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HomeMy WebLinkAboutContract 59350Date Received: 5/8/2023 Thne Received: 12:21 p.m. Record Number: PN23-00006 City Secretary No.: 59350 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER 11 THIS AGREEMENT is made and entered into by and between THE CITY OF FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"), acting by and through its duly authorized City Manager, Assistant City Manager, or Director of the Development Set -vices Department, and Brock Pinnacle, LLC, a(n) Texas limited liability company ("Licensee"), acting by and through its duly authorized Manager. RECITALS WHEREAS, Licensee is the owner of the real property located at 3033 Alliance Gateway Freeway, Fort Worth, Texas 76177("Property"), as recorded in the Deed Records, by Instrument Number D221344515, in 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 water main, sanitary sewer, storm drain and access easements (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-21-171; 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 I. 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, conduits, curbing, electrical lines, Tier II Easement Encroachment Agreement Page 1 of 14 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX telephone lines and gas 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." 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 thew 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. Tier 11 Easement Encroachment Agreement Page? of 14 S. 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 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. G. 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 Nine Hundred Dollars ($900.00). 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 inay, 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 Tier 11 Easement Encroachment Agreement Page 3 of 14 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. .11 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 Tier 11 Easement Encroachment Agreement Page 4 of 14 the Encroachment and restoration of the Public Property, All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. 11. Licensee agrees to deposit with the City when this Agreement is executed a sufficient sum of money to be used to pay necessary fees to record this Agreement in the real property records of the county in which the Encroachment is located. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. 12. Licensee agrees to comply fully with all applicable federal, state, and local laws, statutes, ordinances, codes, and regulations in connection with the construction, operation, and maintenance of the Encroachment and use of the Public Property. 11 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 ernployce 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 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 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 Tier II Basement Encroachment Agreement Page 6 of 14 (SIGNATURES APPEAR ON FOLLOWING PAGE] Tier 11 Easement Encroachment Agreement Page 7 of 14 City: CITY OF FORT WORTH B y: DJ Harrell (May 2, 2023 10:14 CDT) DJ. Harrell, Director of the Development Services Department Date: May 2, 2023 ATTEST: Jannette Goodall, City Secretary Date: May 8, 2023 � o�4uonnb FORT��ad P boa oO�-Idd l.o da�� nE�pS� b Licensee: Brock Pinnacle, LLC a Texas Ihniteel liabilily comj)any By: Name: Charanjit Singh � Title: Manager Date: A. Approved As To Form and Legality Jeremy Anato-Mensah Assistant City Attorney Date: Apr 25, 2023 Contract Compliance Manages-: 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. 