HomeMy WebLinkAboutContract 61410Date Received: 5/15/2024
Time Received: 11:11 a.m.
Record Number: PN24-00042
City Secretary No.: 61410
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 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 7676117 ("Property"), being more particular 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 the Deed Records of Denton
County, by Instrument Number 2022-18245; and
WHEREAS, the City owns a right of way (the "Public Property") adjacent to
the Property, recorded in the deed records of Denton County by instrument number 2022-
18243;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,
Tier II ROW Encroachment Agreement
Page 1 of 12
Revised 12/2022
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
installing, and maintaining a storm drain (the "Encroachment"). Upon completion of the
Encroachment, Licensee agrees to be responsible for maintaining the Encroachment
within the Public Property. Licensee shall not expand or otherwise cause the
Encroachment to further 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.
Tier II ROW Encroachment Agreement Page 2 of 12
Revised 12/2022
5.
Upon termination of this Agreement, Licensee shall, at the option of and at no
expense to the City, remove the Encroachment and restore the Public Property to a
condition acceptable to the Director of Transportation and Public Works, the Director of
the Water Department, the Director of the Development Services Department or their
duly authorized representative. Any such removal of the Encroachment shall be in
accordance with then -existing City regulations and policies. It is understood and agreed
to by Licensee that if this Agreement terminates and Licensee fails to remove the
Encroachment and restore the Public Property, Licensee hereby gives City permission to
remove the Encroachment and any supporting structures from the Public Property, to
restore the Public Property, and to assess a lien on the Property for the costs expended by
the City in taking such actions.
6.
In order to defray all costs of inspection and supervision which the City has
incurred or will incur as a result of the construction, maintenance, inspection or
management of the Encroachment and use of Public Property as provided for by this
Agreement, Licensee agrees to pay to City at the time this Agreement is requested an
application fee in the sum of Nine Hundred Dollars ($900.00). Additionally, Licensee
agrees to pay a fee in the amount of $2.00 per square/linear foot of the encroachment area
upon execution of this Agreement and annually thereafter.
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
Tier II ROW Encroachment Agreement Page 3 of 12
Revised 12/2022
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
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
Tier II ROW Encroachment Agreement Page 4 of 12
Revised 12/2022
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
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
Tier II ROW Encroachment Agreement Page 5 of 12
Revised 12/2022
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.
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.
Tier II ROW Encroachment Agreement Page 6 of 12
Revised 12/2022
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 ROW Encroachment Agreement Page 7 of 12
Revised 12/2022
City:
CITY OF FORT WORTH
Z;
By: Dalton Harrel[Vay 14,202418:09 CDT)
D.J. Harrell, Director of the
Development Services Department
Date: May 14, 2024
4 FORT Ad
ATTEST: 5_
oe ,o
ago a=�
� /� d�a� nE4p54a
Jannette Goodall,
City Secretary
Date: May 15, 2024
Licensee:
Scannell Properties 4606, LLC
a Indiana limited liability company
By:
Name: Marc D. Pfleging
Title: Manager
Date: S~// /7,07 /
Approved As To Form and Legality
Jeremy Anato Mensah
Assistant City Attorney
Date: May 13, 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.
T&/--
Rebecca Diane Owen (May 13, 202420:25 CDT)
Rebecca Owen
Development Services
Date: May 13, 2024
OFFICIAL RECORD
CITY SECRETARY
Tier 11 ROW Encroachment Agreement FT. WORTH, TXPage 8 of 12
Revised 12/2022
K
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 14th day of
May , 2024.
Weil �ea"((4ee
'W e'ndy Beals (May 14, 202418:29 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 II ROW Encroachment Agreement
o,�p,RYP(ie, WENDY L BEARDSLEE ,
z n Notary Public
+ * STATE OF TEXAS
Notary I.D. 13323719-3 '
My Comm. Exp. July 28, 2025 '
Page 9of12
Revised 12/2022
STATE OF _,,�,,n c %%
COUNTY OF n
0
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
jkcSt,%ao,_ , on this day personally appeared Marc D. Pfleging, manager
(Title) known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he or she executed the same for the purposes
and consideration therein expressed, as the act and deed of Scannell Properties #606,
LLC, a Indiana limited liability company (entity type), and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this �3day of
.2024.
