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HomeMy WebLinkAboutContract 59655Date Received: 6/23/2023 Time Received: 3:00 p.m. Record Number: PN23-00010 City Secretary No.: 59655 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 Huntley Public Facility Corporation, a Texas public facilities corporation ("Licensee"), acting by and through its duly authorized secretary, and SCP FW Trinity Owner, L.P., a Texas limited partnership ("Developer"). RECITALS WHEREAS, Licensee is the owner of the real property located at 3875 Post Oak Boulevard, Fort Worth, Texas 76040 ("Property"), as recorded in Deed Records as being Lot 2, Block 6, Trinity Landing Addition, an addition to the city of Fort Worth, by Instrument Number D223048959, in Tarrant County, Texas; and WHEREAS, Licensee has granted a 99-year lease of the Property to Developer (the "Lease"); and WHEREAS, the City owns a water, sanitary sewer, emergency access, and pedestrian access easements (the "Public Property") adjacent to the Property, recorded in the deed records of Tarrant County by instrument number D223048959; and WHEREAS, Developer 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 Developer, the City will allow the encroachment under the terms and conditions as set forth in this Agreement. NOW, THEREFORE, the City, Licensee, and Developer agree as follows: AGREEMENT 1. The City, in consideration of the payment by Developer of the fee set out below and covenants and agreements hereinafter contained to be kept and performed by Developer and Licensee, hereby grants permission to Developer and Licensee to encroach Tier II Easement Encroachment Agreement Error! Unknown document property name. OFFICIAL RECORD Page 1 of 13 CITY SECRETARY Revised 12/2022 FT. WORTH, TX 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 storm drains (the "Encroachment"). Upon completion of the Encroachment, Developer agrees to be responsible for maintaining the Encroachment within the Public Property; PROVIDED, HOWEVER, THAT IF a) THE LEASE TERMINATES or b) DEVELOPER DEFAULTS HEREUNDER AND FAILS TO CURE AFTER NOTICE. THEN SUBJECT TO APPLICABLE LAW. THE OBLIGATIONS HEREUNDER SHALL REVERT BACK TO LICENSEE OR ANY SUBSEOUENT OWNER OF THE PROPERTY DURING ITS PERIOD OF OWNERSHIP. Neither Licensee nor Developer shall 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, Developer shall submit all plans and specifications to the Director of the Development Services Department or duly authorized representative. Developer 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. Developer, 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, Developer 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 and Developer agree 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 II Easement Encroachment Agreement Page 2 of 13 Revised 12/2022 Error! Unknown document property name. 5. Upon termination of this Agreement, Developer 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 Developer and Licensee that if this Agreement terminates and both Developer and Licensee fail to remove the Encroachment and restore the Public Property, Developer and Licensee hereby give 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, Developer 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 Developer's or Licensee's noncompliance with any of the terms of this Agreement. City shall notify Developer and Licensee in writing of any such noncompliance and if Developer or 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 Developer or 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, Tier II Easement Encroachment Agreement Page 3 of 13 Revised 12/2022 Error! Unknown document property name. 