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HomeMy WebLinkAboutContract 60076Date Received: 9/11/2023 Time Received: 1:47 p.m. Record Number: PN23-00045 City Secretary No.: 60076 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 Presidio Car Wash Properties, LLC, a(n) a Texas limited liability company ("Licensee"), acting by and through its duly authorized President. RECITALS WHEREAS, Licensee is the owner of the real property located at 9089 Tehama Ridge Parkway, Fort Worth, Texas 76177 ("Property"), being more particular described as, Lot 4R5A & Lot 4R5B, Block B, The Presidio Addition, as recorded in Deed Records, by Instrument Number D223037449, in Tarrant County, Texas, and; WHEREAS, the City owns a Sewer (the "Public Property") adjacent to the Property, recorded in the plat records of Tarrant County as plat number FS-22-320; and WHEREAS, Licensee desires to construct, place, and maintain certain improvements which will encroach in, on, above, or below the Public Property; and WHEREAS, to accommodate the needs of the Licensee, the City will allow the encroachment under the terms and conditions as set forth in this Agreement. NOW, THEREFORE, the City and Licensee agree as follows: AGREEMENT 1. The City, in consideration of the payment by Licensee of the fee set out below and covenants and agreements hereinafter contained to be kept and performed by Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and occupy a portion of the City's Public Property as described in and at the location shown on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing, installing, and maintaining a private drainage easement, underground telephone, and underground electric (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 Tier II Easement Encroachment Agreement OFFICIAL RECORD Page 1 of 12 CITY SECRETARY Revised 12/2022 FT. WORTH, TX 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 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. 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 Tier II Easement Encroachment Agreement Page 2 of 12 Revised 12/2022 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. S. It is further understood and agreed between the parties hereto that the Public Property to be used and encroached upon is held by City as trustee for the public; that City exercises such powers over the Public Property as have been delegated to it by the Constitution of the State of Texas or by the Texas Legislature; and that City cannot contract away its duty and its legislative power to control the Public Property for the use and benefit of the public. It is accordingly agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the Public Property to be used for any other public purpose, including but not being limited to underground, surface, or overhead communication, drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not, that the parties agree to negotiate in good faith in order to accommodate both the Encroachment and the public purpose. Tier II Easement Encroachment Agreement Page 3 of 12 Revised 12/2022 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 "A." 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 "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. Tier H Easement Encroachment Agreement Page 4 of 12 Revised 12/2022 11. Licensee agrees to deposit with the City when this Agreement is executed a sufficient sum of money to be used to pay necessary fees to record this Agreement in the real property records of the county in which the Encroachment is located. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. 12. Licensee agrees to comply fully with all applicable federal, state, and local laws, statutes, ordinances, codes, and regulations in connection with the construction, operation, and maintenance of the Encroachment and use of the Public Property. 13. Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for by this Agreement or by any federal, state, or local statute, law, or regulation. 14. Licensee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant, or employee of City, and Licensee shall have exclusive control of and the exclusive right to control the details of its operations, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. The doctrine of respondeat superior shall not apply as between City and Licensee, its officers, agents, servants, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Licensee. 15. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain, and locate the Encroachment over or within the Public Property and is not a conveyance of any right, title, or interest in or to the Public Property, nor is it meant to convey any right to use or occupy property in which a third -party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. Tier H Easement Encroachment Agreement Page 5 of 12 Revised 12/2022 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 H Easement Encroachment Agreement Page 6 of 12 Revised 12/2022 [SIGNATURES APPEAR ON FOLLOWING PAGE] Tier II Easement Encroachment Agreement Page 7 of 12 Revised 12/2022 City: CITY OF FORT WORTH By: DJ Harrell (Sep 11, 2023 09:07 CDT) D.J. Harrell, Director of the Development Services Department Date: Sep 11, 2023 qF pURT�a� ATTEST: d OVo �=4 R.(.C. � �� CpIln nE4p44a J Jannette Goodall, City Secretary Date: Sep 11, 2023 Licensee: Presidio Car Wash Properties, LLC a Texas limited liability company by: AIC Cascade Car Wash Holdings, LLC a Delaware limited liability company its sole member By: G , Name: ouston Simmons Title: President 2 Date: Approved As To Form and Legality Jeremy Anato-Mensah Assistant City Attorney Date: Sep 11, 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 (Sep 11, 2023 09:02 CDT) Rebecca Owen Development Services Date: Sep 11, 2023 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II Easement Encroachment Agreement Page 8 of 12 Revised 12/2022 :iy Y 11'llie 1'rJ ry A1:�1 YLIPi`1U to Y : lU lM ►� 11.y ►� �1►1 A'' ;:�.a 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 IIth day of September , 2023 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 H Easement Encroachment Agreement <PRYP�m KATHLEEN BRADFORD i Notary Public * * STATE OF TEXAS Notary I.D. 12197197 C` My Comm. Exp. Apr. 12, 2027 Page 9 of 12 Revised 12/2022 STATE OF TEXAS § COUNTY OF TARRANT § B�Fp'ORE ME, the undersigned authority, a Notary Public in and for the State of &Y2,5_1 on this day personally appeared Houston Simmons, President (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 Presidio Car Wash Properties, LLC, a Texas limited liability company (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ,j Today of XotaryPi �ic in and for the J .g0611" WENDY L. BEARDSLEE 0 Notary Public, State of Texas �= Comm. Expires 07-28-2025 Notary ID 133237193 J Tier R Easement Encroachment Agreement Page 10 of 12 Revised 12/2022 