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HomeMy WebLinkAboutContract 61393Date Received: 5/10/2024 Time Received: 4:00 p.m. Record Number: PN24-00067 City Secretary No.: 61393 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER II THIS AGREEMENT is made and entered into by and between THE CITY OF FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"), acting by and through its duly authorized City Manager, Assistant City Manager, or Director of the Development Services Department, and Scannell Properties #606, LLC, a(n) Indiana limited liability company ("Licensee"), acting by and through its duly authorized manager. RECITALS WHEREAS, Licensee is the owner of the real property located at 1 Petty Place, Fort Worth, Texas 76117 ("Property"), being more particularly described as, being a tract of land situated in the James Smith Survey, Abstract No. 1149, City of Fort Worth, Denton County, Texas, being a portion of Texas Motor Speedway, and Addition to the City of Fort Worth, Denton County, Texas, as recorded in Deed Records, by Instrument Number 2022-18245, in Denton County, Texas; and WHEREAS, the City owns a water easement (the "Public Property") adjacent to the Property, recorded in the plat records of Denton County as plat number FS-23-053; and WHEREAS, Licensee desires to construct, place, and maintain certain improvements which will encroach in, on, above, or below the Public Property; and WHEREAS, to accommodate the needs of the Licensee, the City will allow the encroachment under the terms and conditions as set forth in this Agreement. NOW, THEREFORE, the City and Licensee agree as follows: AGREEMENT 1. The City, in consideration of the payment by Licensee of the fee set out below and covenants and agreements hereinafter contained to be kept and performed by Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and occupy a portion of the City's Public Property as described in and at the location shown on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing, installing, and maintaining private water and sewer lines (the "Encroachment"). Upon Tier II Easement Encroachment Agreement OFFICIAL RECORD page 1 of 11 CITY SECRETARY Revised 12/2022 FT. WORTH, TX completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within the Public Property. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on the Public Property beyond what is specifically described in Exhibit "A." 2. All construction, installation, maintenance, and operation of the Encroachment and the use or occupancy of the Public Property shall comply with and be performed in strict compliance with this Agreement and with the charter, ordinances, codes, and policies of the City. Prior to the construction or installation of the Encroachment, Licensee shall submit all plans and specifications to the Director of the Development Services Department or duly authorized representative. Licensee shall not commence construction or installation of the Encroachment nor make any use of the Public Property until after the execution of this Agreement. 3. Licensee, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or future utilities affected by such Encroachment and the use and occupancy of the Public Property, including the securing the approval and consent of the appropriate utility companies and agencies of the State of Texas and its political subdivisions. In the event that any installation, reinstallation, relocation, or repair of any existing or future utility or improvements owned by or constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance, or existence of the Encroachment and use of Public Property, Licensee shall pay to City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department, or their duly authorized representative. 