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HomeMy WebLinkAboutContract 58741Date Received: 1/29/2023 Time Received: 3:00 p.m. Permit Number: PN21-00150 City Secretary No.: 58741 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 TANGER FORT WORTH, LLC, a North Carolina limited liability company ("Licensee") by and through its duly authorized Manager. RECITALS WHEREAS, Licensee is the owner of the real property described as Lots 1, 2, and 3, Block 4 of Champions Circle Addition, an addition to the City of Fort Worth, Denton County, Texas as recorded as Instrument No. 2016-123455, of the Deed records of Denton County, Texas ("Property"), being more particularly described in the attached Exhibit "A" which is incorporated herein for all purposes; and WHEREAS, Licensee and City have previously entered into an Easement Encroachment License Agreement recorded October 3, 2016 in the real property records of Denton County as Instrument No. 2016-123576 ("Previous Agreement") which addressed certain encroachments on the City's existing sanitary sewer easement (the "Previous Public Property"), of a 42", 24" & 18" storm line and 2' high Landscape Berm; WHEREAS, since entering into the Previous Agreement, it has been determined that due to the Licensee's new plans for the Property, a portion of the City's sanitary sewer easement within the Previous Public Property needed to be relocated to a new location on the Property, within a new sanitary sewer easement which has already been recorded in the real property records for Denton County as Instrument No. 2022-26740 ("Public Property") attached hereto as Exhibit "B"; WHEREAS, a portion of the Previous Public Property will be vacated by the City when the new sanitary sewer line within the Public Property is made operational; WHEREAS, based on the location of the new Public Property, the Licensee now desires to construct, place, and maintain certain new improvements which will encroach in, on, above, or below the Public Property; and WHEREAS, to accommodate the needs of the Licensee, the City and Licensee have agreed to enter into this Agreement which will allow for new encroachments over the Public Property which will consist of a private underground, storm drain and an Tier II Easement Encroachment Agreement PN21-00150 OFFICIAL RECORD CITY SECRETARY Page 1 of 14 Revised 11/2020 FT. WORTH, TX underground water and electrical line, 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 underground storm drain and underground water and electric lines (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 the Encroachment to further infringe in or on the Public Property beyond what is specifically described in Exhibit "C," unless pursuant to modifications to City approved plans. Once approved by the City, all such matters shall remain on or for the benefit of the Property unless modified by agreement of the parties. 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. tj 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 only as determined by the Director of Tier II Easement Encroachment Agreement Page 2 of 14 PN21-00150 Revised 11/2020 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 as permitted under the easement granting the Public Property to the City, including installing, repairing, replacing, or maintaining its improvements to its public facilities in the Public Property as 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 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 so 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. The City agrees to not unreasonably withhold or delay its consent to a request from the then owner of the Property at the end of the term to enter into a new agreement on substantially the terms and conditions of this Agreement. However, the City may terminate this Agreement upon Licensee's noncompliance with any Tier II Easement Encroachment Agreement Page 3 of 14 PN21-00150 Revised 11/2020 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. 