HomeMy WebLinkAboutContract 59429Date Received: 5/19/23
Time Received: 11: 09 a.m.
Record Number: PN22-00020
City Secretary No.: 59429
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 Services Department, FW Alliance Public Facility
Corporation, a(n) Texas public facility corporation ("PFC") and AMCAL LEE, LP a(n)
Texas limited partnership, ("AMCAL")(both PFC and AMCAL collectively the
"Licensee") acting by and through their duly authorized representatives.
RECITALS
WHEREAS, PFC is the owner of the real property located at 3301 Westport
Parkway, Fort Worth, Texas 76177 ("Property"), as recorded in Deed Records, by
Instrument Number D222293504, in Tarrant County, Texas, and;
WHEREAS AMCAL has been provided a 99-year leasehold interest in the
Property by the PFC through that certain lease agreement dated as of December 22, 2022
in which title to the improvements to be constructed there on by AMCAL will remain
with PFC, as the landowner, after construction ("Lease"); and
WHEREAS, the City owns a drainage easement (the "Public Property")
adjacent to the Property, recorded in the plat records of Tarrant County as plat number
FP-22-012; and
WHEREAS, Both AMCAL as tenant under the Lease, and PFC, as owner of the
Property, have agreed to both act as Licensee under this Agreement and be jointly subject
to the obligations herein;
WHEREAS, the 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:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Tier II Easement Encroachment Agreement Page 1 of 15
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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 "A," but only to the extent shown thereon, for the purpose of constructing,
installing, and maintaining a drainage 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 "A."
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
Tier II Easement Encroachment Agreement Page 2 of 15
Revised 12/2022
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 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 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 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
Tier II Easement Encroachment Agreement Page 3 of 15
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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.
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
Tier II Easement Encroachment Agreement Page 4 of 15
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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 "B" 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.
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
Tier II Easement Encroachment Agreement Page 5 of 15
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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 5 shall
survive the termination of this Agreement. The parties further agree that performance
hereunder by any one Licensee shall institute compliance by Licensee.
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.
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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 7 of 15
Revised 12/2022
City:
CITY OF FORT WORTH
By: DJ H a rrel I(May 10, 202313:19 CDT)
D.J. Harrell, Director of the
Development Services Department
Date: May 10, 2023
oa9 Vqq
c� FORr�a��
ATTEST:
�o
U pa�� nE�AS�gy
Jannette Goodall,
City Secretary
Date: May 19, 2023
Approved As To Form and Legality
Jeremy Anato Mensah
Assistant City Attorney
Date: May 5, 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 (May 5, 202315:59 CDT)
Rebecca Owen
Development Services
Date: May 5, 2023
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Tier II Easement Encroachment Agreement Page 8 of 15
Revised 12/2022
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared 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_10th day of
May 52023
Wendy L. Digitally signed by
Wendy L. Beardslee
Date:2023.05.10
Beardslee
14:14:52-05'00' �PRyp� WENDY L BEARDSLEE
Notary Public in and for the State of Texas o Notary Public
* * STATE OF TEXAS
Notary I.D. 13323719-3
9�OF My Comm. Exp. July 28, 2025
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
Tier II Easement Encroachment Agreement Page 9 of 15
Revised 12/2022
Licensee:
FW Alliance Public Facility Corporation
a Texas public facility corporation
By:
Name: ary-Ma ret I(e:nons
Title: Secretary/Treasurer
Date:
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 Mary -Margaret Lemons,
Secretary/Treasurer (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 FW Alliance Public
Facility Corporation, a Texas public facility corporation (entity type), and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 20th day of April,
20 23.
Notary Pub icl in alnd for the
State of
EVA C KEY
Licensee:
,`pPY PVd _
i®n Notary ID if 10943269
s� r My Commission Expires
August 15, 2025
Page 10 of 15
Revised 12/2022
AMCAL LEE, LP:
By:� _
Name, rercTvat-tray-
Title: Managin Member and President
Date: lS tfl-
STATE OF a a //ZfA §
COUNTY OF t-- fi"u A - I,.- §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
California, on this day personally appeared Percival Vaz, Managing Member and
President, 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 AMCAL LEE, LP, a Texas
limited partnership, and in the capacity therein stated.
GIVEN CINDER MY HAND AND SEAL OF OFFICE this /8day of 1� ,
20 23
Notary I' 1 c :�adfor the
State of141 e,
Tier 11 Easement Encroachment Agreement
•, C. KYRIAKOU
Notary Public - California
Los Angeles Caunty[
My Comm. Expires Dec 0, I
Page I I of 15
Revised 12/2022
EXHIBIT A
Legal Description of the Licensee's Property
Lot 2, Block A, of Alliance Apartments, an addition to the City of Fort Worth, Tarrant
County, Texas, according to the plat thereof recorded under Clerk's File No(s).
