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HomeMy WebLinkAboutContract 52941-CA1Date Received: 3/15/2024 Permit Number: PN23-00076 Time Received: 4:15 p.m. City Secretary Number: 52941-CAl PARTIAL ASSIGNMENT, CONSENT. AND AMENDMENT OF ENCROACHMENT AGREEMENT City Secretary Contract No. 52941 THIS ASSIGNMENT, CONSENT, AND AMENDMENT OF ENCROACHMENT AGREEMENT ("Assignment") is made and entered into as of this day of , 20 , by and between the CITY OF FORT WORTH, a Texas home -rule municipal corporation ("C"), North Presidio, LLC, a Texas limited liability company("Assignor"), and CarMax Auto Superstores, Inc, a Virginia corporation ("Assignee"). City, Assignor, or Assignee may also be referred to individually as a "Party" or collectively as the "Parties" herein. WITNESSETH: WHEREAS, the City entered into an encroachment agreement, City Secretary No. 52941 (the "Encroachment Agreement") on the 1 Ith day of October, 2019, with Assignor, which was at the time the owner of certain real property more particularly described in the attached Legal Description (the "Property") located adjacent to or near the City's right-of-way on which the encroachments are located, which Property is more particularly described on Exhibit A attached to this Assignment. The encroachments are more particularly described in the Encroachment Agreement, attached hereto as "Exhibit B" and incorporated herein by reference for all purposes, and the encroachments are referenced therein and herein as the "Improvements"; WHEREAS, the Encroachment Agreement was recorded the 18th day of October, 2019, as Instrument No. D219238902 in the Real Property Records of Tarrant County, Texas; WHEREAS, the Encroachment Agreement allowed for certain encroachments particularly referenced in the Encroachment Agreement therein as the "Improvements"; WHEREAS, the Assignor has conveyed a portion of its interest in the Property, more properly described in Exhibit "A", to Assignee and, now desires to assign that portion of its interest in the Encroachment Agreement to the extent the Encroachment Agreement covers Exhibit "A", but not with respect to any other property covered by the Encroachment Agreement; WHEREAS, the City approves of such assignment of the Encroachment Agreement; and WHEREAS, in addition to the assignment, the Parties would also like to amend the Encroachment Agreement to include a private storm line encroaching on a public sanitary sewer and water main (the "Additional Encroachment"); and Assignment, Consent, and Amendment to CSC 47435 OFFICIAL RECORD Page 1 of 13 CITY SECRETARY Rev 04/2020 FT. WORTH, TX WHEREAS, it is the mutual desire of City and Licensee, as defined in the Encroachment Agreement, to execute this Assignment and Amendment to the Encroachment Agreement to include the Additional Encroachment described and depicted in Exhibit A-1 to this Assignment. AGREEMENT: NOW, THEREFORE, for and in consideration of the above and foregoing premises and the mutual covenants, terms, and conditions herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1. The effective date of this Assignment shall be the date of its execution by the City (the "Effective Date"). All rights, duties, and obligations under the Encroachment Agreement arising, accruing, or relating to the period before the Effective Date are allocated to Assignor. All rights, duties, and obligations arising, accruing, or relating to the period after the Effective Date (i) pertaining to Exhibit "A" shall be allocated to Assignee, and (ii) pertaining to any property covered by the Encroachment Agreement other than Exhibit "A", shall be allocated to Assignor. For the avoidance of doubt, Assignor shall be responsible for the removal of any City lien imposed on Exhibit "A", arising out of Assignor's failure to perform under the Encroachment Agreement. 2. Assignor hereby assigns, transfers, and conveys all of its rights and interests, and Assignor hereby delegates it duties and obligations under the Encroachment Agreement to Assignee, to the extent the Encroachment Agreement covers Exhibit"A". 3. Assignee hereby accepts the Assignment granted herein, and assumes all of Assignor's rights, duties, and obligations arising under the Encroachment Agreement, to the extent the Encroachment Agreement covers Exhibit "A" following the Effective Date. 4. Assignor has full right, power, and authority to enter into this Assignment, to make the representations set forth herein, and to carry out Assignor's obligations hereunder. Assignee has the full right, power, and authority to enter into this Assignment, to make the representations set forth herein, and to carry out Assignee's obligations hereunder. 5. Except as otherwise expressly set forth in this Assignment, Assignor will be discharged from any and all further obligations under the Encroachment Agreement as to Exhibit "A". Assignee will have no obligations under the Encroachment Agreement except to the extent the Encroachment Agreement covers Exhibit "A". 6. Assignor represents, warrants, and covenants with City and Assignee that as of the Effective Date, Assignor is not in default of any of its obligations contained in the Encroachment Agreement. Assignment, Consent, and Amendment to CSC 47435 Page 2 of 13 Rev 04/2020 7. City hereby consents to this Assignment upon the terms and conditions set forth herein. Unless and until City has executed this Assignment, it is of no effect. The consent granted herein should not be construed as consent to any further assignments. The failure or delay of City in seeking to enforce any provision of the Encroachment Agreement or this Assignment shall not be deemed a waiver of rights or remedies that City may have or a waiver of any subsequent breach of the terms and provisions therein or herein contained. 8. Any notice given by any Party to another Party must be in writing and shall be effective upon receipt when (i) sent by U.S. mail with proper postage, certified mail return receipt requested, or by a nationally recognized overnight delivery service, and (ii) addressed to the other Party at the address set out below or at such other address as the receiving Party designates by proper notice to the sending Party. City Development Services Department 200 Texas Street Fort Worth TX 76102 Attention: Director Assignor North Presidio, LLC 4514 Cole Ave Ste 815 Dallas, TX 75205 Assignee CarMax Auto Superstores. Inc. 12800 Tuckahoe Creek Parkway Richmond. VA 23238 Attn: Vice President of Real Estate. 9. Except as herein otherwise provided, this Assignment will be binding upon and inure to the benefit of the Parties and their respective successors and assigns. 10. Assignee shall cause this Assignment to be filed of record at Assignee's expense in the Real Property Records for Tarrant County, Texas. 11. The Certificate of Insurance for the Assignor attached as Exhibit "B" to the Encroachment Agreement is hereby deleted and replaced with the attached Certificate of Insurance from the Assignee attached to this Assignment as Exhibit C." 12. Section 18 of the Agreement is hereby deleted in its entirety and replaced with the following: Assignment, Consent, and Amendment to CSC 47435 Page 3 of 13 Rev 04/2020 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. 