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Home My WebLink AboutContract 60254Date Received: 10/12/2023 Time Received: 7:39 a.m. Record Number: PN23-00092 City Secretary No.: 60254 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, and Majestic Fort Worth Partners, L.P., a(n) Texas limited partnership ("Licensee"), acting by and through its duly authorized Chief Executive Officer. RECITALS WHEREAS, Licensee is the owner of the real property located at 701 Meacharn Boulevard, Fort Worth, Texas 76106 ("Property"), being more particular described as, being a tract of land situated in the San Antonio & Mexican Gulf Railroad company Survey Abstract No. 1464, City of Fort Worth, Tarrant County, as recorded in Deed Records, by Instrument Number D200039697, in Tarrant County, Texas, and; WHEREAS, the City owns a public drainage, sanitary sewer, and water line (the "Public Property") adjacent to the Property, recorded in the deed records of Tarrant County by instrument number D200039698; 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 private storms lines, headwalls, and riprap in public drainage easement (the "Encroachment"). Upon completion of the Encroachment, Licensee Tier II Easement Encroachment Agreement OFFICIAL RECORD Page 1 of 12 CITY SECRETARY Revised 12/2022 FT. WORTH, TX 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 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 Tier II Easement Encroachment Agreement Page 2 of 12 Revised 12/2022 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 terins of this Agreement. City shall notify Licensee in writing of any such noncompliance and if Licensee does not cure the noncompliance within thirty (30) days of notice from City, the City may terminate this Agreement. However, the City may, at its sole option, allow the Agreement to remain in effect so long as Licensee has taken reasonable measures to cure the noncompliance or is continuing to diligently attempt to remedy the noncompliance. 8. It is further understood and agreed between the parties hereto that the Public Property to be used and encroached upon is held by City as trustee for the public; that City exercises such powers over the Public Property as have been delegated to it by the Constitution of the State of Texas or by the Texas Legislature; and that City cannot contract away its duty and its legislative power to control the Public Property for the use and benefit of the public. It is accordingly agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the Public Property to be used for any other public purpose, including but not being limited to underground, surface, or overhead communication, drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not, that the parties agree to negotiate in good faith in order to accommodate both the Encroachment and the public purpose. Tier II Easement Encroachment Agreement Page 3 of 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 II 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 II Easement Encroaclunent 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 II 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 (Oct 10, 202314:00 CDT) D.J. Harrell, Director of the Development Services Department Date: Oct 10, 2023 ATTEST Jannette Goodall, City Secretary poovvpp b �p�� FORr�oad o PVo o=d as a Ct< 00 l[00 ?o4' Date: Oct 12, 2023 Licensee: Majestic Fort Worth Partners, L.P. a Texas limited partnership By: Majestic Fort Worth G.P., LLC a Texas