4. Licensee agrees that City may enter and utilize the Public Property at any time for any public purpose, including installing, repairing, replacing, or maintaining improvements to its public facilities or utilities necessary for the health, safety, and welfare of the public. The City shall have no responsibility or liability for any damages related to the Encroachment resulting from the City's use of the Public Property; however, the City shall make reasonable efforts to minimize such damage. :� Upon termination of this Agreement, Licensee shall, at the option of and at no expense to the City, remove the Encroachment and restore the Public Property to a condition acceptable to the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department or their Tier II Easement Encroachment Agreement Page 2 of 11 Revised 12/2022 duly authorized representative. Any such removal of the Encroachment shall be in accordance with then -existing City regulations and policies. It is understood and agreed to by Licensee that if this Agreement terminates and Licensee fails to remove the Encroachment and restore the Public Property, Licensee hereby gives City permission to remove the Encroachment and any supporting structures from the Public Property, to restore the Public Property, and to assess a lien on the Property for the costs expended by the City in taking such actions. 11 In order to defray all costs of inspection and supervision which the City has incurred or will incur as a result of the construction, maintenance, inspection or management of the Encroachment and use of Public Property as provided for by this Agreement, Licensee agrees to pay to City at the time this Agreement is requested an application fee in the sum of Nine Hundred Dollars ($900.00). 7. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by City. However, the City may terminate this Agreement upon Licensee's noncompliance with any of the terms of this Agreement. City shall notify Licensee in writing of any such noncompliance and if Licensee does not cure the noncompliance within thirty (30) days of notice from City, the City may terminate this Agreement. However, the City may, at its sole option, allow the Agreement to remain in effect so long as Licensee has taken reasonable measures to cure the noncompliance or is continuing to diligently attempt to remedy the noncompliance. 8. It is further understood and agreed between the parties hereto that the Public Property to be used and encroached upon is held by City as trustee for the public; that City exercises such powers over the Public Property as have been delegated to it by the Constitution of the State of Texas or by the Texas Legislature; and that City cannot contract away its duty and its legislative power to control the Public Property for the use and benefit of the public. It is accordingly agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the Public Property to be used for any other public purpose, including but not being limited to underground, surface, or overhead communication, drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not, that the parties agree to negotiate in good faith in order to accommodate both the Encroachment and the public purpose. 9. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS Tier II Easement Encroachment Agreement Page 3 of 11 Revised 12/2022 OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES. 10. While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance naming City as certificate holder as proof that is has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and described in Exhibit "A." The amounts of such insurance shall be not less than $1,000,000 with the understanding and agreement by Licensee that such insurance amounts may be revised upward at City's option and that Licensee shall so revise such amounts immediately following notice to Licensee of such requirement. Such insurance policy shall not be canceled or amended without at least thirty (30) days prior written notice to the Building Official of the City. A copy of such Certificate of Insurance is attached as Exhibit "B" and incorporated herein for all purposes. Licensee agrees, binds, and obligates itself and its successors and assigns to maintain and keep in force such public liability insurance at all times during the term of this Agreement and until the removal of the Encroachment and restoration of the Public Property. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. 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 Tier II Easement Encroachment Agreement Page 4 of 11 Revised 12/2022 real property records of the county in which the Encroachment is located. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. 