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HomeMy WebLinkAboutContract 61435Date Received: 05/20/24 Record Number PN24-00001 Time Received: 11: 00 a.m. City Secretary No.: 61435 PUBLIC PROPERTY RIGHT-OF-WAY ENCROACHMENT LICENSE AGREEMENT TIER II THIS AGREEMENT is made and entered into by and between THE CITY OF FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"), acting by and through its duly authorized City Manager, Assistant City Manager, or Director of the Development Services Department, and Trinity River Authority of Texas, a conservation and reclamation district created by and functioning under Chapter 518, Acts of the 54th Legislature of the State of Texas, Regular Session, 1955, as amended, ("Authority"), acting by and through its duly authorized General Manager. RECITALS WHEREAS, Authority is the owner of two easements recorded as Instrument Nos. D189067768 and D189067688, in the Deed Records of Tarrant County , Texas ("TRA Easement"), and; WHEREAS, the City owns a right-of-way (the "Public Property") recorded in the Deed records of Denton County, as Deed number D223133281 in which the TRA Easement intersects; and WHEREAS, Authority 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 Authority, the City will allow the encroachment under the terms and conditions as set forth in this Agreement. NOW, THEREFORE, the City and Authority agree as follows: AGREEMENT 1. The City, in consideration of the payment by Authority of the fee set out below and covenants and agreements hereinafter contained to be kept and performed by Authority, hereby grants permission to Authority to encroach in, on, above, or below and occupy a portion of the City's Public Property as described in and at the location shown on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing, installing, and maintaining a sewer easement (the "Encroachment"). Upon completion of the Encroachment, Authority agrees to be responsible for maintaining the Encroachment within the Public Property. Authority shall not expand or otherwise cause Tier II ROW Encroachment Agreement Page 1 of 11 Revised 12/2022 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 to the extent there is not a conflict with the Authority's construction, installation, maintenance and operation, the Authority will comply with the applicable charter provisions, ordinances, codes, and policies of the City. Prior to the construction or installation of the Encroachment, Authority shall submit all plans and specifications to the Director of the Development Services Department or duly authorized representative. Authority 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. Authority, at no expense to the City, shall make reasonable accommodation 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, the Authority shall pay those additional costs incurred by the City, with such amount to be determined through mutual agreement between the parties, which includes the Director of Transportation and Public Works, the Director of the Water Department, the Director of Development Services Department, or their duly authorized representative, as well as the Authority. 4. Authority 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, Authority 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 ROW Encroachment Agreement Page 2 of 11 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 the Authority that if this Agreement terminates and the Authority fails to remove the Encroachment and restore the Public Property, Authority 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. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by City. 7. It is understood that the Authority has a statutory right of way in other public and city rights of way, without the necessity for any kind of easement pursuant to Section 49.220 of the Water Code, however, the Authority agrees to the terms and conditions in this Agreement, provided they are not in conflict with the powers granted to the Authority by the State of Texas. 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 sewage, 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. 8. AUTHORITY COVENANTS AND AGREES TO HOLD HARMLESS AND RELEASE 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, Tier II ROW Encroachment Agreement Page 3of11 Revised 12/2022 WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, AUTHORITYS, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND AUTHORITY HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. AUTHORITY SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE AUTHORITY'S ENCROACHMENT AND ANY AND ALL ACTS OR OMISSIONS OF AUTHORITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, AUTHORITY'S, OR INVITEES. 9. While this Agreement is in effect, Authority agrees to furnish City with a Certificate of Insurance naming City as certificate holder as proof that is has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and described in Exhibit "C." The amounts of such insurance shall be not less than: $1,000,000 with the understanding and agreement by Authority that such insurance amounts may be revised upward at City's option and that Authority shall so revise such amounts immediately following notice to Authority 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. Authority 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 Authority's contractors and subcontractors. 10. Authority 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. 11. Authority agrees to comply fully with all applicable federal, state, and local laws, and statutes in connection with the construction, operation, and maintenance of the Encroachment and use of the Public Property. Tier II ROW Encroachment Agreement Page 4 of 11 Revised 12/2022 12. Authority 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. 13. Authority 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 Authority 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, Authority, and invitees. The doctrine of respondeat superior shall not apply as between City and Authority, its officers, agents, servants, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Authority. 14. Authority agrees and acknowledges that this Agreement is solely for the purpose of permitting Authority 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. Authority agrees that it will obtain all necessary permissions before occupying such property. 15. In any action brought by the City for the enforcement of the obligations of the Authority, City shall be entitled to recover interest and reasonable attorneys' fees. 16. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. 