limited liability company By: Majestic Realty Company a California For -Profit corporation By. f Naive: Edward P. Roski, Jr. Title: Chief Executive Officer Date: �% /'7�j / 7,7 Approved As To Form and Legality Jeremy Anato-Mensah Assistant City Attorney Date: Oct 1012023 <V" 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 (Oct 10, 202311:10 CDT) Rebecca Owen Development Services Date: Oct 10, 2023 Tier II Easement Encroachment Agreement OFFICIAL RECORD Page 8 of 12 CITY SECRETARY Revised 12/2022 FT. WORTH, TX Y i Iq!`.'�!1410ANII11AIJAall U ffilI1UY:ball'aIW II&MIaa 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 loth day of October , 20 23 , o�PRva�e/ KATHLEEN BRADFORD z Notary Public + * STATE OF TEXAS GV P Notary I.D. 12197197 9�OF My Comm. Exp. Apr. 12, 2027 ' 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 Page 9 of 12 Revised 12/2022 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ss: COUNTY OF LOS ANGELES On September 29, 2023 before me, Lune Garcia , Notary Public, personally appeared Edward P. Roski, Jr. , who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official see. IA _ "1 ignature of Notary Public �( Tier II Easement Encroachment Agreement LUPE GARCIA Notary P""' - CalHomla Las Anpates County _ Cam_I:1- 0 2433407 My Comm. Explras Jan 7, 2027 (Seal) 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 THE CITY OF FORT WORTH ENCROACHMENT AGREEMENTS MAJESTIC RAILHEAD BUILDING 2 CPN NO. 104844 00 FORT WORTH MEACHAM AIRPORT SORT WORT PROJECT - z LOCATION — J no cM N MAPSCO NO. TAR-048Q MEACHAM SAGINAW CITY LIMIT Q MIN O!_A w = CUR�WG DERIDDER o 44 �7 T .' ■ SITE LOCATION MAP GRAPHIC SCALE IN FEET 0 500 1000 2000 r 801 CHERRY ST, UNIT 11, SUITE 1300 FORT WORTH, TX 76102 (817) 335-6511 STATE OF TEXAS REGISTRATION NO. F-928 Ki ley)))Horn 4600 T", 1 1 i 111 1� o 701 i "ri�`� *' MFgCnil Legend — All Water Mains Sewer Manholes ->- Gravity Sewer Main 8/2 a /2023 Copyright 2023 City of Fort Worth FORT WORTH N Unauthorized reproduction is a violation r applicable laws. Majestic a j e s 1 I c R a' I h e a d B u I I d I n g 2 This data is to be used for graphical representation only. T` L The accuracy is not to be taken / used as data produced for engineering purposes or by a registered professional land surveyor. Existing Water/Sewer and Storm Drain Lines WATER 0 40 80 The City of Fort Worth assumes no responsibility for the 160 240 320 accuracy of said data. Feet LEGAL DESCRIPTION BEING a 200 square foot (0.0046 acre) tract of land (Tract 1) and a 200 square foot (0.0046 acre) tract of land (Tract 2) situated in the in the S. A. & M. G. Railroad Co. Survey, Abstract No. 1464, City of Fort Worth, Tarrant County, Texas, and being a portion of Lot 3, Block 1, Railhead Fort Worth, Phase IV, an addition to the City of Fort Worth according to the plat recorded in Cabinet A, Slide 5687, Plat Records, Tarrant County, Texas, and being more particularly described as follows: TRACT 1 COMMENCING at a 1/2-inch iron rod found for the southeast corner of said Lot 3, and being in the north right-of-way line of Meacham Boulevard (a variable width right-of-way); THENCE North 14°11'45" East, along the east line of said Lot 3, a distance of 38.23 feet to the POINT OF BEGINNING; THENCE North 75*48'15" West, departing the said east line, a distance of 40.00 feet to a point for corner; THENCE North 14'11'45" East, a distance of 5.00 feet to a point for corner; THENCE South 75°48'15" East, a distance of 40.00 feet to a