. Lot 3, Block 7, LINWOOD, an Addition to the City of Fork Worth, Tarrant County, Texas, according to plat recorded in Volume 388-B,Page 181, Deed Records of Tarrant County, Texas Tier II Easement Encroachment Agreement Page 11 of 14 PN22-00074 MPHFOD � a - 7gg� �' I I r3 - 1-:�,. a # - ` rVv wr�axrwr�war`Artc.urs.cx 3 _ g sw p r 5A'iS5YW IIA05' I I I 1 m I I 11 m ! I I I ] IInn // 3 I I I ] 1 � I J 33yy } hl 1 I I I w I I k I I- ppgg 4° P U <Ryy Im I II a o j`.; jJ I �e l 11 I I I I I �mTT O & P jk I li V I E 3 I I I m SIS .. g q II I 1 I m J - N� O cn - I I W �_•I; J I t I I -0 sa ssuW fIA05' Z D rn t>t D z 0 0 EXHIBIT B Depiction of the Public Property i i Tier II Easement Encroachment Agreement Page 12 of 14 PN22-00074 h I xma,mexal I I1ri0�K1� I IVFEExeF']lrfR r�IGtfG,l �mrrq.rkx bd.��0'nwsearn ev.�rrm�a.m.rrn ar oe+arxo. /L�If JIf lYR.iNAP4GT �1'I�,al�x.nq ..arq.r.e.awainz.n c.rnm•�..+'�xrw. I � 1 I I ��.�wwrinea+nc�.m....a�atn0r.snamm�mrmvu a. a ......,,,.�.�.�.aam..e I I Ike d�pa ----—---—----------—------ ------------ - ---- ---- -------- ----- -- - --- 1---- eT.xw --_---- ---.___-_------- ---- o. - - - - r .d•TM�. .: .. ____ _ --• L #.e xw�avm qr I '�.'�.��:' u.cxu,s ca rcaiwrnr.cuwrtaeo �I Cli .�off,an � {nR.aa649n,ey ECt®amR6,t®' r..anw,.. . aaswrw.vnwmaww� �r'^c�.�.��.: wmnaw�v[ / k.w� P®aew ...�W.,...... �.wd �m [aw,ua+.gram ter.a.w.w•.•.e_u..e�...�.ri.: 5 _------1` P'� -_ qil Ip ®e .. 1� QI I TV r.e oo" o > ar ________ rm. wov i P.O.Be. � '��" `��m...,n•-..r-.�..�r...,� �..�....,.,-.,v �� ::•w�w�a ti�max.,. «.r YANGATE STREET FORT WORIE .r,r. oM ��• o ___ _,_ _. __—_� .. ...... ...... ..—. clrr auxcoMralaswx FINAL PLAT I =0:eaF....,pa..» LOT 3R,BLOCK 7 S LiNW00DADDITtON BEMB A REPLAT OF LOTS 3&4.BLOCK 7. _. UNWPbb ADM I6N WILLIAM BUSSELL SURVEY, o-r ABSTRACT No ISI �. CRY NT FORT ly.TEk TARRANT COUNTI',TFXAS uxerma� "0A1H �s Kimfey»)Horn EXHIBIT C Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page 13 of 14 PN22-00074 LEGAL DESCRIPTION BEING a 40 square foot (0.0009 acre) tract of land situated in the William Bussell Survey, Abstract No, 151, City of Fort Worth, Tarrant County, Texas, and being part of Lot 3R, Block 7, Linwood Addition, an addition to the City of Fort Worth according to the plat recorded in Instrument No. D221087124, Official Public Records, Tarrant County, Texas, said tract being more particularly described as follows: COMMENCING at a 5/8-inch iron rod with cap stamped "KHA" set for the northwest corner of said Lot 3R, from which a 5/8-inch iron rod found for the southwest corner of said Lot 3R, bears South 00231 East, a distance of 110.05 feet; THENCE South 27'26'54" East, a distance of 22.11 feet to the POINT OF BEGINNING; THENCE South 89°46'29" East, a distance of 115.66 feet to a point for corner; THENCE South 00131 West, a distance of 0.53 feet to a point for corner; THENCE North 89°36'02"West, a distance of 115.66 feet to a point for corner; THENCE North 0023'58" East, a distance of 0.17 feet to the POINT OF BEGINNING and containing 40 square feet or 0.0009 acres of land, more or less. NOTES Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202). A survey plat of even survey date herewith accompanies this metes& bounds description. The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the encroachment tract. ENCROACHMENT AREA WILLIAM BUSSELL SURVEY �,/ �P� OF T ABSTRACT NO. 151 QSHUA D.WARGO CITY OF FORT WORTH REGISTERED PROFESSIONAL TARRANT COUNTY, TEXAS LAND SURVEYOR NO. 6391 JOSHUA D. WARGO 801 CHERRY STREET . UNIT 11 SUITE 1300 �' °Po 6391 �aQ�'4 Kimlev* Horn FORT WORTH, TEXAS 76102 9 F E 5 5�°.:' 0 N '••• �1 801 Cherry Si Unit 11,#13W Tel.No.