17. Authority 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 Tier II ROW Encroachment Agreement Page 5of11 Revised 12/2022 any attempted assignment without such written approval shall be void. In the event Authority conveys the Property, Authority may assign all of its rights and obligations under this Agreement to the new owner of the Property, and Authority 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 Authority or assignment to a secured lender by Authority 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 Authority's rights and obligations hereunder. However, no change of ownership due to foreclosure or assignment to any secured lender of Authority shall be effective as to City unless and until written notice of such foreclosure or assignment is provided to City. 18. 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. 19. This Agreement shall be binding upon the parties hereto and their successors and assigns. 20. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument [SIGNATURES APPEAR ON FOLLOWING PAGE] Tier II ROW Encroachment Agreement Page 6 of 11 Revised 12/2022 City: CITY OF FORT WORTH By: Dalton Harre11. 1ay20, 202408:21 CDT) D.J. Harrell, Director of the Development Services Department General Manager Date: May 20, 2024 ATTEST: Authority: TRINITY RIVER AUTHORITY OF TEXAS a Texas conservation and reclamation district me. J. Kevin Ward Title: General Manager Date: / 7/2 e r Approved As To Form and Legality ags Jannette Goodall, Jeremy Anato Mensah City Secretary Assitant City Attorney Date: May 20, 2024 Date: May 17, 2024 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Rebecca Diane Owen (May 18, 2024 17:32 CDT) Date: Tier II ROW Encroachment Agreement Rebecca Owen Development Services May 18, 2024 Page 7 of 11 Revised 12/2022 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ***THIS PAGE FOR CITY OF FORT WORTH OFFICE USE ONLY*** 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 20th day of May 20 24 Wendy &IDE= (May 70, 2024 08:28 CDT) 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 1I ROW Encroachment Agreement ,o,skYi. WENDY L BEARDSLEE Notary Public STATE OF TEXAS .D. 13323719-3 9�P My Comm. ary lExp. July 28, 2025 Page 8 of 11 Revised 12/2022 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of T.e )a s , on this day personally appeared Kevin Ward, General Manager, Engineering Services 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 Trinity River Authority of Texas, a Texas government corporation, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this / 7 -day of , 2024. Notary Public in and for the State of % -e Ka 5 Tier II ROW Encroachment Agreement ,►� NANCY WHITLOCK NOTARY PUBLIC. STATE OF TEXAS MY COMM. EXP 03/29/2025 oaf 10' NOTARY ID 13106533-6 Page 9 of 11 Revised 12/2022 EXHIBIT A Depiction and description of the Encroachment Tier II ROW Encroachment Agreement Page 10 of 11 Revised 12/2022 Exhibit A - Vicinity Map 25HC-3 HENRIETTA CREEK INTERCEPTOR LOCATION Old Denton Road Encroachment Permit LOCATION MAP SCALE: NTS EXHIBIT "A" TRINITY RIVER AUTHORITY OF TEXAS DENTON CREEK REGIONAL WASTEWATER SYSTEM HENRIETTA CREEK INTERCEPTOR SEGMENT 25HC-3 OLD DENTON ROAD PERMIT AREA 15' WIDE ENCROACHMENT PERMIT AREA IRANEUS NEACE SURVEY, ABSTRACT NO. 1160 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS BEING a 0.0093 acre tract of land located in the Iraneus Neace Survey, Abstract No. 1160, City of Fort Worth, Tarrant County, Texas, said 0.0093 acre tract of land