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. DEVELOPER 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 DEVELOPER HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. DEVELOPER 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, Developer 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 $11000,000 with the understanding and agreement by Developer that such insurance amounts may be revised upward at City's option and that Developer shall so revise such amounts immediately following notice to Developer 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. Developer 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 II Easement Encroachment Agreement Page 4 of 13 Revised 12/2022 Error! Unknown document property name. the Encroachment and restoration of the Public Property. All insurance coverage required herein shall include coverage of all Developer's contractors and subcontractors. 11. Developer 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. Developer 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. Developer 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. Developer 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 Developer 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 Developer, its officers, agents, servants, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Developer. 15. Developer 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. Developer 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 Developer, City shall be entitled to recover interest and reasonable attorneys' fees. Tier II Easement Encroachment Agreement Page 5 of 13 Revised 12/2022 Error! Unknown document property name. 17. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. 18. Developer 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 Developer conveys the Property, Developer may assign all of its rights and obligations under this Agreement to the new owner of the Property, and Developer 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 Developer or assignment to a secured lender by Developer 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 Developer's rights and obligations hereunder. However, no change of ownership due to foreclosure or assignment to any secured lender of Developer 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 13 Revised 12/2022 Error! Unknown document property name. City: CITY OF FORT WORTH By: DJ Harrell (Jun 21, 2023 07:53 CDT) D.J. Harrell, Director of the Development Services Department Date: J u n 21, 2023 ATTEST: Jannette Goodall, City Secretary �d444�n� �oO�-Id co dvo o=d oolc� o nEaA54pp Date: Jun 23, 2023 Tier II Easement Encroachment Agreement Licensee: Huntley Public Facility Corporation, a domestic nonprofit corporation By: 4 Name: , arO aret ons Title:. Secretary Date: —6f 101/ZU Z3 Developer: SCP FW Trinity Owner, L.P., a Texas limited partnership By: StoneHawk Trinity, LLC, a Delaware limited liability company, its general partner By: — Name: _�-� .►. v.rss. n Title: 1/• tom. Approved As To Form and Legality 7)k Jeremy Anato-Mensah Assistant City Attorney Date: J u n 20, 2023 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 7 of 13 Revised 12/2022 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. kebecca Dlaa Owen Rebecca Diane Owen (Jun 21, 2023 07:34 CDT) Rebecca Owen Development Services Date: J u n 21, 2023 Tier II Easement Encroachment Agreement Page 8 of 13 Revised 12/2022 Y.rF.`iilellf9/�lU;ltl��'�U�■�U9WEL 1IRA 111 J913LORI li,JAU94 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 21st__ day of June , 20 23 WendLDigitally signed by Y� Wendy L. Beardslee B ea rd s I ee Date:1023.06.21 08:44:09-05'00' 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�PRYP�WENDY L BEARDSLEE . _ Notary Public , * * STATE OF TEXAS N� e Notary I.D. 13323719-3 i 9'F00 My Comm. Exp. July 28, 2025 ' Page 9 of 13 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 Mary -Margaret Lemons, Secretary Huntley Public Facility Corporation (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 Huntley Public Facility Corporation, a domestic nonprofit corporation, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 15th J Notary Public in State of Texas , 2023. -..�. EVA C KEY C �' n Notary ID #10943269 � My Commission Expires A for the N'rc��tE}' August 15, 2025 day of Tier II Easement Encroachment Agreement Page 10 of 13 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 ____&—_,;eAti ).9. (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 StoneHawk Trinity, LLC, a Delaware limited liability company, the general partner of SCP FW Trinity Owner, L.P., a Texas limited partnership, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this �_ day of TO 'j E _ __ _ -----� 2023. - J44.6.