12. Licensee agrees to comply fully with all applicable federal, state, and local laws, statutes, ordinances, codes, and regulations in connection with the construction, operation, and maintenance of the Encroachment and use of the Public Property. 13. Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for by this Agreement or by any federal, state, or local statute, law, or regulation. 14. Licensee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant, or employee of City, and Licensee shall have exclusive control of and the exclusive right to control the details of its operations, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. The doctrine of respondeat superior shall not apply as between City and Licensee, its officers, agents, servants, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Licensee. 15. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain, and locate the Encroachment over or within the Public Property and is not a conveyance of any right, title, or interest in or to the Public Property, nor is it meant to convey any right to use or occupy property in which a third -party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. 16. In any action brought by the City for the enforcement of the obligations of the Licensee, City shall be entitled to recover interest and reasonable attorneys' fees. 17. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. Tier II Easement Encroachment Agreement Page 5 of 11 Revised 12/2022 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] Tier II Easement Encroachment Agreement Page 6 of 11 Revised 12/2022 City: CITY OF FORT WORTH By: DaltonHa rell4ray 10, 202415:57 CDT) D.J. Harrell, Director of the Development Services Department Date: May 10, 2024 ATTEST Jannette Goodall, City Secretary dg44V�� pa4 FORt Iln ���oF00000 oo�yopa��d �o onol o o=° aaa tEXA`-�oAp Ilbnnov44 Date: May 10, 2024 Licensee: Scannell Properties #606, LLC a Indiana limited liability company By: , Name: Marc D. Pfleging Title: Manager Date: ///ZIV ' I Approved As To Form and Legality Jeremy Anato Mensah Assistant City Attorney Date: May 10, 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'Dlane Dwell Rebecca Diane Owen (May 10, 202414:09 CDT) Rebecca Owen Development Services Date: May 10, 2024 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II Easement Encroachment Agreement Page 7 of I I Revised 12/2022 6,i9MW.01J■rY�:aUt it�Y� �Y�.�rLrY�:� �Y� iti�UiJ■1�►�J�Y�►'Y�� STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared D.J. Harrell, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of the City of Fort Worth, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this loth day of May , 2,0.24. W&Kk Bends /e Wendy Beardslee (May 10, 202416:05 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 761,02 WENDY L BEARDSLEE ; n Notary Public • • STATE OF TEXAS Notary I.D. 13323719-3 My Comm. Exp. July 28, 2025 Tier Q Easerneni FErtcroaChmeri't .Agreemen't Page 8 laf I l Revised 1:2/2022 SA.(4-ram STATE OF T4- , § COUNTY OF -NT § o1/ J BEFORE ME, the undersigned authority, a Notary Public in and for the State of —7/�✓4401 , on this day personally appeared Marc D. Pfleging, 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 Scannell Properties #606, LLC, an Indiana limited liability company, and in the capacity therein stated. p. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ' day of 2024. 4ary Public in and for the State of 1/7al�QJa--� �L — — j=o Y �� Joy R. Jackson Notary Pubk state �Al ffWi6 County iIIdiBi1B L SEAL Commbafon Number 691848 aM, My Commission Expires November 23. 2024 `u(2Ul Tier II Easement Encroachment Agreement Page 9 of 11 Revised 12/2022 EXHIBIT A Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page 10 of 11 Revised 12/2022 N O N 00 Q Q 7 t rn 3 cr) 1 N O J I C 0) E t U 0 0 U C W I to N 0) O co C 0) E 0) N i rn 0) O / rn c 0 a- / rM N 0) O / W Pike M iAc lre SchmIl y'9 ay',41i6 Gene Pike Middle NOrthwPsf Schoa! high Schaot rr :st PREPARED FOR: N WE �T ENCROACHMENT LOCATIONS 'exas Motor speedway �ft}MOy1 4 1IeJ4rw� The Golf Club at EhanlpiA06 Circle \V/I[NII\II0IMa 51F:\II N.T.S. MGM INSWORIJ, INDUSTRIAL PARK BUILDING 2 LOCATED IN CITY OF FORT WORTH, TEXAS -riffSCANNELL P R 5949 Sherry Lane, Suite 1550 Dallas, Texas 75225 214-275-9406 AARIL, 2024 PREPARED BY: GMcivit Engineering & Surveying 2559 SW Grapevine Pkwy, Grapevine, Texas 76051 81 ]-329-"" TxEng