13. All terms and conditions of the Encroachment Agreement not amended herein remain unaffected and in full force and effect, are binding on the Parties, and are hereby ratified by the Parties. Capitalized terms not defined herein shall have meanings assigned to them in the Encroachment Agreement. 14. This Assignment may be executed in multiple counterparts, each of which shall be deemed an original, and all of which, when taken together, shall constitute one and the same document which may be evidenced by one counterpart. [SIGNATURES APPEAR ON FOLLOWING PAGES] Assignment, Consent, and Amendment to CSC 47435 Page 4 of 13 Rev 04/2020 ASSIGNOR: North Presidio, LLC a Texas limited liability company by: ADD Holdings, LP a Texas limited partnership its member by: ADD Development, LLC a Texas limited liability company its general partner By: Name: Artemio De La Vega Title: Manager Date: U z / f way STATE OF 10(0-3 COUNTY OF -bO t a.S This instrument was acknowledged before me by&j io oc to vea#js the rn�e r of Mcr+ 1 Prts � L a Texas non-profit corporation, on behalf of said corporation. Notar Public, Stt of Te XGLS [NOTARIAL SEAL] FNY.Iary APRIL HAGINS ID ssion E 1064 pireCommission Expires April 8, 2025 Assignment, Consent, and Amendment to CSC 47435 Page 5 of 13 Rev 04I2020 ASSIGNEE: CarMax Auto Superstores, Inc. A Virgini corporation By: al U Name: Scott Sawyer Title: Assistant Vice President, Construction & Design Date: ) 71,}�'1..7 STATE OF VIRGINIA COUNTY OF GOOCHLAND This instrument was acknowledged before me by Scott Sawyer, as the Assistant Vice President, Construction & Design, of CarMax Auto Superstores, Inc., a Virginia corporation, on behalf of said i ) corporation. _ Notary Public, State of Virginia [NOTARIAL SEAL] FMELISSA D. HALL 9 NOTARY PUBLIC j GISTRATION #7135931ONWEALTH OF VIRGINIA SSION EXPIRES JANUARY31, 7, Assignment, Consent, and Amendment to CSC 47435 Page 6 of 13 Rev 04/2020 APPROVED AS TO FORM AND LEGALITY: FWBC See. 3210 Jeremy Anato Mensah, Assistant City Attorney City Attorney's Office Date: Mar 15, 2024 4 o van a FORt��Il ATTEST:,p � as ° ° nE4Ogaga Jannette Goodall City Secretary (M&C not Required) Date: M a r 15, 2024 CITY OF FORT WORTH Dalton f fanvll Dalton Harrell (Mar 15, 202412:38 CDT) DJ Harrell, Director Development Services Department Date: M a r 15, 2024 Contract Compliance Specialist: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance 14k.,,t 0 v&d reporting requirements. Rebecca Diane Owen (Mar 15, 202412:37 CDT) Date: Assignment, Consent, and Amendment to CSC 47435 Rebecca Owen Development Manager Mar 15, 2024 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 7 of 13 Rev 04/2020 STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on March 15th 2024 by DJ Harrell, Interim Director, as the Director of the Development Services Department of the City of Fort Worth, a Texas municipal corporation on behalf of the City of Fort Worth. �paY PUB�� kN�ry Public ota * , STATE OF TEXAS Notary I.D. 13323719-2 My Comm. Exp; July 28,025 Assignment, Consent, and Amendment to CSC 47435 Notary Public, State of Texas Page 8 of 13 Rev 04/2020 EXHIBIT A Being a 4.77 acre tract of land out of the WILLIAM McCOWEN SURVEY, ABSTRACT NUMBER 999, situated in the City of Fort Worth, Tarrant County, Texas, being a portion of Lot 8, Block 1 of Citadel at Presidio, a subdivision of record in Document Number D219009096 of the Plat Records of Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING, at an X-cut in concrete set at the intersection of the West right-of-way line of Interstate Highway 3 5 W (right-of-way varies) and the South right-of-way line of Heritage Trace Parkway (right-of-way varies), being the most Easterly Southeast corner of that certain 0.7043 acre right-of-way dedication of record in said Citadel at Presidio, also being the Northeast corner of said Lot 8 and hereof, THENCE, along the West right-of-way line of Interstate Highway 35W, being the common East line of said Lot 8, the following four (4) courses and distances: 1. S00022'40"E, a distance of 19.57 feet to a 1/2 inch iron rod with green plastic cap stamped "EAGLE SURVEYING" set; 2. S45035'06"E, a distance of 141.33 feet to a TXDOT monument found; 3. S06011'18"E, a distance of 100.39 feet to a TXDOT monument found; 4. S 13 ° 14'47"E, a distance of 556.44 feet to a 1/2 inch iron rod with green plastic cap stamped "EAGLE SURVEYING' set for the Southeast corner hereof, from which a TXDOT monument found bears S 13 ° 14'47 "E, a distance of 58.70 feet; THENCE, leaving the West right-of-way line of Interstate Highway 35W3 over and across said Lot 8, the following four (4) courses and distances: 1. S89000'56"W, a distance of 384.60 feet to a 1/2 inch iron rod with green plastic cap stamped "EAGLE SURVEYING' set for the Southeast corner hereof, Assignment, Consent, and Amendment to CSC 47435 Page 9 of 13 Rev 04/2020 2. N00°59'04"W, a distance of 229.35 feet to a 1/2 inch iron rod with green plastic cap stamped "EAGLE SURVEYING" set; 3. N89000'44"E, a distance of 34.64 feet to a 1/2 inch iron rod with green plastic cap stamped "EAGLE SURVEYING" set; 4. N00024'29"W, a distance of 547.82 feet to an X-cut in concrete set in the South right-of-way line of Heritage Trace Parkway, being the common North line of said Lot 8, for the Northwest corner hereof, from which an X-cut in concrete found bears S89°36'01 "W, a distance of 222.97 feet; THENCE, along the South right-of-way line of Heritage Trace Parkway and the common North line of said Lot 8, the following four (4) courses and distances: 1. N89036'01 "E, a distance of 17.39 feet to an X-cut in concrete set; 2. S80042'48"E, a distance of 55.30 feet to an X-cut in concrete set at the point of curvature of a tangent curve to the left; 3. Along said tangent curve to the left, having a radius of 190.18 feet, a chord bearing of S85°33'06"E, a chord length of 32.08 feet, a delta angle of 09°40'35", an arc length of 32.12 feet to an X-cut in concrete set at the point of tangency of said curve; 4. N89036'35"E, a distance of 14.41 feet to the POINT OF BEGINNING and containing an area of 4.77 Acres, or (207,928 Square Feet) of land, more or less. Assignment, Consent, and Amendment to CSC 47435 Page 10 of 13 Rev 04/2020 EXHIBIT A-1 DEPICTION OF ADDITIONAL ENCROACHMENT AREA Assignment, Consent, and Amendment to CSC 47435 Page 11 of 13 Rev 04/2020 ENCROACHMENT EASEMENT William McCowen Survey, Abstract No. 999 City of Fort Worth, Tarrant County, Texas LEGAL DESCRIPTION Being a 0.0143 acre tract of land out of the William McCowen Survey, Abstract No. 999, situated in the City of Fort Worth, Tarrant County, Texas, being a portion of Lot 8R2, Block 1, of Citadel at Presidio, a subdivision of record in Document Number D223092261, of the Plat Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod with green plastic cap stamped "EAGLE SURVEYING" set for an interior corner of Lot 8R5, Block 1, of Citadel at Presidio, a subdivision of record in Document Number D222214738, of the Plat Records of Tarrant County, Texas and for the Southwest corner of said Lot 8R2; THENCE N89°00'56"E, along the North line of said Lot 8R5 and the South common line of said Lot 8R2, a distance of 109.63 feet to a point; THENCE, N00°59'49"W, a distance of 21.42 feet to the POINT OF BEGINNING lying within said Lot 8R2 and for the Southwest corner of the herein described tract; THENCE, N00°59'49"W, a distance of 25.00 feet to a