being a portion of Old Denton Road (being a variable width public right-of-way at this point), said 0.0093 acre tract of land being a Encroachment Permit Area, and being more particularly described by metes and bounds as follows: BEGINNING at a point on the west right-of-way line of the said Old Denton Road, same being an east property line of a called 207.20 acre tract of land conveyed to AIL Investments, L.P., by deed thereof filed for record in Tarrant County Clerk's Instrument No. D200088060, Official Public Records, Tarrant County, Texas (O.P.R.T.C.T.), from said beginning point, a 1/2 inch iron rod found (Controlling Monument) at the northeast property corner of the said 207.20 acre tract bears North 00°00'08" East, a distance of 2,132.77 feet, said beginning point also having a NAD83 Texas North Central Zone (4202) grid coordinate of N: 7,040,073.04 and E: 2,337,151.27; THENCE North 89°49'03" East, departing the property line, over and across said Old Denton Road, a distance of 26.90 feet to a west property line of a called 77.546 acre tract of land conveyed to Cinnamon Creek Ranch, LLC, by deed thereof filed for record in Tarrant County Clerk's Instrument No. D210199521, O.P.R.T.C.T.; THENCE South 00°12'17" East, along the said west property line, a distance of 10.00 feet to a PK nail found (Controlling Monument) at a southwest property corner of the said 77.546 acre tract, same being a northwest property corner of a called 41.19 acre tract of land conveyed to Blackbeard Resources Royalty, LLC, by deed thereof filed for record in Tarrant County Clerk's Instrument No. D221035863, O.P.R.T.C.T.; THENCE South 00°12'22" West, along the west property line of the said 41.19 acre tract, a distance of 5.00 feet; THENCE South 89°49'03" West, departing the said property line, over and across said Old Denton Road, a distance of 26.91 feet to the aforesaid west property line of the 207.20 acre tract; THENCE North 00°00'08" East, along the said property line, a distance of 15.00 feet to the POINT OF BEGINNING. The hereinabove described tract of land contains a computed area of 0.0093 acres (404 square feet) of land, more or less. The bearings recited hereinabove are based on a local coordinate system based on NAD83 Texas North Central Zone 4202, derived from GPS RTK observations using the North Texas VRS Network (maintained by Allterra Central, Inc.) To all parties interested in title to the premises surveyed, I do hereby certify that the above legal description was prepared from public records and from an actual and accurate survey on the grounds and that the same is true and correct. Eric S. Sp"er, RPLS Spooner & Associates, Inc. Texas Registration No. 5922 TBPLS Firm No. 10054900 3/29/2024 Date EXHIBIT "A" - - OLD DENTON ROAD .., PAGE 1 of 2 Spooner & Associates, Inc , 309 Byers Street, Suite 100, Euless, Texas 76039 - PH 817-685-8448 - espooner@spoonersurveyors com - S&A 11057 1 SURVEY: IRANEUS NEACE SURVEY, ABSTRACT NO. 1160 LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS EASEMENT ACQUISITION: EXHIBIT "A" - 0.0093 ACRES (404 S.F.) WHOLE PROPERTYAC.: CITY R.O.W. PLAT OF EXHIBIT "A" TRINITY RIVER AUTHORITY OF TEXAS DENTON CREEK REGIONAL WASTEWATER SYSTEM 25HC-3 HENRIETTA CREEK RELIEF INTERCEPTOR OLD DENTON RD ENCHROACHMENT 0 1/2" IRF (CM) AT N.E.C. OF 207.20 ACRE TRACT BEARS NOO°00'08"E - 2,132.77' ARVIRACT NO. 11 