EXHIBIT A Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page 11 of 12 Revised 12/2022 J N TARRANT COUNTY, TEXAS EASEMENT ENCROACHMENT #1 LOT 1,'X' CUT IN THE PRESIDIOLOCK ADDMON —CONCRETE FOUND DOC. # 217283562 P.R.T.C.T. NWC LOT 4R5A X. CUT IN RTAN—RTAN ENTERPRISES, INC. CONCRETE FOUND DOC. # D219106299 O.P.R.T.C.T. NEC LOT 4R5A i —T N R—T ZN 88'02'49" W 58.44' (TIE) 213.74' (TIE) L1 .... POB— SEMENT ENCROACHMENT >; N: 7014688.23 LOT 4R5A, BLOCK B w E: 2329794.99 I 75 SQ. FT. THE PRESIDIO ADDITION DOC. # D223053577 P.R.T.C.T. o c� E 1-4 IT i I I I �a �a' I �g �O I I WN I O \ F o oa N9 I �'9 I I o in E 1 'COF .F ,. Q' p18TEq ILINE BEARING DISTANCE I SURVEYOR'S CERTIFICATION TYLERJ,IMLLIS 11-1 N 90'00'00" E 15.00' I 1 L2 S 00'00' 10" W 5.00' The undersigned hereby state that this survey is true and correct, was made on ' A s8%% ;j I L3 N 90'00'00" W 15.DD' _ iL the ground under my supervision and shows all visible and apparent easements, �9 �13$10�� OQ I L4 N 00'00'00" 1N 5.00' `. encroachments and protrusions. w. - �^ 1 Datapoint Surveyin apping 'YO SUFN -,-I Wat,:_- August 7, 2023 _ LERIS - c NOTES I ERED PROFESSIONAL LAND SURVEYOR NO.6877 t 1. ALL COORDINATES, BEARINGS, AND DISTANCES CONTAINED HEREIN g ARE GRID, BASED UPON THE TEXAS STATE PLANE COORDINATES - SYSTEM, NORTH AMERICAN DATUM 83, NORTH CENTRAL ZONE (4202), NAVD 88. EASEMENT ENCROACHMENT #1 = 75 SO. Ff. / 0.002 ACRE 2. THIS DOCUMENT IS BASED UPON AN ON THE GROUND SURVEY PERFORMED DURING MARCH, 2023. CERTIFICATION OF THIS gg1 DOCUMENT IS ONLY TO THE LOCATION OF THIS EASEMENT IN RELATION THE CLIENT. RECORDED MONUMENTATION OF DEEDS PROVIDED BY Situated in the LEGEND WILLIAM MCCOWEN SURVEY, 3. ELEVATIONS MSL, DERIVED FROM G.N.S.S. OBSERVATION AND dABSTRACT NO. 999 DERIVED FROM SAID OWTHE-GROUND SURVEY. —ENCROACHMENT BOUNDARY TARRANT COUNTY, TEXAS 4. THIS DOCUMENT DOES NOT IN ANY WAY REPRESENT A'BOUNDARY — EXISTING EASEMENT - SURVEY' AS DEFINED BY TA.C. § 663.16 = R_ PROPERTY LINE - CITY PUBLIC SERVICES 0 10, 20' —PROPERTY ADJOINER THE PRESIDIO ADDITION CAALLCULATEDUPOINT ... _ SCALE: 1" = 10' a tto 12450 Network Blvd. Suite 155 DRAWN BY: BJB I DATE 08/07/2023 REV. �g D ATA P (.) V i 1 T San Antonio, TX 78249 CHECKED BY: ZMmN DATE 08/07/2023 0 SURVEYING & MAPPING Phone: 726-777-4240 Firm No.10194585 PROJECT # 22-09-2596 SHEET 1 OF 2 EXHIBIT TARRRANT COUNTY, TEXAS WILLIAM MCCOWEN SURVEY, ABSTACT NO.999 CITY PUBLIC SERVICE THE PRESIDIO ADDITION Easement Encroachment Area #1 BEING a 0.002 acre tract of land situated in the William McCowen SURVEY, ABSTACT No. 999, Tarrant County, Texas, same being a portion of the tract of land platted as LOT 4115A, Block B, Presidio Addition, a subdivision in Tarrant County, Texas according to the plat thereof as recorded in Document No. D223053577 of the Plat Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a calculated point in said Lot 4115A, said point having a Northing value of 7014688.23 and an Easting value of 2329794.99, same being the Northwest corner of this herein described Easement, from which an "X" cut found for the Northeast corner of said Lot 4R5A bears North 82° 51' 17" East, a distance of 58.44 feet for reference and an "X" cut found for the Northwest corner of said Lot 4115A bears North 88. 