point for the Northwest corner of the herein described tract; THENCE, N89°00'11"E, a distance of 25.00 feet to a point for the Northeast corner of the herein described tract; THENCE, S00°59'49"E, a distance of 25.00 feet to a point for the Southeast corner of the herein described tract; THENCE, S89°00'11 "W, a distance of 25.00 feet to the POINT OF BEGINNING and containing an area 625 square feet or 0.0143 of an acre of land. Bearings are based on GPS observations utilizing the AIITerra RTK Network, North American Datum of 1983 (Adjustment Realization 2011). PAGE 1 OF 2 EAGLE SURVEYING EAGLE SURVEYING, LLC 222 S. ELM STREET SUITE: 200 DENTON, TX 76201 (940) 222-3009 TX FIRM # 10194177 I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a Registered Professional Land Surveyor under the laws of the State of Texas JOB NUMBER I DRAWN BY DATE Gilbert Ybarra l 2102.043-07 CMW 02-21-2024 R.P.L.S. # 6971 O F)�BARRA� W _69710 U_Date ENCROACHMENT EASEMENT William McCowen Survey, Abstract No. 999 City of Fort Worth, Tarrant County, Texas N gURVEY WILLIAMS �CWNo.999 AB i LOT 8R2, BLOCK 1 CITADEL AT PRESIDIO IVARIABLE WIDTH WATER EASEMENT DOC. NO. D223092261P.R.T.C.T. DOC. NO. D222214738 P.R.T.C.T. I r— — — — — — — — — I I I --�-_J ----I N89000'11"E I 1 25.00' - - z cn ---J1� — O N O 1 � O .p O � � M S 8900011" W PQB o 1 25.00' I CIRS N'm I I POC � I I N 89°00'56" E 109.63' 1 11 I LOT 8R5, BLOCK 1 I 1 CITADEL VIEW CITADEL AT PRESIDIO I DRIVE 1 DOC. NO. D222214738 1 I I P.R.T.C.T. II I �I I NOTE: Bearings are based on GPS observations utilizing the AIITerra RTK Network, North American Datum of 1983 (Adjustment Realization 2011). PAGE 2OF2 N EAGLE SURVEYING, LLC \� 222 S. ELM STREET SUITE: 200 EAGLED (940) 2 2- 76201 C (940) 222-3009 SURVEYING TX FIRM # 10194177 ENCROACHMENT EASEMENT 0.0143 ACRE (625 SO. FT.) ' NATER & SANITARY SEWER EASEMENT DOC. NO. D219009096 - P.R.T.C.T. LOT 8R1, BLOCK 1 CITADEL AT PRESIDIO DOC. NO. D222214738 P.R.T.C.T. 30' PUBLIC ACCESS EASEMENT DOC. NO. D222214738 - P.R.T.C.T. JOB NUMBER DRAWN BY I DATE 1"=20' 2102.043-07 CMW 02-21-2024 0 b 20 O BOUNDARY MONUMENT SQ. FT. SQUARE FEET CIRS CAPPED IRON ROD STAMPED "EAGLE SURVEYING" SET POB POINT OF BEGINNING POC POINT OF COMMENCEMENT DOC .NO. DOCUMENTNUMBER P.R.T.C.T. PLAT RECORDS, TARRANT COUNTY. TEXAS FILE PATH: Y:\CenterPoint Engineering\1330 — CarMax (Ft Worth, TX)\Co eapondenee\CPIS\WT\20240305—Encoaehment Comments\CAD.dwg PLOT nME: 3j5j2024 11:14:46 AM BY. Alex Bush F N (n m 2 Am m 1 m n o m m + D �errta iTF.+^G •ill # m m m m ik Q m m — — N M lOi RI:a BLOCK I "OFni PRESIDIO. U.;: O m N o OKLUP w 19 M D CCI I O Z Z 1 (,D — N O J � w � � I" — LOTS eLOCKi CITADEL AT PRES%= DOC. NO. D219009096 P.R.T.C.T. 11 I ( I D 0 0 0-n CD O Z*h D (00 � n 0 M rri Z r� 3a WATER LINE EASEMENT CRY OF FORT WORTH �I I PAGE 2031 1 VOLUME 11657, PAGE R.P.R.O.C.T. R.P.R.D.C.T. I I I I 2a DRAINAGE A UTILRY EASEMENT I CRY OF FORT MATH VOLUME 1E0%, PAGE 156 R,P.R.T.GT. 1 DRAINAGE aUTI (EASEMENT DOC. NO. D211112ei1 R.P.R.O.C.T. I � I I I I 70 T a CTRIC LINE EASEMENT TRICOUENTY ELECTRIC COOPERATIVE. XNC. DOC.NOA211112911 3 ' R.P.R.T.C.T. IOII V 4 INTERSTATE 35-W (NORTH FREEWAY) fAE2�OM vnV a O.w WOMV.OUES m N N 0 �O o � mz A —o O Z to m N A n m m m � r _g O G M o O II O II. S + a1 O �l INTERSTATE 35-W (NORTH FREEWAY) fAE2�OM vnV a O.w WOMV.OUES m N N 0 �O o � mz A —o O Z to m N A n m m m � r _g O G M o O II O II. S + a1 O �l mac^------------ �' FR. ARLA INLET (T YP. -\ PR. 6" SANITARY CON N E'i= TIOh•J TO PR. S.ANIT.ARY KOIANHOLE N 7= PR- COMMUNICATIONS CONNECTICIN TO Ex, �:�01�{I�1Uh,11�.:ATIOC•'J _1 IRRIGATION METER_ � RE: LANDSCAPE PR. 0 PR- t' G ► .�E� WATER METE 44 L -k PR. LIGHT POLE (T tLt + I I PR- FIRE HYC PR. COMMlJNICIATIOr'J-4.,1 1 PR- SAS Ut EX S—S' -- -- ---- -- n 7 I 13 SAN T APPROXIMATE AREA OF ENCROACHMENT I PROJECT # I 1738 i DATE i 1/11/2024 SCALE i SHEET TITLE I � 91 2800 Citadel Springs Drive SHEET # 1 Fort Worth, TX 76177 ou — 20' 0' 20' 40' SCALE: 1"= 20' 0 CENTERPOINT ENGINEERING Civil Design I Land Planning 1626 COLE BLVD I SUITE 1251 LAKEWOOD, CO 180401 Profile View ---- 0 O1 to PROPOSED GRADE d 01 M t} -------- -- - ri to ai - --rn n- _ r- r, 11 - r- II EXIS77NG GFtiD� 10 M II II j --- - 750 a of ad -...� .. / --- N -- - 750 u� 4 3 w cc,ui i z i-- oo;zz0 Xooizz0 ^ tq ��>> Nvla�»> M2a�o�1 I� QLu - --- cn to W z z z_ N t cn r z z z--- _ a m In w C,4 V I H �' Q_---- _._ - -- JT� N r-II O Z o 745 �°i > > V)�? 745 vviE I � � 740 pR GAS 740 EX ELEC� — ST4=1+12.97 ��PIR TELE --- -- S7-A=0+79.00 - 3.0.P ELEV=742.1I— - - ---- STA=1+40.58 B.O.P ELE1--742.33 2. B.O.P ELEV=7482 — — -- -- --- - N — - --- - - - - - - - - - 2. — -- -- - -- - —-------- __--- 18" CONCRETE PIPE @ 1.00%5 29.4.2LF _ j 24" CONCRETE PIPE 0 1.00% EX 8" WATER (PUBLIC) - - - - - - --- - — -- STA=1+!8.75 73'C _ 1 B.O.P ELEV=739.25 730 CONTRACTOR TO VERIFY - - VER 17CAL LOCATION OF EX MVA TER - - - - - _. PRIOR T i CONSTRUC770AI EX SSW (PUBLIC) ! - -- - — STA=1-i-28. 53 725 I ENCROACHMENT TO-P ELEVI 728.46 725 � AREA 4 111.15LF 722 18" CONCRETE PIPE 0i.00% — 722 —0+50 0+00 0+50 1+00 1+50 2-00 2+50, J+00 EXHIBIT B ORIGINAL AGREEMENT WITH ATTACHED EXHIBITS Assignment, Consent, and Amendment to CSC 47435 Page 12 of 13 Rev 04/2020 _ .. _' SECRETARY EGE� L- CONTRACT N0..5oR 9 4 I 5 2p19 w cmcttov,poak a EASEMENT ENCROACHMENT LICENSE AGREEMENT c�ct sEce��� r'' Commercial a 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 Planning and Development Director, and NORTH PRESIDIO LLC, a limited liability company ("Licensee"), owner of the real property located at HERITAGE TRACE PARKWAY and U.S. HIGHWAY I-35W, Fort Worth, Texas 76177 ("Property"), acting by and through its duly authorized Manager. RECITALS WHEREAS, Licensee is the owner of certain real property situated in the City of Fort Worth, Tarrant County, Texas, more particularly described in the attached Legal Description of the Property, attached as "Exhibit C" and incorporated herein for all purposes; and WHEREAS, the City has a water and sanitary sewer easement (the "Easement") in the Property as shown on the map attached to this Agreement as "Exhibit A," which is incorporated herein for all purposes; and WHEREAS, Licensee desires to construct, place, and/or maintain certain improvements which will encroach in, on, above, or below the City's Easement; 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 the 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 Easement as described in and at the location shown on Exhibit A, but only to the extent shown thereon, for the purpose of installing drainage pipes (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within the Easement. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on City's Easement beyond what is specifically described in the exhibit(s) attached hereto. Easement Encroachment Agreement - Commercial Page 1 of 12 Revised 12/2018 2. All construction, maintenance, or operation in connection with such Encroachment, use, and occupancy shall comply and be performed in strict compliance with this Agreement and with the Charter, Ordinances, and Codes of the City, and in accordance with the directions of the Director of the Transportation and Public Works Department or the Director of the Water Department, or their duly authorized representative. Prior to the construction of the Encroachment, Licensee shall submit all plans and specifications to the applicable Director or duly authorized representative. Licensee shall not commence construction of the Encroachment until such approval shall be indicated in writing by the applicable Director or authorized representative. However, such approval shall not relieve Licensee of responsibility and liability for concept, design, and computation in the preparation of such plans and specifications. 