GO / 5 / •co 6 a Y, Cck°,1pNi Q� 1 i POINT OF BEGINNING N: 7,040,073.04 E: 2, 337,151.27 (NAD83 - GRID) / CALLED: 207.20 ACRES AIL INVESTMENTS, LP_ T.C.C.I. NO. D200088060, O.P.R.T.C.T. El EX. 30' UTILITY ESMT. TO THE TRINITY RIVER AUTHORITY OF TEXAS VOL. 9577, PG. 613, D.R.T.C.T. 0 10' 20' GRAPHIC SCALE IN FEET 1"=20' L1 L3 ai-- -- L4 0 a. a f r PK NAIL FND. (CM) CALLED: 77.546 ACRES CINNAMON CREEK RANCH, LLC T.C.C.I. NO. D210199521, O.P.R.T.C.T. PROPERTY LINE EXHIBIT "A" OLD DENTON ROAD ENCROACHMENT PERMIT AREA 0.0093 ACRES (404 SQ. FT.) LINE TABLE NO. DIRECTION DIST. L1 N89°49'03"E 26.90' L2 SOO°12'17"E 10.00' L3 SOO°12'22"W 5.00' L4 S89°49'03"W 26.91' L5 NOO°00'08"E 15.00' 1_7 _1 _ Y-L EXHIBIT i__ „A" z 0 E— Z w 0 KELLER HASLET RD LOCATION MAP OF EASEMENT & WHOLE PROPERTY BOUNDARY - N.T.S. S&A JOB NO : 11057.1 DATE: 03/29/2024 DRAWN BY: C. REEDER CHECKED BY: E. SPOONER 11057.1 OLD DENTON ROAD PERMIT.dw• TRINITY RIVER AUTHORITY OF TEXAS P.O. BOX NO. 60 ARLINGTON, TEXAS 76004 PHONE: (817) 467-4343 SPOONER& ASSOCIATES REOIIITEREO MRFlsH°IIAL LUID SURVEYORS 309 BYERS STREET, SUITE 100, EULESS, TEXAS 76039 (817) 685-8448 W W W. SPOONERSURVEYORS.COM TBPLS FIRM NO. 10054900 EXH A - OLD DENTON RD. - PG. 2 OF 2 1.1 1 0 0 v3¢ is. is ion 6e _z S FIiIIU4 MOVE OWNER TRAILEWCARPORT TO A LOCATON OUTSEIE OF THE COIIRACTORWILL MOVE TRAILERR/CARPORTB CK. PROVIDED B' WILL BEOUISIBE OF PERMANENT EASEMENT. 4 8 zoo= ¢<_ -aop wp S. 1 _ d : a n 5 li ithoF 3 fl At ENFIfi[)1I.lP. Am DEVELORMCNT.LJ. THE GO NET LEASE INERTIAGE III, INVESTORS LLD, CRT OP fONI WORIR isl is81 Rai Vs 411 00 g O44rl``�lC�l4� wn 111111 111111 .. WIROM ROOSTAMPED 'SLA W $ON ROD STAMPED IAA 11 W, ww vlw v�i ST MON ROD STAMPro-wk SIB' IRON ROD STAMPED 'SEA e' w nw as°eEs5115ii F wn ITO U1; S T 111I061A003TOMPVII A YE' SIONAOO STAEIPEC'SLA 51E' IRON ROD STAMPED 'SSA W MON NCO SIAMPFD'SEA 5/B' IRON R00 STAMPED 'SEA 1 YPMinP ';;Si HI I'I Iiig1ii P ;ONTROL P01 ELEVATION ErgthrniaiiiniiiiiiiIiiiniiililnii a R F l i r w A n s 1 R F R- 2 N ry I V R P A A 5. al oisgoia g1 5051 ige€a15igi DENTON CREEK REGIONAL WASTEWATER SYSTEM 25HC-3 RELIEF INTERCEPTOR t n LL 84fr + 01/0IM'It .IOIV •.....my .gyp• W K m.J 1.9041 c" 440,040. m.rt mfm. •'ti'YOMVfiM 0 Q _ G z 0 _ 1MM _ W X _w 10 0 r War t«YFMM`u +Ysei 0 11 R.rI +��OpY W f0 WO 0 aP� +W1wOJ Ir fl - if rita -.13att -9a 2 4 1 cre 1 eler ed. 1 Rd 1 e s ZZO133HS 33S-0*L6ViS- 3N H11VW //J//// lilili r f 1 i 4 11iF I h 1 z., a=oe= I s~€ ere fi os ( ZZ0133HS 33S -52415 VAS. 3M7 HJ1W1 . • • _ OZ] 133HS 33S - SZ�¢6 tl15.3M1 Fg1tlW a I 5 frllIUNM a 8 _5 DENTON CREEK REGIONAL WASTEWATER SYSTEM !q 1 e .1;I 25HC-3 HENRIETTA CREEK RELIEF INTERCEPTOR 14111"kibililh- tivp- a a a 1 n.nua rn.ealr.: ww L 1 1 0 1 w a .., .i o.pet.ue e..w a.,w a ...... a++. a 1Y5MK meel 2 3 4 5 6 2 Tr a' 3 5 LAST SAVED BY A B D E F INSTALL GATE PER TXDOT DETAIL W (2).10 REMOVE AND REPLACE 52 LF OF FENCE IN KIND WITHIN OWNERS EASEMENT 4G�x y d° /\EXISTING P{G�f / FENCE-� Cj� Cj"sN /--. e�4\ kP41 PROPERTY OWNER: CINNAMON CREEK RANCH. L.L. PROPERTY ID: 456723 TAXPIN: A 1021-1 PARCEL NO. 6 / 0. 0H / .`. / e- PLAN AND PROFILE ROW UNE 642 640 EXIST24" CONC WW FORCE MAIN (ACTIVE) O 935 -J (COCCI24- WW 630 FOINVRCE 831E OtMAI UI H- w w 2 07 - (L EXISTING 24" RCP WW UJ (IN BACKGROUND) 07 FILL -IC-3 WITH GROUT - - - AFTER ACTIVATION OF 51 PROPOSED + INTERCEPTOR-� j�- 620 610 602 7 PROPERTY OWNER: / � 1 X..RING B-19•/ N 7041150.14 ,• E 2337554-B0 �! 