► y pv glen E. Walker
Pjpfgry ptl&Ion n Me
V ► SEAL t Coffm*alon E=km
ary Public in and for the �,n„ y 08, i0
State ofo.Y��
Tier II ROW Encroachment Agreement
Page 10 of 12
Revised 12/2022
EXHIBIT A
Depiction and description of the Encroachment
Tier 11 ROW Encroachment Agreement Page 11 of 12
Revised 12/2022
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PREPARED BY:
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Engineering & Surveying
EXHIBIT "A"
RIGHT-OF-WAY DEDICATION
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 that tract of land as described in Final
Judgment to FW Sports Authority. Inc., recorded in Volume 4960, Page 2270, Deed Records,
Denton County. Texas (DROCT), being a portion of that tract of land as described in document
to FW Sports Authority, Inc" recorded in 97-R0004214. DRDCT, being a portion of Texas
Motor Speedway. an addition to the City of Fort Worth, Denton County. Texas as recorded in
Cabinet V, Page 493. Plat Records. Denton County. Texas, and being more particularly described
as follows;
COMMENCING at a 1/2" rebar found at the southeast corner of Petty Place right-of-way per
dedication deed recorded in 2010-22890, Official Records, Denton County. Texas (OROCT) &
amended dedicatory certificate recorded in 2010-34605, ORDCT, the most westerly southwest
corner of a remainder portion of said Texas Motor Speedway addition, the northeast corner of
Lot 4, Block 3 of the final plat of Lot 3. Block A & Lot 4, Block 3. Speedway Distribution
Center, an addition to the City of Fort Worth, Denton County. Texas as recorded in 2012-139,
ORDCT, and the northwest corner of Lot 1, Block 1, Speedway 2 Industrial Park, an addition to
the City of Fort Worth, Denton County. Texas, as recorded in 2019-371, OROCT:
THENCE N B9'35'11` E, along a reentrant line of said Texas Motor Speedway addition and the
north line of said Lot 1. Block 1, Speedway 2 Industrial Park, a distance of 1220.40 feet to a 1/2"
rebar capped Goodwin & Marshall set (hereafter referred to as 1/2" rebar capped set) at the
northeast corner of said Lot 1, Block 1, Speedway 2 Industrial Park;
THENCE N 00'12'25" W, across said Texas Motor Speedway addition, a distance of 95.76 feet
to a 112" rebar capped set in the south line of a 120' wide Public Access & Utility Easement,
recorded in 97-ROO24344, OROCT, being the southeast corner of a Right -Of -Way Easement,
recorded in 2019-3483, OROCT, and being the POINT OF BEGINNING of the herein described
tract of land;
THENCE N 00'12'25" W. along the east line of said Right -Of -Way Easement, a distance of
120.00 feet to a 1/2" rebar capped set at the northeast corner thereof, said point lying in the north
line of said 120' wide Public Access & Utility Easement, from which a 1/2" rebar capped set at
the southeast corner of Lot 3, Block 2 of the f inal plat of Lots 2 & 3, Black 2, Speedway 2
Industrial Park, an addition to the City of Fort Worth. Denton County. Texas as recorded in
2019-425, ORDCT bears N 00'12'25' W. 10.87 feet;
THENCE along the north line of said Public Access & Utility Easement, as follows:
N B9'20'54" E, a distance of 598.66 feet to a 1/2' rebar capped set at the beginning of a
tangent curve to the left. having a radius of 22.00 feet;
Northeasterly, along said curve, having a central angle of 90'00'00 an arc distance of
34.56 feet, and a chord that bears N 44'2054" E. 31.11 feet to a 112" rebar capped set in
the west line of Victory Circle West (a 120' wide Public Access & Utility Easement.