D222159518, Plat Records, Tarrant County, Texas.
Tier II Easement Encroachment Agreement Page 12 of 15
Revised 12/2022
EXHIBIT B
Depiction of the Public Property
Tier II Easement Encroachment Agreement Page 13 of 15
Revised 12/2022
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EXHIBIT C
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement Page 14 of 15
Revised 12/2022
EXHIBIT "A"
TRACT 1
95 SQUARE FEET, OR 0,002 OF AN ACRE OF LAND
BEING a tract of land situated in the James Mathews Survey, Abstract Number 1021, Tarrant County, Texas and being a portion of a
called 19.377 acre tract of land conveyed to AMCAL Equities, LLC as recorded in Instrument Number D219258031 of the Official
Public Records of Tarrant County, Texas and being more particularly described as follows;
COMMENCING at a 1/2 inch iron rod found on the west line of Lost Creek Ranch West, an addition to Fort Worth Texas as recorded
in Cabinet A, Slide 6476 of the Plat Records of Tarrant County, Texas for the southeast corner of a called 77.546 acre tract of land
described in Correction Deed to Cinnamon Creek Ranch, L.L.C. as recorded in Instrument Number D210199521 of the Official
Public Records of Tarrant County, Texas same being the northeast corner of said 19.377 acre tract from which a stone found for the
northwest corner of said 19.377 acre tract, same being an angle point on the south line of said 77.546 acre tract bears South 89
degrees 57 minutes 57 seconds West, a distance of 1163.16 feet;
THENCE departing the west line of said Lost Creek Ranch West and through the interior of said 19.377 acre tract the following
courses and distances;
South 70 degrees 09 minutes 46 seconds West, a distance of 149.86 feet to a point for corner at the POINT OF BEGINNING of
the herein described tract;
North 89 degrees 48 minutes 23 seconds West, a distance of 10.00 feet to a point for corner;
North 00 degrees 53 minutes 06 seconds East, a distance of 9.50 feet to a point for corner;
South 89 degrees 48 minutes 23 seconds East, a distance of 10.00 feet to a point for corner;
South 00 degrees 53 minutes 06 seconds West, a distance of 9.50 feet to the POINT OF BEGINNING containing 95 square
feet, or 0.002 of an acre of land.
TRACT 2
149 SQUARE FEET, OR 0.003 OF AN ACRE OF LAND
BEING a tract of land situated in the James Mathews Survey, Abstract Number 1021, Tarrant County, Texas and being a portion of a
called 19.377 acre tract of land conveyed to AMCAL Equities, LLC as recorded in Instrument Number D219258031 of the Official
Public Records of Tarrant County, Texas and being more particularly described as follows;
COMMENCING at a 1/2 inch iron rod found on the west line of Lost Creek Ranch West, an addition to Fort Worth Texas as recorded
in Cabinet A, Slide 6476 of the Plat Records of Tarrant County, Texas for the southeast corner of a called 77.546 acre tract of land
described in Correction Deed to Cinnamon Creek Ranch, L.L.C. as recorded in Instrument Number D210199521 of the Official
Public Records of Tarrant County, Texas same being the northeast corner of said 19.377 acre tract from which a stone found for the
northwest corner of said 19.377 acre tract, same being an angle point on the south line of said 77.546 acre tract bears South 89
degrees 57 minutes 57 seconds West, a distance of 1163.16 feet;
THENCE departing the west line of said Lost Creek Ranch West and through the interior of said 19.377 acre tract the following
courses and distances;
South 85 degrees 31 minutes 06 seconds West, a distance of 406.42 feet to a point for corner at the POINT OF BEGINNING of
the herein described tract;
South 59 degrees 48 minutes 23 seconds East, a distance of 18.41 feet to a point for corner;
South 89 degrees 48 minutes 23 seconds East, a distance of 0.92 feet to a point for corner;
South 29 degrees 48 minutes 37 seconds East, a distance of 10.39 feet to a point for corner;
North 89 degrees 48 minutes 23 seconds West, a distance of 8.53 feet to a point for corner;
North 59 degrees 48 minutes 23 seconds West, a distance of 5.23 feet to a point for corner;
North 29 degrees 48 minutes 37 seconds West, a distance of 18.00 feet to the
POINT OF BEGINNING containing 149 square feet, or 0.003 of an acre of land.