46" ww PIPE • � II J PLUGv / EXIST FO .75U STA 3�6y .04 IH OL13 0L'6 YoN RO n v 48" W W PIPE, S.0.20% -- 64LFOF7r STEELTUNNELLINE _- 93+25 PLATE INSTALLED BY OTHER OPEN CUT W PROPERTY ID: 456751 TAXPIN: A 1160.1C PARCEL NCI STEEL TUNNEL / INER PLATE -SHAFT SHAFT 4 "WW PIPE 5 H NQ.94 O A49995°LT A .5° LT N 7041139.09 E 2337498.89 CP 209 REHABILITATE EXISTING MH 1180H EXISTING 8" PVC WW (ACTIVE) I XI %I Lv U EXISTING MH ID N1180H -INV IN619.76 (SW) - INV OUT 619.8E (E) JACKING SHAFT CP52IIPIPE PLUG TYP IN FOREGROUND) N 7041087.09 E 2337488.51 7041105.17 E 2337443.60 CP 208 PLAN SCALE: 1"•20' FILE: 8909A10C101 - r ai w <z75 ' 94+00 CLAY DAM m 170 LF OF 95+00 PROFILE HORI2 SCALE, 1"=20' VERT SCALE: 1"64' FILE 9909A10C101 DESIGNED PSD DRAWN BWH CHECKED RKC/GAG REV DATE BY DESCRIPTION DATE FEBRUARY 2024 AI'R66 P:E OF lF 3t • 00 3GREG A. cou LD 107922 14755 F Suite 500, C Phone: 972-239-91 TBPEL 1 2 PROJECT NO. 8909A10 FILE NAME: 8909A10CO21,dgn 3 4 5 1 6 / O REMOVE AND REPLACE 1 •� k1[S 260 LF OF FENCE IN / RC" 1' \ KIND WITHIN THE \ gyp$ 9NS OWNER'S EASEMENT / / V+.08. STA 90+5E81 / A 0,68° RT N ` \ E 7041140.86 4, 0" E 233775.48 \ \ 2337875.48 , IAA* w h+r L . GATE PER •T DETAIL WE SEE DWG CROS =ILL EXISTING HC-3 TO IABILITATED MANHOLE 14+16 ON SHEET C36 CP 214 __PJ-1L EXISTING 24" RCP YAM %% EXISTING 24" RCP WW (HC-3)(ACTIVE) PROTECT EXISTING FENCE IN PLACE EXISTING MH 1160H TO BE TAKEN OUT OF SERVICE PER r1 PLAN SCALE: 1'.20' FILE: 8909A10C101 PROPERTY OWNER: US LAND GUILD LLC PROPERTY ID: 456720 TAXPIN: A 10213 PARCEL NO. 7 X PARCEL LINE EXISTING iEXISTING FENCE 92+00— EXISTING 24' RCP WW (HC.3){ACTIVE) PROPERTY OWNER: CINNAMON CREEK RANCH, L.L.C. PROPERTY ID: 456723 TAXPIN: A 1021-1 PARCEL NO.6 177-5STEMPORARY CONSTRUCTION EASEMENT EXIST 12" PVC W PROPOSED 15' PERMANENT EASEMENT (OWNER) <n FEISCEG V Lo I + AIM 93+00'1Y. ` - -I Q01 EXISTING 30' PERMANENT EASEMENT (OWNER) TH-11 CP211-- PROTECT EXISTING FENCE IN PLACE TH • NORTHING EASTING TOP OF PIPE DESCRIPTION 10 11 7041144.21 7041158.79 2337844.43 2337574,18 622.82 627,93 24- RCP SM4 LINE 12' PVC 77TR PIPE w Z J I= 0 la 'CH 2019 EX GRADE, OPIPE PLUG CPS21 TYP f 4 5 E$ISTNG.24" RCPAW EXISTING 24" RCP W W (IN FOREGROUND) EXISTING MH 10 411609 EIV IN 818.42 (W) EXISTING AND INV OUT 616.11 NE) FINAL GRADE ;IN FOREGROUND) - - RECEMNG SHAFT 1 x1STING(4r RCP µW V EL 61938 ----_ - • I 14FO G ND) EXISTING 24" RCP WW (IN BACKGROUND) FILL HC-3 WITH GROUT AFTER ACTIVATION OF PROPOSED INTERCEPTOR i I < 7r— jy r I) 46' NAM PIPE. 5=0.28% CLAY DAM 245 IS OF 72- STEEL TUNNEL tJNER PLATE INSTALLED SY OTHER THAN OPEN CUT 91+00 PROFILE HORIZ SCALE 1"=20' VERT SCALE: 1"=4' FILE: 8009A100101 01 92+00 93+00 93 25 rp<°` TFt? r� /� TRINITY RIVER DENTON CREEK REGIC OF . ". F GdUt.,4 ��I V�� � OF TEXAS kalAUTHORITY3GREG 25HC-3 HENRIETTA CI 14755 Preston Road 167922�� Suite 500, Dallas, TX 75254 Phone: 972-239-9949 Fax: 972-239-9117 NMI�t7CEEN'e`4' PLAN F '96���i�� TBPELS No. F-882 s.+v n.. Nnnonry off+..» STA 89+0 r LL M U CA kr) Ec%) z HC4 ww OE-1 CA ›-4 8 E-( 44 °H, z„�a w OL) -t �p4 w '47' z H z ,c2 4 - t 0 : 4 . w4 c zw o L1 1 t )' o w� E — 1 z u H W E —' Q z w CONTRACT NO. 13-22 PROJECT NO. 3828.644 MARCH 2023 mm m ±<r -_- _& I r. Ws ZU 5 or 001 klic OU, aoMU,'o¢ c MU Q I_ MON gaF, Y OZ¢W1¢-QL-` 'b � °aYxUQV �''� D O a�aayw`C] QN �y��,.