8. 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 or surface, communication, drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not, that the parties agree to negotiate in good faith in order to accommodate both the Encroachment and the public purpose. 9. 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, 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. Tier II Easement Encroachment Agreement Page 4 of 14 PN21-00150 Revised 11/2020 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 Commercial General Liability 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 performing work within the Public Property. 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 Tier II Easement Encroachment Agreement Page 5 of 14 PN21-00150 Revised 11/2020 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. 17. The parties agree that the duties and obligations contained in Section 4, 5 and 6 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. Tier II Easement Encroachment Agreement Page 6 of 14 PN21-00150 Revised 11/2020 19. Any cause of action for breach of this Agreement shall be brought in Denton 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 PN21-00150 Page 7 of 14 Revised 11/2020 City: CITY OF FORT WORTH By: DJ Harrell (Jan 18, 202313:42 CST) D.J. Harrell, Director of Development Services Department Date: Jan 18, 2023 ATTEST: U � s Jannette Goodall, City Secretary Date: Jan 19, 2023 Licensee: TANGER FORT WORTH, LLC, a North Carolina limited liability company By: Tanger Devco, LLC, a North Carolina limited 1' bility com ar its Mana r By: .._> Name: Thomas J. Guerrieri, Jr, Vice President Title: Treasurer Date: ��s'2 oa 3 Approved As To Form and Legality Thomas Royce Hansen Assistant City Attorney Date: Jan 13, 2023 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. Rebecca Diane Owen Rebecca Diane Owen (Jan 13, 202311:23 CST) Rebecca Owen Development Services Date: Jan 13, 2023 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II Easement Encroachment Agreement Page 8 of 14 PN21-00150 Revised 11/2020 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 18th day of January 2022 . WendL. Digitally signed by Y Wendy L. Beardslee Beardslee Date:2023.01.18 14:37:38-06'00' 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 Tier II Easement Encroachment Agreement o�pRY1'(WENDY L BEARDSLEE _ Notary Public * +►� STATE OF TEXAS N� P Notary I.D. 13323719-3 9jFOF My Comm. Exp. July 28, 2025 PN21-00150 Page 9 of 14 Revised 11/2020 STATE OF NORTH CAROLINA § COUNTY OF GUILFORD § W'0 BEFORE ME, the undersigned authority, a Notary Public in and for theState of 0i&�irkli., on this day personally appeared /&tnaS I/1'a, TreSidu& d 7r-tc sui e iknown 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 Tanger Devco, LLC, the Manager of Tanger Fort Worth, LLC, a North Carolina limited liability company, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE thisday of Notary Public in and for the State of k C Tier II Easement Encroachment Agreement PN21-00150 BOBBIE S. COX NOTARY PUBLIC Guilford County North Carolina My Commission Expires 3-18-2024 