9Ib.,I.r� Rebecca Diane Owen (Apr 25, 202316:47 CDT) Date: Apr 25, 2023 Rebeca Owen Development Services OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier 11 Easement Encroachment Agreement Page 8 of 14 STATE OF TEXAS § COUNTY OF § PRRWz BEFORE ME, the undersigned authority, a Notary Public in and for the State of on this day personally appeared Charanjit Singh, Manager (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 Brock Pinnacle, LLC, a Texas limited liability company (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this I�5 day of APP- , 20 0,3 . fPblric otaryvand for the =,NtOTARY M TRAWEEK Mate Ot blic, State of Texas misslon Expires e 13,2026 In 12535608 7 Tier 1[ Easement Encroachment Agreement Page 10 of 14 x x *THIS PAGE FOR CITY OF FORT WORTH OFFICCEUSE 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 day of 20 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 11 Easement Encroachment Agreeiiient Page 9 of 14 EXHIBIT A Description of the Licensee's Propefty Being Lot 3R3, Block 100, of Alliance Gateway West, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in cc# D22133 1157, Real Property Records, Tarrant County, Texas. Tier 11 Easernerit Eneroachment Agreement Page 1 1 of 14 EXHIBIT B Depiction of the Public Property Tier 11 Easernent Encroachment Agreement Page 12 of 14 ....... ....... IN MO yn Iq Hum a -mom P U n any 19" M; HIP v H MO 1 UNQ 1qq 9 1 43 1M g wff. I- yNg PUS W—Hy Sir, g .1, 0 inf, HMO- c0'4 q 51 - . S. _W ".— n g T as is x; I HHON Eva 1 - V-01 Q, go W e met hut ""a 56 C U, _�_ in X.­J� 6.1 IN y :, My 'I A. ful 1; to a gm: ME mig jh, a",',I s'l pe, a Vol & � Keay oil OffDrntoii Wp,?d V411 I — ­ -, MY ik of a AN k, 15 �--. nowl paucargs Inggg mg- -inn— mg g ._--p SY - - Sn"q , "' 0514A RPM, - pow, 1 MRSH.101 E01,10" 9 3 MW 1 00, J, I H Boom am44 OWN MO - jZ11A Q- 1 1461A, QjEPQ M vAggag NUNN H A YJ -0 n- ". -_ - ." 9P EMN" Rol jqqp � N156 x vp 0m, E 1 - z h ex! I MM, pow pums W fl, fib i op WA 001 M SHO OEM 01% ohm 1 414 om a-5 rd Pm QQJ gob cum Gly, A� - A ,INN A HAQ ll let !Pei jq 1 01, P PELOTON law. 4M�uu 3R3 & 3114, Block 100 Ogg "L Alliance Gateway West - T.BM... I 61a1'4 0. KIL" M L01 a RN � '"'T, T9 Iqe �C�Eo a, CUT 11 SLUE , ", MT m,.av"-T.'1xm sav EXHIBIT C Depiction and description of the Encroachment Tier 11 Easement Encroachment Agreement Page 13 of 14 SK 6 G G 5 G G G � p p a � i ,../oNIV SONIC DRIVE-IN RESTAURANT 3033 AiIANCE GATEWAY FREEWAY FORT WORTH, TX 76177 %R= p STORE 96901 V ENGiNEERiNG.Gw �I • � � pq �� fa • � �`:,g',-"o. r,a:, / / 1 0 .S89'43'07"W / 718 / 15' SANITARY EASEMENT EASEMENT INST.i1 D2.19291551 0.P.R.T.C,T. DRAINAGE EASEMENI �- MST.# D2192620G3 0 o.�.r..T.c.T. N55' 18 36'E' 1 46 10 / L6 LOT 3 N BLOCK ALLIANCE GAT! e ACCESS EASEMENT INST,# D220053919 O,P.R.T.C.T. Z _ `� -- ENCROAG MENT #4 — — - — _EffCROA HMENT #3 + rn WEST C) 0 11 + ENCROACHMENT #1 �rh 15' SANITARY SEWER EASEMENT --- INSI.# D219291548 00 I- O.P.R.T,C,T.- N ENCROACHMENT #2 0486 STATE HIGHWAY '17© R=7, 6 9.4 R--7, 659.44' ALSO KNOWN AS ALLIANCE GATEWAY A—0'58'16" FREEWAY INST.