Firm # F-2944 1 TxS— Firm # 10021700 "EXHIBIT A" TRACT 1 ENCROACHMENT AGREEMENT STATE OF TEXAS: COUNTY OF DENTON: BEING a tract of land situated in the James Smith Survey, Abstract No. 1149, City of Fort Worth, Denton County, Texas, being a portion of Texas Motor Speedway, an addition to the City of Fort Worth, Denton County, Texas as recorded in 2021-192, Official Records, Denton County, Texas (ORDCT), being a portion of Tract 1 as described in deed to Scannell Properties #606, LLC, recorded in 2022-18245, ORDCT, and being more particularly described as follows: COMMENCING at a 1 /2" rebar capped GMCIVIL set at the intersection of the north line of Petty Place (120' Right -Of -Way Easement, 2022-18243, ORDCT) and the west line of Victory Circle West (120' Right -Of -Way Easement, 2022-18242, ORDCT), being the most southerly southeast corner of said Scannell Tract 1, and being the most southwesterly point of curve of said intersection, from which a 1 /2" rebar capped GMCIVIL set at the southwest corner of said Scannell Tract 1 bears South 89 degrees 20 minutes 54 seconds West, 598.66 feet; THENCE North 86 degrees 47 minutes 21 seconds West, across said Scannell Tract 1, a distance of 456.22 feet to the POINT OF BEGINNING of the herein described tract; THENCE across said Scannell Tract 1, as follows: South 74 degrees 12 minutes 26 seconds West, a distance of 15.59 feet; NORTH, a distance of 10.39 feet; North 74 degrees 12 minutes 26 seconds East, a distance of 15.59 feet; SOUTH, a distance of 10.39 feet to the POINT OF BEGINNING and containing 156 square feet or 0.004 acre of land. NOTE: Bearings are referenced to the final plat of Lots 1 & 2, Block A & Lot 2, Block 1, Speedway Distribution Center as recorded in 2009-31, Official Records, Denton County, Texas-NAD 83 (1993) datum. Scale: NONE Sheet 0 a CIVI— Date: 4/18/2024 1 Engineering & Surveying Job No.: 10923 of 2559 SW Grapevine Pkwy, Grapevine, Texas 76051 Drafted: T.J.M. 817-329-4373 TxEng Firm # F-2944 I TxSury Firm # 10021700 Checked: J.S.B. 10 �rJOELS.BAR�T�ON �•ga t SUR 4/18/2024 01 "EXHIBIT A" TRACT 2 ENCROACHMENT AGREEMENT STATE OF TEXAS: COUNTY OF DENTON: BEING a tract of land situated in the James Smith Survey, Abstract No. Ill 49, City of Fort Worth, Denton County, Texas, being a portion of Texas Motor Speedway, an addition to the City of Fort Worth, Denton County, Texas as recorded in 2021-192, Official Records, Denton County, Texas (ORDCT), being a portion of Tract 1 as described in deed to Scannell Properties #606, LLC, recorded in 2022-18245, ORDCT, and being more particularly described as follows: COMMENCING at a 1 /2" rebar capped GMCIVIL set at the intersection of the north line of Petty Place (120' Right -Of -Way Easement, 2022-18243, ORDCT) and the west line of Victory Circle West (120' Right -Of -Way Easement, 2022-18242, ORDCT), being the most southerly southeast corner of said Scannell Tract 1, and being the most southwesterly point of curve of said intersection, from which a 1 /2" rebar capped GMCIVIL set at the southwest corner of said Scannell Tract 1 bears South 89 degrees 20 minutes 54 seconds West, 598.66 feet; THENCE North 48 degrees 11 minutes 47 seconds West, across said Scannell Tract 1, a distance of 647.50 feet to the POINT OF BEGINNING of the herein described tract; THENCE across said Scannell Tract 1, as follows: WEST, a distance of 10.00 feet; NORTH, a distance of 15.00 feet; EAST, a distance of 10.00 feet; SOUTH, a distance of 15.00 feet to the POINT OF BEGINNING and containing 150 square feet or 0.003 acre of land. NOTE: Bearings are referenced to the final plat of Lots 1 & 2, Block A & Lot 2, Block 1, Speedway Distribution Center as recorded in 2009-31, Official Records, Denton County, Texas-NAD 83 (1993) datum. Scale: NONE Sheet 0 a CIVI— Date: 4/18/2024 2 Engineering & Surveying Job No.: 10923 of 2559 SW Grapevine Pkwy, Grapevine, Texas 76051 Drafted: T.J.M. 817-329-4373 TxEng Firm # F-2944 I TxSury Firm # 10021700 Checked: J.S.B. 10 �rJOELS.BAR�T�ON �•ga t SUR 4/18/2024 01 "EXHIBIT A" TRACT 3 ENCROACHMENT AGREEMENT STATE OF TEXAS: COUNTY OF DENTON: BEING a tract of land situated in the James Smith Survey, Abstract No. 1149, City of Fort Worth, Denton County, Texas, being a portion of Texas Motor Speedway, an addition to the City