Page 10 of 14 Revised 11/2020 EXHIBIT A Description of the Licensee's Property BEING a tract of land situated in the G. W. SHAMBLIN SURVEY, ABSTRACT NO. 1191 and the R. DANIEL SURVEY, ABSTRACT NO. 362, in the City of Fort Worth, Denton County, Texas, being all of a tract described in a deed to Tanger Fort Worth, LLC as recorded in County Clerk's Document Number: 2016-123455, Official Public Records, Denton County, Texas, described as follows: Being all of Lot 1, Block 4, Champions Circle Addition, an addition to the City of Fort Worth, Denton County, Texas, according to the Plat thereof recorded in County Clerk's Doc Number 2016-2167, Official Plat Records, Denton County, Texas; and Tier II Easement Encroachment Agreement PN21-00150 Page 11 of 14 Revised 11/2020 EXHIBIT B Depiction of the Public Property Tier II Easement Encroachment Agreement PN21-00150 Page 12 of 14 Revised 11/2020 Denton County Juli Luke County Clerk Instrument Number: 26740 ERecordings-RP EASEMENT Recorded On: February 22, 2022 10:15 AM Number of Pages: 7 " Examined and Charged as Follows: " Total Recording: $50.00 *********** THIS PAGE IS PART OF THE INSTRUMENT *********** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Document Number: 26740 Receipt Number: 20220221000049 Recorded Date/Time: February 22, 2022 10:15 AM User: Kraig T Station: Station 25 Record and Return To: Corporation Service Company STATE OF TEXAS GUN COUNTY OF DENTON t I hereby certify that this Instrument was FILED In the File Number sequence on the dateltime printed hereon, and was duly RECORDED in the Official Records of Denton County, Texas. G Juli Luke 7846 � County Clerk Denton County, TX CPN 102570 CBOCS-FT. WORTH PARCEL 1 15853 I-35 W LOT 1, BLOCK 4, CHAMPIONS CIRCLE ADDITION THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON § CITY OF FORT WORTH PERMANENT SEWER FACILITY EASEMENT DATE: GRANTOR: TANGER FORT WORTH, LLC GRANTOR'S MAILING ADDRESS (including County): 3200 NORTHLINE DR,, SUITE 360 GREENSBORO, GUILFORD COUNTY, NC 27408 GRANTEE: CITY OF FORT WORTH GRANTEE'S MAILING ADDRESS (including County): 200 TEXAS ST. FORT WORTH, TARRANT COUNTY, TX 76102 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. EASEMENT PROPERTY: Being more particularly described in the attached Exhibits "A" and "B" Grantor, for the consideration paid to Grantor and other good and valuable consideration, hereby grants, sells, and conveys to Grantee, its successors and assigns, an exclusive, perpetual easement for the construction, operation, maintenance, replacement, upgrade, and repair of a Permanent Sewer Line Facility (hereafter referred to as "Facility"). The Facility includes all incidental underground and aboveground attachments, equipment and appurtenances, including, but not limited to manholes, manhole vents, lateral line connections, pipelines, junction boxes in, upon, under and across a portion of the Easement Property and more fully described in Exhibits "A" and "B" attached hereto and incorporated herein for all pertinent purposes, together with the right and privilege at any and all times to enter the Easement Property, or any part thereof, FORT WORTH. SEWER FACILITY EASEMENT Rev. 121212021 for the purpose of constructing, operating, maintaining, replacing, upgrading, and repairing said Facility. In no event shall Grantor (1) use the Easement Property in any manner which interferes in any material way or is inconsistent with the rights granted hereunder, or (II) erect or permit to be erected within the casement property a permanent structure