� ��a 0.'a'CQ Xp" y r y 3¢ n, woo0 A EZ aoW a� 8 W x x F- WSW w N zm V'-'� U uza}aaa °"Oai c �NaQw �;O w �fo C1F-O Pc FwYi�a iiii W'cd a'�aVu., Od� O ao� E-2w G]PW'o k"U a9ooz3w -,t �pi 20>>>o,wk� 9tj W z o x =_ z� H¢Q ¢ z Cl �q 3� z.] z-'>wz 77 `°lAom=z Ca .r.�o�a,3, ow w, UW am- � z r 3 w a F Oaw fO.lvaiKZ MANAGEMENT RECOMMENDED: W 0 5� w z is aw aw z <z iw 0 2a ao z,rd S 0 ACCEPTED: F Wo 0 0 Z aQ z �o w° rr 00 20 ui4 °-z ay a= aZ < P a I 1,1.,1, . ue. ram., ,0,1 L U I w 114.1 ...Kw trg ..xo- . as .r r x.....a r., s..� .—,.iw., won EXHIBIT B Certificate of Insurance Tier II ROW Encroachment Agreement Page 11 of 11 Revised 12/2022 TML INTERGOVERNMENTAL RISK POOL TMLIRP Contract Number: 3454 Certificate of Coverage Member: Trinity River Authority Mr. Robert Warren Manager, Risk, Safety, and Facilities PO Box 60 Arlington, Texas 76004 Company Affording Coverage: Texas Municipal League Intergovernmental Risk Pool (TMLIRP) PO Box 149194 Austin, TX 78714-9194 (512) 491-2300 or (800) 537-6655 Fax: (512) 491-2404 Certificate Holder: City of Forth Worth 200 Texas Street Fort Worth, Texas 76102-6314 This is to certify that the coverages listed below have been provided to the member and are in effect at this time. Notwithstanding any requirements, terms, or conditions of any other contract or agreement with respect to which this certificate may be issued or may pertain, the coverage afforded by TMLIRP described herein is subject only to the terms, exclusions and additions of TMLIRP's coverage contracts between TMLIRP and its member(s). Coverage is continuous until canceled. General Liability Effective Date: Anniversary Date: Limits of Liability (Each Occurrence): $5,000,000 12/1/2023 Real & Personal Property Limits of Coverage: Deductible per Occurrence: Effective Date: Anniversary Date: 12/1/2024 Sudden Events Involving Pollution (Each Occurrence): $2,000,000 Annual Aggregate: $10,000,000 Mobile Equipment Limits of Coverage: Deductible per Occurrence: Effective Date: Anniversary Date: Deductible per Occurrence: $5.000 Law Enforcement Liability Effective Date: Anniversary Date: Limits of Liability (Each Occurrence): _ Boiler & Machinery - Broad Form Per Accident Limit: Deductible per Occurrence: Effective Date: Anniversary Date: Annual Aggregate: Deductible per Occurrence: Errors and Omissions Liability Effective Date: Anniversary Date: Limits of Liability(Each Wrongful Act): Mortgagee Loss Payee Loan Number: Yes No Annual Aggregate: Deductible per Occurrence: Auto Liability Effective Date: Anniversary Date: Limits of Liability (Each Occurrence): Year/Make/Model VIN Value Deductible per Occurrence: Auto Physical Damage Effective Date: Anniversary Date: Limits of Liability: Collision Deductible: Comprehensive Deductible: Yes No Loss Payee: I Loan Number: DESCRIPTION: Confirmation of coverage for the Public Property Right -Of -Way Encroachment License Agreement between the City of Fort Worth and Trinity River Authority. General Liability coverage is primary and non-contributory. Cancellation: Should any of the above described coverages be canceled before the anniversary date thereof, TMLIRP will endeavor to mail 30 days written notice to the above named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon TMLIRP. Authorized Representative: Louis Canales d` uu (,. a-A—acw, r Date Issued: 2/12/2024 X102 2/10/2015