— /Zi 6 Notary Public in and for the State of Texas BRANDON MARK HOPKINS 1 %�iNotary Public, State of Texas , +c Comm. Expires 02-25-2024 Notary !D 132375231 Tier II Easement Encroachment Agreement Page 11 of 13 Revised 12/2022 EXHIBIT A Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page 12 of 13 Revised 12/2022 Error! Unknown document property name. EXHIBIT "A" DRAINAGE EASEMENT SITUATED IN THE JOHN CHILDRESS SURVEY, ABSTRACT No. 251 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS BEING a 0.2738 acre tract of land situated in the John Childress Survey, Abstract No. 249, being a portion of Block 6, Post Oak Village, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Volume 388-145, Page 47, Plat Records, Tarrant County, Texas (PRTCT) and being a portion of a called 6.500 acre tract of land described in the Special Warranty deed to SCP Trinity Land, a Delaware LLC, as recorded in Instrument No. D222030228, Official Public Records, Tarrant County, Texas (OPRTCT). Said 0.2738 acre tract being more particularly described by metes and bounds as follows: COMMENCING at a point for the northwest corner of said 6.500 acre tract, the northernmost northeast corner of Lot 1, Block 6, Post Oak Village, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Volume 388-184, Page 92, PRTCT, and in the southerly right-of-way line of Trinity Boulevard, a variable width right-of-way, from which a 1/2" iron rod found, bears South 58°45'19" West, a distance of 1.49 feet; THENCE in a southeasterly direction, departing the south right-of-way line of said Trinity Boulevard and with the common line of said 6.500 acre tract and said Lot 1, the following courses and distances: South 27°03'13" East, a distance of 150.00 feet to a point for corner, from which a 1/2" iron rod found bears South 75°32'40" West, a distance of 0.74 feet; South 03°27'45" East, a distance of 139.98 feet to a 3/8" iron rod found (leaning); South 61°59'19" East, a distance of 105.00 feet to the POINT OF BEGINNING, from which a 3/8" iron rod found bears North 15°42'08" West, a distance of 0.22 feet; THENCE over and across said 6.500 acre tract, the following courses and distances: North 05°25'32" East, a distance of 12.05 feet to a point for corner; North 15°08'22" West, a distance of 22.81 feet to a point for corner; North 37°38'22" West, a distance of 34.26 feet to a point for corner; North 08°01'18" East, a distance of 27.66 feet to a point for corner; North 81°58'42" West, a distance of 8.50 feet to a point for corner; North 08°01'18" East, a distance of 20.50 feet to a point for corner; South 81°58'41" East, a distance of 172.00 feet to a point for corner; South 08°01'19" West, a distance of 19.89 feet to a point for corner; South 59°58'42" East, a distance of 79.44 feet to a point for corner; South 14°58'42" East, a distance of 35.73 feet to a point for corner; South 75°16'25" West, a distance of 20.32 feet to a point for corner, from which a 1/2" iron rod found bears North 76°30'31" West, a distance of 37.82 feet; North 15°04'33" West, a distance of 27.04 feet to a point for corner; North 59°45'06" West, a distance of 36.76 feet to a point for corner; South 30°01'18" West, a distance of 10.63 feet to a point for corner; North 59°58'42" West, a distance of 25.31 feet to a point for corner; North 81°58'42" West, a distance of 134.91 feet to a point for corner; South 37°38'22" East, a distance of 16.40 feet to a point for corner; South 15°08'22" East, a distance of 28.36 feet to a point for corner; South 35°41'11" East, a distance of 9.31 feet to a point for corner; South 74°52'11" West, a distance of 22.50 feet to the POINT OF BEGINNING and containing 11,926 Square Feet or 0.2738 Acres of Land, more or less. Co 'Q 5 .................. . LON .E.. WHITTEN. . '• � 5893 Q '� 9.