# 190051743, O.P.R.T.C.T., VARIABLE WIDTH' R.O.W. �• C.12� 2 51 �D N x� r\ N — ACCESS EASEMENT INST.f� D220083418 0.P.R.T.C.T. 10' WATERLINE EASEMENT p 0 INST.# D214030819 0 -I- O.P.R.T.C.T. + .�i_ � UNDERGROUND ELECTRIC LINE EASEMENT INST.# D220183787, O.P.R.T.C.T. LEGEND PROPERTY LINE ENCROACHMENT 1 / TRACT 1 �.\' ENCROACHMENT 2 / TRACT 2 ENCROACHMENT 3 / TRACT 3 ENCROACHMENT 4 /TRACT 4 SONIC DRIVE-IN REV, DATE: 03.23.2023 DW(iBY. JJP DWG, DATE: 01,27.2023 �-+��"'r►' ENGINEERING,1_LC, SURVEYING + ENVIRONMENTAL • LABICMT 3033 ALLIANCE GATEWAY FREEWAY FORT WORTH, TEXAS JO22 E-1134 SHEET NO. E N O 7W SOUTH ABE STREET PHONE: 325.655,1288 SAN ANGELO, TEXAS 76903 FAX:325.657.8189 FIRM REGISTRATION NUMBER F-7608 www,skge,com ENCROACHMENT EXHIBITS (PLAN) SCALE: i, 1 =60 ENCROACHMENTS o LEGAL DESCRIPTION BEING a 100 square foot (0,0023 core) tract of land (Tract 1), a 150 square foot (0.0034 acre) tract of land (Tract 2), a 167.83 square foot (0,0039 acre) tract of land (Tract 3), and a 76B square foot (0.0176 acre) tract of land (Tract 4) situated in the M.E.P.dc P. RR. CO. SURVEY, Abstract number 1143, City of Fort Worth, Tarrant County, Texas; sold tracts bung portion of Lot 3R3, Block 100, Alliance Gateway West, an addition to the City of Fort Worth, according to the plot recorded in County Clerk's Document Number D221331157, Plat Records, Tarrant County, Texas, sold tracts of land being more particularly described by metes and bounds as follows: TRACT 1 COMMENCING at the northeast corner of the said called 0,909 acre tract (Lot 3R3); THENCE South 55'18'23" West, along the northeast line of said called 0.909 acre tract, a distance of 2.85 feet to the POINT OF BEGINNING; THENCE South 34'41'24" East, a distance of 10.00 feet to a point for comer; THENCE South 55'18'36" West, a distance of 10.00 feet to a point for corner; THENCE North 34'41'24" West, a distance of 10.00 feet to a point for comer; THENCE North 55'18'36" East, a distance of 10.00 feet to the POINT OF BEGINNING and containing 0.0023 acres or 100 square feet of land, more or less. TRACT 2 COMMENCING at the northeast corner of the said called 0,909 acre tract (Lot 3R3); THENCE South 55'18'23" West, along the northeast line of sold called 0.909 acre tract, a distance of 2.85 feet to a point; THENCE South 34'41'24" East, a distance of 10.00 feet to the POINT OF BEGINNING; THENCE South 34'41'24' East, a distance of 15.00 feet to a point for comer; THENCE South 55'18'36" West, a distance of 10.00 feet to a paint for corner; THENCE North 34'41'24" Woat, a distance of 15.00 feet to a point for comer; THENCE North 55'18'36" East, a distance of 10.00 feet to the POINT OF BEGINNING and containing 0.0034 acres or 150 square feet of land, more or less. TRACT 3 COMMENCING at the southeast corner of the said called 0.909 acre tract (Lot 3R3); THENCE South 77'25'20" West, a distance of 38.51 feat for the beginning of a curve to the left to the POINT OF BEGINNING; THENCE with said curve to the left having a radius of 7,652,41 feet, central angle of 0'07'38", arc length of 17.01 feet and whose long chord bears South 53'51'38" West 17.01 feet to a point for corner, THENCE North 3441 *27" West, a distance of 9.88 feet for the boginning of a curve to the right to a point for corner. THENCE with sold curve to the right having a radius of 