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, use, and occupancy, including securing the approval and consent of the appropriate utility companies and agencies of the State 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, Licensee shall pay to the City an additional amount equal to such additional cost as reasonably determined by the Director of Transportation and Public Works or the Director of the Water Department, or their duly authorized representative. 91 Licensee agrees that the City may enter and utilize the referenced areas at any time for the purpose of installing, repairing, replacing, or maintaining improvements to its public facilities or utilities necessary for the health, safety, and welfare of the public, or for any other public purpose. The City shall bear no responsibility or liability for any damage or disruption or other adverse consequences resulting from the Encroachment installed by Licensee, but the City will 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 Easement to a condition acceptable to the Director of Transportation and Public Works or the Director of the Water Department, or their duly authorized representative, in accordance with then - existing City specifications. It is understood and agreed to by Licensee that if this Agreement terminates and Licensee fails to remove the Encroachment as directed and restore the Easement, Licensee hereby gives the City permission to remove the Easement Encroachment Agreement - Commercial Page 2 of 12 Revised 12/2018 Encroachment and any supporting structures and 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 encroachments and uses provided for by this Agreement, Licensee agrees to pay to City at the time this Agreement is requested an application fee of in the sum of Five Hundred Dollars ($500.00). 7. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by the City. However, this Agreement may be terminated upon Licensee's noncompliance with any of the terms of this Agreement. City shall notify Licensee in writing of any noncompliance and if not cured within thirty (30) days, this Agreement shall be deemed terminated, unless such noncompliance is not susceptible to cure within thirty (30) days, in which case this Agreement shall be deemed terminated in the event that Licensee fails to commence and take such reasonable steps as are necessary to remedy the noncompliance within thirty (30) days after written notice specifying the same, or having so commenced, thereafter fails to proceed diligently and with continuity to remedy same. S. It is further understood and agreed between the parties hereto that the Easement to be used and encroached upon is held by City as trustee for the public; that City exercises such powers over the Easement 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 Easement 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 Easement to be used for any other public purpose that does not preclude the use of the Encroachment on the Property, 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 the Encroachment and the public purpose. 9. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY Easement Encroachment Agreement - Commercial Page 3 of 12 Revised 12/2018 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 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 it 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 to submit a similar Certificate of Insurance annually to the City on the anniversary date of the execution of this Agreement. 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 the cleaning and restoration of the Easement. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. Easement Encroachment Agreement - Commercial Page 4 of 12 Revised 12/20I8 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 Tarrant County, Texas. 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 uses. 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 Easement and is not a conveyance of any right, title, or interest in or to the Easement, nor is it meant to convey any right to use or occupy property in which a third -party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. 16. In any action brought by the City for the enforcement of the obligations of the Licensee, the City shall be entitled to recover interest and reasonable attorneys' fees. Easement Encroachment Agreement - Commercial Page 5 of 12 Revised 12/2018 i 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. [SIGNATURES APPEAR ON FOLLOWING PAGE] Easement Encroachment Agreement - Commercial Page 6 of 12 Revised 12/2018 City: CITY OF FORT WOR By: Randle Harwood, Director Planning & D?velgpment j/ Date: to t 1 t ATTEST: Easement Encroachment Agreement - Commercial Licensee: NORTH PRESIDIO LLC By: JLO�u Name: Artemio De La Vega Title: Manager Date: 9150 /-Zo/ I Approved As To Form and Legality Trey ualls Assistant City Attorney Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of thi contr t, incl ing ensuring all performance 77j) end relpging requirements. 11C-) Janie S. Morales Development Manager Page 7 of I2 Revised 12/2018 r�*ia I gwAtnowLljwejII&AIJWa Jury"UJ;ds ilia n« mu-si.IwA" 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 Randle Harwood, 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_L1 day of 20JCJ. No Publictd�d for 2eTt aDt e of Texas ; JENNIFER LOUISE EZERNACK :°•,`Notary Public, State of Texas Comm. Expires 03-01-2020 (a{,N�'Notary ID 130561630 After recording return to: Planning & Development Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 Easement Encroachment Agreement - Commercial Page 8 of 12 Revised 12/2018 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of , on this day personally appeared Artemio De La Vega, Manager 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 North Presidio LLC, a limited liability company, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of SEPTI 20 1� Notary Public .inannd for the bl State of IU-Q �U1Na MILLIE THOMPSON .`'`0 Prei�� o; Wir. Notary Public, State of Texas =r ices 05-03-2023 ,�. M" Comm. E ID 132001769 Notary - Easement Encroachment Agreement - Commercial Page 9 of 12 Revised 12/2018 EXHIBIT A Map of Easement and Encroachment Easement Encroachment Agreement - Commercial Page 10 of 12 Revised 12/2018 0 o 0 Exhibit A LOT l A � K � i ENCROHCHMENT3 ENCROACHMENT4 ENCROACHMENTS ENCROACHMENTS LA 0 GRAPHIC SCALE IN FEET 0 100 200 400 C..1l�Ol1l1 l�tJ��CA1T OL WTI ENC7ROACHMENT7 ' ton 1 LOT 1 Ion II� _ wr I — ' Ion _ LOT 4 -. ILOT T Llit -(Ulm U 0 - 11111-1 l l l l l l l l l l l l l i t i i l -�U I 1 I ,- - I --------------- _.., l_ INTERSTATE HIGHWAY NO.35W SOUTH I Kimley»)Horn �\ z \ L \ - U � ln- Q C9 0 j-munu!oldpoolx 6.P'IaPOPD—slal—;Oldlx 6MP'uiOldpool{x 6»p'laPol!3—sluawaswx 6.p'lopPl!3—a11ss 6.P'laPOi!7—aoo.06oluaµ+ 6.P'PPOL7_L'Inxax 6.P'1aP-I!D—alisxax 6.P I-POPO—A>oPunog. :slate• wo81:01 Dior/n/S IL) 6•p-Iepol o-S-1 J-.