•,,cESS�o �O Lon E. Whitten, RPLS No. 5893 �� S U R"l Date: October 6, 2022 EXHIBIT 'B" DRAINAGE EASEMENT SITUATED IN THE JOHN CHILDRESS SURVEY, ABSTRACT NO. 251 IN THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS _ $j,VD • . v �_ LEGEND/ABBREVIATIONS r 10' RIGH r OF WAY & ESM r. N Y10 v 1 IRF IRON ROD FOUND +P. ��RipB�EpWB��T VOL 57001� PG.R974 CIRF CAPPED IRON ROD FOUND GG# OPR NAD83 (GRID) ORrcr �r CC# COUNTY CLERK'S N: 6, 985, 041.04 1 E.Z407816.7o INSTRUMENT NUMBER 15'X4s' SW BELL ESMT �g�� OPRTCT OFFICIAL PUBLIC RECORDS, VOL. 388-184, PG. 92 PRTCT $ 5 TARRANT COUNTY, TEXAS 1/2" IRF (DIST.) N r$� PRTCT PLAT RECORDS, BEARS �gY jQ• TARRANT COUNTY, TEXAS S 58'45'19" W 1.49' VOL. VOLUME PG. PAGE g POC POINT OF COMMENCING LOT 1, BLOCK 6 POB POINT OF BEGINNING POST OAK VILLAGE ADDITION BLOCK 6 VOLUME 388-184, PAGE 92 POST OAK VILLAGE ADDITION PRTCT \ VOLUME 388-145, PACE 47 PRTCT 1/2" IRF BEARS S 75 32'40" W 0.74' 6 500 ACRES �. _o - co N -- (A .I� LINE TABLE m SCP TRINITY LAND, A DELAWARE LLC CC# D222030228 OPRTCT Co 4 — VARIABLE WIDTH DRAINAGE EASEMENT 0.2738 ACRES S815841 � (1 1926 SQ. FT.) nE 172 00' LINE BEARING DISTANCE L1 N 05 2532" E 12.05' 3/8" IRF Is, S9,9stA. Ste, (LEANING) L2 N 15°08'22" W 22.81' S 8158'¢2" �23c� L3 N 373822" W 34.26' 6�. 70 s9 j 134.91' w 1 �r L4 N 08°01'18" E 27.66' S��' `�� \ v \J L5 N 81 °58'42" W 8.50' r o 1/2" IRF L6 N 08°01'18" E 20.50' NAD83 rL9 L7 S 08°01'19" W 19.89' N: 6, 984, 718.46 E:2,4o7,sss.os N 7630'31 " W �I15' SSE —VOL. 388-184, PG. 92 37.82 L8 S 14 58'42" E 35.73' 3/8" IRF BEARS PRTCT N 15'42'08" W 0.22' � � \L9 S 75°16'25" W 20.32' L10 N 15°04'33" W 27.04' L11 N 5945'06" W 36.76' L12 S 30'01'18" W 10.63' m m a Bearings and coordinates are grid L13 N 59°58'42" W 25.31' based on the "Texas Coordinate System of 1983, North Central Zone" as civil engineering surveying landscape architecture planning L14 S 3738'22" E 16.40' determined by GPS observations. The tbpels registration number: f - 2759 convergence angle at the Point of tbpels registration/license number: 10088000 L15 S 15.08'22" E 28.36' Beginning is 00°46'49.1 ". All distances 5 1 s e a s t b o r d e r L16 S 35*41'11" E 9.31' have been adjusted to surface using a a r l i n g t o n, texas 7 s 0 1 0 combined scale factor of 10001401174168 817-469-1 671 L17 S 74*52'11" W 22.50' .. fax: 8 1 7 - 2 7 4 - 8 7 5 7 w w w. m m a t e x a s. c o m DATE: 10-4-2022 SCALE: 1" = 60' DRAWN BY: _ ,/MS'_ CHECKED BY: LEW JOB. NO.: 3508-00-02 Oav- yti Qo �a Post 03K -- Fort NIoRh�,ty of Arlington---- - -- City of VICINITY MAP SCALE 1" = 1,000' MAPSCO NO. 56T /, 0 500 1000 2000 1 1 1 1 Lj1 inch = 1000 ft. m ma dw ongineedng aungAng lands ara,llea,rm vlanrdro tbpels registration number: f - 2759 tbpels registration/license number: 10088000 519 east border a r I i n g t o n, t e x a s 7 6 0 1 0 8 1 7 - 4 6 9 - 1 6 7 1 fax: 817-274-8757 w w w. m m a t e x a s. c o m LOT 2 BLOCK 6 6.650 AC 283,143 SO FT \ \ TRINITY LANDING \ \ SCP TRINITY LAND, \ A DELAWARE LLC CC# D222030228 j \--ENCROACHMENT OPRTCT #1 LOT 1, BLOCK 6 POST OAK VILLAGE ADDITION VOLUME 388-184, / PAGE 92 / PRTCT PC WOOD / HOLLOW LLC CC# D216304111 / OPRTCT / LOT 1 BLOCK 6 1.848 AC 80,514 SO FT TRINITY LANDING HIMALAYAN PROPERTIES LLC CC# D217290324 OPRTCT VCROACHMENT #2 ENCROACHMENT #3 I ENCROACHMENT #4 IATET \11, TIT o- U I I U I U WEST RIM DRIVE 0 VERALL EASEMENT ENCROACHMENT EXHIBIT I civil engineering surveying landscape architecture planning tbpels registration number: f — 2759 tbpels registration/license number: 10088000 519 east border a r l i n g t o n, texas 7 6 0 1 0 8 1 7 — 4 6 9 — 1 6 7 1 fax: 817-274-8757 DATE: Apr 17 202J SCALE: ___N. T S _ DRAWN BY: _um__ CHECKED BY: —AL— JOB. NO.: moff SLo-w w "' "' m m a t e x a s . c o m 2 Of 4 ENCROACHMENT #1 SEWER EASEMENT ENCROACHMENT BEING a tract of land situated in the John Childress Survey, Abstract No. 251, Tarrant County, Texas, being a portion of the remainder of Block 6, Post Oak Village, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Volume 388-145, Page 47, Plat Records, Tarrant County, Texas (PRTCT), and being a portion of the land described in the Special Warranty Deed to SCP Trinity Land, as recorded in Instrument