point for corner in the said east line, from which a 1/2-inch iron rod found for an angle point in the said east line bears North 14'11'45" East, a distance of 283.93 feet; THENCE South 14'11'45" West, along the said east line, a distance of 5.00 feet to the POINT OF BEGINNING and containing 200 square feet or 0.0046 acres of land, more or less. TRACT 2 COMMENCING at a 1/2-inch iron rod found for the southeast corner of said Lot 3, and being in the north right-of-way line of Meacham Boulevard (a variable width right-of-way); THENCE North 14°11'45" East, along the east line of said Lot 3, a distance of 99.69 feet to the POINT OF BEGINNING; THENCE North 75'30'11" West, departing the said east line, a distance of 40.00 feet to a point for corner; THENCE North 14'11'45" East, a distance of 5.00 feet to a point for corner; THENCE South 75'30'11" East, a distance of 40.00 feet to a point for corner in the said east line, from which a 1/2-inch iron rod found for an angle point in the said east line bears North 14'11'45" East, a distance of 222.47 feet; THENCE South 14'11'45" West, along the said east line, a distance of 5.00 feet to the POINT OF BEGINNING and containing 200 square feet or 0.0046 acres of land, more or less. NOTES: Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202). A survey plat of even survey date herewith accompanies this metes and bounds description. The undersigned, Registered Professional Land Surveyor, hereby certifies that foregoing description accurately sets out the metes and bounds of the encroachment tract. ENCROACHMENT AGREEMENT EOF T S. A. & M. G. RAILROAD Co. SURVEY lG`�" t/. �✓�` y"" ��P --Utz ABSTRACT NO. 1464 -JOSHUA D. WARGO CITY OF FORT WORTH REGISTERED PROFESSIONAL ... :....................... :... TARRANT COUNTY, TEXAS LAND SURVEYOR NO. 6391 JOSHUA D. WARGO CHERRY STREET, Kimlev*Horn UNIT 11 SUITE 1300 6391 UN FORT WORTH, TEXAS 76102 ,I•�FC �0 9�v �•'••L S S \ I'c� 801 Cherry Street, Unit 11, # 1300 Tel. No. (817) 335-6511 PH. 817-962-2193 O S U R V ` Fort Worth, Texas 76102 FIRM # 10194040 www.kimley-hom.com josh.wargo@kimley-horn.com Scale Drawn by Checked by Date ProiectNo. Sheet No. N/A CRG JDW 8/17/2023 061282639 1 OF2 GENSHEIMER, RILEY 8/17/2023 9:53 AM \\KIMLEY-HORN\TX_FTW\FTW SURVEY\061282639-MAJESTIC RAILHEAD\D G\MAJESTIC R ILHEAD_EN ROACHMENT. ) WG 1/2" IRF I LINE TABLE NORTH NO. BEARING LENGTH 0 20 40 / L1 N14'11'45"E 38.23' / I L2 N75°48'15"W 40.00' GRAPHIC SCALE IN FEET L3 N14°11'45"E 5.00' TRACT 2 / J z I L4 S75°48'15"E 40.00' 0.0046 ACRES / Q - I I L5 S14'11'45"W 5.00' 200 SQ. FT. J/co ci / Lu 000 I L6 N14'11'45"E 56.47' / Lu I I L7 N14'11'45"E 99.69' LOT 3, BLOCK 1 0 / 00 z RAILHEAD FORT WORTH, —0 I I L8 N75°30'11"W 40.00' PHASE IV / �8 L12 I L9 N14'11'45"E 5.00, CAB. A, SLIDE 5687 / P.O.B. L10 S75°30'11"E 40.00' 40' DRAINAGE EASEMENT / /� TRACT 2 CAB. A, SLIDE 5687 J I L11 N14'11'45"E 222.47' L12 S14°11'45"W 5.00' 60' ENSERCH TRACT A-R (RR SPUR) / DRAINAGE & UTILITY _ _ -CORPORATION EASEMENT Co EASEMENT } z VOL. 13257, PG. 263 J �4 cV Q O (j VOL. 388-121, PG. 31 Y � � d -----------/ L5 I I 0 M TRACT 1 / ED < P.O.B. cco o 0.0046 ACRES �/ TRACT 1 I o Q zco --—___ 200 SQ. FT. w �- _ —�— J U P.O.C. IRF _ 60' RIGHT-OF-WAY EASEMENT M EAC H E M I LEGEND VOL. 7852, PG. 152 BOULEVARD I P.O.C. = POINT OF COMMENCING (VARIABLE WIDTH RIGHT-OF-WAY) P.O.B. = POINT OF BEGINNING ---------------------- IRF =IRON ROD FOUND NOTES: Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202). A metes and bounds description of even survey date herewith accompanies this survey plat. The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey plat accurately sets out the metes and bounds of the encroachment tract. ENCROACHMENT AGREEMENT S. A. & M. G. RAILROAD Co. SURVEY `✓G"y"" STEOy ABSTRACT NO. 1464 /JOSHUA D. WARGO •• • CITY OF FORT WORTH REGISTERED PROFESSIONAL'• • •••.