of Fort Worth, Denton County, Texas as recorded in 2021-192, Official Records, Denton County, Texas (ORDCT), being a portion of Tract 1 as described in deed to Scannell Properties #606, LLC, recorded in 2022-18245, ORDCT, and being more particularly described as follows: COMMENCING at a 1 /2" rebar capped GMCIVIL set at the intersection of the north line of Petty Place (120' Right -Of -Way Easement, 2022-18243, ORDCT) and the west line of Victory Circle West (120' Right -Of -Way Easement, 2022-18242, ORDCT), being the most southerly southeast corner of said Scannell Tract 1, and being the most southwesterly point of curve of said intersection, from which a 1 /2" rebar capped GMCIVIL set at the southwest corner of said Scannell Tract 1 bears South 89 degrees 20 minutes 54 seconds West, 598.66 feet; THENCE North 34 degrees 57 minutes 14 seconds West, across said Scannell Tract 1, a distance of 896.29 feet to the POINT OF BEGINNING of the herein described tract; THENCE across said Scannell Tract 1, as follows: WEST, a distance of 15.00 feet; NORTH, a distance of 15.00 feet; EAST, a distance of 15.00 feet; SOUTH, a distance of 15.00 feet to the POINT OF BEGINNING and containing 225 square feet or 0.005 acre of land. NOTE: Bearings are referenced to the final plat of Lots 1 & 2, Block A & Lot 2, Block 1, Speedway Distribution Center as recorded in 2009-31, Official Records, Denton County, Texas-NAD 83 (1993) datum. Scale: NONE Sheet 0 a CIVI— Date: 4/18/2024 3 Engineering & Surveying Job No.: 10923 of 2559 SW Grapevine Pkwy, Grapevine, Texas 76051 Drafted: T.J.M. 817-329-4373 TxEng Firm # F-2944 I TxSury Firm # 10021700 Checked: J.S.B. 10 �rJOELS.BAR�T�ON �•ga t SUR 4/18/2024 01 1 \ "EXHIBIT A" TRACT 4 ENCROACHMENT AGREEMENT STATE OF TEXAS: COUNTY OF DENTON: BEING a tract of land situated in the James Smith Survey, Abstract No. 1149, City of Fort Worth, Denton County, Texas, being a portion of Texas Motor Speedway, an addition to the City of Fort Worth, Denton County, Texas as recorded in 2021-192, Official Records, Denton County, Texas (ORDCT), being a portion of Tract 1 as described in deed to Scannell Properties #606, LLC, recorded in 2022-18245, ORDCT, and being more particularly described as follows: COMMENCING at a 1 /2" rebar capped GMCIVIL set at the intersection of the north line of Petty Place (120' Right -Of -Way Easement, 2022-18243, ORDCT) and the west line of Victory Circle West (120' Right -Of -Way Easement, 2022-18242, ORDCT), being the most southerly southeast corner of said Scannell Tract 1, and being the most southwesterly point of curve of said intersection, from which a 1 /2" rebar capped GMCIVIL set at the southwest corner of said Scannell Tract 1 bears South 89 degrees 20 minutes 54 seconds West, 598.66 feet; THENCE North 33 degrees 21 minutes 02 seconds West, across said Scannell Tract 1, a distance of 879.43 feet to the POINT OF BEGINNING of the herein described tract; THENCE across said Scannell Tract 1, as follows: WEST, a distance of 10.00 feet; NORTH, a distance of 15.00 feet; EAST, a distance of 10.00 feet; SOUTH, a distance of 15.00 feet to the POINT OF BEGINNING and containing 150 square feet or 0.003 acre of land. NOTE: Bearings are referenced to the final plat of Lots 1 & 2, Block A & Lot 2, Block 1, Speedway Distribution Center as recorded in 2009-31, Official Records, Denton County, Texas-NAD 83 (1993) datum. Scale: NONE Sheet 0 a CIVI— Date: 4/18/2024 m Engineering & Surveying Job No.: 10923 of 2559 SW Grapevine Pkwy, Grapevine, Texas 76051 Drafted: T.J.M. 817-329-4373 TxEng Firm # F-2944 I TxSury Firm # 10021700 Checked: J.S.B. 10 �rJOELS.BAR�T�ON �•ga t SUR 4/18/2024 01 "EXHIBIT A" TRACT 5 ENCROACHMENT AGREEMENT STATE OF TEXAS: COUNTY OF DENTON: BEING a tract of land situated in the James Smith Survey, Abstract No. 1149, City of Fort Worth, Denton County, Texas, being a portion of Texas Motor Speedway, an addition to the City of Fort Worth, Denton County, Texas as recorded in 2021-192, Official Records, Denton County, Texas (ORDCT), being a portion of Tract 1 as described in deed to Scannell Properties #606, LLC, recorded in 2022-18245, ORDCT, and being more particularly described as follows: COMMENCING at a 1 /2" rebar capped GMCIVIL set at the intersection of the north line of Petty Place (120' Right -Of -Way Easement, 2022-18243, ORDCT) and the west line of Victory Circle West (1 20'Right-Of-Way Easement, 2022-18242, ORDCT), being the most southerly southeast corner of said Scannell Tract 1, and being the most southwesterly point of curve of said intersection, from which a 1 /2" rebar capped GMCIVIL set at the southwest corner of said Scannell Tract 1 bears South 89 degrees 20 minutes 54 seconds West, 598.66 feet; THENCE North 01 degrees 38 minutes 52 seconds East, across said Scannell Tract 1, a distance of 1 1 18.07 feet to the POINT OF BEGINNING of the herein described tract; THENCE across said Scannell Tract 1, as follows: WEST, a distance of 14.14 feet; North 45 degrees 00 minutes 00 seconds East, a distance of 35.36 feet; EAST, a distance of 14.14 feet; South 45 degrees 00 minutes 00 seconds West, a distance of 35.36 feet to the POINT OF BEGINNING and containing 354 square feet or 0.008 acre of land. NOTE: Bearings are referenced to the final plat of Lots 1 & 2, Block A & Lot 2, Block 1, Speedway Distribution Center as recorded in 2009-31, Official Records, Denton County, Texas-NAD 83 (1993) datum. Scale: NONE Sheet 0 a CIVI— Date: 4/18/2024 5 Engineering & Surveying Job No.: 10923 of 2559 SW Grapevine Pkwy, Grapevine, Texas 76051 Drafted: T.J.M. 817-329-4373 TxEng Firm # F-2944 I TxSury Firm # 10021700 Checked: J.S.B. 10 •ga t rJOELS.BAR�T�ON 4914 4/18/2024 01 J4 0 200 SCALE IN FEET LOT3, BLOCK2 OF LOTS 2 & 3, BLOCK 2 SPEED WA Y 2 IND US TRIA L PARK 207 9-425, O. R. D. C. T. I "EXHIBIT A" i TRACT 5 -ATRACT 31 TRACT 41����T �o 13 TEXAS MOTOR SPEED WA Y 2027-792, 0,R.D.C.T TRACT 7 0 SCANNELL PROPERTIES #606, LLC 2022- 78245, O. R. D. C. T i / PARCEL No. 1 120' PUBLIC ACCESS= / & UTILITY EASEMENT 97-R0024338 >' D.R.D.C.T. TEXAS MOTOR SPEED WA Y TEXAS MOTOR -ITRACT 21 W 12027-792, O.R.D.C.T. SPEED WA Y O 1 2027-7 92 1 �" 0 O. R. D. C. T. P.O.C. I v APPROXIMATE LOCATION , I TRACTS " 15' QUICKSILVER RESOURCES, n TRACT 11 REMAINDER INC EASEMENT ./��f// 2011-109382, O.R.D.C.T. ) I � 1-5 FW SPORTS (LOCATION PER PLAT c� I AUTHORITY, INC. 2021-192, O.R.D.C.T.) 1 /2"R.C.S. _S 89°20'54" W 598.66' I 96-R0084103 _ 97-R0004274 PETTY PLACES PETTY PLACE D.R.D.C.T. WL— — — — — — — — — 207 9-3483, O. R. D. C. T) (i20' O. W. EASEMENT 2022- 78243, O. R.D. C. T ) PARCEL No. 7 120' PUBLIC ACCESS TEXAS MOTOR & UTILITY EASEMENT SPEEDWAY 97-R0024344 2027-792, O.R.D.C.T \ \ REMAINDER I D.R.D.C.T. LOT 1, BLOCK 1 \ � SPEED WAY2 FW SPORTS I TEXAS MOTOR TRACT 2 INDUSTRIAL PARK AUTHORITY, INC. SPEEDWAY SCANNELL PROPERTIES 2079-377 96-R0084703 2027-792 #606, LLC O. R. D. C. T 97-R0004214 O. R. D. C. T. 2022- 78245, O. R. D. C. T. D. R. D. C. T. I'A a • CIVI Engineering & Surveying 2559 SW Grapevine Pkwy, Grapevine, Texas 76051 817-329-4373 TxEng Firm # F-2944 I TxSury Firm # 10021700 Scale: 1" = 200' Sheet Date: 4/18/2024 a Job No.: 10923 of Drafted: T.J.M. Checked: J.S.B. (/rCIR FkR�o tf'RYON ..v:..OAP . 4/18/2024 3 n "EXHIBIT A" LOTS, BLOCK2 OF LOTS 2 & 3, BLOCK SPEED WA Y 2 IND US TRIA L PARK 207 9-425, O. R. D.C. T. �0 p �� 51�0-11 TRACT 1 - ENCROACHMENT AGREEMENT 156 SQ. FT. 0.004 AC. SEE SHEET 10 LZ- - FOR LINE DATA PETTY TEXAS MOTOR SPEEDWAY PLACE 2027-792, 0.R.D.C.T. (120' R.O. W. EASEMENT 207 9-3483, O. R. D. C. T) TEXAS MOTOR SPEED WA Y 2027- 7 92, 0. R. D. C. T. TRACT 1 SCANNELL PROPERTIES IND #606, LLC 2022- 78245, O. R. D. C. T w 0 50 SCALE IN FEET W cn N 8604721 " W 456.22' FROM P.O.C. TO P.O.B. P.O.B. TRACT 1 — — — — — — — — — — — — — — — — — — — — -' — - REMAINDER - _ _ _ _ FW SPORTS _ _ — — — — — — — — — — -- — — — --— AUTHORITY, INC. 96-R0084103 PETTY PLACE 97-R0004214 (720'R.O.W. EASEMENT2022-78243, O.R.D.C.T.) D. R. D. C. T REMAINDER - FW SPORTS AUTHORITY, INC. 96-R0084103 I PARCEL No. 7 97-R0004214 120' PUBLIC ACCESS & UTILITY EASEMENT D. R. D. C. T. I 97-R0024344 TEXAS MOTOR D.R.D.C.T. SPEEDWAY I — APPROXIMATE LOCATION 2027-792 15 QUICKSILVER RESOURCES, O.R.D.C.T. INC EASEMENT 2011-109382, O.R.D.C.T. (LOCATION PER PLAT �- — — --' 2021-192, O.R.D.C.T.) I I LOT 7, BLOCK 1 SPEED WA Y 2 IND US TRIA L PARK 2079-377, O.R.D.C.T I'A TEXAS MOTOR SPEED WA Y 2027-792, 0.R.D.C.T. TRACT 2 SCANNELL PROPERTIES #606, LLC 2022- 78245, O. R. D. C. T. Scale: 1" = 50' Sheet 0 0 MCIVI [ Date: 4/18/2024 7 Engineering & Surveying Job No.: 10923 of 2559 SW Grapevine Pkwy, Grapevine, Texas 76051 Drafted: T.J.M. 817-329-4373 TxEng Firm # F-2944 I TxSury Firm # 10021700 Checked: J.S.B. 10 Q&-O-g ,p • gGClzt (/rCIR R�o tf'RYON..v:..OAP . 