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HomeMy WebLinkAboutContract 58742Date Received: 1/19/2023 Time Received: 3:00 p.m. Record Number: PN22-00134 City Secretary No.: 58742 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 V Land Garland, LLC, a Texas limited liability company ("Licensee"), acting by and through its duly authorized general partner. RECITALS WHEREAS, Licensee is the owner of the real property located at 7801 Crowley Road, Fort Worth, Texas 76134 ("Property"), as recorded in the Official Public Deed Records, by Instrument Number D222037117, in the City of Fort Worth, Tarrant County, Texas, being more particularly described in the attached Exhibit "A" which is incorporated herein for all purposes; and WHEREAS, the City owns a sanitary sewer 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-22-121; 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 Lot 1, Block 1, for the purpose of constructing, installing, and maintaining a private storm line (the "Encroachment"). Tier II Easement Encroachment Agreement OFFICIAL RECORD Page 1 of 14 CITYSECRETARY Revised 11/2020 FT. WORTH, TX 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." 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 Tier II Easement Encroachment Agreement Page 2 of 14 Revised 11/2020 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 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 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, 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 Revised 11/2020 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 Easement Encroachment Agreement Page 4 of 14 Revised 11/2020 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 Easement Encroachment Agreement Page 5 of 14 Revised 11/2020 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 Easement Encroachment Agreement Page 6 of 14 Revised 11/2020 City: CITY OF FORT WORTH By: DJ Harrell (Jan 18, 202313:44 CST) D.J. Harrell, Director of the Development Services Department Date: Jan 18, 2023 �0 foRT �addO C ATTEST: v°°_o °o9-►°0 Pvo o=p aT d �� nEXA?oQp Jannette Goodall, City Secretary Date: Jan 19, 2023 Licensee: V Land Garland, LLC a Texas limited liability company by: Garland All Storage Associates, Ltd a Texas limited company its managing member by: Garland All Storage GP, Inc a Texas corporation its general partner By: lV Vice President Date: 1'D. ) :z2j yz Approved As To Form and Legality Thomas Royce Hansen Assistant City Attorney Date: Jan 13, 2023 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier 11 Easement Encroachment Agreement Page 7 of 14 Revised 11/2020 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. va..