02' 49" West, a distance of 213.74 feet for reference; THENCE over and across said Lot 4115A the following courses and distances: North 90° 00' 00" East, a distance of 15.00 feet to a point; South 00° 00' 10" West, a distance of 5.00 feet to a point; North 90° 00' 00" West, a distance of 15.00 feet to a point; North 00° 00' 00" West, a distance of 5.00 feet to the POINT OF BEGINNING, in all containing 75 Square Feet and/or 0.002 of an acre of land, more or less. I, Tyler J. Willis, Registered Professional Land Surveyor No. 6877 of the State of Texas, do hereby certify this plat shows the results of an on the ground survey made under my direction. Original signed an stamped in red ink. - 1-4-1 'o�y Arlalf":— TYL6R�WIfLIS c Date of Signature: August 7, 2023 REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6877 FIRM REGISTRATION/LICENSE NO. 10194585 FOR DATAPOINT SURVEYING AND MAPPING 12450 NETWORK BLVD, SUITE 155 SAN ANTONIO, TX. 78249 (777) 726-4240 OFFICE (777) 726-4241 FAX SHEET 2 OF 2 --O�; OF T Q•Q p\3TE�q O:�.9N ••TYLER J. WILLIS A••.6877 ��• 'r•9 •.9°FEs s\a��' 0 SURV i 'X' CUT IN CONCRETE NWC LOT 99 SQ. FT EASEMENT ENICROACHMENT :• .....::•::•:•::•:•: •.::.. TARRANT COUNTY, TEXAS EASEMENT ENCROACHMENT #2 LOT 4R1, BLOCK B THE PRESIDIO ADDITION DOC. # 217283562 P.R.T.C.T. RTAN-RTAN ENTERPRISES, It DOC. )I` D219106299 O.P.R.T.I M m 3p� 78 3� W 4$06 ``�El LOT 4R5A, BLOCK BI ZDOC�E PRESIDIO ADDITION j! D223053577 P.R.T.C.T. r� POB—EASEMENT ENCROACHMENT : 7014668.70 I I 0 E: 2329809.99 b IL " a �`— 9� 1 �— allo — FN I a o �` Uj QN G c I D'M U W N 0 n 0 'o SURVEYOR'S CERTIFICATION The undersigned hereby state that this survey is true and correct, was made on the ground under my supervision and shows all visible and apparent easements, encroachments and protrusions. Datapoint Surveyin apAing G r / TYLER J. WILLIS ,0 6877 Su N r1 `J "X" CUT IN FOUND 4R5A ILINE BEARING DISTANCE I I1-1 S 00*00'10" W 7.07' I L2 S 4459'29" W 15.22' IL3 N 89'59'48" W 4.24' I L4 N 00'00' 10" E 5.00' I IL5 S 89'59'48" E 2.17' j L6 N 44'59'29" E 18.15' J i AUGUST 7, 2023 v - 1 S — - t NOTES �LER EGI ERE PROFESSIONAL LAND SURVEYOR NO. 6877 1. ALL COORDINATES, BEARINGS, AND DISTANCES CONTAINED HEREIN ARE GRID, BASED UPON THE TEXAS STATE PLANE COORDINATES _ I SYSTEM, NORTH AMERICAN DATUM 83. NORTH CENTRAL ZONE (4202), II EASEMENT ENCROACHMENT = 99 SQ. FT. / 0.002 ACRE I NAVD 88. 2. THIS DOCUMENT IS BASED UPON AN ON THE GROUND SURVEY ' PERFORMED DURING MARCH, 2023. CERTIFICATION OF THIS ' DOCUMENT IS ONLY TO THE LOCATION OF THIS EASEMENT IN RELATION TO RECORDED MONUMENTATION OF DEEDS PROVIDED BY i' ,•°, .••.•�--_ Situated in the { ] THE CLIENT. LEGEND WILLIAM MCCOWEN SURVEY, 3. ELEVATIONS MSL, DERIVED FROM G.N.S.S. OBSERVATION AND I + ABSTRACT NO. 999 DERIVED FROM SAID ON -THE -GROUND SURVEY. � � � � ENCROACHMENT BOUNDARY ; ` TARRANT COUNTY, TEXAS 4. THIS DOCUMENT DOES NOT IN ANY WAY REPRESENT A'BOUNDARY — — — — — EXISTING EASEMENT 1 SURVEY' AS DEFINED BY TA.C, § 663.16 — 1'L— — PROPERTY LINE ' I CITY PUBLIC SERVICES — 0 10' 20' — — —PROPERTY ADJaNER ` O FOUND MONUMENT THE PRESIDIO ADDITION ♦ CALCULATED PANT SCALE: 1" = 10' = 12450 Network Blvd. - Suite 155 DRAWN BY: BJB +1— DATE 08/07/2023 REV. S DATA `r '` 1 San Antonio, TX 78249 CHECKED BY: ZMInN I DATE : 08/07/2023 0 i SURVEYING & M A, P P I N G I Phone:726-777-4240 1=inn No.10194585 I PROJECT # 22-09-2596 'SHEET 1 OF 2 j EXHIBIT TARRRANT COUNTY, TEXAS WILLIAM MCCOWEN SURVEY, ABSTACT NO. 999 CITY PUBLIC SERVICE THE PRESIDIO ADDITION EASEMENT ENCROACHMENT #2 BEING a 0.002 acre tract of land situated in the William McCowen