(817)335 6511 PH. 817-335-65'11 0 5'•U•R V ` Fort Worth,Texas 76102 FIRM#10194040 w .klmley-horr.corr josh.wargo@kimley-horn.eom Sale I Drawrbv I Checkedhv Date P-1-1N. I Sheet No. NIA Di JDW 5118/2022 061"841 1OF3 WARGO,JOSH 5/18/2022 429 PM KAFTW_Sl1RVEY1061308400-LOFTS AT WEISENRERGER50WG1661308463-LOT 3R Ri 7 LINWOOD_EA BALG0NY.DWG NaR�H LOT 4R, BLOCK 11 0 5 10 WEISENBERER ADDITION IRSC (INST. NO. D221061210) GRAPHIC SCALE IN FEET OX LOT 3R, BLOCK 7 'X LINWOOD ADDITION (INST. NO. D221087124) I I y _ -- ------- - --- - --- -------- - --- r P.O.B. 5 PRIVATE SIDEWALK WITHIN A PUBLIC m z N USE EASEMENT INST.NO.D221087124 S89°46'29"E 115.66' Y a�D o I N89°36'02"W 115.66' m o � I� I I 0.0009 ACRES (n m p I I I LINE TABLE _ 40 SQ• FT. I m m 0 Z N I I NO. BEARING LENGTH --I [-•-----I .5'PRIVATE SIDEWALK WITHIN A W 0. zz co PUBLIC USE EASEMENT Li 500'13'31"W 0.53' I I INST.NO.D221087124 L2 N00°23'58"E 0.1T I I 5/8"IRF WINGATE STREET LEGEND A 50-FOOT RIGHT-OF-WAY F.O.C.=POINT OF COMMENCING P.O.B.7 POINT OF RFGIAii IRSC=518"IRON ROD WI"KHA"CAP SET NOTES IRFC=IRON ROD FOUND Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202). A metes and bounds description of even survey date herewith accompanies this survey plat. The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey plat accurately sets out the metes and bounds of the encroachment tract. ENCROACHMENT AREA WILLIAM BUSSELL SURVEY of ABSTRACT NO. 151 /J-OSHUA D. WARGO CITY OF FORT WORTH REGISTERED PROFESSIONAL .............................. TARRANT COUNTY, TEXAS LAND SURVEYOR NO. 6391 JOSHUA D. WARGO 801 CHERRY STREET . . .. . UNIT 11 SUITE 1300 6391 �Pv; Kimlev* Horn FORT WORTH, TEXAS 76102 9 '°`E 5 5�°..•`o $01 Cherry Street,Unit 11,#1300 if Tel.No.(817)335-6511 PH. 817-335-6511 0 •S•�•�•v Fort Worth.Texas 76102 FIRM#10194040 wwwkirrley-horr.corr s-ie Drewr by Checked by Date ProiectNo. sheet No josh.Wargo@kimley-horn.com . I .=10' DMD =1 5118/2022 061306043 1 201 3 WARGO,JOSH 5AW2022 4:29 PM KAFTW_SURVEIA061308400-LOFTS AT WFISENSERGER5DWG1051308403-LOT 3R Bi 7 LINWOOD—EA BALCONY.OWG NORTH 0 5-� y 10 i CRAPHIG SCALE IN FEET LOT 4R, BLOCK 11 WEISENBERER ADDITION LOT F, BLOCK 11 (INST. NO. D221061210) WEISENBERGER ADDITION (VOL. 388-A, PG. 120) LOT 3R, BLOCK 7 C7 LINWOOD ADDITION r (INST, NO, D221087124) ZIm m m 5'PRIVATE SIDEWALK WITHIN A PUBLIC USE EASEMENT INST. NO.D221087124 � S89'46'29"E 115.66' = N89°36'02"W 115.66' - m rn � 0.0009 ACRES LINE TABLE I 40 SQ. FT. NO. BEARING LENGTH L1 S00°13'31"W 0.53' L2 N00°23'58"E 0.17' ENCROACHMENT AREA WILLIAM BUSSELL SURVEY ABSTRACT NO. 151 CITY OF FORT WORTH TARRANT COUNTY, TEXAS Kimlev))) Horn 801 Cherry Street,Unit 11,#130 Tel.No.(817)335-6511 Fort Worth,Tex25 76102 FIRM#1 D194040 u+vnv.kimley-horn.com Scale I Drawn by I Checked by I Oats Proiect N, I Sheet No. 1"=10, DMD JDW J 5JI812022 1 C61308403 3 OF 3 WARGO,JOSH 5/1812022 4:29 PM KAFTW_SURVEY1061308400-LOFTS AT WEISENSERCERIDWG1061308403-LOT 3R HLK 7 LINWOOD_EA SALCONY.DWG P �a 4 F n - 6 a a �a s�a �mZ � om� z � _ Ep Basil $ -tSSs. JOB m q k Ea N IN is Z n O C}7 m EXHIBIT D Certificate of Insurance Tier H Easement Encroachment Agreement Page 14 of 14 PN22-00074