*W� Rebecca Diane Owen (Jan 13, 2023 12:07 CST) Rebecca Owen Development Services Date: Jan 13, 2023 Tier II Easement Encroachment Agreement Page 8 of 14 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 . Wendy L. Digitally signed by Wendy L. Beardslee Date: 1023.01.1816:01:39 Beardslee -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 O�PRYPUe/ WENDY L BEARDSLEE a Notary Public * * STATE OF TEXAS N e Notary I.D. 13323719-3 9TF00 My Comm. Exp. July 28, 2025 Tier II Easement Encroachment Agreement Page 9 of 14 Revised 11/2020 OKLAHOMA STATE OF TEXAS § COUNTY OF TAPMEANT § CANADIAN BEFORE ME, the undersigned authority, a Notary Public in and for the State of Oklahoma , on this day personally appeared Mark McDowell, VP General partner (Title) known to ttte 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 V Land Garland, LLC, a a Texas limited liability company (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 22nd day of December 2022 Notary Public in and for the State of Oklahoma Tier II Easement Encroachment Agreement ,,,, wyIvja,,, ``,,' `E KEp� ilq�i w ExP. q3)1 123i Q x Page 10 of 14 Revised 11/2020 EXHIBIT A Legal Description of the Licensee's Property Being part of the tract of land situated in the Conefacio Herrera Survey, Abstract No. 2027, City of Fort Worth, Tarrant County, Texas, a part of the land described in Special Warranty Deed to V Land Garland, LLC recorded in instrument NO. D222037117 of the Official Public Records of Tarrant County, Texas, also depicted as Lot 1, Block 1 of the Everman Retail Plat Record, City of Fort Worth, Tarrant County, Recorded in Instrument No. 222272883 of the Offical Records of Tarrant County, Texas Tier 11 Easement Encroachment Agreement Page 11 of 14 Revised 11/2020 I X�, I f o e°x o�6iY I 1 'a • ee I / ' U 4� ----------------------------- —__-----� — II ' --- — --- , } � f e � �; i i/ I i i/ i/ 5 � • w • a � � li " 11 nu o oo z' os 9 a o m ® o v1► I � m v o I m I ids / 3 / �wo > ua Ho n'eqn�a �s .8 K� \Y JA li I DNS 1 y�s�N o oP° o yeOa> I Y� $ n a a° m pn16�38 D g M --�m g m wy� Wre I I i Ns S m bm�wo° Noo „ I I I y Aaa-= o I QmA w ylm M Op �NOD- 9y r o 0 om O � s €wpA Gi `�i I mPn m G(D()G G)00 ua —IN �_ o n n o$§m 2mT pn E z s A p Z g < D n z gg pp on oo �O �mm9�d inG z m P b gD 2� a�e m Qp 3 x 4or °me n C x � m 7 e D � m �O. N S PLAN APPROVALS OF— 11ION ESCgPTON ., ISSU n SIGN�Tl1RE(I REOU g j REO) ADORES6 511 EJOHNNCRP REGR- ELITE 3I51Rv1NG, T%]5°62 b m w REG's M�RR F vs vs anNs GTMcDONA`L"D'S Y NEMsL oR a— OGN -URE E EVERM- PARKWAY ,CIAVMOOREENG.W FORT WORTH, TEAS ENGINEERING 4 s m� m$ $ o 4Jm 4Jm❑ mg � g EXHIBIT B Depiction of the Public Property Tier II Easement Encroachment Agreement Page 12 of 14 Revised 11/2020 � i Y 3 x V S I > - � n a 9 1 R d gg 1 1 �iq l j1 ££ i€ I 1 i 11 � \ vN��N G'"v'e 5 smom $9 GG gg obsg� Rzo sl t l S A x a. 1 IN cz 3g \ I �ggaa� sm ym pp I lay sa. 9a 1 m g�sf o�N gg I �€ i"e�Q iIIl pp! yy m °S y9')j '3§ v "9 0 8°s Y.O'P $zF '6 Lz" I II 4 pill R i 6 xs TFIP�,y v z li i j ,II 49 1 $ ""Poll a �s --- \ 3 - - s" _ ? _ ____ SO°IT13-E bab.90'------- 7_ __� 1J \ -A ° gi ga om z5 iz dII gim Rm�i g�zO c^� � ��m "m a2j � 4 mess io - M11H ggUMH g F a m gac p 2 E: o$ g :K -� igry M. °aa g 5$ S s ys sia ° g smsgs=c a aA �.. a$$ o aae egs 9 a5r3s gs�s = $ a -s.. :1ss A .