recorded in 97-R0024338, ORDCT)
THENCE along the west line of said Victory Circle West, as follows:
S 00'39'06" E. non -tangent to said carve, a distance of 107.63 feet to the beginning of a
tangent curve to the left, having a radius of 660.00 feet:
Southeasterly, along said curve, having a central angle of 04'44'27", an arc distance of
54.61 feet, and a chord that bears S 03*01'20- E. 54.59 feet to a 112" rebar capped set;
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EXHIBIT "A"
TFENCE departing the west line of said Victory Circle West, along the south line of said Public
Access & Utility Easement recorded in 97-RO024344. ORDCT, as follows:
Northwesterly, along a curve to the left, having a radius of 22.00 feet, a central angle of
85'15'33", an arc distance of 32.74 feet, and a chord that gears N 48'01'20' W. 29-80 feet
to a 1/2" rebar capped set at the end of said curve;
S B9'20'54" W. tangent to said curve. a distance of 601.93 feet to the POINT OF
BEGINNING and containing 74,735 square feet or 1.716 acres 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 2.009-31, Official Records, Denton County, Texas - NAD 83
(1993) datum.
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PARCEL No. 7 I
120' PUBLIC ACCESS 6 UTILITY EASEMENT Cn
97-R0024344, O.RD.C.T.
TEXAS MOTOR 1
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CML ENOWEERS - PLANNERS - SURVEYORS
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MO&O (M 7) 32$- M
TBFW RRM No. 100217M
CURVE DATA \
DELTA ARC CHORD BEARING CHORD \�
90 `00 100 "
34.56 '
4 °44 '27 "
54.61 '
85 °15'33"
32.74'
Scale ;
Date
N44 '20 '54 "E 3 1.11'
S03 °01 '20 "E 54.59 '
N48 °01'20"W , 29.60'
1 "=100 ' �E......... F
ST
4/9/2021
.�'• Job No . 1 10781
Drafted 1 T . J . M .
Checked: J . S . B -
JOEL S. EAI
....................
4914
Sheet
5
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_:\10781 - SPEEIWAY LIWWO\PEM PLAMWETTY PLACE POW 0000
EXHIBIT "A"
10' ENCROACHMENT AGREEMENT
STATE OF TEXAS:
COUNTY OF DENTON:
BEING a tract of land situated in the James Smith Survey, Abstract No. 1 149,
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 that called 196.883 acre tract of land described in documents to
FW Sports Authority, Inc., recorded in 96-R0084103 & 97-R0004214, Deed
Records, Denton County, Texas, and being more particularly described as
follows:
COMMENCING at a 1 /2" rebar capped Goodwin & Marshall set at the
intersection of the north line of Petty Place (120' R.O.W. easement, 2022-
18243, ORDCT) and the west line of Victory Circle West (120' R.O.W.
easement, 2022-18242, ORDCT), being the most southwesterly point of curve
of said intersection, and being a point of curve in the south line of a Tract 1
as described in deed to Scannell Properties #606, LLC, recorded in 2022-
18245, ORDCT;
THENCE South 89 degrees 20 minutes 54 seconds West, along the north line of
said Petty Place and the south line of said Scannell Tract 1, a distance of
22.00 feet to the POINT OF BEGINNING of the herein described tract of land;
THENCE SOUTH, departing the south line of said Scannell Tract 1, across said
Petty Place, a distance of 120.00 feet to a point in the south line of said Petty
Place and the north line of Tract 2 as described in deed to Scannell
Properties #606, LLC, recorded in 2022-18245, ORDCT, from which a 1 /2"
rebar capped Goodwin & Marshall set at a point of curve in the south line of
said Petty Place bears North 89 degrees 20 minutes 54 seconds East, 25.67
feet;
THENCE South 89 degrees 20 minutes 54 seconds West, along the south line of
said Petty Place and the north line of said Scannell Tract 2, a distance of
10.00 feet;
THENCE NORTH, departing the north line of said Scannell Tract 2, across said
Petty Place, a distance of 120.00 feet to a point in the north line of said Petty
Place and the south line of said Scannell Tract 1;
THENCE North 89 degrees 20 minutes 54 seconds East, along the north line of
said Petty Place and the south line of said Scannell Tract 1, a distance of
10.00 feet to the POINT OF BEGINNING and containing 1,200 square feet or
0.028 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.
ZE OF re
Job No.: 10923 Scale: NONE Sheet
GMcivil r Drafted: T,J,M, Checked: J,S,B. ..JOEL S. BARTON . )
�;-o,Q . 4914 . P.
Engineering & Surveying of �q �FFssO,o�
I;,,, .rr,� �SURV
43 Date Prepared: 8/30/2022
8/30/2022
Of
0 100
SCALE IN FEET
TRACT 1
SCANNELL PROPERTIES
#606, LLC
2022- 78245, O. R. D. C. T.
EXHIBIT "A"
— REMAINDER
FW SPORTS
AUTHORITY INC.
96-ROO84703
U 97-R0004274
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APPROXIMATE LOCATION O
15' QUICKSILVER RESOURCES, INC EASEMENT N 89020'54" E F
2011-109382, O.R.D.C.T.
(LOCATION PER PLAT 2D21-192, O.R.D.C.T.) 1 0.00' „ =
' N I TEXAS MOTOR
SPEED WA Y
— ` PETTY PLACE 1 /2"R.C.S. I 2027-792, O.R.D.C.T
(120' R.O.W. EASEMENT 2022-18243, O.R_D.C_T. S 89020'54" W
22.00'
TEXAS MOTOR SPEEDWAY
2021-792, O.R.D.C.T
1
PARCEL No. 7
120' PUBLIC ACCESS
& UTILITY EASEMENT
97-R0024344
D.R.D.C.T.
REMAINDER
FW SPORTS
AUTHORITY, INC.
96-ROO84703
97-R0004274
D. R. D. C. T
.1 0.
Sv1I T�'G 1
NORTH
120.00' SOUTH
SOUTH' 10' ENCROACHMENT
120.00
S 89020'54" W AGREEMENT
1,200 SQ. FT.
10.00' 11 0.028 AC.
N 89020'54" E
25.67' 1
1/2"R.C.S. 1
TRACT 2
SCANNELL PROPERTIES
#606, LLC
2022-18245, O. R. D. C. T.
PARCEL No. 1
120' PUBLIC ACCESS
& UTILITY EASEMENT
97-R0024338
D. R.D.C.T.
Job No.: 10923 Scale: 1"=100' Sheet
GMcivit Drafted: T.J.M. Checked: J.S.B. 2
Engineering & Surveying of
<. Date Prepared: 8/30/2022 2
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OF
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JOEL S. BARYON
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8/30/2022
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INDUSTRIAL PARK
OFFSTTE UTII ITY IMPROVEMENTS
ENCROAC EVMNT OVERVIEW
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GRAPHIC SCALE 1=50
0 50 1D7 150
LOT 2, BLOCK 2 120' R.O.W. EASEMENT
691,372 SQUARE FEET 0 I 2022-18242, O.R.D. T.
15.872 ACRES O
10' STORM DRAIN I "'
ENCROACHMENT
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PETTY PLACE — — — — — — — 1 L — Z
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PROPOSED 5'
WATER EASEMENT i T/NG /8
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LOT 1, BLOCK 1
699,222 SQUARE FEET
16.052 ACRES m
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_-- — 1 z 10' WATER EASE
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LEGEND
W WATER LINE PREPARED BY:
EXISTING STORM GMcivilDRAIN
STORM DRAIN Engineering & Surveying
INLET/
STORM DRAIN
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ENCROACHMENT OVERVIEW
LEGEND
W WATER LINE
I EXISTING STORM DRAIN
STORM DRAIN INLET/
STORM DRAIN
PREPARED BY:
GMcivil
Engineering & Surveying
N
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GRAPHIC SCALE
C ee 90 120
- — — — — —— PRO�.12"W.L. N
10' STORM DRAIN
ENCROACHMENT PROPOSED
PROPOSED 42" RCP — _ — —I— — _ — -
- - �42" RCP
120' R. O. IA,\EASEM EPjIT 202g-18243, O. R. D. C3T
I PROPOSED 5' J:
WMER EASEMEN�,
PiOP. li " W.L. _
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Horizontal Scale: 1" = 40' PROPOSED GROUND @ "'
Vertical Scale: 1" = 4' w CENTERLINE OF PIPE LU I�
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3
6 70 CENTERLINE OF PIPE 6 70
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665 --- --- ---� 665
42" R.C.P.
660 � � i � 660
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PROPOSED TE:
NTRACTOR TO
12" W.L.L. P OTECT WATERLINE INE
A DURING655 CONSTRUCTION 655
EXHIBIT B
Certificate of Insurance
Tier 11 ROW Encroachment Agreement Page 12 of 12
Revised 12/2022