or building, including, but not limited to, monument sign, pole sign, billboard, brick or masonry fences or walls or other structures that require a building permit. However, Grantor shall be permitted to install and maintain a concrete, asphalt or gravel driveway, road or parking lot across the Easement Property. Grantee shall be obligated to restore the surface of the Easement Property at Grantee's sole cost and expense, including the restoration of any sidewalks, driveways, or similar surface improvements located upon or adjacent to the Easement Property which may have been removed, relocated, altered, damaged, or destroyed as a result of the Grantee's use of the Easement Property granted hereunder. Provided, however, that Grantee shall not be obligated to restore or replace irrigation systems or other improvements installed in violation of the provisions and intended use of this Easement Property. TO HAVE AND TO HOLD the above -described Easement Property, together with all and singular the rights and appurtenances thereto in anyway belonging unto Grantee, and Grantee's successors and assigns forever; and Grantor does hereby bind itself and its successor and assigns to warrant and forever defend all and singular the easement unto Grantee, its successor and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. When the context requires, singular nouns and pronouns include the plural. [SIGNATURES APPEAR ON THE FOLLOWING PAGES] SEWER FACILITY EASEMENT Rev. 1212/2621 GRANTOR — TANGER FORT WORTH, LLC A North Carolina Limited Liability Company: By: Tanger Devco, LLC, a Limited Liability Company its Manager r:. By: s FCWdtams, Vice President & Treasurer ACKNOWLEDGMENT THE STATE OF Mpr+k Lralin 0 COUNTY OF r, u i ayd § BEFORE ME, the undersigned authority, a Notary Public in and for the State of TEXAS, on this day personally appeared James F. Williams known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of TANGER DEVCO, LLC the manager of TANGER FORT WORTH, LLC, and that he/she executed the same as the act of said entities for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 16� day of .p�jrvd.v , 2022 . Notary Public in and forthe State of Ajorl% Oa of jte- �.� SHARON SUSAT NOTARY PUBLIC Alamance County, North Car Tina My Com20 mission 2.0 Expires SEWER FACILITY EASEMENT Rev. 12212021 GRANTEE: CITY OF FORT WORTH By: DJ Harre2022ll21 CST) Dalton Harrell Development Services Director APPROVED AS TO FORM AND LEGALITY: Thomas R. Hansen Assistant City Attorney 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. By: ' .-1-4 r -� Janie Scarlett Morales Planning Manager ACKNOWLEDGEMENT THE 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 Dalton Harrell, Development Services Director of the CITY OF FORT WORTH, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the CITY OF FORT WORTH and that he executed the same for the purposes and consideration therein expressed and, in the capacity, therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 21st day of February 2022 Notary Public in and for the State of TEXAS PORT i''VORTH, SEWER FACILITY EASEMENT Rm 1212f2021 W E 50, 1 Scale 1"=100' G) m SANITARY SEWER EASEMENT ©.Cn � > x INSTRUMENT NUMBER 2016-2167 m� i -{ w.-1r LOT 1, BLOCK 4 Z z OCINSTRUMENT CHAMPIONS CIRCLE ADDITION 1-1 NUMBER 2016-2167 w �C SEWER EASEMENT I 0.172 ACRES 7,480 SQUARE FEET 10 CIRF ' W.A.I " C1 N17000SM ` 47.7W FR.':o' e� 4 Ow REMAINDER OF ROANOKE 351114 PARTNERS, L.P. & ROANOKE 351114 O&G PARTNERS, L.P. TRACT 3 INSTRUMENT NUMBER 2007-21421 Winkelmann & Associates Inc. O CGNU LTMC Ch&9 JGINBM 6 8UR&EYOM 6MNk&061r PIFIAWgN1=MZ13 19771.66.7666 - GYlA3.7 x" rxm i1'AF 766l PiU( ��.