No. D222030228, Official Public Records, Tarrant County, Texas (OPRTCT), and being more particularly described by metes and bounds as follows: BEGINNING at a point for the southeast corner of the herein described tract (Grid: N:6,984,856.11, E:2,407,920.81), from which the southwest corner of said Block 6, the northeast corner of Lot 1, Block 6, Post Oak Village, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Volume 388- 184, Page 92, PRTCT, in the west right-of-way line of Post Oak Boulevard, an 80.00 foot wide right-of-way, bears South 68°17'30" East, a distance of 689.40 feet; THENCE over and across said Block 6, the following courses and distances: South 80°53'40" West, a distance of 4.42 feet to a point for corner; North 27°03'13" West, a distance of 36.79 feet to a point for corner; North 80°53'40" East, a distance of 4.42 feet to a point for corner; South 27°03'13" East, a distance of 36.79 feet to the POINT OF BEGINNING and containing 155 Square Feet or 0.004 of an Acre of Land, more or less. A survey plot of even date accompanies this metes and bounds description. April 17, 2023 1 of 2 ENCROACHMENT #1 SEWER EASEMENT ENCROACHMENT LINE TABLE LEGENDIABBREMTlONS LINE # DIRECTION LENGTH EASEMENT LINE — — POB POINT OF BEGINNING L 1 S 80 53'40" W 4.42' PROPERTY LINE — — OPRTCT OFFICIAL PUBLIC RECORDS, L2 N 27°03'13" W 36.79' TARRANT COUNTY, TEXAS W ENCROACHMENT LOCATION PRTCT PLAT RECORDS, TARRANT L3 N 80 53'40" E 4.42' TEXAS STORM PIPE COUNTY, L4 S 27°03'13" E 36.79' ------ w` 26' `m EMERGENCY \ 0 \ ACCESS \� EASEMENT BLOCK 6 \ � r POST OAK VILLAGE W \ \ VOLUME 388-145, PAGE 47 LOT 1, BLOCK 6 \ EASEMENT PRTCT U POST OAK VILLAGE , \ ENCROACHMENT SCP TRINITY LAND VOLUME 388-184, PAGE 92 155 SQUARE FEET OR CC# D2220JO228 W 0.004 ACRES PRTCT \ _ _ \� � OPRTCT PC WOOD HOLLOW LLC L3Lu _AV PUBLIC �� A CC# D216JO4111 SEWER \ OPRTCT \ 15' SANITARY SEWER EASEMENT BY PLAT _ N \ PRI VA TE STORM \ D ccy223048959 72 K \\ SMH POINT FOR CORNER �— NAD83 (GRID) o _ i N:6984856.11 a 15' ESMT — L1 E:2407920.81 X L VOL.S3 8_184, J 35" SANITARY /S U \c;i 0 25' SANITARY SEiRY-� PG 92 PRTCT I SEWER BE'4 F4ST � EASEMENT BY PLAT N EASEMENT S6gy)t4 CC//D22304B959 „ SS BY PLAT p F \ Bl p I CC#22J048959 689 K 6 — M 4p• O i_ N E - ❑ /, NOTES.- 1. BEARINGS SHOWN HEREON ARE IN REFERENCE TO THE NAD83 - TEXAS COORDINATE = SYSTEM - NORTH CENTRAL ZONE, 4202, BASED ON GPS OBSERVATIONS UTILIZING THE 0 15 30 60 o LEICA GPS REFERENCE NETWORK. ALL DISTANCES SHOWN HEREON WERE ADJUSTED TO I I I I SURFACE USING A COMBINED SCALE FACTOR OF 1.0001401174168, BASE POINT OF 0,0,0. 0 a 2. A METES AND BOUNDS DESCRIPTION OF EVEN DATE ACCOMPANIES THIS SURVEY PLOT. x 1 inch = 30 ft. a OF..rF o_ • •G � FR • s T �P .+ mom a co - ------------------ LON E. WHITTEN . �....... ... .. civil engineering surveying landscape architecture planning W ,pp 5893 �Q : tbpels registration number: f — 2759 Q �— 9 • • , °E S S �� �� tbpels registration/license number: 10088000 o N LON WHITTEN, RPLS No. 5893 �� • S U R�l� 5 1 9 e a s t b o r d e r oDATE.- January 5, 2023 arIingtan, texas 76010 n REVISED: APRIL 17, 2023 TO ADDRESS COMMENTS s 1 7- 4 6 9- 1 6 71 REVISED: MARCH 14, 2023 TO CORRECT GRID COORDINATES. fax: 8 1 7 - 2 7 4 - 8 7 5 7 Ca w w w. m m a t e x a s. c o m DATE: ✓anuary 5, 2023 SCALE: DRAWN BY: _MM— CHECKED BY: —VA— JOB. NO.: 3MB- X=-02 2 of 3 0 J o_ ENCROACHMENT #2 SEWER EASEMENT ENCROACHMENT BEING a tract of land situated in the John Childress Survey, Abstract No. 251, Tarrant County, Texas, being a portion of the remainder of Block 6, Post Oak Village, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Volume 388-145, Page 47, Plat Records, Tarrant County, Texas (PRTCT), and being a portion of the land described in the Special Warranty Deed to SCP Trinity Land, as recorded in Instrument No. D222030228, Official Public Records, Tarrant County, Texas (OPRTCT), and being more particularly described by metes and bounds as follows: BEGINNING at a point for the southeast corner of the herein described tract (Grid: N:6,984,822.79, E:2,408,111.06), from which the southeast corner of said Block 6, the northeast