SURVEY, ABSTACT No. 999, Tarrant County, Texas, same being a portion of the tract of land platted as LOT 4115A, Block B, Presidio Addition, a subdivision in Tarrant County, Texas according to the plat thereof as recorded in Document No. D223053577 of the Plat Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a calculated point in said Lot 4115A, said point having a Northing value of 7014668.70 and an Easting value of 2329809.99, same being the Northeast corner of this herein described Easement, from which an "X" cut found for the Northeast corner of said Lot 4115A bears North 58' 03' 11" East, a distance of 50.66 feet for reference and an "X" cut found for the Northwest corner of said Lot 4115A bears North 83' 18' 31" West, a distance of 230.19 feet for reference; THENCE over and across said Lot 4115A the following courses and distances: South 00° 00' 10" West, a distance of 7.07 feet to a point; South 44° 59' 29" West, a distance of 15.22 feet to a point; North 89° 59' 48" West, a distance of 4.24 feet to a point; North 00° 00' 10" East, a distance of 5.00 feet to a point; South 89° 59' 48" East, a distance of 2.17 feet to a point; North 44° 59' 29" East, a distance of 18.15 feet to the POINT OF BEGINNING, in all containing 99 Square Feet and/or 0.002 of an acre of land, more or less. I, Tyler J. Willis, Registered Professional Land Surveyor No. 6877 of the State of Texas, do hereby certify this plat shows the results of an on the ground survey made under my direction. Original signed stamped in red ink. "-L Date of Signature: August 7, 2023 J. ILLIS REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6877 FIRM REGISTRATION/LICENSE NO. 10194585 F. Tit` Q FOR DATAPOINT SURVEYING AND MAPPING 12450 NETWORK BLVD, SUITE 155 .... ...................... .:.., SAN ANTONIO, TX. 78249 Q ... TYLER .. WILLIS (777) 726-4240 OFFICE • 6877••••' (777) 726-4241 FAX „ nru�ei.irru in. ry,�u "X” CUT IN CONCRETE NWC LOT TARRANT COUNTY, TEXAS EASEMENT ENCROACHMENT #3 LOT 4R1, BLOCK B THE PRESIDIO ADDITION RTAN—RTAN ENTERPRISES, INC. DOC. # 217283562 P.R.T.C.T. DOC. # D219106299 O.P.R.T.C.T. - I V N 76'59'37" W x�� g 219.24' (TIE) UN e=0o N 49'36'53" E �g I 76.13' (TIE) POB—EASEMENT ENCROACHMENT N: 7014646.18 E: 2329794.99 LOT 4R5A, BLOCK B THE PRESIDIO ADDITION DOC. # D223053577 P.R.T.C.T, 172 SQ. FT EASEMENT" ENCROACHMENT J N r1 �0 Y 'X" CUT IN CONCRETE FOUND I NEC LOT 4R5A I ZN� �m I zm I FN 00 Fu > c __-y I ' o 0.. 6 I T -- I I , I I I SURVEYOR'S CERTIFICATION GJ,.°°��' C t(P I LINE BEARING DISTANCE "�j„�,�����,,,, ,, 000,oa,o, I L1 S 25'53'44" E 34.34' The undersigned hereby state that this survey is true and correct, was made on LER J YdILI IS I L2 S 00100' 10- W 11.45' the ground under my supervision and shows all visible and apparent easements, TY - encroachments and protrusions. i A°"""""......o°°°" I L3 N 25'53'44" W 34.34' y Aping ••� 4 61377 ;;� � 1 L4 N 00'00' 10" E 11.45' Datapoint Surve i a V / ' .. ��eEssB / d �Cn==�---August 7, 2023 v O V 7 E lid�� NOTES RIEG15TERED PROFESSIONAL LAND SURVEYOR NO. 6877 _ 1. ALL COORDINATES, BEARINGS, AND DISTANCES CONTAINED HEREIN a ARE GRID, BASED UPON THE TEXAS STATE PLANE COORDINATES SYSTEM, NORTH AMERICAN DATUM 83, NORTH CENTRAL ZONE (4202). - NAVD 88. EASEMENT ENCROACHMENT = 172 SQ. FT. / 0.004 ACRE 2. THIS DOCUMENT IS BASED UPON AN ON THE GROUND SURVEY PERFORMED DURING MARCH, 2023. CERTIFICATION OF THIS DOCUMENT IS ONLY TO THE LOCATION OF THIS EASEMENT IN RELATION TO RECORDED MONUMENTATION OF DEEDS PROVIDED BY ' °.