` •• Taos � ate. aeglfb-rtionNw as -- •''�'V.4`?p• Jgi' Tdc9a ewveyarsNo. tooeeeoa E6pkeai23t-20 COPYR04T 0 20M Wsdlnl a Aswcw 6, hm r � y 'ys 0 r3Y Scale. 1"-1ov [ Om. Flip - &MI.0o•Sawer Easement 112" CIRF °W.A.I " CM ABBREVIATION LEGEND ASM DEFIN M GIRF IRON ROD FOUND 1MiH CAP Cm GONTROLUNG IAONUMENT 4"AT" ') / wC AZ ¢4& 2 �� m4� AZ 11�- 'e ANT OF EXHIBIT A SEWER EASEMENT 0.172 ACRES SHEI (7,480 SQ. FT.) I TANGER FORT WORTH, LLC OF 3200 NORTHLINE AVE. STE. 360 GREENSBORO, NC 27408 SEINER EASEMENT DESCRIPTION STATE OF TEXAS § COUNTY OF DENTON § BEING a tract of land situated in the G.W. SHAMBLIN SURVEY, ABSTRACT NO. 1191, City of Fort Worth, Denton County, Texas, and being a portion of Lot 1, Block 4, Champions Circle Addition, an addition to the City of Fort Worth, Denton County, Texas, according to the plat thereof recorded in Instrument Number 2016-2167, Official Public Records, Denton County, Texas, and being more particularly described as follows: COMMENCING at a 112-inch iron rod with red plastic cap stamped "W.A.I." found for the Southeast corner of said Lot 1 at the intersection of the Westerly right-of-way of Interstate Highway 35-W, a variable width right-of-way, and the Northerly right-of-way of Outlet Boulevard, a 100-foot right-of-way; THENCE North 58 deg 20 min 42 sec West, departing the Westerly right-of-way of said Interstate Highway 36--W and along the Southerly line of said Lot 1 and the Northerly right-of-way of said Outlet Boulevard, a distance of 164.27 feet to a point for comer, said point being the Southeast comer of a Sanitary Sewer Easement, according to said Champions Circle Addition, from which a 112-inch iron rod with red plastic cap stamped' W.A.I." found bears North 58 deg 20 min 42 sec West, along the Southerly line of said Lot 1 and the Northerly right-of-way of said Outlet Boulevard, at a distance of 773.30 feet; THENCE departing the Northerly right-of-way of said Outlet Boulevard and over and across said Lot 1 the following: North 30 deg 21 ruin 39 sec East, along the Easterly line of said Sanitary Sewer Easement, a distance of 70.35 feet to the POINT OF BEGINNING; North 83 deg 19 min 37 sec West, a distance of 43.68 feet to a point for comer, said point being situated in the Westerly line of said Sanitary Sewer Easement; North 17 deg 00 min 33 sec West, a distance of 47.70 feet to a point for corner, North 30 deg 20 ruin 27 sec East, a distance of 107.00 feet to a point for comer; North 65 deg 42 min 38 sec East, a distance of 65.01 feet to a point for corner, said point being situated in the Westerly line of said Sanitary Sewer Easement; South 41 deg 58 min 02 sec East, a distance of 36.73 feet to a point for corner, said point being situated: in the Easterly line of said Sanitary Sewer Easement; South 65 deg 42 min 38 sec West, a distance of 65.01 feet to a point for comer, South 30 deg 20 min 27 sec West, a distance of 73.70 feet to a point for comer, South 17 deg 00 min 33 sec East, a distance of 54.50 feet to the POINT OF BEGINNING. CONTAINING within these metes and bounds 0.172 acres or 7,480 square feet of land, more or less. Bearings shown hereon are based upon an on -the -ground Survey performed in the field on the 9th day of July, 2014, utilizing a G.P.S. measurement (NAD 83, Grid) from the GeoShack VRS network. Winkelmann -~ & As seciiates, Inc. OF N�'Cs's 6MM"M3Tree7Aare14W%215 C`A O���� oALua.TV" razx �arq�9o-row x ......... # TOM En9 mm Reodration W as L T�Sur4"Nix lUaa6�80DEK&wi2 i-2o EOf�A}} JAY cowrrtwNro 2aaa,rrrwamgnnsnsmmw.