corner of Lot 1, Block 6, Post Oak Village, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Volume 388- 184, Page 92, PRTCT, in the west right-of-way line of Post Oak Boulevard, an 80.00 foot wide right-of-way, bears South 63°47'13" East, a distance of 501.83 feet; THENCE over and across said Block 6, the following courses and distances: North 88°04'44" West, a distance of 4.21 feet to a point for corner; North 00°01'23" East, a distance of 25.01 feet to a point for corner; South 88°04'44" East, a distance of 4.21 feet to a point for corner; South 00°01'23" West, a distance of 25.01 feet to the POINT OF BEGINNING and containing 105 Square Feet or 0.002 of an Acre of Land, more or less. A survey plot of even date accompanies this metes and bounds description. April 17, 2023 1 of 2 m 0 0 a ENCROACHMENT #2 SEWER EASEMENT ENCROACHMENT LINE TABLE LINE # DIRECTION LENGTH EASEMENT LINE L 1 N 88'04'44" W 4.21 ' PROPERTY LINE L2 N 00'01'23" E 25.01' ENCROACHMENT L3 S 8804'44" E 4.21' LOCATION L4 S 00101 '23" W 25.01 ' STORM PIPE LEGEND/ABBREVIATIONS POB POINT OF BEGINNING �jw2foA PRTCT BLOCK 6 T3 UE F UE POST OAK VILLAGE OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS PLAT RECORDS, TARRANT COUNTY, TEXAS VOLUME 388-145, PAGE 47 _ PRTCT EASEMENT SOP TRINITY LAND ENCROACHMENT ~ PRI VA TE CC D222030228 105 SQUARE FEET OR — STORM # OPRTCT 0.002 ACRES - r C� — — — — — — — — — — — ___ '-'L3 I I m I — — — — 26" EMERGENCY I I 25' SANITARY SEWER ACCESS EASEMENT — — — — (— EASEMENT BY PLAT 3+00 CC#22J048959 J +off 8" $S 8" SS 8„ SS I J KANDEL DRIVE PUBLIC SEWER_ r Vo _--- - POINT FOR CORNER — _— _— — — — c — — — NAD83 (GRID) PRl VA TE NORM{'" N: 6984822.79 C �\ E. 2408111.06 m L 1 _ _ I 6F I nys RjrRN qST 3F\e<oZ- 7� SOA G 1 � NO TES. 1. BEARINGS SHOWN HEREON ARE IN REFERENCE TO THE NAD83 - TEXAS COORDINATE SYSTEM 0 10 20 40 - NORTH CENTRAL ZONE, 4202, BASED ON GPS OBSERVATIONS UTILIZING THE LEICA GPS I I REFERENCE NETWORK. ALL DISTANCES SHOWN HEREON WERE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1.0001401174168, BASE POINT OF 0, 0, 0. Z A METES AND BOUNDS DESCRIPTION OF EVEN DATE ACCOMPANIES THIS SURVEY PLOT. 1 inch = 20 ft. F ................. LON E. WRITTEN • • 5893fie 9' OP * ESS\O �O LON WHITTEN, RPLS No. 5893 �� • S U RJR DATE.- January 5, 2023 REVISED: APRIL 17, 2023 TO ADDRESS COMMENTS REVISED: MARCH 14, 2023 TO CORRECT GRID COORDINATES. mma civil engineering surveying landscape architecture planning tbpels registration number: f - 2759 tbpels registration/license number: 10088000 519 east border a r I i n g t a n, t e x a s 7 6 0 1 0 817-469-1671 fax: 8 1 7 - 2 7 4 - 8 7 5 7 w w w. m m a t e x a s. c o m DATE: Apr 17 2023 SCALE: I" = 20' DRAWN BY: _MM— CHECKED BY:_vA— JOB. No.: jw8- a=w 2 of 3 ENCROACHMENT #3 SEWER EASEMENT ENCROACHMENT BEING a tract of land situated in the John Childress Survey, Abstract No. 251, Tarrant County, Texas, being a portion of the remainder of Block 6, Post Oak Village, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Volume 388-145, Page 47, Plat Records, Tarrant County, Texas (PRTCT), and being a portion of the land described in the Special Warranty Deed to SCP Trinity Land, as recorded in Instrument No. D222030228, Official Public Records, Tarrant County, Texas (OPRTCT), and being more particularly described by metes and bounds as follows: BEGINNING at a point for the southeast corner of the herein described tract (Grid: N:6,984,827.65, E:2,408,168.21), from which the southwest corner of said Block 6, the northeast corner of Lot 1, Block 6, Post Oak Village, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Volume 388- 184, Page 92, PRTCT, in the west right-of-way line of Post Oak Boulevard, an 80.00 foot wide right-of-way, bears South 60°02'41" East, a distance of 453.66 feet; THENCE over and across said Block 6, the following courses and distances: North 90°00'00" West, a distance of 4.21 feet to a point for corner; North 00°00'57" West, a distance of 15.00 feet to a point for corner; North 90°00'00" East, a distance of 4.21 feet to a point for corner; South 00°00'57" East, a distance of 15.00 