-6o MU t PROPOSED GROUND ELEV.- 710AT - PROPOSED WATER LINE^v _ T/P ELEV. - 705.13' EMBED AND BACKFILL WATER - CONNECT TO EXISTING AND CROSSING PIPE WITH CLSM PVC, DUCTILE IRON OR - PROPOSED 48' PER SECTION 33 05 10, MIN. 3' IN CAST IRON PIPE (TYP.) STORM DRAIN OR ALL DIRECTIONS SANITARY SEWER 15' (TYP) F/L ELEV. - 698.54' MJ 45' DUCTILE IRON BEND (TYP) 1.5' MIN. (fYPJ _3-5 (TYP') . ::: �::: ::`.'::. �....•.. �::::.'.: �:: : :: RETAINER �s v`•: i�i:i:: •:�•• i•'� LI•i:�i:.�.i:iia — — GLAND (TYP. — — — -- — -- sh•7FJ_41�:.7�.d4T_6t J;7 1iC•.1��7_LR7G!S.X ��— _ NORTH SOUTH VERTICAL TIE -DOWN -� BLOCKING (TYP.) PER 33 11 00-D132 CONCRETE CRADLE (TYP.) PER 33 11 Db0131 10' (TYP.) - PROPOSED T MIN. :�� ��� WATER LINE TIP ............. (TYP.) ------ ELEV. - 696.54' PROPOSED WATER LINE T/P ELEV. - 705.17 NORTH SOUTH MJ SOLID SLEEVE ON ONE OR BOTH SIDES AS REQUIRED NOTES: �- 7. ALL PIPING AND FITTINGS ASSOCIATED WITH WATER LINE LOWERING SHALL BE SINGLE PIPE SEGMENT, DUCTILE IRON WHEN INSTALLED BELOW A PROPOSED STORM DRAIN. MULTIPLE SEGMENTS ONLY 2. PIPING INSTALLED FOR THE UPWARD OR DOWNWARD BENDS MAY BE PVC WHEN ALLOWED WHERE MULTIPLE CROSSING BELOW SA SEWER LINES. LOWERINGS WOULD BE 3. ALL DUCTILE IRON PIPINGING AN AND FITTINGS SHALL BE POLYETHYLENE ENCASED REQUIRED WITHIN 100 FEET PER SECTION 33 11 10 AND 33 11 11. 4. ALL FITTINGS SHALL BE RESTRAINED WITH RETAINER GLAND. 5. EMBEDMENT OF WATER LINE SHALL BE PER SECTION 33 05 10. 5. WATER LINES CROSSING BENEATH A PROPOSED SANITARY SEWER SHALL BE IN ACCORDANCE WITH TCEQ TITLE 30 TAC CHAPTER 290. ENCROACHMENT 2 I I Kimley»>Horn File: K:\PTW-Ci-il\061295400-Citode4\dwg\DOe-Encracchment ogreement 1-5-Cilodel.dwg (3] 5/24/2018 10:19om %refs: x8oandary-Cllodel.dwg xexsite-Citodel.d.g xexutil-Citadd.dwg xHeritageTrace-C;l.def.d.9 xsila-GIaEN.dwg xotfl-Cilcdel.dwg xeasements-Citadel.dwg xfloodploin.dwg xFPlal-lo(s-Citodel.dwg xfloodplainUltirr J 7 Zf-'�, 36" HDPE 2 — 25' D m my r-LD D 25' WATER AND SANITARY SEWER EASEMENT o ,0 - PROPOSED WATER LINE T/P ELEV.-701.55' - CONNECT TO EXISTING PVC. DUCTILE IRON OR CAST IRON PIPE (TYP.) - X-5' (TYP.) NORTH SOUTH VERTICAL TIE -DOWN BLOCKING (TYP.) PER 3311 OODI32 CONCRETE CRADLE (TYP.) PER 33 11 00-D131 LA PROPOSED GROUND ELEV. - 708.55' EMBED AND BACKFILL WATER AND CROSSING PIPE WITH CLSM PROPOSED 38' PER SECTION 33 05 10, MIN, Y IN STORM DRAIN OR ALL DIRECTIONS SANITARY SEWER IF (TYP' FA_ ELEV.. 700.2Y MJ 45'DUCTILE IRON BEND (TYP.) 1.V MIN. (TYPJ .r..fi.�: is ���:%�ii.�..:.:i s:.:::: e... ..• RETAINER :iiii:::ii::: i. — GLAND (TYP.) — i'� Yf�. tf )fff. rr i7 10' (TYP.) P. ......... .... .. . - PROPOSED .— �����s.YMIN. WATER LINE TIP / .......... <ITYPJ .... ELEV. =898.23' PROPOSED WATER LINE TIP ELEV. = 701.55' NORTH _._.. - SOUTH MJ SOLID SLEEVE ON ONE OR BOTH SIDES AS REQUIRED NOTES: 1. ALL PIPING AND FITTINGS ASSOCIATED WITH WATER LINE LOWERING SHALL BE SINGLE PIPE SEGMENT, DUCTILE IRON WHEN INSTALLED BELOW A PROPOSED STORM DRAIN. MULTIPLE SEGMENTS ONLY 2. PIPING INSTALLED FOR THE UPWARD OR DOWNWARD BENDS MAY BE PVC WHEN ALLOWED WHERE MULTIPLE CROSSING BELOW SANITARY SEWER LINES. LOWERINGS WOULD BE 3. ALL DUCTILE IRON PIPING AND FITTINGS SHALL BE POLYETHYLENE ENCASED REQUIRED WITHIN 100 FEET PER SECTION 33 11 10 AND 33 11 11. 4. ALL FITTINGS SHALL BE RESTRAINED WITH RETAINER GLAND. S. EMBEDMENT OF WATER LINE SHALL BE PER SECTION 33 05 10. 8. WATER LINES CROSSING BENEATH A PROPOSED SANITARY SEWER SHALL BE IN ACCORDANCE WITH TCEO TITLE 30 TAC CHAPTER 290. ENCROACHMENT 3 111 Kimley»>Horn fie: K:\FTW—Ci 1\061295400—Citadel\dw9\00.—Encroachment agreement 1-5—Cilctlef.dwg (4) 5/24/2018 10:20am Xreis: xBoundo y—Cilodel.dwq xexsite—Ciladel.dwq xexulll—Citodel.dwg xHeritcgeTraae—Cit.deLdwg xsile—Cltadel.dwq xulil—Citadel.dwg xeaeements--Citodel.dwg xlloodplain.dwq xFPlot—lots—Citadet.dwq xnaodplainUll;m A� O z 70 0 z .f� N f my -„ z a � m 09 I 30' 30` WATER AND SANITARY SEWER EASEMENT W�D Z °'- D�o= -< C C co U)100 m' DI O s J E a N N 3 ■ y — PROPOSED WATER LINE TIP ELEV=711.70' — CONNECT TO EXISTING PVC, DUCTILE IRON OR CAST IRON PIPE (TYP.) 15' (TYP.) —3'-5' (TYP.) '— � ------ NORTH t V SOUTH G; la (7YPJ 1?;�oxr VERTICAL TIE -DOWN BLOCKING (TYP.) PER sax 3311 OD-D132 _ PROPOSED GROUND ELEV. - 716.70' EMBED AND BACKFILL WATER AND CROSSING PIPE WITH CLSM PROPOSED 3V PER SECTION 33 06 10, MIN. 3' IN STORM DRAIN OR ALL DIRECTIONS SANITARY SEWER F/L ELEV. = 706.66' MJ 45' DUCTILE IRON BEND (TYP.) 1.5' MIN. (TYP.) scat.• .......... . . GLAND (TYP .. ...... _ RETAINER .. _ .) .i e111 fi•i :i'i4Y — � �— � •— _,'�""�'.s :•: ..� — PROPOSED ••••••.•• .•• 7' MIN.•-•••• WATER UNE TIP / iv.i =c • '(TYPELEV. = 7D4.86' PROPOSED WATER LINE TIP ELEV. = 711.717 NORTH ::::] SOUTH MJ SOLID SLEEVE ON ONE OR BOTH SIDES AS REQUIRED CONCRETE CRADLE (TYP.) �e.�. PER 33 11 00•D131 NOTES: 1. ALL PIPING AND FITTINGS ASSOCIATED WITH WATER LINE LOWERING SHALL BE SINGLE PIPE SEGMENT, DUCTILE IRON WHEN INSTALLED BELOW A PROPOSED STORM DRAIN. MULTIPLE SEGMENTS ONLY 2. WHERE ALLOWED WHERE MULTIPLE PIPING INSTALLED FOR THE UPWARD OR DOWNWARD BENDS MAY BE PVC WHEN ALLOWED BE D B CROSSING BELOW SANITARY SEWER LINES. LOWERREQUIRED 3. ALL DUCTILE IRON PIPING AND FITTINGS SHALL BE POLYETHYLENE ENCASED WITHIN FEET PER SECTION 33 1110 AND 33 11 11. 4. ALL FITTINGS SHALL BE RESTRAINED WITH RETAINER GLAND. S. EMBEDMENT OF WATER LINE SHALL BE PER SECTION 33 05 10. 6. WATER LINES CROSSING BENEATH A PROPOSED SANITARY SEWER SHALL BE IN ACCORDANCE WITH TCEQ TITLE 30 TAC CHAPTER 290. ENCROACHMENT 4�IJQmley>»Horn .... me.11s-Ciu d.q fl..dpl.i,d.ofl..=lci�Uu ^ � + * U ! U / ' U U v —6 U = o 18"HDPI U U v K U m, . .� . �(| \V| ! i � | C2 > . —^ > K m,WATER AND SANITARY SEWER EASEMENT � K � 0 / u E NORTH SOUTH - PROPOSED WATER LINE TIP ELEV. = 714.97' - CONNECT TO EXISTING PVC, DUCTILE IRON OR CAST IRON PIPE (TYP.) -3'-S (TYP) PROPOSED GROUND ELEV. - 719.9T EMBED AND BACKFILL WATER AND CROSSING PIPE WITH CLSM PROPOSED 1(" PER SECTION 33 05 10, MIN. 3' IN STORM DRAIN OR ALL DIRECTIONS SANITARY SEWER 16 (1'YP) FA. ELEV. = 711.49' MJ 45' DUCTILE IRON BEND (TYP.) 1.5' MIN. (TYP.) •i�:+:::�::•': " RETAINER .................. ' '. �T �::•ai'a GLAND(TYP.) — k - — ...— � ,SS�!.x.L�V6%��V VF �:�V• �`.:,1:�aC[I47[.L!�fX �txA.i� � — 10' (TYP.) PROPOSED WATER LINE TIP / ++••rr•rr.••Ja (TYPJ �� :F ELEV. = 709.49' PROPOSED WATER LINE TIP ELEV. = 714.9T NORTH SOUTH l �j•J'7717.771.'7777 VERTICAL TIE -DOWN '.i 77777711771.'7I7771717711J7, MJ SOLID SLEEVE ON BLOCKING (TYP.) PER •• 'vi�'i'±iisiiitri�iiii� i' ONE OR BOTH SIRES 3311 00-D132 i T i AS REQUIRED CONCRETE CRADLE (TYP.) PER 33 11 00•DI31 NOTES: 1. ALL PIPING AND FITTINGS ASSOCIATED WITH WATER LINE LOWERING SHALL BE SINGLE PIPE SEGMENT, DUCTILE IRON WHEN INSTALLED BELOW A PROPOSED STORM DRAIN. MULTIPLE SEGMENTS ONLY 2. PIPING INSTALLED FOR THE UPWARD OR DOWNWARD BENDS MAY BE PVC WHEN ALLOWED WHERE MULTIPLE CROSSING BELOW SANITARY SEWER LINES. LOWERINGS WOULD BE 3. ALL DUCTILE IRON PIPING AND FITTINGS SHALL BE POLYETHYLENE ENCASED REQUIRED WITHIN 100 FEET PER SECTION 33 11 10 AND 33 11 11. 4. ALL FITTINGS SHALL BE RESTRAINED WITH RETAINER GLAND. 5. EMBEDMENT OF WATER LINE SHALL BE PER SECTION 33 05 10. 