$ R s s Ila Al, s i x s>` HisBis=ggS gsg s s � % - gam 3 xE g%s 's§ 4g§ n £ g� e �a $3 3s ds 'si Amos 63 eg 's £g f As ➢a $Y v I Rif H-H £ �� fig S ,seF �s € 93 ag s g $md I- $ age SF' a °g ag �4 gga $Q�g3 g�A lag sus 3 acg� ^sa & d$ as $ yg� '� H n� g-a. al a m! gg a !"mp 11ja 3! 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D.F.W. * Central Texas * West Texas * Houston EXHIBIT "99A PAGE 1 OF 2 TRACT DESCRIPTION FIELD NOTES to that certain tract situated in the Gonefacio Herrera Survey, Abstract Number 2027, City of Fort Worth, Tarrant County, Texas, said tract being a portion of the tract described in the deed to V Land G a N d Garland, LLC recorded under Instrument Number D222037117, Official Public Records, Tarrant County, Texas (O.P.R.T.C.T.); said tract is more particularly described as follows (bearings are based on the Texas Coordinate System of 1983, North Central Zone): COMMENCING at a 1/2 inch capped rebar stamped "JPH Land Surveying" set at the northeast corner of Lot 1, Block 1, Racetrac Crowley Addition, according to the plat recorded under Instrument Number D210262132, O.P.R.T.C.T.; THENCE SOUTH 01 °31' 17" EAST, with the east line of the said Lot 1, a distance of 89.88 feet to the south line of a 15-foot City of Fort Worth Permanent Sewer Facility Easement recorded under Instrument Number D213125744 and D213116533, O.P.R.T.C.T., from which a 1/2 inch capped rebar stamped "JPH Land Surveying" set at the southeast corner Lot 1, bears SOUTH 01 °31' 17" EAST, a distance of 333.03 feet; THENCE NORTH 84°12'02" EAST, through the interior of the said V Land Garland tract and with the south line of the said 15-foot City of Fort Worth Permanent Sewer Facility Easement, a distance of 167.53 feet to the POINT OF BEGINNING; THENCE continuing through the interior of the V Land Garland tract, the following calls: 1. NORTH 13059'23" WEST, a distance of 46.25 feet; 2. NORTH 83056'20" EAST, a distance of 29.82 feet; 3. SOUTH 10015'48" WEST, a distance of 47.78 feet returning to the south line of the 15-foot City of Fort Worth Permanent Sewer Facility Easement; 4. SOUTH 84012'02" WEST, with the south line of the 15- foot City of Fort Worth Permanent Sewer Facility Easement, a distance of 10.01 feet returning to the POINT OF BEGINNING and enclosing 913 square feet. October 19, 2022 Project Ns 2021.018.009 EA Proposal Ns DFW6026 Dallas -Fort Worth Central Texas West Texas Houston 785 Lonesome Dove Tr. 1516 E. Palm Valley Blvd., A4 426 Graham Street 11511 Katy Fwy., 300 Hurst, Texas 76054 Round Rock, Texas 78664 Tuscola, Texas 79562 Houston, Texas 77079 (817) 431-4971 (512) 778-5688 (325) 672-7420 (281) 812-2242 FIRM #10019500 1 JPHLANDSURVEYING.COM MONUMENTS / BEARING BASIS EXHIBIT " CRS 01/2" rebar stamped UPH Land Surveying" set PAGE 2 OF 2 O Vertex or common point (not a monument) Distances & areas shown are represented in surface values Monuments are found if not marked MNS or CRS. Bearings are based on Grid North, Texas Coordinate System of 1983, North Central Zone LOT 1, BLOCK 1 ALL STORAGE SYCAMORE EAST ADDITION INST.