feet to the POINT OF BEGINNING and containing 63 Square Feet or 0.001 of an Acre of Land, more or less. A survey plot of even date accompanies this metes and bounds description. April 17, 2023 1 of 2 ENCROACHMENT #3 SEWER EASEMENT ENCROACHMENT LINE TABLE LINE # DIRECTION LENGTH EASEMENT LINE L1 N 90'00'00" W 4.21' PROPERTY LINE L2 N 00°00'57" W 15.00' ENCROACHMENT L3 N 90°00'00" E 4.21' LOCATION L4 S 00'00'57" E 15.00' STORM PIPE LEGENDIABBREVIATIONS POB POINT OF BEGINNING PRTCT OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS PLAT RECORDS, TARRANT COUNTY, TEXAS BLOCK 6 I UE I POST OAK VILLAGE — — — — — — — -- I la VOLUME 388-145, PAGE 47 EASEMENT I i PRTCT ENCROACHMENT SCP TRINITY LAND PRI VA TE 63 SQUARE FEET OR / CC# D222030228 STORM 0.001 ACRES I — OPRTCT rn 15' SANITARY SEWER PUBLIC WATER — EASEMENT BY PLAT — 26' EMERGENCY I CC#223048959 ACCESS EASEMENT i —L3 I 8 W -------� -- ----- +o0 — — —— J I 8" SS J - 8" S 8" SS KANDEL DRIVE I PUBLIC SEWER / ---POINT NAD83 (GRID) RNER N: 6984827.65 — — — — PRI VA TE TORM L s E: 240816&21 0 e�oc 2 �1)0 NOTES.- 1. BEARINGS SHOWN HEREON ARE IN REFERENCE TO THE NAD83 - TEXAS COORDINATE 0 10 20 40 SYSTEM - NORTH CENTRAL ZONE, 4202, BASED ON GPS OBSERVATIONS UTILIZING THE I I I LEICA GPS REFERENCE NETWORK. ALL DISTANCES SHOWN HEREON WERE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1.0001401174168, BASE POINT OF 0,0,0. 2. A METES AND BOUNDS DESCRIPTION OF EVEN DATE ACCOMPANIES THIS SURVEY PLOT. 1 inch = 20 ft. /�..4 F. rF� N �a':kr ................. LON E. WHITTEN :'5893 . •�Q:� 9' 00ESS\O �O LON WHITTEN, RPLS No. 5893 DATE.- January 5, 2023 REVISED: APRIL 17, 2023 TO ADDRESS COMMENTS REVISED: MARCH 14, 2023 TO CORRECT GRID COORDINATES. mma civil engineering surveying landscape architecture planning tbpels registration number: f — 2759 tbpels registration/license number: 10088000 519 east border a r I i n g t o n, t e x a s 7 6 0 1 0 8 1 7 — 4 6 9 — 1 6 7 1 fax: 817-274-8757 w w w. m m a t e x a s. c o m DATE: ✓anuory 5, 2023 SCALE: I" = 20' DRAWN BY: -mm— CHECKED BY:_YA— JOB. NO.: jw8-1Q-LJ2 2 of 3 ENCROACHMENT #4 WATER EASEMENT ENCROACHMENT BEING a tract of land situated in the John Childress Survey, Abstract No. 251, Tarrant County, Texas, being a portion of the remainder of Block 6, Post Oak Village, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Volume 388-145, Page 47, Plat Records, Tarrant County, Texas (PRTCT), and being a portion of the land described in the Special Warranty Deed to SCP Trinity Land, as recorded in Instrument No. D222030228, Official Public Records, Tarrant County, Texas (OPRTCT), and being more particularly described by metes and bounds as follows: BEGINNING at a point for the southeast corner of the herein described tract (Grid: N:6,984,838.51, E:2,408,531.69), from which the southeast corner of said Block 6, the northeast corner of Lot 1, Block 6, Post Oak Village, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Volume 388- 184, Page 92, PRTCT, in the west right-of-way line of Post Oak Boulevard, an 80.00 foot wide right-of-way, bears South 07°05'30" East, a distance of 239.22 feet; THENCE over and across said Block 6, the following courses and distances: North 89°59'33" West, a distance of 5.33 feet to a point for corner; North 00°00'08" East, a distance of 15.00 feet to a point for corner; South 89°59'33" East, a distance of 5.33 feet to a point for corner; South 00°00'08" West, a distance of 15.00 feet to the POINT OF BEGINNING and containing 80 Square Feet or 0.002 of an Acre of Land, more or less. A survey plot of even date accompanies this metes and bounds description. April 17, 2023 1 of 2 ENCROACHMENT #4 WATER EASEMENT ENCROACHMENT LINE TABLE LINE # DIRECTION LENGTH EASEMENT LINE L 1 N 89 5933" W 5.33' PROPERTY LINE L2 N 00'00'08" E 1500' . ENCROACHMENT L3 S 89'59'33" E 5.33' LOCATION L4 S 00°00'08" W 15.00' STORM PIPE NOTES.