6. WATER LINES CROSSING BENEATH A PROPOSED SANITARY SEWER SHALL BE IN ACCORDANCE WITH TCEQ TITLE 3D TAG CHAPTER 290. ENCR0ACHMENT5 JIIKjmbey»)FjOCtI File: K:\fTW-Civil\061295400-Cilodel\dwg\00e-Endoochmenl ogreement i-5-Cilodel.dwq [6) 5/24/2018 10:21om Xrefs: xBoendory-Ciladeltlwq xeasite-CltadelAwg xexW-Citadel.dwq WeritogeTroce-Citodel.dwq .site-Glcdel.dwq xotil-Citodel.dwq xem—ntt-Citadel.d" xfloodpW,.dwq xMat-lots-Cit.d.l.d.g xnoodpld Wt;rc z 0 0 m W I Q 1 1 I 1 J18" HDP -� r i 30' i 1 30' WATER AND SANITARY SEWER EASEMENT Oil D Z� CR -� - -� Co D ��u Zr cnCO fr C) mml n D m D N W 1 } O 0 cn co H1tION o> D r m z -n m m N a I - PROPOSED WATER LINE TIP ELEV. - 718.23' - CONNECT TO EXISTING PVC, DUCTILE IRON OR CAST IRON PIPE (TYP.) -T-S (TYP. NORTH SOUTH VERTICAL TIE -DOWN a BLOCKING (TYP.) PER 33 11 DO-0132 CONCRETE CRADLE (TYP.) PER 33 11 00-D131 PROPOSED GROUND ELEV. - 723.9T EMBED AND BACKFILL WATER AND CROSSING PIPE WITH CLSM -- PROPOSED 18' PER SECTION 33 05 1D, MIN. 3' IN STORM DRAIN OR ALL DIRECTIONS SANITARY SEWER 15' (TYP.. FA. ELEV. = 713AT MJ 45' DUCTILE IRON BEND (TYP.) 1.5' MIN. (TYP ) RETAINER �.�::.'.:::: �. �:- . ,T • V::::::: v' ::::i:. GLAND (TYP.) IV (TYP.) t.q v+Tr m. — --- — — — — PROPOSED • IN.•�! �'� WATER LINE TIP / :(TYP.) :�:, ELEV.=711.11' PROPOSED WATER LINE TIP ELEV. = 718.11S NORTH SOUTH MJ SOLID SLEEVE ON ONE OR BOTH SIDES AS REQUIRED NOTES: �- 1. ALL PIPING AND FITTINGS ASSOCIATED WITH WATER LINE LOWERING SHALL BE SINGLE PIPE SEGMENT, DUCTILE IRON WHEN INSTALLED BELOW A PROPOSED STORM DRAIN. MULTIPLE SEGMENTS ONLY 2. PIPING INSTALLED FOR THE UPWARD OR DOWNWARD BENDS MAY BE PVC WHEN A D LLOWEWHERE MULTIPLE CROSSING BELOW SANITARY SEWER LINES. OLOWE WOULD 8E 3. ALL DUCTILE IRON PIPING AND FITTINGS SHALL BE POLYETHYLENE ENCASED REQUIRED WITHIN FEET PER SECTION 33 11 10 AND 33 1111. 4. ALL FITTINGS SHALL BE RESTRAINED WITH RETAINER GLAND. 5. EMBEDMENT OF WATER LINE SHALL BE PER SECTION 33 0510. 6. WATER LINES CROSSING BENEATH A PROPOSED SANITARY SEWER SHALL BE IN ACCORDANCE WITH TCEO TITLE 30 TAC CHAPTER 290. ENCROACHMENT 6 I I Kimley»)Horn File: K:\FTV_Gvil\061295400—Citadel\dw9\00.—Encroachment agreement 1-5—Citodal.dwg (7) 5/24/2018 10: 21am %rels: .13—dory—Citodei.dwg .... re..lil—Cltodel.dwg xHeritageTrace—Citadel.dwg .site—Citadel.dwg xutil—Citadel. dwg xeasemeale—Citadel.dwg sfloddolain.dwq xFPlol—lots—Cit.d.l.d.q s800dpiaiWftir m z x O m z Q r � � I i f `I f I I I f I I I 27.5' I I 1 I I 24" HDPEI AL I � I I i I I (— _ — — ` _ 25' WATER AND SANITARY SEWER EASEMENT 1 tol f , z I o? D o� I � c -<c I _ cI� I m s ml� f I m -0 S n Z m ' z m m D PROPOSED GROUND ELEV. - 730,96' PROPOSED WATER UNE T/P ELEV. - 725.96' EMBED AND BACKFILL WATER - CONNECT TO EXISTING AND CROSSING PIPE WITH CLSM PVC, DUCTILE IRON OR - PROPOSED 24" PER SECTION 33 05 10. MIN. 3' IN CAST IRON PIPE (TYP.) STORM DRAIN OR ALL DIRECTIONS SANITARY SEWER IV (TYP.) FA. ELEV. = 724.05' MJ 45' DUCTILE IRON BEND (TYP.) •••..• -3'-5'(TYP.) .•..r::::r'.::i::. •.... ,......... .....r• •.. RETAINER r ``V r•::'•'r:: :::: r'i :: GLANDwi (TYP.) i • - �" �tK — — — :ice �ia7 `t4'� i':a:fdi �ii — — •�i � �'sF7i.Tis�t NORTH ) — — — — �:: •::::r::: ::::' ••tee •ra — — — — —. — — — s SOUTH � — '�� _ _ .— :�::::: C:::::.:t r. •:...•:•...:.•• �: c PROPOSED i! hs. 10'(TYP•) n ......•rrrrit ��� .... Ll � r.•• : •••• _ 3'MIN.•�_.i:i WATER UNE T/P yti �x S •••.•��+...v.e.r Vie. r.• .•v i.;>=a WAR !' _ : �r ' mPJ ELEV. • 722.05, ....• ..... ......... r..: �:::. PROPOSED WATER LINE T/P ELEV, - 725.96' 1 I NORTH nM SOUTH VERTICALTIE-DOWN-� >;�.'" '.'»nnrnnnrnrrrrrrnnrrmrrr»rrr{r»_•',� MJ SOLID SLEEVE ON 7" (TY BLOCKING (TYP.) w ••: •••••,�•••••:' . ♦• • •� . •... •� . •:v `v i'* k� ONE OR BOTH SIDES 33 11 00-D132 ,� AS REQUIRED CONCRETE CRADLE (TYP.) PER 33 11 00.0131 NOTES: 1. ALL PIPING AND FITTINGS ASSOCIATED WITH WATER UNE LOWERING SHALL BE SINGLE PIPE SEGMENT, DUCTILE IRON WHEN INSTALLED BELOW A PROPOSED STORM DRAIN. MULTIPLE SEGMENTS ONLY 2. PIPING INSTALLED FOR THE UPWARD OR DOWNWARD BENDS MAY BE PVC WHEN ALLOWED WHERE MULTIPLE CROSSING BELOW SANITARY SEWER LINES. LOWERINGS WOULD BE 3. ALL DUCTILE IRON PIPING AND FITTINGS SHALL BE POLYETHYLENE ENCASED REQUIRED WITHIN 100 FEET PER SECTION 33 11 10 AND 33 11 11. 4. ALL FITTINGS SHALL BE RESTRAINED WITH RETAINER GLAND. 5. EMBEDMENT OF WATER LINE SHALL BE PER SECTION 33 05 10. 6. WATER LINES CROSSING BENEATH A PROPOSED SANITARY SEWER SHALL BE IN ACCORDANCE WITH TCEQ TITLE 30 TAG CHAPTER 290. ENCROACHMENT 71 I Kimley»>Horn Fl.: K:\FTW—C;Q\C61295400—C;todi\d.9\00e—Enc,.och.-t 091,—t 1-5—Citod.Ld.q (8) 5/24/2018 10;22— Xrefs: xSawndary—Citadef.d,q x&xsits—C;(odddwq xexul(l—CRcdel,dwq xHvilaqeTrcce—C;I.del.d.9 silt—C'A.d.J-dq ..t;]—Cilod.l.d-9 ao..—ts—Cit.del.d.g fl.adpliWtlrr - - - - - - - - - - I 10" PI JBLIC I 9 NORTH SOUTH — PROPOSED WATER LINE TIP ELEV. - 721.13' CONNECT TO EXISTING PVC, DUCTILE IRON OR CAST IRON PIPE (TYP.) I -T-5' (TYP.) PROPOSED GROUND ELEV. -72SAY EMBED AND BACKFILL WATER AND CROSSING PIPE WITH CLSM - PROPOSED 42` PER SECTION 33 05 10. MIN, 3' IN STORM DRAIN OR ALL DIRECTIONS SANITARY SEWER 15' (TYP.: FA. ELEV. = 717.4Y MJ 45' DUCTILE IRON BEND (TYP.)1.5' MIN. (TYP-) .:::: :::::::: :i :i •r.••••••••.• ..• RETAINER •• 6• :e :::�i.`.::: ii. GLAND (TYP. _ _ _ _ _. 74L L7c7_LL,i•1471J4i �——•'•.1L.76'4l1Jl*•ac•1s�7L2UC! _ _ _ _ _ _ � —. \ 1G' (TYP.) •,_ :�� •••• ;;�::,, PROPOSED •rrr•i�� 'q 3' MIN., • ?L WATER LINE TIP / ---------_I_: (n'PJ :'_LCC•. ELEV. = 715.14' PROPOSED WATER LINE TIP ELEV. - 721.13' — —\E- NORTH SOUTH VERTICAL TIE -DOWN -J �ry-'�,. ;; y»mrrnmrn�nrrrrnr�rnrrnrrrrrrrrr-`. y_ MJ SOLID SLEEVE ON BLOCKING (TYP.) PER ONE OR BOTH SIDES 33 11 MD132 AS REQUIRED CONCRETE CRADLE (FYP.) , PER 33 11 00.0131 NOTES: SINGLE PIPE SEGMENT, 1. ALL PIPING AND FITTINGS ASSOCIATED WITH WATER LINE LOWERING SHALL BE MULTIPLE SEGMENTS ONLY DUCTILE IRON WHEN INSTALLED BELOW A PROPOSED STORM DRAIN. ALLOWED WHERE MULTIPLE 2. PIPING INSTALLED FOR THE UPWARD OR DOWNWARD BENDS MAY BE PVC WHEN CROSSING BELOW SANITARY SEWER LINES. LOWERINGS WOULD BE 3. ALL DUCTILE IRON PIPING AND FITTINGS SHALL BE POLYETHYLENE ENCASED REQUIRED WITHIN 100 FEET PER SECTION 33 11 10 AND 3311 11. 4. ALL FITTINGS SHALL BE RESTRAINED WITH RETAINER GLAND. S. EMBEDMENT OF WATER LINE SHALL BE PER SECTION 33 05 10. B. WATER LINES CROSSING BENEATH A PROPOSED SANITARY SEWER SHALL BE IN ACCORDANCE WITH TCEQ TITLE 3D TAC CHAPTER 290. ENCROACHMENT 8 jjjKiMjevl* Horn EXHIBIT C Metes and Bounds Legal Description of the Property Easement Encroachment Agreement - Commercial Page 12 of 12 Revised 12/2018 Exhibit t LEGAL DESCRIPTION EASEMENT ENCROACHMENT -TRACT 2 BEING a 225 square foot (0.0052 acre) tract of land situated in the William McCowen Survey, Abstract No. 999, City of Fort Worth, Tarrant County, Texas; said tract being part of Tract 1 in Special Warranty Deed to North Presidio LLC recorded in Instrument No. D216079375 and Correction Special Warranty Deed to North Presidio LLC recorded in Instrument No. D216177083, both of the Official Public Records of Tarrant County, Texas; said tract being more particularly described as follows: COMMENCING at a "X" cut found in the west right-of-way line of North Freeway (a variable width right-of-way); THENCE North 00e31'25" West, along the west right-of-way line of said North Freeway, a distance of 486.97 feet to a 5/8" iron rod found; THENCE North 00e36'02" West, along the west right-of-way line of said North Freeway, a distance of 407.91 feet to a