4/28/2024 u "EXHIBIT A" TRACT 4 ENCROACHMENT L15 AGREEMENT 150 SQ. FT. L1 0 cV qqr %0 0.003 AC. I J J J L9 P.O.B. TRACT 3 L1 3 ENCROACHMENT TRACT 4 AGREEMENT 0 50 225 SQ. FT. 0.005 AC. SCALE IN FEET P.O.B. TRACT 3tiVa 2iA `ri O l o o 1A9 C?OSEE 5� SHEET 10 0 FOR LINE DATA N�Q�I cy UQC� I CJ �jQ ti N N o�Nl TEXAS MOTOR SPEED WA Y 2021-792, O.R.D.C.T TRACT 2 ENCROACHMENT TRACT 1 AGREEMENT SCANNELL PROPERTIES 150 SQ. FT. #606, LLC 0.003 AC. U 2022-78245, 0.R.D.C.T. I J 00 L5Jj �'9a f'O >>, P.O.B. �> TRACT 2 0� To 6� O s SEE SHEET 6 °� 0 0 Scale: 1" = 50' Sheet MCIVI Date: 4/18/2024 g Engineering & Surveying Job No.: 10923 Of 2559 SW Grapevine Pkwy, Grapevine, Texas 76051 Drafted: T.J.M. 817-329-4373 TxEng Firm # F-2944 I TxSury Firm # 10021700 Checked: J.S.B. 10 a 61 `u G\STER• 9� o ............. .. . JOEL S. BARTON C .•o•• 4914 �0p O�Q FSS\ q 0- r N�SURV c 4/18/2ozq J4 "EXHIBIT A" A 0 50 TEXAS MOTOR SPEEDWAY SCALE IN FEET TRACT 5 2027-792, O.R.D.C.T. / ENCROACHMENT AGREEMENT TRACT I 354 SQ. FT. SCANNELL PROPERTIES / 0.008 AC. #606, LLC 2022- 78245, O. R. D. C. T. L1 9 SEE SHEET 10 ' FOR LINE DATA 0 o� L1 7 P.O.B. TRACT 5 �0,� � m� d O U -L" o Lo 00 0 0 CD SEE SHEET 6 • ceivi Engineering & Surveying 2559 SW Grapevine Pkwy, Grapevine, Texas 76051 817-329-4373 TxEng Firm # F-2944 I TxSury Firm # 10021700 �G` V / J ono 3 z z w w w Q / U Z / N m N C/ m H` OF T — Scale: 1" = 50' Sheet PEE \STE Rya s Date: 4/18/2024 JOELS.BARTON„•) Job No.: 10923 of Drafted: T.J.M. <�oFFsso�? qN0 SURV Checked: J.S.B. 4/18/2024 r J4 "EXHIBIT A" LINE TABLE LINE # BEARING DISTANCE L1 S74012'26"W 15.59' L2 NORTH 10.39' L3 N74012'26"E 15.59' L4 SOUTH 10.39' L5 WEST 10.00, L6 NORTH 15.00' L7 EAST 10.00, L8 SOUTH 15.00' L9 WEST 15.00' L10 NORTH 15.00' L11 EAST 15.00' L12 SOUTH 15.00' L13 WEST 10.00, L14 NORTH 15.00' L15 EAST 10.00, L16 SOUTH 15.00' L17 WEST 14.14' L18 N45000'00"E 35.36' L19 EAST 14.14' L20 S45000'00"W 35.36' 0 0 Scale: NONE Sheet MICIVI [ Date: 4/18/2024 10 Engineering & Surveying Job No.: 10923 of 2559 SW Grapevine Pkwy, Grapevine, Texas 76051 Drafted: T.J.M. 817-329-4373 TxEng Firm # F-2944 I TxSury Firm # 10021700 Checked: J.S.B. 10 4/18/2024 SPEEDWAY 3 INDUSTRIAL PARK OFFSITE UTILITY IMPROVEMENTS ENCtOACTTARENT OVERVIEW N W E GRAPHIC SCALE S 1"=50' 2 0 50 100 150 N O N Q Q t 3 cn 1 N O J I C N E t U 0 0 U w LEGEND 1 W WATER LINE ro N S SEWER LINE rn O FM FORCE MAIN LINE j co • SANITARY SEWER M.H. EASEMENT < STORM DRAIN INLET/ STORM DRAIN O c 0 j PREPARED BY: c/) GMcivit M Engineering & Surveying � 2569 SW Grapevine Pkwy. Grapevine, T— 76051 817-329-4373 O T..,, 1— # F-2944 T fFirm # 10021700 L LI ' II 3 LOT 2, BLOCK 2 N 16.204 ACRES IU 4ENT No. 1 I// i/ LOT 2, BLOCK 2 PRIVATE 16.204 ACRES 21" R.C.P. S � J N � O N ck� Im Uj z ENCROACHMENT No. 2 n � CL "' N ti vi W , �i > w d PUBLIC 15' WATER EASEMENT I I I N, SPEEDWAY 3 INDUSTRIAL PARK OFFSITE UTILITY IMPROVEMENTS ENCllROACHIvTENT OVERVIEW N W E GRAPHIC SCALE S 1"=50' 0 50 100 150 LEGEND W WATER LINE S SEWER LINE FM FORCE MAIN LINE • SANITARY SEWER M.H. EASEMENT STORM DRAIN INLET/ STORM DRAIN PREPARED BY: GMcivit Engineering & Surveying 2559 SW Grapevine Pkwy. Grapevine. T— 76051 817-329-4373 Tr..,,,,— # F-2944 1 T f, Wm # 10021700 LOT 2, BLOCK 2 00 16.204 ACRES �* PRIVATE > 21 " R.C.P. iY ENCROACHMENT No.4 w ENCROACHMENT No. 3 PRIVATE 27" R.C.P. J U N U '0 m j w iY z w PUBLIC 15' WATER EASEMENT PRIVATE 21"R.C.P. LOT 3, BLOCK 2 12.441 ACRES ENCROACHMENT No. 5 W PUBLIC 12" W.L. LOT 2, BLOCK 2 16.204 ACRES cn 6o PUBLIC 25' \ WATER EASEMENT / i SPEEDWAY 3 INN U S TRIAL PARK OFFSITE UTILITY IMPROVEMENTS ENC OACT-IMEN'T' NO. A PREPARED BY: GMcivil Engineering & Surveying 2559 SW Grapevine Pk y, Grapevine, Texas 76051 817-329-4373 TxEng Frm p F-2944 I TxS,ry Frm k I OD2170D PUBLIC 12'' W.L. � I N O N co ENCROACHMENT a a v PROFILE SCALE o Horizontal Scale: F' = 40' Vertical Scale: F' = 4' Ea� 675 U C W C 665 I NOTE: P7 CONTRACTOR T( N PROTECT WATER rn 0 AT ALL TIMES DU w 660 CONSTRUCTION No. 1 GRAPHIC SCALE 1 "=40' 0 40 80 120 LEGEND W WATER LINE S SEWER LINE N Z FM FORCE MAIN LINE SANITARY SEWER M.H. m WATER AND