•••••••••••••••••••••••••• TARRANT COUNTY, TEXAS LAND SURVEYOR NO. 6391 JOSHUA D. WARGO CHERRY STREET, Kimlav*Horn UNIT 11 SUITE 1300 6391 UN FORT WORTH, TEXAS 76102 I •AFC �0 9�v O '••L S S •'cam `` 801 Cherry Street, Unit 11, # 1300 Tel. No. (817) 335-6511 PH. 817-962-2193 S U R v ` Fort Worth, Texas 76102 FIRM # 10194040 www.kimley-hom.com josh.wargo@kimley-horn.com Scale Drawn by Checked by Date Project No. I Sheet No. 1"=40' CRG JDW 8/17/2023 0161282639 2OF2 GENSHEIMER, RILEY 8/17/2023 9:53 AM \\KIMLEY-HORN\TX_FT\MFTW SURVEYW61282639-MAJESTIC RAILHEAD\D G\MAJESTIC R ILHEAD_EN ROACHMENT. )WG LOT 2, BLOCK 1 RAILHEAD FORT WORTH, rn7l� PHASE IV IQw i - �� - -- - L\ I I �\ LO� 3, B OCK 1 R�ILHEAD FORT WOF�TH, 8E I AB. , S . 568i 16.9y5 A RES PORTION! R INFR` I P 1 VOL. L. 14229, PG. , II I� { D.R.T. .T. I I PRIVATE �If I I I I I I I I STORM �I (REMAIADER CITY OF FORT W�OR� VOL. 11149, PG. 494 D.R.T.C.T. qR0 1 G _ 40' DRAINAGE EASEMENT CAB. A, SLIDE 5686 ` 'r P.R.T.C.T. PROP. __1 IENCROACHMENT2 PROP. PRIVATE 36" SEWER' W/ W/ SLOPED HEADWALL A�` PROP. ,. ENCROACHMENT1 - - PROP. PRIVATE 36" SEWER W/ SLOPED HEADWALL S � I L-0 MEtCH %M TI iF V DL NORTH GRAPHIC SCALE IN FEET 37.5 75 150 I � I I �I i I ii ROT 3, BLOCK 2 IEIAM 3 WAY CENTER -9 L. 388-132, PG. 1 P.R.T.C.T. I �I I -0-I zi C� - L EXHIBIT A. ENCROACHMENT LIMITS I Kimleyl)Horn 0 3 i 40' DRAINAGE EASEMENT CAB. A, SLIDE 5686 P.R.T.C.T. 0 VATE TER )0, STORM LINE C INSTALL: OPED HEADWALL �R�F. TXDOT DETAIL) t FL 36": 665.22 --------- — — — — — — ----�x6�—` _ _ = Gas - - SAS _ _ STA: 0+26.03, STORM LINE C INSTALL: 1 -45° BEND FL 36": 665.35 FL 36": 665.35 - — — — — — - — — — — — — / NORTH / 0 GRAPHIC SCALE IN FEET 12.5 25 50 /fi STA: 0+54.04, STORM LINE B INSTALL: 1 - 60° BEND /FL 36": 666.09 /FL 36": 666.09 /STA: 0+00, STORM LINE B /INSTALL: 1 - SLOPED HEADWALL (REF. TXDOT DETAIL) FL 36": 666.00 �^ 0 D+pO ---- r�_ PROP. , ` ENCROACHMENT 2 1 ___ - %AS -� PROP. S_.-' `' ENCROACHMENT 1 ss c ss ss I ss 1 EXHIBIT C: PUBLIC STORM ENCROACHMENT PLAN VIEW I Kimley>»Horn n. K\RW—aW\WtWZGN — Nalxtic Halhwd 9d0 Fnaoa .mlt.d.p [SfOH/ QKRaA61NFNT Rt0i11E5] �/ls/zozi c:sbn I Oo Mll—Md.d � dY.d.p m ad.d i t..d.y :6 Utl.d. 6tam.d.p WU.d.y Imoy.� 0) 0) 0) (D cn 0) 4 --4 00 co O (n O CA m z C) — -- 0 r m — FL 36": 665f 22 FL � 36": 665:35 FL 36":II665 35 — FL 36": 665'.55 -- -- - - �II � G) -u 0 i 01 U7 0 m _ n X ;IJ _ _ OFL 36": 666.00 - n � n -- - z c FL 36": 66U9 - — -- j C7 FL 36": 666109 OO - - - r cn 0 0 C() — m 0 STA: 0+00, STORM LINE G INSTALL: 1 - SLOPED HEADWALL - RIM . l-Xu T-NETI W =1 STA: 0+26.03.:>TORM LINE C i1 -456° BEN RIM I . I ---I - — INSTALL: - - - -- STA: 0+66.92, liTORM LINE C m INSTALL: 1 - 10' CURB INLET -_i RIM:670.05 OD 0 Ul 0 00 OD (n 0 ()] m z C) z 0 D n-d C] — rm z - -- STA: 0+00 STJRMTLIE IINSTALL: - SLOPED H-ADWALL _I (REF. TXDOT DETAIL) RIM:670.17 - fli - STA: 0+54.04. ;NORM LINE B INSTALL: 1 :6 BEND .RIM: 72.43 Q o il v m o, M G) 00 00 (n 0 (.n r Z m 00 LEI 00 Cri Z ^m ) m C') D l D m a EXHIBIT B Certificate of Insurance Tier II Easement Encroaclunent Agreement Page 12 of 12 Revised 12/2022