point; THENCE North 89`23'58" East, departing the west right-of-way line of said North Freeway, a distance of 630.66 feet to the POINT OF BEGINNING; THENCE South 58045'35" West, a distance of 15.00 feet to a point for corner; THENCE North 31 e14'25" West, a distance of 15.00 feet to a point for corner; THENCE North 58045'35" East, a distance of 15.00 feet to a point for corner; THENCE South 31°14'25" East, a distance of 15.00 feet to the POINT OF BEGINNING and containing 225 square feet or 0.0052 acres of land, more or less. EASEMENT ENCROACHMENT PART OF THE WILLIAM MCCOWEN SURVEY, ABST. NO. 999 Kirnlev*Horn 801 Cherry Street, Unit 11, 0 1300 7 Tel. No. (817) 335-6511 Fort Worth, Texas 76102 FIRM 0 10194040 w _Irimley-hom.corn Stele I Drawn C Checked by ale Proiea No. Sh et No. _Y � WA CDP MCS 08/30/2018 061295409 2 OF 28 'ADILLA, CAELAN OaO12018 249 PM KAFTW SURVEY1061295409-CITAOEL HERITAGE TRACEIDWGIENAOACHMENTS 1295409-CITADEL ENC OACHMENT .DWG LEGAL DESCRIPTION EASEMENT ENCROACHMENT - TRACT 3 BEING a 625 square foot (0.0143 acre) tract of land situated in the William McCowen Survey, Abstract No. 999, City of Fort Worth, Tarrant County, Texas; said tract being part of Tract 1 in Special Warranty Deed to North Presidio LLC recorded in Instrument No. D216079375 and Correction Special Warranty Deed to North Presidio LLC recorded in Instrument No. D216177083, both of the Official Public Records of Tarrant County, Texas; said tract being more particularly described as follows: COMMENCING at a "X" cut found in the west right-of-way line of North Freeway (a variable width right-of-way); THENCE North 00a31'25" West, along the west right-of-way line of said North Freeway, a distance of 486.97 feet to a 5/8" iron rod found; THENCE North 00°36'02" West, along the west right-of-way line of said North Freeway, a distance of 400.03 feet to a point; THENCE North 89°23'58" East, departing the west right-of-way line of said North Freeway, a distance of 295.23 feet to the POINT OF BEGINNING; THENCE South 89*00'11" West, a distance of 25.00 feet to a point for corner; THENCE North 0°59'49" West, a distance of 25.00 feet to a point for corner; THENCE North 89'00'11" East, a distance of 25.00 feet to a point for corner; THENCE South 0059'49" East, a distance of 25.00 feet to the POINT OF BEGINNING and containing 625 square feet or 0.0143 acres of land, more or less. EASEMENT ENCROACHMENT PART OF THE WILLIAM MCCOWEN SURVEY, ABST. NO. 999 Kimley*Horn 801 Chaffy Street, Unit 11. 0 130Tel- No. (817) 335-6511 Fort Worth, Texas 76102 FIRM 910194040 www.klmlay-honr.cwm tale I Drawn by I Checked by ate Proieq No. Sheet No. NIA COP MCB 081300018 061295409 30F28 DADILLA, CAELAN E/302018 2:38 PM K\FTW SURVEYW61295409-CTADEL HERITAGE TRACE%DWG1ENGROACHMENTSW81295409-CITADEL ENC OACHMENT .DWG LEGAL DESCRIPTION EASEMENT ENCROACHMENT - TRACT 4 BEING a 960 square foot (0.0220 acre) tract of land situated in the William McCowen Survey, Abstract No. 999, City of Fort Worth, Tarrant County, Texas; said tract being part of Tract 1 in Special Warranty Deed to North Presidio LLC recorded in Instrument No. D216079375 and Correction Special Warranty Deed to North Presidio LLC recorded in Instrument No. D216177083, both of the Official Public Records of Tarrant County, Texas; said tract being more particularly described as follows: COMMENCING at a aluminum disk stamped "TXDOT' found in the west right-of-way line of North Freeway (a variable width right-of-way); THENCE North 00°34'50" West, along the west right-of-way line of said North Freeway, a distance of 197.81 feet to a "X" cut found; THENCE North 00031'25" West, along the west right-of-way line of said North Freeway, a distance of 252.45 feet to a point; THENCE North 89°28'35" East, departing the west right-of-way line of said North Freeway, a distance of 297.44 feet to the POINT OF BEGINNING; THENCE South 89°00'11" West, a distance of 30.00 feet to a point for corner; THENCE North 0°59'49" West, a distance of 32.00 feet to a point for comer; THENCE North 89*00'11" East, a distance of 30,00 feet to a point for comer, THENCE South 0e59'49" East, a distance of 32.00 feet to the POINT OF BEGINNING and containing 960 square feet or 0.0220 acres of land, more or less. EASEMENT ENCROACHMENT PART OF THE WILLIAM MCCOWEN SURVEY, ABST. NO. 999 Kimle *Horn 801 Cherry Street, Unit 11. d 1300� Tel. No. (817) 335-6511 Fort Worth, Te:as 76102 FIRM K 10194040 vi Airnley-horn-corn Sole Dravm by Dale Proiect No. Sheet No. N!A CDP MC8 08I30l2018 061295409 4 OF 28 PAOILLA, CAELAN 813CR018 2:35 PM K TTW SURVEY1061295409-CITADEL HERITAGE TRACE10WG1ENCADACHMENT �061295409-[Che�edby TADEL ENd OACHMENT .OWG ' LEGAL DESCRIPTION EASEMENT ENCROACHMENT - TRACT 5 BEING a 900 square foot (0.0207 acre) tract of land situated in the William McCowen Survey, Abstract No. 999, City of Fort Worth, Tarrant County, Texas; said tract being part of Tracts 1 & 3 in Special Warranty Deed to North Presidio LLC recorded in Instrument No. D216079375 and Correction Special Warranty Deed to North Presidio LLC recorded in Instrument No. D216177083, both of the Official Public Records of Tarrant County, Texas; said tract being more particularly described as follows: COMMENCING at a aluminum disk stamped "TXDOT' found in the west right-of-way line of North Freeway (a variable width right-of-way); THENCE North 00034'50" West, along the west right-of-way line of said North Freeway, a distance of 197.81 feet to a "X" cut found; THENCE North 00°31'25" West, along the west right-of-way line of said North Freeway, a distance of 52.36 feet to a point; THENCE North 89028'35" East, departing the west right-of-way line of said North Freeway, a distance of 299.09 feet to the POINT OF BEGINNING; THENCE South 89000'11" West, a distance of 30.00 feet to a point for corner; THENCE North 0°59'49" West, a distance of 30.00 feet to a point for corner; THENCE North 89'00'11" East, a distance of 30.00 feet to a point for corner; THENCE South 0059'49" East, a distance of 30.00 feet to the POINT OF BEGINNING and containing 900 square feet or 0.0207 acres- of land, more or less. EASEMENT ENCROACHMENT PART OF THE WILLIAM MCCOWEN SURVEY, ABST. NO. 999 Kimlewy* Horn 801 Cherry Street, Unit 11, X 1300Tel. No. (817) 335-6511 Fort Worth, Texas 76102 FIRM X 10194040 w _kimley-hom.rsm Scale I Ora" by I Checked by I Do'. I Proiect No. I Sheet No. ♦ N/A COP MC8 08I30f2018 061295409 5 OF 28 PADILLA, CAELAN 8/30/2018 2:34 PM K:IFTW SURVEY(081295409•CITADEL HERITAGE TRACE\DMIENCRbACHMENTS1081295409. CITADEL ENCR I-IMENT 5.DWT3 LEGAL DESCRIPTION EASEMENT ENCROACHMENT - TRACT 6 BEING a 900 square foot (0.0207acre) tract of land situated in the William McCowen Survey, Abstract No. 999, City of Fort Worth, Tarrant County, Texas; said tract being part of Tract 3 in Special Warranty Deed to North Presidio LLC recorded in Instrument No. D216079375 and Correction Special Warranty Deed to North Presidio LLC recorded in Instrument No. D216177083, both of the Official Public Records of Tarrant County, Texas; said tract being more particularly described as follows: COMMENCING at a "X" cut found in the west right-of-way line of North Freeway (a variable width right-of-way); THENCE North 00°34'50" West, along the west right-of-way line of said North Freeway, a distance of 197.81 feet to a aluminum disk stamped "TXDOT" found; THENCE North 03'54'39" West, along the west right-of-way line of said North Freeway, a distance of 8.65 feet to a point; THENCE South 86'05'21" West, departing the west right-of-way line of said North Freeway, a distance of 300.90 feet to the POINT OF BEGINNING; THENCE South 89*00'11" West, a distance of 30.00 feet to a point for corner; THENCE North 0'59'49" West, a distance of 30.00 feet to a point for comer; THENCE North 89'00'11" East, a distance of 30.00 feet to a point for corner; THENCE South 0'59'49" East, a distance of 30.00 feet to the POINT OF BEGINNING and containing 900 square feet or 0.0207 acres of land, more or less. EASEMENT ENCROACHMENT PART OF THE WILLIAM MCCOWEN SURVEY, ABST. NO. 999 Kim lep)) HornWItr1.6511 Fort Worth, Texas 76102 FIRM 0 10194040 ww .kimlsy-honn.00m Sole Drawn b Checked Date Proied No. Sheet No. N1A I CDP v MCB 0&30f2016 061295909 6OF28 .ADILLA, CAELAN 6130/2018 2:33 PM KAFTW_SURVEY\061295409•CITADEL HERITAGE TRACEIDWGIENChOACHMENTS1061295409. �ITADEL ENc0 ACHMENT .0M LEGAL DESCRIPTION EASEMENT ENCROACHMENT - TRACT 7 BEING a 757 square foot (0.0174 acre) tract of land situated in the William McCowen Survey, Abstract No. 999, City of Fort Worth, Tarrant County, Texas; said tract being part of Tract 1 in Special•Warranty Deed to North Presidio LLC recorded in Instrument No. D216079375 and Correction Special Warranty Deed to North Presidio LLC recorded in Instrument No. D216177083, both of the Official Public Records of Tarrant County, Texas; said tract being more particularly described as follows: COMMENCING at a aluminum disk stamped "TXDOT" found in the west right-of-way line of North Freeway (a variable width right-of-way); THENCE South 06e05'52" East, along the west right-of-way line of said North Freeway, a distance of 59.05 feet to a 1/2" capped iron rod found; THENCE South 06e1620" East, along the west right-of-way line of said North Freeway, a distance of 116.83 feet to a point; THENCE South 83°44'40" West, departing the west right-of-way line of said North Freeway, a distance of 280.18 feet to the POINT OF BEGINNING; THENCE South 89'00'11" West, a distance of 25.00 feet to a point for comer; THENCE North 0°59'49" West, a distance of 30.00 feet to a point for corner; THENCE North 89'00'11" East, a distance of 27.50 feet to a point for corner; THENCE South 0°59'49" East, a distance of 2.88 feet to a point for corner; THENCE South 89*00'11" West, a distance of 2.50 feet to a point for corner; THENCE South 0°59'49" East, a distance of 27.12 feet to the POINT OF BEGINNING and containing 757 square feet or 0.0174 acres of land, more or less. EASEMENT ENCROACHMENT PART OF THE WILLIAM MCCOWEN SURVEY, ABST. NO. 999 Kimle * Horn 801 Cherry Street, Unit 11, / 1300TeL No. (817) 335-6511 Fort Worth, Texas 76102 FIRM 11110194040 w ,kimiey-hom.com S-11 Drawn hacked b Data Protect No. Sheet No. NIA CDP MCB 08I3012078 061295409 70F28 .�ADILLA, CAELAN 8130I2018 2:31 PM K:IFTW SURVEYI061295409-CITADEL HERITAGE TRACEIDWGIENCROACHMENTS1061295409-CITADEL ENC OACHMENT .DVVG LEGAL DESCRIPTION EASEMENT ENCROACHMENT- TRACT 8 BEING a 225 square foot (0.0052 acre) tract of land situated in the William McCowen Survey, Abstract No. 999, City of Fort Worth, Tarrant County, Texas; said tract being part of Tract 1 in Special Warranty Deed to North Presidio LLC recorded in Instrument No. D216079375 and Correction Special Warranty Deed to North Presidio LLC recorded in Instrument No. D216177083, both of the Official Public Records of Tarrant County, Texas; said tract being more particularly described as follows: COMMENCING at a aluminum disk stamped "TXDOT' found in the west right-of-way line of North Freeway (a variable width right-of-way); THENCE South 06*11'59" East, along the west right-of-way line of said North Freeway, a distance of 100.39 feet to a aluminum disk stamped "TXDOT" found; THENCE South 13`15'28" East, along the west right-of-way line of said North Freeway, a distance of 539.07 feet to a point; THENCE South 79'33'54" West, departing the west right-of-way line of said North Freeway, a distance of 687.38 feet to the POINT OF BEGINNING; THENCE South 89'00'11" West, a distance of 15.00 feet to a point for corner; THENCE North 0e59'49" West, a distance of 15.00 feet to a point for comer; THENCE North 89*00'11" East, a distance of 15.00 feet to a point for corner; THENCE South 0059'49" East, a distance of 15.00 feet to the POINT OF BEGINNING and containing 225 square feet or 0.0052 acres of land, more or less. EASEMENT ENCROACHMENT PART OF THE WILLIAM MCCOWEN SURVEY, ABST. NO. 999 Kimley*Horn W1 Cherry Street, Unit 11, * IWO Tel. No. (817) 335-6511 Fort Worth, Texas 76102 FIRM 9 10194040 wWWAirway-hom.com Scale I] Dravm Checked by Data Protect No, Sheet No. PADILLA, CAELAN 8/30/2018 2:30 PM K:1FTW SURVEY1061295409•CITADEL HERITAGE TRACE1DWG\ENCROACHMENT A061295409- I ITADEL ENIACHMENT �, DWGQ5409 8 OF 26 EXHIBIT C, REVISED CERTIFICATE OF INSURANCE Assignment, Consent, and Amendment to CSC 47435 Page 13 of 13 Rev 04/2020 A� CERTIFICATE OF LIABILITY INSURANCE DAT (MM/DDNYYY) 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 CONTACT NAME: CandlJOyner Beecher Carlson Insurance Services I PHONE FAX Part of Brown & Brown Inc. 1 t&'o.E,11: (A/C.No): 6 Concourse Parkway, Suite 2300 ADDRESS: candi.iovner0bbrown.com Atlanta, GA 30328 INSURER(S) AFFORDING COVERAGE NAIC# www.bbinsurance.com INSURER A: Travelers Property Casualty Co. of America 25674 INSURED INSURER B : Cal -Max Auto Superstores, Inc. dba: CarMax INSURERC: Attn: Risk Management INSURERD: 12800 Tuckahoe Creek Parkway Richmond VA 23238 INSURERE: INSURER F : COVERAGES CERTIFICATE NUMBER: 75033453 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 POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INFD WVD POLICY NUMBER (MM/DDIYYYY) IMM/DDIYYYYf I LIMITS A / COMMERCIAL GENERAL LIABILITY TC2JGLSA-121D1249-TIL-22 - 9/1/2022 9/1/2024 I EACH OCCURRENCE $1,000,000 CLAIMS -MADE ❑✓ OCCUR I DAMAGE TO RENTED PREMISES (Ea occurrence) $1.000.000 G��EjjN'L AGGREGATE LIMIT APPLIES PER: POLICY n JECT LOC OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLALIAB OCCUR EXCESS LIAB HCLAIMS-MADE I DED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTN E R/EXEC UTIV E OFFICER/MEMBEREXCLUDED? a N/A (Mandatory in NH) It yes, describe under DESCRIPTION OF OPERATIONS below MED EXP (Any one person) $2,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $1,000,000 PRODUCTS - COMP/OP AGG $1.000,000 $ COMBINED SINGLE LIMIT $ (Ea accident) BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ (Per accident) $ EACH OCCURRENCE AGGREGATE STATUTE I I ERH I E.L. EACH ACCIDENT $ 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) Fort Worth Fort Worth TX 76102 ID:6174 CERTIFICATE HOLDER CANCELLATION Clty of Fort Worth SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE F THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CPA Office - PN23-00076 ACCORDANCE WITH THE POLICY PROVISIONS. 20 Texas St. n Fort Worth TX 76102 AUTHORIZED REPRESENTATIVE Joeec&A fan&an 7(WUUrrWe Sex MOM, .i & Beecher Carlson Insurance Services, LLC ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 75033453 ( *MAIN* Sept 22-23 GL WC XS-$10/Auto Dealers I Candi Joyner 1 6/27/2023 12:55:59 PM (EST) I Page 1 of 1 This certificate cancels and supersedes ALL previously issued certificates.