SEWER EASEMENT STORM DRAIN INLET/ STORM DRAIN ENCROACHMENT AREA w I _ — PRIVATE 3" - D.O.M. W.L. LOT 2, BLOCK 2 16.204 ACRES PRIVATE 2 F.M. LINE PUBLIC 15' WATER EASEMENT '— EXISTING GROUND @ CENTERLINE OF PIPE I � � �'-- 675 PROPOSED GROUND @ CENTERLINE OF PIPE NO N M 670 O i N PUBLIC 12" W.L. -9� PRIVATE 3"WL• 665 PUBLIC WATER EASEMENT JE 'G I 660 i li I SPEEDWAY 3 INN U S TRIAL PARK OFFSITE UTILITY IlM>EROVIEMIENTS ENCROACff IMENT NO. 2 PREPARED BY: W4 GM civi I Engineering & Surveying — 2559 SW Grapevine Pk y, Grapevine, Texas 76051 817-329-4373 T,Eng Frm p F-2944 I TxS,ry Frm k I OD2170D w M M N - NN PRIVATE 21" R.C.P. 00 L d a PUBLIC 15' W.L. EASEMENT 3 LOT 2, BLOCK 2 16.204 ACRES U) I PROFILE SCALE o Horizontal Scale: F' = 40' Vertical Scale: F' = 4' c a� 0 665 --- 0 L U C W 1l I N 0) 1-1 660 E N L Q C 655 0 a- i r� I PO N w 650 GRAPHIC SCALE 1"=40' 0 40 80 120 LEGEND Lu W WATER LINE Z to S SEWER LINE FM FORCE MAIN LINE SANITARY SEWER M.H. WATER AND SEWER EASEMENT STORM DRAIN INLET/ STORM DRAIN ENCROACHMENT AREA PRIVATE 3" D.O.M. W.L. ,N V" W I' 1 M PUBLIC 12" W.L. nn ENCROACHMENT No. 2 PRIVATE 27" R.C.P. PUBLIC 6" W.L. u 0 N PUBLIC WATER�i J I EASEMENT PROPOSED GROUND @ CENTERLINE OF PIPE --- - 665 I I1 PRIVATE 27 R.C.R. I 1 1 T � r 660 NOTE: CONTRACTOR TO PROTECT WATER LINE AT ALL TIMES DURING CONSTRUCTION 655 650 SPEEDWAY 3 INDUSTRIAL PARK OFFSITE UTILITY IMPROVEMENTS ENCP.OACTTMENT NO. 3-4 N W E GRAPHIC SCALE S 1"=40' 0 40 80 120 N O N m a Q 3 v vi I N O J C N E t U 0 O U C W I M N rn O 7.. O rn c 0 j PREPARED BY: TI 3 I Z LEGEND �^ WATER LINE S SEWER LINE FM FORCE MAIN LINE SANITARY SEWER M.H. WATER AND SEWER — — _ _ _ EASEMENT STORM DRAIN INLET/ STORM DRAIN ENCROACHMENT AREA PUBLIC 15' W.L. EASEMENT ENCROACHMENT No. 4 ENCROACHMENT No. 3 PRIVATE 27'' R.C.P. I GMcivil PO Engineering & Surveying N 2559 SW Grapevine Pkwy. Grapevine. Texas 76051 817-329-4373 O Jx ng Finn 0 F2944 1 Txs— Fnn # 1002, 700 / Li.l LOT 2, BLOCK 2 16.204 ACRES c PRIVATE U 21 " R.C.P. U-1 Q CL 10 W QL 0 0 cl- I I Q n 1 1Q- N N 0 N L d Q D rn 3 vi I N H 0 I a� t U 0 O L U C W I M N 0) 0 1-1 U) E Q N to 0 0 Cn I PO N rn 0 w SPEEDWAY 3 INDUSTRIAL PARK OFFSITE UTILITY IMPROVEMENTS ENCROACHMENT NO. 4 PREPAP,ED BY: GMcivil Engineering & Surveying 2559 SW Grapevine Pk y, Grapevine, Texas 76051 817-329-4373 TxEng Frm p F-2944 I TxS,, Frm k I OD2170D PUBLIC 12" W.L. nTi1 PRIVATE 2 1 " R.C.P. PRIVATE 48" R.C.P. w PUBLIC 15' W.L. - LOT 2, BLOCK 2 EASEMENT 16.204 ACRES ENCROACHMENT No. 3 GRAPHIC SCALE 1 "=40' 0 40 80 120 LEGEND w W WATER LINE Z N S SEWER LINE FM FORCE MAIN LINE ?� SANITARY SEWER M.H. WATER AND SEWER EASEMENT STORM DRAIN INLET/ STORM DRAIN ENCROACHMENT AREA nr PRIVATE 6" W.L. M M M- - -f — — — PRIVATE 2 1 " R.C.P. PRIVATE 30" R.C.P. - `ENCROACHMENT No. 4 PRIVATE 27" R.C.P. PROFILE SCALE - - - Horizontal Scale: F' = 40' EXISTING GROUND @ Vertical Scale: F' = 4' CENTERLINE OF PIPE i TI 665 PROPOSED GROUND @ 665 CENTERLINE OF PIPE — 100-YR HGL I� PRIVATE 660 48" R.C.P. PRIVATE 30" R.C.P. 660 N N PUBLIC �- PRIVATE 655 6" W.L. 6" W.L. 655 PUBLIC WATER - NOTE: CONTRACTOR TO EASEMENT PROTECT WATER LINE AT ALL TIMES DURING 650 CONSTRUCTION 650 T N O N a a D 01 3 I N H 0 I a� E U 0 O L U C W I M N 0) O U) E a) Q i O 0 a- i Cn I PO N rn O w SPEEDWAY 3 GRAPHIC SCALE 1 "=40' INDUSTRIAL PARK OFFSITE UTILITY IMPROVEMENTS 0 40 80 120 ENCROACHMENT NO. 5 LEGEND W W WATER LINE PREPARED BY: Z CO) S SEWER LINE GMcivil FM FORCE MAIN LINE 3 SANITARY SEWER M.H. WATER AND SEWER Engineering & Surveying — — — — — — — EASEMENT 2559 SW Grapevine Pkwy, Grapevine, Texas 76G51 917-a2s-,7, C7 STORM DRAIN INLET/ TxEng Finn k F2944 TxSFirm p 10021700 STORM DRAIN ENCROACHMENT AREA / PUBLIC 12" W.L. � LOT 3, BLOCK 2 12.441 ACRES PRIVATE 1$„ R•C.P• ENCROACHMENT I ,o LOT 2, BLOCK 2 No. 5 ��� 16.204 ACRES sue, PUBLIC 25' W.L. 'PO EASEMENT A PROFILE SCALE Horizontal Scale: 1" = 40' Vertical Scale: F' = 4' PROPOSED GROUND @ CENTERLINE OF PIPE 665 EXISTING GROUND @ 100-YR HGL 665 CENTERLINE OF PIPE 660 ]--PRIVATE 54" R.C.P. — 660 o a cV M 655 PRIVATE PUBLIC _ 655 3" W.L. 12" W.L. NOTE: PUBLIC WATER = - j CONTRACTOR TO EASEMENT PROTECT WATER LINE AT ALL TIMES DURING 650 CONSTRUCTION 650 EXHIBIT B Certificate of Insurance Tier II Easement Encroachment Agreement Page 11 of 11 Revised 12/2022