7,662,41 feat, central angle of 0'07'38 arc length of 17.01 feet and whose long chord bears North $3'53'55" East 17.01 feet to a point for corner; THENCE South 3441'27" East, a distance of 9.87 feet to the POINT OF BEGINNING and containing 0.0039 acres or 167.83 square feet of land, more or less. TRACT 4 COMMENCING at the southeast corner of the said called 0.909 acre tract (Lot 3R3); THENCE North 65'27'02" West, a distance of 69.78 feet to the POINT OF BEGINNING; THENCE South 53'22'23" West, a distance of 32,00 feat to a point for comer; THENCE North 3C41'27" West, a distance of 24.00 feat to a point for comer; THENCE North 5322'23" East, a distance of 32.00 feet to a point for corner; THENCE South 34'41'27" East, a distance of 24.00 feet to the POINT OF BEGINNING and containing 0.0178 acres or 768 square feet of land, more or less. V I� RUSSELL T. GULLY REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5636 isr�''TFf s......ai.iire...... . RUSSELL T. GULLY '•: 5636 P I`jS�! ii SURU R ems. V RFV. DATE: SONIC DRIVE-IN 02.21.2023 DWG BY' Jill01.27.2023 DWG. €]ATE. j��aw,:av ENGINEERING, LLc. SURVEYING *ENVIRONMENTAL• L-ABICMT 3033 ALLIANCE GATEWAY FREEWAY FORT WORTH, TEXAS J02NO. -1134 SHEET NO. E N 1 "? 706 SOUTH ABE STREET PHONE: 325.655.128a 76903 FAX: 325.657.8i89 ANGELO, TEXAS FIRM FIRIh REGISTRATION NUMBER F-7608 vn7nuskga.com FENCROACHMENT - LEGAL SALE: NONE LOT 3R1 s . � L6 LOT 3R3 BLOCK 100 ALLIANCE GATEWAY WEST ENCROACHMENT #1 TRACT 1 (100 SQ. FT.) S55'1823'w DRAINAGE EASLMLNI 2.85' ...-- INST.# D219282069 O,P.R.T.G.T. P.O.C. -P.O.B. LOT 3R4 �---T E �CROACHMENT #2 TRACT 2 150 SQ. FT. 15' SANITARY SEWER EASEMENT — INST.# D2 I9291548 O.P,R.T.C-T. Parcel Line and Curve Table Line #/Curve # Bearing/Delta Length Radius L1 N55'18'36"E 10.00' L2 S34'41'24"E 10.00' L3 S55'18'36"W 10.00' L4 N34'41'24"W 10.00' L5 S34'41'24"E 15.00' L6 S55' 18'36"W 10.00' L7 N34'41'24"W 15.00' LEGEND PROPERTY LINE ENCROACHMENT 1 -- -- — ENCROACHMENT 2 P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCING INST. # INSTRUMENT NUMBER O.P.R.T.C.T, OFFICIAL PUBLIC RECORD, TARRANT COUNTY, TEXAS CIVSONIC DRIVE-IN DWG BY: DWG. DATE: cT 3033 ALLIANCE GATEWAY FREEWAY JJP 01.27.2023 J022 SHEET N0. ENGINEERING, LLC. SURVEYING r ENVIRONMENTAL + LABJCNIT FORT WORTH, TEXAS E-1134 1 EN 1 70B SOUTH ABE STREET PHONE: 325.655.12B8 SCALE: SAN ANGELO, TEXAS 76903 FAX:325.657.8169 NUMBER E-760$ ENCROACHMENT EXHIBIT & 2 �_� 0� - FIRM REGISTRATION 10' WATERLINE EASEMENT CP.O.B. NST.# D214030819 .P.R.T.C.T. C9 Tj LOT 3R3LOT 3R4 . . . . . �I j 1 BLOCK 100 ALLIANCE GATEWAY WEST C2 38.51 ' ENCROACHMENT #3 TRACT 3 (167.83 SQ. FT. P.O.C. Parcel Line and Curve Table Line #/Curve # R&Grrng/Oelta Length Radius C1 0'07'38" 17.01' 7662.41' C2 0'07'38" 17.01' 7652.41' L8 S34'41'27"E 9,87' L9 N34'41'27"W 9.88' LEGEND PROPERTY LINE ENCROACHMENT 3 P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCING INST. # INSTRUMENT NUMBER O.P.R.T.C.T. OFFICIAL PUBLIC RECORD, TARRANT COUNTY, TEXAS SONIC DRIVE-IN OLVG E3Y. DWG. DATE: 3033 ALLIANCE GATEWAY JJP 01.27,2023 ENGINEERING, LI_C. FREEWAY Jo22 SHEET1i0. SURVEYING . ENVIRONMENTAL * LAE3ICMT FORT WORTH, TEXAS E -1134 E N �,q. 706 SOUTH ABE STREET PHONF: 326,655.1288 FAX:325.657.8189 SCALE: SAN ANGELO. TEXAS 76903 F-7608 ENCROACHMENT EXHIBIT 3 _ 1 _ 1 0' FIRM REGISTRATION NUMBER www.zkge.com OU DRAINAGE EASEMENT 0 0 / + MST.