- LEGENDIABBREVIATIONS POB POINT OF BEGINNING �1w3f*A PRTCT OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS PLAT RECORDS, TARRANT COUNTY, TEXAS BLOCK 6 POST OAK VILLAGE SCP TRINITY LAND I VOLUME 388-145, PAGE 47 CC# D222030228 PRTCT OPRTCT I 15' WATER EASEMENT EASEMENT ENCROACHMENT I BY PLAT _ 26' EMERGENCY 80.0 SQUARE FEET OR CC#223048959 ACCESS EASEMENT L30.002 ACRES -- -- — 1 � PUBLIC WATER � 8" w 8" w CN ,� -------- 2+00------- J rVo — _POINT FOR CORNER NAD83 (GRID) — — — Lrn a N: 6984838.51 KANDEL DRIVE cz I � � E 2408531.69 IoN - --A - -�_� U 7' PEDESTRIAN II _ U E ACCESS EASEMENT U E �; m U E \ G F PRIVATE STORM 1. BEARINGS SHOWN HEREON ARE IN REFERENCE TO THE NAD83 - TEXAS COORDINATE SYSTEM - NORTH CENTRAL ZONE, 4202, BASED ON GPS OBSERVATIONS UTILIZING THE LEICA GPS REFERENCE NETWORK. ALL DISTANCES SHOWN HEREON WERE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1.0001401174168, BASE POINT OF 0, 0, 0. 2. A METES AND BOUNDS DESCRIPTION OF EVEN DATE ACCOMPANIES THIS SURVEY PLOT. T��FRF@ 9 ................. LON E. WHITTEN •• 5893�Q:� 9' 0kE,SS�O �O LON WHITTEN, RPLS No. 5893 4�� DATE.- January 5, 2023 REVISED: APRIL 17, 2023 TO ADDRESS COMMENTS REVISED: MARCH 14, 2023 TO CORRECT GRID COORDINATES. 0 10 20 40 I I I I 1 inch = 20 ft. mma civil engineering surveying landscape architecture planning tbpels registration number: f — 2759 tbpels registration/license number: 10088000 519 east border a r I i n g t o n, t e x a s 7 6 0 1 0 8 1 7 — 4 6 9 — 1 6 7 1 fax: 8 1 7 — 2 7 4 — 8 7 5 7 w w w. m m a t e x a s. c o m m 0 0 a DATE: 10nucrY 5, 202-T SCALE: I" = 20' DRAWN BY: -mm- CHECKED BY:-YA- JOB. NO.: jw8-1Q-LJ2 3 of 4 m 0 0 J o_ 525 520 515 510 505 500 495 SD—D 525 z SCALE O O I I W HORZ — 1 "= 40' OO I I ? VERT — 1"=4' C) °' " I I 520 Lr) / I I - L 515 c W ui z 510 Pm?lVAX _• TOW I DRaN . ...,,.j.. 9r3' �r z-4" H7gE ® 0.50x I ' S TA +7—' 34 I f I F7 IBLA- R" s F_=5)3.F6 505 I I ZI 35' MNI NRY I `� f— EASWEN7BY —i N ca :LA T j o f I I o 500 L pLO I I pQ) z bz I I 6z I I L� N NN N- 495 1 +00 1 +50 ENCROACHMENT #1 lLwLn EASEMENT ENCROACHMENT 2+00 2+50 mma dull an& —ring surveying WndecW -d tt ft- planning tbpels registration number: f — 2759 tbpels registration/icense number: 10088000 519 east border arIington, texas 76010 8 1 7 — 4 6 9 — 1 6 7 1 fax: 817-274-8757 DATE: Apr 1Z, 2023 SCALE: 1" = 40' DRAWN BY: _MM_ CHECKED BY:_vA— JOB. NO.: 350E-00-02 W w w • m m a t e x a s . c o m 3 Of 3 525 520 515 ST A 1-29.10 PUE'L/C 8" SS FL=51221 510 505 OfEl . e ; SD -Al � I I I I I I SCALE HORZ — 1 "=40' VERT — 1 "=4' 9;25 I N k- cc co Cj C ) :z (i J� �I SANITARY O sE 'R r AS -I 'ENT 0) �Y SAT Q C. 223�489�9' ) 79' OF 1 ' HDP 9 �!.OG% 1520 515 510 505 500 498 2+00 2+50 mma dvil engineering surveying WKboape architecture pkmdng tbpels registron ber: f — 2759 tbpels registration/litiocensenumnumber: 10088000 519 east border a r I i n g t o n, t e x a s 7 6 0 1 0 8 1 7 — 4 6 9 — 1 6 7 1 fax: 817-274-8757 DATE: Apr 17, 202J SCALE: I" = 40' DRAWN BY: U_ CHECKED BY:__YA__ JOB. NO.: j,,2 —00-02 w w w . m m a t e x a s . c 0 m 3 Of 3 Lo Z N 1 +00 1 +50 ENCROACHMENT #2 �L' IIYL' K EASEMENT ENCROACHMENT PLOTTED BY: JOSE ORTIZ DATE: 4/17/2023 3:36 PM PATH: P:\3508-00-02\700 Land Development\703 Construction Plans\Design\Exhibits\2022-12-15 Easement Encroachment Exhibit\Easement Encroachment Profiles.dwg PP U1 U1 Cl1 0 co C) C) I -A w OD O U1 G! O U1 O O ' c cn rib '_ 24 Fr OUT = 50,:",. 06 (bl) ®^' � 24 ' F? 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I 530 To j I 530 cn� oo 525 cn \, o I 525 I T I I I 520 I 520 I 15 W47ER ASLw1EN1 Et' PLi IT C622J,1489L9 _ _ I 105' OF 24" HDPE 515 —® 2.4690 515 - iF e�OR I P ,IvA STI 5+39.f5 —•TC'F- P6*300, 8" & oNp I I 51314 tA 510 Ln_ I i Ln 510 II � I I II II I I bz I I b I 5051 505 5+00 5+50 6+00 6+25 ENCROACHMENT #4 WATER EASEMENT ENCROACHMENT mma dull anglneadng surveying Wndecap s -d tt ft- planning tbpels registration number: If — 2759 tbpels registration/icense number: 10088000 519 east border a r l i n g t o n, texas 7 6 0 1 0 817-469-1671 fax: 817-274-8757 t DATE: Apr 17, 2023 SCALE: 1" = 40' DRAWN BY: _MM_ CHECKED BY:_vA— JOB. NO.: 350E-00-02 W w w • m m a e x a s . c o m 4 Of 4 EXHIBIT B Certificate of Insurance Tier II Easement Encroachment Agreement Page 13 of 13 Revised 12/2022 Error! Unknown document property name. ^