teague nail & perkins
820 Watte►s Creek Boulevard, Suite M300
Allen, Texas 75013
rt:tnp
214.461.9867 ph www.inppinc.com
T.B.P.L.S. Firm No. 10194381
PRELIMINARY
THIS DOCUMENT SHALL
NOT BE RECORDED FOR
ANY PURPOSE AND
SHALL NOT BE USED OR
VIEWED OR RELIED
UPON AS A FINAL
SURVEY YDDOCUMENT
PRELIMINARY, THIS DOCUMENT SHALL NOT
BE RECORDED FOR ANY PURPOSE AND
SHALL NOT BE USED OR VIEWED OR RELIED
UPON AS A FINAL SURVEY DOCUMENT,
Brian J. Maddox, R.P.L.S., No. 5430
October 15, 2021 PAGE I OF 2
LEGEND / CINNAMON CREEK RANCH, L.L.C. —
(C.M.) - CONTROLLING MONUMENT / / / CALLED 77.546 ACRES
P.O.B. - PONT OF BEGINNING INST. N0. D210199521 1
P.O.C. - POINT OF COMMENCING / /
INST.- INSTRUMENT / O.P.R.T.C.T.
VOL.-VOLUME /--— —— `— ` — — — ——
NO. - NUMBER / / / / / `"-`�TEMPORARYRAINAGE ENT
PG -PAGE / WESTFORK RANCH RD.
-
SF SQUARE FEET
/ VOL.14643, PG. 104 O.R.T.U.
/ / / _ _ _ _ _ _
_ _ _ _ _
`
AC - ACRE /
� —
/
24
STONE FOUN9
/
112" IRF
2" IR _
S 89°57'57" W _1163.16'
_ .
...23
S,85'31'Ofi'; W 406.42 _ __
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TRACT 'F-i _BLOCK 6_
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DETAIL 1
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0.003 AC ce
(SEE DETAIL 2) / EgSEMT I
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AMCAL EQUITIES, LLC
CALLED 19 377 ACRES
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INST. NO. D219258031
O,RR.T.C.T.
DRAINAGE EASEMEN"
DOI, N0. 021916669b
17
/
/
O.P.R.T.C.T.
I I
I
DETAIL 1
®
DETAIL 2
1"=20'
-----.
V,=20'
--
— /
— ---
/ P.O.B.
/ S 59°48'23" E
S 89048'23" E
/
18.4'
10.00
/
° tnp
S 890.92'3
N 29°48'3711 W
N 00°53'06" E RACT 1 S 00°53'06" W 18.00'TRACT 2
9.50
S 29048'37" E
0.002 AC 9.50'
49 F \
�— —
O
—10.39' —
P.O.B.
N 8 W
/ N 59048'23" W
/
N 89°48'23" W 1" =100'
10.0 ,
10.00'
S.23'
8.53' SCALE IN FEET
PRELIMINARY
EXHIBIT "A"
THIS DOCUMENT SHALL
ENCROACHMENT
NOT BE RECORDED FOR NOTES:
AGREEMENT AREA
ANY PURPOSE AND 1.
BEARINGS OF LINES SHOWN HEREON REFER TO GRID
TRACT 1 - 95 SF OR 0.002 AC
SHALL NOT BE USED OR
NORTH OF THE TEXAS COORDINATE SYSTEM OF 1983
TRACT 2 -149 SF OR 0.003 AC
VIEWED OR RELIED
(NORTH CENTRAL ZONE 4202) GEODETIC BEARING
A TRACT OF LAND SITUATED IN THE
ESTABLISHED BY GPS MEASUREMENTS TAKEN ON THE
,TAMES MATTHEWS SURVEY, ABSTRACT NO.1021,
UPON AS A FINAL
GROUND AND COMPUTED BY ONLINE POSITIONING
TARRANT COUNTY, TEXAS
SURVEY DOCUMENT
USER SERVICE (OPUS) OFFERED BY THE NATIONAL
PORTION OF ATRACT OF LAND TOAMCAL
GEODETIC SURVEY. ALL COORDINATES AND
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EQUITIES, LLC AS RECORDED IN INSTRUMENT
D219259031 OFFICIAL PUBLIC RECORDS
PRELIMINARY, THIS DOCUMENT SHALL NOT
DISTANCES SHOWN ARE SURFACE UTILIZING
NUMBER
OF TARRANT COUNTY, TEXAS,
BE RECORDED FOR ANY PURPOSE AND
COMBINED SCALE FACTOR OF 1.000153283.
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SHALL NOT BE USED OR VIEWED OR RELIED
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UPON AS A FINAL SURVEY DOCUMENT.
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THIS EXHIBIT WAS PERFORMED WITHOUT THE BENEFIT
820 wailers Creek Boulevard, sutra M300
Allen, Texas 73013
Brian J. Maddox, R.P.L.S., No. 5430
OF A TITLE COMMITMENT.
214.461.9867 ph www.tn Ine.eom
T.P.E.LS. IFT"n No. 10194381
February 25, 2022
P,oleer No, AML 20393 PAGE 2 OF 2
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EXHIBIT D
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 15 of 15
Revised 12/2022
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