# D207039783 P.O.C. a O.P.R.T.C.T. Line Data Table Line # Bearing Distance LI N13°59'23"W 46.25' L2 N83°56'20"E 29.82' L3 Slo°15'48"W 47.78' L4 S84°12'02"W 10.01' 0 U Z C) U pa N F" U �a o0 aU 4b 50' Scale: V = 50' CRS LEGEND OF ABBREVIATIONS D.R.T.C.T. Deed Records of Tarrant County, Texas POB/POC Point of Beginning/Point of Commencing O.P.R.T.C.T. Official Public Records of Tarrant Count Texas ESMT Easement 15' CITY OF FORT WORTH PERMANENT SEWER FACILITY ESMT L2 INST.# D213125744, QT/ 913 SQUARE FEET °>O.P.R.T.C.T. O.P.R.T.C.T. \ INST.# D213116533, rA a �� o ��— N84°12'02"E 167.�)� L4 / 1 30' PIPELINRE •O•W O.W. p,ND ESMT 15' CITY OF FORT WORTH PERMANENT SEWER INST.# D208146686, O.P.R.T.C.T. FACILITY ESMT o INST.# D213125744, O.P.R.T.C.T. INST.# D213116533, O.P.R.T.C.T. M V LAND GARLAND, LLC, A TEXAS LIMITED LIABILITY COMPANY INST.# D222037117 "@�� O.P.R.T.C.T. OS G�,sO" Is ps CRS peo SFo w� sl'C�A NAA� rr' Rt� OP �oFWW�S SApTE`titBpROil PR2g l 93 oRFM � t DOE JPH Job No. 2021.018.009 [42-3366] Everman Parkway, Fort Worth, Tarrant Co., Tx-EA.dwg © 2022 JPH Land Surveying, Inc. - All Rights Reserved 785 Lonesome Dove Trail, Hurst, Texas 76054 Telephone (817) 431-4971 www.jphlandsurveying.com TBPELS Firm #10019500 DFW I Central Texas I West Texas I Houston �®'fTr �1 Jewel Chadd Registered Professional Land Surveyor No. 5754 v° jewel@jphls.compp10 ,,,,R®® October 19, 2022 ZdkA�n�% EXHIBIT SHOWING 913 SQUARE FEET SITUATED IN GONEFACIO HERRERA SURVEY ABSTRACT NO.2027 CITY OF FORT WORTH TARRANT COUNTY, TEXAS '15"E IGO.80' - - / ENCROACHMENT AREA _------ 15' CITY OF FORT WORTH - - - - - PERMANENT SEWER FACILITY EASEMENT INST. # D213125744, O.P.R.T.C.T.- INST. # D213116533, O.P.R.T.C.T. _ - 12" GROUTED ROCK RIPRAP- -30' PIPELINE R.O.W. AND ESMT.- -INST. # D208146686, O.P.R.T.C.T. -------- __ STA:0+26.27STORMLINEA _ - - - - - 1 1 - 18" SLOPED HEADWALL _PUBLIC SS LINE_ ; � , FL 18": 739.83 - - NATURAL GAS LINE__ -E-ME-RG`ENCY OVERFLOW SPILLWAY ELEV. 742.1 )Na-T42.60 POND 740.00 743 I TEXAS REGISTRATION #14199 ENGINEERING 1903 CENTRAL DRIVE, SUITE #406 BEDFORD, TX 76021 PHONE: 817.281.0572 4 GRAPHIC SCALE 20 0 10 20 40 1 inch = 20 ft. ENCROACHMENT AGREEMENT - SHEET 1 OF 2 ENCROACHMENT I McDONALD'S W. EVERMAN PARKWAY AGREEMENT FORT WORTH, TX 17 LF OF 18" STA: 0+43.17 STORM LINE A INSTALL: 1 - 3'X3' DETENTION OUTFALL STRUCTURE FL 18": 740.00 • 13" • 13" A 10/ 17/22 17 LF IOF 18" RCP @ 1. EX. GRADE —\ 740 B TTOM OF POND LO 740 PIZOP. G ADE 1 " GRO TtD Kl-)L;K KI 17, EX. 7351 1 1 V I 1 1 1735 TOP ±733.37 Q J Q W J J Z fn � cl) N d M H co0J� N II M W J h II -J 00 Q X 00 QJ � Cl) 730 `� W `� Z r J W 730 0 0 0 0 0 00 Co 0+00 GRAPHIC SCALE 20 0 10 20 40 TEXAS REGISTRATION #14199 1 inch = 20 R. " ENCROACHMENT AGREEMENT - SHEET 2 OF 2 ENGINEERING ENCROACHMENT McDONALD'S 1903 CENTRAL DRIVE, SUITE #406 W. N PARKWAY BEDFORD, TX 76021 PHONE: 817.281 . 0572 AGREEMENT FORT WORTH, TX FORT W W W W.CLAYMOORE ENG.COM m 10/17/22 EXHIBIT D Certificate of Insurance Tier II Easement Encroachment Agreement Page 14 of 14 Revised 11/2020