►nc 11EKER N rWA - 61 14.20 11 owe_ Fib - e26w_0o-8ewerEasemwd i EXHIBIT B SEWER EASEMENT 0.172 ACRES (7,480 SQ. FT.) SHEE1 2 TANGER FORT WORTH, LLC OF 3200 NORTHLINE AVE. STE. 360 2 GREENSBORO, NC 27408 EXHIBIT C Depiction and description of the Encroachment Tier II Easement Encroachment Agreement PN21-00150 Page 13 of 14 Revised 11/2020 VICTORY C/R. STATE ROUTE 114 P° AO A Y a �Q- Z O 0 O lb 77 0 cb OUTLET BLVD �' �� W Lu SITE QOP � O <(� m J W CITY PROJECT NUMBER: 102570 MAPSCO NO.643 LOCATION MAP CRACKER BARREL OLD COUNTRY STORE (STORE #778) 15805 NORTH FREEWAY DENTON COUNTY CITY OF FORT WORTH STATE OF TEXAS SCALE: N.T.S. DATE: 03/27/2020 DESIGN: JOB NO.: KAH 756924-01 DRAWN: SHEET NO.: CESOkO KAH CHECKED: WWW.CESOINC.COM MBR OF W:\PROJECTS\CRACKER BARREL\PROJECTS\756924 - FT WORTH TX\03-CIVIL\PLAN\PLOT\CFA EXHIBITS\LOCATION MAP.DWG - 3/27/2020 7:48 AM UNNAMED PRIVATE DRIVE PROPERTY INFORMATION ADDRESS:15805 N. FREEWAY PLAT NO.: FP15-16 BK 2016, PG 2167 10/03/2016 EXISTING PUBLIC SANITARY SEWER 35'SANITARY EASEMENT ENCROACHMENT EXHIBIT "A" CRACKER BARREL OLD COUNTRY STORE 15805 N. FREEWAY DENTON COUNTY FT. WORTH TEXAS SCALE: 1" = 30 FEET DATE: 04/15/2022 DESIGN: JOB NO.: KAH CESOOO 756924 NO.: DRAWN: SHEET NO.: KAH CHECKED: WWW.CESOINC.COM 1 OF 2 KAH L\PROJECTS\756924- FT WORTH TX\03-CIVIL\PLAN\EXHIBIT\EXHIBIT- SAN ENCROACHMENT.DWG-4/12/2022 1 19 PN I 0o aN ozmz� c ti z G rd n bj / Id c� ItC)r'A -• w d � " w (D L �' 3S C� C� 1-1 pxxtn�2 Ot 00 'TIC r�n�0��°xt�zyrmd�n�'�9�xrm nd zo OCy C 00 xbCn m � CZ m�d� r��Lmbz�x�cdm pp w O l J `nc���� •, m�� �,x�cmxoz�om pdoo Pd �a � �m�x tee_ � �, OC7mpxxG�����Oz�rjcn�z�Or z �°.°o (Da �Hc me �d (7�x t7 n�nt7p�9 0� n�Lj m ���Cdcn > ACT, n N �ozod�ma z°�x xyWo 0 1yocn 4�r�C7m-]-] Ors d�zo) p m O m C d I I - Op 00 - c a = 1-3 m . 00����'m�m •- ��'7 `b��g��� �ja �o o~ tioti N ` m 0 -o m� � h� ���,/ � O � m z o� / 'IV3 z m Jo 00 ,J 9G 39, w z .� o O / o �O �n d me o a rD CD Rt l a L��UBL13s�p� ~ C4roH oydzp�n�p'C rxm� H�nHdN��y 4t7r4�t7y��y nbm m�pzxonnm C~nz��Hc- o0 x ��mm��mHomzro�z�doz�zy zz � �m zp�p��yOn��z��p� mrzz 9 de S �ZH n o zdzpz�yx�y�xmnzp���y m = `� �Fi,°•x4 mtdrn Lil " Id nOz > Ir1 zP, p, , QD H c-IQ0znp01>00 Ox�Hn" P�n`r�CIO cr 1� O ;p0`"z0%OOpn��"Oic�,�zzH ems:•.•' CEO r�x Cl-r H�jz" �Jyp /)a "in)dcn yyH r�HH x nCCzr mNzx09cn rmyrOm�y���l�Oy� w7 zmz�wmpwmd��py�on� H I —I �Oy o C-- C-- O��dOH�Wn Z N y �wyr Or CC,) z N H d�crm�ON�p H y" Y O x t7 ccf) 0000mo h �/ V �s o O CR PC \ IN /cn IN a ° N x- o CD t7[ cn�zm��mG��0O�00mdN �z .� `fir r �Nm�zcmoo�`�N �mz 9cm�y ��romd�z�zm ,z� rG x �Cmnb� cn n G�oxzO�10�m0 9� �HxrA o° rind Cgm�On�z o x 9 O o�r�'unz�yzPd� O Ooo�m��,xmzr yo o.�� zz0w°j -iC" tn��ivp9 r yzz�x�mn H cm`"n�(�'c�nmom?zC7z�Cp Z- r m� Om`drl N l J �z00'xH9m-4nzwz�N�I� z n n° Q0 �� m c.. �� �• Gp, ul ^ �yyOz��90 �IJ Oxxm y ���z ��r q >Pd r71< O �'� Vic" O� M �p yCj0?d O O A 1 � G' �1J m�mt7x ��z O d9 yr ecf) �x�r���xm�x�zxnn° � �cd c9x z�Z�z�mmOnp� m0✓ zc OzcnwC, O �Hmxtyy7.3 c H zm-�0��d��9zOz z c �P,�m�'���mOrCz�Crnczi ■ § § ! ) kPR § \ ), s ]!Fn ) e k PR �` ! / |m \ \ j ` \ \ / �, � m& m& `m ` \ ` 62-PR � § � 62LQ ( ) � ) } � w 1 �■�■�■��■�■� I■■■■■■■■■■■■■■1■■�� — — — — — � � | ■■■ �| ■■1 ._._._._.� 1 1 ■|I■■� XER BARREL o COUNTRY * FORT 0 T /X . \� . --�-------- -- - - - . yKIM,-- -- —\--- \ \ \ \ \ \ � \ \ � - , \ a _°m■�� K�� � EXHIBIT D Certificate of Insurance Tier II Easement Encroachment Agreement PN21-00150 Page 14 of 14 Revised 11/2020