# D219282069 -"' O.P.R.T.C.7, % p N55' 18 36'E 1LA46' — 589'43 07,w C' / 7.18' / 15' SANITARY KWER —cns EASEMENT 6 INS'I'.�t D2 i 9291551 0,,RR,T,0.T. c LOT 3R N BLOCK 1 rid ALLIANCE GATE WEST ACCESS EASEMENT INST,# D220063919 O.P.R T,C.T. Z 01-00 — ENCROACI MENT #4 — EN-CROA HMENT #3 — O C 0 --E—UGE UGE-- '—�— — f -- -_ . _ -- E—hc STATE HIGHWAY 170 ALSO KNOWN FAS REEWAY ALLIANCE GATEWAY INSTN 190051743. O.P.R,T.C,T., VARIABLE WIDTH' RA.W. N l0I ENCROACHMENT #1 �'+ N 15' SANITARY SEWER EA9E 0 MENT 0 INSI-,# D219291548 0 II T O.P,R.T.C,. -h H- N ENCROACHMENT #2 N sW j j N 1 M L=129.82' R=7, 659.44' A =0'58'16„ L.C.=553'44'51 'W 129.82' 0 ACCESS EASEMENT INST.# D220063918 O.P.R.T.C.T. 10' WATERLINE EASEMENT 0 INST.D214030819 0 _I O,P-R.T.C.T. — — ——Alv UNQERGROUNQ 1=Lt=CTR1C LINE EASEMENT INST.# D220183787, O.P.R.T.C.T. LEGEND PROPERTY LINE ENCROACHMENT 1 / TRACT 1 ENCROACHMENT 2 / TRACT 2 ,�\ Ei 110 19 ENCROACHMENT 3 / TRACT 3 ENCROACHMENT 4 /TRACT 4 REV. DATE: �{� SONIC DRIVE-IN 03.23.2023 DWG BY: DWG, DATE: ® 3033 ALLIANCE GATEWAY ENGINEERING, LLC, SURVEYING ENVIRONMENTAL + LABICMT !FREEWAY FORT WORTH, TEXAS JJP 01,27.2023 JOB 22-E-1134 SHEET NO. E N � � 0 706 SOUTH ARE STREET PHONE: 325.655.1288 SAN ANGELO, TEXAS 76903 FAX:325.657.8185 FIRM REGISTRATION NUMBER F-7608 www.si ge.com ENCROACHMENT EXHIBITS (PLAN) SCALE: 1.,., 1 1 =60 PUBLIC STORM SEWER PROFILE 95 69 90 69 68 85 BOX 0+00 1 +00 2+00 3+00 EXISTING GRADE PROPOSED PRIVATE STORM SEWER TAP STA=0+98.92 -sroR FL= 685, 33 -sroR -S70R -STOR EXISTING PU9 C 24" STORM EWER EXISTING 4' S STA=2-F30.1 FL=678.5fi REV. DATE: SONIC DRIVE-IN 02.21.2023 DWG BY: JJP DWG, DATE: 01.27,2023 ENGINEERING, LLc, SURVEYING • ENVIRONMENTAL . LABIGMT 3033 ALLIANCE GATEWAY FREEWAY FORT WORTH, TEXAS JOB 2 E-1 134 SHEET No. E N 1.2 706 SOUTH ABE STREET !'HONE: 325.655.1288 SANANGELO,TEXAS 76903 FAX: 326.457.81 89 FIRM REGISTRATION NUMBER F-7608 w,wr.skge.com ENCROACHMENT 1 PROFIL,E SCALE: 1 '50` PUBLIC SANITARY SEWER PROFILE 95 69 90 69 85 68 68 80 0+00 1 +00 2+00 3+00 EXISTING GRADE PRIVATE STORM CROSSING Ft,ffi885.29 EXISTING MANHOLE STA=0.00 FL.=881.23 It � PROPOSED 20 LF EXISTING MAN OLE OF CONCRETE STA=236.81 STABILIZED SAND. FL=678.56 EXI TING PUBLIC 8" SANITARY SEWER REV. DATE: SONIC DRIVE-IN 03.23.2023 DVVG BY: DWG. DATE: C,Kcw 3033 ALLIANCE GATEWAY ENGINEERING, LLC. SURVEYING . ENVIRONMENTAL • LABICMT FREEWAY FORT WORTH, TEXAS JJP 04.27.2023 O22 E�-1134 SHEET NO. E N 1. 3 70S SOUTH ABE STREET PHONE: 325,655.1288 SAN ANOELO, TEXAS 76903 FAX: 325.657,81 B9 FIRM RFGISTRATION NUMBER F-7608 aw� W.sk9e,cam ENCROACHMENT 2 PROFILE SCALE: �+--5�� PUBLIC EXISTING WATER ALONG HWY 170 PROFILE 108• m m �-� EXISTING GRADE EXISTING PUBLIC 12" WATER LINE �- E— E— i7 PRIVATE UTILITIES " I T (TEL, ELEC, GAS) STA=4+42.00 TO 4+52.00 MAINTAIN 3' VERTICAL CLEARANCE FROM MAIN 6+UU 'F-h-uu 95 5+00 m SONIC DRIVE-IN REV. DATE: 02.21.2023 DWG BY: JJP DWG. DATE: 01,27.2023 N G ENGINEERING,LLC. SURVEYING +ENVIRONMENTAL t LAB/CMT 3033 ALLIANCE GATEWAY FREEWAY FORT WORTH, TEXAS J02NO. -1134 SHEET NO. E N : V 706 SOUTH ABE STREET PHONE: 325.655,1288 SAN ANGELO, TEXAS 76803 FAX:325.657,81G9 FIRM REGISTRATION NUMBER F-7608 www.skge.com ENCROACHMENT 3 PROFILE SCALE: I -- 1 =50 EXHIBIT D Certificate of Iinsurance Tier 11 Easement Encroachment Agreement Page 14 of 14 ®