• " THE CLIENT. t Situated in the WILLIAM MCCOWEN SURVEY, 3. ELEVATIONS MSL, DERIVED FROM G.N.S.S. OBSERVATION AND LEGEND DERIVED FROM SAID ON -THE -GROUND SURVEY. ABSTRACT NO. 999 ENCROACHMENT BOUNDARY TARRANT COUNTY, TEXAS 4. THIS DOCUMENT DOES NOT IN ANY WAY REPRESENT A'BOUNDARY i SURVEY' AS DEFINED BY T.A.C. § 663.16 — EXISTING EASEMENT CITY PUBLIC SERVICES ' 0 20' 40' _R— PROPERTY LINE PROPERTY ADJOINER THE PRESIDIO ADDITION O FOUND MONUMENT SCALE: 1 ° = 20' ♦ CALCULATED POINT 1 a . u 12450 Network Blvd, - Suite 155 DRAWN BY: BJB I DATE 08/07/2023 D ATA P REV. �� I N T SAntonio, TX 78249 San nn, CHECKED BY: ZM1TW DATE : 08/07/2023 0 Phone: 726-777-4240 SURVEYING & MAPPING SHEET OF Firrn No.10194585 PROJECT # 22-09-2596 TARRRANT COUNTY, TEXAS WILLIAM MCCOWEN SURVEY, ABSTACT NO. 999 CITY PUBLIC SERVICE THE PRESIDIO ADDITION EASEMENT ENCROACHMENT #3 BEING a 0.004 acre tract of land situated in the William McCowen SURVEY, ABSTACT No. 999, Tarrant County, Texas, same being a portion of the tract of land platted as LOT 4115A, Block B, Presidio Addition, a subdivision in Tarrant County, Texas according to the plat thereof as recorded in Document No. D223053577 of the Plat Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a calculated point in said Lot 4115A, said point having a Northing value of 7014646.18 and an Easting value of 2329794.99, same being the Northwest corner of this herein described Easement, from which an "X" cut found for the Northeast corner of said Lot 4115A bears North 49' 36' 53" East, a distance of 76.13 feet for reference; THENCE South 25° 53' 44" East, over and across said Lot 4115A, a distance of 34.34 feet to a point; THENCE South 00° 00' 10" West, continuing over and across said Lot 4R5A, a distance of 11.45 feet to a point; THENCE North 25' 53' 44" West, continuing across said Lot 4115A, a distance of 34.34 feet to a point; THENCE North 00° 00' 10" East, a distance of 11.45 feet to the POINT OF BEGINNING, in all containing 172 Square Feet and/or 0.004 of an acre of land, more or less. Tyler J. Willis, Registered Professional Land Surveyor No. 6877 of the State of Texas, do hereby certify this plat shows the results of an on the ground survey made under my direction. Original signed stamped in red ink. b/,—.Date of Signature: August 7, 2023 'L LIS ' REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6877 FIRM REGISTRATION/LICENSE NO. 10194585 P� o sTEgF� FOR DATAPOINT SURVEYING AND MAPPING y ; Q� Fp•'�N 12450 NETWORK BLVD, SUITE 155 ....%......................:.. SAN ANTONIO, TX. 78249 Q .............................. LER . WILLIS (777) 726-4240 OFFICE ` A,9 6877 '9�O!�ESS��•O (777) 726-4241 FAX SURv i SHEET 2 OF 2 GUTIERRE7 DR Vicinity Map PROJECT LOCATION PRESIDIO VISTA DR m v z n 70 c� m v LOCATION MAP SCALE: N.T.S. r d z 4 v a II i II TRANSFORMER d CURB IIIII , I a GUTTER II II ONCOR f-' i II ELECTRIC VAULT A/C CUT IN 4 I i II CONCRETE -� T i i r 4C�) FOUND IIIII I I I JfJIJ " Easement Encroachment #1 UIGT I I yil/ 4---Easement io z Ericrjoachment .#2 >AN> < a o I p I I I \ D APPR XIMATE z LOCATION OF 3w ' Gv v STORM DR4IN LIB Easement ��,\� I IIIII I I I Encroachment L #3 I \\ \\ I II II I I I ❑ I \\I II II I I � D \ II II a ------� I z --J ❑ I � II I I I LIGHT EASEMENT BEING I II CD l POLE ENCROACHED p co�� I> zI II�II� I I I N w a I II II I I I a I � IIIII I I i IIIII ®_ i�: ° o F__ SLAPPY'S CARWASH NWC TEHAMA RIDGE PKWY. & PRESIDIO VISTA DR. THOMAS HOOVER ENGINEERING, LLC FORT WORTH, TARRANT COUNTY, TX 76177 P.O. BOX 1808 LOT 4R5A, BLOCK B OF THE PRESIDIO ADDITION KELLER, TEXAS 76244 1.864 ACRES 9073 TEHAMA RIDGE PKWY (817) 913-1350 PHONE 81,181 S.F. T.B.P.E. FIRM REGISTRATION NO. 006009 DESIGNED: OR SCALE: 1 "=20- PROJECT NO.: 2022.07 SHEET: DRAWN: OR DATE: 1 0{ 1 CHECKED: TLH 8-21-23 - 7151 I I I 71D 7051 I I I 700 1 I I a95! I 0901 -0+50 Eec—M Ena...h—t 91 SCALE: A V = 20' (V) 1" = 4' 0+00 0+50 1-00 715 710 710 705 705 700 BLS 090 I 1690 815 1+50 -0+50 Eesoment Ena°Rchm°nt 92 SCALE: Al "= 20' M 1" = 4' I r I �rrinra� I I S4 ONE I I I I 0+00 D+150 1+00 1+50 I I I No. fSW10N5/ SVOfISS1�,5 710 705 700 695 690 665 2-0 Eeaement Ena°e°hment93 SCALE IHJ V = 20' M V = 4' `I 9 710i c r • 710 705 I I b ORADE ' !I 1 I' 705 711 D,mof THOMAS HOOVER ENGINEERING, LLC P.O. BOX la0a 695I 695 R, TDlAS 76244 ((ail E. 3-1 R813-1350 PRONE T.a..EGISTRATION N0. 006008 SLAPPY'S CARWASH I bt NRC TERAYA RIDGE PE9'Y. k PRESIDIO VJSTA DR. FORT lroxra. rARRANr COUNTY, rz 76177 690 1 69D LOT 4R5A, BLOCK B OF THE PRESIDIO ADDMON �ITNtY l.a" ACRES En BI'lal S.F. I EASEMENT ENCROACHMENT PLAN 667 -0+50 0+00 D+50 1+00 1+50 685 2+00 o®m OR ra 2021.O1 OIMeN R oac 049® 1OINI 7-d-23 EXHIBIT B Certificate of Insurance Tier II Easement Encroachment Agreement Page 12 of 12 Revised 12/2022 RELIWAS-01 PROSENZWEIG CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) �� 5/3/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # BR-767175 I CONTACT Kathy Roosz, ACSR, CIC Fort Worth, TX -Gus Bates Ins -Hub International Insurance Services PHONE FAX 3221 Collinsworth Street (A/C, No, Ext): (AIC, No):(817) 984-7630 Fort Worth, TX 76107 ( AI DRESS: kathy.roosz@hubinternational.com I INSURER(S) AFFORDING COVERAGE NAIC ff I INSURER A: Northfield Insurance Comnanv 27987 INSURED INSURER B : Presidio Car Wash Properties LLC INSURER C : 111 Boland Street, Suite 202 INSURER D : Fort Worth, TX 76107 I INSURER E : I INSURER F : I COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH 'OLI/'IES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD IMM/DDIYYYY) (MMIDD/YYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,0001 CLAIMS -MADE ® OCCUR WS533057 1/6/2023 1/6/2024 I PREMI ETORENTED 100,0001 PREMISES occurrence) $ MED EXP (Anv one person) $ 5,0001 PERSONAL & ADV INJURY $ 1,000,0001 GEN'L AGGREGATE LIMIT APPLIES PER: I GENERAL AGGREGATE $ 2,000,0001 POLICY F JE� ®LO2,000,000I OTHER: AUTOMOBILE LIABILITY _ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON-0 NED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB OCCUR EXCESS LIAB HCLAIMS-MADE DED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PAR T NER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? N I A (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below $ COMBINED SINGLE LIMIT (Ea accident) S BODILY INJURY (Per person) $ BODILY INJURY f Per accident) 5 PROPERTY DAMAGE (Per accident) $ 5 EACH OCCURRENCE $ AGGREGATE $ _ _ _ _ 1 S STATUTE I EERH E.L. EACH ACCIDENT 5 E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CI of Fort Worth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City ACCORDANCE WITH THE POLICY PROVISIONS. Planning & Development - CFA Office PN23-00045 200 Texas Street AUTHORIZED REPRESENTATIVE Foit Woih, TX 76102 (. I ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD